davidaulloa/AmericanStories huggingface dataset:
Red Lodge daily news combined with Carbon County news., 1933-03-29
WILL OF HARRY
SHUPAk BROKEN
BY Jury ACTION
Contest Based On Claim
For Granddaughter of
Bridger Rancher

Contestants of the will Of the
late Harry Shupak, Bridger ranch
er, succeeded in an attempt to
have the will, drawn last fall, set
aside in favor of a former tesla
ment.
Contestees were John Shupak,
son of the deceased, with Mrs.
John Shupak, and DR.. and Mrs. L.
A. Gates as principal witnesses.
After lengthy testimony of the
contesting parties had been heard,
the jury was given Instructions in
the form of interrogatories, cover
ing the main points of the will in
question. The jurors replies to
these questions decided the facts:
that at the time of writing the
will in question, the late Harry
Shupak was incompetent to make
a will; that he made it under and
by reason of undue influence; that
neither was its signing his own
free act, nor was it signed in the
presence of witnesses called as
such by his request; that the for
malities of law were otherwise I'M
satisfied. John Dullenty signed
the verdict as foreman of the
jury.
Result of the verdict is that the
Shupak will of November 10, 1882,
will not be admitted for probate.
A previously drawn will, written
by Harry Shupak in 1923, prob
ably will be probated and exc
cuted.
Contest of the latest will was
based on the assertion that the
granddaughter was being de-
prived of an inheritance guaran-
teed her by the former document.
In the 1923 document, an allot-
ment Of $4,000 was made to the
child, who was ranked seventh on
a list of beneficiaries. The latest
will set aside $4,000 for the child,
one third of the estate for Harry
Shupak's widow, and granted the
remainder to the son, John Shu-
pax.
Reason for drawing the second
will, according to John Shupak,
was not to deprive Norma Mae
Cruel of an inheritance, but to as
sure her of a portion. When Harry
Shupak drew his, first will in 1923,
/ said John, the Shupak estate was
valued at $145, 900, and its liquid
! alton would have provided suffic-
lent funds for all beneficiaries.
Before Mr.. Shupak's death, the
estate had deprecated to a value
between $4,000 and $4,000, the
distribution of which could not
have been carried far enough to
provide for the child or himself.
Besides Mr.. and Mrs. John Shu-
pax, DR.. and Mrs. L. A. Gates and
Joe Kuschinski testified for the
contestees. Contestants witnesses
were Lawrence Van De Vegate,
DR.. j. M. Oleinik, Floyd Gebo,
Robert Pryde, and G. E. Thomp-
son, whose testimony was not adj
mitted to record.
Red Lodge daily news combined with Carbon County news., 1933-03-29
TRACK ATHLETES START
PRACTICE, BEARCREEK

Those who turned out for the
first track and field practice at
Bearcreek High school last week
we're Orville Williams, A. Santa
vicca, Earl Hynds, Clarence Nc
Luskie, all lettermen; Alex Young,
Frank Sigurnich, Henry Chesa-
rex, Joe Naglich, Pete Kastelitz,
Clarence Jackson, Warren Brown,
Jim Irvine, George Bentley and
Bob Rae.
Coach t. H. Bennett has two
veterans in particular who will be
called upon for extra work in the
seasons contests. Williams, win
ner of the high hurdles in the
county meet last year, and Hynds,
sprinter, are potential point win
ners. Joe Naglich, big sophie
more, will work on the hurdles,
and Jackson, a transfer from Bel
fry, is a distance runner of prom
Use.
Red Lodge daily news combined with Carbon County news., 1933-03-29
ATTEND O. E. S. FUNCTION

A delegation from Venus chap
ter, Order of Eastern Star, went
to Billings Tuesday to attend
the reception held by the
Edna Hedges chapter for Mrs. AL
berta Rowland Of Libby, worthy
grand matron Of the Order of
Eastern Star for Montana. Those
attending from Red Lodge were:
Mrs. F. w. Schwin, grand warden
of the order in Montana; Miss
Virginia Schwin, Mrs. James Les
lie, Mrs. H. B. Field, Mrs. Edgar
W. Allen, Mrs. John Simpson, Mrs,
Joe Bailey and Mrs. Carl j. Pelo
Red Lodge daily news combined with Carbon County news., 1933-03-29
COURT DECLARES
LAUREL MAN NOT
GUILTY OF ARSON
Judge Rules That Evidence
Is insufficient; One
Divorce Granted

In spite of the condemning test
imony of an alleged accomplice,
the district court Saturday found
Harvey E. Freebury of Laurel not
guilty of attempting to defraud an
insurance company by an incen-
diary fire at Belfry.
Freebury, owner of the house
that was destroyed last April "a,
was not required to take the
stand in his own defense, as H. c.
Crippen, defense counsel, did not
present his case. When the state
rested its case Saturday morning
after completion of testimony
against the accused, MI. Crippen
entered a motion that the court
direct a verdict of not guilty, on
the grounds that the testimony of
the states chief witness, George
C. Moran, was insufficiently cor
%roborated.
Moran had told the jury that
Freebury had offered him 500 to
set fire to the building, that he
had done so by lighting a pile of
rubbish in the house, that after
the fire Freebury had refused him
the promised reward for the act of
arson.
Belfry residents, Rev. G. Scott
Porter, B. F. Ingram and ]. o.
Higham, testified as to the con-
dition of the house after the fire.
w. l.. Quirk, agent of the Phoenix
Mutual Fire Insurance company,
testified that Freebury held an eff
fective policy of $1,000 on the
house, but that he had made only
a verbal. not a documentary claim
for damages.
Mr.. Crippen contended that the
testimony of Moran, as an accom-
plice in the act, was in itself in
sufficient for a conviction, and it
had not been duly corroborated by
other established facts and testi-
mony offered by the state. In the
absence of the jury, this assertion
was refuted by Prosecutor c. j.
Dousman, assistant attorney gen.
eral, and County Attorney Con-
well.
Shortly before noon Judge o. F,
Goddard ruled in favor of the de-
PENDANT. The jury was recalled
directed to find the defendant not
| guilty, and the verdict signed by
Foreman A. d. Whitcomb. Sub
sequently the court dismissed the
case of the state against George
Moran for arson.
Set for trial during the recent
court term, the case of P. E
Keefer against Matilda OFT was
held over for trial at some future
time.
Earlier in the week, Judge R. c
Stong heard the suit of Clarence
w. Lopp of Red Lodge for divorce
from Doris Lopp, Coffeyville
Kans., which was granted and de-
creed by the court.
Red Lodge daily news combined with Carbon County news., 1933-03-29
FORMER r. l.. PASTORS
SON DIES

Douglas, four-year-old son of
Rev. and Mrs. H. ]. Harmon, Shell
by, died Thursday at a Great Falls
hospital, it was learned here by
Mrs. M. E. Martin, who received
a letter from the former Red
Lodge pastor this week. The boy,
youngest of seven, suffered a two
weeks illness eliminating in an
operation for peritonitis. Rev
Harmon, who is remembered
'ay many in Red Lodge as the pas
of the Methodist Episcopal
hurch, now holds the pulpit of
le community Methodist church
Shelby.
Red Lodge daily news combined with Carbon County news., 1933-03-29
NATIONAL
AFFAIRS
By FRANK P. LITSCHERT

There is no g~ainsaying the fact
that the new administration has
moved swiftly and decisively since
taking office at Washington. Con-
gress has obeyed willingly and
has given President Roosevelt
powers never before known i'll
America during peace times.
There is more than n reason for
this. In the first place the old
adage that a "new broom sweeps
clean" holds good in politics as
well as in other walks of life.
President Hoover was handicapped
by a congress which was generally
against him because the political
beliefs of a majority of its mem
bers did not coincide with those OIL
the presidents party. But when
the new administration came IN,
bringing with it a majority In botn
branches Of congress and a So
called "new deal" the psychology
changed over night. Congress and
the nation is always willing TO
give a new administration a
chance. Whatever troubles and
political divisions there are to be
in the majority party, will come
later on in the administration.
Red Lodge daily news combined with Carbon County news., 1933-03-29
Y
NOTE
AT BANQUET HERE

With a banquet and program of
entertainment, Friday evening, the
Mountain View camp No. $500,
Royal Neighbors of America, Gel
.ebrated its 25th anniversary. Cow
iers were laid for 115 members and
their families, in a hall artistic
ally decorated in royal purple and
white.
{ The program was opened with
toast by Mrs. J. Terro, followed
by little Miss Mary Doty, who
Igave a pleasing recitation. A piano
duet by Miss Lillian Albert and
Ruth Heare was well received, as
twas the piano solo, Echoes in the
VALLEY" by Miss Dorothy Nord-
Lstrom. A piano solo by Vivian
Morris a enjoyed by those pres
ent.
Three charter members. Mrs.
hBertha Fogleman, Mrs. Kate Beck
min and Jess Beans, gave addresses,
at the time of which the birthday
fcake was cut. This work of art,
with its rs candles, was divided
Iby Mrs. c. A. Nordstrom, and dis
tributed among the guests. The
Iclosing address was delivered by
lE. P. Conwell.
Red Lodge daily news combined with Carbon County news., 1933-03-29

and west or Denver, one C
every few miles to great fact
Of steel and glass, each domil
by a tall smokestack. These,
learns, are one of the fruits !
rigation- In them millions Of
of beets that grow in the SURF
ing fields are turned each yeat
hundreds of millions of poun'
sugar. In 1880 Colorado fac,
produced nearly a third of al
sugar produced In the United 81
This white, crystalline gold
Colorado's plains has been
In excess of s50.O0O,0O0 In a s
year, more than ten times the
of the yellow gold that was d
1881 from the mountains.
Red Lodge daily news combined with Carbon County news., 1933-03-29

Passage of the emergency bank
ing legislation was of course Q
foregone conclusion. The need
was acute and congress responded.
But the enactment of the so-called
economy and budget balancing
program of the president was
more remarkable. The legislation
called for making the president an
economy dictator, and this WAS
done on the theory that the nation
was facing a situation as serious
as a military threat by a foreign
foe. For months, certain well fl
nanced Hobbies in Washington had
been preventing the enactment of
real economy legislation and they
felt. when TIE new administration
started, that they could do it
again. But they reckoned without
the ability of President Roosevelt
to take hold of a situation, and
without the response that the
whole country would make to his
demands for action for economy
and sound national finance. AS
the debate in congress proceeded
the forces behind the president
grew stronger rather than weak
err, and in the end the lobbyists
themselves were forced to yield
gracefully and to say that they
were so doing because they had
absolute confidence in the fairness
of the president to do the right
thing in the administration of the
law.
Red Lodge daily news combined with Carbon County news., 1933-03-29

Many New Workers who have
watched President Roosevelt's pc.
litical career from the beginning
say that he is blessed with tina,
ARE gift called political luck
He always has won his politicss'
battles, they say, no matter wha'
the apparent odds against him. /
this is true, his political "luck
seems to be holding and Ameri
cans generally regardless of parts
will hope that it continues to hol'
so long as his policies remain
sound and constructive. The state
ment that he has this politica
luck is no disparagement of his
ability. Luck without ability would
not go far. 1t will be remembered
that the late President Coolidg'
was credited both by his politica
friends and opponents with pos
sessing the same kind of luck, bu'
this did not deny his calm, con
structive judgment and sount
mentality. President Roosevelt Ii
now the head of the nation. Hi
achievements will be the nation
achievements, and his luck will b.
the nations luck. May it continue
as long as the president and thu
nation continue to deserve it.
Red Lodge daily news combined with Carbon County news., 1933-03-29

Just how the rest of President
Roosevelt's program will fare in
congress remains to be seen. Just
now the administration 'has the
ball" and is able to make a touch
down almost at will. Nothing
succeeds like success, and with
his proven ability to size up a sit
uation and dramatic it when
necessary President Roosevelt
ought to go a long ways with
congress before real disagree
ments develop.
Red Lodge daily news combined with Carbon County news., 1933-03-29

Folks who never do any more 1
than they get paid for never gesor
paid for any more than they do
Ebert Hubbard.
Red Lodge daily news combined with Carbon County news., 1933-03-29

The first man to quit work is
usually the last one to be promot-
ed.
Red Lodge daily news combined with Carbon County news., 1933-03-29

Another reason for the swift
and decisive action on the part OF
congress was the national banking
crisis. 1t was evident that some
thing had to be done and done
quickly. A thrill of patriotic fer
vor, comparable to a war SPIRIT
swept over the nation. American
people may do a lot of complain
ing in times of depression, but
they love their country and always
rally to the colors when it is IN
danger, no matter whether the
danger is from within or without
A third reason of course is that
President Roosevelt had the abil-
ity to capitalize the situation, and
to take a bold course and n call
ing for decisive action. He cap
tured the imagination of the coun-
try, partly of course because ne
presented a workable program.
Red Lodge daily news combined with Carbon County news., 1933-03-29

Prohibition enforcement costs. TIL
the United States almost $1,000,-lg [
600 monthly. In a
Red Lodge daily news combined with Carbon County news., 1933-03-29


but 1t Is mineral king OF Cole
1t passed gold a few years
Close to three-quarters of a
dollars worth has been dug
ing the states life.
Saved by Irrigation.
Irrigation was the savior Of
RADIO. Most of the treasure
ers who went out In $50 and g
only the desire to collect gold {
ly and return to the East. I
believed that the country coul
support a permanent popul
But a few men planted garde
the river bottoms, led water to
In crude bitches, and obj
astonishing yields.
Cooperative groups built
bitches at higher levels and
up diversion dams. Develop
has gone on until now ever,
of the many streams that flow
the mountains Is taken bodily
by irrigators as soon as 1t re
the foothills.
AS one drives through the |
developed irrigated region
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-01-12
Westland

In last weeks issue we should
wife's maiden name was Mary Es-
ther Thompson, instead of Hamil-
ton.. Alice Newburn spent the week
end with Esther Huffman. Mr.. and
Mrs. Archie Hummel and Bessie
Bingham spent Wednesday Of last
week at G. S. Hiatt's. Pennsville..
Velma Butler Is spending the week
in GAINESVILLE. "A wood chopping
was held for Mrs. Frank Hooper
last Thursday. George. Albert and
Richard Abel spent part of last
week at George and Oliver Miller's.
Howard Bingham of Hopewell
spent part Of last week with John
Boyd. Mrs. Mae McPeak and
daughters Rosemary and Faye, Mrs.
Jennie Hooper and Velma Butler
visited Friday at Frank Daugh-
erty's. Mr.. and Mrs. John Davis of
Athens spent last Thursday at
Frank Davis. Sunday visitors
were: Leonard Benjamin's at Leon
ard Hickerson's at Pennsville; Mrs.
Frank Hooper, at Ray Blacks;
Gladys Benjamin of Malta, and
Faye STROBE, at Bernard Ben
jamin's; Clifford Dougan's at w. S.
Dougan's at Chesterhill. Dale
Smiths and G. T. Mendenhall at
Carlos Harris. A. w. Embree and
sons Harold and Raymond are bet
ter, after having grip.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-01-12
EagIeDOrt

Sunday school at $3.50 a. M
Prayer meeting at 1890 o'clock
and Wednesday evenings at 1880.
Preaching services Sunday even
ing at 7:30.-Rev. L. B. Douglas,
pastor. Mrs. Clifford Clifton who
has been on the sick list, is very
much improved. Miss Gertrude
Robb spent last week with her
brother Roy Robb and family of
Philo. Gerald Eppley spent Mon
day evening with Russell Eye and
family. Mr.. and Mrs. H. L. Wood
ward and son Bobby of this place
and daughter, Mrs. Faye Jones and
family of Cambridge, visited Sun
day with c.. c.. Seyler's of Reiners-
vile. Mr.. and Mrs. VIM. Henry,
and Mrs. Nan Huffman were last
Wednesday guests of Alfred Henry
and family of Triadelphia. Carlos
Robb and Russell Eye were business
callers in McConnelsville, Monday.
4. Mr.. and Mrs. Harold HENRY and
their son Kenneth, visited Sunday
with Mr.. and Mrs. S. ]. Moore OF
Union HILL. Mr.. and Mrs. Roy
Robb and daughter Of Philo spent
Sunday with Carlos Robb's.. Mr..
and Mrs. G. B. Lindimore and family
were Friday evening guests OF II. L.
Woodward's.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-01-12
Captured Chicken Thief Is
Brought Here

Charles Willoughby of Perry
county, chicken thief. who was
shot Wednesday by a deputy sheriff
here where he was given medical
attention in a local doctors office.
Tuesday night he stole 26 chick
ems from party near Circleville.
A party there got certain auto Ii
cense number, and after the Circle
vile chicken raiser had missed his
chickens, the party who had the Ii
cense number, went to New Lex
ington and learned the name of the
purchaser of the license plates, who
was Willoughby. The sheriff from
Pickaway, deputy sheriff from Lam
caster, and deputy from Perry coun-
ty went to Willoughby's residence,
and when he saw the officers, he
started to run Several shots were
fired to scare him so that he would
stop, but when he did not, a. deputy
fired two shots at his legs, both TAX
ing effect about his knees. He was
brought here as stated for treat
ment, and the deputies accompanied
him. When here he admitted steal
ing the chickens, and it was found
that they were sold to the Dover
Produce here by Willoughby's wife.
The owner of the chickens, who
was here, readily identified the
chickens which were of peculiar
marking and of large size. Return
ing to Circleville it was learned that
six more of the chickens from the
same place had been stolen. Will
loughby was taken in charge of the
officials who came here with him,
and before he left, the sheriff of
Pickaway county paid the Dover
Produce for the chickens, and also
for the medical attention given the
chicken thief who was shot.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-01-12
Wesley Chapel

Miss Dolores Sines who has been
sick with intestinal grip, and unable
to attend school, is improved now
and able to be out. Mr.. and Mrs.
Harry Sullivan. Mrs. Marion Der
wacter, Mrs Ernest Huffman and
son Eugene visited Friday with Mrs.
Derwacter's sister, Mrs. Priscilla
Robinson of GAINESVILLE. Mr.. and
Mrs. Charlie Sealock spent Saturday
evening with Charlie Devols, near
McConnelsville. /. Mr.. and Mrs.
Fred Parmiter and son Robert were
Sunday visitors at Earl Roberts.
Mrs. T. En- Sines spent Saturday
night and Sunday with her daugh-
ter. Mrs. Charles Haynes, and fam
lily, Of McConnelsville. Protracted
meeting is announced to commence
at Wesley Chapel church, Sunday,
Jan. 90. Mr.. and Mrs. DarI Du-
gan and children Billy and Dorothy
and Mrs. AIDA Oxford spent Sunday
afternoon with Howard Barkhurst's
near Pisgah. Mr.. and Mrs. Clyde
Parmiter of McConnelsville spent
Sunday afternoon at Elmer Harris.
The Wesley Chapel L. A. s. met
with Mrs. j. D. Keller, Friday af-
ternoon. No program was given, as
the time was spent in quilting. "A
social time wag enjoyed, while
quilting. The place Of the next
meeting is to be announced later. =
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-01-12
Mrs. Cora BENJAMIN Dies

Mrs. Cora Benjamin, so, wife of
Frank Benjamin, died Tuesday
night at her home in the Weitzell
vicinity. Death was due to dropsy
and heart trouble. She had been
i'll for a long time Her maiden
name was Cora Harris. Surviving
besides her husband, are eight chill
dren-Esther and Edgar Of the
home. Mrs Alta Hill, near Meigs;
Everett Benjamin of Philo; John of
GAINESVILLE; Robert of Philo: Mrs.
Wilma Strobe, near Weitzell, and
Mrs. Nellie Brown, near Cheney
Vile. One son, Leslie Benjamin, is
deceased, and three children died in
infancy. One sister also survives,
Mrs. Alta Krier Of PhilO.
Funeral services which will be
conducted by Elder G.. HI. Norm,
will be held Friday afternoon at 2
O'Clock, at the Miller funeral par
lors here Interment will be made
in Malta cemetery.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-01-12
JOHN RYAN DIES HERE AT
AGE OF NINETY-TWO YEARS

g.
John Ryan, aged go years, we'll
known resident of this place, and
one of our oldest citizens, passed
away Sunday evening at 10 o'clock
at his home. Death was due to
general infirmities.
Mr.. Ryan was son of the late
Timothy and Ann Shannon Ryan,
and was born on Sunday creek,
Perry county. His father was born
in Tipperary, Ireland and his moth
er was native of New York state.
When the deceased was a young
man, the family moved to this place
where they resided for a number of
years, and then moved to st. Joseph,
Mo-, where his parents died. The
trip there was made by boat, and an
interesting incident was connected
with it. While on their way the
boat sank. While the family were
all rescued, their earthly belong
ings, excepting two dogs, were lost.
At the time they were criticised in
not letting the dogs drown, and
saving something more useful. how
ever the dogs were of fine stock,
which they sold at good price and
with the money obtained from the
sale, the family began life anew in
that then new country.
John Ryan later returned to this
place where he was united in mar
riage to Miss Rose Riley, sister of
the late James Riley. They were
the parents of six children. two of
whom died in infancy The others
deceased were. Edward Ryan and
Mrs. Mollie Taylor. Those. surviv-
ing are Joe Ryan of Caldwell, and
Frank W. Ryan of Chinook, Mont
Some time following the death of
his first wife, Mr.. Ryan was united
in marriage to Mrs. Lucy Nixon Ell
more, who survives. and by this un-
ion, one son, Charles Ryan of Ak
ron Miss jamie Elmore, former
clerk of courts of Morgan county, is
a step daughter OF a family of
eight, but one sister of Mr. Ryan
survives, Mrs. Anna Shartle of st.
JOSCpu, MO. Ut UCLLCI tAdA ~
years Mr. Ryan was "a cobbler here,
and was good Industrious work
man. He was man who possessed
a keen sense of humor.
Funeral services were held at his
late home Tuesday afternoon, and
were conducted by Rev. r. G.. Os-
good, pastor of the Main Street
Church of Christ Two hymns were
read by, the pastor Lead Kindly
Light and "Rock of Ages" The
pail bearers were Everett and AL
bert Miller, John w. Fox, V. A. Van
Horn, Jno. w. Carter and Fred
Nixon. The floral tributes were
many and beautiful. Interment was
made in the local cemetery.
Those from away Who were here
to attend the funeral of Mr.. Ryan,
were Mrs. Jos. Stitt of GAINESVILLE;
and Mr.. and Mrs. Joe Ryan, Mr.. and
Mrs Chester Ryan and Mrs. Bow
ron, all of Caldwell
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-01-12
Attempt To Break Jail

Wednesday morning Sheriff l.. B.
Adrean discovered that Harold Vic
tor who is confined in the county
Jail, serving a sentence for breaking
into and stealing articles from the
E. e. Nash camp, had fashioned a
key out of another key, which he
was attempting to use to pick the
lock Of the cage. He had evidently
shaped the key on the concrete
floor, and with it attempted to pick
the inside doOr-the one recently
made in the west wall. He also took
a bar which locks the cage, and
tried to jimmy the lock, but failed
in both attempts.
From now on, Sheriff Adrean
states that he will see that he is i'll
absolutely safe keeping.