Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-10-23
WILSON GETS NEW TRIAL
Man Convicted of Murder Given
Another Chance by Court.
JUDGES INSTRUCTIONS SCORED
Mark N. COnd Ordered to Ray
20 Nnterfn AIlenpach-Cun-
ninRhRm cleared.
JUDGES INSTRUCTIONS SCORED
! IIrom a 500 Correspondentl

have been killed was Jacob Davis ir.. and |
tho crime was alleged to have been com
mitted in Ainsworth. Davis was brutally
murdered near his own door on the night
Of December a. 1903. There was indca-
lions that ne had been robbed. lie was
struck on tho head and the skull frac-
tured and shot through the head. Davis
was never restored to consciousness and
died within a few hours after receiving
his injuries.
The question Of wilson's connection with
the crime was based on circumstantial evil
denee alone. The prosecution offered testi-
mony to prove that the accused had de-
serted from the United States army
short time before the murder. The SUI
preme court holds that st was error to
allow this proof by the state.
The prosecution presented evidence to
show that the accused was a married man,
that his wife resided IN South Dakota and
after coming to this state he had agreed
10 marry another woman. The prosecution
caused the wife OF the accused to come
from South Dakota to take her place
within the bar during the trial and pro-
cured witness to point her out to the
jury. This is held improper practice. The
attorney for the prosecution, In his speech
10 the jury said: III this jury find this
uttthu6ItA guilty. anu uu nut uAllAA ia -
verdict recommending the death penalty,
no member of this jury need come to me
and apologize, or to apologize to any mem
Der Of the audience" This IS held by the
supreme court such a gross violation of
the rules OF argument as TO require the
strongest censure.
COad Must Pay the AIimony.
Mark Coad must pay to Valeris Allen
pach $4,000, the Judgment she secured
against him in her suit for divorce and
alimony. The supreme court overruled the
motion to recall the mandate and reduce
the amount OF the alimony. This latest
order. II is said. will settle the case and
the money Will have to be paid over to the
plaintiff. The woman claimed TO be the
common law wife Of Mark Coad and al
legged the two lived together by agreement
As such she brought suit for divorce and
alimony
Cruiser Gets Freedom.
George Critser. who was arrested on a
charge of murder with one Heddendorf
has been ordered discharged by the SUI
prone court. The defendants obtained sep
arate trials and Heddendorf was sentenced
to the penitenuary for life. This decision
was reversed by the supreme court, Critser
was held In siail until after two terms of
the district court had been held HE lib
erty was demanded by hisattorneys and
the motion was overruled by the district
court Of Harlan county The county at
torney then dismissed the complaint The
attorneys for Cruiser appealed to the court
either to discharge the defendant or TO
give him a trial This motion was over
ruled and the supreme court today reversed
the district court and ordered the defend
ant discharged.
POp Candidate In Twenty-Ninth.
George Sayer. democratic nominee in
the Twenty-nlnth senatorial district, viii
not get his name on the pOpulist ticket.
The mandamus proceedings started by his
attorneys against Secretary OF State Jlnkin
In the supreme court to force him "a
place the name nthe ballot was continued
indefinitely today. Junkn held there was
no vacancy on the popunst ticket because
the party had failed TO nominate a can.
dldate, therefore the committe had no au
thOrity to nominate Sayer
Cunningham Escapes Payment.
Jasper b. Cunningham, former county
treasurer OF Hamilton county, docs mo-
have to pay interest on county money FOL
which suit was brought by the county
The supreme court held today as follows
"A county treasurer is not liable on hli
bond for interest which he has not col
lected and has been unable to collect upor
the public funds I'm his care unless II ap
pears that some act or neglect OF his ha
prevented or hindered the collection o
such interest"
Only two banks In Hamilton county quail
fled county repositories and both o
these banks had In them ali the count,
money they could legally handle. Tn,
vault in the court house was unsafe 10
the keeping Of money, 50 the treasurer
with the consent and upon the advice o
the county commissioners, deposited IN,
money in these banks. taking time oertifl
Gates In his own name which he at one
signed over to himself as county treasurer
These certificates were carried as cash
He settled with the county commissioner
and had gone out OF office before the SUI
for Interest ON the deposits was started
The lower court decided for him and thi
decision has been affirmed.
Manuel on DahImau.
&. =. Manuel, chairman OF the uopuIlu
state committee, gives out the fonowin
Interview concerning the present cam
paign in Nebraska;
Shall the people rulee
You viii AT once recognise this as ia
democratic slogan OF two years ego. The
lle democfats were much In favor Of tn
people, but now how different They ar
AFRAID 10 give the people an opportunit
TO say what they desire along Temperance
lines for lear that personal liberty ma
be abridged.
What Is personal liberty2 To hear Mayo
hahlman YOU would get the idea that
means the privilege TO drink as much q
any old kind OF stomach wash wheneve
or wherever you choose and at any tim
you choose without any restraint q
nindrance. Why doea he limit his per
sonal liberty thus? Why not extend II 1
tue fullest extent Most laws are founde
ON the ten commandments and thou shal
nor can be seen IN almost every lire.
is paninan afraid go trust the people
81 " hc ~ favor Of the minority ruling
ite Us running hitber and thither over IN
itno giving vent 20 his views OF persons
liberty and home rule. What does hl
peculiar brand OF personal liberty care 10
the homer Does he not know that
wrecks more homes than Al, other cause
.rumhiuedt No, Mr. Dahlmhn Is not {
favor or the home or the people rulini
ftis most ardent supporters are men who's
minds are constantly hefoEged By drin
and who are slaves 20 their appetites
In this fight We have the hest element
or society arrayed against the worst u
ono side is good citiEenship morality IA
home and the most sacred ties on an
other side YOU find the lawles- th
lcenuous, the social 1utcast and IN
pathway Of those - streWn .ritn M
r. ecks OF their evil influence
M Inch side are Aou on
There Is no middle ground Ia this Ngh
Does Dahlman represent democracy ~