The commercial. (Union City, Tenn.) 190?-193?, 1915-04-23

sack. These facts are undispute
and bare materially ON the case.
Il am going to follow VIENNA
- and Dietzel on the night of the muI
der. l want to destroy the theor
of the defense on the time feature
wherein they seek to establish al
alibi, which is their only defense
It Ed Dunn, with whom Wehmal
II boarded, states that he came uptown
: with the painter at 8 o'clock tina
4 night, that he made an agreement
a to meet Wehman again at the Alex
a ander livery stable at 1880 O'Clock
that night; that Dunn did go bach
to the livery stable at 10 o'clock and
waited there till IL that night, and
Wehman never showed up. Coble
a storekeeper there, testities that
Wehman came into his store at $3.50
O'Clock, left shortly thereafter with
a bundle under his arm, that he
went in a northeast direction. James
Roberts, farmer who came into the
city that night, says that he saw
Dietzel and Wehman in front of the
IC. B. A. Building shortly after $3.50.
Garrett and other State witnesses
say they saw Wehman going over to-
ward the marble yards little bit
later. Three livery stable employees
state that Wehman took his bath
there shortly before 10 o'clock and
left with bundle under his arm.
Ben Howard states that he saw Web
man at 1922 that night on Church
street, That was the last seen of
him, according to witnesses.
Now let's see where Dietzel went.
The. testimony of three witnesses,
employees of the livery stable, is to
the effect that he ordered horse
and buggy at the stable that night
at 9 o'clock or shortly thereafter,
that he came in and got the buggy
and drove out. Calhoun, one of
these witnesses, says that he gave
him what was known as the Ed
wards mare, a very gentle animal,
and a low top buggy"
COURT ASKS QUESTION.
Ibid any of these witnesses in
dictate the direction Dietzel went |
that nightthat night?" asked Judge
Green.
mo sir. The record does not |
show that they did," replied Gen.
Thompson.
"Now," he continued, going back
to his argument, Calhoun says that
at the time he let Dietzel have the
horse and buggy he let another
young fellow by the name of Kim
sey have the companion buggy, the
match to the one Dietzel had. Cal
houn further testifes that he put a
lap robe in the Dietzel buggy, but
he does not remember whether he
put one in the Kimsey buggy. Kim
sey testifies that he does not think
there was lap robe in his buggy,
but he is not positive. Calhoun fur
Their says that he had hitched up
this Edwards mare 500 times or
more, that she was gentle, quiet
animal, apparently not afraid of
anything; that at 1880 or 11:40
o'clock that night Calhoun and Wat
son, both employees of the stable,
were in the rear washing off three
horses, and that some one at the
front yelled: Here is your horse;'
that he (Calhoun) went to the front
and found the mare that they let
Dietzel have in a heavy sweat and
shivering with fright Watson cor
roborates this statement, both say
ing that the action of the horse
aroused their suspicious"
Mr. Pierce quoted freely from the
record. 81 know this record by
heart" said Mr. Pierce, land wher-
ever l may quote am so confident
that 1 am quoting correctly that I
am willing to risk the life of my
client on it,
Mr.. Pierce then went over the
ground traversed by Judge Ander-
son yesterday, backing up a good
deal of the argument by citations
from the record and adding consid-
cradle strength to the alibi to the
effect that Wehman was seen at
1922 that night and young Dietzel
was at his home at 10:45.
Mr.. Pierce sought to ridicule the
theory as to the blood-stained mon
ey, saying that it was preposterous
to convict man on evidence of that
f1imsy nature. He insisted that it
was impossible for Burdick and
others to have gotten together the
bills spent by Dietzel when they had
been deposited in bank for week
or more.
How did they know that this
was the money spent by Dietzel?
They can't swear that it was. This
whole case is based upon supposition