ASKS COURT FOR
CHANGE OF VENUE
DIES IN
CHICAGO
Attorney For Fred Ossenkop
Files Motion Saturday
Attorney Matthew Gering is mak
ing a determined and desperate fight
to protect the rights of Fred Ossen
kop. his client, and has filed two
several motions which aim to secure
the quashing of the present panel
of regular Jurors for this term and,
that failing, another motion support
ed by affidavits has been filed for
a change of venue.
The first motion goes to the meth
od under which the present Jury was
drawn and attacks the validity of the
panel and their right to serve at this
term of court. The statute, it is con
tended, is mandatory In the provis
ion which requires the district Judge
to set the terms of the district court
upon the first of the year. Ttois was
done by Judge Travis as required
by law. After the terms have been
set the county commissioners the re
quired to select a list of sixty names
equally proportioned among the sev
eral precincts of the county, which
list must be filed within five days
with the clerk of the district court
who In conjunction with the sheriff,
then draws the twenty-four Jurymen.
This list must be prepared not less
than fifteen days before the time of
the court sitting. The venire and
subpoenas are then prepared and
served as usual.
It is contended by the counsel for
the defense in this case that on De
cember 15th the county commission
ers selected the nemes for the clerk
of the court but that they showed
the list as selected for the "Febru
ary" term of the court and further
more that the law as to the names
equally proportioned among the sev
eral precincts was not observed in
selecting the list. In behalf of the
defense the record of the commis
sioners shows that the names were
chosen for the "February" term as
contended and It also shows that,
compared with the vote polled at the
November election, the rule of pro
portionate representation was not ob
served. The record was introduced
upon the argument of the motion
showing these facts and the County
Attorney also admitted the fact that
the county polled 5,140 votes In
November and the official table was
correct.
After the list had been filed with
the clerk and on December 28, the
clerk of the district court issued the
venire upon Information from Judge
Travis that he had set the next term
of court for January 17, and desired
the jury to report on January 25.
This was the date set by the clerk in
the subpoenas Issued for Jurymen.
This motion was argued by Counsel
Gering for the defense and County
Attorney Ramsey, and is now under
advisement by Judge Travis.
The motion for a change of venue
was filed late Saturday evening by
Mr. Gering and alleges that owlnz
to the bias and prejudice existing in
the county, and the number of mur
ders which has taken place
it would be Impossible for Ossenkop
to get a fair and Impartial trial. This
motion is supported by thirteen nffi
davits headed by Mr. Gering's which
in addition to reciting the statements
of the motion attache and makes a
of his affidavit, articles clipped from
the World-Herald and the Lincoln
Star detailing at length the several
affrays which have taken place in
the county since last September. An
additional affidavit which is depend
ed upon to have weight with the
court is that of A. L. Tidd who
states that during his candidacy for
county attorney last fall he visited
many people and talked with them
that he considers that such bias and
prejudice exists as would prevent the
defendant having a fair trial.
The additional affidavits all prac
tically are merely recitative of the sev
eral grounds sot up in the motion
and are filed by Messrs. H. E. Tan
konln, John Ossenkop, C. M. Soy
bert. E. S. Puntsch all of Louisville
A. N. Sullivan and Henry Ilerold of
this city and Doran of Lancaster
County. This motion is set down
for argument tomorrow morning be
fore Judge Travis.
As soon as notice of the filing of
the motion for a change cf venue
was served upon County Attorney
Ramsey, he made preparations to
make a showing by counter-affidavits
and for that purpose he is now out in
the country having gone out yester
day morning. These affidavits of
course, will recite that in the judg
ment of those making them there is
no such prejudice and bias as would
prevent the accused getting a fair
trial in this county.' The case Is set
down for trial on Wednesm. utr
and unless either of the motions
mentioned are sustained it will un
doubtedly be for trial at that time.
Dr. R. A. Holyoke of Lincoln Dies at
Windsor-Clifton Hotel
Chicago, Jan. 31 Dr. R. A. Hol
yoke, a physician of Lincoln, Neb.,
was found dead in his room at the
Windsor-Clifton hotel tonight. His
death is believed to have been caused
by poisoning and the police are in
vestigating a theory that he accident
ally took an overdose of medicine.
Xew Jury Panel Culled.
This morning in district court the
I motion f Attorney Matthew Gering
I to quash the panel of Jurors drawn
, for this term of courf. taken up
and on argument by counsel the
j motion was sustained virtually by i
agreement between counsel ar I the!
I court immediately entered an order '
to thu clerk tr tlrnw new ii:iih1 f tnat
HINTS ON
ADVERTSING
Some Most Interesting Facts on the
Subject
A well known advertiser dice said
he would have failed a dozen
twenty-four men as prescribed by the tlmos if he haJ not Possessed a weU
statute. The facts concerning the I '"ht impregnable persistency and
drawing of the jury were printed in P''verenee and an enthusiasm and
the Journal vi,! fnnr.tv it. ! confidence nearly supernatural. It
. w
toreuy Ramsey on considering the
0 El.
WESCOTT'S
SONS
"Khere Quaiiiy Courts."
Word was received from Chicago
yesterday by Dr. E. L. Holyoke of
this city to the effect that his brother
Dr. R. A. Holyoke had died in Chica
go, where he had gone for special
treatment. Dr. Holyoke went to Chi
cago last night to arrange for the re
turn of the remains to Lincoln. Fun
eral announcements will be made
later. R. A. Holyoke came to Lin
coln fifteen years ago and entered
the practice of medicine here with
his brother. He was forty-five years
old at the time of his death and
married. He is survived by a di
vorced wife and daughter, Catherine
Holyoke, who sixteen years of age,
and a brother, E. L. Holyoke, who
was his partner In the medical pro
fession here In Lincoln. The de
ceased has been ailing for some time
and about a month ago he went to
Chicago to be given special treat
ment for his malady, where he died.
State Journal.
Dr. Holyoke is quite well known
in this city, having been located at
Pacific Junction for several years.
He had a great deal of practice which
brought him in contact with the lo
cal physicians and others all of
whom are surprised and sorry to
hear of his unexpected demise. While
It was known that he had been ser
iously ill, there was no expectation
his end would come so sudden and
general regret is felt over his untime
ly death.
John McXurlln and wife
came In this morning from
Louisville where they have been
assisting C. M. Seybert in
having moved to that city from the
country. Mr. Seybert will make a
valuable addition to Louisville's
population as he is an energetic, en
terprising and conservative citizen,
and one who will use his every effort
to help boom his new city.
matter in all its lights did not feel
disposed to try the case before a
jury of which there was serious
danger of their being Illegally drawn
and so he stated to the court. Ho
did not desire to take any chances
In the case being reversed by the
supreme court because of error In
the drawing of the jury and under
these conditions he preferred to have
the panel discharged and a new one
ordered as th court had authority
to do under tho law. This was done
by Judge Travis and the new panel
Is to report tomorrow for duty. The
motion for a change of venue which
was argued by County Attorney Ram
sey and Attorney Gering was over
ruled and the case will be for trial
tomorrow as originally set down.
RECEIVE
SENTENCE
GET DAYS'
LAYOFF
SMALL FIRE
YESTERDAY
Number of Employes of Burlington
Violate Company Rule
From Monday's Dally.
This morning some thirty-five men
employed on the car repair gang
at the shops received an unpleasant
surprise when they went to work in
the shape of a request from the shop
authorities to return home and enjoy
another day of rest. It appears from
statements secured that the' Com
pany now has a rule by which any
employe who remains away from his
business without the consent of his
foreman shall be sent to the general
foreman immediately upon his re
turn to work. On last Friday, owing
to the high wind and the cold a num
ber of the men employed on tho re
pair tracks In the car department
were excused and allowed to return
home for the day, the management
not desiring to keep them out In such
weather.. On Saturday a large num
ber of these men failed to show up
for work evldontly considering that
their excuse applied to the rest of
the week.
It was these men who were laid off
this morning. When they came down
their attention was called to the com
pany rule and they were ordered to
report to the general foreman who
after hearing the explanation of some
of them concluded to enforce the rule
and with this purpose In view, tho
men were told to go home and re
turn tomorrow. The ruling has oc
casioned some ill-feeling among the
men but It really Is defended by the
company upon the ground that dis
cipline makes It necessary to require
a reasonable explanation for absence
otherwise the company will find It
self short of men at the most Inop
portuno times.
Misfortune Again Visits the Home of
Frank Duxbury
Fire yesterday morning added to
the misfortunes of Frank Duxbury
and family. While the damage was
small owing to the early discovery of
the flames, the family being awaken
ed by finding the house full of smoke,
It come particularly hard upon them
because of Illness In their family for
a long time past, Mr. Duxbury him
self having been 111 since last April
Immediately upon waking and find
lng so much smoke in the house, the
family. procured a ladder and with
the assistance of Lee Cotner who ar
rived at a critical time, they mounted
to the roof where they discovered the
fire in the garret. With the use of
plenty of water the flames were
quickly subdued with nominal loss
The fire originated In the flue of the
chimney, the high winds of Thursday
and Friday having dislodged some
bricks' from the chimney. The fire
department arrived shortly after the
alarm was turned In and their as
slstance was much appreciated by
Mr. Duxbury. The sympathy of the
entire community goes out to these
unfortunate people and all hope that
the end of their hard luck has come.
CASTOR I A
For Infants and Children.
The Kind You Have Always Bought
. ST?
Of Ctf
Bears the
Signature
Wat
With the Sick.
Information received from " John
Nemetz at the hospital at Omaha this
morning it is learned that Mrs. Nem
etz had the second operation per
formed upon her yesterday morning
at 10:30 and at the time he sent the
information she as reported to be
getting along finely with every lndl3
cation In favor of complete and rapid
recovery. That this Is gratifying
news to her host of friends goes
without saying and they one and all
Join In the fervent hope that the ex
pectations of the physicians are real
ized. Mrs. Frank. Sivey Is reported as
progressing splendidly along the line
toward complete recovery and it is
now only a question of a few days
when she will be well enough to per
mit her being brought to her home
in this city. Once at home she will
Men Convicted of Robbing WilFam
Baird Ge Thirty Days
From Wednesday's Pally.
In district court this morning
Judge Travis passed sentence upon
the four men convicted of stealing
clothing belonging to William Ilalrd
superintendent of shops in this city,
by a Jury atthecomemncement of this
session of court. Each man re
ceived a sentence of thirty days in
jail. The four men are named Wil
liam Ryan, Thos. Owens, Win.
Murphy and Michael Gleason. They
took their medicine philosophically
and did not seem to be at all down
cast by the sentence, In fact seem
ing to feel relieved that it was no
worse. They were found guilty of
stealing clothing from a car spot
tod at the lhirllngton freight depot
In this city. Tho facts as developed
Indicated that men unloading the car
had opened one side of it the day be
fore the burglary and taken a quan
tity of goods from it, locking that
side with a padlock. That night the
other side was opened and the goods
taken out. A portion of the clothing
was found in a Greek extra gang's
cars stationed in the yards and the
Greeks claimed they had bought It of
some tramps. Later Officer Ralney
captured the four men in question
at the point of a revolver and lodged
them In jail.
Sells Studio.
Announcement Is made today of
the sale of the Soper Studios in this
city to Miss Greenwald of Falls City,
Neb. This newB will be heard with
genuine regret by the people here
as It means the loss to the city of
two excellent people. During the
time they have been residents of
this city Mr. and Mrs. Soper have
made themselves a host of friends
and are Justly esteemed and liked.
They had built up a splendid busl
is too true that a very large percent
age of the commercial failures can
be directly traced to a lack of sta
bility or an absence of such persis
tency as make obstacles of no mo
ment. A young man once wrote to the
editor of an advertising journal and
Inquired If this editor knew of any
plan or scheme by which he would
advise one to embark which would
prove profitable from the very start
and also In which the results from
the Initial copy would more than
recompense for the placing of the
copy. I think the editor replied that
if he did he would go at it himself.
This every idea or opinion that ad
vertising Is something magical, where
by the very first attempt results In a
steady Inflow of cash, has resulted in
many disappointments. There Is
probably more money squandered in
small sums from $5 up to $50 and
$100 than their is in large amounts,
for invariably these small, unpre
pared, unequipped advents into the
advertising arena are but of short
duration. For a man to believe that
he can become a success when the
cost of advertising becomes of pri
mary Importance on a basis of $25
or $50 or $100 Is the veriest idiocy,
yet the failures of hundreds has caus
ed no lessening of these attempts.
Persistency is a very great essen
tial In any commercial under
lng, but in an enterprise where ad
vertising and Its necessary outflow of
cash are concerned It becomes an
absolute, ironclad necessity. It
needs no repetition hero on my part
pointing to the successes in the
eleventh hour. That this has hap
pened again and again Is sufflcently
well known to need no recalling b
me, but I do wish to bring to your
attention the fact that but for r
sublime confidence in their propo
sition and a porsoveroneo unalterable
many of the greatest advertising suc
cesses of today would bo pointed out
as a sort of bete nclre.
Persistency, however, must be cou
pled with good Judgment cr it total
ly fails of the purpose for which It
was Intended. Though a campaign
of advertising may be launched and
well under way, should there come
to light certain things which would
go to prove that the fundamental
principle of the proposition was
wrong It would be then suicidal to n
commercial success to continue with
out eliminating these things, which
will cripple and undermine the whole
campaign.. A clear, cool, farseelng
judgment must be coupled with
advertising or all the persistency in
the world amounts to very little.
It is not so Important, however,
that I bring to your attention this
characteristic of sound judgment as
that I clearly show you how almost
Invaluable to any success is a prop
er amount of persistency. When the
bank accounts show signs of deple
tion, expenses Increasing and with
orders yet to materialize to any
Copyright,1908,RosenwaldiWeil,Chicago
You can double the life
of a Suit by buying an extra
pair of Trowsers, provided
they are good Trowsers.
OUW" Trowsers
excel in every respedt They
are made to fit you not to
fit a price.
True 'value for money, or
money back.
All sizes from 27 inch
waist to 56 and from 27
I ich longto 37. Largest
range of patterns to se
lect from in the city.
iuna
WESCOTT'S
SONS.
"Where Quality Counts."
BRINGS IN
FOSTER
Sheriff Quinton Gets Prisoner at
Meade, Kansas
Sheriff Quinton night before last
returned to the city from Meade,
Kas., where he quietly weig to take.
Jnto custody Herman Foster, the
man who was convicted sometime
since of robbery near South Dend,
and who appealed the case to th
supreme court. Pending appeal
Foster's sentence was suspended
and he was permitted his liberty.
The supreme, court having dismissed
soon be able to be out and again "ess at their stand on Sixth street con8lderabIo amount ,8 the tlme whcn Jf'S' Jh J?"1J'I!t",!!
on1 a ra pnnnhlA nnn riniunen Hrl- I ... ..... .... .. .. I Dw vmw wuivt mo tunvia iutv
meet her many friends.
W. L. Street Is reported as getting
along in good shape and will soon
be well enough to bring homo, not
withstanding the seriousness of his
ailment. ...His many friends are anx
iously awaiting his coming as he has
been very much missed during his
absence.
Ists In their line of work. They
have announced that immediately
following the transfer of their
studio to Miss Greenwald on March
1st they Intend to go to Omaha and
later expect to remove to near
Calgary, Alberta, Canada where
they have property Interests.
While greatly regretting the loss
of two such people as Mr. and Mrs.
Soper, the Journal welcomes Miss
every bit of bull dog stlck-to-lt-tlve-
ness must rise to the surface, bring
ing out every latent force of persis
tency. R. D. Cassmore In Judicious
Advertising.
St. Mary's Guild.
The members of St. Mary's Guild
met yesterday afternoon with Mrs.
Carl G. Frlcke and had a splendid
afternoon , The attendance was large
and all present were more than
custody before the news became
public. Locattng his man at Meade,
the sheriff at once proceeded at one
to land him and bring him back.
He will be held at the county Jail
pending further proceedings.
Save Money by Iluylng ('IwiiiiImt
luln's Cough Remedy.
You will pay just as much for a
bottle of Chamberlain's Cough Rem
edy as for any of the other cough
medicines, but you save money In
buying it. The saving Is In what
you get, not what you pay. Tho
sure to euro quality Is In every bot
tle of this remedy, and you got
good results when you take It. Ne
glected colds often develop serious
conditions, and when you buy a
eoviRii .ite'i you want to be sure
that vn an ruling one that will
euro your .ld. Cnanilciialn n
Coupli ! '.rolj always cur.M. i'rliv
2r r ' ."0 ciii a bnttl Tor nJo
by V r, J i l i e & Co.
Mrs. It. R. Nlctzol and family of
Murdotk are spending several days
In the city with her parents F. R.
Cuthman and wife. ,
a
MORE PROFIT III
STOCK RAISING
can be made if the digestive ca
pacity of your animals is increas
ed and perfect health is main
tained. Dr. Hess Stock Food is
tho prescription of Dr. Hess (M.
D., D. V. S.) for increasing the
digestion, regulating the bowels,
purifying the blood and relieving
the minor stock ailments.
A healthy animal only digests
about 50 per cent of its food. By
the addition of bitter tonics this
amount can be increased. If a
healthy animal can be improved,
think of the profit in feeding.
Dr. HESS
Stock Pood
to an unthrifty animal. It restores
health and compels tho animal to
convert the largest possible per
centage of the food eaten into
bono, muscle, milk, fat etc., per
mitting less to pass off as waste.
Dr. I less Stock Food is tho
scientific kind; it has the medical
and veterinary institution back
of it. Sold on a written guarantee
100 Ibt. 15 00. 2Slk pill.S1.60. for till b;
F. G. FRICKE & CO.
ll(rifiTM,
I'l.ATTSMOUTII, NkB.
Greenwald to the city and trusts that pleased with the progress of 'the
J ..itt .-. it... I Kufil- I "mlla rt nnnnlna" rl !- 1rn ' Tho
sha will Btep Into their fine busi
ness and make it as much of a sue
cess as they have.
A Family Tarty.
Last evening a very pleasant fam
ily ! party gathered at the home of
Mrs. L. B. Egenberger, the partici
pants gathering to pay their respects
gathering to pay their respects g
to Mrs. Ward, the venerablo mother
of Mrs. Egenberger. Tho evening
was spent most pleasantly, the sever
al guests greatly enjoying this nice
family meeting. Mrs. Ward will
shortly leave for Jollet, III., for an
extended vlnlt and this occasion was
something In tho nature of a little
family farewell. Refreshments were
served latter In the evening by Mrs.
Egenberger.
This delightful party was compos
ed of Mesdames F. O. Egenberger,
William Weber, Herman Spies and
daughters Hermla and Helen, A. II.
Weckbach, Henry McCune of Jolllet,
III.
mile of pennies" collection. The
receipts has been most flattering and
there la no doubt that the scheme
will prove a complete success and
net the organization a handsome
sum for the remodeling of the rec
tory. Dainty refreshments were
served by the hostess following the
business meeting.
For that Terrible Itching.
Eczema, tetter and salt rheum
keep their victims In perpetual tor-h,oct.tv chore officers for the follow.
Ladle Aid Meets.
Tbe Ladles' Aid of the Fresby.
Ian church held a largely attended
and a very enthuastlc meeting yes
tery afternoon at the fine home t
terday afternoon at tho fine bom
of Mrs. P. E. Ruffner. There was
considerable business transacted,
among other things which were
looked after being the formation ef
a church clrclo for fair work. This
circle which Is composed of Mes
dames H. D. Travis, J. W. Gamble,
P. E. Ruffner and Agnes Chapman
will dexlxn ways and means of aid
lng the church by means of fairs and
kindred attractions. In addition the
ment. The application of Chamber
Iain's Salve will Instantly allay this
itcnlng and many cases have been
cured by its use. For sale by F. O.
Frlcke & Co.
Mrs. Henry McCune of Jolllet, 111.,
arrived In the city yesterday for n
lslt of abo.it one month with her
clstcr Mrs. L. II. Egenberger. When
1 e returrn to her homo she evpeels
to bo accompanied hy lir mother,
Mrs. Wi.nl, who will mak' nn ex
tended visit with her.
Goes With Henry It. (icrlng.
Tho Journal learns that Henry R.
Gering has added another Platts-
mouth young man to the list of em
ployes to his big wholesale phar
macetitlcul houso In Omaha. Horace
Ruffner Is the. latest addition. Mr.
Ituffner has been employed hereto
fore by the Klrkendall Shoo Com
pany and received an offer from Mr.
Gering which was much better from
nil points of view ns ho was assur
ed of ppeedy advancement with the
latter If ho mnde good, which ho will
without question, and ho decided to
accept. Iloth parties to the dear-
are to bo congratulated ns both must
equally benefit.
lug year, tho following being elect
ed: President, Mrs. II. J. Strelght.
Vice President, Mrs. Agnes Chap
man. Secretary. Mrs. W. H. Newell.
Treasurer, Mrs. H. D. Travis.
Following tho business meeting,
dainty refreshments were served by
the hostess of the afternoon.
Keeping 0cn llousr.
Everybody Is wclcomo when we
feel good and we feel that way only
when our digest I vo organs are work
ing properly. Dr. King's New Life
Iills regulato the action of stomach,
liver and bowels so perfectly one
can't help feeling good when ho uses
theso pills. 2T.c at F. U. Frlcke &
Co.'s drug store.
HEAD THE DAILY JofHXAL.
