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*!
