Omaha daily bee., 1906-04-14

said, I'VE will stick up the place." and
he was sent to the rear door. He says he
did not stop, but got cold feet and ran.
The money and gun taken from him he said
were the same as were given him by Mel
son at the Dewey hotel In his statement
Angus said he thought Warren went into
the saloon with O'Hearn and Nelson. but
he was not sure.
Warren in Bad Company.
That the defense in the case against Joe
Warren, charged with being an accomplish
OF Jay O'Hearn in the murder of Nels
Lausten, will endeavor to secure verdict
OF mot guilty" was indicated in the open
ing statement Of H. b. Fleharty one of
Warren's attorneys, to the jury Friday
morning.
Mr.. Fleharty declared the plans for the
holdups were made by Raymond Nelson
and Leo Angus while they were prisoners
at the county Jail. After they got out
they committed several holdups in accord
ance with their plans and on January 90
arranged to meet Jay OHearn at Twenty
fourth and + streets in South Omaha for
another raid on whatever looked good"
Warren, he declared. was not in on these
plans, but had met OHearn at the theater
Saturday afternoon and had gone with
| him to South Omaha. They planned to
meet in the evening and when they came
together at Twenty-fourth and + streets
Mr.. Fleharty declared Warren had no idea
that they were going out to commit crimes
He said Warren had no knowledge
of what the other boys were intending
to do until the party reached Cunning
street. When the plan to hold up the
Lausten saloon was preached TO him he
protested. declared Mr.. Fleharty and said.
Not any of it for me- When he was
stationed at the door and Angus and Mel
son had gone into the saloon he ran away.
The defense and state both agree that
Warren had no gun at the time of the
hold up. These facts, which Mr. Fleharty
said the defense expected to prove will be
the basis upon which they will ask for a
verdict OF mot guilty"
Wife and widow Present.
The opening Of the case was before a
small crowd, marked contrast to the open
! ing Of the O'Hearn case. Mrs. Lausten and
two OF her daughters were present as was
! Mrs. Warren and two or three other
/ women. County Attorney slabaugh out
! lined the case in his opening statement
! and declared he would show Warren had
( knowledge Of the intent TO commit the
/ crimes and was one OF the conspirators.
i He was followed by Mr.. F1eharty.
! Raymond Nelson, one OF the quartet who
l held up the saloon, was the first witness
for the state. He told practically the same
story he related In the O'Hearn case. He
declared Warren was present when the
| four started out and at the drug store al
! Twenty fourth and A. which they held up.
! was stationed outside. When Nelson and
! O'Hearn came out Of the drug store, how
ever, he had disappeared and Nelson did
not see him until tho four met again in the
saloon at Fifteenth and Harvey. The wit
! ness said that Warren was in the crowd
when he, Nelson, proposed they hold up a
saloon at Nineteenth and Cunning streets
and went into the saloon with them. They
A decided not TO try this place. as It was too
crowded. Warren, he said, acqulesced
! when II was decided to hold up the Iausteu
place and was stationed at the rear door
Warren il COntradicted.
After we got into the saloon I saw War
rem look in at the rear door" declared the
witness This testimony Is in contradiction
OF Warren's written statement that he die
not stop at the door at all, but got cold
feet" and started 10 run away. When Mel
son and O'Hearn left the saloon after the
/ shooting Warren and Angus had both gone
Before the holdup Warren and O'Hearr
had exchanged hats and after the four met
at Washington hall after the murder they
changed back. At Sixteenth and Ieaven
worth streets Warren asked Nelson how
much money he got and Nelson answered
about SIS.
Warren and Nelson afterward went e
the Dewey hotel said Nelson. and ther'