Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (Dec. 6, 1923)
Kebrasfca State Hi.ti cal Society Soucnal. VOL. NO. XXXIX. PLATTSHOTJTH. NEBRASKA, THURSDAY, DECEMBER 6, 1923. NO. 43 COUNTY ATTORNEY COLE HAS CASE DECIDED FOR M JUDGE F. W. BUTTON OF FEE MONT PRESIDING AT PRE LIMINARY HEARING. DEFENDANTS RAISE OBJECTION Plct Im Atatantt For the Trial of Issues ty Jury on Right of the Special Prosecutor. From Wednesday's PaMv This morning the old district court room, which has not for many a day been the scene of more than the usu al drab proceedings of a court of law, was filled to its capacity by a crowd that came from varied parts of the county expecting to hear the preliminary of the men indicted by the grand jury of Cass county last week, but who instead were treated to a series of long arguments on the demurrer and motion of abatements filed by counsel for the indicted men which to the novice and layman was decidedly uninteresting but which cn the cases will have an important bearing when the final ruling of Judge F. W. Button of Fremont, the presiding judge, is made. The array of talent on the side of the various defendants was quite no ticeable. Fred Wright and H. H. Kuppinger of Omaha and C. A. Rawls of tins city appearing for C. C. Parmele, indicted on two charges forgery and embezzlement; Wil liam A. Robertson of thw city and D. W. Livingston of Nebraska City for J. "W. Chilton charged with ob- . taining money under false pretenses. Mr. Rawls also appeared for County Attorney A. G. Cole, who is charged with malfeasance i. office, A. L. Tidd also appearing for Mr!" Cole, and as weH "William Grebe and Fred -A. Holmes, charged with malfeasance in office on one count with Mr. Cole, ni rwVnn two rhris nf Mult and Grebe on to cftarges or assault and battery and Holmes for usurp ing the duties of deputy state sheriff. Mr. Tidd also appeared for Sheriff C. D. Quinton. charged with protect ing violators of the liquor law and false staements as to his fees and re ports. A. C. Pancoast of Omaha ap peared for C. G. Fricke, former oec retary cf the Livingston Loan & Building association, charged with the loss of funds of that institution. Mr. Tidd also appeared for Mrs. Julia Kaufman, charged with violation of te liquor law. and Chief of Police Alvin Jones, charged with violation of the liquor law and perjury. D. O. Dwyer. special prosecutor, and V". T. Thomnsnn were prercnt for the state of Nebraska. ai tae opening 01 tne co in juuere Penley requested Judse Button to takp the bench and assume charge of the hecrir.e of the arguments on the pica of abatement made hy the various parties as well as the de murrer offered. -w. v.. .n.. 1 r. cilwue, A T . t K Trt ...... AV.-ACf.- tl Tl 1. tuuuij --H.1U1 iic-j uie, iuuiilcu iw - gether with Fred Holmes and w 11- ; liam Grebe on a charge of maltea- - - T- i. 1 . 1 7 T J I fau"; in iiu'-c u.iscu uu me ttiit-scu state v. r.en tne authorities cave tail taking of fifteen gallons of grape ed to locate the robbers, juice trom one John Lenz, presented The efnee of the Farmers' Pro- a. -C. lv vuoi "b"""' Mr. Cole, attacking the wording of a demurrer to tne cnarge against the indictment, which did not charge a wilful or corrupt act on the part of the defendant and that, the al leged act had been performed in his official j,oitlon as county attorney of Cass tounty and this demurrer was also arirued by A. L. Tidd. ore of the counsel for the defendant. This de r."urrer wes taken under advisement Py-Judtre Button until a later time. When the case of the State of N'e br&r.fca vs. J. V. Chilton was called Couatv Attorney Cole Ftated that D. O. Dvyer had not been appointed special prosecuting attorney and had no right to appear in the case. Mr. Dwyer stated that he had not had time to examine the pleading of thl3 defendant and would take it up lat er. J'.idge Button ruled as to the ob jection to Mr. Dwyer that for the present at least In this case he would allow him to represent the state. The case of C. G. Fricke was also passed until a later time as the an swer of the deefndant and plea of abatement had not been examined by the prosecution. The plea of abatement filed on Saturday bv A. L. Tidd for the de- fondants. Grebe and lioime-s was rod ar.cl in thi3 n'ea the defend arit3 attacked the rigth of Mr. Dwyer to appear in the case as special pros- ecutcr at this time and before the rand jury for the reason that at the time of the railing and the sitting of the grand jurv, A. G. Cole, elected county attornev of Cass county, had : hoon readv and willing to carry on prosecution of cases before the : l n that the law had stated that J - . . the only prosecutor to appear before ,1,0 erand jurv was the duly elected and qualified county attorney or tne county- For this reason ana on cbartre of prejudice made against Mr. Dwyer by the defendants - Mr. Tidd asked that -the Issues in the i plea of abatement be heard by a ! jury rather than the court. Judge Button stated that on the question of Mr. Dwyer having been appointed to appear as prosecutor be fore the grand jury wa3 rather for the court of law to determine than a jury. Mr. Tidd also conteded that the appointment of Mr. Dwyer as he prosecutor was not made in the manner as prescribed by law. The defendants also charged that the special prosecutor had made state ments relative to securing charges against the parties indicted. .Mr. Dwyer stated that he had been appointed by the presiding judge as prosecutor before the grand I jury and had been asked to continue to represent the prosecution in the preliminary hearings of the cases. The plea of abatement of the defend ants did not attack the jury making 5 'iSTL'St tne parties oi tne parties . . . and did not attack the parties drawing the indictments. He attacked the plea on the erounds that the Darties had 'waited unti lafter the judgment of me jury 10 oase intir auacKS. i n-I der this process, Mr. Dwyer stated, it would be impossible to secure any criminal prosecutions if the advance findings and the issues involved had to be tried before a jury and which would tie up all prosecution until the law would be made ineffective. Judge Button took the matter un der advisement until after the noon recess of the court. TO ESTABLISH FARMERS' PRO TECTIVE BUREAU Jas. Bnel of Omaha to Start Branch Here to Care For Protection cf Farms From Thieves. FrAm Wnl ncrla ve Tn iff.- Yesterday afternoon James Buel of Omaha, head of the Buel National Detective agncv was in the city making arrangements for the open'- ; in? of n hrnnrh nf hia comnanv here' that would extend the protection of the agency to the farmers of this cality. - - In conversation with a represen- tatlve of the Journal, Mr. Buel stated . ' , . tuiii. me new bjoiciu iuai lit; ei- v. vum. 1 1- aiucuu- ---- - . . - . tending over the eastern part of Ne- merit of 1923 did not go Into effect Hiss Baird. was at hi3 be?t in the braska will be known as the Farm- until August 3. One charge relating rendition of his solo, "Children of ers Protective Bureau and that the to liquor laws dates back to the year Men." He responded to an encore scope of the new branch that is af- J22 and the ether to last July, prior with another pleasing selection. The filiated with the Buel agency In Om- to tne date of the new law which eornet solo of Miss Hartley with Miss and Is for the purpose of protecting authorizes the governor to remove Pond at the piano was indeed a treat the farmers of the community from officers. It i3 alleged the governor to all music lovers and her encore the inroads of thieves that have in might act in the Qtiinton case if he "was equally well received, the past invaded their places and desires to do so under charges which The sneaker of the evening, C. A. stolen chickens and other articles allege the sheriff failed to enforce Rawls. wes next introduced and for from the farms and that have usually laws other than liquor laws. about cne-half an hour he explained escaped without being caught and Governor Bryan has been inform- r.oiae laws which he thought would caused a loss of no small amount to ed by an attorney that the 1223 be of interest to the club. He also the farmers of Cass county as well amendment to the Sackett law has answered numerous queries of a le as the adjoining territory as the re- switched that law about so that the gal nature and emphatically pointed suit cf the depredations. It is the governor can remove only officers out the necessity for less criticism plan of Mr. Buel. he states, to have who fail to enforce liquor lavs or and greater assumption of the duties I the branches established in south- laws relating to the theft of auto- and responsibilities of citiz -nship. I titdrn VohrfltlfH nt Tvstirn Trnrfl tnnhtlAc in thi. m.,nnpr choc the vi- , ; tations of the petty thieves around the farms of the community. j Mr. Buel has very successfully maintained an agency located in Om- - 1 aha and has been successful in re-! covering goods stolen from Cass ' . . . 1 ... . . county mercantile estaoiisnments ana . as Deen tne only one w .ho has suc-iby. the unwel- ceeded in running down come visitors over this part of the i , . . . ... . 1 tective Bureau will be established teciive t.ureau win oe esiaDIlsnea j- the frr;me building just west of ; the building of Edward Donat and Mr. Buel is expecting to have Alvin ; pending a'trial cf the suspended of Jone. the present chief of police, as j ficers in thc sunreRie conrt. the head of the bureau here and from .... tho ffio Wo Qn of ti.o ,..., -o.nl Governor Bryan asked for the pas- . .' be hcndled and when a robbery oc curs the agency will be on the Job to secure the arrest of the parties and the return of the stolen property. This i3 a new proposition and looks very good to the farmers as a means of protecting them from the depredations of persons on their farms. LADIES URGE THAT CONTRIBUTIONS COME Donations For Oak Hill Cemetery . Fnnd Now Needed and Friends t.re TJrged to Contribute. From Tuesday's Dally The special campaign that has been made by the committee of the Woman's club for donations to -the cemetery fund and to assist in the paving of the cemetery road and oth- er needed improvements, has now reached its height and the ladies are desirous of having all that can do so to make their contributions, This has been a labor of no mean e to reach all of the lot owners ana the ladies who have so unsel- fishly devoted their time to it cer- tfllntv rpflon'o tk wnrl1 nf frorl f t frr tainly reserve a world their work in the publi c cause. fLuwtits ior an occasions, fouea plants. Display at Mumm's Bakery. Phone lOS-'W. Henry Jasper.. ' ' " - n20-6td. GOVERNOR TAKES NO ACTION ON GRAND JURY PROBE GOVERNOR BRYAN STILL AT SEA ON COURSE TO PURSUE. AC CORDING TO REPORTS. REFERRED TO ATTY. GENERAL I". 1 II rti rin In L7 fn 1 M I "fttl T"t Tfn ATA ' Officials Would Continue to Hold Their Ofises. ; From TuesJ ay s Lal!y Governor Bryan ha3 taken no ac tion in the case of Sheriff C. D. Quin ton of Cass county and has not yet referred the matter to Attorney Gen eral Spillman. He said Monday he will ask for a legal opinion in re gard to the powers and duties of the governor under the 1923 amendment to the Sackett law. The governor finds that the in dictment sent to him from the Cass county grand jury does not ask him to remove the sheriff. It was trans mitted to him "in the interests of the administration of justice in Cass county." "An indictment does not justify me in removing an ofacer for failure to enforce laws," said the governor. "In such a case the governor must; furnish proof of the charge of failure ' to enforce law whether he acts un- der the old Sackett law or under the amended law. Removal from office under the new law must be followed by prosecution in court to sustain charges against an officer. Under lDe OIQ law tne Svernor na no pow- er to, rernove or appoint a successor, lutrlcl P"" lu unevi uusier tru- "s against au ourer. The governor finds that two cnarges m tne indictment against lo-,Quinton relate to alleged refusal to enforce liquor laws. The other charges relate to failure to enforce tner laws. The governor calls at- tantinn t t-.f,o. ,, t u.-. , . 1 ma uiiuiiiiaiiuii is lULUi reii, ui- cording to ether atorneys, who sav ,hat the 1923 amendment to the Co,kPtt law merlr mentions tho lio- Uur iaws and automobile laws for the uur ias uuu auiuiu: pUrp0ge Df giving a v1 under those iaws ttorneys appoint- equal power with ! tia attorney general when directed the c.overnor to institute prosecu- , tions, that the Sackett law as orig- ; inally passed relates to failure to en-j iorce any or an iaws wnicn 11 is tne , duty of an officer to enforce and the f T 1 V W V rt a w Tl " rmm n v tm f.w.tu. uj lu r.muuui- ,-iv ,ncnpnr1 an nffinor for fiilnro to VnforcJ ? w JZ j enforce any l2ws, and ha3 power temnrrjirilv to nnnnint hta Qtirpccnr "r.niro of tho Tvorlr nmomlmont to ihn Sackett law, which is now in ques tion, but he has not yet found it ad visable to enforce its provisions. DIES IN CALIFORNIA 1 Krom Tuesday's Daily The old friends of the W. G. Reef er family, former residents of this city, will be very sorry to hear of the sorrow that has come to them in the death of Charles Bennison. whos- wne was iormeriy anss xMyrtie Keet- er of this city. The death ' of Mr. southern portion cf Cass county and Bennison occurred at Los Angeles a is a young man h Id in the highest few days ago. he dropping dead esteem by a large circle of warm while he was waiting to take a street friends. car to his home in the suburbs of The bride is a member of one of Los Angeles. The cause of his the prominent families of Ports death is given as heart trouble and mouth, her father. Charles E. Wor the reports state that his death was ley, being a member of the board very sudden. The Bennison family of commissioners of Sciota county, are located just a short distance out Ohio, and well known over the south of the city of Los Angeles on a small ern portion of Ohio. irun acreage ana nave good pros pects thera of oil which will make their land very valuable. HAS WHIST SPRAINED From Tuesday's Dally P. A. McCrary of this city is wear ing his right arm in a sling as the result of an accident on Sunday whe- the family auto refused to re- spond to the efforts of Mr. McCrary and as he was out cranking the car it kicked back and while it did not break the wrist It was very badly sprained and will require some time before Mr. McCrary -will have th use of the arm. : ? COLE CASE IS DISMISSED This afternoon after the resumption of the court. Judge Button took up the matter of the demurrer in behalf of County Attorney A. G. Cole, filed by Mr. C. A. Rawls and the court sustain ed the motion of the defeuse and the indictment as iar as Mr. Cole is coucerned was closed and the case dismuss ed. This is the indictment ' in which Mr. Cole was charged jointly with Holmes and Grebe of malfeasance in office. In his decision. Judge Button stated that his sus taining of tho demurrer did not relieve Mr. Cole of the disqualification as to the trial of the cases that were coming before the court, and that the county attor ney would not at this time be permitted to try the cases that he had not been specifically assigned to by the court. 1ATTSMQUTK WOMAN'S CLUB HASMEETINI Members Enjoy Interesting Program at Public Library Anditorirm q Bawls Talks - From Tuesday's Daily A gocdly number c C1U0 mem- Ler3 assembler! last evening at the usual time and place. All of the of- fleers being present, reports w re given bv the secretary, corresoonding secretary and treasurer. Additional reports from the civic committee an 1 tne committee in cnarge 01 me oai:u and it was decided to hold anoth-c uae saie ju ueixrt? ci.nMm.s ana to postpone tneprrsoring or a movie until some time iir January. . - The program in charge of Mrs. C. a. nawis. was repieie wun interest, ppv u n Mcf-lns'rv aprnmran oH hv CASS COUNTY -YGUNG MAN WEDDED IN OHIO Ernest Krcpp of Neiiawka United in. Marriage to Miss Panline V7or- I tv at Portsmouth, 0. I From Tuesday's Daily Tho a n nnu neemf n has ieen re- . , ---- -- e.1Ved at fhawka by relatives and friends of the marriage cf Mr. Ern- est Kropp of that place to Miss Pauline Worley at Portsmouth. Ohio, the happy event occurring on Satur- day at the Worley liome in that city. The wedding is the outgrowth of a romance of several months stand ing and following the visit of Mrs. : Henry Kropp and her son back to ! Portsmouth the childhood home of Mrs. Kropp. and while there Mr. Kropp met the young lady that has since become his wife and from their friendship there sprang a closer af fection that has culminated in their marriage. The groom has grown to manhood m rsehawka and vicinity and is a POn of the late Henry Kropp, one of the well known residents of the The young people are expected to return home to Nehawka by the last of the week and will reside with the mother on the farm of the Kropp family. ASKS FOE DIVORCE A petition has ben filed In the of- fire of th clorV of tho HctrJpt pnnrt hv roH tinnrnp vs roh tt Pmma in which the nlai'mcr cv ihat ho be granted a decree of divorce . Euv V0Iir ink ...nrU. flt the 7 7 I 5 ,na PnCll . tfiC 1Jates torner -BOCi and Stationery Store. j FFShU 1 UnHftUL I ROBBED OF $135 I SATURDAY EVEN'I Ji. mrrr ? 140 L&Ul atfl l&in Xlium AXiX. X CASH REGISTER SHORTLY JL AFTE10 5 O'CLOCK . t PERPETRATOR OF CRIME LGGSE I Clues Kay Lead to Revealing ?e "f son Who So Skilfully Locted the Garage Office. From MonJay'f: Daily Saturday evening shortly after 5 o'clock. John Frady, -the proprietor of the garage at the corner of 7th and Vine streets, visited the office of the garage building to check up and fh c;n opening the McCaskc-y ca.-h reg i icr was Gtariuu to nna mat iao j that he had placed there a few hours earlier in the day was missing. I The office cf the garage is located in the southwest corner of the building, tho door opening off of Vine street and the register is locat ed about the center of the office and is also used as a desk for the tele phone. Mr. Frr-Iy states that he and his brother were engaged a part of the time in the repair shop, located at the north end of the building, which is some distance from the office, but that thev endeavored to keep an eve on the office as much as possible and tnnot figure out how the party or parties eculd get in and loot the re- girter without being seen by some- one either in the building or who might be passing along the street, just a few feet away and from which a clear view can be secured of the office. The police are working on the case and hope to run down tht party who was t successtu! in getting away with the hard 'earned "roll" of Mr. . rrady. CHIEF OF POLICE DENIES ALLEGED STATEMENTS IIt. Jones Claims He Did Not Make . Remarks Credited to Him in ! Interview With Bee. From M.nday"s Daily The Omaha Bee of yesterday had an article'deaiing with the recent in dictments that have been made by the grand jury and particularly con ttrning those which were . made cgainst Alvin Jon9s, who has been chief of police during the last year. Mr. Jone was a caller at the Jour nal office and reue-ted that he be given an opportunity of making a dcr.lal of a statement alleged to have been made by him on the Investiga tion of the grand jury. The state- ment alleged to have been made by'w n nr t ai involving T,m: Mr Jones was as follows "They say 1 haven't enforced the law while in olfice." the chief said. "I'll show 'em. If these farmers think they can come in here to talk over , my alleged shortcomings, I'll make them think again." This. Mr. Jones denies, and stated v.. uti,.Co, iui to the Journal that he had been farmer himself and did not have the least idea of how this statement had come to be printed. J. VA CHILTON MAKES HIS APPEARANCE Charged With Indictment of Obtain- ing Money Under False Pre tense and Files Bond. From Monday's Daily This morning, J. W. Chilton of ?ortn Platte. Nebraska, who was in dieted by the grand jury last week. with obtaining money under false pretenses, made his voluntary ap pearance at the office of the clerk of the district court and filed a bond for $1,000 for his appearance at the trial, the bond being accepted by Judge Begley and Mr. Chilton was allowed to go until the trial of his case. Saturday afternoon at 4:20 p. m., Carl G. Fricke arrived from Kelson. Nebraska, with Sheriff Quinton and made his appearance in the office of the clerk of the district court and was released on a bond of $2,500 for appearance for trial. , NEW GIRL ARRIVES From Monday's Daily ' Yesterday afternoon the home of. Mr. and Mrs. Louis Taylor was made m1,ch happier when a fine little daughter arrived to gladden with her presence the household. The mother and little one are doin? nicely and it is needless to say that Louis is feeling very proud over the fact of the new arrival. WILL HOLD DEMONSTRATION From Tuesday's Daily The Nebraska Gas and Electric company is announcing a very fine demonstration for Wednesday of all kinds of electrical appliances and at which time Mr. Hall, one of the saltsmen of prent experience, will be present to take charge of the work and give evervone a clear idea of the I usefulness of the many modern de- vices that rm-ke housekeeping elec tr.Vr.llv nn- nf ,ho mr.et labor a time saving steps of this day and age. Mr. Hall will have everything .that is handled by the company is handled by the company in; the way of home comforts in elec-! 'tries 1 appliances and every lady of' the city is urged ny Mr. c . J. i He len, the local manager, to call at the offices and sale3 rooms of the Nebraska Gas and Electric company 'and enjoy the demonstration. In addition there will In a special prize given the lady holding the lucky number and which will con sist cf a waffle iron and all those jv.ho attend will be given a chance on tne usetui gut. This is one chance to have a real I demonstration of electrical applianc es and one that everyone in the city should take the fullest advantage of. CITY SCHOOLS PREPARING TO HOLD A FINE EXHIBIT Industrial Art Exhibit to Show Work of All Departments From C Classes to High School, From Wednesday's Daily Prpnaratinnc aro now nnlpr u'nv for the holding of an industrial art exhibit at the Plattsmouth high 'school gym on "Wednesday, December 12, and which will be one -of the j most complete of its kind that has ever been attempted by the school, The exhibit will be very thorough and includes the work of the younger 'children in the primary and lower grades of the school up to the more advanced art and pen work in the seventh and eighth grades and the ... . . . . . . nign sciiool and also tne worn 01 me ! department of manual training in. the jhieh school. In this line of wor the young people have made great garded as the leader of the Johnson strides in the last few year3 and the forces in the convention. While Sen exhibit will be a real treat to the ator Sterling had never declared his general public as showing a part of presidential choice, he was in all what the young people are doing, quarters regarded as a Coolidge tup- The admission' to the exhibit will porter, be free and the public should come Charles A. Christopherson as rc and look it over and the different nominated for republican congress articles will be offered Tor sale to man frora the First district and Roy those who might care to purchase ai c. Johnson was renominated for them. j congressman from the Second dis- In addition to the art exhibit the trlct school will offer a musical program that will be up to the usual high standard of their offerings and f 1 ould be enjoyed by the general public to the utmost. Show your interest in the city schools by your attendance at the exhibit and entertainment. SHERIFF SELLS LAND Frnm Tuesday's Daily Yesterday morning. Sheriff Quin ton conducted the sale of the land in thf raw of William T. ?ovhol1t ve her of lots in the village of Avoca and as a result of the sale the prop erty was sold to Mr. Seyboldt for the sum of $1,181 and deed executed by the sheriff to the purchaser. United for Batter Service! If all the counties in America's forty eight states were independent nations, what mighty possibilities for good would be lost. Combined into one great nation, they retain libery of action in local matters, but become a source of strength and service to one another. To secure similar results, nearly 10,000 American banks are associated in the Federal Reserve System to promote the common wel fare. As a member of this organization, the First National Bank brings its advantages to you. The First national Bank THE SANK WHERE YOU FEEL. AT HOME PfJtfTSMOUTH JOHNSON IS REJECTED BY CONVENTION ncd i CALIFORNIA!? REATEN BY CO0L- IDGE IN SOUTH DAKOTA Z IN SOUTH DAK PROPOSING MEET. M'KASTER IS ALSO ENDORSED Seratcr Capper of Kansas Unani mously Endorsed For the Vice Presidency by Convention. Pierre. S. D., Dec. 4. President Calvin Coolidge tonight was given the majority nomination for the pres idential primary by the Sjuth Dakota proposal convention, winning over Senator Hiram Johnson of California by a vote of 50,379 to 27.340. Later, on a rising vote, the en dorsement was made unanimous for 1 Coolidge. Coolidge and Johnson ! were the only names before the con vention. Senator Arthur A. Capper of Kan- , pas was unanimously endorsed for vice president. ' A tumult of applause and prolong ed cheering greeted the annoirc- ment of the vote on the presidential poll. McMaster for Senate Gov. William II. McMaster won the majority senatorial enaor&emeni i,y a vote of 40,207 against 37.S27 for Senator Thomas Sterling, incumbent. Prior to the vote, the republican convention had approved" a platform plank endorsing Governor Mr-Master's state administration and ap provng bis gasoline price war. The McMaster endorsement, after the Coolidge selection, came as t great surprise to political observers McMaster, in declaring for the sena t J V.1I .1 J A ,1 w, , toriai race, nau puuwciy euuurueu m-s candidacy of Hiram Johnson for the presidency and was generally re- Representative William William son of Custer county was renominat ed from The Third district. All three congressmen are incumbents and were renominated without contest. A ilatform framed by suppi-rtcra o' William G. M.Adoo was unani mously approved today by thc demo crats of the state. Senator Robert LaFollette of Wis consin wns given the farmer-labor presidential endorsement by a vote of 31,999 against 7.247 for Henry Ford. Tom Ayres, chairman of the state central committee, won the sen atorial place by a large majority over Mark Bates, former leader in the nonpartisan league. Who's Kathleen? Watch! 1 Ft Ml 4 NEBEASKA