Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-22
THE EVIDENCE is CONVINCING
Fay and Burrier Dispositions Tell How
They Were Refused Aid in Securing
Action Against Dennison and Others
Case Brought by the Civic FEEDER.
alton.

Omaha ana mas 1nlleu 10 perform the
duties of his office in arresting and
prosecuting criminals
1t was the second night Of the In
quiry. and at least two more nights
will be required before the case is sub
United to the board for action. The
remaining portion of the time will be
consumed by the defense, as the prose-
cution closed It's case Tuesday night.
Almost the entire time was devoted
to the dispositions Of L. e. Fay and
George Burrier, the examinations be-
ing long drawn out because Of the
rambling and disjointed cross exam
inatioa to which these witnesses had
been subjected by Attorney Connell,
acting for Chief Donahue. Mr.. Fay's
evidence was taken to establish the
specification that Chief Donahue has
protected criminals In Omaha by re-
fusng to assist those whose property
was held by such criminals to recov-
er.
Burrier a convict in the prison at
Anamosa, Ia, was examined to estab-
fish the charge that criminals are pro-
tected in Omaha on the condition that
they do their criminal work outside
the city.
Evidence was also introduced to
show that Chief Donahue had protec-
ed Gin Cole in the operation of
gambling house in the fall of 1902.
AS on the first night. Attorneys
Breen and Thomas appeared for the
Civic Federation and Attorney Connellt
for the chief of police.
The first deposition read was that of
L. E. Fay, editor of the Clinton dowa)
Advertiser, who detailed his experien-
ces in recovering the $1,000 worth OF
diamonds and jewelry stolen from his
brother In that city In November, 1917.
Fay's story is already well known to
Omaha newspaper readers. He told
him: at Fort Madison, Frank Shercliffe
had informed him that stolen property
OF that kind was disposed Of in Omaha,
and that Tom Dennison, If he wished,
could help recover it. because of his
control OF the police department and
sof crooks making their headquarters
In this city. Burrier, another convict,
had told him that the diamonds were
stolen by one w. G. Rogers, and had
been disposed Of to Bernstein, an Oma-
1aa pawnbroker. With this information
Fay had come to Omaha and asked as
eistance, first Of Dennison and then OF
Chief Donahue. Dennison gave him
little satisfaction. Donahue assured
him that there was little use in at
tempting to uncover stolen property In
Omaha and advised him to give up the
quest. Donahue had also told him,
he testified, that no Jury could be OBJ
tained in Omaha that would convict
on a charge brought in a case such as
this.
Bernstein was finally sent for to
come to the chiefs office. but denied
everything. Then, When Fay still in
sisted, Chief Donahue, he swore, told
him to swear out q warrant, but In
formed 4him that II he did so he would
have to hold him as a witness. Fay
then went on to tell how he had return
ed home in disgust and finally had re-
covered the diamonds from Bernstein
without Donahue's assistance.
On cross-examination it was sought
to elicit from the witness that in
ducements had been held out by him
self and by the Civic federation to
Shercliffe to testify against Dennison,
In the way Of pay and parole. The
effort failed, however, beyond showing
that the customary procedure In Iowa,
of giving Shercliffe his board and ST.
Is day to remain as a witness had
been preached. The fact was brought
out that Burrier had been promised a
parole If one could be obtained for him,
Fay saying that he felt kindly toward
Burrier, because he had aided in the
recovery Of the diamonds.
The next specification taken up was
that the chief OF police had protected
Cliff Coles gambling house. To sup
port this the evidence OF Chief Dona-
hue In the Sam Horowich bankrupscy
proceedings in federal court was read,
wherein the chief testified to having
required Cole to return to Horowich
a diamond which he had lost at the
gambling table in the fall Of 1902
I. ]. Dunn was then called to show
that, during that time, the chief had
filed no complaints against the Cole
place.
The deposition Of George Burrier,
convict No. BIAS in the Anamosa
penitentiary, was read to support the
charge that Chief Donahue protects
criminals in Omaha. Burrier told how,
in November, 1902, Shaffoid saloon
keeper, at Thirteenth and Douglas
streets, told him that Chief Donahue
wanted to see him at his office. Bur-
rier went there. Chief Donahue, he
swore, charged him with a $4,000 rob-
berry committed in a gambling house
at Minneapolis, and wanted to know
how much money he had with him.
Burrier showed $40 or $115. asking
IF this was q Shutdown or pinchl"
Donahue, he testified, said he didn't
know" but that they were after him
(Burrier) from Minneapolis and wanted |
i'm arrested.
Burrier wanted to know if the chief
was protecting Minneapolis" as well |
as Omaha, and the latter replied that |
he was not, but in this particular case.
unless the proceeds of the robbery |
were turned over to him, Burrier |
would be sent back to the penitentiary. |
Burrier wanted to go down and talk |
the matter over with some friends, but |
the chief refused to let him talk to any
body but Tom Dennison, according to |
Burriers testimony. He was unable |
to find Dennison at first and consultea
q South Omaha gambler, who told |
mel was up against shakedown. and J