mh
Official Paper of Box Butt') County
TWICE A WEEK TUESDAY AND FRIDAY
Officio 1 Paper of the City of Alliann
VOLUME XXVIII.
BOX BUTTE COUNTY, NEBliASKA, FRIDAY, DECEMBER 10, 1920.
NO. 4
DATE NOT SET
FOR M'ELHANEY
v PRELIMINARY
DISTRICT COURT IS CAUSE OF
POSTPONEMENT
Effort Will Be Made by County Attor-
ney Basye to Hold the Trial
'i During Present Term.
The date of the preliminary trial of
Evelyn Preiss McElhaney, charged
with the murder of Earl B. Anderson,
a local barber, shortly after 1 o'clock
Tuesday ' morning, has not yet been
et. Tentative arrangements were
made to hold the hearing this after
noon, but due to the press of busi
ness in district court, counsel cduld
not find time or it. An effort will be
made to have the arraignment some
time Saturday.
The hearing will be held before
County Judge Tah, and while it is not
expected that there will be sensational
developments in the case, it is possi
ble that the woman may attempt to
implicate others in the crime. 'The
defense will probably be self-defense,
-but an attempt may be made to throw
the crime onto someone else.
A charge of murder was filed
-against Mrs. McElhaney oh Tuesday
-afternoon. The complaint is signed
by County Attorney Basye, and de
clares that the deed was done with
''deliberate, premeditated malice."
This makes the offense first degree
murder. The matter of th edegree of
murder i3 always up to the jury to
decide. . .
Mrs. McElhaney has maintained her
rgood spirits ever since she was placed
under arrest. She has laughed and
Joked wiih attendants at the jail, and
until the time she was removed to the
county jail, did not lack for visitors.
She has refused to discuss any aspect
of the case, on the advice of her at
torneys, Mitchell and Gantz, but other
topics of conversation apparently
have not been lacking.
At the city jail, the woman was
shown every consideration. She was
permitted to have the door of her cell
open, and was allowed to take her
meals at a local restaurant. On such
..occasions it is saijtf the officers did not
annoy her "by f6rcing their presence
upon her. On at least one occasion,
she was permitted to dine with her
husband, and on the trips from the
jail to the restaurant the officer
usually walked some distance behind
her. At the county jail, v things are
somewhat different. About nine
tenths of these privileges have been
withdrawn. Public sentiment was con
siderably aroused over the matter,
and the woman would have been re
moved to the county jail sooner, had
it not been for the fear that she would
"be able to communicate with Urban
Zediker. s
Physicians Locate Bullet.
Drs. Slagle and Weyrens Thursday
evening used the X-ray to locate the
missing bullet, which "was found al
most immediately. It had lodged in
Anderson's back, taking an almost
straight course through the body. Dr.
.Slagle, following the failure to find
the bullet at the former autopsy, plac
ed his office equipment at the disposal
of the authorities. The bullet was a
steel-jacketed .32 caliber, and of the
same kind that were found in Mrs.
McElhaney's room. She is said to
have purchased the revolver and bul
lets at a local hardware store the day
before the murder, although she has
denied doing so.
The funeral had been scheduled for
yesterday, but was delayed until the
bullet could be found, and until fur
ther 6teps could be taken to locate
relatives. There were rumors that
Anderson had a wife and child, but it
has been impossible to verify the re
ports. A telegram arrived Thursday even
ing from Lincoln, addressed to County
Attorney Basye, advising him that
Earl Baine Anderson told a man
named Larson at Lincoln two years
ago that his father was formerly dis
trict attorney at Minneapolis. Attor
ney Basye has wired Minneapolis ask
ing that a search be made for his rela
tives. Sister Not Located.
Robert Graham, chairman of the
local Red Cross, has received the fol
lowing telegram from Kathleen Ros
site, executive secretary of the Red
Cross home service bureau at Omaha:
"Newspapers state Alliance authori
ties unable to locate relatives Earl B,
Anderson. We assisted him file claim
for compensation for disability in
curred in service. His sister, Miss
Nettie Anderson, lives 95 Howell Mill,
Atlanta, Ga."
County Attorney Basye shortly be
fore noon received a telegram from
the police authorities at Atlanta, Ga.
to the effect that Nettie Anderson, sis
ter of the murdered man, could not be
located.
The following addresses were found
V, ng his papers Wednesday after-
' Letter from R. H. Hallett,
Cu.. :twtnr in rhnrcro nf rnmnon.
s insurance claims, wasning-
ton, number C-20741S, address to
Anderson at 1004 North 24th street,
Omaha; he received compensation at
rate of thirty dollars per month un
der above file number addressed to
020 South ICth street, Omaha; he re
ceived letters at 2552 Cunnings street,
Omaha, while being furnished funds
for vocational training at Moler bar
ber college, Omaha; he probably con
ducted A. and M. pool hall and barber
shop at 2552 Cuming street, Omaha;
has letter from C. C. Cannam, 1511
Harney street, Omaha; was stock
holder in Isis Oil and Gas company
of Omaha and probably vice president
of that concern; has letters from Ada
Knight, Wellington Hotel and COS
West Fourth street, Des Moines, Iowa
and Harry F. Slack, route one, Deep
River, Iowa; and D. Barrett, 1431 East
!Hh street, Des Moines, Iowa and
Floyd Yost, 224 B East, Hutchinson,
Kansas. Also party with last name
Gilpatrick, 3151 Farnam, phone Har
ney 5266, Omaha.
Husband to Stand by Her.
L. A. McElhaney, prominent oil and
business man of Edgemont, S. D., has
arrived in Alliance, and has stated
to. reporters that he will stand by
his wife and will exert' every effort to
free her of the charge. The couple
were married five years ago, but have
not been living together. According
to the belief of the authorities, the
wife's difficulties have brought about
a reconciliation. Mr. McElhaney has
been a regular caller at the jail, and
on each trip has brought magazines,
flowers or other things for his wife.
Mr. McElhaney would make no
statement about the case other than
to say that he would exert every ef
fort to free his wife. He operates a
tailor shop at Edgemont, S. D. He
owns 160 acres of land near Edgemont
on a part of which a rich oil well was
brought in last week.
Spilled the Beans.
The prosecuting attorney has dis
closed nothing concerning the witness
es he has of his ideas concerning the
motive for the crime. It is known,
however, that there were several eye
witnesses to the crime, but whether
these can be depended on to testify is
a question. The evidence so far se
cured makes it appear that Anderson
was murdered in cold blood by the
' (Continued on Page 5) -'"
- -
ARGUE DAMAGE CASE
BEFORE SUPREME COURT
Argument was had Wednesday
morning in supreme court on the ap
peal of the estate of John H. Krause
and others from a judgment of $75,
000 obtained in Douglas county by
Peter Long. The original amoul.t
sued for was $992,000.
Krause was one of two brothers who
operated a large cattle ranch in south
ern Sheridan county, upon whose
property were found some of the rich
est potash lake3 in that section of the
state. The Krauses, well-to-do be
fore, were lifted into the millionaire
class by reason of their contracts
with potash companies that gave them
20 per cent of the value of the mm
eral sales extracted,- At one' time
they were getting $1,000 a day from
one company alone. Later they joined
company that built a plant of its own
"at Antioch, but which is not now be
ing operated. John H. Krause was
killed a year ago in an accident in a
doctor's office in Alliance.
Peter Long and his wife insist that
part of the wealth secured by the
Krauses from the potash lakes Be
longed to them. They were the orig
inal owners of one- large piece of land
upon which potash lakes were later
worked, and they claimed that Krause
knew of the existence of the potash
and its value when he induced them
to sell for a small sum, a fact of
which they were ignorant.
The" argument ranged largely about
the legal proposition of whether re
covery can be had under such cir
cumstances, the attorney for Long cit
ing a number of cases in which the
suppression of knowledge was held to
reader the suppressor liable in dam
ages, while the other side had a num
ber of citations to support their prop
osition that no recovery could be had.
State Journal.
Dr. George J. Hand, prominent Box
Butte county physician and surgeon,
has been appointed by District Judge
Westover as a member of the county
insanity board to succeed Dr. H. II
Bellwood, who recently moved to Cal
ifornia. Dr. Hand also holds the post
of city physician for the city of Alli
ance. He has practiced in Alliance
for many years.
Dr. F. M. Knight, president of the
Alliance National bank, was called to
Decorah, Iowa, Wednesday noon by a
telegram stating that his aged mother
nearing the ninety year mark and is
very feeble.
J A III tin ftftOT.
. H l U I N II It II O I
I' III II1U WW
NOT SO HIGH
ASJEPORTED
VARIATIONS IN DISTRICTS DUE
TO FREIGHT RATES
Assessment Sheets Show That Highest
Cost, Including Extras, Less
Than $6.50 Per Yard
Since the publication of the special
assessments for the paving, the coun
cil and engineers have been subject to
considerable1 criticism due to the prop
erty owners not having tJCl?n informed
concerning the final cost of the paving
It has been asserted that the cost ran
as high as $9 per square yard.
The Herald has consulted the as
sessment sheet and finds that the
highest cost, including all extras, was
about $f.45 per square yard in dis
trict number 5, while the correspond
ing cost in district number 3 is about
$ ,.o2 per square yard and district
nu.vibor , $5.24. The contract prices
were respectively $5.50, $4.59 and
$4.48, making the cost of extras, 90
cents, $1.03 and 76 cents per yard re
spectively. The explanation of the large in
crease in the cost between districts
numbers 3, 4, 5, 6 and 7 ov-r district
number 2, is the increase :n freight
rates which took effect August 26th.
This item increased the cost 25 cents
per yard on brick alone and smaller
amounts on gravel and cement. The
amounts given as total cost per square
yard may be reduced by nearly 8 per
cent if paid in 50 days after the as-
sessent was made. This leaves the
net cost of the paving for district
number 5 about $5.93, number 3 alout
?5.15 and district number 2, $4.82 per
ujuare yard.
Further investigation showed that
n about sixty days additional pav
ng contracts could be let at about
?5.00 per square yard. Assuming a
30 foot roadway for all streets, the
final as follows:
Assessment Assessment Total
Loca- on for Assess-
tion Front Street Side Street ment
Corner lot$500
2d 50 ft 500
3d 50 ft 500
$750
375
, 275
$1250
875
775
$1500
'$1400 $2900
J. P.
Rossiter, of the oil firm of
& Rossiter, stopped over in
French
Alliance for a few hours between
trains the first of" the week, accom
panied by his wife. They were on
their way to Scottsbluff, their former
home. Mr. Rossiter, who has been
continually on the job for several
months and who is in a large measure
responsible for the bringing in of the
new Edgemont field, is planning on
taking a vacation . for a couple of
months.
Lloyd C. Thomas of Alliance, form
er editor of The Herald, has just re
ceived notice that he has been ap
pointed to a place on the editorial
field staff of the leading oil maga
zine of the United States Petroleum
Age, of Chicago. This magazine,
which has a world-wide circulation
will publish a number of illustrated
articles by Lloyd in its future issues.
The Omaha World-Herild, leading
Nebraska daily, is also publishing at
regular intervals on its market page
a column of "Nebraska Oil Notes,"
edited by him.
INCOME TAX PAYMENTS
ARE DUE DECEMBER 15
The commissioner of internal rev
enue, Washington, u. C, writes to
Collector Loomis under date of De
cember 1, as follows:
"December 15 is the last day for
the payment of the fourth installment
of the income and excess profits taxes
due this year. To avoid penalty, the
tax must be in the offices of collect
ors of internal revenue or branch of
fices by midnight of that date.
"Inquiries reaching the commission
er of internal revenue indicate u be
lief that taxpayers have ten days
grace on this installment. Such a
provision was contained in the 1917
revenue act, but was removed by the
revenue act of 1918.
"Payment of the fourth installment
may be made in cash or by money
order or check. The bureau of in
ternal revenue urges that whenever
possible payment be made by check
or money order. This method helps
the taxpayer by saving him a trip to
the collector's office and avoids con
gestion at the cashier's window. Check
or money order should be made pay
able to "collector of internal revenue."
"Bills will be sent to taxpayers, but
failure to receive a bill does not re
lieve the taxpayer of his obligution
to pay on time."
JURY FINDS
D. ZEDIKER
NOT GUILTY
STATE LOSES WAGON STEALING
CASE AGAINST HIM
Jury Not Convinced by Testimony
Offered by Witnesses
for Prosecution
' A jury in district court Wednesday
afternoon brought in a verdict of not
guilty in the case of the State vs.
Dwight Zediker, charged with steal
ing a farm wagon from the Farmers'
Union store of this city on March 1.
The testimony showed that on the
evening before that date, Dwight
Zediker was loading out an emigrant
car for Crawford. He had been busy
loading the car during Sunday -and
until 2 a. m. on Monday, March 1.
In the evening he had a conversation
with Claude McDonald, then night
yardmaster, telling him that he had
about finished loading and wanting to
know how soon he would get out.
At 3 a. m., W. H. LaMon, switch
man on the switchengine, got the car,
with Zediker, and took it to the weigh
ing scales. At the time the switching
crew arrived, Zediker had still a wa
gon to put in the car, and after this
was loaded, Zediker, his wife and
brother-in-law, John Hanson, got in
the car and remained with it until it
as placed in the train. Then the
three got out and went to the depot.
Mrs. Zediker went to the Manhattan
restaurant, and the men to the freight
house to bill out the car.
At 4 a. m., Zediker had another talk
with McDonald, and was told that the
tra'n would leave in nn hour or two.
From this point on the testimony was
quarely contradictory. Zediker said
hit he and his wife went to their
rooms and to bed, and the brother-in-
law went to the car and went to sleep
on a cot. He got to sleep before 5
o'clock and said he did not wake up
until the train had nearly reached
Crawford. At Crawford he saw a new
wagon in the car. It was not there
when he went to sleep, and he did not
know how it got there. The wagon
was extra large, army built, but some
one succeeded in putting it in the car
Avithout (waking hi
Claude McDonald testified that Zedi
ker cane to the yard office about C
a.,m. and asked for help in loading a
wagon. McDonald paid no particular
attention to him. Thirty minutes la
ter, he declared while walking through
the yards, he came to the Zediker car
and saw Dwight Zediker and a strang
er loading a new wagon inio the car.
He said he had known Zediker ten
years and could not be mistaken in
the man.
Georj;e Neuswanger, then manager
of the Farmers' Union store, testi
fied that at Criwford the wagon was
lound in the car. He positively identi
fied it as the one which had been taken
from a vacant lot near the store be
tween Saturday night and Monday
morning.
Zediker said that he did not get up
until about 8 a. m., that iie left for
Crawfo.d about r.oon, and had no idea
how the wagon got in the car.
Partios contemplating attending the
McElhaney preliminary trial are
warned by Judge Tash that there is
about one chance in a thousand that
they can get in the court room, as the
relatives and close friends will more
than fill the space.
IT IS NO CRIME
TOSTEAL WHISKY
Charles R. Weirman, former Burl
ington switchman at Alliance, who
was caught on June 11 in a box car
in the local Burlington yards by Spe
cial Agents Todd and Smith, and who
was tried in district court Thursday
on a charge of burglary, was dis
charged yesterday afternoon by the
ury on an instructed verdict.
The defendant declared that he had
been looking for whisky. Other rail
road men testified that he had nothing
of value in his possession when
caught. Judge Westover declared that
whudcy, being an "outlaw," has no
value and instructed the jury to re
turn a verdict of not guilty, which was
done.
'THE JOLLIES OF 1920"
AT THE IMPERIAL TONIGHT
The Elks minstrel, the "Jollies of
1920," is the attraction at the Im
perial tonight, and it is probable that
if you haven't already got your seat
reserved, you'll have hard time squeez
ing in. The reservation of seats be
gan Wednesday morning, and by
Thursday noon most of the seats had
been spoken for. There won t be
THE WEATHER
Forecast for Alliance and vicinity:
Fair tonight and probably Satur
day; warmer tonight. ,
single empty scat in the house, when
the curtain goes up. If you're lucky,
however, you may manage to get one
yet this evening. The Elks may be
yet this evening. This will be the only
chance to see the "Jollies of 1920,"
as the performance will not be re-
: peated. The production company man
agers will leave Alliance Saturday.
"Should a Woman Tell?" from the
story by Finis Fox, is scheduled for
Saturday. The story centers about
Meta Maxon, an everyday little fisher
girl from a town on the Massachusetts
coast, who, by reason of circumstances
is brought into the life of Boston so
ciety. Ingenuous, entirely without
knowledge of the ways and means
of this set, she succumbs to the ad
vances of a young chap, the nephew
of the kindly woman who befriended
her.. Later in Meta's life comes true
love; and it is then that her terrific
problem confronts her. On the eve of
her marriage the girl is undecided
whether or not to tell her prospective
husband of the incident of ye.irs ago,
the stain upon her past How she met
her problem and solved it is a fascin
ating, powerful story of the soul
struggle of a woman.
Sunday comes Douglas MacLean
and Doris May, two well known stars,
in a rollicking photoplay, "Mary's
Akle." The story is about a Doc
Hampton, young and impecunious,
who meets a girl on Tag Day and
falls in love with her. In order to
claim an inheritance from his rich
uncle, Doc has fake wedding annouce
ments sent out. His bluff is called,
the uncle informing him that he will
be on hand to inspect the bride and
take them on a honeynoon to Hono
lulu. In the emergency, fate throws
the Tag Day girl across Doc's path.
He persuades her to pose as his bride,
and later, of course, she makes good
the deception by falling in love with
her pretended husband.
A mass meeting of all interested in
the Board of Public Welfare movement
will be held at the court hous-e Monday
evening, December 18th. All organ
izations are requested to send repre
sentatives as the constitution present
ed at the latt meeting will be voted
upon at this time. '
PRELIMINARY DEBATE
AT THE HIGH SCHOOL
The preliminary debate, held for the
purpose of selecting the three debat
ers and an alternate who shall consti
tute the debating team of the'Alliance
high school for the current school
year, will be held at the high school
auditorium Wednesday, December 15,
at 8 p. m. The question for debate is:
"Resolved: That the literacy test to
restrict immigration should be re
pealed."
The young people to debate are as
follows: Affirmative Ruth Stanton, j
Margaret Schill, Chester Yount, Har
old Clark. Negative Charles Cross,
Tom Miller, Edward Morrow, Rowland
Threlkeld, Mary Wollis.
Interest is much keener in debate
in this district this year than ever
before. For the first time the full
number of schools have entered and
are as follows: Sidney, Scottsbluff,
Chadron, Ogallala, Bayard, Minatare,
Gering and Alliance.
The public is cordially invited to at
tend. No admission fee will be
charged. 1
J. A. Armour, secretary of the Grif
fith Oil company, controlled by Alli
ance capital, reports that he has se
cured a lease on eighty acres of well-
located oil land near the new well at
Edgemont which was brought in last
week by French & Rossiter. The tract
secured by Mr. Armour is pronounced
by geologists to be very favorably lo
cated and it should prove a valuable
addition to the holdings of the Griffith
company.
MAYOR RODGERS HAS NO
THOUGHT OF QUITTING
During the past three or four days.
rumors have been current upon the
streets that Mayor Rodgers had re
signed. Yesterday there was a new
rumor to that effect every ten minutes
and each time a different cause was
assigned.
Mayor Rodgers says theres noth
ing to it. He hasn't even thought of
quitting the city's helm. He hasn
even hinted at it. He hasn't any do
sire to do it. "You can make it just
as strong as you want to," he told a
Herald reporter. "I'm still on the
job, and 60 far as I know, will stay
here until the end of the term."
Mrs. J. W. DeMoss has been on the
a sick list but is now convalescing.
URBAN ZEDIKER
FOUND GUILTY
0FPIN THEFT
DISTRICT COURT JURY BRING3
IN VERDICT THURSDAY
Second of Two Brothers to be Tried
This Term of Court Convicted
of Grand Larceny
Urban R. Zediker, the second of two
sons of W. G. Zediker to be placed on
trial at the present term of district
court, was found guilty by a jury
Thursday afternoon on the count of
grand larceny. Zediker was unable to
explain to the satisfaction of the jury
men the manner in which he became
possessed of a diamond stickpin,
valued at $700, the property (if A. C
Isaacson, which he had pawned to
Tom Gray. There was insufficient
evidence to hold him on a charge of
breaking and entering. The penalty
for the offense of which he was con
victed is from one to seven years in
the penitentiary, but sentence will
probably not be pronounced by Judge
Westover until near, the end of .the
term.
Zediker, who was defended by Eu
gene Burton and Robert Reddish,
sought to set up an alibi. Witnesses
were called to show that on the day "
the theft was alleged to have taken
place, July 80, Zediker was not in the
neighborhood of the Isuaoon home.
Various men testified as to Lis where
abouts from J:30 in the evoning lo 1
a. m. the day following. The most -damaging
testimony came from Ocar
Reed, former 'chief of police, who told
of discovering a diamond stickpin,' af-
terward identified by A. G. Isaacson
as his property, in the possession of
10m uray, wno sauj that tie had re
cured it from Zediker. The defense at- "
tempted to refute this story by bring
ing in a mysterious railroad man who
first had pawned the diamond to Zedi
ker. According to the lattcr's story on
the witness stand, he came into pos
session of the diamond this way. lie '
had been in a crap game, he said,
three or four nights bs.ore ihe eve
ning in question. He had been fortu.t- ,
aie, ana eany in me evening retired
from the game, being over $200 to
the good. The reason be left early,
he said, was because he had won about
all the money there was in sight, and
he feared that other players would at
tempt to borrow his Winnings. He
came down town, and was t til owed
by this mysterious stranger, who first .
tried to borrow money from him, and
later, when this was unsuwc-t.itu , tN
ama.I . 1 : . . i .:, . .
vi cu wis uiamumi Micupin US if .l ily.
He hud finally let the stranger have
$75, he said, with the diamond pin as
security. Later that evei.,,, 4o went
back to the game, and found there
were new players. His Iucr det ;i ted
him, and he lost most of h.s w.nuingir
lhe fact that they broke him, he said.
explained the pawnig ot the ) n to
Tom Gray, lorn offered him onl y $i0
on it, and advised him to see Kail An
derson. Anderson lowered the bid,
and oliered but $50. tie finally let
Gray have it, and piomised to redeem
it at the enu of the week ix the mys
terious railroader hadn t showed up
and claimed it by that time.
Oscar Reed told of discovering the
pin in the possession of loin Gray.
Mr. Gray' on the stand repeated the
story he had told at the preliminary,'
stating that he had received it from
urDan euiker, as a pledge ior (ou
loaned on it.
W. G. Zediker, as the first step in
the alibi, testified that his son had
come into Cook's pool hall about 6
o'clock, had played pool there with S.
R. Burkholder and others, had after
ward given an exhibition of fancy
shooting with the cue, had then eaten
lunch. C. C. Smith, S. R. Burkholder
and Jay Duncan corroborated this
testimony. .
Wayne Zediker stated that on the
evening of July 30, about 7 o'clock, he
saw Urban on the Alliance National
corner.
. Steve Cannon's testimony was that
on that evening he went to the Joe
Smith pool hall about 8:15, remaining
there or an hour. When he left Zedi
ker was still there, playing billiards
with Earl Anderson. Anderson, Gray
and Zediker then went to Gray's
rooms, and did not leave there until
about 1 o'clock. Zediker said he then
went home. This alibi covered a good
portion of the time during which the
pin could have been taken from the
Isaacson home.
Zediker testified that he had sot
been north of Third street that night.
He stated tha the did not even know
where Isaacson lived. Jack Ha we 3,
traveling man, was called by the
prosecution, and testified that on the
morning of the 29th, he came in on,
the Casper train. He carried two
(Continued on Page 5)