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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 29, 1919)
THE BEE: OMAHA, SATURDAY, ; NOVEMBER 29, 1919. MURDER OF GIRL ON RIDGE ROAD , MAY BE SOLVED Authorities Confine Their Ef forts to Running Down , Clue That Body' Is That of Waitress. With all but one clue having been run down by the authorities in their . eftorts to discover the identity of v the mystery woman,' whose body was found in a ravine 14 miles north of Omaha November 20, detectives v . working on the case yesterday de ' clared their single hope of solving a.'-v the problem, which has attracted the , attention of the entire middle west T and baffled the police of a half dozen :' cities for more than a week, lies in - the probability that the dead woman mav have been Miss Alice Massette, " a waitress, who formerly worked in Omaha and Des Moines restaurants, . and whose parents are said to live in " Colfax, la. The body was identified at the . Gentleman undertaking establish ment several days ago by two ' women, who told the police they ; were sure the body was that of Miss Massette, their former chum and roommate. V Miss Massette was seen a few days before her disappearance in Louie Ahko's chop suey restaurant, Fifteenth and Harney streets, by , Waiters who claim to have known the girl, in the company of a former employe of the restaurant. j I Say Man Disappeared. j ' The woman s escort is said to - have disappeared the day following : the discovery of the body. f The man is said to have been her former common-law husband, and, according to friends of the gir avoided her company after marrying ' another woman. The jilted woman i also is said to have been extremely active in her efforts to cause her V former sweetheart grief and embar- , rassment. friends ot tne giri toia 1 the police, they heard the man threaten to kill her a half dozen v times, if she did not let him alone, 1 Detective! have been unable to , find any lone who has seen either the man or woman alive, since they ' dined in the chopi suey restaurant , together. This fact, together with the state went of the coroner's, physician at the inquest that there was chicken and chop suey in the dead woman's , stomach, which had been eaten less than an hour before she was killed, is taken to indicate that the couple ' left the restaurant immediately upon finishing their meal and the woman was murdered a-short while after t1 wards. It is believed all marks of identification were destroyed on the ".clothing, or perhaps the bodywas . given a complete change of clothing, 51 ; and later taken in ah automobile out ,-, on the Ridge rbad, hurled over the embankment into the ravine and the tnan returned to Omaha. - ' . Can't Locate Family. AH efforts of "the local authorities Attention of Judge Redick Is Called ' By Editor of Bee, to Other Contemptuous Newspaper Publications, As He Suggested ' At the opening of court yesterday morning Victor Rosewater present ed the following communication to Judge W. A. Redick: Omaha, Nov. 28, 1919 To Hon. orable W. A. Redick, Judge of the District Court of Douglas County: On behalf of myself and The Bee Publishing company, and also on behartf of the public and all who believe in "equality before the law" and that justice should b administered to all alike impar tially and without favor, I respect fully call your attention to four newspaper publications, which, ac cording to the recent ruling of your honor are clearly "contempts of court" and should be dealt with as such. ' . The publications referred to are , as follows: A World-Herald pub lication of November 7; a publi cation in the Daily News of the same date, and a publication by f'ohn W. Towle, foreman of the ate grand jury, November 17, in both the Daily News and World Herald. Publications Attached. poise? Would this -be "equality before the law"? Your honor stated from the bench in The Bee contempt case, that this article had escaped your V notice, and suggested that a proper way to bring it before the court would be by making a charge of . .contempt and filing it with you. Acting on your suggestion, I now avail myself of-the right to do so. to reach members of the dead girl's laniily in Colfax have proven of no avail. Messages sent by the Omaha police to tnc departments in JLin coin, Des Moines, Kansas City and Chicago seeking . the ' apprehension ot the fugitive waiter have remained , unanswered, according to Detective Chsct John T. Dunn. t ine man is saia to nave had a large amount of money when he hurriedly left Omaha without noti fying auy of Ins friends. His wife isi believed to be living in Kansas City, - Miss Massette is known to- have worked in the Douglas cafe, 1816 Douglas street, a few months ago. At one time, it is said; she was em ployed in the Harney street restau rant, Recently, according to- her friends in this city, she went to Des iioines and for awhile was em ployed there. She is said to have returned to Omaha and renewed her efforts to embarrass her for hier lover and his wife. The wait er's wife was visiting in Kansas City when the girl returned to this city, and he was seen several times re cently;with Miss Massette. They are said to have quarreled a great deal. . v Advances New Theory. , r John A. Gentleman, at whose un dertaking parlors, 3411 ' Farnam street, the body has been lying for the past week, advanced a new theory yesterday morning for the police to work on in the event "Miss Masette's identity is not established. Mr. Gentleman declared he recently buried the child of a woman named Mattie Gore, who had been living in Council ' Bluffs, and who also for merly lived in Colfax, la. f He de clared the father of the baby lived in Council Bluffs also and had re fused to marry the girl he wronged. .t Miss Gore is said to have made repeated efforts to prevail on the man to marry her, and when the child died she appealed to him1 to assume the responsibility fort its For the information otthe court, I attach said publications, marked respectively. Exhibits 1, 2, 3 and 4. As will be observed, the World Herald publication of November 7, which was two days before the alleged contemptuous publication in The Bee, makes direct refer ence to the then pending case of the State against J. Harry Moore, who it charges had been active in The Bee campaign against the city administration and had beenx indicted on the charge of conspiracy to commit arson. It proceeds to state what was set forth in he indictment and also the evidence which it claimed was given before the grand jury upon which the indictment was based. as follows: "Evidence on which the indict ment is based recited that Moore, in company with others, went from the court house to a gar age at Seventeenth and Daven port streets and filled two big cans with gasoline, Moore hold ing the nozzle of the filling tank. It was alleged further that Moore assisted in carrying the cans full of gasoline back to the court house." The article -then proceeded to state, that Thorpe and Morris, who were serving 90-day sen tences in the county jail, when confronted by Moore in the grand jury room, identified him', and. de clared they could not be mis taken in 'their identification. Quotes Statement Then follows this most prej udicial statement: . "Moore was the author of many of a series of sensational ar ticles attacking the city adminis tration and particularly Police Commissioner Ringer, which have appeared in The Bee from time to time. Numerous 'spreads' withdevious and dark imaginings, with- crude plots and vicious "charges veiled in them, have been credited to him." It will further be observed that' these publications in the World Herald. and Daily News not only were two days in advance of The Bee ouhlication.- hut were a direct attack on The Bee as well as its reporter, which prompted and jus tified the publication of The Bee article. r. Is it possible that The Bee and its reporter charged with crime must remain silent for weeks, months and perhaps for years while unbridled license is allowed to other newspapers to publish anything and everything prejudicial to The Bee and its ac cused reporter? I submit to the court whether :t is any less an offense or less an interference, with the .proceedings in a pending cause for a news paper to publish Statements im periling the liberty of a person ' accused of crime than it would be to make publication of a "frame up" by the police department of the city of Omaha. Is it an offense to make publica tion of the truth in behalf of an accused person and not an offense to destroy and take awav in ad vance the. defense of the accused ,8hd regardless of the truth create - a prejudice against him which would bring about his conviction without regard to his guilt or in nocence? Would this be holding the scales of iustice at an ?vpn EXHIBIT 2. Exhibit 2 is the article publish ed November 7, by the Daily News, similar to the one publish ed in the World-Herald of the same date. What has been said .with reference to the World Herald also applies to the article of the Daily News. EXHIBITS 3 AND 4. . Of all the palpable efforts to se cure by improper influence the conviction of an accused man, who at least should be presumed innocent until proven guilty, the doings and publication of John W. Towle, foreman of the late grand jury, are the most inex cusable and extreme. In the first place, by his own .admission, j he goes to the. home of Mrs. Warner and Mrs. Chase, the mother and grandmother of the boy Harold Thorp, with the manifest and deliberate purpose of influencing them to induce the boy to stand by the testimony given before the grand jury. In hisxattempted explanation as published , in the World-Herald and Daily News of November 17, he declares that his action in that behalf was two days before the article in The Bee was published, which he refers to as showing the falseness 6i the statement that he had attempted to indirectly influ ence the boys through the mother of one of them to, stick, to the "original story." ' .He fails to state, however, that his attempt to influence the boys to stick to their original story, as against , tjieir subsequent affi davit, was before they were v called before the grand jury to testify which of 'the wo state ments were true. Peculiar Coincidences. To say the least, it is a peculiar coincidence that the foreman of the grand jury should appear at the home of the mother of the iboy, Thorp, at this particular time. And it is remarkable that , at this particular time he turned over to the old grandmother the sum of $80 merely as an act of charity. Then, after doing this, as shown by his statement, he ,. reports the whole incident fb . your Honor, which I respectfully submit was an unjustifiable at tempt to influence your Honor and create in your Honor's mind a prejudice against The Bee, its editor and reporters, which in a measure fie succeeded in doing, as shown by the statement of your Honor on the bench during the trial of the contempt case against The Bee, that you were im pressed by what had occurred thsft the article in The Bee was a coh-- ' tempt of court at the time you ordered the county attorney to file the information for contempt I respectfully submit that this action on the part of John W. Towle was' contempt of court that should not be unnoticed. I further submit to your Honor that the published "statements of Jofin W. Towle in the World Herald and Daily News had dirert reference to the case of the State against J. Harry Moore, then pending in court, and was of a character naturally to create a strong public prejudice against the defendant, Moore, and pre vent him from securing a fair and impartial trial. In demonstration of the cor rectness of this contention that this action by John W. Towle was an attempt to thwart, hinder ftnd obstruct justice and the pro ceedings of the court in the case of the State against Moore, per mit me to call the attention of your Honor specifically to some of these statements. Mr. Towle stated, among other things, in both of his publications in the World-Herald and Daily News, that the story of his visit to the home of the mother of Harold Thorp , was "merely another attempt to cloud the issue as to the guilt of Mr. Moore, The Bee reporter." Is it not, under your ' ruling, 'contempt of court to assume and publish, to the world the charge of guflt of a defendant in a pending criminal action? , . . Accused Reporter. Then Mr. Towle, to give em phasis to the alleged guilt of Mr. Moore, making reference to those charging him with wrongful at tempting to influence the boys Thorp and Morris, stated as fol lows: "They induced the Thorp and .Morris boys to repudiate their original statement as to the guilt and identity qf Mr.' Moore and to accuse Cap:;! i Haze of having framed with them to testify false ly before tin? grand jury." It was further stated by Mr. Towle, as shown by his state ments furnished by him to the World-Herald and Daily News, as follows: "It was very apparent after hearing the conversation of the grandmother, Mrs. Chase, that a deliberate attempt was being made to have these boys pardoned and; immediately enlisted in the navy, , thus removing from the jurisdic tion of the court the state's wit nesses against Moore." Is it possible that this state- ' ment, jvhich has a natural tend ency to create a strong public sentiment against Mr. Moore and his defense, is not contempt of court and a . wilful attempt to thwart justice and obstruct Nthe proceedings in the criminal case against Moore which ' was then pending? Not only is the defendant, Moore, branded as guilty by Mr. Towle, foreman of the late grand jury, but it is charged that a de liberate attempt was being made to have these boys pardoned and immediately enlisted in the navy so they could not testify against him. ' Can any fair-minded person doubt or question that this un founded charge against Mr. , Moore, if believed, would result in his certain convictiofo? The Towle Articles. Mr. Towle in his articles for his own vindication and to pose be-, fore the public as a most just and generous man, says he "regrets that his wife has been brought into this affair." No one regrets more than I do that Mrs. Towle, whom I believe to be worthy and a most kindly disposed woman, c. that her . beautiful daughter should be brought into this affair, but who brought them in? I did not. Mr. Moore did not By John W. Towle's statements, he was the one that brought them into this case; he drove his wife at the ; suggestion of his daughter over to the home of the mother of Har old Thorp; she went up a dark stairway and disappeared; he then became uneasy about her and followed and became interested in what he directly characterizes as an attempt to thwart justice. I submit to your honor that Mr. Towle should be answerable for his own doings and sayings, and should not be permitted to cover himself behind some one. else. I do not wish to make any charge against Mrs: Towle, not withstanding her, participation in this matter as shown by her pub lished statement in the Daily r ......... iews, as i attrioute ootn her ticipation and published statement as inspired by her husband. Neither do I wish to make any charge against Senator Hitch . cock, editor-in-chief of the World Herald, notwithstanding the fact - that I have been fined $1,000 as editor-in-chief of The Omaha Bee for the publication of an article that was admitted by your honor Lnever wrote or had any knowl edge of its publication until after it was printed, for I knowSenator Hitchcock -was in Washington at the time of the World-Herald publications, and I do not believe in what your honor on the bench termed 'vicarious punishment." Insists on Action. I do submit and insist, however, that your honor should take such action, both in regard to the do ings and publications of John W. Towle and also the World-Herald and Daily News in making 'such publications, as will protect a de fendant charged with a criminal ' offense. Respectfully submitted, VICTOR ROSEWATER. burial. This he also refused to do, it was said. , . , . Mr. Gentleman declared a erirt named Johnson of Council Bluffs or Omaha was a friend of the wnman and he would attempt to locate her in the belief that she will he ahti. to throw some light on the where- aDotus ot miss Gore. Relief 6 Bell-ans Hot water Sure Relief I LL-ANS FOR INDIGESTION Childron'sCoughSt may be chttlwd ml mors serious) condition of the throat often will bo avoided by promptly giving the child a dose of sate m S'S Memory Expert Guest of Kiwanis Club at Luncheon Fifty-two members of the Kiwan is club were present at the weekly meeting of the organization at the Chamber of Commerce yesterday. A feature of the meeting was en tertainment furnished by Dr. J. C. York City. Ctirren. memory expert of New Dr. Curren was told the names of tht members at 12:15, just before luncheon was served, and at 1:30 he picked out each man, calling mm oy name. -Charles McDonald, county com missioner, delivered a short address on county affairs. Father Seeks Children. .,. . David Fowler, seeking to get the custody of his five children from his former wife, testified before District Judge Wakeley that she has not been true to him. Mr. Fowler sued his wife for a divorce two vears cn in the local divorce court. She filed a cross-petition and Tudoe Da .awarded her a divorce and custodv of the children. Twice Married Woman Asks Divorce. Charging Cruelty Lucile Clark was married twice to Fred Clark,' but she sued him for a divorce yesterday in district court, alleging that he frequently struck her and threatened to kill her. She says he married her October 26, 1906, giving his name as Fred Re?d. Several years, later she says she discovered that his real name was Clark and they were remarried under that name on the 11th an niversary of their first wedding, October 26, 1917. She asked the court for an order restraining him from drawing $2,050 out or the Union Mate bank, this amount being their joint savings, she says. Ihey live at 419 North Fifteenth street. 13 Nations to Meet Monday To Form League of Nations Brussels, Nov. 28. (By The As sociated Press.) Representatives of France, England, Italy, Belgium; Switzerland, Holland, Sweden, Nor way, Portugal, Greece, Poland. China and Japan will meet here on December 1 to discuss the adoption of measures and suggestions for the establishment and functioning of the league of nations. AMERICAN BORN WOMAN ELECTED TO PARLIAMENT Lady Astor Defeats Closest Opponent in British Election With Ma- . jority of 5,000. Plymouth, Nov. 28. Lady Astor, American-born wife of Viscount Astpr, was elected to Parliament from the Sutton division of Ply mouth in the balloting of Novem ber IS. The result was announced after a count of the ballots here this afternoon.' v v The vote stood: - " - Lady Astor, unionist, 14,495. W. T. Gay, labor, 9,292. Isaac Foot, liberal, 4,139. Count Began Early. The ceremony attending the count ing of the ballots beean in the his toric Plymouth Guild hall at 9;30 o'clock. Lady Astor's ohilanthronir en deavors here durinsr the last 10 vears 1 brought her considerable support, as ' wen as nerv espousal ot anti-liquor legislation, which won her a larire vote among the women. She drove about the constituency on a speech- maKing lour aiternoon and evening. ine campaign attracted wide at tention, due in laree measure Lady Astor's nationality, her uncon ventional electioneering method and her barbed -and witty replies to questioners. Mrs. Lloyd George and other prominent political personages spoKe in ner oehait. . . .., Succeeds Her Husband.. Lady Astor became a ranrlirlat after the death of Viscount Astor o never Hall and left her husband neir to the title and necessitated hi retirement from the lower house of rarnament. , i-ady Astor, who was formerly miss canine Langnorne ot Virginia, is the mother of six children, a fact or wnicn sne ooasted on one occa sion during her canvass. First Woman in House. Lady Astor will be, the first wom an to take a seat in the House of commons. Countess Markievicz was elected a member from St. Patrick's division Ot Dub in in the c-eneral election last year, but with the other Sinn Fein members elected in Ireland, has never taken ner seat v ihe vote, showinar Ladv Astor to have a majority over all of 1,064 and a plurality of 5,Z03, compares with the majority of 8,269 and the plurality of 11.757 obtained bv her I 1 f 1 1 r nusDaua, men Mai. waioori Astor. at the last general election. Oay, then also tne labor candt date, received 5,334 votes in that election to 17,091 for Major Astor, while Capt. S. Ransom, the liberal candidate, received 3,488 votes. Crowd Cheers Result. The announcement of Ladv As tor's election was greeted with cheers by thousands of people in front of the Guild hall. Lady Astor, garbed in the black mourning which she wore through out the campaign, went to the Guild hall while the counting, was- in progress, accompanied by Viscount Astor and Lady Cynthia Curzon, a daughter of Larl Curzon. She said she was deeply grateful to the elec tors, t Mr. Foot remarked that Lady As tor's return was due to her remark able and deserved personal popu larity. Lady Astor will take her seat Monday next. Scores of prominent members of Parliament, anticipat ing the result, had requested ithat she allow them to be her sponsors. A new member is always escorted into the House of Commons by two sponsors. Lady Astor's Statement. Lady Astor later issued the fol lowing statement: "Although I cannot say 'the best Noted Traveler of England Back After Long Trip to Arctic II r,xw If ntx. wl ' ! I rMrv v$ ri jf I W III m TWO WIDOWS OF KELLOGG WANT ESTATE CLOSED Second Woman' Appears in County Court, Claiming To Be Legal Wife of , Dead Man.' . Sir. Ova.Iotf Caaterertf. Mrs. Charlotte Cameron. F. R. S., noted English author and trav eler, recently returned from Alaska and the Arctiq regions after an ex tended exploring trip there. Mrs. Cameron spent much time studying the Eskimos of the Canadian north ern regions and returned with many interesting specimens of trinkets and fashions. She is here shown wearing an Eskimo parka with mug luka. A feature of the .odd head covering is that the fur is trimmed with wolverine, which Mrs. Cam eron says is the only fur on which the breath will not freeze. . man won,' I can say that the best policy won. , ' ' There are certain people who seem to forget what the fight for me lasr nve years has been about, It was for rnrht not micht unA tor tair piay in the widest sense. hti - ... .. incrc is a new spirit, both in public and in private life, which is struggling to get through. By this I mean the spirit of citizenshiD and service which was brought out by me war.. . "I believe that the srreat hulk nf the people is willincr and want t.i do what is right, but I also believe that the spirit of the war profiteer and bolshevism, if they have their way, (would make the country not the home of heroes, but a deh of thieves.' The profiteer took advan tage of the patriot durinsr the war and the bolshevist revolution i trying to take advantage of the broken and unsettled patriot now that the war is over. Neither is right and - neither represents the great heart desire of the British na tion. Both must be fought and de feated." i Attempt to Probe Coal - 1 Mines Fails in England London, Nov. 28. The govern ment won a sweeping victory in the House of Commons today when the motion of William Brace labor leader, calling for the appoint ment of a committee to inquire into e cost ot production, the output ana prices ot coal, was reierted. The government received 254 votes s against 59 for' the measure. Gas Mission to Meet. The commission which is trvim? to fix a price- at which the citv of Omaha may buy the plant of the Omaha Gas company will resume its sittings in the court house next Monday. v When attorneys for Goldie M. Kellogg, widow of the late Philip R. Kellogg, appeared in county court yesterday to have his will pro bated, they discovered that applica tion to have the will probated had been made November 4 by Edith Kellogg, 3541 North Twenty-eiehth street, who also claims to have been his legal wife at the time of his death. Both asked to have William L Kellogg, 3915 South Twenty-seventh street, brother ot the deceased named administrator. He was appointed. Philip Kellogg, a live stock deal-. er, was killed in an automobile ac cident at Thirteenth street and Deer Park boulevard, November 2. He lived at 3316 South Twenty-second street with Goldie Kellogg. "I never heard" of this other woman," said Mrs. Goldie Kellogg last night at, the home of William Kellogg, where i-be is staying. "I married Mr. Kellogg, June 23, 1915, mon-law wife.'" "I attended to his funeral and ac companied the body to Chicago and saw It buried beside his mother's grave. This woman could not have been anything more than his com mon law wife." Frank Shotwell, attorney for Mrs. Edith Kellogg, says" she was the first and only legal wife. "He mar ried her about six years ago," said Mr.', Shotwell. "Three years ago they separated and Mr. Kelloire then swent to live with the other woman.- She was his statutory wife." Mrs. Edith KelloeK asserted ves- terday that she attended the funeral of Mr. Kellogg. In her petition for proDate or the will, she Places the value of the "estate at $3,000. Mrs. (ZnAtu K"1lncrof mvs the est.nfe i worth $8,000, , , Officers of the probate court say there arc several claims pending against the estate which may take most of the assets. 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Allmerchandise bought on charge ac counts 'will appear on January ist statements. Actors Advertise Benefit To Audience at Exchange Members of the theatrical pro fession representing the various en tertainment organizations piaymg in Umaha this week, entertained large audience in ' the Exchange building at the stock yards during the lunch hour, friday. Songs, vaudeville acts and other selections were given by performers from the Brandeis. Bovd, Gayety and Orpheum theaters, which were greatly- enjoyed by representatives of the live stock interests. The cause of the free entertain ment was to advertise the actors fund benefit to be held at the Boyd and Brandeis theaters, Friday after noon, December 5. Several hun dred dollars worth of tickets were sold during the entertainment. Mildew proofing processes 'for tent canvas can be thoroughly tested for effectiveness in from three weeks to a month by a recently in vented method. 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