The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1924-02-12
Haystack
Murder Is
Given Jury
Verbal Clashes Between At
torneys Feature Closing
Arguments-Criffih Is
Bitterly Assailed.
Defense Pleads Accident

room in the criminal division of the
district court. celebrating the fate
of James Griffin charged with the
haystack murder of Henry Hank
McArdle on November 23, 1928.
Frequent verbal clashes between
County Attorney Beal and Eugene
C'Sullivan. CHIEF counsel for the de
fense, featured yesterday afternoons
trial. The clashes resulted when
O'Sullivan interrupted Beal during
his closing argument.
The jury, after getting 30 instruc-
tons from District Judge Fitzgerald,
began to deliberate at $40 last night.
At 6, in charge of Bailiff Charles
Johnson. they, were taken to dinner.
Both sides rested their case yester-
day noon.
Bitterly assailing Griffin. Beal, in
his closing argument. told tho jury
that the men who burned body
os McArdle, did it only to ezeer up
the tracks of the murderer
Accident Is Contention.
"It was only an attempt to cover
Up the evidence said Beal, who ridi-
ouled what the defense contended
was an accidental shooting. with Leo
Brunson holding the gun, that caused
the Meath of his friend, McArdle.
Pleading for the electric chair for
Griffin, Beal told the jury that the
defense put up by Griffin was one
OF the most ridiculous ever heard in
criminal court.
BeaY condemned Griffin for the
story he told on the witness stand.
He stated that most of Griffin's tes-
tmony was perjury.
Griffin, discarding the smile he has
worn since the trial began week
asso. sat in a courtroom that was
crowded to its capacity and listened
to what was one of the most severe
arguments OF mans character
uttered in a criminal court in many
s''' .sm,thy.' 1. Attacked.
Both Zeal and Gross assailed Grit
IN for injection into the case of Mr..
"Smithy." to whom Griffin testified
he gave the body of McArdle to take
to Il hospital.
'They ,hara cterized this "Smithy"
= as a myth. one who has never existed
end manufactured In the mind OF
the defendant.
1t was at this point OF Beaps argu-
ment that O'Sullivan sprsng to his
feet with the cutlery that the
"smitby' idea was not conceived in
his mind. He had misunderstood the
state prosecutor but insisted that
FITZGERALD admonish Beal and instruct
the jury to disregard the statement.
The court declined.
1.-The defense, in their attempt to
tell this jury that it was an acct
dental shooting, are not giving you
The real evidence" said Beal. Men
don't burn bodies after an accident.
The men that touched a match to
that haystack wanted to keep the
Identity of the murderer secret. The
men in their stupor went to the stack
and burned McArdle.
Liquor Angle Given.
How much does the state have
TO offer? How far does the state
have to go? We have given you evil
dence beyond a reasonable doubt that
Griffin Is guilty. Several witnesses
have testified that the shortest OF the
three men fired the shot, which cor
Brunson's testimony"
Gross, in his argument. intimated
that a quarrel over Is barrels OF alco-
bol between Brunson and Gi7fkin was
the real cause Of the shooting. He
took a. shot at the sheriff's Office,
when he declared that Welter and
Banker. also charged with first de.
gree murder for the same crime, were
allowed to be confined in the same
tief In the county jail. although they
did not testify in Griffin's behalf.
Gross attacked Dwight Taylor,
owner Of the battery station In front
os which the shooting occurred. as
being a reluctant witness"
No Motive, Defense Says.
Attorneys Tom Sheehan and Eu-
pene O'Sullivan in presenting their ar
puments pointed to the fact that there
vas no dispute concerning the fact
that McArdle was shot and his body
burned in the haystack. The ques
ton for the jury to decide, they de-
clared, was to determine who fired
that shot. Their contention Is that
Griffin did not have gun, that both
Erunson and Banker had revolvers
the latter having his weapon empty
therefore Brunson did the shooting
only one shot was fired. 1t was con
coded.
They also stressed the fact that the
evidence introduced failed to reveal q
motive for the crime. They declared
that the man who put the DO Y in thu
haystack did not know the facts, ant
must have been a fly.by-nighter who
was afraid to turn a dead body oveI
to the apthorities."