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Clarence Receives Sentence of Ten Years in the Penitentiary
Case of Jesse Blunt vs. Burlington Relief on Trial .
From Saturday's Dally.
The motion for a new trial in the
case of the State vs. John Clarence
was submitted this morning to Judge
Travis, on affidavits for defendants.
W. II. Ra'.ney and A. C. Tulene, and
counter affidavit ot f'red Clugey, one
of the jurors in the case.
The affidavit of Rainey stated in
substance that he had had a conver-
eation with Mr. Clugey about Decern -
ber 16, 1909, In which Mr. Clugey
had said he could not Bit as a juror
In the case as he thought Clarence
should be convicted. And that after
the family of the deceased, Mr.
Thacker, had moved to Union, de
fendant, John Clarence, had ridden
around the dwelling in Union on his
pony with a revolver strapped on him
making threats.
A. C. Tulene's affidavit was in sub
stance, that he had talked with Mr.
Clugey In September, 1909, and the
juror had told him that he thought
Clarence should be convicted, and
that affiant had been Informed that
Mr. Clugey was a relative of John
P. Thacker by marriage. Mr. Clu
gey's affidavit was directed to the
statements la Rainey's affidavit,
which Mr. Clugey denied that lie had
made any such statements as alleged
In the affidavit of Itainey, and denied
also that he wa3 related to John P.
Thacker In any manner.
Alter submitting the affidavit no
argument was made on the part of
the defendant's counsel, and Judge
Travis immediately pronounced sen
tence upon defendant, Clarence, giv-
what mmMmmmmmi kr. S
f I What 'he W' $C$ Y I 51 I Windows! I
A j54miSf W HI ?
vJv IHave' Xmmmr W) iMJlJO Sensible!
N I To get PlIpX, -fegPJ
I HimU! lllSSlil S See! I
. i K taatsrsiiffi
Cop (it nt iurt fccJiaf.ticr & Mai a
THE XEV1AS STOE FOR SV3EN!
Sensible, practical gifts are not only rnore appreciated, but they emphasize the
good judgement ol the giver. No man's wardrobe is so complete but what he can
use something else.
HERE
Matched Sets, comprising Beng'iiline
Silk 4-in-hands, Handkerchief and Sox,
Si, $1.50 and $2, all shades.
Hosiery, pure silk, reinforced cotton
soles, five best shades, 50c per pair.
Everwear Sox, 6 pairs in a box, guar
anteed six months, SI. 50 per box.
Inttrwoven Sox, 4 pairs in a Xmas
box, light weight, linen toes and heels,
Si. 00 per box.
Bathrobes, various shades, reguhr
style, some with slippers to match, $5.50
and $7.00.
Smoking Jackets, neat and lively pat
tern combinations, sizes 36 to 42, $5.00
and $6.50.
Men's Fancy Vests, wash fabrics, silk,
mercerized and French llanntls, from
$2.00 to $5.00.
Besides this vc have many other useful articles, suitable for men and boys.
7 fie Home of Hart, Schaffner & Marx Clothes
Manhattan Shirts Stetson fiats
GLAD TO MAKE
EXCHANGES
H "lriH.il II i
nn rn
mi
u nnuLCU
lng him the maximum of ten years In
the penitentiary, holidays and Sun
days excepted.
Sheriff Quinton departed for Lin
coln with Clarence immediately after
sentence was prouounced. It is prob
able that the supreme court will fix
his bail and that pending the appeal,
Clarence will be at liberty.
In the district court the case of
) Jesse Blunt asainst the Burlington
rellef, which the attorneys thought
would last but a couple of hours,
took up the time of the court and
jury for the entire day. Counsel for
both sides complained lhat the other
as unnecessarily taking up the time
of the court with objections to evi
dence and long arguments to the
court concerning the materiality of
the testimony. The case Is a very
interesting one and the defendant
claims that plaintiff used fraudulent
methods in procuring the certificate
of membership in the relief depart
ment, and also introduced evidence
to show that before the Injury was
received for which this suit was
brought plaintiff made application to
tho pension department of the gov
ernment for a pension, setting up as
cue of his causes, a lame left knee,
which he had had twice Injured while
in the army, once by accidentally
cut'.Ing with a foot ad, while on
latir.'.ie duty, and once a horse fell
on tlie knee while plaintiff was on
cavalry drill.
The defendant was subjected to a
searching cross-examination by Mr.
C'ark, and stated that he had been in
ARE
fie hospital five or six different times '
with Lis knee while in the army,
earned by the Injury received with
the foot adx being again hurt by the
taalry horses rubbing the wound
open when riding In rank. The first
injury received while In the service
of the railway company was March
21. IOCS, for which the relief de
partment paid him benefits for near
ly a year, when he went to work for
the company and was re-Injured,
March. 1909. At the time the last
Injury was received, plaintiff testi
fied that he was standing on the
boiler of a locomotive at the round
Louse at MeCook. In the act ot ad
justing the sand spout, when the
engine was moved slightly and the
wind blowing strong, he lost his foot
ing and fell to the ground, striking
his left knee on a piece ot coal.
The relief department declined to
pay the loss of time, claiming that
l la'ntlff had gotten on the list the
last time by giving his name as
"Jesse Blount" and stated in his ap
plication that he was a new em
ployee. That his former application
bad been received from Plattsmouth,
and one from Havelock, and it the
company had known that he was the
tame Individual as Jesse Blunt, whom
they had paid for the former injury,
he would not have been received. At
the close of the testimony last even
ing the court and Jury showed weari
ness from the close attention to busi
ness for the week and counsel men
tioned that argument would be
waived, the court adjourned to 9
o'eloek this morning when the in
strucilons and arguments, it any,
wo.iM be presented to the Jury.
Since the above wa3 put In type, a
'phone mcssai'o from Col. John C.
Watson, of Nebraska City, counsel
for the defendant, says that Mr. Wat
son has just received a message from
the clerk of the supreme court, In
forming hfln that tho bond offered
by defendant for $15,000 had been
approved and the defendant turned
loose.
Parkei Laundry Bags, and ideal re
sceptacle for soiled linen; complete set,
including ring fixture and two bags,
(leather name tag on each bag) $2.00.
Stick Pins, plain and stone settings,
50c to $1.50; Cuff Links, beautiful de
signs, priced at 25c to $1.50; combina
tion sets $1.00 to $2.00.
Silk Suspenders, separate or with gar
ters and armbands to match in Xmas
boxes, 50c to $1.25; garters or armbands
separate 25 and 50c.
Manhattan Shirts in French cloths,
English madras and percales $1.50 to
$2.50.
Mu fliers, silk or knitted, all shades and
shies. 50c to $3.00; Motar Scarfs, all
wool, at Si. 25.
OPEN EVENINGS
IN DECEMBER
REBELS DEFEAT
MEXICAN TROOPS
Rsmiait ol Federal Forces Sur
render al La Junta.
SUSTAIN HEM LOSS OF MEN.
Are Allowed to Depart After Giving
Up Their Arms Bandit Kidnap
Cornell Student Madero Appoints
Provisional Governor of Ch.huahua.
El Paso. Tex., Doc. 17. tVdoral
troop wi'ie roniiilntcly ovfi thiow n
an vtifirtgement lasting Kt-veral huura
at La Junta, a small town near Alia
Ben, oq the Mi'xiio North wtbU i n nnJ
Orient railroads, according to author
Italivu infoimutiou received, by i ail
road oflicialtt here.
Tha remnant of ths federal troops,
numbering 100, surrendered their
urnia and ammunition and vmo al
lowed to deuait in tho direction of
Chihuahua.
Tho federal forces were supposed
to number over 1,01)0 men and wete ;n
command ot Ceuerula Nuvuno and
.Meiniidez.
A bpecial from Chihuahun Bald that
flKliting had begun unow at l'eder
uules. A train from Minnrii, Chihua
hua, was surrounded by iusurrcctos up
on Its arrival, captured and backed to
u point near San Antonio, for what
purposo la not learned.
Madero Name8 Governor.
Alualiani (Jonzales, u wealthy stock
broker of Chihuahua, has been ap
pointed provisional governor of the
Hlalu of Chihuahua, by Francisco 1.
Madero, according to information
brought licit! by Luther T. Ellsworth,
American consul ut Cludad
jOi tii-0
D.iuz. KUsworlh b tales that Con-
zalcs la In the held near Ojinaga, In u
camp witli (lonernl Porl'eeto lomoll,
nnd that Iho two have command of
about 1,(100 nrmed mon.
It is reported that Enrique Comoros,
Ron of a wealthy Chihuahua family
find a graduate of Cornell university,
nnd an American friend named I It.
Wohnlhin were raptured by bandits
while on nn automobile tour to Santa
Clara. It Is assorted that tho men aru
being held for a ransom of $25,000.
SENDS EDITORS TO JAIL
Adjudged In Contempt for Criticising
Superior Court at Seattle.
Seattle, Dec. 17 For criticising the
superior court In connection with the
granting of a temporary injunction to
tho Piigot." Sound Electric Hallway
company, Leroy Sanders, publisher of
the Seattle Evening Star,. was nd
Judged In contempt of court and Ben
tenced to four months in the county
Jail. Hugh Allen, managing editor,
wns pentonced to thirty days In Jti.il,
and tho Star Publishing company was
fined J300 In the King county ftuperlor
court. Judge Gilliam held that the
J criticism tended to prejudice the pub
lie In a enso still ponding.
Supreme Court Rules Against Editor.
lies Moines, Dec. 17. Editor E. II.
Rockwell of tho Enrmlngton Herald
can get no damages from his fellow
townsmen for the coat of tar and
feathers which was applied to him in
January, 1!)08. This Js tho ruling ot
the supremo court in a suit for dam
ages brought by Rockwell.
WHEAT OFFERINGS HEAVY
Argentina's Big Export Surplus Leads
to Free Selling.
Chicago, Dec. 1C. An estimated
highest yjeld on the Argentina export
surplus of llU.OOO.OUO bubhels led to
much selling of wheat here today.
Largely in consequence tho close wus
at a net decline of Viv'sC to
Corn finished ip',iC to v down, outs
off a shade to '4c und provisions Un
changed to 17',ie greater cost. Clobo:
Wheat Dec, 9 1 ) i c ; May, y5;j.,c.
Coin Dec, i!ivi:c; May, 47',.
Oats Dec, 3 Pa (US I ),-; May,
31Vc; July, Sic.
Pork Jan., $19.37'; May, $18.13.
Lard Jan., $10.25; May, $10. 02',;,.
Kibs Jan., $10.17'; May, $'J.liJ.
Chicago Cash Pi ices No. 2 hard
wheat, D-Kir'Ji.o; No. 2 com, 47fr4Sc;
No. i oats, 3 1 (fi 3 1 'jc,
Chicago Live Stock.
Chicago, Dec. Ki. Cattle Receipts,
15,000; 10c higher; beeves, $1.45(j
7 35; western steers, $4.005.85;
Blockers and feeders, $3.35(5.70; cows
and heifers, $2.35(6.00; calves, $7.00
4i9.25. Hogs Receipts, 15,000; steady;
light, $7 357.70; mixed, $7.357.70;
heavy, $7 30(&7.70; rough, $7.30ft7.45;
pigs, $70(&7.C5; bulk, $7.507.05.
Sheep Receipts, 8,000; steady; na
tives, $2. 404.30; westerns, $2.30)
4 30; yearlings, $ 1.30U 5.05; luiubs,
$4 2(1(3 0.30.
South Omaha Live Stock.
South Omaha, l c. 1C Cattle Re
ceipts, 2,200; 10c lower; beef steers,
$5 00(&G50; cows and heifers, $3,004,
6 50; Blockers and feeders, $3.75 5.50;
cnlves, $3.05 (ft 8.00. Hogs Receipts,
4,900; 5010c lower; heavy sold large
ly at $7.4007.50, with the lighter and
niedlumwoighta at $7.50(27.00, while a
sprinkling of right good or choice
light end butcher weights reached
$7X5. Sheep Receipts, 1,200; slow;
a few yearlings brought $4.75, with a
little bunch of native ewes at $3 60
aid a few lambs at $1 60.
CONFER ON TARIFF PLAN
' Representatives Reach Partial Agree
ment on Powers of Commission.
Washington. lec. 17. As a result
of tho conference over the tariff com-
; mission plait iu the bouse Kepics'i.ia
tivo l-ongwoilh, a member of the
ways and means committee, will in
troduce a measure which he believes
jwlll best meet the views of the com
mittee. Mr. Long worth ami Repre
sentatives Lenroot (Wis) and Good
(la ), both ot which hae Introduced
measures for a committee, have been
conferring tor some days, and succeed
ed iu harmonizing some of the Uif
Icreuces. Whatever measure is filially worked
out will provide that the commission
which Is to supplant the present tar
IU board with enlarged powers shall
collate and assimilate data, but will
not be empowered to make recom
mendations. There are various points yet to be
settled, the most vital being tho quoa
Hon of the right of the committee
to require the production of papers
and fiWs by any corporation it may
see fit to call on for such information.
An agreement In a sut.comnilttee of
the sennte has been reached m the
measure declaring for popular election
of United States senators
CANADIAN FARMERS
MUCH DISAPPOINTED
ysioh
r.
Ottawa, Out.. Dec. 17. The delega
tion of 1.UU0 Canadian farmers pro
leiited their demands to tho Canadian
goveiumeut and received their an
swer. Ad a result there are a thou
sand rather disappointed strangers jn
ine l anacuaii cnpn.u. J no icpiy oi
the povei iiiuont made by tho premier,
Sir Will red I.aurier, did not come up
to the expectations of the delegation.
He referred only to tho tariff, tho
Hudson P.ay railroad nnd the elevator
proposals. Of tho tariff, the premier
said it would not be wise to make the
extensive revision asked for until the
reciprocity negotiations now iu pros
ress with tho United States were con
cluded. The goal of the government
wns in tho direction In which farmers
were moving, he added.
Of the elevator proposal, tho prime
niinlbter said Iho remedy proposed
would not bo effective, for Jf Canada
owned the elevators on the Great
lakes there would still be transship
mcnts at Port Colborno nnd at Mon
treal, where mixing frauds could he
perpetrated. Of the Hudson Bay rail
road, he said:
"The government Is prepared to go
on with the construction of tho road
nt this moment. I am not a supporter
of government ownership, hut to Mint
I mnv be persuaded, to government
operation I may be persuaded also,
but with greater diluoulty."
FLOODS IN GREAT CRITAIN
Many Villages Are Under Water and
Sea Walls Broken Down.
IOndon, Dec. 17. It Is thirty years
Hluce England has known such Honda
as are now devastating immense
si retches of the country. Thn deluge
practically has been Incessant since
Dec. 1, only two days of the sixteen
being without rain. The fanners havp
Buffered heavy losses. Ijirgo areas ol'
territory are inundated nnd the wntoi
In some pnrts of the country Is twelve
feet deep.
In many villages houses hnvo been
Hooded and tho residents are living
in the upper stories.
A severe gale swept thn coast, cnus
Ing havoc nt sea and nt towns like
Worlh.lng, Hastings, Cowes nnd Dover
where sea walls washed away nnd
thousands of tons of sand were dopes
ltod in the Rt roots.
Off Shernpss a Itrltish naval tender,
occupied by 100 sailors, who wore go
lr, aehore on liberty time, whh enp
sued and five of the men drowned.
WINNIPEG CARS TIED UP
College Students Volunteer Them
selves as Strikebreakers.
Winnipeg, Man., Dec. 17. The street
car system here Is tied up by a strike.
After a session lasting from midnight
to C a. m., the employees decided to
strike, Iho company having refused to
reinstate prominent, union olllcers,
who lmve been disciplined for drink
Ing In a barroom. The students of
three city colleges offered their ser
vices to tho street railway company
to take tho places of tho strikers.
Their offer was accepted The city Is
quiet and no cars are running.
Two Banks In Texas Closed.
Washington, Doc. 17 The Farmers'
end Merchants' National bank of An
son, Tex, has been closed by its dl
rectors and a national bank examiner
placed In charge. This Is tho second
nntionnl bank to fall Into dilllculty In
tho last week because of tho drought
and bad crops whjch hnvo been preva
lent In tho panhandle section of Tex
as.
The tjuanah National bank was
closed for the same reason
Express Companies' Turn Comes Next.
Paltlmore, Dec. 17. A letter re
ceived by a well known Baltimore man
Indicates that within a couple of
weeks the Jnterstate commerce com
mission will begin an Investigation
of the rates and charges of the ex
press companies operating throughout
the United States.
CHARGED WITH
HHSUSEQF MAILS
Nineteen Persons Are Under
Arrest at Piiiiadepa.
Four Officials of Syndicate Are Taken
Into Custody Pine Heights Land
Company Among tho Number Held
In 11,000 Bail for Trial.
Philadelphia, Dec. 17 Nineteen ar-
rests were made by postal inspectors
iu Pennsylvania ami New Jersey In
the government's crusade esalust per
sons accused of using the niajls to do
fraud. The defendants were given hearings
)itl'nt.k lTniitiit Stnt.ktt fMiintiiiustfiiiei a
nna MJ (u bal fof trlal or for fulhor
hearings. Seven of the defendants
were given hearings In Philadelphia.
These Include olllclals or the Chain
Shea stores syndicate, with stores
here. Two constitute the Pjno Heights
company, a New Jersey land improve
ment concern, with Philadelphia con
nections, aud tho Boventh is a local
physician. Tho complete list, with tho
results of their healings, Is:
Chain Shoo Stores syndicate, Louis
L. Rice, president, Philadelphia; An
drew C. Patterson, first v,lco president
of tho syndicate, also president of tho
Excelsior Trust company of Philadel
phia; Edgar Pohllg, second vlco presi
dent nnd treasurer; George II. Itrooks,
third vice president, Philadelphia.
Each was held In $1,(00 ball Tur a
further hearing.
The pine Heights company, Robert
0. McMorrls, Philadelphia, nnd Harry
1 Stanton, Ocean C.lty. N. .1 . waived
healing nnd were held Iu $M)0 ball
oath for trial.
Individual Arrests.
Oilier Individuals nrresled were: Dr.
J. D. llornstoln, $800, Philadelphia;
Charles 11. McKee. Huntington, Pa-.
$1,000, . for a further hearing; J. S.
Lopschi Rldgway, Pa.. $2,500. for fur
ther healing; John ' A. Weltzal. Lan
caster, Pa.. $1,000. for trial; Abram
Stauffer and Oscar A. Slauffer, Pal-
Imyra, Pa., $5,500 each, for court; Will-
lam S. Loam. 1obnnon, Pa., $500, for
court; Abrnin S. Stapffer, palmyra,
Pa.. $1,500, for court; Ira C. Webster,
Newark, N. J.. $1,000, for further hear
Jng; Osenr Gustavson, Jersey City, N.
J., $1,500, for further hearing; S. Jo
seph Silverman, Pittsburg, $2,500, for
court; Lewis Conrad, Conrad IMz
and William ninghnni, olllcers of tho
Correspondence Institute of America
of Scrnnton, $1,000. each, for further
honiing. This organisation has no
connection with tho International Cor
respondence schools.
Thn government alleges that the
Chain Shoo Stores syndicate sold
slock on fraudulent representations.
Dr. llornstein, the Philadelphia,
physician, Is aroused of sending
through the mails circulars advertis
ing a remedy nnd Is charged with
making fraudulent statements In his
literature,
Conrad, I.otz and Hlngliam are, re
spectively, iho president, secretary
nnd tronmirrr nnd manngor of the Cor
respondence I nsl.lt uto of America.
Charcje Fraudulent Letters.
Tho postal Inspectors allege that
this concern procured lists of high
school students nnd wrote to them
saying their nnmes had been recom
mended as those of persons with ar
tistic talent. On this nccount tho Insti
tute offered a $42 course of art In
struction under Its faculty of fino ar
tists for $18.50. It was said there
was no faculty of niilsls, hut there
were 00,000 ctudents enrolled In the
bonks of the concern.
McKee, who was arrested In Hunt
ington, traded as the Charles 11. Mc
Koo Commission company nnd the
Hunting Emit, nnd Produce company.
It is alleged that he bought produce of
farmers through the malls nnd failed
to make payments.
PACKERS AGAIN INDICTED
New Set Drawn to Meet Point Raised
by Attorneys for Accused Men.
Chlcngo, Dec. 17. A new set of In
dictments charging the National
Packing company und lis officers wjth
conspiring to restrain trade was re
turned beforo Judge nndis In tho
United States district court. Trial on
the indictments will ho brought before
District Judge Carpenter.
The new Indictments were brought
to obviate any difficulty arising from
tho packers' claim of Impropriety In
Judge Ijimlls bearing the case on tho
grounds that several yenrs ago, as as
sistant Untied Stntcs district attorney,
he took part In nn Investigation of
f the beef packing industry.
CLERKS MUST REPORT AT 8:30
president Taft Decides to Add Half
Hour to Workday.
Washington, Dec. 17. President
Taft and his cabinet decided that all
government clerks employed In Wash
ington shall work a halt hour longer
each day. Tho decision Is In Una
with the policy of tho administration,
to bring about greater effciency and
economy in tho government depart
ments. It was decided to add the extra half
hour to the forenoon and the time for
reporting each mornjng was fixed at
1:30 o'clock, Instead of 9, aa at proa
tat.