Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-02-21
GROVE JUROR BACK IN BOX
Louis Rasmussen, Despite Order to Leave
City, on Another Jury,
PASSED BY THE DEFENSE AND STATE
Lawyers for EnriEht. Charged with
HoIdup, Protest I'm vain Against
Trying Case while Public
IL Aroused.

Louis Rasmussen, one of the twelve men
who set Pat Grove free and one of the
four Grove jurors who received letters or
dering them to leave the city within a
certain time or take the consequences, Is
on another jury. He was passed by both
state and defense yesterday afternoon On
Judge Sutton's court in the case of Michael
Enright, charged with holding up a saloon
keeper in South Omaha. Charles NJ. Tracy
another Grove Juror, was passed by tina
defense. but expelled by the state
On the ground the public mind is in
famed on account of the verdict in the
Grove case, the attorneys for Michael En-
right the defendant in a criminal case
before the district court. sought to secure
a continuance of the hearing in his case
Tuesday morning.
Newspaper clippings giving expressions of
opinion. both editorisIly and I'm quotations
from others. were read in court for the
purpose of showing a prejudice against all
persons charged with crime exists in
Omaha and vicinity. After listening to
arguments Judge Sutton refused to grant
the continuance. In doing so he said II
was possible the jurors in the Grove case
might want TO square" themselves in
the public mind by bringing in a verdict OF
]
would extend to other members OF the
panel. He gave the defense the right to
challenge for cause any of the jurors who
/ sat on the Grove case. should they be
! called. and promised they would be ex-
/ cused IL the defense so desired. for no
/ other reason than the fact they served on
the Grove jury.
Much Crime of Late.
The affidavit, which was signed by En-
right set forth the fact there has been an
unusual amount Of crime in Omaha and
/ South Omaha recently and public opinion
| has been worked up on account of it. The
verdict in the Grove case, IT continues, so
| infamed public opinion that jurors would
hardly dare bring in verdcts of not guilty.
1t calls attention to the action by the
womans club and also to the fact that
certain Jurors have received threatening
| letters.
In his remarks on the affidavit Mr.
F1eharty. attorney for Enright declared no
| man had a right to criticise jury for its
action Even though they might have been
| actuated by the highest motives, he said,
the Grove jurors could not help but blush
for shame when they read what is said Of
them in the public prints Mr.. Murdoch,
| in reply, said no one was exempt from
! criticism, not even n Juror. IL he does
things which the general public condemns.
| Because the Grove verdict met with con-
demnation was no reason, he held. why
the courts should disband and go out OF
business He said he was willing TO ex-
cuse Grove Jurors and had made PROPOSE
ton to that effect to the defendants at
torney Monday. County Attorney Sla-
baugh also discussed the motion along the
same lines.
Holding Up of saloon.
Enright is charged with holding up a
saloon belonging to Adam Burkis in South
Omaha on November "a and securing 81
in cash. John Berry is a co-defendsni
with him. but on motion OF the state the
trials will be had separately over the pro
tests of the defense 1t is charged Berry
and Enright went into Burlkis saloon and
locked him in the ice box at the point OF
a gun while they rifled the money drawer
In spite of the fears expressed by tn
attorneys for the defense they did no
object 10 the two Grove jurors who wer'
! called to the jury box. The two juror
, were Louis Rasmussen and Charles NJ
Tracy. The defence passed both of then
for cause, but the state used it's last per
emptory challenge to strike Tracy's nam
from the list. The defense waived it
last two challenges. Rasmussen was lef
, on the jury. He is one of the member
/, who received the threatening letters whici
: formed one of the grounds for the motio'
: for a continuance asked for by the de
Tense
] The jury was secured about o'clock an
5 after a short recess Adam Burkis, tn
proprietor OF the saloon, was placed Of
the stand as the first witness He is
Il ~ l,nI