Omaha daily bee., 1910-03-12

For the second time yesterday the shade Of
Joseph A, Conner was conjured up before
the jury. This was by E. p. Smith, clos
ing for the proponents. Standing before
the twelve men about 10 retire to the jury
room. Mr.. Smith held in one hand the
copy of the will which 1t is sought to have
admitted to probate and in the other he
clutched the agreement between the heirs.
II would to Cod cried the attorney,
that Joseph A.. Common did stand here!
Would that he were able to come before
you and to speak! Which, then, OF these
would he tell you to choose, his last will
and testament, or the document prepared
by this Colliver, a man he never sawp'
The jury has reached a verdict in the
case, but it's contents will not DO known
until $50 this morning, according to the
custom practiced in civil suits, where
sealed verdicts are permitted. The verdict
was reached at 10 p. m.
The jury took the case at $50, following
the most vigorous argument the Douglas
county court house has known since q
year ago, when the four attorneys argued
the same case in county court. County
Attorney English occupied the morning ses-
sion. Judge ]. ]. Sullivan followed on the
same side the fore part of the afternoon
and then Mr.. Smith closed for the pro-
ponents.
II have listened said Mr.. Smith, 'tc
the excoriation OF my associate &C.. J.
Smyth) by Mr.. English, 1 have listened
to the prepared and committed grafton de.
livered by Judge Sullivan. 1 am not pre-.
pared to reply to that-and 1 would moi
reply to Mr.. English il 1 could. have
neither the time nor the inclination 10,
4 epithets and invective nor for word pic
! lures"
Legal Brethren at War.
The other attorneys in the case had like
, wise asserted tina they would not spar,
time for invective and then proceeded t,
, deliver a few rousing wallops at eacl
! other and each others witnesses. So, sim
ilarly, Mr.. Smith let go of a few fervit
sentences regarding Judge Sullivan ant
also painted som glowing verbal scenes
/ Il occupy a peculiar position in thi
case" said this attorney. Il am the onl,
lawyer involved who is a Protestant.
am the only attorney in the case who wa
, not himself educated in ~parochial schools
r 1 am the only one whose own children
have not been sent to parochial schools
: And yet 1t comes to me to defend parochia
schools from assault and the ~priesthoo
! from aSpefslohs.
Il shall not take time to defend at lengtl
the paroohial school system. II 1 needle,
to I could point to the other three attor
neys in this case as conspicuous proof O
what these schools can achieve. AS exhibi
A, I would offer the county attorney O
Douglas county and as other exhibits,
need be, the children of the county attor
ney.
But ], as a Protestant, was astonishe
at Judge Sullivan. when he read eertai
provisions OF Joe Connor's will and sneere
at them. Why was this? Does he thin
that Professionals like myself and you me
on the jury nave a yellow streak so tina
such tactics will appeal to us. 1 tell you
Judge Sullivan here interrupted to den
that he had ''sneered."
The jury heard IT," cried Mr.. Smith. Z
tell you that there is no yellow runnin
through our veins. There is none in ou
makeup. There may be in yours but nc
in ours"
Il like 20 win law suits, I am anxious
as every lawyer is, but IL II we're my la
act on earth, may / never be found attacl
ing the tenet of the faith OF my mothe
Tn major portion Of Mr.. Smiths addres
was a urgent review OF the evidence IN II
case as his side sees it,
There was fire too In the address
Judge Sullivan which had preceded that