Omaha daily bee., 1912-05-23

had produced testimony sufficient TO war
rant a conviction. At the close Of Mr.
EnElisha renpsrks \. W. woodroush Of
Greene, Brecksnridae, Guriey a Wood.
rough. council for dross. quietly an
nounced that the defendant would waiys
argument. under the rules OF practiea
the waiver ciossd the argument and the
jury was instructed and sent out 70 de
libarate IL once.
Yesterday afternoon ~ an adtournment
was about % Be taken the Jurors asked
that night sitting he had In order that
the end Of the trial might be reached IA
soon - possible The attorneys and the
court vera willing and the evening sit.
tins was begun shortly before o'clock
Tesffmeny for Defense.
The state rested at o'clock In the
afternoon. The defense required but a
short time 70 make tts case George
w. Gaines. assistant claim agent for ths
street railway company; sheriff 2. q
Smith Of Madison county. and James r
coniey Of Omaha testified positively and
sraighsfprwardly that they were IN
orosa' office on the day KemraerIlng says
he called on Gross TO demand payment
Of So balance due on a yS bride otferad
BY ofoss: that they heard Ksminsrling'a
conversation and that his demand Was
for IS for helping secure . settlement
OF Damage claim against the COMPANY
made BY an old couple named alderman
Mr. Gaines said he subsequently saw
Gross pay Kemmerling IS and ask him
II he was satisfied. kemmerilng replied
ne guessed he would have TO be. Mr..
Gaines said that on several occasions
thereafter Kemmerling came to the affise
and demanded 80 More lie said he
guessed he came ,up.to make the demand
every time he got drunk.
conley ana smith were AZ Gross Of
flea TO fill business enksssmsnl
Conneii and the Case.
W. y. Comet. attorney for the street
railway company. testified that when
Kemmsrllnx was accused Of accepting 4
brsbs from dfoss the latter came 10 him
for advice and he teok charge Of the
case. Mr. cennell sAid he and Gro1s
went TO sheeleytown 70 zee ksmmsrling
ana AAh& Nfa s%& tNtstN4tNf AM@@ ss@A~@
him the worse for liauoF. Mr. cunneli
said b. Eas kemmsrilng's promise to
surrender hinssif In Judge Redick's court
the following morning. but ne failed to
appear Mr.. conneii than learned thai
Kemmerllng had gotten very drunk dur
ing fhe night and he employed James
Allan. private dstsctivs, 70 take charge
Of him and get him sober enough 10
come into ecurs.
Mf. conneH said he employed Allan
hsSsHss ne had promised Judge Hsciek
he would get KsmmerlinK Into court lie
s2d be ssnpioyed Attorney A. 4. Ritchss
to defend ksmmsrliux. Mr.. conneli said
he teck the actions ne did In the mat
tar because the KemmerIIng case seemed
70 have gHoun out of a case tn which
the street Railway company was lntnr-
Gated and ksmmerllng seemed To him 10
have soften into trouble innecsnsiy
sn6uKn ksnarneFilng ara nine other
Jurors In the West case had voted for
shs saznpanv and Mr. connell thought
tha company would eve Il to any Of
tAssn to help them Il they were ID
tfesbIe eve- the case.
Jmrers Called.
Ten furarm Mho served ID the West
case sers called by the defenss ana asks1
IL shey offered Of reesiyed hsahes fran
asyen< Ohseesicns 10 the questions were
sustained. but the dafeass sffsrea to
prove thar IL showed 70 ahawer al
koul1 say they we're offsf5d ans rs-
sfIvsd No hrEb@s