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About Plattsmouth herald. (Plattsmouth, Nebraska) 1892-1894 | View Entire Issue (Oct. 6, 1892)
,1 THE WKEKLY HERALD: PIATTSMOUTH, NEBRASKA, OCTOBER C. 1892. 8 I I r i i J : c e li f v THE GARNISHEE CASES. Called up in Justice Swearin gon's Court PART OF THEM SETTLED. A ComDllcation of Legal Techni calities Exhibited In the Car nlshne Cases Now Pend ing at Council Bluffs. The World Herald thin morning has the following to say eoneernin the garnishee cases perilling in Justice Sweari gen's court in Council Mull's which were called up yester day: . "Twenty-live cases were .settled without trial by the payment by thi? defendants f tlie money claimed from them, together with court cr,i-t.-. Kighteen of the other were found to be of no account be cause of tin fact that the parties ..tied unJ ganiinhrd had nothing coming to them 4tnin the I ;nrl i n Li -ton A Missouri. The trial of the lir.Ht case of the remaining twenty live was .set foi yesterday, and it was heard an 1 submitted, although there was a mi iking l-.rl; of im portant u i! ne.-e.-. The r-st for this absence ue eloi.-rl v.'l.en the attornej for the Sim i City parih-.s showed an injtim't'oti proi un.l at riattsiiioiiili, iiii;1 i.-stii-d Irom the court of Hon. Samuel Ch.ipman in a suit entitled ('. li. luk- and others against i'. J. 1! inset! and others. I.i tilis'silit the plaintitls .are the railroad men whose wages were garnished iu the twei.ty live remaining units, and the defend ants aiji" the parties who originally held the claims against tlie plaiu titfs, and who, it is alleged, trans ferred without consideration and fraudulently these claims to W. K. Fruserat Siouv City for the purpose of avoiding the Nebraska law. of exemption. Iu the petition iu the injunction it is recited that the alleged claims were fraudulently transferred to eraser, and the plaintitls declare that it is impossible lor (lie suits against them to be pushed here without the assistance of the J'latlsiuouth iiii-ii, who are alleged to hav transferred their claims to Fraser. They then-lore ask for an injunction preventing the defend ants from being present, aiding, abetting, assisting or iu any man ner helping Fra.cr in his suit by giving tesliiiilnty, as witnesses or any other manner. Judge Chap man issued the injunction andthe Sioux City panics have been driven ti file an amended and substituted petition iu all their suits mid have attached special interrogatories anil they ask the court tu order the witnesses to be present and an awer the name. It is thought iu Miis manlier they cam compel the wit nesses to be present and testify in spite of the injunction. The issuances of an injunction by a Nebraska judge to prevent person from appearing before a court in the state .of 'own as witnesses makes, the situation decidedly novel. The suits now pending here have caused an immense lot of trouble iu I'lattsiiioiith since they were started. A number of the persons wlio originally held the claims and transferred them to Sioux City parties have been arrested on ac count of their alleged violation of the Nebraska statute, and threats have been made by the railroad men against whom the garnish meiis suits were brought to have Webster and H. S. Dunkel of Sioux City, who has been assisting in the prosecution of the suits, arrested if they are ever caught on Nebraska soil." Thirty Years Separated. Allen Mecson of this city is en jojinga visit from his brother ami two sisters. This morning Mr. Heeson of K'ed Oak, la., and Mrs. Holmes of KUiot. la, and Mrs. Tuhieol Prairie City,' Illinois, ar rived to visit with their brother. Allen Heeson. It is the lirsl time in thirty years that the four have been together, although they have all met several times dutii.g that period, but as it happens it is Jhe fust time they have all met at one time and Mr. Heeson feels very proud over the fact that they concluded to meet with him. II. A. Waterman A Son have at last settled with the insurance com panies for the loss sustained by the recent fire. The opera house was insured for .f.M.tKW. The insurance company refused to pay the full amount and Mr. Waterman settled with them for yjl.htxi. As to the re building of the opera house Mr. Waterman has not as yet, made up his mind as to the course he with pursue, hut TllK HfikALD hope he will conclude to rebuild at oner. Good millet hay for sale by J. C. Kikenbary. Leave orders at the .Herald ofliee. PEOPLE AND AFFAIRS. WHKKK IS 1 1 AT ? I nit me Ihtc. 'lay utter day, ' llencath these liable Kriin uud f'-ray ' I wonder it it's 1411111U to pay. An. I sume t'liics I'm can-trained to say, "Where Bin I ut?" (In Tammany my thought will itay, About my leaders cone Hstruy, Who lift their h.'ailsutiil cry, "Nay, nay!' Ami u sucli times I have to my, "Where are they at ?" For David Ueiuielt Hill I pray, That he may seek the Letter way, Vet does he riot so far astr.iy Has David one tliut I must say, "Where Is heut i" The while h'Mise glimmers through tin rav In v. h li ll I w tins a ill limn clay ; I soiiietinii' I h ink I've lost th way. An I then in he terne-s I say, "Where is it at?" Mon.lay afternoon a horse and cart belonging to John Karnes ran away and went a tearing flown Main street and at the comer o Main and Fourth street collid--' with Harvey Sago, throwing him down breaking his b it arm 'at th eloo.v, liesnies olllerwi-e l.riiisitig him. A free morning saloon for all light occurred this at Hernia a Kleit-ch's in which Jake. Cullman, 'Herman Ivb itsch, I'led Kgeiibcrgcr Were v TJ proiliill (en. Hillings, md MalK While ill, Coll man and While be The matt ng somewhat du-iigured. r i.s being aired in police court as 'f I Hi II goes to pre-s. The republicans county co'iveii was the most harmonious one held in years, which is an evidence that the lYpiihlica'i.-, ale working in iinsinn. 1 lie tu'Ket iioimimtcii is one that commends itself to the voters of Cass county. The nomi nees are all well-known in Cass county and are all well qualified for the office they aspire too. TllK IlENAUi predicts that the whole ticket will be elected with good majorities. The Kagle Kaglet of last week has the following to say: "Last week two strangers ciuie to Khuwood on a farm buying expedition. After lookingat several and entering into negotiations they succeeded in passing two checks through the banks for $17 each, with the forged signature of Walter Adams of Kagle attached. As soon as the i hecks passed through the clearing house and were presented for payment to the Hank of Kagle the forgery was discovered. A LAN'PM AKK ( .D.Nli. Another old landmark was de stroyed by fire at l'-':: p. in. at Ne hawka yesterday. The frame school house, which was built iu Witt, was burned to the ground. It was valued at ,f:K) with no insur ance. A new school building, to cost IfCi.lXK) will soon be erected. (rover Cleveland has written other letter. au- I'KC'l'l.t A k" AND PAINH t. ACCTDK NT. Several freight cars ran off the track at Grand Island yesterday, uud, while the railroad employes were getting them on, a crowd gathered around. John Iuiuiel was among the onlooks, and when the engine pulled the cars by a long iron rope the link slipped. Hew through the air like a shot, and struck Inline! in the cheek, literally tearing it open from the cheek bone down. The link penetrated so deep that it had to be pulled out. The molar bom; is compeletly gone. Innnel remained conscious through it all, even during the two hours it took the surgeons who attended to bandage the wound. It is now be lieved that he may recover. Ini mel's home is in Indiana, and he arrived there but a few weeks ago. STRICTLY IN IT. A dispatch iu the morning papers dated at Keewanee, 111., says: "Nebraska on Wheels" was sailing today over territory visited last year and no less than Kl.iKK) visited the train at Oneida, (inKi, and Ke wanee. The train was opened this evening to accomodate the crowd. v... i. : i . , , .oiiniig worus oi praise was heard on all sides and they all say, "We believe you." Several heavy land owners and money lenders have visited the train today, and all say they think their investments are first class. r. H. Moore, one of the advisory board, has gone into Chicago to per fect arrangements with the Wabash road for our eastern trip. Tumor row the train will complete its tour over the Hurlington route, iroinir to Chicago and leaving early Wednes day morning for North Winchester, Ind. District fair officials of Water loo, Ind., wired the exhibit manage ment today requesting the train to visit them this week. Owing to the route being billed in advance it was impossible to comply with their request. (Juite a sensation was caused on train No. 3 at the Ashland depot last evening. Seven young hood- hints went down to Ashland on the freight in the morning from Lin coln, arriving there at 3 o'clock. Several robberies were committed during the day, and some money stolen, and suspicion was directed to this gang of seven. The officers followed them to the depot, and when about to arrest them they rushed upon the cars, followed by the officers. A chase through the cars took place and they were finally captured and searched. Considerate amounts of money and also a lady 'a gold watch were found secreted upon them. It ia gen erally believed to be a gang whose capture would b-j of . interest lo some community. Anderson Koot of Murray, has sold his farm and w ill now have a pub'ic sale on the 14th, selling oil his stock.etc Mr. Koot contemplates removing his family to either Ari.ona or California In the t-priug. k'ev. H. U. Htirgessj met with a painful accident Monday. A horse J was tied on Main street and became entangled with a hydrant and the harness, when assistance was secured and the horse was released, it in some manner struck Mr. liiirgess and he fell upon the pave ment with such force us to render him unecnseioiis for some time. loilay lie is reported to be getting ilong nicel V. .VIM sti-i koot will will si 11 idiot on J-'ri-bis ad. his h,ck t public am t ion day h-tober Hth I S'J in another column. Deputy I. ibor Coinmis-iouer Philip Andres made the following public: "The acreage ot wheat iu KM was !:'.'V;i7, the yield lD,i)K:iXl, ba.-ed upon the report of the I'nited States Agricultutv.l department. The acreage of wheat in K1'- is l.-.tt.iiiia and the crop will probably reach Sti per cent of last year's. The estimated increase in acreage in KM will be S per cent, based upon reports received up to date. It is certainly too t-arly hi the season to give any accurate figures." I'Dt.Ks' AI.t,Ki.IiD I'AI'liK. The case, on yesterday, was ably and clearly afgtied by C. S. Polk on behalf of the city. A case was called-an injunction case and a demurrer was argued by a young lawyer in a very forcible and able manner; and tlie impressive ness continued. The stoue quarries at Cedar Creek are doing a big business, last week ItV) car loads of stout was shipped from there. OEKlNi; AT I'KAWKOk'D. The Fremont Tribune in speak ing about the joint debate at Craw- ford between J. K. Frick of Kreii.ont and Matthew tiering of this city says: "Gering i.s not a student of the questions of the day. His education along these lines is derived principally from the edi torials of second-rate democratic newspapers, catch phrases, befogg ing ami misleading statements, half-told facts, which are worse than the lie outright. lie tugged and strained to tower up to Mr. Frick's height, but it was no use, he was a pigmy still. He lost himself in the maze of his own glowing rhetoric. He skipped and gamboled j about among the propositions laid down by Mr. Frick.but he disturbed them not. His Kuglish was good, his rhetoric faultless, his manner pleasing, but he produced no facts, established no principles, and left his hearers unsatisfied with lame conclusions. This morning no democrats could be found. Mr. Frick's plain, matter-of-fact manner and his candor go a great way iu fixing principles anil facts." SITUMIL I..WV nivUSloN. State Superintendent of Public Instruction Cloudy has announced the following decisions upon ques tion raised iu regard to the inter pretation of the school law: The board of education in a city may make and enforce a regulation making the suspension of a pupil the punishment for injury to or de struction of city property. It is not necessary to the validity of a vote cast at a school meeting that the voter shall be cither a citizen of the United States or that he shall have ueciareu lus intention to Decoine a citizen. In the employment of a teacher the board is not bound by any action ihe voters may take relative thereto at the annual meet ing. The tdattitcs empower the board to select and to contract with teachers. The only conditions that entitle one to school privileges in a given district are school age and residence in the district. The fact that one owns property iu the dis gives him no school rights. Super intendent Cioudy renfVirms the de cision of Superintendent Lane made several years ago to the etfect that a school board has no right to make a contract with a teacher, which contract is to be wholly or largely carried out in the year fob lowing that for which the board was organ ir.ecL OUT FROM THE AilOTHE eg -m joe ALWAYS $Zv H IBuy, uilh or Man. li he vvani 1 bv m ?4iylt uml at lite ame thnv GET THE "MOST FOR HIS MONEY llv JOE. THE STABEUlAfWS BLOCK. THE GRUEL WAR 18 OYER Peace Reigns Supreme Hitchcock County. in THE RECORDS RETURNED. The County Seat War Enas In the Demand that County Cfflcers Be Held for Contempt All la Quiet. Ccliikktsox. Neb., Oct. 4 The county seat war ended very sud denly about daylight this morning. Adjutant General Vifquain, iu re sponse to a telegram received by linn at hxeter yesterday in two hours had four companies of mili tia ready to move and trains steamed up to carry them to the seat of war. He then boarded the flyer, and arriving at Culbertson at 2 o'clock this morning wentdirectly to Sheriff H. A. Dennis' house, routed him out of bed and to together they went to the court house, where but six men were on guard. The general informed the officer that he must exhaust all his resources before the power of the state conld be called, which it was plain he had not done, and ordered him to go forthwith to Trenton, re turn with the records and stop fool ing, all of which was obeyed with alacrity. 1 lie Hitchcock county suit trouble began six years ago, an election having been held Novem ber 111, ISSil, which resulted in a vic tory for Culbertson. the vote stand ing three to one. Two years later Trenton attempted to call a second election but failed. The Trenton people made the last petition June Z, 1W-, to which Culbertson excepted, but owing to a majority of the county coauuis sionera being iu sympathy with Trenton the Culbertson people were refused permission to tile i remonstrance or contradict the petition, which fact constituted one id the main points iu the case in error brought by the Culbertson people in the supreme court. The election was held Julylti, lM'.fJ and resulted in n majority of three votes in favor of the Trenton con test. I'roceedmgs were at once begun in the district court, which will be taken to the supreme court na soon as a transcript can be made. A few days ago the officers, who are all Trenton men eiccnt the ASHES ! UNO mm THAN tint PIOMH nm JLAST WEEK. KEEPS IN THE LEflD.I: Must Hny of ONE-PRICE CLOTHIER, PUBLIC SALE. I WILL SKIX AT ITHMC Al'CTION ON FRIDAY, OCT. 14, 1892 At my farm South of Murray, the following property, to-wit : 4- head of horses and colts. 40 head of cattle, consisting of milk cows and heifers. 25 head of hogs. 1,."XK) bushels of oats. Having sold my farm everything must be sold and Will Go to the Highest Bidd Come out and buy, for I have just what you want. Sale begins promptly at 10 o'clock a. m. W. D. JONES, Al'lTIOXKKk. coroner and the commissioner, were served with a restraining order enjoining them from remov ing the records, but they refused to accept the service by wire and there is where the light began. The clerk and treasurer took an active part iu the removal, whi'.e the sherilf declared he could do noth ing. As many as fifty shots were 11 red last Sunday, and at one time four men were stood up iu a row to lie shot. Had a man been killed or even wounded, a bloody riot would have ensued. Thirty wagon loads of armed men came in from Tren ton, kicked in the court house door and began carrying out the records when the firing began. The city marshal called out the entire popu lation, with all sorts of weapons. Luckily no blood was shed, and to day both parties are laughing over their foolishness. General Vifquain this morning wired Acting Governor Majors that peace had been restoied andthe records returned. He has dismissed the. militia and released the trains. Had the sheriff done his duty the state could have been .saved about $700. Vifquain read the sheriff a lecture. VEB'Y V 0 Joe. PLATTSHOUTH, NEB. 3 two-horse wagons. - buggies. 1 road cart. And all of my farm tools and plements. ANDERSON ROM J Notice. In ilistrk t court Cuss count v, Xi-lirn-V' Joitulliiiii Adam, pluintill. vs. 1 dairies Miirliu, MaK'l"liiie Martin, (it U. BOW, UIIXilDl'lll KlIHO IIIKl M. S. f hut l!irt tiiiuif unknown, liU-ft-mltintf Tiiuliovt- mimed ilcfemliiutH. iii will tnke not ice iu,t on the K'tli (k in .-M-iiriimrr i!;r.-, jutintliHri Admits Ins iii-titiiiii in the district court of Cn uniiiiv. Aciiriiskii.t I,.ct imd prav. i.i vv hu ll lire to set nsidc deeds of Client. . Hurt, in to dnirles Martin; duirli . iiiMiu iiiiii .laKiioiine Martin to (ietirv . m 'irK';, KO!,e imd KllnlV.. i-V. i t .'i r I,"'".'"' '"rot mime Vin , i. i,,n,,IMK luwcrihei nroV ty. to wit: '1 lie north half i.,i fii,i ... f weM iiniirter, ('4i of the nort'lieiiHt nunrt J Oil nl section twenty-six UDi towiisl I .cne ini, runup twelve I2 Cuss conn Neliriisk.i.mid to quiet title of plaintiff, and to the iiIiovn tlescrilied MctuiseHt' reason of the oihii adverse iierinissi ofnlaiutiH mid his Knintors: Vii . re fpiired to answer nn or liefnre the 17 th it Notice of Lease of School Lands Xotieeis hereby KV1. tlmf f, , mid contracts on the fllwiK descrhV school Imuls have U-eti cancelled l,v t' MM.nl f educational lauds mid fund's m if not reinstated l.y puvmetit of del ipient interest or lease rental due si lands will he ottered for lease ,v in oi v ass coir i 1'Ji "t'V.'.-.,llv.V" "''th day of X.'.f k lti liW' ' X" I luted I.Iii.-mI ,1 X.tl. f I..4 1 fut.A Com. Public Ln'ii'di. ind lluiu. Those who have not taken ti-iuiv r,..i ,, ...v.. inn iirtinraiuaiion papt snouia uo so at once for after seventh It will be too late. it I i, ,1 in 1) V I