Omaha daily bee., 1898-12-11
INFORMATION Was FAULTY
John Kerr Will Benefit Little BY . Lawyers
Blundef.
BILL INDICTED THE MURDERED MAN
Judge sIabauGh sustains . Motion to
Quash and the Case Will He
Commenced Anew-HiGhway
RObber Sentenced.

Judge Slabaugh has sustained a motion
to quash the information In the John Kerr
murder case. The reason was that in the
Information the murdered man, John Reid
OF Valley. Kerr's father-in-law, was charged
with the Intent" Instead Of Kerr. A new
Information will have to be drawn up and .
re-arrest Of Kerr made.
Henry Kehl was sentenced to I'VE years
In the penitentiary. He was the leader Of
the hoodlum gang which held up Gus We
lander at the south end OF the Sixteenth
street viaduct In October. Although Kehl
represented his age az being IS Judge Sla-
baugh had made an investigation and found
out that he had voted twice at primary cleo
lions and was really over 20 years old.
Fred Swanson, one Of Kehl's pals, q 16 or
17-year-old boy, was sentenced to the re-
form school until he becomes Of aga. Will
liam Kehl, a brother Of Henry Kehl, was
arraigned for the highway robbery Of one
Woodhall on October rs and the burglary Of
q Union Pacific freight car October 20. In
which some canned fruits belonging to
Owen W. Butts were stolen. Kehl's pleas
were not guilty.
Bert Lake was also arraigned. The Of
tense charged against him was the assault
last August upon August Miller. a South
Omaha merchant, from the effects Of which
Miller was laid up for a while. Lake
pleaded not guilty. Arrangements were
made in the gambling cases against Dave
Lusher, Bernard Blum and George Good
hart.
A motion for a new trial was argued in
the Thomas Sullivan murder case. The
points urged by Sulfvan's attorneys were
that the state did not show by any testimony
u,haka~a~ k6ak Th&o.n. YYt,1oA-A Al-1 49,
the effects Of q pistol shot wound, or that he
died from any wound at all. for that matter.
Another thing commended In Sullivan's behalf
was that when all the circumstance were
presented to the jury in the evidence It was
improper for the court to instruct on the
statutory doctrine Of implied malice, as that
should have been absolutely left with the
Jury to determine. The court took the mat
ter under advisement until Monday.
Speaking Of the Henry Oerter gambling
case, Judge Slabaugh says the syllabus Of
the supreme courts decision misquotes his
instructions to the Jury. According to the
syllabus he II made to charge the Jury alter
~natively as to aiding and abetting, whereas
the instruction was as to aiding and abetting
in conjunction with another person in set
ting up and keeping gambling devices. Judge
Slabaugh assumed that Oerter was being
tried as q ~c0nJo1nt principal, but the supreme
court infers that his alternative instruction
applied to Oerter, either as a principal or a.
q mere alder and abettor.
An application for bail was made In behalf
Of George M. Chollman, charged with the
murder by stabbing Of James R. Jones at
Thirteenth and Webster streets. Reference
was made to his employment in the Union
Pacific shops and the absence Of vicious ele-
ments from his character previous to the
killing of Jones. Judge Slabaugh ordered
the county attorney to investigate the mat
ter and advise him accordingly.
A motion for q new trial was denied
in the case Of Andrew Herb, and he was
sentenced to one year for stealing R. G.
Booker's COW.
The Ole jackson habeas corpus matter
went over until the following week.
Judge Keysor will take up the criminal
appeals from the police court Monday and
dispose of them,