The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, March 04, 1909, Image 1
State be . Ilattamoutb Sournal. SEMI-WEEKLY EDITION- EIGHT PAGES VOLUME XXVI11 PLATTSMOUTH, NEBRASKA. THURSDAY, MARCH 4, 1909 NO. 180 OSSENKOP CASE 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 testimony. 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 of Knight. 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 Byrnes.. 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 witnesses. 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 two years. 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 CHARLES GAEBEL IS AWAY 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 Louisville, Neb. 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 liquor 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 observation. 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. court. 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. Wanted. 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