______________________________________________________________________________ See: Darr: https://www.openstreetmap.org/node/151587593 Dawson County: https://en.wikipedia.org/wiki/Dawson_County,_Nebraska Dawson County: https://www.dawsoncountyne.gov/ Dawson County: https://www.openstreetmap.org/relation/1425450 Lexington: https://en.wikipedia.org/wiki/Lexington,_Nebraska Lexington: https://www.openstreetmap.org/relation/169271 Cozad: https://en.wikipedia.org/wiki/Cozad,_Nebraska Cozad: https://cozadne.net/ Cozad: https://cozadnebraska.net/ Cozad: https://www.openstreetmap.org/relation/169274 ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ name of newspaper: The Semi-Weekly Local location: Cozad, Nebraska 69130 date of article: Tuesday, January 29, 1929 issue: volume 33, number 78 page: page 2 column: 2 source: https://www.newspapers.com/image/673653579/ ... ---------------- TREBLE CLEF CLUB. The Treble Clef Club met Thursday at Mrs. Clarence Knutson's with Mae Love as hostess. The harmony lesson was conducted by the cpnsellor, Mrs. Knutson. Busienss meeting was conducted by Betty Ruth Conley, the president. Due to the resignation of Evelyn Kinnan as secretary, Jacob T. Kirkpatrick was elected for the remainder of the year and Wilma Arnold as assistant. Plans were discussed for a benefit musical tea. The next meeting will be held on February 20th with Margaret Bacon as hostess. ---------------- ... ______________________________________________________________________________ name of newspaper: Beatrice Daily Sun location: 110 S. 6th Street Beatrice, Nebraska 68310 website: https://beatricedailysun.com/ phone number: unknown date of article: Wednesday, January 30, 1935 issue: volume 33, number 174 page: page 2 column: 5 source: https://www.newspapers.com/image/506604209/ (Publisher Extra required) ... -------------------- THIEF IS KILLED ------- COZAD, Neb., Jan 30 (AP)--Jacob Kirkpatrick, 21, of Cozad, was shot and killed last night while he and another young man who escaped were loading a motor truck with hay on the farm of A. E. Anderson near here. County Attorney Elbert H. Smith said Kirkpatrick was wounded fatally by a shotgun fired by Don Griffith, 25, who was guarding the hay because of recent thefts in the neighborhood. -------------------- ... ______________________________________________________________________________ name of newspaper: The Lexington Clipper location: Lexington, Nebraska 68850 website: https://lexch.com phone number: +1-308-324-5511 date of article: Thursday, January 31, 1935 issue: 49th year, number 23 page: front page column: 1 source: https://lexingtonne.historyarchives.online/viewer?k=kirkpatrick&i=f&by=1935&bdd=1930&d=01011935-12311935&m=between&ord=k1&fn=the_lexington_clipper_usa_nebraska_lexington_19350131_english_1&df=1&dt=10&cid=3252 -------------------- YOUNG MAN KILLED AT DARR BY CHARGE FROM A SHOT GUN ----- Shooting Occurred In The Hay Field Of The Anderson Farm Late Tuesday Evening ----- Jacon Kirkpatrick, about 21, was almost instantly killed Tuesday night at about 11 o'clock, on the A. E. Anderson farm, two miles north of Darr. Death was caused by a charge from a shotgun fired by Don Griffith, 25. Both men are from near Cozad. Death came to Kirkpatrick as he and an unidentified companion were allegedly in the act of stealing hay on the Anderson farm, the coroner's jury disclosed. Don Griffith, with his brother, Earl Griffith and Loy Anderson, son of A. E. Anderson, had gone to the Anderson farm about 8:30 p. m., and hid themselves behind a stack of hay. About 11 o'clock, the inquest disclosed, Kirkpatrick and his companion drove on the field with a truck and stopped beside a pile of baled hay. They got out of the truck and prceeded to load on several bales of hey, when Griffith and his companions stepped out from their hiding place and ordered them to throw up their hands. Kirkpatrick, bending over to pick up a bale of hay, first straightened up, the coroner's inquest disclosed, and raised his hands and then lowered them. As he lowered them and appeared to be reaching for his hip pocket, Griffith fired, witnesses said. Griffith testified he shot only to frighten Kirkpatrick and did not intend to hit him. The charge from a twelve guage shotgun, struck Kirkpatrick in the right side of his chest. They immediately placed the wounded man in the truck and drove to the Anderson home, where they put him in the Anderson car and hurried him to Cozad. It was while they were trasferring him from the truck to the car that the unidentified man made his escape. Kirkpatrick died shortly after they reached Cozad. While the coroner's jury found there was no felonous intent in the killing, officials were making a thorough investigation of the whole affair. They are especially anxious to find the unidentified man who was with Kirkpatrick, in the hope that he may be able to shed some more light on the affair. ------------------ [ Darr, NE: https://www.openstreetmap.org/node/151587593 ] [ approx location: https://www.openstreetmap.org/node/151587593#map=17/40.84164/-99.87686 ] [ approx location: https://www.google.com/maps/@40.8420921,-99.8783627,16z?entry=ttu ] ______________________________________________________________________________ name of newspaper: The Columbus Daily Telegram location: 1254 27th Avenue Columbus, Nebraska 68601 telephone: +1-402-564-2741 website: https://columbustelegram.com/ date of article: Thursday, January 31, 1935 issue: 56th year, number 26 page: 6 column: 6 about: https://en.wikipedia.org/wiki/Columbus_Telegram about: https://chroniclingamerica.loc.gov/lccn/sn95073067/ source: https://newspapers.com/image/428934605 (Publisher Extra required) ... -------------- ABSOLVED IN HAY FIELD SHOOTING ----- COZAD, Jan. 31 (UP)--Verdict of a coroner's inquest today absolved 25 year old Donald Griffith from culpability in the shotgun slaying here of Jacob Kirkpatrick, 21, of Cozad. Kirkpatrick died of an abdominal wound after he had been shot down on the A. E. Anderson farm near here. Griffith, on guard in the Anderson heyfield with two other men, fired when he allegedly acosted Kirkpatrick and a companion attempting to load hay into a truck. Testifying at the inquest in his own behalf, Griffith related that he fired when Kirkpatrick dropped his hands after being commanded to raise his hands in the air. He shot, he said, out of fear that Kirkpatrick might be armed. Griffith, with a brother, Early, 22, and Loy Anderson, 21, had been stationed in the hay field as guards after a series of thefts of alfalfa in this vicinity. -------------- ... ______________________________________________________________________________ name of newspaper: Lincoln Evening Journal / Evening State Journal/ Lincoln Journal Star location: Lincoln, Nebraska date of article: Thursday, January 31, 1935 edition: (none) page: 3 column: 1 source: https://newspapers.com/image/309116308 (Publisher Extra required) ... SLAYER COZAD YOUTH ABSOLVED OF BLAME ----- Inquest Reveals Jacob Kirkpatrick Killed While Stealing Hay. COZAD, Neb. (AP). A coroner's jury Wednesday absolved Donald Griffith, 25, of any blame in the shotgun slaying of Jacob Kirkpatrick, 21, of Cozad, while Kirkpatrick and another yound man were loading a motor truck with hay on the farm of A. E. Anderson, near here. County Attorney Smith of Lexington, said the inquest indicated that Kirkpatrick and his unidenfied companion, who escaped, were attempting to steal hay from a field where Griffith and two other young men were on guard. The shooting occurred shortly before midnight. Griffith testified he told the men on the truck to put up their hands, but that Kirkpatrick, who was standing in the front of the truck bed, dropped his hands after raising them slightly. Fearing the intruder might be armed, Griffith fired, he said. Kirkpatrick was wounded in the right side near the abdomen and died in 20 minutes. Earl Griffith, 22, a brother of Donald, and Loy Anderson, 21, son of the farmer, also were on guard in the field but were not armed. After the shooting, Kirkpatrick's companion took him and the three men to the Anderson farm house but drove away in the truck while Kirkpatrick was being put into an automobile to be taken to Cozed. County Attorney Smith said none of the three young men could identify the man who escaped. Anderson and the Griffith brothers, neighbors, were gaurding the hay because of recent thefts in teh vicinity. -------------- ... ______________________________________________________________________________ name of newspaper: The Lincoln Star location: Lincoln, Nebraska date of article: Thursday, January 31, 1935 edition: (none) issue: 33rd year page: 4 column: 3 source: https://www.newspapers.com/image/310249758/ (Publisher Extra required) ----------- FREE GRIFFITH OF ANY BLAME ------ Man Who Shot Kirkpatrick Absolved By Coroner Jury. ------ Identity of Companion Of Cozad Youth Not Established. COZAD, Neb., Jan 31--(AP)--A coroner's jury Wednesday absolved Donald Griffith, 25, of any blame in the shotgun slaying of Jacob Kirkpatrick, 21, of Cozad, while Kirkpatrick and another young man were loading a motor truck with hay on the farm of A. E. Anderson near here. County Attorney Elbert H. Smith of Lexington said the inquest indicated the Kirkpatrick and his unidentified companion, who escaped, were attempting to steal hay fomr a field where Griffith and two other young men were on guard. The shooting occurred shortly before midnight Tuesday night. Griffith testified he told the men on the truck to put up their hands, but that Kirkpatrick, who was standing in the front of the truck bed, dropped his hands after raising them slightly. Fearing the intruder might be armed, Griffith fired, he said. Kirkpatrick was wounded in the right side near the abdomen and died in 20 minutes. Earl Griffith, 22, a brother of Donald, and Loy anderson, 21, son of the farmer, also were on guared in the field but were not armed. After the shooting, Kirkpatrick's companion took him and the three young men to the Anderson farm house but drove away in the truck while Kirkpatrick was being put into an automibile to be taken to Cozad. County Attorney Smith said neither of the three yound men could identify the man who escaped. Anderson and the Griffith brothers, neighbors. were guarding the because of recent thefts in the vicinity. ---------------- ______________________________________________________________________________ name of newspaper: Beatrice Daily Sun location: 110 S. 6th Street Beatrice, Nebraska 68310 website: https://beatricedailysun.com/ phone number: unknown date of article: Thursday, January 31, 1935 issue: volume 33, number 175 page: page 4 column: 7 & 8 source: https://www.newspapers.com/image/506604228/ (Publisher Extra required) ... -------- IS ABSOLVED FOR SHOOTING YOUNG THEIF ---- COZAD, Neb., Jan. 21 (AP)--Donald Griffith, 25, today stood absolved of blame in the shotgun death of Jacob Kirkpatrick, 21 of Cozad. A coroner's jury held he was not at fault. County Attorney Elbert H. Smith of Lexington said evidence submitted to the jury yesterday indicated Kirkpatrick and his unidentified companion, who escaped, were attempting to steal hay from a field on the A. E. Anderson farm near here where Griffith and two other young men were on guard at the time of the slaying Tuesday night. Dropped His Hands Griffith testified he told the men on a truck to put up their hands, but that Kirkpatrick, who was standing in the front of the truck bed, dropped his hands after rasigin them slightyly. Fearing the intruder might be armed, Griffith fired, he said. Kirkpatrick died 20 minutes later. After the shooting, Kirkpatrick's companion took him and the three young men to the Anderson farm house, and then drove away alone in the truck while Kirkpatrick was being put into an automobile to be taken to Cozad. ------------ ______________________________________________________________________________ name of newspaper: The Cozad Local address: Cozad, Nebraska 69130 date of article: Friday, Febuary 1, 1935 edition: volume 39, number 80 page: front page column: 1 about: https://chroniclingamerica.loc.gov/lccn/sn95073210/ source: Nebraska State Historical Society microfilm # 0009862 source: https://www.newspapers.com/image/673722029/ J. T. Kirkpatrick Dies of Gunshot Wounds --- A coroner's jury, which met in session at the City Hall Wednesday, freed Donald Griffith of blame in the fatal shooting of Jacob Kirkpatrick. County Attorney Smith, of Lexington, presided over the inquest. The shooting occurred near midnight Tuesday when Donald Griffith, Earl Griffith and Loy Andersen were standing guard on the A. E. Andersen farm. Testimony indicated that Kirkpatrick and an unidentified companion were attempting to load hay on a truck. When Griffith shouted for the men to put up their hands, Kirkpatrick raised his hands, then lowered them. Fearing the man might be armed Griffith shot. When he and his companions discovered that Kirkpatrick had been wounded they brought him to a doctor's office in cozad. The young man, who was shot in the right side, lived about an hour but never regained consciousness. This tragic accident has been a great shock to the entire community. "J. T.," as he was familiary known, has made his home here for many years and had many friends who are grieved at his death. At the hour of going to press the funeral arrangements had not been completed. ______________________________________________________________________________ name of newspaper: The Cozad Local address: Cozad, Nebraska 69130 date of article: Friday, Febuary 5, 1935 edition: volume 39, number 81 page: front page column: 3 about: https://chroniclingamerica.loc.gov/lccn/sn95073210/ source: Nebraska State Historical Society microfilm # 0009862 source: https://www.newspapers.com/image/673722038/ OBITUARY J. T. KIRKPATRICK Jacob Thomas Kirkpatrick was born November 5, 1913 at Woodbine, Iowa, and passed away January 30, 1935, at the age of 21 years, 2 months, and 25 days. Early in his life he became a member of the First Christian church and was a regular and faithful attendant until death. He attended Cozad rural school and Cozad high school. Shortly after coming to Cozad, in 1921 he and his brother, John, went to make their home with Mr. and Mrs. J. M. Anders, where he was loved and cared for as their own son. He is survived by his father, D. B. Kirkpatrick of Lexington, Mr. and Mrs. Allen L. Kirkpatrick of North Platte, Mr. and Mrs, John D. Kirkpatrick of Cozad, George L. of Lexington, William J. of Crawford, Mr. and Mrs. Collipriest of Lincoln, Ivah D. Kirkpatrick of Council Bluffs, Ia., and Mr. and Mrs. J. M. Anders, his foster parents, his mother having passed away February 26, 1917. Funeral services were held Saturday morning, February 2nd, at the Christian church in Cozad, A. W. Wright officiating. Interment was in Cozad cemetery. ______________________________________________________________________________ 1935 ------ January February March Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30 31 ______________________________________________________________________________ name of newspaper: The Lexington Clipper location: Lexington, Nebraska 68850 website: https://lexch.com phone number: +1-308-324-5511 date of article: Thursday, February 7, 1935 issue: 49th year, number 24 page: page 4 column: 4 source: https://lexingtonne.historyarchives.online/viewer?k=kirkpatrick&i=f&by=1935&bdd=1930&d=01011935-12311935&m=between&ord=k1&fn=the_lexington_clipper_usa_nebraska_lexington_19350207_english_4&df=1&dt=10&cid=3252 ... ---------------- Mr. and Mrs. Allen Kirkpatrick of North Platte, Mr. and Mrs. John Kirkpatrick of Cozad and Miss Iva Kirkpatrick of Council Bluffs, Iowa, visited their sister, Mrs. James Collipriest, at the G. W. Collipreiest home in Lexington Sunday. ---------------- ... ______________________________________________________________________________ name of newspaper: The Lexington Clipper location: Lexington, Nebraska 68850 website: https://lexch.com phone number: +1-308-324-5511 date of article: Thursday, March 7, 1935 issue: 49th year, number 28 page: front page column: 6 source: https://lexingtonne.historyarchives.online/viewer?k=kirkpatrick&i=f&by=1935&bdd=1930&d=01011935-12311935&m=between&ord=k1&fn=the_lexington_clipper_usa_nebraska_lexington_19350307_english_1&df=1&dt=10&cid=3252 MURDER CHARGE FILED AGAINST YOUNG MAN ----- Donald Griffith Placed Under Bond And Will Appear Before The District Court ----- County Attorney Elbert H. Smith on Friday of last week filed second degree murder charges against Donald Griffith of Cozad. The charge was the outgrowth of the shooting of Jacob T. Kirkpatrick of the Anderson farm near Darr, on January 29th. Kirkpatrick, in company with Winfred Moon, also of Cozad was allegedly in the act of stealing hay, when he was killed by the charge of a shotgunm said to have been fired by Donald Griffith. Griffith was released on a $5,000 bond. Moon, who was held on a material witness is also out on bond. It is thought that the trial may come up in the March term of the district court. ---------------- ... ______________________________________________________________________________ name of newspaper: The Nebraska State Journal location: Lincoln, Nebraska date of article: Saturday, March 09, 1935 edition: (none) page: 15 column: 3 about: https://chroniclingamerica.loc.gov/lccn/sn95069679/ source: https://newspapers.com/image/314342273 ... -------------- MURDER CHARGE IS FILED ----- Jacob Kirkpatrick Accused of Griffith Death. LEXINGTON, Neb. (UP). Second degree murder charges were filed here Friday against Jacob Kirkpatrick, 21, who allegedly shot and killed Donald Griffith, Jan. 29, during an altercation over loading of hay on the A. E. Anderson farm near Cozad. Kirkpatrick is free on $5,000 bond. ... ______________________________________________________________________________ name of newspaper: The Gothenburg Times location: P.O. Box 385 Gothenburg, Nebraska 69138-0385 website: https://www.gothenburgtimes.com/ phone number: +1-308-537-3636 date of article: Wednesday, March 13, 1935 issue: 27th year, number 36 page: front page, page 1 column: 4 source: https://www.newspapers.com/image/692553263 (Publisher Extra required) ... -----THE TIMES----- Murder Charges Files Against Griffith Over Hay Shooting -------- County Attorney Smith Files Murder Charges As Outgrowth Of Fatal Shooting -------- County Attorney Elbert H. Smith on Friday of last week files second degree murder charges against Donald Griffith of Cozad, according to the Lexington Clipper. The charge was the outgrowth of the shooting of Jacob T. Kirkpatrick on the Anderson farm near Darr, on Jan. 29th. Kirkpatrick, on company with Winfred Moon, also of Cozad, was allegedly in the act of stealing hay, when he was killed by the charge of a shotgun, said to have been fired by Donald Griffith. Griffith was released on a $5,00 bond. Moon, who was held as a material witness is also out on bond. It is thought that the trial may come up in the March term of the district court. ... ______________________________________________________________________________ name of newspaper: Beatrice Daily Sun location: 110 S. 6th Street Beatrice, Nebraska 68310 phone number: unknown website: https://beatricedailysun.com/ date of article: Monday, March 18, 1935 issue: volume 33, number 175 page: page 2 column: 4 source: https://www.newspapers.com/image/506605619/ (Publisher Extra required) -------- SECOND DEGREE CHARGE FILED AGAINST GUARD ---- LEXINGTON, Neb., March 18 (AP)--Charged with second degree murder, Donald Griffith, 22, of Cozad, will go on trial in district court here Wednesday for shooting jacob Kirkpatrick, 21, of Cozad, in a field while guarding hay. The shooting occurred shortly before midnight last January 29 on the farm of A. E. Anderson near Cozad, where Griffith and two other young men were on guard because of recent thefts. Griffith, his brother Earl, and Loy Anderson, 21, the farmer's son, testified at a coroner's inquest the next day that Kirkpatrick and Winfred Moon also of Cozad, drove a motor truck into the field and were loading baled hay on it when Donald ordered them to put up their hands. Both men followed the command, but Kirkpatrick dropped his hands almost immediately, the three testified. Griffith said he fired because he believed Kirkpatrick was reaching for a gun. Wounded in the right side. Kirkpatrick died in a Cozad physician's office a short time later. The coroner's jury decided Griffith shot Kirkpatrick without felonious intent. County Attorney Elbert H. Smith said he filed the charge at the request of Kirkpatrick's relatives. Griffith pleaded not guilty at this prelminary hearing March 8. ------------ ... ______________________________________________________________________________ name of newspaper: The Lincoln Star location: Lincoln, Nebraska date of article: Wednesday, March 20, 1935 issue: 33rd year, home edition page: 12 column: 7 source: https://newspapers.com/image/61089289 ... -------------- DRAW JURY TO TRY GRIFFITH ----- Lexington Youth Is Charged With Second Degree Murder LEXINGTON, Neb., March 20--(AP)--Attorneys Tuesday were questioning prospective jurors in the state's second degree murder prosecution against Donald Griffith, but at noon a jury had not been obtained. Authorities said the jury might be completed by night. Griffith, is charged with slaying Jacob Kirkpatrick, 21, of Cozad Jan. 29 A coroner's jury decided Griffith shot Kirkpatrick with felonious intent, but Kirkpatrick's relatives requested that Griffith be prosecuted. Griffith was on guard at the A. E. Anderson farm near Cozad last January 29 because of a series of hay thefts. With him were his brother Earl, and Loy Anderson, son of the farmer. The three told authorities they caught Kirkpatrick in the act of stealing hay. -------------- ... ______________________________________________________________________________ name of newspaper: The Lexington Clipper location: Lexington, Nebraska 68850 website: https://lexch.com phone number: +1-308-324-5511 date of article: Thursday, March 21, 1935 issue: 49th year, number 30 page: front page column: 5 source: https://lexingtonne.historyarchives.online/viewer?k=kirkpatrick&i=f&by=1935&bdd=1930&d=01011935-12311935&m=between&ord=k1&fn=the_lexington_clipper_usa_nebraska_lexington_19350321_english_1&df=21&dt=30&cid=3252 ---------------- GRIFFITH ON TRIAL IN HAY SHOOTING CASE ----- First Murder Trial In Many Years Being Heard In District Court Of Dawson County ----- Donald Griffith of Cozad went on trial here yesterday, in the district court, charged with second degree murder, for the shooting of Jacob Kirkpatrick on January 29. The tragedy occurred when Kirkpatrick attempted to load up a truck load of baled hay on the farm of A. E. Anderson near Darr, which Griffith, his brother, Loy Anderson were guarding. With the opening of the trial before Judge Tewell, yesterday it was necessary to call in nearly 30 additional prospective jurors before a jury could be chosen to try the case. County Attorney Elbert Smith and Milton Murphy, assistant attorney general, are conducting the prosecution and Frank M. Johnson is the attorney for the defense. The jurors who were chosen to hear the case are: Emil Anderson, Eddyville; Ray Brown, Sumner; Roy Gomme, Eddyville; Ed Sullivan, Eddyville; Andrew Sutherland, Sumner; Wm. Biehl, Lexington; Alred Plank, Gothenburg; James Arbuckle, Lexington; Frank Vogt, Overton; Myron Anderson, Gothenburg; W. F. Landercasper, Lexington and M. T. Lauby, Lexington. The court room was completely jammed and many were unable to gain entrance so great was the interest in the trial. So far as we have been able to learn this is the first murder trial which has been held in Dawson county in over 40 years. ---------------- ... ______________________________________________________________________________ name of newspaper: The Nebraska State Journal location: Lincoln, Nebraska date of article: Thursday, March 21, 1935 edition: (none) page: 2 column: 8 about: https://chroniclingamerica.loc.gov/lccn/sn95069679/ source: https://www.newspapers.com/image/314346722/ ... ------ GRIFFITH JURY DRAWN. LEXINGTON, Neb. (AP). The jury for the state's second degree murder case against Donald Griffiths, was selected here Wednesday night. Griffith, 22, of Lexington, is charged with the shooting of Jacob KirkPatrick, 21, of Cozad, Jan. 29. ------ ... ______________________________________________________________________________ name of newspaper: The Lincoln Star location: Lincoln, Nebraska date of article: Thursday, March 21, 1935 page: 6 column: 7 source: https://newspapers.com/image/61089320 ... -------------- SELF DEFENSE GRIFFITH PLEA ----- Opening Statements in Murder Trial Made, Testimony Starts. LEXINGTON, Neb., March 21--(AP)--Donald Griffith's defense to a charge of second degree murder in connection with the slaying of Jacob Kirkpatrick, 21, of Cozad last January 29 will be self defense, his attorney told a District court jury here Thursday as opposing counsels presented their opening statements. The prosecution said it would show Kirkpatrick had his hands in the air and gave no indication of reaching for a weapon, as Griffith has said he suspected. After completion of the opening statements Loy Anderson was called to the stand as the first witness for the state. Griffith was on guard at the A. E. Anderson form near Cozad because of a series of hay thefts at the time of the slaying, and with him were Loy Anderson, son of the farmer, and Griffith's brother, Earl. They contend Kirkpatrick was caught in the act of stealing hay, and that Griffith shot when he believed Kirkpatrick reached for a gun. The defense, in the opening statement, said it would show Kirkpatrick at no time during the incident had his hands entirely above his head. A coroner's jury decided Griffith shot with out felonious intent, but relatives of Kirkpatrick asked that the charge be filed. -------------- ... ______________________________________________________________________________ name of newspaper: Beatrice Daily Sun location: 110 S. 6th Street Beatrice, Nebraska 68310 phone number: unknown website: https://beatricedailysun.com/ date of article: Thursday, March 21, 1935 issue: volume 33, number 222 page: page 10 column: 4 source: https://newspapers.com/image/506605801 (Publisher Extra required) ... SELF DEFENSE PLEA OFFERED ----- LEXINGTON, Neb., March 21 (AP)--Donald Griffith's answer to a charge of second degree murder in connection with the shotgun slaying of Jacob Kirkpatrick, 21, of Cozad last January 29 will be one of self defense, his attorney told a district court here today as opposing counsel presented their opening statements. The prosecution said it would show Kirkpatrick had his hands in the air and gae no indication of reaching for a weapon, as Griffith had said he suspected. After completion of the opening statements Loy Anderson was called to the stand as the first witness for the state. Griffith was on guard at the A. E. Anderson foram near Cozad because of a series of hay thefts, at the time of the slaying, and with him were Loy Anderson, son of the farmer, and Griffith's brother Earl. They contend Kirkpatrick was caught in the act of stealing hay, and that Griffith shot when he believed Kirkpatrick reached for a gun. The defense, in the opening statement, said it would show Kirkpatrick at no time during the incident had his hands entriely above his head. A coroner's jury decided Griffith shot without felonious intent, but relatives of Kirkpatrick asked that the charge be filed. ______________________________________________________________________________ name of newspaper: The Nebraska State Journal location: Lincoln, Nebraska date of article: Friday, March 22, 1935 edition: (none) page: 3 column: 2 about: https://chroniclingamerica.loc.gov/lccn/sn95069679/ source: https://www.newspapers.com/image/314346998/ ... ---------- GRIFFITH ON WITNESS STAND ---- Jury Told He Did Not Intend to Kill Kirkpatrick. LEXINGTON, Neb. (AP). "I did not intend to kill him; I thought the shot went over his head, " said Donald Griffith, 22, of Lexington as he took the witness stand in district court here Thursady in the state's second degree murder case against him. Griffith is charged with the fatal shooting of Jacob Kirkpatrick, 21, of Cozad last Jan. 29. The former, with two others, was guarding a haystack near Cozad at the time of the slaying. Griffith testified he and his companions agreed to puncture a tire on any intruding motor truck with the one shot which he said he had taken to the field. After the intruders had loaded the third bale on their truck, Griffith testified he said, "All right, fellows, put 'em up" He said Kirkpatrick raised his hands shoulder high and then dropped them. "Look out," the defendant quoted himself as having said. At one point in the trial Thursday the jury was taken from the crowded court room to the street to see the truck involved in the case. It was parked near the courthouse. ______________________________________________________________________________ name of newspaper: Evening State Journal/ Lincoln Journal Star location: Lincoln, Nebraska date of article: Saturday, March 23, 1935 page: front page column: 7 source: https://newspapers.com/image/309259966 ... -------------- GRIFFITH IS ACQUITTED ----- Jury Clears Him of Slaying of Kirkpatrick. LEXINGTON, Neb. (AP). Donald Griffith, 22, Cozad farm worker, wasacquitted of a second degree murder charge in connection with the shotgun slaying of Jacob Kirkpatrick, 21, also of Cozad, in a hayfield near here last Jan. 29. Applaise followed the reading of the verdict in district court about 9:45 o'clock Saturday morning. The jury reached its verdict at 1:30 a.m. but did not report until court was convened. It received the case at 9:25 o'clock Friday night. Griffith, once exonerated of the slaying by a coroner's jury, was brought to trial then relatives of Kirkpatrick demanded this action. Kirkpatrick was shot and killed while loading hay on a motor truck in the field of A. E. Anderson near Cozad. Griffith, his brother Earl, and Loy Anderson, son of the farmer, were guarding the hay, as several hay thefts had been reported in the vicinity. Griffith testified he opened fire when Kirkpatrick lowered his hands, after once raising them in reply to a command from the trio. He said he believed Kirkpatrick was reaching for a gun and fired in self-defence, intending only to frighten the intruder. ______________________________________________________________________________ name of newspaper: Beatrice Daily Sun location: 110 S. 6th Street Beatrice, Nebraska 68310 phone number: unknown website: https://beatricedailysun.com/ date of article: Sunday, March 24, 1935 issue: volume 33, number 222 page: page 7 column: 1 source: https://www.newspapers.com/image/506605983/ (Publisher Extra required) ... JURY ACQUITS FARMER'S GUARD ----- LEXINGTON, Neb., March 23 (AP)--Donald Griffith, Cozad farm worker, today was acquitted of a second degree murder charge in connection with the shotgun slaying of Jacob Kirkpatrick, of Cozad, in a hay field near here last January 29. Applause followed reading of the verdict in district court about 9:45 o'clock this morning and District Judge J. L. Tewell immediately instructed that order be restored. Stealing Hay Griffith, once exonerated of the slaying by a coroner's jury, was brought to trial when relatives of Kirkpatrick demanded this action. Kirkpatrick was shot and killed while loading hay on a motor truck in the field of A. E. Anderson near Cozad. Griffith, his brother, Earl, and Loy Anderson, son of the farmer, were guarding the hay as several hay thefts had been reported in the vicinity. He opened fire, Griffith said, when Kirkpatrick lowered his hands after once raising them in reply to a command from the trio. Griffith said he believed Kirkpatrick was reaching for a gun and fired in self-defense, intending only to frighten the intruder. ----- ... ______________________________________________________________________________ name of newspaper: The Lexington Clipper location: Lexington, Nebraska 68850 website: https://lexch.com phone number: +1-308-324-5511 date of article: Thursday, March 28, 1935 issue: 49th year, number 31 page: front page column: 6 source: https://lexingtonne.historyarchives.online/viewer?k=kirkpatrick&i=f&by=1935&bdd=1930&d=01011935-12311935&m=between&ord=k1&fn=the_lexington_clipper_usa_nebraska_lexington_19350328_english_1&df=41&dt=50&cid=3252 DONALD GRIFFITH IS ACQUITED BY JURY ----- Declared Not Guilty Of The Second Degree Murder Charge Filed Against Him ----- Donald Griffith, son of Mr. and Mrs. Arthur Griffith of Cozad, was acquitted of the second degree muder charge wich had been filed against him, Saturday morning in district court here. The charge had been filed against Griffith as the result of the fatal shooting of Jacob Kirkpatrick, on January 29, 1935, on the A. E. Anderson farm north of Darr. The trial, which started Wednesday morning anended at 9:30 Friday evening was largely attended by Cozad, Darr, and Lexington people. County Attorney Elbert H. Smith and Assistant Attorney General Millton Murphy, prosecuted the case and Frank M. Johnson was the defense attorney. The jury was given their instructions by Judge J. L. Tewell at 9:30 Friday night. The verdict of acquittal it is understood was reached at about 1:30 the next morning, although it was not rendered until court convened at about 9:30 Saturday morning. While the case was of a very serious nature and was closely contested by both sides, the action of both the defense and prosecution was greatly admired by those in regular attendance at the trial. ---------------- ... ______________________________________________________________________________ name of newspaper: The Lincoln Star, Sunday Journal and Star location: Lincoln, Nebraska date of article: Sunday, March 31, 1935 page: 25 column: 6 source: https://www.newspapers.com/image/61090038 (Publisher Extra required) ... In The State. ... LEXINGTON--Donald Griffith acquitted in the slaying of Jacob Kirkpatrick in a hay raid. ... ______________________________________________________________________________ name of newspaper: Lincoln Journal Star / Evening State Journal location: Lincoln, Nebraska date of article: Wednesday, August 14, 1940 page: 6 column: 2 source: https://newspapers.com/image/309364209 (Publisher Extra required) MERE MENTION. ... Anders E. Anderson, Dawson county farmer, appealed to the supreme court Wednesday from a finding of the district court that he had promised to pay Frank M. Johnson, Lexington lawyer, $200 and had not done so. Johnson had been called on back in 1935 to defend Donald Griffith, charged with murder, having accidentlly killed Jacob Kirkpatrick on the Anderson Farm. Johnson secured his acquittal. He said it had been agreed that his fee should be $500, and of this amount he had been paid $300. Anderson had taken up a subscription among the neighbors, the Griffiths being unable to pay a fee, and said the $300 came from the collection, to which he had contributed. He denied ever having agreed to pay any fee, and on appeal claims the judge should have believed his story instead of that of the lawyer. ... ______________________________________________________________________________ name of newspaper: The Nebraska State Journal location: Lincoln, Nebraska date of article: Friday, April 11, 1941 page: 4 column: 1 about: https://chroniclingamerica.loc.gov/lccn/sn95069679/ source: https://www.newspapers.com/image/334519619/ ... The supreme court took under advisement Thursday the controversy between Frank M. Johnson and Anders E. Anderson of Dawson County, over whether the latter is liable to the former for attorney fees rendered on behalf of Donald Griffith, in which an acquitaal was secured. Anderson and other neighbors of the Griffith family, because the latter was improverished, collected $231 and this was paid Johnson by the mother Johnson said this was insufficient and Anderson personally agreed to pay him $200 more. He secured judgement for this amount. Anderson't attorney argued that the case must fall because the contract was not in writing; that if any contract was made it was unenforcible, because there was no consideration, since the promise, if made was after services had been rendered. In addition they said that Johnson was not retained by Anderson, that he did nothing for him and that failure to keep the alleged promise was no detriment to him. ------------------- ______________________________________________________________________________ https://case-law.vlex.com/vid/johnson-v-anderson-no-887642780 https://case-law.vlex.com/vid/johnson-v-anderson-31077-908581351 Citation 140 Neb. 78,299 N.W. 343 Decision Date 18 July 1941 Docket Number No. 31077.,31077. Parties JOHNSON v. ANDERSON. Court Supreme Court of Nebraska 140 Neb. 78 299 N.W. 343 FRANK M. JOHNSON, APPELLEE, v. ANDERS E. ANDERSON, APPELLANT No. 31077. Supreme Court of Nebraska. July 18, 1941. Syllabus by the Court. Every special promise to answer for the debt of another person shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith. Appeal from District Court, Dawson County; Nisley, Judge. Action at law by Frank M. Johnson against Anders E. Anderson to recover a balance allegedly due the plaintiff from the defendant for services rendered by the plaintiff as an attorney at law. Judgment was for the plaintiff. From the trial court's order overruling defendant's motion for a new trial, the defendant appeals. Judgment reversed, and action dismissed. Jeffrey & Padley, of Gothenburg, for appellant. Cook & Cook, of Lexington, for appellee. Heard before ROSE, EBERLY, and YEAGER, JJ., and KROGER and ELLIS, District Judges. EBERLY, Justice. This is an action at law to recover a balance alleged to be due the plaintiff from the defendant for services rendered by the plaintiff as attorney at law for one Griffith, defendant in a case entitled, State of Nebraska v. Griffith, at the trial thereof in the district court for Dawson county. There was a trial to the court, a jury being waived, resulting in a finding and judgment for plaintiff. From the order of the trial court overruling his motion for a new trial, the defendant appeals. The question here litigated by the parties, and presented by their briefs, is the applicability of our statute of frauds to the oral contract in suit. Plaintiff's petition alleges the employment of plaintiff by Anders E. Anderson on or about the 1st day of March, 1935, to defend Donald Griffith in the case of State v. Griffith; further, that the services were performed pursuant to contract and that on April 3, 1935, it was agreed between [299 N.W. 344] Anderson and plaintiff that $500 was the fair and reasonable value for the services which plaintiff had performed; that plaintiff had received the sum of $300 thereon and the defendant then and there agreed to pay the remaining sum of $200 as soon as he, defendant Anderson, had disposed of some crops. Defendant Anderson, in effect, denied the making of the contract with plaintiff, and alleged that he was in no way indebted to the plaintiff. According to plaintiff's testimony there was no definite arrangement between himself and Anderson for payment prior to the completion of the trial of State v. Griffith in the district court. The trial of this case was commenced on the 19th day of March, 1935, and terminated on the 23d day of the same month, and resulted in the acquittal of the defendant. Plaintiff Johnson's services for which recovery is sought had been fully performed prior to the oral agreement of Anderson on which plaintiff relies. On cross-examination the plaintiff, Johnson, testified as follows: “Q. Now, for the purpose of the record, you are... ______________________________________________________________________________ [ captured from https://www.nebraska.gov/apps-courts-epub/public/supreme ] [ https://www.nebraska.gov/apps-courts-epub/ ] ---------------------------------------------------------------------- REPORTS OF CASES IN THE Supreme Court of Nebraska JANUARY.AND SEPTEMBER TERMS, 1941, AND JANUARY TERM, 1942 VOLUME CXL ---------------------------------------------------------------------- 78 NEBRASKA REPORTS [VOL. 140 FRANK M. JOHNSON, APPELLEE, v. ANDERS E. ANDERSON, APPELLANT. 299 N. W. 343 FILED JULY 18, 1941. No. 31077. Statute of Frauds. Every special promise to answer for the debt of another person shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith. APPEAL from the district court for Dawson county: ISAAC J. NISLEY, JUDGE. Reversed and dismissed. Jeffrey & Padley, for appellant. Cook & Cook, contra. Heard before ROSE, EBERLY and YEAGER, JJ., and KROGER and ELLIS, District Judges. EBERLY, J. This is an action at law to recover a balance alleged to be due the plaintiff from the defendant for services ren dered by the plaintiff as attorney at law for one Griffith, defendant in a case entitled, State of Nebraska v. Griffith, at the trial thereof in the district court for Dawson county. There was a trial to the court, a jury being waived, result ing in a finding and judgment for plaintiff. From the order of the trial court overruling his motion for a new trial, the defendant appeals. VOL. 140] JANUARY TERM, 1941 79 The question here litigated by the parties, and presented by their briefs, is the applicability of our statute of frauds to the oral contract in suit. Plaintiff's petition alleges the employment of plaintiff by Anders E. Anderson on or about the 1st day of March, 1935, to defend Donald Griffith in the case of State v. Griffith; further, that the services were performed pursuant to contract and that on April 3, 1935, it was agreed between Anderson and plaintiff that $500 was the fair and reason able value for the services which plaintiff had performed; that plaintiff had received the sum of $300 thereon and the defendant then and there agreed to pay the remaining sum of $200 as soon as he, defendant Anderson, had disposed of some crops. Defendant Anderson, in effect, denied the making of the contract with plaintiff, and alleged that he was in no way indebted to the plaintiff. According to plaintiff's testimony there was no definite arrangement between himself and Anderson for payment prior to the completion of the trial of State v. Griffith in the district court. The trial of this case was commenced on the 19th day of March, 1935, and terminated on the 23d day of the same month, and resulted in the acquittal of the defendant. Plaintiff Johnson's services for which recovery is sought had been fully performed prior to the oral agree ment of Anderson on which plaintiff relies. On cross-examination the plaintiff, Johnson, testified as follows: "Q. Now, for the purpose of the record, you are relying on your claim of $200 on the promises made by according to your testimony, on the promises made by Anders Anderson on the 3d day of April (1935) to pay this fee, is that correct? A. That is correct." The evidence in the record shows without dispute that prior to the 3d day of April, referred to in the testimony quoted above, there had been no definite contract of employ ment between Johnson, the plaintiff, and Anderson, the de fendant. On such 3d day of April, after all services of at torney Johnson in the case of State v. Griffith had been com- 80 NEBRASKA REPORTS [VOL. 140 pleted, Johnson testifies an oral conversation was had and an oral agreement as to fees was entered into between him self and defendant, Anderson. The following excerpt from Johnson's testimony discloses his claims as to the nature of this oral agreement and the terms thereof: "Mr. Ander son asked me how much or how large a fee I thought I should have for the services rendered, and I told Mr. Ander son that if it were people who had any amount of funds, that for the services I had rendered and the results accom plished, I could very reasonably charge a fee of $1,000, but under the circumstances, I thought that was too much; and he said, 'Well, if I could make some arrangement on my own part to help out, what do you think you ought to have to fairly reimburse you?' I told him if he had any idea of doing that, I wouldn't have to call upon Dawson county for an additional contribution in the case, that it had had to pay all the court costs, the witness fees, and that was quite an item, that I would take $600 if he would pay the differ ence between what he had collected by subscriptions, and $600, I would feel satisfied. He sat there and thought for quite a little bit, and said, 'Well, will you take $500 if I make up the difference myself?' And I said, 'Well, when would you want to pay it?' He said, 'Well, I will give you a check today to add enough to the contributions so that you will have $300, and I will pay you the additional $200 so you will get $500. That is, $500 in all.'" This oral offer, Johnson testifies, was made by Anderson, and by plaintiff orally accepted, and was the agreement upon which he relies for recovery. This testimony was substan tially denied by the defendant, but the district court deter mined this issue of fact against the defendant. The latter on appeal contends that the oral engagement or contract relied upon is void under our statute of frauds. This con tention we find must be sustained. There is no definite con tract of employment for Johnson's services as attorney in the case of State v. Griffith established by the evidence in the record prior to April 3, 1935. No definite obligation existed between these parties on that subject prior to that VOL. 140] JANUARY TERM, 1941 81 date. The amount due for these attorney fees was not the debt of Anderson and such services were fully performed and completed at the close of the trial in the district court on the 23d day of March, 1935. It affirmatively appears that this oral agreement was not reduced to writing, nor was such agreement or some note or memorandum thereof signed by the party to be charged therewith. This claimed oral contract is strictly within the following provision of our statute of frauds: "In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and sub scribed by the party to be charged therewith. * * * Second. Every special promise to answer for the debt, default or misdoings of another person." Comp. St. 1929, sec. 36-202. In the present case the oral promise as claimed was, in effect, to pay a primary debt of another antecedently con tracted, and no new consideration moved to the promisor. Under these circumstances, "It is said that a consideration to support a promise, not in writing, to pay the debt of an other must be of a peculiar character, and must operate to the advantage of the promisor, and place him under a pecuniary obligation to the promisee independent of the original debt, which obligation is to be discharged by the payment of that debt." 25 R. C. L. 495, sec. 79. See, also, 27 C. J. 134; Morrissey v. Kinsey, 16 Neb. 17, 19 N. W. 454; Union Loan & Savings Ass'n v. Johnson, 118 Neb. 17, 223 N. W. 467; Rose v. O'Linn, 10 Neb. 364, 6 N. W. 430. In the instant case, it is obvious that the oral obligation relied on is clearly within the inhibition of our statute of frauds, and that no recovery can be sustained thereon over the objection of the party sought to be charged. In the entry of its finding and judgment the district court erred. The judgment is, therefore, reversed and the action dismissed. REVERSED AND DISMISSED. ______________________________________________________________________________ see also: https://negenweb.net/NEDawson/index.html https://www.familysearch.org/en/wiki/Dawson_County,_Nebraska_Genealogy https://negenweb.net/NEDawson/19pltbk/coyote.html https://negenweb.net/NEDawson/19pltbk/images/2coyote.jpg Abbreviations: Sec, section; ac., acres; wf., wife; ch., children; ( ), years in county; O., owner; R., renter. Andersen, Anders E. Wf. Ella; ch. Edna, Thorvald, Lulu, Lloyd, Dorothy, Edith. P. O. Cozad. O. 161.89 ac., sec. 18. (30.) https://www.findagrave.com/memorial/11089042/jacob-thomas-kirkpatrick ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________