The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1924-02-09
@Snnithy' y Is
Said toHave
Taken Body
Griffin Says Brunson Fired
Shot That Killed McArdle
Motor Trip Is
Described.
States Charges Denied


ed the James Griffin murder case.
This mysterious stranger entered
District Judge Fitzgerald's filled
court room yesterday afternoon while
Griffin testified in his own behalf.
He disappeared just as mysterious
ly as he entered. No one but Griffin
and probably his associates. Jayce
Banker and William welter, ever saw
him.
This mysterious "Smithy" is the
man whom Griffin testified asked to
take Henry Hank) McArdle either
to a hospital or morgue.
Shooting Accidental.
Griffn's story is that he was an in
nocent bystander and that Brunson
fired the shot that killed McArdle.
He says it was an accidental shoot
ing.
Griffin was jovial and smiled a
greater part OF the time. When his
attorneys smiled. he did likewise.
His smile wore off when County
Attorney Beal started a vigorous
cross examination. The witnesses
had to be cautioned to answer only
the questions asked by the prosecutor.
Griffin Describes Tragedy.
Griffin's testimony described his ae-
tions at the time Of the tragedy. and
told of his whereabouts up to the
time he was arrested by police.
His story in detail is the same as
that of Brunson and other state
witnesses except. that
Griffin denies that he was the sg-
gressor IN the fighting as Brunson
stated
He denies that he was angry over
the hijacking OF alcohol
He denies that he burned McArdiess
body
He denies that Brulson's feet were
tied by a piece Of barbed wire
Denies kidnapping Brunson.
| He denies that Brunsor was kid
naped and kept prisoner in the auto
robbie. while they drove over coun-
try roads in the night.
| He denies that he pointed a re-
volyer at a woman and said, IF you
don't get away from here, you win
get it
He denies he fired shot.
| He denies that he told Brunson, ''If
YOU want to return home, oou had
better give me my alcohol"
He denies that he was In the vic.n-
ity of a haystack.
He denies that he or his friends in
timidated state witnesses.
Griffin testified that he was unable
TO recognize "Smithy." never eav
him before and never saw or heard
OF him since.
Why didn't you tell the jury that
you tried TO phone the hospitals and
see IL McArdle was taken to one.
queried Beal
Hesitstes at Question.
Hesitating for the moment. Griffin
replied that he answered the question
put by his counselor that he went in
to a house to phone some parties.
but that one of the parties called
was not at home and one Of the other
phones was out OF order.
Griffin stated that he went TO the
Taylor battery station 10 fix a bat
terry. He says he saw Rrunson in
the car with McArdle seated on the
right side with him.
DR.. 5. AcCleneghan, coroner's ply
scisn. called by the state. testified
to examining McArdle's body. Nc
Ariie apparently had been dead about
IS hours at the time the examination
was made. he said. and the body was
badly burned.
| Nray examination. he said. showed
bullet wound extending from a
point in the neck TO a point hsck CT
the eyesccket. The bullet severed the
juggulsr vein and an artery. he said
No man with euch a wound. he oe-
clared in response to question, could
live for more than few minutes.
Griffin Shortest.
Lieut.. \. {. Andersen Of tire 20
lice Bertillion bureau. took the stand
10 testify that Griffin. according TO
measurements made hy his depart.
ment, Is the shortest Of the three men
held in connection With the slayine
Griffin is five feet four and one-Aals
inches tall. he ssid. Joyce Banks is
five feet nine and three-eiShth inches
tail and Ernest welter five feet six
and seVen-eighths inches. Testimony
of several witnesses referred to the
shortest OF the three men. rs a
means cf identitlcatien.
Detective William Davis testified 10
recognising Griffin in taxi. and giv-
ing chase from Twenty fourth street
and Ames avenue 70 Twenty.tourth
and Saratoga streets. where the taxi
was forced 10 the curb.
Ranks Drew Gun.
Davis said he chased Banks. who
Was in the car With Griffin. INTO :
yard, and tha; Banks drew a gua.
The detective took the weapon away
from him. he testified The rovolNss
was introduced in evidence
Judge ritsgsrald refused to allow
an automatic pistol and shotgun
found in Grifoa's car to be introduced
in evidence
Griffin sNneafed nervous aS he WAS
led from The court rNom a. r>ress