Omaha daily bee., 1902-08-03
FIX DEATH FOR LovEsWAR
Jurors Find Prisoner Guilty Of Mur-
e and Name His Life ss
the Penalty.

sTURGIs. S. D.. Aug. 2~.-Cspeciai Tele-
gram.)-The verdict Of guilty. with the
penalty Of death, was brought in by the
Jury in the Earnest Loveswar murder case
late last night. Loveswar killed George
Puck Of Sioux City. Ia, and George Os-
trander OF Climbing Hill, Ia, on q ranch
on the Red Owl, near this place. The fury
was composed Of S. d. Taylor, F. NJ. Jack
son. c. Clark Anderson. John Miller, W..
H.. Powell, George Hannaast, c. c. Com
stock. NJ. ID. Nance. Ed whitman. Frank
Devers, Hugh Carney and C. D. Berger.
The testimony in the Loveswar murder
trial was concluded at 3 o'clock yesterday.
Judge Rice granted a short recess to rest
the jury and the arguments we're com
menced. Attorney Wesley A. Stuart of
counsel for the state opened the argument
before the Jury on behalf OF the state.
The following is the verdict Of the Jury:
The jury in the above entitled action
hnds the defendant, Earnest Loveswar,
guilty of murder as charged in the informa-
ton, and we tx the penalty at death"
The above verdict was brought into court
by the jury shortly before ~ o'clock last
night in the case of Loveswar, charged with
the murder Of George Puck.
So keen has been the interest taken by
the entire public that Notwithstanding Il
was almost midnight the large court room
was crowded, even the standing room being
filled. The defendant, as the verdict Of the
Jury was read In a clear voice by the clerk
Of the court, sat stolidly by his counsel
with downcast head and never lifted his
eyes from the floor. There was a general
murmur of approval from the entire audi
ence as the clerk concluded the reading.
AS the defendant was being conducted
from the court room to his cell by sheriff
Smith he had q most detected and hope
less appearance. Judge Rice fixed wednes-
day. August 6 for passing the sentence as
to the date of the defendants execution.
1t is quite widely believed in some quar-
tiers that Loveswar was not alone In this
awful affair and some predict that before
the date Of his execution arrives he will
divulge more information and implicate
someone else.
Coroner McsIoy and Sheriff Smith are
being universally extolled for the prompt
and effective work in ferreting the guilty
party, and 1t was due to their interest that
Attorney Stuart was employed as add
tional counsel for the state.
James McNenny and Mcmahon made short
addresses on behalf Of the defendant.
To the surprise OF all the defendant went
upon the stand In his own defense, but
before leaving 1t made several damaging
admissions, though he denied the confess
sion. The most novel theory Of a defense
ever interposed in a criminal trial was put
forward by Loveswar's attorneys. The de.
PENDANT went on the witness stand ant
stated that DR.. Mcsloy, the coroner, tool
him into the sherifrs office. that the doctor
placed his knees against those of the de.
PENDANT and kept looking him SO, intent,
in the eyes that he said anything ant
everything the doctor wanted him to. Tit
theory argued by defendants attorney
was that the doctor by hypnotic powei
and the power Of suggestion made hin
confess to a false state Of facts.
States Attorney McCiunk closed for tn,
prosecution after supper in an able AM
thorough address and Judge Rice has Jus
finished instructing the jury, who retire,
to deliberate at s:07 p. M.