Omaha Daily Bee Newspaper, March 16, 1887, Page 8

Apparent Avenues of Escape For John Lauer, the Witness. HE TRIES TO USE THEM BOTH, But 1s Quite KEffectually * Headed Off"—Cowin's Rigid Cross tixam- ination—Lauer Denounces Mrs. Bell as a Perjurer, The Lauer Trial It was nearly a quarter of 10 o'clock when Judge Neville opened court yester- day morning. Lauer was already sitting in s usual place by his counsel. Miss Lauer occupied a seat directly back of Jyage Savage. The crowd in the lobby outside the railing was larger than on any morning previous. Muny were standing up. John Lauer, the defendant, was the first witness, and was immediately sub- Jeeted to tl xamination of Gen- eral Cowin. His answers were mude ina low tone, and General Co frequently had to suggest to him to speak up. THE CROSS-EXAMINATION, “Was your engagement broken off at that time?’ asked General Cowin, [Objected to as an improper cross-ex- amination and not concerning any other matter drawn out in chief, and calling for evidence tending to make out the case of the prosecution in chief. Overruled. Defendant excepts.] “I did not consider it so at that time.” *'Did she ask you t it be broken off before the marriage.” Objected to all questions upon cross- examination, calling or asking for te: mony concerning transactions be the defendant and his deceas nrou any other time, or at an place than the oc ns to which he has testified on his examination in chief, for the reason that the same is an improper cross-examination, and is a part of an ef- fort by the progecution to secure from this witness for the defense, testimony tending to support its case in chicf, and for the further reason that all such testi- niony, showing previous trouble between the defendent and his deceased wife is too remote, irrelevant and immaterial, Uyerruled. Defendant excepts. The defendant asks that this objection be considered as interposed to each question calling for this class of testi- , mony and an exception. The court—*"I will say to counsel that where matters are to be objected to I would like to have it objected to when the question is put; as I might be misled in considering the question carefully.” Lauer then answered: *No, sir,” "",Shs didn’t say anything to you about “‘No, sir; it be Dt ah hi *Didn’t she say anything to you breaking it ofty’” Z “No, 8ir.” “Didn’t she say it had better be broken off?’’ *No, sir.” “You were with respect to her a_rather jealous disposition, were you not?” [Objected the same as last atoresaid; overruled, defendant excepts.] 1 think it is likely that at that time and possibly a little later that my feel- ings tended that way.” “And sometimes youn nani at her, did you not?" “I became angry at times.”’ “You were very quick to get angry with respect to her, were you not?” “I do not know that 1 am any quicker to anger on those oceasions than I would | be on any other where that feeling would be brought forth." “Were you not quicker to anger against our wife, or against Sallie Lauer or Sal- ie Go«lec\:iuu. before your marriage?” “Well, I was.” “‘And sometimes used rather hard lan- guage towards her, did you not?™ THE TORN DRESS, "":l‘hnt is the only reason that I know of she did not ask that about got very indig- 'After you were married [ believe you went up to the Dougherty house to live, did you not?" How long did you live there?®" *‘About four months; possibly three.” “It was all pleasant during all the time that you lived there?” “There was some difficulty.’" “Do you remember one time when ur wife came in wearing a Mother ubbard there at the Dougherty house?” wife did wear a Mother Hubbard.” o d you tuke it off from her one day?" 0, 8 “pid you tear it off frcm her?" *'No, sir, “Did you tear the dress?” “1 did.” “Did you strike her?" *No, sir.” 'Did not abuse her?” HE DIDN'T ACCUSE HER. “I dou’t know as to tho harsh lan- gunge; I know there were sometimes worfln lae:weun us and m:y were not confined to one person, they were on both siaes. Lo oY *You accused her before marriage of hl&‘lntimuw with some one, did you no ou" ey id h t ou never said anything of the kind#" Y L “I never accused my wife either before or after marriage of any nfidelity, of Y, unchaste conduct of any kind.” 'You stated to her just before marri- ufie did you not, thatshe was intimate with somebody " “I did not." “‘You had no such conver: with Mrs. Goetschius?” RGN hing of th nything about anything of that ohlrnewrv'F it “Not a word.” *‘She didn’t say to you, ‘Is that what I ve you my child for to accuse her in 1on as that at way?' “1 am positive that she did not use that hnf\mgu at all.” *‘Did she say to you, ‘Don’t you think Sallie is a virtuous girl? *'She did not.” : THE SEPARATION. “Did she say to you I would rather sce child in a coftin than to put on the *‘At the time that you separated and ‘went away from her, 1 believe."” “1 did."” *‘After thut separation how long was it before you went away?" **About ten months. " 'After the separation? 'After the mnrrla*e." “How long after the separation before went away?" eft there; I think 1t was #bout three days.” “You left then on account of a little ex- fih&enl about the ditliculty, did you “No, sir, I did not leave on account of Abe excitement,’ - “Oron account of the comments that . made on sccount of your conduct? 3 wnolhlng of that kind?'"’ & “No, sir.”” wen “1did.” “You saw the accounts in the paper ity : A PARTIAL ADMISSION. "J;.:,’,',"J,;L-‘ n‘ay au unkind word to 8ot} don' recoliect of auy unkind word" T, knew there were such com. “You just got out of bed and took the dress and tore it?" “1 objected to the style of dress at that t 1dida't like it.” hat was the only occasion that brought the action®” ““I'hat was the moti “Aud you didn't to her? “I don’t recollect; I may have, but‘l t of any."” t strike her?” o an unkind word » fact is, you never struck her in your li tid you?"" I eannot say that 1 have not.” “You couldn’t say that you everstru ck her in you life*” “Lcan't say that I have not.'" “You can't say that you have not#" “No, sir.” “Did you leave her that morning you tore up the Mother Hubbard dress cry- ing?" My impression is that T did not."” “Did sh ery that morning?" ] wasn't present to see.” “Did you see her erying that morning ¢ “ did not sce her erying that morn- ing.” “Did you strike her with a pistol?” 1 did not." “Do you remember one day that she had a bruise neross her nose "’ “No, sir; I don’t recollect of that.” recollection of anything like “What did you strike her with?"” Mr. Savage=*"I will call the attention of the court to remark of the stal torney in regard to delaying the examination in order to give the witness time to answer and wish to take an exception on jt.” Mr. Cowin--"If the shoe fits you it and wear it. It didn’t make a ing or embrasure across the bridge nose, did ity o, sir.” “You mever saw her then at the D ougherty house with her nose injured with the ‘skin broken and swollen or k and blue on cither side?” Not on the nose.” “What did you slap her for?" “We had had company that evening— a gentleman and his wife, and two or three other gentlemen [ think were present, and 1 got angry at some lttle amiliarity that T thought at the tim not proper; I felt angered at some little amiliarity; it wasn’t anything serious; it was pertectly proper, looking at it afterwards.” “Was it after they wentaway?" “Yes, sir.” ‘“That you blackened her eye?” “It wasn't blackencd the next day. It was discolored slightly, possibly u day or two afterwards.” HER BLACK EYE. “Do you remember her there during that time with two black eyes?’” **No, sir.” “Did you take her out riding with a veil over her face and keep her out up till evening so people wouldn’t see her at the house?™ *1 did not."” “Will you swear that you didn’t?"’ 1 will,” “You didn't take her out riding with a veil over her face so anyone wouldn't see her black eyest” **No, sir.” “Did you haye a revolver at this mite?’ 1 o1 did,’ “Where did you keep it?" “1 kept it under my pillow at night,” “‘Did you strike her with it?"’ “I never did.” “‘Did you strike her across the oridge of the nose and say, ‘Damn you, I wish [ had killed you?' " k *'No, sir; I did not.” “Do you know that your wife told Mrs, ller about thaty” “I did not.” *Do you know that she told her mother about that?”’ THE REVOLVER EPISODE, “I do not.” ‘Never heard of that?" “I do know it now.” “You don’t know that there was an ac- count of it 1n the paper?” *'1 do not.” 'Never heard of it beforo?” “I haye heard it before; I haye heard it in my case.” “You never heard it until you heard the evidence in this ca *That i? l.h,l.' tirst I he A of it.” Iy her with a pistol?” SIT, “Never heard it rumored at the time of the separation?"” “f didn't,™" “Did you have a great many friends visit you?" “My wife’s friends used to come there occasionally.” “Did you have Mr. Williams there at thanks giving dinner?” “‘Not that I remember.” “You don’t recollect that you did#” o, sir.” “Did you have him there at any thanks giving dinner?” “Not that I know at present. Mr. ‘Williams has called at the house.” “Do you remember after dinner of hitchin5 up and taking him home?” *‘No. “‘Do you remember of sitting down on the lounge and your wife sitting between Mr. Williams and yourself?'" “Ican’t say that I recollect that.” *‘And yougot up and hitched your horse and took Mr. Williams home.” Do you remember that?" “I do not.” “*And then coming back and_abusing your wite for having talked to Mr. Wil- iams?” “I don't recollect that,” “‘And struck her?” “No. sir.” “‘Nothing of that kind took place®” *‘No, sir.” *‘It was not all pleasant between ‘you theny" SAYS SHE STRUCK HIM. “It was not all entirely pleasant be- tween us.” “*Yon used to quarrel with her some times at the table, didn't you?™ “We did use to, some.’" ‘‘It was confined to either one in par- ticulary” *I think 1t was on the part of both." “She was as bad as you were as far as that is concerned?” “[ couldn't sny that it was as bad; I have no complaint to make against my wife." *She never used to strike you?" [Mr. Savage—That is going a little too far; answer it, though]. “Well | don’t care about answering that question, I am taking care of my- self and not making any complamnt against my wife.'’ ‘er. Savage—Answer it.] ‘I want to know whether she used to strike you?” reported General Cowin, **She has struck me."” “‘You would have regular fights, would you not#'’ *‘No [ don't think we had any regalar fights,” “What did she strike you with$" **She would strike me with her open hand, That is a(l.” A SWEEPING DENIAL. “Da you remember one morning when you sat down to breakfast and knocking your wife off the chair?" *No, sir; that never occurrea.” “‘And after you knocked her off the chair you asked her to out breakfast and she would not»" No, sir.” And you threw her on the floor and tricd to' punch the beef down her throat?" “"ll')l‘;n\l is lll‘olso."l S ‘Do you kuow that she told that to Mrs. l'f P, Hert" . ¥ ; sLdon't,” Notning of the kiud took place what- everi” . 5 THE OMAHA DAILY BEE: WED ‘ESDAY,‘ MARCH. 16, 1887, “It did not." “Do you remember the first Christmas in ti\at houser™ “Ido.' A CHRISTMAS DAY, “Did you strike her at the table at breakfast that morning " ‘ “'h_p, sir; we didn't have any break- ast, *‘What was the matter?'’ I don'tknow what the matter was; I have never found out what the matter was. '’ “Your wife didn’t say anything to you whyvshcxlillu't get breakfast?” “She didn’t say anything that I recol- lect that morning at ‘all.” "\'!‘u- never spoke to you that morn- Not that I know of.” ‘You didn't speak to her?" 1 did speak to her that I know of.” “What did you say to her?"” ‘I wished her a *Merry Christmas’ the t thing in the morning." “What did she say?" ‘‘Nothing." Lauer then went on to tell of the time when he thre i turkey at his wife. thrown it at her but said it did not strike her. He afterwards took it up and threw it into the str ‘Do you remember one evening that you commenced beating her and she into the bed room and shut the door tore the wire screen out of the bay win- dow in the bed room and ran for her mother’s? And you went after her and (I':lul_:hl. her down nearly at her mother's louge?’ not <he get out out of that window this wire sereen getting out?'’ *'No, sir, she did not,” did not jump out of that bay window?'"’ “No, sir." “You knew that she told that, did not you?" “No, sir.” “Did you not stop her several times going down towards her mother’sin the night, and persuade her to come back?” ¥No, sir.” “Wlien &he went back to you <he said she would go back and live with you if she knew that you would kill her, aid not she?” “Notthat I ever heard.” “Did not Dr. Coffman say to you, she says that'she will go back and live with you even 1f you kill her?™” “The doctor may be honest in his im- pression, but he did not say that to me.” HER GENTLEMEN FRIENDS. you remember after your sister being over to Mrs. Savage's one day when your sister was th and Mr. Havens was commg, and you said, ily, there comes vour friend?’” I do not recollect of it."” “And you said he 1s no gentlemen?” ‘1 do not recollect of it.” “*And she said he is a gentleman and a friend of mine?"” That is beyond my recollection.” “And you said, ‘Well, you had better get him, and send for Mr. Crowell, too?’ " am positive now.”’ 'hat you did not say so?" *“Then did she say to you, ‘I wili speak to any gentleman when I please,and if you do not like it there is the door?’ ” ‘1 do not recollect of any conversation of that kind.” THE EXAMINATION IN CHIEF, Shortly before eleven o’clock Lauer was closely examined upon the subject of the first burglary. He was forced to an admission that on that occasion he did sec the head of the burglar distinetly, though the only light i the room was such as was thrown by a street lamp, 150 feet distant, “‘What kind of a night was it outside?"” asked General Cowin, “It was dark and drizzling.’” “And you saw the burglurs head and the slouch hat?” ‘““Yes, ' replied Lauer, shifting uncasily, “1 saw something of the sort.” 2 FOR 0 “\'olu were the very essence of kind- ness?’ I haye never claimed that at that par- ticular time; I* do cluim it for a later time."” *You got home about 2 o'clock Christ- mas day; where was your wife when you wentin?” “'She bed.” “Crying?"’ **No, sir.” “Did you speak to her?" “Ldon’t think L did; 1 know I didn't.” “Where did you go?'’ ‘I went and laid down on the sofa.” “How long did you lie down on the sofa?” **Until abe **She re! noon?” “'She did.” “‘Did you throw the colfee pot on her while she was iathe bed?” “No, sir.” “And fill grounds:’ *‘No, sir.” Did you strike her?” “No, sir.”” “You didn't touch hert" *No, sir; I didn’t strike her.” *‘You didn’t touch her?” “I couldn’t say that [ did after I got up out of bed that morning.” “Before you got out of bed. Did you strike her before you got out of bed '’ “No, sir."” MORE ABOUT THE TURKEY. *Did you go and get a turkey and come in and pound her with a turkey?” s in the bed room lying on the t bed time,” ined on the bed all the after- her hair with coffee , Sir.” “Nothing of the kind¥" “No, sir.” “There was no difliculty between you after thatr)’ **No, sir.” “So that the Christmas passed off ex- actly as you have described it now.” I have not described it.” “Was there anything else took place than the fact that you got up in the morning and she wouldn't speak to you, you went off without your breakfast, that you came back at 2 o'clock and found her in bed, that you thercupon let her alone and went to the sofu and lad down till 8 o'clock; was there anything else took place in the house?” “Yes, sir.”” “What was it?" “In the morning 1 told my wife that I didn’t think that was the proper way to start in Christmas, and she wouldn't “say anything to me, I asked her what was the matter; 1 had told her betore Christ- mas—I don't think that this is in connec- tion with 1t at all.” “‘State what took place there®" “T says, ‘well Sallie, I told you Lefore that we would not make each other any presents, I don't know whether you are angry whether we have made no presents or not; we have built the house, that has strained me consider- able to do that.’ Itold her that I didn't think that that was the right way to start in Christmas; she didn't say any- think to it, I asked her if she would get breakfast; she didn't say anything: I didn’t care about making breakfast my- self and eating it alone. My wife had got up and she was sitting in the room by the base burner, and the turkey was lay- ing there that we had got the day before. I'says, ‘Well, if we don’t have any break- fast Idon'tsunpose we want this turkey.’ 1 threw the turkey in the other room.” “Where did you throw ity There by the stove, where she was i"‘f’" here did the turkey go, where did it It lay on the floor.” *Didn’t you take that turke; purpose to bury it after you hui' Yyour wife in the bed with ity ‘“No, sir."” . s ‘Didn't you throw it in the street?’ ©8, Sir. -“Waat streett” out on pounded “Douglas street, I proposed to my wife —-we were lnughing about it the next evening; I said what will we do with this: it isn't fit to eat, there has been no care taken of it; my wife said 1 hate to throw it away; take it out in the street and lay it down somewheres, maybe somebody will pick it up, thinking it 1s a turkey out of a grocery wagon; I took it down'the hall and threw it in the street. We were both all right the next morn ing." THE SEAMSTRESS. “Didn’t your wife say to you next morning, ‘you had better stop t ing woman that is going to con to-day, I don't want her to sce pounded up like this'y” *No, sir.”! : “Didn’t you go down and sce Miss Brennen who wus eoming up 1o sew and tell her your wife was sick? and not to come for a week."” I didn’t.”” “Did you meet Miss Brennen the next morning?” “I have met her; 1 don't recollect as to that.” “Didn't you meet Miss Brennen the day “after Christmas and tell her that your wife was sick and not to go up for a week?" C1t is likely that I did.” “Will you swear that you didn't tell her that?" I have telling “Didn’t you saddle your horse to go and see her and meet her coming up the next morning after Christmas, and s(uL her and tell her that your wife was sick and not to come for a week?'’ “L don’t recolleet if T did.” “So far as you know there was no oec- casion for telling Miss Brennen not to come for a week on account of the sick- ness of your wife” “1 don't remember of there being any occasion of that kind.™ RUINING HER BEAUTY. “Will you swear your wife never told you, ‘If you don’t treat me better 1 will ave yon? " r1 don't think told me anything of that kind.” “Dud you tell her, ‘If you ever leave me L will throw vitrol or something clse in your fuce so your own mother won't know you? " “Did you ‘I will spoil your beauty s0 you won't have any friends?’ 1 never dud.” Never anything of that kind 2" “No, sir.”” NE STRUCK HER. “Were you at the theater on the night which brought about the final separa- tion?” ‘I was,” **Did you go with Mr. Gocken?” “Yes, sir.” “Where was Mrs. Lauer when you got home?" “'She w or here me all d that I didn't recollect of she ever in the dining room, I think, ting room."” Jid you commence speaking ugly to her?” “I don't think I did.” “Did she to you?” “Sie didn’t speak exactly ugly to begin with, she had spoken of my going to the theater and not taking the ladies.” “State what you suid and what she saa " “I'said, If I thought you would have heard about it I would prefer to go with- out her, I saia no, 1f I thought she would have ca about it; she gave me to un- derstand that [ 1ied about it; I was angry and slapped her face.” “Did you have your fist elosed “No, sir.” “Just a gentle, loving tap?"’ “It wasn't intended for love.” “Did you pull her hair?™ “No, sir.” “pid you tear her dress?” If her dress was torn it must have been in a later'preceeding.” A LATER PROCEEDING, Countinuing Lauer said that he went into the other room: and laid down on the sofa, He said, “My wife commenced pulling the sofa away from the wall, and she screnmed at the same time, and with that screwm Mr. and Mrs. Goeken came down stairs,” ‘‘She didn't screnm because she was pulling on your feet?” 1 didn't’say so.” “What made her scream?" “1don't know. She may have been angry or something. I don’t know what she screamed for. " *‘Mr. and Mrs. Gocken came down aud came in¥” ‘‘Yes, sir.” “Don’t you know that when they came down there the whole front of her dress was torn?" I don’t know." *‘And her hair was all down?” “I don’t know it was a fact.” “‘About what time was that?'’ *1 should judge in the neighborhood of 11or half past 11 or possibly 12, 1 g know, I think in the neighborhood of 11 or half past11.” “Then what did you do?" HE WALKED THE STREETS, “1 said, Sallie tell these people what has occurred, She didn't say anything; she kept her hands over her face ‘partly. She wus not crying, she was not hurt_in any way. Mr. Geoken said: ‘Well, if 1 am causing yon folks any trouble he said I will leave;' I said: ‘No, there is no par- ticular trouble and rather than have any Enusts of mine leuve I will leave myself: ut you shall not leave the house,’ [ asked Salle if she wanted me to leave; she didn’t say anything; I said: *If you don't care whether 0 or stay I will go. I went and dressed 1turned and went towards the kitchen door and I said *“good-bye, Sallie,” as I was going through the Kkitchen. She didn’t say anything; I went out and went down town, 1 walked about the streets until about 4 or 5 o'clock that morning. I went to the Cozzins house and took a room.” “Didn’t you pound her that night until the pounding was heard up-stairss” I did not.” “You didn't pound her until Gocken came down and knocked at the door and threatened to break it in if you didn't open ity 1 opened the door myself without any threats.” door was fastened?” sir," it your wife that fastened it?" “1 don’t know." THE NIGHT OF THE TRAGEDY, It was well into the afternoon when General Cowin commenced his cross-ex- amination of Laueron the immediate cir- cumstances of shooting his wife. “'On that night before the shooting you say when you came home you went in to get the supper, did you?" “Isay that we both went in, and I got the supper.” *And you got the supper while she was taking off her wraps?" “Yes, sir.” “‘And it was your provided supper that that you both sat down to, was it nott” “I'provided for all the meals."” “It was your prepared supper that you and your wife sat down to¥' “Yes, sir.” ‘‘She took no part in the getting of the suppert” “1 would not be positive that she did not uke ?urt in it."’ *'And then you went and placed your- self on the lounge and lay there to read, did you not*" *I went to lie on the lonnge."” +'Did she read to you a whilet" 8, sir,'" i she say she wanted to go to bed "’ *‘No, that is not my recollection."” HIS WIFE BLUSHED. “‘And then after being prepared for bed she came to the sofa and wanted to lie down by your side, did she?®” “Yes, siv,” She blushed " ‘“*After lying down by my sida." “You bad beeu warricd bow 'sagt “‘About two years and a half and a lit- tle over.” “‘When she came and placed herselt on the lounge beside you you say that she bhl.‘;!wd, (lln.ynu?" sir.” 0s, & “'She lay there and rested a few mo- ments and said her heart beat rapidly, did shes" y there by my side; we were talking to each other.'” ‘Do you know what you were talking about?? I do not know what we were talking about.” “‘What else do you remember of taking place that night?™ “Lrecollect my wife had ordered some sweet cider that day and she brought the juz outor I did, shie got it at Little & William's and she or [ 'went and got it in the kitchen, and brougnt the jug m to have some of 1t, and I recollect that we did not cither of us like it because 1t was too sweet; it was too much like molass and the jug sat on the table all night. ‘Do you know anything else that took place?’ “Nothing that occurs to me now."” ‘it was the usual way of spending your evenings? “Yes, sir."! “Why did you answer in reply to Mr. Thurston’s question then that it was the happiest evening that you ever spent in your lifes” ]“l”xlo not think that that was my re- Ply. Do you recolleet anything of the Kind? one of the happiest nights in my life that evening.”’ “Was it that your wife came and placed herself on the sofa beside you— s that what made it one of the pleas- t mights»’ I think everything connected with the evening, the manner of our going home and the manner that we spent the even- ing; I think that everything connected; 1 do not think that any particular thing made it more pleasant than any other evening.'” “Your wife tléd not get the supper that night, did sk *I do not think she did.” “Was that one reason tor piness of the night, becau tired to get your supper?" “I did not complain of being tired.” “1 know you did not, but you were tired, were you not?'" “I'hat was nothing unusual.” “You were, as a matter of fact, were you not¥'’ ‘1 was just ordinarily tired.” 'On a certain evening in July, did yonr wife say to you just as yon were going to bed, ‘Look” there, towards Gallagher's barn and Mr. McShane’s; how hot it must be up there for those hostlers?’ ” I don't recollect that.” “Did you make a reply to her, ‘Damn it, you yl!xink more of them than you think ke the hap- she left you afuss with her right there?” *I did not."” g of that kind?” oatmeal your wife vut on the d she” intended to be cooked for the morning, was ity” CIt was.” “Was the that purpos ““Well, there was fire enough I presume for that purpos “A pretty good fire when you went to bed, wasn't there¥™ “If there had been a good fire the oat meal might have got dri and not been in good shape for br t; it was simply put on during the night.” . “Was there a pretty good fire when you went to bed?” 1 don’'t recollect as to the condition of the firc particularly.” “Now, Mr. Lauer, did you notice how much light there was that night before you weat to sleep, after the lamp was put out?’ “Idid not.” “You didn't notice anythidg of that kindy” *'No, sir.” HE HEARD THE NOISE, *‘When you woke up in the night you woke up from hearing a noise, did you?” **It was a noise of some kind that woke me up.” 5 *‘Was 1t a kind of rustling that you first heard " ‘I think it was a rustling noise. No, T can'tsay that it was a rustling. I heard the rustling after; what it was that woke me up 1 don’t know.” “Some noise woke you up, and the next thing you heard after you woke was a kind of rustling?” “Well, I was awake and heard the rust- noise.” ou distinetly remember that?™ ‘[ am not positive as to that; that is my impression.” 2 “What kind of rustling was it?"” “I don’t know."” ,'You first heard the noisc, then the stling®" ire enough in the stove for nd then you heard the voices?" he yoice was almost simultancous with the rustling about the same time.™” “Didn’t you swear the last time it was after you got the pistol that you heard the voice?” “It might be I did swear to that.”” “After you heard the voice, in what direction did you lookt"” *I looked over the toot board."” “Where was the voice in your judment at that tim “Iin my judgment I located it in the next room, in the other room.”’ “Can you'tell then whether there was more than one voice?” “I can not, Ihave never been able to tell, I couldn’t say as to what my impres- sion Wi then t should imagine thut there more than one person.’’ “You distinetly remember hearing somebody say something?” *As for saying something I don’t know s to that; ['should imagine that there s something said.” you didn't recognize what was said " THE TWO BURGLARS, “When you heard that voice you thought it was a burglar?” “I supposed it was u burglar.”” “And you thought there was two of them?” 1 did.” : thought one was talking to e other? “That is exactly as 1 thought.” 3 “You looked to your right, isn't it a fact that when you first took your pistol in your hand you looked over the foot board into the sitting room and didn't see anybody, you then looked to the right and then looked up in front again and saw this body approaching?” o “My impression is that 1 looked while I was turning.” 7 2 “Didn’t you swear the last time like this: ‘I looked after getting my p and didn’t see anything and’ then looked to the right, thinking there mignt be somebody in my room?' " 5 ] don't Know a$ to whether I did or ot ) A Will you sw that you din’t so swear before?”’ Well, I wont so swear now."” Then you saw o head '’ aw what 1 supposed to be u hes d you swear before that you saw, not what you supposed to be a head, but el presnme 1 may have sworn that way; there may be a dillerence, bat it s very slight.” 5 ©""And when vou saw a head, you fired at the head, didn’t you?"’ *1 tired 1n the direction of the head as upposed.’ Py 1 !“ll))lld you answer in the st trial of this case, o the question, You fired at the head, didn’t you?' ‘Of course I did; I didn’t fire the other way.' " I);nt you used right You fired at the head?" *“T'his is the fact, that I fired at what 1 supposed w! ead.” ‘Were you looking to seco a body fall, or erawl around the foot of the bed with a view of firin, againt’ “I'nat 18 right *‘You expected to see that body fall be- tween the foot of the bed and the dress- ing ease, didn't you?"' “Idon't know that I expected to see the body fall. 1 expected that there might possibly something of that kind hap. pen.” “You looked down to sceit fall across the foot of the bed, did you or noty" “Lexpected to soe it tall along side the foot of the bed; that is what I expected.,” “Why did you expect to see the body fall along the foot of the bed s “Although firing very hastily [ ex- pected possivly 1 might hit. “Why did you expect to see the body fall acoss the foot of the bed ™ i ; is just 1t exactly, I expeeted that if a person was coming towards the side of the bed, and I supposed if [ had hit it would naturally fall that way." “During thistime you did not look over nor glance your eyes in the diree- tion that your wife should have been on the other side of the bed?' “Udid not.” TOOK NO NOTICE OF R, “‘And although you had fired a shot, made a yell and was watching to sce the body to fire at it again, youdid not throw your eyes over to see if your wife there; did you or did you not?" 1 did not.” “And there was nothi you that she there 1t did not oceur to me."’ g indieating to there?” ““T'hen after failing to see anyone come around the foot of the bed, it was then you felt it proper to see if your wife was there.” It was just that interval that nothin ir:luhpu'ml, and 1 did turn around :mfi elt.'’ “Why did you not look and see if she was there?” ‘It was not llghtunough to see if she had been there,™ “And if your wife side y § ‘1 will swear it was not light." “It was light enough for you to wait for a head to show and shoot at it again in the rear of the bed?"” I cannot answer that question put as it is; because I did not watch for the head.”’ “Did you not watch to see whether the form would fall? Did you not look for looked.” “‘And expected to see ity 1 did see it.” ““‘And you waited to shoot at it again®’” “I don't know how long I waited; it momentarily.” {ow did you expect to see the body between the bed and the dressingease —on the fleor—and not expecting to see your wife beside you in the bed ?" “I eannot explain as to how I expected to scel' [3u|p|m. > [ would haye to prepare When you put your hand over, and found your wi as not there, did you ive unother yi “I did not yell, no, sir.”” “You then got out of bed, did younot?” “I jumped out of bed and ran around to the foot of the bed.” *“When you did ths body, did you not¥’* I could not say that I saw the body. I felt down on the floor for my—I pre- sumed it was my wife—and felt down on the floor and felt my wife laying there.” *Did you not tell ‘somebody that you saw her breathing before you lit ‘the lamp?” *No, sir.” “Then, when you got around the foot of the bed you saw nothing?"? "hat is my impression.”” Then you shook the body cid you?" “1 did not shake the body right then; 1 called to my wife, but I didn’t get any answer.” “*Was there any evidences of life when you touched her?” “‘None that I e “At that time ‘At that time.” “When you got up did you put your vistol away?” I don't recollect as to that.’’ “You lit the lamp, did you?" “Yos." IT DIDN'T LOOK LIKE HER. “That thew a complete light on the body, did it?" t, you then saw the knew of.” body of your wifer” “I know it was my wife.” “Itdid not look like her?'’ “1t did not.” “‘What was there about it that did not look like her?” *“T'he face did not.” *“T'he face did not look like her?"” “What was there about the face that didn’t look like your wife?"” *I couldn’t say as to that."’ “The hair looked like your wife?” “Yes, sir.” +Did you feel of her breast?” HER IIEART WAS BEATING, **And you felt her heart be “My impression is that I heart beat.” “And heard her breathing?’ Excuse me I was not think- id not hear hor breathing.’” you swear that you heard her did fecl her breathe? “] am positive that I didn’t swear; that would be my best recollection,” “You felt'the beating of her heart at that time?” “1 don't recollect the beating of her heart.” ou chafed he hands?™ Idid.” “You called to her “I ealled to her again.” WVhat did you say to her?"” “I called her by name, 1 begged to her and calied to her.” IT DIDN'T OCCUR TO HIM. “When you lit the lamp and saw 1t was the body of your wife didn’t you pick her up and put her on the bed?” “It didn't oceur to me to do that.” “You didn’t know when you lit the lamp whetker life was extinct or not?” “When I Lit that lamp or before I lit o “Immediately after you had lit it didn’t you know whether life was extinct or not¥ did not know, and I eertainly hoped that it was not."” } *‘And you waited around hoping she might speak to you?"' did s0.” And you didn't go after the doctor because you w:mlmhu be there if _he re- sufliciently enough to speak?” did want to stay and hear her spoak.’’ 2 With a few more questions, the cross- examination was concluded. Lauer ap- poared very much relieved, despite the fact that he had contradicted himself in more than ol RE-DIR On re-direct ¢ that he had never twice—on the oceasions mentioned. Then he struck her with the open palm of his hand, Witness never heard of or saw Ewmma Bell, and her story ef the cran- berry sauce was entirely false, itness did not talk to his wife nbout their past troubles after the reconciliaton, nor was the matter ever brought up again. ‘I'he state making ne objection Mr. Thurston read the testimony of Captain T. W. T. Richards -on the subject of the .\'IIN.\TION. nination Luuer stated strack his wife but stoye which was in Lauer's room on the i night of the tragedy. This was intro- uced for the purpose of showing that when “'shaken down™ for the night the stove gave out little or no light. The lat- ter part of the testimony told of the ex- periments which had been made by the committee of gentlemen for the purpose of determining the amount of lignt thrown out by the stove. The eross-examination part of the testi- u‘muy wus read by Mr. Simeral for the state, The testimony of Mrs. Ben Gallagher, another absent witness, was also read. She testified to the pleasant relations which existed between Mr. and Mrs, Lauer before the latter's death, 8 ) 3 ¢ was recalled and tes. that the Lauer house extended about eleven feet back ot his house which wus next door. Matt Gahlon was also recalled. He testitied to having gone into the kitchen the morning after the tragedy, and found the supper dishes unwashed. He also saw signs of cooked sausages and several uncooked sausages, “What do you call a sign'of a cooked sausage? ' asked Gener: T Cowin. The Jittle Trishman seratehed his head contemplatively and replied: “The rind. * Mr. 8. A. Orchard testified to the date of the purchase of Lauer's carpets, on October 19, 1 o L RS SISTER, Miss Miner: wier, thesister, testified, next, Sheisabright, nervous httle Iady and told what she had to say with no hesita She was not so dramatic as on the on of the last trial. She said that four ycars of age and ided in Omaha since June, 1885, w nearly all of their daily life,” she s:}hl"‘\vi(h the exception of a” few days, Their conduct toward each other was most pleasant, Nothing other than of a cter occurred between Lauer always spent his cven- t home, except when he was called out of thecity, They were always reading and singing together, chattin, together, or something of the sort. could hear distinetly from my room on the second sto! ything that went on below and 1 never héard them quarrel- [Here the counsel for the ence asked the witness to identify two letters written by Mrs, Lauer to her hus- band. They were then read in evidence and ruled out by the court,] “‘On the afternoon before the tragedy I went out walking with a friend as it was a very pleasant day. I came home that evening about 7 “o'clock and retired I could hear Mr. and Mrs. ¢ g, talking and singing to- Then I heard them retire, L should say about 9 o'clock, Then I heard my brother’s heavy breathing. Thenext thing I heard wus the report of a pistol and loud yell. Heard my brother utter exclaimations of despair. 1 rushed down stairs wanting to get out of doors before tho burglars, as [ supposed they were, could reach me. Is {ed in renching the front door and wus just about to go out when my brother came to the door. 1 saw the look of despair on his face. He shouted, ‘Oh, my God, Minerva, I've mistaken Sallie for a burglar and shot her! Oh, come to Sallie! Come, quick!’ “I rushed out to get help and aroused the neighbors. (Here the witness detailed how she had succeeded in arousing tho neighborhood. She was d ed only in her night clothes, and was taken to Mrs, Savage's house, where additional cloth- ing was furmshed hes General Cowin cross-examined the wit- ness closely. “My brother and sister threw open their home to me, and I came to them as a visitor, and,” said Miss Lauer. “‘they were always affectionate. I have seen them embrace each other and kiss each other.” *‘Did you see them romp about like lit- tle children? asked General Cowin, “‘No,”” replied the witness quickly, “‘they were not silly.” This little side play caused a ripple of laughter through- out the court room. LAUER'S VIR ‘Y ou never saw a kinder husband, did you?"’ **No, sir.” *“Ihere was no defeet in his conduct toward her, was there? “No, he was kindness itself.” “He wasn't a quick tempered man was het"” “I don’t think he was,” replied Miss Lauer. “You have seen en’t you?"’ “‘Yes, but never with his wife."” Miss Lauer then told how she spent a week at Mrs. Savage’s house next door, when she was sick. “*You went there, because you couldn't get proper treatment at Lauer’s Louse, didn’t you?” **No, sir,” “Didn’t you ever say to Mrs. 1ler in substance as follows: ‘Som after 1 ne here a certain man at Lauer's house whom Laucer said was tleman and instructed Sallic no% [ kto him. And she replied ‘I'li speak to him when I please and if you don’tliko it, there's the door. And did oun say that you thcught that was pretty harsh treatment for Sallie to give John, but when you found out how he treated her you thought that it was the only way she could get along with him? “No, I don’t remember any such con- versation.” The witness went on to remark that she rather regarded herself as anntruder in this houschold, ‘‘because John and Sall 0 wrapt up each other.” While being cross-examined on this branch of the subject, Judge T ruptly broke in and adjourned court until 9:30 this morning. him out of temper, Electric Lustre Starch is hailed with delight by every housckecper and laun dress. - - Marshal Tom Lynch, of South Omanha, received yester a letter from his mother who is in Ireland. In the Jetter alarge bunch of shamrocks which POWDER Aheclutely Pure. Thispowder nevervaries. A marvel of purity,strength and wholesomeness. 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