Omaha daily bee., 1921-06-12

Not Guilty.,
Jury Says
Verdict Returned After Six
Hours Deliberation in Trial
Over South Side Shoot.
ing Affray. IS
Wife Grows Hysterical

| ivy DNtNNtANS JSIi' aiNih "@e
found not guilty of nanslaughter
for the Staying of Joseph Howard
by jury which returned its verdict
in Judge Leslie's court at 5:4S Sat-
urday afternoon.
The jury had retired at AS and
through the afternoon hours eonvie-
ton deepened among court followers
that no decision would be reached.
There was a hush over the court
room as Clerk w. M. Pardee read
the verdict, followed by such a DEM
onstration on the part of the detec-
tive's relatives that the Judge warned
them to be quiet
Shakes Hands Of Jurors.
As the jury filed out Of the room,
Herdzina shook hands with each
member. Then he turned to en-
brace his wife.
Mrs. Herdzina burst into tears and
became so violently hysterical that
it was necessary to remove her to
Judge Leslie's office.
Final arguments in the trial, which
had been going on all week, were
completed Saturday morning at 80.
A large crowd listened to the pleas
of County Attorney Abel V. Shot
well, his chief deputy, Raymond T.
Coffey, and Harry B. Fleharty, the
latter Herdzina's attorney.
Unmoved by Denunciations.
Mrs. Herdzina sometimes wept
Herdzina seemed entirely unmoved
by the states denunciations or his
own attorneys statements.
The father of Joe Howard, the
22-year-old hoy killed by a bullet
from Herdzina's revolver the night OF
April 9 at Thirty third and L streets,
listened to the arguments. With him
were several of his daughters.
Judge Leslie instructed the jury
that it was incumbent upon the state
to prove that Herdzina was not act
ing in self-defense if it wanted to con-
vict him of manslaughter.
The judge also instructed the jury
that Herdzina was engaged in law
full discharge of his duty il he
thought the automobile in which the
noisy youths were that night was a
liquor carrying car and that it was
his duty to investigate it and arrest
the occupants if he found they had
liquor
Probable Reinstatement.
Herdzina probably will be rein
stated by Commissioner OF Police
Dunn Monday. He has been under
suspension pending the outcome Of
the trial. Dunn, while a police
magistrate, ordered Herdzina held
to the district court.
Politically, Herdzina was known
as Ringer man" For this reason
some central police station attaches
believe the detective may be reduced
to ranks.
1t was April 9, shortly before mid
night, that Herdzina, while walking
home, saw an automobile filled with
boisterous youths. Joseph Howard,
who was killed, was one of the
youths. Shouts from occupants of
the car convinced him, he said, the
young men were drunk and that 4
fight was in progress.
Slugged With Bottles.
He ran to the car, he said, and
told the boys he was an officer. An
instant later, according to Herd
zinas story, the boys pulled him over
the side of the car and then slugged
him with beer bottles. He pulled
his revolver and fired seven times.
HorHz,S,, e{nfnI <L.$ ko ~.eS-.>1
bruises as the result of the alterca-
ton.
On May suit for $l5O,OO0 dam
ages was filed in district court by
Clifton Harmon, one of the wound-
ed members of the joy riding party.
against former Commissioner of Po-
lice Ringer. former Chief of Police
Eberstein, Detective Herdzina, Off
Ger Charles Morton, and Police Cap
tains Allen and Briggs. The suit
was for alleged damages suffered by
Harmon as the result of the shoot
ing.
Harmon charged the police off
cials individually and collectively
permitted him to be confined in a
filthy, ill-ventilated, vermin- infested,
dungeon for more than
"a hours without medical attention
he was seriously wounded"
He is now in Ford hospital where
last week he underwent a second
operation.
In the car with Howard were Fran
els Welsh, John E. Welsh, Frank L.
Paul Kane and Clifton
Hannon. Welsh, Kane and Harmon
were wounded.