Hid
Official Paper of Box Butte County
TWICE A WEEK TUESDAY AND FRIDAY
Official Taper of the City of Alliance
VOLUME XXVIII.
ALLIANCE, DOX BUTTE COUNTY, NEBRASKA, FRIDAY, JANUARY 21, 1921
NO. 15
OSCAR O'BANNON
FINDS DEATH AT
END ONOY RIDE
INSTANTLY KILLED IN AUTO
MOBILE COLLISION
CAR TURNED COMPLETELY OVER
Neck and Collarbone Broken When
Auto lie Was Driving Turned
i Oyer After Striking
' , , Roy Aspen's Car
Oscar O'Bannon ia dead, his neck and
collarbone having been broken when
the heavy Steams-Knight touring car
he was driving turned completely over
following a collision with the Chevrolet
f Roy Aspen about 11 p. m. Wednes
day. He is believed to have died in
stantly. Other occupants of the O'Bannon
care were: Tom Beal, well-known
farmer living near Alliance, who was
badly cut and bruised about the head
and eyes; Whitney H. Terrell of Wi
baux, Mont, whose right shoulder was
dislocated, and Wade Grassman, nine
teen years of age, and Richard Kniest,
twenty-two. The two youths were not
injured beyond a few bruises and a
bad shaking up.
Roy Aspen, driver of the car which
was run into by O'Bannon, was badly
cut about the face and head, and sus
tained severe bruises on his arms and
legs. He was attended by Dr. George
J. Hand.
The accident took place at the inter
section of Tenth street and the Chad
ron road. O'Bannon was driving
south on the Chadron road at a furi
ous rate of speed, estimated at fully
forty miles an hour. Aspen was going
east on Tenth street, on his way home.
He did not see the headlights of the
O'Bannon car until they were sixty
feet away, and he had already started
to turn north onto the road down
which the other car was coming. He
had ro time to prepare ' himself, but
crowded over to the east side of the
road. The other car struck the one he
was driving at the rear left fender and
wheel, tearing them from the car and
turning it completely around, throw
ing him out. His injuries were sus
tained by being thrown through the
side curtains. The curtains on both
cars were up, and the drivers could
see the road but imperfectly.
The O'Bannon car plunged forward,
the shock of the collision causing it
to turn completely over. Some of the
witnesses think it turned over twice.
Young Kniest was thrown lear of the
car, a distance of some fifteen feet.
Kniest had a most fortunate escape,
for despite the distance he was thrown,
he did not even lose his glasses. He
was dazed by the shock, but recovered
after a minute or two and went over
to the wrecked car. He lifted the
top, which had been crushed, and
young Grassman came out. They could
hear Tom Beal moaning, they said, but
Oscar O'Bannon did not reply when
they called to him. Thinking he might
be stunned, the two of them ran into
the city for assistance.
The boys located Jay Walker and
DeLoss Barber at the First State
bank, and, after getting hold of Dr.
L. W. Bowman, they returned to the
scene of the accident. Dr. Bowman
pronounced Mr. O'Bannon dead, and
found that Tom Beal was seriously in
jured. They returned to Alliance, leav
ing young Kniest and Roy Aspen, who
had recovered consciousness, to watch
the WTeck.
A bottle of Scotch whisky, practic
ally empty, bearing a London trade
mark, was found near the car. Young
Kniest suggested to Aspen that he
thrown it away before they were dis
covered, but Aspen turned it over to
Dr. Bowman. A second bottle was
found by County Attorney Basye, who
arrived at the scene of the accident a
few minutes later, as did Dr. C. E.
Slagle. Tom Beal was removed to his
home, where Dr. Slagle attended him,
and the body of Oscar O'Bannon was
taken to the Miller undertaking rooms.
County Attorney Basye immediately
took steps to investigate the matter,
Bending Sheriff J. W. Miller with sub
poenas for Wade Grassman and Rich
ard Kniest The sheriff made a fort
unate capture by locating W. H. Ter
rell In a downtown drug store. These
men were questioned, and the follow
ing are the circumstances attending
the accident, as they told them.
O'Bannon, accompanied by Whitnej
H. Terrell of Wibaux, Mont, had been
together during the evening, and both
had been drinking. They had stopped
at the O'Bannon home earlier in the
evening and had finished half a quart
of whisky. They then took supper at a
' downtown restaurant after which they
put in the rest of the evening, until
the accident, riding in and around the
city in the O'Bannon car, calling
THE WEATHER
Fair tonight and probably Saturday.
Slightly colder tonight extreme east
portion. Rising temperature Saturday.
friends from the street and taking
them for short rides to offer them a
drink.
About 10:30, the two men, accom
panied by Tom Beal, met Wade Grass
man, nineteen years of age, and Rich
ard Kniest, twenty-two, and invited
them for a ride. The invitation was
accepted. The five men went down to
the Alliance hotel, where Mr. O'Ban
non ran his car up over the curbing,
to invite another man to accompany
them. Then they turned around and
drove the car upon the walk in front
of the Annex. Here Chief of Police
Jeffers and Night Watch Stilwell in
tercepted them. Chief Jeffers stepped
to the car and spoke with O'Bannon,
who said that everything was all right,
and immediately drove down the street
at a rapid rate.
Grassman, Beal and Kniest were Bit
ting in the back seat of the automo
bile, and O'Bannon and Terrell occu
pied the front seats. There was
whisky in the car, and the bottle was
passed around two or three times,
O'Bannon at one time stopping the car
for this purpose. They had driven out
past the fair grounds, after leaving
the Alliance hotel, and from there
went out to Mr. O'Bannon 'a farm, oc
cupied by Fred Vogel, but no one was
at homev They then turned around
and were on their way back to the city
when the accident happened.
EKLUND WINS
CHAMPIONSHIP
MAT MATCH
DOWNS ALLIANCE GRAPPLER
AFTER LONG BATTLE
One Flour and Forty-six Minutes Re-
quired to Pin Mortenson's
.. . Shoulder to Mat. ' j; t
Clarence Eklund of Sheridan, Wyo.,
light heavyweight champion wrestler
of the world, successfully defended his
title Tuesday evening at the roof gar
den before the largest crowd that ever
assembled for an indoor athletic event
in Alliance. Paid admissions amounted
to well over a thousand dollars, and
spectators were present from most of
the cities and towns in western Ne
braska, many of whom were suffici
ently interested to place bets on one
or the other of the men.
The match was conducted under
Police Gazette rules, which provide
that if there is no fall after an hour
and a half of wrestling, one fall shall
decide. Eklund was the winner of the
only fall of the evening, which came
after one hour and forty-six minutes
of strenuous wrestling. The grapplers
were fairly evenly matched as to
weight, but the Sheridan man had the
advantage of a longe rexperience with
the game. The Alliance man, known
as the "Terrible Dane," rushed his op
ponent fully half the time and put
up a good battle. Mortensen's favorite
was the toe hold.
The match was won when Eklund
got an arm scissors hold which the
Alliance man wa3 unable to break, al
though he had got away from several
others during the evening.
The Alliance man was clearly the
favorite during the engagement and
many of the local fans placed bets
upon him to win. The fans are now
clamoring for a return match, and it
is possible that one will be arranged.
Eklund, being the champion, made his
own terms, a guarantee of $500 being
posted before he would accept the
challenge. Two Alliance business men
put up the guarantee.
Mortensen came to Alliance a few
months ago, and has been training for
the past few weeks with George
Barnes of Houston, Tex,, who recently
wrestled the champion an hour and
twenty minutes. Mortensen is a clean
wrestler, with considerable science and
prodigious strength, and has done
more to bring the mat game back into
favor in Alliance than any other man.
Following the match, Eklund com
plimented Mortensen highly and said,
among other things, that he .was
stronger in the arms than any other
man he had ever gone to the mat with.
Mortensen proved a good loser, and
speaks very highly of the man who
defeated him.
Russell E. Jones, eighteen-year-old
deserter from Fort Robinson, was
taken here Monday night A Crawford
officer arrived on No. 44 Tuesday
morning and returned with the pris
oner on No. 43 the same day.
Mrs. J. M. Baskins returned from
Denver Monday where she has been
visiting the last three weeks.
PETITION BEING
PASSED ASKING
FOR GRAND JURY
PRACTICALLY NO ONE REFUSES
TO PUT DOWN NAME
District Judge Westover Will Be
Asked to Lend His Aid
Curbing Lawlessness
to
A petition was being circulated in
the business district of Alliance yes
terday and today, requesting District
Judge W .II. Westover to call a grand
jury session as soon as possible. The
petition set forth that there has been
a considerable amount of lawbreaking
in this city, and that the signers be
lieve that it is the best way to usher
in an era of law enforcement The
petition was signed by practically
every man to whom it was presented,
and there is little doubt but that a ma
jority of the citizens of Alliance are in
favor of the move.
A grand jury has been talked of
spasmodically for the past six months,
ever since bootlegging, gambling and
disregard of law in other ways has be
come a public outrage. The McElhaney
murder trial aroused public sentiment
to fever heat, and the morning follow
ing the tragic death of Oscar C Ban
non, the petition was presented.
It is possible that Judge Westover
will not be in shape to call a grand
jury session immediately. The law
provides that a grand jury shall be
impaneled in each judicial district
during the first term of every year,
unless the judge shall, in writing is
sue a stop order. The first term for
1921 has just been concluded, and not
less than three weeks ago, Judge
Westover issued a stop order.
There is always some opposition to
the calling of a grand jury. Those
who have been guilty of law violations
are seldom in favor of such a proce
dure,' and there are others who be
lieve that the results do not justify
the expense. ..The last ; Box Butte
county: grand jury more than paid its
way, however, for it cost the taxpay
ers of Box Butte county only $2,000,
and the fines assessed amounted to at
least $3,000. In. addition4.,t this, the
city was pretty well cleaned up, a
number of gamblers and bootleggers
n . k- t-i
taking to the tall timber a couple of
days before the jury was in session
Very few of these have ever returned.
' A grand jury is a particularly
potent method of dealing with offend
ers, for it sits behind closed doors,
and the man with a guilty conscience
gets worried when he is unable to find
what is taking place. A grand jury
can call any citizen as a witness, and
the usual rules of evidence do not
apply.
Under the law, a session of the
grand jury can be called for any regu
lar term of court by the district judge.
The next regular term of court in Box
Butte county is-set for June. This
will be the time for such a session,
unless Judge Westover is able to ar
range his calendar that he will be able
to call a special session sooner. The
law does not provide for a grand jury
at a special term of court, but it is
believed that this may be done if the
circumstances warrant
ANGORA BANDIT
TAKEN WHEN HE
GETS OFF TRAIN
Man Who Robbed Slore Wednesday
Evening Is Now Safe Behind
the Iron Bars
A young man giving his name as
Jack Camery was arrested about 11:30
a. m., Thursday, following a thrilling
chase by Officer Stilwell. Camery har
just got off the Denver train and was
followed at a discreet distance by W.
M. Thompson of Angora, who . asked
bystanders where he could get hold of
a policeman. Stilwell was a few feet
away, and Thompson informed him
that the man had broken into the An
gora Mercantile company store on
Wednesday night and had made way
with $11 in cash, a sheepskin overcoat,
mittens, .overshoes and other articles.
When Camery, who was couth of
the station, saw Stilwell and Thomson
approaching, he broke into a run.
The officer gave chase. Over by the
Newberry warehouse, the cop fired his
pistol, which served only to increase
the 'speed of the fugitive. The chase
continued out to the old slaughter
house, when Off'cer Stilwell decided
that he would shoot in earnest The
fugitive caught the note of ire in the
command to halt, and immediately put
up his hands.
SPUD EXCHANGE
WANTS FREIGHT
RATESEQUALIZED
HANDICAPPED IN COMPETITION
WITH MINNESOTA
Matter Has Been Taken Up With
Interstate Commerce Commis
sion and the Railroads
The Nebraska Fotato Growers' Co
operative exchange, with headquarters
at Alliance, ia making an effort to
have interstate freight rates equalized
with Minnesota. Officers of the ex
change have taken the matter up with
the interstate commerce commission
and the general freight agent of the
Burlington. They received word from
the latter Wednesday morning that he
would investigate the matter with a
view to supporting their contentions.
Competition is beginning to be
fairly keen with Minnesota since the
potato exchange began operations. At
the opening of the season, Nebraska
had the advantage, because the Min
nesota spuds were quoted at higher
prices. Grading in that state is more
strict, however, and in Nebraska the
rules have varied somewhat, depend
ing upon the inspector who did the
work. Nebraska potatoes have been
steadily making a name for them
selves, and the exchange has found a
ready market for all they could se
cure, and of late the competition has
grown so keen that the Minnesota
grower? are selling at prices no bet
ter than those received by Nebraska
shippers. This is due, in good part,
to the efforts of the Nebraska ex
change to stiffen up the grading re
quirements, as well as to the fact that
Nebraska spuds are as good as any
grown in the United States.
With prices on Minnesota and Ne
braska potatoes at the same level, and
with spuds from the two' states recog
nized as about equal quality, the mat
ter of discriminatory freight rates as
sumes considerable : proportions. "At
Pr? I.V Minnesota has the advantage
tn shipments "to Iowa,' "Illinois, Mis
souri, Kansas and southern and south
western states, all of which is Just
as logical markets for Nebraska as
for Minnesota.
n a few instance'
the distance from Minnesota shipping
, t .
joints is less, but on the whole, Ne-
. . , . . . i . i
braska is just as close as the other .
taate I
ine potato exenange expects 10 so
increase its business that it will be
able to supply points in these states,
and in order for the competition to
be real and fair, the rates must be
equalized. They expect to carry the
fight to the interstate commerce com
mission, and exert every effort to get
an early decision, provided the rail
roads do not make the concessions de
sired. The exchange has been hampered
considerably in its work of handling
the spud crop, not alone because it
does not have all the growers in the
state on its list of members, but be
cause there has been no active man
ager on the ground. Several times
during the first of the year, orders
have had to be turned down because
there was no one on hand to urge the
growers to load shipments. This dif
ficulty will be overcome by having a
representative of the exchange at
every loading station in the state.
These representatives will be furnished
with wire reports from the principal
markets of the country, and growers
will have a better opportunity than
ever to realize all possible profits from
their shipments. Several men have
already been hired and are now at the
principal shipping points in western
Nebraska.
Shortly after the first of the year,
the potato market over the country
took an upward turn, and demand has
been fairly strong, with prices ruling
considerably higher than just before
the holidays. Demand for seed pota
toes has been especially strong, and
some fancy prices have ben procured
for the growers through the exchange,
The past two or three days, the de
mand for table varieties has revived
somewhat, and it is probable that be
fore long, the -market will be in a
fairly normal shape. More potatoes
are being shipped than for over two
months, and while prices are not ar
high as they were earlier in the sea
son, they are still high enough to
bring a fair profit to the growers.
Machinist Helper Kinnear and wife
were called to LaCrosse, Wisconsin, bj
the serious illness of the grandmother
Dave Kinnear of Edgemont came tf
Alliance and went with his brother U
Wisconsin.
Miss Margaret Hamilton returne
last week from Denver where sh
pent two weeks with relatives.
Miss Mable Grassman went
Plattsmouth Thursday night
GEORGE W. DUNCAN ELECTED
viimiiuinii VI vuuiiii uunuui
The Box Butte county commission
ers closed a session Inst Tuesday which
had lasted some eight days. It was
the first meeting of the new board,
and the new member, George W. Car
rell of Hemingford was present The
board organized by fleeting George W.
Duncan as chairman.
Among1 appointments for 1921 were
the following: R. E. Knight was re
appointed highway commissioner; Ifr.
C. E. Slage, county physician; M. Hut
ton, justice of the peace for Dorsey
precinct; T. D. Roberts, justice of the
peace for the 87th district of Box Butte
county. The Alliance Herald and the
Alliance Times were both designated
as official newspapers, and the various
county officers requested to make a
division of official printing between
the two.
January 13 was spent in inspecting
the poor farm. The commissioners are
greatly troubled over the condition of
Peter Haag, who has been an inmate
for the past six years. His mind is
somewhat clouded, and complaint has
been entered by Superintendent Burk
holder. No action has yet been taken.
Mr. Haag was at one time taken be
fore the insanity commission, but has
never been at the state hospital, and
his condition at present is such that
he cannot be removed. He suffers from
the delusion that there are batteries
in everything he cats, smokes, wears
or touches, and is giving the superin
tendent considerable trouble.
ALLIANCE LOSES
FIGHT FOR 1 922
FIREMEN'S MEET
DELEGATES AWARD NEXT CON
VENTION TO NORFOLK
Many Delegates Favor This City and
Plum Will Undoubtedly Be ,
, Secured for 192S
A telegram received by The Herald
yesterday brought the news that Alii-
a nia r a a tf a u' r vAoA f Vi A 1099
. iKa Votroi:1,. ctnfa
. M,.0 oociul;rt .it,,
hi, in viui.ii o minvv I viviif uiwivwu
the AUiance department has put up a
till- iilUIIVV tt-fOt miv 11 v ur msviv
ooJ gcrap for the honoi( am, had gcnt
a large delegation to York, where the
convention has been in
session since
the first of the week. Norfolk was
chosen by the firemen as the place for
the next annual convention, but the
Alliance men received assurances that
this city would undoubtedly be given
the preference for the 1922 meet
The delegates for Norfolk, Fremont,
Columbus and smaller towns along the
way arrived in a special train Tuesday
evening. Norfolk brought with them
a band of forty pieces and Fremont a
seven-piece saxaphone orchestra. The
Fremont organization is known as the
Pathfinders and all came in Indian
costume. Ord is represented with a
band and the Gothenburg joy band is
entertaining the public at all times
and in all places.
Five hundred and fifty delegates,
representing more than a hundred
towns in Nebraska, were present at
the York meeting on the first day, and
the attendance was expected to reach
nearly seven hundred. The Hotel Mc
Cloudjwas headquarters.
Reports from the officers indicated
a very satisiactory growtn, twenty
towns having joined since the last
state meeting.
Lloyd C. Thomas is state publicity
chairman for the association.
OPENING OF FERN GARDEN
TO EE HELD SATURDAY EVE
The Fern Gardencompanion to the
Palm Room, will be held at the Alli
ance hotel Saturday evening, and prac
tically all of Alliance is making plans
to be present for the Initial dance.
The Fern Garden is located in the
north part of the hotel, and has been
newly decorated. A fine maple floor,
which will be the best dance floor in
the city, has been laid, and an orches
tra, directed by "Billy" Ackerman of
Bridgeport, has been engaged.
The present plan Is to give nightly
lances, from 8 o'clock until midnight,
and the orchestra will be on duty all
of the time. A small cover charge will
e made, which will apply to every
uest, and there will be an opportunity
.o purchase dinners. Tables will be
ilaeed at the sides of the room, but
.he room is 25x70 and there will be
imple dancing space. Regular Falm
loom service will be given on the
linners.
W. L, Carroll, who was operated on
for appendicitis December 18, Is mak
ing a slow recovery.
MAVflR RflflRFRQ
ts m W mm mm.
UANIULAItSIU
MANAGER PLAN
WILL MAKE NO FURTHER FIGHT
AGAINST NEW SYSTEM
IS IN FAYORMJORITY RULE
Writes Attorney Mets Saying AH
That Will Be Required Will B
An Opinion Saying That
Election Was Legal
Mayor A. D. Rodgers will not take tr
stand against the city manager form
of government, at least not to the ex
tent of holding up the calling of tha
primary, judging from late indica
tions. The mayor has apparently been
done a great injustice. He has bee
represented as standing out alona
against the new form of government
adopted at the special election January
4, and it has been intimated in fact
he has been quoted that he would
not permit the calling of the primary
election, the first step in putting tha
new plan into effect, until the court
had passed upon the legality of tha
special election.
Monday of this week a full day be
ore the two Alliance newspapers called
upon the mayor to come through the
mayor wrote a letter to City Attorney
Metz. At least, the letter is dated
January 17. In this letter, the mayor
declares that if the city attorney will
give him an opinion that the election
was legal, despite the fact that tha
notice was not published the full thirty
days required by the ordinance calling
the special election, the mayor will
reconvene the canvassing board and
enter upon the minutes of the touncU
a certificate that the election had car
ried. '
The mayor's letter follows: '
"ALLIANCE, Neb., Jan. 18, 192L
W. R. Meti, City Attorney, Dear Sir
You were asked by Mr. . Harry Jotm
son at the canvassing of the election
returns of the recent election, if in. '
your judgment the election was legal.
Your answer was, as I recall it, that
it was not a matter of hours, but
days and maybe weeks to determine
as to its legality.
"The city Times says that you hava
certified that it is legal, or have made
a statement to that effect. If you
(Continued on Page 8) .
OFFICERS FIND WHITE MULE
IN RAID ONLIVERY STABLE
County and city police officers com
bined made a raid on the Brandell liv
ery barn yesterday morning, and ia
one of the buildings on the ground
located two suitcases, containing two
gallons and one pint of white mule.
Chief Jeffers the night before had seen
some men unloading suitcases from an
automobile, and got suspicious.
George Brandell and John Show
lander were placed under arrest and
taken to the county jail. T. J. Smith,
Bulington special agent, remained at
th barn and shortly afterward CecU
Mabie arrived to claim the au.omooii
He was placed under arrest, but asked
permission to leave to see tbout hfs
clothes. Later Sheriff Miller and Chief
- . . , -1
Jeffers apprehended him near the cuy
library, at a time when he was making
tracks for elsewhere at a rapid rate.
In county court he was held for dis
trict court under $250 bonds, on a
charge of illegal transportation of li
quor, and the automobile was held in
lieu of bail.
Showlander and Brandell were re
leased, the first because he was only
an employe, and the lauer uecaua
Mabie testified that he had leased tha
building of Brandell and that the lat
ter knew nothing of the whisky.
Mabie is a horsebuyer, and gave hia
residence as Denver or Grand Island.
He claimed that he did not own tha
booze, but that another fellow had
"given it to him.'
TOM BEAL IS REPORTED
TO BE MAKING RECOVERY
Tom Beal, who was badly injured
about the head in the accident la
which Oscar O'Bannon lost his life, ia
reported by his physician, Dr. C. E.
Slagle, to be recovering. He was ter
ribly bruised about the head with deep
cuts near his eyes, and it was feared
his sight was endangered. There was
a report Thursday afternoon that ha
was at the point of death, but this was
later found to be wrong.
Mrs. Conway, aunt of Mrs. Gorman,
is in Alliance for a few days.
Mr. and Mrs. A. J. Gannon of Eem
lngford were shopping fa AHIanet