Nebraska Newspapers

    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