Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-05-03
WIFE OF BUTLER
ACCUSES SPANIEL
Declares Killing Unproyoked
and Insists Husbands
Character Was Good.
TESTIMONY ALL IN TODAY
Noted Texas Case Likely to
Be Submitted to Jury Some
Time Tomorrow.

COLEMAN. Texas. MAY when
court recessed this Afternoon iu "a"
trial of Harry j spaniel. charged
with killing Ilcut-Col N. q. Butler
a, Alpine. Texas. last July attorneys
expressed the belief that taking ~ tes-
timony would hc finished hy iomor
row evening TOdtys sessions were
devoted almost entirely 90 introduc-
tion Of states witnesses tending 10
show Butlcr's good reputation ana 10
impeach testimony given hy defense
witnesses Tn, most important WI
ness today was Mrs NJ &. Butler OF
Nashville. Tenn. widow of the dead
army officer She testified Mrs
Spaniel had not been insulted In "A
room M the Holland hotel as charged
bv Spaniel. and that she was in the
room with Butler and Mrs SPANIEL
Spaniel was acquitted last Fcbru-
ary Of killing his wife. who, with But
Ter. was shot 10 death I'm Spauclls
automobile. following an alteration
over Rutlcr's alleged attentions 10 Mrs.
Spaniel
shows Nature of Wounds.
Dr. j B Middlcbrook of Alpine.
the first witness this afternoon, tcsh-
field that three small calibre pistol
,-bullcts which killed Mrs spaniel. were
Inflicted ON the back Of her head
one of her fingers showed powder
burns rs did her right thumb.
Spaniel had testified he used small
pistol in the shooting and hc sobbed
as this testimony was given
Middlcbrook said he also found a
large bullet hole in the back curtain
of the Spaniel automobile. lie was
not cross examined.
Dr B T. Burkley Of Alpine tcsti-
fled that Buffers reputation was good.
Defense Loses Point.
Al this Iuucture the jury was with
drawn and the defense asked that all
testimony referring to the nature ana
location Of Mrs. Spancll's wounds be
withdrawn on the ground that 1t was
irrcvclant.
After extended argumcnts the court
oNcrrulcd the defense which gave no.
tice Of an exception.
T. v S.mmons. merchant OF Mis-
sion. Texas. was the next witness after
the jury had been recalled. lie said
Buffers reputation was good.
Mrs NJ G. Butler the next witness.
testified She was with Butler iu the
Philippines and at many places In the
United States They wcrc devoted To
each other. ON the evening of the
double killing at Alpine, she, Butlcr
and Mrs. Spdnru went upstairs IN the
Holland hotel to wash their hands
after a short automobile trip. Wit
ness and Mrs. SPANIEL were together
all the time they were upstairs, Mrs
Butler testified. Spaniel, she said
came 90 the door and upbraidcd his
wife, saying.
The Last Scene.
Crystal. haven't | told you not to
come up here alone
I'm not alone, Mrs. Butlcr Is
here" Mrs. spaniel replied, according
to witness.
Mrs Butler testified she said "Nos,
Nh spaniel, | am here" and the three
went downstairs together. Spaniel and
wife then entered their automobile
and were Joined a few moments later
by Colonel Butler.
That wds the last time she saw her
husband alive. Mrs Butler said.
Crcss-cNammcd. Mrs Butler adj
miucd she lett the upstairs room, but
was out only long enough Tor Mr.
and Mrs Sptncu to speak few
words She did not hear these few
sentences. Butler never went armed,
she testified. ANA his army pistol was
IN his room ON the night of the Kill
ing.
After several other witnesses foI
the state testified court recessed unul
tomorrow.