Omaha daily bee., 1895-11-23
spoERI. p..,lF. ....,., ON TRIAL.
Number Called as Jurors Had Decided
OpiMioms Regarding the Cnse.

Number Called as Jurors Had Decide
Opinions Regarding the Case.
Have you any opinion N your mind re-
garding the guilt or innocence of the de
PENDANTS here on trial which it would require
evidence to overcome?"
eyes, sir, 1 have" usually with an EN-
phatic nod.
This question and this answer furnish
the reason in themselves why 1t required
all of yesterday afternoon to secure jury
in the case of the state against John Spoerl
which 10 at last under headway in the crimi-
nal court. Israel Frank is in the case only
as co-defendant, because, although both Spoer
and Frank are named in the same information
as defendants, they demanded separate trials
and this request was granted as their right
The work of securing jury was consider
ably more difficult than it was at first sup
posed it would be. 1t was supposed that
before adjournment was taken at least two
or three witnesses would have delivered
their testimony. But it required full two
hours and a half from the time that court
convened at 2 o'clock before twelve men had
been found who felt certain that they were
able to bring in a verdict in the case based
solely on the evidence
One of the questions which was invariably
asked the prospective juror was what paper
he was a subscriber Of Fully fifteen out
OF the twentyfour men who were called
answered:
1.-The Bee."
This appeared to be in itself sufficient
reason for the attorneys for the defense to
excuse the juror from duty. In fact all the
challenges of the defense were used up in
eXcusing those men and several more were
excused for cause by the court because they
said that they had made up their minds
regarding the case from the exposure pub
lished in The Bee regarding the thievery con-
nected with the dog pound.
There was no evidence introduced in the
afternoon Immediately after the jury had
been sworn the attorneys presented motion
to the court asking that the county attorney
be required to indicate on which one of
the two counts of the information the de-
fendant would be tried One of the counts
charges Spoerl with obtaining money under
false pretenses from the city, the other
with obtaining the mayors signature to
warrants under false pretenses. 1t was
argued that these counts contained two
separate offenses.
The county attorney denied that 1t was
necessary to separate the counts on which
the defendant was on trial. He said that
both charges grew out of the same trans
action, and that the defendant could be tried
on both just as when in case of forgery
prisoner was charged Win DOtn forging
a name and uttering the forged check.
The court said that he would give the at
torneys until this morning to produce authori-
ties on the question, but in the meantime
would give his opinion on it, Just as he
was about to do so the county attorney mis-
the court jumped up and
asked whether he vas to be permitted to
quote from authortiec
That's what I said" answered the digni-
led judge. with touch of ire.
Judge Scott then went on to say that the
charge Of obtaining monsy by false pretenses
md obtaining signature to a warrant by
alse pretenses were entirely different in his
opinion He thought that the county attor-
ley should therefore signify on which count
lie intended to try Spoarl, but said he was not
proud of his own judgment and would wait
Until morning to hear from authorities.
II have five authorities here on the very
,oint in question:" said the county attorney.
"What are they? Are they any gool?"
Isked Judge Scott.
"They are decisions from the supreme
ourt of Nebraska" innocently answered the
lttorney.
well, / don't know that they are very
,ood,' remarked the judge.
This tickled the audience which crowded
he room, because it did not appear very
probable that Judge Scott did think much of
he supreme court on account of the many
ecent reversas of his decisions by that
ourt, and laugh spread about the room,
nd Bailif Savage pounded for several mo-
nents before II finally ceased.
The court then adjourned until $50 o'clock |
his morning, when the case will be contin- |
led after few prisoners are arraigned.