Omaha daily bee., 1905-08-01
SEEK ALIBI FUR SHERCLIFFE
Testimony in BItraditiOn Case Differs from
that in Dsnnison Case.
THOMAS APPEARS FOR THE ACCUSED
Proprietor of Des Moines saloon Has
shercline's Brother Arrested on
Charge of Threatening
to Kill Him.
CFrom a Stan correspondent.)

(From a star Correspondent.)
DIES MONIES, July s1.-(special. Gov
ernor Cummins today heard the arguments
and evidence in the question of the requisi-
tion for Frank Sherclffe. Elmer e. Thomas
OF Omaha represented Sherclide and pre-
sented afidavits to the effect that Sher-
cliffe was in Iowa at the time of the rob-
berry in Oklahoma. The afiidavits were
mostly from relatives of Sherclffe from
Marshall county, where his brother lives,
TO the effect that Sherclffe was there at
the time of the alleged robbery, June 8.
1901. Shercliffe's testimony in the trial of
Dennson at Red oak was contrary to this,
but 1t was advanced that Sherclffe, being
OF a rowing disposition, was less liable to
know where he was at any stated time
than the farmers OF Marshall county. who
knew him and say he was at his brothers,
Thomas argued bad faith on the part Of
the prosecution of Sherclife, claiming that
the request for the requisition is primarily
for the purpose of getting him out of the
way before the next trial Of Tom Dennison
and offered to furnish testimony to i'm
peach the South Omaha people whose af-
fidavits Sheriff Lund presented as part Of
the papers In the request for the requisi-
tion. These were the Maynards, Hayden
and others. At the conclusion of the hear
ing Governor Cummins took the matter
under ndvisement. He stated, however,
that while he thought Oklahoma owed it to
Iowa as a courtesy not to press the request
for a requsition till after the next trial of
Dennison, yet he would grant the reQuisi-
ton in spite OF that fact IL he found the
papers all correct and according to law,
but intimated that he would hold Shercliffe
If he found any plausible excuse.
Cases Are Appealed.
What may be the first OF a long line of
litigation over Beaumont, Tex, oil COM
panies was filed in the supreme court to-
day. c. ]. Hlnkley brought suit in Sac
| county against the Sac Oil and Pipe Line
company and secured judgment for the
| return OF the money he paid for STOCK on
! the ground that the sale of the stock was
a fraud and that the promoters OF the com
| many knew all the time that 1t was I'M
| possible for the we'll to be paying PROPOSE
| ton.
An appeal to the supreme court mas oeen
! taken in the murder case OF the state
against Fenton Whitman of Page county
who is charged with the murder OF ChArles
| Middaugh. He stabbed him with Jach
| tn,se In n drunken fight near Clarinda on
| October 16, 1901.
Anna w. shiebley has appealed the case
| aga,nst Charles 5. Ashton from Woodbury.
! county for libel, charging that he published
| IN his paper a ubelous afidavit.
| CouuciI Has No Jurisdiction
| = II Farl appeared before the executive
| council today to reprNeent the city oi
| Council Bluffs in its claim 10 big lahe
which has been formed by cutoH Oh .he
Missouri river there. The city claims tn'
iana because it was once the bed OF tins
-. ceorge Wright and George Mayne
| for the Park board claim. the land unoei
the accretion laws The executive councl
! heard the matter and then decided tha
n haA no jurisdiction in the matter IL
understood that the matter is now IN th'
federal court at Council Bluffs on an In
junction.
Monument to Governor Drake
7, was announced today that the heirs o.
the Francis NJ. Drake estate are consider
ING the expenditure of the $4,000 secured
from the sale Of plat OF ground In Uni
yersitv Place for a public park for TN
erection of a monument to the late GOV
ernor Drake, to be placed in the park INT
matter has been suggested TO them an'
there are assurances that they VIII hkel!
adopt the idea.
smRIIey Promoted.
]. q, smalley, superintendent of the Rocl
Island here, has been promoted to the su
perintendency Of the Kansas division witt
headquarters at Topeka. 1t is thought tina
G. w Jones of Topeka will be made tn
division superintendent here.
Threaten Bob Kins.
Rob King, proprietor of a saloon and tn
most noted gambler of Des Moines, has file'
charges before Justice Duncan agains
Homer Morris, brother of Frank Shercliffe
charging him with a threat to kill. He al
leges that Morris, In company with Price
proprietor of the Smoker cigar store, en-
tered the saloon and told him he had beel
meddling in the matter OF getting Sherclin
out OF the way. working in the interests o
Tom Dennison Morris, he alleges, threat
ened that he would be killed II he didn'
desist King started to get a revolver ant
both ran from the building.
Property to Divorced wife.
James II. Welch, a prominent printe
here, died today. The will was filed and 1
! is discovered that he left the bulk OF hi
property to his divorced wife. She secures
a divorce on the grounds OF his intimac
with other women.
No New Trial.
Judge Smith Mcpherson has overruled tn
motion for a new trial demanded by tn
Bankers Mutual Casualty company, agains
which a judgment for Ss.2l0 was recent
. given in favor OF the bank OF Goffs, Kar
! The insurance company refused to pay in
surance on funds stolen by burglars. Judg
, Mcpherson directed the verdict. II
thought that the case will be carried TO tn
court of appeals.
Iowa Veterans TO Meet.
HARLAN Ia, July s.-(speciai. 9TH
annual reunion of the Western Iowa Vet