Omaha daily bee., 1909-03-06
Spends Easy Wight.

sleeping we'll. This morning ne moved
TO signs n losing his nerve. mis- temperature
and pulse being normal
He received another letter from Miss
stella Ba-EerIy. his Missouri sweezlearr,
IN which she said she expected 70 meet
him in heaven. Mrs. Nelson. a religious
enthusiast II Lincoln. also wrote him.
Jacob Martin. husband Of the murdered
woman. Clarence and Lawrence Groves Of
Firth and Elmer E Groves OF Adams. her
nephews. and Il. 4. Groves. her brother.
arrived this morning 20 witness ne axe
cuu0n.
AZ sd O'Clock Warden Beemer began TO
dress SUBWAY in mis- black clothes for me
scaffold.
Judge Hamer. after being turned down
here. Indicated ne would apply either 10
judge Raper or Judge PembeIron OF the
Gage county district for a stay and his
was considered Shumway's only hOps OF
escane.
Appeals 20 the supreme court and 10
Governor shaIlenberper 20 save the neck
OF humwa proved unavailing this morn
ing. Judge Hamer. Shumway's attorney.
was twice turned down in his efforts 10
SEIZURE a stay Of execution.
Under the stay granted by the supreme
court two weeks ago. the warden was i'll
.aAH
rerted 10 hang some time be-
tween the hours OF Il and 3 D. m. today.
Judge Harner appeared before the SUI
ureme court this morning n an appeal from
the decision OF Judge W. e Stewart OF
Lancaster. county. who refused 70 grant a
stay for the purpose Of examining shum-
WAYS sanity. After hearing his arguments
the supreme court ny a unanimous opinion
- III 49,. s,.4o.u sitting rmFrruad IN inter
fers with the execution and the appeal
was dismissed. Judge Dean and Judge
Rose did not sit. the former because he
vas absent from the city because of the
death Of his brother-in-law, and the latter
because ne had been connected with the
prosecution II the case
After the supreme court had turned his
aup4aI down. Judge Hamer went 20 Gov
ernnr shaIlenbsrger. but the lattzr said the
case had already been passed on by the
court and he did not feel ike interfering.
shumways Crime brutal One.
Subway was a farm hand n the employ
OF Jacob Martin. husband Of MS victim.
On me date OF the crime. September Z
1877. Martin was absent from his home.
near Adams. Ssb.. attending the primaries
and when he returned ne discovered blood
stains on the floor of his house These
he traced up the stairs and was Mortified
70 find the dead body Of his wife wrapped
in bed clothes and pushed back under a
bel The womans throat had bsen cut
from ear TO ear. The alarm was AT once
given and il was found Jhat Shumway. the
hired man. was missing. he had taken the
horse and buggy, gun and ao In money
and started south. The man had been in
the employ OF Mr.. Martin but four days
and stated that be was from Missouri. Es
ls now d years OF age
Posses started in pursuit and two days
later. the fugitive was captures IN Seneca
Kan. As ne was aIignting from a train IN
the custody OF TWO officers. he made MS
escape. A large crowd was on the platform
and as soon as he stepped off the car, ne
darted among the curious onlookers ana
managed 70 eiuds the men who had him in
charge and who wsrs deferred from shoot
ing BY fear OF hitting some innocent per
son. he was cnAsed 20 a earn field by those
In pursuit but they failed to find him.
The hunted man then walked TO Superior.
No. where he took a train for Oregon.
No, near which placs he was captured
on September 4. he was working on a
farm ana had taken no precautions 70
hide mis- Identity. he vas we'll known in
that vicinity where ne mad formerly
worked. SUBWAY sfeadfastlT maintained
his tnnscence. He stated when taken into
custory that on the day Of the munder. ne
was working IN the field and upon return
inE TO the house discovered tho crime
had been committed. he feared ne would b
suspected 50 endeavorsd TO make MS
escape. He vas tired and convicted and
sentenced 70 death. His appeal 70 Lhs
supreme court was based upon alleged
~FreguIarty N tmpznneling a Jury and
vas OveTrIled as was the motion foI
reheaTlnE. On the latter me court wal
evenly divided The opinion was SrittsE
by Justice Lsnton and concurred in by
Judges Barnes and Root. Chief JusIic,
Reese ana Judges Fawcstr and Dean lis
scented while Rose by reason nf his tormer
connection with ne attorney general
ofics, vas disqualified from sitting in n,
case
Judge Francis Hamsr last THURSDAY ap
piled for a second ne-heEring which va.
not granted % uns supreme couu ana n
ar once asked Governor ShaIlenbsrEsr q
grant a repusvs uf 10 days. the matte
beng taken up by ths governor thl
morning.