'• . , -• ■ • ,y■ ,* jfj o >■ ■ $— Si: /' & v . • .. —ft SUBSCRIPTION, SI.SO PER ANNUM. CLYDE KINO AND D. H. CRONIN, EDITORS AND MANAOENS. O’NEILL, HOLT COUNTY, NEBRASKA, JUNE 27, 1895. NUMBER 51. Ians hi . ost Told As They Are Md to ITs. HOW IT HAPPENED IngB Portrayed For General |tion and Amusement. Lf tire works at Bentley’s. I ever before. |1 to see tlie baloon ascen fcv's on the Fourth. |('avion has returned from I'latives in Illinois. Elmer Williams enter limington club last evening. e uml daughter Helen left for Chicago, where they Itives. | Cordon and Wallace John If liny, were married last Iplnce. ■Mrs. Thomas Tierney are ler the arrival of a little It Friday. Lon today secured license (minty judge to wed Miss Both ot Mars. ftr. and Mrs. Thomas Naugh Jiout six miles north of this imb.iyr a daughter. i and wife and E. S. Kinch bent a couple of days last I for trout in the Big Bandy. leYunnan has just returned |!nck Bird valley where she Isiting relatives for the past [General Barry and Major llie regular army, were in the pdny night and inspected the nbers ball team played the |e on the homo grounds laBt The score was 46 to 6 in Seill. ill ball team will play a si the ball grounds Saturday The Ueury brothers will be for the picked nine. sr stolen, one two-year-old te and red, branded Y H on e red yearling heifer. ke Mui.i.en, O’Neill, Neb. dm is employed as butcher artell, fell and dislocated his br Monday evening. Dr. (uHail and set the shoulder. iree Riggs and children, of " hud been visiting relatives ■ left this morning for Ran re they will visit a few days 1 Mrs. J, H. Riggs. 11 Evans celebrated the pass enth milestone last Monday picnic in the grove south of About seventy-five other ads assisted in celebrating the 18 of lhe Presbyterian church awn social at Mrs. Lowrie’s tening July « Refreshments rve,‘ #nd * general good time '■ Every person has a special j one dark roan por de(i J- L. on left hip at yearling p„ny colt| Owner can have san Property and paying chargt Berry, Paddock. 'fV»u returned last week fro Rnd other Illinc ,art ayfS ^tljraska is far ahei * baj ,,he country this yea ceJanuar;aninCbamlab« alls’ u the by ter ’ morning J ' B dled Jeers. Tt,« f eonsumption, ' a“il the remKneral W‘U OCCUr ,Mt^metery 18 ‘nterred "ill he .1 "’J'erian ci;ur^'ular service )r'‘,ing even“eXtSsbba ' *' °'=lock p S' Sabbf 'ts,1ay evening orfRm u:eeli t*."**^'. **Ch Wei -a T Christin„ EnHa'iCmit Th* public is Wel"de&vor » Welc°me to tb R' E LEEU^E8. Pa6 THE CONVENT CASE. The convent case, which has been in the supreme court the past four years, has been decided. This was a case brought by 8t. Patrick’s church against the contractors' bondsmen, after the building burned and the contractors re- < fused to make gqod the loss. The case was tried in the district court and the church got a judgment against the bondsmen for about $18,000. It was taken to the supreme court on error and the decisiou reversed, and remanded for a new trial1. The following is the de cision : Gallagher et al. against St. Patrick’s church, O’Neill. Error from Holt county. Reversed and remanded. Opiuion by Commissioner Ragan. Meals and McVea, contractors, entered into a writing with St. Patrick** church, in and by which they agreed to furnish labor and material and construct tor said church a certain building. The contract provided: (a) That the build ing should be completed by the 81st of December, 1890; (b) that if the building should not be completed by that time tbe contractors should forfeit to the church tbe sum of $10 for each day that tbe building remained unfinished there after: (c) that if the contractors should neglect or refuse to comply “with any .of the articles of this agreement” that the chureh might take possession of the premises, after giving three days notice in writing, complete the building and charge the costs thereof to the con tractors; (d) that the architect should make estimates on fhe last days of August, September, October and No vember of the value of the material and labor furnished by the contractors, and the church at said dates should pay to the contractors three-fourths ot the amount of said estimates; (e) that the church should protect by insurance to cover its interest in the property when payments had been made to the con tractors. To secure the performance of their agreements the contractors exe cuted a bond to the church, signed by themselves as principals, and a number of parties as sureties. The building was not completed by the 31st of December, 1890, and the contractors were proceed ing with its construction on the 18th of February, 1891, when it was totally destroyed by fire. Prior to the 31st of December, 1890, the church had paid to the contractors for labor and material, tife sum of $12,440; prior to the day of destruction of the building the church had paid to the contractors $14,489.59. me cnurcn iook out insurance on the property in the sum of $10,000, and no more. The church sued the contractors and the sureties on their bond to recover the money paid to the contractors under the c din tract. Held. (1) That the fail ure of the church to keep the building insured to the extent of its interest therein was a complete defense for the sureteies on the bonds of the contract^ ors; (2) the object of the provision in the contract requiring the church to insure its interest in the property was to lessen the risks taken by the sureties; (5) that the sureties were under no obli gations to make inquiries from lime to time to ascertain if the church had com plied with its contract to insure its in terest in the property; (4) that the sureties had a right to suppose that the church would comply with its contract in that respect, and that if the building should be destroyed before its accept ance by the church, and they were called upon to and did make good the loss that they would be entitled by abrogation or otherwise to the benefit of the insurance effected on the property by the church; (5) that the question as to whether the destruction of the building was the result of the negligence of the contract ors was an immaterial issue; (0) that the church could not excuse its failure to comply with its part of the contract on the ground that its performance would have been of no value to the sureties because the loss of the building through the negligence of their princi pals would defeat a recovery of the in surance if it had been effected; (7) that its duty was to insure the property, and when the loss sued for occurred and was paid by the sureties, to transfer to them the insurance contracts, and leave the sureties and the insurance companies to litigate the question of the latters’ lia bility: (8) that the fact that the church was unable to procure responsible in surance companies to write insuiance on the building to the extent of its Interest therein did not relieve it from the per formance of its agreement to insure the property to the extent of its interest; (9) that it is evident from the contract that it was within the contemplation of the parties thereto at the time it was made that the building jpight not be completed at the very day fixed by the terms of the contract, and that ff it were not the church had the option to permit the cumraciors to nmsu tne work and to recover from them whatever damages the chureh might sustain by reason of the building not being completed in time, or the church might at its option exclude the contractors from any further connection with the work and complete it itself; (10) that the church by per mitting the contractors without protest or objection to continue the work after the date when the building was to be completed recognized the contract as in full force, and as long as it was in force the church was under obligation to per form its part-of it; (11) that by such act it waived, as it had a right to do, the completion of the building on the day named in the contract, and reserved the right to recover damages from the con tractors for the delay CAMP FiHE AND PICNIC. The O. A. It. boys of Leonia will have a camp Are and picnic at Mc Clellan’s grove on July 4. There will be speaking, by the best talent they can procure, singing, and a general good time. Come everybody. By Order of Committee. THE El JAWS NEAR The Long Drawn Ont Trial Nearly Completed. BOTH SIDES HAVE RESTED The State Has Made a Good Caie But a Con viction Not Anticipated. Butte, Nkb , June 19.—[Special.]— Mis* McWhorter, who was the diet witness on the stand this morning, did not diverge from the story told by her at the preliminary. The main feature of the day was the examination of the man, Palmer, 'of Dorsey. He stated that be passed through Parker on his way to O'Neil! about 2 o'clock on the afternoon of the fat^l day. He noticed a team coming behind him, which he supposed was Scott's team. It was about two miles away. He met a man about eighty rods on the other side of Parker, who was going northeast, wore a fur overcoat, blue overalls, dark cap, pants outside of his boots, walked very straight, had very dark eyes. His frrst impression on seeing Mullihan shortly after at O’Neill was that be was the same man he bad met near Parker, but since that time he has seen another man who answers the description 'better. This man he claims is H. McEvony, who is ex-sheriff of Holt county. At this time Mullihan was brought before the witness, and upon close observation the witness said that Mullihan's eyes were too light to answer the description ot the man he saw near Parker on the day the assault was made. It will be re membered that the man at the prelimi nary identified Mullihan as the man seen, and in private conversation said he would know him in hell. The re flection cast upon ex-Sberiff McEvouy is nothing if not ridiculous. It is well kuown that he was in O’Neill that day and among the first to brave the intense cold when a searching party was formed. The evidence of Schmidt taken at the preliminary, was .read to the jury. He positiyely identified Elliot as the man who drove the cart when he was sepa rated from Scott. Butte, Neb., June 20.—[Special.]— In the trial today the matter of venue was settled beyond a doubt in regard to the murder of Scott and as to whether it was done in Boyd or Holt county, by the testimony of John Harvey, who for seventeen years has lived in Holt county near the YVhiting bridge. The identifi cation of the tracks that went over the bridge and then returned to Holt county, was a conveyance that contained Scott cannot be successfully contradicted. 3cott was not strangulated and not banged as people are supposed to be who are strung up by a mob. The tes timony of Harvey is corroborated by the medical testimony of Dr. Salter, of Nor folk, and Dr. McDonald of Atkinson; both of them swore that the murder un ier the circumstances shown to exist, the weather and all, must have been committed within a few minutes of the time that the body was put into the river, and under no circumstances, to exceed two hours prior. The first witness put upon the stand was little Fannie Scott, aged 8 years. 3he is an exceptionally bright little girl and remembers the incidents well. She itated that during the assault at Parker ber father had her ask one of the men if he had a little gtrl, which she did, but the man made her no answer. She says she has seen this man since the day at Parker. It was at her father’s house at O'Neill, and she identified him by his eyes and a'certaiu way he stood, which she noticed both times. The evidence of J. P. Gilligan and that of J. L. Biddle, as given at the pre liminary, was read to the jury. Peter Kelley said that he lived about two miles from the Postlewaite house. He heard a team pass his house about 7 p. m. of December 31. It was a wagon he thought, and was being driven quite rapidly. About noon on December 3U he saw Mulliban pass his house on horse back, going in the direction of Elliott's. The examination of Chas. Hall and Theodore Crawford followed. John Harvsy again testified as to the wagon tracks at the bridge and the opening in north side of channel. Simon Simonson testified as to the overshoes worn during the winter by Harris. Mr. Petterson also testified to the overshoes; said that he loaned a shotgun to Harris a week before the as sault. Gun was number 10. The shells found at the scene of the crime were number 10. Sheriff Hamilton was call ed for the purpose of identifiying a shell found at the Postlewaite house. Dell Akin identified the quilt found in the river, after which the state rested. Butte, Nbb.. June 21.—[Special.]— When court commenced today, the de fondants' counsel moved the court to in struct the jury to return a verdict of not guilty without requiring any evidence from the defendants, for the reason that no evidence tending to show the com mission of the crime of murder in Boyd county; no evidence tending to sustain a conviction and no evidence that Bar ret Scott was strangled in Boyd county, was offered by the state. This was argued at length by Harring ton and Golden and numerous cases cited. Attorney Gurley and Churchill argued that it was not a material allega tion. The court passed upon it in a very lengthy opinion, the substance of which was „that the question of venue was a matter of fact for the jury to de termine. August Oberly being the first witness called to testify in behalf of the defen dants, stated that be was 60 years of age, a resident of Holt county, was at' home on the morning of December 81. He left home about eleven o’clock, went to Mr. Postlowaite’s then to Kelley’s who was township supervisot, bis busi ness being to get the township property together, • be being elected supervisor. He got one statement and two other book] at Kelley’s. It was about noon and he went to the school house to get the voting booths and then southeast to Tom Lear’s place. He left Lear's house about 8:30 and went south. He saw Moses Elliott and Mert Hoy coming from the west, driving one sorrel and one . bay horse to a top»buggy They turned and went north towards home at the section corner. The night of De cember 31 was dark as there was no moon. Peter Kelley, the next witness culled, stated that August Oberly was at bis place about nfton on the 81st, gathering up property belonging to the township. Oberly in leaving his place went south toward the school house. T. A. Butterfield of Knox county was called. He was acquainted with Mulli han and met Mullihan coming from Creighton on December 31, and made an agreement with him to trade a pony for a colt, the trade to be consummated the following week. Joseph Shattmeyer went to the Bo hemia mills, Knox county, on December 31, and left the mills about 3 o’clock in the afternoon, arriving home about 7 o’clock in the evening. It was very dark. Ben Postlewaite was called and iden tified the shell found by Hershiser as the one found by him and left at the house several months prior to the cap ture. Oberly was at the house on the 31. He saw him again at the school house at the Women’s Christian Tem perance union meeting that evening. Coming home about 11 o’clock no moon or stars were visible. James A. Barnes testified that he had been hunting horses that day and was acquainted with Elliott whose reputa tion was good. The night was dark. Judge McCutcheon of Holt county, identified Harris’ overshoes as the ones shown to Miss McWhorter at the pre liminary hearing, which she claimed were not the same as worn at Parker. He said Schmidt was acquainted with Elliott and had seen them conversing together. He heard Schmidt mention Elliott’s name during the conversation. The witness identified the silver ring on Elliott’s finger as the one worn at the time the conversation took place be tween Schmidt and Elliott. He has seen Elliott wearing this ring for the last four years. He never saw Elliott wear a gold ring. The judge swore that Miss McWhorter testified at the prelim inary hearing that her finger nails would not fit on the scars on the back of Mulliban’s band. Tom Lear, who lived at the time of the assault, about half a mile from Elliott’s stated that El liott was at his house on December 30, and had a new double and single tree on his buggy which was painted black. Elliott and Roy accompanied by another man passed his house about 11 o’clock on the morning of the 81st. They were in a buggy drawn by one' sorrel and one bay. Butte, Neb., June 23.—[Special.]— Elliott wag placed on the stand this morning. In giving an account of hig whereabouts that day said that Roy, Mullihan and himself were together; went out looking for a horse and found it. Did not remember that Roy’s buggy was peculiar in any respect. Particu larly in the respects noticed by Mrs. Scott. lie was not at Parker that day nor did he wear a mask December 31. Never owned a gold ring. Oberly was re-culled and testified that he saw Elliott about 4 o'clock December 31 near Elliott’s home. Sargeant was recalled and said that Biddle lias a white horse, also a double box wagon, and these may have been the ones used at Parker. Mr. and Mrs. McQowen were both called to identify the silyer ring on El liott’s finger. On December 31, at 6 o’clock, Reuben Newton getting on the wrong road, was led to Elliott's house, saw him and con versed with him for a few minutes. This closed the evidence used to prove an alibi for Elliott. Mr. Cams mot ilarris on Blackbird creek December pi, about 13:30. Ue was riding a gray horse and looking for a gray mare. This was ten miles dis tant from Parker. Witness said at 8 o’clock it was quite dark, no moon be ing visible. Dan Cronin was acquainted with Ilar ris and said that his reputation in that country is good. Ue saw Harris pass his house twice on the 81, once about 3 o'clock going west and again at 4 coming from the north. When asked as to the veracity of Polk, a former wit ness for the state, be stated that it had always been considered good by his neighbors. Andrew Smith said he had heard Brennan, Planner, Cohen, and other nt.gbbors of Polk say that he could not tell the truth. Mr. Nat McGrew also saw Harris pass Cronin’s place on December 81 about 3 o’clock. Hon. H. R. Henry, Arch Henry, and James Stanton were onlled and test ified that Harris was considered in bis neighborhood to be a peaceable and law abiding citize^n. They were also asked about the reputation for veracity of a former witness named Polk, which they said was generally considered not good. They could not recall any particular time when said Polk’s reputation had been discussed. James Reed said he and McAllister had met and conversed with Polk about tbis matter and Polk had expressly said he was going to. do all he could against Harris in the trial. Polk bad previous ly testified that he did not meet these men nor make such a statement. Reed also said Harris was considered a man of good reputation. Polk was noted for untruthfulness. Jonn McAllister was called. He also testified as to the meeting and conversa tion. He said Polk’s reputation for truthfulness is bad. He had known Harris for a long time and he has a good reputation among all his neighbors. . Miss Ada Linsworth testified as to the bonversatlon between herself, Harris and Simonson, wherein she joked Har ris about the kind of a mask to wear when he next assaulted Scott. She stated others of their family were pres ent and took part in a joking way. This occurred after the preliminary hearing. Harry Stanton, who waa also arrested in this case but recently dismissed, ap peared on the stand. It seems he and Harris were batching it alone in Decem ber. He was at Harris’ farm part or the day Sunday, December 80. Harris went to hunt a horse that had strayed! 8hortly after Stanton left, going to Mc Allister’s. On Monday they left about 8 o’clock, together, went two miles and separated. They both returned by 11 o’clock, got dinner and were away dur ing the afternoon, returning about dusk. Stanton brought home with him a herd of horses that he found near Young’s. That evening he went home, got some clean clothes and remained over night. Stanton states firmly that he was not at Parker on December 81, did not assist in the capture nor see Scott or family. Men Roy, one of those arrested for the crime, but since dismissed, was call ed, and told in substance, the same story as Elliott had related about their going with Mulliban to find one of El liott's horses for the purpose of trading. They started about 12:30 and returned about 5 on the day of December 31. They rode in his buggy with a sorrel and bay team. He described the wbiftie trees of his buggy and said he painted them on Thursday. In answer to the questions propounded about the assault and crime, he said he was not in Parker and did not assist in the tragedy. hdttb. Neb., June 24.—[Special.]— Miss Etta McAllister was the first witness this morning. She said Mr. Polk’s reputation was not the best. Frank Eppcnbougb, who lives about four miles from Parker, said that Harry Stanton was at his house about 9 o’clock December 81, and also there about 7 in the evening. Steve McGinnis testified as to to the good character of Harris. Harris was placed upon the stand in his own defense- He waslook ing for horses all day December 31. He left home in the morning at eight and returned at 11; had dinner and then was out on the same mission until dark. While on his trip he saw Barney Kearns, John Carton, Dan Cronin and John Donahoe. Was not at Parker nor at the capture or killing. H. M. Bradstreet testified as to the good reputation of Mullihan. Mulli han’s ramily was visiting at his home that day. Saw Mullihan going north past his farm about 3:30; he was ou horseback. Jim Gregg said that Mullihan was a good, honest citizen. Hon. John A. Robertson was ac quainted with all the defendants and he considered them gentlemen and scholars. John Bayba has known Mullihan for years and thinks he is all right. Saw him riding toward home about 4 o'clock. John Busbard, who was mail driver at that time, boarded with Mullihan. Said tiiul Mullihan arrived home that night ubout 7 o'clock. Weut to bed at 0 and lid leave the house again that nlgnt. Charlie O'iNelll testified that after heaving of the tragedy ho worn to Boon's limmo. where Mrs. Bcolt said she could not say who the parties weru that atlaok ul them. Mullihan said that he never had any trouble with Bcott, nor did he receive any Holt county money. On the day of the tragedy he was out looking for a grey colt. lie accounted for the scratches upon his hands by testifying that his horse and another got into a light at Elliott's uud lu attempting to separate them his iiands were jammed up against the partition and scratched, lie deuled that Miss McWhorter was responsible for those injuries. Ue was with Elliott aud Hoy alt that day until he left for home about 4 o'clock, ... t/. Butte, Neh., Juue 20.—[Special.!— iitrarn Hodgkin was a witness In re buttal tor the slate. " Would not say that the reputation of Polk was bad; had never heard it discussed. Nut Uradstreet was not acquainted with Polk's reputatlou. Charles Hall and John Weekes testified that Polk’s reputation was as good as the average. Hath talked with Harris at his home January 1. He said he was buntiug horses December 81. Saw Stanton at the same lime; he said that he was at Harris' December 81. Wit nesses also saw Mrs. Elliott. She said that Pinkermau was not at her house that day. These witnesses were not cross-examined, the defense claiming that they were “trumped up for the occasion." J. 11. llerry said he had been been ■ acquainted with Polk for about two years and considered his reputation good. Adolph Peterson said he knew noth- ' ing against the reputation of witnese ■ Polk. A Faulkrod testified that Plnkerman bud tolk him that he wae in O’Nelli on the night of December 81. Plnkerman when on the stand stated that he left O'Neill about 5 o'clock December 81 and went to Elliott's. Miss McWhorter wae recalled and said that Amos Sargent stayed all night at Scott’s house a few days after Scott's funeral. Sargent stated while there that it was Roy’s team that brought the . family into O’Neill; that the whlfHetrees were painted January 1. Mrs. Scott was called and testified to the conversation held while her brother in-law. Mr. Sargent was at her house a . few days after the funeral of her hus band. W. E. McRobert is acquainted with Polk and considers him a very fair man. He was a member of the Holt county Cattle company and one of Scott’s bonds men. ueury ncnmmt, a larmer or Holt county, lives three miles from Polk’s, His reputation is good. Dell Akin was recalled, and stated that (Mullihan, after his arrest, and while in his charge, told him he was hunting horses on December 31 and hurt his hand in the bushes. James Trigg was recalled: he said ' that he saw Barney Kearns in a saloon in O’Neill between 13 and 1 o’clock. Kearns swore that he saw Harris on the . 31st, while on his way to O'Neill and that he did not reach O’Neill until after 3 o’clock. • 8am Nelson identified the constitution and bylaws exhibited to be in his hand writing and not the bandwriting of Miss Harrington as claimed by the state. Butts, Nsu., June 26. —[Special.]— The evidence in the Scott case is all in, nothing new or startling being devel oped at the close. The arguments com menced this morning and it is thought the case will go to the jury tonight or in the morning. SCHOOL KEETIJfB. The annual school meeting was toeld in the school-house Monday afternoon and was quite largely attended. There was considerable censure of the old board for employing teachers for the ensuing year, which partly accounted for the large attendance. The candidates placed in nomination were: Doyle, McGreevy, Horriskey, Woodruff and Staonard. Dovle, Wood ruff and Slannard were elected by large majorities. Doyle being elected for one year, to fill vacancy. A levy of 10 mills for general purposes and 5 mills for the teachers’ fund wae made. The debt of the district, is about $16,000. This includes its bonded indebtedness, which is about $9,000. The levy made at the last meeting will not be sufficient to run the school for the ensuing year, and when the next annual meeting is held the district will be deeper in debt than it is at the present time. ... JULY FOURTH. The following program has bdbn arranged for the coming 4th of July picnic to be held in Dobbs' Grove. The procession will leave the court house at 10 o’clock a. m.: thence to the v. grove south of the F. E. and M. V. rail road depot, where there will be singing by the Glee Club and the speaker of the day will deliver his address. lmmediatedly after dinner the’ sports > will commence and will consist of'the following: Ha^o ball.jio.flo It inning hop step and jump. 1.00 Standing Jump. 1.00 Running jump. 1.00 Three legged race. 1.C0 Sack race . 1.00 loot race. l.oo Hoys'foot race—under 12 years. SO’ l’niiy race.1st S3....2nd. 1.00 lb.vs bicycle race. 1.0) K ; race. 1,00 B. wery dance afternoon and evening Fireworks in the evening Refreshments will be served on the grounds all day and evening. President of the day, Mayor Biglin. Marshal of the day, NeiJ Brennan. Short Lins Time Card. Passenger leaves 9:33 a. m., arrives 9:1)7 ki.; freight leaves.9.-0? p. m., ar rive v. m. Daily except Sunday. l * * Croat Bargains in Clothing For the Next 30 days at SULLIVAN[MERCANTILE COMPANY