The Butler Weekly Times Newspaper, February 28, 1918, Page 1

BUTLER, MISSOURI, THURSDAY, FEBRUARY 28, 1918. VOL. XL. & NUMBER 20 Claud Morwood testified he was present when the piece of iron was cut from the range. F, E. Patteeof the Amsterdam En- terprise testified as to Vail’s condi- tion the night of the fire. George 'Vail, the defendant, was called to the starid and testified that he was 28 years of age, and during the year 1917 he had engaged in the dray business and auto livery. That he never went with Anna Harris as her company to pie . suppers and dances; when. she was taken out in he called her up from Drexel and told her the price of the ring was $30 and she told him to: pay the $20 on it and she would pay the balance, borrow- ing*the money to do so and produced a-paid note for $10 which she @laimed was the one given to raise the money for this purpose. She. said the package she received. at the Christmas tree in 1916 contained ,a live mouse and said she supposed it Was sént, as°a’ joke. The green, coat she wore on her feturn from «St. Joseph was purchased in St. Joseph, She testified. She.stated that she was He went there and stayed with Vail, talking to him until about 12 o'clock. He testified that. while staying at the Vail home, Vail’ showed a diamond ring one morning at the breakfast table and said it was one Mrs. Marris had asked him.to.get for ‘her. Said he “had visited Mrs. Harris at Mer- win since’ the fire. Miss Bessie Allen testified: that Barnett and Boone were at Elkhart the night. of the fire.- : Miss Katherin Kohl corroborated Miss Allen’s testimony, voc influence her to change “from George” in the case. Told of her hus- band purchasing about four sacks of flour from Vail about a month. be- fore the fire. Testified her sister had received about $600 from her grond- mother’s estate and possibly more, but did not know whether or not it had all been spent. Mr. Linville and Mrs. Linville tes- tified to having been neighbors to the Vails in the country four years ago and that Mr..and Mrs, Vail had got- |ten along all right. GEORGE VAIL NOT GUILTY . Mrs, Vail from the burning house, tes- tified to hearing the explosions and cries for help, and running to the Vail home. His testimony corroborated that of John Braden in practically ev- ery point. He told of going into the kitchen in his bare feet nd searching for the body of Mrs. Vail, described the manner in which the flames broke out on her clothes when she was Brought dut into the air, and gave a description of the Wounds in her head His hands and feet were : Acquitted of Wife Murder by Jury if Friday Night. “Not Guilty” was the verdict brought in by the jury Friday night in the case of .the State against George Vail, charged with the murder of Yhis -wife om the night of August 25, 1917. ; F The verdict’ of acquittal which, was reached after a deliberation, by the jury’ of one ‘hour ahd ten minutes and ear. He tes- a7 tion with Vail on the porch of the —khew nothing against “charged by the court. ’ Harris stayed with her sister, Mrs was brought in and handed to Circuit Clerk Maxey, at 11:15. The’ verdict read as follows: “We, the jury, find the defendant not guilty, (Signed) J. W. Darby, Foreman.” Vail received the announcement of the verdict with the same composure which he has maintained throughout the entire trial, A demonstration of applause started by friends of the de- fendent at the announcement was -suppressed by the court, Vail ex- pressed his gratitude to the jury and to his friends. He was at once dis- Following is a resume of the testi- mony in the case since last Wednes- Said he had nevér seen Mrs, wear the coat. dam Enterprise testified Harris had worked for her from Jan- uary to May, 1916, and weeks in August. fied as to Mrs. Harris’ good conduct by John Braden took the body of : in her employ. badly burned. Amés Hall, the owner Of a store at Amsterdam told of Vail’s purchase of a°lady’s green coat at his place. Vail Mrs, F. E. Pattee of the Amster- that Anna later, three Mrs. Pattee testi- Mrs. Mangold, recalled, testified that Mrs. Vail attended the Royal Neighbor’s lodge regularly and that she saw her frequenfly. Never saw day: her wear a green coat. Bill Dye testified that at the time| Here the-state rested. the alarm of fire was turned in he ; i was in the barber shop and went with Defendant’s Testimony. others to the Vail home, where he] Mrs, Lester Gumptony centrale at and a Mr, lryer searched for the|/the telephone office, testified to re- baby with a flash light. They saw| ceiving alarm of fire at Vail home Jesse Thornbrugh arid John Braden) the night of August 25th. bring out the body: of Mrs. Vail. Mrs. Jesse Brigley, who had ‘Thornbrugh;-he-said;- whose bare feet} Worked for the Vails’ about a year! were badly burned, was taken home| before the fire testified that Vail was in a car. Said he saw the shot gun upstairs room, and as he started to’ get it, it fell out the window. It was hot and he kicked it into the grass. Did not examine it, but thought it was a single barrel gun. Saw Vail and told him to take the little girl away and take care of her. Ed Higginbottom, a young boy, testified that he had carried a note from Vail to Mrs. Anna Harris and that Vail told him to tell her there was no use for her to go back to Merwin as there was no work for her there. Said he was at the Vail home the night of the fire and saw Vail runwing around in his stocking feet and said Vail’s daughter, Vera, was taken to. the Porter hame across the road, Mrs. Eva Mangold, recorder of the Amsterdam Royal Neighbors lodge testified to an insurance policy of $rooo carried by Mrs. Vail with Vail as. beneficiary. She assisted the un- dertaker who prepared Mrs, Vail's body, and described the wounds on the head and the burns on the body. Said Mrs. Vail was not badly burned, but was burned on the face, hands, arms and lower part of legs. The head was bloody and the hair matted with dirt. She told of a conversa- Blake home before the funeral in which he told her that he felt she was the only one who could sympathize with him, Said he talked of the burning of his livery stable and fine horses which had occurred some time before and said now that this had come, “no one could tell you but that we always got along together.’ He wanted flowers sert to the fun- eral by the Royal Neighbors and she told him this was the custom. Charles Graham, who is the pro- prietor of a store at Amsterdam, tes- tified that Vail had inquired about some dynamite several days before the fire and that he told him he no longer handled it, but understood another would have some in a few days, Vail again inquired about it the day of the fire and when Graham told him he’d see if he could get ‘it, Vail told him not to bother as he wanted it right away to blow out some stumps for his mother. Deputy Constable “Shorty” Davis testified he asked Vail what he want- ed with the dynamite and Vail told him he wanted to shoot a “hole of water for fish.” Davis reminded him that was against the law. Said he had known Vail for several years and him. Never heard Vail’s name connected with that of Anna Harris until after the inquest, although he admitted he had seen Vail, Vi Barnett and Anna Har- ris talking together near the Pattee print shop. ‘i : Earl Sage, a coal miner, testified he saw Vail, Mr. and Mrs. H. Fergu- son and little child and Anna Harris at the mine. Said Mrs. Ferguson stayed in the engine room with her husband, who was engineer, while the others went into the mine. Testified that on Christmas eve, 1916, Vail gave him a package addressed to Anna Harris to have hung on the Christ- mas tree. ; . Marshal Jim Mayes testified Anna H. Ferguson, in Amsterdam. Said she wag there tintil just before the fire. Mrs. Will Thornbrough said she lived two blocks north of the Vait home and heard two shots and cries ‘for help the night of the fire. Jesse Thornbrough, who assisted any family.” on the street with his family, Said she heard Vail say at the preliminary he had poured: the oil out of the can into the tank of the stove. t t 4 good to-his family and provided for} which hung over the window in ie Said the eldest child slept with him. Mrs, Hughes testified she had worked for the Vails’ and _ visited them and they “got along as well as Said she had seen Vail Mrs. Sylvester Barton testified she was a younger sister of Mrs. Vail and had lived off and on with the Vails before her marriage and that Vail had always provided well for her sister. Said that Royal Powers had tried to PC. Ashley,» D. R. Hughes, Mr, Me- Means, John Fritz and others testi- fied to Vail's good character and ‘his pleasant relations with his family. Herman’ Blake, a brother-in-law of Vail, testified he talked with Mr. Archer the night of the fire about the funeral, and Mr. Archer advised him to bury Mrs. Vail Sunday morning, as it would be impossible to keep the body. Vail, he said, wanted to wait until Monday, so that some of his folks could come. He told of visit- ing Vail just after the fire. Vail was lying on the bed in the: Porter home, he said, and said “My God, Herman, 1 don't see why it couldn't have taken me and Vera since it’s taken the rest.” They talked about what Vail could wear to the funeral and found later that Vail’s best suit and some other clothes of his and Mrs. Vail's had been saved. Mr. Blake admitted under cross examination by the state to calling George Pahlman out the ‘morning after the fire and saying that John Vail, a younger brother of the defendant, testified that he had lived at the Vail home until leaving for the west, and that he-had *taken Geo. Vail’s pistol with him. Said Vail had always treated his family well. He stated that he and Glen Higginbottom were the senders of the package which was placed on the Christmas tree for Anna Harris and not Geo. Vail. He said the package contained a live mouse and that Vail was asked to have it put on the tree to conceal the identity of the real senders, Mrs. Clarence Vail testified to Vail’s relations with his wife and chil- dren and also testified that the oil stove used by the Vails was several | years old, smoked, and would often flare up. Mrs. Herman Blake Mrs, Clarence_Vail’s testimony. Mr. Fryer, who ran the restaurant at Amsterdam testified to going to the fire ands corroborated paid from $3.50.to. $4 per week when she worked and that’ she was given some financial assistance. from her brother, whose whereabouts she did not state, but whom she said was a master mechanic for the Sinclair Oil Co. Ike Lockeridge testified he was at the fire and saw the body of Mrs. Vail. Detected the odor of kerosene about the body, He was also pres- ent when Mrs, Vail's remains were exhumed at the instance.of Vail in October for further examination, Testified as to who was present and what occurred, Doctors A. C. Warnecke of Drexel, T. C, Robinson of Amsterdam and T. W, Foster of Butler, who were pres- ent at the exhumation of the body and made examination of the wounds tes das to the exhumation, and the location and description of the wounds. They agreed that the skull ing some furniture! was fractured on the right side—and if Archer had kept his mouth shut about those wounds in Mrs, Vail’s head and buried the body as in any ordinary death, that there wouldn't be all the talk about an inquest. He al$o admitted making remarks about the senselessness of having an_ in- quest. Vi Barnett’ testified he had worked for Vail when Vail ran a livery baru. He said he had gone to dances with Anna Harris and that Vail had been hired to drive them several times. Usually paid him about $4. He and Clarence Boone were at Elkhart at dance the night of the fire and Roy Erickson sent word: to them there had been a fire at the Vail home and for Barnett to go to the Blake home. and some of s clothes. He tes- tified to Vail’s kindness to his fam-} ily and mentioned instances of his} taking them to picture shows and} buying them ice cream and candy.} He told of seeing a gun at the win-| dow of.the Vail home during the} fire. | Mrs, Anna Harris testified that her} acquaintance with Vail was not inti-| mate, that he never kept company with her, never went to any* place with her as her escort and never gave, her any presents. Questioned con-|} cerning the diamond ring which it) had been alleged Vail had given her. she stated that learning that Vail w going to Drexel she had given him. gave evidence of other fractures, the condition indicating, in the opinion of the three physicians, that the wounds were not the result of a gunshot wound but might have been caused by the skull coming into contact with some hard. substance with — terrific force, Mrs. Lucy Vail, the mother of Geo, Vail, testified that the relations of her son’s family were always most pleasant. She also presented an en- larged kodak picture of Vail and his children taken shortly before the tragedy. Lester Cumpton produced the cor- ner of the range which had set in the Vail kitchen which was entered as an $20 to purchase the ring for her; that | exhibit. WAISTS—Georgette White, Flesh, Delf . Blue,Salmon, Navy.... E desire to inform you that we now have on display an extensive showing of advance styles in Women’s, Misses’ Suits, Coats, Dresses, Waists We invite your inspection of our attractive showing whenever it is convenient for you to do so. COATS—Khaki, Reindeer, Light Tan, Gray, Copen, Navy, Pekin Taupe.......... $9,50-$35 and and Crepe de Chine, $3,48-$] 3,50 Blue, Gray, Pekin........ SUITS—Navy, Tan, Black, Liberty ....315-$40 DRESSES—Foulard, Taffeta, Satin, Georgette, Crepe, Crepe de Chine and Serge..... ......... SPECIAL llot Silk Skirts—taffeta, messaline, Stripes, plaids, all sizes $4.98 GOOD CLOTHES FOR MEN AND WOMEN Samuel Levy Mercantile Co. $10-$35 his car livery hire was paid. tified that he never had intimate re- lations with Anna Harris and never bought- her a ring nor gave her a Christmas present nor a diamond ring. Said she never gave him a watch. In regard to a note it w4s alleged he sent her, he said that he was requested by the parties she had worked for in Merwin to notify her she need not come back and he sent her this word in a note. He denied that he had told of intimate rela- tions with a woman named Robinson and that he had ever entered an im- moral house with Jack Jared in Kan- sas City. Regarding the flour which he was said to have had in the house at the time of the fire, he testified as to its purchase by himself and John MeDonald, and stated that he had put forty sacks into the house and previous to the fire had used three and sold ten.+ Regarding the occurances the night of the fire, he testitied that on that evening after supper he saw Herman Blake and they talked of going to chure He went in to ask his wife if she cared to go, but she was bak- ing bread and could not leave. He then decided to write some letters and asking for the tablet she told him it was upstairs, and asked him to fill the coal oil stove. He took the oil tank out of and filled it, brought it back and lit the fire. She called his attention to the time, which was 8:05 and asked him to remind her to take out the bread at nine o'clock. He then went and fifteen or twenty minutes later she came up and sitting down at the table oppo- site him, took a pencil out of his pocket and also began to write. At nine o'clock he called her attention jto the bread, and she picked ‘up the baby and started down. stairs telling “doors up stairs him that she would turn) out the burne and asking him to take out the bread when he came down In just a few ‘seconds he heard a loud explosion and rushed down the kitchen Flames were thr the kitchen and he Picking over | his wife but got no answer to throw up a heavy duck « his head for prote started to enter the kitchen heard his little daughter, \ 4 in another room ery °O, mamma, Pm choking.’ He ran in and her and carried her out ofethe house, calling for help. John Braden and Jesse Thornbrough ran into the yard and asked him what to do. Tle replied that he thought his wife and baby were ‘in the kitchen and for Gaed’s sake to get them ont. He led the way around the house with the litte girl in his arms and Braden and ‘Thoral igh followed. All the time he was trying to quiet the child. When they arrived at the kitchen door TPhornbrough and Brad- en went in and brought Mrs. Vail out and began to tear off her clothes, Vail then carried the child to the road and set her down and: started back to his wife, bur the little girl ran back toward the burning house, and Will Dye told him*to go take care of the little girk and they would care tor his wite. He asked Jim Clark about his wife and baby and was told they were taken out, He then saw Dr. Amyx and asked how his wife and baby were and Dr, Amyx replied, “Son, she’s dead.” At this, he said, he fell into the road and Jim Clark and others picked him up and took him to the Porter home. He said he seemed to be choking and asked for water, and then asked that his mother and Herman Blake be sent to him. Asked point blank by his attorney if he had killed his wife Vail replied with emphasis, “No, sit, I did not.” Dr. Amyx, Geo. Pahlman, Louis Kershner, Frank Archer, Mrs. Por- ter and Mrs. Jesse Thornbrough were then called by the state in rebuttal and to testify to remarks made by Vail and others after the fire. At the conclusion of the testimony the court gave his instructions to the jury, and W. O. Jackson made the opening argument for the state. Mr. Jackson was followed by E. B. Sil- vers of counsel for the defense, and T. W. Silvers made the closing argu- ment for the defense. Prosecuting Attorney W. B. Dawson made the closing argument for the state and the case was given to the jury at 10:05 Friday night. Call and Settle. Having disposed of my _ business, those indebted to me will please call anti settle, as I must close up my books. J. E. Williams.