The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, November 02, 1908, Image 1

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SKMI-WEKKLY KDITION FOUR PAG ICS
VOLUME XXVIII
PLATTSMO UTII, NI2I5UASKA, MONDAY, NOVEMBER L 1J)0S
NUMI5ER 52
3
IXbe
EXCEE
LARGE
The Herold-Goates Trial Ends in a Verdict of
SI 2,500 for the Plaintiff, Henry Herold.
From Friday's Daily -
Henry Herold of this city whose
damage suit against W. V. Coates,
also of this city, has been on trial he
fore a jury in district court was amply
vindicated by the verdict which the
jury arrived at this morning after
spending a few hours in the jury room.
They found for him a verdict in the
sum of twelve thousand five hundred
dollars-five thousand dollars upon the
first count of the petition and seven
thousand five hundred dollars upon the
second count. This is one of the largest
verdicts ever rendered in the county
and the largest everj rendered in a
similar case.
The case grew out of the arrest by
the Illinois authorities at Toulon, 111.,
of Mr. Herold, who had been formerly
employed by Coates as manager of his
various stores at Wyoming, 111., this
city and other points. Coates' ground
of complaint was that Herold had em
bezzled a large sum of money from him
while acting in his managerial capacity,
the sum being placed at six thousaud j
dollors. The action there was brought
after Coates had had a careful ex ami-
nation of the business affairs of his (
stores, made by accountants, financial
experts, detectives and others includ
ing his personal attorney, Byron Clark
of this city. He presented the alleged
findings of all these people to the pro
secuting attorney at Toulon, 111., with
the result of causing Herold's arrest.
Herold was not in Coates' employe at i
the time of his arrest, having been re-
moved sometime previously. He was
taken back to Illinois and the case
eventually dismissed against him, noth
ing being done whatever in the matter.
Returning to this city, Mr. Herold
instituted the suit as set out above. It
came to trial last Thursday and the
taking of evidence continued Thursday,
Friday, Monday, Tuesday, Wednesday
and yesterday afternoon until half past
four o'clock, when the counsel for the
parties began their arguments. The
testimony which was voluminous and
conflicting, showed a clear preponder
ance in favor of Herold, there being
absolutely nothing to show -that he was
ever guilty of any of the offenses
charged by Coates. The witnesses
called for Mr. Herold gave him an ex
cellent reputation, both as a citizen
and as a business man. His own evi
dence in the case was clear and con
nected, and gave an explicit account of
all his dealings even under the search
ing cross-examination of Attorney
Clark. He made a powerful impres
sion on the jury by his manifest can
dor upon the stand and this was large
ly responsible for the heavy verdict
which was rendered. The financial ex
perts which he called to the stand were
all highly favorable to him and his side
closed a verv strong case. The defense
was weak and could not show wherein j the northwest. In connection with the
Coates' action had been justified. coal supply problem it is stated that
Coates testimony in itself was of a less than 10,000.000 tons of coal will be
character calculated to injure the de- i shipped from the Pittsburg district to
fense, as his admissions were dragged j the great lakes this year, as against
from him by the counsel for the plain- 12.OU,000 to 14.000,000 last year.
tiff with the utmost reluctance. In J
addition, his supporting evidence was j Fine FrCSpectS.
poor and failed to show any substantial j In a letter to the Journal from W. 'J.
defense to the case. Philpot, who, in connection with John
The argument of Mr. Gerir.g, who Brener, is managing the large Philpot
appeared for Herold, was a bitttir in- ! ranch, near Arnold, Custer county, Ne
vective against the defendant and j braska, writes very encouraging of
several of "his witnesses and bristled j "op prospects in that section. He
with an analvsis of the testimony which ! says: "We had a three inch rain Octo-
wa3
presented to the jury in plain,
cold-blooded facts. He made a very
powerful address and evidently had his
case well in hand.
The court instructed the jury last
evening after supper and the instruc
tions which were voluminous and
lengthy, were considered eminently
fair to the parties. The jury retired
at about nine o'clock and arrived at a
verdict this morning between the hours
of two and three o'clock. They sealed
the verdict and were permitted to re
tire. The verdict when read in court
this morning was received with mani
fest joy by the plaintiff and surprise
and amazement by the defendant. The
general opinion of the public was one
of surprise, not at the verdict but the
amount, the prevailing opinion beir.g
that the verdict , would not exceed
twenty-five hundred dollars, although
dihgly
VERDICT
some looked for a verdict of as high El
five thousand dollars.
The many friends of Mr. Herold in
this community are glad to see him
vindicated and glad to know that his
character which had been seriously
maligned by stories regarding this mat
ter, is now cleared. During the time
Mr. Herold was in business here he
stood well in the community and the
charges when they were made, came
as a shock to the people. He had been
unfortunate in his business ventures
but it had not been considered that he
was anything else, until these charges
began to circulate.
TALK ABOUT
GOAL SHORTAGE
Railroad Men Fear a Coal Famine
In the Northwest.
Chicago, Oct. 2'J. Managers of Chi
cago railroads declare that there will
be another coal famine in the north
west this winter and that they see no
way to prevent it. This prediction is
due to the fact that generally in the
I northwest there is an unpreparedness
for winter, as even less fuel has been
provided than usual. That this is the
fault of the railroads is strenuously de
nied, and it is proposed to give full
publicity to the facts that the railroads
will not be blamed for the famine when
it comes. It is stated that the mana-
ger8 of all raiiroads extending into the
northwest bee-an earlv in the summer
to warn the coal dealers of that region
to prepare for winter. Circulars were
issued and sent broadcast urging the
dealers to buy their winter's supply
during the summer and fall and not to
wait until the winter months.
In addition to the circulars the rail
roads sent traveling freight agents all
through the northwest to arouse senti
ment with respect to an early supply
of coal. The dealers were told that
coal could be transported during the
slack months and stored for winter's
use. Many of the dealers insisted that
they had no storage facilities and did
not care to stand a loss by storing their
coal on the ground. If the railroads
desired to haul the coal into the north
west and stand a loss by storing it,
well and good. Otherwise the dealers
choose to take their chances on late de
liveries. The famine talk did not alarm
the dealers generally, for famine brings
famine prices, and famine prices brings
larger profits.
The railroad managers were there
fore compelled to abandon their at
tempt to induce an early ordering of
coal supplies. The best they could do
was to see that their own supplies were
stored ahead of consumption, so that if
famine threatened they would be in
better position to hurry the coal into
oer wnicn put anana ana winter
wneat in line condition ior me winter.
I We just finished threshing 1S00 bushels
j of small grain of good quality. Corn
will make from 25 to 35 bushels per
acre and of good quality.
J. Elmer Leyda the eminent lawyer
with his family of Falls City, Neb.,
has been in the city several days the
guest of John M. Leyda and family, Mr.
Leyda has been honored with the office
of county attorney of Richardson county
by his fellow citizens and is a justly
esteemed attorney of much merit. He
has been retained by his brother to
assist in the defense of Gering-Leyda
damage suit which will be tried next
week.
For Sale Good hard coal burner. Call
at Seventh and Marble. Phone 121.
Mrs. R. G. Ritchev.
Car Burglarized.
Last night the car containing the
household goods of Supt. of Shops
Baird, which was standing on the team
track near the Burlington freight de
pot, was broken into and robbed of
several articles of clothincr. The car
had been open during the day by Mc
Maken & Son's transfer men, theyhav
ing the work of moving his goods to
his house. Some carpets had been
taken from the car, but no other prop
erty. When the men had finished tak
ing out what they desired the car was
padlocked on the side which had been
opened, the other side being sealed.
Last night the door which was sealed
was broken open and two coats and
vests and two pair of pants with an
overcoat were taken out. The burglary
was discovered this morning, and Agent
Pickett reported the matter to the po
lice, who have not at this writing been
able to locate the burglars. It is prob
able that the work was done by tramps
or hoboes and there is small. likelihood
that they will be apprehended.
A VERY NOVEL
ENTERTAINMENT
Mrs. W. H. Wehrbein Entertains in
Honor of Her Guest, Miss
Maude Blakely
From Friday's I hilly
Last evening Mrs. W. II. Wehrbein
entertained a number of friends at her
charming country home, with a bundle
party given in honor of her guest Miss
Maude P.lakely of Creston, Iowa. The
party which was from this city almost
exclusively was driven out by William
Wehrbein and Frank Bestor and left
for their entertainment at seven o'clock
arriving at Mrs. Wehrbein's at about
nine in the evening. T'ley had an even
ing of entertainment seldom excelled,
the hostess furnishing them with a full
measure of amusement. The bundle
party is somewhat of a novelty consist
ing of each guest coming provided with
bundles which were tied on strings and
were picked out by the guests who
were blindfolded. It was productive
of much fun and everyone thoroughly
enjoyed the amusing mistakes which
resulted. After this this party had
guessing games in which Frank Bestor
proved his proficiency and won the king
prize a handsome hand painted vase,
while Miss Viola Becker proved just
how bad she could guess and captur
ed the consolation prize a Taft button.
This was 'on the theory that all the
Taft folks would have after election
would be consolation. After this the
hostess served the visiting guests with
a very elegant four-course luncheon
gotten up in a style such as only Mrs.
Wehrbein is capable of producing. That
it struck a tender spot with the guests
goes without saying, Following the
luncheon the guests returned to their
homes in this city arriving here at a
late hour.
For the occasion Mrs. Wehrbein had
tastily decorated the house in Autumn
leaves and corn, handsome and artistic
decorations while at the luncheon a
neat favor in the shape of a red carna
tion lay at the plate of each guest.
Iinvited guests included Misses Leona
Brady, Edna Peterson, Julia Herman,
Hermia Spies. Alice Ofe, Emma Bauer,
Letty Smith, Frances Hiber, Rebekah
Haines, Josphine Jelenek, Gertrude
Beeson, Margaret Weber, Marie Hiber,
Murl Barthold, Marie Wehrbein, Viola
Becker, Elizabeth and Emma Hirz and
Maude Blakely of Creston, Iowa. Mes
srs. Phillip Hirz and Frank Bestor,
Mr. and Mrs. John Wehrbein.
More Campaign Funds.
In enclosing the subscriptions from
Elmwood and Eagle the following let
ters were sent the World-Herald which
show how the leaven of reform is work
ing in the county. These letters, es
pecially that of Mr. Forsyth, deserve to
be read by every democrat:
Eagle, Neb., Oct. 29. To the Editor
of the World-Herald: You will find en
closed $1 for the Bryan campaign f und.
I am a Fremont-Lincoln republican. I
have voted the ticket in 1S56, but the
party has went back on every principle
it was founded on. I left the party
sixteen years ago, or it left me.
Yours truly
Jasiel Forsyth.
Elmwood, Neb., Oct. 29. To the
Editor of the World-Herald: Please
find inclosed draft for $18 for the demo
cratic campaign fund. This was con
tributed by members of the Elmwood
Bryan club. Our club is in good work
ing order and expect to reap good re
sults on election day from this organi
zation. Yours truly.
L. F. Langhorst.
Plattsmouth cigars. Gering & Co.
In District Court.
From Friday'.-. I :iily
In district court today aside from
entering the verdict of the jury in the
Herold-Coates case, Judge Travis ex
cused the jury from duty until Wednes
day morning, Nov. 4.
He set down the case of Hentoii vs.
The Woodmen of the World for trial
on Wednesday, Nov. 4, at 9 o'clock a.
m. The case of Osbun vs. Pope was
continued generally. In Clark vs.
Fleishman the defendant was given
until Monday, Nov. 2 to answer, and
the plaintiff two weeks in which to
reply.
The case of Gering vs. Leyda, et al,
was set down for trial on Thursday,
Nov. 5, at 9 a. m. A motion of the
plaintiff for a continuance was over
ruled. The plaintiff was allowed to file
the affidavits of Gen. John C. Cowin
and Judge J. J. Sullivan in support of
the motion to which the defendant ex
cepted.
THE BRYAN
FUND SWELLS
Cass County Friends of the Great
Commoner Send In Their Mite.
From Friday's Daily
Yesterday was another big day for
the democrats of Cass county in their
contributions to the World-Herald cam
paign fund. They came from several
sections and all turned in their little
mite to aid in saving the country from
the domination of trusts and monoplies
and they all mean help for Bryan and
permanent prosperity. J. M. Carper,
the well known and popular farmer of
Center precinct, sent in One Dollar,
while Plattsmouth had a list of one dol
lar donations as follows: Anton H.
Koubek, George Pick, J. J. Swoboda,
Joseph F. Swoboda, George Dodge,
Philip Thierolf, John McNurlin and
Chris Mockenhaupt. All of these gen
tlemen are well known and deservedly
popular. Anton H. Koubek is the pop
ular bartender for Ed. Donat, a live
young Bohemian citizen, and a good
democrat; J. J. Swoboda is the popular
west Main street merchant, and one of
the best citizens of the city; Joseph F.
Swoboda is another well known and
justly esteemed Bohemian citizen;
George Dodge is the popular and well
known employe of the Burlington shops;
Philip Thierolf is one of the best known
German citizens of the county and one
of the city's best business men; John
McNurlin is the well known retired
farmer of this city, a man of wealth
and standing in the community and one
willing to aid in the good cause; and
Chris Mockenhaupt is another well
known business man of high standing
in the community, who believes in de
mocracy and is willing to show where
he stands. But these are not all Ne
hawka is represented by Frank M.
Massie, the well known democratic far
mer and excellent citizen, Tyler Shep
herdson, also well and popularly known
over that section of the country as an
exemplary man, and Leslie Gregory
another of the best men in that vici
city, all of whom added their dollar to
Bryan and success, while Weeping
Water came to the front with William
Heeny, John Carper and Henry Snell,
all of whom are among the very best
people in the Weeping Water neighbor
hood, and each one of whom contri
buted one dollar to the fund- Murray
added to its already generous donations
by one dollar from each of the follow
ing gentlemen who are all men of
standing and responsibility in that com
munity and most excellent citizens,
viz; A. F. Nickles, Glen Rhoden, John
Porter, George A. Oldham, Charles
Schwab, and Ernest Richter. This is
certainly a fine showing for Cass
county when it is taken into considera
tion that there has been a steady stream
of contributions poured into the coffers
from all sections of the county,
shows that the democracy of Old Cass
is militant and full of fire and ginger
and that they all realize that the Great
Commoner represents the peoples cause
and he ought to be and will be elected.
New Telephone Building.
T. H. Pollock, general manager of
the Plattsmouth Telephone Co., was an
Elmwood visitor Wednesday. Mr. Pol
lock was one of the successful men who
drew a farm in the Rosebud, but has
concluded that instead of moving onto
his South Dakota claim he will come to
Elmwood and rush the work on the
telephone exchange that is" to be built
here. The plans, as Mr. Pollock ha3
them, calls for a brick building 25x36,
one story high, with pressed brick
front, a building that will be a credit
to Elmwood. There will be ample of
fice room, together with five or six liv
ing rooms for the manager and his fam
ily, and it is expected that work on the
building will commence in a few days.
Elmwood Leader-Echo.
FJIMV AGEHT
BADLY lEflT CJiP
Enticed to the Home of Charles Hickson, Who
in Turn Gives Him an Unmerciful Beating
From Friday's Daily -
The case of the State vs. Hickson
which was dismissed yesterday after
noon by Judge Archer had a tragic
sequel last evening when Charles Hick
son, who had been discharged, proceed
ed to lay a plot which near resulted in
the death of W. II. Thomas, the man
who had had him arrested, charged with
making threats against his life. Back
of the trouble of last night lavs a story
of alleged attempts by Thomas to break
up Hickson's home and claimed im
proper advances made to Hickson's
wife. It was on account of Thomas's
visits to the Hickson home that the
alleged threats of Hickson were utter
ed. Hickson, it is alleged, had warned
Thomas to stay away from his place
1 1 f At . ' A f
anu to cease irom attempting to lorce
his attentions upon Mrs. Hickson, and
in pursuance of his desires he had
threatened Thomas with all kinds of
trouble, if he did not desist.
Last evening, after his discharge
from custody here, Hickson went home
which is upon the old Ben Schleicher
place, southeast of the city, and it
would appear entered into a plot with
his wife to "do up" Thomas. Their
little girl was sent down to the home of !
Charles Miller, where Thomas was ;
staying, and told to ask Mr. Thomas to i
come up to the Hickson place as the j
new owner of the place was there and
wish to see him about some fruit trees.
Thomas is a fruit tree agent, and he
claims to have believed that he could
make a sale by going up there. He
went, and immediately was set upon by
Hickson and it is claimed, his wife.
The result was a fearful beating ad
ministered to Thomas; in fact he being
almost beaten to death. It is alleged
that his injuries were caused by the
use of a poker and knives and other
weapons. Both of his eyes were quick
y closed and the attack consisted of a
vicious assault upon the man, he being
beaten and kicked in a horrible manner.
After the assault he staggered away
and was later found wandering about
in a corn field, both eyes closed and
covered with blood. He was brought
to town almost immediately and medical
attention given him, he being taken to
the rooms of Dr. Barnes in the Water
man block. His condition is very dan
gerous and at this writing the full ex
tent of his injuries cannot be told.
Immediately after the assault, Hick
son fled but was speedily located by the
authorities at South Omaha, where he
was placed undei arrest. No complaint
has yet been filed against him, as the
authorities are waiting to ascertain the
extent of Thomas' injuries.
Thomas had so far recovered this
noon that a reporter was permitted to
interview him. He is in a room in the
Waterman block and was sitting upon
the bed when the reporter wa3 admitt
ed to the room. He presents a horrible
spectacle. His face had been beaten
up terribly, his eyes were blacked, one
of them closed and the other swollen
badly while his head had several bad
and ugly looking cuts upon it. Thomas
states that he visited the place where
he was assaulted upon the request of
Hickson's little girl, who told him that
Mr. Nelson, the owner of the property
was there and wanted to see him. He
was in the house when Hickson came
in and assaulted him with a club, in
flicting the injuries from which he was
suffering. He declared that Mrs. Hick
son aided her husband under compulsion,
he having threatened to kill her if she
did not. He claims the injuries he wa3
suffering from were inflicted by Hick
son with a knife which he carried. He
declared that Mrs. Hickson did not use
a poker on him as reported, and seem
ed anxious to exonerate her from blame
in the matter. He vowed vengeance
on Hickson as soon as he was able to
get out. He had to pause several times
during his statement and seemed to be
suffering from pains in the chest and
throat.
Hickson is still at South Omaha, but
will likely be brought drown this after
noon.
Cnas. Miller the man with whom
Thomas was staying was in the city to
day and in an interview states that he
heard the little girl who came after
Thomas tell him that Nelson, the owner
of the place wanted to see him and that
he heard Thomas inquire as to whether
Hickson was there or not and that the
little girl told him he was not. That
Thomas went away and shortly there
after he heard some horrible groans
and going to the door he saw Tliomns
staggering down the wagon road. He
did not know him as he was covered
with blood and great welts wi re si end
ing out on his face. His clothes were
torn and ragged and he wjis unrecog
nizable. Thomas was saying "I am
Thomas, the nursery man from Council
Bluffs." He went to Thomas aid and
brought him to the city as staled above.
It is learned that Thomas home is at
Council Bluffs and that he is a single
man. He has been traveling over east
ern Nebraska for hornetime past t elling
trees.
Hickson's arrest at Omaha was
brought about by Sheriff Quinton tele
phoning the Chief of Police at that
point as he learned that Hickson had
left for that place. He is still theie
and Sheriff Quinton had not determined
just when he would go after hint. It
is probable that he will have him back
here tonight or in the morning.
County Attorney Kawls has taken no
steps in the matter as he has been so
busy in court that it was impossible for
him to give the case the proper at
tention. They Secured No Booty.
From Friday's Daily
Sheriff Quinton this morning receiv
ed information by telephone that the
Bank of Manley was entered last night
by burglars. They had broken into the
blacksmith shop near the bank and se
cured tools with which they effected
an entrance through the roof of the
bank. They found however, that they
would be unable to enter the vault and
contented themselves with scattering
the papers on the desks about. They
secured no booty and so far the officers
have not secured a clue to them.
0. W. Laughlin in Town.
From Friday's Daily
O. W. Laughlin, democratic candi
date for representative, was in ths city
last night and this morning looking
after his chanees for election. Mr.
Laughlin has been making a good can
vase of the county and has been much
encouraged by his reception everywhere
He is an excellent man and will make
a fine representative if elected which
all indications now point to. From every
section of the county he is meeting with
good reports and there is every reason
to fignre that he will receive a hand
some majarity which is certainly well
deserved.
A Case of Destitution.
From Friday's Daily
The Journal is informed that there is
a case of destitution in the city which
should receive immediate attention from
those inclined toward charity. The case
in question is that of Mrs. Ernest Shu
beck, living in the Second ward, near
Councilman Weber's. This woman is
reported to have five children dependent
upon her and has been making her iiv
by washing. Diptheria has broken out
in the family and aid is needed for thern
Charitable people should see to it that
all things possible for their aid and
comfort is furnished them at once.
C. M. Seybert in Tcwn.
From Friday's Daily
C. M. Seybert, democratic candidate
for county commissioner, is in the city
today shaking hands with friends and
looking after his fences. Cam is quite
confident of election, as he should be.
He is one of the best men on the demo
cratic ticket, and a man whom should
be a pleasure for everyone to vote for.
He ha3 made a splendid canvass and
everywhere he has gone he has made
an excllent impression and will receive
the votes of a great many people who
may differ from from him politically.
There is every probability that his
majority will be a surprising one.
For Sale.
43 acres of land 1J miles from Platts
mouth; good new house and out build
ings; 800fruit trees; 29 acres cultiva
tion; 10 acres in alfalfa; 5 acres fenced
hog tight'and the remainder in timber
and pasture. Good spring water the
year round. This place must be sold
as soon as possible. Enquire or write
Mrs. Frank Svehla.