LILLIE MURDER CASE
A Record-Breaking Bill Was Filed in the
' Lillie Murder Trial
NEW MOVE IN
s
K; Document is One of the Largest Ever Filed
New Trial is Asked For
STORY OF CELEBRATED CRIME
Supreme Court will Review the Evidence
in the Case
David City, Aug. 7. Ibi attorneys
for Lena Margaret Lillie, who was
convicted at David City on March 3,
1903, of the murder of her husband
Harvey Lillie, and sentenced to
penal servitude for life, have filed
their bill of exceptions to the flndng
of the lower court; with Clerk lleid
uiuo of the supreme co ;rt.
The bill of exceptions comprises
16,'W typewritten panes or four vol
umes and enters into a most compre
hensive review of the proceeding of
the trial. The bill of exceptions in
cludes 12,0'jH distinct and .separate
questions and a nke number of ob
jections apd exceptions. It alleges
that testimony entirely foreign to
the case was admitted before the jury
and that certain members of the
Jury were biased and prejudiced
against the defendant. The testi
mony in regard to Mis. Llllie's ojier
ations the board of trade is alleged
to have had uiJcb Influence in caus
ing the Jury to return the verdict, of
murder Id the first degree and the so
called expert testimony In regard to
the powder stains and bullet holes in
the lace curtain la the bedroom in
which Mr. Lillie was killed. Tne
bill Includes exceptions to almost
very question asked : lie witnesses
by the persecution ano is for the pur
pose of deterru In I ng- any possible er
ror which crept Into the trial Wnlle
not the largest bill of exceptions
ever filed with the clerk of the su
preme court, the biii is the largest
criminal one ever tiled In this state.
It will he reviewed by the judges
of the supreme jourt before they pass
upon the motion for a rehearing and
a new trial.
On the nigh' of Thursday, October
21, last year, Mr. and Mrs. Lillie re
tired a short time before midnight.
They had spent a jolly evening with
the other members of the family, and
two joutig wi'inen, Miss Julia Klckc,
who were helping Mrs. Lillie In her
sewing, and Miss Kstella Dawson of
Lin wood, a guest who had been la
the home about f'.ur weeks,
Edna Lillie, the daughter, and Mac
Lillie, niece of lli) man who was
killed, ilso were (here. Not a word
had been spoken tint evening to In
dlcate the slightest degree of ill feel
irg on the part of Mr. Lillie and his
wife. This night hud been a happv
one. The young women had plajed
games, the older ccuple Joining them
In thler pranks.
After the six persons had retired
everything In the house was quiet
until 6 o'clock the next morning. At
that time '.he little daughter, the
niece and . the two young people
heard the sound of a revolver shot.
It was followed by silence lasting
several seconds. Theu theie was
another shot. Absolute bIIuucl again
perhaps longer than before. Then
the girls heurd a scream. The fiol.se
canjo from the room occupied by Mr.
and Mrs i Lillie. Mr. Lillie was In
the hall shouting lo the girls thut
"Harvey" had been sh:t. The si
lence between the shits and the
wife's Orst scream was not broken by
the oolse made bv the rebber.
There were the voung women lvm
la bed, frightened at wlui' Hi v ha I
Shock Pal Fifty Miles.
Bluffton, Ind., Aug. 7. The Empire-American
Nltro Glycerine com
psny's noMle nttt bere exploded
yesterday afternoon. Tbe entire
plaot waa destroyed and three em
ployee were blown to pieces. It is
also believed tbat a visitor who en
tered tbe plaot Just before the ex
plosion was killed. Pieces of tbe
machinery were blown Ave hundred
,fe;t. It la supposed the eiplosloo
was used by a driver dropping a can.
NOTED TRIAL
'heard, straining tbelr ears to catch
every sound. And yet none of them
heard the robber. Mrs. Lillie says
that the robber and murderer escaped
by the kitchen door. The gllrs and
Mrs. Lillie wejit down stairs., the
woman to Rive a telephone call and
the girls lo arouse the neighbors.
The nelghb irs came and Mrs. Lillie
told the story of the murder over and
over again. She said the first shot
awakeued her. She saw, in the dark
nesi a man standing on the west of
the bedroom, the side cn which her
husband lay, pointing a revolver at
her "Reaching for me," she said.
She rolled from the Led to the floor.
Tne revolver sounded again and the
bullet crushed through the curtain
window, and screen. The rJrst ball
had entered her husband's brain.
The physicians testified a day or two
later that It must have caused imme
diate paralysis of the brain and that
Lillie could not have olTered resist
ance. He was rendered unconscious
so quickly, the doctors said, that he
could not have moved.
When Dr. A. J. Stewait, reached
the house and was shown Into the
room by Mrs Lillie, the injured man
was lying on the bed, his face
covered with blood. There was a
wound on the right side of bis head,
ab ve acd In front of the ear. The
skin fur half an Inch around the1
wouod was blaek;nea, as though by
burned pjwder. The wound was
abcut hilf an inch, in diameter. Mr.
Lllllie lived until 2:.'!0 that after
noon. He did not revive and no
words concerning the crime came
from his Hps.
Two bullets were found, one in
Lillle's head and the other In the side
of the barn acrosss the street Id a va
cant lot, about three hundred feet
away. '
The trial of the case was one of the
most sensational ever held In the
state. Expert testimony consisting
of the opinion and views of the local
police cf David City In legard to the
course of the second bullet, a resume
of Mrs. Lillle's transactions on tne
j boarl of trade, and many other
things were gone Into at l he trial.
Scntlmint was divided as to the guilt
of the defendant. Mrs. Llllie's at
torneys applied for stay of execution
of sentence A pril IT, and have since
been in the compilation of the bill ol
exceptions.
He Wa Overcome by ileal.
Ileatilce, Net)., Aug. 0 Henry Ten
ner, an aged und lespi eled Memonlte
; citizen, who re-ddis on a rami twe
! mile west of (Jils city, was pros
trated by the heat jjwlnle hauling
grain fiotn a threshing machine.
One of the wheels of 1 Is wagon canit
off and in putt ing It on, he overtaxed
his strong)), and sunk to the ground
uneonseious. Medical aid was sum
moned, and he had regained con
sciousness at last accounts Mr.
Tenner W M yean of age,
Meld the Preliminary hear.ng.
Geneva, Neb, Aug. 7. The pre
liminary hearing of Willam Franzt
who shot Al Timber at Ohlowa acou
pie of weeks ago, was held here Tues
day afternoon. Frantz was releasee
on il.OOi). The iiiaiu witness against
' Frantz at the hearing was Dr. W
' I If slmmons.
Looking For tost Hnsband
Fremont, 'eb , Aug. 'i. Mrs.
John Thompsou of Hooper, was la
the city yesterday and culled at police
headquarters, where she made In
quiries concerning her husband. The
latter disappeared from home oo
Friday night of last week and bis
wife has hesrd not b log fiom bin)
toe. 8be carried a picture of her
spouse snd showed It to Cblef Daufb
erty, but be didn't remember seeing
tbe prig toal of tbe pbotograoh.
A LABOR DAY PROCLAMATION
In accordance wltb time-honored
custom and the provisions
of tbe legislature of tbe state,
Labor dav will be observed as a
legal holiday in Nebraska. La
bor day la tbe only national
leual holiday In the United
States and In Nebraska. Th
ar t Monday In September is
designated In the federal ami
kUU; statu ten as Labor day and
(ioverno Mickey has issued
f t lie to lowing proclamation iu
. regard io it.
i "There Is no section of the
ij country in which the w.ae
j earner I more highly res per ted
y aud in whico his avocai.iou ic
i; ceive8 gicaier consideration
ji than here In Nebraska This
d is true because our people are
!i generally Imbued witu e od
) sense, it is abfalti trie because
ii tbe great majority of i he ci ti
ll zens of this ala'e are luburs
I' and wage-caiiif rs theiu.hes
i and hei.ee liav a proper c " -j'
cop ii n ol inedibility -if i it ' r
: c.iiling. Labor is t'ie m s
r honored instr moot of adv.n.r-
j! ment. It ii.is Sounded repi b-
lies, built ciiies, eoci'c r-i
I mountains, unaided riveis.
i belied continents and has been
Ih.f uriat act vc principle iu
i. tbe devp opmi nt of run superior
' :1 vl a : ii n. The art and si-i-
:-, pnees are also Its debtors and
', the leiilm of liu-raltiie oe-i
'. up re to peis sleni, nlent'ess
i effort than It d -cs to .ha leiu-
: poary flashings u' genius.
'J "Hut, soup! anci -nt philosn-
' plier has i-uki i liat 'Ah woik
' and no play makes J ick a null
boy.' What it true or Jack' is S
also true, in his piogeni'Oio. In j
practical application oi Ibis A
. id a the Ii g slatui'e i f t he state 5
t Xebiaska has wisely deeiel 2
that thij tirst Monday in Se - '5
J t ember shall be. set apart as O
'Laoor Day' and thut it shall i
i be deemed a public holiday A
i "Hy vulue of the authority S
; vested in nn by law, I, John 2
j H. Mickey, governor of the !h ;
! state of Nebiaska, do hereby (5
I pioelalm Mnnfay, September ;fj j
i 7. liW3, Labo-diy. and especi- j?
ally org-? that all business be C
I suspended on that date and 2
I that it be observed by general 'is
I pa t clpation In ri stand In up- 5 ,
p. opriaie obuervance thereof . '2 '
'In testimony whereof 1 hive lb
lHMcuntro set rny hand and -5
caused the meat seal of the 2
; state t i be allixetj. .5
i ' Done at Line In, this first. 5j
! day of August. A D. 1"' .1 2 !
"G.W. MAIlsll. "iiovcruur. ;5
"Secretary ,jf State. d
fi 2
THE CONVICTS ARE FOUND
UKPOKTS Ol- TIIK SAMiUNAKl
TI.K IN CAl.IKOKMA
riaeervilie, Cal., Aug. 3-Ueiortsl
tf an encounter b teeu the ifliceis'
and the convicts wh' escaped fr 'in '
Fols'im prison are being iciei.ed to-'
night, but owing to the ltinotene. s
of the s ene of battle and the fact '
that night, fell almost Immediately1
following the receipt of the first, ue as
te nils are coming slowly it is
Miown, h iwever, that the sheriff's
iH.S'te, assisted by a force of in
Viacervllle militia came ufnu some
i f the fugitive! near the (Iiand Vic
lory tuiue about dusk jtnd shots werj
tt once exchanged, ,
DalldS Iiosiult, the son of slitrill
Cosiuit,is said to be among th si 1 1 r, .
ind a message by telt pone sjs his!
body was fuund along Vie roartsidu. !
Militiaman Dill was shot tliroogb
the boily and is not expected lo re
cover. The greatest anxiety preiails
lie re concerning the soldiers. Iti)
known that six of them weul Into
the brush after the co.ivlcts and li
:mly trace of them was the wjuntled
mm Dill, who was unable lo ghe
joy clue concerning ills cunipjiiloiii
The convicts are b;!leved to have
tak.-n rcfugs in the Grand Victory
jiilne and there is talk of setting tire
to it and driving out the crit
eria Is. Additional forces are being
hurried to the mine tonight, and if a
second battle is not fought tonight
Jtlie pursuers will be iu strong posi
tion torn rrow to give the convicts
t fight.
Another account o' the battle
reached fralnard F. Smith, Chief
ficiK of Fclsom prison, lie was. no
iill.d that three of the attacking
party were killed and that 16 was
persumed two of the convicts were
badly wounded. Two of the killed
hre prrsuined to be jouug Bos'iuit,
Dill and on? of the herilT's p.isse
wliose name has not been ascertain
ed. 1'he scene of the shooting was
waa near Cool, a small place a few
in lies outside of Ilacervllle.
A Transport For Manmlla
Pan Franc! co Auir 3 .The UniKd
8 aU'S army transport Sheridan Hail
Id Saturday for Manilla via Honolulu
knd Guam. Besides about o: e hun
dred saloon passengers, loch, ding Col.
I. Ii K.rr ar.d five other olll.-eis of
;he general stall io the Pi.illppines.
Put To Death At Sing Sing
Onalnig N. Y , Aug, 8 Antonio
rruckowski, a Pole, was put to death
lay In the elect ric chair at Sing
4lng prison. He declared on his way
0 the chair that he waa Innooent
if tbe murder of John Bbepntlskl,
Brooklyn saloon keept-e, March 6, and
if which be bad been convicted.
Tra kowikl waa a-ntenoed June 22.
and the time elapsing between pro
nouncing of sentence and bis elocu
tion is aaid to bare been tbe abort-
nt on star reoord.
NEGROES
MAM BOY
Cruel Assault Committed on
an Indiana Invalid While
Hunting Squirrels
MUTILATE WITH A KNIFE
Attack Unprovoked and Yen:
geance Demanded
200 JOIN IN THE CHASE
ALARM GIVEN AND FARMERS ALL
OVR NEIGHBORHOOD HUNTING
THE CULPRITS. .
Hartford City, Ind., lug 4.
Ooige Ilearshev, an Invalid, aged
nineteen, while hunting squirrels on
hh father's farm near here at noon
yebte day was approached by two
proling negroes. They grabbed the
boy, searched his clothlrg for money
a"d fi ruling- none tore his clothing
from him. While one negro held him
another mutilated hirn with a knife.
The boj succeeded in reaching
home He told his st.orv and his
, father gave the alarm, mounted a
uiHH-i una called r ir volunteers to
wreak vengeance upoo the flying ne
groes. Two hundred men and hoys
joined in the chase. Nelgboring
farms and towns were warned by
telephone and the country was scour
ed. No trace of the negroes was
found The hunt proceded till night
fall. (Sheriff Morlgal with a detachment
of deputies and poll.e followed the
mob to prevent a lynching if possi
ble. Another Fight with the
! Dutch Flat, Cal., Aug. 4
Convicts,
Two of
tli ; Folsorn convicts were surrounded
bere List evening aud a tight ensued
I It is supposed that one tf the con
1 victs was slid by Glen Wedgewood.
I W edgewood was shot in the hand
, by the convicts.
j I'LiccrviUe, Cal, Aug. 4. The con
victs wbo escaped from Folsoro prison
are still at large. "J he five who en
gaged in a f itui fight with the pur
suers at t lie Grand Victory mines
j Sa urday have not been seen since
and apparently have made a success
j f ul retreat. In their haste to get
a-vayiroiu toe militia they lert a
water on, several hats and soxe (ire
t arms on the hillside where the fight
, occurred. The dead bodies of Festus
Rutherford and w. C. Jones, the
two militia men who were shot by the
outlaws, were found this morning
wiiere they had fallen. Junes had
served in the Philippines as a mem
ber ot the First Tennessee and the
Thirty - seventh volunteer United'
Slates infantry. Al Gill, the na
tional guardsman wbo was shot
through one lung is eipected to re
cover t An llier victim of the convict chase
was l'lillip Springer, a resident of
j this district. He is hard of beariog
i and failing to respond to an order to
jhilt, was fatally shot by a picket
1 early this morning.
A report r .'Ctlved last evening stat
I ed that four convicts, not believed to
be the same who ambushed tbe ofil
j cers last nlcbt, were discovered near
LrJ us near the Vtchdetcrcek district.
' A number of shots were exchanged
hut so far as known without result.
PROSECUTIONS MUST QO ON
Waihlngt n. Aug. 4 Postmaster
General Payne resumed his ofllclal du
ties al the depaitment today. He
siys he feels much improved fiou his
trip. Mr. Payse said it could not be
said, by any means, that the Inves
tigation was ended . He pointed out
that the Inspecaors are working on
the case In various parts of the
country and developments may occur
at any time Mr Payne declared
that every one against, whom any
evidence has been found will be
treated according to the evidence.
A son of John T. Cupper, the mayor
of Lockhaven, Pa. telephoned to.lay
that Cupper would come to this city
to surrender in court Monday.
Council for August W Miction to
day tiled In the criminal court a
demurrer lo the former Indictments
of Maehen. It Is alleged that every
count In the indictments, is fatally
fe f ive in that it falls to show that
Maehen was an officer of the govern
ment at the tune tho offenses wore
committed. Maclicn withdrew a plea
of not guilty.
The demurrer to the Indictment
for bribery aga'nst Dl'ler B -ind
Narnual A. Oroff in connection with
Machen ws also Bled. Like Machcn
the Oroff b others withdrew tbelr
plea of nor gulliy, and sny every count
of tbe Indictment is defective.
flet With Instant Death.
Fairbury, Nebr., Aug 4 During the
heavy electric storm here last night
tbe farm residence of F. L. Norman
a short distance sonthwest of Daykln
was struck by lightning and Pearl
the Hitteen year old daugbt r of Mr.
Norman was Instantly killed. Tbe
balance of the family were stunned
but recovered in time to escape from
tbe building which bad caught Are
and later burned to tbe ground.
Nebraska Notes
C. h. Horton, superintendent of the
Western Union, left for Denver,
WdiieJday evening.
The annual reunion of the old set
tlers of Pierce county will be held at
Plalnvlew on September 12.
A severe electrical storm passed ov
er Papllllon. A heavy rainfall was
a so chronicled. Crops were not damaged.
By a vote of 444 against 37 YVabo o
has decided to isste $8,000 worth of
bonds for tbe erection of a new school
house.
The remains of Henry M." Winslow,
wbo fell dead Monday, were buried at
Columbus. He was a prominent cat
tleman. With work being done on fourteen
residences and two business blocks Al
bion is enjoying the greatest boom in
its history.
Secretary Fraeer of tbe state print
ing board and family will leave Lin
ts In today for a ten days' trip to
Manltou, Colo. t
W. 0. Car rick, general baggage
agent for the Chicago, Milwaukee &
St. Paul, with headquarters in Chi
cago, Is in the city.
"
Dennis Likens of Bassett was fined
$20 and costs by Judge Olson of Liu-,
coin for shooting three ducks and one
prairie chicken out of season.
Three cars attached to a Unio& Pa
cific freight train went intc a ditch at
Holmesville. The cars were all load
ed and were badlj demolished.
The Virginia Telephone company of
Beatrice filed articles of incorporntion.
The capital stock is $iKK) The eom
pady will be located at Beatrice.
The capital stock of the Seward ce
real mills has been increased from
120,000 to t25,uu3. The limit of the
firm's Indebtedness has been placed
H6.OC0.
Secretary of State Marsh and fam
ily have gone Hot Springs, S. D.,
where they will remiin while Mr.
Marsh takes treetmeot for his declin
ing health.
Eight carpenters employed on the
Huett block at Fremont have struck
because one of their number was re
quired to work ten hours instead of
nine as prescribed by the union.
ti Wednesday afternoon the thirteen-year-old
son of Peter Powers of Bea
trice was shot in the leg. The acci
dent happened at the home ot Levi
James, two miles south of Inland
The Chautauqua board at Beatrice
met and fouud that after paying al)
bills they had oo band a surp us of
11,000. The annual meeting of the
uoaru win ue iieiu opi ana oincer:
will bo elected.
.
Sbimsou Laviti of Fiemont has be
2un a persoal damage suit for $5000
for iojuries alleged to have been re
ceived at the hands of his brother-in-law,
Simon llordy, a merchant of
that city.
-
Monday was the forty-sixth anni
versary of the organization of Gage
county, the couuty having been reg
ilarly organized on August 3, 1857,
it which time Nathan illakely was
county clerk.
Word received by Secretary Uoyse
of the state printing board from A.
N. Dodson, bis assistant, states that
the mother of the latter, who has
been very 111 Camden, W. Va., is rap
idly regalcing her health.
The bank of Ode 1, or Ga :e county,
which changed handa several days
ago, has incorporated as a state bank,
the capital stock be ng $2e 000. The
Incorporators are Matt Williamson,
Arthur Williamson Muy Williamson
and J. B. Lower.
Labor Commissioner lie.t Bush Is
out of the state investigating a num
ber of charges that certain steam
laundrcs are violating the state laws
In compelling theli female help to
work more than tea hours a day.
M. P. Pillsbury, the star fullback
on the Nebraska University football
team, and Miss Dell Drysoo, daugh
ter of W. E. lirjson, were married at
Adams. Mi. and Mrs. Pillsbury will
make their home at Fallsln, OkI.
Robert Porgan, deputy revenue col
lector, of Lincoln, was in Beatrice
Thursday and while here he visited a
number of tbe business men to find
out if any of them were engaged In
the aale of unfermented grapo Juice,
which was recently examined by tbe
government chemist snd found to
contain a per centage of alcobol. lt
Is uuoer stood tbat theie sre a oum
ber of grocers and -IrugglsU who
have bandied tbla clnss of goods, be
ing Ignorant of the fact tbat it ooo
talos alcobol
SARTOIS
THE POPE
The Cardinals on tbe Stv
enth Ballot Make Happy
Choice ,
NEW PONTIFF IS POPULAR
Conservatism Blended
Liberal Yiews
With
STRONG FROM THE OUTSET
TAKES THE TITLE OF PIUS X, AND
RECOGNIZED AS REIGNING
HEAD OF CATHOLIC WORLD-
NOTABLE DAY FOR ROME
Kome, Aug. 5. Tbe conrlave after?
being in session for four days, tofla
elected Guiseppe Sarto, patriarch of
Venice, as pope, to succeed Leo
XIII, and he now reigns at the Va
tican and over the Catholic world at
Pius X. Tonight alll Rome s
Illuminated in bis honor.
His election and the assumption
if bis holy office were marked by.
iirlklng demonstration and impress-!
Ue ceremonies at tbe Vatican which1
only ended this evening. Tomorrow
the new pope, clad in in his ful
pontifical robes and with all tbe
ritualistic ceremony, will receive
oi embers of the dipl matic corps,
the cardinals and tbe bishops, wbn
will then offer their official homage,
his notwithstanding the fact that
twice today the cardinals and mauji
nigh officials of the Vatican w-et'
through a similar ceremony.
The date upon which the corona
lion of Pius X. will occur has not(
oeen decided but the impression pre
vails that it will occur August 9.'
Although the election was over at,
II o'clock this morning and was
announced to the world forty-five-minutes
later by the appearance of
the new pope at the wind jw of St.'
l'eters,tbe conclave was not formally.
Dissolved until 5:30 this afternoon.!
The cardinals then leturned to their
rarious apaitments In Borne, wltb
the exception of Cardinals Bampoiiaj
ind Oreglia who temporarily retaini
tbelr official suites lo tbe Vatican and'
Cardinal Ilerreror EsrMuosa who Is
'too ill to be moved for several days. I
tt was to the sick cardinal that tbe.
new pope paid his visit after belngj
formally proclaimed pontiff.
The cardinals will remain In Rome
for tomorrow's ceremonies and should
the coronation be fixed for next Sun
day they are not likely to ieturn tot
their respective homes until after
Ibat ceremony. With the exception
Of the Spanish cardinal ilerreroy all
Liie others are now in fairly good
bealth.
The election of the patriarch of
Venice tbls morning was unanimous.
After Monday's ballot it was S
foregone conclusion that he was the;
only candidate sufficiently acceptable.
to all to secure the necessary two
thirds which the laws of tbe church
require. Oue of tbe cardinals said to
the representative of the Associated
press tonight tbat he believed Pius
X. would follow tbe broad lines of
Leo's poli y although not likely to
accentuate it. This voices the general
feeling here which is one of satisfac
tion. :
The new pontiff is a man of simple
origin and although not a very prom
inent candidate be has been fre
quently mentioned as one of tbe
many cardinals wbo might be taken
up as a compromise. In several re
spects he re-embles his venerable)
predecessor notably in bis reputation
for culture and piety. Having been
associated wltb no factions this fact
alone won bim much favor from for
eign cardinals wbo were without an
especial candidate. Pius X. was bu-
mortus'y described as "a country
mouse who could not possibly find
bis why about Home "
Venetians who know tbe new pope
say he will soon be as much beloved
as pontiff as he was yesterday as the
beloved patriarcL of tbe poor of tba
Adriatic.
In appearance Plus X. Is a very
handioiue man. He has a fine erect
figure despite his sixty-eight years
bis face greatly resembling that of
the late Pulllp Brooks tbe eminent
Boston divine.
Kills His Brother's Wife.
Danvillle III. Aug. 5. Dods Oais
rlngton wbo basaerved two terms In
the Indiana penitentiary shot aofl
killed bis brother's wife at Gaps
Creek near bere tonight. A few years
ago Carrl ngton killed a man at Grand
Grossing near Terra Haute and at
South Bend while oat oo parole soot
snd seriously into red another. Cer
rlogton escaped on a freight trsli
od tbe authorities are after his.
Tbe brotber has bora arrested.
J.
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