Omaha daily bee., 1906-12-08
COAL TRUST CASE LENGTHENS
(contldued from FIrst paGe.l

the stand and the printing of Kemp's pic-
ture on the front page Of the paper. 4
Mr.. Conneu handed the court a copy OF
the paper for examination of the objee-
tionable matter and demanded a complaint
be filed and the reporter be, excluded from
the court room. He declared the publica-
ton OF such matter was interfering with
the work of the court.
j. F. Stout also made complaint against
the same repOrtert declaring during the
course Of Kemp's examination he heard
the reporter whisper to another one that
Kemp had been ''fxed." He thought Kemp
should be brought in and examined and the
truth discovered. He protested against the
inference contained in the remark.
Jury Does Not See Paper.
County Attorney slabaugh protested
against the action Of the attorneys for the
defense and declared II was done merely
for the purpose of prejudicing the rights
of the state He pointed out the Jury is
in confinement and no newspaper articles
relating to the case had been allowed TO
reach their eyes. This being the case, he
said, there was nothing to prejudice the
case Kemp, he contended, was the man
to complain, and IL the paper reflected on
the coal dealers they had remedy and
bHOulu mot Try 70 use u 10 dIISCt tnlS
case .,,.....'
Heated words passed between Attorney
Stout and County Attorney slabaugh when
\ the former rose to reply. He had said
only a few words when Judge Slabaugh
started to break in on him. Mr.. Stout
protested against being interrupted.
Your honor" he said, "he has been
doing that continually through this case.
II the court will turn me loose on him I
will take care OF myself but 1 don't want
to do anything without the permission OF
| the court I want to conduct myself in
an entirely proper manner in this case"
| Judge Sutton said the jury had not been
] allowed to see the newspaper articles in
question or any other relating to the case.
Il don't wish to say at present whether
this reflects on or interferes with the court
or not. II 1 should direct the county at
! torney to file complaint II might in
some way interfere with the progress Of
! the case. do not wish TO be understood
as saying / will do anything or win not
do anything. will take the matter under
| advisement until after the close Of the
case"
COnneII Makes Many Motions.
This was the only interesting incident al
the morning session. Mr.. Council, for tn,
| QeIenQdnlt Lndue uOAeu OF LloIe hOuOns
relating TO the dismissal OF the case anc
certain counts in the indictment, but theS
were all overruled. He also asked thC
| county attorney be directed to elect dpoE
! which counts he will stand. but the cour
yeTruled this motion also for the present
aging he would act at the close OF tn,
-dse. The arguments on these motions tool
unit IL O'Clock. In making one ruling Judg,
| sutton declared he would instruct the jury
| Il there was any understanding that al
The coal dealers agreed 60 follow one price
It made no difference how that price wa.
| reached or arrived at, It would be in VIC
| latIon OF the law.
After the jury was called In the hearinl
| Of testimony was again taken up. Tn,
/ witnesses called by the defense we're pu
| on In rebuttal of the testimony Of Fred AZ
/ Glute Thursday that members Of the Goa
] exchange refused 70 sell him coal becaus,
he was not a member. c. s. Johnson. II
s. RhOades formerly manager Of the Wal
nut Block Coal company; c. A Grimes
yard manager OF the G. w. Hull company
{ and M. Rosenblatt all went on the stans
ana swore they had never refused to sci
lir. Clute coal for amy reason