davidaulloa/AmericanStories huggingface dataset:
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16
ILLINOIS SOCIETY
WILL PICNIC AGAIN
ADMISSION DAY CHOSEN AS
HOLIDAY
Association. Donates Money to EIks'
Entertainment Fund as Well as
Opening Headquarters for
Visitors from State

Believing in the old saw that "every
little bit helps" the officials of the
Illinois Association of Southern CALI
fornia, who set the pace for other state
societies by providing headquarters
for the Illinois Elks at 531 South Spring
street, took a second step forward yes
terday and voted a contribution of $40
toward the Elks entertainment fund.
The contribution would have been
larger, but the expense of maintaining
headquarters and the fact that Hill
noisans in business had contributed to
the fund were taken into consideration.
At the meeting of the executive COM
mittee held last night, w. r. M. Cole
was chosen to act as the host at the
temporary headquarters. He will be
IN command of corps of men and wo-
men assistants who will dispense in
formation, register the visitors and new
members, and sell the society's mem
bership buttons. The booth will be dec
Grated and will provide resting place
for the strangers.
Reports received by the committee
men indicate that the Illinoisans in
Southern California, pleased with the
success of the first annual picnic at
Playa Del Rey, were heartily In favor
OIL Ill0 pan " 6lNO a AloANCSI AiOAiAO
and melon picnic in the early autumn.
OF the three holidays occurring in
September and October-Labor day,
Admission day and Discovery day-the
executive committee has selected Ad-
mission day, Sept 9, for the harvest
home-melon picnic Admission day.
commemorative the anniversary of
California's admission into the feder-
alton of the states, was selected be-
cause of the uniform weather condi-
tons, and the fact it was more of a
local holiday than either of the autumn
holidays.
Harvest home picnic" to an Illinoi-
san savors of feasts of good things to
eat, and 1t is the intention to have for
prizes on that picnic date pies. cakes,
bread-stuffs and other delicious home
cooked dishes of fruits, cereals and
vegetables common to Illinois tables,
'Do you think you will be missed from the
halls of legislative debate"
II don't know" answered the retiring states
man. "a man has to be tremendously famous
to attract any attention because he Is among
those absent "-Washington Star.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16
civ to AppeaI DECISION

SAN DIEGO, Cal, June 15.-Mayor
Conard today signed the emergency
ordinance instructing the city attorney
to appeal at once to the supreme court
the decision rendered recently by SUI
perior Judge Lewis holding invalid the
action of the municipality in employing
it's own laborers on public Improvement
work AS a result of this decision
many public improvements that were
under way have been tied up COM
pletely.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16
RYW. HERBERT BLAKE

Against the barren background or
sterile dollars-never so impotent as
when pitted against woman's wit and
love and honor-three characters were
etched last night at the Belasco with
the mordant precision of life. Around
them were grouped some dozen Sill
houetted shadows which f1uttered ana
trembled and vanished like moths
about candle.
The woman won-and paid to win.
Paid in wit and love-paid In honor
too. Paid by pose, remuneration. even
theft, And snatched the shred or heart
and soul that remained undespoiled In
a strong man and saved 1t from utter
rout by teaching him the cleansing
grace of humility. Mother Nature
reyerent folk would say God-took care
of the trifies which inspired the strug-
gle: a fathers reputation ana a
Woman's happiness. They were paWns
in the greater conflict and in our awe
at the naked strategy of divinity IN
human affairs we almost forgot them.
1.-THE Lion and the Mouse" is not a
great play in the sense that life or the
best in Shakespeare is great drama.
1t has too many lay figures. 1t stages
three real humans-father, son and
woman-and in the wrestling or tnat
trinity IL LOuCHeS ISdllS' NoOiiO NAS
perhaps Mr.. Klein will write play
in which all the characters are tactual,
palpable. He has but to apply his
democratic philosophy to his art to
succeed. In the meantime we may be
thankful that he has torn at least three
characters from the ragged rock of
reality and has let us see them striv-
ing, suffering and converging to a
logical destiny. That one achievement
has made THE Lion and the Mouse" a
landmark in the history of the modern
American drama, which points the
path to better things than the recent
inanities and vapidities a candid critic
strives in vain to adequately stigma
tie.
Few roles tax the emotional resources
of an actress as does that of Shirley
Rossmore, and l think none the less of
Miss Reeds abilities because she did
not scruple to let us see the tremendous
strain the part put upon them. Shirley
Is neither fury nor a machine in pet
ticoats. She suffers from first to last,
and even her victory costs her dear.
That agony, which neither her lover
nor his father half discerned, she let us
see, and thereby was true to the
strange dualism of stage requirements.
From the first news of her fathers
undeserved ruin, anger, anguish and a
heroic gayety wrestle for the mastery
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

Mems Pants-Men's s. worsted pants at
st.65; mems SO worsted fancy pants at si,sb;
mems $3.50 hand tailored worsted. $2.25;
mems SIS and So pants. $2.75.
Mems overshirts-s2 pongee shirts at
$l.15; 2ss dozen golf shirts. 75o ana 81
values. s5c; 81 overshirts, nobby patterns.
soc; 81 shirts IN fancy patternB and coat
styles, 9bc; SLIPS shirts. silk bosoms. at t5c.
Mems hose--2Oc fancy hose 1oc; soc. $50
fancy silk Isle hose, use; 25c hose. 12hc.
Mems Suspenders-Men's President style
suspenders. 1sc; mems 500 suspenders. use;
mems 81 fancy silk suspenders. t5c.
Mems Handkerchiefs-10c white handlker-
chiefs &c; 1oc white linen handkerchiefs.
also fancy colored border, eAe; 25e linen
handlSerchiefs. 1-3c.
Mems shoes--Men's IS shoes. si.4s; mems
81 shoes, $1.e5; mems "a buckle shoes and
oxfords. $2.15. patent leather. tan and
black.
NEUTRALITY-SUSPICIOUS. Soc four-in-hand
ties, 15c; csc Boston carriers. 1bc; 15c arm
bands SC; mems 100 bandana handkerchief
&c; mems $3.50 fancy vests, 81.
Hundreds of articles not mentioned will
be on sale at same reduced prices for ena
day only To get the best selections be on
hand early.
) This Morning 8 o'clock.
IRD STREET
ID. N. Smith, Receiver
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

Youths long pants suits. worth $3.50 for
s325; $40 ones for s495; SIS youths SUITS
the best quality and style. for 1896.
Mems Suits--$10 wool suits, s4.S5; Sl2.5O
wool suits, $5.s5; SIS splendid business or
dress SUITS S6.95; s1s suits, 1895; hand
tailored $40 suits that appeal to the best
dressers $685. s25 suits. we defy the best
tailor to match style, quality or workman
ship at $40 on sale tomorrow, s12.45.
Mems Cravenette Overcoats-Every one of
the following are genuine Priestley wool
coats: $3.50 Priestley cravenettes, ss.45;
SIT Priestley cravenettes. $3.50; $40 Priest
ley cravenettes, 50; $25 Priestley craven
cites. S11.45.
Mems Underwear-Men's soc ribbed bal
briggan underwear Csc; mems Use ribbed
underwear at 35c; mems 81 Isle thread un-
derwear, Acc; mems natural wool underwear
Ace mems porosknit underwear, S77sc; Zoe
Nainsook, knee length and short sleeve I'M
derwear 371ac.
Mems Hats-Men's 81 soft felt hats s5c;
mems $3.50 soft felt hats, s1.25; mems So
stiff hats. s1.45; mems $3.50 soft felt hats
in black and fancy colors s1.75; mems 81
soft hats in the latest styles. $1.95; men 5
IS soft and stiff hats In nobby styles and
shapes. SPAS.
Arrow collars, &c; Earl G. Wilson collars,
12hc; $3.50 Cluett shirts CSC.
Remember. Sale oper
10 WEST TT
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

Membership in the Los Angeles Realty Board
is a virtual guarantee of reliability. Provision
is made for arbitration Of any differences be-
tween members and their clients. Accurate In
formation on realty matters is obtainable from
them. Valuations by a competent committee.
Directory of members free at the office of
Herbert Burdett. secretary. b25 Security bldg.
Phone broadway 1895.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16
THE CITY

Strangers are invited to visit the exhibits OF
California products at the Chamber OF Com
merce building. on Broadway, between First
and Second Streets where free information will
be given on all subjects pertaining to this sec
ton.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16
CITY NEWS IN BRIEF

Save sickness ana stomach trouble by
drinking the best spring water. Inc
you. Phones C1466 East 4S7. Prices
right.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16
SACRIFICE KEY
TO KLEIN PLAY
MISS REED SHOWS COST OF
WOMAN'S TRIUMPH
"THE LION AND THE MOUSE" NOT
GREAT, BUT REAL
KoIb InvoIuntarIIy Gets Some, Ones
Goat on Majestic Stage-Good
and Bad in Los Angeles
Bill

1.-THE lion and the Mouse" play in four
acts by Charles Klein, as presented under
the personal direction of David M. Hartford
at the Belasco theater June 15, 1909.
THE CAST
John Burkett Ryder David NJ. Hartford
Jefferson Ryder, his son. Richard Bennett
Judge Rossmore .. james X. Applebee
Hon, FitzrOy Bagley, Ryder's secre-
tary ................ hicnaro WYNN
Senator Roberts Louis +. MORRISON
Fx-Judge StOtt .. Dewitt G. Jennings
Rev. POntifex Deetle ........ Howard scott
JOrlkins ................'.. marry SaAo9
EXDreSSman marry CPoHH
shirley Rossmore, the judges daughter
...............M Miss Florence heeo
Mrs, Rossmore, her mother.
Miss Fanchon Eveghart
DTrs Holm Burkett Ryder . Miss Ida Lewis
Jane Deetle ....... Miss Adele harrington
kate Roberts, the Senator's daughter.
x.,ss Nesbitt Miss Beatrice NOyes
Fudoxia, a servant. ... Miss Jessie norman
A Maid ..........'''.'' MISS 10y
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16
UP AGAINST IT
Creditors Demand $4,000 at Once From
Third Street Clothing Firm
600 Sale of Mems Clothing, Hats and Furnishings
Opens Today 8 A. M, 10 West Third Street


Shoes Furnishings shipped TO Los Angeles Not
to
creditors demand $4,000 at has been de-
one-nah sale opens
hi n ,k
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

The Herald will pay $40 In cash to any one
furnishing evidence that will lead to the arrest
and conviction of any person caught stealing
"a
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

The Legal Aid society," at 232 N. Main, Is
charitable organization maintained for the pur-
pose OF aiding in legal matters those unable to
employ counsel. The society needs financial
assistance and seeks information regarding
worthy cases. Phone Home F5203; Main 1885,
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

The Herald. like 4yery other newspaper. is
misrepresented at times. particularly in cases
involving hotels theaters etc. The public Will
please take notice that every representative Of
this paper is equipped with the proper creden-
tials, and more particularly equipped with
money with which to pay his bills
THE HERALD.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

DON'T simply allow 1t 10 die-that plan OF
yours. Find little capital through advertise
ing. ~
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

no WEST THIRD STREET
Spring N
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

'Do you think you will be missed from the
halls of legislative debate?"
II don't know" answered the retiring states
man. "a man has to be tremendously famous
to attract any attention because he Is among
those absent "-Washington Star.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

ter character would have pronounced
girl "gell," but doubt 1t.
Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-16

Four autoists pleaded guilty in Police
Justice Chambers court yesterday to
charges of speeding and were fined $40
each. Those who admitted having dri-
ven their motor cars faster than the
limit provided by law are, M. Wood,
B. F. Ford, Charles Brown and R. Rou-
land.
The Ward County independent., 1909-02-25
EST RAYED

Strayed from O. O. Watne. two
miles northwest of Minot, about D.
ceuber 4 1908, one small gray mare
8 years old, weight about 1000
mounds, was shod On front feet; one
grey horse, Z years old, weight 14Oo
pounds; and one gray mare 8 years
ola. weight 1900 pounds-ah were
in good condition. They may nave
separated Anyone having know
ledge of said horses will confer a
great favor by notifying T. d.
DISCARD, at Minot, N. D. as to their
present whereabouts. ll4 Il
The Ward County independent., 1909-02-25

Notice Of Mortgage Foreclosure Sale.
Notice is hereby given that uhat
certain mortgage executed and delN-
erred by Jacob Uhhdstaan Miller, (m.
miarrsed) murtgasor, to Ben E.
Combs and F. Burr Combs. mort
gagees, dated the 18th DAY OF July,
A. D. 1903, and filed for record in
the office of the Register Of Deeds in
and for the county Of Ward and state
Of North Dakota, on the 16th day Of
September A. D. 1906, and duly rec.
oriei in Book "3S' Of mbrtknges at
page 521, with be horeclosed by a sale
of the premises in said mortgage and
hereinafter desudbed, at the front
door of the count honse In the City
- Minct. County and state aforesaid,
at the hour m 2 O'Clock p. m ON the
18Th day OF March A. d. 1909, to
satisfy the amount due On said mort.
gage at The tiahe Of sale.
The premises ,ieacz6bed in said
mortgage and W1h6ch win be sold to
satisfy the same are described az
follows:
The northwest onetoanxh (NW 1-4)
of section numbered thirty (a0) in
township one hundred Afty-eaght
(158) north range edettw-seven (87)
The Ward County independent., 1909-02-25
durd. r. D. July IS. lsoS.

durA, n. D. July ls. lSoS.
his = 70 Certify That: sS...,ss.s.,
Frank H.. Hyland ot Devils Lake. Leg
North Dakota did on the 9Th day
Of March 1s6s conduct ! most salts.
factory auction sale for me. amount
Ing to about $500. Of farm impls'
ments and stock and did not get
started until nearly two o'clock and
finished before O'Clock and I was
very much pleased with tho result
and . number Of the oysters remark
Ing while the sale was going on. that
he was the best auctionsse that had
ever bsen up in thts part Of tho coun'
tn. can hi1Aiy reern@s14 mn
- any one Who oontsmptates .avns
n. p. HAGEN.
Hurd, Bottinsau. N. y.
?. 8, Any one Interested in auction
esa1es VIII either write or wire me at
my expense. Ny charges viii not b
The Ward County independent., 1909-02-25
Teachers. Examination.

THE next: regulars steaehers' ;exa1r-
nation viii viii Be given Y. at the : court :. !
house In Minot, and at the school
house In Mohall, on March - and
13. All teachers holding conditional
certificates must complete at that
time. $i
Work will begin at $3.50 Friday
morning. - g. Warren
supt. Of Schools.
The Ward County independent., 1909-02-25
SUMMONS.

E&}83 E@4 SOMM0NSs $a
state q North county Siot
Ward ss.
IN District Court. Eighth Judicial
District. i.
John Lorentz. Plaintiff. VS.. Eliing
Lorentxen Christian Lorentzen, Olive
is Erixon. John Erixon. Celia John
son. Israel johnson. and all other
persons unknown claiming any estate
or interest. or lien or tncumbranee
upon the property described In the
complaint. Defendants.
The State Of North Dakota to the
above named defendants:
You and each Of you are hereby
summoned to answer the complaint
in this action. a COPY of which "a On
file in the ONCE Of tho clerk OF the
District court IN and fer the afore-
said county and state. and to serva
a copy Of your answer upon the sub
scrfber within thirty days after the
service of this summons upon you,
exclusive Of the day Of service. and
in case Of your failure to APPEAR or
answer, judgment will be taken
against you by default for the relief
demanded in the complaint.
Dated this third day Of February,
1909.
JAMES JOHNSON,
Attorney for plaintiff, Postoffce
address 1s5 Main Street, Minot, N. D.
no Whom 1t may Concern:
Take notice that this action is
brought for the purpose OF quieting
title to the west half wv 1-2) of
the N 3 quarter section % and the
SW quarter of the SE quarter and
the Sc quarter of the SW quarter
section 2l, township 100, range 90
And you and each Of you are hereby
notified that no personal claim is
made against you or either Of you.
Dated Feb. 3, 1909.
a.I a- James Johnson,
2-11 3-1S Attorney for Plaintiff.
The Ward County independent., 1909-02-25

as much q your local auttoiness and
my many years time spent in auction
schools and in the actual work ought
to help you realize good prices.
FRANK H. EaYLAND.
The Ward County independent., 1909-02-25

Are your insurance policies drawn
up In proper style and do they pro
tect you! Insurance is our business
aata 90 Dolieies protsee. Bring .
your buGlneas and heraa1e. iyho -
ne 1.s.rsacs Aesssy. - - -
aR get a3sstsssa
The Ward County independent., 1909-02-25
Notice Of Sale.

3
Notice is hereby given, that Dy
virtue Of judgment and decree IN
foreclosure, rendered and given by ne
district court Of the eighth judicial
District. in and for the county o.
Ward and state Of North Dakota, ana
entered and docketed in the ONCE OF
the clerk Of said court In and tor
said county on the 31st day Of Decem
her. 1908, in an action wherein The
state Of North Dakota ex. rel George
A. MCGEE, States Attorney, plaintin,
ami Florence Chester, Jennie Doe'
true name Pearl Brown. Pearl Doe,
true name Dorothy Nelson and Jonn
Doe. true name Frankly Dale, de-
fendants in the favor Of the said
plaintiff and against the said defend
ants for the sum Of sixty dollars snd
twenty cents, and accrued costs
which judgment ami decree among
other things directed the sals by
me Of the real estate hereinafter da-
scribed, to satisfy the amount Of
said judgment, with interest thereon
and the cost and expenses Of suoh
sale, or 80 much thereof as the Pro
ceeds of such sale applicable thereto
will satisfy. And by virtue OF writ
to me issued out Of the Nee OF the
clerk Of said court in and tor said
county Of Ward. and under the seal
Of said court, directing me to sell said
real property pursuant to said judg-
ment and decree, I, 8. A.. Srenson,
sheriff Of said county, and person aD-
pointed by said court to make said
sale, will sell the hereinafter describ
ed real estate to the highest bidder,
for cash, at public auction. at the
front door Of the court hoaae IN the
City Of Mmot, in the county Of
Ward, and state Of North Dakota, on
the 9th day OF February a D. 1909.
at three o'clock p. m. Of that ny. o.
satisfy said judgment, with interest
and costs thereon, and the costs
and expenses Of such sale, or 20
much thereof as the proceeds Of such
sale applicable thereto win satisfy.
The premises to be sold a. Aforesaid
pursuant to said judgment ana de-
cree. and to said writ, and to this
notice, are described IN said Judgment
decree and writ, as follows, to-wit:
Lots u, 10, IA and IS. block four
teen (14) Of Brooklyn Addition to
the City Of Minot, North Dakota.
Jan. q, 1909.
8. "A. sorenson,
sherin Of Ward County. N. Oak.
By o. r. Meish, Deputy.
Dudley L. Nash, Attorney for Plain
tin, Minot, N. D. 1-21 2-25
The Ward County independent., 1909-02-25

Miss Elizabeh Schwartzoff. a
plucky Balfour homesteader. has 10
Gated nearly 500 bushels Of stolen
seed oats, with the use Of tooth
picks, which she scattered about the
cat, for. fear someone during her
absence would steal them.
The Ward County independent., 1909-02-25

FOR sA1C-Mve. ten. dtteen acrs
lots. q little umber on esch. two miles
west Of M1uot. Reasonable terms.
Apply to I. N. Ambae. Nfuot. N. D.
II .-
The Ward County independent., 1909-02-25

Farm For saIe-12o acres near
Lynch. 105 acres cu1tiuated; small
mouse and barn. Iweal, good water.
prSce 81 per Acme. s. w. Nlcddemus.
Minot, N. D. - u
The Ward County independent., 1909-02-25
aohEY 70 LOAN.

" We make speciality Of farm loans.
Renwald land Agency, Minot, n. II.
The Ward County independent., 1909-02-25

Ubanka 5639 DEM seed wheat for
sale. My sect is from BroOkins
college, grown two years on new
land in McHenry county, cleaned,
$3.50 per baushel. Sacks free Geo.
!irpman, Granville, N. D. "a '.25
The Ward County independent., 1909-02-25

FOR sALE-A restaurant doing .
good business with rooms above fur
nished complete and pool ball IN
connection tor sale. A snap Il taken
at once. Poor health is the cause Tor
selling out. L. E. Nelson, Sawyer. N.
D. Box 235. 1928 Il
The Ward County independent., 1909-02-25

FOR 800 acre earn onls
5000 l IL nnile from Logan; easy
terms ff destined: worth inveltfsl 1lag.
Address P.O. Box 1913. Surrey, n D.
"a .tf
The Ward County independent., 1909-02-25

Money to loan on real estate ct
sowest rates. Address J. N. Myers.
surrey n ID u
The Ward County independent., 1909-02-25

FOR SALE+Three fresh cows, A:
G. Faib. four m7Bes north and IL west
~ Ni,nt 3-4pd
The Ward County independent., 1909-02-25

s.9s 4. 8. "A. sorenson,
sherif Of Ward County. N. Oak.
By o. r. Meish, Deputy.
Dudley Z. Nash, Attorney for Plain
til, Minot, N. b. 1-21 2-2s
Pine Bluff daily graphic., 1909-04-10
DEPUTY JOHNSON
 IS ACQUITTED Negro Officer Is Freed by Jury in Jefferson Cir
 cult Court.
SORRELIS DEPENDS
Johnson Shot and Killed Andrew Wells, Whom He Was Try
 ing to Arrest

1t took lur& of his peess just thirty~two minute $ Friday to acquit Steve Johnson, negro deputy sher- if from Althei!Mor, who was tried in the Jefferson circuit court Thursday and Friday on t second degree mur- OCT charge. Johnson shot an1 killed Andrew Wells, another negro. at Alt !ejntr on Sno; anhtz 1, 1906, wili.e Wells was re@is,i.-5 arrest At.Mney w. B. Sorrells, uho defend fuhn- son, made a 'e5e mined fight ir be
 n.,lt of his client and succeeded ,a thoroughly convincing the ilrors that Johnson killed Wells in self de- fense. Some of the best white resi-, dents of Plum Bayou township, who witnessed the killing, testified at the trial.
 All of the evidence was submitted before the adjournment of court Thursday afte rnoon, at which hour 1t was announced that the attorneys would speak the following morning and at noon yesterday Judge Grace charged the jury. The state was req resented by Prosecuting Attorney W. ID. Jones and Attorney s. J. Hunt. The greater part of the afternoon vas taken up by the lawyers in argument.
 The testimony was to the effect that
 kn.l the county roads. He learned of Johnson having q warrant for him and threatened to do the deputy bod fly harm if he attempted to serve it Johnson looked for Wells for several days and finally saw him seated on porch leading to store at Altheimer. He went to him and told him that he wanted him. Wells asked Johnson 10 read the warrant and after he diL so Wells said he had to go to a bar Der shop. Johnson insisted on Wells accompanying him to a magistrates court. Wells broke from him and ran Johnson pursued him for two hundred feet and, during the chase, witnesses testified, Wells tried to pull a revolver from his bosom, which was afterwards found on him by the negro deputy. Wells ran around seed house near the railroad tracks and Johnson followed. The shooting took place immediately after the men got out of sight of the witnesses. Johnson testified that Wells was try ing to pull his gun when he shot ard killed him.