not shown by the record, and Mrs. Louisa Pratt, who lived at Wayne. She testified that she could not identify Spencer as the man who got off with the other lady, as she did not see the man's face, but the description she gave of the lady fitted Mrs. Rexroat, so far as it went. At the station of the Aurora, Elgin and Chicago Railroad Company at Wayne its tracks are crossed by a public highway running east and west. The electric road runs in a north-westerly direction, the Elgin, Joliet and Eastern railroad running practically north and south. The highway, after crossing the electric railway, crosses the right of way of the Elgin, Joliet and Eastern Railway Company about forty rods east of the interurban station. Mrs. Pratt testified that the man and woman she saw on the electric car alighted ahead of her at Wayne at 7:45 P. M., walked south to the end of the station platform, then walked east on the east and west highway, ahead of her, to the Elgin, Joliet and Eastern tracks, and then walked south on the railroad tracks towards the viaduct of the electric railway; that the two were laughing and talking. About five or six minutes after the witness had crossed the Elgin, Joliet and Eastern tracks she heard what sounded like the report of a pistol shot coming from the south,-the direction of the viaduct.

The car in charge of conductor Cargo went to Elgin and returned, arriving at Wayne about 8:12 P. M. The conductor testified that one passenger boarded his car there on its return trip to Chicago. At Wheaton, Cargo was relieved by conductor C. S. Croumer, who took the car on to Chicago. Croumer testified that Spencer was on his car on that run; that he had to wake him up to get his ticket; that the car arrived at Chicago at 9:30 P. M. At about 10:15 the same evening Spencer appeared at 2215 Michigan avenue, the home of W. R. Patterson, with whom he had been acquainted for about eight years, being known to Patterson by the name of Burke. Mr. and Mrs. Patterson were at home at the time. Mrs. Patterson asked Spencer what

was the matter, stating, "You look as white as a sheet." Spencer replied that there was nothing the matter with him, but went over to the looking glass and looked at himself. He said, "I feel like a bum; do I look dirty?" and looked at his hands. Mr. Patterson said "No" but spoke of the dirt on his shoes. Spencer replied that it was not Chicago dirt but came off the country road, and taking a handkerchief from his pocket dusted his shoes. During the conversation he took a lady's solitaire diamond ring, Tiffany setting, from his pocket, wrapped in a lady's handkerchief, and showed it to the Pattersons, remarking on its beauty. This diamond ring answered the description of the one belonging to Mrs. Rexroat and worn by her when she left Mrs. Johnson's. Her diamond ring was not found on her remains. Spencer handed the ring to Mrs. Patterson, and she asked him if he wanted to sell it. He replied that he would take $100 for it. Mrs. Patterson told him she did not have the money at that time for the ring, and Spencer said that if she did not want it he would sell it the follow

ing day, anyway. He then took it, slipped it on his tie and again went to the looking glass, and said, "Isn't it a beauty?" He then took off the ring, wrapped it in the handkerchief and put it back into his pocket. The ring was not seen or found in his possession afterward. After some further conversation Spencer felt in his pocket and pulled out a newspaper, unfolded it and took out a blue-steel 38-caliber revolver and took an empty shell out, which he threw from the window, stating that he was just throwing out a dead shell. He appeared again at the Patterson home the following Monday night. Mrs. Patterson, who was at home alone, asked, "Who is there?" and he replied, "Burke." She let him in and noticed that he ran his hands through his hair and had his glasses in his pocket. Before that she testified he had always worn his glasses. After he got into the room he put them on. There were some newspapers on the table, and he said to Mrs. Patterson, "You

seem to be interested in the tango case." She replied she was. Mr. Patterson came home soon and he had other papers with him and laid them on the table. Spencer again remarked, "I see you are interested in the tango case." Patterson replied, "Yes, and that description fits you pretty good, Henry; you better look out or they will grab you up for that." Spencer replied, "Oh! no, there is no danger of anything like that; they are looking for a tall man." On the following Saturday, October 4, Spencer met Mrs. Patterson at a dime theater on State street, in Chicago. After she saw him he motioned to her and she went over and sat down by him. She testified that while the moving picture show was going on and the room was darkened Spencer wore his glasses; when the lights were turned on he would remove them. After a little time he stated that he had seen that show and suggested that they had better go out, which they did. He asked her to go over with him to the Lake Front, and when she refused, at his request they went to a chop suey restaurant for lunch. She asked him there what he had done with the ring, and he replied that he had sold it. She testified that about that time he looked at her and said, "Now, you and Patterson ain't no fools, and if you say word about this I will send you both the same route." On Sunday night, October 5, Spencer again appeared at the Patterson flat, where Capt. Halpin and two other officers were apparently lying in wait for him, and he was there arrested.

September 23, 1913, Spencer had rented a room of a Mrs. Schofield, at 3212 Rhodes avenue, Chicago. He did not appear there again until September 26, at about eight o'clock A. M., when he left his grip and went away at once. Mrs. Schofield did not see him again until the next morning, but she testified that he had occupied his room some time during the night of September 26 and for several nights thereafter. After he was arrested at the Pattersons' on the evening of October 5 Capt. Halpin took him

to the Schofield place. Spencer's room there was searched, and in the lower dresser drawer a 38-caliber blue-steel revolver, with three loads, was found, as was also a rattan suit-case and a lady's handkerchief. The suit-case was identified by Wade Hudson as being one that he had loaned W. H. Allison in the early part of September, 1913. Allison testified that the suit-case that he borrowed of Hudson he had left with his former wife, Mildred Rexroat. Allison was not positive that the suit-case in question was the one he borrowed from Hudson but said it looked like it. He identified the bracelet found on Mrs. Rexroat's wrist as one he had given her.

Shortly after his arrest Capt. Halpin took Spencer to the police station in Chicago. He asked Spencer if he wished to say anything, and at the same time stated to him that anything he might say would be used against him upon the trial of the case. Other officers testified to the same effect. No promises or threats of any kind were made to Spencer. Spencer said that he was willing to tell all that he had done. According to the testimony of Halpin and the others who were present, Spencer then narrated the facts with reference to his meeting Mrs. Rexroat, dancing with her, arranging with her to teach a tango class at Wayne, going with her on the electric line to Wayne, returning on the electric line to Chicago, going to the Pattersons. He also gave the conversation with Mr. and Mrs. Patterson about the diamond ring substantially as testified to by them, and further stated that when he and Mrs. Rexroat left the electric car at Wayne they walked east to the Elgin, Joliet and Eastern tracks, as he told her it was a short cut to his farm, which he claimed his father left him; that they then walked south under the viaduct of the electric line, he having hold of her right arm with his left hand; that shortly after passing under the viaduct he took the revolver out of his pocket and shot her in the jaw; that she fell without any outcry; that he then placed her body

across one of the tracks of the steam railway, took her suitcase and her diamond ring and went back and took the car to Chicago; that he threw various articles from the suitcase out of the car window on the way from Wayne to Chicago. A number of torn business cards marked with Mrs. Rexroat's name were found near the Wayne electric station the morning following. Later on, the same night, in Capt. Halpin's office, Spencer made practically the same statement in the presence of one of the assistant State's attorneys of Cook county, the State's attorney of DuPage county, and others. Before making the statement Spencer was again told that whatever he said would be used against him in court, and he replied that it was all right,-that he wanted to tell the truth. He also stated in his talk with Capt. Halpin and the others that he had met Mrs. Rexroat at Sans Souci Park before he met her at the dancing academy; that several times during their acquaintance she had come down town and stayed with him at various hotels.

Mrs. Johnson, with whom Mrs. Rexroat roomed, testified that just before Mrs. Rexroat left on Friday, September 26, there was a telephone call which Mrs. Rexroat could not understand over the telephone and Mrs. Johnson talked for her; that the person talking made an appointment to meet Mrs. Rexroat at the Fifth avenue station; that the next day (Saturday) a person having the same voice called Mrs. Johnson and told her that Mrs. Rexroat would not be back; that she was going away to marry the person who was talking over the telephone. Mrs. Johnson, after Spencer's arrest, met and talked with him, in Capt. Halpin's presence, in the police station. The testimony of both Capt. Halpin and Mrs. Johnson is that Spencer admitted to them that he was the person that talked with Mrs. Johnson over the telephone on both of these dates, and also admitted that he told her Mrs. Rexroat would not be back because she was going to marry him. He admitted also to Capt. Halpin that he had gone out to Wayne shortly