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tmJi Mt it lie 51ST YEAR. OREGON, MISSOURI, FRIDAY, JUNE 4, 1915. NUMBER .5 .M'HV HAYS ST (U!llrV. Earnlc A. Walker Acquitted of the Murder of Nona Hudson, his Half-Brother The case of theState against Earnle A. Walker, chawed with second de gree murder, for the killing of his half-brother, Nona Hudson, at the home of his parenLs,.tohn and Mary E. Walker, In Forbes township, on February Mb, 1015, was called Wed nesday of last week, May 20th, and the afternoon session was taken up In selecting the Jury to hear the case, and the presentation of the state'sslde by Prosecuting Attorney'Tlbbels.and that of the defendant, by hlwattorney Judge S. F. O'Fallon. This being done the court took a recess until 7 p. m when the taking of tlie evidence be Kan. The 12 men whoweresworn to hear the case ami a true etdlct give was com posed of the follow Inn: Elmer;ilart ram, of Clay; James Quick, of llenton; 11, K. Rom, oi Denton; 11. il.Terhuiie, of llenton: Klmer Hunter, or Clay. K. K. lloyd, of Mlnton; 11. S. Drown, of llenton; David .Show alter, or Lin coins Andy Haer, or Union; T. T, Wilson; of lllgelow; K. N. Doebbllng, of I'nlon; E. M. llender, of Hickory The Evidence for the state was opened by the testimony of James T. hlder, a neighbor of tho Walker family, who stated that he was at work In the Walker orchard pruning trees for the father or the accused, and that Nona, the deceased, had been In the orchard with him; that the defendant camo to the place, and on his coming the two met near the house and went in to gether, that shortly after the two went to a well which the deceased had been digging or blowing, lletween 2 and 3 p. m they returned to the house and In a short time after he beard the report of the discharge of a gun land then heard the screams or aome one, and he went to the house and round It was that or Mrs. Walker, the mother of the defendant, and al so of the deceased, who stated that Nona had shot Karncst. He Imme diately hurried ovor to the home of W. L. Kanclier also a neighbor and In formed them or the shooting and these two returned to the Walker home, where they saw the deceased laying on the lloordead, In the kitchen. He saw the accused and also his mother In tho house, and also saw Mrs. Kanclier there. The accused was standing near the dead body. He could not remember all the conver sation had with the defendant, but the derendant said that the deceased and hlmselt hid quarreled In the ram lly sitting room over a type writer, and that the deceased took a revolver from the table, and -he attempted to knock It out or his hands, and In do so It was discharged. A plot or the detail or the home was shown and the witness detailed the arrangement or tho rurnlture In the kitchen, which he and Fancher entered from the porch, which was on the south and west aide of the house north of the kitchen was the family room -to the cut of this a bed room; the sitting room and kitchen access lble by a door, and the kitchen had a door In the east leading out on the porch. That ha and Fancher entered the kitchen from the porch. That he -did not examine the body, and that the defendant asked If Nona was dead and Fancher replied, "yea." He saw no revolver. He said the accused told him he took the revolver to the home and laid It on the table In the kitchen on coming there; that In the quarrel over the type writer tlie deceased had atruck him In the race; that he ad vised tlie accused to go to Forbes and make known the affair, and that he went with him; this was about hair an hour alter the shooting; he did not see the wound or eiamlne the body, nor did he know where the shot entered When he and Fancher arrived at the home, theaccused'a nostrllswere bleed Ing slightly, and the blood trickling down the lips, and a slight scratch appeared on the race, The accused did not seem to be very greatly excit ed. The accused asked him If he would iro on his bond If ho was locked up On cross examination the witness said the dofendant seemed willing to surrender to the authorities, and that ho went with the derendant to Esqulro Young, or Forbes, and recited the affair. Those at the housodurlng his presence there, were the derendant and his mother, Mr. ana Mrs. t ancn er and himself, and that Mrs. Fancher was there when he and Mr. Fancher arrived. That defendant admitted the iron uaed was his own. That hla Mother waa not in the kitchen when Xht ahot waa ired, That the quarrel was hurting his mother, and and that she fainted during the quarrel, anil that he would leave the type writer and return to his home In Forbes, and that he went out of sil ting room Into kitchen, to put on his hat and coat with Intention of leaving That deceased took revolver from the table, after following him Into the kitchen, which he pointed at him and he knocked It down, and Itwasdls charged. That witness was employed by father of defendant, but did not take his meats there, that the defen dant came to the Walker home be tween n and 10 a. m. on day of the shooting. That the twowenttowork t)gether and returned to the house together. Heard shooting shortly af ter they went to work, and short time after return to house heard the report of t)ie gun. That Fancher fell pulse of the deceased as he lay on the lloor and that all the parties named as be lug present were there when witness and defendant left for Forbes Thai the bjdy of the dead man laid near the kitchen stove with head toward the northwest and reel to Hie southeast. On le tilled, exatiilnatluu by Ule, witness said It was between u and 10 a. in. when he saw derendant go to the house and thought the two took dinner, before they went to the well, saw a bag ot some kind or cloth hang iigon theshoulderof the deceased as he went to the house. And that defen dant was o or (I reel from the body as witness entered the kitchen In reply to Defendant's attorney, witness said the kitchen he thought was about 1 Jx 111 feel; he saw nothing In the bag K. S. Johnson lived near the Walker home, and was familiar with the arrangement of the house and described It and the location of the furniture In the kitch en; table In northwestcornerof kllcli en, stove near center on south side. water atand with bucket near door leading out to porch, was al the house shortly after the shooting and round the body lying near stove, head to the northwest and feet to the southeast, and lying on Its back, and that Mr Fancher and Elder were there. He coroborated the statements made by Elder as to to the defendant's ac count of the shooting, and saw the hunting sack on the kitchen door- Heard defendant say something about going to Forbes and surrender hlm selt, and heard Elder say he would go with him. He did not seu the wound, nor any bruises on the race or the dead man. The derendant and Elder left for Forbes, luashorl tlmeafterhe camo to the house. Derendant seem ed some what excited. On cross examination he stated Mr. Elder was at tho house when he got there. That Mr. Fancher and Elder and himself were there when defen1 dant made hlsstatements. Saw no re volver, saw bag on the door, and saw a Jug on the porch as he came Into kitchen, and that he remained there lulte awhile atter the Derendant had left for Forbes. George Gelvln, the sheriff, testified that he arrested the derendant at his homo In Forbes on the evening of February 8ih, 1015, and that ha was at the Inquest, that when he made the arrest, the defen dant aald that he and Nona had had trouble over type writer, and that the trouble had caused mother trouble and that he went out or the room, and that he put the pistol on the table, that Nona picked up the plstel with left hand, and he pushed Nona's hand downward to keep Nona from shooting him. That the struggle ov er the revolver was only of a moment's duration. That he aaw the body and saw the bullet extracted from the body. Had the clothing worn by Nona, and these were exhibited to the Jury. Witness described the wound; revolver was Introduced which the witness said was taken from basket, (where It had been placed where Mrs. Walker said It was. That only one shot waa tired; there were three loaded oartrldges still In there volver when hegot It. Wltnosssaw the bullet extracted and took possession of It. and exhibited It to the Jury, No powder burns were seen on the clothing, Thatthe ball passed througl the body and lodged under the skin about 2 Inches to the left of spinal column and about 1 of an Inch above- the point of entrance. That atter the derendant had been placed In Jail he stated that when Nona pointed the gun at him he tookhold ot his hand and twisted or turned It around. On cross examination by the defense witness said the revolver was or caMbre; the bullet ranged slightly up ward; that the deceased weighed about lTo or loo pounas ana was aooui o-ii In helghth; and not as tall asdefendant, (Continued on page 4). i yir:tkmm to mtommiM !AM.HKI,I, KTS KIVK VKUtS Homer Campbell IsCiven Five Years for Assaulting Miss Jackson. Homer Camubell. of Liberty town ship, married, with a family orchil- ren, was on trial Friday of last week. on the charge of assaulting Mary, the ln-year old daughter of Mrs. .1, K. Jackson, a widow and a neighbor of the accused, on February I", UU.V The evidence and character of the case was such that Tnr. Skntinkl has ever excluded these from Its col umns, and can only say tho defendant was round guilty, and was given uve years In the penitentiary. The case was given to the Jury after the sup per hour Friday evening, and they re turned their verdict about U o'clock Saturday morning, the verdict being signed by Levi Thompson, of Clay township, as foreman. The Jury was composed of: Geo. Ore ner. Forbes township. Ilethel ft ood past u re, Clay lownhlp. U. II. Kink, Nodaway township. Will Hodgln, Hickory township. Levi Thompson, Clay township. Ellis ltobcrts, Clay township. Norm llorlng, Clay township, Will J. Simmons, Nodaway town ship. Otha Drcher. Nodaway township. Elliott Kurtz, Nodaway township. Jacob Hunt?., Nodaway township, Andy Fryman, Nodaway township Tho statu was represented by Messrs, Tlbbels, U'Fallonand llrldge man, and the defense by Messrs. l'e tree, Mlnton and Williams. Germany's Reply to U. S. Note. IIkiimn, May :w Germany with holds Its final decision on the demands advanced by the United States gov ernment In connection with the sink ing ot the Lusltanla, until the receipt ot an answer from the United States to the note which Herr Von Jagow, the foreign minister, has delivered to Ambassador Cerard, In reply to the American note received by the Her man government on May IS. In Its reply the Herman government declares that It Is not Its Intention to submit neutral ships In the war zone, which are guilty of no hostile acts, to attacks by submarines or aero planes; that It Is Investigating the circumstances In connection wltl the attacks on the American steamers dishing and Outtllght, and that In alt cases where neutral vessels, through no fault of their own have been damaged, Germany will pay In demnltlcatlou. The reply urges that In the case of the Lusltanla, which Germany alleges was armed and carried large stores of war munitions, It was "acting In Justllled self-defense In seeking with all the means of warfare at Itsdlspo slllon to protect the lives of Its sol dlersby destroying amunltlon Intend ed tor the enemy." The German government recalls the proposals submitted by the United States government to Ilerlln and Lon don designed to end the submarine warfare and the shutting out of rood supplies rrom Germany, which It de clares railed or their purpose because or the rerusal of the llrltlsh govern ment to agree to them. Points In German Reply to Demand ol the U. S. The German note, replying to the demands of the United States, seeks to Justify the sinking or the Luslta nla by alleging: That the Lusltanla had cannon mounted below decks and was under orders to ram German submarines, so that the sinking ot It was an act ol self-defense. The note declares that but for the explosion or the Lusltanla's cargo ol ammunition, the crew and passengers probably would have been saved. Assurance Is given that no attack on unoffending neutral vessels are In tended and that In the cases of the Cushlng and Gulfllght full reparation will be made If the facts warrant. Final decision Is withheld as to the United States' demands, It Is an nounced, pending a reply from Wash' Ington. Probate Matters. Mrs. Louise Fries filed her apollca tton for admlnstratlon ontheestateof her late husband, William Fries, who dledMay 8th, and she was appointed administratrix, with bond llxedat $10,000. The will of tlitflate Henry Iloltgrefe who died May 17th, was Hied for pro bate last week. Ills son 'In-law. Frank Cook, Is named executor. IHe gives all his property to his daughter, Louisa Cook, except a life interest In part ol his real estate and woo. sjfi. Mmtnummmmtnrxwrmm , i nwmmmammmnmmumi " minimi mm iulmui MiMMmm.jfErmsmTmx IIKIVI'.U; (IK TIIK ItKAIt. Revisited by Comrades Who Have Survived the Nation's Martyrs. The loyal little city of Oregon de lights to honor her heroic dead. If there be a tendency to tardiness In prrparatlon It Is born of the knowl edge that little Is needed and that no Inducements are necessary to bring her citizens out en-masseon Memorial Day. Wlen we remember that the majority of the old army has already Joined Its commanders on the other aide, and thatthe muster roll of those remaining Is being diminished at the rate of 00,000 annually, It Is no won der that a nation hastens to pay a liv ing tribute to Its dead heroes, and to honor tho rapidly thinning ranks of the few who remain. In the soldiers' graves are hidden the hopes, the aspirations, the love atnl the heroism of many lives, Their husbands and sons and fathers for whom hearts yearned and tears Hawed, to all these gifts of llowers are holy. They cheer the living with the promise or reunion when the eternal llower of the soul unfolds They form the laurel wreath of pure hero stn anil unsellMi devotion which the nation owes to Its defenders. on Saturday last, May 2U, the day was observed In Oregon, Decoration lay falling on Sunday, the ;intl and although there was nothing more lalwrate In Its observance of It, than here had been In previous years, there seemed something more acute n the feeling or those who took part In tho decoration or graves and or hose who merely looked on, for out In the silent city somehad twograves to cover with the llowers of sprlng- thlnner and thinner aro the ranks growing. Feebly are the tread of those remaining, and this year It was more marked than ever before, for the average age of the members of Meyer l'ost, G. A. 11., Is now 7i years. One hundred mounds were covered over, but there were scarce M in tl.e ranks on Saturday last, and but for the help of Oregon Camp, Sons of Veterans, their wives, daughters, and ady friends, the task would have been so great, possibly some grave might have been forgotten. The ceremonies which were ob served Saturday were Instituted pri marily to do honor to those who died to save the Union. Owing to the continued rains dur Ing the entire week, and the bad con dlllon of the roads, the drizzling rains that kepi falling during the forenoon the attendance was small, both as to the number of the Veterans and the Sons ot Veterans, but there were suillclenl number In line to give the occasion a very creditable observance, The members ot Meyer l'ost, '.'i strong, under command or Comman der Cummins, and a like number rrom Oregon Camp, Sons or Veterans, In command ot their commander, Frank l'etree, and a tiring squad rrom the Sona or Veterans, assembled In the drizzling rainfall, In the courtyard and here the ladles had prepared the llowers In bouquets In the bandstand under Its root, and these they dls trlbuted to the Veterans and the Sons, and on each lapel they pinned a boutonnalre; the ladles who braved the Inclement condition of theweath er and did this work were: Mesdames Qeorge Seeman, Riley Hulatt, Frank Graham, Anna Markland, J as, Hunts man, Guy Cummins, Wm Markt and Miss Ella Castle, and little Mary the 8-year-old daughter ot Mr. and Mrs. George Seeman, who pinned her little boutonnalre on several or the old Veterans. Though miserably cold and wet, this beautiful and touching act warmed the hearts of the old boys, and encouraged them to take their place In line for the march to the silent city. The detail from the Camp of the Sons of Veterans as the tiring squad was In chargo of Sergeant Edward Hostock and was composed of Harold Rostock, J as. Hostock, Wm, Stewart, Thos. lloyd, Frank Itusli, Chas. Headley, Ward Headley, Humes Greene. They were In full regulation klkl un forms. The procession was formed, led by Henry reret, drum major, and color bearer, Charles Kooclc, and proceeded along the walks to tho cemetery, where tho ritualistic services of the G. A. It,, were conducted by Coin mander Cummins, Adjutant F, S Morgan, the prayer being offered by Rev, Anderson, ot the M. w. church the "Salute to the Dead" was fired by the firing squad, and the graves were then decorated, each comrade's grav itating- been marked by a small lag, By reason of the extremely unfavor able condition ot the weathsr, and et condition of the cemetery, where the address was to have been deliv ered, It was deemed best to request Mr. Morris, editor ot the St. Joseph Gazette, who had been Invited to de liver the address, not to come, the committee reeling that It would have been an Injustice to him, as there could not possibly have been an audi ence to hear him worthy of his prom inence as a speaker and orator, and heir action proved wise, as there as an exceedingly small number ot persons at the exercises. Mr. Morris Is one ot Missouri's very ablest orators, and one who It Is worth while" to hear, whether It be on national, political, social or com mercial questions, and some day In he near future we hope to have Mr, Morris address our people. Notwithstanding the disagreeable weather, Meyer l'ost remembered their dead comrades by placing their ttoral offerings upon their graves, and as an organization It feels grateful to the Sons of Veterans and the ladles who prepared the llowers tor their help. Loyal to the Flog. Owing to the unpleasant relation hip existing between this country and Germany, over li.c Lusltanla In Idorit , tin following will noiloubt be read with Interest by our readers, as .Mr Hell has so many personal mends In this count: I'm i lot Ic Moil vis. EtilTiili Aiiiimiiui:itk: I'mler the leading or People's Forum recently, the following words, (referring to the lermans) appeared: "In our Civil war thousands of them fuuglit with the North against the South, simply for tho pay of a soldier." Fifty years ago the enemies of the ulted States made that as a general charge against every one of them. That was a time when men's passions lad been so aroused by four years of hard fighting that the best of men did and said things that should not have been said or done, and could be to some extent excused, but for a man to make that statement after having tlfty years to Inform himself, there Is but one excuse for such Ignorance and that Is prejudice. In HIS the re bellion In Germany caused many men to have to leave there, and come to the United States, such men as Gen ral Selgel, Schurz, and others ot note, who took outcltlzenshlppapers, renouncing all allegiance to everyfor elgu power and swearing allegiance o this country. And history fully shows that It matters not from what section or this country a man volun teered In either the United States or the Confederate army. There was no man who volunteered with a purer or more patriotic motive than the Ainer lean or German birth. The majority ot them were business men or skilled mechanics, and accredited among all menasbelnggoodllnanclers,andatthat time all ot them were employed atoc cupatlons that were making a steady savings bank account. They are not ed tor their love ot a domestic lire, Then, why charge them with any oth er motive than loyalty to the flag that they had sworn to support, when they became citizens of this countryV My Mend, 113 a month, the pay of United States soldier, was no temptation for those men to accept the hard and dangerous life or a sol dler; It was for the defense of their homes and firesides, and the honor of the Stars and Stripes. W. W. Taliakkhiiu. RdItoii Ahdmoiikitk: Some friend has sent me marked coDles of your ca per the 14th and 10th. I fully agree vviin tne repiy or uapi. w. w. Talia ferro, given In yours ot the lath, and I wish to add as a "German-Ameri can," and the son of one who with General Selgel, Schurz and others In 1848 undertook to depose monarchy In uermany, mat uapt. xauarerro's pi slllon concerning ineuermans during the Civil war Is absolutely correct. While It Is true that the majority of Germans during the Civil war were on the side or the Union lighting lor our flag, yet It Is equally true that mere were many in, ine uonieuerate army, and loyal to that cause and to the people among whom they lived, I am one or uve uroiuers who iook Dart In tho Civil war. "tour on the side or the Union and one with the Confederates w ith one killed on each side." My brother who then lived In the South Joined a Louisiana regi ment and tought under Stonewall Jackson and there lost his life. What ever maybe said of the Germans, they are patriotic, nonesi ana always witt ing and reaily to defend the homo and the honor of the people among whom they live; and while many or them at tills time may express sympathy and lovo (which Is vary natural) tor tho kin and people In the Old Fatherland YET IBT it nit sAiu, should It co me to a crisis as between uermany ana America, you will find the German- Americans to a man on the side of the union, ready and willing to tight for Cur country and flair. They have done It before and they will surely qo it again." una, u. dilu CI HIT I T CIII'KT IIDINIIS. Judte, Burnet Adjourns the May Term of Court 'Till the October Term. As was stated In these columns, In our Isst Issue, that court was In ses sion at the time of our going to press, having re-convened on Wednesday tor the purpose ot hearing the Walk er murder case and theCampbell case, and these disposed of, the court took up some others not so Important and disposed ot them. The following caes were disposed of: T. C. Dungan vs. J. II. Stalcup. Order heretofore made, continuing this cause, ordered set aside, and Judgment rendered for plaintiff by default for the sum of II,I7H.1. T. C. Dungan vs. J. II. and D. L. Stalcup. Order heretofore made, con tinuing this cause, set aside, and Judgment rendered for plaintiff on default for the sum ot $l,10.0. . Henry M. Flsk vs. Marsena V. Mc- Cullock and Alice Fry. (Julet title. Cause continued on the application and at the cost of defendant, Alice Kry. VA. It. Groves vs. Great Eastern Casualty Co, Continued by agree ment. Henry Nabor vs, HlgTurklo Drain age District, George W. ruynter, garnishee Garnishee Hies answer. Frit. Voltmer vs. Illg Tarklq Drainage District, George W. I'oyn- ler, garnishee Garnishee llles answer. August Heine and Wllhelmlna Heine vs. Illg Tarklo Dralnago Dis trict, George W. I'oynter, garnishee. Garnishee llles answer. Martha A. Hush vs. C. rover A. Hush. Divorce. Decree of divorce for plaintiff. Silas C. Gull vs, Newton Morgan. Clerk of the circuit court, of Worth county, tiles otltlon and pleadings In this cause on change of venue from Worth count). Mayme Ramsey vs. George Wesley Ramsey. Separate maintenance. Cause submitted to the court, and Judgment tor plaintiff, allowing her 115.00 per month maintenance. S. F. Sanders vs. M. Eatella Jaco- bla. Change ot venue rrom Worth county. Judgment was entered by agreement tor plaintiff tor 1123.00. Samuel Randall vs. Minnie Dixon Randall. Divorce. Decree of divorce for plaintiff. In matter ot Trust Estate or in. Hanks, deceased. W. II. Richards, trustee. Settlement. Trustee llles annual settlement. Illanche II. Nauman vs. Hiram El mer Nauinan. Divorce. I'lalntlir granted degree ot divorce. Groves & Cox vs. Warren Campbell. Derendant llles motion to dismiss ap plication tor change or venue. Hllsh-MIze XSIIIIman vs Oscar W. Lease and Charles Lease. 1'IalntllT tiles motion for new trial. R. II. Ilrldgeman vs. Robert Smith, W. F. Ilragg & C. E. Munn, inter pleaders. Interpleaders, Ilragg and Munn, tile motion tor new trial, same overruled, and Interpleaders appeal case to Kansas City Court ot Appeals. Appeal bond fixed at i00.00 to be Died 10 days after court; leave to die bill of exceptions during next term ot court. Groves & Cax vs. Warren Campbell. Motion to dismiss application for change or venue, sustained, because plaintiffs did not deposit docket fee of 110.00. John Donan vs. 0., U. & Q. R. R. Co. Suit for overcharges. Continued until next term ot court. John H, Crist vs. A. O. Swope and C. O, VanCamp. Suit on note. Was dismissed by plaintiff, John II. Crist vs, A. O. Swope and G, I'. Munkers. Suit on note. Was dismissed by plaintiff, William Gossett vs. Julia Torrey, Ollle Walker, et al. Petition tor re view and vacation ot Judgment. De murrer confessed, and plaintiff has leave to tile amended petition 00 days atter court and cause continued. Eva L. Klopp vs, John A. Klopp. Divorce. Divorce decree for plaintiff, with care and custody of minor chil dren awarded to plaintiff. State oi Missouri vs. Kdward Willis. State dismisses case against defen dant. State or Missouri vs. Homer Camp bell. Felonious assault. Defendant's motion for new trial overruled, mo tion In arrest filed, and overruled, Atlldavlt In appeal filed and appeal allowed to the supreme court, appeal bond fixed at (1,000 00. Ruley & Kunkel vs. A. L. and Claude It. Henderson; a suit on a promissory note for 1307.50; attorney fee ot 10 per cent, and Interest dated January 1, 1014, due In one year and upon which It Is alleged that nothing has been paid. Judgment for plain tiffs by default forTl38.50, with in terest at tight per cant.