0
STATE IBICES DIG DEGLAR-
Of JOHN P.
Matt McQuinn Testifies to Hearing the Dying Man Make His
Statement of the Shooting.
The trial of John Clarence for mur-1 murdered man, testified to her hus-
der attracted many spectators yester
day and the testimony of many of
the state's witnesses was sensational,
the foundation for the introduction of
the dying declarations "of the mur
dered man was outlined and the de
claration of John Thacker of the
manner of his fatal encounter with
defendant was detailed to the jury by
several witnesses.
After the cross-examination of Car
ter Albin by the defendant's attorney,
which only lasted a few minutes, Lee
Thacker, son of the murdered man,
and the only eye-witness to the entire
trouble at the Darrow farm, was
sworn and testified that he was at the
cob-carrier of the sheller In full view
of the encounter and saw and heard
all that took place. Witness corrob
orated Carter Albin In his statement
of the quarrel between Albin and his
nephew, Earl, and witness stated that
his father came across the Darrow
yard at the time of this trouble and
his father called to Carter, to "slap
his chops for him and learn him some
sense," whereat Clarence, who was at
the tank watering his mules, called to
his father, saying, "keep your d n
mouth out of that, John Thacker, or
I will shoot h 1 out of you," and at
the same time began to draw his re
volver. 'Witness' father then turned
and went to the head of Carter Al
bln's team, advanced a few feet and
picked up a board as he stooped,
Clarence fired. John Thacker then
went toward Clarence and struck him
with the stick, which broke, Clarence
struck at Thacker with his cane,
which was seized by Mr. Thacker and
wrenched from Clarence's hand and
with It struck Clarence, but did not
knock him down. In the struggle,
Clarence fired twice more. The men
then went down with Clarence under
neath falling on his right side, with
his right hand outstretched In which
he held the revolver. Witness' right
wrist was grasped in the left hand of
Mr. Thacker.
Again the state offered to Illustrate
the position of the two men on the
ground, which was objected to by de
fendant's counsel, as being a part of
the evidence which could not be In
troduced Into the record, and the
court took the same view of the mat
ter. Mr. Thacker then detailed the
taking of his father home and send
ing for Dr. J. F. Brendel.
Dr. Brendel was placed on the
stand and swore he was called to the
Thacker home on the evening of Jan
uary 15th, and found Mr. Thacker
lying In bed suffering much pain. He
made an examination of his wounds
and found that he had been shot in
three different places, once in the
breast, once In the abdomen and once
In the right leg above the knee. He
probed for the bullets but could not
locate them. Dr. B. B. Davis, of
Omaha, and Dr. T. P. Livingston were
railed the same night, and arrived at
Union on the midnight train, and held
a consultation and probed for bullets,
but failed to locate any one of them.
Both doctors testified to what they
observed. Mr. Thacker lived six days
end died. After death, Dr. Living
ston held a postmortem and found
that the bullet which penetrated Mr.
Thacker's breast had taken a down
ward range and was found in the
Teflon of tho stomach. This shot
must have been fired, according to
the physician's testimony, when the
revolver was held parallel with the
body of Mr. Thacker.
Dr. Lavender, of Omaha, was then
sworn as expert on powder marks
and burns, and testified that he had
examined the clothing worn by Mr.
Thacker at the time of the shooting,
and that on the overalls there was no
mark of powder burn nor was there
any on the veBt, while the bullet hole
In the coat showed powder burns on
the lining of the coat. The witness
had experimented with a revolver
similar to the one offered In evidence
as the gun with which Clarence killed
Thacker, and witness had found that
at a distance of sixteen Inches from
the muzzle of the gun to the clothing,
powder marks would he left, while at
a greater distance there would he no
powder mark. At a closer distance
the burning powder would set fire to
the cloth, that the lining of the coat
showed it had been set on fire from
the powder, following the shot. The
witness had observed the threo bullet
holes In tho clothing. On cross-ex
amination, witness would not state
whether there bad been two or three
shots, but gave his opinion that there
were three separate shots fired Into
the clothing.
Mrs. John P. Thacker, wife of the
band's condition on arriving at home
the day of the tragedy and also to his
statement the next morning that he
did not expect to survive, and re
quested her to send for Attorney
Graves, of Union, to draw up a bill
of sale of his property, which request
she complied with.
Mr. Graves was put on the stand
to Bhow the purpose of the bill of
sale and the statements of Mr. Thack
er as to the probability of his not
recovering from the wounds Inflicted
the day before.
This evidence was probably for the
purpose of laying a foundation for
the Introduction of the dying declar
ation of the deceased as to bow the
trouble occurred. Constable John
Corey was sworn and gave an account
of Clarence riding to his hotel on the
afternoon of the tragedy, his horse
covered with sweat, hastily dismount
ing and Inquiring for an officer, and
on being Informed that Mr. Corey was
one, delivered up his revolver, saying
that he had shot John Thacker and
wanted to give himself up
Mr. Corey Identified the revolver
and scabbard, told of their condition
at that time, being practically the
same as now. Witness took the de
fondant to the Jail of the county and
locked him In.
W. C. Ramsey was sworn and testl
fied to writing down the declaration
of Mr. Thacker on the morning of the
16th of January, the day after the
shooting, which was taken down In
the presence of Lee Thacker, G. V
Saxton, Matt McQuinn, Herbert
Thacker, Miss Lulu Ames and others
Matthew McQuinn was placed on
the stand to give Mr. Thacker's state
ment, which was in substance: Mr
Thacker had returned from a funeral
of a neighbor that afternoon and went
to the Darrow farm. He crossed the
yard going to the crib, where the
corn shelling 'was going on. He
passed Clarence at the tank-watering
his mules, and observed that Carter
Albin and his nephew, Earl, were
quarreling, that Earl was throwing
corn at his uncle when bis back was
turned. Mr. Thacker passed between
the team and the crib and called to
Carter to get out of his wagon and
slap Earl's face for him and learn
him some sense. Just at that time he
heard Clarence call to him to "keep
your d d mouth out of that, John
Thacker, or I will shoot h 1 out of
you." At this Mr. Thacker turned
and walked to the head of the horses
and saw that Clarence was pulling his
gun. He thought It was the same
gun L. Crawford had drawn on him
before, and he thought he could eat
that, and he advanced to take the
gun from Clarence, and picked up a
piece of board. As he picked up the
stick, Clarence shot hlra In the leg.
He then knew that It was not the gun
he at first thought, and struck Clar
ence with the stick, but the stick
broke, it having been run over by a
wagon. Clarence struck hlra with his
cane which Thacker then seized and
struck Clarence with It, a blow which
he thought was hard enough to fell
an ox, but which had no effect on
Clarence, and he had to knock him
down with his fist. In the struggle
Clarence shot twice more. Witness
stated that Mr. Thacker was a man
about five feet and eight or nine
inches tall, and weighed close to 210
to 220 pounds and was probably 47
or 48 years of age. The court then
took a recess until nine o'clock
Thursday morning.
Juror Sayles was given permission
by the court, with consent of both de
fendant and the state, to bill out a
car of com which he had loaded at
the elevator, and with a bailiff, Mr.
Bayles went to look after this busi
ness.
When court convened this morn
ing the state asked leave to recall
John Corey for a question or two,
which was granted.
On again taking the witness box,
Mr. Corey was Interrogated as to
what John Clarence had stated, If
anything, while walking with Mr.
Corey to Jail on the evening of the
tragedy. The witness replied In Bub
stance that Clarence said to him at
that time, "I shot the s n of a b h
three times and I hope to God I
killed him." After a brief cross-examination,
the witness was excused,
and the state then rested Its case In
chief.
Opened His Pack for You to See!
Public Sale
g LESS YOU FORGET, WE SAY IT YET! S
i
The undersigned will sell at Public
Auction at his home, two miles east
and one-half mile south of Murray,
Nebraska, on
TiirnsDAv, df.cf.mbku is
The following live stock, implement
and other property:
Live Stock One brown horse, 10
years old, weight 1,200; one gray
orse, 12 years old, weight 1.300;
one black mare, 12 years old, weight
1,400; one black mare, 14 years old,
eight 1,250; one bay mare, 13 years
old, weight 1,250; one bay mare, 10
ears old, weight 1,400; one bay
mare, 8 years old, weignt l.uou; one
earling cole, one two-year-old colt;
one two-year-old heifer, coming fresh
early in spring; six head of good milk
cows; fourteen head red brood sows;
twelve head of shoat3.
Farm Implements, Etc Two
Avery stump cultivators, one Avery
pin brake, two New Departure culti-
ators, Western Belle riding cultiva
tor, one row machine, two Mollno
corn planters, two McCormlck hay
rakes, one McCormlck mowing ma
chine, two Starley discs, one three-
section harrow, one two-section har
row, two Peru two-row stalk cutters
one Moline two-row stalk cutter, one
one-row stalk cutter, one Peru riding
plow 16-inch, one Pace riding plow
16-inch, two Peru walking plows, 1C
Inch, one Bradley riding lister, two
St. Joe walking listers, one Peru
walking lister, one John Deere single
corn drill, two Hoe corn drills, one
Diamond corn grinder, two Dearlng
grain binders, one 40-ft. Wenzezlman
corn dump, one high wheel wagon,
one low steel truck wagon, one low
wheel wagon, one spring wagon, one
top buggy, one new buggy, one old
buggy, two hay rakes, two hundred
hedge posts, two thousand feet oak
lumber, one cider mill, one grind
stone, one hand corn sheller, one
Hoosler seeder, one Economy cream
separator, one pair bob sleds, one
eight-horse Jollet power engine, 150
feet hay fork cable, five tons good
prairie hay, three tons of alfal
fa hay, one set buggy harness,
twenty-five bee hives; some house
hold goods and numerous other arti
cles. Terms of Sale: All sums of $10
and under, cash; over $10, eight
months time will be given, purchaser
giving good bankable paper bearing
eight per cent from date. Sale to
commence at 10:00 o'clock a. m.
Ernest Rlchter.
Rob't Wilkinson, Auctioneer.
W. G. Boedeker, Clerk.
O nn
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H arad
toire!
GRYB-CARR STORES COMPANY
COATS BLOCK, : :
Candies 10c per pound!
MAIN STREET
Watch Our Windows!
Itetnrn to Portland.
Mrs. E. N. Carroll and son, Orta,
who have been visiting Mrs. Carroll's
sisters, Mrs. Andy Campbell and Mrs
Frank Campbell, near Kenosha for a
month, departed for their home at
Portland, Oregon, this afternoon
Mrs. Andy Campbell accompanied
Mrs. Carroll as far as Omaha on her
return Journey. Mrs. Carroll came
Into the Journal office before leaving
for her homo and renewed for this
reliable family paper. She was
anxious to return to her home, as the
climate there Is not so cold as here
HIJP
If You Have Scalp or Hair
Trouble, Take Advantage of
This Offer. ,.
We could not afford to so strongly
endorse Ilexall "93" Hair Tonic and
continue to sell It as we do, If It did
not do all we claim it will. Should
our enthusiasm carry us away, and
Rexall "93" Hair Tonic not give en
tire satisfaction to the users, they
would lose faith In us and our state
ments, and In consequence our busi
ness prestige would suffer.
We assure you that if your hair is
beginning to unnaturally fall out or
if you have any scalp trouble, Rexall
"93" Hair Tonic will promptly eradi
cate dandruff, stimulate hair growth j
and prevent permanent baldness.
Our faith In Rexall "93" Hair
Tonic is so strong that we ask you
to try It on our positive guarantee
that your money will be cheerfully
refunded If It does not do as we
claim. .Two sizes, 60c and $1.00.
Sold only at our store The Rexall
Store. F. G. Frlcke & Co., Union
block.
Wonderful Success.
Straub Brothers, of Otoo county,
should feel very proud of the success
they have had at the stock Bhow In
Chicago. Their herd of Galloways
captured prize after prize, and tho
prizes are worth something for they
menn that the cattle shown are tho
best In the world. The Chicngo show
was the greatest stock show ever held
in the United States, and entries were
made from every state In the union.
Straub Brothers have entered their
cattle co many times In different ex
hibitions and have won so many
prizes that it must bo getting monot
onous. Nebraska City News.
THE DOCTOR'S
QUESIHI
Much
Sickness Due to Bowel
Disorders.
Found.
A black hog, weighs about 150 lbs.
Enquire of John Engelkelmeier at
the home of A. J. Engelkemeler, 6
miles west of Murray. 12-4-2tw.
TRUSSE
Saved From Awful Death.
How an appalling calamity In his
family was prevented Is told by A. D.
McDonald, of Fayettevllle, N. C, R.
F. D. No. 8.: "My sister had consump
tion," he writes, "she was very thin
and pale, had no appetite and seemed
to grow weaker every day, as all rem
edies failed, till Dr. King's New Dis
covery was tried, and so completely
cured her, that she has not been
troubled with a cough since. It's
the best medicine I ever saw or heard
of." For coughs, colds, lagrippe,
asthma, croup, hemorrhage, all bron
chial troubles, It has no equal, C0c,
$1.00. Trial bottle free. Guaranteed
by F. G. Frlcke & Co.
A doctor's first question when
consulted by a patient Is, "Are your
bowels regular?" He knows that 98
per cent of Illness la attended with
inactive bowels and torpid liver, and
that this condition must be removed
gently and thoroughly beforo health
can be restored.
Rexall Orderlies are a positive,
pleasant and safe remedy for con
stipation and bowel disorders in gen
eral. We are bo certain that we prom
ise to return the purchaser's money
In every case when they fall to
produce entire satisfaction.
Rexaxll Orderlies are eaten like
candy, they act quietly, and have a
soothing, strengthening, healing In
fluence on the entire intestinal tract.
They do not purge, gripe, cause
nausea, flatulence, excessive loose
ness, diarrhoea or other annoying
effect. They are especially good for
children, weak persons or old folks.
Two sizes, 25c and 10c. Sold only at
our store The Rexall Store F. G.
Frlcke & Co., Union block.
Wants to Help Home One.
For thirty years J. F. Boyer, of
Fertile, Mo., needed help and couldn't
find it. That's why he wants to help
some one now. Suffering so long
himself he feels for all distress from
Backache, Nervousness, Loss of Ap
petite, Lassitude and KIndey disor
ders. He shows that Electric Bitters
work wonders for such troubles.
"Five bottles," he writes, "wholly
cured me and now I am well and
hearty." It's also positively guaran
teed for Liver Trouble, Dyspepsia,
Blood Disorders, Female Complaints
and Malaria. Try them. 50c at F.
G. Frlcke & Co's.
Mr. Henry Long, of Murray, was a
Plnttsmouth visitor today and drop
ped In at the Journal office for a
chat with tho editor.
From Alva, Oklahoma.
The Journal Is In receipt of a let
ter from our old friend J. W. Cox,
at Alva, Oklahoma, In which he en
closes the money to pay for his paper
another year. Mr. Cox has many
friends in Cass county who will be
pleased to learn that he Is happy and
prosperous In their new home. Mr.
Cox left Cass county several years
ago, but has always kept In close
touch with his friends here through
the columns of the Journal.
Do you want an
AUCTIONEER?
If you do, pret one who has
Experience, Ability, Judgement.
Telegraph or write
ROBERT WIKINSON,
Dunbar, fleb.
Dates'made at this office or the
Murray State Bank.
Good Service Reasonable Rate
'1 ho only furgical house in the
Went where nil Biting is dont
by an eipcrt. Largest tocl
of truces in the West.
TKE W. C. CLEVELAND DRUG CO.
OMAHA, NEBRASKA
Farm For Rale.
1C0 acres two miles from Avoca.
Two houses and barns In fair shape.
Will sell for $140 per acre. A sixty
acre tract, well improved, 2V4 miles
from Avoca. And lots of other lands
in other sections. Come tnd seo me
before you buy.
Jncob Opp,
11-3-wklytf. Avoca, Neb.
Mr. John A. dishing, of Bellevuo,
was In the city today on business.
FikIm WIiiUm-'h Trouble.
To many, winter is a season of
trouble. The frost bitten toes and
fingers, chapped hands and lips, chill
Mains, cold sores, red and rough
Bklns, prove this. But such troubles.
fly before Bucklen's Arnica Salvo. A
trial convinces. Greatest healer of
Burns, Bolls, Piles, Cuts, Sores, Ecze
ma and Sprains. Only 2Tc at F. G.
Frlcke & Co's.
WJ i pi j&mm fate mm y
I
They Are All Going in One Direction
You Had Better Get in Line Too
And be one of the lucky ones to get a set of high grade cooking ware free.
Your own fault if you don't.
Before you leave home take a look at your kitchen range. If it is not the
South Bend Malleable, think of all those cooking troubles and then remember
it is possible to rid yourself of them forever.
While you are having a hot biscuit and a cup of delicious coffee, an expert
range demonstrater will tell you how it can be done.
There is a still greater attraction but you
will have to come to our store to see it
Remember the date Any day from December 12th to 17th.
KTOECHlLEla