The Birmingham age-herald., 1923-07-08
WIFE DEFENDANT WIEN END
 OF HEARING COME {
Testimony At Preliminary Says Husband Cursed Wife
 With Dying Breath
Continued From Preceding Pase3


 parent interest in Lieutenant Cobb's testimony than in that of any other witness, looking in the direction of the witness while he remained on the stand.
 Lieut. George Earth, also of the Eighth infantry. which was Rick ner's outfit, followed Cobb. He tes- tified that he was sitting on the gal lery when the shot was fired and that the woman came out of the building and handed pistol to Lieu tenant Miley, saying, Take it; I've just shot Rick"
 According to the testimony of Lieu tenant Earth, Mrs. Rickner had a the shooting. She had asked Rickner to repair it, which he Is said to have done. Barth's testimony that the dead officer had returned the pistol to his wife three or four weeks be- fore the shooting occurred was all lowed, but objections entered by de- fense counsel to statements made at the time were sustained by Judge Holman.
 Believed Gronns From Jokcster.
 Warrant Officer Mescal, who fol- that Mrs. Rickner, holding little Marylyn by the arm, walked up to Lieutenant Miley and told him she would be in her quarters if she was wanted later. He swore he did not see the woman hand the pistol to Miley. Mescal said he did not enter the building until the woman had gone out of the gallery. He testified he thought the groans he heard came from some jokester and for that req son he did not go to the scene of the shooting immediately.
 
 tached officer, said he had seen the couple and their baby leave the mess hall some time before the killing. He was not cross examined
 Captain Sam Hardaman, medical department, testified he knew Lieu tenant Rickner by sight and that ne was in a nearby room when the shot was fired. He said he rushed to the scene and saw the wounded officer on the floor. He did not see the wife. He examined Rickner, who died 80 minutes later in base hospital Captain H. K. White of the Eighth corroborated other witnesses, as did Captain William B. Caldwell of the dental corps.
 Captain Graham of the Eighth in fantry, testified he saw Mrs. Rick ner walking away from the scene Asked by the defense if he saw Mrs Rickner fall as she walked away from the building, Captain Graham was not allowed to answer until the court had overruled a state objec- tion. He then said her condition was rational, but that she was highly nervous. He was the states last witness.
 Judge Merrill then arose and said he would not offer any testimony sending a wave of disappointment over the courtroom.
 N N
 Argument Over Woman.
 The killing of Lieutenant Rickner occurred shortly before o'clock Friday night June 2s. His wife is said to have visited him seeking money to buy clothing for little Marylyn, whom he had not seen un- til three or four weeks before the tragedy. When he refused, sine fired. Another version, more accepte%, is that Lieutenant Rickner was caring for the child while his wife dressed for party at the camp. Their argu- ment about "Topsy," the other wom- an, whom Lieutenant Rickner is said to have been friendly with since his arrival in Coblenz, Germany, nearly four years ago, was renewed 1t Is said. This was precipitated L< an alleged remark at the dinner ta- ble, when Lieutenant Ric1ner is said to have exclaimed suddenly that an
 
 like his friend Topsy"
 Mrs. Rickner had come to Annis- ton six weeks ago to obtain an agreement from her husband to sup port his child. She at first took quarters in town. but later forced him toe provide quarters at the camp when Marylyn needed an abdominal operation, performed at the base hos pltal. Here she lived with officers and their wives, while he remained in bachelor quarters.--
 Efforts to settle affairs, which had been reported as going from bad to worse since Lieutenant Rickner knew there was to be a child, failed and the shooting followed.
 The dead officer, member of the polo team of his regiment and popu- lar in camp circles, lived at Mancos, Col, before joining the army some live or six years ago. He met the then Evelyn Sue Elder at a dance at an Arizona army post, near her home. After a years cor respondence, they were we'd A little more than year afterward, he ap- piled for and received an overseas assignment. He had been in Ger many until two months ago He came to Camp Mcclellan from Fort Benning, Ga, and Fort Moultrle, & c.