Omaha daily bee., 1909-02-22
GRAND JURY FINISHES UP
Fails to Reindict in Several Cases
Which Were Quashed.
ONE OF BATTEY CASES IN LIST
Gambling Charge Against John N.
SHELTER Ignored, but Judge De-
clines to Dismiss Bond and He
IL Held to March Term.

to spend Sunday with his family, he turned
the batch Of Indictments over to the clerk
of the court with instructions to lock
them UP In his safe until Monday. No
bonds were fixed. no bench warrants is-
sued and the indictments will not be made
public until Monday.
The records. however. show that the
grand jury failed to return indictments in
several OF the cases which had been re-
submitted to It. On February 10 indictments
were quashed in seven cases. It being
shown to the court on the testimony of
H. ". Battey, former clerk Of the district
court. and Ernest Lathrop. former deputy
county recorder. that the grand jury for
1908 had been Improperly drawn. The in
dictments thus quashed were as follows:
One against John N. scheffler for run
ming a gambling house: two against II.
V. Battey. one for embezzlemen< and one
for forgery; two against May Noble,
one for keeping a house of i'll fame and
the other for maintaining a nuisance; one
against George Townley for maintaining
a nuisance, and one jointly against Gus
Volkus, Charles Perrine and william
Frazier for maintaining a gambling house.
The entry Of Judge Thornell in the court
record shows that in the case in which
II. v. Battey, former clerk OF the district
court, was charged with forgery, the grand
jury had failed to return a fresh indict-
ment. The entry reads: Cause dismissed
by grand jury. defendant discharged and
bond exonerated." No such entry appears
in the record as TO the case in which Mr..
Battey was charged with embezzlement. 80
It is presumed that the grand Jury has
found a new indictment on this charge
Some who Go Free.
The grand jury failed to return new in
dictments in the following cases which
were ~resubmitted to It: George Townley,
saloon-keeper, charged with maintaining a
nuisance; Charles P~errine. Gus volkus and
William Frazier. formerly indicted Jointly
on the charge of keeping a gambling house,
and John N. Shelter, charged with keeping
a gambling house.
In the case of John Shelter the court de-
clined to discharge the defendant and or
dered that he be held to the grand jury at
the March torn OF court. Shelters bond
was placed at 800. which he furnished dur
ing the afternoon.
! The grand jury appeared to have some
trouble in reaching a conclusion in the
cases against II. ". Battey, the forme
clerk of the district court Shortly after
court convened yesterday morning II APP
peared before Judge ThorneIl and through
its foreman. A. X. Chambers. asked for
further instructions.
In response TO a question from the court,
Foreman Chambers stated that the evi.
dence before the grand jury Indicated that
the funds which Battey was charged with
embezzling had been repaid to the county
and members Of the grand jury desired to
ascertain whether they should take this
fact into consideration In determining
whether new indictments should now be re-
turned. Judge Thornell read TO the Jury
the law on embezzlement, explaining It's
provisions at some length. The return of
the property. he Informed the jury, did not
exonerate the accused person.
Following these instructions, Foreman
Chambers indicated that there was some
thing further which the grand jury de-
sired to communicate to the court and at
the formers request all persons except the
judge, the county attorney and the mem
bers OF the jury were excluded from the
court room. County Attorney Hess also
left the court room in a few minutes, leav-
ing the judge ana the grand jury alone.
Later Mr.. Battey was admitted. What
t~ranspired at this interview was not made
public
Hearing I'm saloon Case.
The hearing in the contempt proceedings
against Hansen & Nielsen, saloon men, was
begun yesterday before Judge Thornell.
The proceedings grew out Of the suit Of
Mrs. Ivy Goldsberry against Hansen &
Nielsen, in which the jury awarded Mrs.
Goldsberry $500 damages for the sale of
liquor by the defendants to her minor son,
Bert Suit. Following the rendering of the
verdict Judge Thornell ordered the county
attorney to file the contempt case against
the saloon men, an injunction having been
obtained against them In 1901 by Attorney
s. b. Wsdsworth. For the state Suit and
several other young men were called as
witnesses to testify that they were minors
and had purchased liquor Of the defend
ants. These alleged sales were denied by
the defendants. who testified that they had
repeatedly refused to sell to Suit and had
notified him to keep away from their
saloon at $50 West Broadway. The hear
ing was not completed yesterday and will
be resumed Monday.
Walter Goodwin. the boy burglar en-
tered a plea of guilty to breaking and en-
tering the Hanna home on South Tenth
street and will be sentenced Monday. He
was also indicted on the charge OF larceny
from a building. in connection with the
same burglary.
Big DOiaEs by Eagles.
Council Bluffs aerie. Fraternsl Order OF
Eagles. Is planning for a big initiation to
be followed by a banquet Friday evening.
A class of $50 candidates will be instructed
In the art OF fiying. At the banquet there
will be a program OF tOasts, music, both
instrumental and vocal and other features.
Among the speakers Will be Mayor James
Dahlman OF Omaha. Mayor Thomas Ma
loney OF Council Bluffs. George F. West
Of Omaha. Harry M. F1ehearty, editor OF
the Midwest Eagle; J. NJ. Tanner OF
South Omaha. Emmet FINLEY and s. B.