Omaha daily bee., 1906-06-20
JOSEPH CROW IS on TRIAL
EI-POstmastsr, EK-LsgiSlGtOr and Foreman
OfwGrs Grand iJuty in Court
cHAReE IS LIVING TO lMPEOL IUsrcE
Accused of Giving transportation 10
coeIIesEges TO secure Freedom.
Of south Dakota Preacher,
Later Convicted of Crime.

of south Dakota Preacher,
Later Convicted of Crime.
Little time was expended in empaneling
the federal Petit jury. for the trial of
Joseph Grow, ex-legislator, eX-postmaster
and foreman OF the federal grand jury OF
November. 1906, in, the United States dis
triet- court Tuesday morning. The jury as
finally drawn consists of these persons:
Joseph Graham, farmer, Avocs; r. E. Cum
bingham, farmer, Weeping Water: Jacob
Bhlers, farmer, Gretna; Albert Watkins.
Insurance agent, Lincoln; o. L. Potter,
railway employe, Auburn; Arthur Temple,
clerk, North Loup. Joseph Taylor farmer,
Benedict; John Bealer, retired farmer,
Beatrice; AInandus Krause, sr., stone ma
son, West Point; Frank Neel, lumber mer-
chant. Indianoa; l. 8. Leavitt. retired
merchant, Omaha; L. F. Grimes, retired
farmer, Sterling. The remainder of the
panel of the petit jury was excused for the
term. ~ ~ 500 ,--'''
% Charge Against Grow.
The charge against Mr.. Grow is that he
endesvored with the offer and giving of
free railroad transportation to influence GER
tain members of the FEDERAL grand jury of
the November, 1905, term, Of which body he
was foreman, against bringing a true bill
against Rev George G. Ware, president Of
the L. B. l. Land and Cattle company
whose case was under investigation by the
grand jury in the matter OF alleged con-
spiracy with Frank w. Lambert and Harry
Welsh in securing fraudulent land filings
within the Z. B. l. ranch enclosures; that
after such Indictment had been found
| against Ware. Grow moved for a reconsid-
eration7 of the Indictment and after the in
dfctment had been returned Crow had
talked with Lambert and Welsh after these
two had entered plea OF guilty and ad-
vised Lambert to connect with Ware at
Deadwood. Lambert was to go to the Bur
lington office in 'Omaha6and get transporta-
| ton to Deadwood and it is charged Lam
bert did SECURE such transportation on the
advice Of Grow. Attorneys for the govern
ment charged that it was at Crows sug-
gestion- and advice that Harry Welsh with
drew his original plea OF guilty and entered
a plea Of mot guilty. However Welsh sub
sequently Withdrew ,this plea. OF not guilty
and re-entered the plea of guilty,
Lire of the Defense.
The presentation of the attorneys for the
defense was in effect that the mere fact
that Grow had been Instrumental in Sc
curing passes and transportation for the
members of the grand jury was in no wise
an offense. and, that his conversations with
Lambert and Welsh were. after the grand
jury had adjourned and that Grow was
justified in acting as advising attorney for
Lambert, if he, felt SO disposed. The de-
Tense would also show that it was another
member of the grand jury that took Lam
! bert, 10 Crows office and that Lambert had
been so bounded lhy detectives and secret
service agents that he'went to Crow as an
attorney for advice, Or his own yolition
The first witness summoned for the
prosecution was United States District
Clerk T1oyt, who merely testified as to the
members Of the grand jury OF 1906 and the
records pertaining TO the indictment of
Ware Lambert and Welsh.
william Barge, as'stant cashier OF the
bank at Bloomfield. was the next witness.
He testified that ne wss member Of the
grand jury of' NOVEMBER 1906. He stated
that Grow had Spoken to him about trans
/, portatson, and said, he;iknew Grow was in
a position to give out transportation. He
said Crow gave him a note to one OF the
Northwestern railway, officials and he did,
through this note, secure transportation to
and from his home and for william j. Cow,
another member Of the grand jury. This
pass he said, was given over the Chicago,
Minneapolis st. Paul & Omaha road.
Witness had talked to Crow about the
Indictment against Ware, both in the grand
jury room and on the street, and Mr. Crow
had said to him that the evidence was not
sufficient to find a true bill against Mr..
Ware.
At this point Frank Ransom, one OF
! the attorneys for Crow, objected, on the
ground that even the government had no
right to go into the secrets Of the grand
! Jury room in order to make case against
/ an official of that grand jury. The point
was one upon which the attorneys for
the defense wished 10 be heard ahd an
| adjournment was taken until 1:l5 D. m.
| for argument
this point is that the prosecution has the
| perfect right TO go into the secrets OF the;
I grand jury room to show that a crime
has be en- committed
Judge Munger overruled the objection
made by Ransom.
The concluding part OF the testimony OF
/ Mr. Barge was to the effect that the Ware
case was not finally disposed of until after
! the several jurymen had returned from
! their recess vacation to their homes, and
| for which free transportation had been fur
nished through Crows influence. The wit
ness was not furnished free transportation
at the final adjournment Of the grand jury,
but paid his own railroad fare to his
home.
Got Trip to Colorado.
Mr.. Cow OF Norfolk! connected with a
loan and trust company in that city, gave
substantially the same testimony as Mr.
Barge regarding the issuance of free trans
portaton, He added however, that after
the adjournment Of the grand jury Crow
asked him II he would like to take trip
to Colorado and Grow did secure him the
transportation for such trip, free of cost
TO the witness. Crow said in the grand
fury room Just prior to the final vote on
the Ware indictment, in regard to the old
soldiers that were testifying in the case,
| that he did not want TO see them get
| into trouble" II was the opinion of the
! witness that It was Robert Duncan, another
member Of the grand jury. who made the
| motion for a reconsideration OF the vote