The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-01-10
Fire Marshal Hussey Charges
Existence of "Ring Here"
Warrants Issued in Osagc
County Following Probe.
GARAGE OWNER is IMPLICATED
o. N. Himelburger and TwO
Employees Are Held.
Specific Crime Is Burning Barn
in OverbrOOk. Il


Following months of investigation,
L. T. Hussey. state fire marshal. to-
day caused arrests of three Topekans
and took initial steps in breaking up
what he believes may prove to be ex-
istence of an arson ring here. o. N
Himelburger, automobile agent and
owner of a large garage at 111s-19
West Sixth avenue. was the central
figure in today's arrests. Clyde Beli,
mechanic, and James Kennedy. negro
both employed by HimeIburger--
were also arrested on arson charges.
Warrants for the three men were
issued in Usage county. All of the
men are charged with arson. The spe-
cific crime was the burning of a barn
in Overlook January 19, 1920. The
men were taken to Lyndon by Osaee
county officials. Bell and Kennedy
have confessed. They assert that they
were hired by Himelburger to set fire
to the empty barn on which $1.400 in
surance was carried.
A CIcan-Cut Case, Says Hussey.
After two years of persistent fnves-
tigation Marshal Hussey believes he
has established a clean-cut case
against the three defendants. SO con-
elusive does he claim is his evidence
in the present case and so many new
phases have developed that he today
intimated that arrests here might lead
to further and more sensational ac-
tion by the state.
Following arrests here today state
officials renewed their efforts to So
cure new and additional testimony.
II don't want to talk too much be-
fore 1 act" said Marshal Hussey. but
we have followed this case two years
and we are dangerously near uncover
ing work of an arson gang here. I
don't believe there is bit of question
about our present case and I also be-
| lieve it is just the beginning of start
! ling tale of crime"
Was Divorced and Remarked.
Himelburger, who is we'll known
here, may owe much of his immediate
| trouble to recent domestic upheavels
when he was divorced and remarked
Thru his divorced wife the state is
reported to have information which
furnished the basis of investigations
and led to today's arrests. What is
! more the former Mrs. Himelburger is
reported to have given officers tips
on which they are now working in con-
nection with other cases.
In the case of the Overlook fire,
Bell is reported to have been hired
| outright 20 drive to the Usage county
town and back to Topeka. He drove
a car from the Hlmelburger garage.
according to the state. and received
$50 for making the trip. He was at
ploye of Himelburger
kennedy's story has the touch OF
novel. He recited in a sworn state
ment that thru intimidation and ex-
citing of the negro passion OF fear, he
went to Overlook with Bell and set
fire to the barn. This is Kennedys
story in brief
! Working in the employ of Himel-
| burger, he bought a team. He bor-
rowed the money from his employer.
Then the war came on and Kennedy
was called in the draft He sold his
eam-he says with consent and ap-
proval of Himelburger-butt the horses
! brought $50 less than the amount of
the loan. Himelburger, it seems,
, didn't release the mortgage.
Took Chance ON Arson.
When Kennedy came home from
the war he returned to work for HIM
elburger. He claims Himelburger
wanted to hire him TO go to Overlook
to set fire to the empty barn. He re-
fused to go. Before the eyes of the
. negro the prison doors were ajar.
Himelburger is quoted as telling Ken
nedy he could go to prison for selling
mortgaged property or take a chance
on arson. He took a chance on arson.
, The day after the fire the mortgage
was returned to him, it is claimed.
Five gallons Of gasoline were used
in burning the barn Bell and Ken
nedy drove nadly back to Topeka
after starting the fire. Persons who
tried to spprehend them failed They
teiephoned Sheriff Miller and he went
/ to the Himelburger home. but the
barn owner was in bed. His car In the
garage was cold. But another car
TIE one which the state claims made
tn: trip to Overbrook--was warm. Fta
peculiar tread was in the frost on the
pavement outside, ii is claimed.
Now, after two years. the state has
taken action. Marshal Hussey has
been persistently on the case since the
fire. While he will not discuss details
Of plans or go into evidence which
the state has secured. he left today a
broad inference that the Overlook
; fire case is but one of a series of ssn--
sational developments in connection
with an q rann urn1e in srnrlaI-a