Omaha daily bee., 1895-06-22
ALIBl PROVEN FOR ELLIOTT
Evidence Showing He Was Not Pres:n' at
the Pairett Scott LynChing,
TEST MoNY FAVORABLE TO The ACCUSED
Defense Makes Another Attempt to Have
the Case Dismissod-Oath aud Con-
stitution of the Vigilance
Committee submitted,

Committee submitted.
BUTTE. Neb., June 2i.-(Spccial Tclc-
gram)-Sas Smith was called by the state
this morning. lie testified as to the condition
Of the ice in the Niobrara before the body
was found.
Mrs. Scott was recalled and identified the
quilt found in the river as the one taken from
the buggy at Parker.
Jake Hcrshser was recalled ard stated
that he knew Scotts gun. 1t was Win
chester and No II.
After this tine state rested, whereupon the
defendants, by their attorney, NJ f. Harring-
| ton moved the court to instruct the jury to
return verdict OF not guilty without reQuir-
| ing any evidence on the part of the defend
| ants because no evidence was offered on the
| part of the state tending to show the com
mission of the crime of murder in Boyd
| county and that no evidence was offered to
| show that Barrett Scott was strangled in
! Boyd county.
After listening to the arguments on the mo-
tion and the reply of Attorney General
! Churchill, the court held that the question
was one Of fact. and that there was sufficient
evidence to Justify the submission of the case
| to the jury.
The defense then called their first witness,
| August ODefty, one OF tne men VINO was ar
rested on the omnibus complaint. charging
| the commission of the murder in Boyd
| county, and who was discharged on the first
day Of the trial on motion of the county at
| tOrney. Mr.. Oberty is 60 years of age. He
| was union soldier, and was born in France.
| He came to this country forty years ago; en-
| gagged in farming in Holt county eleven years
| ago; elected supervisor Of Holt county last
| November December 81 was at various
places in Scott township gathering up town
II l.
| predecessor and attending to official duties.
| His evidence was corroborated by Peter
| Kelly, witness for the state, and several
| others. Swore he saw Elliott and Roy about
| 4 o'clock in the afternoon of December 81
| driving toward Elliott's home. Testified
| to the reputation of the accused being excel
| lent in Holt county.
| ALIBI ESTABLISHED FOR ELLIOTT.
| This undsputed testimony virtually de-
| stroys the evidence of Mrs. Scott and proves
| an alibt for Moses Elliott. 1t will be re
membered that Mrs. Scott testified that she
| was positive that Oberty present at
| Parker as sic was that any of her state
| ments on the stand were true.
Ben Postewaite was the next witness. He
at one time lived in the house where Scott
was supposed to have been hanged. He
corroboraed Obertys testimony as to his
being engaged in looking after township
property, saying that he was at his home
about O'Clock in the afternoon of Decem-
Der 81. lie SNOfe lnat lnal evening ne at
tended a meeting of the Women's Christian
| Temperance union. and that the night was
| very dark He was accompanied by a young
lady named Rutland.
| James A. Barnes testified that the night of
| December 81 was so dark that he could not
| recognize his old friend, James Pinkerman
who called at his place that night. until after
| he had spoken.
George A. McCutcheon county judge Of II 1t
county, was called and testified that he was
acquainted with Henry Schmidt. the driver
| of Scott's rig; that he remembered that at
| the preliminary trial Schmidt had testified
| that he had no acquaintance with Elliott and
| had never seen or talked to him before the
day OF the tragedy; that on December 2S
Schmidt and Elliott had a long conversation
at Pinkerman's barn in O'Neill, and that
| Schmidt called Elliott by name. He
also said that Miss McWhorter testified at
the preliminary trial, when asked If her finger
nails would fit the mark on Mullihan's hand
that they did not fit.
VIGILANCE COMMITTEES OATH
John p. Hopkins was the next witness
| He was the president of the much talked of
organization dubbed by the prosecution
vigilantes. He outlined the object of the or
ganization and offered in evidence the cOnsti-
tuition and oath of the same. which was
srenuously objected to by the state, but was
finally admitted by the court, and Is as fol-
lows:
"An organization and its objective, the
members of this organization, for the mutual
protection Of our chattels and property against
thieves, inasmuch as any member OF this as
| sOCiatiOn having stock or other property
stolen from him. each and every one of us
pledges his word and honor that he will at
any and all times turn out and
help search to the best of his
ability until the property is recovered
and the guilty parties brought to justice, II
possible. And we Furthermore promise to
in nowise act rashly, but at all times to
keep within the confines Of the law and to
help the officers of the same to secure the
ends herein enumerated. We furthermore
agree to keep secret the proceedings of this
organization and in nowise parade ourselves
before the public as vigilantes, whitecaps or
regulators, but will try to make it our mis-
sion to bring thieves and rustlers that infest
our communities to lead honest lives or give
| their places to more worthy citizens.
80 you, as a member Of this organization,
promise on your sacred word and honor that
| you will support the principles and consti-
tuition of this association to the best of your
ability, keeping the password and proceed
ings secret at all times and to all persons
not belonging to this organization or one of
similar character. Signed S. Nelson, secre-
tary."
The next witness called was Thomas Lear
who swore that he was acquainted with Merit
Roys buggy, which was identified by Miss
McWhorter and Mrs. Scott as the one used
I at Parker and as having a homemade Whit
fletree and one sngletree which was un-
painted. Mr.. Lear swore positively that the
whiffletrees and singletrees had been painted
several days before the tragedy.
| This was corroborated by Ben Saunders
r who also testified that he saw Elliott ant
Roy about o'clock on the afternoon of the
r 31st of December driving toward their home
Mrs. Lear swore to the same state of facts.
Mrs. Clara Elliott, wife of the defendant
Elliott, was called and swore he had beer
married fourteen years and has three chill
4 dren. On the afternoon of December g.
Mullihan came to her house at o'clock anC
| remained there until the next day at II 80
and that while there he went to the barn t