THE BEE: DM AHA', " THURSDAY; ' JULY -3, 1919.
COURT REFUSES
ANNULMENT OF
DWYER MARRIAGE
't
Judge-Troup Roundly Scores
Man. Who Attempted to
Show His Wife l Had'
Negro Blood.
. District Judge Troup, , yesterday
refused to trmul the marriage
of Francis Dwyer and Clara Dwyer.
He denounced the effort of Mr.
Dwyer to secure an annulment and
declared he ought to be ashamed to
bring shame upon his wife and his
child. 1
The Judge also denounced the
doctor who attended Mrs. Dwyer
when the child was born and who
took Mr. Dwyer aside and asked
him whether he had any negro
blood. --. ' "
"It was a reprehensible and cruel
thing for that doctor to do," he de
clared in a voice that shook with
emotion, "Think of taking this hus
band aside and asking him such a
question and sowing the seeds of un
happiness and discord in a little
family . which up to that time had
lived in supreme happiness and love
and contentment. What difference
did it make to , that doctor if , the
child had been as hlack as the ace
of spades. I must refrain from
further comment upon the conduct
of this doctor lest I say something
unbecoming the dignity of this
court." ''
Judge Reviews Evidence.
Judge Troup reviewed the evi
dence and the appearance of the
ilti';l.l il... l.? '
"Mrs. Dwyer was here on the wit
ness stand," he said, "and from cas
ual observation she did not appear
to me to have one bit of negro blood
in her veins.
"This little child of this union was
in the court room. In all the IS
years of my experience in this court!
there has never been in the court
room a more beautiful and attrac
tive child than this little one, whose
whole future the father would now
propose to blast by this action."
The judge also scored the state
ment of Mr. Dwyer that he had not
seen bis wife's father before their
marriage. v"- '' ...
The evidence of Mr. , MpCarry
himself was that he had seen Mr.
Dwyer frequently. , ; ' ; ':
John O. Yeiser,,. attorney for Jdr.
Dwyer, said he would appeal, the
case to the supreme court. ;
Francis Dwyer alleged in his pe
tition to have his marriage to Clara
McCarry -Dwyer , annulled that
negro blood flows in- the veins of
his wife, but that he did not know
this untirtheir.baby was born.
i i j . He testified on the witness stand
II at the trial that they' were married
in the Catholic church in. 1916 after.
y 'a courtship of a, year, during which
h time, he said; he did nit see ' his
a, ; jjiife's father. - '
When the baby was born, he said,
the doctor told him it had colored
blood. He said he left her then and
6he moved from the apartment'
where they were living to tne Jlome
of her parents, 3217 Ohio street.
lTnfra Armv
A He entered 'the army. He filed
I j his suit for annulment after his
s J discharge. He is sow employed by
; his brother-in-law, T. A. Walsh,
jewelry and- leather goods, World-
. Herald building.
Mrs. Dwyer filed a cross-petition
- in ' district - court Tuesday in which
she asks an absolute divorce with
... custody - of the child and alimony
' irom her husband.
At the first hearing of the case
last Thursday, Mr, McCarry ,was
absent, althpugh he had been sum
moned. A postponement was taken
' until Tuesday, at which time he
was in court and spectators were of
. the unanimous opinion that he
looked like a man of unmistakable
negro ancestry, though his color is
quite light
Mr. McCarry proved, however, to
be a man of education and attain
ments, with ancestors who were
' oeoole o'f position. His father was
postmaster of Natchet, MissV for
: four years, and snenit qt that county
for 10 years. His, father's father,
he said, was a "red-headed Irish
man." His maternal grandmother
' was a schoolteacher in 'Massachu
setts. ' , V. ' r-.!.:
Was Cashier of Bank. ;
' Mr. McCarry was for a number
of years, cashier of the ' Capital &
Savings bank, Washington, D. C, an
institution operated by and for col
ored people. ' j,
; Mr.xMcCarry's testimony was di
rectly opposed to his , son-in-law's
! in regard to their having seen each
1 1
other during the courtship of Miss
McCarry by Mr. Dwyer.
"I saw Mr. Dwyer frequently,"
declared the father. "I played games
with him and talked and discussed
things , with him, not once, but fre
quently." . .
Mrs. Dwyer and the hoy were not
resent at the hearing Tuesday,
he was' reported' to' be too ill to
be in court i
ANARCHY WILL
NOT BE ALLOWED,
SAYS GOVERNOR
(Continued From Pace One.)
rest and prosecution of any person
who is found guilty of advocating
these obnoxious doctrines. It is my
opinion that any person who advo
cates a change in the form of our
government by any other means
than constitutional amendment in
the ordinary processes of law is
guilty of a breach of this statute and
is subject to a penitentiary impris
onment of one to ten years.
From investigations that I have
made I do not believe it is possible
for these agitators to advocate the
doctrines in which they believe
without being guilty of a breach of
this statute. For that reason I am
especially desirous of seeing that
all such individuals receive the
punishment to which they are en
titled. "I want to further call attention
to House Roll 585, which authorizes
the governor, whenever an
emergency arises that is beyond. the
control of the local officials, to ap
point any number of persons neces
sary to enforce the provisions of
the law. Under this statute, the
power to enforce law and order in
Nebraska . is without question antt
I am making this announcement
that the public may understand that
the advocacy of anarchy, bolshey
ism and any other doctrine which is
subversive to the principles of good
government will not be tolerated in
Nebraska."
BLIMP SOARING
2,000 FEET UP
ON WAY TO U. S,
(Continued From Page One.)
arrive Friday morning and' land im
mediately. Everything is in readiness for
the dirigible's reception.- Two hun
dred mechanics, trained in; the han
dling of lighter-than-air craft, and
seven provisional army balloon
companies ' of three officers and 100
enlisted men each, have been
brought here and placed at the dis
posal of the British officers, who
will direct the landing and mooring
of the R-34.,
Smoking Barred On Field.
; Every precautio'h has been taken
t&Vguar', against accidents to the,
dirigible ' jwnile she is here. No
smoking will be allowed ; on the
field and all men engaged in
handling the craft Will be searched
and deprived of matches to prevent
accidents by fire.
No airplanes will be allowed to
lly over Roosevelt field while the
dirigible is there and at all nearby
fields but flights of absolute neces
sity will be perrfiitted. Officers in
charge of the special navy wireless
selected on Roosevelt' field to keep
in touch with the dirigible as she
nears the coast and to make ar
rangements for her landing, expect
to get in direct wireless communi
cation with the craft Thursday
night.
To aid the crew of the R-34 in
case they are forced to land, at
night or in a fog an observation
balloon will be sent up over the
field to serve as a marker. The pilot
will be supplied with rockets and
red flares.
July 4 Celebration
- Has Begun in Paris
Paris, July 2. The celebration of
American Independence day began
in . Paris - today with a recep
tion to General Pershing, Rear Ad
miral H. S. Knapp and 1,500 Amer
ican officers by: the municipal coun
cil at the city hall. "
; President - Poincare will review
,3,000 American and 3,000 French
.soldiers and sailors in the Place de
la Concqrde, July 4. ,
:.t Conklin . Osteopathic j Head.
Chicago, July 2. Dr. Hugh W.
Conklin of Battle Creek, Mich., to
day was elected president of the
twenty-third annual convention of
the American Osteopathic associa
tion, defeating Dr. A. S. Williard of
Montana.
No Advance
In Price !
teSIMTPOSTDM
is sold at the same
fair price a& before
the war.
: Its high quality is
always maintained
and its delicious ,
flavor and practical
economy make it in
creasingly popular.
"There's a Reason"
LEGISLATURE OF
IOWA RATIFIES
EQUALSUFFRAGE
Amendment Passes Senate by
Unanimous Vote and 95 to
5 in House at Two-Hour-
Session.
-' :
Des MotneVIa., July 2. Iowa
Wednesday-' ratified the Susan B.
Anthony federal suffrage amend
ment. The senate passed by a
unanimous vote the resolution of
ratification and the house a few min
utes later voted 95 to 5 in favor of
it. , The ratification was completed
shortly after noon, the entire ses
sion lasting only two hours.
When the vote was reached in
the house it was found three more
members had arrived, bringing the
total to 100. 1
Missouri Ratifies Suffrage.
Jefferson City, Mo.. July 2. The
lower house of the Missouri legis
lature voted ratification, of the fed
eral women suffrage amendment 125
to 4. The senate, which recessed
until Thursday, is-expected to pass
the measure then.
Aged Leader in Woman
Suffrage Cause Dead
(Continued From Pate One.)
. I
Dr. Anna Howard Shaw.
spite the objections of her family
she determined to become a public
speaker and to enter the' ministry,
At the age of 25 she entered Al
bion college with $18 as her total
stock of money. The president of
the college found she had never
studied United States history and
had her come to his office to talk
matters over. They talked for
hours, discussing the history of the
country, the governments of the
world, the philosophical, basis of
westward movements and the like,
and at the end he wrote a certificate
passing her in all the, history of the
college course.
Preached Gospel for Time.
After twov years at the Michigan
college she went to Boston in pur
suance of her determination to
study for the ministry. She entered
the Boston University Theological
school, the only woman in a class of
43. She was graduated, and then
for seven years was pastor at East
Dennis, on Cape Cod. In time she
became pastor also of the Congre
gational church near there and she
managed to- take courses in medi
cine in Boston besides.
She was refused ordination by
the New England conference of the
Methodist Episcopal church on ac
count of her sex. She appealed her
case to the general . conference at
Cincinnati in 1880, and the refusal
was confirmed. Later in the same
year she was ordained by the Meth
odist Protestant church, being the
first woman to receive ordination by
that denomination.
It was in pioneering as a preacher
of the gospel that Miss Shaw won
her first more than local fame.' 'In
1885 she resigned from the pulpit
to become a lecturer for the Mas
sachusetts Suffrage association. Her
rise to prominence as a worker in
the cause was rapid.
Has Spoken in Every State.
As president of the national suf
frage organization, Dr. Shaw had
spoken in every state of the Union,
before many state legislatures and
before committees of both houses
of congress. As a delegate to inter
national conferences, she had paid
numerous visits to Europe. She was
the only woman who ever preached
in Gustav Vasa cathedral, the state
church of Sweden, and the first or
dained woman to preach in Berlin,
Copenhagen, London, Christiania
and Amsterdam.
In the early part of the world war
Dr. Shaw was chosen as chairman
of the committee on women's de
fense work, selected by the United
States Council of National Defense.
She had a wide acquaintance with
women throughout the country, and,
as chairman of this committee, she
brought the prestige of her past
successes as an organizer and re
former For her services in this
connection she was awarded the
Distinguished Service Medal. '
France to Spend Billions
of Franc sin Road Work
Paris, July 2. M. Bedouce told
the chamber the public works
budget for the current vear
amounted to 1,600,000,000 francs, as
compared with JOU,000,000 in 1914;
176,000,000 francs have been allotted
for road repairs in the invaded
regions, which will have the gov
ernment's first attention'. The en
tire construction program will cost
nearly 2,000,000,000 francs, he said.
'Albert - Claveiller minister of pub
lie works, told the chamber that air
the railways of Alsace-Lorraine
except one, are in working orde.r, v
"GOOD SHIP NUTTY"
IS TERM APPLIED TO
FORD'S PEACE BARK
Editorial Writer of Tribune
and CoIonel'Reilly Testify
in Libel Suit
V
Mount Clemens, July 2. Tiffany
Blake, . testifying today in the
Henry Ford-Chicago Tribune llibel
suit recited reasons why, when he
was head of the editorial depart
ment of the Tribune, he gave ap
proval to the. editorial head, "Ford
is an anarchist," on which the $1,
000,000 litigation is founded.
Before Mr. Blake was called the
time was taken up with the testi
mony of Col. Henry J. Reilly, who
commanded the artillery regiment
known as "Reilly's Bucks" in the
Rainbow division in France and a
long deposition from James W.
Gerard, former United States am
bassador to Germany.
He stated that at the embassy,
the Ford peace ship, Oscar II, was
known as "the good ship Nutty."
German official opinion was that
the United States did not want to
fight, and couldn't do so even if it
so wished Germany regarded
pacifist propaganda in 1915 as
favorable to her, because any peace
at that time most be to her ad
vantage. It was the kaiser, he said,
who declared that "America had
better look out after the war."
When Mr. Blake was sworn, At
torney Kirkland of counsel for the
Tribune asked him to state why he
approved the characterization of
the manufacturer as "an archist."
"Because," said the witness, "at a
time when the United States was in
grave danger he advocated the de
struction of our army and navy; be
cause he . said he didn't believe in
patriotism;, because, .with the world
in flames he opposed preparedness;
because he said the flag should be
pulled down and because he said
that soldiers were murderers."
PICK UP GREW
OF DIRIGIBLE
THOUGHT LOST
(Continued From Fae One.)
to rise and ascended steadily until
an altitude of 3,000 feet was reached.
All night the dirigible continued
its wild dash northward, the crew
meantime consuming the small
amount of food aboard.
Early on the morning of the sec
ond day the gas bag buckled and the
horizontal fins dropped to a vertical
position. Throughout that day the
big bag alternately dropped until
perilously near the sea and ascended
to altitudes of more than 2500 feet.
Every available article was thrown
overboard to keep the ship from
plunging into the ocean. Not a ves
sel was sighted. The crew, mean
time, was commenciag to suffer
from hunger.
Ship Finally Sighted.
On the morning of the third day
the sun shone brightly and as the
,gas in the bag expanded rapidly, the
B-12 started to rise. Ensign Griffin
decided to bring the bag to the sur
face and , take a chance on being
picked up. Shortly after descending
a ship was sighted and it directed
its course toward the dirigible, the
crew of which meanwhile were hav
ing great difficulty in keeping clear
of the water. The ship proved to be
the Swedish steamer Skagern, bound
for Halifax. A small boat was put
over the side and the crew of the
B-12 taken off. Then as the in
creasing heat from the sun caused
the gas to further expand, the dirigi
ble rose a few feet above the sur
face, was pulled over to the Skagern,
the rip cord pulled -and the B-12
salvaged without much damage,
more than 300 miles from its home
station. .
Uxoricide Doctor's Body
Still Remains Unclaimed
Mineola, L. I., July 2. No one
has claimed the body of Dr. Walter
Keene Wilkins, the aged physician
who hanged himself in the Nassau
county jail here Sunday after his
conviction of first degree murder
for killing his wife at their Long
Beach home. County authorities
said today no money was available
for funeral expenses. The coroner
indicated a burial at public expense
was likely.
Careless Shampooing
Spoils the Hair
Soap should be used very careful
ly, if you want to keep your hair
looking its best. Most soaps, and
prepared shampoos contain too
much alkali. This dries the scalp,
makes the hair brittle, and ruins 1t.
The best thing for steady use is
Mulsified cocoanut oil shampoo
(which is pure and greaseless), and
is better than anything else you can
use.
One or two teaspoonfuls will
cleanse the hair and scalp thorough
ly. Simply moisten the hair with
water and rub it in. It makes an
abundance of rich, creamy lather,
which rinses out easily, removing
every particle of dust, dirt, dan
druff and excessive oil. The hair
dries quickly and evenly, and it
leaves the scalp soft, and the hair
fine and silky, lustrous, fluffy and
easy to manage.
You can get Mulsified cocoanut
oil shampoo at any pharmacy, it's
very cheap, and a few ounces will
supply every member of the family
ior montns. Adv.
6 BCLL-ANS
Hot water
Sure Relief
SENATE LEADERS
PLAN CAMPAIGN
FOR TEXT FIGHT
Opponents Abandon Knox
Resolution, But Will Center
Forces for Battle Against
League Ratification.
Washington, July 2. With the be
ginning today of a week's recess of
congress it seemed assured that sen
ate opponents of the league of na
tions would abandon any plan for a
formal senate declaration on the
subject before the fight for actual
ratification of the treaty begins.
Until the recess plan was sug-.
gested, it had been the apparent pur
pose of opposition leaders to make
an effort as soon as the appropria
tion bills were passed to bring some
senate action in advance of presenta
tion of the treaty. For this purpose,
it was said the opposition would
press the resolution of Senator
Knox, republican, Pennsylvania, to
serve notice of unwillingness to ac
cept the league covenant as an in
separable part " of the treaty, and
that of Senator Fall, republican of
New Mexico, to declare a state of
peace with Germany.
It now is expected, however, that
the treaty will be presented as soon
as the recess is over, and that both
of these resolutions will be consid
ered then to have outlived their use
fulness. Present " indications are
that from now -on it wilt be a
straight out and out fight over un
qualified ratification. i
Postal Appointments.
Washington. July 2. (Special ' Tele
gram.) Postmasters appointed: Nebraska
Elyrla, Valley county, Bessie Q. Schuy
ler, vice Ella F. Gray resigned- Irving
ton, Douglas county, Clinton H. Williams,
vice Rasmus J. Jacobson, resigned; Simp
son, Keya Paha county, Gerhart A. Bahr,
vice Hattle E. "Bahr, resigned.
4?
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- 4