Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1920-01-15
EXECUTION OF
| NEBRASKA MEN
| MAY Be DELAYED
Attorneys Continue Efforts
To Get New Trials for
Cole and Grammer
Before Friday.

II Lincoln. Neh., Jan. 14-(Specia'
with only one day re.
naming before the date set for the
.lectrocution Of Alison d. Cole and
Allen v. Grammer. convicted of the
Heath of Mrs. Lulu Vogt of Elba
ENeb., in 1917, attorneys for both
men obtained court action that will
at least delay the execu-
hon set for Friday.
b Judge Munger of the United States
federal court granted hearing tor
ole on writ of habeas corpus this
and it will be heard to-
Enlorrow. In the meantime Attorney
Frank Tyrrell rs Ell route to Wash
|angton to be ready to appeal to the
United States supreme court in case
The writ is denied.
E Sterling Mutz, attorney for Gram
|aner, filed an application for writ OF
Inabeas corpus for rehearing of the
Ease before Judge Stewart of the
81 Lancaster county district court yes
Nerday.
q In the application, Mr.. MUTT
B harges that one man of the jury
which convicted Grammer was not
81 citizen of the United States and
WAS mentally incompetent.
n Judge Stewart granted the writ on
The contention of Sterling Mutz, at
@crney for Grammer, that Henry B.
HBerndt, Juror at Grammer's trial,
@vas mentally incompetent and not a
Eitizen OF the United States and that
popular prejudice against Grammar
and Cole, his partner in crime, set
Elp crowd psychology" which
made a fair trial impossible.
d Assistant Attorney General ]. B.
Barnes for the state and Attorneys
Mutz and T. A. Reisner for
The prisoner, will argue the merits
Of the case at the hearing before
Dudge Stewart tomorrow.
h The attorney general Immediately
s1otified the warden at the peniten-
Htiary that the hearing would be
81eld tomorrow.
May Stay Execution.
This action probably will stay the
Execution of the youths Friday, as
ordered by the court
4 If Judge Stewart denies the writ
[pf habeas corpus it can be appealed
DO the supreme court, which opens
Rhe possibility of going through the
entire case again from the begin
hing.
4 Governor McKelvie today stated
Ahat he would not issue an order for
q stay of execution until after the
@nearing tomorrow. He said that
&his latest action practically takes
khe matter off his hands.
4 In either case a stay of execution
Tor Grammer will probably be neces-
@ary because of the possibility of APP
#beal to the supreme court from the
lancaster district courts decision.
Like Action for Cole.
When asked if this action would
in any way affect Coles status at
The prison, the governor said that ii
he was to issue an order for stay
bf execution for Grammer, i'll event
Ebf rehearing of the case before the
Supreme court, he would have to
bake like action for Cole, because
khe two cases are so closely linked
kogether.
Wife Sees Grammer.
Grammer was brought from his
death cell to the court room by
Warden w. 7. Fenton in the war
den's automobile. He was not hand
ocuffed or shackled.
His wife heard that he had come
to the court house, and she hurried
there to see him. She met him just
JAS he was coming down the steps
from the court house. She fell,
weeping, into his arms.
""Guess we'll have to 60 now, Vim
cent" said Warden Fenton after a
while. "You can see him tomorrow"
he told Mrs. Grammer.
Elizabeth May" said Grammer
Through the bars of his death cell
in the state penitentiary this morn
ing. IF the worst should happen,
want you to know that | have
loved you, and if, after !. am gone,
you meet a good man whom you
can love, il is my wish that you
marry him, and that you be as faith
full to him as you have been to me-"
Mrs. Grammer has been cast off
by her relatives since she took hum
bic position in Lincoln to be as near
AS possible to her husband in his
darkest days.
Tyrrell to Washington.
Grammer's attorneys said it is
doubtful that Grammer will be re-
turned to the penitentiary after the
habeas corpus hearing Thursday in
thine for the scheduled execution on
Friday. They expressed confidence
in the outcome of the hearing.
Grammer's attorneys will apply to