I I |)NTIER.
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VOLUME XLI. O’NEILL, NEBRASKA, THURSDAY, DECEMBER 1, 1921. N0 26.
HOLCOMB ACQUITTED „
IN OLSEN KILLING
Jury Out But Short Time... County At
torney Scored By District Judge.
Walter Holcomb, ranchman resid
ing southeast of Chambers, this
Thursday, afternoon, was acquitted by
a jury in district court for the killing
of George Thomas Olsen, on the Hol
comb ranch, Sunday evening, August
7. The jury was out but a short time.
The case was the last jury one of the
term. Judge Robert R. Dickson, after
the filing and reading of the verdict
by the clerk of the court, addressed
the jury, telling them that it was the
only verdict that could have been re
turned under the circumstances and
then bitterly and scathingly arraigned
County Cttorney Lewis Chapman for
his actions, or failure to act since the
shooting of Olsen.
“This action should never have been
brought in this manner,” declared the
judge. Had the coroner, the county
attorney, donehis duty when the shoot
ing occurred this defendant never
would have been here on trial, or else
he would havp been on trial on a
charge of second degree murder.”
The judge called attention to the
fact that County Attorney Chapman
had failed to personally supervise an.
inquest over the dead man, Olsen, had
failed to properly delegate authority
for the holding of the inquest and had
neglected at the time to make diligent
inquiry into the shooting.
“Had he done so,” the judge de
clared, “Holcomb never would have
been tried and the county would have
been saved an expense of at least
$500, or else Holcomb now would be
on trial for murder in the second de
gree.”
The hearing began Wednesday
afternoon and has atjtracted a
large attendance. Holcomb, who is
charged with manslaughter, is repre
sented by H. M. Uttley and John Har
mon and the prosecution is being
handled by Deputy County • Attorney
Donald Gallagher. County Attorney
Chapman, although in evidence re
clining at ease with his feet on a table
in the rooms of the checker club just
before noon Wednesday when court
recessed for dinner, was not present
in the court room at the opening of
the trial. Holcomb’s wife and chil
dren are present at the hearing. The
orphaned little ones of Olsen, the dead
man, are not. Twenty-one' witnesses
have been subpoened for the hearing.
The following account of the shooting
of Olsen is republished from The
Frontier of August 11:
“Thomas Olsen, a real estate man
and cattle buyer of Chambers, was
shot and instantly killed by Walter
Holcomb at the Holcomb ranch, six
miles east of Chambers Sunday even
ing about 7:30.
“Olsen and a Chambers garage man
named Rudolph Horacek were driving
near the Holcomb ranch when their
car broke down. The driver went to
-the Holcomb ranch for aid. Mr. Hol
comb promised to hitch up and pull
them to town as soon as he had un
loaded a jag of hay he had on the
wagon and had hauled up to the feed
lot. While Holcomb was unloading the
hay both Olsen and Horacek Went up
to him and both were under the in
fluence of liquor. Olsen started in
abusing Holcomb and started toward
him with a pitchfioirk he had picked up.
Holcomb assisted in getting the fork
away from him and then Olsen and
Holcomb clinched and rolled around on
the ground for a time. Olsen was the
heavier and he soon wore Holcomb
out. As soon as Holcomb could break
away he ran to the house and secured
a 25-30 rifle and then came back to the
yard where Olsen again attempted to
attack him. Holcomb’s wife and chil
dren were with him and Holcomb, his
wife and children retreated into the
pasture, being followed by Olsen.
Holcomb told him repeatedly that he
would shoot if he continued to ad
vance, but Olsen continued going to
ward him and Holcomb shot him.
“Officials in this city were notified
of the killing Sunday evening and
Deputy Sheriff Bergstrom was ap
pointed Deputy County Coroner by
County Attorney Chapman and he
went to the Holcomb ranch and held
an inquest that evening. The coroners
jury found that Olsen had come to hii
death from a gun shot wound inflict©;
by Walter Holcomb.
“Walter Holcomb and Rudolph Hor
acek, the man who was with Olsei
when he was killed, were in the citj
Monday and iwere interrogated bj
County Attorney Chapman. So far nc
complaint has been filed against Hol
comb but the County Attorney an
nounced Wednesday evening that h<
would go to Chambers some day this
week and hold a preliminary eaxmina
tion on the killing.
“The general opinion here and in tht
Chambers country, as far as we have
been able to learn, is that Holcomb
killed him in self defense.”
The following account of his ai
raignment is taken from The Frontier
of August 25:
“Walter Holcomb, who killed
Thomas Olsen at his home near Cham
bers, on August 7th, was arrested on
a charge of manslaughter last Satur
day. He was brought to this city and
waived preliminary before County
Judge Malone and was 'bound over to
the district court, bond being fixed at
$3,000, which was fumieshed.”
The charge of manslaughter on
which Holcomb was tried in the dis
trict court, on a complaint of the
county attorney’s department, pre
vented going behind the straight and
admitted fact of the killing to prove
or attempt to prove that there ever
had been any difficuly between Hol
comb and Olsen previous to the day
of the killing, any disagreement or
trouble. A second degree murder
murder charge would have permitted
going into these things.
The case as tried Wednesday and
Thursday cannot fail to impress upon
the public mind that the taking of a
human life in Holt county at present
is but a trival matter deserving per
haps of a feur lines in a newspaper
for the satisfaction of the morbidly
curious, but otherwise practically not
entitled to notice. The court and jury
did the best they could with the ma
terial which they had to consider.
The verdict, which was the only one
that could have been rendered on the
evidence, is satisfactory in that all
those who know Walter Holcomb and
family do not believe that he did or
could commit a wanton murder, but
there are many in southern Holt
county who contend, as Judge Dick
son said in court, that the affair, in
justice to Mr. Holcomb, was deserving
of a more thorough and efficient in
vestigation at the time. It is evident
that these things Were running
through the mind of Judge Robert R.
Dickson when he so unmercifully
scored County Attorney Chapman.
The county attorney iwk
part in the trial of the case Wednes
day and Thursday. Wednesday after
noon he spent in the front room of
the storeroom immediately north of
the postoffice, in full view through u
large plate glass window, engaged in
playing checkers with Joe Burish, a
mental incnompe>ent for whom the late
Ed. F. Gallagher was appointed guar
dian by the county court and for whom
James F. Gallagher, president of the
First National bank now is acting as
guardian. Many jurors and others at
tending court from the country viewed
the spirited checker game between the
county attorney and Mr. Burish,
through the plate glass window, while
up in the district court room the
deputy county attorney, a young man
but recently graduated from law
school, and who under the law must
serve (without pay or remuneration,
was trying a Holt county young man
for killing another Holt county young
man.
The daily newspapers of Wednes
day carried in their associated press
reports an account of the report of
Major General Wood, governor gen
eral of the Phillipine Islands, and
Former Governor General Forbes, to
the president of the United States and
the congress, of the present condition
in the Phillipines. One section of the
report is as follows:
“We find there is a disquieting lack
of confidence in the administration of
justice, to an extent which consti
tutes a menace to the stability of the
government.”
As stated above, the quotation is of
conditions in the Phillipines, not Hoi;
' 45 CENTS
Cash'- E^s
APPLES, PER BOX . $2.25
PLUM PUDDING, PER CAN .50c
! BRAZIL NUTS, PER LB. 25c
| DILL PICKLES, PER CAN. 30c
! CRANBERRIES, PER QT. 20c
SWEET CIDER. PER GAL. 85
30c IN TRADE PAID FOR
COUNTRY BUTTER.
J, C, Horiskey
WeSeii Skinner^ «.| *■ .
the highest grade Maoaron* |I 0111 ND[1
l Spaghetti, Egg Noodles anc || llullll llUUl
| other Macaroni Product*
----
i county, but it might be applied here
I by the more pessimistic.
While the jury in the Holcomb case
was deliberating Judge Dickson sum
moned to his private office County
Attorney Chapman, the deputy county
attorney and the sheriff, to inform
them of a shooting affair which took
place out on the Niobrara river just
west of the Whiting bridge, in this
county, last Thursday evening. The
shooting has been common goqjsip on
the streets and about town for three
or four days, but no move had been
made to investigate or take action, to
the knowledge of Judge Dickson. D.
McMillan, who resides west of the
Whiting bridge was shot by Al.
Pruyn, at the McMillan place the even
ing referred to. Pruyn and a com
panion, Bert Colwell, had gone to the
McMillan place earlier in the evening.
Pruyn’s account of the shooting, given
to Sheriff Duffy several days ago,
varies from that of McMillan, given to
neighbors, as to who was the aggres
sor. Dr. Bradley of Spencer, has been
looking after the wounded man. Pruyn
is said to have a prison record arrow
ing out of the shooting of a man at or
near North Bend, and at present to
be out an parole, which perhaps gives
him a right to pack an automatic al
though the statues make gun toting a
felony. The officers were ordered by
Judge Dickson to immediately investi
gate the affair and to take the neces
sary action. County Attorney Chap
man did not remain at the conference
with the judge very long. It is under
stood that Sheriff Duffy and the
deputy county attorney may go out to
the scene of the shooting Friady
morning.
ELECTRIC COMPANY
BURNING CORN
The O’Neill electric light and
power company, the Hanford Produce
Company, is burning corn under its
immense boilers. The company, which
is the largest steam electric concern
west of Fremont to the Black Hills,
supplies light and power to the city
and heats its principal buildings.
A test was made with a ton of corn
as fuel Wednesday night and the re
sult was so satisfactory as compared
with coal that ten tons of com were
purchased Thursday morning and the
plant put on a com fuel basis. Com
is to be used in a straight twenty-four
hour run in a comparative test of
heat value Iwith the best grades of
coal before it is decided whether or
not the company will burn corn ex
clusively this winter. In any event
com, as long as it remains low oh the
market will constitute a big portion
of the fuel used at the plant.
coSpSJi/'a Tew”cenls,'!esS $
ton laid down at the boiler worn. Coal
costs it a little better than $9 a ton
at the room. The average freight
rate per ton on the coal the company
has been using is $5.62% cents. It
costs. 75 cents per toil to deliver it at
the boiler room. The government ex
acts a tax of 3 per cent on the freight
rate. Exclusive of the cost of the coal
itself at the mine the company thus
has a charge of $6.52 a ton on every
ton of coal it burns. This is but
48 cents less than a ton of corn costs
with all charges paid.
Heating engineers declare that the
com is the superior fuel, except that
it will burn out grates more rapidly
than does coal. The tests to be made
are for the purpose of demonstrating
whether corn as fuel, with the added
cost of grate replacement still is
cheaper than coal. If it is com will
be the future fuel w hile corn and cat
tle are cheap and coal and freight
rates are high. The test here will be
closely watched and reported on to
other public service corporations in
the corn belt, which will follow the
local lead if it is determined that com
is the cheaper fuel.
MRS. A. E. HOLCOMB.
Chambers Sun, Dec. 1.—The Cham
bers Valley people were shocked to
learn that Mrs. Asher Holcomb, after
a few hours illness, had passed away
Monday morning at her home, north
west of Chambers, of heart trouble.
Miss Hattie McDonald was born
near Birmingham, England, and came
to this country when she was eight
years of age, making her home with
a bankers family at Boston, Mass.
She made two trips back to England
when her mother and grandmother
died. She was Matron of a hospital
at Oakland, California, for llwenty
five years, after which she made a trip
to South Africa as a nurse and was
101 days in a sailing vessel on her trip
home.
Mr. Asher Holcomb and Miss Hat
tie McDonald were united in marriage
in 1908 and outside of a short time
spent in Colorado have resided or
their farm northwest of Chambers.
She leaves to mourn her going: Her
husband, Asher Holcomb; and four
step children, Frank Holcomb ol
Mitchell, Nebraska; Mrs. Oscar
Dorothy of Dull Center, Wyoming;
Mrs. William Cooper, Jr., of Douglas,
Wyoming, and David of Powder
River, Wyoming, besides a host oi
friends.
Funeral service* were held at the
M. E. church at 2:30 Tuesday after
noon after which the remains were
laid to rest in the Chambers cemetery
CUSTER COURT ALLOWS
REPAYMENT OF ONLY
$7,500 TO COUNTY
Lincoln, Neb., Nov. 29.—The dis
trict court of Custer county has al
lowed the repayment of only $7,50(
to the county from the state guar
anty fund, out of the total of $44,001
of county funds on deposit in the fai
od People’s State bank of Anselm
Nebraska.
J. E. Hart, secretary of the stat
department of trade and commerci
made this announcement, in report
ing the release of $93,919.93 in draft
on the guaranty fund, to pay deposi
tors. He said the case would prob
ably be appealed.
The attorney general’s office re
sisted the county’s claim on th
ground that under the law the count;
treasurer must limit his deposits t
50 per cent of the capital stock in an;
bank. This bank was capitalized a
$15,000.
The treasurer is W. L. McCandless
USHERETTES ETTE.
Usherettes of the K. C. theater ett
on Manager Martin Cronin, at th
Grand Cafe Wednesday evening. The;
ette turkey and all the fixings an!
trimmings that go with the bird o
birds. The dinner party was grvei
by Mr. Cronin to the young ladies whi
have assisted by ushering at th<
theater and several of the fellows wh<
escort them home after the show als<
were permitted to be present. It wa;
declared a grand evening by al
present.
RETERSON-LOSHER.
Miss Lillian Losher and Mr .Enwii
Peterson were united in marriage b;
the Reverend George LongstaflF Tues
day. The bride is the charming
daughter of Mr. and Mrs. Henrj
Losher of this city and enjoys a larg<
circle of friends. The groom is one oi
the rising young business men of th(
city. The Frontier joins in extending
congratulations and best wishes for £
long and happy married life.
CURTIS-MAJORS.
Mrs. Ella Majors of Chambers, and
Mr. James Curtis of Ewing, were
united in marriage by the Reverend
Ira D. Halvorsen of Chambers, in
O’Neil], Wednesday and left Thursday
morning for the Pacific coast, where
they will make their future home, at
Los Angeles, Both are well known
to a host of Holt county friends, with
whom The Frontier joins in extending
congratulations.
LOCAL MATTERS.
Twenty-three more days until
Christmas.
John C. Addison of Opportunity, was
in the city Wednesday.
No more tax on railroad passenger
fares a"1 ;r the first of the year.
for a visit" wltS
Clear Golden returned to Lincoln
Sunday after a Thanksgiving visit at
home.
The W. C. T. U. will meet with Mrs.
T. Hanley Tuesday afternoon at 3:30
o’clock.
Mrs. H. E. Coyfie left Monday for
a several weeks visit with relatives at
Omaha.
C. E. Martin was in from his ranch
south of this city Wednesday on
business.
Mr. and Mrs. Ed Graham left Fri
day morning for a visit at Omaha anc
other points.
Mrs. George Longstaff left Mondaj
morning for a week’s visit Iwith friends
at Sioux City.
Congressman Moses P. Kinkaid ar
rived Thursday afternoon for a shori
visit at home.
Members of the West End card clul
were the guests of Mrs. Patricl
O'Donnell Monday evening.
George Killinger of Inman, los
seven head of cattle from comstall
disease a week ago Sunday.
Miss Bessie McCloud returned t'
her school at Inman Monday afte
spending Thanksgiving at home.
Bob Brittell, one of the handsom
and stalwart ranchers of souther
Holt, was an O’Neill visitor Tuesdaj
Mrs. Clyde Kiltz and daughter i
southern Holt, have returned from
visit with relatives at Elgin, Illlnoii
Ralph Leidy of Inman, who is hom<
steading In Wyoming, arrived las
week to spend the winter in Ho
county.
The Martez club was entertains
by Mrs. Ben Grady Monday evenini
Mrs. Edward Campbell won the honor
at auction.
Mrs. P. J. O’Donnell was hostess 1
the Monday Nite club this week, Mis
Anna O’Donnell winning high honoi
at auction.
Miss Demaris Stout returned to h<
studies at the university, at Lincol;
Sunday morning after a Thanksgivin
visit at home.
Project Engineer T. C. Middleswa:
of the Atkinson and Ewing feder:
aid road projects was an O’Nei
visitor Wednesday.
Arthur Mullen came up frpm Ornat
Sunday evening on business conneotc
with the district court, returning hon
Thursday morning.
Miss Melissa Scott, who has bet
the guest of her aunt, Mrs. Floj
Keyes of Inman, returned to her hon
in Indiana last week.
Bryan and Stuart Nelson, no
teaching school in Pine Bluffs, W;
oming, spent Thanksgiving 'wi'
Chambers relatives,
The musical department of the W
man’s club will meet Friday afte
noon in the auditorium of St. Mars
academy. Next Wednesday aftemo<
the general meeting of the club w
be at the high school auditoriui
Lunch will be served by the hor
i economics department of the school.
* Ira Moss, clerk of the ditarict court,
spent Thanksgiving with the home
folks at Atkinson.
■' . Boyd county supervisors are con
’’ sidering the employment of a county
' agricultural agent.
A baby daughter arrived at the
. residence of Mr. and Mrs. George P.
Murphy of Josie, Monday.
W. J. McNichols of Lexington, is
3 visiting his father, S. F. McNichols,
f and other O’Neill relatives, for a few
j days.
r Now that the electric light plant is
t burning corn the corn market has
begun to advance in the northern
. states.
Gene Huse and Karl Stephen of
Norfolk, came up Saturday afternoon
for a short visit with O’Neill friends,
; returning home Sunday.
' The state flesh and game depart
[ ment planted a number of fish, of
i several varieties in the tributaries of
j the Niobrara last week.
, Miss Florence Grady of Ballagh,
. suffered a fractured leg when she
, slipped in climbing on the wheel of a
i moving wagon Tuesday,
i James H. Curtis of Ewing, and Mrs.
I Ella Majors of Chambers, were issued
a marriage license by County Judge
Malone the first of the week.
Miss Margaret Witherow of Ne
braska City, Nebraska, spent Thanks
1 giving in O’Neill, the guest of her
’ sister, Miss Mary Witherow.
The business houses of Chambers
, are closing up during the hours of
evening service at the Methodist re
, vival now being held down there.
The county board of supervisors
was in session this week, cleaning up
the regular monthly grist of business
and passing on road controversies.
Miss Marie Berry returned Sunday
from a Thanksgiving visit with soror
ity friends at Lincoln and left Monday
morning for her school at Brunswick.
Sheridan county newspapers carry
advertising announcing that Doc.
Shuler, formerly of this city, now is
specializing in rheumatism, at Gor
don.
S. J. Weekes entertained at a
smoker Saturday evening for Gene
Huse and Karl Stephens of the Nor
folk News, who were his guests over
Sunday.
Paul L. Henry of Geneva, Nebr.,
was called home to attend the funeral
of his brother Gene, last week. Mrs.
Henry and Patricia Jane coming up
Saturday.
O’Neill has been designated as head
quarters for the engineers of the tenth
federal aid road district of the state.
A chief division engineer and several
The county convention uei
egates to the state convention at
Grand Island to form a new political
party, has been called for the court
house for Saturday.
The Northwestern bridge gang,
which has been at work along the line
from Inman west for several months,
has completed its labors on this "divis
ion and moved east.
Word has been received of the
death last Wednesday of Mrs. Julia
Ginan of Pueblo, Colo., a sister of
Mrs. Thomas Kelley and Mrs. H.
Chambers of Atkinson.
Albert Herrick of Waterbury, Neb.,
arrived in the city last Wednesday to
attend the funeral of his friend,
Eugene P. Henry Thursday. He re
turned home Tuesday morning.
George Miles returned Friday even
ing from Fremont, where he and Mrs.
Miles spent Thanksgiving with their
son, Gerald, and family. Mrs. Miles
returned to O’Neill Sunday evening.
Mrs. A. E. Wilson of Salem, Oregon,
who has been in Holt county settling
up the affairs of her late husband, Bert
Wilson, formerly of Shamrock town
ship, left Wednesday for Battle Creek
for a short visit with friends before
returning to her western home.
Miss Ellen Clare Donovan, who has
been the guest of her sister Mrs. W.
F. Finley, for several weeks, returned
to her home at St. Paul, Minn., Mon
day morning.
Catalogues from the mail order
houses, offering Christmas bargains
to shoppers, already have begun -to
burden the mails and railway mail
clerks report an increased parcel post
business.
It has been discovered that the com
mon English sparrow is the greatest
enemy of the alfalfa (weevil and the
birds are being caught in traps in
eastern cities and shipped to the al
falfa districts.
The city council of Winner, S. D.,
which increased electric light rates at
that place from 15 to 17 cents a
kilowatt hour during the war has re
duced the rate back to the pre-war
basis of 15 cents.
Mr. and Mrs. Walter Stein and son
left by auto Wednesday morning for a
visit with relatives at Marshall,
Minn. Mr. Stein will return in several
weeks. Mrs. Stein and son will re
main at Marshall for a several months
visit.
John Nolan went up to Bassett
Wednesday of last week, to spend
Thanksgiving with Mr. and Mrs.
Thomas Nolen, and incidentally to in
spect his large oil holdings arid to be
present at the bringing in of the Bas -
sett oil well,
Mr. and Mrs. Ed Latta of Tekamah,
came up Saturday evening for a short
visit with Doctor J. P. Gilligan and
Mrs. Gilligan, returning home Sun
day. Ed’s real mission was to get a
couple of bird dogs in preparation for
a quail hunting excursion to Arkansas.
Word of the death of Mrs. Con
Coffey, at Wichita Fals, Texas, Tues
day morning, was received by rela
tives here the same day. Mrs. Coffey
was a sister of Mrs. J. F. Gallagher
»nd Mrs. P. J. Biglin. The body will
>e brought to O’Neill, arriving Satui -
lay.
Miss Mary Witherow entertained at
i dinner party at the Hotel Golden
Saturday evening, complimentary to
ler sister, Miss Margaret Witherow
>f Nebraska City. The fifteen guests
ater enjoyed a pleasant evening of
'ards and dancing at the H. J. Rear
Ion home,
1 tlC VavW.. . .
jraska Farm Bureau Federation will
hold a December meeting at Lincoln on
December 5 instead of on the regular
meeting date. -The change is due to
the fact that several members of the
board have county meetings planned
for the regular date.
The jury in the Rogge-Hall case,
from Ewing, an outgrowth of the Hop
kins murder a number of years ago,
found for Rogge Wednesday morning
after being out all night. The action
was a suit on a $1,000 note with in
terest and the verdict was for $1,310,
the amount asked. The trial of the
case attracted a large throng Monday,
Tuesday and until Wednesday noon,
the audience being much edified and
amused by the forensic mudslinging
of the attorneys on both sides. Judge
J. J. Harrington represented Hall and
Arthur Mullen the plaintiff, Rogge.
f*EVERYTHIWC^
:[ For Sunday Dinner j
j Everything
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Season
I Special Canned Fruits I
30c Per Can 1
3 For 85c 1
30c IN TRADE FOR BUTTER I
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