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About The frontier. (O'Neill City, Holt County, Neb.) 1880-1965 | View Entire Issue (March 30, 1906)
> V1 A. ELIA I' HKJiy VOLUME XXVI. O'NEILL, NEBRASKA, THURSDAY, MARCH 30. 1906 NUMBER 40~ PRECEDENT IS RATIFIED Jury In Irwin Case Hews Close to Old Land Marks. SAYS CEARNS WASN’T MURDERED \ Mills of Justice Acquit Man Charged With Stabbing Another A Year Ago Near Badger. The verdict of not guilty in the Irwin murder trial, returned Tuesday by twelve men in whose hands hung the fate of Myron Irwin for more than a week, is a ratification of the prec edent established in this county since the memory of man runneth. In looking back over the criminal annals of the county to the days when every man, with his good six shooter, was his own court of justice, one is struck with the singularity that not one man has ever traveled the road to the penitentiary or gallows for the crime of murder, save one individual, whose alleged victim died several months after receiving a charge of bird shot in a lower limb. While many men have been dressed in stripes for a period of from one to fifteen years for various petty crimes, the few who have caused a vacant chair in happy homes and dimmed the luster in a mother’s eye no jury has seen fit to recompense, except the one whose verdict was set aside in the former trial of this case. The prosecution in the case just closed wove a net of evidence about the defense that was fully as strong as in the first trial of the case; the court’s instructions, conceded by every one who heard them read in open court to be perfectly fair and imparti al, were lucid and direct; the evidence, boiled down, disclosed that there had been a killing with n<J probable intent on the part of the victim to draw the life-blood or seriously injure the slayer. County Attorney Mullen and At torney A1 Tingle were associated in the prosecution of the case during the trial. Each in their plea before the jury made strong and logical agruments to show that the safety and welfare of society depends first of all upon the protection of human life and that all the other safeguards for the protection of property and indivi dual rights, important and essential in themselves, are secondary to man’s first and sacred right—-the right to live. Attorney M. F. Harrington, whose reputation for putting up a defense in cases of this nature has become well established, literally took his coat oil to save his client. As is cus tomary in these cases the defense put up the plea of justifiable killing. The Irwin case was called in court last Tuesday morning, Tuesday and Wednesday forenoon being occupied in drawing a jury. The jury was called by Frank Campbell, who was appoint ed special commissioner for the pur pose, the defense alleging prejudice on the part of Sheriff Hall. By nine o’clock Saturday night the evidence was all in. Monday morning the arguments began and were concluded about five o’clock that evening. Mr. Tingle lead out in the argument for the state in a strong and logical plea for the right of human life and the majesty of the law, being followed by Dick Johnson for the defense. Then the noon ad journment was taken. At 1:30 Mr. Harrington took the floor in defense of Myron Irwin and a castigation of the Cearns family. For two hours Mr. Harrington plead with the jury, endeavoring to show that there was reason to believe the killing was ac cidental or done in self defense, im pressing on the minds of the jurors that the defendant was entitled ti the benefit of every doubt and de nouncing the Cearns family in strong terms. Mr. Harrington laid par ticular emphasis on the actions ol Robert Rumsey, a friend of Irwin and a witness for the defense, in get ting Irwin away from the scene of the killing. Rumsey was with Irwin at the time and the evidence showed he got Irwin away from the scene at once. Out of which Mr. Harrington endeavored to show that Rumsey knew the Cearnses to be men of quick temper and desperate action and feared for the life of irwin when the boy’s father, who was some distance away, should arrive. Mr. Mullen, when he had taken the floor, shattered this argument and dramatically appealed to the jurors if either of them would not be moved to raise their arm in revenge should they find a son of their’s lying dead on the field. Mr. Mullen reviewed the evidence in a clear and impressive manner and with logic and force punctured that of the defense full of holes. The court room was crowded with men and women the last day of the trial to hear the lawyers plead. Robert S. Cearns, father of the boy who was killed, attended throughout the trial, his wife being present the last day. While disappointed at the outcome of the trial, their grief over the loss of their son is far greater than could ever be atoned for in a court of law. Mis. Cearns says the two trials have cost them $1,500, but with their boy in the grave they could not but make some effort to obtain justice. _ RACING CIRCUIT. Further Details Effected for This Sea son’s Races. An adjourned meetiog of the North Nebraska Short Shipment Racing Circut was held at Neligh last Thurs day, the O’Neill association being re presented by its secretary, S.J. Weekes. The town of Tilden was admitted to the circuit in which there are now eight towns consisting of Norfolk,Bat tle Creek, Neligh, O’Neill, Creighton, Madison, Stanton and Tilden. The meeting was well attended and much enthusiasm was manifested over the prospect of the circuit having many of the best horses in the west among the entries. Liberal purses will be offered, no purse for a harness race being less than $200. O’Neill was for tunate in getting desireable dates, which will be September 5, 6, and 7. The Circuit decided to add a new feature to its meetings this year and appointed a committee consisting of Mr. Weekes of O’Neill, Mr. Cole of Neligh and Mr. Hancock of Stanton to make the necessary arrangements to put on the new attraction, which will be that of a first class show with a good band. The band will play for the races and the show will furnish en tertainment for the public in the evening. It is thought by this ar rangement that people will not only be given much more entertainment for their money but that it will be a great saving to the respective towns in the matter of hiring a band for each meeting. Wedding Bells at Agee. At the home of the bride’s parents, Mr. and Mrs. George Bowden, on Wed nesday, March 21, occurred the mar riage of their eldest daughter, Ivy, to Curtis Spelts of Leonie, Justice P. J. Lansworth officiating. The bride wore a becoming gown of white chiffon. The groom wore the customary black. The bride is well known in this com munity, having always lived here, and her frienas are numbered only by her acquaintances. The groom is also well and favorably known here. The newly married couple left Thursday morning for Omaha, where the groom has accepted a position. A number of useful and beautiful pres ents were received. Neighbor. Make me an offer for my 160 acres of land, Wi, NEi, NWJ, sec. 15-25-15, in Swan township. Address G. N. Burg liardt, 1529 Lafayette 1st., Denver, Colorado. 40-1 M. DOWLING. President JAS. P. O’DONNELL. Cashier SURPLUS • $55,000.00 I O’NEILL NAT’L BANK 5 Per Cent Paid on Time Certificates of Deposit This Bank carries no indebtedness of Officers or Stockholders LOCAL MATTERS. C Downey for Insurance. Farm and stock a specialty. 38-tf The Frontier has a stock of good typewriting paper. William LaViolette, sr., was in Omaha Friday on business. Mrs. S. J. Weekes went to Omaha yesterday for a visit with relatives. John Deere 3 lever Disc with wood en boxes beats all, at Neil Brennan’s. 40-2 A son was born to William and Jes sie Gahagan of Grattan township on Monday. A carload of farm machinery arriv ed and we will make prices. Neil Brennan. 40-2 Frank Harnisli went to Norfolk Sunday, he having a position in the asylum there. Wanted—A competent girl for gen eral housework, good wages paid. Mrs. Ed F. Gallagher. 40-tf Otto Leunnerman and Flora Clyde, both of Page, were granted license to wed Saturday last. For sale or rent, four room house and two lots in west part of town. In quire of Chas. Bausch. 40-lpd Osmond Republican: Mr. Barnett, of O’Neill, a photographer, was in town last week looking for a location. Frank Phillips was in from Star Monday and Tuesday, getting out some printed matter to boom his real estate business. Dick Murry left Saturday morning for Melrose, Iowa, in answer to a telegram saying that his father was not expected to live. For Sale—A church organ in good condition, can also be used as a school or cottage organ. Inquire at G. W Smith’s Temple of Music. 35-tf Lloyd Gillespie is having a touch of bachelor’s life, his wife and little daughter being at the home of Mrs. Gillespie’s sister at Coleridge. Whats the use of tying up your stove grates with wire, get the name of stove, manufacturers, and bring it to Brennan’s. We can get it for you. 40-2 Rev. L. Grotherr, of Chambers, will preach Sunday morning, April 1, at 10 o’clock a. m., at the Union church 5 miles northwest of O’Neill. Services will be German Lutheran. Henry Zimmerman went to Stuart Sunday to attend the funeral of Dr. Hunt, remaing there for a few days and being accompanied home by his daughter, Mrs. Sturdevant. Mrs. Mack is having a house built for herself near the home of her daugh ter and son-in-law, Mr. and Mrs. Gray, north of town, she having sold her place here in town to Mrs. McCabe. Otto F. Tappert, for many years traveling representative of the Stand ard Oil company in North Nebraska and quite well known in O’Neill, committed suicide at Norfolk Thurs day last by taking carbolic acid. Two business changes took place this week. John Horiskey becomes the sole properitor of the Horiskey & Poe meat market. The Peeler res taurant has passed into the hands oi Henry Rits and S. L. Thompson. The Rev. T. W. Bowen’s subject foi next Sunday evening will be “Manj Made Righteous.” The Annual Con gregational meeting of the O’Neil' Presbyterian church will be held on Thursday evening, April 5th, at f o’clock. Fourteen members of the O’Neill Odd Fellow lodge went to Atkinsor Tuesday evening on invitation of th< Atkinson lodge. Visitors from tlx Newport, Stuart, Dustin and Cham bers lodges were also present. Thej returned the next morning and re ported a profitable time. An entertainment will be given al the Leonie Methodist church or Thursday evening, April 5. The fol lowing program has been prepared Instrumental music, invocation “Rock of Ages,” “Little Gretchen,” instrumental music, “Nobody’s Child,” “Before the Pledge,” instru mental music. “After the Pledge,’ instrumental music. Admission 1< and 15 cents, proceeds for the benefit of the church. The program for the next meeting of the Tuesday Club will be: Pianc solo, Miss Hagerty; biography of Wil liam Cullant Bryant, Mrs. E. R Adams; “Bryant, and How Hi! Friends Regard Him,” Mrs. E. H Whelan: “To a Water Fowl,” Mamit Morrow; Biography of Longfellow Mrs. Ed F. Gallagher; “What dc Longfellow’s Contemporaries Say o Him and His Writings,” Phoebe Mul len; vocal selection, Mrs. Stout; “Com parison of Bryant and Longfellow,’ Mrs. C. B. Scott; “Death of Minnii Haha,” Mrs. P. D. Mullen; roll leal with responsive quotations from Bry I ant and Longfellow. The meetini I will be held April 3, at the home o Dr. and Mrs. Gilligan. 0 Beginning Wednesday of next week, the North Nebraska Teachers’ associa tion holds a meeting at Norfolk, con tinuing over Friday. Prof. J. V. Dwyer of this city is on the Thursday afternoon program, "Thorough Work In Our High School; How May It Be Secured,” being the subject assigned him. Among the prominent speakers to be at the meeting are Dr. Thomas E. Green, Mrs. Frances Carter, Dr. G. E. Condra of the state university and State Superintendent McBrlen. Again The Frontier has to call the attention of people who desire items published that the editor must posit ively have the name of the person who sends in any item. The Frontier em phatically will not publish items mail ed to this office unless the person writing them discloses their identity. A nom de plume will do to put after your item or items as they appear in the paper, but the editor wants your name, not for publication, but as a guarantee that the item or items are sent in good faith. We have to re ject some matter this week on this account. Prof. H. T. Sutton spoke to a large audience at the court-house Sunday evening on the subject of temperance from, as the professor put it, “The Christian’s Standpoint.” Prof. Sut ton did not drift into the usual sym pathetic strain of the temperance lec turer, but presented arguments and reasoning for his beliefs as one who appreciated the fact that he was talk ing to reasonable beings. The lectur er held the closest attention of the entire audience, with the exception of a number of restless and overly smart boys in the rear, who ten years from now will very much regret their con duct and efforts to make a disturbance. The sale of high bred Short Horn cattle and Perchern horses at the Cronin farm last Thursday was well attended notwithstanding not the best of weather prevailed. Cattle sold on an average of over $94 per head. Horses brought equally as high prices. Peter Kelly of this city bought three handsome mares at a price quite un usual for horse flesh in this country, he paying $990 for the three. Much of the stock, Mr. Cronin says, was bought by farmers in the county who heretofore have not dealt in high bred ani naals. One bunch of cattle went to dfie&f the cattle counties west of us, a few to Madison county and some to the Bonesteel country. Spencer Advocate: An important business transfer took place last Tues day by which the stock, real estate and business of J. C. Morrow, the lumber man, was added to that of the Nye-Schneider-Fowler Co. Just what the consideration was we have not learned, but it must be quite a sum. Mr. Morrow has been one of Spencer’s most enterprising and public spirited business men for the last four years. He is a conservative, broad minded, tip top good man and the whole town is sorry to have him sell out and go away. He has stock in the Clipper mine which promises much, and then he has a good business opportunity out there which of course is wise to improve. _____ To the Public. We have a very large stock of furni ture and hardware that we wish tc turn into money and for the next thirty days, special bargains will be on all goods purchased. It will paj you to examine the stock and prices. After thirty days we intend to adc several thousand dollars in goods tc the store. Everything will be up-to date and sold as cheap as can be giver bought anywhere. Goods will b( bought generally in car load lots anc saving will be made at every point ir order that the purchaser may get th< benefit. This town deserves and wil have a first class hardware store when can be bought at prices as low as any where in Nebraska. Your patronagi is solicited. 38-3 Golden Frunture & Hardware Co Low Rates to Los Angeles, Via the North-Western Line. An ex cursion rate of one first class limited fare for round trip, will be in effec : from all stations April 25 to May 5 inclusive, with favorable return limits on account of Imperial Council Nobles of Mystic Shrine. Three fast trains through to California daily “The Los Angeles Limits,” electrh lighted throughout, via the new Sail Lake Route, with drawing room anc tourist sleeping cars. “The Overland Limited, ” electric lighted throughout less than three days enrouted. An other fast daily train is“The ChinalJ | Japan Express” with drawing roon and tourist sleeping cars. For itin eraries and full information apply t< agents Chicago & North-Western R’y Notice to Creditors. I I want to close up all of my account . by April 1, 1906, and will be at m; r former place of business till that date • All who are owing me will please cal r and settle in some manner by tha time. 37-4 John Mann. AN OLD SETTLER CALLED. Mrs. T. N. J. Hynes, One of the Pion eers, PasseR Away. Anna, wife of T. N. J. Hynes, de parted this life at 5 o’clock p. m. on Saturday, March 23, at the family home in this city, death resulted from apoplexy. The deceased was among the earliest pioneers who came into the prairie wilderness of north Nebraska in the seventies. She was a native of Ire land, where she was born on October 29,1853, being 52 years, 4 months and 25 days old at her death. She came to America in I860 with others of her family. In 1876 she was married to Mr. Hynes at Omaha, and soon there after they settled here. She was a member of the Degree of Honor, in which order she had 82,000 insurance. The funeral was held on Monday at St. Patrick’s Catholic church, the Degree of Honor taking charge of the funeral and providing some very beau^ tlful floral tributes. Mrs. Hynes is survived by her hus band, two daughters and one son, Mrs. Mary Jilg of Atkinson, and Nellie and Willie Hynes. Mrs. Hynes was a sis ter of John and William O’Fallon. UP TO THE VOTERS. Petitions Alt Filed for the Municipal Ticket. The nominations have all been made for city offices and it is now up to the voters to say who they want in au thority next year. The official ballot will contain the names of the follow ing candidates: For mayor—D. A. Doyle (incum bent), Ed F. Gallagher. For treasurer—James F. Gallagher (incumbent.) For clerk—W. K. Hodgkin, Romalne Saunders (incumbent). For police judge—E. P. Hicks, Sher ridan Simmons. Councilman First Ward—T. D. Hanley (incumbent), H. A. Polk. Councilman Second Ward—Nell Brennan (incumbent), M.H. McCarthy. Third Ward—J. B Mellor, Henry Zimmerman (incumbent). Election falls on Tuesday next, April 3, the polls being open from 8 o’clock in the morning until 6 o’clock in the evening. Shortage oi Competent Teachers. Miss Zink is considerably concerned over the apparent carelessness and in difference of many teachers of the county in the matter of better equip ing themselves for their profession. She thinks there will probably have to be some new teachers brought into the county from elsewhere unless some of those now here will manifest a greater interest in educational work. Miss Zink says she is experiencing much difficulty in getting teachers ic the outlying districts to take up the work designed for the betterment of themselves and schools Among other things started is the reading circle, which has been pre scribed for a number of years through out the state but has never beer adopted here. Out of some 200 teach era in the qounty, only about fliftj have taken hold of this work. Miss Zink contemplates issuing i small monthly paper for the benefit of the teahers of the county, and i undertaken the first number will b< out for distribution at institute. Nicholizack Case Called. The case of the state against Josepl Nicholizack on a charge of crlmina assault was taken up for retrial in dis 1 trict court Tuesday. The defendant was found guilty in the second trial an( the case taken to the surpreme court : where it was remanded for a thin trial. „ _ The following is the jury: E. B ' Sharp, William Myers, R. J. Clark, E ’ E. Cole, S. S. Smith. Fred Mulford i Joe Schindler, F. D. Smith, Otto Cle visb, C. W. Yantzie, T. C. Cantwell and Albert Brown. MEETS A MIC DEATH Dr. Hunt of Stnart Crashed Under Car Wheels. FRIGHTFUL ACCIDENT FRIDAY Was Here As Witness In Irwin Case and Killed As He Attempted to Catch Train for Home. Dr. S. F. Hunt of Stuart met a tragic death in O’Neill about 430 Friday afternoon, March 23, he being crushed beneath the wheels of a caboose on freight train No. 63 on the Northwestern railroad. Dr. Hunt had been in O’NeUl as a witness at the Irwin murder trial and had gone to the depot to cash a train for Stuart. A freight train was standing at the station about ready to pull out. It appears from circum stances surrounding the said and tragic affair that the doctor stood on the outer edge of the depot platform opposite the door of the men’s wait ing room and waited until the train pulled up, intending to catch the way car as it was drawn up. As the car was passing he grasp the iron rod on the side of the car but could not throw himself onto the car platform. In some inexplicable and mysterious manner was caught by the revolving wheels below and drawn down across the rail between the two right-hand wheels of the front truok. In this position he was drawn along over the track a distance of some twenty or twenty-five feet before the wheels passed over him. Death resulted in stantly, the post mortem later disclos ing that nearly all the vital organs were crushed to a jelly, the back bone severed, but the skin not broken. Operator Hess, Agent E. R. Adams and the conductor of the train were tlie three witness to the tragedy, but all were powerless to save the unfort unate man. Tne operator saw him drawn under the car as he sat at his desk in the office but could not get out I in time to do anything. The agent and conductor were at the west end of the depot and could not get to him. Mr. Adams signaled »tbe en gineer but could not get his attention In time to stop .the train before the doctor was ground beneath the wheels. Mr. Adams says when he first saw Dr. Hunt under the car he waB strag gling to release himself. Mr. Adams says he immediately ran to the high platform at the west end of the depot and signaled tUfi engineer. As soon as those at the depot had realized what had happened, Coronet Flynn, Sheriff Hall and County At torney Mullen weie notified. The body was conveyed to the woman's waiting room, a jury empanelled And post mortem examination made by local doctors. The remains were pre pared by Undertaker Biglin for ship ment to Stuart, Sheriff Hall going up with them on the 10:20 train that evening. An inquest was held Saturday even ing, witnesses being examined by the railroad’s claim agent, the crew in charge of the train by which Dr. Hunt was killed all being present to testify, as was also a number of our citizens. The jury returned a verdict exonerating the railroad company. The funeral was held at Stuart Sun* day afternoon, the railroad company ' sending out a special train to convey those of O’Neill and Atkinson to Stuart who desired to attend the I funeral. About thirty O’Neill people attended. | Dr. Hunt was one of the best known physicians of the county, having been for over twenty years a resident of Stuart. He was forty-seven years of 1 age and leaves a family. The Frontier for job work. Announcement A ^ Having bought the John Mann Harness Shop and restocked It with new goods I invite those needing anything in the Harness line to come in and see me. A full stock of the best goods at prices that will please you. A square deal to everybody and nothing but honest goods sold. At the old stand on Douglas street i E. S. Gilmour. Highest Cash Price Paid for Hides ' -