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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (March 4, 1909)
be . Ilattamoutb Sournal.
SEMI-WEEKLY EDITION- EIGHT PAGES
PLATTSMOUTH, NEBRASKA. THURSDAY, MARCH 4, 1909
AGAIN ON TRIAL
State Produces New Evidence
Which Is Most Important
From Tuesday's Dally.
The trial of Fred Ossenkop this
morning attracted a large crowd of
spectators.' After a vacation of three
weeks the trial was again taken up.
was present. In the Interim Mat
thew Gering, counsel for the defend
ant, had filed another motion, for
a continuance, alleging that the de
trial, alleging hia constitutional
rights were Invaded by the postpone
ment of the case, and that the Jury
had been permitted to separate over
the defendant's objection.
Judge Travis overruled tho mo
tion for a continuance and later the
objections filed by the defendant.
County Attorney Ramsey then asked
to be allowed to withdraw his rest
and introduce further evidence.
Mr. Gering objected on the ground
that the defendant's constitutional
rights were being invaded, the tes
timony offered having been adduced
during the interim since adjourn
ment of the case, and violating the
defendant's rights under the law and
the constitution of the state.
William Hobson recalled, testified
he was the undertaker who em
balmed the body of the late Charles
Byrnes. He was familiar with the
appearance of the face and body of
Byrnes. He had seen the body
since burial. Saw Byrnes' body on
February 23. Mr. Gering moved to
strike out this answer as it trans
pired after the postponement of the
case by the court on Febuary 9.
Mr. Gering made a vigorous objec
tion to every question put the wit
ness as Invading the defendant's con
stitutional rights. His objections
were overruled. Witness testified to
having visited the cemetery at Lin
coln in the company with Under
taker Roberts, exhuming the
torney Ramsey introducing all this
Dr. Munger testified that he be
lieved the fracture of the skull
near the left temple caused death.
The discoloration of the muscles
etc., Indicated direct violence. Frac
ture could have been caused in no
way save by direct violence, at some
other point. From his investigation
at the post-mortem he stated the
fracture could not have been caused
by any other violence than that at
the point of the fracture. Witness
detailed at length his reasons for
so believing there being no evidence
of direct violence at an opposite
point to the fracture. The disloca.
tion oi tne jaw was caused by a
heavy blow at the point of the chin.,
Witness believed from his exam
ination that Byrnes might have
lived from three to five minutes af
ter receiving the fracture which
caused his death. The fracture at the
back of the skull was not large
enough to cause death. Witness
with the aid of photographs and a
skull demonstrated before the jury,
the exact location of the Injuries
which Byrnes received. The fracture
which caused death could have been
caused by a kick delivered by a per
son standing a little southwest of a
body lying north and south with the
head Inclined toward the southeast.
Mr. Gering on cross-examination
had seen Byrnes under the Influence
of liquor. Asked as to Byrnes' con
duct under the influence of liquor,
this was ruled out by the court.
Cross-examined by Attorney Doyle,
witness had lived within about 8
miles of the defendant. Had met
defendant both business and socially.
Had discussed Ossenkop's reputa
tion with parties since September
16, 1908. Ossenkop had been
recommended to him as a good ten
ant. Witness looked after his ten
ant's character In a general way.
Otto Moss of Walton called. Had
lived In the vicinity 34 years. Had
known defendant 25 years. Thought
his reputation good. Knew Byrnes.
Byrnes and Ossenkop seen together
at different times at dances and
parties. So far as he knew relations
between them were friendly. Byrnes
lived three or four miles from Wal
ton. Knew Wes Knight, postmaster
at Walton, now in Cuba. Fred Os
senkop had rented a hall at Walton
Attorney Doyle sought to show
that families of defendant and wit
ness were related but the court ruled
this out. Witness did not remember
hearing Ossenkop's reputation dis
cussed prior to the trouble. Had
heard it since. Never heard anything
said before the trouble.
Henry Mayer called. Lived eight
miles ' east of Lincoln. Had lived
there 46 years. Knew defendant and
family. Lived within two miles of
him. Had known him 25 years.
Had seen Ossenkop frequently at
home and at witness' house. Knew
Ossenkop's reputation as a peaceable
law-abiding citizen. Reputation was
good. Knew Byrnes about 16 years.
Had seen Byrnes and Ossenkop to
gether. They seemed friendly. At
torney Gering sought to show that
Byrnes was a drinking man and was
quarrelsome when drinking but this
was ruled out.
On cross-examination witness
they backed up to the northeast.
When the trouble started Byrnes
flopped around and grabbed Ossen
kop. Mrs. Giebenrath's testimony
was taken up and reviewed in a like
manner. She testified to witnessing
the start of the trouble. Miss Rose
Winter's testimony was also re
viewed, showing that she testified
that she didn't hear the talk between
the two men at the time. She could
not distinguish their features. Os
senkop was between her and Byrnes.
She did not see Ossenkop kick
The testimony of Henry Kettlehut
was examined relative to Ossenkop
being sober. Witness did not see
Byrnes after he fell. Witness did rot
see Ossenkop kick Byrnes on east
Bide. Henry Clear did not hear con
versation between OssenkoD and
Byrnes. He also related his lew of
the trouble between the parties.
Orvil Prouty'B testimony was likewise
reviewed giving his version of the
trouble. The purpose of this tes
timony was to Impeach the state's
F. C. Weber of Tlattsmouth took
the stand. He was familiar with gas
mantles. The ordinary gas mantle
was about 80 c. p. He had never
heard of a 1,000 c. p. gas mantle.
Ordinary electric arc lamps were
about 1,200 c. p.. Witness was man
ager of Plattsmouth's light plant for
Miss Alvlna Schroeder called.
Lived In Lancaster County near
Eagle. Seventeen years old. Knew
Geo. Denoy. Was In Eagle on Sep
tember 16th with brother and slater.
Rose Winters and witness together.
Knew Mrs. France Stang. Kenw
Old and Highly Esteemed Citi
zen Dies at Louisville
develoDed that a blow produce
a fracture should be very nearly bought he recollected seeing Byrnes
opposite the point of fracture. He and Ossenkop together about three
HAvoinnort that rtr Mnnr hA too. vears aS- "ad never heard defend
titled when he was on the stand be
ant's character discussed.
fore that the fracture was on the Frank KnabeI f Walton cal,ed
riht BA f th hond witnooa trn0 lived there 30 years a farmer. Knew
mistaken when he testified before We Knight, postmaster at Walton
as the post-mortem developed the Thought he was in Philippines or
mistake. Witness was asked by the
Died Gaebel. Charles, at the home
of his daughter Mrs. Herman
Pankonln, in Louisville, Neb., on
Saturday, February 27, aged 76
years, 4 months and 15 days, of
cancer of the stomach. Funeral
Sunday, February 28, 1909, at
Ripe with years Charles Gaebel,
one of Cass County's foremost citi
zens passed to his eternal reward
Saturday afternoon after a lingering
Illness of many months. He was one
of the best known and most popular
citizens of his vicinity and an old
settler of the state. He was such
a man that everyone who had .the
pleasure of knowing him could say
he was their friend. Charles Gaebel
was one of that type of German cit
izens who have reflected luster upon
the name of the fatherland. He was
honest, conscientious and upright In
all his dealings with his fellow men.
In his lifetime, a good husband and
a kind and 'loving father. In his loss
the community loses a good citizen
and his Immediate neighbors lose an
upright and worthy friend.
Charles Gaebel was born In Ger
manv on October 12 isa?! an A
Fred Ossenkon but not BvrnpB. PniilH I . ..
- - ' movea io mis country wnen he was
not remember character of night. 26 years of agei arr,v,ng here ,n
ruBl .. nuew ol iruuuie was wnen lg58t At the Rge of u fce Wft8 unt
she saw the men go off the walk. ed ln marrIage in Germany to Mlso
mey were ciiuuneu. eaw ussenitop
got up later standing by the walk.
Could not say how far Ossenkop was Surprise Party.
from the walk. Did not see Ossen- One of the most pleasant surprse
kop kick deceased. Mrs. Stang was parties given In thla city for some
not with them. Witness was about time was the one given at the home
three feet from the edge of the walk, of Mr. and Mrs. Albert Schwartz, last
Mary Present, a most estimable
lady. Of this union several children
were born of whom four survive.
These four are Charles J., Henry,
Mrs. Charles Lau and Mrs. Herman
E. Pankonln, all residing at or near
Louisville save Henry who is a res
ident of Spokane, Wash.
Coming to America in 1858 Mr.
and Airs. Gaebel settled in Wiscon
sin where they lived five years. It
was ln 1861 when they came to Ne
braska, then a wild frontier state,
where they remained until the time
came for the end. They settled up
on a homestead three miles southwest
of Louisville and there they lived un
til June 1896 when they removed to
Louisville and took up their resi
dence with their son-in-law Herman
E. Pankonln where they lived at the
time of Mr. Gaebel's death.
The funeral was held yesterday
(Sunday) from the German Luth
ern church at Louisville, the service
being conducted according to the pre
scribed forms of the church. The
attendance was very large there be
ing many attending to whom the de
ceased stood as a brother.
In their deep sorrow the family
have the entire sympathy of the com
munity as the loss of so good a
man as Charles Gaebel is such every
one must feel.
county attorney to make the examln-
body of Burnes, taking it to the
morgue and making an. examination ation of the body
of it. There was not much change Mr. Gering and Judge Travis
in the appearance of the body. The clashed over a question of the for
face was much darker, the right mer touching County Attorney Ram
eye was sunken and the jaw much sey's connection with the post-mor
swollen. Drs. Munger and Neely tern, and Judge Travis severely re
came to the morgue and conducted buked Mr. Gering for his manner of
a post mortem examination. Witness asking questions and his conduct of
described in answer to a question the case. Mr. Gering had an ob
of Juror Wescott, the process of jectlon entered to the court a re
holding a post-mortem and the steps marks alleging that they were pre-
taken by the physicians in the case. Judicial to the defendant and object
Mr. Gering asked that Dr. Cum- ,n8 to tne court's manner toward
mins whom he would call as an ex- him.
pert witness, be allowed ln the Mr. Gering then examined the wit
court room while Dr. I. C. Munger ness on hia testimony given hereto-
was testifying. This was granted I fore, at some length.. The blows on
by the court. the face would not have produced
Dr. I. C. Munger called testified death. Witness testified that either aiK.e waa quite iarge as had be,.u lhe
over the defendant's objections, that a K1CK r a Ia caused me iracture. C:,,,. ln the m. rnng,
he was the same physician who had " defendant did not kick deceased
testified heretofore. He had con- a that point then the fall could
ducted a post-mortem on February have caused death. The cross exam
23.. Condition of bodv was well "nation developed that a man stand-
w i. . .
ing within two feet of the walk could
have kicked the body on the ground
with sufficient force to have caused
the fracture. There was no abrasion
at the temple bone. The fracture of
the skull could have been caused
by striking a wagon tongue. Hair
over temple would protect a kick
from the foot
The dislocation of the Jaw was
Cuba. Knew Ossenkop and Byrnes
Knew latter 15 years. Saw the two
together. Was member of a commit
tee which rented a hall at Walton to
Ossenkop. Had seen the two togeth
er at different times. They seemed
friendly. The same trouble over the
liquor question came up with this
witness as the others. Witness had
never seen Byrnes under the influ
ence of liquor. Ossenkop's reputa
tion was good.
Cross-examined by Mr. Doyle.
Witness last saw Byrnes and Ossen
kop together two or three years ago.
Had heard of quarrels Ossenkop had
been In. All he knew was hearsay.
Witness didn't inquire about him.
All he heard was about quarrels.
At 12:15 Judge Travis adjeurnej
ourt until 1-30 p. m. The attend
preserved. Dr. Neely was present.
The post-mortem developed the lower
jaw as dislocated on the right side,
tissues below were clotted with
blood. The body was opened through
iho clu'st developing hemorrhage.
Bruises and concussions were much
in evidence at the left temple. Skull
was fractured from the temple. A
large black: and blue snot was
found about one Inch ln diameter at caused undoubtedly by a blow on
the back of the skull.- Other black the chin fro mthe fist. If the de-
and blue spots were found ln the ceased struck the ground hard
same location. Another fracture enough the fall would have caused
was developed below these spots, the fracture. A man weighing 215
Witness by the use of the skull ex- pounds with a sharp pointed
The first witness called by the de
fendant in the afternoon was Dr
Munger who was re-called for fur
ther cross-examination. He did not
see the body of Byrnes between Sep
tember 19 and February 23. Dr,
Munger received $50 for his services
and $50 for his assistant. This was
paid by Cass County.
Mrs. Henry Kettlehut called. Lived
near Eagle. Was In Eagle on Sep
tember 16th, in the afternoon. Knew
Fred Ossenkop sdme 10 or 11 years.
Saw him there that afternoon. He
was taking part in the tug of war.
Saw him at supper and did not see
anything wrong with him. Did not
think he was under the Influence of
Cross-examined by Mr. Doyle It de
plained the location of the several j shoe, kicking deceased ln the head, I yclopcd Ossenkop was talking about
a fight in tho afternoon. Little de
voloped In this line, however, as wit
ness could not recall the talk.
Mrs. Virginia McVicker called. Was
a stenographer and took the test!
mony at the preliminary hearing on
Nov. 16. She could not find the
notes of this testimony. They had
been lost. She had transcribed the
notes Into typewriting, and identi
fied a copy of tho notes as trans-
rRODl'CTIOX OF THE
mSTEItriECE "THE PASSION"
Choir of St. Luke's Church Under
IHrectlon of Prof. H. s. Austin
Started Last Sunday.
One of the greatest things ever at
tempted In this city iu th line of
Witness was shown a photograph of (Saturday evening, ln honor of their
the scene and she pointed out to the daughter Mlsa Joule, the occasion be-
ury Just where she stood at the ling the celebration of her seventeenth
time. Did not hear any sound of birthday. The evening was very en-
klcking or beating, nor did she hear joyably spent in music and games of I music la the rendition of tho "Pas.
anyone say "Now give it to him." The various kinds, and at the usual hour 8lon" niusic by the members iof St
trouble was over in a few moments, daintily prepared refreshments were Luke a choir under the direction of
Cross-examined by Mr. Doyle, wit- served. Following were those pros- Vim. JI s- Austin. The initial num
ness apparently saw little of what ent: Misses Mary Hobsoheldt, Agnes Ppr was given at the church last Sun-
happened outside of seeing the men Ward, Sophie ZleczkouskI, Anna dav an a heard with gratiflca.
go off the walk.' She only saw Os- Tarns, Tlllle Palger, Anna Dutch, tlon W a 'urge congregation. Tho
senkop go off the walk and then come Mary Sarder, Hulila Spahnl, Hulda, music is exceptionally fine and tho
back on the walk. The witness was Clara and Paula Goos, Agnes, Mary M'holr under the able direction of
confused apparently and seemed anx- and Josie Schwartz, Charles Ault, Prof. Austin gave it in magnificent
lous to avoid knowing the events Will Ofe, Glenn Mullls, Otto Lutz, Ed. I manner. The several parts are ex
whleh took place. Olfe, Ralph Mullls, Henry, Frank cellcntly taken and the entire per-
L. D. Hlatt called. Lived in ZleczkouskI, John and Albert formance Is such as to reflect great
Plattsmouth. Photographer by pro-1 Schwartz.
fesslon. Member of Olson Photo-
grapn company, i-amuiar witn Dus- Look nt Western Land.
lness. Had photographed defendant
S. IT. Atwnrul nf T.lnrnln unnnt
on September 20 on Sunday after- sn,iv in tho Hfv vith ritivp. ,t
noun, ueiauea arraingements ror ki. v....i . t.. i. , ine unjust I'ondemnat on" h tin.
- I ma uubih IIHIUILT Jiiugu . II. I -
credit upon Prof. Austin.
The story of the "Passion" service
comes under six heads. The first Is
"The Traitor at the Table." Then
conies "The Denial in the Palace.'".
photographing Ossenkop. Identified
photograph of defendant's neck and
head. These were introduced in evi
dence over the plaintiff's objections.
They were passed to the Jurymen for
Newell. Mr. Atwood has Just re
turned home from a trip of several
weekB In Western Montana and Ida
ho with Mr. J. G. Rlchey of thla city.
The two gentlemen were looking
at land In the Bitter Root valley ln
Western Montana with a view to In-
third head followed by "Tho Mockery
on Calvary." The fifth is "The
Shadow of Death" and the closing
scene is "The Holy Sepulchre.'"
These heads tell the complete story
one of great beauty. As can easily
be imagined, the music Is magnificent
FltKI) Til HALL EXTKKS
PLEA OK "XOT CJl'ILTV."
A Arraigned TIiIh Morning in His.
tiict Court on (iinrjic of As
Niuilt to Murder.
From Tuesday's I tall v.
Before the commencement of the "' city wnere nis stone quarry busl-
Ossenkop case this morning ln dls- "ess required attention.
trlct court, Fred Thrall, Jr., was ar
raigned and asked to plead. County Here for ft Visit.
Attorney Ramsey was present on be- Mr. Jerry Suffer, of McComb, 111.,
I .1 11 A .
vesting and mado a very careful Bl,u wtu worin' ine "ose attention
study of the situation there. Mr. whUh U alwttV8 receives. A moiister
Rlchey left Mr. Atwood at Alliance, congregation should be present next
Neb., going to Denver, Col., and 8undav w''cn the second part Is
thenc to Eastern Colorado whore Klvt'"- To much praise rmmot bo
he has largo business Interests to gln'n Irof- AuHtln for lh npleudld
look after. Mr. Atuoort ramn on tn an(1 nul" manner In which he has
drilled his choir and the dose atten
tion and study they have given tho
task of preparing thi-lr parts.
IN't liming West.
Mr. and Mrs. R. C. Jahrlg arrived
in the city yesterday from Ham-
injurles. Juror Whlteman was par- would likely have caused an abrasion
ticular in locating the side of the of the skin
skull on which the injuries occurred. Dr. Munger mado a most excellent
Witness found brain much congested witness. His answers were clear log
wlth blood. Blood clota were found leal and straight forward. He had a
all over tho brain. Witness then tes- dear, thorough knowledge of his case
tided to Investigating the matter of and delivered his testimony with a
dislocated neck. Neck was not posltlveness which was convincing.
broken, the vertebra being in cor- At the conclusion of Dr. Munger's
rect position. testimony the state rested.
Witness produced photographs of Aug Relnke called testified to his
Byrnes body taken at tho time of acquaintance with the defendant and scribed. The notes of the testimony
the postmortem which were offered his character which was good as be- of Harrison Hudson were examined
in evidence to show tho Jury, tho ex- lug a peaceable law-abiding citizen, especially that part which related
net condition of tho head and body. John Reed called, lived nt Lincoln, to the condition of the street at
.Mr. t.oring Kept up a constant run- Neb., since 1887, occupation letter- KagK Ho did not testify as to the
nlng fire of objections to tho Intro- currier. Knew Fred Ossenkop. His I condition of the street nor as to hot
ductlon of this evidence, lie ob- reputation as a peaceable law-abiding ties, ro ks or the like ln the street
jected to to introducing the photo- citizen was good, lie owned the Nothing wns said at that time about
graphs n it was not miown that they farm which Ossenkop rented of him. hearing kicks. Otto Kettlelitifs testl-
were taken by n competent photo- Witness daughter married a broth-1 mony was tnken up next. He test I
grapher. Mr. Gering made a con- er of Byrnes. Saw Ossenkop and fled that Byrnes was lying with his
stant and vigorous fight to pre- Byrnes together at different times, bend to the south, the body on the
vent tho photographs and the evl- They were good friends. Byrnes was left side. Both lights In tho store
dence or Dr. Munger getting to the about C feet 9 Inches tall, weight were lighted. He also testified to
Jury but without success. County At-1 about 1 30 or 160 pounds. Witness I the team being close to tho walk and
half of tho state while the defendant and Mrs. Nettle Beach, of Momtnouth,
was present in person and was rep- 111., brother and Hlster of Frank Saf-
resented by A. P. Moran of Nebraska fer, arrived in the city this morning mand, Indiana, and after a week's
City. After tho reading of the In- for a visit with the brother and fam- visit with tho parents of Mrs.
formation by County Attorney Ram- lly. For Borne time they contcmplat- Jahrlg, Mr. and Mrs. Doerlng, they
sey which charged the defendant ed a visit to Mr. Safrer, and owing will return to their home In Chey-
ll'UK n 1 . ...It 1. I ...... . 1 .. 1 t.M l , t. .. I I 111.!. I ... . ...
mm unnuun nun Hue in. lu inuruer I iu um on ivurna uivy tuiitt'U a iiiiio I ('line, Wyoming. AIT. JOIlNg 18 a
and also to do great bodily damage earlier than they had planned. Mr. car Inspector, and was transferred
to Rese Delaney, tho defendant plead and the past few day his condition somo time ago to Hammond, and fin-
not guilty. Attorney Moran asked Suffer has has been ailing for somo lushing his work there ho Is return-
that a bond ln the sum of $500 be took a chnngo for tho worse but his ng to resume the duties of his for-
flxed. Judge Travis announced that I friends hope for an Improvement mer position.
no $500 bond would bo fixed by his soon.
After hearing statements bh
to tho defendant's inability to fur
nish bond in tho sum of $1,000 Judge
Travis made an order fixing the bond
at $1,000 and remanding the prisoner
to the custody of the sheriff. It Is
probable that a Hhowlng will bo mado
by tho defendant of his ability to
furnish the bond with sureties from
out of tho county. Pending this he
remnlns In the custody of the sheriff.
(one to Fremont. I
I I'I.a M'.,.., til.. ..!.... .... . .
Miss Lmilo Randall, a daunhter of I. ' . "-"""" """''y 1,1
I nil I'miiltvlitririr) riiitroh lml.l n -.
Dr. and Mrs. A. A. Randall, and a ,
member of the Methodist Episcopal ""T"1 a'" esMng meeting at
church choir and o ftho Euterpean
Glee Club and un officer of Iho Ep
worth Lengue, departed Monday for
Fremont, Neb., where sho has ac
cepted a position In a largo millinery
store. She will be greatly missed
I v all tho church people.
tho home of Mrs. C. 11. Partnele
Monday afternoon and tho following
named officers were elected for tho
ensuing year: President, Mrs. J. N.
Wise; secretary, Mrs. J. II. Salsbury;
treasurer, Mrs. CM Morgan.
Baxter Smith, Mr. and Mrs. Frank
K. Sehlatcr and Edward Schulhof de-
Fred Warner has rented the Pur
To buy one good single or double melo ranch near Cullum and will pnrted on tho noon train for Denver,
driving horse. Also butcher stock, farm and ralso stock this year. He t0 vlHlt tnr,r brother-in-law, Sanford
cattle, veal calves, sheep and poultry, was a pnssenger to Omaha on tho I ho Is reported to be serl
Lorcnz Bros. noon train. ouBlylll
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