Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-11-29

poise! Would this be equality
before the law?
Your honor stated from the
bench in The Bee contempt case
that this article had escaped your
notice. and suggested that proper
way to bring it before the court
would be by making a charge of
contempt and filing it with you.
Acting on your suggestion, I now
avail myself of the right to do so.
EXHIBIT 2.
Exhibit 2 is the article publish
ed November 7, by the Daily
News, similar to the one publish
ed in the World-Herald of the
same date. What has been said
with reference to the World
/. Herald also applies to the article
of the Daily News.
EXHIBITS 8 AND T.
OF all the palpable efforts to Sc
cure by improper influence the
conviction of an accused man.
who at least should be presumed
innocent until proven guilty, the
doings and publication of John
w. Towle, foreman of the late
grand Jury, are the most mex
cusable and extreme.
In the first place, by his own
admission, he goes to the home
of Mrs. Warner and Mrs. Chase.
the mother and grandmother of
the boy Harold Thorp, with the
manifest and deliberate purpose of
influencing them to induce the
boy to stand by the testimony
given before the grand jury.
In his attempted explanation as
published in the World-Herald
and Daily News of November II,
he declares that his action in that
behalf was two days before the
article in The Bee was published,
which he refers to as showing the
falseness Of the statement that he
had attempted to indirectly infu-
ence the boys through the mother
of one of them to. stick, to the
original story"
He fails to state, however, that
his attempt to influence the boys
to stick to their original story,
as against their subsequent affi-
davits, was before they were
called before the grand jury to
testify which of the two state
ments were true.
Peculiar Condolences.
To say the least, it is a peculiar
coincidence that the foreman of
the grand jury should appear at
the home of the mother of the
boy, Thorp, at this particular
time. And it is remarkable that
at this particular time he turned
over to the old grandmother the
sum of $50 merely as an act of
charity. Then, after doing this,
as shown by his statement, he
reports the whole incident to
your Honor, which l respectfully
submit was an unjustihable at
tempt to influence your Honor and
create in your Honor's mind
prejudice against The Bee, its
editor and reporters, which in
measure he succeeded in doing, as
shown by the statement of your
Honor on the bench during the
trial of the contempt case against
The Bee, that you were i'm
pressed by what had occurred that
the article in The Bee was con-
tempt of court at the time you
ordered the county attorney to file
the information for contempt.
: l respectfully submit that this
action on the part of John w.
Towle was contempt of court that
should not be unnoticed.
l further submit to your Honor
that the published statements OF
John w. Towle in the World s.
Herald and Daily News had direct
reference to the case of the State
against J. Harry Moore, then
pending in court, and was of a
character naturally to create
strong public prejudice against
the defendant, Moore, and pre-
vent him from securing fair and
trial.
In demonstration of the cor
rectness of this contention that
this action by John w. Towle
was an attempt to thwart, hinder
md obstruct justice and the pro-
ceedings of the court in the case
IF the State against Moore, per-
nit me to call the attention of
your Honor specifically to some
If these statements.
Mr.. Towle stated, among other
Kings, in both of his publications
n the World-Herald and Daily
News, that the story of his visit
% the home of the mother of
Harold Thorp was
merely another attempt to cloud
he issue as to the guilt of Mr..
Moore, The Bee reporter"