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'wt* rftocfeaMMos OF m IN BA&NES-LUMLET TRIAL (Continued from front p«|l) : The witness vu shown a paper and asked if It was an exact copy of the figures referred to on a yellow sheet of paper. An objection by the V "State was sustained. Attorney Joslyn then took the paper and tore off a portion of it, again handing it to the witness, who was asked to state if it now showed the figures on a yellow sheet of paper that was testified to by the Wilsons as being the price paid for the Mark3 notes and nothing else, to which he answered yes. It was ; ead to * the Jory, the amount being $19,428.32. Barnes was asked about his first ^meeting with Joe Holly with refer- ' «ace to Holly's indictments. He Stated Holly came to his office and wanted to know if Barnes would defend him. Barnes stated he advised Holly to go and get a good criminal lawyer, that on account of his Zlon City work he did not believe he had - time to represent him. Witness was asked if he had a talk with Spitser about Hoy employing him and he answered yes, that Spitser said he had been talking with ' Hoy and recommended him and asked Barnes if he would be willing to meet with Hoy. Told Spitser he would and later did have a talk with v Hoy, by appointment, at his home, r; "Did you go to Fremont Hoy's house in Woodstock?" "1 did." Didn't Take Hoy Riding "Did you take Hoy out riding that night?" "I did not. I went to his bouse and we talked the matter over. A*emont was never in my car and I ' Jfcever rode with him that night." "Did you ever drive with him any Other night?" "I might but I can't ttmember of it" Going back to Holly, the witness •tated Joe came back to film and that - he did take his case. Holly gave him §100 and he went to work. Barnes stated that Holly said to \Mm after the trial of the criminal ease that Abbott had been'all balled , ap on his testimony. Said Abbott swore that he endorsed all those Marks notes in the .office of Mullen 4k Hoy way back in 1913. Holly said Abbott was mistaken, stated the witness, that he came to the bank in Mc- , Henry and took off interest coupons and put his name on the back and that he (Holly) personally saw him do it. ifev J. W. WORTH PUBLIC ACCOUNTANT Audits Systems Income anfl' Inheritance Tax Matters Member of Public Accountants Association of Illinois' Phone 206-J McHenry, 111. #1 McHENRY*3 HOlfi OP AMUSEMENT "WE CANT PLAY THEM ALL SO WE PLAY THE BEST" ifBmrsday-Friday Slept 24-25 "STRONGHEART" The wonder dog in "White Fang" From the Novel by the same name by JACK LONDON AND PATHE COMEDY SATURDAY-SUNDAY With Special Sunday Matinee 2:30 BIG TIME VAUDEVILLE AND FEATURE PICTURES AND COMEDY r Saturday Sept. 26 THOMAS MEIGHAN ;*» 99 < By JAMES OLIVER CURWOOD A--Western of Punch--Action and Mystery VAUDEVILLE ANEW. COMEDY ^ Sunday Sept. 27* VIOLA DANA "The Beauty Prize" , . , . with V - VAUDEVILLE AMD COMEDY Tnesday-Wedaaaday Sept. »-M Wtv- Starring ' ^MADGE BELLAMY * With a east of favorites AND COMEDY Thursday-Friday Oct, 1-2 The Marriage Circle Holly then made a statement, stated the witness, in which for the first time he ever mentioned to Barnes of having seen Abbott sign interest coupons. Asked about talks with Holly about what he hoped to do about his indictments. Barnes said he told Holly several times that he hoped to get by without having to go to trial. That Holly asked him if he (Holly) testified whether he would get Immunity. Barnes said he told Holly that Lumley had never promised that he should ha^e immunity, but that he hoped to get the indictments dismissed without going to trial. Attorney Joslyn finished hla direct examination with Judge Barnes about 11:30 and Attorney Maynard immediately started cross examination of the. witness. Continuing with Judge Barnes' direct testimony, a report of which, (luring Wednesday forenoon, was pub. lished Wednesday, at which time the witness was telling about Joseph C. Holly's talks with him. Barnes' Direct Testimony Barnes was asked if he had a talk with Lumley as to what Holly would testify to and he said he did. In answer to what it was he stated in substance as follows "I asked Lumley if In the end he was not going to give Iiolly immunity. He said Holly had not come clean before the grand jury with reference to the Abbott-Hoy-Wilson matter involving these notes. That he did not feel friendly toward Holly and did not feel that Holly ought to have immunity. 1 The witness said he told Holly, "Vint is sore as the devil and he wants now to know if you know anything with reference to the making of this contract of Aug. 1920." "That Holly said he was not present and did not know anything about it Barnes said he asked Holly if he had any talk with Clarence after he came home from the selling of the^ paper to Wilson and got a reply from Holly that he did. Said Holly was asked to make a statement as to what Fremont and Clarence said to him. Witness stated that Holly said that after Fremont had closed the deal he said to him, "Joe, I've made a hell of a good deal. I've got the trust deed and I've given my contract to pay the Interest." That when Clarsnce returned from Wilson's the day he closed up the deal, he came to the bank in McHenry and,»said, "I've got the deal closed up, but I had to do a good deal of jockeying. There would have been no chance to close the deal if I had done any smoking. Wilson don't like smoking." Barnes said he told Lumley what Holly had related to him. Letters from Holly co Barnes were introduced in evidence and read, one of which mentioned that a friend of Holly's told him a paper had been filed in the Masonic lodge to have him suspended and if he fought it, it meant a Masonic trial. That he understood some time ago that Bennett was working through the Woodstock chapter to have the McHenry lodge | get busy and put him out. Barnes was asked' if he had any talk with Holly in which he said Lumley had no brain*. He replied. "I never made any such remark to Mr. Holly." Talked With Shnrtleff He was asked if he had any talk with Judge ffourtleff about the Holly indictmetns and he stated that he bad. Said he went to Judge Shurtleff some time after the Hoy trial and J.aid to him in substance that Joe Holly ha;l made good with Vinnie Hacon for the $1,000 liberty bond he was charged with stealing and that liolly had not profited one penny out of any of the deals he was mixed up in with the Hoys and that he (Barnes) had tried to get Lumley to nolle piosse the indictments. Stated that Shurtleff said that if Lumley did not nolle prosse the Holly indictments he would strike them from the docket. Barnes said he could not recall the whole conversation but he thought Judge Shurtleff did n^ention about having a talk with some one at McHenry thai they did not care to press the Holly indictments, but that he would strike (hem off. Asked as to when he first learned they had been stricken off, the witness said, about the first of December, when Lumley went out and Pouse went in. Asked about a talk he had with Lumley just before his term expired, about dropping the Holly indictments, Barnes stated he went to Lumley's office and said: "Vint, you'll be out and Pouse in, Now, don't you feel yoi can nolle prosse the Holly Indictments. He said 'No, I can't do it.' 1 said to Lumley, 'I don't know if I can blame you, but I thought, in view of the fact that Holly stood by yoii In the Hoy trial, you could nolle prosse the indictments.' He said, 'No, I can't do it.' " Holly Told Barnes Barnes related how he first heard that the Holly indictments had been taken off. He told of hearing 11 from Holly himself, when Holly 3aid, "C P., you're way behind <he times. My indictments were taken off the docket last October." Barnes said he replied, "Joe, if that is true, why in heaven'3 name didn't you let me know. I have been pleading with Lumley to nolle prosse the indictments," to which Holly replied, "I didnt think it was necessary." The witness was asked if Holly'^ testimony was true when he said that one time in Barnes office he attempted to tell something about Abbott's-: signature and if Barnes said to him, "Forget it." "I can't recall any conversation with Holly when I told him to forget anything. 1 dont think any such conversation occurred," auswered Judge Barnes. WttnesB was also asked it at to state whether he drew it or not. Dont Remember Instruction I have no recollection as (o that instruction and I can't say because I have no recollection of it. Never saw it before that I know of. I dont think I ever saw it until this minute," was the answer. After a few more questions the witness was turned over to the state tor cross-examination by Mr. Maynard. Several letters from ..Barnes to the Wilsons were Introduced in evidence and the witness was questioned at some length regarding the fees charged the Wilsons by Barnes and Burdick. Barnes claimed that when the time came for settlement that Burdick set the fees, which were $2,000 for the judge and $800 for Burdick. Conference With Hoys The witness was then queried about the conference he had with the Hoys and if he. when he testified in the Hoy trial, had told all the conversation he had with the Hoys at rhat conference," Barnes replied that he did not tell all. Asked why, he answered tha* he was not asked. Joslyn objects to Attorney Maynard saying "Oh!" after the witness has answered and the court sustained the objection. Maynard aBked Barnes it he understood the oath he took, to tell the truth, the whole truth and nothing but the truth. He replied, "I think I understood the oath and I understand it now." "What did you maan when you wrote Joe Holly, 'Don't spill the beans?' " "Don't Spill the Beans" Judge Barnes explained that that was in reference to the connection with the Masonic lodge, where Holly had said they were going to prefer charges against him, and when asked what he meant when he wrote Holly, "Don't talk," he meant that Holly should not talk to anyone about his case. Maynard asked Barnes if he ever told Pierce that he was certain the Hoys never could be convicted. "I said to Pierce, in substance, that as far as I had Investigated I didn't see where there was a confidence game committed." "And don't you %now that if you had told the truth they never could have convicted them?" asked Maynard. "I didn't know and don't now," replied Judge Barnes. Asked if it isnt a fact that he and Lumley had an understanding that Lumley was to nolle prosse the Holly indictments, but that this criticism came on and he did not dare to do it, Barnes replied "Absolutely not." $2,000 Was Reasonable Judge Barnes stated that he considered that the $2,000 fee that he received was a reasonable fee. The cross-examination ended about 2:30 o'clock in the afternoon and the defense called John R. Knox as the next witness. Mr. Knox was called back from Washington, D. C., by the defense, he being on a motor trip. This action was taken earlier in the week when Joseph Holly denied the conversations he was alleged to have had with Knox; Knox Contradicts Holly Mr. Knox swore that the conversations Holly denied did take place and related them, one statement being that Holly said he fixed things up with Shurtleff on condition that Holly could get something on Barnes and Lumley. Knox swore also that Holly told him he was fighting with his back to the wall and that he was not going to be particular what he said. On cross-examination Knox admitted he was a member of the grand jury that indicted Barnes and Lumley and when asked if he questioned Holly about these, he replied that he put, questions leading up to it, but the state's attorney stopped him. Asked how Barnes and Lumley knew about it, Knox said he told them after they were indicted. Hugh A. Burdick, Lake Geneva attorney, followed Knox on the stand. Burdick was one of Wilson's attorneys in the chancery matter along with Judge Barnes. Mr. Burdick's testimony consisted mostly of going into the fees he and Barnes charged the Wilsons. He was cross-examined by Maynard at some length. Character Witnesses Called After this the defense began calling in their character witnesses, the first being H. D. Crumb, Harvard banker. He was followed by G. E. Still, county clerk; Charles Kruse; hardware man of Richmond; George Burger, coal dealer of Woodstock; E. D. Patrick, Marengo banker; Carl W. Stenger, banker of McHenry; Charles W. Harrison of Ringwood; Fred A Walters, supervisor of Dorr township; B. C. Getzelman, Algonquin banker; Frank J. Green, mayor of Woodstock;- Charles B. Wblttemore, Marengo lawyer; J. H. Patterson of Marengo; E. H. Waite, Woodstock attorney; Roy Stewart, county treasurer; E. C. Jewett, banker of Woodstock; A. H. Henderson, Crystal Lake banker; John D. Donovan, banker, Woodstock; Lynn Richards Crystal Lake banker; Carlton Hunt, of Hebron; Silas Olmstead, former mayor of Woodstock; Thomas J. Walsh, former postmaster of McHenry, and John Collison, of Richmond. When court closed Wednesday evening the defense had not finished calling character witnesses and the state was expected to also call a number of character witnesses before the close of the taking of testimony. GUMS AND GOERS OF A WEEK IN OUR BUSY CITY AS SEEN BY PLAINDKALER REPORTERS AND HANDED IN BY OUR FRIENDS LOCAL NEWS ITEMS Boys lumberjacks and sweaters for school wear at Erickson's Dept. Store. The public grade school building I has been improved in several ways: any I new back entrance has been buildtime he told Joe Holly that "ha would] , anew toiler hag been installed, be better off the sooner the Hpysl ,imney bas been repaired. were convicted," to which he answered "I never did. He asked me what condition he would be in if they were convicted. I never told him that h<; would be better off If the Hoys were gotten into the penitentiary." Exhibit 21 was shown to the wit ness, which was an Instruction given In the Hoy trial, and he was asked Robert Taylor was a Sunday visitor in Chicago. William Welch was a caller in Woodstock Monday. Mr. John Wirtz and sons were Chicago visitors Sunday. Mrs. M. Givens and children passed Sunday at Rockford. ' Miss Pauline Pufal returned to De- Kalb Sunday afternoon. Mr. and Mrs. M. J. Freund were Johnsburg callers Sunday. Russel Turner and Nap Lezotte were Friday visitors in Chicago. Mrs. Elizabeth Snyder and Mrs. M. Steffes were Elgin visitors Friday. Mrs.M. Stanton of Long Lake was a McHenry visitor over the week-end. Miss Doris Bacon passed the" weekend as the guests of relatives in Kenosha. Hugh Martin has returned to McHenry after an extended visit in Dakota. Mr. and Mrs. Fred Ernest visited Mr. and Mrs. William Welch over the week-end. Miss Inez Bacon of Elgin spent the week-end in the home of her parents in this city. Mrs. A. Lamberg of Woodstock was a recent visitor in the home of Mrs. J. Perkins. Mrs. John Rauen visited with her sister, Mrs. Lewis Bishop, one day last week. Reverend Father Hackett of Fulton, 111., spent Sunday afternoon and Monday with McHenry friends. Stanley Gustaveson of Chicago was a guest in the home of McHenry friends over the week-end. Mr. and Mrs. E. Rossow and Mrs. Kroger and daughter, Anna, of Chicago spent Monday in McHenry. Mr. J. Schaefer spent Saturday afternoon at the home of Mr. and Mrs. Fred Schaefer at Waukegan. Mr. and Mrs. Joseph W. Rothermel and daughter, Audrey, spent a few days this week at Niagra Falls. Mr. and Mrs. Henry Alberg of Chicago were guests in the home of Mr, and Mrs. Math Steffes Sunday. Miss Eleanor Phalin of Dekalb spent the week-end in "the home of her parents, Mr. and Mrs. John Phalin. Mrs. Fitz Simmons and Mrs. Bolger and daughter, Mercedes, visited at the home of Mrs. Mary Carey Tuesday. Mrs. Mae Phillips, Mrs. Margaret Wallace, and A1 Stubbs, all of Chicago 3pent Thursday in the Roy Smith home Misses Genevieve Welch anpl Lillian Larkin were Thursday evening callers in the home of Mrs. M. Givens. Mr. and Mrs. John Freund and Mrs Anton Schneider attended the funeral of Henry J. Nix at Chicago recently Mr. and Mrs. Frank Tesch of Harvard passed Sunday as guests in the home of Mr. and Mrs. William Welch. Mrs. H. Smaltz and Mrs. Elizabeth Dane of Huntley were Sunday guests in the home of Mr. and Mrs. W. D. Wentworth. Mr. and Mrs. George Weiler of southern Indiana spent several days recently visiting the former's sister, Mrs. A. E. Nye. Mr. and Mrs. Will Harte and son, Cyril, and Mr. Martin Fole of Cleveland, /Ohijo, vMted MjcHet*ry relatives last week. Mr. and Mrs. A. S. Schaefer and son, George, of Crystal Lake were Sunday visitors in the home of Mr. and Mrs. J. Schaefer. Mrs. Emma Sutton, Mrs. William Austin, and Mrs. George Vogel of Richmond were visitors at the Royal Neighbors convention Tuesday. Mrs. Math Rauen and son, Alfins, of South Evanston motored to McHenry Saturday and spent the day in the home of Mrs. Anton Schneider. Mr. and Mrs. Lewis Bishop and daughter, Jeannette, spent Sunday with Mrs. Bishop's parents, Mr. and Mrs. John H. Freund, at Johnsburg. Mr. and Mrs. A. E. Nye and Mr. C. W. Stenger, who left McHenry Saturday for Green Bay, Wis., returned to this city Monday bringing with them Mrs. C. W.. Stenger who had been spending the week in Wisconsin. CLASSIFIED DEPARTMENT WANTED--Someone to do washing for family of two. No ironing. Call 206-R or 170. LOST--Five dollar bill at Methodist Church or Royal Neighbors Hall. Tuesday. Finder please call 630-J-2 16* FOR RENT--The George Rothermel home on Riverside Drive. Phone 52-W l<5-tf FOR SALE--About 400 White Leghorn yearling hens, 4 Jamesway Mammoth Mash Hoppers, 16 sections of trap nest, waterers, oat sprouters etc. Reason for selling is, I have not the time to take care of them. N. F. Steilen 16-tf Mr. and Mrs. CHI dere and Mr. and Mrs* holz of Chicago war* Sunday goes** in the home of Mr. and Mr*. Frail Kamholz. Mr. and Mitt. William Karia and daughter, Catherine, and son, Bffly Junior, and Mr, Alth, all of Chicago were guests at the home of Mr. and Mrs. Fred Karls over the week-end. Mr. Charles Pich. is building a double garage on the vacant lot near his home. He will fix up part of the same with modern conveniences and ft will be used for living rooms. Mr. and Mrs. John R. Knox will leave Monday for the east, where they, will spend at least three wades visiting places of interest. A dinner party was given by Marshall Pidgeon at the McHenry House Sunday. The guests were Bernice Burg, Helen Moriarity, Robert Kennedy, Charles Egan and Lucile Burg. SUN-DODGERS AT POLLY PRIM The Sun-Dodgers, Orchestra, under the management of Carl Weber, will play at the Polly Prim every Saturday night beginning next Saturday. Invented Pendulum Cl*ch Christian Huygen, the celebrated Dutch physicist and astronomer, who discovered the satellite of Saturn in 1605, and the ring of Saturn in 1600, is also the inventor of the peodutuai clock, which he perfected in 1086. HUHW* KARLS Hubert Karls, aged 60, resident of JjttflMfauig, died of heart disease at "••wee Bay, Tuesday afternoon, September 16. Funeral services were Wd September 19 at St John the Baptises church in Johnsburg. Interment In Sh John's semetery. Mr. Karls was born in the town of Schlat, Kries Pittsburg, Germany. At the age of fourteen, he came to America and soon afterwards to Johnsburg where he Hved up to the time of his death. On February 4, 1898, he was married to Katherine Schower, sister of Peter Schower of McHenry and this happy union was blessed with two children, Math and Joe. Deceased is survived by one sister, Mrs. Math B. Schaefer of Chicago, two brothers, John Karls of Spring Grove and Carl Karls of Johnsburg and a cousin, Fred Karls of McHenry. The many friends present at the funeral gave testimony of the sterling qualifies of this man, who during the many years he resided in Johnsburg had never known an enemy, but by the acts of kindness he had showered upon others had won the respect and admiration of all who met him. CARD OF THANKS We desire in this manner to express our gratitude to our many friends who so kindly assisted us in our time oi grief. MATH and JOE KARLS '.."4 v > -k .XT " Am I * - Y-* :*-i \ Looking into your future--what do you see? Times of adversity prepared for in advance? An old age of comfort and the financial ability to enjpy life in your declining years? It is toward this pleasant and safe future that the man who has saved, may look forward. It is such 9 simple and easy thing to start a Savings Account, and Jt means so jnuch,'you should start one today. "The Bank That Service Built" i Our LOST--Diamond ring. Anyone finding same, can leave at Plaindealer office and receive reward. 16 WANTED--Man or woman, big money taking orders, $20.00 per day easy. New invention, season just starting. Territory going fast. Write P. O. Box 4 Woodstock, 111. 16* FOR SALE--Property in West McHenry. Interested parties please call at the Bobb Studio, or wi^ite to Mrs. Ada R. Bobb, West McHenry, 111 16 FOR SALE OR RENT--Modern new 5 room bungalow and garage. For further information call McHenry 107-W 16 Misses Margaret Stenger, Angela Petesch, and Elizabeth Vogt ar© now attending the University of UUnois at Urbana. Notice is hereby given that the fire siren will be blown every Saturday at 12 o'clock (noon). This will be done to see that the whistle is kept in good condition so that it ean be used when necessary. WANTED--Clean Cotton rags, without buttons. lOcents per lb. Plaindealer. WANTED-- A married couple-Lady to do house work for widower with boy 3Vi years old; man for farm work Phone McHenry 655-R-l. I5_4t TYPEWRITERS FOR RENT--*2.00 per month. W. F. Conway, Woodstock, 111. 15-3 ^Boral patron* can have their purchases delivered by the mail carrier by placing Ui^ix orders over the telephone. V% _ Phone orders received by us before 8 a. m. will be mailed and delivered the same day to all persons residing on rural routes out of McHenry. Make use of this service by calling 40. / I -CHIMNEY CORNER CHOCOLATES "Wonderful Candy in a Plain Box" 70c lb Thomas* P< Bolger McHenrj^ "The McHenry Druggist" Illinois A*