Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-15
WARREN CASE GOES TO JURY
Prosecution Does Not Ask that He Be
Sentenced to Hang,
Jay OHEARN PLEADS FOR HIS PARTNER
Condemned Man Takes witness stand
to Testify in Behalf Of
the Third of the
Quartet.

Quartet.
The fate Of Joe Warren was placed In
the hands Of the jury at $50 o'clock yes
terday afternoon. The arguments Of tte
attorneys had occupied the time from l;5q
o'clock except during the noon recess.
Neither Deputy County Attorney Fitch in
his opening argument or County Attorney
slabaugh in his closing address asked the
jury 70 inflict the death penalty. but both
made vigorous pleas for conviction. At
torneys HOLSTER and Fleharty for the de-
fcndant demanded verdicts OF acquittal on
the ground Warren had not been shown to
have had an intent to rob when the quar-
tct went TO the saloon. They contended
ho had r1ur with the others unconscious
OF ,hc ca.t lE,. v,., about to commit
crime q r- he had found what
th,y we, .,.. ,ay Mr. Flehariy
criticised t.a... ry siabaugh for
di,missirE ou yoaa. which would have en-
abled the jury go bring in verdict OF
second degree murder
Jury Locked Up for the Night.
After dciiberatin FOR over three hours
the jury had failed TO reach verdict and
az 1870 o'clock last night Judge Sutton
ordered that the jurors be locked up for the
night He gave orders not to be called to
hear verdict until after o'clock this
morning.
The jury began its deliberations at $3.50
yesterday afternoon. At O'Clock it went
to supper resuming the session in the jury
room ut 40 After three hours Of fruit
less efforts to reach an agreement, word
was received from Judge Sutton to lock
up for the night and the attorneys and a
few friends OF the defendant who had been
waiting for the verdict, left the court room.
The failure to agree at once is taken to
mean there is disagreement over the
penalty to be inflicted.
Under the charge pending against War
rem be can only be found guilty of murder
i'm the first degree, as the county attorney
yesterday withdrew the count I'm the infor-
nation which alleged murder with premed-
itation and retained that charging murder
committed during a robbery. This means
Warren will either be sentenced to hang,
TO life imprisonment or to acquittal
Tenor of the Instructions.
The instructions OF Judge Sutton were
lengthy and required twenty minutes to
read them. He instructed the Jurors that
if Warren was with the other defendants
in furtherance of a plan to rob Lausten
and one Of the other defendants killed
Lausten in carrying out the intent to rob
then Warren was guilty. even though he
did not do anything directly toward the
killing of the saloonkeeper.
Young Warren, who kept his nerve well
during the taking of testimony. showed
sgns of the strain he was under during
the arguments. He grew pale and nervous
and appeared TO be almost on the verge o.
losing control of himself while he wai
being arraigned by County Attorney Sla
baugh for his part in the crime. Mrs
Warren, his mother, and his brother 50
near him during the closing day of the
trial and when he was led back to Jail
after the jury had gone out. his mother
placed her arms around his neck and
kissed him affectionately.
Mrs. jay oHearn and Mrs, I,austen ant
her daughters were spectators during mos
of the session.
Crime of which He IL Accused.
The crime of which Warren Is charged
is the murder of Nels Lausten, a saloon
keeper. at Twenty-hrst and Cunning street
on the night of January 20, during an at
tempted hold-up. Warren and his CO
defendants, Jay O'Hearn, Raymond Nelsoi
and Leo Angus had gone to the salool
side and Angus and Warren we're statione
outside to watch the two doors. Lausten re
fused to put up his hands at the demand o
O'Hearn and he was shot through the hear
The four ran away from the place and me
again at Washington hall. They were al
rested the following day and Angus an
Warren confessed their parts, impiicatin
O'Hearn and Nelson. Nelson afterwar
confessed and was the principal witnes
for the state. O'Hearn was placed on tris
and convicted, the jury decreeing the deaf
penalty. Angus pleaded guilty and n
ceived life sentence, but Warren insiste
on a trial. Nelson has not been tried yet.
The state rested without putting an
more witnesses on the stand and the d.
Tense introduced only two witnesses, ia
O'Hearn, who was condemned to death fc
the murder OF Lausten and the defendaI
Joe Warren. The testimony OF each wa
TO the effect Warren did not know that
holdup was TO be perpetrated until Nelso
and C'EIearn went into the saloon. The
examina ton lasted until 11:3O. when tn
defense rested and without introducing an
rebuttal evidence, Deputy County AttoTne
Fitch began his opening argument to II
jury.
O'HeaFn for the Defense.
Jay o'Hearn, who was brought up fro
Lincoln, where he Is awaiting sentence
death, appeared more wan and pale tina
he did during his trial. Dark rings arour
his eyes indicated loss OF sleep and wOrr
but his mind appeared to be as keen ar
his wits as sharp as when he went on a
stand In his own behalf. He was not kel
on the stand very long. He testified TIL
neither at the meeting at Twenty-four
and F streets, South Omaha, or in Il
saloon at Fifteenth and Harvey was al
conversation had in the presence of j
Warren relating TO the holding up VI al
place or person. In the saloon WHIT
Nelson suggested he knew a place whe
they could get some money, o'Hearn sa
Warren was at the far end of the bar al
not close enough to hear what was said.
In his cross-eXauination he said he al