Omaha daily bee., 1909-02-18
SUBWAY ASKS REHEARINC
'udge Hanrer Files His Application
with the Supreme Court.
OEPOsTTIONs IN LILLE CASE
Fofmer Neiebbor says She saw
stranes Man Near the Lille
Home on ths Nfsht Of the
Marder.
IRON a STAFF correspondent.l

hNNAh y 4Adii Wi tsNunuNnlsD
LINCOLN, Feb. H. = Especially - Judge
Frank Bamer this morning filed in supreme
court an application for a rehearIng in the
case OF r. Mead shumway. convicted of
the murder Of Mrs. Sarah Martin. and a
brief wherein he points out the alleged
error in the conduct of the case.
This brief IL concerned with the case Of
the p%eremptory challenges. Judge Hamer
avefa, In substance, that seven OF shum-
ways peremptory challenges we're used In
an Improper manner and that after the six
teen had been used that four or five men
were put on the jury who were biased and
unable 20 render fair judgment in the case.
p court held that the record showed
that the defendant had had a fair trial.
Judge Letton wrote the opinion. Three of
the members favored a rehearing. however.
and three Of them were opposed. Judge
Hamer has attempted to point out particu-
lars IN the record that will cause Judge
Letton 20 change his opinion and agree
with the three who favored a rehearing.
%shumway was baptized Tuesday by Rev.
/ F. Roach. Shumway requested that the
minister. who knew the relatives OF the
young man at Waverly, Ia. be sent TO him.
The Gage county convict protested his inno-
cence Of the crime for which ne has been
Imprisoned and condemned to die and be-
lieved that be would yet be saved from the
rope.
Deposition Of Omaha Woman
The suit Of Lena NJ. Lille against the
Modern woodmen on the insurance policy
for 5000 Aof her murdered husband. Harvey
Lille. has degenerated into a contest Of
dispositions. Although the suit is to be prac-
tically q trial OF the question whether Mrs.
Lille killed her husband, none Of the in
terestins features Of the murder trial have
yet been developed and the testimony so
far has dealt with unimportant details that
have been so often repeated in connection
with the case that they have lost all in
terest.
About the only interesting or amusing
feature % the case presented today is the
effort Of the Judge and the counsel for
the defense TO keep from the jury any
mention OF tile outcome of the prosecution
OF Mrs. Lille in Butler county. several
years 8 In spite OF the watchful eff
forts of1the attorneys and the Judge men
tion OF the trial N tn outcome are
constantly ihterjected into the case. One
OF the dispositions on behalf of the plaintiff
here contained a statement concerning the
outcome of the prosecution that offended
gains the rule commended for by the plain
tiff. After the statement had been read
TO the jury Attorney Burr was put in the
embarrassing position of having to object
TO testimony offered by himself and TO
move that the Objectionable testimony be
stricken out.
Probably the most important of the depo-
sitions is that Of Mrs. Lucetia Better OF
Omaha. She lived in David City, a neigh
Dor OF the Lllies, at the time he was killed.
Che tells in her deposition of seeing a
stisnse man running down the sidewalk
from the Lille home past her home on
the morning Of october a. 1902, and about
tho hour that MIR. Lille was shot. She
described the man in detail. He was a
man OF medium size, dark complexion,
wore . black SLOUGH hat and dark suit.
She SAID that he was running when she
first saw him and that he kept on running
as long as she could see him. She did not
think much about II until after she heard
OF the murder, for she had not heard the
shots fired, one Of which killed Mr.. Lille.
This corroborstes the testimony of Mrs.