Omaha daily bee., 1906-03-17
O'HEARN ACCUSES NELSON
Man on Trial for Lausten Murder Says His
Pal Did It.
WARREN TEsTlHES FOR THE DEFENSE
County Attorney wants to Put ON
Nelson Again In Rsbuttal-
Argument on Both sides
starts.

Jay OHesrn yesterday told the jury Ray
mond Nelson and not he, killed Nels Laus-
ten. Joe Warren, while not testifying that
Nelson killed Lausten, corroborated the
defenses line Of argument that o'Hearn
had a 3S and not a 32-caliber revolver such
as the one with which Lausten was killed
and also that Nelson had sought to induce
Warren and Leo Angus to agree to turn
states evidence against OHearn. The de-
fense rested its case and the state and
defense had an inning each at argument.
The state will introduce more testimony,
probably today.
Portions were of Warren's and Angus
statements made TO the police when they
were arrested, were admitted In evidence
Wednesday. In these statements both pris-
oners confirmed Nelson's version OF the
shooting. which all along has been laid at
the door OF O'Hearn.
Jay O'Hearn, pale and blear-eyed from
the exciting incidents OF Thursday night
and the consequent loss of sleep went on
the witness stand Friday morning and for
the first time. told his version of the shoot
ing of Saloonkeeper Nels Lausten. AS was
anticipated. his story duplicates Raymond
Nelson as the one who fired the fatal shot,
and he denied the truth of those parts Of
the statements Of Warren and Angus and
the testimony of Nelson pointing toward
him as the murderer.
Mrs. O'Henrn Testihes.
While OHearn showed traces of a sleep
less night his nerve was steady all through
the hour and forty minutes he was under
examination. He was followed on the
stand by his wife and then by H. b.
Fleharty, one of his attorneys. After Mr..
Fleharty had left the stand Mr.. English
announced the defense had but one witness
more and asked that an adjournment be
taken until after dinner. The witness is
Joe Warren. one of OHearn's co-defend-
ants
O'Hearn said he had lived nineteen years
in South Omaha and had made the ac-
auaintance of Raymond Nelson the day
before the murder. The day of the murder
he, Angus and Nelson came TO Omaha after
making the rounds Of saloons in South
Omaha. Afterward Nelson left them, say
ing he was going to Council Bluffs to gel
| a gun as he was afraid to get one in
Omaha, as he was so well known. Angus
went with him and O'Hearn went TO the
u s. restaurant, where he worked. After
dinner he and Angus went to the Krus
theater and later met Warren and the
three drank at several saloons until abou
o'clock when he went back home.
why He Had an Alias.
In response to a question, O'Hearn ex
planned why he had gone under the nam,
! Harry Gilmore, He said he. was in st
Joe two years ago and while there desired
| 70 join the walters union of which hi
brother was president. AS his brother wa
known as Gilmore he thought IT best TO
MIN to assume the same name His unioI
card is in the name of Gilmore.
In the evening all four met at Twenty
fourth and + street and took s6pera
drinks together.
Leo Angus had the 80 caliber gun tina
was bought in Council Bluffs. 1 took
from him because he was too drunk {
have it in his possession. When we lef
there l walked with Nelson and be aske
me to let him have the 81 gun as he sal
he preferred it to his own IS revolver
gave it to him and took his IS gun Late
l saw him have the gun in his hand a
we were walking along Vinton street H
was fixing the cartridges in the chambei
He asked Leo Angus for the shells they ha
bought at Council Bluffs to ft the CUR
Nelson had the gun in his hand and tol
him to be careful as some one was CON
ing up behind us. He then put IL in hi
/ pocket"
After the quartet had come to Omah
, they visited saloons near Fifteenth an
Harney. While In one of them OHear
said he went into a toilet room took o
his coat and later Warren came in too
the gun out of his pocket and examine
IL.
Denies Nelson's Statement.
70,
r street about II o'clock. The witness denle
the statement made by Nelson on the stan
: that he. oHearn, had said it would |
! better to shoot to save their own head
At Lausten's saloon he and Nelson wei
in leaving the other two 10 watch on Il
outside
al ordered a glass of beer and ask,
: Nelson what he wanted and he said
z would take the same. Laustep took tv
: glasses and started for the faucet when
@ told him he had better make II three
q a friend would be in a minute. Lausti
was standing at my left at this time.
he turned around we pulled our sur
: Iausten was just south of me- but we
70 the cash register directly opposite n
Nelson said. You step from behind I
bar and hold up your hands Iaust,
said 4 will DO nc such damn thing Tn,
I jumped TO the middle Of the room a
covered Bonney with my gun. Nels
e again ordered Lausten TO throw up !
a hands. Then the shot was fired"
n who fired tina. shot7"
20 Accuses His Pal.
Raymond Nelson. I fred no Shot"
IN when the shot was hred," the witns
A. continued, IT was near the middle OF :
Ie room. saw mans face appear at I
~ glass In the door. but he went away
d did not recognize him. Lausten back
away facing Nelson, who went behind I
d bar. keeping his gun on Lausten His 8
w was in his right hand and he took :
,g money with his left. Bonney started
e walk out and l ordered him back. Iaust
dropped his h9nds reeled a moment a
k then fell"
IL The witness said he and Nelson ran Z
ID OF the saloon and after a block or Z
,e Stacked up to a walk. Then ne said Nels
asked him TO trade guns because he 81
he was going TO stay In Omaha that niP
r and IL would look bad II he were caul
" with a s2-caiiber revolver on him. OHea
!. says he gave Nelson the IS and took the
himself He said Nelson asked him to d
pose OF II.
They went 10 Washington hall but