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lOCEEDINGS OF THE WEEK IN BARNES LUMLfY TRIAL ill WOODSTOCK Continued from page seven ig ]B«yInning of Third Week ' After two .days of rest, Saturday And Sunday, the McHenry county circuit court again went into session to Continue with the taking of testimony jfo the Barnes-Lumley case. Samuel J. Wilson was ctill on the litand when court closed Friday afternoon, being under cross-examination by Judge Barnes. He was beins Questioned in regard to the fees charged him by Barnes at the* settlement of the matter. The old man had become somewhat •onfused in his statements, insisting that the fee was $4,000. Judge Barnes Introduced a letter from Mr. Wilson .tp him, acknowledging the receipt of .* draft, which he returned to Barnes J:After endorsing it, and which amount Was to be placed to Wilson's credit tin the notes of $1,000 each. Mr. Wilson had stated that Barnes had him fign notes for $3,000 and that he also took the interest coupon and collect- '.*td it, which he later admitted was a Mistake in his testimony. : : At the opening of court Mr. May- "Bard asked for leave to question Mr. ^Wilson regarding his tnlsstatement lftst Friday. He asked Wilson how he came to make such a statement. The defense Objected to the question and was sustained. Mr. Maynard continued to •Bk in regard to any suit being filed to collect the remainder due for attorney fees, but a defense objection •fas sustained. Attorneys In Arguaeat ' The opposing attorneys at this point in the case got into an argument and the jury was excused to allow the lawyers to argue the matter before the court outside of the hearing of the jurors. Before the question was disposed of it began to lpok as if the battle might be more titan verbal. Mr. Maynard made one statement which referred directly to Attorney Lumley and the local lawyer, who has had but very little to say at any time during the case, arose to his feet and said: "You would not dare to say that outside of this court." Mr. Lumley remained standing for some minutes awaiting developments, but nothing further was said by either Lumley or Maynard, except to the court. A question was put to Mr. Wilson regarding the yellow sheet of paper, which he stated contained figures of -Clarence Hoy at the time he bought Ihe Abbott papers from Fremont Hoy. which Wilson had stated he gave to Judge Barnes in his office. Attorney Joslyn at this point staged that this yellow sheet was in PouSe's Office. That he (Joslyn) came to the Court house to find the files and that the clerk informed him that Pouse had taken them away. Joslyn asked Pouse if he did not take the files. The Hate's attorney admitted he did but there was no yellow sheet with figures Jupon it among them. Yellow Sheet Mlssiag Judge Barnes then again took up the cross-examination of the aged witness, questioning him in regard to any conference he had had this mornlag with Attorney Maynard in regard to his correcting his testimony of Friday regarding the amount he was Charged by Barnes as attorney fees. Wilson said Maynard had not asked Mm to make the correction. ^Barnes asked Wilson if the total unount of the bill was not $3,054.45 and that he had a receipted bill, which he said he gave to Judge Shurtleff. Wilson said he had not seenAhe receipted bill since. Judge Barnes seemed to have considerable difficulty in making Wilson Understand the questions, both because of his deafness and evident lack of memory as to details. Getting unsatisfactory replies to a number of questions, Barnes finally said: "You don't remember these things I am talking about?" "Some of them I think you are drawing on your imagination," answered the old man. The witness was then questioned regarding the visits of Frank McDonnell to him, during which he had testified that McConnell had said Barnes had called him and wanted him to see Wilson about employing |jbarneB as attorney. * Mr. Maynard made numerous objections to many of Barnes' questions, some sustained and others not. May- £rd in one of his objections stated it he thought-- "You are entitled to think anything J*>u want to," answered Judge Barnes. Early on Monday the defense had asked for the privilege of placing Attorney F. B. Bennett back on the •land for further cross-examination. Which was granted and the local attorney followed Mr. Wilson in the witness chair. He was cross-examined by Joslyn regarding whether or not he was attorney for the Hoys about the time of the Wilson-Abbott case. He replied that he was not attorney tor them in any criminal case, but that he represented them up to the time that a motion was made for a change of venue. Asked if he was attorney for Hoy on some of his criminal cases, Mr. Bennett replied that there never was any agreement that, be should be Mr. Hoy's criminal coun •el- Asked if he prepared any briefs, he said he did not. Maynard offered an objection to Joslyn's cross-examination and Joslyn said to the court, after the ob jection had been sustained: "My understanding is that on cross examination you can assume facts that have not been proven and that do not even exist." • Judge 'Reynolds shook his head. "I can quote you cases to prove it," said Joslyn. / "You 11 have to do so, Mr. Joslyn," answered the Judge, j Mr. Bennett was still on the stand %grhen court adjourned for the noon Monday afternoon was rather a dull day in court for the fans in the Barnes-Lumley trial', (here being considerable reading of transcripts of evidence taken in the Hoy case. Attorney F. B. Bennett continued on the stand the fore part of the afternoon, being cross-examined by Attorney Joslyn of the dsfense counsel. Mr. Bennett was asked about whether or not he had written letters to Samuel J. Wilson and upon an affirmative reply, he was asked to produce copies of them. A recess was taken to give Bennett time to secure flies from his office. The copies of three letters were identified by him but not introduced and read to the jury at that time, because ihe de fense is not allowed. to do this until they start putting in heir own evidence. The witness was asked if Fremont Hoy did not dictate a letter to Ben nett's stenographer, asking Mr. Wilson to see the lawyer whose name appeared on the head of the letter. Attorney Maynard objected to .< the question and Joslyn toll the court that he was trying to show the in terest of the witness in tho case. Judge Reynolds allowed Mr. Bennett to answer, he stating he bad nc knowledge of such a letter. Bennett was asked if he was no', master-in-chancery 6f this court. He admitted that he was, but when he was asked what date he was appointed, the state offered an objection, which was overruled. His answer was February, 1925. Asked if he had not taken considerable interest in this case 3ince the indictments were returned, Mr. Bennett said he had not, no keen interest In reply to a question a.s to wnether or not he had gone to Chicago to see a handwriting expert, he replied that he had. Asked how this came about, he replied, "Judge Shurtlsff sent me." The question, "Have you been to Ringwood to see Mr. Abbott " brought forth an objection, but the court per mitted the witness to answer. Mr. Bennett saying that he had, but when he was asked by whose direction, the judge sustained an objection "Have you attended any meetings before or since >vthe voting of these indictments?" > Meeting at Judge Shurticffs "Yes, I attended a meeting at Judge Shurtleff's," was the answer. "Who was present.'" "Mr. Pouse, Judge Shurtleff, Judge K. K. Welsh, Mr .and Mrs. Jos. C. Holly and possibly a stenographer.' "Was the subject discussed the obtaining of indictments against Barnes and Lumley?" An objection to this was sustained by the court. "Was that before the indictments were voted?" "Yes." Mr. Bennett was asked if, at the conclusion of this meeting, he did fiot come to Judge Barnes and tell him about the meeting, he admitted something may have been said to Judge Barnes about the meeting. "How soon after the meeting did you have a conversation with Judge Barnes?" An objection by the state was sustained, as was aino one to tho question as to about how long after. "What time did that meeting break up?" This question was also objected to and sustained. Bennett was asked by Joslyn on which side of this case his interest had been, but the court sustained an objection, as was also done to the question as to how many meetings he had attended at which these in dictments were discussed.. "Why was Pouse present at that meeting?" but the court ruled the witness need not answer. "Was anything ever said al that meeting about an indictment being re turned?" "Absolutely not." "Did you have a conversation with Mr. Pouse about the meeting?" "I do not remember of nny." Mr. Bennett denied having any conversation with Mr. Barnes in which he was told that Pouse said "it would be a terrible thing if this was started and failed." Kenneth Hoy Called Kenneth Hoy, younger son of Fremont Hoy, who was Indicted at the same time as his father and brother, but never tried, was the next witness called. An objection was registered by the defense on the grounds tliat his name had not appeared on the list of witnesses. Judge Reynolds overruled the objection. Mr. Hoy's testimony was short and covered only points regarding his father's testimony, wherein he stated Kenneth had driven him home from McHenry one night and they 3topped at Maude Clark's, at which time Fremont gave Mrs. Clarke a paper, signed by her father, T. A. Abbott. Joslyn was constantly objecting to the special prosecutor's questions, and later gave Kenneth quite a severe cross-examination, especially regarding his conferences with Maynard and Pouse Just prior to his taking tha stand, and a visit he had made to his father in the Jail. The transcript of K Mrs. Maude Clarke's testimony in the Hoy case was then admitted and read to the Jury by State's Attorney Pouse. Clifford Wilson Testifies Clifford Wilson, son of Samuel Wilson, next took the *tand, and his direct testimony was mainly about his visits to Barnes' office with his father and the converBation.3 that took place. He was later cross-examined by Judge Barnes at considerable length. He was queried about the settlement of the Wilson-Abbott case, the amount of the attorney fees and the collection of the notes the Wilsons gave Barnes in settlement of the fees. "You were subpoenaed to testify before the grand jury were you not?" asked Barnes. "I don't know, we've been subpoenaed so many times that I can't remember," came ttt» answer. I Wilson was asked at some length about amounts in the settlement of the Abbott case b/ Judge Barnes and later Defendant Lumley cross-examined him in his own behalf. The transcript of the evidence of Laura A. H'ighes, formerly Laura Smith, emp'jyee of the McHenry bank, in t'_.e Hoy case was admitted and read to the jury. Defense Open* Case When court opened Tuesday morn' lng in the Barnes-Latmley case Special Prosecutor Maynard announced: "The State rests." Attorney Joslyn stated immediately that the name of Truman A. Abbott had been submitted to the defense by the state as a witness. Maynard answered that they had Jccided not to call Abbott The judge and attorneys then retired to the chambers to argue a motion which the defense desired to introduce. Upon their return to the court the defense called Mr. Abbott as their first witness. Mr. Abbott was questioned regarding whether he had discussed what his testimony was to be with either Barnes or Lumley in the other case and he replied he had cot. Maynard raised an objection when the defense asked: "Did you believe at the time you testify in the Hoy case that all that you testified to was true?"- ; Th^ state lawyer claimed it was leading and suggestive and also that the record in the criminal case shows both direct and cross examination. Judge Reynolds at first sustained the objection and Joslyn asked to submit authorities, whicho the judge asked to see. "I will let him answer, objection overruled," answered Judge Reynolds. "I did," replied Abbott. Mr. Abbott was asked if he had any talk with V. S. Lumley prior to the time he testified in the Hoy r.ase in regard to what he would testify to," to which he replied, "No." On cross-examination Maynard asked Abbott why he first testiQcd that he never Bigned any of the papers and later admitted he did sign them, the witness explained that after being shown his signatures he believed he must have signed them at the time they were first made out. "Do you now say and did you then say that you never saw this paper (referring to the contract) until you found it in your lock box at the McHenry bank?" V "I never knew I bad any such paper," he replied. "Do you say that you never signed that paper?" "I don't remember about that now." Abbott's replies to many, of Maynard's question were, "fc don't remember." Abbott Offers Now Fact He was handed different papers to read but complained aoout not being able to see with the glasses he had. Admitted he had other glasses, but did not have them with him. He then related how Fremont Hoy ad vised him to make over some of his property to his grandchildren and that he told Hoy he did not think it was necessary, but that he advised him to do it, and said ha would have the papers ready shortly. Asked if he read the paper over, Abbott replied that Hoy read the part he was interested in to him and then laid the paper down and he signed It. "Mr. Abbott, that's the first time you ever told that in a court of record, isn't it?" shouted Mr. Maynard.. "J don't remember of ever telling itr," was the reply. You didn't tell that !n the Hoy criminal case, did you? Didn't they ask you for three hours and you never told them one word about it?" Objection overruled. 1 "I don't remember." • ,/ Abbott was questiotHtl\ at- some length about whether Lumley talked to him in regard to what no would testify to in the Hoy case, but he stated that Lumley had not advised him what to say. "Didn't you tell me In Smlley's office," asked Maynard, "that you didn't Want to say anything that would hurt Lumley?" "I believe I said I didn't want to make him any trouble, but that I wanted to state the truth," was Abbott's reply. State's Attorney A. H. Pouse was next called to the stand by the de fense ang asked about seeing the pa pers Samuel Wilson said he left with Judge Shurtleff. Mr. Pouse said he did not remember seeing any papers there. On cross examination he was asked whether he knew that Samuel Wilson was going to say the amount Barnes charged" him was $4,000 before hp took the stand, to which, he replied "No." Lumley Is Called Vincent S. Lumley, one of the defendants, followed Mr. Pouse on the stand and he was questioned by his attorney, Charles T. All*n, his former law partner and also his assistant when for. Lumley was state's attorney, Lumley gave his age as 53 years, stated he had lived in Woodstock 37 years and all his life in the county, being born in 1867 on a fr.rm west of Ringwood. That he remained on the farm until he was 17 years old, when he went to college in Dixon, 111., where he graduated as a civil engineer, later going to the University of Michigan and graduating :n law, and was admitted to the bar at Ann Arbor in 1887 and in Illinois :n 1888. Stated he had been elected state's attorney of McHenry county three terms, first in 1900, again in 1916 and re-elected^ in 1920. Mr. Lumley was still on the stand when court adjourned at noon, Mr. Allen continuing with his direct ex* amination. Further proceedings of Tuesday Wednesday in the Barnes-Lumley case appear on page 1. SOLON MILLS ! jtot Weather Won Having something for s rainy day Is all right--unless it is the rheumatlssfc «-*SostonTranscrtpr. Sumner Parker spent Saturday with relatives in Chicago. Elmer Francisco and family of Woodstock were Sunday guests in the home of Gus Ehrke. Mrs. Lotus Overton transacted business in Woodstock last week on Friday. , Miss Maud Spaulding of Chicaggo spent the week-end with her aunt. Mrs. Fannie Johonnot. Mr. and Mrs. George Frey of Durfield were Sunday guests of Lee and Bud Hodge. Irving Overton and family of McHenry spent Sunday with the former's mother, Mrs. Fannie K. Overton. Mrs. Nick Justen is on the sick list. Miss Lucy Stevens of Chicago spent the week-end with her sister, Mrs. Gus Ehrke and family. Mrs. Bun Bell and daughters, Bernice and Evelyn, of English Prairie spent Saturday with the former's brother, Arthur Merrell and wife. A. A. Bennett of Fox Lake was a Sunday guest of John Pester and family. Mr. and Mrs. Russell Turner of McHenry were Saturday evening callers in the William Staines home. Alfred Parker of Chicago spent-the week-end at his home here. Mrs. Retta Sully and son, Fred, and Mr. and Mrs. Gus Martinson and son, Donald, of Rockford were Sunday guests of Clay Hardy and family. Mr. and Mrs. Pete Olson of Salem were recent guests in the Arthur Bell home. Mr. and Mrs. Will Cowen of Harvard spent Sunday with their mother, Mrs. Fannie K. Overton. Mrs. Linette Motley of Richmond spent Saturday and Sunday with Miss Bird Hodge. George Richardson and family were Sunday guests of their uncle, Joe Richardson at Richmond. Mr. and Mrs. Ross Triggs and two daughters and two friends of Libertyville'were Sunday callers on Mr. and Mrs. C. W. Cropley. Miss Emily Cole of Maywood spent the week-end at her home here. Mrs. Will Brennin was a caller in Woodstock last week on Friday. Willis Gardner and mother, Mrs Miltie Gardner and daughters, Eunice and Ruth motored to Round Lake on Sunday for a visit in the home of Mr. and Mrs. William Rawson. Miss Georgia Brennan spent the week-end at her home here from her school duties at Woodstock. Mrs. E. E. Croply was a Chicago caller one day last week. Mrs. Wilder BartJett of Woodstock spent last Thursday in the home of her parents, Mr. and Mrs. C. L. Osborn. Mrs. E. E. Cropley is a patient in the Woodstock hospital where she will submit to a very serious operation in the course of a few days. The social wheel met with Mrs. Willis Gardner on Wednesday of last week with a good attendance. The next meeting will be held at the home of Mrs. Charles Osborn on Wednesday afternoon September 30. Mrs. M. McGee called on Mrs. Nick Justen Friday afternoon. RIDGEFIELB SPECIAL ASSESSMENT NOTICE ' STATE OF ILLINOIS # COUNTY OF McHENBY, sfc : IN THE COUNTY COURT OF Mc- HENRY COUNTY, ILLINOIS. IN THE MATTER OF THE PETITION OF THE CITY OF MCHENRY FOR SPECIAL ASSESSMENT NO. 15, FOR PAVING PART OF ELGIN ROAD AND OTHER STREETS IN THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS. SPECIAL ASSESSMENT NO. 15 Gen. No. 2884 Notice is hereby given to all persons interested that the City Council of the City of McHenr ,% McHenry county Illinois, having ordered that a local improvement be made for the improvement of Elgin Road from the southern terminus of the present existing pavement on Elgin Road on the southerly line of Main Street extended to the southerly corporate limits of the City of McHenry, McHenry County Illinois, and those portions of JOHN STREET lying within the street lines of Elgin Road and not included in the roadway thereof, by adjusting all existing manholes covers, constructing vitrified tile pipe storm water drain, brick masonary manholes with cast iron covers, briek masonry combination manholes and catch basins with cast iron covers storm water inlet* with cast iron covers, grading and preparing the subgrade to receive th e hereinafter described pavement, grading and leveling the parkways, repairing existing culverts, constructing Portland cement concrete combined curb and gutter, and by paving those portions of the roadways of the above described streets with either a Portland cement concrete pavement designated as Type "A" or a Portland cement concrete pavement designated as type "B"; all in the said City of McHenry as provided for in and by an Ordinance passed by the City Council of the said City on Sept. 14, 1925, and approved by its Mayor on Sept, 14, The.... ladies all turned out' with vacuums " and dust cloths Thursday of last week for a regular cleanup at the church. Miss Etta Irish visited Wednesday of last week with Miss Lizzie Furney. Wesley Skinner was a caller at Crystal Lake last Wednesday evening, Mrs. George Peterson intejrtained Chicago visitors Wednesday of last week. Henry Willie made a business trip to Janesville Friday. Mr. and Mrs. Gus Persson attended the laying of the cornerstone at the Aged Vikings home at Gurnee. The Mesdames Duffield and Jacobs and Mr. Ed Cadwalleder were FJgin callers Sunday afternoon. Mr. and Mrs. J. B. Lynch entertained Mr. William Sheldon and his friend Mr. Arthur Parson of Chicago for Sunday dinner. Mr. and Mrs. Eagle Leverals aire rejoicing over a 10% pound son, El wood James. Mrs. Wilson and daughter, Mrs. Kopsol, of Woodstock were callers at the home of Mrs. Frank Wilkins Monday. Wesley Skinner spent Sunday with his mother in Chicago. Mrs. J. B. Lynch and son, Ray, and Crystal Conerty motored to Woodstock Sunday afternoon. The Ridgefield Sheep Feeding Co, received 32 cars of sheep from the west in transit for Union Stock Yards for feed and rest about 8000 sheep. VICTOR ShmJmJAMngMacJmm *10 Down LET US HELP Hot or cold, dry or wet, "no matter what the weather conditions--Gas service is the same. It responds instantly to the automatic lighter or the match and in always under the full control of the user. No other fuel is so flexible or so convenient. To make our 'Service near perfection as possible is the desire of this company aind its employees. "We want every customer to be « satisfied customer and tand ready at all times !•» assist you. if there is anything wrong with the service or your appliances, TELL US I bout Western United Gas and Electric Company C. E. Collin*. DIM. Mgr., Elgin. 111. 1925 entitled, "An Ordinance for pavipg a portion of Elgin Road and' other streets in the City of McHenry, McHenry County, Illinois", the ordinance for the same being now on file in the office of the City Clerk of said City of McHenry, and having applied to the County Court of McHenry County for an assessment of the cost of said improvement according to the benefits and assessments therefor having been made and returned to said court, which assessment is divided into ten (10) annual installments bearing interest at the rate of six (6) per cent per annum; the final hearing thereon will be held on the 5th day of Oct., A. D. 1925, at the hour of 10 o'clock A. M. or as soon thereafter as the business of the court will permit. All persons desiring may file objections in said court before said day and may appear at the hearing and make their defense. Dated at McHenry County, Illinois, this 16th day of Sept. A. D. 1925. T. J. WALSH Person appointed by the President of the Board of Local Improvements to spread said assessment.- , 16-2t : i» w2 Too Rough on Par&on A Massachusetts court docket veals that In 1656 "Henry Walton fined for saying that he would mj hear a dog bark as a sermon tfy Rtf> erend Cobbell. John Studly was flaedfW stealing his master's ox and silling H back to him. Robert Edwards draw n fine - for wearing excess appaist**? sleeve lace and gold buttoaa. Jfif C,: ,, The Poor Family Mmm After a man has a sizable family girls and boys half way through he Isn't much Interested In gold or oil wells, except in dozen lots. Elk knows that no single gold mine or oft well would do him mmfc gpod.-- •M City Stair. The Exception "I like married men best. Tbo oofr married man I can't stsad la-4a* band."--London Mali. TJ,/ Get your printing done at the Plait}* dealer shop. Great Bumnea* Center There are approximately 5.000,04). * letters mailed in New York city cvadfe f The Only Original Terry's Big Uncle Tom's Cabin WEST McHENRY i . . Night Performanc Only Tuesday, October 3 37th -- YEAR OF EVERLASTING SUCCESS -- 87th SEE THE SENSATIONAL STEAMBOAT RACE Thrilling Escape Across the Ice! Most Wonderful Transformation Scene THE BEST UNCLE TOM -- THE SWEETEST EVA 80 -- PEOPLE, WHITE AND COLORED -- 60 Terry's Prize Pack of Siberian Bloodhounds Genuine Cotton Gin and Press in Full Operation " Dixie Quartette-Troupe of New Orleans, Dancing Dandies rlantation Pastimes, Great South Before the War BAND CONCERTS DAILY, NOON AND NIGHTS GENERAL ADMISSION Children, Under Ten 25c Adults BOo Ol MontMy PaymmU $110 STANDARDIZED Herbert Hoover says: "Th® saving in national effort through standardization,* runs into millions of dollars." Victor's standardizaS^v tion on one model at on# price is a contribution tot that saving. Phone for FREE TRIAL THOMAS P. BOLGER "The McHenry Druggist*' McHenry, I1L Wanted--3 Working Men, who can drive Trucks, Steady Work all Summer-Good Wages-Apply at Show Grounds Ltadt tk* World in Motor Car Valtu The New SPECIAL SIX SEDAN 4-wheel brakes, full balloon tires and 5 wheels included at no extra cost All over the country they're look* ing at other cars in the field of this new Special Six Sedan--and then buying the Nash product. There's no secret to it--it's the appeal of quality.. • # George A. Stilling Garage Phom'28, McHenry, Illinois <2 o