The frontier. (O'Neill City, Holt County, Neb.) 1880-1965, June 28, 1928, Image 9

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    O’Neill Chiropractor
Kidnaped By Sheriff
Of Richardson County
The sensation of being kidnaped by
two big, husky officers, hand-cuffed
and thrown into a waiting automobile
and whisked away without being
given a chance to secure a hat or coat
was the unusual experience of Dr. C,
H. Lubker, chiropractor of this city,
last Saturday morning between nine
and nine-thirty o’clock while the
streets were practically deserted.
Only two persons were on the street
near the scene of abduction when the
occurance took place.
Sheriff Lewis Davies and a deputy.
Homer Kirk, of Falls City, entered
Dr. Lubker’s office and informed him
they were going to take him to Falls
City; the Dr. made an effort to call
his attorney when he was quickly
hand-cuffed and forcibly taken from
his office and not allowed to get his
hat or coat that lay nearby; his place
of business was also left open until
later locked up by friends.
Dr. Lubker says that he was not
given anything to eat and did not
leave the car until they reached Falls
City that evening; the distance cover
ed was 343 miles; and was not given
permission to talk to his brtither and
not admitted to bond until Monday
afternoon although several parties
were ready to sign them.
The officers were after the doctor
for ignoring an order of the district
court at Falls City to pay $80 per
month toward the support of his
children pending the outcome of a di
vorce suit brought by Mrs. Lubker in
Richardson county.
Sunday’s attempt was the second
made by the Richardson county dis
trict court, the first one being blocked
by an application in the Holt county
district court about a month ago for
a writ of habeas corpus after they hud
arrested him but before they could re
move him from the county. The ap
plication later was dismissed by Dis
trict Judge Robert R. Dickson, but in
the meantime the Richardson county
officers had left for home.
The Richardson county officers re
turned to O’Neill Friday night, but
explained, on encountering Dr, Lub
ker’s attorney, that they were on their
way west looking for cattle thieves.
They then went on west to Atkinson
to spend the night and returned Satur
day morning 10 u nem. curving up
to the doctor's office the two men went
in and grabbed the physician. The
latter stuge of the abduction, as I)r.
Lubker was hustled into the car, was
witnessed by County Treasurer Wil
liam Conklin who at first thought that
the doctor was merely responding to
a hurry up sick call from the country.
« When he confided the incident to
friends a few minutes later the auto
mobile already was close to the Holt
county line and attempt to stop it
fruitless.
Friends are Indignant.
Both Doctor Lubker and Mrs. Lub
ker are licensed chiropractors and
practiced here for some years. .Sev
eral winters ago they went to Falls
City to care for the practice of a fel
tow chiropractor while he was away
and later the doctor returned her,
while Mrs. Lubker continued the prac
tice at Falls City. About a yeai ago
Mrs. Lubker instituted suit for divorce
at Falls City and obtained an order
that the doctor pay $80 a month for
support of the children pending a de
cree. This the doctor csi timed to do
until last March when he appealed
to the supreme court and the answer
day on it was set for Monday, at Lin
coln. In the meantime he had I wen
under bond to support the children.
Considerable indignation is ex
pressed here over the action of the
Richardson county men in handcuffing
the doctor and rushing him away but
partially dressed, as any charge
against him is a civil action and not
a criminal one, the support of the
children being guaranteed by his bond
on file in Richardson county. Local at
torneys believe the Richardson county
officers exceeded their authority and
that they are liable under the state’s
anti-kidnaping laws. Dr. Lubker’ is
prominent in north Nebraska as a
Kn lonilne 11 n to ol on ne,.i uimii nt’
the local chapter of the Izaak Walton
League.
The children have been cared for
since last November at the home of
Mrs. Eber Schoenauer, a sister of
Mrs. Lubker, who reside at I'lainview;
Mrs. Lubker has apparently aban
doned her residence at Kails City as
she gave her address as Omaha at a
recent hearing of her divorce action
in Falls City.
The following account of the diffi
culty appeared in a recent issue of the
World-Herald and tells Sheriff Davis’
side of the case;
Falls City and O’Neill, Richardson
and Holt counties, are arrayed against
each other in a dispute involving the
marital difficulties of Dr. C. H. I.ub-'
ker, chiropractor, who said Tuesday
he was forcibly kidnaped from his j
office in O’Neill Saturday morning and
driven handcuffed, without hat or
coat., 343 miles to Falls City, there
thrown into jail and held without
chance of giving bond until Monday
afternoon.
Sheriff Lewis L. Davies of Falls City
doesn’t like the chiropractor’* use of
the word “kidnaped," but he agrees
that he surprised the doctor in hi*
office Saturday about 9:30 a. m., after
going to O'Neill *he night before,
he took him although “he hollered
plenty" into hi* car and whisked him
out of town, hatless and coatle**, be
fore the gaping crowd in the street
knew just what wa* going on.
The sheriff wa* helped by Homer
Xirk of Falls City.
"I got tired of the huraeplay up
there at O'Neill," said the snerilf.
"Judge Raper gave me a bench war
ir.iit fur the arrest of the doctor, and
the warrant said, ’Bring him forth
with,' M I grabbed the doctor out of
hia office mid brought hint ‘forthwith’!
to Fall* City. He wanted to get hold
of his attorney, but I didn’t give him
a chance.”
The warrant for the doctor’s arrest
charged him with contempt of court,
alleging failure to pay $80 a month
support money for his five children.
At a hearing in Falls City Monday,
the doctor gave bond for the payment
of $40 a month, and gave bond also
for his appearance later on the con
tempt charge.
Dr. Lubker says his wife, from whom
he has been separated since early in
1926 has twice brought suit for di
vorce, and twice been denied* a decree.
He was served with papers in a third
suit, at the hearing Monday.
At Falls City yesterday Judge Ra
per was quoted as expressing the hope
that the divorce suit could be settled
by agreement, and that the agreement
would include a provision that no ac
tion be taken against Sheriff Davies.
Mr. and Mrs. Robert Larson, of
Pilger, and Mr, and Mrs. M. E.
Schrieber, of Wisner, were guests of
Mr. and Mrs. J. B. Mellor during the
golf tournament.
BRICK BATS.
One hundred fifty years ago an
eagle egg was hatched. The baby
eagle, eyes aklow, a dare at once
dispatched to him, the king of every
beast, the British lion bold, whose
jungle stretched south, west and east,
whose road turned victims cold.
“Aha! There’s tidings from the
west,” the mighty lion roared. “Tht
eagle chick must be suppressed. I’ll
nail him to a board. No mangy eag
let ever born can make u bum of me.
He must have sipped fermented corn.
He claims that he is free.” They
staged a red-hot, nifty row, mid fly
ing fuzz and hair; the eagle made
the lion cow, and chased him to his
lair. Today that eagle’s wings are
spread o’er mountain, sea and plain;
the cause-of freedom he has led. he’s
stopped monarchy’s reign. He is the
emblem, as you see, that brightens
mandind’s way—the spirit, “Love of
Liberty”—so let us work and pray
to well deserve our heritage in what
we do or say; let’s not forget our
history’s page on Independence day.—
Brick Smith.
PLEASANT VALLEY.
Ronald Grass was sick last week
with the flu.
Mrs. Frank Snyder was sick last
week with a bad case of the 'flu.
Lura Grass spent Tuesday after
noon visiting with Alma Harris.
Edward Grass, wife and son
visited at the Harley Fox home Sun
day.
Mrs. Cora R. Hamilton visited Fri
day afternoon at the Charlie Grass
home.
Ralph Pribil has been busy fiillng
in the school yard in District 23 last
week.
Claude Hamilton and mother visit
ed Thursday evening at the Percy
Grass home.
Percy Grass and sons and Claude
Hamilton autoed up to the Niobrara
river Friday.
Mr. and Mrs. Frank Snyder visited
Sunday with their daughter Miss
George Fink.
Mrs. L. E. Grass returned to
O’Neill Sunday after a week’s visit
in the country.
Edward Grass, wife and son, Lau
renoe, visited Saturday at the Floyd
McIntosh place.
Claude Hamilton L. R. Hough, of
O’Neill and Charles Grass autoed to
Creighton Sunday.
Edward Grass, wife and son, Lau
rence, ol' Bloomfield, visited this week
at the Percy Grass home.
Mrs. Frank Allen entertained the
N. O. K. club Thursday afternoon.. A
delicious lunch was served which
was enjoyed by all.
Mr. and Mrs. L. K. Hough, of
O’Neill and Lura Grass autoed over
Lt lb. L- Vriouf Daelr Qoinvrlnu nSnVtl
where they enjoyed a picnic supper.
Mrs. Lucy E. Grass, of O’Neill,
spent this week visiting at the home
of her daughter, Mrs. Cora Hamilton
and sons, Percy Grass and Charlie
Grass.
SURROUNDING AND
PI.EASANTV1EW ITEMS
Judge Fullerton spent Sunday at
Ord.
Oscar Fullerton Jr. called on his
parents Monday afternoon.
Mr. and Mrs. Bert Freed entertuined
friends ut their home Sunday even
ing.
Alvin Walnofer delivered corn to
August Brinkman Saturday in At
kinson.
Mr. and Mrs. Ralph Ries visited
her uncle, Henry tinge! und family,
Sunday.
Mrs. John Luwyer und children vis
ited her sister Mrs. Joe Kubik and
family Wednesday.
Mrs. Karl Houts and daughter were
cullers at the Robert Fullerton home
Saturday afternoon.
Mr. uud Mrs. Herman Klingler call
ed on Mr, and Mrs, Walter Bochee anti
son, Sunday evening.
Rev. Gummet preached to a well
•Died house Sunday at the home of
Mr. and Mrs. C. A. Strong.
Mrs. Hise, of Atkinson, Mr. and
Mr* Bert Freed visited at the Sample
home near Emmet Sunday.
Mr*. Lillie Steskal and daughter,
I‘earl, slant Sunday afternoon with
her^ daughter, lutura and son.
Ed Steskal and aons, Alvin W'al
nofer and daughter. Viola, visited
Charles II. Diehl Sunday afternoon.
Mr*. Emma llalin and son, Ray
mond. of Norfolk, are visiting her
brother, Walter Horhee and family.
Mr. and Mrs. Herman Klingler, of
O’Neill, Mr*. Albert Klingler vlalted
relatives in Norfolk and Platte Cen
ter last week.
SUPERVISOR’S PROCEEDINGS.
(Continued"from page nine.)
(38), Township Twenty-seven (27),
Range Thirteen (18), West, and be
tween Sections Thirty-three (33) and
Thirty-four (34), Township Twenty
seven (27), Range Thirteen (13)
West, are open and traveled roads
and have been for more than ten
years last past, and I hereby request
the County Board of Holt County to
declare same public road by user.
Further deponent sayeth not.
W. GILMAN.
Subscribed and sworn to before me
this 15th day of May, 1928.
R. ADAMS,
(Seal) Notary Public.
Mr. Chairman: In reference to the
affidavit of Warren Gilman, it ap
pearing that this is an open and trav
eled road and has been for more than
ten years last past.
Therefore, I move you that the
road described in the above mentioned
affidavit be declared a public road by
user and that the County Surveyor be
instructed to survey and plat the
same.
HUGH L. JAMES.
L. E. SKIDMORE.
Upon the above resolution being
put to vote by the Chairman it was
declared carried and so ordered.
The following claims were audited
and approved and on motion allowed
on the General fund:
Edith Sexsmith - — $90.00
Mrs. Luella Parker 206.66
Inez O’Connell 91.66
E. F. Porter 172.18
C. J. Malone 183.33
Margeret Sullivan 90.00
Harry Bowen 1100.00
Peter W. Duffy 169.00
C. C. Bergstrom 136.50
Grace Joyce — — 104.17
Mrs. Luella Parker 59.28
Ira H. Moss 183.33
C. D. Keyes 51.00
Dellu Harnish 90.00
Elizabeth Eggleston . 90.00
Peter W. Duffy 58.00
. C. Bergstrom 127.00
Dorothy Enright 90.00
At 12 o’clock noon on motion board
adjourned until 1 o’clock p. m.
JOHN SULLIVAN, Chairman.
E. F. PORTER, Clerk.
O’Neill, May 22, 1928, 1 p. m.
Board met pursuant to adjourn
ment. All members present but Nel
lis.
Board called to order by the Chair
man.
Delegation from Stuart Township
appeared before the board in the in
terest of a petition for Mr. John Stein
hauser to fill the vacancy of Super
visor in the 6th District caused by the
resignation of Mr. C. B. Nellis to th^J.
office.
To the Honorable Board of Supervi
sors of Holt County, Nebraska:
We, the undersigned tax payers and
legal voters in the sixth supervisor’s
district of Holt County. Nebraska,
and each of us being qualified to sign
this petition do hereby respectfully
request that your Honorable Body ap
point Mr. John Steinhauser to fill va
cancy on your board caused by the
resignation of Mr. C. B. Nellis..
Mr. John Steinhauser having re
ceived the nomination for the office of
j Supervisor at the Jast Primary Elect
! ion by both the Republican party and
the Democrat party and he is there,
fore, the choice of the tax payers and
voters of this district.
Signed by 212 names.
State of Nebraska, County of Holt, ss:
James C. Flannigan being first
duly sworn deposes and says that he
is the circulator of the foregoing pe
tition containing 212 signatures, that
each person whose name appears on
said petition personally signed said
petition and that each signature is
correct, that each petitioner when he
signed said petition was a legal voter
in said district and county, that each
knew the nature and the same was
stated by the effiant to each petitioner
before he affixed his signature.
JAMES C. FLANNIGAN.
S'lhsei -bed and.sworn to before me
a notary public this 22nd day of May,
16^8
(Seal) B. C.ENGLER,
Notary Public.
Motion by Skidmore seconded by
James that the prayer of the peti
tion be granted.
Upon the motion being put to vote
by the Chairman it was declared car
ried and Mr. Steinhauser was declar
ed the Supervisor of the t»th District
to fill the vacancy.
At 5 o’clock on motion board ad
journed untid May 23rd, 1928, at 9
o’clock a. m.
JOHN SULLIVAN, Chairman.
E. F. PORTER. Clerk.
O’Neill, May 23, 1928, 9 a. m.
Board met pusuant to adjourn
ment. All members present.
Board called to order by the Chair
man. Minutes for May 22, 1928, read
and approved.
Chairman appointed Mr. McKim
and Mr. James a committee to ascer
tain if the bond of John Steinhauser
as supervisor in the Oth District to
fill vacancy had been filed and ap
proved by the County Judge.
Committee reported that Mr. Stein
hauser’s bond was on file and had been
approved by the County Judge.
The Chairman appointed Mr. Stein
hauser to the committees made vacant
by the resignation of Mr. Nellis.
The following claims were audited
and approved and on motion allowed
on the Road Dragging fund:
Arthur Rouse $2.501
Ralph Chase 30.00
Lewis Sobotku 01.00
C. K. Hull 16.75
John W. Nauchtman 2.10
Kd Welton 24.78
Cal Gary 13.20
W. T. McElvain 20.00
Hereto A. Richards 12.56
Robert Wright 22.50
Dennis McCarthy 5.00
D. J. Sullivan 10.00
Fred Grandurf . 8.40
Geo. A. French 9.HO
L. E. Jonas 10.00
Ed Dumped 24.60
Francis Iktnohoe 7.00
Cha*. K. Berger 19 00;
Charlie Lynn 5.00;
Ralph Chase 15.00;
G. E. Moor 5J»|
Charles Carter , ... 5.001
L H. Steinhauser _ 56.00
Henry Timmermans _ 19.20
Nebr. Culvert & Mfg. Co._ 8.00
Jenkinson 10.00
Henry Kohler 28.00
Dell Tindall 14.00
Gerald Graham _ 15.40
Juhn Shoemaker __ 12.70
nee Calally 13.00
Herbert Steinberg 19.60
Ed Sparks 10.00
otto Lorenz . 17.85
James Donohoe _ 4.20
Hoy Knapp 21.00
Whereas it appears to the Board
rom the report of the County Treas
rer that the amount of public mon
eys which the treasurer desires to de
posit in the banks within the county
exceeds fifty per cent of the paid
capital and surplus of all the banks
within the county, and,
Whereas, the County Treasurer de
sires to deposit in such banks in ex
cess of one-half of the paid capital
and surplus
Now therefore, I move that consent
be given said county treasurer to de
posit public money in the banks with
in the county in excess of one half of
ihetpaid capital and surplpus, in the
manner and subject to the restrictions
imposed by law, to-wit: within the
bond provided and in no case, regard
less of the amount of bond, in excess
of the paid capital and surplus.
L. E. SKIDMORE.
HUGH L. JAMES.
Upon the above motion being put
to vote by the Chairman it was de
clared carried.
At 12 o’clock Noon on motion board
adjourned until 1 o’clock p. m.
JOHN SULLIVAN, Chairman.
E. F. PORTER, Clerk.
O’Neill, May 23, 1928, 1 p. m.
Board met pursuant to adjourn
ment. All members present.
Board called to ordter by the Chair
m u n
The following claims were audited
and approved and on motion allowed
on the Road fund:
John Bond _ $110.00
William Hubby . 10.00
J. Vaughn . .... 18.00
Lee Cokley ... 59.70
George Goldfuss __ 5.00
C. E. Freouf _ 10.00
Hugh L. James ___ 22.10
O’Neill Gas & Oil Co.178.24
Leon Mellor 58.90
J. H. Quinn .. __ 27.50
C. J. Taylor __ 35.00
Roy Spendler . 25.00
Richard Minton _ 110.00
H. R. Sprague _ 146.50
Quentin Witherwax 9.00
E. H. White 6.80
E. A. Bouska . 105.00
J. E. Wiley 15.00
Wm. Mulligan 4.00
Seth Noble . . 21.70
C. J. Taylor 38.50
C. F. Hull 31.00
H. R. Sprague ..._ . 111.20
Wm. Jutte ... 104.80
Jutte William 104.80
O’Neill Battery Station 17.28
Henry Hull . 6.75
Elmer Hull 51.25
Hanse Nelson _ 119.60
American Express Co. _ .84
Ray Aldridge 2.50
Clarence Hicks __ 5.00
Ed Williams . 116.66
August. Karl 10.00
John Sullivan I 13.00
Jas. Davidson L 15.33
Halsey Hull ... 174.00
A. L. Burg _ 30.00
Joe Schaaf 3..00
Lloyd Gibson 62.86
Wallace Weller _ 100.00
George White 7.00
R. E. Gallagher 60.75
John Wrede 112.88
Standard Oil Co. . ... - 121.72
Tom White 105.05
The board devoted some time in
conference with John C. Gallagher in
regard to collecting delinquent per
sonal tux.
Mr. Richardson appeared before
the board in the matter of some work
on county road south of Phoenix.
At 5 o’clock p. m. on motion board
adjourned until May 24, 1928, at 9
o’clock a. m.
JOHN SULLIVAN. Chairman.
E. F. PORTER, Clerk.
O’Neill, May 24, 1928, 9 a. m.
board met pursuant to adjourn
ment. All members present.
Board called to order by the Chair
man. Minutes for May 23rd read and
approved.
The following claims were audited
and approved and on motion allowed
on the Road Fund:
L. £. Skidmore . $13.00
Hugh L. James 5.50
O’Neill Battery Station 7.45
Dickson & Raymyer ... 2.25
F. M. Keating 05.00
John Shoemaker 25.00
F. Gibson 0-50
M. Campbell & Sen 137.72
Mellor Motor Co. 130.50
The following claims were audited
and approved and on motion allowed
on the Bridge fund:
L. C. McKim $43.00
('. C. Henkel 27.35
F. M. Keeting 12.35
Fred H. Swingley 60.00
c. b. Huii m
Old Ironsides Paint Co. 5.13
George Syfle 9.70
B? F. Porter 7.50
M. Campbell & Son 10.55
Ralph Chase 21.00
Clinton McKim . 12.00
Nye Jtllkl Crain Co. 15.57
Herb Jansen 14.00
On motion the claim of S. W. :
Kelley Editor of the Atkinson Graph
ic for $03.75 was allowed in the sum
of $10.50.
At 12 o’clock m. on motion board ad
joruned until 1 o’clock p. m.
JOHN SULLIVAN, Chairman.
E. F. PORTER, Clerk.
O’Neill, May 24. 1928. 1 p. m.
Hoard met pursuant to adjourn-,
mrnt. All members present.
Board called to order by the Chair-j
man.
On motion the claim of Frank J.
Brady for $10,00 for use of office for
township voting place was allowed in
the sum of $8,00,
The following claims were audited
ami approved and on motion allowed
on the General fund
In-oartmen! of Public Wel
fare $35.76
Chase & Livingston 13.70
\ ' Frost 1000
I Referees Saie Of Land I
I July 9th, 1928 I
I At 2:00 o'clock P. M. I
I AT COURT HOUSE, O’NEILL, NEBR. I
jg The Northeast Quarter of Section 6, Town- «
S ship 29, Range 13, Holt County, Nebraska, ®
H containing 160 acres according to the Govern- m
H ment Survey and the record plat thereof. 9
H By virtue of an order of sale issued out of 9
I the District Court of Otoe County, Nebraska, S
9 in a cause entitled Lillie M. Butt vs. Anna K. I
fi Morgan et al., the undersigned referee will 9
B sell the above land at public sale on terms as 9
9 follows: 9
I TERMS OF SALE: 15 per cent of sale I
5 price to be paid in cash at time of sale, bal- ■
9 ance to be paid on confirmation and delivery B
ft of referee’s deed. Land to lie sold subject to f ifs
jp the present tenancy which expires March 1, fi
p 1929, free and clear of liens, but with rent un- |j
H der present lease reserved. I
■ Abstract of title furnished and which ab- K
1 stract may be examined at the office of the B
9 undersigned referee. S
||||| » BB|
B Sale open one hour. For further informa- B
I tion inquire. B
I Julius D. Gronin, Referee I
I O’Neill, Nebraska. I
I _
Luella Parker _ 237.50
Dr. J. P. Gilligan 8.00
J. P. Gilligan 8.00
Zion Institutions 11.20
Ethel Hiatt 1.45
Mrs. Susie Horiskey 2.66
John L. Quig 5.00
Walrath & Sherwood Co. „ 13.60
Harry L. Cowles ... _ 80.00
J. P. Gilligan _ 11.00
Zion Institutions • 33.15
M. Campbell & Sons 24.75
Burroughs Adding Mch. Co. .. 1.50
Van Zandt Bros. . __• 6.00
J. N. Stauffer ... 1.70
The Trenton Emblem Co. 43.80
W. B. Graves .4.25
W. B. Hagler _ 5.00
E. H. Baker 16.25
Atkinson Graphic 63.75
E. Gibson 10.40
John Sullivan . 15.50
John Steinhauser .. 16.40
The Frontier . 35.80
The Frontier 32.10
H. J. Hammond 10.00
St. Joseph’s Home 154.00
Merlin Butler 20.00
Barbara Lee ._.. 7.00
W. B. Hagler 20.00
R. H. Fink 17.60
L. C. McKim ... ..' 19.40
L. E. Skidmore . 26.00
Hugh L. James . 22.20
(Continued on page four.)
/
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