Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-18

Nelson as being the more experienced
criminal. He closed with a plea for com
passion and mercy. asking IL In behalf
not only OF the defendant, but his widowed
mother and young wife.
Mr.. English declared OHearn had been
made the scapegoat by Nelson, whom he
designated as designing criminal. He dis
credited the testimony Of Bonnsy, who was
In the saloon at the time OF the shooting
and laid considerable stress on the testi-
mony of Joe Warren that Nelson had
tried TO induce him To turn states evil
dence. Nelson, he said had given the
80 calibre revolver to oHearn in order to
turn suspicion from himself and then had
gotten rid Of the 80 calibre revolver by
giving it to Warren. The next day he
said he went out TO o'Hearn's house to see
that the gun was disposed OF and found
II had been given 20 Mrs o'Hearn's
father
He also declared the cause OF the crime
was drink and pointed out that the law
takes the position a man might be so
drunk as to be unable TO form an attempt
to rob. At tho close he reiterated his plea
for clemency.
During the pleas of the defendants at
torneys handkerchiefs were frequently
used. The wife and mother OF the defend
ant sat near him and several times were
convulsed with sobs. Other women in the
crowd had their handkerchiefs TO their
eyes during the affecting parts OF the pleas
County Attorney siabauEh In his arCu-
ment declared more sympathy Is due the
family OF the murdered man than 20 the
friends.
You may shed tears for the guilty
man." he said, but give me the sympathy
for the thousands who will be murdered
before the end of the year because OF
maudlin sympathy for the criminal.
Nelson Commended fer Aid.
He commended Nelson for assisting in
the prosecution of the case, while O'Hearn
was standing pat and refusing 20 talk. He
appealed 10 the jury to do its part IN the
enforcement OF the law. so that Il might
be safe for law abiding citizens TO walk
the streets at night. He asked the jury
to return a verdict Of guilty with the death
penalty attached.
The county attorney closed at $40. and
Judge Sutton at once began the readins1
OF his instructions. He directed the Jury
that a verdict OF guilty must be returned
II they ind that either Nelson or o'Hearn
fired the shot while intending TO per-
petrate a robbery. II not satisfied as to
the intent TO rob a verdict OF not guilty
should be returned. He instructed that
Nelson's testimony must be carefully con-
sidered. especially n It were found that he
expected lenisncy for testifyiug. Neither
the testimony OF Nelson or O'F1earn could
be disresarded simply because OF their
connection with the case. Drunkenness.
while not an excuse for crime. may be
! considered as to whether or not the de-
'endant was in condition TO form an in
tent to rob
The reading Of the instructions occupied
fifteen minutes and they were listened to
with deep interest by the crowd.
Jury That Tried the Case.
These are the jurors that returned the
verdict
Louis Aibrecht i2Os South Fourth street.;
clerk in hide store.
]. o. Aylesworth, Forty-secOnd and Y
streets. South Omaha live stock.
NJ J. Sheehan. ISIS North Twenty-eighth
street, south Omaha; engineer stock Yards
/ COMPANY.
Harry Voss, $40 south Twenty-ninth
street; paper hanger.
James II. Ferris, Florence; poultry raiser.
e. Farrell, i9ls Burdette street, retail
". II. comstook. Forty-elshth and Pratt
A. C. Rapp. 24Oo 3 street, South Omaha I;
i foreman Armour q co.
Thedeus Hunger. $50 south Thirty-fourth
street, south Omaha, IabOref.
Gus Peterson, is0s California street;
Waterman city library.
! Otto Schultz, Sis W street. south Omaha /;