Omaha daily bee., 1905-05-29
WEEK MORE OF CASE
DsnnlsOn Trial Promises to Extend Beyond
Ensuing Six Days
COURT MAY OBSERVE THE HOLIDAY
Defense Expresses Satisfaction with oOndi-
tiOns Up to Present.
THINKS PROSECUTION HAS FALLEN SHORT
Attempt Still Being Made to Take shsr-
clitfe Out Of State
cUkMINS WILL NOT GIVE HIN UP
Governor says He viii Not Honor Any
Request for Former Convict
UntL Present Trial
is over.
cUNsIss WILL NOT GIVE HIM U
lFron a star correspondent.l

(From a STAFF Correspondent)
RED OAK, Ia, May 2S.-,special Tele-
gram.)-The Dennison trial. which con- |
Eumed all Of last week, will, in all proba- |
bility, not be concluded this week 1t has |
about been decided TO hold no court Tues !
day, Memorial Gay, and because Of this 4
the case may run a day or two into next
week. 1t has not yet been fully decided 1
just how long time will be consumed in /
making the arguments before the jury or
what attorneys will make the opening and /
closing speeches on either side
The prosecution concluded its case Satur- |
day morning ana the defense has made |
considerable progress on its side Of the
case. Mcmillan, who, it is alleged, received
$3.50 for assisting in securing the sher
clife parole, and Chief of Police Donahue
of Omaha. both witnesses for the prosecu-
ton, failed 10 put in an appearance when
called. and an effort will be made TO secure
their presence this week. 1t was explained
by the court that Mcmillan was busy in
federal court, being United States district
attorney. while Connell announced that
Donahue was in Washington city, where
he had been Injured in an automobile acci-
dent, and probably would be in Red oak
Monday.
Defense Feels Encouraged.
At this stage Of the game the defense
feels very much encouraged. For a time
It seemed probable the defense would place
Dennison, Lewellyn ana a few others on
the stand and allow the case to go to the
jury without attempting to impeach the
witness. shercline, by long line Of wit
nesses. This counsel, however, failed to
prevail, and all the Witnesses for the de-
fense Will be called.
The defense feels, however that the
prosecution has made no case against Den
nison, IL being up to the prosecution to
show that Dennison actually went to Mis-
souri, Valley, la, and dug up the Pollock
diamonds The only evidence introduced 10
that effect was the statement OF Shercliffe
that Tom Dennison told him he had dug
up the diamonds This fact will. the de-
fense claims, have 10 be established be-
yond reasonable doubt before convic-
tion can be secured.
The corroborative evidence introduced by
the state has nearly all been contradicted
by the defense. The statement by sher-
cliffe that Dennison had sent $3.50 to Charlie
Mullen at Seattle TO go his bond has been
contradicted by a deposition from Mullen
and a copy of the original petition show
ing that Mullen had gone through bank
ruptcy to escape paying the bond
1t has been proven by the state, through
Warden Jones of the Iowa penitentiary
that Dennison had visited Shercline in
prison and left him money.
Not Denied by DennisOn.
1t has been proven by the state that Den
nison assisted in securing the parole Of
sherciifre but these two latter charges
have never been denied by Deunison.
The state failed to prove that Dennison
admitted ne had spent the money for Sher-
clfe's release. as specified in the Dennison
financial statement. The state attempted
10 corroborate sherclines statement that
Dennison needed money after the Sullivan
Corbett fight by showing that he had bor-
rowed in all $500 from the Omaha Saw
ings bank and also to corroborate that
part OF the financial statement showing
than he had paid 500 in interest TO the
bank.
The defense already has proven, how
ever, py an affidavit from Sandy Griswold
OF the world-Herald and by Hines, a
gambler Of Cheyenne, that Dennison loaned
the latter S.7OO Immediately after the hght
and that Dennison came home from the
fight with a big roll of money and that
Hines paid Dennison the 81, 200 within a
week or ten days after the night
The statement Of Sherclife that Denni.
son aug up the diamonds at Missouri VAL
ley has been contradicted by Mrs. Eva
swarts. formerly Of Logan. who swore
that Shercliffe had told her he himself
had taken the diamonds into Omaha, and
by the testimony Of c. E Beane, who said
shercnre told him the same thing. and
by one or two other dispositions.
BY Shercliffe himself the defense hAi
proven that Harry Bronze, Elmer Z
Thomas and Secretary Ware OF the OmahI
Civic Federation had given money Il
shercifIe since he made his affidavit in
fense considers very important in estab
fishing the fact that a conspiracy had beeI
hatched up 10 ruin Dennison POLITICAL!
and financially"
what shercIiHe Told Beane.
Beane. for the defense, also testified tina
Shercliffe had told him while both wer
in Kansas City hospital that Dennisol
was not implicated in the Pollock robbery
but that he was going back 10 Iowa 1
testify against him, and thus he woul
secure his own release from the peniten
tiary. Another convict in, the Iowa pen
itentlary had made afhdavit that sher
cliffe made him a proposition 10 get him I
swear 20 a statement that would be fixe
up for him against Dennison.
The state failed to produce a witness
show that DennisOn had been 10 Missoul
Valley that he had bought a butche
knife there, as testified 10 by Sherclife, VIII
said Dennison told him he had done ths
Tomorrow the defense will put on IN
stand Hooker alleged 10 he shercnne
banker who viii swear that Shercliffe ha
left some $500 with him 10 be used in de
Tending Shercline should he ever be cauEh
Hooker has the dates the money was de
posted with him. This viii 20 10 eslal
nsh the claim OF the defense that Denniso
did not spend the nA00o In sherclines b,
half as shown in the financial stAtemer
which one convict said shereliTe had tol
Aim ne had "conned" Dennison into mai
Ag so that he could use Il against him
the right time. II has not yet been decide
Just when Dennison viii go on the stand
Interest in Case Grows.
Interest in the case has grown constant
ana every day the court room has bee
Continued on Second PSEsl