The Weekly Herald. (Amarillo, Tex.), Vol. 22, No. 24, Ed. 1 Thursday, June 13, 1907 Page: 3 of 8
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THE WEUKLV HERALD JUNK I3. W.
SENT ELLSWORTH
Verdict of the Jury Finds Frank Ellsworth Guilty
of the Ulurder of Earl Dockray and Exacts
Ms Liberty as Penalty
t
"We Mil- J 11 1 y . find the defendant Frank Ellsworth guilty of
the murder nf Karl Duel ray as charged In the Indictment and fix
hi penally ns confinement In (lie slate prison fur life."
.... .. 4 4-
Kiit-li wan the verdict which theiull Ihn mouthers of the jury might
Jury In the Klliiwiirth a:e returned
in the court room Miortly before 10
o'clock last night. .Indue Browning
had hecn called from hi home by
tho officer of I he court and the at-
torneys for t'n state and the defensu
wero railed to the court room. Tho
prisoner Kllsworth In custody of an
officer was fiininioiied from Ms coll
nt from his chair wlih his counsel
heard the verdict read by the clerk
of the court.
rrUoncr Will Appeal.
Last night when tho jury filed In-
to Iho box Kllsworth. from his chair
In front of I hem watched the men
with desperate Intentness. DurlnK
tho painful sllenco whllo tho Judge
read the verdict and handed it to
the clerk the prisoner kept tho hmiiki
tense watchfulness. When the cleric
rend tho derision depriving hi in of
liberty but leaving him life he re-
laxed with evident relief.
ThiB morning at the Jail he has
recovered move of tho asurrancn
which lie maintained throughout the
trial however and declared this
morning that If he were guilty he
would "rather be lunged than Ret
Hiat dose." Through his attorney
Judge Barrett "he will appeal his
rare
Conviction Was Certain.
Although thr Jury was ut front
12:30 yesterday till nearly 10 o'clock
last night thero appeal to 2i:uf
heen little dlflculty In reaching a flu
;lslon. Tho . 'frltlr rtrbln of tho
long trial had told heavily on tho
Jury and after 'being pent out yes-
'lerday the members took their time
ibout going over the evidence so that
ritoposKi) m:w opkka
I'hn A marl llo opera lion so for the
erection of which a company of pub-
lic spirited and enterprising local
business men havo organized a slock
company .with a capital of $40000
will lie one of the most modern and
complete theaters In the Soulhwest.
T-ae building shown in the picture
which is reproduced from the draw-
ing of the architects 1). P. Huufinan
& Sons will occupy tho entire
60x140 feet on the corner of Sev-
enth and Polk streets across tho
slrect from tho Dally Panhandle .of-
fice. The big main entrance lead-
ing into tho beautiful marble walns-
cotted lobby will bo on Polk slrec
nnd on each sldo or It will be two
(handsome store rooms. Tho second
floor front will he given over to
suites of offices. The third floor
front will b fitted up as club rooms
MAY WEATHER BROKE
TWO RECORDS
t
May weather broke two records
this 'year but instead of being tho
warmest on record last month
was three ''egrcrs under the lowest
on record iJm-o this nnd flvo de-
grees under tho average for Blxtoen
.years. The temperature for tho year
Wicavai lu uQli Lu- ahuad of the.
. i 1
- PM H ?i Wv; ur-i
. .. fk.!r l-.V'H
4
be as fresh as possible for the work.
The to was little doubt apparently
uhout iho guilt of the prisoner m
proved In tho trial and tho discus-
sion was over choosing between
ileal h ami Imprisonment for lifo as
tho verdict. Several members of tho
Jury held out fur Iho death penalty
but tho fact that tho evidence
though strong was circumstantial
made tho Jury reluctant to exact tho
supreme penalty and the decision
for life imprisonment was reach i
with comparatively llttlo difficult:'.
Jury Waa l iiited
"I have hern sitting: on Juries oft
ami on for sixteen years" wild ono
member of tho Jury thin morning
"and 1 never Bat on a Jury with moie
earn fill aud cool headed men than
those who composed tho body that
tried th Ih case. Thero wero no hot
headed ones on tho Jury and every
man exercised Intelligence mnd Judg-
ment all the time. I never saw a
taso where the Jurymen listened so
carefully to every bit of the testi
mony. It waa a case where every bit
of tho evidence counted. Tho men
on thut Jury considered Ellsworth's
caso juat as carefully as If he had
been itch and Influential and the
feeling over the Dockray murder did
not enter jnto their consideration of
the case."
"I hope i ishall never be on anoth
er Jury In a case like that" said an
fit her member of the Jury thin morn
Ine. "Tho strain is too treat. It
waa a careful Jury and there was
no wrangling over the verdict hut
tho responsibility in following tho
testimony was very heavy on tho
members."
'. i "x
hoisk von amakillo.
by ono of tho lodges of tho city.
Jn tho rear of tho building wMI
bo the theater which will ho perfect-
ly appointed for tho comfort and
safety of the audlencea nnd for the
production of high class dramatic ci-
terlalnments. On the lower floor
first nnd second balconies 1200
people ran be seated and standing
room will remain for many more.
Ample ventilation is secured and
flicre are exits on all four Bides of
the theater.
Next week tho company-will ev-
hfljlt the builder's completed plana
and will advertise for bids for in.-
modlate construction. The company
expects the building to bo reay for
occupancy ln November and Mana-
ger ftlllott Is already booking .'at-
tractions for appearance In It the
coming season.
average owing to the high marks
reached In the first months. Rain-
fall broke a. record by recording the
smallest precipitation In sixteen
years. Tho nearest approach to this
year's record waa last year's with
.19 of nn inch more than May 1907.
The official data follows:
' ATMOSPHERIC PRESSURE!
Mean 29.87; highest 30.27 May
27; lowest 29.30 May 12.
TEMPKRATURK.
Highest 90 May 17; lowct20.
May 4. .
Greatest. (Lilly range 4 0 May i.
Least dally range l) May 9.
Means fur this month
In
1 s 9 2
l s ; i
1S90
1S9S
1 9011
In
193. .
1S9.'. .
197. .
199. .
190 1 . .
I9U3. .
190.".. .
I1HI7. .
month for
il:)
tl.-.
(lit
til
til!
in;
til
tit
this
... 112
. . . t! I
. .. u:i
. .. .".
. . . 02
. . . 0 2
. .. (ill
. . . r.o
sixteen
190 2
linn
mm;
Mean of
eara i;t. v
.Vbaolme maximum for this month
for fifteen years 9S
Absolute minimum for this month
for fifteen years 20.
Average dally deficiency of this
month as compared with mean of
sixteen years 4.(1.
Accumulated cxccsn since January
I. 333.
Average dally excess since Janu-
ary l 2.2.
' PRECIPITATION.
Total this month .99.
Greatest precipitation In twenty-
four hours .31. May 8 and 9.
Total precipitation this month
In In
1S92 2.70 1S93 2.19
194.... 1.30 1K95 1.78
1S96 2.20 1 SI7 4.44
1S9S 3. .12 1S99 3.12
1900 5.45 1901 599
1902 9.14 1903 1.77
1904 2. NX 1905 fi..r.2
1900 1.18 1907 99
Average .of this month for sixteen
years 3.45.
Deficiency of this month as com-
pared with average of sixteen years
2.46.
Accumulated deficiency Mnce Jan-
uary 1 4.2S.
WIND.
Prevailing direction northwest;
total movement 10200 miles; aver-
ago hourly velocity 13.8; maximum
velocity (for five minutes) 40 miles
per liour from tho south May 12.
WEATHER.
Number of days clear 20; partly
cloudy 8 cloudy 3; on which .01
inch or more of precipitation oc
curred 9.
Thunderstorms 2. 8 9. 22 23
28. 29 und 30.
Frost light May 1.
T. J. CONSIDINE.
Official Jn Charge of Local Weather
Bureau. . .
A Notre Dame Lady's Appeal.
To all knowing suffers of rheuma-
tism whether muscular or of tho
Joints sciatica. Iumbagcts backache
pains In the kidneys or jieuralgla
pains to wrlto to her for a home
treatment which has repeatedly cur-
ed all of theso tortues. She feels
it her duty to send It to all sufferers
FREE. You "cure yourself at homo
as thousands will testify no change
of cllm.ito being necessary. This
slmplo discovery banishes uric acid
from the blood loosens tho stiffened
joints purifies tho Mood and bright-
ens Hie eyes glvmg elasticity and
tone "to tho 'whole' systoiu. If the
above interests you' for proof address
Mrs. M. Summers Box It .Notre
Dame nd. 23
Ileal Kstate Transfers.
LlHt of transfers filed in tho coun
ty clerk's office Thursday June 7
furnished by the Panhandle Abstract
coiuany.
A. Eberstadt to J. II. Stenson and
wife lots 1 2 and 3 block 5 Nobles-Stanley
subdivision of block
236 Plemons 1230.
B. II. Kemper to 0. T. Vinyard
and S. P. Vinyard section 66 block
2. A. B. & M. Potter county $2-
879.90. H. H. Cooper to W. P. Cooper
lot 4 in block 94 Plemons $625.
O. W. Sholbcrg to Mrs. Edna F.
Forbes part of lot 3 iblock 218
Holland $355.
Ark minim .Merchants Meet.
Special tc Dally panhandle.
Little Rock Ark. June 11. Great
preparations have been made by the
commercial organizations of Little
Hork to entertain the members of
tho Arkansas Grocers' and Retail
Merchants' association and the Ar-
kansas Hardware Dealers' association
which hold their annual conventions
In this city during the next three
daya.
KILL the COUGH
AND CURE the LUNGS
Dr. Kin
WITH
s
U&;i Discovery
0NSUMPTI0N Prie
OUGHSand G0o&$t.00
OLDS Frea Trial.
MnrMt unci Uuickeat Our for all
THROAT and LTJNO XEOUB-
LES or MONEY SACK.
k'V.V'vVfe
V
jr-'j
ioTi&S
HIGH LIFE
i
BE ER
JONES USED
HIS GUN
Bartender Who Shot Three
Times at John Lemmons
On Trial
(From Saturday's Dally.)
If J. W. Jones more familiarly
known as "Pudd'n' foot" had hft
his nlic shooter under the har In He-
witt's saloon on' tho Howcry last Ne v
Year's day Instead of keeping the
weapon in his pocket to protect him-
self with at the little dinner which
he started to attend at. tho I'nlon
hotel he would not he threatened
with a penitentiary sentence today
for attempt to murder. Rut Jones
did not leave his gun in the silicon
and today he ln.facliiR the court
with au URly charge hacked up by
abundant testimony uKiit .him.
Tiled to Kill John I'inons.
The crime for which Jones Is be-
ing tried was most completely re-
lated by S. A. Staples a boiler mak-
er at. the Pecos Valley shops. Jonn
Lemmons Is Samples' helper at the
shops and tho two were together
when the shooting occurred.
"I met John Lemmons down town
that day near Dad's candy wagon
on Polk street. It was a holiday and
we weren't working so we jiiBt loaf-
ed around down town a while and
about 4 o'clock we started home. I
suggested that we go around by the
Bowery and as wo hadn't anything
special to do we walked around tha;
way. John here hadn't talked about
any trouble at all and hadn't said
a word about planning to fix "Pud
d'n' foot" or 'anyone else. When we.
got up on Buchanan street along-
side of tho Mitchell saloon on the
comer of the Bowery we met this
fellow "Pudd'n' foot" and another
fellow coming south along tho sldo
walk. I never noticed mucn aooui
them till they wero In about fifteen
feet of un. Then I saw "Pudd'n'
foot draw his gun and say
" 'You're the man I'm lookl.';;
for.' "
Well I didn't know who he w.is
looklnir fur and I glanced around.
quick to see who was behind us and
John he throw his hands up and
yells "No I'm not it's my brother
you're looking for."
I threw mv hands up to and yet tea
something like that but "Pudd'n'
foot" says "Yes. . you. you
rt." nnd shot at John. 1 (lucked
and run as quick as I could and Jo i 1
did the same with Jones shooting all
tho timo" v
Trouble WJtli Lemnion' Hrother. ..
Jones Js a ibartender In the St.ij
saloon on the Bowery and last D'
comber had some serious difficulty1
with Jim Lemmons brother of t!m
man he shot. In this fight Jim Lem-
mons used a kuifo in a way thit
H
i
The ..Charizpa'gne of Bottle
is made by a process exclusively our own with
that it is different
rr II.
i nc aosoiutc nuniv
ccPmg tnc materials
Sir iiiaKHig me perxeci uuric mm uujs wuiuii wt uuy
on the field the yeast which we make ourselves and our
underground ageing process are all responsible for the
superiority of quality and flavor. You can't help but HKe it.
f;-'J. H PATTON; 2miri
''MV Phone 245. "413
M'TTV fnonc tO rom oireei
WMmwm
i -1 : i n n
seriously threatened tho life of tho
bartender.
According to tho testimony whicii
the defense Is bringing out In the
trial Jones was on his guard for Jim
Lejiimons mid what he Intended do-
ing to Miii happened when ho enenjn
to red the hrother on tho afternoon
of New Year's day. He evldent'y
mistook John Lemmons for the nv.'n
he considered it necessary to kill
accordingly blazed away t the An-
feiiHoless John.
h'ort uiiHtely for both parties h's
eagernens made Ills aim bad and out
of liief'aljijtB from the big Colt'u
revolver wlii'o.h ho fired at the flie-
Ing Lemmons only the first ono left
any marl ') This one struck Lem-
mons Just at tho top of the forehoaJ
but' railed lo Inflict a serloiid wound.
The case will go to the Jury this
afternoon.
l.umpkln-Pftiilap.
(From Monday's Dally Panhandle)
A. A. Lumpkin Junior member of
tho law firm of Wallace & Lunip-
kn. Is tho latest of one Amarlllo'B
bacTicj6r8"'lo desert tho " ranks iby
bringing a charming citizen of East
Tcx:is to Aniarlllo. Last Wednesday
at the home of the bride's parents .In
Meridian ho was married to Miss
Ada Dunlap. After a short visit In
Meridian Mr. and Mrs. Lumpkin
started west for Aniarlllo which Is
to be their home and arrived here
Saturday.
This la tho bride's first trip to
Amarlllo and few people here have
known her. By the many friends of
her tushand however she la being
warmly welcomed to the town and
she has already won a placo for her-
self. A. A. Lumpkin Is a graduate of
the law school of tho stato univer-
sity and after leaving tho universi-
ty he came west to Amarlllo Instead
of settling at his home 1n Meridian
where his father Is one of the oldest
and most successful members of tha
bar. in Amarlllo as tho law part-
ner of Judge H. H. Wallace Mr.
Lumpkin Ins .become very favorably
known. He Is well known socially
has been a member of Amarlllo lodge
of Elks since Its organization aud
last January was honored by the
lodge by being elected to tho office
of exalted ruler.
Mr. and Mrs. Lumpkin are at
present making their home ut the
A'marillo.
AMAKILLO MAN OX THE BOAR II.
J. K. Shircmmi I Appointed one of
(ioveinor's of r00)00( Club.
(From Monday's Daily Panhandle.)
By appointment of the president
John A. Klrby of. Houston John K.
Shireman. secretary of tho Amarillo
Commercial club has 'been made on 1
of the one hundred governors of tho
big association of Texas boosters.
Tho governors of the club include
representative men from all over
Texas and Is the guiding body of the
organization.
While in Houston last fall attenl-
Ing tire' meeting of tbo commercial
secretaries of the state Mr. Shift-
man visited the headquarters of the
Five Million club and was made a
I
and belter than ordinary beer. r$j'
r . . 1 . 1
01 raw materials me
pure and wholesome
rillo Distributor
n a 7 a n n n7ra ra
E J l
L4
La
member of tjic organization. SI urn
then the club has been growing ra'i-
luly nnd tho dutalla of Its organiza-
tion are belng completed. At Foi-t
Worth next week representatives of
tho club and of the Interested pub-
lie from various parts of the stato
will meet for consideration of tho
progress of tho work of the club and
especially for the discussion of tho
proposed diamond Jubilee for Texas
In 1910. ..... ... ......
Plaint lew llvlpn rmihanuMl Baseball.
The putting In Of a tram at Plain-
view will be welcomed by Amarl'lo
fans. Aniiulllo and (Jinyon have
strong teanjs ajfl'jwhon her line-up
Is completed Plalnview will havo a
team as strmig as either of these. It
Is only a short distance to Plaiu-
vlew und tho tfilleago will not bo
great. Canyon has been the only
town in tho Panhandle country tint
had a team worthy to. meet the Aim-
rillos and the nearest other tow.i
with a creditable -'''ajn la W.lchlOi
Falls. Tho .pcopj" J$ .. Plalnvie i
rhould glvo their team tho support
It deserves r. ;- .. r.i!f
Yesterday's'exliri)lt'Ioh was hardly
one which either team will remem-
ber with any crffwilflerahlo degree of
satisfaction bat the oitth plains
men say they will havo a strong-r
line-up this afternoon und that t.n
contest will be more Interesting. Tne
Phlnview manager' rs'enlistlng stv-
oral fast players and these are f.o
report here for duty. The team plas
on the. Amarlllo diamond again U
morrow afternoon.
lleuth From Lockjaw.
never follows an injury dressed with
Bucklln's Arnica Salye. Its antis-
eptic and heallnj properties prevent
blood poisoning-. 'has Oswald
merchant of Rensselacrsvlllc N. Y..
writes: "It cured Seth Bursh of
this place of the ugliest sore on his
neck I ever saw.' Cures Cuts
wounds burns and sores. 60c at
L. O. Thompson & Bro.. .drug Btoro.
Young Railroad Miui Killed.
(From Tuesday's Dally.)
At the undertaking rooms of tho
O. M. Eakle establishment today are
being held tho remains of the young
switchman Rush who died Saturday
at Fort Worth from the effects of an
accident at Childress Friday. Rush
was run over by an engine in the
yards at Childress Friday. The en-
glne completely severed both his legs
from his body and although he lived
for several hours the shock and loss
of blood overcame hlni.
Rush was but 18 years of age and
was Just entering the service of the
comtmny. H was a young fellow
of the best of habits and letter
from tile rail-road J. M. C. A. at
Childress to his parents expresses
the high esteem i" which he waa held
by his associates. He was the son of
George Rush .Of Tijjla and nephew
of William Hnsh otfthls city. The
remains will be taken to Tulla for
burial.
Heal. EsUte Transfers.
List of transfers filed In the coun-
ty clerk's office June 8 furnlBhed
by tho Panhandle Abstract company.
the result
. r
art or
in the H
Thomas F. Turner and W. Boyce
to J. F. Goldsmith lot 5 Turner &
Boyce subdivision block 1)20 Mirror'
lino.
J. W CrudgTiigton to Francis Lov-
ing lots 1 2 aud 3. iblock i Cruds-
lugton f fiOO. (
J. H. Smitham to C. T. Davis lot
8 block 171 old town ID.t'O.
T). J. Stfjbaugh and wlfo to J. II.
Smitham lot 8 block 171 old town
9195.
R. L. Humphreys and wife to Sam
Hand und M. S. Brown fi acres out
of survey No. 1R7 block 2 A. B. &
M. Potter county $1.
A. L. Cunningham and wlfo to L.
C. and W. P. Cooper lots 19 and 20
block 74 Glldden & Sanborn
3!5.'
lu IV Cooper to .Washington
Beardsley lots 19 and 2i) In blnrlc
74. Glldden & Sanborn $2000..'
F. W. Zimmerman to George and
John "Meuke survey 12S block 9
B. S. ti. If. Potter county $994.'.
CORNER HTOXE LAID. I
Building for Panhandle Sicnm Luun
dry Officially Started.
(From Monday's Dally.) "
' Local officers of tho Panhandle
Steam Laundry company with G. F.
Lindsay as master of ceremonies
made quite an event Friday out of
laying the corner stone of tfle hand-
some building that will liouso the
new enterprise. In a largo bottle so-
curely sealed tho officers placed 4he
names of tho officers of tho com-
pany the names of tha city and
county officers statements of all th
Amarlllo banks and copies of the
D'aHjis News Sherman Democrat and
the Dally Panhandle. This bottle
was then set In the corner Htone of
tho building and was sealed up by
G. F. Llndsey who gave a perform-
ance of a brlckmason. Some of th
more enthusiastic spectators suggest-
ed tho breaking of a bottle of Ink
or something of that nature 'over tha
corner stone but this proceeding was
ruled out by the master of ceremo-
nies on the ground of undue extrav-
agance. Various members of the
party made talks and tho whole par-
ty posed for pictures.
'Wisconsin Eagles In Oskosli.
Oskosh Wis. June 11. Oskosh
has donned Its gayest plumage to
welcome the numerous delegates to
the fourth annual state meeting of
tho Fraternal Order of Eagles which
convened today In Armory B. An
address of welcome by the mayor and
a response by the stato president
Victor T. Plerrelle of Ashland oc-
cupied the opening session. Two
hands have been engaged by tho. lo-
cal nerle and several other musical
organizations are here from Milwau-
kee and other cities. Tomorrow will
he. tho big day of tho convention
closing with a great parade In tho
evening. Cash prizes will ba given
to the aeries having the largest num-
ber of men In line the best uniform-
ed representation and the best bur-
lesque group. Thursday will be de-
voted to concluding the busincsi.ot
the session.
TS'S:
.
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Brewster, S. A. The Weekly Herald. (Amarillo, Tex.), Vol. 22, No. 24, Ed. 1 Thursday, June 13, 1907, newspaper, June 13, 1907; Amarillo, Texas. (https://texashistory.unt.edu/ark:/67531/metapth281633/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .