Omaha daily bee., 1919-06-18
.WANTED|N
HEARING
OF POLICE
OFFICIALS
Mayor Smith Demands That
Famous BootIegger Tell His
Story Under Oath in Case
Against the Police.

The hearing before the city coun-
CT. of charges filed by Attorney
Lloyd Magney. against members of
the police department in connection
will. the unlawful arrest of Mrs.
Thomas Brown, at sos North
Iwenty-first street, June E. wac.
brought to a dramatic recess at
1880 O'Clock last night<when Mayor
Smith asked fnr a continuance un.
til Roy G. Kelly could be produced
and placed on the witness stana.
In impassioned tones the mayo,
referred to a published sigreJ
statement in which Kelly stated
that during the night of the raid on
the Brown apartments he ac.
companied Detectives Armstrong
and Herdzina in an automobile:
that they drank liquor and that lie
became drunk, and that the raid
wss framed.
Mayor Wants Kelly.
IL want this Kelly statement
proved or disproved," shouted tie
mayor. II would like to see Roy
Kelly brough. here and put under
oath. I would like to give Kelly
chance to be examined"
Attorney Magney announced that
he had the Kelly statement at His
office and could produce it. He
further stated that a few days ags,
he accompanied Elsie Kubat to the
office of Commissioner Zimmerman
and while returning to his Office
Miss Kubat pointed Kelly out 70
him at Seventeenth and Farnarl.
streets.
Two men have recently been sent
to the penitentiary from this city
on the evidence of degenerates, and
probably the testimony of Kelly
might throw some light on this
case" added the mayor.
The hearing Of the charges
against the police officers involved
in the arrest of Mrs. Brown, and
investigation of the organization
and methods of the police depart
ment, will be resumed at IL O'Clock
this morning.
Several outstanding features
marked the hearing which was
started at 2 p. m, Tuesday, and
continued until nearly midnight.
Refusal of Bond Illegal.
1t was shown that there has been
confusion in the administration Of
police affairs with relation to the
admittance of bond and that the
admitted denial of bond for Mrs.
Brown was clearly an illegal act.
Captain Heitfeld testified that he
refused bond for Mrs. Brown be-
cause Of orders received from Capt.
John T. Dunn head of the detective
department. Captain Vanous tes-
tilted that he heard of such orders
from his Jail crew and he wrote q
note to Captain Heitfeld, head of
the night shift, indicating that he
did not like receiving orders from
the Jail crew.
Reitfeld also stated that he asked
Dunn for the orders, and that Dunn
promised to get them, but did not
do so. Dunn testified that there
was an error in the understanding
that keepers of disorderly houses
and inmates should not be admitted
to bond; that he intended to have
this apply to street walkers and
pimps. He said he based his opinion
on an order received from Chief
Eberstein to clean Omaha" and OBJ
tain Jail sentences for offenders.
Chief Eberstein testified that he is
sued no orders countermanding his
order of April %, which expressly
fixed the bond Of keeper of dis
orderly house at $780,
The hearing thus clearly showed
tlal the police officers involved IN
the Brown case were not only with
out legal authority in denying Mrs.
Brown a bond, but that through a
confusion N the transmission cf
orders, they had compounded the
otfcnse.
Asks Officer to Sober Up.
Officer Hegg, chauffeur for tic
right morals squad, threw a bomb
into the nigh session by testifying
against Detectives Armstrong and
Herdzina whom he drove to Their
homes after TIE Brown raid. He
testified that when Armstrong
stepped out .: the automobile at
Military avenue, Herdzina re-
marked to Armstrong, Sober up SO
you can attend court in the morn.
ing Hegg added that he reported
the incident to Detectives Vanous
anG Potach O. the night morass
squad. Vanous and Potash admitted
that Hegg had so informed them.
Them fellows have been drink
ing" were the words which 'Potach
testified were told to him and Van
ous by Hegg as soon as Hegg had
returned to the police station after
having driven Armstrong and Herd
zina home.
Did you report that to anyone
at that timer" was asked.
No, they have a sergeant of their
Continued on Page Two. Column Oae.,