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The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, August 11, 1922, SECOND SECTION, Image 9

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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 11.111.1.11 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 .

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