The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-12-13
J urOrS III
Arson Case
See. Banner
Talesmen Trying County
Treasurer Take Whiffs of
Exhibit, Introduced Aft.
er Hard Battle.
Burned Papers Evidence

North Platte NeD., Dec. l2.--Whaf
remains of a charred American flag.
which, according to testimony, WAS
found in a keg on the second floor
Of the old Lincoln county courthouse
after that structure was burned last
April. finally became a part Of the
states evidence today in the trial Of
Samuel N. Souder, former county
treasurer. charged with arson in con-
nection with the fire.
Twice before. once yesterday and
again this morning, Judge J. L. Te-
we'll Of Sidney. presiding. had sus-
tained temporarily objections by the
defense to admitting It as evidence.
but the prosecution this afternoon
was able to work It in while L. J.
Butcher, Lincoln, deputy state fire
marshal, was under direct examina-
ton by George Gibbs. special prose
cutor.
Asked what condition the flag wal
IN when found. the witness asserted
Il was oll-soaked and charred and
expressed the opinion it was he him
self who pulled it out Of the keg.
Jurors Take Whit.
The defense objected TO introducing
lit as evidence. but the court sustained
the prosecution and the flag. known
as exhibit No. %" was handed to
THE jurors IN a pasteboard box and
each took a sniff TO see IL ne could
detect the oder.
A bundle OF tax receipts. also
eharred. became part Of the states
evidence.
Cross-exarnined by Walter V.
Hoagland of counsel for defense. Mr..
Butcher told OF search Of Seuders =
farm after the fire. but admitted he
did not find anything"
The state also succeeded in getting
into the evidence a batch of what
Hershey Welsh. engineer employed
by the county. said were burned and
| torn county warrant stuus which
the prosecution chose to refer to -
Exhibit No 81" and which the wit
ness said W ere found in the district
courtroom on the second floor Of the
building by I. -. Dempsey of North
Platte courthouse guard after the
fire.
They also smelled OF oil. according
to testimony given by a. L. Larson
OF Minneapolis. auditor employed by
. a Cleveland public sceountancy firm
which made an investigation Of Lin
coin county affairs.
Theodore Lowe. jr.. county CLERK.
. was called TO the stand TO tell OF
records in his office on the S2tur-
day preceding the fire which occurred
on the night Of April $50. These
included. tbs witness said. a road
fund warrant book and a commits
sioners' proceeding known as NC.
5" record Of the business transact
ed by the county commissioners.
Mr.. Lowe also testified he recog-
nized exhibit No. 81" as part OF a
roSS fund warrant book. asserting
that IL contained some of his own
{ handwriting.
Exhibit No. 20" which Vas al
mitted as evidence at the morning
session and which the state contends
!, WAS a part Of the county commits
sioners' record No. 5. was recognised
by the witness. who also described a
visit he said Souder made 10 his OF.
flee on the Saturday before the fire.
: Souder Sought Records.
Souder. he declared. asked where
road claims were keut and also where
the commissioners record was. and
when he was told where the latter
document was. he inquired II It was
No. O." lie also asked for and was
given key TO the county commits
soners' office and was gone for
2 about Is minutes. returning the key.
the witness said.
/, Under discrimination by A;tor-
, ney Robert Reattey for The defense
, however. the witness admitted that
/, was not an unusual thing for
a Souder TO come 10 the county clerks
office looking for records and that
= Souder had asked for the key 10 the
. commissioners office 70 gain access
: 10 hte attic lie was seeking \ per-
sonal tax schedule in thu attic for
1917, Il was brought out.
Mr.. Beattys questioning siso
brought out that the county record.
I. ers office. which adjoined the eoun-
~ clerks. had been broken into rrior
tc the fire and that the door between
these two offices was kept unlocked
shortly before caurt adjourned un-
I'll morning. Z. T. Hartford, isincoln.
a state fine marshal az tire time oc
< the fire and now cisar and confec-
r t'onory merchant was osiiesi 10 idsn-
!. tfy Walls containing oil and - es;se,-
!. lish Identification 81 other articles.
>. lie WAS excused from further TEST.
!. mony beSause ~ the illness cf his
/ pffN