wS1 The < imaha Corning Bee
warmer Friday and extreme ra.t portion; - hot wren tile thing* you fan get aittl
roolrr Saturday. _ wonting the things you ran1! get. anti
nnwr rrviTtnn ' 11 ' - 111 ' ' —■ ■ 11 - —:"J ■■■ -- ' " — He leaves It to you to use your sense.
HOME EDITION VOL. 53. NO. 293. OMAHA, FRIDAY, MAY 23, 1924. *** TWO CENTS'* _-hi. John Vrvine
^_ _2By Mall (1 Year): Dally and Sunday. 15: Sunday. 12.50, within the 4tfa »one. Out tide tha 4th Zo.ia (1 Year): Dally and Sunday. 112: Sunday only. IS.
I. I
Kidnapers
Brutally
Slay Boy
Chicago Latl Murdered Before
Father Has Opportunity of
Paying $10,000 Ransom
Demanded.
5,000 Police in Manhunt
Chicago, May 22—Kidnaped and
held for a $10,000 ransom, and
murdered when the kidnapers be
lieved their plans were about to mis
carry, the nude body of Robert
Franks, 14-year-old son of Jacob
Franks, millionaire Chicago manu
facturer, was found In a swamp on
the South Side today with the head
crushed and the body stripped of all
means of identification.
At the time the body was found,
the parents, unaware of the fate of
their son, were awaiting a visit from
the kidnapers in order to turn over
the money to them, having followed
the instructions of the abductors to
the letter, even refraining from noti
fying the police.
Tonight one of the greatest man
hunts in Chicago's history was under
way, with more than 5,000 policemen
and detectives scouring the city in
the search for the slayers. Despite
the slim clues, it was reported that
arrests were imminent.
Slayers Show Cunning.
A certain cunning was shown by
the slayers, for after divesting the
body of clothing they adjusted a pair
of spectacles which were found in
place when the body was discovered,
■jhis fact disarmed any suspicion of
the Franks family that the body of
the youth found crammed Into a cul
vert in a swamp was that of their
son until hours after the body had
been recovered, when an uncle of the
youth went to a morgue and made the
identification. The father, still wait
ing for the abductors, refused to be
lieve the slain boy was his son until
he bail made a personal Identification.
Young Franks was last seen alive
yesterday afternoon about 3:30. when
lie left several companions after uni
piling a ball game at the Harvard
school, a private institution in an
exclusive South Side residential dis
11 let. where he was a pupil. He told
companions that he was going home.
The "parents, alarmed over failure
of Robert to arrive home, communi
cated with the school authorities and
an unsuccessful search was started,
but at 10:30 the first Inkling of the
boy's fate reached them.
$10,000 Demanded.
Tills came In the form of a tele
phone call to the Franks’ home from
a man who said his name was John
son.
"Your boy has been kidnaped," the
man told Franks without hesitation.
"He is here with me and is all right.
1 will call you later and let you know
what you must do."
Refore the Informer could be ques
tioned, the receiver clicked. At 8:30
this morning, Mr. Franks received a
special delivery letter from the kid
napers which had been mailed In the
downtown section at midnight.
"Your boy is safe,” the letter said,
"and you need not worry. Rut if you
let the police know, we will kill him.
If you have already informed the po
lice, do not go any further.
"We want $10,000 ransom.
"We will telephone you today at 1
o'clock. Then we will give you all
necessary Information as to how you
are to put the mdney in our posses
sion."
Seeks to Trace Calls.
The letter asked that Franks have
in readiness $8,000 in $20 bills and
$2,000 In $10 bills in a plain white
wrapper. Following receipt of this
letter, the father made arrangements
to have the telephone cnlls traced
when the abductors called to give him
further information, although Mr.
Franks Insisted on going ahead with
plans to turn over the money. This
order to the telephone company was
■ uncelled. however, when a friend of
I lie Franks Informed (hem he had
overheard operators talking about the
(Turn to r*«e> Two. Column One.)
We Have
With Us
Today
ft. Duffield Mitchell,
\**i*tant Revenue Solicitor.
Washington, II.
It la part of Mr. Mitchell's business
t,i see to it that all corporations pay
their just taxes to the internal rev
enue. bureau.
lie i« one of^tlie few solicitors em
ployed In tills bureau to do this kind
of work.
Mr. Mitchell ia specially assigned
to an Important tax ruse in Omaha
today which involves a half million
dollars.
His work is entirely different from
that of the ordinary assistants to the
United States attorney general.
Mitchell oflen is required to work
late into the night on briefs and In
various tax coses. Rut he frankl)
admits he likes hard work am
Omaha, loo. He was much Impressed
with the people of this westerr
country.
Mr. Mitchell supervises all hrlefi
snd pleadings In civil lasrs. lie Is g
niiilve of Philadelphia and has beer
in the federal servics two years
Robert Mantell Refuses to Open His Show Here;
Balks at Non-Union Labor at Brandeis Theater
-® - ®
r-;- \
American Wife Obeys
Husband Before King
By I'niverMil Service.
Madrid, May 22.—For the fifst
time a royal command has been
disobeyed, and by an American
woman.
Through the agency of Am
bassador Alexander P. Moore,
Mrs. Arthur J. Willson of Phila
delphia, a society woman who is
a noted amateur singer of Span
ish and Russian songs, received
a command to sing before the
king and queen of Spain
Simultaneously, however, Mrs.
Willson received a cable from her
husband in America, saying in
substance, “Come home, I am
lonely.”
Without hesitating, Mrs. Will
son chose hubby before royalty.
_!_J
Secretary Mellon
Urges Coolidge to
Veto Tax Measure
President in Dilemma of Dis
regarding Secretary's Plea or
Faring Rejection of De
mands by Congress.
By Universal Service. *.
Washington, May 22—Secretary of
the Treasury Mellon went to the
White House this afternoon and
urged President Coolidge to veto the
tax bill when it reaches him next
week.
Sentiment among administration
leaders at the capltol was that the
president should sign it, notwith
standing the secretary's objections.
Predictions were freely made that if
Mr. Coolidge should veto the meas
ure, both houses would vote to over
ride by large majorities.
The president thua finds himself
placed in the dilemma of having to
disregard the recommendatio'n of his
fiscal officer or face another rejec
tion of his demands by congress. The
confident belief in the senate and
house Is that he will reluetantly and
regretfully act contrary to Mellon's
advice.
The futility of attempting to kill
•he legislation by veto seemed quite
obvious today. All factions In con
gress vied with one another in ap
proving the bill and claiming credit
for it.
Little Opposition.
All indications were that there
would be virtually no opposition to
adoption of the conference report in
either branch.
Senator Smoot, in charge of the
legislation in the upper house, said
he would submit the conference re
port tomorrow. It then must lie over
a day, under the rules. He will call
it up Saturday with the confident ex
pectation of obtaining final approval
before adjournment Saturday eve
ning.
Only a few hours are expected to
be consumed in putting the report
through the house. Representative
Ureen o'f Iowa, in charge, said the
vote would be overwhelming.
In any event, the bill will be be
fore President Coolidge by Wednes
day. He will refer it to Secretary
Mellon for an opinion, but under the
circumstances this will be a mere
formality and should take little time.
The president's decision may be
known by the end of the week.
Outlines Views.
Secretary Mellon's strong views In
opposition to the bill were outlined
at the treasury early in the day.
Later he went to the White House
and was closeted with the president
for half an hour. When he came
out he told newspaper correspondents
that he had repeated to the execu
tive what he had said to the corre
spondents this morning.
The secretary regards the hill as a
"most unfortunate piece of legisla
tion."
The secretary Is vigoVously opposed
to the proposal that (lie names and
addresses of taxpayers, with the
amounts of their taxes, be available
to public Inspection.
As to the revenue producing phase
of the question, So .rotary Mellon be
licves It will bring a serious deficit
that will compel an entire reorganiza
tion of the treasury!* fiscal program,
involving new financing and new Is
sues of securities, with consequent
disturbing effect upon the financial
market.
London Police Will Test
Broadcasting Automobile
By Inlvrnuil Nervier.
London, May 22.—London police to
day put into commission a broadcast
ing automobile from which officers
may broadcast descriptions of wanted
persons while moving at top speed.
The forepart of the car is open,
accommodating police officers, while
the rear Is enclosed and contains pow
erful wireless apparatus which will
enable two operators to reach any
Atlnntlc liner as well as communicate
with Scotland Yard.
American lo Take Part in
Salzburg Music Festival
Vienna. May 22 -Ashley Burnett
F’ettls, American pianist of 1-inn Fran
cisco, iiaa been elected to Intrrprei
American music in the nig music fes
tlval at Huliburg scheduled for Au
gust
Famous Shakespearian Actor
Piqued at Strike Here—
Cancels Four En
gagements.
Sutphen to Bring 'Suit
Robert B. Mantell, the Shakes
pearean actor, refused to open at the
Brandels theater Thursday night be
cause the stage hands at the theater
were out on strike.
The actor's cancellation of his
three-day engagement was followed
by an announcement from Joy Sut
phen, manager of the 'theater, that
he would bring suit against,the Man
tell-Hamper company for the the
ater's share of the receipts for the
four performances advertised.
While playing in Lincoln Wednes
day Mantell was advised by the busi
ness agent of the Omaha stage hands
union that the Brandels theater stage
crew was out on strike and that the
union men with the company would
not be permitted to work with the
men who had replaced the union
crew at the theater.
Sutphen advised Mantell that his
crew had staged the performances of
Kthel Barrymore. “The Old Soak'
and “The Bat'' since the union crew
had gone on strike, and he also said
that his theater crew would unload
and load the company's baggage cars,
work usually performed by the road
crews.
Mantell. however, said that be
cause his company stage hands
would not be permitted to work he
would not give the four perform
ances scheduled for Omaha.
Sutphen said he would bring suit
for the theater's share of the re
ceipts on the grounds that the theater
had complied with every term em
bodied in the contract, but that the
Mantell company had refused to
carry out its part.
"The suit," said Mr. Sutphen,
“probably will attract wide attention
because if the Mantell action is main
tained it would give a road company
the right to cancel an engagement at
a theater on a few hours’ notice sim
ply because the employes of the the
ater do not belong to the same union
as employes of the company. If car
ried to extremes it would result in a
condition where road companies
could not play because the ushers in
the theater did not belong to the
same union as the song book boy
with the company."
BANDITS STAGE
DARING HOLDUP
Ash Creek, Minn,, May 22.—Three
men, garbed and accoutered as tele
phone linemen, were sought today tie
tween her# and Sioux City for the*
daring daylight holdup of the State
bank of Ash Creek, which netted them
$i>00 In cash.
The bandits drove up to the hank
in a travel-stained touring car wjille
passersby on the street were in view;
two entered into the bank In leisurely
fashion, while the third remained In
the car. Hater they came out and
drove quietly away.
Half an hour later It was found
that the cashier. George Hadue. who
was alone in the hank when the ban
dits entered, had been forced into the
vault at the point of r pistol.
All available cash was taken from
the bank and Hadue was left locked
in the vault for half an hour before
his cries were heard by customers
arriving at the bank.
POSSE CAPTURES
JAIL BREAKERS
Grand Island. Neb, Mny 22.— Fol
lowing up a report that two strange
men had been seen making for the
Martin ran ;h In the Platte valley,
near ediapman, Sheriff Palmer and
Police Chief Campbell of Grand
Island tonight captured Harry Bran
non and Ployed Bains, escaped con
victs. Brannon and Rains obtained
their liberty from the Hall county
Jail Wednesday night by attacking
and overpowering the Jailer.
As the officers approached the farm
house in their automobile, tliclr lights
went out. They drove on In darkness
and went to a window and looked
In. The two fugitives were eating
supper, their guns beside them The
officers "covered them and handcuff
ed them, returning the pair to the
county Jail late tonight.
Mexican Official- Deny
Report .r>0 Chinese Sluin
Nogales, Hob ora, Mexico, May 22.
Mexican officials here tonight dls
counted unverified reports to the ef
feet that BO Chinese hail been slain
In clashes with bandits declared In
advices to bo menacing rani li owners
south of the International boundary
Minor attacks occurred In I he vicln
tny of Cananen. according to offl
dais, but they placed no credence In
the report received at police head
quarters that there had been blobil
shed.
I hratrical Producer's
Wife to Sue for Decree
By I’nltfMMil Rfrtlr/.
Phrl«. May 22.- Kxchinlv# theatri
«nl circle* here are utirred by the fc
l>t>rt that Mr*, rharle* ft. I tilling
limn, wife of the New .York producer,
will shortly apply to the Purl* rrpirtw
for h divorce on the tfchnlcnl ground*
of desertion.
According to expert* her*, thU
year * crop of American divorcee* n
Uk*l> to b« th* biggaai on record,
Aged Couple Are
Arrested Again
for Bootlegging
Charles ^ ester gaard, 73. and
Wife. 7(). Charged Vi illi
Illegal Sale for See*
ond Time.
Charles Westcrgaard, 73, and his
wife, Mary, 79. 1036 South Twenty
third street, who declared when ar
raigned before Federal Judge Wood
rough on a charge of bootlegging
April 12 of last year, that they were
"reformed,” were arrested Thursday
afternoon by Robert Hamardtck. They
were released on $2,000 bond after
being charged with illegal possession
and sale.
When the pair appeared before the
federal judge the woman took all the
blame on herself, declaring that her
husband had been ill for years and
that bootlegging was the only means
they could employ to pay the taxes
on their little home.
Fined 826 First Time.
Judge Woodrough was touched by
the pathetic story and fined the little
old woman $25 and her law breaking
spouse $1.
"Why don't they quit It when they
see It's no use trying to get away
with It?" aasked Samardlck after the
raid last night.
At the same time the police morals
squad was busy and brought In a
dismembered still from 1960 South
Twelfth street on a "John Doe" war
rant.
The boiler was found in a subcellar,
the coll in the rafters above the cel
lar, the air pressure tank In a garage
behind the house and other parts of
the still were located about the
premises, according to officers. A
small quantity of liquor was retained
as evidence, and the rest destroyed.
Raiders \ll Busy.
Minne Wright, 824 North Twenty
third street, was arrested by the
morals squad and charged with il
legal possession and sale. She was
released on $600 bond. Henry llaman,
1815 North Seventeenth street, shared
a like fate.
The sheriff's office also secured a
still, 50 gallons of liquor nnd arrested
Otis Grady, 1125 North Twentieth
street.
M0R0SC0 DENIES
HE COPIED PLAY
New York, Mny 22.—Oliver Moros
co. theatrical producer and play
wright. denied on the witness stand
today that he had used any part of
Mrs. Grace Fendler's manuscript of
"In Hawaii” in Richard W. Tully's
play, "The Bird of Paradise." Mrs.
Fendler Is suing Mr. Morosco and
Mr. Tulley for an accounting and In
junction,* charging plagaMsrn from
her manuscript.
Frederick Russell Burchstn. sn Af
rlcan explorer, testified to furnishing
Tully with descriptions of Hawaiian
life as material for his play, but said
that he did not recognize any of this
material in the play.
Oil tdoors
Has Inning
at Capital
Coolidge Makes a Plea for
Greater Enjoyment -of
America’s Play
grounds.
Bird Protection Urged
ll\ Aonociiitrd Pr#***.
Washington, May 2'.’.—Beasts, birds,
fish and the wide open spaces were
given the ixjsition of spotlight promi
nence in the national capital today,
other issues before the government
heads being subordinated to permit
the outdoor movement launched by
President Ccoiidge to gain momen
tum through tht national conference
on outdoor reel cation which opened
here at his call. »
The chief executive left the White
House, despite advice that he should
refrain from speaking until his cold
is dissipated, to address the confer
ence, and with him came cabinet of
ficers. members of congress and oth
ers occupying higli offices to hear
authorities discuss ways and means
of protecting the nation’s wild life amf
to encourage the people to greater en
joyment of the outdoor playground,
fresh air and sunshine.
The chief executive appealed for a
co-ordination of "our national re
sources and opportunities’’ in a way
that would better open them to peo
ple. He drew marked applause when
he declared, "too much emphasis can
not be placed on the effort to get the
children out of the alleys and off the
streets, into spacious open places
where there Is good sunshine and
plenty of fresh air."
Need Outdoor Life.
"I am not trying to recommend one
above the other," Mr. Coolidge .said,
describing the advantages of various
forms of >port and games. He added,
however, that "I am trying to point
out the rational value which would
accrue if there were an organized, in
structed and persistent effort to
brihg these benefits to the people at
large."
Applause greeted him again when
he declared the people "in our Indus
tries need an opportunity for outdoor
life and recreation no less than they
need Opportunity for employment."
The conference was opened by Sec
retary Wallace of the Agriculture de
partment. acting as honorary chair
man, but then was turned over to
Assistant Secretary Roosevelt of tho
navy as permanent presiding officer.
In attendance of the opening sessions
were representatives of 115 organlza
tlins of nation-wide influence.
Secretary Roosevelt's first setion
was to appoint 17 committees, which
he changed with determining ways
(Turn to l’itga Two. Column Two.)
PRESIDENT GETS
JAP BARRIER PLEA
Rr I ni\rr«al Hrrvlc#.
Washington, May 22—Japan alone
is to blama for the hurt to its pride
caused hv enactment of the exclusion
bill, President Coolldge was toid to
day by V. S. MeClatchy of California,
representative in Washington of or
ganizations which have led the fight
for exclusion before congress.
Medatchy sent e letter to the
president giving a number of strong
reasons why the Immigration hill
containing the exclusion clause should
be signed. He pointed out that the
exclusion of aliens ineligible to citi
zenship has been a national policy for
over 40 years, and Japan, by object
ing to Its application to Its nationals,
brought all the trouble upon Itself.
The letter also set forth that adop
tion of any of the proposed method
of delaying the exclusion measure
was unthinkable.
Five-Day la Ordered
for Hurlington Shopmen
Aurora. HI.. May 22.—Orders were
receixrd today nt^ the local shops of
the Burlington railroad to reduce the
xvorklng schedule to five days a week.
Similar order*, it Is understood, havsj
been sent to all shops on the system, I
Jurors Pled jje Beauty Blindness
C J
Each Talesman in Case of Pretty Woman Slayer :
Declares Pulchritude of Defendant Will Have
No Effect on Verdict.
V-—-—___A
By I nltfrutl See, Ire.
f'hlrago, May 2'-’.—Justice must hr
blind to beauty. And Justice. person!
fled In the Jury which was being as
setnbled today to try Mrs. Ileuluh
Annan, declared it is willingness to
view In the pretty woman only the
slaver of Harry Knlstedt.
•’Would the fact tlint Mrs Annan
Is beautiful make any difference In
your verdict." Prosecutor Mcl.nuati
lln asked every talesman.
And every man answered In the
negative.
The defense, too, made the plea
that only .fustier lie dyne, regardless
of the accused's pretty face
"We do not want this woman freed
because she Is pretty," W illiam Scott
Stewart, attorney fot Mrs. Annan, do
dared.
"W'r want Jiistlcc done, and lustlcw
will free tilts woman. Ivulstedt Is
dead and Mils woman killed him, but
"he allot 111 self defense. That will he
our defense, not hei Iieauty."
Several talesmen were challenged
and excused from jury duty because
•hey admitted prejudice against drink
lllg.
Mrs. Annan killed Kalatedt, a
Minnesota youth, several mouths ago
after a drinking orgy In her apart
ment. Knlstedt. whom she had lash
ed Into the fury of jealousy to test
Ills love, threatened to lenvo her,
‘I'hey wrestled for her revolver, she
said, and lie was killed. For two
hours she held a lone vigil over his
body, playing the phonograph to keep
neighbors from heeomtng suspicious.
I liable to stand the strain am longer,
she called her husband and notltted
the police.
Tomorrow the actual heating of
testimony will begin. The trial has
been postponed several times he
calls* of Mrs Annan's tllue: -i She
I* aoon to become a mother
t
I
5th Ballot Makes
Titus Lowe Bishop
■ I "V jn. . ■«
!J?ev. Titus Lowe
Dr. Lowe Among
Four Methodist
Bishops Named
Dr. George Miller. Dr. George
Grose and Rev. Brenton
Badley Other Three
Elected.
B> l ni\rr*al h#rtIff.
Springfield, Mass., May 22.—Four
bishops were elected today in the
Methodist general conference They
are:
Dr. Oo..:ge Ames Miller of Pari
ama.
Dr. Titus Lowe of Nebraska.
Dr. George Richmond Grose.1
G reel least le. Ind
Rev. Brenton T. Badley of India.
Dr. Miller who is superintendent
of the Panama mission, was elected
on the fourth ballot by 570 vote*.
Doctors Lowe and < 1 rose both were
elected on the fifth ballot, receiving
594 and 564 votes, respectively. Dr.
Lowe, formerly of Omaha, is secre
tary of the Itoard of foreign missions. 1
while Dr. Grose is president of the
DePauw university.
Rev. Mr. Badlej. who Is secretary
of the India centennary movement,
was elected on the sixth ballot and
received 532 votes.
This leaves one more bishop to be |
elected. A ballot was taken tonight,
the result to tie announced in thei
conference tomorrow .
The bishops who have been elected
will be assigned to areas in the for ]
eign fields. This matter will not be i
settled until late in the session.
The c onference rejected the minor
ity report on the reorganization of
the benevolence boards of the church
by a vote of 465 to 292. This, in spite
of the fact that Dr. George M Fowles
of New York, treasurer of the board
of foreign missions gave figures to:
prove that he could effect a saving
of $750,000 a year by the adoption of
the "commission" plan.
Much Interest awaits the report on
war by the "committee of 13." It
will not be a pacifist report, it is un
derstood It will decry war to the
limit, but will recommend loyalty to
the government.
A radical report on divorce was
agreed to by the committee on the
state of the church. When it conies
to ttie conference it will allow minis
ters to use their Judgment in a sec
ond marriage by divorced parties.
South Presbyterians Holtl
to Fundamental Doctrines
Kan Antonio, Tex . May 22.—The
Presbyterian church of the south
stands today on all the fundamental
doctrines to which It has clung
through several generations of
church history as a result of de
visions of the 64th general assembly,
which closed here today. Commla
doners returning to thetr homes to
night expressed gratification that the
church had refused to recede fron.
any of Its doctrines and that It stood
among the churches of the I’nlted
States without s single rift in Its
Wliefs.
r t
Restaurant Ouners
('base One Suspect;
Secotul Enters Place
vP
While Alex Pickier and John Pin
towsky. proprietors of the I'nrle Sum
restaurant, Thirteenth and Ikmitlai
*treels, were chasing John Oates.
Ninth street and Capitol s\enue,
whom they suspect of stealing coal,
down the street, an unidentified man
attempted to rifle their restaurant.
Patrolmen Hatty, who tried the
door of the restaurant shortly after
the proprietors started on their chase
through the rain, discovered It un
locked fining Inside ha heard a noise
In the kitchen. It* called, hnt got nr
answer.
< m< shot from Ills gnu hrought s
scurrying of fret and a shadowy form
disappeared out the hack door, hurt let!
h> three more shots from Hatty f
I gun.
Plntowak' ami Pickier captured
Cali* trier a long those and hronghl
hint to Central station where he tvat
"ttl 'il tor petit larceno. Mattv saw
no more of ht« man ^
•J
Executive Stops Plans
for Execution of Man
Convicted of Murder
Reprieve Halts All Preparations for Ex-Service Man's W alk
From Cell to Electric Chair—Affidavits Pre
. sented to Governor by Hugh O’Neil
Attest Innocence.
Case to Pardon Board June 10 for Reviewing
ftfierial Dispatch to Tli* Omaha lire.
Lincoln, May 22.—Governor Charles Bryan late Thurs
day granted a reprieve until after June 10 to Walter Ray
Simmons, convicted of slaying Frank Pahl, Spencer garage
man, May 14, 1922, and sentenced to die in the electric chair
this afternoon.
For days and weeks Simmons has waited for the action
of the governor or some court of the state that would make
it possible for him to slip by the grim chair that stands in
the hospital ward of the prison. Ever since his conviction,
and before, he has pleaded his innocence and, lately, he has
plead for a chance for life in prison rather than the harshest
sentence in the power of a Nebraska jury to impart.
Well, you can tell the world I’m
more comfortable than I was two
minutes ago,” said Simmons, noncha
lantly. Deputy Warden Dan Kava
naugh had Just told the convicted
slayer of his new lease on life.
Smoothshaven, dressed in prison
jeans, light shirt, with collar band
turned under and smoking a cigar,
Simmons smiled a smile that was
clearly from the heart.
His stoicism, maintained through
out the two-year fight for his life,
coupled with his remarkable faculty
for hoping against hope, has gained
new strength by the eleventh-hour re
prieve.
"What's the use to worry.” he
philosophized. "I know I'll get out
of this, but if not, I'll take it grace
fully.”
Meantime the condemned man sit.-' ]
calmly in his cell reading newspapers!
tonight, confident he will somehow
win out.
Inside the prison walls all is silent
tonight, save for 4he chug chug
chug of the power plant engine* that
generate the electricity that was to
have sent him into eternity on the
morrow, •
William S. Gilbert, professional
executioner, is speeding toward Lin
coln from Trenton, ,\, J.. not know
ing of the governor's reprieve
And up in Montana a 3 year old
babe atitl has a daddy.
That Is. until June 1"
Into Many Court*.
Into every court poss.bie in the
state went Simmons' attorneys, plead
ing '4or new trials, writs of habeas
corpus and writs of error. In every
court their appeals have been denied.
At least there were but three ave
nues open to the condemned man.
Filing of an original suit in the
United States district court, filing of
an original suit in the United Suite
supreme court at Washington, and a
reprieve by Governor Bryan.
One hope went glimmering Wednes
day, when Federal Judge J W Wood
rough heard the plea of K P.
Holmes, one of Simmons' attorneys,
at hia home in Ralston and refused to
allow an original action to be filed In
his court on the grounds that the
ease belonged in the court of Federal
Judge Manger at Lincoln.
Washington was so far away that
all consideration of attempting to file
an original suit there, in the time
that was left after the final denial
of a writ of habeas corpes was de
nied. was abandoned.
Four New Witnesses.
Then four new witnesses were
found to substantiate two new facts
Mrs. Frank Pahl. wife of the slain
tnan, was said to have known that
her husband went to visit in Holt
cotinty on the night that he met his
death. She was said to have tele
phoned to the manager of the tele
phone company asking w-here her
husband could he found.
The other new- fact concerned a
meeting, near midnight, of a witne
and three men who were in company
with Simmers and Pahl on this
night.
Witnesses *atd that they did noi
wish to testify at the trial and there
for had aald nothing of what they
had aeen and knew
Horace l^nefin. William Wabb*
H. B. Black and Hugh O'Neil were
the four witnesses called. As soon
as Governor Bryan announced that
he would hold a public hearing In his
chambers on the appeal for a new
1 hearing of the case by the pardon
' board the four men were called.
Stale Officers Testify.
Charles Matson, Lancaster county
county attorney, special prosecutor in
the original Simmons hearing Vs-.-t
ant Attorney Generals Dort am
Ayres, Tom Carroll, state sheriff, tvvc
deputy sheriffs and Joslah Cismihs
one of Simmons' attorneys, w.-ie call
ed to the room with the witness, s.
Kaeh of these men whs asked by
the governor to tell what he knew
of the reputation of each of the wit
nesae* who had signed affidavits.
Matson outlined the arrest and trta
The Weather
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Precipitation. inch** m\<1 hw*i«lr#dU>*
Tout oo tot At ttnr* JATiuar) t I to
»lcft t*tu). f it.
Hourly Trttiprrut tire*
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11 A TO. . 4>o T p tv
H noen 41 I r to
of Henefin on a charge of knowingly
having purchased stolen automobiles.
Henefin was found not guilty of this
charge. The deputy sheriffs testified,
however, that the motor cars found
in Henefin's possession at the time
of his arrest were stolen and have
since been returned to their owner*.
The officers testified that Henefin
was known to lie against law enforce
ment of all kind and had been known
to use harsh and abusive language to
ward the law and its representative*.
They also said that the affiant was
known to manufacture a brand of
liquor known in Holt county as
"Three Star Henefin."
Affidavits Questioned.
O'Neil. attorneys appearing
against the affidavits said, was the
man who had presented the affidavit*
to the governor and was know* to
he Henefin's right hand man in ail
dealings. They added that in the
trial of Henefin he had been interest
ed In Henefin "and not in the in
terests of the state."
A charge of cattle -*te*lina^r£ge>
. :,st Mramons just befoi^PBM^w
r-«t f -r tC murder of i'thi,1 also
rehearsed 1 by the attorneys. H. B.
Biacfc was also said to have bee* a
s*rong witness for the defense in* the
trial of Henefin.
The question of why, if the con
tents of the affidavits were bona fide,
were they not presented earlier, arose
and look the renter position of tho
debate, which listed from the middle
of the forenoon until after 2:30 Thurs
day afternoon.
Many Ask Reprieve.
At the end of The hearing Governor
Eryan announced that he would grant
a reprieve until the next meeting,'.of
the pardon board if he could do> so
legally. Telegrams from orcan.aa
tions in all parts of the state had
been pouring into the governor’* Of
fice all day. People who had taken
no Interest in the case while the evi
dence was being presented, had sud
denly lecome deeply interested in
whether or not the condemned naan
should die.
Shortly before 3:30 word was sent
|to the governor's office from the at
torney general's office that a reprieve
at this time would be legal. A few
minutes later the reprieve was grant
ed and Walter Simmons was given *n
other chance for his life.
!Former Nebraska Convict
Now in Colorado Prison
Part Morgan, Colo., May 23.—Saw
I Williams. 43, a former inmate of tho
I Nebraska penitentiary, was sement*4
by Judge Stephenson in district court
here to serve five to seven years in the
i state prison at Canyon City, VVillians*
I pleaded guilty to i charge of coaling
I automobile tires from a shop In Fort
Morgan
__ .i mbs—-r-rr*
f
Summary of
7 he Day In
Washington
The McN'arv Hauge® bW was de
bated In the house ,
The Whetler imlktnKftt drew ;h«
donate inti' another day ef dehale.
It was indicated that Secretary
! Mellon would recommend a veto of
I the tax htH.
I President Ooolidge addressed the
Nat. rial R- .•.•at.cn .inifeirnee
which he called.
Oklahoma Pled in the supreme
j court a protest against the lwport
of the Texas Oklahoma boundary
commission
■lohn W. 11 Orim. special asslrt
ant to the attorney general, defend
ed the integrity of Harry M.
Dougherty before the Daugherty
committee
Ratification of the liquor treaty
with Great Britain was completed
I at the Plate department and it was
declared in force hy presidentid
proela mation
A cenpoultt plan for American
adheretue to the world court was
1 laid before the senate in a resold
I thin drafted hy Senator Pepper, re
publican, Pennsylvania
'j Recommendation that the Pitts
I burgh plus stool price fix.ng plan
J he abolished w as m ole to the fed*
I era! trade commission in a brief
l filed hv tlie cci-uphn-tow'i aticrWy,
11 Seciwtary AVlIhttr to a report tj
j 1 lie hou-s n.iv >1 ,-cinniiltec saht tips
l| comparative strength of the RrH>
* ish America® and Japanese navi**
,-j appealed to ty ves restively ill