The news-herald. (Plattsmouth, Neb.) 1909-1911, March 21, 1910, Image 1

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NlWS. EUblihed Not. 5. 1991 I rnMA, i. i lax
HERALD. EUbU.hd April 16. 1864 CoMolidted Jln-1- 1896
vol. xlvi no. ue
Opinion of Supreme Court
in Murder Case Has been
Under Consideration.
Report as Given by State Journal
In that Paper This Morning
Interesting Reading.
The following is the syllabus just
issued by the supreme court wherein
the reasons arc stated for its reversion
ia the well known Cass County mur
der case.
Clarence vs. State, Error, Cass.
Reversed and remanded. Reese C. J.
1. Upon a trial of accused under
a charge of murder, certain witnesses
testified that they were in a corn crib
shoveling corn into a slieller and that at
the time of the tragedy they were
standing upon corn in a crib not yet
removed, and,' looking through an
opening between the boards consti
tuting the wall of the crib witnessed
the affair which resulted in the death
of the deceased, their testimony being
favorable to the defendant and his
theory of self defense. At the time
of the shooting of the deceased there
was a team and wagon and the corn
of the instructions already given and
of the use of words "at least," the in
struction was prejudicial error.
4. The jury are the sole judges of
what is shown in the testimony of
the witnesses. An instruction which
iinforms the jury that certain facts
arc shown by a witness, naming him,
and quoting his testimony, is errone
ous as ,usurping the function of the
jury. It is for them to say whether
the testimony of the witness estab
lishes the fact detailed.
5. I is error to submit the ques
tion of the materiality of evidence to
the jury before whom the case is being
In Justice Court.
(From Saturday's Dally)
The old case of the Frank Moipan
estate vs. Fred Murphy, for the se
cuiing of $0!) owed the plaintiff lor
clothes purchased at the Morgan store,
was brought up yesterday in the
justice's court, and the matter now
rests in the hands of the judge w ho w ill
make his decision Monday morning.
The case was first filed in the court No
vember 8, 190!) since which time Mr.
Morgan died, the case being carried
along by his wife. The matter is so
ancient that it would have been out
lawed from the courts long ago had
the defendant not been out of the coun
try for some time. Murphy is a clerk
in the United States War Depart
ment and for sonic time was stationed
in Cuba where the summons of this
court could not reach him.
The case was tried last December
and a judgement secured against
Murphy but the man did not possess
enough personal property to pay for
the amount of the claim.
According to the laws of Nebraska
in a case of this kind, the property
of the man's wife stands liable, if the
man s property is not ol surticient
Conrad Schlater, One of Cass County's Oldest Citizens
Passes Away at His Home.
Seventy-Eight Years of Age at Time of Death Most of
Which Were Spent in Cass County.
Todays Legal Doings.
(From Saturday's Dally)
A petition for divorce was filed
today at the office of the district clerk
by Mrs. Nellie Brittain on the grounds
of cruelty, desertion and drunkeness
on the part of her husband Walter
Brittain. Brittain is an employee
of the Burlington Railway in this city,
and the father of two young children.
The case w ill be brought up at the next
session of district court in about six
A suit to quiet title on a number of
farm tracts south of the city was filed
at the district court this morning by
Charles E. Schwab. The land in
question comprises about 300 acres
of the Rock Bluff precinct.
sheller near the crib which were there- j vaiUC an(J shp j mnv hvng hy
after removed and the boards, between
which the witnesses testified they sawj
the transaction, were knocked, or taken
off. Over four months thereafter the
.s ate procured persons to go to the
place in question who, over the ob
jection of the accused, testified that
they had caused a team and wagon
to be placed where they were informed
the team and wagon had stood and
they procured boards to be placed
where the boards were said to have
formerly been, and that by standing
on tho floor of the granary they could
not sec the spot where it was said
the trgedy occurred. The admission
of the testimony, without proof that
the conditions as existing at the time
of the affray had been restored, held
2. "When, in a trial for murder,
the defendant procures evidence tend
ing to justify the killing on the ground
of self-defense, an instruction which
limits the right of self-defense to one
in the lawful pursuit of his business is
erroneous." Hans vs. State 72 Ncvb.
288 100 N. W. 419.
3. In an instruction given to the
jury upon a trial of one charged with
the crimcof murder the law of murder
in the first and second degrees and
manslaughter was fully explained.
Upon the request of the state, the
court, later, instructed the jury that
"a malicious killing, although done
upon a sudden quarrel, end in the heat
of passion, is, at least, murder in the
second degree." Held, that in view
the plaintiff's for the amount.
About Ready to Ask lor Bids on
Improvements to be Made
Which Will be Extensive
The Missouri Pacific is about ready
to ask bidders to make figures on some
work of ' considerable magnitude in
the neighborhood of Nebraska City
and Union. It is understood that one
cuoff is to be built that will involve
the moving of a large amount of dirt
and that a number of smaller grading
contracts arc a part of the general
scheme for line improvement in that
vicinity. The company is planning
to rebuild all of its Nebraska system,
and this line straightening and grade
elimination is a part of the rebuilding
scheme. After this is completed, the
new rails are in place and the bridges
strengthened it is understood the
Omaha and Lincoln lines are to be
ballasted. Ballasting it is under
stood will follow next year. Slntc
A hearing for the appointment of
administrator in the estate of Mary J,
Guthman will be held in the county
court late this afternoon.
A petition for probate in the estate
of Robert Storey, dispensing with the
regular administration, wherein the
creditors of the estate arc barred,
was presented for filing in the county
court today. A petition of similiar
nature in the estate of William J.
Storey was also presented.
Proident Taft Has Nothing
to Do With the Scrap
Now Going On.
Very Much Interested In
ceedlngs oi Yesterday.
Not in the Fight.
(From Friday's Dally)
Conrad Schlater, the beloved old
Cass county settler, answered the
summons of the grim reaper and passed
away at an early hour this morning
at his I'lattsmouth home. Mr. Schla
ter has been of ill health for several
years and since last November had
been confined to his house and part
of the time to his bed. Feeling much
better with the approach of the
bright sunny days of the last two
weeks, lie ventured forth a number
of times to visit among his old friends
in town. Contracting a severe, cold
which settled in the form of grippe,
he was forced to his bed, growing
steadily worse until his death occurred
today about 7 a. m.
The pleasant old gentleman always
Th Houk of Kuppenheimr
Que go
Do You Want an Individual
One that is all your own an exclusive pattern no one
else in town to have one like it.
You can get it here in our Quality Line.
Just call for one of our special single suits. Prices
$20 tO $35 out they are beautiful in design
workmanship. We've a strong line of blue serges, so pop
ular this year, with all those little "differences" in model
and style that you appreciate.
Social at Johnson's.
The Christian Endeavor society of
the Christian church held an enjoy
able social at tho home of Miss Ruth
Johnson last evening. It was one of
the many St. Patrick's entertain
ments of the week, being originally
scheduled for Thursday night, but on
account of other parties, it was post
poned for a day. The time was
pleasantly whiled away with Irish
games and musical numbers by Misses
Ruth and Mildred Johnson. About
forty of the members were present,
and, towards the close of the affair,
light refreshments were served tinted
with the Irish and not the Paris
article of green.
BUFFALO, March 19-Presidcnt
arrived here las evening and was very
much interested in the news from
Washington as shown by the papers,
but when asked about tho matter
he said that while he was very much,
interested in the doing of the house
it had nothing to do with him. lie
was mainly interested in seeing good
laws passed and pledges redeemed.
bore a prominent place in the highly
respected circles of the city and his
death will cause much grief to his
many friends of Cass county and the
Mr. Schlater was born in Germany
December 25, 1S32, going through a
German school at Waurestein and
coining to this country when 17 years
of age, locating in Indiana. In 1S50
he was married to an Indiana girl
Mary J. Donelan and was the father
of five children, three of whom are
.-till living, residents of the state of
Nebraska. He came west in the year
1S5J and about that time made his
first visit to the village of I'lattsmouth.
His experiences in those early days
were as thrilling as they were inter
esting, and many of his stories have
been published in the papers of the
state and in the News-IIerald of years
ago. He travelled the trail from this
vicinity to Pike's Peak as freighter a
number of times, later following the
trade of painter.
Giving up this line of work in 1S70,
he located on a farm a few miles
south east of Louisville. He worked
this place for about f out teen years,
when he built a nice residence in I'latts
mouth and moved into the citv where
he has lived ever since.
In the later part of his life, he be
came very talented in music, and it
will be remembered by some of the
old residents that he played the first
organ that was ever placed in the tow n,
many years ago in Jie Methodist;
He is survived by his wife and three
married children, two daughters and
one son. They are Mrs. Joseph Tighe,
of Havelock, Mrs. J Fitzgerald of
this city nnd County Treasurer Frank
i;. Schlater.
The funeral services will be held
i M.iiwi..t. .. I.)...-- f,.i,..r,.. lib ii. iiiiiii n vaiitt'iti.
church, being conducted by the local
priest, Rev. Shine.
Pretty Window Display.
1 One of the prettiest window displays
in the city is to be seen at the depart
ment store of Dovcy on Main street.
It is an Easter decoration prepared by
F. S. Ramsey with the assistance of
Miss Herman, representing a woman
beautifully gowned in the royal purple
with a background of a cross, scattered
with Easter lillies. The window pre
sents a very dainty appearance with
its proverbial trimmings of white and
purple mingled here and there with
the largo artificial lillies.
Christian Endeavor Social.
A pie and coffee social was held
Thursday night by the Christian En
deavor Society of the Christian church
at the residence of O. C. Hudson.
A small admission fee was charged
and all those who didn't appear green
enough were fined for the negligence.
This fine, was not like the police court
fines, for it was only remitted after the
person had sung some Irish song, or
told an Irish joke. The old Blarney
stone was one of the prominent fea
tures' of tho "evening and the guesty
expressed their affection for the old
rock by going through the ceremony
of kissing it.
Numerous games were indulged in
and the following interesting pro
gramme was given:
Selection American Orchestra
Instrumental duet .
. . Misses Mildred and Amy Cook.
Vocal solo.. Mr. J. W. Livingston.
Reading Miss Josephine Hall.
Selection American Orchestra
Mrs. Root, wife of the supreme
court judge of Lincoln, is in town for
a few days vuil with Mrs. J. N. Wis.
Our Boys' Department
Is more than full this
spring of new things for
the Boys.
For the small boy from 2
to 7 we are showing the Rus
sian Blouse, Sailor Suits
and Norfolks.
For the boy from 7017
we show the double breasted
2 and 3 button sack coat,
with center or side vents.
Pants are all made bloomer
style. All buttons arc riv
itcd, all seams taped; made
to stand the wear and tear.
We'd like to show you.
Very Good Ones
$3 to $4.50
Xtragood, all-wool,
pants lined
$5 to $8.50
The Home of Hart Schiffner & Marx clothes
Manhattan Shirts Stetson Hats
Falter & Thierolf
Value Giving Clothiers.
kJ- If.