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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (Nov. 19, 1914)
THURSDAY, NOVEMBER 19, 1911. PAGE 2. P L ATTSM O U T 1 1 SOU-WEEKLY JOURNAL. THE BURR MURDER G&SE yp ar.d was refused and Barr kicked and hit him. The witness then related ......hi:. getting onto the wan and pasii- U STR HIT h i II ir.ir Ban- out, as was developed in the i ,i t direct testimony. He was turning near where the water works now stand down to the business part of the city, where it was sold. Chnnrel w; as about 100 ftet from -where the J t inu' d I i "ii 1'a-r 1 . he could not hear and Mr. Neuman lad told him of Bar; having called him a name and su.ted that he could not take him, as he was the better man of the two. There was con-sidi-iai 'e areuniei.t between the wk-1,0.-.- and the atton.ey for the defence ver the an-'.vtr t oue.-tions put to Mr. Rainey during the preliminary ...-. i:v of t case. a:vl .iui iritr Uie-e tions the (M'Jil several tea ;. the wagon in' which they had driven to that point around when he heard Fen call as to Hair having the re- tracks of the 1 lurlingcon now run. There was some nineteen feet of wa ter at the-landing at the foot of Main street in ISX7. It was some 'J00 feet started lo run to where I from the center of tracks to the center oiver. an i they were, some H0 feel away, and was within ten or twehe feet when th-. shot was tired. He did not know that Rainey desired to arrest Barr for ehtkig. but thought they were after J..!m Richardson. He had gone back to the side Barr had of young Bunker after the gun to learn dropped 1. 1 airam-; lions rai.-ed i thc-e . as on l-erg ma nr. ah Mr ht- ". ;is, vhiie : . he ha.' : i :,i t-r :ly u:.d.-i i ire i. .L---:i ;o i!.. pt-ac;o- t!ie .lenrise y the .-late, the question on 'how lad ihe man wa ; hurt. He hurl liiiic-s , - -'..!so nir.o,! Ihi i-.;n of Chief Rainev t.oiec- , - One of :.!" Barr ; tiie iu::uer.i-o of l'::uor. R-iir.ev state ! he thought t e p: elimmai y near- ; i.'u he was not ap tke ir, '". aer.co of liquor. . of the statement as ! t.. diavior of the de- ft , .';.r.t ; idtrahle variance was : the toa-stic-n as to any .,--o-tr....' ic between himself and Batr. the i hut' .-ated that he hail ar-rt-tt ! rim so me two years ago and tlr.it he had oui'ht -, iieiiiir taken to : -ii!. 'H i- t'Vi'tv for tlie defease u out of the spring wagon of Barr r v hen he pushed him out, and after the two men had quit fighting he had ri turned the gun to him and did not see it until he saw it hi the hands of F.arr at the time they were struggl ing for it. W. E. Standeven of Omaha, who h;t heeu ensraued in some ei.cineer- V4 umk for the :ty at different of the river at this time. Where the ba-e hall park now stands was east of the then channel of ihe river. The river is now about a mile east of where it then ran. On cross-examination Mr. Edc?rton suited that after the niacins of the .riprap a'lonff the That? the w;Ur rec-'.'e.l rapidly, hut there were mal! channels on this si ie of the bank of the river, which was much broad. 'v than formerly. Dr. ,1. S. Livinirston. called for the defen.-e, staled that Chief Ilainey had asked him to examine his face o.i the afternoon of June l!4th, and he found no abrasion .there. lie had just riaaced at the place where the injury hail been supposed to be. Dr. E. W. Cook te-tiiied as to hav- rpe'-.-.-d t: ;i C!V ii .!!: t- t i.t l ,t-t '. it !:' e th.. !. - limes, v.;. - eallei! to the stand by the s::tie to testify as to the situation of the land on the river bottom in re u'ard to the contention as to the land beinr locaiel in Nebraska, and point ed out the oi itrir.al lines of the river. The state called Roy Holly, who tx!y ! visited the emtnmsr tore ot William Tl. .iofflno ! Ii.-.!'v ..ii tViM nrir.nir.nn t.f .Inr.e l?-t'.h ! t l. ... l . t : c e:;eo ine !e ;!'.' to the I'.iseUS-jioli of l .1... V.-.,l ,,,.' .. t- ihrf IV-i-nov hMviil" - "v c-ho'lhamJ notes taken taive Mr. I'ar into c vea ' '' : ;!; :o---examination of for the purpose of washinjr his hands. :i-.d ::. Tavlr.r for thv and at that time he nad been .-nowu ir. d Taylor r.:e.-ti ne 1 the th.e .;:s!tio;i of w itness ia b uise on ihe forehead of Rainey, the two J a - as some b!od or. the side of the shut was tired his face, that :'. ! i r had ex. laim-j Ed'.var.i Doout wa ca.lled by . !Y. -hi-t that mar.." af-j,;ie A '.cv C.erir.rr. the j ..r.,:, upied by Hair and htm-!: and .'.etailed the trouble in . ul:ich ju-eceded the nh.ottir.fr n the bottoms ai d of his hav- r seat for Rainey to arrest injr examined the neck of decree Uarr at the oince of Attoi iiv-y Gerinrr n June JTth and found a sliuht swelling on the .-ide of the r.eek. !iss May Murphy was called to the ?tnr.d to identify the transcript of the testimony hi the preliminary hearing1 of the ease which was made from t-y her. J. V. Fa-re and V. II. Steimher stand and te- tilicd as to the reputation and conduct of the defendant in the t ity. Jthn Richardson was sworn ar. l te'-tified that he had lived alonpr the v,c, 1 31?-souri river siil his liiet:me, prac i . ! tk a'iv. and had been crtratrcd in vovki:ic aionir the river lishinj." ,:lit e! ' i 1 the shooting. II had t'-cp. held sor.io '.nee and that I'arr c I Ilkhar.Non. an i! the stateme: Tloyd .ts he had made at that time to Rainey. 11? stated that k'ai r had not been drunk i h.-i o-.--ea""" f.-a I ! om ti ():,;.! 1 :-:i. .!-;- t . '. Ch t : . He e , jn t he f'.eif.oon s he knew. f the shoot in tr a- tttiatimr. ia.; a r t i- ::ll ; o I J'ou-.e a!tv t :t e ;e was pu y Xeurr.an. ..irect exani-.Vin-! his havinir be J-jne 24th. a j.amey c n: to t ir; a n::. He h . i:; :: ! hev mot i er.d. f the si'b-' t ii'i :i e-y rv.'r'i i the o-.e in v hieh ! I testify the en rdi'T i ' ' tliat i . Sr.. o I ! Vi'.. .H-ii ,:.t ' also te.-tir.ct or. i 1;, ,r 1arr ,,: vi:uri The defeie was opened with the of witnesses to the stand to i - to the, status of the land on river bettom ea-t of the P.uriintr- i : : !rh:-of-vuy. where the .-aotiiiir d:er tc-urre !. County Ue:istr of Deed; A. J. !cr was called o hlentify certain :ds of his of ice W'nnjr the . - . . C . 1. . ..- 1 . I ,v. f ti.e river at an eaily ;iay. .lohn McT:M.iel te?tilirl a vii'.tr ot tne outre ot tr.e rive tlvrer.t ttntes ws'ji.n his recoitec- . i I ,. . i"'n :;v: 1 1 r n-. hK i-'rx-r'eves as :i ' 1 the s?r: of the wr.rron. foi'oVed c'"Si; , wav to the river. w.-'-e ;-oinr over tre J t a -' of h.- ball pa aro !!!! a i cane nd!,)01 re-ined on ine east sioe of the river in his boyhood. The chane.es in the channel of the river ha I been rapid ind sudden from D'S 1 to !t' :'.. He had iirst ynur.ir Pf.i'.-er at the ferry about 11 a. m. June 21th. He had not. seen Uarr be fore that day. Uarr was in company jretl.er. He did not remember just what was drroik by die party on the t'ay of the shoo Lin jr. The witness and Geo;. ire Uarr had been partners in the fishing1 business at one time and were ;jood friends since the time the wit ness had known the defendant. Do nat had told them to pet out of the saloon. D u- in'r the time that the wit ness and Barfwere partners they had made a trip up the river as far as Herman, Neb., where Barr was taken sick and came home. This was on a fhhir.o: trip, lie stated the face of Rainey appeared flushed as lie cams into jjie saloon. The court sustained the objection of the state to a num ber of the questions put by Gering: on re-dir"ct examination. Floyd Richardson .vas then placed on the stand and stated that he and Bair were pardaers in lishir.fr and that they had caught a bit tish the day before the shootinir ami had tele phoned to O'Brien at the state fish eries, stated that he could come down in the mornine:. He and Barr had met youri'.r Bunker at the depot and ac companied him to the river, where they had viewed the fish and he had then tame back up with, his father. !. air's shirt s!.ces were rolled up on the day of the shoo.imr. Had jrone into Donat's wuh Barr in the after noon. The story of the trouble there as detailed by John Richardson on the stand. The porter had told him that they would have to fro outside to O.vrht. The porter in the saloon had then rratbed him a they went out. Told of the porter and John Itichard soo fallinjr on lloor. He had came bar!: after 'romcr as far as the subway with his father and asked for a drink ' d had been refused. He had then -woe and had some words with the r. He detailed he story as told the preliminary hcariinr of havimr 1A2 in his pocket and the attempt of Rainey to count and could only ?ror 'tl.02. Barr had been brought over bit PZE322J with Brnker. up town with wu.'T. bcior.e;; a sore fo"t witness had come Th hi c-. F:oyd. in tk.e!;v ,.to r.Z to Fluyd, as he had i i'irux-j to jail wniie ne .vas tnere. Jie !-ad exam-ncd the shirt of Barr and feu. id it torn and a lump on the left do of his head. Had rot heard" any e"r.' ersati." between. Barr and Coun ty Tavlor. lie was then t th? time and ;rot Floyd j to h-.'.v him up to the tity. They ha.! :?:.- he Use c:-y ahead o, Harr. Hunk er and th ? n;en witli thc-m and h-d n:el them :u;i" Get.-rs sr.loon, wh'-n ohto:u stv-Te-ted thev ro in and tret ! Buid.rr had said he over to the state for cross-cx- nir.a'ion ai d was on the stand when e noon recess was taken. HDD i H You men who live out from town several miles, do considerable driving, you appreciate the comfort that comes with wearing a fur overcoat. Two years ago we sold out every fur coat we had, and promised ourselves, that we would never again handle these garments. We arrived at this conclusion because we could not afford to take the risk of having to carry them over trom one season to another. The Filmer Fur Manufacturing Go., makers of the Walk E-Z a patented fur coat, made a proposition to us this fall of sending one dozen coats, which if we do not sell by a certain date, we can return to them. This way of handling goods manes it possible to sell you a fur coat at a much lower price than if we had to take the chance that we would necessarily have to take if we carried them in stock. You can buy a $22 Cub Bear fur coat here now for $18.00. Mind you this coat is made with the patented Walk E-Z feature, that you can get on no other coat. You can buy a $30 (semi-curly) Algoa Astrachan for $25, and a $40.00 fvery curly ) high grade Algoa Astrachan the best coat we have for $32.50. Come in and see these coats in the next week or ten days, as they will either be sold or returned in a limited time. Manhattan Shirts Stetson Hats ifter the fish. . 1 .-in- Il.-rrj" t ,rck of ! at iii... m ik-. to the ! hi"- on it at diffc -rent times. He lv behind j de crii.e d the river -?s iunr.i:vr close . 1 T , 1 . . . ... . . I 1 - . 1.0 ii.? 2vji iii.i oa uv.cas jor a jrr?:. ;r.a:r- years anri us rraouai cnanxin? t'. u-i- l.-id ! of it coarse astwar.l until its f.res- Rainev a ' -;:l Wl : an :M i i:i the 1 ii ey r - but Wf Uld VT't naa ter. cioss- . a t er to aired t r and Pi'd.ai sti eet to r. i.-ool h:. hi i cort-'jair.o.- wer.t trev salooii an l"w minutes had 'rone The care of the State of Nebraska vs. Geoi ;re Barr was. brought to a close yesterday afternoon at -1 o'clock when the Irst witness-".-; or th.e. de fense were heard and the attorneys rommc -r.;.od their arumenis before the jury. The op'::i' ;r of the e.fteinoon ses- ike.o up with the tinishii p: down to ro then vrone to h."enoei irer s s".Lre try and purchase some ice and Mr. Eprenberp-er tohl them to tro to Bay lor's office, as lie did not care to open his ice house for such a small amount of ice as they wanted to pack the tish in. They had then driven to the oiiite of Mr. Baylor, who was absent, and then started for the river. They had met Bunker near the office of C. They had of his mouth. In reply to the qties- of his attorney, Mr. Ban- stated ome four vears aro with his sister, in which he stated he had slapped her for calling his wife names. He aiso stated he had to tiom 1 1111 some trouble ne nau "IHE W0HDERIN6 BOY" AND "PRODIGAL-SON" AT CHRIS TIAN CHUTCH LAST NIGHT been arrested by Joe Fitzgerald some ! years ago. but that the charge had j been withdrawn by the ofTicer. He j had no uifoculty with Ben Rainey. i At the Christian church last even On cross-examination Mr. Barr was j inr the subject was, ' The Wandering nuestioned bv Attornev Tavlor for Bov." and the lesson of "The Prndip-:il W. Baylo-- and he hud gotten into the ' , , . , ua v,a,i ! r,r.- t..L- ;..n i.;i.i been placed under arrest. He stated j discourse, which showed the danger he had never resisted arrest. In tie-; which lies in a boy getting a wav i!ihi ti;c ",in" i;; , sion v a ..ili nun.iii .-'i'l - r il.l tt- I 1 oi ine icstm'onv o r;oyu ivicjiai n.ion to dinner, and c'rarre east''ard ur.til i; Lati :, liad been raehe 1. v itne. s e:-.n:e to th. uoon of Wil -1 on cross-examii-.ation. and following .am. r a". ii.i .?: t!.:i r... Raint y i?ri' i . a- 1 that he -vas a better j ,','V a-- i that he could i ' He H.ad toi l Rainey ri .t :i'vl fniicd to Low in. ll ne ul.!, V.:- i t r.arr to get (!:!i r T'rari; Neuman was '-eralle l y the defense and questioned as to -'i i-iinvpi i:!! -. no h.m he! ! jit-nr tflf ir il or the afternoon of thj shooting, h.-i'l "tr-.ted liam liin.ich-er. whrrt his in .i.;; t ;1 i not VT !i.- i r.-i.r"i: oi :if l'-. Cfr'i s'.' : . The witness had then he dressed ieh n '.r d rr he i i is under n: . .1 l-o rr lie v i-. i n i ;;:: to tov . and that y. out -t v. !: i.e ilio not see. j i .ifTf-ii Tii on the wuvjA ' ''iig Willi ;,:.d i."-hel Ikirr out onto the ! him up. !. wi.-.-e and i had kicked j :iv: o -James ilg- B?rr had si- t at him and :-v and this he denied, as well its ig mr.de the statement that Barr 1 oh Rair.ey tha. he would go him if he did not beat c. t ne a ;.!;: 1 !- v,l eff o 1 1 his th.e testirm nv of .Miss Irma Col- vert was oti'ered as to the appearance I of the clothes of Mr. Barr after th-?y had been brought home. W. R. Bgen- Ki,.vL n nil 7 I ir 1 1 Cnnr. t- i r to ine -a'oon of I.d Donat, where ... . . ... , ! tostidn.) in !(-..- '.o.-.i t-v.n t :i t 'Oil nf i 1 ot-tht a drink for all in the I " , ' - i. 'his wa ; aliO'it 1 o clock. , .... - . , . . , . . The principal witness of the ue- i.-.d-iid.-co hud com n and . - , , . , . Menre vas the defendant. George . I to rr v ami lest ins .sTreniriu wagon that was uriven iy Auteii Low. In iep!y to questions he stated that there was no swelling on his neck or bruises at this time. He had saw Rainey as they drove through the subway and he had asked, some forty feet east of ihe subway, as to where John Richardson was. and the wit ness had told him that he had gone i tailing his actions on the day of the l from the influence of home and the shooting, Barr stated he came up town about 11 o'clock and had stopped at the Goos saloon with Bunker and his companions and they had a beer theie, also two later at E:enberger's His story on cross-examination as to with his father by pulling fingers, and this -hey tkne. I'ioyd won. John si .liar; no the drinhs. Floyd and Barr had then fied th? stunt with the result ihat Barr won out. Uarr ii .d i . i i - .ii ; iii- h'.ii sTjxe i oac with Barr an'l Ra ney v ith t"r. pror.tiso 'f Barr that he would go a I ' itrht and not irr.ke further trouble ile had s;.. tn'ii it a:o n P.ail tussle;!. I .-m:.-ii i.o... ir:? jiiti'i !;..; iii'M i ; . t;. t".: i..:..: 1- l :.. t. l .. iy.A : HI.r.V I-"- I. ill .-." il'lll V.tlVlHl III ! Jlllill '.V H l!il I l Is'. Ill, u!) 1 ne rt;ai! I v . is 1 wltich to t:y the who had Witness, refured. Barr, who made a very clear state ment of his sid. of the case and in ;Ietibi:ig the event- leading up to and including the shooting on the river bottom. He detailed the fact, of his coming to the city shortly before noon on the 24th of June in company with to the river. The chief of police L. i1?intlt,1:licrc t iha ;..in ff, tup r;VPr stated he wanted Richardson and the,,)ottom were aJ)0at as on Uj.ect ex. witness, too. lie had told h.m you j amination. He sUted Rainey had can eet all of us. but he wanted to go f M sorr.ething about going back to after the fish, r.s it was nearly train Lown whcn they were struggling after time, ami K-uney nan toui mm to go he wag pushcd out of the Vagon. He had been hit several times by Rainey. ahead, but not to be too smart about it. There had been nothing further said, the witness statexl. as they drove along until after passing the small bridge east of the ball grounds he had remarked to Bunker that the old tkate could travel as fart as their livery team, meaning the horse driven by Rainey. He denied having called Rainey a name and Barr was ridii r on the afler- j but eot Ross Collins to take his plat e, r'.on of the shooting, was placed on '.!. .-tand at the sess'on of the court u-, i :..-k i. the wac-on tol'h.ir, morrthvr a-- the last witness for rd. when Bunker, getting the ."'.ate. He testified as to the cir- r,t of their wirn-r.. asktd him to go ! c-tm -t ances urrounding the trip to 'vitl. him to ti e liver to yet the fish ! the river 1 o'iom. He had been en- V;, a,, i -;i j :t;;.:'.t. l after, and that I gaged .villi the horse and did not hear tl... v.itne--- H-d repi:;d that he couida-y conversation between the parties. h - would have to sect'e the ! Had heard Barr ami Kamey ouarrel- i t mis.-ioi: o. tn.'. ciiifi. time heard Rair.ey call out. "He's j cross-er-anvmitjon iv "w..." and st. a: ted to the r.Iac-e mg Low sta.ted th he e the t.- r.en. Barr and Rainev. Barr swt-ar at Rainey. ,.; ,. st ; i; rebr.g for the weapon, j ting n i . then -::-' htly east o! nor see and behind him. He had saw saw Ne He had a' - 1 - T. - . ..A 1 aoo'Jt i mg nen ine varon wjis siopjic.i. tn hv Attornev fer- l.e h.ad not heard. r i.ai.;.( Net- nr. i Be.; w:'h lie handle oi the guu in his , wagon -h'H rear the knee of Rair.c at ile ha. -.:ce : v i n in thi tin : e was s't- a box at the time. He did Rainey grab Barr, but had man push him out of the Hjd saw Rainey draw gi n he was at the wazon. The he was driving was rather and Barr v on. ed a game of t ith his i ; SO .lt-. ? sh'-' t in . . i ie roai i no. a 1 slight!;- to the east and rtvt:v arai he did not pay much atten- a.n ui; after th'. Barr to drop '.-. i had ; d told 1 1 in o the men. The. men, Barr and i Rainey, had started north after Barr gun l hat he r.ati in his nai .l. ami Vv got cut or toe wiion. uarr ami .'i'l -o, cxidaimn-g. "My (h d. I tiid not j Rainey were the o.dy two tjuarreling. hat." Barr had then started o!f ! He had saw Bunker v.hen he leil alter noi'h a bv Raii;e d had bt-a;the while the '.e tov.. Mil 111' li-'oLght b;: wi'ress h.d Burfe" v.t s e- amination had told I'a -h at the .-r.bway if he did not gl too fierh. The team of Barr was .one bath to ee ht;w bad injured. On the cross-h- stated that Rainey tie might sro after the hot. The wit ness. in response to iciest of Mr. flering, showed the positions of the two men after the shooting when he turned around, n;r! stated Ivainey was slightly north of Bar:. Barr w;is the or.-t to reach the hide of Bunker and hrd lifted him up and then laid him down again. Rainey some four or five yards ahead of the j was also with the wounded man. On tam of the rolice when they entered j re-direct examination young Low he subway. He stated he did not see i stated that it was two or three min Barr get out of the wagon ur.til ht j utes after the shot was fired before was pushed out. Th? two teams had ihe turned to see where Barr and Kent prcttv close together on the way j Rainey were. He slated to cross-ex-toward the bridge eat-t of the base j amination that after the rhooling ball park. The witness stated, that Neuman had driven up. Barr had turned around when on the! J. A. FMgcrton was placed on the bridge and cursed Rainey and stated j stand to testify as to his knowledge thathe was a better man and could of the Missouri river, and stated that . , 1 , a, 11 ii U...I ..1 ......T.1..1 4-. i-ii-..i- cr.r-f. i .. 4. I.,,.. hen nn r.;oi ion" ui?i . r;i:i w.n i v-.-i.u .- . . I Ji ... . u.A ana cuiivri to if ! i yc. MCiitr SomtoTie had sug;rest cards, and as thev set down to play Bunker and his com panion had ccrne in and asked if they wanted to pJuy a game of pitch, and Barr and Jchn Richardson had set !ov.n to p'ay Floyd Richardson and B j'd.cr. In the first gan-e there had been a card rucked up on the floor and Urr- had said if v. person could not sit down ar.d play without cheating they outfit not to play. This had oc culted in ihe thir l game and Ban had repeated the cha'-ge. and at thi: Floyd had .jumped up and the witness lad then interfered and thev were sitting down again when the porter of the saloon came in and grabbed Barr and Floyd Richardson and told them they could not fight in there. Barr had told th.e man to let go of" him and the porter had then grabbed Floyd by th shoulders and told Jiim not to start trouble. The party had then stinted for the bar of the saloon and were settling up for their drinks and Mr. Bonat told the witness to get his son ort of the place. John Rich ardson had paid his mouev for the ib-inks and Bair and Donat had a mis vuierstandiiig as lo the amount due and that Bonat had told Barr that all he wanted was for him to get out of the saloon. The witness and his son ' had then gone out and Barr stopped a shoit distance behind them. As they went out Chief Rainey entered and asked what was the matter, and he had been told theie was nothing wrong. The witness and Floyd Rich ardson h.ad ttarted with their wagon Manley Bunker, ami of having met i-new nothing moreo f it until Rainey not hief for the srbwav the two Richardsons on Main street and going to the Kgenberger saloon and then to the pool hall, where he and Floyd Richardson had remained a few minutes and had then gone to the Ilinricbsen saloon in search of John Richardson. They had then gone to the saloon of Ed Donat, where John Richardson was. and while there Richardson had suggested a game of cards, as he was-bime and wanted to sit down. They had then started to ptay pinochle when Bunker and his two companions had came in, and they were invited to tahe part. Bunker said he would play pitch, but could not play pinochle. They had then started in to play and Bunker and Floyd Richardson had won the first game and they had continued to play and he had noticed card lying on Ihe floor near Richardson and had said that he did not tnink that a man playing for a glass of beer should cheat. This was repeated in the third game, when he h.ad repeated his re mark and Floyd Richardson had jumped up and the witness had thrown up his arm. as he thought Richardson was about to strike him. John Richardson ' had stopped the trouble and they were sitting down when the porter in the saloon came uv and grabbed them, telling them that thev could not fight in there. He had told the oorto" (o let loose of him, which he dons. They then went over to settle for the drinks which were out. r.s- well as several cigars. He stated he had not struck a single person in the saloon, lie was stand- asked him what he said and he re- The gun was held about even with the shoulders of the witness at the time it was discharged. He had gone over the details rf the case with his at torney. The state elected to send the case to the jury on the first count, that of murder. The state opened their argument to the jury at 4 o'clock, when County Attorney Cole presented his state ment, which covered aoout nan an plied that he said the old horse could ihour in xvnjch he gave to the jury his Flovd had ! ing outside of the saloon when Ben gotten out and came back up street j Rainey came out and asked where and the witness heard nothing more ct the matter until he was told later John Richardson was, and he told him that he had gone down to the liver. tmvel ns fast as their livery team. A few minutes after that Rainey had called to Low to stop his team and then got out and came over to the wagon where the witness was sitting. There had been nothing said before as to Barr being under arrest. He had asked Rair.ey if he was not go ing to let him go after the fish, and the chief replied that he was not and grabbed him by the legs and started to pull him out. Neumen had then gotten in the wagon and pushed him out. As he went out he fell on Jtainey and was pushed by the chief between the two wheels of the wagon, and Rainev had then gotten on him and struck him several time.". Ne had not noticed Rainey pull the gun at this time. They had started up the rn.wl north. Rainev having ahold of the bib of the overalls of the witness, as well as the collar of his shirt Neuman had started with them, but he had not paid any attention to them. He had tohl Rainey it was a h 1 of a way to do to beat a man up after telling him lie could go after the fish. When, after going a short distance, Rainey had told him he would knock his head off and had struck him on the side of the head with his revolver, which was held by the handle, and at the second time the witness haJ grabbed the reovlver and he and the chief struggled for it, holding it about even with the shoulders, and the wit ness had ahold of the muzzle while Rainey held the handle. It was dis charged while in this position and he had heard young Bunker cry out and had run to his side. The wounded man had tried to raise himself to his g engaged in run-J that Floyd was in jail. On cross-ex-J It was carrying sand and amination John Richardson stated j started . i then U:0r, p. m. He had then hr.ml:', but had fallen back into tne ed toward the river to meet th- road. The witness Had raiect nis '-ide of the case. Attorney Gering, for the defense, conducted a scathing arraignment of the police and a plea for the acquit tal of his client that occupied an hour and a half. The case of the state was closed by Attorney Taylor in a short argu ment for the finding for the state, which brought the case to a close. The instructions were then read to the jury and shortly after 8 o'clock the twelve orbitors of the case re tired to deliberate on the evidence and arguments offered them, and oc cupied some three hours, returning about 11 o'clock with a verdict of not guilty, and giving the defendant his freedom from the charge preferred against liim. home ties. Like the prodigal, many of us are desirous of seeing the world and think only of the fine sights in the world and the joyous times it can afford, never thinning of the cost, but when the money is gone and the youth, with its oportunities, have vanished like the mist before the morning sun, and want, like a gaunt wolf, stares one in the face. The fact of the wasted substance, the wanton spending of the vitalities of this life, with their attendant oportunities for the making of the best of surround ings and meriting that success, which is ever right, will come to all sooner or later, and in that proportion in which they have been profligate, is a fact no one can deny. With manv ant illustrations did the evangelist draw his lessons, and with that telling ef fect that there was a reward of six for the evening's woik. During the series of meetings there have now been thirty-one additions to the church here. The space which here tofore has been given to the chorus was not sufficient, and yesterday Elder G. P. Eastwood and the chorus director, Bert Knoor, extended the platform, which enables the chorus to be seated without obscuring the view of the bapistry from the auditorium. The subject for this evening will he, "Xaaman the Leper," and is one of the especially strong discourses of Rev. Meyers, so do r.ot fail to hear this one. The service tonight begins at. 7 :."(), and remember, out by 'J o'clock. Hundreds of imitation; have cone and gone since Foley's Honey and Tar Compound began 10 years ago to loosen the grip of coughs and eclds. You cannot get a substittLe to do for you what Foley's Honey and Tar Compound will do for coughs, colds, croup, bronchial aiTee- tions, la grippe coughs, and tickling throat. Buy it of your druggist ami feel safe. For saleb y all druggists. Just received a car of lilarly Ohio Potatoes, 70c a bubhel. A. G. Bach & Co. CASTORIA For Infants and Children. Till Kind Ycu Hare Alwajs Bsugtt Bears the 4l , W v a-o-i to halt, and had gone ring a flat boat carrying sand and amination John r.ichardson stated j smarted toward the river to meet tn-j roan. xn ' MW olci there ami 'aked Barr to get out 'wood from a point north of tha city-tthat Floyd and Barr were fishing to- livery team that was to take them j head to prevent the blood flowing out j signature of 7 A Good Stomach. There is no greater treasure than a good stomach. By this is usually meant a good digestive system. If this system is in perfect working or der, we usually feel well; but, as soon as there is any trouble in the diges tion, one indisposition follows the oth er and one sickness the other. What should be done to restore these organ.-; to their former activity? Our advice based upon many years of experience is to try Timer's American Klixir of Bitter Wine. This preparation, con sisting of pure red wine and medici nal herbs, in the first place cleans out the intestines of all waste matter, strengthening therg at the same time. This means health and strength. At drug stores. Jos. Triner. Manufac turer, 1333-13:3;) S. Ashland ave., Chi cago, ill. After an unusual physical work the body should be rubbed with Triner's Liniment. It is also very good in stiff ness of muscles and joints. Price of the Liniment f0c, by mail 00c. Letter files at the Journal office. V
