THE BEE: OMAHA, SATURDAY, NOVEMBER 8, 1919.
9
MAN LOCKED IN
JAIL INDICTED
ON RIOT CHARGE
Cosgrove Alleged to Have Led
Assault on Mayor Sher
. Iff Had Him All
the Time.
A another among a multitude of
examples of glaring Incompetency
and total unreliability of the Omaha
police department tinder the leader
ship of Commissioner Ringer and
Chief Eberstein, an indictment was
returned by the grand jury yester
day against Max Cosgrove charging
assault on Mayor Smith the night
of the court house riot
The witnesses against Cosgrove,
who, according to the sheriff and his
deputies, was m jail when the mayor
was attacked, were Police Capt.
Henry Haze and six other police
men. A point that has never been
brought out clearly before is that
Police Commissioner Ringer and
Chief Eberstein remained secluded
in the county jail when the fury
of the mob was at its height. The
commissioner and chief, according
to the statement of Jailor Clayton
and deputy sheriffs, kept the iron
bars of the jail between them and
the raging rioters during the most
dangerous period of the disorder.
This statement wai made by the
jailer when he explained who really
was in jail when the police claim
Cosgrove was attacking the mayor.
Cosgrove's indictment follows the
ridiculous - testimony submitted
against a reporter for The Bee in the
grand jury room recently by the
same Captain Haze, who was dis
charged from the police department
under a former administration for
indecent conduct towards women.
Arrested by Haze.
Despite the fact that Haze himself
arrested Cosgrove at 6:30 o'clock on
the night of the riot and took him
to the county jail, and despite the
fact that Haze should have known
the man was a prisoner in the
sheriff's custody until noon the fol
lowing day, Haze went before the
grand jury and helped bring the in
dictment, v
The other policemen who swore
, against Cosgrove in the grand jury
room were Thomas Baughman,
Georsre F. Sheehan. M. E. Anderson.
C. W. Crandall, Edward Brinkman,
and Sam Mdrris.
In Jail With Mayor.
According to the statement of
Sheriff Mike Clark and his deputies,
Cosgrove was in the county jail
with Mayor Smith for several
, hours before the mayor was at
tacked by the mob. Cosgrove was
in the county jail when Deputy
Sheriff James Lindsey escorted the
mayor to the east entrance to the
court house, when the crowd seized
him as he stepped across the door
sill.
Neither Sheriff, Clark nor any of
. his deputies, who (declare they will
swear to tneir statements on the
witness stand, were called before
the grand jury. Neither were the
jail records consulted to ascertain
whether or not Cosgrove was re
leased after he was arrested by
Captain Haze, according to the
sheriff.?, s- 1
- Saw Him Repeatedly.
"I know positively that Cosgrove
was brought to the county jail about
6:30 o'clock," declared Sheriff Clark.
I saw him repeatedly during the
night and the man stood right by
my side .when the negro was seized
on the rear stairway."
Mayor Smith was attacked about
9:40 o'clock, and the negro was not
captured by the mob until an hour
or more later. For this, reason, it
was pointed out, that it would have
been an impossibility for Cosgrove
to have been in the mob at the time
an attempt was made to lynch1 the
mayor. ' .
Jailer Tells Story.
, "I know absolutely that Cosgrove
was in the county jail from 6:30
o'clock until noon the following
day," declared Jailer Sherman Clay
ton. "He could not have been in
the mob which attacked the mayor,
i because he was scarcely out of my
sight during the entire time. May
or Smith was in the jail with him
for hours, and so were Commission
er Ringer and Chief Eberstein."
Deputy With Prisoner.
"I saw .Cosgrove when Haze
brought him in," said Deputy
Sheriff Harry D.oworsky. "I saw
him repeatedly throughout the eve
ning and night. I saw him on the
roof, in the laundry and in the cor
ridors of the jail. I saw him when
he was locked up after the riot was
quieted. I know he was not any
where but in jail until noon the fol
lowing day. It was my understand
ing that Cosgrove, with a number
of others early in the evening, be
fore things began to look so bad,
walked into the courthouse. They
were arrested and brought to the
jail with the first bunch of prisoners
locked up as a result of the riot
ing." .1 saw Cosgrove .when he was
brought to jail by Haze," said
Deputy Sheriff Charles Hoye,."and
I saw him at intervals throughout
the night. I was with him in the
laundry and on the roof. I saw him
.before Mayor Smith left the build
i ' and I saw him afterwards."
The jail records show that Cos
grove was released at noon the day
r after the riot. This is said to have
been done with the knowledge of
Officer Haze, the arresting officer.
Later he was rearrested and indict
ed on the testimony of policemen,
who were accused of cowardice,
neglect of duty and incompentency.
Frank T. Hamilton
';: Probated In County Court
The will of the late Frank T.
Hamilton, president of the Omaha
& Council . Bluffs Street Railway
Co. and prominent Omaha capitalist,
who died suddenly October 11, ton a
train near North Platte, Neb , was
probated yesterday in county court
' Charles W. Hamilton and Fred
j. Hamilton, brothers, qualified as
executors under bonds of $1,000
each.
An application for an allowance
of $2,500 a month for the benefit
of the widow and children yesterday
eites the estate to be worth "up
ward! of fSOO.OOV'
Accused Bee Reporter Will
Demand Immediate Trial
On Riot Charge; He Declares
Indictment Against J. Harry Moore Only Another In
, stance of Glaring Stupidity of Police Officials-Frame-up
Story Is Made So "Perfect" It Is Abso
lutely Ridiculous. , , '.
A boomerang appears to be
waiting for the police in the attempt
to fasten complicity in the court
house riot upon J. Harry Moore, a
reporter for The Bee, who has in
curred the hostility of the various
officials and member! of the force
by exposure made by him in his ca
pacity of newspaper man. - 1 - -"I'm
going to demand an immedi
ate trial," said Mr. Moore yesterday.
"If they think they can get away
with anything like , this they
are mistaken. Can you imagine,
anyway, a set of police officials
framing up on a reporter for a news
paper because they do not like a pa
per that publishes all the news?
"But it is in keeping with every
thing else they da ana even this at
tempt at a frame-up ha; that special
brand of inefficiency that is so mark
ed with the heads of the depart
ment." That Moore's indictment is an
other of the well known "frame
ups" of the police, and is character
ized by all the earmarks of police
stupidity that have attended efforts
in many other cases, is evidenced by
a dozen facts that have been
brought to light
Three Men Out of 20,000.
In the first place the identification
of Moore is made by only three men,
all of whom are under police domi
nation, two of whom have confessed
or have been convicted of rioting,
and one of whom is a notorious
bootlegger and all-around crook,
who has been endeavoring for
months to gain the good graces of
the police department, or members
of it, in order to acquire immunity
for the practice of his profession.
Out of the 20,000 or more people
around the court house the night of
the riot, only these three could be
found "By the police to testify they
saw Moore.
And this, in. face of the fact that
Moore is known to hundreds of peo
ple in Omaha, and it would nave
been impossible, for him to have
been in the crowd, or anywnere near
it, without scores recognizing him,
and calling him by name.
Paraded the Street, is Charge.
According to the apparently well
coached story of two of the wit
nesses, Moore is described as incit
ing a groUp to "burn down the
court house."
"He did all the talking," said
Morris, one of the prisoner wit
nesses. "He led the crowd of us down the
street, telling us to 'come on.' " says
Thorpe, the second of the prisoner
witnesses.
"He carried a can of the gasoline
himself," says Morris.
The idea of Moore lugging a can
of gasoline down Seventeenth street,
as alleged, and calling to the crowd
to "come on" constituting himself
the figurehead of such a parade on
such a night, without anybody in a
crowd of 20,000 recognizing him ex
cept the.4 two boys, neither of
whom ever, saw him before, accord
ing to their own statements, is not
only preposterous, but stupid and
ridiculous. ,
It is more than nonsensical to
those who know Moore, owing to the
fact that he is quiet and retiring to
a degree.
Moore Leading a Crowd.
Moore leading a crowd, waving
his arms and shouting to them to
come on, and lugging a can of gaso
line, in the manner of the excited,
half hysterical addle pated youths of
that night is a spectacle that could be
conceived by none, except an ignor
ant Omaha police official.
The very stupidity of such a talc
gives an unerring clue to its author
ship, as those knowing the man will
readily agree that none could con
ceive such a thing, or would be fool
ish enough to conceive of it, except
those responsible tor similar exhibi
tions and manifestations of wooden
headedness on the part of the police
department.
Ernest Morris and Harold Thorpe,
the two young men who allege they
saw Moore leading a group of in
cendiaries, carrying gasoline to start
a fire in the court room basement,
when interviewed in the county jail
Thursday were halting in their
stories, plainly ill at ease, could give
no description of Moore, nor could
they recognize any description of
him, and could make no definite
statement until they had been con
fronted with him. Then their eyes
fell, both were abashed, and appar
ently found it impossible to give a
straight look into the eves of the
man they .accused. Both were si
lent ,and apparently "afraid to
talk until prodded by , Moore, who
accompanied the writer.
"I never saw either one of you
two boys before, and I don t be
lieve either one of you ever saw me
before," said Moore.
"I did," mumbled Thorpe, ner
vously rolling a cigar in his mouth.
"You're the man, all right."
"And do you identify, me, too?,
Moore questioned Morris.
"Yes," answered tne otner, nis
manner sullen and embarrassed,
"you're the man."
Moore Not in City.
The hitch in the story is brought
about by the fact that, what has not
not been known, Moore was not in
the city the night of the riot until
a late hour. When informed of
this the eyes of the boys gave a
momentary flash as if startled, and
then Morris quickly said:
"Well, the people that said he
wasn't here could be lying just as
well as anybody else."
Whether or not this could be the
factj says Moore, will be brought
out when the names are given of the
men who were with him during the
time the police hope to show he was
at the court house, Moore stating
that the 'men in question bear rep
utations not assailable by state
ments of such as the two prisoners.
The story of the two police wit
nesses, as told by Morris, is as fol
lows: "We don't know anything about
the man Moore, nor where he
works, nor his name. We never
saw him before the night of the riot
and never saw him again afterward
until he came into the office of Cap
tain Hayes in the city hall, where we
had been taken to identify 101116006.
We didn't know him by the name
of Moore or any other name.
"When I saw him I identified him
instantly," broke In Thorpe. "I
knew him the minute he entered the
door of Captain Haze' office." .
"The night of the riot," continued
Morris, "we were standing with a
crowd of twelve or fifteen at Seven
teenth ana Douglas streets. The man
called Moore was in the crowd and
doing all the talking, saying that the
only way to get the negro was to
burn the court house. He led the
crowd to the Nicholas filling station
at Seventeenth and Davenport
streets, where we filled some cans,
taking the gas without paying for it.
The man called Moore carried a can.
We went back to the court house,
and I saw Moore pour his can into
the basement room. I didn't see
him touch a match to it, and don't
know who set the stuff on fire."
"What time was this?" Morris was
asked. ,
He hesitated, and said he couldn't
tell.
"Was it after dark."
He hesitated again. "Yes," he
said." It was after dark. I got there
myself about 7:30. It was about 8
or 9 o'clock.
"May Get Out Soon."
It was then that a significant slip
occurred in the recital of the pris
oner Morris, apparently lending
support to the charge of Moore
that the entire attempt is a "frame
up" to retaliate upon him for police
exposures.
"You were sentenced to 90 days
each by Judge Redick?" Morris was
questioned.
A grim smile spread over the
prisoner's features, and he glanced
slyly sidewise.
"Yeh," he answered, "90 days;
that's what they say, but I don't
know whether we'll stay that long
or not, you can bet on that."
"Why?. Did Captain Haze say
he would help you?
The prisoner shut up like a clam,
and Thorpe jerked his head around
to sharply eye his companion and
the questioner.
"Nix,", said both, in a breath,
"Captain Haze didn't promise uls
anything."
Reluctant to Give Addresses.
Both the boys appeared reluctant
to talk about themselvei their
business, or to give pers6nal details
or addresses, answering questions
only after consideration, as if con
cluding that it would be better to
give replies.
Ernest Morris stated that he had
lived in Omaha a year. He said
he had come here with his mother,
who still lives here. He gave his
home addTess as 533 Soutfl Twenty
second street,' and said he had
worked for the Omaha Transfer
company.
The address does not appear in
the city directory.
Harold Thorpe said he was an
Omaha boy, his parents living in
Omaha, that he had been employed
by "Groth," a groceryman, and that
his parents lived at , 2904 Farnam
street.
Moore did not recognize" the pris
oners, on seeing them in the jail,,
and gave his Story in the presence
of the two boys as follows:
"One day about a week ago Cap
tain Haze told me he had a man
in his office he wanted me to look
at Iwent up to the office later, as
requested, and as I came in Captain
Haze shook hands with me, and
said the man wasn't there. I noticed
two men sitting in the office at the
time, but paid little attention to
them. I presume that they were the
two prisoners, and that I was called
in so that they could get a look at
me. Captain Haze probably went
through the handshake, so as to
identify me to the two men."
Moore looked at the two prisoners
and said:
"That's the way it wast wasn't it?
You two were the men sitting there
when Captain Haze took me by the
hand." ' . -
Morris" was silent, and Thorpe
shruggid his shoulders.
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(
Children
's Day at Bufrgess-Nasli
Saturday Mootm
oaies
Th Children's MILLINERY Section
Presents Unusual Opportunities to Save
300 Hats SSmall Girl
Offered Saturday at
, and 12 Off
Regular Price
Tbere tret
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Silk Felt Duvetyne
hats to frame the plau&nt faces of the younger tots.
They tare drooping brims, rolled brims and no brims
at all, sad trimmed is the most guileful flowers,
feathers, fur and ribbon that youth can fancy.
New colors.
Bavess-lash Seeand Haer.
I Satur- '
I day from
I 10 to 12
I the Last
1 DOLL
CLOTHES
SEWING
CLASS
rrnltn After the Holidays-
Bring your doll to our Toy i
Department, Saturday from
1 10 to 12, and make her a new g
I dress, apron, or a pair of jj
rompers. We will furnish the g
f needles, thread and material j
Children's School and Dress
GLOVES in a Large Variety
MOTHERS will appreciate the splendid assort
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An extra new line has just arrived, and in-
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Reasonably priced at
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Bargees-Mash Main floor.
Burgess-Nash Toyland on Fourth Floor,
Where Children's Dreams Come True
Oh who will take a walk with me
A wondrous shop to see?
So many, many pretty toys
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It's fun Just to look at things (
The world seems bo full of toys
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Bnrgess-Xash Toyland.
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Bnrce-Jfah Sfaia Floor, g
Children's Specials
On Sale From 9 to 12 Only
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Mothers cannot afford to miss this extraordinary three
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Baby Flannelette Kimonas
Specially Priced at
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Keep the taby warm and comfortable. These little gowns
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An Extraordinary Sale of
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Extreme Values in
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85c
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ON SATURDAY WE FEATURE
An Enormous Sale of I
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XM E HAVE taken several hunidred boys' suits from our regular stock, which we feel must
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Every suit is specially priced at . v
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Junior Overcoats
Teaching son to always appear neat and clean is as important as
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We are now showing many Junior coats in
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Made with convertible collar and belt all around. Priced at
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Next Week Is Children's National Book
Week. Watca for Our
Special Features. ,
ChOdxen's Hair Bobbing on tbs
Fourth Floor.