2
THE BEE: OMAHA, WEDNESDAY, SEPTEMBER 19, 1917.
STATE RESTS IN
YILLISCACASE
Defense Outlines Coarse Kelly
Will Follow, Claiming He Is
Obsessed With Idea That
He Is Guilty.
Contlnned from Pmfa One.)
Sheriff Atkins sent for me about 8
o'clock."
"Whom did you see at the sheriffs
office?"
"Sheriff Myers, State Agent Ris
den, Havner and Bachelor."
"You mean Charles Bachelor of
Council Bluffs?"
"I presume it was."
"Was anything said about putting
handcuffs on your"
"Yes, Afkins spoke of that."
"Did he say what for?"
Plan to Read Notices.
"He told me they would read notices
to Kelly and wanted us to hear what
Kelly would say and note the effect;
he said he would place us in as crimi
nals, as detectives bothered him and
he would not be distracted."
"What role was assigned to you?
"An automobile thief."
"And to Bachelor?"
"We were to be partners in crime.
"How did they decorate you?'1
"With handcuffs."
"After handcuffing you and Bache
lor, what became tf yoj?" .
"Deputy Atkins took us to lail and
placed us in the main cell with Kelly
and anther man." ;
"When you got in jail what was
said to Kelly about you and Bache
lor?" -
Pretended to be Highwaymen.
"I don't recall what was said, but
they were bantering back and forth
with Kelly and the thought was con
veyed by Atkins that we were high
waymen. We asked Atkins what we
were in jail for and he said for hold
ing up those automobile parties."
"When handcuffs were taken off,
didn't Atkins hang them on Kelly's
door?" .
"I do not know." I
"Did . you see Sheriff Meyers
there?" - . ,
"Five or ten minutes afterward.
"What did Meyers say to Kelly in
your presence?" .
"Meyers was in the corridor of the
jail. Kelly was seated in front of him
and we were in corridor."
"Was Risden the officer who pre
tended to ; put you and Bachelor in
jail?" :
"I presume he was."
"Had you ever seen or talked wth
Kelly before that?" 1 '
"I had not."
"What did Meyers say to Kelly?"
More Evidence to Read.
"He said he had additional evidence
to read. I think he said there were
eighty-seven paragraphs."
"What was the appearance - of
Kelly?" : ' .
"Very .nervous and pale. Each
sound unnerved him.".
"How long were you. Meyers, Ris
den and Bachelor in jail?"
"About two hours.
! "What wal said while Meyers was
reading?" ,
."Kelly said: That's a lie, that's not
."What did Meyers say V' : ;
un - l. ..... .nnnik1
for notices told Kelly they seemed to
be from responsible people." .
"Was anything said like, 'I'll crack
your neck, Kelly?'"
"No."
"What diJ you say to Keltyr
"I told him if they had that evi
dence against him, he ought to tell
teh truth." .
. Talked About Holdup.
"What did you and Bachelor talk
about?"
"About our holdup."
"Anything 'else said?"
"Another man told Kelly to be
man and tell teh truth and not let
an innocent man suffer.
"When Meyers read a nan - or
third. Kelly said he wanted to
see Havner and Meyers told Kelly
Havner was going away and he
would not stop htm unless he. 'Kelly,'
had something to tell him, Kelly
then said he wanted to be sent to
an asylum, rather than be hung"
added Lahmar..
"Was Kelly -sobbing or crying?"
"Little hard to say. He had
sobbinsr voice. I saw no tears." f
"When you went to the jail did
vou see Haxnerf Was Havner ores
ent when handcuffs were placed on
you and Bachelor?
"I could not say."
"Basitig your judgment on what
you have testified to, tell the jury
whether you think Kelly ; was of
sound or unsound mind."
. "Unsound' r- v. -'v, r'J:
drive this morning in the ax murder
trial when additional testimony was
admitted in connection with the meet
ing of Kelly and Mr. and Mrs. Wil
liam Simonda on a train from Sidney
to Carson on Monday morning, June
. 10, 1912, and alos in connection with
the blood-stained laundrv.
. Not only were the tsation records
" of Sidney, la., admitted as evidence
to corroborate testimony of Mr. and
Mrs. Simonds, but the records of the
train dispitcher were also admitted
to establish the state's contention that
train service ; was such that Kelly
' could have been on the train en route
from Villisca to Macedonia, as testi
fied bv Mr. and Mrs. Simonds;
The testimony of Cora Marquard,
Council Bluffs laundry marker, who
was, recalled, giving circumstantial
features in connection with the
- "bloody shirt," were admitted over
objections bv the defense.
T. H "Hank") Horton. marshal of
' Villisca, was recalled to testify that
when he entered the Moore home
whe the. crime was first discovered,
. the body of Lena Stillinger had been
moved from its natural sleeping place
and one thigh bore blood marks as if
ditsurbed by a hand.
Court Overrules Objections.
Judge Boies, at the opening
of court this morning, overruled
. the objection of the defense to admis
sion of Sidney (la.) station ticket
records, offered as evidence by the
- i4iU mts nil $11 ti It Vv4na
; until the judge could look up the law
on the point at Issue. ,
.. This ccores another point for the
. atite.
',. Last week Mr. and Mrs. William
., Simonds testified that on a Monday
- morning early in JuneJ9l2, they tray
I eled from Sidney to Carson and met
, Kelly on the train about 7 o'clock in
r the morning after leaving Hastings.
They could not fix the date as June
V 10. but were positive as to meeting
Kelly and that they bought tickets
at aianey.
Sidney station records, admitted to
day as evidence, indicate that the only
two tickets which were sola on a
Monday in June, 1912, from Sidney to
Carson, la., were sold on Monday,
June 10, 1912, following the night of
the Villisca crime.
Mr. and Mrs. Simonds testified that
Kelly talked excitedly "of the murder,
on which he expected to work as a
detective. The state contends that
this meeting of the Simonds and Kelly
on train was, about an nour ana a
half before the ax murders were dis
covered at Villisca.
Judge Mitchell for the defense en
tered an objection to these station re
ports as evidence on the grounds that
none other than public records are
admissible in a criminal case. Judge
Boies said he had examined the law
on the subject and therefore ruled
adversely for defense. t
Rev. Ewing on Stand.
Rev. W. J. Ewing was the first wit
ness called today. He was pastor of
the fresbytenan church at Villisca,
la., the time of the ax murder and
now resides at Deej River, la. Kelly
visited at his home on Sunday, June
9, 1912, the day before the crime.
Examined by States Attorney Fay-
ville:
"What time did Kelly arrive at your
home?"
"About 6:30 p, m. He accompanied
me to church, where we held the chil
dren's day exercises."
Did children of Joe Moore and Joe
Stillinger take part in the program?"
"I hey did.
"What time did the exercises
close?"
"About 9:15. I and Mrs. Ewinsr and
Kelly were about the last to leave the
church and went direct to our home.
I know we showed Kelly to his room
in our house. The northeast room.
upstairs. It was between 11 and 11:30
o clock. Mrs. Ewing, myself and
children slept in a tent at the rear of
the house. We retired to the tent
within half an hour after leaving
Kelly in(his room. , ,
I cannot say positively whether
our house was locked, as we had not
been in the habit of locking it. The
next morning about 6:30 I went to
the house and Kelly was not there."
Bed Had Been Used.
Cross-ejfamined by Judge Mitchell:
"Were there arrangements made
that Kelly should arrive at your home
that Sunday?"
"Somewhat indirectly. ' Kelly had
inquired of somebody in the country
whether he could stay at our house
that night.
"Had you ever seen Kelly before
that day?"
I had not."
"So far as vou know he had never
been in Villisca before?"
"So far as i know I do not think he
had been." '
"Did you go to Kelly room the
next day and observe his room?"
My recollection is that he used his
bed." :'
"What did you understand about
Kelly going to take an early morning
train?".:' ' '
"He said he wanted to catch No.
5, and referred to the early hour and
told us not to, bother about getting
his breakfast.
"Did you notice where Kelly sat
during the children's day, program?"
On the south side of the church
the second seat from the entrance."
"Were you and Kelly at a meet
ing1 before the children's exercises?"
x es. ana men i snowea mm to a
seat in the church." .
"Did you or anybody Introduce
Kelly 'to neoole at the church?"
I have no recollection ot intro
ducing him." . . . !
"Wera your children at your home
when you returned from the church?"
TTiey were not. I hey jvere put
to bed an hour before Kelly went to
his room."
"How old were your children then?"
"The boy was 9 years and the girl
3 years and 3 months."
Roadifer Heard Confession.
Panl E. Roadifer ' of Logan, la.,
county attorney of Harrison county,
the first witness called on the Kelly
confession, said:
"When I went to the office of Mr.
Risden he made the remark that
Kelly wanted to make a confession.
"Sheriff Mehop sent for me about
5:30 a. m. I turned to Kelly and
asked him if he wanted to make a
statement, and he asked me whether
that would be the proper thing to do
"I told him I supposed he was go
ing to tell the truth. Asked him if it
was a voluntary statement and he
said 'Yes,' and when I asked him
whether .he had been promised any
re ward, he said 'No.' I took down,
word for word, what he said."
"I saw Kelly hold up his right hand
and swear as to the truth of the con
fession," added Roadifer.
Cross-examined by Attorney Mitch
ell:
"Did you see a man named Bach
elor?"
"I think not."
"Mr. Lahman of Missouri Valley
there?"
"No."
"Any suggestion made by you to
Kelly?"
"Only that I would suggest that he
go ahead; that he was getting it in
good shape."
"What about "slay utterly?' Did you
ask him to repeat many times?"
I think not." j
"Were you there when they took
Kelly away from the court house back
to the jail?"
"Yes; it wai about 8 o clock.
"Who said to Kelly. 'You have
made this statement before and can
put it in writing?'"
I think it was Mate Agent Kis-
den."
The confession was then read to
the jury, and after reading it to the
jury Attorney Fayville for the state
announced that they rested tne case.
Judge Boies admitted the statement
over the objection ot tne aetense,
which asked that the court reserve
its ruling until testimony pertaining
to the obtainment of the alleged con
fession had been permitted.
The defense immediately began ex
amination of witnesses.
Draft Evaders Aided
By Mexicans to Escape Call
Nogales, Ariz., Sept. 18. Investi
gators have been sent here by the
United States Department of Justice
to inquire into a claim that Mexicans
have been endeavoring to induce men
selected for army service to evade
service by going to Mexico.
It was alleged here that six young
men who had been ordered to report
Wednesday for transfer to training
camp had gone to Mexico" and that
one of the selected men now awaiting
the call had told the officials of offers
of help if he wished to evade service.
He told them, it was said, that cer
tain Mexicans had promised to care
for him if he. would cross the border.
A thorough investigation is said to
have been ordered. , .
i mm in. i m iimmipwM
Shortage in Foot Ball
y- -Material at Chicago Uni
Chicago, Sept. 18. Only fifteen
candidates for the 1917 foot ball team
of the University of Chicago, reported
to Coach A. A. Stagg on the first
day of practice, and nearly half of
these were green . laterial.
Three veterans of last year Carl
Brelos, John Bondzinski and Bill
Gorgas were In the initial squad.
Scrimmage practice is expected be
fore the last of the week. v.
SECOND DRAFT
MEN LEAVE FOR
CAMPFDNSTON
(Continued from Paj One.)
coaches will be used for the shorter
trips.
The men from the smaller places,
where there are only small groups
to be picked up, will be carried on
regular trains, and, in the event it is
necessary, extra coaches will be at
tached. Everywhere in the United States
members of the examining board have
notified the citizen soldiers the dates
of departure for the cantonments, the
train to take, its number and the time
of its departure. It is said that the
number of men to assemble daily at
each place for entrainment will range
from two to several hundred.
Secrecy in Movements.
Railroads passenger officials assert
that the War department has issued
specific orders against giving any
publicity to routes, schedules or the
time of arrival or departure of any
train carrying members of the army.
Unlike movements of the regulars,
or National Guardsmen, the members
of the national army will not be ac
companied by officers. However, one
man designated by each examining
board will be in charge of each party
of men entraining at each station.
It is figured out by the railroad
officials that in the transportation ot
the men each tourist sleeper will
carry forty men and each coach fifty.
Officials on Job.
Most of the Omaha headquarters
officials of the Union Pacific have
gone to Fort Riley to assist in the re
ception of the drafted men.
It is understood that work on the
cantonment buildings has been com
pleted and that only the finishing
touches remain.
Of the 40 per cent contingent going
from Omaha territory only a small
portion will pass through this city.
Douglas county men and those from
some of the close by counties to the
north will go through Omaha on
special trains, but others will be trans
ferred to trains that will go south on
the company lines that run through
the central portion of the state and
across Kansas. J
The equipment to handle the Ne
braska contingent is being assembled
at central points and if that used in
taking the Fifth and Sixth Nebraska
Guardsmen is back on time it is be
lieved that there will be plenty avail
able, i
Asks Attorney General's
Opinion on Dry Law Point
(From a Staff Correspondent.)
Llnocln, Sept. 18. (Special.) R.
C James, county attorney of Rich
ardson county, In the extreme south
eastern part of the state, had a propo
sition put up to him which he passed
along to the attorney general for so
lution and an opinion.
He wants to know if it Is a viola
tion of the law for an individual to
bring a case of beer from Missouri
to Nebraska for his own personal
use, the liquor being transported by
teh owner himself, in his own . auto
mobile from Missouri, through a cor
ner of Kansas 'into Nebraska.; ,.
The attorney general is, unaMs :&
see " where such an act .would be
"within the law," and says that Kan
sas is a dry state and it was the
intention to make Nebraska also dry,
therefore the beer would be consid
ered contraband and subject to be
destroyed other than in the form
ginallyintended when maufacturcl
lnieup
E mover
!
O
We must all help to win this war and when Our President
and hjs men bearing the burden of another Lincoln,
ask us to be sparing of the wheat, all of us should do
our best.
If you are in earnest if you really want to help, do
as they ask. Thousands are doing it and more right ,
minded people will.
For tomorrow's breakfast why not try a dish of the best
of corn foods
P
est
as tie
An all-the-year-round food! ;
Eat these delicious flakes either with cream or milk, fruits
or fruit juices. The satisfaction is immense and you
will find equal satisfaction in knowing you have started r
the day by helping Unde Sam save the wheat.
For Your Corn Food Get the Best of Corn Foods
Post Toasties
GOTHAM LAWYER
MOWN LIFE
Arthur Conkling Jumps or Falls
From High Window, Bring
ing Death; Was Well
' Known Author.
New York, Sept. 18. The dead
body of Alfred R. Conkling, lawyer,
geologist and author, was found in
the court yard oi his East Seventieth
street home early today. He either
fell or jumpea from the fourth floor
during the night.
The police reported his death as su
icide. . Mrs. Conkling, uho was the daugh
ter of Eastman Johnson, the portrait
painter, is in San Francisco with her
daughter, Vivian.
Federal Employes Name
Temporaary Officers
Washington, Sept. 18. The nation
al convention of federal employes to
day elected temporary officers, headed,!
by H. U. McLaren, president of the
Washington local union, as president.
A resolution was a 'opted inviting the
Civil Service Retirement association
and affiliated organizations to ally
themselves with the union.
English Woman Refuses
.. t To Meet With Germans
London, Sept. 18. Replying to
an invitation to attend a meeting
at Lucerne, Switzerland, on Sep
tember 20 of the bureau of the in
ternational union of the Catholic
Women's league, at which peace is
to be discussed, Mrs. James Hope,
president of the English branch, has
written: '
"We feel it is impossible for Eng
lish women to meet German women
in friendly intercourse as long as
crimes against religion and human
ity, committed at the instance of
the German government, remain
unresented and not atoned for. We
cannot greet German women as
sisters in the fairh until there has
been expiation of these wrongs."
German Sub Designer
Kills Self in Prison
Baltimore, Md., Sept. 13. Gott
hold Prusse, one of the designers of
the German merchant submarine
Deutschland, who came to Baltimore
on the .Irst voyage of that craft, com
mitted suicide in the city jail today
by hanging.
Prusse had been imprisoned as an
alien enemy. He was arrested by the
United States authorities on August
20 for leaving a restricted zone with
out permission. He was 41 years old
and born in Germany.
Bee Want Ads Produce Results.
Normal Training Head 1
Sends Out Instructions
at aft rnmirKnr!ntl 1
Lincoln, Neb., Sept. 18. (Special.)'
Every normal training high school
must employ at least four teachers
full time, offer in the course domestic
science for the girls and manual train
ing for the boys and instruct a class
of not fewer than ten students for
the required time, according to in
structions sent out from the state su
perintendent's office by A. H. Dixon
normal training instructor.
AM high school teachers must hold
either first grade state or life or de
gree certificates to teach in the high
schools, and grade teachers must hold
at least a first rade county.
Pledged Farmers Not to
Raise Crops to Aid War
Abeline, Tex., Sept. 18. Members
of the Farmers' and Laborers' Pro
tective association, fifty of whom are
on trial here for charges of con
spiracy against the government,
adopted a resolution pledging the
farmer members not to raise crops
which would help to carry on the
war, according to testimony today by
E. T. Higgins of Gore.
Robert Satterfield, Thurber coa
miner, testified he was compelled to
swear he would keep his obligations
to the association regardless of con
flict with religious views, state laws;
or anything else.
tIhe fashion Center fir VJomeW1
ELDEN&-GO. I
The Fur Shop
Fine Fox Pieces
Shawl effects predominate
with linings of satin and
chiffon.
Taupe Fox,
Black Fox,
Rose Fox,
Sable Fox,
$35 to $85
Scarfs, Shawls, Muffs.
Second Floor.
New Tailored Suits
First Time Showings
Wednesdaynewly arrived
fashions are to be shown.
One is an unusually pretty
broadcloth suit for $39.50.
Other styles range in: price,
froin $25vrd to $125.
Autumn Silks and Woolens
In Extensive Assortments
Choice fabrics at reasonable prices. Weaves and col
ors that are favored. Qualities that assure satisfaction.
For Coats and Suits, beautiful velours, burrellas, poiret
twills, broadcloths in every seasonable shade, at
$2.50 to $5.
Extra fine French serges, in navy anr midnight blue,
48 to 56-inqh, $1.75 to $3.50. KJ
Haskell's Fine Black Silks, in the new weaves, shown
here exclusively in Omaha.
Belding's Quality Silks, both plain and fancy, in new
weaves and colors, at $2 to $3. ,
Hundreds of Plaids and Novelty Skirtings are shown
from $1.50 to $3.50 a yard.
May We Show Them to You Wednesday?
A Display of New Sweaters
Plain shades and handsome combinations, featur
ing, rose and white, rose and corn, Havana and
pearl gray, purple and porn, rose and pearl gray.
These are really the best looking sweaters in many
seasons, and offer an unlimited scope in choosing.
Prices are $6.50, $7.50, $8.50.
The Man With the Hoe
When his. wife asked him to bring up a jar of preserves
from the basement- he was thinking about.the Russian situation
and the coal quandary and the bugs that were busy with hia'cab
bages out in the garden, so his mind wasn't on his work. Conse
quently he ran into the handle of an old hoe that had been care
lessly thrust over some supports in the cellar and secured a
black eye that his frienjds came miles to see.
It wasn't the hoe's fault, for the injured party had put it
there himself and forgotten about it. It wasn't the fault of the
war or the coal or the bugs, because he went down there with
both eyes open, if he did come back with one of them shut. What
WAS the trouble, then! ,
The lighting!
That tells the story of the black eye.
Oh no, the basement wasn't dark, exactly at
the same sense that the inside of a cow is dark,
poorly lighted. -: f
There was the proper wiring therein; but the lamps were
small, old-fashioned and covered with the mysterious' dust that
constantly arises in the most immaculate basement and which is
penetrated only by the strong, mellow glow of the most modern
variety. .
Your Electric Service Company knows how to prevent such
accidents and could have saved this man the trouble of making
explanations which nobody would believe concerning the discol
ored optic , . '
Proper lighting by proper lamps at proper cost that is the
business of this company and proper cost means proper for the
consumer. .
least not in
It was just
' Be it in the basement, bedroom or attic; in palace or bunga
low; there should be the right sort of light at the right expense
arranged by the right men.
, ' Our lighting specialists know how. tfhey are at your serv
ice for the asking. .
Nebraska Power Company
TOUB ELECTBIO SEBVICB COMPANY"