Nebraska Newspapers

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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
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