Omaha daily bee., 1906-04-16
JOE WARREN CONES CLEAR
Eldest Of 0'Hearn Gang Acquitted Of
Murder Of Nels Lausten.
DETAINED on THE CHARGE or ROBBERY
Jury Deliberates sixteen Hours and
IL Supported by County Attorney
In view Of Conflict Ia
Evidence.

After celebrating sixteen hours the jury
yesterday morning declared Joe Warren
not guilty OF the murder Of Nels Lausten.
The agreement was reached shortly after
10 O'Clock Sunday morning, but it was II
o'clock before the verdict was read, owing
to the delay in securing the presence Of
Judge Sutton and the clerk OF the court.
Only two OF three spectators were present
besides the court officials and reporters,
one OF them being WaTen's brother, who
had been with him constantly throughout
the trial. Warren Immediately was re-
manded by the court to the custody OF the
sheriff because Of other charges pending
against him and did not, as he had hoped,
spend Easter Sunday with his mother in
South Omaha
Warren was taken into the court room
some time before the arrival of Judge SUIT
ton. He was somewhat nervous. but did
not appear to be under as much Of a straiu
as he was during the closing hours OF the
trial. He leaned forward in his chair when
Deputy District Clerk Gallagher began to
read the verdict. aud when the words, mot
guilty" were read dropped back into his
chair with a sigh OF relief. Judge Sutton
thanked the jury and remanded the de-
PENDANT TO the custody of the sheriff. He
fore he had a chance to thank the jury.
He expressed regret as he was being taken
out Of the court room that he would be
unable to go home at once, but was greatly
elated over his acquttal Of the crime.
Penalty Not Discussed.
The verdict was signed by c. d. Hutchin-
son, foreman. Before arriving at the agree
ment the jury took seventeen ballots. The
viction or acquittal, the subject of penalty
not being discussed. Members of the jury
declared they based their verdict on the
fact the evidence was conflicting. and
enough of Warren's testimony that he did
not know a robbery was 10 be committed
was corroborated. by other evidence to
create a doubt as to his guilt.
while we sympathize with his mother"
said one Of the Jurors. that did not in
iuence our verdict We looked at the evil
dence from all sides and decided there was
strong reasons for doubt and we brought
In our verdict accordingly"
None of the attorneys was present when
the verdict was read. County Attorney S,a-
baugh, when he heard the result did not
have much to say for publication.
There was a conflict in the evidence, 80
he said, 'and the fact that Warren did not
have a gun was In his favor. I still believe
he had guilty knowledge when he went out
with the other boys. but it was hard TO
show it by evidence"
Robbery Charge Pending.
The charge on which Warren is still held
at the county jail is robbery. Two COM
plants were filed against all of them, one
murder and the other the robbery of the
saloon. When asked IL he would push the
robbery charge Mr. Sabaugh said he could
not tell until he had given the matter
further consideration.
Warren's connection with the murder Of
Lausten on January % was a matter Of
doubt the evidence being conflicting. Ray
mond Nelson. one of the defendants, testi-
fed Warren knew Of the plan to rob the
saloon and went with the rest of the gang
for the purpose of assisting. Warren and
Jay OHearn, one Of the other defendants
declared nothing had been said about rob
bling the place in the presence Of Warren.
The other three had held up several places
the night before, but Warren did not par
ticipate in these. He asserted he had met
the crowd by chance just before they went
out to the Lausten saloon, and he stayed
with them, thinking they were going out on
lark. As soon as it was proposed to rob
the saloon he says he ran away without
taking his post at the rear door where he
was stationed by Nelson