Show SHORT TRIAL FOR FORI RILEY IS ASSURED I Alleged Murderer of Grocer Fassell Begins Fight for His Life JACOBSON TELLS STORY ONLY WITNESS TO TRAGEDY ACCUSES THE DEFENDANT DEPENDANT I James Riley began his fight tight tor for life lite In n the district court before Judge T TD TD D 3 Lewis yesterday morning when the state through District Attorney Fred C Loofbourow outlined Its case In which It Intends to prove Riley guilty of oC the murder of George W Fassell on the night of March 26 1910 After Atter consuming practically two weeks In procuring a D jury jUr the trial is likely to last Jut only another day before beCore the tho evidence evi evidence dence Is IB submitted to the Jury juO In outlining the case for tor the state yesterday District Attorney Loof Loot Loofbourow Loofbourow Introduced d as evidence a map or plan of the Fassell grocery store at East Fourth South street and J JW Jw W Mackey an of the tho county surveyors office testified as to the accuracy of ot the tho plans plon which were ex ox exhibited exhibited to the tho jury Mr Loofbourow related In detail the events at the grocery store beginning begin beginning ning at the time when whon at 9 inthe in inthe Inthe the evening three men mon rushed into the store and poking guns In the faces ol of Georgo George W V and A F Jacobson demanded that they the throw up their hands and turn over the tho cash ca h In their possession The district attorney re reviewed reviewed reviewed viewed the case up to the capture of the two men by the police poUce at the An Angel Angelus Angelus gel gelus us rooming house Jacobson Tells TeU Story A F Jacobson a butcher who wan WaR the tho only one excepting Fassell Fussell In the tho storo store at the time the three highway highwaymen men entered told the tho story of oC the crime with unfaltering precision and clearness and persistent nation on the part of ot James Jamos D Par Pardee Pardee Pardee dee counsel for tor Riley failed to change chanse his testimony on any material point Jacobson said he was standing at atthe atthe atthe the right side of ot the store talking with Fassell Fussell when Riley RUey and two other men rushed In and pointing their guns gung ordered them to put up their hands The man mn known as Thorne Thome covered Jacobson while Riley covered ho he said Have Hao you seen the man who was known as Hays Has since that day asked the district attorney Yes answered Jacobson Is he here in this court room asked Mr Loofbourow Tes YeR That is the man right there said sold Jacobson Jocobson As the witness said this he held a R pointer which had hat been used u d to designate the tho positions of oC the men on the map of the store room and Jacobson leaned forward and pointed it directly at Hays HoS or Riley as 8 he Is known now no Riley Rile Shows Emotion Their eyes met and for tor an Instant Riley returned the gaze gae of Jacobson without flinching He retained his composure for only a second however and then his eyes dropped and Thom Thorn Thomas Thornas as Riley showed the tho first sign of emo omo emotion tion noted since the trial began Jacobson continued his story telling how Thorne had backed him towards toward the rear of ot the store while Riley RUey stood In the middle of ot the room and kept kep Fassell covered Then ho said Thorne Thorn went to whore Fassell Fussell was standing and poking him with his revolver commanded Fassell to set got back to towards towards towards wards the tho rear of ot The store The com oom command command mand to get got back was followed almost al almost almost most Instantly by a shot and Fussell staggered back At that Instant Thorne passed p d between Riley and Ja Jacobson and Jacobson Jocobson dodged behind the office partition and then thon out of th the rear roar door He Ho ran to the home and then thon to the tho next house and got n a revolver and then thon returned to the thi store where he met F VV Yo Boyd a so 80 r for the store who was coming from the tho barn at the rear roar Boyd Dod at attempted attempted attempted tempted to assist Fassell white while Jacob Jacobson Jacobson Jacobson son telephoned for the police and ond ran across the street and md brought Dr C M 11 Chandler George W V Fassell Fass oll died ton minutes later without regaining con consciousness consciousness consciousness F W V Boyd Dod corroborated the test testimony testimony mony of oC Mr Jacobson adding that he had just put 40 or 45 In the cash C register a Low few minutes before beloro when hen wont went to the barn to harnoss harness a horse Mother Testifies Mrs Augusta Fassell Fussell Fa eU mother of or the murdered man testified that she saw her son an hour before beCore ho he was shot and he was as then thon In perfect health and she ho also told simply of or his death a n afew afew few tew minutes after attar she sho had been called Dr Chandler also testified regarding tho the death of oC Fassell saying he ho had known him for tor nine nino years The test testimony testimOny mony of oC Dr T G o Ode Odell was to the of et offset feet that the bullet which killed Fas Fassell Fassell Fassell sell entered through the eighth rib under the tho loft lort armpit and ranged up upward upward ward through the tho loft leCt lung cutting the tho backbone and lodging just under the skin over the right shoulder blade The Tho bullet and a 0 fragment of oC lead which lodged in the backbone were placed in evidence and examined by bythe bythe the jury William Bowen testified that he had passed the store twice during the forty minutes before the tho murder and had seen three men around the place two of whom he Identified positively posItively positively as Riley RUey and Thorne Coming Corning downtown Bowen said he saw a bulletin bulle bull bulletin tin in the window of ot The publican stating that George W Fan Fas Fassell sell Bell had been shot by a highwayman He Ho went to the police station and there identified Riley RUey and Thorne as the themen themen themen men he had seen passing the store stor earlier In the evening Arthur testified that In pass passIng passIns passing Ing Ins the Fassell grocery at about on the night of oC the murder ho he saw Riley Thorne and another man whom he noticed particularly because ho feared they were trying to hold him up and ho he also atso identified Riley RUey positively positively as 8 one of oC the trio CIder Chief Reviews Arrest ArrestS S M 11 Barlow Dario chief of oC police told of the e arrest of Thorne and Riley at ot the Angelus rooming house where Riley lay on the tho bed and Thorne was In the thenet act net of or counting the money mone when ho and several detectives entered the room Riley had a revolver concealed under a D piece of ot paper poper at that time and the revolver was offered in evi evidence evidence evidence dence with the shoes and other arti articles articles articles cles of oC clothing which were wore covered with mud The rhe chief read a confes confession confession confession sion made the next day by Riley tUley and this wont went In as evidence although the tho confession Itself was not admitted as asan asan an exhibit This confession conCession was wan the tho same as that made and signed by Thorne Sheriff Joseph C Sharp related how tow at the state penitentiary Riley had tad confessed to the tho murder after being told that whatever he might say would be used as evidence against him ilm This confession was wast nI made to Governor William Spry and other members of the state board of oC cor corrections corrections corrections According to the state law Jaw any klU kill killing Ing ng done In an attempt to commit a robbery Is murder In the first degree and the statutes also provide that every member of a party engaged in a premeditated robbery Is equally guilty gum It is not likely that Thorne will bo be called cat led to the witness s stand and the state expects to finish its case this morning m |