Omaha daily bee., 1916-01-12

lay not absolutely necessary and sttor-
neys for Hauser, although they asked for
continuance. declared they were not
seeking delay unless their client is shown
to be really H.
Doctors Note TO Judge.
Or. Connelrs note TO Judge English,
reads as follows:
MY Dear Judge English: I Just exam
ined Mr.. HRuser. lie has either ulcer
ated tonsilitis. or possibly Is in the first
stage OF scarlet fever. He should be
In bed for twenty-four to forty-eight
hours at least Respectfully. T. w.
CoNNELL, Health Commissioner"
Probable JurOFs.
Selection OF jury was almost finished
during the morning session, at the close
Of which the following men sat in the
jury box;
c. a. Swanson. Florence. farmer.
married.
Connie o. Downing. S0si South Twenty
first street. street railway conductor.
single
Willard b. Nlmocks. SIS South Twenty
seventh avenue. treasurer of Allen Filter
company, married.
E. G. Jones. 1918 Ohio street. express
man. married.
T. ]. Vorwald. Si4 North Twenty-fourth
street, railway clerk. married.
Thomas @. Foglesong. lin Chicago
street. laborer. single.
Frank Wirthsafter. 2S72 Harvey street.
cigar store proprietor, married.
Earl Il. Lloyd. 256s evans street. rail-
way clerk. married.
Elmer Il. Meek. 1914 North Twenty
second street. expresAman. married.
Frank Lusk, 1910 Douglas street. la
borer. single.
Charles p. White. 56is Florence boule-
ward. baker. married.
Few Challenges Left.
These will be eleven OF the twelve men
who will compose the jury which Will
try Hauser on a charge OF numbering w
II. Smith. woodmen OF the World cashier.
according TO yesterdays indications.
When the hour OF the noon recess ar
rived these eleven men. who had thus
far survived the challenges of defense
and state. both peremptory and for
cause. sat in the jury box. with them
was Robert A, Finley. 1879 l3urdette
street. an accountant who had been
passed for cause by attorneys on both
sides.
Attorneys for tho defense had ex-
hausted all but one Of their twelve
peremptory challenges. The county at
torney had exercised two per
emp'orios." had waived six and had two
left.
saw Hauser Near Murder.
A surprise which. II Is believed. will be
a serious blow to the defense. was sprung
by the prosecution in the person OF Mrs.
Letticia Newton. 2sso Davenport street
Mrs. Newton. Il was learned. will be
witness second only In Importance to Miss
Slater. in that she will testify she saw
IIauser follow Mr.. Smith and Miss Slater
west on Dodge street the night Of octo-
Der 16 a few moments before the murder
was committed
Mrs. Newton, she said. will testify that
| she and her husband. ..ruce Newton. got
off a westbound car walked north TO
Twenty-ninth and Dodge streets on their
| way home and met Hauser under an arc
light.
IIauser Halls Them.
Hauser attempted to stop thom, accord
ing 20 Mrs. Newton, and they took the
middle of the street TO escape him. Mr..
Smith and Miss Slater then appeared,
walking west on Dodge street, on their
way TO the girls home. and Hauser fol-
lowed them. the witness will testify.
The murder was committed at Thirty
4 second and Dodge.
Examination OF jurors proceeded rap
idly during the morning session OF court
The gravity OF the court scene was re-
lieved at times by touches CO humor
/ Once negro juror. when questioned
whether he was opposed to capital pun
I ishment. answered:
Relieves In Commandment.
Yes. sir; don't believe in II. believe
In the sixth commandment Thou shalt
not kill.' "
lie was excused.
John Poliyka. 4e07 South Thirteenth
street, was seated In the rear Of the
lower court room when his name was
called. How do you spell itg' asked a
court official OF the clerk.
''P-o-ltv-k-a. shouted the juror, as
he rose from his seat
Miss Slater and all the other WIT
nesses subpOenaed By the prosecution
appeared In the court room. Miss Slater
1 IA - Pal