Plattsmouth herald. (Plattsmouth, Nebraska) 1892-1894, October 06, 1892, Page 8, Image 8

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i i
J :
Called up in Justice Swearin
gon's Court
A ComDllcation of Legal Techni
calities Exhibited In the Car
nlshne Cases Now Pend
ing at Council Bluffs.
The World Herald thin morning
has the following to say eoneernin
the garnishee cases perilling in
Justice Sweari gen's court in Council
Mull's which were called up yester
day: .
"Twenty-live cases were .settled
without trial by the payment by
thi? defendants f tlie money
claimed from them, together with
court cr,i-t.-. Kighteen of the other
were found to be of no account be
cause of tin fact that the parties
..tied unJ ganiinhrd had nothing
coming to them 4tnin the I ;nrl i n Li -ton
A Missouri. The trial of the
lir.Ht case of the remaining twenty
live was .set foi yesterday, and it
was heard an 1 submitted, although
there was a mi iking l-.rl; of im
portant u i! ne.-e.-. The r-st for
this absence ue eloi.-rl v.'l.en the
attornej for the Sim i City parih-.s
showed an injtim't'oti proi un.l at
riattsiiioiiili, iiii;1 i.-stii-d Irom the
court of Hon. Samuel Ch.ipman in
a suit entitled ('. li. luk- and
others against i'. J. 1! inset! and
others. I.i tilis'silit the plaintitls
.are the railroad men whose wages
were garnished iu the twei.ty live
remaining units, and the defend
ants aiji" the parties who originally
held the claims against tlie plaiu
titfs, and who, it is alleged, trans
ferred without consideration and
fraudulently these claims to W. K.
Fruserat Siouv City for the purpose
of avoiding the Nebraska law. of
Iu the petition iu the injunction
it is recited that the alleged claims
were fraudulently transferred to
eraser, and the plaintitls declare
that it is impossible lor (lie suits
against them to be pushed here
without the assistance of the
J'latlsiuouth iiii-ii, who are alleged
to hav transferred their claims to
Fraser. They then-lore ask for an
injunction preventing the defend
ants from being present, aiding,
abetting, assisting or iu any man
ner helping in his suit by
giving tesliiiilnty, as witnesses or
any other manner. Judge Chap
man issued the injunction andthe
Sioux City panics have been driven
ti file an amended and substituted
petition iu all their suits mid have
attached special interrogatories
anil they ask the court tu order
the witnesses to be present and an
awer the name. It is thought iu Miis
manlier they cam compel the wit
nesses to be present and testify in
spite of the injunction.
The issuances of an injunction by
a Nebraska judge to prevent person
from appearing before a court in
the state .of 'own as witnesses
makes, the situation decidedly
The suits now pending here have
caused an immense lot of trouble
iu I'lattsiiioiith since they were
started. A number of the persons
wlio originally held the claims and
transferred them to Sioux City
parties have been arrested on ac
count of their alleged violation of
the Nebraska statute, and threats
have been made by the railroad
men against whom the garnish
meiis suits were brought to have
Webster and H. S. Dunkel of Sioux
City, who has been assisting in the
prosecution of the suits, arrested
if they are ever caught on Nebraska
Thirty Years Separated.
Allen Mecson of this city is en
jojinga visit from his brother ami
two sisters. This morning Mr.
Heeson of K'ed Oak, la., and Mrs.
Holmes of KUiot. la, and Mrs.
Tuhieol Prairie City,' Illinois, ar
rived to visit with their brother.
Allen Heeson.
It is the lirsl time in thirty years
that the four have been together,
although they have all met several
times dutii.g that period, but as it
happens it is Jhe fust time they
have all met at one time and Mr.
Heeson feels very proud over the
fact that they concluded to meet
with him.
II. A. Waterman A Son have at
last settled with the insurance com
panies for the loss sustained by the
recent fire. The opera house was
insured for .f.M.tKW. The insurance
company refused to pay the full
amount and Mr. Waterman settled
with them for yjl.htxi. As to the re
building of the opera house Mr.
Waterman has not as yet, made up
his mind as to the course he with
pursue, hut TllK HfikALD hope he
will conclude to rebuild at oner.
Good millet hay for sale by J. C.
Kikenbary. Leave orders at the
.Herald ofliee.
I nit me Ihtc. 'lay utter day, '
llencath these liable Kriin uud f'-ray '
I wonder it it's 1411111U to pay.
An. I sume t'liics I'm can-trained to say,
"Where Bin I ut?"
(In Tammany my thought will itay,
About my leaders cone Hstruy,
Who lift their h.'ailsutiil cry, "Nay, nay!'
Ami u sucli times I have to my,
"Where are they at ?"
For David Ueiuielt Hill I pray,
That he may seek the Letter way,
Vet does he riot so far astr.iy
Has David one tliut I must say,
"Where Is heut i"
The while h'Mise glimmers through tin
In v. h li ll I w tins a ill limn clay ;
I soiiietinii' I h ink I've lost th way.
An I then in he terne-s I say,
"Where is it at?"
Mon.lay afternoon a horse and
cart belonging to John Karnes ran
away and went a tearing flown
Main street and at the comer o
Main and Fourth street collid--'
with Harvey Sago, throwing him
down breaking his b it arm 'at th
eloo.v, liesnies olllerwi-e l.riiisitig
A free
for all light occurred this
at Hernia a Kleit-ch's
in which Jake. Cullman,
'Herman Ivb itsch,
I'led Kgeiibcrgcr
Were v TJ proiliill
(en. Hillings,
md MalK While
ill, Coll man and
While be
The matt
ng somewhat du-iigured.
r i.s being aired in police
court as 'f I Hi II goes to pre-s.
The republicans county co'iveii
was the most harmonious one held
in years, which is an evidence that
the lYpiihlica'i.-, ale working in
iinsinn. 1 lie tu'Ket iioimimtcii is
one that commends itself to the
voters of Cass county. The nomi
nees are all well-known in Cass
county and are all well qualified
for the office they aspire too. TllK
IlENAUi predicts that the whole
ticket will be elected with good
The Kagle Kaglet of last week has
the following to say: "Last week
two strangers ciuie to Khuwood on
a farm buying expedition. After
lookingat several and entering into
negotiations they succeeded in
passing two checks through the
banks for $17 each, with the forged
signature of Walter Adams of Kagle
attached. As soon as the i hecks
passed through the clearing house
and were presented for payment to
the Hank of Kagle the forgery was
A LAN'PM AKK ( .D.Nli.
Another old landmark was de
stroyed by fire at l'-':: p. in. at Ne
hawka yesterday. The frame
school house, which was built iu
Witt, was burned to the ground. It
was valued at ,f:K) with no insur
ance. A new school building, to
cost IfCi.lXK) will soon be erected.
(rover Cleveland has written
other letter.
Several freight cars ran off the
track at Grand Island yesterday,
uud, while the railroad employes
were getting them on, a crowd
gathered around. John Iuiuiel was
among the onlooks, and when the
engine pulled the cars by a long
iron rope the link slipped. Hew
through the air like a shot, and
struck Inline! in the cheek, literally
tearing it open from the cheek bone
down. The link penetrated so deep
that it had to be pulled out. The
molar bom; is compeletly gone.
Innnel remained conscious through
it all, even during the two hours it
took the surgeons who attended to
bandage the wound. It is now be
lieved that he may recover. Ini
mel's home is in Indiana, and he
arrived there but a few weeks ago.
A dispatch iu the morning papers
dated at Keewanee, 111., says:
"Nebraska on Wheels" was sailing
today over territory visited last
year and no less than Kl.iKK) visited
the train at Oneida, (inKi, and Ke
wanee. The train was opened this
evening to accomodate the crowd.
v... i. : i . , ,
.oiiniig worus oi praise was
heard on all sides and they all say,
"We believe you." Several heavy
land owners and money lenders
have visited the train today, and all
say they think their investments are
first class.
r. H. Moore, one of the advisory
board, has gone into Chicago to per
fect arrangements with the Wabash
road for our eastern trip. Tumor
row the train will complete its tour
over the Hurlington route, iroinir to
Chicago and leaving early Wednes
day morning for North Winchester,
Ind. District fair officials of Water
loo, Ind., wired the exhibit manage
ment today requesting the train to
visit them this week. Owing to the
route being billed in advance it was
impossible to comply with their
(Juite a sensation was caused on
train No. 3 at the Ashland depot
last evening. Seven young hood-
hints went down to Ashland on the
freight in the morning from Lin
coln, arriving there at 3 o'clock.
Several robberies were committed
during the day, and some money
stolen, and suspicion was directed
to this gang of seven. The officers
followed them to the depot, and
when about to arrest them they
rushed upon the cars, followed by
the officers. A chase through the
cars took place and they were
finally captured and searched.
Considerate amounts of money and
also a lady 'a gold watch were found
secreted upon them. It ia gen
erally believed to be a gang whose
capture would b-j of . interest lo
some community.
Anderson Koot of Murray, has
sold his farm and w ill now have a
pub'ic sale on the 14th, selling oil
his stock.etc Mr. Koot contemplates
removing his family to either
Ari.ona or California In the t-priug.
k'ev. H. U. Htirgessj met with a
painful accident Monday. A horse J
was tied on Main street and became
entangled with a hydrant and the
harness, when assistance was
secured and the horse was released,
it in some manner struck Mr.
liiirgess and he fell upon the pave
ment with such force us to render
him unecnseioiis for some time.
loilay lie is reported to be getting
ilong nicel V.
sti-i koot will will si
11 idiot
on J-'ri-bis
his h,ck
t public am t ion
day h-tober Hth I S'J
in another column.
Deputy I. ibor Coinmis-iouer
Philip Andres made the following
public: "The acreage ot wheat iu
KM was !:'.'V;i7, the yield lD,i)K:iXl,
ba.-ed upon the report of the I'nited
States Agricultutv.l department.
The acreage of wheat in K1'- is and the crop will probably
reach Sti per cent of last year's. The
estimated increase in acreage in
KM will be S per cent, based upon
reports received up to date. It is
certainly too t-arly hi the season to
give any accurate figures."
I'Dt.Ks' AI.t,Ki.IiD I'AI'liK.
The case, on yesterday, was ably
and clearly afgtied by C. S. Polk on
behalf of the city. A case
was called-an injunction case
and a demurrer was argued by a
young lawyer in a very forcible and
able manner; and tlie impressive
ness continued.
The stoue quarries at Cedar Creek
are doing a big business, last week
ItV) car loads of stout was shipped
from there.
The Fremont Tribune in speak
ing about the joint debate at Craw-
ford between J. K. Frick of Kreii.ont
and Matthew tiering of this city
says: "Gering i.s not a student of
the questions of the day. His
education along these lines is
derived principally from the edi
torials of second-rate democratic
newspapers, catch phrases, befogg
ing ami misleading statements,
half-told facts, which are worse
than the lie outright. lie tugged
and strained to tower up to Mr.
Frick's height, but it was no use, he
was a pigmy still. He lost himself
in the maze of his own glowing
rhetoric. He skipped and gamboled j
about among the propositions laid
down by Mr. Frick.but he disturbed
them not. His Kuglish was good,
his rhetoric faultless, his manner
pleasing, but he produced no facts,
established no principles, and left
his hearers unsatisfied with lame
conclusions. This morning no
democrats could be found. Mr.
Frick's plain, matter-of-fact manner
and his candor go a great way iu
fixing principles anil facts."
State Superintendent of Public
Instruction Cloudy has announced
the following decisions upon ques
tion raised iu regard to the inter
pretation of the school law: The
board of education in a city may
make and enforce a regulation
making the suspension of a pupil
the punishment for injury to or de
struction of city property. It is not
necessary to the validity of a vote
cast at a school meeting that the
voter shall be cither a citizen of the
United States or that he shall have
ueciareu lus intention to Decoine a
citizen. In the employment of a
teacher the board is not bound by
any action ihe voters may take
relative thereto at the annual meet
ing. The tdattitcs empower the
board to select and to contract with
teachers. The only conditions that
entitle one to school privileges in a
given district are school age and
residence in the district. The fact
that one owns property iu the dis
gives him no school rights. Super
intendent Cioudy renfVirms the de
cision of Superintendent Lane made
several years ago to the etfect that
a school board has no right to
make a contract with a teacher,
which contract is to be wholly or
largely carried out in the year fob
lowing that for which the board was
organ ir.ecL
-m joe
$Zv H IBuy, uilh or Man. li he vvani
1 bv m ?4iylt uml at lite ame thnv
Peace Reigns Supreme
Hitchcock County.
The County Seat War Enas In the
Demand that County Cfflcers
Be Held for Contempt
All la Quiet.
Ccliikktsox. Neb., Oct. 4 The
county seat war ended very sud
denly about daylight this morning.
Adjutant General Vifquain, iu re
sponse to a telegram received by
linn at hxeter yesterday in two
hours had four companies of mili
tia ready to move and trains
steamed up to carry them to the
seat of war. He then boarded the
flyer, and arriving at Culbertson at
2 o'clock this morning wentdirectly
to Sheriff H. A. Dennis' house,
routed him out of bed and to
together they went to the court
house, where but six men were on
guard. The general informed the
officer that he must exhaust all his
resources before the power of the
state conld be called, which it was
plain he had not done, and ordered
him to go forthwith to Trenton, re
turn with the records and stop fool
ing, all of which was obeyed with
1 lie Hitchcock county suit
trouble began six years ago, an
election having been held Novem
ber 111, ISSil, which resulted in a vic
tory for Culbertson. the vote stand
ing three to one. Two years later
Trenton attempted to call a second
election but failed.
The Trenton people made the last
petition June Z, 1W-, to which
Culbertson excepted, but owing to
a majority of the county coauuis
sionera being iu sympathy with
Trenton the Culbertson people
were refused permission to tile i
remonstrance or contradict the
petition, which fact constituted one
id the main points iu the case in
error brought by the Culbertson
people in the supreme court.
The election was held Julylti, lM'.fJ
and resulted in n majority of three
votes in favor of the Trenton con
test. I'roceedmgs were at once
begun in the district court, which
will be taken to the supreme court
na soon as a transcript can be
A few days ago the officers, who
are all Trenton men eiccnt the
tint PIOMH
Must Hny of
FRIDAY, OCT. 14, 1892
At my farm South of Murray, the
following property, to-wit :
4- head of horses and colts.
40 head of cattle, consisting of milk
cows and heifers.
25 head of hogs.
1,."XK) bushels of oats.
Having sold my farm everything must be sold and
Will Go to the Highest Bidd
Come out and buy, for I have just what you want.
Sale begins promptly at 10 o'clock a. m.
coroner and the commissioner,
were served with a restraining
order enjoining them from remov
ing the records, but they refused to
accept the service by wire and
there is where the light began. The
clerk and treasurer took an active
part iu the removal, whi'.e the
sherilf declared he could do noth
ing. As many as fifty shots were
11 red last Sunday, and at one time
four men were stood up iu a row to
lie shot. Had a man been killed or
even wounded, a bloody riot would
have ensued. Thirty wagon loads
of armed men came in from Tren
ton, kicked in the court house door
and began carrying out the records
when the firing began. The city
marshal called out the entire popu
lation, with all sorts of weapons.
Luckily no blood was shed, and to
day both parties are laughing over
their foolishness.
General Vifquain this morning
wired Acting Governor Majors that
peace had been restoied andthe
records returned. He has dismissed
the. militia and released the trains.
Had the sheriff done his duty the
state could have been .saved about
$700. Vifquain read the sheriff a
3 two-horse wagons.
- buggies.
1 road cart.
And all of my farm tools and
In ilistrk t court Cuss count v, Xi-lirn-V'
Joitulliiiii Adam, pluintill.
vs. 1
dairies Miirliu, MaK'l"liiie Martin, (it
U. BOW, UIIXilDl'lll KlIHO IIIKl M. S. f
hut l!irt tiiiuif unknown, liU-ft-mltintf
Tiiuliovt- mimed ilcfemliiutH.
iii will tnke not ice iu,t on the K'tli (k
in .-M-iiriimrr i!;r.-, jutintliHri Admits
Ins iii-titiiiii in the district court of Cn
uniiiiv. Aciiriiskii.t I,.ct imd prav.
i.i vv hu ll lire to set nsidc deeds of Client.
. Hurt, in to dnirles Martin; duirli
. iiiMiu iiiiii .laKiioiine Martin to (ietirv
. m 'irK';, KO!,e imd KllnlV..
i-V. i t .'i r I,"'".'"' '"rot mime Vin
, i. i,,n,,IMK luwcrihei nroV
ty. to wit: '1 lie north half i.,i fii,i ... f
weM iiniirter, ('4i of the nort'lieiiHt nunrt J
Oil nl section twenty-six UDi towiisl I
.cne ini, runup twelve I2 Cuss conn
Neliriisk.i.mid to quiet title of plaintiff,
and to the iiIiovn tlescrilied MctuiseHt'
reason of the oihii adverse iierinissi
ofnlaiutiH mid his Knintors: Vii . re
fpiired to answer nn or liefnre the 17 th it
Notice of Lease of School Lands
Xotieeis hereby KV1. tlmf f, ,
mid contracts on the fllwiK descrhV
school Imuls have U-eti cancelled l,v t' f educational lauds mid fund's m
if not reinstated l.y puvmetit of del
ipient interest or lease rental due si
lands will he ottered for lease ,v
in oi v ass coir i
1'Ji "t'V.'.-.,llv.V" "''th day of X.'.f k
lti liW' ' X"
I luted I.Iii.-mI ,1 f I..4 1 fut.A
Com. Public Ln'ii'di. ind lluiu.
Those who have not taken
ti-iuiv r,..i ,,
...v.. inn iirtinraiuaiion papt
snouia uo so at once for after
seventh It will be too late.
i, ,1 in