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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (Jan. 1, 1925)
-1 TT-T 7. - ilistcri- -V VOL. NO. XL. PLATTSMOUTH. NEBRASKA, THURSDAY, JANUARY 1, 1925. NO. 95 to 1 PARMELE CASE IS DISMISSED BY SUPREME COURT COURT HOLDS THAT EVIDENCE WAS NOT SUFFICIENT TO WAR RANT VERDICT OF GUILTY. CHARGED WITH EMBEZZLEMENT Appeal From the Verdict of Cass County Jury Brings Release for Former Capitalist. From Tuesday's Dally The state supreme court late j-es-terday afternoon released their opin ion in the ease of the State of Ne braska V3 Charles C. Parmele, appeal ed from Cass county, reversing the decision of the lower court against Mr. Parmele and dismissing action. The court in its syllabus of the opinion holds that the evidence pro duced in the trial in the district court here last February was in sufficient to warrant the verdict of guilty that was reached in the case in which Mr. Parmele was charged with embezzelment of a note of 11,500. This case is now wiped off the slate by the action of the supreme court and will not have to be re tried in the court here. It involved the matter of a note for 11.500, which was signed by Luke L. Wiles, and given to the defendant, Charles C Parmele, to be delivered to Mrs. Daisy Douglass of this city to apply on an Indebtedness that was owed by Wiles on a note. The state in its case contended that Mr. Parmele had not applied the note to its original purpose, in that it had not been endorsed by Mrs. Douglass as applying on a payment on the Wiles note and that this failure to give Wiles credit was an embezzelment of the note and which was the verdict of the jury in the case. The defense had contended that "iir. ParmfcTo tlTd Miltd 1u good TaTTCT in the matter and had taken the note to Mrs. Douglass to be applied on the mirchase of a mortgage by Mrs. Douglass in which she was investing - $3,500 in money and the $1,500 note,' tr nnrrhP Mip mnrttraee in Question known as the Lathan mortgage. " Mrs. Douglass had neglected or failed to give Mr. Wiles credit on his note to her and in this way the charge was made against Mr. Parmele. Later the Latham mortgage was purchased and Mr. Wiles was given ; his money for the value of the note when the mortgage was settled, re- on the settlement of the errors that reiving back the $1,500 and the in- were claimed to have been found in terest for the same, which protected nj8 records. At that time a settle him in the matter and on this the ment was made by the officers of the defense contended that there had . association with the secretary, giv bcen no unlawful act committed by jn? njm a vindication of any wrong Mr. Parmele. but merely the neglect doing in connection with the hand of Mrs. Douglass to properly endorse unfr cf tne books of the association the note as had been the original an( Btating that as far as he was -.hiect rf the transaction. "M he" appeal to the supreme bv,Mr. Hrmele was represented tit .'.orney Fred A. Wright or. flj -and W. A.' Robertson of this J ' while the state was represented H. A. Dcrt, assistant attorney acral. STRANGER RECEIVES FINE From Tuesday s Dally ; secretary of the Livingston associs . Yesterday afternoon Judge William tion and on which he was tried and Weber was called to dispence some of convicted by the Jury in district his well known brand of Justice and court on February 16. 1924. the gentleman who was receiving the The matter had been appealed by dose was H. W. Franzen. of Omaha, the attorneys for the defendant, as he gave his name on the docket at Halleck Rose of Omaha. W. A. Rob the police court. Mr. Franzen was crtson of this city, and A. C. Pan apprehended Sunday night by the coast, of Omaha, to the supreme police and on searching him was court where it was submitted and found to have on his hip one bottle argued last September. Under the o.f the beverage that both cheers and decision of the court there will prob ineberiates and for which offense he ably be a retrial of the case at the was hauled to the city bastile to March term of the district court spend the time awaiting trial. The here. court on hearing the evidence in the rase decided that it would cost Mr. ENJOY CHRISTMAS HERE Franzen $100 and co.st3 and which he. was unable to pay ana win Mr. and Mrs. Charles Engelke board at Bill Ilinnchsen s wel fc moyed h, u t,rTi hntlrv for the next several ' , . . . - . . . weeks or until some friend comes to his rescue e. hen arrested Mr. ran, with a party of tvso ad es her gentleman and the ladies. zen was andnotner genueman ui u u , in the party were loud ' eir de-I nouncing of Franzen. claiming that he had onereu 10 iaKe ana insieau 01 biopyius l tuC around ,ana naa speeaeu 01 tO OUr Hint; unu iciuacu ' ue i uuu :" them on iwuie . . walk back like the good little girl In me blUl uuun iuc story book they were up .-. 1 mno (hp aFfisV.K" rrtlC" thl ntw ol,eCl , ,ar Irtinrtiv onk man of the party very kindly took them and the car back to the old home town. SELLS NEW DODGE COUPE E. H. Meisinger, the rustling rep resentative of the Dodge Brothers motor car in this city, the past week sold one of the new model Dodge Brothers coupes to Carl Kraeger, one 'of the young farmers southwest of Mynard. The new car is a beauty and was delivered to the new owner ' Sunday and will furnish a fine means cae travel la the coming spring and wuxtma 'and of -vfaieja Mr. TLwaur 'can feel Justly proud. .1 ST. JOHN'S DAY OBSERVED From Tuesday's Daily The members of the Masonic order in the city observed St. John's day Sunday with special services held at the First Presbyterian church, in stead of the ceremonies at the lodge rooms in the Masonic temple. The bad weather conditions serv ed tc cut down the attendance at the church but a very pleasing number were out to enjoy the splendid ser mon that was given by Rev. Frank Emory Pfoutz, pastor of the First Methodist church, and who spoke on the subject, "The Prince of Peace." giving a very able address to the congregation on the lessons of the teaching of the Master in His life on earth and its meaning to the world today. During the service the Ma sonic quartet, composed of Messrs. Raymond Cook, Lynn O. Minor, Frank A. Cloidt and II. G. McClusky, gave two numbers, "Sweet as the Light of Sabbath Eve" and "Holy Spirit, Truth Divine." CASE AGAINST CARL G. FRIGKE IS REMANDED Action of Supreme Court Will Make Necessary its Retrial Here In District Court. From Tuesday's Dally The state supreme court at Lin coln yesterday handed down its de rision in the case of the State of Ne l.raska vs. Carl G. Fricke, in which the action is remanded to a new trial in the district court here in Cass county, the court holding that error in instructions of the court merited a new trial in the case be fore a jury. This case was tried in the district court here last February, growing out of an indictment made by the grand Jury in November, 1923, against Mr. Fricke charging him with making false entries in connec tion with his keeping the books of the Livingston Loan & Building as sociation, of which he was secretary fryr-n'lcn:?-period cf years. The loan and building association was forced out of business in 1921- 1922 when the association was found to be short some I9G.000 and loss of which was keenly felt in this city wnere me biucKuuiueia wcie an dents. At the time of the failing of the association Mr. Fricke disclaimed re sponsibility for the shortages that existed and turned over to the offi- !cers of the association and the etate department of banking all of his real am personal property to be applied concerned there were only minor er- ror of 1,00k keeD inc. The former tecretary had moved from the city om-.afer turning his property over to tn association. j The grand Jury, in November, 1903, voted a true bill against Mr. Fricke on a charge of embezzlement iillU which lie was aiquuicu, auu a ?f-eond indictment, charging false 1 entries in keeping his accounts is to maKe ineir iiume, eiijuyeu uuu ui fashioned home gatherings Ci)ristnias day that they will long pleaBantly remember, when the on. LnhiMr in chlldren and grandchildren came In the flne dinner th&t nad be?n red and wnich wa9 a fea6t : such a3 only the Nebraska homes can . Thoge whQ attended the pieasant occasion were: Mrs. Joseph Martin and son. Henry: n TTanrv TITr and Mrs Sferlintr Amick. Mr. and Mrs TT T. Lnne nf Omaha. Mr. and Mrs -,,. i. ,1 j. ,i Otuuuid&i-i auu uau6uici, Clare of Weeping Water; Ernest En Relkcmcier of Louisville. Vera and ,.., a -i, Charles Calvin Amick, Clara and Florence Engelkemeler. ENGAGED IN BUSINESS Prom Monday's Daily Howard Johnson who has been farming east of Murdock for a num- . ber of years, has concluded he will Jtry some other kind of business and ' last week purchased the business j which has been owned by 1 John Buscbe of Cedar Creek and moved there taking charge of the business on last W'e&DQaOas Ux Ohjysm and wife ohdufd mai a U truss df the busintM. BIDDICK BOUND OVER TO THE DISTRICT COURT PRELIMINARY HEARING OF THE CASE OF STEVE BIDDICK IS BEFORE THE COURT. STATE OFFERS STORY OF FIRE George Smiley, Chief Witness, in Re lating Story of Alleged Deed Biddick is Held For. From Monday's Dally This morning the preliminary hearing in the case where the State of Nebraska charged Steve Biddick, former Burlington employe with ar son, in connection with the burning cf a lumber shed at the local Bur lington shops on the night of Octo ber ISth. was held before County Judge Allen J. Beesou in the county court. The state presented its evidence in the testimony of George Smiley, who was formerly a roommate of the de fendant Biddick. and who related conversations he had with Biddick in regard to the fire and its cause. This testimony was the chief showing of the state in seeking to fix the crime and its origin on the defendant. The testimony of Mr. Smiley occupied practically all of the morning ses sion of the court. The witness-Smiley stated that the defendant had a feeling of malice toward the Burlington and particul arly toward the shop superintendent and had frequently cursed Mr. Baird and had stated at one time to the witness and a man named Fish hat he was a member of the A. P. A. and could send a code telegham to St. Louis and get heip enough to come here in a few houra and do away with the shop superintendent. Biddick had conversed frequently with witness in the lobby of the Main hotel and had said at one time that he would like to have the shop su perintendent on a ' marble slab and carve him to pieces and also told about having taken bodies from graves in St. Louis. 1 At one time witness stated that Biddick had told him to do all the1 damage he could against railroads and particularly the Burlington. The defendant had told him about get ting a fire claim of $70 from the railroad for a fire in the northern; part of the state some time ago. Wit ness claimed that Biddick had said that he would have had the shops out of Plattsmouth if the wind had not been in the wrong way. Smiley stated that defendant had told how fires could be started by using a piece of candle and gasoline, and had; told witness that he had experiment ed so that he could set a lighted can dle and get away in the clear before a fire broke out. Witness testified that on November 22nd Biddick told him he had a let ter from Bracken, vice president of the Burlington and that witness would soon be working in the coach shop here. Witness and Biddick had been asked by Tom Smith and F. L. Underwood to go to the court house on Sunday, November 30th, and had been questioned there by the two detectives, but were allowed later to go. isotn naa denied any Knowledge of the fire in the shops. Witness stat ed that Biddick had said to him after leaving the court house, "Lucky thing boy, that you did not say any thing about the fire, or I would have been stuck." The witness. Smiley, stated that he had roomed with Biddick for some time. Witness had searched room during absence of defendant to try and find revolver, but only thing he had found were several candles in a grip belonging to Biddick, one can dle having apparently been cut in two pieces. Witness had conversed with Biddick quite often as to fires and at one time had told Biddick that he was going out to "start some thing" and Biddick had told him to take a candle with him and go down to the Burlington rip track, get into a car and leave the candle in a pile of rubbish and he would start some thing that could not be stopped. Lat er he had gone back to hotel and had gone to bed and in the night they had heard the fire engine pass, going to the Larson fire and Biddick had said he guessed the witness had start - ed something all right. Smiley stated that Biddick had said o Korenn n n,ik- shops and away without anyone see ing them, but that they could get a taxi for $10 to take them there and make a getaway that way. He also said that he had had a taxi driver take him down on Lincoln avenue, and who had later picked him up and brought him back to the hotel. On Saturday night, November 15, Smiley testified thatt Biddick had re- laiea me circumsiances oi me uur- lington fire. Biddick had said that' h bjad been Ukea down to tho vlcln. fmr of f T&a xA k6 aa) la snap yardi mad thn into th lumber shed and hid there while the watchman was punching the clock on his rounds and Biddick had then lit the candle in the shed and got away. Witness stated that nothing had been said by Biddick about the use of gasoline. The witness testi fied that on December 16th the de fendant had said he had 200 pounds of dynamite that he was going to put under the home of William Baird. On cross examination by Attorney Claude Wilson of tho defense, Smiley stated that he and Biddick had not been locked in wheii they had been brought to the court house for in vestigation and that the sheriff had no part in the quizzing of them by the Burlington detectives. Witness stated that he had said. at the time he was at the court house on Novem ber 30th, that Biddick had never said anything to him in regard to the fire at the shops. The conversation that he had testified to had occurred on November 15th. prior to the two men being picked up. Officers had said that could send witness to the peni tentiary. Had not ompelled him to testify against Bidii ck. Witness stated that he had been discharged from the Burlington on November 29th, and had gone back to work on the day following his being picked up. Officers had not said anything about sending him up for having a revolver on his person. Witness stated that he had visited the office of A. L. 7 dd, attorney, in company with Biddirk. Had asked Mr. Tidd as to law in regard to con cealed weapons to satisfy himself. Had left no instructions with Mr. Tidd to start a damage suit against the Burlington as the result of being taken up by Officerr. Smith and Un derwood. The cross examination of Mr. Smiley was being continued when the noon recess of the court was call ed at 12 o'clock and adjournment taken until 1:30. At the afternoon session of the court, M. L. Buttery, night watch man at the shops, testified as to what time he had visited the lumber 6hed on the night c the fire on Oc tober ISth. as being some forty or fifty minutes before the fire broke out. He also testified as to puncn-; ing the clock in the shed as required j as a part of his dutie William Baird testified that he was the supirintfT...y.it ri th local Burlington shops and at; such had hired Mr. Biddick and later had dis missed him from the service of the company. He aiso tesuneu inai me defendant had visited hi3 office sev eral weeks ago and asked to have a conference and stated that he wished to be put back at his old job with the same rate of pay and said thtt he had been kidnaped by detectives. Witness had asked Biddick as to a threatening letter that he had writ ten to the witness and which the de fendant stated that he had written but not sent to Mr. Baird. Defend ant had asked witness as to what he was going to do about the letter and he told him nothing, but that he would not allow him to be around the shops. On cross examination. Mr. Baird stated that he had not said anything about the matter un til he had conversation with W. A. Robertson today when he had men- ! tioned the facts that he had testi- j fied to. There were no electric wires I in the building, Mr. Baird stated, on I the cross examination. The witness, also described the kind of lumber! stored In the shed that had been 1 burned and that there were no ! switch engines passing near there, after 4 o'clock. j E. L. Underwood, assistant special agent of the Burlington, testified i that he had overheard a conversa-1 tion in the lobby of the Main hotel . on November 22nd between Smiley j and Biddick and in which Biddick j had said that he would get even yet ; and had faile once and had also dis- j cuseed with Smiley how to establish : an alibi by registering at the hotel. ' He had also discussed how easy it would be for anyone to kidnap Mr. Baird. There had been no mention of fire made in the conversation. Mr. UPnderwood stated on the cross ex amination. The state rested at 2:30 and the defense offered no testimony in be half of Mr. Biddick. Judge Beeson after hearing the attorneys In the matter, fixed the bond in the case at $2,000 which the defendant will be required to j furnish or remain in Jail until the ! session of the district court. WINTER TAKES WINGS From Tuesday's Daily After several days of the real old ! aBhlond.1 wintef th weather man has smiled on this section of the west nd the residents here a brief breathing spell from the 10 and 15 . derees bfloww zero weather of the Past fortnight and the mercury this ' mornlns was ranging over the zero mark and by noon had risen to twenty-five above with prospects of even soaring to greater heights. The forecast points to more snow, but the public is hoping that this may be passed by a few days of warmer weather and that sunshine TJ11 a&aiil vIs locality f?r ore lan a few "eeting moments at a time. 1 tj .wn. -ft, fy0" 0l ppHes at the Bates Book ana Gift ohqft nere you will Sra. the big line at the ngnt price. ENTHUSIASTIC YEAR END MEET ING LAST NIGHT Members of Hugh J. Kearns Post Enjoy Ovster Stew Enter 1925 with Bright Prospects. From Tuesday's Daily It was an enthusiastic crowd of Legion members who gathered last night for the year-end meeting, of the post and incidently the last that will be held in the present club rooms, the lease of which expires on January 1st. These rooms have been occupied by the post for more than four j'ears and in all that time no more enthusiastic gathering was ever held than this one. The giving up of the lease and temporary discontinuance of club room privileges is actuated by the bright prospects the post faces of owning a home of its own in the not far distant future and all energies of the officers and members will be concentrated on that plan with the beginning of the new year. Thursday the post will come into actual possession of its building site on Vine street the deal for the pur chase of which was completed some ten days ago. This plat is one of the most desirable in town and with its transfer to the Legion active steps will be taken in the financing cam paign for a community auditorium, in a portion of which the post will maintain its club rooms. Until that project is realized the furniture and furnishings of the post will be stored and general meetings of the post held in one of the local halls. Captain Fred Lugsch of the losing 1924 membership team, assisted by some of his fellow losing members, donned aprons and prepared an oy ster stew that furnished the members with a real feed, and afterwards looked after the K. P. detail in splendid manner. One of the aims of the post that will be hard pushed the next few weeks is the enlistment of every ex- service man in this part of the coun ty in Vs 1925 membership roll and to tba pnd two membership teams were organized, captained by Ed Fullerton and John Hadraba. The teams start off with an even break, and a warm contest is promised by the "Sign here" workers. Although the membership fell off slightly following the turbulous days of the'strike, it is expected to stage a great comeback this year and with enthusiasm like that shown at last night's meeting most promising pros pects for the new year are entei rain ed by the stand-by members who have "carried on" since the very in ception of the Legion post here in 1919. COASTING DAYS HERE From Tuesday's Daily The snow and the intense cold weather of the past week has tended to aake the good old fashioned sports of skating and coasting very popular among the residents of this section and the lovers of skating have been busily engaged in seeking a place where the sport could be enjoyed in safety and pleasure and strange to relate, it is hard to find a good skat ing place in the city and points the need of a specially arranged pond where the lovers of this winter sport can enjoy themselves in safety. The coasters have not had quite as much trouble in getting a place to enjoy themselves as the youngsters have arranged a sliding place on North Fourth street, where the new pavement makes the going nice and smooth and the snow having pack ed down makes a good track for the use of bob sleds and the smaller hand sleds. Last night a number of the young people were out with their bob sleds spending the time in coasting and having a real time. One of the old time residents here states that the coasting here now days is not up to the olden days when the high school hill was used for this purpose and when it was mnrh Rtppner than it is at the pres ent time and when the bobs were numorniiq on the winter nights coasting down the hill, over the Bur lington tracks and out onto the river that then flowed at tne 1001 nf Main street. On these coasting nights the street was closed to travel and there was nothing to stop the fullest en joyment of the coasting delight and sled after sled load of young people would sweep down the hill in a wild ami iirp.it.hless dash toward the river. The grading down of the hill in re cent years and tne placing ui iu parkway in Main street between Sixth and Seventh streets has pras tically eliminated the use of Main street for coasting and with the in creasing travel of cars and trucks, it would be very dangerous anyway. NEW DAUGHTER ARRIVES From Tuesday's Dally On Sunday a fine little six pound daughter arrived at the home of Mr. and Mrs. Howard Doods, to gladden their household and make a pleasant New Year's remembrance. The mother nas Deen very poon, but la reported, today ea ahowlA acs aisRs 61 fjcajwtfwOTtfait aafl fb littls dauahtsr is doin rsry nicsly- INCOME TAX BLANKS From Tuesday's Dally A. B. Allen, collector of internal revenue for the district of Nebraska, announces that income tax return I forms for the year 1924 will be ready for distribution on January 2, 1925. All taxpayers who made returns in 1924 (for the 1923 tax) will have copies of the 1924 forms mailed to them at their last known address. However, failure to receive them will not relieve the taxpayer from the responsibility of filing hid return in due time. All returns for 1924 must be in the collector's office on or before March 15, 1925. Parties j who do not receive the blanks by mail may get them from most any oanK, or upon application to tne col lector's Office, Omaha, to the Inter nal Revenue office at either Lincoln or Grand Island. ENTERTAIN AT VERY PLEASANT BREAKFAST PARTY Miss Sarah Baird and Miss Helen Pfoutz Hostesses to Some 27 Young Ladies. From Wedneaday'8 Dally The charming home of Mr. and Mrs. William Baird was the scene of a very pleasant social gathering yes terday, the occasion being an 11 o'clock breakfast given by Miss Sarah Baird and Miss Helen Pfoutz in honor of the young ladies who are here from their studies for the holi day season. The home was arranged with the attractive lighting of candles and lights, the blinds being drawn dark ening the interior of the home, which brought out the full beauty of the color scheme of red and yellow. The favors of the breakfast were the yellow corsage bouquets that were at the places of the 27 guests as they enjoyed the delightful occa sion. Following the breakfast the ladies enjoyed a most pleasing musical re cital. Miss Edith Mayes of Wahoo favoring the ladies with a group of songs while Mrs. Robert Reed was heard in a number of piano selec tions and Miss Alice Louise Wescott in several whistling numbers that added to the enjoyment of the occa sion. In the entertaining and serving. Mrs. Baird was assisted by Mesdames J. E. Wiles. C. C. Wescott. L. L. Wiles, E. II. Weecott and A. S. Christ. DECEIVES HIGH H0N0B. The grand chapter of Royal Arch Masons of the United States has con ferred a pleasing fraternal honor on James M. Robertson of this city, past grand high priest of Nebraska, by designating Mr. Robertson as the representative in this state of the grand chapter of Scotland, which is affiliated with the United States, grand chapter. As representative of) the Scottish grand chapter, Mr. Rob-j ertson will have charge of any mat-' ters that may arise affecting Scotland jurisdiction. the HOUSE FOR SALE Modern house and lot, also new furniture for sale. Call phone 76. Jl-2tw 1 1 What would the New Year be with out its promise of new opportunities for one and all. The First National Bank wishes you and yours a happy and prosperous 1925 and hopes that the New Year may in crease our opportunities to be of service, to the individual, to the community, and in every way that will mean further pro gress and greater well-being to the people of this community. The First Mtional Bank THE BANK WHERE YOU FEHL AT HOME PJJVTTSMOUTH The Bank Where 1.,-, sa-fc BAR ASSOCIATION DISCUSSES MEAS URES FOR RELIEF Lively Comment Without Decision on Proposal for Submitting Cases on Printed Abstract From Tuesday's Dally Discussion of various measures to relieve the 6tate supreme court of some of itn duties, which havn thrown it as much as two yearn be- ihind time in some types of cases, oc ' cupied attention of the Nebraska Bar 'association at its opening session ! yesterday at the Hotel Fontenelle in Omaha. The report of the committee on legislation, submitted by Paul Jes sen, chairman, asking the court to adopt a rule which would require that all appellate cases be submit ted upon a printed abstract of tho record a summary of the salient facts of the trial brought out lively discussion from the barristers. A vote on the matter, called by President Fred Wright of Omaha, disclosed that the convention was about equally divided on the matter, and it was postponed until the open ing session today for further debate. Judge Ooode of the supreme court, speaking in behalf of the resolution. said the court desired it, and he pointed out that the appellate courts of Iowa and Minnesota are better able to function under Its operations. Judge Courtw right of Fremont also upheld the proposal, and declared he favored a change In the state consti tution to restrict the right of appeal in trivial cases, which, he raid, are crowding important cases off the su preme court docket. Ben Baker, of Omaha, was one of the leading opponents to the meas ure. Ladies are invited to all the ten sions of the Nebraska State Bar as sociation today. LEGION MEMBERSHIP TEAMS The following Legion members have paid dues for 1925 and are meuibws ! Captain John Jiadraba'a team: Tom Walling, Clyde Jackson, Emil Hild, James Stockham, Otto Lutz, C. Pitman, Garold Holcomb, Frank Rebal, Harold Erickson, Ralph Twiss, Ralph Larson and John Had raba, captain. Total, 12. The following have paid dues for 1925 and are members of Captain Ed Fullerton's team: Maldon Brown. Oliver Harvey, Clarence Ledgway, C5. W. Comer, James Masters, Roy Holly, R. fl. Campbell, Henry Lea cock. Ranford Short, A. H. Duxbury. Alvin Huff and Mike Opperman. To tal, 12. The above represent only dues ac tually turned in to the Adjutant. Others may have paid Individuals who have not yet had opportunity to turn them in. As last year, the Adjutant will b neutral and hi9 due6 count for neith er 6ide. The race is on! The teams start out with an even break and great results are looked for. Advertise your want in the Jour nal for results. Store. NEBRASKA. 2 S 1 Yon Fed at Heme!