Omaha daily bee., 1902-03-23
OMAHA NATIONAL BANK CASE
Speculation as to Outcome if Judge
Holcomb Does Not Vote.
LINCOLN RULES AGAINST THE SOCIALISTS
Frank MARSHALL, Convicted of KiIIinR
His Niece, is Sentenced to Peni-
tentiary for Life-GeneraI
News of the state.
(From a STAN Correspondents

(From a STAFF Correspondent
LINCOLN, March 22.-(Special)-There
appears some likelihood that Judge Hol-
comb will not participate In the decision
of the State against The Omaha National
Bank, which is expected to be delivered
soon, and attorneys are wondering what
effect his absence will have II the other
judges are divided on the questions at is
sue. Judge Holcomb listened to the oral
argument. but the report has gained cir
culation that he did so to enable him to
act intelllgently II called upon to cast the
deciding vote.
In supreme court procedure II is usually
the rule that two votes are required to
reverse a. decision of the lower court. and
in the event Of Judge Holcomb's absence
from the decision both Judge Sullivan and
Judge sedgwick would have to vote to-
gether In order to secure a reversal of the
lower courts decision. (which was against
the state.
RuIes Against the Socialists. Q
City Clerk Pratt has ruled that the So
ciglists Of this city shall have no repre-
sentation on the ofleial ballot at the forth
coming municipal election unless they de-
sire to have their nomipees so on by Pc
tition. This decision was reached at the
Va aA 6aNANAao - - 49,
council chamber this morning, at the end
of which the socialists were ordered to
leave the building. ]. S. Burleigh, an at
torney who appeared to argue against the
objections Of the republicans and fusionists.
asserted In a loud tone that the city clerk
was a coward and a tool. and a socialist
street orator who had been listening in
tently to the proceedings, loudly proclaimed
that the hearing was like the trial Of q
case IN hell, With the devil as Judge. fhe
socialists, It seems, held a mass conven-
tion In a corridor Of a building at Twelfth
and N streets and nominated candidates for
city ofhees. They nled certificates Of nomi-
nation with the city clerk. but not until
after the time allowed by law for doing
so had expired. II was also shown that
the organization had adopted a portion OF
an old party name. both these facts counted
against them and their cei tihcates were re-
jeeted.
MarshaII' Sentenced for Life.
Frank Marshall, the negro who killed hii
niece, Vernal Lee, last July, was sentenced
by Judge Holmes this morning TO pass the
remainder OF his life In the state peniten'
tiary. TIE motion for a new trial Of th'
case was overruled and the attorneys o
the convicted man say they viii not appea
10 the higher tribunal. In summing up tn
case Judge Holmes addressed the prisoner
The jury has found you guilty OF pre-
meditated and deliberate murder notwith
standing an able and thorough defense, an
nxed the punishment for your crime at i'm
prisonment for life. The court has care
fully examined all that your counsel hav
said and urged In support Of their motiOl
for a new trial. but ! feel that the verde
Of the Jury was right aud that you shoul
be taken away where people may be SAT
from you. I have watched the evtdenc
\ carefully as Il w@ introduced. and
watched yop during the trial. While ! be
lievs that you have peculiar ideas abou