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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 18, 1920)
, , 1 " - - . . - - - j-- r - -t - - - 1 InLJtv UMAJtlA HJAlLil: JDJiJti Vol. so no. iso. Eater u 8mm-C1m N attar May 21. 10. at Oath P. 0. Uaaar Art f March i. IS7S. OMAHA, SATURDAY, DECEMBER, 18, 1920. 8 Mall (I rar. lailaa 41k Zana. Oalfr aa Su, W; Dalit Oaljt. W. tana. M talat 4th Zona (I mil Dally aad Sunday, tlii Oalli Oal. U: Sunda, Oalt.il THREE CENTS Dr. Fields Guilty of Girl's Death f ' Jury Returns Verdict Against , Physician Accused of Per forming Illegal Operation On Hayes Center Maid. Prisoner May Appeal Dr. Leslie S. Fields. Omaha phy- Sician, was found guilty by a jury in District Judge Troup's court late yesterday, of causing the death of ku'.u Ayer, jy-year-old Hayes Cen ter, Neb., girl, by performing: an il legal operation. The jury returned the verdict after deliberating 23 hours. The case was given to the jury at 5:15 Thursday afternoon after nearly four days consumed in taking of evi dence. All night the 12 men rc , maincd in their room, unable to agree on a verdict. At noon yesterday, Judge Troup had the jury brought out and asked as to the prospects of a verdict The foreman responded that the v stood 9 to 3, and made a request for a copy of the letter dated August o, written by Ruth Ayer to her sweetheart. Francis W. Alexander cf Hayes Center. Letter Taken to Room. After consulting with attorneys lor both Fields and the state, Judge Troup allowed the purymen to take the letter to their room at 2:30 in the afternoon. At 4 there was a knock from the , Inside of the jury room door and the jurors told the bailiff that they had arrived at a verdict. County Attorney Shotwell for the state and B. M. Robertson, attorney for Fields, were summoned. Fields . was brought from the county jail and then, the jury filed in to the box. ' - , To the question of the court clerk whether they had arrived at a ver dict, Foreman J. B.' Hummell re plied, "We have.", Dr. Fields Unmoved. ' The verdict was then read by the clerk. Fields made no move in his chair as the word "guilty" was ... pronounced. His attorney, D. N. Robinson, asked to have the jury polled. Every juror replied that his verdict was "guilty." Mrs. Field?, wife of the doctor, was not present. She had been there when the jury came in at noon, but had gone home. -,' For some minutes after the verdict, Fields consulted with his attorney while a deputy sheriff waited for mm. U,rw jne jea pacit ,10 ;yie Jan. .Nothing was said last night about Mttinrr him out on bond. Before his. trial he was out on $5,000 bond. But In face of the conviction he will ; not be released on less than $10,000 bond. 7 ; Three Day to Appeal . ' He has three days in whkh to file a motion for a new trial. If this is denied, he will be sen- .Tuin to Far Two, Column fovea.) Attempt Being Made v To Locate Applicant For Military School Failure of Congressman Robert E. Evans of the Third Nebraska district to find any youth from his district who desires appointment to the West Point Military academy has led the War department ' to communicate with Maj. C S. Hoffman, professor of military sciences at Creighton uni versity, in hope of securing some sug gestion for filling the vacancy. r Major Hoffman has made a can vass of Creighton students who live in the Third district, which includes counties directly north of Omaha, but was unable to find any youth desir ing the appointment. "Considering the honor attached to such an appdintment, and the val ue of the education received- by West Point students, I believe there Should be any number of men living in the Third district who would be glad to secure the appointment, said Maior Hoffman. Congressman Evans stated he was ' VijjiDie to nna any young man m nis district desiring the appointment, ac cording to the War department's communication. - : German Planes Consigned . t To United States Released Berlin, Dec 17. -The. 11 airplanes consigned tQthe Vnited States, but held up in Hamburg by the inter allied commission of control on the ground that their sale by Germany wasN violation of the peace treaty, have been ordered released, accord ing to an announcement by the im perial treasury department here. It .-. understood the commission has decided the machines were designed for purely commercial peace pur poses and did not constitute war ma terial, which must be delivered to the allies" under the trejir'. Storm Forces Air Mail tV Pilot to Abandon Flignt Salt Lake City, ; Dec. 17. Pilot Pickup of, the aerial mail service, who. ..twice attempted to reach Cheyenne, from Salt Lake City in the face of a snowstorm, was forced to abandon the idea. In his first attempVke got.as far as Evariston. Wyo., when-a damaged plane caused him to return here for repairs. With the completion of the repairs, he again attempted the flight, but had proceeded only a few miles when .the storm forced him to return. Capitalist of Denver Nearing End, Say Doctors Denver, Colo., Dec. 17. Crawford Hill, Denver financier, who suffered a 'stroke of paralysis Wednesday, was still unconscious this morning. His physician reported no change in his condition. Little hope is held for his recovery. Omaha Doctor Found 1 Guilty of Performing Illegal Operation Dr. Lestex- S. Fields. Power Co. Rate Hearing Set Over . v Until January ! T "' Electric Light Concern Sub mits Lengthy Exhibits in De fense for Consideration By City Council. " Hearing of the Nebraska ' Power company's application for an in creased schedule of light and power rates, which was started last Tues day afternoon before the citv coun cil, was adjourned temporarilyyes terday afternoon, to be resumed on Monday afternoon, January 17. The company submitted 2? type written exhibits and offered oral testimony of two New York experts and several of its officials in a pre sentation of what it believes to be a complete argument in defense of the application for increased revenues. Exhibits to Be Considered. The mayor and citj commission ers will consider the exhibits and also will have copies of the tran scribed testimony of the hearing thus far disposed of! These officials will confer in the mayor's office this L'mornmg to agree on a manner of procedure. ' in view pi tne lar reaching ramifications -of the case amf "the Intricate pfootemrlnvolved,' the city council may. engage an ex pert to assist in the work. Commis sioner Ure, himself an accountant, recommends expert assistance. W. L. Henderson of New York, associated with- the H. C. Hopson company, and C. E. Baliey of the J. G. -White Engineering corporation. New York, experts who appeared this week for the company, will return to Omaha next month and will sub mit themselves to the .council for further examination along anjr lines which the mayor and commission ers may wish to conduct. Compnay Claims Shortage W. S. Robertson, assistant mana ger of the company, was recalled yesterday afternoon in connection with several exhibits which were of fered.! In the first exhibit the com pany claimed there would be a short age of .. 631,968 4his year, based on Mr. Henderson's book cost of the olant. which was given as $12,083,- 659.46V The expectant shortage for 1921, on the same book cost basis, was shown as $885,067. A compan ion exhibit showed that the short age for this year would be $1,387,- 273, based on Mr. Bailey's reproduc tion value, as ot. last June, ot 580.190. ' V C J. Snyder, who is in charge of the construction work and general physical units of the plant; testified yesterday afternoon that it is the aim of his company to maintain the plant at what is practically 100 per cent operating efficiency. He explained that the composite life of an elctric plant is estimated at 20 years.' Say Replacements Necessary. Attorney J. A. G Kennedyrfor the company, brought out from Mr. Snyder the statement that replace ment fund experiences of past .years do not constitute a safe criterion on which to basef uture requirements for renewals and replacements, be cause many major installations have been 'made in .recent years, and it must be anticipated that major re placements wil be necassry. Mr. Henderson was recalled , to testify as to recent demands of in vestors in public utility securities. He offered for the records a com pilation of 25 representative public utility bond records, showing that there has been an increase of 461-2 per eut in. yield between. January, 1914, and September, 1920. He re ferred to. a -recent issue of Nebras ka Power Co.'s bonds in the sum of $1,600,000 which bore a nominal or face rate of interest of 6 per cent, but figuring the discount, tttie money cost the company from 8 to 8.05 per cent per year. . .,' Depreciation Discussed. " " ' This, witness was quizzed v again by th commissioners on the subject of depreciation, his previous testi (Tarn to Page -Two, Column Ona Libe Plan r a Is Fight ay- In ,S Conference of Labor Leaders To Map Out Program Against Anti-Strike Legislation, Is Held in Washington. La Follette Takes Lead By The Axaorlutvd Pr. Washington, Dec. 17. A series of conferences attended by several sen ators, representatives and labor lead ers, was begun today for the an nounced purpose of achieving "a bet ter co-ordination of the liberal forces of the country with their representa tives in the house and senate." Senator La Follette, republican of Wisconsin, was understood to have figured largely in initiating the con ferences as an immediate result of the senate's passage yesterday of the Poindexter anti-strike bill while its foes were not on watch.' Plans for fighting the Poindexter bill when Senator La Follette's mo tion for reconsideration of the senate vote comes up and formation of a "bureau of legislative information" to watch the interests of the "liber als, ' were said to have been the sub jects broached at today's conference. The conferences, it was announced, are to continue for several days in an effort to determine a definite course of action. No specific legisla tive program, however, was said to be contemplated. Names Not Announced. ' Names of those participating in today's meeting were withheld tem porarily, but among those reported in attendance, in addition to Sena tor La Follette, were Senators France, republican, of Maryland; Walsh, democrat, of Massachusetts, and Representative Fraer. repub lican, of Wisconsin, and others of the house labor group. Others participating, it was announced, "were heads of the railroad labor organizations and leaders of other progressive organizations." A statement given out by Wil liam H. Johnston, president of the International Association of Ma chinists, through Senator La Fol lette's offipe, said that the confer ence ','grew out of the fact that the leaders of the railroad labor organi zations were meeting at this time in Washington to dif cuss various problems and the time was thought to be opportune for a general dis cussion of the entire legislative sit uation." . . , - i, "In the course of the discussion," Mr. Johnston's statement continued, "suggestions,:, were , made by several of those preset that a" bureau of legislative information . should , be established to act with the liberal members of the house and' senate. This suggestion was emphasized by the passage of the Poindexter bill prohibiting strikes - in interstate commerce, because opponents of the measure "had nof been properly (Tarn to Pae Two, Column Two.) C UUJL 1. VI Offers New Proposal To Assist Farmers n Washington, Dec. 17. Two sepa rate proposals looking toward alter ations in the federal reserve system in the interests of farmers were pre sented in the senate. Senator Hitchcock, democrat, of Nebraska, presented a bill tp amend the federal reserve act so as to per mit the secretary of the treasury to place profits resulting: from opera tions of the federal reserve system as special deposits, in such reserve banks as he might select. These deposits would remain in the banks not to exceed one year and would be used to discount paper of mem ber banks loaned on agricultural products or live stock. The second proposal, an amend ment to the federal reserve act, of fered by Senator Smith, democrat, of Georgia, would make cotton fac tors' paper eligible for , discount at federal reserve banks. Children Travel Alone to Manila to See Parents Goshen, Ind., Dec. 17. Eugene and Louis Wickliam, - 14 and 11, respectively, - are unaccompanied enroute from the home of their grandfather, ' Louis Wickham, at Middlebury, near fS'e, to Manila, r. I., where they w see their pa rents, Mr. and Mrs. Eugene Wick ham, of whom they know next to nothing. . - ' Jn 1900 . Emrene Wickham. the father of the lads, left his Middle bury home to become a United States soldier. He was sent to the Philippines. There . he married a native - Filipino. As each child reached the 'age of 5 years he was sent to the home of his grandfather at Middlebury' to get an American education., ' -,; ' - ' .The grandfather took the boys to Chicago and started them from there to- Manila. ( Veteran Newspaper Man . Passes Away in New York ,New York, Dec. 17. Horatio WfXS slow Seymour, 68, editorial writ er for the New York World, and formerly connected ' with Chicago and other western newspapers, died today. '. - - . , In 1908 ,he became editorial su pervisor or the New York World1, relinquishing this position in 1911 for a few months to become editor of the Republic of St. Louis. In 1912 he returned to New York and has since been identified with the World.' j Pioneer Killed by Train. Burlington. Ia., Dec. 17. Lebrat Weis, aged 84, a pioneer citizen of Burlington, was ground to death by a freight train. He stepped on the track at a street crossing directly in the path of the locomotive, Heir to Fortune Loses Job as Janitor, Due To Sudden Popularity -.Iden, Mass., Dec. 17. William anson, who says he is heir to 00. lost his iob as ianitor in a la,o-tiV iitore because of sadden popu ? -parity. He said that he had determined to get away from the maddening crowd by finding work as a steeplejack, but had been forced to compromise by getting a job as roofer's helper. There he hoped to be entirely out of reach of telephone calls, mail car riers and matrimonial adventuresses. Since Hanson announced that he was heir to one-seventh of the estate of James Moore of Chicago, an uncle, the telephone bell in the store has jangled much of the dy, post men have delivered bulky mail and callers claiming relationship have left him no time for his broom. He said he had agreed with his employ er that he was not giving his janitor job full attention but that he intend ed to keep on working somewhere. Towl Submits Tentative Plan To Dike &iver Property Owners of North and East Omaha Will Ask Con gress to Consider Matter Cost to Be Estimated. That part of the "Onward Omaha" movement which is being champion ed by the industrial bureau of the Chamber of Commerce, the proposi tion of diking the North and East Omaha districf of the river front, was tentatively launched yesterday at a meeting held in the Chamber's rooms. Walter H. Head, chairman of the industrial and development commit tee of the Chamber, presided. J. M. Gillan, manager of the industrial bureau, acted as secretary. Others present were Roy N. Towl, city engineer and owners and rep resentatives of property interests along the river front. Tentative Plan Presented. Mr. Towl laid before the commit tee a tentative plan for the organiza tion of a large drainage district. The same men will meet again next Wednesday evening at 8 in the council chamber of the City hall with all the property owners of North and East Omaha and all busi ness men having plants along the river front. After the drainage district is or ganized at this meeting the commit tee will ask congress to take the matter under consideration. Plans will be formally, submitted for the huildimr. of this dike and also esti-J mates ot tne amount, ot iriprappirtK or mattress Work that it will . Wl necessary for the protection of the river banks. ,To Vote on Project ' This organization will be prelim inary as the procedure of the. project will be subject to the approval of property owners who will vote on it at the meeting next Wednesday night. Every man present at. yesterday's meeting expressed the opinion that the plan is feasible and all are anxious to proceed at least far cnoungh to. ascertain thaw the ex pense will be and the most practical manner of accomplishing the work. Difficulties of "Dry" Enforcement Told to : House Committee Washington, Dec. 17. The diffi culties of prohibition enforcement were laid before the house ways and means committee today, by Prohibi tion Commissioner Kramer, who ap pealed for legislation to concentrate the stocks in a few government con trolled warehouses. Mr. Kramer said there were ap proximately 40,000,000 gallons of liq uor scattered over the country ana that it was "leaking" away at an alarming rate. He said the supply should last for "probably IS years, but that at the present rate of with drawal these stocks might not last, longer than two years. Chairman Fordney asked the com missioner if he die! not think "that the cheapest way out for the tax payer is to throw open these stocks of liquor and let the topers have one good long drunk." . Mr. Kramer said Christmas was coming on and that the subject had been broached to him, but that he had been unable to find any way to do it. . ,; Big Gusher Spouts From 4 Abandoned Indiana Well Princeton, Ind., Dec. 17. What is said to be one of the greatest oil wells ever drilled in Gibson coun ty was brought in Tuesday night on the Vierling heirs' lease southwest of Oatsville, in Gibson -county, at a depth, of 1.6S0 feet, - The oil is flowing into a pond as construc tion of tanks, is being rushed. Oil men estimate' the well at least a SOQ-barrel a day producer.. Months ago the well had been drilled to a depth of about 1.500 feet and abandoned- The Central and Coast company i having tools at hand de cided to try the "dry hole" as a venture and in a few days brought in the gusher. Missing Woman Sought on l Deserted River Islands . Detroit, Mich., Dec. 17. A search of deserted summer cottages and hunting lodges on islands in the low er Detroit river was begun by police today, in an effort to find Miss Mary E. Caldwell, 18, who disappeared Wednesday night. One of the girl's gloves, containing a note from her, had been picked up in a street near the river. The note said she was about to be "taken away by four men 111 a boat. Bands of rum runners are report- ed to have headquarters on the un- frequented isles, CM Him Tim ( Digiit What Hi Hat. Another " Viciout CireU." Junkadl . . . . ' . . , : : i Former Service Men Ask for Cash Veterans' Head Says They Prefer Money to Education al Habiliment. Washington, Dec. 17. Former service men prefer direct cash pay ment from the government rather than educational, home or farm buy ing assistance, the senate., .finance committee was informed today by representatrves ot several organrza t:dns oi world war veterans. E. H. Gates, representing the Vet erans of Foreign Wars, whose mem bership, he said, was between 600, 000 and 1,000,000,. declared that "the very great majority" desired cash and would be willing to take pay ments over a period of two or three years. -.. Marvin G. Sperry, president of the Private Soldiers' and Sailors' Le gion, said his organization proposed a measure which would convey into the treasury "the surplus war profits of corporations for the past six years." He said the United States Steel corporation and the' Standard Oil company of New Jersey had "sur- plus war profits in their treasuries" which indicated that $3,000,000,000 could be secured from corporations in general.' , t Chaplain to Late Cork Lord Mayor Arrested ' Dulin, Dec. uJ-Tvro monastries were raided by the military and po lice in Dublin this morning. They ar rested twf,Pfiest5r one of ' them Father' DtfiJlUliiYwho was chaplain to the late Terence MacSwiney. The other priest was released but Father Dominic was held. v. ?; . In order to: prevent surprise at tack at points considered vulnerable, Dublin castle was strongly fortified today. On the northwest corner of the castle, the street was closed and barbed wire barricades were placed. Dublin castle's weekly summary of events in Ireland, issued today, contains-leading articles on the "truce talk" which it terms "just simple, plain propaganda." ' . Telephone Companies Show Profit During September " Washington, Dec. 17. The 65 major telephone companies of the United States operated at a profit of $7,525,913 during September, an in crease of $3,024,179 over the corre sponding month of 1919. The income of the companies for September amounted 1041,736,621, while the operating expenses amounted to $31,690,367. For the nine'months ending with September, the total revenue of the companies amounted to $359,287,217 and the expenses to $274,988,939. The total operating income for the 10 months was $60,324,636. - "T Rooster s Crow Heard Distance of 600 Miles Rock Island, 111., Dec. 17. Rock Island claims to have the world's record long-distance crowing roost er.. His crow can be heard more than 600 miles awav. While R. K. Karlwoa was sending a' wireless telephone, message to Dallas, Tex., the rooster crowed and the operator at the receiving end said the cock's "mornin's morning" was so loud it woke his wife and she get up to make breakfast. Shoe Factories Cut Wages. Springvale, Me., Dec. 17. The Sears-Roebuck shoe factories here announced a wage reduction of 20 ! tier cent, effective December 27. Normally 600 are emploved. but the factories have been running with fhort crews of lat. Cartoon? of the Day iCopyrlcht: 1M0: ByTavChlcaroTtttaik. Case of Harbour Still in Hands Of Bluffs Jury Talesmen Still Deliberating Over Innocence or Guilt of Alleged Slayer of George Mikesell Last Night. At a late hour last night the jury in the case against James Harbour, charged, 'in Council Bluffs court with the murder of George Mike sell, was, still deliberating. The case was given to them at 12:20 yes terday noon. C E. Swaneon, county attorney, closed the argument for the state yesterday morning. He said that all evidence in the case corresponded up to the account of the shooting. Har bour admitted to the jury firing some shots. ' Mr. Mikesell, his for mer wife, said so, and Delphia, their 11-year-old daughter, testified that her father fired the shot that killed Mikesell. Judge J. B. Rockafellow, in in structing the jury, told them that Harbour would be guilty if he even were concerned in the shooting, al though he did not f ir the fatal shot If there was an agreement between Harbour and Mr. and Mrs. August Sierck, indicted for the same offense, to commit an offense against Mike sell which resulted in his death, all would be equally guilty. The defendant. Harbour, wept while attorneys for both sides were making their closing arguments and sobbed loudly while instructions of. the court were being read by the clerk. His former wife, Mrs. Mike sell, and their young daughter, were unmoved during the whole of the murder trial. Alleged Railroad Car Thieves Plead Guilty C. C. Cox and Frank Wagner, ar rested August 24 by J. H. Ready, special agent for the Northwestern railroad, who found them in an empty boxcar with a quantity of mcrhandise stolen from another shipment, were arraigned in district court , at Council Bluffs yesterday. Cox pleaded guilty to receiving stolen property and was given a fine cf $500. His appeal bond was fixed at $1,500 Ay the court. Wagner, who admitted stealing a portion of the loot, pleaded guilty to a petit larceny charge aftd was fined $100 Or 30 days in jail. Judge Refuses to Quash ' Order to Stop Arrests . Davenport, la., Dec. 17. Judge Barker, in district court, today over ruled a motion to dissolve the in junction restraining socialist city of ficials from continuing the arrest of street railway officials and interfer ing with the operation of their lines. Recently when they refused to take orders from the city authorities, war rants for the arrest of officials and trainmen were issued and all were fined in police court on; charges of violating the franchise ordinance. The following day the officials were again arrested. Then the company went into court and obtained the in junction. Iowa Bowling Meet to Be 1 Held at Des Moines Des Moines, la., Dec. 17. The sev enth annual tournament of the Iowa State Bowling association will open here January 15, with two five-men squads in action, it was announced here last night.', The five-men events will be held in the evenings and the doubles and singles in the day time. January 15 and 16 have been re served for visiting bowlers frea throughout the state, 1 Rioting Renewed In Kansas Town Negro Club in Downtown Sec tion of Independence Fired On by Whites. Independence, Kan., Dec. 17. Two hundred armed members of the American Legion patrolled . the streets here today and threw a heavy guard around the city hall, where Noble Green, negro, alleged slayer of a grocer, was being held. The gro cer's death resulted in a race clash last night in which two persons vere killed and five wounded.- The town was quiet today, but race feeling smouldered i under the surface and fear was expressed by officials that an attempt would be made during the day to lynch Green. World war veterans armed with rifles and shotguns patrolled the city in automobiles and took stations on street corners. -: Race feeling flared out again early today when the Twentieth Century club, a negro pool hall in the down town district, was fired on. In the promiscuous ' shooting which fol lowed windows were broken in a hotel across the street and the guests terrorized. No one was in jured.. Chief of Police Hall displayed a bullet hole in the rim of his hat this morning. He was fired on early to day by an unknown assailant. Wheat Acreage Is Less Than That of Last Year Washington, Dec. 17. The area sown to, winter wheat this fall is 40,605,000 acres, which is 2.8 per cent less than the revised area sown last fall. The condition of the crop on December 1 was 87.9'per cent of a normal, compared with 85.2 a year ago, 98.5 on December 1, 1918, and 88.4, the 10-year average on that date. The area sown to rye this fall is 4,653,000 acres, which is 11.4 per cent less than the revised area sown in uic uu vi idsi ycat. The condition of rye on Decem ber 1 was 90.5 per cent of a normal, compared with 89.8 a year ago, 89.0 on December 1, 1918. and 91.2 the 10-year average on December 1. Wool Growers Will Met In Salt Lake Next Month Salt Lake City, Dec.i 17.-I-The fifty-sixth annual convention of the Natoianl Wool Growers' association will be held in Salt Ike City, Jan uary 17, 18 and 19, according to an nouncement made by F. R. Marshall, secretary of the association. Gov. W. P. G. Harding of the federal reserve board has accepted an invitation to address the conven tion on financial matters, including relationshp of the federal reserve system. Senator-elect Standfeld of Oregon, Senator-elect Frank R. Gooding of Idaho and Thomas Walker Page, chairman of the tariff commission also are among the speakers. The Weather Forecast Saturday, fair; not much change in temperature. Hourly Temperature. S . m.. ........ 17 10 . m tT ft. m.,.., 20 11 a. m 1 1 m ts:lt noon 1 8 a. m.......... Zll 1 p. m K) . m SS S f. m SB At 1 ft. m dry. hulb, tS -wot bulb, 11 1 relatlv humidity. 50. At noon, drr knlb, .1; wet bulb, 44 1 reUIW hnmldlty. 41. At noon, wind Telocity. It mUea as hour. Shipper' Bulletin. Protect ahtptnenta durtn tho net H to 3 houra from temperaturea pa follow: ncrth a.nd aat, to deKreea; loutb. li da Sravas wtft. It desraea, COLE AND GRAMMER DEATH CELL Supreme Court to Hear Appli' cation for Suspension of , Cole Sentence Today Stay Is Denied. SUMMOxN EXECUTIONER FROM MASSACHUSETTS Grammer to Be Executed Monday, It Is Announced, Even If Companion's Ap peal Is Successful. Lincoln, Neb., Dec. 17. (Spe'ciai Telegram.) Refusing to ,make anj comment on their changing fortunes, Alson Cole and Allen Gramme? ' were taken to the death chambr in. the state penitentiary late this after noon. This cell will be" their horn until they take their final march to the electric chair Monday for the murdet of Mrs. Lulu Vogt in Howard coun ty in 1917. The chair was prepared for thenC a year ago and stands in the next room to the death chamber. Not until their transfer to the death cell were they informed that they had again been reprieved for three days, No More Reprieves. A stay of sentence for Cole was denied by the supreme court this afternoon and tomorrow at 10 o'clock set as the time for hearing the ap plication of J. M. Priest, Cole's at torney, for a suspension of sentence, Assistant Attorney General Wheel er informed the court that a formal order of the court or a judge woulcj be required to stop the execution. He stated that no reprieve would b granted on the mere filing of an ap plication in the court All of th judges were present at the hearing. Governor Sets Date. Execution of Alson B. Cole and Al len V. Grammer next Monday was ordered by Governor McKelvie to day. No official hour is set. Edward B. Currier of Boston has been summoned to Lincoln to throw the switch on the electric chair according to persistent reports around the state house. These re ports are neither denied nor affirmed officially. Cole Files Appeal John M. Priest, attorney for Cole, filed an appeal to the supreme court this morning from the action of ;hex Howard i county court, - , , .. The appeal names three counts v wherein the .attorney alleges the Howard county court erred. The appeal claims the court erred in refusing to give Cole a hearing on the degree of his guilt, in refus ing to call a jury to, determine what . punishment should be given, and in not following the statutes in regard (Turn to Pare Tiro. Column Ftva.) Poffenbarger "Ragged" For Asking Others to Join in Mail Robbery Des Moines, la., Dec. 17. (Spe cial.) All the way from Des Moines , to the federal prison in Leaven worth, Kan., Orville Phillips "rag ged" Fred Poffenbarger for "ring ing in" Keith Collins and the rest of the Poffenbarger family on the mail train robbery in Council Bluffs, November 13, according to Superin tendent of Police Marshal Miller, who has just returned frpm taking the two young robbers to prison. Phillips told Superintendent Mil ler, he said, that he planned the. whole .robbery himself and asked " Poffenbarger to help. He, said Pof fenbarger didn't tell him anything about Collins and the others in the robbery. He declared all he g;ot out of the loot was $97 and a bunch of ; bonds "about as valuable as a bunch of old newspapers." Phillips con j tinued to maintain that his, brother, j Merle, awaiting trial, had nothing to ! do with the robbery, and told his ' r-tory merely trying ta A: protect I Orville. '-'- Secretary Tumulty Plans To Practice Law in Capital Washington. Dec. 17. JoseDh P. Tumulty, secretary to President Wilson, announced that he had de clined the appointment as a chief justice of the court of customs ap peals which had been offered him by the president and that he would begin the practice of law in Wash ington after March 4. Mr. Tumulty said he had no doubt of his confirmation by the senate as he had received assurances from leading republicans that there would be no impediment placed in the way of it. Trade Unions in Province , Of Valencia to Dissolve Valencia. Spain, Dec. 17. Orders have been issued by the governor for the dissolution of all trade, union in the province. He is sending notices to the mayors of the various cities asking them to take the strctest measures to prohibit union activi ties. Negotiations with dissolved unions or their delegates is forhidden by the governor under threat ot sever punishment. San Francisco Bay Ferry ,Boat Employes to Strike, San Frfl-irfcrrt Der 1 7 Organ ized workers on San Francisco bay ferries announced they will quit work tomorrow night at 12 o'clock a, a result rf a denial nf thfir rl. mands for a wage increase. The fer-'v ries carr? approximately 50,000 pas sengers aauy, most ot tnem commu- ters between San Francisco and athm er bay cities V1- r