Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1915-01-07
DEFENSE RELYING
ON CLAIM BROOKS
WAS IN N|OBRARA
Several Witnesses Testify He
Was Not at Geddes April
Is. When Murder Was
Committed.
BULLET HOLE "ExPLAINED"
Outside Feeling Is That State
Has Not Made Strong Case
Mysterious Features
In Tragedy.
BULLET HOLE "EXPLAlNED'

~. ~. Jal a,-lllS dSlciSc
Ia the Menzie- Signal murder case will
complete its case today. and it is ex-
pected that the trial will end before g
o'clock tonight, although there is a
probability that it may be held over
until Monday by the state to introduce
new evidence in rebuttal.
Col. +. II. Morse, n striking figure
and witness for the state in the Men
Zle murder trial, was leaning back in
the tavern here. discoursing to a large
audience, when Sheriff Wagner, Of
Bon M county, arrived to arrest
him for shooting a hardware dealer at
Tyndall.
The supreme court of South Dakota
yesterday affirmed the verdict of the
lower court which convicted Colonel
Morse of assault with intent to kill
II was the final thrill of a very dra-
matte day. Sheriff Lew Rifle had
been called away by a murder and sui
eide at Geddes: County Judge Ward
was reported as near death from dis
murder trial and you have the prevail.
ing state of excitement in Wheeler's
colony OF court visitors.
Colonel Morse was taken for the
shooting of Gustave Hulberg, a Tyn-
dali hardware merchant, several
months ago The colonel and HUI
berg had a quarrel over n shotgun and
the colonel had been insulted. He
sought the satisfaction due a Mis-
souri, and gave warning. The shooting
occurred 10 minut later. The wound
did not result seriously.
When Colonel Morse arrived in
ieddes. someon who did not know
nm, noting his resemblance to Frank
M. Byrne, spread the news hat the
governor was in town to aid in pros
ecuting Brooks. The colonel is dis
~llnsuished in appearance. He wears
q &"htee and moustache. and his APP
parel is perfectly appointed, even to
the eye glass and h~igh-heeled boots.
AS to his profession, the colonel is a
painter or portraits. Il singularly un-
remunerative vocation in this deca-
dent age, as the colonel will tell you.
Ut is for this reason that the %colonei's
wife runs a hotel at Tyndall. Colonel
Morse's popularity at Tyndall is at
tested by the fact that the unfortunate
shooting affair has been tabooed as a
Subject OF conversation in Tyndall.
Brooks, on the stand in his own be-
halt today. said he had never seen
either Menzie or the Signal girl and did
not know either of them. He denied
EaVlnG a wonnd In his back and said
he was tn Niobrara On the night of the
crime.
Brook was nervous in his replies to
questions, even under direct examine
ton. His testimony comedies with thai
OF the alibi witnesses of the defense.
Mrs. Brooks, wife of the defendant,
old on the stand that she talked with
Brooks oven the telephone on the night
OF the murder and that he said he was
In Niobrara.
Wheeler. S. d.. Jan. The alibi
depended on by the defense in the Men
Kie-Signal murder case to clear Rob-
crt Brooks OF the charge now is being
spread before the jury in The court
hou here. That William II. Mennie,
manager OF the lumber npa muir
dered Blanche Signal, his bookkeeper,
with a hammer n then set fire to the
building and shot himself is the as
sumption on which the defense is
based, according to the opening state
ment of Attorney d. II. Sullivan.
Witnesses from Njobrara. Neb., tes-
titled to seeing Brooks on the street
and in the hotel at Niobrara on the
night Of April 16. when the murder was
committed. Harry Rogers. night con
stable testified that he heard the re-
pert of a pistol in the Roster hotel and
when he went to investigate he found
Brooks In a guest room with an empty
revolver. The later explained that he
had thought this gun was empty and
had pulled the trigger. The bullet
pierced his coat, hanging on a chair.
Thus tho defense VIII seek to explain
li!e IDie l.! ftlpokS COIL. Attorney sui
1ivan also stated to the jury thai the
scar on Brooks back. which has been
called a bullet scar, will be explained
as q blelnish of long standing. Cen
tlemen. the hand that held the ham
| mer that robbed that young girl of her
life and pointed the gun that drove a
bullet through the temple of w. II.
! Menzic has forever been consigned to
eternity" declared Attorney Sullivan.
Brooks AIibi Strono.
The Brooks alibi in Which he has put
great confidence since the crime, sets
forth that he left Tyndall on the 10TH,
proceeding in IN auto to Springfield,
and from that place to Running Water,
where he crossed the Missouri river to
Nicbrara.
1T is claimed he was seen in each
town n that he remained in Mo
nara. 10 miles from the scene of TIL.
crime, until April 20. 1914.
Two Witnesses have testified for the
state that Brooks was seen in Platte
on Ap,ll II, Is and 10.
The telephone record boob from
Niobrara was introduced as evidence
that Brooks. in the Niobrara hotel,
| talked over the phone with his wife
in the Padley hotel at Geddes on the
night of April 10.
special stress is laid by the defense
on the fact that Chief of Police Lytle,
of Wymore, Sheriff Hire, of Lincoln,
and two other persons have already
| filed with the county auditor a claim
for the reward offered for Brooks al.
rest and conviction. Two OF the claim
ants We're material witnesses agains,
Brooks.
The state rested after taking evi-
| dence of relatives as to the demeanof.
of the two IN the day of the murder.
| Stockholders of the lumber concern
testified it was in Gebt about $4,000
I'm April, but that circulators of che
Tetition to raise money to tide it oveY
here, meeting with success. The lum-
Der company had been organized about
five years and nae a paid capital of
s23, 600. One issue Of 100000 in notes
were outstanding. Tho insurance col
Elected on the fire was about s14,o0
Fay MenZle, 1~7-year-old daughter @.
W. Fl. Menzie. was the last member
of the family to see him, SO she told
on the stand. Miss Menzie left him at
s o'clock uptown in ron OF the Pad
Hey hotel. At that time he seemed to
l her tn he. in his i1s:a1 ari-ifS