Omaha daily bee., 1901-03-13
CALLAHAN SHOWS HIS HAND
Fssturc Of Alleged Kidnaper's Dsfen. Il,
Revealed in Court
he GIVES TIE DETAILS OF HIS ALIBl
Dcfcndnnt Hopes to Prove His where
nbOuts on one of the Days He is
Supposed 90 Have Guarded
Eddie Cudnby.

James Callahan will endeavor to prove
that he spent the day of December 10 in the
saloon OF Henry Arm at 54O0 Center street.
This much was disclosed al the arraign-
ment of the Cudahy kidnapping prisoner
before Judge Baker in the criminal court
yesterday. 1t is an important disclosure,
because It indicates that the establishment
Of an alibi for Callahan is going to be Il
difncult undertaking for his lawyers. As
the Arif saloon and the Merose Hill prison
house, where Callahan is supposed to have
guarded Eddie Cudahy on December 10, are
not more than ten or twelve blocks apart,
the county attorney will undoubtedly show
10 the jury that it would have been possible
Tor Callahan TO have been in each place
portions Of the day. The defense will have
the difficult task OF proving not only that
Callahan was at the Arm saloon on December
10 but that he spent the entire day there,
otherwise the alihi will be weak one.
Young Cudahy was asleep a portion Of
the day he was held a prisoner az the Mel
rose Hlll cottage and 1t would have been
possible for his guard to have gone away
from the place without his knowledge.
Even in his waking hours the boy was
blindfolded and unable to tell whether or
not his guard was present all of the time.
~ Must BE ~ Good One.
albi in order TO be complete will have TO
cover practically all of the time during
which young Cudahy was held a prisoner.
When Callahan was brought into court
yesterday for arraignment he looked
better than at any time since his arrest.
He was clean shaven. his curly hair was
in proper order and his clothes were free
from dirt and, dust. He seemed TO be IN
good humor as he smiled frequently as his
lawyers argued for more time in which to
prepare for the trial.
County Attorney Shields announced that
the state would be ready to proceed with the
trial OF the case next Monday morning
and Judge Baker expressed a desire TO set
Tie upon that day for the reason that a
new venire Of jurors will then be on hand.
Mr.. Ilaller. for the defense demurred and
declared that he could not secure the wit
nes8cs necessary for the proper defense of
his client by next Monday morning He
made a strong plea for more time. but the
court was not disposed to grant 1t.
THE court would like counsel to furnish
the names OF the witnesses he thinks he
will be unable to get hold of between now
and Monday. Where are they-out oi
town."
"No, your honor" replied Mr.. Haller,
"the witnesses are all in this city. but we
can't identify them without the assistance
OF the prisoner. lie spent the day of De-
cembor 10 at certain place in this city
and while there he met a good many people.
Some of these people he knows by name
and We have already secured them as wit
ncssos, but there are many others whom he
knows only by sight and 1t is a very dini-
cult thing for us to trace them"
where did Callahan spend that day?"
asked the court.
"At Arffs saloon out on Center street."
replied MIR. Hallor.
you say he spent December 10 there |
That is not the day the kidnapping was
done" suggested the court
mo, your honor, but that IL the day the
defendant is said to have watched over tho |
boy"
Am ] to understand that this prisoner
Is supposed to ne the man who watched |
over the boy?'' asked the Judge.
Yes" responded the county attorney.
Court Opposes Delay.
Judge Baker remarked that he did not |
think the showing made by Mr. Halter was |
sufficient to warrant a continuance OF the |
case beyond Monday. and then Mr.. Mac
farand. the other lawyer for Callahan. |
stated that he would be unable to take up |
the case on Monday or Tuesday Of next |
week, because he had engagements in other |
courts. The court finally fixed Wednes-
day, March 20, as the date for the beginning |
of the trial and declared that no continu- |
ance from that day would be granted unless |
counsel made a strong showing in writing. |
Mr.. Haller said he would endeavor to make |
such showing.
County Attorney Shields has elected TO |
try Callahan on the robbery charge first |
leaving the false imprisonment and larceny |
charges TO be disposed of later on. Rob
berry is the most serious of the three |
ofienses charged against Callahan. The |
state will produce between forty-fve ana |
hfty witnesses, and the trial wi1l probably |
last n waplf