Valentine Democrat. (Valentine, Neb.) 1900-1930, 1900-06-14

trial was that of the State VS.. Cicero
II. Thompson, felony. Thompson,
it will be remembered, shot two sol
diers on the night of March IA, n OF
whom died from the effects a few days
afterward.
Counsel lines up as follows:
For the prosecution-County Attor-
ney A. NJ. Morrissey, A. G. Fischer, OF
Chadron; Judge J. ". Tucker.
For the defense-Clark s. Tucker,
Fs NJ. Walcott, and M. P. Kinkaid OF
O'Neill.
judge. J. Harrington.
MONDAY.
Monday was spent in selecting a
jury. Thirty-nlne men were examined
and 70 chosen to act in the case, as fol
lows:
VIM. Dunbar, Cody; ]. B. Sweeney,
Pullman; A. B. McAlevy, Kennedy;
Chas. Beaver, Wood Lake; q. D. Aims
lie, Simeon; B. W. Levee, Wood Lake;
VIM. Alder, Merriman; b. Hunt. Eli;
w. Teeters, Chesterfield; A. F. Young,
Cody; E. r. Vandegrift, Brownlee; F.
W. Pool. Steen precinct.
After the jury was empaneled the
statement of the case of the State Us.
Cicero H. Thompson, was outlined by
County Attorney Morrissey. During
the statement ex-Judge Kinkaid, n of
the counsel for defense, objected to
some statements made which indicated
the past character and habits of the de-
PENDANT with relation to the deceased
and other parties which the state ex-
pected to use as witnesses. The coun-
ty attorney was sustained in his state
ments by the court and again proceeded
to outline the case, but was repeatedly
interrupted though each time sustained
by the court as keeping within legal
bounds.
During the statements of Judge Kin
kaid as to the outlines of the defense he
was interrupted by County Attorney
Morrissey calling him to order for ar
guing the case at an improper time.
After considerable cross-tring at each
other Judge Kinkaid was finally per-
mitted by the court to proceed but eau
toned not to argue the case at this time
but to confne himself to the defense
which he expected to make, The Judge
was repeatedly called to order after this
by the attorneys for the prosecution
and each time was instructed to con-
fine himself to a statement of what he
expected to prove in his line of defense.
The judge took very kindly to the ad-
monitions from the court and finally
avowed that there were a great many
things which were very tempting to
him to say, but under the circum-
stances he would refrain from so doing.
He then attempted to call the jury's at
tention to an incident that happened
while a juror was being examined, but
at this juncture Attorney Morrissey
again objected to his entering into a
discussion of immaterial matters and
the judge subsidized.
TUESDAY.
Most OF the day was spent by counsel
for the defense and prosecution in ar
guing as to what evidence should be
permitted to go to the jury, during
which time the jury was out in the
care and charge of the bailif. AT 2.2O
pm. the jury was called in and testi-
mony of Aug. Milliman was begun.
The witness testified that on the
night of March IA, 1900, he and Arthur
London stood check at the Fort at II
o'clock p. m. and then came up town.
They went to the Owl Saloon, Mill
mar standing outside while London
went in to see Thompson. Witness
was not allowed by the defense to tes-
tify as to what passed between Thomp-
son and London, it being hearsay evil
dence. J They next went to Joe Morri-
sons restaurant, awakened the cook
and ordered something to eat. While
there witness and London saw Thomp-
son pass, going south. In about a half
hour they followed, going to Thomp-
sons house. Arrived there they
knocked on the door, and receiving no
response went to the north window,
raped on it and called Thompson!
Thompsonl" but received no response.
They then went to the depot and ask
ed the operator the time of night. 1t
was then about 2 o'clock a. m. From
there they went to the resort south of
town, but Immediately came back, 60
ing to Thompson's house and again
rapping on the door, calling for Thomp-
son and again to the north window
Thompson! thompson" and
on the window with a silver
dollar, but received nc response. They
then went to the room called Thomp-
sons poker room, broke open a box and
took some poker chips, about two cigar
boxes full, put them in their oyercoat
and went back to Thompson's