i 01 IAHA Daily B EE THE WEATHER Fair i' VOL. XLVII. NO. 68. OMAHA, WEDNESDAY MORNING, SEPTEMBER 5, 1917 TWELVE PAGES. SINGLE COPY TWO CENTS. 'OERMAM -H AVNE 1 08 EM RAID E INDICTED BY GRAND JURY TONS; , . . . W f ATTORNEY GENERAL OF IOWA CHARGED WITH INTIMIDATING WITNESS IN THE KELLY CASE State Official Brought Into Court and Gives Bond Pro--ceedings Overshadowing Trial of Minister for Ax Murders Which Was Just Under Way; Denies Charge as Maliciously Brought Out. By EDWARD BLACK. ' (Staff Correspondent of The Bee.) Red Oak, la., Sept. 4. -(Special Telegram.) Attorney ; General Havner of the state of Iowa has been indicted by a grand jury. The trouble grows out of the famous Villisca ax murders. The grand jury reported to Judge Boies, and returned an indictment against Havner for willfully oppressing a witness named Alice Willard. Five years ago -6n the night of theQ Villisca ax murders, Ed Shepherd, Maurice Shepherd, Gertrude Lott and .Alice Willard, all of Villisca, over heard a conversation which implicated others than Kelly in the crime. GIVES $1,000 BOND. ' Havner immediately put up $1,000 cash bond. Court convened at 2 o'clock to con tinue the Kelly trial and the state named the four men who witnessed and took down the Kelly confession. Under the Iowa laws it is necessary for the state to inform the defense of the witnesses in advance of the trial. As the required time will not elapse until Wednesday, court ad journed until that time. . Overshadows Kelly Trial. The indictment of Attorney Gen eral H. N. Havner today' overshad owed in importance the Kelly trial, which was adjourned shortly after the afternoon session of court was caMed. 1 ' The attorney general was' in the court room at the time and took the matter with his usual stoicism. He is charged with willfully oppressing a witness, Alice Willard, at the time of the grand jury investigation of Kelly last spring. - 1 Gives Peniato Bee. . V '-Havner dictated th-fo?lewi state ment for The Beei- "I deny that there is any truth in or foundation for the charge. I have simply tried to do my duty as an officer in bringing the man to justice who killed Toe Moore and his family and the Stillinger girls, and I believe that I have done that thing and that we have , the man. "This indictment was returned by a grand jury that has been in existence here alt' summer, and if I had done any wrong the men who are back of this proposition have known it all along. "I could have been indicted long ago. I was indicted just on the eve of the Kelly trial, and I believe that it was done for the purpose of intimi dating me in this prosecution and for the purpose of discrediting the prose cution of Kelly, and also to intimidate me in connection with the. prosecu tions of Wilkerson which have already been commenced and which are 'in contemplation. Woman Was Impeached. ' "This woman, Alice Willard, whom I am charged with oppressing, is the witness concerning whom Wilkerson refused to answer a question before the grand jury, because he said that if he did answer it, it would impeach Alice Willard, and when the court compelled him to answer the question, it did impeach her- "She is'Wilkerson's star witness and upon . whose (testimony his ( whole theory rests. The prosecution of Kelly will go on just the same." Sutton Interviews Woman. Attorney Sutton interviewed Alice Willard at Villisca this afternoon. "She will he a witness for. the de fense," said Sutton, who added: ffnt1nnfl Pmr Two, rolnmn Tnnr.) The' Weather Temperature at Omaha Yesterday. Hour. i Veg. I a. m J... v IT ' a. m. . . .' Wi k K 7 a.m.... V9 b A I a. m '5v A m . 10 a. m., ass jts I 11 m iiirlJ$hs 12 m AAxrliyW n 1 p- m rr J p. m.... ...... '" p. m... ...... . 4 p. m 6 p: fll....r.4 ? p. m.:r.:::::: I ' s . m Comparative Loral Record. 1517. 1910. IMS. 1914. ft 4 S5' 86 81 ,7S 61 66 79 84 73 68 00 .00 .00 .00 "(IfVhMt yesterday lim-est yesterday Mean temperature Precipitation Temperature and precipitation departure! from the normal: Normal temperature 78 Excess for the day g Total deficiency since March 1...., ...206 Normal precipitation t .0 tnch Deficiency for the day .09 Inch Total rainfall since March 1. .. .19.78 inches Deficiency since March 1. . . . ,. 2.46 lnchea Deficiency for cor period 1916.. 1.82 inches Deficiency for oor. period,, 191 J.. . .06 inch Report From Stations at 7 P. M. Station' and State I Temp. High- Rain- of -Weather. 7 p.m. est. Cheyenne, rain 74 62 DavenporVPrt Cloudy. 70 74 Denver, cloudy 84 88 1 Moines, fiart cloudy 68 72 Doee City, "Clear 80 ' 88 ander, cloudya.. ...... 72 78, North Piatt, clear.... 88 92 !,1mh. clear........... 79 84 Pueblo, clear 84 .92 ' Rapttl City, cloudy 8i 88 Rett Lake City, pt. el'dy 8 88 8ris T'e rrt cloudy. 78. j 80 ,$heren,' clJufly. 80 84 Bioux oij, part cloudy 80 82 altntine, pn; cloudy.. 86 92 fall. T .00 .00 .92 .00 .01 .08 .00 .00 .00 .04 .60 .00 .00 .00 OMAHA FEDERAL RESERVE BANK FORMALLY OPEN Nebraska Only State Now in Omaha District, as Denver is Fighting for Wyorrv- ing Business. With a capital stock of $1,500,000 constituting the reserve deposited by the national banks in the district, the Omaha branch of the Federal Reserve bank of the Tenth district, opened formally for business yesterday in the Farnam building, formerly the old First National bank building at Thirteenth and Farnam streets. Manager O. T. Eastman was on the job by a little; after 7 o'clock 'in ,the morning, getting details arranged for the opening a few hours later. Great boquets'of flowers with cards at tached bearing the good wishes of the big institutions of the city began to arrive early. Among the handsome vases of flowers which arrived early were, those from Charles T. Kountze, Omaha Ad club, Stock Yards Na tional bank, Byrne-Hammer com pany, and the officers of the United States National bank. Money Arrives by Mail. The ready money for the conduct of the bank's business arrived from the head bank at Kansas City by reg istered mail, while the ledger ac counts arrived on loose leaf ledger pages. Thus far, only Nebraska is actually included in the district served by the branch bank at Omaha. Wyoming was included in the original division of territory, but a fight is beine waeed wherein the Denver branch seeks to have Wyoming assigned to its bank. In the meantime, with the status of Wyoming undetermined, the Wyom ing banks are still reporting to the main bank at Kansas City. , J. L. Miller, jr., of Kansas City, the governor of the Tenth District Fed eral Reserve bank, was present for the opening, as were also Directors Burn- ham Of Norfolk and Byrne of Omaha, the two Nebraska directors of the Tenth district bank. Directors of New Bank. The directors of the Omaha, branch are Luther DrakeY Omaha; O. T. Eastman, Omaha; P. L. Hall, Lin coln; J. C. McNish, Omaha; R. O. Ma'rnell, Nebraska City. O. T. Eastman, formerly of the First National bank of Omaha is manager, and E. D. McAllister is cashier.. The work started out in the morning with an office force of about sixteen men and women? The morn ing mail brought a heavy correspon dence, and -the bank started with a 17 Sprinrjfield Rioters -Held; More Warrants Issued Springfield, 111., Sept. 4. Seventeen men are under arrest todav and more warrants are to be issued ' growing out or rioting last nignt Dy street car strike sympathizers, in which six cars were demolished. The few soldiers of the Ninth and Tenth infantry regiments placed about the city were helpless to cope with the disturbers until reinforced by troops from the state arsenal and Camp Lincoln. Later. 1,000 rioters were charged by the soldiers with fixed bayonets and dispersed. The city is quiet today. Tomorrow! ' V MINISTER CHARGED WITH MURDER OF EIGHT PERSONS WITH fiX PLEADS NOT GUILTY Story of Bloodiest Crime in History of Iowa to Be Told on Stand ; Attorney General Havner Takes Charge ' of Prosecution; Horror Stricken Citizens Make Long Fight for Justice. WELSH. Meteorologist British Casualties for Last Week Reach 15,614 London, Sept.' 4. British casualties reported in the last week are 15,614. They are divided as follows: Killed or died of wounds: Officers, 364; men, 3,880. Wounded or missing: Officers, 846; men, 10,524. - . . Hold Russ Grand Duke for Counter Revolutionary Plot Petrograd,, Sept. 4. Grand Duke Michael Alexandrovitch, brother, of the former emperor, an'd his wife have been placed under arrest in con- j ncction with the counter revolutionary J plot recently unearthed. By EDWARD BLACK. . - i (Staff Correspondent for The Bee.) Red Oak, la., Sept. 14. (Special Telegram.)- Red Oak has been interested, if not excited on the first day of the trial of Rev. Lyn G. J. Kelly, charged with the Villisca ax murders. The appearance of the little minister and his wisp of a wife in the court room was of itself an attraction of importance. Then, to make it a real red letter day, the attorney general of the state, H. N. Havner, was indicted by a grand jury 'sitting in the same court building where Kelly was on trial. : Court was adjourned shortly afterQThe prisoner maintained complete composure while Uerk isrodby read a list of 110 regular and special jurors. Kelly moved his head from side to side - occasionally, as if to become familiar with the personnel of the principals of the trial.; Jiis wife gave assuring glances now and then, al though her face is the picture of sad ness, reflecting the weight of woes which Jias been on her mind for months. She, is dressed in extremely plain garments and she and her hus band are conspicuous on- account of their smallness. . ', Shakes Hands wtih Kellys. During a recess,, when attorneys for the prosecution were in conference, John Montgomery of Villisca shook hands with, Mr. and Mrs. Kelly and gave them a smile of confidence. Montgomery is father of Mrs. Joe Moore, one of the ax murder vic tims and whose home was the scene of the murder tragedy. He is one of the relatives of the Moore family who has publicly expressed his con fidence in the innocence of Kelly. He appeared at the mass meeting at the Boyd theater in Omaha and made such expressions as that he believed Kelly is the scapegoat. The specific charge on which Kelly is being tried is the murder of Lena Stillinger, elder of the two Stillin ger sisters, who were visiting at the Moore home at the time of tragedy. Joseph Stillinger, father, will be here tomorrow. He contends Kelly is innocent. ' ' the noon session and was called to re convene at 9 o'clock, Wednesday morning. TO BACK UP CONFESSION.- The state offered the names of four additional witnesses .. in connection with the Kelly confession at Logan. The defense objected to the witnesses on the grounds that four days had not elapsed since the defense had been notified. This legal technicality was overcome by the adjournment, v I The four witnesses at issue are: J. J. Ferguson, Lyman J. Irvin, Paul Roadif er and Fannie R. Lingman, court reporter, clerk of court, county attorney and stenographer, respec tively, who will testify as to the legitimacy of Kelly's confession. Reception for Accused. Upon adjournment of cpurt Kelly and his wife were greeted by a long line of Montgomery county people who filed by in a reception line. Deputy Sheriff Smith allows Kelly unusual freedom, considering the se riousness of the charge. The prisoner is not handcuffed and walks to and from the jail without restraint. "I do not want to lay down any harsh rules for this trial," announced Judge Boise. "I realize that the crowds will increase. . During a trial of this kind I believe it will be only fair to the defense, the state and the court for each 'person to deputize himself of herself to maintain order." ' Judge Boise Presides. . District court was opened by Sheriff Dunn with Judge W. D. Boise, of Sheldon, on the bench, when the Kelly case was called for trial. Deputy Sheriff Smith entered with Rev. Lyn G.J. Kelly and Mrs. Kelly, who occupy seats at the end of a long table arranged for the opposing law K Spectators in the crowded court room eyed the prisoner and his wife with considerable interest, and there was much craining of necks to get a glimpse at the diminutive man, who is charged' with the murder of eight per sons at Villisca five years, ago. - f Standing at the .table with; the Kelly's are Attorney General H. M. Havner, F.; F. Favills of Storm Lake, special counsel for the state;, ''J. J. Hess of Council Bluffs.'also for the prosecution, , and Oscar Wenstrand, Montgomery count, attorney, , Kelly Watches Jury. W. E. Mitchell of Council Bluffs, fourth attorney for the defense, an nounced they were ready for trial. Kelly is Confident. Kelly appears to be bearing up and carries' an air of confidence. Attorney General Havner and F. F. Faville arrived this morning. "I wish to deny that any unfair advan- Contlnard on Psje Two, Column Tiro.) Uncle Sam Only Buffer on the Chicago Wheat Market Chicago, Sept. 4. There was just one buyer in the ' Chicago wheat market today, and he didn't even visit the board of trade. He was Uncle Sam and he had an office in the Otis building, two blocks from the board. There was one basic price $2.20 fixed by President Wilson. The methods pursued were very simple. The man who received ' the wheat had it placed in an elevator, obtained a receipt from the elevator, took his receipt to the Otis building and got his money. NETHAWAY JURY ASKS NEGRO BE HELD FOR TRIAL Husband Asks to Be Permitted to Explain Away Some of the Testimony Given Early In Hearing. , A coroner's jury, after deliberating forty minutes yesterday, returned a stereotyped verdict of "death by a hunting knife in the hands of an on known person" after a three days' in quest and investigation into the brutal slaying of Mrs, C. L. Netha way, wife of a Florence real estate man, a week ago Sunday afternoon. The verdict, however, contained a recommendation that Charles Smith, negro suspect, now in county jail, be held for further investigation by the county attorney. , .' Mrs. Nethaway was the victim of one of the most revolting murders in the history of Nebraska. She was hacked to death near the Northwest ern railroad track in"1 South Cut be tween 3 o'clock and S o'clock on the afternoon of August 24. She was on her way to keep an appointment with her husband at Briggs crossing up the railroad track. Slain by Degenerate. . Since the woman was hot assaulted nor was she fobbed, police and Sher iff Clark's forces have, IcQme to the conclusion she was slain by a de generate with another motive. . Smith, still protesting his innocence of any wrongdoing, though admitting he was in the neighborhood of the crime on the day it was committed, was not called at the inquest for fear of mob violence. - Threats Against Smith. The court room in the court house where the inquest was held was packed to the doors by curious hun dred. Threats were murmured against the negro at the conclusion of the final session of the investiga tion, when many heretofore rumors were connected up,jn.the form of damaging evidence against the black. Smith persists that he has a perfect alibi s- to his 'movements after he arrived hi. Omaha on the Friday be fore the ntfir bufrthe'ehain'of cir cumstantiai evidence againsC him , is strong, and h will probably be tried in criminal court this fall on a charge of ffrst degree 'murder. ' Nethaway Makes a Scene. Shortly after Deputy County Attor ney Piatti, representing County At torney Magney, ex-officio -coroner, had instructed the jury to retire and deliberate .Claude Nethaway, Florence real estate man, husband of the mur dered woman, leaped to his feet and objected to the case .going to ' the coronet's body without calling addi tional witnesses. . "But this is only a coroner's in quest," protested Mr. Piatti. "I think we fiave sufficient evidence. The ner gro admits having been in all these places yojir witnesses will testify they've seen him." "There can't be too much evidence when a woman is murdered in broad daylight," shouted Nethaway. i At Nethaway's request he was al lowed to take the witness stand again and make a statement to the jury. . Denies Cursing Wife. ! In a flow of language in which he piled up his words and gesticulated ex citedly Nethaway said he wanted to rebut the testimony of one Edwards, farmer living near Florence, who told the jury Saturday that he had heard the Florence real estate man curse his wife.; . . ' "I never cursed my wife in my life," breathed Nethaway. "We were always' happy." He also took exception to the tes- X (Continued on Far Five, Column One.) Irish Hoodlums Attack American Sailors in Cork London, Sept. 4. Attacks on American sailors on Sunday night are reported in a dispatch from Cork to the Chronicle. It is said that gangs of young men paraded the streets and set upon the Americans, who were ac companied by their sweethearts. One instance cited is that of two Americans who were attacked on the chief street of Cork, a yOUng woman with them being insulted and having her hat torn off . The correspondent reports that the sailors did nothing improper or contrary to good taste to invite the attack and as far as could be learned did not retaliate. They es caped on a tram car. English Unions Oppose Socialist Peace. Meet Blackpool, England, Sept. 4. The trades union congress today placed it self on record as opposed to partici pation in the international socialist congress at Stockholm abandoning the idea of sending British "delegates. By a vote of 2,894,000 to 91,000 the congress adopted the recommenda tion of the parliamentary committee that, although an international con ference is desirable in principle, it would be useless in practice until an agreement as to war aims is reached among the workers of the allied na tions. American Red Cross ' Leaves Rome for Front Turin. Italy, Sept 4. The Ameri can Ked Cross commission lett Kome today for the front and passed through this city this afternoon. It was received here by military and civil officers. FALLING BOMBS BRING DEATH TO ENGLISH SAILORS Six German Airplanes Swoop Down Upon Port of Chatham, Killing 107 Naval Ratings and One Civil ian; Ninety-two Are Injured; Raiders Ap parently Escape Pursuing Machines. ' DRAFTED MEN OF INITIAL QUOTA REPORT TODAY Five Per Cent of National Army Appears to Receive Instruc tions; May Entrain To-v. . morrow. London, Sept. 4. -German airplanes again raided the Brit ish coast last night. For the first time the death toll taken by the raiders was from England's fighting men and not defense less civilians. V ' " The official report of the war office gives the dead as 107 navaTratings, sailors stationed at Chatham, which was the prin cipal point attacked, and one civilian. Eighty-six sailors and six civilians were wounded. ". :,if'"' RAID NEAR LONDON. In last night's air; raid 108 persons Tcre -killed . and ' ninty-two wounded at Chatham, it is announced officially. The victims were naval ratings. Six airplanes took part in the raid. , Chatham is on. the east bank oi the Medway, thirty miles southeast of London. It is the seat e-f immense military and naval establishments, in cluding a vast, dock -yard, an arsenal and extensive barracks. The term naval ratings applies to the grade of men on board ship, usu ally those before the mast. In addition to the naval casualties, one civilian was killed and six were injured. SIX ENEMY . MACHINES. The announcement follows: "Lord French (commander of the British home forces) reports that last night's air raid was carried out by about six enemy airplanes, which pro ceeded up the south bank of the Thames estuary to Chatham. Bombs were dropped in the Isle of Thanet and . in the Mieerness-Uiatham area between 10:40 p. ni. and 11:30 p. m. "There were no ' army casualties. Civilian casualties reported at present re: Killed, one; . Injured, six; The material damage was slight, Our machines went up and anti-atrcraft guns came into action, but without re sult..'.,v".;i I.:- '.' '.;v";. ' V' '. :" i "The Secretary of the admiralty re ports that in the course of the air raid fast. night -the: following casualties were caused to naval ratings: Killed, 107; wounded, eighty-six." Kaiser Lauds Prince Leopold For Capture of Baltic Port Berlih Sept. 4. (Via. ; London.)- Emperor William has sent the follow ing telegram . to , the empress: 1 "Field Marshal Prince, Leopold of Bavaria reports the capture .of Riga by our troops, which is a new mile stone of German strength and unerr ing will to victory. May God help us further." r - -:..;- The emperor has telegraphed Prince Leopold as follows: , , "On the occasion of the capture of Riga, I express to you and the Eighth army my and the fatherland's, con gratulation? and thanks. Farseeing leadership and steel-hard will to vic tory guaranteed this fine success. On ward with God." ,' :. " ' U. S. Denies Protest Against ' ' .. Jap. Occupation in China Washington, Sept. 4v The , State department today characterized as "without foundation in every detail" a report published in German news papers . and circulated by German agents, ' that the United States had protested to ' Russia against occupa tion of Chinese territory and coastal provinces lying north of Vladivostok by the Japanese and that the Japan ese withdrew as a result. Tht report also stated that the Japanese ambassador a Petrograd expressed his disapproval to the Rus sian government . in regard -tfr ''far reaching political and j commercial privileges granted to America in Si beria and on the Island of. Sakhalin." Constitutional Convention .' ( ; Is Moved to Belfast Dublin Sebt. 4. The assembly of the. constitutional convention for Ire land today at Belfast, to which city the deliberations have been trans ferred for a time, excited great in terest throughout Ireland. Very favor able conclusions for the success of the convention were drawn from it. The sitting . was, in the., municipal chamber and the lord mayor,, who-is a member of the convention, enter tained' the delegates at luncheon .at tne city nan. - Fifteen Hurt in Train ' . ( . Wreck Near San Antonio San .'.ntonio, Tex., Sept. 4. Three persons were seriously injured and a dozen others hurt when the Sunset Limited, westbound, on the Southern Pacific lines, was derailed about thirty miles west of San Antonio today. The cause of the accident has not been determined. ' . ; twenty-Four Norwegian Ships Lost During August LondonX Sept. 4. According te Norwegian advices, twenty-four Nor wegian merchant ships with an ag gregate tonnage of -more than 41,000 were lost in August. Twenty-three seamen .. were - killed and five are missing: ' ; - Washington, Sept. 4.The van guard of the national army was be ing honored throughout the country today with demonstrations to cele brate the eve of departure of the first drafted men to the cantonments. ... Typifying the spirit of the nation, sending forth its son to battle for democracy, the capital gave itself over to a great public demonstration, ' in whiph President Wilson, congress and all the heads pf the government were leaders. 1- v': ' .. The 'place of honor in a f roclssfori between Peace monument, at th foot 6f the capitoJ, to the White House was reserved for the 1,400 drafted men comprising the District of .Columbia's first contribution to the national army. ( .Led by President Led by President , Wilson and "es corted by senators and N representa tives, sailors, soldiers and marines, men of the officers' training camp at Fort Myer and thousands , 'of their fellow citizens, the national army men marched between lines of cheering thousands bidding them Godspeed on the r first' steps of their' journey, to France. ' Exemplifying the united nation, the civil war veterans of the senate had a place of honor. Senators Warren and Nelson of the union army and Senators Bankhead and Martin of the confederate afmy marched to gether, but there was only one flag fluttering above them there wa only one flag fluttering everywhere oyer the winding, tramping column of thousands it was the Stars and Stripes.' ' , Offices Are Closed. All government offices, closed for the occasion, poured out their thou sands to join the procession. Busi ness houses were closed for the time; the entire capital , turned aside from its daily tasks to do honor to the drafted men, as many other cities were doing at the same moment. i- At- the White House reviewing stand a large party of foreign diplo mats and other officials assembled to wait for the president's coming at the head of the procession and to join him in reviewing it. Drafted men of the S per cent quota going to the national army canton ments were reporting today to local boards in all districts to receive in- (Continued on Pftge Five, Columa Three.) Sinking of British Ship 1 ; Due to Disregard of Orders London, Sept. 4. Advices received here from Capetown, South Africa, say that a court of inquiry held re cently to investigate the sinking of the British steamer City of Athens, in which four American missionaries and a large number of other persons lost their lives, found that the dis aster was due to the vessel striking a mine as a result of the captain dis obeying steering orders. ' "The court considers," says the find ing, "that the vessel was lost as the result of navigating contrary to the admiralty's advices, the captain steer ing a course, taking his ship over a danger area instead of as directed bv the admiralty. It is recommended that the captain's certificate be sus pended tor six.montns. American Seamen in Prussian Prison Camp Washington, Sept 4. Captain Al bert Oliver of the American tank steamer Campana and four of the five members of the naval gun crew who were taken prisoner when their ship was captured and sunk August 6 by a German submarine are m a prison camp tt Brandenburg, Prus sia, the American Red Cross was advised today by cable from Geneva. The message made no mention of Seaman William Albert Miller, the other prisoner, and an inquiry hat been cabled to Geneva to learn his fate.