Omaha daily bee., 1906-12-13

county attorney preventing continuance OF
Omaha and South Omaha Coal exchange
and entolning removal or destruction Of
books and records OF the exchange
October l-Grand jury begins investiga-
october 12-Deposltions os Secretaries
Wills and Ostrom taken and copies Of inn
portant documents made.
october 3-Grand jury returns indict-
ments.
December S-samuel E Howell. president
/ OF exchange, pleads not guilty.
] December Jury selected TO try Howell.
] December 1O-Case given to jury.
December l2-Jury returns verdict Of
guilty.
! Byron R. Hastings, real estate, s51s Dodge.
Thomas Gillespie ex-liquor dealer,
/ Tr!rty-eighth and L. South Omaha.
I Charles L. Hooper, advertising novelties,
2620 North Nineteenth avenue.
Henry Alexander, dining car cook, s1
South Tenth
| N. e Dillrance, horse dealer. boards at
Karbach.
Dennis sheean, Union Pacific car repairer.
l7O4 South Thirteenth.
Frank Lynch, cook. 1120 Dodge.
Anton Dokuli 4l39 South Seventeenth.
J. H. Muldoon, engine foreman, 215 Cali
fornia.
/ f. B. Brain, manager Omaha School Sup
| ply company. 1547 South Twenty-eighth.
| ]. F. winett, inspector water company,
| 2624 Caldwell
L. NJ. Cash, salesman National Cash Reg
lister company, 1l2 North Twenty-fourth.
After thirty-five hours OF almost cease
less deliberation the jury In the first Of the
Coal trust cases returned this veEdiet into
Judge Sutson's court Wednesday morning
at s:40 o'clock. The fact a verdict was
reached at all after two nights and a day
Of fruitless work on the part Of the jurors
I "A rrfNh ha
case The defense gave notice it would file
a motion for a new trial and indicated It
would cary the case to the supreme court
IL necessary, in an endeavor TO have the
verdict set aside.
| The twelve jurors, wan and tired from
the long vigil, were granted excuses from
further service BY Judge Sutton as soon
as the formalities Of returning the verdict
had been completed. They all expressed
great satisfaction that the arduous case
was over and gathering up their overcoats
and bundles hurried home TO make up the
sleep they have lost
Contest over the Result.
The contest In the jury room was a hard
one according to hints that leaked out
curing the morning The frst ballot stood
Z TO S for conviction, but after a little dis
cussion two of the hve deserted TO the ma
jority and for the rest OF the long session
the vote continued TO 3. 1t stood at this
point most OF Tuesday and Tuesday night
The jurors worked until late Tuesday night
and then settled down on chairs, benches
and tables as best they could to get some
sleep. At o'clock Wednesday morning
the balloting began again and sull the
three hung out. The jurors went TO break
fast with no evidence Of a break in the
deadlock On their return from the morn
ing meal another ballot was taken and two
more went to the side Of the prosecution,
making the vote stand Il 10 L One more
ballot resulted in the agreement.
| The verdict was reached about o'clock
anu the defendant and his attorneys were
at once summoned by telephone to hear the
result At $40 the Jurors, looking much
the worse for the hours spent in the jury
room filed into court and took their places
In the box Foreman Edwin B. Brain
handed the verdict 10 Bailif Rirkendai.
who passed II TO Deputy District Clerk
Gallagher who read 1t. Deep disappoint-
ment was written all over the faces OF the
eight OF ten coal men who were In the
court room when they heard the word
, guilty" Up 70 that time they had ex-
pressed themselves as confident Of an ae-
quittal.
Defense Demands Poll OF jury.
J. T. Stout, representing the defendant
asked that the jury be polled and In reply
70 the questions Of the district clerk all OF
them declared they had agreed 10 the
verdict and stiu adhered 70 II.
| "GentIemen OF the jury" said Judge
sutton after the formality had been nm
ished. "the court realizes this has been
a very hard and laborious trial for the
Jurors It has probably seemed hard 20
the jurors that they should have been
locked up during the case. This is the hrst
Jury for some time that has been out two
continuous nights Jurors are ike soldiers
They nave to make many sacrifices for
their country. believe the sweetest
memories Of old soldiers are Of the. hard
ships and privati0ns they have undergone
am satisfied that Us years 90 by you will
look back upon this service and IL viii
give you no little satisfaction 70 recall
the hGrdships you went through In the
service Of the state"
Judge sutton said he would excuse any
OF the jurors who wanted 70 go home
All OF them made applications 70 be re-
Mevsd from further service.
Ar. Howell, the defendant gave a bond
for 5000 signed by John Z. Won Dorm
The maximum penalty that can be Inn
posed Is a hne Of 500 or one years i'm
prisonment OF both in the discretion OF the
court. Sentence viii not be pronounced
until the motion for a new trial has been
passed on. which vii probably not be for
a week or two al least.
Triumph for sIabauEh.
The verdict Is considered an important
victory for County Attorney slabaugh and
his sian. Hs Il receiving eonSratulati0na