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THE HENRY MUHS CASE.
On last Friday afternoon the cir
cuit court of this county in ses
tjion in Philip, made a final dispo
sition of the Henry Muhs case,
which had been before the court
In one way and another for nearly
year, and had during that time
been the subject of some comn.ent
both in and out of court. In many
ways the case was remarkable, and
lo far as the lawyers interested
in it were concerned, it furtiished
Jfrem a succession oi surprises
llrom start to finish.
None of the parties are now res
idents of this county, and there
fore the freest sort of comment
not out of place. In the fall of
|919, the father of a grirl named
(lla Benk made complaint to the
Ifuthorities that one Henry Muhs, a
lyncher resiing northwest of
Jlilesville on the Hopkins ranch
lad made an assault upon his
daughter, a girl then fifteen years
lf age, with intent to commit a
Cost serious offense. The father
Signed a sworn complaint, a pre
liminary hearing was had, and the
firl told an incriminating story
With much detail, which involved
the defendant in a most serious
course of conduct, and he was
promptly bound over to the next
Jerm of circuit court.
Soon after the preliminary hear
ing the girl, Ella Benk, left the
gtate, and a little after the states
attorney reclieved a letter from
jler saying that her story was a
'1
1
Drinks
Our pure ice cream and real fruit flavors
make the refreshments that you get at our
fountain really nourishing food. And wfc
try to keep our serving dishes and recep
tacles as clean and wholesome as the best
housewife in this town keeps her kitchen.
Stop In Here
and get a thirst-quencher then take a pal
of cream or sherbet home to the family.
f*OT THE CHEAPEST CANDY IN THE WORLD BUT THE BEST
TRY IT AND BE CONVINCED
McPEEK'S CONFECTIONERY
The education to fit your boy or girl
properly for life's work is more certaia
if f*m are already SAVING for that di-
ntwma*
THE SAVEST WAY—THE EASY WAf
is to open a faring Account for ed%
cation, add to it regular IT, and by the
it rtra will aftv* aa ample
open a
add to
time you seed
fund on hand.
BUT DONT DELAY THE START
frame-up and that she had been
induced to tell it by her father in
order to get money out of Muhs.
It should be said in passing and
as a setting for the situation, that
the girl's father and mother had
been separated, and for several
years the mother, with her child
ren, had resided with Muhs as his
housekeeper. Prior to the time
the complaint was made but sub
sequent to the date of the alleged
offense, the mother had died, and
had been buried here in the Philip
cemetery. It was then that the
father came on from Nebraska,
evidently to take possession of his
children, and after a visit to the
Muhs ranch, the complaint was
made. It should be added that af
ter making the complaint, he also
left the state, and has never re
turned. He appears to have taken
little interest in subsequent pro
ceedings.
Naturally the state's attorney was
somewhat surprised when he re
ceived the letter from the girl re
pudiating the story she had told
at the preliminary hearing, and
he was further astonished when he
learned a few days later that the
girl had also taken occassion to
write a letter to the attorneys of
the defendant, telling them also
Jhafctthe case was a frame-up.
At the last October term, tlie
case went over the term with little
prospect that it would ever be
tried. The girl was outside the
state, and refused to return. The
state had no other witnesses but
Vol. 13. No. 33 Philip, Haakon County, South Dakota, Thursday, July 1,1920
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The deposition was taken at
Tyler, Minnesota, by a notary pub
lic, no attorneys appearing for
either side. It was assumed by
everyone that the depsition would
exonerate the defendent and end
the matter.
It is hard to imagine the stir
prise of everybody connected with
the ease and the consternation
created in the camp of the defend
ant when the deposition was re
turned to the office of the clerk of
courts, and it was found that the
girl had now repudiated her repud
iation and adhered to her former
story regarding the criminal con
duct of the defendant. This explo
sion was on the eve of the April
term of court, and neither side
was ready for trial then. The de
fendant's attorneys needed time to
get their wind again, and the state
had no confidence that it might
be able to get the girl to return
to the state and tell her stroy up
on the witness stand.
The case was accordingly sep for
trial last week, and the state re
newed its appeals to the girl. She
still refused to return to South
Dakota, however, and she could
not under the law be compelled to
do so.
Consequently the state prepared
to try its case on the testimony
taken at the preliminary hearing
and the deposition the defendant
had so obligingly furnished from
the girl. In order to show to the
court it was impossible to get the
girl to return to the state, as a
foundation for introducing the
written testimony, a telegram
was sent to the girl by the sheriff
with little expectations that she
would respond. Again she sur
prised everybody by replying that
she would come come, and on the
morning of the trial arrived
in Philip. Common language will
not describe the surprise of the
defendant and his attorneys when
she arrived. Their consternation
will go into the legal history of
this county, as a most entertain
ing chapter.- At this time we for
bear comment, much as we would
like to make it. Let the incident
pass by saying that it was full of
humor, bordering at times on the
deepest tragedy.
Again the defense resorted to
delay in order to get its wind.
Judge Huges was disqualified be
cause it would take a day to get
another judge, and the defendant
sadly needed that day. No light
broke through the clouds, how
ever, and on Friday morning the
stage was set in Pohle's Hall for
the hottest legal battle ever seen
in this county. The defendant as
sumed that Ella Benk would go
upon the stand with a strong story
for the state, and the only hope of
the defendant lay in breaking it
down by the contradictory letters
she had written and statements
she had made. Again she contrib
uted a surprise by going upon the
stand and repudiating her repudia
tion of her repudiation. Doesn't
that make an ordinary mortal diz
zy? In a word, she now repudiated
her story of the defendant's criir:
inal conduct, said her original
story was a frame-up that it was
induced by her father who was mov
ed by jealousy of Muhs a desire for
revenge for fancied alienation of
hie wife's affections, and a cold
blooded desire to get money. She
declared that the defendant had
never mistreated her in any way.
At the close of her testimony
the state moved a dismissal, and
court advised the jury to return
a verdict for the defendant, which
was promptly done.
The story of this case and its fin
al outcome is illustrative of several
things, but we leave our readers
to
make their own comment.
ISftough space has already been
consumed with a bare recital of
softie of the facts.
jfJflfS4ft £|4!fl£
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CONTINUING THE PIONEER AND THE PHILIP WEEKLY REVIEW
the defendant's attorneys realized
that the case might be tried, even
in the absence of the girl, upon the
testimony she had given at the
preliminary hearing, which had
been reduced to writing and filed
with the court. This led them to
plan the taking of the girl's depos
ition on behalf of the defendant,
repudiating the story she had for
merly told. This would simply re
duce to the form of proper evi
dence the letters she had written
to both the attorneys for prosecu
tion and defense, and clear the de
fendant
wy.
GRASSHOPPERS MAY BE
CONTROLLED BY POULTRY
F,rom time to time til* Pioneer*
Review man has heard consider
able apprehension expressed by
ranchers in this county relative to
another scourge of grasshoppers
this year. So far they have only
broken out in spots in a few alfal
fa fields where they were bad last
year, and although they usually do
their damage to the second cutting
and the deed crop, we are begin
ing to doubt whether grasshoppers
will do much damage in Haakon
and Jackson counties this year.
In times past they have been a
serious pest, but we believe that
they will pass with settlement of
the country, as they have passed
apparently in Kansas and eastern
South Dakota, where they were at
one time as disasterous in their
raids as they were in the fields of
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U2Uami ui uiu. YYt* nave aiwav» i
believed that it would be possible
to use poultry, especially turkeys
to control these pests. We have
had nothing to guide us in this
belief except experience with poul
try on a farm in our youth. But
it seems that our guess in this con
nection is correct.
It has been demonstrated in a
practical way in several western
states that grasshoppers can be
contrlled by poultry, says A L.
Ford, extension entmologist at the
State College. Any active poultry
such as chickens or turkeys when
given the run of grasshopper in
fested fields will devour great
numbers of this pest. For the best
results the poultry should be tur
ned into the infested fields while
yet young and before the hoppers
have attained their wings, as this
the time when the insects will be
reduced with the greatest rapidity.
It is very surprising how quickly
a flock of chickens or turkeys will
ri*d.s the number of hoppers in
an infested area. When the infest
ation involves very large areas,
however, it becomes necessary to
use other methods of control.
Probably the most effecient me
thod of handling poultry for grass
hopper contflG is by means of
portable houses placed at intervals
in the infested fields. The portable
houses should be light enough to
be moved by team and yet heavy
enough to withstand storms and
afford protection against coyotes,
skunks, etc. These houses should
be moved from time to time thus
giving the poultry access to new
areas. By keeping a number of
portable houses circulating thru
a field subject to grasshopper in
festation, much is accomplished to
ward reducing the injury. This is
an excellent system to use in al
falfa fields which are to be left
for seed.
When raised for this purpose,
poultry should be handled with the
least possihle expense Winter on
ly enough fowls to serve as breed
ing stock for the coming year. The
rest should be sold as soon after
grasshopper danger is passed as a
good market can be found.
Thos who have used poultry for
this purpose find that it is necess
ary to alter the grasshopper ration
with a grain feed for the well be
ing twi flock*
in
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RAILROAD DEEDS FILED
Have you ever seen a deed for a
railroad? Probably not. Do you
know where such a deed is record
ed? Just as probably not again.
Yet railroads are sold and trans
ferred by deed just like any other
real property.
The othe day the Pierre Rapid
City & Northwestern, which cross
es Haakon county from east to
west, and for that matter from
west to east, was sold to the* Chi
cago Northwestern Railway Com
pany, and t&e deeds have just been
filed with Secretary of State at
Pierre. The c&ed 'ooks like an or
dinary deed, though it has a good
deal more lawyer-like talk init, and
it has $7364.00 of revenue stamps
on it.
HOKE PAPER*
Ockentry
weeklies are pre-emin
ently the home papers of newspap
erdom. Tfcfijr are not hurriedly
scanned while fnen travel to busi
ness, then
gathr up.
homes w
duly
the
to*
4q the brakeman to
go to the
t«id|ng is a
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PIONEER-REVIEW: SKIS.
I
A a
SEED REGISTRATION PLAtt
WORKING OUT NICELY
Thirty-two county farm bureaus
of the state are co-operating with
Manley Champlan, extension agro
nomist at State
College,
in the
work of registering South Dakota
/arm seeds of the leading varieties.
The following counties have wa
tered into this work.
Beadle, Brwn, Butte, Clark, Cod
ington, Day, Deuei, Edmonds, Fall
River, Faulk, Haakon, Hughes.
Jackson, Jerauld, Jones Kingsbury.
Lake, Lawrence, Lyman, McCook,
Miner, Minnehaha, Moody, Pen
nington, Spink, Stanley, Union.
Walworth, Yankton.
Five thousad announcement* and
application blanks have been sent
out. Upon return of these appli
cation blanks to the county farm
bureau arrangements will be made
to examine the fields. Blanks have
also been mailed to all members
of South Dakota Experiment as
sociation, whether living in coun
ties
having farm bureaus or not.
Those experiment association mem
bers living in counties not yet pro
vided with farm bureaus will send
their applications direct to the sec
retary's office at Brookings and ar
rangements will be made, if possi
ble, to have their fields examined.
Those varieties that are known
to give the best results in -South
Dakota are the only ones Eligible
to registry. In order to pass in
spection, the fields must be free
from quack, dodder, field bindweed,
field sow-thistle, and Canada this
tie.
There is always a shortage of
good seed of adapted varieties.
Seed registration under this jplan
will help solve the problem.
THE GOVERNOR'S MESSAGE
In convening the extra session
of the legislature. Governed Nor
beck gave to the people of the
state one of his most interesting
messages,
"The causes demanding an ex
tra session the governor alleges to
be that tht extraordinay condi
tions prevailing have become so a
cute that public institutions of the
state are without funds to do bu
siness until the next regular ses
sion of the legislature That our
service men should have immed
iate recognition by the passage ot
a bonus bill that the report of
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UNLOADING SHOE SALE
Beginning July 1st and running all thru month
#f July, we will conduct a Great Unloading Sale of /.
*11 summer footwear and surplus stock of ehoes. v
vC'i
We Are Compelled To Unload
account of cool backward season, we are coin*
gtelled to sacrifice profits in a 4*ick Uafoadiitg Sale
«**he,vU,r
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A Great Opportunity ffcf Yon
^v' Buy Ladies Pumps, Oxfonjlt, nous
j|nd Silk Hose, Misses and Childrens Shr^l^e».
Etc., Boys Outing Shoes, Barefoot SjtifedjMs, Etc.,
liens Dress Shoes, Work an* fNtgig Sh^ Oxfc
i.
the committee on the hydro-elec^
trie plant should be passed upon
by the legislature. The governor
calls attention to the inability of
counties, cities, towns and school1
districts to sell their securities audi
make much needed improvement#,
because of the limitation of inter
est rates by the statute. That the,
teachers and state employees are
quitting their jobs or leaving the
state, because they are unable to
live on the present scale of wagea.
The governor commends some state
employees, criticises thers and says
"there is a lack of co-operation be
tween the various departments
such as would not be found in ft
large commercial institution." V
He asks that this legislature re*
adjust salaries to meet present
conditions but that it bte made itn*
perative that an official or clerk
render a full day's service for a
day's day. He recommends the
extension of the hme building act
on the rural credit plan so as to
apply to cities and towns. The
governor is in doubt about domit
anything further on the hydro-el
ectric plant until the people have
an opportunity to vote upon the
project. The cement commission
has not yet fixed upon a definite
location for a state operated plant
and they ask sixty days longer in
which to make further investiga
tions. The State Coal Commission
has not* yet succeeded in locating
a coal mine that can he operate
by the state at a profit. From the
tenor of the governor's message
it is indicated that he thinks the
neak of the high cost of material#
has been reached and that by de
laying work on all state projects
until a future time when price#
ire lower a great saving will to*
made by the state.
CHURCH ADVERTISING
"Deacon Sirams 'lew he
prove 'o churches advertisin," re
marked Shinbone "but when Alt
ist him, in dat case, wuffo' he ring
the church bell fo' serviee, he jos*
had nuffin' to say."—Ex.
For Sale: 1 dining rom table
high chair 1 congoleum rug, 6x9
1 white enamel mirror 3 dining
room chairs 1 center table 1 bed,
springs and mattress I wash
stand several lamps 1 deering
mowing machine. A. L. Anderson,
Philip. 31 2t
•A
VAIL ORDERS FILLED SATISFACTORILY
0f Money Refunded. Send for our 1
jmce list and folder showing many
$aq lave a lot of money en.
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