Murray Department.
JUDGE H. D. TRAVIS
FILES FINDINGS
PREPARED IN THE INTERESTS OF TI1E PEOPLE OF MURRAY AND VICINITY ESPECIALLY FOR THE JOURNAL READERS.
If any of the readers of the Journal know of a metal ei-ent or an item of interest
T icuU all items of interest. Editor Journal.
(T1
U A R
DC
A Check Accounl
of Money by Theft, Careless
HCdd Ul HbWIUCIIIt
THIS method demands that you keep your money in
the bank where we employ every means to make it
secure. We are responsible for loss when funds are
in our care. We give you safety.
With your money in the bank, you may issue a check
apainst it. Your checks are good only when properly
signed, and can be cashed only by the party to whom
you gave it, who must endorse it.
This is an absolute safe convenience v.hich the
bank furnishes wiihout charge.
Murray State Bank
W. G. BOEDEKER, Cash.cr.
n
DC
Miss Paulino Oldham was in Platts
mouth Monday evening.
Mrs. James Alison was a visitor In
Nebraska City Monday.
Miss Margery Walker and Miss
Vorglo Nye were I'lattsmouth visitors
Wednesday.
Mrs. Anna Linten and children
went to Omaha Monday to visit her
sister, Mrs. Augustine.
Tho Ladles' Aid society of the
Christian church met with Mrs.
Charles Carroll Wednesday after
noon. Miss Carrie Allison returned to hcr
work nt the bank In Union Monday
morning, after spending Sunday with
her mother.
Miss Verna Tracy, who lias been
the guest of Miss Isabel Young since
the Fourth,' returned to her home In
South Omaha Sunday.
Mrs. Sim .Upton and Miss Jessie
Todd were guests of Mrs. 0. H. Gil
more Tuesday afternoon, returning
to Union In the evening.
Ilex Young, rural route carrier,
will appreciate It as a favor if all
those who find mule shoes that be
long to his team that have been lost
will return them to him.
Miss Margerle Walker entertained
today In honor of Miss Vergle Nye of
Washington. A very enjoyable af
ternoon was spent at the Walker
home. All voted Miss Walker a flno
entertainer
R. Mlnford'H new barn, one mile
ast of town, Is rapidly Hearing com
pletion. W. II. Hamilton is doing the
work, and It will be one of tho most
substantial barns In Cass county
when completed.
W, II. Scott of Valley Falls Is here
visiting his brother, W. A. Scott,
tho gentlemanly agent of the Mis
sourl I'aclfln. W. II. was night man
at the M. 1'. depot In Hattsmouth
during tho Incumbency of Mr.Stough
tenbornugh. W. II. McDaniel, who Is employed
as a telephone operator at South Om
aha, Is spending a few days with his
pureiits. When he returns he will
hereafter be employed In Omaha. Wo
wero pleased to tako our old
friend by the hand.
Ilen Jester, an uncle of Frank
Moore, died at his homo In Danville,
la, Tuesday evening. July 12, and
was burled yesterday at that pluce.
Mr. Mooro has more than his share
if grief, and It seems a strange coin
tldeine that his brother and uncle
fhnuld pass away on tho same day.
Alex Ilhoden, who was kicked on
the leg by a mule several weeks
Hlnre, went to Fremont Wednesday
of Inst week to have his uncle, Dr. 11.
II. I'hodcn, examine tho Injured
Hint). He returned homo Friday
; with a' trentment from the doctor
whirl he hopes will result In ruling
him without an operation
Vn. Ada Stokes, who has charge
of Co riattsmouth Telephone Fx
chan c, has had tho room handsome
ly di orated with new paper and
othe wise renovated. Mrs. Stokes Is
very topular with tho patrons of tho
tele ono company here, and do
ner' i praise for efforts to please.
"Withal, the is an excellent lady.
Th peoplo of Murray are at a tor-
xiblc llsadvantage by thero being no
DC
Prevents the Loss
1
0
3C
telephone but at the depot. The
business section of the town Is quite
a distance from the depot, and If the
merchants are looking for goods or
desire to find out about trains, wheth
er they are on time or not, they have
to go to the depot to find out. The
citizens should petition the company
to put In a phone. They owe it to
their patrons to do this.
Mrs. Lee Ferris has been on the
sick list, but is much better at pres
ent. Joseph Llndsey, southwest of
Union, is quite sick, but nothing ser
ious Is apprehended.
The music of the reaper Is heard
In every direction and mot of the
wheat crop promises well.
The King's Daughters had a very
enjoyable meeting with Miss Ida
Hoedeker on Wednesday afternoon.
Kx-County Treasurer Wheeler was
a Murray visitor Wednesday, and he
has the appearance of a real farmer.
Mrs. Kallison, living three miles
northwest of town, who has been
quite 111 for several days, Is Improv
ing at this writing.
Howard Graves and family return
ed Tuesday from a visit with rela
tives and friends at Glenwood, la.,
Nebraska City and other points.
Glen Itoedeker, the genlal'cashler
of the Murray State bank, Is Improv
ing his handsome residence by put
ting down concrete walks around the
same.
Rev. Lamp, pastor of tho Presby
terian church, is taking a three
weeks' rest. In consequence of which
Rev. Wallace will preach on Sunday
next and the following Sunday.
Mrs. Mont Robb came up from
Wyoming Sunday and remained as
the guest of Mr. and Mrs. J. W.
Holmes until after the funeral of the
late William Loughrldge, Tuesday.
Dr. II. F. Rrendel accompanied
Mrs. Herman Deck to Omaha Wed
nesday evening, where she will be
examined for a complaint which
somewhat baffles her relatives and
friends.
Mrs. Kills Daniel came up from
Oklahoma Monday for a brief visit
with her sister, Mrs. Credo Harris.
She reports all Cass county people In
tho county whero she lives as getting
along nicely, and crop prospects are
tho best.
Harry llaxter Is rejoicing over the
advent of a new boy bnby at Ms
home, which weighs eight and a half
pounds. He put In his appearance on
Friday, July 9, and It Is said Harry
has been cutting up all sorts of dl
does slnco tho llttlo stranger came to
gladden his home. Mother and son
doing well, and It Is thought the
father will recover In a few days,
A letter from C. S. Stone Informs
us that on July 10, 1909, he took
active charge of tho Delaware State
bank, located In tho great Delaware
oily belt of Oklahoma. Tho Journal
as well as the many friends of Mr
Stono In Cass county aro pleased to
note that ho Is prospering. Charley
was cashier of tho Murray Stato bank
for several years, and during his in
cumbency he mado many friends by
bis rourteous treatment of patrons
We alt extend our best wishes for his
prosperity In his new location.
in this vicinity and will matt $nme to this
We regret to learn that our old
friend. Uncle Hilly Wiley, one of the
very early pioneers of Cass county,
Is very poorly. He Is about 83 or 8 4
ears of age, and came to Cass county
in the early 50's. The Journal hopes
for the speedy recovery of our old
friend.
Died in Washington.
The sad Intelligence of the death
of Lewis Moore reached Murray to
day. His death occurred at Stephen
son, Wash., on Tuesday, July 13, and
the funeral occurred yesterday. The
deceased was a son of Frank Moore,
and was reared to manhood in Cass
county He removed to Washington
several years ago, and his death will
he requeued by those who knew him
so well In his early boyhood days,
and later. A further notice of his
death will be given later.
A Xurrotv Fsciipe.
Charles Swan, son' of Wlnfleld
Swan, living five miles southeast of
Murray, met with a serious accident
last Friday while riding one of the
lead horses to a self-binder. The
horses became frightened and in
some manner he was thrown to the
ground, the horses and sickle pass
ing over him. As he lay on the
ground and saw the sickle with Us
sharp guards coming at him he dodg
ed down In time to prevent being be
headed. One of the sharp guards
caught In his hip and tore It open.
Medical aid was summoned as soon
as possible, and at this writing Char
ley Is practically 'out of danger.
Narrow Kscnpe Front injury.
Last Tuesday as a party composed
of John Edmunds, ltev. Lamp, F. M.
Young, Sr., and Mrs Edmunds, were
returning from Plattsmouth, where
they had accompanied the remains of
the late William Loughrldge, they
came very near meeting with a disas
trous accident. Mr. Edmunds was
driving, and the four were seated In
a carriage, and In some manner one
of the front wheels ran Into a rut
as It did so Mr. Edmunds gave the
horses a stroke with the lines. At
this the horses plunged forward and
as they did so they broke loose from
the vehicle and ran away. It was
very lucky they did, for if they had
carried the vehicle farther it would
have no doubt proved serious for the
occupants. As It was, they were
simply left In the big road to await
assistance, with no damages done ex
cept broken tugs. Lloyd Gapen as
slsted the party home and they all
feel very thankful to Mr. Gapln. The
horses ran a short distance and were
stopped. The team belonged to Don
Rhoden, but they are not to blame
for the accident.
Maple Grove.
Harvest has begun with full force
In this community.
R. A. Young shipped a car load
of hogs to East Omaha last week.
Quite a few of this section attend
ed the barn dance at P. A. Hild's
Saturday night.
Mr. and Mrs. Herman Gnnsenor
of near Plattsmouth were callers In
our city Sunday.
Mrs. Louis Puis spent Sunday at
the home of Mr. and Mrs. Adam
Illld
Searlo Davis of Lincoln was
Maple Grove caller Monday.
Mrs. W. II . Puis made a business
trip to Murray Tuesday.
The llttlo daughter of Mr. and Mrs
U. C. Palley gave a birthday party
to her schoolmates Tuesday after
noon. Ice cream and cake were
served and all enjoyed a good time.
To Head of Horses for Kale.
The undersigned has 20 head of
good youns horses to dlsposo of at
private sale, In any number do
sired. They are large-boned, In
good shape, and none of the branco
order. They can bo found nt mv
place, six miles southeast of Mur
ray. Come and see them for your
selves. Prices reasonable.
Frank Vallery,
Sheriff's Sale.
RT VlUTCEOKANoKnniOKHAI.E. H
aned by J min t Itoltrrtwin, cleric of the
IMstrlrt Court within mil fur Css county, N
lra.ska, tint to int tllrwted, I will on lliti
24th Day of July, A. D.,1909
at tonoVlork a. m , of said Wv at tit wnitli
dimrnf tlieoonrt house. In said oountr. wll nt
IMililli' atii'tlon lo the IiIkIii-sI Milder fur cash,
the follow In real estate lo-wli; ,ot
fmirtreti, (It) In Moc-li four (4) In (lie villain of
Murtay, t'asn county. ISt'lna-ska. The name
Ix'liiir Ii'vIimI upon and I akin ait the pro
ivrtyof l-lla r. Uueen and Alhert Quiimi, de
fendant tn satisfy a jiidirnifnt of haul court
r-votrered by I'eler Camplieli, administrator
of the estate of Thomas I.. ('amnlieU, Uis.t-a.sed
plaintiff, attaint.! said defendant,
riatumoutli, Mvhrtoka, June 1tli, A. R,
im. c i. yriNToN.
Sheriff 1'iaa Count jr. Neliraaka.
otfux il wul upwur under &U heading.
Funeral of William Ioiijliridge.
In Monday's Issue ofthe Journal
announcement was duly made of the I
death at Murray of William Lough
rldge, long a prominent resident of
Cass county, and a citizen highly re
spected by all. Mr. Loughrldge had
been afflicted with valvular disease
of the heart for some six months,
and his ut-aui to us not unexpected by
his relatives and friends. During
the long period of illness and suf
fering he was very patient and to
the end retained his courage and his
faith.
The funeral which was held on
Tuesday, July 13, from bis home in
Murray, wa3 the occasion for a large
outpouring of old-time frlencs anx- i
lous to pay a last token of respect
for one whom they had known for
so many years, and whom they had
so beloved. In his lifetime deceased
had been Identified with ttie Masonic
order, belonging to a lodge situated
in the east, but this order did not
conduct the funeral, as It was the
desire of the widow that she be per
mitted to make the final arrange
ments for the repose of her life's
companion. A great many members
of the order from this city and vicin
ity attended the last rites over de
ceased and there was a long cortege
which escorted the body to Us final
resting place In beautiful Oak Hill,
west of the city.
Deceased Is survived by a widow,
living at Murray, and two sons,
James, the elder, being a prominent
citizen of Murray, where he has
taken up the business of his father,
and Dr. W. K. Loughrldge, a prom
inent citizen and leading physician
of Milford, Seward county, Neb.
In their loss of a loving husband
and father, those who are left to
mourn have the sincere sympathy
and condolence of a large circle who
feel that In the death or Mr. Lough
rldge they, too, have sustained the
Irreparable loss of a good and true
friend and the community a Chris
tian citizen.
Kd. Curr for Sheriff.
Cam N. Seybert came, down this
morning from his home at Louis
ville for a visit with his numerous
friends in the city and to look after
some business matters. Cam is an
enthusiast for Ed Carr of Eagle for
the Democratic nomination for sher
iff and believes that if that gentle
man would consent to make the race
he would surely defeat Sheriff Quin
ton. He StateB that Mr. Carr Rtanrla
very high throughout the west end
and middle sections of the county,
and would be a tower of strength to
the ticket. Mr. Seybert deprecates
the talk of himself for this office and
states that his choice Is Mr. Carr.
However, he feels very confident that
the man whom the Democrats nom
inate, whether It be Carr or some one
else, will be elected, as the people
of the county are tired of the present
administration of the sheriff's office.
He considers tho outlook for the en
tire ticket of the Democrats is un
usually good this fall. Mr. Seybert
reports Louisville as booming and Is
a genuine Louisville boomer. . He re
turned home this afternoon on the
Schuyler train.
IlainMetonlan Horse for Hale. .
A throughbred Hamlbletonlan
Kentucky Whip horse for sale. Has
been tracked for .about two weeks,
and hns made 2:28, after a few
days of tracking. A picture and
pedigree of this horso may bo seen at
the Journal office, and should you
desire to see tho animal and test his
peed you may do so by calling at
the J. R. Vnllery farm near Mynard.
Call on James Sage, In the city oi
Plattsmouth, and he will drive yon to
tho Vallery farm.
6-28-U L. C. W. Murray.
I have several new tip-to-dato bug
Rles that I want to sell right away,
and I am going to cut the prices to
bed rock. In order to do so. Come
quick, while you can get one of
theso fine buggies at almost cost.
I menn Just what I say,
John II. Cook,
. Murray, Neb.
For Sale.
n. goon, wen improved seventy
acre farm, five miles southeast of
Murray. For particulars see
James Clialfant.
Alfalfa SocO.
. I have a number of bushels of
alfalfa seed for sale. Anyone wish
Ing samo will find It at my farm.
Z. W. Shrader.
I R ?i ! 1 1 " IB f
in itiiiieiivs. vvonn vase nu uu
cides for the Formeron Law
and Facts
Several days since the Journal
noted the decision of Judge Travis
in the case of Miller vs. Worth In
which ho set aplde a deed to cer
tain property in Murray and vici
nity and at that time it was an
nounced an effort would be made
to print as nearly as might be, the
finding of tho court. Tho case has
attracted a great deal of Interest
throughout tho county and Is one of
unusual Interest. Byron Clark ap
pearing as counsel for the plaintiff
who won the case while Matthew
Gering represented the defendant.
Judge Travis in deciding the caso
laid down several conclusions of
law which are of much importance
and interest. One of these Is that
In an action to set aside a deed on
the ground of undue influence.where
a confidential relation is found to
exist from' the evidence, the burden
of proof falls unon the defendant
in this case of Mrs. Worth to show
that the transaction was a fair one.
He also finds that a deed of gift
inter vivos, where the donee ov
cuples a confidential relation to the
donor, la presumed to be the result
of undue Influence. But this pre
sumption does not exist in the case
of a beneficiary under a will. Find
ing that Mrs. Miller had three wills
of practically the same Import he
holds the last to be In effect so far
as might be, as the deed sued upon
In this case Is set aside and made
void. He also holds that the mar
riage of Mrs. Young to Miller does
not revoke the will except that Mil
ler takes from Mrs. Miller a3 her
husband should he survive her, as
provided by the 1907 statute.
Judge Travis also found that Mrs.
Miller was capable of attending to
ordinary business and the case at
bar, was one where a stronger mind
dominated a weaker although there
was some evidence of deceit on the
part of Mrs. Worth. That Mrs.
Miller had had the advice of disin
terested parties in making the deed
should have been shown in ttie case
to repel the presumption of undue
Influence. He also draws a dis
tinction between the undue Influence
which will avoid a will and that
which avoids a deed, holding the
former must amount to fraud or
coercion while the latter may result
from the confidential relation of the
parties without fraud. To presume
undue Influence in setting aside a
deed does not presume fraud or
coercion or anyother act wrong In
Itself but simply a continuance of
the influence attaching to the con
fidential relation of the parties.
The official finding of the court
which comprise the Journal en
tries in the case are In substance as
follows:
That the action was Instituted by
John Murray, Jr., as the next friend
of Mary Miller, an alleged Incompe
tent, on August 4, 1908, and that
David J. Pitman has since been ap
pointed as guardian for Mrs. Miller,
and had qualified and was acting as
such. That prior to November 9.
Storm at Greenwood.
A special from Greenwood under
date of July 14, says: . II the grow
ing crops and nearly all tho fruit Is
believed to have been destroyed In a
largo territory northwest and south
east of hero by a severe hall storm
this evening. Tho hall stones were
largnr and did more damage than
tho destructive hall storm that vis
ited this community about two
years ago. A wind accompnnled tho
storm, but did no serious damage.
Tho ball storm approached Green
wood from tho northwest and lasted
for several minutes. Some of tho
hall stones wero exceedingly large
and many window panes were
broken.
The oats and com crop suffered
most. Farmers said tonight that tho
crops wero completely destroyed.
Weak Throat-Weak Lungs
Cold after cold; cough after cough! Troubled with this
taking-cold habit? Keller break it up. Wc have great
confidence in Aycr's Cherry Pectoral for this work. No
medicine like it for weak throats and weak lungs. Ask
your doctor for his opinion. He knows all about it.
His approval is valuable. Follow his advice at all times.
Noalcohol in this cough medicine. VCrAClirKl
',TVJ7P,"lMVveJB.U,ehm,,w- l''l.itwhrny..i.rcoldhn.tcomon. Wlut
U th best laxative for this? Ayrr'i I'llU. A.k your doctor bli opinion. Let him decide.
XL S" A
1905, Mary Miller was the owner of
eighty acres of land In Cass county,
near Murray, and lots four and five
In block 4 of the village of Murray,
all or the vuiue of $7, 000; that
Louis C. Todd occupies said land
as a tenant and the lotar-in Murray
are occupied by Mary Miller and her
husband as a home, she having mar
ried Chris Miller since November 9.
1905; that Jane Worth is a sister of
Mrs. Miller and lives at Pender,
Neb.; that Mary Miller was former
ly the wife of George W. Young and
la CO years of age, and her children
are Euna Murray, llattio Davis and
Ada Young. She also divorced her
husband, Geoe Vv. Young, prior to
her marriage with Chris Millerj
that she was in poor health and
sickly and weak mentally and phy
sically at the time she executed the
deed to the property in question to
her sister; that she had an Illusion
that her children by the marriage
with George W. Young are unfriend
ly to her, and o not care for her,
but for her property alone, but such,
delusion is not an insane one, ana
that on November 9, 1905, her sis
ter, Jane Worth, knew she possessed
such delusions and of her mental
and physical condition; that on said
date Jane Worth, accompanied by
an attorney from Tekamah, Neb.,
came to Murray and secured a deed
from her sister to property, in which
deed Mrs. Miller retained only a life
estate in the property and no consid
eration passed for said deed; that
when said deed was executed said
Mary Miller was under the influence
and control of said Jane Worth;
that Janes Worth is a woman of
strong and dominating will and
Mary Miller relied upon her for ad
vice, counsel and sympathy and
trusted her in all affairs; that con
fidential relations existed between
the parties; that Hattie Davl3 did
not testify against her mother In the
divorce case and that the children
are not unfriendly to her; that Mary
Miller did not have the benefit of
competent and independent advice
from any" disinterested third partly
and while at the time of the execu
tion of the deed she was weak in
mind and body, she was capable of
attending to ordinary business when
not dominated by a mind stronger
than her own, and that she was not
then and is not now Insane; that
Chris Miller, her husband, is a poor
man and at times works on the M.
P. railroad as a section band; that
ing a conveyance in fe of the land
and the lots was improvident and
unjust, and not such an act as a per
son occupying the relations of Jane
Worth to Mary Miller should have
permitted her to make.
In addition to the findings set
forth in the commencement of this
article, the court finds as a matter
of law that the deed should be set
aside because of undue influence ex
ercised by the defendant over the
grantor in the transaction.
It is almost certain that the case
will be appealed to the supreme
court for final adjudication.
Most of the wheat crop was In the
shock and was not badly damaged.
Fruit trees suffered greatly. Nearly
all the apple trees in the path of the
storm were stripped of their fruit.
IT"! . a. a-f-Jf
icicpnone lines were put out or
commission and reports from out
laying districts, visited by the storm
weer meager.
The storm mentioned above was
very extensive over the northwest
part of this county, running as far
east na South Bend, and destroying
property of Immense value. So far
as heard from no fatalities resulted.
Tho wheat which was uncut in the
fields Is In bad shapo and will be al
most a total loss, while growing
corn suffered very severely. The
storm also extended Into Saunders
and Sarpy counties and did much
damage there.
I
i