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LUMLEY TRIAL UNDER WAY (Continued from front page) office practically controlling: the prosecution. If people knew I was controlling it they would be amazed.' •'I asked Barnes if my testifying before the grand jury wouldn't give am immunity. He said 'No'. "It wouldn't be best to know you had immunity. Opposing counsel •light ask that question. If you did know, you would have to answer y»e. Better not to know.' Holly said he never talked to Lumley. Maynard's next question was regarding a paper Lumley held in his hands during Holly's testimony at the Hoy trial. This brought a quick objection from Judge Barnes. His objection was quickly followed by objections from Joslyn and Allen. Holly swore that after he left the Witness stand he went into the side Mom and met William Carroll. "I told Carroll I hadn't told •j Hurried objections from defense counsel, but they were overrulled. "1 hadn't told all that ought to be told. I told him Abbott did not sign all those coupons at once as he testified I saw him sign three in my Ssseuce. Carroll said, 'Forget it. ere will be lots of evidence.' I met Barnes and Lumley in Chicago one day, about the 13th or 14th of November, 1924. Met them at the ItcHENBVS HOME OF AMUSEMENT "WE CANT PleATf THEM ALL SO WE PLAY THE BEST" Thursday-Friday fjpt. 17-18 The Great American Novel "BABBIT" Sinclair Lewis Author of "MAIN STREET" flayed by a Cast of Screen Notables • AND PATHE COMEDY 4 SATURDAY-SUNDAY With Special Sunday • Matinee 2:30 BIG TIME VAUDEVILLE AMD FEATURE PICTURES AND COMEDY " . !* • ' « " Saturday Sept t§ - it Is the Law" fife A Fox Special and A Real Picture With VAUDEVILLE AND COMEDY ^ - Sunday Sept. 2# GLORIA SWANSOM "Manhandled" phe Most Talked of Gloria Swanson Picture With VAUDEVILLE AMD COMEDY Special Matinee 2:30 Monday-Tueaday-We«h%Mday Sept. 21-22-23 *Hie Ten *A . theJgzz^ oftmcieni She jazz or/ Omerica ^ todc<, station. Barnes told Lumley to go and get his shoes shined and he would talk to me. I asked him if Lumley wasn't going to do anything about my indictment before he went out of office. 'Don't think too hard of Vint, he cant do anything now. We will get at it before he goes out. Right now he can't do anything.' " Then followed many questions as to Abbott's signature on the notes, and cross-examination conducted by Judge Barnes began. Several exhibits for identification were introduced and the witness pMed with questions regarding same. Holly was asked why, after ho knew the indictments against him had been stricken off the docket, he did not notify his attorney, Judge Barnes. <"The only reason was because I knew you would have Lumley put them back on," replied Holly. " Barnes asked Holly if he really thought that his own attorney would do a thing like that, even if he could. Joe thought the question over for some time and replied that it looked strange to him if Barnes had control of the state's attorney's office, as he had told him, that he had not been able to get the indictments quashed. Holly swore that he called up Barnes and again asked if Lumley! meets wasn't going to do anything before docket. Some one appeared with a he goes out. He said Judge Barnes I motion to quash the indictments. I ------ had a further talk with Barnes and said to him that as I understood that replied: "I'm playing golf with Pause and I think we can handle him when the time comes." somewhere and had soma now Indictments drawn.' "He said Mr. Lumley waa not going to be state's attorney again and is making the wlndup of his state's attohiey's career the Hoy prosecution. He said, 'We can't sit down and let Vint lose out on the prosecution. It would ruin him if he didn't convict the Hoys.' " The witness was asked if he struck off the indictments against Joseph C. Holly. The judge replied that he did. "I had two or three talks with Mr. Barnes about the matter. He spoke to me about the Hoy indictments a considerable length of time before they were stricken off. This was late in 1924, I would say in September or October. I said to Mr. Barnes at that time there had been a move tc have Mr. Holly tried. Mr. Pouse had come to me and said therei was a petition in McHenry to have Mr. Holly tried. I said they needed no petition. If they wanted him tried he would be. Later I talked with Mr. Pries I called Pries' attention to the talk of a petition in McHenry to have Holly tried. I said to Mr. Barnes if Lumley did not nolle prosse the indict- I would strike them off the Mr. Holly was a witness before the How did you find out that your! grand jury and testified to matters "1 upon which he was indicted, I said I didn't think, under those circumstances, they could try him anyway." More Objections Offered Joslyn here objected to thfi witness testifying as to Mr. Lumley. Attorney Maynard appealed to the court and wanted to know who is the indictments were stricken off ?" asked Barnes. I'd rather not answer that," said Holly. The question was not pushed. "You havf been procuring evidence to be used at this trial, have you not?" The answer was in the affirmative, Holly was asked if he had not made defense counsel, as Judge Barnes, one trips to Marengo and met with Judge !0f the defendants, and Joslyn both Shurtleff and R. K. Welsh. Objections! wert speaking alternately. Judge were offered, but the witness admit-j Reynolds ruled that the same counsel ted that he had. I that conducts the examination should Mrs. Holly Testifies ' jalso make the objections, and not al- Mrs. Ethel Holly, wife of Jos C. j ternate. . t Holly, was the second witness called! Judge Barnes asked the witness to by the state. Mrs. Hoily said she had j give the date, as near as he could visited the offices of Judge Barnes j remember, when he had any conver with her husband. Her testimony was sation with Mr. Lumley regarding practically the same as that given by her husband. She corroborated Mr. Holly in his statement that Judge Barnes told them the people of Mc these cases and he answered that he had had none. Then defense moved that the testimony of witness regarding Mr. Lum- Henry county would be amazed if j ley be stricken from the records they knew he could sit in his office j Ju^ge Reynolds denied the motion at and control the prosecution of these the present time. cases. She said Barnes told her he| The witness stated that the conwas going to keep Joe out of the j versation he testified to, on direct penitentiary and make a big reputa-1 examination, with Barnes occurred tion by keeping him out. Mrs. Holly appeared to be quite at ease on the stand and answered the questions deliberately and clearly. Attorney Bennett Called Attorney F. B. Bennett of Woodstock was the last witness Friday and his cross-examination was completed just at the time for court to adjourn at 5 o'clock. Mr. Bennett stated that he knew T. A. Abbott, Fremont Hoy and Clarence Hoy. He was questioned regarding conversations had with these parties and also as to the finding of the chancery suit, the papers for which were dictated by him. During the examination of Bennett, Mr. Joslyn was offering many objections, THETEH MINDMQnS greatest Qaramount Qicture Friday NGHEABT Dot The McHenry county circuit court convened again Wednesday morning, at which time the Barnes-Lumley case was resumed. No court was held on Saturday, Monday or Tuesday, during the two latter days on account of the death oi the motherin- law of Mr. Lumley, one of the defendants. The first proceedings at the opening of court was the reading of a letter to the Jury written by Charles P. Barnes to Joseph C. Holly, in which the writer expressed surprise that the indictments against Hoily had been stricken off, and that Holly had not Informed him. The letter stated that Barnes had pleaded with Lumley, who was then state's attorney, to iiolle prosse the indictments, but there boing so much criticism he did not dare to do it for fear of laying himself open to further criticism. Barnes stated he made the request several times. Judge Shurtleff Called After the reading of the letter Judge Reynolds ordered that the first witness of the day be called. "Judge E. D. Shurtleff," announced Attorney Maynard. Word was sent to Judge Shurtleff and as he slowly walked into the court room all necks were craned to get a glimpse of the judge, although his figure is familiar to them all. Judge Shurtleff followed the same path down the aisle of the court that he has traveled hundreds of times, but on this day he halted in front of the clerk and raised his right hand to take the same oath which he also has numberless times administered to witnesses in his own court. Instead of turning to the left to ascend the bench, today he took an opposite course and seated himself in the witness chair. After stating his name and official position. Judge Shurtleff was asked if he had a talk with Charles P. Barnes, defendant in this case, in the year 1923, regarding the indictments against Fremont and Clarence Hoy, to which he replied in the affirmative, stating it was some time in the month of November. An objection was offered by Attorney Joslyn. The witness said that Barnes told him that Lumley brought the indictments to him (Barnes) to look them six, eight or ten months before the indictments were stricken off. "I told you," answering Judge Barnes, "in the fall of 1924 that if Lumley, didn't nolle prosse, that 1 would strike off the Holly Indictments. You told me you had been trying to get Lumley to nolle prosse the indctments. As L recall it, it was after the Hoy trial I struck them offcourt, followed Judge Shurtleff and identified some of the records where a motion was made end granted to quash the Holly indictments, owing to the fact that Hollly was used as a witness before the grand jury. Asked as to who the next witness was to be, Attorney Maynatd announced: , • • "Fremont Hoy." - The aged former McHenry county banker was brought i.o the court room from the county jail, where he has been confined since being removed here from Joliet penitentiary. The witness walked steadily to the rail where he took the witness oath, going to the witness chair. Answering the special assistant state's attorney, Mr. Hoy gave his age as 69. Asked where he was now residing, the old man hesitatingly answered, "Joliet penitentiary." Direct examination of Mr. Hoy was still In progress at 11:16, the time when The McHenry Plaindealer reporter left the court room ^Wednesday. *- LOCAL NEWS ITEM8 Warning is given to tourist to drive slowly past the grade school on Waukegan street as there is a large hole on the road in front of the W. D. Wentworth home a little west of the school building. There is no lantern to mark the place and it may prove dangerous to those who are ignorant of its existance. Donald Givens recently bought the Heimer building on the corner of Elm and Front streets. He has as yet no definate plans for the use of the place. Mrs. Frank Hitchens of Ringwood will entertain the members of the Social Wheel on Thursday, September 24. J. Thies reports thathe caught a four-pound eel m Bordans Lake last week. The fish was over two feet in length. The members of the Sigma Beta Garna club of Chicago enjoyed their first outing in McHenry last week, when they visited in the home of Mr. and Mrs. H. Rjtter. Those entertainend in the Ritter home were Misses Gertrude Wischoffer, Edna Beyer, EdnaScior, Josephine Sauer, Meta Budach, Bella Lerner, Vera Derks, Pearl Brunswick, Dorothy Tonn, and Elsie Deffner. The Jolly Bridge club will meet at the home of Albert Purvey on Friday, September 25. HENKY tTVEL Henry J. Nix, brt&Mer of Rev. Charles Nix of this city, passed away at the latter's home Saturday, September 12. Funeral services were held at St. Mary's church Tuesday. Solemn Requiem Mass was celebrated by Rev. Father Nix assisted by Rev. P. G. Termer of Halnrvet, N. C., as Deacon and Rev. J. Broeky of Wilmot, Wis., as Sub-deacon, Rev. H. J. Hausser of Elgin being Master of ceremonies, Reverend Fathers George Schark of Volo, F. Bremmel of Hampshire, and R. FSreund of McHenry were ialso present. The last absolution was gjven by Rev. W. Dommerwirth of Sublette, 111. Burial took place in St. Mary's cemetery of Chicago. The deceased was born in Kansas, September 17, 1883. Most of his life was passed in Chicago, but two months ago, because of poor health he came to McHenry to live with his brother, Rev. Father Nix. A very large number were present at the funeral to pay their last respects to one who had always been eager to help others, who had born his own illness uncomplainingly, and who had been a true friend to all he knew. McHENRY COUNTRY CLUB The flight fo»~the golf championship has been played off. E. M. Galitz defeated N. F. Steilen 5 up and 4 to go. C. N. Owen won over Louise Smith 1 up. D. I. Granger defeated H. H. King 7 and 6. W. E. Galitz won from John A. Busslee by default. N. H. Petesch wonl up in a match with E. E. Bassett. Joe McOmbre was victorious over Roy Page 6 and 4. A. J. Rasmtussen defeated Ed Smith by default. J. N. Saylor and L. A. Erickson will play some time this week. It is hoped that more of the ladies will hand in their scores so that enough can be obtained to play in the "Husband and wife" tournament and in the "Lady championship" game. The Willys Knight and Overland dealers of Chicago, headed by Walter F. Margrof of that city held their annual tournament at the country club Tuesday afternoon. Mr. Margof is the past president of the Fox River Valley Improvement association. Speaking for the other members of the party, he said, they wish to compliment McHenry on having the prettiest golf course in this vicinity. Vern Orr, president of the Overland Motor Company also wishes to thank the McHenry country club and, in particular, Mr. Harry Morris, golf professional, for the courteous treatment received at the place. The rain last week has put the course in wonderful condition and more visitors _than usual are enjoying its beauties. • • O. 15. 8. MEETIN© McHenry Chapter, no. 547, 0. E. S. held an official meeting Monday evening. Two petitions were ^allotted upon and one received. The following invitations were read: grand chapter, Medina Temple, Chicago Oct. 5- 9, Woodstock Chapter, official visit of W. G. M. September 21 at 1:30 p. m. Banquet at 12 noon. Notify secretary for reservations. McHenry Chapter will observe visiting W. M. and W. P. night, September 28. Two candidates will be initiated and Ricihmond chapter is invited. Evening Frolic The Fox River Valley Camp, No. 3251, R. N. A., will enjoy a social evening Friday, Sept. 25, in, M. W. A. hall at 7:30 o'clock. Picnic lunch will be served, each member to bring sandwiches and one dish to pass. Come out with your husbands and families and enjoy a pleasant evening. Hobart Ksrls, Aged ®0, resident of Johnsburg, dropped dead of heart disease at Pistakee Bay Tuesday afternoon. He had gone to work as usual Tuesday morning for Mr. Edward Banks of Pistakee, showing no signs of illness. He was burning brush, when the fire goit such a start that it was necessary to toy to extinguish it and was thus employed when he fell forward and lay motionless on the ground A local physician was summoned and pronounced him dead. The coroner's inquest was held at Justen's undertaking parlors in this city and the jury returned a verdict of death by heart disease. Funeral services will be held Saturday at 9:30 a- m. in St. John's church, Johnsburg. Burial will be in St. John's cemetery. Mr. Karls was born in Germany June 12, 1885, but moved to America at an early age. He is survived by two children, Nat and Joseph, his wife having died three years Ago. WANTS)--Clean Cotton rags, without buttons. lOcents per lb. Plaindealer. tf WANTED te MBNT--Furnished room, conveniently located to Centerville business district. Inquire at Plaindealer. _ 15-tf JOHNSBURG Simon Simon of East Calumet, 111., spent the week-end at the pine cottage with Amos Simon and family. Tom Mueller and family of St. Louis spent a few days this week at the Pine Cottage of Mrs. Rose Mueller. FURNITURE FOR SALE--I still have a few articles to dispose of in furniture, as follows: One Round Oak stove, one leather couch, two rocking chairs. These can be purchased very reasonable. Call any day or evening CHARLES PICH. 15 FOR SALE or RENT--Modern )Iew Bungalow. Phone McHenry 107-W. 15-2t WANTED-- A Itaarried couple-Lady to do house work for widower with boy 3% years old; man for farm. work. Phone McHenry 655-R-l. 15-4t WANTED--Dependable girl or woman, for general housework. Apply Northwestern Hotel, West McHenry, III. 15* CNrnsr «Ptt ^M% suie by my hqms - opposite Riverside Stagey Warrington. FOR SALE~£yti« OsUT^ boat Motor in gaod eendftfoa at bargain. Inquire Plaindealer. 1 FOR SALE--J. W. Park's "Bted Lay" Barred Rock pullets. Ii of Clarence Martin. Phone 84-W, Henry. CTC. VMOLLEY BUYS E. J. THOMAS FABlfc C. W. Stenger, local banker andr realtor, reports the sale of the Thomas farm, about three miles of this city, on the Woodstock to C. C. O'Molley <*f Chicago, farm consisting of 105 acres. sale was made by Mr. Stenger day. This place was formerly Qwm by Grant Randall. ' - TYPEWRITERS FOR RENT--$2.00 per month. W. F. Conway, Woodstodc, 111, 15-3 FOR SALE--Canaries. Phone 89-W. McHenry * • 15 FOUND--On Riverside Thrive last Sunday night four keys in a case. FATHEK McIVOY AS RIVES SAFELY IN ITAL McHenry relatives have receivi notice that Rev. Father McEvoy, left McHenry September 2 for a to Rome and Vienna, has arri safely in Naples, Italy. He will pi ably remain in that place for two three days when he will continue journey to Rome where, it is « ed, he will spent at least ten days. !iP9PPPPPiPi $ V-'v; j; ... ' j It Is Just Good • SA ;.k,.. l.'UStarting a Savings Account and adding to it regularly until yon build up a balance that will carry yon over a} rainy day when yonr earnings may cease, is only good business sGnse. We have plenty of facts and figures to prove our point, and we will be glad to go into this subject with you in detail at yonr convenient** ; \ "The Bank^That Service Built" Fall millinery opening, Saturday, Sept 19. Blake Sisters, West. McHenry. is over. Obfect T« Testimony ADDITIONAL PERSONALS Mrs. M. Englen is visiting with relatives in Michigan. , . Ross Wheeler left for Chicago Mon- Motion by defense to strike thistly where he will spend several days «« Judge Reynolda overruled it. Mrs. D. C. Kelley is spending a Barnes said Mr. Lumley did not 1 days with relatives in Chicago, have among the whole bunch a good 1 Mr- w*d Mrs. Charles Brown of Chiindlctment, or hardly a good indict 8Pe»t Sunday with Miss Blanche ment among the whole number. I Meyers. don't remember whether he said ev ery one was bad or nearly every one Barnes said to Lumley, 'You ought to take these Indictments to somebody and have good indictments drawn.' Mr. Bqrnes said 'I told Lumley he ought to take them to Charles Deneen or some of his assistants ana have some good indictments drawn. He said he would take them and went Mrs. Ed KeVter has returned to her home after spending % week at Lake Defiance. Mrs. C. W. Stenger and a party o* Chicago friends are visiting in Green- Bay, Wis., and iron Mountain, Mich. Mr. and Mrs. A. E. Nye and Mr. Sten ger will leave for Michigan Saturday for a several days' vacation, at the end of which time Mrs. Stenger will accompany them home to McHenry First ANNIVERSARY Dance A Dance yon will Remember , Percy Rowefr and "his seven-Piece Orchestra Saturday Sept 19 Confetti and Novelties of Every .Description. Souvenieri to Ail Fox Rivet Winter Gardens Highway 50 %0Fox Iiiver fridge Wisconsin's Ideal Ball Room Floor ^ ADMISSION " < ijGenfe $1 plus tax Ladies Free Dancing Kv day, Saturday day nights Phone Bttral patrons can have their purchases delivered by the mail carrier by placing their orders over the tele p h o n e . ^ : . w' V * * livered the same day to all persons residing on rural routes out of McHenry, J^Lake use of this service by calling 40. CHIMNEY CORNER CHOCOLATES "Wonderful Candy in a Plain Box" 70c lb* ' * i " - McHenry Illinois