Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 08, 1920, Page 2, Image 2
THE BEE: OMAHA. SATURDAY,' MAY .8, 1920. mi A 1 1 M ALLIANCE MAN HELD ON MURDER CHARGE ON STAND i Lawrence Lackey Testifies to His Actions at Time His Daughter Died of .. , Poisoning. ' ft (CoaUaoed From Flnt P.) town. A felloAy wanted me to shovel .ime snow and I did." Tell of Death. "How long did you work?" ' Until Albert came and told nic Pauline was sick and for me to come home." "What time was that?" '"About 10 o'clock or a little be fore." "Did you go home?" "I did." "What did you fund when you got home?" "I found Pauline sick on the brd." "Did she say anything to you?" "Yes, she wanted me to hold her hands and I did." ' t "Who else "was there?" "My mother and Wilma, Dr. Blak and a school teacher." "Did the doctor ask you anything about Pauline?" "No. he didn't. "How long did she live?" "She died about 11 o'clock." "Do you know what caused her Heath?" "I do now; I did not at that time." "Do you know where the poison ' came from that they say was in the 'tandy she ate?" ; "I do not." ; Explains Candy Purchase. . "What kind of candy was it?" "Soft chocolates." ' "When you bought the candy did ! you ask for candy with soft cen ters?" "No, I asked for soft chocolates, , because that was the kind I usually bought for the children." "The defendant testified that im mediately following Pauline's death 1 he wept to the telegraph office and , sent a message to his former mother -in-law, Mrs. Matty Kelly, at Heck la, Neb., telling of Pauline's death fcnd asked the operator to call Mc Cook, Neb., to get his former wife's address. He then sent a message Jo his former wife and she arrived in Alliance the next day, he said. "Where did you find vour former wife?" asked attorney Mitchell. "At the undertaker's where Pauline's body was," the witness replied. "After you left there what hap pened?" "We went to my brother Frank's house and she told me that, if I would get a place for her to stay, she would come back to me. We then made, arrangement to stay there and did stay there for three weeks." Refutes Brother's Testimony. "Did you know that your brother Frank had accused you and your mother of poisoning Pauline?"' "Yes, my mother had told me he had." ''Had Frank said anything to you about-it?" "No, he had not" The last answer was in direct con tradiction to Frank Lackey's testi mony Thursday. He stated that he had openly accused Lawrance and his mother of the crime and tltat he intended "to go to the bottofn of it." "Did you know that Frank was making arrangements to have you arrested?" "Not until December 31. He told xne that I was going to be arrested pretty quick." i "Did he say what for?" "No, he did not." "What did you do?" "I didn't do anything. They just tame and arrested me." 1 Daughter Sobs Testimony. With tears running down ber cheeks and her voice broken with Sobs, pretty 8-year-old Wilma Lac key took the stand in district court yesterday as a witness against her lather. . Wilma is an exceptionally bcau " tiful-and intelligent child with long, golden curls and big blue eyes. Dur- ing the first part of her testimony, . she was calm and composed. When her name was called as a witness, Judge Bayard H. Paine, who is pre j siding at the trial, called her to the benth and himself administered the ! oath and told her not to be afraid on the witness stand. She returned the judge's smile and took the stand. Tells Straight Story. On direct examination by Attor ney Eugene Burton, who' is assisting . County attorney tiayse in rne prose cution, she told a straightforward story of the events of the morning on which her sister, Pauline, died. She said she and Pauline started to school, accompanied by their, father, and that he gave them each a piece of candy a short distance from the school house. She said Pauline ate hers first and complained of its be ing bitter and that she did not taste btr, but threw it away. 4 She said about IS minutes after fcchool had taken up one of the bleachers called her into Pauline's fjoorn and that Pa,uline was very ifiVfr, Were her voice broke into -"Sobs- and the tears streamed down her cheeks. In a few seconds, how ever, she had recomposed herself and cpntinued her testimony, an swering the questions with an in telligence unusual in a child of her years. On cross-examination Attorney William Mitchell asked Wilma if her father had always been good to her and the other children. "Yes, he was always good to us," She 'said. "Do you know which was his 4a Vorite child?" aslced the attorney. "Yes, Pauline was his favorite," she replied. "But he liked me, too," she added, her voice again breaking and her eyes filling with tears, i "Do you like your father?" the attorney asked. i "Yes, I do." I "Do you think he meant to give Vou or Pauline poison?" I "No. I do not," Wilma answered. I "Did your father kiss you goodby that morning when he left you and Pauline at the school house? ' "Yes. he kissed us both goodby," she said. 64 .thai jheis fetfee had ncwS teAlM tore accompanied them to school. Preceding Wilma's testimony, Frank Lackey, brother of the de fendant, resumed his testimony for the state which began this morning, on cross-examination he was asked if he had not had trouble with the defendant over the payment on a check about two years ago. Hede nied that he had ever had any trouble with his brother. N On further examination the wit ness admitted that he had consulted the county attorney when he stis picioned his brother of the crime and had made, arrangements to have him arrested. Lawrence and his divorced wife had been staying at Frank Lackey's home for three weeks following Pauline's death, the wit ness stated. The defendant was ar rested at Frank's home January 2. "Why did you go to see the coun ty attorney? "Because Lawrence's former . ifc had accused mother of poisoning Pauline and I wanted the right party ! nished." "You vourself accused your moth er and Lawrence both of the crime at. first, didn't you?" 'Yes, at first, but after Lawrence t Id me about giving the candy to the children I thought he was guilty. 1 wanted to protect mother." Mrs. Frank Lackey, a sister-in- law of the defendant, testified that on the afternoon before Pauline's death Lawrence Tame to her house and left some candy for her own little girl and two pieces for his youngest child, Mary, 2 years old, who was asleep at the time. Her little girl, Francis, ate one piece of the candy and became sick, she testified. She put the rest of the candy in the stove, she said. She testified that the next day Lawrence again called at the house and askd if the child had eaten the candy. Albert Lackey, a nephew of the defendant, corroborated Mrs. Frank Lackey's statements and said that he stayed with Lawrence at the house of the latters grandmother, Mrs. Mary T. Lackey, the night before Pauline died. He said that imme diately following Pauline's death the next day Lawrence Lackey asked him to send a telegram to the lat ters mother-in-law, Mrs. Kelly, of Hecla, Neb., and tell her to ask his former wife to come at, once. He sent the telegram and the former Mrs. Lackey arrived the next day, he testified. Hal Gribble, meat cutter in the Mallery grocery store of Alliance, testified to having sold the defend ant candy the day before Pauline's death. He said the defendant asked for chocolate candy with soft cen ters. He said the candy he sold was taken from a wooden bucket, that several other customers purchased candy from the same bucket and did not complain and that he him self ate a quantity of it. After Paul ine's death samples of the candy were analyzed and found to be all right, he said. Mrs. Kelly, mbther of the defend ant's former wife,-testified that she had received letters from Lawrence a short time betore rauline s death regarding the children. A question of the admissibility of the contents of the letters, which she said she had sent to the defendant's wife, who destroyed them, arose and court was adjourned , until tomorrow morning, pending the decision of the judge as to whether or no she should be permitted to testify as to what the letters contained. Mrs. jiske Asks Kind Treatment of Animals As Economic Measure Beyer treatment by ranchers, of their range cattle and a perpetual boycott by women of furs from trapped animals, were urged yes terday by Mrs. Fiske, star of Mis' Nellie of N'Orleans," now playing at the Brandeis theater, when she spoke at a luncheon at the Chamber of Commerce. Mrs. Fiske explained that she is a member of a league that seeks the conservation of food animals and humanitarian treatment of all dumb beasts. Her organization found after 25 years' of effort, that efforts from the humanitarian standpoint alone bore little fruit, she said. They re organized and are seeking their ends through the economic aspect as well, at the present time. Bettef treatment of range cattle will save millions of pounds of meet yearly, Mrs. Fiske said. She quoted government figures that stated 4, 000,000 cattle and sheep perished on ranges last year. The abolition of traps in harvesting fur was pre sented to prevent suffering for animals caught. According to Mrs. Fiske, women in other cities have pledged themselves to use only furs known to be from fur farms. EX-SERVICEMAN FACING TRIAL IN COUNCIL BLUFFS i Acquitted of Murder Only to Be Arrested for Escaping From Jail After Gun Battle. George W, McGuire, alias former Private George W. Barry, 44th coast artillery, U. S.'A., left New York Thursday night for Council Bluffs. He is accompanied by J. B. Car ver, chief attendance officer of Omaha; Capt. J. C. Shafer of the Council Bluffs police and Jailer Oru Kinsell of Council Bluffs. The party is expected to arri .c tonight. Early in' the week Private Bar y stood b.fore the bar of the Unit .J States district court in Brooklyn and heard the foreman of a jury U'U him that -- men had found him not gunty ot murdering Sgt. Frank H. King in the barracks at Fort Tot!cn on the night of March 29, 1919. Victory Ribbon on Breast. He wv.c his army uniform and on his breast was pinned a Victor libbon with four bronze stars, ' . i otinc participation in the actions at Chantigny, Chateau Thierry, St. Mihiel and in the Argbnne. Standing stiffly at attention, he heard the verdict and heaved a sigh of relief. He turned to the judge and asked if he was free. "No," said the judge. "I want to talk to you. You should be very thankful that the jury found you not guilty. "I hope that when you get out of your trouble vou will lead a better I life than you did before you entered the army.i I am informed that your life before then was not what it should have been." The soldier smiled assent and turned and came face to face with Captain Shafer, Mr. Carver and Jailer Kinsell. Throws Up Hands. The three men spoke to him. He stared at them for a moment, and then flung his hands out in a ges ture of resignation. "Well." he said, "I guess I'm through." The three men held a warrant for the arrest and extradition of Barry on a charge of burglary in the home of Col. Donald Macrae, jr., in Coun cil Bluffs on the night of March 6, 1916. Nothing at all about Barry's past life came out during his trial for murder except that he had enlisted in the army at San Diego, Cal., in 1916. But because he had been arrested by agents of the Department of Justice, and because ' the crime charged against him was murder, he was photographed and ringer printed and the data sent broadcast to the police departments all over the country. Identified as Same Man. In Omaha and Council Bluffs these records were compared with those of George Walter McGuire, and identified as those of the same man. McGuire-Barry was taken to Gov ernors Islahd immediately after the murder trial, where the Bluffs offi cers' identification satisfied the au thorities, and 'the soldier was dis charged, and at once arrested again for connection with the Council Bluffs robbery. '( In Council Bluffs the following record will be given at his trial: McGuire was first arrested in Council Bluffs March 7, 1912, at the Great Western passenger station by Special Officer Charles A. Horner for intoxication. Burglars' Tools in Grip. ' When searched at the police sta tion, A revolver w5s found on him, and his grip was discovered to be filled with burglars' tools. I He was bound over to the grand jury on a charge of carrying con cealed weapons, convicted and sen tenced to five years in the Fort Madison penitentiary. At the end of three years' he was released be cause of good conduct. McGuire then disappeared, but it was later learned that he had been released from the Nebraska prison in 1916. On the night of March 6. 1916. Mrs. Clifford Wolfe, daughter of CqJ. Donald Macrae, jr., was driv ing with her husband and happened to pass her father's home at 809 Fifth avenue. Sees Light in House. She noticed a light in the house, and knowing that jier father and mother were on a trip in the south, notified police. Captain Shafer and Detective Lee went to investigated As they arrived at the house, they, too, saw the light. Teering in the window, they saw two men working under an electric lamp, tinkering with the Macrae safe. Shafer went to the front door and Lee to the rear. Here Lee found the door standing wide open. They had recognized the two men inside as McGuire and "Red" 'McNeal. Lee drew his revolver and crept inside the house.' He came to the room in which the two men were working. "Throw up your hands," he shout ed as he covered them with his re volver. Gun Battle Begins. Qjie of the men knocked out the light. Lee fell flat on the floor, and the two burglars began shooting, McNeal with one of three revolvers he had, and McGuire with a shot gun belonging to Colonel Macrae, which he had seized. Lee lying on the floor, was ?afe from theiri bullets. He returned their fire, aiming at the flashes from their firearms. McNeal fell wounded in the hip. McGuire dashed to the front door, where he came face to face with the muzzle of Captain Shafer's re volver. He turned back into the house and surrendered. Escapes County Jail. McNeal was taken to Jennie Ed miindse i hospital where his wound was treated and McGuire was lodged in the county jail. While awaiting the recovery of McNeal for the trial of both men, McGuire escaped from the county jail. McNeil was sentenced to 20 years in - the Iowa penitentiary, which I is now serving, and Mc Guire, , though absent, was indicted. It is this indictment which now faces McGuire upon his arrival with Captain Shafer, Jailer Kinsell and Mr. Carver from New York.. Industries Profiteer, Railroad Workers Say (Continued From First Page.) times the increase in labor costs, while the proportion or the proceeds of the industry received by the coal operator was shown as increased from 75 to 400 per cent. ' Profiteering did not stop with the armistice, 'the report declared, pre senting figures to show that cor poration profits in 1919 were 110 percent over the pre-war average, which means, the study added, that 1919 profits were more than double the average for the years 1912-1914. An average of $1,200 per family of five during the years 1916-1918 was. declared to be probably a, highly conservative estimate of the actual cost of corporate profiteering to the consumer. Resubmit Their Demandsv Concluding his study, Mr. Lauck submitted the following general de mands iu the name of the railroad workers: t "1 Labor in general, and railroad labor in particular, must have wage increase proportionate to advance in living, costs. i "2 In the present crisis, and for all time to come, producers and middle men must be restrained from advancing prices in excess of in creases in labor and materia! costs. "3 Producers and middle men must refrain from including income and excess profit taxes in their costs and passing them on to the con sumers with an added profit. "4 The principle of a living wage must be accepted and established in order that normal production may be restored and increased produc tion hoped for in all fields of in dustry." First Body of Soldier Who Died Overseas Reaches Omaha The first body of a soldier killed in France to reach Nebraska, passed through Omaha on the Union Pa cific railroad yesterday. A flag-draped casket at the Union station .con tained the body of Wagoner John son, son of Andrew Johnson. It was guarded by Private E. L. Burk hardt of the Forty-fifth infantry, Camp Dix, N. J. The best insurance against tire grief is a set of Sprague Cord Tires. Spragues cost less per mile. Adv. WW in iaj 8A Saturday only at Leon's Three Omaha Stores. 200 pozen Men's Soft Hats Men's Stiff Hats Men's Cloth Hats Worth up to $7.50 Values that will long be remembered MinYni m 1 m m STORE NO. 1 315 South 16th St. Opp. Conant Hotel I STORE NO. 2 1410 Farnam St. Sua Theater Bldf. STORE NO. 4 4829 South 24th St. South Side Store ASSERTS DUPONT MAKES THREATS TO DEFEAT WOOD Iowa Senator Accuses Head of Explosive Firm of Threats Against Campaign. Washington, May 7. Senator Kenyon of Iowa declared in the sen ate today that the E. I. DuPont de Nemeurs & Co. of Wilmington, Del., virtually had threatened to oppose Maj. Gen. Leonard Wood's cam paign for the republican nomination for president unless Senator, Moses of New Hampshire, one of his cam paign managers, withdraw his op position to the dye bill now before the senate. Senator Kenyon read a letter from Charles K. Weston, manager of the company's publicity department, to Senator Moses declaring that the New Hampshire senator's opposi tion to the dye bill was not in ac cord with the r expressed views of General Wood and asking for an explanation of his opposition to the measure. The letter was dated April 16. Senator Kenyon said he presented it with the permission of both General Wood and Senator Moses, adding that both of them resented it. ( "Here we have the remarkable spectacle," said the senator, "of a United States senator engaged in managing a presidential campaign practically threatened as to what will happen to that campaign if he does not withdraw his opposition to a bill." Stock Exchanges Plan Fight on Property Tax New York, May 7. Representa tives of practically all of the im portant stock and commodity ex changes of the country held a con ference today in the New York Stock Exchange to discuss plans looking toward the defeat of the proposed property tax on stock and commodity alc$, now being consid ered by congress. The principal development of the meeting was the adoption of a reso lution which provided for commit tees in the various cities to instruct the public in the consequences ap prehended from the proposed legis lation. W. II. Rcmick, president of the New York Stock Exchange, de clared that the proposed tax of 20 cents on every $10 worth of stocks and commodities sold would be felt by every class and practically every individual in the United States. Such a tax. he pointed out, would cost anywhere from $20 to $140 on a sale of" 100 shares of stock; $40 on the sale of 100 bales of cotton and $5 on the sale of 1,000 bushels of wheat. Baptists Raise Half of , $100,000,000 for Campaign New York. May 7. The $100,000, 000 campaign, of the new world movement of "the northern Baptists has passed the $50,000,000 mark at the headquarters of the organization. Arizon a was the first state to reach its quota. JOHNSON MIXES WITH HOOVER ON LEAGUE ISSUES Both Issue Statements Outlin ing Positions as Outgrowth of Feeling Engendered In California Primary. New York, May 7. Senator Hiram Johnson and Herbert Hoover have issued statements making clearer their positions on the league of nations, regarded in some quar ters as a ieading issue in the coin ing presidential campaign. Senator Johnson, speaking of the recent California primary, had this to say in Washington: "I am glad Mr. Hoover accepts so philosophically the result in Cali fornia. Mr. Hoover says his friends 'introduced no personal issue,' but registered their protest at my 'ex treme opposition to any league to prevent war and reduce armament. Neither statement is correct. His friends introduced into the cam paign every conceivable issue, in cluding personal abuse, and I have never expressed opposition to any league to prevent war and educe armaments. My opposition has been Mr.' Hoover's English league, which did neither of these things." Herbert Hoover today authorized the following statement: "Senator Johnson is quoted a stating that he has never expressed opposition to league to prevent war and reduce armaments. This indi-. cation of a change of heart is a mat ter of great satisfaction. He states that he' does not want an English league. None of us do. But docs the senator mean that the covenant with the Lodge reservations is an English league? This is the cov enant and these are the reserva tions which I have supported since they were first proposed by the ma jority of the senate last November. Will the senator speak out plainly on this subject so that the people may know where he stands and what he stands for in this matter?" Swift & Co. Buy Two Big Storage Plants in State Beatrice, Neb., May 7. (Special Telegram.) The Beatrice Coid Storage company plants at Beatrice and Columbus, Neb., were sold to Swift Sr Co. for $156,200. This does not include the stock on hand. The ice hous.es and ether property of the cold storage company along the river were taken over by Swift Co., the price paid being $300,000. Henry Fishhack, president of the cold storage company, who has been in business here for 27 years, ex pects to retire soon. Miners' Plea Overruled. Indianapolis, Ind.. May 7. The plea in abatement filed yesterday by -Charles Evans Hughes, special . counsel for indicted Indiana mem bers of the United Mine Workers : of-America, was overruled in United States district court bv Judge A. B. v Anderson here today. r T THOMPSON-ffiLDEN & CO New and Appropriate Apparel for May Days These Fifteen Dollar Blouses are Wonderfully Fine i The group has been enhanced by recent addi tions to its assortment of Georgettes, French voiles and tub satins. The 'styles range from white silk tailored blouses, with attractive col lars and ties of figured silk, to danty flesh-colored Georgettes with pleated frills down the front. A noteworthy feature of all of them is the fashionable elbow length of the sleeves. Tricolette Sport Blouses $7.95 . Rose and blue mignonette (which is a finer tri colette) makes charming blouses for tennis and out door wear. Cotton Sport Blouses $2.95 Striped voiles, becoming colors, trimly tailored styles and excellent qualities are convincing rea sons for the worth of this group. French Hand Made Blouses ' . $8.95 to $25 Imported, of course, and very fashionable are the French hand-mades. Rows of fine hemstitching, clusters of minute tucks and the judicious use of fine laces, make them appealingly feminine. No other blouse is quite so becoming and so dainty with spring tailleurs as the hand-made one. The Blouse Shop Third Floor The Separate Skirt . is a necessary part of a Summer wardrobe, and the silks and woolens, in alluring colors, that are to be found in the Thompson-Belden show ings will prove a fittng complement to any blouse. Apparel Section Third Floor The VarietyWhichls Neckwear The vestees of fine net And sheer ' organdie to wear with jacket ,suits. The novel styles in fischus. The collars of organdie and pique with their charming freshness. The marabeau scarfs and capes which are appropri ately worn in late, spring and summer. All of these and many more besides are here awaiting'your viewing. Camisoles You will enjoy The daintiest of styles for wear' with sheer blouses and in the colors which are most attractive. Some are trimmed with fine laces while others are em broidered. You'll see them all by visiting the corset section. $2.75 and more Second Floor A Display of Ribbons and Ribbon Novelties Which is quite the largest and most attractive we have ever shown. Never before has fashion discov ered so many uses for rib bons with the result that ribbons have assumed new patterns and beautiful col ors so as to be worthy of their popularity. ' Novel ties which utilize ribbons exclusively are shown in the form of sachets, lin gerie clasps, lamp shades, slippers, boudoir caps and others equally fascinating. To the Right You Enter Windsor Nainsook 65c quality for 50c A medium weight nain sook suitable for nearly all styles of undergarments. A soft finished fabric free from starch or filling (36 inch) Saturday 50c a yard instead of 65c. 1 Linen Section Jf You Wish Hosiery at Less Than Regular Prices Pure Thread Silk Hose with double lisle tops for garter protection and double lisle "soles. Choice shades of navy, seal bcown, gray and black. Qualities Sold to $.50 a pair Saturday $2.75 a Pair Colored Lisle Hose in grays, browns and navy which are our regular 75c quality. Saturday 50c a Pair TIE MEM'S SEW The favorite shopping place of an ever growing number of well dressed men. Women's Vests Reduced to 35c Three for $1.00 These are slightly soiled from displaying, otherwise they would sell at the reg ular prices which are much more than 35c. Round neck, bodice and crochet top styles, mostly large sizes. Saturday 35 Cents , Three for $1 Second Floor Silk Gloves for $1.25 pair A special price on an odd line of 16-button length silk gloves in white, black and colors. The saving is important. The newest wash goods, voiles, organdies and fine ginghams make an interesting display on the second floor. Visit this section while the showing is complete. The quality, style, good taste and' fair prices which distinguish every thing found in this men's shop cannot fail to prove desir able to you whatever your preferences. Summer Underwear offer ings of Superior, B. V. D. and Mansco union suits in complete selections. The makers of Manhatttan shirts are responsible for Mansco underwear so you may know it is right. Silk Shirts with the Man hattan and Eagle labels are passports to quality. Interwoven Hose are un deniably good but probab ly scarce. We have a new shipment unpacked and can give you silks and lisle in every size and all of the best shades. Terry Cloth Bath Robes serve a man in so- many ways that once he has used a Terry it's well nigh impossible to be without one. Sleeping Wear pajamas . and night shirts made of attractive, cool materials, suitably trimmed. W e show both Faultless and Universal makes. A Step to the Left You Enter