Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-13
O'HEARN CASE COMES UP
First Step in Trial Draws BIG Crowd to
District Court Room.
PREJUDICE ON HANGING GETS JURY SLOWLY
Widow and Children of Murdered Sa.
loon Keeper Present-YOunE De-
PENDANT Displays Nervous
ness in His DemeanOr.

District court room No. / assumed the
appearance 1t had during the Pat Grove
trial Monday morning, when the tedious
grind of selecting a jury to try Jay
O'Hearn, charged with the murder of
Saloon Keeper Nels Lausten, began. AL
though the proceedings were uninteresting
and entirely of a routine nature, standing
room was at premium. All the seats in
the room were filled early and forty or
fifty men stood in the aisles and near the
doorways.
1t is believed it will take all day Tues
day to secure a jury 1t required a little
over day and half to select the twelve
men in the Grove case, when the defense
had but eight challenges and the state
three. In this case the defense will have
sixteen challenges and the state six.
Considerable dificulty is encountered in
getting the jury on account of prejudice
against capital punishment. An average of
one juror in three or four is being ex-
cused on account of conscientious scrupes
against hanging. County Attorney Sla-
baugh is insisting on securing twelve men
who have no scruples against the death
penalty. Among those examined Monday
was w. Ernest johnson, a candidate for
city comptroller before the republican pri-
maries. + tt'
.,' Not Many Determined.
Very few of the Jurors have formed judg
ments as to the guilt or innocence of the
defendant, and the attorneys had little diff
iculty on this point. Otto Hackenholz one
Of the panel. explained that his father had
been assaulted once in manner similar
to the assault on Mr. Lausten, but, as he
said this would make no difference in his
verdict, he was not challenged for cause.
Jay OHearn, the youthful defendant,
took a deep interest in all of tine proceed
ings and was in frequent consultation with
Attorneys English and Fleharty, who are
defending him. He appeared somewhat
pale and showed signs of nervousness.
Among the interested spectators were Mrs.
Nels Lausten, widow of the murdered
man. and her children, who occupied seats
inside the railing. Twenty-Five or thirty
women were present some of them being
relatives of the defendant.
Thirty-Three Men Examined.
When court adjourned at o'clock thirty
three jurors had been examined, fifteen Of
whom had been excused for cause, a ma
| jority of them because they were opposed
to capital punishment and few because
of opinions as to the guilt or innocence Of
the defendant. Six of the twenty-five
peremptory challenges had been exercised,
.
leaving sixteen to be used today.
In admonishing the jurors not to talk
about the case, Judge Sutton told them
to refuse to converse with anyone in regard
to ID and If any person insisted on talking
TO them to report it TO the court.
The attorneys for the defense decline TO
give any intimation as to what line they
will follow 1t is said one of the de-
lenses will be that Raymond Nelson and
not O'Hearn fred the fatal shot. Since
| their arrest Nelson and the other three
have not been on the best of terms and this
has led TO a fear on the part Of Nelson's
| friends that an attempt might be made
70 throw the blame on Nelson as far as
possible. Tho statements previously made
were to the effect that Nelson and o'Hearn
were inside the saloon when the shooting
| took place.
! O'Hearn's wife and mother occupied seats
near him at the trial and when he was
led away he kissed them both affection
| ately.
Unusual precautions are being taken to
| keep boys out of the court room and a
probation oficer is stationed at the en-
trance constantly to turn them back.