NEBRASKA IH BRIEF
I M 1 n "-Mi ij A 1 "... ..I
NEWS NOTES OF INTEREST FROM
VARIOUS SECTION8.
ALL SUBJECTS TOUGHED UPON
Religious, Social, Agricultural, Pollt
leal and Other Matters Given
Due Consideration.
tit
r
4.
Tho Ainorlcnn Surety company haa
Hied a petition In fcdoral court asking
for an Injunction against tho Btato
bonding board to prevent It making
rates surety companies chargo In Nebraska.
Timothy Greene, aged C3 years, a
farmer living nt tho edgo or Sownrd,
dropped dead or heart dlscaso whllo
'.ceding tho stock at his barn. Ho
had Hvort thero twenty-flvo years and
leaves a widow and a son nnd dnugh
tor both or whom nro married.
Mr. nnd Mrs. J. D. Hunted or Dor
chester celebrated tholr firtloth wed
ding anniversary at tholr homo horo.
Tho golden wedding ceremony was
rend by tho Rov. C. L. Myers or tho
MothodlBt Episcopal church, the pas
tor or tho brldo and groom. Artor
congratulations tho guosta prcsontqd
to Mr. nnd Mrs. Hunter numerous
gold presents.
Walter Bergor, tho 18-year-old
fnrmor lad who Is In Jail In Crawrord
In connection with tho attempted
-wrecking or tho Darlington train near
that placo, according to officials, has
conresscd. Ho now tolls tho ofllcors
thnt ho nlono did all tho work or pil
ing rails on tho trnck which might
liavo put tho heavy Burlington train
Into tho ditch.
George Moycrs, a former resident or
Beatrice was killed at Palmor, Kas.,
-where ho hts been employed tho Inst
few weeks with a threshing outfit.
Tho members of tho crew with whom
Moyors was working had finished
threshing at n farm In tho Palmer
vicinity and woro on their way to an
other farm when tho accident oc
curred. Tho police department of Grand Isl
and is making diligent effort to ascer
tain tho identity or a man, woman and
child who passed through that city
In an nutomobllo, presumably from tho
eastern part of tho stato and bound
for Kearney. When tho machlno ap
proached tho canning factory it ran
into nnd killed a horse. Tho auto
moblllsts put on speed and disappear
ed In a cloud of dust
Mrs. John Singleton of North Platto
has received a pockctbook containing
?.'t5 in money from tho matron of tho
Union dopot at Omaha. A year ago
sho found this pocketboqk in tho
Union depot and turned It over to tho
matron of tho dopot and was nd
vised that if tho owner wns not found
within a year it wpuld bo returned
to tho finder. Tho owner was not
found nnd tho matron kept her word.
Civil service examinations will bo
hold at North Platte on tho 25th and
2Cth of this month to secure ollglbles
for nppolntmont of a translator In tho
United States patent ofllco aixl In
spector or electric light plante. These
will bo tho first civil service exami
nations held In North Platto, a recent
order having placed North Platto on
tho list or places' for holding of civil
scrvlco examinations.
Railroad nttornoys appeared beforo
tho railway commission and asked
that tho hearing of proposed classifi
cation of freight rates bo postponed
until after tho federal court has heard
nud passed on tho ovldonco In tho
cases now on , lllo thoro. It was
argued by tho attorneys that tho rates
In effect in 1907 nnd filed with tho
commission woro not compensatory
nnd that tho rates proposed by tho
commission are not compensatory.
Tho stato fair management has ar
ranged for a series of lectures to bo
delivered during tho fair which it is
believed will bo of interest nnd ben
efit to tho rnrmors of tho state. Tues
day, during tho rnlr week, 1). F. Kings
ley will deliver a lecture on draft
horses. E. W. Hunt will lecture on tho
conservation or tho natural resources
on Wednesday and Prof. O. G. Holden
will loqturo on Thursday to tho farm
ers. Tho board of directors of tho 'state
Odd Fellows' homo met in Fremont
and voted to erect a $50,000 two-story
brick building at York. It will bo a
thoroughly modern Btructuro with all
conveniences nnd havo accommoda
tions for fifty inmatos. Judgo Loomls,
-who Is chairman of tho board, was
directed to havo plans and specifica
tions prepared and bids submitted
which will, como beforo tho grand
lodge nt tho October meeting.
Henry Seymour, secretary to tho
Stato Board of Equalization, has writ
ten letters to a number or county
nsscssors regarding tho bank stock
listed on a number of abstracts of as.
sessment. Gngo county last year re
turned bank stock, both stato and na
tional, at an assessed valuation of
$12,000 and this year bank .stock was
reported at an assessed-Yaluo of $151.
Mr. Seymour reels satisfied that a
mistake has been mado by the as
sessor. Prcsldont William H. Tnft will visit
Omaha Monday, Soptember 20, arriv
ing at 4:30 in tho afternoon and re
maining until 11 o'clock that" evening
This word camo to Omaha in tele
grams from Sonatora Burkott and
Brown.
Stephon Starling, s for thirty yenrs
a resident of Gngo county, was found
dead nt tho homo of G. H. Kolloy
' whoro ho had been living. A coro
ner's inquest was hold mid tho Jury
returned a verdict thnt fienth was
duo to natural causes. Mr. Starlln?
wnH 51 years old and leaves a widow
la tho hospital at Lincoln.
HAVE attempted to
vary theso stories
or o 1 r cumstantlnl
ov 1 d o n c o," a a 1 d
Judgo Sturgls at
the weekly meeting
or tho CaU Skin
club, "by putting in
my little contribu
tion to this sym
posium in tho style or fiction. Tho
facts, howover, are drawn rrom my
own oxperlencc. As It is my first at
tempt at anything outsldo tho paths
of legal lltcraturo I cravo tho indul
gence -of you all. With your permis
sion I will rend my story." Tho Judgo
then road tho following nnrrattvo In
a manner that showed ho had not,
during his yenrs on tho bench, forgot
ten his early skill beforo a Jury.
Jim Dlsmukos snt in muto reslgna
tlon nud stared into tho rnco of tho
Judgo: that storn yet sometimes kind
ly old fnco that meant so much to
Jim. Ho wondered In his simple way
why thoro should bo so much of
troublo and bo much or solemnity
about so unimportant a member or
tho community as hlmseir. Ho won
dorcd more than all why that torrlble,
unknown thing called tho law had
seen fit to drag him rrom his little log
homo and keep him through those
long months shut up behind tho
barred windows or tho modest county
Jnll while, oxcept for tho doubtful at
lentlon of "Bill," his half-grown boy,
the llttlo ten-ncro patch might bo
growing up in ragweed and cockle
bur.
Or course Jim know that one dark
nnd forbidding night a travclor tramp
Ing homownrd along tho llttlo fre
quented hlghwny that' ran Into the
timber Just beyond his placo bad
stumbled over tho body of young Ar
thur Ballard. Jim know people said
Ballard had been murdorod. Ho knew
when ho went witli tho crowd to look
at. tho body by the dim, early morn
ing light, ho bad seen that reeking,
horrible gunshot wound In his breast,
nnd ho bad trembled nnd grown pale.
Ho know ho was charged with firing
tho sholthat mudo that wound. And
Jim also know, deep down In his own
heart, whether -or not this chnrgo was
true. Jim know, and this knowledge
it wns now tho duty of a Judge, twelve
men and a stnto's attorney to drag
forth. -
As Jim snt beforo thoso terrible
Inquisitors nud watched tho changing
play upon tho countennnco of tho
Judgo a tow-headed, stubby-nosed
baby "slid from his mothor'B lnpnego
tlnted the distance to Jim upon all
fours, and begun tho perilous ascent
or his long and awkward legs. Jim
bent over and patted the little head,
but Sally Ann grnbbod tho child to
her lap again with tho whispered In
junction: "There now, Buddy mustn't botherd
pappy. Pappy's busy."
"Pappy" was Indeed busy.
Tho last man or tho panel had Just
been accepted by both slde3.
"I wish 1 had 11 moro just Hko
him," thought Clay Shoppnrd, tho
young and ambitious state's attorney,
as ho passed tho veniremen ovor to
tho defense.
"I can trust him at least to glvo
Jim a square deal," thought old Tom
Robinson who hnd . volunteered to
savo Jim, if possible, simply because
ho couldn't help doing kind deeds
any moro than ho could help living.
. Tho twelfth man truly was an
Ideal Juryman. In a small commu
nity tho questioning of a vonlremnn
is largely a matter of form. Either
tho state or tho dofonso can tell long
beforo tho trial by looking over the
list of veniremen what men they would
like to have on the Jury. Amos Watson
was ono of thoso who would havo
been picked in ndvanco byjjolh sides.
A farmer of expansive acTes, which
lay In tho high priced prnlrlo beyond
tho timber of which Jim's placo was
a clearing, he was Identified with nil
that was progressive In tho commu
nity, llo wns a deacon In tho church,
a director In tho bank, nn ofllcer In
tho county fair association, and, In
fact, held most of thoso honors which,
beyond tho city, nro the capstones of
success. Ho was Indeed an Ideal Jury
man. In tho city ho would lfnvo been
challenged for cause, for, with all
tho rest of his good qualities, he wns
Intolllgont.-
The attorney for tho stato then
nroso for bis opening. An ho de
scribed with tho minutest detail Jim's
movements upon the fatal night, Jim
writhed and would havo given all tho
world, yes, oven his precious ten
acres, to have escaped tho stares that
seemed to burn Into tho bnck of his
wrinkled neck. At tho same tlmo ho
vaguely wondered how tho stato's at
torney knew things about him that
he didn't know hlnisolf.
Then old Tom Robinson brought
tenrs to Jim's oyos ns ho referred cas
ually to Jim's "dovotod wlfo, bis hon
est faced boy, soon to grow Into man
hood nnd tho llttlo Innocent babothat
prattled at Its father's knee." Oldor
and sterner eyes than Jlin'B would bo
bathed In tears when Old Tom Rob. ,
Inson roturncd to tills motir in his
closing appeal.
And the evldcnco began to nllo up
that sent Jim farther and farther
nwuy from tho llttlo log home and
tho ten acre patch. Circumstantial all
of It, but each link forged nnd pol
ished Into a porfect chain thnt It
would tako a stronger band than
Jim's to break. Thero was tho quar
rel over tho sucking pig that young
Ballard killed whllo driving over tho
big prairio farm In hlu light top buggy
to hit It up with tho boys In town.
Thero was tho story of Jim'a way
laying him, as with a companion, ho
dashed back again lato in tho night,
and much tho worso for his evening's
"fun," of Jim's catching his, horse's
bridlo and demanding payment for
the worthless runt; and then of tho
cruel, stinging back-handed cut
across tho faco with Ballard's buggy
whip and Jim's sullen throat "to git
oven with the damned stuck-up of ho
had to fill him full of buckshot."
And thoro wbb tho evidence of Bnl
lard'B orton wnlklng homo past Jim's
house and through tho timber, when,
with tho opon-lieartedncsfl that, was
ono of his many weaknesses, ho had
loaned tho marc nnd buggy to some
ono or his cherished town compan
ions; of tho finding or tho body just
beyond tho Dlsmukes fenco corner;
yes, oven tho ninrks of feet that Jim's
boots fitted so exactly.
Thon tho state's attornoy sprung
tho star witness, n mute ono but with
u story so plain that duller Jurymen
than theso 12- could have read It
from afnr. It was but a circular bit
of newspapor probod by tho doctor
from the wound In Arthur Ballard's
breast. Alone It meant nothing.
Fitted Into tho nowspnper found un
der tho Dlsmukes family bed, with
every Indonturo Interlacing with a
nicety that could never havo boon ac
cidental, It was as damning ns tho
warrant of death Itself, Then there
wns tho muzzlo loading shotgun be
hind tho door, freshly fired, according
to tho firm opinion of well qualified
exports in tho person of locnl sports
men and tho vlllago gunsmith.
What had Jim Dlsmukos to offer to
all this crushing weight of ovldonco?
What mattered it though ho declared
In an uggrloved tono to tho Judgo,
whom ho persisted In addressing in
stead of tho Jury:
"Jedgo, I found thnt paper tho
mornln I wont to look nt tho corpse
I fetched It homo fer Bill's jest learn
In' f read an' I thought ns how ho
mought spoil out somo o' the iiowb
V mo nn' his ma. I Jest shoved It
under tho bed nn' forgot nil about
It. Ab for shootln' tho gun, I reckon
that part's kerrcct. I shot hor ena
moBt ovory day, an' wo hod rabbit
tbot ovonln' by roason of mo shootln'
it. But I ain't never kilt nothln' but
critters an' varmints 'Ith thot gun.
Honest, I nln't Jedico."
Or what avail weh tho ovldonco or
young Bill that on tho night in ques
tion his rather had not loft tho houao
hut had sat up nearly all tho night
blowing tobacco eiuoko into young
Bill's car for .tho ear ache. But then
what match was young Bill for nn ns
tuto nnd nmbltlouB stato's attornoy.
It might hnvo been somo other night
that young Bill hud tho ear ache.
Ho had it ninny times, nnd Young Bill
wasn't very strong on tho calendar,
anyway. Tho ovldonco of Sally Ann
might hnvo corroborated that of her
first born, but a wlso and benqflcont
lnw holds such evidence prejudicial
to tho minds of Jurymen, nnd a wlfo
cannot come to her husband's aid In
such n dlro oxtromlty.
Tho usual chnracter witnesses, the
last ditch or a toltorlng cause, put In
the usual ovldonco that Jim Dls
mukes hnd always homo a good rep
utation In his neighborhood for
pcucoablcnesB and quiet, und this ovl
donco was' duly torn to pieces under
tho cross fire of tho prosecution.
When tho urgumcnts camo at last
Jim again sank down as far ns pos
sible In his enno-bottomed chair and
stared In wonder nnd ndmlratlon at
tho ambitious young Btnto's attornoy
as he writhed nnd perspired In a burst
of oratory that painted Jim Dlsmukes
n terrible, blood-sucking monster go
ing up nnd down tho earth seeking
whom ho might devour; as ho throw
bnck his long black hair and ralsod
his trembling hands to tho cracked
colling and called down tho ven
geance of high honven upon tho foul
mnrdoror of Arthur Ballard.
Jim wondered If God could seo tho
stato's attornoy through the cracks
In tho plaster. Sally Ann hugged Bud-,
dy to her breast and wept softly. Old
Tom Robinson hopod tho Jury saw
hor.
And thon ovorybody wept whon old
Tom roso and got his foot on tho soft
pedal. Even tho judgo burled his
head In tho record boforo him
nnd blow his nose tunefully, The
state's attorney began to wondor If
being tho storn nvongor of nn out
raged luw was such an honor, aftor
nll.-
.11 in listened Intontly to tho judgo's
instructions, but could mako nolthor
hend nor tall of them. Something
about mallets, ho thought, but ho
couldn't romomber anything about
mullets, nnd ho had understood nil
along It was a shotgun. But tho Judgo
know better than ho did, perhaps.
When tho Jury filed off Into tho
Jlttlo, room back of tho Judgo'n ros
"trutn, tho tenslou broke and tho court
room hummed Hko a hlvo of been.
Above tho hum could bo heard tho
scratch, scratch, scratch of tho
Judge's pen as ho wroto up tho chancery
record. "
Jim felt Hko a shipwrecked sailor
who had a breathing, spell In his light
for life during n lull In tho storm. Ho
plnycd with tho crowing and Btronu
nun Buddy and whou ho thought no
body was looking seized nnd prossed
Sally Ann's work-worn hnnd.
"Kt's all right, Sally," ho whispered.
"Mr, Robinson, ho fetched 'em, I
reckon."
Tho minutes dragged Into hours,
and tho Jury bad not returned. Tho
Judgo fidgeted nnd finally sent n bailiff
to lnqutro ir tho Jury wished nny for
thor explanation or tho lnw. As tho
shadows through tho small paned win
down lengthened into evening tho
word ovmq thnt tho 12 wero in hope
less disagreement. Something nt tho
Judgo's waistband reminded him thnt
his suppor wns gottlng cold nnd ho
ordered tho Jury In. Tho whisper
went round thnt thoy stood 11 for
conviction nnd ono for acquittal.
Only montnl tolopathy can explain
how nows like this flics through n
crowded court room.
Tho judgo was angry. Ho hnd
two powerful motives for nngor, his
spoiled and sodden suppor and tho
doublo cost to tho county In another
trlnl. He mentioned only ono or those,
howevor, in his scathing robiiko to
the 12 mon that stood before him. Ho
reminded them that they had failed
In their sworn duty nnd woro un
worthy lo bear tho nanio of citizen.
Then stood forth Amos Watson, tho
ldoal Juryman.
"Mny I hnvo tho permission of tho
court to sny n few words," ift be
gan. "Elovcn mon on thin Jury aro
not deserving of this robuko. One
man deserves It all and moro. 1 am
thnt man. 1 havo hold out In this
case for ncqulttnl nud ns my follow
jurymen labored with mo to bring mn
to tholr way of thinking I hnvo fought
nut u battle with myself nud my
maker, It has been u fight that hub
extonded beyond this court room back
hIx months to tho tlmo of tho death
of young Arthur Ballard. It has boon'
with mo waking nnd sleeping. " But
now, thnnk (Jod, I havo won tho vic
tory and 1 um ready to toll this court
why I could not consent, to tho con
viction of Jim Dlsmukes for murder.
It 1b only becnuso ho Is Innncont, I
killed Arthur Ballard'"
Thero was a hus, and thon a m ir
niur and thou n roar which It took
tho combined rapilngs or tho sheriff
and all his deputh-a to quell.
"Go on, Mr. Watson, toll what you
have to toll," stonily coninndcd the
Judge, ns tho "ldoal Juryman" stood
nnd mopped his brow.
"Yes, Judge, I will toll it nil, 1
killed Uallatd. I waited for him In
tho bushes by tho sldo or tho road
whoro 1 know ho would pass, nnd 1
shot 111 in down. So certnln did I seek
to mnko good my work that when I
recalled that my shotgun had been
loaded for some time. I drew tho load
as I waited and put In a Trcsh one,'
wadding It with a plcco or nowspnpor.
Tho rest of tho newspaper I throw
Into tho" bushes, and Jim told tho
truth when ho snld ho found It thoro.
It Is truo thnt Jim's boots fitted la
tho tracks, and I wonder thnt Tom
Robinson did not Inquire whoro Jim
got his boots. Well. I gavo them to
him."
"WJien Jim was arrested I wanted
to tell, hut I could not. I put tho
torrlblo truth off from day to dny.
Always tomorrow I wns going to lift
tho weight from my mind, but I look,
cd at my position in tho community,
nt my family and nt all tho things
thnt mean so much to a man and I
could not.
"When I found myself drawn on
tho Jury tho dovll tempted mo to ac
cept nnd Becuro Jim's tTCqulttnl. Thon
ho would bo free and no ono Mfould
over know. But the ovldonco was bo
strong that my arguments woro
wenk ngalnBt my follow Jurymen. I
know then thnt tho truth had to como
out. 1 know that nnnlher Jury would
hang Jim. And then, -thank God, tho
victory was glvon to mo nnd If you
know tho load of reniorso and ngony
tbut the tolling has lifted from my
shouldciB you would not wondor at
my coolness."
"But, Mr. Watson, you had a mo
tive, a strong motlvo?" queried tho
Judge.
"Yes, Judgo, I had a motlvo, n
strong motlvoi You have a daughter,
judge. So huvo I. , You would not
want lo hco your daughter's namo
drugged In tho mire of a cubo Hko
this. Nolthor do I. But I had a
strong motlvo."
"James Dlsmukes Is discharged
from tho bar of this court, and tho
court regrets the Injustice thnt has
bCuii put upon him. Tho shorlff will
tako Amos Watson Into custody.
I'm Borry tor you Amos. I'm glad
for you, Jim," said tho Judge, hnstlly.
"I know Mr. Robinson would fotch
'oni," cried Jim Dlsmukos, loyal to
tho last as ho lifted Buddy In his big
strong hands and kissed tho dirty,
chubb faco.
It would not bo becoming in tho
author of thouo narratives to mention
tin reception nccordod by tho Calf
Skin club to Judge Sturgls' story.
"And woro you tho judgo?" quer
ied hair a dozon momborH In unison.
"No, gentlemen," answered Judgo
Sturgls. "I wns tho ambitious young
stato's attorney."
(Copyilght, 1W0, by W. G. Chapiniiti;)
