Skt
Official Paper of Box Butte County
TWICE A WEEK TUESDAY AND FRIDAY
Official Taper of the City of Alliance
VOLUME XXIX
(Eight Tages)
ALLIANCE, BOX BUTTE COUNTY, NEBRASKA, FRIDAY, FEBRUARY 10, 1022.
No. 22
J
REPORT SAYS THE
M'ELHANEY CASE
TO BE REOPENED
SAYS SHE IS SERVING TIME FOR
CRIME OF ANOTHER
Took tKe Blame for Crime Because
of Infatuation for Murderer,
. But Her Ardor Cools
y0Trelss McElhaney, convicted
in ,c4j"2, of the murder of
rber, after a trial
Earl A,.
I Vint, stirrer and liox Uutte
county to a g - extent than any
other murder case in the history of
the county, has made her last stand
for freedom, according to news re
ports. Lincoln and Omaha newspapers
the past day or two have carried re
ports of statements made by Mrs. Mc
Elhaney, in which she declares that
she was not guilty of the murder for
which she was convicted, but that "To
save another, I told authorities I shot
Anderson; but I didn't shoot him."
The guilty party, she charges, used
lier gun and after the shot was fired,
handed it to her.
The alleged motive for her action
in assuming the blame, the newspaper
reports state, is that she desired to
shield the person who committeod the
fvimp. and believed that a plea of
elf-defense would save her. The un
derstanding was, according to reports,
that the real criminal and her friends
would take steps to save her from
wrving ner sentence.
"I've been here for thirteen months
-now." she is Quoted by one of the re
porters as saying, "and my miatuation
4
EVELYN FREISS M'ELHANEY
Who was convicted in Alliance thir
teen months 'ago of the murder of
Earl B. Anderson, barber, on De
cember 7, 1920, and who, after serv
ing so much of her thirty-year sen
tence, has announced that she is not
guilty of the crime, alleging that
BASYE ISSUES A
STATEMENT ON.
M'ELHANEY CASE
THOROUGH INVESTIGATION OF
HER ALLEGED "CONFESSION"
No Evidence to Support Her Story
Board of Pardons Her Only
Hope for Freedom
In a statement to The Herald,
County Attorney Basye declares that
Mrs. Evelyn Preiss McElhaney told
District Judge W. H. Westover a dif
ferent version of the story of the Earl
Anderson murder than she had given
at the trial, and later dictated a "con
fession" to his stenographer. At the
time be investigated the story, he
says, but could find no evidence to
corroborate her revised version. No
action was taken in the matter at that
time, and tie is planning none at pres
ent. According to Mr. Basye, he has been
fciven to understand that friends of
Mrs. McElhaney are planning to take
steps to have her case reopened at tli
coming term of district court, which
LEGION OFFICERS
ARE MEETING IN
ALLIANCE TOD AY
WESTERN NEBRASKA POST OFFI
CERS IN CONFERENCE.
All-Day Session at the Court House
With Banquet at Alliance Hotel
the Closing Feature.
American Legion post commanders
and adjutants from various points in
THE WEATHER
Forecast for Nebraska: Probably
snow with cold wave tonight. Ixiw
temperature, nlxntt r.ero Saturday.
Cloudy with colder southeast iwrtion.
o X' .1 I . .....
ounnjf onneriy winds.
Denver Concert Is
Heard in Alliance
Over Radiophone
Ben Keach, proprietor of the Auto
Electric service has probably the first
successful wireless telephone in this
part of the state. Thursday evening
a Herald representative heard an ex
cellent concert sent out bv the Rev
AGATE FOSSIL BED
IS CLASSED WITH
WORLD WONDERS
WESTERN NEBRASKA HOME OP
SCIENTIFIC DISCOVERIES.
western Nebraska are meeting today nobis Radio company from one of the
at the court house in Alliance. The M'enver theaters. J he music came in
, , . . , ,1 ciear nnd distinct, sounding as though
session is in the nature of a confer- from distft .,, xvitl t
enco with state officers of the Legion, the objectionable noise that usually ac-
Mate Commander William Ritchie, Jr., 1 companies the reproduction of a phono-
and .suite Adjutant Frank li. O Con- graph. 1 he different instruments, the
nell, who are now on a tour or the
state, being present to consult and ad
vise the post officers as to their activi
ties for the coming year.
Tho plan is, it is understood, to issue
special instructions relative to the
state census of ex-soldiers, which the
Legion over the country will undertake
within the next week or ten days, nnd
to give information on national and
state activities of the Legion. All over
meots next Monday. He points out Nebraska, leirinn nnsts have fakon ad
she was not guilty, but assumed the that the district court no longer has vimtMro of the now !oinir law nnd
blame to protect a well known man jurisdiction and that the time for ap-'have seemed the necessary licenses to
with whom she was infatuated, on
the promise that he and his friends
would secure her release.
peal to the supreme court has gone jrmit them to stage bouts, and the
by. The sole relief open to Mrs. Mc- officers will tro fully into the rules nnd
Klhaney is at the hands of the state
pardon board, he says.
Mr. Basye's statement follows:
ALLIANCE, Neb., Feb. 9. To the
Editor of The Herald: "In reply to
your request for a statement from me I The conference is in the form of a
concerning the "confession" of Evelyn round table discussion, some twenty
requirements of the boxing commis'
ion. Alliance post has a boxing
license and has planned to get into the
game as soon as arrangements can bene nexj few tiavSi
piano, saxophone, banjo and tromlone
could be easily distinguished. Mr.
Keach also received phone talking
Irom tho Pacific coast stations and
from ships on their way from Honolulu
and Alaska to Seattle and San Fran
cisco. Keiwrts from ships or when and
where they would dock, chief salesmen
calling down traveling men for spend
ing too much for expenses, haggling
over real estate douls and such things
can be heard at almost any time in the
evening.
Mr. Keach is planning to install a
b ud Udker so that the concerts can be
heard all over the room and without
the receivers. With this the music will
ome in with as much volume as at
the sending station. This new equip
ment will probably be installed within
"'I was told that if I pleaded self
defense I would be acquitted.
" 'Also I was told that no jury
would convict a pretty girl under the
Circumstances. . I Proiaa Mi'S'lVinnov vnn oro srlt-ioiul fr: - u: .., f ik.
"'After I had been convicted and i ,uf . nf ty,a 7,u t0 u: ,.,.i., ' tu .
oof v,Juarv' 192,4 Ju,,Ke Westover informed ing session was filled with short talks
. r w . tma that. Mrs. MrKlhnnPv linM mntlo a U f V a otoU rtiAo on1 liunuuinna wr
officials. The con-
continue throughout the
nfrprnnnn nnd will rlosA with a dinner
Judge Westover said he told Mrs. 'of the Alliance hotel this eveninir.
irum now 1 1 0r tne vocational iraininar committee
" ViV .w- j V - ... i 1 LIKflLn OL4J1 V 1
Basva and W. A. Prince of Grand I- cause I realize l was douDie-crossea u't- Att nnrt nnl AiAt that place, and working under di
land who was retained as assistant and 'railroaded to prison to protect . ,irJnt, , rection of the federal veterans' bureau
prosecutor. This is entirely erroneous, mm ana some ovner men wh day to Mrs. McElhaney but told 18 also "tending the conference, as Telephone Kf ports Say that Either
according to ute county attorney, wno nve utxo .... --.the sheriff if Mrs. McElhaney had any. risner, cnairman oi cwpper Fire or Dog Poisoner
Vina rnniPd. Otners have cleared tneiri
Kkirta and left me to Day." The ' sentenced to thirty years
v!,Tri- Rvfl that her black eyes I itentiary. I was told to
flashed, her lips
tossed her black
ment. wanted to help the real murderer, a
Mrs. McElhaney is also quoted as man well known in Alliance and west
paying that she expected the case ern Nebraska.
would be reopened by County Attorney! '"I am telling the truth now te-
,at ner DiacK eyes Herniary, i was i o,u nl me that Mrs. McElhaney had made a bv the state office
s were set, and she Punishment and not to appeal my case, Ftatement to him whenfin Rhe to!d a various post
bobbed hair over her and that I would be freed. Jwmewhat different story than she tes-Terence will conti
she made this state- "I did as I was, asked because I tiflHi to at her trial . lirilLr
wanted to help the real murderer, P'L'S' u MA M : IIn1J
OFFICERS MAKE
A SUDDEN TRIP
TO HEMINGFORD
MYSTERIOUS MESSAGE CAUSES
SPECULATION.
" " ,r. r , ;, i not nave an opportunity ciurinjf uuii -
. This is entirely erroneous, him aftd some other n who ' g.d,y to see Mrs. McElhaney but told
tA.tha eountv attorney, who have been involved in case I told the ' Mm vti.-iu vZa well
says that under court P Jlu,. Mn , Vavft nrotcted has not t6"1 sh wanted to make that the "tate fund for the relief of ex
case is closed so fax as the district or , 'The man I have P.'gJSS ! she could go to my office and dicUte soldiers.
. Confession.
tnr me. Kvidentlv nobody
limit, lui Am auvcm vw - . - - . .
court from the Judgmenr orthe tUs- becomes of me,-fo 1 a gwng u ngn
tnct court is three months, and .al-!for my freedom. I? don t care who
though thirteen months have elapsed suffers by it ;
since Mrs. McElhaney began serving 1 did n6t kill Earl Anderson. A
her sentence, no effort has been made, man killed him and when the . time
. V ,1.- ..rlnmant c.t notIn n, irk rnmna I Will name the man.
... I U'QO D resell I. WICII nilUiijru..
was shot, but I did not shoot him. He
was killed with a gun I bought the
week before, but I bought it for some
one else.
" 'After Anderson was shot the man
who killed him handed me the gun and
urged me to admit the shooting and
plead self-defense. He told me I could
'get by' with such a plea, while he
could not.
" 'I believed him ,and here I am.
"Mrs. McElhaney is just 22. She
was not quite 21 when she was con
victed of the murder of Earl Blaine
Anderson,' barber, gambler and ex
service man, who formerly lived in
Omaha.
Evidence Showed Quarrel.
secure a new trial,
' Had Made i
Ever since the conviction, there has
been a belief in Alliance that at some
time this claim of innocence would be
made public. There were rumors,
shortly after Mrs. McElhaney was
taken to the penitentiary that she had
left a "confession" which implicated
a certain man. It was understood that
the new story she told was being in
vestigated by County Attorney Basye,
nnd later it was understood that Mr.
Basve had decided to do nothing with
the case because the alleged facU were
not supported.
The alleged confession has not been
tnade public, but it is understood that
hhe declared in this document that the
shot which killed Anderson was fired
by another and that the reason for
telling the story on the witness stand
which convicted her was that she had
been persuaded to do this by parties
who were interested in protecting the
person and she is reported to nave said
that she was assured of her freedom
from the charge but that when she
learned that she was the victim which
resulted in a thirty year sentence for
her and freedom for the guilty party
the revolted.
District court was scheduled to open
in Alliance on Monday of this week,
end Mrs. McElhaney's talk with tho
reporters wa3 evidently staged with
this in mind. The court session was
postponed onei week, however, by a re
rant nfdor fit District Judge W. H
Westover, and this may bave played
VK with the arrangements. It is
understood that the fear has leen ex
tiressed that the premature publication
of the story by the daily newspaper
mav result in some of the witnesses
and the man who is charged with the
murder making a rapid move ana get
ting under cover.
Makes Longer Statement.
The Omaha Daily News this morn
ing carried a lengthy interview with
Mrs. McLiinaney, in which mo
urates no previous statement saying
that even though she ha3 sacrificed
v-cif tn save the real murderer, he
had not even come to see her at the
once in the thirteen
months. The News says:
"Thnt. she admitted killing Ear
Blaine Anderson, former Omahan, at
the night of December 6, 1920,
in order to protect the real murderer
nnd that she has served thirteen
months of a thirty-year penitentiary
sentence for the same reason, was
stated here today by Mrs. Evelyn
Priess McElhaney.
44 'I was uroimsed my freedom if
would admit that I shot Earl Anderson
that night,' said Mrs. Mckirmney.
Under Investigation.
"Evidence introduced at the trial of
Mrs MrKlhanev was that Anderson
had quarreled with her prior to the
shooting, when Mrs. iMcr,inaney, ah
ceming this matter. Very truly yours,
LEE UASYl.,
"County Attorney."
derson. Mydia Vird'ie, Tom Leavitt of j unable to take any further action con-
Alliance and Fred MeiicK, nemingioru,
Neb., banker and rancher, were pres
ent in Mrs. McElhaney's room3.
"Later on it was testified mat tney
left the rooms and went down on the
street. Anderson was shot about 1 a.
m. in an alley back of a pool hall. He
died within thirty minutes without re
garding consciousness.
"At her trial mrs. mciiiionpy
pleaded self-defense and charged that
Anderson had threatened her."
According to The Mews, uscar n.
Brush, brother-in-law; John mess,
brother, and Joseph Priess, father of
Mrs. McElhaney. have ueen worains
persistently since the girl's conviction
to Obtain evidence ui nci iiiuuhm".
It is understood that they will present
affidavits to District Judge Westover
next week in which four witnesses vwu
swear that they saw a man shoot
Anderson and that at the time of the
shooting Mrs. McElhaney was some
distance from the two men. The man
named in the affidavits is understood
to I the same man named by Mrs.
McElhaney as the real murderer of
If the affidavits justify it,
Judge Westover is expected to direct
that the entire case ie reopened ami
ihat the acts of everyone concerned
with the case be thoroughly porbed.
Relatives Working on Case.
The Omaha World-Herald states
that Mrs. McElhaney said her brother-
in-law, O. S. Brush, wealthy rancher
of Letan. Neb., has been quietly work
ing on the case since her sentence
when she secretly told her family the
truth, she explained and has two eye
witnesses located who actually saw the
shooting that the young rooming
house keeper says she took the blame
for.
-In the afternoon of January ML-- ..7 7 . Bnrt w- "'.? .At
r Vf-r-rv- ,,., -.v.. me visiting .state omeiais were torney msye were caned to neming-
offioe and there dictated her own story ests of the local post officials at f prd shortly before- oo today by a
t-i-i. -1 i . Mn.MAB.t in riiir r nem mi. uie iiuLtn iokl minn. i fivmiuici vni nun wuuj ueuveivu a
of the facts concerning her case. I following which the Lions clubj in rather mysterious message. The offi-
"I then made a thorough inves'tiga- Bes,on a' tne time, invitetl them to cers left immeliately, unaware of the
tion of the matter and from my inves-' hear the lecture by Harold Cook, work cut out for them. Considerable
titration I could not find any evidence Later State Commander Ritchie, State speculation was rife about the court
to coiTOhorate the story or Mrs. wc;nw"m v y.....i ..... .vw-.
Elhaney and for that reason no were called upon for remarks. ' land two reports, which conflict some-
il what, were secured over the telephone.
"It has been suggested to me that Legion has a definite work in combat- , un? J J"ese w "J "lv
friends of Mrs. McElhaney are going ing propaganda after the war, and fee t that there was a mysterious nre
to take steps at the coming session of , told of some significant utterances f the Hemingford ledger office last
the district court to re-open her case, that had been circulated over the coun- Jrt. starte! at the rear of the
"I do not know just what kind or try in a magaiine edited by the old "J"k. --.
... 1 r..:-A v i n;n,i ui.-. i tu. t,-.i ij ..,i,:u a. a II amwarances the blaze was incen-
nri huliuii lirr incmia nave jii hiuim uuunnuci vi 1 11c aiuci laiin. ninni uc-i . . ,. ,
but insofar as her case is concerned, I clared that "vengeance would be rtary and for a time it was ociieved
her time for appeal has gone by and ours." He discussed the preamble to ""mpv nun u. . iu
hor nnlv Action would be to bdpIv to th Tirion'a constitution and told of he Hemmgford newspaper plant grave
the board of pardons for such relief the ideals of the organization.
Among those present at the session
when it convened at 10 o'clock this
morning were:
William Ritchie, Jr., State Com
mander, Omaha.
Frank B. O'Connell, state adjutant,
Lincoln.
J. Ed. C. Fisher, chairman state aid
fund committee, Lincoln.
William McConnell, head vocational
as she deems herself entitled to,
"I hold no prejudice against Mrs.
McElhaney from the fact that I pros
ecuted her end if her friends have any
evidence which warrants considera
tion I would be pleased to investigate
ihp ump. hut until Mrs. McElhaney
or her friends can show me evidence!
to substantiate her contentions I am
injury. Later theories were to tne
effect that the blaze had been caused
bv small boys stopping up the ex
haust pipe of the Ledgers gasoline
engine with waste and paper. The in
formant stated that the oificers were
investicratintr.
A few minutes previous to the re
ceipt of this information, a telephone
call to the Ledger office resulted in the
information that although the sherilt
. . ir i m mi i'iiuiilv niiui nr v nvi m - -j
training committee, Kearney. . ... hll,i i(!pa of what
Dunnine. adjutant. JJroken - tl1 ...0
Debaters Chosen
to Represent Alliance
Wednesday Evening
The Dreliminary debate to choose
the team to represent Alliance high
school in the district contests was held
Wednesday night, Verne Laing, Row
land Threlkeld and Chester lount
being chosen as the team and Harold
Clark as alternate. All of the nine
contestants put up a very good argu
ment and from such material a very
good team was chosen which should
again bring the banner to the Alliance
high school.
Alliance has won the district de
bating championship for the last five
years and has won the championship
nine out of eleven times since western
Nebraska debating was started. The
other two times it was won by Sidney.
Te first debate will be with Chadron
and it will probably be held here, as
last year the Chadion-Alliance debate
was held at Chadron.
C. I
Bow.
P. M. Silseley, adjutant, Bayard.
Dr. Roach, commander, Sidney.
. Clarence Perry, adjutant, Sidney.
J. L. Laucrhlin, adjutant, Bayard.
H. D. Wells, commander, Iteming-
ford
the visit was for. The suggestion was
made that it might l possible that
some hint as to the identity of Hem
incford's doe poisoner had been tlis
covered. A canine killer in the village
has been pretty busy the past week or
so, and a purse of zoo has been nung
. ... .... . inn nv tne business men.
A. M.Kuhn, adjutant, r, of lhese explanations
Johnson, commander,
Dr. G. T.
Bridgeport.
T. C. Palmer, Bridgeport
(Continued on Page 8.)
BIRTHS
Nel
February 10 To Mr. and Mrs
son Colerick. a girl.
Tuesday, January 30 To Mr. and
Mrs. J. L. Plymaie, of Blackroot pre
cinct, a girl.
February 6 To Mr. and Mrs. Carl
Ilashnian, of Rock Creek precinct, a
girL
II. A. DuBuque was called to Lead
S. D., on business Thursday. "
"Niff," the Railroad
Tramp Dog, Was a
Recent Visitor Here!
fniit.A Ktiffieent cause for the mystery
surroundinar the call. The officers had
not returned to Alliance at the hour
of going to press, and aside from the
possible light thrown on the mystery
by these two telephone c6nversations,
here is no explanation that explains.
The first report was that the sheriff
and "coroner had been asked to go
to Hemingford immediately, and that
details could not be given over the
phone. Both telephone reports may
be erroneous.
"Nig," the railroad tramp dog, was
visitor in Alliance a few days ago.
Th history of Niir is rather interest
ing, lie tirst gained tne aunuun u,..i A IlinriPP-l TllWIOrd
friendship of the trainmen by his abil- Allliintt-raw 1U1 U
itv to board a train and his evident
(Wir to see the world. Since then
Nig has traveled all over the Alliance
division and has taken trips to
.Tonh. Kansas C;tv. Denver ind
othr nlaces.
' . f T1 -
Nio- has a license irom jiavennu,
Girls' Game Has
Been Called Off
The came which was to be played
hptu-pen the Alliance hich girls and
Neb., which has bought by the train- the Crawford girls has been called off
brass collar which due to an inability to agree on rules.
was bought in the same way. Last! The Crawford girls wish to use boys
summer Nig had his leg broken unoi rules or a combination oi oys
m roiiml mpn took him to a veter-I irirl rules and the Alliance school au-
inary ami had the lep done up minorities are opposed to mis as tney
splints, then paid for his board until I thieve that boys rules are too rough
ha wa nhl to travel acain. The doer I for a srirls srame. This has been the
was recently taken in by authorities, in I bone of contention between trie various
Honvpr nml uhon the Alliance division I irirls teams lor some lime lor nne
trainmen heard of.it they wired to I the regular girls rules are of course
turn him loose and that he woidd I official a great many teams prefer the
come home. Within the next few da t other rules and many disputes ariie
Nig turned up in Alliance. I became or tnu.
Harold Cook Talks to Rotarians en
the Mean to Draw Tourists to
and Through the State.'
One of the most interesting ad
resses that has lioen given before th
Alliance Rotary club was made at th
Wednesday dinner Hi the Palm Room
f the Alliance hotel by Harold Cook,
son of Captain John Cook of the ranch
near Agate. This ranch is one of the
wo places on the continent where im
morse fossil beds have been discovered,
the other being at the so-called tar
pools in California. Mr. Cook gave a
engthy address, illustrated by slides
his own makinir nnd from th li.
brnry of the University of Nebraska
lopai tnient of ircoloev. The club
hers invited a number of friends as
gutvt.j for the occasion.
Thursday evening Mr. Cook repeated
"s talk before the Alliance I.inna
club.
Mr. Cook made a stronc nnnnal tn.
the Rotarians to do their best to stir
up sentiment in favor of attracting
tourist travel through this part of the
country. He pointed out that the Black
Hills drew twenty-six thousand tour-
;ts last year, and that only a small
proportion of these came by way of
Alliance or Box Butte county. He)
gave it as his belief that if the natural
wonders of western Nebraska wem
capitalized and developed, it would b
possible not only to secure our shar
of the tourist traffic that is headed for
other places, such as the Yellowstone
and other parks, but that there wr
sufficient inducements here to draw
tourists to see what we had to offer.
In no spirit of boastinsr. but simnlr
telling. the facts, Mr. Cook told of th
liscovery of the fossil beds on hist
father's ranch and the results of mv
eral years work among them. Liter
ally thousands of complete skeletons
of prehistoric animals have been taken
from here and sent to all parts of th
world. 1 he scientists have found thee
finds of immense value in determinhur
tne origin or various specie f
animals. Among the slides were ftte
tures of some of the skeletons aat
the "restorations", from them, showing "
now tne animais-rooirexi in tne ays
hundreds of thousands of years ego
when they roamed this country. ,
Plan a Public Museum.
Recent plans of Captain Cook and
his son provide for the erection of
museum at the ranch, lhe idea has
been that it could be constructed of
cement, in form a replica of the old
Fort Laramie, a hollow square, wit a
the two wings at the end eoulpped to.
display the specimens that have bee
unearthed. The lather has already
suggested the plan to a number of his
friends and acquaintances in the east
and it has been received with enthu
siasm. The nroject has not yet pro
pressed to the po!nt of figuring out
ways and means, but It Is believed
that eastern universities and men who
have become interested in the results
of the excavations may be prevailed
upon to raise a fund, the interest from
which will rot only provide for fur
ther discoveries, but wMl allow the
museum to be completed in sections.
"There is a great amount of inter
est, not only on the part of scholars,
but the general public, in the Agate
fossils," Mr. Cook said. "Last year
alone, over 3,500 people came to the
ranch. We are not equipped to care
for this many people, although we do
our best to show them what we have
discovered and if they are interested to
explain the value of our finds. We are
unable to show but a small portion of
the fossils that we have. I have a
small laboratory, a mere workshop,
where some of them are displayed.
There have been many who have re
marked on the danger of loss of these
elics of a Drehictonc age. A fire
would do incalculable damage."
Mr. Cook is a member of the state
nark board, but there is no hope for
anything from that source. "The law
which established the park commission
gave us every authority, he said, but
no money. Our hands are completely
tied." The park board has set apart
one state reserve, near Chadron, and
in time this will be developed until it
will be a real drawing card for tour
ists, provided western Nebraska
awakes to the importance of roads.
Roads Badly Needed.
Several times during his address.
Mr. Cook referred to the need for
more roads. He did not particularly
favor expensive thoroughfares, he
said, but believed that inexpensive
roads, following railroad tracks, couia
be constructed, and these, with
branches out to various points of in
terest, would not necessarily cost a
great deal. He told of conversations
with tourists, in which he was told
that people driving from the Black
Hills to this country said that they
knew they were In Nebraska as soon
as the state line was crossed, because
of the bad roads,
s - (Continued on Page 4)