I i
! . i
CLMlUQE
Jury is Selected
Make Opening
The opening of the trial of John !
Clarence for the murder of Jno. p. J
Thacker In district court this morn-
inc served to brine cut a large !
number of Interested spectators who
flocked to the court room sometime
in advance of the opening hour.
A large number of the specta
tors were from Union and its vicin
ity, many of them being witnesses
for one 6ide or the other. The In
terest shown by the general public
was greater than that shown In the
Fred Ofsenkop case doubtless on ae
' count of the proximity of the oc
currence to the place of trial.
Clarence Is charged with murder
In the first degree, having shot and
killed Jno. P. Thacker In January
last, nt the farm of James Dar
rough, near Union and Murray.
Court was prompt In convening,
Judge Travis ascending the bench
at a few moments past nine o'clock.
Some morning business was done in
cluding the dismissal of the damage
case of Pratt vs. Marsh.
tourt opened with the defendant
present with his counsel, Byron Clark,
and the State represented by Coun
ty" Attorney Ramsey and Matthew
Gerlng. The aged father of the de
fendant occupied a seat beside him.
The calling of the Jury proceeded
promptly. Peter Campbell, Andrew
Stohlman, Geo. Cook, Chas. Cerlach,
Geo. Barton, Geo. Horn, D. A. Mil
ler, Jas. Eager, John Edmunds.Jas.
Turk, Wm. Starkjohn, L. D. Mul
len, sr., were the first twelve men
called to the box. County Altoreny
Ramsey examined the Jury on the
part of the state.
Jury Examined.
Peter Campbell examined. Knew
the parties but had no opinion In the
case. He also knew the counsel In
the case, Mr. Clark having represent
ed him. This would not Influence
his verdict, lie would naturally
sympathize with a cripple, such as
defendant. In rendering his verdict
he would be governed by the law
and the evidence. The Juror talked
low and caused considerable protest
from counsel. He was a married
man.
Andrew Stohlman had read what
purported to be facts In the cam.
He had no opinion In the case. He,
also, sympathized with a cripple to
some extent. It would not affect his
verdict. He did not know the de
fendant. He was married, with
children.
Geo. Cook had read of the case In
the Plattsmouth Journal. He had
no opinion In the case, knew At
torney Clark, but that did not in
fluence him. He had sympathy
with a cripple. Attorney Clark ob
jected to the Juror being asked as
to whether it would require evid
ence to remove this sympathy and
considerable argument resulted be
tween counsel, Judge Travis over
ruling the objection. The sympathy
was not such as would require evi
dence to remove. He coul l give the
defendant a fair and impartial
trial.
Chas. Gerluch was ir.ariiod, a stock
buyer and had heard of case but
not the facts. Had no opinion.' Did
not know defendant or father and
had no business with Attorney Clark.
Defendant being a cripple did not
create sympnthy. No reason why he
could not render fair and Impartial
verdict
Geo. Horn had read the facts in
the paper. Had no opinion. Mar
ried man. Cripple did not create
sympathy. No reason why he could
not be a f-,ir and lianartl:-.! Juror.
George Uarton had heard or read
of case. Had an opinion which
would require evidence to remove.
Might render a fair and Impartial
verdict In the case, but probably
could not
Wm. Ptarkjohn had rend of the
case. Hnd no opinion. Did not
know defendant or his father. Knew
Attorney Clark, but that would not
Influence verdict Cripple did not
create .sympntny. louia render a
fair and Impartial verdict. Single
man.
L. D. Mullen, sr., hnd not heard
of case, Had no opinion nor did
not know defendant or father. Knew
Attorney Clark, but that made no
difference. Cripple did not create
sympathy. Could render fair and
Impartial verdict. Married.
J. W. Edmunds had heard and
read of caae but had no opinion, knew
defendant and father and Attorney
Clark, who had acted an counsel for
him. That made no difference. No
opinion. Cripple did not create synv
pathy. Could render fair verdict
Married.
Jas. Eager had heard cf rase.
Had no opinion. Did Hot know d
MURDER
CASE ON TRIAL !
and Attorneys
Statements
fendant. father or Clark. Cripple
did not create sympathy, could render
a fair and impartial verdict. Widow-
er.
Jas. Turk had heard and read of
case. Had an opinion, such as would
require evidence to remove. Might
render a fair verdict.
D. A. Miller had read and heard
of case. Parties who talked to him
claimed to know facts. Had an
opinion, such as would require evi
dence to remove. Could not render
fair and Impartial verdict. .
Mr. Barton could render a fair
and Impartial verdict on the law and
the evidence.
Mr. Campbell did not think the
fact of defendant being a cripple
would cause him to deviate from1 the
court's Instructions and could render
fair verdict.
Mr. Stohlman thought likewise, as
did Mr. Cook.
Attorney Clark examined Juror
Barton who lived at Union, who knew
all parties and Attorney Clark chal
lenged, for cause. Mr. Barton was
excused.
S. R. James was called as a Juror.
Had heard and read of case. Had
an opinion which would require evi
dence to remove. Could render fair
verdict notwithstanding. Did not
know parties, knew Attorney Clark.
Single man. Had sympathy with a
cripple, but could render fair and
Impartial verdict. Would require
evidence to remove the opinion which
he had. Challenged and excused.
O. C. Dovey called. Had read of
case. Had no opinion. Did not
know defendant but knew father. Did
not affect his verdict. Cripple did
not create sympathy. Knew Attor
ney Clark, but did not affect a fair
verdict.
Attorney Clark wanted County At
torney to exercise his perogatlve and
use his challenges who had opinions.
County Attorney Ramsey argued
against the motion. Judge Travis
looked up authorities.
Attorney Clark examined Jurors.
Mr. Campbell knew John P. Thacker
In his lifetime. The additional facts
developed In hia examination.
Mr. Stohlman did not know Jno.
Thacker, and nothing developed
In hla examination.
Mr. Cook did not know Mr.
Thacker, and nothing developed on
his examination.
Mr. Gerllch did not know Mr.
Thacker, and nothing developed In
his examination.
Mr. Horn's examination developed
nothing.
Mr. Dovey had business with
County Attorney Ramsey, which did
not affect his verdict. Knew Jno.
P. Thacker. Aside from this noth
ing developed.
Mr. Starkjohn's examination de
veloped nothing new.
Mr. Mullen knew Jno. P. Thacker,
but. nothing additional of conse
quence developed.
Mr. Edmunds knew Jno. P.
Thacker, but nothing additional of
consequence developed.
Mr. Eagle's examination develop'
ed nothing new.
The question of the County At
torney a duty to challenge Jurors
where an opinion existed, here came
up and Judge Travis, on his own
motion, challenged Juror Miller, af
ter an examination of him, for cause.
The same course was tnken in tp.
Rard to Juror Turk, after question
ing.
Matt Jirousek and John Colbert
were called to take the places vaeat
ed.
Jno. w. Colbert wna a married
man who had read of case but had
no opinion. Did not know defendant
or father, knew Attorney Clock.
' ripple did not create sympathy.
Could render a fair trial and ver
diet
Matt Jirousek had rend of case,
but had no opinion. Did not know
defendant or father. Knew Mr.
Clark. Could render fair verdict
Cripple did not create sympathy.
Mr. Colbert's examination by At
torney Clark did not dissolve any
ining new ot importance. Did not
know John P. Thacker.
Mr. JlroiiHck'g examination re
sulted likewise.
Judge TravU announced the State
would be entitled to six challenges
and the defense sixteen. Some
question arose as t0 the order In
which the challenges were to be
made, and a long conference be
tween counsel and the court ensued.
The order wag finally determined on
giving the state first and last rhal
lenges. County Attorney Ramsey waved
hi first challenge and the defense
challenged.
K. I'arimlo calk-,!. Had heard
ai!;1 read of the case but no opinion.
Knew defendant by sight but not
ather. knew Clark, but that did net
affect verdict. Cripple did not create
sympathy. Would render a fair and
impartial verdict.
Mr. Clark's examination develop-1
el that Juror knew Mr. Thacker but
that did not influence him. Noth
ing further developed.
The State sprung an unexpected
.surprise by waving their third, fourth
and fifth challenges while Attorney
Clark waved his second and all his
remainder. The state waived the
last challenge and at 11:10 the Jury
was secured. They are Feter Camp
bell, Geo. Cook, Jno. Edmunds, Chas.
Gerlach, Andrew Stohlman, Geo.
Horn, Jas. Eager, Jno. Edmunds, L.
D. Miller, sr.. Wm. Starkjohn,, Matt
Jirousek, Jno. Colbert, Q. K. Par-
mele. A recess of a few moments
was taken, court re-convening at
11:20.
County Attorney Ramsey then.
made the opening statement on be
half of the State, explaining to the
Jury that the state expected to show
that on Jan. 15, on the farm of Jas.
Darrough corn was being shelled by
a sheller belonging to Jno. P. Thack
er, who was attending a funeral on
tlje morning of that day. There
There was a number of parlies
present at the time, ho naming them.
He described the Darrough home
some 500 feet from where tae corn
was being shelled. Ho also described
the premises surrounding the place
where the sheller was and th j nature
of the crib. He also described Hie
position of the sheller with reference
to the door to the corn crib. Men
were shelling and hauling corn when
Mr. Thacker arrived there about
half past two o'clock In tho afternoon
When Thacker came over he was
horseback.he got off and walked over
at the time he came Ira Clark and
Lewis Crawford were In the crib,
one kneeling and the other stand
ing. Carter Albin and Earl Albln
were quarreling. Carter Albln was
In a wagon facing his nephew Earl,
who was on the ground. Mr. Thack
er was related to both parties. Mr.
Ramsey here described the exact sit
uation of all the parties at this
time, as the State expected to show
It, with Lee Thacker on the ground
and Jim Stevens was In the engine
cab. He could not now be found In
the state for some reason or another.
Earl Albln was between the wagon
and the crib. Mr. Thacker saw the
quarrel and remarked to his uncle
something about slapping Earl'd; face
when John Clarence said to Thacker.
Keep your G D nose out of
that or I'll shoot H out of you."
He turned and saw Clarence with a
revolver. He stooped to pick up a
piece of fence board when Clarence
shot him Just which shot could not
be shown. Mr. Thacker was n very
large man and Clarence small. Mr,
Ramsey explained the evidence cf the
medical effect of such a shot. As
Thacker stooped the second shot en
tered his breast and stomach caus
ing death. The men were ten to
fourteen feet aparrt when the shots
were fired.
St. Mary's College Team.
The Journal Is In receipt of a
picture of the St. Mary's (Kansas)
College teams, which will represent
the Southwest at the Yukon-Alaska
Exposition at Seattle, Washington.
The picture shows a fine looking
bunch of boys, and can be depended
upon to make good. Leo Tlghe, son
of Mr. and Mrs. John Tlghe, of
Manley, is attending school at St.
Mary's, and of courso focls a deep
Interest in this team. If the boys
can play ball as well as they look,
they no doubt will return home with
banners flying, to be welcomed by
their many admirers. Success to
them.
REPORT OF THE CONDITION
or TH
Ba.nk of Cass County,
of riattsniouth, Nebraska.
Charter No. 642.
Incorporated In tliotte of Ni)irakft, at the
close of liuxlni'wi May fj, itm.
UKHOIKCTS
t.oaim anil dlwonnts $"NM4 7!
ttvcrtlrafm. aivurvd and unsvui-fcl.. ' '; j;
Howls. Htm-k, MViirllW'M, jmltrmt'MM.
claim, etc jyji" 44
llanklnir house fimilltiw and flx-
tuivs K,yio 00
utlier tval psIMo um no
Curtvnt rxiMim and U.xrs paid sisw Sh
Cash Item 13 jq
lnp from nati, state and iirtvate
bank and lankcr 110.441 ,Ht
Ohivkn and Items of rxt-ltaniw Vs at
i(m:m 04
Total i.urc.s 7
UAH1UT1KS
Capital stork lald In $ 511 noo on
furi.l.m fiiiid... 2...() 10
I lullvliletl pivtll A S7t V
Individual IhmIIm autiltvl to eluvk UT lM !W
I vmand t'rrtllti-ates of tii'iswlt u
Time wrtlnVatra of di'otwlt M . (
Cashier's cheek niitandlnir 17 IH4 ml
luie to nati, state and private liankx
ami hankers 4.673 At
!'' Ms:. 7S
Stat or NttniunKA, I
(ot'NTT (irtAss (" I. T. M. rattcmnn,
cashlerof tln almv named hank, do hervhr
swear that the alsit statement Is a correct and
inn- i-oiiy 01 me rvoon mane tot tie pt at Hunk
Intc Hoard. T. M. 1'attimsow.
Attiafr,HA .r- I'"! . Mreotor.
, IK. . F.ofNHKHitiH. Director.
Hulwi'rltu'd and sworn to Is' fore nt tlil 1st
lllll'l junp.mv, ztta Khown.
iu ,, , Notary I'tihllc.
lall My commission expire Mar. I'.Mh, IvlS
OOTTS
FAMOUS NORTH PLATTE VALLEY
BEST IRRIGATED LANDS IN THE WEST
Thirty thousand acres fertile
land in a splendid climate, water
ed by one of the biggest irrigation
systems in the country. No Ne
braska land of equal area will
support more families.
Tuesday, May 18th is the date of
our second excursion for the sale of
the famous TrI-State land at Scott's
Bluffs, Neb., said to be the finest
single body of Irrigated land in the
United States, embracing 30,000
acres, of which 10,000 acres will be
sold Immediately.
This land Is owned by the TrI-State
Land Company, of which E. A. Cud
ahy is president, and Is under the
great, Tri-State Canal, one of the
largest systems of irrigation in the
west, constructed at a cost of $2,000,-
000. Six four-horse teams, 24 horses,
can stand abreast across the bottom
of the canal, which for the first few
miles Is ninety feet wide on the bot
tom. It is half again as large as
the immense government Pathfinder
canal. Its headgates, dams, Intakes,
waste ways, and drops are wholly
constructed of steel and re-Inforced
concrete. Its every part represents
the highest achievement of modern
engineering skill and workmanship.
The Tri-State Land Co. has pra
tlcally the first water right out of the
North I'latte river, and for an im
mense amount of water. When it is
also remembered that the South
Platte waters all the irrigated land at
Fort Collins, Greeley, Fort Morgan,
Brush, Sterling and Julesburg, and
supplies only one-forth as much water
All irrigated Lands advance
steadily to $300 and $500 per
acre; they never go back. Think
once more; act.
For further information call on or write to
Windham Dnvestment o., '
Plattsmouth, Nebraska.
Associate Agents with Payne Investment Company, General Land Agents, Omaha, Neb.
Union.
From the Ledger.
A. E. Stltes departed Saturday
evening for Burlington, Iowa, to
spend several days visiting some of
his friends and taking a rest from
the worry of business.
JesBe McKean and wife departed
last Friday for Kiowa, Oklahoma,
where they will make their home,
and The Ledger will keep them in
formed as to happenings here.
Samuel Goodwin of Marshaltown,
Iowa, and Mrs. Wm. Hobson of
Weeping Water, brother and sister
of Mrs. J. W. Plttman, arrived on
Tuesday for a visit at the Plttman
home northwest of town.
Prof. G. C. DcBolt, principal of
our schools the past year, departed
Saturday morning for Omaha to
visit a few weeks, and from there
he goes to Peru for the summer,
after which he takes up the work
as principal of schools at I'nadllla.
Ills many friends here wish hlni suc
cess In his profession.
Louis Kohrell, residing on the
Reynolds farm southwest of town,
has a rare and peculiar roln which
he found while plowing his garden
a few days ngo. The coin has the
dato 1807 very plain, showing It to
bo 102 years old. The hieroglyph
ics thereon are a mystery to all who
have examined them, being foreign
characters. Tho coin Is silver and
the size of tho American dollar.
"Billy" Betts and .lohn Dukes of
Avoca.and Judge Barnes, Harry Heed
and Chns. Baldwin of Weeping
Water, came here hunting for fish
ing fun, and Itoy Upton took them
under his hunting wing early Tues
day morning and headed for . the
river. There they launched their
crafts and floated and fished down
the river, reaching Nebraska City In
time to return on the train last
evening. They say they had a fine
time and caught 75 pounds of flab.
BLUFF COUNTRY
UP THE
OF NEBRASKA.
at the .North Platte, thesuffklency of
water uider the Trl-State canal can
never be questioned. It is this fact
that is bringing so many of the
Greeley, Fort Collins and Fort Mor
gan farmers to the Scotts Bluff coun
try, who all declare Its land and wa
ter equal or superior to anything in
Colorado, while the prices are only
a fraction of the Colorado prices. This
magnificent body of land at Scotts
Bluffs represents the best there Is in
irrigated land. The two big canals,
the government and the Tri-State,
represent a combined cost of $4,000,
000, which is an evidence of the val
ue of the lands.
Speaking of tho Irrignted Land,
Just remember:
First Irrigated land produces the
maximum every year. Your eastern
Nebrska and Western Iowa land
never produces the maximum, be
cause even if you got Just enough
rain at the right time for one crop
it would destroy part of the other.
Second On your eastern land you
you raise 40 bushels of corn on an
average at 40. cents per bushel, at a
cost of $8.00, leaving you $8.00 clear
profit. We will take you to many
men at Scotts Bluffs who raised 250
to 400 bushels of potatoes per acre
and sold them at 40 cents, this year
considerably higher than that; 15 to
They all told the same story, and
we'll have to believe It.
Miss Mabel Davis, of Weeping
Water, the accomplished daughter
of Mr. and Mrs. Wesley A. Davis of
that city is in the city, the guest of
Judge and Mrs. B. S. Ramsey. Miss
Davis ranks among the leading
teachers of Cess county and our City
School board, recently employed her
for the next year as one of our city
teachers.
Shorthorns for Rale.
Three good registered Shorthorn
yearling bulls for sale. Also good
fresh milk cows. Mark White.
SPECIAL
EXCURSION RATES EAST: Daily low round trip rates, with thirty
days limit, in effect early in June to New York, Jersey Coast Resorts,
Boston, Montreal, Portland, Me., and other prominent eastern resorts.
Somewhat higher round trip rates daily, with all Summer limits, to
New England, St. Lawrence River, Atlantic Coast and New England
Resorts Also desirable round trip rates to Wisconsin, Michigan, etc.,
including Lake Journeys from Chicago to Buffalo and return. Rates,
details, destinations, etc., may be had of your nearest ticket agent.
EXCURSION RATES WEST: Seattle Exposition, California, Pacific
Coast Tours, Denver and Colorado Resorts, Black Hills, Big Horn
mountains, Utah, Yellowstone Park circuit through scenic Colorado
and Yellowstone and Gardiner gateways. Homeseekers rates first and
third Tuesdays. You can reach all western Summer resorts on very
desirable rates this Summer. Call on nearest ticket agent for special
publications covering any western tour.
W. L. PICKETT, Ticket Agent.
I. . IUEIET, I. P. ., luM, Nil.
liliiiinaniii
lltilifD
Men from tho Greeley district
of the South Platte country say
the advantages of the North Platte
are superior and the prices are
one-fourth to one-third less. Read
again; think.
25 tons of alfalfa at $8.00 per ton;
100 bushels of oats at 40 cents per
bushel.
Third It is a singular thing that
while the majority of farmers who
buy irrigated land know nothing of
irrigation, you can never interest an
irrigation farmer in any other kind
of land. He doesn't have to under
stand all about irrigation to succeed.
The ditch rider knows and the farmer
soon knows.
Fourth' While your Eastern Ne
braska land will go on up to $150
per acre, It may then stop, or it may
go back to $50 or $75, like the
same land did in Pennsylvania, Ohio
and New York. But your irrigated
land, increasing its fertility and pro
ducing power each succeeding year,
will do like the other Irrigated lasd
in this country and Europe go on
up to $200, $300, $400 and $50O.
per acre, and will not simply "keep
you," but will make you rich.
This land lies so perfectly that a
flat price of $70.00 per acre has
been fixed on all uncultivated land
and $80.00 upon cultivated land;
hence the first excursionists have the
cholcee of the entire land. A re
gular excursion will be run every
two weeks.
One price to all $70.00 per
acre for uncultivated; $80.00 for
cultivated. First come, first
served. No favorites.
For Constipation.
Mr. L. H. Farnham, a prominent
druggist of Spirit Lake, Iowa, says:
"Chamberlain's Stomach and Live?
Tablets are certainly the best thing
on the market for constipation. "Give
these tablets a trial. You are cer
tain to find them agreeable and pleas
ant in effect. Price, 25 cents. Sam
ples free. For sale by F. G. Frfcke
Henry Prosser,
Contracting, Plastering-, Brick and
Stone Work, Concrete Foundations
and Walks. : : : : :
ALL WORK GUARANTEED.
Phone 107, Elmwood, Neb.
SUMMER
A
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