The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, July 12, 1909, Image 1
Neb. s,;no umoj-Kiu ac. 5ourn SEMI-WEEKLY EDITION EIGHT PAGES VOLUME XXVI11 PLATTSMOUTH, NEBRASKA. MONDAY, JULY 12 1909 NO 50 ttsmtotttb DECISIONS IN THE, DISTRICT COURT 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 action. 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 term. 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 for. 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 v 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 well. 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 Rood. 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 ance. 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 lodge. 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 Vnshler. Anton K a nk a Is spending today In Omaha, being a passenger for that city on the early train.' MERCHANTS' CARN 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 crowd. 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 IVAL SURE GO 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 IT. 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 matters.