Omaha daily bee., 1919-07-16
START DEFENSE
OF EMERSON ON
MURDER CHARGE
Attorneys for Defendant In
troduce Chain of Witnesses
to Detail Movements
During Day.

erson, charged with the murder of
his mother in Creston on the after
noon of May 6, are attempting to
prove by a chain of witnesses that
the circumstancial evidence intro
duced by the state does not prove
his guilt as he did not leave the pres
ence of customers and friends long
enough during the afternoon to
commit the murder.
w. R. Mcdonald, janitor OF the
building until few weeks before
the tragedy, testified that he fire.
quently while sweeping saw blood
on the floor of the workroom. He
also told of Mrs. Emerson threaten
ing suicide about Is months before
her death following quarrel with
her husband.
Mrs. Lon Pollock of Des MONIES,
sister of Charles Emerson. testi-
fed to Mrs. Emerson's statement
following the funeral of her hus-
band. She quoted her as saying.
II wish it had been me left out
there instead of Charles. 1t would
have been much better. There is
no place left in life for me"
Her husband substantiated her
statements.
In tracing Roy Emersons move
ments on the afternoon of the trag-
edy the first witness called was w.
D. Waidham, manager of a cigar
store. He testified that Emerson
left his store at 2 p. m. George
Wells, manager of restaurant told
of talking with Emerson shortly
after 2 p. m.
Visitors at Office.
Harold Giben, a former Emer-
son employe who had just been dis
charged from the army, told of visit
ing Emerson in the undertaking
parlors from 2:30 to p. m. He was
accompanied by his father and Wis
tied with Roy Emerson and his
mother. He saw Mrs. Cora Foster
pass the building and was present
when Roy Patterson came in. They
left Roy Emerson alone in the
office.
Roy Patterson told Of talking to
Emerson about funeral in the
office about 2:30 or 3 o'clock, Mrs.
Cora Foster told Of waving to Mrs.
Emerson when she passed at gao
erroute to the postoffice. She said
several men were in the office.
When she returned she says no one
was in the office.
Ralph 'rallman told Of visiting
emerson in the office shortly before
p. m. He said Emerson was alone
at the time. During his visit he says
Bonus testified that he was with
Emerson in the office from o'clock
until s y. m. He said he did not see
Mrs Emerson during his visit.
Visit Mt Apartment.
Mr.. and Mrs Shinn testified to
visiting the Emerson apartments the
night of the tragedy to extend con-
dolences. They testified they stayed
with Emerson from 10 o'clock until
1870. During their visit they told
of Matlock and DIR. Orlo Coakley
visiting the apartment.
They testified that Emerson and
the two visitors went into bedroom
and were followed by Mrs. Roy
Emerson who came out in about 20
minutes and requested that some
one take DR.. Coakley away. They
said Frank Flummer took him away.
They refused to say the doctor
was intoxicated but said he was not
in normal condition. When he
entere the room they testified he
knew neither Of them although they
;~1S I'D int
Before leaving the house. they said,
the doctor recognized them.
The prosecution rested its case
following the refusal of the court to
allow DR.. H. M. Stanley to testify
in regard to alleged blood stains in
the clothes worn by Roy Emerson on
the day of the tragedy.
Overrule Defense Motions.
Motions by the defense to strike
all evidence regarding the suit of
clothes. for a directed verdict of
acquittal and a motion for the state
to elect on which of the two forms
of death charged in the indictment
the state would base their case, were
overruled by the court. The in
dictment charges that Mrs. Emer-
son came to her death either by a
blow on the head or by fail down |
the elevator shaft.
Mrs. Louis Ulrich, wife of res
taurant keeper, with apartments in
he Coakley part of the building, was
me first witness called by the de-
,ense. She testified that she lived
across the hall from the Emerson
building and that the door of their
lpartment was open on the day of the
ragedy except between and p. m.
She said her husband was sleeping
md that she heard no unusual noise
" commotion in the Emerson build
ng. On oross-examination she ad-
nitted that delivery wagons in the
lleyway made considerable noise
nd that printing Office next door
lso made considerable noise.
Mrs. George Hawker testified that
he had been acquainted with Mrs.
emerson for a number of years and
hat during the spring while walking
o a lodge meeting Mrs. Emerson
omplained of having dizzy spells.
Mrs. Walter Huntington, living on
farm near Creston, testified that
he was an intimate friend of Mrs.
Emerson who frequently visited her
n the farm. She told of her fire.
uent dizzy spells and said she was
1clned to fret and worry equally
yer large and small affairs. She
avs Mrs. Emerson in her presence
ad threatened to commit suicide.