Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-27
Effort to Be Made by Counsel to Get
Client Bail.
WILL ASK FOR A NEW TRIAL
Defense Proposes to Raise Close
Technical Question.
APPEAL IN EVENT OF REFUSAL
Case Probably 20 supreme Court
English Closes with scathinE
ArraiEnment in Putting IL
Up to the Jury.

Alex shultz Is convicted by the jury
which heard his case
Found guilty Of manslaughter in con-
nection with the death Of the late William
Krug in an automobile accident June q,
shultz, the first professional automobile
driver in Omaha, was lodged In the
county Jail Saturday afternoon. Tnthertoo
he has been out on bail Motion for a
new trial will be made Monday by w. w.
Slabaugh and John c. Battin, Shultz
attorneys. II it is overruled, the case will
be appealed to the supreme court.
At 3:15 o'clock p. m, after three and
quarter hours deliberation, the jury
which tried shultz in the criminal division
Of the district court returned its verdict.
The attorneys his wife and his mother
were in the court room at the time. The
faces Of all those interested in the defense
evidenced their keen disappointment
The chief ground for the motion for a
new trial will be that the automobile
speed laws cannot apply in manslaughter
cases. Under the law manslaughter is the
unintentional killing Of another while
committing an unlawful act. The theory
of the state was that Shultz killed william
Krug unintentionaly while committing
an unlawful act, namely: Driving an
automobile at a speed in excess OF fifteen
miles an hour
Defense Raises "Nice" Point.
The theory of the defense is that the
term unlawful act" as used in the
statute on manslaughter, refers only to
an act that is evil in itself, and not to
an act that simply is evil because it is
prohibited by law.
The defense believes It is in violation
of the constitution to consider an act evil
only because prohibitory by law, espe-
cially with reference to manslaughter.
In case Judge Estelle overrues the mo-
ton, the case will be taken to the su-
preme court and tried out there on the
same point.
IAN effort to secure bail for Shultz
pending decision by Judge Estelle, or the
supreme court will be made" said Mr..
slabaugh Saturday night but l don't
know that we can get It, He is poor
and his relatives are poor. Judge Es-
telle did not fix the bail. II the case
goes to the supreme court that tribunal
will fix the amount"
! The fate Of Shultz was placed in
the hands Of the jury at Has Saturday
morning, after County Attorney English
| has mercilessly scored Shultz, his lawyers
! and the witnesses for the defense for two
hours and q quarter.
Mr. English declared that an example
should be made of this man. whose only
claim TO honor is that some thirteen years
ago he was selected to haul President Nc
Kinley from the depot to the hotel He
seems to think that this warrants him in
driving an automobile around the city al
breakneck speed with no one to stop him, '
cried the prosecutor.
The defense would have you believe
that Mr.. Wallace, the states witnesses
and even the states attorneys are here on
trial, instead Of this man who caused Mt
| Krug's DEATH" continued Mr.. English
We are not on trial Mr.. Wallace is not
or trial. These states witnesses told tho
truth, as everything about their manner
clearly indicated. There may have beer
slight errors and discrepancies. No one
can be absolutely exact In such matters
matters Of speed They can't tell whether
a car was going forty-fiVe or fifty miles
an hour; but they can tell whether rs
speed was nearer fifty than ten miles al
hour"