The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-12-01
State Loses
|Skir1l1ish in
|Vajgrt Case
Defense Scores When Testi'
mony Is Held Inadmis-
sible-Hundreds in
Court Room.
Trial May Last z Weeks

Seward, Neb., Nov 3o.-Attorneys
for Adolph. Julia and Abby Vajgrt
won the first important victory to
day in the legal battle being fought
here for the freedom of the Bohemian
farmer and his wife and daughter
who are charged jointly with first de
gree murder following the death OF
the yajgrt farm hand. Anton Lana,
when the court held as inadmissable
testimony given by the defendants at
the coroners inquest.
The question of the admissability
of the testimony was precipitated
when County Attorney l.. II. McKil.
lip, prosecuting for the state. took
the witness stand TO outline the
statements made to the coroners jury
by the Vajgrts.
Ills appearance on the stand
brought a storm of vigorous protest
from defendant counsel and j. j,
Thomas Of Seward, who leads the de-
fense, emphatically denounced Nc
Esillips action as Illegal and improper.
c. +. Barth, deputy county attorney
who was about TO question Mckillips
leaped TO his feet declaring that he
was prepared to prove McKillip's le'
gal right to give testimony.
He argued that McKillip as ex of.
ficio coroner of the county by virtue
of the office he now held not only
had a right to testify but that he
would be falling in his duty as cor
oner should he refrain from taking
the stand.
II am not sure Of the legal phases
of the matter" Judge George Cor
coran said. but l gravely doubt the
propriety OF the prosecuting attorney
offering himself as a witness. The
Jury will be sent from the courtroom
We will thrash out this matter right
now"
Three hours lister, after both de
fense and prosecution had cited
number CT presidents 10 support
their contentious, Judge Corcorar
ruled that the testimony given by
the defendants at the coroner's In
quest is incompetent and inadmis
sable
Il feel sure that were this ques
ton to be taken before the state su
preme court it would sustain me ir
my ruling" he continued. Il know
| the Bohemian and great respect and
| fear OF the law and questions asked
him by an officer of the law might
| amount to coercion in his case when
| ~
most experienced citizens
| lie said that he could not pass
| upon the competency OF the county
attorney to give testimony. but Nc
| killip. having lost the right TO offer
the defendants statements, declined
to again take the stand and called
his third witness. II. c.. Laipply. NIL
ford undertaken, who took charge OF
the body of Lana.
Laipply described TO the jury the
condition in which he found the body
when called TO remove 1t from the
straw shed in which Lana met his
death. He said there was a large
wound, apparently made by a shot
gun. in the right side Of the body. and
that the shot tore practically straight
across the body with such force that
bullets were removed from under the
| skin on the left side.
A second wound was discovered. he
said, which had entered the abdomen
and penetrated downward. There
were also marks on the right and left
ears and an infiamed and open wound
on the cheek. as well as n large bump
behind the left ear. made. so far as
he could determine. by the dead mans
having been struck with a blunt In
strument.
He identified as belonging TO the
dead man articles OF clothing. which
he said he had removed from the
body. but they were not offered as ex
hibts by the state.
He was followed by DR.. o. c. Nick
um. Seward county physician. whc
said that he had examined the body
and performed an autopsy on th'
head His description Of the wound
and marks tailed with that OF Laip
ply but he added that crescent shape
scars had been found on the throat.
The autopsy of the head. he said
failed 10 disclose that the skull had
been fractured or that the brain had
been disturbed The blow behind the
ear would not have caused death
Niekum said. but the shotgun wound
would have proved instantly fatal
Ills testimony was confirmed by
DR.. II. r. Clark OF Tamora. who as
sisted him In the autopsy. DR.. Clark
agreed with Nickum that the blow or
the head was severe but that II would
not have been fatal.
| When the court convened this
morning the Najgrt family physician
Dr. A. A. Conrad of Crete. who was
the first outside the Najgrt family tC
be notified of the killing of Lana
was recalled to the stand for cross
examination.
lie repeated his stat<ments OF Wed
nosdny night that Najgrt had told
TINT Abby had killed the farm hand
NaJgrt. he said. was In n highly
nervous condition and even threat
cncd To take his life. His testimony
was punctuated by frequent objections