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August 7, 2014     Jewell County Record
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i: Innovative Wide-Area Shopping and Feature News aspa This Leader published the week of August 4, 2014 of the Jewell County Record, Hebron Journal-Register, Clay County News, Nebraska Signal and The Superior Express. The next Leader will be published the week of August 18, 2014. MoPe Than 30,000 Readers Early murd One early Nebraska murdercase from the late 1850s is remembered chiefly for its connection with the subsequent legislative repeal of the entire Nebraska criminal and civil code. Simpson Hargus and James E. Lacy (or Lacey) on April 23, 1856, had a violent argument over a piece of land near Nebraska City. It ended in the shooting of Lacy, who died two days after the assault. Hargus was arrested, indicted for murder, and brought to trial early in January 1857. In spite of all his attorney, Allen A. Bradford, could do, he was convicted by the jury of manslaughter, and sentenced to payment of a fine and imprison- ment. Meanwhile the third session of the Nebraska Territorial Legisla- ture, ofwhich Bradford was a mem- ber, met in Omaha. Bradford intro- duced a bill to repeal the criminal and civil laws of the territory and managed to get it through both houses of the state's then two-house legislature. Robert W. Furnas on March 5, 1857, said in the Ne- braska Advertiser that the mem- bers of the upper house had voted for the measure on Bradford's as- surance that it only repealed the conflicting portions of the criminal code, not the entire body of laws. The bill was vetoed by Territorial Governor Mark Izard, who called the attention of the legislature to the serious consequences that would surely follow. After some debate, however, the bill was passed over the governor's veto. When Hargus's conviction was appealed to the Territorial S upreme Court in January 1858 by John F. Kinney, who had replaced Bradford as Hargus's attorney, ~t was re- versed on the grounds that the en- tire criminal law had been repealed by the act, with no saving clause for actions already pending. There- Attorney John F. Kinney suc- cessfully appealed Hargus's con- viction for manslaughter to the Supreme Court Qf Nebraska Ter- ritory. From Alfred T. Andreas, History of the State of Nebraska (Chicago, 1882). fore Hargus could not be punished. A civil suit brought against Hargus on behalfofLacy's family by Oliver P. Mason was likewise unsuccess- ful. Judge Eleazer Wakeley ruled that the civil code had been re- pealed along with the criminal code and that the estate of the murdered man could not recover damages. The court further held that although "on the 13th of February, 1857, the date of the repealing act, a new civil code was adopted in place of the one repealed, containing the identical provisions above quoted," yet because this second act did not take effect until the following June, it did not cover the Hargus case. Suspicion about Bradford's mo- tives in promoting the repeal bill was widespread. It was charged that he had introduced it for the sole purpose of allowing his client, Simpson Hargus, to escape any penalty for his crime. However, J. to historic legislative repeal F. Kinney (in a lengthy reminis- cence of his role in the case, pub- lished in J. Sterling Morton's The Conservative on Oct. 24, 1901) de- nied the charge and linked Bradford's actions to an ongoing fight to remove the territorial capi- tal from Omaha. Kinney said: "Judge Bradford was a member of the legislature at the time, and as he had been of counsel for Hargus, it was said by some that he accom- plished this result for the very pur- pose of shielding Hargus from pun- ishment. But this is simply absurd, ... It is true that Bradford voted for the repealing bill, but he, with many others from the district south of the Platte river, was an ardent advo- cate for the removal of the capital from Omaha, and the measure hav- ing been defeated, they 'donned the war paint,' and while they were not strong enough to pass the bill to remove the Capital, did succeed in forcing the repealing act through, in order to compel the governor to call the legislature together in extra session to restore the crimirial code, thereby giving the friends of the removal project time to bring a public pressure to bear upon the opponents of the measure to in- duce them to support the removal bill." Whatever the reason for Bradford's actions, it didn't stunt his subsequent le~'al and political career. In 1860 he moved from Nebraska to Colorado Territory, where he was appointed to the ter- ritorial supreme court in 1862; and was elected to the Thirty-ninth Congress (1865-67) and to the Forty-first Congress (1869-1871). He died in Pueblo, Colo., in 1888. To learn more about the pro- grams and services oftheNebraska State Historical Society, call ! -800- 833-6747, or visit our website at www.nebraskahistory.org. : . :: i : . " : " . " :: ::: : , Allen A. Bradford was featured in this rendering in Lippincott's Magazine, December 1880. Bradford represented a client in an early Nebraska murder trial that resulted in the repeal of the entire Nebraska civil and legal code. He relocated to Colorado Territory in 1860. By Dr. E. Kirsten Peters It certainly sounded like a fad to me. A while ago I caught a pro- gram on public television about a medical doctor in Great Britain. Dr. Michael Mosley, like millions in both that country and in the U.S., found that in middle age he needed to lose weight and lower his blood sugar and choles- terol levels. Mosley works as a journalist for the BBC and has decades of experience talking with scien- tific researchers on a whole range of topics. In connection with one of his programs, he had a MRI of his bodY. The scan indicated he was "thin on the outside,.fat inside," meaning he had deep-seated fat wrapped around his organs. He was also mildly overweight. At 5 foot 11 inches, he weighed 187 pounds, giving him a body mass index of 26.4 (the recommended range is 19 to 25). In addition to all that, Mosley's blood sugar was mildly elevated. After taking stock of his situa- tion, Mosley decided on a bold way of trying to lose weight and get his body into better shape. In- stead of counting calories each day or avoiding carbs, Mosley decided to experiment with what I'd call "light fasting." Mosley's approach is described in his recent book called "The Fast Diet: Lose Weight, Stay Healthy, and Live Longer with the Simple Secret of Intermittent Fasting" (written with journalist Mimi Spen- cer). The crux of Mosley's approach is to restrict calories a lot, but only two days per week. The days should not be consecutive. Mosley opted for Mondays and Thursdays, and that's apparently a pretty common pattern for adherents of the diet. Men are allowed 600 calories on their fasting days, women 500 calo- ries. What made the deprivation tol- erable to Mosley (and later Spen- cer, who has also followed the plan) is that "there's always tomorrow." In other words, a person is only one day away from being able to eat normally. Mosley eats a small breakfast and a light supper on his fast days, with nothing in between. Spencer allows herself such things as an apple for a snack. But the plan remains the same: greatly restrict- ing calories on two non-consecu- tive days of the week (or one day for maintenance). After three months, Mosley's weight was down to 168 pounds (a loss of almost 20 pounds). That changed his BMI to 24, a fine value. In addition, Mosley's fasting blood sugar had evolved to be in the good range But many a diet can work for a person in the short run. What really matters about weight loss is keep- ing it off. Two things seem pretty clear to me about the fasting plan. First, people should try such a seri- ous rearrangement of eating pat- terns only after consulting with their health care provider. Second, it's worth a go only if you are willing to make the commitment to intermit- tent fasting for the rest of your life. Dr. E. Kirsten Peters, a native of the rural Northwest, was trained as a geologist at Princeton and Harvard. This column is a service of the College of Agricultural, Human, and Natural Resource Sci- ences at Washington State Univer- sity. ATTENTION FARMER-FEEDER For Prompt Removal of Dead Cattle and Horses Please Call Frank At: S&S Products: 1-800-919-8360 6 Day Service 7 Day-24 Hr. Phone Service $15 Charge on 24-30 mos. Southern Nebraska Coverage or older cattle & Kansas Coverage in These $60 Charge per Horse Counties: Jewen, k~tchell, Cloud, Republic & West half of Washington NOTE TO CATTLEMEN: The $15 charge on older cattle is based on USDA rulings requiring plants to remove brain stems & spinal column from cattle. The $15 charge will be used to cover costs of such procedure. We appreciate your understanding of this charge.