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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 7, 1920)
THE BEE:' OMAHA. WEDNESDAY, JANUARY 7, 192u. MRS.- KIRK GOT SUSIE'S AID IN HUSBAND'S CASE . Witness Says She Told Him She Expected Senator's " Help in "Obtaining , Furlough. (tontlaurd From Pace ictective department of the Omaha jolice force, was the first witness :alled. and testified that he had been 3ii the force for 19, years, during, 10 f winch he had known Beryl Kirk. He said he first heard of Kirk as lavinar iumoed a bond in Minnesota, nd next as having been arrested in Denver for auto stealing, and next n connection with the Alalashqck obberv and murder of Detective Rooney. and lastly when the matter 3f the turlougli came up. Chief Dunn stated that he had no nforniation as to what steps had ien taken to raise the fund for Kirk's release, but that he had icard rumors to the effect that noney from the "Hayden Brothers obbery had been u.ed for that pur- jose. 1 'Following the release of Kirk he aid he interviewed Mrs. Kirk at her iister's home! in East Omaha, and leard later that she was m Des Moines. He got this later inforina- lon. he said, trom Chief John Mac- Donald of the Des Moines force. On cross examination by Attor ey E. C. Strode in behalf of Peter- hon & Devoe, Chief Dunn stated that he had heard a nunfber of times hliat Mrs, Kirk was on the street oliciting a fund to get her husband ut of the penitentiary, "but that he iidn't know -of any man who had k'-bscribcd to the fund. Hoye Relates Kirk's Boasts. Charles W. Hoye, a deputy sher- ff of Douglas 'county, was the next witness . called, and told' of the oasts made bv Kirk that he would l Better Gome Tomorrow Many good Coats and Suits can be had' right norw- ! V A L..J TV..: We're selling Dresses, Skirts, Blouses At V2 Price . while they last. i V Ail Afr W j i 4 s lV S $ The values are timely, $ 3 wonderful! S YiVetit for C f 'Women 17 ,1. v 2 floor SuriheBld4 f6th and Farnam "be out of the penitentiary in less than three weeks," and as matter of fact, expected to come back to Omaha on the rjext train leaving the state penitentiary after he got there. Hoye testified that he was the offi cer who took Kirk to the pen. Hoye stated that he had charge of Kirk and' his gang throughout the trial in the district court on the Malashock robbery and Rooney murder charge, and following the conviction of Kirk, prisoners who were close to Kirk in the jail openly said that Kirk repeatedly boasted that he would get out in & short time, within "three weeks." He said he had no definite knowl edge of the collection of the fund to get the man out. On , the train going to the peni tentiary, said Hoye, Kirk repeatedly asked him if there were not an at torney on the train, stating "every thing is fixed, and I'll come back with you and the lawyer on the next train leaving for Omaha." Hoye testified that be had been given a subpoena for Mrs. Kirk, but that lit was satisfied she was not in Omala, the process being to sum mon her to the inquiry at Lincoln. i What Bushee. Said. John E. Kennebeck, reporter for The Bee, was the next witness. He said he first heard of Kirk during the Malashock robbery and murder of Detective Rooney, and nothing after that until the release of Kirk from the state prison. On the day following the release, he said, he was instructed to get in touch with State Senator Bushee, and find out what he had to sav about having signed the furlough. He said he talked to Senator Bushee over the phone to Kimball. He said that Mr. Bushee during the early paTt of the conversation appeared to know little about the case, but his recollection appeared to grow stronger as the conversa tion proceeded. He admitted that he had "signed the furlough hist fall" and that he had done so upon the recommendation of the man- as the statement of Warden Fenton that Xirk was a model prisoner, and that he had become satisfied that Kirk had suffered enough for his crime, which, he said, he thought a the time of signing the paper was merely the charge of "bootlegging." Did Not Know of Murder. Kennebeck stated 'that he had no definite knowledge of the Kirk "slush" fund, but he heard $1,000 had been raised. Shown a copy of The Bee containing a story- con cerning two men who had been ap proached to contribute, he stated that he had furnished the facts, but requested that he not be pressed to give the names of the two men, as the information had been given to him in a confidential manner. Pressed on cross-examination later by Senator Bushee, he stated that one of the men was an Omaha waiter, "Slim" Graham, who had been approached by Mrs. Kirk at Harney and Fifteenth streets. The name of the other man he did not know, he said. Bushee Attacks Witness. State Senator Bushee cross-examined Mr. Kennebeck, first attempt ing to get the witness to admit that he might have been mistaken in understanding over the telephone that he (Bushee) had said he thought Kirk was charged only with "bootlegging." Kennebeck replied that he not only was not mistaken, but that the statement had been perfectly plain and clear, and that his report of it had been made immediately after hanging up the telephone receiver, being a correct transcript of his notes before they were more than a few minutes old. Mrs. Kirk's Disclosures. The disclosure of Mrs. Kirk was related by the next witness, Taylor Kennerly, managing editor of The Bee. He stated that he had been con nected with The Bee about 14 months.'" About the 1st of July, he stated, Mrs. Kirk was brought into his ot fice in The Bee, she haying- ex pressed a desire to have an interview for. the purpose of begging him not to oppose her efforts to get Kirk out wf the penitentiary. At that time, testified Mr. Ken nerly, he was not familiar with the Kirk case, as the Malashock robbery and the murder of Detective Rooney had occurred before his advent on The Bee. Didn't Know Her Own Mind. She said, stated Mr. Kennerly, that she expected to get Mr. Kirk out soon. She said that State Senator Bushee and other men were inter ested in the case and that she already had raised nearly $2,000, but had to get more. She stated that Attorney Harry Fleharty of Omaha had been engaged, together with som Lin coln attorneys. "I was puzzled by some of the statements made by the woman," said Mr. Kennerly, and formed the impression that possibly she didn't know her own mind. I was not fa miliar with the case, knowing noth ing about it, in fact, and saw no rea son why she shouldn't be about the task of raising money in behalf of her husband. That money would be necessary to engage- the services of attorneys was, of course, to be un derstood. v "As far as I gained from my con versation with Mrs. Kirk, she said Senator Bushee was interested in the case because he thought Mr. Kirk was innocent."s Telephoned to Moore. Following Mr. Kennedy's state ment, Reporter Moore of The Bee testified" that he received a telephone message from Mrs. Kirk asking him to meet her and he did so at the Hotel Paxton. She told him, he said, that she feared The B$e would attack her for her attempts to get Kirk out of prison. He told her it would be best for her to interview the managing editor of The Bee and took her' to I he Bee office. Asked why he had rtot testified at the previous appearance to this mat ter, Moore stated that he had not been questioned about anything touching upon it. The remainder of his testimony was corroboration of Mr. Kennerly's statement as to the purport of the interview. "Bootlegging" Talk. State Parole Officer E. M. John son then testified to a conversation between himself, Secretary Antles of the public welfare board and Sen ator Bushee in the office, of Mr. Antles two days after the release- of Kirk. He went to the office, he said, upon the invitation of Senator Bushee, extended over the telephone. Bushee, he said, appeared to be greatly concernd over the matter as reported in the newspapers and stated that at the time he had signed the furlough he was under the im pression that Kirk was in only for "bootlegging." Protected Peterson. Bushee did not state said Officer Johnson, that Senator Peterson had made .the statement that the charge was 'bootlegging" only. Mv impression of the conversa tion was," said Mr. Johnson, "that Senator Bushee did not want to ac cuse or criticise Senator Peterson." Secretary Antles corroborated the statement of Officer Johnson con cerning the remark made by Senator Bushee about his understanding of the charge being merely "bootlegging." The hearing then adjourned until 2 Wednesday. CHARLES A. GOSS LAWYERS' CHOICE FOR JUDGESHIP Slain Girl's Mother Screams at New's Trial OMAHA DENTISTS OMAHA DENTISTS DEPENDABILITY ' . - - ' fcT- ; " ''W ' I ' ' Dentistry depends on the service rendered and quality of materials. ' Our years of experi ence with both enables us lo give you the best. GOLD CROWN AND BRIDGE WORK A SPECIALTY Phone Doug: 8236. Lady ant. Omaha Dentists V , , , 1515 FARNAM NOTICE: Out-of-town patrons can have work com pleted in one day. Open Evening Till 8 Sundays Till Noon. OMAHA DENTISTS OMAHA DENTISTS (Continued From Page One.) Lessor was killed, July S last, New asked him, "What would you do if you had gotten a girl into trouble?" Moss said he told New he did not feel he could give any advice that would be of value. The theory of the prosecution is that New killed Miss Lesser after he had refused to marry her, when she refused to have an illegal opera tioh performed on her. - About a dozen witnesses, includ ing newspaper men and jail attaches, expressed the , opinion New was sane. Weeps and Screems. Mrs. Lesser appeared in black and was supported by crutches. She wept and screamed as she entered the court room, but mastered her feelings sufficient to be able to tes tify. She said New always had ap peared a sane, normal man and one who would have made Miss Lesser a good husband. "If I hadn't thought Harry was a fine man and absolutely sane I'd never have let Freda go with- him," said Mrs. Lesser. There was no cross-examination. New maintained his almost mo tionless attitude during the time Mrs. Lesser was in the court room. He stared blankly ahead of him without a sign that he saw her entry or heard her words. Woman Radical Leaves Impression on Man's Eye (Continued From Page On.) tation as a result of the recent nation-wide raids, was seen in the re quest transmitted today by the De partment of Labor to congress for new appropriations aggregating $1, 150,000 to be used in the enforce ment of laws against radicals and for their deportation. Scores Justice department. While members of congress were giving the request preliminary con sideration, from the temporary head quarters, here of the Russian soviet bureau, located less "than three blocks from the Department of Justice building, there was issued a written statement by S. Nuerateva, who said he was secretary to L. C. A. K.. Martens, self-styled Russian ambassador, setting forth general charges against Department of Justice agents. These charges were that department agents had "ac tively participated" in the formula tion of some of the planks in the communist and communist "labor party platforms, which the state ment said, "now form the basis of the persecution of thousands of people." Another charge was that "the cheif figures in such celebrated bomb plots were agents of a sim ilar nature." Dollar Gas in Lincoln Inopportune, Court Holds Lincoln, Neb., 7an. 6. Enforce ment by the city of an ordinance passed in 1907 fixing the price of was at $1 per thousand cubic feet is restrained under a temporary in' junction granted-the local gas com pany by federal district court. Pending final hearing of the case, a rate of $1.40 is allowed the com pany to file bond to repay any dif ference between this price and that ultimately decided upon as reason able. It is a matter of common knowl edge, the court said, that because of war conditions which "unfortu nately continue" it is impossible to produce gas for anythirfg near the amount for which it could have been produced at the time the ordinance was passed. - CAazlesOtXross Governor Will Be Asked to Name Him Day's Successor. By a majority of only four votes out of 200 cast, Charles A. Goss was nominated by the lawyers of Douglas, Washington and Burt counties yesterday to succeed Judge George A. Day on the district bench. There were 200 votes cast, of which Mr. Goss received 104. James M. Fitzgerald, police judge, made a surprising "run," receiving 75 votes. He entered the race for the appointment only Monday, while Mr. Goss was an avowed can didate since last Friday, when a pe tition was circulated in his behalf. Received 104 Votes. The total vote yesterday was as follows: Charles A. Goss, 104; James M. Fitzgerald, 75; Robert Patrick, 6; E. Duane Pratt, Burt county, 14; Raymond Crossman, 1. "Total, 200. W. v W. Slabaugh announced after the ballots were counted that he will send the name of Mr. Goss to Governor McKelvie as the se lection of the lawyers of the district for appointment to succeed Judge Day. Merely a Recommendation. The selection of Mr. Goss is merely in the nature of a recom mendation. Governor McKelvie last week asked the Douglas County Bar association, through its president, Mr. Slabaugh, to vote on a can didate for the place. The governor has the power to appoint anyone he wishes, but he will undoubtedly ao- point Mr. Goss after the recommen dation given him by vote of the lawyers today. There was a large .attendance at the meeting in the county court room at noon yesterday. Mr. Sla baugh presided and called for nomi nations, which were made in soeech- es limited to two minutes. . Several are Nominated. Mr. Goss was nominated by E. G. McGilton. James M. Fitzgerald was nomi nated by John Moriarty. Robert Patrick, municipal judge, was nominated by D. H. Sheehan. E. Duane Pratt of Burt county was nominated by J. Enyart of Tekamah, who stated that since Judge bears moved to Omaha, the counties of Washington and Burt are not represented on the district bench. Howard Baldridge moved that the nominations be closed and the ballots were then cast rapidly into a ballot box under supervision of Election Commissioner MoOrhead. The entire vote of the bar of Washington and Burt counties was ordered credited to Mr. Pratt, though only a few lawyers from those counties were present. Mr. Goss was not present He was in Lincoln at the supreme court in vestigation of the Kirk "furlough" case. He made an active campaign for the appointment. Nethaway Leader of Mob, Dozen Testify (Continued From Fate One.) for the state. He merejy detailed the events of the riot night. In his opening statement to the jury Attorney Fleharty, for Netha way, made the statement that Neth away wrote a letter of condolence to Agnes Lo.beck, the girl whom Will Brown, negro, is alleged to have assaulted. This letter was writ ten pefore the lynching. "Mr. Nethaway did not reach the court house until about 7:30 o'clock, long after the riot had started," said Mr. Fleharty. "His mind was in flamed by the remembrance of the murder of his wife two years ago, for which crime a negro was found guilty and sentenced to the peniten tiary. "In his mind flamed resentment against authorities whom he con ceived to be bent upon preventing instead of assisting in the conviction of the negro accused of assaulting Agnes Lobeck. Charge Inflammatory Speeches. "When he arrived at the court house, much damage had already been wrought. Intimidation if in timidation was required had made the police powerless." County Attorney Shotwell, in his outline to the jury of the state's evidence against Nethaway, said it would be shown beyond a doubt that Nethaway made inflammatory speeches to the mob, urging the men to "get the nigger and lynch him," and also that he stated later that he fired shots into the body of Brown when it was hauled up on the pole at Eighteenth and Harney streets. All day yesterday was consumed in getting a jury, both sides ex hausting the six challenges to which they are entitled. Attorney Fle harty asked all prospective jurors whether they had heard of the case of Nethaway's wife in 1917. Her body was- found in August, 1917. Charles Smith, negro, after two trials in district court before Judge Sears was found guilty and sen tenced to the penitentiary for life tor the crime. J. Laurie Wallace, a promineir artist, is a member of the jury which is trying Nethaway. At the request of the defendant all witnesses on both sides were or dered excluded from the court room, each coming in only when he is cali co, to tne witness siana. Services for Nebraska Pioneer of Indian Days rv.Irrlitnn Tan- 6. fSneciall Funeral services were held Tues day for Fred Kyriss, 79 years old. who came to this country from Ger many'in 1864 and settled in Knox county 47 years ago. A short time before coming to Nebraska he was married in Philadelphia to Miss Christina .Plieniger. MILK , Carnation and Pet, tall cans, 16c each. Hebe, tall cane, 2 for 25c. Take ad vantage of thia exceptional low price for Wednesday, Thuredajr, Friday and Saturday. .. H. H HARPER CO, t 17th and Howard Sts East End Flatiron Building. A Home Piano Should Have Durability The WEBER has held its place in the Ameri can home because it "stood up" under the hard knocks of practice and hard general ser vice which a family is bound to give its piano. The sonorous tone and re snonsive touch of the Weber are builded into the piano to stay through the years. "A Leading American Piano. f . Take Our Advice and Buy Your Piano Now. (hAKFORD Sl MOsric Co. Omaha and Norfolk, Neb. LOWEST PRICES IN THE UNITED STATES Music Is Essential 1807 FARNAM Announcement We are very glad to announce as members of this firm James N. De France, 2d Vice President Philip W. Downs, Secretary Both of these men are experienced in all branches of insurance. We solicit your insur ance business. WILCOX-BURNS CO. Cen'l. Agent Travelers Insurance Co., Casualty Line - Gea'l. Agents Aetna Cas. and Surety Co., Surety Lines First Agency Seven Fire Insurance Companies WM. L. WILCOX ROBERT T. BURNS 1st Nat'l. Bank Bid. Douglas 3075 WETS HAVE NOT GIVEN UP FIGHT ON PROHIBITION Chief Counsel for Liquor Men Persists In Statement That Battle Has Just Begun. Chicago, Jan. 6. Liquor interests have not given up their fight against enforcement of national prohibition, despite the decision of the supreme court sustaining constitutionality of the Volstead prohibition enforce ment act, Levy Mayer, counsel for the "wets," declared today. "The real fight is still to come," said Mr. Mayer. "The whole eight eenth amendment to the United States constitution is under attack. The state of Rhode Island has filed two cases attacking the validity of that amendment. Other cases, are in preparation and are almost ready to be filed. That will be the main tight." Department of Justice to Prosecute the Brewers Washington, Jan. 6. Immediately after the supreme court upheld the constitutionality of provisions of the Volstead act prohibiting the manu facture and sale of liquors contain ing one-half of one per cent or more of alcohol, the Department of Jus tice began preparations for the prosecution of all persons who have sold beer since the passage of the act last October 28. Cases against those who manufac tured 2.75 beer before the Volstead act was passed were dismissed, but all manufacturers and retailers who have dealt in beer since the act was passed have been recorded by the Department of Justice and they will be made defendants in cases to be started soon. Rhode Island Ratifies Suffrage, Bringing 23 States Into Fold New York, Jan. 6. Rhode Island's ratification of 'the federal women suffrage amendment Tuesday brings the number of states which have ac cepted it to 23. ' Ratification by 1.1 more states is ne'eessary before the amendment becomes effective, and officers of the National American Woman's Suffrage assotiation de clare they will conduct an active campaign to obtain the necessary 36 ratifications before the presidential primaries in April. Women of 21 states, including Rhode Island, will enjoy presiden tial suffrage this year regardless of whether the amendment becomes ef fective before the presidntial pri maries, according to suffrage asso ciation officials, Germans Protest Number Of Troops for Plebiscites Paris, Jan. 6. An application from the German representatives here fo a reduction in the number of troops to be sent to the areas in which pleb iscites are to be taken under the peace treaty has been received by the supreme council. Germany will have to bear the expense of main taining these troops and her rep resentatives complain that the cost will be excessive. So heavy an ex penditure is not necessary, it is asserted. French War Heroes Sometimes Compelled To Do Menial Tasks Paris, Jan. 6. Strange and puJ zling complications have arisen in the relations of the people of France as a result of the world war. Some times persous wearing proudest decorations are found engaged in rather humble vocations, and the' fact they have been honored by their country would probably never be com known if on some occasions attention was not called to it. "You are wrong to speak so se verely, my general. I .am a knight of the Legion of Honflr." The general was General Gassouin, who controlled the Paris railroad systems when they were taken over by the army and the knight was his new cook, who had overdone the roast. The general could not believe his ears. He made an investigation and found the new cook had lost her husband early in the war. She be came a nurse at the front, where ihe showed such bravery that the vd ribbon decoration was awarded her. When the war was over she ac cepted dismissal from the army med ical service without complaint and. having' to earn her living, became cook, wearing her decoration only on Sundays. "When the general learned he truth he embraced the cook." says the Echo de Paris, which vouches for the story, "and since has not al lowed himself to make remarks whtu any dish has not been a perfect success." $75,000 Bond Robbery. Atchison. Kan., Jan. 6. From $50,000 to $75,000 worth of Liberty bonds were taken by bandits from the Citizens State bank at Win ch e s t ejKan1southjwstofhere. THONPSON-BELDEN & COMPANY Thompson-Belden Furs In the January Sale THE very highest class of fur are offered at r: iuced prices. If Hudson Seal coats, capes, coatees, scarfs and muffs. II Mink capes, scarfs and muffs.. f Moleskin coats, caper, and scarfs and fine muffs. If Sable throws, lynx scarfs. Fox scarf s and others Priced 20 Less than their former remark ably low prices, which have prevailed during the past season. - i A Special Feature Wednesday Natural skin shoulder pieces of fox, wolf and lynx cat about twenty in number " Reduced to $36. 50 Formerly priced up to $75 .i.All Sales Final... The Fur Room Third Floor The January Linen Sale Is Wonderfully Successful It's really an achievement to have such fine linens and be able to sell them at such rea sonable prices. Familiarity with the present linen market and the sure promise of much higher future prices lends added importance to this sale. These Offerings for Wednesday The Finest of Table Cloths with The Table Cloths: $27.50 Cloths $22.50 20.00 Cloths.... 25.00 35.00 Cloths.... 30.00 40.00 Cloths 35.00 45.00 Cloths.... 40.00 50.00 Cloths.... 45.00 Scotch Linen Napkins io Match. The Napkins: $20 Napkins $15 a dozen 25 Napkins 20 a dozen 30 Napkins 25 a dozen 35 Napkins 30 a dozen 45 Napkins 35 a dozen 55 Napkins 45 a dozen Fabric Values Broken lines of colors and odd pieces are responsible for the most of the values offered. And in this col lection are fine dress silks, suitings and coat materials priced low enough to as sure their immediate dis posal. The earliest selec tions will prove the most worth while ones. Wool poplin, one of the most desirable dress fab rics obtainable. All wool, 42 inches wide, $2.49 a yard. Silver-tones in colors spe cially adaptable to the , coats and suits for spring, ' 54 inches wide, $5.49 a yard. Extra Values, IrUh Linen Pattern Table Cloths 2x2 yards, round designs, $13.75 quality, $10 Extra Heavy Irish Linen Napkins 22-inch, various designs, $13.75 quality, $11.89 dos. Ribbed Turkish Towels Heavy, 60c quality for 4Se Glass Toweling Union, checked, 45c quality, 35c a yard Lace Trimmed Scarfs Regularly priced at 1.50, Wednesday, 95c Glass Towels Hemmed, all ready for use, 35c quality, 25c Wash Cloths 10c ones for 8Vsc 12V-2C ones for 10c Dish Cloths 15c mesh knit, 10c In Boots New lasts and new shades, above all, new browns are being shown in the shoe section. Light field mouse boots, brown ones with lighter tops, patent leath ers, and soft dull kid, fashioned with the grace of line through the instep and vamp that a really smart boot must possess. Heels are quite versatile ranging from the slender Louis heel to medium Cu ban, and the military one, for milady's walking boot. From $H to $16.50