THE OMAHA "SUNDAY BEE: DECEMBER 7, 1919.
11 A
1
BANDIT KIRK IS
. NOT IN THFCITY,
SAY Till: POLICE
Believe He Took Advice of
Lawyer to "Go Any
Where But to ''
. Omaha.'
Notwithstanding the numerous ru
mors afloat about the city that Beryl
C Kirk, notorious bandit who is at
lange, following his "scrap of paper
furlough" release from the state
penitentiary at Lincoln, is in hiding
in Amaha, it is the general belief
that the bird has flown. "
. At least three "tips" furnishedpO'
lice that he was at certain places in
the city were investigated and found
r , to be w.thout foundation.
Was Sighted Wednesday.
' The, most certain information con
"Cerning Kirk's first landing place
was that turmshcd the police yes
terday that he was seen on a North
Twenty-fourth street car at 3:30
' Wednesday morning in company
with ' his wife and a couple, whose
names were not .learned. Kirk .is
said to have had a suitcase with him.
His wife was seen to alight from the
car at Twenty-fourth and Ohio
streets in probable fear that shcnd
her husband were detected together.
It was not learned where Kirk-or
his-wife went. ,
Must "Get" Kirk.
FollowingX t'h a t information,
gained by the police yesterday, or
ders were issued by Chief of Police
Eberstein to have Kirk arrested.
Detectives Brinkam and Jensen
'.. say they saw and talked with Mrs.
Beryl Kirk at the home" of Ted
v Lesch in East Omaha-- yesterday
. morning. Mrs. Lesch is a sister to
Mrs. Kirk. The detectives say they
gained no information from Mrs.
Kirk concerning the 'whereabouts
f - ol her husband.,
Another "tlp"given to police that
Kirk was staying at a "road Ijouse".
north of Florence was investigated
.with no Apparent result. .
With the uproar among officials
at Lincoln and Omaha concerning
Kirk's release, it is the general be
lief that the convicted bandit is not
ill Omaha for fear of arrest here.
It it believed that he followed the
advice of his counsel, Petrus Peter
Ma at Lincoln, to "go anywhere
bnt to Omaha." V
Devoted Young Wife Made Untold Sacrifices On the Altar of Love to Secure .
v Sensational Release, of Bandit Chief From Forbidding Walls ' of State Prison
New Express Packing
; Rules Go Into Effect ,
On Next Wednesday
The new express packing rules go
into effect December 10, according to
a Statement made byW. S. Warner,
in charge of the local express offices.
Under the regulations now in force
all express shipments over 25 pounds
must be forwarded in wooden con
'i tainers or cartons bearing the box-
maker's certificate as t to strength
and size required by 'the express
company.
No change is contemplated in the
shipments under the 25-pound limit,
, vvhic'i will still be accepted wrapped
in paper. Mr. Warner advised
Christmas shippers not only to send
ili-ir holiday packages early, but to
see that they were properly packed
and accurately addressed.
"We exivect a very heavy move
ment of Christmas gifts by express
this yeat" said Mr. Warner today,
"and this at a tinle when we are han
. diing a greater amount of traffic
than at any period an the history of
' the .railroads. It will be well for
Christmas shippers to keep in mind
tlie 25-nound limitation for paper
' wrapped packages. Most holiday
presents, wc believe, are. under that
y 1 weight and are therefore not af
fected by the new rules.
' "But anv shipment over 25 pounds
' must be forwarded in, special con
tainers and we will toe very glad to
give anyone interested full informa
tion as to how they should prepare
their Christinas presents for ship
ment by express.
Navy Enlisted Men .y
Given Opportunity
To Enter Annapolis
x The methods of entering the naval
"academy are as follows: Each con
gressman and senator is allowed a
number of appointments from his
district, and there are 100 appoint
ments, ooen to enlisted men of the
navy of the proper age, decided byU
a competitive examination, xnese
appointees must pass an examina
tion -in rudimentary subjects, and
after passing enter the academy.
The discipline is strict but plenty
of relaxation in the way of athletics
is available. The number of mid
shipmen playing foot ball this year
' on the varsity class, or company
teams, is 200.
Every effort is made to make the
v naval academy as democratic an in
stitution as possible. - Midshipmen
receive a fixed salary, and -so sup-
port themselves. Presents from
- home are limited. The wealthy stu
.dent, with the racing automobile, is
mknown at Anapolis. Each man
stands entirely on his own merits'.
Most Powerful Factor Among Elements That Caused
Fearless Outlaw to Walk Free From Penitentiary
. Was That Slender, Graceful Girl, With, Big,
Bright, , Blue-Gray Eyes, Who Stuck Beside -Her
Lover Under Murderous Cross-Fire of Pistol Bullets
Which-Raged in thp CharneL Iouse When Her
Husband's Gang" Was Captured
9
Three Poses of Mrs'. Beryl C. Kirk from a Recent Photograph.
Prohibition Endorsement
By Elks Was Unexpected
Pittsburgh, Dec. 6. Prohibition
is receiving an indorsement from an
rnexepected quarter the Order of
Elks.-
Fomer Gov. John K. Tener of
Pennsvlvania, who is a past grand
exalted ruler of the organization,
s?id here recently that "if the influx
'of new members into the order is
an;, barometer, i can say, speaking
.for the B. P. O. E., that prohibition
is a boon. It is interesting to note
that in every city in which I have
been where a campaign is being car
ried on the membership desired has
never failed. I sincerely believe
the principles for which the order
stands are the fhief attraction."
VBaby Swallows Wrist Watch.
Paden City. W. Va.. DecT 6. The
3-year-old soli of Mr. and -Mrs. J. C.
Jones swallowed a wrist watch. An
oeration likely will be necessary to
remove the timepiece
A killer of men, a bandit, qbold
outlaw chief who scorns the "cover
of darkness in pursuing his hazard
ous occupation, a champion of gam
bling rooms, a bootlegger of skill, an
engineer of wholesale automobile
thefts, and lastly, a mocker of the
courts of law and justice is the pub
lic indictment laid at the door of
Beryl Kirk, now' at liberty by grace
of a' writ of semi-official parole or
furlough. ' y-
A remarkable man, surely! is
the awed exclamation of Nebraska,
and particularly Omaha, which
knows first hand of his activities.
It must have taken a tremendous
pull," is the most popular conjecture
of those who read of his recent "fur-
louga irom prisoii.sv - v
ur a worm ot scneming, fsay
others.
"Or both."
But the most powerful factor by
far among the elements that caused
him to walk, a free man, from behind
the high Walls of Nebraska's penal
institution is one that has not yet
been guessed. t.
It was a woman, of course.
It mostly always is a woman who
does' big things in any casef where
the principal gamble with life and
death and fa referees.
( Mrs. Beryl Kirk, his wife, is that
factor in this story. .
Faithful Devotion.
Forgetting for fhe moment, but
not forgiving the criminal activities
that have made Kirk a notorious fig
ure of tremendous proportions in
Nebraska, one of .the outstanding
morals to be taken from the case is
seen by the faithful .devotion that
has been laid on the, sacrificial altar
of her love by this woman.
A few years ago Ella Uhl, a slen-
j'cr, graceful young girl with 'big,
bright, blue-gray eyes from which
shone the light of a longing-for
domesticity, scarcely moved beyond
ihe circle of the littTe North Side
home where she took care of her
father and little sister, Annie.
The neighbors knew her as a shy
little blonde thing, who was unlike
most othor girls of her age, because
she stayed home mostly and kept
house for her aged father.
It was 1 on one of the very rare
occasions that rhe attended a pub
lic (dance, that Beryl Kirk met her
and soon after made her his wife.
This i" "The girl that l the newspa
per reading public now pictures as a
painted; bedizened gunman's queen.
But she is not. . , ' '
Shielded Little Sister.
Police reporters who covered the
sensational event which resulted in
Detective Rooney's murder, remem
ber her as quiet, faithful-to-death,
type of girl who stayed by her hus
band's side when the murdsrtns
cross-fire jof pistol bullets raged in
the charnel house on North Four
teenth street. ,
They remember her as the woman
who, in a jail fell, defied the officers,;
with steadiast silence when 1 they
sought to trick from her informa
tion that would incriminate him.
They remember her as the woman,
who, when questioned about her
little sister, Annie, who was in -the
bandit rendezvous at the time of
the police raid, burst into tears and
f-antically offered to plead guilty
alone, to anything in thi world, if
only hr little 17-year-old .sister's
name could be shielded from, the
pitiless pillory of public print.
Subsequently, it was proved that
her little sister had no connection
whatever with the outlaw gang, but
Beryl C. Kirk.
was innocently visiting irrs. Kirk,"'
when the police surprised them.
' Annie was then, and is yet, a cash
ier in one of Omaha's bi.g department
stores, a highly honord and trusted
employe, handling thousands of dol
lars annually for the, firm. But those
'who were jkitimate with the details
of the case remember, with a throaty
sensation, the torrential anguish that
leaped from, the elder sister's heart
when little Annie was enmeshed in
the web of circumstantial evidence,-
and remembering, deeij it anything
but strange that this woman should
stand by the man she Iwes'Until the
dregs of their connubial cup of un
happiness are finished. f x
Wrote Husband Daily.
Every day since the court took
her husband from her sKe has writ
ten' to him, bolstering his courage,
that th'e grim walls of the penal in
stitution, which inevitably changes
sane men into "prison bugs," would
not "get" fcer jnan in one year or in
the 20-ycar "stretch" ' the court
meted out. I '
' Once a week,, faithfully, she visited
him'.
t And" here, strangely enough, a new
clement appears. '
"During the trial hundreds of
stories "were afloat concerning the
tremendous "fall-money" funds of
yeggmeh, auto thieves, burglars,
gamblers and flther artisans of the
underworld. Thousands of dollars
were at the disposal of counsel for
the defense, it was reported.
, .Worked Industriously.
Expensive attorneys were re
tained, or course. But the courts
took Beryl Kirk to the penitentiary
despite the lavish outlay of money,
and a few weeks later Mrs. Kirk,
frailer than ever, presented herself
at the New York Sample store. 206
North Sixteenth street, in an'swer to
a want ad she saw in The Bee's Help
Through the Long, Weary Monlhs, While Her Im
- prisoned Mate Languished in His Cell, She Wrote
Him Daily, Visited Him Once Each Week, Labored
v Unceasingly for Food and Clothing, and Planned
and Prayed, and Hoped, and Planned, in Her Fight
to Reclaim Him for Her Own Her Efforts Were
Not in Vain. 1
Wanted columns. She said she was
"broke." .
Frankly she told .the manager her
story, and of her necessity for em
ployment. Her need for money, she
said, was terrible. So, under the
name of "Mrs. Wilson" she carried
on as a saleslady for nearly a year,
faithful, industrious and honest. On
Sundays she went to the peniten
tiary to visit her husband,' and each
night she went to the homeof her
sistec Mrs. Ted Lesch, in East
Omaha, and wrote long, tedious, let
ters to her imprisoned mfcte. letters
that planned and prayed and hoped
mil nlltHIPl
Occasionally she took a day .ofW
to interview a lawyer, a witness,
one official or a what-not function
ary. But- always she returned to
work. ...
- She said she needed the money
awfulh bad, and apparently, she did.
v. Anyway, when the sheriff of
Douglas county took Beryl kirk
away to the state prison 18 months
ago, Omaha forgot him.
But his wife didn't, x
Beryl Kirk-is at liberty today,
somewhere in these United States,
and Mrs. Kirk, who loved him be
fore he became a bandit, and who
loved him faithfully even then, and
even beyond the forbidding stone
portals of the Nebraska peniten
tiary, is at his side.
'"' Always Planning.
"Ella never once thought of giv
ing him us," Mrs. Lesch, told the
writer. "Her husband was always
in her thoughts. Though she might
be busy during the day, with duties
at the store, the night always meant
a' session of planning and studying
for Beryl.
"When would he be released?
When would they be , together
again?" Those were some of th
questions she would ask herself, ana
me, time and time again.
" 'Wouldn't he enjoy this?' was a
frequent remark of hers at the table
as she saw some dish that Beryl
was fond of. .
Though everyone in tge state
miy cry out against Beryl's release,
they cannot take away from her the
rew days of happiness and seren:
Coniplacency that have already beep
hers.
Whatever is the true story of
Kirk's release, the indications,
viewed by newspapermen and oth
ers familiar with the case, are that
the greatest single element was the
saddened woman who would never
give up her fight in. trying to re
claim him for her own.
Love That Never Diet.
The purpose of this ' little story
is not to create sympathy for Kirk
or his wite. ,
It is just to show that the love
that never dies runs its course just
as strongly and as truly in the dark
fastnesses of the criminal world, as
it does in the circles of the hot
house plants of ultra-ultra society
on "Nob Hill." t ,
And just a word about the Kirks.
Ted Lesch and his wife, who is
another sister of Mrs. Kirk, saw
them just after the doors of the
penitentiary closed behind Kirk last
Tuesday. (
"The last thing I heard Kirk say
was that he was through being a
gunman, a bbvtlegger, and a figure
in night life, and that when it could
be arranged; he was going to go to
some little town with his brother-in-law,
rjerman Uhl, who lost a leg
in the war, and turn his knowledge
of automobiles to honest and useful
account."
Bushee Fails ,to Explain
Why ' Fu rlough was Held
, Weeks Before Presented
i ... i
Also Fails to Comment on Early Statement From
Lincoln That it Was Understood He Thought
Kirk Merely a "High-Jacker" Affidavits Show
He Knew All About Case.
(Continued From Pag One.)
suffic-
A
that he has been punished
iently. Very truly yours,"
' "RAY J. ABBOTT." ,
Other Recommendations. ;
"I had before me the affidavits
with reference to Kirk's former con
duct as a citizen in Omaha, one by
Michael L. Clark, the present sheriff
of Douglas county, and one by Will
iam L. Musgrave, both of whom
were in positions of responsibility in
the Omaha & Council Bluffs Mreet
Railway company, where Mr. Kirk
was employed. lhese amoavits,
which are now in my possession, are
as follows:
"State of Nebraska, County of
Douglas, ss.:
"1, Michael L. Clark, being first
duly sworn, depose and say that for
many years I was connected with
the Omaha & Council Bluffs Street
Railway company s road officer,
and by virtue of such position I had
in charge the conductors and motor
men of said company in the cities of
Omaha and Council Bluffs; that dur
ing my connection with the said
street railway company I had under
rmy direction - and charge Burl C.
ivirK, a conductor tor tne saia street
railway company, and by virtue of
our positions I became intimate
acquaint!;! with the said Kirk in his
work and in his habits. Our (ac
quaintance covered a period of
probably about eight years, and dur
ing all that time. I found the said
Kirk to be faithful, honest and up
right ia his relations with the said
street railway company, and during
all that period, outside of his work
with said company, and from the
best information that I could obtain
and fromMny personal observation,
he was a man of excellent habits,
honesand upright. And further de
ponent saith not.
(Signed). "MICHAEL L. CLARK."
"Subscribed -in my presence and
sworn to before me this 23d day of
July, 1919." . W. A. FOSTER,
(Seal) ' "Notary Public". '
"State of Nebraska, County of
Douglas, ss.:
"I, William L. Musgrave, being
first duly sworn, ' depose and say
that I have been connected with
the Omaha & Council Bluffs Street
Railway company, for more than
25 years, most of which time I have
been superintendent of the com
pany, and by virtue of my position
I becarfie intimately acquainted with
Beyrl C Kirk, a conductor on the
street railway fof said company.
His connection with the company
in that capacity covered a period
of something like eight years, and
during all that time I knew him
to be a faithful servant, honest and
of excellent habits, and from all I
could learn outside of his duties
as an employe of the ; company,
he bore a good reputation of be
ing an honest, upright citizen. And
further deponent saith not. (Signed.)
William L. Musgrave.
"Subscribed in may presence and
sworn to before me this. 24th day
of July, 1919. W.,A. Foster, Notary
Public. (Seal.)"
Warden Fcnton's Statement.
"The attorfteys stated to me the
position and opinion of Warden
Fenton with refresce to Mr. Kirk.
The-f-tatements which they madp in
that regard were absolutely true,
as is borne out by the statement
which Mr. Fenton makes to, me
today in a signed statement now
in my possession and which reads
as follows: ,
"' Senator B. K. Bushee, City.
" 'Dear sir:
"Regarding the' Kirk case I have
this to say: In a number of in
stances statements that I have made
in the last two or three days have
been inaccurately reported. I have
had no interest in the Kirk case
.different from my interest in nfany
cases. I observe the men in my iij
situation andhave alays felt free
whenever called upon, to state my
honest opinion regarding those men
and I propose to continue to do
so while I am warden. Peterson &
Devoe asked me about Kirk. I
told them that Kirk had been a
model prisoner during the nearly
two years that he bad been in the
institution, that I had observed him
carefully and that I was entirely
satisfied he would make good on
the ontside. I was also of the,
opinion then and 1 1 am still, that
if there was ever anything wrong
with Kirk or his conduct he has,
during his stay in the penitentiary,
learned his lesson and I have no,
reason at the present time to change
my opinion that he will make good
on the outside. I'also said that I
would be willing at any time to ex
press my opinion to the governor.
I later did state my ideas regard
ing Kirk to the governor, which
were substantially as above stated. I
also stated to the attorneys and
to the governor that I was person
ally satisfied that Kirk was not
ope of the five men who perpe-.
trated the robbery in Omaha and
that he was wrongfully identified
and confused with Appleby. This
is borne out by the prosecuting
attorney, who conducted the prose
cution of Kirk. I am still of that
opinion. After, all it is not the time
that a man serves in the penitenti
ary which determines whether so
ciety is .benefited by his remaining
or by being given a chance' to make
good. The question 'is the character
of the man at the time "and on
that basis I gave my opinion as
above state with reference to Kirk
and still adhereto it. (Signed.) M.
T. Fenton, warden.'
Doubt of Guilt.
"The attorneys also discussed
with ine the question of doubt of
Mr. Kirk's guilt, particularly with
reference to ni's having been present
and taken part in the robbe'ry "as
shown'by'the record in the district
court, where Kirk was tried and
the record in the preliminary
hearing held on a complaint against Iduct of the man to whom h furlough
J,
one Appleby It appears from thc.-e
records that no one claims there
were more than five men at the
robbery. Six men have been identi
fied, one of them is a mistake, and
under all the circumstances I feel
justified in taking cognizance of
the doubt that existed with refer
ence to Kirk having any participa
tion. "This was further substantiated by
the man who conducted the prosecu
tion, whose statement I have quoted
above. I also took into considera
tion the fact that the identification
of Appleby occurred subsequent to
the time that Kirk was tried and
convicted and that this fact was not
presented to the court or jury, nor
could it be. In view of this doubt
and in view of the statement of the
prosecuting attorney an absolute
pardoia could have been justified.
No onl, however, urged an absolute
pardon, but all that was aiyked was
aMurlcmgh for the purpose ot giving
this man a chance to make good as
a citizen. '
Could Not Give Parole.
"This case was not one coming
withinjhe law with reference to pa
roles. lf any clemency sljould be
given it would have to be exercised
by the governor. It is my under
standing that furloughs have been
granted regularly by the preceding
governors of this 'state in the same
manner as this furlough was issued
by me. If Mr. Kirk does not make
good under this furlough he.may be
returned to" the penitentiary. If he
makes good society has been bene
fited. On the Statement of Warden
Fenton, in whose judgment-4 have
the fullest confidence, and in view
of the previous record of Kirk as
given by Sheriff Clark and others
who knew him, I then believed and
still think that Kirk will make good.
"Concluding, I will say that my
action was governed solely and ab
solutely by what I regarded as the
demands of justice. The test of my
judgpient is whether or not the man
makes good. If he makes good, the
furlough should remain in force. If
he does not make good he may be
recalled to the penitentiary. Since
my return to Lincoln I have gone
Over the entire situation again and
I find nothing that was misrepre
sented. I willingly accept the re
sponsibility for the furlough and mi
entirely willing that the iuture con-
was .granted shall determine the ret
of my -judgment. B. k. BI .SHM..
What Abbott Says.
Attorney Ray J. Abbo.tt, from
whom Senator Bushee says he re
ceived a letter prompting him to is
sue a "furlough" for Beryl Kirk, last
night absolutely denied ever writing
the senator concerning Kirk, but
said that he- had received a letter
some timevago from Bushee con
cerning Kirk. '
"I don't know anything about the
statement of Senator Bushee, in
which he says I wrote him concern
ing Kirk, bufT will issue a state
ment Monday and offer the senator's
letter to me for' publication."
Judge Demands Probe. .
An investigation into the part
played by lawyers in securing the
"furlough" bf Beryl C. Kirk, no
torious Omaha bandit, from the pen
itentiary last Tuesday, was de
manded yesterday by Disirict Judge
Sears.
"We lawyers owe it to ourselves
and'to the public to find out if any
members of the Nebraska bar were
guilty of unprofessional conduct i:i
this mysterious Kirk, matter,"" said
the judge.
"The first business that should be
taken up at the coining meeting 'of
the Nebraska B;tr association should
be this Kirk 'furlough.'
Something to Be "Aired."
"It is inconceivable to me that
such an action should have been
taken, and I am" sure there is some
thing in the affair that should be
thoroughly aired without delay.
"That a man, convicted of murder
and sentenced to 20 years in the
penitentiary should be let out after
serving 18 months, is a thing so pe
culiar that it casts a shadow over
the" bar of the state and calls for
prompt investigation."
, Other lawyers and judges ex
pressed the same ida on the sub
ject. Kirk was tried by a jury before
Pistrict Judge Redick and after a
verdict of guilty was returned was
sentenced by Judge Redict to the
penitentiary
County .Attorney Magnejr con- been somewhat irregularr
ducted the prosecution.
Knows Kirk's Location.
Senator Bushee told state officials
that he knew the present location
of Kirk, and stated that the authori
ses at the state prison also knew
where Kirk could be found. He did
no disclose this, however.
Warden Fenton, of the peniten
tiary, however, denied kll knowledge
of the bandit's present whereabouts.
Quief investigation of the case,
first instigated by Lieutenant Gover
nor Barrows, and later ordered by
Governor McKelvie, continued, the
chief desire of Lincoln officials be
ing to secure a positive statement
from Senator Bushee, who so far
has refused to make any comment
on the case other than that he real
izes "the seriousness of the affair."
May Go Free. '
It is generally understood, from
Governor McKelvie's statement Fri
day, prior to his leaving for Chi
cago and Washington for coal con
ferencesthat if Senator Bushee
"stands pat" on his written order,
Kirk will be allowed to go free.
"If a thorough investigation of
the case proves that thenssue of the
order was perfectly regular, there
will be no action taken," Lieutenant
Governor Barrows said yesterday,
recalling a similar statement made
by the governor Friday.
Detectives Friday interviewed
Mrs. B. C. Kirk, wife of the bandi
with whom he was seen in Omaha
early Tuesdaymorning on a north
bound Twenty-fourth street car,
prior to order for his arrest
--She refused to divulge any infor
mation concerning her husband
other than that he is not in Omaha.
Father is Silent.
J. B. Kirk,' 2321 Dewey avenue,
father of the released convict, was
also visited by Omaha detectives
Friday and refused to give any in
formation concerning his son.
"I have not seen him yet," was
all that he said.
Mayor Ed Smith Friday issued
orders that Kirk should be arrested
for investigation upon sight in Oma
ha. Officials at Lincoln have not
declared Kirk afugitive from jus
tice. All officials in Lincoln expTess
fear of commenting on the bandit's i
release, which lead Omaha authori
ties to believe that the proceedings
leading up to his freedom must have
CRIMINALS ARE
INFESTINGllTY
IVITHJMPUNITYi
Gunmen Escape From Police
Officer After He Has Them
Covered Many Robberies
Reported.
Criminals of all descriptions con-.
tinued their operations in Omaha
Friday night, with no apparent suc
cess cyi the part of the police to sup-
press the carnival of crime, .
With the escape of two armed
men in a stolen automobile troni
Policeman W. F. Cich at S yesterday
morning, together with numerous
reports of robberies and thefts
throughout the city, police areajJ
parently powerless to cope with the
situation, lhieves mad.: sucn Doiu
hauls in two instances Friday night
as to use an automobile truck to
carry their loot away.
Police are merely making reports
and "investigations" of robberies f
and holdups.
Had Them Covered. ;
The two armed men who escaped
from Policeman Cich in the restau
rant of Charles Farley, 2309 Cuming (
street, early yesterday morning made
their getaway after the policeman'
had both men under cover of drawn
gun. , ' '
Witnesses of the escape declara
both men made their escape through :
the rank carelessness of the police
officer.
Upon recognizing a car standing
in front of Farley's cafe as one
which hd been reported stolen at
Fremont, Neb., Policeman Cich in
vestigated and found two men sit
ting? at the counter in the cafe. He
noticed revolvers partly protruding
out of their hip pockets, he- said.
When both men saw the policeman
they attempted to draw their guns,
witnesses say. Cich was the quicker
and covered them with his revolver.
Gunman Makes Getaway.
, He commanded them to lay their ;
guns on the counter while he tele
phoned to the police station. One .
of the men Obeyed. The" other
turned sharply around and made an
exit out of the rear door of the
restaurant. The unarmed man
dodged Cich and darted out of the
front door into the driver's seat of
tbe automobile standing in front.
He stepped on the starter pedal of
the car and made a hurried getaway.
Gch fired tw shots at the car, wit
nesses say, with the revolver he had
taken from the man. Cich said the
gun became clogged on the third,
shot.
"It was sure a rank escape," Roy
McKenna, waiter in the restaurant,
saidv ' ' -
Will Frost, counter man at the
cafe, was also a witness of the bold
escape of the two men.
"If that's the way the police are
taught to capture gunmen, it's no
wonder Omaha has such a renegade
force." ' '; y,::'V.-.
Policeman Gch took the gun Uk-
en from one of the escaped men, to
the police station. ;
Alleged "Highjackers in CourtJ
The 'five alleged "highjackers"
who were arrested Friday flight at ,
Fortieth and Farnam streets, were
charged with breaking and entering.
Their bqnds were set at $5,000 each.
They will be arraigned in Central
police court Monday. Three of the' .
men, the, police claim, were particu
larly identified by Mrs. Catherine'
Allison and Miss Grace Allison as
the gang that early Friday" morning
entered their home at 41CL South
Thirty-ninth streets Bart Williams,
3907 North Twenty-sixth street,
William Larsen, clerk, 522 South
Sixteenth street, and A. D. Pierson, ,
2161 Rees street, were those par
tially identified by Mrs. Allison and
her daughter.- ; "
"They look exactly like the men
at whom ! fired," Mrs. Aljison said ;
today. - 1
C. L. Farnsworth, 3901 Dewey
avenue, and Arthur Smith, 3910
Dewey avenue, said Larson and ,
Pierson looked like the two who
they saw standing behind a tree in
the yard of the Allison home at
the time the gang entered the home. -Say
Men Were Armed. .
The ot!ier two who were arrested
in the gang were: Frank QINeill,
chauffeur. 1608 1-2 Cass street,
Dave Galinsky, broker, 630, South
Seventeenth street. The gang was
arrested by Policeman H. F, Petes
son and Patrolman Earl Adams.. A
crowbar was found in the car in .
which the men were riding at the
time of their arrest, and each man .
was armed, police say. ,
A big haul was made by burglars '
from the grocery of Peltz Bros.,
3005 Haskell street, cleaning the es
tablishment of groceries and meats,
according to police reports. Wheel
tracks Jn the snow in front of the
store lead detectives to believe that
an automobile 'track was used to
haul the loot away, which consisted
of 300 pounds of assorted meats,
canned goods and fruits of all de
scriptions and 2,000 cigars, accord
ing to the police.
Window is Smashed. ;
The padlock on the front door was
broken, but the robbers apparently ;
could not force the door open, as the
plate glass window was found
smashed, N; , j-
Thieves broke through the rear -window
of the meat iarket owned
by E. A. Marsh, 1622 North Twenty-fourth
street, and stole 10 pounds
of sausages and 22 pennies from the v
cash drawer, police reports say. The,
robbers left assorted hams and ;
bacon untouched on the counter, ac
cording to the report.
Store Robbed Again. '
For the second time in three jays,
the store of Sam Pollay, 1304 Dodge
street, was broken into by robbers
Friday night, according lerthe po- '
lice. The thieves took nothing on
this trip, but three nights ago.
large quantity of men's furniaklt-a'
was stolen. - "
An automobile containing . 100
Bounds of dates was stolen from in
front of the Hayden Bros, store late
Friday afternoon, according to
police. Ihe car was rented from the
Ford Livery company by Simon
Bros.; wholesale grocers, Eleventh
and Howard streets.
Pickpockets stole a purse con-
raining $30 from Mrs. Richard Cot
ton, 1706 South- Sixteenth street;
late Friday afternbon while she was'
shopping, police reports say. .