The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, January 10, 1910, Image 1

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    Neb. State Historical Soo.
be
moutb Journal.
. SEMI-WEEKLY EDITION- FOUR PAGES
VOLUME XXIX
PLATTSMOUTII, NEBRASKA. MO N DA V JAXUAKV 10. IJHO
JStO :$
ptette
SETTLEMENT AGREED UPON III
IHE GERARD ESTATE CASE
Son of Silas V. Gerard by His First Marriage is Given Share of
the Estate By the Other Beneficiaries Undei the Will.
The final act In the litigation In the
matter of the estate of Silas V. Ger
ard, has apparently been played, aa a
hearing In county court was held this
morning and the purported will of
the deceased was allowed and the
widow appointed as executrix of the
will. The special administrator of the
estate, Troy Davis of Omaha, waa
present at the hearing as well as the
second wife of the deceased, and her
daughter Miss Rossie Gerard. Their
counsel, Clarence Tefft of Weeping
Water, and A. L. Tldd of this city,
were also present.
. It will be recalled that some time
back when the purported will was of
fered for probato, objections were
made to allowing it by the first will
and a son by her, the objections alleg
ing undue influence on the part of
the second wife and daughter, and
also that the will was drawn by the
latter who also was a witness to the
signature of her father. The Investi
gations made into the case by counsel
for the first wife and the son disclosed
that an Illegal divorce had been grant
ed to the wife In Omaha some years
back, the court Issuing the decree
being without jurisdiction In the
premises. This discovery , was made
by Messrs. Byron Clark of this city
and S. O. Saulsbury of Lincoln, at
torneys for the first wife and son. As
the first wife had been married since
the gra'ntlng of the void decree, It
JOHN G. RODDY
One of the Best Known and
Most Prosperous Farmers in
Otoe County.
John Cormac Roddy, one of the
best known, wealthiest and most pop
ular farmers living in the eastern por
tion of Otoe county, died' last night at
his home in Wyoming precinct, a
short distance north of this city. His
demise was not unexpected as he had
been suffering for some time from
heart trouble and several times he
had been reported as dead. He was
one of the few who have had the
pleasure of reading their own obitu
ary notices.
Mr. Roddy was bcrn In the county
of Westfeath, Ireland, in February,
1831, where he lived until he was 20
years of age. On leaving Ireland he
went to London, Canada, where he
lived until 1856, when ho moved to
Wisconsin, remalnlngthereuntll 1862,
when he came to Otoe county, locat
ing a short distance north of this
city. August 15, 1866, he was mar
ried In this city to Miss Rose O'Don
nell. To them were born nine child
ren, of whom six are now living
Mrs. Thomas Haefey of this city,
James Roddy of Union, Mrs. Elma
' Witherow of Thursman, John B. Rod
dy of Union, Mrs. Will J. Shanahan
of South Omaha and Mlcheal Roddy,
who is at home. He was a brother of
Hon. Patrick Roddy.
Mr. Roddy for several years fol
lowed the river, being on the steam
er "West Wind," from 1862 to 1864,
which In the fall of 1864, transported
troops to Jefferson City, Mo., and was
ompelled to fight confederates at var
ious places. October 16, 1864, the
boat was destroyed by the troops of
the rebel generals, Shelby and Clark.
The prisoners, however, were not con
fined, and later were abandoned by
their captors, who were attacked and
dispersed by union troops.
Financially, Mr. Roddy has been
very successful, and he owns many
acres of land in this and adjoining
counties. He was a loyal member of
the Catholic church, and when there
was a request for a contribution he
always responded liberally.
The funeral will be held Saturday
morning at 10:30 o'clock at St.
Mary's Catholic church, and the In
terment will be at the Catholic ceme
tery north of the city. Nebraska
City News.
Will Schneider of Cedar Creek Is
among those In the city today look
ing after business matters.
PASSES
was thought best to have another
ceremony performed after the death
of Gerard to validate in so far as pos
sible the previous marriage. This
was done at Lincoln. After the dis
covery of the void divorce, steps were
instituted by counsel for all the part
ies to settle the projected litigation
and the special administrator, Troy
Davis, a few days ago succeeded In
making an agreement with Mr. Clark,
counsel for the first wife and Bon, by
which the objections to the allowance
of the will were withdrawn and a
handsome amount paid to the son.
The first wife did not desire any
money for herself but she did want
the son, who had been cut off with
one dollar in the will, allowed a sub
stantial amount and this was done.
While there Is nothing on fllo to Indi
cate the amount paid him, it is re
ported that several thousand dollars
was paid over by the rainder of
the beneficiaries under the will.
The fortunate outcome of the
threatened litigation reflects much
credit upon all parties concerned as
well as their counsel, all steps pos
sible being taken to avoid any waste
ful and extravfigant litigation. Messrs
Saulsbury and Clark who have here
tofore represented the son by the first
marriage, have now withdrawn all ob
jectlons to the administration of the
estate and the same will now takes
its regular course.
Surprise M. W. A. Band.
Last evening occurred the regular
weekly practice of the M. W. A. band
at their room on west Main street at
the usual hour. At the same time a
large number of young ladies met at
the post office and at an appointed
hour wended their way out west Main
street to the building where the boys
were practicing. Bombarding the
building, they then requested admit
tance. At first the boys hesitated
somewhat butflnallyconcluded the-in-
vaders would do them no harm and
permitted them to enter. To say the
boys were surprised would be putting
it mild for they were completely
surprised as their suspicions had not
been aroused in the least.
The boys soon recovered and pro
ceeded to entertain the invaders and
soon made them feel at home. They
then gave one of their fine concerts,
which was highly appreciated as well
as thoroughly enjoyed by the invad
era.
The invaders had come well armed
with baskets containing many good
things to .eat and at an appropriate
hour, an elegant luncheon was pro
vided and to which all did ample jus
tice.
A few hours more of marrkmaklng,
frolic and the like and the invaders
withdrew their forces, reporting the
boys royal entertainers.
In District Court.
A case has been filed In the office
of Clerk of the Court James Robert
son this morning entitled Vesta Clark
vs. the Bankers Accident company of
Des Moines, la. The case is brought
on a policy of accident insurance Is
sued October 28, 1909, to Charles G.
Clark, then a resident of Falrbury,
Neb. The policy was paid for on that
date but has never been delivered ac
cording to the petition. On the suc
ceeding day Mr. Clark who was the
Insured, fell from a teTephone pole In
Falrbury and sustained fatal Injuries.
ThoN policy was to have been made
payable to Vesta Clark, his wife, and
Is In the sum of $1,500. The plaintiff
alleges that payment on the policy
has been refused and the company
also refuses to deliver the same to
her. Judgment In the sura of $1,500
Is asked for as well as Interest. Mat
thew Goring appears as counsel for
the plaintiff.
Foot Injured.
Albert Reinbackel this morning
sustained a severe injury to his foot
by reason of a Jack being overturned
upon it. He was unable to continue
at his work at the shops and was
compelled to go home where he will
be confinod to the house for eight or
ten days. The foot was painfully
bruised but no bones were broken
which Is quite fortunate.
DEATH CLAIMS
W
Mrs. Caroline Finney, For a Half
Century a Resident of Cass
County Passes Away.
Died Finney. Mrs. Caroline, at her
nome in Fiattsmouth, Nebraska,
on Friday, January 7, 1910, aged
79 years. Funeral on Sunday, Jan
uary 9, 1910, from the Methodist
church, at 2:30 p. m., leaving the
home on Lincoln avenue at 2
o'clock p. m. Interment at Oak
Hill cemetery.
After an illness lasting but a few
days, Mrs. Caroline Finney for more
than half a century a resident of this
vicinity, sank Into rest this morning
at nine o'clock. Death ensued at the
home of the aged lady on Lincoln
avenue. Having been a resident of
this vicinity for bo many years
"Grandma" Finney as she was so well
know, had a great many friends who
will hear of her passing away with
the most sincere regret. In her life
time she was a most lovable woman
and one who had left a distinct Im
pression upon all who met her.
The deceased was born in Hull,
England, somewhere In the neighbor
hood of eighty years ago, the exact
date not being obtainable. She was
united In marriage in that country to
a Mr. Turner who preceded her to
the Better World shortly after they
had emigrated to this country. When
Mr. and Mrs. Turner came to America
they settled first near Glenwood, la.,
where they lived for several years,
later moving to old St. Mary's above
the mouth of the Platte river. Here
they lived for some time, the old
town finally going into the' Missouri
river and no trace of it being left.
After the death of her first hus
band, Mrs. Turner became housekeep
er for Peter A. Sarpy, the Nebraska
pioneer and one of the frontier char
acters of early days. There are a
number of older residents here who
remember the. deceased when she
was Mr. Sarpy's housekeeper.
Later Mrs. Turner .entered Into
matrimony for the second time, her
husband being Capt. Finney, a well
known pioneer riverman, who al
so passed away a number of years
ago. This marriage took place at
Council Blues, la. Of the first mar
riage with Mr. Turner two children
were born, they being Philip Turner,
a son, who has since died, and Mrs.
Sherwood, a daughter now living in
the state of Washington.
The secona marriage with Capt.
Finney resulted In three children be
ing born, they being Frank Finney,
a son, who has also passed to his
final reward, Mrs. Turner, a daughter
living In Omaha and Mrs. Charles M.
Foster of this city.
Of late years Mrs. Finney made
her home with her daughter, Mrs.
Foster for some time until the latter
moved from the house they were oc
cupying and Albert Stokes and fam
ily moving In with whom she con
tinued to reside.
The funeral of this well known
and estimable lady will take place on
ext Sunday, January 9, 1910, at 2:30
p. m., from the Methodist church, the
services being conducted by Rev. W.
L. Austin. The remains will leave the
home on Llnroln avenue at 2 o'rlock
p. m., and interment will take place
In Oak Hill cemetery.
Elect Officers.
The annual meeting of the stock
holders of the Plattsmouth State bank
was held last evening when the fol
lowing officers were chosen for the
ensuing year, to-wlt:
President W. H. Newell.
Vive President J. P. Falter.
Cashier J. M. Roberts.
Directors W. II. Newell, J: H.
Becker, John Albert, J. P. Falter, S.
It. Atwood, L. B. Egenberger, F Q.
Frlcke, J. M. Roberts.
In addition to electing the officers,
the directors also declared the usual
dividend and transacted other mat
ters of importance.
IIan(lmuiely Entertained.
The social workers of the Metho
dist church were delightfully enter
tained fyesterday afternoon by Miss
May Rlchey at her beautiful home on
Chicago avenue. There was quite a
large attendance and all present re
ported a fine meeting. In addition
to the usual features of the meet
ing of thla society, Miss Rlchey had
prepared and served some very fine
refreshments and the entire afternoon
was such as will be long remembered
by all.
Unintentional Mistake.
In Wednesday's Journal appeared
an article referring to the case of the
State eX rtl Nlltlpr VS Pnttnmnn 1
wherein an inadvertent injury was
done A. N. Sullivan, counsel for Mr.
Butler. Mr. Sullivan states that he
had full authority from Mr. Butler to
conduct the suit for him and holds
writing to that effect. This state
ment Is made as publicly as the origi
nal statement and is unquestionably
iruo. The injustice was quite unin
tentional. OF
Who Passed Away This Morning
at Her Home in This City.
Died Clifford, Mrs. Stphen, at her
home in Plattstnouth, Nebraska, on
Friday. January 7, 1910, of hip
fracture, aged 80 years. Funeral on
Monday, January 10, 1910, at 9
o'clock a. m. from St. John's
Catholic church, Itev. Father M. S.
Shine officiating. Interment in the
Catholic cemetery.
After several weeks of suffering
from a fractured hip sustained In a
fall, death at an early hour this
morning ended the sufferings of Mrs.
Stephen Clifford, one of the long
time residents of this city, and a lady
most highly respected and admired
by all who knew her. Mrs. Clifford
was the relict of the late Stephen
Clifford, one of the city's best men in
his lifetime, and former police Judge.
The lady leaves surviving her three
sons and one daughter, who have the
deepest sympathy of many sorrowing
friends.
Deceased was born in County Ker
ry. Ireland, eighty years ago, and it
was there that she met and wed
Stephen Clifford. Later they emigrat
ed to America, settling in this city a
number of years ago and residing
here continuously until death called
them both to their final rest. Of the
unloU with Mr. Clifford, five children
were born, of whom four survive, a
daughter, Mrs. John Fitzpatrlck, hav
ing died a number of years ago. Those
surviving include three sons, Thomas
now living in California, and Owen
and Thaddeus S., of this city and one
aughter, Miss Jo. Clifford of this city.
The funeral of this most excellent
lady will take place next Monday,
January 10, 1910, at 9 o'clock a. m.,
from St. John's Catholic church, of
which deceased was a most devout
communicant. The services will be
conducted by Rev. Father Shine, and
interment will take place at the
Catholic cemetery Just west of the
city.
Funeral of C. J. Cutler.
The following brief Bketch of the
life of the late Charles J. Cutler,
many years ago a well know citizen
of this count, is taken from the Har
rison county (la.) News a copy of
which has been handed the Journal
by William Gllmour, a brother-in-law
of the deceased. Mr. Cutler In his
lifetime was well known among the
pioneers of this locality, all of whom
heard of his passing with the deepest
regret:
"Charles J. Cutler died at the fam
ily home in Modale, la., January 3,
1910, aged 67 years.
"Deceased was born In Crawford
county, Penn., April 10, 1842. He
came west to Rock Bluffs, Neb., in
the spring 1857. He later engaged In
freighting across the plains between
Omaha and Denver with ox teams.
In 1862 he volunteered for Bervlce
In the civil war in Company H of the
2nd Nebraska cavalry and In the
south saw valiant service. In the fall
of 1863, he married Miss Susan C.
Towner of Rock Bluffs, Nob. To this
union six children were born, two
dying In Infancy. In March 1866, the
family located In Council Bluffs and
in the fall moved up to Modale, which
has since been their home. For forty
four years deceased was one of the
prominent men of the county as mer
chant, mayor, express agent, post
master, G. A. R. commander, Mason
and Odd Fellow. Ho was a man of
quiet tastes, home-loving disposition
and strong in his personal friend
ships, lie will be sincerely mourned
by all who ever knew him. The fun
eral services were hold from the
home In Modale this morning and in
terment In Calhoun this afternoon."
J. W. Edmunds and wife drove up
from Murray this morning to look
after some business matters. Mr. Ed
munds says the route he traversed the
sleighing was as fine as be ever saw
In this country.
STEPHEN CLIFFORD
DEATH OE All
D
Mrs. Mary Shepherd Died at the
Advanced Age of Ninety
Years at Nehawka.
At the very ripe old age of 90
years, 8 months and 6 days, Mrs.
Mary Shepherd, better known to peo
ple of the community as "Grandma
Shepherd," passed peacefully away
Sunday, January 2, 1910, at the home
or her daughter, Mrs. Charles Snydor,
after an Illness of seven weeks.
Grandma Shepherd was in usual
health until a few weeks ago when a
bruise terminated in a severe case of
blood poisoning which caused her
death.
The funeral was held Tuesday at
2 p. m., at the U. B. church, Rev. C.
A. Burdick officiating. She was laid
to rest in the Mt. Tleasant cemetery.
On account of weather conditions
and drifts of snow it was found that ;
the road to the cemetery was next to i
impossible. The fences were taken i
down and the teams finally made I
their way to within a short distance I
of the cemetery but could go no farth
er. The casket was carried over the
fences to the grave.
Mary Green Shepherd was born
April 26, 1819, in York State, San
Lake Mountains. She was married In
1847 to Mr. Amos Shepherd at Mill
Grove N. Y., but returned to Penn
sylvania with her husband to live.
To this union were born two child
ren; Mary andvMahala, the former
of which died at the age of 12 years.
j In 1871, the family came to Nebras
ka and settled at Elmwood, where
jthey lived for many years.
J In 1877, Mr. Shepherd died at the
ncn of 88 veam. Rlvtfipn vprn Infer
( . .vw.
Mrs. Shepherd moved to Nehawka,
where she has Blnce resided.
For about eight year Mrs. Shep
herd made her home with her grand
Bon, Charles Burton, and for the past
j eight years Bhe has lived with her
Elect Officers.
The Christian Endeavors of the
Presbyterian church met with Miss
Ruth Chapman last evening.
At a short business session the
following officers were elected: Miss
Carrie Grenwald, president; Miss Car
rie Balrd, vice president; Miss Ruth
Chapman, secretary; Miss Mattlo Lar
on, treasurer, and MIhs Estelle Balrd,
pianist.
There being no further business
to be transacted, the endeavorers
agreed to adjourn their business ses
sion and spend the remaining hour
or two In a social way.
Paper and pencils was then distri
buted and each requested to draw a
map of Borne country and place there
in a few of the principal rivers,
mountains and cities. When the maps
were completed, they were collected
and placed on a table. Paper and
pencils were again distributed and
each endeavorer requested to guess
the countries the mapB represented
and the one guessing the most to
receive a prize. Miss Alice Johnston
succeeded in guessing the most cor
rectly, and carried off the coveted
"prize."
A story was then read and the
endeavorers requested to fill in blanks
with names of states In their ab
breviated form.
Light refreshments were then serv
ed and at the usual hour and after
thanking Miss Ruth for her kind
hospitality, the young people dis
persed, Indebted to the hostess for
the delightful evening Bpent.
Not Doing Very Well.
Homer Shrader and . Mrs. Jennlo
Rhoden from near Murray, were In
tho city this morning, being on
their way to Omaha where they will
make a visit with Mrs. Shrader at the
Clarkson hospital. Mrs. Shrader was
taken to the hospital several weeks
ago suffering severely from an affec
tion of the eye. It was thought that
she was getting along In good shape
but unexpected complications have
set in and Bhe is not doing as well
as hoped for. It Is possible that a
delicate operation may be necessary
for her relief, although her many
friends throughout this section trust
this may not be nocesBary.
J. M. Molslnger, one of the best of
Cass county cltizenB, Is In the city
today looking after business matters,
having come down from his home In
Eight Mllo Grove precinct.
Will IhsUU Telephones.
The state railroad commission yes
terday issued an order against the
Mlsourl Pacific railroad company to
Install a telephone of the Fiatts
mouth Telephone company In its ol
fices at Murray and Nehawka, before
January 21 or by January 25 show
cause why this has not been done.
This assures the patrons of those of
fices good service and will accord
pome means of learning how the
trains on that line are running.
ST. LUKE'S
At the Home of Mrs. James H.
Donnelly During Their Reg
ular Practice Night.
The members of St. Luke's choir
last evening 'were most pleasantly
surprised when they attended the us
ual regular choir practice at Mrs.
James H. Donnelly's. Instead of hav
ing merely practice the members of
the choir found when they had as
sembled that they were really to ho
entertained by Mrs. Donnelly and
Mrs. Anna Britt. The gathering was
much more largely In the nature ot
a social entertainment than practice
and It was a very delightful affair.
Immediately following the short
routine business of the gathering, tbo
choir resolved itself Into an lnfprmal
discussion of their individual views on
how to keep up Interest in the choir
and how to stir the members into at
tending practice and the regular ser
vices at the church. The discussion
resulted In many excellent Ideas be
ing expressed and also In largely pro
moting good feeling among them
selves. Each individual ot the choir
expressed his or her views on the
subject and all united In expressing
their belief In the necessity for keep
ing constantly. at work. This choir
Is a volunteerer one and Is one of
the best in this section. Under the
leadership of Prof. Austin, it hus
made amazing progress and the mem
bers are realizing that they are get
ting something very valuable in his
training.
In addition to tho discussion there
was a pleasant evening of music, both
Instrumental and vocal and a number
of very excellent numbers were rend-
red. For the occasion Mesdames Don
nelly and Britt had prepared some
splendid refreshments and this serv
ed to cause a number of the members
to insist that they hold these meet
ings regular and have their charming
hostesses manage the affair exclusive
ly. A vote of the members dis
closed an unanimous deslro to have
this happen and the hostesses were
given a vote of thanks and appre
ciation for their surprise to the mem
bers present.
At the County Judge's Office.
In the county court this morning
a hearing Is being had before Judge
Beeson on a contested claim of Wal
ter Thacker'B against the estate of
D. A. Thacker deceased. The hearing
will take up the major part of the
day. D. O. Dwyer appears as counsel
for the estate while J. E. Douglass
represents Thacker.
A marriage license was issued yes
terday by the county Judge to Frank
II. Brust of Otoe county and Miss
Irene Thomas of Weeping Water. The
ages of the parties are given as 19
and 18 respectively, the father of lbe
groom filing his consent to the union
In writing.
MIsb Gertrude Beoson is engaged In
compiling a report f tho business
done In the county Judge's office dur
ing the two years in which Judge Bfce
son has occupied the position. It fri
quite a task and keeps the young lady
quite busy.
A ptltlon was filed In county court
this morning by D. K. Barr, the Oman
attorney, asking for the probate 6f
the will of the late Johanna G. Coke
man, of Greenwood. Mr. Barr was In
the city accompanied by Harvey D.
Coleman, the petttloner and Nlles D.
Coleman, both of Grcenwod. The pe
tition sets forth that the deceased left
property valued at $7,110 and person
al property worth $30 with the fol
lowing hcirB, towit: Harry E. Co
man, aged 42 of Greet wood; Helen K.
Lemon, aged 40 of Greenwood; Haf
vey D. Coleman, aged 38 of Green
wood; Mary Warren, aged 86 6t
Coquelln, Ore.; Ebendzer Coleman
need 33 of Jenntnen. Knn nn1 VI Um
Ell
'-' - CJ I -',
O. Coleman, of Greenwood.