Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 18, 1919, Page 2, Image 2

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    KELLY WANTED
AS WITNESS IN
POLICEHEARING
Mayor Smith Demands That
Famous Bootlegger Tell His
"Story Under Oath in Case
Against the Police.
(Continued From P One.)
own, We are working nights and
thev are working -day-s," he replied.
x "pid you report to any superior
officer or to anyone?" asked Com
missioner Ringer.
"Ij.told- Captain Dunn about it and
I also, told you," Potach replied, ex
plaining that his report to Mr. Ring
er, was made last Saturday.
Armstrong admitted that Herd
zina did tell him to sober up so he
could attend court the next morn
ing, a,nd he declared that the remark
was made as a joke and because
they had been accused at the Brown
place by Mrs. Brown and her son
of being drunk. The detectives en
tered ' a positive denial of having
been under the influence of liqnor
on the occasion of the raid at the
Brown flats.
- 10m Brown lestmes.
Mrs.- Brown was unable to al
tend the hearing, but her sou,
Thomas, whi tjected Detective
Hctdzina at-th? time of her arrc'st,
oki the 'story of how the detectives
arrested his mother without war
rant and of she was placed in
actll at the city jail and denies!
bond.
Sir. Brown testified:
was awakened at 1:30 a. m.
whtn I heard my sister's name
called," he testified. " went down
stairs and saw Herdzina looking
ind my mother's room. He was
drank and there was a dirty leer
on fcis face. I told him to get out
and asked him if he had a warrant.
H;'said he had no warrant. I told
hitft' to get out because he was
washing my mother while she was
dressing. He told me he would not
get ' out because my mother might
escape. Then I put him out. I
smelled liquor on his breath and his
eyfs told the tale. Then he ar
rested me for resisting an officer."
What occurred at the station?"
asked Attorney Magney.
VI'msked the captain if I could get
bafl for my mother and he replied
that,' he would not accept bail for
women held on an order issued by
thf: chief. Than a man pushed my
mother into acell. telling her to 'Go
onj. Go onl Go on!' In the morn
intf' at about 8:30 o'clock, they
walked my mother in an unconscious
condition, upstairs, to the matron's
department. I was discharged in po
lice court for having done my duty.
Cross-examined by Attorney F.
A. Peterson, for the detectives, Mr,
Brown insisted that he was not mis
taken about Herdzina having been
under the influence, of intoxicants.
He would not say that Detective
Armstrong had been drinking.
. Jailer Pushed Mrs. Brown.
Captain Heitfeld testified that
Mrs. Brown and the young women
taken from her flat were heard
singing and otherwise giving expres
sion to their joy when placed in a
cell. Toward the close of the night
session of the hearing Tom Brown
returned to the witness stand to
refute the captain's testimony:
1 want to state that when my
mother was taken to the cell she
was greeeted by the vilest epithets,
so vile I would not repeat them.
The singing which the captain re
ferred to were the shoutings of ne
gro men and women in the cells
close to my mother. My mother
did not sing in the cell; she was
hysterical. I saw the jailer push
her against the steel grating."
Attorney Peterson, for Herdzina
and Armstrong, cross-questioned
Mr. Brown.
"When vou saw Herdzina what
did vou do?"
fold Officer He Was Drunk.
"I told him to stand away while
my mother was dressing. I closed
the door and put him out. I told
him what I thought ot him and the
rest of his squad. I told him he
was no good and that he was
drunk." ,
"How do you know that he was
drunk?"
"I smelled the liquor."
"Did you say that you coaxed
Herdzina out."
"Xo, I throw him out of the door
cf my mother s room.
Mr. Brown insisted that he was
refused by Captain Heitfeld when
he asked to furnish a bond for his
mother. The captain denied speak
ing to Brown on this subject, but
explained that he told the desk
sergeant that Mrs. Brown could not
have bond. Brown demonstrated
for the benefit of the council the
manner in wnich he stated Herd
zina leaned against a door while he
watched Mrs. Brown dressing.
"Forty minutes have been wasted
here dscribing the rooms at the
Brown place," interposed Commis
sioner Zimman. "Now tell us what
kind of carpet was on the floor and
v hat kind of a floor it was."
Watched Mre. Brown Dress.
Dorothy, daughter of Mrs
Brcwn, testified to having observed
Herdzina watching Mrs. Brown
while dressing.
"Would you undertake to sav
that Herdzina had been drinking?"
asked Attorney Peterson.
"Yes," she replied, "I smelled his
bn-ath when I passed him twice."
Commissioner Ringer asked Mrs.
Brown, "Was Herdzina drunk?"
and she replied, '"He was."
"Why do. you say that?"
"Because of the attitude he took
when he leaned against the door,
the blear of his eyes, and his
breafh."
Detective Armstrong related the
details of the raid, and then the
mayor quizzed him.
"Who was Kelly?"
Didn't Know Kelly.
"I don't know who he is. Never
saw him before the raid and h3ve
nof seen' him since."
"Make it plain to us; how did
Kelly get away?"
i "When we opened the screen door
he made a quick jump and got
away.
Armstrong denied having been
with Kelly in an automobile on the
night of the raid, or that he was a
party with Kelly in framing the raid,
as has been alleged.
"It has been stated that you were
out with Kelly that night in an
automobile. Is that true?"
"It is absolutely false. I wish I
could see Kelly now."
Would Arrest Kelly.
"What would you do if you sav
Kelly now?" asked Commissioner
Zimman.
"I would arrest him for vagrancy.
I have learned that he is a profes
sional bootlegger."
Armstrong and Herdzina deniea
all of the allegations in the Magney
charges.
What are vour orders when you
go to raid a disorderly house? Are
you supposed 'to arrest the ow.er
without a warrant?" asked Commis
sioner Butler of Armstrong.
"Had no orders to that eitect.
Reported Nothing Wrong.
Mr. Butler brought out the fact
that 2106 Cass street had been
watched for six nights previous to
the 'raid and that the officers re
ported nothing wrong.
Armstrong admitted that wnen
Kelly was arrested with two women
n a room he did not know wnetner
Kelly was married or single.
Then couldn t a man and his wite
have another woman in a room and
smoke cigarets without being dis
orderly?" asked Commissioner Zimman.
"I suppose so."
Ordered to "Get Results."
Detective Herdzina, testifying at
the night session, explained that he
and Armstrong were detailed to go
to 2106 Cass street on instructions
from Captain Dunn to "grab the
works. Copies of police reports
showed that Detectives Vanous and
Potach had watched the place for a
series of nights and reported 'all
clear," but Chief Eberstein insisted
that "there must be some mistake,"
and he directed that two men be
assigned to get results. So Arm
strong and Herdzina of the day
P You can't think of "delicious" or
II! "refreshing" without thinking of
liH Coca-Cola.
SII i You can't Hrinlc flora-Cola without bein II H
H delighted and refreshed. W
II The taste is the test of Coca-Cola quality j
IJ so clearly distinguishes it from imitations fi
H that you cannot be deceived. l
Ijfti I feWfl Demand the genuine by full name EH I
0 I CLkiillf nicknames encourage substitution. K I
H i THE coca'cola co 1
morals spuad were detailed to "get
results." . , -
Herdzina testified that Tom
Brown demanded a warrant, and
that he said he had no warrant; trat
Brown accused him of being drunk
and of being a bonehead, a brute,
and that Brown said. "You should
not work on the police force, as
drunk as you are." He denigd (drink
ing that night, and denied any previ
ous knowledge of Kelly.
Says He Don't Drink
"I doi't drink, so I don't sec hov
I was drunk," he said. "I have not
taken a dVink since I froze my foot
last winter. He denied observing
Mrs. Brown while she was dressing
and he stated that her arrest was
in accordance to the custom of po
lice methods. He said action in this
case was like that of other raids.
"What did you do before you
went on the police force?" asked
Mayor Smith of Herdzina.
"I tended bar."
"How long have you been on the
force?"
"Four years."
"Who transferred you the last
time to the plain-clothes depart
ment?" 'Caotain Brie-ffs"
"You say you have orders to al
ways get the keeeper when vou
make a raid?" asked Commissioner
Butler. " ,
"We always try to get the keeper.
We didn't know who Mrs. Brovn
was, so we thought we should get
her, too."
Bond Is Denied.'
Captain Heitfeld testified! that
when Mrs. Brown and her son ar
rived at the police station with De
tective Armstrong, the son told his
mother that she had better get a
bond, but that she insisted she
would go to 'jail. Sergeant Rose
spoke to me about a bond for Mrs.
Brown and I denied the bond."
At this point the captain related
the circumstances of the confusion
of orders at the police station as to
bonds. He said: "Captain Vanous
left me a note stating that his jail
crew had told him about the order
tt deny bonds, and' Vanous asked
me why he had not been advised.
I spoke to Captain Dunn and he
said Vanous was present when the
orders were given and it was his
own fault he did not hear them
I told Vanous that this order iad
gotten us in a pickle. Dunn told ve
he had found the order and would
send it to Herdzina, but I did not
see the order. I pinned Captain
Dunn down lo the wording of the
oider."
May Now Get Bonds.
Commissioner Ringer spoke up
and explained thaf the order is now
in Chief Eberstein's office in a desk
to which a stenographer has tfte
key. i The order, it was explained,
did not order the police officials to
refuse bonds to any class of of
fenders. Explicit orders have su.ee
been sent to the police station to
admit prisoners to bond.
Commissioner Zimman charged
that it has been the policy of the
police department in many cases
winch have been brought to his at
tention. "Is it customary for the chief of
detectives to give orders to the
captains at tne station, Commis
sioner Butler asked.
"Yes," the captain replied.
LABOR UNIONS
VOTE AGAINST
MOONEY STRIKE
(Continued From Pege Oar.)
vention and launched into a vigor
ous attack on organized labor and
its leaders in San Francisco.
"Out in San Francisco, the union
leaders did not go to the bat fcr
Mooney, so we had to form a com
mittee to do it," he said. "They
went about whispering that Mooney
actually was guilty.
No Apologies Are Offered.
"Maybe we made some mistakes,
but we make no apologies for what
we have done.
James Duncan ot Seattle was
hooted and cries of "Put him out"
were raised when he declared that
President Wilson's inquiry into the
Mooney case as an internal affair
was based on inquiries from Rus
sia and that the Mooney Defense
league "put into operation the ma
chinery in Russia which resulted in
the inquiry about Mooney being
made.
-4.4. a J jjl, ; i.
ThompsoiirBelieix &Qx
J Established J8 8 6 -
ITieT&sJiion Qentef.&r Women,
n
Charge Conspiracy to
Swine Breeders' Head
San Francisco, Tune 17. An in
dictment charging conspiracy to use
the mails in a scheme to defraud
was returned here against I), ti.
Riker, president of the defunct As
sociated Swine Breeders' associa
tion. He is charged with misap
propriating at least $20,000 of the
firm's funds and destroying the rec
ords in an attempt to hide his al
leged peculations. Riker, who had
offices in Salt Lake, Los Angeles
and other cities, was arrested in
Kansas City by postoffice inspectors.
Lones Denies Alleged
Interview on Confession
In a statement given out last night
in regard to an alleged interview
on the Roy Kelly confession on the
Brown raid, in which he admitted it
was framed with the police, Attor
ney J. R. Lones said: I
"With reference to alleged state
ment by me in one of the other pa
pers in regard to the Kelly con
fession, in justice to myself and the
public, I wish to give the true facts
which are as follows:
"First I deny that I made any
statement that could be construed
that the Kelly confession had been
stolen from Prosecutor Murray.
"Second I deny that I ever said
that I was sick of the Brown case,
but did say I was sick and had been
under a physician's care for the last
10 days.
"Third In regard to Mr. Ringer,
I; did say I did not believe Ringer
dishonest, but also added I believed
his prejudice in the Brawn case
blinded him to any desire to get the
true facts.
"Fourth With reference to the
Kelly statement no one has or can
deny his signature and I believe this
reference to the statement is suf
ficient at this time."
Contempt Charge Against
Lindsay Going Straight Up
Denver, June 17. Attorneys for
Ben B. Lindsay, judge of Denver's
juvenile court, announced that the
contempt of court charge filed
against him in 1915 and lately sus
tained by the state supreme court,
will be carried to the supreme court
of the United States.
A fine of $500 was assessed orig
inally upon the judge's refusal to
disclose in open court what had bten
told him by Neal Wright, 14-year-old
ward of the juvenile court, in
order to further add to testimony
in the trial of Mrs. Berta Wright,
charged with the murder of Neal's
father.
Judge Lindsay maintained thje
boy's statement had been given him
in solemn confidence and tint it
would weaken the influence ct the
juvenile court if disclosed.
Climax of Telegraph
Strike Expected Sodn
Chicago, June 17. The climax in
the nationwide strHce of commercial
telegraphers, probably will be
reached within 24 hours, union lead
ers declared Tuesday night.
A telegram was sent to Samuel
Gompers, president of the Ameri
can Federation of Labor, . stating
the strikers would abide by decis
ions reached at a conference to be
held by Mr. Gompers and other fed
eration officers and representatives
of the telegraphers'' union.
Block House Leaders
on Wire Repeal Plan
Washington, June 17. Plans of
house leaders for the passage of
legislation repealing government
wire control were blocked unex
pectedly by prolonged discussion of
a conference report on an appropri
ation bill.
House leaders expected the wire
repeal would be further sidetracked
tomorrow for calendar bills, includ
ing that repealing the daylight aav-.
ing law, , - '
Thieves Steal $25,000
Jewels in Chicago Haul
Chicago. June .17. Jewels valued
at more than $25,000 were taken
fiom the- residence of Mrs. Nellie
Magnus Loeb, daughter of the late
Adolphus Busch, during a party on
Sunday pight, it became known to
day. The robbers worked within
sight of the party on the front ver
anda. The robbery was discovered after
dispersal of the party, but not re
vealed by the police until efforts to
obtain a clue had proved unavailing.
Casualties Reports More
Than Year Late in France
Washington, June 17. Casualties
now being reported through the
War department are coming princi
pally from the French war office,
the department said today, which ' is
considerably over a year behind win
their records." It is estimated it
will be a year before the French
records are completely checked.
Knocked Down by Auto.
Ethel Kennedy, 4 years old, sus
tained bruises and lacerations when
knocked down by an automobile
driven by L. Asdell, 4303 North
Twentieth street, last night. Wit
nesses said the girl tan directly irto
the machine. Ethel Kennedy is a
daughter of MrsJ C. A. Kennedy,
Forty-sixth and Brown streets.
Crowds at Krug Park.
The management of Krug park
this week is giving its patrons a
true taste of sensationalism. This
thriller is performed by the "Fear
less Greggs," who run an auto race
in mid-air in an act called "Autos
That Pass in the Air." Great crowds
have been witnessing this a,ct every
night.
Trim Ankles
identify the
wearers of
Boston
0
It holds the socks snug and
smooth, without binding,
gives absolute security and
perfect leg-comfort
Sld Eomrywhmrw.
Oconee Frost Co., Mmrs, Boston
After each meal YOU e?t one
ATONIC
(FOR YOUrf'STOMACHS SAKp
and get full food value and real stom
ach comfort. Instantly relieves heart
bnrn, bleated, gassy feelinf, STOPS
acidity, foil repeating and stomach
misery. AIDS digestion; keeps the
itomach sweet and pure.
EATOK1CU th btt remedy nd only cxxiti
I rat or two day to ua ft You will be de
lighted with remit. Siti if action giuraatMtf
money backs PlaaM call and try
"Fe0e the BcatM Path," IStk
Faraam St. Omaha
Summer Store Honrs:
9 A. M.5 P. M.
Saturdays Till 6 P. -M.
Vote for...
Paved Roads
on June 24 th
Economies for. Wednesday
in the Alteration Sale
New offerings thai' have been brought for
ward for this sale. All of them splendid
values that are dependable.
Sergeant of Police Asks
To Be Reduced to the Ranks
Springfield, Mass., June 17. Po
lice Sergeant Edward Carey ' has
earned a unique distinction in peti
tioning to the police commissioner
to be demoted to the rank of patrol
man. The request has been granted
Dy the police commissioner.
Carey was appointed sergeant sev
eral months ago as a reward for his
splendid record as a patrolman. The
work was not as fascinating as he
had bargained for, however, as a
sergeant is shifted at monthly in
tervals between the three watches
and must often put In as many as
10 and 12 hours a day making re
ports.
Accordingly, he came to the con
clusion that a nice day job of eight
hours with two days off a month is
to be preferred to a sergeant's
chevrons, a half dollar more a day
and the honor of working many
hours overtime.
Silk Specials fori
Wednesday ,
Foulards of exceptionally good
quality in a wide range of de
signs. 36-inch, $2.50 and $3 qual
ity, Wednesday $1.89 a yard.
White Shantung for separate
skirts, 36 inches wide, $2.29 a
yard.
Mikado plaids for separate skirts
in a variety of color combina
tions. $4 quality for $2.95.
Metal Stripe Tricolette in Copen
hagen, sand, green and navy.
Originally $6, Wednesday $4.25.
from the
9
mm s nop
Linen Handkerchiefs
75c Quality) for 59c.
Pure Irish linen, im
ported goods, plain
with any width hem,
or cord or tape bor
ders. Fibre Hose 45c
A medium weight
hose in black, white,
cordovan, navy,
champagne, pearl,
or slate gray. First
grade Eiffel hosiery,
not seconds, in sizes
912 to Hi2.
Children's Wear
Children's cotton
crepe kimonos in ap
propriate colorings.
Originally $2.35 and
$2.50, Wednesday,
$1.69.
A limited number of
children's straw
hats will be sold
Wednesday at re
duced prices.
Third Floor.
Kid Gloves
95c
A broken line, mostly
small sizes, of. 2-clasp
gloves and a few of
the longer lengths.
Dress Voiles
38 and 40 inch
voiles in a great
variety of designs
and colors. 40c
values for 29c yd.
Neckwear, l2 Price
An assortment of vests
and vestees, organdie
and pique collars and
sets will be offered
Wednesday at half the
original price.
Hosiery Specials
White silk hose, full
fashioned with lisle top
and sole. A pure thread
silk hose.
Wednesday) $1.25
White silk hose in out
sizes, a full fashioned
hose with lisle top and
sole.
Wednesday) $1.50
Real Filet Laces
Half Price
On Wednesday these,
laces will be sold at
half the original price.
" This means a very real
economy for you.
Lisle Union Suits
' 98c
Fine ribbed lisle union
suits which sold orig
inally for $1.25 and
$1.50. The Stretton
make, having either a
fitted or wide knee.
Wash Blouses
$2.89 and$3.50
Colorful blouses in stripes
or plain colors. Combina
tions in rose, lavender,
pink, blue and green and
one attractive model in
white.
Blouse Shop, 2d Floor.
The Parasol...
that matches your
Sport Suit, Afternoon
Frock or Morning
Street Dress.
Is a dainty accessory
of dress as well as a
protector of your
complexion.
A new arrival is in emer
ald green, even to the
handle. Around the
the outer edge a block
of Persian silk is set in
each panel
Coverings come in plaids,
stripes and allover de
signs in color combina
tions such as blue and
buff, rose, eream and
green, blue, green and
gray, black and white and
many others.
Another is covered en
tirely by Japanese silk
of intricate design. The
background is dull gold
upon which are scat
tered conventional crys
anthemums. And handles are carved,
or straight and slim with
rings of jade or ivory at
the end, some have loops
of ribbon, and one has a
handle and tips of the
spokes of amber.
To the Left As You Enter.
A Special Sale of Smocks
Our complete stock of smocks
, which formerly sold for
$2.95, $3.50, JS.95, $4.50
Including all styles, sizes and colors.
Wednesday, $1.89
Blouse Shop Second Floor.
Ribbon Sport Hats
only $5 Wednesday
..... n
A most adaptable sport nai 01 iamo
ribbon with brim of white Milan
hemp a saucy cockade is the only
trimming of this youthful and be
coming model Shades of Copen
hagen, Rose, Pink, Orchid, Sand,
Purple and Jade.
Wednesday, $5
New Arrivals in
Bathroom Rugs
Plain white rugs with
Greek borders for $2.25.
Plain pink and blue rugs
with Greek borders for
$2 each.
Brocaded weaves in pink
and blue, $2.50.
. Dark blue and tan rugs
with designs in Egyptian,
Oriental and Indian mo
tifs, for $2.75.
1
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