Casper Daily Tribune Newspaper, March 16, 1921, Page 9

“The to Kill Is Denied, Accused Woman Talks (Continued from Page 1.) in the Home of Mrs. Hanson a neigh- dor. The state then took the witness and tried to. break, gown the accidental phase of the Mrs. Ackerman was ¢ as to her knowledge of firedrms and as to the manner in whjch she held the gun. The purpose of these” questions was to establish that Mrs. Ackersan had the gun at her shoulder instead of at her side when the shot was fired. GUN NOT LIFTED TO HER SHOULDER She stated positively that she never had the gun at her shoulder, never anstruggle with Mrs. Hoffay and sure that the gun was not loaded. She could ‘not give any theory as to the mamner in which ‘the gun waa dis- charged but said that she never touch- ed the trigger. She charged that the excitement upon finding that she had shot Mr. Hoffey caused her to forget many of the details which occurred at that moment. I WITNESSES RECALLED BY DEBENSE. Mra. James Filbin, who entered the case 48 a witness at the Tuesday ses- sion was recalled to the stand by the defersp. She said that she saw Mrs. Ackeyman about three to five inin- utes after the shooting after the worn had been brought to her hone {na gtate of collapse, “Yes I shot him, but I knew that gun was not loaded. I knew it,” were the statements attributed to Mrs. Ack- erman when she first recovered con- sciousness in Mrs. Filbin’s testimony. Mrs. Filbin also quoted Hoffay as saying: “I'll never get over this but don't lame Jessie.” On ‘cross-examination, Mrs. Filbin was asked if a Mrs, Iserman was present when,these remarks were made! - She said that she didn’t know Mrs. Iserman and couldn't remember if she were present. Mrs. Filbin testified that at the time of the shooting that she did not know Mra, Acxerman but that since that time she had been a good friend of the family, MBS. ACKERMAN SORRY, SAYS NEIGHBOR. Mrs. J. Hanson, also a neighbor, testified that she had heard Mrs. Ack- erman say she was sorry ‘and: that she didn’t think the gun,was loaded. James Filbin téstifed ttiat when re- called ‘to the stand that Jessie Acker- man fainted while beseeching him. to get ald for Hoffay and that he car- tied her to his.home and treated her until she recovered. He’ verified the statement made by his wife that Mrs, Ackerman claimed’ that the gun wasn't loaded. 4 RECESS TAKEN _ BEFORE REBUTTAL. ic \ M. W. Purcell for the defendant counsel, rested its case at 10:45. Judge c. Q. Brown called on the state to see if any rebuttal witnesses would introduced and A. E. Stirrett ro- ‘quested’ that court be adjourned for an hour until the state could completo is list of rebuttal witnesses. As no objections were filed Judge Brown ad journed court until 1:30 this after- noon when the closing chapters in the case before it is-presented to the jury will be enacted. \ With limits to be placed on the pleas of the state and defense and with the trial coming to a close on the third day it is probable that tho case will be presented to the jury be- fore evening and unless complications Grise that a verdict may be expected early this evening. EVENTS RECITED BY WIDOW OF DEAD MAN, The state's star. witness, Mrs. Ollie La Verne Hoffay, widow of the mu dered Adelbert Hoffay and an eye witness to all of the proceedings that led to the killing of her husband by a shot from a gun held in the hands of Mrs. Jessie Ackerman, went on the stand late yesterday afternoon. In response to questions asked by A. E. Stirrett, special prosecutor, Mrg. Hoffay recited the details. that Seopened on the day of the shooting p n to the actual commission of the crime. She told in detail of Mrs. Ackerman's visit to the Heffay home’ and about the friendship that tad existed between the families. Mr, Stirrett then took up step by step the details that led up to the shooting. Following is a complete re- port of the important developments brought out in direct testimony: Q. How long did she stay, Hoffay? A. She stayed until evening, until after dinner: f Q. After the evening meal, Mrs. Hoffay, I will ask you, what, if any- thing, ‘was said by Mrs. Ackerman, this defendant, with reference to semeone going home with her. A. She asked if-we were going. Q. If who was going? A. She asked if myself and Mr. Noffay were going home with her, if Wa were ready to go rather, Q. (What did you say to that? A. I told her I would go and see. Q. Did Mr. Hoffay go home with ber? 3 . A. He did not. “QQ. ‘Was Mrs. Ackerman angry at any time during that evening? Did she learmin any way that Mr. Hoffay was not going home with her? A. Bhe did. Q. “what did she say when she learned he was not going home with Her? A. She sald to him, ‘Del, you might have been man enough to have told me yourself before: dark.” Q Then what did she say? A, ‘Then she blew mad. is Q. Then what did she say? A. She got’ mad and used some Swear words. Q. What was it? A. She said, “ told me-you would go.’ Q. poche did you say? ar “What do you Mrs. ea ay es you, S$ B , Che Ca LUFF’ MRS. Py de sigs DECLARES chi ber’ be! goes or hot-/as,Sonk ae 1 02” Q. Whor did she say then? A. “I do. care,” she said. Q. What clse did she say during the conversation there that night, about that time? | A. Then right afterwards she told him he “was no man, no kind of a man, or he would go," I told her I would go, Q. Go home with her? A. Yes. CONTINUED TO CURSE HIM, WITNESS SAYS. A. I had told her I would go. Q. What else did she say? A. She jumped on Mr. Hoffay be- cause he would not go, Because he » innocent man.” let me go up there alone, he was no kind of a man. He told Mie bs he ‘was a man and she was a lady. She told him he was a ————_—. Q. Did she say anything, to refresh your recollection, about killing him? What else did Mrs. Ackerman say? A. I. don't know that T™ can’ tell every little word that she said, Q. No, but as you remember it? A. Mr. Hoffay told me to take the pe with me. , Mefedith? es Yes, I told him I did not want Meredith. I was not afraid and would be right back. He said, “I will come and come home with you.” She said, “Del Hoffay, if you step a foot on that lot T will kill.you.” I said, “You go, you told her you would go.” She told him he was no kind of a man to let me go up there alone and called him Q. How long have you known Mrs Ackerman? A. I don't know just’ exactly, the month. She was. the first woman I was introduced to when\I’came here. Q: Had you seen quitesa. tittle bit of hef before this happened?) A. Thad seen Der quite tier. times during the last three, wrecks ‘haa aecn her rather often. s Q. Did you leave the house and go home we her, with Mrs.” Ackerman? A. 2 fies did’ you g0—walle-or ride? A. No, we went in the car. Q. Did you drive straight home? A. We dia. Q. Tell thé jury when you went in the house (Ackerman’s). A. We drove up, got oufpof the car, she asked me to come ih, and I told her I would go right on back and would meet Del on the road. .I went to the door and she wanted me to come in until she got the light lit. She claimed to be afraid if it was dark. I thought she was a good friend of mine s0 I went to the door with her. I waited until she lit the’ light and she. said “Sit down.” I did. She had the key in her pocket. MRS, ACKERMAN LOCKED THE DOOR. Q. What did she do if anything with, the door? When you went in? A. She shut the door and turned tho key. - Q. ‘What ‘door did you go in? A. The side’door. Supposed to ba also a kitchen door. Q. Where the pat later oc curred? A. It did. Q. What did she say to you? A. She said, “Take off your. things.” I said I wouldn't and she said “You sit down in the seat and wait until Del comes.” I sat down Q. Do you remember when Mr Hoffay came to the place? A. Very distinctly. Q. How, long had you been tliere, Mrs. Noffay? A. I don't know exactly how Ing I had been there.. Maybe for just a minute I don’t’ know. Every minute seomed ike an hour to me. It may have been five minutes, ten minutes, or might have been longer. Q. What door did Mr. Hoffay come to when he came to the house? ‘The same door, Who was with him? Meredith? ' ; Yes, Meredith. ‘Was the back door or side door locked when Hoffay came? A. It was. ererer Q. Who unlocked tt? A. She ai4—Mrs. Ackerman. Q. Who went to the door?, A. Mrs, Ackerman. @, What did you do? I followed right behind her. a. Did you hear the conversation between Mr. Hoffay and Mrs, Ack- erman at the door, before the shoot- ing occurred? A. I did, I was right door. Q. I wish you would relate the conversation as near as you remem- ‘ber it. near the ACKERMAN INVITED IN ON ARRIVAL A. ‘That is what I will have to do. They rapped on the.door. Shi went to the door and said ‘Dell com¢ in." She opened the ‘door first, of course, and said, “Come in, Dell.” Hq said, “No, I.am not coming in; ask Ollie if she is ready to come home.” She said, “Don’t you think you ‘havé showed off enough for one day?” He said, “I have not shown off."” @Q. Go ahead and tell what next was said, aw near as you remember it, ‘A. He told her she was no part of 2 women or she would not have talk as she did at the house, and she tol him thgt he had acted just like 5 —unprfntable}—and he was no gen tleman. He told her that he was adj much as gentleman as she was a tap She says, “Dell Hoffay, you get my steps.” He stepped off or started] ¢ to step off, when she said, “Don't you never come to my house again.” She ran-and got the gun, and when she came out I called to her, “Jessie, don’t do that.” She said, will.” And just as she said thet snd shot him. + Q/ Did you go outside, Mrs. Hott Ree cee fay? A. T did. Q. T wish you would go right on with the story. What you saw and heard, WOMAN TERRORIZED FOLLOWING SHOOTING A. She turned around and ran right over to me and put one hand on my back: and one on my shoulder and said, “My God, Ollie, I have killed an She dropped on her knees in front of him and said, “Dell, forgive: me before you die.."" “I ran next door for help.. There were sey- eral people on the porch when I got there. I. couldn't. speak, I got. one man by the bib of his overalls and got him to go with. me, He asked me what had happened, and-when I°got She lay down by me, put her on my face and said, “My God, Ollie, I have killed an innocent man.” Q.’ What did she do. . A. She put her arms around my neck. Q. You have» known ‘Mrs. Acker- man for some time, have you not? A.. Yes. in, Casper. Q. Wes she angry this particular night? A. She was. 4 Q. . Have you ever seenuher before? A. I “have, yes. HOFFAY THREATENED TWICE. SAYS WIDOW Q. Do you .know Scare snd she rr! fits of temper? 7% ‘, Q. How many tines befare the shot was fired did you ;hear her say that she would kill him. A. I just heard her say it twice— twice. Q.. You heard her say it twice? A. You mean before she shot? Q. Yes, that night. A. Q. The first time, if I understood you to speak distinctly, was at your house, when she seid, “Del, if you ever step your foot on that lotyI will kill you.” When was the next time? A. Just immediately before she kifled him. “Just as quick as she could get the gun. Q. You had been to the house where the Ackerpian’s were living before that night, had you? ‘A, 1 had. Q Had’ you ever seen a gun there before? A. I did. Q. Do you know whether or not this is ‘the gun. “A. I would say it was. °Q ‘Where didshe “keep it’in the house? A. At the time I saw it it was in the ‘bedroom. Q. Do you know where she got it that night? A. She ‘got it out of the bedroom. @. Did you see it that night? A. I did. 1@ What did she say about it? <> Q. She said that was her man- pans * Q. What else did: she say about it? KEPT GUN LOADED, MRS..ACKERMAN SAID I. .asked. her if it. was loaded, and’she said, “Tf ‘sure is, and’T Kéep | it loaded.” Q. Mrs. Hoffay, how long did you hold your husband in your lap that night after he was'shot, do you know? A. Well, ‘that wis a mighty long ‘and trying hour, I don't know as to the time. I don't know how long it ‘was. Q. Do’you remember what Mr. Hoffay said after that? A. I do. @. Will you tell the jury what that was, while you were holding him? A. I picked him up and laid his head on my lap and I asked him what @octor he wanted and he said “Dr. Myre.” He reached up and took hold of my head. Q. Did you go to the hospital with him Mrs. Hoffay? A. I did—No, I didn’t go with him. I went directly afterwards, Q. Followed him to the hospital? A. Yes. Q And when did Mr. Hoffay die? .A. A few mintites after I got there, I was there quite a, while before they let us go up to where he was. Q. About what time in the eve- ning was it when you went up to where he was in the hospital, 9. you. remember? A. It must have been seat 9 o'clock, nearly 10 o'clock. Q. What time did Mr. Hoffay die? A. Around 10:30. Q. Mrs. Hoffay, did Mr. Hoffay stay at/ the Private hospital—was it the Casper Private hospital. A. He did. Q. In Casper? A. Yes. After hearing Mrs. Hoffay’s testi- }mony and cross-examination,.. Dr. Lathrop was called. After his techn!: cal statements the state rested its case. 2 DELAYED STATEMENT. ‘When tho state rested its case the defense opened with @, statement by Attornev- M. W. Purcell. | His. state- ment is reported in part heres) May it please the court and gentle- men of the jury. The state has closed its cage. It is now incumbent upon ni<,\ represert- ing the defendant in my humble ca- pacity to outline to you the. defense that this defendant has of the crime against her. ‘And, gentlemen of the jury, the evi- dence in this case will show to you that this defendant and her husband and Mrs. Hoffay and her husband have been warm personal friends from the time they first became acquainted cet OUT YOUR RABBIT FOOT SEVEN YEARS BAD LUCK SS COMING | Ever: since I have been |: ‘until the time of this tragedy. They visited back and forth at one another's home, and probably each of the couples were more intimate with the other couple than with any other parties in° town, and that on the day that the tragedy occurred, Mrs. Acker- man was exchanging a visit which had heretofore been made Mrs. Hoffay at her home. She had taken out—the sight before: that ‘they “had just recently moved, that is, the Ackermans, to the place they occupied when this tragedy oc- : that they had been there Maybe 'ess than a week, and ‘hadn't gotten quite straightened around yet. ‘The night before Mr. and M- 1. Acker- man “were sitting on the porch and visited there quite a while before Mr. Ackerman had come in that morning and was waiting for the call boy to come and call. That prior to this time there had been a good deal of talk about hold@ips around in the neighborhood, and Mr, Ackerman had cautioned Mrs. Ackerman that then he ‘was away to always keep this gun loaded, and she was in the habit wheneyer he was away of having kept the gun loaded at the head of her bed in the absence of her husband when she was alone, and jn the morning she would aways take the cartridges out of the gun. We will show that. when Mrs. Hoffay was visiting the de- fendant's house the tragedy occurred in, just a few days before, her little boy, Meredith, had gone to handle the gun. Mrs, Hoffay chided him for it and Mrs. Ackerman spoke up and says, ‘Never mind, Ollie, I never leave that gun loaded in the day time, I always take the charge out.” That night preceding her and her husband waited for the call boy to come, about 8:30 o'clock ‘at night, to be called out, the rules of the road being that ‘they be called out & couple of hours ahead of the time. The call didn’t come ‘and they made up thir minds. to go to bed, and they did go to bed, and had} been in bed some little time when the call boy came at 9:30 or 10 o'clock and called Mr. Hoffay to go, that he got up and left his wife in bed, dressed himself and, went out to the railroad and took his run out to Bonneville that night, that before going away his wife still being in bed asleep, he had loaded this gun, without the knowledge of his wife, his wife had taken the carttidges out that morning. He didn’t inform her, ‘she being asleep, that. it was loaded. She got up next morning and paid no -atten- tion ‘to it, not thinking ‘the gun: was || loaded. STAYED’ TO DINNER vd UNDER PROTEST. She. had..went .to Mrs.:,Hoffay: house. that~ afternoon to visit Mrs. Hoffay. That they insisted upon her staying until after supper time. She told them that ’she didn't like to stay Until supper that she was living in a strange neighborhood and didn’t want to gu in the house alone after dark. ‘They had said, “All right, stay until |after. supper..and we will, go down with you.” It seems there was some little al- tercation between Mr. and Mrs. Hof- fay, I don’t know whether there was words between them, they were sep- arated for some time and came back and Mr. Hoffay made the ‘statement after it got dark and said that he wouldn’t go with Mrs.” Ackerman. Mrs. Hoffay and Mrs. Ackerman went into the bedroom and talked a little while and Mrs. Hoffay said to Mrs. Ackerman, “Never mind, Jessie, I will go home with you.” INSISTED ON GOING HOME’ ALONE. Mrs. Ackerman says, “No, you are not seine with me. I can go in that car better than you can and walk back alone.” She says, ‘Never mind, Iwill go with you and stay all night.” And they went to the car, Mrs. Acker- man. saying to Mrs. Hoffay something about he being no man or he would got her to stay until after dark and afterwards. She might have used curse-words. I think if she did she will tell you. She said he was no kind of @ man, a hell of a way to treat a ‘woman, T have forgotten the expres- sion. Whatever it was she will tell you .on the witness stand. Mrs: Hoffay, when’ she got down to the car, Mrs, Ackerman still insisting that she not go, there was never a word said about Mrs, Ackerman killing Hoffay if he came on the lot or anything of that kind. erman was rather hurt because they go her to stay until after dark and then’ wouldn’t go home with Mrs. It is true that Mrs, Ack-| Ackerman. Mrs. Ackerman says it ‘wasn't right for Mrs. Hoffay to go and she said I will light the lamp and bring you back, and Mrs. Hoffay said “No.” After they started to go Mr, Hoffay seid “Wait a minute and “y I will go.” Mrs. Ackerman says, don’t have’ to wait for any mi And ‘they left then and got to the Ackerman home and there was no bad feeling or any’animosity of any! kind. ‘They went into the house, Mrs. Acker- man lighting thé lamp setting on a table in the living-room, ‘at @ point where I will say their stove is located at this time and her lamp:set on the table, they didn’t have electric lights in at that time. She went over and pulled down the shades after light- ing the lamp. We will show you the shade on the middie window to the right of the door leading out on the side was pulled down that night. MRS. ACKERMAN WAS HOSPITABLE, REPORT. 7 They sat there a few minutes, I don’t know how long, probably a short time before a rap came at the door, that Mrs. Ackerman went to the door, opened it and said, “Come on in, Del."’ he said, ‘No, I will not come in” She said to him, “What's the use of acting like a pair-of: kids this way, come on in.” He said, “No, I will never step into your house, tell Ollie to get ready and come on home," and then Mrs. Hoffay spoke up and said, “Now, don't talk that way, Del, Jessie is one of the best friends I have got.” He says, “I am not going to come in the house, she is always causing trouble between me and my family.” Mrs. Ackerman sald, “You can't talk to me that way, you know I never caused trouble be- tween you ahd your family.” She says, “You will have to get off the lot after talking that way.” He was standing on the cement slab, and the boy was on the slab. Sho says, “You Will have to get off of my lot.” He says, “Who iz going to put me off?” And then Mrs. Ackerman turned and got the gun, not with any intention of shooting, realizing that the gun was not loaded, in her own hand. . She went and got the gun. We will show you she held it in this position. We will show you she was raised on a ranch in Hat Springs county, and zode horseback and has been on ranches hunting with her brother and her husband and knows how to use a gun. We will show you that she brought this gun out in her hands in this po- ‘sition’ (indicating) and she did poke it at him like that. We will show you she never did have her hand on the trigger and poked it at him thinking she would bring the gun out and bluff him away. We will show you that she didn't hold it in any position that Would! indicate that’ sho intended’ to shoot or kill with it, merely to poke it in that way. GUN CAUGHT ON JAMB OF DOOR, IS DEFENSE. ‘The court has allowed you gentle- ment to go up and view the premises. You haye seen the narrow door lead- ing out to where the cement slab was. You have seen the cement slab right outside that door. We will show you she was standing right outside that door, ,poking the man on the outside. We will’ show ‘you it caught on the jambq.9t~: logr nid) pitied it: back far enough to discharge ‘the bullet. ‘We will show you she never intended shooting and it was discharged, it fell apart, just as Meredith said. We will show you that the minute the shotgun went off she way tho first one to rush over and say, “My God, I have shot an innocent m:n,” and wweach down and ask him>\to forgive her. Turning to Mrs, Hoffay said, “For God's sake, Ollie, get a doctor here, get something quick.” We will show you she continued to say she didn't. know the gun was loaded, hafin't any idea; went front there ont- side and met some neighbors and con- tinued to say she didn’t know the gun Iwas loaded. We will show you that she poked him two or three times in the ribs, will show you that the doctor said there were two or three abra- sions and Meredith said she poked him two or three times the gun went off. .We'will show you there was no malicious intent of any kind in the matter. The most surprised person in the world when the gun went off was.the woman who had the gun in her hand at that time and shot then. Gentlemen of the jury, we will ask you to return a verdict of not guilty. ‘There were one or two other mat- ters-we will introduce in evidence, and that there was another eye witness besides the two that were thero that night ané testified here hesides Mrs. Ackerman, and we will show you that Mrs. Hoffay ran out @s she said she ran out, but we will show you that a moment after this accident oc- curred, we will show you that she ran out to the front of the house and met a man there and said, ‘“My husband has been shot, but remember, it wns erly an accident.” show she not. only said it to this man, but said it to a lady next door sho met almost in the same position im- mediately ‘after it occurred. We will show you that Adelbert Hoffay, lying there after he had been shot, said to sper Daily Cribune pe the neighbor next door, “I know I am going to die, I know this {s going to kill tho, I can't get well, but don't biame Jessie, she didn’t intend to shoot me..”" He is the man we will bring here most interested at that ume. We will show you he made that statement, and having shown those things, as I said before, will ex- pect a verdict of “not guilty” at:your hands, HUSBAND (¥ -ACCUSED, WOMAN TAKKs 5rAND. Ralph W. Ackerman, a conductor on the Burlington and husband of the defendant, was summoned to the stand as the first’ defense witness with a view to establishing a base that the shooting was accidental. His testi- mony in the main, including both di- rect and cross-examination, are given herewith from court records, Q, State to the jury, Mr. Acker- man, whether your work was all day work ‘or -whether| it was part night work? A. It ‘was nearly all night work. Once in a while I would get a da: Ught trip, but very seldom. Q. During your absence was there anybody in company witM your wife at home? A.” Just neighbors is all would drop in, that was. all. She was at home alone when I checked out. Q I hand you Exhibit A-A, and ask you to look at that. Whose gun is that? A. It belongs to me. Q. How long have you had that gun? ‘A. Somewhere close to two years and a half, two years. Q. I will ask you if that gun was in your home when you moved down on South Fenway? A. ..It was. Q. Were you home on the sixth day of October, 1920, A. I was not. Q. Had you gone ent? A. I left town at 11:25 the night of the fifth. Q. The night of October 5th? A. Yes, LOADED WEAPON BEFORE LEAVING: Q. Was this gun in the hotise that night? A. It was, Q. Mr, Ackerman, prior to ‘going out that night, did you see that gun? A. T dia. Q. Did you handle it? A. I did. Q. .What did you do with it? A. ‘Loaded it. Q. Was it unloaded when you picked it up? A. It was, Q. Was your wife awake or asleep at that time? A. Well, she was . drowsy, you might say she was asléep. Q. Did you inform her you had loaded the gun? A. I did nat, Q. Handing you. again? Plaintift'd Exhibit A-A, I sill ask you if you}, are familiar -with ;the,,mechanism of that gun? A. Tam, Q. Have you used it frequently? A. 1 have. LACCIDENTAL DISCHARGE HELD POSSIBLE. Q. State whether or not from your use of it you can tell the jury whether or not any thing striking against the hammer of that gun in the pusition it was in would throw it back. far enough to strike the sactridge and ex: plode it? ‘A. How, 89, yo past, me ps that? *y Buk: Q. By any way ‘that you may have. A. On the door? Q. Anything. (Witness indicates, gun in hand, standing by door 6» courtroom.) A. Anybody ‘standing in this posi- tton with the gtn’ with it anything like that might shoot it off.very easily. Q. Was your wife accustomed ‘to the handling of guns? A. .She is. Q. Where did you first meet sour wife, Mr. Ackerman? A. I met her at Boysen Dam ona camping? trip. Q. Where’ was ‘she Mving at this time, on a ranch or in town? A. She was living on « ranch ngar ‘Thermopolis. Q. Have you frequently had her|is out on hunting trips with you? A. I have, that | eradicated. We will] %n —GONVG ; 5 SONVG ONVG SONOS ANAVIA OIL NACHVD: YaLNIM TONVG quod F AGNVTAVA j Every Good x MERICAN Will Be at The AMERICAN DANCE} RIDAY { NITE ScnegpesS Ladies “Challenge” Orchestra Tickets A “Buck” and a “Dime” EGION WINTER GARDEN Free oA Q. She understands the uso of a gun? A. She does, as good as I do. CROSS-EXAMINATION. By Mr. Stirrett: You say you are familiar with this gun, Mr. Ackerman? A. Lam. Q. You loaded ft the night before you went out? A. Yes. Q How did you leave the hammer of that gun? A. “Half cdcked, just as it stands now. Q. Will that gun go down from a blow on that hammer here? A. It will. Q. Go clear down? A. It will. Q. Let's see it? A. When this is hit and goes back far enough it will go clear down. PROSECUTION HAS TO BE “SHOWN.” Q. Let's see you do it. A. .It won't go clear in there now Q. Let's see you do it, anyway. A. Doesn't that go far enough to hit that plunger? Q. Do you mean to say {t will go down far enough to discharge a cart- $ “It will, A Q. Did you ever see it with this gun? A. No: Q. Isn't it @ faet that no blow on the hammer of that gun, pulling it back or this way will make it go be- yond half cocked? A. -You mean coming this way? Q. Any way, without pulling the trigger. Q. Unless you break @ spring or something, which might be. It isn't broke now? A. No, it is not. Q, Do you think a uy could be discharged in this way by & blow on the hammer? A. I do. Q. Tell the jury why: you think. s0?} A. My experience with other guns. Q. Did you: ever have, it’ happen with this gun? A. No. Q. Did you ever have it happen with a 20-gauge, single shotgun’? A. No, but with other guns. Q.. Is it not true in ordinary make guns when this hammer comes back here far envugh to release itself and go back, it goes all the way,.and does not stop on half cock? 2 A. When it comes all the way. Q. Yes, far enough to release itself all. below here? ¥es, it: will, s+Q. All the guns? A. You said any way if it comes back here far enough. Q. Without pulling the trigger? + A. You didn’t say that. » A. And it is a fact, Mr. Acker: man, that :you have got to pull. the ttigger to discharge it? » A. No, sir, it Js mot. ©Q. You don’t mean to say in going into half cock, this hammer ever hits that pin that discharges the cartridge| in this gun? A: Yes, sir, this plunger. Q. . You mean, to say it-is physically possible? Ac Yes. Q. And this night you left this gun that way, did you? A. Yes, Dlgft it that way, I always leave the gun half cocked. You always’ do? A. I always intend to. .Q. Did you that night? A. I am certain — did. Q. When did you learn you left it half cocked that night? A. ‘That morning I learned of the accident. fay’s that day after the death of Adelbert Hoffay? A. I did that day. Q. Who was present? A. Her sister and one or two others, I don't know. Q. Did you have @ conversation with Mrs. Ollie Hoffay about what happened the night before? A. I talked to her that day about it. Q.. I will a5 you if you didn’t abl Mrs. Hoffaft’ what happened? A._I did, because she was the first one I had seen, Q. You” heard her court today? A. I did. MRS. HOFFAY DIDN'T GIVE HIM DETAILS, Q. I will ask you if she didn’t tell you if at that time she didn't tell you it happened exactly as she has testi fied today? testimony in A. She didn’t tell me Q. Didn't she tell you about how it happened? A. No. Q. I will ask you if at that time you didn't say to her, in substance, “How did it happen?"and if she didn’t then tell you just how it happened as she has told today on the witness stand? A. T asked her how it happened, she didn't tell me how it happened. Q. Did not Mrs. Hoffay say she had done a lot for Jessie? A. She did. Q. Didn't you say, “I knew some- thing would happen, it is her beastly temper?" A. I did not, Q. You say your wife is familiar with firearms? A. She is. Q. Used firearms a great deal? A. Not great deal, hunting with me and using guns. Q. Didn't she ever talk about shoot+ ing anybody? A. No. Q. /You lived in North Burlington before this happened? A. Yes. Q. Did you know Mrs. Waygood over there? A. I did. Q. Did she have some trouble with her? Q. I will ask you if you. didn't hear your wife state on more than one occasion, if she didn't state she was sorry she didn't kill Mrs. Waygood? (Objections sustained.) eek MURDER CONFESSED. LOS ANGELES, Cal., March 16.— Sam Purpera, 17, confessed to two Cleveland, Ohio, officers here today, they said, that he had murdered George K. Fanner and Wilfred G. Sly, both officials of the W: W. Sly Manu- facturing company, in Cleveland De- cember 31 last. Purpera was arrested, here March 1 What About Your Door Screens? Get them now before} therush. All kinds of; repair and cabinet work Wm. M. Harris Builder Q. When did you tell anyone? A. I told a lawyer the morning I got here. Q. Did _you go to Mrs. Ollie Hof- Phone 740; : : : H 3 ATTENTION, ELKS There Will Be a) Session of ae Lodge ” Friday Evening; March 18; at “ ODD FELLOWS’ HALL Initiation and Entertainment : i }. H 3 i By Order of E. R. ROBT. COHEN, Secretary, AUILLER Duff Building RICHELIN VULCANIZING * R. M. Mosher PHONE 309 IRES UBES ee ee 238 E. Midwest Ave. } :