The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-01-26
JekyII-Hyde Defense Offered by
Music Instructor.
81 Didn't Know Who Was Act
ing; 1t Wasn't Mel"
DRAMATIC SCENE IN COURT
Defendant COlIapses on Stand
: Making ImpassiOned Plea.
Admits Numbering Butler, but
Denies Killing Mrs. Spanneh.

San Angelo. Tex, Jan. 26.-Ihe lat@
of Harry ]. SPANIEL, on trial 1or tne
murder of his wife, may be Ill t"e
Hands of the jury before night
Spanneu. who was on the s1dilo
practically all day yesterday. occupied
several hours in describing the events
that led up to his shooting MAJOR M
q Butler in an automobile at Alpine
last July and the death of MS WlIe
from bullet wounds at the same time
He reach, the narrative of the actual
shooting late in the day and altho ms
recountal was at times incoherent he
told one of the most dramatic stories
in Texas court annals.
Judge. Jury court attaches, the aged
father of his dead wife, spectators and
eve. the counsel for both sides wept
openly and SPANIEL. in the midst OF
his recital. collapsed on the stand
When he had concluded his story ne
was helped from the stand by Two
court attaches.
SPANIEL sprang a distinct surprise
by stating that Butler himself started
the shooting He said he believed MS
wife had been insulted by Butler in
the hotel and that he invited the army
officer out in his automobile with Mrs
SPANIEL ito have it out with him.
Struck in Back of Head.
Spaunel said he asked Butler point
blank what "he had done upstairs"
Butler replied he had done nothing;
that Mrs. SPANIEL was just excited
and had misunderstood him Mrs
Spe.4. ii. who was riding - the rear
seat with Butler, jumped up and
started to say something. SPANIEL de-
clared. Butler tried to prevent her
by putting his hands over her mouth
SPANIEL heard her say, He grabbed
me and started to use words l won [
repeat Then, according to SPANIEL.
he felt a blow on the back of his head
and Butler tried to jam his head down
on the steering wheel. SPANIEL drew
CLOUD after cloud came over me-
cried SPANIEL Il didn't know who
was acting-it wasn't me. l heard
one. shot. We wrestled on the seat,
/ knew if Butler got that gun he
would kill me and Crystal too. L
thought of the little pistol in my pock-
ct. / don't remember his finally get
ting the big gun out of my hand. At
ter had gotten the little pistol out
think l fired it 81 couple of times.
II found myself next outside of the
car. / came back quickly to the car
and Butler seemed to be right behind
Mrs. SPANIEL. l rushed around to the
other side of the car and fired at him
there don't know how many times.
Then 1 saw him fall and 1 saw Mrs.
SPANIEL there in the door.
Intended Killing Self Too.
II gra bbed her and called her.
Crystal, speak to mel but she didn't
speak. I tried to get her out of the
car. 1 couldn't move her and 1 put
the pistol up to my own head and
Thought l would kill myself, and baby
came up before me and seemed to
say. Don't. daddy, I'm waiting for
YOU And something pulled my arm
down and started away. 1 called for
help"
He next remembered being in jail
somewhere. He might have fired the
big revolver in the car, he SAID, and
he might have fired the small pistol
before he left the car. But he did
not Intentionally kill his wife.
Crystal knows 1 never killed her!'
he cried. IF anybody killed her,
Major Butler did"
Harry. do you realize your wife is
dead?" asked Lud Williams, chief
counsel for the defense.
Sometimes it comes to me-" Span
nell replied, chokingly. Crystal is
always with me; she has never left
me"
There is slight proba bility SPANIEL
will be called back to the stand for
cross examination today. Both sides
are expected to sum up their cases to-
Gay and the trial passed to the jury
late today or early tomorrow