Omaha daily bee., 1895-11-24
TESTIMONY AGAINST SPOERL
State Makes Good Start in Examination Of
Witnesses.
DEFENSE DIRECTING TO ALL QUESTIONS
Effort TO Get the Information
Qunshed Declared by the Court
To- lie Too Lntc-McGuire
on the stand.

with the exception OF few minutes OF
time which was devoted to other matters,
the entire morning in the criminal court was
occupied with the case OF John Spoerl, the
dog catcher charged with obtaining money
under false pretenses from the city. The
general Interest felt in the case, together
with the fact that Morgan, the alleged muir
derer OF Ida Gaskill was to be arraigned,
crowded the court room to its full capacity.
When the case was taken UP some little
time was spent in arguing the point raised
Friday night, that the information in its two
counts charged two separate offenses. The
county attorney, while he persisted that the
two counts were perfectly proper In the
information asked that the court listen TO
the evidence before deciding, In order to see
whether or not the two offenses Of obtaining
money under false pretenses and obtaining
the signature OF the mayor to warrant
by false pretenses, arose out Of the same
transaction.
the court doing this, and then the county
attorney read number Of authorities which
sustained his position. After hearing them
the court said that he was still of the opin-
lon that the counts charged separate offenses
under the statute, but that good authorities
appeared to be against him. He therefore
said that he would hear the evidence before
deciding whether to compel the county at
torney to elect on which OF the counts he
would try the defendant.
The defendants attorney attempted to OBJ
1ect, but the court cut him off. The states
witnesses were sworn and Mayor George p.
, Bemis was called to the stand.
TOO LATD TO QUASH.
Before his testimony was given the attor-
ney for the defense asked that Spoerl be
allowed to withdraw his plea of not guilty
and move that the information be quashed.
The court held that 1t was too late for the
motion because the jury had been empaneled,
and the examination of the witness was pro-
ceeded with.
Throughout the examination of Mayor
Bems and Of the city officials that followed,
ALMOST every question was objected to. The
evidence adduced from them, however, only
consisted in proof of the appointment of
Spoerl as dogcatcher and in showing that the
warrant which Spoerl and Frank were
charged with fraudulently obtaining in the
secont count. had been regularly issued and
paid
The records showed that Spoerl had been
appointed dog pound master and the defend
ants attorneys objected to their introduction
because the information charged Spoerl as
dog pound master and dog pound keeper.
The objection was overruled.
Comptroller Theodore Olsen testified to
Spoerl's oath as being official and legal and
the bond was introduced as evidence. He
issued and paid.
County Attorney Badrige stated that he
would at once take the tes, imony of Thomas
Mcclure, as the witness was anxious to leave
the city. MCGUIRE is the detective employed
by the city to keep tab on the dog pound
Mcclure testified that from August 1 to
il and from August 2S to 81 inclusive he
had been employed to keep count of the num-
ber of dogs drowned at the pound. He had
been assisted by John e. Bell who was at
the present time outside the jurisdiction of
the court. He had been at the pound every
day and had been present on every day on
which drownings occurred. Israel Frank
was also present except on one day.
HE GIVES HIS FIGURES.
Mcclure testified that nine dogs were
drowned on August /, twelve an August 8,
twenty-four on August 6, fifteen on August
13, and fifteen on August 2S. total of sew
enty-fve. There was only one drowning
on any one day and this occurred either be-
tween 10 and IL O'Clock in the morning or
between and o'clock in the afternoon.
The time for drowning was learned from
the man in charge of the pound. The wit
ness said he had always been in an excel
lent position to see how many dogs were
drowned, because they were carried twenty
five feet from the pound to wagon and then
some distance from the wagon to the river.
Only one dog was carried at a time. He
had been concealed at one point in the weeds
and Bell at another and their counts of
dogs tailed
The dogs were placed in box which was
lowered into the river. On every day he
found this box dry when he arrived The
witness said that the box required five or
six hours to dry after being in the river
After the dogs drowned Taxdermist
Gilbert skinned them. Mcclure on several
occasions counted the bodies and found that
the count Tailed with that of the number
Of dogs that had been put in the river
Mcclure, on cross-examination said that
he was detective from Chicago. Previous
to coming to Omaha he had been for nine
years detective for the Chicago, Milwaukee
& st. Paul Railroad company He never
was in the employ Of the Pinkerton agency
He came to the city about July at the So
licitaton Of Chief Of Police White to do some
special work. He had rendered two accounts
against the city, for S66 and the other
for 800. He presented them to d. Clem
Deaver; they were not against him, but
against the city.
The attorney for the defense then attempted
to show that Mcclure had been employed by
Deaver as an individual, and not as police
commissioner. The examination was close ON
this point and was frequently objected to by
the county attorney. The court finally said
that he considered these objections as re-
fections on the rulings Of the court.
the examination proceeded no further
Judge Scott adjourning court until Monday
moring at $3.50 o'clock Tn defense asked for
an order requiring Mcclure to be present at
that time for further cross-examnation. 1t
was deemed unnecessary by the court on the
statement OF Mcclure that he would be in
attendance.
GEORGE MORGAN ENTERS HIS PLEA,