Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-03
ARTHUR TRIAL NAY BE DELAYED
Defendant Desires Attendance of Dis-
tant witnesses.

II Is now doubtful if the second trial OF
James Arthur. charged with being the ac-
complete Of John Bernstein in the attempt
to rob the TreNnor bank by blowing the
safe. will be commenced Monday as ar
ranged by Judge Thornell before he left
for his home in Sidney last week The
announcement that the state expected to
produce new witnesses TO show that Ar
thur and Bernstein had been arrested to-
gether in Colorado Springs in June. 1902
has caused Attorney kilpack, counsel for
Arthur to have subpoenaed at the ex-
pense of the county a number OF new wit
nesses. and it is doubtful if their attend
ance here can be secured by Monday. MI
Killpack stated yesterday that he would
move for continuance Of the trial until
next term and il this was opposed by
County Attorney Hess for a pos tpone-
ment until such time as he could get his
witnesses here. The latter. il is under
stood will be consented tn by Mr. Hess
but he will resist continuance until the
next term.
The witnesses to be subpoenaed on behalf
of Arthur are w. w. Joung and y. King
Of Stanton county. Nebraska, Mrs Agnes
Knapp of Omaha, +. Chase of Sioux City
and Mrs. Scott, residing near Omaha. It
is stated that the defense will endeavor
to prove that Arthur was not in Colorado
in June, 1902 and therefore could not have
been arrested in company with Bernstein.
The state has secured an order from
Judge Green to bring John Bernstein from
the Fort Madison penitentiary at the time
Of the trial This will afford the witnesses
from Colorado an opportunity to identify
Bernstein If they can as the compa Mon
of Arthur. when the two. as it is alleged
were arrested in Colorado Springs At the
former trial Bernstein was a witness for
Arthur and testified that he had never
met him until the morning after the at
tempted robbery of the Treynor bank.
No move, however. had been made by the
defense to produce Bernstein at the COM
ing new trial, County Attorney Hess
took the initiative and secured an order
from the court FOR his attendance here.
The state also served notice on Attorney
Killpac yesterday that he intended intro
ducing another new witness in the per-
son of J. V. Thornton Of 12s Ridge street.
this city. who is expected to testify that
he Arthur and Bernstein together i'm
Council Bluffs two or three days before
the Treynor bank was broken into.
The district court jury in the personal in
7 jury damage suit of Maggie Hansen against
Harry Searle jr.. the 9-year-old son Of Mr..
and Mrs II. A. Seare returned a sealed
verdict last evening. after being out TWEEN
! ty-four hours. The verdict was reported to
/ he in favor of the plaintiff. but the amount
Of damages awarded could not be ascer-
| tanned. The verdict will be opened by
Judge ThorneT when he reconvenes court
Nc nday morning. Miss Hansen. who was
! formerly employed as a domestic in the
family of Mr.. and Mrs. Searle, originally
| named the latter as defendants i'm the suit
but after the, evidence for the plaintiff had
| been submitted Judge Green took the case
away from the jury so far as Mr.. and Mrs
Searle were concerned. This leaves Miss
Hansen in the predicament. If the verdict
should prove To be in her favor. of holding
judgment against 9-year-old lad with
| out any visible assets The judgment will
1 be 10 all in;onts and purposes of no value
| unless young Searle should fall heir tC
| some estate.