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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 16, 1887)
* , > "tfrv. ! ? THE OMAHA DAILY BEE : WEDNESDAY ; MARCH 10 , 1887. I "HO" OR "I DON'T ' REMEMBER" t , I , Apparent Avenues of Escape For John Laucr , the HE TRIES TO USE THEM BOTH , But Is Qlillo 1-JITrctuatly " llcnclcil Off" Cowln's ItiKld Cross lOxnin- [ f Inntlon Latter Denounces Mrs. I3cll as a 1'crjiircr. The Iiaticr Trlnl. It was nearly a quarter of 10 o'clock when Judge Neville opened court yester day morning. Laucr was already sitting in Ins usual place by his counsel. Miss Lauer occupied a scat directly back of Ju/lize Savage. The crowd in the lobby outside the railing was larger than on any morning previous. Many wcro standing up. John Lauer , the defendant , was the first witness , and was immediately sub jected to Iho cross-examination of Gen eral Cowin. Ills answers wcro made In a low tone , and General Cowin frequently had lo suggest to him lo speak up. THE CUOSS-KXAJIINATION. "Was your engagement broken off at that time ? " asked General Cowin. [ Objected to as an improper cross-ox- animation and not concerning any other mailer drawn oul in chief , and calling for evidence lending lo make out the ease of the prosecution in chief. Overruled. Defendant except . ] "I did not consider it so at that timo. " "Did she ask you that it bo broken off before the marriage. " Objected to all queslions upon cross- examination , calling or asking for testi mony concerning transactions between the defendant and his deceased wife upon any other time , or at any other place than the occasions to which ho has testified on his examination in chief , for the reason thai Iho same is an improper cross-oxaminalion , and is a part of an ef fort by the prosecution to secure from this witness for the defense , testimony tending to support its case in chief , and for the further reason that all such testi mony , showing previous trouble belwccn the defondont and his deceased wife is too remote , irrelevant and immaterial. Overruled. Defendant cxcepts. The defendant asks that this objection be considered as interposed to each question calling for this class of tcsii- , mony and an exception. The court " ! will say to counsel that where mailers are to bn objected to I would like to have it objected to when the question is put ; ns I might be misled in considering the question carefully. " Lauer then answered : "No , sir. " "She didn't say anything to you about "No , sir ; she did not ask that it bo broken off. " "Didn't she say anything to you about breaking it off ? " "No. sir. " "Didn't she it had say better be broken off ? " "No , sir. " "You wore with respect to her a ralhcr jealous disposition , were you nol ? " [ Objected the same as last aforesaid ; overruled , defendant oxcopts. ] " 1 think it is likely that at that time and possibly a lilllo laler lhal my feel ings tended that way. " "And sometimes you got very indig- nam at her , did you not ? " "I became angry at times. " "You were very quick to get angry with respect to her , wore you not ? " "I do not know that 1 am any quicker to anger on these occasions than 1 would be on any other where that feeling would bo brought forth. " "Wereyou not quicker to anger against your wife , or against Sallie Lauor or Sal lie ( iootschius , before your marriage ? " "Well , I was. " "And sometimes used rather hard lan guage towards her , did you not ? " THE TORN DRESS. "That is the only reason that I know of. " "After you wcro married I believe yon went up to the Dougherty house lo live , did you not ? " "Yes , sir. " "How long did you live there ? " "About four months ; possibly three. " "It was all pleasant during all the time that you lived theroV" "There was sonic difficulty. " "Do you remember one limo when your wife came in wearing a Mother Hubburd there nt the Dougherty house ? " "My wife did wear a Mother llublwrd. " "Did you take it off'from her one day ? " "No " sir. " "Did" yon tear it off from her ? " "No * sir. " "Did you tear the dress11 "I dirt. " "Did you strike her11 'No. sir. " "Did not abuse her ? " HI : DIDN'T ACCUSE HER. "I don't know ns to the harsh Ian- gunge ; I know there were sometimes words between us and they wore not confined to one person , they were ou both Hides. " "You accused her before marriage of bem intimate with some one , did you "No , sir. " "You never said anything of the kind ? " "I never accused my wife either before or after marriage of any infidelity , of .any unchaste conduct of any kind. " r "You staled lo her just bcforo marriage ago , did you not , that she was intimate with somebody ? " "I did not. " "You had no such eonversalion as that with Mrs. Gootsehius ? " "I never did. " "Anything about anything of that character11 "Not a word.11 "Sho didn't say to you , 'Is that what gave you my child for to accuse her in that way1" "I am positive lhal she did not use that language nt all. " "Did she say to you , 'Don't you think Sallie is a virtuous girl ? ' "Sho did not. " THE SEPARATION. "Did she say to you I would rather see my child in a coflin than to put on the bridal veil to you ? " "She did not. " "Nothing of that kind ? " "Sho diiPuot.11 ' At the time that you separated and wont away from her , 1 boliovo. " "Idld. " "After that separation how long was it before you wont away ? " "About ton raonlhs. " "Aflor the separation ? " "Aftertho marriage. " "How long after the separation bcforo you went away ? " "iieforo I loft there ; I think it was about three days. " "You left then ou account of a lilllo excitement - citomont about the dilllculty , did you not ? " "No , sir , I did not leave on account of Ibe excitement , " "Or on account of the comments thai wore made on account of your conduct ? Oh , nothing of that kind ? " "No , slr.r' "You knew there wcro such com- aents ? " "Idld.11 , , "You saw the account ? In the paper about it ? " A PARTIAL ADMISSION. ! 'No , sir. " _ , 'You dldn1 ! say jm unkind word to "i don't recollect of uuy uuklud word , " "You just got out of bed and took the dress and tore it ? " " 1 objected to the style of dress at that times 1 didn't like it. " "That was the .only occasion that brought the action ? " "That was the motive , " "And vote didn't say an unkind word to her ? ' ' I don't recollect ; I may hayc , but'l don't recollect of any. " "You didn't strike her ? " "No , sir. " "Tho fact is , you never struck her in your life , did yon ? " "I cannot say that 1 have not. " "You couldn't say that you cvcrstru ck her in you life ? " "I can'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 tiic Mother Hubburd dross cry ing ? " "My Impression is that I did not. " "Did site cry that morning ? " * " 1 wasn't present to sec. " "Did you see horcryingthat morning ? " "I did not see her crying that morn ing. " "Did you strike her with a pistol ? " "I did not. " "Do you remember one day that she had a bruise across her nose ? " "No , sir ; I don't reeolleet'of that. " "No recollection of anything like that ? " "No sir. " "What did you strike her with ? " Mr. Savage "I will call the attention of the court to remark of the state's attorney in regard to delaying the examination in order to give the witness time to answer and wish to take an oxcfptihn on it. " Mr. Cowin "If the shoe fits you take it and wear it. It didn't make a swelling or embrasure across the bridge of tin ) nose , did it ? " "No , sir.1 ' "You never saw her then at the D ougherty house with her nose injured with the skin broken and swollen or black and blue on either side ? " "Not on the nosi1. " "What did you ship her for ? " "We had had company that evening n gentleman and his wife , and two or three oilier ccntlcmnn I think were present , and I got angry at some little familiarity that I thought at the time was not proper ; I fell ungcrcd at seine little familiarity ; it wasn't anything serious ; it was perfectly proper , looking nt it afterwards. " "Was it after they wcntaway ? " "Yes , sir. " "That you blackened her eye ? " "It ' . It wasn't blackened the next day. was discolored slightly , possibly u day or two afterwards. " TICK BLACK nVK. "Do you remember her there during that time with two black eyes ? " "No , sir. " "Did you take her out riding witli a veil over her face and keep her out up till evening so people wouldn't sco her at the house ? " " 1 did not. " "Will you swear that you didn't ? " "I will. " "You didn't take her out riding with a veil over her face so anyone wouldn't see her black eyes ? " "No. sir. " "Did you hayo a revolver at this mite ? " "I did. " "Where did yon 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 ondgn of the nose and say , 'Damn you , I wish I had killed yon ? ' " "No , sir ; I did not. " "Do you know that your wifn told Mrs. Her about that ? " "I did not. " "Do you know that she told her mother about that ? " THE HEVOLVKK EPISODE. "I do not. " "Never heafd of that ? " "I do know it now. " "You don't know that there was an ac count of it in the "paper ? " " 1 do not. " "Never heard of it before ? " " 1 hayo heard it before ; 1 have heard it in my case. " "You never heard it until you heard ttio evidence in this case ? " "That is the first I heard of it. " "Yes sir. " "Of striking her with a pistol ? " "Yes. sir. " "Never heard it rumored at the time of the separation ? " "I didn't , " "Did you have a great many friends visit yon ? " "My wife's friends used to como there occasionally. " "Did you have Mr. Williams there at thanks givine dinner ? " "Not that 1 remember. " "You don't recollect that you did ? " "No. sir. " "Did you have him there at any thanks giving dinner ? " "Not that I know at present. Mr. Williams has called at the housn. " "Do you remember after dinner of hitching up and taking him homo ? " "No. " "Do yon remember of sitting down on the lounge and your wife sitting between Mr. Williams and yourself ? " "Ican't say that I recollect that. " "And you got up and hitched your horse and took Mr. Williams homo. Do you remember that ? " "I do not. " "Anil Ihon'coniing back and abusing your wife for having talked to Mr. Wil liams ? " "I don't recollect that. " "And struck her ? " "No. sir. " "Nothing of that kind took place ? " "No , sir. " "It was not all pleasant between 'vou then ? " SAYS sin : STIUJCK iiur. "It was not all onthely pleasant be tween us. " "You used to quarrel with her some times at the table , didn't you ? " "Wo did use to , some. " "It was confined to either one in inir- tlcular ? " "I think it was on the part ot both. " "Sho was as bad as you wore as far as that is concerned ? " "I couldn't say that it was as bad ; I havn no complaint to make against my wife. " "Sho never used to strike you ? " [ Mr. Savage That is going u little too far ; answer it , though ] , "Well 1 don't care about answering that question. I nm taking care of my self and not matcing any complaint against my wife. " { Mr. Savage Answer it.l ' 1 want to know whether she used to strike you ? " reported General Cowiu. "Sho has struck mo. " "You would have regular lights , would yon not ? " "No I don't think wo had any regular fights. " "What did she strike yon with ? " "Sho would strike mo with her open hand. That is all. " A SWKEl'INO DENIAL. "Do you remember one morning when you sat down to breakfast and knocking your wife off the clwir ? " "No , sir ; that never occurred. " "Ami aftoryou knocked her off the chair you asked her to out breakfast and him would not ? " "No , sir. " "Ami yon throw her on the floor and tried to puneh the bcof down her throat ? " "That is not so. " . .Do von know that she told that to Mrs. E. 1 . Her ? " . " 1 don't. " "Nothing of the kind took place what ever ! " "It did not. " "Do you remember the first Christmas in that house ? " "I do. " A rilHISTMAS HAY. "Did you strike her at the table at breakfast that morning ? " "No , sir ; wo didn't have any break fast. " "What was the matter ? " "I don't know what the matter was ; I have never found out what the matter was. " "Your wife didn't say anything to you why she didn't got breakfast ? " "She didn't say anything that I recol lect that morning at all. " "Sio ! never spoke to you that morn ing ? " "Not that I know of. " "You didn't speak to her ? " "I did speak to her that 1 know of. " "What did you say to her ? " " 1 wished her u 'Merry Christinas' the first thing in the morning. " "What did she say ? " "Nothing. " Lauer then went on to tell of the time when ho throw the Christmas turkey at his wifo. Ho admitted having thrown it at her but said it did not strike her. Ho afterwards took it up and threw it into the street. "Do you remember one evening that you commenced beating her and she ran iiito the bed room and .shut the door and tore the wire screen out of the bay win dow in the bed room and ran for her mother's ? And you wont after her and caught hnr down nearly at her mother's hotiFo ? " "No. sir. " "Did not she got out out of that window and tear this wire screen celling out ? " "No , .sir , she did not. " "She 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's in the night , and persuade her lo como back ? " "No , sir. " "Whon filio went back to you she said she would go back and live with you if she knew that you would kill her , uul not she ? " "Notthat I ever hoard. " "Did not Dr. CoH'man say to you , she says lhafslio will go back and live with you even if yon kill her ? " "The doctor may bo honest in his im pression , but he did not say that to me. " HUB OKXTLV.MKN FItir.NDS. "Do you remember after your sister came of being over to Mrs. Savage's one day when your sister was there and Mr. Havens was coming , and you said , 'Sally there friend " " , comes your ? "I do not recollect of it. " "And yon said he is no gentlemen1 " 1 do not recollect of it. " "And she said he is a gunticman and a friend of mine ? " "That is beyond my recollcclion. " "And yon said , 'Well , you had bolter get him , and send for Mr. Crowoll , too ? ' " "lam positive now. " "That you did not say so ? " "Then did she say to you , 'I will sneak i any gentleman when I pleaseand if vou 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 ho did sec the head of the burglar distinctly , though the only light in 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.1 "And you saw the burglars head and the slouch hat ? " "Yes , " replied Lauer , shifting uneasily , " 1 saw something of the sort. " HOT COFFEE FOR ONH. "You were the very essence of kind ness ? " "I have never claimed that at that par- tjcular time ; ! do claim it for a later timo. " "You got home about 2 o'clock Christ mas day ; where was your wife when you went in ? " "She was in the bed room lying ou the bed. " "Crying ? " "No. sir. " "Did you speak to her ? " " 1 don't think 1 did ; 1 know I didn't. " "Whero did you go ? " "I went and laid down on the sofa. " "How long did you lie down on the sofa ? " "Until about bed timo. " "Sho remained on the bed all the after noon ? " "Sho did. " "Did you throw the coffee pot on her while she was in the bed ? " "No , sir. " "And fill her hair with coffee grounds j" "No. sir. " "Did you strike her ? " "No , sir. " "You didn't touch her ? " "No , sir ; 1 didn't strike her. " "You didn't touch her ? " " 1 couldn't say that I did after I got up out of bed that morning. " "lleforo you got out of bed. Did you strike her before you got out of bed ? ' ' "No , sir. " MOKE ABOUT THE TURKKY. "Did you go and get a lurkoy and como in and pound her with a turkey ? " "No , sir. " "Nothing of the kind ? " "No. sir. " "There was no dilllculty between vou after that ? " "No , sir. " "So that the Christmas passed off ex actly as you have described il 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 U o'clock and found her in bed , that you thereupon let her alone and wont to the sofa and laid down till 8 o'clock : was there anything else took place in tiio house ? " "Yes , sir. " "What was it ? " "In the morning I told my wife that 1 didn't think that was the proper way to start in Christmas , and she wouldn't say anything to mo , I asked her what was the matter ; 1 had told her before Christ mas I don't think that this is in connec tion with it at all. " "Stale what took place Ihero ? " "I says , 'well Sallie , I told you before that wo would not make each other nny presents , I don't know whether you are angry whether we have made no presents or not ; wo have built the house , that has strained me consider able to do that. ' I told 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 got breakfast ; she didn't say anything ; ] didn't euro about making breakfast my self and eating it alone. My wife had aot up and she was sitting in the room by the base burner , and the turkey was lay ing there that wo had got the day before I says , 'Well , if wo don't have any break fast I don'tsuuposo wo want this turkoy. I threw the turkey in the other room. " "Whore did you throw it ? " "There by the stove , where she was sitting. " " \ \ here did the turkey go , where did it lie ? " "It lay on the floor.1 "Didn't you take that turkey out ot purpose to bury it after you hud poundei your wife in the bed with it ? " "No. sir. " "Didn't you throw it in the street J" "Yes , sir. " " . "WttutHtreetl1' "Douglas street. I proposed to my wife wo wore laughing about it the next evening ; I said what will wo do with this : It isn't fit to cat , there has been no care taken of It ; mv wife said 1 halo to hrow it away ; take It out In the street and lay It down somowhoros , maybe omebody will pick It up , thinking It is a tirkey out of a grocery wagon ; I took It lown the hall ami throw it in the street. Wo wore both all right the next morn ng. " THI : SIAMSTJIESS. : "Didn't your wife say to you next norning , 'you had bettor stop that sow- ng woman that is going to come hero o-day , I don't want her to sco mo all joun'ded up like this' ? " "No. sir.1' ' "Didn't you go down and sco Miss ircnncn who was coming up to sow and ell her your wife was sick ? and not to come for a week. " "I didn't. " "Did yon meet Miss Hrcnnen the next norning ? " "I have met her ; 1 don't recollect as to hat. " "Didn't you meet Miss llronnon ho day after Christmas and toll lor that yotir wife was siok and not to ; o up for a week ? " "It is likely that I did. " "Will you swear that you didn't tell icr that ? " "I have said that I didn't recollect of elllng her. " "Didn't you saddle your horse to go ind see her and meet nor roming up the icxt morning after Christinas , and ston mr and tell her that your wife was sick ind not to come for a week ? " "I don't recollect If Idld. " "So far as you know there was no oc casion for telling Miss Uronncn not to como for a week on account of the sick- less of your wife ? " "I don't roinembnr of there being any occasion of that kind. " iti'iNiNc. unit iin.u'TV. ' "Will you .swear your wife never told you , 'If you don't treat mo belter 1 will lave to leave you ? ' " "I will swear 1 don't think she over told mo anything of that kind. " 'Did you tell her , 'If you ever leave no 1 will throw vilrol or something else n your face so your own mother won't inow you ? ' " "Did you say , 'I will spoil your beauty so you won't have anv friends ? ' " "I never did. " "Never anything of that kind ? " "No , sir. " ni : STRUCK unit. "Wore you at the theater on the night which brought about the final separa tion ? " "I " was. "Did you go with Mr. Gockcn ? " "Yes , sir. " "Where was Mrs. Laucr when you got ionic ? " "She was in the dining room , I think , or sitting room. " . "Did you commence speaking ugly to her ? " "I don't think I did. " "Did she " to you ? "She didn't spc-ik exactly ugly to begin with , she had spoken of my going to the theater and not taking the ladies. " "State what you said and what she said ? " "I said , If I thought you would have hoard about it I would prefer to go with out her , I said no , if I thought she would have cared about it ; she gave mo to un derstand that I lied about it ; 1 was angry and slapped her face. " "Did you have your list closed ? " "No , sir. " "Just a gentle , lovmsrtap ? " "It wasn't intended for love.1 "Did you pull her hair ? " "No. sir. " "Did you tear her dress ? " If her dress was torn it must have been in a latcr'precceding. " A LATER PROCEEDING. Continuing Lauor said that ho went into the other room atid laid down on the sofa. He said , "My wife commenced pulling the sofa away from the wall , and she screamed at the same time , and with that scream Mr. and Mrs. Goeken came down stairs , " "Sho didn't scream because she was pulling on your feet ? " " 1 didn't say so. " "What made her scream ? " " 1 don't know. She may have boon angry or something. I don't know what she screamed for. " "Mr. and Mrs. Goekon came down and 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 11 or half past _ 11 or possibly 12 , I don't know , I think in the neighborhood of 11 or half past 11. " "Then what did you do ? " HE WALKED THE bTUEETS. " 1 said , Sallie toll these people what has occurred. She didn't say anything ; she kept her hands over her ifaco partly. She was not crying , she was not hurt in anyway. Mr. Geokcn said : 'Well , if 1 am causing you folks any trouble ho said 1 will leave : ' I said : 'No , there is no par ticular trouble and rather than have any guests of mine leave I will leave myself : but you shall not leave the house , ' ! asked Sallie if she wanted mo to leave ; she didn't say anything ; I said : "If you don't care whether I go or stay I will go. I went and dressed 1 turned and went towards the kitchen door and I said "good-bye , Sallie , " as I was going through the kitchen. She didn't say anything ; I wont out and wont down town. 1 walkirl about the streets until about 4 or 5 o'clock that morning. I went to the Coz/.ins house and took a room. " "Didn't you pound her that night until the pounding was heard tip-stairs ? " "I did not. " "You didn't pound her until Goeken came down and knocked at the door and threatened to break it in if you didn't open it ? " " 1 opened the door myself without any threats. " "The door was fastened ? " "Yes sir. " "Was it your wife that fastened it ? " " 1 don't know. " THE NHHIT OF THE TRAGEDY. It was well into the afternoon when General Cowin commenced his cross-ox- amlnation of Lauor on the immediate cir cumstances of shooting hia wife. "On that night before the shooting you say when you came home you went in to get the supper , did you ? " "I say that wo botli wont 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 nut ? " "I provided for all the meals. " "It was your prepared ( supper that you and your wife sat down to ? " "Yes , sir. " "Sho took no part in the getting of the supper ? " "I would not bo positive that she did not take part in it. " "And then you wont and placed your self on the lounge and lay there lo read , did you uol ? " "I wont to lie on the loungo. " "Did she road to you a while11 "Yes , sir. " "Did she say she wanted to go to bed ? ' "No , that is not my recollection. * ' HIS WIKK IILUMIED. "And then after being prepared for bin she came to the sofa and wanlcd lo Ho down by your side , did she ? " ' 'Yes , sir. " "Sho blushed ? " "After lying down by my sidn. " "You hud been U'wricduow 'j ' "About two years and a half and a lit- lo over. " "When she came and placed herself on ho lounge besldo you you say llml she ilushcd , tlo you ? " ' "Yes , sir.1' ' "Sho lay Ihero and rested a few mo- nonts and said her heart beat rapidly , did she ? " " 1 do not know whether she rested or lot ; she lay there by my side ; wo wcro alking lo each other. " "Do you know what you were talking ibout ? " "I do not know what we wore talking about. " "What else do you remember of taking ) lace that nighl ? " "I recoiled my wife had ordered some sweet elder that day and she brought the 111 : otil or 1 did , she got it at Little it iVilliam's and she or i wont and got it In ho kitchen , and brought the jug in lo mvo seine of it , and L recollect that wo lid not either of us like it because it was too sweet ; it was too much like molasses ; and the jug sat on the table all night. " "Do you know anything else thai look place ? " "Nothing thai occurs to me now. " "It was the usual way of spending your evenings ? " "YesYsir. " "Why did .you answer in reply to Mr. i'hurston's question then that it was the nippiest evening that you ever spout in your life ? " "I do not think that that was my re ply. " Do you recollect anything of the "I said it was one of the happiest < ! ghts in my life that evening. " "Was il that your wife came and ilaccd herself on the sofa beside you was that what made it one of the picas- uitest nights * " "I think everything connected with the evening , the manner of our going homo ind the manner lhat wo spent the oven- ng ; 1 think that everything connected ; L do not think that any particular thine made it more pleasant than any other evening. " "Your wife did not get the supper that night , did she ? " "I do not think she did. " "Was that one reason to make the hap- l > lncss of tiio night , because she loft 5011 lired to get your supper ? " "I did not complain of being tired. " " 1 know you did not , but you wcro lired , were you not ? " "That 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 your wife say to you just as you were going to bed , 'Look there , towards Gallagher's barn and Mr. McShanc'show ; hot it must bo up there for those hostlers ? ' " I don't recollect that. " Did you make a reply to her , 'Damn it , you think more of them than you think of ' " mo ? "No , sir. " "And have a fuss with her right there ? " "I did not. " "Nothing of thai kind ? " "No. sir. " "This oalmcal your wife put on the stove , did she ? " "Yes , sir. " "It was intended to be cooked for the moining , was it ? " "It was. " "VY as there fire enough in the stove for lhat purpose ? " "Well , there was lire enough 1 presume for lhat purpose. " "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 dried out and not been in good shape for breakfast ; it was simply put on during the night. " "Was there a prelly good tire when you went to bed ? " I don't recollect as to the condition of the fire particularly. " "Now , Mr. Laucr , did you notice how much light there was lhat night bcforo you wont lo sloop , after the lump was put out ? " Idid not. " You didn't notice anythidg of that kind ? " "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. " "Was it a kind of rustling that you first heard ? " " 1 think it was a rustling noise. No. I can't say that it was a rustling. I hoard the rustling after ; wiiat it was that woke mo up 1 don't know. " "Somo noise woke you up , and the nest thing you heard after you woke was a Kind of rustling ? " "Well , 1 was awake and heard the rust ling noise. " "You distinctly remember lhat ? " "I am not positive as to that ; that is my impression. " "WhAt kind of rustling was ii ? " "I don't know. " , 'You first heard the noise , then the rustling ? " "The same. " "And then you heard the voices ? " "Tho yoicu was almost simultaneous 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 look ? " "I looked over Iho loot board. " "Whero was the voice in your judment nt thai lime ? " "in my judgment I located it in the ncxl room , in Iho other room. " "Can yoirtcll llien whether there was more than one voice ? " "lean not , I have never been able to toll , I couldn't say as to what my impres sion was then ; 1 should imagine that there was more than one person. " "You distinctly remember hearing somebody say something ? " "As for saying something I don't know as to that ; 1 should imagine that there was sonic-thing said. " "You didn't recognize what was said ? " "JSo , sir. " THE TWO nURRLARS. "Whon you heard that voice you thought it was a burglar ? " "J supposed it was a burglar. " "And you thought there was two of them ? " "I did. " "And you thought one was talking to the other ? " "That is exactly as 1 thought.11 "You looked to your right , isn't it a fact that when you fust tooic your pislol in your hand you looked over Iho foot board into the sitling room and didn't see anybody , you then looked to the ri ht and then looked up in fronl again and saw Ihis body appro ichiug ? " "My Impression is that 1 looked while I was turning. " "Didn't you swear the last time like this : ' 1 looked after getting my pistol and didn't sec anything and then I looked to the right , thinking there might bo somebody in my room ? ' " " 1 don't know as to whether I did or "Will you swear that you din't so swear before ? " "Well , I wont so swear now. " "Then you saw a head ? " "I saw what 1 supposed to bo a head. " "Did you swear before that you saw , not what you supposed to be a head , but a head ? " "I presume I may have sworn thai way ; lliero may bo a difference , bat il is very slight. " . . . . O"And when vou saw a head , you fired at the head , didn't you ? " " 1 lired in the direction of the Jicad as I SllDDOSCll ' "Did you answer in the last trial of this two , to the question , "You JireU at tuo head , didn't you1 'Of course I did ; I didn't lire the other way.1" " 1 used the words that you used right now. " "You fired at the head ? " "This is the fact , that I fired at what I supposed was a head , " f'Wcro you looking to see a body fall , or crawl around the fool of Iho bed with a view of firing again ? " "Thai is rigli . " You expected to sco thai body fall be tween the foot of the bed and the dress ing case , didn't you ? " "I don't know that I expected to sco the body fall. 1 expected thai there might possibly something of that kind hap. pen. " "You looked down to see it fall' across the foot of the bed , did you or nol ? " " 1 expected lo see il fall along side the fool of Ihe bed ; lhal is what 1 expected. " "Why did you expect lo see the body fall along the foot of the bed ? " "Although firing very hastily I ex pected possibly 1 might hit. " "Why did you expect to see the body fall acoss Iho foot of the bed ? " "Thai Is jusl it exactly , 1 expected that if a person was coming towards Iho side of Iho bed , and 1 supposed if I had hit it would naturally fall that way. " "Dunne this time you did not look over nor glance your eyes In Iho dircc- lion that your wife should have been on the other side of the bed ? " "I did not. " TOOK NO NOTICi : OP IIP.R. "And although yon had lired a shot , made a yell and was watching to sco the body to lire at it again , you did not throw your eyes over lo see if your wife was llierc ; did you or did you nol ? " " 1 did nol. " "And lliero was nothing indicating to yon that she was there was tliero ? " "It did not occur to mo. " "You never thouglil of her at all did you ? " "I did not. " "Then after failing to sec anyone como around the foot of the bed , it was then you felt it proper to see if your wito was there. " "Il was just that interval that nothing transpired , and 1 did turn around and lelt. " "Why did you not look and sco if she was there ? " "it was not light enough lo sco if she had been there. ' "And if your wife had been lying be side you , il was not light enough for you to see , whether she was there or not ? " " 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 watcli lor the head. " "Did you not watcli to see whether the form would fall ? Did you not look for if ? " "I looked. " "And expected to sco it ? " "Idid sco it. " "And you waited to shoot at it again ? " "I don't know how long I waited ; it was momentarily.11 "How did you expect to see the body between the bed and the drcssingcase on the lloor and not expecting to see your wife beside you in the bed ? " "I cannot explain as to how I exp'nctcd to see ; I suppose I would hayc to prepare myself. " "When you put your hand over , and found your wife was not there , did you give another yell ? " "I did not yell , no , sir. " "You then got out of bed , did you not ? " "I jumped out of bed and ran around to the foot of the bed. " "When you did that , you then" saw the body , did you not ? " " 1 could not say that I saw the body. I felt down on the floor tor my I pre sumed it was my wife and felt down on the llpor 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 nothinc ? " "That is my impression. " "Then you shook the body did you ? " " 1 did not shake the body right then ; I called to my wife , but I didn't get any answer. " "Was there any evidences of life when you touched her ? " "Nono that I over knew of. " "At that time ? " "At that time.11 "When you got up did you put your pislol away ? " " 1 don't recollect as to thai. " "You lit the lamp , did you ? " "Yes. " IT DIDN'T LOOK LIKE nr.it. "That tliew a complete light on the bodv , did it ? " "Yes , sir. " "You looked over and saw it was the body of your wife ? " "I know it was my wife. " "It did not look like her ? " "It did not. " "What was there about it that did not look like her ? " "Tho fr.ce did not. " "Tho face did not look like her ? " "What was tliero about the face that didn't look like your wife ? " "I couldn't say as to that. " "The hair looked like vour wife ? " "Yes " ' sir. "Did'yon feel of her breast ? " " 1 did. " HER HEART WAS HEATINO. "And you felt her heart beat ? " "My Impression is that I did feel her heartbeat.11 "And heard her breathing ? " "Yes , sir. Excuse mo I was not think ing , 1 did not hear hur breathing. " Didn't you swear that you heard her brealho ? " "I am positive lhat I didn't swear ; that would bo my best recollection. " " \ou felt Ihe boating of her heart at that time ? " " 1 don't recollect the beating of her heart.11 "You chafed he hands ? " "I did. " "You called to her ? " " 1 called to her again. " "What did you say to her ? " "I called her by name , 1 begged to her and called to her. " IT DIDN'T OCCUR TO HIM. "When you lit the lamp and saw it was the body of your wife didn't you pick her UP and put her ou the bed ? " "It didn't occur to mo to do that. " "You didn't know when you lit the lamp whether life was exlinct or nol ? " "When I lit tnat lamp or bcforo I lit it ? " "Immediately after you had lit it didn't you know whether Jifo was extinct or not ? " "I did not know , and 1 certainly hoped thai il was not. " . "And vou wailed around hoping she might speak lo you ? " rl did so. " "And you didn't go after the doctor because you wanted to bo there if she re vived Mifliclontly enough lo speak ? " "I did waul lo slay and hear her speak. " With a few more questions , the cross- examination was concluded. Laucr ap peared very much relieved , despite Iho fad that ho had coutradicled himself in more than one instance. KP.-DIItl'.Cr EXAMINATION. On re-direct examination Laucr stated that ho Irul never struck his wife but twice on the occasions mentioned. Then ho struck her wilh Iho open palm of his hand. Witness never heard of or saw Emma Hell , and her story of the cran berry sauoo was entirely false. Witness did not talk to his wife about their past troubles after the reconciliaton , nor waa the matter over brought up again. The state making no objection Mr. Tliurston read the testimony of Captain T. W. T. Richards ' 6n the subject of the sloy'e which was in , Luuer's room on the night of the tragedy. This was Intro duced for tins purpose of showing Hint when "shaken down" for Iho night the stove gave out little or no light. The lat- tur part of the testimony told of the ex- pertinents which had been made by the eomnillteo of gentlemen for the purpose of determining the amount of light thrown out by tno stovo. The cross-examination part of the testi mony was read by Mr. Simoral for the state. The testimony of Mrs. Hen Gallagher , another absent witness , was also read. Shu testified to the pleasant rel.Uions which existed between Mr. and Mrs. Lauer before the hitter's death. WITNESSES RECALLED. Mr. Chas. Savage was recalled and tes tified that the Lauer house extended about eleven feel back ot his house which was next door. Matt Gahlon was also recalled. Ho testified to having gone into the kitchen the morning alter the tragedy , ami found the supper dishes unwashed. Ho also saw signs of cooked sausages and several uncooked sausages. " \Miatdoyoueallasignof a cooked sausage ? " asked General Cowin. The little Irishman scratched hix head contemplatively and replied : "Tho rind. ' Mr. S. A. Orchard testified to the dale of the purchase of Lauer's carpets , on October 10 , 1S83. LAl'Elt'S M ! T.1I. Miss Minerva Laui-r , the sister , testified , next. She is a bright , nervous litlle lady and told what she had to say with no hnsita tion. She was not so dramatic as on the occasion of Iho last trial. She said that she was Iwcnly-four years of ago and had resided in Omaha since Juno , 1S > . "I saw nearly all of their daily life , " she said "with the exception of a few days. Their conduct toward each oilier was most pleasant. Nothing other than of a pleasant character occurred between them. Mr. Lauer always spent his evenings - ingst homo , except when he was called away out of the city. They worn always reading and singing together , chatting logolher , or something of Iho sort. I could hear distinctly from my room on the second story wurything that went on below and 1 never heard them quarrel ing logelher. [ Hero Iho counsel for the defence asked Iho witness to idcnlify Iwo loiters written by Mrs. Lauor to her hus band. They wcro then read in evidence and ruled out by Iho court , ] "On the afternoon before the tragedy I went out walking with a friend as it was a very pleasant day. I came homo that evening about ? o'clock and retired early. I could hear Mr. and Mrs. Lauer reading , talking and singing to gether. Then I heard them reliro , I should say about 0 o'clock. Then I heard my brother's heavy breathing. The next thine I heard was the report of a pistol and loud yell. Heard my brother utter exclaimations of despair. 1 rushed down stairs wanting lo get out of doors bcforo the burglars , as I supposed they were , could reach mo. I succeeded in reaching the front door and was just about to go out when my brother came to the door. I saw the look of despair on his face. Ho shouted , 'Oh , my ( .oil , Minerva , I've mistaken Sallie for a burglar and shot her ! Oh , come to Sallie ! Come , quick ! ' " 1 rushed out to get help and aroused the neighbors. ( Here Iho witness detailed how she had succeeded in arousing Iho neighborhood. She was dressed only In her night clothes , and was taken to Mrs. Savage's house , where additional cloth ing was furnished her. ) General Cowin cross-examined Hie wit ness closely. "My brother and sister throw open their homo to mo , and I came to them as a visitor , and , " said Miss Lauer. "they were always affectionate , i have seen them embrace eacli oilier and kiss each other. " "Did you see thorn romp about like lit tle children ? " asked General Cowin. "No , " replied the witness quickly , "they wore not silly. " This little side play caused a ripple of laughter through out the court room. LAUER'S VIRTUES. " } ou never saw a kinder husband , did yon ? " "No , sir. " "Thoro was no defect in his conduct toward her , was there ? " "No , ho was kindness itself. " "Ho wasn't a quick tempered man was lie ? " "I don't think ho was , " replied Miss Laucr. "Yon have seen him out of temper , haven't you ? " "Yes , but never with his wife. " Miss Joiner ihcn told how she spent a week at Mrs. Savage's house next door , when she was sick. "You went thorp , because you couldn't get proper treatment at Lauer's house , didn't " you ? "No , sir. " "Didn't yon over say to Mrs. J. W. Her in substance as follows : 'Some tin ) i after 1 came here a certain man callol at Lauer's liouso whom Lauor said wan no gentleman and instructed Sallie no * ; to speak to him. And she replied Til sneak to him when I please and if you don't like it , there's Iho door. And did you say lhat you thought that was pretty harsh troalmont for Sallie to give John , but when you found out how ho trealed 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 an intruder in this household , "because John and Sallie wcro so wrapt up in each other. " While being cross-examined on this branch of the subject , Judge Noiville ab ruptly broke in and adjourned court until 0:80 : this morning. Electric Lustre Starch is hailed with delight by eveiy housekeeper and hum dress. Marshal Tom Lynch , of South Omaha , received yesterday a letter from his mother who is iu Ireland. In Ihe letlor was a largo bunch of shamrocks which "leaved" all . are four over. 'OWDEB ' Absolutely Pure- Tlilspowdcr ncvervarlen. A marvel ol purity.strengtli anil wliolcsoinenew. More economic thnn the ordinary kinds nd cannot be sold In coin Petition wi'h the mul titude ; of low test , short weight alum or phosphate powder * . Sold only in cam. Hoval IlaVinj Powder Col06 Wal | meet , New York.