The Bastrop Advertiser (Bastrop, Tex.), Vol. 75, No. 9, Ed. 1 Thursday, July 26, 1928 Page: 1 of 8
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the Bastrop advertiser
gKVt NTV FIFTH YEAR
BASTROP, BASTROP COUNTY, 1HURSDAY, JULY 2<5, 192H
NUMBER k*
Middleton Takes Stand For State
$15,000 Paid to Bastrop Farmers for Eggs
Mrs.
Waybourne Due
to I ake Stand 7oday
FOSTER'S FORECAST PROSPECTIVE Nil-
th.
c - wda
bc^an
to at-
Texaa
Woilie.-dptut
to win a
Early Monday niorn-ng
from ov.t the entire county
'atticing at the court house
fend the trial of tr-• State of
M, Rosa Waybourne, charged
aphcity n the murder of her
uwbanu. W W. Waybourne, at their
0.1U, m Smithville on the night of
jiLiivh i th of this year.
Although sir *>
council had attempted
chaw of venue, claiming that Mrs.
\Vuvt>"uni<' could nut a *a,r u:u*
impartial trial in Bastrop county, or
a cciitinuunce r.a the ground that she
was phy-ually unable at this time
u, trial, the case went to trial,
Moncla. morning.
Th> twelfth juror was selected late
Friday afternoon. from the third
venirt to he summoned for tnis case,
flu tate'.s witnesses were tin- first
i,. mestioned upon the opening of
, i,-r Monday morning.
|>r W K. Curham, physician, of
Smithville, was the first witness to'
utkc ti" tand for the state. Mr.
< urhani tated that h< examined the
Mr. Waybourne and thus
. -it .'i the wounds about \Nay-
|,. ni. head; < iu across forehead
eye. whi h crushed the kull
the brain; one cutting the nose
■ : two; one across top of head; two
, ■ ti ijile. These failed to break any
bones. One blow back of an ear an 1
ciu' c.it his jugular vein.
\b I F. Marrs, undertaker of
md •' :lle, and Mr. B. J. (Jrashiim,
Justs nf the peace of Smithville,
.* platt d on the stand, -aid that
U . I " une's body, dad in a night
it rt wti found half on the tncl and
hai: ff, that Sunday afternoon.
March 11th, his feet being tangled
1. ti., bed clothing, with twelve
in, i about his head.
VI' Cresham testified that n watch,
nt">'jt *l m money and a knife m
Wuyl.iiurne's trouser- were untouch-
<!. at ! also that an outside window
into the room was opened about I -
and tie screen was unlocked,
hut that no foot prints could
found.
I -iri'i Attorney Merton I,. Harris
ff 1 in evideti. e several insurance
pi.lieu which he said were carried
f Waybourne, and these w• r< ad-
ii: t'• • ■ over objection of defense Imv-
'' Harris \ Harris, of Austin who
'! defending Mrs. Waybourne Tic
defense then entered a statement ()f
Xiep'ions, to th< evidence, qucstion-
' " ' hi ther the poli( ie- w n in of
f' ' nt the date of Waylx urne s
• and asked that the state lie re-
• • •: to prove their validity. Judge
ffered the documents to the
• ' ' !awv< rs but they declined • i
at the papers. District Attor-
II 'ris declared that the Bastrop
' •'!> Attorney had allowed the at-
for Mrs. Waybourne t . < r-
aai ■ th<' policies and Mr. Harris,
' th' defense stated that h« was no-
"• d to take them out <>f the at-
'"i1 ■ y office.
N'ei ational testimony, applause
'h crowd. reprimand from the
•'in! a grilling cross question
H' irrag, featured the 'In t g
■ f a first day se.-sioti t' t
thi most glaring and sorid
1 ' i brought t" 11tr> *
i day afternoon.
Ti Waybourne.
1 d with the murder
tli the in urder of I • r
Wavbout ne. -imi'l
murder
in Texa■
i. fondant,
i (•' • • in '
ho-band.
.1 . nil.
dramatic pr-.ct • mm g- in a
••i! ' Occ;' r.alIa 'it
•' •furl" d th' iinni •
, riil a' of,. I ; no 11 • tti t'.V
• ' ii ten ion fa'.' way to frat.
libing.
P. Rascoe, private ib toct «■
') ";an Antonio, drew the u
art I er testimony
tatenient, said t
■ i bet\ ,.i*n Mrs. Wavb
" W, Middleton, jointly charged
■ the murder, "Pull yours«'lves
'ether, you're ift ing to send us
h tn tiie electric chaii Ra-cfc
• ifi'd that h<* had lucn • 11.nluy'"d
'hi defendant and Middleton for
!■ rposc nf "bringing f<> iu«ti< ■
«\er committed the murder, ro-
rdlr • ,.f who it wa . Th< word -.
1 were spoken to him by Mr
drew
for t
o ha\
Wa'
day
ieen
ii no
ta: tl
wit h
ivit-
u i )
^ 'vhntirne.
He's statement
only by the
morninir
MI RKtN !.. II \RR1S
Mistrict Attorney of llastl'Op
i "iinty. who is a -i.sted by s|M'cial
Pin.-ecutor Jesse Owens in the Prose-
iut. ii of The St at i of 'i'exa vs. Mrs.
I; a Wavlwurne.
him
the
iiitn up
ho "didn't <
..Id .that
to iret those
ari
she
big
i"i.itin had toll
anything about
" u -t hugge<
checks."
This conversation took place while
the two were di.-cu.-sing their fir.-t
marriage-. Parts of the testimony
"••re excluded, on objetior. of the de-
fense.
\t!
Hart i
entei
and I
• I a rii
of Middleton I'd not be in any danger.
Ik is so nervous he's going to spill all
tlu beans and it would be worth $250
to bump him off and get him out ot
the way. I have talked to another
attorney and he tells me if I can find
the man who killed my husband I can
bump him off, go surrender to a
sheriff, and no jury in the world
would convict me."
Not (iood Shot
Q "What did she say about your
getting riu of him yourself?"
A. "She asked me if I wasn't a
pretty good shot."
lturicoe told how the conversation
n which Mrs Waybourne was alleged
io have told Middleton to "pull him-
clf together" ocnired in Middleton s
honii in Smithville, saying that he
pr. tended not to have heard and that
■ne later apologized for "what she
had said."
W itne "Then she asked me if I
' ad found • .ut who had killed Way-
bourne and I told her it looked like
they were guilty."
W- "What did she say?"
A (following overruling of ob-
ictioii) "Told me she'd kill me if I
'"Id it. She -aid she had talkeu too
i;ui I an ! that Middleton had talked
a sight too much."
I'icklish \rtsument
\ ticklish argument ensued be-
the witness and defense coun
"I following this testimony con-
c rning I'ascoe's right to turn over
testimony obtained while employed
th( ■< he incriminated. Applause
followed the witness' statement that
he "would not be a party to any
murder, no matter who he brought to
justice."
yo i think they employed
them to the electric
WASHINGTON. July 24— Last
storm wave of July will cross conti-
nent during week centering on 2'J,
during a period of above normal
temperatures that will cover the con-
tinent in general, will be of mild
t rce and of little general consequence
excepting that general precipitation
(ti continent will be below normal
moodv.
SKKN
CONN ALLY, MILLER
AS KLKCTION WINNERS
Dallas, July 21. —The
during this period and probably less , patch is publishing
than essential in western corn belt next Saturday's p
'Then
send
tor .less
is hart a
iltetll. nt.
"Yes, ar
ntinues
id hara
u rt
J unt
■ . an
in
thi way it. look now.
they employed me to
of me to alibi them in
llcfcll.se objects
nl'IK . s for the defense, .luilC ( .
s and Audley Harris of Austin,
d nil led ions t( testimony time you to
v, again luring the day. de | chair:
g most of it t" be "prejudu al \ \ "That
■ mate ai am: irrelevant At one | Hut I think
mie hint ' Harris. a heated con- make a tool
i vi i . with state counsel, attempt-Jthe crime."
• i• i ni' •' tini' in being pre Kvi-rv person jammed in the court
• ' • t ptjrp.. I-.it to prejudice i . ,,n) held their breath in suspens*
,veti':g >p ' a I Prose-1 •, ring the testimony of Mrs. H. C.
Own.. remark that he1 who had been rooming a* Mr.?,
eg ' i ni' with the Waybourne's, though her testimony
1 ;t:led to compare with the detee*ive's.
dirty, filthy stuff . told of being called by Mr- Way-
-tan I right here .Mine, who had testified during fh'^
witnt - until the ■ ...ruing t , have been in a ta'. of
ii
ni
f th
we Will
- your
s us."
Harris
of
he
in
a a
-it
iat
to|
( .
venue Iat
ground
leiife in the atnto
overruled.
i ourt Reprimanded
ha- been • learly dem<
pi' • nted a motion
r in the aftei-
if prejudicial
phcre, which
i Indication following the
f her husband's body, and
go look in there."
liodv Face Hewn
Witness« s of the morning
! ,l t , th< condition of the
aving that the upper part of
l rated It urne'- body was lying on the
the
a <
■ ircum
Price
to the
«ort o
peech
Ra-
pomts
trial' and that I
efet.se an not procure fair
mpartial idgment under tne j
■ Unices." hi -llid Judge J. B. I
Iiff, red a ever' reprimand
court room to desist front any
' demoiistrainn following his
room,
Way-
floor,
ta e down, with tine leg tangled in
the In d clothes and one toe caught
, the !>••<!. Blood wa- over th' pil-
low with the ■ xcepton of a " lean
■ ir th center, and 12 gashes
tie head and neck were de-
im on v
h ti
the
1<" '
M'
II.
had
tht
iti.ned high
ca-> obtained
eek's employ-
v bourne
i that
o him In
murder,
and
Mrs. j
San
and
bout
cribed
Mi-.
Mine
■ . idenci
Harris.
Price swore that Mrs.
had ' aten no f<io(| that
■d tlicougi vomiting
tnti in western spring wheat belt
where har.est is not, in progress.
\ui{ust Cropwsathw
Muring first half of August, prin-
cipal precipitation will be expected
to be distributed over continent as
lest ribed for la.-t nart f July; gen-
eral precipitation will decrease to be-
lovv normal during month a.- an av-
erage, increasing ,-iightly in north-
west, on northern Pacific slope and
ii Great Lake- region During last
I ilf of month, precipitation vv: 11 l>e
.'en'-rally below normal and of more
general distribution, favoring late
v it; ist harvest in most sections,
io-t pi. cipitation of month will oc-
ur during the passage of sevtere
t< : m wavts centering on 10 and 23;
■ avie.-1 precipitation during fN t. 12,
- during 20 to 2fi.
A a general average, first half of
n n:h will be above and last half be-
• w normal temperatures, average
t mperature- for in nth for continent
b- ir:ir a littK below normal. Warmest
"•! nd will be from 1 to 10, coolest
riod !8 to 2'i St rm force will in-
■ a.-e 'luring August, causing great-
' Man usual extremes, but danger-
u- -torms will be confineu to the
• i type that cover small areas.
St mi waves will travel farther north
uiai. usual excepting during severe
siorm periods centering on It) and
when storm waves will be expect-
ed to reach far south on Pacific
.ope and in Great Central valley-.
Muring the average August, -torm
waves stay well to the n rth and
average temperatures -tay cb -•• to
normal. Storm waves of moderate
force will cross continent during
week- centering n 3, 10 and 28.
August will average generally good
cr pweathcr, mostly better than nor-
mal; most favorable conditions on
central and in rth Pacific slope and
;n ea.-tern Great Central valleys,
I ast favorable in far western Great
Central valleys. Killing fro.-t- of
August will ccur later that, u-ual
and will not be expected to reach
ma- vvn- re they are not of usual
August features. Principal c. p dam-
ig•• this month vvill be fr in haii
;.(| insects, severe storm damage
i.eing confined to -mall areas; dry
heat will do omt damage during
I first ten days of month, principally
1 in central and western Great Central
'esti-1 valleys. Severe -torm waves enter-
ing nn 10 ami 2H vvill be expected t>•
b most damaging in central Europe,
where high wind- and heavy down-
pour- will be probable during these
periods. Tropica! storm.- of August
will be expected to head south into
-outhern hemisphere, probably none
of them reaching North America.
I N11 KM MER< H ANTS OF
IE\ \S TO io\\KNK
Dallas Mis-
a forecast on
primaries compiled
from 70 counties through editors of
newspapers in these counties show-
ing Connally, Moody and Miller in the
lead respectively for U. S. senator,
governor and lieutenant governor.
The forecast written by Glenn Pricer,
managing editor follows:
For Governor
Some may remark that the product*
industry doe- not pay. The produce
j houses of Bastrop purchased from
tht. 1 iti/.eiis of the territory surround-
ing Bastrop during the period of Jan-
uary 1st., to July ISHh, approximate,
ly $l.r),000.00 worth of eggs. This la
not including the hens, fryers, tur-
keys and other produce Five year?
ago, we will venture to say that th«
merchants of Bastrop did not pur*
chase $1,000 worth of eggs during th«i
same period of time. This is just one
of the many things that the Bastrop
citizens are doing to get away from
the all-cotton way. From the sale
of eggs, it allows them to have casn
during the entire yenr, and the out-
|ih k for next year, along the poultry
industry line, is much more pros-
perous looking than this. Bastrop
should feel proud of their poultry
farms, and should boost them.
j Moody
W . irdlaw
Hawkins .
\S iln<atis
For U. S. Senator
i Connally
May field
()wsley
Blanton
Cunningham
McLemore
For Lieutenant
Miller
Love
Marvvin
Parnell
Met all
182,'i2f)
99,645
21 ,t|t>0
14,:10">
110, 225
101,950
00,025
43,285
10, 955
0,705
(iovernor
107,52"
105,78i
21,960
18.180
15,710
MRS W
H. RIN KRS SR. PASSED
WS I \S'I S \ I 1 RDAY
i •. . ■. , ry
told to
Moody Winner
Gov. Man Moody will win the nomi-
nation for governor in the primary
one week from Saturday with a clear
majority over his three opponents.
The lieutenant governor s rac<
between Barry Miller, present lwu ]
teannt governor, and Sen Thomas B.
Love. Miller vvill lead Love by a
large vole. Pussibly larjje ,enough
tt win in the first primary.
Sen. 'Carle B. Mayfield and Cong.
T m Connally are in a neck-and-m ck
race for the runoff in the I', S. s,-n-
ate race. Connally will possibly lead
in the first race and should win easilv
in the second race. Alvin Owsley vvill
ing vote- are exported to go to him
in th second race. Alvin Owsley vvill
be third and f'ong. Tom Blanton
fourth.
Thi- forecast • f the results of the
July 28 primary may tie fairly ac-
curately made from a poll taken
among Texas editors. The Dalian
Mispateh ha- -ent out letter.- to edi-
tor throughout the state asking
them to make an estimate of how
their counties will go in the three
!!.'•-• important rati"-.
350.000 Voles
Replies have lieen received from 70
counties, including most of the large
cities and accounting for 35n. 000
votes, probably mon than half of the
vot<. which will be cast.
Of tht- 70 counties, the poll shows
that, editors, in the their respective
mtie-. forecast that Moody will
• ,rry counties and Wardlow will
. arrv 0, A tie is shown in one
county.
Mi h IDE WOM \N HRo\\ \8
IN CISTERN
no
. e
see .
t her.*
w ih
and I
fee.
ned b
'Did you -
• aten?"
: ' I -to::
I listrii
. Mr-
\ t
Way-
dav,
She
rne
W
thing.
I-
a ,rne
all
On \uku*t Sixth
B> J. N. Pitluk
ith tht- advent of August
merchants from over the entire
Mt
sixth.
State
Henry Schmidt, who lives
u' fi'.t mile.- east of MeMad,. fell
a ci-ti rn Monday which contain-
• me five or six feet of water and
Mrs. Lucy John Rivers, widow of
the late W II. River.-, Sr., died Sat-
urdav morning. July 1 i, at 8 o'clock,
from the effect.-, of heart troublt, ar,
John Hopkins hospital in Baltimore,
Maryland, when -he had gone some
week ago for treatment, following
an illness of sev.-ral months.
The body arrived m Austin M(>n-
day afternoon accompanied by Mr.
and Mrs. W. C. River-, who were in
Baltimore at the turn of her death,
and wa- brought to Klgin to tho
family residence by the J. ( Miller
i o., undertakers.
Funeral -ervice were held I'uestlay
afU rnoon from the Methodist churcb
Mr. Barton of Austin, assisted by
Rev.-. J. W. Long, former pa-tor, and
M L. Darby, pre-ent pastor, of thft
Methodist church, condu ting the last,
sad rites. Interment was in tht El-
gin cemetery. Pall beare, s were
Randolph Allen, Dallas, Law son Riv-
er.-, Neil Owens, Ray Arbuckle, Ned
Carter. Bremond V\dotl. Bill Carter
and Leslie Ket-ble.
Lucy John Carter was the 'laughter
ol Mr and Mrs Fdward R Carter,
pioneer- of Bastrop county. She was
born May ti. 1850, at the Carter home-
stead about thret miles west of Ki-
gin, where he grew to young woman-
hood. Sh(. received her education in
iJas'rop undei Mrs. B. M. Orgain,
dely Known educator of this sec-
tion, and fitted herself for a vocation
• hml teaching. Three of her for-
mer pupils now reside in Klgin. name-
ly, Mesdame- Mary Wood and Tom
Cain and Mr. Joe Rivet-, who cherish
tender memories of the days spent
inder her tutelage.
On July 0, 18X1, -hi was married
at the home of her parents to Wil-
liam H Rivers They established
their hom<- in Elgin and to them were
born eight children, two dying in in-
fancy,
Mrs. Rivers was a devoted w if a
and was the inspiration which spur-
I red her husband on the pinnacle of
-tuccess reached by him. She wa an
adoring mother, )her children wen
'ways her foremost thought an<J in-
terest and she reared them with a
tarn! f iove dom nat-d by her sweet
jihi stian character.
She was a "friend to man. in her
house by the sidt of th< road," re-
joicing with her friends in their glad-
I ' . and weeping with them in their
f Texas are
S in Antonio
ion of Fall
tef ainment.
grams.
planning tt
for a full vv
tre'i- handi-i
and
tMilK'UT
gath -r
;k ifst
vari
una!
in
I i ri-
if rowrn
had g
from i
rn. It
before hel[!
to the back
ow topjK*d unde
believed that
ill and fell ir
ed the
arrived.
porch to
crgr
shi
hue
und
be •
-he
lit r
was equalled
declaration dur-
f Mrs. Gertrude
' ay, si-nnistre«s. that Mr-. Wav
■ hat) told tier he would "bump
old off" except for the fact that
had a job. Newt V'otow. Smith-
farmer, presented a similat
• tio:i hy relating that Mr- Way
1 at'
Call- Mm'
• 1 ma
it i t we
a'id
\\l\ 1 J (
f have
t f ' , 1!' TP
- town ,
h«' r
machine.
t out h
•p- and
M
ic.in
if Je
Invtdvt
. Mora
d
k wrt
ack of
i-.' YOQ
v ith vi]U
as
"Joe t
IT rse-
wr.tend
tha- Mr.
g'ntent
d the d
ay's drama.
wo oth>
IH't'Tl *
•r room- .
,' cause
i V
hired
the cO
comn
npla ' t a-
it the mur-
might
say ne
being
sought
:. y Sv.eriff
ib
e that a
T V^T
lsend.
Seve r:
1 witnesses
c. between him
t
id been
th. habit
y else
,ver Mr.
,f v,
«i! i ?. u 1
•• Middleton
■ mith
hat to
WiH.dy
5M- -\X*
! acre
ss the
• ret t from
• some
good.
kVavfi
rne h
•"ie, ani
1 that he
he defe
,se WeCS
w d
•M:«. S1
least
twice
r the . :irly
itinued
W e,*k
lt< fore
,y*i■• •urne
d that
I had
,
munlcr *
•d on
••utidav
e same
th> ug'.t
V
* m * v
indicated tha
• the Mexi-
have
been a
. d left
th«. country -
••m after as
w h • c<
immitted
had «
• n him m"r
tha' once
We hav
. got to
that ti
me
* * ! I.
off our
f y
\T r4
V
ivi dla
w«s
p-it r.
t
"the' - and
> dl«s
inued
1 C'.iul
i get rid
(Cont
on nag-
•p
)er
ing
pn
th'
-an
ing
sorrow
the
Her
art
ph
She
ingry an
hariiabb
shared her
d clothed
worl ari'i
n' * r o \vr <
d only "He
br
tht
de
iui«
ad witl
needy,
were
Li r i u.s -
know*
f her
\ («o kJ I loor Polish
quanti
An?
in* ari-
ipel of
am
f
n v ♦
at
r the
ntion
of
HI
more iav
. . m pi v
. •■ lone a
the ser
' um pie t
IV
>u*tn
Texai
tners. Ac-
: being pr -
have t*-en
Trade Met t
ale thar. has
rnptfl.
planning, a
merchant- a -
has tioin worK
rubir.es the elements of
th,. equally important
m t p< rfejtly. M*
*,g th« Trade Meet will
dir.' !. and entertained
and more frequently
i years. This ha< not
the expense of elin.ma*-
u elements, how. -.er,
to
t
\tr
wort
staui
Eli
- We
iwhil
i
tial
ent
i ve -
ery
a
n
th'
>1"
.'tam-
ii on
Fi
hand! •
r hi
d
me
■range
• ime has been allotted
!i«cu*sions, j oluti( n.-
hatil - ' problem - helpful
tt< mient of business, ex-
worthwhile experier n
discussions,, and oppor-
, f. r the -election f
Met rant- Larger ari
-ti.M ks. tii« very latest I
•h.indise, ar.ii du« to grea'
nv>st reasonable of prices
tort for tht selection c
Mrchants when they m-
city tm August :xth.
week Will U- spent h>' the
in San Antonio, where
!■ , par-.iking of th,. many lavish
•• rtainments provided for them.
• >;• r*. will be - ifficient time for a
.rely handling of all business
matter-. A wonderfully wellrounded
: .'ran; ha- be ■ evoived and to
tho-i . are in charge of this w r>..
at • r* dit is du '-
irter.
beariri
the bt
,11
iveil I
r tht
went
the 1
111
• t:
\n entir,
n hants
of
e.«
as
and
of
Tt
c< i dolt tie' the b> reaved ! v< d o
poured in from all over the -'ate
the word of her d< d\ went out,
llor.il offerings fror the legion
friends came as mut< messenger* , t-
pr« -ing ynm it . giw g ev iderica
of the gnat love for this woman
among womt": Flowers were so
um "ou- that th# entfre kfwt
burial pi t wa practically covered
with a blanket of beautiful blossoms.
S irv-tvi' g her are two daughters,
Mr Per y F Tvirtier, Houston, an 1
Mr« Clarenct A. Millner, Mt. V r-
no- N V f'tur sons. M L., W H.
Jr W ( and Roy M Rivers, all of
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Schaefer, H. A. The Bastrop Advertiser (Bastrop, Tex.), Vol. 75, No. 9, Ed. 1 Thursday, July 26, 1928, newspaper, July 26, 1928; (https://texashistory.unt.edu/ark:/67531/metapth206598/m1/1/: accessed July 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Bastrop Public Library.