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About The Omaha morning bee. (Omaha [Neb.]) 1922-1927 | View Entire Issue (Dec. 9, 1923)
y * • The Omaha Sunday Bee VOL. 58—NO. 26. W K V-if i"W OMAHA. SUNDAY MORNING, DECEMBER 9, 1923. • * FIVE CENTS 1 "~ " " 1 ” ■ 1 ■" ■——■■■■ ■ ’ , - . ■■ ■ — — ■ —■ ' ■■■■■■ —— 1 Divorce Is Followed by Big Suit Chicken Dinner King of Mil* lard Hopes to Collect From Owner of Fill ing Station. Says Wife Was “Stolen” The former wife of Louis Schmidt of Millard is the cause of a $23,000 alienation of affections suit filed in district court late yesterday by Schmidt against John I’etcra, also of Millard. Schmidt operated the Saxon inn <’n tlie main corner of Millard. Ilun reds of Omahans have eaten chicken dinners, for which the place was famed. Across the street. Peters conducted a hardware store and filling station Peters liked chicken and came often to the chicken palace. According to the petition filed by Schmidt’s attorney, Peters would signal to Mrs. Schmidt by code from the filling station and hardware store across the street, and finally, after weeks of pursuit, gained the confidence of Mrs. Schmidt and carried his attentions into her home. Their actions became the talk of the town, the petition says. Once, it is alleged, Peters and Schmidt's wife were found together at an Omaha hotel. The attentions of Petcfs became still more marked. He bribed em ployes of the chicken palace to si lence, the petition states. He took the wedding ring given Mrs. Schmidt by her husband and re placed it with a more expensive one. Peters Is a church member and head of a family, Lones says. Schmidt obtained a divorce from his wife, Lottie, last October. She now Is In Omaha. Fake Oil Stock Salesmen Here Assistant Attorney General Warns Omahans of Al *JTT"“ leged Operations. V. .1. McGuire, assistant attorney general, Saturday Issued a warning to Omahans to beware of fake oil stock salesmen who are active In the city. They are canvassing among work ing girls and laborers, according to Mr. McGuire, exhibiting glowing prospectuses of their alleged prop erties. with photographs, and selling “lots” on the instillment plan, ac cepting a down payment. These salesmen are not equipped v. Itli licenses frem the blue sky de partment. as required by law, ac cording to Mr. McGuire. Police have been asked to appre hend them, and if caught, they will be prosecuted. “In the meantime.” Mr. McGuire said, “It may save Omaha a lot of money to spread broadcast the fact that fake stock salesmen are at work. Salesmen of legitimate enterprises will have no difficulty in establishing their Identity.” Public Sick of Hokum Films, Says Elinor Glyn New York, Dec. 8.—The American public is sick of hokum In films, Elinor Glyn, novelist, declared today on sailing on the Aquitanla for Eng land. "The public,” she Aid. “is sick to death of hokum presented In many l . of the films. As long as motion plc rjhl^^tures are produced truthfully and ^Meanly the producers will prosper. If the producers continue to deal aut hunk and hokum there will be many bankruptcies In the film Industry In the near future.” Mrs. Glyn denied that film stars led easy lives and declared they often worked harder than ordinary busi ness folk. Unde Sam Signs Trade Treaty With Germany By International New* ScttIm. Washington. Dec. 8 —A new treaty of commerce, friendship and consular relationships between the United •States and Germany was signed here this afternoon. Secretary of State Hughes signed for this government and Ambassador Wledfeldt for Ger many. The treaty 1s similar to those which exist between the United States and many other countries. Charges Heard. Further hearing of the charges against Detective Joe Zlch, filed by Frank Alex. 4615 South Thirty-second street, was given by the city council Saturday, but action In the mat Ur was deferred until the return of I’nllce Commissioner Henry W. Dunn, who is out of the city. Alex alleged that Z.lch alruck him while both were In a soft drink parlor at 4627 'South Thirty-third street. zirh declared that Alex became abusive end called him names. ^ Fair Body Elect* Iowan.\ JP. Chicago, Dec. 8.--The International Association of Fair* and Kxposltlonn yesterday at the closing session of Iti 3*d annual meeting elected Thoms* H. Canfield of llanillne, Minn , presi dent. Don V. Moore of Sioux City, 1*| waa sleeted secretary treasurer. Mathers Files Candidacy Papers Lincoln, Dec. 8.—A. N. Mathers of tiering, speaker of the house during the last session of the legislature, was in Lincoln Saturday and personally tiled his acceptance as republican candidate for governor. Petitions for Mathers had been filed some time ago with the secretary of state. It is expected here by friends of Adam McMullen of Beatrice that he will enter the race soon. Rum Ring Tries to Kill Informant in 2 U. S. Prisons Attempts Made on Life of Convict, Ex-Deputy Mar shal, in Pens at Atlanta and Leavenworth. By Associated Press. Tacoma, Wash., tier. 8,—Tyree Tay lor, former deputy marshal-at Mem phis, Tenn , was granted a parole from the McNeil Island penitentiary Thanksgiving day and on the follow Ing day availing himself of govern ment transportation allowance, de parted for Tennessee, it was learned here today. Taylor had served one third of a three-year term imposed after his conviction on a charge of ac cepting bribes in connection with a whisky ring operating in the south. lie had been placed at McNeil Island following attempts upon his life both at Atlanta (Ca.) and Leavenworth (Kan.) penitentiaries, where he was first imprisoned. Taylor’s safety, even in prison, was endangered, It was understood, be cause he had turned witness for the government in the breaking up of the big rum organization with which It was shown he had been operating. This involved, it was said, a number of prominent Memphis citizens and fanned a veritable feud. Robinson, lilt. llec. S —State's At torney Charles K. Jones of Crawford county, and Henry Pant, confessed ltottlegger who charges he has paid protection money to Jones for six weeks, were arrested today by prohi bition agents and deputy United States marshals from the eastern district of Illinois under the direction of Charles \V. Bursell, prohibition group chief from East Kt. Louis, who today began a cleanup of Crawford county in the Illinois field. The agent* then began an extensive series of searches with warrants for the arrest of 35 persons. Still Untouched Oil Land in U. S. Washington, Dec. ft.—Although the United Htates rnay count In the fu ture on oil fields not yet discovered, in the opinion of David White, geological survey expert, It will begin to depend within the next five years for part of Its supply upon Imports from Irregularly Increasing foreign fields, or upon oil shale. Mr. White, testifying yesterday In the senate public lands committee's Inquiry Into the leasing of naval oil reserves, declared, however, that his prediction was "necessarily more of a phophecy than an estimate.” He was emphatic In his statement that all the oil fields In the United Htates have not been discovered. Girl, Going to Doomed Father, Dies Wish of Elizabeth Satterfield That Life End Before I' xc cution of Parent for Mur der Is Granted. News Unnerves Father IIy Associated Prm Albuquerque, N. M., Doc. 8.—Death today Interrupted tile plans of Miss Elizabeth Satterfield to see her father before he pays with his life for the murder of Ids brother-in-law at At lanta, (la. M.ss Satterfield, returning home from i/os Angelep, Cat., died to day from the effects of poison taken a few weeks ago in Dos Angeles. At the time she took poison she declared slip wanted to die before her father was executed. Her wish at that time was unful filled as Dos Angeles physicians suc ceeded in saving her life. She then undertook the journey homeward in an effort to make a personal appeal to tile governor to save the life of her1 father. She was stricken here, how e\ t-i, as a result of the poison and had been confined in a hospital for nearly a week. I Atlanta, C!a., Dec. 8.—J. Ii. Setter field, convicted slayer of his brother in-law, It. 11. Mart, and under sen tence to hang, became unnerved in his cell here today when he was in formed by his attorney that his daugh ter. Elizabeth Satterfield, had died at Albuquerque, N. M., while en route to [Atlanta to be with him. Governor Bryan Advised He Can Remove Sheriff Chief Executive lias Power to Act in Ca«» County, Let ter From Attorney Gen eral Says. By Associated Press. Lincoln, Dec. 8.—Answering Gov ernor Bryan's request for a re sume of his powers as applied to the removal of Sheriff Quinton of Cass county, Attorney General O. S. Spill man today informed the chief execu tive In a letter, that It was within his power to suspend the eheriff and to ask the attorney general to start quo warranto procedelngs. "This department stands ready to proceed at your pleasure,” the letter reads. Mr. Spillman advises that if Gov ernor Bryan finds evidence sufficient to warrant suspension of the Cass county official, he should notify the county hoard of the suspension, and if the chie£ executive desires said hoard to appoint a temporary sheriff the hoard would huve authority to make the appointment. The letter concludes with instruc tions regarding the governor's power to order the attorney general to file quo warranto proceedings against the sheriff. Clarinda Organizes for Chicken Thieves ,*>l>*rinl DUpatrh to Th* Omaha lie*. Clarinda, la.. Dpi-. 8.—Action has been taken by the Page county farm bureau by which an organization will bo perfei tod In each township of the county to abolish chicken stealing The mysterious disappearance of large flocks Is becoming common. Tho workers In each township will guarantee 8150, raised In that town ship. to lie used In paying rewards for the conviction of chicken thlkves Another General Joins Revolution in Mexico B y Ainodat^d PrtM. San Antonia, Tex , Pec. 8.—General Gstruda ban revolted against tho Obre gon government with two of the four regiment* at (iuadalajara City, according to a telegram received by (’onsul General Alejnnlro Pubbert of thin city from the noting secretary of foreign relations at Mexico City. The other two regiments remained loyal, according to the telegram. The telegrahi atated that General Figue roa baa surrendered In the state of Guerrero. He had been In revolt. ■■ ■■ 1 — Hurrah for Our Side! We do it often, but once in a while we get en thusiastic and tell ’em about it. This time Mrs. H. Neff of 2808 Capitol Ave., rented room with a Bee Want Ad in three days, after giving other papers a thorough trial. Also Mrs. .1. M. Mur taugh, 3034 Lincoln Blvd„ rented her room after a two-day try with a Bee Want Ad. They only cost 15c a, line, but they rent as many rooms in f month as there are bones in a mountain trout. Thone AT. 1000—try one and see. It’s Results That Count G.O.P. Meet Slated for Cleveland Treasurer of Republican Con vention Advises Chicago Men lo Quit Efforts to Land Convention. Coolidge Directs Choice llr Assoeiutfd l*re*n. Chicago, Dec. 8 —Declaring that the Coolidge campaign management had requested that the 1924 republican na tional convention tie held in Cleveland. Fred W. Upham, in a telegram to John lJtirke of the Congress hotel, to day advised the Chicago hotel men's delegation that expected to go to Washington to contend for the con vention next week, net to make the trip. Mr. 1 pliant, treasurer of the rrpuh* llcan national committee, who is in Washington, where a meeting is to he held next week to determine the convention, advised the Chicago Hotel association "not to waste time coming to the committee meeting" as the "Coolidge management has requested Chicago to withdraw as they wish the convention held In Cleveland.” Washington. Dec. 8.—Announce ment that the invitation from Chi cago for the republican national con vention of 1824 to he held in that city would be withdrawn was made here tonight by Fred W. Upham, treasurer of the republican national committee. The responsible administration leaders d< sired the convention to be held in Cleveland, Mr. Upham add ed. The announcement by Mr. Upham. who came here today with a delega tion of Chicago business men to urge Chicago's claims for the convention, was said by republican leaders vir tually to have assured the selection Cleveland as the convention city. Representative Burton of Ohio, leader among those urging the 'selec tion of Cleveland, when advised of the withdrawal of Chicago, said this meant definitely that the convention would go to the Ohio -oty. “Now we will go to work.” Mr. Burton said, “and pith the Cleve land spirit, make (arrangements to Insure the comfort and satisfaction of fhe delegates. It will be Cleve land's first big convention and Cleve land will do it right.” Admits He Set Fire to Buildings in Iowa Ktw York, Dec. 8.—Police of eight western cities were requested by the New York police today to Investigate t>n alleged confession by Edward Rchlott, arrested here last night, thst he had fired rooming houses and ho tels In each of them during the past nine years. Rchlott started h!s fire bug activi ties in Kansas City, Kan., In 1914. the alleged confession recited. In 1915 he confessed he fired buildings In Cedar Kaplds, Des Moines and Terre Haute. In 1920, said the confession, Rchlott started fires In Pittsburgh, Cleveland, Dayton, Toledo and De troit, Rchlott attributed his curious ca reer to an unfortunate love affair of 22 yeans ago which caused him to Join the army. While enlisted, bo said, he was struck over the head with an Iron bar and had never fully i ecovercd. Dr. Griggs Will Lecture in Centra) High School A free lecture, open to the putdie, will lie given In Central High school auditorium Thursday evening at 8 by Dr. William Howard flrlggs, under the auspices of the Omaha Ruhool Forum. He is one of 1h* best known men In his field In this country. His sub ject will be “Lights and Shadows of the Present Age." WHERE TO FIND The Hie Feature* of THE SUNDAY BEE PART ONE. rage 8—Editorial l'n|p 9—Wfrk’i Kudin Programs. Page II—ll«M»k Kevleua. pm two. I'liifa I, 5 ami :i—Mport*, Including The Oniuha lire'* All-Mata lllglt hioiiiHll Tram. Page 4-—’Automobile HeelIon. Page V— Market*. Page 7—Picture In Cartoon Title fun I eat. I'agr* ft nml 9—Clarified Advertising. PART THREE. Pugea 1 to 9—Mortal/. Page IV—“Married l.lfe of Helen ami Warren." Page 7—Khopnlng With I’ollj. Pugea M and 9—Mot Ira nml Music. Pnge Ilk— Amiiaenient*. Page 11—Word Picture of 1 lojd <*et»rge itml III* HUaimlng Smile. h\ II li W ella. ami urxloti* lo Content loent." In tf. If Mrlnt.trc. Pnge If — Murk Sullivan 1 >11* \ltfllil IIIn*mi •lohtiaon'* I'ollllrul t not palm. V\HT KOI IJ I'our Page* of M* *1 popular t, umic*. M \<J V/INK SKI TION. Page* I ami ?—"I l>e«ert Kobat.vat," storv Hjr Arthur IhiIii Pnge A—second Article h> l*erlrudc Atherton In I itoioii* tinhorn' lor11nt on laivr. Mari-mge nml the Modern Woman; the '-I art in. “tin our Hunk t •• ah>> » Momlltv Pugea 4 and ft—- S|nrj of Noted Ifrencli \efrr**‘ lliungt- of It cm i I Tim.nd Mitiil for lluatmnd’* Affeitlmi Aflrr lli« Ihirl Page* tt and 7— llappr hind for Kid dle* Puge 9—I'athlnn t-'niiu.v AM 0(*K \\ I Id; Sl l I ION Page I —W inning Picture* In I he Oiiuiliii lice' • Amateur Photograph CiMlIcut Page* I, ft and 1 latere*ting Pro ole and t mi*unl s« ■ oc* In World'* Ve*% a. Pugea I and ft Hi'andrl* Store* Ad • el'tUina fyirail 3 Young “Paderewskis” at Dundee Make Musical Debut Three embryo musicians who m ay prove to be a second Paderewski Josef Hofman. or I>e pachinori. I<eft to ri^ht, Hilly Hamilton, Chari e» Richardson and Sam Rees. Music has such charm that it will place three little boy* at one piano to perform In a recital before more than 50 children and a number of fond parents. This unusual perform ance took place last Saturday at a meeting of the Junior Musical at the Forrest Richardson home, 6215 Web ster street with Charles Richardson, Billy Hamilton, son of Mr. and Mrs. C. R. Hamilton, 002 Capitol avenue, and Sam Hees, son of Mr. and Mrs. Samuel Rees, jr., 5165 Leavenworth street. The three boys who had been students at the piano for two months, are now eligible to the musical club, since they have played In public once. It was a great task, said their mothers, but the boys managed to eee it through. They are all * years old and pupils at the Dundee school. "The boys were upset because, in order to practice, they gave up their Thanksgiving vacation," said Mrs. Richardson. “They spent many hours at the piano, counting and marking time. They would disagree at times, as all musicians do, and nudge each other with their elbows If a mistake was made. They played from memory." The musical offering was “An dante" by Hayden and was arranged In tlie three parts by Mrs. Edith Wagner, their teacher. "It was a great oocaslon for the boys." said Mrs. C. W. Axteli, presi dent of the club. “Each boy thought he had the responsibility of the three. They en tered the room, m.ido ft stiff bpw and tnarcfted over to the piano. They counted a measure bofore they started to play and then proceeded without any mistakes. Sammy was so worried about the musical technique of Charles that when Charles was expected to come out strong on a certain measure i Sammy gave him an awful nudge. Charles resented It, but kept on play ing. Keen after the boys had com pleted their part of the recital they felt that the success of the whole affair was upon their shoulders.’' Heaving a big sigh when their part of the recital was over, the boys re mained in the room to see what the other children could do, said Mrs. Richardson. When the boys were asked if they liked music, ’,hey all twisted their feet, voiced a loud "aw," and ran off to play In their cave in the ysrd. Husband Admits He Decapitated Hid Babv » Wealthy Milwaukee Real Es tate Man’s Arrest Results From Sister-in-Law’s Recital of Troubles. Milwaukee, Wl»., Dec. 8.—The stoi cism he maintained through the gris ly ordeal of unearthing the headless and naked body of his wife, Mrs, Ora Tompkins, from Its secret grave in the Lion's Den ravine, deserted E. Kay Tompkins this evening. After professing his innocence for 12 hours, the wealthy real estate operator and former normal school Instructor broke under the grilling of District Attorney tieorge Hhangh nessy and admitted that he hacked his wife's head from her body last Thursday, burned the head In a fur r.ace, bundled the body into his new automobile and drove It to the lonely spot where It was buried. A first degree murder warrant was served on Tompkins shortly before ho confessed. Under Wisconsin law, no regular grand Jury sessions nre held and the accused man will l*> given his preliminary hearing In cir cuit court without walling for an In dictment. The ghastly disvovery of Mrs. Tom kins l»ody on a country estate 29 miles north of Milwaukee, resulted from tho recital to Chicago police by the slain woman's sister of a (tingled story of domestic trouble. In fidelity nnd threats of death. Mrs. Victor Rubin, the sister, de clared her belief that Tompkins had murdered his wife, as he had threat ened to do. and even said the bus .land hud declared In advance where he would conceal the body. Aided by Jacob Donges, millionaire owner of the estate on which Lion's Den ravine is situated, Sheriff l’hil Wcslphal look Tompkins to the grave and forced him to recover the Iswiy. Despite the growing evidence against him. Tompkins persisted in his pose of Innocence until the mur der warrant had keen served. Mrs Rubin told police that another sister. Mis. W ill t Conrad, has told her of many threats against Mrs. Tompkins' Ilfs by her liuslmnd. "Their domestic difficulties had stretched over many years lie wanted to vet n divorce, hut didn't waul her to stall any action, lie was intensely fond of the company of women." oil) !i < tonight continued ilielr In vestigation of Tompkins' friendship wi(11 Miss Kloremje Wltlmeyei, form erlv a ("gelier at Milwaukee nornini si hoot. lien Tompkins was a mem Ini- of the faculty there. She Is now employed by a Milwaukee Jewelry store, police said. Si \rn Dir in Mine Blast. II urn id. Ky . I iir h Kotin mlnt-m wore klllril an.| nix ot hot* mm In jin ml In a mine of tho Hlai'k Hawk Coal company of Can la Cork *« tho laault of a duat amt a** exploslup In tha min* It* )«at*t'd*y. ft Motorist Freed of Death of Student Lincoln, Dec X—Harvey II, Ketel hut was freed today of manslaughter In connection with the death of Bertie Meier, student at the University of Nebraska, in an auto accident here. Ketelhut was freed of the charge when District Judge W. E. Stewart sus tained a demurred to the complaint contending that the complaint failed to specifically charge the crime. Miss Meier and another university coed were on their way to a show when they were struck by Kctelhut's car. Miss Meier died from Injuries the next day. Ketelhut had just driv en from an oil station when the acci dent happened and declared that hs was driving slowly at the time. A coroner a Jury, however, held hint re sponsible for the crime and the coun ty attorney filed a complaint. Father Shot by Son Is Now Recovering Shenandoah. Ia Dec. S.—Bert Carmichael farmer In Hand hospital suffering from gunshot wounds In flicted by his son, Claude Carmichael, Is doing nicely again following a re lapse His physicians say his condition is normal and that lie will soon be able to leave the hospital where he has been for a month. The son is serving a 30-vear sen tence In prison for the shooting Souder Jury Chosen More RapidU Then Expected North Platts, Neb.. l>oc. S—The second dnv < f the S M. Souder arson case opened today with the attorneys still working upon the selection of the Jury. The work has progressed well and attorneys declare a jury will be chosen by this evening. I'p to noon today but 11 jurors had been dlsipmllfled for cause Frank B.-rhiis w -* replaced by L. C Mitchell of Stapleton. .1. IV. Wledmann was replaced I y Joe Schopp of Maxwell. Grant McNeil was replaced by G. Gut her less of North Platte and B. SHpprluate of Snlherlntid was re plnced hv Spence Wood, merchant of Wallace. The prospective Jury stood 11s follow- at noon: I. C. Mitchell, Spence Wood. tl. Guthei lea*. Joe Schopp. <lua E. Ilassc, W. A. Ander son, Fred Swanson, Frank O'Donald. Charles Sander*. John Witt, A It Leavitt nnd Sam Camhltn, In the examination th,s morning, I most of the Jurors declared that they had heard considerable about the case "Inn a Hnb<>" Held at I nils ( ity Is l in'd Kalla Neh . IVc. 8.—Burt Blunt, Klilni; ive Molnr* pud tings, la., na In* home clllrs, waa raloaard tislay nftri' h!a hi rent u pterday Pa a auspicious chmiutci Blunt m rived In Kalla Klty In a freight car and carried a grip fill'd with Liberty bond*, traveler**1 check* and greonlmclta. When no bank robberies or exprege holdupn were reported, the police rr Bulged Blunt. Blunt declared he was I “bumming'* hla way through ihe country to gave tran»port»Uot> ea penatf • Former Omahan. Rich Ranchman, Jailed and Fined Sheldon Bayright Given Larg est Lincoln County Penal ty for Violation of Liquor Law?. North Platte, Ne'j, Dec. !.—Shel don Bay right, wealthy rancher, for merly of Omaha, livng northwest of Sutherland, was sentenced this noon in district court for possession of four stills. He was fined JllfOO and sen tenced to SO days in the county >11. He was given until this evening t® deliver himself Into the custody of Sheriff lJerthe to start hi® sentence and serve until the fine is paid. Bayright was arrested last year upon the charge of having four stills in his possession, two of which were in operation when the authorities raided his ranch home. Bayright was brought before the federal court and his trial was indefinitely postponed No action was taken upon hla case until the grand jury met this fall and an indictment was returned against him. He appeared in district court lats Monday and pleaded guilty to the i harge and was given his sentence to day noon. This Is the largest fine for liquor law violation which Judge Tewell had handed down in Lincoln county. The second largest fine being $1,000 and SO days when Charles Shaffer was found guilty by a Jury. Shaffer appealed his case to the state supreme court, this was argued Thursday in the state court and no decision ha* as yet been re ceived. Beatrice KiwauU Club Entertain* for Wives special Pt-patch to The otpaha Hoe. Beatrice. Neb.. Dec it.—Members «f the Klwanss club were hosts to their wive* at a banquet at the Y. W. C. A The men furnished the food and their wives entertainment. The committee in charge of the entertain ment consisted of Mrs. C A. Spell man. Mrs C. P Fall. Mrs. F \V. Buckley, Mrs. J O. T>outhitt l . S Fishing \ essfls Arc Barred by ( anadian Ports Wnahinjrton. Wo. $ Tho ranmllmi Rovornmont today notified thi* TnlfiM state* that fi«hmc v«»**rU w uld not be tad to antfr OunulUn port* nftor T'ecemNer SI. rx* opt for *h*H«»r from atorma or in Ilka <*m§rg»tioy. The Weather f or ?4 hout* ot*4hig 7 n tn t >#,*%!»'bi»r I. VritipKnlWM M.gh«**t. : ton fat* t; ■>• an. 4^ not "•*>. -'s Total »»- fM *!«•’» .lanwar' 1 ) «i Hflatlva hvtmitl t> tarvamag* Tam • ; noon 4 3 I’taHiUntinn In* hoa an4 HuntV^«Uh»; Trial. a Total aim «■ Janviatv \ . 4 r\ com 39 limit 1« rrntitarNfiitM « • m . ? • n» »4 * » tv .. 41 • • «» 4 3 14 » m . 4* It A m 4 4 It uofn ., . .44 1 v m ...»i 2 I' m , M % I' m »1 I i R S » I' m »* * I* in 44 t v m 44 MurderCase Ends in Hoi Arguments Attorneys for Defense and Prosecution in Farm Mur der Exchange Per sonalities. Pity for Young Gir1 BULLETIN. Seward, Net)., Ilec. H,—All tjiree of the Vajgrts were fminrt not guilty by the jury tonight. Seward, Neb , Dec. g.—At 6:4& to night the case of Adolph, Julia and Alby Vajgrt was given to ihc jur>, after It had been instructed by Judge Corcoran that the state was not ask ing for a verdict of first degree mur der, and that it would find one or any of the defendants guilty of sec ond decree murder, manslaughter or not guilty. In a dramatic argument to the Jury Attorney Frank Bartos of Crete, who made the first argument for the de fense, declared that the state ha<l never proved who killed Tony Ijana and that he for one. did not knew "why we have been here for two weeks." Pity for Alby. "I only know." he continued In an impassioned tone, "that someone should have killed Anton Lana t-e fore he ever had a chance to ruin little Alby.” He bitterly scored the methods use-; by the prosecution in securing signed statements from Alby and her father, and his argument was filled wrlth ref erence* to "Fatty Runty" and "Bully Barth." "It Is those people who have caused this commotion and It Is they who ought to be bung and not these de fendants," he cried, pointing a fing* r at C. F. Barth, deputy county nev. who sat 10 feet from him He was followed hy Edward Vail, partner of J. J. Thomas, defense chief'' counsel, who confined himself to m outline of the law governing the case. He said the state had no legal rlgh* to hold Vejgrt for more than J4 hours without preferring charges against him. "The prosecution has brought in many irrelevant Issues," he said, "to bewilder the Jury and now they are < throwing them overboard." “Motives" Unproved. He was referring to the "Runty Grave", which Barth disowned this morning and to the many motives for the murder suggested In County At tomey McKIIllp's opening speech to the Jury which has never been proved. Attorney Thomas, who completed , the argument for the defense ,n an address that ran the gamut from cold logic to ths dramatic, and In which he broke down several times, showed as dU Bar?os, that the shotgun wound which caused the death of Lana, must have been Inflicted, as testified to br Alby. Holding the jacket of Lana before the Jury, he emphasized the smallness of the shotgun hole and Its position under the armpit, saying that ths gun could not have been held more than a foot from the body and that Lana s arm must have been raised when the gun was discharged. Witnesses IVnounced. He declared that the defendants were Ignorant of the bill 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 ths law. Abandoning logic, he swung Into a denunciation of the state's witnesses. Runty. Frank Vlshnefski and A. G. Vollar.d, 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 immortalize himself, while Volland. a Milford undertaker, was declared to be “that pretty boy who got an order from the county atlornev to embalm that animal." "The defendants." he <g»nc!uded. ‘ought not to have a verdict of guilty, but a vote of congratulation " founty Attorney McKl'.Hp, in ch .« ing the states argument, outlined hi* theory of the killing of T«tna. 11 is action * as objected to by Thonvi? who characterised it as unfair, sr l judge Corcoran admitted that it Was hardly proper, in that It gave »h* defense no opportunity to refute the theory. Stale's Theory MoKUltp s« I he h< ,e\ed terra was attacked on the Sunday eve- « preceding the. tragedy, and w ,i» carried out fo the straw shed by Vdolph Vajgrt I..111 > faca a « bleeding and a* Vajgrt erte d • • *thed Iomi atruck against the post, which accounts for blood spots n the plnnk with which >t;s. Vsygrt sir's she struck the .lead man. "The following morning he . n llnued. "Vajgrt wen! to the shed, and. finding Una still alive, hn.sh- 1 him with (he shotgun "I think the mother planned it, snd the father carried ti out with her assistance." he mild amt 1 doubt if Alter whs even present • v'ommenllng on the signed s> t s ments he de. Ure-i that the. v. e Isecured in a pi is-r t anner. and hat the law throws too much protect tea 1 about the criminal That is (he reason .» • . much osime. ha said