THE ALLIANCE JlEiiALh. KUIPAY, HECEMUEU 17, 1920
MURDER FIRST DEGREE
-anitary
Meat
M
arket
opening stj'temert for the doeno. from his pocket.
Evelj n McEiranoy, lie said. w.t nn'y I l hnrlos 11,11 stated lliat ahout 1 :.''0
twent uno mis of are, a daughter lo hud nnt'ood a crowd at the e ty
of Joe I'roiss. N'rce evrly ch'hlliooi . hall. Ho hail gone 1 1 tho alloy i ft
be 1 1 "ti.lant had helpc 1 to support Sh.-i If M !-r, ( ot.nty A'.toi i. B. .--jc,
her family. Tt tho ,'jro of sovt r.toon
ho had married McElhaney, ami
hoith s.ftotw.nl ha wont to war.
PORK CUTS
Fresh Ham 25c
Pork Steaks 25c
Pork' Chops . 25c
Fresh Side- 25c
Fresh Pork Sausage 25c
Home Rendered Lard 20c
Home made Mince Meat 25c pt.
Creamery Butter 50c
BEEP AND VEAL CUTS
Round Steak .25c
Sirloin 25c
Porterhouse 25c
All Roasts 18c
Boiling . . .12c
Hamburger 15c
Liver 15c
Fresh Milk Oysters Fish
Piirln:: hi absence she h id to mnl.e
I hor own living.
Mr. Mitchell traood tho Anderson-
M'K'li.Mioy all'iiir liom its inctpton,
his vor 'on of t lie s'.ory ho in it as fol
'ows: Miss Myda Viri'io had tomo to
Alliance iind rcrt-d a loom in tho
i M. E'h.;ncv ostaldi; hmont. Tom l.ovett
whs a rotrutar cr.llor to see tho Vird o
woman, aril on 0110 of Irs visits he
brought Anderson. Anderson piomptly
foil in love with Folyn, and had asked
hor to dixnee McElhane and marry
hi in. She hal refused, but he world
not J:io a negative answer. Accord
ing to the attorney, Anderson would
pot diunk, then come to soo her und
had many times threatened to kill her
if she did not marry him.
Plea of Self-Defense.
Makers of Fi ne Sausages
ORDERS TAKEN FOR CHRISTMAS POULTRY
All Our Meats Guaranteed Fresh and Tender 16 full ounces to the
Pound.
F. E. MELVIN, Prop.
Phone 40
118 West 4(h St.
These Prices are all Wholesale Packing House Prices.
LOOK 'EM UP
The defense sprung the big surprise
of the trial in its vcrs'on of the meet
in 'he alley hack of the Joe Smith
pool hall, which resulted in the killing
of Anderson. The clai mo self-defense
is based on the following version of
the events that transpired. Aa Mr.
Mitchell saw it, there had been some
argument, and Anderson jumped on
Evelyn ant struck her. Melick, who
was al.-o present at this meeting,
separaietl the two. Anderson as
saulted Mrs. McElhaney a second
time, drew a gun and threatened to
kill her. He held one hand to her
throat, und with the other pressed a
revolver against her abdomen. In.
Fome manner she gained possession of
his revolver, and with her hand on the
trigger, in the excitement and under a
great nervous tension, she pressed the
trigger, discharging the bullet that
killed Anderson. .
Dr. G. J. Hand was the first witness
called by the state. He stated that he
was called about 1:20 on the morning
of the murder, and requested to come
to the Alliance Billiard Parlor. Ar
riving there, he found Anderson lying
near the front pool table. He was
alive, his heart beating afintly. Ilia
clothes were opened and the wound
had evidently been examined. The
doctor was present when Anderson
died. Following the deatht, Dr. Hand
with Officer Stilwell and Attorney
Eugene Burton, went to the Wilson
rooming house, where they found
Myda Virdie and took her to the city
hall. Eugene Burton, Charles Hill
and Miss Virdie, known as "Mike,
went back to the rooms in an effort to
get information. The second time
they went back there the cun with
which the shooting was done was lo
cated in a sideboard in Mrs. McEI
haney's room. Dr. Hand testified that
he was present when the empty
cartridge was found, and produced it
O-ear Keel, former thief ot o! co,
rnd Pi. Hand, lie told of finding tho
ivvo vm in n vilol-oyid ,n th? north
east envnps of Mrs. MfE'I.nney s room,
under tome linon. 1 1 1 1 1 un!o'il'd th.'"
reviiHor, fimhnir seven cartridges in
the mati.zir.o anil o'ie in the barrel,
'lb.' mi.. o.ipaei.y w.is nine shell--.
C-o.T Ko'od. former po'.cp chief,
te-t fied that lie learned of the death
at 2 a. in., und with Sheriff M Her
and others nided in soarth'ng tho
hove. I'e had looked for the empty
hell in the alley and found it on the
.ist side near the coiner. He said
h it be then returned to the city hall
ard talked with Evelyn. She asked
him if they had found the- and
rooked her index finger esprossingly.
He told of the find ng of the gun by
Cb-vlp'-' Milt nndn of examining it.
Gale Weeks, clerk at the Newberry
kl.niiware 'company, testified that
Evelyn McElhaney had boon in that
tore the Saturday previous to the
killing. She had purchased a light
bulb, and asked for an automatic re-
olver. She asked for a .38 caliber,
but they had nothing larger than a .32
in stock.
A. T. ISnge, clerk at the Khe'n
Hardware, was next called to the
stand. On December 4, he stated,
Mrs. McElhaney came in and
for a ..IS caliber automatic.
an
i
n a
H i
m
m
si
anon
a
m
B
The Horace Bogue Store
u.
B.
Handkerchiefs Ribbons
Cut Glass Water Sets
Tumblers Serving Trays
Celery Trays Vases
Sherbets
Gloves
Silk Hosiery
Boudoir Caps Hand Bags
Purses
Perfumes
Toilet Water
Filipino hand made Underwear
Glove Silk Underwear
Japanese Cherrywood Trays
and Bowls
Brass Jardineres and
Smoking Sets
Comforts
had nothing larger than a .32, and
she purchased this." He identified the
gun as serial No. 34511(1. She told
him that she was buying it for an en
gineer friend, and wanted a box of
shells, telling him to send a box with
the gun. He did not do so, and later
a colored woman came nnd bought
the shells. Attorney Mitchell, in cross
exnminntion, attempted to show that
Mrs. McElhaney's companion on the
shopping trip had negotiated for the
purchase of the gun, but without success.
Dr. C E. Slagle told of examining
Anderson's body at his offiea. Thurs
day evening to locate the bullet by
means of the X-ray. The bullet was
located in the right side, four or five
nches below the wound.
Officer Stillwell was the first wit
ness called Thursday afternoon. His
attention had been called to the shooi
ng phout 1 p. m. He first saw Ander
son lying in the alley. Two men as
sisted in carrying the body to the pool
hall. Following Anderson's death he
had ofund Evelyn McE'haney a hun
dred feet north of the pool hall, se
told Ivm that she had killed Anderson,
ind they started for the c tv jail.
After going a few steps, she s'oppeu .
and asked why she was be:ng taken '
to ja'l, saying: "I haven't done any- '
thing." She told him that she had
been "kidding" when she admitted the I
murder. On the wiy to the jail rhe 1
strain admitted that she had killed '
him, hut again denied it before they
had reached the jail.
Tom Gray was then called. He
stated that he had known Anderson
four months. On the morning of the
murder, he had been proceeding up
vyon.l street at 1:20, on ?he south
-'le, ju t across the street from the
alley where the murder was commit-
ed. He s. w l-'red .Meiick, Anion on,
Mul'eit? an. I Evelyn 'n the al'ey, ti d
out across he tret d : ,"o- jro ,
t; ted that he heard Mrs. M-Hlhaney
say: "I've told vo l and to' 1 ; ou nd
toid you not to do : hit." llo.lii.i,
gone only a block and a half west
when he hear I a shot, 'to lur-l
ran to Harvey's cafe past the alley
entrance, where he saw Ardoi. on i -in);
on the ground. He called for Dr.
Hand, ami then returned to the scene
lftf the killing. He saw Evelyn at the
Kodgers Grocery corner. He testified
" j that she said to him:
B "Tom, 1 guess if this imm d'es I'll
B;be held for murder. I shot h'n."
I f Frank I.owry, ro'ored porter at the
j Woods barber shop, told a straightfor-
ward story, wh'rh the attorneys for
n ! the defense were unable to hake. He
had gone to a dance with Hal h Jones,
he said, and then had goe to We--t
Lawn. He was on his way back to
town and shortly after 1 o'clock came
down the south side of Second street,
across from the al!ey He st.-i'od that
he saw several persons in tlu' illoy,
recognizing Anderson. "? heard
someone say, "Wait," heard a sot and
then said: "V M il.J'il om. Ho ioj
oi;ni7.ed Fred Melick and Mrs.Mcr"l
' .i . i (i - t' (i e ru e' o-i(. An.lei'
son wn fihnit twenty foot away froiil
Eveljn, he said, and declared that An-dev-on
had no'h'nrr Jv ? v ,
had made no threatening motion. Ila
hoard Mrs. McElhaney say: "Lot's pet
a dot tor,'' to ,whirli Mel c!t i:ilfd:
"No, lot's go on." Melirk and Evelyn
then ran acros the street. Attorney
... ..in.. ..i. .hi. . siioi.U'tis enort to
h i'.o 1 owry's test'mony. and was
finuMy mlmon'shel by ihe court to
(dn ir e h'n iue: t'onhig to the case.
A. I,, drubb of Wh'tman, was the
star witless for the prosecution. I'e
told u plain story, and could not bo
shaken in the slightest on cros?-ex
aminafon. He testified that he was
on Ivs wiiy home from Edgomont, and
wis kill ng time while awaiting a
train. He was out for a walk and
was goin geast on Second street. As
he neared the alley, a man a;:d a wo
rvn eme im 'brlv'nd him. He raw
reflected in the light of a street lamp
a, man. As they came up behind him,
il shot was fired, and turning, he saw
the pistol in the woman's hand. He
Kicn.ifietl the woman us the defendant.
He stated that Anderson had nothinjj
in his hand, and that he made no mo
I tion. The man and the woman crossed
to the coiner, and separated. Later,
when they came back, he testified that
he heard Mrs. McElhaney say to a
asked j bystander: : "Tom, is he dead ? If not,
They 1 1 II give him another one. '
B
In the cross-examination. Attorney
Mitchell attempted to show that
Grubhs had not seen anyone on the
other side of the street. Grubbs ad
mitted this, but said later that he had
not boon looking for anyone, his mind
was occupied with other matter, and
that there might have been a number
of people there. The attorney for the
defense shot his questions at Grubbs
so fast that Attorney Frince appealed '
to the court to allow Grubbs time to
answer. The court suggested that the
witness be given a chance.
John Barrett of Newcastle, Wyo.,
night clerk at the Western hotel,
stated that he saw the defendant at 1
p. m. in front of the hotel. He asked
her if someone was shot, and she
answered "Yes." He told of another '
conversation near the Smith pool hall
shortly afterward. Barrett asked wh6
did the shooting. "1 did," Mrs. Mc-
j Elhaney answered. "What for?" Bar
rett asked. "O, nothing very much;
J me for the hooegow," Mrs. McEl
i hnney is said to have replied.
Rudolph Lauer of Gillette, Wyo., 20
' yenrs old .esMtiod that he heard Mrs.
McElhaney say, in front of the Kod
jgois grocer, that had shot Ander
son. I I:1er E. We brook, cler'r at the
depot, testified that he czvr Mrs. Mc
Elhaney at the scene cf the murder.
i. i maul a shot, but at first
thmv ht rt an rr'ovob lo backfiring.
He Iio;:r,t hor ask K he wis dead, and
say th-t If he wasn't, she'd shoot him
nnin. lie said he saw something in
the defendant's hand, but could not
say what -it was. He said that he
w- Tohn p-M-or nnd P. M. Scott.
. John Bayer, Burlington brakeman,
testified that Evelyn said: "If the
isn't dead, I'll give him
' lit; su.it they suggested
V"" th.- holy (o the Wil-on looms,
but she sad: "I.'n, take him to the
M ni,t-." f!o s: id he raw some
- o-oth'rg n E.elyr.V hand, but wasn't
ur" w' ' it v.,s.
In eros - eam'ra' ion, Attorney
M '-' -h-" a'lompted to : how that Bayer
"h:id t in Tor"' the deendant. He had
ei a oh MViol fr'en l, a playmate
:nd 'a'er a :ui or "or her hand. Mr.
Tr'h't fr -led o secure an admips'on
from him than he hail borrowed to
have illic.t relations with her. This
le: t'mony, which was among the most
'l-"iMrrr:g 'ubm:tfed, closed the case
for the state,
- - - - . 1
M LATE TO CLASSIFY
B.
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