Omaha Daily Bee Newspaper, March 20, 1887, Page 5

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| t 4 THE CAPITOL COMPLETION, Uinooln Oitizons Rejoice That the Neoes- sary Money Has Been Appropriated. DOINGS IN THE DISTRICT COURT. Two Cases Disposed Of and the De- fendants Found Gailty—Unsucs cessfal Attempts at Incen- diarism—Bullding Boom. IFROM THE BEF'S LINCOLN BUREAT.| Citizens of Lincoln who have grown apprehensive of late lest the warring session should cease, sixty days and all, without making provisions for the com- pletion of the state capitol building, are breathing freer since the bill looking to- ward its completion has virtually passed the house and will soon receive favorable consideration at the hands of the senate. It was not long ago that a bill of this character would nearly have turned the city wild and made every property holder a lobbyist for the time being. Butone of the signs that Lincoln is growing into a city is illustrated by the fact that sensible citizens no longer consider an appropria- tion for a public building necessary for its lite. That the capitol building, ex- pensive as it has been and as poorly as it shows up for the money it has cost, needs completion seems to be nerally cognized by all members of the legisla- ture, regardless of locality. Conse- quently, when the bill came "up, 1t met with but little opposition in its considera- tion, The Lancaster delegation has been somewhat severely criticised by citizens for its evident delay in gétting the m ute advanced at an . earlier day, but the successful action 1n the house will undoubtedly Ilay all fears and citizens will look for a complete bulding, dome and all, be- fore another session convenes two years hence. That there will be need for the entire building as soon as it can be made ready for occupancy 18 already growing apparent. The state library 18 at the present time greatly crowded for room, and accessions to volumes are constant and iucreasing. The supreme court also has at vresent contracted quarters, and a suitable room for the session will be appreciated both by the court itself and the practicioners at its bar. Business at the state_house in all departments is growing into demands for larger quarters. IN DISTRICT COURT, ¥ The two trials of yesterday in the dis- trict court were on appeals” from lower courts, Miss Kate Coakley, who runs the St. Charles hotel, was on trial for selling liquor Sundays. This is one of the ap- veuls from the Law and Order league cases of last summer which was con- tinued at the tull term of court and was on the call the present one. The evi- dence was that on a Sunday parties pur- chased beer at the St. Charles bar; that a regular attendant was behind the bar, and that he doled out the liquid to whomsoever asked. The jury found the woman guilty as charged. & Another case given trial was the state against the drayman Waggard, who was charged by Bob ~ Reynolds, of the Funke opera house, with using violent and abusive language, coupled with oaths, on the principal sireets of the city. ‘Che trouble arose last summerat the time of the moy- ing of n safe, in which Waggard lost his temper. 7The jury heard the evidence in the ease and found him guilty, and a fine of $1.00 and custs was imposed. The present term of the district court court has been one of very meagre in- terest and only a few cases of any note whatever have been heard, either civil or criminal. ‘I'wo prisoners have been sent for short terms to the pen,and a few miner criminal cases remain to be heard. But the passing over of the case of Mrs, Shellenberger removes most of the re- maining interest. INCENDIARY WORKS. The past two nights have witnessed two attempts at incendiarism in the ver heart of the city. A combustible ol stable, filled with hay, has been selected both times as the target for the com- mencement of a conflagation. Luckily both attempts were discovered in their incipiency and no damage of any note resulted. But it has served to put the department on their guard, and Fire Warden Newbury publishes a card offer- ing $50 reward for the capture of the in- cendiary, whoever this person may be, In_the mean time it would be a good policy on the part of the council to clean out all such fire traps as the one in ques- tion. BUILDING NOTES, The National Lumber company, which last fall secured the eligible and valuable site adjoining Raymond Bros.’ wholesale establishment on O street, is busily at work with a large force of men laying the foundation walls for a four-story block that will be one of the most sub- stantial structures in the ecity. 1t is aimed to have the buildmgkoomvlutod by Junel, The Ledwith block, upon which work 18 under way at the corner of Pand Eleventh street, will be divided, the lower stories into store rooms, and the upper ones, together with two stories to be added to Mr. Ledwith's building al- ready builtand adjoining, will be divided into sleeping rooms and suits, which will be uséd as an annex to the Capital hotel. ‘This will largelysolve the rroblem o! the shortage in rooms at that hostlery. This new block is directly across the street from the hotel, and as an annex will be most convenient. The contract has been let for the con- struction of tho Burr block on the corner of O and Twelfth streets, and here will rise, it is said, the handsomest block in Lancoln. The building, above the first floor, will be devoted ontirely to office urposes. The corner room on O street Ku already been leased by a new bank. Upon the arrival of ex-Goyernor Dawes from the east, 1t is understood that Dawes & Foss will at once commence work ona four-story brick ug_on their lotson the corner of O and Sixteenth streat, MINOR EVENTS, The Lincoln Chautauqua circle, with a membershi ;n'mnt of ninety, held a largely attel session Friday evening. T r Hicks of the state umwversity, had the principal paper of the evening. The circle 18 already making actiye preparations for the summer session on the lClhmllaumxl grounds at the Crete as- sombly. A man was making inquiry yesterday in the city for the whereabouts of two valuable teams, which he alleged were stolen from him at Atlantic, Ia., a few days ago. He was led to believe that the thioves were making for the great north- west, but after careful inquiry here he rsued his journey westward with very ittle, 1f any, clue to follow, A wan who was loaded down with a n was taken up by the police yester- ay for carrying cencealed weapons, and at the morning session of q:;x;t a th o the magistrate. At the Funke opera housone 't Wednes- day and Thursday evenings will be pro- duced the play, “Shadowe of a Great g ,"" which will be the first mnuno- The Boom in Renl Estate, St Louis Globe-Democrdt, Within the pust few months the tide of speculative investment has taken a new and somewhat unexpected turn. Deal- ings in wheat, oil, pork and lard have, excepting to the professional and ama- teur operator, lost many of their attrac- tions. The great outside public whose money lent life and activity to the wheat and pork “‘pits’ in the past, are placing their capital elsewhere. Vanishing are the glory and the glamor in which the stock board has stood in the popular im- agivation, The picturesque charm which erstwhile attended transactions in ‘‘puts’’ and ‘“‘ealls' is slowly and steadily depart- ing. For eight or ten months past the transactions in real estate have increased to a surprising extent. Nor is this ex- pansion altogether confined to the west and south. It 18seen to a greater or less de- gree ail over the country. A syndi- cate of eastern capitalists = has just been formed to estublish a city in the wilderness of western Texas, as a similar syndicate recently created the city of Anniston in the wil- derness in Alabama, almost in a single night. Combinations of capitalists are also buying up lands in Florida, Tennes- see, Minnesota, Kansas, Dakota, Texas and othor states_and territories with tho like objects in view, The increased de- nand for land in and around the rapidly growing cities of the northwest, central west, southwest and south have wonder- fully raised land values in those locali- ties. KEven in the east the purchases of real estale are now larger and more active than that region has known in all its. Yrm‘mus history. There are many reasons why the public who have a little money to invesi are forsaking the produce, grain, oil and stock exchanges and placing their capital in land. 'The conspiracies on the part of bold and unscrupulous operators which in the past sent vprices of produce, grain and stocks up or down at will, irrespective of the ac- tion of the laws of trade, have made the public suspicious of all dealings and dealers in those classes of commodities and securities. It become known that the grain and prod uce quotations of to-day, for example, not only bear no well-defined relation to the world’s sup- ply and demand, either present or pros- pective, but that they afford no reliable index to the quotations for to-morrow. The most unerring judgment of values, based on years of caréful study of the changing ratios of the world's produc- tion and consumption—except to one in the ring—is as vaiueless, broadly speak- ing, i forming an estimate ot the prices this morning on the boards of trade as would be the haphazard guesses of the school-boy. TLB laws designed to establish ~ the prices of commodities should be as fixed and 1mmutable as those which prescribe the time of the esrth’s rotation, or mark the orbit of Jupiter around the sun; yet these laws are suspended at the pleasure of the freebooters ot the ex- changes. ‘‘Who enters here leaves hope behind!” This is the inscription over Dante's Inferno. Equally applicable would such an inscription” be over the entrances to the grain, produce and stock infernos of our great speculative centers, as well as over those of their annexes which are found in every city or thriving village of the countr{. There is something well defined and substantial in land values. It is true prices of real estate are sometimes run up to rutes at which they cannot perma- nently be held. But such fictitious val- uations are to some extent inseparable from all commercial transactions. The instinet which impels a flock of shecp to follow their leader even into danger, and then to desert him iz a panic when peril becomes actually mmminent and unavoidable, is ~ an impulse from which mankind is not altogether exempt. The tendency which constrains large numbers of men to set higher values on their land than the con- ditions of the market warrant, simply be- cause a few other men do so who do not care to sell, is a phenomenon with which society has become somewhat familiar. But compared with the fortunes which have been swallowed up in the maelstrom of grain and stock speculation, the losses :)y‘ ';qvervnluauon of real estate have been rifling. The tendency which manifests itself in investments in lands is an encouraging sign of the times. It indicates that there is a larger amount of capital in the coun- try than was ever kuown before, and that the people are enjoying a prosperity altogether unpexampled in their previous history. It indicates also that the money lost by the people in the pork corners, wheat crashes and railroad bubbles has not been entirely wasted, and that the power for evil which has been for years exerted over the public by the corsairs of the grain pit and the stock board has almost reached the vanishing point. el Queer Things About Money. A woman who bought an old-fashioned buresu at a second-hand store in Cincin- nati discovered a secret drawer in it which contained $1,800 in gold and old bank bills. Money was soscarce in certain counties of southwestern Texas during the earlier -part of the winter that in some instances the skins of javelina hogs were used ns a circulating medium, and ‘Yu“um skins were frequently offered in liquidation of grocery bills, "Squire Royal, the tax-collector of Tay lor county, Pa.,to0k out a well-worn over- cot to sell to an old-clothes man a few days ago, and found $190 in bills rolled up in a sheet of note paper. The 'squire is confident that the money is his own, but he has no recollection of having placed 1t in the pocket. Jobn Monroe, & young man living with his widowed sister in the northern part of Georgia, was digging a hole for a otato bin in his cellar the other day,when his spade broke open a jar contaming $1,480 in gold. The coin had been buried by his sister’s husband during the war and subsequently forgotten. A young farmer in Des Moines county. Towa, who had saved up #200 in bank bills, wrapped a piece of paper around them and stuck the roll up the echimney in his bedroom for safe- keeping. One cold afternoon his mother put a stove in the room and built a rousing fire in it, and when the young man returned to supper only the charred remnants of the notes could be found. Some months ago a lady living in But- ler, Ga., through fear of the depredation of tramps, put $110 in bank notes in a pasteboar x and buried it in the yard near the woodpile. Last week she went out to get it, and found that box and bills had been badly mutilated by wood-lice. She has sent the notes to the bunks which issued them for redemption. The pet cat belonging to Mrs. Lucy Cain, of Hannibal, Mo., brought a mouse into the parlor recently, and with it a small piece of paper money. Mrs, Cain Lhonluhz nothing about the oceurrence until one day last week, when she dis- covered that a roll of bills was missing from her bureau drawer. ~Then she put two and two toiuthar and began a vigor- ous search of the premises, The miss- ing bills were finally unearthed in a corner of the cellar, where a colony of mice had made a nest of them. sl g T An ltalian Cutting. Giavauno Bianco and Pedro Flasco, two Italians living in Dago alley, near ‘Thirteenth and Leavenworth streets, be- came engaged in a drunken row last might and both of them pulled knives to slash n‘oh other, 'l‘bln: an JOHN LAUER IS A FREE MAN The Jury in the Famons Trial Find a Ver- dict of 'Not Guilty.”” SCENES IN THE COURT ROOM Lauer Bends a Telegram to His Mother—His Plans For the Fu« ture—Other Local News, Lauer Acquitted, The most important and sensational criminal case in the history of Omaha was disposed of at 9:40 o’clock lastnight, when the jury in the case of the state of Nebraska vs John W. Lauer, appeared before Judge Neville with a verdict of “‘not guilty.”” The case was given to the jury at 4 o’clock yesterday afternoon and the promptness with which a verdict was reached was a matter of very general surprise. From the beginning of the present trial the opinion was general that the prosecution would fail to con- vict the accused of the crime of murder in the first degree, for which he was in- dicted. Public interest has lessened in the case since the verdict of manslaugh- ter, which was returned at the first trial a year ago. While it was the general belief that Lauer would not be found guilty of an offense punishable by death or imprisonment for life it was hardly expected that a verdict of any kind would be reached within twenty- four hours. The fecling that the jury would disagree widely prevailed. Conse- quently, when the jury announced short] ter 9 o'clock last night that they had arrived at a verdict, there were but fow speetators in the court room, Deputy Sheriff Grebe hastily summoned Judge Neville and Lauer's attorney, Judge Thurston. When the jury filed into the court room there were present the court, the prisoner and his faithful sister, Judge Thurston and wife, the court of- ficers and a dozen or more spectators. Lauer sat by his attorney, paler than usual and decidedly nervous. He cast one glance at the jury and then faced the court and sat quietly awaiting the verdict. Judge Thurston appeared confident. Miss Lauer sat near her brother's e and faced the jury witha look of mingled fear and hope. When the court called forthe verdict the fore- man arose and announced it. The words *‘not guiity,” spoken in a low tone of voice by the foreman rang through the court room sending a thrill through every person present. A second of ovpressive silence tollowed when Judge Neville said: *‘Is this your verdict gentlemen?” “Itis,"” smd the twelve jurymen, in unison. Judge Thurston was the first to move. He grasped Lauer’s hand and congratulated him and hissister warmly, Lauer, into whose face a new colcr had srrung, turned and thanked the jury for their verdict and shook each of them by the hand. Judge Thurston also thanked them warmly for their fair ruling and the patient manner in which they had served throngh the lengthy trial. Miss Lauer wAs) the most delighted person in the room. She threw her arms around her brother's neck and kissed him and then turned to the jurymen. She shook hands with them over and over and thanked them from the fullness of her heart for giving her brother back to her, a free man. The court, after discharging the jury, joined in the congratulations. Atfer a general handshaking the audience riled out of the court room. Lauer hastened at once to the telegraph office to wire the glad news to his aged mother in Cleveland. To a BEE reporter’s query as to how he felt and what he groposed to do, he replied that he felt hke a man who had jusuce done him. A great load had been' lifted from him, although he had felt along that in & fair trial he would be acquitted. He said he would remain in the city until he ceuld settic n‘) his business and then he would probably go to Cleveland, where his mother lives, and make that city his home. He was profuse in his expressiens of gratitude to his counsel who have labored so zealously in his defense. He also spoke of his appreciation of the fair treatment he had'reccived at the hands of the press during the trial just closed. Immediately after the jury had the case in their hands yesterday™ an infor- mal ballot was faken resulting, 7 for acquittal and 5 for conviction. The first formal ballot = resulted the same. Un the second ballot one of the jury- men went over to the side of the defense, making it 8 to4 in favor of the accused. On the third ballot ten men voted for acquittal and two for conviction. After A fienurul discussion of the case a fourth ballot was taken, a few minutes after 0 o'clock, resulting in a unanimous vote for the acquittal of the accused. When the jurymen were discharged they sep- arated, most of them going directly to their homes. Jack Goodman, of Water loo, and J. T. Pilant, of Jeflerson pre- cinct, remained in the jury room all night and will leave for their homes this morning. The Closing Scenes. The Lauer trial came to a conclusion at 3:30 yvesterday afternoon. About 3 o'clock General “Cowin concluded his masterly argument. The judge then read his clmrfie to the jury and the twelve men filed out of the chamber to their private room to decide the fate of the man who has been on trial for his life, The court room during the after- noon, as indeed rlurin% the morning, was fairly gnmumd. he gentler sex composed the larger element of the throng. Long after the jury had gone out the crowd remained in the room, hoping for a speedy return of the verdict. The hands on the great clock over the clerk’s desk denoted 5 o'clock and after before the court room was fairly clear. Lauer and his devoted sister, Miss Mi- nerva Lauer, remained for an hour or two in the judge’s private apartment ad- {?ming the main court room oun the south, nly a friend or two were present. Lauer paced restlessly up and down the room with his hands folded behind him, now and then nloppingrl.o exchange a word with his sister. The latter, who from beginning to end has been the staunchest friend her brother has had, has changed terribly since the first day of the second trial. Her cheeks have be- come paler and thinner, the dark circles about her eyes deeper and darker. Dur- ing the last few hours of the trial she has broken down vyisibly and the pained look upon her face would deepen into one of terrible intensity as the counsel for the state, General Cowin, would turn to the accused and launch upon his head some scathing invective or fearful arraignment. Her touching devotion has won many lymfiuthleo. not only for herself, but for her brother. GENERAL COWIN CONCLUDES. In speuking of the conduct of Lauer, ju:& atter he had shot his wife, the speaker suid: ‘‘For the sake of nity and our good ul:? I nope stato will never be called upon again to rtocmnh a case of suchinfamous atroc- ity. But we are told that s murderer cannot Tl the of victim. so? mn& experi- otice that wo have! Whay do all scoounts this commu- every day of the'opening of trunks at the railway stations and finding the BODUES OF HUMAN VICTIMS concesled in them. Gentlemen of the jury, the man who has muvd- ered his' wife has been known to cut the body up dnd burn it. The man who has murdered is wife has been known to put the body in a sack and drag it to the river andput stones in and sink it. A man who has murdered his wife has boen known to bur{ it; a man who has murdered his wife hus been known to hide the body inthe wood-pile and the woman who poisoned her husband to death has been known to dress him for the fun- eral. We are told here that this man, after a jury at the last trial had fonnd a verdiet of manslaughter, made appl tion for a new trial. Why should he | done that when he might have got off with ten years? Why should he go through azother trial with the prejudice, with public opinion commanding his con viction? (Gentlemen of the jury, the filin, of a motion for a new trialin a case o conviction is just as regular as the the plea at the bar of not guilty in a eriminal case. I will vemture to say, gentlemen of the jury, that had these gentlemen supposed for one moment that a new trinl would have beeen granted, that that motion would have been tiled; but it was granted and granted quickly. Why it is not for me to say, but it is enough that he has been held here since for murdar without the benefit of bail. do not not know that I ought to keep you here any longer, only possibly to re- fer to this one matter in regard to the manner in which Mr. Lauer kept his house at the time of this killing and for ime before in regard to the door The doors leading out of th 1pied by himselt and wife ha fastening on them. For what purpo was this? Why he says to protect hi from burglars, and wnen he w house that night the door leading into the hall was fastened, The door leading into the kitchen was fastened, and all the doors leading out of that room: were fas- tened,but the front door was not fasten: was under the mat. Thisis guard aganst burglars, Miss Minerva Lauer swe that that was where it was generally st—under the mat at the front door, and yet this fastening was for the purpose of protecting him from burglars, If this was protection inst burglars, where do you suppose that these two burglars talking together in the room came from? Now, gentlemen, I don't know as I ought to take your time any longer; I submit this case to you, and in a few min- uvtes it will be 1n your hands. _We call upon you to do_your duty. You n return g verdict_into this court of not ouilty; it is in your power to do it. othing can stop your doing it 1f you will, but you will put an endorse- ment on that verdict that can never be erased; that verd will be endorsed AS A LICENSE TO MURDER. 1f it be true that I can escape the killing of a human being by saying, ‘I took him for a burgiar,’ then my victim is in my power: Isleepin the same room with him; I'send him out of doors; he comes back again, I firc at him, I tell the neigh- bors and publie, I took him for a burglar. John W. Lauer,” if you took her for a burglar, how eame that stove in that con- dition at 2 o'elock in the morning? If you took her, for. a burglar, how came the burglars to be talking to each other at2 o'clock in the morning? If you took her for a burglar, how came her hair to be disheveled; and down over her bod at 2 o’clock inthe:morning? If you tool her fora burglar, if it was so durk you could not see her, how came she to be talking out in the other room to the bird or otherwise at 2 o’clock in the morning? Did she not in the dark? It you took her for a burglar,show do you find her hair disheveled and hairpins in different parts of it and on her left hand a cut ncross the thumb madé with a needle or a pin freshly made? How comes it that all these are true? Alll have to do i8s to say, ‘I took her for a burglar HOW CAME IT. How is 1t thata woman just rislnfz from a bed, but a moment before 1t is claimed mturninfi to the bed is found in this con- dition, hair down, hairpins scattered through, thumb cut and the blood in five minutes flowing so freely as to have stained pearly thirteen inches on either side of her head or nearly three feet over the carpet? Does the blood flow as freely as that from a quiet body, or is it after there has been a struggle and in the ex- citement?® Isit after she has probably said, ‘L have thought I would live with you1f you killed me but I can- not stand ‘this torture. Either kill me or 1 must go; kiil me or I must leaye you; and, do you suppose, knowing John W. Lauer a8 you do, do you suppose if John W. Lauer contemplated a separa- tion with his wife, of her mnkln% an ap- plication for a divorce, coming into this court and telling the story of her wrongs, do you believe for a moment, thinking of that, thinking further that she might marry again, that she might take that husband into the house that he guve her which was her‘i)ropertv. with respect to which she could defy him, do you sur» , knowing him as you do, that he would not have killed her rather than to have her do it? It is said that you are now going home and Mr, Thurston says, I have a little girl that I am going home to see, and I want to tell her that I havé done my duty. When he tells her that I want him to tell the story of Sallie Lauer, Gentlemen, you have families, some of you have wives, some of you have daugh- ters, some of you have sisters, and some of you have mothers. 1wantyou gentle- men of the jury after you taik this mat- ter over say my friend” Thurston hassaid 1 wnnt{ou when you returnto this court room after you have returned your ver- dict here to go to your hmil'y. talk to your mother, talk to your wife, talk to your little children and tell them the story of Sallie Lauer; tell them you first knew her as a little child in this testi- mony; tell them that you knew her when she was yet in her youth; tell them that you knew her when her father was taken away from her, and she was left without any protection other than that of° her poor old mother who was compelled to work day and night to support these two_ little daugh- ters; tell them also that Sallie Lauer from that time on was helping her mother, a cheerful, happy child; tell them further that in a fow short years that John W. Lauer, whom you nra‘;usl trying, sought and wooed her,” and afterwards they were marrieds shortly after the marriage he abused her, steuck her, gave her black eyes, brought grief and sorrow to her heart; tell them that she was found at times with a black eye; tell them that she had a cut across the bridge of her nose made by some instrument; tell them that she finally had to leave home; tell them that he beat her with a lurku{, that he struck her agdin and that finally she was taken home to her mother; teil them that further, gentlomen of the jury, that she went back to live with him’ again and that she suffered all the pangs of an ABUSED AND ACHING HEART; tellthem further that on the morning of November 21, when the moon was givin the light of heaven into those rooms, an when the state of the weather made it necessary to have a good fire there that this man arose in his bed ana heard noises, listened, looked for an object. heard voices, saw an object approaching him 1n all that )|5hl that he fired at it and that he shot her down; tell them that after he had done that that he went to er genon and found her breathing, that the blood was pulsating from her mouth; ggling for breath, tell also that he never leave & dog whose companionship you formed for hunting. Tell them, if she had not been shot fatally that she would would have died from strangulation from the position of her body and the blood left in her throat; and ‘when you have told them all this then tell themthat YOU ACQUITTED HIM, And if these little ones will rise 1n con- sternation at such a law and ask you why this was done, tell them we had some sympathy or something connected with the law called a reasonable doubt; some kind of machinery that we do not under- stand, but something that is used to pre- vent a conviction of & man guilty of such an offense, Tell them t they will wonder then, gentlemen, what is this law for; they will wonder if over twenty years ago we sacrificed a million men to natlon that had such laws as that. y will wonder why these graves are dotted, all over the south, of men that went from home, from the hills and val- leys of the north, they will wonder what all this is for, gentlémen of the jury. When they have asked you these puzzling questions, answer them if you can. cannot give you an answer. Take the case now, and Lask you, gentlemen of the jury, to pertorm your duty faithfully as you would if " you were enlisted army of the nation. I tell you that the integrity of the jury is the great bulwark of our nation; the great bulwark of our civilization and our liberty. 1f we can not punish crime here we cannot punish it atall. Then take . this case, do your duty to the cil do your duty to the public, to th iendant, do your duty to yourselves and do your duty to your God to whom you are bound by an oath in this case.” The Jud ¢e's Charge. The jml,in s charge was as follows: State vs. Lauer, L The defendent is indicted and charged thereby with the crime of murder in the first deg for shooting his wife Sallie Lauer. 2. The sttaute under whi tion is had reads as follows: *“If any person shall purposely and of deliberate and pre- meditation malice or in the perpetration or attempt to perpetrate any rape, arson, rob- bery or burglary or by administering poison causing the same to be done, Kill another, every person so offending shall be deemed Kuilty of murder in the lirst degree and upon conviction thereof shall suffer death.” 3, Our statute defines murder in the second degree as follow: “If any person shall pur- posely and maliciously but without delibera- tion and vremeditation kill anether every such person shall be deemed guilty of der in the seeond degree, and on' con thereof shall be imprisoned in the peniten- tiars not less than ten years or during life in the discretion of the court. statute defines manslaughter as fol- *1f any person shall unlawfully kill another without malice either upon a sudden quarrel or unintentionally while the slayer is in the commission of some unlawful act, every such person shall be deemed guilty of mansiaughter and upon conviction thereof shall be imprisoned in the penitentiary not N ten years nor less than one year,” You are insiructed that a defendant in a | prosecution is presumed to be inno- cent until proven guilty beyond a reasonable doubt, and before the state can justly claim a couvliction, the state must satisfy you beyond a reasonably doubt of the truth of each” ma- terial allegation in the indictment by compe- tent proof and circuwstances in the case. 6. Under our statuesthere are three grades of eriminal homicide, as follows: Murder in the first decree, murder in the second de- gree, and manslaughter, ~ And in a prosecu- tion upon an indictment for murder in the first degree, if the evidence falls to sustain such charges of murder in the first degree, you may, under such indictment, it the evi- dence shall justity, find the defendant guiity nl( cnger murder in thesecond degree or man- slaugher, 7. Murder in the first degree is defined by our statute which I have given you in my second instruction, and the definition there given 18 so plain and concise that I fear con- fusion in n!lemplh:lg further derinition. Should you find that Sallie Lauer was alive in Douglas county on the 21st day of November, 1885, that the said Sallie Lauer is now dead, that she died from an injury trom the hands of some one other than herself, that she came to her death by a wound in the l'lf!l! side of her nose, head and lower part ot her brain, inflicted by a bullet fll&clmrfifid from a pistol, and that™ the defendant dis- charged the pistol and inflicted the wound of whicn Sallie Lauer died, if you are satisfied of the truth of all the above stated facts be- yond a reasonable doubt, then it becomes your duty from the evidence to hunt for a motive and design on the part of the defendant and if you find from the evi- dence, beyong a reasonable doubt, that the defendant knew or thought, at and prior to the assault that the assaulted was Sallie Lauer, and the defendant purposely, with deliberation and premeditation, and with malice deliberate and premeditated, did the killing, then you should find the defendant guilty of murder in the tirst degree. 8. Motive is that force behind the will which prompts the willto act. It may belove of gain, selfish desire, jealously, hatred, sud- den heat of passion, or any of the various causes which move the will force. 9. To do an act purposely is to do it design- edly, intentionully and with a will. To de- liberate one must think and reflect asto what one will do or refrain from doing, and when one contemplates and so reflects upon an act, that one is said to deliberate the act; and the act may be a deliberate act, although no considerable time i3 occupled in such re- flection and deliberation; it is sufficient if there is time to reflect upon the intended deed though the time be very short, 10. To premeditate is to ‘meditate before- hand upon the intended act, and in_this ele- ment of the crime vt murder, like that of de- liberation, no considerable time is necessary for premeditation; it is sufficient if there is time to premeditate upon the intended deed, 80 that time might Intervene before the thouczht and the killing suflicient to have caused a reasonable being to see and know the wrong he 13 contemplating. 11. There is one additional element for you to consider and which must Pro ent in the defendant’s mind and act before you can find murder in the first de- fn , and that 1s malace. Malice 18 hatred; t is manifested in the mind by ill-will and a desire to injure another. Itis mostly indi- cated by threats of revenge, and the very act of killing may of itself be sufficient evidence of malice. This element nu{ be express malace; that is, it may be manifested by the language and acts of the defendant at or be- fore the time of killing so that it may_ be rruven by evidence of witnesses, 1n addi- ion to express malice there is malice pre- sumed when the act of killing is surrounded by circumstances which do not excuse the act, but the act itself shows a malignant, re- vengeful heart hent upon doing wrong. And in all cases of wilful ‘and unlawful killing where the cireninstances of such killing do not excuse the killing. the law presumes de- fendant to be possessed of the element of malice without additional proof, 12, Where the fact of the killing Is estab- lished without any explanatory circum- stances malice is presumed, and it would be murder in the second degree if the killing was purposely and unlawfully done; but if the evidenca establishes Lhe fact of deliberate and premeditated malice, then the offense 1s murder in the first degree, if the killing ‘was intentionally, purposely and unlawfully done. You are instructed ‘that a homicida may be either justitiable, excusable or felon- ious and criminal. The defendant admits the killing, and claims as a defense that it is excusable. A howmicide is excusable when one in doing a lawful act, by mere accident unfortunately kills another, You are instructed that where a party has entered the private residence ol a de- fendant in the night time with a felonious purpose ot stealing, robbing or committing any felony azaiust the defendant or his fa; ily, the defendant may shoot and kill the i tended criminal and the law justifies such Kkilling. And in this case if you are satistied that John W. Lauer honestiy beheved and firmly thought that his wite whom he saw in the room was a burglar intending or com- mitting a felony upon him or his family, and John W, Lauer under such honest convie- tion and by mislrnmhendlnz his wife for a burglar fired the fatalshot, he, the said Lauer, then and there intending to kill a burglar and pot his wife, then you must acquit, 15. If on the contrary, you are satisfied beyond a reasonable doubt that the defendant knew or believed the object he fired at was his wife Sallie Lauer, then the killing 18 not excusable, 16, Should you be satisfied beyond ‘s nuonnbhdouzt that defendant hld' reason to believe that the object he saw was Illltl burglar, and that the lbollfht came to his that 1t might be bis wi “;lll“l::: nt this prosecu- T e T e e OBt ek P S 5T 5 % 73 & OMAHA DAILY BEE: SUNDAY, MARCH 20 188'?.—TWELVE.PAGES; Yiction are reconciled with any reasonable hypothesis, other than the guiit of the defend- an or they do not sfy the mind of the Jjury beyond a reasonable doubt of the guilt of defendant, then you should acquit. 18, You are instructed that circumstantial evidence 18 legal and competent in all crim- inal cases, and if it is of such character as to excludo every reasonable h?‘m(llcsls‘ other than that the defendant is guilty, it is equally As certain and entitled to the same welght as direct testimony by word ot mouth, 19, You are the judges of the credibility to be given to witnesses, and you should, in con- sidering the weight of théir testimooy, take into consideration the manner, the interest, or want of interest of such witnesses in the case, together with the standing and bearing shown by the witnesses in their testimony. 20. Youare instrueted that if you are satistied from the evidences and circumstances in this case that any witness who has testified, has willfully and knowingly sworn falsely as to erial thing in the case, then you may ified in disregarding the whole of such witnesses testimony which is not corrober- ated by other evidence or circumstances in the case. Youare instructed that the char- acter of an accused is in law presumed to be 0od until the contrary appears from the evi- dence and_that presumption is to be taken in favorof the accused until the evidence overcomes and disapproves such character, 21, In a case of prosecution for murder in the first degree, if the jury shall be satisfied trom ~the evidence beyond a reasonable doubt that defendant purposely and inten- tiorially, unlawfully and ‘maliciously killed deceased vet, without deliberate and pre- meditated malice, the jury can find murder in the second degiee. 22, In a prosecution for murder in the first degree if the jury shall be shied bevond a reasonable doubt that defe t unlawtully Killed deceased, but without malice at all, then, 1f the evi ce s otherwise sufticient, the juiry can only tind defendant guilty of ma ghter. 23, Your are instructed that a reasonable doubt in tae meaning of the law is such a doubt as would cause a reasonable, prudent and considerate man in the graver and more important affairs of life to pause and hesitate before acting upon the truth of the matter charged. The proof is to be deemed to bo beyond a reasonable doubt when the evi- dence i flicient to impress the judgment of ordinarily prudent men with a conviction on which the; sitation in their o most important affairs ot life 24, You are instructed that if,aftera and impartial consideration of all th stanci can sav and feel that you have an abiding conviction of the guilt 'of the defendant, and are fully satistied of the truth of the charge, then you are satistied beyond a reasonaple doubi, 25, Now, gentlemen, I have discharged my duty the best I could, and the sternest re- sponsibility that _can ever rest upoa a juror is upon you. No juror s worthy to sit as such if he, by sympathy for the prisoner or {\reju(“('(! against him, permits his verdict to be shaped. You owe to the state and the de- fendant a verdict carved wholly out of the evidence and the law o Thomas Roche, representing the Furst Distillery eompany, of St. Joseph, is making a business visit to Omaha. -To Whom It Méy Concern: N OTICE is heroby given that tho undersigned will © bids until 4 o'clock p. m. on Tuesday, March 22nd, A. D. 1587, ut the offico of the City Clerk for oach of the following parcels of land, to-wit: Adjoining Lot 1, Block N. E. corner of block 247, thence south 13 foet, thence east 15 feot, thence north feet, thence wegt 16 foet to the place of boginning. Adjoining Lot 8, Block 247—Beginning at tho 8. E, corner of block 247,and thence north 132 feet, thence enst 15 feet, thonce south 132 feet, thence west 15 feet to the'place ot beginning. Adjoining Lot 4, Block 246--Becinning at the N. W, corner of biock 248, thence south 132 foot, thenco west 16 feet, thence north 132 foet, thence enst 13 feot to'the pluco of boxinning, Adjoining Lot 5, Block 216—Beginning at the .'W. corner of block 248, thence north 1 thonco west 16 feet, thence south 132 thence east 15 feet to place of beginning. No bids for an amonnt loss than the appraised value will be considered. The City Council reserves the right to reject n Tth street— 7—Bogiuning at tho any or ali bids. 166t J. B.SBOUTHARD, City Clerk. Proposals for Subsistence Stor HEADQUARTERS DEPARTMENT OF THE PLATTE, Oftico Chief Commissary of Subsistence, Omahs, Neb., February 19th, 1857, SEALED Proposuls, 1’ tripiicate, suboot to the usual conditions, will be received at thig offico until 12 o'clock 'moon, central standard time, March 21st, 1887, for furnishing and dely ering &t the subsistence storehouse, Omah on railrond curs ut or near place of manufs ture or production, the following urticle Flour for issue; vinegar, laundry “soap, family flour, lard and potatoes. 1ids will bo re’ ceived and opencd at the same tima by tho sub- sistence officers at the following named placos for such of the above articles as may be re- uired to be delivered at or near their ‘respec- tive posts and produced or manufuotired in the vicinity thereof, viz: Forts Douglas and Du Chesne, Utah: Fort McKinney, Wyo, The right is rescrved to reject any ‘or all bids. Specifications showing in detall the artioles and quantitios and giving full information will be furnished on application to this office, or to the subsistence offi At the places named. JOHN P. HAW Major and C, B FI19-21-22-20M15-19 4] To Whom It May Concern. OTICE is hereby given that the undersignea will receive blds until 4 p. m.on Tuesday, March 22nd, A. D. 1887, at the offico of the olt{ clori, for cach of the Tollowing purcels of land, o-wit: Description of a strip of land on 7th street— Adjoining Lot 8, Block 189—Beginning at the N. E. corner of block 139, thence south 132 feet, thence east 15 foot, thence north foet, thence west 15 feet to the m:ce of beginning, Awolnlnl Lot 6, Block 1! Beginning at the N. W. corner of blook 185, thence south 132 feet, t, thence north 182 foet, thenoce east 15 feet to the ;»Inne of peginning. Adjoining Lot 1, Block i106—Beginning at the N. E. corner of biock 208, thenco south 13 foet, thence east 15 foet, thence morth 132 fo thence west 15 foet to the place of beginning. Adjoining Lot 8, Block 206—Beginning at the 8. E. corner of Block 206, thenco north 13 faot, 4 h 132 feet, Adjoining Lot 4, Block_207—Bog N. W. corner of block 27, thence south 132 feet, thence west 15 feet, thence north 132 feet, thence east 15 feet to the g:nue of beginning. Adjoining Lot 5, Block 207—Beginning at the W. corner of block 207, thence north 132 feet, thenco west 15 feet, thence south 132 feet, thence east 15 feet to place of beginning. - No bids for & less amount than the appraised value will be considered. ‘The City Council reserves the right to reject a 1l bids. nnyxlgst;'t J. B. SOUTHARD, City Clerk, Notice of Registration, r'Qbe, Logal Votors of Firat District, Fittn Wurd, in the city of Omaha: Yon are hereby notifled that the undersigned will sit us registear for the First district, Fifth ward, at 1202, corner Twelfthand Cass streets, commeneing "Thursday, March #th, 1847, and will sit March 26, 28, 20, 80, 31, April 1, 2,4, at 11 o'clock . m, foF the purpose of Torisfering il qualified voters within sald First district, Fifth for the purpose of adding fo, and 1g the registration already made, and for purpose the undersigned will sit’ and keop his book of regiatration open each day thereafter (except Sundays) at the place afore- said from 11 o'clock n. m, uatil 7 o'clock p. m., until Monday, April ith, 1557, at the hour of 1§ o'clock m. when said rogistration will be closed. All qualified voters are notified to attend and see that their names are pruxbrly registered, B. WAKEFIELD, misd Rogistra: st Distriot, Notice of Registration. 0 the Logal Voters of Socond District, Fifth Ward, in the city of Omaha: You are hereby notified that the u will sit us registrar for Becond distri ward, at 913 North Sixteonth stroot, cc . ing Thursday, March_24th, 1857, at 11 o n, m. for the purpose of registering ail qualified voters within saia Second district of Fith ward and for the purposo of adding to, and correct- ing the rogistration nlrogdy made, and for such urpose the undersigncd will sit' and keop his Book of rogistration opon oach. day thoroatter (except Sundnys) at the pluce aforesaid from 11 o'clock a. m. until 7 o'clock p. m., until Monday, April 4l The7, at the hour of y when said registration will be closed. Allquni’ iflod volors aro notifled to atiand ki soe thut their names are properly registerod. properhy e REDM AN, mIsa Rogistrar 2nd District, 5th Ward, Nolice of Registration, ) the Logal Voters of First District, Sixth Ward, in the city of Omaha: You are hereby nohflml*:ll! the undersigned will it as registrar for the First distriet of the Bixth W at tho store of A, Andersou, 213 Cuming street, commencing . Thursday, , 1887, wt i1 o'clock a. m., for the pur- poss of ing all qualiied voters within said oclection district, and for the pm of ading to, and corrocting the al- ready made,and for such purpose the under signed will keep his book of ration nrn oach thereafter (exce] ul L place flsomu from 11 g“nlaolu:'n nmm o'clock . m... untl it the hour of 130’ n 'will beclosed. Al voters are notified o attend And see that their K‘{'. perly V mid Oth Ward. A CARD. TO THE PUBLIC— With the approach of spring and theincreased interest mans ifested in real estate matters, I am more than ever consult- ed by intending purchasers as to favorable opportunities for investment, and to all such would say: When putting any Proper- ty on the market, and adver- tising it as desirable, I have invariably confined myself to a plain unvarnished statement of facts, never indulging in vague promises for the future, and the result in every case has been that the expectations of purchasers were more than realized. I can refer with pleasure to Albright's Annex and Baker Place, as sample il- lustrations. Lots in the “Annex” have quadrupled in value and are still advancing, while a street car line is already building past Baker Place, adding hun- dreds of dollars to the valueof every lot. Albright’s Choice was se lected by me with the greatest care after a thorough study and with the full knowledge of its value, and I can consci— entiously say to those seeking a safe and profitable invest ment that Albright’s Choice offers chances not excelled in this market for a sure thing. Early investorshave already reaped large profits in CASH, and with the many important improvements contemplated, some of which are now under way, every lot in this splen- did addition will prove a bo- 8. nanza to first buye: Further information, plats and prices, will be cheerfully furnished. Buggies ready at all times to show property. ' Respectfully, W.G. ALBRIGHT SOLE OWNER, 218 8. 15th Street. Branch office at South Owma- ha. N.B. Property for sale inall parts of the city

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