2 2 2 2 2 2 2 THURSDAY, NOVEMBER 16, 1939 PAGE SIX HARDIN COUNTY INDEPENDENT "Read 'Em and Reap" OUR ADS FOR SALE Male Pointer, 11 months, white black and tick, medium size, registered, untrained. Arza Dale. 1tp TURKEYS for Thanksgiving On foot or oven-dressed. Place orders early and save Albert H. Brandt, Golconda route 4.
One mile west of Eichorn. 47-1tp Unhappy end of the professor's search for inspiration. To write the great American novel, the brilliant English teacher needed an impelling helpmate, so he married a stage star: but their honevmoon in Grand Canyon dwarfted his plans and all that got written was a divorce com' plaint. Read this unusual story in The American. Weekly, the magezine distributed with next Sunday's Chicago Herald-American.
NO HUNTING allowed on my farm. W. C. Downey. 47-4tp CHILI DINNER -Saturdav, in the room next door to Pruett Barber Shop.
Auspices of Junior Woman's Club, Elizabethtown. Home made candy and pie for sale. 47-1t CORN FOR -by Bennie Lamar, 2 miles west of Rosiclare. 43-5 NOTICE -No hunting of any kind, day or night on land owned by me, Mrs. R.
F. Marglin, Rosiclare. 45-3p NO HUNTING or Trespassing on the Ben Gerhardt farm north of Elizabethtown or on the place known as the Mattie Miller farm near Bassett. Ben Gerhardt. 45-3p NO HUNTING or Trespassing on my land.
John Volkert, Rosiclare, Illinois. 46-3tp NO BIRD HUNTING on Volkert brothers farm near Stone Church. Frank H. and Thos. H.
Volkert 46-3 POOL HALL FOR SALE- located at Cave-in-Rock, doing good business. Priced Right. Write T. E. Okerson, 520 N.
Spring St. Louis, Mo. 46-2tp Trespassing and or hunting by day or night is strictly forbidden on property owned by the Victory Fluorspar Mining Co. Violators will be prosecuted to the fullest extent of the law. 47-13 NOTICE- -I am ready to order 1940 license for car, truck, etc.
Marie Humm Hosick, Notary, My commission expires June 2, 1942. MERCHANTS WISE Advertise! ALL FORMS OF Insurance and Bonds EARL R. KIBLER ROSICLARE, ILLINOIS DR. D. A.
LEHMAN Surgery and Disease of the Eye, Ear, Nose and Throat GLASSES FITTED Office in the Harrisburg Hospital One Block North of the Court House W. C. KARBER OPTOMETRIST Rosiclare, Illinois Evening by Appointment We believe our patient's eyes deserve the best that quality and not price is the primary consideration for the only pair of eyes you will ever have. DR. J.
F. SCOTT DENTIST Rosiclare, Illinois OFFICE OVER THEATRE Office Hours 8 to 5 Closed on Thursday afternoon. every. No. 3R4 Dr.
Will A. Walker APPROVED AND ACCREDITED Veterinarian Golconda, Ill. "My Skin Was Full of Pimples and Blemishes" says Verna "Since using Adlerika the pimples are gone. My skin is smooth and glows with Adlerika helps wash BOTH bowels, and relieves temporary constipation that often aggravates bad complexion. SOLD AT ALL DRUG STORES WHY suffer from Colds? For quick relief from cold symptoms 666 take 666 Liquid Tablets Salve Nose Drops Don't Mooch Subscribe Read the Want Ads Mrs.
Davidson Freed (Continued from Page One) stated that he lived less than 100 yards from Outher Davidson's residence, heard loud talking that fatal day in February, and swearing. He said he heard Earl and Valeria out in front, 3 or 4 feet from the door, cursing Outher and his wife, with Earl trying to get them to come out of the house. He said he saw Earl strike at Mrs. Davidson with a poker, that -the Davidsons got the door shut, Valeria kicked it open again and Davidson's shut it a- gain. He said Earl was about 9 feet from the house when he heard the gun go off and saw Earl drop the poker, which he had carried, and fall.
He said that Everett Carmen picked up Earl and he helped put Earl in Joe Lane's car to be taken to the hospital. Fowler's wife Mrs. Mary Carmen testified that she heard a loud noise, saw Earl Vaughn in Davidson's front yard with something in his hand, cursing. She said she saw Valeria come out of the house carrying her shoes, that she saw her go back into the house and come out again. She said Earl was cursing and she saw something that looked like coal thrown from the house, hit Earl in the face and saw Valeria beating the door.
Mrs. Carmen said that she heard a shot fired and saw Earl fall. She said he was 9 or 10 feet from the house. When questioned the witness stated that she had heard that Earl and Valeria were once married and then divorced, and knew that Outha and Valeria were sister and brother. She said Earl was using bad language and black-guarding at Mildred and Outher, in the house.
She didn't see Earl strike anyone with a poker. When Kenneth Carmen was called ed to testify, it was stated that he was working. Mrs. Kenneth Carmen was not in court either. Charles Brownfield was next called.
He said he was at his home sick, when the trouble occurred at Davidson's. He said someone came in and told him that they were having a terrible time at Davidson's and he went out doors. He said he saw Earl had something in his hand, saw a woman iunging at the door, heard the gun fired and saw Earl fall. Earl was 3 or 4 feet from the house, Brownfield said, and he took 3 or 4 steps and fell across the ditch between the house and the road. When Mrs.
Brownfield was called she said she heard the gun fired, and when she reached the outdoors to see the trouble, they were picking up Earl. Everett Carmen testified that he and Bubbles Henson were talking his house, they saw Earl's hadbeen wife coming down the road, and five minutes after she got into the Davidson house, the big up-roar began. He said they could tell there was fighting, and that when Earl came cut of the house his coat was thrown after him. Vaughn 14 Ft. From House Carmen said he heard Earl tell them all to come out and he'd whip them.
He said he saw Outha throwing things out, and saw Valeria coming out with a poker. Carmen said Earl took the poker from her, he picked up the coat that' had been thrown after him, and walked 14 feet away from the house. Carmen said Valeria was trying to get into the house when the gun was fired and Earl fell into the ditch a- bout 20 feet from the house. Carmen said he helped pick Earl up and put him in the car to take him to the hospital where he died in 10 minutes. He said there were shots in the corner of Earl's mouth, his throat chest and as high as one eye.
Carmen said that Earl had come out of the house 3 or 5 minutes before he was shot. Carmen said that he lived 60 feet from Davidson's house and that Earl was not doing anything at the time he was shot, and was 14 to 18 feet away from the door with his coat over his shoulder. He claimed Earl had nothing in his hand when the shot was fired. Mrs. Everett Carmen testified that she heard the racket, went to the door and saw Earl and Valeria come out, saw Valeria knock on the door, heard the shot fired and saw Earl fall.
She said he. was about 20 feet from the house when he was shot. She said she didnt see Earl doing anying, that he had his coat in his hand, and saw nothing else there. Joe Lane testified that he worked nights and was in bed when the trouble at Davidson's started that afternoon. He said his wife woke him up, he went outdoors and saw Earl lying across the road, and helped Fowler and Everett Carmen get Earl into Lanes car and took him to the hospital.
He said there was a bottle in the pocket of his car but he didnt know where it came out and didn't know if Earl had been drinking. When Mrs. Lane was called, it was brought out that she was ill and unable to come to court. Eliza Monroe testified that she was scrubbing the porch of her home near Davidsons, saw Valeria go into Davidsons' and in a little while saw Mildred put Earl out the front door. She said she saw Earl have Mildred by the hair, in the house, through the open door.
She said they were cursing and blackguarding. She said she lived a- cross the road from Davidson's and this sight made her nervous and she went into the house and closed the door, and from there heard the gun go off. Valeria Castleman who said she is now from Metropolis was next called. She said that she and Earl had been married once, that on the fatal day she went to her brother's and asked if Earl was there and they said no. She said Earl was in the kitchen, and because she wanted to get the man across the road to take his car to get her some things, Earl came from the kitchen and told her she wasn't going to leave.
She said Davidsons ordered him. to leave and when she started to leave with Earl, they tried to hit Earl with a poker, that she got it and went outdoors. She said Earl got the poker from her and threw it back. She said Earl said let's go, and he was 16 or 18 feet from the house talking about going and they thought the fuss was over when she heard the gun fired and saw Earl fall. Valeria said she was closer to the house than Earl when the gun was fired, denied that she had been beating on the door, said that she had not been drinking and claimed that she was in a good humor.
She claimed no one was hit with the pol.er and no one was hit over the head as she saw. The state rested its case with her testimony and court was continued until Tuesday morning. Defense Takes Stand The first witness for the defense called Tuesday morning was Clarence Atkinson. He said he saw Vaughn and Valeria beating the door of Davidson's home, and black guarding. He said he went to the home of his mother-in-law, Mrs Lela McElmurry's, down the street as he passed the house he saw Earl and Valeria beating the door trying to get into Davidson's home, and he said he heard someone in the house say, "I'll shoot and heard Earl tell him they didn't have the nerve.
He said he was at his mother-inlaw's when the shot was fired. He couldn't see the gun or hear it from there, inside the house, he said. Flora Jennings testified that she was driving past the Davidson home and saw Earl and Valeria in the yard, Mildred 'at the door, and Valeria striking at Mildred. She said she didn't look back. Ernest Ford said he saw the scuffling, saw Mrs.
Davidson put Earl out of the house. He said Earl had a poker or something and saw him strike at Mrs. Davidson. She got back into the house and closed the door. He said that Valeria was beating on the door.
He heard the shot fired, saw Earl stagger 4 or 5 feet and fall. He said that Mrs. Davidson tried to shut the door after they put Earl out and Valeria walked out. When asked by State's Attorney Soward if he were not in jail at the time all this occurred, Ford said he wasn't Lela McElmurry testified that she was at home piecing on a quilt when her son-in-law, Atkinson came in. She said she heard some of the shot hit the window of her home.
Gertie Glory testified that she lived across the road from DavidLP son's that Ina Lane went to the door and called her and she saw Earl and Valeria fighting in the front yard. She said she saw Valeria hit Mildred over the head with a slipper, and saw Earl push on the door, and Mildred try to get it closed. She said 10 or 15 minutes after the door closed, the shot was fired. She said they were still at the door having words, Valeria calling Mildred bad names. She said she heard the shot fired and saw Earl stagger and fall.
She said under cross-examination they were not fighting just spatting one another, and Valeria was using her shoe heel. She said Earl hit Mildred with an iron poker. She testified that Earl staggered 15 steps before he fell. Under class examination Mrs. Glory said she was not living with her husband, but was living in Joe Lane's house, at the time of the shooting.
Mildred Davidson took the stand in her own defense. She said she and her husband were at a neighbor's Effie Cubley's, and saw Earl passing, so they went to their home to invite him in. She said she started quilting, Earl threw himself on the bed, and when Valeria came to the door, Earl went into the kitchen and told them not to tell Valeria where he was. When Valeria asked them if they thought the man a- cross the street would take her to get her clothes from where she had been living with Earl, Vaughn came running and hit Valeria under the chin telling her she wasn't going to leave him. Mildred said she told them they couldn't fight in the house, and Earl and Valeria said they had come to take the place.
Mildred said she got up from her quilt and Earl hit Valeria and her with his fist. She said Valeria got the poker, Earl took it from her and hit her over the head. Mildred said that she and Outher got them outside, that Earl grabbed her by the hair when she started to close the door, and came in again. She said when she got the door closed both Earl and Valeria beat on it with their fists, swearing "I'll get you and kill Midlred claimed they burst the door apart. She said she rushed and got the shot gun and shot Earl through the window.
She said at the time she shot, Earl was fixing Takes Stand on Own Defense claimed he was only 5 feet from the door when she shot, that she measured the spot afterwards. Husband on Stand When Outher testified he said much the same as Mildred had, only he stated that after the trouble started Earl knocked his wife a-, cross the bed, and then he and Mildred got Earl and Valeria out of the house. He said Earl burst the button lock on the door, and that Mildred shot Earl through the broken window pane. He said he had trouble with Earl before that and Earl was known as a bad tempered man. In his testimony, Outher said that Valeria struck Mildred with the iron poker, and then Earl grabbed it and struck Mildred three times.
He said after the button was broken off the door, he propped it closed with a chair, and told them to go away that Mildred was going to shoot. He said Earl said Let the do whatever she wants to. He claimed both Earl and Valeria were trying to break into the house when she shot. John Davidson, Jesse Lightner and Mark Brown were called to testify as to Vaughn's character. They all called his reputation bad, but admitted under cross examination that they never had heard of him injuring anyone.
Mark Brown brought out that he was the father of Earls deceased wife, whom Earl married after he and Valeria were divorced. torney Soward told them they could consider the case premeditated murder, manslaughter, or killing in the heat of passion, or justifiable homicide. But he argued against the latter, claiming Earl was 20 feet away from the house, not trying to break in, when killed. Attorney A. Gustin of Harrisburg attorney for the defense, argued that Mrs.
Davidson was protecting her home from violent and tumultuous entry when she shot Vaughn. "Lum" Fritts Died Last Thursday Was Taken to Kentucky For Funeral And Burial, Sunday Lummie Barnett Fritts, aged 54, died at his home on the lower Cave-in-Rock road, last Thursday. Heart failure caused his death but, tuberculosis was a contributory factor. He was a miner and farmer, but had not worked in a mine since last May. He is survived by his widow, Irene, and two daughter, Mrs James Mason of Peters Creek and her sister who lives in Saginaw, Mich.
Mr. Fritts was born in Crittenden where he was taken for burial. Funeral services for him were held Sunday afternoon at the to lunge through the door, and Arguing to the jury, States at- Freedom church at Marion, Ky. ACCEPT THIS AMAZING GUARANTEE KROGER BUY portion other any in brand Kroger original Item, sell of container LIKE the it and as we well item, or will better, regardless replace OR of it return price. FREE unused with any we same ROSICLARE NOV.
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