. -
THE OMAHA SUNDAY BEE: MARCH 21, 1920.
NEWBERRY AND
ID OTHERS ARE
: POUND GUILTY
Senator Who Won From Ford
In v Michigan Sentenced
To Prison and 69 De-
. fendants Freed.
Contlntwa Fn" FJrst Face.)
Juncheon and then the senator and
his l&y associates were brought into
ctourtiagam. jncws ot tne convic
tion had spread 'around the city and
the room was jammed. 1
Ordered to stand before -the bar,
the men ranged themselves in a
crescent, the senator on the left and
Vita KiKntfiPf nYt
.; The 'stir of ranging the men be
fore,-the bar had dtea away to
absolute stillness. In quiet tones
' Inli.. C.nlnni sctrvrl if SHV of the
meniwished to say anything before
sentence was pronounced, incjr
stoodVmute. Then the court, in
eventvoice, read the time honored
formula of sentence. -
"Troman H. Newberry, in your
case it is the judgment of the court
that "jfou be confined in the peni
tentiary at Leavenworth for' the full
ttmend period of two years and
be find $10,000," said the judge.
t$ Stillness At Verdict
fja-iont stirred as the audience
' caught' the words that showed the
judged had addressed against the
t principal defendant the heaviest
sentence allowed by the law.
There was a deep breath or two
audijjhs as the same measure of
justice, was meted out to King and
CodyC One or two of the defend
antstirred a bit when Floyd was
given slightly less severe penalty,
but each succeeding sentence, to
prison or heavy fine was received
in stoical silence.
Immediately after the sentences
had been passed Frank C. Dailey of
Indianapolis, special assistant at
torney; general and chief prosecu
tor of the already famous case,
wiped'the slate clean by moving the
dismissal of ten of the 135 respondents-'
the indictment who had
pleaded "no contest." He also
' moved the discharge of Elmer E.
White of Traverse City, who was
givcrf'?a severance because of illness
and f James Dailey, a Muskegon
contractor, who went to South
America on business before govern
ment officials served him with a
; warrant.' -
Nnicly days were granted the at
torneys for the convicted men-, in
which to perfect an appeal. Then
court' adjourned,
IRlame Defense Testimony.
, vh'ile" the "jurors said 'they had
agreed not to discuss their dolib-
; erations, the rule did not hold good
after they had been released from
servi.ee. Several said that the de
fense' testimony .itself was ; largely
responsible for the adverse Verdict,
-particularly King's statement on the
stang' that he had warned Newberry
in New York that the campaign
would cost at least $50,000.
It -was also learned that in view
of tois testimony and the numerous
letnf's between, King and Nsw
berryf introduced by the defense to
shov$ patriotic motive and innocent
intent in the campaign, the jurors
had too difficulty in agreeing yester
dayjthat a conspiracy had existed.
"With.this as a basis they started to
ballpt on whether all the 85 defend
ants twere guilty and stood at 9 to 3
all tfay Friday on this proposition.'
Early, today this vote jwas changed
to -aft- to X but when a deadlock
loomed as a possibility, the ma
jority' agreed not to attempt to con
vict .the minor defendants. One vote
onlyiyas taken on Newberry. It
was 12 to 0 for guilt
Indicted Last November.
The grand jury returned the m
dicttripnts November 29, naming
Senator Newberry and 134lothers,
including virtually every man con
nected with the campaign. The list,
v hontever, was narrowed down to 85
aftep' the trial got under way.'iribre
thac" eight weeks ago. Some were
dismissed on motion, of Prpsecutor
,Daihsy and some voluntarily by the
' court , .
' Testimony was . -concluded ,ne
wedfe ago, the prosecution having
occupied five weeks in presenting its
proofs, while the defense used less
thanS1 two. Arguments occupied
-tnuh;of the last week.
The chief burden for the defense
i -was borne by Attorneys James O.
Mur,fin of Detroit. Martin W. Lit-
tleton: of New York and George
Nioliols of Ionia. In addition per
. sons! counsel for individual defend
ants' nutnbered-more than 35. The
government's -rase was conducted
byPrank C Dailey and William H.
- Eicbhorn of Indiana and H. Dale
Souter of Grand Rapids.
Court stenographers reported
when' the case went to the jury that
the'rqeord contained 5,312 pages, av
. eraging 250 words a page. , . ,
-j Newberry StttementTf
.. Senator Newberry.: announced he
would "continue to represent in the
' United States senate the people
who elected me." ,
Tne senator said:
- fl" am proud of the fact that
the, record in this case contains
nothing of which I need be
ashamed.
' "No proof of fraud, bribery, or
othe despicable crime was pro
duced and I was convicted under
a htw that is not (horoughVy
understood and whose interpreta
tion' by the -court is open to fur
V thejfv adjudication. Under the
charge I was made a conspirator
tf I-had knowledge that my cam
- paign was going to cost others
thast myself more than $3,750.
Tha$, to my mind, is the nut of
the ;whole thing.
"Being conscious of no crim
inar,conduct unless after confer
- enc with my senatorial associates
thev deem it inadvisable. I will
continue to represents in the s
'United States senate the, people
wh, elected me. I have no, per
sonal wish to crowd myself into
the '"senate but I will continue to
hold-5 my membership until the
sertate itself or the highest court
in 'the land decides otherwise.
.Whether I shall continue to ca
.. ercise, my. - functions as-a sena--torpsdjng
these, determinations, ,
depends npott'ih? advicV. of "
other senators as I have stated."
. History of Case.
. Troman H, Newberry was elected
United States senator from Michi
gan by a majority of 7,567 votes
over Henry Ford, according to the
otiicjal . report ot the state canvas
sing',,board.' The, figures , announced
were: ' 1
Newbtrry, 220,054; Ford, 212,487,
one of the' closest races ever re
corded . in "a Michigan senatorial
election. First formal charges of ir
regularities in the 1918 cam
paign came January. 6, 1'1S,
when Henry Ford filed with
the senate an appeal for a recount.
He alleged improper use of mails
by the Newberry campaign com
mittee, intimidation of voters, .in
proper rejection iof ballots and
charged that at least 10,000 ballots
were unlawfully counted for New
berrv. He charged many election
boards included intense partisans of
Newberry. Charges of fraud and
corruption also were made by
Lieutenant Governor L. D. Dickin
son, and it was on these charges, ac
cording to the federal Department
of Justice, that the grand jury in
quiry was ordered.
ora Declines uommeut.
Detroit. March 20. Henry Ford.
democratic opponent of Truman H
Newberry 'in 1918 senatrilal cam
paign, declined to discuss the con
viction of Senator Newberry and
his associates tonight. Asked for a
statement. . Mr. . Ford said he had
nothing to say at this time, either
as7 to the Newberry case or the
forthcoming recount of ballots cast
in" election. - "
Conviction of Newberry
Does Not Invalidate Seat
Washington, March 20. Convic
tion of Senator Newberry by the
Grand Rapids jury does not in
validate his seat in the senate, re
publican leaders said today.' He
will be entitled to retain office, they
declared, until the senate itself acts
on the charges filed by his op
ponent, Henry Ford.
A subcommittee of the elections
committee, headed by Senator Wat
son, republican, Indiana, now is
awaitincr a conference with counsel
for Newberry and Ford, regarding
procedure in the. senate investiga
tion of the charges.
Whether Senator Newberry, in I
view of his conviction will continue
his duties in the senate pending a
final decision of his case by the
courts is a matter for his own dis
cretion, senators said.
Senate leaders had been advised
by Mr. Newberry that in event of
conviction he would carry an appeal
the United States supreme court
11 necessary.
Conviction a Shock. v
Conviction of Senator Newberry
was a shock to his. colleagues in, the
senate, who had expected that the
jury would acquit or disagree, at
least so tar as Mr. Newberry, the
principal defendant, was concerned.
boon after- news of the verdict
had been received. Senator Watson
of Indiana, republican chairman of
the subcommittee of the senate elec
tions committee, which has been -investigating
the Ford - Newberry
election, announced that the 'sub
committee would meet Tuesday to
begin av recount ot the ballots.
Ihe subcommittee will appoint
deputies to make the recount, and
representatives of Mr. Ford v and
Mr. ' Newberry will be present
throughout. The recount has been
delayed because Mr. Newberrys
counsel was engaged in the trial at
Lansing. - . t.
The recount is to be made under
the senate's authortiy to determine
whether Mr. Ford or Mr. Newberry
was elected.
Thinks Deportation of "Reds"
Saved U. S. From Revolution
New York, March 20. Only the
recent "red" raids, and deportations
of alien radicals saved the United
States from "an organized attempt
at revolution," Representative Al
bert Johnson of Washington, chair
man of the house committee on im
migration, declared in an address
Here.
He said a law to "provide punish
ment for wilful incitement to sedi
tion would do more than anything
else to make conservatives feel safe
as, to the future and let the radical
element know just where it can go
without getting beyond bounds."
The greatest misfortune the
United "States has," he continued,
"lS that aliens here from all the
countries participate in our political
affairs." Such participation, he add
ed, is a right which should belong
only to citizens.
Loner life is claimed by its French
inventor for a dry battery .that is
sealed with a zinc cap connected
with the zinc shell instead of the
usual wax covering.
Dr." Secor, Dentist 1st Nat Bk.
Bldg. Adv.
ARMY MEASURE
FIXES STATUS OF
GEN. PERSUING
Present Office Will Cease to
Exist Upon Death of Com
mander," Says Repre-
sentative Kahn.
Washington, -March 20. (Special
Telegram.) Discussion of the army
reorganization bill, now that it has
passed the house, has brought a re
vival of interest in the status1-of
General Pershing as pertains to his
rank, pay and allowances. Repre
sentative Julius Kahn, of California,
chairman of the military affairs
committee' which drafted the new
legislation, said that General Persh
ing's status was fixed in the legislation.
"There seems to be an impres
sion that his office is ' abolished.
That however, is. .erroneous," said
Mr.. Kahn. "Upon the death of
General Pershing the office -ceases
to exist, so that no general will be
appointed This follows the pre
cedent that has been established in
the case of Generals Grant, Sher
man, and Sheridan, the only three
generals of the army who had held
that exalted position up to the time
we entered the recent conflict."
Would Make Changes.
Speaking of the general features
of the bill, Mr. Kahn said: "If I
could have written the bill, I would
have changed quite a number of its
details. In the first place I woull
have had a section on universal
military training. I believe this
country, in order to defend its right
and interest in the future, ought to
depend ' upon trained citizens - who
could come to the colors in any
emergency. .
"However, the bill contains many
features that are the outcome of
experiencesin the war. The flexi
bility which the measure allows
will prove invaluable, ot only in
times of peace, but alsoin case of
war. '
."The strengthening of the general
staff is a splendid feature. The
establishment of a staff, school is a
J I
4t
Herci They Are
The Latest Hits Right Off of
Broadway.
tVe have just received a com
plete stock of
and
IMPERIAL
' Player Bolls V
"My Isle of Golden Dreams"
Waltz J..,. W25
"Venetian Moon" Fox trot, ballad
$1.25
"In Your Arms" Fox trot, $1.26
"Just Like a Gypsy," from "La
dies First"
"Dardanella" Fox trot $1.00
"Bye-Lo"
"When My Baby Smiles" Fox
trot ... MM
"You'll Never Know" Fox
trot .... ......$1.00
"How Sorry You'll Bee $1j00
"Patches" $1.25
I and
"Bola Bo" that jazzy Egyptian
fox trot $U5
Schmoller & Mueller
"sar Piano Co. D;&"
114-116 8. 15th St.
distinct advance in- the military
program. The consolidation of a
number of the supply departments
will probably result ia the saving of
considerable sums on account of the
reduction in the overhead expenses
and decreasing the officer person
nel. -
Tells of Disadvantages.
"The establishment of a chemicai
warfare department and the divorce
of the air service from ffie signal
corps are distinct advantages. The
building up of a proper flying corps
is essential to any army organiza
tion which this country - might
create. We were woefully behind
the rest of the world in this par'
ticular. Even before we got into
war, when our war department
officials learned what-an important
part aviation was playing in mod
ern warfare, they failed to take ad
vantage of the situation, and build
up a proper ' air service. The bill
will allow the expansion of the
heavier and lighter than air ma
chines and balloons, so that if ever
again we have to unfurl our battle
flags, we will not be so helpless in
the air as we were, at the beginning
of the great World war."
Osborne Enters Prison to
Try Out His Welfare System
Portsmouth; Nl H., March 20.
Lieutenant Commander Thomas
Mott Osborne, who has resigned as
commandant of the naval prison
here, will spend his last days at
Portsmouth as a voluntary prisoner.
He registered as "Tom Brown" and
announced that he would remain in
confinement until he relinquishes
command next Tdesdav. as a final
test of his welfare system.
Before he assumed command of
the prison three years ago, he
served a voluntary sentence, cutting
j i 1 ... .
ice ana coating snips witn prisoners.
He also submitted to the prison
haircut. '
Wood Praised Pershing
In a Letter in 1898
(Contlawd Wnm Fin Fa.)
position to which he may be ad
vanced will be filled with ability.
"Very respectfully,
"Your obedient servant,
x "LEONARD WOOD,
"Brig. Gen. U. S. Vol. Comdg,
Santiago de Cuba."
Time plays strange pranks upon
the, fortunes of men. Thisleiter
from General Wood recommending
Pershing to the adjutant general of
the army was written 22 vears ago.,
Since that time General Wood has
been advanced one grade, while the
young officer about whom he wrote
has been advanced from a lieuten
ant's Tank to that of a full general.
Pershing's greatest promotion
was aiven him hv. Theodore Roose-
vc't, 'who advanterthim from the
rank of captain to that of brigadier
general. -
. McClure's Magazine in an attempt
to set at Roosevelt's attitude as to
certain of the men who may be
nominated' by the' Chicago conven
tion says: , 4
"One thing which annoyed Roose
velt was the people's persistency in
believing that it was due to htm
that General Wood owed bis big
jump in the army, and to the peo
ple's confounding the case with that
of Pershing.
"The man they are thinking of,'
Roosevelt used to say, 'is Pershing.
It was he I jumped over the heads
of several hundred other army offi
cers. I would do it again, by thun
der, if the same occasion arose.
Wood goti his big jump from Mc
Kinley, and all he ever gave him
were promotions due him in the
usual course of seniority. I have
tried a hundred times to. straighten
this out in the public mind, but I
doin't suppose I will ever succeed.
The public seems to want to believe
this myth.' "
Washington Sees Big
Fight Coming Between
Bryan and ; Hitchcock
.
By E. C, SNYDER
Waxhtaf ton Cnrrrtpondent Omaha Bm.
Washington, March 20. (Special
Telegram.) Petitions filing the
name of Gilbert M. Hitchcock as a
caididate-for the democratic nomi
nation for the presidency, 'with a
full list of delegates accompanying
it, and the filing of the name of
Arthur Mullen as a candidate for na
tional committeeman, has caused
considerable comment in Washing
ton. The ' Evening Star discussing
editorially Senator Hitchcock's po
sition, says: "This deliverance of
the Nebraska senator will greatly
increase interest in the contest in
that state for delegatees to the
democratic convention. The friends
of the senator want the delegation
pledged to his campaign for the
presidential nomination, while Mr.
Bryan, who aspires to a place on
the delegation, frankly declares that
if instructed to vote for the senator
he will not obey instructions.
. "Wet influences all over the coun
try were already mustering against
Mr. Bryan, but they will muster
with the greater energy now, if they
think they can defeat his aspira
tions and bar the doors of the con
vention against him except as a vis
itor, . They will consider that they
have gained a point if they succeed
in banishing him to the gallery of
the convention hall, or in chaining
him to a reporters' table.
"But likewise the dry s will muster
for him, and so the .Nebreska con
test between these two democrats
becomes of more interest and im
portance than any other contest for
delegates to San Francisco now in
progress in the country."
Lake Michigan Gives Up
Body of Dead Woman
Chicago. March 20. Old Lake
Michigan is beginning to give up
some of the secrets held in its ice
locked bosom all winter. The body
of an unidentified girl, about v 20
years old. was discovered in the
frozen sand at the Oak 'street bath
ing beach. At first there was a be
lief it might be the body of Miss
Jeanne De Kay, the heiress, who
disappeared from Hull house
Christmas 'week and of whom lot
the slightest trace has been found,
but examination proved this bcHcf
wrong, v j
It is recalled that an unknown
girl walked out over the ice hum
mocks last winter until she came to
an 9pen space, when she plunged
in, her body disappearing under
the ice.
A few weeks ago another woman
walked 'rapidly out over the ice
until she came to an airhole when
she plunged in. Her body was
never recovered. '
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The youth ot our women, is more lasting-
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the cause is a loosening1 of the skin and
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1324 Farnam St. 'TCorner 14th and Farnam
Phone Douglas 2872
in old Ivory or American Walnut 1
as illustrated
The construction and finish of this suite will commend "itself
to the' most critical. It is one of the most commendable of the new
suites nw being received. The prices quoted below reflect an
early purchase and are considerably under the present market. It
is advisable to act early.
The Dresser, as illustrated. ...-............ ..$57.50
Dressing Table ...........1847.50
Chiffonier, as illustrated . .... .-. 856.00 I .
Bed ............$56.00
One of several new bedroom sets that are not expensive.
.a Newby Walnut Suites as illustrated
s This suite as illustrated is in excellent taste, obtaining its
beauty from the satin rubbed surfaces and finely marked woods,
the burl inlays and the discreet use of mouldings. Great care is
apparent in the selection of stock, the finish and the attention to
detail. Prices as follows:, ; .
Dresser with 23x48-inch case and 28x36-inch v
, mirror $148.00
Chiffonette, extra large and roomy, for..... .$105i00
Dressing Table , .v. .$98!00
Twin. Beds, each $80.00
h Rocker . ...... . . . . . .$22.00
gla a; $21.00
Night Stand v $20.00 '
Ask to see the Or-Wi-Co. Mattress l'TZfS & $25.00
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AXMINSTER RUGS
A ' reliable wearing quality is ' of
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Other sizes in proportion.
WILTON RUGS
During the last week the shortage of
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LINOLEUMS
Two carloads of linoleum have just
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ORIENTAL RUGS
a Particularly Strong Showing
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The collection includes Mahals, 'Anatolians, Ispahans, Kermqnshahs, Royal Saruks, Araks, Chinese and many others
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