MURDER M IRBT DEGREE 8"?! County Attorney Ramsey Fole Complaint in Clarence Case John Clarence will have to answer ' slaughter, ball could be arranged. The widow and family or me ue- to the charge of committing murder In the first degree. This la the de termination which County Attorney ooasd John P. Thai ker, are determin ed that the case be prosecuted for all there ia In it, and they have retained Ramsey has arrived at in the case, i Matthew Gering to assist the County and the complaint which will be filed at once will bo charge him. Mr. Ramsey la looking after some fur. ther evidence in the casa which has come to his notice and when this has Icon examined itls his Intention to file the complaint and have Clar ence arraigned. He yesterday au thorized tho announcement that he had studied the evidence over care fully enough to feel that It would warrant the filing of a complaint charging the most serious of crimes. Ho would not stat6 what thla evi dence was but that it la very grave must bo certain or this complaint would never be filed. It la more thau probable the com plaint will be filed either Saturday or possibly Monday and the under standing la that the defendant will bo arraigned and plead to the charge. The preliminary examination will no doubt take place at that time or as soon after aa it will be possible to get the witnesses together. There can be no trial of the case until May term of court and should tho defendant bo held for trial on the first degree charge, he must stay In Jail as thla charge la not a bailablo one. If the court should not find him probably guilty of the first de gree charge but hold him for mur der la the second degree or man- Attornev In the prosecution. It Is probable that he will take an active part In the preliminary examination and certain that he will aid In the prosecution of tho case In the dis trict court. Hyron Clark has been re tained to defend Clarence, he hav ing cted r.s his counsel for many yen I a. Clerence la said to take his con finement in good shape and to be sat isfied to wait until hia case can be reached, lie does not seem to be much worried over the ultimate out come of the case and la confident of acquittal when he comes to trial. The complaint against him would hove been filed much sooner had it not been for the pressure of work In connection with the Ossenkop case. This being laid over for several weeks, County Attorney Ramsey Is now at liberty to turn his attention to the buislness which has piled up In the office. There are several ad ditional matters of consequence pend ing In his office which he expects to get to and dispose of before tho Oa senkop matter conies up again. There are several criminal matters in which no complaints have been filed but which tho parties interested in are urging for hearing and these will bo looked Into and such action taken as the circumstances Justify. 1 )oe 1'ootl Agree With You? We often find people wlt'u seem ingly f ood appetite, but the food does not seem to agree with them. It does not make them stronger; they feel hungry soon after a good meal. This is not a healthy condition, because useful particles cf food leave the body with the waste and are of no benefit to it. It shows that the di gestive system is too week to retain and assimilate the food. You must strengthen it with Triner's American Elixir of Bitter Wine. It will give satisfaction in curable diseases of the stomach and the bowels. It will make the digestive organs work reg ularly and the food will then cer tainly agree with you. It will make the blood pure, the nerves strong, the muscles elastic. Use it in all cases where Jour appetite ia nut natural, where you are losing flesh and weight, where you feel tired without cause. At drug stores. Jos. Trin er, 616-G22' So. Ashland Avenue, Chicago, 111. JOHNSON WILL CASE Being Bitterly Fought by Relatives in District Court The contest over the will of the late Samuel S. Johnson of Elmwood opened In district court here this morning. The case is being bitterly fought and there are many witnesses in tho city from Elmwood and'vl fluity. Atluiiiey Byron Clark ap- Xew Electrician. M. R. If. Elliott of Lincoln has been' engaged by the Plattsmouth Telephone Company as superintend ent and electrician and arrived in the city the first of the week. Mr. Elliott is a strictly high grade telephone man and comes very high ly re.com mended. For the past four years he has been employed by the Lincoln Auto matls Independent Telephone Com pany in the responsible position of chief wire and superintendent of their private branch exchanges and for ten years previous to his connec tion with the Lincoln Automatic; ohn Harkins and H. E. Rand Have Lively Time of It Yesterday evening the saloon of II. Hand On Main street between Fifth and Sixth streets, was the scene of a bloody battle between Rand and John Harkins in-, which the former, judging from his appear ance, got very much the worst cf the fray. Harkins Invaded the saloon n a seemingly ugly frame of mind according to spectators, and started n to create all tho racket and noise possible. Rand, who Is running the place for the Blata Brewing Company, tried to quiet him, telling him he wouldn't permit such a disturbance In hia house. Harkins failed to choke off his uproar and Rand start ed to eject him. Forthwith there was doings aplenty. The air was full of fists and swaying bodies and when Soith Bend (Siei'iul Correspondence.) A circle gathers every night. Say ten odd or more Around the big invitin stove In Stuz's grocery stjre. Counters and chairs take The place uv fine settees, An' here the circle spends its time In Stuz's groeeryvstore. Here's where the farmin's carried on, Here's where the hay is raised. Here's where the cords uv wood are cut An' where the stock ia grazed. Here's where the monstrous clams are dug , Instead of 'lone the shore, Creat deeds are done around the stove In Stuz's Grocery Store. Tho women folks around the town, 'Low if these great affairs Would only happen close at home They'd all be millionaires. But while they're luggin' coal Or wocd out uv doer These waniprs are fightln' ellll In Stuz's Grocery Stcre. They nights they come, the nights i they go, Spring, Bummer, winter, fail, An' still they meet there regular, The setters one an' all. I'd tell you more uv what they do An' rake theni fellers o'er, But, I must go an' take my seat In Stuz's Grocery Store." By Charles Deur of the C. K. I. & P. at South Bend, Neb. TALK ABOUT Sr J. AND IT MAKE3 YOU THINK OF M-EY'S the kind which has "MADE GOOD" We sell it in packages and in hulk. D 3 GOk Mrs Chas. Hill spent Sunday in Lincoln, Mrs. H. P. Long was on the sick list recently. Jerry McIIugh was a Louisville visitor last week. Dr. Lewis was a professional vis itor in the Bend Sunday. Klelser Bros. Bhipped out two car loads of sheep on Wednesday. J. B. McGlnnis was called to Plattsmouth to act on the jury. Miss Katie Mcllugh cf Plattsmouth tha u m Air a rlonrnrl nwnv Rand was therewith very much gore spilled visited nt her brother, Jerry', over over his countenance from contact Sunday. with Harkins' large, rude mitts. As John wagoner, J n. larpen.ng the poet has well said, Harkins lit- and son Roy were Valparaiso visitors tornllv "rnlKnrt dnddv" or RomothinE last Weelt- ., with nnnd-B fne and nut Mrs. John Campbell is enjoying a him very much to the bad. To add visit from her sister and brother of tn tho ef iement attendine the mas- Calgary, Canada sacre, the spectators present in jected very slde-splltlng humorous remarks designed to encourage Har kins in his evil course. Even after the fray was over and Rand was en gaged In washing away the stains of battle, James Jones Invaded the WITH THE KICK. George McDanlels was taken to Omaha yesterday noon for an oper ation for appendicitis. Mr. McDan lels hns been suffering for sometime and has been compelled to lay off at intervals, until he finally conclud ed to have an operation parformod which would releave him perma nently. The operation will take plae today and his many friends here hope that it will be a complete success and that his recovery will be soon and rapid. Mrs. MeDaniels and baby were passengers for his bedside today. The little son of Will T. Rich ardson who was operated upon some days ago for appendicitis, Is re- The Woodmen lodge will give a dance and oyster supper at the hall on February 12th. 0. W. Zarr went to Ashland Satur Lincoln, where he goes to assume his duties as a fireman on the Bur lington read. The news of Mr. Hale's advance on the road to good health ia received with delight by his many frlenda in the city. To Puss Road Law. Senator Banning is determined to have the legislature pass a road law which will do some good for the people of the country precincts, as that was one of the reasons for his election and he got to work yes terday. Senator Banning of Casa county got tired of waiting for the joint committee of highways to agree on a road law and yesterday intro- pears for the widow Mra. S. S. John son who proposes a will for probate Company Mr. Elliott ha8 held very saloon and was misunderstood by which makes her the devisee of the responsible positions with other large Rand who imagined James was real- farm lands of which tho testator died telephone companies. ly named Mars, the god of war, and seized, and which gives to Edwin General Manager Pollock Is to bo was coming in to renew the combat, Jeary. the well known banker and congratulated upon b curing the ser- so he was invited to get on the out- duced a bill bearing the name of the ported as getting along nicely and 8enate committee on highways. there is no question of his recovery Some time ag0 tue highway com in quick time. This is good news mlttee or the two houses were in- for the friends of Mr. and Mrs. Rich- gtructed to act together for the pur ardson. nose of formulating an entire new set of road laws. The senators got Herman Bestor who has been af- together but the house members were day .night to spend Sunday with his flicted so long with rheumatism, Is unable to agree. The result of the slater Mra. Dr. Henry. ' reported us gelling along as well labors of the senate committee was Hiram Hunter of Glenwood, Iowa, as could be expected. He suffers tne bill which was reported has moved on the Adam Miller farm severely at times but bears his ail- day. It provides for a cou ment with extreme fortitude. He can way commissioner to be west of South Bend. John Hewett is erecting , a hot get out of the house very little owing uy the county board to house on his place, so South Bend to the weather conditions. plete charge of the highways of the should be supplied with early gard- ' county. He may be the county sur ea yesier ntry high appointed have com- lwver of Elmwood nersonal nron- v.nu f m. wninti nu i, i n,.rfu,n i,ia f ti,0 it,i,.,i renrt n.i remain en stuff. Mrs. John .emetz is reported as veyor or BOme otherperson, and may erty consisting of notes and other capable of' handling any class of there. Jones replied in language O. J Wortman shipped out two car progressing very, nicely toward re- bo removed by the commissioners to like property to the value of Home telephone apparatus, either automat- that was rather strong as he admits loads of household goods and farm- $40,000. Attorneys A. N. Sulivan c, central energy or magnetic sys- but he stayed out. ing machinery for White Water.Kan- of this city and William DelesDernler tenia and In the rebuilding of the Marshal Fitzgerald this morning sas. of Elmwood represent tho contest- Plattsmouth Telephone Company's swore out warrants for Rand, Hark- W. J. O'Brien, Supt. of the hatch- tants who include a brother, Wm., exchange which will begin shortly ins, Jones and John Miller charg- cries, entertained the game and fish Mr. Elliott's experience will insure a ing the two former with fighting and committee Friday, who came down perfect telephone service to the pat- disorderly conduct, Jones with us- a regular Inspection. rons of the Plattsmouth Telephone Ing profane language and disorderly Hugh Murphy and his assistants conduct, and Miller with assisting were In the Bend Monday looking Harkins and encouraging him by II. Johnson, several slBters nnd noph ews and nieces of the deceased. The principal ground upon which the admission of the will la being fought Company la that Jeary exercised undue lnflu- covery and hopes are entertained whom he is accountable mat u win noi oe a great urn.., Th(J county highway commissioner days until she can ue orougni nome. i be emp0Wered to appoint dis Her return win De,naneci JOV commissioners, who by her numerous friends who have h ,. b accountable to him. and watched the progress of her disease whom he may remove whenever their with the closest attention. ,.,. ,a ,inanfnptnrv Thla nlaoes .. .. . . . - ... .. an tne roaa worn oi me coumy un Mrs. ranK blvey wtio was recent- . ,h 8UDervislon of one man and nv..r tho Brnund at the ouarry. They 'J mousui, ..umc i.uu. makes h m resnoiisibie for It. in . . . - I . . . . . ... tl.. 1 enco upon the deceased to secure the Dies nt Fanium. language calculated to shock the re- Intend to do more work here in the at umana is rtponeu us whuuhj the paHt( s,iy the merauers of the legacy of the large sum left him, and Word was received in this city yes- fined sensibilities. Judge Archer future. So by this the quarry will recovered from the effects of the committee, the greatest trouble has that there was fraud and deception terday of the death at Famam. Neb., this afternoon eot out his Celebrated be running most of the summer. operation although somewnat wean been the dlfference in manner and used In securing tho insertion of the of Mrs. Claud Hostetter.- she dylug Brand of Justice and heard what the The Workmen lodge have five provision of the will favorable to there during the day. Mrs. Hostetter parties had to say why they should new members to Initiate in the or- Jeary. These charges grew out of wug a sister of Mrs. John llatt. Jr.. of not receive a coat thereof. He found der Saturday night. Workmen tho closo personal relations of the this city and had been 111 for some that no one could identify Miller as neighbors are Invited to attend. Sup- latter, Jeary being the business agent time past, Mrs. Hatt being advised one of those assisting in the riot nor per will be served after the meet- of the deceased and being consulted 0f her dangerous condition and In- could they identify him as urging the ing. by him In all matters concerning the tending to go to her bedside. Before fighters on, so he got away on this Alfonzo Sturzenegger spent Sun- estate. Jeary drew the will under Uhe could make th trln death carno chnrce. Tho marshal however, stat- rtav at home. Also Miss Carrie and but expects to be able to do so In real estate tax must be paid in cash. which he Inherits which Is also an- t0 tho sufferer. Deceased had a num- ed he would take him to Jail on an Jessie Demlng being homo from the a very row days, lie is consiueraoiy a8 must the personal tax. All road other point relied upon by tho con- her of frlenda in this city whom she old sentence' which he had never University. "Sturze"hopes to make worn down by the ordeal he has tax is to be expended In the district yet. It will not be long before she plan of work of the men ln cliarge of will be aoie to oe out ana arouna dlfferent districts, and the absence as Usual. I n nrlv R(.hnmo for the enuntv. v. - The new bill further provides that Henry Hesse who was recently op- one-half of the real estate road tax erated on at the hospital in Omaha may be worked out, as may. all of has not yet been able to go to work the poll tax. The remainder of the testants to break it. Tho case was heard before in county court where Judge Beeson sustained the contention of tho pro- had met during her short residence served. Jones admitted that he used of several months in this city some I some pretty strong language but years ago, nnd they are all greatly pleaded that It was a mlsunderstand- shockod to hear of her demise. The Ing between he and Rand which the tho university ball team, doubt will make good in games. He no gone through but will soon pick up. from which it is collected. all the ' e.a lgenoerger wuose iiumuueu ... ,, Poster, pnuntv suoer- Snlo bills are out announcing the hand waa spoken of several days ago, I n,ell,ient of schools has been offered . A- . 1. ...111 .1 ...Ik. 1.4 .1. n .. .. ... ... I.. . .. I . - - - . . ... I. ... . yuuvuva ui n ... .m uuiu.k..vu ... v . -1 j u i e . My in )ul . y in ( no puiuic goes inner rorrouomicu, lemuK nun rs- sale oi J. ai. uenimiiig.io ue num on is getiiug uiuiiu nivuij uuw mm "i u. honor of conducting the round Sftnie tO lirobllte. It IS from ttllS nut In ln.r mirmulnir fnmllv mi, I knr ponn ullk tr. nn1 nnula Pnn.1 U'ni I l,.l...in.ir 1? Ui.rn In a I'hnnco fnr I anntt lia nlilo in roSlinm tt'Dlk. The I . .. . .. . ... . v ,. v ... .... u......n...K mm., uv, iv. ...... w mi... . w i . ........ .. ..u , u i u (I I j i i v ... . .... ... v. -" - io..v. v w.r.v .. i i n r. i it int. rna iiirni n rnnrH nr in.. order or tne lower court mat me Ulster In this city. A more extended discharged as the evldenco disclosed buyers to select some good Duroc hand was badly swollen for somo . nnlversitv summer school dur- contestnnts appeal. sketch of her life will appear In Sat- that he merely protected his proper- Jersey stock as at previous sales, time but this Is now passing away , nna ... ,,. ' lt .H The morning was practically Urdny's issue of this paper. spent in getting a jury ror tne trim The remains will arrlvo in this of the case, all those called being ,ly tomorrow morning and will be subjected to searching ' and careful taken overland to Lewlston church Inquiry. The taking of testimony nmj cemetery where services and in- dld not commence until about eleven torment will be made. o'clock and little progress was made up to noon. Afternoon the taking of testimony was continued but at the hour of this writing little of real lumpoitance had been adduced, the counsel for the parties not having gotten Into the case fnr enough to open up the facts which the contestants niy upon to win their suit. ty and wns within hia rights. Harh- Ins hnd not come In at the time of of going to press. John E. McC.lnnlss of South Bend. ' one of the Jurymen, Is a guest at the Hotel Perkins coming in thla morning. William Stohlman, one of tho solid. farmers nnd veteran democrats of Center precinct , Is renewing ac quaintances In the city today. Mr. Stohlman Is one of the best citizens little One Hies. Tho little three months old daugh ter of Mr. and Mia. Chns. Piper died at their home last Sunday, and was hurled In the Elkenbary cemetery yesterday afternoon. The funeral services were held at the homo In of the precinct nni bis d moeracy la South Park, In tlv afternoon. The of the lion brand, lie la ulwas a Mr. Denning will give a full blooded and his physician will permit him hog to tho lucky man. to use the hand again In a few days. The Rock Island bridge gang have I He had a narrow escape from seri- been here the last few days preparing ous trouble In connection with this for the breaking up of the leo. They injury. have done considerable blasting get ting the ice loose from around the bridge. The Ice ranges from 5 to 16 Inches in thickness. W. B. Ackerman has rondo a name sumed she will quite an honor. accept as this Is II. H. Shrader of Murray was a guest of tho Perkins last night com ing to look after some business mat ters In tho city. Jos. Mullen, the Elmwood veteran t . t I. .. ..nLI lers' relief com mission departed this f .1 1 , I.. rt...n lillMllllI VII lll'T .1.1 l,T 11(1111 IV.. .-k Yourself the truest inn, Why not use Chnmberlaln's Llna- metit when you have rheumatism bereaved parents have tho sympathy of all. Tor Hint TeiiiMe Itcltlnu. Eczema, tetter and salt rheum We feel Hiiro t hi t the result will bo keep their victims In perpetual tor- prompt and satisfactory? It has ment. Tho application of Chumhcr- nired others, why not you? Try it. Iain's Salvo will Instantly allay this lt cost but a trifle. Price 2," cents; itcnlux ami many cases have hon largo sine, .It) rents. For sale by F. cuiod by Its iue. Fur sale by F, (!. (5. Frlcko & Co. Krlcko &. Co. John Bukacek Is spending tho afternoon In Omaha being a passen ger on tho mall train for that city J. I). Cress of I'nlon, one of Mio panel Jurors, is' registered uil! the Perkins hotel. welcome caller at the Journal office. Adam Fiiedrbh of Pierce County, Neb., one of the prominent and enter piisln;; jounx men of that section wiM a visitor In this city mid vicinity for a short tlu.e with relatives, de parting foj" his homo in the m til train at noun. Mr. Fi iediieh Is p you us farmer with a rtiut ileal of practical expeiii nee red much sound sense who hr.s trade Ms fiir'it In Pierce County-a pa. lug Invest n. nt. lie formerly lived In this redlen and Is a young un with mny fii n.l here. O. 0. Hale who has been seriously 111 for several weeks past with pneu monia la reported aa being much Im proved and expects soon to he able for himself ns a crack shot with the to be out of doors. J. W. Singleton rifle. While a large flock cf geese 0f Kinsley, Kas., who has been vl.dt passed over tho section house W. B. in(r with him and helping take care ha from which city ho will return milled up with his trusty army rifle ,,r him. denarlod this morula;: for to hl:i homo this evening which he purchased recently and kill ed oil" of the gecso which Weighed fifteen pounils. What makes this sin h a K"l hot is that the flock was nlun-i'i two block: from tin depot. m l were flying very high. Whether thin was Just a (banco shot or nder.i- en-'t ration of 'PIllloV ability with the rlfl" wo will h lo to leave to the rr;--K invrtsmen. I .at or--Sim o the above w:ts written we Pave heard that this Is ltll'le's" f;r fowl to his cte.lli. s Not Coughing Today?! Vet ycu may cough tomorrow! Better be rrcparcJ for if " ..hen it comes. Ask your doctor about keeping Aycr'o Cherry Pectoral in the house. I hen when ihc hard cc.M , .a -1 1-fT rWl II 1 INK I I v II 'ill. I ' 1 i ir I -a - ....1 C ...Til i. . ri ir iinnnr :i"iii( iv.f i i : i 1 1 r. w 1 1 t i i i i Know; r; F;h.1-b v.T.l tup the light fantastic on February 13 nt Fokcl hall. ret all doubt at rest. Uo as lie says, l No alcohol in this cough medicine. Ja'ItCo.. "...ni MMMmnCTWwnnnirnrrTTtrT-niT ' M r kumeit health i a urciit saltiiiuird niMinst attack oi throat and bin;' tronb' onsllpatioii will destroy Ihc best cf health. Ask your doctor c' ti-it Ayci'i. cul,i'c:, i