Nebraska Newspapers

    ^ _ . /
WEATHER FORECAST ^ I ^ II \ jl \ If \ "\ / 1 kT~) TVTT'IVT Y'' ! LT L' THOUGHT FOR ITIE OAT
k ™ w 1 HL UMAHA IV nRNLiNUr —>£/& „.-..
_ William Pitt.
I*" CITY EDITION ..... , - 1 ■■ -—■■=-- ■ ■■ -■
t._VOL. 54—NO. 251. - OMAHA, FRJDAY, APRIL 3, 1925. *_TWO CENTSln V| __L_
Counsel tor
Matricide to
Prove Guilt;
Dorothy Ellingson'e Own At
torneys Hase Insanity Plea
on Kvitlcnee That She
Killed Own Mother.
She Does Not Faint Once
San Francisco', April 2.—By a
strange twist the murder trial of
Dorothy Ellingson, 17 year old slayer
of her mother, has taken in develop
ing into a determination of her pres
ent sanity, her own attorneys Intro
duced evidence today to establish by
circumstantial evidence that she
killed her mother, as charged.
Her father admitted he did not at
tribute her mental condition to her
failure to attend church. Kurlhei
questions dieted from him that she
had been abnormal virtually every
0. time he visited her In jail. .She re
fused to answer questions, he said,
and didn’t appear to know what it
"was all about. He conceded she had
answered other questions about how
she felt or how she was treated.
Assistant District Attorney Har
mon D. Skillin read an extract frotn
testimony at the coroner’s Inquest
quoting Ellingson as saying he "nev
er had noticed anything wrong witlf
her mind.”
The girl whispered to the matron
indignant comments on the testi
mony.
Ellingson was excused and Lieu
tenant of Detectives Charles Dulieae,
head of the police homicide squad,
took the stand. He told of his investi
gation of the dentil of Mr. Ellingson.
By International Vcws Seri Ice.
San Francisco. April 2.—Dorothy
Ellingson opposed the selection of
Alexander Mooslin as her chief coun
sel In an angry scene. Joseph Elling
son. father of the 17-year-old matri
cide declared on tlie witness stand
today on cross examination.
’’Sli* said she didn't like him," El
lingson said in reply to questions pro
pounded by the state over the heated
objection of the defense.
Despite the fact that she had heard
Dr own father call her insane, seen
the huge revolver with which she is
alleged to have killed her mother pro
duced in court and heard the story of
the finding of her mother's body,
Dorothy for tlie first time in a week
walked from the courtroom at noon
today without collapsing.
Site was smiling as she left the
■■ urtroom at the evident discomfiture
of Attorney Mooslin whose face was
scarlet. She was heard to remark
"that old Mooslin didn't seem to
like it.”
Police Lieutenant Charles Dulla of
t tie police homicide squad was called
end described the death scene in the
Ellingson home. He told of the gun
shot wound and of finding the re
volver with which she was slain.
‘‘Have you that revolver?” he was
asked.
Dorothy lowered her head as the
huge revolver was produced and
identified. She did not faint though
as the exploded shells, two in num
ber, were produced. Her nervousness
increased though and the police
matron placed her arm about her to
calm her.
Defense and state dashed over in
troduction of the weapon. Defense
counsel admitted it was their Inten
tion to show by circumstantial evi
dence that Dorothy killed her mother.
This was a complete change in their
procedure. -
Court adjourned early on account
of absence of certain witnesses.
Mrs. Ingersol Elected
(dubs' District President
Plattsrtiouth, April 2.—The 22d an
nual convention of the first district
of Nebraska Federation of Woman's
Clubs closed its three-day session here
Thursday noon. The following officers
tvere elected: Mrs. Warren Ingersol,
Tecumseh, district president: Mrs. J.
A. Daugherty, Pawnee City, vice presi
dent; Mrs. O. J. lUlchcock, Havelock,
treasurer; Mrs. J. F. Croft, Tecumseh,
and Mrs. D. IS. Shall, Otoe, commit
tee women.
Miss Pyle and Miss Trine, Ne
braska federation scholarship students
at the University School of Music,
appeared In a violin and piano pro
gram.
Mrs. F. C. Toni of Brock becomes
pnst district president with the In
stallation of Ihe new officers. The
ilelegates and visitors have lieen en
tertained in the home of Woman’s
club members here.
Opera led Transferred.
Table Hock, April 2.—Hugh B.
lladsell of Nebraska City has been
transferred to this station by the
Burlington railway as day operator
here, relieving Hoscoe Zink, who takes
the position as agent hare. Hadsell
has been In the employ of the rail
way for the last IS years and lias
acted as agent and operator at
Geneva, Strang, Humboldt and sev
eral other southeastern Nebraska
towns. He will be replaced at Ne
braska f'lty by M. W. Miller.
We Have
A. IV- Hickman,
l.uiiilicrinun,
Aurora. Natl,
Mr. Illckman came to Nebraska ex
^ •. 11y half a century ngo last Wednes
day, be recalled oil III" arrival ill
Omaha to atiend the notary conven
tion. He Is a charter member of the
Rotary club of Aurora,
lie owns lumber yards at Mar
on.-lie. North Platte, Norfolk rind
•Vlldeit and Is active In mnnv lines be
, aides
/
Convict Loses Figlit to Collect on
Insurance Policy 'of Wife He Killed
J
Son to Reeeive $2,500 Lawyers Sought to Gain for Father
—Slayer Considered Same as Dead Linder Risk
Statutes of Nebraska.
A man cannot insure his wife's
life, kill her and then collect the In
surance money.
This is the purport of a decision
handed down Thursday by District
Judge Sutton in the case of William
L. Phegley and the Old Line Insur
ance company.
Phegley was sent to the state
penitentiary from Adams county
for killing his wife, Laura. He is
now In the penitentiary for the
crime, but counsel for him was
seeking to collect a 92,500 Insur
ance policy covering the life of Mrs.
Phegley.
Judge Sutton's ruling enables
Mrs; Phegley s son, Paul A. Emery,
to collect the insurance money.
Two points were Involved. First.
Mrs. l’lieglej had asked a repre
sentative of the Insurance company
to change her policy so that her
s m. rather than her husband,
should receive the insurance money
on her death. Counsel for Phegley
argue that company rules Insist
tllat the person insured must give
a written notice to make such a
change. Tills. Mrs. Phegley had
not done. Judge Sutton held on
this point that only the insurance
company could raise the issue in
volving its rules, and that if the
company waived the written and
signed notice for (he change in the
policy. Mrs. Phegley's request must
he respected and the son receive
the insurance.
In deciding the point which in
volves the murder, Judge Sutton
quoted compiled statutes of Nebras
ka for the year 1922, section J230,
to the effect that “no person who
has been convicted of unlawfully
killing another, or conspiring un
lawfully to kill another, shall be en
titled to any insurance on the life
of the deceased.”
The statute continues: “If the
person so convicted is tite benefi
ciary under any policies of life in
surance. or beneficial ,certificates,
such Insurance shall go to tlie tier
sou or persons who would lm\e liejcu
entitled thereto If the person so con
victed had been dead at the date of
the deceased."
Which, in a word, means that so
far as collecting insurance money
as a result of ills wife's death,
Phegley. alive in the penitentiary,
might just as well he dead.
Rotary's Work to
Rescue Crippled
Children Related;
Dr. Henry Tells Listeners
How Much Their Help
Means; Governor McMul
len on Program.
Nebraska's governor, Adam McMul
len, and Dr. K. C. Henry were the
f»atureil^speakers at the Thursday
afternoon session of the IPth district
Rotary conference held at KIks club
auditorium. Several hundred Ro
tarians and their wives heard Gov
ernor McMullen express his views on
the Ideals of Rotarianism and an In
spiring Illustrated address by Dr.
Hqnry on the causes that make crip
pled children.
Dr. Henry laid bore the hideousneSa
of crippled lives. He showed by mo
tion picture and told Ids listeners the
horror and hopelessness of a cripple,
confined for life in an institution.
He compared the old new methods of
caring for cripples, and he pointed
out whaV the "spirit of Rotary” means
in connection with his subject.
Dr. Henry said: "We manufactured
2,000,000 cripples during the world
war. This was mainly responsible
for (he growth of ‘industrial surgery,’
a term applied for the new method
of treating those crippled by acci
dents.
Shun Motion Piet lirrs.
Threre are three great diseases
which make cripples, the speaker
asserted. He described these ns in
fantile paralysis, a disease which
science has not 5'et completely solved;
Little's disease, a scar on the brain
which cornea/frequently at birth, and
tuberculosis, T)f which tnucli has been
learned.
"A healthy body and a healthy
mind is a significant thing—one acts
on the other." he sqid. He empha
sized the influence of environment in
the care of cripples, stating that the
modern met hod of curt depended
much on the mental attitude of tho
cripple.
Three reels of motion pictures il
!ustrated the lecture. The picture*
showed the old and new institutions
:■■■■’ nvv I* in caring for the crip
pled. The pictures portrayed almost
■ y d termed persons and how
their conditions were Improved.
Dr. Henry concluded his talk by
refet-ing to "the Master Rotarian of
1SH10 years ago and the service he
rendered to humanity.”
Governor Praises Rotary.
Governor McMullen, at the close
nt the session, spoke on the practical
Meals of Rotary and likened them to
tlie Golden Rule. The Idea ^liat
Rotary Is trying to promote would
do away with all wars and jeal
ousies, he said. The governor re
ferred to the legislature which just
adjourned at Lincoln by saying that
lie believed that the Nebraska law
making body was an example of that
which embodied the Rotary spirit
during II* recent, session.
"I do not know it there is a sin
gle Rotarian In the legislature," he
sHld, "but In order to enact leglsln
lion ttint would l/e of service to tlie
people a legislature must have I lie
right spirit and In this session that
laxly lived up to tlie requirement."
Other Kotarlans who spoke briefly
during the session are John Bev
eridge. Omaha superintendent of
schools; Cliff Brooks, Falrbury, Neb.;
Arthur Jones. Hastings, Neb.; Harry
Thorpe, Norfolk, Neb.; John Knut
son. Sioux City; Walter Head, Oinaiia
banker.
I’oIhimI Home Burned.
Bridgeport, April 2.—While the
family of John Roland was away
from home (ire of unknown origin
destroyed lheir house near Stewart.
The Rolands lost nil of (heir house
hold goods and all of their clothes
except what they had on their bucks.
Mrs. Roland was teaching school at
Huntley and Mr Roland xvas hauling
grainwvhen the fire started. The loss
Is estimated at • |5,00n.
Bonfire Burns Home.
^fteyiiold*. April 2. The home of
George Hlinpkln*, old resident of ihl*
place, wn* destroyed by fin* *tfirt!n(f
from n bonfire whtrli Atr. Hltnpkln*
hud lit In the ynrd to hum dry am**
and leave* which he w** rnklnp: up.
Very llttl w;'n K»\ed «nd the lo*» I*
cist 1 mated at |2,500
Dodjre Stock ^ill
Be Sold to Public.
Bankers Declare
More Than 100 Million l)ol
larx” \\ orlli of Securities
W ill He Put on Market,
Officials Announce.
New York. April 2.—Some of the
country's most powerful financial in
terest- will hr associated with Dillon,
Read A Co. in financing the purchase
of Dodge Brithers, Inc., automobile
manufacturers, for slightly less ^han
$175,000,000 in cash.
Although negotiations for control of
the huge motor company were carried
on single-handed by Dillon. Read &
Co., the firm will have the support of
a strong banking syndicate in under
writing the transaction and offering
securities of the new corporation to
the public. Allied with Dillon. Read
& Co., in this connection, will be
Kuhn. Loeb &-f Co., the National City
company, Blair & Co., the Chase Se
curities corporation and the Central
I’nlon Trust company, all of New
York, and the First Trust and Sav
ings company and the Continental
and Commercial Trust and Savings
company of Chicago.
More than $100,000,000 worth of
stocks and bonds of the new' Dodge
company will he sold to the public.
Although banket** have not jet de
cided on the total amount of financ
ing. it was estimated in the financial
district that by applying part of the
Dodge cash reserves to the purchase
price, the public offering could be
limited to about $125,000,000.
Dillon, Read's winning bid for the
Dodge properties involved In this pay
ment of at least $30,000,000 for "good
will." wlPoh is believed to be the
largest price such an Item has ever
commanded In a cash transaction.
The General Motor corporation. In
its offer, was understood to have val
ued the Dodge company’s "good will"
at roughly $34,000,000, basing its esti
mate on plans to make Dodge a unit
in its combination of motor com
panies.
M. P. Meiuinger Succunihft
to Stroke of Paralysis
Madison, April 2.—Michael P.
Melsinger, for many years a resident
of this county, died at his home in
this city Tuesday after a stroke of
paralysis. Funeral services will he
held Friday afternoon at the resi
dence and at the Trinity Lutheran
church, and interment will be made
in Green Garden cemetery.
Mr. Melsinger was born October 20,
1804. at Mackinaw, HI. He came to
Plattsmouth. Neb., when a. lad of 11.
He settled »*n a farm in Green Garden
in 1905. About a year ago fite family
mo veil to this city.
Mr. Melsinger is survived by his
widow and two sons. Finest and Frol,
residing near Madison, and three
daughters. Mrs. Wllliarfi John Rclimldt,
Mrs. Henry Preuss and Airs. Mrs
William I'reuss. all near Madison.
W e-lern to Have New Store.
\Y'esterh, April 2.--M . A. Schultz,
former resident of Western, but for
some time a resident of Lincoln, has
(•ought the corner lot in the business
section of Western, formerly owned
by Chark* Brown, veteran business
man of Western, and will erect a
one-story brick and tile business
building* Atkins and Steele have the
< on tract, and the building will be
complete*! fills summer and Blocked
lor a general Store. Tiie Gharles
Blown store on the ligation was
burned six month* ago.
\\ ooilnmi Giose Delegate*.
Beatrice, April 2. Gage county
convention of the Modern Woodmen
of America was held here yesterday
and delegates to the state convention
to he held next month in Lincoln
were elected. The towns of Wymore,
Blue Springs. Liberty, Filley and
t'ourtland were represented nf the
meeting.
Married in Council Hluffi*.
Th# foliov- hijr 11# r*< r\ti nlifntruvl iiri rrfsgs
ll- in«»* |n (*nun<'il muff* ;
VVHJfsoi Msklmtd Is. f?
Klhn K authnrt < inl. ;<wi In lx
ISol*#i t 10 Pfi| I lint* niUffa , "i
'r|f*u I’nlton. <>HUIntDt, fn. ID
M S Mlnplfty, VlnfMl. N D - ::,
Heth#r fuijio l.inentn. N‘sl». .... ... I7
bather TUr- Inf. itmahtt ■
• f 1 et» tldvln 4, Pinnlu
ft®i A Horn, ti »iti|. 2
j\srns'#\ L«n«. Uiunka. •••••••••»•••«• Zi
Ous' J$y
: yy. to
0<y Mail
1
Dismissal Ends 48-Hour Dead
lock in Case of Tony Pen
essi. Charged Willi
Slaying Conspiracy.
15 Ballots Are Taken
Aflcr deliberating for 4S hours
without reaching an agreement, the
Jury diawh to decide whether or not
Tony Penessi was guilty of conspir
ing to kill Angelo Tatnborano was
dismissed by District Judge Charles
A. Goss at 5 Thursday evening.
The jury stood eight to four for
conviction when the last ballot was
taken. More than 15 times the jury
men cast their votes. When they first
voted there were six for conviction
and six for acquittal. Next two votes
were seven to five for conviction.
During the Inst eight hours of their
deliberations the vote remained eight
to four.
Iteleased on Itonii).
It. stood thus when Judge Goss
called the Jury in Thursday morning
and read "additional Instructions,” in
which lie advised the jurymen to give
consideration to the arguments of the
majority. The Judge pointed out the
great expense of the trial In urging
the jurymen to reach some decision.
A bond was arranged for Penessi
pending another trial.
The Jury went out at 5 Tuesday
after lawyers for defense and state
had argued two and a quarter hours
and Judge Goss had given ills instruc
tions.
Trial of Penessi on charges of con
spiracy to commit a felony began a
week ago Thursday. At his own re
uuest, he was tried separately from
the two alleged conspirators indicted
with him, Vincent Ritonyaya and Jim
<'larizio. the latter a brother of Mrs.
Angelo' Tatnborano.
One Turns Slate Witness.
Ritonyaya, turning state's evidence,
told on the Witness stand, a remark
able story of cold blooded planning to
murder Angelo Tatnborano. lie said
Penessi offered him and Ed Moravec
'500 for the ''job,” that thejr .went
to where -Tamborana worked^- a the
Missouri Pacific railroad yar‘"i the
right of January 2% and that Moravec
struck him with a small ax several
times.
Ritonyaya. overcome with remorse,
notified police.
Evidence was that $10,000 insur
ance was taken out on Tamborarto'a
life within a few weeks before the .at
tack on. him.
Punishment provided for eon
spiracy to commit a felony is jail sen
tence up to two years and a fine of
not more than $10,000 or both.
EVANS CASE NOW
SET FOR MAY 11
Ivan 1). Kvfcn* Is now to be tried
on May 11. Hi* trial was sot for
April J. but his counsel, Judge Sulll
van of Broker! Kow, appeared before
Judge Bharles A. ';•** Wednesday
afternoon with a request fur another
continuance.
Bounty Attorney Henry Beal point
ed out tlmt the trial of Evans, who
H former county attorney of Thomas
county, has been delayed for fully «
year. Sullivan based his request for
continuance on the fact that lie must
try cases up state during April, and
therefore would find it difficult to an
pare l.ere for Evans.
Evans, who 1* charged with solicit
ing a bribe while lie was holding a
public office, appeared In t lie court
room for n few minutes. His counsel
first argued to quash tlie charge
against Evans, and when Judge Qoss
refused to do this he asked the con
tlnuance until May.
Electric Power Installed
in Shop* at Plattsmonth
Platt*mutJ>, April 2.—-The Burling
ton shop* here are gradually sub
*t 11 ti till g electric, power for eteam
power and have recently contracted
with the Nebraska this and Electric
company, which maintains a central
generating system here, and Is also
connected with Lincoln amt Omaha
by high tension lines, for current. The
original Installation was for direct
current manufactured In It* own
shop*, but I* now being changed to
alternating.
No Metal Airplane* for
Proposed Arctic Flight
Detroit, April 2—Tim Stout Metal
Ah plane company will not bo able to
furninji airplane1* for a proponed Iran*
Arctic F’ari* to Sun Francisco flight,
William Ft. rftoiit, president of the
company, said today in an nn.sucr t*»
a query wilt I'Mecl Ford. «n official
i»f tli* company, by the California
Holden Jubilee committee.
The reason given by Stout was that
ill plane* now built or building by
1110 company are wold.
\\ Ninon* Gardener Dead.
Wymore, Apr. 2.--0*car Fulton, s.'t
resident of Wymore for nuinv year*
died at the home of hi* daughter.
Mr*. Fe*a TO. Tjumbert, ot Lincoln,
and the body wan sent to Blue
Spring* for burial. Fulton wax a
gardener tier© and Bold quantities of
vegetable* to the citizen* for many
*o«*nn*. The funeral service* were
In charge of Hev. K. F. Bowel), of
the Wyinore Cbrietlau church.
Anlo I pact in Ditch.
Wvinore. April 2. A heavy auto
mobile owned and driven by M H
l\ Inles. reeldent of Wymore f• *r many
veai*. and occupied with him l»v a
Wymore >nunf woman and another
Wymote couple, wax overturned In
the ditch at •• tmn in Die libhwaN
ft * I girt dial mice from (hU* clt> on
I Wediiexdm night and all occupant*
I < • ijetl xrrioUi1 Injury 'I'hB mr n»<
| UiMwkBd ana was lowtoi in.
Child Wife
Takes Stand
to Aid Mate
Girl. 14. Plead* for Husband.
28. Charged With Aid
ing and Abetting
Delinquent*}.
Decision May Startle
District Judge i,. 11. Day is to pans
today on the legality of the marriage
of Alary Vokal, 14-year-o!d Highland
grade school girl, to Jesse Vermuellen,
28, former soldier and a father by u
former marriage.
Charges of aiding and abetting the
delinquency of Mary, prosecuted by
the county attorney’s office, were
heard by Judge Day Thursday after
noon .
Mary took the witness stand during
the hearing, testifying that she had
"gone" with her husband for two
years, that lie had often taken her
to dances and that she wanted to Con
tinue being "Mrs, Jessie Vermuellen."
Vermuellen took the stand In Ids
own defense, He said he had botight
Ills way out of the army for the fnjg
purpose of marrying Mary. He ob
tained a job, earned money to buy
furniture and a lot for their future
home, he said.
"Parents Consented."
Vermuellen also declared Mary's
parents, who caused the complaint to
he filed against him, knew of his In
tentions to marry the child, and that
they did not object. He said he lived
for more than a month with them,
and that the furniture he bought ju
preparation for the wedding had been
moved to their home at 2016 Drexel
st reet.
Mary's father wept bitterly on the
witness stand, as lie charged that
Vermuellen had delilierately stolen ids
little daughter away from him. He
said, through an Interpreter, ttiat
Mary was much too young io marry.
John Osmond of Sarpy county, who
drove Vermuellen and his child wife
to Lincoln on a weekend honeymoon
and who also is charged with aiding
and abetting'* Mary's delinquency,
testified that he thought the child's
parent knew and approved of the
marriage.
Sensation Predicted.
Counsel representing both Ver
muellen, the bridegroom, and Ms
rnond, argued that they could not be
guilty of aiding and abetting delin
quency because “there is no delin
quency in this rase."
"You arc* Mrs. Jessie Vermeullen
and wish to be known by that name.
Jo you not?" he asked the child.
"Yes." responded Mary.
“And be was good to you while
you were together?"
“Yes, he was/’ said Mary^
Iowa laws hold the marriage of 14
year-old girls legal, and Vermuellen
and Mary were married in Council
Bluffs.
It Is predicted that Judge Hay s «
i ision mnv prove sensational.
WOMAN’S CLUB N
DISTRICT MEET
S|n»r!rtl lMs|»at<*h U* The Omaha Bre.
South Sioux City, Neb., April 2.— j
The 22d annual convention of the;
third district of the Nebraska Federa
tion of Woman's Clubs will be held
here April 7, 8 and !*.
Attorney (leneral O. S Spillman will
speak bn “t*aw Enforcement" at the
meeting Tuesday evening. April 7
Wednesday morning Mrs A. O. Peter
son, Omaha, state chairman of art.
will give "Hints on Art." Miss
Schmidt. Omaha, case supervisor, Ne
braska Children’s Horne society, will
speak on "The Child and the Broken
Home" Friday morning.
Fanny l >e How. Coleridge, Neb., has
been president of tlie third district
for the last three years.
Mother. Babe Die in reek:
Two Other Children Are III
Cedar Rapids, April 2.—Mrs
Oeorge Homan died of influenza at
her home on a farm near Cedar
Rapids Monday. lfer 7 months old
lgiljy died from the same cause and
wag hurled the previous Tuesday. One
of two small children left has double
pneumonia anti the other also is 111.
Resides the children, Mrs. Homan Is
survived by her husband and many
relatives.
Cleveland Capitalist
Freed of Fraud Charge;
Cleveland, <>y April 2. Josiah Kir
by, founder npd funner president « f
the defunct $30,000,000 Cleveland His
count company, on trial here, charged
with Issuing a false financial state
ment with Intent to deceive, whs
found not guilt > late today b> ft Jury
of six nu n and six women which hue I
hern considering the case since ye**
teniay noon.
Cuueih- Held at Pl\mouth.
Plymouth. April 7 - A town caucus
was held hero last evening and the
following candidates for village true
tees were nominated: Heorge Schopp.
Henry Hierkman, Krnet Niemelr.
John Hoik, and W. K. Rerske.
II allliill Rrsiilrnl
Sols \#’ic Half Rrronl
on l inks in I loriiln !
v_J\
w .ike'i'll hi. \pi ii t \« eotdin lo
word r*eel\ed here, Charles Mathew ,
•tut of \\ allliill, a former resident of;
Wakefield, who lias t»cc»i s|H‘itdlitg
(lie wittier in Florida. reoentK tele j
healed hi* «8l|i bblhday annhenutt>
playing gull and breaking flic icioiil
<n 4lie links where lie plavd b>
plating 18 hole* in idglil hours.
Mr. and Mrs Maflirwson weir en
t< rtainiui: frieniN oil the otnitiuit.
and when Mr. Mathew son'* muni !
hei tune known, ho \uo |»itscnicd1
with an <^18 hull all mi loving cup
Father Uses Timber on Daughters
Escort; Court Declines to Take Action
I __.
Parental Ire Aroused V\ hen JO P. M. (.omes and lair
Kails to Retnrti; Strong Measures Receive Approval
of Judge Crawford.
Shieks beware!
' Fathers may now chastise young
men who keep their daughters out
after the time set for return.
At lo:i*t County Judge Crawford
held that they may in deciding tlie
case of Clyde E. Gamier, 26. 1316
M • street against Ernest Hender
son, Forty-sixth and M streets.
Clyde was chastised by Mr. Hen
derson. He had been out with Mr.
Henderson’s 17 year-old daughter,
Alice. When he drove Alice home
at 11:30 Tuesday evening, Mr.
Henderson met them.
Escort Suffers Injuries.
As a result of tlie encounter
Clyde suffered a black eye and a
swollen cheek bone, lie didn't like
this treatment, even from Alices
father, so lie had Mr. Henderson
arrested and charged him with as
'Vault and battery.
“We told Alice to cotne home at
10," said Mr. Henderson in county
court Thursday afternoon. "W hen
s,.c didn't arrive we were worried.
When they finally came near the,
house I thought I heard her scream.
I picked up a two-by-four and ran
towards tills fellow's car.
“Alice was getting out, but this
fellow pulled the door shut and
started the car. I got in. though.
He hit me first. I then hit him. He
got out and ran,"
Alice said she had been out twice
before with Clyde, but that on Tues
day night, when she suggested that
It was time for her to go home, he
became a little "fresh.
Denies Hitting Father.
Clyde denied that he struck the
irate Mr. Henderson, declaring that
aswthe father approached with the
two-by-four his one great ambition
was to >scape the Impending par
ental wrath.
"Jt seems that almost everybody
in tills cose is to blame.” saw dep
uty County Attorney Yeager, who
represented Clyde. "The parents
shouldn't have permitted Alice to
go out with a strange young
man. Nor should Alice have struck
up an acquaintance with him in the
first place. Nor should 1 ‘lyde have
kept Alice out In the car when she
asked to lie taken home.'’
Judge Crawford dismissed assault
and battery charges against Mr.
Henderson without a comment.
Clyde is an insurance salesman.
Alice l* employed by the J. It.
Phipps company. Mr. Henderson
Is with the Union Stockyards com
pany.
Judge Halts Suit
of Duell Against
Woman Film Star!
Former Head of Movie C.on
eern Ordered Held for I rial
on Perjury Charge:
Sanity Doubted.
New York, April 2.—Federal Judge
Mack today put a dramatic finish to
the trial of n suit to compel Lillian
Gtsli to make movies only for the
company headed by Charles IL Duell.
The court abruptly halted the tes
timony of a witness, dismissed the
suit, ordered grand jury proceedings
aiming at Duell'*? indk ttnent for per
jury. and further recommended that
steps be taken Jo disbar him from
practice as nn attorney.
Duell was ordered lie Id in SlCUnlO
l*ail for grand jury action on the
court s charge of perjury, but later
was released in cjstody of his
I brother.
Federal Attorney Buckner an
nounred he would present the charge
to, a grand jury next week.
The court said with one or two ex
ceptions he never had judged a case
"of more flagrant, outrageous breach
of trust and overreaching." or invftlv
ing “more down right perjury,** than
had been shown by Duell. “The only
possible doubt that the court ever en
tertained as to the wilfulness of the
perjury, arose yesterday ,** said Judge
Mark. /-The doubt engendered was as
to the possible sanity of any man who
| thought or could think he could get
away with the tissue of falsehoods
attempted to be perpetrated on this
court in the affidavits and hi the tes
timony. That doubt as to sanity has
not, however, become a conviction
with the court. The witness (Duell)
in other proceeding may endeavor to
establish that insanity as a defense.”
Duell is president of Charles H.
Duell, Inc., a motion pkmre company.
He was head of Inspiration Pictures,
Inc., with which Miss Gish signed her
Icontract,, before it went into liquida
tion last fall.
Duell filet! a summons and com
plaint in federal court on January 30,
seeking to enjoin Miss Gish from
making moving pictures for anyone
but Inspiration Pictures, Tnc., of
1 which Duell was president. This com
pany later was liquidated and Duell
| formed Diaries II. Duell, Inc., also a
'motion picture concern.
Mason Pin Morn 55
Yoars l>\ His (.ramlfatln-r
Hartington. April 2.—Ja Mot’on
nalia was present* A with a Masonic
pin which his gcandf aster, the late
Dr. Jay McC’onnaha of Plattsmouth,
had worn for f>5 years, when he re
ceived the degree of Master Mason
here.
Dr. Mct’onnaha received the pin
when he was initialed into the
Masonic order In Pennsylvania over
tio yanrs ago. The Mct’&nnahns have
been Masons for several generations*
and have held high degrees in the
oi tier.
Permian* Deliver Note
oil lama- Vrira Dispute
Washington. April 2.— The Peruvian
embassy presented a note to the State
department late todav having, to do
with President, t’tvolldge's recent arbi
tral award In tin Tacna Vrira dispute
lief ween that nation and Chile.
The communication was delivered
shortly tw»fore »*• and State department
offictalM refused to make any part of
It public in the ah*en<-«» of Secretary
Kellogg.
Wood Poi >on Follows Injury.
Mtirrl)', Apr, 2, linrold DmiMt.
yotm* laborer of Hite plop*, \tn, *c
verely Injuiod n hllo working on «
rani'lt n<’«r llynnnle. ncoorrtlns to
Word received by n. sharp. Me
fatht*r In Intv. botnanv \vn, hauling
hny when » eliiEletree hooka and
air tie k hint Juat Itehov the knee, In
fli.'ttns ft wound lltat develojtpd blood
pulaott. Pit) elolaite nie of the opinion
that the los o.’ttt l*e eitte.1
I* arm Itaru Hurueil.
Bridgeport Vpi II Fire oi qu
known origin damtruyed tt bntn ->n the
M o k Httikllff pi o r* southeast .f here
t,i Lnrndwatei .\b*Ll«\. There was!
uu unv in in* uu the place* p I
International
Board on Lalwjr
Raps Americans!
Representatives at Geneva'
Condemn Child Labor Con*
ditions in Parts of
l nited States.
B> 1 lie \*(KK,iat<*t! I‘rp#».
Geneva. April 1.—Child labor cou
ditions in some sections of tbe United
States wer» condemned today by
labor members of the governing
hoard of the international labor of
fice. which opened a three days’ ses- ,
sion here.
Van Ourlegeest. president of the
Dutch labor federation, and Leon
Jouhaux of France, president of the
Central Federation of La nor, urged
publication by the bureau of all pos
sible Information on conditions in
America. He expressed tbe belief
that world public opinion tills could
laa bro ight to bear on the Americans
ami culminate in an Improvement.
Albert Thomas. France, who is di
rector general of the International
labor organization, answering the
laborhe delegates, explained that the
governing board had no right to' ln
tirfere in what the Fnited States gov
eminent state governments were
doing on the child labor question. He
said, however, it was the buteau's
duty to publish all statistical infor
mation because of its bearing on gen
eral industrial conditions. M. Thomas
added that he already had requested
the bureau's representative in Wash
ingtcjj to collect and forward data.
The discussion of conditions in the
Fnited States was the sequence to
the recent apparent rejection by the
Americans of an amendment to the
constitution authorizing federal laws
<-n the subject of child labor and
a rose from fear of the labor leaders
that rejection of the proposed amend
ment would prevent an amelioration
ol the condition of children in cer
tain states. The American conditions
were discussed together with those
in the mandated countries and China.
Legion Auxiliary District
Convention Held at Sidney
Sidney, vpril Sidney unit \'o. 17,
American Legion auxiliary, was h->-'
css to the Seventh district conven
tion of the organisation Tuesday. The
Seventh district includes S7. units In
the western i«art of the state. Mrs.
Glenn LaSalle of Uhapell. the preet
dent, presiding at this meeting. The
morning session was devoted to the
address of welcome and responses and
was followed by a luncheon. In the
afternoon the business session was
held and a patriotic songfest engaged
in. Mrs. McGInsson, state president,
save an inspiring talk and Mrs. C.
K. Golding spoke of the Americanisa
tion work of the order. More than
100 delegates from out of town were!
presen t.
-3 \dd<*d In Kmersou
Lopiou Post by Drive
Kmerann, April In a rampauen'
cn her* b.v tw^ division.* of the
lovrtf American l.ejtlon. 23 niftnl^m
Here added t»> the 01 £itnizatlon. 15
l*eii»if obtained by the winner* and
eUrht by the lowers. The loner* nerved
the winner* with a chicken *\>|>i»er
followed by *peeohe« ami muilo.
A ork (.lull hlecl* Offriers.
York. April 2 At the annum!
election of officers of York Woman's
liepartnient club, having over SOPi
menders, the following officers were I
elected: President. \ii» )t,.t^..-t viol,
vf-e president. Mrs I’. G. ltennett.
second vice president, Mrs. Oscar
lt> strom: recording secretary, Mrs.
t’. K. 1allneon; corresponding secre
tnry, Mrs. F P. VanWIckle. treas
urer Mi- Glenn tie- g,- auditor I
Mrs. El. W. Kmery.
I The Weather I
s*-— ■ ' ■■ " ■ -—_J
»•*<*»• : K hmin \ r m \|
PrfHl>it«liWl in hi’« nil, ,s(lth* !
TxMUl 3?. RtlH'fl .lnnilSM 1 " IX i
Itoiirti IVwiifmi MIF*
* n v\. . . t |V n , j
f H til ,V* * |t |.i
* * *i*
* n, tv
tip ,4 • I ;
111 BvdU ~».ll I P. it, l»|
Shepherd to
Get Speedy
Trial, Plan
Defense Counsel Continues
Fight for Bond. However, •
Despite Promise of Quick
Action in Case.
Judge Twice Denies Bail
Uy l iilversal Service.
Chicago, April 2.—William D. Shep
herd will be arraigned next Thurs
day on a charge of killing his mil
lionaire ward. William Nelson Mc
Clintock. by administering typhoid
germs after Mm. lintock had made a*
will in Ids favor. Shepherd's trial
will lie set for as early as tlie court
can fix it.
Those promises of speedy actio t
constitute about all the satisfaction
Shepherd got today out of his second
effort to obtain his liberty on bail
tending trial.
Judge Jacob II. Hopkins flatly re
fused to reopen the matter of b*Ji
and ordered Shepherd bock to a cell
lit the county jail. His attorneys
said they would take the bail tines
lion to the supreme court, no matter
how eoon his trial was set.
The defense came into court today
yvith a mass of affidavits which, they
claimed, would prove that the entire
ease against Shepherd yyas a ''frame
up'' yvith blackmail as the original
motive.
No Proof of Innocence.
Judge Hopkins, after reading the
affidavits, held that with one excep
tion they yvere merely reflection*
upon the integrity and reliability of
witnesses against Shepherd and of
fered n.i evidence temUjig to shew
he was innocent. *
Tlie exception was the affidavit of
Mrs. Anna Koch, who said that her
son. Earl Clark, has confessed to her
the whole case again*t Shepherd was
built on perjury and that his own
testimony was false.
"I warn you that if Mrs Koch te*
tides, the state may put on Clark,'*
said Judge Hopkins, and the defense
refused to avail Itself of the permis
sion becau-a of uncertainty ae to
Clark would say.
Thus Clark, heretofore only p cor
roborative witness for "Dr." C. C.
Faiman and J. P. Marchand. who
have »«om Shepherd sought instruc
tion in bacteriology at Falman’s
'Whool" and obtained live typhoid
germs there, became the central fig
ure in the ease.
Both Claim (lark.
Both state and defense claim him
as a witness. It was Clark who first
told the authorities that Shepherd had
written & letter to the school asking
about a course in bacteriology. The
defense recently charged that Clark
lutd repudiated that statement and
confessed he kneyv nothing about the
case except that he had been told
what to say by Faiman and Mar
chand.
Clark, who tiaa been in custody
several day * as a result of his sup
posedly vacillating attitude, today is
sued a statement that his mother mi*
utulei stood him. that lie had not told
her he was a party to any frameup.
hut that his personal opinion was
Shepherd wa« not guilty in spite of
the strong circumstantial net the
state has weaved about him.
Bares Bribe Offer.
* A pri\ ce detective for the defei -■
told me if I would go along with his
side I would l»e fixed up after thf
will giving the fortune to Shepherd
had been prohated," said Clark. "Ten
thousand dollars was spoken of a*
my reward, latter a lawyer aaked
me to sign a blank affidavit which
he would fill out and would give me
J5.000 for me to leave the city. He
had given me lifiuor but I refused."
Shepherd-* attorneys issued
prompt denial.
" The only promise ever made Clark
was complete protection if he would
tell the truth.’" the statement said
"There w-as no semblance of an Offei
or a hr!l>e to hint and he was not
given or offered any liquor what
ever."'
t laik the defense attorneys said
had ma le four statements absolving
Shepherd and ail of them in Hr
presence of disinterested witnesses
and of his wife and friends and at
no time was he or Shepherd’s repre
sentativea alone so there was nettbft'
an attempt to bribe oh intimidation
Bank Fniployt's \«linil
I lit'fl of SHk'i.OOU 1 iinti*
Philadelphia, April j—Charles P
I.likens, assistant cashier, and Albert
C. Haiuiuill. IxhikkeeiH't- .if the closed
I'atkesbu-g (Pad National hank plead
«>l guilty to mlaappropnnttng approxi
mutely »10.\ n(>0 of the bonk s fund.*
llsmmlll w.,s sentenced to two years
Imprisonment and fined <;• Ret
tenctng of l.nkens was deferred.
Summary of
the Day in
Washington
An rflort to postpone ooruMimm*
tK»n of the of tb« provident
w Wtvkol in a shipping
board mating.
AkUhIKui " s revived for at iloii
tho l nltrd St.-uo* to ivaateii
iutidiitf? t‘f M.u- dot:-, partfenilartv
that of KifUioo.
trmMii'v inRouiuvd that
Mruvh tNX toluol $4X3,000 *>'0-*
" uhin otir balr of one jht wont of
preliminary Mtlnwies
n*t* national tronferupOb trt ¥
r
“ ' ' ■* . ; nx \ \\ 10
The na\y dcivti tment denied that
the return here if lieu- Admit .1
Charles,r lit id *w> Mgmft
’ • " oh the flee,
luumiovy ^