mi! THE BEti: OMAHA, TUESDAY, UCTOUKK .25. Alibi Is Defrnsfi In Murder Case A T1 Jrm a UI Lrnest Uark Witness for State Trlla of Threats Made Against Man Found Dead Near Ak Sar Ben Field. , , Henry Btal. deputy county attor ny, began hit argument to I lie jury late yetterday in the atale'a caae againtt Erneit C'larkf charged with the murder of William li. Smith, , September 2. near the Ak-Sar-Ben field. Smith, a ttreet railway employe, wn found dead September 9, with a broken jaw and an injury on the le(t V ide of the head. A piece of aewer 4 erne lay near. 1 Ray Aaher, ttate't witness, told of threat! made by Clark aganat Smith on account of the alleged theft of a gun by the former. Officer Fleming . testified that Clark had also contested to the theft of an automobile in Kama. Witnesses for the' defense testified that Clark had not left hit tister't home the night of the alleged niur ' der. John MacFarland will argue tor the detente this morning. Executor Asks Court To Authorize Sale of "Happy" Benner's Land Permission to sell the late Happy 'an Wyck Benner's farm land hold ings in Johnson and Fillmore cdun tiet,' in order to meet $89,461 in mort gage debts is sought by John . :' Steinhart of Nebraska City, executor of the estate, in papers fied yester ; day in district court, i A palatial residence in Washington, f D. C, the home formerly occupieid " by Mrs. Benner's father, Senator Charles E. Van Wyck, it listed as ; worth between $40,000 and $60,000. All her property is held in trust for her son, Van Wyck Benner, now 18. More Than 200 Felony Cases Awaiting Trial More than 200 . cases involving felonies are waiting trial at the pres ent term of court, according to Ray Coffey, assistant county attorney. Forty-five persons are in the county jail now, awaiting trial. , This does not include any of the I grand' jury indictments. Because of the unpreeedented rush of business and the fact that the leg i islature turned down action looking 1 I to ihe appointment of new deputies, it is possible some of the cases may not come to trial this term, Coffey stated. Not one of. the 45 men in jail is : held for liquor violations. ; "The latter furnish bond and get their release," he said. No Community Center Itpublic" schools will not be continued this winter, according to siaiemenis by City Commissioner Hummell of the nark department, who' conferred with Mayor Dahlman on the subject. For several years these centers ! wrm maintained Iw the ntihlic . rec reation department. Paid supervisors were assigned to promote and .di nner the activities. ' ' - T " fi Commissioner Hummel and Mayor Dahlman do not-believe that public . funds should be spent for these ac- tivities. Drue Store' Phone Users To Pav for Conversation Conversational yisits,4 er down town free telephones are being elim inated by the new type of pay" tele phones which have been installed in many stores. - - - The company reports that 250 of these . telephones have been placed. The retailer who has a pay telephone guarantees $6 to the company, re ceives his in calls free, and is allow ed a percentage of the receipts above $6 a month. Formerly he paid $7.70 a month for his telephone. . Corliss Auto t Be Sold To Pay Government Claim , The seven-passenger touring auto mobile of Leroy Corliss, recently in dicted Head of the Waterloo Cream ery company, will be sold at public auction October 31, to satisfy a gov ernment tax claim of $1,501, - Nntirp of the sale vere posted at thceourt house yesterday by deputy district. ; , s Victim of Auto Accident Sues for $5,000 Damages William Sisson brought suit for $5,000 damages in district court yes terday against Laurence Spalding for injuries sustained October 18, when he was run down by Spalding's car at Thirtieth and Leavenworth streets. ' Sisson charges Spalding was traveling 35 miles an hour when the accident occurred. Judgment Awarded Same Day Action, Was Started .- District Judge Troup broke- all lo cal records for damage suit awards by issuing a decree in favor of Clyde O. 'Murman, who brought suit for $2,000 against the American tTrans- vv- fer company on account of the death - " of Gerald Murman, J. The judgment was for $1,200 and was rendered on the same day the action was started. Put layers of spongecake together with jam and top the whole with jrhipped cream. Delicious. Where It Started Roller Skates. The invention of the roller skate dates from 1823, when notice is made of a newly invented skate of this type. Apparently the first roller skate did not have the familiar two wheels, but operated on the principle of the modern ball bearing straighter ow of small wheels or balls held in , a groove forming the runner. It was first exhibited in a tennis court at Windmill street, London. Ctarrtcht, ltU. VM Byadleata. Inc. Iwo'Minute Sermons Written Especially for The Bee by Gipsy Smith INVESTINO FOR ETERNITY. When people get the real thing, they will tho as much enthusiasm over their religion at their tportt. Pleasure it a patting i c e n t, gone in au hour. Faith will outlive the Mart. I prefer In hitch my life to eternity. Almott $1,000,000 wat t p n t for teats at the world aeries bate ball garnet. . Another $1,000,000 wat tpept for a prize fight. If men of the ' world value their enjoyment to highly, what ought Christian men and women to do in return for the highest joy that life can hold? Cry of a Heart Nothing in the world so are-utes my enthusiasm at my religion; no thrill can equal that of seeing a man turn his face from sin. What can anyone see in a foot ball or bate ball game every day? I can understand enjoying it once a week, and I like a game of golf once in a while my self, but kicking, throwing or chasing v CHAPTER XXI. Plans for Winter. It was almost fall. The nights and some of the days were chilly. Those that had spent the whole summer out of doors began to think about where they should pass the winter. Yet everybody was amazed by the pews that Mrs. Ladybug spread broadcast. She said that she expected, soon, to go into winter quarters. Humph! cried Daduv Longlecs wife when she heard what Mrs. La- Have you had one?" iusiei BumUebte asked, ne. dybug was saying. "She never had any quarters, so far as anyone knows. Mrs. Ladybug hasn't been able to tear herself away from the orchard long enough to live any where except in the apple trees." It was plain that Daddy Long legs' wife didn't believe what Mrs. Ladybug was telling her neighbors. And there were many more folk that agreed with her. ' . Little Mrs. Ladybug smiled a knowing smile when she heard that her friends thought. - "They'll seel They'll seel" she said. "I'm going to spend the winter in the biggest and finest house on this farm," That was all she would tell. She wouldn't breathe another word about her - plans. And naturally, everyone became very curious. There wasn't a soul that wasn't agog to know what Mrs: Ladybug intended to do. f The neighbor asked her, begged her,' teased her some even threat ened her. Butane declined to an swer. She said that if She told where she expected to pass "the cold months everybody would want to go to the same place and maybe there would" not be any room left for her. Perhaps some of her friends had intended to follow her into her win ter quarters. Anyhow, many of them looked guilty when she made that remark. And a few of them looked angry and declared that Mrs. Lady bug was selfish. "If the house is as big as she claims it is, it ought to hold a few extra guests without being crowded," they grumbled. Guests?" said Mrs. Ladybug. Common Sense By J. J. MUNDY. ' Are You a "Knocker?" Some parents have a habit of be littling their children or some mem bers of their, family in the eyes of those outside. There is no more dispicable habit. What good can it do to set people up against your own? '.,' It cannot possibly make you out any smarter or better or more re fined or more successful to make bit ing and slurring remarks which hurt the reputation of those who should be as dear as they are near. It never raised one man to dig the prop out from under another. And when it comes to your own flesh and blood you are not hleping your child to get a start in the world when you complain constantly of its misdeeds. . And perhaps the things you are so bitter about are not misdeeds, but just whims, as you are whimsical in wanting things different, and as often as not the thing complained of is too much like the one who detests it Be just first, and justice should prompt yoo' to start Tom and Mary off with as many friends as possible, and a little propaganda of how won derfully thoughtful and earnest your offspring can be does much to make them want to live up to the reputa tion Dad and Mother have given them, . . Coprrtfht, 1M. International Featart Service, Inc. SLEEPY NVJjw:, Gnu A m m w sv si . rnhJri m ball it far from being the chid end of man. The cry of a heart In hunger and despair for new life through Jetui Chritt excites me at nothing cite can do. Where man works Jt for thing he can tee and handle, for the superficial pleaturct of earth, he hat nothing for the storm. When the cv. clone of trouble ttrikrt, where it he to find shelter? When health givet way, when richrt take wingt and fly off and sorrows come, what it left for him? Nothing but darknett. Joy in Righteousness. The man who loves God and hat made a friend of Jetut Chritt seeks tu have him in all hit pleasures. Then in an evil day. he finds he has a friend that sticks closer than a brother. All this comes under the Matter's great words, "Lay not up for your selves treasures upon earth, where moth and rust doth corrupt, and where thieves break through and steal, but lay tip for yourselves treasures in heaven." Cod is whispering to the inner consciousness, "I wilt not leave thee; I am thy God, even forever- more. The man who finds his ioy in righteous doing is investing for eternity. -TIME TALES 4? fetid) THE TALE OF MRS. LADYBUG BY ARTHJJR-COTTBAILEY I "Guests should always wait for an invitation. - "Have you had one?" Buster Bum blebee asked her. Mrs. Ladybug did not answer his question. Most people thought Bus ter Bumblebee a stupid fellow. Many people paid little heed to him. Yet strange to say, he often hit the nail on the head, so to speak. And this time he made Mrs. Ladybug somewhat uncomfortable. She had had no invitation to spend the win ter in the fine, big house. But she didn't care to have her neighbors know that. "There's just one thing to do," Buster Bumblebee decided. "I'll ask the Carpenter Bee if he's building a house for her." So he went to the big poplar by the brook, where the Carpenter Bee lived. And that mild person him self sawdust covered as usual an swered Buster's knock at his door. "Are you building a house for Mrs. Ladybug?" Buster Bumblebee inquired. "No!" said the Carpenter Bee. "We couldn't agree. She wanted me to work 12 hours a day. And I wanted to work 24, I told her I must have some time to rest. But she couldn't see things as I did." - Buster Bumblebee looked puzzled. "I don't understand," he said. ' The Carpenter kindly made mat ters clear to him. "I only work when I'm resting," he explained. . (Copyright. 1121, by ' the Metropolitan Newspaper Service.) Jewel, Flower, Color Symbols for Today By MILDRED MARSHALL. The emerald or agate form today's lucky jewel combination The em erald is a talisman for success if it is worn on the left hand today. Ancient leeend has it that snccrs.i will come through some far-reaching vision, some tore-conscious knowl edge of coming events. 1 he agate, .which is the naUl stone for those whose birth anniversary this is, has the power to attra.t riches, according to the grea Cai dano, since it makes those who wet." it "temperate, continent and cau tious." Oriental legend assigns brown as the significant color for this day. Those who wear it are .IwtieveH In accomplish much through good judgment and the exercise of hard common sense. The red rose is the special flowe? belonging to this day. (Copyright. 1121, Wheeier Syndicate, Inc.) Time Extension Granted For Testimony in Border Case Washington, Oct. 2. The su preme court today granted the gov ernment an extension of time until November" 29 to take testimony in the case of the state of Oklahoma against - Texas, involving the Red river boundary. HH s lm and iB!! Dog Hill Paragrafs By George Bingham Jeffcrton Totlocki tsyt he lias never yet been able to aet hit n nances sdjutted Just rifht. at, when he gett hold of some money he hat holrt in his pockett, and by the time he gett the holci patched up he it flat broke sgain. The mail carrier probably hat car. ru-d more sacks of unwelcome kit tent down the rotd than anybody, but has decided that he can't mitt any of them, at they merely go to somebody else's house end somebody clte't bo to the houte that had tent the others sway. A rabbit patted through Columbus Alltop'a yard thit morning while all 'fall the dogs were setting around, as the hunting season is not yet open. Jack and Jill "Jack, dear?" Dinner was finished and the cof fee cups emptied. Jack was already at his second cigaret and the table was cleared. So Jack was immersed in his newspaper. "Jack, dearl" she began timidly the second time. . "Huh?" he grunted. ; "Do three kings equal three queens or what?" There was a pause and r.er Hus band laid aside the evening paper and sat bolt upright in his chair, fixing her with a stare of unassumed surprise. "What's what?" "Do three kings equal three queens or don't they?" What is this a conundrum: ' "No. not a bit of it, dear. I know you loathe connundrums." She said this with a sweet, a suspiciously sweet air of innocence. "Come off." said Tack, rudely. "What is it you want to know?" "Goodness, have l got to ask you again. I asked you if three kings equal three queens?" You mean in cards ! Jill nodded. x "Of course not. Who ever heard of such a thing?" Well, not cards exactly.' This amendment came tardily, haltingly. Jill, what are you talking about r Will you be so kind as to " "Oh, Iear, t she sighed plaintive ly. "If I ask you what the League of Nations is about, you seem, to know everything, and can tell me all about it. And if I ask you about the furnace," you tell me a lot of things about the drafts, and the damper, and the flue, and combustion, and every thing; but when I ask you a little thing that everybody knows, even Mrs. Strood, and goodness knows, dear, she knows very little about anything, but she does know if three kings equal three queens." Jack himself drew a deep breath of sympathy . with his Jill's. "Goshr he exclaimed. Is this a card game you've been at with her?" Not well, -Jack, its like cards in a way. "Well, just exactly what is it? "Oh, it's a game. You play it with little square pieces of ivory or something." ' "Dice; eh?" suggested Jack. "That's it. Jack, dice. Or dicing, they call it. Poker dicing.". Jill ut tered the words with a little flourish of triumph. "Yes, that's it. Mrs. Mrood had em over at the whist party this afternoon. Five' little dices and " '. 'Dice, Jill, dice," corrected Jack impartiently. ,. And we all played em "Rolled 'em, rolled 'em, Jill." "Well, rolled them, and then when my five came out with three kings and a Jack and an ace, Mrs. Strood -said they weren's any good because she had just had three queens and a Jack and an ace. So she won." she won, did she? repeated Jack grimly. "Well, she's a cheat." - "Oh, Jack not that I Mrs. Strood zora Genuine Tava wraDDer. Do vou know what a - UUlUj A O UJVIlW that means? ROTHENBERG & SCHLOSS CIGAR CO DISTRIBUTORS IMF More Truth By JAMES J. THE SURVIVAL OF THE UNFITTEST Although the pterodactyl, So irientittt report, Wat patient, kind and tractile A model beatt, in short Though no ill wlil be cherlthed, Hit pitting wat ordained. But when he drooped and perinhed The wicked flea remained. The dinotaur, by habit, Preferred the simple life Etchewing, like the rabbit, All violence and strife. The kindett inttinct filled him; Hit soul wat pure and thy; Yet evolution killed him And tpared the viciout fly. The auk wat meek and lowly' And placid and discreet, Hit time devoted wholly, To hunting things to eat. Yet when extinct they found him On. Unalaska's shore, ' Mosquitoes swarmed around him As thickly as before. We bow to evolution, Far be it from a bard ' To hold this institution In cynic disregard. But had mere maf attempted, So vast an enterprise, He wouldn't have exempted Mosquitoes, fleas and flies! PEACEFUL England is not going to have any trouble with the Scotch. They're too busy building distilleries for the A RUsH JOB They'll have to hurry up and scale Mt. Everest if they expect to get there ahead of the price of anthracite. IUUIiH UN Now the prohibition agents are makings which will destroy the value (CopnllHt. 1931. nr The wouldn't cheat. Anyway, she proved she was right." "How could she prove it, l d like to know? Goodness, if you had three kings, and a Jack, and an ace, and she threw only three queens, and a Jack and an ace, how in the name of sam Hill could she "But Jack, she said that in dices, ladies always count more than gen tlemen, and it stands to reason they do. so I" Ye gods, cried the lord and mas ter. And there ended the reading of the first lesson. (Copyright, H21. Thompson Feature service.) Romance in Origin Of Superstitions By H. IRVING KING. Naming the Baby. ' There is a very common supersti tion, both, in this country and Europe, that it is unlucky to -name a child after another child of the fam ily who is dead. . This comes from that very ancient and promitive su perstyon, found today among near ly all uncivilized peoples, with regard to the intimate relation between a man's spiritual self and his name. A certain vital connection also between the man's physical self and his name appears to have entered into The doctrine of "mana in names" Edward Clodd calls it; "mana" meaning magical of power. To primitive man his name was "anen- tity, an integral part ,of himself" is so today among savages. Clodd says of an Australian aborigine: "If he has had confered upon him on ar riving at manhood. a name similar to that of anyone who dies it is changed by his tribe" and compares this cus toms to The feeling in the. north of England against a favorite baptis- Starts Today f $ $ $ $ $ MONTE BANKS in "His Folks say, "There's nothing new under The Sun'' which may be true; but there is something new "in The Sun," and it is TONY SARG'S 'TAe First Circus" . Biggest novelty in pictures; something absolutely new; never before shown in Omaha. Than Poetry MONTAGUE "" American trade. KANSAS going to forbid the sale of booze of this year's corn crop. Bell Syndicate. Inc.) nial name when death has snatched away its first bearer. "The root of the ide is that the name is an integral part of the spirit of the dead child. To give it to a living child would be robbing the dead, or attempting to do so, and the spirit of the dead might resent it with disastrous results to the living child. At any rate the child given the "tabooed" name might be expected to sicken and die for that vital part of itself,, its name, was already in the grave and the world of spirits. (Copyright, 121, by the McClure News paper Syndicate.) City Hall "Wiener Roast." City hall employes and their fam ilies held a "wiener roast" last evening in Elmwood park. Tender, Aching Feet Can Be Made Happy YOU can go home tonight and gain instant relief from the nervous strain of aching, tender feet. , A warm, thick-lather bath with Blue-jay Foot Soap then a brisk mas sage with the cooling, soothing Blue jay Foot. Relief, then a slight coating of Blue-jay Foot Powder, delightful and deodorant. Your feet will feel young again I You'll wonder why you ever permitted your self to endure the old-time torture. Youll become a permanent user of Blue-jay Foot Treatment, for sale at all druggists'.'. Write for free booklet " The Proper Care of the Feet" to Bauer 8s Black, Chicago. Blue -jay Foot Treatment keeps feet feeling fine a Bauer & Black product flflfwH 1 1 Ends WANDA TIT 1HIAWI H7V $ til iiem Y V aUts aUtl .U Assisted by T. Roy Barnes in the best Hawley picture in months "HER FACE VALUE" Comedy Special WHY- Do JlaH-Mtrkt Appear on Silver? To say that something bean the "hall-nurk" hat roue to metn that it it genuine, unadulterated and above Mipiiion, and the exprrteion it now frequently applied to men, although in the beginning it was ufd only in connection with srtklrt of gold or silver. Strictly tpeaking, the hall-maik it the official ttamp uted by the Gold t mith't rompsny in England at a proof of the purity of vanout metalt, the name being derived from the jeweler's guild or lull and not from sny resemblance to a hallway in the appearance of the alamp ittelf. The hallmark for London, (or example, i a leopard's head: for Dublin, a harp: for Birmingham, an anchor; for Sheffield, a crown, etc. In addi tion to thete marks, which indicste the place at which the metal wat at tayed, there are other tymbolt show ing the purity of the product. Thete tymbolt are expretted in the form of carats for gold and the "tterling" and "ttandard" markt for silver the former meaning that there are llouncet and 10 pennyweight of pure silver to the Troy pound and the latter that there are II ouncet and two pennyweight," the ttandard for Kritish tilvrr coins. The sddition of a letter, tignifying the year in which the sstay was made, completes the Anvr.MTIKKMEMT. BEAUTY SPECIALIST TELLS J5ECRET A Beauty Bpeciall Gives Home Made Rcrliw to Darken Gray Ilalr. Mrs. M. D. Glllenpl, a well-known beauty specialist of Kansas City, re cently gave out the following state ment regard I nit gray hair: "Anyone ran prepare a slmplo mlxtilre at home that will darken gray hair, and make tt soft an1 gtowry. To a half pint of water aJ.I 1 ounce of bay ruin, a small box of Burbo Compound and M ounce of glycerine. These ingredients can be pur chased at any drug: store at very little cost Apply to the hair twice a week until the ' desired shade ts obtained. This will make a gray haired person look twenty years younirer. It does not color the scalp, is not sticky or greasy and does not rub off." NOW SHOWING D. W. GRIFFITH'S If Possible Attend Matinees and Early Evening Performance, Show at 11.1-3-5-7-9 CWlCWiX ' VHt BEST IN VAUOtVlUC Mat. Daily, 2:15; Every Night, S:1S JOSEPH E. HOWARD . CO.; ED. JANIS 4 CO; GIBSON 4 CONNELLI; NAT NAZZARHO a CO.; Swor Brot. ; Frank Farna; CNff Na zarro I Dtrllna Slittrt; Aimp'i Fablat; ToolM al the Day; Path Niwi. Matt., IS to SOo: Man 7io aat SI -OS. Sat. and t. Nljtiti. I5o to l.00; aoma II. 2t Sat 4 Sua. EMPRESS TWO SHOWS IN ONE CAMEO- REVUE. Praaantlns Miulo. Sana and Sea; FOUR CAMERONS, la "Uka Fathar, Liu Son;" BILLY ALOHA 4 GIRLIE. Pra ontlni "Stmt Hawaiian Milodln;" INFIELD & NOBLET In "Tha Song Booth." Photoplay Attraction. . "BEYOND PRICE," Fettarl.na Pearl White. $ $ $ Dizzy Day" hall nurk tnj iuaurri tlie genuine prat of tht mtteruol utrH i'l,ilat, ll!l, Wlmlar n4l. ale, 1n Parents' Problems I low rtn cltiMrrn beat be ituaht to not ditruit family matter wiih pertont ouitiile the family r Don! diatutt imiKnUnt family matters before the children. I believe in the fullrat poMihle family life, but much of the petty talk ami eottip, st well st the larger teriout stftirs of the home, can be, ami ought to be, kept from the children, bettrr topirt (or roiivrrtation beinej tuhtti tuied. At in Henjamin franklin's family, let public quettiout, idea tions of turn and bovkt, etc, be di cutted at table, and when the ihiU dren ran liaten and take part. Small talk it the only kind that chiblrni and srown-upt gottip with. The care bet in better thinking, a high er level of intellectual life? snd larger outlook st home. I'otitive training snd ditripline out to bel loo. A hatpin it excellent for tettin vegetablet snd cakes. It dort not, bend at a straw does. Tonight &f'i TED SHAWN AMERICAN MAN DANCER AttittJ By Loult Hertt, Concert Piaaitt, and Martha Graham, Batty May a ad Dorothea Bowcn, Solo Dancort la Tar Special Concert Eof aiemanU. tollglaua, Pictorial. Romaalle aaS Barbaric Daacea. Tlckata SOt, Sl-OOSI SO ai4 $2.00 Wednesday and Thurs day, Oct 26-27 MATINEE THURSDAY Direct (rem Cbka Triumph at Cart Tha tor Saaa H. Harris PreaeMe Grant Mitchell "The Champion" The Comedy that tickled New York's funny bone all last season. Prieaat NIsMe, SOc, $10. SI AO, $1.00, $2.SO Baraaln Matleia, Tburaday, Baal Saata, $1.80. "OMAHA'S JTJN CENTER" tAtMKttt Mat. anal Nit Today pMeV2fGff Coed Ret'v'd Saat SOo Dave Marion's Own Co. Emil (Jazz) Casper Xt& "The Und of Impossible" The Faneue Dave Marlea Beauty Cherae Ladlaa' Tickele, ISc-30c Every Waak Day Bat. Mat. Week: SUdlnf Bill Wataoa. WALLYREID In a Story of Modern Gold Diggers - : The HELL DIGGERS A Two-Reel Comedy Scream Louise. Fazenda Chester Conklin . in THE LOVE EGG The Crater ; of Mt. Katmaf Pictures by tho National Geo graphic Society Expedition to tho Valley of 10,000 Smokot. SILVERMAN'S " Orchestra Playing- the Overturo Prelude in C Sharp Minor, by Sergi Rachmaninoff , Haupt on the Organ. "IT'S GOLDWYN WEEK" " LETS GO! Right Now To See KATHARINE NEWLIN BURTSi Featuring HOUSE PETERS J Lis! "PROXIES" Empress Rustic Garden DANCING Carl Lamp' Orchestra ' , Reroshmenta The Classy Spot