The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, July 12, 1909, Image 1

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    Neb. s,;no umoj-Kiu ac.
NO 50
Lau Gets Verdict for $500 and
Ex-Mayor Gering Wins a
Sweeping Victory
From Friday's Daily.
In district court this morujag
Matthew Gering as counsel for John
C. Knabo filed a case against Min
erva Jones and a large number of
other defendants, seeking to quiet
title to some 197 acres of land ly
ine in Mt. Pleasant precinct. The
land lies In Section 32, Town 11,
Range 13. Knabe has been the oc
cupant of the lands for some years
and the suit Is brought merely to
confirm the title in him.
i In district icourt this morning
Judge Pemberton held his final ses
sion before returning to his home in
Beatrice. The first business tran
sacted was to receive the verdict of
the Jury in the case of Lau vs. Hall
which occupied , several days In its
trial. The case was one for dam
ages, the plaintiff seeking $10,300
damages for injuries inflicted by the
stallion of the defendant. Some of
the testimony which was heard was
highly colored and the rase as a
whole attracted wide attention In the
west end of the county where all
the parties were well known. The
case went to the jury yesterday at
noon and it was not decided until
this morning when the Jurors agreed
and were called Into court at 8:45
a. m. Their verdict was for $500
damages. The case was brought by
Hon. George W. Berge of Lincoln as
counsel who was assisted by Hon.
Matthew Gering of this city. Hon.
Byron Clark appeared for Mr. Hall,
the defendant. The case will pro
bably be appealed." " " '
In the rase of Clark vs. Fleish
man, which was also heard during
the fore part of the week by Judge
Pembertson, the following entry was
made: The parties agreed that In
the case the court should find for
the plaintiff on the first cause of
action, that the court should assess
the damages under the second cause
of action without a Jury but defen
dant does not waive any right to
trial by Jury under the first cause of
In the case of the First National
Bank 'of Plattsmouth vs. Matt & Son,
the petition in error was sustained
and the ruase was retained In dis
trict court for trial.
The case by the City of Platts
mouth against Earl C. Weseott et al
upon his bond Insuring electric
lights for the city, was continued,
counsel not being ready for trial at
this term.
For the same reason the case of
Carrol vs. Jeary was also continued
Former Mayor Henry R. Gering
won a complete and sweeping vie
tory In the suit against him by the
Smlth-Townsend-McCord Dry Goods
Company. This case was brought up
on an alleged guarantee given the
In the Merry Month of Juno.
From Friday's Daily.
Police Judge Archer today com
plied his regular monthly report for
the month of June. The report
shows that there weer nine arrests
altogether, of which six were for hav
ing battled too strongly with John
Barleycorn and three were for dis
turbing the peace by wanting to bat
tle with their neighbors and friends.
The three latter succeeded in pla
cating Jestlre and were allowed to
hie them merrily upon their way,
while those who fought the good
fight and lost were mulcted In va
rious and several sums and some cast
Into the noisome cells of the rlty goal.
Two culprits had the wherewithal to
with which to conciliate Jestlce and
tnrlched the city treasurer to the
tune of $6.81. Two others not so
fortunate reposed In one of Jailer
Manspenker's choice suites. One who
had friends left in the wide world
succeeded In iv-curlng the shekels de
manded by outraged jestlce and the
sum of right slmoleons will later be
paid the treasury. One who threw
lilins' lf upon the court's tender mer
cies, escaped wllli n reprimand and
ndvhe to get hi m hence without de
lay c.r default, a prMlego which he
sp(lil.v embraced and Is now rejoic
company by Mr. Gering guarantee
ing the credit of Henry Herold to a
limited amount when he was In the
dry goods business in this city. The
parties to the case waived trial by
jury and tried the case to Judge
Pemberton. The findings of the
court were genially for the de
fendant and he specially found that
the plaintiff did not send a state
ment of Henry Herold's account to
the defendant on the first and fif
teenth of every month during the
existence of the guaranty and did
not send the defendant any such
statement at any time after the
fifteenth day of November, 1904.
To this finding the plaintiff ex
cepted. A motion for a new trial
was filed by the plaintiff and prompt
ly overruled, to which the plaintiff
excepted. The usual forty days was
given the plaintiff in which to pre
pare and file a bill of exceptions. A
Judgment was entered for the de
fendant on the findings.
The Herold-Coates damage suit
wa8 among those continued to next
In the case of Haffke vs. Keeliker
et al, a suit to quiet title,' Judge
Travis heard the case and on the
issues found in favor of the plain
tiff giving him a decree as prayed
The casee of Cherry vs. Cherry,
a divorce action was dismissed nt
the plaintiff's costs.
Another divorce suit that of
.Tavorske vs. .Tavorske was also dis
missed in like manner at the costs
of plaintiff.
The. old litigation between Sarah
Aiauida Peterson and John Bauer
et al, came up again, a decree be
ing entered In favor of the nlaln
tiff on the motion of her attorney
This decre was entered subject to the
right reserved to John A. Bauer as
administrator and on behalf of his
minor children to file an amended
answer by July 16, 1909, setting up
advances made by John Bauer in his
lifetime to Sarah Matilda Peterson
inis DUBinesa transacted, Judge
Travis dismissed the Jury for this
term, permitting the members to re
turn to their homes. He will hold
court again on July 17, when he will
nenr arguments on the motion of
John C. Clarence for a new trial
After that he expects to take a vnca
uon ior sometime, probably until
about September 1, when he will
again convene court for" such mat
ters as may arise In the meantime,
Judge Travis expects to spend sev
erai weeks during August In the
mountains for his health, which has
not been of the best. He contem
plates making a trip to Sheridan,
Wyo., and Dome Lake, where he. will
be away from business and have a
chance to absorb some pure ozon.
ing In Iowa, a land whence the hum
ming birds sing all the day and the
Anheuser Busrh does not flourish.
All In all, It was a great month for
the skates and they fared exceedingly
I'p In Arms.
The Republicans of Cass county
are up in arms on account of the ar
bitrary manner In which a few lead
ers have undertaken to manage the
political affairs of thnt county. A
few days ago several self-appointed
persons met nt Weeping Water and
selected those whom they thought
would be acceptable candidates
so fur as the mnnngers were con
cerned, but the voters do not en
dorse their action, and the result
Is that a large sized revolt Is threat
ened. Under the laws of this state
and the education of the people the
time of ring rule him passed. The
people demand a right to express a
preference ns to who shall represent
them and that privilege KV(,n
them under the laws of the Ktnte.
The new election laws are rale
lated to do away with ring rule. No.
Iranka CIl s News.
Smoke the "Giit lle,l," t Is always
They're Cutting Woods,
rom Saturday's Pally.
Mayor Sattler's weed day procla
mation has already been bearing
good fruit. Although th day set
apart Is tomorrow when each and
every good husbandman is expected
to mow the weeds In the streets
and upon the premises, many are
getting into the band wagon early
and securing choice seats. Weeds
are disappearing on every hand and
when the committee goes out Sun
day to make the Inspection, they
will find many streets cleaned up
and In fine shape. The members of
the Episcopal church are desirous of
having mention made of the work
done for them by W. D. Jones who
yesterday kindly assisted them in
preparing for the big day by cutting
all the weeds in and around the
church and rectory premises. This
Is something which Mr. Jonos has
done for years and is especially wel
come this year when the movement
for rutting all the weeds from the j
streets is under way. They special-1
ly requested The Journal to extend
their thanks to him for his assist
Many other reportB reach The
Journal of different localities Joining
in the crusade and wiping the weeds
out of existence. Judge Travis de
fies the weed Inspecting committee
to invade his section of the rlty and
find many weeds. Both he and his
neighbors have been putting In hard
licks in cleaning up and he believes
their section will come to the front
1i . :nnlfg recrrl There are
several others who have equally en
couraging reports to give and there
Is going to be a surprising amount
of good work done. Mayo battler
tays he has been pleasantly surprised
at the spirit shown by the Platts
mouth citizens In cleaning up and
getting their streets In shape and this
Is going to accomplish a work which
In necessary and which the cp.y fan
ery 111 afford to pay for.
The committee will be out bright
and early Sunday morning ati1 every
section of the city will be vteiled
Those who have the riattsmoutli
spirit and put In tomorrow in clean
ing up their premises and the ad
jacent streets will note that their en
terprise is duly credited while those
who let the trash and weeds accumu
late will find the committo not a
bit backward in scoring them for
their lack of public spirit and en
terprise. The thing to do Is to do
your share and see that every weed
In and about your premises Is ex
terminated and when this Is done you
will have accomplished a great pub
lic duty. It helps your premises, It
helps you and It will benefit your
city. Give the matter your attention
and help make Plattsmouth a clean,
pretty rlty.
Death of Mrs. Rucnstle.
Mrs. Lizzie (Folden( Rucastle
died on Wednesday at her home In
Whitewood, S. D. The sad news
rame by telegram to her sister, Mrs.
George N. LaRue of this village, and
stated that the funeral will be held
Saturday at Lead, S. D. Mrs. LaRue
departed for there at 10:30 yester
day, being Joined by another sister,
Mrs. M. J. Drum, at Weeping Water.
We did not learn further particulars
as to her Illness and death.
Deceased, whose maiden name was
Lizzie Folden, was a daughter of Mr.
and Mrs. James Folden, pioneer resi
dents of this vicinity, who died a
number of years ago. She grew from
childhood in this county, and was
a schoolmate of the writer from
1876 to 1878 In the schools at Rock
Bluffs, where the family resided sev
eral years. Her first marriage was
to William T. Fisher, and they lo
rnted In South Dakota, where Mr.
Fisher died several years ago. Some
time later she was married to John
Rucastle, who survives her. Sh.
loaves six sisters and two brothers,
as follows: Mrs. G. N. LaRue of
Union, Mrs. M. J. Drum of Weep.
Ing Water, Mrs. Isaac Snood of Ne
braska City, Mrs. Andrew Lynn of
Ohlowa, Mrs. Joseph Lynn of liart
Ington, Mrs. Marsh Smith of Mills
county, la.; William Folden of Lead,
S. I)., and Edward Folden of Adams,
Noh. Union Lodger.
W. (. Conk and James Wynn who
have hern on the road for several
works with Mr. Cook's shooting gal
lery returned to the rlty last even
ing. They made their principal stop
at Centrnl City. Neb., where they
found business to be good and re
turned better off financially and phy
slcnlly for their journey.
Rev. Salisbury Will Resign.
Plattsmouth people will learn with
great regret that Rev. J. H. Salsbury
of this city will tender hla resigna
tion as pastor of the Presbyterian
church upon his return from St.
Paul, Minn., where he is In attend
ance upon the annual convention of
the Society of Christian Endeavor.
Rev. Salsbury has been In receipt of
several flattering calls from churches
throughout tho state, but had been
averse to leaving his congregation In
this city. The call which he has ac
cepted Is from Auburn, and Is such
a one that he felt Impelled to make
the change. The regret which the
people of this city feel at his depart
ure will bo mitigated by tho knowl
edge that his excellent abilities ar
receiving the recognition they de
serve. Rev. Salsbury, during the
time he has been in charge of the
church here, has made it one of the
foremost in the state. Succeeding a
very able and popular pastor, Rev.
J. T. Baird, he has been able to main
tain the high standard which that
worthy minister had created in the
pulpit and, aided by his youth and
excellent education, he had earned
for himself a name throughout this
section to no minister. Rev. Sals
bury is a man of much learning and
a wide Biblical range. In addition
he Is also a speaker of much force
and eloquence. These qualities,
coupled with a tenacious ability In re
search and study, have combined to
raise him among the ablest of Ne
braska divines.
He Is at present the Btate presl
dent of the Society of Christian En
deavor and as such he has had
charge of the annual excursion of
the society to St. Paul, Minn., mak
ing It the most successful In the his
tory of the organization. He has
also been a tireless worker In this
field during his period as president,
and has lost no opportunity to ad
vance and build up the membership
In this state.
He goes to Auburn thoroughly well
equipped in every respect and there
caBvheno doubt but the good people
of that city will learn to respect his
abilities and love his personality as
much as the people of this city have
Action toward securing a successor
to him will, of course, be delayed un
til after his return and the formal
presentation of his resignation. A
number of excellent ministers are
available for this congregation and
the selection finally made will doubt
loss be a fitting one.
Elks to IjON Angeles.
The Omaha Elks left for tho con
vention at Los Angeles In a Pullman
car attached to Union Pacific train
No. 7 nt 1 p. m. The delegates of
the local lodge are unlnstructed, but
probably will line up -with the Iowa
delegate and vote for J. U. Sammls
In tin? Omaha party that started
for Los Angeles were T. R. Clifford
of Plattsmouth, George llohen, John
Pickens, exalted ruler of the Hast
Ings lodge; W. T. Canada, Robert M
Payton, F. G. Ellis and wife, Mrs
misnmtui and daughter, Miss Ena
Jorgenson, Miss Elizabeth Kruger
Miss Bertha Kruger, H. B. Mills and
wife, Mrs. A. L. Powell and daugh
tor, mr. iiaiiiston and wife, Mr,
Harvey and wife and Guy Liggett
At Salt Lake City Mrs. Harry B
Davis and daughter and Mrs. H. I
Plumb will join tho party.
Miss Ena Jorgenson, who Is mak
Ing the trip, won tho first prize at
the Elks' fair and the expenses of
her trip are being paid by the locnl
Indianapolis Elks to the nnmber
of 200 on route to the Los Angelo
ronvontlon rearhod Omnhn on a be
lated train over tho Milwaukee at 1
p. m. Thursday, and after a stay of
twenty minutes continued their Jour
ney west over the Rock Island. Om
aha Bee.
.lvertUel Letter List.
i ne ronowing letters remain In
the Plattsmouth postofflce up to the
present time unrnllod for. And un
less railed for In a reasonable length
of time, same will be forwarded to
the Deail Letter Office: Mrs. Solomn
Elck. Miss Mae Lewis, Mrs. Gran
Owens (2), Mrs. T. R. Raney, Mis
Grace Selby (2). II. E. Boyle. Louis
Dickenson, c rover Elldge, R.
Eberts, Wm. 11. lining, Edward King,
f I'- McCarthy, O. R. M Dade, n
M. Stanley, m. f. Smith,. Chester
Anton K a nk a Is spending today In
Omaha, being a passenger for that
city on the early train.'
Plattsmouth to
Solid Pleasure and Amuse
ment to All Who Come
Plattsmouth Is going to have a
genuine, rip-roaring, old fashioned
carnival In tho very near future.
The Com luereiiil Club which is back
of the movement proposes to have
a merchants' carnival which will be
a hummer and no mistake. They
propose to have crowds in this town
for a whole week and to show peo
ple from all over this part of the
country that Plattsmouth Is a bit
tho llvest place on the map. A com
mittee consisting of five live ones has
been appointed to take entire con
trol of the affair and make it a
three time winner and their names
are Henry A. Schneider, chairman;
John Nemetz, C. W. Baylor, Frank
Schlater and John W. Crabill. If
this committee can't devise a carni
val which will suit the most ex
acting, It can't be devised.
The date for this greatest show
In Plattsmouth's history, has not
yet been fully determined. The ma
jority of the committee inclines to
ward the last week in August. A
proposal to hold It the third week in
the month was vetoed because It was
not desired to Interfere with the M.
W. A. log-rolling at Union. Others
think the first week In August will
bo the time. It Is thought It may
start on August 31 and close Sep
tember 4. Some propose to start
September 1 and close on September
6 as the latter date Is labor day and
the shops will be closed down. The
committee has not definitely decid
ed yet as to tho date.
One of the things which the com
mittee hopes to accomplish' Is to se
cure tho closing down of the shops
on one clay during tho carnival,' thls!K,t on,y the ,,('sL Tlu'y thlnk Bome
day to be designated as Burlington
Day. On this day it Is hoped to
have a monster parade and to In
duce the Burlington to permit their
several shops to take part In it with
appropriate displays This would be
a grand drawing card and taken In
connection with Labor Day would
prove a great attraction for a big
Another day v.i! be designated as
Musical Day and this day will be
given over to music of all kinds,
band, vocal and Instrumental of var
ious sorts. This clay will be under
the direction of a good musician
and one who can train a lafge
chorus. It Is proposed to select? all
the musical talent In the city which
can be gotten together land havej
them give a grand concert at the
grounds which will be selected for
the purpose. Thnt this ought to be
one of the big days of the carnival
goes without saying. Some much
talented musician ns Prof. H. S. Aus
tin, wno nas nan so mum experience
In this kind of work should be
chosen to direct the day throughout.
The local bands ran furnish music
of that kind fully up to the standard
of any In the state. The City band
which Is an old and well trained
organization, the Woodmen baud
which had so suddenly leaped into
prominence ns a fine collection of
young musicians and the Young
Men's band which Is also furnishing
excellent music for the time In which
it has been practicing will make
the streets resplondant with melody
and the day something worth while.
Yet one more day will be for the
Old Settlers, and on this date the
pioneers who are becoming so few,
will be given the opportunity to get
together and celebrate In their good
old-fanhloned way. Reminiscences
and early history will be made an
especial feature and this ought to
attrnet a monster crowd of the old
timers nnd their descendants. This
day should be productive of a valu
able addition to the early history
of Nebraska and Cass county.
On ono of the days the farmers
and stock raisers of the county nnd
especially of the territory contiguous
to Plattsmouth, hill ;bo nuked to
bring In their live stock and a stock
show will be held. This Is some
thing which can easily be made one
of the leaders of the carnival for
It will be no trouble to find many
mighty fine Hiilnials In this section.
The fields and pastures surrounding
the rlty abound with fine, blooded
animals and an exhibit of JiiRt what
Furnish Week's
our people ran do in the stock rais
ing line will be well worth seeing.
In addition to affording a place to
show the stock no doubt many sales
of animals will take place. This day
should bo a permanent feature of tho
city and every year the stock raisers
should be iuvited to bring In their
animals and compete for prizes. Cass
county has many very fine blooded
animals In Its borders and takes u
back seat for none, so this day
should be a great big success.
It Is figured that one day will be
given to sports and on this day
feats cf horsemanship, athletics,
turning and kindred sports will af
ford enjoyment for everyone. Tho
Turners of this city, the Bohemian
Turners and other athletic organiza
tions will be asked to compete for
prizes and to give exhibitions and It,
will well repay seeing. A Marathon
race is among the probabilities-and
the lovers of foot rndng will bo In
their element.
The last night It Is figured will
be a masked carnival on the plan of
the MardI Gras of New Orleans, The
Priests of Pallas of Kansas City and
slmlllar gatherings. The scale will
not be quite so large but yqu will
have a good time and no one will
know who you are until masks are
taken off. This night will be for
fun pure and simple and you will be
This is some rough outlines of
what will take place but It Is not all
by any manner of means. The com
mittee does nit figure on getijng a
carnival company but on getting
seperate shows and seeing thnt they
of having booths erected by the
different merchants where wares
may be exhibited but this has not
fully derided on.
One feature sure to bo seen is a
balloon nsenslon every day with a
thrilling and daring parachute leap.
A baseball game Is also to be had
every day and a baseball tourna
ment Is possible. The best teams In
this section will play and good
games are assured. Wrestling
mntches such as was held last
Fourth of July will delight and thrill
the crowd and crack amateurs will
be seen locked together In herculean
effort to throw one another. Boxing
matches In which skill will bo match
ed against skill, will be a feature
nnd sparring matches for points will
keep everyone on the quivlve. Ex
citement Is sure to bo present. The
bands will discourse sweet strains
of music every day and thnt will all
help n little. Then there will bo
automobile rnces every day and th
daring, reckless drivers will turn
their machines loose and flirt with
death In tremendous speed. Bicy
cle rnces will also be had and the
riders will speed away like a shot,
the best man winning. Motorcycle
rares In which the machines will
cleave the air with express train
speed, will take place and this be.
Ing something new here, they should
draw monster crowds. You laughed
yourself sick when a boy at the
greased pole and the efforts to climb
It. It will be here and the same old
fun, the kind that never grows stale
will bo here too. Then tho several
hose teams will be asked to clash
away on a rare hub and hub or
agnlnst time for prizes nnd a good
hose race Is worth the while.
monster searchlight will Illuminate
the scene at night nnd catch many
an unwary lad and his best girl
spooning in some dark corner. You
want to watch out or the senri blight
man will get you.
Now, when this Is all done and It
Inn't n starter for all that will bo
here, you ran see thnt Plattsmouth
will have some carnival. You want
to rome and bring your wife and
your sisters nnd your cousins and
your aunts and your relatives oven
unto tho seventh generation, for
everybody will havo n good time. Tho
date comes later.
George S. Ray of Murray spent
yesterday afternoon In the rlty with
our merchants, attending to bus! i is