THURSDAY, APRIL 19, 1934.
PAGE SIX
PLATTSJIOUTH SEMI - WEEKLY JOURNAL
Champ Timber-Topper
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Mrs. Rosy Adkins, Canadian hurdles star, who defeated Evelyn Hall,
American champion timber-topper, last year, pictured during a fast
workout at New Yorl: just before she participated in the American
Women's Track and Field Indoor Championships in Brooklyn. N, Y.
GIVE SHOWER TOR xRIEIID
A miscellaneous shower in honor
of Mrs. Leroy Thieman cf Nebraska
City and in honor of, Mrs. Anna Hall
of Pelican Rapids, Minn., who is de
parting for her home soon, was given
at the home of Mrs. V. D. Kellison
of Cedar Creek.
Those who attended were Mr. and
Mrs. Leroy Thieman of Nebraska
City; Mrs. Anna Hall cf Pelican
Rapids. Minn; Mr. and Mrs. Fred
Stull and family, Mrs. Rae Ptull and
daughter, Beverly Ann, Mr. and Mrs.
Kay Carlson. Miss Bessie Miller, Miss
Florence Montag, Miss Marie Tyla,
Miss Dorothy Shewell, all of Omaha;
Mr. and Mrs. W. II. Coffelt and fam
ily, Mr. and Mrs. Jr.ck Weiland and
family, Mr. and Mrs. Glenn Lewis and
family, Mr. and Mrs. Ray Clark and
family, Mr. and Mrs. Clair Uo'ofey;
Mr. Roy Kellison, all of Plaitsmouth.
A very pleasant lunch was served
on the lawn and was enjoyed by all.
RECOVER STOLEN CAR
Sheriff Homer Sylvester was noti
fied Sunday that the car cf Charle3
E. Hartford, cf this city, stolen two
v.coks ago, had been recovered. The
car was discovered by the Omaha po
lice department abandoned in that
city. The sheriff and the owner of
the car were notified of the recovery
of the same and which will bo turn
ed over to Mr'. Hartford.
VISITING AT DES MOINES
Dr. and Mr3. V. V. Ryan depart
ed Saturday evening for Des Moinss,
Iowa, where they are planning cn
enjoying a week's visit there with
the relatives and old time friends of
Dr. Ryan. During the absence of Dr.
Ryan from the city the dental office
will be closed.
Rail Magnate,
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Snapped ia cominoa pleas court, Cleveland, Joseph R. Nutt, left, former chairman of the
beard of the closed Union Trust company and former republican national committee treasurer; 0.
P. Van Swerirgen, center, railrcad magnate, and Wilbur M. Baldwin, right, former president of' the
closed bank, entered pleas cf not guilty to charges that they participated in the "window dressing"
of the Union Trust company statements to make the condition of the bank appear $20,000,000 bet
ter than it actually was in 1931. Nutt and Baldwin are shown in court, while Van Sweringen is
seen as he signed the court docket.. Thousands lost their life savings when the Union Trust com
pany failed to open its doors after the bank holiday in March, 1933.
in Action
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WINNERS AT MUSIC CONTEST
The district mu.?ic contest of the
high schools of this portion - of Ne
braska was closed at Omaha Satur
day night when the trophies were
awarded. In the schools winning,
Wahoc, Peru and Druinard scored the
m.03t points in their entries.
T!u Plattsraouth group returned
with several honors that reflected the
fine work of the students and their
adeptness in the etiing section of the
contest.
Bernard Knoflicek scored superior
in 'cello, while Mildred Knoflicek
was given the rating of excellent in
her violin nolo work.
The Plaitsmouth high school string
quartet, composed o Alice ;Iiatt,
Loir, Bestor, Rachel Robertson and
Miklrrd Knoflicek were al?o given the
'excellent .rating as among the best in
their section of the contest.
The awards will permit the Platts
mouth group attending the state con
test to be held at Lincoln when rep
resentatives from the several dis
tricts will be entered.
VISITS AT OMAHA
Joe V. Brandt, cf Union, was in
the city for a j short time Saturday
afternoon while en route to Omaha.
Mr. Brandt was visiting his daugh
ter, Mrs. Lester Shelton in Omaha,
this being the firEt visit with the
young people since their marriage on
April 1st. Mrs. Shelton was former
ly Mirs Rose Brandt cf Union, win
ner of the prize in the first county
spelling contest held twelve years
ago.
Fop news of stepping tsargaTns,
read the ads in the Journal. You
will find them the equal In every
way of the "headliners" offered
by large city stores.
Bankers Deny Charges of Fraud
tL"T"n " - iii x- - - J'cyJJ"J m n T JJj t
Chinch Bugs to
be a Menace
Com This Year
Hot. Wet Weather Would Help Com
bat Insect Pests This Year
Other States Worse Off.
Nebraska chinch bugs wintered
well, according to O. S. Bare, exten
sion entomologist at the college of
ncriculture. who. when told that
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Iowa entomologists had reported a!
1 per cent mortality in the chinch
bug population in their state declar
ed: "We have done just as well.
Iowa never could put anything over
cn us."
The entomologist pointed out that
Nebraska farmers living from the
Platte valley south, and especially in
the southeastern part of the state,
will probably experience considerable
difficulty in controlling the chinch
bugj. Nothing can be done about
them right now, although when the
ycung brood comes on, barriers of
creosote and gas tar are effective in
destroying a great many. Burning
fence rows, waste lands and road
sides will help some the entomologist
continued, but the best time to burn
is November and December.
The bugs suck the sap from the
stem and leaves of small grain plants
and alter destroying a field will at
tack corn.
The corn locks as if it had been
seared with hot, dry winds after
chinch bugs infest it," Bare said.
Declaring that the middle west
faces prospects of a tremendous loss
frcm chinch bus infestation thi3
year, Bare said Nebraska is not quite
as bad off as some states.
"It is largely a question of mois
ture," he stated. "If we have plenty
of hot, wet weather, we won't have
much trouble from either chinch
bugs or grasshoppers."
JOS AID SEEN AS LOCAL DUTY
Randall C. Biart, stats federal em
ergency relief director, in a state
ment Monday said the task of pro
viding work for jobless men is pri
marily a local obligation.
"It should be distinctly un
derstood that the federal emer
gency relief administration is
not operating an employment
office, a service which is already
being exceptionally Well hand
led by the national re-employment
office," he said.
The FERA aims only to provide
limited work for persons on relief
rolls so they may earn their prin
cipal needs without the stigma of
charity and pauperism generally as
sociated with direct relief," he ex
plained.
"FERA is not interested in
getting jobs done, but unfortun
ately, in some places, local offi
cials seem to be interested in
the relief program principally
for the purpose of getting cer
tain projects done with Uncle
Sam paying the bill."
RETURN FROM VISIT
Dr. and Mrs. W. V. Ryan, who were
at Des Moines, Iowa, ever the week
end as guests of relatives of Dr. Ryan,
have returned home, after a most
pleasant stay in the Iowa City. Dr
Ryan has resumed his practice with
renewed vigor after the short out
ing.
MEN'S SUITS
$15 to $55
Tailored to your individ
ual Measure and Taste!
No matter what shape
or size you are, we can
fit you!
No matter what color
or kind of material you
like we have it!
Satisfaction Guaranteed!
Wescott's
cince
1879
CONSERVATION CAMPS COST
Washington. President Roosevelt
was told that 2C5 million dollars wa3
spent in giving employment to C00,
000 young men during the first year
of the civilian conservation corps.
Rohert Fechner, director of emerg
ency conservation work, reported to
the chief executive that 310,000
would still be in the forest camps
at the end of April. Funds have been
appropriated to .continue the .'pro
gram for another six months. In ad
dition to the enrolled men 14,000
experienced foresters and technical
experts have supervised the work
and 3,600 reserve officers have com
manded the camp3.
Reports of cabinet officers whose
departments co-operated were filed
with Fechnei's. Secretary Dern said
actual disbursements to March 1 had
been 255 millions, of which two-
thirds has been poured directly into
the channels of industry, commerce
and agriculture to accelerate recov
ery. Men in the corps, Dern report
ed, sent home approximately 60 mil
lions to aid their families.
Secretary Ic kes and Secretary Wal
lace emphasized the value of the pro
gram to the nation's forests ami
parks.
"The fire record for 1933 is one of
the best ever recorded for the nation
al forests," Wallece reported.
TWIN GIRLS ARE STRICKEN
Philadelphia Hospital pnysicians
said the twin 11 year old daughters
of Mr. and Mrs. Peter Maguire are
suffering from the dread ossification
disease, which slowly turns the mus
cles of its victims to a bonelike hard
ness. The girls, Katherine and Mar
garet Maguire, already have a mark
ed rigidity in the neck and shoulders,
the physicians stated. Katherine was
the first to show symptoms of the
disease in 1931 and was treated for
some time in the hospital. Last week
the same symptoms were discovered
in her sister.
GO AFTER NEW CAES
From Tuesday's Dally
Last evening Claude A. Ruse of
the Ruse Motor Co., departed for
Kansas City where they are to se
cure two new Ford cars and a truck
that is to be used as a trailer. With
Mr. Ruse were Ray Cavender, Louis
Wondra and Louis Baumgart, who
will assist in driving the cars back
to this city where they will be turn
ed over to the purchasers.
TO ATTEND STATE C0MMANDERY
The drill team of Mt. Zion eom
mandery No. 5, Knights Templar, of
this city with a large number of the
past commanders and officers are ex
pected to attend the state grand com
mandcry which opens at Lincoln this
week. The state commandery will
open on Thursday and is expected to
be one of the most largely attended
that has been held in the state.
Produce Markets
Higher
YOU can always depend on
top prices here for all your
Farm Produce.
THIS fact, coupled with our
quick and dependable ser
vice and our convenient lo
cation at corner 5th and
Main streets, should induce
yon to always make this
ycur cne-stcp produce mar
ket for
Cream, Poultry, Eggs
WE PAY CASH
"Our Service Satisfies"
Jury Brings in
'Not Guilty' Ver
dict This Morning
Continued rrom page one.
that McMaken had said that he came
homo from a trip and found Mc
Crary at his home, he could not get
into the house as he had no key and
had gone through a bathroom win
dow and found that someone was in
the house, he then hdd gone to the
basement of the house and while
there had heard someone talking, he
had then secured a gun and gone
back to the main part of the house
through the window. Defendant
rtated that he had come to the door
of the bedroom and heard some
whisperings or low conversation and
he had then switched on the lights,
MiCrary had jumped from the bed
and the defendant had shot him.
Mr. Stewart identified the exhibit
of the lC-guage pump gun as that
which Mr. McMaken had turned over
to him as the death weapon, as well
as a revolver that had been taken
fr-jm the pocKct of the overcoat of Mc
Crary later on the way to the police
Etation. The charges from the pump
tun were also exhibited and witness
t-tattd that they had been removed
in the presence of Sheriff Homer Syl
vester and Mr. McMaken.
The clothing worn by McCrary,
shot riddled and bloodstained were
also offered in evidence by the state.
In cross examination by Mr. Craw
ford, witness stated that he had seen
McCrary often in the north part of
the city or coming from there in the
early hours of the morning. Ques
tioned, Mr. Stewart stated that Mc
Maken had made no effort to conceal
the shooting. Mr. McMaken had been
turned over to Sheriff Sylvester on
his arrival and had made no resist
ance. Witness stated that the trous
ers of McCrary were open when he
had examined the body.
With the opening of court at 9:30
this morning the state resumed the
taking of evidence by calling Sher
iff Homer Sylvester to the stand. The
sheriff was asked to describe the bed
room of the McMaken home where he
had been called, he had seen a body
on the floor and asked who it was
and was informed by Officer Roy
Stewart that it was Douglas McCrary.
He had asked who had shot him and
Mr. McMaken had said that he did it.
The covers of the bed had been
thrown back as if some one had been
occupying the bed. The witness had
asked McMaken why he had shot him
and he had replied, "Really did not
know at that time but was not
sorry." The sheriff described the na
ture cf the three wounds on the body
of McCrary as well as the fact that
there had been shot in the floor of
the bedroom but none in bed or bed
stead. The witness had found two
discharged shells in the living room
near an overstuffed chair near the
double doors connecting the rooms.
The body cf McCrary was clothed in
trousers, shirt and shoes and sox.
On cross examination by Mr. Craw
ford, witness stated that the shot
gun was a close choke weapon and
which held the charge close. In
tests it would not show powder marks
at 5 feet. Asked as to the appear
ance or McMaken, witness stated
that he had walked the floor, twist
ing hands and appeared to be in a
nervous condition. Witness also
testified as to receiving the loaded
revolver from McCrary's coat from
Officer Roy Stewart.
Dr. L. S. Pucelik was recalled by
the state and examined by County
Attorney W. G. Kieck relative to con
versations held at the office of the
physician between him and the at
torneys for 'the state. Dr. Pucelik
corrected some of his testimony of
Tuesday in which he had said that
he did not make any statement as
to the innocence or guilt of McMaken,
stating in hi3 testimony this morning
that he had said, "did not want to
see Joe McMaken stuck." The wit-j
ness stated that he had been asked
as to his experience in mental cases
and not as an expert in this line and
that he was competent to handle these
cases but was not an expert. Witness
had told the attorneys that he had
been criticized for hi3 testimony at
the coroner's inquest.
On cross-examination jy Mr. Craw
ford Dr. Pucelik stated that he could
under his training treat and deter
mine mental cases.
The state rested their case at 10:15
as the court took a short adjourn
ment for the defense to open.
Defense Opens Case.
With the reconvening of court the
motion was offered by the defense to
dismiss the case and take it from the
jury. The grounds based was that
the state had failed to prove first
degree murder and the evidence that
they had offered had proven the de
fense contention of slaying in self-
defense.
The motion was overruled by Judge
Dan W. Livingston on the grounds
that the points brought by the de
fense were facts to be passed on by
the Jury.
The defense opened with the call
ing of Ray G. McMaken, brother of
the defendant, who was examined by
W. A. Robertson, chief counsel of the
defense. Witness dramatically told
of the revelation that he had made to
his brother of the visits of McCrary
to the Joe McMaken home. The wit-
ness ctatea that He nad nccn in me
McCrary barber shop some months
ago and had seen McCrary take a
revolver from a drawer and place it
in his pocket, this being about clos
ing time at the barber shop at night.
The witness testified that he had
seen Douglas McCrary leave the Joe
McMaken home on liie early morn
ing of March 1st, that McCrary had
gene from the. house through tne
alley. Joe McMaken was net at home
at that time, the w itness stated. The
witness on Monday afternoon, March
5th, had met his brother Joe at tht
O. K. garage. lie had told Joe Mc
Maken that McCrary was going to
his home and that he ought to cluck
up on it, he had also told Joe Mc
Maken that McCrary carried a gun
and that he better watch out. lie
had asked Joe McMaken as to the
condition of his wife and was in
formed that a child was expected.
When told of the visits cf McCrary,
Joe McMaken had not said a word
but had given a deep breath or sigh
The witness and family and that of
the brother had been on good terms
and often visited each other's homes
Joe McMaken had beer, very proud
cf his wife and their home lif2 ap
parently had been very happy and
contented. The defendant was ab
sent from home many times from CO
to GO days on his contracting work.
Joe had stayed in bunk wagons when
on these trips.
On cross examination by Mr.
Cheney. Ray McMaken was asked if
the distance from his home to that
of the defendant was such that a call
could be heard. Witness had never
heard any disturbance or calls for
help from the Jo. McMaken heme
Ilov Oterdorsky, druggist, was
called and FtatctI that he was ac
quainied with W. D. McCrary, that
at a date that the witness fixed zz to
ward the last cf November, McCrary
had vicited the drug store and nought
to secure medicine to cause- an abor
tion. ; Witness had refused him and
told him he had better go to a phy
sician.
Clarence Cotner, owner of an Om-aha-Plattsmouth
bus testified that
McCrary had frequently ridden to
and from Omaha with him. On one
occasion McCrary had left his over
coat in the bu3 and asked Cotner to
lock up the bus as he had a revolver
in the overcoat.
R. Foster Pattcrron, called to the
stantl was questioned by Mr. Robert-
sen as to his residence on Elm street,
three blocks south of the Joe Mc
Maken home. He was also question
ed as to McCrary riding with him
as far as his home at 11th and Elm
streets. lie stated that two times
last fall and early this year McCrary
had ridden in his car as far as the
Patterson home, the time being fixed
at 11:30 p. m. Witness had net seen
where McCrary had gone after reach
ing 11th street.
Mr. and Mis. Clyde Taylor were
called to the stand to testify as to
seeing McCrary in the vicinity of the
McMaken home, both stating that
they had on one night in the last of
January seen Mr. McCrary near their
home and going north and west in
the direction of 11th street. Mr. Tay
lor stated that at this time Mr. Mc
Maken was not at home.
On cross examination Clyde Tay
lor stated that he had seen McCrary
when witness and wife had started
home and that he knew it was Mc
Crary even bsfore he passed under
the street light near the Taylor home.
Witness had not seen McCrary enter
the McMaken home.
Mrs. Oscar Gapen, a neighbor,
testified to seeing McCrary leave the
joe iVicaiaKen liome at twenty min
utes to seven one morning. Mr. Mc
Maken not at home.
George Taylor, city street fore
man, testified that he wa3 going to
tne main section of the city one
morning at 3:30 to assist in wash
ing the pavement, and had met Mc
Crary and asked "what are you do
lng up in my part of town?" Mc
Crary had replied, "Taking care of a
friend." Witness had walked on to
town with him.
John Jordan testified that he had
seen McCrary at the McMaken home
at 3 or 4 o'clock in the morning last
September. He did not believe that
McMaken was home at the, time.
Fred Lugsch, called, testified that
he had a conversation with McCrary,
who told him that he had just taken
a shotgun apart so that he would
not get shot with it.
The state offered no cross examin
ation to these witnesses.
Joseph G. McMaken was called to
the stand before the noon recess and
told a clearcut story of his actions
on the occasion of th? tragedy that
had come to him and his home. He
stated that he was thirty-five years
of age and had lived here all his life
and had married here in 1923 and
had lived in the neighborhood of hi.5
parents and his wife's parents since
that time. He was engaged in road
work that required long absences
from home and to work many times
from ten to eighteen hours. The wit
ness and wife had no trouble and
he had provided her with food, cloth
ing and all things necessary. lie had
first learned on Monday, March 5th
of the visits of McCrary from his
brother, Ray, who had said "Doug
McCrary was foolin around my wife"
and that '"he had better be careful
as M Crary carried a gat."
He hm: come liome on the n'ght
of March 1st from Fremont where
he had consulted a physician as to
his wife's condition, at the time she
was there with him. He rt-achfd t ho
O. K. Garage about io or 11 o'clock
on the night of March Cth. Then
was no light in his home when he
reached there and as he came to th;
corner of the house he could hear
voices in the home. He had thought
of what his brother had said ami
went to the basement to see what he
could hear of the conversation that
seemed to he going on in the rooms
cn the main floor of the house. Wit
ness stated that he had realized that
he was in a dangerous position if his
bother's story of McCrary's arming
was true. Witness had stayed in
basement some time and then
thought of shotgun that one of his
employes had left there on a previous
trip, lie had remained in the cellar
as he did not know whether or not
he was liable to be shot at. He had
taken th? shotgun for his defen:-:e
and then gone out of the basnie-nt
or cellar and had gone to the front
of the house and could hear at the
partially opened window, the breath
ing of two persons. Witne.-s had th' n
tried the north door which was belt
ed and had then raised the bath
room window and made entry to the
house. He had gone to the living
room and .cat down to try and ".-ize
up the situation." He had decided
to wait until daylight before doing
anything about the matter but a lit
tle later heard a clock ticking,
thought possible that alarm might be
set to give alarm to anyone in t lie
lC'jm. Witness had thought to turn
off the alarm clock, as he wanted to
wait until daylight to meet the man
in the case face to face, as witness
thought he might whip him. Clock
was not in usual place in bedroom.
He had heard whispering in the room
as he tried to get clock and someone
said, "Someone is over there." When
he had heard the whispering he had
turned the light on in a floor lamp
in the living room. When light wa3
turned cn witness had seen McCrary
in the bed with his wife. McCrary
had sat up and then made a dive
for something, thought grabbed for
a gun. The next witness remembered
was w hen Mrs. McMaken had scream
ed that witness had shot McCrary.
As soon as he had regained his pres
ence he had called the police and his
wife had told him that he had shot
McCrary three times. Witness re
membered seeing Sheriff Sylvester
and Officer Stewart, but not what he
had told them. He had no intent of
shooting when he had started for
home or even in the house, save in
self-defense.
The morning of the killing was
the first time that witness had seen
McCrary at his home. He had known
McCrary and they had always spok
en friendly and he had no suspicions
cf him until told by Ray, his bro
ther. The witness was shown the gun
that he owned and which it was
charged had been put out of com
mission. The witness had not used
the gun for some months and he had
not examined it until today when
he had done so with his attorney,
Bryce Crawford and found that it
would not shoot.
The witness was then turned over
to the state attorneys for cross exam
ination. 'Seo It before you Duy ft
Sufficient Fire Insur
ance is all important
to every property
owner and its pur
chase cannot safely
be "put of?." Check
up on all your insur
ance today.
Scai'l S. Davis
OFFICES, nil FLOOR
Platts. state Bank Cldg.
PUATTSIVIOUTH
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