The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, October 22, 1903, Image 1

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'DEMOCKATIC AT ALL TIME8 AND UNDEH ALL CIKCUMSTANCE8."
OFFICK No. 112, South Sixth Ntkkkt
PLATTSMOUTH, NEBRASKA. THURSDAY. OCTOBER 22. 1903.
Number 44
Volume XXIII
THE FACTS IN
A NUTSHELL!
The Cause of the Bitter and Un
precedented Attack. Upon
Sheriff McBride.
"CASE WILL NOT BE TRIED!"
All Because Farley and His Attorney
Refuse to be "Fair."
It is unfortunate tli.it partisan indi
viduals and newspaM-rs, arrogate to
t'lemsflvcK license to traduce candi
dates for offices whose sole offense is,
that they are the nomii s of the par
ty to which the newspaper or partisan
is opposscd.
The attack ujion SherilT Mc Bride in
The News is an "object lesson of such
disreputable pract lee. SherilT McBridc
has lieen re-nominated for a second
term. His record is so praiseworthy,
that until this "mud -slinging" Ix'gan
in The News, nothing hut words of
- praise were heard from a Republican
Judge of the Court, ami a County At
torney, who constantly came in con
tact with him, in his official capacity,
during the past four years. Mr. Mc
Bride has been impartial, fearless, in
dustrious and able as an official and
public servant.
In running down criminals he has
lieen singularly successful, and has
never failed to "land his man" when a
warrant was placet I in his hands. lie
lias lecn so active in this respect, the
criminal classes a re unit in demanding
his defeat.
He lives in tmr midst: is our neigh-i
Ior; has a lovely family, which is hu
miliated and grieved lieyond measure,
on account of the brutal attacks made
uiNn him in Mr. Farley's newspaper.
He is an upright citizen, and no man
can say ought detrimental to his char
acter. Immediately after his nomination a
disgruntled lawyer in our midst com
menced a whispering campaign of vili
fication and abuse against the SherilT;
claiming, that he had advised indig
ent prisoners not to employ him (the
attorney); that these "hum" prisoners
had represented to the lawyer that the
Sheriff did not treat them well in jail;
that the SherilT disliked him (the at
torney); and that the SherilT had made
improper charges for fees in criminal
cases.
Strange as it may seem, Mr. Farley
was induced to take up the quarrel of
this lawyer with the SherilT, and pul
lished the libel in the case of "The
State vs Shepard," which is now the
subject of litigation in the district
court; stranger still, Mr. Farley per
mitted this lawyer to furnish the 1 Uni
ons article, after he ( Farley) had con
sulted the County Attorney, and had
lien Informed that Mr. Mcllride's
charges in the Shepard case had been
the subject of investigation, before al
lowance by the County Hoard; and,
that his charges in that case were cor
rect. Immediately upon the publishing of
this article in The News, SherilT Mc
ISride addressed a manly letter to Mr.
Farley, furnishing him a written, itim
ied statement of his fee bill in the
Shepard case, and aske l him in a manly
way to publish the same and make due
correction: such as was made by the
Weeping Water Republican.
Instead of thus doing justiee to the
SherilT and himself, Mr. Farley elected
to reiterate these charges, wh ich he had
every reason to lelieve were untrue;
all for the simple purpose of assisting
in the election of Mr. McBrides op
ponent, thereby earning additional
patronage as a party newspaper.
In the mention of the Sheriff's first
communication, the editor of The
News took occasion todemand a speedy
trial of any libel suit the SherilT might
Nee Ot to bring against him, suggest
ing that such suit if commenced, could
be heard at a special term of the Dis
trict Court, prior to the November
election. To this suggestion and pro-
position of the editor of The News the
Sheriff at once replied in a formal com
munication, accepting it, .informing
the-editor that the suit would be at
nce commenced; and, suggestingthat
the parties, as an evidence of good
faith, bind themselves to save the tax
payers harmless by agreeing that .tlte
losing party would "pay all costs of
calling the special term and of the
trial of the case; and, as a further evi
dence of good faith upon his part, the
iSIieritl at once filed his bond to that
effect, and tendered an executed stipu
lation for Mr. Farley to sign." This
stipulation and offer on the part of the
Sheriff was held by Mr. Farley for
some twelve days, when he returned
to the controversy by proposing a
childish, silly and dishonest stipula
tion, to the effect that the Sheriff
agree that the case be tried without a
jury; tliat the court, if it found, in fa
vor of the Sheriff, enter a judgment
for nominal damages only, and finally
that neither parties be allowed to
amend their pleadings ; In case infor
malities were discovered therein, dur
tfrj the trial or before Its commence-
ROOT'S STATEMENT
Keep It Prominently Before the
Voters of Cass County.
SHERIFF JOHN D. McBRIDE
SUSTAINED IN HIS ACTS.
Read This Carefully and Pass to
Your Nearest Neighbor.
jQGeOSGGOCOGCOQGOOOeOGOC
8 " was satisfied the
8 Sheriff had paid out
S every cent he claimed
o credit for; he had been
k unusually active in a
g reh ending Sh eh a rd,
and thought, and still
think, he should receive
8 the money he had ex-
pended in bringing to
h the bar of justice the
X man who is charged
8 with a felony under the
laws of this State."
-EXTRACT FROM STATEMENT.
mi:, im hit's statkmknt.
Concerning, the case of State vs
Shepard, the defendant had plead guil
ty to a misdemeanor and had been lin
ed 7.-,oo and costs on the solemn prom
ise ttf the man that he would go back
home and go to work and make month
ly payments to liquidate the line and
costs and furnishing lond for the per
formance of those agreements, a miti
mus was not issued to place him in
jail. Within a few days after this ar
rangement, and about nine o'clock in
the evening,a telephone message came
to me from the agent of M. 1. By. Co.,
at Weeping Water that Shepard had
broken into the depot at that place
and had opened the outer door of the
safe and was engaged in attempting to
pick the lock to the inner door when
discovered;. that the man had either
left town or was hiding there some
where, and a request was made that
the man lie prosecuted. I telephoned
to the jail for the sheriff, and after
some consultation, it was agreed he
would arrange for two men to watch
Shepard's house that night, while he
should go to Auburn, as it was known
Shepard had an intimate friend at
that point who had helped him when
he was in trouble before. The sheriff
went on the late train that night to
Auburn: two hack hire charges were
made in going from the depot up town
ment a proposition no reputable law
yer or court would listen to for a mo
ment. . Sheriff Mcliridc seeing that
Mr. Farley did not intend to try his
case, as he was pretending, at once re
plied, waiving the jury and the mat
ter of assessment of damages or smart
money, and informed Mr. Farley lie
would consent to so try the case, but
could not and would not consent to a
fool stipulation, not to amend plead
ings in the event the court would, for
any reason, deem them insufficient or
irregular. To this last proposition and
agreement to try the case without a
jury, the News editor again demurred
and announced ! the additional false
hood, charging' that the Sheriff refus
ed to have the trial before the Novem
ber election. .
To shuffle, to dodge and to misrep
resent the facts, has been the evident
and deliberate plan of the editor of the
News, for the apparent reason, that
he believes the ends to be gained, jus
tify the means employed, no matter
how questionable such means may be.
..At every point in this controversy,
Sheriff Mcllride has promptly met the
News editor, and in the language of
the sporting fraternity "called his
bluff." And now -again, at the instance
of the lawyer, Mr. Farley prints an at
tack upon the Sheriff, -criticising the
allowance made him in the year 1902,
for the service of citations upon .the
judges and clerks of election. These
services -we re rendered by the Sheriff
upon the order of the clerk of the dis
trict court. The statute makes-no
provision for fees for this service, as
we arc informed; but, the statute re
quiring the service of the Sheriff and
his deputy, the Commissioners allow
ed a sum deemed by the Hoard ade
quate for the services rendered. There
was 130 judges and clerks to be served;
computed at t he-rate fixed by law for
serving .process and making due re
turn thereof, such naked fees, for ser
vice Of process wbuld amount to the
sum of $". 00. These judges and clerks
are scat tered over- the' entire county.
The Sheriff had to bunt them up and
made due service; had he charged the
usual fee for service of process, and
mileage, as, allowed ' Jn judicial pro
ceedings, his' fees .would amount to
much more than the sum allowed him
by the County Board. J:
These services were rendered; the al
lowance was made by t the County
lOGOQ
a considerable distance, to find the
night police and arrange for watching
for Shepard should he return, and re
turn to the depot, so sheriff might re
turn the same night to 1'lattsmouth.
Notices were sent by wire, 'phone and
letter to the near-by officers asking for
the apprehension of Shepard. The
sheriff returned early next morning.
He went to Weeping Water later, and
also to Lincoln on some information
tending to show Shepard was either
there or at some intermediate station.
Just the exact amount of travel in the
sheriff's quest for Shepard I do not
know, but I had no reason to doubt his
return of 1'jO miles. Shepard was ar
rested on Sunday afternoon in Mills
county, Iowa. The sheriff informed
me during the day that he had a tele
phone message from the deputy sheriff
there that Shepard had been located
at his parents' home in that county.
1 told the sheriff to go over at once and
try and get Shepard back without ex
tradition if possible and he must act
quickly or it would be necessary to get
out extradition papers, and even then
Shepard might bring habeas corpus
proceeding in the Iowa courts and
hang up his case indefinitely and put
the authorities to a great expense and
trouble. That ir Shepard would come
back voluntarily his warrant, athlough
gojd only in Nebraska, would protect
lii m in bringing him back. The sher
iff returned late that night with Shep
ard. When his expense bill was
presented to the Commissioners,
they turnmd It over to mo and I re
Qulrodtbo short ft to Itlmlzo tho bill.
1 did not advise the Commissioners to
roduco tho bill, although had they
done so the sheriff could not have com
pel led payment. Yet as I viewed it
the matter was within the discretion
of the Commissioners, and the return
of the man from a foreign state was
accomplished with much loss ex
pense than as if Shepard had com
pelled extradition. I considered the
result was due to the good manage
ment of the sheriff. Had extradition
proceedings been instituted, the local
officers could have charged any reason
able sum for their services and com
pelled payment before turning over a
prisoner. Those charges vary from
$5.00 to $25.00 or more. The Gover
nor's warrant from the asylum state
is always made-upon condition that
the agent of the State demanding the
fugitive pay all costs, expenses and
charges incident to the apprehension,
detention and delivery of the prisoner.
It is true those charges would have
been paid from State appropriation
and not from the local treasury, but
that would be a distinction without
a difference. I was satisfied the
sheriff had paid out every cent he
claimed credit lor; he had been un
usually active in apprehending Shep
ard, and 1 thought, and still think
he should receive back the money lie
had expended in bringing to the bar of
justice a man who was charged with a
felony under the laws of this State.
Hoard; it was considered fair and just;
yet, the incident is seized upon by Mr.
Farley and his over-sensitive legal
luminary, as another subterfuge for
"kicking up a dust" to fool the com
mon people.
We have reviewed the incidents
leading up to, and following this at
tack upon one of the best public of
ficials Cass county has ever had.
This review is the exact truth of the
case, as it will appear in court. We
have stated them conservatively and
plainly and truthfully; not as partisan,
but as one willing that the whole of
the facts be plainly stated; at the same
time, deprecating, inexcusable "mud
slinging" by a newspaper employed in
a desperate endeavor to smother all
the patronage, political and otherwise,
that flows from the court house In
Cass county.
Mr. Farley and the "sore" lawyer
will find that the campaign of vilifica
tion will not win in this county. Al
ready it is re-acting against the entire
republican ticket; and, the lawyers
who rattle around the common jail,
soliciting "bum" prisoners to with
draw confessions of guilt, that they
may put the tax payers to the expense
of paying for the "bum practice" of de
fending confessed guilty law-brakers,
will continue to "bum for business"
under John D. McBride as Sheriff of
Cass county.
The Case Will Not Be Tried.
In one of its issues last week the
News stated that "the case would not
be tried" and gave as a reason that
Mr.McBride's attorneys had refused
to sign the stipulation therein printed.
Now the editor of that paper never
even intimated that another stip
ulation had been presented to his at
torneys for their signature, which they
utterly refused to do. His sole intent
evidently being to leave the impres
sion of a complete back-down on the
part of Mr. McBride's lawyers, when
in fact, as usual, the editor of the
News, through his lawyers, has refused
every 'fair proposition presented to
thim. Following is the stipulation pre
sented to Mr. Farley's attorneys, and
which remains unsigned by them. The
voters of Cass county can see for them
selves that if Mr. Farley desired "fairness,"'-
ot which he brags so much
about, l)e would have certainly induced
them to sign the following stipulation
ere this:
In tiik DistictCouktokCahs Coun
ty, Nkbkaska.
John D. McBkide, )
vs. . ! Stipulation.
Gkokok L. Faklky. )
it la iiorihv Rt i nnl.it prl and agreed be
tween the parties, plaintiff and de
fendant:
1. Defendant will file answer in
the above entitled cause within two
days after this stipulation is signed by
both parties to this action, or their
counsel. I
2. That the plaintiff will demur or
reply to said answer within two days
aftpr mi 11 answer Is tiled.
3. That the parties hereto join in a
petition to tne iionoraoie 1'aui jessen,
judge or the district court, to call an
extra session, and that when called
this action shall be submitted to the
court, each of the parties hereby waiv
ing their right to a juryat such special
term only.
4. Amendments to pleadings in the
furtherance of justice to be allowed as
provided by the code and in the discre
tion of the trial judge.
5. That the defeated party at such
special term, shall pay all of the costs
of such special term of court, to be
found and fixed by the Honorable
Judge Paul Jessen.
ti. Trial of said cause to be had and
judgment ottered mot kitor tkaa Oete
ber 24th, 1903.
Dated this 12th day of October, A.
P., 1903.
S. M. ClIAPMAM AND
Matthew Gkkino,
Plaintiff's Attorneys.
Defendant's Attorneys.
A Little Common Sense.
A man whose walks in life is such
that he has no record to defend, no
mistakes to explain away, no charges
of trickery to refute, whose ability is
unquestioned, whose integrity is ad
mitted and who commands the entire
confidence and respect of his fellows,
is always a safe man to place in any
position of trust and responsibility. A
man whose walk in life is such that he
has a record to defend, mistakes to ex
plain away, charges of trickery to re
fute, whose ability Is questioned, whose
integrity is attacked and who does not
command the entire respect and confi
dence of his fellows, is always a danger
ous man to place in any position of
trust and responsibility. These are
irrefutabla truths. he office of coun
ty judge is one of trust and responsi
bility. It should be filled by a man of
spotless reputatl; of strength of char
acter, of unquestioned ability, of integ
rity of mind, heart and purpose. This
is a position that should be kept pure
kept like Caesar's wife above suspi
cion. It is the conservator of good
government, of clean public morals.
The good citizen should let the scales
of partisanship fall from his eyes and
scrutinize the records, abilities and
characters of the two candidates for
this responsibi position and then act
as conscience dictates. Mr. Travis has
a record that requires no defence, has
made no mistakes to explain away, nor
charges of trickery to refute. His abil
ity is unquestioned, his integrity is ad
mitted and he commands the entire
confidence and respect of his fellows.
Can the same be said of his opponent?
Mr. Travis is a safe man, and no voter
will have to make peace with his con
science, who supports him on election
day Tuesday. November 3.
County Superintendent.
Vote for the best qualified, man and
no interuption in school affairs for
county superintendent. We believe
the more learning one has in all lines
the better fitted they are for the office.
The county superintendent must ad
minister school law, must make decis
ions and interpretations. School
boards are entitled to the very best,
and they appreciate a superintendent
who is familiar with the supreme court
rulings on school law. The volume of
Nebraska school law contains over 200
pages and we venture the assertion
that no superintendent in the state
can administer it better than can Prof.
Wortman. The State superintend
ent's report shows that new men in
this office ask him on an average for
five decisions per month. Supt. Wort
man has sent to him but once since
he- has been in office and on that
his own ruling was affirmed.
Superintendent ' Wortman has back
of him normal and university training
and six years actual experience in the
school room. " The-Journal advocates
his election because of his fitness and
demonstrated ability. Prof. Wortman
was born in Cass county and has prac
tically spent his entire life here. He
is modest, common-place and gentle
manly. Besides being a thorough
school man, he is also broad on other
lines. We are constantly bearing
words of, praise forhim for his ableand
appropriate speech at the G. A. R.
reunion in Louisville; as also the one
made at Union ar the' old settlers'
meeting. Mr. Voter, if you are satis
fied with brains, - intelligence and ex
perience at the head of our schools,
talk and vote for Wortman for super
intendent. U-V "
. ;-.
A Love Letter.
Would not interest you if you're
looking for a guaranteed salve for
Sores, Burns or Piles. Otto Dodd, of
Ponder, Mo. writes: "I suffered with
an ugly sore for a year, but a box of
Bucklen's Arnica Salve cured me.
It's the best salve on earth. 25c at F.
O, Fricke & Ca's drug store.
!
i
You milit as well
When everybody is
trnmseaB cottar a tmotsu. ur&iCt
Leading
Clothier....
Laxative Bromo Quinine Tablets,
Seven MSSon boxes sold in past 12 months. Thb Signature,
THE GENUINE "HAROFF" APPEARS-
Pacific Junction Struck With Quite a
Sensation.
According to the last issue of the
Pacific Junction News a sensation was
sprung among the local Odd Fellows
last Wednesday evening, when it he
came known that a stranger arrived in
that burg claiming to be li. F. Ilaroff,
of Buffalo, Wyoming.
On the sixth day of July last anoth
er stranger arrived in that village very
sick and finally died under the name
of B. F. Ilaroff, and the citizens, and
more especially the Odd Fellows, were
considerably surprised, when a real live
man came to town and introduced
himself by the same name. Natural
ly the stranger was viewed with sus
picion, and was told that B. F. Ilaroff,
of Buffalo, Wyoming, was dead, but
the well-dressed young stranger could
not very well see how he was dead and
at the same time well and hearty. The
News says:
"The young stranger received this
intelligence quite cooly, at the same
time producing letters and papers
which soon convinced Mr. Croak that
he told the truth. To satisfy himself
fully he took the stranger before other
members of the order who examined
his letters and heard his story with the
result that all were perfectly convinc
ed of its truthfulness and of the fact
that they had been imposed upon by
one who had no claim upon them or
the order.
"The stranger, or Ilaroff, as he un
doubtedly is, stated to The News and
others, that he had only been aware of
his own "death" since the 8th of hep-
tcmber, and that outside of a brief note
to the effect that B. F. Ilarhoff had
died at Pacific Junction, Iowa, on the
10th of July, had been unable to get
anything further from the lodge at
Buffalo, lie therefore came down here
to establish his identity and to secure
the facts of his "demise." He stated
that he was an Omaha brickmaker and
had not been home for four- years and
could only account, for the possession
IM LIMEr!
And marching
straight to
V-
UeekJaeKi o,
where you will be re
paid for your trouble
by getting the best
on the markets.
Groceries,
Canned Goods,
Fruits,
fresh daily from the markets.
VEGETABLES,
? gathered fresh every morning.
It . IIVIIV W .
li Waterman Block Plattsmoutb.
yet it now, then you'll have it
in a hurry that's not a yood
At $10
that they would easily
twice the money.
A 4 C15 E-tfTI This is a stroiiy line
jHll 4JRmJJ with us always. Sin
gle and Double Breasted Styles, made and
tailored excellently. New fashions and latest
cut.
5SH "! Here's where we show the
, est suit on earth for the money.
Kvery late style and the best of tailoring yoes
into suits at this price.
Call on Us for Husking Mitts
We have them at 5 and 10 cents a pair hard
to beat.
-MORGAN-
To Cure a Cold in One Bay
ofanolllcial lodge receipt which the
poor unfortunate of last summer ex
hibited, only for the fact he had lost
one about that time. He further
stated that he only became aware of
his alleged death purely by accident,
it becoming known to him through
his seeking membership in an Omaha
Encampment, a higher branch of Odd
fellowship. The rules of the Kncamp
ment require that a candidate for ad
mission must he a member in good
standing of a subordinate lodge, the
secretary of such lodge certifying to
this on the candidate's application.
Therefore when his application was
sent in to Buffalo it was promptly re
turned as the records of their lodge
showed that the applicant was dead.
"That the order has been duped
there are no good grounds for doubt
ing. The funeral and other expenses
of the man buried as Ilaroff amounted
to $174 $H of which was Ijorn by the
Buffalo lodge while the county paid
the ballanee.
"Young Ilaroff left for Omaha yes
terday morning determined to get his
identity re-established with his lodge."
A Sore Never Matters
After Porter's antiseptic healing oil
is applied. Relieves pain instantlyand
heals at the same time. For man or
beast. Price 25 cents.
OUR SPECIAL SALE
-OF-
MAJESTIC
RANGES
last week proved very sat
isfactory. Twenty-three of
these Household Necesities
were sold, and want all to
bear in mind that we have
more of the same kind
the best range on the mar
ket. JOHN
506 Main Street.
when you want it.
time to buy.
we have Cheviots and Cassi
meres that are made so well
pass for Suits costing
Leading
Clothier....
4)
Cores Crip
In Two Days.
rjy
on every
box. 25c.
Mrs. J. Benson, 210 So. 16th, Omaha.
We are .showing a Ix'autiful line of
children's cloaks. From the infant's
first long cloak up to and bidding 10
years. Infant's and up to 2 years Bed
ford cords, lambs wool, colored or
white. For older children, coats of
sacking melton, kersey, cheviot, Z 1 1 Mi
line cloth, velvet; colors castor, cardi
nal, red, navy, brown, etc., made with
double or single capes, rolling collars,
etc.
Gained Forty Pounds in Thirty Days.
For several months our younger
brother had been troubled with in
digestion, lie tried several remedies
but got no benefit from them. We
purchased some of Cliamberlaln's
Stomach nnd Liver Tablets and he
commenced taking them. Inside; of
thirty days he had gained forty pounds
in llesh. He is now fully recovered.
We have a good trade on the Tablet s.
Ilolley Bros., Merchants, Long Branch,
Mo. For sale by all druggists.
If you arc a judge of a irood smoke,
try the "Acorns" 6 cent cigar and you
will smoke no other.
)
,.7T. i ril1 3-
THE GREAT MAJESTIC. .
BAUER,
Plattsmouth, Xeb.
SEAMLESS
and Cannot Rip!
ALL SOLID SHOES
for Severe Service.
Ours are Extra Good. Men'ti,
Boy'a and Youth's
from $r.Ss to $2.50.
Sherwood & Son.