/ ,
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