Omaha daily bee., 1900-02-07
Davis sells paints.
CONVICTION Fon j.. A. GREGORY.
Found Guilty of Assault with Intent
20 Commit ORIENT nndiIx Injury.

I ouhu pufItS VI hSsHuIt Win intent
20 Commit Great Bodily Injury.
| The trial of the case against ]. A. Greg
DRY, the horsethief and desperado, charged
with shooting at Chief of Police Sam Albro
: with intent to commit murder, was brought
to a close in the district court yesterday
afternoon. The jury retired about 8 o'clock
and at 1890 returned a compromise YER
dict, guilty of assault with intent to COM
nit great bodily injury.
Two witnesses, John Sharp and Charles
Butler, were placed on the stand for the de-
Tense, their testimony being principally to
show that Gregory is a dead shot with a re-
volver and that at the time of the fusillade
with the officers he had not fired with any
intention of hitting the officers. The evil
dence of these witnesses was TO the effect
that Gregory could at sixty feet pierce a
mark the size OF a dollar with every bullet
from a revolver.
In their arguments to the jury counsel for
Gregory took the position that their client
acted in self-defense; that as Albro and
James wore mackintoShes over their uni
forms, and as there was nothing about them
TO indicate that they were officers, Gregory
was not bound to recognize them as such,
and that when they interefered with his
rights on the highway he was justified in
acting in self-defense with his firearms.
AS soon as the trial of this case was com
pleted the work of impaneling a jury to
try Gregory on the charge of shooting
Constable Hardin Moss of Loveland was
commenced. The same difficulty as in the
previous case was experienced in securing
a jury and 1t was past 8 O'Clock before
twelve men were selected. The jurors Sc
lected are as follows: John Green, f. II.
Swan, o. H. Lucas, H. G. Millard. II. C.
Patterson, John Halle, John Barhyte,
+ hnyla Da,lr ~ II Anlynr & Il Smith Etta
Larsen, John Fitzgerald. The original panel
was quickly exhausted and a special venire
had to be issued.
County Attorney Kilpack decided yester-
day not to try at this term the case against
Gregory, in which he is charged with the
theft of n mule belonging to Z. d.. LauGhiin
OF Ashland, Neb. In the Indictment in this
particular case Gregory is also charged with
being an habitual criminal. 1t is charged
that on three previous occasions he had
been convicted of a felony, to-wit: Once
on September 7, 1856, at Logan, Harrison
county; once on October %, 1891, at Jeffer-
son, Green county, and once in 1895 at
Greenfield, Adair county. On all three oc-
casions he was convicted for horse stealing
and sentenced to terms in the penitentiary.
His attorneys yesterday filed a motion to
strike out all parts of the indictment re-
ferring to the previous convictions, and for
this reason the county attorney decided to
postpone the trial until next term. This
motion has not yet been submitted TO
Judge Thornell.
At the conclusion of the trial Of this case
against Gregory the case against Lee Ellis,
charged with resisting an officer when
placed under arrest at Nicola, will be taken
up. The witnesses are already on hand.
1t is probable that the trial of Fred II.
Hansen of this city, who broke into Albin
Huster's residence and stole a large guam
tity OF jewelry and other articles, will be
continued, His relatives believe the young
man is mentally deranged and will ask that
his sanity be inquired into. Hansen spent
a number of years in the reform school.