v
BEE OMAHA, SATURDAY, OCTOBER 23, 1920.
X
Douglas County Loses Big Tax; ,
Wealthy Widow's Life Is Bared
Three will cases., all
estates, reached dramatic stages in probate claimed by seven alleged nephews and nieces.
court yesterday.
The will of the late John Neal, million
aire tobacco. man, was withdrawn from pro
cess of probate here by Franklin A. Shotwell,
who staled it had been admitted by the pro
bate court of Forsyth county,
The estate of the late
Boy's Suit Brings
To Light Habits
Of Rich Mother
Deposition Tells of Unsuccess
ful Attempts to Reconcile
; Happy Van Wyck Benner
, And Husband. '
A deposition by Norman Harsell,
resident of the Milford Field club.
iiltord, ra., was niea in county
court yesterday as part of the fight
onlthe $500,000 estate of the late
Happy Theodora Van Wyck Benner
wh en is to come uo in court soon in
thffort of her 17-year-old son,
Van vVVyck; to get immediate
session of the estate.
pos
The deposition includes a letter
from Mr. Harsell waitten to Mrs,
Rcnncr soon after sne had left her
.husband, . Fernando Benner, New
York real estate man, in 1911 and
-v. come to live in Omaha. It is in
cart as follows:
"My Dear Happy: I am glad that
feannette can b with you at this
time to make your lot a little easier.
. i , You must realize, however,
that life's conditions are altered for
, you and that you cannot leave the
old life of intense excitement and
(general turbulence.
1'Of course it would be best if you
nd Ferd (her husband), could let
liy-gones be by-gones, get together
Ngain and make a home for your
selves and. Van wyctc, out i do not
advise this unless you both are sin
cere and honest in your resolve to
' 1 ' 1 . . 1 I I
, live, nappuy logcuier. -r.
"Put on the Brake
"If you had a home and some in
terest in life besides gadding about
frivolously trying to snatch happi
ness from a discordant and radical
ly wrong method ot living, you
would find a contentment you have
never, known.
- ''Don't you think you have made
- a failure and that it is time you
switched to a more connected and
regular life? You have sowed the
winds and now, you are reaping a
whirlwind and will, continue to
reap it until you put onthe emer
gency brakes.
Other portions st the , deposition
read as follows: ?
Q. During that time did you ob
serve her use. intoxicating liquors?
Warned Against Drink.
A. She said that the doctor told
her if she ever drank again, if I
remember, she would go crazy, or it
would kill her, but she did take
dubonhette cocktail, which she said
was harmless.
i . Q. Was there any other kind of
dugs that she took at that time?
!.A. It was Christmas night; we
had a Christmas tree and she be
came very terjibly excited and very
erratic in her talk. I did not see
her take any drugs, but I understand
' that she had taken something.
-tQ. What effects, if any, did you
notice?
! A. Well, she was very excited and
kind of talking aloud and one thing
or other. She was irrational.
Q. Prior to. Mrs. Benner going
' west in 1909 or the fall of 1908 did
you ever observe her taking intoxi
cants? ;
A. Yes. :-r i .
i.Q. Or drugs?
"it A. Not drugs. No.
f Liked Whisky, Too.
Q. What intoxicating liquors did
v she drink to your knowledge?
A. She wa$ very fond of cham
pagneshe liked, whisky and cbek
tails, ' . ,
Q. Did you see her drink cham
pagne, whisky and cocktails.
:A., Yes,- J did.. .. - -!''
Q. How frequent a user of these
liquors was she its far as your know
ledge of it went "
A. Well, she usually had a cock
tail before dinner and frequently
V champagne at dinner or wine or
claret. She was very fond of beer
and Welsh rarebit and at that time
she drank- for sociability she would
go from one restaurant to another
and then she would order cham-
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involving large Omaha gambler, involving $100,000, was
North Carolina.
H. C. Haley, soon after she
Seven Claim Estate
Of OloVfime Gambler
Alleged Nephews and Nieces
Seek to Collect $100,000.
Seven alleged nephews and nieces
of the late H. C. Haley, Omaha gam
bler, filed a claim in county court
yesterday, declaring themselves to
be the legal heirs of Mr. Haley's
estate, valued at $100,000. v
They are Justin C. Cassidy of Mc-
Comb, Mo., 'and his brothers ana
sisters, as follows: Mrs. M. F.
Stanley. Mrs. John Morrow,-. Mrs,
George Anderson, Elizabeth Cassidy,
Lucy Cassidy and Ada Cassidy.
They are children of Mrs. Bridget
Haley Cassidy, a sister of Haley, ac
cording to their claim. She is dead.
Tom Dennison, close friend and
business partner of Haley, declared
yesterday that he , doubted very
much whether the applicants are
really relatives of Haley.
Searched Whole Country. ,
"But I hooe they are." he said.
"I would be very glad if they are,
I searched this whole country in my
effort to find some legal heirs of
Mr. Haley, but was unsuccessful.
He never spoke about his family or
relatives during his lifetime, Be
cause of the business he was en
gaged in he said he did not' want
anyone to know who his relatives
wereJ
"He was as fine a man as I ever
knew, a wonderful man. He left
property in Missouri, Nebraska and
Colorado. If no heirs are found -the
property would go to the state in
which it is located. -
"The onlv person at all connected
with Mr. Haley in relationship that
I found was Chiet Jjeputy united
States Marshal McTvre. at Denver,
who is a brother of Mr. Haley's wife,
Yho died last fall.
Went to Kansas City.
Shortlv before Mr. Haley died he
came to Omaha and took $w,uuu in
cash from a safety deposit box here
and took it to Kansas Citv where
he placed it in a safety deposit box
to which his partner mere, J.
Mabray, also had a key. Mr. Den
nison said this money was noi in
the box when the public administra
tor of Missouri opened the box.
Mr. Haley died suddenly in Kan
sas City. November zs, lviy, at tne
aa nf SS. He lived in . Omaha 10
years, leaving here in 1917.
Aged Recluse Left Large
Sum In Cash In Banks Here
Albert J. Seaman, Omaha recluse,
who died last February, left cash
in hanks and savings and building
associations aggregating 558,793, ac
cording to an inventory filed in
county court yesterday by his sister,
Mrs. .Harnett woiie, administratrix
of the estate. The inventory also
includes several pages of legal de
scription ot tne reai estate wnicn
Mr. Seaman owned. This is said to
be worth between $100,000 and
$200,000. ' ;
District Judge Leaves
All of Property to Wife
The will of the late District Judge
Lee Estelle, filed in county court
yesterday, leaves all his property to
his wite, Christine uoone csteue.
The estate consists principally of
their home at 4163 Cass street.
-t
oasrne usually something els
caberets excited her. '
Q. Did she use tobacco during
the period.
A. she smoked cigarets.
Insurance en SMcore .
Tactics of Companies
Des Moines, la.. Oct. 22. Insur
ance companies which contract with
banking concerns to represent them
as agents were condemned in reso
lutions adopted today. at the annual
convention of the National Associa
tion of Insurance Agents.
Fred J. Fox of Perth Amboy,
N. J., was elected president. At noon
indications were Los Angeles would
be the next convention city.
OfflFGRD
MOsriaCo.
, 1807 Farnam Street
; V Omaha and Norfolk, Nebraska
The $500,000 estate of the late Happy
Theodora Van Wyck Benner, which has held
public attention for more than a year, was
further involved by a deposition filed by Nor
man Hafsell, Milford, Pa., which includes a
letter from Harsell to Mrs. "Benner written
had left her husband.
Carolina Court
Admits Tobacco
Man's Document
Bombshell of Surprise Is
Thrown Into Omaha Court
As VNeal Will Case New
Move Is Made.
A bombshell of surprise was
thrown into the local cointy court
yesterday when the will of the late
John Neal was .withdrawn from pro
cess of probate here and notiee was
served by Franklin A. Shotwell, an
executor and beneficiary of the will,
that it has been admitted by the pro
bate court of Forsyth county, North
Carolina, at Winston-Salem, N. C,
Neal's alleged home.
If the will is allowed to go to
probate there Douglas county, will
lose approximately $50,000 in jijJier
itance taxes. .
Three weeks ago a woman in Ok
mulgee, Okl., filed notice here that
she is the widow of Neal and has a
son 13 years old, . who," she said, is
also Neal's. She engaged Albert S.
Ritchie as her ocal attorney and her
claim, was to be heard next Monday,
whe the will was to have come up
in the county court here.
. On Bank's Initiative.
Mr. Shotwell said the . probate of
the will in North Carolina was done
on the initiatiye of the Wachovia
Bank and Trust company, Winston
Salem, N. C, on the ground that that
city was Neal's legal residence.
In his application for probate of
the will here, September 3, Shotwell
declared Omaha to be Meals legal
residence. Neal bad lived here six
years as western district manager
of the R. J. Reynolds Tobacco corn-Pan?-
,- ' ' . ... .
Clyde bundsiad, chief deputy ot
the county court, pointed out that
Neal's last will and testament begins
thus: "I, John Neal, 'of Omaha,
Douglas county, Neb."
This will start a fight on inheri
tance tax at least, declared Mr.
Sundblad. "Douglas county can't let
$50,000 go without doing everything
possible to get its just share ot this
tax." '
It will be the province of County
Attorney Abel Shotwell to take any
action that may be decided upon by
the county. - He is a brother ot
Franklin Shotwell. - ,
In Mr. Neal's will Franklin' Shot-
well receives 100 shares of Reynolds
Tobacco company stock and his 12-
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The Home of Kuppenheimer Clothes.
2 Big
Suit Values
Men's and Young Men's Suits the "choicest models and
patterns of the famed makers .
Kuppenheimer L-System and
Hirsch-Wickwire .'
The World's BEST and FINEST Hand Tailored Clothes.
279 Suits
That sold at ,
$65, $75, $85
NOW
$55.0(fl$39.75
THE FINEST VALUES
Top Coats and Moleskins
$20 to $50
SPECIAL PRICES ON
Shirts, Underwear, Hosiery
Neckwear and Hats
(, 1415 Farnam St.
year-old daughter, Margaret, re
ceives 300 shares of this stock.
County Attorney Shotwell said
yesterday that he knows nothing
about the action taken by the pro
bate court in North Carolina, f
Would Cost Money.
"If any action were brought, how
ever, it would have to be brought
there," he said, "and this county
would have to go to considerable
expense. I was told that in Mr.
Neal's membership in the Omaha
AthleticNclub he gave his residence
as Winston-Salem, N. C, and that
there are other proofs, that he re
garded that as his home." .
Neal died here August 29. Frank
lin Shotvwll filed petition for pro
bate of the will September 3 and
was appointed special administrator
by County Judge Crawford, who
found Omaha to be Neal's legal res
idence. Asked what, would be the status of
the Oklahoma woman who claims to
be Neal's widow, Franklin Shotwell
said she could prosecute her claim
as well in the North Carolina courts
ashere.
Lose Attorney Fees.
"Why.;we will lose about $25,000
attorneys' fees by this will being
probated in North Carolina instead
of here," said J. C. Kinsler, attorney
with Mr. Shotwell.
"You seemto be bearing up cheer
fully under the loss," someone said.
Franklin , Shotwell gave out the
following statement:
"It was ascertained definitely and
beyond any question of .doubt that
John Neal, at the time of his death,
was- a citizen and resident ot Win-ston-Salem,
Forsyth county, North
Carolina. Therefore, the probate
court of Forsyth county, North Car
olina, en the petition of Wachovia
Bank & Trust company of Winston
Salem, N. C, one of the executors
and the trustee named in the last
will, admitted the will to probate on
the 19th day of October, 1920.
.franklin A. shotwell, one ot tne
executors named in the will, . was
cited to appear before that court
and produce the will, or the duplicate
original thereof. He, accompanied
by J. C. Kinsler, one of the attorneys
for the estate, did so appear in the
probate court of Forsyth county,
North Carolina, where a hearing was
had and a decree entered establishing
and probating the will as the last
will and testament of John Neal, de
ceased. Said decree so entered is
conclusive and binding upon all
courts in the United States and,
therefore, the proceedings in Doug
las county are at an end.
; Ritchie" Files Protest
A. S. Ritchie, attorney, filed a pro-
est and objection to the probate of
the Meal will this atternoon in
county court on behalf of "Mrs. John
Neal" and "John Neal, jr.," of Ok
mulgee, Okl.
I he protest alleges Mrs. Neal was
the lawful wife of John Neal prior to
his death and is now his lawful
widow and that John. jr.. is the son
and heir at law and next in km to the
late tobacco magnate.
These two protestants allege their
names were omitted from the last
will and testament of the Omaha
man by accident or mistake.
The protest also alleges the copy
cf the" will filed in county court for
probate by Shotwell is not the last
will and testament of the tobacco
man, nor is it a copy, and that the
county court in Douglas county has
no jurisdiction to probate the lost
or destroyed will.
The alleged will executed under
date of March 24, 1919. it is further
lleged, was procured by fraud and
Undue influence'. '
235 Suits
That sold at
$45, $50, $55
HOW
OF THE SEASON.
Gov. McKelvie Calls
Bluff of His Opponent
(Continued from t Oar.)
it as being wholly unfit to serve as
chief executive ot the state."
Referring to law enforcement, he
pointed out that when the pres
ent administration came into office
there were only 283 men in the peni
tentiary, the smallest number in 10
years, and now there are more than
550, which represents (the largest in
crease for a similar period in the
history of the state. ,
Pconomy is Explained. '
"In the absence of a prison re
formatory for first offenders, the
money for .which was appropriated
by the legislature of 1913 but in the
name of economy was not spent by
Governor Morehead," McKelvie con
tinued, "it becomes necessary under
the crowded condition of the peni
tentiary to throw the first offender's
into almost immediate association
and contact with hardened and pro
fessional criminals. In order that
this situation might be relieved as
well as a business proposition for
the state, the present state adminis
tration instituted the plan of using
prison labor on roads. It has proven
highly successful and the people of
the state will no doubt want it con
tinued. ' "
'The question of taxation is very
important," he said, "but of equal
importance with the amount of taxes
is the purposes for which,the money
is spent, and the manner in which,
it is being administered. The in
creased appropriations for the pres
ent biennium were made principally
for four purposes; first to meet fed
eral aid, principally for the building
of roads; second, for.the university
and normal school; third, for the
support of the state institutions;
fourth, for a new capitol building.
Would Hamper Progress. '
'wIt would not be possible to ef
fect any material reduction in taxtV
in this state without cuttine the ao-
propriation for these four purposes
and I contend that to effect such a
reduction would be to stay the pro
gress and development of Nebraska
and her essential institutions.
"The cost ,of administrative gov
ernment in this state has been re
duced to the lowest figure in itsJiis
tory. Only 354 cents of the taxoav-
cr's state tax dollar is paid out in
administrative salaries. The balance
goes for maintenance of the govern
mental department and institution
and for permanent improvement.
This ost may be properly compared
to the overhead expense in private
business, and it will be recognized
at once to be a very low figure.
State Tax Low. .
"It should be further borne in
mind," Governor McKelvie contin
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There i$ much to see in the
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New Napkins from
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A large selection of beauti
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'$17.50. quality, $15.00 Doz.
$20.00 quality, $17.50 Doz.
$25.00 quality,-$22.50 Doz.
' Linen Section
A Fashionable Pair
of New Gloves
Will make the loveliest ' cos
tume even more attractive.
One style in great favor is the
Trefousse imported French kid
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brown, black, white and pastel,
with rich contrasting embroi
deries, $6 a pair.
A strap wrist 'gauntlet of
white kid is very desirable,
$8.50 and $10 a pair. -
ued. ,:that onlv 19'$ cents of the tax
payer's dollar goes to the state. The
balance remains in 'the county for
schools, local improvements and the
support-of the city and county gov
crnment. Consequently, if taxes
were reduced $1,000,000 a year, or
approximately 10 per cent, that
would result in a saving of only
f 1.95 to the one, whose taxes amount
to $100. I am sure that the people
of the state will not jeopardize tne
good roads program, the extension
of the activities of the university
and the normal schools, the proper
support of the state institutions or
the construction of tne new capitoi
for so trivial a saving."
Speaking of the activity of his ad
ministration in behalf of the farmer,
the governor cited his sympathetic
understanding of the farmers' prob
lems through his own personal expe
rience on tV farm. He said that
when he came into office he called
the farmers into c6nference'and had
them 'join in the preparation of a
farmers' program, embracing thex en
actment of many co-operative laws
and the enforcement of other laws
having to do with farmers' interests.
He said that under these laws the
farmers were extending their busi
ness both in a retail and a wholesale
way.
Gox Reiterates Demand
For Retraction By Root
(Continued From'pae One.)
lefed upon a long dissertation upon
was false; and do you not recognize
that in justice to yourself and in
the subject of article 10 in which
again by inference, you are endeav
oring either deliberately or through
misunderstanding or lack of infor
mation concerning my speeches, to
misrepresent my position on , the
league of nations. Accepting the
f?ct that, your misstatement was
based on lack of information, I re
ferred you to the daily report of
speeches in the newspapers in which
I have invariably said that I. favor
the Hitchcock reservations and that
) would accept reservations from
any source offered in sincerity and
with a desire to help. Simply that
you may be furt!ier informed, let me
call your attention to the fourth of
the Hitchcock reservations in refer
ence to article 10: 'That the advice
mentioned in article 10 of the cove
nant of the lea sue of nations which
the council may give to the member
nations as to the emplpyment of
their naval and military forces, is
merely advice which each member
nation is free to accept or reject, ac
cording to the conscience and judg
ment of its then existing govern
ment, and in the United States, this
advice can only be accepted by ac
tion of the congress at the time in
being, congress alone under the con
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ft Sillc" tapestry waste baskets
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f You'll find it pleasant to
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Second Floor
The Services of
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Is of valuable assistance in the
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the model which will impart
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' -"V
stitution of the United States having
the power to declare war.'
Asks Plain Question,
"Now, Mr. Root, I have asked you
z dain Question. We are both as
sumed to understand the meaning of
words. The American oeoole like
wise understand the meaning of
words. You have been given the op
portunity to-correct your misstate
ment and this correction you have
(ailed to make. -
(Signed.) " "James M, Cox."
New' Jersey gave Governor Cox
aAwarm welcome, with large cheer
ing audiences marking his single
day's efforts. Accompanying the
governor through the state wasGov
crnor Edwards and other prominent
New Jersey democrats. Chairman
White of the democratic national
committee, joined the candidate at
Trenton. v .,
Governor Cox told his audiences
that his election would be "a posi
tive mandate" for American mem
bership in the league and asked: -J
"Can anyone say that forSenator
Harding?"
Continuing his charges of "wob
bling" against the republican nom
inee, Governor Cox reiterated that
the senator had taken 14 different
league stands and was backed by
every league opponent
Economic as well as moral and re
ligious arguments for the league
again were emphasized by the gov
ernor, whli said: ' ' ,
"If we don t go into this league,
we'll have the most destructive busi
ness depression in the history of all
the world."
- i
Politicians Amazed At
Baker's Tour of West
(Continued From Tgt One.) ' '
mistake. Congress then passed a
law ending the camp after, it had
cost $7,159,000. ,
The administration paid the Cur
tiss company $20,000,000 for 4,608
airplane motors and 2.716 airplanes
and sold the same back to the com
pany for only $2,720,000. ,
Waste After Armistice.
Secretary B a k e r's department
spent $90,000,000 in building and
operating the Old rtfckory powdef
plant at mshviile, lenn. v It .got
from it no powder that could be
used during the war. The plant
may be salvaged for $10,000,000.
Loss. $80,000,000.
After the war was over, the ad
ministration bought '70,000 new auto
trucks and automobiles, had them
delivered, stored them in the open
air to be spoiled by the weather and
assigned 25,000 men and officers to
guard them while they rusted to
pieces. The total cost of the auto
mobiles was $175,000,000 and the
cost of the guard was $100,000 a day.
ON-BELDElf &CQ
Apparel SectionsThird
show it
A new
linen'
narrow
very good looking. A
Boy Bandits Loot
Stores, Captured
When Autos BreaK
Two Garage's, One Pool Half
and Grocery Yield Total
Swag of $10 Held
In Bluffs..
.'. ' " ' x
After looting ,two garages, on
1 l,f1l Knrl rnt. arrrMrlr fttnre lift'
Walnut, Ia.f after midnight, Thursday
nighv andi cracking two safes in
their frenzy to" obtain money, two
lads, who ; gave their names ad
Dewey Conrad, 17, and John Curtis, .
23, were , captured yesterday six
miles east of Council Bluffs by the
marshal of Walnut after the two
automobiles they had stolen in Walt
nut had broken down-.,
William Burke's grocery, M. Bus-
so s pool hall and tne inonmg
Brotherspmd Otto Peters garages
were the places ransacked by the
youths, wjjo obtained less than $10
in change and a small quantity of
canned goods as loot They stole
a machine from each garage-, but
were forced to abandon gne of thera
when it broke down. '
B. H. Vaughn, Walnut marshal
and Otto Peters, owner of thestoleri
car, touowea tne two inieves,
ha and Bluffs police were sent out
along the road to head them off.
Vaughn had captured them and was
holding a gun on his prisoners when
Captain Snafer and Officers Barret
and Lane of the Bluffs police de-
partment arrived. . Neither of tha'
youths. -was armed..
. Conrad is ( from Burlington, Vt
and Curtis is from Cleveland, Q.
they said when grilled in the officev
Of Sheriff W. A. Groneweg in Coun
cil Bluffs. , According to their'
stories, they are both orphans and
were bumming their way across the
country;' They admitted all four,
robberies at Walnut Thursday night.
Both were arraigned in justice court
vesterriav aftprnoon and were, hfinnrl
j j - - -
over to the grand jury under bonds
of $1,000. They are being held in
the county' jarilv in default of-thei?
bonds. i - .
Young Woman Smothered 7
To Death in Los Angeles Fird
Los Angeles, Oct. 22. One young
woman was smothered to death and
50 girls and women were carried to
safety from the roof of a five-story
building in the wholesale district
here which .was wrecked by fire.
Several firemen suffered minor , in
juries, lhe damage was estimated
at $JUUJJU0.
Floor
Neckwear )
and Collars
The Men's Shop
U The largest selection of
. new neckwear we have ever
shown is now ready. It in
cludes every desirable style
and shape. The display of
knit ties is particularly fin2,
with hand frame styles from
1 England, crochet and accor
dion knits, marquisettes and
embroidered figures, as well
as plain shades. .
ft The newest Arrow colli r,
the Marcy, is both stylish
, ana comiortaDie. May we
to you? s ,
imported corflled
handkerchief with'
colored borders is
To th Left As Eator.
1
- 5
I tf '
6