Omaha daily bee., 1919-01-05
RAILROADS TO
PROBE LEN|ENCY
Of U. s. JUDGE
CONTINUED From Page One.)

wanted to be advised as to what CO.
operation we were having with the
police department. and in the
courts"
&c. Ready, district special agent
for the Northwestern west of the
Missouri river and western Iowa,
also confirmed the information that
such a report had been mailed to
Flynn, and that a report had been
asked for by Mr.. Mitchell in behalf
OF Mr.. Doherty.
Special Agent E. NJ. Matthews of
the Burlington, who is also chair
man of the law committee, said;
Myself and the rest of the COM
mittee made up this report from the
records in the federal building, Sub
sequently H. Paul OF the committee
was transferred to Memphis and
his place taken by F. M. Bradley.
Mr.. Bradley then went over the
records, making a special investiga-
ton to satisfy himself that the re-
port was correct
Reports on Court.
"Your committee deems it advis-
able" so the report begins, ito ac-
quaint you with the proceedings had
in the United States district court,
presided over by Judge J. w. Wood
rough, from July s to July l6, 1918,
that you may be fully informed be-
fore arriving at your conclusions
and deciding what action, if any.
you desire taken"
The cases cited, of which the rail-
road officials complain, were all on
indictments returned by the federal
grand jury in June, 1918, coming
before Judge Woodrough the follow
ing July. From the report these
extracts are taken:
"On March II, 1918, Carl Rose
and Harry Kratky, both confirmed
box car thieves, were arrested for
having broken the seal of a car NOV
ing under interstate billing from
Omaha to LeMars, Iowa. On June
|, 1918, both defendants were indi-
Gated by the United States grand
jury. The indictment charged that
they did then and there, with in
tent to commit larceny therein, un-
lawfully, forcibly and feloniously
break a certain seal, consisting of a
combination of tin and lead, then
mad there fastened and attached to
a certain railroad car, and which
railroad car then and there con-
tanned interstate freight On July
g these defendants before Judge
Woodrough pleaded not guilty.
Was Three Time Deserter.
+ "On July II, with their attorney,
Frank Keegan, they came before the
court, withdrew their former plea
of not guilty and pleaded guilty to
the charges contained in tire indict-
ment. To the surprise and disgust
of every one concerned with the
prosecution, they were fined 81 each.
Assistant United States Attorney
Saxton expressed his feelings some
what forcibly after this travesty
against justice had been concluded
and the judge justified his action by
saying that he did not know that
they had gotten the door of the car
open. Giving him the benefit of the
doubt on that point, it was his duty
to know what the indictment
charged and that indictment charged
that they had broken the seal with
intent to commit larceny and on that
charge they pleaded guilty. The
court knew that Rose had an ex-
tended police record. that he was a
three time deserter and had been
dishonorably discharged from the
army for desertion. The court also
knew that Kratky was a paroled in
mate of the Kearney, reform school,
having been sent there for box car
robbery. When the Rose and Kratkv
case came before United States Com
missioner Neeley for preliminary
hearing, the courts bailiff, Anton
Gross, became actively interested in
their behalf"
Others Indicted.
The report also cites other cases
of men stealing from interstate ship
ments, indicted at the same time
Rose and Kratky were.
Homer c. Williams, for stealing
case of gin was fined SIS and given
until August to pay the fine.
Richard White was arrested for
theft of rear wheels and tires, one
rear wheel casing and set of tools,
valued at SOS, from Maxwell au-
tomobile, then moving under inter
state billing from Detroit, Mich, to
Omaha. On July II he appeared
before Judge Woodrough. pleaded
guilty to the charges contained in
the indictment and was fined S."
After going into the details in
several other cases handled in the
same term of court, about Is in all,
the report closes: 1--WE call your
attention particularly to the case of
Richard White, who was fined S.
for stealing merchandise valued at
SOS, and the case of Homer Will
liams, who was fined $35 for steal
ing merchandise valued at $l2; the
case of Edward Ritter. who was fined
500 for stealing 81 worth of coal
and the case of Rose and Kratky,
fined 81 for breaking a seal with in
tent to commit larceny"
Fault of Leniency.
Friends of Judge Woodrough in
sist his greatest fault in this con-
nection is simply matter of lenien-
cy, and to prove it point to his many
decisions and sentences in the sedi-
ton cases brought before him. In
three cases in the North Platte dis
trict, two of which were violent
threats against the presidents life,
and in oil re which the efaternan+c