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SEMI-WKKKLY EDITION KIGHT PAG ICS
VOLUME XXVIII
PLATTSMOUTII, NEBRASKA. THTTISDAY, AUGUST 27, 1903
NUMBER :i7
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The Investigation of
Saturday Results in
The hearing of the case against Ed
ward Downey, Geo. Wilson, Joe Keenan,
Percy FernaKl and John Andrews
charged with assault with intent to do
great bodily injury upon the person of
B. E. Hill took up the time of Judge
Archer's court until five o'clock Satur
day afternoon when the court found the
evidence sufficient to warant him in
holding the men for trial in the district
court under bonds of $200.00 each.
. The eummary of the evidence of the
prosecution was printed in the Journal
of Saturday evening, the defense had
opened as the paper went to press. All
five of the defendant's were placed
upon the stand by their counsel A. N.
Sullivan, the defendant Edward Dow
ney being the first witness. From his
story the outline of the defense was
gained. lie claimed tl at the men went
to the camp in response to the outcries
of the woman, Mrs. Hill, whom they
claimed was being beaten by her hus
band. He admitted the possession of some
beer and also that the party had
taken along for Hill's especial benefit
a bottle of whiskey and alcohol.
When they arrived at the camp, they
claim to have found Hill engaged in the
pastime of beating Mrs. Hill and they
undertook to separate them. His storj
in the main did not greatly differ from
that of Hill save in that they went to
the tent with an entirely different mo
tive than Hill claimed. The general
state of affairs was much as Hill had
outlined them. Downey claimed the
women had been held out to the men
around the camp and commissary as a
prostitute and that Hill had been instru
mental in soliciting for her.
The facts'of the wrestling with An- j
drews was gone over much as Hill had j
testified to, except as to the men jump
ing on him without provocation which
he denied. He claimed that Hill was
responsible for the row and the result
ing injuries he received. There was
considerable evidence regarding the
moral condition of Hill and his wife
which Downey declared to be about as
deplorable and depraved as human na
ture ever gets.
The other fourdefendants testified to
practically everything Downey did, and
seemed to be laboring under the delusion
that the disreputable practices of the
Hill's was a justification for their as
sault upon him.
Keenan, the man whom the Hills
charged with reprsenting himself as a
constable, frankly admitted that he did
represent himself as such an officer,
and said he did so to stop Hill's cries
and shrieks after his injury. He denied
that he jerked Hill about by his broken
arm or kicking him. He admitted that
he told Mrs. Hill that there was nothing
the matter with Hill, as he wanted the
row hushed up. All the men practically
admitted that they went to the camp
to see Mrs. Hill whom they believed to
be of decidedly loose morals.
The judge in considering the case
could not see under the testimony of
the defendant's themselves any other
Ciurse than to hold them for trial as
they presented no defense to the assault
charge. They had their remedy at
law if Hill and his wife were the
characters they represented them to be,
so he held them all for trial.
The hearing was attended by a large
crowd both morning and afternoon,
standing room during the time Mrs.
Hill wis on the stand being at a
premium. The noisome details of the
testimony seemed to be a most salac
ious article to the public.
Today A. N. Sullyan, representing
Jos. Keenan and Percy Fernald, began
a habeas corpus case against the sheriff,
seeking the release of these two men.
The petition in the Keenan case alleges
that he is a resident of this state and
county and of the United States, and
that he is unlawfully deprived of his
bberty by the sheriff. .It sets up the
filing of the complaint by Hill and the
hearing thereon, and alleges that no
evidence was given connecting Keenan
with the assault or even being presence
thereat, for which reason he asks re-
The Fernald case follows the other
one closely, except admitting by im
plication Fernald's presence when the
the Cedar Greek Parties
Holding Them Over.
assault was committed, but alleging
there was no evidence of any unlawful
act upon his part. The hearing on the
cases will be tomorrow afternoon before
II. D. Travis in the district court.
A Fine Display.
C. J. Wills, who has been visiting in
Nuckolls county for some time past
looking after his farm and visiting with
his brother, F. S., has returned to his
home here. Mr. Wills brought back
some specimen of corn, apples, pears
and peaches, just to show the good people
of this vicinity that there was no crop
failure in Nuckolls. And the articles
prove there was not. The corn is mag
nificent, the ears being large and com
pletely filled out, while many of the
stocks have two ears to them. Mr.
Wills examined a row through a field in
which ten stocks of this kind were
found. This corn will make sixty bush
els to the acre and equalsthe best Cass
county product; wheat will make 20 to
T2 bushels to the acre. In the peach
line there is an abundant crop, the fruit
being at least equal to the local product,
while there are pears raised which com
pare favorably with any in the market.
Mr. Wills also brought in some seven
different varieties of apples, which are
all fine and large, and of which the crop
is a good one. The display is in the
window of the Journal for public in
spection. "Look at it and see what the
so-called semi-arid region can produce.
The last week Mr. Wills was there the
rainfall was ten inches, which is not bad
for supposed to be arid land.
Looking Up Old Landing
John Linder the veteran liquor dealer
of Omaha, was in the city Monday visit
ing some of his customers and looking
after the interests of his wholesale
house. Mr. Linder will be remembered
by many of the old residents of this
vicinity having been a freighter across
the plains in the year 1861, and for
years following. He freighted between
St. Joseph, Mo., and Denver, Colo. He
was in a very reminiscent mood this
noon while waiting for the train and
took great pleasure in looking up the
old steamboat landing in fro:.t of the
depot. He also recalled many incidents
in his early career as a freighter, re
calling in particular an experience he
once had with cattle belonging to the
late C. H. Parmele.- He also referred to
an ancient grist mill located in the hills
near the city and its proprietor, now a
man well on the shady side of life. Mr.
Linder while showing the effects of age
is still a well preserved man for his
years.
Visit the Lone Star State.
Banning & Cross, local agents of a
Texas land company, escorted a party
of six who started from here Tuesday
night to explore some of the Texas Pan
Handle country and perhaps make in
vestments. The party consists of An
drew Taylor, James Easter, Dick Con
rad, Henry Ruhmann, Charles Frans
and Geo. Conrad, with W. B. Banning
going as pilot and advance guard
They expect to be gone about six
days. Union Ledger.
The Teachers Institute.
The Cass County Teachers' Institute
closed a most successful session in
Elmwood last week. The enrollment
was quite large, and all present seemed
to take' a deep interest in the exercises
throughout. While this was Miss Fos
ter's first institute, she fully demonstra
ted to all in attendance that she fully
understands every rudiment in connec
tion with school work. A Journal re
porter was in Elmwood last Thursday,
and in the evening, after the day's
work of the institute was over, he took
advantage of the opportunity to inter
view a number of the teachers present
on the chautauqua grounds in the even
ing, and all with whom we conversed
seemed greatly pleased with Miss
Foster both as county superintendent
of schools and her manner of conduct
ing an institute. We heard nothing but
words of praise in her behalf, and all
were of the opinion that she was per
forming the duties of the office as effi
ciently and as satisfactorily as they ever
were by those who held the position be
fore her.
A Former Citizen Calls
John Hinshaw, for sixteen years a
resident of Plattsmouth, but now of
Downing, Mo., in returning from a trip
to Colorado, dropped off here to visit
his neighbors and friends. Mr. Hin
shaw left Plattsmouth six years ago and
located in Downing, where he is engaged
in the lumber business. He removed
from Plattsmouth about the time the
Journal people came here, and con
sequently we did not have an opportun
ity to meet him. Coming as he does,
from the neighborhood of our old home,
of course, we spent a few moments in
his company very enjoyably, and also
found him to be an exceedingly clever
gentleman.
ALL PARTIES ARE
FOR BIG BENCH.
Republicans, Democrats and Popu
lists Endorse Prcposed
Amendment.
The "Proposed Amendment to the
Constitution Relating to Judicial Pow
ers" should receive the vote of every
voter at the coming primaries, without
regard to party. The amendment was
submitted by the last Legislature by
the votes of members of all political
parties, and is now being supported by
the leaders of all parties-men who have
investigated the question and know the
necessity for its adoption. The pro
posed amendment was endorsed by the
Republican and Peoples Independent
parties in their State conventions last
spring and has just been indorsed by
the Democratic committee of the State
Committee, after careful consideration
and full consideration of the question
with many influential men in that party.
That the measure is non-partisan and
should receive the support of every
voter in the state is further established
by the following statement signed by
the Chairman of the State Committees
of the three great political parties of
the state, viz :
"In our judgment the proposed con
stitutional amendment increasing the
number of judges of the Supreme Court,
which is to be voted on at the coming
primaries, is a step in the right direc
tion. This amendment, if adopted, will
enable the Court to hear and decide all
cases without the assistance of Commis
sioners. The substitution of four judges
for six commissioners will not only give
the state a better working court, but
will be a great saving of expense to
litigants in that court, and hence, a
great benefit to the people of the state.
We hope that every voter of our respec
tive parties will vote tor it at the com
ing primaries.
WILLIAM HAYWARD,
Chairman Republican State Committee.
T. S. ALLEN,
Chairman Democratic State Committee.
C. B. MANUEL,
Chairman People's Independent State
Committee.
The adoption of the amendment re
ferred to is of vital importance to the
people of Nebraska without ragard to
party, and we hope that it may be un
animously endorsed at tne primaries.
Work Commenced
Preparations for the new culvert un
der the Burlington tracks near the stat
ion, have been commenced. A gang of
men were busy this morning unloading
the rods to be used in reinforcing the
conerete culvert which will be put in.
It is now reported that instead of a 6x6
foot culvert, which was orginally plan
ned the culvert will be 12x24 feet, which
should be ample to carry all the water
that could come down Main street. The
work will doubtless be pushed to an
early conclusion, nowthat it has been
started. That it is highly important
to have the work done before the fall
rams set in, ought to be apparent to
all, and the company no doubt realize
it as well as anyone else. .
Advertised Letter List.
The following letters remained in the
Plattsmouth post office on Aug. 24, 1908,
uncalled for. If - not called for in a
reasonable, time they will be sent to
the Dead Letter Office at Washington,
D. C. : Pearl Adams, Mrs. Clarie
Coates, Mrs. II. P. Dehring, Edna C
Frost, Mrs. L. M. Kellerstross, Mrs. C.
J. Kossan, Miss Lina Limecoola, Mrs.
Lizzie Phillips (2), Mrs. T. II. Todhunter
(2), Mrs. Emma Reid, Mrs. Ethel
Smith, Mrs. Alice Williams, Earl Adams,
Edgar Baldwin, II. C. Hurts, Harry
Kerney, J, E. Rorabeck, J. W. Wood.
Persons calling for any of the foregoing
letters will please say "advertised".
Call Omaha over the Independent
telephone.
A Bastardy Case.
In June, 1907, Nellie D. Wolf from
Weeping Water filed a complaint against
Ross Dennis alleging that he was the
parent of her unborn child. Ross, to
quote from the poet, tore to the timber,
getting out of the state and remaining
out up to this date. Last evening Miss
Wolf's mother appeared in Justice
Archer's court where the case had been
filed, armed with a power of attorney
to settle the case, and acknowledged
the receipt of one hundred dollars with
Attorney Clarence Teft, acting for
Dennis' father, paid her in settlement
of the case. The case was consequently
dismissed by the Justice, and Ross is
now at liberty to return to the state.
SHERIFF IS AFTER
ONE PERRY MARSH
Who Will ba Taken on the
Charge of Adultery.
On Tuesday Mark W. Pratt swore
to a complaint against Perry Marsh,
who was reported to have eloped with
Pratt's wife. The complaint was filed
with County Judge Beeson, who imme
diately issued a warrant and delivered
it to Sheriff Quinton.
It was learned yesterday that Marsh
had returned to his home and Pratt
learning of this came to the city and
made the complaint, which charges
Marsh with adultery with Mrs. Pratt.
So far nothing has been disclosed as to
where Marsh has been during the time
since the reported elopement between
him and Mrs. Pratt from Emerado, N.
D., nor is anything known here as to
Mrs. Pratt's whereabouts.
Immediately upon receipt of the war
rant, Sheriff Quinton departed for
Marsh's home in Rock Bluffs precinct
with the intention of bringing him in.
In this, however, he was disappointed,
for Marsh either had gotten word of
his coming or had previously had busi
ness somewhere else as he could not be
found when the sheriff reached his
place.
His present whereabouts are unknown
but the sheriff seems to have hopes of
soon landing him, as he is on his trial
and thinks he will be able to soon put
his hands on him. The sheriff made a
quick trip after him as he had to be
back here in time to appear at the trial
of the Cedar Creek cases.
Resolution of Respect.
At a regular meeting of McConihe
Post, No. 45, G. A. R., Department of
Nebraska, held August 22, 1908, the
following preamble and resolutions pre
sented by the undersigned committee,
were unanimously adopted :
Whereas, Grim Death has taken
from our ranks our late comrade, M. A.
Dickson; and,
Whereas, It is but just that a fitting
recognition of his many virtues should
be had; therefore, be it
Resolved, By McConihe Post No. 45,
G. A. R., Department of Nebraska,
that while we bow with humble submis
sion to the will of Providence, we do
not the less mourn for our comrade,
who has been taken from us.
Resolved, That in the death of our
Comrade M. A. Dickson, this Post la
ments the loss of a comrade who was
ever ready to profer the hand of aid
and the voice of sympathy to the needy
and distressed. A friend and Comrade
who was dear to us all. A citizen whose
upright and noble life was a standard
of emulation, to his fellows.
Resolved, That the heartfelt sym
pathy of this Post be extended to his
widow in her great affliction.
Resolved, That these resolutions be
spread upon the records of this Post
and a copy thereof be transmitted to
the widow of our deceased comrade
and to each of the newspapers of Platts
mouth. J. W. Johnson.
J. H. Thrasher.
J. W. Hickson.
Forty-Sixth Wedding Anniversary.
Sunday, August 22nd, was the forty
sixth wedding anniversary of Mr. and
Mrs. John Roddy, so Mr. and Mrs.
Mart Roddy yesterday gave a dinner in
honnor of the occasion, which was a
fine affair. Mr. and Mrs. Roddv have
spent all their married life here, been
quite successful, and are among our
most highly esteemed citizens. Those
present were Mayor C. H. Kressen,
Hon. Pat Roddy, Mr. and Mrs. M. J.
Roddy, of Union; Mrs. Thomas Hafey,
Mr. and Mrs. William Shanahan, of
Omaha; Mr. and Mrs. Evers, of Omaha;
and Mr. and Mrs. Withrow, of Thur
man, la. The families of the above
were also with them. Nebraska News.
Call Omaha over ths Independent
telephone.
HABEAS CORPUS
GASES CONTINUED
Judge Travis Sustains Objection to In
troducing Evidence in Cases.
Still another turn was given to the
now .notorious Cedar Creek assault case
Tuesday when another habeas corpus
case was filed in district court by Ed
ward Downey, Jol n Andrews and Geo.
Wilson, the three defendant's who had
been held on the assault charge by
Justice Archer Saturday. Percy Fernald
and Joe Keenan had filed similar cases
earlier in the day.
In the petitions filed for t he last three
parties besides the usual allegations,
the petitioners alleged that they had
been unlawfully held because there had
been no such crime committed as they
were alleged to have committed. They
allege that if they was any crime what
ever committed it was by the complain
ant Hill himself.
The writ in these cases was made re
turnable at the same time as those in
the other two cases and ran against the
sheriff in whose custody the men were.
As ordered by the court the sheriff had
all five of the men before the court this
afternoon at one thirty o'clock. By
agreement of counsel it was agreed that
all the cases be consolidated and heard
at once. Attorney A. N. Sullivan ap
peared for the petitioners and the state's
interests were represented by Attor
neys Will Robertson and Byron Clark.
The state raised the point that the
petition did not state facts sufficient
to entitle the petitioners to a writ of
habeas corpus, and the court seemed to
agree with them. After considerable
argument Judge Travis, permitted the
petitioners to place their first vntness,
Edward Downey, on the stand. Attor
ney Clark acting for the state objected
to the introduction of his evidence as
being incompetent, irrelevant and im
material, and not being the testimony
heard by the examining magistrate. Af
ter some argument, Judge Travis, re
served a ruling on the matter until later
and permitted Downey to testify.
After Dowr.ey had testified a few
moments, Attorney Clark renewed his
objection and this time Judge Travis
sustained it. He permitted Attorney
Sullivan to amend his petition for the
writ by adding the testimony upon
which the men were committed by
Justice Archer. As this testimony was
not taken down in the lower court, it
became evident that the compiling of
the testimony would be a hard task and
the court granted the petitioners until
Saturday morning to file the amended
petition. The men were remanded to
the custody of the sheriff until that
time.
Will Convene at Elmwood.
A special from Elmwood, under date
of August 24, says :
"The state convention of the young
people's association of the German
Fvangelical association will be held
in Elmwood park commencing' August
26, and continuing five days. It is ex
pected this will be the greatest meeting
they have ever known. Three services
will be held daily in a large tent. The
principle speakers will be Bishop Thomas
Bowman, D. D., of Allentown, Pa.,
and Rev. F. C. Berger, field secretary
of the Y. P. A., and S. S. work of
Flint, Mich. Many will camp in the park
during the entire session."
Remedy Defect Now.
The heavy rain Wednesday did con
siderable damage to the new brick
paving on North Sixth street. It wash
ed the sand out badly and caused the
pavement to settle in spots. One thing
that developed was that the street does
not have pitch enough to drain the
water off. The water stands in the
middle of the street without any cur
rent to drain it away and the result
will be an undermining and settling of
the portion of the street. Steps should
be taken immediately to remedy this
trouble, and give the street sufficient
grade to carry the water away, other
wise it will soon be in bad condition
and the work will all have to be done
over again.
Hcbs in Limbo.
Wednesday Officer Rainey discov
ered one of the genus hobo engaged in
the pastime pf "rushing the can," and
promptly corralled him, casting him
into a dungeon at the hotel de Man
speaker. The gent had a very heavy
load aboard and was striving in addi
tion to add to it. He will be allowed
to get sober, and tomorrow he will face
Judge Archer, who will deal out the
proper amount of his celebrated brand
of justice to him.
Case Continued
The case against George Puters which
came up on the complaint of Chris.
Shoemaker, who alleged that George
had poked him with his fist during a
dispute, was continued until Monday
morning by Justice Archer last Tuesday.
Peters who was informed by the Sheriff
over the phone that he was wanted
came in from his farm near Avoca on
the M. P. last evening and asked a con
tinuance until he could consult a law
yer. He was permitted to go on hi
own recognizance as he is a man of con
siderable property, and wt-il known.
He talks as if he will fight the case.
HIS ARM WAS IN
VERY BAD SHAPE
Did He Fall Cff a Kay Rack or Hurt
it in a Fight?
George Williams, w ho had been work
ing with George Thierolf at Cedar
Creek on his threshing outfit, was in
the city Monday nursing a very bi d
arm, the result, he claims, of a fall he
received while riding on a hay rack last
Saturday.
According to Williams' story he took
on board numerous and sundry drinks
of the beverage known as "red-ee"
last Saturday, and to further fc rtify
himself strongly r.gainst the jossihle
ravages of thirst, he armed himself
with a bottle of liquor. Then he es
sayed a voyage upon a hay rack.
To his confused mind, the hay rack
took on the aspert of a deep sea tug
and tossed and rolled so that George
fell out with a loud and resounding re
port. In lighting he more or Ies bust
ed his arm. He bathed it in cold water
and various liniments all i!?y Sunday,
and on the advice of a physician came
to this city to have it treated.
Arriving here, he se emed to think he
could drown the break and started out
with that purpose in view. Despite his
best endeavors, however, he could not
do so, but he did succeed in making
most of the local surgeons refuse to
take any hand in fixing him up until
he became sober. He finally succeeded
in getting sober enough to permit Dr.
J. H. Hall to dress his arm, and later
he returned to Cedar Creek.
From other sources, it is claimed
Williams was really injured in a fight
at Cedar Creek Saturday night. He
certainly had a bad arm on him, it
being badly swollen and discolored.
From some abraisions on the arm it
was evident he had received septic
poisoning, and he departed with a good
prospect of losing the arm, or possibly
his life.
Sam Smith's Sale.
Next Saturday Sam Smith, the hurt
ling Sixth street horseman, will have a
borse sale at his stables. He has just
received a carload of horses, which he
will have for inspection prior to the sale
and which he will dispose of o the high
est bidder without any restrictions save
the ordinary rules of auctioneering.
Anyone looking for a bargain in horses
had better take advantage of the op
portunity afforded by this sale and at
tend. Mr. Smith also states that any
one having animals to offer are pri
vileged to take advantage of this sale,
and he will sell them upon the usual
terms. This is an opportunity to dis
pose of your animals under favorable
conditions, and if you have any surplus
stock you should not fail to get in and
take advantage of Mr. Smith's offer.
Remember the sale is Saturday, August
29th.
Repairing Damage
Contractor L. G. Larson Tuesday
ucgan pi cparaLiuiis cu maKe me repairs
to the court house, repairing the dam
age done by the lightning in July. The
repairs will include the replacing of the
brick knocked out by tbe lightning, and
the broken slate upon the roof. The
copper sheathing on the dome is also
badly torn up and will have to be re
moved while the flag pole must come
down. The job is delicate one and will
require much care and skill in its com
pletion. The county acted wisely in
selecting Mr. Larson as he is one of
the ablest and most skillful mechanics
in the county, and his work is alwaj'3 a
guarantee of good service. The work
will take several days to complete.
Married in Council Bluffs.
Among the marriage licenses issued
by the county clerk at Council Bluffs,
la., yesterday was one to F. M. Garri
son, aged 21, of Weeping Water, Neb.,
wood, Neb. The couple were later mar
ried at the office . of Rev. Henry De
Long in the court house in that city.
Both of the young people are well
known in their respective homes and
are justly popular.
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