Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1919-02-08

After strenuous objections and
lengthy argument on the part of
the defense, the foregoing deathbed
statement of Jake Schaul was ad-
mitted as evidence by Judge w. T.
Church in circuit court this morn
ing. in the case of Arthur Miller,
alias James Ellsworth, charged
with murder.
DR.. i. II. First testified for the
state that the declaration was the
one dictated and signed by Jacob
Sclaul, Rock Island pawnbroker,
about 4:30 en- the afternoon Of Dec.
1, 1918, just about an hour before
death at St. Anthony's hospital.
The physician said that after
ScEauI had been informed he had
no chance to recover, the stricken
man said, Il thought So" and then
answered in the affirmative when
asked if he thought he could re-
member clearly what transpired in
the pawnshop the night before. He
was then asked if he cared to make
a statement and he said he did. DR..
Mueller then wrote what the dying
man dictated, after which the doc
ument was read to him before he
affixed his signature. The two
physicians then signed as witness
Ses.
The defense contended that the
statement was made by Schaul
when under no moral certainty
that death was Immediately i'm
pending. The court in overruling
the objection and admitting the dec
laration, maintained that the cir
cumstances and evidence justified
its admittance, and that the state
ment was made by Schaul when
sure that death was near and GER
tain.
Miss Pearl Winter, a nurse in at
tendance upon Schaul at the time
of death, was placed upon the
stand by the state to fix the hour
at which the stricken man expired.
Miss Winter testified that the
pawnbroker died about o'clock in
the evening of Dec. /.
Miller Leader in Jail Break.
That Miller led the Jail breakers
in the wholesale delivery of Jan.
81, in which 20 desperate criminals
escaped from the county jail, was
brought out by testimony of John
p Sexton, deputy sheriff. At the
time of the escape Sexton was act
ing as special night guard.
Miller was leading the gang
with a revolver in his hand" swore
Sexton. He was u or Is feet from
me and l was fighting. l saw
flash and thought l was shot.
About two minutes later the bunch
left the office. still led by Miller"
Did Miller say anything?" quer-
led Thompson.
q couldn't say, so much was said
by so many at that time"
In cross examination T. p. SIN
nett, counsel for the defense, asked
Sexton if he knew Sam Green, a
negro prisoner. who because of a
wounded foot used a crutch.
A Long Crutch.
Isn't it true that Sam Green hit
you over the eye with his crutch ?"
asked Sinnctt.
NO. He would have had to have
a crutch about Is or 80 feet long if
he did. He was that far away
from where I stood"
Herman W. Wahlstrand, jail
turnkey, corroborated Sections
testimony. He stated in addition
thai when the prisoners broke from
the bull-pen, Miller who was in the
lead with a gun in his hand, shout
ed. stick up your hands, there"
Mrs. J. s. Wigers. widow of the
late Sheriff J. S. Wigers was next
called to take the chair for the
state. Mrs. Wigers testified that
On the night of the jail delivery she
first saw Miller as the back door
of the center Jail kitchen opened
She said he was running towards
the door at that time.
How did ne look -
He had on a cap, the visor pull
led low over HIS eyes, and wore a
vest and shirt but no coat. He had
r shining revolver in his hand"
Then what happened?"
Miller and several others of the
prisoners ran in the room where I
vas and one Of them, I think it was
dilier, yelled, You keep ont of our
,V ay or We'll shoot you Before !
could collect my wits they had torn |
cat the screen Of a west window !
II my living room and escaped
Following Mrs. Wigers' testimony
r1urF waS an iOYTrOod until . p'oJpck /