Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 20, 1919, Page 2, Image 2
y t THE BEE: OMAHA. THURSDAY. NOVEMBER 20. 1919. EDITOR OF BEE !S HELD GUILTY OF CONTEMPT Vindication of Paper's Fight Against Police Inefficiency By Grand Jury Comes k' Simultaneously. ' (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 of mankind." "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?" Statutes Changed. 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 states. 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 Ohio case. 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 progress. 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 press. 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." Dismisses Moore. 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 torney Connell. 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 this morning. Announcement Extraordinary- For over a year we have been quietly investigating the various makes of dress patterns with a view to improving our pat tern service. As a result of our investiga tion we decided that we would serve you best by off ering the justly celebrated Ladies Home Journal Patterns These patterns depict all that is newest and best in both American and Parisian fashions. They are the simplest of all pat terns and therefore the easiest to use. 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She will be glad to help you. &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 that effect. 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 examination. 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 sonal grievances." "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 question. 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 said. To Heal Couth. Tk HATES' HEALING HONEY. S5o per bottle. Adv. MAYOR SILENT 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 the riot. 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 BERWICK-lYi in. - GORDON VMn. Arrow JowijfitClOLLARS curve cuttojitshouldm perfectly. CLUETT PEA BODY &CQ:MCUktrs Sure Relief 6 Bell-ans Hot water Sure Relief RE LL-ANS lbs? FOR INDIGESTION Special Xmas Vocalioh Offer! I i'itiM M li PI ftlHB ''I 1 '"Ufi'll ' -Hi );? 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