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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. ,1'KELVIE SAYS 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 ing tnem. 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 Devoe. 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 lade. 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- blied. 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 tlease. 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 the law. 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 unlikely. 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 Kirk's "furlough." 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 watch party. 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 William Finn. 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. WEALTHY DRAFT DODGER CAUGHT; MOTHERJIGHTS Grover Bergdoll, Son of Dead Brewer 'of Philadelphia, Arrested After Two Years' Search. j u "Careys Divorced" 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. o 1 Proiecl the Wufyofyour 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 shoe arches. 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 tial. 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 a struggle. 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 ico. 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 consul. ' If not cracked, a frozen egg can be thawed and restored to useful ness by placing it in ice cold water The World's Very Best Sewing , Machine B The Bali-Bearing Special Bargains in Used Machines; on Sale Thursday One for $5 One for $7 One for $10 NICKEL'S 15th and Harney Sts. Doug. 1973 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 Next recep (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 ception committee. 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 Omaha club. 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 body?" "Yes, I said something like that, but it was just in a joke," Nethaway replied. 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 Mr. Nethaway. 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; afternoon. .1 I I n I 1 i 1 1 1 of. 1849 1920 The Emerson For 71 Years One of America : Foremost Makes of Pianos In One of Our Windows This Week 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 Pianos. i I n i n I I I to Good? p. I n t I 1 1 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 finished. Good? - 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? I 1 J i i it I 138-1313 Farnam $t. OMAHA, NEBRASKA Special Garment Army Clothing 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 SflP I THOMPSON -BELDEN & COMPANY Exceptionally Fine Linen Values Irish Linen Cloths A disposal of odd patterns. $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. t in Napkin Reductions , 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. Imported Damasf' A $2 quality, 72 inch- wide, for Thursday, $1.7f a yard. 20 discount on our Fancy Linens. all Apparel Reductions. 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 approve. Prices from 20 to 50 Lower Furs, Coats, Suits Dresses for Daytime and Evening Blouses for All Occasions Apparel Sections Third Floor Thursday-aSaleo FineLingerie 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 prices. 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 gowns, $ $5 and $5.25 gowns, $3.98. $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 quality, $5.98. $8.25 and $8.50 quality, $6.49. $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 sizes. 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 price. 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 wear. f Thursday your choice, $1.95 pair. (No fittings on these $1.95 shoes) All Sales Final -it :
