Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-10-30
Captain Turnquist and Policeman
Mawhinney Not in Accord.
EVIDENCE AGAINST MATTHEW'S
Miss Hayes, Principal Of School, Jars
Attorneys for Defense,
TELLS OF SEEING FIFTH BANDIT
Hung Around school Before Robbery
Occurred and Was seen with Others
whom School Teacher POSI-
lively Identifies.

A drama within a drama is being enacted
In the federal court room, where the five
men charged with the Overland Limited
train robbery are on trial,
The inner play is the effort OF certain
members Of the South Omaha police force
to minimize the part taken by the Brown
Park schoolboys In the discovery of the
bandits. Those who think they can see
such activity on the part of the police at
tribute It to the sordid motive of desire
for the money prizes hung up for the
capture and conviction of the bandits.
Nor is this all Members of the police
force are at odds among themselves, too,
and jealousy toward one another has
| cropped out
On the surface yesterday was a day of
activity with respect to Bill Matthews and
even that stoical person was visibly per-
turbed when Miss Elizabeth Hayes, prin-
cipal OF the Brown Park school, identified 4,
him as having been seen twice by her in
the immediate neighborhood Of the school
building a day or two prior to the Over
land Limited mall robbery.
Matthews Much In Evidence.
Miss Mayes saw him once with Torgen-
son near the school house, and they were
apparently scanning It closely She again
alone and again he scanned to have
peculiar interest In the building. Miss
Hayes watched him closely on both the
occasions Of his visit, from the window of
the building and is positive OF his identity.
! This evidence so closely linking Matthews
with the robbery was a surprise to the at
torneys' for the defense, and Matthews was
himself deeply and visibly interested in
her recital. 1t was the first time during
the trial that he has seemed TO take more
than a passing interest in the proceedings.
Fully as important as was her identifi-
cation of aMtthews was the further testi-
mony OF Miss Hayes that during the four
| or five days preceding the robbery at Mud
Cut May 22, she had seen Woods, Torgen-
son. Grigware and Shelton prowling about
the Brown Park school building six or
ten times. She has seen them so fire.
quently thtre that she had no hesitaucy in
identifying themimmediately after their ar
rest and also in the court room.
Miss Hayes Marked RevOIvers.
Her testimony was straightforward and
direct and all of the men Under arrest
watched her with the keenest interest dur
ing the hour and half she was on the
stand.
She told further of the several articles
recovered by the school children in the hol-
low near the school, and how she marked
and closely examined all Of them and took
the numbers of the two revolvers that had
been turnedx over to her, including the
overalls, flash light hats, handkerchiefs
and cartridges, and which she subsequently
turned over to Probation officer McCauley
by whom they were turned over to the
South Omaha police officers.
She told an interesting story of finding
the cinder footprints in the school build
ing leading from tine basement, which re-
suited in the discovery Of the seven mail
sacks in the attic Of the school and also
Of the discovery of the three rain coats,
pair Of overals and a pioce of rope in the
attic, by herself and Janitor Vavra Miss
Hayes had taken the precaution to mark
all of these articles and identified them
by these marks, When one Of the rain
coats was held up for Miss Hayes to eK-
anime more closely Woods turned ana
whispered to aMtthews.
Miss Hayes was subjected TO a rigid cross
examination by both Mr.. Macfarland and
Mr., Fleharty. attorneys for the defendants,
but her testimony was not shaken in the
slightest degree.
south Omaha Police Jealous.
There have been some indications that
the officers who made the arrest Of Woods,
Torgeson and Grigware are trying to mini
mize the part that the school boys took
in the discovery Of the men prowling about
the school building and adjacent hollow the
night Of May 27.
One Of the jurors asked permission of
the court to ask a question OF Captain
Turnquest, who testified in the forenoon
that he had arrested Woods about IL
o'clock or a little after and intimated that
no one was around when he made the
arrest. The juror asked Captain Turn
quist why did you go down there is no
body was there?"
TurnQuest replied; Because I got a
call that policeman was wanted in that
neighborhood."
Probation officer E. S. McCauley testi-
fled briefly as TO receiving the recovered
loot Of the alleged bandits from Miss
Hays. officer David w. Mawhnney OF
the South Omaha police force told OF his
participation in the arrest Of the three men
and insisted that II was he alone who
arrested Woods before he saw Turnquist.
He also testified that there were several
boys about there when Woods was arrested.
Later he took Woods up TO the South
Omaha jail where he turned him over to
the jailor, as no had been directed to do
by Captain Turnquist.
Detective Eek Esfeder of South Omaha
told Of the arrest Of Torgenson and Grlg-
ware. He made the arrest according to
his statement about the time that Cap
tain TurnquIst came up out OF the hollow,
both making the arrest OF the two men
practically together. Mawhinney had had
meanwhile gone up to the jail with Woods
} Did Not See Turnquist.
The remainder Of his evidence related TO
, the searching Of the accused men at the
South Omaha jail. Under cross examlna-
tion he said: Il did not see Turnquist
until after l had Gordon (Grigware) and
Torgenson under arrest"
The men were not handcuffed while be-
ing taken TO jail. lie told further Of com
Ing up 70 Omaha that night IN charge "a