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moutb 36umal
Semi Weekly
FOUR PAGES
Seml-Weekiy
FOUR PAGES
VOLUME XXVIII
ILATTSMO UTII, NEBRASKA, MONDAY, JULY 20, l'JOS
NUM 1515 It :i
ixbe
Platte
PLATTSHOUTH LflD
DRQWF1S If! POND
Lfoyd Barr, Son of Mrs. C. Darr, cf
this City, Meets a Sad Dcalh
at Ssbula, Pennsylvania.
The Journal is in re?eipt of a copy of
the Dubois Morning Courier, of Dubois,
I'a., which contains an account of the
unfortunate accident by which Lloyd
Barr, formerly of this city, lost las life.
The Courier says:
"The first drowning ever known at
the Sabula pond, according to the recol
lections of inhaditants living there ever
eince the dam was constructed, occurred
Saturday night. The life lost was that
of Lloyd Barr, a youth sixteen yearsof
age, who Ii.ed with his uncle, James
Duttry, whose home is perhaps a half
or three quarters ot a mile above the
pond. The natives tell of rescues and
numerous narrow escapes, but this is
recorded as the first fatality.
"Lloyd Carr and three companions, the
others ranging in age from twelve to
fifteen years, came along in the even
ing about y o'clock and asked one or two
of the campers on the east side of the
pound, comprising a part of the Sabula
Outing Club, for a boat. The campers
do not like to appear uncongenial and
refuse to lend their boats, yet they al
ways fear the danger, as the young
people of the surrounding district are
wholly without training or practice in
the use of boats and are utterly un
aware of the importance of observing
certain rules for safety on the water.
This quartet of boys met a refusal as it
happened, but were peristent, as they
had their hearts set on enjoying a row.
Finally they helped themselves to a
small duck-hunting boat owned by L. S.
Munch, which had a broken oar-lock.
Mr. Munch says he warned them that
the boat was not in condition, but they
found some oars somewhere along the
beach and paddled out on the pond.
Not realizing the caution required to
keep a craft of that kind right side up,
particularly when in a measure disabled
and carrying more in numbers than in
tended to accommodate, it was soon
capsized. Mr. and Mrs. Munch, ac
companied by a friend or two, had in
the meantime put out in their naphtha
launch for an hour's ride and did not
know what the boys were doing. And
it so happened that none of the other
boating parties on the pond at that time
were in the vicinity, and the first at
tention attracted by their shouting was
from the shore. Airs. H. A. Moore,
who happened to be along the shore at
the time was the first to understand
that something was wrong, and being a
strong rower and swimmer she at once
jumped into a boat and put out in the
dark in the direction the calls were
coming from, and where she could see
rather dimly that there was a boating
party. At the same time she called to
Mr. Moore, who was near their cottage,
and he took another boat and started to
the rescue. The upturned boat was
several rods from the shore and the
point from which Mr. Moore started
was much farther, but she quickly
covered the distance and found a lad
exhausted but still clinging to the hull
of the boat. She took him in. Two
others were swimming towards the
shore shouting that theywere exhausted
and must have helD or they would go
down. Mr. Moore's timely start saved
them, as he met them and gathered
them in. From these boys it was learned
that there was still another in the party
- and that he had gone Sown. By that
time Mr. Moore was so near the shore
the boys he had could wade out, and he
told them to jump out and wade and he
would save time returning to the deep
water for their companion. He cruised
about where the boat went over, but
could find no one. By that time the
cottagers, seme of whom had already
retired, were out to lend their assist
ance. Some of them swam around and
did some diviner, but the most practical
plan seemed to be to rake the bottom.
Several long-handled rakes were gath
ered up and a number of row boats put
out, but the exact location of the boy
when last seen was hard to fix. D. L.
Corbet t asked one of the three rescued
boys to get in the boat which he and L.
S. Munh were about to start with and
guide them as near to the spot as he
could. Mr. Corbett rowed the boat and
Mr. Munch handled the rake and in a
few minutes they found the body. As
near as could be told this was fifteen or
twenty minutes after the youth had
been thrown in the water. While the
first efforts were being made to revive
bim a physician at DuBois, the nearest,
was reached bj telephone. He advised
" how to work to resuscitate the boy, and
if it were possible it could be done with
out him as well as with him. Another
physician, Dr. Davenport, was reached
Later and requested to come, which he
did. The campers and residents about
the vicinity worked faithfully for more
than an hour,, bnt when Dr. Davenport
arrived he made a careful examination
and announced that it was useless to
work any longer. The body was then
placed on a cot and carried home.
"The youth had lived all his life by the
pond and could swim, but was inex
perienced with a boat. He wore a coat
and enough heavy clothing to weight
him down, but it was the opinion of the
physician that he had been stunned by
an oar or the boat in some way when it
went over or he could have been seen
strugglirg in the water by someone.
The boy was raised by his uncle. His
mothei who has not seen him since he
was a little lad, lives in Omaha, Neb."
Finds Against Railroad.
The coroner's jury in the inquest on
the body of J. F. Ford the Burlington
brakeman, killed at Cedar Creek quar
ries on July 14 yesterday at Lincoln
brought in the following verdict: "That
the said Joshua Franklin Ford came to
his death by injuries received at or near
Louisville, Neb., and died near Lincoln
Lancaster County, Neb., on July 14,
190S, by being crushed between draw
bars of engine and coal car through
negligence of C. B. & Q. Railway com
pany." Signed by M. Tebrinke, forman; Sam
uel Scott, J. H. Robertson, E. E. Carr,
John Eckery, and T. J. Roberts.
The witnesses examined included the
members of the train crew who worked
with the ill-fated man and the doctor
who attended him. Conductor F. E.
Ledwith and Brakeman Charles Ayers
testified they did not see the accident
not being with the engine at the time.
Brakeman F. L. Grainger who had
charge of the engine at the time of the
accident, testified that the injury was
caused by the coal car to which they
were trying to couple the engine, run
ning backward upon the unfor
tunate man. An attempt had been
made to couple the engine to the car
but the automatic couplers failed to
work and Ford was engaged" in arrang
ing the coupler on the engine when the
coal car, which was standing upon an
incline with no brakes set, ran down
upon him, catching him between the tank
of theengirethe car, crushing his back
and hips. The impact of the car caused
the engine to move forward, the en
gineer reversed his machine. Ford fell
to the track, crying out he had been
killed. Dr. Worthman testified that
death was due to internal hemorrhage
on account of the crushing he had re
ceived. The engineer of the train was
F. R. Whitaker. It is probable legal
action will follow the verdict.
A Birthday Surprise.
At the pleasant home of Mr. and
Mrs. Glenn Perry a birthday surprise
was given in honor of Master Virgil
Perry's 9th birthday.
The children enjoyed themselves in
various games. Many beautiful pres
ents were left as tokens of the occasion
and which were greatly appreciated by
the little host, as they will often re
mind him of the pleasant afternoon
they spent together.
The refreshments consisted of ice
cream, cake and punch. Mrs. Charles
Perry and Mrs. Charles Spangler as
sisted Mrs. Glenn Perry in serving.
Those present to enjoy . the occasion
were Robin Richardson, Glenna Barker,
Ruth Hamilton, Elsie Gapen, Mattie
Gapen, Margaret Spangler, Roy Stokes,
Walter Hamilton, Martin Spore, Oliver
Gapen, Willie Richardson, Everett
Spangler, Roy Clarence, Walker Gil
more, Oscar Gapen, Virgil Perry, Rus
sel and Oliver Perry.
At a late hour the guests departed
wishing Master Virgil many more happy
birthdays in future years and congrat
ing Mrs. Perry as a royal entertainer.
In Judge Archer's Court.
The celebrated Archer brand of
! justice had .an inning this morning when
Wm. McMaster was arraigned before
Judge Archer on the charge of being
drunk. The facts in the case disclose
that William had a sure cure for corns
which he dispensed to the people for
considerations, and after having obtain
ed several considerations he invested
the proceeds in the various brands of
snake bite preventive, becoming as a
result highly inebriated. He wandered
into Pete Goos' stable thinking perhaps
he was a mustang or other beast of
burden, having so heavy a load, and
Peter promptly informed officer Cory
who gathered Wm. in. After a night
spent with Jailor Manspeaker William
faced his honor who fined him one sim
oleon and the trimmings and gave him
one hour to leave the city, suspending
the fine if he did so. William adjourn
ed to Iowa where he believed the tempter
could not get him.
SAM BIGGS
GOES FR
County Attorney Rawls Dismisses the
Case Against Kim Probable
End of the Trouble.
The notorious Biggs case received its
probable final ending Saturday in
the justice court of Justice Archer,
when that official sustained a motion
filed by County Attorney Rawls to dis
miss the case. The motion filed in be
half of t!ie State contained no reason
for asking a dismissal, and consisted
solely of a brief and curt motion. Af
ter the developments of the past few
days this action cannot be looked 0:1 in
any other light than very extraordinary,
and a decidedly curious action.
That a case prosecuted by a prominent
citizen whj gives security for costs
should be so summarily dismissed would
look as if there was some reasonable
grounds for the many rumors which
have stirred up the community for the
pat few days. Under the peculiar con
ditions surrounding this case, it would
have seemed best to have allowed it to
go to trial, but the county attorney's
judgment was otherwise and he is the
party who is responsible if justice has
not been done.
The Biggs case filed originally before
Justice H. D. Barr, was transferred to
the justice court of M. Archer this
morning, the defendant having filed the
necessary motion last night for a charge
of venue alleging bias and prejudice on
the part of Justice Barr, and securing
the costs in iJ 0 case.
This morning Justice Barr was un
able to complete the transcript in the
case and by agreement of Attorney
Matthew Gering representating the
prosecutii.g witness, and Byron Clark
attorney for defendent, the original
papers were filed with Justice Archer
and a transcript waived. Matters had
proceeded this far when County At
torney Rawls interposed in the case and
filed he motion to dismiss which Justice
Archer sustained and discharge the de
fendant. The arguments on the motion
were more or less personal in their
nature "Attorney Gering's main con
tention being the lack of faith in dis
missing the case manifested by County
Attorney Rawls. He also severely
scored John M. Leyda, Biggs, Rawls
and others for their part in the case
against his brother Henry R. Gering
and insisted that their conduct was
reprehensible. He did not seriously
question the right of the County At
torney to dismiss the cass but argued
that this action tended to prove his
claim of a conspiracy to defame his
brother's character. County Attorney
Rawls rested his argument upon his
right under the statute to dismiss as
well as prosecute all cases brought in
the name of tbe State.
The court room was literally packed
with people anxious to hear the case,
there being a number of members of
the W. C. T. U. present to encourage
County Attorney Rawls and the defen
dant in their case. The general con
sensus of opinion of the spectators was
that County Attorney Rawls had acted
very unwisely in dismissing the case,
as they felt Mr. Gering should have
had a chance to vindicate himself. They
were also unsparing in their criticism
of the defendant's conduct, and those
whom he claimed were behind him in
the Gering prosecution.
County Attorney Rawls after the
hearing was over stated to a Journal
reporter that he wanted it distinctly
understood that he would prosecute any
and all cases where the evidance war
ranted; that all he asked was to see the
evidence and have an opportunity to
pass on its sufficiency, a perfect correct
attitude if it is followed.
The vague rumors of other cases
traced down seem to rest upon slender
foundation as there is a general dispos
ition to be little the imbroglio and let
matters rest. The general public is tired
cf the mess and would like to have the
cases settled as Mr. Gering . has now
been amply vmdicted by events.
One of the features of the case is the
error of the correspondent of the Om
aha Bee in stating that the saloons of
the city were back of the prosecution
of Gering & Co. No such rumors are
afloat here and no such suggestion has
ever been heard. The saloon men are not
involved in the fight in any way.
Odd Fellows Picnic at Avoca
Avoca, Neb., July 17., (special to the
Journal) The Odd Fellows will hold
their annual picnic on August 6th. A
number of attractions have been secur
ed and a large crowd is expected to be
present.
Suit for Divorce.
Anna GciserSaturday began a sensa
tional suit for divorce from her hus
band, John Geiser, Attorney Byron
Clark filing a petition in uistrict court
that fairly bristled with charges, most
of which are utterly unfit for publica
tion. If the petition i9 substantiated
John will emerge from the case about
as black as hades.
Mrs. Geiser charges him with being
an habitual drunkard and with using
the vilest of epithets tow ard her. He
also seems to have been guilty of cru
elty in its most extreme and aggravated
form, some of the forms being such as
would come under the head of bestial.
In her prayer Mrs. Geiser asks that
her husband be enjoined from entering
upon the premises or from maltreating
plaintiff; that she be decreed the owner
of the real estate in Micklewait's addi
tion to this city, valued at $700, and for
such other and further relief as may be
just and equitable.
HABEAS CORPUS
PROCEEBIBSS.
Custody of P.linor Children
Thus Obtained Causes
111 Feeling-
The habeas corpus case brought in
county court several days ago by Mel
vin Karth to recover possession of his
two minor children, came to a sudden
end Wednesday afternoon, when the pos
session of the children was surrendered
by the defendant Grimm to Karth and
wife. The children were brought to
the city by Sheriff Quinton on the
Schuyler and immediately taken to
Judge Beeson's office, accompanied by
their parents,' who met them at the
depot. Mr. and Mrs Grimm also came
in from David City and employed A. L.
Tidd to represent them in the case.
When they were ready to proceed to
trial a proposition to settle was made,
the defendants being willing to settle
for $60, covering their expenses and the
board of the children, which finally was
accepted and paid by Mr. Karth,
who also paid the costs, amounting to
some $25. Considerable feeling was
manifested between Mrs. Karth and
the Grimms, an outbreak in the court
room being averted only by the en
deavors of counsel.
As an outgrowth of this feeling Mrs.
Karth began a suit against Grimm for
$198, the value of some household
goods which she claimed they had con
verted to their use and which belonged
to her. A summons in the case was
served upon the Grimms, and they
made haste to settle this case by agree
ing to ship the goods to the Karths at
this point. The case is still pending
and is to be dismissed when the goods
are received. The case bid fair to be
a sensational one if tried, but appar
ently neither side wanted a trial, as
the defendants apparently overlooked
some of the legal defenses available.
It had many humorous features.
Will Compete for Prjzes,
The members of the local branch of
Tel Jed Sokol society are making prep
arations to send a team from this city
to Omaha, to compete in the great
tournament to be held in Omaha on
July 31, August 1 and 2. This will be
one of the largest gatherings of Bohe
mian turners ever held in the west, the
entries already comprising 125 men and
fifty women turners, coming from sev
eral states. It is the regular meeting
of the western district.
Mayor Dahlman of Omaha will be
present at the opening and ' deliver an
address of welcome on behalf of the
city, and a big time is expected. The
local turners have great hopes of get
ting away with their share of the prizes,
and as they are a fine, manly set of
boys, their hopes may be realized.
Emmons Ptak will be the delegate
that will go from the local lodge
to the grand lodge, which will meet at
Detroit in a few days, and he wrill be
present at the meeting. This conven
tion is held every five years.
Fell From a Wagon.
Julius Ramge Saturday received se
vere injuries by a fall from his wagon
He had driven in behind the meat mar
ket of Kunsmann & Ramge with his
waeon and was standing: on a box in
the wagon when the team suddenly
started up, turning the box over and
precipitating him to the ground. He
alignted squarely on his head, cutting
the scalp some and badly wrenching
and bruising his neck. His brother,
Fred, witnessed the accident and went
immediately to his assistance.
He was taken home at once and placed
in bed. Today he was unable to be out
although his injuries are not considered
dangerous. It is thought he can get
around again in a few days.
IS PLACED AT
DISADVANTAGE
Home Contractors Apprised Only In
Verbal Manner of County
Work to be Done.
Local contractors have been some
what wrought up by the discovery that
bids had been adveriised for by the
county commissioners for concrete cul
verts and bridges throughout the county
in the Weeping Water Republican, a
paper which does not circulate in this
commuuity.
This is a matter for which the com
missioners are not responsible, as that
paper put in a bid for the county print
ing at a figure so low as to be ridicu
lous, and being so much lower than the
other papers it obtained the job. The
result was bound to be highly unsatis
factory, as local contractors could not
know what work was contemplated,
while the representatives of the big
outside firms kept posted.
The commissioners had several bids
due today, and when they came to open
them they found only one bid was in,
that of a Lincoln firm. Commissioner
Friedrich took interest enough to vei-
bally inform several of the contractors
of the bids and also took occasion to
call their attention to the fact that they
can submit their own plans and specifi
cations for the culverts and bridges,
the plans to be approved by the com
sioners. As a matter of information to all
parties interested The Journal desires
to state that the commissioners are
asking bids for a fifty-foot concrete
wall to be erected at the head of Chi
cago avenue; also for a concrete arch
culvert 7x8 feet to be put in near Capt.
Isaac Wiles' place; also for a forty
foot concrete arch near Chas. Warner's
place and a culvert 6x6 feet near Cedar
Creek. They would be pleased to have
all contractors call and talk the matter
over, as well as submit bids.
In the County Court.
Before Judge Beeson in the county
court Friday the hearing was had in the
matter of the final settlement in the
estate of Jas. L. Dewey. In this case
John M. Leyda as guardian for several
minor heirs, had filed objection to the
allowance of the final report of Admin
istrator A. D. Welton, on the ground
that he had been allowing the widow
fifty dollars a month for maintenance
without an order of the court to that
effect. Judge Beeson held the allow
ance to be all right and made an order
to that effect. Leyda also objected to
the administrator selling personal pro
perty to the value of $1,500 without ap
piaisers being appointed and an order
of sale issued. The evidence disclosed
that the minor heirs had taken part in
the sale and were satisfied with the out
come, so Judge Beeson sustained the
action of the administrator and ap
proved his final report and gave him his
discharge.
Peter Eveland as guardian of Robert
Metteer, incompetent, filed his annual
report, showing $7,390.03 on hand,
which report was approved by the
court.
The second hearing on claims in the
Jno. D. Thierolf estate was also held,
all claims filed being allowed.
The contest over the Johnson will did
not come up, the parties being not
ready to proceed to trial. The case
was continued until September 15.
Wescott's Sons Shaping Up.
Wescott's Sons are slowly getting
straightened around in their building,
but hope to have everything lined up in
a short time, and get back to their reg
ular routine. The have collected to
gether all the stock damaged by the
siorm and are placing it on the market
at a great reduction from its real value.
Much of the stock was practically unin
jured, but it will go just the same. To
keep the stocks separate, they have
rented the Morgan building, next door
west of their own building, and moved
the damaged stock in there, where they
will sell it. Both buildings have had new
floor put in them and are clean and at
tractive, and should attract many buy
ers. Sunday School Picnic.
The pupils of the St. Luke's Episco
pal Sunday school Thursday afternoon
gave a choice picnic at Garfield Park,
there being a large attendance, some
ninety pupils gathering together. A
very pleasant and delightful afternoon
was spent in the ehade of the trees,
games andt pastimes for prizes "being
had and bringing out much competition.
At the close of the day's delights, a
bounteous basket supper was had upon
the lawn and the gathering dispersed
thoroughly happy. '
Shot in Nevada
Many people here doubtless will recall
Joseph Webb w.ho visited I'lattsmouth
several years ago, perhaps more on ac
count of his gigantic stature than for
any other reason. From the Las Vegas
(Nev.) age, the Journal learns of the
killing of Webb by a man named Scott
at Dry Lake, Nevada several weeks
ago. From the paper it is learned that
Webb was beating his way east and at
Dry Lake he, in company v. ilh two,
other men was ejected fr m the train.
After the train left the pumper at tin?
station came out with a revolver and
ordered the men to leave at the same
time Kicking the gun. The oilier tw(
men immediately left but Webb was.
slow in starting and Scott fired several
times one of the shots entering the k ft.
side of Webb's back jusi above t he hip.
He fell to the ground and was allowed
to la3' around in the hot i-un until the
afternoon of the next day when hedied.
From the report it was evidently a
most deliberate and cold-blooded murder
and the perpetrator deserves immediate
execution.
Webb is remembered in this city as a
simple and inoffensive man, not given
to trouble and no one believes he gave
the slightest provocation for the attack.
A Delightful Surprise Party
Last Thursday afternoon a most de
lightful surprise party was had at the
home of J. J. Swoboda, the recipient
Mrs. Josephine Janda. Quite a num
ber of her lady friends had gathered
there and the afternoon was spent in
the most pleasant manner imaginable,
games and amusements of all kinds be
ing had. At the close seasonable and
delicious refreshments were served anci
when the afternoon had ended the guests
voted it one of the best gatherings they
had ever had. Those present incluJed
Mesdames Henry Donat, Louis Jiran.
Joe Wooster, Frank Slavicek, Book
meyer, John Nemetz, Emil Ptak, Jot
Hyha, J. W. Bookmeyer, Jno. Swoboda
and Frank Janda, jr.
Fire at Ebiwood
A special phone message from Elm
wood tells of a fire that raged
at that place last night. The
flames destroyed the building owned by
Chas. Clapp, and occupied by Willett &
Raker as a pool hall causing a loss esti
mated at $150.00 with no insurance.
The fine work of the fire department
confined the flames to one building and
saved the town from a much heavier
loss.
While running to the fire with a hose
cart Geo Miller, slipped and fell, the
cart passing over his leg near the ankle
and breaking it. Medical assistance
was at hand and the injured member
was set and the gentleman made as
comfortable as possible.
Meeting of Odd Fe!!cws.
The annual installation of officers of
Mystic Encampment No. 31, I. O. O. F.
took place at their hall on lower Main
street Friay evening, the occasion being
much as usual in such matters pleasant
and interesting. There was a good at
tendance, the members taking much
interest in the ceremonies. The new
officers are as follows: Chief Patriarch,
C. A. Johnson; Senior Warden, Wm.
Holly; Junior Warden, J. E. Jones;
Chaplain, John Kirkham. One of the
humerous features of the meeting after
the ceremonies were over, was the de
tection of Dave Wallengren still cele
brating the fourth of July. He dis
charged several fire crackers before he
could be caught and suppressed.
In Justice Court.
Judge Archer this morning disposed
of two special appearances in the eases
of Carroll vs J eary and Carroll vs Vil
lage of Elm wood, et. al. In both cases
the service of summons was quashed as
the constable had failed to make cor
rect service. A new summons wras is
sued and the cases continued for service.
The case against Mr. J eary arises from
claim for a commission due Carroll for
finding a purchaser for land and for
damages on account of J eary 's failure
to pay taxes, &c. upon some property
in his charge. The case against the
Village of Elmwood is for the conver
sion of day.
Black-Berries Scarce
We are reliably informed that the
bleckberry crop this year will be very
short, but notwithstanding this fact we
see our excellent friend J. E. Leesley
in town almost daily with a supply of
this most excellent fruit. He tells us
that the crop will be short, and requests
all his patrons to place their orders as
soon as possible.
Rev. Dr. J. H. Salsbury and Deputy
County Clerk Morgan were absent from
the city this afternoon wooing the finny
tribe in the murky Missouri.