THURSDAY, JANUARY 8, 1914.
PLATTSMOUTH SERTI-WEEKLY JOURNAL.
P1GZ 2.
ROE CONVICTED
OF MURDER IN
SECOND DEGREE
(Continued From First Page.)
conclusion as to Richardson
having: been in a state of in
toxication, and he stated he had.
and that it would, if the amount
claimed had been drank, put
them in a state or condition
William Ash of Weeping: Wa- where they would not know jut
door of the car, to discover Roe
astride Richardson, with the
knife with which he had appar
ent! inflicted the wounds found
on the body.
mis morning trie court was
opened by the state calling to the
witness stand the surgeons at
St. Joseph's hospital in Omaha,
who had conducted the operation
performed upon Richardson
there.
Dr. J. II. Heston testified that
he was a surgeon at the hospital
and had met the patient. Rich-
ter was called to the stand and
identified a knife shown in ex
hibit by the state as the one that
he had in his charge, as the in
strument that caused the wounds
on Richardson's body. He had
first saw Richardson in the office
of Dr. Irungate and had accom
panied the injured man to Omaha
to the hospital.
Dr. J. B. Hungate was recalled
to the stand by the defense in an
effort to get the conversation
held by the injured man with the
doctor, both before and after the
injuries had been dressed, but
the matter was ruled out by the
court on the objection of counsel.
The prisoner, Joseph Roe, took
the stand in his own behalf and
made a very good witness, telling
a straight story of the trouble as
far as he could recollect the de
tails. He and Richardson had
spent some time in drinking and
singing after Olander had gone
to bed, and just how the trouble
started he could not recall, but
ardson, at the Union station,
where he was in charge of the Richardson had jumped onto him
county attorney and William and given him a severe beating,
Ash, and the man had been con
veyed direct to the hospital,
where the operation was per
formed by Dr. Hollister, assisted
by the witness and Dr. Kline. He
striking him several times in the
face and on the head. After he
had gotten up from the bed
where he fell he saw Richardson
across the room and started
stated that apparently one lung over there, when Richardson
had been punctured and a large came over to the stove and so-
wound in the abdomen penetrat
ing the intestines and that pero
tinitis had set in on the man.
The patient became worse while
n the operating table and all
the known methods of artificial
respiration had been used to
bring him to, but without suc
cess. The witness, assisted by
Dr. Newell, had performed the
autopsy on the body on the Mon
day following his death and
found a large wound in the
cured the lid off of the stove
and started for him with it up
raised in his hand, and they
were both cursing at each other.
As Richardson advanced on him
he parried the blow and struck
him with the knife, which he had
picked up from the table as
Richardson advanced on him, and
they had then clinched and fell
to the floor in the northwest cor
ner of the bunk car, but he had
no recollection of stabbing Rich
abdomen some three-quarters of ardson in the back, but thought
he struck him in the abdomen a?
thev hit the floor in the fall. As
they both had been drinking he
did not have a clear idea of the
time the trouble occurred.
The cross-examination by
County Attorney Taylor failed to
shake the testimony of the
prisoner to any degree. He re
told the story of having been hit
by Richardson and having fallen
on the bed, and thought perhaps
he had been there for a minute
or two, when he got up, but did
not recollect having heard Oland
er get up from the bed on which
he was lying. As he arose he saw
Richardson across the room on
the west side of the car facing
him, and he got up and started
across the car toward him, and
as he did so Richardson crossed
in the direction of the stove and
picked up a lid off of the stove
and advanced on the prisoner
with it upraised as though to hit
him. and when within a foot of
him he had parried the blow he
thought was aimed at him and
then struck him a blow with the
knife in his hand, and he
identified the weapon shown by
the state as that with which he
had struck Richardson. A
they clinched and fell to the floor
he struck Richardson in the
abdomen. They had been good
friends prior to the time of the
trouble in the car. As they fell
to the floor the stove lid flew
from the hands of Richardson
and rolled to the side of the car
where the stove was located. As
the prisoner was still under
cross-examination by the county
attorney at the noon hour, a re
cess was taken until 1 o'clock.
The morning session was at
tended by the senior class of the
High school, who spent some
time in the court room listening
to the testimony of the different
witnesses.
The prisoner has, .since his
confinement in the county jail,
grown a heard of considerable
size of a dark reddish hue, and
this, with his long hair, makes
his apeparance much older than
he really is. He has appeared
unemontional during the course
of the trial and has not betrayed
by a sign any feeling as the story
of the affair as has been told on
the witness stand.
an inch wide, which penetrated
into the intestine. As to the
cause of death he thought either
the wound in the lung or the one
in the intestines could have
caused death, as the chances of
the patient were very slight for
recovery. On cross-examination
he was asked if the patient had
died on the operating table and
stated he had.
Dr. II. Hollister was next call
ed to the stand to offer his testi
mnn in the case. He stated he
was a graduate of the Harvard
Medical school and had practiced
a number of years in the hos
pital in Omaha. The patient.
when placed on the operatin
table, was suffering from a very
severe case of peritonitis, and as
it was a case of last resort the
wound in the abdomen had been
enlarged and exploration made of
the intestines for the wound in
flicted by the knife, but without
success, but they had found a
considerable amount of puss and
blood throughout the interior of
the bowels, but went as far as
they could without disembowling
the man, Richardson, and then
sewed him up, when he collapsed
and died. Mr. Tidd asked him if
the man died on the operating
table and he stated he did.
Dr. Edward Kline, one of the
home doctors at the hospital.
stated he did not know any of
the points of the operation, as
he merely administered the ether
to the patient before the opera
tion was started. He said Rich
ardson took the ether in good
shape, and to the question of
Mr. Tidd replied that Richardson
had died on lhe operating table.
Dr. J. B. Hungate was recalled
to the witness stand by the de
fence for cross-examination and
was questioned as to what he
found on the beds in the bunk
cars. He stated he found Rich
ardson lying on the west bed and
on the east bed there was the im
pression as if the head of some
one had been lying there, and
'quite a large amount of blood.
He had taken the clothing os of
Richardson. The attorney for
the defense then asked the wit
ness as to any conversation he
had with Richardson, but the
county attorney's objection was
sustained by the court, as the
question was not put in the
proper manner. The witness was
then asked what he had said
when told by the doctor of his
From 'Wednesday' Dal!r.
lhe Joseph Roe murder trial
was resumed yesterday afternoon
at 1:30, with the defendant still
1-17 . I . - I I A 1 . a .
conamori, ana ne assea noe wny on me siana ana undergoing a
he had stuck the knife into his cross-examination from the
abdomen, and Roe had replied, county attorney, but there was
'Why did you beat me up?" The
patient was in a state of shock
when the doctor arrived and he
thought he had been in a state
of intoxication; these questions
were objected to by the state,
but the court overruled them. In
reply to the question as to
whether he thought Richardson
was addicted to the use of
narcotics of any kind, he stated
he thought he was. On re-direct
examination he was asked by Mr.
Taylor if he had not made the I
not a great deal of additional
light shed on his previous testi
mony.
He was followed by Dr. J. S.
what they were doing. He was
cross-examined by the county at
torney as to whether or not the
amount of liquor drank would
interfere with the formation of
a deliberate intention, and he
stated it would not.
A. I,. Tidd, the attorney for
the defense, then took the stand
and testified as to the finding of
the bottle that had contained
part of tlie liquor, and identified
it before the jury.
He was fid lowed by Herman
Stoll, who resides near the scene
of the trouble, and who was
questioned by the slalo. He
stated he was at the bunk car on
the morning of the -5Hh of No-
ember and he identified 1 li
prisoner as one of the parties
present at that time, and t li ut
Richardson was also there; that
Roe, addressing Richard. on.
said: "Don't say nothing; you
will be all right." The defence
moved to have this stricken from
the testimony, but was overruled
by Judge Begley.
Sheriff Quinion was then call
ed to the stand and asked if he
had used any threats or promises
to secure the prisoner to make
anv statements m regard to the
matter from the lime he was
placed under arrest until on trial,
and he stated he had not. He
was also asked as to the appear
ance of the prisoner at the time
he was brought here and whether
the wounds from which he was
suffering on his face and head
were severe or not, and he re
plied that he noticed the eye of
the prisoner was opened, though
there seemed to be a clot of blood
formed on the eyelid of the
prisoner from what seemed lo be
a small scratch or ragged gash
over the lert eye. Jle state. i me
prisoner had not washed oil the
blood until the wound was en
tirely healed up. The attorney
for the defense brought the
prisoner before the witness and
jury to show them the scar made.
it is claimed, by the injury he re
ceived in his fight with Richard
son. Mr. Tidd asked the sheriff
if he had washed the wound out
or looked after it in anv way, and
he replied he had not, as there
was plenty of water in the jail
where Roe could have washed the
injury.
Deputy Sheriff Manspeaker was
called to the stand and bore on!
the statement of the sheriff as to
the condition of the man's eye.
Following the close of the
testimony the stale and defense
both rested and an adjournment
of a few minutes was taken be
fore the closing arguments of
the attorneys were made to lhe
ju ry.
County Attorney Taylor sum
med up the evidence for I in
state, pointing out the different
testimonies as given by the wit
nesses, both lor the state and
defense, and he made a strong
argument for the finding of
a verdict or guilty of murder in
the first degree, as charged in
the information, and attacked tin
testimony or the ueleiHiaul as
having been colored In aid hi
case, as the stakes for which li
fought were as great as it
possible to be.
Attorney J idd. in his opening
argument to the jury, pointed onl
the testimony of Oscar Olander
and gave that young- mnn a
severe grueling for the state
ments he had made, and pointed
out the fact that all the wit
nesses, without almost any ex
ceptions, had testified that tin
murdered man and the prisonei
were warm friends up lo the tim
of the quarrel.
The arguments of the atorney
occupied the space of several
hours, and the judce then de
livered to the jury his instruc
tions as to the law covering tin
case and the action that should
be taken bv them
The case was ubinitted to the
jury last evening at about 8
o'clock, and the members re
tired to the jury room to weigh
the question of the evidence in
their mind, and at ll::m notified
the court that they had agreed on
a verdict. Judge Bepley was
notified, as well as the other
court officials and the prisoner.
Joseph Roe, and they assembled
at the court room to hear the
verdict read by District Clerk
Robertson.
The decision at. which the
members of the jury had arrived
was that the prisoner was guilty
followed with great interest by
the public and the state s interest
has been looked alter in a very
able manner by County Attorney
C. 11. Taylor, while Attorney Tidd
done his utmost for his client to
secure his acquittal.
The crime, as ?hovn by the
evidence, was a vtr vicious one,
and although the prisoner was
under tin influence of liquor at
the time the crime was commit
ted, it was dearly shown that he
was aroused to a nun !e rage
and stabbed to death his former
friend and Companion, olenn
Riehardson.
The defen-e will make a mo
tion for a new trial in the ea-e.
OF THE SEVENTIETH
ANNIVERSARY OF SISTER
red
n a
her
-hi li
- i
t ho
From Tues.!ay' luily.
Yesterday afterj n Mrs.
15. Kgenberger entertained
niot. charming manner a
home in honor of the seenP
birthday annier.-aiv of her
ter. Miss Hermie Rotter, an
ocea-ion was one or much pleas
ure io trie young nones who as
sembled at the hopifahle f.in
berger home to lake part in the
pleasures of the day, and Miss
Hermie was treated p, a most
complete surprise from hr
lricnds. Various amusements
ered to jiass the time most de
lis lit fully until an appropriate
a delicious three-
Public Sale
The u lidel : ned V. 1 1 1 s -! I at
Public Auetiou. at his h me.
miles noithwe t of iurra.
miles southwest of Mnard. and
1 i llilies southwest of Pll'lr-
inouth on
WEDNESDAY, JANUARY 14th,
commencing promptu at l
o'clock a. m.. the to.iwn.- d -M
fitied property low iL:
SO-Acre Farm.
I am leaing this part of the
country, and ewrvthiiig on ttn.s
bill will positive! be s,.i,i i, , t,..
highest ludder Iheie will lie no
by-t.iddin--. C.eii MY I'AllM n'
so a::u:s will i.e .sold i
Inchest .!d.J..r.
IS Head of Horses.
One stallion. 7 v.'i!
weight l.roo.
One ld.uk mare, . ears
.ith foal, weight l.ioo.
One gelding.
Fie -,n.i mares. ;:! with
e-r
.a
Children Cry for Fletcher's
ti
d.
f.u!
hour,
uirse
added
ea ion
Those
were :
Anna Kopia. M ari
Mable Drown, Mamie :
Heat liermton. I. aura
Hermie Rotter and
when
luncheon was served
rreatlv in making th
a mo
pl esen t
that
i .(
pleasant one.
for the surprise
ee K,
Sol. i.ia,
'peck. Ruth
Meis i'lL'ef.
Mrs. Kgen
berger and I wo daughters.
Beautiful Shetland Ponies
for sale at all times, for the next
100 years, unless I die in the
meantime. I have now an extra
fine stallion, trie nest in the state,
for sale. Well broke for both
harness and saddle.
Vm. Gilmour,
Plattsmouth, Neb.
R. F. D. No. 1.
weight ranging- Mom '.mo j,. i.i.m
1
ope t, ear, tw.i i -ar-.
1 g years, one 1 j year-.
Tea coit, eariin-s. to com
ing o-yenr-oids.
23 Head of Cattle.
SiX le-jsteled I I I fop I
bulls. cows and I h. -if, .-.
4:i
The Kind Yu II.uc Alw.n Ilonht. ar.I ttl
in
s
ov r lut
I
our
milk
Ci '.V'
f. h. J
fresh soon.
'fen head of year lim.'-.
35 Head of Stock Hogs.
IV head of shoats.
i i head of fa'.l pi--- a;:. I 2
brood .s,,ws.
Six d en Rhode Island Re. J
chickens.
About six tons of prairie hav.
and some timothy and c! .e;-
nay.
Farm Implements and Machinery.
One ridimr li-ter.
walkinir lisl.-r.
l!a.-'er cultial ?.
Z:i!iesiUe walking ruili-
U h.-i Urn
J ir., in L-r tl i:.-Ti-if 'irf f
iir:! bit lfn in..!.- nr. r to p-r-?-n:I
P I?"T1 1 iin e iU ki.'.iiK T.
V, ' s- AIo" ?! !!! (!-, t J o in t!l
All "hti! r k '. . iiui' ili.i'n.'iii.J i m I " ;t r fut
Up i nr s t ! .s i r : . ! v i t U u rii.l m-'i r I !. !t 1 r.f
Jiii.M.ts ::el C LII.!r i. rn n-? i4.4iiit 1 v - r -t;"'T1T
Whst is CAST ORIA
C.Ktnri.i l n bar T.. vr. I.s i r:! f f.r C'.-t,,r" Oil. P.ir
jTorle. !-; 'hilt:: .r-ifs. it i- j 'e:,.nr. It
cunt. :!!! luit'er Opium, M . l,nm nr e.'i r .Vi .t..;
-n'iti:itn-fm I it ;:... r.i. :. 1 1 !-:roT m
mwl ;!!.; l"T'st:ri ss. I Vr :nnrr Coii Xi.irfj ,urit
I1.1-4 Ihm ii In oisf 1. fi r t!i r ( f 1 t i ;.ttin,
l"l.itul'i-y, A'v nut 4 'e. '1 t iir? TruU!ri ari
JLirrhta. It r.:ril ' i'.f- M.'i:i,w!i nn-I li.
jiiiisi!.it I'ihuI, ti ir. li:;lf !-y nn-I ru iral
The CliilJrcii J'ui.a u i .c 2wtLvr' l'zn.ul
GENUINE CASTOR I A ALWAYS
4T
The Kind Yea Hays Always BougM
in Use For Over 30 Years
i Hie
!ie
(lie
ator.
One
One
One
( 111"
One
NOTICE!
KECP
AT
YOUR MONEY
HOIVSE.
Common Sense Counts as
Much in Waking a Town
as Anything Else.
WESTERN MACHINE AMD
FOUNDRY CO.
of Plattsmouth, Nebraska,
Fourth and Pearl Streets,
(i'ormerly f.hopj,. Oasoline
1'npine (;...'
dicil a I ion of our
wen
Livingston, who was called by of murder in the second degree,
the defense to testify as to the
effect of the amount of whisky
alleged to have been cousumed by
the men on their action. The
question was thoroughly argued
by the counsel and the witness
answered by stating that he
would have to presume that each
man had drank an equal share!
which means a sentence in the
penitentiary of from ten years to
life, and as the verdict was read
Roe, for the first time during the
trial, seemed to feel the weight
of the crime for which he will
shortly he compelled to undergo
punishment.
The case throughout has been
At the
friends we have taken oer v
the above works with a iew
of expanding the business
along conservative lines.
We shall continue to
I- manufacture the patent
Oasoline Engine heretofore ,
i made in these works, for the
-I- reason that in priuriple il
is the best gasoline engine
thai we know of: the name
l- of this engine will be
J changed, also the name of
j the concern as per .above.
J Our aim shall be to em-
I idoy only compel en I men; l-
J these we shall introduce as ;
fast as the business war
J rants, and may from "lime
I- lo time draw on our Omaha
J shop for such special help
i as may bo required until the v
J- volume of work slu'Il justify -I
J their permanent residence .t
in I'laUsmouth. i
The foundry and machine v
4 shop will be at the service v
J and accommodation t the v
J community and render any -
I assistance in machinery re- -'-
pairs or equipment that
i may be wanted. In addi-J-
tion to our regular work we -l--
will undertake to ovuihaul
I- and rebuild automobiles, or !
I attend to repairs pertain-
2- ing to machinery in gen-
oral; build special machin-
ery when required from
customers nvn ideas and
J plans, and. in general, fur- s
nish such service as may be
expected from any first- -I-J
class machine shop.
l We also net as purchas- J
2 ing agents for any kind of
machinery and supplies.
and can furnish same on
Z- short, nrdice. I
WESTERN MACHINE AND
FOUNDRY CO.
of Plattsmouth, Heb.
. Platts. 'Phone 262.
A- Omaha 'Phone D-5827. it
Za:iesil!.. eorn planter.
leiai:ce si;!k plow.
Sit. .MiMloMiuek bind'-r.
"e-ft. Mr.orin n-k l:ioer.
Peter Silliettie:- .,-..n.
Hay rark and wa.m o.ii L;:i d.
die Sniil h waon.
Waterloo l.oy gas en.:;: ai.d
pump jaek.
One ".Ii:in windmill. Co-foot
Jti'nbo tower.
IWit .s-el water loek tariks.
:ie w den t ank.
lMe IieVv btl-. tlllee old ol'ej.
Two di-e li;in'nw,
iI.ih Henry Iiloii In, saw.
Juliet C-hole s!. 'eV.
estone l-llol- she'ier.
Hie '-seet ion h.irrow.
i"oi:r set ,,f work harne-.
Mie IWW sp.Mle.
There will i.e a sr'-.t! many
articles ..iTered f..r s,,!e i 1 1 .
are unable to im-nl inn ai d we
wih to iiiip: upon . ";" nu; d
lllitt eerthii: ll'ted W.il pos.
itively he ,.!,!. as I am !-:ai!u'
the country.
Lunch Will Be Served ft Noon!
All -uios
ash in ha:
TERiWS OF SALE:
sjo.oo and under.
all sums oer n'"". a
one ar will be iei pv
i;ivin-r nood bankable
beirinir s pep cent inter
properly Illlll be settle, J
fore beimr ren;oed fi
premises.
T. L, AMICK.
Win. R. Young,
Tom Cromwell.
And ioneer.
T. M. I'attei-son. CN-rk.
r
id:
:-.!,( , r
r baser
I -P-f.
:o- I::-...;;-
:.e !i .
(i e p : .;
i ... y, r . .
V .! ', ;
Mo- f . .1 e I . ,
M e , ,'. (,.;,:... ; -h ... -M
... . . . -.
m .. ; . .'. . ;. . ! . : .;.
m : f, . , , .
m e !.. ... ; . . j. .-
ne! ; ....
M: .o . ;.
- 'a - s .... - .;
e i ; i . .- , .; ,
biu-d
i ;... Co.!....:.. : . .
'.in.
' - . . - I .--
-ri:;.,'er.
k ' r ,i
M e ii-.l; e.
Ta.i . - f o ; i i ' . ...
O.ie -; r '.
A- d t : i . .
I- t . '.
Trrms 3ic:
, ..r r . .... - : . - - .
;',s , ; ..; .
of s ! o :, .1 , . . p , i .. .
- I b !.-!.- "
per ee: V -
!; !. .!-;. '; .. :
I- ,!!. -.j f,,- i . .. . . .
n io !.
v. ;: i ... . :
o-. loek 'ol-p.
Ian ! s . i"
III.' ! - f - '
!:.-a;!!i. a ! '. ! .
i'AIOOiV OF THE LITE
W. J. O'EHIEIi GETS G'iE-
ilHD OF ESTATE
J . I
For Sat.
e .
-t.
for
Mil
d
I"-
til-
Public Auction
th
r:
'7
th- hi!:. -?!.;
ii.
wv. i:
n. n i.u.
AUCTIONEER
i
ve wa
tli.': d-it. rcn
r ir..'..rrri
V;
lr r..i.V
The undersigned will sell at
Public Auction, at his home. ix
miles west and one mile miili of
Mynard. .six miles ea-t and three
miles soul h of I.oui. i
1 of th- old Kra
on
JANUARY
described
a ;
16th,
property.
- old.
one miles w.
home place,
FRIDAY,
lhe foilowin:
towit :
One horse comin-- V
weight ieii.
One pay booe coming to . ar
old. weight l,ir,o.
One black hors. s, ,it
nn.uth. weii-ht I.ir.o.
One bay mare comin-' '.
o,l. weight
One sorrel horse comi.ir
years old, weight l.:no.
One driving team. S
years '-Id. weight '.ooo.
Three good milk cows.
One y ai ling- heif. r.
One yearling1 sJ.-. r.
Twelve hogs.
Two farm wagon.
One top carriage.
spring' wagon.
Deerinir binder.
Champion niower.
t K
t-r.i. !::.-.
Yet.r:'.
mar.et: !
rnon! h.
day or
o;i; .
e of t!.
-.r ;.
y ...
TV.h?.
Ma:
r.
K '.
Y.
- .t .
a
v..
i ' ' - -
.- d
DDL.
lie V.
viiti.
num
C.reful Atrfr.ri.-n rn :
Pates ere
Organized Agriculture
At Lincoln, Nebraska
JANUARY 10th lo 23rd
This will I or.e (( tb ni''-: ;r.5n.rtivr crriV
the West. D?ides ti e coner.:i :is of the twfr.ry-. :.
vill le the Appl SI oa. th" G m Show. v;
y. ars i picture shows anI fl.i!,:!s.
ArncnJ thc.ce or inizati' ns arr
Z- t v
s
an! 'j
One
One
One
One
truck.
One
v, "-W.
with
hav rack, new.
Emerson hay rake
d
Sta LI?! S'a:k lr;r;urs' li:o:li::r.
Stat! H;rti::!':r2i Si:.:!tf
Ustrzska Hcrse E:2!iirs' l::::::!i:3
Stats Ciiryisn's A:s::i2,.:3
Stats Swiss B:e!i:r5's s:::ii'':3
C:m Is;r:Tr;' ii:z:v.:i
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