The Omaha morning bee., 1923-12-09
MurderCase
Ends In Hot
Arguments
Attorneys for Defense and
Prosecution i'm Farm Muir
der Exchange Per
sonalities.
Pity for Young Cir.
BULLETIN.
Seward, Neb., Dec. 8.-AIl
three OF the Najgrts were found
not guilty by the jury tonight.
BULLETIN.

fJCndf0s 4NFDsy sBtts Ds-fbf
three OF the Najgrts were found
not guilty by the jury tonight.
Seward, Neb, Dec. Sat 5:45 to-
night the case Of Adolph. Julia and
Abby Najgrt was given TO the jury.
after IL had been instructed by Judge
Corcoran that the state was not ask
ing for a verdict of first degree muir
der, and that ii would find one or
any of the defendants guilty of sec
ond degree murder. manslaughter or
not guilty.
In dramatic argument to the jury
Attorney Frank Bartos Of Crete, who
made the first argument for the de-
fense, declared that the state had
never proved who killed Tony Lana
and that he for one. did not know
why we have been here for two
weeks"
Pity for Abby.
Il only know" he continued In
an inpassioned tone, that someone
should have killed Anton Lana be
fore he ever had a chance to ruin
little Abby"
He bitterly scored the methods used
by the prosecution in securing signed
statements from Abby and her father.
and his argument was filled with ref
erences to Fatty Runty" and Bully
Barth."
1T is those people who have caused
this commotion and II is they who
ought 70 be hung and not these de-
PENDANTS" he cried. pointing a finger
az c. F. Bar1h. deputy county aaor-
nsy. who sat 10 feet from him.
He WIS followed by Edward Vail.
partner OF J. J. Thomas. defense cnseer
counsel, who confined himself to an
outline Of the law governing the case.
He said the state had no lerai rfrht
to hold Vajgrt for more than "a hours
without prefsrr1ng charges against
him.
The prosecution has brought IN
many irrelevant issues" he said. ito
eeviider the jury and now they are
throwing them overheard.
Motives" Improved. -
He was referring to the "Runty
Grave. which Barth disowned this
morning and to the many motives for
the murder. suggested IN County At
torney McKillip's opening speech 70
the jury which has never been proved.
Attorney Thomas. who completed
the argument for the defense. N an
address that ran the ganut from cold
logic to the dramatic, and IN which
he broke down several times, showed
as did Bartos. that the shotgun wound
which caused the death Of Lana. must
have been inflicted. as testified 10 By
Abby.
Holding the jacket Of Lana before
the Jury. he emphasized the srnailness
Of the shotgun hole and its position
under the srmpit. saying that the gun
could not have been held more thar
a foo, from the body and that Lana's
arm must have been raised when the
gun was discharged.
Witnesses Denounced.
lie declared that the defendants
were ignorant OF the bin OF rights
which throws a mantle of protection
about them. and that their respect
for the law was so great that they
felt they must answer questions put
them by officers OF the law.
Abandoning logic. he swung into
denunciation OF the states witnesses.
Runty. Frank Nlshnefski and A. G.
Nollsnd. who he declared were the
only three listed on the information
that would tell him nothing OF the
case
Correspondence" Detective.
"Runty.' he said. was nothing but
a correspondence school detective.
seeking to imnaortallze himself. while
Voliand. Milford undertaken. was
declared TO be that pretty boy who
got an order from the county attorney
to embaim that animal" -.
The defendants" he concluded.
ough; not 10 have a verdict ot
guilty. hu; vote OF oongratulatson.
County Attorney Mckiiiip. in clos
ing the states argument, outlined his
theory Of tho killing Of Lana. His
action vas objected te by Thomas
who characterized IL as unfair. and
Judge Corcoran admitted that It Was
tfsLNAe EtNISls AAaat - kNNt AHF
defense no opportunity u refute the
theory.
States Theory
Mckillip said he believed that Tam
was attacked on the sunday evening
preceding the. tragedy. and WAS
carried out to the straw shed by
Adolph Najgrt. l-snS's face Nae
bleeding and as NSlgrt entered the
she'd Lana struck against the poSt.
which accounts FOR blood spots On
the plank with which Mrs. Nassrt
SAWS she struck tho dead man,
The following morning" he con-
inued. "Nsjgrt went 10 the SHE'D.
ard. finding Lana stin alive. finished
him with the shotgun
4 think the mother plannea s..
and the father carried s. cut vita
her assistance" he said and 7 doubt
II Ably was even present
Ccmmenting ea the sssncd state
men,s, he declared that they were
secured in a proper manner. sna shst
the law throws loo much protection