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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 20, 1919)
THE BEE: OMAHA. THURSDAY. NOVEMBER 20. 1919.
EDITOR OF BEE
!S HELD GUILTY
Vindication of Paper's Fight
Against Police Inefficiency
By Grand Jury Comes
' (Continued From Page On.)
carried on by the worthy successor
of his name."
Quoting from the words of the
i late Edward Rosewater in a case
; before the supreme court, Nebraska
reports 47, Mr. Connell read:
'"The court should be chary in the
exercise of power whose abuses
might tend to cripple the power ot
the press. The press has a sacred
duty to perform in many matters,
an-, for the faithful performance of
its duties it will be. held to a strict
account before the great tribunal
"The principles for which Edward
Rosewater stood, and for which the
present editor and successor to this
magnificent monument to fearless
ness and uprightness stands, are ex
emplified in the words to be found
in bold type at the head of the edi
torial columns of The Bee 're
spect for the law and maintenance of
order; pitiless publicity and con
densation of inefficiency, lawlessness
and corruption of office; and incul
cation of Americanism as the true
basis of American citizenship.'
Burn the Constitution.
"Hf these be not good principles
for a newspaper to stand for." de
clared Mr. Connell in a voice of
thunder, "I am asking in all fairness
where you will find good principles?
If they are not good principles to
live and be guided by, then we might
as well dump the declaration of inr
dependence in the waste basket and
burn the constitutions of the United
States and the state of Nebraska."
Other Papers Not Prosecuted.
The allegation that other papers
have published articles which, he
iclafmed, were as highly contemptu
ous if not more so, under the inter
pretation of the law, than had been
the one published in The Bee, was
made by Attorney Stanley Rose
water in his argument in rebuttal
to the county attorney, and also was
recognized and acknowledged by
the judge, who said, however that
the stories in the other papers com
plained of, had not been brought
to his official attention, and a couple
that he had examined,, notably one
in the World-Herald, had not im
pressed him as coming under the
purview of the law.
"Preceding this article In The
Bee," said Mr. Rosewater, "there
were written many stories in Hhe
other papers containing insinuating
articles against Mr. Moore. The
fact that they were aimed at Mr.
Moore was not more apparent than
was the clear intention to hit at
The Bee. These insinuating articles
declared that Mr. Moore was a re
porter for The Bee, and that he
had the duty of going after the po
lice department, and that he had
To Cur Cold in On Day.
Take LAXATIVE BROMO QUININE (Tab
lets.) It (tops the Cough and Headache
and workt off the Cold. E. W. GROVE'S
signature on each bax. SOc.
carried gasoline to the court house
the night of the riot. In fact, in one
of these papers alone, there was a
column and a half of matter about
Mr. Moore. ,
State Not Interested.
"It seems to me that if the state
was so very much concerned about
publications in the newspapers, it
would in all fairness have taken
into consideration these articles.
"If this story in The Bee was
in contempt then the stories in the
other papers were in contempt.
"In the publication of what ap
peared to be a vindication of Mr.
Moore, by printing those two affi
davits attesting the manner in
which they .had been obtained
through pressure by the police, the
Bee was only protecting itself. It
was simply defending its own name,
attacked under guise of an attack
upon its reporter, and giving a
'square deal' to its reporter and both
sides of the case to the public
Why Pick Out The Bee?
"Why pick out The Bee?" de
manded Attorney Rosewater; "were
not the others equally guilty of con
tempt? The matter looks too one
sided when the other papers are not
stopped. Then, after the other pa
pers had printed one side of the
ease, why stop The Bee from pri t
ing the other side?
"Under the construction of the
law as laid out, it would appear that
we5 are approaching a time of indi
rect censorship in which a newspa
per can publish hardly anything
concerning a case, in those cases
coming under the interpretation ot
'pending' before a cpurt.
"How long must a case be hang
ing in court before it will be consid
ered to have passed the stage of
nendine? Some cases hang over!
for months, and some for years.
Must the paper be barred for these
years from commenting on a case,
and throwing the light of publicity
upon acts which' are wrongful, and
which it has discovered, and which
possibly it alotae could discover
through its many facilities?"
The fact that same of the deci
sions cited by Attorney Shotwell to
support his contentions were based
upon statutes which had been
changed afterward was brought out
by Attorney Rosewater, and ap
peared at one moment to overturn
the case made out by the prosecutor.
Attorney Shotwell had quoted de
cisions in Illinois and Ohio to up
hold the contention that publication
of such matter as was contained in
The Bee article "pending" publica
tion had resulted in verdicts of
guilty in contempt cases in those
Attorney Rosewater took up the
two cases in his reply and showed
that in the Illinois case the decision
was based upon a statute that after
ward was changed in order to pre
vent a future similar decision and
that the same thing was done in the
One Ray of Light.
One ray of light in the darkness
that appeared to be approaching the
newspaper situation, if the decision
of the court were not reversed by
the higher courts, and were carried
out, appeared in the words of one
of the decisions read by Attorney
Shotwell in support of his conten
tion. This decision was the one an
nouncing that the liberty of the
press was subordinate to the inde
pendence of the judiciary, but re
stricted the inhibition of the press
to "pending" cases and exempted
those which were on trial, also ex
empting comment of all trials in
The decision read:
"A newspaper may publish a fair
report of the testimony in any case
on trial, even though it be prohib
ited from so doing by a court."
How About Other Jurors.
"How about the other 14 grand
jurors who might have heard what
Mr. Moore said in the grand jury
room, and who were not called,
after two of the grand jurors for
the defense had controverted the
testimony of two grand jurors for
the prosecution?" demanded At
torney Connell.' in discussing: that
phase of the case. "Two of the grand
jurors, one ot tnem wun wnai ne
called a 'wonderful' memory, testi
fied to words they said Mr. Moore
used in the grand jury room, but
neither of these two grand jurors
agreed exactly upon what words he
had used. -Two other grand jurors
were called and these testified to
something entirely different. Now,
there were 14 other jurors in that
room. They were within call of the
county attorney just across the hall,
and under his jurisdiction. He could
have called them. At a moment of
such importance, why did he not
call those other 14 men and get the
matter cleared up? How did it come
about that only those two particular
grand jurymen were called, and that
the state ceased its efforts when the
defense had gotten two others who
denied their statements?"
Were After Rosewater.
Continuing, Mr. Connell said that
the whole basis of the prosecution
was an attempt to get" Mr. Rose
water. t . ;
He is the chief subject in this
whole controversy, charged the at
torney, 'and is the cause of this
prosecution. There has been an at
tempt to prevent Mr. Rosewater
from publishing these articles exDos
mg the alleged conditions in the
police department, and from con
ducting his paper in the interest of
the public, by exposing to the public
those things about which they
snouia nave knowledge.
Contempt in Dark Ages.
Beginning his argument for the
defense, Attorney Connell said:
"There has been a continuous ad'
vancement from the dark ages, when
a man accused of contempt of a
court was immediately tried, con
demned and taken out and ham
strung or burned. We have de
veloped from that time. Along with
thi development of man has come
a development of the rights, of the
jn x can see in tnis case is a
far-fetched conclusion, that some
mar among the 200,000 or more peo
p'e in Douglas county might read
this article, and at some future time,
and stretchinp- possibly into months.
might possibly be called as a juror
and be influenced by the article he
had read. How long is a case to
'pend' in court before a newspaper
car handle it? Some cases pend
10 or 12 years. The constitution of
tin state of Nebraska and of the
U.iited States guarantees the free
dom and liberty of the press, mak
ing it responsible only for the abuse
of its power."
Property of Court.
Summing up thecase in announc
ing his decision, Judge Redick said:
"A case pending in court is the
property of the court and no out
side agency, including a newspaper.
has a right to try that case.
"So far as this proceeding is con
cerned, the question here is whether
or not this article, regardless of any
question of libel, has a tendency to
impede the court in carrying out its
function of determining causes
pending before it at this time. It
may be libelous nd it may be very
suave, or it may call a spade a spade,
but the question is, can it impede
this court in the exercise of its con
stitutional authority? The question
is the property of this court while
it is pending.
Considered Case Beforehand.
4 Dismissing the charge against Re
porter J. H. Moore, the court said:
"In announcing the determination
of this case I will take occasion to
say that the defense has rested un
der the disadvantage, which I have
already, mentioned, that before in
structing the county attorney to file
the information of contempt I had
looked up the authorities and
formed the opinion as to what con
stitutes contempt, and that this case
came under that charge."
Preliminary to announcing the
dismissal of the charge against Mr.
Moore the judge said:
"I think the articles entirely un
justifiable, and inspired by a desire
to attack the police and Captain
Haze, but in so doing it steeped
beyond the line of defense allowed
the man under indictment. In the
evidence, however, I find a conflict
of testimony between two of the
grand jurors, and that of two other
grand jurors. Despite this, I was
last night prepared to find Mr.
Moore guilty, but the testimony he
gave in his own defense on the
stand today has moved me to con
clude that the evidence against him
is not satisfactory, and therefore the
proceedings against him are dis
missed. Holds Editor Rosewater.
The Bee, however, as a publishing
company, has admitted the publica
tion of the article, said, the judge,
and therefore must be held.
In the case of Editor Rosewater,
said the judge, the decisions were
many that the editor of the paper
is its responsible head, and must be
held liable for the cast' of his sub
ordinates. Whether or not Mr.
Rosewater knew of the news arti
cle before it was published made lit
tle difference, and if it did, the fact
that he had'allowed continuous arti
cles along the same line to be pub
lished afterward indicated that he
had ratified the action of his subor
dinates. The court then announced that he
would hold Mr. Rosewater, and was
prepared xo impose the penalty.
Attorney Connell asked that the
case go over until morning to give
him time to prepare argument for
an arrest of judgment.
"That is a new kind of a motion,
isn't it?" questioned the judge.
"It is merely, like a motion for a
new trial in other cases," said At
The judge then announced that
he had already made up his mind to
allow the attorney five days to pro
cure a supersedeas, for which con
sideration the attorney thanked him.
The case then went over until 9
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&5U THl PACE
V , POftCROWINC OMAHA
Editor Rosewater Volunteers
Testimony, and Case Is Ended
Attorney Stanley Rosewater, of
Rosewater, Cotner & Peasinger of
counsel for The Bee, shortly before
noon yesterday began the opening
argument for the defense, following
the closing of testimony, and the
opening argument of County Attor
ney Shotwell in the trial of ihe Bee
in the district court on a charge of
having committed a contempt of
court, and having attempted to ob
struct the administration of "jus
tice," by the publication in The Bee
of the revelation that, according to
the affidavits of two witnesses for
the state, Police Captain Haze had
been active in "framing up" untrue
charges against a reporter fori The
Bee, on which the reporter, J. Har
ry Moore, had been indicted.
Rosewater Takes Stand.
The closing of the testimony
came abruptly after Attorney Con
nell, for the defense, had placed on
the stand Reporter Moore, and Vic
tor Rosewater, editor of The Bee.
Mr. Moore was placed on the stand
to refute testimony to the effect that
he had written, or "may have" writ
ten, the story in The Beef Sunday,
November 9, on which the contempt
charge is based.
Mr. Moore denied that he had
written the story, and denied having
"claimed," or to having admitted, to
have done so. He was closely
cross-examined bv the county attor
ney as to how he had gained the
affidavits from the two state's wit
nesses, who had confessed to hav
ing perjured themselves at the so
licitation of Police Captain Haze,
and upon the promise of the police
caotain that if they would swear
against The Bee reporter he would
get them out of jail.
Mr. Moore testified that the first
news he had that tne witnesses,
Thorp and Morris, wished to con
fess their part in the unsavory af
fair was when he received a tele
phone message from the jail that
Thorp and Morris had asked an at
torney, who was in the jail visiting
another nrisnner. to notifv Moore
of what they wished to do and re
quest him to come and see tnem.
Later, said Mr. Moore, Deputy
Sheriff Lee also notified him that
the two witnesses had confessed to
certain facts regarding the activity
of the police captain in his case,
and wished to make a statement to
Got a Notary.
Mr. Moore stated that imme
diately upon receiving this infor
mation he first produced a notary
public and visited the two prison
ers, who made statements which
were taken down by the notary, in
which they confessed they had been
solicited and urged by Police Cap
tain Haze into making their charges
against Moore, further stating that,
as matter of fact, they had not seen
Moore in the crowd of the court
house riot, and as further matter of
fact had never even seen him at all,
or even heard of him, until the day
they were stationed in an office by
Captain Haie for the purpose ot
getting a look at Moore when he
came into the room on a "trick"
message sent by the captain to en
tice hira to the room.
Wanted Affidavits Kept Safe.
Moore stated that on getting the
affidavits he handed them to
Managing Editor Kennedy of his
paper with the request that they be
kept in a safe, doing so because the
managing editor was chief of the
department in which he worked, and
because the further fact that he had
been indicted through his employ
ment on the paper connected the
prper in interest with him in the
affair and made the paper a party
thereto, and it was eminently1 proper
and inthe natural order of things
that he'should, therefor, confer with
the managing editor over the mat
ter. He stated that he made no re
quest that they be published, and
that the conversation with the
managing editor was short, the time
being near the lunch hour, and the
managitfr. editor going out, he him
self leaving the office later, and
not seeing or conversing with the
managing editor until after he had
seen the publication of the affidavits
in the paper. " f
County Attorney Shotwell sought
to get an admission on cross ex
amination that Moore knew, or must
have known that the affidavits were
going to be published, but the wit
ness stuck to his statement that the
conversation with the managing
editor was short, as stated, and not
continued later in tfye day.
Rosewater Volunteers Testimony.
Editor Rosewater was placed on
the stand to show that he had had
no cognizance of the news story in
question, and that in the ordinary
course of the day's business in The
Bee's local news room such a story
would- not be brought to his atten
tion. On cross-examination County At
torney Shotwell attempted to go
into the question of who wrote the
editorial "Stop I Look I Listen," pub
lished after the story.
Attorney Connell objected to this,
as not coming within the range of
subjects opened up by the direct
After considerable argument Judge
Redick sustained the objection.
Attorney Shotwell then attempted
to question the editor about an edi
torial squib of November 8, prior to
the publication of the "contempt"
story, which squib read:
"Our grand jury makes a mis
take when it permits itself to be
manipulated by the discredited po
lice department in pursuit of per
"Did you write that editorial?"
questioned the county attorney.
"I did," said the witness.
"Stop. Wait," said Attorney Con
nell. "I want the answer stricken
out. The witness answered before
I could get in an objection, and I
object on the ground that it is not
cross-examination, and that I have
a right to warn the witness that he
has a constitutional right not to
answer the question if he so de
sires." The court admitted the objection,
and Editor Rosewater then said he
wished to consult his attorney be
fore availing himself of a constitu
tional right to refuse to answer a
The judge permitted the con
sultation, after which Mr. Rose
water again took the stand and said
that he had in fact written the edi
torial. Sought to Indict Editor.
He was asked if he had written
it in reference to the Moore case,
and replied that he had not done so.
"I wrote it following a conver
sation I had with Sheriff Clark at
the jail." said Editor Rosewater,
"in which we had taken up various
phases of the police activity in con
nection with the work of the grand
jury, and attempts to get an indict
ment against me."
Editor Rosewater then testified
that on the evening of the publica
tion of the, editorial he had attended
an entertainment, at which Judge
Redick himself was present, and had
remained there until The Bee had
gone to press.
Mr. and Mrs. Judson Return
From Christening Ship
Mr. and Mrs. Frank Judson re
turned from Wilmington, Del.,
where Mrs. Judson christened the
ship, "City of Omaha,' with a bot
tle of real champagne. Mr. Judson
says that 20,000 people witnessed
the christening of the ship.
Identify Rescued Woman. '
Chicago, Nov. 19. The identity
of the Mrs. Mary Duke," who was
rescued from Lake Michigan three
days ago, today had been cleared
up. She was identified by Theodore
MacHold of St. Joseph, Mich., as
his mother, Mrs. Mary MacHold of
El Paso, Tex. Mrs. MacHold had
been missing since July, her son
To Heal Couth.
Tk HATES' HEALING HONEY. S5o per bottle.
ON REPORT OF
; THE GRAND JURY
LButler Blames Council for
Governor's Police Probe Or
derLire Firm On Pres
ent Station Site
City Commissioner Butler stated
that the grand jnry report, referring
to lack of leadership during the
afternoon of Sunday, September 28,
at the court house, justifies his con
tention that the city 'council should
order a public investigation, as pro
posed in his resolution, which will
be brought before the city council
for action Thursday morning.
"You will recall that my resolu
tion provided for a public hearing
at which the governor's representa
tive should be permitted to take
part," said Mr. Butler. "This reso
lution was laid over until the grand
jury report was received. If the
council had adopted that resolution,
it would not have been necessary
for Governor McKelvie to have
written his letter last week to the
mayor and city commissioners.
Favors Open Hearing.
"This hearing should be held and
it should be open. Let us know
what the facts and the truth are and
place the blame, if any, whpre it
belongs. I am going to insist
Thursday moVning that the council
adopt my resolution. Where would
we get with a secret investigation
of this kind?"
Mayor Smith was told of the ton
tents of the grand jury report with
reference to the police at the court
house and he was asked to express
his opinion. j
"I wish to read the entire report
before I comment and when I have
read it I may not make any com
ment," the mayor replied. "As I
stated before." he added. "I have
asked for reports from every mem
ber of the police department.
He added that he arrived at the
Harney street side of the court house
as early as S p. m., on the Sunday of
Will Call for Reports.
"I have directed Chief of Police
Eberstein to have every member of
the police department send to me
this week a written report of his
whereabouts and actions on Sunday,
September 28, from noon to mid
night," the mayor said. "When I
have received all of these reports, I
will hand them to Mr.. Wilson, the
governor's representative, whom I
expect to be in Omaha this week."
Commissioner Ure asserted that
he would not make any comment of
the grand jury's reference to the po
lice department until he shall have
read the entire report.
"As for the recommendation of the
grand jury, that the new police sta
tion should not be located at the
present site, I would state that I
don't believe that I will be influ
enced by the grand jury in that
matter," Mr. Ure said.
Police Raid Alleged
Fan-Tan Game and 15
Chinamen Are Caught
Detectives Troby, Bolar, Haze
and Danbaum broke up an alleged
name of "fan-tan" vesterdav after-
! noon just when it was getting in-
teresiing ior to tnuicse in ine groc
ery store of Sam Gwong, 122 North
Twelfth street, and arrested Gwong
and his 14 companions.-
Most of the alleged gamblers live
in the grocery store. Ax Sing, Long
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A neglected cold at this time
of year may develop into a
serions cough or long trouble.
Father John's Medicine treats
colds in the natural way, by
giving each organ strength to
resume its normal work. Re
member, you are safe when you
take Father John'i Medicine,
because this old-fashioned
family medicine contains no
alcohol or dangerous drugs.
60 years In us
When the body begins to stiffen
accJ moverrient becomes painful it
it usually ar. indication that tha
k:dnys arc out of order. Keep
these organs healthy by taking
rh world' standard remedy for kidney,
ttver, bladder and uric acid troubles. .
Famous litjee J 698. Take regnlarl; jx!
keet in food health. Id three size, sll
druggist. Guaranteed as lepretented.
Leek let the name Cold Medal em every Beat
ad accept or imitattet
b annoying and harmful. Relieve thro
irritation, tickling and get rid of coughs,
colds and hoarseness at once, by taking
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