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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.
