J?JIE BKK: OiLiiA, TIIKM)A, IhiiLluHifta 1L', 1012.
FAIL IN PLOT TO FREE NOLEN Accouutiug of Fund j CRAWFORD FINDS FOR WICK
'Crowd" Was to Have Released Him
While on Train.
NOLEN'S BROTHER SUSPECTED
rrcnt nt De rernlir t Memphis
HIclor llnir Coinplrnry "Vn
Polled n AVity lo Omnlin
)lrMxr to Secret Servlre.
It'.it frI6hd at IMga Nolen. alia ('.
"Tum.s. hrl In Hie Douglas county Jail
h' ip for ffwlridilrif; Tom Dennlion and Ufc
lrrfr the. limits to defraud, tind plotted lo
liki rif tn Away from United State nwr
f ,V whlto1 ho nn en route from S.
tiuiimh. td OniMlia, whs discovered ye.
trr-lus lij- feileiat dstoctlvfii when a eans
1 1 Rupriyn,' bonded by Frank Hollotvtiy,
bntik toblW nml 'x-con'vlct, aivlndler nri'l
r-.oldu6? wete calitureil yesterday after
i ton n h Memphlr, Tenti.. report after a
f-ensRtlOnal revnlvi'r battle with detco
t ves. ' '
IIrIIotui,' In n ( ininln of .Vnlen.
cmrdlns''to Information In the handu
of Kox'ernm'ent aulhorltle. plana were laid
M nlfaqk il:r officers aa they paswd
turoufth Memphis en route to Omalm.
Jlowever nt Savannah, H was decided us
a precautionary .mtnaur.c that a round.
Riiout way be taken, anil the plotter were
tc lied.
Nolens brother, Urnnrt. a city detectlva
at Memphis, lias been UMnlcd from the
form because of aliened knowledco of the
1 i f fence In Memphis of the, pane which
to as arrested j-wterday In the raid, olio
of the gunmen, '.'Kinney" UerKon. wns
ht and, killed and the rest captured.
Stir Detpctlxu
Th. plot to freo Nolen, say the federal
nfficera who broURht him to Omaha a
week apo, was formed In .Memphis shortly
after ,Volen" urrent and there Is more
than a su;ilcan that Ills detective, brother
took a. hand lh It. The dfflt'Ials have In
tuelr possession a telegram aIriipi. with
h a Initials and sent from Memphis to
I s father nt Savannah under an assumed
r.aine. In whloh the father was directed to
Kct luwyers nnd fight extradition. In
event of failure to get the requisition, the
telegram Instructed Jfolcri's father to iret
an the amo train with hhn when ho was
belnt- brousht bnck to Omaha nnd then
'o "wlro me nearest point I can reach
nlm and the crowd will do tho rest."
Officials take this to be tho method em
ployed to carry out the plot for Nolon'a
'tlcase apd are conducting a careful
probe of the conduct of tllu detective
brother of the Omaha prisoner. Tho In
formation of tho plot was In tho hands
of the offlcors early enough for them to
mako a secret departure for tho north
ond by talcing a roundabout course thu
Htnimen were eluded.
A Jlee reporter visited DIbks Nolcn In
)! coll at tho county Jail Jato last nlsht.
Nolcn was told of the ownls In litrnphls
yesterday nnd he pIed. 'So tioy Kot
Mundy and Wallace and Jfolllda:', ch
uml they killed Bcircii," he muttered un
der ))l breath. And then, ns If In do
kpnlr, ho bIkIi'kI deeply and turned nwayj
'roin the Interviewer.
ou haven't been told ubout what!
happened to your brithcr, havo ypu
lgRP, ' nrktfd the reporter.
N'O, Tlld ho Ret killed:" breathlessly
kod Nolen. Interested aynln.
"Worse than that, tho enppnis Rot next
Jo him .and, he, has been suspended for
being In league with the gnnr." answered
The Dee reporter.
At this piece of Information Nolen
brlHhtcned.
'Oh. they'll never . Ret Krncst. lt
lands ucn IiIrIi with the mayor there,'
ho boaattd. Then hn became reticent and
ivould not" talk. Asked if ho know of
'he plot to' help him oscapo" from the
marshal!" on the way to Omaha, he
merely grinned 'and chanced the subject
-.v statlnR that once, when a younir man,
he worked m a. reporter on a Memphis
icwrpaper,
Nolcn wouhl not say whether he told
' nltcd Htatcs authorities of tho plot to
nelp him escape, ns was rumored In prers
dispatches Inst night.
.Vvlen, formerly was a. physician's us.
Mstout In Momphts,( nnd wns .roRardvd
nn expert In tlw administration of
anaesthetics. In connection with his
'ilirdlf.nl stiidlfs ho'ui:iel a1 a freo lunco
.eportur ,fpr Jwjil newspapers. He went
fiom MvmphlM to Minneapolis several
Vcaitf BRO.
Nolcn was cauht In Savannah tliroiiKh
tho Plnkerlon ueency, says If. II. Mills
of th federal secret servlco In Omalm.
Tho case was under the direct super
vision of Asher nosslter of St. Louis of
4he I'lnkcrtons.
Nolen was arrested November 15. Thv
dayH after his arrest In Bavunuith Kol n
sttenipted to saw his wny out of Jail, l-u
effort UcIiir discovered Just In time to
Vrovent Ills escape. Evidence was oU
tnlned by the police tendlnn to show hr
ud outride aid.
At u hearlns before (Jnlted' States Cop .
nil.'sloner Hewlett at Bavunnah on N"o
Wmbi!r 51, Nolen was hold to answer
t Omaha, to a'chaiao of UsItiR tho m;ti
n defraud. Ills boridVaa fixed at 6,M
Purine the heurlnR a woman ndt know t
In Savannah sat beMde Nolen. She left
.he city after the hoiirtiiir.
Federal officers left with Nolen .on No
vember Jo and nttmritcd to .keep th"r
route to Omaha a secret. They spent tlia
nlsM of November CQ, )n M"ncon, Oa. .
In IlnR placed In Jail thero for nafe
Ueeplns Thn next day the trip to Omah i
was continued.
Held in His Custody
'Delayed by Sickles
Al.HANY, N. v., lec U.-Hfforts on
the purt of JMnt J'omptroller AVllltaln
Sohnivr to obtain fiom Urnernl Daniel R
Sloklrs. 1" R. A., retired, an HtfotintliiK
fur certain funds wld tn him lo' tho
state as chalrmati of the New York .Mon
uments commission IihvIiir been jirifliir
cesefut. the comptroller has placdll the
matter In tho hands of Attorney General
rnrmod.v. The amount unaccounted for,
nccordltiR to the oomptfulhr, Is JJJ.IHU.'
Tho New York .Monuments commlsrton
has charge of the erection of monuments
on battlefields, and nearly MO.000 bus
ben appropriated to ln Ute. of which
about kq.(KU ban not- been oxpcinlcd. I'ho
members include Ocnoi n! , Stcklen, Oen-
oral Anson O. .Mc(!ook. Usiinral llomtln
Klnt and Ilcpresnntntlvu Thomas W.
II t ad Icy.
Oorrespondeticn miule public today
shows that efforts tp phtaln an acoount-
Inp fiom General Sickles of the funds
have been made since 1S10.
On December 7 the comptroller received
a letter from Genera) Fickle neklnR a
Holds Police Court Conviction for
Contempt Without Jurisdiction,
FOSTER MAY START NEW SUIT
ma
Cnn( .luriffr Nhjh If Wnn Krrnr
Sot lii Tllo Coniplnlnt Ascnltist
Wlrh Kiilcr .-Vim Mm
I'llr Oup.
fupther brief ,pxt
"l heu your id
beg your kind Indulgence until De
cember 20," he wrote, "when I am confi
dent I shall be able U, obtbln n loan on
my three houses and lots on tho corner
of Klftli uvrmue. nnd Ninth strnot."
Attorney General Carmody advised
Comptroller Sohmor lo Rrant the exten
sion.
Governor Ulx salil toduy that the com
missioners thicateiied to leslRn ns a Ixxly
three months ago because of the tangled
financial affalra of the commlsstoii, hut,
ho hud refused to accept their rjlRim-
tlons. Tho governor said ho hud been
advised by Attorney Ounornl Carmody
that the other uicinliers of the coiiinlHSlnn
ynro responsible with Geuernt Sickles for
the proper expenditure (If fts funds.'
Wide Disagreement
On Oleo Prosecution
WASHINGTON, Dec. 11. -Wide dis
agreement exists between tho Ticasiny
department nnd the federal courtM nt Chi
cago, It developed today, ruRardluR the
Justification for the pending Krand Jury
Investigation there of alleged extensive
oleomurRiirlno tax fraud.
Tho Krand Jury Inquiry. It l claimed by
officials, places the ifovernmont In a posi
tion of attempting u prosecution when the
Treasury department nearly n year nnd
a hntf ago promised iciircscntatlves of
ndokerH nnd other mauufneturers of olej
iiinrRarlno tint they would not be crimi
nally prosecuted for the practices under
Investigation.
Judgo KcneMiw M. l.imdls Is i-uld to
have ordered the Brand Jury Inquiry.
Artificially colored olcomiirenrlne Is
taxed 10 cents per pound ami uncolorcti
one-fourth of n cent per pound. Ilenrc-
sentutlvos of packera mibmltted to tho in
ternal revenue bureau n certain kind of
oil for use In innklnir oleo mid tho flrnt
InvcstlRStlon of the biireiiu, It Is declarer,
failed to find coloring matter. Thb pack,
cts were told they would iol bo proie
cuted If they used tho oil for uncolorod
oleomargarine. Later thn bureau chomlnw
found colorliiR mutter In nomo of the oil
and how tho government and the manufac
turers nro negotiating to determine .tho
amount of tax due.
SHOOTING REVEALS ODD
MATRIMONIAL MIXUP
DEB MOlNEB, U., peer ll.-Quoer
marital relations were made publlo hero
tonight when Dan Hoffman shot Mrs.
O. K, Wiisson, his former wife, und was
In turn shot by her husband, O. K. Wes
son, who Is a son-in-law of his wife,
Iloth Hoffman nnl Mrs. Wosson ar In
the hospital and physicians declnro the
man will not live.
Klve yearsv ago WnBson murrled a
dutiKhter of Mrs. lloffmitn. Later they
were divorced and Waimpn marrlrd hid
former inothor-Jn-law
Al Wick, one of the proprietors of the
Wick & Moore saloon, won his habeas
corpus action to 'escape punishment for
contempt of court yesterday afternoon,
when County JudRo rirycp Crawford is
sued the piayed-for writ and held that
1'ollce .ludgo Charles K. Foster was with
out jurisdiction when he fined Wick XV)
and sent him to Ja.ll for twenty-five days
for contempt Haturday.
JuiIrc Crawford sustained the conten
tion of Wlclc's counsel that the contempt
with which Wlols was charged and of
which Foster convicted him was a con
structive contempt, not a direct one!
therefore the police Judge could not have
Jurisdiction until a complaint should be
fllrt and none was filed In the Wick
ca-e. Judge Crawford held a construct
ive contempt to bo one requiring evidence
for proof; a direct one Is one which is
committed In the presence of the court
wholly and with the court's knowledge.
I'ollco Judge Foster said he could not
tell whether he will proceed further
against Wick. The ruling of tho county
Judgo having been bascc ,on an nlleged
technical error In making up thu con
tempt case nialnst Wick, Foster may
bring a new action, correcting tho error,
but the statute which provides that a
man cannot bn placed In Jeopardy twice
for tho snmo offense may operate to pre
vent that.
Cruvfort'i Opinion.
In nillng. Judgo Crawford said
"Whenever the facts necessary to con
stitute the defendant's conduct contempt
uous must be brought to the court's
knowledge by outside evidence, such evi
dence cnu only bo produced before and
henrd by tho court nfter a complaint
linn been filed, charging the defendant
with the acts to be proved by such
evidence.
"The conduct for which Wlclc was pun
ished In police court consisted first, Id
representing to the court that certain men
were the parties wanted by the court,
and, second, In having guilty knowledge
that they were not the men they claimed
to be.
"Tho police t magistrate did not know
and could not know until he hnd taken
outride f testimony that Wick knew his
Htatcinc'nt was untrue.
-"It results that since there had been
no complaint filed against him, the con
viction, of Wick based upon outsldo tes
timony was without the' court's Juris
Give Two Christmas Gifts for
Every One You Figured On
I'ostiwi is stii.i, um)i:ciui:i
roller JihIkc Mlitl of Opinion Hp la
Itluht In AVlrW Contempt Case.
I'ollco Judge Foster Is undecided today
whether .ho will fllo a complaint against
Al Wick, one of the proprietors of the
Wick & Mouro saloon at 912 Dodgo street,
charging htm with contempt of court,
Foster 1b .taking tho matter under consid
eration for a few days.
Although J.udgo Cfawford found for Al
U'lcH 'in .tho county court yesterday after,
noon, Judge Foster, is Btlll certain that
tlo contempt against hls'court wad com
mitted In the court' room and wns direct
contempt Instead of Indirect as Judge
Crkwford stated- " ' .
Mnrprlser !. SI noli .Surprised,
SIOUX CITY, la.. Dec. ll.-Inton'dlng
to sitrpYlsa her husband, Mrs. Harry
Murphy arrived hern yesterday from a
ranch In Colorado, only to find her hus
band In Jail. The cnarges against Mur
phy wero brought by Doulso Browning
of I'ender, Nob., who claims that she
wan Induced to come to Sioux City and
then held prisoner In a Sioux City hotel.
Key to the Kltuatlon lleo .dvertlslng.
DAWN ftftGttEATFJ? YU . . -J m. -vi.: a j
.-- vantage oi the most unusual and
timely opportunity. This will be a
year of practical gift-giving, and the
Nebraska's great sale will make it a
year of practical gift buying.
Do Your Christinas
Shopping Now
Practical Gifts
For "Her"
Cloaks and Suits,
Beautiful Furs and Fur
Coats, Fine Furnishings,
Everything in Women's
and Misses9 Stylish
Wearing Apparel
Double the Purchasing Power of Your Christmas Clothes Money. Don ft Miss This Big Sale
The Nebraska's Great Sale
will make this the merriest Christ
mas you have ever experienced. The
wonderful sale now going on here
cuts down the cost of gift giving
from One-Third to One-Half
The Nebraska's Enor
mous Stocks Must Go
Practical Gifts
For "Him"
Suits and Overcoats
Fine Furnishings
Hats and Caps
Everything in Men's and
Young Men's and Boys'
Fine Clothes &Furnishin's
J u)i ii A. Swaiison, l'rcs.
Win. fi. ITolziiinn, Ti-oas.
i i i ii i ii in i ii
i
YOUNG MEIWOIN OLD FIRM
Miller, Stewart & Beaton, Outfitters,
AhnouiTte( Reorganization.
GEORGE W. LAIER IN CHARGE
II. AVY-MulllKnn f ChUnRO llccolijr"
' Sccrrlhry lind Trrlisurff HtooU
. In lie IiiTolceU niul
" lucrendcU. ,. . ,, ,
J. W. Stewart ot Mlllor, Stewart &
'Beaton.' one of Oniaha'H largefct- furnlturo,
drapery and carpet concerns, has retired
from tho firm and a reorga nidation haa
been effected. The. new name of the
concorn will bo Beaton & Later company.
Announcement to this effect was mtido
last night by W. It. SolbJ', who con
ducted the negotiations. '
The officers of tho ncwjoncern will be:
A... I. Ucaton, president: Georgu W. Laler,
vice president and manager, and E. W.
Mulligan, secretary-treasurer.
On account of poor health, .Mr. Ucaton
VomiK Slctt In CIiurBC.
will give up the personal management of
the business, though he retains a" larg-j
financial Interest, Mr. I-aler will have
personal charge of the business and will
bo assisted hy other young men. Ho is
a man of experience In the house-furiilsh-Ing
business nnd has mude an unusal
s.iiccefcs for a young man. Mr. Mulligan
formerly was Identified with the National
I'acklpg yp.nipany of Chicago,' .
J).' Jl Miller sold h.la, Interest. In tho
bqslpess. tq Mr, Boatqn ,three ye'a'rai agOi
'but the' flfm ij'a'me ne;er v?aH:changed.
Tjio stock w(lf ie largel Increased, ac
cording to tho new .management, tllough
It is expected, -to vlnv.oce- between.. JldO.OOO
and tlW.OOO.
Mr. Beaton will soon lenvo ror Califor
nia to spend the winter with his family.
Tho store was olosed this morning that
an Invoice may be taken. It probably
will bo re-opened Monday morning with
Mr. Luler and Mr. Mulligan In charge.
Mr. Taut Benton still remalps with tho
firm.
Model Laundry
Douglas 243.
telephone changed 11)
Ohurn Trust Asked
For Triple Damages
WASHINGTON". Dec. ll.-A case prob
tibly unique In the nuiials of the supreme,
court of the I'nlted States, under tho
Sherman anti-trust law, was argued be
fore" that' tribunal today when a "trust"
In churns and butter workers was asked
to- pay threefold damuges, or more than
5100,000, on a chargo of driving a com
petitor' out of business.
D. E. Virtue and his Owatouna Fanning
Mill company of Owatouna, Minn., nro
seeking the damages. The Creamery
Package Manufacturing company aiid the
Owatonna Manufacturing company are
tho corporations charged with monopoliz
ing the creamery supplies trade. The
Creamery Package Manufacturing com
pany hiis plants In Mankato, Minn.; Ma
son City, la.; Elgin, 111.; Lexington, Mo.,
and other places.
Only once before. In the Danbury hat
ters' ca!e, has tho court been cabled upon
to consider the section of tho Sherman
nutl-trust law, giving an aggrieved com
petitor threefold damages for an injury
because of a "trust." The churn case ti
distinguished by a complicated patent
question.
WOMAN'S SCREAM FOILS
AN ATTEMPJED ASSAULT
The presence ot mind of Mrs.- John
AVebster, wife of an employe of the
Omaha Clas company living at 1833 Cas
man who attacked her ot S o'clock Jast
night near an alley at Eighteenth and
Davenport streets.
Mrs. Webster had been visiting a friend
living on Leavenworth street nnd was
walking home. As she neared the allcj
between Chicago and Davenport streets
on Eighteenth, a man leaped upon her
and commanded her to iollow. He seized
her by the arm and held so tightly thai
her clothing was torn. Sho screamed anc
attracted the attention of pedestrians
who came to her rescue. The man fled
but the police have a good description o)
him and the dragnet was spread for him
Will there
Victrola
your
home
tmas
You can search the whole world over and not find another gift
that
bring so much pleasure to every member of the family.
Missing Girl's Body
Discovered in Forest
VKRBAILE8. France, Dec. ll.-A pro
found sensation has been caused by t'i
news that tho body of a young woman
was found In the depths of the forest of
Kontalnebleu, two days ago, lias ben
identified ns that of Oabrlrlle Kude, the
laughter of a distinguished retired stir
ifeon general, who resides here.
The girl dlsapparod two months ago
In mysterious circumstances. She left
home on October 10 on a visit to her
un Ic at ft. Quentln. The same night he
parents and her uncle iccelvrd telegrau'
filed at Paris, saying that sho had mlssel
the train for St. Quentln and would ic
main for pt night In Pari .Since that
Sale she had vanished. The postal offl,
ihU said that the to'lcgrams wero handed
n by a man, and the police ot first con-
ludeil that It was a case of elopement,
Due, relative .or the girl, however, ccouW
his, aytng that kho was of a reserved
Ilid fe;jnm cjiurocter.
Further evidence that It was Mi
Kude intention tp. go tp fit. Quentln Is
upplled bythc fact that a railroad ticket
or (hat cits, was found on tho body. Th
munbeys of the family believe that she
woa the victim bf hallucinations, put Iiqw
ii. Whtrr 'she -pent the IntorVertlhg pr.
iod. In iiBW-if the fact thntWie hud on1
iitepi franc when she left home. Is a
j itry
The Mowing Omaha and Council Bluffs
dealers carry complete lines of VICTOR
VICTR0LAS, aid all of the late Victor
Recrds as fast as issued. You are cor
dialiy iivited to inspect the stocks at
any of these establishmeats:
$75 $100 $150 $200
Any Victor dealer in any city in
the world will gladly play any music
you wish to hear.
yictor Talking Machine Co., Camden, N. J.
Victor-Victrola IV, $15
Nebraska
Branch at
334 BROADWAY
Council Bluffs
Cor. 15th and
Haraey,
Geo. E. Nickel
th and I f
O.aki tVClC LO,
ckel, Mgr.
Brandeis Stores
Talking Machine Department
in the Pompeian Room
ospe Co.
1513-15 Douglas St., Omaha, and
407 West Broadway, .... Council Bluffs
Orkin Bros.
Victor Department
Third Floor
Cor, 16th and Harney Sts
Oak
Victor-Victrola VIII, $40
Oak
