The news-herald. (Plattsmouth, Neb.) 1909-1911, February 28, 1910, Image 1

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    KtUuU fiutt ttit fla
NlWS, Established Nov. 1, 1S91
HERALD. Established April 16, 1864
Consolidated Jan. L 1896
Motion to Take Case From
the Jury Overruled by
the Court.
Defendant Attempts to Show that
He Is a Resident ol Cummlngs
The state rested its case yesterday
afternoon about 4:30 having Intro-
duced evidence brought out by Mrs.
Ncligh, the complaining witness, her
father D. C. York Mrs. J. C. York
and Mrs. Gravitt, Bister of the com
plaining witness and her husband
Mr. Gravitt, showing that in Sptembcr
1008 Mrs. Neligh visited her parents
bringing with her some dishes, her
winter clothing and some bedding.
This was to show the intention of
defendant to change his residence
from Cummings County to Platts
mouth. It was shown that defendant
stated to . them at different times
that he would go buck to Wisner,
pell his crop of corn probably in the
field and load his potatoes and house-
Just n few left. Better
take one of these coats at
these prices.
Piatlsmouth Made
Heavy Ticking, Knit
15 Cents
Come and see them
Wescott's Sons
hold effects into a car and ship all
to Plattsmouth and make this his
As soon as the state had rested its
case, defendant's counsel filed a motion
to have the court direct a verdict
in favor of defendant. Judge Travis
directed the jury to be taken to the
equity court room and remain, pend
ing the argement on the motion. In
support of hismotion Attorney Gering
cited several authorities and argued
that the law required every criminal
prosecution to be brought in the
county where the was commited
and that the evidence introduced
failed to show that defendant had
ever in fact, since his marriage, re
sided in Cass county, for that reason
the suit could not be maintained,
and stated to the court that such
being the case it was useless to take
the time of the court and jury to
to try defendants side of the case.
Another feature to be considered was
the unpleasant details of defentants
case which when brought out would
reflect no credit on the complainant
and that the complaining witness
had her adaqutc remedy at law, if
the defendant owed her maintainanee
she could resort to her remedy and
compel him to pay the same. The
county attorney for the state also
cited authorities and argued that
the acts of the defendant together
with his statements constituted a
change of residence from Cummings
to Cass County,, and that when
Neligh returned to Cummings County
in September 1908 he deserted his
wife and was guilty under the law,
and that the defendant should be
tried here. Judge Travis took the
matter under advisement until 9
o'clock Thursday morning.
On the assembling of court this,
Thursday morning the court over
ruled defendant's motion and the
trial proceeded. The defendant put
eight witnesses on the stand to prove
the treatment received by him at
the hands of the complaining witness
and "also to prove his residence in
Cummings county. The case occupied
the attention of the court for a greater
part of the day.
Continued on Page 7
Hearing at Union.
The. State Railway Commission
have notified Attorney C. L. Graves
that they will come here on next
Wednesday to hold a hearing upon
his complaint filed against the Miss
ouri' Pacific. The complaint was
filed several weeks ago, setting forth
the condition of affairs in and about
the depot and asking that the Rail
way Commission order the company
to provide necessary and proper
depot facilities. The company, through
its attorney J. W. Orr of Atchison,
filed answer alleging that "Union
is not a growing or progressive town,"
and that "the building used as a
station is ample for all business done
at said station." These seem to be
the principal points' on which the
case will be contested. '
The case will be heard by the three
Railway Commissioners, beginning nt
1 o'clock next Wednesday after
noon, and it is probably that a number
of witnesses will be called to testify,
ami no doubt the hearing will altraet
many who are interested or have
a desire to hear the matter threshed
out after the form of court procedure.
Union Lnlycr.
Epworth League Meets.
Last evening the members of the
Epworth League held a very enter
taining meeting at the home of John
CrabilU on North Seventh street.
The amusement 'of the evening was
furnished by an electrical nroiecto-
graph which preformed much as a
magic lantern, throwing projections
on a screen. The features of indivi
j dual members of the party and scenes
J from nature were also projected forth
for the critical eye of the observers.
There were Rpvonvl
sense of the ludicrous is keen vio
were heard to smile aloud. A much
enjoyed evening was passed.
Had Cool Drive.
Charles Warner and son Fred drove
in from the farm this morning through
the cool morning air, and boarded
the early train for Omaha. Charles
complained a good deal about the
cold, and the slow mode of travel
via the horse route the roads being
a .little rough for his auto. He will
take a look at the flying machines
today and may bring one down
with him this evening. Charley
raised i few pigs this last year, and
can bu anything ho sees, provided
ho likeg it.
D. F. Kiser Gives to the Public a Testing Method Within
the Reach of All.
An Article of Seed Corn Testing Which Should be Read
' by Everybody.
How about your Seed Corn.
I have questioned many in Cass
county and also in Lincoln and Omaha
about their seed corn, and with no
exception, all who have tested to any
extent -have expressed themselves as
greatly surprised at the poor quality
of the corn which they had intended
for seed.
I am an old farmer and think I
am a fair judge of seed corn, and
after making several fair tests I am
positive that unless Cass County
farmers get fully awake to the seed
corn situation this county will not
raise halt a crop thN year, for by a
fair test I have found that nearly 90
percent of the corn failed to germinate.
And now I will try and help you out
of this predicament by showing you
how to make a tester that works
nicely and with no possibility of
getting mixed on the ears which arc
being tested. There are several good
ways for testing but I have found
the following the best of any which
I have tried:
Get a tinner to make a square tin
pan about the size to cover your
register if you have one. The sides
of the pan should be three-fourths
of an inch in heigch. Next get him to
cut strips of tin long enough to reach
from inside to opposite inside of pan
of the same width. Then have him
cut some more about twice as long as
the first ones of the same height and
bend them in squares likc'this:
so as to extend from one side of the
pan to the other. If the tinner can t
make it yourself. Get three 7-8
nch squares blocks each one four
nche? long. Place the first one cross
wise on the end of a long strip of tin,
ress on the block while vou bend
the tin up. Then hold to the block
while you press the tin tight against
it with another bloc1', then hold
to both blocks while vou bend the
tin over and down the next block,
but form the next square with the
third block. Continue making these
George Sltzman's Remains Laid
to Rest From Catholic Church
The hist rites were observed mi r
the remains of George Sitzman, one
of the pioneers o' this county, at St.
John's Catholic church in this city
this morning when the funeral iwtMim
arrived from Cedar Creek.
A large number of hneks
the remains at the arrival nf 'n 4
and all that was mortal of a much
respected citizen was tenderly born
to the'herse by old time frit nds of
the deceased. The pallbearers were:
Frank and Ciril Janda, Nadrcw Robb,
Donat, Louis Liner and Max
Price. At the church Father Sl.inn
had charge of the services and the
solemn cermonies of the Catholic
Catholic church were observed. Num
erous were the floral tributes sent
by sympathizing neighbors and friends
showing the high esteem in which
deceased was held by those who
knew.hiin best..
There survives to mourn the loss
of this kindly man, his widow Mrs.
F,va Sitzman and seven sons and
three daughters, as follos:Frank,
Charles August, Isadore, of Cedar
Creek, George of St. Joseph, Joseph
of Plattsmouth, Henry of Wahoo,
Mrs. Louis- Keezer and Mrs. Mike
Price of Plattsmouth, and Mrs. Chas
I laden of Cedar Creek.
squares until they reach across the
pan, then place it in the pan and next
to it a straight piece of tin. Then
continue till the pan is full of squares,
each of which will hold six grains of
Next get a board a foot wide.
Drive three inch headless nails 2
and 3-8 inches apart in rows each
way having as many nails lengthwise
in the board as there are squares length
wise in the pan. Drive the nails
through the board so that they pro
ject about evenly on eithe side of
the board. Next number the rows
on hoard and pan from bottom to
top by putting tto 1 outsi e the near
est left hand corner cup and also on
the board by the lower left hand
corner nail, and then set the board up
edgewise. Next shell six grains of
corn off of an ear and place it in the
nearest left square in pan and place
the ears on the nearest left hnnd
nail by causing the nail to pierce the
peth of the cob, and continue the
tho work in the two rows until it reach
es ihe end of the board. Then con
tinue till the first side of the board
is full and then fill the other side in
same way, but be sure and number
the cups to correspond with the ears
on the last side of the board.
When each cup has tho required
corn leave the ears for pointers where
they will not be disturbed. Then
put the pan of shelled corn on the
register and fill it with warm water,
keeping the corn in the water 24
hours, letting just enough heat to it
to keep to warm. Then let the main
part of the water off and fill each cup
by sprinkling Band in them and
cover with a damp cloth. Continue
to keep the corn damp and warm 72
hours more and you arc ready to
pick out your seed corn.
The Omaha Commercial club has
a good way for testing seed corn,
but their manner of finding the corre
sponding ears can be improved by
using nails as above stated.
Yours truly,
D. F. KISFR, Mynard.Ncb.
One Good Ear Containing 1,000
Kcrnals, Should Make 12 Bushels
Take the average ear of cornit.
contains from 000 to 1,000 kernals.
Each kcrnal planted should produce
a stalk, each stalk an ear. A dead
car planted should produce from
0000 to 1,000 stalks and each stalk
an car. A dear ear planted will
produce nothing that means a loss
of 1,000 ears or 12 1-2 bushels.
Twelve good ears of corn of average
size will plant an acre. Think how
the yield is cut down when one or
more of these twelve ears are not
capable of producing corn.
Tests in Nebraska show that not
enly one ear in twelve but six ears
in twelve are unfit to plant. Fanners
who have been producing from forty
to seventy bushels per acre during
the good seasons of the last few
years, will positively produes from
fifteen to thirty bushels if untested
seed corn is planted this year.
Mrs. Matilda J. Trice Dies. I
Yesterday morning at her residence i
on South Third street occurred the!
death of Mrs. Matilda J. Price, who;
hud resided in this county about;
twenty four years. Matilda J. Me-j
Cord was born in Hoon county Indiana I
August 5th 18-13, and when quite!
a small girl removed with her parents I
to Mills county Iowa, where bIic was
married to James StClair Price, June
14th 1SG6. They resided in Iowa
not far from tho ferry landing for a
aumber of years, and then removed
to. the big island south of tho Bur
lington bridge, where they lived until
Mr. lnco died some eleven years
ago. At that time the subject of
this sketch moved to Plattsmouth
where she has since resided. To
Mr. and Mrs. Price were born seven
children, one daughter died about
seven years ago, and one son the age
of two years. The surviving children
are:Mrs. Angelino Conant, Haxton,
Col., Mrs. Mary P. Piper, Plattsmouth,
Vern W. Price, Haxton, Col., (ilovven
Price and Clareneo F. Price both of
this city.
Mrs. Price early united with the
Christian church and wan a consistent
member during her lifu The funeral
services will bo conducted by Rev.
Luther Moore, at her late residence,
tomorrow, Friday at 1 o'clock P.M.
Interment will be made in the Horning
cemetery. The pallbears will be
Alf Edgerton, Tom Joy, A. McCreary,
Lee Pates, Walter Gochenour ami
lid Snodgrass.
Becomes Citizen.
John Stokr, formerly a subject
of Francis Joseph Emperor of Austria,
yesterday took the oath necessary,
and had issued to him his final papers
admitting him to citizenship in the
United States. Mr. Stokr took the
oath before Miss Jessie Robertson,
Deputy clerk of the district court.
He had made two efforts prior to
yesterday, the first having been wit
nessed by a naturalixcd citizen who
had taken his papers a day or two
too soon, was held by the depart
ment at Washington to be invalid.
The next trial was under the new
law which requires a naturalized
citizen to be able to speak the English
langauge, on this occasion Mr. Stokr
was required to wait until a ruling
could be had from the State ; de
partment. When it came it per
mitted those who had taken out
their first papers under tho old
law, to become "naturalized not
withstanding the applicant's in
ability to speak English. Under this
ruling Mr. Stokr was eligible to citizen
ship. Card of Thanks.
We wish to express our deepest
gratitude to all our neighbors and
friends for their kindly aid and sym
pathy during the sickness and burial
of our loved one.
Mrs. Eva Sitzman and Children.
Unconcious Underwear.
Fabrics to suit all tastes. Come and see.
The Home of Hart Schaffncr & Marx clothes
Manhattan Shirts Stetson Hats
Falter & Thierolf.
Value Giving Clothiers.
A Wesleyan Student Whose
Name Should be an In
spiration for Others.
Awarded First Honors by Judges
but Discovers Error and Gives
the Prize to Another.
It is seldom that a young man is
found with the honesty of Mr. Cross-
land, a student of the Nebraska
Wesleyan university of University
Place, the Methodist institution which
is turning out so many good men.
In a recent contest for tho oratorical
honors of the state, Mr. Crossland
was awarded the first place by the
judges. Later while by accident
ho was looking over the markings, he
discovered that a mistake had been
made which were it rectified would
give it to the representative of the
Catholic institution at Creighton col
lege in Omaha.
This error would in all probability
never have been discovered, but Mr.
Crossland promptly wired Francis
Mathews, thi young man who rep
resented the Creighton university
that the error had been made and that
tho honors belonged to Creighton
and not to Weslayan.
It is decidedly refreshing in this
ago when men are crowding each
other for a chance to get at the top,
to sec this instance of fairness from
one contestant of a college to a rival
of another institution of the same kind.
The name of Crosslapd should not be,
soon forgotten, but his example kept
beforo the ris;ng generation. This
is more a victory for the Wesleyan
university than the winning of a hun
dred state oritorical contests.
Mentor Suits give il
new kind of underwear
comfort no drawers to
slip down or to show
above trousers.
No shirt to crawl up
and no double thickness
above the waist. Very
elastic because knit on
spring needle machines.
Fit like a second skin
in fact, so in sympathy
with every line and
movement of the body
you don't know they are
That's why we call