The Norfolk weekly news-journal., 1910-05-06

! News: The Mckay murder trial was
suddenly halted i'm sensational way
/ yesterday afternoon and court has ad.
journed, pending the arrival of law
books which bear upon the question
/ that has been raised.
| AS soon as the state began to intro.
| duce evidence, Senator Allen for the
defense arose and startled the court
! by objecting to introduction of testi
mOny on the ground that the state had
charged Mckay with numbering Brown
on December Z, 1910 tan impossible
! datcl
The state intended to date the mur.
der charge December Z, 1909.
The citing of this error in the com
| plant was like a bombshell in the
courtroom. Judge Welch adjourned
court till today and this morning an.
nounced that no decision as to the
bearing of this error on the trial would
be announced until law books touch
| ing upon the matter are received from
| Lincoln and Madison. Meanwhile the
| jury and witnesses are retained.
The Jury is Secured.
After the examining of seventy
| three men, who were called to act on
! the jury i'm the case of Joe Mckay for
! the murder of \. G.. Brown at Bruins
wick, on December 9, 1909, final
twelve was secured shortly after
the noon hour yesterday Court at
that time adjourned until 1880 p. IN.
w. l.. Staple, eX-mayor of this city,
and who retired from the official posi-
/ tion only a few hours previous, was
the first witness called. The only
question asked by the state was as
to his home and place of business. At
this point Senator Allen arose and
said:
Defense Springs Surprise.
Defendant objects to any further
introduction by the state because the
information charges the commission
of the crime on an impossible date,
to-wit: On the seventh day of De-
cember 1910, and not on a date at
any time of the filing of the informa
| ton"
! The uttering of these words were
taken by the jury, the many attorneys
in attendance and the over-crowded
courtroom, as 2 thunderbot from
clear sky.
The complaint should have stated
December Z, 1909. This had been
overlooked by some of the most in
terested parties in this important
case. and is without doubt one of the
most serious errors ever discovered
during a murder trial in the history
Of Nebraska.
Judge Adjourns Court.
The court ordered the jury to their
room until he could properly and
without disturbance, consult the stat
utes in regard to this unforeseen er-
ror He finally adjourned court until
9 o'clock this morning
over 100 witnesses are now in this
city to testify in behalf of the state.
The killing of Brown was consider
ed at the time that the murder was
committed as one of the most brutal
and fiendish distinctions of human
life ever accomplished.
Mckay Nervous.
| Mckay sat near his attorneys dur
ing the entire day, and the nervous.
ness expressed at different times
while taking his handkerchief from
his pocket and brushing the perspira-
ton from his face, clearly demonstrate
ed to an outsider that he was deeply
interested as to the final outcome of
the acceptance of the jury that was
to consider his fate.
The News reporter asked Senator
Allen how he felt (not having refer
ence to the present trial in question:
He said: It's the first time | have
been able to breathe in twenty-four
hours"
1t may be stated that the gross err
ror in the date was discovered by the
; attorneys for Mckay, who are o. A.
Williams of this city and Senator Al
len of Madison. several days previous
to the final examination of the first
witness.