Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1920-01-06
ANS0N COLE
.REPUD|ATES
CONFESSION
Statement Clearing Grammer
False, Cole Tells Governor
At Hearing at Penitentiary
Two Convicts Disagree.
GRAMMER'S WIFE TURNS
AGAINST HER OWN KIN
Attorneys for Men Sentenced
To EIectrocution Charge
Third Degree Methods Were
Used and Trial Was Unfair.

Used and Trial Was Unfair.
Lincoln, Jan. 5.-(Special Tele-
gram. )-Allen V. Grammer and
Alison Cole. sentenced to be electro
cuted January 16 for the murder of
Mrs. Lulu Vogt in 1917, for the first
time since their trial were unable to
agree on the murder facts at the
public hearing for clenency con-
ducted by Governor McKelvie at the
penitentary.
The hearing lasted all day and
Governor McKelvie stated that he
would take the testimony under ad-
visement before making a decision.
He will leave Lincoln Tuesday and
decision is not expected before his
return Thursday at the earliest.
Grammer denied the statement by
Cole that he held undue influence
ever him because Of an alleged for
gerry committed by Cole in signing
Grammer'S name to a note. Cole
tepudiated his second confession ex-
onerating Grammer. .........
Charge Third Degree"
I Attorneys Prince and Dobry and
Officer Hignley of St. Paul denied
that third degree methods had been
used in obtaining the original con-
fessions OF Cole and Grammer. This
feature was denied by Attorneys
Priest anil Mutz, representing the
two men, ard also by Cole himself.
When Cole was making his state
ment to the governor he said that on
she two days trip from Wisconsin
he was not permitted any food and
that in securing the confession in
the Paxton hotel, Omaha, Pinker-
ION Detectives Higley and Dobry
hung him by the thumbs. took him
down, then assaulted him by knock
ing him down and that Highley
jumped upon him with his feet, caus-
ing him to faint, after which he
agreed to sign anything they wrote
cut. .... '.... .44r ..,
Grammers confesson was OBJ
tanned the rext day at the Lincoln
hotel in Lincoln and his attorneys
claim that inhumane methods were
used.
Leniency Big Question.
{, Governor McKelvie was insistent
in learning whether the men had
been promised leniency in case they
confessed. Both Attorneys Prince
and Dobrv denied that they had.
While making his statement Cole
dramatically turned to Governor
McKelvie and asked the governor
what reason a man would have in
pleading guilty if he had not been
promised something. Cole said both
Dobry and his own attorney, Judge
Wall. had promised him life impris-
onment ii he pleaded guilty. Dobry
let Coles statement go unchal-
lenged.
Governor McKelvie asked the
Howard county attorneys to refrain
from using evidence, that had been
Used in trials, saying the purpose OF
this hearing was, to determine the
fairness of the trial or uncover new
evidence.
Attack Newspaper Stories.
Attorney Mutz said that Juror Ed
7. Francel said weeks before the trial
..s.7at he would like TO be on the jury
and that he would send the men to
tile death they deserved. Mutz ac-
cused the Howard county news.
pepers OF inhaming the public mind
which prompted Governor McKelvie
to call on Editor J F. Webster Of
the St. Paul Phonograph to explain
a statement he printed short time
ago that a number Of men said at a
sale in Howard county that if Glenn
ency was given Cole and Grammer
thew would take the law into then
own hands. Webster said he printed
Il as relinble report:
| In the r.attert of Coles case At
torney Priest ,.welt entirely on the
records OF the trial court in both
Judge Paire's instructions and the
report of the jury that "Cole was
found guilty on his plea of guilty
which is contrary to the statutory
provisions that in case OF murder
! CVNeHCS dllO tSSLilOiAy A&Ss
taken to determine the degree OF the
crime. Prince said this was mere
technicality and that the law was
ambiguous.
/ Both Make Statements.
| Cole and Gramr,er both made
lengthy statements. Granimer pro
tested his innocence and no motive
for the crime and closed by saying
that the death penalty was unjust
Cole when questioned by the gov
c-nor recited the entire circum
stances Surrounding the case, tally
ing largely with his former state
rents, and saying that he had nc
knowledge of committing the crime
Several times throughout ths
, hearing Attorney Prince declared
, that Grammer was the more guilt,
of the two. but stood out for the
death penalty for both of the boys
4 Pleas ior clerency for the mer
Continued ON Page Two, Column -Four.