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Show mm TO :bsgoveby W WIFE'S IMSCitTONS Bacy in the extreme was the .testimony .testi-mony given before Judge Dlehl yesterday yester-day afternoon In the case of the State against J. A. Peebles, charged with a statutory offense. As stated In THE TELEGRAM of yesterday, the entire time of the court during the morning session was taken np in listening to argument on a motion mo-tion that J. E. MagerL husband of the woman with whom the offense is alleged to have . been committed, could not testify In the case. The motion was overruled by the court. D. Of Willey, counsel for the defendant, defend-ant, made a motion in behalf of Mrs. Magerl that the complaining witness, Magerl, be not allowed to testify. The court overruled the motion and Magerl went on the stand. In answer to questions from Assistant Assist-ant County Attorney Lyon, he stated that he returned unexpectedly to his home, 64 Peach street, on the sight of February 26. He had expected when he . "I certainly did." "You broke in the door. for the same purpose! " ,rI certainly did." "Have you been in the house since that timet" " ' - "Yes." "Anyone else been there t" "Yes, you and your companion have been in the house since then." "What do you mean by me and my companion t" "I don't know who was with you, but I know that you have been in the house since the trouble" Witness Becomes Angry. "You stated that you could see a trunk at the other side of your wife's bedroom. Is that trunk there nowt" "I don't think it is, after you got through with it," remarked the witness with a show of heat. "Did you put any sheets into that trunk that night!" "I did not." "Do you know where those sheets went tot1' ) "I do not. I guess that you know where they went to, though." leit tne nouse in tne morning 10 do bd-sent bd-sent two or three days. When he went home he noticed a light in his wife 's bedroom, the reflection of which partly lighted up the bathroom. He heard a sound of someone in the bathroom and waited at the window. Looked Through Opening. The sound was unlike the voice of his wife. He then looked through a small opening in the window blind into his wife's oedroom. Witness saw his wife in the room in the original nature state. Peebles entered the room from the bathroom a few minutes later. Witness here gave testimony untfit for publication. publica-tion. He stated that he left the window win-dow and went to the front door, which he broke in. On cross-examination Mr. Willev asked: "Why did you listen at the bathroom window and look through the curtain f" 4 ' Because ray suspicion was aroused. ' ' "They had been aroused before, had they not!" 'Yes, sir," "Did you make any noise when you went up the steps to break in the door!" To Catch His Wife. "Not any more than I could help." "You looked through the window for the purpose of catching your wifef " xou staiea a lew nuuuira g" ini they had locked the door. Who do you mean by theyt" "My wife and Peebles." . Magerl proved to be an excellent witness. wit-ness. Not once did Attorney Willey succeed, in breaking down his story. Another Strong Witness. Seth Brown, owner of the house in which the Magerls live, and who resides in the basement, testified that on the night of February 26 he heard the crash of a door upstairs and then a struggle, during which he heard two pistol shots. Witness ran into the house next door and telephoned for the police. As he was returning to the house he met Peebles coming out. Peebles had on a night shirt and a pair .of trousers', and was carrying a revolver in his hand. Witness asked Peebles if anyone had been shot, and he replied no. Peebles-then Peebles-then went into the house next door. When witness entered his part of the house he found Mrs. Magerl there. She was dressed only in her night gown. Tell-Tale Footsteps. Witness testified that he had heard the sound of two people in Mrs. Ma-gerl's Ma-gerl's room and had heard footsteps from the room of Peebles to that of Mrs. Magerl on several occasions when Magerl was not at home. On one occasion witness had heard Mrs. Magerl say to the defendant: "Well, dear, you know all men arc alike." Patrol Driver George Harris testified that he had found Mrs. Magerl in Brown's part of the house on the night of February 26, and that she had fa onlv a night dress. Detective Matt Rhodes testified as to seeing Mrs. Magerl on the night in question and as to how she was dressed. He also stated that he had found Peebles Pee-bles in the next house, and that it was necessary for him to go to the Magerl homo in order to get clothing for Peebles Pee-bles before he could be taken to the station. Peebles Bound Over. This ended the testimony for the State, and the defense announced that it had no testimony to offer. Peebles was bound over to the District court. Judge Diehl fixed the bail in the sum of $501) if a paper bail, and $250 if it was a cash bail. As soon as the case was ended Assistant As-sistant County Attorney Lyon moved that the case against Mrs. Magerl, charged with the same offense as Peebles, Pee-bles, be dismissed. "I think that case had better be settled set-tled in a divorce court," said Mr. i Lyon. The ease against Mrs. Magerl J was ordered dismissed. |