Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-07-19
SUSPECTS ARE DISCHARGED
Justice Fisld Says Evidence is Not suf
fcisut to Hold Them.
DORIAN AND TRATTEER ARE REARRESTED
Make n Run to Escape, but the
Officers Are Too swift and Omaha
Men Are Again Behind the
BARS in Council Bluffs.

Justice Field yesterday decided that the
evidence adduced at the preliminary hear
ing against Barney Doran and Joe Trait
ner, the alleged car bandits, was not suf-
fcient to warrant him holding them to
the grand jury and he accordingly dis
charged them Doran and Trattner en-
joyed. however. but brief period OF lib
erty as they were rearrested on another
charge Of robbing Motorman Leuch on the
night OF July 2. the warrant being issued
from the court OF Justice Gardiner whore
County Attorney Hess filed the new in
Formation on learning that the defendants
had, been discharged by Justice Field.
County Attorney Hess had not antici-
pated that the justice would do otherwise
than hold the two men in face Of the posi-
tive Identification by Motorman Leuch, and
he was not prepared with another war
rant when they were discharged. No time
was lost however, in filing the new in
formation In Justice Gardeners court and
securing the new warrant Doran and
Trattner on being discharged returned to
( the county jail 20 secure their clothing
~ and other belongings and this gave the
county attorney time in which to secure
the new warrant Doran and Trattner
and their friends were taking matters
leisurely when some one tipped of the in
had gone 10 Justice Gardeners court for q
new warrant Bidding their friends q
hasty goodbye Doran and TrattneI
started west on Willow avenue on the
dead run but had only reached the
Illinois Central tracks when overtRken BY
the oflcers, who were in two buggies. Al
soon as they saw the officers the younl
fellows ran in among the cars on thu
tracks and for fifteen minutes or so gay'
the officers a merry chase, but were fnall!
captured by Deputy sheriffs Woolman and
Groneweg, who. relying on their sprintinl
powers. had abandoned the buggies
Doran and Trattner, apparently mucl
disconnected at their rearrest and disap
pointed over their failure to get away
were taken before Justice Gardiner AM
their preliminary hearing set for Thursday
Their bonds were placed at 1890 each
after which they were taken back to tn
county Jail Doran appeared exceedingly
nervous but TrattneF seemed 60 take IN
situation coolly.
As had been expected tho accused az
tempted 70 establish an alibi and sewers
witnesses testified TO both Dorau and Trait
ner being at their homes the night IN
two motors we're held up near the cas-
end OF the bridge.
Doran's wife testified that her husban
eross-examlnation admitted that she ha
told the onleeFs when they first called o
her that she was not certain whether
was at home that night or not Doran
mother was in court, but did not tesuf'
Mr. and Mrs. Smith, with whom the DoraT
roomed, also testified that the young ma
was at home that Sunday night
Trattners mother and sister before test
ned that he was at home that Sunday nigl
and a man named Gardiner, vender OF Il
cream on South Thirteenth street testih'
that on the night OF Sunday, July at
o'clock. he sold pint OF ice cream TO
young man whom he believed to be Trait
ner.
The testimony Of Doran's wife was TAKE
as a deposition In order that It mig
= be used in the district courtlf the men a
held for trial as she informed the author
ties that she intended leaving this Sc
! ton OF the country in the near future.
The preliminary hearing of DOran 81
Trattnsr before Justice Field was on q
charge of robbing Conductor Mathis
alone. In the new information before Ju
tiee Gardner they are specifically charg
with robbins Motorman Leueh. II is e
pected that the defendants will take
change OF venue from Justice Gardiner
court 70 that OF Justice Field.
- When Doran and Trattner were tax
back 20 the county Jail from Justice Gs
diners court they were handcuffed
Eether, a pair OF handouts belonging
former Constable Albert being used.
the county JAN Il was found impossible
unlock the handouts on DOran and ma