Omaha daily bee., 1919-07-18
ATTORNEY ASKS
DEATH PENALTY
FOR EMERSON
Severe Cross Examination
Fails to Shake Testimony
Of Defendant; Case
to Jury Today.

Mt. Ayr, Ia, July 17.-(Special
Telegram. Roy Emerson, charged
with the murder of his mother, Mrs.
Kate Emerson, on May f, took the
stand in his own defense Thursday
morning and was recalled for short
time Thursday afternoon. While he
altered his testimony in some minor
details, he failed to change any OF
the main parts of his story.
Attorney F. F. Fuller Of Mt. Ayr
made the opening argument for the
state. His speech took up about
two hours and he appealed to the
jury to return verdict of guilty and
for the death penalty.
Attorney w. E. Mitchell of Coun-
Gil Bluffs followed with a plea for
the defense and T. w. Highly will
make the final plea for the state.
Emerson is subject to fits and
court was forced to adjourn during
his testimony to allow him to re-
cover from an attack.
He testified that he last saw his
mother alive between 2:30 and )
on the afternoon of her death. He
said she was in the office when Har-
old Chen and Roy Patterson were
present. Immediately after they
left he said he left the building and
went to the Wells restaurant and
later watched the construction of
soldiers memorial, returning to the
office at $50 D. m. He testified
his mother was not there at the time.
Views Body in Morgue.
Immediately after his return EN-
erson testified that callers came in
and that Matlock and Hoffman, his
employees, returned about the same
time. He told of visit to the hos
pital and on his return going to
the morgue to view a dead body.
Emerson said he first saw his
mothers dead body when he left
the morgue to go to another part
of the building. He said he did nor
recognize it as a human body I'M
til he was half way across the room
and he Immediately called to Mat
lock. He said he picked his mothe.
up and found that she was dead and
fNmediatly sent for Dr. ]. w. Coax
ley.
He testified he went to the work.
room with Matlock where he first
saw the blood on his hands and
shoes. After washing his hands and
wiping his shoes off with the rag
which was found in the barrel, he
testified that he asked Matlock if he
had any blood on his shoes.
Emerson Denies Statement.
Emerson denied statements made
by DR.. ]. w. Emerson that he had
asked that no inquest be held and
that he had said his mothers head
was beaten to pulp"
He admitted a talk with the cor
oner about the possibilities of his
mother taking her own life, but de-
MED that he said an inquest would
hurt the business. On leaving the
building he testified that he told
the coroner if an inquest was neces-
sary to be sure and get good" men,
not right" men.
Emerson denied that he asked
Matlock to be careful at the inquest
so their stories would agree. He
also denied asking DR.. Oakley to
say that his mothers death was
caused by fall during a dizzy SPELL
He told of the disappearance of a
gun from a desk in the workroom
shortly before the tragedy and of the
search made by himself and Matlock
fearing that his mother had taken
the gun to kill herself. He said the
gun was returned to the desk as
nysteriously as it disappeared and
later was taken again. He said it
had never been found after it dis
the last time.
Talked to Doctor.
He testified that he had talked to
DR.. J. w. Coakley a few days be-
fore the tragedy about his mothers
condition and asked his advice about
having an administrator appointed to
keep her from harming herself. On
DR.. Coakley's advice he said he re-
Trained from requesting the appoint
ment.
Emerson accounted for the lodge
certificate being found under his
mothers body by saying that she