Abilene Semi-Weekly Farm Reporter from Abilene, Texas • Page 5

THE ABILENE REPORTER, FRIDAY, APRIL 9, 1909. PACE FIYK. TOM BARNETT CASE GIVEN TO JURY SATURDAY NIGHT from page two.) state met the requirements of the law? In the case of the state relying solely on circumstantial evidence, has the state made out its present case? ask for a just and impartial ruling. The speech of Cunningham should have been made to an anarchistic mob instead of twelve men sitting in unimpassioned In all, Judge Hardwicke spoke two hours and thirty minutes, during which time he exhibited no signs of fatigue, despite his strenous week and nerve racking conclusion. The court allowed a five minute intermission, at the close of which District Attorney Mahaffey entered on his closing argument for the state.

District Attorney Closes. is my duty to rehearse to you, gentlemen of the began the District Attorney, facts in this case which will assist you in arriving at a proper Referring to what he termed an implied thrust at the officers of Taylor county in their over zealous efforts toward running down the murderer murderers of Alex Sears, the district attorney stated that he wished to compliment these officers for their efforts to apprehend the murderers. woudd you think of your District attorney and county attorney if they did not do everything in their power to bring the guilty parties in this most damnable crime to He scouted the idea of inviting the defense to the alleged "inquisitorial stating that the state had no desire to give its game away. He stated he would take up the statements of Mr. Hardwicke, and the conclusions in the case to be looked at from a reason aide and logical standpoint.

Scars Trusted Harnett. The district attorney speaking of the feeling that Alex Sears entertained for Tom Harnett, said that it whs one of the utmost confidence. He trusted him. said the speaker, to the extent that he did not even take, the precaution to write out his own bills of sale, but allowed Barnett to write the mand then be signed them, evidently without even knowing what was in them. But we do not have to rely on this point, said the district attorney, ami then he went Into the details of the various circumstances which had already been thoroughly dissected by the other attorneys for the state.

If the defense wants to contend that the bill of sale was genuine, he said, it is only fair for us to presume that If he lied about the deal with the ubiquitous Mr. Johnson and other circ-um stances in the case, he would lie about the hil lof sale. And anybody who would believe the Johnson story would believe that milk would run up hill. He would believe in ghosts and witches. Then If you believe that, why do you believe any of the other stories.

You surely cannot believe that an Intelligent ranchman, whose business transactions were so extensive that you can pile his checks up In great stacks here ou this table, would pay $12,000 for a bunch of wildcat lots not worth more than a hundred dollars. Available The defense criticises Mr. Jones, one of our witnesses, who had not long Does the BabyThrive If not, $pffiething must be ith its food. If the milk nourish le needi Emulsion. Ft supplies the elements of fat required for the baby.

If baby is not nourished by its artificial food, then it requires EMULSION Half a teaspoonful three or four times a day in its bottle will have the desired effect. It seems to have a magical effect upon babies and children. A fifty-cent bottle will prove the truth of our statements. been a resident of Abilene. There are scores of Abilene men who know something about the value of Pecan Park property.

Why did they not ask some of them to come Into court and testify that those lots were worth $6,000, aye, even As a final proposition on that land trade, if you believe that this transaction was like the defendant said it was, then you have, in order to do it, to say that Bob Hatch. Clyde and Claud Sears. Judge Thomas and the widow of Alex Sears are liars and perjurers. Do you believe that that good woman and those manly brothers of that dead man come here and perjure their souls In this cass? There is no reason why they should do It. But.

on the other hand, when the defendant sees in his eye in yonder jail the gallows on which I believe, will terminate this tragedy, has he not an Interest In manufacturing false testimony? Why He Seen? When the defendant tells you that he drove here and there on that Monday night, looking after the cattle and attending to other business, why does he not produce some one who saw him somewhere on those rounds? And that solicitude for the Sears horse that the defense tells you the defendant manifested when he led the animal away from the fire in the barn, can be easily accounted for, can tell you why lie led that around in the shadow of the house, It was because the glare from the fire would reveal to those gathered there the sweat that he had worked out of the animal in that drive to and from the school house. Killed to Close Lips. There are three witnesses, the watch, the chain and the pocketbook. which testify, and I want you to I forget it. that the man who murdered Alex Sears did not do it for his personal effects.

If so, the money would have been obtained and the watch and chain would have been taken care of. No if was not to take these oft his body, but to close his lips, to seal them forever, in order that murderer might reap the fruits of Alex honest toil. Misdirected Letter. Die district attorney reviewed features of that letter that the defendant wrote to Alex Sears on Tuesday, February 2nd, and pointed out the fait htat the burning of the barn was merely incidentally mentioned in the postscript. If he known that all the title that Alex Sears had in that barn had expired in that fire over yonder in Callahan county, said the speaker, he would have gone to the telephone at once, called up Alex Sears and told him about it.

And look at the address on the envelope: Alex Sears. Anson, That letter was misdirected. Tom Barnett knew that Alex Sears was not at vnson, Texas. He that proper address on that letter would have been. not known, on the Shining Shores of a brighter and Better If Tom Barnett wanted to tell Alex Sears about the burning of the barn, he should have sc aled the mountain heights and cried out to the winds that were bearing his ashes away from the ruins of that little school house out yonder and told them that the barn had burned up.

kind of Weapou immaterial. It is not necessary to prove, said the district attorney, that Alex Sears was shot with a pistol or cut with a knife. We have proven that he was killed and we have met the full measure of the law. He may have been butchered with som eof the same tools with hich the cattle stolen from him were butchered. Undesirable Itiienshlp.

Mr. Cunningham of the defense says that there may be thousands of men here In Abilene who might have committed this terrible crime. If that is so, I want to get out of here tonight. I do not want to live where there is one man who will commit such a revolting crime as this An Ides About Johnson. It is a rather significant fact, it seems to me, that the counsel for the defense did not cry out to the jury about this man Johnson that the defendant claims to have met in Cisco.

zen should have, would be aroused and your courage would be revived so that you would rise up and write the verdict in this case. We ask for one of two things. Turn this defendant scott free or mete out to him the extreme penalty of the If he is innocent he has a right to go free; if he is guilty he ought to be hung. He swung the pendulum to the extreme on that Monday inght; when the momentum of justice swings it back it should go to the other extreme. The gallows is the only terror of a man who will commit a crime of this kind; the penitentiary is too tame for him.

An Awful Thing. You say it is an awful thing to take a human life. Yes; it was an awful thing that night to take the life of that man who had only two nights before taken him under his roof. For that soft, downy couch in that hospitable home lie had received at the hands of Alex Sears, he put him to sleep on a bed of fire. We hope that before the stroke of the midnight hour tonight, this jury will have proven itself adequate to this case and that it may he said that it was not afraid to inflict the death penalty.

For we have proven the guilt of defendant beyond a reasonable doubt. Yea. more than that. We have proven it beyond the shadow of a doubt. Before the old dock In the court house dome has tolled the midnight hour, hope and trust that the only proper verdict to be reached In this death have been pronounced la this court bouts.

Itcad. District Attorney Mahaffey closed at 11 and a few minutes later, Judge Blanton began reading his charge to the jury. When he had finished the reading, lie added a few verbal instructions and ordered the jury taken to the jury room to select a foreman and begin deliberating. Court Judge Blanton announced that court is not adjourned, but would take a recess till Monday morning, when It would resume business. Two cases, he said, were set for Monday.

One of these is the H. F. West incest case and the other the Comegys assault case from Merkel. The McGehee murder trial is set for Tuesday. IS FREE, JURY ACQUITTED TWELVE MEN SITTING ON CASE WERE OCT NOT LONGER TH AN SO MINUTES.

DEFENDANT When Rody Returned Its Verdict Those In Courtroom Gathered About Mr.McGebee snd Warm, ly Shook His Hand. Notice te the bile. Having bought the Interest of my partners. Ed Miller and C. Welch.

I wish to say to the public that I have In transit a shipment of saddles, harness and alt kinds of leather goods, and ask a continuance of your patronage. assuring you of prompt and satisfactory work, and prices as reasonable as can be had elsewhere. Buggy top repairing a specialty. wl(12 MAX MILLER. From Daily.

The jury In the case of John R. McGehee. charged with the murder of Warren Nichols, which killing is alleged to have occurred on the eighth of last July, yesterday afternoon returned Its verdict, after deliberating on the merits of the case some thirty McGehee is free. It was the opinion of the jurors that he was justified when lie fired the shots which resulted in the death of young Nichols. The arguments of the attorneys In the case were over at about five the reading of the charge consumed perhaps thirty minutes.

and the jury retired to its room to deliberate at five thirty, returning the verdict shortly after six Two ballots were taken by the men. The first resulted in a dead- k. ten standing for acquittal and two for conviction. On the second ballot the decision for acquittal was unanimous. When the verdict was read and Its purport understood, the defandant was the center of a crowd of his friends, ho warmly shook him by the hand, All the McGehee family was in court nt the time, as were some relatives of deceased.

Mr. McGehee was in town today, but It is presumed will return i to his home tomorrow. OOOOOOOOOOOOOOOOO i WANT AD COLUMN. OO 0 0000 The Dr. Cash jack will make the season at the Wilson place, two miles south of Caps, at $10.00, insurance.

J. E. McCarty. March ix-4t WHITE PLYMOUTH BOOKS For hatching, from prize winning stock. A cockrels for sale.

Write for circular, giving description. Show record and prices. R. L. Young, Abilene, Texus.

Feb 19-8 EST INI'KHT CASK WOUND AS VERDICT OF ACQUITTAL From Tuesday's Yesterday afternoon the jury In the case of the State vs. B. F. West, charged with incest, brought In their dict after being out only a few minutes, declaring that the defendant was not guilty. West was represented by Owen A- Boykin, while District Attorney Mahaffey was assisted in the prosecution by B.

A. Cox. Esq. stallion, will make the season at my barn on Deadmati one-half miles south of Lunham school house. $10.00 to insure.

J. M. Morrinset. mar 5 4tp State of Texas, County of Taylor. In the Justice Court of Preclnt No.

1, Taylor County. Texas: O. W. Thompson, Plaintiff, vs. J.

T. H. Lipscomb. Defendant Whereas, by virtue of an execution issued out of the Justice Court of Precinct No. 1, County.

Texas on a Judgment in said court on the 22nd February. A. I) 1909, in favor of W. Thompson against J. T.

H. Lipwonib, No. 4506 on the docket of said Court. I did on the 8th day fApril, M. I).

1909, at 2 o'clock p. levy uCon the following described tract or iMrcel of lauff situated in the county owTaylor slid state of Texas, to tho said J. T. Lipscomb, toflit: Nil 8, of W. G.

suhdi viyion 2 11. Central Mark addiinn to the Aty of Apileue, Texas being property In a deed fjpui W. UbundsMlo I jov of FOR Rowden Cotton seed. Rowden cotton took premium at Dallas Fair 190 over all other cotton seed. 55c per bushel.

F. O. B. Wills point. Texas.

Send for samples Brown Bruudidge. March 12, 6t EGGS FOR Wyandot ten. at $1 for 15. O. M.

Childress, Coats, Texas. inch 12-31 brown bay mare, 15 hands high, no brand; raised on Qor- such ranch. Raward. Noah Hampton, Hamby, Texas. March 19-4t EASTER FOOTWEAR Styles Right Quality Best Hanan rand: Howard Foster $3.50, $4.00, $4.50, $5.00, $5.50, $6.00 See Our Show Window For Display.

We Have Something That Will Appeal to You. Mingus Bros. Co. Quality Outfitters Jar 25c BEECH-NUT Grape Jam Somet hing Nice BEECHNUT Cranberry Sauce Jar 15c BEECHNUT Pea-Nut Butter Jar 10c Grocery! PHONE 127 I .4. VNrV -j.

ir HIDDEN DANGERS Nature Wanting That No Abilene Itixen an Afford Ignore DANGER SIGNAL NO. 1 comes from the kidney secretions. Thty will warn you when the kidneys are sick. When the kidneys excrete a clear, amber fluid. Sick kidneys send out a thin, pale and foamy, or a thick, red.

ill knelling urine, full of sqil intent Irregular of DANGER SI (5 bl arp and ildneys an och of HI Scad this advertisement, together with name of paper in which your addrcM and four to cover pocUpc. and we will tend you a Handy of the SCOTT BOWNE. 409 Pearl St, New York daw DecetrimrVlS, In Only one of them mentioned him and volume 4a, Records of he made some little excuse for him and Taylor County, And on the 4th let It go at that. day of May, A. being first I am going to find this man John- Tuesday of said son some of these days.

I think of 10 a m. Johnson is the other man that rode at the court house door of Taylor Hi the buggy with Tom Barnett that I will offer side and sell at public auction for cash to the Pleads for Patriotism. If could take you gentlemen of the jury to the scene that was presented at the Fish school house on the morning after the fire and point out to you the smoldering ashes of the cruelly murdered man, your patriotic Impulses, which every American cltl. highest bidder, all of the right, title and interest of the said In and to said property. Dated at Ahiltne this the 8th day of April, A I) 1909.

WM SLAUGHTER, Constable Breclnrl No. 1. Taylor County, Texas. April 9, W3t TO county land in any size tract for Abilene property. Russell Bros.

A Co. 18-3wl TO sections of Yoakum County land for Taylor county land. Russell Broa Co. 18-3t wl FOUR SECTIONS Winkler county school land to trade for a farm. Russell Bros.

Co. 18-3wl MONEY TO LOAN on Real Estate, Vendors Lien extended UuMHeil Broe. Co. 18-3-wi LOST- Sunday afternoon, between Tuscola and Ovalo, a small penny purse, containing two ten dollar one silver dollar, one half dollar piece, one dime, five nick lea and copper Kinder return to this of- 1 flee or R. C.

residence and receive reward. 23-3tdwlt FARM FOR SALE 290 1-10 farm laud, 150 in cultivation, 100 cleared ready to put in cultivation, now used pasture, forty in Mesquite timber, all of the land extra flnet rich cream land. I Taylor county, Texas. Address Commercial National Bank, Aidlene, Texas April 2-11. WANTED To buy a first-class saddle horse, phone 8 W.

421. L. A Miller. April 2 It TO TRADE Lumber for well matched draft team, not over eight years old, Darnell Lumber Co. April 2-11.

WANTED Everybody to Black from heavy, or your the apr Bright' cure clck kidneys manently. Here Is ment of a nearly rt J. B. Hull, fietu cannot find wo gratitude to ftoan'i the great benefit 1 Use. I hail seven kidney diifgase an laid Up In bed fo symptom of my frequent passage tions and the ter uck routes is, dull and tell of warn you of offal tetes and Kidney Bills cure them 'oof in tlie statedent: ew, Texus, says: to xpn my Kidney for eceived from their had attacks from nmny times was Weeks.

The chief was the too the kidney secre- burning sensu- tlon caused when 1 folded. Doan's Bills gave me prompt relief and I have since kept tl eni on hand at all times. After my I from kidne year remedy after loth'-r had Miffered trouble and tried remedy without obtaining relief, Kidney came to her aid and improved her health In every way. I deem it a pleasure to recommend this valable For sale by all dealers. Brice 50c.

SAY, WHO IS YOUR GROCER? Why not try Mackechney for a while? He handles a complete line of groceries, makes reasonable prices and is a tolerably fair fellow. Say, when in donht try MACKECHNEY Dr. A. D. Hamilton Dentist Office over Eugene Wood Co Bine Street Foster-Mllburn Buffalo, agents for the United States.

Remember the name take no other. sole aud DENTISTRY HEAP FOR CASH Dr. J. M. Anderson, over E.

H. Gott a old stand. Blue St. Amulgitiu Fillings snd up Cement Fillings 50r and up Extraction of 35c and up More farmers and best Liniment (lid III lik any other. 50 cents druggist bus it CHINAMEN Will.

VBBEU. TO A HIGHER AUTHORITY From Wednesday's Dally: United Commissioner Girand received notice yesterday that two oi the thirteen Chinamen. June Tie lie (ind Ling June Kok would from decision to ij Judge Meek when court convenes l.j next week The (lominin loner wo dered the entire party of Cblnivvii returned to China In the hearing Jien them a few days ago, and ail In know tiiat jail, the officials waiting for tic ten IVrcheon davs which for an horse, weight sixteen hunnred, height expire. 16VA hands, will stand at Ovalo this IfM own. r.c KftMf April 9-2t IsDOk at our Want Ad olumiq lieud lene Texas I tin- for fit of pswfffe who have kidney i 'pe.

Dm of Hall'a 'i i 11 i (tired my wife and 11v recommend Sold by McL more Bass Drug Co. Something for you HI WOMEI. it Urinary, and waul a from oiimw try MMhcrUraj llSHitr.lS iaior, and all PWSalo Waaiur I ad i it In AamjiO tt rai i Uray'i ii rotdbji 1 eta Simpia aast Tl AOaruva, 1 na HoUwr Oray Lv Hoy, p.x. 08152634.