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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (June 7, 1926)
Nebraska State Histori cal Society piattsmmoutb VOL. NO. xin PLATTSMOUTH, NEBRASKA, MONDAY, JUNE 7, 1926. NO. 35 Jury Finds for Railroad in the Leiner Contest Verdict Returned This Morning by Jury in Favor of Chicago, Bur lington & Quincy Co. From Thursday's Daily The case of Lorenz Leiner vs. the Chicago, Burlington & Quincy Rail road company for damages in the sum of $50,000, was terminated this morning at the opening of the dis trict court when the jury in the case returned a verdict for the defendant railroad company. This case has been on trial since Tuesday morning and was the first jury case of the May term of court and there were a large number of witnesses for both the plaintiff and the defendant in the action and the closing arguments were made yester day afternoon and the jury given their instructions at 5 o'clock. The jury deliberated on the cast last night until 10 o'clock and again this morning before reaching a verdict. The members of the jury were J. B. Goodridge, R. C. Wenzel, A. B. Fornoff. C. D. Fulmer. O. F. Peters, Perry NMckels. W. II. Otte, F. E. Car ter, Fred Schaffer, James Johnson,! Myron lies and E. D. Snoke. J This is an action arising out of the. On Wednesday afternoon, at the auto accident at the Oreapolis cross- auditorium of the public library, a ing of the C. B. & Q. railroad, north piano recital was given by the pupils of this city, on Sunday, August 16th, of Miss Olive Gass. when the Ford sedan car owned, The day was one of those rare and driven by C. L. Dietz was struck days In June of which the . poets by passenger train No. 24, eastbound, write. The decorations consisted of on the Burlington crossing, and as the sprIng flowers in great variety, the result of which James Edwards and added a touch of beauty to thc and Elof Johnson were instantly scene killed and Mr. Leiner and Mr. Deltz Th; motto of the c,ass f)r the year severely injured . . tl lis "memory work," and this vear The plaintiff had contended that'the recital had the distinotion of be "ie ia" lY "u? 6"s "" the west side of the road on the prop erty of the defendant company ob scured the view of the tracks to the west to anyone driving onto the crossing from the south and also that the whistle of the locamotive or the bell had not been sounded. The defendant company had mem bers of the train crew and passengers on the stand to combat the plaintiff's allegation as to the approach of the crossing being obscured from view of the tracks to the west and also of the' w to. io Mnir hir.u-n anH 1 ill L J L CI-IC W UlOlltO U V. -T V " " the bell of the locomotive sounded The case attracted a great deal of ntfpntion here where the parties in the accident were all residents and ! the progress of the case was followed with the greatest of interest by the court roomull of spectators. This morning the task of impanel ing a jury in the case of Bertha E. Hutchison vs. the Missouri Pacific railroad was taken up. SUFFERS SHOCK From Thursday's Dally This mnrnintr while workmen were engaged in moving the residence prop-' erty that Herman Thomas recently purchased, from the Masonic grounds to the lot of Mr. Thomas south of the Home, one of the men received a dight electric shock that put him out of commission for a short time. The moving of the house has made neces sary the changing of the electric light lines and the wires had been run over the roof of the house and one of the wires had become loosened and this -ik in cnm -ufiv rlrnnnpn OTltn the1 tin work of the roof of the house andchurch in this city and in which this in turn carried the current into some 125 of the members of the the water pipeg of the house. One church participated, each of the mem of the workmen had been under the Ders 0f the party bringing with them house jacking the building up and as a tjny soc-k in which was deposited he crawled out from beneath the tne nuniher of coins that represent house he held a small crowbar in his ert tne years Gf their life and which hand and this suddenly came in con- serve,i to net a very neat sum for tact with the tin water pipes that thA phnrrh activities. The oldest , or,,. t -n or. the -.. -.... " memoer or tne congregation in ai- th loan w m(. in disregard of bar were both hurled a short ways , tendance at the party was Mrs. S. ! Salute and it foUoVs tilt the and while not serious it made a fewjE AIiCElwain who has passed herlSVf can make no such uncomfortable moments for the man.! ttrntlf,fn vaar tUaro .eP ! 8.u' ran llT 1 11 can The workman recovered. and was able to resume his work this afternoon. ABRAM RUPLEY VERY POORLY From Thursday's Dally The reports from the bedside of Abrara Ruply, one of the old time residents of the city, today indicate that the aged Datient is still in verv ! conditfon d "hl recover doumbthi MllneRSS 1 ihlmTT f graVe' poohea hRfUoPr17heh?a,btTewrar Pand with the pro ins conaition nas grown s worse until the last few weeks when he had been confined to his home for the greater part of the time. The! many old time friends will reerpti very much to learn of the serious S condition of Mr. Ruley. CARD OF THANKS We wish to sincerely thank all tnose who sent beautiful floral offer l"isad W.h exendea their kindest . . smpatny to us in our deepest hour m . . , - I - Ul KJ I QIUUJ CLl. L11C UU-T-J. i,j - I " - 1 or sorrow for the loss of our dear the past year. Mr. Campbell is ex- of treatment as the result of a ner wire. mother, sister and aunt. We es- pecting to complete his school workjvous breakdown, is now at home and pecially wish to thank the quartet for this month and will then return to feeling somewhat Improved from the the beautiful music and Rev. Robb Nebraska and will probably stop at course of treatment but still far from w T T tribute eiven. Chas. Plattsmouth for a visit with the old ' well and it will be some time be- hV ad Family, Mrs. E5ophia Shana- friends for a short time. Mr. Camp-! fore she is entirely on the way to nan ana Family, Mrs Sarah Cook and bell will continue his school work complete recovery. The many friends iiv rl' r" S. Ebeling and Fam- and is expecting to locate at some of are pleased to learn that she is do Wi'A IS.800 Family, Geo. Nebraska's schools for the coming ling so well and trust that she may inscot and Family. year's work if possible. continue to improve. AUDITORS MAKE REPORT From Thursday s Daily The firm of Vanbuskirk & Reming ton, who have been making an audit of the books of tiie various county officers, have completed their task and filed their report with the board of county commissioners. The report is ri verv nleaxiner nnp anil shows that the business of the various offices has! been handled in first class shape and with a remarkably few errors in any of the offices and in the large amount of bill that pass through the office were but two errors. The report ofi - .ium "V1"18 a the auditors is very pleasing to the''f ul tfamatic production was county officers and ,s one of the best , when the creighton University Dram that has been received in several years atic c,ub presente(1 on tne stas-e of of the condition of the affairs of the the parmele theatre the popular offices. Piano Pupils of Miss Olive Gass Give a Recital Large Number of Parents and Friends Enjoy Pleasant Occasion at Public Library. From Friday's Daily ing a "100 per cent memory recital." Parents and friends filled the audi torium, and the members of the class, appreciating the interest shown, gave a recital that was a credit to all who took part in it. To give variety to the program the members of the class gave several special numbers, which were very much enjoyed. These were as follows: Trio harmonica, piano and drums EuS?n Bushnell. Donald Bush nell and v ernon Arn. Vocal solo Gertrude Vallery, Vir- The production was given uniier ginia Trively, accompanist. I the direction of Mr. Costello of the Pianologue Beatrice and Marjorie dramatic art department of the Arn. i Creighton university and in the fin- Xylophone solo Eunice Burbridge i ished work of his company he is de and a solo dance by Amy Elliott. : serving of congratulation and the The recital program was divided company certainly will receive a into two parts. Part 1 was given by i warm reception if they can be se boys and part 2 by the girls. - cured for a future offering in this The members of the class on the program were as follows: James Comstock, Maynard Mc Cleary. Cecil Comstock, Vernon Arn. Donald Bushnell, Clarence Nielson, Jean Elizabeth Holmes, Gertrude Val lery, Maxine Wiles, Leona Meisinger, June Keil, Mary Berrak, Virginia ' Trively, Mabel Brittain. Amy Elliott, Mary Lois Wiles, Frances Benak, Carlyn Thomas, Fonda Trively, 'Gladys Bushnell, icachael Baldwin. Eunice Burbridge, Bernice Arn, Mar jorie Arn, Treva Edgerton. HOLD BIRTHDAY GATHERING From Friday's Daily Last evening a "Birthday" party - ,. - ! IiaM iV T." i .it Chpiatjon . " . . eighty-fourth year and there were a number of the tots that came under the one cent class in the birthday ranks. The evening was spent most de lightfully in the enjoyment of a varied program of songs and instru mental selections as well as a large number of readings by the members f th nartv both voune: and old and "nt"Z ' -a' future that was most a f , ! T , , fv?! VtS? rty mTJLS: hPourtydainty and de-i licJo- refreshments were served t TS one that everyone will appreciate to tne utmost- --., .... COMPLETING SCHOOL WORK Friends here have received word from Raymond Campbell, former principal of the local high school. 'that he has completed his preliminary examinations at Columbia University, for whlch 'he haa bee persuing a 1-1 11 1 1 11 uc 11 CI 13 V 1 11 1 UUlUf, u , ,-.,-... ni,n Creighton Uni Dramatic Club Very Pleasing Omaha University Dramatic Organ- ization Presents "The Goose Hangs High" Last Nite. i From Friday's Daily comedy drama, "The Goose Hangs High." The play was given in a manner that was worthy of the mostfinish ed of actors and the young men and women that comprised the cast gave an interpretation of the play of which they can well feel gratified and those who attended the performance real ized an evening of the rarest enjoy ment. While the offering has been pre sented here before both in the spoken drama and the motion pictures, there has been no presentation as really artistic as that which, the Omaha stu dent dramatic club offered and with the naturalness and. skillful handling that the members of the cast afford ed. The story was of the fond and sacri ficing parents who had kept their children in college and provided with every advantage and apparently with the disregard of their love and sacri fices by the children, with the sharp reaction of the children in the hour of apparent financial difficulty, by coming to the parents aid with their love and personal service. As the parents. Clifford Reybery and Miss Louise Pat ton proved fin ished actors and enacted their roles in a strong and forceful manner and their support by John J. Gillen, Jr., Guy Gadbois. and Agnes McDermott was charming and in the natural ness or the young people a real dramatic treat. Miss Helen Foley as "Granny," Mildred Zaffle as "Julia Murdock, Ethel Oliverius as "Dan- gar ana Lawrence Bramen as ":soei Derby" aided in the making of a perfect story and those of the cast in the minor also proved real artists city. LAYS DOWN BANKING LAW From Thursday's Dailv The supreme court has reversed and sent back for retrial the case of the Community State bank of Table Rock, e.gainst the First National bank ;of David City, to recover a deposit of $2,543.66 in the latter bank, ineue fendant had counter claims on notes that it had bought under the guaranty of the Table Rock bank, but one of these the court below refused to al low. The note was executed by a cus tomer named Phillips, who had al ready borrowed his limit at the Table Rock bank. It was the contention of the re- ?fiver that " "css l0oa; it was an illegal transaction, and that under court decision this con stituted the contract illegal and un enforcible by the First National, it being in effect a direct loan by the latter. The supreme court says that! this is not a good law. The maker of a note that represents an excess CailllUl piettU as U ulfu. llldl 1 A. l-,.l , -l nnr-n 1, ciajm either. LOCATING AT NEBRASKA CITY From Friday's Daily Gerald Fleming, who has been at tfio TTni i-tirci t v nf VVirnclrci .Vio niot term arrived home yesterday and at pnfprPl1 fn OT1 hia vatinn nri- V T ...," , u .r . inai WU1 Keep I1,m iar&eiy occupied in the summer months. Gerald has accepted a position with the Robb .Sd 'wfll iX'-SSSn anS Z - as in his accounting and book work and will make a very valuable addi tion to the staff of the candy com pany at their Otoe county wholesale house. RETURNS FROM HOSPITAL From Thursday's Dally Mrs. Charles M. Manners, who has been at the hosnital in Omaha fnr the rast ten davs takintr a rnnrso GRADUATING FROM UNIVERSITY From Friday's Dailv The graduating class of 1926 at the University of Nebraska will number in its membership two Plattsmouth daughter of Mr. and Mrs. John L. Tidball, Jr., and William Dean Doug-J lass, son of Mrs. Daisy Douglass of this city. Miss Tidball has been r .. . i . - completing ner nuui years ai Ne braska after a couie of study at j Doane college while Mr. Douglass! has largely taken his entire course at Nebraska barring one year at the University of Indiana at Blooming - ton. A number of the friends of the young people are planning to go to Lincoln Saturday to attend the gradu- ating exercises. Former Platts mouth Boy Be comes Benedict Miss' Mr. Drurv H. Phebus and Esther Lnchterhand Married at Manitowoc, Wisconsin. From Friday's Dailv At 10:00 a. m.. Wednesday, June 2nd. 1926, occurred the marriage Drury H. Phebus. a former Platts mouth boy. and Esther Caroline Luch terhand of Misicot,. Wisconsin. The ceremony was performed by Rev. Otto A. Menke. pastor of the Luthern Reform church of Manito- mc, iv is., uie ceauuiui ring service tu ,he Ume of ner fortncominff mar. being used to unite in the ho.y bonds I r.a anJ g a ,a(,v that ahs thr of wedlock the lives and hearts of,,. anrkt ,, 0 ...-., ..:-...! ,.f these two esteemable young people. Miss Esther Luchtenhand is the ac complished and only daughter of .Mr. uuu iu.a. u..u ucuiciM-iiu. u reside on a farm near Mishicot. She was reared to womanhood in Wis consin and has a host of warm friends. Mr. Phebus was reared to man hood in Plattsmouth and graduated from our public schools with the 'class of 1904, after which he engaged in the railroad business and for seven years was conected with the store de partment of the Burlington at the local shops, after which he served in the same department at McCook, Neb., Hannibal, Mo., and Sheridan, Wyo. At present Mr. Phebus is chief clerk to the general storekeeper of the C M. & St. Paul railroad, with head quarters at Milwaukee. Mr. Phebus is one who numbers his friends by his acquaintances, all of whom will be pleased to hear of his new found happiness. Immediately following a wedding luncheon at the farm home of the bride, Mr. and Mrs. Phebus left for an extended honeymoon trip to Los Angeles and Seattle, and will be at home to their friends after July 16th, at 1062 39th st. Milwaukee. DAMAGE SUIT STILL ON From Friday's Daily The trial of the suit of Bertha E. Hutchison, administratrix vs. the Missouri Pacific railroad company is still occupying the time of the district court today and the defend ant railroad company has a number of witnesses on the stand to sup port their side of the case in which the plaintiff seeks the recovery of damages in the sum of $.10,000 for the death of Fay Hutchison, hus band of the plaintiff. The defend ant company offered in evidence to day a large number of photographs of the scene of the accident at the "Bates" crossing two miles east of Weeping Water, the exhibits being intended to combat, the charges that the view of the crossing was ob scured. The plaintiff attacked the defendants testimony as to the safe condition of the crossing, the plain tiff contending that the condition of the crossing was one of the causes of the accident when the truck in which the deceased man and his infant son was riding was stopped, and which-caused the truck to be struck by the train. The rail road company testimony also was to the effect that the whistle of the locomotive was sounded for the cross ing which had been denied by the plaintiff. LOOKING OVER SCOUTS From Friday's Daily The Boy Scouts of this city will be under the supervision of Floyd Flack, the new science teacher of the high school and who was here one day this week looking over the situation here and meeting a number of the local Scout committee and getting a lineup on his work for the fall and winter, Mr. Flack is a fine young man and of a personally attractive nature that will eminently fit him for the work of , supervising the Scout activiies and' the personal touch with the members' of the boy's organization. The scouts here have had some very able and agreeable scoutmasters in C. H. Peden and Irving Wiltse and in Mr. Flack they will doubtless find as agreeable an instructor and friend as in their former leaders and who will assist them in the higher development of their troops in this city. a i ' .. j .. t ' Auveru.se your wants m tne jour-: nal Want Ad Dept., for results. . Plattsmouth Young Folks Wed in Iowa Charles Lamphear and Miss Kable McFarland Joined in Marriage at Council Bluffs. ' F,orn Friday's Daily ' The marriage of two of the well known young people of this city, Charles Lamphear and Miss Mahle McFarland occurred on Wednesday arternoon at o ciock ar me omce of the Rev. Henry DcLong veteran Council Bluffs pastor. The bridal couple accompanied by Mr. and Mrs. George McFarland, parents of the bride motored to the Iowa city for the ceremony and on their return here started their married life in this community where they are both so well and favorably known. The bride wore a very charming gown of pink crepe as her bridal costume.. Both of the young people have a host of- friends in this community who will learn with the greatest pleasure of their new found happi- hpss and extend to them their wishes for m;inv years of future ''-Tin:- ofj.,ud success as they journey "down the highway of life as one. The bride, a daughter of Mr. and Mrs. George McFarland, has made her home in this city for the past four s and hag boen attending the Plattsmouth city schools up un- j uiin i n .jj' v t. - v i v v.. v friends. The groom is a Plattsmouth and a native son of son of George Lamphear of this city and a young I . ,. ,,. . man ot tne nignest standing in tne community where he has grown to manhood. At the present time Mr. Lamphere is engaged with his bro ther, Henry Lamphear in the con duct of a restaurant on South 5th street. A young man of most gen ial personality he has made a large circle of friends who are delighted to learn of his marriage and of the fact that Mr. and Mrs. Lamphear are planning t continue to make this city their home in the future. MAKES BRIDGE PAYMENT From Thursday s aiiy The counties of Cass and Sarpy that are now operating the King of Trails bridge north of this city as a toll bridge until funds have ac cumulated to pay the amount of the purchase price of the bridge due from the two counties, yesterday made their first payment of their part of the bridge, turning over the sum of $3,500 to the King of Trails Bridge Co., the builders of the struc ture and from whom it was purchas ed. The payment was made and a sur plus fund of $700 was left on hand after the payment was made to be applied on the operation of the bridge and the next payment of the coun ty's half of the purchase price. The contract for the purchase of the bridge was made on April 17th and the commissioners feel well pleased that they have been able to make as substantial a payment on the principal of the- bridge indebted ness. The commissioners also re-arranged the schedule of the bridge tend ers so as to divide the work into three eight hour shifts. Albert Cot ner and Joe Wooster, the present bridge tenders will serve as two of the force while a third Is to be added. A number of applications have been received by the commis sioners for the positions. FILES SUIT IN COURT From Friday's Daily In the office of hte clerk of the district court today an action was filed in which The Farmers Co-Operative Hail Insurance Co., is the plain tiff and George H. Shrader and others are the defendants. The petition of the plaintiff alleges that it is a cor poration organized under the laws of. the State of Nebraska and that it has as its business the issuance of hailj insurance policies lirough he means, of a co-operative policy. .It is furtner claimed that the defendants made ap plication for membership in this corn- pany and that under the process of the by-laws of the said company that! polcies were issued by the plaintiff; to the various defendants and that; are now unpaid and due a number of j fees ancl assessments. The plaintiff asks judgment against the various de- fendants in the sums that they nave set forth in their petition. SCHMADER IS PAINTER Andy Schmader, once a drawing card on Omaha fight bills, is working j as a laborer for the police department. I Schmader is now on the paint crew, painting safety zone "warts" j and curbstone parking warnings. "Maybe I'll get into condition to fight gain," Schmader said. World-j Herald. ' an ! i e 1 ; ... .. au iudus oi uusuiess smuuiieryi printed at the Journal office. j CELEBRATE BIRTHDAY From Saturday's Daily The passing of the fifth birthday anniversary of little Miss Corrine Hallstrom. daughter of Mr. and Mis. Elmer Hallstrom, was celebrated at the family home in Avoca a few days ago and was participated in by some thirty-five of the young people. The time was pnt in games of all kind-! that aided in yiaking the occasion one that everyone of the little folks will long very pleasantly remember for its attractivness and pleasant ness. As favors of the occasion Mrs. Hallstrom presented the guest.; with a photo album which contained a photograph of Miss Corrine. A large number of very attractive gifts were received by the little guest of honor from her friends. At a suitable hour dainty and delicious refreshments were served by Mrs. Hallstrom as sisted by Mrs. J. II. Hallstrom and Mrs. James G. Mauzy of Plattsmouth and Mrs. J. L. Sindlear of Omaha. Committee Will Take Up 4ih of July Activities Soliciting- Committee Will Make Trip Over the City Monday to Test Out Feeling Toward It From Saturday's Daily Many of the citizens here have been urging that the city hold a big celebration of the Fourth of July for the community of Cass county and which has been given such a general expression of satisfaction that the Chamber of Commerce has decided to follow the suggestion of the cele bration up with a soliciting campaign that would give the committee some definite plan upon which to work. The committee of the Chamber of Commerce will go out Monday for the purpose of soliciting the funds that may be necessary in putting the celebration over in proper shape, as there is more or less necessity for a considerable sum in putting on a celebration that would be worthy of the name. The past two years the celebrations have been very successful in provid ing entertainment and a program that would be worthy of the national day of independence, although last year the fact that the date occurred on Saturday interfered to some ex tent with the participation of the business houses in the festivities. This year the observance of the Fourth of July will be held on Mon day, as the date falls on Sunday and by usage the day following will be celebrated. The committee in their solicitation will give the public the opportunity of making the decision as to their wishes for or against the celebration and on their decision rests the ques tion of whether we do or we don't. MISS BOOTH TO RECOVER New York, June 5. Miss Evange line Booth, commander of the Salva tion Army, will undoubtedly recover from the attack of appendicitis from which she has been suffering at her home near White Plains, N. Y.. her physician said Friday. He said her condition had improved greatly. If You Vcre a Thief! (Copyrighted) If you were a thief and you wanted to break into a bank vault to carry away the wealth it contains, do you think you would select a vault like ours as your vic tim? Would you? Don't you think you would look for a vault that would offer some chance for success? Every burglar knows the hope lessness of the modern bank vault for his work. Come in let us show you the vault and explain the many things that were done to prevent danger of every kind. A modern burglar and fire proof vault like ours costs thousands of dollars. You can have a private box for your valu ables for a few cents a month thousands of dollars worth of protection for almost nothing. Think it over. The First National Bank The bank whepe prjvrrsMOUTH Jury Decides in Favor of the Missouri Pacific After Short Deliberation the Mem bers of Petit Jury Return Ver dict in $50,000 Suit. From Saturdays Dally The case of Bertha IL Hutchison ! vs. the Missouri Pacific Railroad ! company, an ac tion for $.., onO l;un iages for the loss of the life of K.iy Hutchison, husband of the plaintiff, resulted in a verdict for the defend ant railroad company in the district court last night when the jury re turned a verdict for the defend ants. The case occupied all of Thurs day and Friday with its trial as there were many witnesses to be ex amined by both sides and this re quired a great deal of the time of the courts Residents of the vicinity of the "Bates" crossing cast of Weeping Water where the accident occurred as well as the two sur viving members of the ill fated auto truck party were on the stand for the plaintiff while there was a ljrge array cf witnesses for the railroad company in the members of their train crew, the passengers on the train that struck the truck and also a few of the residents of the neigh borhood of the crossing. At the close of the taking of evi dence yesterday afternoon Yale Holland, counsel for the defendant company moved for a directed ver dict for his clients but which was over ruled and the case sent to the jury, the arguments concluded at 5:30. The verdict was returned at 10 o'clock and the decision of the jury finding for the railroad company was read in open court. At the conclusion of the verdict Judge Begley excused the jury until next week when they will return to complete the other cases on the docket that may be demanding their attention. MOST DELIGHTFUL PARTY From Saturday's Dally The home of Mrs. Frank R. Gobel man was the scene of a very delight ful 6 o'clock bridge tea yesterday that proved one of the most pleus ant social events of the late spring season, Mrs. Gobelman entertaining a very large party of friends. The rooms of the home were very attractively arranged in the decora tions of the pink roses that in their profusion ancl beauty made the scene one of the greatest charm and added a real touch of natural charm. There were seven tables of the ladies and in the playing Mrs. R. W. Knorr - was awarded th fnt prize, Mrs. Paul T. Heinemann. the second prize and the consolation prize won by Mrs. Thomas Walling. In serving Mrs. Gobelman was as sisted by Misses Maxine Cloidt und Jean Caldwell who most charmingly carried out this feature of the tea. The out of town guests of the tea were Mrs. Christine Kirkpatfiek of Tulsa, Oklahoma, and Mrs. James H. Carter of Omaha. Blank books at the Journal office. progress!M -i YOU FEEL AT HOM!. "NEBRASKA