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Show TElllf LOST ID iiie HE District Attorney Loofbourow Is Given a Surprise in Jesse Thomas Hearing. PROSECUTION FAILS TO HOLD WITNESS IN LINE Several Men Testify as to Facts Surrounding Killing of Harry Wilson. District Attorney Loofbourow encountered encoun-tered a hard pieco of luck Tuesday In tho trial of Jesse Thomas on the charge of murder In the first degreo for tho killing of Harry Wilson at tho "Uepubllca" (colored) club, Commercial etrcet, last October. Burns Tells Story. Mr. Loofbourow's llrst witness, after County Surveyor Swenson had ldcntlllcd a map of tho building In which the killing kill-ing look Dluce, was Joseph Hums, who vas a bartender at tho club at the time. Burns testlllcd without any apparent reservation as tc a dispute which arose between Thomas and Wilson shortly bo-fore bo-fore the killing. Wilson, tno witness said, then went Into another room, whither he was followed In a short time by i nomas. Alter Tnomas went Into tho room where Wilson had gone, the witness heard scuffling and this was followed by two shote. Statement of Wilson. 2dr. Loofbourow then asked the witness if Wilson made a statement after the shooting, and at a tlmo when Thomas was near enough to havo heard what "Wilson said. The witness replied In tho afllitnatlve, explaining that he and -nomas wero standing clco to ench othtr. nbout six feet from where "Wilson whs lying on the Moor. "What was tht uuttument?" Mr. Loofbourow Loof-bourow then csked. Objection by Defense. This was .objected to by Samuel A. Xing, fot tho defense v.'ho argued his objection .t some length. Mr. Loofbourow Loof-bourow was Iben heard in reply and the preliminary matters having been gotten out of t-.o way, Mr. Lootbourow again ittamptcd to havo hl question answered. Mr. King renewed hi objections on other grounds, iumI linally suggested that as the matter was one oi vital Importance, that it go ever until later. This was satisfactory sat-isfactory to the prosecution and court and the mutter was dropped for tho time. Change in Situation. In the aflenionr, however, Mr. Loofbourow Loof-bourow again atii.-mplt-d to bring the matior out. and uitn be learned, much to hli stirpfW. that he had cltlxr mls-undorstood mls-undorstood Burns's testimony at the forenoon fore-noon session or (hut Burns had changed his testimony, lineai! of testifying, as hi was understood to testify In the forenoon, fore-noon, that ho wns standing by the side of Thomas, within a few feet of "Wilson, when tho statement wns made. Burns thought that Thomas was some dlatanco away at tho time, and the witness was between tho two men. This testimony made It Impossible for Mr. Loofbourow to Introduce tho statement and the matter mat-ter waa dropped, so far as Burns was conccrnod. . What Moore Saw. Thomas Sullivan Moore testified thaf when the shooting occurred, Thomas and Wilson were scuffling. Thomas had tho revolver In his right hand, the witness said, and Wilaon's left hand was clasped about Thomas's right wrist. There wero two shots fired and "Wilson droppod at tho second stfiot. When asked as to distances, dis-tances, Mooro got somewhat mixed. "How manj' feet was It?" Mr. Loofbourow Loof-bourow asked. Depends on the Size. "Well, it would depend upon how big your feet Is," was tho Innocent but ludicrous lu-dicrous reply of the witness. After the laughter, which was joined In by the court, had ended, Mr. Loofbourow Loof-bourow explained that he meant feet of twelvo inches. Several other witnesses wore examined during the day, and one in particular, James Bradley, proprietor of the club, testified that Wilson did not have hold of Thomas at the time of tho shooting. The hearing will be resumed at 10 o'clock this morning, the prosecution not yet having rested it case. |