So plattemdutb onm VOL. XXXIII. PLATTSMOUTH, NEBRASKA, THURSDAY, OCTOSER 1, 1914. NO. 79. HANDS DD I OF CISIOII II WUN DERHCLM CASE Supreme Court in the Matter of Wanderholm vs. C. B. & Q. Railway Company. The -slate supreme mmi has handed down a !' is i ui in tin case of Wanderholm vs the C. I'. x- (J., in which it finds fir I lie de fendant and cvi'i'st's the case whicli was Iried here some two years ago. Mr. Wanderholni was employed at the j n i n i J i n station hy the Water company, and was killed hy a west hound Biulinglo'i train vvlijle lie was walking up the track on his way to work. The widow sued here and received a judgment from the jury before which the ease was tried for s.t. riio. The decision of the supreme court is as follows; I. If a railroad company fences its right of way through a small town and posts a conspicuous notice that the grounds so fenced are private and that it is danger ous to walk thereon and warning I reaspassei's lo keep out the fact that einp!oes of the company know that cerlain persons are in the liahit of going through the fence and walking along such right of way in going to and from their business, and that such em ployes of the company have never personally forbidden such custom, will not constitute an invitation to so list- the right of way ami the railroad tracks thereon. 'J. I'nder such circumstances the transaction of the business of the company in the ordinary way. or the running of a passenger train on substantially its schedule time along such righMoT way, or runninir such train from ; to 1 J minutes behind its regular time, or upon one of the two tracks upon such right of way generally used by trains runuiner in the opposite direction, will not constitute negligence on the part of t he company. In such case a person irointr through such fence and walking along the right of way assumes tlie risk of accident and under takes to aoid the danger he might incur from the" ordinary transaction of the company's business. 1. If the defendant's' engine struck Ho- plaintilV's deredent and caused his deal h, and the en gineer was so situated that he could not see the track before his I rain, so it became the duly of the tireman. when not otherwise en framed to keep a lookout for ob jects on the hack, it being a stormy day wiih snow Hurries in the ail-, and the engine emitting clouds of steam ami smoke, and there being no evidence as lo when or where the deceased went upon the track, the fact that the tireman did not see the dcceasM before he was si ruck by the en gine is not proof that be was neglecting his duty at the time, or thai, the defendant was guilty of negligence, which was Ihe proxi mate cause of Hie accident. r. The trial court correctly in structed the jury thai, there was no evidence that the defendants failed to sound the whistle or ring the bell and that "the railroad company had the right lo operate its westbound trains on its east bound track, and also jls cast bound trains on its westbound track if it saw til to do so." Death at County Farm. R. A. lfansiuan or Dovrak, a resident of the county farm west of this city, passed away there Saturday alter an illness' of some duration and was buried yesterday at the cemetery west of the city. He was a native of Bohemia where he was born July 2, i 8(52, and was taken to the farm the 10th of September to receive treatment. His former home was at Potfs ville, Pennsylvania. Relative Reported Very Low. 1 lie news has been received here by the relatives of the seri ous ilues of V. li. Mayes, at his home in Beatrice, and his condi tion has great ly alarmed the re latives and friends of this gentle man, lie has been sick for some time past, but only in the last ten days has his family fell, alarmed over the outlook. Miss Irene Jess and Fred Jess, sister and brother of Grs. Mayes departed yesterday afternoon lor that, place to be at Ihe bed side of their brother-in-law. Mr. Maes only recently re turned from a sojourn at a heallh resort, but which failed to give him relief. SHERIFF GONE AFTER TONY HUTCHISON WHO DE SERTED HIS FAMILY From Tuepoay's Iaily. ShcrilV Ouinlou departed this morning for Marysville. Missouri, where he had learned Tony Hutch ison, the man wanted here for wife desertion was under arrest. Hutchison was located at Hast ings. Iowa, last Saturday by the authorities and the sheriff made a trip oer to that place only to liml that the bird had llown ami gelling scent of the coming- of the sheritl" had gotten himself hence, and the hei ill" at once sent out the notice to be on the look out for Ihe man to the towns near lln-dings with the result that a response was received from Marysville where the man was placed under arrest. lie will be brought back here lo stand trial for his crime. It will be remem bered that Mrs. Hutchison died about two ' Wf ek"s ago at Weeping Water where she and her two children had been deserted by her husband, who skipped for parts unknown. The children were taen by the Nebraska Children's Home where they will be cared for. DEATH OF A FORMER SEATTLE, WASHINGTON Krom Tuesday's Ually. A letter was received in t he city yesterday by Frank Rauen an nouncing the sad news of the death of his sisler, Mrs. J. J. Iline at her home in Seattle, Washing Ion, on Wednesday, September J.'iitl. Mrs. Iline was formerly Miss Rosa Rauen and was a daughter of Mr. and Mrs. Peter Rauen, who for years were residents of this city. She was born in (!er many some sixty-live years ago, and came here when a young wo man with her parents who located in Plal t snioul h where the Iline family resided for a long period of years, removing in September, ltMis, to the Pacific coast, where they have since resided. The death of Mrs. Iline will be learned here wilh the greatest of regret by the many old friends who will extend to the bereaved family their deepest sympathy in their loss. The brother was much shocked wilh the news of the passing of the sister. The father ami mother of Mrs. Iline passed away in this city a number of years ago. Enjoy Fine Fishing Party. From Wednesday's Pally. Yesterday Mesdames Ward (Mark. Joe Wales, Ed. Weaver and P. Richards motored out to O dar Creek in Ihe Interstate ear of Fred MrCaulcy and enjoyed a most delightful time there in fish ing and a general gool time. A most, delightful lunch was served to add to the pleasures of the oc casion and the event was voted one of the greatest of pleasure. Attorney A. L. Tidd was among the passengers this morning for Lincoln where he was called to look after some matters of bus iness in that city for the day. DEATH OF IS. N. S, PIATT, AT W Mrs. N. S. Piatt, Former Resident of Plattsrriouth, Passes Away at Glenwood, Iowa. The following from the (Hen wood Tribune gives 'he particu lars of the death of Mrs. X. S. Pialt at, her home in that city on Wednesday nighl last. Mr. and Mrs. pialt resided in Plaltsinoulh for a number of years, and the friends here will learn wilh great regret of the death of this most estimable lady, and extend to the bereaved husband their deepest sympathy in this hour of grief: Mrs. X. S. Piatt oT (Kenwood died last Wednesday at her home on Locust street, south of Sharp. The funeral was held Friday a ft -eriioon from Ihe residence, con . dueled by Rev. Thompson of the Christ ian church. Mr. and Mrs. Pialt have lived in (ilenwood for twenty-live car. Fnlil the last few years their home was one door north of the cold storage house on Locust sheet. She was CiS years and 20 days old at the lime of her death, ami was horn in Auglaize county. Ohio Ihe youngest of a family of ix boys ami two girls. Iter maiden name was Catherine J. Campbell, and one brother slill survives her P. R. Campbell of Cawkrr City, Kas. She was married to Xalhan S. Pialt in 1ST:!. She had six broth ers in the civil war. Her husband survives her and also two sons !. A. Piall of Malvern and If. I'. Pialt of pacific Ju net ion. She uniled wilh Ihe Free Meth odist church at an early day in her life, and had tried lo be con sistent in her home, among her neighbors and in all her dealings with mankind. The pallbearers were five of her nephews and a grandson C. H. Campbell. J. W. Campbell. Berl Rager. W. E. Lewis, Fred Cling ersmilh and Nathan Sweet wood Among- those from a distance present al the funeral were John Wenl of Missouri Valley i'a son-in-law' and his son. Charles, and daughter. Mrs. Pearl Reed: Xa lhan Sweetwood and Wilda Filer of Omaha (grandchildren " ; Henry Campbell or Hie Bluffs, and Fred Clingersinil h of Ihe Bluffs. Mr. Piall will probably sell his home soon and make his home with his children. LAST BASE GALL GAME DF SEASON BETWEEN RED SOX AND AVOCA, SUNDAY On next Sunday the fast Avoca baseball team will be here to stage with the Red Sox the last baseball game of the season, and the event will, prove one' of the best of 'the season, as the visit ors are "some" ball team, and during; their appearance here in the tournament displayed splendid form. The Avoca team also while here made a big hit with the resi dents of this cily, as they are a bunch of gentlemen as well as good, fast ball players, and it is a pleasure to witness a game in whicli they take part. The Sox will all be on hand to go up against the visitors and will do their utmost to finish with a win one of the best seasons the ball team here has held. The fans of the city should turn out to bid the ball team farewell for the sea son of 1914 and assist them in winning- the game with the Avo caites. Try tho Journal for calling cards. Will Take Up School Duties The board of education has been notified by Miss Anna Daniels that she will he able to take her work as science teacher in the city schools on next Mon day for the first lime this term. Miss lianiels has been forced to remain at her home in Stanton, .Nebraska, for the pa.-t ten weeks by the falal illness of her brother, who. was overcome by the heal there and who passe, away al Slanlon last week. Miss Kathryn Windham has been acting- as the ieacher in the absence of Miss I lan ie!s. P.O ULU Dli STACK RUNS ONTO SEV ERAL CANNON BALLS The firm of J. II. McMaken has been very busy the past few days in wrecking Ihe old smoke slack on the Hotel Riley as well as plac ing Ihe new slack in position both of which were quite dillicull jobs and required considerable work and skill on the pari of the men doing the work. Mr. McMaken has also been engaged in some im provements at the K. S. hall in the west pari of the cit, they are do ing some excaating for a base ment thai will be pul in there by the soeie'.v as their present hall is altogether too small for the large membership of I lie organ ization and Ihe basement will go ijuile a ways in providing for the accomodation of those who belong lo this thriving society. While en gaged in excavating' at this place Mr. McMaken ran onto whal he thinks is several old cannon balls used in I be arlillevy of an early day, bul just how Ifiev came to be found at that plate is a m.vstery that is hard lo under stand. If would appear Ih-il an old cistern or well formerly existed where the balls were found and I hey were probably thrown there to prevent lilelil being- used at some time iii Ihe distant pass. They ary in size from live to three inches and are prized very much by Mr. McMaken who will add them to his collection of re lics. Reorganize Missionary Society. A meeling of the Presb I e r ia n ladies was called al the home of Mrs. .. M. Rob. its Friday after noon for Ihe purpose of organiz ing a missionary society. II was decided lo reorganize the old society which dales back lo Ihe year IX7l. This was done, there being'- 1 1 members and the following- ollicers were elected for Ihe ensuing year: Mrs. II. (i. Mc- Clusky president, Mrs. J. M. Roberts, vice-president, Mrs. C. L. Rumlsl rom. secretary, Mrs. I . C. Morg-an, treasurer. Miss Carrie Ha i rd secretary of Literature. It was. also, decided thai the society shall hold its meetings on the last Monday of the month and ili.it the program shall begin at 2::;o and close promptly at i. 11 was agreed that as a rule, refresh ments would not be served, only on occasion of some special meel ing. The cojirse of study for the vear lies in Ihe hands of the pro gram commit lee. Miss Arnold and Mrs. Farley will be submitted to the of the society at the next meeting-. The executive committee met at the close of Ihe session and appoinled the standing conunit lees, giving each member some thing; lo do. The new society will be immediately enrolh'd in Ihe Pi-esbylerial and Synndical socie ties, to which it is auxiliary and every effort will be made to keep Ihe organization in line wilh the higher organizations in method of work and efficiency. Card of Thanks. We desire to extend our most sincere thanks to our many kind neighbors and friends for their kindly assistance and words of sympathy and for the beautiful floral offerings during- the illness and death of our beloved mother. Mrs. A. L. IIutTer. Mrs. W. E. HulTer. Mrs. B. P. White. Al GOPID AGAIN GETS IN work Miss Lcttio Wundcrlich and Mr Clayton Rosencrans United in the Holy Bonds of Wediock. Ye-lerdav afternoon at .'J:.'0 at Ihe recloiv of SI. Luke's church in Ibis cily, occurred the weddin of Miss Lottie Wundcrlich of Xe hawka and Mr. Ciavtou A. Rosen crans sf this cily. The wedding was a very unite one owing to il Iness in the family of the groom. The service used was the inipres sive Episcopal ring service and was performed by the rector with all the beauty of the church. Fol lowing the ceremony the young people motored to Omaha where Ihev made a short isj and re luming home will stall to Imusi keeping in the home already pre pared by Ihe groom for his bride on Chicago avenue. Both of these young- people are very popular, and well known throughout the county where they have made their homes during Ihejr lifetime, and the news of their marriage comes most pleas antly lo their hosts of friends. The bride is Ihe daughter of Mr. and Mrs. John Wundcrlich of Xe hawka. near which locality sh ims been reared to womanhood and where she has been engaged as a member of Ihe leaching force of the comity schools there. She is a young lady of more than the usual charm-..uf. .personality and Mr. Rosencrans is to lie con gratulated on securing such a charming- helpmate. The groom is the oldest son of Mr. and Mrs. W. E. Rosencrans of this cilv where for the pal few ears he has been engaged in the ownership of a barber shop and has been unit forlunafe in his business venlures. To the newly weds the best wishe- of their friends for a long and happy married life will be extend ed. BE OBSERVED AS A DAY OF PRAYER Sunday, October 5th is Ihe day set apart by president Wilson for Ihe purpose of calling this nation to devote itself in prayer for peace among the warring nations. It has been arranged by the Pro testant churches of Ihe cily, to conduct services on that day in Ihe interest of prayer to Cod, that he might so influence the minds of the warring nations, to bring a speedy termination of the war. This call is a direct plea to every person who believes in the ef ficacy of prayer, to nni'e his ef forls in a prayer fur peace. Prayer is our only means of soliciting Cod's power to our aid, when our own efforts have proven futile and powerless. America has slood as a nation thai loves peace more than war. She has proved to the world that she does not care for power. America stands for al Iruism. Now that we have set a day apart to pray for these nations, goes to prove our sin cerity in desiring national friend ship rather than strife and hat red. Let, us prove ourselves loyal Americans and believers in Cod, by an united effort in prayer Oct. ilh by being in al tendance at service on that day. Signed : Rev. W. S. Letle. Rev. A. C. Hollowell. Rev. F. M. Drul iner. Rev. II. . McClusky Rev. F. M. Druliner and wife were among the passengers this morning- for the metropolis, where they will spend t lie day visiting there wilh their son Tracy at the hospital. Former Plattsmouth Boy Here. John Sherman, a son of C. W Sherman, a former publisher of the Plaltsinoulh Journal, arrive in the city this morning; for i short visit here with his oh friends and. in looking over tin old home where he was reared to ma nhood. Mr. Sherman has been locat ed in New York, bul is now en route to Los Angeles, Cal., where he expects to reside in the futur lie will visit wilh his father at his home in Oregon while enrotile l Cal i I'oiu ia. and will endeavor t persuade Ilia! gentleman to go wilh him lo Los Angeles lo live in the future. It has been ipiite. a number of vears since Mr. Sher man was here ami he notes a great manv changes lor the better in the cily and its surroundings. GEORGE EVERETT, INJURED DY GAS PLANT EXPLOSION, SLIGHTLY IMPROVING From Wednesday's Dally. The latest reports from the bed side of (ieorge Everelt who yas so severely injured Sunday by the explosion of the gas plant at his farm home southeast of Union indicates that he is slight ly bet ter although his injuries are fright ful and lie is still in a very dangerous condition. Just what caused Ihe accident will probably never be known as neither Mi Everett or his brother have any knowledge of anything around the establishment that might cause such an explosion of the gas. Mr. Everett has a brokekn wrist and leg as well as having the right hand broken and cuts and gashes over his .Jace.. The b'.st. of. medical assistance is being- given him, and it is Imped that he may be able to recover from the ef fects of the frightful accident but even if that is possible it. will be months and months before., he is able o be around to any, ex tent. The accident has cast a pro found gloom over the enlirt locality where Mr. Everett has re sided for vears and his friends are anxiously awaiting Ihe out come of the accident. A Pleasant Day. Last Sundav after al lending services at the M. E. church in Mvnard, the relatives, and friends, gathered at the home of Mrs. Martha Weteiikamp, where the if'lernoou was spent in general conversation, as well as having lfii I y of good things to eat. Those present were; A. A. Weteiikamp and family: Roy Howard and family; M. E. Wiles ind familv of Weeping Wafer; W. S. Weteiikamp and family: Arthur Wiles and family of Weeping Water: (Irandina (iibberson, of Weeping- Water; Mrs. W. T. Richardson and Mrs. Rev. C. A. Randell. A LARGE KODAK ENLARGE MENT AT WEYRICH 8 HAO RABA'S DRUG STORE One of the largest kodak en largements ever shown in this cily is on exhibition at the store of Weyrich & Hadraba, the local epresentatives of the Easlman company. It is a picture entitled, (irandinolher looking over some of the kodak pictures long ago. I he enlargement is ".-8x38 and is a most beautiful piece of work, absolutely without a Haw and shows the posibilities that can be secured from the enlarging of pictures taken by the kodak. It is certainly a work of art and has xl traded a great deal of attention from everyone along; the street. It is the center of a window display of the machine turned out by the Eastman company, of which Wey rich & Hadraba have disposed of a great many. Wedding stationery at the Journal office. FINE MEETING AT THE PRESBY TERIAN CHURCH Dr. Charles Herron of Omaha, Dn livers Splendid Address to the Christian Endeavor Society. One of the most interest ing meetings that has been held in Ihe hislorv of Hie Christian Endeavor society of the I'l esbv I eria u church in this cily was held last evening at the parlors of the church. The affair was mof, delightful in every way ami one th.il will l.e long remembered niM-.t pleasant l. onie two weeks ago the society, held a contest which they were divided into two classes to try and see winch could secure the laruesf attendance and the losers were to give the winners a bampiel. The fact that there were so manv of the members to be looked alter de cided the society to make it a general festival meeting in which both the winners and the losers would assist in the arrangements and as a result they had Ihe pb ant meeting last eveninu. The chief attraction of the even ing was the address delivered by I r. Charles Herron of the Omaha Theological seminary who was in Europe at tlie time of Ihe outbreak of the re.tt war on that continent. He had gone there on some bibb similes ami was m s.vi er ami al the time of the starling id" hostili ties between Cermany and Trance. but for sever al days were unaware that war had been declared. He stated in his address that Ihe first, intimation he had of a stale of war was when handbills were dis tributed throughout tin- part of Switzerland where he was slop ping in which the reserves of that country were railed to arms to protect their borders from in vasion from the warrimr nations. As soon as he found out Ihe facts he attempted to secure transpor tation to the coast, hut the rail roads of the country were all in use by the grov eminent, and it. was several days lieloie he was able to reach Constance, from where he finally managed to reach Paris which was stirred by the war news and tilled wilh Ameri- ins attempt imr t reach their homes in Ibis country. The French were fortifying the town against Ihe Cermans and aeroplanes were ouslnnllv living over the city to ward oil an attack by hostile air- hiiis. lie was finally able to reach Ihe coast from where he secured tassage on one of the French deamers for America. On the trip ver he found that the capacity of the boat was crowded, and every pace used to care for the Americans who were anxious to find safety in their native land. At the close of the interest im; address the members of the oriely and their friends were crved with a very delicious two nurse luncheon that was most thoroughly enjoyed and brought o a close a most interest ing even ing, and one tilled with great ph-a- ure and from the remarks of Lie peaker the audience received a lear insight into tin conditions xisting- in Europe at the present inie. Dr. Herron returned Ibis morning to Omaha after being an ver night guest al the home of Rev. II. (i. McClusky and family. H. M. Soennichsen's Piano Contest The following are the winners in the piano contest conducted by H. M. Soeiinichsen, ami which arne to a successful close last night: 1st Prize Miss Crelchen Pein, Segerstron Piano. 2nd Prize Christian church, iano certificate. 3rd Prize Miss Mabel Ledge- way, Piano certificate. 4th Prize Miss Vergie Camp bell, Piano certificate. 5th Prize Miss Bessip Wiles, Piano certificate. The Journal ads pay.