ti ff
Official Paper of Box Butte County
TWICE A WEEK TUESDAY AND FRIDAY
Olllcial Paper of the City of Aliianet
VOLUME XXVIII.
ALLIANCE, FOX DUTTE COUNTY, NElHiASKA, TUESDAY, DECEMHEli 21, 1920.
NO. 7
JURY BRINGS hv
SECOND DEGREE
MURDER VERDICT
THE WEATHER j
vierall fair tonight and Wednes-
jng northwest winds.
EVELYN PRIESS MELHANEY TO
GO TO PENITENTIARY
SENTENCE TEN YEARS TO LIFE
Half the Jury Favors First Degree
w Conviction on First Two Bal-
V, lots Judge Wentover Will
i Pronounce Sentence
' The Jury in the case of Evelyn
Priess McElhaney, charged with
shooting Earl B. Anderson, Alliance
barber, in the alley in the rear of the
Joe Smith pool hall early Tuesday
morning, December 7, brought in a
-verdict of second degree murder. The
case was ariven to the jury about 4
p. m. Saturday afternoon, and they
were out about three and one-half
hours. - ...- r '
The state did not ask the death
penalty, but did urge a conviction for
rst degree murder. It is reported
that on the first two ballots, the
jury was evenly divided, six voting
for a first degree and six for a second
degree conviction. On the third bal
lot, the vote stood ten for second and
two for first degree. On the fourth
ballot, taken just before the jury went
out to supper, the vote was unani
mous. Airs. McElhaney came into court
about 8 o'clock and awaited the read
ing of the verdict. All during the trial
she had preserved an impassive coun
tenance, and she kept her self-control
to the last. Even when the result was
known, she did not lose her compos
ure, but talked with her husband and
attorney.
Evidently she lost confidence in the
rotiiH. nftpr the nlpa of Attorney
Prince for the prosecution. Her jailer
reported that when she returned to
lier cell at the time the jury retired,
the broke down and sobbed for a few
minutes on her husbands shoulder.
Ten Years to Life Penalty
The penalty for second degree mur
. . . . i - .1 : C T . . .1 .
ter is ai me uiscicuuh ui o uuc
anvthine from ten years imprison
ment to a life term. She is allowed
three days in which to file an appeal,
and sentence may be passed at any
time after three days. Her attorney,
"William Mitchell, has announced that
an appeal will be taken. District
Judge Westover, fol'owing the read
ing of the verdict, adjourned court
until January 4. It is understood that
sentence will not be passed upon her
until after the holidays.
Justice Speedily Rendered
For the first time in the history of
Box Butte county, a woman has been
convicted of the crime of murder. ' In
this case, justice has been most sum
mary. Just eleven days from the day
Earl Anderson was shot,' a jury of
Box Butte county farmers and ranch
men answered the appeal of Prose-
cutor Prince to "help clean up Alli
ance." The verdict in the case seems to
have met with popular approval.
There has never been a murder trial
In which popular interest was so
great, especially on the part of the
women. It is believed that if women
had been chosen for the jury, an even
more harsh verdict would have been
rendered. Saturday evening, dozens
of women called up the various offices
in the court house to find the result
of the trial, and most of the inquiries
came from women, who expressed
their approval in no uncertain terms.
It is thought that with this convic
tion and others which have been made
recently, it will be easier for the po
lice force to clean up the city and
keep it clean. It has been the gen
eral belief that an organized "gang"
has been operating in Alliance, and
that this gang is in a fair way to be
broken up. The police are making a
strenuous effort to rid Alliance of
undesirables of every kind, and while
public sentiment has been more or
les. lax, the last murder has brought
about a distinct change in the the feel
ing. Arguments by Attorneys.
With the exception of an hour in
which the state examined witnesses
in rebuttal, Saturday was devoted to
argument by the attorneys. County
Attorney Lee Basye made the opening
statement for the prosecution, review-r-ing
in a brief, but forcible manner,
the overwhelming evidence that the
state had piled up against the defend
ant. He paid especial attention to the
testimony of A. H. Grulbs of Whit
man, the only disinterested eye-witness
to the murder. Mr. Basye made
a plea for a first degree conviction.
Attorney William Mitchell, counsel
for the defendant, made an heroic plea
in her behalf. For over an nour and
a half he wrestled with the jury, ris
ing to heights of oratory innumerable
times. At several times during his
address, one or more relatives of the
defendant were overcome with grief
and left the court room. A sister
fainted and had to be carried from
the room.
Mr. Mitchell told of the hard living
conditions of the defendant's youth.
She was born poor, one of eleven chil
dren, her father a laborer, and she
was compelled to help earn her bread.
He dwelt on the amicable relations of
Mrs. McElhaney and her husband, and
told of Anderson's alleged shameful
abuse of her.
The attorney dwelt at some length
on the testimony of Mr. Grubbs, and
claimed there was a discrepancy in
his story, inasmuch as the shell was
not anywhere near where he stated
Mrs. McElhaney was when she fired
the fatal shot.
He closed with a claim that the de
fendant was to become a mother, and
that if she were convicted the state
would claim two lives instead of one.
He referred to the happy Christmas
season and pleaded with the jury to
give her her freedom.
Prince Makes Final Plea.
Attorney W. A. Prince of Grand
Island, employed by the county com
missioners to assist the county attor
ney in the prosecution of the case,
made the final argument for the state.
From 1:30 to 3 o'clock he held the
crowded court room spellbound with
C, E. HERSHMAN .
DIES SUDDENLY
FROMAPOPLEXY
WELL KNOWN SURGEON PASSED
AWAY MONDAY AFTERNOON
Was Examining Patient with X-Ray
and First .Reports Indicated He
Had Been Electrocuted
Dr. Ci EY Hershman, thirty-four
years of age, one of the most widely
known physicians and surgeons in
western Nebraska, died suddenly at
his offices in the Guardian State bank
building at 3:30 o'clock Monday after
noon. Dr. Hershman had been ex
amining a patient with his X-ray ma
chine, and this fact was responsible
for rumors that he had been electro
cuted, although physic.ns who were
called state that this was almost an
impossibility, due to the fact that the
machine did not carry sufficient cur
rent to cause death.
Dr. Hershman had been examining
a patient, Mr. Ralls of Antioch, with
the machine a short time previous to
his death. His assistant, Miss Nellie
Tyree, was developing an X-ray plate
in the dark room adjoining the room
occupied by the doctor and his pa
tient, and heard the machine fall to
the floor. She hurried out, and found
Dr. Hershman lying on his back,
struggling for breath. The machine
was lying nearby on the floor.
Dr. Minor Morris who was called
his masterly summing up of the case, i arrived on the scene within a few
He characterized the theory of the tie- minutes, before death ensued. Lntei
fense as flimsy, and proceeded, by one other physicians came, who, after an
means and another, to tear it to 'examination of the apparatus, de-
pieces.
(Continued "on Fage 4)
BIG SNOWSTORM
HITS ALLIANCE
Winter Season Officially Opens After
Mildest Fall in Memory of
the Old Settlers
L. E. AYLSWORTH
DISCUSSES CITY
MANAGER PLAN
UNIVERSITY PROFESSOR TALKS
TO CHAMBER OF COMMERCE
Man Who Drew Up Legislation Ex
plains Workings of the System
to Alliance Business Men
Frof. L. E. Aylsworth of the de
partment of political science of the
University of Nebraska addressed an
audience of fifty or more business
men of Alliance at the noon luncheon
of the chamber of commerce Monday
on the city manager plan of munici
pal government. Professor Aylsworth
drew up the law covering this form
of government in 1916 for Represent
ative Adam McMullen of Wymore,
and inasmuch as it is right in line
with his work in the university, was
able to give authoritative informa
tion concerning the operation of the
plan and the way in which it has
worked out in other cities. He stopped
over in Alliance on his return to Lin
coln from a trip to Sheridan, Wyo.,
where he addressed an audience of six
hundred before the Open Forum of
that city last Sunday afternoon.
Always interesting, Professor Ayls
worth was at his best in the discus
sion. He explained at the outset, that
the University of Nebraska, while not
called upon so often us might be, was
always ready to answer calls for
pass any desired ordinance, or sub
mit it to a special election.
Advocntes of the plan claim for it
that it comes nearer than any other
"orm to uniting popular control with
eiTiciency in government It provides
a short ballot. Not more than three
men are elected at any one time, and
it Is possible for every voter to be
informed about every man for whom
he votes, Lincoln voters, under the
old system, at each city election, had
to vote for over twenty men, and
voters could not know all these suffi
ciently well to make intelligent selec
tion. Another point in its favor is
that it concentrates authority, and
makes the city government responsi
ble to the whole people. The council
is responsible for the general policy,
and the city manager responsible for
the administration of city affairs. The
city council can be recalled in entire
ty, if the voters so desire. The city
manager cannot be recalled, but he
can be discharged at any time by the
council, provided the latter does not
enter into a contract with him for any
specified length of time. If efficient,,
there is no reason why he should not
have a permanent position.
Mostly Small Cities Having Plan.
Of the 190 cities which have
adopted the city manager plan, Pro
fessor Aylsworth said, 125 have less
than 10,000 population; and fifty of
them are in the class of Alliance,
from four to seven thousand popula
tion. They are in thirty different
states, although Virginia, Michigan,
Texas and California have the most.
He gave reports by city managers of
various cities, showing what had leen
accomplished by the plan. In Web
ster City, la., the claim is made that
ward politics have been eliminated;
speakers or for information from the jthat vote getters are no longer prom-
clared that it could not have been
responsible for the death. This opinion
is corroborated by electricians, who
declare that the fuses were not.even
blown out, which would have been the
case had a current stronger than 110
volts passed over the wires.
The body was removed to the Dar-
jling undertaking parlors, where two
severe burns were found on one of
the arms. The theory is that Dr.
Hershman suffered an apoplectic
stroke, and in falling to the floor, his
arm came in contact with uncovered
wires, which caused the burns. Mr.
Unless" all indications fail, as they ! Rails, the patient, declared that ai
have done two or three times before tne doctor feli, the room was filled
during this exceptional fall, the win-,wjth a bluish light,
ter season was officially ushered in i rjr. Hershman came to Alliance nine
Monday with a heavy fall of snow, years ago, first as Burlington physi-
which began early in the morning ana cian but later establishing himself in
cities w thin its territory.
Mr. Aylsworth declared that he fa
vored newer ideas in government and
politics, but that he was not an out-and-out
advocate of the city manager
plan. In no sense did he consider it
a cure-all for the ills of municipal i
w'll bring the political millennium.
Good government rests responsibility
with the citizens, nnd any given city
will, in the long run, get about as
good government' as it deserves. He
regarded the city manager plan as an
improvement in the machinery of gov
ernment, nnd while machinery is not
everything, he believed that some of
the newer forms of government tend
to grc -greater efficiency.
Councilmen Chosen at Large.
The city manager law, upon the
ised jobs for swinging elections. The
councilmen are nil representative
business men who never allowed their
(Continued on Fage 9)
continued, with slight interruptions
all during the day and night. The
fall of snow was fairly heavy, and
was accompanied with lowering tem
peratures but very little wind Mon
day night or Tuesday morning. The
weather forecast called .for brisk
winds today.
This has been the mildest fall with
in the memory of old-time Atnchers
and stockmen. Last year the cold
weather started in October, and by
the end of that month the larger
sandhill lakes were frozen over, to
remain that way until the spring
thaw. This year most of these lakes
were still open, up to a week or so
ago. There has been no snow yet
in any quantity worthy of designation
as a storm.
This has been a great fall for the
amateur gol fists, who have been able
to play practically every Sunday. Last
Sunday there was perhaps the great
est number out of any day since the
Country club was organized. Broncho
lake was frozen over, and there were
a number of skaters, but the golfers
got along without overcoats or gloves
until pretty late in the afternoon.
The stockmen, too, have found the
fall pleasant, and profitable as well.
Up until now it has not been neces
sary to feed any stock, and prices on
hay are 'way down. The farmers are
greatly cheered by the snowfall, the
moisture being needed for the "big
crops of fall wheat, thousands of acres
having been planted in this part of
the state. There was an unusually
large acreage of wheat planted this
fall in the Goodstreak district, south
west of Alliance.
According to railroad officials, the
storm extends over ntbst of Wyoming,
Montana, South Dakota and the state
of Nebraska. All passenger trains in
anil out of Alliance are running
double-headers and the Burlington
railroad is taking every precaution to
avoid the experience of last spring,
when a passenger train was stalled for
lorty-seven noirs near Alliance in a
snowdrift.
private practice. He was an Odd Fel
low, Mason anil Shriner, and president
of the Guardian State bank. He is
survived by his wife, .formerly Miss
Dorothy Hoag of this city, and
two young sons, "Buddy"' and Bobby.
A brother, Fred Hershman, is a mem
ber of the Alliance Drag company.
A MOONSHINER
HAS HARD LUCK
Special Agent T. J. Smith Gets Hold
of Suitcase With Two Gal
Ions of Hooch
NORTH PLATTE
MAN SELECTED
FOR SECRETARY
GEO. M. CAREY EMPLOYED BY
CHAMBER OF COMMERCE
TAKE OFFICE FIRST OF JANUART
New Man a Graduate of Cornell, aa4
Has Proven Successful In This
Line of Work Strong
on Co-operation
George M. Carey of North Piatt
was elected secretary of the Allianc
chamber of commerce at a meeting of
the board of directors held in the of
fice of J. W. Guthrie Monday evening.
A number of applicants were consid
ered for the place, but Mr. Carey, wh
was present, made a tremendous hit
with the directors and was (elected
without a dissenting vote.
For the oast four months, Mr. Carey
has been secretary of the North Piatt
chamber of commerce, but his recro
tarial experience extends over a period
of several years. He has been con
nected in the past with the Sioux City,
la., organization, where he had charge
of certain' activities.
Mr. Carey is a live wire sort of a
fellow, and seems to be fairly oozing;
pep and ginger. He is a young man
of the same general style of beauty
as Kufus Jones. The new secretary
was originally a New Yorker, being a
graduate of Cornell university, but he
has lived in the west long enough to
lemove any particular taint of the ef
lete east. He is a footbull enthusiast,
having held a place as an official of
the western conference. At Cornell
he received a letter in football and
track, and so can qualify as an athlete.
Beginning the first of the year, Mr.
Curey will assume the secretaryship
here. He has had an opportunity to
look over the city, has expressed him
self as well pleased with the people
and prospects here for a live com
mercial organization, and has already
formulated a plan and outlined a
definite program for the Alliance or
ganization, which will be announced
Special Agent T. J. Smith of the) later. He has some mighty good ideas
Burlington is being courted by the on co-operation, and among the first
more courageous of his friends the! tanks he will tackle will be thiit of
nflt in-A davs. follow-in the knowl- i getting the neighboring ranchers and
r law, Upon the , ., ... v"l.,.j !- v: o ! farmprn in filler tnurh w'th Alli-
1 . . . . . mi a 1(1 mill 1 1 I till J 1 1 iun i j u . i ''! ul . - ' - - - - - ---
adoption of which Alliance will vote two KBllonjl of homemade hootch ar.ee' organization and its members-..
January 4, provides for a council of 4, ... ... . ronp tno M, Carev is an KIk aml Phi Kaima
five men, nominated and elected 1 at a . ' Smith found them in a Psi. lie is married and will bring
sultcnse. wh ch has a more or ess pe-tnis w.ie ana iwo smaii sot.? u mis
candidates or more will be nominated.
Of these, the five who i
highest vote at the gener
will be declared elected, lhese coun-1
cilmen are chosen at large not from
wards. Every voter will have an op-
nommated. ui;ar history m these (lays of i,-0uth. i city as soon as arrangements cm be
ieceie the & Wyoming man who came to ( completed for a place to live, lie left
ai election Saturday night. He this afternoon for North Platte, where
portunity to vote for all five. One of
POSTOFFICE L08BY
WILL BE ENLARGED
This week there is being published
a request for bids on alterations in
the Alliance postoffice which, when
completed, will result in enlarging the
lobby to the extent of sixty-four
square feet, and permitting the instal
lation of over five hundred additional
boxes. .
The plans, as approved by the su
pervising architect, provide for re
moving the north tier of boxes, and
in its place constructing ' an alcove
eight feet square, which will have
boxes on all three sides. The altera
tions will take the space from the
workroom and add it to the lobby.
At present there are 1,200 boxes
in the lobby, but this number has not
been sufficient to supply the demand.
There is now a long waiting list. The
five hundred additional boxes will
take care of the demand in good
shape.
Bids will be opened the tenth of
January, and sixty days will be al
lowed for the work after the pro
posal is accepted by the supervising
architect. The work should be fin
ished by the first of April.
and was either a bootlegger or a
maker of moonshine. He lugged
the evils of the ward system, the : 1 -speaker
declared, wa sthe tendency to three one-gnnon Jar. of the beverage
log-rolling and vote-trading, in order han",nPthe thing as tenderly as a
to benefit some particular ward at the motfher handles a ch.Id. But ace,-
exoense of the cltv ldents wlU haPPen even to the most
expense oi me citj. cautious of bootleggers. In some man-
At the present there are some 400'ner one of the glass jnrs became
cities in the country which have b,.okpn aB(1 through the stale atmos-
milieu me cuy tunimiBMun lonn 01 D ,ere 0f the Rmoker there stole a
was en route from Casiier to Alliance, 1 he will close his affairs, and phns to
be back in A:i.ance the miai.ie or
next week, ready 4o tackle his Job.
government, and 190 wliich have the
city manager plan. Professor Ayls
worth explained the difference be
tween the two forms Of government.
Unaer the commission form, the com
missioners are both administrators
wonderfully pleasant odor. Men laid
aside their pipes and cigars and lolled
NAVY RETURNS TO THE
FGUR-YEAil ENUSffiENT
According to advices icceived by the
local navy reel tilting o fice in the
postoffice building, flirt enlistments
1 v - l r . I
I win liu lu iti imj ie'.e t.u iui ,fI.U'l
except ru nors
igars ana lo.iea of iCKS th.,n fUP vt...rf..
bacic in a ureaming son oi way. ; between the ages or seventeen and
Sharp-nosed women in the car ahead 1 eighteen, who m'av, as heretolore, be
uegan to mn wie a.r up::iuuM y. . nl sted for the per od of minor t v. or
, The colored porter began to hang
and legislators. Under the city man-( arouml ami pmie frjrratiatingly,
ager plan, the council is purely legis- xhe Wyoming man was about the
lative, all administrative functions be- ast to discover that an accident had
mg in the hands of the manager, 'happened. The odor at last became
The plan, under the law, provides so strong that he grew alarmed. He
for a council, which will serve for was afraid to open the suitcase, and
four-year terms, except at the first i didn't dare to leav the smoker for
Miss May Graham, who has been
visiting in Alliance, is leaving for
Washington, D. C, the last of the
month to resume her position in the
Loan and Currency department of the
United States Treasury.
Mr. Buckley, of Newberry Hard
ware Co., went to Denver on a busi
ness trip last week.
URBAN ZEDIKER DRAWS
FROM CliE TO SEVEN TEARS
L'rban R. Zediker, Alliance man who
was convicted in district court last
week on a rharpe of grand larceny,
the theft of diamonds valued at ?200
from the home of A. G. Isaacson, was
sentenced at 4 p. m. Saturday after
noon by District Judge W. II. West
over to a penitentiary term of from
one to seven years, and to pay the
costs of the prosecution.
Zediker will not be taken to the
penitentiary until after the holidays,
members of his family requesting that
he be held in the county jail here
until the first of the year, it is re
ported.
cicv.biun, niicu inu win uc uiudcii iui
four years, and three for two years.
The council has authority to levy
taxes, issue bonds, pass ordinances,
fix the amount of taxes and salaries,
and approve all new offices.
The city manager is chosen by the
city council, preferably for an indefi
nite period, during good behavior, as
it were. His salary is fixed by the
council. He may be selected from
anywhere in the United States, the
only restriction being that the coun
cil may not choose one of its mem
bers. The city manager appoints all
. . 1 e . l . : . . .1 .
budget, carries out the will of the
council and the voters.
Manager May be Permanent.
The council is under popular con
trol. If a councilman proves unsat
isfactory, he may be recalled, a spe
cial election for the purpose of vot
ing on any council being mandatory
upon the filing of a petition contain
ing the names of 25 per cent of the
city's voters, at which the councilman
will stand for re-election.
The law also provides both initia
tive and referendum. On petition of
10 per cent of the voters, any ordi
nance passed by the council will stand
suspended, and on petition of 25 per
cent of the voters, the council must
fear someone else would. At last,
when his fears and suspicions had be
come a certainty, he arose and beat a
precipitate retreat, and when the train
reached Bridgeport, he decamped,
leaving at least a hundred dollars'
worth of booze. The car conductor
took the suitcase in charge temporar
ily, and it was turned over to Spe
cial Agent Smith on its arrival in
Alliance.
until they reach twenty-one years of
age, with the consent of their parents
or guardian. Heretofore, three-year
enlistments have been permitted, but
the navy has evidently been recruited
up to nearly the desired peace time
strength. Reinlistments may still be
made for periods of two, three and
four years, and extensions are author
ized as heretofore.
The annual meeting of the stock
holders of the Alliance Tacking com
pany will be held at the armory at
10 a. m.t January 3, 1921, for the pur
pose of electing directors and trans
acting any other business. It is ex
pected thnt among tho things of in
terest that will come up at the moot
ing will be the question of the re
moval of the plant to Scottsbluff. It
is known that one of the promoters is
in favor of the move and that he has
some strong supporters among the
stockholders. It i3 problematical
whether such a course can be taken,
but it Is due to be discussed, anyway,
a number of stockholders in Box Butte
county having became worried over
such a prospect.
M!SS!N9 MAIL SACK IS
rco AT raiNGFORD
A Burlington fireman Sunday dis
covered the mail sack which, by its
mysterious disappearance a week or
two ago, gave rise to rumors that
train No. 41 had been held up and
robbed. The padlock and other metal
parts of the sack, and some eighty
burned letters were discovered a
hori distance east of the Burlington
depot. Advices reaching here do not
give details of the findmcr, but appar
ently there is no belief that the sack
had been stolen, but that it was
thrown in an out-of-the-way place,
probably near Fome bonfire. There
was but one registered package in
the sack, and this was of trifling,
value.
Special ' Agent T. J. Smith and a
postoffice inspector went to neming
ford Monday and secured the letters.
Another summer has worn past for
the man who works at nothing and
bores himself.
Chemists are now exploiting a new
liquid fuel. But this one is made from
petroleum and lignite and one does
not drink It
