Omaha daily bee., 1919-07-12
WITNESS TELLS
new STORY At
EMERSON TRIAL
Assistant in Undertaking KS.
Establishment Gives Differ.
ent Version of Murder
Than at Inquest.

/
the state in the attempt to prove
Roy Emerson guilty of the murder
Of his mother, Mrs. Kate Emerson,
was on the witness stand the great
err Part of today.
His testimony varied from his
statements before the CORNERS
Jury and he was subjected to Sc
we're cross-examination by the de-
tense. On redirect examination he
testified that few days before Mrs.
Emerson's death in speaking about
the constant quarreling between
mother and son he suggested to
Roy Emerson that it would be a
good idea for either he or his moth
er to buy the business.
Il will have the business and
won't buy it either" he testified En-
erson said.
Matlock answered, Eyes" to the
question, were you present when
Emerson Strengthened the body Of
his mother from its position, on the
elevator platform Immediately after
its discovery" He testified posi-
lively yesterday that neither he nor
Emerson touched the body until
after the arrival of DR.. Coakley. An
ether major point on which differ
ence of testimony appeared was in
regard to summoning of DR.. Coax
ley. Yesterday, Matlock testified
that he remained with Emerson be-
side the body, calling to Hoffman,
who was just outside the morgue to
summon a physician. At the inquest
he testified to having gone back to
where Hoffman was standing and
there told him to bring DR.. Coakley
and upon his return found Emerson
standing over the body of his
mother.
Mrs. Emerson Melancholy.
In reference to a blood-soaked rag
that was found in a barrel of waste
paper in the workroom on the Sec
ORD floor of the building Matlock
answered, yes" at the inquest to
the question, Did you see Emerson
wip, his shoes with this rag?"
Cross-examination developed the
fact that Mrs. Emerson was quite
melancholy at times following the
death of her husband last January,
and that a few days previous to the
tragedy Matlock took her to the
cemetery to visit her husbands
grave. upon returning to the En-
erson building, she said to her pet
dog, to which she was accustomed
to talk" You and I will soon be out
there with Daddy"
Attorney Maxwell intimated that
Matlock was over-zealous IN the
prosecution of the case, and asked
him if he had not on occasions while
talking with other witnesses referred
to the prosecution. as our side"
I he. witness denied making state
ments of this kind.
Shortly before court adjourned
for the noon recess, cross-examina
ton was completed and County At
torney Carroll began re-examinatio
of the witness. The purpose of the
re-examination was to account for
differences in present testimony of
witness and that which he gave at
the inquest. A legal battle immedi-
ately began, in which the defense
succeeded for the present in pre-
venting the witness making any ex-
PLANTATION of differences.
A few questions and answers that
got before the jury tended to show
that Emerson was at liberty at the
time of the inquest and that Mat
lock feared him.
Frances Devoe, bookkeeper for
DR.. J. w. Coakley, testified that she
saw Mrs. Emerson when she came
to the office at 2 p. m. and at $50
p. m. she saw Roy Emerson. At
SIS p. m. she testified VIM. Hoff-
man, an Emerson employee, called
for a doctor and DR.. Orlo Coakley
responded. She accompanied the
doctor and when they reached the
foot of the elevator shaft found DR..
J. w. Soakley, Matlock and Roy
Emerson.
Find Bloody Rag.
She said she left the room to tele-
phone to Roy Emerson's wife and
when she returned the men were
all gone. She called to Matlock who
was in the workroom with DR.. J.
w. Coakley and followed them up
stairs where blood was seen on the
floor and they conducted an exami-
nation, arriving at the conclusion
that the body had been dragged to
the elevator shaft.
She said she later went upstairs
with DR.. Orlo Coakley and found
the floor mopped up and they found
a bloody rag hidden in waste bas-
ket. A whitening cross examina ton
failed to shake her testimony.
DR.. Orlo Coakley corroborated
the statements of the previous wit
nesses and told of his visit to Roy
Emerson's apartments on the night
Of Mrs. Emerson's death. He said
he was invited to the apartment by
Roy Emerson.
He testified that he told Emerson
of finding the bloody rags and that
he replied, Il guess l stopped over
when | wiped mothers face with
the rag
Weakens His Testimony.
The REORGANIZATION weakened
his testimony when he failed to re-
member any other incidents that
occurred on the day of Mrs. Emer-
sons death. He denied being drunk
when he visited the Emerson apart
meit.
William Hoffman, employee of the
Emersons. was on the stand when
the court adjourned. He corrob-
GRATED the statements of the other
witnesses. A few days before Mrs.
Emerson's death he told of talking
with Roy Emerson about his differ
ences with his mother. He testified
that Emerson said, "Sit easy in the
boat, things will soon be all right
Attorneys for the state expect to
frisli the introduction of evidence