Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-16

the Lausten saloon shortly before the
holdup. went on the stand again and cor
rected his statements. He said he had since
seen the men in their overcoats and stand
ing IN the same positions they were in in
the saloon and was now convinced Nelson
was not in the crowd at all and that Il
was OHearn who had the light overcoat
on. He also identified Angus as the man
who had four fingers OF one hand. The
defense tried to discredit his story, but
he justified the change in his testimony
by the fact nc had since testifying seen
the men as they were dressed when he saw
them in the saloon.
Michael Reagan, who works in the gro
Gerry department at Hayden's, was with
Born in the saloon and he testified as to
the relative positions Of the men as they
stood at the bar and their appearance.
Nelson's Statements Alike.
AS preliminary to the Introduction of the
statements made in writing at the police
station by Warren. Angus and Nelson,
Arthur Shields, clerk for Chief Donahue.
who took the statements in shorthand,
was placed on the stand and Identified
them. Nelson's statement is practically
the same as his story on the witness stand.
In his confession Angus admitted O'Hearn
had said that he, OHearn. had smoked"
Lausten.
The only words used by oHesrn which
have been placed in evidence were testi-
fed to by Captain Mostyn, who took him
and Angus to South Omaha and brought
them back to Omaha. While they were
in charge Of Mostyn and office- Cook they
we're handcufted together in a hack and
witness heard O'Hearn say to Angus,
h.. 49, -
o'Hearn repeat the words. officer Cook
was placed on the stand later and said he
had heard oHearn say, stand pat, keep
your mouth shut" and at another time
had heard oHearn say to Angus, STAND
pat"
officer Cook also described the. scene at
Iaustens saloon Monday morning when
the prisoners were taken there and Nelson
recounted the story Of the shooting, show
ing where each of the parties in the saloon
stood
what were the other prisoners doing
when he was telling the story?" Mr. sla-
baugh asked.
They took tobacco out of their pockets
and rolled cigarettes"
When o'Hearn was asked II he had any
statement to make he replied: II have
nothing to say"
boy Arrested at Trial.
Probation officer Mogy Bernstein ar
rested 16-year-old boy yesterday after
noon during the O'Hearn trial for return
ing to the court room after repeatedly be-
ing warned to stay away during the trial
The boy was locked up and was taken be-
fore Judge Sutton ct the close of the ses-
sion 1t was decided to hear his case Sat
urday.
Owing to the crowd, it has been diflcult
for the officers to keep boys out Of the
room, in accordance with the judges or
ders. Someone from the probation officers
office has been kept in the court room
continuously during the hearing and as a
result large numbers Of boys have been
turned away. Bernstein expressed regret
yesterday that the 200 or more morbid
minded women who flock to the court room
every day did not come under his jurisdic-
ton.
One Of these women went to the court
room yesterday afternoon with her two
daughters, one 10 and the other Il years
old. Bernstein requested her 70 take the
girls out of the ROOM but she did not want
to leave just then. so she sent them out
of the room wiNh the probation officer and
turned her attention again to the salacious
stories of crime being told on the witness
stand.
The women who attend the trials sppeay
to take the deepest Interest in the young
defendant and many, of them hardly take
their eyes of his face except when the tes-
timony becomes especially interesting. they
note every movement he makes and make
comments among themselves when he and
his wife converse with each other. The
curiosity of the men is no less marked and
crowd of them follows the deputy sheriffs
when they lead the prisoner back to the
jail. rf..
On the way to and from the jail o'tIearn
is handcufred TO Deputy Sheriff Haze. The
two are preceded by two or three officers
and the same number bring up the rear
to keep the crowd back. 1888.
Yesterday afternoon eight high school
girls went to the court house to attend
the trial, but owing to the early adjourn
ment the court room was empty. They
expressed great disappointment at being
deprived of the opportunity OF witnessing
the trial. None OF them appeared to be
over Is years old and all were carrying
books and tablets as II on their way home
from school.