The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, March 04, 1909, Image 3

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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
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
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-
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
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.
10 no
9. SO
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' "'.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
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
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
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.
i if
1 AO
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.
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.
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.
Has Strength Restored By
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.
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