1 1
Nab. feiaU Historical B.
'SMattewtotttb
Journal.
SEMI-WEEKLY EDITION EIGHT PAGES
VOLUME XXIX
PLATTSMOUTII, NEBRASKA. MONDAY DECEMllER ,12 1910
NO 93
i
DC
DEFEhGE STARTS III IE
CLARENCE MURDER CASE
Number of Witnessea Summoned to Testify to John P. Thacker's
Reputation for Quarreling With His Neighbors.
From Friday's Paily.
The trial of John Clarence, which
la engaging the mind of the public,
doea not abate lu Interest as it neara
the close, and at the adjournment of
court last evening attorneys for both
sides thought that the evidence would
be all submitted by noon today, Fri
day. The state closed Its direct evidence
yesterday morning with John Corey's
evidence on recall. Prior to recall
ing Mr. Corey some of the defend
ant's testimony on cross-examination
at the former trial was read to the
jury. This evidence was in substance
that at the time he- fired the shots
Into John Thacker's body, Thacker
was not trying to do defendant in
jury. The defendant began to introduce
testimony about 10 o'clock Thursday
morning, and the testimony taken by
the reporter at the former trial given
by Earl Albln, was read to the Jury.
This witness Is in South Dakota, at
this time. Another witness for the de
fendant, Bam Redmond, is In Mis
souri, and his testimony was read as
given at the former trial, and the
testimony of Mrs. Maggie True, who
is In Michigan,' -was also read.
The evidence of Earl Albln was to
the effect that he had been an eye
witness to all that transpired there
at the Darrow farm the day of the
trouble. That the first he saw and
heard of John Thacker was when he
appeared between Carter Albin's
team and the crib, and that Thacker
railed to witness's uncle to get out of
the wagon and kill the witness, he
then heard John Clarence call to
Thacker to keep his mouth out of the
trouble between witness and his
uncle. That on hearing Clarence call
to him Thacker picked up a board
and started toward Clarence. Wit
ness followed Thacker to the head of
the horse, saw him strike Clarence
twice with the board and once with
Clarence's cane, and in the clinch
which followed Clarence fired three
shots close together.
The witness Redmond testified that
he had been In the house to use the
telephone, and was returning to the
sheller when the men were grappling,
i.e saw Thacker strike Clarence, who
had struck at Thacker with his cane,
but witness did not know whether the
blow landed on Mr. Thacker's body.
This witness heard three shots close
together.
Ira Clark, who was In the crib
when the trduble started between
Earl Albln and his uncle says he was
an eye-witness to the shooting. That
when the trouble first started be
tween Clarence and Mr. Thacker he
looked through the cracks of the crib,
he also heard what Thacker said to
Carter Albin and Clarence's call to
Thacker to keep out of the quarrel,
lie saw Mr. Thacker pick up the
board, then he got out of the crib
and passed to the head of the team
I MAKES A
NEW WEIGHING ORDER
The Turlington railroad has gained
permission from the state railway
commission to put a new weighing
order In effect that Is of considerable
Importance to stock shippers in Ne
braska. The order affects all ship
ments destined for South Omaha.
Heretofore if a shipper sent one
heavily loaded car and one lightly
leaded car to market he was charged
actual weight on the heavy car and
was forced to pay the minimum rate
established by the tariffs on the light
car, although his shipment might be
considerably under the minimum.
The new order provides that the
entire actual weight ot both cars or
more shall be considered and that
payment shall be on the average per
car. If the average falls below the
minimum for both cars, only the min
imum rate will be charged. For
weights over the minimum actual
wslghts will be used.
The rule in effect Is a reduction In
rates on shipments of live stock of
this particular character. The rule
and heard the three shots fired close
together, as the men grappled.
Leonard Crawford was in the crib
with Clark, heard the shots but did
not see the shooting.
Dr. J. S. Livingston was called by
the defense, and testified to being
called to dress wounds on the head
of defendant at the time of the trou
ble and at the time found two wounds
one on the top of the defendant's
head and the other toward the fron
on the right upper portion of the
head, the one on the crest of the skull
about the size of a silver dollar and
the other something near the size of
a split pea, the skin was abralded.
On cross-examination witness stated
that the wound was a contused abra
sion. The doctor then made an examina
tion of the defendant's limbs and
made measurements of his legs above
and below the knees, and found the
left much smaller than the right, and
pronounced the defendant a perma
nent cripple.
Walter Thacker, a brother of John
P. Thacker, the murdered man, testi
fied that he had had a talk with the
defendant on the day the murder was
committed, and witness had asked
defendant to sign a petition for a
road across J. P. Thacker's land
which was to he used by witness; that
Clarence had said that he would sign
the petition provided John Thacker
got pay for the land. That on the
same day he had told Clarence of his
brother asking the witness to have
Clarence come into the timber so
John Thacker could give him a
thumping. Witness" also swore that
the reputation of his brother for be
lng a quarrelsome man In the neigh
borhood was bad. On cross-examination,
witness stated tlat reputation
was what people said about a man,
and admitted that he had learned the
meaning of the word reputation since
the former trial of the case. lie was
pressed In his cross-examination to
explain to the jury why he had in
formed Clarence that day of John
Thacker asking witness to decoy
Clarence into the woods to give
Thacker a chance to thump him. Wit
ness replied that he did It to keep
down trouble and so that Clarence
would stay away from his brother.
And during the year and a half
which elapsed since his brother had
made the request, witness had not
had an 'opportunity to tell Clarence,
although Clarence resided but two
miles away.
Eli M. Smith, Mrs. Carrens and
Charles llackathorn were put on the
stand to show the reputation of the
decensed, J. P. Thacker, as to being
a quarrelsome man, eaclmf them, ex
cept the latter, stated that hia reputa
tion was bad. Mr. llackathorn said
Mr. Thacker was a nice man, a good
man, but a little quarrelsome.
After the evidence of Mr. llacka
thorn was In the court adjourned
until 9 o'clock Friday morning.
applies to shipments on one kind of
stock only hogs sheep or cattle be
ing considered separately for weigh
ing purposes.
The milling in transit privileges
havo been extended on the Purling
ton In Hastings territory for the ben
efit of millers at that point. Changes
to this purpose were authorized by
the commission Thursday.
Killed by l ulling Windmill.
The body of Eugene Harshman was
transferred here Tuesday from the
train to a hearse in waiting to convey
the remains to the old home for
burial. Mr. Harshman resided at
Maltby, South Dakota. He was erect
ing a windmill on bis farm, and In
some way It fell and struck hlra. The
accident happened on December 2nd.
The body was In charge of a son-in-law,
Hans Ilogh. Harshman was a
son of Geo. Harshman, sr. He leaves
a wife and three children Weeping
Water Reiiublii yn.
The unfortunate man Is a son of
George W. Harshman, of near Avoca,
and went to South Dakota and locat
ed several years ago.
If you want beip or nare anythlnr
o m!1. adreruse in tne Journal
Mrs. Harvey Very ShK.
From Friday's Dally.
Mrs. C. A. Harvey, residing six
miles south of Plattsmouth, is very
seriously ill and her friends are so
licitous as to her condition. Last
Saturday she suffered a stroke of
paralysis, her right side being affect
ed. Today her condition was worse
than It has been. Dr. Cummins was
(ailed and has rendered what aid
medical skill can furnish.
" MESS IS I
sm m plum mi
We clip the following from the
Lincoln State Journal: "It. W. Hyers,
of Bassett, Is appointed deputy oil In
spector for the Sixth congressional
district. Mr. Hyers does not come to
this public position without similar
training. He Is a pioneer settler as
well as pioneer politician of the state.
He came to Nebraska in 1S70 and
took a homestead on what Is now the
site of Bethany, a suburb of Lincoln.
Later he moved to Weeping Water In
Cass county, where he made his home
a great many years. He served as
sheriff of Cass county three terms in
the early '80s and was elected to the
state senate as a republican In 1886,
serving in the session of 1887, the
time that the state was last redtstrlct
ed legislatively. Almost Immediately
Mr. Hyers was appointed warden of
the penitentiary by Governor Thayer,
which place he held one term. Gov
ernor Sheldon In 1906 appointed Mr.
Hyers deputy game warden for the
Sixth district, he at that time as now
being a Klnkaid homesteader." The
Journal together with Rube's many
friends In Plattsmouth and Cass
county extend cingratulatlons. While
this paper and Mr. Hyers cannot
agree, politically speaking, yet it has
always had the warmest regard for
him. Rube Is one or those gentlemen
who will always be found doing his
duty, no matter where you place him.
Will Soon Return to llaytl.
Ex-Congressman E. M. Pollard was
In Lincoln last evening attending the
dinner of the West India Mahogany
company, which was held at the Lin
coln hotel, and which was attended
ty those Interested In the company.
At this dinner reports were made to
the stockholders by Mr. Pollard and
an expert who had surveyed the
property In the south.
Mr. Pollard was called home about
two weeks ago by the Illness of a
fourteen-months-old son who was af
flicted with pneumonia. The child's
condition has improved rapidly, and
Mr. Pollard hopes to return to llaytl
In about two weeks and take his fam
ily there for the winter. He thinks
the climate will greatly aid in restor
ing his son to health.
"It Is a very fine climate," said Mr.
Pollard, "In fact almost Ideal. The
one drawback is the rainy season and
that is not nearly so bad as many
northerners think. The nights are
cool and the days are not uncomfort
able. There is always a sea breeze
when It Is most needed. There are
very few Americans on the Island and
this fact argues against It as a resi
dence place." Lincoln Journal.
IV Ick Laying Resumed.
A full force of brick layers were
put to work on the gasoline engine
factory building yesterday noon, and
the work is progressing right along.
The mortar is being mixed with hot
water and while the weather is no
colder than at present v.ill set before
the frost reaches It.
Mr. D. II. Harkness, who la over
seeing the laying of the pavement for
the M. Ford people, yesterday com
pleted the block of pavement between
Sixth and Seventh streets and expects
to have It open for trafflcby Satur
day. He expects to have the block
adjacent on the east finished this
week. There has been some delay In
the arrival of the brick, which were
reported all shipped from the kiln on
the 25th of last month. One car ar
rived last evening and three more are
expected this morning. A force of a
dozen men are Bcooplng the snow and
sand from the concrete preparatory to
laying the sand and blocks on Fourth
and Fifth streets. Mr. Harkness says
the Intersection at Seventh and Vine
was the hardest to lay of any ho has
yet tried, and lie has laid some diffi
cult Intersections.
Frank Grauf and John Everett, of
Union, were In the city yesterday af
ternoon to attend the Clarence trial
In the district court and while In the
city Messrs. Grauf and Everett were
guests of the Perkins hotel.
FOR
The Contestants Being Lee Fick-
ler, of Plattsmouth and Kid
Parker, of Alliance.
At the Parmele theatre, on next
Thursday evening, Dec. 15, will be
the exciting number of the season, at
which time there will be two good
wrestling bills pulled off, the prelim
inary being between Will Scybolt and
Theo. Amkk from near Murray, and
the main event between Lee Fickler,
of this city, and Kid Parker, of Alli
ance. This promises to be a very ex
citing number, as Mr. Fickler lias
been making rapid strides the past
year or two, and is becoming a migh
ty good little man on the mat, while
Kid Tarker has been a good one for
a number of years, and while Fickler
Is somewhat handicapped as to
weight, we wager a coon skin he will
be there at the finish. The wager la
made upon thla condition, owing to
the difference In the weight ot the
two gentlemen, Parker wagers that
ho will deliver two pin falls upon his
opponent In thirty minutes, and the
Cass county champion, Fickler, does
not believe ho can deliver the goods.
Then that preliminary bout Is not
going to be so slow either between
Amick and Seybolt. They are both
good men and pretty evenly matched,
and will make quite a contest. The
admission for both of these numbers
will be 50c and 25c, the second floor
tickets being placed at 25c. This
price Is very reasonable and should
draw a large house.
Tliut Poultry Show.
Since the Journal's suggestions on
the subject of a chicken show in
Plattsmouth, we have conversed with
several business men, who are In for
It, and say it would surely succeed if
sortie1 of those who are engaged In
raising poutry would come to the
front and exercise a little energy In
this direction. While the fanner,
and especially the farmer's wife, Is
Interested In raising poultry, there Is
a great demand for the best and
purest bred chickens, and an exhibit
of this character will bring the best
to the front. There are a number of
breeders of nne poultry In Platts
mouth and vicinity, and If these per
sons will put on their hustling
clothes, we believe they can get all
the help necessary from our mer
chants to make such an enterprise a
success. Nebraska City has Just pulled
off a chicken show this week that has
excited moro Interest than any one
exhibition of this character that they
have held, and they have been giving
these shows annually.
Will I'luttsnioulli Join?
Manager Rrantner, of the Red Sox
ball team, la contemplating trying to
enter either the Mink or State league
for next season. There are now six
teams' In tho Mink league, and they
are thinking of enlarging their ter
ritory by taking In four moreteains,
making ten In all. It will take some
money to enter either the State or
Mink league, and that money must
be put up by the business men. In
a very few hours the other day, ac
cording to tho Press of that city, Ne
braska City business men subscribed
$1,600 for this purpose, which de
notes they are enthusiastic In the
cause. The leagues are now engaged
In making up their circuit, and If
Plattsmouth desires to march in the
base ball procession next season, they
must soon move In that direction.
Aged (ciitlcmnn Visits Son.
Mr. J. M. Dalton, of Vallsca, Iowa,
and his wife arrived from Gretna this
morning, where Mr. Dalton celebrat
ed his 86th birthday last Saturday at
the home of his son-in-law, Mr. Moy
er. Mr. and Mrs. Dalton were ac
companied to Plattsmouth by Mr. J.
A. Rouse, of near Gretna. Mr. and
Mrs. Dalton will visit their son, R. I).
Ualton and family In this city for a
few days.
ISox Social.
Miss Marie II. Jcrowshck, who Is
teaching the Cottonwood school of
district No. 27, and her pupils are
arranging for a box social to be given
at the school house on Saturday even
ing, at 8 o'clock, Doccmber 17th. The
proceeds from the sale of the boxes
will be used for the benefit of the
school. Everybody cordially Invited.
(.'iMioii House Sold.
O. K. Cromwell, owner of the Gib
bon house for practically twenty-five
years, has Bold the hotel to J. A.
Eller, of Louisville, former proprietor
of the Speaker hotel. The deal was
made Monday. Mr. Eller expects to
Improve the building, and take per
sonal charge in the near future. He
Is known to many patrons, and has a
reputation for conducting a good
house, supplying a Bplendld table, and
The Republican extends to the new
proprietor a hearty .welcome Weep
ing Water Republican.
Mr. Kller was proprietor of the
Speaker house in lnilsvllle to within
a few weeks of Its destruction by fire,
and sold out, expecting to locate In
the hotel business elsewhere. He Is a
good hotel man.
WILL PUT IN THE
MLEY ELEVATOR TRACK
The trauble between the Farmers'
Elevator company and the Missouri
Pacific Railway company has been ad
pusted, the elevator people agreeing
to build the grndo for the siding to
run to their elevator and the railway
company agreeing to lay the track at
once.
Some few years ago the farmers of
that vicinity organized the Fanneru'
Elevator company for the purposo of
shipping their own grain. They de
manded a site on the Missouri Pacific
right-of-way, but were refused. They
then built their elevator on land ad
joining the right-of-way and went
Into court to force the railway com
pany to put In a side track lending to
the elevator. The mill of Justice
grinds slow, meanwhile the elevator
people were compelled to haul their
grain from the elevator and scoop It
Into the cars for shipment. The case
was appealed from one court to an
other until it reached the supreme
court of the United States, where a
decision was recently rendered In
favor of the railroad. Now the whole
matter Is to be satisfactorily adjusted
by each sharing the expense. The
farmers were busy Wednesday with
plows and scrapers building the grade
for the track Loulsvillo Courier.
Narrow Kwu.
From Friday's Pally.
Mr. 1). W. Foster, of Union, Mont
Robb, of Mynard, ami Malcolm Pol
lard, or Nehawka, had a narrow
escape last evening riding down town
from the Missouri Pacific station In
this city. On getting off tho train
about fi p. m., It being dark and
walking bad, they stepped Into a
hack. Ileforo reaching tho mill it
appears a second hnck attempted to
pass the one In which the gentlemen
were riding, when a race was started.
Near the mill the hack collided with
a telephone pole knocking tho hind
wheel and axel out from under the
box, letting the load down on the
step and In this plight the vehicle In
which the three passengers wero seat
ed was dragged for some distance bo
fore the attention of the driver, who
was intent on being best In tho race,
could bo attracted. When tho hack
was stopped, the men climbed out and
walked tho retmainder of tho distance
to town.
When the hnck collided with the
pole, Mr. Foster was thrown ngnlnNt
tho side of the vehicle with such force
as to bruise his left shoulder quite
severely.
I'aslor Russell's Sermons.
Pastor Russell, the noted pastor of
the Brooklyn Tabernacle, will deliver
three sermons or lectures In Omaha
on next Sunday, December 11, at the
auditorium. At 10 a. m. tho praise
meeting will be held, and at 3 p. m.
the general sermon will be delivered,
his topic being, "Hereafter." At 7:30
he will deliver a sermon at College
Hill. The Pastor Russell sermons
have been running In the Journal for
the past year, and many of our read
ers have found them very interesting,
and no doubt the sermons at Omaha
will attract a number of peoplo from
this city, who have long had a great
desire to hear him.
I torso Shoeing.
John Durman desires to Inform
thoso who need his services that ho
has opened a shop at the Ora Dawson
place for shoeing horses. Satisfaction
assured.
For Kent.
Eighty-two acres, two miles north
of postofflce, known as Paradise
rark. For terms apply at Straight &
Strelght's furniture store. 12-3-3tdlw
HIGH SCHOOL BASKET
BALL TEAM AT AUBURN
Another scalp dangles at the belt
ot the A. II. S. basket ball team as
the result of the encounter between
the home boys and Plattsmouth team
at the Dougherty hall last Saturday
evening.
There Is no question but that Platts
mouth has a splendid team, but they
were not quite fast enough or quick
enough to cope with the Auburn
youngsters, who played all around
the visitors, winning tho gnmo by a
score of '55 to 21.
The line-ups of the teams were as
follows:
Auburn Plattsmouth.
(g) L. SmlthSehlater.
(g) GeiiawHerold.
(c) Quackenbush Dalton.
(f) Mastln Reese.
(f) E. SmithFnlte'r.-
The first half started off lu tho
usual whirlwind manner. Quacken
bush throwing a goal before the visit
ors realized the game had fairly com
menced. It was steady goals after
that, with Reese securing the two
goals for the visitors and tho four
freo throws. Lee Smith, guard, who
found the bail In his possession at
one time In the first half discovered
that by no secure chance could ho
get It to an Auburn player. Necessity
left him no alternative and he made a
throw from far down the field mak
ing a goal and a spectacular play In
ono. The first half ended 2 5 to 8 In
favor of Auburn.
In the second half Plattsmouth sub
stituted Egetiberger for Falter, and
there was something doing at once.
Within thirty seconds tho new player
had made a goal and by this assist
ance had helped Reese make three.
Thla occurred while Auburn had made
only two goals and the score of 10 to
4 in favor of the visitors looked bad,
but Auburn soon "got wise" to the
new man's style of play, and It was
all over, but the shouting, the second
half eventually ending 30 to 13 lu
favor of Auburn.
The game throughout was freo
from any Jangle, tho boya of both
sides being In hlxh good humor,
caused by several amusing Incidents
of t lie game. Principal ltlchey acted
as referee In a most satisfactory man
ner, as did Supt. I lot cm u b as umpire.
J. Stoddard as time keeper and E. P.
Stoddard as sccrcr filled their por
tions nccordlng to the rules of tho
game. There was a fair attendance.
Auburn Herald.
Rebuilding (lie Hotly.
There are constant changes going
on In our body. Some of the small
1 articles or cells, of which tho body
consists, die and new ones are filling
their places. If these new particles
receive enough nourishment, we do
not notice the exchange. Tho new
cells are then strong and active. Good
nourishment can only be carried to
them by good, rich blood. Poor blood
gives nourishment, the cells nre starv
ing and some bodily discomfort re
sults. Good blood being the result of
a thorough digestion of food, It bo
(onies our duty to watch the process
of digestion. As hoop as some Irregu
larity makes Itself apparent by poor
appetite, Trtner's American Elixir of
Hitter Wine should be used. It will
thoroughly clean out the alimentary
canal and strengthen all organs. Uso
It In ail disturbances of the stomach,
the Intestines, the blood and tho
nerves. At drug stores. Jos. Tiiner,
1.13.1-1 339 So. Ashland avenue. Chi
cago, Illinois.
Attention!
If you wish to purchase Adeline
Plantation Land, Louisiana, where
every acre produces 35 tons of sugar
can to the aero and corn runs at
from 60 to 90 bushels, take the
Payne Special from Omaha on De
cember 20th, January 3d and 17th.
Faro for tho round trip only 32. CO
sleeping car berths, meals, etc., with
out expenso to you. For further par
ticulars write or call on Associate
Agents, the
Windham Investment Co.,
Plattsmouth, Neb.
KnJoy Kensington.
.Mrs. E. II. Weseott entertained
about twelve ladleB at her pleasant
home on South Ninth street yester
day afternoon at a most enjoyable
Kensington. The event was In honor
of Mrs. II. B. Hayes. Music, sowing
and social conversation furnished en
tertainment for the Invited guests.
For Balcl
A number of Duroc boars with
pedigree. L. II. Oldham.