...... , . ; ..v .- ", - m. , , , ' ; . . .,-
THE BEE: OMAHA, WEDNESDAY, JULY 16, 1919.
Iff
1
ONE SAYS 'TIS,
T'OTHER 'TISN'T,
IN RE 2.75 BEER
Pittsburgh Judge Rules Light
-. Beer Is Intoxicating, While
New Orleans Bench ;
Decides Otherwise.
Pittsburgh, Pa.; July IS The
government won its first point to
day in its fight against the sale of
beer containing 2-i per cent alcohol
when Judge W. H.' S. Thomson in
United States district court over
ruled demurrers of officers and di
rectors of the Pittsburgh and Inde
pendent Brewing companies to
charges of violation of the war-time
prohibition .law. Each of the defend-
- anis, iv in an, was nciu hi fi.wu
j-' bail for the- November term of
.court
, 'JidgeThomson's decision follow1,
' ,'ed arguments by counsel represent-
. ing the 11 officials of the Pittsburgh
j Brewing company in support of
K their demurrers to charges of a test
: suit. brought by United States .At
torney R. L. Crawford, charging
', violation of the dry act by? sale of
beer containing more than one-halt
one per cent of alcohol to a local
' saloon keeper. Judge Thomson said
' his ruling applied also to demurrers
filed this morning by eight directors
of th Independent Brewing com-
.' pany to a similar suit started -Saturday.
' .
- v ' Demurrer Sustained. ,.
New Orleans, La., July 15. Fed-
eral . Judge Foster today "sustained
. a- demurrer filed by officials of the
American Brewing company to an
indictment charging that the manu
facture of beer of more than one
halt, of I per cent of alcoholic
content was in violation of the war
'time prohibition act.
The demurrer contended that only
Omaha Officer With
American Troops in
Russia Has Returned
Principle
, Precedes '
Profits
' Our principle it to
always have new, fresh
stock. To do this we
'must sell at some price
at end of each season.
July Sales
Are Now On
I on all Spring and Sum-
. : - .1 ... '
mer garments at
20 to 50
Off
, 'V s)
Albert v.. May, tormcr Omaha at
torney, returned to Omaha yester
day from Russia, where he was sta
tioned with the American Expedi
tionary Force. He was a first lieu
tenant and served with his company
in Russia 10 months.
Lieutenant May denied that there
had been any mutiny on the part of
American troops in Siberia, as was
reported.
intoxicating beer was prohibited
and that 2.75 per cent alcohol beer
was not intoxicating. In his opin
ion, Judge Foster said the commis
sioner of internal revenue "had no
right to state that beer of more
than one-half of 1 per cent could
not be manufactured," but made no
ruling as to whether 275 per cent
beer was in fact intoxicating.
Smart
Woar fnr
S0 . Women
I 2d Floor Securities
5 : Bldg.
Beaten by Officers;,
Yankee Soldiers Say
(Continued From Pag One.)
a .corporal in Company G, 38th
infantry, said while at the ."brig"
he was knocked down -by an officer
and one of his teeth knocked out
when he refund to surrender his
money belt.
"Once, when I was scrubbing a
floor, a sergeant swung a club at
my head every five seconds," testi
fied Goldberg.
Paul Boggs of Baldwin, N. Y.,
518th field signal battalion, said men
at the farm were often so hungry
that ' they were "glad to eat dirty
potatoe pealings." He said that he
d'pped a tin cup in a swill barrel so
as to get some grease that fie would
cat "nith a relish."
"Instead of giving a command, it
was generally given with a club,"
asserted Boggs, who said he saw at
least 50 men beaten.
Beaten Up Often.
Alvin Bates, Brooklyn, who was
was with the headquarters troops,
second army, said whenever "there
was a formation, a man was beaten
up every five minutes," at the prison
farm. He' and Boggs said that a
Pole serving in the American army,
was brutally beaten, and soon after
ward the prisoner cut his throat
with a razor.
"Medical inspection was a farce,"
said Bates, referring to the farm.
"You wenfr'in one door and were
kicked out another."
George- L. Pallitto, Newark, N.
J., private in Company M, 113th
infantry, told of many cruelties in
the prisons in France, and admitted
that he was absent without leave,
for which he was sentenced.
One Injured When Truck
Collides With Automobile
Shenandoah, la., July 15. (Spe
cial.) Mrs. Jerry Spargur of Vil
lisca, la., who was thrown from a
truck when it collided with an auto
mobile driven ly Mrs. H. G
Loonaii. was the only one of the 10
occuoants who suffered injuries. A
seven -months-old baby, Mrs. Spar
gur wa holding in her arms, was
uninjured.
r
It:
THE STORY OF A
GROWING TRADE
rE are builders and retailers of all varieties of
luggage. Because we build it we Know con
struction and this knowledge of how luggage should De made
is the greatest asset in buying those pieces we do not make.
This is why 'we chose the Oshkosh Wardrobe Trunk,
"the paramount value, because of its convenience,
beauty and strength. Our suitcases, bags, etc., correspond in
excellence.
Ask us about luggage.
1209
Farnam
OMAHA
Douglas
480
TRUNK FACTORY
START DEFENSE
OF EMERSON ON
MURDER CHARGE
Attorneys for Defendant In
troduce Chain of Witnesses
to Detail Movements
During Day.
Mt. Ayr., la., July IS. (Special
Telegram.)--Attorneys for Roy Em
erson, charged with the murder of
his mother in Creston on the after
noon of May 6, are attempting to
prove by a chain of witnesses that
the circumstancial evidence intro
duced by the state does not prove
his guilt as he did not leave the pres
ence of customers and -friends long
enough during the afternoon to
commit the murder.
W. R. McDonald, janitor of the
building until a few weeks before
the tragedy, testified that he fre
quently while sweeping saw blood
on the floor of the workroom. He
also told of Mrs. Emerson threaten
ing suicide about 18 months before
her death following a quarrel with
her husband.
Mrs. Lon Pollack of Des Moines,
a sister of Charles Emerson, testi
fied to Mr,s. Emerson's statement
following the funeral of her hus
band. he quoted her as saying.
"I wish it had been me left out
there instead of Charles. It would
have been much better. There is
no place left in life for me."
Her husband substantiated her
statements.
In 'tracing Roy Emerson's move
ments on the afternoon of the trag
edy, the first witness called wasW.
D. Waidham, manager of a cigar
store. He testified that Emerson
left his store at 2 p. m. George
Wells, manager of a restaurant told
of talking with Emerson shortly
after 2 p.m.
Visitors at Office.
Harold Giben, a former Emer
son employe who had just been dis
charged from the army, told of visit
ing Emerson in the undertaking
parlors from 2:30 to 3 p. m. He was
accompanied by his father and vis
ited with Roy Emerson and his
mother. He saw Mrs. Cora Foster
pass the building and was present
when Roy Patterson came in. They
left Roy Emerson alone in the
office.
Roy Patterson told of talking to
Emerson about a funeral in the
office about 2:30 or 3 o'clock, Mrs.
Cora Foster told of waving to Mrs.
Emerson when she passed at 2:40
er.route to the postoffice. She said
several men were in the office.
When she returned she says no one
was in the office.
Ralph Tallman told of visiting
emerson in the office shortly before
4 p. m. He said Emerson was alone
at the time. During his visit he says
Walter Matlock came In. William
Bonus testified that he was with
Emerson in the office from 4 o'clock
until 5 p. m. He said he did not see
Mrs. Emerson during his visit.
Visit at Apartment.
Mr. and Mrs. Shinn testified to
visiting the Emerson apartments the
ninht of he tragedy to extend con
dolences. They testified they stayed
with Emerson from 10 o'clock until
1 :30. During their visit they told
of Matlock and Dr. Orlo Coakley
visiting the apartment.
They testified that Emerson and
the two visitors went into a bedroom
and were followed by Mrs. Roy
Emerson who came out in about 20
minutes and requested that some
one take Dr. Coakley away. They
said Frank Flummer took him away.
They refused to say the doctor
was intoxicated but said he was not
in a normal condition. When he
entere the room they testified he
knew neither of them although they
are neighbors and well acquainted
Before leaving the house, they said,
the doctor recognized them.
The prosecution rested its case
following the refusal of the court to
allow Dr. H. M. Stanley to testify
in regard to alleged blood stains in
the clothes worn by Roy Emerson on
the day of the tragedy.
Overrule Defense Motions.
Motions by the defense to strike
all evidence regarding the suit of
clothes, for a directed verdict of
acquittal and a motion for the state
to elect on which of the two forms
of death charged in the indictment
the state would base their case, were
overruled by the court. The in
dictment charges that Mrs. Emer
son came to her death either by a
blow on the head or by a fall down
the elevator shaft.
Mrs. Louis Ulrich, wife of a res
taurant keeper, with apartments in
the Coakley part of the building, was
the first witness called by the de
fense. She testified that she lived
across tKe hall from the Emerson
building and that the door of their
apartment was open on the day of the
tragedy except between 3 and 4 p. m.
She said her husband was sleeping:
and that she heard no unusual noise
or commotion in the Emerson build
ing. On cross-examination she ad
mitted that delivery waeons in the
alleyway made considerable noise
and that a printing office next door
also made considerable noise. -;
Mrs. George Hawker testified that
she had been acquainted with Mrs.
Emerson for a number of years and
that during the spring while walking
to a lodge meeting Mrs. Emerson
complained of having dizzy spells.
Mrs. Walter Huntington, living on
a farm near Creston, testified that
she was an intimate friend of Mrs.
Emerson who frequently visited her
on the farm. She told, of her fre
quent dizzy spells and said she was
inclined to fret and worry equally
over large and small affairs. She
says Mrs. Emerson in her presence
had threatened to commit suicide.
Williams Tries to Defend !
, Action of Banking Board
Washington. July 15. Resuming
his testimony today before the sen- j
ate banking committee, John Skel- j
ton Williams, comptroller of the '
currency, defended the administra
tion of his office and accused Wade
Coooer. a Washington banker, of
having circulated "untrue, false and
damaging statements" against him
and his office.
The comptroller defended his ac
tion in sendine to bankers a mem
orandum attacking Mr. Cooper.
Pressed bv Chairman McLean for
his motives in doing this, Mr. Wil
liams said it was to counteract
statements circulated by Mr. Cooper
and to inform the public and stock
holders relative to the management
of banks operated by Mr. Coqper
and. his brother
Rape of Korea by
Japanese Charged
bv Church Council
(Continued From Pare On.)
or wounded by hundreds. In other
instances native high school stu
dents of both sexes who had joined
the processions in behalf of Korean
liberty were imprisoned and tortur
ed. The stripping and beating of
girl demonstrators and the brutal
treatment of Korean women by
Japanese soldiers were frequent,
while bands of armed Japanese
thugs, were turned, loose upon the
Korean crowds.
"From March 1 to April 11, 361
Koreans were known to have been
killed and 860 wounded. The indig
nities to a few foreign missionaries
and especially the arrest and im
prisonment of the Rev. Eli M.
Mowry, are already well known in
America. The latest reports are to
the effect that the arrest and tor
ture of suspected persons' by the po
lice were continuing and that a
reign of terror prevailed.
Engaging Serious Attention.
"That the forbearing policy of the
federal council's commission has
met with 'an appreciative response
from the 'Japanese government is
evident from the following cable
gram just received from 'the Hon.
Takashi Hara, premier of the im
perial cabinet:
"I desire to assure you that the
report of abuses committed by
agents of the Japanese government
in Korea has been engaging my
most serious attention. I am fully
prepared to look squarely at actual
.facts. As I have declared on vari
ous occasions, the regime of ad
ministration inaugurated in Korea
at the time of annexation, nearly
10 years ago, calls for substantial
modification to meet the altered
conditions of things. A comprehen
sive plan of reorganization with
this object in view has already been
on the tapis.
' "In view, however, of the recent
improvement in the situation, the
contemplated reform can now be, in
my estimation, safely introduced and
will be carried into effect as soon as
the legal requirements of procedure
to make them definite shall have
been completed."'
The commission also makes pub
lic part of a cablegram from Vis
count Uchida, minister of foreign af
fairs, in Tokio, wherein he confirms
the assurances of Premier Hara that
the latter is s'nving to remedy the
Korean trouble. The message
thanks the Americans for their "cor
dial and friendly spirit," and asks
for a continuance of their sane and
moderate attitude."
'ROPE BURGLAR' IS
GIVEN TERM IN
FEDERALPRISON
Man With Several Aliases
Pleads Guilty to Charge of
Attempt to Rob Post
offices. ,
Adam Moore, alias Frank White,
alias Frank Alexander, ex-convict,
known as the famous rope burg
lar," was arraigned in federal court
yesterday on a charge of attempting
to rob the Walnut Hill and No. 9
postoffice stations. He pleaded
guilty and. was sentenced to IS
months in the federal prison at
Leavenworth, Kas.
Moore was released from .the
state penitentiary last Thursday
and was immediately taken into cus
tody by government officers. He
was sent to prison from Omaha in
1916 for committing over (30 hold
ups and robberies.
It was his custom to enter a house
os place of business, tie the owner
to a chair, and then walk off with
whatever he found of value. He was
never without a rope, and although
he was carrying a gun when he was
finally captured, he had never used it.
Moore wa's first sent to the peni
tentiary in 1914, after committing
a series of robberies. He was pa
roled a year later, and with recom
mendations and papers attesting to
his good behavier while confined
iji prison, committed a series of dar
ing robberies which drove the police
frantic.
Keen Bidding for Drug
Store in Medical Building
Keen bidding is going on between
druggists to see who will be the
occupant of the drug store in the
new doctors' building which is to
be erected at Seventeenth and
Dodge streets, as this will be a very
desirable location.
Eleven floors of the new building
have already been spoken for and it
is now certain that the medical as
sociation will have little difficulty
in renting all the space to dentists
and doctors.
The decision of the doctors to
make Omaha a real medical center
is proving very popular with the pro
fession as they now see the idea
will work out all right. All are tak
ing interest in the plans being pre
pared by Architects Kimball and Mc
Donald, especially in the plans
which will make this essentially a
medical building.
Hayden Bros, will use the base
ment and first and second floors.
Crew of Balloon Victory
Returns to Fort Omaha
Lt. William E. Huffman and Lt.
William ,E. Connolly, the crew of
Fort Omaha racing balloon, the
"Victory," returned to Omaha yes
terday, safe and sound. The "Vic
tory" balloon encountered so many
cross currents and electric storms
that "they really didn't know where
they were half the time," according
to Lieutenant Huffman.
"At one time we were well into
the state of Minnesota," said Lieu
tenant Huffman, "but we struck a
cross current that took us clear back
to Waterloo, la."
Harry Wolf Buys Common
Stock In Big Office Building
Harry Wolf has bought for the H.
A. Wolf Co., of the Saunders 'Invest
ment Co., their entire holding of the
common stock in the Saunders-Ken-nedy
Building Co. With this pur
chase the H. A. Wolf Co. comes into
possession of all the common stock
of the Saunders-Kennedy building,
as it has previously bought the stock
of Mr. and Mrs. John L. Kennedy.
Mr. Wolf plans to eventually move
into the building.
Ford Favors Another
War if League Fails
(Continued From rage One.)
but inspired apparently by his ut
terances. -Mr. Ford admitted that he still
considered war of aggression as
murder, and professional soldiers,
not tven excepting General Grant
and General Pershing, as murder
ers. His reiteration that to him his
tory was so much "bunk" and an
admission that on many subjects he
was ignorant, although he did not
consider himself an "ignorant ideal
ist," as charged by the Tribune in
the alleged libelous editorial of
June 23, 1916, headed "Ford Is An
Anarchist."
He stated that when a war is un
avoidable that conscription is the
fairest method of obtaining an army.
The witness said he did not know
the cause of the war of 1812 be
tween Great Britain and the United
States, but said that slavery caused
the civil war and thought the war
with Spain was to free Cuba. He
did not recall that the sinking of
the Maine precipitated matters.
"I have read quite a little his
tory," said the witness.
"And you consider it bunk?"
asked Mr. Stevenson.
"It is bunk to me."
While the testimony was pro
ceeding the "Flag of Humanity"
was kicked under a table, where it
remained in a dusty and neglected
heap.
Counsel for the Tribune, inspired
by Mr. Ford's statement that "flags
were something to rally round," and
that there had been a flag under
which the whole world might live
in peace, have been trying to get
this flag ever since the trial started,
two months ago. Mr. Ford said
that he had never seen it before.
Mr. Ford characterized a war of
aggression as one where one coun
try wanted to burglarize another.
Perhaps the kaiser wanted to do
that." illustrated the witness. "An
army might be used to burglarize
Mexico take their natural resourc
es, I mean. Anything above a de
fensive army oould be used only for
that."
"Isn't it true that you opposed
even the army that we had?" asked
Mr. Stevenson. .
No, it isn't."
Shantung Bait to Japs;
. Senator Norris Charges
(Continued From I'ace One )
eral treaty of peace and that Japan
never would give up the peninsula
unless forced to do so by war.
In the end the senate adopted
without a record vote a resolution
by Senator "Lodge asking the pres
ident for any available information
about a secret treaty alleged to
have been negotiated between la-
pan and Germany in 1918 embody
ing a pian lor Kussjan renaointa
tion and promising Japan's indirect
protection of German interests at
the Versailles negotiations.
Sweeping Request.
A sweeping request for informa
tion about the conversations at Ver
sailles also was sent to the White
House by the foreign relations
committee, which adopted a reso
lution by Senator Johnson, repub
lican, California, calling for all pro
posed drafts for a league covenant,
for reports of the arguments rela
tive to the IcaRtie, and for "all data
bearing upon or used in connection
with the treaty of peace."
At its meeting the committee be
gan the reading of the treaty, cov
eting in less than two hours about
one-fifth of its sections, but passing
over for future consideration the
league covenant, the boundaries of
Germany, and many minor provi
sions. The reading will continue at
a long session tomorrow, the senate
having adjourned until Thursday so
the committee would not be inter
rupted in its work.
There was no discussion of Presi
dent Wilson's, offer to consult with
the committee on doubtful points of
the treaty, nor was any attempt
made to have the committee open
its doors to the publiic. It was sai4
these questions might not come to,
a head for several days after the
reading of the document was fin
ished. There was growing convic
tion, however, that should the presi
dent see the committee it will be at
the White House and not at the
committee room.
Senator Lodge's charge that
Japan's support of the league had
been purchased by the Shantung
agreement was coupled with a
warning that Japan was following in
the footsteps of Germany as an em
pire builder.
"There's another great power be
ing built up on the other side of the
Pacific," said the foreign relations
chairman. "We are asked to out
our name at the bottom of that
robbing of China handing over
control practically of that great
province to Japan. I do not want to
see my country's name at the bot
tom of such a thing."
ThompsonrBelcieit &Ca
J Established 78 8 6 y
-for IE,
These Specials
$1.50 Athletic Suits,
$1.25
These Athletic Union
Suits are an unques
tionable bargain. Sizes
34 to 50.
Fibre Hose for 45c
First quality hose, Eif
fel make, in seven col
ors. For Wednesday
only.
To the Left st You Enter.
White Goods
Specials...
65c white imported
Madras Skirting for
50c a yard.
75c white Irish poplin,
27 inches wide, 59c a
yard.
35c white Persian lawn
32 inches wide, 25c a
yard.
35c white India linen,
32 inches wide, 25c a
yard.
The Basement
Offers
A most attractive collec
tion of aprons, house
dresses, and gingham
dresses for street wear.
Also children's dresses,
kimonos, sun hats, and
sweeping caps.
Every woman will ap
preciate these oppor
tunities to economize by
visiting the Basement
Store.
Dressesor Miss Two to Six !
Only 29c
and the athletic
young lady on
the right would
be apt to need
quite a feiv.
You will find these percale dresses,
200 of them, in the Basement Sales
Room, real Thompson-Belden bar
gains. Wednesday,1 29c
In the Basement.
Hosiery -Reduced
In Out-Sizes
White lisle hose 85c.
White silk hose $1.
Very sheer and fine
white silk hose $1.25.
Pure thread white silk
hose with lisle top and
soles, $1.50 and $2 a
pair.
Office Aprons
Black sateen office
aprons in small sizes,
75c.
Skirt aprons $1.35.
Imitation Linen
Suitings
Excellent material for
outing skirts, dresses,
smocks or rompers. In
plain colors.
Values up to 60c
Wednesday ,39c
In the Basement.
Brassieres and
Bandeaux
The undergarment that
is absolutely essential
to a well-dressed woman.
Odd sizes can be ob
tained daily in the cor
set department at re
duced prices.
Corset Dept. Third Floor.
Coffee
Drinkers
Take Notice!
There's No Increase
InThePriceof
INSTANT
POSTUM
But there's apt to
be an increase in
your comfort and
health if you
change from
Coffee to Postum
t There's a Reason"
I, . ll!lt II .
-P I -v - -
jr. Z
A
New Era
By fire and sword
the world has been
awakened to a new and
better way. Nothing re
mains (iuite as it was yes
terday. This new day calls
for new methods
new standards of service
and helpfulness. And
banks and bankers are not
exempted.
Here, we believe,
we have caught the
spirit of the times. We
endeavor to meet the
most exacting demands of
our patrons.'
The Omaha
National Bank
Farnam at 17th Street.
Capital and Surplus, $2,000,000.
With the Coming
of Summer Days
the appetite sometimes needs
tempting in order to keep it up
to par.
is the ideal -food for warm days,
furnishing as it does the maxi
mum of nourishment with the
least tax on the digestive organs.
It's REAL bread, meeting all the
requirements of a perfect summer
diet. ,
Wrapped and Saled at Oar Bakery for Tour Protetfofe.
Grocers Sell Betsy Ross
The Jay Burns Baking Co.
OMAUA