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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 21, 1920)
THE BEE: OMAHA. TUESDAY. DECEMBER 21, 1920. 0 3' Fidii Carried To Seven Courts Ends at Chair Legal. Battle Which Brought : Nineteen Reprieves Con ' eludes as Lawyers' Exhaust I . All Resources. On the morning of July 5, 1917, the bodof Mrs Lulo Vogt was i found, lying in the roadside near her - home at Elba, Howard county, Ne- braska. N . ' Examination disclosed numerous bullet wounds. Indications' pointed to the fact that her body had been thrown from a moving vehicle to the side of the road. Mrs. Vogt had long been a re L spe.-tcd resident of the community in which she had lived, and the citi zens of the 'county were -immediate-' ly roucd-to frenzied efforts to track . the murderer and bring him back to ; face justice, , The crime developed into one of i the deepest mysteries in the annals t of police hfstory in Nebraska. Careful investigation into the movements of Mrs. Vogt the night before her dead body was found, and the disappearance ot Alson B. Cole. iron) his customary place of em ployment at the farm of Allen V. Grammer, Mrs. Vogt'ssson-in-law, . soon threw light on the apparently ; incoluble crime, however. . , ' Further probe disclosed, the fact ;. that Cole had used his employer's r aut tvohile the night cfjuly 4. A nationwide search was instituted ,for, (he youth, scarcely Over 21 years - old, and a reward wai offered foi '". his arrest. v' Weeks oassed. Information was ' V finally received What he had been ap . ' 7 prehended in a small town 'in Wis x consin, and had admitted his iden tity. He was returned to Nebraska , . to face charges of murder. Meanwhile feeling at Elba had increased to fever heat. Lynching was rumored, and whispered threats ' t. against the young man, accused of , ' lle crime, went the rounds of the ; Serf tire county. : Cole, was kept in Omaha. ,One! r-ht. itfter a day and night of gruelling "nxaminatfon and alleged third degree, at the hands of several V Omaha detec'ives (n a room' at the . 7 Paxton hotel, he capitulated and dictated a confession of 'his connec i lion with the murder. ,v In this confession, he implicated ,' Grammer. his former rnployer-and ' , the sort-in-law of the murdered . r woman, apd, upon this confession, GFstmrner was taken into custody. The confession stated 'hat Grammer i. had offered to pay Cole $500 to kill .1 Mrs. Vogt. ,r ,Th twp men were placed on trial in Howard county on March 12, k 1913. 1 After a jury had been impaneled .,.' and sworn Cole withdrew his plea of i not guilty and entered a plea of F guilty. He was sentenced almost at once to death by electrocution. ' Is Speedily Convicted. Grammer stood trial and was speedily convicted on ' evidence of j Cole's confession in Omaha. ,He, too, was sentenced to death m the electric chair, to pay with his life for the murder of his mother-in-law The condemned men were re moved to the state penitentairy, and then began one of the most thrilling fights for human life. ever staged in Nebraska. The trial was resplendent with sparkling legal technicalities. Pleas, . counter pleas, requests for writs of habeas corpus, tried and denied; ap peals to the supreme court and af- fum at ion irf every detail of the find 4 ings of the lower courts met each and every step and move of the at torneys for the doomed men. At the stale prison Cole made a second confession', in which he ex- . oneratcd Grammer of any complicity in the crime for which he was con i victed. The confession was never admittedjto' evider.ee before a jury VV in behafpf Grammer. '' , . bI Vked by High Court i. The supreme court, prior to this . fecOnd confession, had blocked the , " last avenue by which Grammer's ( counsel might have been able to f, mae use of it. "'.. :u Cole, having confessed his guilt, did not appeal to the supreme court. Grammer's Mttorneys, however, filed , a bill of exceptions, in June, 1918, f arid the supreme court's action, af- ' inning the decision of the lower icourt, was returned March 27. lfM9. ; ' In its decision, the court seti the date. foe. the electrocution of the con demned men for June.6, 1919. , ) At once, motion for a rehearing 4 was filed ' by Grammer's counsel, Vi- causing a stay of execution. Ruling on this motion was made July 16, ar.d the 'court again named a date f, for the carrying out of the sentence ' .tor September 19. Habeas corpus action was started V on behalf of the two convicted men -4 ( Come with the crowd y to Oakford's for all things musical. & We have everything fronCa Jewshdrp , to a Steinway Grand. & ' Besides, we guarantee you against falling prices, y & open every Might (OAKVOUD Mdsric Co. 1807 Farnam I' 5 I . .. 'I i1 -oVivV I. ' V, A "J -Ml ' 1 xv I .,- 'J y? I , - 1;. J v I Sii if mM at this time, but was overruled by Judge VV. M. Morning of the Lan caster county district court. Upon a new appeal to tiie supreme court, the findings of the lower court was again affirmed, and the fatal day was named as January 9, 1920. On January 2 Governor McKelvie granted a reprieve until January 16 and ordered a hearing on application for executive clemency. Attorneys Sterling F. Mutz, and . M. Priest, counsel for Grammer and Cole, respectively, seriously at tacked the long trial of the case, alleging innumerable irregular tech nicalities., i The hearing was featured by., a disagreement between the two young men, who had been facing death to gether in the, solitary death celN since April 1,1928. At this time, Cole repudiated his "second" con fession, in which he attempted to exonerate Grammer of any com plicity in the crime for which they were both convicted. He stated that his''first confession," made in Omaha under third degree, was correct.. This confession alleged that Gram mar offered him $500 to kill Mrs. Vogt, and was the evidence upon which Grammer was convicted. s Alleged Third Degree. The attorneys Vlleged at this hearing that third degree methods had been resorted to successfully to secure the confession from Col in Omaha, that the district court of Howard county had allowed the audience in the court room at the time of the trial o express its feel ings against the man on trial, and so exert a psychological influence upon the jury, in which, they further alleged, was a juror who was neither a citizen of the United Mates nor mentally competent. January 16,- the day Cole 'and Gramnjer were really expected to die, Governor McKelvie announced tljat he vhad granted a two' weeks' renrievevkrt the two men. because fof incompleted lgal ai.tion in Cole's behalf being undecided He included Grammer in the reprieve because the two cases were so closely linked. Say Slayers Sane. On January 30, the fifth date 'set for the exexcution of Cole and Grfcnf mer, a medical board, comprised of Dr. Munger and Drs. B. F. Wil iams and B. A. Finkle, reported to the warden that in their opinion both" slayers were sane Under the law, having full faculty to dis tinguish between right and wrong, although it was the belief of th board that both men were moral degenerates. , ' ' . Last Minute Reprieve. At 3:30 the, afternoon of Febru ary 6, 1920, just two and Tialf hours before Executioner John Hum bert was scheduled to .switch , the death-dealing current into the bodies of Cole and Grammer, Warden W. T, Ferlton was notified that Gov-H ernor McKelvie had signed a last minute reprieve, granting the two men a 24 hour stay. , - ' . 'The prison had been humming in preparation for the execution and the reprieve .came ap a complete sur prise. It had been' solicited by At torney General Davis follow;riga 3 to 2 decision by the state supreme court against an appeal for a jury to pass ton the sanity of Grammer. Decision Invalid. The supreme court deciin was not valid because Judge Day. fpr. merly of the Douglas county-district Street) Omaha Executed in Electric CR!son 3 Cote court, was not present to cast a vote, Judge Day was requested to go to Lincoln immediately to cast the de ciding vote, which, it was believed, would settle the fate of the two pns finer.. . . - A It was with great difficulty that Warden Fenton succeeded in molli fying Executioner Hulbertr who had made reservations for pn immediate return to New York. On the prom ise by Governor McKelvie that the supreme court would give its final decision on the appeal . the next morning, Hulbert agred to remain and complete "the matter.": New Complications Arise. Although the supreme court voted next morningi to sustain the district court's decision against 411 appeal on sauuy grounds new complications arose, however. Federal -Judge T. C Munger returned to Lincoln, re fused to grant at writ of habeas cor pus, but permitted an appeeal which automatically stayed the execution. Executioner Hulbert left that aft ernoon for New York, vowing he would never return to ''attend to the matter." - His fee had been drawn from the state treasury the day be fore in preparation to pay him for his work, but he had notreceived it. Warden Fenton informed Cole and Grammer of the stay early that afternoon. Grammer collapsed completely. His girl wife, Eliza beth, jvho had been with him most of the time during what he-beiieved to be his last '-ours, only smiled and said, "I'm glad." , t Cole Indifferent Cole maintained his indifferent at titude, . remarking, "I knew they wouldn't carry it out. ' It was a close shave yesterday," , he added. The mext date of execution was fixed for February 20. . Federal court procedure automatically blocked the execution oh this day, however, and the date was advanced until March 19.' J On March 18, E. R. Currier, professional executioner--' from Massachusetts, arrived in Lincoln. Allwas again in readiness for the execution, but, as in Jhe past, calcu lations of -state officials had been I wrong. , Attorney - General Davis had anticipated a decision from the United States circuit . court ' at St. Louis on an appeal made for Gram mer, but the decision was not forth coming. The governor granted a reprieve until June 4, and Executioner Cur rier renamed east. WhenWarden j Fenton ' went to Grammer's cell " to inrorra him ot the latest reprieve Grammer had collapsed entirely, and even vhen he heard the news of the stay his condition was not im piovid. , Examined by physicians his condition was pronounced ab normal, but it was declared he was not "legally insane." Cole still Dr. -Shipherd's Special Christmas .Week Prices Benefit the ' Children We know that i high prices --of .shoes, clothing andfood during these strenuous tifneer'are making it axnarpnip ior many latners mothers to provide the proper and attention to the teeth ot children. ' We know the value of g'otfd teeth in shaping the fu ture of these little folks and it i$ in recognition of those two important facts that Dr. Shiphord has provided a special service for the children during Christmas week vt Prices : Slightly A bove ) Cost of Materials These special low prices are applicahle to children of school ago or those under 16 years of age, aftd,we are go-' ing to take care of just as many as we possibly7 can during the time this special service prevails. " ThisMs our regular HIGH-CLASS service and is an unusual opportunity for yod to obtain attention to the den tal requirements of your little folks-remember, we "ON Li CHARGE A LITTLE AI30VE THE COST OF THE AC- MATE?IALS USED-the service is practically kllhh. Your boys and girls will enjoy better health and a happier existence if you do them the kindness to look aftcrtheir teeth NOW. Dr. . D.Shipherd. Vice Pres. and Manager. Bailey Dental Company ' Incorporated Rentistii. .04.711 1 ,1y yatfonal Hank - ICta d Harney, rhonea Donglas M20 andS121. Chair I maintained hi calm infllfforpnrp which physicians said was due to a lackf 'finger sensibilities." Still No Decision. ' ' Another 30-day stay of execution was granted by the governor on. June 2, pending hearings in vie United States circuit court, and thus June 4, "the 13th date set for the execution, passed. ' v On July 3 Governor McKelvie p-rote judges of the circuit court ask ing how much longer it would be necessary to sta the execution. On July 7, two days before the 14th date set for execution the governor stated he had received no advice from the judffes,, and although he did not grant another reprieve on this day no effort was made to se cure a professional executioner. The next day, however, he stayed execution until August 6, still waiting-for the result of appeals in the circuit court. " Anothei respite was ranted by the governor 011 August 4 because no decision had beeni received-from thecircliit court Sep tember 10 was the 16th date set for execution. When this date' arrivedr I however, new court proceedings ha(T been started for Cole and no deci sion had been received on Gram mer's latest apreal." - . Another Chance Goesv Hence the 17th date of execution was set for November 12. On Octo ber" 12, however, Federal Judge W6odroughjemanded Cole back to the 'Howard county court where he was sentenced, for a new hearing, oeclanng the trial jude had not de termined the degree of guilt of Cole Due to Judge Woodrough's de cision and to a new appeal to the United states supreme, court started by Grammer, Governor McKelvie gave another staj. fixing the 18;h date of execution for December 17. On December 14, three mys be- tore he was condemned to die in the electric chair, 1 Cole was a prisoner in the Howard county jad at St. Eaul. John .M, Priest, attorney for 'Cole, on the same day filed a motion for a new trial based onJudge Woodrough's former decision. On December 16, one day before 'the 18th date set for execution Cole lost-l his last chance1 for clemency at the hands of -Judge Woodrough when the jud?e refused to consider At torney Priest's request that he cite Governor McKelvie" Assistant At torney General Mason Wheeler and District Judge Paine for contempt of the court. Kequest icr these 'con tempt proceedings was based on the refusal of Judge Paind to grant Cole a hew trial and his ordering Cole back to the penitentiary. ' Attorney priest immediately ap pealed to the supreme court for a stay-of sentence, which was refused. Saturday, the day set for the exe cution. Cole and Grammer were and care their i Dr. 6. D. SMphent. vice Vtrm. and Gen. Mar. for the paat aeven year. l Complete Record of Execution Dates July 12. 191S First dote urt for ex ecution bj trial raurt. - January 17, 191 Sfonnd int. ttt for execution, v April 25, 1919 Third date for July 11, 1919 fourth date aet fur I September 10, 1919 Fifth date fet for execution. January . 19S9 SUth date eetfor execution. January Id, 19T0 Serento date tet for execution. January SO, 1910 Elrht date art for exerutlon. February , 11)29 Ninth date eet for execution. . February 7, 1920 Tenth date eet for execution. ' February SO, 19.0 Eleventh date set for execution. - March 19, 1920 twelfth date eet for execution. June 4. 1920 Thirteenth date eet for execution. July 9, 1930 Fourteenth date eet 'or execution. Auxuxt 6. 1920 Fifteenth date eet for execution. ntember 10, 1920 Sixteenth date jr execution. November 12, 1920 SeTenleenth .date aet for execution. December 17, 1920 Eighteenth date eet for execution. ' December 20, 1920 Nineteenth date let for execution. , taken to the death chamber. Just opposite this cliambet is e room containing the electric chair pre pared for their execution. f The state supreme court dismissed a petition in error filed as a last at tempt to save Cole's life. Governor McKelvie signed a reprieve until Monday, but ordered the execution to take place then. No hour was named officially. E. K. Curriej. executioner of Boston, Mats., was telegraphed to hurry to Lincoln. Death Penalty Paid By Tw6 Murderers (ContinueuV-Frora Fnf e OneX room, urammer arose trom the tfed where he had been sitting be tween his aged and bent fafherand Vh girl wife. ' He was attired in a blue serge suit, minus the coajL a white shirt, soft' collar and a white tie. Over his shirt ,he wore a red sweater coat. , ' After the newspapermen had en tered the cell he stoodvbefore them and thanked, them severally for the fairness that had been displayed by the papers of Omaha and Lincoln during the course of fhtf'two vears and a half that he had been fighting for reversal of the death penalty im posed upon him by Judge B, H. taine-ol St. Paul in 1918. ' "Ready to Go" "I - believe that, although not everything that 4tas appeared con cerning this case has been without color, the majority of you men here this afternoon have meant to, do the ripht thing. I have made my peace with my Maker and I am ready to meet Him, and it appears nowjthat I am about to. "Mutz and Mr." Campbell have zA made a good fight for me, but have been defeated. I hold no ill feelings towarq anyone either connected with this case or on the outside. I am ready to ko. During his short speech Grammer stood erectly before his auditors and never once displayed the least sign ot nervousness. His recital however, was punctuated by repeated sobs on the part of the girl wife who was supported by her roommate. The father, gat quietly during the entire speech of his-son and occasionally wipedL the tears from his eyes. x ;Cole Leaves Statement Following the dismissal of news papermen by Grammer. the door was again closed and Grammer was given nis last moments on earth m com pany with those hear and dear to him. In the adjoining cell, Cole sat in quiet conversation with L. A. Greg ory and G. iv Mcradden, Christian Science practitioners of Lincoln, who have been his companions since his arrival, at the state prison. Cole was fully dressed in a blue serere suit and a white linen collar, Calling tor the warden, Cole re quested, that the. representative of The Omaha Bee be called for a private conversation. It was during this conversation that he informed the reporter that he had prepared a statement ' wnitn ne nau given to his attorney. In making this an nouncement he stated that the re leasing of the statement would be left entirely to the"discretion of his advisers. -. Phystc'ana Late. During this conversation he calm ly smoked a cigar, which he later tossed aside and lighted a pipe. "This was given to me last Christ mas by Cavanaugh, captain of the guards, here at the prison." Light ing the pipe from a small nickel plated xigar lighter, he tossed it into the lap of his attorney, John M. Priest, who had entered the cell, and told him that he could have it. Three .o'clock arrived, the hour scheduled for the execution, but it was postponed because of the late arrival of Dr. I. C and A. D. Munger, the former being the prison physician. Immediately upon their arrival Grammer was called from the room in which he had been taken with his relatives and taken across the hall where he was examined by the two physicians. As he left his cell he turned and for the last time got a glimpse of his father and wife. The door then closed upon him. .i Grammer was accompanied to the. death cell by the Rev. T. A. Maxwell, prison chapyam.' He walked with a firm steady tread. At the door the chaplain offered prayer and then Grammer turned to those who crowded around and shook hands with them. Especially grateful was he to Warden Fenton. As he grasp ed the warden by the hand he smii ed and wished him the best of luck. The j warden returned a heartfelt good-bye. x Grammer entered the cell and at 3:20 o'clock the current was applied. I ' " ; -CHRISTMAS: A time for giving and s QbristmasTip to MAIN i muxm believe that women, at Christmas; want useless extravagances- 'unusual things which they would neyer buy for themselves. t t But it so happens that oftentimes these gifts, received with outward ' ' i . . -i .. . earn jp A aTvam. 4 joy, cause inwara xriDuiation. Therefore, let one vjho Tiows advise. j - If you would be extravagant in your'buying, also 'Jf Pacc' Whether it is for your wife, mother, ir daughter jt sister, you may happily choose some thing to wear; a smart little frock, a big warm coat, a suit, a blouse or furs, that most regal of gifts partictddrly fitting for the dearest girl, r And if you choose here, you will have the added satisfaction of knowing that whatever you select will be serviceable, as well At 3:23 p. m. Grammer was pro nouncer dwtd. - ( Grammer Reasserts Innocence in Last v Statement to Public Allen V. Grammer reasserted his innocence of any crime in the follow ing statement issued shortly before his execution. ' To whom it may concern: Ivam now ready. I have just a word; let me again sav, I am innocent ot ahy thing whatsoever of anything to do with the murder of Lulu Vrgt, my wife's mother, and . I am meeting death with a clear conscience for which I am most thankful, and only wish I was as innocent of other things, but I am not and what wrones T have done I certainly regret and wish I could live my life over again. It is hard to go and leave my dar ling wife, one who has given up al most everything in order to stay by me through all these trying times, but it seems that I must go. I thank God in heaven that I can meet death with as little or less fear than those who demand it may. God knows my dear old father has 'done everything possible for me, but my ruind has been made up ever since the election returns came m, and I knew that I gotSome relief through the courts, I was done for. I do not knojv what the other candidates might have done if elected, but I felt confident that my case would at least receive consideration. I do hone that the incoming legislature will Nabolish capital punishment for I be lieve that time will bring about the truth about my case. I do not believe that any man, no matter now bloodthirsty he may be, wants the life of an innocent man. and if the man be , guilty, two wrongs never make a right and the second is not better, than the first in the eyes of God. I do not wish to be understood as criticising anyone in this case, but l ao nope that the taking of my life will saftsfy all so that no more lives will be taken (socalled) legally or otherwise. So far as I am con cerned, personally, rather than serve even 10 years here I prefer to end it all right now. This isn't the play- I i. t;i : i. "'Jiuc buiuc ycuyic UUUK 11 IS. No, friends, if you will allow me to call you such, I am not afraid j to die and I am prepared to meet God. God be with every boy here for only those who have experienced it can know what a life here is. God help the men whoWe the law makers of the land to realize man as he realty is and that no matter how severe the penalty they attach to a jnme, it does not sever the crime. May' God tome into the lives of every man in charge of this institu tion if he hasn't already-and help theiri to realize that the inmates are flesh and blood just as they them selves are. ALLEN VINCENT, GRAMMER. for getting and forgiving and a as tasteful. 1 t - r is w &vg Rich Prima Donna Vanished ,0n Eve Of Operatic Debut Mnie. Canna Walska, ''World's Most Wealthy Singer,' Disappears From Chicago. Chicago Tribune-Omaha Ree Iaard M ir, Chicago, Dec. , i?0. The perform j ance of Leon CavollcTs opera, "Za ?a." which was to be featured Tues day night by the operatic debut of Mme. Ganna:Valska, the "'world's most wealthy prima donna," has been indefinitely postponed. That announcement was made yesterday by Herbert M.' Johnson of tne Chi cago Opera company. . Simultaneously with the above at nouncement it became known that Mme. Walska checked out Saturday from her luxurious quarters in the Blackstone hotel. She left no for warding address. Friends said she had returned to her husband's home in'New York City. Various explanations were vouch safed, among them being that of Mme. ' Walska herself, wIirhH she gave to friends: - "There is a great deal of trouble and I am tired." Mme. Walska is the bride of Alex ander Smith Cochran of New York, whose fortune of $8,000,000 caused him to be known as the richest bachelor in the world. It was the Polish soprano's third venture in matrirrttmy. They 1 were married last summer in Europe. Mr. Cochran has an international reputa tion as a yachtsman. His yacht, the Vanitle. successfully defended the America's cup in 1914. Women Express Horror V Over Taking Human Life" Interest in the execution of Cole and Grammer was high fa Omaha yesterday. All day questions came into The Bee office by telephone. Some of these were merel from people idly curious. Others came from women who- expressed great horror over , the ''taking of human life." . One woman tald she was circu lating a petition 'tbgtop the execu tion at the last moment. , At 2:20 a woman' called up and in a braken voice aslced: "Have Cole and Grammer received a reprieve?" - : Being told that they had not, she askedj 7 ; - -.!- ''Neither of them?". k "No." , "And will they both be executed?" ' "Yes, at 3 o'clock.' 1 "My, that's awfuir she exclaimed and sobs could be heard as she hung up the receiver. . ' forgetting. mm!, m " mm 1 l 1 t w JUiTi I If r ; - ' (' ' . " ... y - !