Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1919-02-11
DEFENSE STORY
TOTTERS UNDER
STATE'SATTACK
Carefully Reared Evidence Fabric
Of Arthur Miller Shaken in
Prosecution RehuttaL
TALE OF BEATING IS FALSE.
Measurement Expert Testffles That
Arms and Head Of Defendant
We're Without Marks,

Miller, alias James Ellsworth,
charged with the murder of Jacob
Schaul, was refuted and rendered
practically useless by the prosecu-
ton in rebuttal yesterday afternoon
in circuit court.
Te3tifying in his own behalf yes
terday Miller stated that the con-
fession which is alleged to have
been secured from him was OBJ
tanned only after he had been the
rec. 1ien5 Of severe beating at
She hands of Rock Island police Of
ficers. In order to wiring from him
a statement that he shot Jacob
Schaul, the defendant said that he
was kicked and battered until he
fell IN a faint.
In REPUTATION of Miller's story of
the alleged beating, the state placed
on the witness stand Walter E.
Holmeyer, Bertillion sergeant of
the Davenport police department
That If the defendant had received
the abusive treatment claimed it
left no discernible marks upon head
or arms, was the testimony of Ser
geant Holmeyer.
The Davenport officer testified
that Miller was brought to Daven-
port by Detective Thomas Cox and
another policeman on the Monday
following the shooting. Two pho
tographs Of Schaul's alleged STAY
er were taken and minute exam
ination conducted in order that all
Identification marks about the head
and arms only might be recorded.
Sergeant Folmeyer declared that
although he found several old
scars, there were no fresh bruises
or discolorations of any descrip-
ton upon that part of the defend
ants person examined.
Appeared Friendly.
Questioned with reference to the
attitude of Cox and Miller toward
each other during the time they
were in his presence, Sergeant Hol-
meyer said they acted more like
friends than like captor and cap
tive.
1t is pointed out that the first
natural instinct of human being
in danger is that Of self-preserva-
ton and protection Under a show
er of blows such as Miller testified
were rained upon him in the little
office in the police station it is as
sumed that his arms would be
thrown up as a measure Of protec-
ton and would accordingly receive
a goodly share of the punishment.
It is an established fact that the
arm, especially the upper section,
is particularly sensitive, requiring
but a slight blow to leave tell-tale
black and blue marks.
More than ever would this reas-
oning apply if the victim was upon
the floor and being kicked. Com
mon sense would indicate that MIL
ler's arms bore the brunt Of sun
dry OF the blows and kicks in such
a melee. But according to Ser
geant Holmeyer's testimony, there
were no visible indications Of fresh
discolorations or bruises Of any
sort upon the arms of the defend |
ant.
1r11er Was Not Beaten.
Night CAPTAIN Charles Bleuer and
Charles GIEu2ue OF the police de-
partu- s--L testified that they were
present when Miller Was brought to
the police station and that he was
not struck then nor when he was
being talked to by Detectives Cox
and Bennett. Both witnesses as
serted positively that the door lead I.
ing from Cox's office into the office /
of the desk sergeant was open.
Three witnesses were placed on :
the stand by the state In refuting
the testimony of Clarence Colony, /
who Saturday testified for the de-
Tense AID stated that on the night !
OF the shooting he saw two men /
scuffllng In Schaul's pawnshop just .
before Miller ran out the door and /
across to Spencer square. Colony :
said he was Immediately IN front .
of the pawnbroker's place of bust
ness but on the opposite side of
Second avenue.
James Campbell of Montgomery
& Campbell, cleaners and dyers,
Detective Tom Cox and Patrolman
Jack Kinney described the front
of the pawnship. Each
told exactly Of two showcases and
a rack upon Which were hung
Dawns, the former two impeding
the vision through the doorway and
the rack making clear sight impos- H
sibie through the heavy plate glass
show window to the right of the
door going into the building. 1t
was thus proven from the position
In which Colony declared he was,
that two men struggling IN the in
terror CT the pawnship at a consid-
cradle distance from the front door
could not be visible from across
Second avenue.
Gun Number Filed Off. II
81 ask you to read the number of
his gun, marked defendants ex-
lihit No. l." said States Attorney
FLOYD z. Thompson, in examination
Il Detective Tom Cox.
"Why, the number has been filed
off," replied Cox, inspecting the
infinitely.
Defendant Ex-ConVict.
Henry D. Brady OF O'Neil, Neb.,
orme- sheriff of Hold county,
Identified Miller as being the mar
Who was sent to the Nebraska
tate penitentiary from Hold coun
Y under the name of Fred Nelson i
N conviction of burglary in July,
915.
Leonard Martin, a taN driver,
Jlaced on the stand for the prose
ution. testified that when TIL
hooting started Saturday night,
JOv. 80, ne was standing in front
Z Martins cigar store on the
ortheast corner of Nineteenth
treet and Second avenue. He said
e was attracted TO the front of