The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, February 25, 1909, Image 1
boo suit Neb. I lha nn ah n f IK SEMI-WEEKLY EDITION EIGHT PAGES VOLUME XX VIII PLATTSMOUTII, NEBRASKA. THURSDAY, FEHKUAKY 25, 11)01) NUMUEI? 184 VERDICT IN DAMAGE SUIT Jury Decides irt Favor of the Defendant, Jonn ll. Leyda The jury in the sensational dam age case of Henry R. Goring against John M. Leyda and Sam Beggs af ter being out virtually twenty-five hours, last evening returned a ver dict in favor of the defendant. This verdict created general surprise among the public which followed the progress of the trial with close attention. Those most closely in formed upon the case predicted a disagreement owing to the peculiar clreumsiances surrounding ihe case. As ssoon as the jury had agreed Judge Trivia was Informed by the fahoriff and he immediately opened court, counsel for the parties being summoned and appearing. The ver dict was opened and read and the de fendant and his counsel expressed the utmost satisfaction at it. The plain tiff's counsel was much surprised and disappointed over the outcome. The proceedings gaturday follow ing the close of Mr. Gering's argu ment consisted of an argument for the defend by his brother J. Elmer Leyda of Falls City. Mr. Leyda did not make so extended a speech as Mr. Gering nor did he put so much in vective in his argument. He argued Wore from the standpoint of attack ing the liquor business as handled by the drug stores. His speech was ef fective considered In connection with that feature of the case. The most effective argument made for the defendant, however, was that of Byron Clark who argued after Mr. Leyda had finished. Mr. Clark sought to show to the jury that the plaintiff had failed to show any con nection between Mr. Leyda and the -Institution of the case, against Mr. Gering and he contended that the former's actions throughout the trouble were praisworthy motives and such as any proud spirited man might be proud of. Mr. Clark's general ar gument upon tho case was able and exhaustive and had evidently a far- LIKE VOICE FROM DEAD Letter Received Alter Writer Has Passed to Great Beyond At the last meeting of Mt. Carmel Commandery In this city, the as sembled brethren of the Masonic fraternity were treated to a communi cation that was like a voice from tho grave. In 1881 George W. Llnlger a lead ing citizen of Omaha, and one of tho prominent Masons of ho west, made a trip to the Holy Land. While In Jerusalem and In one of the monasteries occupied by the Knights Templar In the days of the crusades and in a spot made famous at a latter day by Napoleon, "the man of destiny," he wrote a letter to Mt. t'armel Commandry. It was a most remarkable document nnd dwelt upon the fact that there, on the site of the ancient temple, he could trace the craft of Masonry not only In leg end nnd tradition, but by the actual and practical demonstration of the things Mint were. The letter never reached Its des tination until n few days ago. Twenty eight years after It had been written It was delivered over to the lodge to which It was addressed. After he had mailed It the letter went to Omaha and laid In the arch ives of the grand lodge until It was resurrected by Frank White, the secretary, who forwarded It to the commandery here at Auburn. Since the letter was written great changes hae taken place. The orig inal home of Mt. Cnniiel eommnndcry was at Brownville and was the third to be organized in this state. At the time Mr. Linker wrote, the home of the commandery was as Ilrownville. The author of the letter was one of Omaha's pioneer business m"i and a most public spirited citizen. Much of his life was spent In travel, dur Iiik which time he ransacked the world for curios and art treasures which are preserved In a museum at Omaha. He died a few years since and his loss was greatly regretted. At the time Mr. Llnlger wrote the letter to tho local lodge he made tho Journey through Palestine on a camel's lmck. The members of Mt. reaching influence upon the Jury as was demonstrative later by the ver dict. General John C. Cowin closed for the plaintiff and made a powerful ar gument in favor of his recovering a verdict. Gen. Cowin made several al lusions to the use' of the unfortunate expressions used by the defendant as testified to in the trial and in con nection with them Indulged in vigor ous language toward him. His argu ment was generally considered as a fine oratorical effect and elicited much favorable comment. His piec ing togther the strands of the evi dence so as to convince the Jury of Leyda's participation in the case and to establish a case of conspiracy was very able and masterful and had im mense effect upon the sentiment of the crowd in the court room al though it did not seem to have been as telling upon the jury. After Gen. Cowin had closed his argument Judge Travis read his in structions to the jury. The instruc tions were very long and compli cated and were generally considered as very fair to both parties, all ex pressing themselves as satisfied with them. The jury then retired. Throughout the trial considerable acrimony marked the case, attorneys for both sides being almost con stantly engaged in wrangling and quarreling. Judge Travis had to se verely rebuke counsel for both part ies several times before he could get them to try the case In peace Throughout the long trial Judge Thavls ruled with a fairness and im partiality which was much com mented upon by the crowd and both parties received equal and exact treatment at his hands. The case was a delicate one to try and that he did so In such an Impartial man ner is greatly to his credit as a jur ist. Carmel commandery feel very sad over the fact that the letter had not been received while the author was yet living so that he could have re ceived suitable testimony of their ap preciation. The letter Is now In the custody of J. M. Armstrong and will be guarded as one of the most sacred and valued treasures of Mt. Carmel command ery. Auburn Republican. Express Car Burned. The express car on Burlington passenger train No. 3, due here at 5:45 o'clock Saturday evening, caught fire a short time after the train had left Omaha and was to tally destroyed. The flames were discovered soon after the train had pulled out of Gretna. It is not known how the fire started, but it Is said that the flames were first seen in the roof. The car was uncoupled from the rest of the train and the engine pushed the burning coach back to Gretna, where all the watei In the engine tank was thrown upon the flames. This did not stop the con flagration, however, and the car and all Its contents soon became a mass of burning ushes and twisted Iron. The express "way bills" from which the contents of the burning car can be checked were In the safe and were not destroyed. If these had not been saved claims to unlimited amounts might have been presented by owners of express packages, but as the way bills afford evidence of value the express company will lose only the amounts these bills call for. The rest of the train stood on n side track while tho burning car was taken hack to Gretna and passengers were nearly two hours lute In reach ing Lincoln. Lincoln Star. A l.ti'Uy Kunaway. Monday evening Charles llcnnhiKS drove to town to attend I. O. (). F. lodge and tied his team north of the postofflce. They broke loose ami as he supposed started for home, Charley put In most of the night looking for them, but they never showed up at the farm until .1 a. m. nnd strange as It may seem the only damage done was the losing of a lap robe, which Charley hopes to re cover. Louisville Courier. DECIDES FAMOUS LAW SUIT Supreme Court Decides Case of Asa McCullough vs. Wm. Dunn On Saturday . last the supreme court handed down a decision in the somewhat celebrated case of Asa Mc Cullough vs. William Dunn. This case grew out of the sale of a. horse by Dunn lo McCullough under a warranty of soundness on the part of Dunn. The horse was sold at one of Dunn's public sales of horses at Weeping Water and McCullough bid It in at J 1 52.50 with Dunn's written warranty "sold sound" and the mon ey paid at time of delivery. McCullough started in the even ing from Weeping Water for his home about nine miles distant, lead ing his purchase behind his buggy, but had not gone far when the horse began to lag, and show signs of dropping upon its haunches. By careful driving McCullough finally reached his home and with the aid of neighbors got the horse Into his barn, where it dropped down ap parently afflicted with some trouble in the region of the kidneys and loins. McCullough applied remedies and doctored the horse but on the fourth day after the purchase, the horse died. McCullough then went to Dunn and demanded his money back, because of the warranty of soundness. This Dunn refused to do and suit was commenced by McCullough before Judge Travis, then county judge, for damages for breach of warranty. The suit was for the price paid for the horse and $10 for medicine and treatment of the horse or for $162.50. The first trial was to a jury lu county court, Matthew Gor ing appearing for McCullough and C. E. Tefft and Byron Clark appear ing for Dunn. The Jury disagreed and by consent, the case was sub mitted M J-i dpe Travis on the s-t Ti testimony taken before the j ir.". Judge Travis defied in favor of Dunn and McCi.llough appeal1.! to District court. iioiv the Jury ngin disagreed and a second trial in sulted. At this second trial some six veterinary surgeons were called as expert witnesses to tes tify as to the cause of tin death of the horse. From Cass County were two leading veterinarian surgeons, Dr. Jensen of Weeping Water for Dunn and Dr. Barnes of I'latlsmouth for McCullough, besides others from Lincoln, Omaha and other places. Heavy costs had already piled up and the pile getting larger. McCullough and Dunn were both freshly deco rated with war paint ind the former had secured Judgo Ramsey to as sist Mr. Gering. The trial excited much Interest and horseology Including diseases, particularly that of azoturla. called forth many learned theories of the horse allnlsts, and as usual, scarcely two of these veterinarians agreed In their dlagnosises. But the case was hotly contested before Judge Jessen and a jury. The Jury were out part of a day and one night and finally awarded McCullough a verdict of $82.00 a sort of compromise, di viding the loss equally between plain tiff and defendant. However, the verdict was a victory for McCullough In that It decided that Dunn's warranty of soundness of the horse had failed. Dunn carried the case to the su preme court and Is again defeated and now will have to pay not only the $82.00 and Interest, but costs which will probably reach nearly $150.00. Ijilctalns Choir. Mrs. J. W. Gamble entertained the members of the choir of the Presby terian church Saturday evening. The choir always expects a delight ful time when invited to the Gamble home and their expectations were fully realized In the entertainment of Saturday evening. Following the regular rehearsal, gnslng games, social chat and music were thoroughly enjoyed and the de licious colonial luncheon from the prettily decorated table In the din ing room was not the least appre ciated of the many delightful things provided by the thoughtful hostess for the entertainment of her guests. The members of the choir who en Joyed this occasion were Messrs. nnd Mesdames Will Warga, (1. L. Farley, J. E. Douglass, Mrs. F. W. Lotshaw, of St. Paul, Minn., Misses Estcllo Balrd. Teresa Johnson. Vesta Katon. Nellie Wilson, B. A. MrElwaln. Turners '2 Malveru Saturday evening the Plattsmouth Turners basket ball team and a team from Malvern, la., engaged In a most enjoyable and exciting game. From the start the Flattsnioutb. boys went right after the Iowans and kept it up. The score in the first half was 16 to 9 in favor of the Turn ers. On the second half fowls on tho Turners gave the Malvern team a chance to score a number of points. It was a fine game and the boys are to be congratulated on the showing. Hopping was the star player of the evening as his throws at the bas ket usually meant a score. ' The final score was 25 to 22 in fa vor of the Turners. The team has a number of games scheduled for the near future and are deserving of a good and liberal patronage. After tho.game a most delightful dance was glV'Il. The line-up of the teams was as follows: Turners: Wllklns C. Droege F. Wurl F. Hopping G. Deal G. Malvern: Conrad C. Bobbins F. Barkus F. Kneeland G. Corbln G. UNITED IN ! MARRIAGE Couple Are United by Rabbi. Flcsch- man of Omaha From Monday's Dully. A wedding somewhat out of the ordinary In this city, took place yes terday afternoon at the home of Max Herman on Third street. The con tracting parties were Nathan Kohen, a brother of Mrs. Herman and Miss Eva Rachman. The ceremony was according to the Hebraic faith, Rabbi Fleishman of Omaha, performing the ceremony. In the presence of a number of In vited guests the ceremonies were given. The wedding was one of the typical Jewish class. The party as Benabled In the parlors of the Herman home, the groom and bride taking their places under a spreading canopy supported by four men, one at each corner. The bride was attired In a pink plaid silk with bride roses and the long, flowing white veil. She was attended by four bridesmaids each with a lighted candle. Tho groom wore the conventional black and was alike attended by four groomsmen, each carrying a candle. As the Rabbi commenced tho ceremony, the bride and her maids circled about him sev eral times after which the ring was produced and the beautiful ring cer emony given. After the binding words were pronounced by the groom a glass of liquor was pro duced by tho Rabbi who handed the same to the groom who took a sup passing It to the bride who tasted it. It was then returned to tho Rabbi who threw tho remaining liquor out and then tossed the glnss to the floor. The groom at once stamped upon the glass breaking it Into pieces. This was symbolical of the breaking of tho ties which bound the bride to her parents and the assumption by tho groom of responsibility for her and her conduct. Previous to this her parents had been holden for her sins which were now answerable by the husband. The completion of the ceremony wiis followed by refreshments and a niagnllicent wedding dinner served to the numerous guests nnd the wed ding party. The ceremony was unique and un usual in this community which docs not boast of a synagogue, Rabbi Fleishman being called from Omaha to perforin tin ceremony. The wedding was attended by the several Hebrew families of this city and a number of guests from abroad. Among the latter were I. Pearlman and family, Mrs. S hall, M. Klrchen blatt of Omaha. The local people present Included M. Fnnger and family, V. .inker and family, Max Herman and family, Mrs. L. Goldlng, Maurice Koehn and family, II. Walntraub and family, P. E. Ruff ner, II. M. Soontilchsen. John Leucht wels, Mrs. Perry Coffmaii. K. J. Kruger, Misses Petersen and Leona Kdgerton. Gets Pension. Judge M. Anber has received no tice from the pension department of the granting of a pension of $12 per month to Mrs. W. W. Slater widow of the late William W. Slater Judge Archer has been remarkably successful lately In securing the quick granting of pensions, this case hav lug been before the department but n very short time. RETURNS FROM TRIP TO MEXICO Plattsmouth Party Enjoyed Fine Time In Southern Clime Last Saturday night Charles C. Parmele and son Pollock, and Fred G. Egenberger returned from their trip to Mexico. A. S. Will and Frank E. Schlater, the remaining two mem bers of tho party arrived yesterday morning. The entire pnrty was worn out and tired after the trip which was not the pleasurable one they had an ticipated. All Hive were glad to get back to American soil once more and found everything better this side of the line. The trip going down was enjoyable save for an attack of ill ness which seized Mr. Egenberger while the part was near Agua Callon- tes, tho Mexican Hot Springs. The, trouble was not of a serious nature, however, and Mr. Egenberger was soon himself again. The party made brief stops at El Paso, Texas, Chih uahua, Agua Cellentes, Vera Cruz, and City of Mexico. They were not much Impressed wlth 'the country nor did the people please them. They found the country as a rule sandy and barren. There were large tracts which were good for cultivation and excellent farming land but the gen eral character of the land was too poor to waste time upon. Mexico City they found to be a handsome and clean city, well gov erned with all modern conveniences such as electric lights, electric rail roads, telephones, water system and the like. Nearly all these conces sions were owned by Americans al though the street railway system was owned by Germans. While In this city they attended a bull fight and saw the real article. There were eight bulls killed In the ring, seventeen horses killed and one matador fatally injured. The spectacle was a bloody one nnd none of the pnrty found any enjoyment In it. As one said, they preferred football. The arena In which the fight was held was a mon ster one capable of s eat 40,000 peo ple and It was packed and jammed to the limit. The light took place on Sunday afternoon, the Mexican holiday, and tickets for it ranged In price from one to live dollars. The receipts from these lights are enor mous but It is derived from the strictly Spanish and Mexicnn resi dents, the foreigners and Americans especially seldom attending more than once. The sight was a novel one to their northern eyes. While stopping at Mexico City, tho party had rooms nt tho St. Francis, a fine modern, up-to-date hostelry patron ized by Americans. It Is told, but this Is not for publication, that one of tho gentlemen ran across a white aproned serf who wanted to charge him seventy-five cents (or a drink he made himself but he was not to be bilked and made him take a quarter and call It square. This tale may t)e a malicious llliel. The party found Mexico City an enjoyable and pleasant place although the extremely high altitude, some 7.000 fid nbove sea level, occasioned Mr. Egenbergi considerable trouble. From Mexico City the party went to Vera Cruz on the coast, and they all unite in say In-? that It Is the most abomlnabl 1'i.u .. nicy ,.Ver vislleii. I lie sun blazed down In true tropical vlru PRETTY WEDDING Mr. Andrew J. Snyder and Miss Barbara Ptak United in Marriage From TucHilay'8 Imllv. Last evening at the home of Emll Ptak on West Pearl street. Canon II. B. Burgess united In marriage Andrew J. Snyder ami Miss Barbara 1'tak. The wedding was a quiet home affair, the only spectators being the Immediate family of Miss Ptak. The couple will go to housekeeping lit once nnd will remain lu t bis commun ity. Mr. Snyder expecting to com mence farming. The bride Is quite well known among the young people of the city anil enjoys the acquaintance of a host of friends who hope to see her have a long and happy wedded life. She Is a young woman of much worth and one whom nil know to respect and lence and the atmosphere was so un comfortable that they cut their stay there very short and hurried away. None of them had any good words for that city. They found the general run of Bmall towns nnd vil lages In the country miserable and squalid in tho extreme. The houses are adobe structures that Is buildings built of mud or dry bricks and constructed In a prlmatlve man ner. The smaller towns are devoid of modern methods and show no signs of progress. The people were an other drawback to the country as they are an Ignorant and degraded lot as a rule, the exceptions being the high class Mexicans of the larger cities. The peons or common laborer of the country, are steeped In Ignor ance and have most disgusting traits. To their lack of education nnd re finement much of the backward state of the country Is laid by the visitors. The pnrty were very glad to get themselves separated from tho na tives and all were relieved to cross tho border once more coming back. One of tho pnrty asserts that there are a number of places In Mexico where they couldn't Induce him to stop over alone. The party reports running through several vast estates, the railroad In one place running for one hundred miles through a cattle ranch owned by one man, he being the governor of the state. This ranch was stocked with vast herds of cattle there being several hundred thousand head up on It. Mexico Is to their minds, the future cattle country of the world. The vast, almost limitless high plat eaus and prairies coupled with the warm climate makes an Ideal cattle condition nnd the possibilities of the region are commencing to bo recog nized now. Packing plants nre be ing started up nnd soon the Industry In this country must stand the com petition of the Mexican product. The general character of tho government seems to be good although President Diaz Is an autocrat In reality and the constitution Is very much of a sham. As ho has gotten well along In years there Is a prospect that he may soon step out and considerable specula tion Is rife as to who his successor will be. The gentlemen do not be lieve there will be any trouble when he dies and they look for a peaceful succession. However, there ure three or four candidates for his position. in the field now. They did not find much trouble" with the Mexican cus toms officials at the border and lit tle attention was given their bag gage. This was not the case coming back, however, ns Uncle Sam's In spectors went Into everything look ing for dutiable articles. Kl Paso. Texas, they found to be a live, hus tling city and they were much Im pressed with It. From El Puso they came directly to K.insas Clly, .Mr. Parmele nnd son and Mr. Egonbcrg er coming on ahead ef M. :.srs Will and Schlater and coining hone by way (if Omaha, going up on the oth er side of the river and remit;;? down on the night trait'.. It Is not probable they will Invest in i lie southern coun try If one may judge from their talk. admire. The groom Is also well known throughout this section and Is u young man of high character and standing in the community. He has nn excellent reputation lu every re spect and is a gentleman whom all admire and respect. Ills host of friends extend to him their sincere congratulations and best wishes for a long and happy fut ore. Claud Selvcrs Married. Claud Solvers, a former Platts niouth boy, now Ihlng at Madrid. Neb., was married to a younc lady of that place a few days since Mr. Sev ers Is a son of our townsman James Silvers and Is a bright and aide young man of marked ability, lie has ben living at Madrid, Neb., for several years past and has been do ing quite well there. His many friends In this city and vicinity are glad to learn of his venture Into matrimonial seas and predict and hope for a long and happy married life for him.