Omaha daily bee., 1899-04-27
COMPLAINT AGAINST COLE AND OTHERS
Judge Shields, County Attorney, nc-
comes Much Embarrassed when
Dunn Objects 10 Describing
what Tie saw in coles Place.

County Attorney Shields an opportunity to
give vent to his Indignation at what he
| expressed his betrayal. by his friends and
he devoted several minutes to telling the
court and few spectators how zealously
he was endeavorng to enforce the law even
while he was being reproGnhcd by some
of his friends and sneered at by his enemies
The case had been continued several times
on various motions, and 1t was believed
doubtful if it would be called for trial.
County Attorney Shields, supplemented BY
! the stalwart figure of one of his deputies
Lee Helsley, appeared, however, and the
case was called up, Attorney Kelkenney
representing the defense.
William Oerter, the first man called to
the stand testified that he had been in
formed by Cole several times that there
was mice little party going on upstairs
which he could join if he desired. All he
knew about the place, however was hear
say, according to his statement, SO he did
not last long.
Shields Becomes Uneasy.
There was manifest unaasiness on the part
Of Mr.. Shields when Deputy County At
torney Dunn was called to the stand. Judge
Shields was white from apparent mortifca-
ton, while Dunn's face looked as If all the
blood had forsaken his body for it. Dunn
ltSllltu lIdI ut Htsu SblIC " blt lboHS NuA
ing the night and did not leave them until
daylight He said he found Cole asleep on
the lounge and two unknown men in the
room. The next morning breakfasts for the
party were sent up, but he did not trouble
himself to explain who paid for them.
Judge Shields asked him to describe the
appearance of the tables in the room when
he was there. Mr.. Dunn promptly refused
to answer the question, referring to section
$50 of the code as his authority for such
action. He said that under that section
if he said anything that would incrimnate
himself or show that he was cogni2ant OF
the fact that a gambling house was being
run in the room he would be liable to tne
for not having filed complaint as deputy
county attorney against the violators of the
law.
Attorney Kelkcnney came to his rescue
by saying he had a number of authorities at
hand which justified a witness in claiming
the privile ser of refusing ~ a! swer in
eliminating questions.
$50 you fellows have been preparing for
this, have you?" shot from the mouth OF
Judge Shields, his eyes sparkling and indi-
eating how much he disliked the position
into which his deputy had gotten him.
81 want it understood that l have not
made any preparations for it, came back
from Dunn.
You must have told Kelkenney at least
that you expected to do this, or else he
would not have looked up these authorities"
responded the county attorney.
Then Judge Shields launched forth into
pitiful address which brought little sym
pathy. although he pleaded hard for it. He
said he had been driven by his friends to
prosecute gambling and had entered into
this case in good faith He was disappointed
to find that his friends were deserting him,
that one even whom he considered among
the most faithful elected to screen himself
behind the law and leave his superior to
stumble on. He urged that if gambling is
not stopped in the city officers Of both city
and county will be accused as brbe-takers
and justly so.
Little sympathy for County Attorney.
Attorney Kclkenney responded that the
people of Omaha had little sympathy for
Judge Shields, as he had no right to cOnsti-
tute himself a detective or chief of police
The city of Omaha, he urged, is pOliced by
what is considered an efficient force, and it
is the duty of the county attorney to say
to them, "If you find any person or persons
gambling, arrest them, bring them into
court and / will prosecute them" When he
went beyond this Mr.. KeIhenney urged, he
was exceeding his duty and deserved no
sympathy for any criticism that might be
passed upon him.
Jake Kopald testified that he had been In
the room quite often during March, but had
never seen any gambling there He had
watched several playing whist or cinch at
different times, but while chips were stand
ing in the rack on the sidcboard he had
never seen anyone issue them for money
Jake acknowledged that he was the 'peoker''
II ii.
1t voluntarily. At those times he went to
the door when a rap sounded and would
look through a wicket" to see who was on
the outside, If the applicant bore the brand
of a good fellow on his dial he was permit
ted to enter the sacred precincts. The wit
ness was remarkably dumb, however, when
IL came to telling the court what he had
observed in the room, and Judge Shields
finally passed him as incorrgible.
Another Witness Objects.
John Welch testified that he and Mr.. Dunn
were out until 3 o'clock in the morning and
observing n light in Coles rooms had gone
there TO remain until daylight, when they
could catch car. When asked what he saw
there he declined to answer, claiming the
same privilege as Deputy Dunn a short time
before
Judge Shields objected to the court grant
ing Welch this privilege on the ground that
the court was better able to determine
whether the question would necesstate an
discriminating response than the witness He
urged that a witness might refuse to answer
every question put to him on similar
grounds
Attorney Kelkenney at this point brought
forth the authorities that he had up his
sleeve when Mr. Dunn refused to testify.
He said the court had no right to compel
witness to answer a question on direct ex-
animation that would incriminate him in
cross examination.
Judge Gordon said he must hold that a
witness was better able to understand what
testimony he should give and what ques-
tions he should answer than the court woula
be, because the court did not know what tls
witness had done
Jaige Shields insisted on producing some
authorities 10 sustain his contention and n
continuance was taken until this afternoon
at O'Clock. He intimated that II he could
not convince the court that a Hitness should
be forced TO answer the questions that he
would PROFOUND ho would d.An!-s the case,