Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-01-16
'HAUSER JURORS
ARE UND ECIDED
AFTER 5 HOURS
Ask Bailiff for Cigars at the End of
This Period of Deliberstion, In
dicating Are Not Near
Agreement
LAWYERS SCORE THE PRISONER
County Attorney Magney in His
Closing Words to Jury Lays
Bare Motive of the Man.
MRS. HAUsER MAKES ADMISSION

After five hours deliberation over
the guilt or innocence of Arthur
Hauser, accused of the murder of w.
H. Smith, the jury in Judge English S
court last night asked the bailiff for
cigars, apparently indicating that
they were prepared for a long stay.
The request was made at S:45I
o'clock,
1t was learned during the evening
that Mrs Hauser has admitted to
friends that it was through informa-
ton furnished by her that her hus-
band was arrested, but at the time
she furnished it, she did not know
murder charge was lying against
him. She knew only that he was
leading a reckless life and thought
1t was time the restraint of the law
should be put upon him.
Case to Jury Mt 3,4O r. NJ.
The. case of the State against
Arthur Hauser went to the jury at
3:40 o'clock. When the supper hour
arrived the jurors still were delib-
Grating over the issue whether
<Hauser shot to death w. H. Smith
Woodmen of the World cashier
while attempting to rob him and
Miss Grace Slater at Thirty-first and
Dodge streets on the evening of Oc-
tober 16, last
A vigorous and logical speech by
County Attorney Magney. who
closed the case for the state, left the
bandit respondent.
''It will be a death verdict" he
told Sheriff McShane after he had
been led from the court room for
the last time before the jury decides
his fate. THE jury will be out two
hours and the verdict will be death"
The jury took with it into the
jury room three blank forms for a
verdict. One was for conviction
with the death penalty, one for con-
victlon with life is1psseaMpesnt and
one for acquittal.
All in Court Room.
When Louis Grebe. court bailiff inter-
rupted the jurors deliberations to invite
them to eat supper, however, half OF
Hauser's prophecy had been disproved.
More than score and a half of murder
juries, including those in many noted
cases, have been under the charge of the
veteran bailiff during the last quarter OF
century.
The last hours of the trial found all
the principal characters of the murder
drama in the court room. The dead
mans wife and mother and two children
I sat in the spectators seats. Their heads
were bowed and they were weeping. The
wife and mother and baby of the bandit
on trial for his life, were close to him.
The mother go years old, was in tears
and held her handkerchief to her face.
Mrs. May Hauser sat motionless. Many
friends of w. II. Smith were in the court
room. including more than 1O0 persons
from Council Bluffs, his home during his
lifetime. The remainder OF the spectators
who overcrowded the court room were
entertainment seekers and were equally
ready to smile or weep as circumstances
might dictate.
County Attorney Magney remarked as
he opened his argument that he had been
surprised when he heard the arguments
of the three attorneys on the other side
of the table to find that they could make
so much out of so little. He analysed al
thee violence, declared it proved Hausel
guilty and that the murderer of Smith
deserved the extreme penalty
MaEney cites the Law.
I'VE have statute that OF man kills
another while attempting 10 rob him, ht
is guilty of first degree murder and the
penalty shall be death or life imprison
Inent." said the prosecutor. You gentle,
men are sworn to uphold the law of Ne
braska.
Some motive for the killing of Smith
Continued on Page Two. Column One.