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About The frontier. (O'Neill City, Holt County, Neb.) 1880-1965 | View Entire Issue (Dec. 24, 1959)
STATE HIST SOC LINCOLN. N£BS. XXX Twelve Peges THE WEATHER ^ _ , L H Thursday, Dec. 17 .20 41 Friday, Dec 18 .24 36 In This Issue Saturday, Dec 19 .19 39 Sunday, Dec. 20 . . 22 35 Monday, Dec 21 .25 36 ... . . _ # _ Tuesday, Dec. 22 ..24 33 The voice of the Beef Empire" Volume 79—Number 35 O'Neill, Holt County, Nebraska, Thursday, December, 24, 1959 Seven Cents Hey Kids! Win $5 in Color Test The Frontier will help keep the children busy during Christmas vacation, Mom. with a coloring contest for all children from pri mary through the fourth grade. To enter the contest, a child may pick any Christmas adver tisement in this issue of the Fron tier and either color or paint it with water paints. There will tie two divisions: Pri mary through the seoopd grade, and third and fourth grades Prizes to bo awarded in each division aw first prize, five dollars, second prize, three dollars. The deadline for the contest is Decemlier 31 and all entries must be returned to the Frontier office either by mail or in person. Prize winners will be announced the fol lowing week. Judging wilj lie based on neat ness and originality of color com bination. So come on kids, get out the colors or water paints, pick out one of the Christmas advertise ments and do your best! John Osenbaugh Services Held Here Monday Funeral sendees wore conduct ed Monday for John D. Osenbaugh, a longtime resident of O’Neill, at the Presbyterian Church with Rev. John Hart officiating. Mr. Osenhaugh, 59, died Friday, Pec. 18, following a heart attack three weeks ago. He had been in St. Anthony's hospital. Hurial was in Prospect Hill cem etery. Pallbearers were Dean Streeter. Arlo Hiatt, Harry Clau sen, Harold Lindberg, C. W. Por ter and W W. Waller. John Delbert Osenbaugh was bom September 6, 1900 in Auburn, Nobr., the oldest son of James Floyd and Mary Warner Osen baugh He attended school in Au burn and spent two years going to school in Oklahoma. He was united in marriage to Ceacil E. Humphrey on August 13, 1918, at the Christian church parsonage at Auburn. To this un ion four children were born Ruth Elizabeth, Mabell Delores, John Raymond and Fred William. He began work for the State of Nebraska, department of roads and irrigation, on July 1, 1919 and became a project engineer on August 15, 1922. The family moved to O’Neill from Cody on August 29, 1927, and liRIM JOHN I>. OSENBAIGH he became a resident engineer with the department in 1928. He held that position until his death. Mr. Osenbaugh was a master' mason in the Masonic Order, AF and AM. Garfield Lodge 95, at O’Neill and was also a memlier of ; the Nebraska Society of Profes sional Engineers. His father preceded him in ; death. Survivors include his wife, four children, 10 grandchildren, his mother and one sister. Jim Champion MUa. inkit %6 fk • ' Mn. Sauser C’laranna Withemax Jmi Jankiewlcz Marvm g^ka John Binkerd MERRY CHRISTMAS FROM THE STAFF OF THE FRONTIER , I, Tli*' big day Is coming and these three O’Neill children were among those to lodge their re quests with Santa Claus Saturday at the Chamber of Commerce Santa Claus days. They are Karen •lean and Kathy llaielhorst, daughters of Mr. and Mrs. M. J. Haxelhorst. and Marion Pritchett, son of Mr. and Mrs. Charlie Pritchett.—The Frontier p'loto and engraving Alaskan Says O'Neill Is Cold This department always knew that Nebraska weather was "dif ferent" but now We’re being told it is—and by someone from our largest state, Alaska. Eugene Primus, who is slaying In O’Neill over the holidays at the Ed Thorin home, is just back from Alaska and says that it’s cold down here. Mr. Primus and his family flew into Omaha Friday and Ed met him there and brought him to O’Neill. The Primus’s have one daughter. lie was stationed at Anchorage with the Air Force and is novt' being transferred to Texas. Mr. i Primus says it's colder here in [ the Sandhills than it has been at Anchorage. This statement comes as a blow since we though this was the nicest December we have seen in some time. A. L. Wood Is Granted Fort Randall Concession A. L. Wood has received the con cession lease for the Fort Randall Dam and is formulating plans for a motel, restaurant, boat liveries, gasoline station and rental cabins. Wood is a former restaurant oper ator here. The site, 1,420 acres, is located on the east side of the dam, north of Highway 18 and 281. The lease granted by the South Dakota Game. Fish and Parks Commis sion, will go into effect January 1 for 24 years. Construction will probably begin in the spring. Baby of Former Evvingite Dies Monday in Oklahoma Terry Lynn, the two and one half month old son of Mr. and Mrs. Robert Hunter died Friday after noon at 1:30 in a hospital at Guy mon, Oklahoma. He had been sick but a short time. Mrs. Hunter is the former Verlee Bollwitt. The Hunters are resid ing at Guymon. Trial Sidelights Two district judges sat on the bench during all four days of the Mrs. Sadie Dickerson brace-and bit murder trial at Butte. Lyle Jackson of Neligh and D. R. Mounts of O'Neill presided. Jack son substituted for Mounts, who has been ill. Mounts’ twice-a-day climbing to the second floor of the Boyd courthouse was contrary to his doctor's orders. He has been under a doctor's care for two years. In O'Neill ho has a ground floor office, has not ascended to the Holt courtroom since illness set in. Both judges were wearing brown suits. There are contrasts.! however. Mounts is angular,' slight; Jackson is built squarely and solidly. Mounts has a thatch of steel-gray hair; Jackson is bald. In Nebraska legal annals two judges frequently have presided in jury cases. Mrs. Dickerson appeared all four days In a new, dark blue, rayon figured dress. She wore a tiny round black hat with a feather, glasses* and low-heeled shorn. She conferred frequently with her attorneys and was con sulted several times during the jury selection. After the jury of one woman and 11 men had been determined, the opening day of the trial came to a close. Tuesday was devoted to the state's witnesses; Wednesday and Thursday morning to the de fense witnesses. Spectators were fewer than ex pected opening day. Judge Jack son announced late Monday that spectator attendance would lie re stricted to 140 persons in consid eration of the age of the building, the second-story location of the courtroom, and the fire hazard. Spectators claimed seats well ahead of the appointed gavel hour at all sessions. The brace and bit murder trial had been set earlier and a jury was impaneled in October, but the court granted a postpone ment to allow the defense time to examine the exhumed body. (continued on bark page) wmamm *L mam*& I mml Bob Eby, Norman Kopejtka, Darlene Pierson, Kathy Brady and Dlek Laursen are shown In their part of the Thespian plays presented yesterday at the O’Neill high school. The name of the play Wits “The (iiiiding Star”.—The Frontier photo and engraving .. ' “ " --* ■ This scene from the children's program prt seated by the St. Mary’s Academy children Monday night depicts a group of “French” children paying tribute to the baby Jesus.—The Frontier photo and engraving Sadie Dickerson Is Set Free Stuart Rancher Opposes Nelson Ora R Yarges, Stuart farmer and rancher, filed as a candidate for state senator in the 28th Uni cameral district last week. Yarges will oppose ineumbunt senator Frank Nelson who filed for re election last month. Yarges is well known in Holt County for 23 years as a leader in Extension Service activities. The 28th District includes Molt, Boyd, Key a Paha and Rock counties. Senator Nelson, an O’Neill rancher, has served in the Legislature since 19-19 and is the oldest mem ber at 75. Yarges has lieen ranching in Holt County for 45 years and is presently on a ranch northwest of Stuart. His activities include terms on the Stuart Township Board. 4-11 Club work, and the Holt County Extension Service Board of which he has been a member since 1936 and the chairman since 1949. Atkinson Man Buys Smith Funeral Homes ATKINSON Blair F. Richendi fer has purchased the Joy Smith Funeral Homes in Ilartington and Coleridge, he announced last week. Riehendifer will take possession February 1. He has been with the Seger Funeral Home in Atkinson for the past four years. Riehendifer is originally from Bladen. He at tended Hastings College and the St. IiOuis College of Mortuary Science in St. Louis, Mo. Twelve Plays Important Role in Young Boy's Life The number 12 figures big in the life of tiny David Dale Lam t*ort son of Mr. and Mrs. Thomas Lambert. David Dale was bom at 12 o’ clock noon of the 12th day of the 12th month 1959. He is the 12th grandson of Mrs. Carl Lambert and there are 12 letters in his first and last name. He was also bom on his grandfather Lamherts birthday. Lutheran Children Give Christmas Eve Program Over 100 children will partici pate in the annual Sunday school children’s Christmas Eve service this Thursday at 7 p.m. at Christ Lutheran church. The Rev. A. S. Gedwillo is pastor. William Fricko, Sunday school superintendent, announced that the service would be in two parts. The nursery, kindergarten, and prim ary departments will present the first part entitled “Children Tell of Christmas.’’ The junior, inter mediate, and senior classes will present the second part "God So Loved the World." The high school Bible class girls will assist with the music. During the service, the children will present their special offerings for the Lutheran Children’s Ser vices at Omaha and Fremont, the official agency at the Lutheran Church in Nebraska engaged in social work among children, youth, and homes. French Awaits Fate In Brace-and-Bit Killing Special t<> The Frontier BUTTE The first degree mur der case against a 59-year-old mother, charged in the brace-and bit death of her 21-year-old son, ended at 10:10 p.m ., last TTiui's day when the Boyd county dis trict court jury returned a ver dict of "innocent.” Mrs. Sadie Dickerson, who had si >ont most of the day and even ing in the courtroom, won acquit tal from a jury that had gone into delilieration seven hours earlier. She was elated by the news. She bad been held since several days after the June 21 death of her son, Franklin D. Vanderlinde. Her other son, Nyal Franch, 17, a half-brother of Vanderlinde, was numbed by the verdict that set free his mother, “Helluva trial," he muttered. He was in his cell where he bad been held on first degree charges since Vanderlin de’s death. Last week's four-day trial 1*> came sensational when young Franch took the stand early anil testified against his mother, im plying that she had killed Vander linde. Regardless of the eourt fab* of Frtuieh, Mrs. Dickerson lias been absolved of blame hi the death of Vanderlinde. Having onee been in jeopardy, she can never again lie placed on trial as a result of Vanderllnde’s death. Had Mrs. Dickerson been con victed, the case probably would have been appealed by the defense to the Nebraska supreme court. Nebraska statutes make no provi sion however for the prosecution to appeal; there’s no such tiling as a retrial. The case against Mrs. Dickerson in Vanderlinde’s death is a closed book. What will happen to Franch? Speculation irt the area runs from a full-dress first degree murder trial to a downgrade simple as sault- and battery proceeding to a complete withdrawl of charges. For the present, he'll be kept in jail. In a witlidrawl of charges, Franch would lie free and Vanderlinde’s auger-bit death could be recorded as '‘accidental." The trial was one in which; —The prosecution had relied heavily on one witness (Franch), who was the only other person present on the tenant farm near Naper the day Vauderllnde was fatally wounded; had placed high confidence in the testimony of Gerald Tench, state criminal investigator, and Boyd County Sheriff Claude Coliins, both of whom told the court that "Sadie had said singly, joint ly and repeatedly, ‘ 1 killed him; I’ll plead guilty; I'll not sign anything’.” Both said she refused to give details. —The defense had employed 18 witnesses, all of whom were relaying second hand In formation, some quoting Sadie; had used to full ad vantage a medical college an tomologist who sought to in troduce physics laboratory experimental results as evi dence of epileptic seizures might have been a determin ing factor Uiat morning on his last day; tried to establish that Mrs. Dickerson and Van derlindc enjoyed a "healthy mother-and-son relationship;” soundly denounced Nyal as a “Judas.” During the parade of defense witnesses onto the stand, the pro secution consistently objected to Mrs. Dickerson’s attorneys at tempting to introduce "hearsay” ind financial documents into the trial record. The state did not claim that money was a motive and did not attempt to establish Lhere had been a motive. (Editor’s note—In last week’s issue there appeared a detailed account of the selection of the jury, the state's presentation of its case, find an account of the de fense’s examination of 14 witnes ses. Chronological order of the fourth and last day of the trial, culminated by the jury’s verdict, follows): Thursday Morning . . , D. B. Raymer, Butte mortician, and Joe Tennis, O’Neill mortician, both of whom had handled Van derlinde’s body and had testified previously as state witnesses, were called as defense witnesses. Under questioning they said that Vanderlinde’s face bore evidence of injuries on the upper lip and nose. When asked by the defense why they hadn't testified to these other injuries when previously on the stand, their answers were the same: "You didn't ask me.” Both had been subjected to prosecution and defense questioning at the outset of the trial. In washing and preparing Vanderlinde’s body, both said they did not notice any wounds on the back of the dead man’s head or his torso. .James Mullen of O’Neill, Holt county deputy sheriff, eorralx>rated T.‘sell’s testimony concerning the date and length of time Mrs. Dick erson wan under Tesc.h’s question ing. Mullen said, “She was wring ing wet with sweat when they were thronkh.” The defense swore in as a wit ness the court reporter, Ted Me Elhaney of O Neill, w ho took Ins oath, recorded in shorthand the questions and lus own answers. Mo said he* was not colled upon to take any signed statement the day of the Dickorson-Tesch eon* ference in tiio Holt county court house. (Mrs. Dickerson hud been held at O'Neill most of die time until her trial because of a lack of facilities for women prisoners at Hutto.) The defense rested its ease at 10:20 a.m. Wills devoter 15 of the allotted 45 minutes to his appeal to Uie jury as Hoyd county prosecutor, lie emphasized the t'ial record would show only three pc, sons were oil the farm the day Vanderlinde died. Of these only 1 liekerson and Frunch are living, and Kraneh testified that his mother had killed Vanderlinde. He recapitu lated, briefly, the testimony of Sheriff Collins and Patrolman Tesch. Wills said the hit had pene trated Vanderlinde s head "to the depth of the chuck (on the brace), causing discoloration on the skin at the temple." He said the dis coloration (evident in the colored photographs that had been intro duced) "could la- caused hy nothing other than the friction of tlie turning chuck against the head." At iu:4a the court recessed un til LL30 p.m. Thursday Afternoon . , , Defense Counsel William L. Bren man's 45-minute final argument to | the jury, weighted heavily with ! personal appeal, was considered by some observers as the high point in his legal career. (Boyd is a small county and Brennan had been county attorney 32 years.) He leaned against the prosecu tion's table and in a slow and easy manner embarked on an im passioned plea thal consistently referred to Mrs. Dickerson as “Sadie. He drifted from the trial re cord when he contended that "Sadie had been convicted at cof fee tables, in the alleys anil on the streets long before she was brought to trial.” The prosecu tion's charges were "trumped up,” he asserted, "and there is a trial of red herring.” Brennan said "I am not going to tell you that Sadie is a paragon of virtue. She is poor and the object of scorn and ridicule; she is possibly not a good mother. Sadie, in attempting to protect her son, lied. She had only two things, to tie to in this life two boys one of whom testified against his mother. “There is little milk of human kindness for this miserable wo man, whose life has been squalor, whose home has been a hovel. What she is and what you’ve heard about her does not bear upon her guilt or innocence. Strip the case down and you have three witnesses only who tell you Sadie is guilty as charged Nyal, the Little Judas, who has changed his story each time to suit the oc casion; Tesch, the affable patrol man who looks handsome in a uniform, and the sheriff. “Where was the motive, malice, intention to kill? There is not a scrap of evidence. Either ?he is guilty beyond a reasonable doubt or she should be acquitted. You wouldn’t kill a sheep dog on this sort of evidence. Where was Mc Whorter (the state's counterpart to Dr. Edward A. Holyoke of the University of Nebraska college of medicine)? Nyal was made fat for the prosecution.” (His weight under the sheriff’s care had increased from 100 to 150 pounds.) Brennan continued, “The case against Sadie was a star cham ber kangaroo proceeding. She was subjected to brow beating. I’m af fecting friendships of a good many years by defending Sadie Dicker son. Any sentence for Smile would be a life sentence. “Sadie will always be Sadie. She's weak, poor and miserable; she’s no credit to herself. But these things don’t jnake her guilty.” Quiet had crept over the court room. Most of the capacity crowd of specators had expected Mrs. Dickerson to testify and refute Nyal’s charges. She cried through out Brennan’s discourse and through the Johnson and Cronin orations that followed. Nyal was eated against the wall on the opposite side of the loom. Only a handful of persons could see Mrs. Dickerson’s side glances across the room to meet Nyal's. Her eyes were cold. Johnson said the defense coun sel had always believed in Sadie’s innocence. "When Doctor Hol yoke’s experimental results came in we were convinced. We had to build the defense from scratch— from the bottom up,” he insisted. “Haven’t we proved that the hole was not drilled? We were rolling the dicp when we had the body t* humed, not knowing what we’d discover. "The state had audacity in bring ing this woman to trial on testi mony of a boy who can’t tell the tame story twice,” Johnson de clared, pointing out certain dis crepancies'In Nayl’s stories. (continued on back page)
