Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-11-23
BUSSE TO HANG in DECEMBER
Lawyers Exhaust last Resource in Behalf
Of Condemned Nan.
SUPREME cOUR ntFRHs SENTENCE
Inmates of Different state Institu-
tiOns Have over Thirty-Three
Thousand Dollars on
Deposit.
LION q son correspondentO


penitehtiary at Anamosa on December IA, as
a result OF the action Of the supreme court
today in affirming the action of the district /
court Of Linn county in Diminishing the PEI
tition for a writ OF habeas corpus for |
Busse. Busse was tried and convicted in |
the district court of Bremen county on an /
indictment returned in Butler county where |
the murder was committed. He appealed /
10 the supreme court and the court was /
evenly divided. three for affirming the /
action OF the lower court and three for re- !
versing It, the division being over the def |
milton of manslaughter given by the lower |
court in its instructions to the Jury. The |
supreme court being evenly divided, ac- |
cording to the Iowa law the action of the !
district court was affirmed. The execution
Of Busse was set for April 30 and his at
torneys asked for a writ OF habeas corpus
TO take him from the sheriff at Anamosa on
four grounds, first, that the indictment was
returned by six instead of seven grand
Jurors that the first date OF execution,
fixed for some time in 1903, having passed,
the governor had no authority to fix an
other date because the supreme court did
not enter a new Judgment; that the SUI
preme court being evenly divided on the
first appeal, raised the question of reason
able doubt" The court today holds that
the question of six instead of seven grand
jurors is a question OF error that can be
raised on an appeal in the first instance.
but not i'm a petition for habeas corpus
! for the release of the prisoner; that the
| opinion Of the supreme court is ample au-
thorlty for the governor to fix new date.
as the supreme court has no authority to
/ enter a Judgment in a criminal case and
can only affirm or reverse the judgment
| . nd the
question of the supreme court being evenly
| divided raising the question of reasonable
doubt. Is a question for juries trying facts
and not for courts deciding questions OF
law. The crime for which Busse must
hang was committed June Is. 1901. He was
convicted Of numbering his wife, the claim
being that he struck her over the head with
| a chair and then saturated her clothes with
kerosene and set FIRE to them. The date
for the execution has been set four times,
and If now made will be the first at the
Anamosa penitentiary.
Casey Man Commits Suicide.
Charles S. McAIullen of Casey, Ia, a
young man, committed suicide at the Sa-
very hotel in this city today by stabbing
himself through the threat with a PEN
knife and hanging himself with sheet
from steam pipe. McMullen is a young
man, who had been studying law I'm the
office OF A. f. Fagen at Casey. He worked
at one time in this city and is a SON of
Joseph McNullen, who lives Just outside the
city limits Of Casey, and is engaged in
the poultry business. No. motive for the
suicide is known. He has q sister living in
this city at the corner of Fourteenth and
Buchanan streets the wfe'lof street car
= conductor. McMullen came to this city
Tuesday from Casey and engaged rooms al
the Slavery. He stayed much Of the time
in his room. At noon today, when the
chambermaid went to the room, she dis
covered the body. He had twisted sheet
into rope and tied it no steam pipe
: leading to the floor above, fastening II
near the ceiling. He had evidently stood
on chair with the Moose about his neck,
stabbed himself through the throat and
q. then kicked the chair from under him. The
body has been turned over to the cor
oner.
Want Iowa History Taught.
state Superintendent Riggs has beer
I asked by the Grand Army Of the Re.
i public and Women's Relief corps of Fair,
field, Ia. to endeavor TO have the his
e tories used in the state give due and
+ proper credit TO the men from this stat,
. who were leaders in the civil war Super
intendent Riggs is giving the matter hi
, support and has written to the publisher
of school books for their cooperation
. The Grand Army Of the Republic anC
Women's Relief corps at Fairfield hav'
:. passed resolutions asking that General S
n H. NJ Byers Of this city prepare a supple
n ment to be printed with the regular his
> tories of the state in which the additions
y information is given.
p Inmates Have Much Money,
81 A report made to the State Board o
l. Control shows that the inmates Of tn
- state institutions have a total Of So, 1898
1t on deposit with the superintendent Of tn
ig state institutions There are In round mum
II bers total of 1900 Persons confined Il
n, the state institutions. The greater amour
d Of deposits are at the Soldiers home a
s. Marshalltown, due to pensions received
b. There is sl2.s2LSs on deposit there an
s615O.N at the Fort Madison penitentiary.
NOn-Fraternittes Win.
In the election of officers of the senio
le class at the West High school in this cit
pc today the candidates OF the nonfraternit
students won. The election took severn
hours The entire question OF fraternitie
or no fraternities in the school. which ha
e. been a bone of contention between stu
IN dents and faculty and Board OF Bducatio
D for some weeks, was at issue The victor
is a victory against the fraternitiss.
who Helped Charles Thomasf
- The grand jury Of Polk county Is mai
rs ing some effort now to ascertain who az
"a companied Charles Thomas in disposing
an the body OF Mabel Scoheld of Maxburl
ne The supreme court finally determining III
ed guilt Of Thomas yesterday, II is believe
ne by the sherih's Office here that Thoma
he will disclose the name of the person VIII
on helped him dispose OF the body IN the rive
ny ali the evidence being that Thomas wa
ch seen in a buggy the fatal Sunday morI
b. ing with another man and the body
N. Mabel scoheld between them.
NC Swift Case Tomorrow.
va The trial OF Rev. John II. Swift Of VIII
W. terset, Ia, in the federal court for sem
To- ing threatening letters through the Unit'
li- States mails viii be heard tomorrow I
&c is alleged 70 have made charges again
iai W. J. Cornell, prominent Winters
banker, implioting a young woman OF Il
town with him.
,ss Former Omahan ON WaFpath.
nd Wildly shouting defiance. II. B. Moor
a. formerly Of Omaha. held three big polio
men at bay for several minutes yesterd
afternoon after he had bodily throw