^ WEATHER FORECAST ^ ^ | ^ TT T]* /I \ TT \ ^\/ f"\T3 TVTYTVTflL [ T? ^THOUGHT FOR THE DAY. Nebraska—rail Tuesday; riot-much N I I I I L % Ml W/ I f~^L I I /“^ l yL \^W M^V j M 1 V M P I J I A Our grand hnsiness undoubted!* la. change in temperature. X 11 X—# V-eT if X X X M. M. X A. A A.A. ▼ m.r *—• *■—1■ not to see «hat Mel dimly at a di* y ' lane*, but to do what liw clearly at _ ... —— / .■■ ■■■—■-- ■ ■ ■■■ ■■ . -1—*■ 1 ■■'■ ■■■ ■-■"—'-?-■ '■■- 1 ■" '= ■-■■"' ■" ■ " hand. CITY EDITION VOL. 53—NO. 206 OMAHA, TUESDAY, FEBRUARY 12,1924.* TWO CENTS'* nMar1'1 'V___ -t^- cany. j ■— By Ma)| (j Tear): Dally and Sunday. IS: Sunday. ti.&O. within the tth tone. Outelde ttie 4lh Zone Cl Tear); Dally and Sunday. Hi: Sunday only. «». H aystack Murder Is Given Jury \ erbal Clashes Between At torneys Feature Closing Arguments—Griffin Is Bitterly Assailed. Defense Pleads Accident Twelve men are locked iti a jury ^ loum in the criminal division of the •district court, deliberating the fate of James Griffin, charged with the haystack murder of Henry (Hank) McArdle on November 23, 1923. Frequent verbal clashes between County Attorney Beal and Eugene O'Sullivan, chief counsel for the de fense, featured yesterday afternoon's trial. The clashes resulted when O'Sullivan interrupted Beal during his closing argument. Tire Jury, after getting 23 instruc tions from District Judge Fitzgerald, began to deliberate at 5:40 last night. At 6, in charge of Bailiff Charles Johnson, they, were taken to dinner. Both sides rested their case yester day noon. Bitterly assailing Griffin, Beal, in his closing argument, told the Jury that the men who burned t body of McArdle, did it only to i . >• r up the tracks of the murderer. Accident Is Contention. “it was only an attempt to cover i p the evidence." said Beal, who ridi culed what tlie defense contended was au accidental shooting, with T,eo Brunson holding the gun. that caused I lie Meath of his friend. McArdle. Pleading for the electric chair for Griffin. Beal told the jury that the defense put up by Griffin was one of the most ridiculous ever heard In criminal court. | Rea/ condemned Griffin for ^ie story ho told on the witness stand. Ho stated that most of Griffin's tes timony was perjury. Griffin, discarding the smile he has worn since the trial began a week r at, sat in a courtroom that was crowded to its capacity and listened to what was one of the most severe ■ ignments of a man'i character uttered in a criminal court in many yes i s. t , “(Smithy” I* Attached. :;uh Beal ami Gross assailed Grif fa for Injection into the case of Mr. “Smithy," to whom Griffin testified lie gave the body of Mc^rdle to take !., ;i hospital. They characterized this "Smithy" if os a myth, one who has never existed and manufactured In the mind of the defendant. It was at this point of Beal's argu ment that O'Sullivan sprang to his fuet with the cutery that the "Smithy” idea was not conceived in his mind. He had misunderstood the state prosecutor, but Insisted that Fitzgerald admonish Beal and Instruct the jury to disregard the statement. The court declined. “The defense, in their attempt to tell this Jury that it was an acci dental shooting, are not giving you ihe real evidence,” said Beal. "Men don't burn bodies after an accident. The men that touched a match to tlrat haystack wanted to keep the Identity of the murderer secret. The men In their stupor went to the stack and burned McArdle. liquor Angle Given. "How rntirli does the state have to offer? How far does the state have to go? We have given you evi dence beyond a reasonable doubt that Griffin is guilty. Several witnesses have testified that the shortest of the three men fired the shot, which cor ^^noborates Brunson's testimony." Grose, In IrfS argument. Intimated that a quarrel over 18 barrels of alco hol between Brunson and GrWfIn was the real cause of the shooting. He took a shot at the sheriff’s office, when he declared that Welter and Banker, also charged with first de gree murder for the ssune crime, were allowed to be confined In the same tier in the county Jail, although they did not testify In Griffin's behalf. Gross attacked Dwight Taylor, owner of the battery station In front of which the shooling occurred, as being a "reluctant witness." No .Motive, Defense Ssys. Attorneys Tom Sheehan and Eu gene O'Sullivan In presenting thetr ar guments pointed to the fact that there was no dispute concerning the fact that McArdle was ahot and his body burned 1" the haystack. The ques tion for the jury to decide, they de clared, was to determine who fired that. shot. Their contention Is that Griffin did not have a gun. that both Brunson and Banker had revolvers, I he latter having his weapon empty, therefore Brunson did the shooting. Only one shot was fired, it was con ceded. They also stressed the fact that the evidence introduced failed to reveal a motive for the crime. They declared that the man who put the bo'v in the haystack did not know the facts, and "must have been a fly by-nlgliter who v as afraid to turn a dead body over to the authorities." Baby on Farm Near Winside Chokes to Death on Bean Wlnslde, Neh., Peb. 11.—Dais Pod <•'*^(>11, 18-months old child of Mr. snd Mrs. Herman Podoll, who live on a farm several miles south of here, choked to desth before assistance rnuid be summoned when he swal lowed a hard bean which lodged In fcla throat “Smithy” Takes Stand at Jimmy Griffin Trial ( Imrlt-s A. .Smith. Griffin Story Is Tangled as Evidence Ends Defense Kests in Haystack Murder Case and Argu ments to Start This Afternoon. James Griffin, on trial for lus life in dislrict court in connection with the haystack murder of "Hank” Mc Ardle, was tangled up in his testi? mony In several instances by County Attorney Beal Monday morning while the prosecution was conducting a vigorous cross examination of the wlt neaa. The defense rested shortly be fore noon. t Using J. M. Young, employe of the Standard Oil company, as rebuttal witness, Beal brought out that there was no small touring car trailing Grif fin from the scene of the shooting to Eighteenth and Lake streets. It wns this touring car that Griffin says was to have taken McArdle to a hospital. ''W Discarding his smile that he hea maintained since the start of the trial almost a week ago, Griffin hesitated several times before he answered Beal. "Didn't you tell this ‘Smithy’ that McArdle had been shot,” asked Beal. "No, I didn't know then that he had beensshot." Beal then read part of his testi mony on direct examination In which Griffin said he knew McArdle was shot when the gun was fired. "Is that your testimony?” asked Beal. "I don’t remember.” On motion of attorneys for the de fense, District Judge Fitzgerald re fused to allow the jury to Inspect the "death car” which was brought to the south entrance of the court house this morning. Grllfln, on cross examination, reit erated his testimony about the mys terious "Smithy.” "Now Just tell the Jury what kind of a looking fellow Smithy Is,” said Heal. Griffin thought for several moments and then bis description Maraarai Himaon. rian*»a. Nab. IN F A M a (lawn Danlaon. In .21 Marla HherlUan. Danlaon. la . 21 M -ho * Back to Him and Yet Make Great Progress _ ——-— X-T"'' r i THE i R AND / C&A£ACTE«-r\/j j4£S4$tAjATiO^//l Hr OR ROUTES Ih u f CtA'fJ yT jjj]' • NO MV** , ' \ ^fvO> Third Village Store Robbed Within Month — Special Hlvjjatrh to Th# Omaha Boa. Fremont, Nab., Feb. 11.—Loe* es timated at $260 was suffered at the Arnold A Cahoon merchandise store at Fontenella when thieve* at an early hour this morning forced an entrance Into the place and plundered the shelves. This la the third village store looted within the last month In this vicinity. Entrance to the etore was gained by breaking through a basement win dow. Officials suspect the thieves to be the same ones who recently stole merchandise valued at $2,500 from the Kris store at Weston, and a short tlm* before plundered th* Imrson Bros, store at Uehllng. 5 Slain in 6 Hours at St. Louis, Mo. St. Louis, Feb. 11.—A new criminal record was said to have ben establish ed In St. Louis yesterday when five apparent murders were reported to police In six hours. William H. Anderson, a policeman, waa found on a aldewnlk, his body riddled with bullets. Simon Brock man was shot to death by highway men. Nathaniel William* and Charles Berry, negroes, nnd James Nick were stabbed to death In three street fights. Sidney Chamber \ isits Sterling Commercial Clun Sidney. Neb., Feb. 11—A delega tlon from the Sidney Chamber of Commerce visited the Commercial club of Sterling. Colo., today In the Interest of good roads. Speeches were delivered by President King of Sterling. Martin Dlmery'. Paul Mar tin. A. K. Greenlee and Joseph Otter rglder. The Sterling chamber will he here on February 21 to establish more reciprocal relations. Harold Caldwell Files, A warm primary campaign In South Omaha Is assured by the filing yesterday of Harold Caldwell for democratic nomination as state repre sentatlve front the Fifteenth district. He will oppose the present Incumbent, G. s. Collins. Representative Collins was a leader of those opposing 1the bill to put Hip Douglas, county jail feeding on a cost basis. Man Found Cnconst ions. ,1. 11, Kendrick, colored, 2211 North Twenty seventh atreet, was taken to St. Joseph hospital early Sunday morning when he was found uncon scious In the street as Twenty fourth and S streets. When lie recovered consciousness he said Vie had been struck by nn auto. The Weather I For 14 hnuta tndlng 7 p tn Fcbru ary II * TrmpnrHlurr. II ghrat, 4* Imvraf, .<• irtann 14. Ti' roml, 4 total d»-fi. irn. . »in<*» .l.-inu ary 1, 4 4 Pracnl tat Ion, Indira nn>l liundi rdt ha Total, 0, Total alnc* .limitary I, 044, dr ( ftfllancjr. It Hourly Trniiirruluf^ *• n ni..3 1 ft • m. 3d 7 h m it ft n m.1ft Mum 34 1ft n ni :'.h 11 M in. 4" 12 noon .. ... 44 1 f* m > <4 2 p% m v. 4(* p m «■ 4pm 47 B. fO ♦ I p hi 41 ? p n. 41 i p in * Convicts Blow Up Gates of Prison 2 Officer* Slain, Many Pris oner* Wounded in Battle in Pennsylvania Pen. By Aseoetateg Press. Pittsburgh. Pa., Fsb. 11—Two prison officers were shot to death and a number of convicts were wounded, more or less seriously, In a riot to day. After an hour's tight, during which riot guns, tear gas. bombs, clubs snd bricks were used, the pris on guards assisted by Pittsburgh po lice succeeded In quelling the disturb ance, which started when tbs con victs used explosives In an effort to dynamite their way to freedom. No prisoner escaped. J The dead are: Willianl H. Peiffer, assistant deputy warden. J. A. Cox, an overseer. Warden J. Megan reported the plot was born In the minds of four or five "bad men’’ recently transferred to the prlaon here from the eastern penitentiary to be disciplined He added that he believed the plot was engineered hy a quartet of convicts known as "the four horsemen." They hail help from the outside, the warden declared. Hlasl Rips Gates. Prisoner* numl»erlng more than 1,000 had Just breakfasted and were atkout to k° their tasks in the work shops when the blast ripped the main gates and a section of the wall, rocked the entire district, shattered windows and caused residents to flee from their homes. Pelffer and Cox were nearby. They started on a ruQ for the ^hle in the wall but were Intercepted by 15 con victs who disarmed them, beat them and then shot the officers with their own guns. The prison yard became a battle ground as other prisoners and other guards joined in the fight. The guards concentrated near the gates and threatening the prisoners with the sawed off shotguns, ordered them to their cells. Rut the explosion hsd signalized an attempt to escape and with liberty In sight they were stubborn and showed fight Kven the prisoners in their tells added their voice to tin* confusion, shouting and beating upon the walls ami liars and crying defiantly to the guards In the tiers. A few of these convicts got loose but the guards met them, hand to hand and threw them back Intd the cells. Officers Joint Fight When it 1*ecnme evident that the guards in the yard were not faring ho well, a call for help went out to the city and the county and these of fleer* ere soon In the thick of the fight. With this large force at his ills posal. Warden Kgnn took command He stationed the county detectives on the wall, while guards and patrolmen took up the hat tie in the enclosure The prisoners used pistols and anv thing else lying around loose. The of fleers, trained to handle such men. hors In and soon got the upper hand. The convict* were hacked against one of the gray *tone walls and after a brief hand tohand struggle the prison et < gu\ *' up The\ w ere driven hack to theii c*lIs, 4 Senate Resolution Requesting Coolidge • to Dismiss Denby By AuoeUM l*Tw Washington. Feb 11.—The Robin son resolution, urging President Cool ldgs to dlsmias Secretary Denby of the Navy department, adopted yes terday by the senate, follows: “Whereas, the United States senate did, on January 31, 1924, by a unani mous vote, adopt Senats Joint Resolu tion No. 64. to procure the annulment of certain lease* In the naval oil re serve* of the United States, and, “Whereas, the said resolution, among other things, declared at fol lows: " ‘Whereas. It appears from evi dsnce taken by the committee on pub llo lands and surveys of the United States senate that certain lease of Naval Reserve No. 3. In the state of Wyoming, bearing date April 7, 1922, made In form by the government of the United States, through Albert B Fall, secretary of the Interior, and pd wln Denby, secretary of the navy as the lessor, to the Mammoth Oil com pany. as lessee, and that certain con tract between the government of the United States and thV, Pan American Petroleum and Transport company, dated April 25. 1922, signed by Ed ward C. Finney, acting secretary of the Interior, snd Edwin Denby. secre tary of the navy, relating among other things to the construction of oil tanks at Pearl Harbor. Territory of Hawaii, and that certain lease of Naval Reserve No. 1, in the state of California, hearing date Iiecembor 11, 1922, made In form by the govern ment of the United Slate# through Albert H. Fall, secretary of the in terior, and Edwin Denby. secretary of the navy, ns lessor, fo the Pan American Petroleum company as lea see. were executed under circum stances indicating fraud and corrup tion; and, whereas, the said leases ami contract were entered Into with out auTtmrity on the part of the offi cers purporting to act in the execu tion of the same for the United States i*nd in violation of the laws of con gress; anil, whereas, such leases and contract were made In defiance of Hie settled policy of the government, adhered to through tthree successive administrations, to maintain In the ground a great reserve supply of oil adequate to the needs of the navy In un.v emergency threatening the na tional security': "Therefore, be it “Resolved, that It is the sense of the 1 'lifted States senate that* the ptesl.lenl of the United States Immedi ately request the resignation of Ed win Denby ss secretary of the navy." This measure was a sulwtltut# ft»r the original resolution offered by Rolv instm, democratir leader, before the senate adopted the Walsh resolution I for fee annulment of the oil leases. lujiiWtion Acki-il to Halt Omaha Firm Making Kailiato The Harrison I India tor company. a subsidiary of General Motor*, filed milt ivi federal court yesterday against the Omaha Radiator and Manufao tin ih*; company asking an Injunction to atop Hie Omaha concern from mak ing and willing radiator* embodying principles In which the plaintiff claim* patent* % Insurgents Unite With Democrats to Push Bill Across by 47 to 34 Count President Is Urged to Dismiss Secretary I E 1 vv tv Pcrvby Labor Head Says McAdoo Inf it ■ % Connection ith Doheny Ren ders Availability Doubtful, Says Rail Union Chief. By AnorUtrat Pr*». St. Louis. Feb. 11.—William O. Me Adoo's association with the Doheny oil Interests renders his availability aa a presidential candidate doubtful, according to William H. Johnston, president of the International Associa tion of Machinists. Mr. Johnston pre sided at the opening session today of the three-day convention here of the national conference for political ac tlon. "McAdoo did have the support of a considerable portion of organised labor but there la now a very serious question of his availability aa a candidate." said Mr. Johnston. "There seems to have been noth ing illegal In McAdoo's service for the Doheny Interests but there Is a ques tion of the propriety of a former cabinet officer, after leaving his post, accepting employment with such in terests and then asking to be nomin ated for president." said Otto F. Branetetter, secretary of the socialist party national committee. The socialist party delegates to the conference will urge a union of all organizations represented In forma tion of a third party. It waa said. Tha conference, which represents national and International labor or- ] ganlzatlons. many farm organizations, the socialist party, advocatea of tingle taxation and co-operative crganlza tlons. The purpose of the conference la to formulate plana for political action In the coming campaign represented. The present conference Is expected to limit Its action to promulgation of a platform. Candidates who subscribe to that platform will be supported, It was explained. Senator Hotcell Not Allowed to Compete Spoet'll About Denby By P. C. POVTEIJ,. Washington t'urre* pen dent Tha Omaha Ufa. Washington. Fob 11.—In a strong address, Senator Howell urged ths senate to hsv# the same regard for the human right* of Secretary Denby that It had shown for the property rights of Slnclatr and Doheny on the California and Wyoming oil lands. The Nebraska senator called atten tion to rhe senate s action in voting down hi* amendment of two weeks ago which called for the government to take lnatant control of the oil lands and throw the burden of proof of possession on Doheny and Sinclair, the same as he claimed had t>een done In hundreds of cases by the govern ment in handling disputes of a sim ilar nature In year* past. The Howell amendment was defeat ed by a vote of 47 to S4 Among those voting against It was Norris of Nebraska. Howell stated during his address that unless a provision similar to h* amendment, asking the president to request Denby a resignation only after he was found guilty of malfeasance, he would refuse to rote for the Rob inson resolution, lie kept hi* word j and voted against the resolution. Not ris voting for It. The 10 minute rule was In effect when Howell spoke and hta remarks were not concluded at the expiration of the 10 minutes , He Introduced Ms amendment again and asked to conclude hi* remarks, speaking on the amendment The presiding officer ruled that llod'll could speak 10 minutes longer on the amendment. The democrats objected to the ruling and detn.imnd a vote to npiH'nt from the president's ruling Tlie vote msettled the \ lant's ruling and Howell s avncvli whe never completed Ten Republicans, Two Far mer-Laborites for Dismissal —Howell for Retention, Norris Opposes It. Quick Action Is Urged Bit Associated Cress. Washington, Feb. 11.—The Robin son resolution asking President Cool idge to rail for the resignation of Sec retary Penby was adopted today by the senate. Democratic senators supported the resolution almost solidly and enough republicans Joined them to override the opposition of the republican lead ere. Some response from the White House Is expected shortly. Hereto fore, officials close to the president have taken the position that the question of cabinet resignation is not one falling within the province of the senate. _The vote on the final roll cal! was 47 to 34. The resolution as adopted sa- «■ Resolved. That Is the sense of the United States senate that the pres, dent of the United States immedi ately request the resignation of Ed win M. Denby as secretary of the navy. Frat/d Is Intimated. A preamble quote* from the Walsh cancellation resolution adopted Janu ary 31, stating the oil leases s.gned by Mr. Denby were made in eolation of law and under circumstances in dicating corruption. Ten republicans and the two farm er-labor senators Joined the demo crats In supporting the resolution. One democrat, Bruce. Maryland. Join ed 33 republicans In opposing it. The roll call follows: ^ Democrats: Yes. Adams. Ashurst, Bayard. Broussard. Copeland. Dial. Dill. Edwards, Kerris, Fletcher, George. Gerry. Harris. Heflin. Ken drick. K.ng. McKeUar. Mayfield. Nealy, Overman. Pitman, Ralston. Ransdell. Reed, Missouri; Robinson, Shephard, Shields, Simmons. Steph ens. Swanson, Trammell, Underwood. Walsh. Massachusetts; Walsh. Mon tana, and Wheeler. Montana—33. Republicans: Yes. Brookhart. Cap per, Frazier, Harreld, Johnson. Cali fornia; ladd, la Follette. Mi Nary. Norbeck and Norms—10. Farmer-labor: Shlpstead. Johnson of Minnesota—i. Total. 47. Repulicans: Nays, Ball, Borah. Brandegee, Burium. Cameron, Colt, Couzens. Cummins, Curtis, Dale. Edge, Fees, Gooding, Greene, Hale. Howell, Jones. Washington: Keyes. Lenroot. Lodge, McKinley, Moses. Oddi*. Pap par. Phipps, Reed, Pennsylvania :\ Shortrldge. Smoot. Wadsworth, War ner. Weller. Willis—S3. Democrat: Nays, Bruoa—1. Total. 34. Others Also Responsible, By Internalloael hews ■still Washington, F>b. 11.—President Coolidgs and members of his eabtnst "must bear full msasurs of responsi bility" with Secretary Denby and si Secretary of the Interior rail for the 'itwalng of thY oil reserve scandal. It was said in ths eenats today by Sena tor R. M- IuiPolletts. republican. Wisconsin, leader of the Insurgents la ths first speech he hae yet made In the Teapot Dome "meee " The oil lease scandal, LaPollette said, was but one of a large number of • raids" on the publle treasury per petrated by a elnlster system of pr! vate monopoly. He urged the dlemlaeal of every public official connected with any of the alleged “steals,'' the criminal punishment of all "bribe takers" and the "enactment of new lawe to throw a stronger cloak of protection around the public domain." Senator Cousena. republican of Mlrhlgan, Joined the oppoeltlon to the ouster resolution •T submit that a reasonable doubt exists as to whether Secretary Denby was authorised to lease the reserves ’ Couxens said. "Even if he Is corrupt and dishonest, which he Is not. he should be given a decent chance to reply to charges made against him " Couxens warmly praised Denbj s war record as Indication that ha has lha best Interests of the country a* heart. By IndmtWimi New* Service, Washington, f>b. II.—HeHef tlis Kdwin Den by will not resign as sec retary of the navy—at least for the Mine I'Sing—even should the senate formally demand his resignation, was strengthened here this afternoon, fcl lowing a conference between Prest dent CooHdge and Secretary of W ar Weeks, one of the president s closest political advisers. Weeks lunched with the pres: lent at the White House, and it is under stood the whole oil ieising matter was gone over “I don't believe.' sv'd Week* later, “that theie will be any cabinet resig nations for the present. Of course, 1 speak for myself, and not for the president.