Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1914-11-20
HINTS OF SCANDAL
IN SAMMONS TRIAL
Testimony Charges Defendant with
Talking of Getting Friend
on the Jury.
SPOKE OF FIXING PROSECUTOR
story of Witness Arnold webbert
Temporarily Ruled Out by Court
ON Theory that IL Does Not
Relate to Issues.

Will Judge Page Morris admit as evi-
dence the testimony of Ornold Webbert,
who swears Walter f. Sammons told him
he would have a friend on the jury"
and intimated that he and Judge w. d.
Oldham would Fix" United States Dis
trict Attorney F. S. Howell? And does
the testimony prove anything?
These questions are worrying the de-
fense and the prosecution in the case of
the government against Sammons, lieu
tenant colonel in the Nebraska National
Guard, former sheriff of Buffalo county,
who is charged with robbing the Kearney
postoffice of 5000.
The friend" referred to is Captain
Kelso of the national guard. who was on
the jury panel, but was disqualified.
Judge Morris has ruled out the testi-
mony temporarily, but gave notice that
circumstances might later warrant its ad-
mission.
Practically all of the afternoon was de-
voted to an oratorical battle between the
opposing attorneys as to the adrnissa-
bility of this evidence. The jury was sent
out of the court room during the argu-
ment.
Two Versions of story.
Attorney Howell said:
II want TO show that Sammons made an
attempt to stifle justice by having Cap
tain Kelso serve on this jury; that he
Dragged to boys at the Henshaw hotel
that he would see the district attorney
and fix him so that Kelso could be kept
on the jury"
Attorney Norris Brown for Sammons
said: ''There has been a studied effort
on the part of the district attorney to
leave the impression that fixing was at
tempted"
Young Webbert- a former Kearney boy,
said that Sammons told him he and Judge
Oldham, one of Sammons' attorneys. were
down here TO see Mr. Howell and fix 1t
so that Sammons would have a friend on
the jury"
Judge Oldham told the court he knew
nothing of the affair and had not known
a man by the name Of Kelso was on the
jury panel He said he was willing to
take the witness stand and SO testify
Go on the stand. I'll let you testify
Go. and we'll take webberts testimony"
said Howell.
Howell argued that the evidence would
tend TO show that Sammons was "con-
scious of guilt" and the opposition sought
TO have his evidence excluded.
lnls was ldle taik, perhaps, II II was
said at all" declared Mr.. Brown.
"The law does not punish for idle talk
unless IL is somewhere put into execu-
ton" argued Attorney H, M. Sinclair for
Sammons.
CriticiEeE Prosecutor.
Mr.. Oldham accused the district at
torney of being too Jealous in the fight,
saying he had become a hunter of
men," To- this Howell excepted declar-
ing he was not responsible for the de-
fandants acts or utterances.
Judge Morris said:
Temporarily this will be ruled out,
but II you will give me that book with
the cases cited l will look them over
Later | may change my mind"
The prosecution will probably conclude
its case today. Witnesses examined by
the prosecution in the afternoon were
Harry Dildine, William Upright and c.
A. Bartz of eKarney.
Dildin said that he met Sammons some
time before the robbery and Sammons
said he was hard up and would do most
anything for money" Dildine said he
CONTINUED on Page Two, Column Three