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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 20, 1909)
II 1 K OMAHA DAILY 11KH: SAHKIUY. MAltCH CO, WOMAN SANESMSDR.T1LDEN Mrs. Banner Realised Her Action in Killing:, Afflrmi State". Expert. BATTLE OF ALIENISTS HI TRIAL P"'",f rrnhlrm to CtnaiDlrt. tlona n(nfra Haehaad Mi Wife Arises Orrr C'AaflleHaa; r hlaae of l,iif Book. As1d from their testimony the feature rf the day was the attempt of the mate to put Frank Runner, husband of the de fendant, on the stand. Ilia testimony wm objected to and the argument over thle da vcloped one of the moat peculiar situations ever known In the district court or Doug Is county. It all defends on the presence r shsenre of the letter "B" In a Ne-M-aska utatute. Communications between husband and. wife are privileged and one may not tee tlfy against the other by virtue of an old rule of the common law adopted In the coda of every atate In tha union. But there la another provlalon In the Nebraska statutes which refer to "preceding sec tion" or to a "preceding eeetlon," and t'rnvides that when the Interested party the deferdant) waives, the other rarty tnny testify with regard to the points cov ered by the other. Judge Sesrs had a copy of the at at ut en which rend "the preceding sections," and this -would Include tha aectlon which re lates to testimony of husband and wife. A4t.rny Oerlng's copy of the statute read the "preceding section," which would only include testimony of clergymen. Over night the attorneys and Judge Bears are examining further Into the matter. The defense denies any waiver, anyhow. Three Doctors Swear Her Insane. The defense not only put In the record statements by Drs. Greene and Wltte, the Imported experts, that Mrs. Banner y)aa InNttne, but It recalled Dr. McCrann of Booth Omaha, who, as the attendant of Mrs.. Banner for a long time, declared that ahe waa Insane. Mct'rann, whose expert encea on the stand Thursday were not ex actly pleasant, fared even worse yester day on cross-examination. "Was she of sound or unsound mind at the time she fired the shot?" ha waa asked on direct examination. "She waa hysterically insane." County Attorney English then took the witness. "Did you make any Inquiry as to what member of your distinguished profession performed the operation on Marjorle?" I did not." , "You were not Indignant about It?" "No." "You were not angry until Mrs. Banner .iccuscd you of lying to her?" I "No." , "Yon then made your speech o her?" "I object," Interrupted Gerlng. "to the vounly attorney's calling Dr. McCrann's atiiti'nicnt a 'speech.' " "You didn't care," English continued, 'what effect It might have upon hcrT" "I told her not to be guided by feelings, but to use her judgment." "Ymi thought her Insane at the time?" The witness admitted he did. ' Asked If Ha Advised Murder. "Did you after making thle speech then direct Iter to the neareat hardware store T" , "I object to the question," shouted Qerlng, "as Insiiltiii? to Dr. McCrann." Counsel for the defense waa sustained. ( "You let her go out Into the street, how ever?" pursued English. "Yes." "You were her family physician T'1 asked he county attorney with a hardly disguised ncer. "Yes." ' I Dr. . L.. Greene proved a less easy wlt r lies for the state to handle on cross examination than Dr. Wltte, who fa of equal eminence aa an alienist, but not so quick wltted as the Kankakee man, for merly of Nebraska. Dr. Oreene, who is superintendent of the Eastern Illinois Hos pital for the Insane, Is well known tn Ne braska and personally popular. Ho made ar. excellent impression. , The species of insanity which he and Wltte believe Mrs. Banner suffered from was further developed by his testimony aa helns a form of "exhaustion Dsychosls." what Is known as "delirium collapse." With his testimony the defense rested and the state called Dr. Tllden. His qualifica tions were first set forth, the witness statr lug that lie had Investigated several thou) sand cases of Insanity as Insane commis si sloner snd had BDeclaliaed In mental dls- I eases as well. IMerclnar Scream Interrupts. The county attorney then read him an addition of his own to the defense's hypothetical question, which Included the state's chief testimony with regard to tl visits to the rlgar store In ssreh of Fre-l Manner, the purchas of the revolver ar.d so on. 'That the defendant came armas the street, that her husband rre and went toward her, that she waved him aside and going up to Fred Banner shot hint dead, that" a piercing scream startled the court room at this plnt. Mrs. Josrphlne Fanner, mother of the dead man had been deeply agitated by the recital of the killing of her aon, and her grief for a few mtnutea waa Kud and uncontrollable. Attorney Gerlng asked that she he re moved from the court ron. hut Judge Bears would not assent. When Mrs. Uan ner bad recovered the county attorney went on with the mat of his questlrn. end ing with, "Would you say. Doctor, that she waa aane or insane?" "I think she was sane." 'Capable of distinguishing right from wrong with reference to that act?" 'She was capable." She Was apahle. On cross-examination of Dr. HIMen tier ing went after the white-haired physician j with a library of books by foreign nu thorilies. The attorney for the defense hud posted himself on classifications and de finitions of Insanity and for a time a battle royal waged. The witness held him even, however, Gerlng wished the wit ness to answer a hypothetical question, which left out the facts added by thT slate and Dr. Tllden refused to answer. After Tllden, Frank Banner was called. The argument over his testimony followed for some minutes, and then the matter went over until this morning. ( Mr. Josephine Banner testified for a few min utes before court adjourned. It did not seem llkel" at the close of court Friday that the case could be terminated today. "Mre. Atta Banner waa suffering from exhaustion Insanity when she shot and killed her brother-in-law, Fred Banner," declared Dr. Max E. Wltte. first of the alienists called by the defense In the trlnl of Mrs. Banner before Judge Scars of the district court Friday morning. Dr. Wltte Is superintendent of the Iowa Hospital for the Insane at Clarinda and a professor of mental diseases In the University of Iowa. A falr-slsed skeleton in the Hudspeth family closet waa laid bare through the testimony of Dr. Wltte, who has had under his care for several years John Hudspeth, formerly a lawyer rf Atlantic, la., and a brother of Mrs. Atta Banner. It developed on cross-examination that John Hudspeth's Insanity was discovered after he waa uccused of murdering a man and placing his body on the railroad tracks. English attacked the hypothetical question In piecemeal. "You have heard, doctor, of cases of do mestlo discord and separation and the members of the family stilt retained their sanity?" . "Yta," answered the expert, who ap parently did not relish the question. "Anything peculiar," English went on, "about a mother's working for a daughter and sending her to school?" "No," anawered the alienist. "Anything extraordinary In her being fond of her daughter?" "No." "Unusual for a mother" to wait upon her daughter when she was ill?" "No." "It does not of necessity lead to In sanity?" "The wear and tear would count." On redirect examination Gerlng asked what form of Insanity Mrs. Banner had, a fact not previously brought out. Dr. Wltte answered, "Exhaustion insanity.". At , this point court adjourned for the morning. Mrs. Banner Long? on Stand. Mrs. Banner occupied the stand for further cross-examination the greater part of the morning. The county attorney plied her with questions Intending to show deliberate purpose with regard to killing Fred Banner and also In the hope of shaking the de fense's contention that It was the sudden discovery of her daughter's condition which drove her to shoot Banner. Mrs. Banner became affected only during questions with regard to the shooting. She had a "haiy, a very hazy recollection of firing the shot. After that the whole world aeemed still." She had a dim recollection of having been In the hardware store where she bought the gun and did not know at the time she ap proacher Banner whether or not she had a gun In her hand. With the evidence of Dr. J. L. Greene, an other expert, the defenae will conclude. The state's rebuttal will not be lengthy and the case will go to the Jury some time Satur day. Dr. Greene is superintendent of the Illinois hospital for Insane at Kankakee. Alienist met alienist In the Banner mur der trial yesterday afternoon, the state In rebuttal calling Dr. George Tllden. He was Just aa emphatic that Mrs. Banner knew right from wrong when she killed Correct I?re8 for Men and JJoya Spring Top Coats Specially priced for Saturday. A spring; "topper" every man should have one. Tbe winter coat can now be exchanged for a dapper, lighter weight gar ment, and whatever style you prefer la here the shorter box coat the extreme coat and the between length. Every good material used In the making of fashionable spring coats has been employed in the making of ours and our prices are always as low as quality will admit. Rut we never allow a price to touch a point where quality ceases. These spring coats as they are now priced are exceptional values for Saturday's selling to The Rain Coat The ever useful member of a man's wardrobe. With a good raincoat you are ready for a hot. dry spring and summer or a cold wet one. It . matters . not whether It blows hot or cold, rains or shines, the rain coat is equal to any weather emergency and looks right at all times. The fabrics are worsteds and cheviots, cravenetted or rain proofed, and the cut and tailoring put them right to the front as a stylish, sensible garment for spring wear, and we can offer a real surprise In these presentable and dependable coats as they are now priced for Saturday's selling we've a long range of prices Rut one Is always better satisfied, we find, when they can Bclectfrom a big assortment, and we've by far the biggest In town we know It. SIO to $35 Boys Spring Clothes We believe that boys are real boys In tbe spring and summer. There is something in the air that sends them racing, Jump- ing and playing more than at any other season of the year. Hut don't restrain the boy rather bring him here and let us fix him out with clothes that will stand for the severe test he Is bound to give them. Handsome suits In several new models, single and double breasted styles, sailor Bults, Norfolk, Rus-i sian blouse, etc. We won der when looking at our mammoth collection 01 bbys', suits, what wanted style or color another could ask for- wo haven't got at the price she wants to pay from $2.50 to $10 Parents who read this aa and come In will be glad they noticed lt, for we've so many good things to show them. , - .:. . ... -"ti f jl 1 Willi" aMUMWMSiaj J!ILJMaa 1 K .;. .!.: . . 1 f k, : . ,- '. 'UIHiii Sc. VLyAv J-r h rJ Jt' wv Spring Hats We'd hat the world If wa could get at it we've hats enough for the people on It at any rate. You would think so too If you would come In and Bee the"new spring stock. We've hats for men of all ages, and our hats come from the best makers. They are carefully seleeted styles from the choicest productions of John H. Stetson complete assortments from $3.50 up to $12.00. A great collection from Crofut & Knapp's swell creations at $3, $4 ajid $6. The cream of Mallory'a celebrated hats at $2 and $2.60. The unexcelled no name hat company's hats at $2.50 and $3, and Youman's agency hats at $5. These manu facturers 'are undeniably the greatest hatters on earth. Every shade and color tone Is represented In this grand colossal spring gathering. We've never In our experience seen the equal of these qualities and styles at the price. We make uniforms of every description ffoiAlna' Spring Furnishings We've ho many beau tiful things in men's totfjrery and so little space to talk about them. We've searched the markets for the best things and most inter esting styles. Noted makers of shirts, neck wear, hosiery, gloves, etc., have contributed their Choicest Products Our mission Is the cor rect dressing of mankind, and our success depends upon the way wo do our work. We aim to have tbe best and we have It and the man who cares for choice and exclusive hab erdashery can always find It here. Fred Banner aa Drs. Greene and Wltte had been that ahe did not. Clean the City, Let Politics Go This is the Order of Health Commis sioner Connell to His Eight Sanitary Inspectors. "You men are employed to clean up the city physically, not politically, and from now on I will expect you to work assidu ously for the city from 8 o'clock in the morning until 6 In the afternoon." This notice to the eight sanitary Inspect ors was posted Friday by Health Commis sioner Connell In the office of the Board of Health In the city hall. The inspectors have been having It rather easy during the cold months, but wtlh the opening of spring the health commissioner says there Is no excuse for them to be Idle any of the time, hence the Instructions to eschew politics. The health commissioner will not aet a stated day for a general cleanup pn the part of citlxens until about the middle of April. Dakota Daaker Drops Dead. TYNDAI-L. S. V., March 19.-W. O. Youngworth, vice president of the First National bank, dropped dead while hunting near here today. TRAFFIC BUREAU NOW A FACT Joint Department for Grain Exchange and Commercial Club. M'VANN IS PLACED IN CHARGE Leaves Position of Secretory for Km. chance and the Arrangement Will Modlfr the Work of Commissioner Guild. Changea In the method of handling traf fic affairs will be made as a result of a meeting of the board of directors of the Omaha Grain exchange, which passed favorably on the projiosltion of the trans portation committee of the Commercial club to establish a trafflo bureau to care for traffic matters of the Grain exchange and Commercial club Jointly. The bureau will be established by mem bers of the Commercial club who are shlp pera; It will be controlled and supported by the Commercial club and Grain ex change and In direct charge of the trans portation committee of the Commercial club, reinforced by a strong representation of the Grain exchange. E. J. McVann, at present secretary of the Grain exchange, will take direct charge of the work of the bureau. The secretary ship of the grain exchange will be vacant when Mr. McVann takes up the work with the traffic bureau. It Is probable that another secretary will be elected who will be relieved of handling transportation matters which have been a large share of the duties of E. J. McVann. No changes will be made tn the Com merolal club except thjat Commissioner Guild will be relieved of the work of hand ling trafflo matters, enabling him to give attention to other matters tn the conduct of the club's affairs. Details of the new bureau are yet to be arranged by the committee. The action of the grain exchange waa final and until that action waa taken Thursday there was no certainty that the traffic bureau would bo established. Salsify Croquettes. Clean and grate, eight roots of vegetable oyster, previously boiled. Add to this four large spoons of sweet sream, two eggs well beaten and seaaon with pepper and salt. Mix In a quantity of cracker crumba to make It stiff enough to handle with a spoon. Then mold Into croquettes. Dip into egg and cracker crumbs and fry until brown In hot butter and cottolcne or lard. Bigger, Better, Busier That's what ad- To Clean (Uobea. When the globes from a chandelier have become dirty with smoke, they should be soaked In warm soda water, about twenty minutes. Then add a few drops of am monia and wash the globes well with a soaped flannel, rlnae in clean cold water, dry with a soft linen cloth. . Elsasser Sign Invites Actual Warfare at Last Will Be Outlawed if Movement Started by C. F. Harrison is Successful. While Pete Elsasser has been the sub ject of caustic remarka by business men for over a week because he erected what Is declared to be the "worst sign in Omaha," no one started anything to induce Elsasser to stand up for a more beautiful Omaha until C. F. Harrison of the real estate exchange announced Friday that he had a resolution prepared to be intro duced at the next meeting of the exchange which would give the barber-member of the city council a few pointers on his offensive sign. Mr. Harrison with J. II. Robblns, mem ber of the municipal affairs committee of the commercial club and president of the Real Estate exchange viewed the sign on Farnam street Friday morning. "It's an abomination," was the verdict of both men. "The signs ought all to come down," said Mr. Harrison. "We look through a forest of signs when we view Farnam street, yet the best looking fronts in the city are those of the Thompson & Belden store and the Ixjynl hotel where no signs over the sidewalks are permitted, Elsaaser Is a friend of mine, but his sign Is the worst offender to municipal beauty in the cltyyfcnd I will Introduce a resolution and follow it up to see If something cannot be done to have It removed or made lesa offensive." "No one but a member of the city council could erect such a sign and It won't do Elsaaser's chances of re-election any good," said one of the men fighting the sign. Why Women Uron Old. "Women, condemned to the steam-heated life of our American cities, fed on the too abundant meat diet, which Is our bane, breathing and sleeping wrongly, suffering the lack of physical exercise, which, oddly enough. Is the result of our so-called "busy" lives, continue to age and to lose suppleness, grace, vigor and natural charm," writes Kate Masterson In Col lier's. "All the wonder-working grease and bleaching acids In tha world will not do more than achieve a surface smooth ness that sometimes In women paat middle age creates an almost uncanny effect of mere flesh culture, covering a hopeless posture of youthfulncss." Itallvray otes and Personals. Edson Rich, general sttorney for Ne braska for the V'nl'ui raclflc, left Friday for St. Pairl. Hal Kui-klngham, chief clerk in the gen eral freight offices of the Burlington, who has been at Kannns Cfty for three days checking freight rates, has returned. yf-. J-rvy' ' aT y .lL'Jt It wasn't the name that made the fame of mm It was the goodness of the crackers that made the fame of the name- O) n o) 2)M I l i i NATIONAL BISCUIT COMPANY Sold only in moisturt proof packages.