The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-02-10
Mathews Is
Held Guilty
of Murder
Iurv Convicts Doctor of Per.
forming Operation Which
Killed Loretta McDermott
Two Ballots Cast.
Defendant VIII Appeal

DR.. John T. Mathews. 20. physician
in omaha for more than 35 years. wa,
convicted by a jury in district cour1
last night after a deliberation OF al
hour and half
DR.. Mathews was charged with
murder BY performing an illegal OF
Grafton which the state alleges caus
cd The death. January ;. Of Loretta
MeDernott. "a, Bassett CSeb1 school
teacher.
Henry Beai. county attorney. an
nouneed as soon as the verdict waA
given. that more arrests on charges
% conspiracy would follow. He would
not make public the names Of thosS
nersous. but said the arrests may bs
made today.
The Jury retired at 5.07 after Coun-.
ltv Attorney Henry Beal finished ona
iof the most spirited arguments ever
heard IN district court.
Eat After First Ballot.
At 6. in company with deputy
sheriff. the jurors went to the Wen
lington cafe for dinner after they cast
one ballot They stood then IL to
for conviction
When the jury returned from On
ner they voted again. and this time
lihe ballot was unanimous for convie-
ton. f.at carries a penalty OF l ic
10 years in the state penltenuarS-
This case IS similar to that OF Dr..
Leslie Fields. now serving sentence.
DR.. Mathews appeared nervous al
ter Deputy District Clerk Pardee read
the verdict. He trembled and then
whispered to his attorneys.
One Juror Holds Out.
The Juror the voted for aequit-
tai On the first ballot was German
Shear. South Side.
y did not quite understand the oy-
ing statement and a few other details.
and for that reason I voted fer 4
acauittal." said Shear.
Attorneys for DR.. Mathews stated
that they would appeal 10 the state
supreme court.
VIII Appeal Case.
, Certainly, we are going TO wage
one OF the hardest legal fights TO
fep DR.. Mathews out Of prison. said
LLOYD Magney. because we feel he Is
innocent. We viii attempt to obtain
, new trial and II denied. We VII
! attempt TO appeal to the state SUI
preme court"
Henry Beal moulded together one
Of the best cases in the annals OF
: the district court" said District Judge
Goss. He did some fine work and
should be congratulated. His closing
, argument was a masterpiece"
: eRai. who WAS al home when the
! verdict was returned, was well salts
: fled with the decision.
DR.. Mathews. whose trial lasted
five aavs. was charged with having
; caused the death Of Loretta MeDer-
!. mott. s4-year-oId Bassett lSeh1 school
! teacher.
. Free During Deliberations.
I After Henry Beal. county attorney.
finished his argument and Juege
Coss gave his instructions to the
Jury. Or. Mathews was taken 70 the
sherlffs office and detained for an
hour until il was determined whether
: he eouls be freed while the case was
: being deiberated. The court allowed
. Mathews his liberty until a verdict
Z Wis reached.
joan & Wharton. one of the al
+ tarneys for DR.. Mathews. was scored
. by Judge Goss after he completed hlS
: argument Wharton was telling the
r fary 81 TIE honesty 81 Mrs. Mathews
/. and told about her testimony and OF
Z the diary in which she recorded
=. events
{ Wharton then spoke of friendship
D between Mrs. Mathews and the Goss
family Mrs. Mathews. Wharton fold
r the jury. was teacheE-in school at
1 tended by a daughter of Judgek Cess
/. number of years ago.
Court Rebukcs Attorney.
When Wharton finished Judge Cess
said TO the jury:
Yen heard Mr Wharion's remarks
about my acQuaintanee With n mem
Der q the family of the defendant.
!. Mr.. Wharton spoke 10 me about The
+, matter the other day and I warned
him not to try 10 put that in evidence
5. aud he promised he wouldn't In hiS
zeal for his ellen; he brought thai
out here in his argumen; and I wish
i you 10 ignore any reference 70 i and
I not 10 take it into consideration IN
weighing the credieiliiy os any "