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 "EXPLAINED"

pected that the trial will enc before 2
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. F. Fl. Morse, a striking figure
and witness for the state in the Men
lle murder trial, was leaning back in
the tavern here. d%iscoursing to a large
audience, when Sheriff Wagner, of
Bon Homm 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.
1t was the inal thrill of a very dra-
matte day. Sheriff Lew Rifle had
been called away by a murder and sui
cid at Geddes: County Judge Ward
was reported as near death from dis
ease; d the intense interest in the
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 a shotgun and
the colonel had been insulted. He
sought the satisfaction due a Mis-
.7oAii tiild SslNS WdlIlIlS. IL SLo)IlEg
occurred 10 minutes later. The wound
did not result seriously.
When Colonel Morse arrived in
ieddes. someone who did not know
him, noting his resemblance to Frank
M. Byrne, spread the news that the
governor was in town to aid in pros
ecuting Brooks. The colonel is dis
t1ngulshed in appearance. He wears
q soatee and moustache. and his APP
parei is perfectly appointed, wen to
the eye glass and h~igh-heeled boots.
AS to his profession, the colonel is a
painter of portraits, a singularly un-
remunerative vocation in this deca-
dent age, as the colonel will tell you.
1t is for this reason that the coloneps
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-
malt today, said he had never seen
either Menzie or the Signal girl and did
not know either of them. He denied
having a wound in his back and said
he was in Niobrara on the night of the
crime.
Brooks was V in his replies to
questions, ever under direct examina-
ton. His testimony comedies with that
Of the alibi witnesses of the defense.
hiS iipohS VIE Dl tIle u~e1eTQant,
told on the Stan that she talked with
Brooks over the telephone on the night
of the murder and that he said he was
In Niobrara.
Wheeler. S. D.. Jan. 2.-The alibi
depended on by the defense in the Men
zie-Signal murder case to clear Rob-
ert Brooks of the charge now is being
spread before the jury in the court
house here, That William H. Menzie,
manager Of the lumber muir
dered Blanche Signal, his ~bookkeeper.
with a hammer and 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 Niobrara, Neb., tes-
titled to seeing Brooks on the street
and in the hotel at Niobrara on the
night of April Is, 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 Will seek TIC explain
the hole III Brooks cost. Attorney Sui
livan also stated to the jury that the
scar on Brooks back, which has been
called q bullet scar. will be explained
as u blemish of long standing. Cen
tlcmen. 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. H.
Menzic has forever been consigned to
eternity declared Attorney Sullivan.
Brooks Abb Strong.
Tho RrpDEG alibi i'm which he k1c mt
great confidence since the crime, sets
forth that he left Tyndall on the 10th,
proceeding in an auto to Springfield,
and from that place to Running Water,
where he crossed the Missouri river to
NtCbrara.
1t is claimed he was seer in each
town and that he remained in Mo
, brara. 10 rAiles from the scene of til
| crime, until April 20. 1914.
Two witnesses have testified for the
| state that Brook was seen in Platte
on AprlI II, is and 10.
The telephone record book from
Niobrara was introduced as evidence
| that Brooks, in the Niobrara hotel
talked over he phone with his wife
in the Padley hotel at Geddes on the
night of April 16.
Special stress is laid by the defense
| on the fact that Chief of Police Lyle
of Wynlore, Sheriff Hire. of Lincoln
! aliAi IWo plliN liel SpliS llaNt dlItdtS
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 evil
dence of relatives as to the deneanol
of the two on the day of the murder,
Stockholders of the lumber concern
svestifed it was in debt about $44,uO
lin April, but that circulators of the
EDITION to raise one to tide it oNel
here, meeting with success. The lum-
Der company had been organized about
five years and had a paid capital Of
IS23,00 One ISSUE of $50, 900 in notes
were outstanding. The insurance col.
lected on the fire was about $4,000.
Fay Menzie, ~1I-year-old daughter O
w. H. Menzie. was the last membe.
of the family to see him. so she TOLD
On the stand. Miss Mcnzie left him a
S O'Clock uptown in front of the Pad.
ley hotel. At that time ha seemed t.
her to be in his usual SHIRTS.