V
..'--
SEMI-WEEKLY EDITION FOUR PAGES
VOLUME XX VII I
PLATTSMOUTH, NEBRASKA, MONDAY, JANUARY 25, l'JOC
NUMBER 175
UCH CONFLICTING
TESTirJlONY GIVEN
ThcCoroncr's Inquest Develop
Startling
From Friday's Pally.
The coroner's inquest at the home
of John P. Thacker last night devel
oped a very startling state of affairs
and brought out some evidence which
is flatly contradictory. The witnesses
examined were .Lee Thacker, Carter
Albin, Earl Albin, Ira Clark, Jas.
Stevens, Lenn Crawford, Dr. T. P.
LInvingston and Dr. J. F. Brendel.
The two latter gentlemen testified to
the medical condtions surrounding
the wounds from which he suffered.
The testimony of the several wit
nesses was In sharp conflict. Some
of those examined swore that the
first shot fired by Clarence was be
fore Thacker had picked up a board
or made a hostile move toward the
former while others go to the other
extreme and swear that Thacker had
knocked Clarence down and had re
peatedly hit him over the head with
the board before he drew his revol
ver and fired.
As near as the story can be woven
from the tangled mass of testimony
produced, it would appear that the
men were engaged in shelling corn
at the farm of James Darrough. The
situation at the time of the trouble
seems to have been about as follows:
The corn which was being shelled
was being shoveled out of the crib by
Crawford and Clark who were in
the crib. The sheller stood about
the middle of the crib and these two
men shoveled the corn Into It. Backed
up to the spout of the sheller was a
wagou willt two lop bum us on it
driven by Carter Albin who was in
the wagon at the time of the occur
rence. The team stood parallel to the
crib. Earl Albin, a nephew of Car
ter Albin was standing on the ground
between the wagon and the crib and
the two Albins were engaged in a
heated quarrel. Lee Thacker was
engaged in arranging a chain at the
shute frojn which the cobs were de
livered from the sheller being some
twenty or' thirty feet from the crib.
Stevens the engineer of the traction
engine,' was in tne cab of the en
gine around the corner of the crib.
Clarence was standing near a water
tank and probably thirty feet from
the corner of the corn crib, also
in such a position that Carter Albln's
wagon and team was between him
and the crib and between him and
. Earl Albin.
Thacker who had come to the
farm to look after the shelling, came
up and passed Clarence, noticing the
two Albins quarreling, Carter Albin
standing In the wagon with his back
to Clarence and to the direction from
which Thacker approached. As he
came up Earl Albin was standing on
the ground and daring his uncle to
come down out of the wagon and
whip him, at the same time running
his hand up and down his coat pock
et as if he had a weapon concealed
there. He was also using violent
language toward Carter Albin and
seemed intent upon having trouble.
Thacker came up and walked around
the head of the team close to the two
quarreling men. According to some
of the witnesses Thacker advised Car
ter Alvln to get down out of the wag
on and "slap the little whelp's face"
or some similar language. Others In
sist he used language more forcible
than this and advised Carter Albin o
Injure his nephew. At this Clarence,
who, was still standing at the water
tank, took a hand and told Thacker
to "keep his face out of It. It Is
none of your row." Some others say
he used stronger language and
threaten to shoot Thacker If he did
not keep out of the trouble. Here Is
where the real sharp conflict In the
testimony commences and It is hard
to reconcile the statements of the
Buys a Very Fine Ten in.
Jas. Sage, the horseman, has Just
made a sale of a fine team of drivers
to Harry Melslnger, the team being
considered one of the best ever ex
hibited in this section. Mr. Melsln
ger paid $l.0 for them and Is Justly
proud of his acquisition. This team
Mr. Sage has exhibited at several
county fairs In this section where
the competition was pretty strong and
he had the proud satisfaction of see
ing them step away with the blue
ribbon In each event, they taking
first prizes at three county fairs.
They make Just the team which Mr.
Fact
several witnesses. According to
Clark and Crawford who were in the
corn crib, Thacker seized a board
and started for Clarence, striking
him over the head with it, at which
Clarence drew his revolver and shot
three of the bullets taking effect. As
Clark and Crawford were both In
the corn crib with a wagon with two
high sideboards upon it between
them and the scene of the shooting,
their testimony created some sur
prise. It was borne out by Earl
Albin who was standing on the
ground with the wagon between him
and the parties to the shooting. The
testimony of Carter Albin did not
throw any light upon the actual facts
of the shooting. He insisted that he
did not see the trouble as he bad
his back to the parties and was
watching his nephew whom he feared
intended to shoot him as he had his
hand in his pocket and was acting
In a threatening manner. The evi
dence of Lee Thacker is flatly con
tradictory to that of the others. He
was at the end of the spout where
the cobs were being expelled from
the machine, and from his position
he should have been able to see the
entire trouble. His version Is that
Clarence commenced firing as soon
as Thacker appeared around the
horses' heads and that Thacker had
nothing in his hands at this time.
That Thacker after the first shot was
fired picked up a board and dashed
toward Clarence with it, striking him
over the head arter the shots were
fired and finally falling to the ground
from his wounds.
From this It can be seen there is a
very sharp conflict of opinion as to
what actually occurred and that it
is hard to determine Just what meth
od of procedure will be adopted and
Just what degree of murder will be
charged the defendant. From pres
ent Indications a charge of murder
in the first degree is likely although
County Attorney Ramsey is still con
sidering the testimony and the sur
rounding facts before finally decid
ing the nature of his course. There
is a possibility of some of the wit
nesses in the case getting themselves
into trouble on account of their con
flicting stories of the matter al
though this Is hardly expected.
The testimony of Dra. Livingston
and Brendel was purely medical and
recitive of the effects of the wounds
which Thacker suffered from.
The coroner was present to hold
the inquest coming down from Elm
wood, his home, and County Attor
ney Ramsey represented the state
while Byron Clark looked after the
Interests of Clarence. Court Reporter
Earl Travis took the evidence In the
case for the several parties.
The verdict of the Jury was sealed
up and has not, yet been opened
here. It is understood that they
merely found that the deceased came
to his death from the effect of bul
let 'wounds Inflicted by John Clar
ence and made no recommendation
In the case. Under this verdict it Is
left to the county attorney as to
what charge to prefer against Clar
ence. After the Inquest Sheriff Qulnton
and Attorney Clark drove to this city
arriving here about four o'clock this
morning, the Inquest having held
until after mld.'lght. County At
torney Ramsey and Reporter Travis
drove to Union and came up on the
M. U. train this morning.
Mr. Thacker's funeral took place
this afternoon from his residence
and was probably largely attended
as John P. Thacker was a popular
and greatly esteemed man. A fur
thcr account of It will appear tomor
row.
Melslnger wants to drive to and from
the city and are a good step toward
Improving the general class of drlv
Ing horses which this section Is stock
ing up with. Mr. Sce during his
ownership of this team took great
pride In them and parted with them
with genuine regret.
Claud Everett came up this morn
ing from his home near Union for
a short visit with relatives, and to
atten to some business matters In the
city.
"Gut Hell," the favorite clgir.
M ill Sell Goods.
From Friday's Pa'.ly.
Tomorrow afternoon at 2 o'clock
at the south door of the court house
there will be a sale by the constable
of the good3 belonging to Frank
Benfer taken under the order of at
tachment secured by Charles Wllklns
and Ed. Egenberger. This prop
perty consists of 25 gallons of whis
key, 14 broken lots of cigars, 10
bottles of Trincr's Bitter Wine, 2
cases of Blatz beer, 49 bottles of
Blatz beer. Anyone desiring such
goods are invited to call and bid on
the same. Saturday afternoon at
2 o'clock at the south door of the
court house.
GETTING
VERY DUSY
Legislators Are Working Hard on I
Bank Gnarantee Law
Lincoln, Neb., Jan. 20, 1909.
The House has almost gotten down
to business in the fullest sense of the
term, and bills are being enrolled
daily." The bill in which most of the
members of this legislative body are
interested Just now is one to ap
propriate funds to pay the members
of this august body and its employes
which will no doubt be engrossed this
week.
Several guaranty bank bills have
been Introduced, but none seem to
strike the right spot yet. The Wilson
bill in the House and the Volpp bill in
the Senate will noTloubt suit several
members in each body, but it is the
general sentiment both will be voted
down. This body is decidedly In fa
vor of a bill that guarantee Imme
diate payment, without any Ifs and
ands about, and no other sort of a bill
will pacify a majority of the mem
bers. There is not a democratic
member of this House but who was
elected pledged to a guaranty law
that meant something, and when
such a bill comes up it will be passed,
are there are also a number republi
cans who are also pledged to such
a law.
Senator Banning has introduced
several bills in the Senate, which
your humble servant had intended to
introduce In the House, chief among
which Is taking the salary away from
sheriffs and giving them only the fees
for, services rendered. Such a bill
will be generally supported in the
House and will no doubt carry.
A bill has been presented in the
House restoring to the people the
right to elect their own precinct as
sessors, and when the proper time
arrives for Its adoption there will beJ
no dissenting voices on he demo
cratic side of the house.
The House adjourned at noon to
day to visit the state farm in a body,
but It is marbles to chalk that not
one-half of either body will attend.
Representative Noyes, of Cass, has
Introduced a bill to compel all sa
loon keepers to place a big display
card in their places of business, with
the following printed thereon. "No
treating permitted here." It would
seem that if the rank prohibitionists
fail to get one thing they will in
slat upon getting another.
Byron Clark, C. A. Rawls and
Judge Sullivan were here yesterday
shaking hands with their friends.
Our friend, Billy Puis, of Mt. Pleas
ant precinct, was also here yester
day, and had an opportunity of 8ee
Ing how( they behave in a body of
this kind. We were delighted to
meet him.
Senator Banning Is no "slouch" In
the Senate, we desire to Inform you
He Is among the leaders of that body
and Is getting In some good work.
Miss Lucille Bates has been chosen
by Henry Richmond, the chief en
rolling and engrossing clerk, as his
first assistant. There are quite a
number of young ladles employed
In Mr. Richmond's office, Including
Miss Lcona Brady. Mr. Richmond Is
a most popular official and makes a
friend of everyone he meets. More
anon.
M. A. H.
To Fill Vacancies,
Dispatches today announce that
Congressman Pollard has two varan
cles to fill In the naval academy at
Annapolis. He has promised one
place to Carl Chapman of Tecumseh
and has made a conditional promise
of the other. There are three alter
nates to bo chosen for each position
and none of these places 'have been
promised by him.
Accidents will happen, but the best
regulated families keep Dr. Thomas'
Eclectrlc Oil for such emergencies
It subdues the pains and heals the
hurts.
DIES IN
ILLINOIS
Jacob Volk Dies at Pekin, Illinois,
Will be Brought Here for Burial
From Friday's .Dally. '
Yesterday afternoon Commissioner
Freldrlch and Jacob Trltsch received
the unexpected and sad intelligence
from Pekin, 111., of the death of Jac
cob Volk, brother of Mesdames Fried
rich and Tritsch and father of Wil
liam Volk, living near Louisville.
The message conveying the Intelli
gence of his death contained no fur
ther Information than the mere fact
that he had died, giving no cause.
The message also asked whether he
should be buried there or brought
to this city for burial. It was de
cided, to have the body brought here
and interred beside his wife who
Bleeps in Walradt cemetery some
twelve miles west of the city. It is
expected that the body will arrive
tomorrow morning and the funeral
will be held Sunday. Other details
will be arranged later.
Mr. Volk was quite well known in
this city and vicinity and univer
sally respected. He was an excellent,
Christian gentleman, thrifty and up
right in his business dealings and
a man deservedly popular.
His wife preceded him to the bet
ter land a number of years ago, and
but one son, William, survives him.
Mr.' Volk married Miss Terryberry of
Louisville.
A full sketch of the life of this es
timable citizen will be printed in
the Journal later.
FAILED TO
GET PAPERS
Chris Bockalmann Runs Up Against
. Snsg in Ksturslizatien Law
Chris Bockalmann of Otoe County
came to the city yesterday Intent
upon getting his first naturalization
papers and ran squarely up against
snag. Chris labored under the
delusion that the old law respecting
naturalization papers was in force
and effect, and that all he had to do
was to declare his Intention and ob
tain his first papers. Recently he
had purchased some land in Okla
homa and had made all arrange
ments to move down there and be
come a thrifty and prosperous cit
izen of that commonwealth. He
thought best to get his papers before
he left the region of his friends and
made the trip yesterday for that pur
pose. Comes now the majesty of the
law and says that Chris cannot get
his first papers until he has given
ninety days notice thereof. As he
cannot wait this length of time and
must live in Oklahoma one year before
he can make application there, he Is
In bad shape. In addition when he
applies for his final papers, he must
have the testimony of two citizens
who have known him five years, so
the prospects of Christian becoming
a good citizen Inside of six years are
not very bright. He took the sltua
tlon philosophically and merely re
marked "one must expect these
things."
KIiIm to Texas Home.
Charles Frans and Dick Conrad
conmmenced Wednesday loading a
large lot of their worldly goods for
shipment to their new homes down
In the Texas Panhandle country, and
yesterday they started with four car
loads. W. H. Crawford and Luke
Crawford accompanied them and may
remain there several weeks. George
Conrad had made arrangements to
ship at the same time, but the Illness
of his son will delay his departure
for awhile.
The Franse and Conrad families
did not accompany the "menfolks'
yesterday, but will go later after
the goods are there and arranged for
comfortable living. The moving of
these families takes some of our best
people whose companionship we re
gret to lose, but all their acquaint
anccs here hope they may be happy
and prosperous In their new homes
In the sunny south. Union Ledger.
A IHniiMi-oiim Defeat.
The Plattsmouth basket bull team
romposed of Charles Hopping, Fred
Mann, Rex Wilson, Emll Droego and
Clarence Ileal made a disastrous ex
cursion Into Iowa last evening over
to Malvern and tackling the team
at that place. The outcome of the
game was an easy victory for Malvern
who won by a score of 24 to 7. Ern
est Wurl went along to bring back the
remainders after the slaughter. What
was left of the team returned this
morning on No. 19.
FIGHTING
Modern Woodmen Society Will
conduct Free Sanatorium
For pembers
The Journal is in receipt of Infor
mation through Dr. E. W. Cook, state
physician to the Modern Woodmen of
America, of the determination of
that organization to establish a san
itarium for the treatment of tuber
culosis. This Banatarium is for the
use of members of the organization
and Is a big step in the fight against
the white plague. It Is an excel
lent thing from several points, not
lone from the view of saving for
the organization in losses but for the
elfare of the people at large.
Through the courtesy of Dr. Cook the
Journal Is enabled to print below
complete outline of the situation as
redargs the position of the . Wood
men on the subject;
At the December meeting of the
Executive Council of the Modern
Woodmen Society, held at the head
quarters of the society In Rock Is
land, 111., It was decided to conduct
hat society's sanitarium at Colorado
Springs, Colo., for the treatment of
members afflicted with tuberculosis,
free of all charges to members.
The Modern Woodmen Society, sev
eral months since, acquired 1,380
acres cf land within seven miles of
Colora Jo Springs, and his estab
lished thereon an up-to-date sanitar
ium, the tent colony plan being em
ployed. The first colony plan will
be ready for reccptlo of patients on
January 1, 1909, and Is equipped to
are for 60 patients, to which number
admissions will be limited for the
present.
The tents are octagonaPstruetures
with shingle roofs, canvas sides,
hardwood floors on solid cement
foundations, heated by a central
plant, equipped with all modern con
veniences, such as telephones, etc.,
and each tent will accomodate one
patient. An administration build
ing for physicians, nurses, dining
hall, baths of all kinds, etc., stands
In the center of the colony.
Dr. J. E. White, formerly of the
Nordrach ranch sanitarium, the med
ical director In charge, states that
only those consumptive members who
are curable, or whose lives may be
prolonged for a considerable length
of time , will be admltted'&s patients.
The wisdom of this rule Is apparent.
Rigid medical examination as a con
dition precedent to admission will be
nslsted upon in evey case, and special
blank forms have been prepared for
this purpose.
It Is expected that another colony
of 60 tents will be ready by July
IN THE
COURTS
Case of Miller vs. Worth on in the
District Court-Quiet in Justice
i
Archer's Court
From Friday's Dally.
Matters In Justice Archer's court
were very quiet. In the case of
Plyson vs. Dunn, a suit for balanco
dun on contract for grubbing
brought by some parties near Union
against Wm. Dunn of Weeping Wa
ter, a continuance of thirty days was
taken. Chas. E. McEntree com
menced a Bult to recover $23 from
C. D. j Woodworth, the paving con
tractor, for the rent of a wagon used
by the latter last summer when he
was paving the streets of this city.
This Is the claim which McEntee pre
sented to the city council and which
they rejected at the same time they re
taining enough money from Wood
worth's,, contract to make the city
safe. Service was had on Wood
worth who happened to be In town
on business.
In District Court yesterday and to
dny Judge Travis has been listening
to the evidence In the case of Miller
vs. Worth. This Is a case from Mur
ray Involving the title to some eighty
acres of land near that village which
Mrs. Miller conveyed to her sister
Mrs. Worth and which conveyance
Is now sourht to be set aside. There
are a areit many witnesses In the
case, seemingly the entire population
tif Murray belnr nnnetiAuit f.ir mm
parly or the other, and It n lik t it
TUBERCULOSIS
1909, and that acceptable patients
will be ready to occupy it in full by
Jhat time.. A movement Is already
under way to equip the second col
ony plant. Each tent, completely
equipped, represents an expense of
$250, and a number of local camps,
or lodges, of the society have decided
to donate tents. As there are over
13,000 local camp of Modern Wood
men, and over 1,000,000 members,
It is anticipated that several colo
nies will soon be equipped In this
way. . ,
The members and local camps of
the socety have voluntarily contrib
uted to the sanitarium fund over
$70,000, and at the last national
convention a permanent tax of ten
cents per member was voted to the
support of this work.
The last official Woodmen reports
show that during the years 1891
1907,, inclusive, 14.5 per cent of the
total mortality, or 5,156 deaths, were
charged to tuberculosis, and that
13.9 per cent of the total Insurance
losses In those years, or $9,063,000,
resulted from this cause. As the '
mortality experience of the Modern
Woodmen society has been remarka
bly favorable, being but 70 per
cent of the expected at all ages under
the National Fraternal congress table,
a death rate of but 6.29 per 1,000
or but4.98 per 1.000, If the experi
ence of the first fiye memhrrr.h!n
years bo included the much heavier
Insurance losses Inflicted upon other
societies experiencing a higher mor
tality may be conservatively approx
imated.
Which prompts this question: If
the Woodmen Society, with its excep
tionally favorable mortality, finds It
to be "good business," as well as good
fraternalism, to fight consumption In
this way, why should not other fra
ternal societies, life Insurance com
panies, labor organizations, the na
tional and International church bod
ies .etc., find it profitable, from th
viewpoint of business or benevolence
or both, to take such action.
Everyllfe saved to the Woodmen
Society, oy means of this sunltoiium,
will, It Is stated, represent a saving
of $1,700 the average amount of
the Woodmen policies In force et
an expense for treatment of approx
imately one-twentieth of that sum.
In the broader sense, each life saved
means the preservation to the family
of Its head and bread winner, and to
the state of a useful, self-sustaining
citizen.
will taVe the balance of the week to
finish tiie- testimony In the ense.
iiatthcv Gerlng of this city and L.L
J." W. Stokes of Craig, Mo, repre
sent one of the parties whl'e Byron
Clark looks after the other bhk
riciisuntly NurprlMcd.
From Friday'! Dally.
The Journal was very pleasantly
surprised this morning by receiving
a visit from our good friend D. M.
Jones who came into the city last
evening to visit with friends for a
few days. D. M. Is located at Tagosa
Springs, Col., away up In the clouds,
some 7,000 feet above sea level and
the high air seems to agree with
him as he Is looking fine. He re
ports that there Is not much snow
now around Denver although at his
location, there Is plenty which will
remain until the spring comes on.
He Is a Colorado enthusiast and con
siders that there is nothing better
out that tho sunshine and bracing
air of the mountains. It Is needless
to remark that his many friends were
delighted to see him once more.
Mrs. Martha Huby, daughter of
Mr. and Mrs. C. Bengen, has arrived
In the city for a visit with her par
ents. At the first station this side
of Oherlln her satchel was taken
by the conductor of tho train and
set off the train, he later promised
to send It to this city without charge.
Today Mr. Bengen who was In the
city complains that when the satchel
arrived here It was held at the sta
tion for three days and he was com
pelled to pay forty-five cents storage
chargps on It. It Is quite needless
to say that he was Justly Indignant
over such an outrageous hold-up.