Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-06-03
VAIN GETS LIFE SENTENCE
Second Oolored Man Tried for Flurys
Murder Glad to Escape Death
ALL HIS LAWYERS EXPECTED TO GAIN
Criminal smiles when verdict L.
Read and Congratulate Him
self on Not HaVinG TO
DIE win Clark.

imprisonment in the penltentiary for life
was the penalty imposed by the jury upon
Calvin VAIN for his part in the attempted
holdup and murder Of Street Car Conductor
Edward Flury at the Albright switch
March s. The jury returned the verdict
at 4.3O yesterday afternoon after deliber-
ating three-quarters Of an hour.
VAIN smiled joyfully when the verdict
was read and he learned he had escaped
the death penalty. He was led out OF the
room by Sheriff Mcdonald Immediately
after the verdict was read, but his at
torneys. Joseph ]. Breen and Judge +. NJ.
Bartlett, thanked the jury personally for
the verdict. The verdict was taken by
them as well as by VAIN as a victory,
as they did not expect to do more than
save him from the gallows.
The verdict was reached without much
trouble. Six ballots were taken. on the
first the vote stood eight for life imprison-
ment and four for the death penalty. As
the balloting proceeded the jurors who
stood for hanging switched over gradually
to the majority, until the sixth vote, when
the agreement was reached. A. C. Smith
signed the verdict foreman.
The attorneys for VAIN declared they
were satisfied with the verdict and It is
not probable a new trial will be asked for.
County Attorney slabaugh began the
closing argument at 2 O'Clock and spoke
until 3:l5. He made a strong plea for con-
viction and the death penalty. asserting
that VAIN was as much or more Of a leader
than Clark. who was OBVIOUSLY convicted
and sentenced to d>1th. At the conclusion
OF his address Jadge Sutton read his In
structlons and at $3.50 the jury filed out
At 4.15 1t was announced the agreement
had been reached.
When VAIN was brought into the court
room to hear the verdict he appeared very
nervous. He showed the strain until the
words life imprisonment were reached
then his face became wreathed in smiles
and he leaned over and spoke to his at
torneys expressing his Joy at the verdict
The crime for which Harrison Clark was
decreed to suffer death and VAIN life i'm
prisonment was committed about 1918 or
the morning of March s, at the Albright
street car switch Clark. Vain and CIar
ence Gathrlght started out about 10 o'clocl
to hold up saloons. After going through
two they went. to the Albright switch II
time to catch the last car on which Ed
ward FURY was conductor. FURY ha,
just stepped from the car to turn tn
switch when VAIN. according to the stor!
OF Gathright, ordered him to hold up hi
hands. Then the shooting began and Flur,
was shot through the wrist and abdomen
the latter wound causing his death a weel
later
The arrest Of the colored trio was brough
about a few days after the shooting
through information given to the police b.
Mrs. Nettie Jones, to whom Clark CAV
the money obtained from the saloon hold
ups to keep. Fearing she would be impli
Gated II she did not tell what she kneN
the three men were arrested.
Clarence Cartwright, after his. arrest. mad
a confession OF the whole thing and az
peRred as a states witness in both cases
lie has not been tried yet. .-.t
Shortly after their arrest an attempt wa
made by a mob to take them from tn
jail and hang them, but they were spirite
away and taken to Lincoln until the e0
element died down.