Omaha daily bee., 1902-10-06
ST. LOUIS GRAND JURY QUITS
Is Discharged After Returning Another
Indictment for Bribery,
SIXTEEN MEN ARE NAMED IN THIS
Members of Municipal Assembly VIII
Have 10 Appear TO Give New Bond
Attorney FOLK Delays Prose-
cutIOn Of N~IchoIaus.

ST. LOUIS. Oct. 5.-The June grand jury.
which has been in session continuously
since IL was called into being. has made
It's FINAL report and has been discharged.
No written or verbal communication &C
companied the report.
The report was made in Judge Ryan's
division Of the court while the trial OF
Snyder was in progress. While Assistant
Circuit Attorney Bishop was making the
opening argument for the state to the jury,
Judge Douglas Of division No. s ascended
the bench and sat with Judge Ryan. Judge
Douglas had sworn in the grand jury and
his presence was necessary when It made
its report. although the report was made
to Judge Ryan.
The Snyder jury was instructed to retire
TO the jury room before the grand Jury
was admitted. When Morton Jourdan of
Snyder's counsel learned In the afternoon
that the grand jury was to report. he de-
clsred that II was a "grandstand play OF
the circuit attorney to injure snyder's case
In the eyes of his jury by having the grand
jury deliver a sensational report on hood
ling. Mr.. Folk denied any intention OF
such a motive. II was to avoid any pos
sible cause OF complaint that Judge Ryan
Instructed the Snyder jury to retire while
the report was being received.
sixteen Arc Named,
OF the hve indictments handed In. four
related to criminal cases other than brib-
cry. The other indictment contains two
counts, in which sixteen members OF the
municipal assembly combine are jointly
charged with bribery. The men accused
are: John A. Sheridan, Emil Hartmann,
Edmund Beersch, Otto Schumacher, Charles
Denny, Adolph MADEIRA. John Schnettier,
Charles Gutke. Louis Decker. T. Albright,
John Helms, Julius Lehman, Charles F..
Kelly, J. j. H~annigan, William Tamblyn
and Harry Faulkner. against whom bench
warrants have already been issued and
information hled.
tn witnesses named on the back OF the
indictment are: Delegates John X. MUIR
rell, z. E. Murrell and George F. Robert
son.
The first count of the indictment recites
that on November %. 1898, the foregoing.
acting in their oficial capacity as members
OF the house OF delegates, entered into a
corrupt bargain with Ed Butler, by the
terms OF which they were to use their
influence and vote to secure the passage
OF the measure known as the city
lighting bill. 10 consideration Of the sum
OF S47, 500. paid by Ed Butler to Charles
F. Kelly, to be distributed among the
aforesaid delegates.
The second count OF the Indictment 10
an exact counterpart Of the hrst, except
as relates to the identity OF the person
with whom the bargain was made. and
who is charged with having psid the SAL ,OUU
to Kelly. The second count alleges that
the bargain with the delegates was made
and the money paid over by some person
n. .Argann a. 49, .-,-A A,-.v .,nHaAwn. -
With the return into court Of this in
dictrhent It will be necessary for those
named in II who are now out on bond to
come into court within a day or two and
give a new bond to cover the Indictment.
The old sureties will be acceptable on the
new bond, according to the usual practice
Of the courts.
Folk Needs More Time.
The trial Of Henry Nicholaus, charged
with bribery, which was to have begun
tomorrow in Judge Ryan's court, will be
! postponed until October 20, at the request
of Circuit Attorney Folk.
at would be impossible for me to take
up the case Monday" said Folk. when
we started with the Snyder trial Monday
morning 1 did not believe 1t would last
longer than Wednesday night. But we have
been on 1t all week and l have had no OPP
portunity to prepare for the Nicholaus case.
The case is one Of such Importance that
l shall not enter 1t without having made
all due preparations.
This coming week / shall give my at
tention to preparations for the trial OF
Butler, charged with attempted bribery,
which is to be held in Columbia. / do not
believe more than three or four days will
be required for that. The case is set for
October 10. One week from that date we
will be ready to try Nicholaus."
Henry Nicbolaus is charged with bribery
in connection with the Suburban deal. 1t
is alleged that the S135 900 put up to in
huence legislation in the Suburban bills
favor while It was pending before the mu-
nicipal assembly was obtained on notes
signed by Nicholaus, Ellis Wainwright and
Charles H. Turner, president OF the subur-
ban Street Railway company.
Nicholaus returned Thursday from a trip
abroad. Ellis Wainwright is in Europe,
and It is said that he and Nicholaus con-
ferred about the case in Paris. Wainwright
Is regarded by Circuit Attorney Folk as q
fugitive from justice. No warrant has ever
been served on him, as he departed for
Europe before the grand Jury returned the
indictment against him.
when Next Jury - Called.
The October grand jury will be sworn in
tomorrow in Judge Ryan's court. 1t is not
probable that the body will take up the
investigation OF the lighting bill scandal
Immediately, but will devote the first few
days OF its session to routine matters.
The appeal Of Delegate Julius Lehman
from the sentence Of two years imposed
upon him after conviction Of perjury in the
criminal court will be reached on the SUI
preme court docket Tuesday. October IL,
Lehman, recently indicted on a charge OF
bribery in connection with the lighting
deal, is now a fugitive from justice. 1t is
said that the supreme court, upon oficial
cognizanee Of the fact that he is q fugitive
from justice. will refuse to consider the APP
peal and erase the case from the docket.
Unless Lehman appears before that date
the sentence OF the lower court will be in
force and when b. is ~apprehended he will
be sent to the penitentiary. After his re-
lease the indictments now pending against
him may be revived.
The case against Charles F. Kelly, also
a fugitive. charged with misconduct in ONCE,
will be called In the court OF criminal con
| yiCtion Tuesday.