Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (Nov. 9, 1908)
SEMI-WKKKLY EDITION FOUK PAG ICS
VOLUME XX VI II
ILATTSMOUTII, NEBRASKA, MONDAY, NOVEMBER 9, 1908
Bozarth, the Murderer, Now on Trial in the
District Court A Large Number of Wit
nesses Present to Testify.
From Friday's It.illy -This
case of the State
vs. Bozarth was taken up and the
morning was consumer! in trying to se
cure a jury. Bozarth is the man
charged with the murder of James
Dyer at Greenwood several weeks ago
and the defense will probably be in
sanity. County Attorney Kawls repre
sents the state while A. N. Sullivan is
handling the defense.
The jury in the Bozarth case, as
finally selected, is as follows: Theo.
Amick. John Weyrich, Thos. Murphy,
W. D. Wheeler. Chas. Brann, T. S. C.
Dabb, Luke Wiles, Albert A. Weten-
kamp, K. C. Giberson, Chas. Wilkins,
John Brady, and W. R. Murray.
taking of testimony commenced this
morning, the first witness called being
Dr. N. D. Talcott of Greenwood whose
testimony was along medical lines.
Dr. Talcott testified as to the posi
tion and nature of the knife wounds
from whi-.-h Mr. Dyer died. There was
no effort to prove either sanity or in
sanity by the witness.
H. H. Wiedeman testified to the
actual facts of the murder, he being
an eye witness. According to him, j
Bozarth approached Dyer and when ;
they were together he placed his arm
about Dyer's neck and with an open
knife stabbed him twice in the abdo- j
Dyer seized his arm and together
they struggled for a few moments
when Dyer weakened and as he sank
to the ground Bozarth plunged the
knife into his heart. Bozarth then
started away and was speedily ever
taken and disarmed- He did not strug
gle. This in brief is the story of the
tragedy. Constable Andrus gave some
important testimony on Bozarth's cap
ture and delivery to the jail here while
the testimony of Gus Brockhauge and
Charles A. Helms was largely corrobo
rative of those who went before.
The afternoon session of the case
nnon1 tvirh the reading of the deDOSi-
f T M Rnrarth of Rush Soriners.
Oklahoma, Sam Bozarth of Salina, j railment this morning early, which re
Texas brothers of the defendant. Dr. suited in tying up the road for the day.
N Clayton of Salina, Texas, Ben The trouble was caused by the derail
Smith of Salina, Texas, J. H. L. C. ment of a car between Murray and
T?v,h f ?alina TVvas. all called bv ! Union which the trainmen were unable
the defense and read at this time so j
that the medical witnesses for the
state could obtain an idea of the evi
dence in the case These witnesses all
octifioH tn an acnuaintance with the
defendant while he lived in Oklahoma
and Texas and each of them was of
the opinion that he was mentally un
balanced, basing their belief upon his
actions and conversations. They all
testified that he had been afflicted with
delusions in which he thought that his
neighbors and other parties were seek
ing to imprison him and to take his
life. His brothers testified as to some
distant relatives having been insane
and idiotic at times
although this tes-i
timony was rather weak.
Dr. Hayes of the State- Asylum for
the insane was then called by County
Attorney Rawls and a
question put him in whicn all tne evi-1 at length at that time. The only differ
dence of the case was incorporated as j ence .g -n the sJze of the machine an(j
well as many facts which showed the the number of drawers it contains. It
delusions from which he was suffering win greatiy facilitate business with
had continued all through his lifetime, j th-g enterprisjng firm and assures them
Dr. Hayes gave it as his opinion that j protection against the usual mistakes
Bozarth was insane and that that con- j of business The machine was sold
dition wouid continue so during the re- ; them by a D Lusk the enterprising
mainder of his life. He was what was j salesman of the Cash Register Corn
known as a paranoiac or a monomaniac, j pany
There might be intermissions when he j
would be rational but the delusions) Returns FrOlTl Oklahoma,
would return. Defendant was a dan- j Adam midf tne vigorous German far
gerous man. He did know right from j mer from wegt of this city has been
wrong but his actions were controlled . taking. a well deserved vacation from
by his delusions. He must have known j hig labors and for the past three weeks
the killing was wrong. The examina- j h begn - Oklahoma visiting with
tion oi the witness orougni out me ,
fact that Eozarth claimed to have heard
that Dyer '"had a gun for him," he
telling Dr. Hayes this when he was ex
amining bin last evening. .His testi
mony was Favorable to the defendant
save that ii laid strong grounds for Bo
zarth's cortmitment to the asylum.
Dr. E. t. Cummins also testified
strongly that Bozarth was insane but
that he knew the act of killing was
wrong. S3f protection impelled him
to commit the act as he feared for his
Dr. J. H. Hall also testified that Bo
zarth was insane and he was of the
opinion that Bozarth did not know the
difference between right and wrong.
Dr. Hall believed the mental trouble
would continue indefinitely.
This closed the medical testimony for
the state which had sought to show
that Bozarth was so dangerous an in
sane man that he should be strictly
confined. No effort was made to prove
sanity or to prove a motive for the
crime and the efforts of the state were
directed toward making so strong a
case that Bozarth should go to the
Hon. Albert Metzger.
Here is a Cass county production that
we are all proud of. Born and reared
to manhood here he went to the north
western part of Nebraska several years
ago and located on a ranch in Cherry
county, where together with a brother
he engaged in stock-raising, and has
prospered well. Two years ago the
people of Cherry county honored him
by electing him to the legislature, and
wanted to send him back again this
winter, but he refused to accept a re-
nomination because it interfered with
njs business so much that he could not
afford to spend so much time away
from home. Mr. Metzger came in from
the ranch Wednesday to visit his
mother, brother and sister at Cedar
Creek, and came down to Plattsmouth
this morning to look after some busi
ness matters, previous to departing for
his home on the noon train. While in
the city Mr. Metzger called at the Jour
nal office to extend congratulations to
Col. Bates and renew his faith in his
old home paper, and all we regret is
that Albert will not be at Lincoln to
keep us company, as he is one of the
finest young men in Nebraska.
Another Wreck On the M. P.
From Friday's Daily
The Missouri Pacific had a slight de-
to get on the track again
On this ac-
count, the northbound morning passen
ger was detoured via Weeping Water
and Louisville, while the southbound
train went the same way. The freight
for the south was reported as being at
South Omaha at 11 o'clock, while it
was not known whether it could get
further south than Murray at all. There
were many passengers much incon
venienced by the wreck, there being
passengers for both the north and the
south in large numbers.
New Cash Register.
John Hatt & Son have just added a
' Annl. - a 4-a 4-Via ortiiinmonf ff
ineir siore, Having ui&Laueu u. jraici
day. It is a fine, new modern and
strictly up-to-date machine much like
rViar rnr in a short time since bv H. M.
, h and which was described
relatives arid friends at many points
including Minco, El Reno, Union City
and other points. Mr. Hild found
everything in Oklahoma to be in fine
shape, the crops being abundant and
everything prosperous. The ex-Cass
county people who are located down
there are all enjoying themselves huge
ly and have been very fortunate in
their business. Mr. Hild certainly en
ioved himself while away and was
SOrry to have to return.
Could Not Get There.
From Friday's Iit,lly
Commissioner Martin Friedrich was
greatly inconvenienced by the wreck
on the M. P. between Murray and
Union. It had been arranged for the
county commissioners to meet today at
Union and proceed to the proposed
Liberty drainage district where they
would look over the ground and make
an investigation into the proposed dis
trict. Commissioners Switzer and Jor
dan were on hand this morning but Mr.
Friedrich could not make it as he could
not get a train, the wreck causing the
south bound train to be detoured by
way of Weeping Water. He was prom
ised that he might be able to get
south on the freight, but later he was
told that this train would likely be an
nulled so he was forced to abandon the
trip and so telephoned the remainder
of the commissioners. They in com
pany with several other parties are
engaged in the task of looking the
ground over this afternoon.
Frm Friikiy's f;iily
In district court yesterday afternoon
Judge Travis put an end to the case of
Henton vs. The Sovereign Camp of the
Woodmen of the World by instructing
the jury to return a verdict in favor of
the plaintiffs. The amount was $750
which is divided between Mrs. Henton
and the minor heirs of the deceased.
The testimony in the case developed
the payment of Henton's lapsed dues
to the Clerk of the Camp on the day of
Henton's death. He had failed to pay
his dues for several months prior to his
death and under the rules and by-laws
of the order stood suspended as a mem
ber. The court held the acceptance of
the back dues by the Camp Clerk rein
stated him as a member and made the
order liable. It is probable that the
case will be appealed to the supreme
A Good Appointment.
Burlington Agent Pickett is in receipt
of a. formal circular announcing that F,
T. Darrow has been appointed Engineer
Maintenance of Way vice I. S. P.
7eeks, deceased, with headquarters at
Lincoln, Neb. Mr. Darrow is quite
well known in this city and throughout
Nebraska, having been District Engi
neer for the Burlington for sometime
past. His new appointment comes as a
well deserved and marked promotion.
He is generally recognized as one of the
ablest members of the Burlington's
engineer corps and has been credited
with a great deal of their most difficult
work. He is largely responsible for the
new subway which the company is
building at this place and the plan of
lowering the streets for the drainage of
flood waters, is one of his devices
His many friends in this city and vi
cinity extend their congratulations to
him upon his notable promotion.
CALLED FOR DUTY
Sheriff Fischer, of Otoe County,
Called to Chase Down the
Weeping Water Mur
derers. The Nebraska City News of Thurs
day says that Sheriff Fischer was called
to Syracuse this morning to take up
the track of the men who are supposed
to be the one who killed the night
watchman at Weeping Water last week.
It seems that Mr. Emmens in coming
into Syracuse last evening, saw two
well dressed men crossing the railroad
track going toward a hay stack and re
ported the matter when he got into
town, because they acted so strangely.
Constable Meeker and several others
went out to that place and found where
the men had been, but they were gone,
so they could not find any trace of
About midnight Landlord Holderness,
of the Syracuse hotel, heard a noise
and going down into his kitchen found
one of the men there eating and he
made his escape. He at once aroused
a number of people and they started
out to search for them.
The men answer the description of
the men who killed the watchman at
Weeping Water and has since been able
to escape arrest. Both are well dress
ed. Mr. DeFreece came into town and
passed the men going out and his des
cription tallied with others who had
seen the men. A detective came down
from Lincoln on the freight train and
took up the trail of the men. The men
went south and are working south of
Syracuse this- afternoon and hope to
make a capture before night.
ED OF BIGAMY
Once a Citizen of Nehawka and a
Preacher at the Time of
From the following special from Te
cumseh. Neb., under date of November
5, it would seem that the once Rev.
Toms, who made his home at Nehawka,
this county, has finally come to grief:
"The somewhat checkered career of
"Rev. Dr." Toms received a backset
at Lamed, Kan., Wednesday when he
was found guilty of the charge of big
amy in the district court of Pawnee
county. At one time Toms was engag
ed in the mercantile business at Graf,
this county. lie had prepared himself
for the ministry, being of Baptist per
suation, and has had charges in Ne
braska. For a time he lived in Tecum
seh. but did not engage in ministerial
work here. Later Toms devoted his
time to the practice of optometry and
traveled as an optician. In this way he
secured the title of "Dr." Toms mar
ried a daughter of Mr. and Mrs. W. C.
Carrington of Tecumseh and a child was
born to them. There were domestic
difficulties and Mrs. Toms and child
came to Tecumseh to make their home
with herparent3. Toms went to Kansas
and engaged in evangelistic work, and
in the meantime he went to Colorado
Springs, Colo., and secured a divorce.
The decree was granted on September
15 last and on September 17, two days
later, Toms was married to a Mrs. Kate
Kennedy at Great Bend.
"The woman had heard him preach,
had become acquainted with the re
vivalist, and their acquaintance seem
ingly ripened into love and their mar
riage followed. The woman is 20 years
the senior of Toms, having grown
children, and is said to have some little
wealth. The particulars in the case
leaked out and the friends of Toms'
first wife, particularly among the
church people, took a hand in the mat
ter. The result. was the ai2tof Toms
on the charge of having falsified in se
curing his divorce and not having
waited the time prescribed by law be
fore remarrying. His conviction fol
lowed. The judge at Lamed will pass
sentence within a few days. Toms may
appeal to the supreme court, but the
prosecution announces it has a convict
ing case against him."
IN THE STATE
Returns Prove He and Shallenberger
Sure With Many Other Offices.
The result of the election in Nebras
ka is still in doubt except as to the
presidential ticket and the governor
ship. Bryan carries the state by ap
proximately 4,000 while Shallenberger
is governor by close to 8,000. On the
remainder of the ticket the result is in
doubt, the indications being that the
republicans will get the lieutenant
governor, secretary of state, auditor
and attorney general while the demo
crats elect the land commissioner, rail
way commissioner, treasurer, and sup
erintendent of public instruction.
Complete returns not being available
on the offices below the governor and
it is possible there may be changes in
the line-up as given above.
On congressmen the democrats elect
three men, Maguire in the First,
Hitchcock in the Second and Latta in
thejThird, while the republicans elect
Hinshaw in the Fourth, Norris in the
Fifth and Kinkaid in the Sixth.
The legislature is heavily democratic,
that party having a known majority of
nine in the senate and probably forty
majority in the house enabling them to
pass the much needed legislation de
manded by the people and uphold the
hands of Governor Shallenberger.
To Have Examination Made.
From Saturday's Daily
Dr. J. F. Brendel of Murray accom
panied Glenn Perry and his two little
boys to this city this morning, the
party driving up from Murray and ar
riving here just in time to connect with
the Burlington fast mail for Omaha.
Mr. Perry is having his two little boy
taken to Omaha for an examination by
Dr. Gifford, one of the little fellows
suffering from bad eyes while the other
has a throat affliction. The examina
tion will take place this afternoon after
which the party will return to this city
on No. 2 and drive back to their homes.
When buying candies, why not buy
the best? We always have a fine line
of the superior grades on had. Nemetz
& Co. Next to P. O.
Hurried to the Hospital.
From Friday's Dally
J. W. Tulene was hurriedly taken to
the Immanuel hospital last evening,
where an operation was performed up
on him. While he had been complain
ing for some time of feeling badly, he
had become so bad that the attending
physician deemed an operation impera
tive. At the hospital the operation dis
closed the fact that Mr. Tulene was
suffering from a loop in the bowels,
which was immediately relieved and at
midnight he was reported as resting
easier and with every prospect of get
ing through all right. W. A. Tulene,
his brother, was a passenger this morn
ing for Omaha, where he goes to look
after him and assist in any way possi
ble in his recovery. It is to be hoped
that he finds him very much improved
and that his complete recovery will be
a question of only a very short time.
From i rid.iy's l);iily-
A Western Union bulletin received
this noon gives the latest election news
as follows: The republicans elected two
congressmen for. certain, they being
Hinshaw in the Fourth and Kinkade in
the Sixth district, with Norris in the
Fifth district in doubt. The democrats
elect Maguire in the First, Hitchcock
in the Second and Latta in the Third be
yond a doubt, with the Fifth in doubt.
Returns indicate Missouri is surely re
publican by a scant plurality and Mary
land is so close as to be in doubt. This
is not much of a chauge from the
morning reports and indicates returns
coming in very slow.
For Supreme Judge.
A special from Fremont says that
the members of the Dodge County Bar
have unanimously signed a petition to
Governor Sheldon to appoint Hon. Geo.
L. Loomis a judge of the supreme
court to fill one of the vacancies made
by the adoption of the constitutional
amendment increasing the number of
judges. Fremont people generally,
without regard to politics, are anxious
to see him one of the two democrats to
receive the appointment.
He Extends Thanks to His Friends
for Their Generous Support
Alma, Neb., November 4. World
Herald: Through your columns I wish
to extend to the democracy of Nebras
ka and the friends in all political part
ies who made possible the splendid
democratic victory in this state Novem
ber 3, my sincerest thanks.
A umited and thoroughly organized
democracy proved conclusively the
irresistible force of perfect organization
while, of course, the first reason for
our substantial victory in this state
was the determination of our people to
show their trust in our great and grand
leader, Mr. Bryan, by giving him a
vote of confidence. Yet splendid work
was done by every one concerned with
This year I wish to congratulate the
chairman and every member of the
state committee and Bryan Volunteers
and working force for their very effici
ent work in the late campaign. Especi
ally I wish to acknowledge personally
the splendid work done by our incom
parable secretaray, C. M. Grunenther,
working night and day. He achieved
success when victory was generally be
lieved impossible, and proved himself
the Von Moltke of Nebraska politics.
To the World-Herald, our only met
ropolitan daily, I wish to extend thanks
for its invaluable assistance and to say
that good democrats every where rejoice
in the success of Mr. Hitchcock, cand
idate for congress, as well as in the
triumph of our other congressmen and
legislators who were elected.
A. C. Shallenberger.
Robbed at Ashland.
Friday at Ashland A. L. Snavely
of Omaha was assaulted and robbed
within a short distance of the Burling
ton station by an unknown man who
made good hi3 escape. Snavely who
had come into the town from the east
on train No. 13, started to walk up to
the city when he met a man who in
quired of him the way. He answered
the questions put him when the man
suddenly leaped upon him and knocking
him down proceeded to go through his
pockets. The robber secured $130.
Snavely made an outcry but the noise
of the train leaving the station drown
ed his cries and the man was enabled
to get a good lead over the citizens
and the officers. So far as can be
learned there has been no capture made
of the scoundrel. The local police and
sheriff are on the outlook for the robber.
The New Home of Mr. and Mrs.
Henry Born, Three Miles South
west of Plattsmouth
Near the Taylor Hchool house, three
miles southwest of this city, is situated
one of the most convenient and up-to-date
farm residences in Cass county.
It is the new home of Mr. and Mrs.
Henry Born, who have just cau.se to
feel proud of it. Several years
since, probably three or four, Mr.
Born purchased the farm upon which
this elegant home in located, from
Charley Warner for $lM).ou per acre,
also SO acres adjoining from Senator
Thomas at the same price.
The farm which he pure!. as- d from
Mr. Warner had a house upon it built
fifty-years years ago by ('apt. Archer
ar.d which had served all practical pur
poses until the natural thrift of Mr.
Born had served to put. him i;i a position
where he could afford to build him the
line new home he has jut finished.
The new home is an eight room farm
cottage fully equipped with every
modern convenience, finished m elegant
style with valuable woods ar.d handsome
interior finishings. To enter it is to
step within the threshold of one of the
finest rural residences in Nebraska.
The couple have just moved in and that
they enjoy their new home is assured.
The work upon the building was done
by A. Baxter Smith and Herman Tie
kotter and that alone should serve to
demonstrate the superior quality of
the work. These men gave the job
their closest attention and made certain
that when the job was completed they
could well be proud of their work.
Henry Born is a son of our good
German fellow citizen Leonard Born
and he has inherited all the energy and
thrift which has distinguiscd his father.
To the early aid given him by his fath
er he owes much of his success in life,
and to this he has added by his patient
work and toll. The new home is a
standing monument to the patient la
bors of this good citizen.
SCHOOLS ARE BE
Board Gets Busy and Takes Advant
age of Teachers Vacation
To Do Work
Several days since the Journal in re
sponse to a suggestion from a lady in
the citv. printed an article calling the
attention of the school board to the op
portunity to fumigate and disinfect the
schools during the vacation. The sug
gestion met with instant approval from
the public and the Journal is glad to
note that the members of the board
promptly seized the opportunity and to
day the schools are being fumigated
througout the city. This is excellent
work and cannot be too highly com
mended. While there was no pressing
danger of any contagions disease get
ting a foothold in the schools it was the
part of policy to take no chances and
the board realized this and immediately
got in to action. The expense of the
work is trifling especially in the view
of the measure of prevention which it
accomplishes. The work of the board
cannot fail to meet with public approval.
The work commenced with the schools
on the north side of the city and was
extended over the whole town until all
the various wards and the High School
is take care of. By night all the work
will be done and Monday when the
schools again throw their doors open
there will be absolutely no danger of
Old Friends Meet.
i From Saturday's Daily
Dr. E. W. Cook of this city, this
morning was very pleasantly surprised
to receive a visit from an old school
mate of his. Mr. W. B. Donaldson of
Pierce, Neb., happened to be called to
the city upon business and immediate
ly proceeded to look up Dr. Cook with
whem he was raised some twenty-five
years ago at Salem, la. They had a
very enjoyable visit the long interval
of a quarter of a century serving to
make the meeting most agreeable. Mr.
Donaldson also had the pleasure of
meeting M. S. Briggs who also came
from Salem at the same time that both
Mr. Donaldson and Dr. Cook were
there. After a very pleasant visit
with both gentlemen Mr. Donaldson
departed on the mail train at noon for
his home, all parties agreeing that they
would not wait another twenty-five
years before meeting.
Powered by Open ONI