Omaha daily bee., 1906-04-12
DEATH PENALTY FOR CLARK
Jury Returns Verdict After Being Out a
Little Over Two Hours
CONDEMNED MAN SHOWS NO EMOTION
Tells Jail officials while on His WAY
Hack TO His Cell that lie
Had Anticipated such n
Verdict,

Harrison Clerk, one Of the three negroes
charged with the murder Of Street Car
Conductor Edward Flury while trying to
hold him up on the morning Of March 5,
was found guilty by the jury in district
court at Sl5 last night and condemned to
hang for the crime.
Clark received the verdict without any
show OF emotion of any kind and made no
comment as he was led back to the Jail
by Deputy Sheriffs Haze and Stryker lie
had anticipated the death penalty and 50
expressed himself to some OF the jail Off
cials.
The Jury was out little over two hours.
but this time was not taken UP in balluung.
There was no difference Of opinion, the
unanimous verdict from the first being for
the death penalty. The verdict was re-
ceived by Judge Sutton in court room No.
1 with only two or three spectators out
side those directly Interested Judge SUIT
ton thanked the jurors for the promptness
with which they discharged their duty and
expressed the appreciation OF their services.
The verdict was signed by w. c. Chissen,
foreman.
The case was given to the jury at 525
and the jurors retired to the jury room in
the basement in charge OF Baihff Kirkon-
dali. At o'clock no verdict had been
reached and the jurors were taken to the
Drcxel hotel for supper.
Arguments After Dinner.
The arguments of the attorneys were be-
gun at 2:30 o'clock Immediately after Mrs
Vain left the stand. Deputy County At
torney Murdock opened for the state and
demanded the death penalty not out Of
d, 'evenge for Flurys murder. but in order
! o protect society. He was followed by
.. r. Lcigh for the defendant. Mr., Leigh
said it was useless to deny that Clark was
| present when the shooting was done, but he
| maiptaincd Clark part in the affair was
not as prominent as the state contended It
was. He pointed out that VAIN and not
Clark started the shooting, and the testi-
mony Of Newvlle showed Gathright also
used his gun. He declared the examination
of the jurors showed a strong feeling in
| the community against capital punishment
and asked the jury not to nfict the eX-
treme penalty. He followed by his
associate, Hugh Myers, who also pleaded
against the death penalty.
| County Attorney Slabaugh closed for the
state. He lauded Edward Flury as 4 bravo
man. who gave up his life 10 protect his
| employers property. He pointed out that
| Clark had made arrangements for tn,
crimes the day before. He had asked Mrs
VAIN to make the hoods the men wore
and had made arrangements with Mrs
Jones 10 keep the plumber. for him and
carried ont the arrangements by Rtling
her the money he had secured at the "a.
looms. lie declared Clark was the ring,
leader and the man who had made the
plans for the crimes. He concluded al
$40 o'clock and Judge Sutton read his IN
structions after which the jury retired.
Clark showed increasing signs Of nervous
ness during the final arguments and the
reading OF the instructions. He igeteC
uneasy in his chair ana plainly showed
the high strain he was under. While tho
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