HEWS OF DISTRICT COURT
vHoss" Case, McCallough vs Oonn, Sub
mitted to Jury After Night's Session
PLAINTIFF GETS JUDGMENT FOR $80
Action Brought by Missouri Pacific R. R.
Co. is Cass County to Secure Judg
ment for Land Appropriated,
Submitted to the Jury.
The celebrated "hoss" case, McCul-
lough vs Dunn, was submitted to the
jury last evening about half past ten
o'clock, after a trial lasting two days.
The jury was out all night and until a
: hort time after dinner today, when
foreman Swearingcn, informed the
court that they had arrived at an
agreement. The verdict was in favor
of the plaintitT, awarding him dam
ages in the sum of for the loss of
a horse, purchased of the defendant.
This case attracted considerable in
terest on the part of the farmers re
siding the vicinity of the parties to
the suit, and many of them were pres
ent to hear the arguments, or to ap
pear as witnesses. Thase testifying
in behalf of the plaintiff, were: John
Lloyd, Lorenz Mickel, I'ark Chriswis
ser, Harry Beckner, Mrs. McCullougb,
Dr. A. 1. Barnes, Dr. Loriraer or
Friend, Neb., and Dr. Wilson of Blair,
Neb. On the defendant's behalf, the
following witnesses appeared: Wm.
Sheehan, Wm. Ash, Wm. 'Dunn, Dr.
II. Jensen of Weeping Water, Dr. A.
T. Peters of Lincoln, Otto II. Carroll,
P.ert Coglizer and W. D. Wheeler.
From the evidence introduced the
case is summed up as follows: During
a sale conducted by Wm. Dunn, the
defendant, at Weeping Water, on the
17th of March, l'.'Ot'., the plaintiff, Asa
McCullogh purchased a horse for the
sum of $1.72.50. After being in posses
sion of the horse, but in a short time
it developed a disease of the back, and
in spite of treatment administered by
the plaintiff and a veternarian, the
animal died died on the 21st of March,
rour days after the sale.
An action was immediately institu
ted by McCullouch to secover damages
in the sum of $1";2..". and costs of the
suit. A trial was had to a jury in the
county court last October, and the is
sues found generally in favor of the
defendant, and the costs taxed to the
plaintiff, who appealed to the district
court, and secured the trial which has
been concluded in his favor. The
plaintiff was represented by Matthew
Gering, while the defense was main
tained by P.yron Clark andC. E. Tefft.
The members of the jury to hear the
case were W. A. Swearineen, A. Box,
B. W. Livingston, Wai. Niday, C. C.
Hennings, I. II. Dunn, Henry Cream
er, Jno. Bramblet, W. C. Bartlett,
Walter Barker, S. M. Cox and Henry
Horn.
After disposing of the "hoss" case
at a night session of district court,
the next action to be taken up was
that or the Missouri Pacific R. R. Co.,
vs Cass county, which began this
morning after a jury had been select
ed. The plaintiff brings suit to se
cure payment for a tract of land ap
propriated by Cass county, for a road
crossing the railroad tracks. south of
Murray. The plaintiff is represented
by A. N. Sullivan, while County At
torney Rawls appears for the defense.
A number of witnessess were examin
ed this morning and the case submit
tpd to the jury about ? o'clock this
afternoon.
In Honor of Miss Barton.
A very pleasant gathering occurred
last evening at the Crabillbome, when
Miss Etha entertained a number of
her friends, in honor of Miss VivaBar-
ton,
of Lincoln, who is visiting in this
city.
The evening was pleasantly
spent in a musical and social time,
the great part of which was derived
from a contest, in which the young
ladies attempted to make fudge in a
chafing dish, nad there been a prize
for the successful one, it would have
been awarded to Miss Mable Trussler,
who prepared a batch of sweetmeats,
after the others had failed.
At the conclusion of an enjoyable
evening, after partaking of refresh
ments the merry-makers departed for
home. Those present were Misses
Blanche Murray, Alice Kerr, Ethel
Smith, Margaret Mauzy, Leona Brady,
Ethel Robinson, Edna Petersen, Zel
maTuey, Ethel Leyda, Mable Trus
sler,ICarrie Becker, and Mrs. E. II.
Wescott and Mrs. Chas. Freese.
Impure blood runs you down makes
vou an easy victim for organic diseases.
Burdock Blood Bitters purifies the
bloon cures the cause builds you up.
Little globules of sunshine that
drive the clouds away. DeWitt's Lit
tle Early Risers will scatter the gloom
of sick headaches and billiousness.
They do not gripe or sicken. Recom
mended and sold here by F. G. Fricke
&Co. - -
Visits Scene of Wreck.
Superintendent Ed Bignell of Lin
coin, who was engaged the greater
part of yesterday, conducting ...an ex
arnination of .the-' trainmen of the
Burlington passenger No. , and the
extra freight, which were in the rear
end collision Monday morning,, came
In from Lincoln yesterday afternoon
to continue the examination in this
city. The scene of the wreck was vis
ited and the signals inspected by the
railroad otliclals, among who wasS. D.
Graham, superintendent of the sema
phore system, and the case finally sift
ed down to a question of veracity of
Engineer Rockwell of the passenger
and Yardmaster C. S. Johnson. The
former asserted that the caution sig
nal was not set against him when he
passed that point on the morning of
accident. The signal was found to be
in the proper position several minutes
after the wreck, as Yardmaster John
son declared lie had set it, before the
passenger was due. The evidence of
the engine crew of switch engine o!K
and of Dave Wallengren and "Posey"
Messersmlth corroborated Mr. John
son's testimony.
REPUBLICAN EXTRAVAGANCE
The Omaha Bee Calls Upon the Financial
Manipulators of the State to Halt.
Unless the legislature cuts down the
appropriations and cuts deep Nebras
ka is going to find itself mortgaged
worse than it has ever been, for the
appropriations are away and beyond
the dreams of any conservative busi
ness man, says the Omaha Bee.. The
salary bill alone carries a total of $1,
900.2UO. Two years ago there was ap
propriated SI, 910,1)17, showing a little
decrease this year. The total of the
salary bill and the current expense bill
is .TW.TOO for the biennium. On a 5-
mill levy, based on a grand assessment
of $321,000,000 for !!" and $329,000,000
for lnos. which is the way the univer
sity regents figure it, the total reve
nue to be paid the state for the bien
nium will be $3,250,000. This will leave
for the deficiency claims bill, for the
claims bill and foi all permanent im
provements and special appropriations
S4."i4j,21(?. There is serious talk of cut
ting out the appropriation of $100,000
for the addition to Kearney Normal
school and let that institution worry
along for two years more at least with
the same capacity it now has and the
same sentiment prevails regarding the
enormous amount of money the uni
versity wants from the general fund.
It is believed under business man
agement the university can well get
alonvr with what money will be raised
under the 1 mill levy and there seems
to be an impression that it is not nec
essary to give the university 1 cent out
of the general fund. Hon. Peter Mor
tensen, who probably knows better
than any other Nebraskan the condi
tion of Nebraska finances, said the un
iversity could get along well without
taking a cent out of the general fund,
and he said also it would not be neces
sary for the Kearney school to build a
$100,000 addition. He was a member
of the State Normal board and he
handled the university money, so is in
a position to know.
To be Married this Evening.-'
A marriaga license was issued ; this
afternoon to Otto A. Puis and Miss
Anna West, two of Cass county's pop
ular young ueople. The happy event
will occur this evening at the Chris
tian church in this city, Rev. A. L
Zink, officiating.
Independence.
Every man in the world can and
should be independent, no matter
what his vocation is. If he knows how
to keep his body strong and healthy,
bis mind clear, his conscience pure; if
he knows bow to practice self-denial
and self-control; if he strives- for bet
ter eaucauon, ne always can rely on
himself. In the first place he must be
healthy, because struggle without
health and strength Is absurd or worth
less. Jf you remember that good health
is impossible without a good stomach,
you will understand why Triner's
American Elixir of Bitter Wine should
always be at hand. It is without ques
tion the best remedy for the stomach
and the whole alimentary tract. It
will regulate the digestion and then
make new blood, the foundation of the
health of both body and mind. Pure
blood will make'you independent.cour
ageous and sociable. Use Triner's
American Elixir of Bitter Wine in all
cases of indigestion, nervousness.tired-
feeling and blood diseases. At drug
stores. Jos. Triner, 799 S. Ashland
Ave., Chicago. Illinois.
Found at Last.
J. A. Harmon, of Lizemore, West
Va., says: "At last I have found the
perfect pill that never disappoints me;
and for the benefit of others afflicted
with torpid liver and chronic constipa
tion, wiil say: take Dr. King's New
Life Pills." Guaranteed satisfactory.
25c at F. G. Fricke & Co., druggists.
Two days' treatment free. Ring's
Dyspepsia Tablets for impaired diges
tion, impure breath, perfect assimila
tion of food, increased appetite, ,'Do
not fail to avail yourself, of the above
offer. Sold y Gering. & a!s jhrag
MAY FIGHT TWO-CEIIT RATE
The Probabilities Are That the Railroads
-. Will Take the Matter Into the Courts.
A special from Chicago says: W. B
Biddle, trailic manager of the Rock
Island-' Frisco svstem said he would
Dot be surprised if the railroads should
take the question of reduced passenger
fares into the courts. "I know this
matter has teen discussed Informally,"
he said, "but I am not prepared to
say that any definite line of action has
been determined upon. The action of
the Nebraska legislature placed us at
a serious inconvenience. We did not
have time to revise our rates. All we
could do was to notify our agents of
the passage of the law and instruct
them to conform with its provisions
In computing fares in Nebraska. In
that territory the cost of operation is
much greater than it is in the east,
and there are other conditions with
which we have to contend that the
legislatures of several states seem not
to have taken intoconsideration. Look
what they did in Wisconsin. It is
only an example of what should be
done in every commonwealth. A
commission was appointed to inquire
into the advisability of enacting the
2-ceut fare law. It continued its in
vestigation eight months and reported
that a 2-cent fare law In Winconsin
would be unjust."
P. S. Eustis, passenger trartic mana
ger or tne jnicago, isumngion
Quincy railroad said a thorough system
of accounting has been inaugurated to
show the precise earnings under the
new law. A strict account of earnings
will be kept and comparisons with
the revenues of preceding years will
be made. . .. .
Officials of the Harriman and Hill
lines in Omaha say they know nothing
positive about any intended legal
action that is to be taken until posi
tive data as to any possible loss re
sulting from the railroad legislation is
obtained. They assert that the rail
roads will give the new law a fair
trial before any action is taken, and
are of the opinion that any report of
possible litigation is a trifle premature.
NOTICE OF CITY ELECTION.
The qualified electors of the City of
Plattsmouth, Nebraska, are hereby
notified that an election will be held
in the said city on the 2d day of April,
1907, for the purpose of electing one
Councilman from each of the five wards
of said city. Also two members of the
School Board for the district in which
said city is located.
Also the electors are requested to
vote for or against the following prop
position: Shall the city council of the
City of Plattsmouth contract for city
lighting for streets, and publicgrounds
in said city? Those voting for the
proposition will vote "yes:" those vot
ing against the proposition will vote
"no."
Polling place in first ward, in public
library; second ward. Turner hall;
third ward, A. O. U. W. hall; fourth
ward, Council Chamber: fifth ward,
Bach's store. The polls will open at
9:00 a. m. and close at 7:00 p. m.
By order of the City Council.
. attest: Henky R. Gering,
W. B. Elster, Mayor.
City Clerk. 3 5
ManZan Pile Remedy put up in con
venient, collapsible tubes with nozzle
attchment so that the remedy may
be applied at the very seat of the trou
ble, thus relieving almost instantly
bleeding, itching or protruding piles.
satisiaction guaranteed or money re
funded. Sold by Gering & Co. Drug
gist.
The relief of Coughs and Colds
through laxative influence, originated
with Bee's Laxative Cough Syrup con
taining Honey and Tar, a cough syrup
containing no opiates or poisons, which
is extensively sold. . Secure a bottle at
once, obtain a guarantee coupon, and
if not fully satisfied with results, your
money will be refunded. Sold at Ger
ng & Co's drug store.
Got Caught in Machinery.
While working with a gasoline en
gine of his own invention, which is
stationed in Knapp's machine shop on
south sixth street, Roy Boyd got his
eft hand caught in the machinery
last evening. Before the hand could
be withdrawn Roy was hurled about
the air, for a time spinning around on
his head, and finally landed in a heap
free from the machinery. The left
hand was quite seriously sprained and
bruised but fortunately no bones were
broken.
KODOL digests what yoa eat and
quickly ovarcomes indigestion, which
is a forerunner of dyspesia. It is made
In strict conformity to the National
Food and Drugs Law and is sold on a
guarantee relief plan. Sold bv F. G.
Fricke & Co.
Send us your picture and $1.00 and
we will make you 25 genuine photo
graph post cards. Olson Photo
graph Co., 225 Coates Block, Platts
mouth, Neb. . .
. TeetlrSS
- . .
Geld Crowns and Bridge Teeth $3.50 up. Poree
lain Crowns $3.50 op. Fillings 500 up.- Teetb
Extracted Painless. New set same day.
BAIliEY.Tho Dentist. 1
fLsUMUbed iS88. Paxtoe Blk. OflAHAd
Sudden Death of Theo. Jahn.
Theo. Jahu, one of Elmwood's loved
and respected citizens, suddenly pass
passed away at his home here Wednes
day evening from heart failure. He
had done the evening chores, came In
to the house, sat down and was talk
ing, when he became unconscious.
Medical aid was at once summoned,
but to no avail, his death occurring at
eleven o'clock without regaining con
sciousness. His sudden death has cast
a gloom over the community.
Funeral services will be held from
the Catholic church at 10:.fJ0 tomorrow
morning. Elmwood Leader Echo.
GAR SHORTAGE COMPLAINTS
Transportation Companies Get Behind With
Roads Too Bad for Delivering Grain.
Many complaints are heard about
car shortage, says the Lincoln Journal.
The movement of grain at this time is
not nearly so heavy as the offerings
should make it, because of inability to
get cars. With better roads the mar
keting by farmers will increase and
the congested condition of the eleva
tors of the state will be aggravated.
A banker says that a number of Ne
braska grain men have suffered losses
because the railroads could not move
their grain in time to fill delivery con
tracts. If elevator men are unable to
handle the business later on when the
farmers begin hauling grain to market
a serious condition of affairs will re
sult.
A man familiar with the situation
said yesterday: "The railroads should
begin rushing empties westward now
and should make every effort to clear
the elevators of grain at this time
while the country roads prevent the
farmer from doing a great deal of
marketing. Now is the time for the
railroads to relieve themselves of
trouble later on. The weather has
been almost ideal for railroading, and
yet the roads have been such that the
farmer could not do a great deal of
hauling. With these conditions ex
isting the roads have not been able to
move the business offered, and have
been getting farther behind on orders
for cars. One thousand grain cars
distributed over the lines of railroad
in Nebraska today would hardly make
a showing, and within three days the
demand for cars would be just as
strenuous as now."
BURLINGTON REDUCES TIME
To Add Six Hours to No. One's Time, Ac
cording to Chicago Reports.
The running time of fast trains on
western roads is to be lengthened and
these trains will be given a consider
able amount of local work to do, ac
cording to reports from Chicago, says
the Lincoln Journal. It is said that
Burlington No. 1 will be given six
hours more time in which to make
the run from Chicago to the mountain
terminal, if plans under discussion
are adopted, and that No. G, the east
bound limited, will also be given more
time in which to do local work. The
time of Northwestern and Union Pa
cific fast trains is also to be reduced,
and the present situation in regard to
speed is to be maintained relatively.
The Rock Island, which recently
made such a fast spurt to get in on
the agreement, and its trains will be
slowed down.
Discussing the matter under consid
eration by the vice presidents in
charge of operation, the Chicago Rec
ord-Herald says:
"Although no understanding has
been reached, thero is a general feel
ing that the time of the fast trains
between Chicago aud Omaha and
Kansas City should be lengthened by
about two hours; the time of the fast
trains between Chicago and Denver
by five or six hours, and the time of
the fast trains between Chicago and
the Pacific coast by nearly half a day.
"The Burlington's fast train be
tween Chicago and Denver, for exam
ple, now makes the run in twenty-
seven and one-half hours, and it is
proposed to place" it on a schedule of
thirty-three hours, or even slower. If
this is done corresponding reductions
will be made in the time between the
other cities mentioned.
"The saving in expense by such a
rearrangement in schedules would re
sult in a saving in the cost of opera
tion of the trains affected and would
also make it possible to take off a
large number of local trains. With
lengthened schedules it would be pos
sible to do the local work with the
fast trains."
It is claimed the railroads will make
a number of moves to secure greater
economy in operation, and that the
present service will be maintained.
Restrictions and rate legislation is
given as the cause for this move on
the part of the roads.
Funeral of C. W. Hicks.
The Lincoln Star of yesterday says:
"The funeral of Charles W. Hicks who
was killed last Saturday .by a Burling
ton train on North' Fourteenth street
was held this afternoon at 2:30 o'clock
at the home of his daughter, Mrs.
Henry Carr, near. Greenwood, Keb.
Burial was in CampCreek cemetery."
LIFE INSURANCE
CASE IN PROGRESS
'Heirs of Anton Sebasta Suing Supreme
Court of Honor for $1,000.
THE QUESTION OF SUICIDAL INTENT
Jury Returns Verdict for $42.50 in Dam
age Suit of Missouri Pacific vs
Cass County.
The case of John Sebesta, sr., et. al.
vs The Supreme Court of Honor lias
occupied the attention of the court
and jury today the action being a
suit to recover judgment for $1,000 on
a death benefit certificate, issued to
Anton Sebesta, who died in July, ltK).'5.
The question involved in the litiga
tion is in regard tocommittingsuicide
it being advanced by Attorney Tidd,
on behalf of the defense, that the de
ceased man ate a quantity of matches
with a sucidial intent, and that death
resulted from phosphoric poisoning.
This.as alleged, rcleasedjthe defendant
from paying the benefit certificate,
which contained a suicidal clause.
A further argument is advanced
that the plaintiffs the parents, broth
ers and sisters of the deceased Anton
Sebesta, are not named as beneficiaries
in the benefit certificate, but that a
cousin, Fred Shaffer, is named as such.
The contention of the plaintiffs, rep
resented by Matthew Gering, is that
Shaffer is not the legal heir of the de
ceased. Several prominent physicians,
among whom are Dr. Hungate, of
Weeping Water; Dr. J. S. Livingston
and Dr. J. II. Hall, were called to tes
tify in regard to the symptoms and
general effect of phosphoric poisoning
upon the system.
The jury after being out but a short
time on the $1,000 damage suit of the
Missouri Pacific vs. Cass county, re
turned a verdict awarding the plain
tiff the sum of $42.50. The action
grew out of a refusal on the part of
the county board to allow a claim of
$1,000 filed by the Missouri Pacific for
damages to its highway, by the con
struction of a public road crossing its
tracks. In a trial had before Judge
Jessen the plaintiff secured a judg
ment for one cent, when they appealed
to the supreme court, which held that
the railroad was not entitled to dam
ages for putting in the crossing, cat
tle guards, and whistling posts, but
could recover judgment for the land
confiscated. The road in question
was laid out by County Surveyor Hil
ton in l!05, and is located on the north
line of section two in Liberty pre
cinct. After the decision of the su
preme court, the case was returned
for trial in district court to determine
the value of the land taken by the
county from the Missouri Pacific.
During the argument before the jury,
A. N. Sullivan, the attorney for the
plaintiff, estimated the land (four
tenths of an acre) at about $103 while
the county conceded only $40, as a
consideration for the land.
Entertained at 6 O'Clock Dinner.
The hospitable home of II. N. Dovey
was the rendezvous of a number of
young gentlemen last evening, when
they were entertained at a 6 o'clock
dinner, in honor of George Dovey, who
was celebrating his fifteenth birthday.
At the hour designated a merry dozen
of stags were seated around the festal
board, where amid much merriment
an elaborate repast was partaken of
with much relish. The birthday cake
caused some excitment, when it was
made known that various prognostic
ingredients were to be found therein
The button fell to Bruce Rosencrans:
a dime was exposed in the portion of
cake held by Edwin Fricke; a penny
in that piece secured by Wayne Mur
phy; while the pretentious ring was
foundi n Jack Patterson's possession"
At the conclusion of an enjoyable
evening the participants wished
George many happy returns, and
journeyed homeward. Those to assist
in the occasion were Messrs. Paul
Morgan, Edwin Fricke, Wayne Mur
phy, Raymond Travis, Frank Smith,
Bruce Rosencrans, Earl Hassler, Tom
Swearingen, Jack Patterson and Mil
ford Bates.
Entertertains Aid Society
The Ladies' Aid society of the Chris
tian church, met at the residence of
Mrs. A. J. Graves, corner Ninth and
Granite streets Wednesday afternoon.
The time was pleasantly spent in
social conversation and a reading by
Mrs. E. L. Rouse, subject: "The Ja
maica Earthquake." They had as their
guests Mr. and Mrs. VanHorn, who
have recently returned from their
wedding tour in the west. The groom
the ladies a nice treat of confection;
ery in honor of the occasion which was
very much appreciated. A delicious
lunch was served by the hostess, Mrs.
A.J.Graves, which was enjoyed by
all present.
Solid gold and filled watches at Cra
bill's jewelry store.
For Sale.
. Upright piano, mahogany color, and
in first-class shape. Will be sold in
thirty days. Call at Journal office.
Better Bein
Thinking
About That
NEW HAT
Of Yours
i I
1 ' i
I !
i i
I !
Our Name in Your Spring Hat j
! is the only guarantee you need ,
i ! E.C. j
Wescott's j
....Sons....
j "Whr Quality Count ."
MILLINERY ANNOUNCEMENT
The Popular Department Store of M.
Fanger Announces Their Opening
for Saturday, March 23d.
As the Spring millinery season
is near at hand the big Department
Store of M. Fanger is as usual to the
front with one of the largest lines of
Spring millinery ever brought to Cass
county, and announces his opening for
Saturday, March 2:'d, which means a
great deal to the careful purchaser in
ladies' headwear in all lines. The
many successful seasons in the past
has encouraged Mr. Fanger to place
in a much larger line this season than
ever before. The styles are always
right and the prices strictly in keep
ing with the goods offered.
Selling and purchasing millinery are
two separate and distinct trades, and
Fanger knows his business when it
comes to buying, and the goods sell
themselves. Do you think that we
would be able to open a store in Om
aha, where the strongest competition
west of Chicago exists, if we were not
correct when it comes to the latest
styles? Our expert trimmer, Miss Ma
bel Birch, is from Missouri, and the
goods will be showed."
In the front part of our store we
will have on dispiay durin our opening
one of the largest hats ever worn or
seen by any woman in Cass county.
Mr. Fanger also wishes to announce
that he selects his own goods direct
from the big houses in New York, and
bis trimmer obtains the latest styles
in the trimming line, thus you arc not
buying goods from traveling salesmen
who usually place the best of their
line in the larger bouses and in large
cities: here you get the goods direct
from where the styles are created.
Remember the opening day is Sat
urday, March 2:Jrd, which may seem a
little late to you but when you see the
line it will explain why it has taken
so long to prepare for the opening
day. Call and see what we have
whether you buy or not.
A Large Lemon.
Mr. and Mrs. Ivan White of Rock
Bluffs were in the city today, and they
made the Journal a brief call. They
bad just received from their grand
daughter, Mrs. J. Grow, a mammoth
lemon weighing one pound and two
ounces. Mrs. Grow lives at the little
hamlet of Mansfield, near Fort Worth,
Texas, and the tree from which this
one was picked contained twenty-four,
and is six feet in length. Sne has
other lemon trees, and Mrs. Grow
wanted to show hergrandparents that
lemons can be successfully grown in
that country.
In County Court
A petition to probate the will of the
late Joseph Graham, formerly engaged
n the hardware business in Avoca,
was filed in county court today. The
estate is valued in the neighborhood
of $20,000, including both real estate
and personal property.
A petition to probate the will of the
late Mary A. Raynard, who resided
south of Rock Bluffs, was also filed in
county court today.
A marriage license was issued to
to Fred Meisinger, aged 22, and Miss
Teresa Marler, aged 17, both resident
of Mynard.
Ring's Little Liver Pills thoroughly
clean the system, good for lazy livers,
makes clear complexions, bright eyes
and happy thoughts. Sold at Gering
& Co's btore.
n v
