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About The Omaha morning bee. (Omaha [Neb.]) 1922-1927 | View Entire Issue (Feb. 1, 1924)
/ , f WEATHER FORECAST ^ JTP y T T^ i 111 4 TT 4 i~\ T^l IV TT IV T 1 rvr\ ^THOUGHT for the day. A 1HE I IMAHA iv ORNING JdEE -- * But soon or lata the man who wins ^ CITY EDITION j VOl. 53—NO. 197. OMAHA, FRIDAY, FEBRUARY 1, 1924. • TWO CENTS *• gBSSBJS.'^ V V”» iv-Edmund v-,. cook. J ™™“™1— By Mtlj q Tear): Dally and Sunday, 95; Sunday, 92.50, within the 4th tone. Outside the 4th Zone (I Tear); Dally and Sunday, 912; Sunday only, 95. Speeding Up of Supreme Court Urged Nebraska High Court Twice as Slow as Those of Neigh bor States, Asserts Mad ison Lawyer. Decision Takes 5 Years 974 Cases Behind. I. t*:Flgures showing how the Ne Vaska supreme court Is slowing up on Its work were given by W. L. Dowling in his speech before the Douglas County Bar association yesterday. Judge Maxwell alone, between Jtine 11 and December 22, person ally handled 62 cases In the su preme court. For the same period in 1922, 10 judges handled only 74 cases. In 1889, between June 13 to November 20, three supreme court judges handled 123 cases. During the same period in 1921 the 10 Ne braska judges handled but 124. At the present time, according to information received by Mr. Dowling, there are in the Iowa court less than 50 undecided cases. The Nebraska court had 974 on Au gust 27, 1923, and are practically two years behind their work. Inaction of the supreme court of Nebraska was stressed by W. L. Dowling, Madison, in an address to the Douglas County Bar association in the Brandeis tea room yesterday. The court docket, he declared, is falling more and more behind every day. "I have no criticism of the courts to offer, but it is time for some modern Henry Ward Beecher to arise and preach the gospel of the dignity of labor," said the speaker. "Compared with the work being clone by sister states who have .1 smaller number ot supreme court judges. Nebraska is accomplishing b ,7, . Decisions are handed down at lesa than half the speed of any neigh bor state. * Iowa Seta Example "Iowa, with seven judges, supreme court is even with Its calendar. Over 11 months’ period ending Oc tober. 1923. the Iowa judges road, prepared and published rulings on 903 esaes; Minnesota, with five Judges and two commissioners, handled 441 cases; North and South Dakota did as well, and Nebraska handled only 242 cases." In Kansas, Dowling declared, it Is possible to obtain a decision from the supreme court in five months. In , Nebraska It takes from four to five years. "I am told that in our supreme court our youngest and most able men may only read and prepare an equal number of cases to those handled by the oldest and slowest member of the bench. , Too Many Appeals “Appeals are made that should not ha made. But that would bo overcome If our supreme court judges would only speed up and. once caught up with their calendar, give decisions speedily. “Justice Maxwell, a member of the bench prior to 1890, read and pre pared 92 cases In one year. When he was a member of the bench and had only two other judges with him, the supreme court decided In six months, k 128 cases. Our present court, with Pk'9 judges. over a like period of time, dr'vfed 124 casea.” Dowling offered no solution for thS trouble other than that the court be speeded up by allowing the most able members to read the greatest num ber of cases. "Ths people still have, as much reverence for the courts as ever. They feel assured that they will get Justice, eventually, but when? Their cry Is against delays.” Provision for Aid. "Under the Constitution of 1920 it is provided that 'whenever necessary for the prompt submission or de termination of cases, the supreme court may appoint Judges of tlio dis trict court to 'act as associate judges of the supreme court, sufficient in number with the Judges of the su preme court to constitute two divi sions of tho court, of five judges in each division. “ 'Whenever Judges of the district court are so acting the court shrill sit In two division*.' “This constitution was adopted Sep tember 211 1920. The provision was made necessary by the fact that, as shown by the supreme court calendar of August 31, 1920, there were 688 undecided appeals. By August 31, 1921, the number of undecided cases had mounted to 878, according to a printed calendar issued by tho clerk, and by August 27, 1923, the number had Incrcneted to 974, In spite of the fact that the working capacity of tho court had been practically doubled.’’ Offers No Solution. Mr. Dowling offered no solution for the trouble other than that the court should bo speeded up by allowing the nv able members to read the great ^.'esc number of cases. W Mr. Dowling was lnwr partner with Judge Allen before tho latter was elected to the bench. Do Is now can didate for the state supreme court. f 0 People’s Progressive Party Names Pointer for President Dearborn (Mich.) Man Named Standard Bearer at Con vention Here—Roy M. Harrop of Omaha Running Mate—30 Delegates Attend—Money Question Will Be Main Issue. Robert It. Pointer of Dearborn, Mich., for president, and Roy M. Har rop of Omaha for vice president, were the nominations made yesterday at the national convention of the na tional people's progressive party in Hotel Castle. Thirty delegates in attendance were unanimous in their selections. Mr. Harrop, who earlier in the day was named as national chairman, probably will be succeeded in that position by E. M. Price of Detroit, originally named as national vice chairman. Mrk Pointer’s nomination was made by Mr. Price of Detroit and seconded by O. F. Dornblaser of Texas. The nominee of this party, in his speech of acceptance, stated that he was the original Ford-for-president man and never toJd a lie. Close to Ford. "I stand closer to Henry Ford than even his own men may believe," Mr. Pointer said. "X am the toughest proposition that has even been nomi nated for president of the United States. The repeal of the federal re serve act is to be the big issue of the campaign.” During a recital of his personal Lack of Printed Abstract Blamed for Court Delpy Some Case* Ruu as High as 1,200 Pages, Says Nebraska Supreme Court Judge. Special Dispatch to The Omaha Bee. Lincoln, Jan. 31.—Slate supreme court Justices tonight ascribed the lack of a statute requiring a printed ab stract of the record as a vital reason why Nebraska does not hand dow n opinions as rapidly as other slates. While the justices declined to enter Into a controversy with W. J. Dow ling of Madison, candidate for the su preme court, who today in Omaha criticized the slowness of the court, their statement was inspired by his attack. "Iowa, Kansas and Minnesota all require printed abstracts to be fur nished by attorneys bringing cases before the supreme court," said Chief Justice A. M. Morrlsey and called at tention to a 4S9 page typewritten record, the reading of which he had Just completed. "In Iowa 1 would have had approximately 50 i>ages to read as opposed to this.” 1,200 Pages. "Some of these cases run as high as 1,200 pages," said another justice, who declined to allow ills name to he used. "I have one totaling 1,100 pages on my desk now, and It in cludes neither abstract nor index.” As a further result of the require ments of tho printed abstract, the justices agreed that fewer cases are appealed, since tho abstract materially increases tho cost of litigation. ”1 know that Minnesota lias ap proximately 60 per cent fewer cases that we have, in Nebraska,” declared Chief Justice Morrlsey, "and tho Jus tuses can go through them much more rapidly because of tlie abstract. Further, the low court fees—they run around 615—and the light to appeal against a Judgment amounting to practically nothing, tend to increase the number of cases that come be fore us.” Eighteen Month* Behind. Under the constitution and laws of Nebraska, the supreme court judges are required, In equity cases, to hold a trial do nova, which means that the Judges must read all the evidence In the bills of exception, said one of the Justices. The records show that the supreme court la approximately 18 months be hind Its calander, but criminal cases and cases of great public Interest and Importunes aro given precedence over routine cases on tho docket. Ne braska's supreme court at one time, recently, was only eight months be hind, but deflation and the crime wave, with the resultant crime cases, caused a severe setback, all of the Justices said. Approximately 334 written opinions were handed down by the court In 1323, according to the clerk of Ihc court’s office. This figure does not include motions for a rehearing and cases that were affirmed without an opinion. The statutes show that Nebraska twice Included a law requiring printed abstracts, but In both Instances the law was repealed.. National Hanks Wil| Sue to Ketlnce Tax Payments IIj- Associated Press. Lincoln, Jan. 31.—11. Kelsey, Norfolk, and W. A. frlnce, Grand Island, attorneys for the State Hunk ers' association, said here today that Injunction suit would be filed tomor row In Omaha federal court on behalf of the national bunks, to enjoin the county treasurer from collecting more than 65 per cent of the 1323 taxes assessed on tho hanks. They staled that soon of ter tills case was brought up, a similar suit will be ftjed on be half of slate banks In Omaha district court history. Mr. Pointer stated that he started life by running away from borne to escape a brutal stepfather, who inflicted punishment which left scars on his head and arm. He has lived at Dearborn for 21 years and succeeded financially through real estate ventures and stock raising. He was overcome by emotion when re ferring to the death this week of his old friend. F. A. Tubor of Grand I.edge, Mich., who gave him a job in his youthful time of need. Me ns (Turn to Pago Two. Column Two.) Approval Is Given Slash on Surtaxes Mellon Plan of 25 Per Cent Maximum Rate Voted on by the House Body Republicans. Ward Off Minority Blow Washington. Jan. 31.—Republican members of the house ways and means committee today approved the 25 per cent surtax maximum propos ed In the Mellon bill. Approval also was given by the re publicans to the treasury recom mendation for a reduction in the nor mal income tax rales from 8 and 4 per cent to 6 II per cent. The majority, members took action on the. rate schedules after discuss ing the situation with the republican steering committee. Several members. among them Chairman Green, are understood to have voted against accepting the Mel lon surtax recommendation, but under the agreement, they are hound to stand by It in committee In the face of any opposition from the demo crats. Nebraska Pioneer Dies. Shelton. Neb.. Jan. 31.—Sherman L. Gleason. 88, died at the home of his sister. Mrs. N’. P. Dickinson, who lives eight miles northeast of Shelton in Cameron township. Mr. Gleason was 111 only a few days with pneu monia. Senate Votes for Return of Oil Lands Next Step iii Teapot Dome Probe Is Quiz on Fall's Financial Specu lations. Coolidge Holds Parleys By Cnl vernal Service. Washington. Jan. 31.—Tha Walsh resolution directing the president im mediately to take measures to cancel ex-Secretary Fall's leases of naval oil lands to E. L. Doheny and Harry F. Sinclair, passed the senate today with out a dissenting vote. An intensive investigation into the rumors of stock speculation by Fail and his associates was initiated today. Subpoenas were Issued, by the senate investigating committee to Washing ton members of the stock brokerage firm of W. B. Hibbs & Co., as well as the New York correspondents. Hibbs is the principal stock broker in Washington. It Is understood that the committee will ask for a statement of the trad ing in Sinclair Consolidated Oil, and the parties for whom the trading was done, in the first four months of 1922, when Fall was engaged In leasing Teapot Dome to Sinclair. Other leading developments in the oil scandal today were: Passage Seen In House. 1. Nicholas Longworth, republican leader in the house, says that the Walsh resolution will pass that body tomorrow. The resolution contains language strongly condemnatory of Denby for his part In the Kail leases, stating that these leases were “In vio lation of the laws of congress and made In defiance of the settled pol icy of the government." * 2. There Is less certainty than there appearrd to be yesterday about the passage of the Itoblnson resolution now pending In the senate, calling for the dismissal of Secretary of the Navy Kdwin Denby from the cabinet. Republicans demand that, if any thing is done to Denby, ho should t* impeached and given opportunity to defend himself. The democrat* In sist Denby was appointed “with the advice and consent of the senate,” and he can properly he dismissed by the withdrawal of that consent. Coolldge Quizzes Senators. 3. President Coolidge requested a conference with Senator Wslsh, di recting the oil lease investigation, and Senator Robinson, democratic leader in the senate and author of the reso (V- i3UNNY SIDE UP L_ Unusual signs, as remarked before, are intriguing. By the way, there are several words that are beginning to fascinate me. Reaction, Intrigue, psychological, are some of them. But speaking of unusual signs, there is one at the entrancV to a private area way In a fashionable apartment which reads as follow s: CeEp OuT This mKans Yu W« note with satisfaction that fashion has decreed suspenders and vests for men. This is particularly picasing to one whose architectural proportions fit. him for belt wearing purposes about ns well as a snake Is fitted f^r wearing a corset. And the vest Is an economic measure. It saves in laundry hills, and It is alwaya In presentable shape when the broadest expanse of the trouser* 1* somewhat damaged. Whereupon th* vest sup plies ample material for resoling the trousers and practically doubling the life thereof. It ls*lndeed gratifying to note this evidence of a due regard for economy on the part of the arbiters of mascu line fashions. Would that we could chronicle a similar thoughtfulness on the part of the designers of feminine apparel. Charley Gardner, who secretary* for Ak Har-Ben, was the special es cort of Secretary Weeks of the cab inet when the latter visiter) the Omaha races last summer. When Secretary Weeks was ready to depart he turned to Gardner and said: "I am under obligations to you, Mr. Gardner, for a most pleasant visit.’" "Don't mention it," replied Gard ner. "We secretaries must stand to gether, you know." There is one thing about this Tea pot Dome scandal that puzzles us greatly. Why did Mr. Fall, a repub lican of republicans and seemingly In terested greatly In granting favors to republicans, go out of his way to confer such a tremendous favor upon so good and so prominent s democrat as Mr. Dohony? If memory serves us right, and we think It does, Mr. Dohony was a prominent figure at the Han Francisco convention. Personally we are heartily In favor of any movement alining to Increase the pay of postal clerka and cnrrlers. The only redeeming feature of a Job of that kind Is Its permanence. It requires a high degree of Intelligence, constant study and application, and physical fltnes. If ihere Is any good and sufficient reason for opposing ths wag* Increa** i It has not been brought to public at tention. , We are rapidly approaching that season of the year when rgcolleetlons of earlier days press for attention. About this time of year, some 50 vesrs ago. It was the duty of us boys to garner a proper amount of sassafras bark preparatory to the spring Hood (leaning. Sassafrns thing the blood, and the old fashioned idea, was that winter, with Its com parative Idleness, resulted In thick ening of the blorwl until It would md circulate freely, hence the uke of sassafras tea. The concoction was consumed copiously st meals until such time as the blood was so thin that the nose was very apt to bleed If one sneezed unduly hard. That was sn Indication that ths blood was suf ficiently thinned. >»ext, of course, was to cIssjim the blood properly, and a mixture of sul phur and molasses was deemed the proper thing for that purpose. Other wise fond memories of childhood are saddened by thoughta of sassafras tea and the unpalatable mixture of aorghum and sulphur. Perhaps some of you old timers will remember how a lump of sul phur that had refused to mix would park Itself In the bark of the mouth and refuse to answer either crank or self-starter. » There was, however, one gleam of sunshine. The approach of sassafras tea time heralded nlso the approach of the day When the gaafetlda bag, for several months suspended in a bag attached to a string around the neck, could be hurled aside. Those who discredited the aaafetldu bug as a preventive of disease usually v.-oro one as a measure of self de feme. "Another Old Timer" takes excep tions to a recent reference to copper toed shoes, lie Insists that we never wore* etn, because only hoots wero copper-toed. Of course be Is mis taken. We've worn both. Wo've also used the wooden soled sknles that screwed Into (be heel, the knit wrist lets, the mittens attached to a long string, and young us we me, and nlwa.vs expect to bo, we easily recall the old sbitcs ntid pencils and the mi sanitary method of cleansing the shite. Lend pencils were a rarity In those days, and we used pen and Ink only when, with tongue twistings and facial contortions, wo tried to follow the copy set for us In the old Spencerian copybooks. , But we dill wear dipper toed shoes, despite ths contention of Another Old Timer. W M M. s Don’t Think for a Minute the Little Fellow Doesn’t Feel It ! GO ON, soak) HIM! SEE ip I s we care .— ) I lutlon requesting Penby's removal. President C'oolldge discussed his ap pointees a* prosecutors in the attempt to rescind the oil leases, and for in formation on certain phases of the testimony before Walsh's committee. 4. Representative Hamilton Fish has introduced in the house a resolu tion asking the government to request the Immediate return of Sinclair to testify tiefore the committee. Sinclair, in London, states lie has no Immediate Intention of returning. 5. Senator Reed of Mlsaouri. in the senate, demanded that K. L. Poheny lie recalled before the Walsh commit tee and asked to testify whether out side the $100,000 ho "loanfd'' Fall, he ever handed any other money to other government officials in office or just out of office. Senator Lon roof, chairman of tlie committee, later an nounced that Poheny had been thus summoned to testify tomorrow. Denby Suggested Transfer. S. Admiral luitlmer, judge advo cate general of the navy, today tol'l the house naval affair* committee that Secretary Penby had admitted being the author of {he Idea of trans ferring the administration of the navy oil lands away from the Navy de partment to the Department of the Intel ior. presided over hy Fall. 7. Secretary Denby again asserted that he has no Intention of resign Ing. that the president has not asked for Ills resignation, that the only pres sure he feels is atmospheric. 8. Representative Logan of South Carolina, at the house naval commit tee hearing, brought out the fact that the four leases, Instead of carrying out the mandate of congress to "pre serve” the navy oil reserves, would result In the government getting only 31.0tin.000 barrels of oil out of the 525,000,000 of reserves, the balance go ing to Poheny and Sinclair. • 9. Tomorrow morning, when the hearing before Senator Walsh's coin mlttee resumes, the throe specialists, appointed by the committee to exam ins Into Full's alleged slate of nervous collapse, will make tholr report. 10. Late tills afternoon. President Coolldge summoned to the White House Assistant Secretary of the N'avjf Roosevelt, and the two walked about the ellipse In confidential con versation. Democratic Senators Called to White House Hj AvMM-laled Tress. Washington, Jan. 31.—Both demo cratic and republican loaders of the senate were consulted by President < oolldga today Just before the debate on the Walsh oil leaso annulment resolution waa resumed. After the ranking senators In the republican senate organisation had paid on early call at the White House t Ho president summoned Senator Walah. democrat, Montana, who has bad a dominant part In the oil In quiry, and Senator Kohlnson of Ar kansas, thn democratic floor leader and author of tho resolution culling for tlia resignation of Secretary Dtnhv. Silas II Strawn, one of the special counsel selected by the president to conduct t Ho grove in m «*)t a Investlgfi iTurn to Pass Two, t'oluinn Turn The Day in Washington Plans (nr grand jury hearings on evidence disclosed by the senate veterans' committee were begun at the llrparlment of Justice. The house passed the In^rior dc- j partment appropriation hill, the | first supply measure of Ihe session. I Itetniblic an members of (lie house ways and means committee ap proved the surtax and normal In come tax schedules in tlie Mellon ML ' Denial was authorized at the White House that (secretary Item by and Attorney General Daugh erty had submitted their resign*, lions. President < nolidge conferred with Senator Robinson of Arkansas, democratic' leader; Senator Walsh, democrat, Montana, and several re publican senators on naval oil lease problems. Rear Xdiniral I -cl inter told I lie house naval committee that Secre tary Wen by had initiated the trans fer of the t alifornia and Wyoming oil reserves to the Interior depart ment. The senate adopted tlie XXalsh resolution directing the president to proceed with aulta tu annul tlie Doheny and Sinclair oil leases and j took up the Denby resignation reso lution but without final action. Poslmaaler General New with Secretary Mellon’s acquiescence or dered discontinued In 17 middle western and western states the sale through postofflees of treasury aa» Inge certificates In order to relieve Ihe banking stress. Night Watchman at Curtis Is Shot Down By Associated Tress. Lincoln. Jan. 31. — KM Johnson, lyght watchman for the town of Curtis, lit Frontier county, was shot about 3 this morning by an uniden tified assailant. a<-cording to Inforni.t tlon receiv'd at tho elites of Tom Carroll, slate law enforcement officer here, today. Mr. Carroll said he »a - sending an officer to Investigate the shooting "on the next train." According to the Information. Mr. Carroll received, Johnson was not fatally wounded. The shooting took place In an alley, as Johnson was making his rounds. Motive for the shooting was not known. Mr. Carroll reported. Murriotl in Council Bluffs Th* following prrmma 4>biuln*<l marring* II* *ttN*n in Council Bluff* > **t n Un> . Mar\ln l’*it rm»n Kramoht Nab nnu Brown. Cromoni, N*b .... I* H C Ur#*r omah* ....... ‘i Mrlrn StatgardU Umihl . -*« .1 naapli Hlnup»k. Omaha ......... 7.1 I.«urn Uafilfl*. Omaha ....... 30 clyda 4’ooloj Count'll Bluff* 74 Kloanor Hhohllng Nrw York. N. Y. John 8 mol I g* i linha ..... 11 !1anou*rk, Omaha .. II Alfred Hall. Omaha *4 Kdlth leOnhoa. Omaha 43 Frank «'onk1* Banudlrt Nfh 4 1 i:il«n Dlck*on. Mromabuig Nfl> . 37 I Savings Stamps Sales Banned as Farm Relief Act Suspension Affecting 17 Mid west States, Aimed to Make Local Funds Available for Banks' Lse. Washington. Jan. 21.—The govern ment by stopping the sale of its treas ury saving certificates in 17 western and mlddlewestern states today stepped aside so that available local funds hereafter may be applied to the relief of agriculture and banks in the stringent credit area. Hnle of the savings certificates through postoffice*—the medium use«l to reach the modest Investor—was or dered stopped by Postmaster General New. Secretary Mellon agreed to the action. The suspension of “ales, w liich cf factually removes the certificates from the money market, applies to North 1'akota, South lvakota, Min nesota, Wisconsin. Iowa. Missouri. Kansas. Nebraska. Arkansas. Colo rado, Wyoming. I'tah, New Mexico, Arizona and Montana. It supple ments an order issued 10 days ago by the Poetoffic* department In which postmaster* were Instructed to dis continue advertising the certificates and soliciting their sale. The order does not. however, affect acceptance of deposits in tha postal savings system which wrlll continue receiving funds as In the past. In agreeing to the plan of the post master general, treasury officials made It clear they did not believe the funds taken out of any district by Investments In savings certificates were sufficient to hamper financial lehahllitatlon. Secretary Mellon de sires to co-operate with other agencies of the government, it was declared, and believes the cessttlon of sale of the certificates may have an impor tant psychological effect. Woodrow Wilson Is Gravely 111 By | nivronl >gnlrf. Washington. Jan. 31.—Former Pres Ident Woodrow Wilson's illness is causing grave concern. If not slnrm. It was learned tonight. Although at the moment he Is said by hie physicians to be resting fairly well and the ailment is dlagmvsed «* a "digestive upset." It Is known that those who have his well being in charge ar* apprehensive. It Is stated that the ex president Is already quite weak and, because f the Illness Is always subject to a serious relapse. Admiral Cary T. Grayson, l\ls phy s olan. whoVus nlvsenl from the city, was recalled to attend him lie said that he hopes! and Iwlieves that the former president will soon recover, hut that any Illness to a man of his nge and physical condition p danger ous. Frank Aughe Shot Down by Robber Bandit ^ ho Held Up Drug Store at 3:30 Yesterday Uaptured After Shooting 30 Minutes Later. Dead Man Holds Slaver * Frank Aughe is dead. in city Jail, Joseph Dunn, alias Savage alias -, held as his murderer, paces his cell like a caged beast, pleading with prisoners and jail attaches to ‘put a bullet in my head and end me.' Aughe, (or the past two and one half years working partner of Fred Franks, was killed by Dunn half an hour after the latter had held up and robbed M. G. Kreymborg, proprietor of the Crosstown drug store. Twenty - fourth street and Poppleton avenue, at 3:30 yesterday afternoon. Shot in Drug Store. Death came to the pohee officer a* he. the last to leave the emergency car, of a group of four detectives, entered the S. A. Beranek A Son drug store at Sixteenth and William streets, half bour after the quartet had taken up the trail of the bandit. Dunn, identified as the drug store bandit, was about to leave the store, where the shooting occurred, when the emergency car carrying Detec tives Killion and Davis, Murphy. Aughe. and Instep Warner, emerg ency officer, passed the place. Description of the bandit given by Kreymborg was that the man wore a light grey cap. • Identified by Cap, "There is a new light grey cap " Davi* shput^i. Warner swung the emergency car into a turn of the street. It *hot In front of the drug store and all occu pant* darted into the establishment Davis and Killion entered. "There were half dozen women and the boy clerk beside Dunn in the store,” said Davi*. "Murphy came through the door followed by Aughe.” Davis continued in relating the tragedy. "I started around behind to ap proach the man from the rear. Aughe came through the door and by that lime Dunn had moved toward the door a pace or two. I saw him reach to his coat pocket and yelled: "Kook out Frank!” (•rappled With Slayer. "Before the words were out of m; mouth, there was a putt—putt—putt of gun fire. Aughe grappled with his assailant. ' We all rushed toward (hem. Before we gained their sides, they wire sprawled on the sidewalk in front of the store. "Augh, paling, gasped from be neath his murderer: "Bill, I'm gone-’* • "I grabbed Dunn's gun hand and pulled it from beneath Aughe. where he was trying to hide the weapon. Killion took the gun." According to detectives. Dunn rose to his feet, when he saw he wgs cor nered and with the ferocity of a mad hull attempted to beat them off and escape He was overpowered and taken in custody by Davi* *nd K!' lion. Death Almost Instantaneous. Police Stive eon William Ranee rc sponded with (he ambulanoe to tin oa 11 of detectives "Frank was dead when I arrived, he said. Rut he immediately ordered th« / ambulanoe to take him to St. Joseph hospital in hope he might still h* saved. There, also, physicians pronounced the detective dead, when he arrive i in the police petrol ambulance. Dunn, in a statement, admitted the shooting and robbery prior to the kill ing, according to police, but when questioned by Deputy County Attor ney Dan Gross, be evaded direct con fession. choosing to counter-question the county attcyney instead of reply ing direct Pleads for Death. "I wish someone would rut a bul let through my head." he moaned "1 bave had trouble all my life." "Why did you kill this man?" questioned Gross. "Is he dead?” countered the pris oner. "Why did yotl shoot?" "l>id 1?" All through the questioning. Dunr refused to answer either affirmative or negative to anything pertaining to the murder or preceding robbery. Kara pod in Fremont. He was identified h> Detective' Fred Palming and William Gurnet: ns one of three suspects arrested b.v them at the Capitol hotel November 15, later sent to Fremont, Neb., to answer charges of robbery of a bank car crew In that city. There, Dunn made his escape from Sheriff Oondit by crawling under a moving train. He confessed lie then went to Denver and, after s x week' there, back to Omaha where he lva* lived since. Police believe him guilt' of several of the late holdup ami prowling crimes. He gave the address of TS9 South Twenty fiftli street In his confessions and when questioned admitted lie cheeked out of there yesterday aftr the landlady had refused to allow him to bring a woman whom police d» clare is "Betty SI gal. alias Smith to hi? loom a? his wifw