Sherman Daily Democrat (Sherman, Tex.), Vol. THIRTY-SIXTH YEAR, Ed. 1 Tuesday, August 29, 1916 Page: 4 of 8
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PAGE FOUK
SHERMAN DAILY DEMOCRAT.
Tuesday, August 29. 19T6
New Silks an Woolens
For Fall and Winter
This will bp a great Silk Reason and we are showing great
quantities of Fancy Plaids and Stripes for Dresses, Skirts or Cotn-
blntton Suits of Plain and Fancy Silks or Fancy Silk and Wool
combinations. The latest designers are showing many very bandsfrne
models of Fancy and Plain Silk. Also Fancy Silk and, Wool combin-
ations, and the advanced prices are not so high
$1.00, $1.50, $1.75 and $2.00.
THIS WEEK THE LAST CALL no ail Summer Fabrics and
Garments. You will be astonished at the Prices.
Mason- firackney Co.
TIE GREAT LOW-PRICE DRY GOODS STORE
Fact No. 9.
Of the five modern concrete and brick structures, oil
the campus of Austin College,
Not one date* back beyond 1907.
- .»f' \$T'.
While old in history, Austin College is distinctly modern
and up-to-date in practice.
(FACT NO. 10 COMES FRIDAY.)
Fresh Vegetables & Fruit in Season
^Eat plenty of Vegetables and Fruits and you will enjoy good
They are full of nourishment and have a beneficial influence
upon your system.
BUY THEM OF
C• fl. Pierce
THE SANITARY GROCER.
The Car People Are Saving
Good Things About
r:.j' r-
CHEVROLET
REDUCED PRICE
Model 490—now $550
DELIVERED SHERMAN
CARS READY FOR DELIVERY
CALL FOR DEMONSTRATION
; Phones 508
SHERMAN TRANSFER CO.
See Our Display Room at Binkley Hotel
IT WILL PAY YOU TO READ THE WANT ADS.
:OOOOOOVOOOOO
Sik Mmfeiry
New styles in Fancy Silk Hose—see
the new Dark Fancies, also white combina-
tions—complete line of solid colors. Best §
brands of Silk Hose in Kayser, Gordon, and 8
La France 5
AT 98c THE PAIR.
V a
*
THE -DEPENDABLE STORE
@®®®®S®®$®®®®®®®®
® e
;; Amovrj the- Courts *
®®®®®® -
All pro*peels of the Ilarjier Bennett
east* coming to a dost* lids morning, as
was anticipated last night, vanished
when the state took up its • rebuttal
testimony today.
Cal T. Freeman, who is assisting the
state, is making a huril fight, together
with Mr. Clifford and Mr. Cummings,
to break down the defense put up by
Col. itandell. Judge Hassell, Judge
Finley and Judge* Ben I,. Jones. A
number of witnesses were put on the
stand and at no period of the ease hitve
all the points been harder eonti*sted.
It is evident now that the state will
not complete Its rebuttal testimony
before tonight, and then the defense
has several more witnesses to put on.
It,will therefore be about noon tomor-
row before Judge Garnett will be
aide to read Ills eharge to the Jury.
The case is still attracting the same
intense interest It has from the start,
ami at all times today every seat wa*
taken, many ladies being in the aud
lenee. Ins*
The concluding testimony of Jessie
Freeman was taken when court re-
convened yesterday afternoon. after
which George DivSpntn. a nineteen
year-old boy of Pottslwro, testified t<
seeing Dr. Hogan one night In an nl
ley. on which occasion the doc tot
stopped witness, Inquired who he \vu
and his business, informing him wlter
DeXpaln told him. that lie was no)
the party for whom he was looking
The alley ran to the rear of the home
of Sam Bennett, brother of the etc
fendaot. The doctor was carrying a
pistol. ‘ On motion by counsel foi
the state tho..conversation passing lx*
tween tin* doctor and the witness Wa-
excluded from ^hc testimony.
The first character witness so far
by the defense* was called this after
noon. Ca.pt. A. W. Hnlett, a resident
of Denison for the pnst nine year*
and of Pottsboro prior, la this time
since 1867 testified that he had known
the defendant, Harper Bennett all Ids
life and that Ills reputation for a
peaceable, law abiding citizen was
good. Witness was excused.
Mrs. Jessie Hogan, former wife,of
the deceased, Dr. 8, L. Hogan, and a
sister of the defendant. Ilaris*r Ben-
nett, was called to the stand at - Ml
o’clock'. Site remained on the stahn
the greater part of the afternoon.
Counsel for the defendant proceeded
to set fortli the close bond existinj.
between witness ami her brother, the
defendant, in that her brother,,Harper
had since the death of their mother
been her special guardian and pro-
tector, that to him was communicated
Iter trouble arising out of the ncensa
tlons brought by her husband, laid
lief ore the jury in certain allegation
In the petition for divorce; that tier
brother, Harper Bennett,, had been
aware of the threats made against
both him and his sister, Mrs. Hogan.
Mrs. Hogan testified to being thirty-
five years of age, living at Pottsbom
all her life, having been married nine
years and in this time having beet,
separated from her husband three,
times and that the last time she se-
cured her divorce frotp him.
Mrs. Hogan stated that she wa*
afraid of her husband, Dr. Hogan, and
feared for both her own safety and
that of her brothers. Counsel for
the defendant laid tiefore the jury
eertnio portions of the petition for dl
voro»*>ontnining the allegation of the
plaintiff Mrs Hogan, against het
husband, Dr. Hogan, on whleh ground.*
she secured her divorce. The petition
charged that the defendant, Dr. Hogan
repeatedly accused Mrs. Hogan of be
ing untrue to him without any cause,
of’ setting their home on fire and of
using physical violence toward her.
Theln trod action of the petition at thl*
time was strenuously opposed by the
counsel for the state but was overruled
by the' court.
Counsel for the defense showed that
Harper Bennett was made aware of
all these troubles by- Ills sister, she
often consulting him in regard to het
domestic troubles.
Mrs. Hogan told of being in her
home about a block distnut at tin-
time of the killing, of hearing the
shots and of procuring a pistol and
going out, onto her front porch when
she saw her husband sinking near the
and her brother, Harper, moving about
near the Parrish fence.
Cross examination for the state wn«
lead by Cal Freeman. Mr, Freeman
showed that Hanicr Bennett was
hut four years older than his sister,
that both had lived tdifothcr at Home
with their father until Harper left
home at the age of IS. On returning
to Pottsboro Mrs. Hogan was martlet,
to Dr. Hognn. Against the evidence
of the witness concerning the fear she
had for Dr. Hogan, Mrs. Freeman set
forth the meeting between Dr. and
Mrs. Hogan in which the question of
alimony was discussed ,and the fact
Mrs. Hogan of her own accord aim
with the consent of her brother, Ilnr-
jicr, went hack to.live with Dr. Hogan
after their second separat I on.
ltebuttn) by the defense brought
,ijt the substance1 of a letter brought
to Mrs, Hognn by a Mrs. Brown, Dr.
Hogan'* housekeeper. in which the dot-
tor accused Mrs. Hogan’s brothers of
knocking him (bit of u thousand dol-
lars “but that there would lie a here:
after.” Mrs. Hogan also told of going
to the home of the Judds’ on the night
of the fire. Witness left the stand at
5:40, having been on almost three
hours.
The defense called for Mrs. Tallinn
Childs to go on the stand for the
second time during the course of the
trial. ITer testimony was In corrobo-
ration of tliat of Lloyd Judd concern-
ing Judd’s actions atsmt tlte time ol
the homicide, she having seen him at
the time.
Mrs. ClilMs completed her testimony
after siip|ier. and a rigid cross exami-
nation failed to change anything previ-
ously given.
Ora Beldcn of Sherman. F. A. Childs
of Pottsboro and E. T. Judd, also of
Pottslioro were placed on the stand by
attorney* for the defense as character
witnesses for the defendant and all
testified (lint the reputation of the
defendant, Harper Bennett, for truth
and veracity- Is good.
Judge Jeff W. Hassell, attorney for
the defendant, then moved that tin*
testimony of the witness. Ward, which
had lieon stricken from the record lie-
ettnse tin predicate had liecn laid for
It. ho reinstated and Mitts save the
time ami tronhle of getting Mr. Ward
to Sherman today. This request was
refused by the state mid the court
sustained the objection.
On en ss examination of E. T. Judd
when In* was placed on the stand as a
•’hariuter witness for the defendant.
Ca! T. Freeman. of the state’s side of
>1h* ease, asked Mr. Jndd If he had a
-ertnin conversation with Herman
Thonta. a German farmer of near
Pottsboro, and said certain things
about Dr. S, I,. Hogan. Mr. Judd sain
hat he had not lmtl the conversation
■eferred to.
Deft ndsnt Hoe-, on Witness Stand.
At 7:45 o'clock the defendant. ITar-
-er Bennett, went pit , tjie witness
dund. jie was oiiiWlocd by Cob ate'
B. Ramie!!. • .....**
He testified in * tiled;,noe as follows-
“My name is Harper Bennett : I live
at Pottsboro: I am the defendant it
‘his case. On Sundn.i morning. Jan
1016, (the morning of the homicidal
I got up about !l o'clock. 1 had
stayed at the house of my sister, Mrs
Hogan, in. I’otuletro, as I had been,
*iping for several weeks. My slste*
itud bqctt kick and I went to her room
door and asked her if she was able tr
get her breakfast. She replied that
she was. and I Mien built a fire for
her and got. a bucket of Water. Then 1
went do her room door and asked het
if I could do anylhtng else for her
and she said no. 1 Mien started te
town to got m,v breakfast. When 1
opened the front door I saw Dr. Ho-
gan on Ma* sidewalk In front of m*
sister's house. He was opposite the
gate facing the house. T stepped on*
of Mte bouse and closed the door. Dr
Hogan looked up and saw me and
went on down the sidewalk toward-
town. T walked on towards town be
hlml him. Ho looked back and snv
mo atal slowed up. 1 noticed that h*
bad slowed tip and I slowed up also
He bsiked around and saw me agalt
and went on. I walked on lielilm’
him. When, we got to the corner o'
the street where it turned south h
was on the west aide of the street. 1
walked along behind him on my wa*
fo town and when I reached the foe
-bridge at that point he was on th
west side of the bridge, near a larg-
‘roe. When la* heard me strike th-
bridge he wheeled around arid com
-neuoetl shoot lag at me. I pullet] nr
Tin. having crossed the bridge in th
meantime, and fired two shots at him
Ty the time I fired m.v second sho
Dr. Hogan’s gun was empty and h
hrew It to the ground. I thought th*
•hoottng 'vns over and I ceased t*
'ire anti commenced to back awa>
Dr. Hogan pulled out the second plsto
tnd began shooting at me again, firirn
•it in a through the forks of the tree. 7
hot two more times at him. When I
Trod the second shot of tills last vol
’ey Dr. Hogan ceased to shoot and
made some kind of an outcry like h<
was trying to say something. I had
one 'eurtridg* left In m.v pistol wher
Dr. Hogan censed firing at me, bu‘
lid not shoot. TJiere were five load
*d cartridges in nj.v pistol when I com
menood to shoot. I shot four of them
tnd one was left unexpioded in mj
ilstol when I censed firing.”
Mr. Bennett, described his pistol as t
Colt’s single action .’{8-calibre pistol.
Mr. Rrtiidell there exhibited the plsto
fo the jury and had Mr. Bennett re
move the chamber, or magazine, froir
the'frame.; Tilt* cartridge that wa
unexpioded was nisei shown the jury.
Mr. Bennett said that when Dr
Hogan got behind the tree that In
kept Ills face to him. Bennett, ant’
hacked behind the tree.
The witness testified that Dr. Hogar
shot at him. .Rennet. about five time-
tiefore he, Bennett, lmd tin opportunity
to return the* fiiC.
He said as he walked behind Dr
Hogan going to town for his breakfast
he did not. draw a pistol, or make an*
motion towards Dr, Hogan, anil had
no intention whatever of doing so. He
said that he lmtl been staying tit the
home of his sister, Mrs. Hogan, at
nights for several weeks. and had
lier-n taking the pistol there at night
with him and taking it hnek to hi*
own room in another part of the city
each morning.
After tin* shooting, Mr. Bennett tes-
tified. he stayed on tin* ground two or
three seconds and then returned to (he
home of his sister. Mrs. TIogan, then
Went to Mte home of his brother
Frank, and Inter came to Sherman and
surrendered to jhe officers.
The witness testified that he. Ben
nett, is five Bet six inches In height
and weighs 140 pounds.
Mr. Bennett testified that It Is forty-
two inches from the ground to Mte
forks of the tree through which Dr
Hogan shot at him.
This concluded the testimony of Hu
defendant, as brought out by the
tine-tlons of Colonel Tlnndell, after
which Mte wtints* was turned over to
the state for cross-examination.
To the surprise of all the counsel
for the state did not cross examine
Mr. Bennett, and announced that they
would not do so.
it Is stated that this is perhaps the
first time In Mte history of a trial in
Texas for murder where the defendant
has not lx on closely crosa-quost toned
by the state.
Following Mr. Bennett’s testimony
there was a recess of fifteen initiate*
anti during that time the attorneys
for the state and the defense then an-
nounced that It would rest its ease
Until this morning.
State Starts Rebuttal Testimony.
After court hud been called for or-
der. following the recess, Herman
Thomn was put cm the witness stand
by thp state. He testified that he lias
resided on the same farm at Martin
Spring*, three miles west of Potts-
boro. for the last thirty-two years. He
said that In Feb. 11113. he had a con-
versation with E. T. Judd at the gin
it Pottsboro. In which Mr. Judd had
aid to him' that Dr. Hogan was a
langerous. Indecent and Immoral man
tnd should t«* run oat of the country
by the people of Pottslxvro. Mr. Thonta
♦estifiod that he had told Mr. Jndd
hat he would have nothing to do
with any such movement.
The attorneys for the defendant
‘rled to shake Mr. Thowa’s testimony
tnd succeeded In showing to the jury
‘hat the witness could not rememher
<thej* incidents of that j;car as well as
,te could the Incident on whleh he
‘estifiod. Mr. Thonta gave his ago ns
seventy years and his occupation a* a
farmer.
Mr. r.nngslott of Pottsboro was
•laced on the stand and testified that
to had, heard the shots fired on the
'morning of Jan. J. and that! he heard
ilmut fourteen In all: that he first
Joard two heavy shots and then about
en not quite so heavy and then two
nore heavy shots.
This evidence was submitted h.v the
fate in an effort to show that Mr.
’{ennett fired first. .
Colonel Itandell gave the witness a
moiling cross examination hut lie
tuck to his story. However; It was
brought out tlmt h« Is hard of bearing
*nd tlmt he did not remember other
neidewts of about the same time as
veil ns lie did thp firing of the four-
con shots on which he testified.
The night session was concluded
vith Mr. Langston's testimony.
Disabilities of Minority Removed.
Judge W. M. Peck of the Fifteenth
Ustrlet court 1ms granted the petition
>f It. I,. Bowen for the removal of dts-
ibllities of minority.
Divorces Granted.
Judge tV. M. Peek of the Fifteenth
listriet- court has grunted divorces In
he following suits:
Pearl Canada vs. John Canada.
Jeffte Sawyer vs. J. P. Sawyer.
Maggie Valentine vs. Ed Valentine.
New Suits Filed.
tV. G. N. Knrthman et nl vs. E. M.
Iarrison et al. suit for restitution of
ertain described property, filed In tlw
.’ifty-nlnth district court.
John M. Barron vs. G. V. Lucas et
it, Injunction suit.
Taken to fynham.
Deputy Sheriff Arthur O'Mary ar-
es tot I Jack Clark yesterday afternoon
or the sheriff of Fannin county,
'lark Is wanted for driving a horse
rom Bonham to Sherman that did
tot belong to him. Bonham officers
ante after him today.
Marriage Licenses.
Joseph S. Foster and Patience
^ulUngton.
John Fahey and Minnie Fahey.
J. F. Crittendeu and Mrs. A. M.
Heath.
G. W. Higgs and Oleta Ooten.
J. T. Pile and Fauna Brown.
T. C. Beall and Lela Crouse.
L. J. Carpenter aud Myrtle Cherry.
tVILL SLOAN'S LINIMENT RE-
LIEVE PAIN?
Pry It and see—one application will
•rove more than a column of claims,
'ames S. Ferguson, Phlla., Pa., writes;
I have had wonderful relief since 1
tsed Sloan’s Liniment on my knees. To
blnk after all these years of pain one
ipplication gave me relief. Many
banks for what your remedy has
lone for me.” Don’t keep on suffering,
tpply Sloan’s Liniment where your
>ain Is and notice how quick you get
ellef. Penetrates without rubbing.
4uy it at any drug store. 23c. diw
lawyers Gather in Chicago.
Chicago, III., Aug. 20.—Since the
Irst organization of the legal profes-
-tlon in this country there has never
been sneh a large and representative
gathering of eminent men of the bench
aud bar as that now assembled in Chi-
cago for the annual convention of the
American Bar Association and the
meetings of its numerous subsidiary
bodies. Although the liar association
convention will not have its formal op-
ening until tomorrow many of its prom-
inent members have been In the city
for several days. They have been
kept busy in attendance on meetings
of sectional and subsidiary bodies, im-
portant conference and committee
meetings, at which resolutions have
-t»oen prepared for presentation to the
convention of the association projter.
Meetings were held today by the
American Institute of Criminal Law
and Criminology, and by the Judicial,
Legal Education, Patent, Trademark
and Copyright sections bf the American
Bur association.
t t___ir.....i-----, '___.
William's Hofei Arrivals.
Daily Arrivals in New
Fall Merchandise
During the past ten days almost every express has
brought to us the newest in this Fall’s wearables.
We have received one or two shipments of pretty
Fall Sport Coats, in Corduroy, Chinchilla, and several other
favored materials.
' While some shipments contained pieces of new Fall
Serges, in many different shades.
Our selection of New Fall Hats have been admired by
ever yone that has seen them, they MIGHT be just what
you are wanting. Suppose you come in and se what we have
to show you. . . *
• .*<» «r, * • ir* - H -
We urge you to visit our store from time to time and
see just what we have to offer you at prices that will save
you money. jV'->
Do This Without Any Obligations Whatever on Your P*rt.
Headquarters for Good Things to Wear.
------- -■ ■ -■ -—...... ■■
POLLOCK'S
Dry Goods Store
HIGH POWER VACUUM CLEANING
My Automobile Vaeumtn Cleaner will come to your door.
Cnriiets aud Bugs thoroughly cleuned h.v an experienced
under my personal supervision.
NEW PHONE 084. // OLD PHONE 68li.
BRENLIN WINDOW SHADES MADE TO ORDER.
Duluth Has Play Festival.
Read
BY HUBERT QUICK
-in-
August 19th. Issue
D. S. Wengeth. Pottslxiro; W. ft.
Nesmith, Pottsboro; B. \\V Nesmith.
Pottsboro; J. \V. Tugh, Greenville:
O. H. Aiken, Van Alstyne; Pauline
Miller, Sherman; Mrs. S. E. Drum-
mond, Ardmore; Effle Drummond.
Ardmore; E. -N. Ferrell, Preston; W.
E. OatnphMl, Mndlll; -B. B. Morris.
Ma.vland; ’
-j--4-w--
-** ".I--:
A Thing jsf Surprise.
“Opinions differ.” remarked the mu-
seum guide, ‘ns to what period this ex-
tinct animal Wongs to.”
“That auimaLdoesn't belong to any
period ” commented the grammarian,
“it belongs to in exclamation point”—
Pittsburgh Chronicle Telegtttph.
'*'*^™**-t™!j^'
Know that “lripossfble’* ha* ito place
iu the t>r«T* n»ns dictionary.—Car-
lyle.
Duluth, Minn., Aug. 29.—Several
thousand school children gave a puls
lie exhibition today to show the work
Hint is being done on Duluth’s public
playgrounds. The festival was stag-
ed by J. B. Batehclder, thq municipal
recreational director. The program
consisted of field races, dances, anil
playground contests by the children,
with prizes for all the wluuers.
CASTOR IA
For Infants and Children
In Use For Over 30 Years
Always bean
the
Signature of
Slwtip for Another Term.
Bristol, Va„ Ang. 29.—Representa-
tive C. Baseoni Sletnp, the only repub-
lican member of the Virginia delega-
tion In Congress, was renominated for
another term today at flic Bopubllean
congressional convention of the Nintn
district.
‘T'HE. Teiss Woqder cares kidney end
J| bladder troubles, dissolves gravel, cures
>1, dissolves grav
and lame backs.____
art ties of the kidneys and
r in botn men and women. If not sold
r druggist, will be sent by mail on re-
t IL One small bottle is two months'
diabetes, weak
and all It
_------------, rbeuma-
sm and all Irregularities of the
ladder in both men and women,
lyyoui
celptos___ ____ ____
atment and seldom falls to perfect a cure,
nd for testimouials from this and other
ttes.*Dr. E. W. Hall. 2M» Olive Street,
. Louis. Mo. Sold by druggista—Adv. »
MEETING IN KHEKMAN.
The 43rd Annual Session of the Virtfi-
nest em Baptist Assoeiatiou.
The J.lrd annual session of the
Northwestern Baptist Association con-
vened with the Harmony Baptist
church. Rev. G. \V. Hill, pastor, last
evening at 8 o’clock.
The following officers were present:
Rev. S. E. 4. Watson. A. B.. IL D.. motl-
erator: Rev. G, W. Hill, vice modera-
tor : Prof. A. J. Klrkpttrtrbjk. secretary
and J, S, Clnyton, president of ' the
Ministers and fieacous' nssiK'latUm.
Quite a large number of delegates
arrived last evening, but a large Rele-
gation will Is* In today ami among
them are men of state and national
reputation, j
This is the largest colon'll asWla-
tlon in the state. It wns organized at
Sherman in the Harmony Baptist
church Just 411 years ago. Witte Dr.
A. K. Griggs, moderator. It wasfjhen
corn potted of five churches. It ItlRt to-
day st'ventytflve chitn-hes with a mem-
bership of twenty-five thousand. The
officers hope to make this the great-
est of all previous meeting and ' say
that good onler, business tact, Land
Christian dignity shall chnrnettrizc
every action Including the ordPt to
and from the c-htm-h.
#-
Your Frieods
can buy anything you
can give them except
Your Photograph
WEAR’S STUDIO
-
Office and Typewriter Supplies.
Kodaks, Vktrolas and Records.
Automobile Blue Books.
PRINTING.
Reynolds-Parker Co.
IT WILL PAY YOU TO READ THE WANT ADS.
-I
Dove Shooting Begins Friday—The Birds Are Plentiful
and We Have an Enormous Stock of
We j tern ^Ammunition
Heavy advances by all loaded shell factories have com-
pelled us to change our prices as follows:
NEW CHIEF OR NEW CLUB
12. 10 and 20 gauge......................................65e Box
10 gauge and 12 gauge B. B.....................• *.......80e Box
FIELD REPEATER AND NITR0 CLUB.
10 and 20 gauge........................................85f Box
12 gauge........... .............•......................90c Box
All gauges.
RECORD, LEADER AND ARROW.
ft*
----.$1.00 Box
Come in and try WESTERN, the World’s Best Ammunition.
' 'b- "
Scull-Swain Hardware Company
l “THE GOOD SERVICE STORE.”
V
mm5
■mi
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Sherman Daily Democrat (Sherman, Tex.), Vol. THIRTY-SIXTH YEAR, Ed. 1 Tuesday, August 29, 1916, newspaper, August 29, 1916; Sherman, Texas. (https://texashistory.unt.edu/ark:/67531/metapth719957/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .