Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-16
STATE RESTS on O'HEAUN
County Attorney Concludes Evidence and
Defense win Open This Morning.
ACCUSED LIKELY TO GO on STAND
Portions OF statements TO Police by
Angus and warren CorrobOrnte
Testimony of Nelson
AEainst O'Hearn.

Portions OF the statements made to the
police by Leo Angus and Joe Warren were
admitted az evidence IN the o'Hearn muir
der trial yesterday and read to the jury.
This practically concluded the states case
and at o'clock County Attorney Slabaugh
rested The defense asked to be given UNI
I'll this morning to get ready for the de-
Tense and an adjournment was taken until
o'clock.
Jay O'Hearn. the defendant. may go on
the witness stand today to tell his story
Of what occurred in the Lausten saloon.
His attorneys had not fully made up their
minds whether ne would testify or not, but
MIR. Fieharty, one OF his attorneys. said Inc
probably would go on the stand. Mr.. Eng
fish told the court yesterday the defense
would probably finish its case by noon. II
this is done the arguments will be taken
up Immediately after the noon recess and
The case will probably go to the jury some
time Saturday
The statements OF Angus and Warren
we're listened 10 with deep interest by the
crowd Both confessions corroborated Nela
sons story on the witness Atand Angus.
In his statement said he was 10 years old
and had known OHearn five years. At the
Isausten saloon I've said he wes placed on
guard at the front door. He was looking
in at the window just as the shot was fired.
"As near as could tell Jay o'Hearn fired
the shot, he continued then I ran"
Could Not see Nelson.
He said he could not see Nelson but he
saw the barkeeper fall After he had run
some distance he says Warren caught up
with him and they went to Washington hall.
The statement confirms Nelson's story Of
the purchase OF the 32-caliber revolver with
which the shooting was done. by Nelson
and Angus, and adds the gun was turned
over to o'Hearn the night Of the murder.
The incident at Washington hall is added
in postscript.
81 asked OHearn II he shot the man be-
hind the bar and he answered: Yes
smoked him."
In his statement Joe Warren said he was
% years old When they arrived at the sa-
loon the FIRST time he said he, oHearn and
Angus went into the saloon. bought a glass
Of beer and went out afterward meeting
Nelson. Someone. he did not know who,
said I'VE will stick up that place"
They went back to the saloon and War
rem said he thought oHearn. Angus and
Nelson went in the place, though he was
not sure all of them entered. He was told
TO watch the back door to stall" those
them for match in order to stop them.
Got Cold Feet.
II went 70 the back door" he says, but
did not stop. /, got GOLD feet and went
right on. I kept going faster and when
heard the shot ran away"
He says Angus caught up with him and
they proceeded to Washington hall, where
they met OfIearn and Nelson. He said he
had no gun. The gum. keys and money
found on him when he was arrested were
given him by Nelson when they were in the
room together at the Dewey hotel. The
statement ends with an expression of thank
fulness that he Is able to relieve his mind
by cenfessing the whole thing. 'r. b..
Before the confessions were introduced
several WITNESSES were examined as to what
took place when the statements were made
in Captain Dunn's ONCE. Judge Sutton tenn
porarily ruled out of the records the state
ments made, by witnesses at the forenoon
session than O'Eearn,- Angus and Warren
rolled cigarettes while Nelson was telling
his story IN the Iausten saloon the Monday
after the robbery He will finally pass on
the matter today. ,2
crowd Packs Room.
Tie crowd during the morning session
was smaller than IL was Wednesday
though large number Of people had to
stand.
Otto Born who testified yesterday he
saw Nelson with light overcoat on and
oHearn with . long black overcoat on in