Omaha daily bee., 1910-01-20
ECAy TO Be OUT ON BOND
Court Allows Bail to Be Arranged for
Armour Policeman.
JURY FINDS VERDICT OF GUILTY
Second Degree, Say Twelve Men, who
Recommend utmost CIem-
ency" in Imposing OF
sentence. GOES ''

stephan Egan, convicted last night OF the
murder in the second degree OF Enos J.
DAILY at the Armour packing plant viii be
admitted to bail this afternoon.
The bond will be allowed by Judge sutton
IN district court pending filing and hearing
of a motion for a new trial. Judge sutton
said that bail in the sum OF $500 must be
secured. Egan following the shooting and
up to the time Of conviction was out on
8, 800 bail. The county attorneys office
interposed no objection to bail being ar
ranged.
The verdict against Egan was returned
at 10 D. M, last evening. II read thus;
we, the jury, find the defendant guilty
as charged Of murder In the second de-
gree. We commend to the court that your
honor exercise the Utmost mercy that Is
consistent with JUSTICE
For the first time since he was arrested
Egan last night went to Jail. Egan's wife
was unable to be by his side when
he heard the verdict. Mrs. BEan has
been loyal to the prisoner and would have
sat by his side through the trial but for
an accident. The day the trial began she
and her husband were on their way TO the
court room when Mrs. Egan slipped on
an icy sidewalk and broke her Les.
Egan. assuming that the supreme court
does not grant a new trial, must go to
the psnitentiary for at least ten years, this
being the minimum penalty for murder In
the second degree. The maximum Is life.
hut that he will surely not get. Judge
Sutton in discharging the jury saying
Your recommendation viii be followed"
This ends what has been the most holly
contested criminal trial In the district court
since Mrs. Alta Banner was tried for shoot
ing her brother-in-law The case was more
than ordinarily interesting because Of tho
ability with which counsel on opth sides
conducted IL ana the addresses yesterday
to the Jury were heard by large audiences.
]. A. G. Kennedy and I. ]. Mahoney spoke
in the morning for Bgan and A. q. Elllck
closed for the state in the afternoon, the
jury getting the case at 5:45 and going to
dinner before beginning elaboration,
Deputy County Attorney i. ]. Patti ad-
dressed the Jury the afternoon previous.
EIlick Sums Up.
Mr.. Ellick made the longest address heard
In district court for at least q year, speak
ing three and one-quarter hours. Besides
reviewing the evidence In detail he took
occasion to return sarcastic compliments
extended by the other side In It's address.
The case has been one calling for extended
argument because there was disagreement
among witnesses on many points. Some OF
these differences were not material in
themselves, but viewed in relation to each
other and to the theory Of prosecution or
Of defense, became of the utmost weight.
There was one hot brush during the aft
ernoon between Messrs. Ellick and Ma
honey. The former was commenting upon
the "officiousness OF the police In guarding
young Hogan when he appeared In the
court room" ~
Mr.. Ellick thought and said freely that
the police displayed an extraordinary zeal
in this matter. AS the prosecutor. warmed
to this theme he animated that the at
torneys for the other side had known
something about thist.
Never cried Ellick, has there been a
like scene In this court rooml Never such
an ostentatious display of brass and blue
cloth And all to try to dlscredit the states
witnessl Why, you saw this big policeman
even come up and a my chair. ~
They had this bis, burIy policeman come
In and "o 5
Up jumped T. ]. MAhoney; IT object.
your honor" he shouted, Ito the county
attorney saying they q this big, burly
policeman
II withdraw the remark" interposed
Ellick quickly,
Don't make remarks you ave to with
draw" suggested Mahoney acidly as hi
took his seat.
Mr.. Bllick had aroused considerable in
terest during his address BY asserting that
Mr.. Mahoney had made a fatal mistake In
stating in detail in his opening address
what the defense would be. Fatal, accord
Ing to Bllick, because according TO- BIN
the attorneys for the defense had been
forced to deviate therefrom.