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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (March 4, 1909)
1 4 i "l LARGE NUMBER OF WITNESSES TESTIFY Ossenkop Murder Case Brings any to City The last witness In the big Ossen "kop case yesterday afternoon when the Journal went to press was Ed Os8enkop. Immediately following liim a short recess was held for counsel to look up authorities touch ing the objections of defendant to Attorney Doyle's question as to wit ness trouble. Judge Travis overruled the objection. Witness stated he did not have one or two fights. He had one encounter. Mr. Gering moved to strike out the answer as prejudi cial to the defendant, lrrevelant, in competent and immaterial. Over ruled. Witness saw his brother strike Byrnes on the face. Witness knew J. J. Luther who lived about three miles from him. Asked as to .Luther calling him up about thresh ing, he said he did. He denied abso Jutely, however, having stated to Mr. Luther that no one knew how the accident happened or whether It was an accident or not and also stating tat he didn't know how it happened but it looked as If some one hit Byrnes. Asked as to convesation with P P. Luther near Byrnes' place, wit ness denied having told him he was coming from the hall and saw a team shy, went over and saw a man lying on the ground. It was Byrnes. Witness also denied a conversation between witness and Hobson in the presence , of J. E. Brlnkworth In which he stated that he was on the other Bide of the street and did not know how It happened. He saw Hobson but had no such conversation. Mrs. Frances Stahule called. Lived In Lancaster county and in Nebras ka all her life. Knew defendant, no relative. Knew Byrnes. Had seen both men at dances together. Had danced with both. Saw Ossenkop frequently. Was at Eagle on Sep tember 16. Did not see Byrnes in Eagle until night. Saw Ossenkop Was In front of Spahnle's hardware store about 9:30 p. m. Rose Win ters was with her. Saw Ossenkop come down street. Ed. Ossenkop's wife there. Saw Byrnes come down he street. Witness explained to f jury where she stood. A team stood in the street in front of her. She stated the photographs showed the teams tied up correctly. Saw Stahnle, Ed. Ossenkop and Fred Ossenkop rome down street together. Hus band came first and went on to team. Fred stopped and said he was going after his wife Dora. Saw Byrnes coming and grab Fred by the coat tails and then by the arm and neck. They Just clinched and fell off the walk. No blows were struck while they were on the walk. Witness was about three feet away. Byrnes grabbed Fred with right hand. No one between witness and men. Saw no one jump off and grab the team. Saw Ed. Ossenkop at the head of the team. The men fell right to the ground. Byrnes fell under neath. Witness saw the body strike either the tongue or neckyoke, Did Saw Byrnes' body on sidewalk after the fight, looked at it and walked off up the street. A question from Mr. Doyle to the effect that Ossenkop was on ByrneV body and yet Bhe swore Byrnes' body never moved brought out a vigorous objection from Mr. Gering which was over ruled. Mr. Doyle succeeding in dis crediting the witness' testimony very largely at the finish. Will Ossenkop called. Brother of defendant, 30 years old, lived near Bethany. Farmer. In Eagle on September 16th. Knew Byrnes. Son of Henry Ossenkop aged 65 years. Brother Fred and Byrnes lived with in one mile of one another. They were as brothers and had on troub le. Saw Fred between nine and ten o'clock in the evening. Knew Ellen Ossenkop. Saw her on the bench in front of the hardware, store. Very dim light in hardware store a small coal oil lamp in rear of room. No light in Dr. Dell's office. Saw Fred coming from north as he stood in front of hardware store. Knew Ed.'s team which was tied south of the hardware store. Was present in Ea gle when the photographs shown him were taken. Photographs show ed the teams as tied on the 16th. Witness gave testimony to show a man on the other side of a team could not be seen from the drug store east. He had a talk with Fred when he came down. Witness about two feet from edge of sidewalk Byrnes had passed going south. Fred went on south. Witness saw no more until they fell from the walk Team reared and went back. Ed jumped for the team. Mr. Stang was ahead of him. Saw Rose Winters Saw men fall directly to the ground Heard fall. Byrnes lighted on his back, Fred directly on top. Fred struck Byrnes two or three times Fred then got up onto the walk Byrnes lying In a southeasterly dl rection, head about four of five feet away. Fred stood a little south caused by the fall to the ground which deceased received in the grap ple between the two men. This the defense sought to show by hypotheti cal questions which the witness an swered In the affirmative. The ques tlons were illustrated by the use of a skull In front of the Jury. At the conclusion of Dr. Livingston's exam ination in chief court adjourned until nine o'clock this morning. The jury is standing the strain of the trial excellently and, when brought in to the court room, they looked fresh and ready to proceed. The usual large crowd was in at tendance when Judge Travis resumed the case this morning. Another large batch of witnesses came in on the morning Missouri Pacific train, most of them being character wit nesses. These will be called in re buttal. Dr. J. S. Livingston called for cross-examination. Attorney Doyle for the state propounded a question relative to the facts of the Injuries of deceased as developed at the post mortem and asked his opinion as to whether at the temporal could have been caused by a blow on the back of the head. The witness an swered yes. The examination of the witness was very technical and he made an excellent witness answering the in tricate questions with decision and clearness. The witness weakened the defense by his testimony regard ing the fracture at the temporal which was of such a character that witness did not believe it could have been produced by a blow on the op posite side or back of the head. He later modified this statement and ex plained it to the Jury. On redirect examination the wit ness testified he believed the prob able cause of death to be the fall from the walk His belief was founded upon an examination of the shoe purporting to have been worn by the defend ant which he believed to have been too flexible to produce the injury which caused death. The witness did not believe a kick given with so flexible a shoe upon a head which would move would" produce such a fracture. Attorney Doyle developed that a blow on the chin would have frac noon session commenced. The Jury sat in the box in the meantime and laughed and chatted among them selves. Fred Ossenkop. the defend ant took the stand and amid Intense silence. He was 28 years old, mar ried and lived 8 miles east of Lin coln. A farmer. Knew Byrnes about 15 or 16 years. Lived within one mile of defendant at first. Son of Henry Ossenkop and then on his farm. Had gone to school with Byrnes. Had lived in Cass County. Born here on John Ossenkop's farm. Saw Byrnes frequently. Was a neigh bor for a number of years. After his marriage he lived southwest of Walton. Defendant never had trouble with him up to September 16. Been friends. Was not a witness in the case between his father and Byrnes in the fall of 1899. The case had no effect on him. Witness was then 18 or 19 years old. Relation ship remained the same and attend ed dances together. They rented a hall in Walton together. Was in Eagle on September 16, arriving there at 1 p. m. Saw Byrnes on street about 3 p. m. In front of saloon. Two conversed. Detailed circum stance of meeting. Thinks he saw Byrnes once since March. They were together about 20 or 25 minutes, friendly. Saw Al- ROUTINE BUSINESS ognlze his voice although familiar with it. Did not know where his brothers Ed. and Will and George Vannoy were at the time. The men went off in a very short time. Byrnes first off the walk and witness fell on top of him. He could net tell junt how but he thought about the same. Hit deceased with right hand and left hand was at deceased's waist. Witness thought he hit deceased on all members present. the right side of the face. Could not Minutes of previous meeting read recall Just how many blows he hit and approved, w hereupon the fol- him nor Just where. Byrnes never lowing business was transacted in spoke nor did witness know where regular form: his hands were as deceased had rnnA nt rr i r m bert Stang in the saloon about 9:30 p. m.t when Stang told his brother the folks were ready to go home Witness did not remember drinking beer. They went out and met George Vannoy on street. His coat was in the pool hall and he went in and got It. Came out and met brother Eddie. Could not Bay where Vannoy was and did not see Stang. Met Will at Stahnle's store and talked over haymaking the next day. Will stand ing north of hardware store door Saw Mrs. Frances Stang and told her he was going home. She said his wife was at the hall and he went there. Did not see Rose Winters or Otto or Henry Kettlehut. Mrs. Ed Board of Ccur!; Cessniissisricfi Meet in Regular Session Board met In regular session, with loosened his hold on him as soon as they struck the ground. Witness was not angry but excited. Witness said nothing as he got u. Saw Byrnes' body a short time before the body physician, district No. 6, approved. Bond of J. H. Tams, superintend ent of poor farm, approved. Road petition of S. Goodman and was taken to the moreue. Was ores- Pthers for tho location of a road ent when the body was removed, commencing at the s. w. corner of Witness detailed his movements dur-1 Quarter section l, T. 11. R. 12, lng the afternoon of the day. running mence norm one miie, 10 on Witness was in the saloon in the Iocaiea on ion lino on afternoon, but uncertain who was tne north ha,f- t0 be forty feet ,n- . with him. Mr. Cerlne objected to w,dth t0 be known 68 road No- the introduction of this testimony as received and the county clerk In- not proper cross-examination, but it "ructed to appoint commissioner was overruled. to v,ew and rePrt on the aDOVe P6" Witness did not have any strug- m,on Z to law. gle or trouble which would have Report of Soldiers Relief Corn caused the scratch on the back of his mission accepted and placed on file, neck. Witness denied telling Wll- Petition of S. F. Glrardet and oth 11am Irey that he could not take a ers requesting the appointment of C. man out of the saloon If he had a h. Rager constable for the city of thousand stars on and to put up his Weeping Water to fill vacancy, re- club. Witness could not recall Irey reived. coming out. Witness did not remem- Ci Ragor WM th,g dfty appolnte(, ber telling Ed. Roberts the bartender constabi0 for Weeplng Water city. In the saloon when a fight took place, J H Tamg fed h,B year,y t and he started to come out from be- a(J Super,ntendent 0f the poor farm as uinu me oar, mat u ne came oul follows witness would kill him. Witness could not say how many times he was in the saloon In the afternoon. Some of the best people in Cass County were In the saloon. The defendant made an excellent witness Ossenkop sitting on bench in front ildence and the defendant rested at ef hardware store. After he left 2:50. Mrs. Stang he heard someone say "Follow me If you are a man." He An Excellent Family. said he was going home, his coat was Wendell Hell, and his excellent Total expenditures for year March 1, 1908 to March 1, 11)09 2,466.3 Income from sales, cattle, but ter, eKgs, lions, (train etc, to Kether with Improvement niaile during the year and produce on hand 1,622.35 ool, calm and collected and Leavlnir total expenditures. . . .fi.404.44 .... , , . , . Averiia nuiuuur inmaies uuring unquestionably Impressed the Jury year ..14 And tho nubile Number of deaths durintf year., 3 ana tne pumic. . CoHt pep r for , inmate..il00.2 The shoes were then offered in ev- t per day for eaeh inmate., .it i;uai per meai tor earn lnmaie .. ,u The followliiK bills were allowel en. the general fund: L It Daft, expense nrockmliler ciihp, 10.32 A 1 Karnes, meals to Jury 14.50 Neb. Light Co.. rns to Jill IS. 6 1-orenv.e Kros mdse to poor iiavt won. same. 2.00 10 no 1.50 2.60 9. SO ICl.OA 18.65 grabbed then from behind and whirl- wife,, from near Cedar Creek, Were I Manspeaker, livery ed to the right and the party grabbed n the city yesterday afternoon and Nton" !?!. .'.".V" . ."i.?."1.".' him roughly around the neck. He paid the Journal office a brief call, wPVVr!c.!V."'.n.t.I,.!t..t.0. 1?" did not know up to that time who it and while here paid for their sub- v'KaYoV,'roa'r to paupers! '. tnred the law mlfrhr hnvn nrndnred was. This Wa8 In front of Dr. Dell's scrlotlon tO the Journal, also renew- F M Svoboda. salu'rv and' lail'n a fracture of the skull. He modified office- He lmd n0 scratch on his neck ing for their son Edward, who has T'yc Yabbrhiior' 7.7.7.7.7.7. "'.oo this by stating this condition could when he left home. Witness exhibited for the past two years lived out near lMuttsmonth Water Oo. water 1 be produced when the man was acar on his neck to the jury. Byrnes Manley, but is now moving back to Katherinn Minor, labor Iierord- standlng up but very improbable If Put t there. The men clinched. Cedar Creek, and will reside on the wVirnHenTrVnH.'aia-y'."'.'. .'..".' m.oa west. He did not kick Byrnes from the man was on the ground. If the Bir"egiea ana ien ore me wain, rarm lately vacated by Ills brother 1 1 LtJ t ro m, w it n ess t Vise n it op any direction and his view was unob- man was conscious It was possible Witness couldn't release himself.- John, who Is moving to the Irwin 01e. ' structed. Byrnes made no move- this fracture might be produced. Evrnei nit sn tn'l or hwi'w ns wit- rncr.ts after lie fell.- Witness was T)r. v T). rummlns railed, llad ih-ss. First' knew Hvrnes when thev farm bouthwest of Louisville. The Id-It's restaurnnt, meals li jifv 70 24.40 HSVllie. Hanim.. ml ft Stephens. s'lop ltM 1.6ft Hell's are otirt of the best families in K physician s salary 4lh fell off. Did not know where Van noy or Mrs. Stang were. He was protecting himself and did not try standing near th post 10 or 12 feet practiced medicine some 20 years. from the men. Witness heard no Knew defendant. Graduate Omaha one say "Now, give It to him." Wit- Medical collece. Shown shoe Intro- ness nan no time to interrere. dncerl. Testified that b had mad to throw rivrnes off the walk. After Mr. Doyle sought to show witness' a microscopic examination of the they fell Byrnes lay to southeast. wife and M. W. Spahnle were holding shoes and found no blood stains on Witness struck deceased two or three witness' hands to prevent him taking them. He examined the nature of times. Could not say how hard part in the trouble but witness de- Internal hemorrhage and brain les- Did It to protect himself. Then dis- nied this. Mr. Doyle also sought ion, and the resulting effect. covered Byrnes did not move, lie to show that feeling existed between rjr Cummins' testimony was de- then got up and picked tip his hat and witness father and deceased over pended upon to elucidate the intri- Kot on the sidewalk. Witness was a law suit between witness' father cate medical terms to the jury so as al,out a foot or a foot and a half and deceased but witness absolutely n nnhi thom tn nndoretnnd tho from the walk along Byrnes. Wit- denied this. Defendant was on the terms. Ills medical testimony was nuarter 15.00 is T K Schliiter jury and tmllf e.-rts 67 r.. 1 mighty proud to class them as friends ' 'Htn rent of m.VrVuo etc lt. no M Archer. Slute vs. John Clarence 4.7S C t) Otiliitnn. same ?.H I'leasalit Visitors. The rintlHinoutli Journal prlnt'K 2o.0fl K !: Hilton, snlnrv 4N.IW John Spenee from Louisville was In linns Johnson, md'se m poor.... M.n 1 , . i i i i i . 1 n : it the city yestreday, and to renew his r ,.f nVobort. costs St. Vi"j.'i.n Ilouirh ...,T 2.10 ,T J Andn's, same ? 10 Cass county, and the Journal of the Journal. subscription to the Journal. he was hitting him. He was kind of crossways over Byrnes' body. On redirect, witness testified that Fred was not a witness in the law suit and and the two had been good friends since. r.. ii.,. .-i. ti,,i,. I V C ItHnii. v. hmI hi-v and exp.. PR.4 I WUI m v , j Rvov,Mi.. iH,,r - oS!)rt Helm, from Louisville, was in tho 1'lntt. Tel. ('. toils and rent.. 36.S5 ,. . , .. ,, . . J M JlrotiHck, nidse to farm.. 25. HO city yesterday attending to some bus- ,j n -rums, salary 60 oo iness matters. We were pleased to r.'wood to farm ! 1 7 ilil see the old gentleman enjoying hla VrA nienimuurn, lr to farm.. ness swore to God he never kicked usual Eod heaUh- ;T, rVln.ry A' 'iv. 6Vd Our excellent friend, P. B. Smith, n smith, poxtni supplies ij.73 I . . . . I . ... I iMIIUI IIITl ri. IIMinn . . n. i tont and to the same effect. He be- ,Jia 1101 remember a team Dciween from east or Murray, in company witn n m Komnirhnon. m.iM si.os nrt,.j 9 i,u v mm ana nvrnen. srnnm( mmnz i nnnthor nni nr nnr ?nni rnrmnr ' ,nurll,,i lM,iurni llfVril lllt-f I I HI I III M III II H MK I III III I" I " I " " I -'-.' vw w vm nw"U aliltr faiiaa1 r 4Ka all rv 4 Vi r Byrnes as booh as he discovered vuotu w.c ..... ...... - . ., .. . . . . I'eter Clnrence. ssme walk. Witnesses believed blood 'Vines wasn t moving. Byrnes lay ray, were in tho city yesterday look- i iinthwuy. same . , livlth fun.. tiU'a rH D..ll t K U'ltut fill! I Inn nfln. urxmA niulnAaa tnnlla.u o rwl I ' t I rl Hie, Same . woum nave oeen oozing irom an '"n ..... .... . ,,lf .4 . nvmo no ..lum..., ...... iietnney. right side of deceased's body when largely corroborative of Dr. Livings- HyrncB. Stood on walk a minute. n um in. in friends, Geo. S. Ray, from near Mur- o w Haxon, some j.ss i.zn 13 same abrasion of the skin caused by kicks nIs butk- nt think he struck whllo here Mr. Smith paid this office ''NV ''. ""w I . . . . - . - . - I T.... .... 1... l,l , .1 1 .1 nn. I . L.I..I 11 I .. . 1 I ' ' " .... Mrs Fred Ossenkon called. Wife administered by the shoe introduced ij nv um i umi nut nm-niug m VuVvi. in M.riure. same ... ' ' I. ..... ... ... I inw viirht Hint ,ini.i -- ... H V Hell same of defendant. Mved near Walton, in evidence, witness Deiieved the l"Ul """--" u' u I Henry snoke, one or tne sterling ilr. v . MeKeod. same I t ... .u- i...ii iv. i i I remarka nhnut tnklnir fnmllv tn nle-l . i.i . ... i ..... .1... (' O Anderson, seme .. not hear sound of fall or blows. Saw was in Eagle on septemDer it), was ' " ""f" ; " " - " r cuizfim oi nusie is m m - j, n swttzer. salary and exp. Ossenkop strike Byrnes two times married March 25 at Eagle. Went caused.or might not by a kick de- um uui u.wuu iu i.ju.e dajr on tne Ossenkop trial but did not hear blows. George home on the 16th about 11 o'clock peding upon the position of the foot. stood south of her. . Ossenkop p. m.. and then saw scratch on de- He thought it Improbable a kick ad- h,m '10 waaon for having. Wit- There was no ministered from the rear of the head ,,,?H8 -uvniea uynies.was aueaa m I I . inim avftuiu in t n a ul tii trtrln onl rt I I 1 the walk. Did not see him pick up scratch on his neck when he went to woum nave proaucea me rraciure. " There was blood on his The cross-examination of Dr. Cum-1 1 " "f'"1' was uchu uuui ue mlna hv f r . rinvlo wn a verv was laia on the sidewalk, witness anything. Byrnes lay with hla head Eagle. There was blood on in tho smith HenH uas nhnut 2 U 1 shirt which she washed out. Wit . . .. .. . ... .1 .. ... . . ihnmiiKh n.ij AvhaimitvA nnA ..j wu exciiea ana iouedi in ieei iruiu muvwait, n imi'M uiu iiut vo luciuuicu a iian u. .uun as i o- t i . I ifl to look after matters In con nectlon with the Ossenkop case. l.so i if 1.2 1.00 l.AO 1.00 1 AO 1S.60 C II Jordan, same 32.20 M I. Frledrl. h, same 10H H V tllrarilHt, mdne to poor . . 18.01 Dr. I. Minwr. post mortem Charles Kvrnes RO.OOi Dr. J. M. Neetv, same 60.00 H Hector, rent to nauper 4 00 Stone Mere. Co. mds- to poor .. 00 t'llver ft Vhkers. livery 3.00 Frank Clomnnta la nmnnar those Met. 1'routv. livery .1.54 ... Claims allowed on the road fund; John Adams, one of the foremost citizens of Western Cass county Is In the city called as a witness in the Ossenkop case. self-de-1 coming down from his home at Ea- several points were developed which were of value to the state's side of Bhown as his worn at the time of the the case. His cross-examination was trouble. Witness was visited In Jail Will Norrls, another of Tipton alone the same lines as that of nr. by the county attorney and sheriff, precinct s best citizens, is in the city . . . mmi.,. . n I tndav attending tn matters tn rnn. Witness went ud the street and sat , n Livingston and developed practically "" "" '- , . . . " I" ' .. ... . . '"lBBI vuuiiijr. tvuow uiuro. . ,.. .,,J K.. Byrnes. necuon wun me ussennop inai. that Kentleman. Dr. Cummins made r, ... Ed. Carr one of the best men in see Fred Ossenkop kick deceased. lie I those worn by defendant on that day, didn't kick him at any time. She No cross-examination. was present all the time. She did not see the man with the flashlight Mrs. Edward Ossenkop called. Sis ter-in-law of defendant. Lived In A crowd I down with her children. gathered. Mr. Doyle cross examined witness, She heard no one speak to defend ant after the trouble. Ossenkop Had seen Byrnes and defendant to gether at dances. Was In Eagle on September 16th. Saw Byrnes there first at the time of the trouble. Wit ness Identified photographs of how a very fair and straightforward wit- Cross-examined by Mr. Doyle. Witness did not recall anyone asking Cass County, came down this morn- A V Hturm, lumber to K.D. 12.. 1250.00 Plttiniin ft Davis, mdse 10 .... 9 II 3 P Wolf, mdse 2 3 11ft C A P.lehey, lumber 3 . Jobn Ihitier. nails 1 1.&0) Claims allowed on the bridge fund: A V Sturm, bridge lumber. . . ,f 370.0K C A Plchev, same Ill JS Cedar Creek Lumber Co. ssme (6.3S Hoard adjourned to meet March 16th. 10. W. K. tinsenrrsns. ' County Cterlr. riatt8moulh. Neb., March2. 1901. ness although manifestly strongly for how Byrnes met his death except rel- from homeat L,:i b'"g tho defense. was facing south when Byrnes came the several teams were tied near the down the street. Fred was two 8Ceno 0f the trouble, as correct. Wit subpoenaed as a witness in the Os senkop case. Geo. Vannoy, Albert Stange, and J. C. Mick, all of Prairie Home, Neb., called at the Journal office this atlves. Knew Ben Root. Denied George Vannoy recalled by tho stating he did not know how Byrnes state for further cross-examination met his death as he was dead when feet south going south. Byrnes came Less testified substantially to what waa a8ked "c8ardlnS a conversation he got to him, in Root's presence, u n and erabbed him by the coat. She ntovinn- nit with Charles Winters in January, dm not remember belnir in the sa- dldn't see him until he was right In Durn9 KrabblnK defendant and their 1909 ,n whlch ho 8R,d he d,dn,t know loon with Byrnes or drinking with morning. They are most pleasant front nf her. nvrnes crabbed Os- rf th wait, Tb. nran. a darned thing about It. He didn't him that dav. Thev had never nuar- Rentlemen and we were aeiignien sonkop around neck and they tCaiy 611 she saw. Witness testified remomber Ba'lnK that but did remem- reled. Had not seen Byrnes at the to meet them. Whllo hero Mr. Mick . Ume t hoye been B0 teeble that clinched gfalllng from the walk. a, t0 the location of other witnesses WT noiainK a conversation witn nun. time he went into the pool hall nor .tc.i me journal a.-.u u uu, .i i, bave ntt1 to be wnoeiea arouim She was even with tne men and for the defense and also regarding Mr- Gerln8 developed that he had did ho see Vannoy at the time. He nd m1h8 JeHsle M,ck at Prairie Homo tn invalid's chair. I had no atrengU. ahmit threo f.Mt awav. No one lm- tk dtin nmt ,mj msiruciea witness to tell people that did not know whom Vnnnnv whs. Editor J. E. Brlnkworth of tho ana too eoia i wi ..suw. FEEBLE OLD LADY Has Strength Restored By Vlnol Mrs. Michael Bloom of IewlBtowv Pa hn Is 80 rears of age. says: "For ... a I mediately south of her or dpi ween ted in tho vicinity. Witness con her and the men. Rose inters was tradlcted the state's witnesses as to nearest north. George Vannoy three (ne Btart 0f the trouble. or four feet south of her. Mrs. Ed. Ossenkop and Alvena Schroedcr w re on the bench during the fight. At Cross-examined by Mr. Doyle very little elicited of consequence. he didn't know anything about the Though ho met him as they Btarted Eagle Beacon, Is In the city today case, ir witness had told Winters BOuth from the pool hall. Did not called here as a witness In the Onsen anything that was the reason he did see Stang or Byrnes when he was kop trial. Editor Brlnkworth Is one SO. tnlklnsr tn Mra. fitnnir Ilvrnen behind of the brightest yoiltlK newspaper The assembling of court this af- him when defendant first saw him. men In Cnss County and he hns ternoon following tho noon recess This was in front of Dr. Defl's of- niado the Beacon a paper highly torney Doyle vigorously croHH-exnm- Dr. J. 8. Livingston called as an found a very large assembly of la- flee. Did not know Byrnes was there credltablo to Eaglo and the county. ined witness on the relative posl- expert testified that ho was con- dies present. Intense Interest was or who It was at tho tlmo of the talk. While here he made the Journal a tlons of witness and Ed . Ossenkop nected with tho medical department manifested In the announcement that Byrnes grabbed his cont on the right pleasant call and he can be assured and succeeded In confusing her con- of the Burlington Railroad of which the defendant would take the stand ns side. Held witness. Witness that ho Is always welcome, fllderably on this. Witness did not his brother T. P. was formerly chief tho first witness. The announcement turned around. Did not know It wns Mr. and Mrs. Wallace Bailey, see her brothers Henry and Otto surgeon. He was a practicing phy- mado Just prior to the noon adjourn- Burnes who grabbed him by the neck, who have been visiting Ihe latter s Kettlehut after the fight. Saw Ed. Islclan, graduate Omaha Medical col-lment served to bring a largo crowd Witness had not touched him. Wit- sister, Mrs. Laura Walllnger. and and Fred OsHenkop in the street af- lego, and had been for eleven years. I of spectators. A delay of several ness then took hold of deceased's their mother, Mrs. Mary M. Stoehr, at ter the fight with their families. The examination of this witness was minutes was occasioned by Judge nrm. Hu had known ByrneR 16 or 17 Cedar Creek for six weeks, wero In Did not see Geo. Vannoy talking to very largely technical and was do-1 Travis who had entered upon the pre- years. Witness gave details of his thlH city today and departed on the Henry Schroeder In tho street. I signed to show to the Jury that the paratlon of his Instructions to the personal acquaintance and assocla- evening Burlington train for their Witness looked directly at the fight, fracture which caused death was Jury and It was 1 : 50 before tho nfter- tlon with Byrnes but he did not rec-1 home In Pckln. III. tlon, which Invartably settled on my lungs, and a cough would result My on learned of the cod nver prep aratlon callod Vlnol, and procured bottle for ma It built up my strengta rapidly, and after taking three bottlw I am able to do most or my wora, ann I cam walk a quarter of a mlla easily. Every aged or weak person who r quires strength should try Vlnol. I am delighted with what it nas aone io me." As a body builder and atrengih crea tor for old people, dollcate children, weak, run-down persons, and aftot tcknesa, Vlnol U unexcelled. It It (alia to rtva satisfaction we will ra turn your money. GERIXQ & CO, Dtiggists