The Frontier. VOLUME XXXV. O’NEILL. NEBRASKA. THURSDAY DECEMBER >7 1914. NUMBER 27 CHRISTMAS OPENINf! ^ To All the Ladies of O’Neill and Vicinity: We extend a cordial invitation to you all to call at our store Saturday, December 19, 1914 and receive a box of Delicious Candy, absolutely FREE of charge. This is for One Day Only, Saturday, 19th. Also on that day we are going to offer you some of the biggest bargains ever offered in the city of O’Neill, such as: i 111 —. i i. 1 1 .""i Outing Fle.ru.el LADIES’ COATS, SUITS AND SKIRTS jh.*„ a /-•,r.a.0ur Entire stock at 6— All our $25.00 Coats at.$12.50 ^ , /v m 1 r J All our $20.00 Coats a, . 10.00 1 ^ICC, One Day Ollly yCle t!!°ur !!*'!! r°?a!.9;!t 2 Saturd’y, Dec. 19 . , .. . All our $15.00 Coats at. 7.50 « • " This is absolutely the best 12 1-2 | cent flannel you can buy. We are also showing one of the biggest lines of Holiday goods ever shown in the city of O'Neill. Let us help you decide. Don't forget to call at our store, Saturday, December 19• Absolutely free of charge you will get a box of candy. We expect to see you in our store Saturday. — c£& Service and Quality Kbuoaa-e 17 O’ltTelll, ItTeTorsoslca, |FREE| In District Court. The case of the state of Nebraska vs. John J. Hall, who was tried in the . district court last week for the mur der of Willis Hopkins, was submitted to the jury last Friday afternoon about 5 o’clock and the jury returned a verdict the next morning about 9:15, finding the defendant not guilty, and he was discharged by the court. The pleas in this case were made Friday. The opening plea was made for the state by County Attorney Hodgkin. We did not have the pleas ure of listening to the arguments in the case but it is said by those present that Mr. Hodgkin made a splendid argument for the state. He addressed the jury for one hour and a half and brought to their attention points in the evidence that the state believed were sufficient to secure the conviction of the defendant. His thorough command of the various points in the case, as brought out in the evidence and the clear and able manner in which he presented it to the jury won much favorable comment from the vast au dience that were present to hear the arguments. Attorney J. A. Donohoe made the first argument for the defense and it is said that he made one of the most forceful pleas for his cliant that he has ever delivered in court and the Senator has delivered some good pleas during the ten years that he has been practicing law. His argument was along the line of self defense, that the defendant had a perfect right to walk along the street without being assault ed and that if he was assaulted he had a perfect right to defend himself. A. F. Mullen then closed the argu ment for the state. Mr .Mullen made a very strong plea for the state, and out side of the vindictiveness shown in some of his remarks, was one of the strongest pleas he has ever made be fore a Holt county jury. The vin dictive manner in which he went after leading counsel for the defense tended to lose some of the force of his argu ment. He held that the assault was entirely unprovoked and that it was evident from the fact that the de fendant had his knife ready for Hop rins when he met the latter. He urged the conviction of the defendant in or der to show that the day of a man killing another in this county and get ting off was relegated to the past with other former unlawful acts. M. F. Harrington made the closing argument for the defense and his argument was listened to by a crowd that taxed the seating capacity of the court room to the limit. He went back into history for several hundred years in order to show to the jury that nations as well as individuals did not wait until they were down and out be fore starting in to defend themselves. During the civil war he said President Lincoln did not wait until the con federate army had possession of the national capital before he took meas ures for safe guarding Ithe union. Germany, in the present war, did not wait until the other nations had her down andjOut before starting in to de fend herself and like wise individuals, he said, they were not compelled to wait until they were licked before de fending themselves. That they were justified in protecting themselves and that was what his client was doing when he inflicted the injuries upon Willis Hopkins on the 27th day of last June, which resulted in his death in Jnly. Mr. Harrington spoke rapidly and with a positiveness and sincerity that greatly impressed the jury and the audience. The jury deliberated all night and agreed upon the first ballot taken after breakfast next morning. It is rumored that the first ballot stood six for conviction and six for acquittal. The case of Leonard Mielke vs. the Great Northern Railroad Company was taken up Monday morning. This is a damage case where Mielke sues the Great Northern for $35,000.00 damages for injuries alleged to have been re ceived while in the employ of the company as a brakeman at Garretson, S. D., on July 16, 1912. In his petition he alleges that while on top of a box car in the railroad yards at Garretson, S. D., on the above date while setting brakes on a string of box cars that had been shunted upon a side track four other cars were sentdown against the car upon which he was setting the brake; that while in a stooping position to grasp the brake the other cars bumped into the car upon which he was causing him to lose his balance and fall off the car and as a result he lost his left arm and his right leg was torn, mangled and bruised. The railroad company, in defense of the action, alleges that he was a stu dent brakeman and that the trip in which he suffered the accident was the first he ever made as a brakeman. They further set up as a defense that when he signed the contract as a student he gave his age as 22 years when as a matter of fact he was only 18 years of age at the time, and that being under age and that he was a student and was not in the employ of the company. The plaintiff proved that defendant had worked for the company for two years in the yards at Sioux City and that if he were under age that the railroad company would have knowledge of that fact. There are several fine points in this case, some of which will have to be decided by the jury. On the question of the age of the plaintiff the court in structed the jury that if they found from the evidence that plaintiff did misstate his age, still if the defendant knew he was a minor under the age of 21 years he would be an employee and they would be bound by any acts-of negligence on their part. In addition to the under age of the plaintiff de fense set up the fact that it was not the negligence of the company that was responsible for the accident but the negligence of the plaintiff himself; that instead of being knocked off the car that he walked off. The case was concluded and given to the jury Wednesday morning. M. F. Harrington and H. E. Siman, of Win side, Neb., appeared for the plaintiff, while J. S. Kennedy, of Sioux City, and J. A. Donohoe, of this «ity, ap peared for the defendant. The case of the First National Baak, of Campbell, Neb., vs. Edward Glebe, was tried Wednesday. This was a suit on a note brought by the bank against Glebe. Defendant claimed that the interest rate on the note had been changed after he had signed the note and that it was therefore invalid. (Continued on page four.) McManus’ Bid Money Savind Sale Continue-—— January 1, 1913*!