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*28 YEAR TERM 8 GIVEN BY JURY ENDS DAM fiflSE ^•rJUROB RECEIVES STONE !*< THROUGH WINDOW § . # * - fa. " "Wis, the jury find the defendant, Charles Allen Dain, guilty of murder, manner and form as charged in the indictment and we fix his punishment " { -«*t imprisonment in the penitentiary 'VT ;' >for the term of twenty-eight years, 'uXf'f. and not less than fourteen, and we «£=» ^urt*ler from the evidence that the defendant is about fifteen years •old." • The above was the verdict, of the jury in the case of the "People" vs. Charles Allen Dain which ended in iisK; the circuit court last Friday night at f: 9:36 o'clock. O' . The jury deliberated from 4:15 p. m. 13V when they were given the case. On - ; i.r the very first ballot, it is reported, the •, jury voted for a guilty verdict. Then followed some fifteen ballots to determine the punishment. It is said ji^the difference of opinion ran from fourteen years to life with a strong mand for a thirty-five year sentence. Just what the verdict will mean in ^confinement over fourteen years for it the youth, who on September 26 slayw y^ 'ed his benefactor, Lester Groth, 34- ' i: year old Riley township farmer, re „4 4 mains up to the department of public ~~ welfare. The length of his sentence »will be determined by this department •••.' and the conduct of the prisoner will • have considerable bearing on -fcow long he remains in prison. Four Possible Verdicts * The jury had four forms of verdicts • . to consider. They could have found the defendant not guilty; found him " guilty and fixed his punishment at • death or life in prison or a certain number of years not less than fourteen. Following the reading of the verdict by Circuit Clerk Will T. Conn the court ordered the jui*y polled. After I * the poll the jury was then sworn as .'V~ to whether the verdict was then true and correct. Defense Attorney David >>r • R. Joslyn then entered a motion for a new trial. Judge William L. Pierce set January 2 as the date for argument on the motion. TTie boy in all probability will be paroled before the twenty-eight years are up so the welfare board can have jurisdiction over him for a time. When he gets out he will be no longer a boy but a man in early thirties. The state, defense and jury had a very difficult case. The state had to prosecute a boy at the tender age of McHKNBY, ILLINOIS, THURSDAY, DECEMBER 28, 1939 No. 32 ELLEN COLS BAKER FILES DAMAGE SUIT Ellen Cole Baker of Richmond filed salt Satudray against Edmund J. Stafford and Florence Wessell of Spring Grove asking damages in the amount of $5,000. She charges the defendants with damage to a dwelling house owned by her in Spring Grove. The complaint sets up that in 1939 she entered into a lease with the defendants for rental of the property at ten dollars per month for five years. She claims that during that period of time the defendants paid the rent and also made numerous improvements to the building such as installing electrical equipment, furnace, ibced up the lawn and garden and planted trees. In April, 1935 she claims the lease was extended. In 1939 she alleges the defendants vacated the property but before leaving tore out the equipment, damaged the walls, tore up the trees and in general did damage in which she was to be compensated to Hie amount of $5,000. GEORGE WEBER SUFFERS FATAL' HEAOTATTACK GBEAT NUMBER ATTEND LAST RITES The death of George H. Weber last Friday, December 22, one of the most widely known and dearly loved citizens of McHenry, saddened many relatives, neighbors and friends who were rejoicing in the spirit of Christmas. Mr. Weber was anticipating his thirty-ninth birthday on December 28. Always cheerful anct the "life of the party," he was ever considerate of others. When stricken with the fatal heart attack late Friday afternoon, he died about 5:30 p. m., Just after he tried to convince his wife and daughters that he was feeling much better when they had become alarmed at his sudden illness. He had suffered with heart trouble on various occasions previous to his passing. Born and liaised Here Mr. Weber was born and raised hi McHenry and spent most of his^life here. He was employed as a state highway patrolman. On April 25, 1922 he married the former Helen Freund. The deceased "as a member of St. Mary's church, the Knights of Columbus and the Married Men's Athletic association. Besides his beloved wife, two daughfifteen years old. On the other hand jters- Lucille and Betty Lou, survive, the defense had to overcome the ser- wa* preceded in death by two sons iousness of the crime and the fact i who died in infancy, and his fatheft there is a widow and children left to Hubert Weber, who died in February, suffer in the Groth family. Difficult For Jury The jury on the other hand had to deal out punishment in a-manner fitting to the defendant and the crime. The jury also had as members eight women who never had experience on a criminal case of any nature before. At no time during the case did At- Jtoroey Joslyn ask that his client be •found not guilty and freed. He pleaded with the jury to be fair on the punishment. Joslyn was appointed by the court to defend the youth. The state did not demand the death. .penalty although the jury had the der of Foresters and Knights of Col right to return a death verdict if they! ,1TT,bus attended the services in a so desired. On the other hand thejtody. Mr- Weber was interred in St. state asked that the defendant be j Mary's cemetery. "taken out of circulation and be placed i . Card of Thanks --sin an institution so as to prevent the! *n this manner we wish to Mfcfcnd 1935. Also left to mourn his passing are his mother, Mrs. Hubert Weber, four brothers. Martin, Peter, Henry and Joseph Weber, and four sisters, Barbara Weber, Mrs. Nick Weingart, Mrs. Fred Smith and Gertrude Weber. Another sister, Anne "Weber, died on January 17, 1919. Many Attend Fmeral A multitude of relatives and friends paid their last respects at the ftmeral Tuesday morning at ten, and filled St. Mary's church to capacity. The highway patrolmen, Catholic Orvtli * .. %$.'• VV<=* • w* ) mmM PAY PENSIONERS $20 AVERAGE TO HIT STATE $1.51 INCREASE OVER LAST YEAR - Springfield, 111., Dec. 28--Okl agefc" jpension payments in Illinois averaged lm ore than $20 per pensioner during ^December for the first time since the old age assistance program began in July, 1936. Average grants of state and federal | funds to 138,776 persons on the pen-iM; Sion rolls were $29.03 for this month, ' 1 the welfare department reported, f V This marked an increase of $1.51 from7 the average of a year ago. The number of pensioners also was? lit a new high. The total of 138,776 is> &61 more than in November, and. 14,388 more than in Decmeber a year ago. The state's old age assistance tolls, which continued to grow monthly dumg the year, are the largest in: the nation. * •' .v f John C. Weigel, acting superintendent of old age assistance, said a pen- . * * t v sion outlay of $2,779,040 this month.. T*. , brought total pension payments for" the year to $30,716,423. May Boost Pay meats These payments--based in Illinois ? Bpon need as determined by the penfion division--probably will be boosted further during the first part of 1940 under Gov. Henry Horner's plan ; for a special session of the legislature > to act on increasing the maximum grants from $30 to $40. Effective January 1, the federal ^ * government starts contributing to the *' . f ' States up to $20 per month per pensioner, if the state pays an equal * j ; Sum. The federal contribution pre- ^ \ Viously has been $15, which also is fe* the amount of state payment under ' ' > >" the present law. ^ >- Gov. Horner has asserted he favors ' amending the Illinois act to conform <% f . - Jfo the higher grant. .• % j " Although the federal social security yboard already has made a $4,491,069 ^ * * •** • allocation to Illinois for the first three 't •i months of next year, state officials \|4'| ^ laid a supplemental grant probably - ^rould be forthcoming as soon as the . , legislature act1*, so that the pension jboost in this state woald be retroac- ^ live to January % * d!W*€. In McHenry county during December 457 peopie received $9,931 in * ;1 . .. . age payments. ; ^ SIX LOCAL RESIDENTS MAY RECEIVE OLD-AGE SURVIVORS INSURANCE 7 : ^possibility of him committing another heartfelt thanks to everyone who so Hsimilar crime. j kl^HIv offered assistance and symThere is little chance that a new pathy during our recent bereavement. Atrial will be granted and in all proba- 2". .^bility the boy will be taken to the •state orison at Joliet some time after January 2 when disposition of the '•'•^motion for a new trial will be made by Judge Pierc<*. Juror Receives Card Elsie Pingry, a member of the jury, which convicted Dain, Tuesday morn» jng received in the mail a penny card with the words, "28 Years, Hope You :|Enjoy Xmas" printed on the back. represent the same number of rears the jury set as the punishment for Dain. Sheriff Lester Edinger received word from Charles Pingry, Nunda' We are most grateful to those who INTERESTING i NEARBY NEWS A Ughland Park motorist was ktyled instantly and a Waukegan companion suffered a broken neck Saturday night, December 16, when their car crashed into a utilities pole in Lake Forest and overturned. Robert Shepard, 37, of 860 Taylor ave., a sign painter in Highland Park, was the sent flowers, cards of sympathy and j man killed in the auto crash. Critmasses. Al«o, we especially wish tojically injured in the Alice Home hos- ^ ^ thank the highway patrolmen and the [ pital is Donald Bocox, 29, of 1606 Bel- ' an(j jejf jnjuries earlv is a stick-up," he thought It was all a joke until he turned around and found that his backbone was actually being tickled with the muzzle of a revolver. Mr. Mott's surprise was even greater than his judgment, for he immediately left the table and rushed out the back door. That the bandits were amateurs was an evident fact when they made a dash for the front dooi and hustled into their car, instead of shooting at the frightened tavernkeeper. ~ Waukegan Juui twenty-seven privately owned, non-profit radio stations 11 " V-- CARL RIETE&EL WEDS ARLETTE NEWMAN AT HOME CHRISTMAS EVB Miss Arlette Newman, daughter of Mr. and Mrs. Gerald Newman of McHenry and Mr. Carl Rietesel, son of Mr. and Mrs. Charles Rietesel. were married by candlelight at a lovely ceremony on Christmas eve, Decern- AROUND THE COURTHOUSE ° REPORT CASH LOSS The Soeial Security Board Field Offtce at Wkukegan. Illinois, has notified six McHenry, Illinois residents" that they may be eligible to receive monthly payments under the Old-Age ' ; f, and Survivors Insurance program of 4he Social Security Act beginning January 1, 1940, according to a statewent made December 18 by Albert S. Lewis, manager of the Waukegan field office. \ f, ~ Mr. Lewis also stated that it is adfisable for all wage earners sixty-f.ve , years of age or over %ho have secured 1; «ix calendar quarters of employment ^ ? after December 1936 in jobs covered by the nrovisions of the Social Security Act, and who have b come unemployed or contemplate retiring, to contact an office of the Board to familithemseives with the require- Chief Deputy Sheriff Harold E. ijnents necessary to become Entitled R^se stated Tuesday morning that to old-age and survivors insurance ber 24, at the groom's home on Fox John McGee who operates a farm on benefits 8tri«t- . . , R011^ 11 northwest of Woodstock re-, Thc amendments to the Social Se- The charming bride was in a floor oorted the loss of $125 in cash Sun- curjty Act nrovide that survivors of length gown of white crepe with a day from where the money was hid- workers may be entitled to monthly which do not engage in commercial, finger-tip white net veil. In pink den in the basement of the home. On i payments where death of the wage broadcasting. voile, the matron of honor, Mrs. Her- September 17, 1939, Mr. McGee re-'e„^er occur* after December 31. Six Highland Parkers suffered head belt Fenske of Chicago, carried a ported the loss of a valuable diamOnd 1939. Payments may also be made to other groups who were present at the funeral services. Helen Weber. Lucille and Betty Lou. Mrs. Hubert Weber and the brothers and sisters of the late George Weber. ROCKTON MAN KILLED IN ACCIDENT THURSDAY As the result of iniuries received in an automobile accident three miles past of Marengo on Route 5 last videre street, Waukegan. Genuine live, humming, biting mosquitoes and edible carrots taken from the garden for Irish stew in December are Harvard's contributions to the freakish nature of December's unusual weather. Choice nomination for "meanest thief" is the perpetrator of the Christmas tree light? theft at one residence in LaGrange last wf*ek. Two cember 23. when their car left the N. Green Bay rond "Pavement in that city ard crashed into a Public Service pole rear Elm nla"e. The inured were Bert Berube, 30, of 318 N. Oreen Bay road, the driver: Lois npal. 22 if 333 P- k av».. his fv»nc-;>; Leonard Steffers, 35. and his wife. Borita, 33, of 526 Walnut street, and Sam Bernardi. 35. ard hi* wife, Katherine, 33, of 66 Elmwpod drive. Saturday. De- bouquet composed of "pink and red ring and watch. flowers. Carolyn Fenske, of Chicago, ----;-- > the little flower girl, dresesd in a floor PRORATE TWO ESTATES length gown of blue net over baby Emjly/B^tty was named executrix tained by calling or writing to an eligible worker's wife if she is age sixty-five or more. Mr. Lewis stated th«t detailed information may be obthe trees outdoors had been strung with Christmas lights only a night or two JACK RUSSELL GIVEN (township clerk and husband of Mrs. j Thursday night Olaf Olson 52 year 1 before. While the family was at home, ,Pingry Tue«lay morning of the .inci- j o M reP1dent of'gockton,'HL. died tn " dent. Mr. Pingry also said that about | a Belvidere hospital. 3 a. m.. Sunday morning a stone was 1 men were held pending the outthrown through the front door of thejrome of the inpaest The two taken Jhr.gry hotel which is operated by. ^ „usto<lv were Henry Syverson of Mr and Mrs. Pingry . WJsukon. Iowa. 28 vears old. and The card had a piece of tape pasteo ^ Schultz of Postville, Iowa, 52 on the back of it. Removing the tape, wars oR Thev were arrested bv (the words 28 Years, Hone Yon En- j officers 0=mir Olson and Larry • -foy Xmas were discovered iHuck, It i« said neither would admit . Just whit the purpose of the two j driving the car which was involved in to explain. Sheriff j f>,e acpjd«»nt with the truck driven by Jdmger believes it is the work of a|0,,on Frank St)itz of Rockton was crank ' or possibly some youngster | with Qlson parole from the St. Charles school.! 01son rtied phortlv after he jHe doeS not believe the matter is taken to the hospital. very serious. * The card and stone were expected 'to be turned over to Sheriff Edinger, In all probability the card may bo jturned over to United States postal arathorities. Miss Joan Heilman, daughter of the EXTINGUISH GRASS FIBS | Otto Heilmans of Wonder Lake, un- The McHenry Fire department was derwent surgery at the Woodstock ^called to extinguish a small grass hosnital Wednesday morning. IRre on Christmas eve, December 24, Mrs. Harold Owen has been conftnon the west side of the Fox river* -ed to her bed due to illness the past was Among- the Sick laear Sullivan's place south of town. The blaze, which was noticed. a|>Qut irix o'clock, was quickly put out. ' . week. Mrs. Catherine Conway mnd Miss j Genevieve Knox called at Harvard i Tuesday. . 4mmhnf m4 wwih, "this V . " ' '• the lights on one tree suddenly went off and when an investigation was made they discovered light bulbs had been stolen. Police were called later when two suspicious appearing youths were seen in front of the residence. Funeral services were held last Wednesday afternoon at Elgin for Robert Lueck, three-year-old son of Mr. and Mrs. Arthur Lueck of rural route 1, Barrington, who was drowned Sunday, December 16, when he fell into a cistern at the home of his great uncle, Charles Eichhorst, southwest of Barrington, near Elgin. Rev. I. H. M. Rognlie officiated and burial was held in Lake Street Memorial Park. Commercial production of a new smokeless fuel from Illinois coal seems to be close to realization. The new research laboratory in Urbana, where demonstration of the briquet process developed by the Illinois Geolrterical Survey will be carried out, will be ready for use by the end of March, Director John J. Hallihan of the Department of Registration and Education announced recently. When Wilbur Mott, a Burlington tavern owner, felt something grinding against his spine as he was eating his supper last Saturday afternoon, De blue silk, carried a bouquet similar ©f. the $27,500 estate of her husband, Waukegan field office. Room 4» PosJ to the matron of honor's. Curtis Samuel H. Beattv. who died at Ring- Office Building. ' i " Newman, brother of the bride, as- wood on November 17, 1939, in the ' sisted as best man. nrobate court at Woodstock Tuesday, i MARRIED FIFTY-EIGHT YfcARS The Rietesel home was bedecked The estate consists of $25,000 in real Dr. and Mrs. D. N. Brown observed with poinsettias and a multitude of estate and ?5fc500 in personal property.' their fifty-eiehth wedding an niversary burning tapers for the six o'clock jjy terms of the will dated August I Monday in their homo on Crystal ceremony, whi^h was performed by 1939, life use of the estate is given j Lake avenue at Ctry«*al Lake where Rev. Collins of Greenwood. The the widow. The sum of $400 is left they have lived for fifteen years. The counle entered through lin arch in for the erection of a monument. Four couple were former residents of Mc- STAY ON EXCEUTION wl}ich a large wedding bell daughters, Jennie A. Jackson, Rich- Henry. With the exception of a son. Miss Marie Hagdahl, of Waukegan, a m0nd; Viola M.^Bow and Emily L. Bobby Brov*n. r»dio artist who is in Olsen of Ringwood and Vera E. Frey California, and E. M. Brown of At* of Blue Inland, are to share the es- lanta. Oa.. another son, the family tate upon the death of the mother gathered for a dinner at noon, according "to terms of the will. j Durirg the afternoon many friends Allen Ward,was name$l executor of called to extend congratulations and m Jack Russell, well known outlaw escaped from th.^ McAlester. Oklahoma nrieon." k'dnflnned Billy Scott Hamilton to gh've him a ride close friend of both the bride and groom, played an accordian and sang "I Love You Truly" during the marr'Uge. Eighteen mrmbers of the immediate fanlilies were present for the -Tid then mir tWrt ^ " festivities. After the weddirg the the estate of Christina WardT who died brine eifts and flowers- Many tele. nTj itaJI r"ewly»«l, left on . horeyn,oon. ex- ,one 18, „ Harvard. The (UN -! i£ms br'oueht MmfM <M> OM. ^ily. a. Ved the Ini ed » . > pecting to return to McHenry 'to tate is left in trust with the executor at a distance. "onviction under th^Lindbergh law. uslier in the New Year" .. . for the purpose of education of ai Dr. Brown. 85 years old, a practie- Wi<= brief, filed by his attorney. Don D. Rogers, attacks the constitutionality of thf« statute. Russell was found guilty bv the first -,i*«»d inrv to hotjr- « ranital 'nunishnp't e««a jn the H®t*»ry of Cook -ounty. Carrv'np' out th«» death sen- •-anca jmnncod bv Federal Judsre Ch»»r'»s E. Woodward b-v< been n^st- «oried nfdinp a decision from the Court of Anneals. The P'iscoii murder case is one of 'to ir McHenry county durine 1939. The other is the Dain case which ended at Woodstock last Thursday. Both murders were solved and both defendants convicted. Russell Was sentenced to die on January 5, 1940 by Judge Woodward *ft«»r the iurv brought in a verdict of guilty and recommended punishment usher in the New Year. Before the wedding bells rang out. the party enjoyed a dinner at the grandson, William Ward. ! in$r dentist since 1876. retired j years ago because of ill health. Mrs. I e of the eroom. The candlelit, | Brown, 76 Years old, enjoys good table was decorated with baby breath . »nd sweet neas. Those nresent were BirthH 4-' Mr. and Mi's. Gerald Newman, the bride Arlet*r>. and son, Curtis. Mr. and Mrs. Charles Rietesel and the groom. Carl. Mrs. Alma Thomas, Mr. and Mrs. Walter Fenske and family of Chicaeo and Mr andAIrs. Herbert J Ftensfce, also Ch i CORRECTION In the account of the enactment of Maei'= Gift." an oneretta given TWember 15 bv the public grade students. we erred by sayirp that Charles Page was cast in the role of the jester. Instead. Junior Bonslett should receive the laurels for his excellent Derformance; he was given the part •+m forager'# • . % 0 . . . . health and her interests include social groups in the town and St. Mary's • Episcopal church of which both ut jmembers. A baby boy was born on Christma» j with them for the anniversary were day to Mr. and Mrs. Howard Vasey Mr. and Mrs. Ed Hauswirth and son, gt Wo-vMock hospital. Charles, former residents of McHenry. Mr. and Mrs. Arthur Burg, Jr., of. jfr. and Mrs. Oliver Gailbreadth and McCollum Lake announce the hirth of two children and Mr. and Mrs: Ed a son on Monday, December 18. The Coffee and son, Robert, and daughter, little man. tinping the scales at six Vera. pounds, was born at the West Sab- ) ---- urban hospital. j C- O. F. DANCB St John's Court, Catholic Order NEW LOCATION j Foresters, are sponsoring their anni^l The McHenry Welding and Black- > Forester dance Wednesday evening, smith Shop has moved from John and! January 10.. at St. John ? church hall. Front streets to its new location on! An invitation is extended to St, Waukegan road, on Route 20, in back; Mary's Court No. 594 ami St. Af* ef Vmmm Milk-. r Court '•1