Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-01-15
HAUSER'S NERVE
BREAKS AS TRIAL
APPROACHES END
Bandit weeps for First Time After
Defense is Presented to Jury
in Trial for Smith
Murder.
CASE WILL GO TO JURY TODAY
Attorneys Present Arguments, AL
ternately Pleading Convie-
tion and Release.
HE ASKS DEATH OR AcoUITTAL

Arthur Hauser, bandit and al
legged muTderer---whose cold nerve
has upheld him, unshaken, through
desperate crimes, an escape from
the Colorado penitentiary, flights
from justice with a price on his
prospect of the death chair-broke
down yesterday after his defense,
on which he relies to save him from
the death chair, had been presented
TO the jury in Judge English's dis
trict court.
At noon yesterday, just twenty
four hours previous to the time
--i-sa it is probable the jury will
take his fate in its hands in his trial
for the murder of w. II. Smith,
IIauser wept in his cell in the county
tail.
Tears ran lown his face Bring my
wife here he scbbed to Sheriff Nc
shane, referring to Mrs. May Hauser.
who had just attempted to save his life
by testifying to an alibi for him. 'I may
not see her many times more. | want
to talk to her
Wants Death or AcqUittRI.
Il was after court had finished it's after
noon session however. before Hauser' $
wife and baby and his mother visited
him. Then he was more cheerful. Il
want death or acquittal.' he told Deputy
sheriff Joe Wright. quoting his attorney
Edward f. Rooney. of Topeka. who had
made the same demand of the jury.
Case to Go to Jury Today.
The case will go to the jury about moor
today, according to last nights indica-
tlons. The defense rested at noon yes
terdey, Hauser not taking the witness
stand in his own defense.
The jury must convict Hauser of first
degree murder while attempting to rot
or acquit him. Comfy Attorney Magney
having dismissed second count OF tn,
information which would have permitted
2 conviction If granddaughter, a lessei
NE. II the fury convicts him, it mus
decide whether death or life imprlson
ment shaIl be the penalty for the Staying
OF W. II. Smith at Thirty-first and Dods,
streets October 16.
Three attorneys talked yesterday after
noon, This morning ]. E. Bednar viii
sum up the defense, County Attorney
Magney will close for the prosecution
District Judge English will instruct tn,
Jury and the case will be given to tn,
jury.
strong Plea for Hauser.
Attorney Rooney made a powerful pie,
for Hauser. fIe dwelt on the testimony
of the wife in the bandits behalf ant
the failure of the state to inpeach he
by the testimony of a laundry driver
which we're the outstanding features o
- the morning session OF court and who's
dramatic force was sufficient to breal
the nerve of the alleged murderer
1T is circumstantial evidence on whcl
the. state asks you to convict Arthu
Hauser." began the lawyer. Many vic
Tim Of circumstlntisl evidence lies burie
under the sod. But IL you believe it !
your duty to take Arthur Hauser from
wife and baby and aged mother and sen
him TO the electric chair, say do il.
III you believe him guilty of the fou
murder Of w. II. Smith. send him t
the electric chair. a verdict to the peni
tentiary would prove you eowardly J
would prove YOU are not sure he j
guilty and you are sworn to acquit hin
il you are not sure.
THE law of Nebraska is asking humal
life in atonement for crime. 1t is ask
ing Its pound of flesh,
SO, too. we demand the extreme tn
Continued on Page -Four. Column One