Omaha daily bee., 1909-01-24
MEAD SHUMWAY MUST HANG
MEAU ShUMWA1 MUSl HAM,
Supreme Court Refuses Adams Muir.
derer a New Trial.
FoUsE GETS A LIFE SENTENCE
ages Death Penalty for
Lmaha Negro Convicted of Kill
Ing Joseph BowIes-New
Trial for Callahan.
CFrom a staff Correspondent

From a staff Correspondent
LINCOLN, Neb.. Jan. S.-(special Tele-
grsm)-R. Mead Shumvay, who murdered
Mrs. Sarah Martin Of Adams September
Is. 1907. in a most brutal manner, was de-
MED a rehearing today by the supreme
court and unless the governor intervenes
he must hang February 10. Judge Ietton
rendered the opinion, in which the former
opinion Of Judge Barnes is sustained as
to proofs Of guilt and presence OF evidence
that the accused was deprived OF a fair
trial.
The court says: Though the evidence
was circumstantial insofar that no witness
saw the actual death blows struck, yet
the overwhelming mass Of discriminating
circumstances fully j~ustifies and s~ustains
the verdict"
Judges Barnes and Root coneurred, Judge
Rose not sitting. Judges Reese. Fawcett
and Dean dissent. II requires a majority
OF members Of the court to grant a re-
hearing and the members sitting were
evenly divided shumwsy, after murder
ing Mrs. Martin. escaped to Missouri and
was captured In the vicinity Of st. Joseph.
He has been defended by Fulton Jack and
r. w. Sabin Of Beatrice.
History of Crime.
Shumway was a farm hand in the en-
ploy of Jacob Martin, husband Of his
victim - or the date of the crime Martin
was absent from home attending the
primary and when he returned he dis
covered blood stains on the floor. These
he traced up the stairs and was Mortified
to find the dead body of his wife,
wrapped in bedclothes and pushed back
under a bed. Her throat had been cut
from ear to ear.
The alarm was at once given and 1t
was found that ~Shumway. the hired man,
was missing. He had taken the horse
and buggy, gun and 5000 in money and
started south. The man had been in
the employ of Mr.. Martin but four days
and stated that he was from Missouri.
He is now 81 years of age.
Posses started in pursuit and two days
later the fugitive was captured In
Seneca. Kan. AS he was alighting from
a train in the custody OF two officers,
however. he made his escape. A large
crowd was on the platform and as soon
as ne stepped off the car he darted
among the curious onlookers and man
aged to elude the men who had him In
charge and who were deferred from
shooting by fear of hitting some inno-
cent person. He was chased to a corn
field, but those in pursuit failed to lind
him.
The hunted man then walked to Su-
npriOI. MO, Wnefe ne JOOh n Tram lbi
Oregon. Mo. near which place he was
captured on september 20. He was work
ing Oh a farm and had taken no precau-
tions to hide his identity. He was well
known In that vicinity. where he had
formerly worked.
Shumway has steadfastly maintained
bis irruccnce. lie stated when taken
into custody that on the day of the muir
der he was working I'm the field and
upon returning to the house discovered
that the crime had been committed. He
feared that he would he suspected, so
cndcaN orcd 10 make his escape. He was
tried and convicted and sentenced TO
death l.iS appeal to the supreme court
was based upon alleged irregularity In
empanncIling the jury and was over
ruled. "a was the motion for rehearlng
on the latter the court was evenly di-
vided The opinion was written by
Justice Betton and concurred in by
Barnes and Root. Chief Justice Reese
and Faweett and Dean dissented. while
Rose, by reason of his former connection
with the. attorney generals office, was
disqualified from sitting on the case.
The original date for the execution was
January 30.
Pare Food Prosecution.
out of a large number OF cases certified
from the food commissioners office L
the county attorney of Douglas county
Assistant County Attorney w. j. Coac
has notified the deputy state food com
missioner that he has commenced prose
cution against p. Jacobson and M Swan
son, dairymen, furnishing milk to be solo
in Omaha. for selling unsanitary milk. Ais
against Myers Cash market for selling
misbranded "Pawnee City Rolled Oats
These packages OF rolled oats contain
coupons, which are contrary to the Ne
braska law. Mr.. Coad also reports tina
he has commenced prosecutions agains
the Climax restaurant and the omah'
Central Quick lunch restaurant for selling
low grade and unlawful milk and Ait
man & Give for selling misbranded Go
den Egg Noodles"
Life Sentence for FOuse.
The sentence OF death imposed on VIII
liam Fouse, colored, who was convicted o
numbering Joseph Bowles in Omaha De
sember II. 1903, was by tn,
court to life Imprisonment. The cour
holds the crime was committed in tina
mart of the city inhabited by degenerate