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Neb. State Illatorlcal Eec. moutb Journal DC SEMI-WEEKLY EDITION- EIGHT PAGES VOLUME XXVIll PLATTSMOUTH. NEBRASKA. THUKSDAY, JUNE 10, 1909 NO. 228 Platte JURY FINDS JOHN CLARENCE GUILTY Fixes Crime as Murder in Sec ond Degree - Last Testimony i Dr. J. S. Livingston called. Dr. Livingston testified to having exam ined defendant's head and finding it more or less bruised as from a blow. An attempt to show at what distance such a blow could be inflict ed was ruled out. Peter Clarence called. Witnesss testified to the size and demlnsions of John Clarence's team his testi mony showing' the team to have been about 5 feet 4 inches in height. Dean Austin called. Lived at Union. The reputation of Mr, Thacker was not quarrelsome. No testimony as to his temper was ad mitted. Sam Smith called. Liveryman and Draylng In Plattsmouth. Had measured John Clartnce team. One mare 5 feet 3 1-2 inches and 5 feet 4 inches. The other horse was 5 feet 3 1-4 inches and 5 feet,3 1-2 inches in height. Nelson Jones, drayman. Saw Clar ence on Jan. 15th in Tom Troop's cigar store. He came up street on a horse. Went into Troop's store. He was inquiring for police. Defendant inquired for Mr. Cory. Defendant unbuckled a belt with gun and holst er in it. What he said was ruled out. Defendant said "Mr. Cory, take these and lock me up, I shot John Thacker." E. M. Smith called. Lived near Union. Farmer and stockman, 56 years of age. Knew both Thacker and Clarence. Had broken wild hor ses and bronchos over 9 years. The practice In the west was to carry a revolver when breaking horses to J protect himself from horses which got the best of him. Knew Thack er's reputation. It was quarrel some. He had lived next to him 9 years.1 Mr. Gering crass-examined. Re putation comes of a line of honor or dishonor. Reputation is what a man does. Character means a man's re spectability and lntergrity, character and reputation the same witness had ben arrested. By Mr. Clark. He had heard people talk of Mr. Thacker's dis position to quarrel. He took that In to consideration when he spoke of Mr. Thacker's reputation. He" had never heard other persons discussing the reputation of Mr. Thacker Frank Schlagel and witness and Lennie Crawford discussed it. By Mr. Gering. He'had heard of quarrel with Frank Schlagel. Had talked with Crawford about June, 1907. Thacker had told him of Crawford pulling a gun on him. Crawford said they had had trouble in the woods and his buggy had been broke by Thacker's fault. Had visited Mr. Thacker. Don't know Thacker was ever arrested. Th$ Houston quarrels happened when Houston was about 21 years old. Had talked to Houston lately on ac count of this case. By M,t. Clark. ThacKer had told him In presence of Lee Thacker and Ed. Houston. "I went In there calculating to whip Lennie Crawford. He might fight and the boy had a ix-shooter,but he could eat the bul lets." Thacker did not claim Lennie Crawford had shot at him. John Klaurens, sr., called. Fath er of defendant. He has been a cripple a long time. About 20 years ago he got a touch of It. Hnd used a cane about 6 or 7 years. Caused from being thrown from a pet mule. Could not remember his age. Had seen him break lots of horses. He kept lila gun strapped on. Cross-examined by Mr. Goring. Witness never carried a gun. Rid ing witness, mare one day it slipped and fell nearly catching him. He then stated he would kill tho mare If it cnught him. He allowed hlni to ride horses whenever he wanted to. The horse had thrown him a million times, always hurting his knee. Dr Gllmoro had treated him. Had heard of trouble with Hob Kendall. Hp did not wear a cane then. Could not remember whether he com menced to use a cane before or after the trouble with Kendall. Walter Thacker called. Resided In Liberty precinct, aged 28 years. Knew defendant. Met him on Jan uary 13, 1909, at Ed. Midklff's in road. Witness in a buggy. De fendant got in buggy and lead the team behind. Witness asked him to sign a paper for a road through John P. Thacker's land. Defendant said he would sign the paper If John got paid for his land. Wit ness told Clarence how John felt to ward defendant. He told defendant to stay away from John Thacker as John was laying for him. This was In August.' He was told this by John P. Thacker and he told Clar ence on January 15, 1909. Knew Thacker's reputation to be that of a quarrelsome man. Thacker was quick tempered. Brother of John P. Thacker. Witness' father died Oct. 21, 1908. Cross-examined by Mr. ' Gering. His brother wanted witness to bring Clarence up to his place in August, 1907,60 he could whip him. Witness might have heard of deceased and defendant being at Ed. Midklff's. He might have told someone of John's Mireat. Messrs. Gering and Clark clashed over side remarks and a por tion of them was incorporated in the tecord. Witness could not re member whether he had told any one else. Walter wanted the road open ed for his benefit and John did not want it. This was the cause of his telling it. He was afraid his brother might pound defendant up. He had always known his brother to be quar relsome. Did not know what reputa tion was. Mr. Clark had brought It in as though John was quarrelsome. Did not know what character was nor whether it was different from re putation. There were two living brothers, one in Iowa and one at Homer, Neb. Had talked to Mr. Clark in his office going on his re quest made In the court room. This was during the Ossenkop case. He thought it was after his brother had been shot. He had told Mr. Clark before his brother was killed that John was quarrelsome. John was not a fighter. He heard of the quarrel with Crawford. Mr. Clark asked him about the talk John" had made to him about Clarence, By Mr. Clark. The first talk was concerning the private affairs of J. P. Thacker and the witness over the father's estate. His father was liv ing with him when he died. Ear Albln called. 19 years old. Lived near Union. Was at Dar- rough's farm on January 15, 1909. Cousin of Jno. P. Thacker. Wit ness was outside the crib wh$n the trouble commenced, on the right hand side of the wagon between the crib. and wagon. He was talking to Carter Albln. Carer said. "He was a d big headed fool." Wit ness said he probably was and want ed Carter to get out' the wagon but he would not. He took off his coat. John P. Thacker came up and said "Kill the S of a B he don't amount to anything." Thacker got up to about 20 feet of witness east and In front of the wagon. Did not hear anyone else say anything. Clarence said something but he did not hear what. Thacker picked up a board and went back to where Clarence was. Witness was 5 feet 11 Inches high. Witness could see Johnny and Thacker. Thacker hit John with the board. Johnny hoi lered or screamed. Could not say what Clarence did with IiIh cane. There was shooting as soon as Thack er grabbed Clarence. Witness went to the head of the horses as soon as the striking took place. He saw Thacker lilt Clarence twice over the head with the hoard which then broke, then Thacker grabbed Clar ence. Two shots were fired In quick succession and the third followed Inter. The men fell to the ground. Thacker on top. Thacker wnH bmk of Johnny when the second shot was tired. They were gnpplod. Clark and Crawford were In the crib when the trouble started. Did nut notice them until when Thacker got Clar ence down. Did not know whether John had his cane when Thacker grabbed him or not. Carter was In the wagon when witness started around the head of the wagon. Lee Thacker came down and stepped on Johnny's hand. John Thacker had a hold on Clarence's right hand when they fell. After the trouble John Clarence got up and got his pony. Witness went to barn with defendant who told him he was. coming to town to give himself up. Mr. Gering cross-examined. Did not know how many times Thacker struck Clarence over the head. Re lations between John P. Thacker and witness were strained and he did not have a friendly feeling for him. He had dared Carter Albln to get out of the wagon. He was Intending to lick him but his uncle was too big a coward. Witness was very defiant in his manner. He testified that he had started trouble with his uncle by throwing corn at him out of the crib with the intention of starting a fight with him. Witness had shaken his fist at his uncle after the uncle had shaken his fist at him. Witness pointed out on photograph where he and his uncle were standing. Wit ness did not know where Clark or Crawford were when the fight start ed. Witness looked over the hor ses backs. He saw Thacker stoop down and pick up a stick. Mr. Ger vog's cross-examination was a ken and helped to badly tangle the wit ness up on facts of the trouble. The witness constantly said, "I don't know" in answer to Mr. Gering's questions and seemed to be badly at sea over the situation of the parties. Witness lives now at Wausa, Neb. The witness positively denied sever al of the answers read him as hav ing been asked him at the coroner's Inquest. By Mr. Clark. Witness had made no measurements on the ground and had not been back here. Witness demonstrated before the Jury how the men stood when grap pled. Court adjourned at 5:43 p. m. un til Monday. Monday Morning. The attendance in district court this morning when court reconvened for the coninuance of the trial of John Clarence for the murder of John P. Thacker, was lighter than at any time during the case. This was doubtless owing to the bad weather and the early hour, at which the trial was resumed. Court was prompt in convening and business was taken up at once. The defend ant, his mother and brother occu pied seats behind the counsel, Byron Clark. Mrs. Thacker, her little girls and son Lee.were also in court and occupied seat behind County At'or- ney Ramsey and Matthew Gering, counsel for the prosecution. Mrs. Maggie True called. Resided at Union; subpoenaed by state first. Had seen Clarence preparing to break and breaking horses. Saw Clarence take revolver and belt and strap It around his waist. Cross-examined by Mr. Gering: Had only seen Clarence with reolver that one time. Had seen him with the revolver when breaking west ern horses. Did not notice any brand. Saw him hitch up horse to wagon and get in wagon. Defend ant drove away; the horse was rear ing and kicking. He drove with the lines and a W. which gave the driver absolute control of the horse. Sheriff Qulnton called: Sheriff of Cass County; also jailor. Had the cap which the defendant wore when committed to jail. Cap identified. Had examined the head of defendant on January 16 found several small lumps on head. This was not at tho time Dr. Livingston examined the defendant. One was about the cen ter of the head and one was at the left side. Cross-examined by Mr. Gering: No blood on head. One bump just ordinary bump, the other red. Cap taken possession of at request of County Attorney Ramsey who had never seen It. By Mr. Clark: County attorney had never asked for it. Nelson Jones recalled by defend ant: Was pmvnt when defendant toon orr ins belt and revolver. Ob- srved his horse at tho time. It looked as If ho rode hard nnd sweaty. Did not know at the time what wns done with the horse. An hour later he saw the horse In th" barn blanketed with two blankets ham Redmon cille.l: Lived In I'liittsmouth. Lived nt James Darrough's on January 1." was shelling corn there. Arranged for help for Job. Was there when defendant shot Thacker. Was nt the sheller b foro tho shooting, but wns nwny nt tho time being at the house, calling more tenniH. Tho sheljer was running. He then start ed back to the sheller and when about half way he noticed the shel ler was stopped and he stopped. No quarreling when he left the sheller. Earl Albln had been throwing corn Into Carter's wagon. When witness stopped he was about 60 steps north and east of the sheller and wagon. He stepped the distance a day or so later. Witness saw Albln pull off hla coat. Could not hear words spoken. Then saw Thacker about 6 feet east of the horses' heads, go ing west. He passed the horses' heads a couple of feet. Remained a very Bhort time. Ihen saw him go ing east. Could not say how far he ent. No one befors him nor In that direction. The tank was Bouth and west. Clarence was there. Thacker did not go quite as far east as defendant, but turned south toward him. Heard no words: saw hacker hit defendant n couple of times with a board and defendant striking back with his cane. They clinched and one shot was fired then two more as they fell. Witness did not hear shooting until after the blows were struck. Clarence did not move toward Thacker. Could not tell whether Clarence hit ThnrUor 1th the cane or not. Witness then returned to the house. Witness saw defendant before at the house, then he started back. Witness did not hear defendant make and statement to him. Clarence ate dinner at Darrough's. Clarence did not have on the overcoat; saw Clarence have revolver on his left side that day. Cross-examined by Mr. Gering: Could not say what cane defendant had. Supposed the one he now had was the one. Cane about 3 feet long. Thought cane would come ud to defendant's belt. Ordinary friend of John's. No trouble when he started for the house. John was pulling out his wagon with a team of horses gentle, he believed. He was In charge of the place as Dar- ought was gone. He thought Earl Albln was throwing tho corn in the wagon to start a fuss. Heard Albin's testimony but could not remember his staying that he threw the corn to start a row. He, Crawford, Clark and Earl Albln were all in the crib shoveling corn. They threw it to the sheller which stood east and west. Sheller about 8 or 10 feet long. Sheller north of Carter Al bin's wagon. Witness testified to various heights and measures of dif ferent objects. There was a tree northeast and a pile of wood; also a pump was north of that and the Darrough house was north of that. Could not say whether the tank could be seen from the west side of the porch or not. Had lived with Darrough since October. Saw Mld klff and Mrs. Darrough at the house. Telephone on the south side of the room. Called ud Mr. Chalfant and Mr. Petersen. Witness supposed It to be about 300 feet from the house to the crib. Attorney Ger ing wanted to test by the watch the time he would take to walk from the house to the crib. Mr. Gering hold ing the watch. The test resulted In witness fixing the time at about 45 seconds. Witness had talked to Mrs. Midklff and Mrs. Darrough about one minute. Witness stopped at about 180 feet from the sheller when he, first saw Thacker. It was nearly five minutes from the time he left the crib until he got back to where he stopped. Thacker came from the east immediately after Car ter Albln took off his coat. Witness had made measurements of various distances on the premises by him self, one end of the tape being held by a rock. Witness had posed for photographs for Mr. Clark. Mr. Gering showed witness defendant's exhibit 6, a photograph, for the pur pose of showing witness could not see the wagon over the sheller. Thacker was out of his view part of lbthe time. He could see him east of the tenm at a distance of 180 feet. Saw Thacker strike Clarence at a distance of C or 8 feet from tho tank. Witness could not say whether de fendant used one or two hands In wielding the cane. The reins of the tenm were dropped. The floor of tho crib was bare some six feet nt the door. Mr Gering showed witness state's exhibit 4, nnd ques tioned him on tho 2x4 studding In the crib. Witness demonstrated with Mr. Gering hU Idea ns to haw rar tho men were apart, lie thought six or eight Inches. Did not hnr u h"t until tho in,. n had gotten to gether, the shots nil followed one nnother In regular succession Thmker did not hit Clarence after they clutched. No kIm.I were fired until nfter they clinched when Thinker wns not striking Clarence. He did not see the board break. Witness shown defendant's exhibit and questioned as to the distance of the team from the crib and also de monstrated how far from the tank the men fell, flxlna the distune about 8 feet. Knew Geo. Hill and Geo. Saxon; saw the latter with County Attorney Ramsey and had a conversation with the latter. Did not remember telling him that he was telephoning at the time and did not Bee it. Witness had not talked to Attorney Clark about the matter t the time he talked to Mr. Ramsey He had later, talked to him about a month later. At the start of the trouble he didn't want to get Into the trouble but lately he had been taking quite an active Interest in It, taking measurements and poslnc for photographs and returning from Mis souri to testify. Mr. Clark endeavored to get state ments from the witness as to the con versation with County Attorney Ramsey but was ruled out by the court. Mr. Gering examined. He went back to the house as soon as he saw the shooting. He talked to Mrs. Midklff and Mrs. Danough. The lat ter had written him several letters after he went to Missouri but they did not relate to this trial, but to personal matters. This witness made perhaps . the best defense has put on yet, as his answers wer clear and lucid. A recess of about ten minutes was taken at 10:30 to give the Jurors a breathing spell. Sam Rednion recalled by Mr. Ger ing, testified he did not know which man had the gun. He saw Clarence shoot Thacker. Mr. Clark also, had witness identify the wagon on the photographs as James Darrough's. Len Crawford called. Lived at Union, aged 2G. Knew Thacker and Clarence. At the Darrough farm on January 15 when the shooting oc curred. He scooped corn. Clark, Albin, Rednion and himself doing this. After Redmon left,. Albln went out to quarrel with his uncle In the wagon. Earl was between the crib and the wagon. Witness was sitting down when Thacker came. Ho heard him tell Carter to get out ? the wagov Clarence then tald Keep your mouth shut.' or "shut your mouth." Witness then stand ing up. Had shown witness Larsou where he stood.. Ills feet was rest ing on some corn. Had his eye against the crack, Could see Johnny and Thacker on the other side of the wagon. Saw Thacker come around the horses' heads then on the east side of the wagon. Wit ness shown defendant's exhibit No. 10. Was not present when pictures were taken, but had pointed out where he stood to Mr. Larson. Shown exhibit No. 11 and Identified the view as that he had seen Thacker . was going north and east, Clarence facing north. Thacker went to where Clarence was. Could not say whether Clarence was ad vancing toward Thacker. Witness saw Thacker strike Clarence twice with the board and Clarence struck him with his cane. They grappled and he did not see shooting, shoot ing was after Thacker had hit Clar ence. Could not locnte rinru Witness 5 feet 8 Inches high. Wit ness explained how he Identified the crack In the crib for Mr. Larson Did not know how much corn had been taken out. Mr. Gering cross-examined: Ex amined the witness on his testimony before the coroner's jury as to corn taken from the crib. Earl Albl was a little back of the hub of the front wheel of the wagon. Earl Albln started the fuss by throwing corn at Carter Albln. Earl hadn't said anything about starting a fuss, Witness corroborated Carter Albln as to facts of the quarrel with Earl Albln. The watch test as applied to Redmon was repeated with this wit ness.he fixing the time which elupsot when he began scooping corn to the tlm he heard Thacker at three fourths of a minute. Witness wai then examined nt some length or the location of the several wltnessei of tho affray, and also some mens urements. Witness got up In tin crib nfter the sheller stopped am took n position between two stud ding. Witness used stnte's exhibit 5 to show tho Jury where the 13th nnd 14 th crack v re between t ho boards 'of the corn crib. Wltm could not see tho ground on the ei 'SS ist side of the horses. Saw Think er when ho was about two feet fro mi Earl Albln. Looking through cracks he was about sonic 12 or ho 14 ret from Thinker when he lien rd him tell Carter to get out of tlx wagon. Witness did not henr John Thacker say "Get out of the wagon B- He did not call his nephew such a name. He only heard Clarence say "Shut your mouth." Witness denied testi fying that he saw Clarence have the mules lines la his haads.at the cor oner's inquest. The men were twen. five feet apart When Clarenon And Thacker were talking. Witness did not see Thacker pick up a stick. Wi Itness described the character of the e ground in the vicinity of the crib. Knew Clarenen haA r. ' a u ( had seen him with it on before but t on that day. The men went Into the low place when they clinched and he lost sight of them. Did not think any shots had been fired after they went out of his sight. He was in the crib and two shots ere fired in rapid succession and ien the third one. The space oc iipled by the events was a space of about 26x36 feet. When the fieht arted he looked at Thacker and larence and did not pay any atten tion to the Albins. When ho first saw Earl Albin afterwards, he was coming back with one of Clarence's ules. Could not locate Ira Clark. He was watching the. others. The board9 on the crib were about four dies wide. An objection by de fense to this method of arriving at leights was sustained by the court, ra Clark wns taller that the wit ness who stood on corn in tho crib and looked out of tho crack. Could not say definitely but it was a short me from the time Clarence told Thacker to shut his mouth until the shots were fired. Perhaps It was minute or maybe only half a min ute. They hnd not clinched when they went out cf his sight. Ho did see anything of the gun nt that time. Could not sny whether Clar ence had been on his knees could not see htm. Knew John McCarrell nd had talked with him at Nebras ka City in Nlchol's saloon. Dan Cox nnd a nigger present. McCar rell asked about the shooting nnd witness told him he did not see It. Could not remember telling Mc Carrell " don't know a D - thine about It. Was In the corn crlli and I'm D glad of it." Witness denied having said he lidn't know anything about the affaif. knew Orrln Ervln, Ernest fenitth, Verl Klniilson. Talked. with them. Boys" I did not see the shooting. I knew what he was, and didn't want any bullets through my hide. I got out of sight." Witness denied making this statement to those men Had no feeling regarding Thacker and had had trouble with him. Monday Afternoon. A recess was takn nt noon until 1:30 p. in., when the trial was re sumed. The attendance at the af ternoon session was considerably greater than In the morning and as before, many Indies were in attend ance. One feature was the appear ance of a large number of Binnll boys In the room. Len' Crawford again took the stand. Judge Travis ruled witness should answer the question as to whether he had a gun on him when he had the altercation with Mr. Thacker. Knew Charles Morton and had told him he did not know any thing amout the shooting. Denied telling him he "didn't know a d thing about It." Questioned as to whether he had given testimony be- for the coroner's Jury at varlanco with that now given, witness admit ted this to be the case. This con cluded Mr. Gering's cross-examina tion. Mr. Clark on re-dlrecl examlna lon had the witness explain the van ance In portions of his testimony. When Thacker struck Clarence the latter kind of screamed once. By Mr. Gering: After the affair witness went to the house and Inter helped to put Mr. Thacker In the carriage. Ira Clark called: Aged 18 years old; lived at Union. 5 feet 9 Inches high. Was present when Olson and Larson took pictures at tho Dar rough farm and examined defend ant's exhibits Nob, 9 and 12. Identified positions shown In Ho the photographs and certain viewpoints within tho crib. Witness was pres ent on tho day of tho Rhootlng and knew tho location of various objects nt that time. Exhibit 12 represent ed objects correctly. Defendant of fered in evidence exhibits Nos. !) nnd 12. No objection nnd snine nd mltted. Had his head against the boards when looking through (lie crack on that day, lookins south nnd enst. Witness went Into tho crib with Crawford. Earl Albln nnd Red niou to scoop corn n little nfter twelve o'clock. Wns there when Redmon left and the sheller stopped a few moments latter. Saw Earl ithrow corn nt Carter who was on (Continued on 2.) and kill the S-