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About The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19?? | View Entire Issue (Oct. 13, 1911)
'UK NORFOLK WKHKLY NHWS-JOt'KNAL , FRIDAY. OCTOHKH 1H. 19J1. Dr. Wlllard Hayes Resigns. Washington. Oct. 7. Dr. Wlllard Hayes , chief geologlat of thiC survey and for twenty years Indenllfled with that service , has loslgned lo unto : mining in Mexico. She Sees n Burglar. At 11 o'clock last night the 10-year old daughter of Mr. and Mrs. I. J. Lnno , living with her parents on Park avoiiue between second and Third Blreots , wan frightened by a burglar who was evidently trying to force nn entrance Into the Lane homo. MlHB Lane heard the man prowling mound the benne and getting out of hod pulled back the lace curtains and looked Into the face of n man who was peering In at the window. Rho quickly let the curtains fall back Into place nnd cnlled her father. Mr. Lane went nut of tlio front door and came face to face- with the man. When asked what ho wanted the man re plied : "I want n drink. " "Why don't you knock and ask for It then ? " replied Mr. Lane. The burglar hurried away and Mr. Lane notified the police but the au thorities did not make any appear ance at the Lane home. Jack Hayes Found Dead nt Gregory. Gregory , S. D. . Oct. 7. A stranger , who It Is supposed came hero to rog- later , died during the night at the home of City Attorney Morrison. Mr. Morrison had thrown his homo open for the benefit of the visitors and the man who died , with three others , was accorded shelter. When I ho stranger did not get up an attempt was made to awaken him , and It was found that ho was dead. Dr. Muran was called nnd snld death was due to heart trou ble. No mark of Identification was found on his clothes or In his pock els , and the coroner. Dr. Overtoil , was notified. Later the dead man was identified as Jack Hayes , of Hald Knob , Ark. He Is said lo have been well known In Norfolk- . To Build New Power House. The Norfolk Electric Light and 1'ower Co. has decided to add fur ther Improvements to its property on Seventh street between Madison and Norfolk avenues. A now brick powei house Is going up , according to Man ager C. .1. llullock , who declares tin new hulldhic ; will be started at once Besides this new building the com pany has purchased a fiOU-kilowatt unit , heavy duty compound condens lug engine and three-phase gonoratot which will be installed hero ready foi the heavy winter work. This wll give the company practically thirteei times ' .he capacity it had ton years ago , ant' ' will more than double tin capacity nor maintained , 1 At present the llfiht company , in case of a break or accident , has but .one plant to fall back on , while the new engine will make two complete plants to pull the loads. This Information about the pur chase of this new engine was receiv ed by C , ,1. llullock In a telegram from bis father who is now in Chicago cage and expects to be in Norfolk Sunday , when the final arrangements for the construction of the new power house will be made. The new power bouse will be built around the pres ent one , the old one to be torn down when the new Is finished. ' * Norfolk Men Go to Church. Should a city of over (1,000 ( popula tion have more than 010 men in church on Sunday ? That is about the number of Norfolk men who attended churches in Norfolk last Sunday and Including about 150 farmers , made n total of 700 men in Norfolk churches of all denominations last Sunday. The German churches oC the city show n greater male attendance than the gen , eral run of English churches and the attendance of farmers is also more marked In the German churches thai in the English speaking churches. The Sacred Heart church and the St. 1'uul Lutheran church were evei in the attendance of men last Sunday each having about JF > 0 men in the congregation. The First Methodis and the First Congregational church es each had sixty men. The Chris Lutheran church was second In tin list with 100 and the 1'resbyterini third with seventy-five. The attend ance of men in the various ehuivhei lost Sunday follows : Second Congru gattonal , 10 ; TAon German , 30 ; Trin Uy Episcopal , 10 ; Church of Christ 30'Uaptist ; , 15 ; Emmanuel Evangell cal , 30 ; St. Johannes Lutheran. 50. It is estimated by one Norfolk mln ister that not 50 per cent of the da ; school pupils attend Sunday school. Great Rain In Northwest. Butte , Neb. , Oct. 7. Special to Tin News : Boyd county has just had on of the best rains that bus put in ai appearance for the past two years. 1 IB estimated that five Inches of rail has fallen. It will put the ground i excellent condition for fall plow-in and also bring the fall wheat up 1 : good shape. Great Rain nt Niobrnrn. Niobrara , Nob. , Oct. 7. Special t The News : One of the heaviest rain experienced in years began falling n 2 o'clock Thursday morning , contlm las through the day and Thursda night. The ground is thorough ! soaked. Many landseekers from ens * > rn South Dakota have passe through here on their way to Gregor and Dallas for registration. Four Inches at Sioux Falls. Sioux Falls , S. D. . Get. 7. During rain which commenced at 3 o'cloc : Thursday morning an aggregate c four inches of water fell. The rol was the heaviest for some years. ' . . great deal of damage was done t city streets and by basements boln flooded. Kubellk Insures Fingers. Now York. Oct. 7. Jnn Ivubelll the Hungarian violinist , who arrive Ity North German Lloyd Hnor Kroi nrlnz WHholm , brought with him h Strnd.Iva.rlus , which ho calls "Empe ! or , " ami which he HIIVR he bought In jOtidon for $ .111,000 and would not sell for twice that amount. He also mild 10 had the Insurance on his fingers ncreaMed to $235,000. He Is here for i concert tour of the t'nlted States ind Canada. Ills twins and his wife , who IH a countess , will join him later. To Solve Public Land Problem. HolHo , Idaho. Oct. 7. Former CJov. Irady of Idaho promised President I'aft to bring thirteen western gov ernors to Washington next winter to lulp him thresh out the question of lie disposition of the public domain. The governor did not elaborate on its Idea for the solution of the public amis question , but Mr. 'I'aft himself promised several audiences to do all in liln power at the next session of ongrcHH to have legislation enacted Hint will dispose of some of the dif ficulties confronting settlers on public amis. Such legislation , said the pros- dent , would not Interfere with the pol- ey of conservation. The principal grievances of settlers , the president found , tire the short time In which first payments for land are required , Lho length of tenure demanded of a settler before ho becomes owner of the land , and the fact that oven after flvo years title to the hind does not pass. pass.Ho Ho did not take up each Issue In detail , but declared that there was no reason to doubt that congress would Hot tie them at the next session. Mr. Taft spent the day In Idaho , waking up at 1'ocalello to "go ashore" from his train and make his first ad dress nnd practically closing the day's work with n speech to several thousand - sand people. Tnlted Slates Senator Itorah and former Gov. Hrady accom panied him In the trip across the state. FIRE IN CHAFFEE HOME. Starts from Fireplace Onuses Little Damage. Fire last evening partly destroyed a portion of one wall and a small piece of floor as well as some of the fire place In ( lie beautiful homo of C. L. Chat'fee , 310 North Ninth street. The fire originated from the fire place and burned through the wall from the dining room into the kitchen. When the firemen first arrived on the scene It was evident that the wall around the brick fireplace was burn ing from the top floor to the first story. Much care was exorcised by the firemen and only a little damage f was done by water. A hole was cut in tlio floor on the second story of the home and a big hose was inserted I and the water turned on. The second story of the Chaffeo homo was flllort with smoke and It was with difficulty that the firemen vere able to locate the blaze. The bsonco of the hook and ladder wag- n was a handicap to the firemen. A canister refused to allow the book ml ladder men to use his team and I hey were unable to find other horses. The Cbaffeo homo has just been ompleted and the family only recent- y moved in The loss is covered by nsurancc. SANK WITH ALL ON BOARD. Unknown British Bark Goes Down With All On Board. Boston , Oct. n. The sinking of an inknown Dritisli barkentine said tc itivo sailed from Bridgoton. N. S. , ofl bo entrance to the bay of Ftindy , on Sept. 30 , with all on board , was re lortod today by Capt. Goodwin , of the Isliing schooner Good Luck. SHERIFFS AFTER AVIATORS. Sunday Flying Against the Law or Long Island. New York , Oct. 9. Three Long Is . and sheriffs undertook to preserve be peace of the Sabbath by prevent ng Earl L. Ovington and Miss Ma hildn Molsant , two well known avl ntors , from making flights at the Nas snu boulevard field. The result was nteresting. Although the official flights of tin \ero club had been declared off , fol lowing a decision by the supreme onrt that Sunday meets at which ad missions wore charged were viola tions of the law , Ovlngton and Mlsi Molsant decided to make flights 01 .heir own account. Miss Molsant flew from the Nassai boulevard field to her hangar a Mlneola. and Ovington started on hi : proposed flight to the Pacific coas with a package of letters , having beei delegated by Postmaster Genera Hitchcock as the first trans-contl ncntal aerial mall carrier. Miss Moisant landed on the prop erty of her brother , Alfred Molsant and immediately a trio of deputy shei iffs tried to arrest her. Miss Motsant's brother said his sic ter had entered her automobile jus after alighting from her monoplan and that the deputies attacked he chauffeur ani\ \ severely clubbed bin when he refused to allow thorn t take the woman aviator from * the ai tomobile. ! n the fracas Miss Molsan had her wrist cut and was nine bruised nnd shaken up. The doputio ! had no warrant to make an arrest. . Ovlngton was forced to come dow near Belmont park when his inone plane nearly capsized in a squall. Th , deputies had lost track of him , an ho escaped the embarrassment whlc bifoll Miss Moisant. ITALIANS TAKE TOWN. Battleship Sends a Shell , The Turk :1 Capitulate. of Home , Oct. 9. Official dlspatchc li received hero sny : "Early Sunday morning tbo shir [ to of ihe first Italian squadron cntero ig the roadstead nt Tobruk , in Bomb Bay , where they found no Tnrkls warships. They summoned the garr son to surrender , but the Turks r piled with n flat refusal and uoiste the Turkish flag. "Tho battleship \Mttorlo Emmni Is I uol opened Hro. The first shots car rrlod away tbo flng nntl rantlo a larg break In the fort. Hear Admiral Au brey , comniaiider-ln-chlef of the fleet , then landed several efimpnnlos of ma rines , which after a short struggle overcame the resistance of the small Turkish force. The Italians occupied the fort nnd hoisted their flag. A few Turkish soldiers , who refused to sur render , were inado prisoners. " Slavery Is Abolished. Koine , Oct. 0. By Wireless from the Frontier The Italian authorities at Tripoli Issued a proclamation sup pressing slavery. Tripoli was the niily remaining port on the coast of Africa where slavery still prevailed , iiotwlthslandlirK the efforts of Great Britain and Franco to prevent the I raffle. Gen. Spingnrdl , the minister of war , went to Naples to supervise , In con junction with the Duke of Aoust , the organization of the troops for the ex pedition. Advices from Tripoli say that groups of Turkish soldiers are com ing In to surrender. The Arabs , armed at the last moment by the garrison with Mauser rifles , landed by the steamer Derna , are gradually return ing to Tripoli and offering their sub- mission. Their only condition Is that Italian commanders purchase their rifles for a few francs , which seems to show that not only arc the Arabs those at least In the vicinity of Tripoli not ready to fight for Turkey , but. also that starvation prevails among the na tives. More limn 20,000 of these , It IH reported , will soon be forced by h . ser to return to the town. It is not known how the Turkish soldiers , comprising the garrison , arc off for supplies , but it is believed they are near to the minimum. It is possible , however , that they may proceed into the Interior for the pur pose of arousing the Senuonssl tribes and have them proclaim a holy war against the invaders. KILLS HIS WIFE'S FRIEND. Husband Follows Wife to Friend's Home and Kills the Other Woman. Chicago , Oct. 0. John Tomnscheski followed his wife to the homo of a friend , Peter Gralak today , shot and killed Mrs. Gralak and mortally wounded his own 11-year-old daughter who had gone with his wife. Then he quietly waited for the police to arrest him. Mr. and Mrs. Tomasches- j ki , who lived on the northwest side of , the city , quarreled yesterday and ear ly today she loft her homo with the child , llor husband followed her to Gralak's home and began firing as I boon as bo entered the house. Strikebreakers Put to Work. Sedalla , Mo. , Oct. 9. Work on a much reduced scale was resumed In -the shops of the Missouri , Kansas & Texas railway here today for tlio first J time since 1,500 carmen employed by that system went out on a strike Sept. . j 21 ; . Fifty strikebreakers were put to work by the company this morning in the shops where 700 men were em ployed previous to the strike. There was no demonstration on the part of the strikers. Twenty men who were laid off by a retrenchment the day before the strike , also returned to work today. l DEMOCRAT RALLY AT NEL1GH. Allen and Stephens Open Campaign In That City Saturday. Ncllgh. Neb. . Oct. 9. Special to The News : 'Tho democrats of Ante lope county opened the political cam- 1'iign In this city Saturday evening at the Auditorium. The principal s-peakers of the occasion were Dan V. Stephens of Fremont and William V. Allen of Madison. Those occupy- ng seats on the stage with the speak ers mentioned were : U. n. Skinner chairman of the county central com- mlttee ; Attorney n. II. Rice. J. Q. In gram , candidate for county judge ind E. C. Nyrop , candidate for county MI perintendent. It was a remarkable small attendance that greeted these prominent men , nnd It was notlceil that a number of republicans were ir evidence. Senator Allen was the first spenkei of the evening and rererrod largolj to the constitution and that this judi cinl district should be represented hj an able and Impartial judge. This was Mr. Stephens' tirst ap , pearance In this section of tlio dis ( trlct nnd no doubt gave an address on the democratic principals whicl he Is delivering to the voters in tin various parts of the state. The speak ing was over by 10 o'clock , aftei which a banquet was held In the rooms of the I. O. 0. F. hall , to whicl i the local candidates as well as tin in speakers and prominent democrats nt tended. s- st Gas Wrecks a Plant. e Chicago , Oct. 9. Gas in a catcl basin Is believed to have caused ai r in explosion which partly wrecked th < plant of the Metropolitan West Sidi elevated road early today and causeu it n panic among 100 passengers on i train which was within n few feet o S the power house when the acclden occurred. The explosion tore a largi hole In the side of the building and i 0. piece of the third rail of the olovatei structure was hurled several huiidtei e feet. Five men , nt work in the belle room nt the time , escaped Injury. Miss Murphy On Trial Soon. Valentine , Neb. , Oct. 9. One of tin strangest tales ever spread upon thi records of the otate , a story of Hfi on the frontier , of primitive Impulse nnd of rudimentary Ideas of the right of self defense , is that of Cherry couti IS ty , which Involves four families pron : Inent In the section of which Cody i the metropolis. No melodrama ever conceived 1 the brain of Lincoln J. Carter en braces such tragedy and rude jUBtic as this. , There is the otornnl trinngh a woman and two men , jealousy , ui requited love , a lynching , greed , a ! ir the essentials of n dramntlo story. So Kunlco Murpjiy doesn't look the pni of n murderess. In the first place , she look * too \outi Although she Is _ ' ! she ha * thfu < e and the form of i girl still In her toons. Yet this inert * slip of a girl faces he very gallows , for. as County At- .ornoy John M. Tucker charges , hav ing urged incited Is the legal word i private lynching party , composed of iliroe of her beaux and her 19-year-old irotlior lo linni ? anolher of Eunice's beaux Charles Sellers , well-to-do ranchman , lo a telephone polo one summer evening. "There Isn't n doubt in my mind , " said Prosecutor Tucker to me at the 1'herry county courthouse , "but thai Eunice persuaded those Jealous suit ors to hung Sellers. She should ho as severely punished as If she had lulled the rope thai ended poor Charley's life. " Eunice's brother. Kenneth Murphy , a clean looking lad of IS ; George II. "Wood ; his brother , Alma Weed , two ilg stropping "cow punchers. " nnd Harry llealh. export "roper , " Eunice's cousin , admit they hanged Sellers. "Wo did It because he threatened lo kill Eunice and the rest of us , " they lold Sheriff C. H. Hossetor. "Tho girl Incited the men to hang Charley Sellers. She aroused the jeal ousy of the Weed brothers and Heath , and they , followed her bidding to make away with tholr rival. The girl did It because she thought Sellers bad a $7,000 life Insurnncb policy with herself as the beneficiary , and that ho had made his will In her fav or , " says Prosecutor Tucker. Sellers had been courting Miss Mur phy three years. She wore a ring he had given her. She accepted other presents from him. Undoubtedly the young ranchman was bead over bools in love with the girl- Plotted at Dance. The plot to do away with Sellers was hatched , according to the prose cution , nt n dance. Knnlce , tbo Wood boys and Harry Heath held a num ber of whispered conferences miring Intermissions , and Sellers , who brought Eunice to the dance , noticed there that night , says that while the boys were away Eunice told him that "the boys have gone over to string up Char\ey \ Sellers. " "When Harry and Kenneth return ed , " says McGcc. "I heard Harry toll Eunice : 'It's done. ' " 'What's done. ' asked Mrs. Heath. " 'Oh , wo hung Charley Sellers tea a telephone pole. ' coolly replied young Heath. " 'Something had to bo done , ' Eu nice added. " At daybreak Miss Murphy , her brother and Heath went to the little cattle town of Cody and to tbo homo of William Dunbnr. Thorn they told of the banging. iJnnbnr told the prosecutor cuter that "Eunice said 'she wanted to go along and help pull the rope , but the boys wouldn't let her. ' Add ing , 'I was to blame for the hanging ' " anyway. Dnnliar ale s-ays that Eunice asked him that morning to go down to the Cody bank for "some valuable papers belonging to Charley. " Turning to her brother , who was worried , sbo added , according to Dnnbar : "We will soon have plenty of money to defend this thing with. " Dnnbar didn't get Sellers' papers and then Eunice herself made a de mand of Cashier H. B. Skeen with no better success. "It was probable , " explained Prosecutor cuter Tucker to me , "that while Charley was courting Eunice lie told her that he had made his insurance payable to her and had made his will - in her favor. "But both will and insurance poll- dps were made payable to Sellers' brother and father. " At noon the next day the men were arrested and rushed to the jail nt Hushville under double guard to ave-rt , another lynching. They are held for - first degree murder. When the details spread Eunice Murphy disappeared. Her friends gathered all her potographs , Includ ing negatives , hoping , it is said , tc save her t'roi.i discovery. Sheriff Hos seter learned that she was witli friends in Independence. Mo. He went there , but she gave him the slip. Then when Rosseter prepared a hot pursuit , her lawyers persuaded her to rlve herself up. At the preliminary tInl the people . quoted appeared as witnesses for the _ state. Miss Murphy's lawyers waiv ed and Judge Qulgley held for her In citing to murder and refused ball sending her down to the basemeni cell in the local jail. There was talk of ball , but the r judge . * nid that If he had releasc-c Q , | her the women of Valentino woule have driven her out of town. e But one time has this unfathom able specimen of womanhood , or girl hood , shown any emotion , or beer j other than a carefree , happy Individ u' ' mil. That was during the prosccu n ptor's p terrible * arraignment , when In 0 denounced her in unmeasured termi e' ' tis the mercenary murderess of Sell d ers. She was carried , half fainting to her cell. if 13,194 Have Registered. Gregory , S. D. . Oct. 9. Special t < The News : Morning trains brough large delegations from Nebraska Iowa , Kansas and Missouri. Total ti date , 13,104 Gregory , 0,002 ; Dallas 3.29S ; Chamberlain , 2,5i" ! ; Rapid City 1,297. Out With Lie About Elliott. West Point , Neb. . Oct. 9. The at tack made upon James C. Elliott , re publican nominee for congress fron the Third Nebraska district , pul Hshed In the Sioux City Tribune un Jer date of Oct. f > , nnd purporting t emanate from Lincoln , has caused i smile of amusement in both dome In crntlc and republican circles nt Woa Point. The screed Is n labored ni tempt to show that the so-called pn grosslvo element of the ropubllca party In the district resent Mr. E llott's nomination , and on its fnco hi trays the earmarks of the democrat ! rt machine , although U is disguised I "progressive" clothing The writer uratultoiisly assumes and asserts that Mr. Elliott will be o\er- whelmliiKly defeated , the wish being apparently father to the thought. From the knowledge already gained of the feeling and attitude of large numbers of democrats in this district , together with the avowed cordiality > f the republicans , this statement would seem to be very wide of the mark. The article referred to was shown to Mr. Elliott this morning , and be was asked to reply. Tlo stated , In reference ) to the numerous charges ind mis-statements of fact contained therein : " 1 assert most emphatically that at no time did I oppose the nomination > r election of Gov. Aldrlch. The flies of my newspaper will conclusively prove thison the contrary my Biip- [ Kirt of that gentleman was so hearty nnd sincere that It evoked words of approval from the press of the state. These press comments were filed by me and are now in my possession. Respecting my advocacy and support of the direct primary law , 1 may state that I was In favor of Its enactment as desired by the people , and the same Is true of other projected reforms In the advocacy of which my solo aim was to strengthen the hands of Hie people. The same Is likewise true of my attitude on county option , and I challenge anyone to produce proof to the contrary. My stand on this ques tion was so unequivocal that it ellellpd words of commendation from out spoken prohibition newspapers. " Regarding the assertion as to Mr. Elliott supporting Mr. Dahlnmn , It is only necessary to state that , in face of tlio returns and the Immense per sonal popularity of Mr. Dahlman in this county , it took a high degree or moral courage to take and maintain the position in support of Gov. Al drlch which Mr. Elliott consistently sustained during the gubernatorial campaign. During tlio struggle of last fall the Dahlnmn sentiment in Cum- ing county was so strong and over whelming that his supporters freely offered bets at great odds that he would carry this county by 1,000 or upwards. Mr. Elliott's uncompromis ing attitude on the question aroused much personal hostility from the Dahl- man supporters. That gentleman's majority hero was less than 800 his friends lost their money all due In largo nioaaiive to the determined stand taken by Mr. Elliott in favor of Aldrlch and county option. The tissue of inlsstntemcnts con tained in this article is so crude and gross as to inspire disgust even among democrats , the fair minded of whom know tlio facts to bo wholly different. Under ordinary circumstances this attack would pass unnoticed and its source taken into account , but , the charges are made specifically so that a like specific denial was deemed nee- ? ssary. Dr. W. H. H. Hagey Dies Suddenly. Dr. W. H. H. Hagey , one of Nor folk's oldest and practicing physi cians , dropped dead in front of tbo Norfolk postoffice three minutes after midnight Sunday morning. Apoplexy , is given the cause of death. Dr. Ha- gey went to the postoffice to mail letters for his wife when he was stricken. Besides the widow he leaves a daughter , Miss E. Johannali Hagey , librarian of the Lincoln li brary , and one son , Charles II. lln- gey , of Los Angeles , Cal. The fu neral arrangements have not yet been made. - Dr. llngey was born in Montgomery ' county , Pa. . Dec. 5 , 1S41. Ho came to Norfolk in ISbS from Pennsylvania Dr. Hnuey was secretary of the Unit ed States pension board of this dis trict ; .secretary of the royal mystic legion ; examining physician of the A 0. U. W. ; member of the Elkhorr Valley Medical association , of whicl he was president and for many years treasurer ; and a member of the Ma sonic lodge. Mrs. Hagey had answered a few letters tors and hae' ' them ready to mail. Dr llagey picked them up from the table nnd remarked that he would wal ! < across the street and mail them Ir order that they might go out on the early morning mail. Ae he put or bis coat he took out his watch tf wind it and remarked to Mrs. llagey "Do you know that this Is Sunday' It's exactly midnight. " Ho then went to the mail box neai the entrance to tbe poslofflco am dropped the letters. Then ho ! et fal the door to the box twice as n signa rl tov Mrs. Ho trey , who was waiting foi J him in his o/fico across the street I The signal on the leter box < s oni i-1 which has been understood betweer I-1 Dr , nnd Mrs. Hngey for a number o a' ' years. Mrs. Hngey beard the signa and prepared to retire when sin heard a sound as if someone wen groaning. Opening the front door sh < called to her husband , thinking In had gone next door where she bellev ed a neighbor lay 111. Receiving m answer she looked toward the federa building and heard the groans iron that direction. Seeing the shndov on the board approach to the sldewall in front of the building , she went ti sue whut It was and found her hus band prostrate. He breathed thro < times and then passed away. Dr Brush and Dr. Tashjenn were callei and they declared that It was t-ltho apoplexy or heart failure which caw ed the det'th. Dr. Brush in more In cllned to believe It apoplexy. Miss Hnpey arrived from Liucoli Sunday afternoon. Dr. Hagey was founder of the He gey institute , a sanitarium In whlc the liquor habit was cured. The funeral will be held from th First Congregational church , , but th time has not been set. Mrs. L. B , Mussclman Dead. After a prolonged Illness. Mrs. L. I Musselman , former grand matron c the Order of Eastern Star in Nobrni ka , died at bar homo in Norfolk. 130 Norfolk nvoiuio , at 0 o'clock Suuiln eaten a particle of food for forty day , being kept allvo on water and blood stimulants since Au . 30. She had been hcdfn.nl the last seven weeks , though 111 for a year. R was thought the funeral would be held Tuesday afternoon at 2 o'clock. Mrs. Musselninn was 01 years old and Is survived hy a husband and three children Harry E. , of Shelby , Nob. ; Mrs. 12. E. Konne'dy , Omaha ; Mrs. Ida May llurford , Omaha. Mrs. Mnasclmnn was grand matron of the Eastern Star In 1S93 and 1S9-1. She has several times been n deputy. She had lived In Norfolk ton years. Mrs. Musselman was born at Ft. Jef ferson , o. . Jan. 1. ISfiO , and married Dec. 21. ISOfi. Funeral son-Icon will be conducted In the First Congregational church by Edwin IJooth. jr. , at 2 o'clock Tuesday afternoon. Interment will he made In Prospect 11111 cemetery under the Eastern Star ritual. Members of the MiiKonlc lodge will act nn pallbearers. Mrs. Katherinc Nlcs. Neligh , Neb. . Oct. 9. Special to The News : Mrs. Kntherlno Nles died at her homo nt Oakdale late Satur day evening after a long Illness of curvature of the spine. Mrs. Nles was born In Bas Jchtn , Franco , April I , 18i. : ! ( The family are among the oldest settlers of Antelope county. Funeral services will be held tomor row afternoon at 3 o'clock In Oakdnlo at the late home of the deceased. MI-H. Nles Is survived by a husband , throe sons nnd two dnnchtcrs. Mrs. Edgar Elliott. Neligh , Nob. , Oct. 9. Special to The News : Mrs. Edgar Elliott died yesterday morning in tills city after a short Illness. Funeral services will be hold at the late home Wednesday afternoon. STEALING RIDE , BOYS DEAD. Burlington Freight Wrecked East of Lingo , Mo. Six Boys Dead. Hucklln. Mo. , Oct. 9. A Burling ton freight was wrecked half a mile east of Lingo , Macon county , Mo. , about 7 o'clock last night. Six boys from New Cambria and Bevler , Mo. , are reported to have been killed. They were stealing a ride. Floyd Summers , of New Cambria , is known to bo dead. The other bodies are thought to bo under the wreckage , Joe McKay Gets a Second Trial. Lincoln , Oct. 9. Special to The News : M. F. Harrington's alleged unsolicited interference In the McKay murder trial in Antelope county is one of the reasons given by the supreme court for its reversal of the verdict whereby Joe McKay was found guilty of the murder of Albert Brown. Har rington assisted the prosecution with out being requested to do so hy the county attorney or being appointed by the district court. The court also based its reversal on the ground that the prosecution flaunted before the jury bloody gar ments that proved nothing more than that a murder had been committed Other errors are involved , including the permission of the trial court thai - the date of tlio crime , as charged in the indictment , be changed from Dec 7 , 1910 , to Dec. 7 , 11)09. ) Judge Faw cett wrote the opinion , Judge Letton dissenting in part. The Court's Ruling. - 1. An Information is fatally defective ive If it charges the commission of the offense as subsequent to the date upon which the information Is filed 01 on an otherwise Impossible date. 2. And in such cnso it is error foi , the trial court , after permitting an amendment curing such defect , to require quire the accused , over his objection to immediately proceed with the trial without arraignment under and pleu to the only Information filed whicl : s stated an offense , without giving bin the statutory time In which to plea < thereto , and before a jury which haci been Impaneled under a void Infornia tion. 3. Where one accused of n felon } Is put upon trial under an informa tlon void upon Its face , and , after tria is begun , the Information is amended and the trial proceeded with , held that the accused is not thereby plncec : in jeopardy a second time. ' 1. Under the provisions of sectior 2 , chapter 7 , the compiled statutes private counsel can only be permittee to assist in the prosecution of a per son charged with the crime of felony when procured by the county attor nov , under the direction of the dis trict court. 5. And an order by the district couri at the opening of the trial , tliat an nt torney appearing as private prosecutor cuter , under the employment of out side parties , is "permitted" to assis In the prosecution , is not a compli ance with the statutory provision. 6 And when timely objection ii made by the accused to the particlpa tlon of such private prosecutor in tin prosecution of the case. It is error t < overrule such objection. 7. An accused in a criminal prosecution tion is entitled to a trial upon com pete'iit , relevant evidence ; ovldonci which at least tends to establish hi guilt or innocence ; and evidence whle-1 has no tendency , but which , if effect Ive nt all , could only serve to oxclt < the minds and Inflame the passions o the jury should not be admltte'd. Judge Letton Dissents. Judge Letton In dissenting from th holding that it was reversible orro to permit other counsel to assist th county attorney , says ho believes th : opinion * on this point is opposed t < former decisions of this court and 1 n nlnst the weight of authorltj "When the county attorney allow private counsel to appear with him , says Judge Letton , "and assist him I : the trial without objection , it is clon that he desires his assistance , othoi wisp he could summarily dismiss bli from the oaso. and when the fact the such counsel Is employed and Ills a : slstanco is desired by the county n torney , Is expressly known nnd per milted by the court , its the record shows- the defendant cannot com plain. " Nellph. Neb , ( VI. P. Joe McKay v.ns conUeted In circumstantial ovl denco for the killing of A. G. Blown on Tuesday. Deo. 7 , 19(19 ( , at llriuiH wick , and v.as sentenced to llfo Im prlHonnient. Attorney O. A. Wllllamii of this city nnd Senator Allen of Mad laon were the legal advisors for Mr. .McKay , and M. F. Harrington of O'N'eltl and J. W. Utco of Neligh rep resented the stale. Mr. Williams staled yesterday that It was Impossible to give any accurate Information when the cnso would again bo called. Omaha Team la Outplayed. Although giently outweighed by Hie visitors , the Norfolk hlKh school foot ball team played the pluckiest nurl of a game here Saturday afternoon , snow ing superior science at c\i-ry stage of the struggle. HeM. . C. Coletmne , Norfolk's coach , declares flint If li.-f ei-ee Dan Ringer had luutun the rnlrii of the game Norfolk would ha\e won Twice Mr. Cole-grove tniVHtciied to take his learn off the field IICCIIUHC < ir rank decisions. The Omaha lads UM.-.I . the dirtiest tactics ever seen on tin- Norfolk gridiron. They slugged In- quelltl > . Their team was peliali.ed fho times for foul plays , while Nor folk never was penalized. The flnui score was II to 0 In favor of Omaha , which was \ ( finally a victory for Nor folk when the handicap of twenty rue pounds to the man is considered ! . Referee- Ringer carried a rule book in his hip pocket , consulting it upon miny occasions , but not. followlnn it losely enough evoii at that to m\e air decisions. It Is claimed. Omaha used the forward pass fn- inentlj. A number of Norfolk's ln < k days , which had been worked up with treat care , we-ro useless because ( lie efere e allowed the Omaha team to ? et offside and block the play in irs 'urination. The first touchdown was node during the first three minutes ) f play , Omaha missing a goal. The ie\t was in the lust quarter , Uecior Licking goal. Omaha's goal was twice- 'inlangered. ' The lineup : ' * * Norfolk. Position , Omaha. Odlorue 1 , o Smith Ivoerher r. e Gideon Uuulers r. t Golden Fisher 1.1 Ilachnian McWborter 1. g Ilallnmn Lucas r. g Pctermnr Hlbben center Mnldrlgo 'arisli quarter Selby ' 'mery f. b Hector Logan I.h MnniieUc Keleher r. h Bowman Colegrove coach Burnett Omaha substitutes Carlson , Mil lard , Crocker , Bitteiiger , Delemeter , Mosler. Jleferco Dean IHnger , South Omaha. Umpire Supt. Tyson. Tim ers Thomas , Norfolk ; Hoed , Omaha. Linesmen Ersklno , Norfolk ; McFrr lane and C'hase , Omaha , Atkinson 6 , Neligh 0. Neligh , Nob. , Oct. 9. Special to The News : The first football of the season was played hero Saturday afternoon at Riverside park , between the high school boys of Atkinson and Noligb. Weather conditions were ideal , and a fair sized crowd turned out to see the game. Four quarters were pla > ed , and not until ( be lirst half of the last quarter were the \is I tors able to secure a touchdown , and this was accomplished by a forty-yard run from the field by a forward pass made by Jenkins of Neligh , who landed the ball In the arms of the Atkinson player , which was Intended for one of the home boys. Although the visitors outwt-iglieil ( be Neligh bunch to a man , the bull was continu ally in Atkinson's territory. Store : Atkinson ( i ; Neligh 0. Following is the lineup of the play ers : Atkinson. Position. Neli-h Fleming. . . . . . r. e. . .II. Miller Stratum. . . . . . . r. t. . .G. Miller Moss . . r. g. . Luusti mil Roche center . . .Buhner ! MUno.r 1. B. Peterson-Hunt Blackburn J , t t'oni-.T k-kerson 1. e Lazott quarter Van A' ' ! < n Bliff 1. b I'm--II Ruyiner f. b Van Kirk Dpnnelly r , f Jenl.ms Umpire , Prof. C. A. Mohrman. No lish ; bend linesman , Coach Griffiths of Gates aejsdamy ; refe-rec , l > di > ss Moulton of Atkinson. Wayne Normal 10 , Madison 0. Madison , Neb. , Oct. 9. Specinl to The News : The Wayne state normal football team met the Madison high school team on the Madison gildion , Saturday afternoon with n score of 10 to 0 In favor of the Wayne nor mal , f The lineup Is as follows : Madison. Wa > ne Normal. Robertson . . . center . . . Liederman Oberg r. g. . .Whlttenbiller Carsou 1 , g , . . . Lnmboi.-ori Smith r. t Maw Dobson 1. t Barker Loonier . . , r. e. . . . Cartwiight Hobbs 1. e Lew is Sknla r. b Doc-ring Faes | . h Foster BaUch quarter During Schmidt f. b Cross The game was remarkable for for ward passing by Madison boys. The sensation of the game was Cres/ : line plunging , and runs and all around playing. In fact , ho played the game for the Wayne normal boys. Another feature wag the punting of Smith of .Madison. Madison ends recou-md five different punts. There were two touchdowns with no goals. Officials : Huntemer of Wayne normal and Find- ley , principal of the Madison high school. Other Football Scores , Minnesota B , South Dakota 0. Nebraska 117. Kearney 0. Chicago 23 , Indiana C.