Omaha daily bee., 1906-04-11
GATHRICHT TELLS ON CLARK
OOnfesses to Being with Latter When he
Shot Edward FURY,
ALsO lMpLcAILs NALN N MUROLR
Says After the FAataI HoIduP Both
IIi- Pals Turned ON Him-
Motormsn Patterson Also
Testines.
=. 9. JansenI 81 ssouth mn. teamster

saloon keeper
J. L. Livesey. 9gS Capitol avenue. chief
clerk American Smelling and Refining CO.
J. 1. Watt, 2a6 Willis avenue. contractor.
f. f. Meridith, i011 North Twenty-ninth
street, railway mail clerk.
W.. c. Chissell, 25s4 Harvey. advertising
man
n. s. Brown, lo5 South Twenty-h fifth, trav-
cling man.
Thomas. Downey Twenty-nfth and I,
South Omaha, clerk packing house.
A. E. Burke, Valley, farmer.
T. Fl, Long, South Omaha, medical stu
dent
Hans PAIL, Station b. R. +. D., Omaha
farmer.
After examining most OF the nlnety-eight
veniremen the twelve men named were
selected yesterday morning to try the case
OF Harrison Clark charged with the murder
Of Edward F1ury, the street car conductor,
March 8, at the Albright end OF the Thir-
teenth street line. The prevailing senti-
ment against capital punishment was the
obstacle in securing. the jury
GathriEht Accuses CLARK.
Clarence Gathright, one of the three
negroes who attempted the holdup of Flury,
which resulted in the murder Of the latter,
went on the witness stand yesterday and
testified against Harrison Clark who Is on
trial before Judge sutton for the crime.
Gathrights testimony was along the same
lines as his previous confession made
shortly after his arrest. His story was the
interesting feature Of the day.
When the session began at o'clock
County Attorney slabaugh made the open
ing statement to the jury, detailing the
movements of the three defendants on the
night of the crime. He offered to show
Clark had borrowed revolver the day
before the shooting and had returned 1t
shortly after It. Clark. he said had a
Ss-caliber revolver and the bullet taken
from the body Of the murdered conductor
was %.
Hugh Myers. for the defendant made no
statement of what the defense would be.
Motorman Fred S. Patterson, who was on
the front end OF the car, was the first
witness to take the stand. He did not
see any of the men close enough to iden-
tify them He noticed two or three mon
coming toward the car as it was stading
at the Albright switch. Then FURY got
of the car to turn the switch with his foot,
The next thing he heard was the fusillade of
shots. about fifteen being fired, in the
opinion of the witness After the firing
ceased F'1Iry gave three bells, the signal
to back up Patterson backed the car to
the other arm of the Y and received the
two-bell signal from Flury- to go ahead.
He started up and then looked into the
car FURY came in from the rear door
with his gun ia his hand. He showed
Patterson wound IN his wrist.
saves Money but Loses Life.
s.urou stt5a,, 81 y, 8" No said
Did they get Your money!" Patterson
WaNo. '26u bet ,rs1yl didn't 40 a>
Fhiry athen sanE $50 a seat and turned
deAthly pale AEplt6 this time neither lie
nor Patterson had realized he was seri-
ousIy wounded. Patterson ran the car to
the hospital and helped FURY In.
County Engineers Beal identified large
plat of the scene Of the murder. 1t showed
Flury-was standing about fifteen feet from
the Sarpy county line when the shooting
took place. DR.. A. p. Condor, who treated
FURY, testified as TO the nature OF the
wounds and that death was due to the
bullet which passed through the abdomen.
He also identified the bullet taken out Of
Flury's back as a 3S-caliber.
Gathright was the next witness on the
stand He Is a small, black negro with
shifting eyes and an indolent air about
him. While he was testlfying he reclined
in. his chair to the right side and rested
his head on his right palm. He hooked his
left arm around the back Of the chair and
stretched both legs out comfortably in
front Of him. He laughed in careless
sort of way several times during his tes-
timony and did not seem to take his sit
uation very seriously. He said he was
nineteen years old,
Hiding from Omaha Police.
The witness said he had gone to Calvin
Waln's house the night OF the murder for
the purpose of avoiding the Omaha officers
who were looking for him on a burglary
charge. VAIN and Clark came in later
and about 1870 o'clock went out. Gath
right followed and caught up with them.
They began to talk about a previous
holdup and when he found they were going
to hold up some saloons Gathright said he
objected to going any further with them.
He said they told him he had gone part
way and would nave to stay with them
They held up two saloons, one on Thirty
second and r streets and another on Thir-
tieth and L streets. Clark he said had
given him a revolver which would not
work. 80 CALDER gun.
when we crossed the Rock Island
tracks he said. "Clark saw street car
and said, wen get that car Then we
crossed the track about a block below the
y and started toward the car. VAIN said
we would have TO hurry or the car would
get away. They told me to put on the
mask, but wouldn't do it. VAIN went
up to the conductor and told him to hold
up his hands. The conductor shot and
NValn shot Clark WAS trying to make me
put on the mask, but he ran towards the
car and shot too. Then he looked around
aud took a shot at me and VAIN also
shot at me- Then l started to run and
Clark ran after me-"
Clark Fires Last at FURY.
lie said he thought between ten and
twelve shots were fired, Clark firing the
last one at FURY lie saw Clark after
ward. once at Mrs. Ewing's, Waln's mother
There Clark said. That was a bad shoot
ing scrape we got into Clark he said
had three guns on him then. Gathright
said he had not been promised anything
for testifyng and said he did not expect
70 get life sentence instead Of death for
going on the stand
James Ross a colored man, from whom
Clark borrowed one of the guns he had with
him at the time OF the murder, testified
Clark got the gun Wednesday night and
returned It Thursday morning after the
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