llattemoutb Journal.
VOLl'.Mi: XXV
rj.ATTSMOUTII, NEBRASKA, THURSDAY, ('T HSKK ID, 1M5.
N UM I.EK V2
LOOKING BACKWARD
TWENTY-ONE YEARS
CoxJca!, Unique Law Suit Tried in Platts
T.Duth Twenty-One Years Ago. The Court
Acts as Plaintiffs Attorney.
Ccir.nsnces Action Before Himself and
Pleads for Plaintiff Before the Jury.
iSSAC PEARLMAN'S OLD COOK STCVE
ydn Willett Pottinger the Court's, and
Also Plaintiffs Attorney.
In early pioneer days and especially
in Plattsmouth, no lawyer was better
L-nnwn than Willett. Pottinger who
was drowned in the Platte river some
years ago. In the early days, Judge
Pottinger, as he was familiarly called
for many years, was one among the
leadinir lawyers of Nebraska territory
and of the early days of statehood
lie was thoroughly grounded in the
principles of law, common, civil and
(statutory and as counsellor and advo
cate was the equal if not superior of
Judge Samuel Maxwell, for many
years supreme judge of Nebraska; of
Turner M. Marquette, who was for
many years prior to his death general
attorney for the Burlington and Mis
souri River Railroad company: of
Judge A. L. Sprague, now a leading
attorney of Buffalo Cap; of Judge
.Samuel M. Chapman, for eleven years
judge of our district court, and of
many others throughout Nebraska
who have become eminent and famous
as lawyers. Pottinger's wit was quick,
sharp, pungent. Many of the most
intricate legal questions he would
answer without the necessity of "look
ing them up." As a lawyer in the
early days, Pottinger simply gravitated
upward and most successfully too. He
was regarded as an exceptionally safer
counsellor and as an advocate his suc
cess was unexcelled.
But l'ottinger finally drifted into
active politics and this proved his
greatest misfortune. He held an ap
pointment to a government office at
one time, in Salt Lake City. Utah,
under President Grant. Something
went wrong out there he and the
president had some misunderstanding
and Pottinger had to come home.
Uut he had become "sour" on the re
publican party and eventually drifted
out of politics. He had lost his pres
tige as a lawyer, his property and ace
had become very evident in his
physique. P.ut the people or i-iatts-mouth
always charitable to the un
fortunate, elected Pottinger justice of
the peace, a position he held for many
years. At the time in question, Pot
tinger had his office in a dirty, dingy
room in the north part of the Fitz
gerald block, now known as theCoates
building. At this time Isaac Pearl
man was starting in business on lower
Main street. He had commenced to
deal in second-hand goods, consisting
principally of furniture and hardware.
Among his customers was om John
Phillips who died only recently. To
him. in September. 1SS4. Pearlman
sold a second-hand cooking stove for
rive dollars. The money was paid and
the stove delivered. Some days after
ward Phillips concluded he would
rather own the the dollars than the
stove. He tendered the old stove
back to Pearlman and demanded the
return of the live dollars. Pearlman
had never been known to "go back"
on his contracts and so he refused to
take back the old cook stove or to
give up the live dollars. He consulted
the tir.n of Curtis Ramsey who then
had their office in the Weckbach block.
Pearlman was advised, that as a mat
ter of savinj money, he had better j
take back the stove and return the;
!ive dollars: that if sued he would have j
to pay an attorney not ma.i nv
dollars to try his case in justice court.
Pearlman said he would prefer to pay
an attorney rive dollars or even ten
dollars rather that, take back the
stove and give up the five dollars: that
while the stove was fully worth the
five dollars, and even more, yet to do
as Phillips demanded, would lay a bad
example and injure his business.
A few days afterward Pearlman
called on his attorneys and showed
them a paper which proved to be a
summons issued by Justice Pottinger
from which it seemed that Philips had
sued Pearlman for the sum ot five dol
lars for an alleged "breach of war
ranty" in the sale of the old cook
stove. An examination of the 'bill of
particulars" filed in the case by Phil
lips, proved that the same was in Pot
tinger's handwriting and that he had
commenced the case as plaintiff's
attorney, before himself as the court
Pottinger's well known ability for
taxing all costs permissible under the
statutes, as well as his promptitude in
collecting the same wore generally
known.
Pearlman immediately applied for
a change of venue to Justice Stiles
court, which was granted and a con
tinuance for thirty diys granted on
Pearhnan's application. Pottenger
prepared a tr.uiM.Tipt for the change
of venue as provided bv law and also
taxed to Pearlman certain costs,
amounting to about $7 which Pearl
man would have to pay before he
could get his case out of Pottenger's
court. The day of trial arrived: the
transcript was ready for delivery on
payment of said sum. Ramsey, ap
pearing for Pearlman, informed the
court that his client hadconcluded not
to take the change of venue but would
try the case in his court but demands
a jury. Pottenger, as the law provides,
selected the names of eighteen of the
best citizens of Plattsmouth among
them beintr those of the late James
M. Patterson, our postmaster, C. II,
Smith and 'dene Lewis. The court,
acting as plaintifl'sattorney, "struck"
names on behalf of the defendant un
til the number was reduced to six
This number constituted the jury
but three of them claimed exemptions
and were excused, leaving Patterson,
Smith and Lewis to whom by agree
ment between the court as attorney
for plaintiff and Ramsey for defendant
the case was tried. Pottenger, as
attorney for plaintiff put Phillips on
the witness stand and proceeded to
examine him in cniei on oenau or
plaintiff. When Ramsey thought the
questions asked plaintiff by the court
acting as his attorney, were incom
petent, immaterial and irrelevant, the
court, as plaintiff's attorney promptly
overruled the objection. When Ram
sey cross-examined plaintiff and the
court, as plaintiff's attorney thought
any question incompetent, irrelevant
and immaterial, then the court as
plaintiffs attorney, would object and
promptly sustained the objection.
Pottenger finally rested his case and
then Ramsey put Pearlman and his
wife on the witness stand. The same
line of examination continued that
is Pottenger would object to certain
questions and sustain the objections
and when Ramsay would raise an
objection to Pottenger's questions,
the court as plaintiff's attorney would
promptly overrule the objections.
Testimony was finally closed and the
case ready for a argument. Pottinger
as the court and also as attorney for
plaintiff, opened the argument to the
jury. He explained fully and in de
tail the principals of law governing
"breach of warranty" cases. Ramsey
followed, insisting that there was not
a word of testimony showing that
Pearlman had ever "warranted" the
stove: that the testimony of both
Pearlman and his wife showed they
were both present when the bargain
was made; that Phillips made a care
ful examination of the stove and could
see and knew absolutely, just what he
was buying. After Ramsey concluded,
Pottenger closed the argument on be
half of plaintiff, after which the jury
retired to a small room adjacent to
the court room to "consider of their
verdict."
After the lapse of about fifteen
fifteen minutes, a knock was heard
on the door of the jury room. The
court opened the door and the jury
filed in. After being seated the court
inquired, "Gentleman have you agreed
upon a verdict?"' Mr. Patterson, as
foreman, replied, "we have your
honor." The verdict was handed to
the court. For some time it seemed
the court was unable to read the ver
dict. Pottenger adjusted his spec
tacles and readjusted them and as
often apparently tried to read the ver
dict. At last the court read "We
the jury, duly impanneled and sworn
in the above entitled cause, do find the
issues in favor of defendant,
J. M. Patti:i:on. Foreman."
A Neat Job.
The I'lattsniouth. Telephone com
pany has just g'.'tten out a new direc
tory which is complete up to date, but
the company is putting in so many
new 'phones that they will soon be
compelled to furnish another one.
The Plattsmouth Journal did a neat
job in printing it. Xehawka Register.
Don't be Irrjposed Upon.
Foley & Co., Chicago, originated
Honey and Tar as a throat and lung
remedy, and on account of the great
merit and popularity of Foley's Honey
and Tar many imitations are offered
for the genuine. These worthless im
itations have similar sounding names.
Beware of them. The genuine Foley's
Honey and Tar is in a yellow package.
Ask for it and refuse any substitute.
It is the best remedy for coughs and
colds. F. G. Fricke & Co.
FOUND DEAD ON
SUNDAY MORNING
The Lifeless Body of a Well Known Citi
zen Found in His Own Door Yard.
CAUSE OF HIS DEATH IS UNKNOWN
The Coroner's Jury Finds no Evidence
Whatever of Violence.
Sunday morning the lifeless body
of Frank Maure was found near a pile
of wood in his own door yard by his
son. It seems that the young man
had to go to the house to see how his
father was getting along, as he had
seen nothing of him since Friday eve
ning, when his dead body was discov
ered.
The coroner was immediately noti
fied who empanneled a jury and pro
ceeded to the house to hold the in
quest. They found the body lying
near a wood pile where he had appar
ently gone for fuel. The verdict was
that he came to his death by means
unknown to the jury, and find that
there was no violence of any kind."
The deceased and bis wife had some
disagreement several months ago,
since which time they have not been
living together, and the deceased oc
cupied his late quarters all by himself,
consequently no one can tell what
time he died. Rut it is the general
opinion that he died sometime during
Friday night or Saturday morning
For some time Mr. Maure had not
been in what you might call his right
mind for several years, taking queer
spells at times. For many years he
worked in the Burlington round bouse,
and in 1891 was badly injured in the
blowing up of the boiler of an engine.
For the injuries received the company
paid him $2,800. This money was
placed on deposit in the Citizens bank,
and when that bank failed he lost
nearly the entire amount. This, to
gether with his injuries is thought to
have effected bis mind somewhat.
Mr. Maure was 49 years of age and
leaves a wife and four children namely:
Fannie 2G years of age, living in Wis
consin; Frank aged 18, and Mary and
Anna aged 7 years, all of this city.
The funeral will occur tomorrow
morning at 10 o'clock from St. John's
Catholic church, the services to be
conducted by Rev. Father Bradley.
The remains will be intered in the
Catholic cemetery.
HIS LEFT LIMB AMPUTATED
William Hassler Finally Consents to Have
the Foot and Ankle Severed.
Seven years ago Willie Hassler, then
a bit of a boy, broke his left leg. This,
however, did not seem to give him
any particular trouble as time passed,
but one jear ago last June while play
ing ball he had the misfortune to slip
and fall and rebroke the limb almost
identically in the same place, since
which time-be has been a cripple, get
ting around with the aid of a cane
and part of the time necessitating the
use of both cane and crutch. His
parents have thought for some time
of having the limb amputated, but it
has been deferred from time to time
in the hopes that he might recover
the use of the limb without going
through such an ordeal, but without
avail.
Monday Dr. Livingston, with
the aid of Dr. Cook, performed the
operation and amputated the limt be
tween the ankle and knee, and it is
thought the young man will pull
through the terrible efTects of the
operation.
Willie Hassler isor.e of Plattsmouth's
brightest young men, irenial and cour
teous to everyone, and his friends are
everyone he knows. The Journal is
glad to know that the amputation was
a most successful one, notwithstand
ing the loss of his foot. Yet the time
had arrived when it became necessary
to have the work done, and his friends
are cratiried to know that it has been
well done, and that he will in time re
cover from its effects.
For All Kinds of Piles.
To draw the lire out of a burn, heal
a cut w ithout leaving a scar, or to cure
boils, sores, tetter, eczema and all
skin and scalp diseases, use DeWitt's
Witch Hazel Salve, a specific for
blind, bleeding, itching and protrud
ing piles. Stops the pain instantly
and cures permanently. Get the gen
uine. Sold by F. G. Fricke & Co.,
Gering& Co.
THE FUNERAL OF
HON. J. W. BARNES
Funeral Services at the Home of His
Son, Dr. C. B. Barnes, in Tecumseh.
Hon. J. W. Barnes, who was stricken
with apoplexy a week ago Saturday,
and whose funeral fccurred at the
home of his son, Dr. C. B. Barnes, in
Tecumseh, Neb., Sunday afternoon,
was a pioneer citizen of Cass county,
living here in Plattsmouth for many
vears. He came to Cass county fifty
years ago, and located at old Mount
Pleasant, where he lived for sometime
and taught school. Here it was that
he married his first wife, who died
many years ago.
lie removed from Mt. Pleasant to
Plattsmouth where he became con
nected with the surveyor general's
office. For two years he represented
this county in the state legislature
During the administration of Presi
dent Grant the deceased was a col
lector of internal revenue, with head
quarters at Beaver, Utah. Later he
was inspector of government surveys
in Nebraska. His family resided in
Lincoln for some time, and later at
York, Neb.
Mr. Barnes was well known to all
the old-timers of Plattsmouth and
formerly owned property in the neigh
borhood of Heisel's mill.
The funeral was largely attended by
friends from various; parts of the state.
All his children being present. The
Masons had charge of the services, of
which order he had been a member
for many years.
A GREAT BIG SUCCESS
The Annual Meeting of the Superintendents
and Principals of the State at Lincoln.
Superintent E. L. Rouse returned
from Lincoln Sunday evening, where
he has been in attendance "at the an
nual Superintendent's aud Principal's
Association. Mr. Rouse was president
of the association and responsible for
the program and success of the meet
ing. From reports in the state papers
it is learned that it was the most suc
cessful meeting held for years. More
than 120 persons were present at the
opening session Ihursday evening.
The attendance Friday was more than
200, and at the banqnet Friday eve
ning there were 175 plates.
Upon the program appeared about 30
of the leading school men of this state,
and only one of them failed to
respond when called.
Some of the leading subjects were
Qualifications for High School Teach
ers," "Music in the Public Schools,"
"Relationship of the Principal to his
Teachers and to his Board of Educa
tion," "Judging a Teacher's Work"
and Normal Training in the High
Schools Under the New Law."
Injured In a Runaway.
James Gamble was quite badly in
jured in a runaway near Murdock
Wednesday. In company with one of
the Rodgers boys he started to attend
the hog sale near Louisville. When a
little ways from Murdock the team he
was driving became frightened at a
F. D. mail wagon. The two rigs
collided, throwing Mr. Gamble over
the dashboard onto his head. The
team ran a mile or so before Mr.
lodgers succeeded in stopping them.
Mr. Gamble, who was rendered un
conscious by the fall, was picked up
and taken to Murdock whereasurgeon
attended to his wants. One ankle was J
severely injured, as was also his neck, I
besides lie was terribly bruised all
over his body. He was brought home
Wednesday night, and at last accounts
was getting along as well as could be
expected. It was a very close call and
Mr. Gamble is thankful the accident
was no worse. Elm wood Leader-Echo.
County Treasurer Wheeler
W D. Wheeler darkene doord our.
and with that suave mannerof his ex
tended a hand that has never, in our
long acquaintance, been raised in op
pressing his fellow man we believe
he never intentionally wronged any
man. Some say he has collected delin
quent taxes: Isthathisfauld? Didn't
the legislature pass the scavenger law
and the county commissioners compel
him to enforce it? Cuss them they
are the fellows to look to for having
compelled you to clear the title to
your home. Experts have been over
his books and found every dollar of the
people's money safe in the vault it's
more than can be said of some republi
can treasurers. He will be the same
everyday, good natured Billy Wheeler
whether the people retain him or not.
He will say nothing against his op
ponent but kind words. Nehawka
Register.
DEMAND FOR GAME LICENSES
State Game Department Will Issue 6,000
Licenses as Compared With 4,000
in 1904.
Game Warden Carter says thatt.be
demand for game licenses t his year is
much in excess of what it has been in
the ast and the total will probably
be ti.ooii. as compared with -boon last
year. This is regarded as an . indica
tion that the people of the state are
determined to obey the game law, says
the Lincoln News. To begin with the
department sent out as- many as lat
year, about 4.00O. and since that time
has bad so many applications that the
available surplus of 1,(H)0 was speedly
exhausted. There has been consider
able delay in com plying with the
further demands of the county clerks
because of the necessity of waiting on
the lithographs for a new supply.
This heavy demand for licenses is
due in a considerable measure to the
large amount of game this season.
People who have never before been
tempted to go out with a gun are be
taking themselves to the hunting
fields. The total number of licenses
issued does not represent the number
of persons shooting game by any means
since it leaves out of account all of
the local people who may go out into
their own counties without this state
permit.
Carter says that ducks have never
been more plentiful in the state and
chickens are also found in great num
bers. The flight of mallards has just
commenced and the canvasbacks are
expected within a short time. What
makes this news of more interest to
sportsmen is the expert opinion of
Carter to the effect that the heavy
rains which has left the ponds and
lakes well filled will result in delaying
the departure of the wedfooted quarry
for the south much beyond the usual
period, thereby prolonging the period
of the huntsman's joys.
At Home in Crete.
C. W. Weckbach and wife arrived in
Crete Friday evening. After their
marriage in Los Angeles, September
I9th, they have been enjoying an ex
tended honeymoon along the coast, at
the Portland Exposition and through
the Northern states. On their arrival
in Lincoln last Thursday they weie
given a reception by the mother and
sister of the groom at the homt of the
former. Careful preparations had
been made for the occasion which
proved to be a very elaborate affair.
Many out of town guests were present,
among those from Crete were Dr. and
Mrs. M. O. Johnson, Mr. and Mrs. G.
M. Murphy, Ralph Murphy, Mr. and
Mrs. Geo. L. Meissner and Miss Ger
trude Rademaker.
Mr. and Mrs. Wee'. bach have gone
to housekeeping in n east Crete cot
tage. Next spring they will build a
home of their own on an excellent
building site at the corner of Eleventh
street and Pennsylvania avenue.
Crete Democrat.
A Swindling Scheme.
A smart fellow has just been arrested
in Chicago for swindling many busi
ness men and farmers in the middle
west during the last two years. His
game was to sell beautiful woolen and
silks at a small price and then agree
to have them made up at an equally
low figure. He would deliver the goods
toa branch house to be made up. The
goods were duly turned back to the
swindler, and, of course, that was the
last ever heard of them, for he had in
the meantime collected pav for the
goods and for the making up. He
could well ali'ord to promise to do the
work for half price, for he had no goods
except the single samples he carried.
He has been arrested and is now in
Chicago, where he gave the name of
Davenport. j
Plans to Get Rich
are often frustrated by sudden break-
j downs due to dyspepsia or constipa
I tion. Brace up and take Dr. King's
.New Liie 1'iiis. mey take out the ma
terials which are clogging your ener
gies and give you a new start. Cures
headache and dizziness too. At F. G.
Fricke fc Co.'s drug store: 2"c, guaran
teed. Full of Tragic Meaning
are these lines from J. II. Simmons,
of Casey, la. Think what mieht have
resulted from his terrible cough if he
had not taken the medicine of which
he writes: "I had a fearful cough that
disturbed my night's rest. I tried ev
thing, but nothing would relieve it un
til I took Dr. King's New Discovery
for consumption, coughs and colds,
which completely cured me." Instant
ly relieves and permanently cures all
throat and lung diseases; prevents
grip and pneumonia. At F. G. Fricke
& Co., druggists; guaranteed: 50c and
81.00. Trial bottle free.
JESSEN SUCCEEDS TUCKER
Nebraska City Judge Appointed to
the Arizona Bench.
A sgecial from Washington, under
date of Monday says: The president
hasaccepted the resignation of Ijigene
A. Tucker, associate justice of the su
preme court of Arizona, to take effect
the Hth Inst. To succeed him the
president has appointed Judge Paul
.lessen or Nebraska. The tender and
acceptance of the resignat ion of J udu'e
Tucker are believed to be the result, of
the recent investigation conducted by
the; department of justice which grew
out or charges filed by leading mem
bers of the bar and citizens."
In speaking of the appoint inent of
Judge Jessen, the Lincoln Journal
adds: "Judge Paul Jessen. the new I v
appointed associate justice of the su
preme court of Arizona, was not at his
home at Nebraska City yesterday, be
ing absent in California, and whether
or not he will accept has not been an
nounced. His friends assert that he
will accept the position. It Jssaidthe
resignation of Judge Tucker was an
ticipated and that Judge Jessen con
sented to have his name go before the
president. Senator Burkett of Lin
coln was instrumental In securing the
new appointment. Judge Jessen has
been active in Nebraska politics for
several years and has been outspoken
as an anti-pass machine man. He was
a warm friend of the late United States
Senator M. L. Ilayward. His services
on the district bench demonstrated his
ability as a jurist and his high stand
ing in the district was evidenced by
the fact that his political opponents
did not nominate a candidate toon-
pose him when he was a candidate for
re-election. Two years ago Judge Jes
sen was a candidate for the norninat ioti
of governor."
That "Office Boy."
Editor Farley of the Plattsmouth
News, whose attention the Courier
called to a violation of the postal laws
by circulating advertising matter in
his paper containing no mark to indi
cate that such was a supplement to the
regular edition, plays the baby act by
laying the whole thing on the "ollice
boy." No one who reads the News
will deny that the "ottice boy" did it.
The entire publication would indicate
that the "ollice boy" is much in evi
dence in the News ollice. Had Mr.
Farley acknowledged that the "ollice
boy'; wrote the libelous slush two
years ago about Sheriff McBride lie
would have been saved the humiliation
of having the district court and later
the supreme court brand him and his
paper as untruthful. Is he would take
time unough from his labors at his
chicken ranch to lire that "ollice boy"
and get some one to look after his busi
ness who knowns that Uncle Sam does
not give free circulation to advertising
matter just because the publsher is
friendly to the ad vertiser, and expla
uation would not be necessary. The
incident which the Courier referred to
last week was not the lirst time the
"ortice boy" made this mistake. Many
things appear in the News which bear
the ear mark of the "ollice boy" not
the much abused little limp with ink
stained fingers, but he with the tit le
of attorney" allixed to his name.
That is the kind of an "ollice boy"
that makes trouble for the chicken
fancier.
Brother Farley says the Courier be
ing unfriendly, sought to do him an in
justice. Brother Farley should not
let a little incident like t his cause him
to imagine that we are unfriendly.
We like liiiii. Yes we do. He is so in
oi'icnsive. All the bad things are done
by the "o:lice boy." Louisville Cour
ier. Judge Travis.
: The many friends of County Judge
Travis will regret to learn that he is
I confined t his home and that hois
j threatened with an attack of typhoid
j fever. It is very unfortunate for the
judge to oe sick just at this time as it
makes it impossible for him to make a
canvas of the county in the interest
of his candidacy for re-election for
county judge for the second term.
Judge Travis has made a good oi'icial
and has done just what the Courier
said he would do two years ago lie
has been the judge and no one has
dictated how he should conduct his
office. He is a democrat, but he is a
gentleman for all of that. lie has
many friends in both political parties
who will regret to learn of his illness
and wish him a speedy recovery.
Louisville Courier.
Girls, if you want red lips, laughing
eyes, sweet breath and good looks use
Hollister's Rocky Mountain Tea. The
greatest beautifer known. :'" cents
Tea or Tablets. Gering & Co.
