Omaha daily bee., 1906-06-06
GRAIN FIRMS TURNED DOWN
Supreme Court Refuses to Order Referee TO
Take More Testimony.
FINAL HEARING TO BE- HAD THIS TERM
August II. miller. who Gets Fifteen
Years for Shooting Three People,
Thinks He IL Entitled to
New Trial.


CFrom a Stan Correspondent)
LINCOLN June 5.-(Special)-The su-
preme court this afternoon overTuled the
motion of Attorney ]. w. Courtright. rep
resenting the -schneider-F Fowler Grain
company. to remand the grain case to
Referee Pemberton with instructions to
take more testimony. The court then set
tomorrow morning to listen to the argu-
ments of the attorney general on his ex-
ceptions to the report Of the referee and
gave the defendants until Thursday noon
to file briefs in support OF their objections
to the findings of the referee.
Attorney COPYRIGHT argued there was no
evidence to sustain the finding of the ref
cree and further that the referee had
taken as an evidence Of guilt the fact that
the defendants had not gone on the stand
to refute the testimony introduced by the
attorney general. After the attorneys had
consulted over the testimony Mr.. Court
right said they had come to the conclu-
sion the evidence introduced was f1imsy
it was not necessary for the defendants to
Introduce any evidence at all. He argued
! 1t was within the jurisdiction of the court
to order the taking of more testimony
and he believed justice could be secured
by all parties in 20 better way. The fact
| that the lawyers for the defendants looked
at the evidence in such a different light
| from the way in which the referee viewed
1t, he thought, should not stand in the
way Of the defendants getting justice.
Attorney General Brown argued against
reopening the case. The defendants. he
said. had ample opportunity to introduce
testimony, but had failed to do so, and the
report of the referee should stand as the
verdict of a jury and there was no occa-
| sion for the n the
Chief Justice Sedgwick, speaking for the
! court overruled the motion of the de-
/ PENDANTS and said even though the court
| had authority to order the taking of more
| testimony the facts produced by the de-
/ PENDANTS would not warrant such action.
Judge Sedgwick then announced that the
court desired to finish up the case at this
session. as there will be only one session
! previous to the summer adjournment, and
so the dime limit on filing objections by
the defendants was set for Thursday
noon. while the attorney general will make
his arguments tomorrow morning.
Miller Wants New Trial.
| August II. Miller. sentenced to fifteen
years in the penitentiary for shooting his
wife, father-in-law and mother-in-law, has
! appealed his case to the supreme court and
John A. Ehrhardt is down here today look
/ ing dILeE MS interests hlileT anu HIS Wlit
lived on a farm and, according to his story,
her relatives had for some time tried to
poison her mind against him, and finally
succeeded, she filing a petition for divorce.
After the wife had gone to the home of her
parents, Miller asserted he frequently went
to the house and took the family various
things, including bedclothing and three cows
and calves. On one of his visits, after the
divorce proceedings had been started, so
Miller asserts, his ( er-in-law, Fred
Hohneke, tried to shoot nim with a shot
gun. In the mixup which followed the
father-in-law was shot three times, the
wife once and the mother-in-law shot twice,
or at least the ends of two fingers. one on
each hand, were shot of The parties shot
assert Miller took three shots at the old
gentleman, then a shot at the mother-in-
law and lastly at his wife. Later he ran
out of the house and the father-in-law took
a shot at him with a shotgun, tearing on
a portion of the top of his head.
Divorce statistics Wanted.
Governor Mickey this morning received
letter from the director of the Depart
ment of Commerce and Labor at Washing
ton asking for information and statistics
regarding marriages and divorces in Ne
braska for each year since January 1. 1897
The director stated in his letter that the
government intended to collect such sta
tistics for the last twenty years and first
he wanted to know Nebraska's laws for
collecting such statistics. II had been the
experience of the department, the director
wrote, that few states enforced such a law,
II indeed they had such laws on their stat
utes. Some states, the director wrote, COM
PEELED the proper officers 10 make returns
to the secretary of state or the governor
each year telling who had married and
who had been divorced during that period
OF time Governor Mickey has none of the
statistics desired by the government and
II any one else has such records II is not
known around the state house.
Report Against DR.. Palmer.
The Board of Secretaries of the state
Board of Health has recommended to the
State Board of Health proper the revoca-
ton of the certificate of DR.. ID. S. Palmer
to practice medicine in Nebraska. DIR.
W. T. johnson dissented from the opinion
of the secretaries and will file a reason
with the State board. Dr. Palmer was
charged with having performed an Illegal
operation upon Hattie f. Seagren At
Holdrege, and several days were occupied
in taking testimony. In dissenting, DR..
| ! Johnson says the evidence is not suffi-