mice
The Most Unique Trial in the An
nals of Cass County, Where
a Preacher Brought
All to Tears.
Almost a quarter of a century
ago .a noted ami somewhat famous
lawsuit was tried at Louisville,
Neb. The high and leading char
acters of plaint ill' and defendant
t reated general and widespread
interest. At that lime Louisville
was among the leading cities of
Cass county. It had a pottery,
fashioned after that of East
Liverpool, 0., and was manu
facturing as tine earthenware as
could he made in any part of the
west. In fact, some experts pro
nounced some of its wares su
perior to any manufactured at
the Ohio plant. Louisville also
had many business houses that
were doing a most lucrative busi
ness. Among these were Fox &
Glover, Selh F. Rockwell, M.
1 Peterson, Boose & Co., general
merchandise; Walter Cutforth,
hardware. There were a number
of other stores and also saloons.
But at that time the place had no
church organization and no build
ing of any denomination in which
to worship. As if by chance, the
famous chaplain, Itev. Benjamin
F. DifTenbacher dropped in on
Louisville, lie delivered his in
itial sermon. It captured the
Presbyterian, the Methodist, the
Baptist, the Catholic and all other
denominations, including atheists
and agnostics.
It did not seem so much be
cause of his masterly sermon, but
because of his matchless prayer
to the throne of grace. The
prayer seemed irresistible. It
seemed to catch everybody, in
cluding the most pronounced
atheists. A church organization
was soon effected. It was the
"First Congregational church of
Louisville, Neb.," and included
the best men and women of that
place. Every one who believed in
"doing unto others as they would
have others do unto them" was
taken into full church fellowship.
The membership became large
and a church edifice was neces
sary for a place of worship. Sub
scriptions were liberally given and
a large sum raised for the pur
pose of erecting the "first church
building in Louisville." In addi
tion, a handsome sum was sub
scribed for Rev. DifTenbacher if
he would remove from Nebraska
City, Neb., where he and his esti
mable family were then residing,
and become Louisvillians. For a
number of months Mr. DifTen
bacher and his estimable wiTe had
been in the habit of driving over
land from Nebraska Cily lo Louis
ville, where, about every two
weeks, the former would preach,
either in the school house or at
private houses.
Trouble In the Sky.
While on these trips to Louis
ville it. was necessary for I he
preacher, his wife and team to be
taken care of by some friends in
Louisville, and these friends at
that time were universal at that
place. Among these friends were
Mr. and Mrs. Walter Cut forth, one
of the best and foremost families
of that place, and whose hospi
tality was one of their most dis
tinguishing charaelerisl ies. Mr.
and Mrs. Cutforth were not mem
bers of the new chinch organiza
tion, but were earnest and sincere
friends in the upbuilding and ad
vancement of that religion which
; elevates and ennobles Christian
civilization. Their hospitality was
free to any and all denominations
who had this general Christian!
object in view. It was for this
reason that their hospitable home
was open to Rev. and Mrs. DiT
fenbueher, who had, on many oc
casions, partaken of their hos
pitality. But a crisis Anally came.
The new church edillee was Hear
ing completion. Disensioiis had
arisen in the church organization.
One member, for many years a
pronounced inlldel, had attempted
to resign from the church, but
was informed that lie could no
more resign from a church or
ganization nor voluntarily with
draw I herefrom than he could re
sign and withdraw from the tor
ments of hades, should it pet too
hot, in case lie were sentenced to
that world of torment.
His resignation was not accept
ed, hut the writer is informed that
s this would-be resigner yet lives in
the enjoyment of excellent health
and is still a member of "the
o
OF Li Si Lit
First Congregational church of
Louisville."
The great interest in basing a
church building and a resident
pastor in Louisville had, mouths
previously, induced Mr. and Mrs.
Diffcnacher to leave their com
fortable home at Nebraska City
and to locate at the former place.
They were bona tide citizens of
Louisville, ami as such became
I lie foremost cit izens of the town
and did much toward the elevation
of the place, morally, spiritually,
financially and socially. But an
other crisis came there were a
number of delinquents lo the
preacher's salary.
A numlier who had subscribed
j had overlooked the matter of pay
ment several hundred dollars
were in arrears. Among these
delinquents' was the pastor's old
friend, Walter Cutforth, who died
a number of years ago at Louis
ville. The church trouble had
tended to "disorganize," rather
than reorganize." At that time
both pastor and laymen were in a
lighting mood. The preacher
wanted his salary and was entitled
lo it. He had earned it by hard
work and Louisville pro A ted by
and from his work. Cutforth had,
by his subscription, agreed to pay
$10 per year toward the preacher's
salary.
The subscription had been run
ning nearly two years and only
about $2.50 paid there was about
$18 due. DiiTenbaeher threatened
suit before John Chase, esq., of
Weeping Water, then justice of
the peace, and a member of the
Congregational church at that
place.
Old Friend Sues Pastor.
An extended correspondence
passed between the two belliger
ents, some of which was on postal
cards, concerning the matter in
dispute. Cutforth threatened to
convert the chaplain into an un
recognizable mass-of degenerate
alleged Christianity. The chap
lain, with equal vigor, said unto
Cutforth, "pay unto me as ye
would have others pay their just
bills unto you." The crisis was
Anally reached, through J. C.
Newberry, esq., then a leading at
torney of Louisville, Cutforth
commenced a civil suit against
the chaplain.
The basis of Cutforth's claim
was unique and could only And
lodgement in the brain of such an
energetic and progressive attorney
as Newberry. It was based upon
what was supposed to be the
interchangeable civilities of mod
ern, Christian life, although a
great deviation from some of the
customs which prevailed among
the primeval races.
Cutforth's suit was based upon
the value of board and lodging for
the chaplain, his wife and team
during the time DifTenbacher
traveled from Nebraska City to
Louisville, as an itinerant preach
er, to preach to the repentant and
unrepentant of that village. As
a matter of pure Christian and
common brotherly love, the chap
lain and his most estimable wife
had slopped with Cutforth and
wife during these visits, partak
ing of the well known hospitality
of the latter. This included
board and lodging for man, wife
and team of ponies. Lawyer New
berry had pondered long over the
matter, and Anally concluded that
Cutforth and wife could not, in
law, "give something for noth
ing," and therefore had a good
cause for action against the
preacher for board, lodging, etc.
Accordingly he commenced suit
before (ieorue C. ('leghorn, esq.,
then justice of I he peace of Louis
ville, for for hoard ami
lodging due from the chaplain to
CulTorlh. The case was com
menced in July, 1ST1.), and the
cause called for trial in the new
Congregal ional church building at
that place, then only partly con
structed, during as hid a day as
ever favored vegetable growth in
Nebraska. The new church build
ing was jammed with men and
women. For miles out. in the
country men and women had come
to hear the most celebrated case
ever tried in Cass county, if not
in Nebraska. There were partisans
on each side. In fact, public
sentiment was about equally
divided.
DifTenbacher, as an answer and
set-off lo Cutforth's claim, Arst,
denied liability for the board
bill; second, claimed that Cutforth
owed him on subscript ion to sal
ary lo the sum of $18. Plaintiff
Cut forth and his attorney had be
come distrustful of Judge Cleg
horn and demanded a jury. The
court granted the request and a
jury, composed of Ave of the best
men in Cass county, was Anally
selected. This jury was com
posed of Ben Ward, foreman; A.
Sherman, F. Stohlnian, Thomas
Urwin and James O. McClain,
tried to the Ave by agreement. On
a hot August morning the case
was called for trial by Justice
Clcghnrn. It was supposed that
Attorney Newberry would alone
represent the plaintiff and "Basil
S. Ramsey, late judge of the Sec
ond judicial district, would rep
resent the defendant preacher.
But when the case was called
for trial, to the amazement and
consternation of defendant and
his attorney, Hon. James F. Mor
rison, then one of (be leading at
torneys of Platlsmouth, walked
into the court room ichurch
edifice! as one of plaintiff's coun
sel. With the coming: of Morri
son it looked like a black Friday
for the preacher, his counsel and
all of his friends, for Morrison
was known throughout the county
and stale as one of the most suc
cessful advocates at the bar. The
case, however, was Anally called
by Justice Cleghorn, who, by the
way, was one of the most con
scientious judges that ever sat on
the bench.
Has to Fight to Pray In Court.
Chaplain DilTenbacher, the de
fendant, interrupted the erstwhile
proceedings of an ordinary court.
He insisted on opening court with
prayer. In an instant Cutforth's
lawyers were up in arms, object
ing to such an unheard of pro
ceeding. Morrison protested that
he never knew prayers to be offer
ed in a court of justice, that they
were only tolerated and allowed at
the family altar, the church, the
communion, at funerals and at
the conversion of sinners that
he, especially, had never commit
ted any sin and had no need of
prayer. Newberry followed in the
same strain and urged upon the
court that it was useless and
nonsensical to give "something
for nothing." Ramsey, on the
part of the defendant, urged that
the proper thing to do was for the
defendant, although a preacher,
to open court with prayer. He
cited the example of the supreme
court of the Fniled Slates where
in court was always opened by the
most solemn invocation.
The court Anally ruled on the
matter of prayer. DifTenbacher
was allowed to beseech the throne
of grace. He prayed as no other
preacher can pray. He prayed for
everybody, especially for all
parlies concerned in the litigation
before the court. An especial in
vocation was uttered on behalf of
the plaintiff and his attorneys
the attorney from Plattsnioulh re
ceiving an especial plea for mercy
and forbearance for his many
sins, and especially for the one
he was about to commit. This
prayer was characteristic. It
came from the heart and went to
the heart. There was scarcely a
dry eye in that great audience
when the prayer was concluded.
Even the attorneys for the plain
tiff were visibly affected. New
berry had broken down long be
fore the Anal "amen," and seem
ed to weep most bitterly while
sealed directly in front, of the
pastor. Morrison had, with most
remarkable nerve, preserved his
urbanity and statu quo until the
pastor invoked divine guidance
upon the Platlsmouth bar and
especially upon those who left
that city to try to defeat an honest
claim of a faithful Louisville
preacher. R was then Morrison
seemed to collapse; but his won-
derlul nerve bore him up and he
escaped with a few contrite tears.
The jury was duly impaneled.
Newberry opened the case for th
planum, insisting mat mere was
no law that would warrant and
jiisiuy planum giving poard,
lodging, etc., lo defendant for
nolhing; thai if such were the
law il would establish Ihe prin
ciple of "giving something for
nothing." i
Ramsey slated the defendant's
side, insisting that plaintiff hail
received not only a good, bill
most aluahle consideration for
the board and lodging. Plaintiff
and wife bad invited defendant
and wife lo visit and lodge at the
former's hospitable home, and
the lalter had repeatedly accepted
such invitations. Defendant had
sacrificed given his time and
more or less labor connected
I herewith. Moreover, defendant
and wife had contributed of their
social amenities of personal
friendship, of their high Chris
tian education, as well as of
their advanced scholarly attain
ments for the benefit of plaintiff
and his family in the tatter's
home.
All these constituted, as coun
sel for the defendant claimed,
not alone a good, but a most
valuable consideration for the
hoard and lodging. The case was
Anally put on trial to the court
and jury. Two days were con
sumed in taking testimony and
argument to the jury.
The church building was Ailed
lo overflowing with women and
men during both days. After the
testimony was closed and New
berry had made Ihe opening argu
ment to the jury, DifTenbacher im
sisted on addressing the court
and jury in his own behalf. Then
heated controversy, arose between
opposing counsel. Plaintiff's
counsel strongly insisted that as
defendant was no lawyer and had
taken no part in the examination
of witnesses he therefore had no
right as a matter of law to ad
dress the jury. The defendant's
counsel as strong urged that de
fendant in no case was barred the
right to speak in his own behalf.
The court overruled the objection
and DitVenbacher was allowed to
address the jury. His address
was made in a most beautiful
phraeoog-y; no words of censure
or abuse of anybody. Kind words
were spoken of plaintiff, his wife
and lawyers, and in fact every
body. Preacher Moves the Jury.
No apology, argument nor ex
cuse was made for himself. The
merits of the case before the jury
were not discussed at all. But as
a beautiful word painting on a
high plane of mortality and
Christian excellence that address
was perhaps never excelled on the
rostrum, in the pulpit and cer
tainly never in a justice of the
peace court in Nebraska. Ram
sey followed, making the main
argument for defendant, after
which Morrison closed for plain
tiff in iridescent flashlights of
forensic eloquence. His address
was masterful and the pyro
technical invective against that
awlul prayer with which court
was opened, threw Dante's In
ferno info the shade. The case
was Anally - in Ihe hands of the
five jurymen. The jury deliber
ated long and carefullv over the
peculiar issues presented in the
case. Mnallv it seems this bodv
resolved itself into a sort of arbi
trating peacemaker. They report
ed an agreement and were direct
ed lo report to Ihe court. They
tiled into the improvised court
room names were called by the
court and all were present. Ben
Ward, the foreman, arose to hand
to the court the verdict. The
court read the verdict, and when
heard by the big audience every
body was surprised in fact as
tonished duinfounded. The
verdict, was a regular "double
header." Each parly was award
ed a verdict for $10 and each to
pay his own costs.
Exceptions were promptly taken
by defendant to entering judg
ment on such a verdict. Excep
tions were overruled. Defendant
alleged error and promptly filed
his petition in error in the dis
trict court at Platlsmouth, pray
ing fora,-reversaL. This petition
was heard by Judge Stephen B.
Pound, then presiding judge of
the Second judicial district. It
only required a short time for
thai able jurist to decide that
such a "double-header" verdict
could not stand in his court, and
the case was promptly reversed
and set down for trial denovo in
the district court.
The time for trial approached
and was soon to be called. De
fendant had been a lighter from
childhood. He had served the
union cause during the civil war.
lie had fought the establishment
of a southern confederacy with
signal bravery, and for years had
fought a more grievous and in
veterate enemy of mankind that
of sin. He was ready for a re
trial of the board bills. But
plaint ill' as well as his attorneys
had collapsed. They could not
lace a trial in the district court,
where a most conscientious and
able jurist would lay down the
law. Plaint ill' made overtures for
settlement and Anally capitulated
in laci, surreiulereii ny paying
Chaplain Dill'enbaclier's salary
Hue on subscription ami all losses
in Ihe case, which amounted to a
very large sum. Willi such a
record in a justice's court in
Cass county, Nebraska, it is not
surprising that Chaplain DiiTen
baeher uttered that famous prayer
in the Nebraska house of rep
resentatives some years ago, for
the repose of the soul of Senator
Taylor.
The above report of the famous
Louisville lawsuit is taken from
the Omaha oWrld-Herald of date
May 22, IDOi.
Walter Cutforth, the plaintiff,
and Chaplain DifTenbacher, the
defendant, have been dead for a
number of years, but I heir widows
still survive. Mrs. Cutforth si
resides in Louisville, Neb., and
Mrs. DifTenbacher resides in
Omaha.
Pleasant Callers.
J. W. and. fS. A. Murdock of the
vicinity of Nehawka, drove to this
city this morning to attend to
some business matters. While
here J. W. Murdock called at this
ofllce for Ihe purpose of renewing
his subscription to this paper,
and (1. A. Murdock lo have his
name enrolled on our large Semi
Weekly list, which we were more
than pleased to do.
C.
this
they
E. Kirby and wife departed
morning for Omaha, where
will spend the day.
WORK Oil 1
RIFLE RANGE
Some 250 Soldiers Expected to
Arrive This Afternon to
Start Work.
The work on the ritle range is
lo start today, when a large body
oT men from Fort Crook will be
gin the work of clearing off the
land and placing several large
wells there for the use of the
soldiers who will be assembled
there for practice later on. Next
week it is understood a very
large number of men will be sent
here and the work will be pushed
along rapidly.
This certainly sounds good to
the citizens of Plattsinouth, as it
means that a great many strang
ers will be in this city more or
less during the next few months,
and w e should try and show I hem
what a real live town looks like.
It is estimated that about 250 men
will compose the first party and
these will be added to later on
from various forts in this section
of the country. Now we should
start improving the road that
leads to the range before the cold
weather starts in.
REV. ALLEN G. WILSON
RECTOR ST. LUKE'S CHURCH
Comes Highly Recommended by
Both Bishop Williams and the
Bishop of Salina, Kansas.
The vestery of St. Luke's
church of this city some lime ago
extended a call to the Rev. Allan
!. Wilson to Ihe rectorship of the
church, and have just received an
acceptance of the same. Rev.
Wilson comes to this cily most
highly recommended, both by the
bishop of Salina, Kansas, and
Bishop Williams of this diocese.
He comes here from the mission
ary field in Kansas.
ine llev. Allan (i. Hson is a
native of New York stale and was
born at Poughkeepsie-on-Hud
son, receiving his early education
in private schools of that city,
and after becoming a candidate
for holy orders, continued his
studies at the Kansas Theological
school, St. Andrew's Divinity
school and llobart college. Rev,
Mr. Wilson in the past has served
as curate at SI. John's church,
Milwaukee; St. Paul's Pro-Cath
edral, Springfield, Illinois; city
missionary of SpringAeld and
secretary to the bishop, and is at
present general missionary of
Ihe northwestern Kansas counties-diocese
of Salina.
The new rector has had large
experience in institutional work
of various kinds in Ihe church
and without, and is considered a
strong preacher by those who
know him.
Will Speak at Park Friday.
I am a missionary of Hie Re
organized Church of Latter Day
Saints, sometimes called Iowa
Missouri Latter Day Saints, to
distinguish Ihem from the people
in I t air. w ho have a similar name,
but more commonly called "Mor
mons." Our publishing house
and headquarters are located in
Lamoni, Iowa, and Independence,
Mo. 1 will deliver a lecture in
Ihe cily park on Friday evening,
which will be of a historical na
ture, showing Ihe origin, develop
ment and faith of the church as
organized in 1830, and special at
tention will be paid to those who
left the church at Nanvoo, III., in
1H40, under Ihe leadership of
Brighatn Young, and went lo the
neighborhood of what is now
Council Bluffs, and organized a
new church, giving it Hie same
name as Ihe church organized in
1830. We want our fellow citizens
to know the difference between
our people and those of Utah, of
whom the federal and stale courts
have said are deserters, seceders
and apostates from the Arst
church bearing the name of Lat
ter Day Saints.
Elder Edward Rannie,
Independence, Mo.
Home From the Golden State.
Mrs. C. C. Wcscntt and son,
Mason, who have been enjoying n
visit of two months with relatives
at Los Angeles, San Francisco and
other PaeiAc coast points, return
ed last evening on No. 2. Mr.
Wescolt and Alice Louise met the
travelers in Omaha and returned
with Ihem.
BEGINS TO-DAY
The Murdoch Estate Large.
Petition for the appointment of
an administrator in the estate, of
the late John Murdoch of near
Nehawka was tiled in the county
court yesterday. The estate is
quite a large one, the personal
property amounting to some $10,
ooo, while the real estate has a
rental value of $500 per annum.
The petition asks for the ap
appointment of John W.. Murdoch
as administrator of Ihe estate.
Selected as a Delegate to Inter
national Cigar Makers' Con
vention at Baltimore.
Saturday afternoon Mike Ba-
jeck of this city departs for Oma
ha, lroin which point he will go
over ttie Rock Islam rai road to
Baltimore, Maryland, to attend
the convention of the Interna
tional Cigar Makers' union. This
convention of the union is the
first I hey have held for sixteen
years, and consequently they will
have to take action on many mat
ters of vital importance to the
cigar making trade, among which
will be establishing a Cigar Mak
ers' home, which will probably be
located in the west, and in that
event we hope Mr. Bajeck will be
able o secure the home for
Plattsinouth.
In the selection of Mr. Bajeck,
Ihe cily is highly honored, as only
Ihree delegates will go from this
stale one from Omaha, one from
Lincoln and our fellow citizen.
Mr. Bajeck will represent two
local unions in Ihe convention.
No, 351 of Mankalo, Minn., and
No. 27(5 of Plattsinouth.
The convention will lie com
posed of -400 delegates, represent
ing 50,000 members and 480 local
unions, ami is one of the greatest
gatherings of organized labor
that has been held in recent years.
It is the expectation that the
convention will have to remain in
session for at least three weeks,
owing to the great amount of
business to bo transacted. At
the last session it required eigh
teen days to complete the work,
and this time it will be even
greater.
Mr. Bajeck will make an able
and worthy representative of the
cigar makers at the convention,
as he has been a courageous de
fender of the union principles,
and os a workman does not pos
sess a peer. Ho has been a mem
ber of the union for twenly-six
years, having joined when only
17 years of age, and is one of the
youngest members in age, but
among the veterans in years of
service in the union's ranks. Mr.
Bajeck learned his trade in this
city, in the factory of Matt
Schlagel, finishing up in the
factory of Oeorge Slainm. He
then worked in various factories
throughout, Ihe west, returning to
this cily in 181)3, where he lias
since remained, lie was for Ihree
years foreman of Ihe Pepperberg'
cigar factory here, and al the
present lime is employed in the
factory of Ptak it Bajeck, the
manufacturers of the Acorn
cigars. Mr. Bajeck has been serv
ing as secretary of Ihe local union
for Ihe past four years.
MRS. EDNA MOCKENHAUPT
SUBMITTED TO OPERATION
The many friends of the Tighe
family in this cily were greatly
shocked Ibis morning to learn
that Mrs. Edna Mockenhaupt,
daughter of Mr. and Mrs. John
Tighe of Manley, had been taken
lo Omaha yesterday, where she
underwent a very serious opera
tion al one of the hospitals there.
At the time the result was ap
parently successful and it is to
be hoped Mrs. Mockenhaupt will
recover from the operation nnd
soon be able lo return lo tier
home, where hosts of anxious
friends await her.
Dance at T. J. Sokol Hall.
There will be a social dance
given Saturday evening, Septem
ber 21, at the T. J. Sokol hall.
Music will be furnished by t lit M.
W. A. orchestra ami a good timo
is assured to all who attend. The
public is cordially invited to at
tend. The M. W. A. orchestra leaves
tomorrow for Weeping Water,
where they will furnish the music
for Ihe semi-monthly dance at
the Philpol hall in that city.
lit BAJEOK
0FTH1SC TYVERY
HIGHLY HO ORED