The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, October 01, 1903, Image 1

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Cviry Ii'mfrrt In Ctrnn rounty
STh Journal will cv r 1 ftiri1 1.
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iuiur'fti inn .iiiiiriiwi. iiifwinw iw- j
I biouili i1 C;kWi county hi if4-ii-rl. C
"DKMOCHATIC AT ALL TIMES AND t'NDKll ALL CIIICUMMTANCK8.'
OKFJCi: No. 112, South Sixth Ktiikkt
IL A. ami T. H. ItATKS, Pi ni.wiiKiw.
PL AT T S MOUTH, NEBRASKA. THURSDAY, OCTOBER 1. 1903,
Number 41
Volume XXIII
TPbe
THE "DODGER"
DODGES AGAIN!
"Sissy" Farley Refuses How to
Have the Matter Tried Before
a Cass County Jury.
FARLEY REPUDIATES HIMSELF!
Desires to Place the Responsibility
Upon the Shoulders of Judge
Paul Jessen.
Displays Cowardice at Every Turn.
"Sissy" Farley U likened nrtto the
veritable lira, "when you put your
hand on him he isn't thin:" F.very
riHsitiiii that ln has Mil.mil led in
tin; way of settling tin rust la-tweeti
himself ami SIhtIIT MeP.ride lias len
aecepted ly Mr. Mcllrlde's attorney,
and hehas'Vravlilied."" llenmvcomeH
to Mm front with the most unfair pro
position of all yet made- plat ing the
r'sponsititity of the result upon the
shoulders of .1 inline Jessen, and taking
it out of tlie hands of a jury of his own
countrymen. We don't think thi a
fair proMsit ion, neither will the voters
of ('ass county think so. Ithaslieen
the rule of the editor of the News
from the U-i lining lo make a proposi
tion and us soon as accepted hy ShcrilT
I "ride's attorney, he comes forward
with another. Here is the latest:
Skit km iskii l"-.th, 1 '.:;.
To John I. McI;i:iik:
I herewitii submit stipulations in
the aiHve case under advise of my
counsel.
If a special term of court is called
with a jury the several criminals
which are now out on Ixiuds, or in jail
pending trial, will have a riht to
their trial.
I understand thet'ounty Attorney is
not ready to try hiscrimuial cuscs.anJ
to avoid any objection toa special term
from that source, I have proMsed to
try the case to . I ude .lessen, or such
other Jude as he may call, without
jury.
If a social term is called all other
litigants will have the same ri-jht as
we to have their husiness transacted
For that reason I am unwilling to pay
all the costs of the term of court, hut
am willing to pay the costs of the term
of court pro rata uMn the total amount
of husiness done.
Another reason for my su;cstinr
that the case lie not tried to a jury is.
that this action is hased upon politi
cal matter, and necessarily on account
of the wide publicity iriven to your
If Iters through the several newspapers
of the ( ounty, nearly every voter w ill
have formed his opinion thereon. Iv
suhmittin' the case to the court you
can have the law declared and this is
what the voters want.
As to the question of damages, I
otTer to stipulate that if found against
me the court shall enter judgment for
iromiual damages. 'I his will mve you
the vindication you desire and atlirm
your alleged basis for cliaririmr fees.
i r, the action for damages can pursue
its regular course in court at your
option. If the court upholds my con
tention the action is to he dismissed.
We are desirous of informing the
voters hv a judgment as to what tlx
law is. lie fort election, and a special
term for this purpose can t held at
any time if the court is willing to call
the special term.
I append stipulations, which you or
your con. isc I may sum ami return.
In your proposed stipulation you
provide that if a demurrer to your pc
tit ion is sustained that you le permit
ted to tile a new petition or amend
To this 1 do not aree. In your peti
tion now on hie you have set forth the
articles which you claim havedefamei
your character. 1 want the matter
disponed of and not delayed by a suc
cession of amended pleadings.
I have in the stipulation provided
that the trial shall not le had lefore
Octoter loth, ami not later than Octo
ber 2th: the hrst date is lixed so that
each of us can properly prepare our
evidence, and the last date is lixed so
that the judgment may l? entered in
ample time so that the voters may te
fully informed thereof through the
public press, l ours Kespect fully,
(tKOUUK L. F.VKLKY.
The Stipulations.
It Is hereby stipulated and asireed
letwecii the parties, planum and uc
femlant.
1. Defendant will lile answer in the
atiove entitled cause within two days
after the stipulation is signed by each
of the parties to this action, or thei
counsel.
2. That the plaintitT will demur or
reply to said answer within two days
after said answer is tiled.
3. That the parties hereto join in a
petition to the Honorable raulJessen
Jude of the District Court, to call an
extra session, ami that when called
this action shall be submitted to the
court. Honorable raul Jessen. orothe
Judtre acting for him, each of the par
ties hereby waiving their rjht to a
jury.
4. If upon said trial the court shall
find aaiiot defendant, then the court
shall enter judgment for nominal dam
iures. or at plaintiff's option the trial
of the case, so far as damages are con
cerued, si ml I lie continued until the
nest regular term of this court, and
take its regular course of trial.
ft. That there shall be: no ameml
ment of the pleadings after Jj:ivin
been riled in this action.
5. That the defeated party at such
special term, shall pay all of the costs
of sucu siK'cial term of court: provider
that if other business is transacted
during said term of court that the de
featefl party shall then pay only the
pro rata share of the costs of the term
to he found and tixed by the said Hon
orable rati I Jessen.
7. That the trial of this action shal
not be had before October loth, to the
end that each party may prepare his
vidence. and trial to lie had and J iiflwr-
m-nt entered not. later than OctoU-r
th, I'.mci, that the voters may Ik; in
formed of the result.
h. That the time of calling such
pedal term the .lude Taul Jessen
tav li x the amount or Ootid loixeiven
by each party to the County of Cass,
onditioncd to pay the costs lo lie al
uilired against the defeated party un-
ler the provisions hereof; said Ixnids
to ! executed and tiled with the
Clerk of the Court in this act ion, with
his approval thereon, within twelve
hours after such sitecial term is called.
Dated this lit day or Septemijer,
a. D., r.a
I'laintiir.
li)i:iiK I j. I'aki.kv, Iefendant.
l.ATTSMoi Til, Neb., Sept. 2U, l!o:$.
Mi:, (ikiikhk L. I'aim.kv,
Kihtoi: Kvk.nino Nkws:
Sin:
Your letter of this date was received
i few moments ao and 1 reply at once.
First, your proposition was made
pul. Ii( ally throii'di the News, for poli
tical elfect, that I agreed to the calling
f a soecial term of court by Judge.
lessen, that the action commenced by
myself against you niiu'lit In; tried le-
fore the Novcmlicr elect Ion. I at mice
iccepted that proposition and added
to it the further provision, in case you
would agree to it, that each parly to
the suit bind himself and agree in the
vent the controversy was decided
nrainst him to pay all costs, including
the calling ami holding of the siMVial
term of court, this to save the tax
payers any part of the burden of such
trial. SupiMising vou would stand by
your own proposition, 1 tiled a Ixmd
with the clerk or ine District uouri
binding myself to pay all costs in the
event the suit was decided against ine
md I si'' ned and delivered to you a
stipulation in accordance with your
published proposition, jr you were
tcting in good faith in mis matter
that should settle it. In your com
munication of this date you say if a
special term of court is called to try
this case, the several criminals wnicii
ire now out on imnd. or in jail, pend
ing trial, will have aright for trial.
Vou oii'dit to know lcttcr than this.
In the lirst place if Judge Jessen agrees
to come to this county to especially
try this case, he is not liound to hear
anvting else. The prisoners awaiting
trial are all bound over for the No
vember term of court and such matter
would not interfere with this trial. I
think you understand this, if you do
not vou should have thought of this
obstacle at the tune you made your
hhilT for a special term through the
columns of your newspaper.
Second: our excuse that other liti
gants w ill have the same rights as we
have to have their business transacted
ischildish, especially when urged by
the party who has publicly proposed
that the special term of court le called
to try this case, and your refusal to
bind yourself to pay costs for that as
well as other reasons cannot le looked
upon as prompted by honest motives.
Jhird: our refusal to submit this
case to a jury because it is a political
matter, shows clearly that you were
not sincere in proposing a special term
of court to try the case. Also, permit
me to remark that this action is not
based upon political matter so far as 1
am concerned and will not lie tried by
my counsel and submitted as a politi
cal con trovers v.
Fourth; 1 did not commence this
action for the purpose of obtaining
nominal damages against you and is
not in court for the purpose of reliev
ing you from any damages that you
justly ought to pay for uncalled and
malicious libel.
Fifth: When you say you arc desir
ous of informing the voters before
election and refuse to back up your
own proposition to call a special term
or court, you exhibit your entire lack
of confidence in the truth of the
charges you have published against
me. 'I his disposes of your refusal to
stand by the proposition published in
your newspaper. I may add that in all
human probability should Judge Jessen
call a special term of court, which you
now refuse to agree to. he womd hx
the time to suit himself. Vou have
had the acce pt a nee of you r proposi t i on
in your hands now for some twelve
days, and have, as I expected backed
down from your proposition. You will
observe that I have not kept 3'ou in
susiense in regard to this second pro
position of 3'ours. truly lours.
JOHN' D. .MCliUlDK.
Why did not the News editor pub
lish the foregoing reply of Sheriff Mc-
Hride and give his readers an oppor
tunity to peruiie both sides of his
'"latest proposition" Is it not very
plain to see the reason why? lie de
sires to deceive the voters. Why does
he not do like the Journal give both
sides? lias not Mr. McIJridebcen fair
throimhout the entire discussion of
this matter? lias the editor of the
News? No, he has rut, and no one
knows this fact better than himself.
The voters of Cass county wiil readily
perceive his selfish motives. His only
object, in the first place, was to de
feat Mr, Mcl'.ride that he MKiIIT
HAVE TUB KNTIIJE J'WNTIXG
lATi:ONA(ilOF THE SHERIFF'S
OFFICE I This U why just at PRES
ENT HE IS SO (JREATLY INTER
ESTED IN THE TAXPAYERS OF
CASS COUNTY. If he is honest in
this matter he would have stood by his
proposition TO HAVE THE MAT
TER SETTLED PY A JURY IN
II IS OWN COUNTY a county that is
tilled up with honest 3-eomenry. Rut
this, at thp eleventh hour, he flatly re
fuses. He wasagreat ''bli!Ter" in the
start, and was readily called" on ev
ery proposition up to the above. He
banked too much on the "attorney in
the case," who has a personal griev
ance against Sheriff Mel ride, for his
informal ion, and so eager has he Ue-
comi to gratify his own selfish desire.
that he will tdoop to most any unfair
means to carry his pointthe cash he
will lilch from the sheriff's ortlee. The
Journal Is perfectly willing that the
voters of the county understand this
matter thoroughly, and will do every
thing in its power to give the desired
information. And we know that Sher
it! McCride will do the same.
7UE0LD
Absolutely Puro.
771 EKE iS KO SUBSTITUTE
WATER-LOO-LUED.
Local Ball Players Dubbed "All Stars"
Can Now Star as "All Dubs."
'Maud Midler on a summer's day
raked the meadow sweet with hay"
and ever since, sensible people have
wondered why Maud was out dubbing
around in her bare feet raking up fod
der when she ought to have left the
job to the men folks and gone in the
house and washed up thedinner dishes,
but it's all as clear as mud now.
Maud lived near Nebraska City and
the haymakers all quit at once and
went in town to play a game of ball
with the Plattsmouth boys, and as it
looked like rain Maud realized that if
they saved the crop she had to rake it
up herself, so she went out with a
garden rake and got .ier little bare
tootsic-wootsics all full of sandburs
and started all this "It might have
been" business that has worried the
human race for lifty years or more.
The story is true for sure, as the hay
makers all showed up on the Argo
diamond yesterday afternoon and the
Plattsmouth boys gave them a drub
bi;:;j that made them twice as sore as
if they had stayed down on the farm
and raked hay all day in place of little
Maude. It would be a cruel and un
usual punishment forbidden by the
const itution to go through the game
by innings and disclose the real inci
dents from time to time, though it is
only fair to say that while the Platts
mouth boys played good ball for non
professionals, they were by no means
invincible and only a preponderance
of wooden shoes, wooden legs and
wodden heads in the home team ever
permitted the riatssmouth aggrega
tion to win.
The home "line up" was distinctly
faulty, for instance, Thygeson, the
star baseman of the home team, was
banished to right field to herd the
cows, and Tom Roddy was expatriated
from the .diamond to a pasture away
out by the water works. Luck also
tossed her weight against the home
team as Iloltz, the expected catcher,
did not appear at the game and Stroble,
who has had no practice for a long
time, was substituted behind the bat
and juit about the time he began to
find Reed's pitching and hold It, he
met with an accident that took him
out of the game and put another new
man In behind the bat. Reed pitched
a fine game and struck out about 20
of the Plattsmouth batters.
Every man in the home team made
some fine individual plays, but the
team work was so erratic and dis
jointed that there was "nothing do-
ng" in their favor on the score card.
Judge Paul Jessen acted as umpire to
the general satisfaction of both teams
and Milt Thorp kept the fatal score
card. Roth clubs were named "All
Stars" and were selected from the
best of the non-professional ball plaj'-
ers of the two cities. The home team
tied the score in the second and held
the tie until the end of the third.
This is as near as they ever got to a
winning mark, w inding up with the
totals, Plattsmouth 1G, Nebraska City
10. Nebraska City Tribune.
Just What They All Say.
Cass county is having a hot cari
paign and the Plattsmouth News
is
after Sheriff McRride with a sham
stick while McRride corne9 back at
tlie News with a $10,000 libel suit.
The News has resorted to some mean,
dirty underhand methods in its policy
toward the sheriff and the suit is like
ly to be interesting for the publisher.
l have seen men with larger souls and
more generous impulses than Mr.
Farley and such characters generally
get what is coming to tbem sooner
later. The Rlizzard has no notion
or
of
fighting McRrjde's battles, but it con
siders a man who will use a newspaper,
oecause lie is fortunate enough to
possess one, as a club to pound a man
unjustly, a coward and a discredit to
the profession. Whenever personal
malice or the hope of personal reward
dictate the policy of a paper in criti
cising a public cituen it is time for
that paper or the head of it to go out
of business. Nebraska Blizzard.
- A Sore Never Hatters
After Porter's antiseptic healing oil
is applied. Relieves pain instantly and
heals at the same time. For man or
beast. Price 25 cents.
Narrow Escape From Death.
The following Item appeared in the
Alvo items of the Elmwood Leader-
Echo of last week: Friday evening
alKut . o'clock little Dan, the nine-
year-old son or Mrs Susan Devorecame
near losing his life. He and Walter
Tappin, one of his playmates, went
over to Harry Applcton's about a
quarter of a mile distant, on an errand,
and on the way home they thought
they would get a ride with Mr. Reikie,
who was going to town on a load of
shelled corn. Mr. Reikie saw Walter
get on the wagon but did not see Dan
until he heard him scream. In trying
to get on the wagon he in some way
got his feet caught In the hind wheel
and wound him around until he was
wedged between the wheel and the
standard and brake rod until his
head was drawn down to the brake
beam, breaking his left leg just above
the knee and bruising his head, face
and shoulders terribly before the
team could be stopped. He was taken
home in an unconscious condition and
Dr. Muir hastily summoned. He did
all that could be done to relieve the
little fellow's sufferings but did not
set his limb until the next morning.
He is getting along now as well as
could be expected.
A Sensible View.
A charivari is not a joke at all, it
is a disgraceful proceeding that ought
not to be tolerated any longer. A chari
vari is a prima facia insult to the per
sons who are married as well as to their
friends, and to allow such rowdyism
to pass without remonstrance is a mis
take. The thing would have been stop
ped long ago but for the fact that on
such occasions people do not like a
public row. Now, however, the thing
has gone so far that if the persons im
posed upon do not interfere some of
the indignant neighbors are likely to
do so. As a matter of fact, in most
civilized places the charivari is practi
cally unheard of. Itisconsidered both
a personal and a public disgrace when
it happens, and yet we are allowing
otherwise respectable boys to do it reg
ularly without protest. It is certainly
to be hoped that the parents of the
boys, victims of the charivari and the
people of the neighborhood would not
hesitate to take drastic measures if an
other performance occurs like the one
this week and on several other occa
sions recently. Grand Island Press.
An Enjoyable Event at Murray.
A number of young people spent a
very enjoyable time last Saturday ev
ening at the home or Miss Madge
Young in Murray. Numerous games
were played, the principal one being
"progressive peanuts." The Misses
Sherwood of Plattsmouth delighted all
with their music. Miss Robeson
gave a reading and Miss Shankland, of
Lincoln," sang. During the evening
dainty refreshments were served by
the hostess.
Those present were Misses Elvena
Robeson, Rena and Jennie Gregory,
Gertrude Long, Grace Shrader, Madge
Young, Daisey and Nellie Sherwood,
of Plattsmouth, Nina Shankland, of
Lincoln, Mrs. Jenette Y'oung, Mrs.
Shrader and Miss Ada Turner, of Ord.
Neb.; Messrs. Monroe Linville, of Skid
more, Mo., Robert Shrader, Gus Norris,
Glenn and Galen Rhoden, Guy Reese,
or Sterling, Neb., Roy and Tom Shra
der, Robert Fitch, Sam Brooks, or
North Dakota, Bert Philpot, Tyler
Shepardson, of Weeping Water, and
John Noel.
Good-nights were said at a late hour
and all voted Miss Madge a delightful
hostess.
Worthless Checks.
Merchants usually deposit all money
in banks, and pay their bills with
checks or drafts on that bank. Accept
checks from reliable people only, as it
often happened that worthless checks
were circulated. It is a fraud, the
same as when a worthless mixture is
being forced upon you in place of the
genuine Triner's American Elixir of
Bitter Wine. This preparation has
been acknowledged by all classes of our
people as the standard remedy, In all
maladies of the stomach, liver and
the kidneys. It promotes digestion,
and makes new blood, rich in red
corpuscles; it strenghtens the nerves
and the brain. This preparation has
been endorsed highly by the clergy,
by esteemable citizens, by ladies and
by physicians. The most delicate
stomach will accept it readily. It Is
composed of pure grape wine, bitter
herbs, known for their efficacy on the
stomach. At drug stores and at the
manufacturers,, Jos. Triner, 790 Ash
land avenue, Chicago, Illinois. Pilsen
station.
Confessions of a Priest.
Rev. John S. Cox, of Wake, Ark.,
writes, "for 12 years I suffered from
Yellow Jaundice. I consulted a number
of physicians and tried all sorts of
medicines, but got no relief. Then I
began the use of Electric Bitters and
feel that I am now cured of a disease
that had me in its grasp for twelve
years." If you want a reliable medicine
for Liver and Kidney trouble, stomach
disorder or general debility, get
Electric Bitters. It's guaranteed by
F. G. Fricke St Co. Qn.ly 50o,
Rent) Rayden Bros, ad in this paper.
We hope that you won't mind being prodded
gently about your Winter Suit for its time you
i
19 r-jvjLivari
corvRiom Hoi B
SMS; a
ft cut generous in
g Yes Sir, we want you to buy one
Z$ Long range in prices, $5 to $20.
it
r
Leading
Clothier.
Laxative Dromo Quinine Tablets.
Seven M2Sobox .old in past 12 months. ThlS Signature,
Richards Found Guilty.
A special from DesMoincs, Iowa, to
the Omaha Bee, under date of Septem
ber 29, says: "W. S. Richards of this
city and of Creston, formerly deputy
United States marshal, was convicted
at Indianola today of the crime of
breaking and entering a house in the
night time for the purpose of robbery.
The jury took but one ballot on the
question and it was unanimously for
his conviction. The verdict came as a
surprise to the defense, because they
had pnt up a remarkably good defense
and felt that they had completely
destroyed the evidence of the state.
The attorneys for the prosecution
hardly expected a conviction, but
hoped for a hung jury and a second
trial. There was so much of evidence
brought out in the case that was a
surprise to both sides that it was felt
that the trial would have to be gone
over again. Richards is out on bonds,
his principal bondsman Deing United
States officials and prominent residents
of the city, and they have stood
loyally by him and still insist that he
is the victim of a conspiracy and not
at all guilty. A strong effort will be
made to get a new trial from the
courts. Richards did not go on the
stand in his own defense at this trial.
The third member of the trio that
participated in the Sullivan robbery
at Hamilton has never been apprehend
ed. This is Charles Redrup, according
to the statement of Frank Iiaird, who
made the confession. Baird got an
eighteen-year sentence, and it is
expected that Richards, who planned
the whole robbery, according to his
story, will be sentenced for a longer
time."
A Hurt Never Hurts.
After rorter's antiseptic healing oil
is applied. Relieves pain instantly
and heals at the same time. For man
or beast. Price, 25 cents.
?Q(5ffiGXDO36XD(S(D(S0QXD(D3)63)(
KEEPING
IM LIME:!
And marching
straight to
Ueer-baekJ ?o,
where you will bo re
paid for your trouble
by getting the best
on the markets.
Groceries,
Canned Goods,
Fruits.
fresh daily from the markets.
VEGETABLES,
gathored fresh overy morning.
'Phone 54.
Waterman Block PlaUsaaoulh.
are thinking about it.
If every man who goes to the
tailor for his clothes should see
the Suit Elegence we are now
showing, we are very much
afraid that some of the tailors
would have to close up shop.
See the three and four button
Sack Suits, Single and Double
Breasted Styles. Hand padded
collars, narrow lapels and hand
made button holes. Trousers
cut generous in
-MORGAN-
To Cure a Cold in One. Pay
jparmele Theatre
Next Saturday Evening, October
Tim GREAT SUCCESS,
jjj III
'PRICES: 25, 50,
Mill
AT EIGHT MILE GROVE
Near the Church.
Saturday, Oct. 17,
All Purprso Ilorses, from Threo to
Eight Years Old; Good Sized Animals and
Well Broke. Single and Double Drivers.
Te
f-rtic Time given to suit pur
I IHj chaser by giving a good
bankable note. All proper must bo
from the premises.
W. D. JONES, Auctioneer.
'-4 - ' 7 I 1
i
width.
wicitn. o
of these suits. K
See them. o
ft
Leading
Clothier....
8
Cures Grip
In Two Days.
on every
rjj&
box, 25c
"Under
Southern
Skies!"
Production Massive and Com
plete in Every Detail.
75, $1.00 and Si. 50.
of Glerses!
'03.
settled for before being remover!
fa WILL-
SEAMLESS
svrd Cannot Rip!
ALL SOLID SHOES
for Severe Service.
Ours nro Extra (Jood. Men's,
Boy's and Youth's
Jrom $r.S5 to $2.50.
Sherwood &Son.
i
n.
3