Omaha daily bee., 1907-01-05
WHY BUSES NECK IS SAVED
GOvernOr.of Opinion Record Shows BE Did
Not Have Fair Trial.
INDICATES BELIEF IN GUILT, HOWEVER
Formal Charges Filled with Court that
There Are Irregularities in the
Drawing of Juries in
Polk County.
(From a stan Correspondent


DES MONIES, Ia, Jan. 4.-(special Tele-
gram.)'-In relation to Louis Busse. Cover
nor Cummins tonight gave out the follow
ing communication committing to life i'm
prisonment the sentence Of death:
The only fact which seems to me
worthy OF serious consideration relating to
this application is the even division of the
Three members of the court held that the
jury had not been properly instructed and
that there should be a new trial. Three
were of the opinion that the trial was a
fair one and that the judgment ought to
stand. BY operation of law therefore the
judgment was affirmed. 1t is urged that
one whose prayer for a new trial was sus-
tanned by three OF the six judges who COM
pose the appellate tribunal ought not to suf-
Ter the extreme penalty of the law. Five
of the six judges have recommended the
Communication of the sentence to imprison-
ment for life, upon the ground that II
would be contrary to public policy to exc
cute man who, according TO the opinions
of one half the court, had not been law
fully convicted and should have been grant
ed another trial. The remaining judge
says the fact that the court was evenly
divided should be carefully and gravely
considered in determining the application
for communication. 1t becomes my duty to
decide whether the circumstances | have
just stated fairly require me to change the
sentence of death into a sentence of inn
prisonment for life l want 1t to be dis
tinctly understood that l find no merit In
the application unless It be In the circum-
stances above recited. l have made my
self familiar with the testimony and ii
seems to me that a more cruel, brutal and
atrocious crime was never committed than
the one of which Louis Busse is guilty.
aiy decision must be approved or con-
demned upon the one proposition. fair
trial is one of the rights guaranteed to
every person accused of a crime, whether he
be high or low, rich or poor, and without
regard to the character of the crime
charged against him. In the case before
me l cannot doubt that the second trial
would have resulted in a conviction of muir
dc in he degree Int / cannot assert
that the penalty affixed would have been
death. In view therefore of the fact that
one half of the members of the supreme
court held that Louis Busse did not receive
a fair trial. coupled with the recommended
| tions that are now before me. have reach
ed the conclusion that 1t Is my duty to
commute the sentence of death into sem
| tence of imprisonment for life.
Charges of CrOOkedness.
In communication addressed to Judge
Hugh Brennan of the district court today
Mrs. F. w. Dodson, county recorder,
charges that the boxes containing the jury
| ballots for Polk county and prepared by
the county clerk and county auditor are
not kept sealed required by law and
that there are other irregularities in the
manner Of drawing the juries for Polk
county that demand an investigation by
the court. At a meeting of the Civic league
today noon a communication of very much
|
Polk County Bar association. in which four
distinct charges are made. In this COM
munication the statement is made: I'VE
| believe that the evidence available, when
taken together, will show systematic and
somewhat successful attempt to manipulate
the jury lists for the benefit of interested
parties"
ImpIicate EIdora Doctor.
Attorneys for DIR. Gadd and II. b. Dickin-
son claim to have afidavits that will con-
vict an Eldora physician of being respon-
! sible for the death of Miss Irene Blyden-
burg. who died in this city from criminal
/ operation. The trial of DIR. Gadd on the
| charge will be heard in the district court
| here the first of next week according to
| present intentions.
Detective Headquarters Robbed.
Burglars some time last night gained
entrance to the detectives headquarters in
the city police station and stole a number
of articles, including two valuable revolvers
belonging to Chief of Detectives George
McNutt. The detectives room is directly
over the desk sergeant's office, is just
across the hall from the police matron S
Office and but a short distance from the
chief OF police oflce. There is no clue to the
identity OF the burglars.
VIII Make Ii EmbexzIement.
Judge s. F. Prouty of this city is draw
ing a bill which will provide that the use
Of corporation funds for political campaign
purposes is emhezzlement. The bill is
being drawn at the request of members OF
the legislature. 1t could not be learned
today who would introduce the measure