Omaha daily bee., 1899-05-18
SAM BARNES Is CONVICTED
In Less Than Half an Hour Jury Returns
Verdict.
RECEIVES RECOMMENDATION OF LENlENCY
william r. Cownn, an Omaha At
torney, Indicted for subornation
of Perjury, Asks Immediate
Trial-other Legal Matters.

The trial Of Sam Barnes, charged with the
burglary Of Charles Bishops house was
concluded in the district court yesterday
afternoon and the case given to the jury at
o'clock. In less than half an hour the jury
brought in verdict finding Barnes guilty,
but recommending him 10 the leniency of
the court Judge Smith postponed passing
sentence.
At the close Of the Barnes trial Judge
Smith adjourned court until Friday morning
when the motion for the resembling of the
order appointing Ernest e. Hart receiver in
the case Of James Doyle against the Port
land Gold Mining company of Colorado Will
be argued. 1t is expected that Friday and
Saturday will be consumed In the hearing
of the arguments In this case and the trial
of criminal cases will not be resumed until
Monday morning, when Mrs Rose Ellis and
Millicent Frager, charged with stealing
pocketbook containing 1923 and a gold ring,
the property of Mrs. Hannah Magnussen,
will be placed on trial.
William p. Cowan, the Omaha attorney
indicted on the charge Of subornation of
perjury, has applied to the court to have
the case tried at this term and he will
probably be accommodated. The state gave
notice yesterday that it would introduce as
evidence the shorthand notes of Court Re-
porter CASTOR taken during the trial of Law
renee and Tracy. The state says that 1t ex-
poets to prove that shortly before the trial
of Lawrence and Tracy was commenced
Cowan went to the county jail accompanied
by Robert Johnson, the witness subsequently
indicted for perjury, and asked permission
of Jailer Morgan for Johnson to meet and
talk with Tracy and Lawrence. Johnson in
the course of his testimony, said that he
had never seen Cowan until he met him in
the court room at the trial.
In the case of r. Marcus against Emma
Metcalf in the superior court motion to
set aside the judgment taken by default
was filed yesterday.
H. ]. Vaughan commenced suit in the
superior court yesterday against the Fort
Dodge e. Omaha Railway company in which
he asks that the railroad be required to pay
him damages in the sum of 1850 for build
ing an embanlment on land leased by him,
and that the railway be enjoined from the
use and operation of its railroad through
the land in question until the damages have
been paid. Vaughan, as the basis Of his
suit, sets out that in December, 1896. he
leased from ]. T. Stewart of this city for a
term of three years a tract of forty acres
lying north Of the city for farm and truck
garden purposes. He alleges that the Fort
Dodge & Omaha road, without any right
authority, entered upon and took pos
session OF the lanu erecJlng uneTeOn an
embankment from the north to the south
side from six to ten feet in height and
about thirty feet wide. Further, that in
the construction of this embankment the
railway company eKcavated and carried
away large quantities of earth from the
lands adjacent. Vaughan also alleges as
grounds for damages that the embankment
has interfered with the natural flow of
the water upon the forty acre tract and has
seriously interfered with his enjoyment of
the property. He says, in conclusion, that
the railroad company has never offered or
paid him any compensation for the alleged
damage done him. The property which
Vaughan claims to hold lease of sold
to the Fort Dodge &; Omaha road by j. T.
Stewart.
Hall l.. Brooks commenced suit in the
district court to foreclose a mechanics lien
against William Goldie & Sons, the con-
tractors who are building the Peavey ele-
vator at the Union Pacific transfer. He
claims balance of SALT % due him for ma
teral used in the construction of the ele-
vator.