Omaha daily bee., 1919-11-08
man LOCKED IN
JAIL IN DICTED
ON RIOT CHARGE
Cosgrove Alleged to Have Led
Assault on Mayor-Sher-
if Had Him All
the Time.

ponce department. under the leader
ship of Commissioner Ringer and
Chief Eberstein, an indictment was
returned by the grand jury yester-
day against Max Cosgrove charging
assault on Mayor Smith the night
Of the court house riot.
The witnesses against Cosgrove,
who, according to the sheriff and his
deputies, was in jail when the mayor
was attacked, were Police Capt.
Henry Haze and six other police
men.
A point that has never been
brought out clearly before is that
Police Commissioner Ringer and
Chief Eberstein remained secluded
in the county Jail when the fury
of the mob was at its height. The
commissioner and chief, according
to the statement of Jailor Clayton
and deputy sheriffs, kept the iron
bars of the Jail between them and
the raging rioters during the most
dangerous period of the disorder.
This statement was made by the
jai1er when he explained who really
was in Jail when the police claim
Cosgrove was attacking the mayor.
Cosgrove's indictment follows the
ridiculous testimony submitted
against reporter for The Bee in the
grand jury room recently by the
same Captain Haze, who was dis
charged from the police department.
under . former administration for
indecent conduct towards women.
Arrested by Haze.
Despite the fact that Haze himself
arrested Cosgrove at $50 o'clock on
the night of the riot and took him
to the county Jail, and despite the
fact that Haze should have known
the man was prisoner in the
sheriff's custody until noon the fol-
lowing day, Haze went before the
grand jury and helped bring the in
dictment.
The other policemen who swore
against Cosgrove in the grand jury
room were Thomas Baughman,
George F. Sheehan, M. E. Anderson,
c. w. Crandall. Edward Brinkman,
and Sam Morris.
In Jail With Mayor.
According to the statement of
Sheriff Mike Clark and his deputies,
Cosgrove was in the county Jail
with Mayor Smith for several
hours before the mayor was at
tackled by the mob. Cosgrove was
in the county Jail when Deputy
Sheriff James Lindsey escorted the
mayor to the east entrance to the
court house, when the crowd seized
him as he stepped across the door
sill.
Neither Sheriff. Clark nor any of
his deputies, who declare they will!
swear to their statements on the
witness stand, were called before
the grand jury. Neither were the
Jail records consulted to ascertain
whether or not Cosgrove was re-
leased after he was arrested by
Captain Haze, according to the
sheriff.
Saw Him Repeatedly.
II know positively that Cosgrove
WuS biou6ht ~ tiIS SOulIty JAN dOout
$50 o'clock" declared Sheriff Clark.
saw him repeatedly during the
night and the man stood right by
my side when the negro was seized
on the rear stairway"
Mayor Smith was attacked about
$40 o'clock, and the negro was not
captured by the mob until an hour
or more later. For this, reason, it
was pointed out, that it would have
been an impossibility for Cosgrove
to have been in the mob at the time
an attempt was made to lynch the
mayor.
Jailer Tells Story.
II know absolutely that Cosgrove
was in the county Jail from $50
o'clock until noon the following
day." declared Jailer Sherman Clay
ton. "He could not have been in
the mob which attacked the mayor,
because he was scarcely out of my
sight during the entire time. May
or Smith was in the Jail with him
for hours, and so were Commission
er Ringer and Chief Eberstein."
Deputy With Prisoner.
II saw .Cosgrove when Haze
brought him in," said Deputy
Sheriff Harry Doworsky. II saw
him repeatedly throughout the eve
ming and night. l saw him on the
roof. in the laundry and in the cor
ridors of the Jail. l saw him when
he was locked up after the riot was
quoted. l know he was not any,
where but in Jail until noon the fol-
lowing day. 1t was my understand
ing that Cosgrove, with number
of others early in the evening, be-
fore things began to look so bad,
walked into the courthouse. They
were arrested and brought to the
Jail with the first bunch of prisoners
locked up as result of the riot
ing"
brought to jail by Haze" said
Deputy Sheriff Charles Hoye, land
| saw him at intervals throughout
the night / was with him in the
laundry and on the roof. I saw him
before Mayor Smith left the build
and I saw him afterwards"
The Jail records show that Cos
grove was released at noon the day
after the riot This is said to have
been done with the knowledge OF
Officer Haze, the arresting officer.
Later he was rearrested and indict-
ed on the testimony of policemen,
who were accused of cowardice,
neglect of duty and incompentency.