Abilene Daily Reporter (Abilene, Tex.), Vol. 13, No. 208, Ed. 1 Friday, April 2, 1909 Page: 4 of 10
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WK AMILKNK DAILY REl'ORf ER 'JWilAV Al'lUL 2 1W.
--JL
' "M 1-i.i MM.-'a!..Jl.i-J-. .i....i.i Hi Hi ! i Hi mi ..
NEW HATS! NEW HATS!!
We are just in receipt of another niaijfWbnMOf Ladies' Trimmed Hats. They range in price
from $1.76 up. This is the nicAt JKjfifnoney we haye'had this season We feel proud of
....
U
' ' " them As this is a new busin
them. As this is a new businlSs forM a Jr are going to make some very special prices this weeic.
We are willing to sell these goods cheap as we are determined to maKe the Millinery department a
Sellers Dry Goods Co.
winner. We realize that we have to make prices as. the other millinery houses are already esfcabUm-
arl mid n.in rrah more for their eroods than we can. Be sure to see us this week if vou want a newlha
! t
iAOE I OUR
I
fitjj'
r .
i j
it
.yy
"I DID NO! KILL
ALEX SEftRS!"
. .' (Continued from pago One.)
Abilono property-".
"When you returned to Abilene what
ilhl you da with the deeds rind ab-
stracts ?"
"I put the deeds and abstracts In
nn cnvolopo but do not remember
whore I was at the time"
"What did you do with them then?"
"Mr. MeCammon addressed one en-
velope for mo to the county clerk of
Callahan county. It was n largo en-
velope but I do not romember the
color of It. It had a roturn card on It
marked with 'return to J. T. Barnett
Abilene Texas-".
"Did you ever mall the deeds and
abstracts to Alex Sears f
"Yea I put both deeds and both ab-
stracts In a large envelope and mail-
ed them at the post office here. I do
not remember how many stamps 1.
put on the envelope."
"How" .full Was this envelope?"
N fit was pretty full."
"Did you put In n note or letter of
any kind explaining what these deeds
-were?"
"No. I think not.. I considered that
it would be unnecessary as wo had only
talked about the two' pieces of proper-
ty mentioned."
"To whom was this addressed?"
""lo A. C Sears Anson Texas."
"Had yon ever described this prop-
erty to Alex Sears?"
"Yes. When we had talked before
I told him what the property was."
"dan you then give an accurate des-
cription of your property now?'
''Yes." ' "
"Then tell us what the numbers o(
your lots and blocks are?" .
"That I don't know about the Clyde
properly but know that my Abilene
lots are numbered from one to nine.
I don't remember the number of the
block."
Defense Objects.
"Then tell us please JMr. Barnett
. now you could expect Alex Sears to
know about the property when you
yourself are unable to tell any more
about it?"
. Here the defense entered a stren-.
nous protest against the argumenta-
tive examination of defendant. Judge
Blanton instructed the jury to pass on
'it themselves.
"I was satisfied that Sears would
know what property the deeds refer-
red to" said the "Witness.
Intermission Grunted.
Here Judgo Blanton stopped the
questions for two minutes and opened
the door of the court room allowing
those who wished to leave before
twelve to do so. This was made neces-
sary by the continual shuffling of feet
and other eveidences .pf restlessness
After the crowd bad again settled the
door was locked and the examination
proceeded
-JVhen did you leave here for the
Sears place?"
""January fifth."
" "Where did you stay that night?"
"With Sears." '
'!Dld you discuss the trade-any that
night?"
"No?'
"Then you stayed at Sears house all
that nlgbt and did not mention the
I ' h '' iOWS
)l 1"-'- ..JSmft&aM
' pfROSIN0 NEW YORK DETECTIVE SLAIN IN SICILY.
Joseph PetroslHO the New York detective who was killed by Mnfin plotter!
la Palartuo Stelly was one of the most cfiloleut police otlicern in the Unite?!
- MUy He kmsw more about the methods of the Italian anarchists and Hit
MCIMI of th s called Bhtck Hand outluWH that Infest the Itallun quartoi?
tf -Niw y'H than any other man In the country. He had cupuired seores-.ol
:vm mvi daring crluilaata awl .HWavoled imuiy mysterious crimen i'ur ycuri
ounawa nan avusnt w """
trade at nil?"
"Wo might have mentioned some-
thing about the cattle but I do not re-
member It."
"When did you talk about the trado?
"The next morning we talked some
about it while wo wore out at the cow-
pen." "Won anyone else present."
"No".
"What wob said nt that time?"
"I told Sears that I would want the
hogs delivered as soon ns possible."
"What did ho say?"
"Sears said that ho wished I would
take all the cattle ho bad at that
timo nbout forty head. This was' on
the sixth of January."
"When did you leave there?"
"Tho morning of tho seventh I drovo
a few hend of cattle from the .house to
tho pasture and thon rounded up tho
others and left tho Sears place about
ten o'clock.
"Was a bil lot sale signed that
day?"
' "Yes. After we had turned the cat-
tle Into the lane Sears signed the bill
of sale. Ho gave me tho Bill of sale
and I gave lilm a check for ono thus-
and dollars. Sears then said that he
had received the deeds and that they
were all right.
Deeds Itecclrrd.
"Do you then tell and swear to this
jury that on either tho sixth or sev-
enth day of January 1009 while on
the Sears place that Alex Sears told
you he had received the deeds and ab-
stracts and that they were all 'right?"
"Yes."
"Now Mr. Barnett did you not real-
ly mail thoso deeds on tho eighth of
the month?"
"No."
"Did you not. send one abstract on-
ly?" '
"No 1 sent both deeds and both ab-
stracts." .
Wanted One Returned.
'pid you say anything to Sears
about either one of tlie abstracts at
that time?"
"Yes. 1 told him that Mr. Rhodes
wanted one ot them returned to him
and Sears said allrlght.
"Then why didn't you bring that'
one back with you?"
"Because I did not know then that
Sears had It with him?"
In answer to questions about any
written letters memorandum or oth-
er dounients Barnett stated that he
did not remember having ever passed
any written contracts at all w.ith
Sears. Defendant stated that on that
night ho went on to the home of' Mr.
EsteS- and remained that night and
that the next day A.-O. Sears drove up
three more cows and one yearling and
asked Barnett to go and get a calf
some waysdown the road. He then
got one calf from Clyde sears but
none from Claude.
"What did you give Clyde for his
calf?"
'Fo'urteen dollars. I gave him a
check"
"Who exec'uted tho first bill of sale?
"Clyde Sears did and theii later I
bought one cow from Claude Sears
and gave hiin $22.50 for It. Previous-
ly to this I had bought several small
bunches of cattle from Claude Sears."
"What prices had you been paying
Ales SearB for his cattle?"
"One time I gave him $25 for two
caws 'and at other times I had bought
from him for $20."
Returned Home.
"When did you return home?"
"On the night of the eighth."
"What time?" . t
Ml don't remember"
Went to Fort Worth.
"Where did you next go?"
"Aftei nbout a week I went to Fort
Worth" .
"Then you wont to Fort Worth about
tho fourteenth."
"Yes."
"Had you at that time received a
notice that your check to Alex Sears
had been turned down nt tho batik?"
"Yes. 1 had a phono talk with him
tho day before 1 went to Fort Worth
and ho told mo not to think that ho
was afraid about tho check but that
he was in need of some money. Ho
called me up about it. I told him that
1 would either come up tho next night
or send my brother up to (fix) up the
matter. 1 wub at the central olllco nt
the time of the conversation and this
was tho only talk I had with Sears
between the seventh and twenty-
iilnth." "Did you ever try to talk to him
after that?"
"Yes I put In several calls but fail-
ed to get Sears."
"How long did you stay in Fort
Worth?"
"I got there Sunday morning a'ud
stayed until Tuesday."
Scars Hero pu 29tli.
"Why did Sears come here on the
29th?
"He did not stnto but I supposed
It was about that note for $250 that
I diad not yet taken up. He telegraph-
ed me from Fort Worth that he was
coming and I met him atjhe train. He
stayed at my housp that night and the
next Morning I carried him to the Abi-
lene and Northern train."
"Did Sears ever mention the note?"
"No; .not after I .had told him my
reasons for not paying it."
"Was anything said about the cat-
tle? "Yes. I told Sears that X would
be up tho next day after the rest of
my cattle which were about three
hundred head. He said that he did
not know' just how many he had got
ten together."
Burnett Rented House.
"Did Sears ever take possession of
his place?"
"No. I rented it from lilm until the
time when 1 would leave arid go
west;." v
"What were you going to do?" . -
"I was going west as soon as got
out of business here. I rented" the
-house from. Sears" for Twenty dollars
per month."
"Did you ever pay any rent on tho'
house?" t
"No.'' We made 'the rental contract
on the last day of January' and I nev-
er did pay him any rent but told him
1 Would soon." " i
"When you left Sears with the cat-
tle where were you and was anyone
else present?"
"t left Sears at the gate and there
was no one else present at :the time.
I had been introduced to several par-
ties during the day but do not lemerh-
ber their names."
"Did not Alex Sears In the presence
of 2 other people besides you say that
he would come downon the following
Monday night the first of February?"
"No He said he would be down
soon probably Monday or Tuesday"
"When did you return from tlie
Sears place?"
"I got home about twelve o'clock
Suuday night. I came down town
Monday morning about nihe o'clock
and went to Anderson's meat market
and then crossed over to the south
side later. J Baw my brother on the
way across town and he said ho was
going to the slaughter pen.
' "When did you decide to go to Cisco?-"
"I decided shortly before time for
the 10:25 train that morning and went
down. When I returned that aftor-
noon I went to see Henry Sayles and
took up one of the notes"
Saw Johnson at Cisco.
Continuing his answers Barnett
stated that he returned to Abilene on
tho first train that afternoon and that
while in Cisco saw a Mr Johnson who
gave his name as W. A. Johnson. He
had first met this Johnson in Fort
Worth at tho Metropolitan Hotel nnd
was Introduced to him by a Mr. Mont-
gomery who lived at Sail Aneglo. He
saw Johnson again tho Saturday morn
lug in the stock pens at Fort Worth
and it was thon that they started a
trade. Slnco that time he has not
seen Johnson except at Cisco and did
not know where he lived. The attor-
neys for defense have tripd to locate
Johnson and issued a subpoena on
tho 27th of March for him Defendant
stated that ho went to Cisco for the
purpose of getting somo feed ns ho
could pot get It here and met John-
bou while there Ho offered the cat-
tle to Johnson at $20. delivered to
Fort Worth or $18 at Abilene Bar-
nett said that ho paid tho note off
with a check ou the "first State Bank
and Trust company and did not romem
bor thajsxactjlmo of day hut was pos-
itive that It was on he first of Febru-
ary Ho stated that he had been ex-
pecting Johnson in Abilene that morn
lng and was down town to seo if he
had como. Barnett had left his ad-
dress with Johnson and told him
whore to find him. He did not look for
Johnson at tho hotels Barnett said
ho had received a letter from Johnson
stating that ho would be hero on the
first and had told Kpperson and his
brother about tho letter but had not
shown 't to them.
Johnson Described.
"What kind of a looking man was
that fellow Johnson?"
"He 'weighed about 140 pounds was
nbout thirty-ilve years old dark com-
plected about like Mr. Sewell there
voro a ficrby hat and dark buU and
no mustache.
Barnett stnted that thero wore oov
oral other "people present when ho
was introduced ' to Johnson but did
not remember their names and thai
he did not know the financial standing'
of Johnson but supposed that he had
pbnty of money to pay for tho caUlo
Whilo nt Clsct Johnson paid nothing
nbout coming to Ablleno then but
asked Barnett for his address and
said that ho Would como lator and
thta ho would wrlto and make Barnett
a price on tho Cattle. Barrtctt stated
tnnt ho received tho lotter frdm. John-
son about tho 27th Of January. Tho
lcttor stated that ho would bo hero on
the first of February nnd Barnett did
not reply to (tho letter nnd neither" did
ho wire. There were no communica-
tions at all. Barnett testified that he
told Johnson the cattle were In Jones
county but that he would have tho cat-
tle hero by the first of February.
Never 'lold Scars.
"Did you ever tell Sears that you
had sold tho cattle to Mr Johnson?"
"No."
"Did you not tell Soars that you had
gotten $20 for them and that you had
art offer from Johnson?"
"I never told Sears that I had an
offer from Mr. Johnson but I told him
that I had tho cattle sold for $20.
"When did you leave Cisco?"
"I left Cisco on tlie first west bound
train iii.thc afternoon.
Noon Kccss.
Here audgo Blanton lutenupted
and announced that a recess would
be taken until one thirty for dinner.
After the prisoner had been taken out
by the officers Judgo Blanton caution-
ed the spectators that the stairway
had been prortounqed as .unsafe if the
peopje crowded on them and rushed
down. Needless to say the crowd
was more orderly than ever in leaving
the building.
Afternoon session.
Aii Increased crowd over ' that of
this morning attended tle afternoon
session of the Barnett trial .today. The
defendant still occupied the stand hav
ing been there continually since the
early part of last night's session.
"When did you get to Cisco Monday
morning?" asked counsel for the
state.
"I don't remember the exact time;
left here at 10:25 don't think we took
dinner at Baird; got to Cisco on time."
"Did I understand you to testify" that
Mr. Johnson did not make you a price
on the cattle at Fort Worth?"
"He said be would write and give
me a price."
"That is your recollection?"
"Yes sir.'
"Then if Johnson had not offered
you a price for the cattle why did he
write out a telegram to you saying
for you to ship the cattle and draw
on him for same?"
Counsel Cunningham for defense ob-
jected' on the ground that the answer
called for a conclusion of the wlti
ness; objection overruled.
"I thought he meant If I would take
tw6nfy dollars around."
"That Is your explanation?"
"Yes sir"
Counsel for the state probed the
witness Closely as to his meeting with
Johnson the position of the train
when It stops at Cisco and particular-
ly relating to. the telegram serit to
Abilene. Barnett was made to tell
where ho went after he returned to
Abilene his movements from the time
he went home Monday night until his
arrest Wednesday night The taking
of his testimony was interspersed with
frequent clashes on the parts of the
attorneys. The situation became quite
strained until Counsel Wagstaff for
the state inadvertently poured a glass'-
ful of water on the foot of Counsel
Hardwlcke for the defense which
made everybody laugh and restored
general good humor. .
At three o'clock the court gave a
recess of five minutes.
(Jeorfjo Barnett on Stand. ' -At
three fortyflve tho cross examina-
tion of Tom Barnett was concluded.
Tio defense then propounded a few
questions to Barnett nftor which two
other Witnesses included Geopge Bar-
nett wem introduced.
The Ited-ltock of Success
lies in a keen clear brain backed by
Indomitable will and resistless energy.
Sucli power comes from tho Bplondld
health that Dr King's New Lifd PUIS
impart. They vitalize every organ and
build up brain and body. J. A.. Har-
mon Llzemore W.'va. writes: "They
are the best pills I have evoi used'
23c &( J. D Magoe'a ;nd Mc ueniQM '
Bass Di ug Co.'Sr
-. Jloney Conies ht Riiiiclics .;
to A. A Chlsholf of Treadwoil ' Y..
now. His reason is well worth read-
ing. "For a long tlmo I suffered
from Indigestion torpid liver qonBtl-
pation nervousness and general de-
bility" he writes. "I couldn't sleep
had no appetite nor ambition grew
weaker every day in spite ot all med-
ical treatment. Then used Electric
Bitters. Twelve bottles restored all
my old time health and vigor. Now I
can attend to business every day It's
a wonderful medicine." Infallible for
stomach liver kidney blood and the
nerves. 50o at J D Magee's and Mc-Lemore-Bass
Drug Co.'s
'"'"""" '""- ' ' ' ' ' r i i i ii- i .
KfctU . ..;-..t-aiM
MIDWINTER CATCH OF KINGFlSH IN FLORIDA.
Fishing off the const of Florida Is better this winter than It has been IB
several seasons. Tills picture shows a' catch made by Captain Maddox in tho
yacht Carlb nt Miami. There hie forty fish the string weighing 1.500 pounds.
Borne of them were bitten In two by sharks that followed the yacht.
UPSET STOMACH
ENDS FIVE MINUTES AFTER TAIC
ING SOME DIAPEINSIN t .
' it
EAT YOUR FAVORITE FOODS
Stops Fod Fermentation mid Cures
Stomach Trouble Before. You Re-
alize It '
Take your sourstomach--or. maybe
you call it indigestion dyspepsia gas-
tritis or catarrh of stomach; 'it doesn't
matter take your ' stomach trouble
right with you to your pharmacist and
ask him to open a -50-cont case of
Pape' DJapepsin and Jet you eat one
22-grain triangle and see If within
five minutes there is left any trace of
ilGESTN
$ftfw$m(fJiMi
are your sort Made for nobody
but young men-r-hut for gentle-
men not clowns. The styles are individ-
ual and saved from eccentricity by good
judgment Regular sizes proportioned to
overcome the variation of developing figures.
Built-out chests and built-in waists. Filled
with Jtand-tailoringio make'ems and
to make the shape stay. You won't strain
the grace out of the garments and you
won't strain your pocketbook when you buy them.
M inter Dry Goods Co.
AUILEWS PROGRESSIVE STOKE.
your ''stomach misery
Tho correct name for your trouble
Is food fermentation food souring;
the digestive organs become weak
there Js lack of gastric juice; your
food Is only half digested and you be-
come affected with loss of appetite
pressure and fulness' after eating vom
Ring nausea heartburn griping' in
bowels tenderness in pit of stomach
bad taste in mouth constipation paia
In limbs sleeplessness belching of gas
biliousness sick headache nervous-
ness dizziness and many other similar
symptoms.
If your appetite is fickle and noth-
ing tempts you o'r if you belch gas or
If yqu feel bloated after eating or if
your food lies like a lump ofc.lead on
your stomach you can make up your
mind that at the bottom of this; thero
is but one cause fermentation of un-
digested food.
Prove to yourself after your next
meal that yoitr stomach is as good as
any; that there 4s nothing really
wrong. Stop this fermentation and
begin eating what you want without
fear of dlscSmfort or misery.
Almost instant relief is awaiting
you. It is merely a matter oPhow
soon you take a . little Dlapepsln.
m
1
I
rm
i
!.et' ..
WMMiiiFray
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Abilene Daily Reporter (Abilene, Tex.), Vol. 13, No. 208, Ed. 1 Friday, April 2, 1909, newspaper, April 2, 1909; Abilene, Texas. (https://texashistory.unt.edu/ark:/67531/metapth315539/m1/4/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Public Library.