OCR Text |
Show ELSIE IS FOUND GUILTY. Kesler, J., Says She Kept a House of 111 Fame. . BUT THE END IS NOT YET. I Attorney Straup Will Carry the Case Up to the Third District Court on a Habeas Corpus Proceeding. The trial of Elsie St. Omer on the charge of keeping a house of prostitution, was resumed re-sumed in the police court at 10 o'clock this morning and the little court room was packed with an interested audience. Rose Miller was recalled by Mr. Coad for further examination, and the lirst question was : 'yesterday you testified that. Officer Matthews visited you at your room frequently, fre-quently, and that on one occasion he went to sleep and fell oft a chair?" "Yes, that was at N"o. 243 South Main street. The house was kept by Miss Turner. He did fail off the chair, but it was not in my room." "W hat was his business there on that occasion?" oc-casion?" "Simply to see me. He was alone that time, and on leaving said he would come back, aud gave me a gold ring to show that he meaut it." "Did he return?" -He did." "Wasn't he there with a man named Taylor?" Tay-lor?" "Not that time. He has been there frequently fre-quently with other parties." Elsie St. Omer was recalled and testified that when the officers called at her residence a few nights ago, Goldie Shears went to the door, and told them that they could not come in until the witness came. Then the men were admitted, aud after some talk, Otlicer Sullivan asked Miss Miller if it was true that she was going to be married soon. Miss Miller answered that ii, was and the officer then asked if he couldn't go up 6tairs with her once before she married. Prosecutor Coad wanted to know if Mc-Erlaiu Mc-Erlaiu had not kept company w ith her while she was keeping another house. Mr. Straup objected to the question as being immaterial, but the court let it go in and the witness answered in the negative. Sergeant George Sheets was called, and testified that he swore to the complaint in this case. "Did you ever say that you were going to run these parties out of town?" Mr. Coad I object unless you name the party to whom it was said. Mr. Straup Didn't you tell Miss Miller that on the night of the arrest? The Witnet I did not, Joe O'Brien was called and Mr. Straup asked him if he did not state on Saturday, in front of Mullett's store, that if a jury trial was demanded, he would pack the jury. Ti" Witness I don'tremembcr saying that. "Will you say that you did not say so?" "I don't remember sayinir so." Mr. Coad If you did say so it was a joke, wasn't it? The Witness Yes. Mr. Straup And didn't you offer to bet me a bottle of wine that you would convict these harlots ? The Witness No. Mr Straup I want a subpoena for Mr. Eichnor. The Court What do you want to prove by him? Mr. Straub That O'Brien did say that he would paclv the jury. Mr. Coad Oh, we will admit that. Rose Miller was recalled and-testitied that when O'Brien arrested, thtun hejuud roughlv : 'omeTjiTwia yez. We'll throw yez all behind be-hind the bars where yez belong. I'm pretty slippery myself, see." When we reached the police court Judge Kesler told us we could stay in this room while a party went up town for a cheek. As soon as Judge Kesler left, O'Brien called us back iu the room and Sergeant Sheets grabbed me by the shoulder and threw me against the wall. They then threw us in jail. Mr. Coad Didn't you know that Sheets swore to the complaint? The Witness So; I will tell you what I did sav, if you want me to. told that Sheets was outside, and then said, "that long-legged s of a b was down hes" with Albright the other night." "Did Sheets take hold of her that night at the station?" "It wasn't George Sheets who took hold of her. She is mistaken in the man." Mr. Straup You were a considerable distance dis-tance ahead of the other officers? The Witness Yen, until Third South was reached. , "Where were you when the women were put iu jail?" "I went out behind them. There were five gentlemen along." O'Brien took the stand again and once more told his story of the arrest of the parties. When the officers put the women in jail, they were instructed by Captain Donovan to treat them kindly, and did so. Captain Donovan testified: I was not here when these parties were brought in, but came in an hour later. I saw no one rush them around and heard no abusive language used after I arrived at the hall. Hugh L. Glenn once told the witness that he thought Elsie St. Omer was keeping a house of il fame, but he had no evidence against them. If any other officer would swear to a warrant, war-rant, he said he would draw up the complaint. com-plaint. Marshal Janney testified that he heard Glenn saj' that Elsie St. Omer was running a house of prostitution, but he hadn't evidence enough against her to swear out a warrant on. The witness didn't hear Glenn say that if another officer would swear out the warrant, war-rant, he would draw up the complaint. Max Lipman was called and stated that he was at Elsie St. Omer's house with Officer Sullivan on the night when the latter went there to see about a trunk. Rose Miller was iu the room, but he didn't hear Sullivan invite in-vite Rose up stairs. Mr. CiHul You didn't go up stairs with any of the women, did you?" "No sir." Laughter. Iu making the opening argument for the defense, Mr. Straup said that he could see how a police otlicer might naturally- surround these parties with the presumption ofgu.lt, hut it should be different with the court. There was no testimony against them in the case except that of policemen. Against that was the testimony of the defendant that she had abandoned that kind of a life. That of itself, if it stood alone, was sufficient to raise a reasonable doubt. Did the court believe be-lieve that Rose Miller had wilfully perjured herself? Had Goldie Shears perjured herself? her-self? If not, then Elsie Anderson must be acquitted. Was there anything in all the evidence that even tended to show that anything any-thing had transpired in this house that was indecent? If these women were trying to live respectable lives, it would be much more creditable for these policemen to throw around them the great, stronsr arm of the law and encourage them rather than try to drag them down. The court and officers should extend to them a helping hand and j say "God speed you." Not an officer who was ever on duty in the neighborhood of this house was brought in as a witness, and their knowledge of the place was not as great as was that of persons who resided near by. Mr. and Mrs. Palmer, George Henry aud others all testified that the house bore a good reputation. He did not wish to imnute bad motives to the officers, but it was evident that they manifested an unusual feeling In this ease. It was a fact disclosed by the evidence. There was no person who would encourage the officers in closing up immoral houses of every kind more than himself, him-self, but he iusisted that this was not that kind of a house. He relied wholly on the evidence, and upon that lie asked for an acquittal. ac-quittal. Mr. Coad admitted that if these women were trjiug to lead decent lives they should be encouraged in it. She was, indeed, a couragous woman who would abandon such a life, and endeavor to live uprightly. But the people who had been introduced by thi. defense were .intuusstcd Vi-th extat these women u-t-re patrons of theirs. Mr. Glenn's testimony was explained on the ground that he was trying to injure the men on the police force. And when such a man as he came into court to tell j what the policeman had done, he should first I show the skeleton iu his own closet, and cleanse his own house. Rose Miller said that Tom Matthews came to her room and wanted to make love to her. Did Tom Matthews wilfully lie when he went on the witness stand? It was simply a question of veracity between the two. As to the charge that these women had been persecuted, that had been conclusively disproved, and Mis3 St. Omer's testimony showed that she had it in I for the policemen. The object was simply I to place a stigma upon these men. Mr. Coad I disclaimed having any feeling in the case, j and he wanted it decided upon the law and j the evidence. There was nothing to show I spitework, and the defendant had been more i agressive than anyone else. Mr. Straup replied very briefly, and directed direc-ted his remarks to the testimony of a wit. j ness for the prosecution, to the effect j that on the night of the arrest I some men jumped out of the window. That was effectually disproved and there was nothing left of it. If that was not so, why was it that these three great pillars of state, these noble perservers of law a'nd order, these regulators of morals, allowed them to walk off. Mr. Coad had asked why the roomers were not here to testify. They had been here and they had testified, and that was answered. It had also been said that the defendant kept ;he house at a loss. Was that singular when these policemen made the place a rendezvous? This closed the arguments and Judge Kesler said that the offense charged was of that class which was committed with closed doors,' and the only way to prove it was by reputation. The case had taken a wider range than was necessary, and he should confine himself in considering it to the reputation. It is the duty of these officers to protect society. They come here sworn and positively posi-tively testify that the reputation of the hoii'c is that of a house of prostitution. Six of them testify and give their reasons. One Mr. Mahoney says that the eeneral character of the house is a little fast. Mr. Showell says it is a house of ill fame. They are positive that they are right. The defense bring in witnesses who do not claim that the house is not a house of prostitution, pros-titution, but that they never heard anything against it. There may or may not be any feeling in this matter, but that is not a question for the court. Beyond a doubt this woman is guilty and I so rule. Mr. Straup asked the indulgence of the court as he was engaged this afternoon. He desired judgment postponed until tomorrow. This was ordered done. City Attorney Coad stated that as to Goldie, she was not wiliully in the house as a prostitute. He was satisfied the evidence was not sufficient to convict, and asked that she be dismissed. This order was made. The case of Rose Miller was then set for 2 p. m. tomorrow. At the conclusion of the trial Attorney Straup staged that after Elsie had been sentenced sen-tenced he proposed to apply for a writ of habeas corpus. The grounds of the application appli-cation will be that the defendant was ills-gally ills-gally tried, a result of bringing her into court without a warrant. "I said that if they claimed that we were I keeping a house of ill-fame, we would prove that we were not by calling Sergeant Sheets who could testify in regard to what occurred on the night when he was there with Officer Albright, and the latter created such a row." Elsie St. Omer was recalled and testified that when she was arrested she asked O'Brien who swore to the complaint, and he replied that it was none of her business. The defense rested here, ane the prosecution prosecu-tion called Dan Swan, who testified that he didn't think H. L. Glenn was a deputy marshal at this time. Marshal Parsons, a week or so ago, 6aid he would withdraw his appointment. . Mr. Straup He has been acting as a deputy marshal ! "Yes, sir." "How long do you think his commission has been withdrawn':" "About a week." Mr. Coad called John Taylor, a hackman, who testified that he once went with Officer Matthews to 243 South Main street to collect col-lect a hack bill from Miss Miller. She paid it, but told Matthews she would get even with him. Officer Matthews was called and he testified testi-fied that the only time he ever went to Rose Miller's room was when he went there to collect col-lect this hack bill. She told him that she would get even with him. "Did you ever visit this house on any other occasion V" "Yes, sir, many times, but always on business." busi-ness." "Do you remember meeting her on the street, taking her aside and talking with berV" "Well, we met at the St. Elmo corner." ''Didn't you theu and there ask if you couldn't go down to her house?" "No." "And didn't she tell you thatthey were not keeping that kind of a house?" No." "And didn't you then and there offer to engage a room for her nd yourself" "My previous record is a sufficient answer to that." 'T see you have a gold ring on your finger; fin-ger; didn't you once offer that to her "r" ".No." "This trouble with theTiaekman was not at Elsie St. Omer's house?" "No." "Who was present when it occurred?" "Only Miss Miller, myself and the hack-man." hack-man." "You say there was a man with Miss Mil ler. Didn't he hear wiiat was said'" "I don't think he was where he could hear?" Sergeant George Sheets testified: On the night of the arrest, myself, Wilson and O'Brien went to Miss St. Omer's and brought these parties up. Nothing was said on the way up. I never put my hands on the Miller Mil-ler woman. Mr. Straup. When Mr. O'Brien said they could go where they pleased, didn't you say "Not by a damued sight?" "No." 'Csually when a party is arrested for this offense the bond is fixed at $C0?" "I don't know nothing about it." "Isn't it the custom to fix it at 50?" "I have seen it fixed as low as 10." "Did you not suggest that the bond of Elsie St. Omer be fixed at .$100?" Mr. Coad I object. The Court Let him answer. The WUnm fee, I did. "Why did you suggest that amount?" "Because when she said something about getting officers' heads, I thought we would get a come back on the other end." "What was your real object in fixing the bond at this amount?" "To force her to trial." Mr. fond Wasn't it also because of the location of the house ?" "Oh yes." Officer Wilson testified: After O'Brien went into the hous he called me. The women were getting ready to come up town, and they asked who was outside. They were |