The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1924-03-26
Chair Asked
as Penalty
forCunnnan
Defense Pleads for Leniency !;
Cuzwesc Is Taken Back
to Cell to Await
Verdict.
Deadlock Is Rumored

ringing in their ears the jury who
are to reach a verdict in case OF the
state against Joe Guzwesc. charged
with the murder of Detective Frank
Aughe. retired to the jury room at
1916 Tuesday noon.
Hours later no report had come
from the locked room.
Hopes of conviction held by Coun-
ty Attorney Henry Beal and hopes
of acquittal, or at worst life sentence,
held by Guzwesc were both wavering
a few hours after the jury had re-
tired. A report had been circulated
that part of the jury strongly favored
a death sentence and part dispe-
leved in capital punishment under
any consideration.
Mrs. Mayme Aughe and Miss Helen
Aughe, widow and daughter OF the
slain detective, waited patiently at
the court house for the word from
the jury room that verdict had been
reached.
At 1880 the bailiff approached
Judge Fitzgerald and delivered the
message that the jury desired to ex-
anime further the gun from which
the bullet was fired that killed Aughe.
John N. Baldwin, attorney for the
defense, objected.
IF they wish to see an exhibit from
the trial." he pleaded, they must
examine all the exhibits which were
admitted as evidence"
Exhibits Shown Jury
There were is of these, including
the criminal record Of the man on
trial for his life.
Judge Fitzgerald ruled that the en-
tire list OF exhibits be viewed and all
Is of them were taken into the jury
room.
The Jury did not ask for further
instructions from the court.
County Attorney Henry Beal bit
terly arraigned the indiscriminate
pardoning of criminals by parole
boards in his powerful argument to
the jury trying Joe Guzwesc for the
murder of City, Detective Frank
Aughe, Tuesday.
1t was in answering the plea OF
John N. Baldwin, attorney for Guz-
wesc, who besought the jury to pin
upon It's bosom "the white flower OF
charity in considering the fate OF
this wounded animal"
1.-THE parole board at Canyon City,
Colo, Just seven months ago, let the
so-called flower of charity influence
good Judgment" Beal declared. ut
sprouted in their minds and brought
forth the flower Of death for Frank
Aughe. The blood of Aughe is upon
those who, in the past, have dealt
weakly with him."
Demands Death Penalty.
Beal argued for the death penalty.
lyon IL men have not the power
10 send this prisoner to the electric
chair" he said. For. though you
bring in that verdict. the evidence in
the case will be reviewed by the SUI
preme court and, II the evidence is
found not sufficient, the sentence Will
he cut down. Never has man been
sentenced to the chair from Douglas
county whose case was not later re-
viewed by the highest tribunal IN
the state. DO not fear to do your
duty as men.
"If YOU send him to the penitentiary
for life, he will be out before many
years. Societies ind individuals Will
plead for him, forgetful Of his past
record, the persons he has terrorized
in Durglaries and the man whom he
murdered. Misguided people. wearing
on their blossoms the so-called white
flower of charity. will be active In his
behalf"
Jury Given Case
IN Gross, assistant county al
Il Y. also argued for the prosecu
II, James Walker made the open
in ,rgument for the defense.
= ne jury took the case just after
u. following reading Of instructions
by Judge Fitzgerald. -Four verdict
forms were given the jury. One Is
'cuilty of first degree murder and
habituaI criminal" with the penalty
OF death; a second is like this. with
the penalty life imprisonment; third
declares Guzwesc guilty OF second de-
cree murder, and a fourth is for ac
quittal.
Mrs. Mayme Aughe and Miss Helen
Aughe, widow and daughter OF the
slain detective, wept during the argu'
ments. The court room was crowded.
The prisoner, under whose eyes dark
rings appeared, moved restlessly and
moistened his lips while Beal pleaded
for the electric chair. The young
criminal Is said to have an obsessing
fear Of the chair.
Guzwesc Takes Stand
In his short testimony Monday,
Guwesc said he is 27, came TO this
country when he was 12 and that his
parents still live in Poland. lie nd
mItted serving terms in three peniten
tiarles.
He said Aughe seized him by the
shoulder while he was backing out
Of the drug store at Sixteenth and
William streets. holding other detec
tives in the store at bay. that he
swung around mt Aughe and that his
revolver was discharged accidentally.