Omaha daily bee., 1911-05-10
FLEGE is OUT ON BAIL
Man Convicted of Murder of Sister
Released by Supreme Court.
BOND is FIXED AT $4,000
His Attorneys Contend that He Was
Railroaded TO Prison because
Public sentimsht was
| Against Him.
BOND IS FIXED AT $4,000


was admitted to bail a lynching or muir
der would occur, the supreme court this
morning issued an order, that upon the
execution Of $4,000 bond the man could
have his liberty.
Following the decision Of the court in
the matter, two brothers OF the convicted
man, Harry and Fred F1ege. and a brother
in-law, Herman Freevert. substantial farm
ers, affixed their signatures to the bond
and swore to their schedules Of property
Afterwards they went to the uprison and
armed with the order of the court secured
the mans release.
Fleges home is in Logan township, Dixon
county, In a community Of thrifty Ger
mans regarded as one of the wealthiest
precincts in the state. F1ege and his sis
ter lived together on the old homestead
which had been given him at his fathers
death. On the afternoon of June 30 1910
she was found murdered on the premises.
The official inquiry narrowed until the
only two suspected Of the crime were the
eighteen year-old hired man. Albert Eight
encamp and the brother, William At the
coroners inquest the boy swore he knew
nothing about the murder, but later said
he was a witness 20 It and that William
had killed his sister, following a quarrel
in which she upbraided him for spending
so much time running around in his new
automobile leaving her to carry on the
farm drudgery. lie sad he had not spoken
before because William had threatened to
kill him II he told.
Flege has, always insisted upon, his own
Innocence and insists that Eightencamp
was the guilty person. Their theory was
Mat the girl was assaulted and then muir
dered and the testimony OF a doctor, the
coroner of Wayne county. was introduced
to show that an examination Of the girls
Flege's attorneys are also confident that
he lie not the guilty and say that he
was railroaded to prison because OF the
strong sentiment against him. County At
torney Kingsbury, on the other hand is
\ firmly convinced that Llege was right
L(runy convicted. The murder was a most
Nhenious one and all Of Dixon county has
been greatly excited over 1t.
In presenting the matter to the court
this morning Fred Berry, for the defense.
<aid that theS relied for reversal upon
" errors of the trial court in ruling upon
admission of evidence and in giving instuc-
tons to the jury. The supreme court, he
said. had held repeatedly that where there
was an eye witness to a murder malice
would not be presumed, but that that
would be a question for the jury. In this
case the court instructed that malice was
implied.
Fleges attorneys insisted that no motive
for the crime was shown except the suE-
gestion that It was done in sudden quarrel,
yet the court. in discussing motive said
that 1t might be found In love or gain
lust a selfish desire, hatred. in the sudden
heat of passion or some other OF these
things which move the win. Mr.. Berry
said that none of these motives were
A.brought forward in the trial and that II
L.. aUaCN WWaA
tions on the theory that instructions should
always be applicable the evidence Of
the issues. Complaint was made that ar
instruction was made on the question Of
abb. MIR. Berry said this Is always ar
unpopular defense. that It was not madt
in this case and that the court prejudicec
the defendant b1 1nstructing the jur!
upon It,
EIdred Land Case Called.
A Jury was empannelsd today and tn
oaAe started In the federal court in the cas-
of tho United States against Everett Eldred
who il charged with oonspiring to defrau'
the United BtataSs government out OF land
Abelonglng to It.
The Indictment charges Mr.. Erred witt
Ihaving oonspdred with william r Clark
fgohn L. Richards, and others, 20 defrau'
the government OF right and title to Ger
tain government lands in Deuel. county. Ne
braska- Mr.. Elred is a cattleman of tina
county. When the Kinkaid homestead &C
went into effect her had large tracts o
government land fenced. 1t Ia alleged 4
the charge that he went to Dewitt an
WILDER where no induced q number of oil
soldiers to make entry upon land within hi
Hences. II Is further alleged that as 500
Jas the old soldiers proved up and pro
cured the patents to their lands they trans
ferred the title TO Mr.. Bldred. The gov
er. .nment will endeavor to prove that Their
was q nagreement before the filing on thes
claims that the land should be transferre
to Mr.. Elred as soon as the titles wer
aClear.
In his opening statement TO the Jury As
sistant United States District Attorne
lane pointed out that there is a law in tn
federal statutes that makes II an offens
for two or more persons to conspire e
gether 20 defraud the United States II
also pointed out that in order to secure
conviction II was necessary to show a
overt act grwing out OF the conspiracy H
said the evidence would so as far back q
1904 and would lead up to 1905 during whic
years he said the plaintiff would endeave
TO sho what overt acts had been committe
10 carry out the alleged conspiracy.
state A. o. U. w. Convention.
The biennial meeting OF the state A {
U. w. convened today In the city wit
more than $50 delegates In attendance. A
the session OF the grand lodge held tn
morning. there were over 800 new membei
taken into the order, the work being 20
empllfied for the benefit OF the visitor
The afternoon session was largely OF a rol
tine nature and considerable business wa
transacted Nominations for grand lodl
officers will be made tonight and electio
viii take place tomorrow morning. job
II. Bennett OF Omaha, is out for electio
grand master and according TO repor
given at the headquarters, stands goo
chances OF winning the honor. He s Of
posed by present grand master Wslling
David city and Ed Parriott OF Peru. Has
ings Is out after the meeting for 1918
Adjutant General Phelps has received 9
invitation. experimenting one sent son
time ago by Governor Deneen OF Ininol
from H. A. Wheeler he8d or the Chicas
Association Of Commerce 20 send eith'
the Nebraska National guard as a Who'll