The frontier. (O'Neill City, Holt County, Neb.) 1880-1965, December 24, 1959, Image 1

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    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)