Omaha daily bee., 1909-03-21
Matt Gering Says Bullet "sped on Its
Mission of Love-"
ADDRESSES JURORS BY NAME
Urges Verdict that Will Be Tribute
to Mothers Love-"
WARNING TO OTHER YOUNG MEN
County Attorney English BeRs Jury
to Enforce Law, UniBhuenced
by DriveIIinE Defense of
Brain storms.

Mrs. Alta Banner has been found not
guilty of the charge of numbering Fred
Banner her husbands brother. The Jury
in the district court returned its verdict
late last night after several hours de-
liberation.
The jury is celebrating the desting of
Mrs Alta Banner. Following a fervid ad-
dress by Attorney Matt Gering for the de-
fense and n less impassioned but cogent
appeal by County Attorney English Judge
Sears gave his instructions at p. m.
yesterday and the jury retired After elect
ing a foreman they were taken to supper
When court was resumed half an hour
earlier than is customary in the afternoon,
Attorney Henry Murphy spoke for q few
minutes more and then gave way to his
colleague. Gering arose TO deliver what
the county attorney declared was zone Of
the most remarkable specimens OF foren-
sic oratory ever delivered in a court room.
Certainly there has been none like 1t in
this court. here In the trial of criminal
case" Tho county attorney went on to
point out that according to his belief It
was an appeal to the sympathies and
passions Of the jury"
Friends Of the Banner family and par
ticularly of Mrs. Josephine Banner took
vigorous exception to his attack upon her
and lawyers in the audience shook their
heards as Gering addressed juryman after
juryman by name.
TITS rare, Mr.. Jensen" Ger1ng would
say. that a mather has shown such an
exhibition" Again, yet hers was a love
not exceptional II was no greater than
you'd mothers for you Mr.. Carol, nor
greater than your mothers for you, Mr..
Huntington" Ibid 1t ever occur TO you.
Mr.. Angel" and so on. No member of the
jury was overlooked in this mode of ad-
dress.
Tribute to Mothers Love.
"Show by your verdict cried Gering, in
closing. that this commonwealth may not
say you are In favor of debauchees running
girls" Just before his perorauon the at
torney pleaded for a verdict which will be
a tribute TO mother love"
In pronouncing the death of Fred Banner
''retribution." the lawyer got some dis
tance away from the defense Of insanity
and Attorney English asserted later that
Gering had devoted one hour and a half
TO ''the unwitten law" and fifteen minutes
to the ostensible defense of insanity
Fred Banner the dead man. came in for
a terrible scoring at Gering's hands. He
was characterized as this reptile who
robs this young girl of everything which
made her beautiful in the eyes of her
devoted mother, who worked in the
kitchen as a scullios that she might put
her daughter in the convent and learn
purity of heart
In a few minutes Mr.. Gering was speak
ing of the shooting itself and he talked
of the bullet speeding on its mission OF
love and affection"
Law of God and Man.
eve are not pleading the unwritten
law" he asserted; I'VE are not asking
you to excuse this woman upon this II
is the law of God and man which
prompted this woman to launch Fred
Banner on his way to hell, where Satan
in all his sulphuric majesty would re-
fuse this man admittance. This is the
most cruel. the most wicked story ever
told in a court room, this story of Mar
jorie KKing's treatment by Fred Banner
and we ask the jury for a verdict which
shall stand as a sentinel beacon, warming
young men against a similar course OF
conduct"
on Mrs. Banners devotion to hel
daughter Gering spent much time and
tncn. beginning a review of the evidence
attacked Mrs winegard and her daugh
Banner spent the night after the shoot
inE, and, according TO the evidence of botl
mother and daughter, except for beinl
slightly nervous, was quite normal and
talked intelligently of having killed Ban
ner.
Mans inhumanity to man makes count
less thousands mourn" quoted the attor
ney and then added "and woman's in
humanity to woman make countless more
"Luella Winegard and Marjorie Kin,
sank hymns In the choir out of the SAM
hymn book. and yet we this girl .om
upon the stand and try 20 divorce thi
child from her mother send the latter L
the penitentiary and Marjorie, perhaps, L
the sumptuous apartments OF a popula
courtGsan."
English OefendsAiss WineEard.
The county attorney in replying drov
hard at Gering for his attack upon Mis-
Winegard.
County Attorney English began his repl
with the satirical eulogy OF Gerings elo
quence referred TO and then struck at eth
unwritten law as defense in murde
trials.
The defense of insanity" he began, I
the Jury, ''is recognized as a hollow shadoy
behind which a defense tries 10 hide whe
It would plead the so-called 'unwritte
law II has been worked in other case,
IL has suficed TO save the miserable life G
Thaw. but this morning by its verde
in the Cooper case a Jerry stamped its dis
approval upon this plea II was argued /
behalf of Cooper that newspaper article
had attacked his honor a thing no deare
10 some men than a daughters virtue
her mother This is a plain and simpl
case OF murder deliberately planned, care
fully executed as the evidence IN this cas-
has shown. II you are going to hestat
TO enforce the law simply because II bring
grief 20 a mother or child you might q
We'll bid farewell to organized society. !
a,,.ry criminal case throughout the worl