Omaha daily bee., 1906-04-29
yOOyAyS FATE WITH JURY
Argument and Judges Instructions Con-
oluded Late in Evening.
70 VERDICT HAS YET BEEN REACHED
william Hughes. Brought Back from
sheridan County, Gives strong
Testimony for the state
NoOnan Gees on stand.

The fate Of Frank Noonan, charged with
numbering Charles Carlson In South Omaha,
December 30, was given into the hands OF
the jury at 9:35 last night. Two hours
later no agreement had been reached and
Judge sutton left the courthouse with the
announcement he would return after
clock this morning in case a verdict is
reached.
The arguments OF the attorneys which
began about o'clock, lasted until after .,
with recess OF only an hour and half
for supper. County Attorney sabaugh was
insistent In his demands for a conviction,
declaring that no theory based on the evil
dence could clear Noonan. lie did not spec
fy any penalty and at no time did he de-
mand the infection OF capital punishment.
Noonans attorneys Messrs English and
Richie made earnest pleas for acquittal
declaring the evidence did not show Moo
nan had struck the blow. They contended
he had acted only in seif-defense and that
Carlson had cut himself while scuhilng with
Noonan.
Judge sutton's instructions were rather
lengthy Five verdicts are possible under
them: First degree murder with the death
penalty; first degree murder with life i'm
prisonment; second degree murder. man
slaughter and acquttal.
Hughes starts Days Testimony
The first witness for the state at the
morning session was William Hughes who
was brought back from Sheridan county to
testify He made one OF the strongest wit
nesses for the state and corroborated in
all the main details the testimony of Frank
Thompson, the other eye witness who tes-
tilted for the state.
Hughes absence from the county was
not referred to except incidentally. He
said he was on a ranch about fifteen miles
from Lakeside.
AT the time Carlson was killed." he said
on the stand, Il was about fifty feet away
from him in my buggy / saw Carlson step
down from the sidewalk and start to cross
the street. He had gone about twenty
feet when Noonan took few quick steps
toward him and struck him twice, once on
the back of his neck between the shoulders
and the second time on the left side of the
face. He seemed to have something small
IN his hand; could not see just what it
was. Noonan then went back to the sa-
loon. Carlson turned around and walked
back to the sidewalk with his hand up to
the left side of his face"
Did Carlson make any effort to strike
Noonan?' he was asked.
He did not"
He said Carlson had his back turned to-
ward Noonan until after the second blow
hud been struck, when he turned around
hughes was the last witness for the state.
NoOnan COntrRdicts Them.
The defendant, Frank Noonan, went on
the stand and his testimony differed radi-
cally in all the material points from thai
Of the two eye witnesses presented by the
state. He said Carlson had a skinnine
knife in his hand and made a move as II
to cut him. He grabbed Carlsons arm and
forced 1t back over his head. The frs
time Carlson cut himself on the back Of
the neck and the second time on the side
Of the head He then went into the sa
loon and called up the police and asked
them TO hold the warrant for his arrest FOL
little while until he could find bonds
men. He denied he had any intention Of
hurting Carlson and said he did not have
Il knife He also denied having any IL
feeling toward Carlson.
Several South Omaha people testified t
Noonans good reputation. Hugh Kennel!
ana George Hoffman testified to hearing
Carlson say Noonan had been circulating
reports he was a ''scab" and that he woult
get even with him for it.
William Hughes has been subpoeaned L
appear as witness In the case of tn
State against Al Keenan,, which is 4
10 heard April 30.