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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 8, 1920)
THE BEE: OMAHA. THURSDAY, JANUARY 8, 1920.
HE NEVER KNEW
OF KIRK'S CRIME
joverrior Testifies He Under
stood Burglary Charge
Was Placed Against
' -Omaha Bandit.
(Continued From Fac One.)
oughs, he said, and the governor
ssumefl the responsiDiuty in grain
McNeny Examines Governor.
An attempt was made on cross
xamination to have him testify
hat furloughs were frequently
tranted without formal application,
but he refused. v
When Governor McKelvie as
called. Bernard McNeny of Red
fcloud conducted the questioning,
nd on several occasions the gov-
kxnor lost ' his temper.
The trovcrnor testified that he
vas under the impression that Kirk
vas imprisoned for robhery and not
nurder. He stated that he received
his-impression during a half-hour
alk. with attorneys Peterson and
Questioned closely on this con
versation by Mr. McNeny, the gov-
rnor testified that he man t re
member what was said in regard
o the nature of Kirk s crime, lie
Idmitted that he did not inquire
pecifically of the crime as he
Planned having an investigation
Did Not Know Sentence.
Asked ft he did not consider it
ather careless not to inquire, when
man was sentenced to 20 years in
h penitentiary, he answered that
ie did not remember of knowing
he sentence as he was not making
he inquiry personally.
He stated that at the time he
kas busy and not taking the initi-
ltive"in the case. The governor
aid he turned the probe fiver to
E. M. Johnson and knew nothing
bout Kirk's record. It he knew or
kirk's participation in the Omaha
:nme at the time he said he had
orgotten it when thje furlough
luestion came up.
The governor. testified that he was
hi tb.e impression that Kirk, did
lot participate in tne roDoery ana
hat he knew nothine of the murder
When he ordered the investigation.
Attempt to Place Blame.
Mr; McNenv remarked that it
Ivas strange that he knew nothing
f -the facts of the case atter a
alf-hour conversation with Peter-
on and Devoe. .
"I fear vou credit me for not hav-
ng very sound business judgement,"
he governor saia. ,
"Someone is to blame and we
kant to know whether it is you
W someone else," Mr. McNeny re-
The srovernor testified that six
vecks elapsed after his conversa
ion with Peterson and Devoe,
vhen, on returning from the east,
he furlough was called to nis ai
ention by Senator Bushee. He said
hat a few davs ' before Attorney
jDevoe had spoken to him of it in
nassinar wav. but that he thought
lothinar of it and said that Sen
ator Bushee was responsible for
lis actions and that anything he
Hid was all right.
DicVNot Approve Release.
Senator Bushee had previously
estified that the furlough was to
e approved by Governor McKelvie
efore it was presented for Kirk's
The srovernor said he did not
now a murderer had been released
knd when Senator Bushee told him
pL his action he told him it was all
ight ashe (Bushee) was responsi-
e. He said he had forgotten all
kbout ordering Mr. Johnson ta make
a report and told Senator Bushee
lothing about it.
Senator Peterson when recalled
testified that Mrs. Kirk had never
mentioned Senator Bushee to him
ar he to her in any conversation.
Explained Kirk's Crime.
He insisted that he made it plain
io Governor McKelvie the nature of
irk's crime. He said he and his
artner and the warden of the pen
itentiary all told the governor Kirk
as sentenced tor murder.
The Johnson report was never
ooken of again between him and
he governor, Mr. Peterson said.
e explained this by the tact that
he considered it a personal report.
He said he never told Mrs. Kirk of
she furlough until just before Kirk's
release, as he wanted the governor
So know of it.
I Mr. McNeny asked Senator Peter
son if he thought it possible 'that
jhe talked with the governor half an
pour and he would not know Kirk
jwas sentenced for murder. The sen
ator replied that he could not tell
(what the impressions of the gover
nor were. He said, that most of the
Jtime was spent in reading state
ments and considering new testi
mony and it was possible he did not
kmnhasize the fact that Kirk was
(sentenced for murder. He was pos
itive, however, that he told the gov
ernor the nature of Kirks crime.
A. P. Nickerson, state bank ex
aminer, testified tnat he had ex
amined the depositors' ledgers in
all Lincoln banks and that Peter
Ison & Devoe had accounts in but
one, the Central National.
Facts Not Discussed.
Attorney General Davis spent 15
minutes at the close of the hearing
in discussing the law bearing oa-the
case. He contended that the sys
tem of granting furloughs is illegal,
j E. C Strode, attorney for Peter
son & Devoe. soent 20 minute in
discussing the case. He contended
,thj action was legal and if it was
not, all other attorney's general had
placed a wrong interpretation on
Neither the attorney general nor
Mr. Strode discussed the facts
(brought out in the case." -The
commission announced that
.the public sessions were over and
that the case would be taken under
advisement. They will meet again
Thursday morning and may make a
report, although they considered it
Abbott Not Summoned. .
Ray J. Abbott of Omaha was not
subpoenated to appear before the
commission, according to Cecil La-
verty, assistant attorney general.
Mr. Laverty declared that those
conducting the probe into the Kirk
scandal were disappointed witii the
attitude taken by Mr. Abbott with
regard to the hearings.
Mr. Abbott's importance as a wit
ness hinges upon a letter, purported
to be from him ursine: release of
Beryl Kirk sent to Governor Mc-
JC1VIC, UUI Uljfaici luusijr sckuitu ijr
Attorneys Peterson and Devoe, upon
which Senator B, K. Bushee testified
he based his action ( in ordering
Repudiated the Letter.
Before the hearing opened Mr.
Abbott repudiated the letter, stating
that it was not signed with his sig
nature and that the letter introduced
in evidence was not the one he
wrote and sent to 'the governor,
bringing out several features of the
original letter which he said were
not in the copy offered.
At the hearing, however, he testi
fied he had written a letter and that
the one offered in evidence was
probably the, letter he wrote.
In an announcement in The Bee
last Sunday, Mr. Abbott said that
he would appear before the com
mission at its reopening of sessions
this week, and stated that he had
written a letter to the attorney gen
eral asking permission to testify. He
said he had found the original letter
he wrote and that the one in evi
dence was not his letter.
Mr. Laverty declared this morn-.
ing that the signature on the letter
was compared by officials in the at
torney general's office with signa
tures of Mr. Abbott of official docu
ments in the files o.' the supreme
court, and that the officials were
satisfied that it is the same signa
ture. Says Promised to Appear.
" Charles A. Goss, of Omaha, mem
ber of the state bar commission,
and recently nominated by lawyers
of Douglas, Washington and Burt
counties for consideration by the
governor for appointment to the
district bench, stated today that
he had called Mr. Abbott by tele
phone Monday night and asked him
if be would testify at the hearing.
Mr. Abbott told him he would,
he said, whereupon he advised Mr.
Abbott to appear Tuesday, but that
Mr. Abbott then said he had a case
to try before the district court and
would arrive in ' Lincoln Wednes
day. He stated he had found the orig
inal of the letter in question in the
files of his office, but that Judge
Sears now had it, and that he would
secure it from him.
Bank Robbers May Have
Escaped by Airplane
(Continued From Page One.)
that afternoon, and a young niece
and nephew testified that i their
uncles, Bill and Mike, were at the
Taxicab and garage men and a
policeman testified about a broken
down car which was a detail of the
alibi. . Criticism was heard only of
the failure of the accused men to ac
count for their time during the
morning and early afternoon of the
day of the Omaha bank robbery.
Identify William Finn.
A teller of the robbed bank then
took the stand and told how one of
the holdup men walked up to his
cage and how he looked past the
barrel of the big pistol thrust into
his cage and observed the features
of a man whom he is positive is
An Omaha taxicab driver identified
William Finn as one of the three
men who accosted him on the street
the night before the robbery and
asked him to point out a car that
might be stolen to make a getaway,
"after bumping somebody off or re
lieving a bank of some change." His
testimony linked with other state
ments indicated that two cars were
stolen the day of the robbery. An
other Omaha witness was used to
support the allegation that Mike
Finn was a member of the party that
took part in the holdup.
Stating that he could not conceive
how the testimony in support of the
alibi could he all untrue, Chief Eber
stein then asked for the continuance
until today, indicating that they
would try to be prepared with addi
tional testimony or ready to con
cede that the St. Paul men were in
nocent of the charge. .
To Heal a Cough
Take HAYES' HEALING HONEY. 35c.
Grover Bergdoll, Son of Dead
Brewer 'of Philadelphia,
Arrested After Two
Tb Careyi have divorced rheap and
inferior cleaning- of all kinds. They have
mo branches or agents, givf no dis
count. Think it over. You set the
benefit. Webster 892. We clean belt
and suspender for IS cent.
foot airdlhe grace
of your carriage by
wearing tKe shoe
that gives perfect
comfort and freedom
of action and that
eliminates the usual'
strain on the instep
caused by weak and flexible
The Arch Preaerrer Shoe h the
only shoe with an arch structure
strong enough to prevent foot
arches from stretcUog and break
ing down. ..
In thi handsome shoe the perfect
foot takes on even more graceful
lines, while the unhappy foot finds
in it a harbor of refuge and relief
fxom foot tortures. , Sold locally by
Drexel Shoe Co.
1419 Farnam St.
Philadelphia, Jan. 7. Grover
Cleveland Bergdoll, wealthy son of
a former brewer, and charged with
being a draft dodger and deserter
from the army, was captured today
while hiding in the residence of his
mother. Tonight he is a prisoner
on Governor's island, in New York
harbor, awaiting trial by court-mar
The capture of Bergdoll, whose
brother. Erwin, well known auto
mobile racer, still missing, also is
charged with dodging the draft, was
as sensational as has been his career
l the last five years. Over a dozen
federal and city officers participated
in the raid. Resistance was ottered
by the mother, Mrs. Emma Berg
doll, who threatened to shoot the
officers and was disarmed only after
She was held in 510.000 bail on
charges of assault and battery with
intent to kill and conspiracy to pre
vent the execution of search and ar
rest warrants. Bail was furnished
by her son-in-law.
Disappeared in 1917.
Grover Bergdoll disappeared in
August, 1917, and search for him as
an alleged draft dodger was made
all over the United States and Mex
Mrs. Bergdoll threatened death to
any officer who entered her home
when they appeared today, federal
agents said, strategy was used and
the front and rear entrances were
forced at the same time. A search
revealed Grover hiding in a window
box seat on the second floor.
Atter a preliminary! hearing nere
Bergdoll was taken to New York.
'Tin glad 1 was captured, berg
doll declared. "I have traveled all
over the country since 1917. After
shipping my machine back home, 1
went out to the Pacific coast, spend
ing considerable time in San Fran
cisco, San Diego and Los Angeles.
I bought a new car and went to
Omaha and motored all over the
west. Then I came east."
Father Is Not Alive.
Grover BergdoH's father is dead.
The young man was much in the
public eye before he was accused
of draft dodging. The owner of
fast automobiles, he was several
times placed under arrest and
heavily fined for speeding and reck
lessly driving his machine. He was
in numerous collisions, in one of
which six persons were injured.
Later he took to aviation and was
charged with the police with flying
too low over the city.
When he was drafted, Grover is
alleged by the federal agents to have
declared he would never fight
against Germany, though he was
born in this country. In m4 he of
fered his services to Germany as
an aviator through the local German
If not cracked, a frozen egg can
be thawed and restored to useful
ness by placing it in ice cold water
B The Bali-Bearing
Special Bargains in
Used Machines; on
One for $5
One for $7
One for $10
15th and Harney Sts.
General Pershing Is
W . e ". T 1 Ition at
Guest of City loday!4:i5 p.
Ex-Senator J. H. Millard,
comes an American Letrimi
(Continued From Fag One.)
Mrs. F. A. Brogan and Miss Jessie
Millard will also be on hand to greet
the general's sisters.
The general and his staff will be
escorted to Fort Omaha by Colonel
Wuest for an inspection of various
branches of the service there. He
expressed keen interest in inspecting
Fort Omaha during his stop here last
Saturday, and all is in preparedness
tor his arrival.
Will Christen Hangar.
A luncheon in the general's honor
at the Chamber of Commerce will
begin promptly at noon. John V.
Gamble will preside and introduce
General Pershing, who is expected
to make a short speech. Miss Per
shing and Mrs. Butler will occupy a
separate table with the woman's re
The big vent of the afternoon will
be the general's visit to Ak-Sar-Ben
flying field, Sixty-third and Center
streets, where the first mail carrying
plane, a forerunner of regular air
mail service, is scheduled to arrive
at 2. When the great plane, which, at
the last minute Pilot Walter J.
Smith chose to fly, soars into view,
bearing 400 pounds 6f mail, the field
will present a gala day appearance.
Flags will be flying, a band playing
and a number of notables, including
Otto Praeger, second assistant post
master general; Col. J. A. Jordan, in
charge of extension of air mail serv
ice, and General Pershing himself.
Trucks for Mail.
Trucks from the postoffice will be
waiting to carry the mail away for
distribution. The plans is a win
motor De Haviland of powerful
type, and Pilot Smith, who flew the
trail-blazing plane here Monday,
hopes to make a new record for
time in his flight todav. He 'will
leave Chicago at 8:30.
rollowing the air mail cere
monial a private reception will be
extended the general at the home of
tion at the Army and Navy club at
ni., atter which the general
allowed to rest until h. whrn
he is to attend a bannuct at the
Frank II. Gaines will preside at
the banquet and introduce the geiv
eral. Mr. Praeger and Colonel Jor
dan will also be guests at the baii
quet. The general will remain at
the club until he leaves at 10:30.
During his stay in Omaha the
general will have the car of Nels
B. Updike at his disposal.
Discover New Star,
Cambridge, Mass., Jan. 7. The
discovery of a new star bv the Har
vard observatory, the 35th in the
history of astronomy, is announced.
Admits He Made Talk
To Court House Rioters
(Continued From Face One.)
a nigger lover because he hired n :
nigger to run the elevator in the ;
jail," Nethaway testified. I "I said j
there was only one thing to do and j
that was segregate the niggers and j
have Jim Crow cars for them."
"You weren't doing this to incit I
the mob to go after the negro?'' i
asked Mr. Shotwell.
"No, I didn't think they could get
him," said Nethaway.
Says Boast Only a Joke.
"Did you tell Mr. Anderson, the
postmaster of Florence, that you
fired three shots into Brown's
"Yes, I said something like that,
but it was just in a joke," Nethaway
Nethaway testified that he didn't
know there was a riot until he took
the street car to go downtown to a
theater at 7 o'clock. When he and
his wife reached Sixteenth and
Douglas streets she went to a thea
ter and he went to the riot scene.
Nethaway said he has lived in
Florence and Desoto, Neb., for 18
years, being in that time sucessively,
a grocer, a farmer, an insurance man
aud a real estate dealer.
He was on the witness stand two
hours. Completion of his testimony,
will be "reached this morning and
the case probably will be given to
the jury this afternoon.
Testify for Defendant.
H. W. Harrington, merchant; E.
J. Lazure, grocer; R. H, Olmsted,
lawyer, and Dr. W. O. Akers, all
of Florence, were "reputation" wit
nesses for Mr. Nethaway.
Under cross-examination by Mr.
Shotwell all admitted that they
had heard as many people speak
against Nethaway after the murder
of his wife, as they had heard speak
for him. Dr. Akers said, however,
that since conviction of the negro
for that crime, three-fourths of the
people of Florence speak well of
The large number of negroes
present at the trial was commented
on .yesterday. About one-fourth of
the audience was made up of
negroes, men and women.
"Nethaway is known to be one of
the principal trouble-makers, for
the colored people," said one ne
gro. "He is constantly raging
against colored people, and adver
tising bad negroes as typical of all.".
"Are any of these negroes here
relatives or friends of Charles Smith,
the negro convicted of killing Neth
awav's wife?" he was asked.
"Not that I know of," he said.
"Smith was not an Omaha negro."
Prisoner Takes Notes.
Nethaway pays little attention to
the crowd. He busies himself mak
ing copious notes of evidence and
consulting with his lawyer.
His sister, Mrs. Bclding, was in 5
the court room yesterday. His sec
ond wife was not present. Nethaway
married Miss Stella Bump, Decem
ber 2, 1918. His first wife was mut
dered August 26, 1917. ' i J
Chiff of Detectives John Dunn
was a witness yesterday morning, .
He said he saw Nethaway on the
Harney street side of the court hous 3
during the riot of September 28.
A. C. Anderson, a detective, testU
fied that he heard Edward Wood"
ruff, a man indicted with Nethaway,
making a violent speech near tin
south entrance of the court honse,
.Frank Raun, 504 Bancroft street,
testified to seeing the mob gather"
inj? at the Bancroft school Sunday;
1 1 1
For 71 Years
One of America :
In One of Our Windows
we are featuring two Emerson Pianos. ONE
OF THEM was made before the Civil War a
nineteenth century Emerson. All over this great country
of ours you will find these old-fashioned Emerson Square
Yes! So good that their owners treasure them. So
good that their owners are the hardest kind of prospects
for a new instrument of any make.
THE OTHER ONE has been made since the World
War. A twentieth century Emerson of modern, last
minute design artistically proportioned, beautifully
- Yes! So good that it is the only Piauo for which
the owner of the old Emerson Square would exchange.
Is there anything more significant of the quality and
splendid durability of these wonderful instruments?
138-1313 Farnam $t.
Pure Wool Army Underwear
Buy 2 or 3 suits; you'll never
have wool underwear, per
fect shape, no holes or tears,
sterilized and laundered by
the U. S. government, of
fered again this cheap.
Drawers, 30 to 38 shirts,
34 to 42.
Olive Drib Army Shirts
These are shirts with small
defects, all repaired. Were
sacrificing them to clean up
the lot. Sizes, 14 to 162
Dyed Army Overcoats
These are in dark blue and
j brown and complete with
buttons of that fine army
quality. Sizes 40 to 42. .
Scott Army Goods Store
Omaha ! ' South Omaha Council Bluffs
While They Las I
Irish Linen Cloths
A disposal of
$12 cloths (2x2 yards)
Thursday for $9.75.
S13.75 cloths (2x2 yards)
Thursday for $10.
$17 cloths (2x2i2 yards)
Thursday for $12.89.
S20 cloths (214x214
yards) Thursday for $15.
, Odd Patterns in
Fine Irish Linen
$12 Napkins (20-inch)
for $8.89 a dozen.
$12.75 Napkins (21-inch)
for $9.89 a dozen.
$13.75 Napkins (22-inch)
for $11.89 a dozen.
$17.50 Napkins (22-inch)
for $13.89 a dozen.
A $2 quality, 72 inch-
wide, for Thursday, $1.7f
20 discount on
our Fancy Linens.
For the woman who'
desires finer apparel
for muchlower prices
Not sale garments, but the entirety
distinctive clothing which we offer at
the opening of each season. Styles
with an originality that is not bizarre,
and fabrics that are as dependable as
they are charming, have been fash
ioned into apparel of which you'll
Prices from 20 to 50 Lower
Furs, Coats, Suits
Dresses for Daytime
Blouses for All Occasions
Apparel Sections Third Floor
Silk or cotton lingerie which has become
soiled or rumpled from display before the
holidays, and has been underpriced and is
offered on Thursday at remarkably low
Muslin and nainsook gowns with necklines
high or low and sleeves either long or short,
have been greatly reduced.
$3 gowns, $2.19.
$3.50 gowns. $2.69.
$4.25 anc1 50
$5 and $5.25
$7.50 gowns, $5.98.
$9 gowns, $6.98.
Combinations, envelope chemise, drawers, cor
set covers and bloomers of muslin and nainsook
have also been reduced for Thursday.
Silk Lingerie Has Low Prices
Crepe de chine, satin
and trousseau silk
gowns have the follow
ing prices :
$4.75 quality, $3.79. .
$6.50 quality, $4.98.
$7.25 and $7.50
$8.25 and $8.50
$10.75 quality, $6.98.
$11 quality, $7.98. ......
$11.50 quality, $7.98. - .
$14.50 quality, $9.98.
$18 quality, $11.
- Lingerie-Second Floor
Women's Fine Shoes
Decidedly Reduced in Price
An opportunity such as is seldom pre
sented, for these are the best of styles
all at a saving.
A choice of our entire stock of shoes
in dark brown, field mouse and black
kid patent leather and suede. Every
one new and fashionable and in good
Regularly $15 to $18 Thursday $12.85 a Pair
Five hundred pairs of desirable shoes
but in broken sizes colors, com
binations and black.
Sold formerly up to $15 a pair.
Thursday only $6 a pair.
Black kid shoes with military and
Cuban heels are all reduced 20 in
One hundred pairs of shoes in small
sizes in button styles only. One
pair of a kind. These are wonderful
bargains. Of 'use only for home
Thursday your choice, $1.95 pair.
(No fittings on these $1.95 shoes)
All Sales Final
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