The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, February 18, 1909, Image 5

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Hhniret!cnt ty
Ovvrrtahl. KJ, kr Mmii
Is odd" to be shut Bp In tbla way an!
not to be able U do aa one Ukaa la
such little maltori."
It was time for ma to leave and I
picked u my hat and stick. At I
started airay I was aware that Helen
Holbrook detained me without In the
least appearing to do so, following a
few steps to gain, as she said, a cer
tain Tlew of the lake that was par
ticularly charming.
"There is nothing rugged In this
landscape, but it Is delightful In its
very tranaulllity." she said as we
loitered on, the shimmering lake be
fore us, the wood behind ablaze with
the splendor of the sun. She spoke of
the beauty of the beeches, which are
of noble girth In this region, and
paused to indicate a group of them
whose smooth trunks were like mas
slve pillars. As we looked back I saw
that Miss Pat had gone Into the house,
driven, no doubt, by the persistency of
the west wind that crtaped the lake.
Helen's manner changed abruptly, and
she said:
"If any difficulty should arise here,
If my poor father should And out
where we are, I trust that you may be
Able to save my aunt anxiety and
pain. That is what I wished to say
to you, Mr. Donovan."
"Certainly," I replied, meeting her
eyes, and noting a quiver of the lips
that was eloquent of deep feeling and
loyalty. She continued silent as we
marched on and I felt that there was
the least defiance in her air; then she
drew a handkerchief from her sleeve,
touched it lightly to her eyes, and
"I had not thought of quite follow
ing you home! Here Is Glenarm gate
and there He your battlements and
"Rather they belong to my old
friend, John Olenarm. In his goodness
of heart he gave me the use of the
place for the summer; and as gener
osity with another's property is very
easy, I hereby tender you our fleet-
canoes, boats, steam launch and the
stable, which contains a variety of
traps and a good riding-horse or two.
They are all at your service. I hope
that you and your aunt will not fall to
avail yourselves of each and all. Do
you ride? I was specially charged to
give the horses'exerciBe."
"Thank you very much," she said
"When we are well settled, and feel
more secure, we shall be glad to call
on you. Father Stoddard certainly
arved us 'well In sending us to you.
Mr. Donovan."
In a moment she spoke again, quite
slowly, and with, I thought, a very
pretty embarrassment.
"Aunt Pat may have spoken of an
other difficulty a mere annoyance,
really," and she smiled at me gravely.
"Oh, yes; of the youngster who has
been troubling you. Your father and
he have, of course, no connection?"
"No; decidedly not. But he is a
very offensive person, Mr. Donovan.
It would be a matter of great distress
If he should pursue us to this pluce."
"It is inconceivable that a gentle
man If he Is a gentleman should
follow you merely for the purpose ot
annoying you. I have heard that young
ladies usually know how to get rid ol
Importunate suitors."
I have heard that they have
that reputation," she laughed back
"But Mr. Gillespie"
"That's the name, Is it? Your aunt
did not mention It."
'Yes; he lives quite near us at
Stamford. Aunt Pat disliked his fa
ther before him, and now that he Is
dead she visits her displeasure on the
son; but she is quite right about It
He is a singularly unattractive and
uninteresting person, and I trust that
ho will not find us."
"That Is quite unlikely. You will
!o well to forget all about him
forget all your troubles and enjoy th
beauty of these June days."
We had reached Qlnarm gate, and
8t. Agatha's was now hidden by th
foliage along the winding path. Helen
threw away the bits of twig when we
came to the wall, and, as I swung the
gate open, paused mockingly with
clasped hands and peeped inside,
"1 must go back," she said. Then
her manner changing, she dropped her
hands at her side and faced me
You will warn ma, Mr. Donovan,
of the first approach of trouble
wisn io save my aunt In every way
possible sho means so much to me
she has made life easy for me where
it would have been hard.
"There will be no trouble. Miss Hoi
brook. You are as safe as though you
were hidden In a cave In the Apen
nines; nut I shall give you warning
at the first bIku of danger."
"My father Is Is quite relentless,"
the murmured, aver) In;; her eyes.
'I tinned to retrace the path with
, her; lint Hhe forbade inn' and whs none
swiftly a flasli of white through the
tro. h before I could parley with 1. v.
I Hlaf.'d niter her let Iii-u
l' :ir Ik r Iklit t r u I In tlv
"' ii" :-.if.I wui .!:e,I a f.
loneliness possessea me ana the coun
try quiet mocked me with its peace.
I clanged the Glenarm gates to
gether sharply and went in to dinner;
but I pondered long as I smoked on
the star-hung terrace. There was no
disguising the truth thai the coming
of tne Holbrooks had got on my
nerves at least that was my phrase
for it. Now that I thought of it, they
were impudent intruders and Paul
Stoddard had gone too far in turning
them over to me. There was nothing
in their story, anyhow; It was pre
posterous, and I resolved to let thm
severely alone. But even as these
thoughts ran through my mind I
turned toward St Agatha's, whoss
lights were visible through the trees,
and I knew that there was nothing
honest ia my impatience. Helen Hol
brook's eyes were upon me and her
voice called from the dark; and wnen
the clock chimed nine in the tower
Finds in Favor of the Defendant
Edwin Jeary
After being out for a period of
more than ninety hours, the Jury In
the case of the Johnson will contest
came Into court this afternoon at a
few moments after two o'clock and
gave a verdict sustaining the validity
of the will and the contention of Ed
win Jeary and the widow of the late
beyond the wall memory brought back Samuel S. Johnson.
the graceful turn of her dark head,
the firm curve ot her throat as shs
bad listened to the mellow fling of the
Sobered by these reflections, I left
the terrace shortly after 11 and walked
v. -.,v, v.o trln nt wnnri thai lav
between the house and the lake to th. sides of the case, the Jurymen were
filenarm nler: and at once matters permitted each night to retire and
The Jury went out last Saturday
evening between the hours of five
and six o'clock and has been en
gaged each day since in trying to
get together on a verdict. Through
the courtesy of counsel for both
took a turn that put the love or wom
an quite out of the reckoning.
I Meet Mr. Reginald Gillespie.
As I neared the boathouse I saw a darV
figure sprawled on the veranda and my
Japanese boy spoke to me softly. The
moon was at full and I drew up In the
shadow of the house and waited. IJlma
had been with me for several years
and was a boy of unusual intelligence.
He spoke both English and French ad
mirably, was deft of hand and wise of
mind, and I was greatly attached to
him. His courage, fidelity and dis
cretion I had tested more than once.
He lay quite still on the pier, gazing
out upon the lake, and 1 knew that
something unusual had attracted his
take a rest, consideration of the case
being carried on only during the
At two o'clock this afternoon they
announced to the sheriff that they
had some to an agreement, and
Judge Travis who was In his office
In the court house, was so notified.
He at once convened court to receive
the verdict. Attorney A. N. Sullivan
for the contestants was on hand, but
the proponents of the will were not
present. Attorney Byron Clark, who
managed the case for that side being
absent in Omaha on business while
Edwin Jeary, the banker-lawyer le
gatee under the will, Is at his home
In Elmwood.
Judge Travis made the customary
attention. He spoke to me In a mo- Inquiry as o whether the Jury had
ment. but without turning his head.
"A man has been rowing up ana
down the shore for an hour. When
he came In close here I asked mm
what he wanted and he rowed away
without answering. He Is now off
there by the school."
"Probably a summer boarder from
across the lake."
"Hardly, sir. He came from the di
rection of the village and acts
I flung myself down on the pier and
crawled out to where IJlma lay. We
lay by the post that bore the three
lanterns, and watched the slow move
ment ot a rowboat along the margin
of the school grounds. St. Agatha's
maintains a boathouse for the use ot
students, and the pier lights red,
white and red lay beyond the boat
man, and he seemed to be drawing
slowly toward them.
"Drop one of the canoes into the
water," I said; and X watched the
prowling boatman while IJlma crept
back to the boat house. The canoe
was launched silently and the boy
drove it out to me with a few light
strokes. I took the paddle, and we
crept close along the Bhore toward
the St. Agatha light, my eyes intent
on the boat, which was now drawing
In to the school pier. The prowler
was feeling his way carefully, aa
though the region was unfamiliar; but
he now landed at the pier and tied his
boat. I hung back In the shadows
until he had disappeared up the bank,
then paddied to the pier, toid ijima to Coronor's Jury Cannot Find That
null, i:u BWL Ull uiiuu&ii uir nuuu-
reached an agreement or not and was
informed by Foreman C. II. Doedeker
that they had. He ordered the ver
dict passed to the clerk of the court,
who In his turn passed It to the
court. Judge Travis opened the ver
dict and handed the same to Clerk
Robertson, who read It. The mater
ial part of the verdict Is "that the
paper writing purporting to be the
last Vv'.tl and testament of Samuel S
Johnson, deceased, which was offered
in evidence, is the last will and tene
ment of said Samuel S. Johnson."
As soon as Clerk Robertson finish
ed the reading of the verdict, the
court Inquired as to whether this was
the verdict of the Jury to wH"h the
memoer8 answered, "yes," ;ge
Travis then, In well choRen words,
thanked the Jury for the faithful ser
vice which they had rendered in the
case and spoke of the tediousuess of
the trial, and the patience displayed
In the case. He then excused them
until nine o'clock tomorrow morn
ing. Foreman Boedeker rose, and
on behalf of the Jury, thanked Judge all through this week
Travis for the care and consideration
he had shown the Jury during the
trial and after their confinement In
tho case. Judge Travis stated that
It was due to the consideration of
counsel in tho case, that the Jury had
been permitted many of the liber
ties granted and allowed to sleeo dur
ing the night at a hotel.
It is not known whether the case
will go higher, but the probabilities
are that it will go to the supreme
court. Judge Travis immediately
after the verdict was received called
Hon. C. C. Flansburg, of Lincoln, one
of the counsel in the case, over the
'phone and apprised him of the Jury's
The effect of the Jury's verdict Is
to allow the will to stand. This is
the will which provided for a gift of
$1,000 to the Masonic Home In this
city, various annuities to the brother
and sisters and other relatives of the
testator, these annuities being In
small yearly sums, the willing of
bank and other stock to the widow
and a life Interest In the realty to
her. The reversionary interest in the
real estate was willed to Edwin Jea
ry, the prominent citizen of Elm
wood and Lincoln, who had been
Johnson's friend and mentor in his
life-time, and who had really been
his business agent. The value of this
Interest has been variously estimated
at from $35,000 to $50,000.
The contest was brought by V"V
lam H. Johnson, a 'brother of tho
testator, who lived at Seotts Bluffs,
Neb. The hearing In the county
court sustained the will and an ap
peal was taken by the contestants to
the district court, where the trial
was held last week. The case, was
hard fought, and a great deal of testi
mony was introduced by the contes
tants who sought to show the undue
influence which Jeary was exercising
over the testator. This evidence con
sisted of many letters written to the
brother and sisters and other rela
tives and considerable testimony of
The expectation of the general
public was that the Jury would dis
agree after they had failed to get to
gether on Saturday night, and It was
said that unless they agroo tnriav
they would be discharged and ..Tie
new trial had. The case has excited
widespread interest and was the one
cause of a largo attendance of wit-
fiDDuno tfnm V n vnAil on A viol n ! v
i Copyright. 1 908 , Rosen wal d&.Weil, Ch icago
"OUW" Octave Overcoat
jS distinguished by excellent taste in de
signing and skillful tailoring.
The "Octave" is simple in style, rather
than commonplace attractive, not con
spicuousexclusive, rather than extreme.
A good coat for general use and a
"General" of a coat for good use.
We arc scllin these coats mighty cheap just now
ana we are selling them too.
nowcs S7.50 lo $15,00 were SI2 to $25
Qualities you can depend on.
C. E. Wescott's Sons
"Where Quality Counts"
path toward St. Agatha's.
Where the wood gave way to the
broad lawn that stretched up to the
school buildings I caught Right of my
quarry. He was a young fellow, not
above average height, but compactly
built, and Btood with his hands thrust
boyishly in his pockets, gazing about
with frank interest in his surround
ings. He was bareheaded and coat
less, and his shirt sleeves were .rolled
to the elbow. He walked slowly
along the edge of the wood, looking
oft toward the school buildings, and
while his manner was furtive there
was, too, an air of unconcern about
him and I heard him whistling softly
to himself.
He now withdrew Into the wood
and started off with the apparent In
tention of gaining a view of St. Aga
tha's from the front, and I followed.
He seemed harmless enough; he
might be a curious pilgrim from the
summer resort; but I was Just now
the guardian of St. Agatha's and I in
tended to learn the stranger's busi
ness before I had done with him. He
reached the driveway leading In from
the Annandale road without having
disclosed any purpose other than that
of viewing the vine-clad walls with a
tourlst'i idle Interest The situation
had begun to bore me, when the
school gardener came running out ot
th shrubbery, and Instantly the
young man took to his heels.
"Stop! . Stop'" yelled the gardener.
The mysterious young man ptung'tu
Into the wood and was oil like tho
"After him, Andy! After him!" I
yelled to the Scotchman.
I shouted my own name to reassure
him and we both went thumping
through the beeches. Whoever tho
young gentleman was, he had no In
tention of being caught; he darted In
and out among the trees with astound-
Railroad Track Was Detective
The Inquest over the body of tho
late Thomas G. Barn urn was held
last night by Coroner Clements at
Union, he coming down from his
home at Elmwood for that purpose.
A jury was Impaneled composed of
the following well known citizens of
Union and vicinity, Peter Clarence,
S. K. Hathaway, It. E. Stlne, It. I)e
lanoy. C. K. Young and W. C. Clark.
After the Impaneling of the Jury
who viewed the remains, the testi
mony of several witnesses was had
but they knew pratlcally nothing as
to the causo of the 'wreck, and could
slst the coroner and Jury in practical
ly no manner in arriving at the cause
of the disaster. They viewed the
track where the accident happened
but there waa nothing which could
shed light upon the reason for the
car Jumping the track. Apparently
there was no defect In the track
which would have caused the car to
leave the rails and so far as the
trucks of the car were concerned,
they too, betrayed nothing to assist
In unraveling the mystery of the ac
cident. There was some medical testimony
Introduced to show the cause of
Mr. Darnum's death, this being In
the estimation of the attending phy
sicians the fracture of tho skull
through which the brains of the un
fortunate man oozed.
After considering the testimony
and the surroundings of the accident
tho Jury returned a verdict "thnt the
said Thomas O. Barnum came to his
death on the Missouri Pacific Rail
way nt the wye north of Union, Cuss
County, Nebraska, on the Hth day
George E. Sayles, Early Settler
Passes Away
preparing his report which will prob
ably reach Clerk of the Court Jas.
Robertson, this evening. There Is
little use of the coroner's proceed
ings on the basis for any actions
against the railway company, either
civil or criminal, as nothing could be
developed which would In the least
affect the situation. It is said a
number of claims for damages have
already been filed by the victims of
the accident and It seems probable
that It will cost the company a pretty
sum of money before It Is closed up.
All told there are some (en persons
who suffered visible and pnlnful In
Juries and it seems certain each
them will Insist upon having
adequate amount for their suffer
ings. Added to these will be a num
ber of passengers who while having
no external Injuries, may have been
bruised or who suffered from Rhoek.
The funeral of tho late Thomas O.
riarnum It Is announced, will he held
tomorrow (Wednesday) at 1 o'clock
p. m, from his late residence In
Union. There will he doubtless a
very largo attendance of sorrowing
friends and neighbors gather to pay
their respects to him, a number of
his acquaintances In this city, signi
fying their Intention of attending.
The hour at which the funeral is held
makes It possible for all who rare to
attend from this city, to go and re
turn the same day as they can leave
on the 9:48 train In tho morning and
return on the train leaving Union at
4:25 p. m.
Died. Sayles. Ceo. E. at his home
in Cedar Creek, Neb., on Feb. 15,
1909, aged 60 years, 9 months, 24
days, from a complication of dis
eases. Funeral on Thursday, Feb.
18, 1909, at 1 o'clock p. m. Inter
ment at Glendale cemetery.
Yesterday morntr.g the startling In
formation was received In this city
of the passing of George E. Sayles
for many years a leading citizen of
Cass County. Although it was known
thnt Mr. Sayles was In very poor
health and that his death would soon
ensue, Immediate dissolution was not
looked for by his friends and the
news came as a great shock to them.
During a long life in this vicinity,
he having been a resident of Cnss
County for more than half a century,
Mr. Sayles had made himself wide
ly and favorably known, and he num
bered his friends by the scores. A
man of upright character and ster
ling Integrity, he had been In busi
ness In this city and at Cedar Cret k
and with all whom he had denllngs
he was Justly esteemed and respected.
George E. Sayles first saw the light
at Dover, N. H., on the 21st day of
April, 1 848. After a short period
of time Mr. Sayles' parents removed
from New Hampshire to Illinois
where they lived until the spring of
1857 when the removed to this coun
ty locating near the present town of
Cedar Creek. Thirteen years after
removing to thla section or In 1870,
Mr. Sayles took to himself a wife In
the person of Miss Frances Cooley
Ing lightness, and I saw In n moment of February about 10:4.') a. m. lltO'.t.'
mat tie whs siowiy Turning away to
ti e rluht.
:ia I
"Hun. for the gate!" I culled to the
gardener, who was about 20 feet away
from tne, blowing nnrd. I prepared to
on the turn If the young fellow I
dashed for tli b.l;e; mill lie now led
t,!e .1 pIVUV ( n;e;p Mmi'l'M I he HuWer I
l ien. He ra:! v
This verdict was signed by the en
tire Jury. There being no testimony
to show tiny cause for the death, the
Jury refraining from tnaklnit tiny n-c.
tun n tidatlnn In the ctue.
After rent hi n g n delsnn In the
1 1 ' r.' r f I lit ti f dlsihi'i 1
(ii,. jvry from further consideration
f T tie ,. ( il i;m slliee lne htl'T
Wutnon Is Humorous.
Judge Travis today received the
brief of Gen. John C. Watson In the
case recently heard before him In
this city wherein Councilman Hous
ton seeks to enjoin Us fellow col
leagues and the Mayor of Nebraska
City from entering Into a contract
with the water company. One unique
feature of the brief Is a cartoon
which. Is nttached to It. It Is a fine
specimen of Gen. Watson's ability
us n cartoonist and represents Ne
braska City as the bend of the house,
lying In bed ami watching Urn water
company in the guise of his wife, go
In!,' thrnm;h hU pants ami robbing
t hn. Tli" old lady holds ttoft In 0m
lmid a twenty-year ftainMs
'11. 1 1 1
1 lien- is iiiropriate reaillni; lietew
t" picture which ifentid much
e 1, r 1 H tit nt:i"ir; tl'ero v. ho i:nv It.
and to this auspicious union one son
and four daughters were born. The.
widow, with these children survive
him. One son Ceo. R. Sayles, resides
In this city and is manager of the
Duff Grain Company. A daughter
Mrs. Andrew Fudge resides In Vir
ginia, while another daughter Miss
Eva E. Sayles lives In Omaha. The
two remaining daughters are Mrs. W.
H. Seybert and Miss Ruth Sayles who
live at Cedar Creek, the latter with
her parents.
During his lifetime Mr. Sayles held
several positions of trust among his
friends and neighbors at Cedar
Creek. For a number of years he
was postmaster at that point and
also filled other minor positions of
responsibility, lie was engaged
during many 'years In tho general
merchandise business at his home
town, opening a store there In the
year 1880. Later he disposed ot
this business and embarked In the
grain business, becoming one of the
lending dealers in the county.
The funeral will take place on
Thursday next, February 18, 1909,
from his residence at Cedar Creek
at 1 o'clock p. m., Rev. J. II. Sala
bury officiating. Interment will be
at Glenwood cemetery.
The bereaved family have the sin
cere sympnthy of all In their great
sorrow. In the loss of George E.
Sayles the entire community shares
as he was of the best type of man,
generous, kind and agreeable. The
loss ot such men can 111 be borne.
Valentine Party.
Misses Gertrude Morgan and Elsa
Thlerolf delightfully entertained the
U. N, C.'s at a valentine party at the
home of the former on February 12,
The house wns prettily decorated
with hearts.
After the guests had assembled
a heart hunt was Indulged In which
was enjoyed by all.
A unique gueslng contest wns had
In which llattle Ilofftnanrecelved the
Anothtr feature which created
much amusement was the molding of
hearts out of chewing gum. which
Villa Gllpcn received the prize for
the best work
Later In the evening they were
Hcd to the dining room where n
di'li.ty luncheon was served.
Tlie dining table had be n prettily Dame, I ml
(iei crate. 1 with hearts which were!
1 1 rtitiK from the cliandelli r toll)
f ".If I I'fliels of the table.
Later In the evening the f in Is ti
parted for home thinking thed had
Indeed spent a pleasant time to
gether. Those present were Mattle Hoffman
Gertrude Morgan, Mlna Thlerolf,
Leona Asemlssen, Willa Moore, Elsa
Thlerolf, Villa Gapen.
Cured at Honve by New
sorption Method.
It you suffer from bleeding, Itch
ing, blind or protruding piles, send
me your nifdress and I will tell you
how to cure them at home by tho new
absorption treatment; and will also
send some of his home treatment free
fo trial with reference from your
own locality If requested. Imme
diate relief and permanent euro as
sured. Send no money, but tell oth
ers of this offer. Write today to
Mrs. M. Sum mers, llox P, Notre
M. A. Moore ot Murray spent Sun
day In the city stopping nt the Hotel
f 11