Omaha daily bee., 1912-05-02
ARE REQUIRED TO GIVE BOND
Attorneys for Defendants Will Ask
for Separate Trials.
NTIRE POSSE MAY BE GUILTY
Sweeping Argument to that Effect
Made by Prosecutor.
CHANGE OF VENUE PROBABLE
Relieved that Citizenship of sarpy
County is so PreJudiced that Il
would lie Impossible TO
Have Fair TrinI,

Ihlef OF Ponce John BrtEgs OF South
Omaha and Sheriff A. A. Hyers Of LIN
coin. charged with manslaughter for the
death OF Roy Blunt. the young farmer
who was killed in the convict chase Of
March Is, we're held for trial In the dis
trict court by County Judge Jennings n.
Wheat OF Sarpy county at Papillion yes
terday afternoon,
Deputy State Fire Warden John G.
Trouton OF South Omaha, who was
with Briggs In the chase OF the con-,
victs. was discharged by Judge Wheat.
who held that the evidence conelusively
showed Trouton took no part in the
shooting.
Judge Wheat admitted Briggs and
Hyers to bail in s. joO each and released
them on their own recognizanee until to-
them on their own recognizance until
this morning. They procured surety
bonds In the required sums and mailed
them to the court last night.
To ASK Chang a. Venue.
II. c. Murphy OF South Omaha. Of eoun-
sci for Briggs. and former Senator f. T..
Burkett. attorney for Hyers, announced
they will demand separate trials and
change Of venue. declaring they believe.
the citizenship OF Sarpy county is so
prsjudiced against their clients that they!
trial In the county.
Under the statute the district court
must grant the request for separate
trials. Motion for change OF venue prob
ably will be filed, argued and passed upon
early in the May term Of district court
which will begin May with District
Judge Travis Of Plattsmouth on tho
bench, There may be a prolonged battle
on the change OF venue matter and II is
unlikely that the case will come to actual
trial before next autumn.
Judge Wheat ruled shortly after
O'Clock. Attorney Murphy followed Mr..
Burkeit With a brief argument for the
release Of Briggs early In the afternoon
and County Attorney Jameson closed tho
argument with BRIEF sumfnins up Of
the evidence. ~ ss-s- s+--ss -. -.
In presenting his arguments for the
state County Attorney W. N. Jameson
no only recommended that the defendants
be held to the district court. but he made
the sweeping and sensational argument
that every member Of tho posse that
pursued the fugitive conviets Is equally
guilty Of manslaughter with the three
defendants ..
Declares Jameson 4. Wrong.
Former Senator Z. J. Burkett, attorney
for Hyers moved that the complaint
against his client be dismissed and pro-
ceeded TO a lengthy argument for the
motion. lie declared the county attorney
right in saying all members OF the posse
are guilty II the three accused Officers
are guilty. but he went on to contend
that Jameson was wrong In assuming
that any are guilty.
The dismissal motion made practically
no change In the situation. The COM
plant having been filed II already de-
voived upon County Judge Jennings N.
Wheat to either dismiss the defendants
or hold them for trial in the district
court.
Officers Are Cautioned.
! Mr.. Jameson briefly reviewed the evil
dcnce. He said six or eight witnesses
gave testimony sufficient to prove be-
yond doubt that the officers opened fire
on the convicts before the latter did any
shooting and that the officers had heen
cautioned not to shoot until Roy Blunt
should be safe. He then declared that
| In his opinion all the pursuers. including
more than $50 farmers and citizens OF
| Springfield and Pspillion. are guilty OF
| manslaughter. under a statute which
makes all persons present at a homicide
accessories.
Jameson cited a federal case in which
manslaughter complaint was filed
| against a sentry who accidentally killed
woman while shooting at an escaped
military prisoner.
The sentry was released on a writ OF
| habess corpus on u showing that he did
not know the woman was within range.
the court holding that had he known the
] woman was nearby and had he taken the
risk of shooting her he would have been
guilty OF manslsughter.
Conyicts Were Desperate.
| Mr.. Burkett maintained that the con-
/ victs were desperate men and that under
the statutes defining mansiaughter the
officers are not guilty. He then launched
out upon an Grafton In which he said he
/ believed the county attorney had been
pushed into making complaints when he
/ did not wish TO do so. He demanded TO
know why Jameson had not complained
against all the members of the posse.
| You would have had q more exciting
time than you have had said Mr..