Nebraska Newspapers

    WEATHER FORECAST fF T T Al f 4 TT A "\ ) 1T\ XTT1VT OpT^ THOUGHT FOR THE DAY
Nebraska Generally not much A ll *4 j\l XB. II XjL 1. V . L-lNl \ JT A^ iLj JL-i , ow, my ZZZ In life to har
change In temperature. ' |ng hoijn always a quarter of an hour
^ _=EE=r=i9<9B=====s=e=^ < m , IIIM beforehand.—Nelson.
V* CITY EDITION _ VQL. 54—NO. 156. OMAHA, SATURDAY, DECEMBER 13, 1924. * T VV0 CENTS19 T?*.11 *c»md. E°wwht?«ul,*~ ^ -^
Burgess-Nash
Is Awarded
to Brandeis
Referee Find? Baum Bid Not
a? High as Joint Offer of
Omaha Merchant and
! New York Firm.
May Continue Business
Sale of the Burgess-Xash company
nssets to J. h. Brandeis & Sons and
the Surplus Merchandising corpora
tion of New York was confirmed Fri
day morning by B. H. Dunham, ref
*** eree in bankruptcy.
Referee Dunham's order of con
Urination provides that the new own
ers of Burgess-Xash company may
continue to operate the company busi
ness in its present location for a "rea
Bonnble length of time."
Brandeis Bid Higher.
Referring in his order to the hid
of Daniel Baum, which was $20,000
higher than the joint bid of the Bran
deis-Surplus Merchandising corpora
tion bid, but which provided that pay
ment be extended over a period of
several years. Referee Dunham ruled
that "the J. L. Brandets-Surplus Mer
chandising corporation hid was a
higher and better bid than the Baum
hid.”
"The court finds that some hours
after the close of. the sale Daniel
Baum of Omaha tendered a bid to the
receiver,” said Referee Dunham. "The
bidder had full knowledge of the time,
p.ace, etc., of the Bale and failed to
hid at the time fixed in the order of
sale. The bid was not a cash hid as
required by order of the sale.
Brandeis Confirms Heal.
George Brandeis, a joint purchaser
of the Burgess-Xash company, In a
statement following the confirmation
af the sale, Bald:
"At the present time we don't know
lust what will he done. I expect to
ro over and see the exa^t conditions,
if the right arrangements can he
made with the landlord the store will
,-ontinue In business. I would feel bad
if it were necessary to close up the
place and throw those people who
have worked there so faithfully, out
of work."
“If the Burgess-Xash store Is
not continued it will not ho because
(lie purchasers of the stock will be
unable to make a lease with us,”
said Daniel Baum Friday afternoon.
••\Ve are ready at any time to dis
cuss (he details of such lease. Fur
ther, It will lake into account tlie
chai'acter of the business, it will be
In harmony with department store
ifilial* throughout the country, and
will lie le*s than rentals now heing
laid for oilier locations.”
S. M. Goldberg, president of the S.
M. Goldberg Knterprises, Inc., con
i: ting of 29 retail stores, also made a
k statement In which he explained his
relation In the deal.
Needed Retailer Aid,
"The Surplus Merchandising cor
p-a-tHtion operates as a wholesale
concern, and it needed a retailer to
,,in in with It If the original plan to
continue the operation of the Bur-]
l eas Nash company was to he ral
lied out. In a conference with Daniel
Baum, owner of the east building oc
copied by the company, we made a
tentative agreement concerning a
lease. Baum led us to believe we
could obtain the lease on terms which
would enable us to continue the busi
ness. It. seemed to he only a ques
tion of drawing up the papers. But
the next day, when the )wper* were
submitted to us they were entirely
different and provided terms on
which no one could operate the store.
It was out of all reason.
"Hence we were left In an unde
all-able position, for we had already
hid for the company assets and if ac
cepted our hill was binding, and we
would have been forced to buy the
asset* and have no place to put them.
This forced us into a joint hid with
J. T,. Bandeis & Sons, whose par
ticipation assured us of a place to sell
the merchandise."
Woods Brothers Willing.
^ Asked concerning the position of
Wood* brother* in the new owner
ship. Goldberg sold: "The Wood*
brothers are willing to continue with
US.'"
"Part of our money is in the bid,"
Interjected George Woods. "We are
willing to continue In the business
financially to almost any extent, nl
Ihough we are not merchants and
never have been. We had to have
the right sort of people with iis, ami
with them, if the proper leasesVould
{Turn to I'ua Two. Column One.)
--
We Have
With Us
Today
H. M. Goldberg,
President, Goldberg Knlerprlse*, Ine.,
New York.
Mr. Goldberg I* one of Hie large
retailers of the country, controlling
the destinies of 29 »e|tnio!c stores.
lie |* In Omaha ns a party to the
Joint hid of the .1. L. Brandeis *
Hon* and th* Surplus Merchandising
corporation dn the Burgess Nash
oompany assets, which wn* accept"*
[ hv Receiver Daniel.
He expressea the opinion that the
future of Omaha * retail business is
bright
\Cross-Word Puzzles
All the Rage
at Asylum
Warren, Pa., Dee. 1!.—The cross
word puzzle has hern adopted h.v
patients at the slate hospital for
the insane at North Warren. Both
men and women were said by of
ficers of the Institution to have
passed hours poring over the black
and white squares in newspapers.
The new form of diversion has
little effect upon the mental wel
fare of the patients, the officers
said.
Wife of Former
Insurance Head
Granted Divorce
Custody of Two Sons Given
to Mrs. Bruce Young;
Court Allows Alimony
of $175 a Month.
Mrs. Marguerite Young was granted
a. dlvoree by Judge I,. B. Day
Friday afternoon from William Bruce
Young, former Insurance commission
cr and present secretary of the North
American National Life Insurance
company.
She is granted custody of the two
sons, William Bruce, 7, and Ralph
Byron, 6.
She is given the home property and
furnishings at 2562 Redid, avenue
and $175 a month alimony. Young
did not appear In court.
Testimony .was that he receives a
salary of $15,000 a year and has also
other Income.
Husband Left Home.
Young left the home on Redielt ave
nue on August 14, last.
"I wanted some money for a pair
of shoes the day he left home," testi
fied Mrs. Young. "He refused to
give it to me. although I had had
but one pair of shoes throughout the
summer.
"He said then that he was going to
leave hut I didn't think be would. He
hasn't been back in the house since,
that ts other than to come tn and
be very abusive. He has called up
on the telephone and said things in
profane language."
Says He Swore at Her.
Mrs. Young testified that her hus
band swore and struck her and once
tore some of her clothes off on the
street.
"His language was at all tim»* pro
fane. very, very profane, the most
profane language any man could
use," she said.
Jackson B. Chase. Mrs. Young's at
torney, testified that during one con
ference in his office Young struck
his wife and twisted her wrist. The
reason for the assault he said w-ns
because Mrs, Young failed to hand
him a certain letter ns quickly as
he demanded It.
The Youngs were married Septem
ber 6, 1916. Young is consulting
actuary, secretary and director of the
North American National Life Inaur
a nee company.
CEDAR COUNTY BOY
TO GO UPON BENCH
Hartlngton, Dec. 13.—Residents of
Cedar county :md others in northeast
Nebraska "ill he Interested to know'
that Franc C. Ha dice, a former Ce
dar county boy who was born and
educated here, was elected county
judge of Johnson county at the No
vember election. He practiced here
several years after completing .his
law course at the state university.
He was elected to the state legisla
ture and was delegate to the consti
tutional convention from this county
a few years ago. Going from here
to Ttciimseh his successful career ns
a lawyer continued and later he was
appointed private secretary to Gov
ernor Charles \V. Bryan, which poei
tlon he wan holding when elected to
the judgeship.
MURDER CASE IN
JURY’S HANDS
Spoelal l>Lp»t« h In The Omnlm Bee.
Madlsorf. Neb., Dec. 12.—The mur
der trial of John Bovver s and his wife,
Helen Bowers, went to the jury this
evening, after the defense finished Its
case. Bowers, former Norfolk police
man. is charged with fatally shooting
Clyde ('Herrington, Chicago & North
western callboy, following a dance at
which Bowers was employed ns
bouncer.
Game Kish Protection
Favored hv Irrigators
Bridgeport, Dec. 12 Legislative
action to protect the game fish in
rivers will be asked in resolutions t<»
be adopted by the Nebraska Htnts
Association of irrigators, holding a
three day convention here. A com
mittee of three, »| D. Hey Wood of
Crawford, J. H. Woodman of Morrill
and O. F. Cook of Morrill, was ap
pointed to draft n resolution, asking
for some steps to be taken to protect
fhe fish. The first day’s session
opened with nn attendance of nearly
100 delegates.
Bailie Greek Cluli Favorn
Jenkinii for Came Warden
Battle Greek, Dec. 12 - At s tegular
meeting of the Battle creek Com*
rnerrlnl club, J. C. Jenkins of Nellgh
was unanimously endorsed for chief
game warden. Forty five member*
t\ei§ present
I
of Gompers
Is Not Good
Personal Physician of Labor
Leader Called From New
York; San Antonio
Doctors Consult.
Vitality Is Overtaxed
San Antonio, Tex., Deo. 12.—
Samuel Gompers' condition was pro
nounced as unfavorable In a bulletin
issued tonight by Dr. Lee Rice of
San Antonio, who was called into
consultation.
Dr. Rice said it would require sev
eral days before any improvement
could he brought nbout in Gompers'
condition. He said a further consul
tation would be held and another
bulletin issued tonight.
A great throng at the station greet
ed Gompers, who was taken Immedi
ately to a local hotel where he will
remain until a change comes.
Gompers personal physician. Dr.
•Julius Auerbach of New York who
was telegraphed for, was said to lie
on his way to San Antonio. It Is be
lieved that If Gompers had remained
six hours longer in the high altitude
of Mexico City his condition would
have been more serious. Physicians
said the lower altitude had greatly
relieved Gompers.
Fatigue from overwork tias played
a great part in tlie reported debilita
tion condition of Gompers, physicians
said.
Overtaxed Himself.
The leader of Diet American Lalior
forces presided at( meetings of the
Pan American labor council In Mex
ico City, following strenuous days
in the American Federation of Ijibor
convention at El Paso just preceding
his trip to Mexico. He also partici
pated In the inauguration ceremonies
of President Calles of Mexico. Sev
eral long automobile trips about the
Mexican capital also overtaxed his
strength. He has been in Mexico City
since November 30 and was on the
verge of leaving when he became ill.
So greatly had Gompers Improved
that he wished to dressand sit up in
his apartment just before reaching
San Antonio, hut his physician In
sisted on him remaining in bed.
The train carrying Gompers was
late leaving Laredo. He arrived in
San Antonio in the same coach he
boarded when he left Mexico City.
All of the American Federtalon of
I.abor delegates to the recent Pan
American Federation of I.abor. con
vention accompanied Gnmcprs to San
Antonio.
Most of the party were to nannln
in San Antonio only a few hour* ex
pecting to depart for the east tonight.
TRADE ADVANCE
IS NOT CHECKED
New York. Dec. 12.—Dun's tomor
row will say:
"Allowing for the lull that always
prevails In some lines at this season,
there has lieen no check to the ail
vance In business. Continued prog
ress is shown by most reports and
there are expectations of further
gains to come in primary channels
In the new year, after the passing
of holiday influences, Christ mas re
tail trade has developed well in many
places, giving proof of a large public
buying power, and it was quickened
this week by colder weather, with
snowfall In some sections
"The most Interesting movements,
however, nre occurring in the big
manufacturing Induetrles, where a
substantial recovery from previous
depressed conditions Is under way.
Convincing evidence of this fact has
already lieen given by statistics nf
production, and the statement of un
filled steel orders, showing a monthly
Increase of more than BOO,000 tons,
has lieen added to the favorable fea
tures."
Weekly hank clearings, $8,878,111,
000.
Tar I pact; Four Hurl.
Sidney, Dec. 12 S. I>. Hunt. Cllf
f«>rd YValtp, flpincer Flo and Robert
Hornndny, boy*, wore badly Injured
on their way to Kimball to attend i
Dp Malay meeting when the rnr In
which they were riding nkldded In
a *nowdrlft and wan overturned.
'-V
The Big Sunday Bee
Two sections of nlrngrnvurr.
Pictures you'll like to see niul ad
vertisements wliirli carry a mes
sage you'll want to read, printed
this week ill two complete sections,
(lifts. A Christmas Action story
by Hopltle Kerr. A story Hint re
flects the yuletide spirit, and so
charmingly written It will hold
your Interest to the end.
((unllty comics. “Mr. and Mrs.,''
h.v llrlggs, and “llrlnging I p
Father," by Mi Via nos, are the
best two color comics published III
the I nited Stales today. Hemeiil
Ini—for i|Uallty entities you have j
to read The Hmalm flee.
Ml Hie news. The Omaha Iter
is the only paper III Nebraska re
I reiving Saturday nighf wire serv
j Ice front three news associations—
The Associated Press, Intermi
tlonnl News Service and Fnlversal
I Service, You cannot afford to do
without
THE OMAHA HEK.
1 >■ --—'
A
Dr. Pinto Lacks Sense of Humor or
Is “Kidding” Say Women Novelists
Race in Creator Danger of Overpopulation Than of Dying
Out, Fannie Hurst Declares; Rita Weiman Scoffs at
Law Separating Devoted Couple.
Apeclal Dispatch to The Omaha Bee.
New York, Deo. 12.—Dr. A. 8. Pinto, city health commissioner of Omaha,
started a feminine storm which has blown all the way to New York city and
is brewing among the women here, when-he advanced his theory that child
less marriages should be made null and void after two year*.
If this wise doctor is looking at
marriage as a purely biological prob
lem," said Miss Fannie Hurst, short
story writer and novelist, as her
opinion of Dr. Pinto's contention "he
is undoubtedly correct. But. as far
as I know', the world Is in more
danger of being overpopulated than
of having races die out. And, even if
population were decreasing, such a
measure as dissolving childless mar
riages after two years would be too
contrary to human nature, which
after all, is practically unchange
able.”
Miss Rita Welnian popular play
wright, took an opposing view point.
"Marriage is purely a personal mat
ter," she 'said. "Some people marry,
but' believe themselves unfit to be
parents. Anyhow, ns far as I can
see, the race is not dying out, and
propagation isn't yet a matter for
legislation. If a couple desires a dis
solution of its marriage vows, the
law provides, hut there are too many
people who would not he parted by
any law under the sun. Any doctor
whi Is supposed to know human na
ture and advances such a contention
as Dr. Plnto'8 is either talking with
his tongue in his cheek, or is devoid
of a valuable sense of humor.”
“Silly”—\c.\ mi M« Mein.
Miss Weiman's opinion was In
dorsed by Miss N'eysa McMeln well
known poster artist. "It never oc
curred to ine that any one could be
so silly as to try seriously to dictate
whether or not a couple should have
children. The questions of marriage
and children concern two people,
only, not Dr. Pinto or the law."
"That is preposterous on the face
of it." declared Judge Jean Norris of
the women s court.
"You cannot put a time limit upon
marriage and children with the Idea
of increasing the American race. The
marital relation is a purely personal
matter and no law can he made to
penalize either the man or woman
who does not wish children. This
would lie taking personal liberty by
the last straw. Some of the happiest
married couples have not had chil
dren for four or five years after mar
riage, and I have known special In
stances where people have been mar
tied for 11 or 13 years and then had
several children. .The matter of chil
dren and how many there shall he
will always have to remain a ques
tion which only husband and wife
can decide themselves. For the court
to step In Hnd try to arrange this for
time would he simply preposterous"
“Can't Be Itone"—Helen McCormick.
Helen P. McCormick, former as
slstant district attorney of Kings
county and president of the Rrooklyn
Catholic Rigs Sisters and a a promi
nent young lawyer, admits that this
question has come up before with
every effort to push It through as a
law.
"Rut It can never be done," asserts
Miss McCormick, "The law cannot
step In and regulate a personnl mat
ter like this. No doubt there are
plenty of men and women who are
tired of marriage would like nothing
better than this excuse to get an
annulment 'to try it again.' 1 am a
firm believer In large families and
statistics show that the American
family is dwindling every year, bd*
American families cannot he i*
creased by having a ridiculous Itw
passed with a physical test of two
’■ears. This would he a step below
the trial marriage 1 cannot Imagine
any state passing a law which would
absolutely lower the standard of
womanhood and put marriage upon
an absolute physical basis.''
FLOODS THREATEN
AT COLUMBUS
Columbus, Neb , Dec. 12 T'nUSU
ally heavy thaws are swelling the
water volume in small streams to the
extent that Ice filled streams threat
en flood dangers to lowland winter
wheat fields
Realrice Firemen Fleet
Convention Delegate*
Real rice, Dec. 12 -At „ meeting of
the Beatrice volunteer Ore depart,
mrnf the following delegates were
selected to attend the firemen's con
\entlon at Hastings. January 22 23
John 1,. Schlek, William Hall.
John M. Brandt, John 8 Martin
Charles Segelke. John J. Plelnirh, J
K. Klchnrn, John \ IMehurh, 11 f
Beech, John Schwarz. J. 8 Coon, .1
J, Arnrv, W. A Wilkinson, J. 8. IIui
son. K. C. Powell, William Kuhn, J.
II Kuhn. II A. Whiteside, 1. II
Hrrogge. Frank liuchols, Jr.: Frank
Austin. John Shank, Julius Bucks
Roy Wilcox and Winter (llhson.
Rcchtrl Fleeted to Dead
Pawnee City Football Team
City, Nfh,, !>#’«’ lM T«M
T Whirl will lead I ho Paw nor City
llljarh Arhool clrvrn mxi year im lh>
icMilt of h.tllnllnir «b»nr hv I hr letter
men nf thr A»*hnnl this wrrk In rlrct j
thr'r new i apfnln I orhtrl In :t f.txt
hnlfhnrk whew work thin AniMon hma j
hrrn commended. Thr Pawnee l-lty
(Mm, which wit* iin<lrfr«(ni through
r»ltf It'* 1J124 *rnAnn, ln*t It* post *rn
*nn fnirn# with Wllbrr. .1 to ft. for thr
rh«niplnn*litp of AmitheAAtern N>
hiA*ka. ftix member* of th* eqtiA'I
will h* graduated *t tha clo*e of thr
tern
)-—
Coolidge Stands
Pat l!j>on Matter
of Foreign Debts
President Opposes Plan to
Submit War Claims Against
Germany to World Court
for Adjudication.
Washington, Deo. 12.—President
Coolidge was represented today as
being opposed to any plan for sub
mission to the world court or any
other tribunal of the adjudication of
war claims ngainst Germany under
the Dawes plan. His position also
was said to he unchanged regarding
war debt funding to the United States
by France and other powers.
Coolidge is known to be convinced
that the American position regarding
claims collection Is perfectly under
stood by foreign governments inter
ested and that the right of collection
is established beyond question by
treaty agreements.
The president's position that there
is no need of referring the subject of
claims collections to a tribunal for
adjudication is understood to be
based on the belief that whatever
differences may exist between the
United Stales and Great Britain can
be adjusted by regular negotiations
conducted through representatives of
the two governments.
He feels It as evident that the posi
tion of the Washington administra
tion which has been outlined to the
allied and associated powers hy Am
bassador Kellogg during the I^ondon
conference will be recognized by the!
interested government* •* the negoti
ations now being carried on between |
Washington and I.ondon progrrss.
While he Is being closely advised
regarding the agitation by a part!
of the Iyondon press concerning the
question of war debt funding to the
United States, there has been tin
change in the position steadfastly
taken by the executive on the ques
tion and he sees no occasion for giv-;
Ing American newspapers material toj
aqswer the arguments advanced by;
Ixindon papers.
The American policy has been firm
ly in opposition to cancellation of any
part of the debts owed the United
States, coupled wtih a desire that the
debtor nations should refund their
obligations, and the president sees not
possibility that it may be altered Ini
th* slightest detail.
BREAK IN CABLE I
CUTS OFF ALASKA
Seattle, Wash, Dec. 12— Alaska
"as cut off from the outside world
today by ruble because of a break
last night in the Seattle Sitka line |
and the Seattle Ketchikan cable, 2,11
miles north of here. Breaks in the
■ able between Ketchikan and Wran
gell and l’etershurg and Wrangell
also were reported.
Messages are being forwarded to
the Puget sound naval station at Bre
un-ton, where they wer* sent hy
naval radio.
The United States cable ship Hell
wood. which has been In the vicinity
of Kaldez. Alaska. Is to repair the
broken lines. Cable engineers were
endeavoring to determine the cause
of the breaks.
Many Fowls Exhibited at
Poultry Show in St. Paul
Rt. Pant. Minn., Doc. 12 - With
2,non fowls on exhibition the North
west Nations! Poultry Show opened
here, with birds on exhibition from
os far west as Ptsh. South TAakntn,
Iowa find Montana were heavily rep.
resented at the show, which officers
rhnraeterlxed the finest. Itest balanced
ehnw ever hek| In the northwest.
Judging hegnn today.
Hop Shipments Increase.
C olunihua, t>ec. 12—Hog ship
tnents from central Nebraska points!
have Increased 22, per rent this week :
after a shipping lull of two weeks t
In an effort to avoid buying feed:
and to save corn farmers are literal.
I.v disposing of nil animals except
breeding sows and hogs for family
butchering purposes.
Smith Takes
Command
For two days and two nights
the six world fliers sat In the
radio station waiting news of their
ronMnatiller, Major Martin, who
hail flashed word of his hop-off.
At last came a message, lint from
I lie War department
"I Jr ill latwrll Smith rmilinand
world dig III,” It said Twenty
hours later America's three globe
circling planes were fly ing to
wards the Island of Aflis.
Turn to page 4 and read the
thrilling Installment In I smell
Thoinns’ story of the world flight.
x_-—A
Bulls Again
Hold Forth
on Market
Movement, Halted by Two
Days of Sharp Reaction, Is
Resumed With Increased
Vigor; Large Net Gains.
Many Sensational Rises
By Atmoolnfftl Prow.
New York, Dee. 12.—The "hull”
movement in the stock market, which
was interrupted hv two days of sharp
reaction, was resumed with increased
vigor today, net gains, of 1 to nearly
8 points being scattered throughout
the list, with the daily turnover run
ning slightly above 1,500.000 shares.
Forty-seven stocks, including nine
motors, eight public utilities and six
rails, smashed their previous high
records for the year.
The quick reversal in speculative
sentiment followed the overnight an
nouncement that the .1 per cent re
discount rate had been retained by
the New' York Federal Reserve bank,
setting at rest rumors of an increase;
the derision of a special master in the
Consolidated Gas rate case, holding
the local ?1 gas law' unconstitutional
and the approval of the proposed
"Nlekle Plate” lease by the directors
of the Erie railroad, which, whil* not
announced until after the market
closed, had been anticipated by the
market action of the so-called “Van
Swearingen” stocks, practically all of
which attained new peak prices for
the year on gains running from 2 to
6 1-2 points.
Spectacular .lumps.
The most spectacular advance took
place in West Penn Power and Fed
eral Traction, each of which soared 8
points and then canceled about half
their gains, and Nash oMtors, which
jumped 7 1-4 points to 192 1-4, closing
at the top. Other outstanding gain*
v ere recorded by Fisher Body, Gen
eral Baking. Iron Products, Mack
Trucks. Nickel Plate common, Pere
Marquette. Railway Steel Spring and
West Virginia Railway and Power,
all of which closed 4 to 6 1-2 points
higher.
Heavy buying of the motor shares,
particularly those nf companies te
porting small inventories and large
current sale*, was one nf the day's
features. Report* of large railroad
order* also stimulated the buying of
the equipment shares. Oils continued
reactionary although the net losses
were held to fractions. U. S. Realty
and Improvement common, which re
cently has enjoyed a sensational ad
vance on rumors of a consolidation of
its real e*tate holdings with those of
the Dupont interests, broke from
152 14 to 124 18 in the final hour,
closing at 126 for a net l«*s of 2
points.
WITNESS FAILS
TO APPEAR IN CASE
Specie! lii.patrh to Tile Ornnha Boo.
Grand I aland. Neb, Dec. 1!.—
Sheriff Palmer Ira ve* early Satur
lav fur I.os Angelo* where authorl
le» l,a\e cauacd the detention of Mil
Ired Camp, nunc at* of Dan A. Deed,
ivho i* held here on the charge of
automobile theft.
Mi** Camp watt a witness In the
•use to have Item tried thi* wek.
IVheri the trial was railed and the
>vltnexa was not present, County At
nrney Suhr charged Attorney Kd-1
ward McDermott of Kearney, with!
-ompllcllv In spiritimr the witness
iway. Thi* the Kearney attorney de
aied.
The next day, however. Attorney
?nhr had a response from I.os
role* with the Information thvt the
tIrl, who suddenly disappeared op
Sunday evening, had been arrested
here and was being held. Kxtraditlon
anpera will he aertired and were ex I
;>erted here late today.
The woman is heraelf now under
he rharge of forging a hill of aale
’or an automobile and being a fugl
:ive from Justice
■'ixth Judicial District
Jur> Sessions Vnnniinrcd
Columbus. Dec. I J.—-Jury sessions j
of the district court 1n iho Sixth j
judicial district of Nebraska snd its
*\x counties for the year at* as fcl
low s:
PlMt* count): .Unitary 1). April IT 1
September ft
Boon# c<Mintr; Febru#rr X, Mnr ||
i' it»l»«r
I’olfnx tnuntx F# bruiiry 5t. Jun# 1 ■
November 1*
tUv.lef* county, January 11. April IT,
kept ember 31
Merrick county. February JI. May II.
I V* O'Uej 1 f.
\mnr«* > «>unlx February !«. June I. Nn- j
omler IS. \
Judge I.out* 1 i«htn*r, Cotumhu*. and
lu.lx#' Frederick \V. Button. Fremont are
the judge#.
Municipal < Jiristmas
1 rcr Planned at Sidney j
Sidney, Her If Arrangemenla for1
the first munlcltml Christmas tree |
ever held hero have boon completed ■
The tree will he 40 fret high and'
elerllie lighted and will tvr placed j
»t the flagpole Intersecting ljncoln !
highway nn Central avenue
To Kansas to \\ rd.
Wvtnme la-,- 1? William Weiner, I
youngest son of Raymond NN nner, r*
Hr#d farmer of NN \ mnrs, and Miss;
Goldin Hinton of Wymors slipped |
oxer the Mat# lin# and wet# ms riled j
by Judr* I'ottcr at Mnrysxllle They |
xvill l|v# on the Raxmond Weiner
fmm »#\«n aouthxxest of Wy
mot t.
i
I
Man Out Hunting,
Shot by
Dog
Wiscasset, Me., Dec. 12.—Tlieo- |
dore Sherman\ of Kdgecomb »»*
shot by hi* dog yesterday while :
gunning near here. He placed his
loaded gun on the ground while he
crawled under his automobile to
make an adjustment. The dog
stepped on the trigger. The rharge
of shot entered Sherman's leg be
tween the knee and ankle.
Pardon Board Will
Defer Action on
Ciarlettas Case
Youlli Sentenced to Life Im
prisonment for Murder of
Henry Nickel! Plans
for Freedom.
By P. C. POWELL.
Stuff Correspondent of The Omaha Itee.
Lincoln, Dec. 12.—Deferred action
on the application for commutation
of sentence of Tony Clarletta. serving
a life term in the state penitentiary
for the murder of Henry E. Niekell,
Omaha banker, in 1914. will he taken
some time this month by the state
board of pardons and paroles before
this ltoard retires and the new hoard
under Governor elect Adam McMullen
begins to function.
Ciarletta's application \*is filed
with the board at It* meeting July
10, 192.1. The ltoard at t ha t time
refused to take action on the applica
tion and the three memlters. Gov
ernor Charles W. Bryan. Attorney
General O. S. Spillman and Charles
\V. Poole, arrived at the following
conclusion, just made public today:
"law Has Been Fairly Vindicated."
"There are but few who would
claim that the majesty of the law
demands that this young man should
be held in the penitentiary until he
suffers the same fate as his comrades
now in the prison graveyard. That
would be tempering Justice without
mercy.
"It is not at all unlikely that under
the circumstances of this case the
law has been fairly well vindicated.
We do not wish to infer that the in
mates of a house of ill fame or those
who frequent such a place should be
deprived of all benefits of law. We
fee!, however, that insofar as such
people are contributors to law viola
tion, they, in a measure. Invite what
ever results may come. In this case
the turpitude of the crime is lessened
to that extent.
"We desire more time for delibera
tion as to just how long this appli
cant should be held, and for that
reason we are not taking final action.
The application for a commutation is
therefore neither granted nor denied,
but action is deferred."
Two Companions Head.
Two other men were given sen
tence for the same crime. Joe Wil
liams and Cevernious Roaamond.
Both died in the penitentiary and are.
buried in the prison remetery. At
the time of the holdup and murder
Ctarletta was IS year* of age. He
was the last to be captured.
Since entering prison he has at- ,
tended night schools and has studied
music. He is at present leader of the j
penitentiary orchestra. There Is not ,
a blemish on hi* prison record.
Those interested In his commuta
tlon are Henry W. Dunn, now police j
commissioner and formerly chief of ]
police at Omaha: Ste\e Maloney, for
mer chief of the Omaha detectiiee.
and Bess Gearhart Morrison, well-1
known prison worker and lecturer. A \
letter is on file from governor Len i
Small of Illlnot*. who knows Ciar !
letta's parents at Joliet.
POULTRY SHOW
ENDS AT HASTINGS
Hustings Neb. Pec. 11,—The 1914
poultry show concluded here this af
ternoon was character.led aa one of
the moat successful ever held here.
The number of entries was held
down by the storm of the last week.
The poultry show is an annual affair.,
The fowls exhibited today were of!
very high quality. J. R McClaakey !
judge, of Manhattan. Kan. said, and
and they received much praise from
him.
Entries of 1. K. Torter snd Klliot }
R. 1 hi vis won the championship of
th* nhow,
Clianpc in Sidney Fire
Alarm System 1* Planned
Sidney, Pec 12 To demonstrate to'
the city council and firemen the con
gestlon which exists in the telephone!
service whenever a fire alarm l» i
sounded the mayor and council and j
niement were Invited to the telephoto j
office and a false alarm of fire was:
turned In. For fully 10 nilntues three '
operators were kept busy with call*
from people asking location of the ,
fire Some method will be*devised to j
notify the public other titan the prft
ent fire whistle,
The Weather i
V-—__/
►Vr 3« hour* »«.Lr£ T |< »v i
b+r IJ
I'mh tptmtmn |drh«i uml hur Ar^slthi* ,
T«*tnl ft ft. i..t• | *uR-p Jarut*r\ 1. ;*
Iff ri '
M«mH< TftMiifrniMrfk
I ■ m 4 4 \ r «4
• • m . 3# I |v m ...... . .in I
• • m ... 41 I r 444 4ft j
• • m i ft 4pm 4*'
• ■ m 4* 1pm 4«
| • ft m 44 4 r m |v >
llftm 44 4 f 4.
U sees .. <t l 1> at..........kti
48 Ballots
Required
to Free Him
Two Co-Defendants Convic'r
ed, However, One for Con
spiracy and Other for
Illegal Sale.
Appeal Will Be Taken
Sam House, charged with two vio
lations of the Harrison narcotic act,
is free.
Pat Burkrey and Frank O'Neil,
charged jointly with House, have
been found guilty.
For 23 hours 12 jurors, the charges
of Judge J. W. Woodrough fresh in
their minds, deliberated before the^’
reached their decision.
M It. Douglas. Omaha, declared
that for IS straight ballots he was
the only one to vote for the acquittal
of House. There were 30 ballots
taken after that 13th. The opiniftn
that House was Innocent formed
gradually in the minds of the men
and it was not until the 43th ballot
was taken that all agreed that House
had been no party to the conspiracy.
Jury f ompromises.
Nor was the tattle staged In the
jury confined to the question of Sam
House's innocence or guilt. The other
two defendants came in for their
share. Part of the jurors lielleved
that Pe.t Burkrey was guilty of both
counts of the indictment. Part be
lieved that the same was true of
Frank O'Neil.
The compromise on this question
was a conviction for Burkrey on a
charge of conspiracy and for O'Neil
on a charge of sale.
The action of the jury wrote finis
to another chapter in one of the most
sensational narcotic trials in this
court’s jurisdiction.
The government admitted that it
had no proof that Sam House ac
tually sold narcotics. But It intro
duced a wealth of evidence which the
prosecution declared. Indicated that he
had aided the men who did the actual
selling.
Telegrams, alleged to be in code,
were presented by the government.
The government witnesses testified
that the criptic word* indicated cer
tain kinds of narcotics.
Prosecution Surprised.
Sam House was called to the stand
when the government rested its case.
He carefully read the telegrams, ad
mitted that he had sent and received
them but denied that they referred
to narcotics. They were orders for
crooked dice, purchased for friends,
he said.
It was this evidence and the fact
that some of the government's wit
nesses had admitted on the witness
stand that they were drug addicts
and ex-convicta which swayed the
Jury.
The Jurors admitted that, although
the testimony of one witness was the
most damaging against House, they
disregarded it because of the man s
admission that he used drugs.
Assistant United States District At
torney U.eorge Kevser declared that
he was surprised at the verdict of
the jury.
"I must admit." he said, "that I
am less surprised at the lerdlct of
guilty for O'Neil and Burkrey than I
am for the verdict of not guilty for
House The three men were to
tangles! In the testimony which was
given that I firmly believed that,
should one be found guilty, all would
be guilty."
Friends Congratulate House.
Pam House's friends crowded about
him, patting him on the tack and
congratulating him on his acquittal
as soon as the verdict wss read. The
general opinion of the friends seemed
to he that they expected s disagree
ment of the jury and not an acquit
tal.
Attorneys for Burkrey and O Neil
declared at once that they would ap
peal the verdict on a writ of errors.
"The verdict cant stand." they
said. "It will be reversed as soon ss
we can get the esse before the circuit
court of appeals."
House walked from the federal
building a free man a short tiros aftor
the case was closed. Burkrey and
O'Neil reposted their tands of IT.Sta
and were allowed to go at liberty.
e
Summary of
the Day in
Washington
I'onviifralton of Mucle Shoals eor
tinned In the senate.
The house committee began an In
vestigation of aircraft manufacture
ami operation.
The American reply to the Rrttigfc
r.cte on Herman war claims was de
il\ ered In lamdon.
The advisory council of the t>a
ttonal conference on outdoor recrea
tion ended its meeting
Hear \initial Henson gave more
testimony before the house shipping
l-oant Invoettgallng committee
The futore course of the conference
for progressive political action waa
const,lered at a meeting of its leadets
F',is«ldent tVaviidge undertook to
holster senate forces opposed to an
early vote to override the veto of the
postal pay hill.
Secret at, Work submitted to Treer
dent Coolhtcs a leolamatton program
a’ -h Is expected *o harm the Nasi*
of lbs sdivuiuatiauea pedey.