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About The Omaha morning bee. (Omaha [Neb.]) 1922-1927 | View Entire Issue (Feb. 10, 1923)
The Omaha C orning _;ee _ VOL. 62—NO. 204. Si'S.? " 'o^uSST *1tMVi "&£■ OMAHA, SATURDAY, FEBRUARY 10, 1923.*- M.11 .j1, X,nZ TWQ CENT8 , 47 Bodies Taken From Two Mines Ninety-Nine Still Believed En tombed in Workings at Daw son, N. M.—Death Toll in Canada Placed at 34. Cause of Blasts Mystery Dawson, N. M„ Feb. 9.—OP)—A total of 21 bodies had been removed from mine No. 1 of the Phelps-Dodge cor poration, where an explosion en tombed 122 workers Thursday, up to 5 this afternoon. At that hour rescue crews working in the south side tunnels of the prop erty declared that four men still were alive in the mine and were trying to make their way to the mine entrance without lights Mine company offi cials declared they were dubious that the four men were alive, but rescue parties entered the mines in an effort to assist the entombed men to find their way to the pit head. A resume of the day’s developments showed two miners alive, 21 bodies recovered and 99 men still within the workings. The rescue work is under direction of W. F. Murray, safety engineer, and the workers include the home -rescue crew of the Phelps-Dodge corporation and the rescue crew of the Colorado Fuel and Iron company. A first aid station has been estab lished in the check house adjoining the mine, and the rescue- workers are here given food and rest. Killed by Concussion. Tlic victims of the explosion whose bodies have fleen recovered, show few bruise^ or marks, according to physicians. Undertakers declare the men apparently were killed by the concussion of 'the explosion. The majority of the workmen em ployed in the mine were Mexicans and Italians. Among the victims is Albert Eng lish, jr., a mine foreman, who is be lieved to have perished when the blast occurred. His father, Albert English, sr., was employed on the ‘same-shift and the body of the elder English has been found by rescue crews. A throng of more than 290 men and women gathered near the main entry of the mine to watch for word from the inside. To facilitate progress of the work of rescue, mine officials roped off the tracks and entrance to the min*. ✓ Cause of Blast Mystery. Officials in charge of operations in the mine when the explosion occurred wore wholly at a loss to explain the cause of tins explosion this after noon. The detonation came without warning. A huge tongue of riamc and smoke shot forth from the mouth of the entry, which is located on the’side of a fairly steep hill, three miles from the center of DawAon. Mine No. 1 consists of one long shaft which extends into the moun tain for two miles. The main entry is intersected by crosscuts. The en tire mine is ventilated by a huge fan system. While it was impossible to drive air in\o the mine against the immense volume of gas and smoke is suing from the working for about 15 minutes after the blast, the fan “vstem continued to work and fresh air soon was dxv.en into the shaft. Within five minutes after the ex plosion, the word had spread through out the camp and friends and rela tives of the entombed men rushed to the scene. The first bodies found were those of a motorman and a nipper. Their bodies were found lying 1.809 feet in front of the entry where they ap parently bad been working when the explosion occurred. Death Toll in Canadian Explosion Placed at 34 Cumberland, E. O.—the death toll in Thursday night's explosion in No. 4 mine at the Canadian oolleries (Dunsmuire) ltd., two miles from here, was definitely placed at 14 white miners and 20 Chinese in a statement issued by mine officials here this afternoon. Twenty-six bodies had been brought to the surface. Seven men, brought to the mine (Torn to Puce Seven. Column Five.) Denver Man Is Arrested in Mint Robbery Mystery Denver, Feb. 9.—Otto Schultz, pro prietor of a soft drink parlor in l^envcr. was charged with being an accessory to the $200,000 robbery of a federal reserve truck In front of the Denver mint. In an Information filed in the United Htateqf district court to day. -The robbery occurred December 18 last and cost the lives of one of the bandits and a federal reserve hank guard. Schultz was arrested January 17 last and admitted, ac cording to the police, that he pur chased the Rlekenbackcr ear supposed to have been used by the bandits. Curfew Law Is Revived by Officials at Hebron Hebron, Neb., Feb. 9.—(Special.*— Uurfew will ring in Hebron in the future, sny Mnyor Royes and the <ity council. An old ordinance requiring all children to be at their homes after H In the winter and 9 in the summer months is to be strictly enforced. To sld In Its enforcement, the old fire bell will be mounted on the new tire siren tower and curfew will ring at the stated hours. Major General Crowder Named Ambassador to Cuba Washington. Feb. 9.—MaJ. Den. I lunch II. Crowder was nominated by • ’resident Harding today to tie am bassadpr to Cuba. Woman Pharmacist Heads Association f1 ■ T.- __ ,■■■*—» i'ft sx3ian e A-Ptc Miss Mario A. Pit-singer, a pharma cist of New Prague, Minn., lias just been elected president of the Minne sota Hoard of Pharmacy, the first woman* thus honored in the United States. She has also been named as delegate to the United States pharma copoeia convention for 1920-1930. British War Debt Settlement Plan Passed bv House J One Republican Joins 43 Democrats in Opposing the Agreement—Final \ ote Is 291 to 43. Washington, Feb. 9.—(A*)—Approval of the British debt settlement agn»e rhent was voted late today by the j house, 291 to 44. One republican, McCormick of Mon tana, and 43 democrats opposed the settlement, while 227 republicans. 63 . democrats and one socialist member, ' Myer London of New York, Coted j for it. Democrats opposing the settlement were: I Abernathy and Hammer, North | Carolina; Almoo, Bowling and Stegall. ; Alabama; Blanton, Box, Garrett, Hud ' speth, Jones, Mansfield and Sanders. Texas; Brand and Laiftford, Georgia; i Carew, Cullen, Meade and Hiordan, I New York: Collier, Collins, Lowrey, Johnson. Quinn and Rankin. Missis sippi; Oldfield. Parks Taylor. Till man and Wingo, Arkansas; Dominick, ( Logan and MeSwain, South Carolina; Favrot, O’Connor and Sandlin. Louisl 1 nna; Johnson, Rouse and Thomas, : Kentucky; Rainey and Sabath, Hit ! nobs; Raker, California; Gallivan, Massachusetts, and Smtthwick, Flu ! rlda. „ Vote on Amendment. The hou»" vote was on an amend ment to the existing funding statute, which not only would specifically ap prove tho agreement with the British government, but would authorize the American debt commission to make settlements "similar, but not more fa vorable, in terms," with tho other debtor nations. The amendment will lie formally transmitted to tho senate Saturday and immediate consideration by tho finance committee it planned. The time of senate action, however, still is problematical. There was no effort In the house to ■hUnch a soldiers' 1k>iius rider to tho bill gnd attempts to amend it other wise foiled. Amid some jeers and laughter, the house voted down a motion by Repre sentative O'Connor, democrat, Texas, to recommit the legislation with In structions to the ways and means committee to add a provision that the measure could not become effective until tho Hay-I’aluncefote treaty deal ing with 'he Panama canal had been abrogated. Fordne.v Calls lor \ ole. Chairman Fordney of tho commit tee, who had charge of the bill for the majority, then called for the final vote, asking for a roll call to show the world, as he expressed It, "that the American congress is practically a unit behind the debt commission in this settlement. Representatives Burton, republican, Ohio, a member of the American «om inlsslon, and Garrett of Tenessee, the democratic, leader, took the lead In supporting tho British settlement, whllo Representatives Collier of Mis sissippi, nnd Oldfield, Arkansas, democrats on the ways nnd means committee, led the fight for the op ponent^ $500,000 High School I Dedicated at Norfolk Norfolk, Neb., Keb. 9.—Special.)— Norfolk's new KiOO.OOO high school building, xa id to ho ©n« of tho most modern school buildings In tho state, was formally dedicated today. State Superintendent John Matzen, Mayor John Friday, J. It. Gibson, president of the school hoard, nnd ftev. J. II. Anfrcxx worn the xpeukers. A due* play nnd brisket hall games between Norfolk, Schuyler nnd Pierce wero on tho nil-day nnd evening program. Plan (.hurcli Conference. North leiiip, Neb., Fell, 11- (Special.) —In preparation for the 121st. anni versary of tho Seventh Day Baptist conference, which will mot with the North Roup church in August, the ■singers of that denomination have ar ranged both a women's and men's chorus. i * Creamery C4UUI i UIUtT, - oy VifliiiPn Surrender 1,936 Shares of Alamito Dairy Company. Defendants to ■ - ^ . - — Leroy Corliss, former president of the now defunct Waterloo Creamery Company, was ordered yesterday to turn over to Herbert Daniel, receiver, 1,076 shares of the preferred and 860 shares of the common stock of the Alamito Dairy company, of a par value of $100 each, or a total of $193,600. The order was made after an all day hearing, in which it developed that the assets of the defunct com pany had disappeared so that the re ceiver has been able to get hold of almost nothing of value. After making the order. Judge Woodrough refused a request of Cor liss’ attorney, David Fitch, that he name a supersedeas bond for appeal. The only possible recourse of Corliss is to get an order of injunction from the court of appeals. His attorney said he will take steps at once to do this. Ctfrliss testified that the stock h.yl been turned over to him as trustee for several creditors of the company whose claims he had guaranteed. Evidence Shows N'o Meeting. He exhibited a resolution which he said was passed by the company di rectors January 12. 1921. turning over the stock to him. W. C. Fraser, at torney for the receiver, exhibited the minute book of the corporation which shows no meeting held on January 12, 1921. There is no entry in the book at all on that date. The judge also ordered Corliss not to vote the 1,941 shares of stock at the annual meeting of the Alamito Dairy company, February 20. Company Making Money. Corliss said the company is now making money, but Is not paying divi dends. Daniel testified the only stock lie has received from Ilia defunct com pany's assets Is 83 shares In concerns 1 of very doubtful value. Bert Corliss, brother of Leroy, and 1 also indicted In connection with the promotion «f the company, testified i that he received 30 shares of Alamito stock for services rendered, but has disposed of It. He admitted that his brother has one of the many unaccounted for Waterloo automobiles, a Ford, which he said he took In lieu of 4110 due him from the company. At the morning session Leroy Cor-I li«s testified that he did not know j what had become of $76,000 worth of automobiles owned by the company. The receiver has not found a single one. H. A. O'Hara, an accountant, tes tified lie found many books missing when he tried to make an audit. The mising books he said Included the per sonal accounts of Leroy Corliss. Kennedy to Preside. Federal JujJge Thomas B. Kennedy will preside ovey the trial of I.eroy Corliss and 19 other persons involved in the Waterloo Creamery case. In stead of Judge Woodrough. The case will liegin Monday. The defendants filed nn objection to Judge Woodrough yesterday on the ground that ho would be prejudiced in the criminal case, through hearing a number of civil actions in the same case. United States Attorney Klnsler, scenting an attempt to delay the trial, communicated with Washington and then got Judge Kennedy by telephone In Cheyenne. Judge Kennedy con sented to come and the lag criminal case m^I go to trial as scheduled Judge Woodrough may go to Salt Lake City next week to try a case. Arizona House Approves Colorado River Compart Phoenix. Arlz., Feb. 9 —The house of representatives of the Arizona legislature, In committee of the whole, today voted for ratification of the Colorado river compact, with reserva tions. A debate preceded the vote in which It was declared that the reservations would Ire fatal to iho part and c barged that many of those who supported the reservations were in reality work ing to defeat the treaSy. Senator Norris Withdraws Muscle Shoals Amendment Washington. Feb. 9.— Hollaring there was no hope of obtaining the necessary votes so long as "udharant* of the Ford proposal” opposed hint, Senator Norris, republican. Nebraska, today withdrew his amendment to the lirvny hill appropriating $2,000,000 for i completion of nitrate plant No. 1 at Muscle Shoals. Ala Rond Klection Asked. Norfolk. Nob., Fob. Ik—(Hperlnl.)— Norfolk will vote on $100,000 bond* for a new' city hall on April n, it was announced heir, when petition* fully signed asking tho council to rail the i election were filed. Stillmans' ISamcs Ihoii/tcrf Oat of Social Register New York, Fob. II.—Tho million of Mr. mill ,Mr*. .Imucn A. Mlllmmi limo boon iimiKcil from tlm mill norlnl rogbifor of Now York. Tub IMiorn of tin* roginlrr nnlil rllglhMily of llioso IIkIoiI niu pnosoil upon by n committor, but ilnllncn lo nnmn tIan rnmmlllH. Tho Mlllumis' iiiimrn appeared in (bo 1972 register. M. R. Murphy, Cudahy Manager, Is Stricken M. R. Murphy, general manager of the Cudahy Packing company in ^ oaha, was suddenly stricken ill in-l * office in South Omaha shortly r noon yesterday and was remov M St. Catherine hospital. He was talking With a business as sociate when lie became suddenly faint. A physician was called, who ordered his removal to Ihe hospital. Dr. T. JL. Dwyer. In charge of the case, stated that the illness luis not been diagnosed. A consultation of physicians was held at tho hospltHl. Mr. Murphy had just returned from a trip to Chicago. Troops Called to Guard Confessed Slayer of Eight Crimes That Have Baffled Of ficers for Year Cleared by Confession of .. Prisoner. Waco. Tex., Feb. 9.—IaivuI istlice and the Waco national guardsmen were being mobilized this afternoon to defend the county jail in event an attempt is made to get Roy Mitchell, alleged confessor to eight murders. Rumors of th« forming of a mob reached the authorities. Waco. Tex., Feb. !>.—A series of crimes which have baffled officers here for the past year were cleared today by the alleged confession of Hoy Mitchell to having committed eight murders, three assaults to murder and a number of attacks tgi women from February 12, 1922, to January 19, 1923, according to Sheriff Hesiie StegaH and County Attorney C. H. Farmer. The slayings said to have been con fessed to by Mitchell follow: Murder of W. II. Barker and wife and Homer Turk at Concord, Feb ruary 12, 1922. — W. P. Driskell, May 7. 1922. HarreL Bolton, May 25, 1922. Grady Skipworth, November 20, 1922. W. E. Holt and Mrs. Ethel Dene camp, January 19, 1923. Women's Escorts Killed. Three women were a vaulted when their escorts were killed, two of the women having been subjected to two ( assaults, according to the alleged con fession. The confession was made to the sheriff and county prosecutor last ! night, put in writing and signed by Mitchell. V Two men wore tried and convicted for the slaying of Mr. and Mrs. Barker, and Turk, the killing of whrm Mitchell confessed. One of these. Cooper Johnson, was ff.-rn the death penalty, anti the other, Bennie Young, | Ufa Imprisonment. The; eases sro I now on appeal. Another man has brer, killed for a ! crime to which Mitchell is said to have confessed. When Harrel Bolton was killed his girl companion was assault ed. A man was later Identified by the young woman ami was shot, by the girl's father. A mob then burmd the body. Shool s Couple. On May 17, 1922, Mitchell con fessed he shot a man and woman who were driving in .Cameron Park, but was frightened away and both re covered. Early in January, 1923, he held up a couple In South Waco, forced the man to leave the car and driving to a secluded spot, assaulted the woman. Mitchell said lie was hidden behind a puvillion when Grady Skipworth and a young woman drove up near Dover's Je*np on November 2*). He watched them a few minutes, then went around hock of the car as Skip worth got out on the ground. iTe shot and killed the hoy and dragged his tody to the rhff and threw it over. He said lie then atlaeked the girl. He says he did not throw her off the cliff ns the girl has claimed, hut that she ran off trying to escape. Describes I inutile Murder. Mitchell raid ho saw Holt and Mrs. Den scamp drive out inti* a cross i id • n the night of January 19 nipl fol lowed them. When he came upon them ho shot Holt and entering the car drove to the spoil where l*>th bodies were found and after assaulting the woman twice shot her to death. He drove to town, hut thinking that die had he*t go buck and conceal the body of Holt, drove hark to the scene of the first attack. Hi* had difficulty finding the biwfv, but succeeded and dragging It to tin- place where he had left the woman placed It beside her ami returned to town, parking Holt's car almost In the center of the bust* nys* district, win r* It was found the next day. Mitchell will be kept in the Jail here. —.—7" T -;;,7 Grand Island Man Killrd Vi lion Hit hv I’ilo Driver I * Ravenna, Neb.. Feb. 9.—(Special.) — | C bar lea A. Rustler of Urand Island, an employe of n lluriington bridge gang, was instantly killed here today whhn struck by a ton and n half i plledriver on which be was working, lie was adjusting tin* machinery utul .‘Upped on the Ice In the river and fell across the p||r Jtist a* the ham 1 met* started to descend. Fellow work j men attempted to cho» k (be f ill of i the hammer In vain. Hustler baa a j wife living in (Jrand Island. tfherlfT I’nrr took charge «*f the laxly nml an Inquest Will he hell War Department Hnd|{rl Kill 1'aMKi‘d l»y Srnato Washington, t*Yli ** Tim Mat tit ulnr irppropiliilliin Mil of tlio preacut | H-mton i.f roiijrn. flip NVor ilnpnrt nvnt hiHlftrt. hkki>*K»«p<k t'H». . I. i ooo, was p:i.M 11 t(Hlo> hv I In* nrn:iI v nnd aent to i-oiif.’i >m-.*. “Would You Like Another Cup, Warren?” r -:-- i ♦ Irish Rebels Reject Peace Republican Leaders Decline to Knter Negotiations to Knd Strife. Isindon, Feb. 9.—illy A. I*.I—The Irish rebels have declined to enter inln peace negotiations, according to a Press association dispatch from Dub lin Dublin. Fell. 9.—JBy A. P.)—JIop«i for a reconciliation between the Irish free sta^i government ami at least an apparent :<art of tin- republican elr ment w* re brighter today In conse quence of the developments That led Richard MuP ihy, the minister of de fense, to offer amnesty to, "all In arm* against the government, who will surrender their arms on or before February 13." The minister's proclamation was the result of Liam ] Jessy's appeal to other republican leaders to lay down their arms, as he himself has con "anted to do. Urssr has been sen tenced to death. A few days ago he signed an agreement for the surren der arms and men. and was then permitted to nslt several prominent ro ptihliean* to take a similar step. William Cosgrave. president of the Dail ufreann. left for London last night. His visit is reported to have considerable political significance. London, Feb. 9 —<By A. P>—Prcsl dent Cosgrove of the Irish free state government, Patrick Hogan, the (min ister of agriculture, and Hugh' Ken nedy, the government's legal adviser, arrived here today. It Is understood, sivi tin- Kxi-hangs 'Telegraph* that tfiey ‘are her*- to consult with the British government on financial rela tions between Kngland Ireland. Former Italian \mliassador to Tokio Killed Ncar'Speiia I.ondun. Feb -Huron «'arlo AU otll, former Italian ambassador at To kio. was killed, according to an Kx rhang» Telegraph dlapatrh from Home, while motoring near Spexla yesterday. llaron Aliottl was once attached to the Italian embassy at Washington and In 1920 was mentioned as the protiahlr Miceessor to Baron Aver Sana, the Italian ambassador at Wash ington. Union Aliotti s wife was Knglish and i elated to former Premier As quith. Mail (»i \ en 12 Fife Sentence* in Prison Loti Angel©*. K©b. 9. Two Ilf© *©n* ten©©* in San Quentin penitentiary v. n o Impost tf upon Th*una« (KaO M< Tkjnuld by Judge Sidney N. Krev© In tli© jm perl or court. On© wan for participation in th© robbery of employe* of the Standard fill company of 933,000 and th© other for participation in th© robbery of a ©nlthrtor for a chain of grocery *toren of $1,400. McPonald wan nrr©*t©d In Minn© fitpnli* *< vernl Week* ago. (ihief of llnss (Juirch in Poland WusMiulcd Wat aaw, Kcb. 9 (Hy A. TM—Th© • hi' f of th© HufMan church in l*o land, tli© Mwtroptdltnn <i©"tg»\ wit* uNMtiMfdnated hint night bv the Hum Finn monk. Smarngd. The im*n»*iu belonged to a group of clrry ©Inch opposed the Metropolitan luvnu*© of the latter * pro IVilith policy. -X Jud^e Claiborne P Dies of Apoplexy Attorney an<l Former Newspa per Man Stricken in Office of Mayor Dahlman. Judge II It. Claiborne. 50, attorney, j former justice of the peace and news paper man. died at 6:45 last evening in Clarkson hospital. He was stricken wiih apoplexy at 4:15 In the office of Mayor James C. Dahlman. . Mr. Claiborne had law offices lb the Paxton block. He formerly was a reporter and later day telegraph editor Of The Omaha ltee. He left news paper work In ISOS to accept a posi tion in the office of the clerk of dis trict court, where he remained until elected Justice, a year later. Since then he engaged in the practice of law, * Mr. Claiig>rne was a printer by trade. He learned printing under his father, who was a publisher at Platts mouth. Neb. aiH| it was his first oc cupation when he came to Omaha. He was a reporter for five y.ears be fore he took a desk Job. Mr. Claiborne was born in Missouri, lie is survived by his wife, who. with her hr iher, Carl Newport, was at his bedside when he died. Day's Activities 0 in W ashington c MaJ. C»n Knoeh H. Crowder was nominated to be ambassador to C ilia. The senate passed and sent to con ference the army bill. Ole last of the annual supply measures, and Imme diately rtsumed consideration of the shipping bill. The Nicaraguan Inlerooeanie canal project was declared at the White House to be out of the question at present because of prohibitive eou | structlon costs. Kxiwndlture of myre than JjO.OOO, .000 in 19 cities for suitable quarters I for government activities was (recom mended to eongri ss by Secretary Mel I Ion and Postmaster tleneral Work. Tl«<> house immigration committee teported « bill for restricting lmiiil-< srntlon from all countries to 1 per cent of Ihelr nationals resident in the United States under the census of ‘ 1 S90. Kxtension of the benefit* of the war risk Insurance and vocational Sehubllltatlon acts to veterans of nil wars was urgsd by Antonio P. lav jtengn, national commander of the United Spanish War Veterans, at a hearing before the house commerce ; committee. » Tin Intel state Commerce commis sion announced it would investigate ‘practices of anthracite carrying rail loads in distribution of coal to de II • inline whether they a re fair and whether jwjorlty orders or embargoes are m'< essnry to Insure just distrllui lion. Secretary Hughes informed Chair man Lodge of the senate foreign rela tions committee that he could give no more Information to the committee on the reparation* question at this time. This is interpreted as a virtual refusal to appear for oral question ing as lequested by Senator Koblnson. dcnioerol, Arkansas. Agreement at Smyrna Reached Di-pateli Report? Settlement Between Turk? ami Allied Naval Commander?. Iamdon. Feb. 9.—(By A. Pi—An agreement has been reached between the Turkish authorities in Smyrna and the allied naval cunmiandera, says ait Evthange Telegraph dispatch by way ot Constantinople. under which the status quo would be maintained pending diplomatic negotiations. I London, Feb. 9.—A report that the Turks now demand the w.thdrawal of allied w arships from ismid w vs re ceived here today* from Constantl r.ople. The entrances to Ismid and Smyrna harbors are said to have been mined. ismid. located at the hr-ad of the Gulf of Ismid, is 5« miles east of Constantinople. The British and French naval craft now at Smyrna have been instructed to renvam in the harfor. while the al lied commissioners have demanded that the Angora government counter mands its order for the departure of the ships. French Break l'p German Demonstration \\ itli Tanks r>usse!dnrf, Feb, 9.—<By A. P.)— French soldiers. aided by tanks, broke up a demonstration at Recklinghau sen yesterday. Not a allot was fired. Generally speaking, the Ruhr situa tion remains unchanged. German re sistance is even .more staunch than ever. The French report that agents front Berlin are canvassing the Ruhr villages and towns, urg.r.J the work ers to resist and strike. The mili tary authorities have decided to ar rest and put In Jail all members of the protection police who refuse to salute French officer*. Food is becoming scarcer and sugar is unobtainable here. The French plan to lift the duties for such food stuffs a* are now taxable. Xhe railroad strike Is still complete throughout the area occupied by the French. / - Former Ambassador Hurl. London. Feb. 9.—Baron Carlo Allot ill. former Italian amlxumdor at To kiogtnd once attache at Washington, who was Injured when pinned be neath an automobile near Spelxa, ^Jtaly. yesterday. Is stated In .1 Gen tr.il News dispatch from Rent*- today to have died. First reports were that the harotr was killed outr sht. Soldiers Bonus Bolts l p. Washington. Feb. " The soldiers' bonus question bobbed up again today in the senate wing of the capitol. the military affairs committee devoting nearly two hours to discussion in < \ ectttlve session of the Burwum bonus bill, after which d< .si,-11 was reached to hold another meeting tomorrow. The Weather Forecast. Probably snow .Saturday ■ ot ntttch change in temperature. Hourly Trippers t urev a «« * l i> a. in tl : a. m . t? • a. in. '13 l» a in . -*.1 Iff a. m .... 9.1 II a in *1 11 \ iNHin > .Ilf 1 i* m 1*1 t I*, m .... JW I r< m ...... m « I* »*» . A »* •« .... *S * l» w» . S * T |*. m .... )l > I* W lit Mathews Is Held Guilty of Murder Jury Convicts Doctor of Per forming Operation ^ hich Killed Lopetta McDermott —Two Ballots Cast. Defendant Will Appea Dr. John T. Mathews, 70, physic!** In Omaha for more than 23 years, wai convicted by a jury in district couft last night after a deliberation of-a* hour and a half. Dr. Mathews was charged with murder by performing an illegal op eration which the state alleges caus ed the death, January 3. of Loretta McDermott, 24. Bassett (N'eb.) m hool teacher. Henry Beal, county attorney, an* nouneed as soon as the verdict wa* given, that more arrests on charge* of conspiracy would follow. He would not make public the names of thos* persons, but said the arrests may bd made today. The jury retired at 5:07 after Coun ly Attorney Henry Eeal finished or.* of the most spirited arguments eve* heard in district court. Hat After First Ballot. At 6, in company with a deputy sheriff, the jurors went to the Well ington rate for dinner after they cast - one ballot. They stood then 11 to 1 for conviction.' When the jury returned from din ner they voted again, and this t:m* the ballot was unanimous for convi - tion, tlfat carries a penalty of 1 tc 10 years in the state penitentiary. This case is similar to that of Dr. Leslie Fields, now serving sentence. Dr. Mathews appeared nervous af ter Deputy District Clerk Pardee read the verdict. He trembled and then whispered to his attorney*. One Juror Holds uur. The juror the voted for a acquit tal on the first ballot was Zermatt Shear, South Side. "I did not quite understand the dy ing statement and a few other details, and for that reason I voted for a acquittal." said Shear. Attorneys for Dr. Mathews stated that they would appeal to the state supreme court. Will Appeal Case. "Certainly, we are going to wage one of the hardest legal fights to l ep Dr. Mathews out of prison," said Lloyd Magney. "because w» fee! he is i innocent- We will attempt to obia.n a new trial and If denied, we will I attempt to appeal to the state sn ■ prc-ine court" "Henry Beal moulded together one I of the best cases In the annala of the diatrl t court." said District Judge Goss. "He did some fine work and shouid be congratulated. His cloeir.ff argument was a masterpiece." eBal. who was Sit home when the verdict was returned, was well satis fied with the decision. Dr. Mathews, whose trial lasted five days, was charged with having caused the death of Loretta McDer mott. f-i year-old Bassett (Neb.) school teacher. Free During Deliberations. After Henry Beal, county attorney, finished his argument and Judge Goes gave his instructions to the jury. Dr. M ithews was taken to the sher.ffs off CO and detained for an hour until it was determined whether he cou'ij be freed while the i*< was belt g deliberated. The court allowed , Mathew* his liberty until a verdict was reached. John Wharton, or.e of the at torneys for Dr. Mathew*, wa* scored by Judge Goes after he completed hi* argument. Wharton was telling the Jury of the honesty of Mrs. Mathew* i.nd told about her testimony and of the diary in which she recorded cVer.t*. Wharton then spoke of friendship between Mrs. Mathews and the Oos* family. Mrs Mathews. Wharton told the jury, was tear herein a school at tended by a daughter of Judgc*V'tO>s a number of year* ago. Court Kebukes Attorney When Wharton finished Judge Gcvs said to the jury: "You heard Mr. Wharton's remarks about my acquaintance with a mem bey of the family of the defendant. Mr. Wharton spoke to roe about the matter the othrr day and I warned I him not to try to put that in yvMeni - and tie promised he wouldn't. In hi* real for hi* client he brought th.A out here in his argument and 1 wish , y ou to ignore any reference to it amt ) not to take it into consideration m weighing the credibility of any Wi* ness." v Ori\or W ho Han Down Boy <»nill> of Hccklt*? Drixinp, IVii C> liley, eh.mffeur, :r'. *,;Vd or n.tniiiiK down Nathan Cross. S, tn front of his hsnif, MS South Ttrcn^' ftfth street, was Annul *uihy of reek »es driving yeeterday. Judge IMneen | withheld pronoun oraien t of Oociey ? s. ntettce tint I the set; tones* of »h Iso * condition is determined. t'rmplc of Justice Fund to Ho Hclurnod to rrcasurv I tVs Moines, la . tVK 9.—-Ptvpoanlt to erect in Iowa a temple of Justin ware definitely laid at rest twta) when the senate l\\ a rote of SI to 0 passed a house bill by Store) of V Ai re n county, turn in* baeh to Wt» state tiea»ury fit 9.000 in the trntple of histico fund. Phone Your Sunday “Want” Ad toAt-LOOO: ThreeLines-Three Times-Ten Dimes