m MiM - i j i ji i m i -
THE THACKER-CLARENCE
MURDER CASE REVERSED
The Supreme Court Has Decided That a New Trial
Must be Held on Account of Error.
THIS IS A BIG VICTORY FOR
LAWYERS CLARK AND ROBERTSON
The Case Attracted Great Interest When Tried and
the Decision is Popular.
(From Friday's Dally)
Word was received today that the
decision of the district court in the
murder cane of John Thacker, w here
in the alleged murderer John Clarence
was sentenced to 14 years in the pen
itentiary had Iteen reversed by the
supreme court and a new trial de
manded. The Supreme court, which
is now in session at Lincoln, reached
the decision, and the new trial was or
dered on account of error in instruc
tions and of omission in the evidenced
The syllabus will be issued tomorrow,
when the particulars and exact causes
of the reverse in the decissions will be
made public.
The shooting affair and trial were of
great interest to the Plattsmouth
people, both of the parties concerned
being well known in town, the defend
ant John Clarence having lived in this
vicinity for years, and his parents
are among the most respected old
settlers of the county.
The encounter occurred on the Dar
rough farm, five miles from Union, on
the fifteenth of January 1909. The
young men were helping their neigh
bors Bhell corn, on the above named
farm, when a quarrel arose between
Earl Albin and his uncle Carter
Albin.. Thacker interferred and ad
vised Carter to slap his nephew in the
face, whereupon, Clarence, who was
standing at a nearby tank, watering
his mules, took a part in the affair and
told Thac'.er to "keep his nose out of
it, it was none of his business." On
this point, one of the witnesses claimed
that Carter warned him to keep out
of it or "he'd shoot h out of him."
The evidence showed that Thacker
advanced a distance of 30 feet toward
Clarence, who is a cripple, and seizing
a board, struck Clarence a blow on the
head which broke the board into
pieces' The cripple, carrying a black
hickory cane, raised it to ward off the
blows, but Thacker took it from him
and struck him again over the head.
The men grappled, and Clarence, in
self defense and as a last resort, pulled
the gun and fired three times, the shots
all taking effect. The victim died a
few days later on Jan. 15.
The trial was held in the dis
trict court here last June, the prose
cuting attorneys being Mathcw Ger
ing and County Attorney Ramsey,
the defending attorneys, Byron Clark
and W. A. Robertson. The sentence
of fourteen years in the state peni
tentiary was passed July 14,Clarencc
being at that time under a bond of
$10,000, which was later raised by the
supreme court ' to $25,000.
Clarence and Thacker were distant
relatives, being cousins by marriage
but had never been very friendly to
ward each other.
The attorneys in the case were un
able to state positively today the
reason of the reverse by the court, but
it is thought the statements of the
dying man was one of the prime causes.
ion their heads. Miller dresses neatly
and moderate ly either in dark blue
jor black serges while Fish runs to
tweeds, not loud of course but sonic
what conspicuous when one considers
that the average "statesman" affects
the more conventional black even in
his daily "working clothes."
Representative Miller was born
on a Minnesota farm in 1872, a son of
a veteran of the Civil War; was ed
ucated in a country school.high school
and Minneapolis Academy and gradu
ated from the University in 1895
and from the law department of
the same institution several years
later.
Hamilton Fish, was born in Albany
in 1809 while his father was governor
of the State; was educated in private
schools and in Switzerland; graduated
from Columbia College in 1SC9; from
1809 to 1871 was private secretary
to his father who was secretary of
State under President Grant. He
was for eleven years a member of the
New York State Assembly, was Speak
er in 1895 and 1890. He was appointed
by President Roosevelt Assistant Trea
surer of the United States at New
York in 1903 and reappointed in
1907, resigning the office in October
1908 to run for the Gist. Congress
and in which he is now serving.
IX'KrSKXXXXXX!
WASHINGTON DOPE.
iXXXXXXXXXXX!
Washington, D. C. March (Special)
The high cost of living in Washing
ton has driven at least one Editor
Congressman back to the "case."
This member who announces that
he oan ho longer afford to be a Re
presentative in the Congress of the
United States is William D. Jamieson,
a Democrat representing the Eighth
Iowa district.
Mr. Jamieson had the distinction
of defeating . that old war horse of
Republicanism Hon. P. W. Hepburn
)hat even with a salary of $7,500
per year with mileage and stationery
added he can only, with through
strictest economy, make ends meet
He states in declining to be a canidd-
ate for re-election that he cannot by
the closest figuring save over $3,000
of his Congressional salary and even
that pitt;uice and more he would be
called upon to "cough up" by the averi
cious local campaign committee in
order to secure a lcnominaiion and
re-election.
to-day that but a few yeais ago would
have laughted immoderately over the
scheme of making the rivets work.
Rut congested freight yerds and the
inability of the railroads to handle
the bulkier freight within reasonable
limits of time have brought the people
face to face with a condition and to
day they arc demanding of their
legislators that something yearly be
done for the rivers and harbors of
Continental United States to the end
that both the rail and the river shall
do their part in handling the grow
ing commerce of the nation.
, The Washington Baltimore and
Annapolis Eleciric Railway has com
menced the operation of sixty three
limited trains daily between Washing
ton and Baltimore running on half
hour schedule starting from a point
within sight of the U. S. Treasury
building and landing its Baltimore
passengers at Paik Avenue and Liber
ty Streets. Those destined for Annap
olis may, by a system of transfers,
be landed at the very gates of the
i . r Aavai Acuuemv. the cars
in service arc some (10 feet in length
and resemble very much a miniature
Pullman. Each contains a smoking
jsl Do You Know ji
STATE OF WASHINGTON
IS GOING DRY.
Two Hundred and Eighty Light
Saloons Have Been Put Out.
Spokane, Wash., March 10. Two
hundred and eighty-eight saloons in
33 towns and cities in five counties
in this state have been put out of
business in the last five months, ac
cording to a report just issued by the
Anti-Saloon League of Washington.
Twenty-three towns voted to remain
"wet." Among the Cities voted
"dry" are Wenatchec, Puyallup, Pros-
ser, Lymlcn, Lolville, uoluendale,
Kettle Falls, Rosalia, Davenport, Chen
Kettle Falls,Rosalia, Davcnport,Chc
ney, former seat of Spokane county;
Wilbur, Garfield and Pullman, the
counties being Thurston, Skagit, Clark
Stevens and Whitman. The league.
which is represented in Spokane
by Lewis R. Ilorton, claims 38 dry
units and it is expected to have 100
by July 1, after which, Mr. Horton
announces, that the organization will
begin its campaign for a legislature,
pledged to. give the league a county
local option law. Mr. Horton de
clares that the liquor interests are
playing a losing game, though at
first glance it would appear that the
league is only holding its own,
adding: "The liquor men gave
us the present law, and we arc doing
the best we can with it."
A Word of Kindnesi.
There are lives of wearisome mo
notony which a word of kindness can
relieve. There Is suffering which
words of sympathy can make more
endurable, and often, even tn the
midst of wealth and luxury, there are
those who listen and long in rain for
some expression of disinterested kind
ness. Speak to those while they can
hear and be helped by yon.
Therefore he has announced his I compartment and the body of the curs
intention to quit his Congressional contain confo! table seats upholstered
job and return to Shenandoah, Iowa
to edit and manage the newspaper
which he owns.
There is every reason to believe
that the Commerce Committee of
the Senate will report the River and
.iurbor bill as passed by the House
t mouth, within the next ten days
at the outside within two weeks.
om three to five millions will be
detl to the bill by the Senate Com
mittee Projects, which were not
.ihi leied by the Rivers and Harbor
Siiimlttee eif tie House, having come
the attention of the Senate Com
ttee through the recommendations
" the Engineer Board of the Army,
ing Unrjy accountable for these
ireases.
Since the River and Harbor bill
nc to the Senate some ninety amend
snts have been proposed by Senators
the measure, carrying in the neigh
o.hood of ten millions of dollars,
icse amendments cover the entire
, pe of river, harbor and canal im
ivenients and show the wide in
'csl that in being taken in these
propria tions that but a few years
) were looked upon as a "sop"
legislators to help strengthen them
their states and districts.
Vater transportation is being dc
ndod in sections of the country
The Doctor's Order.
An old former was walking out one
day looking very gtum and miserable.
He was a man who ordinarily dearly
loved a joke. But jokes seemed a
long way off just then, and the old
man was thinking deeply when be
was accosted by a tramp, who made
the usual request for a night's lodg
ing and something to eat. as he ex
plained he had had nothing for two
m leather. 1 he tunc these trains
make from Baltimore to the Trea
sury Building at Washington is 90
minutes, which, when one considers'
that you are brought directly into
the business section of inch teiminal
city and furnished with transfers to
practically all the street cars is bound
to have considerable favor with those
obliged to travel frequently between
Washington and Baltimore.
.
One of die most notable friendships
which has sprung up between a Con
gressman from the "effete East"
and a Representative of the middle
progressive west is that of Hamilton
Fish of the Twenty first New York
district and Clarence Benjamin Miller
of the Eighth Minnesota district.
As those of the Army would express it
they are "buddies." They lunch
together daily and during the sessions
of the Houso may be observed in
earnest conversation. These men are
entire opposites in physical appear
ance, Miller of Duluth being of ruddy
complexion and of rather boyish
appearance, of almost bashful presence;
medium in heigth and weigth. Hamil
torn Fish on the contrary is a six footer
lank and spare, with austerity written
all over him. Each is devoid of
hirsute facial adornment though both
have a reasonable amount of hair
fiShatthe SVews-ilerald Publishing 60.
has the best equipped facilities for
printing letter heads, noteheads, en
velopes, statements, pamphlets, briefs,
legal blanks, sale bills, (Etc. of any place
in this section of the state, and do it in
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es3 U
mby
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WALKED ON HIM.
whole dors. The effect upon the
farmer when he said this was uinglc
al.
"Why, man," ho said. "I've been
looking for you all day."
And fien without more ado hi!
knocked him down and walked on him
from 0110 end to tho other. The tramp
got up, looking very staggered, and
asked him why ho had done that.
"Well," snld he, "ray doctor has or
dered me to walk on an empty atom'
nch. end now that I have fulfilled hli
Injunction I can go and have a good
feed."
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