GERING VS. LEYDA
CASE .ON TRIAL
Much Interest Is Shown in the
Proceedings
The rase of Gering vs. Leyda it al
was on trial today before Judge Trav
is and a Jury In district court. This
Is the case which grew out of the
arrest of Former Mayor Henry U.
Gcrir.g upon the charge of selling
liquor last July to one Sam'l. Hoggs.
The complaint lu the case was filed by
ex-County Attorney Rawls. On the
trial by the county court Mr. Coring
was acquitted. Afterward it was
charged that the witness had been
hired by Messrs. Hawls and Leyda
to purchase the liquor and that they
conspired together to injure Mr.
Coring in his business and public
character.
Yesterday it was agreed between
the attorneys in the case, Attorneys
Gering, Sullivan and Cowin, for the
plaintiff, and Byron Clark for the
defendants, that Sheriff Qulnton and
Deputy Sheriff Manspeaker be dis
qualified from acting In this case and
that the court' appoint a sheriff In
the matter. On the suggestion of
counsel Judge Travis appointed
former Sheriff W. D. Wheeler to act
In the case. Mr. Wheeler was noti
fied by phone of his appointment! and
hurried to the city being on hand this
morning.
The opening of the case this mornT
lng found both plaintiff and defend
ants on hand with their counsel.
The plaintiff was represented by
his brother Matthew Gering, Hon.
Jno. C. Cowin of Omaha, and Hon.
.J J Sullivan former and prospective
supreme Judge. The defendant was
represented by Hyron Clark of this
city.
The Jury was selected during the
morning, the members being sub
jected to a searching examination as
to their beliefs on the liquor question,
their political affiliations, their fa
vorite newspapers and their acquaint
ance with the parties. It developed
on the examination that O. K. Crom
well, one of the Jurors called was an
uncle of Mrs. John M. Leyda and
also an uncle of Mrs. George Olive of
the Weeping Water Republican. A
challenge to him was sustained by
Judge Travis and ho was excused.
At this point Attorney Gerlnit
stated that after a conference with
Gen. Cowin and Judge Sullivan, the
plaintiff desired to dismiss the case
as to Mr. Rawls having become con
vinced of his good faith In the mat
ter and having acted within his
powerB In filing the complaint.
Attorney Clark stated that Mr.
Leyda would be represented In the
case by his brother, J. K. Leyda, of
Falls City, who was expected to arrive
thlB morning on the belated Mlsslurl
Pacific train. That It was possible he
might want a continuance In view of
developments. He would examine the
Jury for cause pending his arrival.
Attorney Clark, after the arrival of
Mr. J. Elmer Iit'yda, announced that
the defendant Leydu wanted a con
. tinuance on the ground of surprise.
Ge n. Cowin staled that the dismis
sal of the case as to Rawls did not
change the aspect of the case toward
Leyda. The plaintiff did want the
case continued, and he would with
draw the dismissal as to Rawls. Aft
er further argument with Mr. Clark
Gen. Cowin agreed the defendeant
could have any answer Incorporated
Into the case he wanted.
The court finally entered an order
dismissing the case as to Mr. Rowls,
overruled the motion of Mr. Leyda for
a continuance and gave him during
the day in which to amend bis answer
Attorney Goring then announced
that the plaintiff would accept the
Jury as It stood. This was also done
by Attorney Clark for the defendant.
The Jurors selected are C. (5. llalley
C. F. Chandler, Jno. McGulness. Har
ry Thomas, J. D. Cross, F. A. Creamer
Edward 1'arsell, W. N. Mlnford. A. N.
MeCrory, Geo. K. Ruell. Jos. Wiles,
Win. Rummell.
Mr. Gering then made die opening
statement of the plaintiff and stated
In brief, that the plaintiff expected to
fehow that on July 4, last, Deputy
Sheriff Manspeake had employed
Sam lleggs to buy liquor on July 5,
Sunday, which he did and after drink
ing some, proceeded to the home of
County Attorney Rawls and left the
liquor with him. That the next day
Snm lleggs and brother, Ralph, vis
lied J. M. Leyda's olllce and told him
what bad been done, That he gave
them $10 and made statements about
what would be done with Gering,
chould he be convicted. The parties
were not acquainted. The next day
County Attorney Rawls filed a com
plaint against Gering. T. W. Glenn
and T. M. Carter called at Gerlng's a
day or no after the sale, and demand
ed to oee the public record. The book
they Raw wan only one of the records
kept and did not show the sale to
Hoggs and they so reported to the
county attorney. Other details show
ing Leyda paid $15 more to the two
Hoggs' who gave him a note for $2,"i.
They were strangers to him. That
when this case was tiled lieggs was
spirited out of twn. That Rawls and
Leyda had lent money to Hep ami
gone on his note. Later Hoggs was ar
rested In Omaha on a charge of viola
ting a city ordinance. Leyda secured
his fine. Another complaint was al
so filed against Higgs and that Leyda
hired Hyron Clark to defend Higgs.
Oilier circumstances the plaintiff ex
pected to show iudicafed extreme
malice toward plaintiff by the defend
ant Leyda.
Counsel for defendant objected to
statements by Mr. Gering, reflecting
on Mr. Leyda and relating to expres
sions used by Mr. Leyda after the fil
ing of this ense, but Judge Travis al
lowed the statements to stand.
Attoney Clark made the opening
statement for the defendant. As he
understood the case there was no con
nection between Leyda and Rawls',
that Hoggs had approached Mr. Rawls
and told him he had been In the hab
it of getting liquor at Gerlng's on
Sunday, but Mr. Rawls told him he
would have to have other evidence.
That some good citizen must corrobor
ate him and suggested T. W. Glenn.
That later Hoggs gave him liquor he
had bought of Gerlng's. That he had
been asked by Leyda If he knew
Hoggs was getting liquor of Gering on
Sunday. Other conversations took
place between them on the subject.
That. Leyda's attention to the Hoggs
matter had been called by another
man whom Gering was threatening
to sue on a bill, part of which was for
whiskey. That Carter and Glenn
were sent to the drug store by Rawls
to examine the record, but found none
showing Hoggs' name. Other details
would show Mr. Rawls acted within
his province filing the case.
An objection by Mr. Gering to
tatements of other sales by the plain
tiff was sustained by the court.
Mr. Clark stated the circumstances
surrounding the money paid to Hoggs
and that the only Interest Leyda took
was that of a public citizen.
Tlalntiff opened his case by calling
County Judge, Heeson, who knew both
plaintiff and defendant. Had presided
at preliminary examination of plain
tiff In July last.
Defendant objected to oral testi
mony and admitted the files In the
case In the lower court.
Plaintiff Introduced over the de
fendant's objections, the record of
the County Court In the case against
Henry R. Gering.
Judge Heeson heard the case and
saw defendant Leyda In court most
of the time as was also Glenn and
Carter.
Cross examined Judge Heeson said
a great many people were In the
court during the hearing nnd Mr
Leyda seemed to take no particular
Interest In the case.
r.. j i .a t
wo re-oireci examination he saw
Leyda, who wan a member of the bar,
set Inside the bar as did other poo
pie. .Mr. tiering asked who did set
Inside the railing besides Glenn, Car
tor, (lie two Itlggs, and parties and
their counsel.
Ralph Hoggs was called and at this
point Mr. Clark asked to have all wit
nesses excluded from the room. This
was ordered by Judge Travis. After
wards counsel agreed that only Sam
Hoggs be excluded.
Ralph Hoggs, a brother of Samuel
Hoggs. L'7 years old. working in Lin
coln, came to I'lattsmouth two and a
half years ago. Ills brother. Sain,
came to Plattsmouth about one
month before July 4. l'.MIS. Brother
never In Plattsmouth before. He re
'urned to Plattsmouth about Julv 1st.
UiOS. Knew Manspeakor. When wit
ness came back, his brother was
working for Manspeakor at his livery
barn. He bad no personal acqualnt
nico with Goring. First saw Iyda
on the afternoon of July 4th. Heard
alk between his brother and Levdu.
Detailed meeting between Leydu who
was with Manspeakor. and his broth
er. Leyda told Sam to take the whis
key which Manspeakor gave him
money to buy. to Mr. Rawls' house.
Witness wont with his brother tiext
day to get the whisky. Witness stop
ped till opposite side of Hi,, xtrcct
from the drug store. Witness took a
drink with his brother at Manspeak
er's barn. Later they took the hotilo
to Mr. Rawls' house. Witness did not
hour Leyda call Goring any names
when they met. Saw Leyda on Mon
day at his office, Sam, the witness
and Leyda all present. At that time
Leydu told them to come back and
he'd give them some money. Said
"There's some money for you. If
you need more I'll try to Rive It to
vou." lie said "We want to get the
S of a H and Mlek him.
We'll file a complaint against him
this afternoon." He said "We'll get
the S of a H and throw him
out as mayor." Nuthing was said
about a note nt that time. Next day
I hey went to Rawls' office. No one
old them to go there. Leyda came in
about five minutes later. No trial
had been held at that time. Saw
Leyda in court at the trial, all day
off and on. Witness talked to Ley-da
wid Rawls in Rawl's office at noon
the day of the trial. No one else was
in-sent. He saw Leyda after the
trial lu Rawls' office, all of them
talking. Sam asked for a piece of
money. Leyda Bald he didn't know
but finally gave Sam $15 and Leyda
made out a note which witness and
his brother signed. Leyda said the
note was no good but would be a
blind. Witness did not own anv
property nor did Leyda ask him if
he owned any property, either in his
or Rawles office.
Mr. Goring produced the $25 note
dated July 11, 1908, which was iden
tified by the witness as the note he
signed with his brother, Sam, in Mr.
Rawls' office. This was read to the
jury.
This note had never been collected
nor had he ever said a word about it.
Throughout the examination of
this witness, there was a constant
run of objections by counsel for the
defendant and at times there was
considerable acrimony displayed.
Witness testified that after the
note had ben given Leyda said "We
didn't get the S of a B this
time but we will get him the next
time."
Mr. Clark sought to how that the
witness has told, Mr. Rawls that he
didn't know his brother wanted the
whiskey for evidence but this the
witness denied. The cross-examina
tion made a minor point by showing
the witness did not know of his own
knowledge that Manspeaker had fur
nished the money to his brother to
buy the whisky.
On cross examination during the
afternoon It developed that the wit
ness hnd received $30 from Mr. Cor
ing since this case commenced, which
was paid him for his expenses In var
ious trips from Omaha to this city.
On re-direct he testified that a to
tal of $40 was paid him and his
brother by the defendant, Leyda.
Mr. Coring, for the plaintiff, had
the witness identify letters received
by the two Beggs', but they were not
introduced In evidence.
Witness also testified that Mr.
Rawls had gone on a note for $10 for
his brother since the trial.
Geo. Burley. a brother-in-law of
Vinm Beggs, testified that Sam Beggs
came to this city on or about March
27, 1908. Never saw Manspeaker pay
Sam Beggs money, Saw Beggs with a
silver dollar on Sunday, July 5th,
1908.
Joe Fitzgerald, city marshal, testi
fied he was chief of police In July,
1908. First knew Sam Biggs In April
or May, 1908. Filed a complaint
against Sam Beggs on July 13, 1908.
Mr. Gering had nothing to do with
filing the complaint. Further question
as to Gerlng's knowledge of this case
were ruled out by the court.
Hoggs was brought back here on
July 16 witness saw Leyda and the
two Beggs" at the trial before .Ind-je
Archer. He then related the circum
stances surrounding the conversation
between Leydu and Higgs and him
self In which the witness refused to
allow Leyda to talk to Beggs. Did
not know whether or not know
whether or not Leydu saw Beggs at
the Jail. At the trial Leyda secured
Beggs" fine. Witness related elrcum
stnnces and Incidents connected with
the hearing of Sam Hoggs before
Justice Barr, and told of a conversa
tion between Henry R. Goring and
Mr Leyda, which on objection by At
torney Clark, was stricken out. Wit
ness could not say what was said bv
plaintiff to defendant about defendant
hiring Hoggs to perjure himself. Wit
ness later stated he heard Gering
tharge Leyda with paying Beggs
$2.1 to buy whiskey and perjure hlm
soir. On cross-examination witness tes
litled that he took Beggs to Gerlng's
store and then to Matthew Gerlngs'
oflloo as soon as he came to town.
When he brought Beggs here he had
him handcuffed by one hand. Attor
ney Clark attempted to show hand
culling of Beggs for such a trivial
charge, was unusual, but the court
ruled this out.
on re-dlrect examination witness
test llled that Beggs was taken to tht
Gerlng's at his own request.
A conflict of words took place be
tween Attorneys Leyda and Gering
over what the former considered as
Insinuating remarks made by the lat
ter nnd the court admounlshed coun
sel to be more careful lu their re
marks before the Jury.
Attorney Clark sought to show
Hoggs arrested for swearing at a time
Iierore tile trouble between Gering
and Leyda arose, seeking to show
prosecution of Hoggs by the police.
Dr. J. S. Livingston, called, testl
lied he knew the parties and a
wrangle ensued over the admission ol
statements made by Leyda to him
concerning Gering. The court again
admonished Mr. Gering not to make
remarks prejudicial to the case.
Witness had heard defendant speak
in a derogatory manner of Mr. Ger
ing. Objected to but oerruled. Wit
ness could not recall exact language,
but It was violent and indecent it
was pretty strong. Conversation
held near Hotel Ribiy, Leyda opening
up in a tirade of abuse. Witnof-s
bai never told Mr." Goring of re
marks. Finally he admitted Leyda
had called Mr. Gering a vile name.
Attorney Clark sought to show Mr.
Gering had used like language to
ward Leyda, but on objection the tes
timony was ruled out.
A. X. Sullivan called, knew the
parties, was one of Gering's counsel
In the case against him. Had a con
versation with Leyda on the day be
fore arrest of Gering, in which Leyda
said that "That saloonkeeper will be
arrested tomorrow," and on being
asked who he meant he said Gering
DEATH OF
PIONEER
Herman Herold, For Fifty Years a
Resident of Plattsmouth Dies
Died. llerold, Herman, at his home
in Plattsmouth, Neb., on Feb. 18,
1909, aged 73 years, 1 month and
4 days, of shock. Funeral on Sat
urday, Feb. 20, 1909, 2 p. m. from
his residence in Plattsmouth, Neb.
As the result of a shock caused by
an accident while felling a tree near
his home on Wintersteen Hill in this
ity last evening, Herman Herold, an
aged and respected citizen, died early
this -morning. The details of the ac
cident show that the deceased had
been clearing some lots which he
had recently purchased and had all
the trees felled save one. In felling
this one, he failed to discover the
tree about to fall and was caught be
neath it. Physicians were called at
once and upon their arrival they
made a hurried examination and
found that while he was suffering
greratly from shock, there were no
symptoms of serious injury and they
were not lead to believe that death
would result. Later in the night
when he failed to rally from the
shock, it became evident that his
condition was serious and death
eventually Intervened, caused with
out a doubt, by his age and weak
heart action.
The deceased was one of the
pioneer of Plattsmouth and Ne
braska, having lived here for almost
fifty-five years. During the period fi
fifty-five years. During that long
period of time he had engaged In
various business occupations and en
terprises, and throughout them all
he had made himself known and re
spected as an upright and sterling
citizen. He had many friends, all
of whom were greatly shocked to
learn of his sudden and untimely
taking off.
Herman Herold was born on Jan
uary 14, 1836, in Saxony, Germany,
where his boyhood years were spent.
At the age of 18 he came to America,
locating in this city, then a wilder
ness village of log huts and trading
stations. It was in this city that he
was united in marriage on September
2, 1869 to Miss Matilda Halen.
Of this union one son and three
daughters together with the widow
survive. The son Otto F. Herold and
one daughter Miss Freda Herold re
side in this city. Mrs. W. R. Skin
ner, another daughter, lives at Lin
coln, Neb., while the third daughter
Mrs. A. F. Fltt lives In this city.
The funeral of this good man will
be held on Saturday, February 20,
2 p. m., from his residence In this
city. Canon II. B. Burgess officiating
Interment will be at Oakhlll ceme
tery, the beautiful city of the dead
west of this city.
While the (let eased had passed the
allotted three score and ten of man,
he was considered one of these rug
ged specimens of manhood who
might live for many years to come
and doubtless this would have been
the case had not this terrible accident
occurred. In their sorrow , the
stricken family have the sympathy
of the entire community nearly every
one of whom had known Mr. llerold
In his life time, and all of whom rec
ognized his many noble qualities.
J. F. Saxon, of Union, came up this
morning on the early M. P. train and
after several hours In the t Ity depart
ed over the Hurllngton for Clarinda,
la., where he will make a visit with
relatives.
Poultry Wanted
The CI irintla Poultry. Rutter
and Kgtr Company will be in
Plattsmouth on
Monday, Febuary 22nd
and will pay the following
price for poultry to be de
livered at the store of
Zutkweller & l.ut.:
liens and pullets 0c
Smooth young roosters !ic
Staggy young roosters "c
Old roosters 4c
Ducks. F. F 8c
( loose, F. F 5c
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! Uednesdav Jhurstlav !
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and may.
February 17, 18 and 19
On these three days we will place on
sale short lengths of almost all kinds
of goods fiom our stock. Onr new
' goods are coming in and we must have
' room for them. We feel that we have
too mail remnants and they are go
ing to be sold during these three days.
Come early and. get the biggest bargains!
icoes, Outing Flannel, Eiderdown, Cloak- Y
iii&i ciinuinid udidittd. laminp. inie :
X Odd Lace Curtains,
W" 7
I Wl m mm M .
nanneiette, ureatan, silks, Linings, f
Plaid Suitings worth 20c A -
per yd, Remnant price 1 OC pf yd A
' One lot of FaQrinafnr -
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I wnc iui oi rascinaiors worm . v
75c to $2.25, your choice 5QC each
Wednesday, Thursday, Friday :
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5
A Double Siii-ii'ise.
While her many friends at her
home were secretly preparing a sur
prise party on her wedding anniver
sary, Mrs. Florence Lininger Mailer,
the daughter of Geo. W. Lininger of
Omaha, the first president and prin
cipal founder of the Masonic Home,
slipped quietly away and took the
morning train, to pay us old folks a
visit, and help to cheer us with her
sunny presence. When her guests
at Omaha had arrived, and turkey
done to a turn. The bride was lost!
and only when Mr. Haller 'phoned to
the groom to send their auto to meet
her at the delayed train, was the
missing bride located. We have not
learned whether she arrived in time
to dine with her ijuests or whether
she took hers cold. Surprises aro
not always a success, especially when
they have a double action. We at the
I home are glad of her visits, which
nhvhys brings sunshine to us, but re
gret that our pleasure resulted In u
disappointment to her.
.1. K. V.
Ask Yourself, the (Jiicvtion.
Why not use Chamberlain's Llna
mont when you have rheumatism?
We feel sure that the result will be
prompt and satisfactory? It lias
cured others, why not you? Try It.
It costs but a trifle. Price 2Ti cents;
large size, r0 cents. For sale by F.
G. Frlcke & Co.
(.. P. Melslnger and wife, rom near
Cedar Creek, were In the city Wed
nesday transacting business matters,
and while here culled at this office
and renewed their ulleginnce to the
paper. Mr. and Mrs. Melslnger are
two of the llnest citizens of the county
and they are ever welcome vsitors nt
this office.
AYER'S HAIR VIGOR
Stops Falling Hair
Aycr Hair Vigor is composed of sulphur, glycerin, qulnln, (odium
chlorltl, capsicum, nnc alcohol, water, and perfume. Not a single
Inlurlous Ingredient in this list. Ask your doctor if this is not so.
Follow his advice. A hair food, a hair tonic, a hair dressing.
Promptly checks falling hair. Completely destroys all dandrufl.
AYER'S HAIR VIGOR
Does not Color the Oil air
iuev & m
a t
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1 - Q Ml! V
Sheeting, Muslins.
Y
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c innr4h
rn
for the money you owe and
note how much more re
spectfully your creditors re
gard you. They like to do
business with a man who
has an account at the Cass
County Hank. They know
he is doing- business in a
business-like way. Better
open such an account even
if your affairs are not Inrpe.
They will grow all right.
THE BANK OF CASS COUNTY,
Plattsmouth, Nctraska.
Henry Prosser,
Contracting. Plastering. Brick and
Stone Work, Concrete Foundations
and Walks. : ; ; : :
ALL WORK GUARANTEED.
Phone 107, Klmwood, Neb.
II. M
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MNANt
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Draw a Check