Noli. Si ate Historical tfoc.
7Tht
SEMI-WEEKLY EDITION FIGHT PAGES
VOLUMlf XXV111
PLATTSMOUTII. NEBRASKA. THURSDAY, FEBRUARY 10, 11)09
NUMBER ISO
CASE CONTINUED
UNTIL MARCH FIRST
URGULAR
PAYS VISIT
Smallpox Quarantine Makes the
Action Necessary
From Tuesday's Dally.
Further action in the trial of Fred
Ossenkop for the murder of Charles
Byrnes at Eagle, was postponed un
til March first next by the ruling of
Judge Travis in district court this
morning, when he. ruled that he
would not grant the defendant a
continuance in the case but would
postpone the case until the quar
antine at the home3 of Ed and Wil
liam Ossenkop near Walton could
be raised.
A great many of the witnesses for
the defense and several for the state
came in last evening and this morn
ing In anticipation of the court hold
ing the case to trial today, most of
them having received notice from
their several attorneys that their
presence was highly desirable at that
time. The attendance upon the
hearing this morning was very light,
the high wind, extreme cold and
snow all combined to keep specta
tors at their homes.
It was 9:15 when Judge Travis
ascended the bench and stated to the
counsel that he would hear anything
that they had to present upon the
motion to continue the case. Mr.
Gerlng who represents the defendant
and who presented the motion for a
continuance, stated that he filed the
motion for a continuance and the af
fidavits in support thereof and that
was all he had to present in the mat
ter. Mr. Gering's affidavit set forth
in detail the facts which he expected
to (prove by the witnesses Ed. and
Fred Ossenkop, the latter a cousin
of the defendant. The affidavits
were not read In court.
"'' ' County Attorney Ramsey stated
that the physician (Dr. Hay) who
had been selected by the court and
counsel to investigate the case, had
reported that a very light cuse of
smallpox existed at the homes of
Ed. and Wyilam Ossenkop, the lat
ter the father of the witness Fred
Ossenkop mentioned above, and that
in his judgment the quarantine
against those witnesses could not be
be raised within ten days or two
weeks. Mr. Ramsey was willing to
consent to a postponement of the
trial for such a time as might be
necessary until the quarantine could
be lifted or until March first next,
but he would resist and continuance
of the case at this time. The' county
attorney was willing to have the
Jury released from custody and sent
to their homes or he was willing to
leave them ' In the custody of the
sheriff Just as the court thought
best. He certainly would not con
sent to a continuance but he would
to a postponement until such a time
as the quarentlne might be lifted.
Mr. Gerlng spoke of the idea of a
postponement as extraordinary and
singular. . He strongly resisted any
postponement of the case. He want
ed the case either tried or continued.
He referred to the postponements
as au unique and singular proceed
ing, and he very much opposed it. He
spoke of keeping the Jury together
for so long a period and did not see
the necessity for such action. In re
ply to a question from Judge Travis
as to whether the defendant would
consent to the discharge of the Jiy
in the ease of a continuance, Mr. Gor
ing stated that he did not consider
such action necessary as he did not
understand the present case as con
stituting a case of former Jeopardy
within the meaning of the law.
Judge Travis stated that he was very
much of the opinion t hut it would
constitute a caso of former Jeopardy
nnd under the circumstances he could
not consider granting a continuance
In the enso without the defendant
waiving his rights and permitting
the Jury to be discharged. He
would postpone the case ns the de
fendant was entitled to have his wit
nesses on the stand and examined be.
fore the Jury.
Mr. Gerlng made Rtrong effort to
prevent a postponement of the case
nnd finally stated that, on behalf of
his ellcnt.'he would waive the plea of
former Jeopardy and take a continu
ance If the court would grant one on
those conditions.
County Attorney Ramsey fought
any continuance even If the plea of
former Jeopardy was waived. Ho
hud gone far enough in consenting
Enters noma of J. C. Petersen and
Secure Small Sums of Money
Plattsmouth last evening received
another visitation from burglars this
time Mr. and Mrs. J. C. Petersen be
ing the victims. As is well known
Mr. and Mrs. Petersen occupy the top
floor of the two story building on
Mnln Ktreet lietu-een Third nn.1
to a postponement and he opposed Vnrth otroofa MlA lnB Pnnm nf
further action. ...,i..k a u m i
the butcher. Last evening Mr. and
Travis entered an order overruling Mrs Petersen attended the Episcopal
the motion for a continuance and song service as is their wont locking
giving the defendant his exception, the front door to thelr rooni8 but fail
and then entered an order postponing in to iock tlia door of tne dining
the trial of the case to March 1st,
next, at 9 o'clock a. m.
Mr. Gering asked that the record !
show his motion for a continuance
was overruled and his exception.
room which leads out onto a porch
running the width of the building at
the second floor. This has never
been considered necessary by them
as the porch has no stairway leading
He also asked that the defendant be to it and Is a long distance from the
shown as objecting to the jury being ground.
allowed to separate. . He stated he
was there" to protect his client's
rights and this action was necessary.
The court stated the matter of
confining the Jury or permitting it
There is a brick wall some ten or
twelve feet high along the lot line
between the property of Herman
Spies, the cigar manufacturer and
Mr. Petersen's property. When Mr.
to separate was the next thing for and Mrs. Petersen returned from
consideration. church, Mrs. Petersen went to her
Mr. Gering spoke of the entire pro- purse intending to get a program
eeedlnes as slnenlar and unusual of an entertainment she had been
He referred to the case as working attending at Lincoln out to show Mr
a hnrdshln on the Inrv and thon Tim- Petersen who- sho made the dis-
ceeded to sneer at the "youthful covery that the purse was gone. It
county attorney" saddling heavy ex- contained $9.65 in money. This or-
penses on the county. He stated that roused their curoslty and they com-
the retention of the. Jury meant an tnenced to look around discovering
expense of $50 per day or a total that a sum of money amounting to
of about $1,000 for this feature alone $11-60 belonging to a lodgo of which
if the iurv were to be confined un- Mr. Petersen is treasurer had also
til March 1st. He stated that he disappeared along with a personal
was willing to waive former jeopardy check amounting to $6.35. It was
and was sure his client would not then evident to them that someone
take advantage of such a plea.
Judge Travis held the record must
show such a waiver.
Mr. Gering returned to the attack
and spoke of the need of the de
fendant for the four witnesses want
ed. He wanted them on the stand.
He referred to his affidavits filed In
support of the motion for a continu
ance and the existence of small pox
as shown by the report of the state's
own doctor. He then attacked the
county attorney again 'and accused
him of saddling a heavy expense up
on the taxpayers of the county all of
which chargeable to his caprice.
County Attorney Ramsey then
took the floor and took exception's to
Mr. Gering's remarks. He was wil
ling to allow the Jury to separate
He then started in on Mr. Gerlng
and stated that he fully understood
the latter's purpose and could show
It but did not care to.
Judge Travis interrupted to say
(lets Deserved lrtunotloii.
Thomas L. Murphy came down
spend Sunday with his folks, return-
spen Saturday with his folks, heturn-
ing to his duties this morning. Mr.
Aiurpuy nas made a brilliant and
pronounced success during his con
nection with the Forter-Ryerson-
Hoobler Company In that city and on
the 15th he will take a deserved pro
motion in the shape of a position as
a salesman on the road for this ster
ling concern. His many friends in
the city are glad to note his rapid
advancement ana predict manv
more in the future as he is a young
man of exceptional ability.
DECIDES TWO
IMPORTANT OASES
Barnes vs. State and Cass vs.
Sarpy County Reversed
From Monday's lially.
The supreme court at Its sitting
last Saturday at Lincoln, handed
down several opinions of much In
terest and value to the citizens of
Cass County.. In the case of A. P.
Karnes vs. the State which was an
appeal from this county, the court
held that the act governing the prac-
Cf Several Doctors by Defense in th3 tke of veterinary surgeons passed
Dy me legiHiaiure in jyuo is coiihu-
FILES THE
AFFIDAVITS
had paid them a visit during their ab
sence and gotten away with what
they evidently know was there. The
property was In a drawer. In an
other place the sum of $45 remained
untouched while Mr, Petersen's gold
watch and some valuables of Mrs
Petersen in a jewel case lying Jn
plain sight was passed by, by the
visitors.
Entrance to the place had evident-
been been obtained by climbing to
the porch and entering through the
dining room door. It is the theory
of Mr. Petersen that two parties were
concerned In the robbery and that
one stood upon the brick wall men
tioned above and boosted the other
to the porch floor. He does not be
lieve the work was that of profes
sionals as there were few people who
could know where the money was and
who would have passed by everything
which they could not readily dispose
of. The burglary happened between
the hours of 7:30 and 9 p. m. or
Ossenkop Case
From Monday's Paily.
Sunday was very much a day of
rest for the Ossenkop trial. Court
not being in session nothing addition
al could be filed but Attorney Mat
thew Gerlng for the defense, had the
affidavits of Dr. Wilson, state health
officer and of Dr. Dye showing con
clusively that small pox existed at
the home of Ed. and Fred Ossenkop
and that the families were under
quarantine. These were, filed this
morning on support of his motion for
a continuance. Nothing was heard
during the day from Dr. Hay, se
lected by the court to investigate the
case.
The jury which has been quartered
at the Perkins hotel, was taken out
Sunday morning by Deputy Sheriff
Manspeaker and Bailiffs Ruffner and
Lloyd and allowed to listen to a ser
mon by Rev. A. A. Randall of the
Methodist church. Rev. Randall
preached upon "Temptation" and de
livered a very interesting and bene
ficial address. '
In the evening the jury accompan
ied by the officers was taken to the
Presbyterian church and listened 'to
an address by Superintendent Dav
idson upon "Some Problems of the
Public School." an extended notice
that the court was not Interested In during the time the people were at
these matters but the question was church.
what to do with the jury. To go on The matter was reported to the
with the case meant error unless authorities who are making every
the witnesses wanted were present, possible effort to locate the crlmln
and the court would be subject to ais.
censure if he preceded in that man- The lodge money which was lost
ner. The cost and expenses incident WM have to be replaced by Mr
to delays and continuances were Bee- Petersen who therefore stands to
ondary considerations. It might be j08e the amount himself
prejudicial to the defendant to even
nd review of this "able address Is
given elsewhere in this paper.
The members of the Jury take their
confinement with good grace and
there Is practically no grunmbllng
or kicking among them over their
enforced Idleness. They dined yes
terday at the restaurant of A. P,
Barnes. The handling of the jury by
Sheriff Qulnton, his deputy and bail
iffs has been of such a character that
no criticism of it has been made by
anyone.
The Ossenkop case will probably
nroceed to trial nealn tomorrow.
I v . . -i rr i . i j ... I .. . uA
While no definite announcement to JUUK 1,UV18 ,,,;u,a " ,""uu" u"
this effect Is made by Judge Travis Pat of tne I,l!l,nt,ff ,n the ca8e of
there are reasons which Indicate this llcnmon VB- ine flia'or ana w,
the probable outcome of the motion Coun,n of Nebraaka City. This case
for a continuance. The motion of H an injunction matter growing out
Mr. Gerlng for the defendant for a Pf tno recent controversy over the
continuance will probably be overrul- water situation in that city. The
ed and the taklnir of testimony for mayr ad coundl nad KUen t0Selh-
(k.i ,.,m nnmn,nno m. r.in er with the water company wnose
iimi murj niu tuiuuirinci mti uniug
In anticipation of this course by the franchise expired last June, and had
Dostnone the case. He referred to
County Attorney Ramsey and ad
monish him not to allow matters such
as had Just cropped up to annoy him.
The problem was what to do with the
Jury? He asked Mr. Ramsey as to
his suggestions about the jury.
County Attorney Ramsey then slat
ed that he had every confidence in
the Jury and that he thought that
under proper precautions and admon
itions they could be allowed to sep
arate.
The Jury was then brought In ad
Judge Travis proceeded to explain
(iven Twenty Days' (Jiuce.
Charles Carraher, mention of
whose riotous conduct In seeking to
put Gruber's pool hall at Union out
of business, was made in Saturday's
paper was brought to the city last
evening by Sheriff Qulnton who went
to Nebraska City for that purpose
yesterday morning. Carraher had
gotten wind of the Impending war
rant and had moved to Nebraska City
on Saturday so that Deputy Mlin-
speaker had his trip to Union In
vain on that day. Sheriff Qulnton
notified the Nebraska City authori
se situation to them calling their U(H of h3 warrant and the sheriff
attention to the enforced absence or Hf tint point took Carraher Into eus-
wltnesses material tor the defense, tody, holding him until sheriff Quln
and that the case must be delayed (o cuij K,,t down th,.re after him
. . ... ... i f
and calling their attention to the cnrrn.r decided after learning tie
gravity of the case. Unthinking pen- condition of things to plead guilty to
pie might attempt to discuss the cuse (lu, ,.mrK ()f drunkenness and disor
derly conduct and let Justice Archer
ndmintster a dose of his Celebrated
Itnind of justice.
Carraher this morning plead guilty
of the crime of IHng drunk before
Justice Archer nnd received .ho
with them. All such were to be
stonned nnd not listened to. Neither
was the Jury to come to any conclu
sion upon the evidence adducted. The
Jury had been kept together until
now but under the circumstances It
was thought best to allow them to Statutory fine of $ 1 0 nnd costs which
separate. The Jury was to report for wnrt gHpenclcd for the period of
duty on March 1 at 9 o'clock p. tn. lw,.n,y days on the recommendation
He referred to the proceedings naa ()f ,,, ,,,,, y attorney. There Is no
as very unuHiial and as never having ,,... , .,.,. ,,, iatute for dis
happened before In the experience of
either the court or counsel. With
the admonition as to their duty, the
Jury was then released from custody
of the sheriff.
This ends the taking of testimony
orderly conduct nnd the only crime
which he has charged with which
would stand was that of drunkenness
for which the statute prescribes a
uniform penalty of $10. Carraher
wan released from the custody of th
until March 1 but as to the filing of sheriff and allowed to go with the
other papers In the case, such may be I understanding that he liquidate as
filed. I above In twenty days.
tutional and that the judgment of
the district court releasing Mr.
Barnes from jail for violating that
statute by assuming the title of vet
erinary surgeon, was erroneous. This
Is the case where Mr. Barnes failed
to Bubmit to the prescribed exam
ination for the right to practice as
a veterinarian and was arrested for
using the title of veterinary Burgeon
as forbidden by the law. He was
given a Jail sentence on conviction
and afterwards was released by hab
eas corpus proceedings on the ground
that the act was unconstitutional.
The syllabus of the court Is as fol
lows:
Barnes vs. State. Appeal,
Cass. Reversed. Calkins, C;
Root, J. not sitting.
Chapter 97 of the laws of
1905, providing for the examin
ation and licensing of persons
engaged in the practice of vet
erinary medicine, and forbid
ding persons not so licensed
from assuming the title of
any degree conferred by veter
inary colleges, does not contra
vene any constitutional provis
ion. The other case Is that ef Cass
County vs. Sarpy County. This case
grows out of the Loulsvlllo bridge
and the facts In brief are that the
bridge was built by the taxpayers of
Louisville precinct and connected the
two counties. The county was re
sponsible for the repairs nnd as the
structure joined the two counties,
the commissioners of this county
Bought to make the Sarpy County au
thorities pay half the cost of the re
pairs. Tills they refused to do and
the Cass County commissioners had
the repairs made themselves and half
the cost charged to Sarpy County.
The commissioners for the latter
county rejected the bill for the work
and this county went Into district
court to collect the same. The Sarpy
commissioners objected to taking the
testimony in the case on the ground
that the district court had no Juris
diction their contention being that
recovery could only be had in an
original action In court and that the
claim should not have been submit
ted to the commissioners, as that
ousted the district court of jurisdic
tion. The district court sustained
this contention and Cass County ap
pealed. The supreme court reversed
the case and sustains the contention
of this county. Sarpy County will
therefore have to fight tho bill in
the district court to which tho case
was remanded for trial. There is
now every prospect that the cost of
the repairs will be divided between
the two counties and that this county
will not have to pay It all. The syl
labus follows:
Casa County vs. Sarpy County.
Appeal, Sarpy. Reversed and re
manded. Good, C. Root, J.
not Bitting.
The words "recovery by suit"
as used in the proviso of sec
tion 6147, Annotated Statutes. '
1907, Included a suit instituted
by an appeal for thedlsallowawo ;
of a claim by a county board.
HEARS
MOTION
Case of Houston vs. Mayor and City
Conncil of Nebraska City
From Monday'! Pally.
In the district court this morning,
court has notified his witnesses by
entered Into a new contract with the
. . . . . a. m
wire and phone to be present in this company ana were ic, gram, u a irau
clty by tomorrow morning at the (hlse without the formality of Bub-
latest. and the several officers have nilttlng It to a vote or the people
,... ,nu nronniin7 fnr iu ,rV Houston who was a member of the
of the case. . ' I ' II' council nuu uuieriy opposeu any
It Is current report that the small contract or franchise of the kind
pox In question at Ossenkop's home ougnt to ue grained ana wuuruuy
has turned out to be a very light nlKnt through his council Gen. John
case of vnrlolold and It Is not con- K Watson, he had secured a temper
sldered dangerous at all. ary restraining order from Judge
The question of the court's act- TravlH restraining the city officials
Ion will likelv be eround for an an- from entering into tne contract or
peal to the supreme court In the voting the franchise
event of the conviction of the de- The matter came up this morning
fondant.
The result of Dr. Hay s visit to
i
the Ossenkop home lias not been glv
en out nor will it be until tomorrow,
on a request by Gen. Watson to be
allowed to file au amended petition.
This the court granted and Judge
Paul Jessen representing the defend-
Tlmill, Sr., Off Light.
From Monday's Pally.
'Ihis ufternoon bheriff Qulnton
filed a complaint agnlnst Fred Thrall,
sr., charging him with assault. This
complaint grew out of the elder
Thrall taking part In the trouble
between his son and the sheriff last
Wednesday when the elder man be
came excited and endeavored to pre
vent the Bherlff arresting his son. The
defendant was brought over from tho
Jail by Sheriff Qulnton and a hearing
had before Justice Archer. Thrall
was also represented by Attorney
Moran of Nebraska City upon whose
advice he plead guilty to the charge
explaining that he did "not know the
sheriff and though when he enme In
ho was the man who had beaten up
his son during the afternoon. The.
sheriff made a plea for the old man
on account of his age and evi
dently excited condition at the time
of the occurrence. After hearing all
the stories Justice Archer in consid
eration of the old man's ago which is
58 and his physical condition, de
cided to fine him but $5 and costs,
a penalty which the sheriff though
sufficient, In view of the man's evi
dent contrition. Arrangements were
made to take care of his fine nnd set
tle the costs through his attorney
Mr. Moran. No complaint will be
filed against the younger Thrall until
the county attorney has had an op
portunity to go to Union and person
ally look Into the facts In the case.
but It is very probable that Judge I ants, sought to have the restraining
Travis' action If he does so act. In order set aside. Tho court took a re
again taking up the trial of the cuse ess until later this morning
Is the result of this eminent nuthorl- o How Judge Jessen to examine the
ty's visit. amended petition. ,(ien. Watson
Tho result of the foreshadowing oM represented to the court that he was
the court's decision has been vis- In unfit physical condition today to
Ible in the renewed activity of all
parties connected with the case
('ounty Attorney Ramsey Is still
preparing Ills side of the case while
Attorney Gerlng Is Immersed head
over heels in perpaiing the defense,
The sheriff's office Is very busy and
argue the motion to set aside the or
der and asked that the defendants be
permitted to argue their contention
In favor of the motion today while
he would submit the other side of the
mutter by brief to be filed Friday
W. II. Pltzer was present at the hear
tho court and his reporter are also ling representing the water company,
hurrying through their share of the as a "disinterested" spectator,
task. Later In the morning Judgo Jes
Doubtless many of the witnesses sen presented the defendant's side ot
will arrive here tonight from the west 'be case and Gen. Watson was grant
end coming over the M. P. ' ed until Friday morning to file i
brief for Huston. Tho restraining
Win. Volk, returned this morning order was continued In force until
from his visit at Pckln and Peoria, that time or the further order of the
111. He called thero in connection court
with some matters relating to his
fathers estate, tho elder Mr. Volk Remember February 13 to attend
having very recently died. the big Eagle ball at Sokol hall
Slew the Hog.
From Mondny'n Dully.
Marshal Fitzgerald shortly alter
noon today created a lot of excite
ment on Main street by cnnnonl.lng
a dog belonging to Mrs. O. P. Monroe.
The dog, It Is claimed has bitten
several people, one or two of tlieni
quite severely. They complained to
the marshal who took his trusty gun
nnd sought out the nnimiil. It re
quired three shots to put his (inp
ship out of business but the inar
shnl finally succeeded In dispatching
him. The numerous shots attracted
a large crowd to the corner of
Fourth and Main streets where tin
slaughter took pulce, most people
Imagining a battle was In progress.
Mrs. Monroe was In a buggy at the
corner and proceeded to express her
opinion of the niarnhal In term
which were decidedly vigorous and
which reflected upon his courage
In slaying her beast. She finally
drove away leaving a largo Raping
crowd gazing upon the remains of
her pet.
i