, 1924-02-20
Up Is On
Trial
Continued from Page ~

lSOIlliiGCu L dSC
table. Then he went out the back
door and to bed in Levi Sommer's
shack. The money was recovered
from Sommers by Sheriff Loomis af-
ter Spencer had Starr arrested. The
automatic was found in an old engine
in the back part of the Wallop-Mon-
criffe lumber yard.
Mrs. Shrine was the first witness
called and identified the gun.
Harold Hill testified that Starr had
come in and told him where it was and
declared that it belonged to him. He
went out with it saying that he was
going to play a joke on some of his
friends.
John Dahlem testified that he clos
ed the place about IL o'clock the night
of the 31st and worked on his books
until nearly one o'clock, after which
he went home to bed. He opened the
pool hall about 1880 the next morning,
built up the fire and swept out. In
the meantime Jack Spicer came in,
and shortly a~fterward Verne Spencer
He went out for a bucket of coal and
on his way back Starr hurried past
him, making no reply to his remark
that "he seemed in a hurry" Almost
Immediately Spicer and Spencer call
ed to him to "Get that fellow, he held
us up"
Under cross-examination by Starts
attorney the witness denied that any
poker game was underway in the back
room during the night or that cards
were played for money in his place.
The former spent considerable time
trying to learn whether Dahlem had
used kindling to start his fire or built
it up with coal. Dahlem denied that
he placed any whiskey on a table dur
ing the evening, or sold any. He stat
ed that Starr had paid him 20 cents
on a rummy game he had lost and had
told him that it was all he had. He
said he had only hickies to "eat on"
He already was in debt to the pool
hall and Dahlem informed him he
could not extend any further credit
until he had settled his account.
He said that Jack Spicer did not
play cards and Verne Spencer was not
in the pool hall that evening, to his
knowledge.
In the course of his testimony he
stated that Harold Hill had come to
the window while he was working at
his books and asked for small change
but as his money was in the safe Hill
vent to the Irma.
Under cross-examination he denied
that he had transferred or mortgaged
his property to Lin Clark after the af-
fair in the pool hall.
Jack Spicer followed. Dahlem upon
the witness stand and as this North
Carolinian in his way is something
of a local celebrity, his evidence was
listened to with a good deal of inter
est. His voice is low and he speaks
without moving his lips to all appear
ances. He has a %curiously quiet, self
contained manner which is character
istic and did not desert him under
cross-examination.
He stated that he lost no time in
producing his money when Starr held
the gun on him and Spencer and told
them not to move but to throw the
money on the table. He saw the $40
Spencer laid down but Starr did not
stop for his and it was his impression
that he vas too nervous to finish
what he had started.
Spicer stated that on the night in
question before the shooting, he went
to bed early at the Irma, between
eight and nine o'clock and was not in
the pool hall. He got up about $50
to get someone to take him up the
North Fork where he is living on his
farm.
Sheriff Loomis was called and tes-
titled that he had been notified by