MACKEY AND HAMMOND
PLEAD GUILTY; CHARGE
IS 2ND DEGREE MURDER
(Continued from page 1.)
crime and one of them had confessed.
Now eighteen days after its commis
sion they are in the penitentiary. We
can recall no case in the history of
this county where justice was meted
out as quickly as it was in this case
and it will have a w'holesome effect, in
deterring others from deeds of violence.
The question of the disposition of
these men has given the local officials
much food for thought the past two
weeks. While the murder was a cold
blooded one and many were of the
opinion that they should be electro
cuted the question that confronted the
officers was whether there was enough
evidence to convict of a first degree
murder charge. Under the laws of this
state the jury, and the jury alone, can
fix the death penalty. Was there suf
ficient evidence to convince a jury that
the verdict should be death ? Let us
review the possibilities.
While it is true that Hammond made
a confession and named Mackey as the
man that actually did the killing;
suppose that Hammond refused to
take the stand and testify against
Mackey. His confession could be used
against himself, even if he did deny
it and say that it was obtained under
duress, but it could not be used against
Mackey, and without his evidence
Mackey could never be convicted of
murder in the first degree; in fact
without this evidence the evidence that
the state would be able to produce
against Mackey would be wholly cir
cumstantial and as such there would
never be a virdict of giulty in the first
degree. In fact it is possible that he
might evade suffering any penalty for
his crime. Then again before the pen
alty that is exacted of a man con
victed of first degree murder the case
may be reviewed by the Supreme
I FRIDAY AND SATURDAY I
SPECIALS |
I R. R, MORRISON I
1 GROCERIES AND MEATS I
I ,,H2°3NE WE DELIVER ,,"2°4NE I
Court of the state and the Pardon
Board.
In the city of Omaha during 1928 a
I druggist named Tintsham was operat
in a drug store at Thirty-third and
Cuming streets. He was shot and killed
in his store one afternoon and several
shots were fired at clerks in the store
by a man that came there to rob. The
bandit was pursued and arrested by
a policeman shortly after the killing,
but not until after the killer had
snapped his gun in the officers face
and the only thing that saved this
officers life was the fact that the
killer had used all the shells he had in
his gun. The murderer was a marj
named Swartz. Before his trial his
attorneys offered to plead him guilty
to a second degree murder charge and
take a life sentence in the state penh
itentiary. The court refused. He went
to trial on the first degree murder
charge, was convicted and sentenced
to death. His case was appealed to
the Supreme Court and by the Suv
preme Court his sentence was com
muted to life imprisonment, which
could have been given on his promise
to plead guilty without a trial. The
opinion in this case was written by
Chief Justice Goss and the fact that it
was shown that the murderer was a
narcotic addict was one of the reasons
given for the commutation of the
sentence. This case was passed upon
in 1929 and is the last word on first
degree murder in Nebraska, being the
last case decided by the Supreme
Court. ^
While the coroner’s jury was in ses
sion last Tuesday the facts, as gleaned
by the officers, and the status of the
case against Mackey, on a first de
gree murder charge, was presented to
them. The matter was gone over at
some length and they were informed
that Mackey might plead guilty to a
charge of second degree murder, on
which plea he could be sent to the’
state penitentiary for life. In view of
the many possibilities of escape and
the uncertainties of a first degree mur
der charge being effective the jury
recommended to the court and county
attorney that they accept a plea <^f
second degree murder in the case. • j
Mr. Sexsmith’s family was also in
terviewed by the authorities and they
were satisfied with the penalties that
would be imposed upon pleas of guilty
to murder in the second degree. They
thought it adviseable to get them to
plead, sentenced and into the peniten
iary as soon as possible.
W’hile it is true that the question of
the expense of a murder trial should
rot be taken into consideration, when
the question of the punishment of men
for murdering a citizen of this county
L jewel/tv
rAv#> —• ■
S/LVE/LWAHE
WITH a view to accommodating our
price range to theyear’s more limited
budgets ... we have assembled a great
number of really remarkable values in
Jewelry and Silverware. Thus we hope to
do much towards making this a very Merry
Christmas for you and your friends.
Jewelry—To a woman, the most precious
gift of all. To a man, a token revealing
the lasting sentiment of the giver. Indeed,
yes, modern Jewelry becomes more cher
* ished with passing years. We suggest...
For Him
Pocket Watches ... Strap Watches ....
$17.00 and upward. $15.00 and upward.
For Her
Diamond Rings . . .
white gold .. $16.00
and upward.
Sheaffer’s Fountain
Pen Sets .... $8.00
and upward.
Cameo Brooches ...
$3.00 and upward.
Wrist Watches . . .
white gold .. $15.00
and upward.
Kodaks.$5.00
and upward.
Brownies .... $2.00
and upward.
W. B. GRAVES, Jeweler
is under consideration, still, owing to
the present financial stringency and
the condition of the county’s finances,
it is well to take a view of this angle
of the case. If this case had gone to
trial it would have cost the county of
Holt from five to ten thousand dollars,
possibly more, depending upon the
character of the defense. And after
the expenditure of this vast amount
of money, that would have to be paid
by the taxpayers of the county, it
might be possible that the greatest
penalty that would have been exacted
by the jury—if they were convicted—
would be murder in the second degree.
So, by accepting these pleas, the local
officials have cleared up this murder
case and have placed the men where
they will never again have an oppor
tunity to prey upon their fellow men.
MEEK AND VICINITY
(Continued from page 5.)
Mr. Halgrenson, of Ainsworth, was
an overnight guest at the Oscar Lind
burg home Sunday.
Bob Worth trucked hogs to O’Neill
for Merriady Hubby on Tuesday.
Several from here have been at
tending the penticostal services held
at Scotville the past few weeks, they
will continue this week.
Dr. Brown was called Tuesday for
little Florence Walters, who was taken
with convulsions. We are glad to re
port that she is somewhat improved
at this writing.
i -
APPRECIATION
To the Volunteer Wood Choppers and
Truckmen:
In talking over the fuel needs of the
poor people of this city for the com
ing winter, and the scarcity of money
with which to buy coal, with some of
the people around town Commander
Joel Parker, of the local American
“Legion Post, said that he thought he
could get the Legion boys interested,
so he went to work. One morning
shortly afterwards, he reported with
fifteen Legion men and others and we
started for the Eagle creek to cut
wood.
The boys tackled the wood chopping
like old time loggers, they certainly
made the chips fly. When noon time
came Phil Zeimer was on hand with
a good lunch for all present. Day
after day the boys worked until they
had all the wood chopped, carried
out of the canyon and piled.
Then Gatz Bros., with two trucks,
Leslie Uhl, Levi Yantzi, Charles Rich
ardson, Phil Ziemer, Roy Calvert and
the County Truck soon got the wood
to town. It was sawed up and de
livered around town to those iri need.
This will relieve the county of a
large fuel bill and I want to thank all
those who worked so willingly in the
work of helping those in need, for it
shows what the good people of O’Neill
will do for a worty cause.
JOHN SULLIVAN.
CHURCH NOTES
METHODIST CHURCH
Sunday School 10:00 A. M.
Morning Worship 11:00 A. M.
Epworth League 6:30 P. M.
Evening Worship 7:30 P. M.
We invite attendance at these ser
vices and assure you of a cordial
welcome.
Next Tuesday evening at 7:30 we
are to have with us one of the out
standing speakers of the state, Dr. E.
Guy Cutshall, chancellor of Nebraska
Wesleyan University. Everyone is in
vited to hear him. We trust that a
large audience will take advantage of
this opportunity. This is a red letter
day in our winter program.
Don’t forget that every Thursday
evening we have our prayer meeting.
This is the power house of the church.
We need more people there. Come and
join us in these meetings.
FIRST PRESBYTERIAN CHURCH
Sunday School 10:00—Mr. Geo. C.
Robertson, Superintendent. Let every
child learn the lesson of Christmas.
Morning Worship 11:00—The Junior
Children will have a part in this
service.
Young People’s C. E. Meeting 6:45
—Miss Elsie Bowman, leader.
Evening Service 7:30—“What Must
I Do to be Saved ?
We invite you to the above services.
H. D. Johnson, Pastor.
State Treasurer Bass has distributed
$166,535.92 to the counties of the state,
that being one-fourth of the money
collected by the state gas tax for the
month of November, 1932. Holt
county’s share of this tax is $1,667.74.
(First publication Dec. 8, 1932.)
NOTICE FOR BIDS FOR SUPPLIES.
Notice is hereby given that sealed
bids will be received at the office of the
County Clerk of Holt county, at
O’Neill, Nebraska, up to noon the first
day of January, A. D., 1933, for the
furnishing of the books and blanks for
the various offices of Holt county for
the year 1933 and that said bids shall
be opened by the Board of Supervis
ors of said county and the contract
awarded to the lowest and best bidder.
The following is the probable num
ber of each of the items of books,
blanks and stationery that will be re
quired during said year:
6 Records, 8 quire bound, medium
plain, each.
6 Records, 8 quire bound, medium
printed heads, each.
6 Records, 8 quire bound, medium
printed page, each.
6 Records, Double Cap, 8 quires
printed, each.
6 Records, Double Cap, 8 quires
printed heads, each.
3 Loose leaf Records, medium, plain,
each.
6 Loose leaf Records, medium print
ed heads, each.
6 Loose leaf Records, medium, print
ed page, each.
1 8-quire personal tax list.
3 Double medium tax list, 10 quirse
printed page, each.
300 Special Index Tabs with shields
for tax lists.
10.000 Tax Receipts, 200 in a book,
duplicate, well bound, ruled and print
ed to copy, furnished, numbered con
secutively, per M.
1 Dozen Sheriff’s pocket documents
each.
34-Qnire personal assessment rec
ords, each.
6 2-Quire personal assessment rec
ords, each.
7.000 Duplicate personal assess
meent schedules, per M.
7,000 original personal assessment
schedules, per M.
600 Smeads, Banded files specially
printed, per M.
12 assorted schedules files, each.
40 Real Estate Assessor’s books.
20 Patent backs, each.
20 Canvas Covers, each.
40 Assessment of improvements on
real estate, each.
1 Dozen Revenue Laws, each.
24 Memorandum of mortgage in
debtedness, Manilla bound, each.
12 Books, Treasurer’s Receipts for
school money, cloth bound, each.
It's Sensible!
It's Practical!
GIVE GOODYEARS
FOR CHRISTMAS!
i
GOOD SAFE
LOW-COST
GOODYEARS
New Speedway
Guaranteed
Tires and Tubes
Full Each
Oreraiza Each lit Pia. Tuba >
30x3HO. $3.79 $3.03 $ .91
4.40-21_ 4.13 3.9$ l.«9
4.50- 29.. 4.49 4.39 l.$0
4.50- 21... 4-37 4.47 l.$3
4.75- 19— $.*7 3.1$ 1.0$
4.75- 20... 9.3$ $.*3 1.00
5.00- 19— 9.99 9.40 1.19
5.00- 20.... 9.03 9.49 1.31 !
5.00- 21— 9.$$ 3.09 1.33
5.25- 18- 0.3$ 0.1* 1.17
5.25- 21.-1 O.OfJ 0.07| 1*33
Cash Prices Fret Mounting
Road Service Phone 16
MELLOR MOTOR COMPANY
Open 6:30 A. M. to 10:30 P. M.
Phone 16 O’Neill, Nebr.
Good Used Tires $1 Up Expert Tire Vulcanizing
2 Rebinding complete records for
Clerk of the District Court, each.
6 4-quire day fee books, half bound
printed heads, each.
26 Special files, each.
1 Real Estate assessment record, 1
quire each.
500 Special assessment schedule, 10
forms, each.
All above books, except where
binding specified, are to be extra full
bound, numbered and lettered on back
and made of Byron Weston’s linen
Ledger paper.
Separate bids must be made on
bobks and blanks. All supplies must
be furnished in accordance with speci
fications furnished by the office order
ing same.
Payments to be made by warrant on
the County General Fund.
All supplies are to be furnished as
ordered.
Bids must be marked and addressed
to the County Clerk of Holt county,
Nebraska.
The successful bidder will be re
quired to furnish a good and sufficient
bond for faithful performance of
contract.
The County Board of Supervisors
reserves the right to reject any and
all bids.
Bids to be opened according to the
requirements of the law at the first
meeting of the County Board on and
after January 1, 1933.
JOHN'C. GALLAGHER,
(Seal) County Clerk.
WHY GET UP NIGHTS?
Make This 25c Teat
This easy blabber physic is needed to
drive out impurities and excess acids
which cause irritation that results in
leg pains, backache, burning and get
ting up nights, BU-KETS, the bladder
physic, containing buchu, juniper oil
etc., w orks on the bladder pleasantly and
effectively, similar to castor oil on the
bowels. Get a 25c box (5 grain size)
from yourdruggist. After four days,if
not relieved of getting up nights go
back and get your money. You are
bound to feel better after this cleans
ing and you get your regular sleep.
Locally at Reardon Bros. B-36
FOR SALE
Frames made to order. Easel Back
Frames for your Portraits and Kodak
Enlargements. Do your Christmas
Shopping at the O’Neill Photo Co. 29-1
Dressed Turkeys ready for the oven,
16 cents per pound, delivered. Mrs.
Robert Tomlinson, Opportunity. 29-2
If you need Better Glasses Dr.
Perrigo can make them. See him at
Golden Hotel, O’Neill, Fri., Dec. 23. 2
For Sale or Trade—Pure bred polled
Shorthorn bulls, of serviceable age.—
Floyd Whitaker, Chambers, Neb. 28-3p
Visit the new balcony gift shop of
the E. L. Moore Book Store in Norfolk,
for a wide selection of inexpensive
gifts from 25 cents up. 28-3
For Sale—One new Coleman Air-O
Gas range. Can be seen at this office.
Bargain.
MISCELLANEOUS
For glasses to suit
your purse as well
as your eyes, see Dr.
Perrigo at Golden Hotel, O Neill, Fri.
Dec. 23. 29-2
STOP! LOOK! LISTEN!
A program and box social will be
held at the Meek school, Dec. 23, 1932
beginning at 8 o’clock. Everyone
welcome.—Margery Grutsch teacher.
29-1
Found—Two pair Rosary beads—
Call at this office. 21-tf
r—i
W. T. BROWN
SHOE AND HARNESS
REPAIRING
1 1
First Class Work Guaranteed
Prices Reasonable
IW. F. FINLEY, M. D.
Phone, Office 28
O’Neill :: Nebraska
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r- - - - - i
DR. L. A. CARTER
Physician and Surgeon
Glasses Correctly Fitted
One block South 1st Nat’l Bank
-Phone 72
O’NEILL :: :: NEBRASKA
----------4
DR. J. P. BROWN
Office Phone 77
Complete X-Ray Equipment
Glasses Correctly Fitted
Residence Phone 223
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