SEMI-WEEKLY EDITION- EIGHT PAGES
VOLUME XXVI11
TLATTSMOUTn, NEBRASKA. MONDAY, MA11CII 15, 1909
NO. 189
CONTEST WILLOF
J. A. CONNOR
Bitter Fight Between Heirs-at-Law
and Proponents
That the attack of the proponents
of the Joseph A. Connor will upon
the heirs of Mr. Connor is the most
brutal and unrewarder ever made
upon the relatives of a dead man
in a court of law, was the statement
with which James P. English, coun
sel for the heirs, opened his argu
ment before Judge Leslie Friday af
ternoon. "I want to state here and now,
but for the fact that the charges
made enjoy the protection of being
part of the Judicial proceedings, the
proponents would be subjected to
criminal prosecution for libel and
civil action for damages," said Mr.
English.
Mr. English spoke with irony of the
opening statement of opposing coun
sel that the proponents have no in
terests save the wishes of Mr. Con
nor be carried out.
"Does this warrant them in a bru
tal and unwarranted attack upon the
relatives of the dead man? Are their
eyes so blinded by the glitter of yel
low gold that they cannot see what
is apparent to everyone else? Can
they see nothing but the grotesque
scheme for parochial schools, that
they Jump with hob-nailed shoes
upon weak and defenseless women?
"If Joseph Connor could return
in the flesh, would he for a minute
countenance such attacks upon his
relatives by those who ridiculed and
despised him when he was alive?
"Is this the penalty which must
be paid by those, who believe a man
dies interstate, step forward to ask
what is right and natural they should
have, that they must be branded as
criminals, perjurers, conspirators
"Of what crimes have not these
heirs been accused? It has been
directly charged that they stole the
will, a crime, for which the penalty
is one to ten years in the penitentiary
and of forgery, an offense no less
serious In its consequences.
"Under the charges and insinua
tions made each of the heirs stands
accused of participation in stealing:
the will, though for reasons of their
own the proponents affect to exon
erate Mrs. O'Connor and Grace Con
nor." Mr. English said that the contest
ants do not, as the proponents repre
sent, take the position that Mr. Con
nor destroyed the will In controversy
with the Intention of dying intestate.
The evidence showed, ho said, that he
never lost the belief that within a
day or two he would be well enough
to go down town to his office. Mr.
English also advanced the theory that
' Mr. Connor never intended any of the
wills introduced in evidence to gov
ern tlie dlstrubution of his estate,
but used the mmerely as a buffer to
protect himself from importunities
concerning the disposal of his prop-
Why This Movement?
The Journal has watched with
some interest the movement of cer
tain parties and Interests for a so
called "Citizens" ticket for city of
ficers this spring. It has seen with
much regret some very good men al
lowing themselves to be used to fur
ther this movement and to aid in
drawing chestnuts from the fire for
others.
The city of Plattsmouth has many
problonib to face durlns the coming
two years. There Is no reason why
the democratic party cannot give
these several problems a proper
treatment and, by the selection of
the rlRht kind of candidates, solve
them.
One thing which the city still has
before It Is the matter of lighting.
On this there has been nil kinds of
M as advanced. Sonic have
advocated the construction of a Joint
light and woter plant by the inutil
clnlll, some have advocated se
curing light from sonic fen Inn cor
poration while still other have In
sisted Hint the pntrt nn;;. should no
to n local company which has Its
money invested In this lty and whoso
employes would net the benefit of the
expt lullture. The Journal lins le"ii
one of the latter class, but It real
ises thnt there Is much to be sold for
both the other projects and It Iihs
no'dinlre to dictate. This question
can be ns cuslly solved by the demo
cratic party and Its candidates as by
erty.
Mr. English reviewed the testi
mony and argued that it showed that
the will was not stolen and that the
idea of a conspiracy among the rela
tives was preposterous. He contend
ed that the action of the relatives In
agreeing upon terms of a division of
the estate not onfy contained no
element of criminality, but they were
not so greedy as some parties appear
to be. He undertook to show that
there was nothing to bear out the
charge that the settlement was made
under threat that anyone had the
will and would probate it.
Mr. English concluded his argu
hent at 5 o'clock. Adjournment was
taken until Saturday morning until
9:30, when Judge Sullivan will argue
the legal phrases of the case from
the standpoint of the contestants. In
the afternoon Ed. P. Smith of coun
sel for the proponents will make an
argument on the evidence, and the
case will be submitted to Judge Les
lie. Friday noon Constantino J. Smyth
leading counsel for the proponents,
concluded his argument, In which he
had openly charged that the will was
stolen.
Mr. Smyth had spoken for eight
hours, consuming the morning and
afternoon sessions of the court Thurs
day and resuming his argument Fri
day morning. It is not necessary,
he said, to prove who abstracted the
will but only to show that Mr. Con
nor did not revoke it.
He advanced the further charge
that the possession of this document
was used to force other 'parties at
interest into agreeing to a division
of the estate; that the threats was
made that if demands for a satis
factory division were not made, the
will would be probated and that these
persons were convinced that the guil
ty party would produce the will for
tirobate if deeming it advantageous.
Stress was laid upon the fact that
the last will of Mr. Connor was along
the same lines as those previously
drawn and that it represented fixed
purposes and wishes. He mnde much
of the testators love for Grace Con
nor and rls often expressed desire
to provide for her handsomely, and of
his desire to have his name perpetu
ated by having it attached to paro
chial schools.
That Mr. Connor thwarted his own
wishes by destroying his will so all
the estate would go to helrs-at-law,
cutting off any bequest to Grace or
to the schools, was incredltable.
Mr. Smyth recounted the anxiety
that Mr. Connor repeatedly showed
during his last illness concerning
whether the will was secure In his
desk, frequently asking to be shown
the key to the drawer In which It
was kept. World Herald.
any "citizens" movement. And attain
where does the "citizens" ticket
stand on this matter?
The franchise for the Water Com
pany Is nearing its end. The city
then will have to arrange for secur
ing water from some source and by
some means. This problem will be
met by the democratic party In the
proper manner. Can the "citizens"
movement say so much?
These two Issues are vital to the
voters and taxpayers of Plattsmouth
Upon each of them the democratic
party is pledged to give the people
tho maximum of service at a mini
mum cost. In other words, the dem
ocratlc party Is pledged to secure
to the people light and water nt the
lowest possible cost and it and Its
nominees will not permit the city to
be looted. A reasonable Hint fair
contract Is what the democratic of-
flelals will favor und that Just
and fair to everyone. What does the
citizens" ticket say on this?
The problem of clean streets la one
which the democratic party will
meet and settle. Main street could
not be (leaned during the past winter
as It was thought better judgment
to allow sand and dirt to net In the
new pavement before that was done
but under democratic rule thU will
be done ns soon as It Is safe. Can
the "citizens ticket say as much?
The extension of permanent walk
will be carried on under the demo
cratic administration as before and
Just as funds can be secured for the
work. It Is beneficial to the public
and can the "citizens" ticked do
more?
There are many other minor p-ob-lems
to be facei and fou?Lt out unl
lu every case, the democratic offi
cials can do the work better than any
officers chosen under a mysterious
method of determining who may run.
. Lastly. Why a "Citizens'" ticket?
Why cannot the people of Platta
mouth have something to say as to
whom they want for office? Is
there any inherent virtue in a secret
"committee" that it is wiser than the
masses of the people? And while we
are on this Who is this "citizens"
committee? Why not come out of
the woods now and show the hand of
thoBe who would rule the city und
make contracts and grant fran
chises for the coming two years?
Progress is wanted in Plattsmouth
people are to be cut out from parti
cipation In thler own affairs. They
pay taxes and they should be entitled
to a hearing in selecting their of
ficers. SHARPERS ARE ARRESTED
AT GREENWOOD, NEB.
Charged with Working Passengers on
Rock Island Train Out of $20.
Two men giving their names as
William F. Mayer and J. C. Barton
were brought to Lincoln yesterday
from Greenwood by Deputy Sheriff
Dawson and lodged in the county Jail.
The men, who are very smooth look
ing individuals were charged with a
third man whose name could not be
secured, with fleecing a passenger on
on a Rock Island train out of $29
in a card game. The complaining
witness is SpeclaJ Agent Frantz of the
railroad company who happened to
see the trick pulled off.
It is suspected that the three men
belong to a gang of sharpers who
have been going over the country
working a skin game.
Mayer claimed to be an insurance
agent and Barton a land agent. Agent
Frants telegraphed to Sheriff Hoag-
land to arrest the men at Lincoln.
Barton and Mayer succeeded, to
Jumping off the train at Prairie
Home. Here they secured a teair
and drove to Greenwood. At Green
wood the pair fell into the clutches
of the marshal of that town and the
marshal of Waverly who took them
Into custody. The third man de
clared to be Implicated in the affair,
and who was known as the "Judge,"
rode on to Falrbury where he was
ordered arrested and held by the
Lincoln authorities. He is expected
to Join h is comrades this afternoon.
A complaint against the accused will
likely be filed tomorrow In one of the
justice courts.
A peculiar circumstance in con
nection with tho apprehension of the
alleged confidence men was the at
tempt of someone supposedly a friend
or confederate of the bunch to Rive
Sheriff Hoagland a bum steer. Word
came from Omaha over the telephone
that the marshal of Greenwood had
turned Barton and Mayer loose.
Suspecting it was a ruse no atten
tion w as paid to the message. Word
was flashed to Greenwood to hold on
to the suspects and Deputy Dawson
hastened to the town as fast as a
train could carry him. Lincoln
News.
Pollard "Culled" Hard.
Lincoln, Neb., March 12. Con
gressman E. M. Pollard Is in for a
good, stiff, strong, "call down" from
the Nebraska houso of representa
tives. Tho criticism originates in
such a manner, too, that it ran hardly
be Interpreted as partisan.
Twlco since the passage of reso
lution by the Nebraska legislature
two years ago asking tho Nebraska
delegation in congress to work and
vote against the ship-subsidy bill,
Congressman Pollard has shown his
contempt for such Instructions by
voting for ship subsidy, the last time
being scarcely a fortnight ago. It Is
because of this that the resolutions
of censure have been prepared and
will probably be adopted.
The resolutions were drawn and
Introduced by John P. Thelssen.
republican member, but a man who
has shown himself In many ways
n:tf.t remarkably Independent of
party politics. ll was the author
of the resolutions two years ngo eon
detuning the hhlpsldy graft. After cit
ing tin se resolutions, those resolu
tions Introduced today continue:
Whereas, In defiance of this r"?
olutlon by the representatives of the
people of the state. Congressman K
M. Pollard from the First Nebraska
district, on March 2. 1909. voted
agnln for tho ship subsidy bill then
pending congress, which was tie
feuted that day by a vote of 172 io
175; and
Whereas, the great majority of the
people of his state, shown in many
undeniable ways, are opposed to
further grants of the people's money
In bonuses to great corporations as
unsound in economic policy and dan
gerous to tho future political wel
fare of our nation, therefore be it
Resolved, By this house, that we
hereby express both our regret and
our strong condemnation for this de
fiance of the public welfare by Con
gressman Pollard.
'Resolved' that the true theory of
republican government Is that rep
resentatives of the people are chosen
to carry out the people's will and
I where they find themselves out of
harmony with that will, their duty
is to obey the people or to resign, and
be it further
Resolved, That a copy of these
resolutions be transmitted by the
chelf clerk to each member of the
present and preceding delegates In
this state and the congress of the
United States."
They were laid over under the
rules until the next session of the
house on Monday. It Is probably that
a roll call will be demanded on the
question to give the members a
chance to go on record with refer
ence to their position on this ques
tion. HAVE A VERY NARROW
AND THRILLING ESCAPE.
Owners of Boat and Guns Found on
Gochenour's Island Tell
Story.
A wild tale of escape from death
and oblvian beneath the waters of
the murky Missouri was told yester
day afternoon by two men who came
down fro in the Iowa side of the rives
opposite Bellevue to claim the two
guns found In the boat caught on
Monday by John Gochenour at the
Island Bouth of the city. They iden
tified the guns readily enough and
were enabled to take the property
home, convincing Sheriff Quinton of
their being the parties to whom the
boat belonged.
According to the men who irame
dlately hunted Sheriff Quinton upon
getting into town yesterday morning,
they had been hunting on the Mis
souri river near Bellevue but with
out much success. When they start
ed out there was little prospect of Ice
o the river. The party comprised
three men all told with three guns,
a set of decoys and provisions for a
day's hunt. They are all residents of
Iowa.
The party was ready to return
to their homes from a sandbar in
tho river when the running Ice com
menceel to come past out they em
barked Just tho same. Unfortunately
they found the Ice dosing in about
them and speedily carrying them on
down to the Mississippi and tho Gulf.
Try ns they could they were un
able to break through the barrier
about them on every side. It looked
for sonio time as If n terrible death
In the Icy waters of the Missouri
would be their fate. Monster cakes
of Ice measuring many feet across
and varying In thickness from one
foot to two feet were grinding md
crashing all about them. The cur
rent which swept them on down the
stream kept them within the cruel
cordon of Ice floes. Boumo onward
they were well nigh exhausted by the
constant battlo with the Ice for life
until at Inst the current set In toward
the Iowa shore and they saw a char.ee
to escape from Its Icj clutch. With
might and mal they fought their way
through until they had the bank
under their bows. Here Instead of
trying to save their boat and their
guns, the men made a flying leap for
the bank and successfully landed.
It was a great relief to them to once
more feel terra flrma under their
feet and little they cared If the roll
ing waters bore away their craft in
tho meshes of the Ice. They did not
morry over tho loss of their three
guns or their amlnutlon and decoys.
After the terrible experience upon
the river amid the Ice they only
wanted life and when they had that,
worldly possessions could take car'!
of themselves.
The three men returned to their
homes In safety and trusted to good
forutne to save their boat and Its car
go. In this they were fortunate rii
the beat drifted with the runnln;;
Ice some eighteen or twenty tillli'.t
as the current runs until Mr. (loch -tiour
landed It. At the time they left
the boat they bad three guns in It but
when It was caught there were but
two, the other having been lost
through the rush of the Ice and the
tilting of tho boat.
The two gentlemen who came down
after their guns were Tom Box and
Walter Stanton, both residents of
Mills County, Iowa. They spent the
afternoon In the city and were loud
lu praise of Mr. Gochenour and Sher
iff Quinton for the Industrious man
ner In which they sought out the
owners of the boat and guns. As an
evidence of their good faith In the
matter they made Mr. Gochenour a
substantial donation although they
were poor men themselves. , They re
turned to their homes last evening
on No. 2 going to Pacific Junction.
Both men unite in saying that their
escape will always Beem to them one
of the most fortunate works of Pro
vidence as It seemed that they were
several times in the shadow of death.
GIVES A SPLENDID AND
ARTISTIC PERFORMANCE.
"The Lion and the Mouse" at the Par.
Mele a Rare Treat to Theater
Goers.
A fair house yet not nearly so
large as the merits of the play war
ranted, last night greeted tho Henry
B. Harris company In "The Lion and
tho Mouse" at the Parmele. Not to
be extravagant In praise of the play
and the presenting company, it can
be truthfully Bald to be one of the
best which has greeted this city
for years. The play Is a very pow
erful one, dealing with the power of
money over the government and the
use it can be made of by an un
scrupulous money king. Through
the entire story runs a pretty love
romance which, as In all well regu
lated plays, ends haplly the heroine
saving her father's honor which the
money king had threatened to de
stroy, and at the same time marry
ing the man of her choice, the money
king's Bon. It la said Charles Klein,
the playwright who wrote the pleco,
had John D. Rockefeller In mind
when he framed the character of the
money king and the makeup of
Oliver Doud Byron in the character
bears a striking resemblance to por
traits of that gentleman when he was
In his prime. There are a number
of strong situations In the play,
the scene In the third act between
the money king, John Burkett Ryder,
and tho heroine, Shirley Rossmore,
being particularly effective.
The parts were all well taken, the
company being an excellently well
balanced one. In the character of
John Burkett Ryder, the money
king and the man who could rule
governments but could not rule his
own family, Oliver Doud Byron gave
every evidence of theexperlenceonthe
stago which has been his. For
many years he has taken many parts
and his work last night showed tho
depths of his histrionic ability. The
heroine Shirley Rossmore, was taken
by Edith Baker and sho developed
an extraordinary ability In the difficult
rolo she essayed. There was a sug
gestion of being Just ft little over
drawn In some parts but on tho
whole her characterization of the
part was all that could bo asked.
Hon. Fltzroy Bagley, the engllsh
private secretary of tho money king,
was very handsomely portrayed by
Martin Sabine, while Marlon Pollock
Johnson played the part of Kate
Roberts to perfection. The rest of
the cast was thoroughly capable,
It Is regretted tho company did
not play to larger business, altliougli
they had bad weather to contend
with in addition to playing at ad
vanced prices. Tho company plays
at the Boyd In Omaha later in the
season and Is deserving of big busi
ness. Dies of Dlplhcrln.
Died Luchlnisky. Frank, at his
home In riattsmouth, Neb., on March
12, 1909, of dlptherln, aged 17
years. Funeral private.
LaHt evening the community was
shocked and grieved to hear of the
untimely demise of Frank Luschln-
Bky, one of the brightest and best
boys In the city. He was tho son of
Mr. and Mrs. Frank Luchlnsky u:.d
his death orcurred after a very brief
Illness of a Ilttlo over twenty-four
hours.
Born In Plattsmouth seventeen
years ago, this young man was Just
upon the threshold of life when the
Dread Destroyer came und with a
breath struck him down. In his
lift time ne was a most lovable voung
man and in his death he leaves a
large circle of sorrowing friends whom
the nature of his malaily compels to
remain away from the final riles for
Mm.
In common with nil those who have
known this young man In bis life
time the Journal Joins lu sympa
thy for th bereaved parents who
lose po bright a son.
Wanted.
Cash estimate for taking out the
stumps on the south part of the old
Mopes place.
John Hoc kstrasser,
BRIEF SKETCH OK LIFE
OF FRANK SAFFER.
For Many Veant a Sufferer Until at
Iiast the Final Summons
Came.
Died Saffer, Frank at his home
in PlattBmouth, Neb., aged 45 years.
2 mo. and 9 days, of tuberculosis, on
Friday, March 12. 1909.
Death yesterday afternoon came to
the relief of Frank Saffer, a well
known and popular cigarmaker of
this cly. For many months he had
been a sufferer from the ravages of
consumption that most dreaded of
diseases and at last it claimed him
as another contribution to its onward
march. In his lifetime Frank Saffer
was a man who had made many
friends, all of whom heard of his pas
sing with the deepest regret. Per
sonally, he was a most kind and gen
ial friend, one whom to know was to
tie to. In his home life he was a
loving and kind husband and father.
In his later days it was not given
him to be able to be about a great
deal and his absence from the street
where he had so long been seen, was
marked by all.
Deceased was born near Bushnel!,
111., on November 3, 1864, and his
early years were spent In that lo
cality. Coming west he located at
Red Oak, la. and while there met
Miss Llllle Ackerman and was united
In marriage to her In the year of
1885. She survives him as does one
son and four daughters. The son
Earl, Is at present in Brooklyn, N. Y..
while the daughters; Edna, Elthel,
Myrtle and Madge are all residents
of this city living at home. Mr. Saf
fer's mother and step-father reside
in Macomb. 111., but Illness will pre-,
vent the attendance of the mother.
One brother, Jerry Saffer, of Mom
mouth, 111., and one sister, Mrs.
Beach, of Lincoln, 111., survive the
brother.
During his lifetime Mr. Saffer whs
a member of the Christian church
and in the rites of that church he
will be burled. He was aWo a mem
ber of the International Cfgnrinak
ers Union whose members will have
charge of the funeral. The funeral
will tako place tomorrow afternoon
at 2:30 p. m. from the Christian
church, Rev. Luther Moore officiat
ing. Democratic City Convention.
The democrats of Plattsmouth City
nro calk'd to meet In delegnto con
vention on Wednesday evening,
March 17. 1909, at 8 o'clock p. m. at
the council chamber In said city.
This convention will nominate the
following officers: One mayor for the
term of two years, one city treasurer
for the term of two years, one city
clerk for the term of two years, one
police Judge for term of two yenrp,
two members of the board of edu
cation for the term of three years
eacb. There will also be nominated
one councilman for the First ward
for the term of one year (to fill va
cancy). One councilman for the
First ward for the term of two years,
one councilman for the second word
for the1 term of two years,
one councilman for the Third ward
for tho term of two years, one coun
cilman for the Fourth ward for tho
term of two years and one council
man for the Fifth word for the term,
of two years.
The primaries to erect delegates
will be held In the First ward at the
office of D. O. Dwyer, Second ward
Turner Hall, Third ward. Manspeak
er'8 barn, Fourth ward, Council
Chamber, Fifth ward, Bach's store.
The primaries shall be held at 7
o'clock p. m. The basis of represen
tation Is one vote for each ten votes
cast Inst fall for E. O. Garrett for
lieutenant governor and representa
tion Is ns follows:
First ward 8.
Second ward 15.
Third ward 14.
Fourth ward 9.
Fifth ward 7.
Totnl 53.
The convention will also transact
such other business as may como
before It.
W.
K. Fox,
Chairman.
Enr I Travis,
U. F. Elck Iberger a ml Elder Geo.
Weaver came in this morning from
Tabor, la., for the purpose of opening
n series of revival meetings In South
I'urk. The meetings will open up
totlntlit and will continue for some
time. Both Rev. Eh kelberger and
Elder Weaver are excellent speakers
and thoroughly versed in the tenets
of their rellRlon and they are well
worth listening to.
Mrs. S. O. Cole came In this tnorn
w" passenger on the curly tralu
foi vha.