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TMF. I.UnnOTK AVAI.ANCI IF., FRIDAY, AUGUST II. 1922
TF5.IM0NY BEGUN IN THE HOUSTON UPTON TRIAL NOW ON -i u T.imnnv in i urniiiiiii, - . k. ,. st.. nf Trim vs. uniivinM ninn in. tlm rH i ' .. ".V ...ii murder n ;"neetion wren ne ,. Ing of (.lady -'. ''l. . ! County i.n the morning of -lirunry 17. was hcnm in the District i.ourt hare thin morning before District Judge Henry S. liishnp. The jury a completed Monday vemng. after sixty-eight of the 115 veniremen had been examined. The jury is i'onioHt'd of I'. F. Weaver, J. M Aeord. K. F. Weidmnn, J. W. Bland. J. I. Tope, T. R. Adkin. W. A. Gentry, J. W. Gatewood,,W. A. Black, and lien Hcntley, farmers, Krcd .tallew, automobile mechanic and J. C. Stlai k, printer. Insanity will be pita of I'pton in the trial, it it understood, and no intimation has been made as to whether he will take the stand on bin own behalf. The prosecution will ask for death penalty, it wan indicated day. Two witnesses were placed on the to- the land by the State dining the morn ing session. Sheriff J. A. Griggsby of Floyd County, and Vera Wilson, star witness for the prosecution and an eye witness to the tragedy. Miss Wilson completed her testimony bout noon. Sheriff Grigp-by testified to the effect that he was called to the L'mberson home "n the morning f February l!7tri, aho-it fl.3H o'clock. nrl made nn examination of the rircitmst.inces surrounding t he j death of the two g'rls, Gladys Solo mon and Nell l'mberson, which was a niy-tery until the father of Hous-I ton I'pton appeared and nid he had ; found his son, Houston, probably j mortally wounded in the school house on the l. moerson larm. i nr ooy aid he had she t himself and also confessed to k-.lhng the two girls, the iheriff said. Me also testified that the boy refused to jrive any reason for kiliirir the two Rirls. Vera Wilson testified that on Sun day evenirir she left the H. V. V. U. me-tmjr at the church in the vicinity of the I'mberson home in company -ith Gladys Solomon, Nell L'mberson and Kenneth l'mberson. and that thv. the i;ur.et had walked about fiftv vnrds from the church. Houston llnton anneraed and atated h want-'ton d to talk to Gladyn. Houston I'pton and Gladys Solo mon then left the others and walked llome together. M;s Wilson testified, and met the o'hers at the irate of the l'mberson home She said I'pton'a attitude indicated that he was angry. She alo testified that she later saw Giit'lys Solomon in the house weep in if b'lt that the grl refused to tell why she was weepwff. SHEET MUSIC PUVYER ROLLS V1CTROLA NEEDLES RIX'S BiR Spring, Lubbock THEY'VE PROVEN BEST BECAUSE THEY'VE STOOD THE TEST YOU GET HIGHEST QUALITY WHEN YOU BUY ECLIPSE WINDMILLS EcIipM WindmHla Pumo More Than Any Other Power ECLIPSE WINDMILLS govern themarlvra perfrclly in all kimla o( winJa. Dy meana of a weight, natuie'a own lorce, ravily. ia ueJ to keep the wheel (acinic the wind. When the wind become tio alronn. the wind preaaure a furce of the wind. There are no pnnu to wheel away from the wind and ruta olf ih olrce of the wind. There are no apring to weaken or break, just when the milt need governing moat. Material ued in Eilipae Windmills ia the hiKhel grade that can be gotten. Wood pit are of the toughost, yet liuhteM wood thai ran be ured. Ample provision ia made for oiling every woiking pari. THE WESTERN WINDMILL COMPANY I'koi. l.'T AT ClJRENDON:, Miss Wilson testified further . she was awakened during the nijtht hy Gladys Solomon rry.ng "n" hi., n't nhiinl n ! st) . - ion l an. inoi . hpr she she ltt(.r heard three gun shot uml . . f . sh also saw the flaHh of the run. She testified sb recognized the voice of Hoti.ton I'pton talkniR to Gladys. The witness was calm and confi. dtnt during the time she was on the stand and seemed to have no doubt as to the correctness of her conten- uttered by Houston I'pton regard-; tion that she recoutiired Upton's ing u ring given by him to Gladys vCf4 I Solomon, nis s'vei'tiieart, caught the . Houston Upton was Irt yearn of 1 attention of the spectators at the age on January L'O preceding ths tro-i Tuesday morning session of the Up gv,y. ' ton murder trial. I'pton was found in a school ho'ise ) GirPi Brother Testifies. j located about a half mile from the' Kenneth l'mberson, Ki, brother; l'mberson home, about daylight on; of Nidi t'liiberson, who. with Glady.s I the morning of February J7 follow-; ing the shooting which tooK place in me tnioerson nome ine niirni oi about 4 o'clock. He was wounded, . Feb. L'7, testified that young Upton; n bullet wound through his left side I had made this remark. He also tes- in the region of the heart. He was'tified regarding the 11. Y. 1". U. meet- i taken to a hospital ujt Floydad.i. 1 mg at the Sunset school the night of ( o.h..r it win believed for a number the tragedy. Gladys and Solomon of days he would not live. Gladys Solomon, tor whoso mur. der young I'pton is now on trial, was l.'i years of age at the time of the tragedy, and Nell l.'niberson, who also was a victim of the tragedy, was 14 years of age. Vera Wilson, age 14, also was a visitor in the l'mberson home. About seventy-five Floyd county residents have been subpoenaed and are present to testify in the trial. A large number of thesi- are character vdtcc-.-cs. Upton is being defended in the trial bv A. H. Martin of I'lainvievv, Kerneth Hum. I.tibhoik. and W. T. Link, ('lanoloii, .lud:re A Fires of Childress. F. A. Simpson, I lareiidon. A. T. Cole, Clarendon, listrict Attorney I.loyd Fletcher, Amanllo, represents the prosecution. It is expected the trial will be completed by Friday night. The State rested Its cii'e Tin- afternoon and the defense began ef forts to show that young Upton suf fered from a form of insanity pecu liar to your.g persons rearing nia tnr'ty. The S'ate attorneys never showed whv Gladvs cried after leaving Up- at the gate of the l'mberson home several hours before the mur der. and after they had atten-lcj a I B. Y. P. U. meeting with other young; p(.ople of the Sunset community in Floyd c.unty. ...... ..!.. ..f ., rifiv or... ,.-ll IIM. .-- LI.,..' - ' I ..ni 22.214.171.124 tn C.lndvs bv Ken-i net h l'mberon, brother of the slain j I girl, that apparently caused 1 trouble, as Houston is said to I remarked "be would get the the have ring I no matter what it cost." j ll of th witnes T'i'sdnv ad- I nutted that Upton had been raised well and as far as they knew was a good, mora! young man. HovnWrr and Fall. I.... l'...K.......t, Mo..th,r brother of. N II, said that he had seen Houston with a revolver, but it was in the I p j ton residence. . i He also testified regarding a fall in urliich t'lit.tn tntf'k. ni, n((), Kev. M. G. French has been ap 1r. Smith, the grandmother, w ho ! pointed to takecharge of the Catho : i',.,i,..r.,.n hr,. thm nit'ht lie Church of Slaton. and will eon- '!. .i..r h...l ...n vnmi t.,n mnv times and never noticed a. ."I.i.t. n anything wrong with him. Attorney for the delense, in open- !.. .v....- nolo nf ih . announced thev would call physicians W..UOI inil ,.l-.. .nun. r,. . ..I. I ....II . I. . . .. i .. n .tim1!. . 1 it, nurses, h minister and others in their efforts to show the accused was a victim of insanity, and at the time of the crime and for several weeks afterward, wus mentally un balanced. The courtroom waa filled to over- A USM .... Water. For Lcm Money, tor I flowing Tuesday. 1 Floyd ttnil othr i vii'fl with Donley i in getting inidc spectator from nearby counties County r- i I f n t iiml lii-nrinir the sordid details of th crime uml the event lh;it led Ut to it. May Not Tali Stand. Young I ptoii, (hi- son ft a Floyd utility rancher, went t school with I (iladys Solomon and other princi pals in the case. Miss Solomon wa that I nin sweetheart, ami he escorted her to the I mlnTnon home, where she . 1 !Li . I 1 i -; - ; . February L'7. He take the rtnnd. 1 he case win protianiy go to ine jury Wednesday night or wtrly Thursduy. "I'm going to have that ring, no mutter what it costs." These words, alleged to have been Solomon, was shot to death in bed walked to the l'mberson home to-; evther and Houston left Gladys at ihe gate, he said. Glady was crying when young l'mberson found her. Vera Wilson, II, who v. as in bed i w ith the two girls when they were killed, spc.it an hour on the witness; stand. She toyed nervously with a, fan as she slow ly gave the details of j she night upon which the lives of; her chums were MlUffcd out. After the meeting the girls went i to the Culberson home to stay all tni'ht. Sometime during the night Vera awoke and heard Gladys nay ing "lon't shoot, please don't" to some intruders. The girls went back to sleep with-1 out arousing the L'mberson family j and too frightened to get up and j . lo-f a door that hail been opened.! Later three shots awakened era, she declared. A voice w hii h she said w as Hous- 'ten Upton' asked. "Who are 'ou," )y!nd pulled at Vera 'a hair. She then' cailt-'l lo memoirs oi ine i ninrrvm family Troubla Not Mentioned. Attorneys for the defense brought out the fact that neither Vera Wil son nor Kenneth L'mberson had told officers after the tragedy of the trouble between Gladys and Upton and that the girl did not tell of the u'siiironncr in.-ir room to the shooting until after L pton had ''en arTc-yo. J. A Grigshy county was the sheriff of Floyd first witness called. .. , He n d of investigating the mur finding Upton in the school er arid hotise ess than a mile distant, dan gerously wounded. I'pton admitted -hooti-ig himse'f and the girl the sheriff declared. He showed two -mall -fntish t of Gladvs S-.b-mon in compuriy with other girls found in Upton's pockets. A strand of hair unlike either the hair of Gladys Solomon or Nell Umberson was found dinging to the Lsd's tout sleeve, the sheriff said PRIEST APPOINTED FOR CATHOLIC CHURCH OF SLATON a Kev. l'i-lduct mass each Sunday at K and 10 m I W,.v Krnch is well known thru- out Texas, and the church directors feel that they have been fortunate el that they have been in securing nis services. All Catholics oi Lubbock are in vited to attend services, and Jiev. French will be glad to become ac quainted with every member in Lub bock county. t'hurch Reporter. Como to Lubbock. . .r.f r Create Number of Year. . , , '-"T-fss. ' . II An Advance Presentation of the Mode for Fall COATS and DRESSES Women who arc thinking in terms of economy will be interested to know that PEGGY PAIGE Coats and Dresses of unmistakable Superiority may be had at prices that belie their style. Each Dress or Coat bears the Peggy Paige label, which guarantees you satisfaction. RE SURE TO DROP IN TO SEE THE DELIGHTFUL NEW STYLES A. B. CONLEY, JR. Quality and Service Lubbock, Texas KANSAS CITY MARKET K.'ins.-n City Stock Yunli, Aupift 7. Cattle receipt" today were 27,-' 00", the largest supply since lnte ' (V lol.cr last yrar. Prices, though Uwer incrcut-il the rencrul il-mnml, lit I then- was a fairly ifool tone to the trade. C h . i e flit eattlc were' arre. (Iras fat grades predomin ated. A sharp decline at more Kas lern markets weakened hop prices here for a L'O to ;i(t cent de.-lino. Sheep and lamli were quoted steady to 2") cents' lower. Tod' Recaipli Receipts today were 'J7,l00 cat tle, 11, (Hli) ho anl SOiii) fheep, . iimpared with 1 7, (MM) rattle, i,UO0 hojrs and 7,000 sheep a week upo and 1 00 rattle, 7,;(M) hofra and 10,400 nheep a year apo. Barf C.tlU In a liberal run of cattle from Texas, Kansas, Oklahoma and Min--ouri, jrra.i fat (rrades predomina-f fed, anii prices ruled lower. The larire receipt however attracted de mand from all sources and the vol ume of trade was larife. Grasps fat clauses, lioth butcher glades and steers declined 15 to 25 cents, and1 full fed Rteer were scarce and near-! ly hteadv. Short fed kinds were ' lower. Jtost of the grass fat uteers Wrought $5.50 to $8.00. Those be low $6.25 were ordinary quality, i l-'ed steer sold up to $10.35. (Jrass fat cows sold at $4.25 to $6.25. A ; few choice veals sold hiirher, but) the jfcnral market was weak. I Stock!- sad Facdara i Liberal arrivals of thin cattle, brought out a large demand and prices held nearly ateady. Iowa, MiicHouri and Illinois after buying freely last week were in the mark et again today. Indications are that the corn belt will need a large num ber of thin cattle. Hoi. Hoir prices were 20 to 30 cents lower than laat week'a close. The top price waa $10.15 and bulk of sale $9.40 to $10.05. Pigs sold up $10.75. Sharply lower prices in the Kast, together with a slow demand from shippers caused ths decline. Country buyers continued to take all ths thin hogs and pig offered. Sheep aad Lambs Sheep were nearly steady and lambs 25 cents lower. Colorado 1 and native lambs sold up to $12.50.; Most of the good fat ewes brought' $6.25 to $6.75, and Texaa wethers j $7. Few feeding lambs armed but prires were quoted steady. Horses d MUa About 250 hones and mules were in sight for the two day auctions. IVicea were not quotably changed ' though there waa a better feeling, in ths trade. I CHAS. M. riPKIN. j Market Correspondent. , No Worms la a IWalthy Child All rklMraa nilM Ma W saw hMiilm . aim a uui sum ena tk4. s4 r il. ihvra Is nr k-M Hon a,a aiMaihaara. i.HuVt S la.MIL! Vi chill 1UNKJ .vm tuiaii? I Inat hv m It U ffrW h Ilia hbaat. IMH rnidiMMi.i,lt.1 asatalneia- i.4l .IT tufia ha ttlrm. Ni aul !! ltM mH m . Ka ! ana aui ha M ksnk flwuHaliU M kutll Mrs J. J. Cliniioiry and daugh ters, H'uld. ne, I-'re.id.i. f arh Maud Mid ( Ilia I'a il, "d Mis. ha.in. V ne lii , James (limtnol of I ol.t'ih k, pent tioUv n,;li III ll'lan "Oh Mrs, I. A. loil d A. C. C. II n hiid rnvl 'i.aii ill Imm fneii.J' '1 t.v v tad Inn t Abilene ti t.il' hUiiin a. 1. 1 n en Ihur a )...inv. ,.tdii AiUanie, fashioned by Ask Your iUTTERFLAKE The Loaf And you will get the loaf that makes the meal a pleasure. More bought by discrim inating people in this section than all others combined! Martin's Bakery Cold Drinks Pastries and Whitman's Chocolates DRY GOODS AMD MILLINERY STOCKS BEING PURCHASED Mr. and Mrs. Ernest Conley, and Mrs. Abney, of the Conley Dry Goods Company, are in New York buying fall and winter merchandise for the store, Mrs. Abney making purchases for the millinery depart ment, while Mr. Conley is buying for the other departments of the fast growing dry goods business. They will spend some time in both New York and Chicago before the complete selections have been mado. Tho Conley building, formerly occupied by Barrier Itrothers De partment Store, is being remodeled to accommodate ths Conley stock, and will be occupied aa soon as that work is competeld. Some of the new goods which havs been turchnsed by Mr. Conley are arriving, and the entire fores is making haste in getting it properly arranged for inspection by their many customers. NOTICE Noli.-e is hereby given to the pub ic, tbat J. N. Morrison is sole en- i r, and tn control and management of the l.ubbix k Creamery, and no i one es ept -aid J. N. M.irs-ti ! . any riclit or authority to riake any contra. I on behalf of said t Irani-i ry. ! iZ 3. N. Morrison. M FoipieM and Romda Slul- t .n, i f Uolan, are in a I al sanl t4imm under the vara f a lliroal v... ls.ll. Ilry rn at on ll'nsj I.. .I.l.l if I III. bo. k, HllIC t.l hrr,; II I . Mi.). .m, laviof at I icm , Is-rii I nisiiNiiwr f the In-U-i to). .it in I h h I'xj aia ' t r , H..I..I Grocer for Delicious YOUNG BUSINESSMEN IN MARKET FOR FALL COODS Clifton Lindsey and Gerald V. Smith, of tho Texas Variety Store, left Saturday for Dallas, where they will spend some time- purchasing pnods for their 'tore, leaving thers Wednesday for Oklahoma City, Kan sas City and St. Louis, to continus purchasing goods for their fast growing business. Mersi. Lindsey and Smith ore two young men who are proving the falsity of the old theory that long whiskers and a series of tens of years are ne esaary in the making of real business head, evolving many original sales plans, which they put into practice successfully, Prov ing themselves businessmen of ths most expert rlasa. The Avalanche i proud of Lub bock's young businessmen, and ia glad to know of their winning out in tTirir undertakings, and a survey of the things thrw two young men have accomplished certainly puts them high in our estimation. J. X. Morrison nf I'Uinview, i'i I uliho. k nianag ng tlie Lubbock Creamery, owned by his father. Young Morrison i an mth-isiaH about Iuhbotk'a devt lopment, and said be was glad to bava ihe oppor tunity M be asMHialed with ths bin. m ks men v.ho l.ave made I.ub. botk the progteativs Mile i ily it la. Dr. and 'ra. Wa.dermaa of 'roano.d, las h hsa .er noting Mr and Mrs. J. T. I:nnu and Mrs t J. a'ea t Hi s My, U (t for leo iao !lllfs, f .r a ii'il. I -r "d Mi. Wk.oi Kim aia losk ft H) 'I' '' ' a il .