Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-12-06

| language Of the court and continued after
discussion which was more or less
heated. He declared each member of the
| exchange fixed his own price and the price
list published by the secretary was merely
| a tabulation of quotations made by the
members in order that prices might be
public end known to everybody. He said
this was done to prevent the making of
| secret prices. County Attorney Sabaugh
also objected to his referring to signs in
view from the court house window as evil
dence that soliciting was not prevented.
Not Proper In Opening.
II am glad" he said in closing, "of this
chance to present the truth to this fair
minded jury of twelve men,
This statement was objected to and Judge
Sutton held'it was not proper in the OPEN
/ ing address. County Attorney Sabaugh
started to discuss his objections, when Mr..
COnnell sat down and announced he was
! through. -.-.
! Judge Slabaugh asked that all witnesses
on both sides he excluded from the room
during the taking Of testimony. Mr.. Con-
nell objected, but the court ordered both
sides to keep their witnesses where they
could not hear the evidence Owing to the
frequent heated discussions between the at
torneys, Judge Sutton Instructed the jury
to pay no attention to the remarks Of the
attorneys excepted when directed to the
jury.
( Walter Wills, who was secretary of the
Coal exchange from Oct1bsr, 1902, until
September 1905, was called as the first wit
ness for the state. An animated scrap be-
tween the lawyers took place when County
Attorney Slabaugk started to have Mr.
Of mir slrav hx
him as secretary. The progress was slow
owing to the -closeness with which the at.
'torneys contested the admission OF the evi.
dence. After the preliminary questions
County Attorney Slaabugh started to Offer
I'm evidence various parts OF the record
Mr.. Connell at once made objection, con.
tending they related to acts done more
than eighteen months prior to the bringing
of the indictment and consequently the
statute OF limitations would run on them
He also objected because they were don,
before the Junkin law went into effect
July !. 1906. This law he commended, re-
pealed the other trust laws and the appii
cation OF the law to acts committed prior
to the time It went into effect would be II
the nature OF ex post facto. which is pro
hibited by the constitution.
Bound to he Delay.
II IL now apparent that all of the Goa
trust cases cannot be tried before January
l. when County Attorney Slabaugh givei
up his once. Judge Slabaugh said h,
would try to have at least one more tried
before that time, but he has little hopei
OF covering more than one. The defens,
has indicated In case of conviction 4
will 20 to the supreme court. This makes
II certain most of the cases will be lef
with County Attorney-elect English I,
fight. AS the defense contends Mr.. Engllsi
approved its constitutional bylaws when 4
was first organized. he will be placed ii
a peculiar position when he comes to trl
the cases, In reply to a question as I,
what course he would pursue in these casei
Mr.. English said;
II will not decide my course in any cas-,
until after have taken possession OF tn,
once. have not Investigated any OF IN,
cases yet and will not do so until becom,
county attorney. l viii then decide ny
course in each case on it's merits can
not indicate my course in advance"