Nebraska Newspapers

    The Frontier.
VOLUME XXVI. _
O'NEILL. NEBRASKA, THURSDAY, DECEMBER 28, 1905
NUMBER 27.
DEFENDANTS WIN SOIT
Jury Acquits Whittemore of Liability
for Losses in Bank Failure.
VERDICT WAS SOON ARRIVED AT
■ 'Osecution, Confident ot Winning,
" Taken by Surprise. — Defendants
Make Strong Showing.
The jury found for the defendants
in tlie case of Bridget Corrigan against
Fred Whittemore and the Fidelity
and Deposit company of Maryland.
The verdict came like a thunder clap
to the prosecution, who confidently
expected the bank examiner to beheld
liable for the losses sustained by the
collapse of the Eikhorn Valley bank.
The trial of this case lasted from
Monday morning of last week until
Saturday night, the evidence being
summed up and the jury receiving
the instructions of the court just be
fore the adjournment for supper Sat
urday night. The jury was taken to
supper before attempting to make up
a verdict, after which they returned
to the court house and were closeted
in the jury room a little over half an
hour, when it was announced the ver
dict was ready. They were then
brought into the presence of the court
and the verdict, “we do find for the
defendants and against the plaintiff,”
was read. Only a few persons were
present in the court room at the time.
The plaintiff sat beside her attorneys,
Messrs. Harrington and Mullen.
This case has been of more than or
dinary interest because in it were in
volved the hopes of some eighteen or
twenty of the depositors of the defunct
bank and also the liability of a
bank examiner for losses sustained
in the collapse of a bank.
The prosecution, conducted by At
torneys Harrington and Mullen, con
ducted their case upon the allegation
that the bank was insolvent when
Whittemore last examined it in Dec
ember, 1903; that the examiner at rhat
time made a false report to the state
banking board and that by reason of
such alleged false report the bank was
kept running. The principal evidence
introduced by them was a bunch of
alleged fictitious notes, and a long list
of witnesses were called by them in an
effort to show that the persons whose
t j names were attached to the notes did
not or had not for many years lived in
Holt county.
O. F. Biglin, as receiver of the de
funct bank, was on the stand most of
two days for the prosecution. He was
asked to trace out the alleged forged
notes and an adjournment was taken
to allow him time for that purpose.
When court again convened Mr. Big
lin was put upon the stand and testi
fied to having been able to trace out
and discover the alleged forgeries in
two hours. This testimony was
brought out to show that Whittemore
had not looked into the genuineness
of these notes.
The bank receiver was then taken
in hands by the defense on cross exam
ination and it was brought out that
during tlie adjournment of court a
conference had taken place at the of
fice of Mr. Harrington where were
present the attorneys for Mrs. Corri
gan, tlie bank receiver and Bernard
McGreevy, the latter furnishing the
key that opened the mystery* to these
alleged spurious notes. It was a mat
ter of some surprise to those who had
been watching tlie developments in
these cases that tlie former bank presi
dent was not put upon the stand by
the prosecution, in view of the fact
that they had argued that he would be
their main witness when tlie cases
were brought to trial.
The defense, conducted by T. J.
Doyle of Lincoln, M. L. Learned of
Omaha and R. R. Dickson, conducted
their side of the case along the fol
lowing lines:
Tlie bank examiner reported condi
tions to tlie banking board as lie found
them and it was therefore up to the
banking board and not the examiner
to close the bank if affairs were not
regular; the good standing of McGree
vy and Hagerty in the community; the
accuracy with which the alleged forg
L. eries were made. The defense intro
duced evidence and witnesses to sup
port these claims. Mr. Whittemore
was placed on the stand and Ins exam
ination of and report on the conditions
of the bank as lie found them gone in
to in detail.
The defense claimed that Whitte
more was only an agent of the banking
board and that lie had no authority to
close the bank; that ids report was
true and that several items there re
ported might be constructed as suffi
cient cause for the banking board tc
take action.
The defence laid considerable era
phisis on the previous good standing
of Pat Hagerty and Bernard McGreevy
in the community, showing that
Whlttemore had no reason to suspic
ion anything wrong.
One of their strongest points was
the accuracy with which the alleged
forgeries were drawn. To illustaate
this, they introduced two notes in evi
dence and placed the gentleman whose
name was attached to them on the
stand. A note for $1500 signed by a
well known farmer of this community,
who chances to be a brother in-law of
the former president of the defunct
bank, was found among the assets of
the institution. The farmer called to
pay his note at the bank and a short
time after was confronted by an officer
of the First National bank of Sioux
City with a note identical to the one
in the bank. This man testified on
the stand that he had never given
that bank but one note forthat amount
but could not tell which of the two he
had signed.
Tile defense contended that if this
gentleman could not tell which of his
signatures was genuine, neither
could the bank examiner.
The j ury was composed of the follow
ing twelve representative men: Chas.
Smith, James E. Harding, R, D.
Spindler, Hi Hodgkin, B. A. Powell,
Elmer Adams, William Calkins, P. A.
Just, A. S. Cate, George Cherry, John
P. Sullivan, A A. Wagers. Their
verdict to the effect that the bank
examiner is not responsible for losses
sustained in the Elkhorn Valley bank
is the judgment of twelve as substan
tial men as there are in the county.
District Court Items.
Bnt little has been done in the dis
trict court since the close of the Wliit
temore trial. The Christmas holiday
was observed. Tuesday morning Ber
nard McGreevy sat beside his lawyer,
Mr. Harrington, behind the railing in
the court room while Mr. Harrington,
County Attorney Mullen and Judge
Harrington arranged the date for the
hearing of an application fora change
of venue in the McGreevy cases. Fri
day, January 5, was agreed upon by
the attorneys and the court for the
hearing of the application. Judge
Harrington announced he would ask
Judge Westover to come down from
Rushville to preside at the hearing.
Sheriff Hall was instructed to call a
special venire of jurors to serve in the
retrial of the Irwin murder case, but,
the order was subsequently revoked
and the case will be continued over to
the next term of court.
Wednesday the prosecution in the
Whlttemore suits filed a motion for a
new trial.
The jury was discharged yesterday
until again called.
The Reason Why.
Last week’s Valentine Republican
contained the following:
Under date of December 9, 1905, A.
L. Towle received a letter which is
self explanatory as follows:
The telegram of 7th instant signed
jointly by yourself and Mr. W. S.
Barker was duly received. I was told
that the investigation of the land of
fice did not inculpate you, but you
were asked to resign because of the
fact that the irregularities complain
ed of might have been checked, and
that in view of all the circumstances
and considering the long tenure that
you have enjoyed, it was thought best
to make a change.
Not one regrets the outcome of the
matter more than I. No member of
the Nebraska delegation, so far as I
know, had any intimation of the pro
posed action of the department.
Yours truly,
J. H. Millard.
Notice.
Wanted, two good men who under
stand threshing grain by hand, as I
cannot get the professional hands to
do it by horse power; as the steam
power came around and took all the
convenient work and left me out in the
cold, as I was beyond one of the un
safe bridges where they thought it
dangerous to go. My neighbors the
Ditch Co. sometimes thresh thousands
of bushels of grain and at other times
they feed all in the sheaf and this was
their sheaf year, so I am out in the
cold and must thresh with Hall. Job
will last from one to two weeks.
Peter McMonigle, one of the 7t>.
Mr. Deaver Resigns.
D. Clem Deaver, receiver of the
United States land otlice at O’Neilil,
who has been in Chicago the past few
days, wired to his friends here yester
day that he had resigned his ollicial
position with the Burlington railroad
position and had accepted a lucrative
as land agent.
The appointment lias been offered
to Sanford Parkerof Spencer, formerly
a resident of O’Neillland well known
in north Nebraska.
Mr. Deaver’s term of office expires
next month, when it is supposed the
resignation takes effect.
Renew for The Frontier.
tr %
SURPLUS $55,000.00 I
O’NEILL NAT’L BANK
15 Per Cent Paid
on Time Certificates of Deposit
This Bank carries no indebtedness of Officers or Stockholders
——————4
LOCAL MATTERS.
Dean Selali was a Ewing visitor yes
terday.
C. J. Malone had business at Inman
Tuesday.
John Alderson was up from the hay
belt Tuesday.
Berle Martin was over from Gregory,
S. D., to spend the holidays.
Miss Katherine Doyle went to
Omaha Tuesday for a week’s visit.
J. W. Yantzi and wife went to
Seward Tuesday to be gone a few days.
Cyrle Erclib of Spencer was a North,
western passenger east Tuesday
morning.
R. E. Slaymaker returned yesterday
from Atkinson, where he had been for
a few days.
Judge Harrington, Tom Coyne and
and Emii Sniggs each had business at
Stuart Wednesday.
John A. Ziemer, who has been under
the doctor’s care for the past two
weeks, is improving.
Will Hammond, who is attending
school at St. Paul, is spending the
holiday vacation at home.
Lyons Mullen is spending the holi
days in O’Neill. He is studying den
tistry at an Omaha college.
Fred Johring is up from Fremont,
where he is attending school, to spend
the holidays with his parents.
Miss Ida Schwanck, a type manipu
lator in The Frontier office, spent
Christmas with her parents at Wisner.
R. E. Chittick, who assumes the
duties of county treasurer next Thurs
day, came down from Stuart yester
dav.
The board of supervisors convened
yesterday to close up the year’s busi
ness and get county affairs in shape
for the new year.
Mrs. F. B. Cole went to Lynch yes
terday, being called there by a tele
phone message from her son stating
their baby was quite ill.
Mrs. John Sturdevant and little
daughter went to Stuart Monday even
ing, where they join Mr. Sturdevant
and will make their home.
Mrs. N. W. Shaw left Saturday
morning for Webster, Kentucky, to
spend a few weeks assisting at the
home of her parent.
Miss Lizzie O’Mally, the accomodat
ing and efficient postmistress, took a
well deserved vacation Monday and
Tuesday and visited at the home of
her mother in Shields township.
Services will be held in the Episco
pal chapel Friday evening, December
29, at 7:30; Sunday, December 31, at
11 a. m. and 7:30 p. m. Sunday school
after morning service. All are cor
dially invited.
The Frontier learns that Miss
Blanche Adams, who was contracting
symptoms of consumption before she
left O’Neill, is rapidly regaining her
healtli on the Pacific coast, she now
being at Los Angeles, Cal.
Miss Mary Howe entertained a few
of her girl friends Wednesday evening.
Those present were: Maude Hall,
Delta Bowen, Pearl Kinney, Amelia
Gatz, Clara Hemingway, Edna Moler
and Dora Alberts. All reported a
good time.
Real estate men report an increased
demand for Holt county land. The
buyers mostly are coming from Illi
nois and Iowa, a great many putting
their money into the land as a mattei
of speculation. Others are buying
with the intention of making theii
homes here.
O’Neill people at Atkinson appeal
to be enjoying a reasonable degree of
prosperity. John and Mrs. McNfchols
who removed from O’Neill to Atkin
son some fifteen years ago, are engag
ed in the restaurant and bakery busi
ness and are having a good trade. Free
Swingley, Dennis Hunt, Mike Sulli
van, Mose Campbell and Pat O’Don
nell are all looking well and flour
I ishing.
Bennet Martin arrived home the
first of the week from Omaha, where
lie has been for several weeks at a
hospital undergoing an operation.
Bennet has not been himself in health
for some months but The Frontier
trusts he will soon be enjoying his old
time vigor.
Thomas E. Alderson and bride came
up to O’Neill Wednesday last after
the wedding and departed on the early
train for a brief wedding trip to Lin
coln and other points. The young
couple will be at home at the farm of
the groom’s parents near Chambers
until spring.
Mary Hall has been gra ited a di
vorce from Dan Hall and awarded $500
alimony. The couple were married in
O’Neill in 1901 and have been living in
Atkinson since their marriage. The
husband sued for a divorce, making
some highly sensational charges. The
defendant filed an answer and cross
petition and was granted a divorce.
The Northwestern railroad an
nounces another special train for In
structing farmers in crop and soil cul
ture. The train will be at O’Neill at
5:30 p. m. on Friday, January 5. Free
illustrated lectures will be given by
the professor of agriculture and other
scientific men of the university of
Nebraska. Farmers and all others in
terested in agricultural subjects are
invited to attend.
Next Sunday evening Rev. T. W.
Bowen will preach at 7:30 on “How
We Spend Our Time.” Solo by Mr.
Grosvenor. At 9:30 a watch-night
service will be held, when Rev. J. M.
Caldwell, D. D., will preach. A spe
cial program of particular interest
and profit is being prepared. A large
choir will render music of an excep
tional character. Special services will
be held all next week at 7:30 p. m.
The pastor will be assisted by other
ministers. Mr. David B. Grosvenor
will have charge of the singing.
John and Emmet McBride arrived
home last Thursday from Obelin, Ohio.
Emmet is somewhat crippled up from
his recent experience with holdups
at Obelin, but is able to get around by
using a crutch. He has got out in a
remarkable short time, however, con
sidering having received two bullet
wounds. He was shot in the hip and
arm. A bullet struck him in the left
arm just above the elbow and passed
out just below that joint. The other
entered the fleshy part of the hip and
injured the chords of the limb.
The members of the Woman’s
Christian Temperance Union of
O’Neill met for their regular quar
terly business meeting at the home of
Mrs. C. L. Bright on Wednesday, De
cember 20. The officers and superin
tendents ot the different branches of
the work presented written reports of
the work done in their departments.
A number were absent, but most had
sent in reports which were read. Alto
gether a very satisfactory quarter’s
work was shown. The next meeting
will be at Mrs. Bright’s, Wednesday,
January 3.
Mayor Doyle and City Clerk
Saunders went to Atkinson Wednes
day to look over the gas lighting plant
in use there and report their findings
to the city council. The Atkinson
plant is owned by a local company and
was put in at an expense of $3,600, al
though members of the company say
if they had it to do over it could be
done for $2,500. The gas is created
from a substance called carbide. The
light, while not equal to electricity, is
good and not so expensive. The may
or and clerk will report at the meet
ing of the council on next Tuesday
evening and it would be advisable for
citizens interested in the lighting
proposition to attend the meeting.
Notice of Removal.
Wm. Lockard, formerly located ir
Corrigan’s drug store, has opened uj
in new building one-half block east ol
bank corner.—Wm. Lockard, Jewelry
Kodak and Phonographs, O’Neill, Neb
LAND FENCERS WEEP.
Get a Little Heavier Dose in Minneso
ta Than m Nebraska.
A scene and a confession occurred in
the United States circuit court at St.
Paul one day this week, recounts an
Omaha paper, in connection with land
frauds, that will be of interest in Ne
braska at this time, when the Rich
ards and Comstock cases are fresli in
mind. Both of the offenders, who
were convicted at St. Paul, had been
held in high respect in the section
where they resided.
The men up for sentence before
Judge Amldon at St Paul were Royal
B. Stearns and William T. Ilorshell,
who had been found guilty by a jury
of conspiring to defraud the govern
ment by securing possession of home
stead lands in South Dakota through
misrepresentation.
Numerous witnesses testi tied to sign
ing applications in St. Paul which they
never saw again. They were told,
they said, that they were to get $10t
for signing the papers, and that their
expenses for two trips to South Dako
ta would be defrayed.
When asked if he had anytning to
say why sentence should not be passed
Stearns said:
“What I have to say, your honor,
can be said in a very few words. It is
this: Soon after I was arrested in this
matter I came to St. Paul and with
two of my friends went to see the dis
trict attorney. At no time would I
have not been willing to plead guilty
to have fenced these lands for pasture.
I never tried to get the lands for any
other purpose. Sixty other men who
have been doing the same thing tliat
I have been doing have come before
the district attorney’s office and have
been allowed to go free.
“Special Agent Moore has made re
ports to the land commissioner that
he knew to be false, and the govern
ment officials all through South Dako
ta have been hoodwinking the govern
ment in matters of this sore.
“In South Dakota county judges,
county attorneys and clerks of the
county courts have been foryears sign
ing papers that they have known to
have been false and worthless, and
this sort of thing has been going on
for years. I myself once had the hon
or to be elected county judge—”
Here Stearns broke down and wept
bitterly, being uname to go on with
the remarks.
With an effort he managed to con
trol his feelings and continued his re
marks.
“Yet never, while I was in the posi
tion, did I ever sign a false paper for
any of the many people who came
daily to my office in order to induce
me to do so. Down there, your honor,
it has been generally believed for years
that there was no harm in doing these
things. Everybody did them and no
body thought anything about it.”
Stearns finished and stood before
the judge with bowed head, tears
flowing from his eyes.
Judge Amidon moved some papers
on his desk and looked over at ths
clock.
“Mr. Steans, how old are you?” ask
ed Judge Amidon.
“I am 53 years old,” replied Steans
“Have you any children?” said thi
court.
“I have one daughter 23 years old
and a wife,” was the reply.
“It is a sad duty that falls to me ti
be obliged to sentence you,” began thi
judge, “but something must be dom
by way of an example. There is m
doubt that much that you say regard
ing the unlawful and wicked practic
in that part of the country is true
You are the most guilty in this cas<
and I sentence you to serve one yea
and six months in the Minnesota stat
prison at Stillwater, and pay a tine o
*1,000.”
Stearns walked slowly back to hi
seat beside his attorney and sat down
Judge Amidon called the name c
William T. Hornshell, and a tall dar
man walked before the bar and stoo
facing the judge.
“Have you anything to say,” aske
Judge Amidon.
“Nothing except what has been sai
for me,” was the reply in a low voic<
and suddenly Hornshell began to wee
bitterly.
“I am 50 years old and have on
daughter,” he said between his sobi
“My wife is dead.”
He leaned his head down upon th
desk in front of him and wept alouc
“You are tire lesser offender in thi
case ,” said Judge Amidom, “but yo
are not altogether free. Therefore
sentence you to serve six months i
the Ramsey county jail and a tine c
*500.” _
Half Rates to Golf Tournament Mex
co City, Mex..
Via the North-Western Line. E:
cursion tickets will be sold at one fai
for the round trip, January 1 to 12, ii
elusive, with favorable return limit
Apply to agents Chicago & Nortl
Western R’y
THE LIGHTPBOPOSITION
Attorney Whelan Thinks Something
Should Be Done.
SUGGESTS TO COMMERCIAL CLUB
Would Have Them Hold Meeting and
Recommend Action to Be Taken
By the Council.
O’Neill, Dee. 2«.—The Editor of the
Frontier, O’Neill, Nebraska: Since
the publication of the electric lighting
proposition made by J. P. Connolly, I
have searched both our local papers
for some expression from the citizens
in regard to the matter and had
hoped that those having heavier in
terests in the community than my
self would express themselves either
for or against it. But, although they
have not done so, it seems to me that
the matter should not be allowed to
fall through. A great many of our
citizens do not seem to be in favor of
donating to Mr. Connelly the building
which he asked for, as a condition of
putting in the plant. They think the
city would have no protection, It for
any reason it would be impossible for
Mr. Connelly In future years to keep
his parr, of the contract. This con
tingency could be guarded against by
putting in the deed a clause providing
that in case of ills default, the proper
ty should immediately revert to the
city.
Regarding the rates demanded foi
street lamps, I had a talk with Homer
Carretson, who ran the plant here
some eight or ten years ago, and he is
of the opinion that eight dollars per
lamp is a reasonable charge, consider
ing the increased price of coal and
electrical supplies.
If the prices are too high, or if the
demands made by Mr. Connolly are
too great, these are matters of detail
which might be adjusted by a confer
ence with Mr. Connolly or his repre
sentatives, but propositions like the
present one come to us too rarely to
be allowed to go by default. This
would be a proper subject for discus
sion by the commercial club, which
ought to hold a meeting prior to the
next meeting of the city council, and
recommend some action one way or
the other. Very respectfully,
E. H. Whelan.
Business Notices.
Brennan has bale ties for sale.
Car load of bale ties at Brennan’s.
Go to Brennan’s if in need of bale
ties.
See McNichols for flour, feed and
grain. ll-3mo
Do not sell your grain until you see
McNichols. ll-3mo
For farm loans see Lyman Water
. man, O’Neill. 45-tf
Furnished rooms to rent, inquire 3
blks. west of convent.
Mrs. A. S. Younkin.
Durocks good as grows for $15. Boars
gilty up to 200 pounds. Come and see
them. Address 55. Warner,
Atkinson, Neb. R. F. D.
A New Year’s dance will be given
, at the opera house on Monday night,
January 1, which promises to be a
pleasurable social event.
Wanted—Bright, honest, young man
> from O’Neill to prepare for paying
; position in Government Mail Service,
s Box One, Cedar Rapids, la. 27-8
1 When wanting an auctioneer call on
■ or write me. Sales over $1000 1 per
! cent: a mininum charge of $10 for
• small sales.—Joe Schinder, O’Neill,
> R. F. D. No. 1. 27-2
Notice—All person owning me are
3 hereby notified that all accounts not
r paid or satisfactorily settled on of be
fore January 1,1906, that they will be
5 placed in the hands of an attorney for
• collection. Frank Leahy. 2-w
^ Excursion Rates for the Holidays.
Via the North-Western Line. Ex
cursion tickets will be sold at reduced
rares December 22, 23, 24, 25, 30, 31,
1905, and January 1,1906, good return
1 ing until and including January 4,
’ 1906, to points on the North-Western
p Line, including January C. St. P. M.
& O. It’y., to points on A. T. & S. F.
3 R. R., Denver, Rio Grande R. R., and
" Colorado Southern, Denver to Trini
kad, inclusive, and Colorado and
c Southern points, Orin Jet. to Chey
enne, inclusive, also to points on D,
s S. S. & A. Ry. and Mineral Range R.
! R. Apply to agents Chicago & North
Western R’y.
n
m ’
Notice.
Having disposed of my meat market
.- and desi reous of closing up all accounts
and all persons knowing themselves
indebted to me will confer a favor by
e calling and settling at once. For the
}• next ten days can be found at the
O’Neill National Bank. 2-w
John Miskimins.