Nebraska Newspapers

    Collins Sentenced
to 25 Years, Pal
* to 20, for Robbery
Mail Thieves to Serve Term#
in Atlanta for $3,000,000
Council Bluffs Mail
*. Theft.
(Continued from rue On*).
count of the indictment, thereby com
plying with the circuit court ^|e
, cision.
"Theses defendants appeared before
me in 1920," the judge said In read
ing his decision, "and entered pleas
of guilty to this crime.
"The robbery was one of the great
est ever committed in the state of
Iowa and the sentences which I lm
posed were justified.
"Vet, because of a slight error, an
error which had been made countless
times before, they were released after
serving but a portion of that sen
tence.
Refuses New Trial.
“Sow they plead not guilty to oth
k er charges arising from the same rob
,",*bery. If they were guilty the first
time, they are certainly equally guilty
this time.
' * “If they deserved the sentences
which were originally imposed when
they were first tried, they still de
serve those same sentences.
"Vou ask that the court grint a
new trial in this case because of eer
tain alleged irregularities. The court
cannot see that there are any Irregu
larities, nor is it in tiie power of this
court to grant a new trial.
"The state would have on opportu
nity to demand an appeal should a
new trialhSVgraiited, and then the de
cision would come back and ti e case
would stand right where It does now,
eicept that there would have been a
great loss of time.
"This Is an Important ease. Impor
tant to the public and to those who
wish to see our laws enforced. It Is
the duty of tills court to see that no
further errors are made.
“The decision of the case may be
sent to R higher court, where It can
be upheld or reversed on Its merits.
"I overrule all pleas and motions
which hive been made by the de
fense and you, Keith Collins, I sen
tence to five years at hard labor on
each of the five counts included in
. your Indictment. And ypu, Fred A.
Poffenbarger, I sentence to five years
at hard labor on each of the counts
in the indictment against you.”
w nen tne judge declared that the
boys would have to serve their time
, in Atlanta and not in the Leaven
worth prison, the attorney* leaped
to their feet and objected.
"That prison Is outside the Juris
diction of this court,’’ Eugene O'Sui
i livan declared. "The men must be
sentenced to Leavenworth.”
"No,’’ the judge responded, ”1 have
. here a telegram from the attorney
general of the United States. In which
he requests Jhat the defendants be
-. sentenced to*Atlanta. Perhaps It is
a better prison.”
The attorneys filed mol ions for the
arrest of judgment and the dismissal
of the verdict In the case early In the
—- day. These pleas were argued be
fore the sentences were passed.
•T. J. Hess, opening the argument In
support of the motion, declared that
the men had not been granted a
"speedy trial,” as guaranteed under
the constitution. He declared that the
indictment under which the defend
ants were convicted at this trial was
returned in May 11, 1921, and cited
authorities to prove that the statute
of limitations barred prosecution more
than three years after an offense Is
committed.
riea of Misnomer.
He declared that no warrant was
served on the defendants under the
present indictment until December,
1923. more than two years after the
Indictment wag returned. He assert
ed that the fact‘that the men were
in the penitentiary was no bar to
prosecution.
Hess also entered a plea of misnomer
in the case of Poffenbarger. declaring
that he was indicted under the name
of "Fred A. Poffenbarger.” which is
his father’s name.
Frank TYIlson, assistant United States
attorney, arguing against the mo
tion, declared that the indictments
against the men were returned In the
federal court at Des Moines within the
time limit of the statute of limitations
and cited authorities to prove that
_ the previous trial and conviction of
• the men on another Indictment in
? connection with the mail robbery was
* no bar to the present action.
Man Injured in Fight
Sues for $5,000’Damages
Columbus. Feb. 6.—As a sequel to
tli* flfflit In which he had his rl*ht leu
■ broken belotv the knee when be and
his antagonist went down onto the
curb In a clinch. Kd Launer, local
business man, has filed suit In district
court her* atfainst Charles Nlckollte,
auto mechanic, for $5,h00 damages.
Each man claims the other wss tho
• grgreseor.
Liberty School Head III.
F.eatrice, Feb. <5. Superintendent
Jlrake of the Liberty schools has h*»n
seriously III the last week St his heme
from a threatened attack of pneu
monia .
»
New Officers of State Clothiers
_ . . I
Officer* of the Nebraska Clothier* association elected Til in- day at the
Hotel Fontenelle are. left to right. Raymond Fahrqner, l.incnln. secretary
and treasurer; John Sonin, Fremont, president, and lands Leppke, Omaha,
vice president. ,.4
Wife Scoffs at
Plea of Stokes
Claim He Was “Misled” in
Accusing Her Brings Burst
of Indignation.
Oy Intrrnalionnl Service.
Chicago. Feb. 6.—"Misled! He mis
led himself!"
The above was the indignant slate
ment today of .Mrs. Helen Elwood
Stokes on her arrival in Chicago from
Denier to press her suit against the
aged aim eccentric Xew York million
aire, on charges of conspiring to de
fame her character.
"I might have known he'd try to
vest his defense on some such state
ment as thftt.” she said when In
formed that iier husband had indi
cated he had been duped into believ
ing some of tlie incidents with which
lie charged his pretty, young titian
haired wife.
"However, he can't get away with
that,” she continued. "I have the
very picture album from which $ie
stole the prints which he presented
as evidence right here with me.”
Really for Fight.
Mrs. Stokes referred to the charge
brought by her husband that she was
onre an Inmate of a notorious Chi
cago resort.
"I've corns to Chicago to be on
hand when the fight that means so
much to me is going on. I Intend
to stay hers until the last word is
said on the subject and I hope it will
be mine, too."
Mrs. Stokes was accompanied by
her mother, Mrs. Arthur Scott Miller,
and her mother's close friend, Mrs.
Albert Meservey. Mrs. Stokes wore
a long clinging wrap of seal with
mink collar and cuffs, a Mack dress
and a tiny brimmed hat of Mack. Her
slim ankles were clad In rheereet chif
fon hosiery and she wore a choker
necklace of baroque pearls. The flat
fawn-coiored bag she carried was set
with amber brilliants.
Three Jurymen Chosen.
Only three jurymen were in the
box when the trial was resumed and
the weary task or selecting the other
nine men to hear the evidence con
tinues.
Mrs. Stokes probably will be unable
to testify because of the law forbid
ding her to testify for or against her
husband.
Mr*. Sarah A, itnah Dies;
Lived in Clarinda 44 ^ ears
Clarlnda, la.. Feb. 6— Mn. Sarah
A. Whitnah. 77, died at her home
here after an illness of one month.
She came to Clarinda from Illinois,
her native state, 44 years ago with
her husband, Joseph C. Whitnah, who
died 26 years ago. Four children
survive, Mies Blanche Whitnah,
Clarlnda; Mrs. F„ C. Bennett (Cordie),
Roswell, X. M.; Fred J., Clay Center,
Kan., and Harry A., Fulton, Mo.
She was a member of the Presby
terian church.
Road Certificate* Issued.
I’larinda, la., Keb. 6.—Anticipation
certificate* for Pap© county road
work, to th® amount, of $S3,(K*f>, have
been sold to Polk, Corley and Whec
look at Des Moine*. The certificate*
will run until December 31, 1926, and
will draw interest nt the rate of 4
per cent.
212 No. 16th St.
2408 Cuming St.
4903 So. 24th St.
634 W. Broadway
(Council Bluffs)
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Fewer Laws Is
Urge of Thorpe
Lditor Talks to C. of C. of
Law-Making Machinery
of Country,
"It is high lime," declared Merle
Thorpe of Washington, editor of the
Nation's Business, at a pulillc affairs
luncheon Friday at the Chamber of
Commerce, "for us to discard the
phrase, ‘There ought to be a law,’ In
stead we Should substitute another
one, ’There ought to he fewer laws.' ”
His address was devoted to the ef
fect of the law-making machinery of
the country on business interests. He
said:
"Congress has been In session al
most continuously for eight years, and
48 other state congresses have been
grinding out laws, 90 per cent of
which have had to do with govern
ment and business, laws restricting
and limiting and binding business and
Industrial action. In one year alone
—1921—soine 22,000 bills of that na
ture were introduced in various legis
lative bodies.
“Our national well-being depends
upon a wider understanding of busi
ness. And that means, simply, the
sum total of your understanding and
mine. The great danger in the United
States Is that popular understanding
of business will not keep pace with
the more and more Intricate and com
plex phases of present-day Industry.
The ’there ought-to be a law’ craze,
with the laws consequently enacted,
are only adding to the complexity of
the situation.”
Mr. Thorpe w as guest of honor Fri
day morning at a breakfast given st
the Omaha club by C. C. George, an
old friend and prominently identified
with the affairs of the national cham
ber.
After breakfast the Washington edi
tor, who for many years was dean of
the school of Journalism at Kansas
university, took a five mile walk with
Mr. George through the residential
district of Omaha. Mr. Thorpe walks
that, distance, or a greater distance,
every day. It is his hobby, and he
attributes his excellent health largely
to these regular hikes.
Store Robber Sentenced
to State Reformatory
Pawnee Cits', Feb. 6.—Robert D.
Jones, 20, pleaded guilty in district
court here l>efor# Judge Kaper on
the 9harge of burglars' and was sin
fenced to from one and oi,e half to
three sears in the state reformatory
at t.lncoln. Jones, whose home is
at Kau Claire, AVIs., was caught
after taking merchandise from the
farmer* union store of Bookwalter,
12 miles southwest of here.
Hubbell Needs Dtytor.
Hubbell, Feb. 6.—Several cases of
influenza and two cases of pneumonia
are reported In Hubbell. three Hub
bell residents are being cared for in
the hospital at Hebron, for lack of
local treatment, and one pioneer liv
ing near here i» suffering with par
alysis. There Is no doctor in Hubbell.
the onls' physician here having died
nearly one year ago. Medical aid
here has to be secured from Chester.
Narka and Ueshler, and Hubbell
citizens feel this Is a good field for
a resident dgfdor.
Gen. Mitchell
Raps Air Plan -
of U. S. Army
•
Assistant Aviation Chief, in
Letter to Weeks, J^sys De
partment Hampers Prog
ress of Service.
Washington, Feb. 6.—Brig. Gen.
,Mitchell, assistant chief of the army
air service, informed Secretary Weeks
today that he believed ‘‘the present
War department organization and Its
administration quite Incapable of fre
atlng, handling or administering air
power in an efficient manner.”
in the letter, replying to a request
from the war secretary for all facts
upon which the assistant army air
chief based recent statements "seri
ously reflecting” on the army’s air
arm. General Mitchell said he was
convinced the system of aircraft
management in operation In the
United States "is detrimental to the
country's good and will seriously com
promise our national defense should
an emergency arise.”
The general’s letter was placed be
fore the house aircraft committee,
which had met to hear both General
Mitchell and Brigadier General Drum
of the army general staff.
"The general view of the War de
partment.” General Mitchell wh-ote,
"Is to limit the ability of aviation
in a military way and in spit# of
the findings of the joint army and
navy board, in spite of the most con
clusive evidence of every country in
the world, the Navy department still
appears before congress and still tes
tifies Incorrectly and gives the Im
pression that the aircraft are of limit
ed power against battleships.
Blocks Vnlflcation.
"The resistance of the War depart
ment to the organization of an Inde
pendent aeronautical personnel is In
sistent and constant.
, t
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General Mitchell said since the war
f 133,000,000 "has heen put Into avia
Hon," but that he did not believe “the
appropriation* are economically ad
ministered on account of the duplica
tion of land bases between the army
and navy.” He declared that Major
General Patrick, chief of the army
air service, had. like himself, en
domed "a united air force." although
such a move is opposed by Secretary
weeks as well as Secretary Wilbur.
'The report of the joint army and
navy department board In 1921, of
which General Pershing was senior
member, and which bore the appro
val of Secretary Weeks and Acting
Secretary of the Navy' Roosevelt,
General Mitchell quoted as follows:
“ ‘Aircraft carrying high capacity,
high explosive bombs of sufficient
size have adequate offensive power
to sink or seriously damage any naval
vessel at present constructed, pro
vided such projectile can be placed In
the water close alontlslde the ves
sel.’ ”
Praises Patrick.
Despite opposition in otner quanei s.
General Mitchell said, the reason the
army air aervice had accomplished as
much ns it has "is due very largely to
the sympathetic attitude of the sec
retary of war toward aviation,” and
the "personal ability of the present
chief of the air service.”
General Mitchell took up in detail
those statements of his congressional
testimony objected to bil Secretary
Weeks. Explaining his assertion that
"all the organisation we have In this
country now is for the protection of
vested interests against aviation,” he
declared the War, Navy, Postoffice
and other departments concerned
with aviation "resist any change
which in any way curtails or modifies
(heir authority, either over aviation,
its development to a position of
equality with these departments, or
Its extension or development beyond
Its being a mere auxiliary to their
activities.”
Discussing the bombing tests off
the Virginia capes, in 1921, the gener
al said the "whole performance, In
Lite minds of the air officers partici
pating, appeared to be a deliberate at
tempt to handicap us in the accom
plishment of our mission.”
In the 1923 test, he said, the army
aviators were ordered to liomb from I
an excessive altitude.
General Mitchell Is recognised
throughout the world as one of the
best Informed students of aviation,
uccordlng to Maj. Iuiwrenc* Church
Ill, chief of the air service of the
Seventh corps area,
"He is heart nnd soul for the Curry
hill now' before congress," Major
Churchill said.
The bill would create a new depart
ment In the cabinet devoted to.the
air service of the nation.
"We In the air service are endeav
oring to have It placed In a separate
department," Major Churchill said.
Table Kwk —Funeral service* for
Glen Herrick, 21, non of Mr. and Mrs.
John Herrick, were held at the family
residence, four miles northwest of
Table Rock. The funeral sermon was
preached by Rev, A. I,. Ogden, pastor
of the Christian church of Table
Rock.
r N
Iomui, 103. Receives
Letter of Thanks From
President Coolidge
X - j
(larinda. la.. Feb. fi.—Hugh Haw
thorne, I A3, father of >1. If. S. Ilaw
ihnrne of Clartnda. and Hr. R. A,
Hawthorne of llradiljville, who walk
to the poll* November 4, and cast
hi* vote for Calvin t'oolldge, i*
wearing a happ.v smile, having re
reived a personal note from 1‘resldent
< oolidge, expressing hi* appreciation
of his Interest In the campaign, and
stating "It is gratifying to luive the
confidence of one who ha* reached
the age of 103 year* anil who ha*
seen so much of our national life in
the making."
Frank Ambrose, Pioneer
in Matlison County. Hies
Madison, Feb. 0.—Frank Ambrose,
a pioneer resident of Madison couii
tv, died nt hi* home In thl* city after
illness tit three daj*. He was born
October 7, 1804. In Bohemia, came
to America in 1873 and lived In Iowa
until 1880 when he came to Madi
son county *nd settled with hie
family on a farm In Schoolcraft pre
cinct .
Tie la survived hy three eons,
Frank T. Fairfax, S. D.: John of
Winner. S. D., and Joseph of School
craft precinct, this county, and three
dailsthters. Mrs. Mary Storek. Meadow
•Grove: Mrs. Knima Holy, Lake
Andes, 8. V., and Mrs. Mary Storek
of this city.1 •
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