Jury Finds John Clarence Cuilly
(Continued from page 1.)
the engine when the first was
thrown. Later he was In the wagon
End Earl went out. Witness was
within a foot and a half of the
scoop hole and (lose to the east
side. The Albin's were railing one
another d fools and Earl was dar
ing Carter to get out of the wagon.
The latter took off his coat. Thack
er then came around the horses
and told Carter Albin to get out of
the wagon and further the witness
could not remember. He could not
remember what Clarence said. He
was watering his mules. Thacker
then picked up a stick and started
toward Clarence who was 3 or 4
feet from the tank. Thacker then
commenced beating Clarence over
the head with the board and Clar
ence fought hark with the cane,
Witness then went out of the crib
and ran around it he head of the
horses, and saw the men grappled.
Witness demonstrated before the
Jury, how they were clinched. Mr.
Clark laid particular emphasis on
the position of Thacker's thigh.
Clnrenco then reached to his left
Ride and drew his gun, discharged It.
The men moved along and fell In
the draw to the southwest. Witness
saw Clarence pull the gun and shoot.
When they fell Thacker was on Clar
ence, side and shoulder, his head on
Clarence's shoulder. Clarence held
his cane over his shoulder with both
hands. When witness started for
the scene of the trouble, witness
heard Clarence scream, he though
twice, when he was hit with the
hoard. Saw the cane lying south
west after Clarence got up. When
the last shot was fired Clarence'B
right side was on the ground and
Thacker was on Clarence's left side.
Lee Thacker came up and stood on
Clarence's arm and tried to got the
gun away. Clarence refused to
give up the gun saying "You fel
lows would stand around and let
him kill me." He offered to let
Crawford have the gun but Lee ob
jected, and then he offered to give
witness the gun but he refused It.
Thacker was then helped up and
Clarence got up and went after his
pony. He wished Lop Thacker good
luck and said he was going to Platts
mouth to give himself up. No shots
were fired until after the blows
were ftnu'k.
Cress-examined by Mr. Cerlng:
Witness was watching the Alblns
and did n'.t think of trouble with
Thacker and Albin. Karl Alliln nsk
fj witness to thrown corn at Carter.
The first corn was thrown at Carter
when ht was on the engine. Could
not tell how far Carter was from
Earl when the corn was thrown.
CcuH not remember about corn
hitting Carter. Did not remember'
who Mrst used the expression "fool"
between the two Alliln.s. Karl shook
nis mi nana nt Carter. Did not
know whether Earl was right handed
or not. Earl's right hand was in
his pocket. Could not remember
wnnt was done next. Witness was
looking through the l'.th crnck,
Face quite close part of the time
Could not tell whether the camera
was placed In the exact spot he had
occupied when gazing through the
track. Could not any whether stud-
dings were the same distance apart
Witness said he couldn't look south
If his head was against the studding
Could not swear whether he could
see a point three feet east and six
feet south of the horses heads. Wit
iiess looking through the crack could
not see Clarence's hand on nls enne
and did no so testify at Union. He
could not bco defendant's revolver
around his waist. Witness Indicat
ed on State's Exhibit No. 2. where
the men fell. Did not see Thacker
pick up the stick nor Clarence move
toward Thacker. First saw Thncker
between the horses and tho , crib,
At that time no one had said any
tiling except the Alblns. Witness
stated he did not have his eye at
the crack when he trouble started
inarm r struck Clarence with the
board and this board was handed
over to Mr. Ramsey. Shown piece
of board, he Identified It as the
Until which ho had given Mr. Ham
y and claimed It was the board
Thacker had used. Witness admit
ted this. Clarence.- had hold of the
smaller end of the cane when he
rain.J It to strike Thacker. Did not
the ihnp before. Witness re
rerint'd M sitlons during the melee.
Wltn't (I'luotiMra'cd how the men
v.re climbed, using Mr. Ramsey as
a mobl ,f Clarence and be repre
nMnc the lute Mr. Thacker. A
d monMratlcn by th us of the re
volver that tin shot which p-tn-i rated
tli l.g could net have In n 11 red by
defendant while In he posltl-n wit-m--K
( cctipe, wn mad" before Jury.
A il niui.-tr.itleii vim :il. mad"
nhowlng the (m. jin. ii tir ' he two
tn"., mi Hiey lay on tin ground with
Th:uker's hand gripping (inn im-i-'h
right hand v.lileh he the gun. Tie
third Mint which- pi-mtrat-d the
breast was 11 red us the men Ml f
Hi" ground. The stl'k glvi-n r.
rtrnnsey vnn found nt tli" sn-ii" of
th" KtrupKl". An old board wan
also found wlililu 3 or 4 feet of the
place . Witness did not appreciate
gravity of ihaikers wounas. me
hot which penetrated the breast
was !.red rs the men had almost j
hit the ground. Witness thought
the gun some six or eight Inches
from the breast but not one foot.
Witness could see all the shots. Two
shots were fired very close together
and the third shot when the men
were almost in the act of falling.
By Mr. Clark on re-direct: Wit
ness did not pretend to give Mr.
Thacker's position on Mr. Clarence's
body. Witness stood on the corn In
the crib. Distance to the ground
was 6 to 9 inches.
By Mr. Gerlng: Questioned wit
ness as to his testimony before the
coroners Jury at the inquest at Un
ion. This showed a variance be
tween witness testimony then and
his testimony: now.
Mr. Clark examined: Witness
had seen Clarence breaking horses
at his home. He buckled on a re
volver and holster while the boys
harnessed the horse.
By Mr. Gerlng: Witness was in
wagon with Clarence. Witness held
the double rope and the western
horse while Clarence drove. Wit
ness and Crawford had read over
their testimony on Tuesday and Fri
day In Mr. Clark's office.
By Mr. Clark: Witness had heard
other, pe-ople say his testimony was
different at this trial than at the
Inquest.
Clark made another excellent wit
ness for the defense and materially
strengthened their case. His an
swers Were uniformly dear and
given without apparent study or any
equivocation. On the whole, the
main strength of the defense seems
to be in the testimony of Redmon,
Crawford and Clark.
A short recess was taken at 3:30
to enable attorneys, the Jury and
the court to get a spell of rest.
Len Crawford called by Mr. Ger
lng for further cross-examination.
Knew Floyd Saxon. Talked with
him in April, he thought. "I didn't
see anything of it. Johnny butted
In where he had no business and got
himself in trouble." Witness denied
saying thfs to Saxon.
John Clarence took the stand.
Age 29 years. Lived at Union.
Single man. Lived here in I'lntts
niouth, at Union lived with his fath
er. Lived on Jan. 15th near Union
on his own place. Had lived in
neighborhood and known John
Thacker all his life. Homes 1-2 mile
apart. Relations had been pleasant.
Used a cane 7 or 8 years. Witness
shown defendants exhibit No. 14, n
photograph of himself taken two
weeks ago or so. Also exhibit No
lb, also of himself. One standing
and the other sitting with legs bare.
Photographs were shown to the Jury
who scrutinized them closely. Had
a enne with him on Jan. 13, 1900,
producing It. Length about 3 feet
and one Inch In diameter at the end
and one and one-quarter inches at
the largest place, a hickory cane.
Cannot walk without a cane nnd has
scarcely any use for the left leg using-a
brace attached to heel of slice
and strengthening ankle. The brace
had strap iron over the thigh and
also one running half way up the
leg. Went to Dnrough's farm In
the forenoon of the 15th. Knew
Walter Thacker nnd saw him about
9 a. in. that day. With Ed. Mldklff
ho was going to borrow a wagon to
haul corn with. Thncker told him
that John had asked him to get wit
ness over to his place to beat him.
Witness did not believe John Thack
er Intended to do so. First saw
John Thacker when he came back
from watering his horses. Next saw
Thncker at Darrough's. Witness at
the water tank, Thacker hollowed
and attracted his attention. Wit
ness standing at tank, witness had
gotten a load before this which he
had pulled from tho east side of
crib. Had two mares and two mules
to It. Did not notice anything go
ing on at the crib. Did not notice
what tho hollow was. Looked around
and saw Thacker. He was 6 or 8
feet from witness north, and walk
ing west. Nothing passed between
them. Thacker went to the west
side of the wagon and hollowed to
Carter Albin to get out and slap
harl. Itne-sa told him to come back
and keep his mouth out of It, It was
none of his fuss. Thncker picked
up n board a little southeast of the
team and came toward witness. Wit
ness had stepped a little north when
Thncker first hollowed but no more.
Thncker struck the first blow when
within reach. Witness had on n
sheeps skin lined second coat and
also n gun (examined gun and Identi
fied It.) Tut gun on that morning.
Witness was here shown defendant's
exhibit 13 which he Identified as the
lie lie wore on Jan. 15 when Mr.
Thinker was striking him. Cap was
delivered to Sheriff Qulnton ami had
not been in Witness possession since.
Couldn't say how many times Thnck
er si rui k It I m. Witness . xhlblted to
Jury how he raised his e-ane, the
(inn he was holding el tin, away.
Witness struck Thacker on the nlM.
Could net sey what Thinker did
with the can". Witness then reach
ed for his gun. Thacker was I -hind
and nt one side of witness with
his arms around him someway.
Thr.ek r was behind and to the left
slle of him. When he lost the
caae, he made up his mind to shoot
and ave his life. Witness did notl
b'lieve Walt Thacker statement.
until John commenced beating him.
He fired no shots until John com
menced to beat him nor did he shoot
Mm as he stooped to pick up the
stick. He did not tell him to come
back or he'd shoot him. The men
clinched and fell very quickly. He
pulled the gun with his right hand
and fired as-quick as he could. He
took no aim (witness demonstrated
the position of the gun in his belt
and how he handled it.) He was
shooting as they fell. When "they
struck the ground Thacker was lay
ing on witness; sideband breast. , On
the left side. Witness left arm "was
over his. breast with Thacker's neck
over his elbow and his head below
witness chin. After they got up wit
ness was handed his cane and went
to the barn and saddled his pony,
starting to town. Spoke to Lee
Thacker, wished him good luck.
Then came to town and gave him
self up to Policeman Cory. Witness
did not know when he left Dar
rough's. lie came in over the tele
graph road. Witness had on no
overcoat. Shown a coat marked "ex
hibit No. 17, Identified as the coat
he had on that day. Wool on coat
had black on it after he shot Mr.
Thacker, which was powder burns.
Coat offered in evidence and exhibit
ed to the Jury. When they clinch
ed he came from the north and wit
ness turned as he struck at him.
They fell to the southwest. His
coat was down over the gun when
they clinched. Witness had no ther
Intention than to protect his life and
body when they fell. Witness' height
5 feet 6 Inches, weight 160 pounds.
Had had no business or other re
lations with J. C. Petersen prior to
Jan. 15.
Mr. Gerlng cross-examined: Wit
ness required to put on his coat Just
as he wore It that day and also the
revolver and belt. Witness demon
strated how he handled the gun. At
the first shot Clarence's hand was
below the navel. Powder mark
could have been made on coat when
the cartridge exploded but no bul
let hole made. Witness demonstrat
ed where he would have to hold the
revolver to shcot Thacker in the
"Mali. Revolver was a little highe
when the second shot was fired.
Third shot, fired as they struck the
ground. Thacker's head was som?
lower than before. Witness pointed
out the powder marks. Witness pur
pose In shouting was to make Thack
er stop beating him. He was not
beating or Injuring him when he
fired the first shot. He had hurt
his knee when the second shot was
fired. The third shot was fired when
they struck the ground and Thacker
had made no attempt to strike wit
ness hetwen tho first and last shots
All he tried to do was to get wit
ness down. It looked to hir.i like his
life was In danger when Thacker
had him by the wrist and was asking
the boys to take the gun away from
him. Lee Thncker never offered to
strike him with the monkey wrench
nor hud he Pepped on his bund with
undue force or violence. Witness
had heard Crawford had pulled a
gun out on Thncker. The witness
exhibited to the Jury the spots on
his head where Thacker had bruised
him. Walt Thacker wanted him to
sign a petition for a road through
John Thacker's land. At that time
he had been made acquainted
with John's thre-ats. He did not
believe Walt Thacker. Notwithstand
ing these threats made in August,
1907, their relation had been t.lendly
and Thncker had never offered him
violence or anything of that kind
Walt had feeling against John. The
teams hauling the corn were gentle,
witness demonstrated how he was
holding the lines and the rope of the
team which he was holding at the
time of tho trouble'. Mr. Gerlng
closely questioned the witness con
cernlng his movements about the
Darrough premises on the day of
the trouble, and his actions with the
team etc.
Mr. Clark on re-dlrect: Thacker
tried to bite witness as they lay on
the ground, biting nt his chin.
Mr. Gerlng: Witness had already
fired the third shot when the at
tempt at biting took place. Heard
Mr. Thacker order the doctor.
.Mr. luring w antra to exam. tie
several witnesses to relievo them
from having to stay. Judge ruled
that If the wltne-sse-s could be fur
nihil! d within an hour they might
proceed. It was decided that the
state would call their wlinessea oirt
of thelc turn.
The state called D. W. Foster
g" i.i year. Lived In Libert
pivclmt 35 years, Knew Mr
Thinker's reputation t-i be n pence'
nbl" nan.
By Mr. Clark: l.hcd :. miles
from Mr. Thacker. Trad, d i't Union.
W. D. Wheeler called: Aue .-,
years. Lived miles south of
liattsiimutli Ha l lived there about
on" year. Sheriff and roin.tv
treasurer. Had known .! hn 1
1 Hacker for years. Witness not
well in n-ialiited with his rcpu'n
Hon.
Geo. LaRue called: 65 years of
age. Lived at Union 40 years. In
Cas county 41 years. Had known
John Thacker 35 years. Mr.
Thacker's reputation peaceable.
Ey Mr. Clark: Had never seen
Mr Thacker having quarrels with a
Mrs. Quail Johnson. Had heard of
some little quarrels in which Mr.
Thacker was the aggressor.
Wm. Chalfant called: 43 years
old. Lived in Liberty precinct 11
years. Knew Mr. Thacker 11 years.
He was a peaceable man.
Mr Clark cross-examined: Until
this trouble he had not heard Mr.
Thacker's reputation as to being
peaceable questioned. Had not
heard of quarrels with his neigh
bors. Had never heard of Frank
Albin moving away on account of
trouble with Mr. Thacker.
Crede Harris called: 43 " years
old. Lived In Liberty precinct 30
years. Lived within 2 miles of
John P. Thacker. His reputation
was peaceable.
Byron Clark cross-examined:
His knowledge was from his person
al relations.
Winfleld Swan called: Name T.
W. Swan, aged 4 6. Lived in Liber
ty precinct all his life. Had known
Mr. Thacker since boyhood. Knew
his reputation as peaceable.
By Mr. Clark Lived Z'a miles
from Mr. Thacker. Had borrowed
and loaned things. Thacker passed
his place on his way to town. Had
never heard his reputation dis
cussed until this trouble came up.
Jesse Pell called: Jesse L.Pell,37
years old. Brother Mrs. Ed. Mld
klff. Lived in Liberty precinct all
his life and was a boy with Mr.
Thacker. Lived within 2 miles of
him. His reputation was peaceable.
Mr. Clark cross-examined. Had
not heard of him ever having much
trouble He did not remember of
much trouble. A few rows. Wit
ness lived west and south of Mr.
Thacker.
Dan Cox called: Mr. Ramsey ex
amined: Lived at Nebraska City.
Knew Len Crawford. Was In Ne
braska City about February 16. Re
membered a conversation with
Crawford on thnt elite. John Mc-Carrc-1
present. Crawford said: "I
didn't see any of" th.? shooting. I
was In the crib a'-d D glad of
t
John McCarrel called: Corre.Lo-
iV.nl the witness Dan Co. Lived
In l.ibi rty preer.i.-, 22 years. He
;iid ' didn't see- a 1) thing of
It. I was In the corn crib and D
glad "of It."
Mi'. Clark ciost-txair.iiied: Was
not e-ertaln whether Crawford said
he didn't see it cr the shooting.
Floyd Saxon called. Examined by
Mr. Ramsey: Lived at Union all
his life. Knew Sam Crawford. Had
a conversation with him in which he
snid "I didn't see anything of it."
Thought referred to the affair.
Crawford said h was In the eiib
ani didn'i see anything of it.
E. E. Smith called: Mr. Ramsey
examined. Lived in Liberty pro
duct nil his life. Knew Orln Ervln
and l rawrord. Uomembered a con
versation with Cdawford on Jan
uary it Crawford said "I don't
know anything about It, 1 knew
what h? was and 1 got down out of
sight."
Orrln Erwln called, Mr. Ramsey
examined: Lived near Union in
Liberty pre'einct. Corroborated E.
E. Smith on conversation testified to
above.
Geo Saxon called, Mr. Ramsey ex
amined: Knew Sam Redmon. Was
with County Attorney Ramsey at the
Darrough farm at his request. Re
called conversation with Redmon at
that time and place when he said
he was at the telephone In the house
at the time and did not know any
thing about It.
Mr. Clark cross-examined: Con
versation held Just south of the
house. Did not see Mr. Redmon
point out where he stood nt the
time1. Had conversation In the
house and at tho barn but could not
re-call them. Redmon had pointed
out where the men fell.
Gt-orge Hill cnlled. Mr. Ramsey
examined: Recalled a conversa
tlon with Sam Redmon a short time
after the shooting. Redmon said
he didn't know anything about It,
he was In the house getting a team.
By Mr. Clark: Witness hnd
asked Redmon about the shooting
and he said he didn't know any
thing about it.
Ir. (ierrans cnlle-d. Examined
by Mr. Clark: Lived nt Union.
Had se-e n defendant getting ready to
break and breaking horses about one
ear ng';. !! had rnedver on
him.
i ouri iiiijiMinnM until :i tn.
Tuesday.
Tiii-.elii.v Morning-.
At nlii" o'i In k this morning when
m-,:rt was to recoim-ne for what
pioinli.'d to be th- final stretch of
the tinted (iiilenee i use, there was
Kcarci'ty a corporal's guard ft vis
Itois and t-peitators in tli rnoin. As
I In s'-ssl- n wore- on the numbers In-ct-'iiied
until n fairly good sljed
irowd wis in t!i room. The do,
f iidie' Imoye.i up ),y tli" favorabl"
day f yeterd.iv, seemed quite
ile-erfiil, Alongside him and bach
of his counsel his aged father and !
niothtr as well as his brother held
seats, just as they had done through
out the trial. Several ladies were
also seated beside the aged Mrs.
Clarence.
The widow of the late Mr. Thack
er with her stalwart son Lee. and
her two charming little daughters.
occupied seats inside the bar Just
back of County Attorney Ramsey
John P. Thacker, tho Murdered Man I
and Mr. Gerlng, the special coun
sel. The day was dark and disa
greeable and the gas lights over
the clerk's and reporter's dsks were
early lighted to dispell the ' gloom
and darkness.
Court was late In assembling.
Judge Travis and counsel being en
gaged in preparing their instruc
tions for the Jury and it was 9:20
before court opened.
Jas. Robertson called by the de
fense: Mr. Clark examined. Clerk
of the court. Had measured de
fendant, height 5 feet, 10 U Inches,
Knew John P. Thacker. Witness a
member of the county Insane com
mission. An attempt by Mr. Clark
to show that witness had observed
Mr. Thacker exhibit a hasty and
high temper while witness was sit
ting as a member of the commission,
was ruled out.
Peter Clarence called: Mr.
Clark examined: shown photographs
marked defendant exhibits Nos. 5,
7. 9, 10, 11 and 12 showing a
wagon owned by defendant. Wit
ness with Sam Smith had meas
ured this wagon. It was 5 feet 2V2
Inches In height.
Sam Smith recalled: He corro
borated the measurements of Mr.
Clarence. Witness had taken
charge of defendant's horse which
locked as if it had been rode very
hard, as it was warm and sweaty.
Jos. Darrough called: Examined
by Mr. Clark. Owned farm where
trouble took place since 1893.
Lived within a mile and a half of
Mr. Thacker. Knew reputation of
John P Thacker and hardly knew
what to say as to his being peaceable
or quamisome. Couldn't say what
It was, .
Sheriff Quinton called, examined
by Mr. Clark: Sheriff of Cass coun
ty. At the inquest on death of
John P. Thacker; heard witnesses,
Ira Clark, Len Crawford and Earl
Albin called and sworn at request
of county attorney.
By Mr. Gerlng: Witness summon
ed the coroner's Jury at coroner's
request.
Defense rested at 9:40 a. m.
The state offered the iranscript of
the testimony of Ira Clark before
the( coroner's Jury to show a vari
ance in his testimony then, and what
It was at this trial in which he had
changed his evidence as to how the
shots were fired and as to what he
saw Clarence. This was for Im
peachment purposes.
A similar offer was made In re
gard to the testimony of Len Craw
ford. This, also was for Impeach
ment purposes.. Mr. Clark offered
several que-stlons and answers ofthls
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KtUT. 0. f.
witness to explain some of the dis
crepancies in his testimony.'
Lee Thacker called: Examined
by "Mr. Gerlng. Knew Len Crawford.
Mr. Gerlng sought to show by this
witness that his father never used
vile language and epithets but the
court ruled this out.
W. C. Ramsey called: Is county
attorney and as such had looked up
the evidence in this case. Was with
George Saxon at the Darrough farm.
At that time Sam Redmon said he
did not know anything about it that
he was in the house telephoning.
The witness also met Redmon In
front of Donat's saloon in Platts
mouth and after shaking hands with
him, asked what Redmon was do
ing back here and he said he was
to testify for Clarence. Witness
said "I thought you knew nothing
about it, and Redmon answered
"That time I was not under oath."
John Vanhorn called. Examined
by Mr. Gerlng: Lived near Union
for 26 years. Knew Sam Redmon
about three months. Redmon
talked to witness about six hours
after the trouble. Redmon said he
was in the house and didn't see it.
By Mr. Clark: He didn't say he
didn't see the shooting.
Fred H. Black called. Exam
ined by Mr Gerlng: Lived in
Plattsmouth 40 years. Had been
sent by Messrs. Ramsey and Ger
lng to the Darrough farm on Sat
urday afternoon with Messrs. Ram
sey, Gerlng and McCulIough. Saw
the crib In question. Looked through
13th and 14th cracks. Studding
about a foot and a half or two foot
apart. Size 2x4 inches. The closer
one got to the studding the more the
view would be obstructed. Looked
through cracks on both sides of the
opening about about 4 or five feet
each side. Mr. Ramsey near the
water tank also Asa McCulIough.
Through the crack he could see Mr.
Ramsey north of the tank, but only
about to his elbow when he was
west of the tank. Could not see the
belt. Witness also testified as to
other experiments with bodies pn
the ground in the position Clarence
and Thacker occupied. Other ex
periments were also made to- show
that witnesses for the defense could
not have seen the things they claim
ed to have seen through the cracks
In the corn crib.
Mr. Clark cross-examined: 15th
crack not measured. The 14th and
15th boards were off but were put
on while there. There was no corn
In the crib. Witness did not experi
ment away and back from the
crack.
Mr. Clark moved to strike out all
ditions were not the same as at the
the testimony of the witness as
conditions were not the same as at
the time of the affray and not con
tradictory to any witness. Over
ruled.
Asa McCulIough swern. Mr. Ger
lng examined: This witness was 6
foot 1 Inch high. He testified to
various experiments made at the
Darrough farm on Sunday, June 6.
The object being to show witnesses,
for defendant could not have seen
what they claimed at the time of
the trouble. Ills testimony was to
rebut that of Sam Redmon partic
ularly. Mr. Clark made no cross-examination
of this witness
Lee ThacKer called: Mr. Gerlng
examined. He sought to show the
height of the corn sheller. A fight
on this was made by Mr. Clark and
a warm argument followed. The
state sought to discredit and rebut
Redmon'8 testimony by this testi
mony. Judge Travis ruled out any
testimony regarding the height of
the sheller.
The case dosed at 10:45 a. m.
County Attorney Ramsey opened
the arguments at the close of the
taking of testimony and after a
short recess. He spoke during the
remainder of the morning session,
taking one hour and a quarter for
(Continued oon Page 3.)
SUMMER
W, L. PICKETT, Ticket Agent.
, Ocira. (tel.
