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THE ALLIANCE, HERALD. FRIDAY, SEPTEMBER 9. 1921
Col. Evans Loses Suit
to Regain Possession
of Gifts to Daughter
Willard M. Kvan was unsuccessful
in county court Wednesday morning
in Retting J ml go Tash to countenance
his actions in takintr lack a number
if gifts made to liis riauuhter, Mrs.
Jennie Ilolibn, end hi three jrrund-
dauKhters. At the close of a hear
ing: over his suit in replevin, Judge
Tash is.med an order directing him to
ix turn a two-seated Fprinir wagon,
some silver knives, three wrist watches
and $tf5 in money, which Mr. Kvans
testified that he had given to his
granddaughter, I.ulu, on condition that
hhe use it to defray her expenses in
Attending school. j
According to the testimony, Mr. '
Evans made his homo a part of the
tinm with his daimhter and son-in-law,
Harrison Kolihins, on a farm that
he had presented to his daughter some
years ago. The rest of the time he
spent at Alliance, or wth a son. The
Robbing live six miles southeast of
Marsland.
Some time during the summer, he
ordered the spring wagon from the
Newberry Hardware company, pay
ing them $1"0 cash therefore. He
then went to his daughter's home, and
.according to her testimony, told her
that he had a present for her. He
irged his son-in-law to go to Mars
land to get the buggy from the
freight house, but Mr. Hobbins de
clared he was unwilling to do this
U-cause he "knew it would make trou
ble." They were prevailed upon to
do so. however, and got the wagon.
Mr. Evans insisted that he did not
make his daughter a erift of the wagon
ut had purchased it because the only
vagon on the place was a two-seated
affair, and there wasn't room in it
for him to ride. His daughter testi
fied that he had urged her to accept
the pi ft because the old buggy was
unsafe. Mr. Robbins, the ,-on-in-law,
later intimated that his reticence in
.nrropt:ng the wagon was because he
Hid not fancy the company of his
father-in-law. "Was I under any ob
ligation to take him if I did have a
buggy?" he asked on one occasion,
iind later remarked that he didn't
care for Mr. Evans' presence or hus
tcmpany.
The three wrist watches were pur
chased by Mr. Evans for $f,0, and
iven to his three granddaughters as
Christmas presents. Mr. Evans ad
mitted this, and declared that tne omy
reason he wanted them back was be
cause his granddaughters hadn't be
haved properly toward him. "They
stuck out their tongues at me," he
.said, "and made faces. I didn't think
Ihev deserved to keep them."
The silverware was also a Rift to
his daughter, i-he testified, although
Mr. Evans insisted that he had pur
chased them and had told her .he
could v e them. The iJKi.'i was given
to the oldest granddaughter to be
used to go to school, but Mr. Evans
declared that she h:.d put the r.mr.ey
in the bank and had drawn $."0 of it,
and hail taken no steps toward going
to school.
The testimony showed plainly that
Mr. Evans had been on the best of
terms with his daughter, .son-in-law
iind grandchildren until the middle of
August, when he had a row with his
jon-in-law and was ordered off the
place. He insisted on testifying, des
pite the efforts of his attorney and
th'e opposing attorney, that his son-in-law
had knocked him down, but
the son-in-law insisted the old gentle
man had tumbled over a crutch. It
.appears that after the quarrel he was
requested to leave and did go the next
morning. His effects were either
taken with him or sent to him. Some
of them he missed, among the things
missing being a pair of scissors and
a tablet of writing paper and half a
!ozen stamped envelopes. He had
looked through his stuir, he said, but
couldn't locate them. His daughter
declared she had sent them, and Sher
itf Miller was unable to locate them
on the premises.
During the trial, Mr. Evans insisted
on commenting on the testimony of
liis daughter and her husband, some
of the comments being quite uncom
plimentary. The son-in-law made it
;ually plain that he didn't cherish the
miniory of his father-in-law, nnd that
he didn't give two whoops if he never
saw the old gentleman again.
Judge Tash, in reviewing the testi
mony, declared that it was apparent
that Mr. Evans had, made gifts to his
daughter and the members of the
family, and that he was trying to re
ch'I tiiem after the row with his son-in-law.
He found in favor of the
defendant, and ordered that the ar
ticles be replevined or paid for. The
costs were taxed to ihe plaintiff.
Following the trial, Mr. Evans ap
peared in the court room twice. The
fust time he called on heaven to wit
ness that he was through with his
daughter and her family for good and
all. "I never want to have another
thing to do with them," he said. "I
never want to see them or hear from
them ayain. I don't even want them
to come to my funeral," he said.
Mr. Evans was represented bv
County Attorney Ilasye, while William
M:tchell appeared for the defendant
King Rhiley of Oshkosh
Wins First Place in Auto
Race Up Pike's Peak
King Rhiley, of Oshkosh, Neb., who
has a wide circle of friends in this City,
generally, won the Penrose trophy and
national fame at Colorado Springs
Monday by leading all other drivers
in the climbing of I'ike's Peak in 19
minutes 10:1-5 seconds. He drove a
Hudson car to victory over a field of
drivers entered from virtually every
great automobile manufacturing con
cern in the country.
The Penrose trophy went to the car
making the best time, regardless of
the class or event in which it was en
tered. Otto Eoesche in a Lexington
special was second, being only .'II .'l-.r
second behind Rhiiey. While there
was no accidents to mar th event
Rhiley narrowly missed death on the
first turn when his car struck a soft
spot in the road an; skidded to with
in six inches of a vawning gulch. He,
all the way to the finish line, took
curves in a death defying fashion and
the crowd of 10,000 persons were
thrilled at the pilot's .'kill in maneu
vering. The cash prize received was $r00
but the trophy and the international
advertising gained by the victory will
place Rhiley in the very first rank in
auto circles throughout the entire
world, which in itself is worth far
more than the direct monetary con
sideration involved. Eighteen car.
started in the race and thirteen of
them finished, which is in itself a
rather remarkable record, when the
difficulties of the course is considered.
A well-known French scicnti.-t is ex
perimenting with caterpillars as a cure
for tuberculosis. We nay have to give
up our long research towird discover
ing a cure for caterpillars.
C.B.&Q. Railroad Wins
Suit Against M. Nolan
for Value of Grain Doors
Thursday morning in county court
the C. P. & Q. Railroad company was
tmxn judgment for $i 0. tic, with in
tercut from July I, Hainst Michael F.
Nolan, representing the courts judg
ment as to the value of fifty-two iirain
doors, of which the company alleged
that Mr. Nolan had wrongfully and
unlawfully assumed possession. The
plaintiff was represented by Attorney
Penro.-e Romig, wlvle Eugene llurton
appeared for the defendant,'
The plaintiff intiodueed five wit
nesses. Thomas J. Smith, special
agent, testified that during the first
part of .July of this year he visited
the Nolan ranch, twelve miles south
west of Alliance, and while there he
saw a quantity of grain doors, most
of them stenciled with the C. P. &
(.. brand. These doors were being
used as walls to various sheds and
cutbuildinirs. Six photographs were
introduced in evidence. The Hurling
ton claimed damages at the rate of
'2'ir, each, or a total of J 117.
S. II. Cole, freight agent: O. P.
Tracy, car foreman; W. P. Ioomis,
claim agent, and II. O. t.ondit, store
keeper, testified also, giving the court
stories similar to that told dv mr
Smith. None of the five witnesses
could swear that they knew positively
that uny of the grain doors were ever
in the possession of the Burlington,
or that the defendant ever took any of
them, but the court expressed the
opinion that the doors had at one time
been in the possession of the com
pany, nnd decided that unless thei :e
findant could show how he came into
possession of them legitimately, he
would have to pay for the property
he had converted to his use. Attor
ney Burton moved to dismiss, but the
motion was overruled.
Judge Tash declared that possession
r.r.d leen proved bv satisfactory evt
dence, and that the identification was
the same as that ased by cattlemen
the stencil being the same as a brand
was acceptable in any court in the
country. He offered the defendant an
opportunity to show how he came in
possession of the doors, either by pur
chase or borrowing, but the defense
refused to introduce testimony. The
judge held that the Burlington hail
failed to demonstrate that the doors
were worth as much as they wanted
to collect for them, and arrived at
what he considered a satisfactory
value. Mr. Condit had testified that
the ori';nal cost was $1.29 each at
Rapid City, where they, were manu
factured; that freight would bring the
total to $1.(53. and allowing a fir
price for unloadm? and handling, the
value w:;s set at J 1.70 for new doors.
Inasmuch as these were not new. a
20 per cent allowance was iivule for
wear and tear, and judgment rendered
ftccoiilinijly.
LAKESIDE
Pied Blumer returned last week with
a bride from Lexington. Mr. Blumer
has many friends here.
Mrs. Bertha Heboid has moved her
family out on a ranch northwest of
Lakeside.
Alls. (Jeorge Pollard and children re
turned Friday fro.n a few weeks' visit
with iclatives and friends in Norton,
Kansas.
Mr. and Mrs. P. F. (lillisnie and son.
Jack. - nt the latter part of the wei k
in Alhanc.
lb ui e Hunsaker and Roy Skile
were down from Aliance Friday.
The Lakeside developing Co. start
ed dulling for oil Saturday.
Miss laving, principle of the Lake
side school, arrived .Saturday.
Agent J. E. Roe, Chas 1 1 itt and E.
B. Jameson drove to Aliiance Saturday
evening.
Jack Kennedy nnd Harlev Lancaster
of Ellsworth, were in town Saturday
evening on business.
Pr. Moore and two daughters were
in lakeside on business the latter part
of the week.
Operator T. V. Cot man returned to
Lakeside Saturday.
Mr. Quiet was a west bound pas
senger Sunday.
Miss Poris Wilson left for
Angles, Calif., Sunday.
Mrs. William Chase and little daugh
ter arrived Sunday fom Minatare for a
visit with the Hudson.
Mr. and Mrs. Todd Whaley of Al
liance, and two aunts, Mr. J. L. Stab
ler and Mrs. A. M. Johnson of Bur
lington, la., were guests at the I. P.
Whaley home here Sunday and Mon
day. Miss Wilmn Westover return"!
home Sunday from the hospital at Al
liance where she underwent an opera
tion for appendicitis a few days ago.
She was accompanied by a trained
nurse. She has the wishes of her
friends for a rapid recovery.
Claire Wilson was in lakeside Sun
day. The Lakeside second team played
ball here Sunday with the Nebraska
Blues. The home team won the game
!by
a score of 57 to 7
Miss Ruth Pollard wnt to Alliance
Sunday where .-he will attend hijjb
school this term.
) Mrs. A. M. Wilson was a west bound,
' pasenger Sunday.
The Misses Mote and Srhill of AU
Jinnee arrived in Lakeside Sunday Uk
j teach school this term.
I Lakeside first ball team played A
' Alliance Sunday and were dcfeateU
Automobile engineers should gix
their attention to designing a car thfc
will turn something else besides lurti").
tamttumtwtmwnatttaammrrt
H. i. HAl'MAN, O. D. g
LBaumen,
OP-TOMETRIST
aim
W it x
aiieiieske
MMI. ,
Hffereni
A ToeKnicaJ TaJM k. "
WfMan (or ttw Lajnnan iJ TTV
Alliance Tire Works
Geo. Mintzer, Prop Times Dldg.
Alliance, Nebraska.
Ready For Action!
Our supply of furnaces is now here, ready for ac
tion. The time is short when you may need this some
cool morning. Make sure you are prepared by seeing
us at once.
We Know Our Prices Are Right on a Positively
Guaranteed Furnace
Again we urge you to see us regarding your heat
ing problem at once.
Rhein Hardware Company
Prompt and Courteous Service
NEW PRICES
on
FORD CARS
The new prices on Ford Cars, Trucks and Fordson Tractors,
effective NOW, arc:
F. O. Ii. Factory
Touring Car, regular $355.00
Touring Car with starter 425.00
Touring Car, with starter, demountable rims . . . 450.00
Runabout regular 325.00
Runabout with starter 395.00
Runabout with starter, demountable rims 420.00
Sedan GG0.00
Coupe 595.00
Truck, demountable rims 445.00
Fordson Tractor (No change in price) . G25.00
(Freight and War Tax Extra)
These prices represent the latest reduction in the price of Ford
Cars, the third reduction within the last year, and now offer to the
motoring public FORD CARS at the LOWEST FIGURE EVER
QUOTED on Fords.
COURSE Y & MILLER
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