St. Louis Post-Dispatch
March 12, 1907

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ONLY SI. LOUIS EVENING NEWSPAPER - WITH ASSC

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“SOCIAL LEADER WIFE “HELL GAT’ . aya Charles W. Prosser Al- _ leges Her Husband Threw Her to the Floor.

a “ae ’ ~2 se oid © ta - BHE WANTS A DIVORCE

plies to His Suit by a Coun- ter Plea for Separa- tion. osser Says He Pities,, but Does Not Censure His ‘Wife.

~~ Mrs. Daisy K. Prosser, whose hus- nd, Charles W. Prosser, three éeks ago sued for divorce and the tustody of their three children, has pie an answer to his petition and a »\-erossbill, in which she aharges him ‘With want of affection amd mistreat- | Snent of her that made it impossible for her to live happily with him. Both petitions were filed in the Cir- _ uit Court of St. Charles, where Mr. @nd Mrs. Prosser have for several rs been among the social leaders. ttorneys esent Mrs. Fautleroy of St. uls represent rs. Prosser and At- rney harles W. Wilson, n The hearing of the suits is set for «a fl tee owing to the aljsence of bers rosser’s family it is be- - that “rial will be postponed un- ra. Prosser alleges that her husband “an gnoramus,”” ‘‘liar,’’ Mhell-cat, ne and that once, when she at- ed to caress him, he threw her to or and declared that the happiest in his life would be that on which could behold her ‘‘dead face.’’ Once, vd Pree. her husband ad- r her hus-

rown herself in the Threat of Ostraciam. charged that Prosser told his king the tended getting a divorce, that when he “got through she wouldn’ t have a friend in Robert, died, , r alleges she went to her aq pend for comfort and affection. His wer, she says, was an accusation at she was responsible for the child's os th. She says he threw her violently “tito the floor and declared that he didn’t at to see her again. arges of infidelity were made e cine: her by her husband, Mrs. Pros- ms + per says. She alleges that Prosser -@rank to excess, . hg When their daughter, Kathlyn, was ill, Mrs. Prosser alleges, her husband sold - © their took the money and went to St. Louis, leaving no funds be ~- the house. Shé says she was com- o led to send for her father and ob- ined means from him. Lh cy, en Prosser returned and found his i} father-in-law in the house, Mrs. Prosser | ys, he declared that he could no longer _ Hive with her and threatened divorce. eo Prosser asks the custody of their | Rintteoes Kathlyn, 9, Morris, 7, and *~Chartes, 5 years old. © 2 Prosser’s allegations were that his ‘wife used violent and improper language -» 49 addressing him, and that she made his e at home so unpleasant that he could tg live with her. Saat anna Calling Wife “Hell Cat.” "a ; sser was seen Tuesday at the lbouthers Hotel, and the charges of his _ wife's crossbill were shown to him. » “It is true that I once told my wife ‘@he was a hell cat, and came from a family of hell cats, * sald Prosser, ‘‘but Ll the er allegations in that peti- peion are untrue. Tam too much a man Yo strike a woman. I may, when goaded »d age endurance, have spoken to my , as I would never have done in r moments, but I have never sub- ~— to the mistreatment she 1902, when their son, Prosse . tages ‘FS hs In 7 auh ”) : A . sa ag > cow and horse, in bed and she struck me on the a with the heel of her sif~per, I did and stand her against the wall, yping her lightly on eithet cheek. as would reprove aie child. That ’* have hurt her. It was neces- s in order to let her know that her ee tices couldn’t continue. > “A month after my marriage I 4is- r I have regretted it since. For 18 years I have been ang, for the children’s sake, to, stave thing off—to prevent the himilia- of a public suit. Things finally e. : a point that I could en- dure them no longer. “A month ago my mother, a woman } years old, and tn perfect health, came my home op a visit. Three weeks Mater she died. Her children will tes- that she died of a broken heart om what she saw in my home, ey is simply a case of a badly reared -. too much mother-in-law. My | was spoiled and humored from her irl? hood. It ruined her temper. My ¢ y feeling toward her is of pity—not ; Censure, and I have told my attorney t all along. It is extremely unfor- mate that tt this suit should have been it most of all for . Lived tn Stately Home. They were married in Adrian,. Mich., both thete families corns in 1891. urles r occu od 8 tate- home in the western part of the so torn. entertained frequent y and lavish- ne Prosser is an exceptionally at- woman, a a = B fasnlty er see n Betere her Weert vy K. Mulvane., in Bt, Paul, Bea

ST, CHARLES MAN SEEKING DIVORCE.

- —t4 wae Vo Prosser

~~ —o--- \ SAY HE ROBBED STATUE. New York Youth Convicted of Stealing Tablet, NEW YORK, eee 12.—Albeft Bob- man, 19 years old, was convicted yester- day in the Queens County Court of stealing the bronze tablet for the mon- ument to the Slocum’ victims in the Lutheran Cemetery on Nov. 9, 1906. Three out of the others are under ar- rest, for complicity in the robbery. The testimony brought out yesterday was that the thieves stripped the tablet from the monument with a pick, buried it for the night, and the next morning brake it into small pieces and disfigured it further witht fire. They sold the fragments o's a Junk man for $14.30. GOLD WATCH AMID HUSKS. Edwardsville Thief Leaves More Than He Takes. Altheugh Henry F. Bollmann of Edwardsville has advertised for the owner of a gold watch and fob, which he found, he doubts’ whether the last owner will come forward to claim them. Bollmann found, Monday morning, that his barn had been robbed. The thief had shelled about a bushel of corn and had carried it away. Clearing away the cobs, which had been eft, Bollmann found the watch and fob. Mrs. Ben Funke of Clay street, Ed- wardsville, found a burglar at work opening a window on her front perch Sunday. She armed herself with her husband’s revolver, and, with her baby in her arms, stepped suddenly eut on the porch. At her appearance he fled. She fired at him, and, when he had dis- appeared, became frightened and ran to the home of a neighbor. GOT A ‘DIME, LOST HORSE. Hungry Boy Tricked by a Ve- hicle Thief, Lincoln Beyles, 13 years old, felt proud of himself as he drove his fath- er’s one-horse wagon along the Gra- vois read near Eighteenth street. He thought it fine to be intrusted with the responsible duty ef teamster. At Eighteenth street a man in a slouch hat asked Lincoln if he did net want to haul seme ceal. Lincoln did. The stranger asked him if he had eaten supper, and when Lincoln said he had not, gave him 10 cents. As the poy entered the door ef a bakery near- y, he saw the man jump into the wegen, whip up the horse and drive diy away. tto Beyles of 2248 Old Manchetser road, the father, told the police Tues- day ‘of the boy’s experience. VISIONS OF A MEDAL. But Brave Higgins Found Only Burning Chair. An alarm had been sounded for the fire department, and there was great excitement at 8 a. m. Tuesday around Leffingwell and Mills streets as cries of “Fire! Fire!’ emanated from the home of Adrian Russell at 2735 Mills street. Around the.corner dashed Policeman Higgins. “There's a baby in the house,” Somebody in the crowd. Policeman Higgins, with visions of a Carnegie medal, braved the smoke that confronted him at the door and entered. A moment later he emerged. At arm's length he held a high chair, and in the other hand an unburned portion of a baby's dress. “There's your fire, " he said with dis- ee ‘@ an overheated stove in- > The fire laddies played a hand chemi- cal on the chair for a minute and de- parted, HIS FAMILY PAYS $50,000. Breach of Promise Suit Stopped Gallatin’s Honeymoon. Special to the Post-Dispatch. NEW YORK, March 12.—Handsome “Jack” Gallatin is now free to sail o'er the blue seas with his bride on the honeymoon trip, which was recently in- terrupted by a former sweetheart. His family agreed to settle the $50,000 breach of promise suit against him by Miss Eithel Kelly, an actress, by the payment of $20,000 Jameés Nicholson Gallatin, known as “Jack"’ in the White Light district, Was arrested on Feb. 4 last upon com- plaint of Miss Kelty, just as he was about to sail for Europe with his bride. +" married on Feb. 1 in Providence, R. Tie as Ida Robinsdn Adams, youngest ughter of . the late Al Adams, the Poll fey King.” It was his second mat- rimonial venture. In 1902 he secretly married Miss Pauline Cory, daughter of Mre. David Cory, but she got a divorce within a year. Previous to that Galla- tin Was en ed to Mrs. na Wallace Hopper, but his family broke off this matc Gallatin, who is now 2 years old, nas . pone through about $700,000 since he d his majority. He comes from a = Uesmeestabion and wealth amy. his ndfather os Albert latin, once retary of Treasury. Saloon License Revoked. Excise Commissioner Mulvihill has re- ._~ saloon ‘of Henry C. or violat- or in citi-

. Said

sas othes arb eS = of beer RELATIVE OF sociate counsel. soeponed to allow the examination of] lice opinion, Thaw was rational. When Evelyn Thaw was on t and Dr. WaITE ALLOWED 70 TAKE STAND , § ol

Court Overrules Delmas’ Objec- tion to the Testimony of Brother-in-Law.

ARGUMENTS GROW WARM

Attorney Hartridge Refers to Numerous Delays in Open- ing Thaw’s Trial.

_|CALLS MOVES MYSTERIOUS

Delmas Refuses to Assume the Task of Enlightening Dis- trict Attorney,

(BY ASSOCIATED PRESS.) NEW YORK, March 12.—Justice Fitz- gerald this morning allowed District At- torney Jerome to call James Clinch Smith, a brother-ih-law of Stanford White, as a witness in chief at the Thaw trial. Smith talked with Thaw on Madison Square Roof Garden the night of the shooting of White, but his examination yesterday had proceeded only to the point of his -conversation when the defense interposed an objec- tion. This objection was overruled by the Judge this morning after long argu- ments had been made by attorneys for both sides. The discussion became heat- ed at times, Mr. Hartridge recalling the numerous delays in bringing Thaw to trial. Smith was out of the court's jurisdiction when the trial began. Argument Is Continued. With the resumption of the Thaw trial this morning, Mr. Delmas, lead- ing counsel for the defense, continued his argument of yesterday as to the admissibility of the testimony of James Clinch Smith, a brother-in-law of Stanford White. who was absent from the country when the prosecu- tion put in its case in chief against Harry K. Thaw and who was intro- duced as a witness yesterday after- noon'by District Attorney Jerome to tell of certain conversations he had with Thaw on the Madison Square roof the night Stanford White was shot and killed. Mr. Delmas contended that Mr. Smith should properly have been examined at the beginning of the trial and could not testify at this time as in rebuttal. Mr. Jerome asked that the Court ex- ercise its discretion in giving the jury the benefit of testimony of a witness who was not available at the time the case Was set for trial. Mr. Smith for- mally was recalled to the stand when the argument began this morning. Mr. Jerome began to detail all the facts regarding the delay in bringing Thaw to trial and the steps'taken by both sides to get an immediate trial and to obtain certain testimony by commission, Mr. Hartridge occasion- ally interrupting to correct the Dis- trict Attorney in details of the story. Once Mr. Hartridge made an extensive argument, Mr. Jerome protesting the While that the attorney allow him to proceed. Mr. Figrtridge said that the District Attorney's office had changed the case Ome afternoon from the Court of General sessions to the Supreme Court without any notice whatever to the defense. “The witness Smith left the city al- most immediately after the tragedy,’’ said Mr. Hartridge hotly, ‘“‘and he con- tinued to absent himself for a long time. Suddenly he comes back. Surely Mrs. White knew that her brother was in the city and she was in constant touch with the District Attorney. Then Smith sails away again last Christmas when it was known this case was coming up for an early trial,’’ Here Mr. Jerome was allowed to pro- ceed. He finally said: “I will not present to Your Honor the legal basis for my request.’ ‘I do not understand what the learned District Attorney means by legal basis,’’ — Mr. Delmas; ‘“‘his language is not ear.’ “Mr. Delmas will have to pardon my lack of experience and education and my inability to make myself clear in the English language,"’ responded Mr. Je- rome. “By legal basis I mean the stat- utes and the law tn the case.’ “My understanding of the term is not the same,” said Mr. Delmas, “and 1, see no reason for the District Attorney’ S| petty Sarcasm and loss of temper.’ “I spoke more in sorrow. than anger, replied Mr. Jerome and argument ended in a general laugh. Mr. Delmas, however, precipitated an- other conflict with the District Attorney by calling attention to the fact that Mr. Jerome had not definitely fixed the dates of Smith's departure for Europe. ibe want to caution the District Attor- continued Mr. Delmas. need no caution, no information from the counsel,” rejoined Mr. Jerome. ‘No,”’ said Mr. Delmas, ‘“‘and I am not willing to undertake the arduous task of imparting any information to the learned District Attorney.’ Justice Fitzgerald here interrupted to ony he was ready to rule on the point issue. Mr. Delmas then requested 15 minutes in which to confer with as- The request was grant- ed and a recess was ordered. In the heated argument regarding the admissibility of Smith's evidence, Dis- trict Attorney Jerome declared that he had only recently learned of the tmpor- tance of Smith as a witness. Justice Fitgzerald, overruling the defense's ob- jection, said Mr. Smith's evidence was newly discovered and should be given to the jurv. Smith's examination was

in the ; | ney, lice Officer Edward F. Howe, who on the night of June % last, met Police- man Wright, who-had Thaw in cus- tody. He accompanied them to the o station. The witness said, {s called. stand Flint confronted her, she de- that she had ever seen him. Dr. erome reluctan Dr. Cariton Flint was he anewered Mr.

nied feos | pe said he knew Jack de Ruelle been killed by the ex der Magazine on boar tleahip lena today. thought to have PITCHER HYNES SHOT TO DEATH IN SALOON ROW Killed by Bartender Richardson in Quarrel Over Payment for Two Beers.

SELF - DEFENSE CLAIMED

Chased Saloon Man Behind the Bar With Heavy Mop Handle.

WITNESS CORROBORATES ae Deputy Sheriff Takes Richard- son to Police Station, Where He Tells Story. i a oe Patrick J. Hynes, who was two sea- sons ago pitcher for the St. Louis Brewns and who was signed with Mil- waukee for the coming season, was shot in the head and killed in the sa- loon of Henry Von Stein Grover at 6116 Easton avenue at 2:45 a. m. TueSday by Louis W. Richardson of 1832 O'Fallon street, the bartender. Richardson’s statement to the police is that he fired in self-defense. This is corroborated by -Wiliam O. Stans- bury of 6123 Ridge avenue, who wit- nessed the shooting. Stansbury is also held by the police as a witness. According to Richardson, Hynes en- tered the saloon accompanied by Mi- cheal Hessian of i421 Cleary street. Hynes ordered two beers, put did not offer to pay for tnem. Bartender’s Story. After the glasses had been emptied the bartender asked for payment. What followed is told by Richardson as fol- lows: ‘Hynes answered me jokingly: ‘Oh, that’s all right. I know Harry. Just charge this to the house.’ “I told him that we didn't do busi- ness that way. I said that a stand-off didn’t ‘go’ because we cqguldn’t pay rent that way. “Hynes made an answer and lost his temper. He picked up the pretzel bowl and threw it, just missing my head, and striking the sideboard back of the bar. Then he threw the spicehoider at me. The mop next caught his eye and he began to flourish it In the air. Mak- fhe motions as though he would hit me he ran behind the bar. “I thought it was time to defend my- self, and, taking a revolver from a drawer, I leveled it at Hy nés. It didn’t stop him, and I shot twice.’ One of the bullets entered Hynes’ head above the left eye, piercing the brain. The other bullet went wide and was imbedded in the woodwork. Arrested by Deputy Sheriff. Richardson remained in the saloon, and so did Stansbury. Hessian, how- ever, left immediately. Deputy Sheriff Geekie arrested Richardson and Stans- bury. They were taken to the Deer Street Police Station and afterward transferred to the Forest Park Sta- tion. Hessian was found later by the po- lice. He refused to make any State- ment. Hynes was born and reared in S8t. Louis. He was 23 years old, and his home was at 6123 Ridge avenue. Although the same address is given for Hynes and Stansbury, they did not live in the same house. Stansbury’s home is just across, the county line, and Hynes lived within the city limits, Ready to Go to Milwaukee. Hynes would have been 23 years old today had he lived. He completed his preparations yesterday for leaving to join the Milwaukee team, with which he had signed for 1907. His clothes were already laid out in his room and his suitcase stood open prepared to receive the garments. A telegram received at the house last night had never been read by him. It was from the sporting editor of a Milwaukee paper, asking for his photograph to be used in a group pics ture of the Milwaukee team, The Hynes family includes the father, Patrick Hynes, and mother, the former 54 and the latter 560 years old; also two sisters, Miss Marie Hynes and rs. Fred J. Bussmiller. None of the family knew anything about the killing, and none was in a condition to talk coher- ently for grief, though the old mother did say that she was glad he was the victim rather than that he should have been the slayer. All the family stated that Hynes did not drink excessively and that he was not of a quarrelsome disposition. He had been a baseball en- thusiast all his life, having been cap- tain of the Ben Millers, a local amateur team, when but 13 years old. Last year he pitched for the Milwaukee team, and through his efforts more than any other one man, the family.said, he landed the team in second place in the league to which the club belongs. CONDUCTOR IS ROBBED.

His Watch Stolen as He Ljects Passenger. Not even the conductors themselves are immune to the soft touch of the street car robbere. Conductor George of the Meramec division was m the act of efecting an intoxicated passenger from his car at Twelfth and Market streets Monday evening. “Don't hurt the poor fellow,” said a platform passenger, throwing his arms A moment later De Ruelle missed his gold watch. It had been torn from the chain which was left dangling from his vest The passenger who had gone to the rescue of the drunken man had disappeared. 300 KILLED BY EXPLOSION. about De Ruelle’s waist.

Magazine on French Battleship |i: Fired by Torpedo. TOULAN, Be A March 12 «Svein to 300 men are reported to have osion of a pow- the French Aye Egy Ma? Sine Se | BASEBALL IN | Lips LAYE 1 12. 1907. PRICE one cent. ‘

oe Poze

R KILLED UARREL OVER TWO BEERS PATRICK J. HYNES.

1K bo} < ahi

WHILE YOURE INVESTIGATING, : MEssrs POLICE. ie KOMMISSIONERS, DONT OVERLOOK THE Thy PRESENT TARNIVAL OF CRIME, SEB! ib

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between 7 and 8 p. m; day, however, mometer had notch. Ap th risen

over this region M/ eastward, but anoth, its'heels out of the mediate prospects ail rain, with perhaps ?# f the temperature. th The rain Monday i] panied by hail, thun} suggestive of the s! a TRIES T0 A ate

James L, Cox Is i mony of sil si r Miss Blanche the Dayton peared in the Tuesday as compiain| L. Cox, aged 33, of 3 She accused him of fh her. Judge Tracy fi} costs. He filed notictl lo Miss Ross is 18 yeaii 6085 Wells avenue. Sik nette. “@he said shel’ home shortly after n she saw Cox at Toth Pine street. She ae fh Ross, |} Street ) side her and said: jr going for a walk?” | She hurried past thi fied, but he caught Chestnut street, ay leaned against a md at her. At the next: street, she said he: She called a rng arrested, Cox told Judge ‘4 and had two childre a ewitchman in the | minal Association. fk had @ver seen Miss |} peared !n the Police Walter Anderson, ¢}) ice switehman, testified: man Cox d beckon: neighbors of Cox, we acter witnesses. Cit son admitted their | fu ti called Policeman C: that Cox was disch eret service of the. ng the World's Fal' eged flirtations wit! pve stand, denied he. —_ Tracy recal}i}ed the stand and asked| if lutely positive in he wae brought up in /

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HY Wednesday ‘|i fhe hegan i: ‘finitely. ffiare is too mad ‘/ prella Hehances are that he will ip with the grip. } bued Hf orning was: ia ight iy ednesday; | Pooter |i Variable ‘minimum perature tonight Rout 45 degrees. § (Monday was 4) By 7 the mée bury The storm area witch ifday has moved ‘ing ras , March 7, ron ‘ C. lorner, beckoned n and hat he was to. in court as char- Attorney Ander- e a Continu- Weather. mad /}March Hare goes on he ill get wet, for rain which Monday ill continue in- The utdoors carry an um- and the be laid he forecast is- Tuesday to- and “Showers tonight; winds; tem- ° The minimum emperature night 46 degrees a. m. Tues- in the ther- the 59 degree was central is following on es and the im- t for nothing but slight drop in ht was accom- r and lightning, pene storm. S00 A l ST ied on Testi- | Blanche ssistant clerk of Court, ap- Police Court lice t against James Adams avenue. to flirt with Cox $100 and f appeal. is a pretty bru- on her way when avenue and ox came up be- Jearie, are you ~ is and lives at man, she testi- p with her at she said, he box and stared on Market to her. had him he was married He said he was mploy of the Ter- denied that he s before she ap- ourt r inspector and the Several men, mony and then on account of al- women. ad ever been dis- Cox, on “Miss Ross to she was abso- dentification. Cox int of the witness she said, looking

POLICEMAN 1S ALLEGED KISSER eee Ga ‘Hello’ Girl Declares Patrol- man Grabbed Her on Street at Night. Attempting to steal a kiss from a li- vear-old girl on the street is the basis of a charge of misconduct preferre! against Policeman George Ellenberger by Capt. Hanna of the Wyoming Street District Tuesday morning. The girl is Belle Vogel, a Bell telephone operator, living at 300 Lemp avenue. The offense, it is charged, was committed at 10:30 p. m. March 1. Miss Vogei was on from the telephone branch exchange, at Vandeventer avenue and Olive street, and when she was within a few feet of her’ home, she alleges, she was ac- costed by Ellenberger, in full uniform and on duty. “Been to the theater lately?’ Miss Vogel says Ellenberger remarked to her. “T guess your papa gets you lots of passes, sloesn't he?’’ Miss Vogel replied that she was on her way home from work. “Working, eh?’’ remarked Ellenberg- er, according to Miss Vogel's affidavit. “T remember when you went to the Gar- field School a year ago. You were aw- fully pretty then. All the boys wanted to carry your books fot you. Got any beaux now?’’ Miss Vogel replied that she was in a hurry and tried to pass Ellenberger, whereupon, she says, he grabbed the end of her fur collarette and sald: “Will you holler or tell your papa if I steal a kiss from you? Miss Vogel says she er ae her collarette and ranyaway from the po- liceman. le released his hold on the fur at the same time and she retained it. She later told her father, but ow- ing to the fact that she did not know the policeman’s name the filing of the charges was delayed several days. Policeman Ellenberger will be tried by the Board of Police Commissioners Fri- day and Miss Vogel will appear against him. her way home SL TE ON DODGING HUSBAND, HIT BY AN ENGINE Mrs. Estelle Sullivan Danger- ously Injured in Flight From Spouse. While trying to escape from her hus- band in the railroad yards at Second and Brooklyn streets at 11:45 p. m. Mon- day, Mrs. Estelle Sullivan, 29 years old, of 4111. North Broadway was struck by a freight engine and dangerously in- jured. A physician found her right shoulder dislocated, several ribs broken and in- ternal injuries. Mrs. Sullivan told the police that she quarreled with her husband, Michael, at Broadway and Mound street, and that he knocked her down She ran south on Broadway to Brooklyn and then turned east to Second street. She dodged behind a box car to elude her husband, who was still in pursuit, and then stepped in front of freight en- gine No. 4 of the Chicago & Eastern Ii- linois Rallway. The engine struck her and she was thrown in the alr. Aid Woman and Catch Husband. Engineer W. H. Stubbs and Fereman G. A. Lindsey ran to the assistance ef the woman. They picked her up and asked her what she was doing in the rallread yarda. She was barely conscious, but Serntee acroas the tracks to her husband. Stubbs and Lindsey held Sullivan un- til a policeman arrived. He was then taken to the North Market Street Sta- tion and locked up. Mrs. Sullivan was gent to the North End I ahe refused to H. B. Johnsen of 2433 N. was called in. He pronounced Mrs. Sul- livan’s cendition serious The only atatement Sullivan would make about the affair was that his wife was hy sterical. Protest Against Rents. ROME. in house rents

March 1°2.—The growing tin- is n with HOLDS BERGMANN KILLCD WOMAN » | wr Quernhcim Murder Committed by Him Alone, According to the Verdict. MUESSEMEYER’S Friends Say He Hadn’t the Nerve to Mix in a Killing,

ALIBI

MOVEMENTS ARE TRACED

Three ‘Nomen Saw- Him at Probable Time of the Crime.

investigation of the death of Mrs. Kate Quernheim, who was killed’ in her home, 3720 Vest ave- nue, last Thursday, ended Tuesday morning, and the jury's verdict is that the woman was murdered by Edward Beigmann, alias Ed McGuire, nephew of Mrs. Quernheim’s husband. The three witnesses whose testimony closed the inquest are Mrs. Margaret Stamm of 3826 North Twenty-first street and her two daughters, eresa and Lizzie Stamm. Their statements were made in behalf of Harry Muesse- meyer, who had been drinking with Bergmann the afternoon the crime was committed. Elmer Burklin, a 14-year-old High School boy, whose home at 3730 Vest avenue is but a few doors from the Q@uernheim house, Monday stated that he had seen Muessemeyer near the Quernheim house about the time the murder was: committed. Muessemeyer denied Mrs. Stamm and her. two daughters told the jury Tuesday morning that Muessemeyer had been in their house Thursday afternoon between 5 and 6 o‘clock. They said he was intoxicated at the time and was taken home by John Collenberg. Muessemeyer’s Alibi. Persons who were with Harry Muesse- meyer and who saw him Thursday, the day Mrs. Quernheim was murdered, de- clare that at no time during the day was he near the Quernheim home. Hie is 21 years old and probably the youngest member of a group of young ren and voys, for the most part huck- sters, who make their headquarters at ‘Iwenty-first street and Bremen avenue. The verdict of his companions is that ‘ ‘Mussy’ never knew anything about the murder, because he hasn't nerve enough to have anything to do with a thing like that.” The day of the tragedy he was first secn at 6 o clock in the morning after he had left his own home at 4029 North Twenty-second street. Fle went to the house of Ed Kelting, 3812 Florissant ave- nue. ‘***Mussy’ and | went down to Union Market \about 7 o'clock,” said Kelling. “We wanted to get a wagonjand go to work. Down there we talked’to Martin Hyland. He couldn't give us the wagon, so we walked back to Twenty-first street and Bremen avenue, Back in the alley we met Henry Heckenberg.”’ Heckenberg Takes Up Story. Heckenberg lives at 4015 North Twen- tieth street. He saw Muessemeyer a number of times during day. He said. “When ‘Mussy’ and hHKeiting back about 10 o'clock that morning we three hung around the corner. until noon, when Muessemeyer went home for dinner, I think it was about 1 o'clock wher. he came back. Five of us were then in the alley back of Sewester's poolroom near iwenty-first street {nd Bremen avenue. We were drinking beer. In the crowd were John Rose of 148 North Park place, Casper ‘““Tap’’ Schut- te, whe lives at the same address; Gus Kose of 441 North ‘Twentieth streét, Inelting and 4. ' “About that time, 1 o'clock, ‘Sneery Eddie’ (Bergmann, alias McGuire), the man the police say Killed Mrs. Quern- heim, came along. “He was in the alley with us for at least an hour. During that time we had not less than six cans of beer and Bergmann, they say that’s ‘Sneery Ed- die’s real name—paid for all of them. He seemed to have money, and we let him buy as much as he wanted to. He had a gun with him then because he showed it to us. I| think it waa about 2 o'clock when he left us and went to the barber shop and got his hair cut. ‘Mussy’ was with us until he came back and then ‘Musgy’ and ‘Sneery Eddie’ went over to HManey’s saloon. We didn't go with them.” Statements made by each of the oth- ers who were in the alley drinking with Bergmann bear out what Heckenberg says . The saloon of James L. Haney is at 2031 Bremen avenue, just across the atreet from the alley in which the boys had been drinking. At Maney’s Saloon. George Ott of #33 Fiorissant avenue was behind the bar when Muessemeyer and Bergmann entered the saloon, “They and the two soldiers they met here were in the saloon and were drink- ing and talking untill | went off duty at 4:3 o'clock. 1 go off at that hour every day,” is the statement made by Ott. James lL. Haney, proprietor of the sa- peer relieved Ott. “I remember rg- man Mu Mo and the two ouaies with them that afternoon,” said. here together about 4 quarter of be five minutes wrong about that, re.” The Coroner's the statement. the came CORONER'S JURY ROLLERS BROTHER SAYS HE IS “BUSTED Plaintiff -in Mine Litigation Laughs With Court Crowd at Statement, SUES FOR MONEY BACK

Spent $65,000 on Southwest Missouri Property He Paid / $200,000 For.

“RICHEST EVER”

Frank Réckefeller, brother of John Bes Rockefelier, the richest man in Amer ica, swore in Judge Re olds’ court — Tuesday that he ig “bust This statement was mete while Rocks — efeller was giving testimony in 4 sult_ te recover $266,000 from Henry Gross, — from whom Rockefeller pvutchased @& lead and zinc miné in Newton and Law- rence counties, _Missouri. Rockefeller joined heartily in the laugh which his” remark caused. The condition of Rockefeller's omni was brought out on cross-exam by Attorney Seneca N. Taylor. Louis lawyer asked Rockefeller a his Standard Oil connections and = de als on the stock market, ‘You were formerly identified Standard Oib interests, were you not?’ asked Attorney Tayler. : “Prior to 1337 was,’ brother of the ofl king. — “And you have dealt »: bonds?" “Yes, I have,” “Are you doing it ocaiher “No; I _ ‘bus ee The remar << great a provoked genera ayn ler seemed to ne as m™m ‘ his poverty a8 an Before telling the Co “broke,” Rockefeller wernt tails of the transaction, whieh ‘to . resulted in his loss. His testimony = a continuation of that which he gaye — Monday afternoon. eT Rockefeller bought the Gobbler in Newton and Lawrence counties, Oct. 1, 1900, from Henry Gross. it supposed to be the most phen mine ever discovered in the Southwest. Missouri lead and zinc belt. but after had spent $45,000 in development Mr. Rockefeller said. he found that could not be operated profitably. Says Effects Were Deceiving. He alleges that he was induced to buy — by misrepresentations and will attempt — to show that the ‘‘crystal palace” effects witnessed by him when he visited the mine did not faithfully represent the worth of the deposit. jross denies that advantage was taken is of Rockefeller, and says the conditions — were as represented to him. Rockefeller is suing for restitution ot the $265.000 which he says he «@ the mine. On taking the stand Monday, MPF. Rockefeller told of purchasing the mi ing property for $200,000, and said hla tention was first drawn to the matter by R. D. Swaine, who stated that fe. was associated with R. K. Pitkin and men named McPherson and Stillwell, Pitkin later represented to him that the property they had for sale was the most phenomenal and largest zine giine ever discovered in the Bouthwest coun- try and that there was a solld sheet of ore under 3 acres. Seller te Get 825,000. “He told me,” testified Rockefeller, | “that the mine would be sold for ra 0, of which $25,000 was to be the com — mission of himeelf and hip associates. “tT ealid to him: ‘I amno gine mi lam busy and must go West. Go to your people and tell them to send me a description of the property Mm. writing.’ oey received a letter from him in Kane — sas City Oct. 3), 19. A week me 2 went down to see the property. taken down.in shaft No. 3%. During rae eet = stay in the mine Gross and Pitkin constantly calling my attention les of ore. In the center room pillar 13 to 15 feet high and 10 thickness, which appeared to be tically solid ginc ore Like Great Crystal Palace. ‘The walls of the room had the same appearance. The lights carried by the party made it look like one great ory@- tal aiace “The fioor also ——— “i to be of oti. about to be ma we went over. A blast wae made ore brought - drili-hole records, was agg: Gi} a question of its identity be-ag Court adjourned to to permdt him to 4 an ore. Gross said the sheet of ore Gee) couple of tons of Mr. Gross was called to the “and One Hurt in in Collision at] “'Bomebody si ¢ at another sha Gross “littl red book,” without examining them tn

tended practically over a examined it. It wae very rich identify it. Ww shown by drill holes that had made ated that a very rich, Gross sald. ‘You see this - ; necta up with shaft No. 3° a ¢ was also asked to identify hole reports, and was unwilling to In a head-end collision on the Tino traction system Tuesday morning at oa~

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