THE BEE: OMAHA, WEDNESDAY, NOVEMBER 19, 1919.
CONTEMPT CASE
TiULING IS BLOW
TO NEWSPAPERS
Cannot Show Falsity in
if Testimony ' of State's
. . Witnesses Violated .! .
yy: For 25 tears ...
I cuiiui rm rg om.) v
lit ''41 -
t 'tbrupt end and turned to the court
"i "As" I understand, it," he said "a
t person accused of a crime, especial
s ly serious a crime as the one
.charged against Defendant Moore in
I thil ease, should have, and does have
the right to collect evidence in hii
-defense and to get affidavits that
I testimony against him is not true."
I , The point is well taken," replied
'the court. "The defendant has the
; -right Ho collect evidence in his be-
half, but that evidence should be
I presented in court, and not placed
in a newspaper to try nis case oeiore
the pubJic."
Witnesses Discredited Themselves.
V'Undcr' the .court's ruling, then,"
a;d Attorney Conncll, "it is useless
1 for me to go ahead rvjth testimony
I to prove that the story is true, as
T published in The Bee, alleging a
f fnnieup against the defendant
I Moore in securing his indictment on
. i:uaic ui naviiiaj iiLiuaicu tu
thi riot at tie court house.'
iv 'it will have to, be ruled out," an-
Wed the court. "The truth of the
charge would be w justification for
Ahr contempt of aourt."
, j iic cuun iiums, men, inai inc
story as published is per se contempt
cimitself? questioned Attorney Con
v1t . . ,
v "." do not know,the interpretation
the. counsel places upon the phrase
'per se,' " mid the court, "but as I
read the storv oyer as published In
The Bee Sunday morning, November
9, 1 formed the opinion that it tended
tiX discredit a state's witness, and
therefore was contempt of court."
' It was pointed out, in duscussion
of the ruling during a recess, that
the newspaper had not discredited
,the witnesses, and that they had dis
I icredjted themselves by retracting
I their testimony. .'", 1
How Can Public Learn Truth?
-And, it was further pointed out, if
the newspaper is barred from pub
'liyhinar the fact that two witnesses
?! "vhc have sworn to evidence upon
. ": it I I ! l! J
wnicn a man nag pecn inqicico later
retract their testimony and declare
the'raan innocent, how is the public
to learn the fact unless the news
saner can oublish it? .
l: Ue newspaper can publish the
pi Ills viiguiai i.uiiiiij n
fact that the accused man was ar
rested, it was said, how is the public
to learn, during the time, sometimes
months intervening before the trial,
that the' accused was in fact jnno
ccnt all the time? ' , .
. ; Shotwell Sustains Judge.
In discussion of the point ounty
Attorney Shotwell upheld the judge s
rulir.g, stating that it was dangerous
to "try cases in the newspapers, as
it tended to prejudice the public,"
".dmit the right of the public
to the news," said the county at
torney, "but I am xn1y arguing the
Jaw in the case; This has been the,
law, and under it such matter can-
;y v. Don't You
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and cost but V
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get one j A .
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not be published prior to trial of a
case." . ' ' , i .
Violated for 25, Yeart, ,
It was then pointed out that,
under this ruling, the law has been
violated by every neswpaper in the
stale during . the last 25 years or
more. Under this law, it was said,
nothing can be t printed against a
witness for the state, no matter how-
false the testimony of that witness-
is going 10 e wncu prcsciucu
court. t
How About Grand, Judy.
It was further pointed out to the
county attorney that the grand jury
could return indictment after in
dictment against men, and that the
facts of. the indictments could be
published, but that the public would
have to remain in ignorance of cir
cumstances which would show that
these witnesses had sworn falsely,
and that the accused men were in
nocent, if such happened to be the
case. -' '
It was further pointed out that,
in fuch cases, the truth would not
come out until trial of the cases, and
then but a small portion of the oeo
ple might finally learn of the? in
nocense of the accused. -
County Attorney Shotwell turned
from discussion of these questions
to take up another phase of the
court's ruling, reverting again to his
argument that publication in the
paper tended to prejudice the minds
of .the public, and that in many
cases the person against whom the
story was leveled had no means of
replying.
, To this reply was made that the
columns of a newspaper are always
open to anyone desiring to make a
statement in reply to any charges
made against them.
Moore Denies Statements.
Following the presentation of the
offer to prove the truth of the Bee's
story' through Sheriff Clarjf and
other witnesses, Attorney Connell
called Defendant ' Moore to the
stand for the purpose of getting his
statement with regard to the claim
of two grand juringmen that he ad
mitted or claimed before the grand
jury, to have written the story.
"Two of the grand jurprs, W. C.
Hughes and H. C. Noyes, have al
leged on the witrless stand that you
said before the gVand jury that you
had written this story published in
The Bee November 9," said At
torney Connell. "Did you make such
a statement?",
"I made no such statement," said
the defendant. '
There was no cross-examination
on the part of County Attorney
Shotwell.
Jurymen Deny Statements.
The defense then called two more
errand iurv men, C. T. Anderson
and Robert Leckey. Both admitted
being m the grand .jury room a
week ago when Moore was ex
amined Both denied that in their
knowledge Moore had made the
statement that he had written the
story in question.
"What Moore said was that he
had written some stories, and some
'parts' of other stories, but that he
could not pick out in stories the car-
ucuiar pans lie nau wuucu, sam
luror Anderson "He said that he
may have written the story, but he
could not state so positively." -
"Moore did not say, to my knowl
edge, that he wrote the story," said
uror Anderson. ' "He stated that he
ad written sonie stories, or parts of
some stories, but he could not fe
mettiber which ones." ,
1 '. Other Witnjsses. "
Other witnesses called included
Asel Steere, deputy clerk of the dis
trict court, who testified to entries
on his books showing the indictment
of Moore.1 t
William A. Nixon, night tele
graph editor of The Bee testified
that Jie had had nothing to do with
the preparation of any of the local
news stories and did not .know who
had written them. Day Telegraph
Editor G. C. Alexander testified to
the same effect, a- did T. B. Long,
one of the day copy readers. ,
Associate Editor McCullough.
Through Associate Editor Theo
dore Wilson McCullough of The
Bee, County Attorney Shotwell
sought. to throw an illuminating
light upon the workings of the edi
torial department.
Col. McCullough testified that
normally he was in charge of the
editorial department of the paper,
and that as a rule the editorials in
the paper were as much news to Mr.
Rosewater as to the public, he not
seeing them until after publication.
In instances, he said, Editor Rose
water wrote editorials himself.
Who had written the "Stop I Look I
Listen I" editorial was not known to
him, said Col. McCullough, he hav
ing been out of the city at the time.
Th Policy of .The Bee.
If was through Col. McCullough
that Attorney Connell got into the
record the established policy of The
Bee, as set forth at the liead of the
editorial columns.
He called the attention of Col.
McCulksueh to the name of Victor
Rosewater atthe head of the edi
torial column, tour lines from the
top, and said: , :
'I will now call your attention to
some lines directly beneath the
name of Editor Rosewater, and dis
played prominently between black
lines, he said. l hese lines read as
follows: V -v
What The Bee Stands For. ;
1. Respect for law and main
tenance of order.
2. Pitiless publicity and con
demnation of inefficiency.
"That's enough of that," inter
rupted the judge.
"But I wish to show the policy of
The Bee, as connected , with the
name of Editor - Rosewater, just
above this announcement," explained
Attcney Connell.
"It is not relevant," said the
judge.
- A smile ran around the court
room as Attorney Connell turned
away, smiling himself.
Close Case Today.
' The afternoon session closed with
an agreement that Attorney Connell
IS to use two more witnesses this
morning and then conclude with his
argument in behalf of the defendant.
It was expected that the argu
ments would take no great length
of time on the part of the defense
and that the case might be closed
ly noon.
Foreman Towle a Spectator.
During the afternoon session
Foreman Towle of the grand jury
Wis an interested spectator, talking
during' a recess with the judge at
trie bench.
Challenged the Jury.
It was during the morning ses
sion that the character of the case
for the time being was turned from
a trial of The Bee for contempt to
umi oi me grand jury and its I
methods and motives in finding cer
tain indictments.
.Attorney Connell sprung a start-,
ling and sensational charge against
tne jury challenging its . legality,
and laying the foundation for fur
ther charges, which dt; appeared .to
be indicated will be pressed.' that
all the acts of the jury in return
ing its various indictments are void
and without effect. ,
Elmer Thomas Erupts. s
And Elmer Thomas appeared, in
the court room, made .a , dramatic
outburst against a question asked
of a grand juryman by Attorney
Corinell, and received a severe ad
monitron from the judge and a
crushing retort from? Attorney Ccn
nell. The judge angrily ' commanded
Mr. Thomas to "sit-down," and in
a threatening manner called upon
the clerk to hand him his docket,
hit rvfi ini9nvLhilf fixed sicnifl-
cantly upon the abashed Sir. Thom
as. Air. ionnen aaaea to me inci
dent by glaring at the interrupter
and saying: ' '
"Yes, sit down; if you' want to
say anything to nie sayf it Outside
the court room. I told you that
same thing once before at Red
Oak." , . ' , :
Manw nf th auditors anneared to
appreciate thejreference as a pointed
one for a titter ran around the court
room. v ' : ,
Mr. Thomas subsided. ' - .
Fnr ihn lim hiMnor til trial Of
The Bee was lost sight of and swal
lowed up in what threatened to be
come a sensational disclosure of
grand jury happening. . .
County Attorney anoiweu openea
the doors to the grand jry room by
rallinor turn of its itiemhers to testify.
and Attorney Connell for the Bee
wa1WiH in and attempted to tear
down the four walls. ' '
Attorney Shotwell wished ta, snow
by the grand jurymen that Reporter
Moore of The Bee, during his testi
mony before that body, had ad
mitted writing, or claimed to have
written, the article named in the in
formation filed against The Bee
Grand jurymen,-W. C. Hughes
and H. C. Noyes testified that
ctri till ir tftat Moore said he had eot-
ten the affidavits from the prison
ers Thorp and Morns, ana naa
"written the balance of he story."
The Significant Question.
On cross-examination, Attorney
r-vim.11 anrtinv the hombshell that
threatened to breach the watls of
jury secrecy. , '
You examined reporter woore
of TJie Bee, did you?" was the ques
tion iskrH of hoth inrvmen hv At
torney Connell, after they, had been
surrendered to him tor cross .ex
amination. "Yes," was the answer of both
jurymen. ,
And you examined the two pris
oners, Thorpe and Morris, who
1rit,nrf trt hiv iftn tif ilft MoOfft
as having- been seen by them in the
mob around the court nouse tne
night of the riot?"
' "Yes," was the answer of both
jurymen.
"Ah-h," said Attorney connell,
suavely. - "
In both cases he then eyed the
witnesses sharply for a moment,
shook his eyeglasses at them, and
in a voice of thunder demanded:
"An4 AA vmi ab thnca turn tinvs
If they had seen anybody else
around tne court nouse aunng ww
riot;' did you ask them if this one
man, Moore, a reporter for The Bee.
was the only man they ha,d seen and
recognized;! did you make any in
quiry at all to ascertain whether or
not out qf the hundreds present they
had recognized anybody else? If
you didn't, then' why did you ask
Ts Fortify tha System Afalnst Crip.
Ttk LAXATIVE BKOMO QUIS1NK Tibleti.
which deitroy imil, uiti a Tonic and Ltis
tlrt, and tliut piavent Colda, Grip and Influenza.
Thera la only nnai "BBOMO QUIVINI.'V B. W.
GROVE S signature on tile box. 'Mc.
MADE to ORDER
Good Clothes
You have the sat
isf action of know
ing you look alto
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times when your
clothes are tailor
ed the Nicqll way.
For Nicoll tailor?
ing gives' that dis-1
tinguished look
that marks the
successful man.
Yetx)ur prices are
not high.
Suits and Overcoats
$50 $55 $60
and upwards.
The assortment of
fabrics is at its
best right now.
NICOLL The Toilot
WSJerrexns' Sons
209-211 South 15th St.
1 1
them only about this man Moore
alone, and why didn't you try to find
out it these boys had seen anybody
else that ought to have been " in
dieted?" ,
Attorney Shotwell was on his feet
On the instant. .
He objected on the grounds that
an answer would betray workings
of the grand jury that -.came within
the prohibition of the statute, and
on the further ground that the
question, as one-on cross examina
tion, was outside the limits of the
direct examination,
Opened Door Himself.
"But you opened the door your
self," retrted Attorney Connell.
"We now have, a right to ascertain
further facts referring to those
brought out on direct examination.
You opened the doors yourself, and
let the bars down."
"Well, we'll have, to put them up
again," said the county attorney.
.Judge Redick sustained the ob
pectton as being one that exceeded
the limits covered by the direct ex
amination. Grand Jury Discharged;
t Report Filed Today
(Contlmwd From Pa- Ona.)
nesses, nor tell anyone by what vote
any person was indicted.' This is
the law."
Presented Without Ceremony.
District Judge Day was the 'only
other judge present when the final
report of the jury was made. Judge
Redick had remained at his office
late in order to receive it. Janitors
were already at work mopping up
the hails of the court house. The
bailiffs had gone home.
The report was received without
any ceremony. Judgs Redick will
file it shortly before 9 o'clock this
morning in the district clerk's of
fice and itt'eontents will then be
come public.
It covers about 20 typewritten
pages and deals with many depart
ments of county and citv govern
ment, suggests legislation 'and vari
ous other, reforms. It also gives a
complete resume of the work done
by the present grand jury.
Some "sensations" are also looked
for but this is conjecture only.
The jury was corffposed of the
following men: " ' .
John W. Towle, foreman of grand
jury, 3602 Pacific street, president
Omaha Structural Steel works.
Clarence J. Anderson, 2907 Bristol
street, printer, Beacon Press.
Adolph Benson, 2570 Pratt street,
carpenter.
Harry . Davis, 3203 Potter street,
farmer.
Heny W. Dunn, 3611 "Mason
street, former chief of police.
William F. Gray,. 3820 North
Eighteenth street, chy. employe.
Charles E. Hall, 3319 Harney
street, department manager, Ne
braska Telephone company.
HIND EN BURG
GIVES KAISER
A CLEAN BILL
Also Asserts People and Gov
ernment Were Against Con
flict as Vulnerability of
Homeland Known.
(ConUnnsd From Pare On.)
scribing as experts what the ef
fects of the submarine war would
be. These reports were unusuallV
clear in their warnings.
America Sentimental.
HanieFs report was read first. In
it he said "America, despite its busi
ness sense and its English, and to
some extent French ties, was at
heart sentimental, and that number
less Americans with whom he had
talked were agreed that if Germany
begsn U-boat warfare they would
go to war, whereas if Germany
teased it they would compel Eng
land to remove the blockade. Anv
relaxation of Germany's, promis.es
made in 1916 meant war with
America, in the opinion of all in
telligent Germans in America, said
the report.
National feeling had grown enor
mously and America, already on the
side of civilization, feared the
U-boat danger less than it wanted
to be on the side of the .entente.
Herr Haniel was firmly convinced
that war with America would re
sult from U-boat warfare, after
which America's supplies of money,
material and food would be enor
mous. (
Secretary Albert reported more
William F. Hoch, 4506 Ames ave
nue, farming and teaming.
William C. llughes, 4016 Grand
avenue, clerk Union Pacific rail
road. Olaf Johnson, 132 North Thirty
seventh street, car repairer, Union
Pacific'railroad.
Robert Lecky, 4211 Crown Point
avenue, chauffeur, Loose-Wiles Bis
cuit Co.
David L. Morgan, 3309 Sherman
avenue, automobile broker,
Claire R. Nelson, 415 North Thir.
tieth street, real estate, Payne-Slater
Co.
Hiland B. Noyes. 2021 Wirt street,
president Noyes-Killy Motor Co.
J. J. Smith, R. F. D., Florence,
farmer.
Jake Williams, 580S Erskine
street, gardener for A. L. Reed.
The session of the grand jury
just closed, is by all odds the long
est grand jury session ever held in
Douglas county.
stroagly even in his communication
of November 6, 1916, when the U
boat warfare had not yet been
agreed upon and there had been no
question of recalling the boats.
In the testimony, General Luden
dorff saidsthat the high command
first refrainsed from beginning the
U-boat campaign because the chan
cellor at that time feared an at
tack by Holland and Denmark, ow
ing to the pressure of Great Britain
and there were then, no troops to
meet new enemies.
The high cemmand was skeptical
regarding President Wilson's peace
move, but expressed approval of this
and also approved Germany's peace
move and endeavored not to thwart
political peace steps. He had al
ways 'regarded Count Von Bern
storff's activities as unsympathetic.
He believed that Von Bernstorff had
not furnished the chancellor with
correct .information. This impres
sion was strengthened -when , Von
Bernstorff told the commission yes
terday that America could only have
been held aloof from the war by en
trusting President Wilson with the
role of intermediary for peace,
whereas, Ltidendorff pointed out,
this was not mentioned in Von
Bernstorff s' reports.
Moreover, Von Bernstorff's state
ment that his visit to Ludendorff's
headquarters was accidental was un
true, the witness said, as he had
asked to be received.
Former Chancellor Von Bethnian
Hollweg declared that with refer
ence to the sixth question, there
was no contradiction in his declara
tion and Ludendorff's book, inas
much as he, jointly with Herr Zim
merman, on receiving Von Bern
storff's report asked Admiral Van
Holfzendorff (former head of the
naval general staff) to defer unre
stricted submarine warfare, but Von
Holtzendorff had replied that this
was impossible. The chancellor
therefore considered the matter
settled.
Double hinges in the ankles of
new shoes for athletes afford addi
tional flexibility without impairing
their support.
nta Twirpaii?
Boston
Garter
Immediate Delivery
on Special
v..?.--.." ' , '
Cadillacs
1 We have just secured the foDowing described
especially decorated and equipped Cadillac Cars in ad
dition to the large number of standard cars already sold,
but some of which have not as yet been received for
delivery.
These beautiful and very distinguished cars are for
immediate delivery and can be seen now at our sales
room, Farnam Street at 26th.
t "
One Touring Car, trimmed in a special
brown Spanish leather. Body painted
Hawaiian Russet,
One Touring 'Car, painted Dustproof
Gray and upholstered in Gray Spanish
leather.
One 4-passenger, painted Napier Green.
Upholstered in standard black leather.
'One 4-passenger, painted Submarine
Green. : Upholstered in standard ( black
leather. -
Two . Roadsters. One painted in Ma
roon' color with standard black leather
upholstery. One painted Hawaiian Russet,
upholstered in brown Spanish leather.
' Call and inspect these beautiful cars. This is the first
time in months that we have been in position to offer special
cars, or in fact any Cadillac cars at all, to the Omaha public
for immediate delivery.
This special shipment won't last long.
, Better Come In Now!
J. E Hansen Cadillac Co,
Omahw
k a
Lincoln
rassengers Held Up
By Fugitive Convict
(Continued From Tar Onr.)
tory. Carlisle sawed his way out of
the box after it had been delivered
at the Union Paclffc freight depot at
Rawlins.
Other train robberies accredited
to Carlisle were: February 5, 1915,
Union Pacific near Corlett Junction,
Wyo'i February 9, J916, Union Pa
citic train No. 16, near Green River,
and March, 1916, .Oregon Short
Line, near Roy, Utah.
Carlisle lived for a time in Denver,
Colo. where he conducted himself
as a man of means. '
Rubber obtained from a species of
factory has been established in Eng
tree growing extensively in Natal
has proved so satisfactory that a
land to refine it.
THOTiPSON-BEI DEN
& COMPANY
A
LL the Things '
a Baby Needs
Quilts Of silks, plain or
embroidered in dainty
colors.
Sleeping Bags To be
used in the carriage
these cold days.
, Kimonos Both long and
short, in crepe de chine
and flannelette, white.
or in colors.
Flannelette sleeping gar
ments in a number of
styles; come in white
and colors.
Gowns Of white flan
nelette, in sizes up to 2
years, are priced $1.25
and $1.35. .
) Second Floor.
A Number of
Neckfixings
Organdy collar and cuff sets
and separate collars with the
airiest of ruffles, polka dotted
or embroideries and laces as
trimmings.
Very prim pique sets and col
lars, effectively tailored.
Vests and vestees or organdy,
pique and net, showing both
the high-collared effects with
jabot ruffles, and the low
necked, roll-collared styles.
Material by the yard may be
had for all these styles, wider
rufflings, with narrow banding
for the cuffs.
Marabou sets, some with ef
fective touches of ostrich, are
quite reasonably priced.
Underwear
For Women
Cotton fleeced vests, with
high' neck and long sleeves,
have ankle length pants to
match, and are priced $1.50 a
garment; extra size, $1.75.
Fine ribbed cotton union suits,
in various styles, are priced -$2;
extra size, $2.25.
Mercerized union suits, a beau
tiful quality; come in flesh
color and white; low neck and
ankle length. They are Sterl
ing suits and quite exceptional
for $5.
Sacond Floor.
Belding's and Has
kell's silks sold here
exclusively in
Omaha.
EVERYWOMAN SALE
Wonderful Millinery Values
i
Trimmed Hats for
$1.50, $4.40, $6.65, $8.80,
$10.55; $14.85
BANDED HATS
$2 and $3.65
UNTRIMMED HATS,
WEDNESDAY, $1.95
FANCY FEATHERS,
, 39c, S9e, 99c
Millinery Department Fourth Floor.
(I v;inbrr;onder
land f brilliant
SFjnsI.i6ieandcelr
mil
AMI mm
C III Ui nfCSSSSBS
Tho warm and dry desert air of
Southern i4ri;ona invigorates
AW winter you may live in the open
Ffne motor roads lead to scenes
that charm. Deep canyons,
high mountains, sunlit mesas,
and vast deserts
Noted winter resorts of Phoenixl
and Tucson. Castle Hot Springs
and Chandler. TheflpacheTrail
combines desert and mountains)
Winter Excursion Fares
Arljon. nfl N'aw Maxlra Reeklea." ! elhar raaort booklata. an Mqo.it,
lt tha loeal tlckat afant halp plan your trip or apply to the ncaraat Conaoll
datcd Tlckat OKlct-or eddrcaa naaraat Traval Bureau, Vnlied Statai i Railroad
Admlnlatratlon. U Tran.portatlon Bld, Cblcajo; 141 Llbarty BU New Tor
CUT I 101 Healay Bldf., Atlanta. Oa.
CONSOLIDATED TICKET OFFICE,
1414 Dodge St., Omaha, Neb.
UNmD-SlAJES 'lUlUtADMlNlSTRAnON