Jury Finds John Clarence Guilty
(Continued from Page 2.)
Ms argument. U presented thoi
state's Bide of the case in a clear,
i anj so successful in this section.
! Fcr the defense Mr. Clark put up a
splendid fight and gave the defend
ant the benefit of his many years at
j the tar, having his case well in
lucid and able manner. He marshal- j hand throughout and protecting his
f d the evidence in excellent shape to j client's Interests) in all ways.
The Jury was out from 6.30 last
evening until 8 o'clock this morning
when they came into court, having
(agreed upon a verdict. There was
show the Jury that without any pos
sibility of doubt, the shot which
killed John P. Thacker was fired
by the defendant while the deceased
was In the act cf stopping to pick
up a club and after he had been
wounded by the shot through the
thigh. Mr. Ramsey also presented
the state's arguments against the
possibility of the testimony of wit
nesses Crawford, Clark and Red
mon being true. The entire
argument was one well worthy
the young man and indicates
the immense development which ho
has made since his accession to the
office of county attorney. It is lo be
regretted space forbids an extendei
review of the arguments which he
advanced. Much favorable com
ment has been heard on the manner
in which he had this case preparel
and the orderly manner in which
the testimony was marshaled. Hi3
handling of the case throughout was
excellent and well worthy of pra;so,
County Attorney 'Ramsey resumed
lis argument in the afternoon and
completed the marshaling of facts
in the case, making them as plain
and logical as it was possible to do
and closing with a convincing and
powerful argument for conviction as
a measure of Justice.
Attorney Byron Clark for the de
fense made an able, eloquent and
foralble plea for the acquittal of the
defendant, basing his argument upon
the fact that the defendant acted
in self defense when he shot the
late John P. Thacker, and review
ing the. evidence and testimony be
fore the court to sustain his con
tention.- Mr. Clark made an argu
ment which was Ingenious in the
extreme and which sought to show
by every possible method that there
could have been no occasion save
that of defending himself which
would have prompted the defendant
to take the life of the deceased
with whom his relations had been
most pleasant. By the aid cf sev
eral photographs which had been
placed in evidence he sought to for
tify the testimony of the witness
within the corn crib who testified to
have seen the affray. Mr. Clark's
argument was a fine one and gave
the defendant every possible ad- i
vantage which this astute and able
attorney was capable cf.
Hon. Matthew Gerins closed for
the state and he made a powerful
and eloquent argument asking for
conviction on the ground that the
state had well made its case as that
of murder In the first decree and
that a conviction was absolutely
warranted by the testimony and the
evidence. He attacked the testimony
fer the defense and riddled the
claims that Redmon, Clark and
Crawford could have seen the fatal
affair maintaining that only Lee
Thacker was an eye witness to the
affair and that his story and his
alone was creditable. Mr. Gering
paid particular attention to the
testimony of Walter Thacker and
his castlgatlon of that witness was
something awful, he denounced his
conduct Is taking the stand against
his dead brother In unmeasured
terms and arraigning him In the
most scathing words. It is to be
regretted that space forbids an ex
tended synopsis cf Mr. Gerlng's argu
ment which was one of the most
eloquent and convincing this able
attorney has ever delivered In this
city.
Following Mr. Gerlng's argument
Judge Travis Instructed the Jury and
defined the several degrees of mur
der and the testimony and evidence
necessary to prove each of them.
Judge Travis' instructions were em
inently fair and Impartial giving the
defendant every benefit the law
threw about him and defining exact
ly the task before the state to make
its case. His Instructions went to
the Jury at about 6:30 p. m. and
they retired for supper and their de
liberations. .
The case has been tried through
out with the greatest consideration
by both sides and the absence of
wrangling and disorder has been
marked. The rulings of Judge
Travis throughout the case have been
fair and Impartial and were sub
mitted to by counsel on both slds
without demur. On the whole, the
trial was one of the most orderly
ever conducted In the county and
cne of the best tried from a legal
standpoint.
The case of the state was ex
cellently prepared, County Attorney
Ramsey having marshaled a tre
mendous amount of evidence and
having It carefully In hand. Ills
work In the case has been prodigious
and displays the fact that the peo
ple made no mistake when they
placed this well balanced young man
In the attorney's office. His able
colleague Matthew Gering who
brought his years of experience to
his aid, handled much of the trial
with the astuteness and vigor which
Vis made him so widely known
Iuiwl!i'.
From the Courier.
Torn to Mr. and Mrs. Henry Ra
goss, a boy. May 1".
Edward Fribble moved his fam
ily here from Omaha this week.
Born to Mr. and Mrs. James Wit
ter, Weduesday, June 2, a girl.
Wes Taylor's baby has improved
i:i health and Is now on a fair road
to recovery.
Jim Ferrier has moved to Ashland
ant bring in. bod at the hotel and where he has engaged in the livery
having to be aroused to hear the
verdict. " Judge . Travis came down
some delay occasioned by the defend-
from his heme and opened court at
30 a. m. . ,
The defendant was then present,
being accompanied by his counsel
Byron Clark while County Attorney
Ramsey represented the state. The
Jury was called by Miss Jessie Rob
ertson, deputy clerk of the court and
Judge Travis inquired as to whether
they had agreed upon a verdict to
which Foreman George Horn re
sponded they had and passed the
same to Miss Robertson who in turn,
passed.it to Judge Travis who open
ed and read it, returning it to Miss
Robertson who then read it aloud.
The verdict of the Jury was that the
defendant was guilty of murder in
the second degree and recommended
clemency on the part of the court.
The verdict came as a decided
shock to the defendant and his coun
sel who had not been expecting any
thing worse than manslaughter in
any event and whose disappointment
and surprise was manifest. As soon
as Mr. Clark had recovered his
composure he asked that the Jury
be polled which was done each mem
ber answering that it was. Judge
Travis then excused the Jury until
9.30 a. m.
The verdict caused some surprise
as the public had been expecting a
verdict of manslaughter owing to the
strong fight put up by the defense
but almost without exception, opinion
sustained the action of the Jury
which had weighed the evidence.
The victory was regarded by the
friends of the prosecution as a great
Done and a thorough vindication cf
the prosecution and one for unhold
ing cf the law. That the ca"C will
be appealed goes without raying.
No time has yet been fixed for
sentencing Clarence and It will pro
bably be some days before Judge
Travis determines what term ho will
give him.
business
G. H. Woods and family left Tues
day for Canada, and will be gone for
some time.
Carl McDowell of Goldsroad, Ari
zona, Is here this week to visit a
short time with his mother, Mrs. B.
G. Hoover.
B. D. Baker Is erecting an au
tomobile garage on north Main
street near the Burlington depot,
it will be one story high with con
crete basement and frame structure.
Miss Mary McGrew left Friday for
Cedar Rapids, Iowa, where she will
visit a week with her sister, Mrs.
Frank Clement, and from there will
go to Red Wing, Minn., for an ex
tended visit with her brother Lee.
Jim Terryberry was delivering his
corn to market this week. Mr.
Terryberry received the highest price
for his product, 70 cents per bushel
He sold a little over two thousand
bushels and received $1,500. At the
time he sold others of his neighbors
were holding for better prices and
In the end took les.
Kim wood.
From the Leader-Echo.
Harry Beck and wife, of Murray,
were guests of Elmwood relatives
Memorial day.
Mr. and Mrs. F. W. Robb, of
Verdcn, visited over Sunday with
the latter's parents, Mr and Mrs. L.
A. Tyson.
Mrs. R. G. Irons went to Lincoln
Saturday to consult with an eye
specialist in regard to her left eye
with which she is having so much
trouble.
County Clery Rosencrans and fam
ily and Deputy Clerk Morgan and
wife cf Plattsmouth, were In Elm
wocd over Sunday, the guests of re
latives and friends.
L. A. Chapman is expecting his
daughUr, Myrtle, home this weey
from Oskaloosa, la., where she has
been teaching stenography In the
Chiistlr.n college during the past
in'ircr liiKe vunniiiK. rear.
Jcs. Tubbs, the well known farmer i E. G. Woodruff, of the U. S. 1
and hog raiser from near Mynard gccl-gical survey, stopped In Elm-
HALF - A - MILLION - DOLLARS
SCOTTS - BLUFF - IRRIGATED - LANDS
Sold by the PAYNE INVESTMENT COMPANY AND THEIR ASSO
CIATED AGENTS in the last thirty days, from May 4 to June 4. A total of
6400 acres In quarters, eighty and forty acre pieces. No one bought more than
a quarter.
!t is the Diggost Salo ovor mado in Nebraska!
There must be a reason for this. What is it?
There are no better lands in the world. There is an unlimited supply of water. There is a fine cli
mate. People are getting rich from the crops they raise.
It is easy to make these statements. It is just as easy to prove them. Seeing ia believing. Join the
next excursion to the Scotts Bluff lands which leaves Omaha at 4:10
Tuesday Afternoon, Juno 15th
Take the Hp with us or our associate agent. It will be by all odds the bieeest excursion vet run. All
have been highly successful. Men have only to see the land. Its possibilities are boundless. Nine buy out
of every ten who go. Farmers, merchants, doctors, bankers, printera-all grow enthusiastic over the beau
tiful country, its fertile' soil,' its abundant water supply. '
The faith of those who live there and of those buying is unlimited. We guarantee you will not be
disappointed.
Sugar Factory Assured !
A deal was completed last week which assures at Scotts Bluff one of the biggest sugar factories in the
world. It will require contracts for 15,000 acres of beets. There are being signed now and the factory
promises to take care of 1910 crop. This means a raise in the priae of the beet crop from $4.50 to $3.00 per
ton. You can raise under irrigation from 12 to 25 tons to the acee. If you prefer potatoes you can grow
from 250 to 400 bushels to the acre. One man netted $100 rer acre on e'trhtv acres lt vour rv,m with
M ' . - o---rf j yvntv it v ,
IT us and you can talk to him about it.
0
0
WINDHAM INVESTMENT COMPANY,
ASSOCIATE AGENTS OF PAYNE INVESTMENT CO.,
PS
U Plattsmouth, - - - - - - . - - - Nebraska. (
30
was in the city today looking after
business matters. Mr. Tubbs reports
what was a very careless piece of
work cn the part of a motor cycle
rider near his place several days ago,
a piece of work which might have
resulted in the death of several
young children of Glen Terry or the
fatal injury of Mrs, Perry or Mrs.
Tubbs. Mrs.' Tubbs was coming to
the city driving a team of gentle
farm horses with Mrs. Perry and
two small children In a buggy be
hind them, driving a more spirited
team. A man cn a motor cycle
came past at a rapid rate of speed
and while he did not scare the team
of Mrs. Tubbs, his sudden appear
ence caused the team of Mrs. Perry's
to bolt and run Into the buggy of
Mrs. Tubbs, tearing off a wheel of
the buggy. Fortunately the horses
were stopped before any Injury took
place but It was a narrow escape
for all concerned. There should be
some measure taken to stop the reck
less riding of these cycles and the
reckless driving cf automobiles on
the country road. There has been a
great deal of complaint made lately
because cf the careless handling cf
these machines and the total disre
gard of spied limits and (he arrest
and fining of seme of the riders and
drivers will have a salutary effect
aud make travd on the roads much
safer. At this season of the venr and
fcr several months following the
farmers will be confined to their
fields and their farms and the mark
eting and business In the city will
have to be looked after by their
wives and children and particular at
tention should be paid to the speed
of -machines In fore someone Is In
jure or killed by them. A little
discretion practiced by the drivers
and riders of these machines now
may save a whole lot of trouble
later.
wood last week for a visit with re
lative's, being on his way from Wash
ington, D. C, to Wyoming where he
is stationed fcr the summer.
John Ilalrd returned last week'
from Omaha and Is busy receiving
congratulations from his many
friends. Mr. Balrd underwent a
very serious operation nt an Om
alia hospital and pulled through the
ordeal In fine chape, considering the
danger attending operations of the i
sr;rt he had to withstand.
When the roads are good the pa
trons of R. F. D. No. 2 will ex
perience no delay In the arrival of
their mall hereafter. The genial;
carrier, F. A. Raker, is now the pos
sessor of a fine little auto which he
will no doubt be used to great ad
vantage. The machine Is a dandy,
running very easy and with but little
ncl3.
MIhs M. Kaufman and adopted
brother of Cedar Creek, were In the
city today, Miss Kaufman having
business matters to attend to. She
has only recently been appointed
postmistress at Cedar Creek and the
appointment Is one of the best ever
made In the county. In addition to
these duties, Miss Kaufman Is In tho
mercantile business In Cedar Crook
having one of the finest stores In
the county outRlde of this city and
carrying a nice line of general mer
chandise.
Picnic ami Kan re.
A most delightful picnic and plat
form dance will be given 8unday af
ternoon. June 13, at the old Pitcher
farm. Good music has been secured
and a good time is assured.
Will Vallery, Manager.
V. V. Leonard and wife are spend
ing the day in Omaha being passen
gers for that city on the early train
this mcrnlng.
Get Well First
aiuMj..'j.ji
Don't risk even a penny until Jualth
first nturnt.
And I mean Ju-t wearily thiit.
1 nm tho oiio phyoliiun who y to tlin nick "I
will. nut of my own pocket, tmy (or your medi
cine If It InlU to tiring you help "
Ami for M year ir. Mioop medicine nor
been ued ainl recommended Id every city und
hnmli't In America. They eru positively gluml
ard In every roiiiiiiunll and everywhere.
Then why pity thn cnh. and at your rink, lor
other uuwurrenteil ami tincerUiln medicine?
HiounnmU upon thousand Imvn In the past
titrreuftllly lnel lr. Wioop t HeMomuve.
When the Htomncn nervm, or the Heart or Kid.
ney nerve full, thew nick on know how quickly
Lr. Mionp'i IteotornllvH will hrlng them Imelt to
health imiii. Hat biHtuf all, t.u y pimitiet-
take ho mum y risk t,'wcr r.They know
that whnnrrll liculth full to
return. Ir. I r - h"P will
himself uln.tly 1 I I C 11 t'r Hi" lrn.
i.t for that Ut. And for
thiit tetl full :0 day treatment It trouly grunUxi.
Hut write me flrt for an order.
Thl will tava delay nd disappointment.
All druKKlstt wll It. Mioop't llestorntlve and Pr.
Khoopt Kheiimntlc Kniedy. hut all km not an.
thorlted In slve thn 3"dy tent. Ho drop me line
plenne (or I hkve Appointed an lionet and rn.
Fine Country Home.
M. S. Brlggs came In a few days
since from the fine new home of
George Wiles near Weeping Water,
having just completed painting upon
Mr. Wilts' house for which he had
the contract. The new buildirg ia
one of the shew places of the enunty,
being as fine a country home as
there is In all this county of fine
homes. It Is a strictly moder.i build
ing throughout and euulpptd with
all the latest Improvement!! Includ
ing a complete water plant, a superb
heating plant and every other conven
lenco progress has afforded for the
modern farmer. The nructure Is a
fine two-story one, hI.p 30m.';0 fc-ot,
and It was finished In the If.test and
most approved style and wkii the
costliest cf woods to be used in hous
es. The carpenter work was under
contract to William lioiiui.-, a well'
known builder of MiWiiiiestcr, Ia.,
who used only the bes.t and most i
experienced of men on It. The
masonry and plastering work was In
the hands of John Klns-v whose
name Is a guarantee of the best of
work In his line, Mr. Kinser never
leaves a Job until It is finished In the
most approved shape and to tlvj sat
isfaction of his patron Th. plumb
ing was dene by tho llim of John
Dauer of this city and this ulso posi
tive proof that it .vni satisfactory
to Mr. Wiles for thli linn only does
that kind of work while th3 pniutlng
throughout the building was handled
by M. S. Brlggs who has been In
this business here so lonrj that every
one knows his work li as good as the
best. Mr. Brlggs has done bo well
with this work, in fart, that he has
his hands full con?antl.' ai.d many
are kept waiting fcr his services.
From the foregoing it can be seen
the new Wiles resident-! Is one lit
for a prince or a king to live In and It
Is a pleasant place for this estlnnble
couple to take their cn:w. It Is like
wise an ornament to Cns county
and reflects great credit upon tho
thrift and energy of Us builder. A
visit to this place will also be a re
commendation for the workmen who
"reeled It and one of their best advertisements.
where the two men had tho trouble
In tho Burlington yards hero when
Fleishner bent Burke up with an Iron
bridge belt. Both men were tramp
ing aud quarreled over their dinner,
Burke having offendenl Fleishner by
ignoring the ethics cf the road and
trying to unload some of tho 'barb
nge'on the latter when he was making
"mulligan," the favorite dish of the
hobo. The sentence cf Judge Travis
this morning gave Fleishner 1 year
In the penitentiary to meditate up
on the woes attendant upon a hasty
and wicked temper. lie will be I
taken to Lincoln by Sheriff Qulnton
very shortly to commence serving
lit:) sentence.
Judge Travis cpens court on Mon
day ikcxt at .Nebraska City where he
holds a jury term which will likely
take up the remainder of the month
of June.
County Commissioner Swltzer
came in last evening and In company
with Commissioner Friedrlch and
Bridge Contractor Glenn Smith, de
parted for tho country this morning
to look over the damage done
by recent storms. Tho reports of
losses coming Into tho rommlsslon
ers Indicate tho loss much more
severe than originally supposed and
that there will bo a gnat deal of
work needed to put things In shapo
again.
Prompt Payment.
A3 an evidence of the promptness
with which the Woodman Accident
Association settles Its claims for In
juries, George W Snyder, the well
known farmer of the precinct, Is ex
hibiting a check for $67.30 which
they forwarded him In payment of
an Injury he received on March 3
last. The Injury laid him up for
some time nnd immediately upon his
filing his claim with proofs, the as
sociation remitted their check. He
Is well pleased with such prompt
treatment. George Horn of Cedar
Creek Is the agent for tho associa
tion and he Is cne of the best In the
business.
Miss Edith Pltz who has been vis
iting wth friends at Auburn for sev
eral days, has returned to lur home
near this city.
Hans Tarns departed this morning
for Ashland where he has some work
for the company to look after.
TSV G
Ccawscs e System
Dispels co&$ awd Hea&aahes
Aueo Ccsao;
Acs xvo.uToy, ac3vv as
aLaxcAwc.
Bcs jov NcwJVtcxv a&Cn&
To get Ws bGxxcJxcVoA ejjecls.
always buy be Ootwwtag,
manufactured by tlw
CALIFORNIA
Fig Syrup Co.
SOLD BY ALL LEADING DRUGGISTS
one sue only, regular price SO per bottle.
Mnlbln drug
In ml limit
very coinmun. Ur. eyerywhere.
to l.u my "no w k Tn"'D' 1,0 I'M.
tnedlelm to the A X V tirk. T-ll melo
whlrh nook you need. Thn hok
in-low will urely open rip new ami helpful Mm
totho who ant not well. Iletldmyou nrperfi't-
ly Inw to cotmult me Jut you would your home
phytlclan. My ailvlm anil ih book
your anil without rott.
your
lelo
w ar
perhp word nr two from ma will rlar up
torn terloiK ailment. I hart helped thousand
upon thonandn by my private
preerltlon or personal advlea
plan My !t ef. M flflort It urly
wortliyHirimpla JL J K r-iut Ho writ
now. whiia you hava It froth In
mind, for tomorrowiMVr foniet. Ir. 8 hoop, Bui
11. Kaellia, W it.
Walck Mk Ikall I In I Tail
No. 1 On Dytpeptla Ho. 4 For Woman
No. 2 On th Heart No. 5 Tor Man
No I On tha Kidncyt No. On Rhoumatlra.
Dr. Shoop's
Restorative
In IHMilct Court.
Judge Travis this morning held a
brief session of district court to hear
the remainder of te testimony In the
case of Wendt vs. Leary ct al, an ap
pal case from Justice court. The
controversy between tho parties
grew out of a suit for the collection
of a promissory note given In pay
ment for a horse The purities on
the note contested ' payment but
Judgment was given the plaintiff in
'the lower court. Judge Travis this
morning after hearing the testl
mony pre-empotorlally directed the
Jury to return a verdict for the
plaintiff for the amount asked for In
his petition. A. L. Tldd represented
the plaintiff and Ramsey & Ramsey
were attorneys for the defendant.
The Jury after hearing, the case
were then excused until July 6th,
when they will return and the re
mainder of the cases on tho docket
will be disposed of.
Judge Travis also sentenced John
A. Flelshner.tho man convicted sev
eral days since of assault with In
tent to commit great bodily harm on
one Charles Burke. This Is the cas
CATALOGUE SHOES 1
assazzic
or pictures of shoes are not bard to
produce, but where the rub comes in",
is to fit you and deliver QUALITY
SlIOKS at the right price.
We're living here with you with
QUAMTVSIIOKSnnd the man with
the picture shoes is a long" way off.
Jf our shoes pre not satisfactory, all
reasonable complaints are adjusted
rijjlit here at your door.
OUR MEN'S OXFORDS
comprise every good feature that the
best factory can attain, and being
made right or double lasted, they hold
their shape till thrown awav. Our
HOWARD & FOSTER model on the
new Putney toe at $4.00 is appreciated
by smart dressers.
HI GUN CALF, PATENT, TAN AND OX BLOOD!
They're Oxford perfection and the man we fit with Oxfords
never has that "all feet" tired feeling that always goes with the
wrong shoe.
SHERWOOD (k SON