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TIIJE ROCK ISLAND ARGUS, THURSDAY, OCTOBER 8, 1914.
JUDGE BELL GETS
SENTENCE TO JAIL
AND THEN YIELDS
probate Jurist Escapes Cell by
Answering Judge Olm
CLIMAX CF LYNESS CASE
Admit "Vary McAllister Fa!o Name
Empleed ta Deceive Thoe
Searching fcr Child.
Benjam-.i . Hell, probata ji:d-; nt
jsg as ciHT.ty J-:dgo. was :his morning
eatem-rd to -r-.:r.y Jv.l by Judse K.
C O'rr.stcd ir. c -.rc-iir co-.;rt for his
refuel t-" t -:ify r:.itie to tie iden
tity cf the iv ?'.!r: nis Mr. Miry Mc-Alii'-cr-
n 'onl a a nrdoil Alice
Lyness. U-jfar-t. id daughter of Mrs.
O'Jve Eckhart. Huston. Minn., after
tie clrc-iit co :rt had c:on the girl
ever to the custody of t!ic raothcr.
This i? the question which Judc?
511 refund to answer: "Do you know
person by the naine cf Mary Mc
AUistr?" Judge IV:! declared thp a'l of the
h.icmjt:,in ho hai otli c: I.V.J the n-
ra frrew cut cf a s::i: which he r.ad j
lesri in co-.jr.ty court r. bc'are.i I
that under tht- law he cou'd rot be
ccmv?1-'t f testify, i-iaimi::!, that the
a-Vrd as in the r?trr of a
privileged ocr.'.mur.u-ation. .ind.:? Oim-
:ed ref-i-"d to
tak- tbia vi
held that the r.jo-.inn cf whether the
caadat? of the c.riint citirt cou.d i-e
enforced was at stake and that of
fenders wcu'.d cec.-ssurily have to r?y
"WTiile the commitment papers were
being made out and th fiismal pros
pect cf eatir. cinr. r hi the county
Jail stared J:e jr. tic face, tii"
cc-cty court jurist c"iar?fi his in fed
ssi declared he was rod to ans-vtr
tie question. He admit .! that th?
Eirns -Mary MfAlhst:-:." which has
had Attortf y H. A. Vc;l3. -oun!I for
tie mcthr. niyftif.cU fir a vck or
core, was fictitious and :i.:;t :. v. as
assumed by Mrs. Ilpbwca Iiraniihit-v.-r,
IZZ", Eipttcttth s'rft. .Mi'in.-, sistt r
of Mrs. Eckhart. and a niarriid aunt
cfhe child, to w.iom he awardtt! the
prl after taking h-r away from tin.
jscthfr. The ecene in circuit court thi? morn
ing aj bichly dramatic. 'ih; specta
cle cf a circuit court ?.'nie:-.cin a
coacty jcic? to jail for i-f i:4ai of U-s-tifyine
was s-o unusual 'bat sttt ri:cs
as d others in 'he court ro-jtr. watched
the proce' 'iincs with Keen inter-.t.
It will be r'-mniherefi that Judze
Bill. State's At'oraey Thompsf.a, C.
S. Roberts. n-reiic- and E! ? ta ly
gc:; a-,d ' Mar:.- McAllister" hd b-en
s-jrctr.'ne.l into oo;;r: to ti-'.l what t!i-.y
ktew f.f the whreaiouts of tb? l:it!e
irl for wi.om th- motiier ii.ts '.--tn
fgh'ir.r for two wtfk. !;;!-' J'-M
took tie stattd this niortlit;,:. hut .vn'-a
43ked the r,ie;'.i(in if he kn -v "."lary
First M .E .Church
Oct. 12. 8 p. m.
J. H. BALMER,
m exp.orer ana iecturcr
wtl deiirer a lecture on "Savage
Africa as I know it. Its People
axd Customs." Illustrated by
Singing Kzttlr Boys
dressed In native fcstume ar.l
assisted by M;ss Elsa Clark,
A rare treat. Instrnttive, enter
taining. Adults, 1'ic: chiMrer. undf-r 32
Don't Risk a Loss
mi vour Private Papers and Valuables.
Pay from and
of a Safe Deposit JJox
NVither liur-lars nor
Judges Involved in
Clash of Authority
JLf J ....
i v , - "L -1 " J
R. W. Olmsted,
Head of circuit rourt nhn sentenced
contemporary t Jail for contempt
B. S. Bell,
Hail of county and probate court,
who avoided Imprisonment by answer
McAllister." he refused to answer,
claiminK he was granted exemption
under the law.
Argument on the point wera hen
rna.de to Judfte Olmsted. Attorney C. E.
Dietz for Judt;e Bell claiming the sit
uation was unusual, as If the circuit
jtidjre was summoned to testify before
th- grand jury in a matter which he
had tri-d. Weld declared that the in
terrogatory was simple enough; that
thftre was nothing about a reply to a
qu. stif n of this kind that wov.ld vio
late a; y confidence or secret infor
mation saiiw.-d in a trial of a case and
could see no reason why it should not
"This is a question of public pol
icy." declared Attorney Dietz. "It is
dangtrcus in tha extreme. It Is not a
question as to whether a judge is a
comt-t-tf nt witness, but wb.etb.or he
can be forced to take the witness
stand. I do not think this proceeding
is irwn-Iy for the sake of ascertaining
facts, but is a determined and per
sistent ctTort to embarrass, not only
the county court, but the circuit court
as well aud ought not to be parmitted."
"The authorities cited are entirely
too ha." admitted Judge Olmsted in
pa-s.ne- on the question. "However,
if a judtre knows a fact that would be
material, tii ere is no reason why he
should not testify in police court or
upward for a year's rental
in our modern vault.
Fire can reach them
- yy---' It 3 v
U W, - vt-Sfc K
BROUGHT TO END
Installation of Officers Closing
Feature of Eastern Star
Peoria, Oct. 8. Installation of of
ficer this afternoon was the closing
feature of what ha been probably the
most successful and harmonious meet
ing the grand chapter ever held by
the Eastern Star of Illinois. Follow
ing are the officers seated
Grand. Matron Selma N. Weego,
Grand Fatron Harry I Gannett,
Associate Grand Matron Nellie S.
Humphreys, Evans ton.
Associate Grand Patron Owen
Grand Secretary Nettie C. Kenner,
Grand Treasurer Sue E. Heath,
Grand Conductress Dmma T.
Associate Grand Conductress Sadie
R. McBride. Peoria.
Home Board May Mllroy Bromley,
Chicago; James M. Huff, Belvidere.
Seven candidates were In the field
for the effice of assclate grand patron.
There were two contestants for the
office of grand secretary two for grand
treasurer and eleven for associate
grand conductress. The office or
grand conductress was not contested.
The elsction of Mrs. Milroy to mem
bership in the home board is taTten
to indicate that the home for old mem
bers will be located at Peoria. There
are 1,300 delegates in the city.
any other court. Merely because I
happened to be a judge would be no
reason for me refusing to tell facts
that were desired in another court.
"There is little authority to go on
and I am forced to decide this matter
on what I think the law is. The objec
tion is overruled and the question
will have to be answered.
"I refuse to answer for th reason I
have stated." replied Judge Bell.
"That means but one thing." an
swered Judge Olmsted. "You will have
to be committed to county jail."
Is Not Personal.
Attorney Diets demanded a stay of
execution until a writ of error could
be secured, but Judge Olmsted de
clared: "I took each step reluctantly
and I think there should be no delay.
I wish It was a personal matter. I
could have forgiven the county court
In a minute. But this is the circuit
court speaking and not myself. The
orders of this court must be obeyed. I
have almost personally humiliated
myself to have the mandates of this
court enforced. !t is a painful duty
which I have to perform but I f:el that
no Indulgence can be asked in this
case and the order will have to be
followed out unless the question is
While Attorney Weld was drawing
up the formal written order. Attorney
Dietz announced his client was ready
"The woman designated by the name
of "Mary McAlister is Mrs. Brand
meyer," he confessed. "The name of
Mary McAllister' is fictitious. I did it
to keep her from being harassed and
embarrassed by fraudulent writs."
"Do you know where this woman
is now?" Attorney Weld asked.
"I think she lives in Moline."
"Do you know where the child is
"Who is Mrs. Brandmeyer?"
"I think a sister of Mrs. Eckhart."
Judge Bell admitted she was In
court at the time he delivered the
girl into her custody, others present
being another woman and Deputy
"What do you mean when you re
ferred to writs that might harrass
Mrs. Brandmeyer? Did you mean
writs of habeas corpus?"
"Any kind of writ Illegally Issued."
Judge Bell then left the stand and
warrants for Mrs. Brandmeyer and
Florence and Electa Lyness, were is
sued returnable tomorrow morning at
9 o'clock. Judge Olmsted declared the
former, if In the state, was clearly in
contempt of court and would be se
verely dealt with, if she could not pro
duce the child.
BUNGALOW SLAYER DEAD
Poison Kills Murderer of Mamah Borth
wick and Five.
Dodgeville. Wis., Oct. 8. Death has
solved the problem of the trial ot
Julian Carleton. the Chicago negro
who killed Mamah Borthwlck and five
other persons at Frank Lloyd Wright s
bungalow at Spring Green Aug. 16.
The negro died in the county jail
here from the effects of poison which
he uxk on the scene of his crime.
Carleton, apparently the victim of
a slezure of insanity, served luncheon
to the members of the Wright estab
lishment, then swooped down upon
them at table with a bucket of blazing
As tlLe fire tortured victims ran
frott? the building be stood at the one
urlckod door and dispatched them
rllli a hatchet. Taking night through
the bungalow, he found himself cut
off bv the fire and forced to seek re
fuge in the basement. As the flames
destroying the building came closer
he drank the contents of a bottle of
murlathi acid he found on a shelf and
crawled into the unused furnace. The
asbestos Insulation of the furnace pro
tected him from the heat and he sur
vived to be captured Just after the in
quest, held In the ruins a few hours
after the murders, had been -iot.ed.
Bera.ise of fears of lyncllng the au
thorities look Carleton to the adjoin
ing county and locked him up In the
Dodgeville Jail. Carleton remained
In a state of semi-torpor there until
his death. No coherent statement
was gained from him.
In view of Carleton's condition he
officials wore unable to 'establish a
motive and the question of procedure
against him was never settled.
ARGUMENTS BEING MADE
IN BIG DAMAGE SUIT
Arguments were heard this morning
In circuit court In the Dunlavy dam
age suit for $10,000 against the Chi
cago, Burlington & Quincy. It 13 ex
pected the case will go to the Jury this
DAVENPORT AND MOLINE
COUPLES WEDDED HERE
Justice of the Peace Carl J. Kcuhl
yesterday united In marlrage two cou
ples. Miss Maud M. Sord of Daven
port became the bride of W. II. Smith,
Davenport, and N. Fleming and Miss
Mary De Rann, both of Moline, were
also wedded by him.
AGAIN CONTINUE CASE
OF SPEEDING MOTORIST
The case in which Keith Dooley is
charged by Officer P. J. Carey with
having speeded In his automobile on
Twenty-fifth street ten days ago, was
continued for the second time by Jus
tice of the Peace Carl J. Kuehl this
Mrs. Mary Phillips.
Rock Island friends or Mrs. Mary
McHugh rhilllps of Denver have re
ceived word of her death at her home
in that city. She suffered a compli
cation of diseases and died Monday.
Burial took place In Tiskilwa this
morning. She was a sister of Charles
McHugh, formerly manager of the
Harper house in this city, and now
one of the proprietors of the Lexing
ton hotel in Chicago.
$350,000 FIRM BANKRUPT
Champaign, III., Concern Files Its
Petition at Danville.
Danville, 111.. Oct. 8. An involuntary
petition in bankruptcy was filed in
the federal court here yesterday
against the Bonner Manufacturing
company of Champaign. The Bonner)
Manufacturing company is the parent j
ot the Bonner Tool company, also of
Champaign, which went into bank
ruptcy several weeks ago. Each is
capitalized at $350,000. The action
was brought by E. S. Swlgart of Cham
paign, who holds an unpaid note of
KAISER'S SON GETS FALL
Eltel Frlodrlck Thrown From His
Horse and Injures Knee.
London, Oct. S. A dispatch to Reu-1
ter's Telegram company from Berlin j
by way of Amsterdam says that Prlnca j
Eitel Frledrick, the second son of Em- ;
neror William, was thrown from his
horse in a recent battle and injured
The emperor's youngest son. Prince
Jcachim, who has recovered from a
wound in battle, is awaiting his fath
er's permission to return to the front.
State Candidates Coming.
Plans are being made for a repub
lican rally here next Monday evening.
A 10-day tour of the 6tate is to be :
made by the candidates on the state j
tioVpf The candidates are to hold a j
meeting at Silvis at 6:05 and evening
meetings are planned for Rock Island
Expert botanists have found
the age of trees can be told by
leaf markings, the older a tree
smaller and more numerous its
news all the time The
IF KIDNEYS ACT
BAD TAKE SALTS
Says Backache Is Sign You
Have Been Eating Too
When you wake tip with backache
and dull misery in the kidney region
It generally means you have been eat
ing too much meat, says a well known
authority. Meat forms uric acid which
overworks the kidneys in their effort
to filter It from the blood and they
become ort of paralyzed and loggy.
When your kidneys get sluggish and
clog you must relieve them, like you
relieve your bowels; removing all the
body's urinous waste, else you have
backache, sick headache, dizzy spells;
your stomach sours, tongue is coated
and when the weather Is bad you have
rheumatic twinges. The urine is
cloudy, full of sediment, channels
often get sore, water scalds and you
are obliged to seek relief two or three
times during the night.
Either consult a good, reliable physi
cian at once or get from your pharma
cist about four ounces of Jad Salts;
take a tablespoonful in a glass of wa
ter before breakfast for a few days
and your kidneys will then act fine.
This famous salts Is made from the
add of grapes and lemon Juice, com
bined with llthla, and has been used
for generations to clean and neutral
ize acids in the urine so It no longer
Irritates, thus ending bladder weak
ness. Jad Salts !s a life saver for regular
meat eaters. It Is Inexpensive, cannot
Injure and makes a delightful, efter
vecent lithia-water drink,
i Harper House pharmacy. (Adtr.)
.: 'thii-' Win Vi ''' r ' J -
Will be Admitted Free to
THE EMPIRE THEATRE
Saturday Matinee, Oct. 10, at 2:30 p.m.
One ticket will be given to every pupil of Hawthorne school Friday noon
when school is dismissed. 'Look for the man with the tickets.
For Thursday, Friday and Saturday Manager Dolly announces the most
popular play ever written,
' ;,r,-.v--w tit;-.-': : v3 .r ' I - '
ENGLAND'S AVLVTION STRATEGISTS
Here are the men who are directing the movements of Great Britain's j
aviation corps in the present war. Claude Grahame White (center) is in j
supreme charge. Lieutenant Porte (right), who was to have attempted ,
flight across the Atlantic in the America had not the war broken out, is one ,
of Grahame-White's most valued advisers.
ANOTHER MISSOURI AX
MURDER POLICE PUZZLE
Hartsburg. Mo., Oct. 8. Another
mysterious ax murder was added to
the long list of such crimes already re
corded in Missouri and Kansas' with
the finding of the mutilated body of
Mrs. B. F. Matthews in bed at her
home here yesterday.
Mrs. Matthews. SO years of age and
reputed wealthy, was slain by several
blows on the head with the sharp side
of an ax while her husband slept peace
fully In the same room.
Early yesterday morning Matthews
cnlled In the hired man, showed him
the body of the murdered woman, and
declared he had found her dead when
he awoke. Two hammers and a
hatchet were found in the room. To
day the police declare they had dis
covered no clew leading to the Mi-nti-ty
of the murderer and uo arrests
The crime was In many respects
All Pupils of
Play That Has Been Seen by Millions.
... .. s f ,
Scene from '".Way Down East"'
(c) Underwood & Underwood.
similar to the Moore ax murders which ,
startled Columbia, fifteen miles from j
Hartsburg, about a year ego. In that j
case a woman and her mother were ,
slain while asleep. The younger wo-:
man's son was convicted of the mur-.
der and sentenced to the penitentiary !
for twenty years. j
JURY IS SECURED IN THE
JOHANN MURDER CASEJ
The jury has been secured in the1,
trial of Whynak Johann, of Davenport, j
who is being tried for the murder of j
his wife. Evidence ia being given by!
the state today. The prosecution is I
asking for a death sentence in the J
case, which is attracting much atten- j
tlon throughout the state.
Johann killed his wife about a
month ago in a fit of jealous rage, !
slashing her fearfully with a large
All the news all the time The Argus.
COLONIAL HOTEL TO PAY
BUT 50 CENTS ON DOLLAR
Referee in Bankruptcy E. U. Henry,
Peoria, held another hearing In the
Colonial hotel case this morning at the
court house. The report ot Fred Wolt
mann, trustee, was approved and dis
tribution to creditors will be ordered
the first of next week. The claims will
be paid on a percentage of less than 60
cents on the dollar. '
This afternoon a number of other
bankruptcy cases are being heard In
Moline and tomorrow morning the first
meeting of creditors of the Moline Mall
will be held at the Moline city hall at
10 o'clock. :
To oiir New Collateral and Personal
bank, which was established 30 years
ago. for loans on Diamonds, Pearls
and Jewelry. Musical Goods, Type
writers, all choice Hardware, Guns,
Pianos. Furniture, Live Stock and
Butrgies. Salaries, etc. Snaps we
have one almost new upright Piano
tSchiller). $100, payments if you
want. One National cash register,
nearly new, one-half price. One lot
of railroad watches, Elgin, Hamil
ton, Waltham, Springfield, and How
ard movements; 19 to 23 Jewel, (or
half price, fully guaranteed. ,V
pay you cash for your old gold and
silver, also will repair your watch,
no matter what's the matter; fix it
all as good as new for $1; think it
Private parlors for ladies. Known
all over the tri-citles as the
1619 Second Ave.,
JONES FOR LOANS