The Omaha morning bee. (Omaha [Neb.]) 1922-1927, November 25, 1924, Image 1

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    n=™n The OMAHA \! < iRNING ! ?EE
_ _and \ Ignroti*.—Lord Levtrhulme,
[ CITY EDITION J V()1; 54^NO, )4U, " OMAHA, TUESDAY, NOVEMBER 25, 1924. TWO CENTS1* <gf.**e»M SgiMj.*"* 1 -'
Detectives
Search Ohio
Parsonage
Blood Stains and Other Im
£ portant Clues Found in
Probe of Sheatsley
Death Mystery.
Acid Bottle Discovered
B.v JOHN A. MOROSO,
t'fdvrrsal Service Staff Correspondent.
Columbus, O., Nov. 24.—The first
practical step in the work of solving
the mystery of the death and incin
eration of the wife of the Rev. C. V.
Shentsely a week ago today In the
parsonage of Christ Hutheran church
in the fashionable Bexley suburb,
was made today when Prosecutor
John R. King, two detectives, l>rs.
T.ong and Brunduge, chemical and
pathological experts and myself made
n careful search of the house front
top to bottom.
The results:
In. the cellar, near the furnace
where the body was almost wholly
destroyed, was found a pair of blue
trousers of a size that would fit a
glowing young man. these trousers,
especially on the pocket linings were
heavily stained a rusty red. The
stains were comparatively fresh and
seemed to' have been made by blood.
Clear Finger Prints.
On one of the hot air ducts leading
upward from the furnace and just
over the furnace door were stains on
the asbestos covering which resem
bled bloodstains. On the duct to the
right of this were the clear prints of
" three fingers.
On the steps leading from the cel
lar to the pantry was found a pier*
of cartilagenous matter, likewise
stained red.
On a door leading from the pantry
to the back yard and the land In the
rear of the church were found three
red stains and another piece of tissue
or cartilege.
On the rug just below these stains
were other stains, several in the
Shape of large drops. On the side of
the door between pantry and kitchen
^ were two small red stains, showin®
blight crimson on the varnish.
Photographs Marie.
In the kitchen was found a ham
mer such as automobile mechanics
use, and In the basement a short
handled axe.
Photographs were made of the fin
per prints, the bloodstains were cut
away from wood apd asbestos, the
rug and trousers taken for chemical
examination and thus the actual work
of unraveling this baffling mystery
was begun, scientifically.
MATE GREETED BY
SHOTGUN BARRAGE
A gentle light shone forth Sunday
I night from 1026 Fourth avenue, Coun
cil Bluff. Mrs. Anna McKenzie had
placed it there to guide the wan
dreer home. Then she had sat down
beside it with an automatic pistol and
a shotgun.
Some time after midnight the wan
dering mate returned, lie was argu
mentative. She punctuated her re
marks with two pistol shots and a
lu.i!t from the shogun-, according to
po'ice who arrived soon afterwards.
She was arrested and charged with
diunkenness and disturbing the peace
ot the neighborhood, ns well as Mr.
McKenzie's. She was given a 15-day
suspended sentence in municipal
court Monday.
/- ■" ....
We Have
K With Us
Today
Finis Janies (fiarrett,
Dresden, Tenn,,
Congressman.
Mr. (larrc-tt has attained eonsld
enable note as democratic leader in
the house of representatives. He wat
Porn In Weakley county, Tennessee
lie has edited weekly papers in Ten
nessee and was principal of hlgl
schools. He came to Omaha to ad
,lrcss the Advertising-Selling league
flarrett took a prominent port Ir
s the campaign for John W Davis ir
1 the border states during the recenl
campaign. He was the author of t hr
tax bill substituted for the Mellon plar
jn the lnpf rnnciT '*•
j m
Nebraskan Second
in Husking
Tourney
lies Moines, Xov. 24.—Fred
Stanek of Fort Dodge today won
the midwest cornhusking cham
pionship, defeating five other en
tries from Nebraska, Illinois and
Iowa.
Virgil Archer, Benedict, Neb.,
was second; Perle Manslleld, Noka
mis, 111., third; Ben Grimmlus,
Grundy Center, la., fourth; Henry
Neihaus, Nnkamls, 111., fifth, and
Louis Dinklage, Wiener, Neb.,
sixth.
Stanek had a net total of 1,704.8
pounds after deductions of 41.6 for
left over and OS.6 pounds for un
clean husking were made. The
huskers worked in tw-o periods to
talling an hour and 30 minutes.
Net totals of the other entries
were: Archer. 1,548.6 pounds;
Mansfield, 1,471; Grimmius, 1,451.4;
Neihaus, 1,402.4; Dinklage, 1,275,
Neihaus, a 53-year-old farmer,
went through the contest using an
old-fashioned wooden peg.
Stanek received $100 as prize
money.
Extradition for
Koretz Granted
bv Foreign Court
‘‘Oil Swindler De Luxe” to Be
Tried in Chicago—Ar
rested in Halifax
Hotel.
Halifax. X. K., Nov. 24.—Papers
for the extradition of J.eo Koretz.
v anted In Chicago for land fraud
swindling, were granted her* today
ly Judge Wallace tn county court.
The authorities raid Koretz ad
mitted that a prlfua facie case existed
against him in -Chicago, that he
waived all his rights under extradi
tion proceedings and said he hoped
the officers would hurry in getting
him bark to the t’nited States.
Koretz was arrested In a hotel here
last night. He was said to have fled
Chicago last December with a satchel
full of money alleged to have been
procured in illegal land operations.
Koretz did all he eould to expedite
the extradition proceedings and at
his request Judge Wallace drew up
a ‘paper to be signed by the prisoner.
When completed the paper recited
that, while the prisoner admitted
there was a prlma facie rase against
him in Chicago, ho denied his guilt.
Koretz asked that this be eliminated,
which was done and he signed the
document.
By International »ws Service.
Halifax. X. S., Nov. 24.—Sanada's
legal machinery moved swiftly today
to complete arrangements for the »x
tradition of I.eo Koretz, alleged swin
dler de luxe.
The suave Chicagoan who took mil
lions from his friends and eluded ar
rest for nearly a year, spending the
last seven months and many thou
sands of bis plunder in ostentatious
splendor here, was arrested quietly
at a Halifax hotel by Chicago and
provincial officers Sunday night.
No longer as "I.ou Keyte," retired
magazine writer and author, will lie
talk glibly of his friendship with
Z,.\no Grey and other authors of
note.
He will bernme again T.eo Koretz,
now a captured fugitive, whose
greatest exploit in the field of fiction
was the creation of the Bavano Oil
syndicate.
Extradition Sought.
Although proceedings for his extra
dltion will be conducted today, it mav
be two or three days before the Chi
capo officers complete their investiga
(Turn In Png* Jwn. Column Four.)
Gage County Farm Corn
Crop Smallest in Years
Beatrice, Nov. 23.—Samuel McKin
ney, superintendent of the county
farm, is gathering his corn crop and
reports that it is yielding about 12
bushels to the acre, the smallest pro
duction in years. He figures that t]p
has enough grnln for Ills stock this
winter he will be lucky.
Cupid Wins Bound.
"Cupid" Stuhbendorf won a round
from Judge "Cut til" Knot" Huy Sat
unlay.
For on ihnt memorial day no dl
voice petitions were filed In district
court. But "Cupid" aided one giggling
couple to file application w marry.
Stocks Over
Two Million
Tenth Time
PuMic Interest Continues Un
abated, Despite French
Loan, Which Commands
Premium at Once.
50 Issues to New Peaks
Bt Associated Prrss.
New Tork, Nov, 24.—Public inter
est in today's stock market, which
marked the beginning of the fourth
consecutive week of the "hull" move
ment, continued unabated, despite
the counter attraction provided by
the public offering of the $100,000,000
French government loan, which was
heavily oversubscribed, and immedi
ately commanded a premium when
listed for trading on the New York
Stock exchange on a "when issued"
basis.
Speculators for the advance con
tinued in control of the price move
ment in the stock market, but they
encountered stiff resistance because
of the heavy volume of profit-taking
by professional traders who buy
storks "for a turn." and aggressive
bear selling of some of the popular
industrial and railroad issues. Total
sales were 2,014.600 shares, making
it the tenth time since election day
that the 2,000.000-share mark has
been crossed.
Many New Peaks.
Fifty individual issues were lifted
to new peak prims for the year, the
list including Chicago, Milwaukee &
j St. Paul railroad common and pie
ferred. Western Pacific common and
preferred, Pittsburgh & West Vir
ginia, United Cigar, Tobacco Prod
ucts. ( Corn Products, Allis Chalmers.
Fielschmann company, Texas Gulf
Sulphur, North American company,
International Mercantile Marine com
mon and preferred, American Inter
national corporation and National
Cloak and Suit.
Hock Island common was heavily
sold on Chairman Hayden’s denial of
reports that plans for tile merger of
that road with the Southern Pacific
were under discussion, th« stock fall
ing back about 3 points.
Wall street heard more stories
about "killings" In the mnrket, the
latest being that of a prominent mo
tion picture actress who bought 460
shares of American Can before elec
tion and sold out at lit last week,
cleaning up $50,000.
Clerks Work Extra.
In an effort to catch up with the
tremendous volume of work arising
out of the long succession of 2,000,
000 share days, several of the large
commission houses asked their clerks
to work Saturday afternoon and part
of Sunday. Extra pay was provided
in praetirallv all rases, a few houses
giving their employes a special
Thanksgiving bonus of one week's
salary.
Extensive reinvestment of paper
profits converted into cash Is report
ed by many bankers, explaining in
part tile recent heavy turnovers and
liie frequent shifting of speculative
Interest from one group to another.
Floor traders who attempt to catch
swings by jumping in and out of
stocks several times a day also have
added heavily to recent business.
New Kail Statements.
Apart from the publication of ad
ditional October railroad earnings
statements which, as a rule, compar
ed favorably with those nf thp same
month 'ast year, a week-end ad
! vance in gasoline prices in New
England, Bunker fuel nil along the
Atlantic roast, and a stiffening in
pig Iron prices, there was little in
the day's news to Influence specula
tive sentiment. Foreign exchange*
reacted moderately on selling inspir
ed by the Egyptian crisis.
Commodity markets were mixed.
Wheat prices showed aubstantial
gains with the late months selling
at new peak prices on the firmness
of wheat prices abroad and a de
crease of over 1,230,000 bushels In
the domestic visible supply. Corn
prices showed little change. Cotton
and sugar were firmer. <?offee re
acted nearly a cent a pound as a
result of heavy Brasilian offerings
of the product.
Jewelry Store RoIiImmI.
(‘Mraijo, Nov. 24. Hnndit* today
hold up a loop jewelry *toro, obtained
* 4,0(10 in ra*h and Jewelry worth
hundred* of dollar* and onrapod.
City Auditorium An Armed Camp as 600
Roosters Plume Selves Battle
Ha „ L A
— am tnoaan !*
Proml Eagle Sits Bro,a|-j aIKB 30S WJ rd Speetaele
-—White Legliori -UOISIH 33.— __ —s Laid
1,024 Eggs Feature of Poidtry Exhibit.
The city auditorium is an armed
camp this week. Six hundred
roosters stand ready to fly at each
other's throats in defense of their
roosts and hen yards.
Last night there were half a
dozen shadow fights going on at
once. Two black breasted Red Old
English Bantams, dashed at each
other in their neighboring cages,
cursing in poultryese. One, the
property of Frank Judson, presi
dent of the Omaha Poultry asso
ciation, was partlculary violent.
He would strut about and then
make a dash at his antagonist,
causing the sawdust to fly. The
ether, owned by Miss Maxine
Cooley, bravely returned these
hostile demonstrations.
Two Black Cochin Bantams,
owned by J. Clyde Baughman, and
O. L. Hilsinger, spent hours swear
ing at each other and dashing
against the bars of their juxtaposed
cages.
Hens l npertlirhed.
A Buff Orpington and a White
Crested Black Polish snid disparag
ing things about each other's plum
age and made frequent dashes
against the bars.
The hens, paying no attention to
theee demonstrations of their
spouses, posed for admiration or
went about the serious business of
laying eggs.
In solitary state, on a sort of
dais, dwells “Cornhusker Queen," a
White Leghorn hen who, in her
less than six years of life, 1 has
given the world 1,024 eggs and ex
perts to lay another one today.
Down the center of the audi
torium is a whole line of geese and
ducks, filling the air with honks
and quacks.
And in the center of all, alone,
sitting on a stump in his cage, is
a golden eagle, silent, brooding,
evidently humiliated at having to
associate thus with common barn
yard fowl.
Pen of Wild Ducks.
A large pen of wild ducks, geese
and pheasants is a feature put in
by the state fish and game depart
ment. These happy birds spend
their time swimming and combing
their feathers.
Pigeons occupy the stage with
the lontams. There are many odd
birds. Some are as big as chlrkens.
The owl pigeons have no beaks to
epeak of. Trumpeters have long
fathers on their legs. English and
French carriers seem to have
mushrooms growing on their heads.
Altogether there are 2,000 birds.
Including four turkeys who display
an air of despondency, fitting for
the holiday season.
Women to Be
on Hough Jury
Youth Goes to Trial Tuesday
on Charge of Slay
ing Girl.
Sp«M*lal Dlipatrh to Tim Omaha B*#.
Bedford, la., Nov. ^4.—Elmer Mo
Kenny of Herrick. S. D , is here for
the trial of Carl Hough, charged with
murdering hi- daughter, Lillian Me
Kenny, 21. The trial starts tomor
row. .Mrs. M'-Kenny and another
daughter are also here.
Several women will he on the trial
Jury as about half of the jury panel
drawn In district court consists of
women.
,T. .1. Hess of Council Bluffs w ill
r Frist. County Attorney J. B. Locke
in the prosecution and Dirk Organ of
Si- ux City nil! act as Hough's attor
ney.
The county attorney said today sev
eral surprise; will be sprung In the
case The state has called about 45
witnesses.
2 DEAD, 2 HURT
IN PLANE CRASH
Los Angeles. Gal., Nov. 24.—Ralph
If. Jennmon. who learned to fly an
airplane only a short time ago, and
Mina Kuth G. Wilson, are dead, and
Leslie K. Traugher, air service corps
lieutenant, and Hergt Gilbert McMui
rin painfully injured today as a result
«>f a collision between two planes* at
Gulver field, Santa Monica. ltoth
planes were about to land when they
crashed into each other.
Jonnison recently purchased s
small airplane and had taken Miss
Wilson for a trial ride when the ac
cident occurred.
BANDITS HOLD UP
JEWELRY STORE
By International Newt fcerrlre.
Kansas City, Mo., Nov. 24.—Three
armed bandits entered the Burr A
Dunn Jewelry store, in the heart of
the downtown diatrlct. during the
noon hour today, forced three clerks
to lie on the floor, rnnsaek-d the
showcases and escaped with }5n,000
worth of Jewelry.
r—7“-- >
Neighbors Erect
House to Replace
Rurneil Farm Home
_.___'
Broken Bow, Neb., Nov. 21 N'elch
hors of Fred Finley, near Sargent,
gathered at the Finley farm and
erected a dwelling for the unfortu
nate man Mr Finley lost his home
and contents by tire a short time ago.
Youthful Marriage
Ipset by Fathers
Ranrlimen Ask Judge to An
nul Marriage Instead of
Giving Blessing.
Special Pl.patch to The Omaha Bee.
O'Neill. Nab.. Nov. 14.—Dream* of
marital happiness of two Holt county
youngsters vanished when two Irate
ranchmen appeared In district court
here today to request tha annulment
of the marriage of their son and
daughter.
George Barnes, son of K. T Barnes,
owner of s ranch north of Kmttift.
eloped wtlh Frances Slaymaker. 17,
daughter of Wesley K. Slaymaker.
rancher, living south of Stuart. The
young folks went to Bnnesteel. S, D.,
ami were married. That was Novem
ber 8.
When the couple returned home
and sought the blessings of theli |
parents, something which Is always
given In the best work* of Action, J
they were forcibly separated
Frances was taken home. So was i
George. They were told that they j
not onlv could no he married, hut j
that they were not even to see each
other.
Objection*, vocal and physical,
were unavailing. The marriage must
not take.
So the fathers came to court and
petitioned the judge to annul the
marriage. The judge took the Jietl
tlon under advisement and there the
matter has been allowed to rest.
SEARS REPORTS
$1,860 EXPENSE
Washington. Nov, 24-—Tteports on
campaign expenditures filed with the
clerk of the house today Include the
following, by candidates for represen
tatlve:
Nebraska: Democrats, Mnrehend
$1,551: Howard, $508, and Shallen
berger. $78.50. and, republican, Pears.
$1,550.
Hamilton County Corn
Yirlrl 30 Ruohels to Acre
Aurora, Nov. 24.—Much of the
corn In Hamilton county has already
been harvested and the farmers re
port good yields and good quality.
There Is little soft corn In Hamilton
county. It Is estimated that the
average yield of the county will be
30 bushels an acre.
Hurricane Sweep* Norway.
Christiania, Nov. 24 Norway was
s\x*'pt l«\ i htirrhane today whhh
«1rstrnvoil many houses, lev r led whole
forestp nm1 sent many fishing rrnft
fo dost motion. fU»v#»ral large trawl
• is xxrrr* sunk.
Solution of
Egy ptian
Fight Near
Resignation of Zagloul Per
mits New Ministry to Yield
Further to Demands
of Britain.
Indemnity Payment Made
H- Assnriaterl Press,
Bondon, Xov. 24.—A solution of the
Egyptian trouble which appeared
obvious from the outset, provided an
alternative government to that of
Premier Zagloul Pasha could he
found, which many persons doubted,
owing to the tremendous hold Zagloul
has upon his people and parliament,
now seems in sight.
Having complied wtih those of the
British demands in connection with
the assassination of Maj. Gen. Sir
Bee Oliver Stack, the sirdar, which
his government considered Justifiable
as satisfaction for the murder, while
rejecting those he regarded as un
justifiable, Zagloul has resigned, in
order, as he himself explained it, to
avoid exposing his country to further
dangers arising from the deporable
crime.
This i« taken to mean that the new
Egyptian cabinet will he In a position
to yield still further to the British
demands without suffering loss of
prestige which similar action on the
part of Zagloul would have entailed.
Thus far the situation has sensiably
eased and the British government is
now- disposed to hold its hand for
further developments.
field Marshal Viscount Allenhy.
British high commissioner in Egypt,
however, continued to apply firm
pressure on the Egyptian government
up to the last moment. The big in
demnity—500.0fifi pounds sterling—
was paid today, but payment being
accompanied by another Egyptian
note of protest against the British
political demands. 'Viscount Allenhy
immediately countered by Informing
Zagloul Pasha that British troops
would occupy the customs post at
Alexandria, which later was done.
JURY DISAGREES
ON BANKERS’ CARD
Dtepfltrh to The Omnlts IW.
Sidney, Neb,, Nov. ?4.—A Jury in
district court here which has hoard
I he evidence in the rase against R
K. Rusher, former president of the
Kimball State bank, failed to agree
on a verdict after deliberating T4
hours.
Bushee was accused of having
violated the state Kink guarantee
law In th» matter of excess Interest
on certificates of deposit amounting
to lin.hon.
The jury stood nine to three for
eonvirtion on the final ballot.
CHILDREN SEE
MOTHER SLAIN
Baltimore, Md . Nov. 24.—Mrs. Bar
hara Klein, 4v wan nearly decapi
tated with a razor and then terribly
mult Hated with a flatiron in her home
here this morning While her three
young children watched the tragedy
and no reamed for help In the samr
room.
John Mat Ink. 51, paid by police to
be the father of the children, is held
here for the muni* r.
4 SAFES LOOTED
IN SINGLE STORE
Rochester. X. Y . Nov. 24 —a po
lice dragnet was out today for three
well dressed cracksmen w ho looted
four safes in the McCurdy depart
ment store of $20,000 In cash and
three fur coats after handcuffing the
watchman to an elevator.
Bert Growers Organize.
Pozad, Neb., Nov. 24—Meet grow
era of Dawson county met hero and
organizcil a beet growers* association
Pozad commercial club is backing the
move. The new organization Is
pledged to promote the unity of in
tercets of all beet growers In nil mat
tots pertaining to the beet industry
J. M. Onrum was elected president
and R, K. Dodson s*cretgr\ and treas
urer.
Barrymore’s Wife
Sues Her Accuser
i ■■
Michael Strange, poet mate of John
Barrymore, who asserts the stigma
of play pirate has been placed on her
name by Sophie Treadwell, whose
drama on the life of Edgar Allan
Poe, was rejected by Barrymore,
filed suit recently in New York for
$200,000 against Mrs. Treadwell.
Hundreds Attend
Funeral
for Mrs. Harding!
Cortogr Follows Same Course
Over Which Body of For
mer President as
Borne Last ^ ear.
Marion. O., Nov. 24.— Marion s “trail
of mourning" came into being again
today.
Scores of American flags, each at
half mast, charted the course over
which the body of Warren G. Hard
ing was born* to Marion cemetery
cnme 15 months ago. This afternoon
the late president's wife was carried
down that path to rest beside her
husband.
Hundreds of persons braved the dis
agreeable weather to visit the old
fashioned house where the l>ody of
Florence Kling Harding lay, awaiting
the funeral hour. It is estimated
12,000 persons have been admitted
within the last 24 hours to the home
of Mrs. F. J. Eongshore, niece of
Mrs. Harding, to pay their respects.
Everywhere in Marion, where Mrs.
Harding grew from girlhood to be
come mistress of the White House,
were signs of mouring.
At 1:50 o’clock the funeral proces j
sion left the longshore home for Ep
wnrth Methodist Episcopal church,
two blocks away, where Mrs. Har
ding worshipped from girlhood. Serv
ices at the church were brief, in keep
ine with Mrs. Harding s wishes.
Dr. Je«« Swank, pastor of Epworth
church, who conducted funeral serv
ices for President Harding, delivered
the sermon, after which Rev. George
M. Eandis. pastor of Trinity Baptist
church, offered a prayer. Mrs. Har
dings favorite song. "The End of A
Perfect Day," concluded church serv
! h es. The song was rendered by the
| Odumbus (Q.) Glee club.
Then began the solemn Journey to
Marlon cemetery and to the receiving
vault which contains the hotly of
President Harding. Services at the!
tomb were uf the same brief character
as those at the church.
After a prayer by Dr. Swank, the
body was placed beside that of the|
former president' where the bodies
will remain until the completion ofj
the Harding memorial tomb.
WOMAN ATTEMPTS
SUICIDE ON TRAIN
P.shee. Ariz . Nov 24.—Mr*. Loon*
j Girard of Pittsburg*. Pit . on her way
j to Los Angeles to vtitt her daughter.
! waa hold in rail hare today after ahe
I eacaped frim a hoapltal where ahe
tvaa taken when ahe aiaahed her
throat with a piece of glass. Mrs.
Girard attempted auicide. police said,
while on a train near Dougins. Aril.
The Weather \
v.-y
For 2 4 hours ending ? p m Nov 24
Precipitation. Inches *n<! Hundredths—J
Total, trace; total since January 1, 25 43, j
t.t fit lenry. 4 3:t
Hourly Temperature*.
& am.. ..... 24 l p m *
. 2 4 3 p m . *' t
.. 2«? * p m ....... “2
. 2 7 4pm. j
. 2 s S iv m . • * j
l’i « m .. j* - « ... \»j
1“ noen . n
Decision ot
Munger May
Free Others
_ i
MrGee Prisoners Hopeful of
Release Following Action
of Appeal Court and Fed
eral Judge Here.
70 Now Serving Terms
—■ - ■ i i
A decision w hich may release more
than 60 persons now- serving Jail
sentences on charges of violating the
ISth amendment from Jail from fix
months to 16 months before the ex
pirations of their terms, was handed
down by Judge T. C. Munger in fed
eral court Monday.
The decision tame after hearing
the arguments in the appeal for a
writ of habeas corpus for Mary Pierce.
The-arguments were made during
the morning session of court and the
decision was given shortly after 4
in the afternoon.
Mary Pierce was sentenced by
Judge John F. McGee to serve three
months on each count of an indie
ment charging illegal sale of intoxi
cating liquor. That was last June.
There were three counts in the in
dictment and no specification of how
the sentences should be served was
made.
Follows Circuit Court.
Recently the circitu court of/ ap
peals. in reviewing the case of .Tame'
Iiaucherty against the United States
of America, reversed a decision made ■
by Judge McGee, in which he sen
tenced the man t serve five years 'Cl
eac hof three counts, charing viola
tion of the Harrison narcotic act.
The decision cleared up a point of
law which had been confusing for
years. Heretofore it has been cu*
ternary for the Judge hearing a cas
to sentence the defendant on hut one
count of the Indictment, especially
where a plea of guilty was entered.
The circuit court of appeals held
that it was unlawful to sentence a
person to Jail to serve a sentence on
each of two or more counts, wh'-n
the sequence In which the sentences
were to be served was not stipulated.
In lbs plea to the court, William
Izoveiy, attorney for Mary Pierce,
declared ihat the law would he unfair,
in that? it did not stipulate something
of this kind.
Four Violations.
"Suppose a man i« Indicted for a
r-iminal offense which carries a
maximum sentence of five years in
all and the payment of a large fine
Lovely said. The indictment charges
[our violations of this law.
The defendant knowing his guilt,
en-ers a plea of guilty and the judg
«en.tences him to serve the maximum
>ail sentence on each of the four
rounts.
"After serving say two and one
halts years the circuit court of ap
[uals. or some other high tribunal,
holds that one count In the indict
ment was faulty and that the man
should not have been guilty of that
particular charge.
- llis sentence was worded Just a*
Tudge McGee worded this which 1
now appeal. He was sentenced to
serve four terms of five years each
nseculively. Now which one of
those terms ha* he been serving? If
it were the one which was found
faulty he has served two and one half
years unnecessarily, redress for
which IS denied him. If it were one
vf the other counts no harm has heen
done.
The maximum sentence for sale
if intoxicating liquor is six months
md f 1.006 fine.
There was no stipulation made in
this case as to hou these term*
should he served. My client has
served four month* now. If there i*
v miswording in the case ths writ
should be granted "
Andrew- C. Scott, appearing on be
half of the United States, argues!
ihat the ruling of the circuit court of
ipepals was poor law and ahould he
ignored.
Judge Munger opened eourt for but
i few moments Monday afternoon,
lie took his place on the bench and,
to the assembled attorneys and court
i-t.i -h*--. announced that the decision
if Judge Mi-Gee would he overruled
'll Mary Pierce, the defendant,
tvnulil he released Friday.
M tr> Pierce has been serving her
ntem e in the Dodge county Jail at
Fl-eniont. *
Lowell Smith's Early Life Fitted Him for Nerve-Racking Task of Leading Flight
told nv !.o\vf;ll thomas.
tCnpyrlelit, 19-4*
F'rnm "Silent" Smith to "Smiling
.lack" Pershing, America's Mugellans
of the air had well-nigh run the
gamut of human experiences before
they set forth on the round the world
flight. Their varied careers and color
fnl experiences hud made them n
sourcefiil and hail filled I hem with all
the necessary grit and pluck to tackle
the most difficult and hazardous un
dertaklng ever attempted hy Amerl
n aviators. No doubt It was partly
because of this resourcefulness, cour
„Ke and stamina that they wen- se
lected.
of the six circumnavigators rive
•re of as pure American stock ' * ■ "i
be found on this rontlnenl. All fiv<
•rw direct descendants of the early
colonists from Brltsln. One Is a dr
i eeend*nt Of the Pilgrim Father*
crossed on the Mayflower. Another
a a descendant of Daniel Boope, Two
come from fine old southtern fam
ilies. The fifth Is a descendant of the
sea captains of the Ponnectlcut coast
who commanded fhe tea. dippers and
whaling schooners in the days when
America’s merchant fleet was con
spicuous on every sen.
Only one of the nix Is a naturalized
American, and he. appropriately
enough, Is a desrendant of the
Vikings, the most picturesque navi
gators and sea rovers In all history.
Three of the six bird men who
manned tin* first fleet of aerial world
cruisers ran away from borne when
tiny were youngsters find did every
thing from sailing around the world
before the mast and playing hazard
ous parts In motion picture produc
tions to serving under Pancho Villa,
the rebel bandit of Mexico,
Smith Becomes leader.
After the world cruiser Seattle had
crashed and fallen a twisted mans of
wreckage amid the mountains of an
uninhabited region on the Alaskan
peninsula, eliminating Mat. Frederick
H. Marlin and Sergt. llva Harvey
from the flight, Lieut. Howell Smith
became the leader of the expedition,
been use lie happened to he the senior
officer.
Hut all six of the remaining flying
lieutenants adhere tc, an aerial code
of fic»* masonry that put* them on an
equal footing in the light of history.
So in introducing them it is only
l ight th it We should do ns they have
clone* and not stand on ceremony hut
merely ievlew their prcviotia < treer?*
In a Hoit of hapliM/.ard fashion.
I descendant of Ihmirl lloone.
T/ieut. Lowell Smith, commander of
the men who completed this L'tl.tioo
miles of aerial flight s round the
globe. Is the one who Is descended
from Daniel Boone.
Although his father and mother are
1
Pnllfornlans bv adoption their rein
lives on both sides of the family were
among the poneers who fought the
Indians, built log cabins, and cut lit
tle clearings out of the virgin forest
In what is today the stats of Ken
lucky.
Ills greatgrandfather was a stul
wart backwoodsman of the Koo*e\<|
linn type, who wore a coon skin cap.
curried h long barreled flintlock, wore
a horn of powder at ills l»«dt, and was
the father of IT children. Coming
from smh stock it's net surprising
that "AllenI" Smith had the stulf to
< nable him to pilot a squadron of all
planes on the first round the world
flight.
Tjowell II Smith was born on Octo
ber R, I MIL’, nt Santa flat lain*, Cal.
He is the son of a Seventh l>a.v Ad
ventist Hvangel|c»»| minis'er who can
build hydro*power plants and operate
a lathe as well os he can preach the
igoapel. Dowell derive* hi* merhanb
I ml a pi it tide from hia father and hi*
t iclturn. eilent dlapoaltlon plua an
exceptional amount of pluck, grit,
nnd dogged determination from lij*
mother. It i* on hi* mother* aide
that he ta deacended from Daniel
Hoone.
lie la tin* aocond of n family of four
children, and n* a child Dowell lived
flint in Santa Itnrlwira, then In North
Yakima and Spokane. Waah., and
laterhi In San Kernando. Dal . where
tin* Itev, .liiM|Nir Cl. Smith alternated
between the pulpit and the more
lucrative profenHlon of mechanical
and ele« trlca 1 engineering
T>|dcal Minlater'a Son.
Dike a typical minlater'a aon, l«ow
ell became ft*l up v* 11H what he re
garded na unfair parental aeverity.
If there ever waa \ minlater'a aon
who didn’t run awa> from home or
at least long iw do ao h« l» the ex
Iception to the species that proves the
I rule.
•'Silent'’ Smith enticed one of the
members of his local gang to go with
him when he shook the dust of Sin
Fernando from his shoes and hooked
a ride on a through freight to taste
of the lleshpota of San Francisco.
But his pal didn't !wi\e the snml to
go through with the thing and
dropped out of the * ene \ few days
later.
Young Smith's fust Job was In a
florist's shop Then he juggled dishes
In a lower Market street hemieiv f"
a while and afterwards pushed north
Into Washington whete he got a i»»h
ms «allls»y for the Northern Pnolfic
t alii cad at a little town in the Fas
cades. When the divisional supci in
tendsnt sent orders fot a train to
mote out It was "Silent Smith's’" job
to go out around the town and find
the engineer and fireman.
4
After six months of knocking shout
from one Job to another he returned
home in response to the pleas of hi*4
mother. Although he declarer that he
gained much valuable experience
from this adventure he any# that he
doesn't recommend running away
from home as a good plan for other
hoy*, first, because of the danger of
taking the wrong road and filling in
with evil companions, and second. la*
tiuv of the pain it causes a l*oy *
mother.
Ills mother confesses that s.** a
child he could nevei sit still foi
more than two minut** at a lime She (
left him at home with a fiieint on
one oo« cm on while *he went out to
make some call*. \*pon her return
the friend said that lanvell *unpl>
"ran her ragged.” He had slipp'd1
out to the garden, pulled up most of
the flower* and then replanted them
according to hi# own landscape gar j
timing Idea* and had ako turned the
'se on the ho :«o as well as on
the next door neighbor**.
Silent and not inclined to be hois
tr ricus In his play, he was neverthe
les* the most mischievous lad in the
neighborhood. Baseball and tinker*
ing with engines were his chief pas
times, while Sunday school and girl*
were his pel aversions. However, he
since bravely iveovcrad from his lau*
UUty regarding the hatter.
Joined \ Ilia’s \rm>
After attending High school at Saw
Fernando md wasting several veoiw
taking a business course at San FW
nando m adem> that did not appeal
to b ; ho sudd* n!\ ! !« »(* awav fh'ts
>. h«u4 and went off into the MoJhvv
d« *ert. where He spent six months
overhauling and operating a pumping
plant. From there he went to l««v&
11 urn lo l'se< Swew. i slows CtaM »
*