Neb. State Historical Soo. be moutb Journal. . SEMI-WEEKLY EDITION- FOUR PAGES VOLUME XXIX PLATTSMOUTII, NEBRASKA. MO N DA V JAXUAKV 10. IJHO JStO :$ ptette SETTLEMENT AGREED UPON III IHE GERARD ESTATE CASE Son of Silas V. Gerard by His First Marriage is Given Share of the Estate By the Other Beneficiaries Undei the Will. The final act In the litigation In the matter of the estate of Silas V. Ger ard, has apparently been played, aa a hearing In county court was held this morning and the purported will of the deceased was allowed and the widow appointed as executrix of the will. The special administrator of the estate, Troy Davis of Omaha, waa present at the hearing as well as the second wife of the deceased, and her daughter Miss Rossie Gerard. Their counsel, Clarence Tefft of Weeping Water, and A. L. Tldd of this city, were also present. . It will be recalled that some time back when the purported will was of fered for probato, objections were made to allowing it by the first will and a son by her, the objections alleg ing undue influence on the part of the second wife and daughter, and also that the will was drawn by the latter who also was a witness to the signature of her father. The Investi gations made into the case by counsel for the first wife and the son disclosed that an Illegal divorce had been grant ed to the wife In Omaha some years back, the court Issuing the decree being without jurisdiction In the premises. This discovery , was made by Messrs. Byron Clark of this city and S. O. Saulsbury of Lincoln, at torneys for the first wife and son. As the first wife had been married since the gra'ntlng of the void decree, It JOHN G. RODDY One of the Best Known and Most Prosperous Farmers in Otoe County. John Cormac Roddy, one of the best known, wealthiest and most pop ular farmers living in the eastern por tion of Otoe county, died' last night at his home in Wyoming precinct, a short distance north of this city. His demise was not unexpected as he had been suffering for some time from heart trouble and several times he had been reported as dead. He was one of the few who have had the pleasure of reading their own obitu ary notices. Mr. Roddy was bcrn In the county of Westfeath, Ireland, in February, 1831, where he lived until he was 20 years of age. On leaving Ireland he went to London, Canada, where he lived until 1856, when ho moved to Wisconsin, remalnlngthereuntll 1862, when he came to Otoe county, locat ing a short distance north of this city. August 15, 1866, he was mar ried In this city to Miss Rose O'Don nell. To them were born nine child ren, of whom six are now living Mrs. Thomas Haefey of this city, James Roddy of Union, Mrs. Elma ' Witherow of Thursman, John B. Rod dy of Union, Mrs. Will J. Shanahan of South Omaha and Mlcheal Roddy, who is at home. He was a brother of Hon. Patrick Roddy. Mr. Roddy for several years fol lowed the river, being on the steam er "West Wind," from 1862 to 1864, which In the fall of 1864, transported troops to Jefferson City, Mo., and was ompelled to fight confederates at var ious places. October 16, 1864, the boat was destroyed by the troops of the rebel generals, Shelby and Clark. The prisoners, however, were not con fined, and later were abandoned by their captors, who were attacked and dispersed by union troops. Financially, Mr. Roddy has been very successful, and he owns many acres of land in this and adjoining counties. He was a loyal member of the Catholic church, and when there was a request for a contribution he always responded liberally. The funeral will be held Saturday morning at 10:30 o'clock at St. Mary's Catholic church, and the In terment will be at the Catholic ceme tery north of the city. Nebraska City News. Will Schneider of Cedar Creek Is among those In the city today look ing after business matters. PASSES was thought best to have another ceremony performed after the death of Gerard to validate in so far as pos sible the previous marriage. This was done at Lincoln. After the dis covery of the void divorce, steps were instituted by counsel for all the part ies to settle the projected litigation and the special administrator, Troy Davis, a few days ago succeeded In making an agreement with Mr. Clark, counsel for the first wife and Bon, by which the objections to the allowance of the will were withdrawn and a handsome amount paid to the son. The first wife did not desire any money for herself but she did want the son, who had been cut off with one dollar in the will, allowed a sub stantial amount and this was done. While there Is nothing on fllo to Indi cate the amount paid him, it is re ported that several thousand dollars was paid over by the rainder of the beneficiaries under the will. The fortunate outcome of the threatened litigation reflects much credit upon all parties concerned as well as their counsel, all steps pos sible being taken to avoid any waste ful and extravfigant litigation. Messrs Saulsbury and Clark who have here tofore represented the son by the first marriage, have now withdrawn all ob jectlons to the administration of the estate and the same will now takes its regular course. Surprise M. W. A. Band. Last evening occurred the regular weekly practice of the M. W. A. band at their room on west Main street at the usual hour. At the same time a large number of young ladies met at the post office and at an appointed hour wended their way out west Main street to the building where the boys were practicing. Bombarding the building, they then requested admit tance. At first the boys hesitated somewhat butflnallyconcluded the-in- vaders would do them no harm and permitted them to enter. To say the boys were surprised would be putting it mild for they were completely surprised as their suspicions had not been aroused in the least. The boys soon recovered and pro ceeded to entertain the invaders and soon made them feel at home. They then gave one of their fine concerts, which was highly appreciated as well as thoroughly enjoyed by the invad era. The invaders had come well armed with baskets containing many good things to .eat and at an appropriate hour, an elegant luncheon was pro vided and to which all did ample jus tice. A few hours more of marrkmaklng, frolic and the like and the invaders withdrew their forces, reporting the boys royal entertainers. In District Court. A case has been filed In the office of Clerk of the Court James Robert son this morning entitled Vesta Clark vs. the Bankers Accident company of Des Moines, la. The case is brought on a policy of accident insurance Is sued October 28, 1909, to Charles G. Clark, then a resident of Falrbury, Neb. The policy was paid for on that date but has never been delivered ac cording to the petition. On the suc ceeding day Mr. Clark who was the Insured, fell from a teTephone pole In Falrbury and sustained fatal Injuries. ThoN policy was to have been made payable to Vesta Clark, his wife, and Is In the sum of $1,500. The plaintiff alleges that payment on the policy has been refused and the company also refuses to deliver the same to her. Judgment In the sura of $1,500 Is asked for as well as Interest. Mat thew Goring appears as counsel for the plaintiff. Foot Injured. Albert Reinbackel this morning sustained a severe injury to his foot by reason of a Jack being overturned upon it. He was unable to continue at his work at the shops and was compelled to go home where he will be confinod to the house for eight or ten days. The foot was painfully bruised but no bones were broken which Is quite fortunate. DEATH CLAIMS W Mrs. Caroline Finney, For a Half Century a Resident of Cass County Passes Away. Died Finney. Mrs. Caroline, at her nome in Fiattsmouth, Nebraska, on Friday, January 7, 1910, aged 79 years. Funeral on Sunday, Jan uary 9, 1910, from the Methodist church, at 2:30 p. m., leaving the home on Lincoln avenue at 2 o'clock p. m. Interment at Oak Hill cemetery. After an illness lasting but a few days, Mrs. Caroline Finney for more than half a century a resident of this vicinity, sank Into rest this morning at nine o'clock. Death ensued at the home of the aged lady on Lincoln avenue. Having been a resident of this vicinity for bo many years "Grandma" Finney as she was so well know, had a great many friends who will hear of her passing away with the most sincere regret. In her life time she was a most lovable woman and one who had left a distinct Im pression upon all who met her. The deceased was born in Hull, England, somewhere In the neighbor hood of eighty years ago, the exact date not being obtainable. She was united In marriage in that country to a Mr. Turner who preceded her to the Better World shortly after they had emigrated to this country. When Mr. and Mrs. Turner came to America they settled first near Glenwood, la., where they lived for several years, later moving to old St. Mary's above the mouth of the Platte river. Here they lived for some time, the old town finally going into the' Missouri river and no trace of it being left. After the death of her first hus band, Mrs. Turner became housekeep er for Peter A. Sarpy, the Nebraska pioneer and one of the frontier char acters of early days. There are a number of older residents here who remember the. deceased when she was Mr. Sarpy's housekeeper. Later Mrs. Turner .entered Into matrimony for the second time, her husband being Capt. Finney, a well known pioneer riverman, who al so passed away a number of years ago. This marriage took place at Council Blues, la. Of the first mar riage with Mr. Turner two children were born, they being Philip Turner, a son, who has since died, and Mrs. Sherwood, a daughter now living in the state of Washington. The secona marriage with Capt. Finney resulted In three children be ing born, they being Frank Finney, a son, who has also passed to his final reward, Mrs. Turner, a daughter living In Omaha and Mrs. Charles M. Foster of this city. Of late years Mrs. Finney made her home with her daughter, Mrs. Foster for some time until the latter moved from the house they were oc cupying and Albert Stokes and fam ily moving In with whom she con tinued to reside. The funeral of this well known and estimable lady will take place on ext Sunday, January 9, 1910, at 2:30 p. m., from the Methodist church, the services being conducted by Rev. W. L. Austin. The remains will leave the home on Llnroln avenue at 2 o'rlock p. m., and interment will take place In Oak Hill cemetery. Elect Officers. The annual meeting of the stock holders of the Plattsmouth State bank was held last evening when the fol lowing officers were chosen for the ensuing year, to-wlt: President W. H. Newell. Vive President J. P. Falter. Cashier J. M. Roberts. Directors W. II. Newell, J: H. Becker, John Albert, J. P. Falter, S. It. Atwood, L. B. Egenberger, F Q. Frlcke, J. M. Roberts. In addition to electing the officers, the directors also declared the usual dividend and transacted other mat ters of importance. IIan(lmuiely Entertained. The social workers of the Metho dist church were delightfully enter tained fyesterday afternoon by Miss May Rlchey at her beautiful home on Chicago avenue. There was quite a large attendance and all present re ported a fine meeting. In addition to the usual features of the meet ing of thla society, Miss Rlchey had prepared and served some very fine refreshments and the entire afternoon was such as will be long remembered by all. Unintentional Mistake. In Wednesday's Journal appeared an article referring to the case of the State eX rtl Nlltlpr VS Pnttnmnn 1 wherein an inadvertent injury was done A. N. Sullivan, counsel for Mr. Butler. Mr. Sullivan states that he had full authority from Mr. Butler to conduct the suit for him and holds writing to that effect. This state ment Is made as publicly as the origi nal statement and is unquestionably iruo. The injustice was quite unin tentional. OF Who Passed Away This Morning at Her Home in This City. Died Clifford, Mrs. Stphen, at her home in Plattstnouth, Nebraska, on Friday. January 7, 1910, of hip fracture, aged 80 years. Funeral on Monday, January 10, 1910, at 9 o'clock a. m. from St. John's Catholic church, Itev. Father M. S. Shine officiating. Interment in the Catholic cemetery. After several weeks of suffering from a fractured hip sustained In a fall, death at an early hour this morning ended the sufferings of Mrs. Stephen Clifford, one of the long time residents of this city, and a lady most highly respected and admired by all who knew her. Mrs. Clifford was the relict of the late Stephen Clifford, one of the city's best men in his lifetime, and former police Judge. The lady leaves surviving her three sons and one daughter, who have the deepest sympathy of many sorrowing friends. Deceased was born in County Ker ry. Ireland, eighty years ago, and it was there that she met and wed Stephen Clifford. Later they emigrat ed to America, settling in this city a number of years ago and residing here continuously until death called them both to their final rest. Of the unloU with Mr. Clifford, five children were born, of whom four survive, a daughter, Mrs. John Fitzpatrlck, hav ing died a number of years ago. Those surviving include three sons, Thomas now living in California, and Owen and Thaddeus S., of this city and one aughter, Miss Jo. Clifford of this city. The funeral of this most excellent lady will take place next Monday, January 10, 1910, at 9 o'clock a. m., from St. John's Catholic church, of which deceased was a most devout communicant. The services will be conducted by Rev. Father Shine, and interment will take place at the Catholic cemetery Just west of the city. Funeral of C. J. Cutler. The following brief Bketch of the life of the late Charles J. Cutler, many years ago a well know citizen of this count, is taken from the Har rison county (la.) News a copy of which has been handed the Journal by William Gllmour, a brother-in-law of the deceased. Mr. Cutler In his lifetime was well known among the pioneers of this locality, all of whom heard of his passing with the deepest regret: "Charles J. Cutler died at the fam ily home in Modale, la., January 3, 1910, aged 67 years. "Deceased was born In Crawford county, Penn., April 10, 1842. He came west to Rock Bluffs, Neb., in the spring 1857. He later engaged In freighting across the plains between Omaha and Denver with ox teams. In 1862 he volunteered for Bervlce In the civil war in Company H of the 2nd Nebraska cavalry and In the south saw valiant service. In the fall of 1863, he married Miss Susan C. Towner of Rock Bluffs, Nob. To this union six children were born, two dying In Infancy. In March 1866, the family located In Council Bluffs and in the fall moved up to Modale, which has since been their home. For forty four years deceased was one of the prominent men of the county as mer chant, mayor, express agent, post master, G. A. R. commander, Mason and Odd Fellow. Ho was a man of quiet tastes, home-loving disposition and strong in his personal friend ships, lie will be sincerely mourned by all who ever knew him. The fun eral services were hold from the home In Modale this morning and in terment In Calhoun this afternoon." J. W. Edmunds and wife drove up from Murray this morning to look after some business matters. Mr. Ed munds says the route he traversed the sleighing was as fine as be ever saw In this country. STEPHEN CLIFFORD DEATH OE All D Mrs. Mary Shepherd Died at the Advanced Age of Ninety Years at Nehawka. At the very ripe old age of 90 years, 8 months and 6 days, Mrs. Mary Shepherd, better known to peo ple of the community as "Grandma Shepherd," passed peacefully away Sunday, January 2, 1910, at the home or her daughter, Mrs. Charles Snydor, after an Illness of seven weeks. Grandma Shepherd was in usual health until a few weeks ago when a bruise terminated in a severe case of blood poisoning which caused her death. The funeral was held Tuesday at 2 p. m., at the U. B. church, Rev. C. A. Burdick officiating. She was laid to rest in the Mt. Tleasant cemetery. On account of weather conditions and drifts of snow it was found that ; the road to the cemetery was next to i impossible. The fences were taken i down and the teams finally made I their way to within a short distance I of the cemetery but could go no farth er. The casket was carried over the fences to the grave. Mary Green Shepherd was born April 26, 1819, in York State, San Lake Mountains. She was married In 1847 to Mr. Amos Shepherd at Mill Grove N. Y., but returned to Penn sylvania with her husband to live. To this union were born two child ren; Mary andvMahala, the former of which died at the age of 12 years. j In 1871, the family came to Nebras ka and settled at Elmwood, where jthey lived for many years. J In 1877, Mr. Shepherd died at the ncn of 88 veam. Rlvtfipn vprn Infer ( . .vw. Mrs. Shepherd moved to Nehawka, where she has Blnce resided. For about eight year Mrs. Shep herd made her home with her grand Bon, Charles Burton, and for the past j eight years Bhe has lived with her Elect Officers. The Christian Endeavors of the Presbyterian church met with Miss Ruth Chapman last evening. At a short business session the following officers were elected: Miss Carrie Grenwald, president; Miss Car rie Balrd, vice president; Miss Ruth Chapman, secretary; Miss Mattlo Lar on, treasurer, and MIhs Estelle Balrd, pianist. There being no further business to be transacted, the endeavorers agreed to adjourn their business ses sion and spend the remaining hour or two In a social way. Paper and pencils was then distri buted and each requested to draw a map of Borne country and place there in a few of the principal rivers, mountains and cities. When the maps were completed, they were collected and placed on a table. Paper and pencils were again distributed and each endeavorer requested to guess the countries the mapB represented and the one guessing the most to receive a prize. Miss Alice Johnston succeeded in guessing the most cor rectly, and carried off the coveted "prize." A story was then read and the endeavorers requested to fill in blanks with names of states In their ab breviated form. Light refreshments were then serv ed and at the usual hour and after thanking Miss Ruth for her kind hospitality, the young people dis persed, Indebted to the hostess for the delightful evening Bpent. Not Doing Very Well. Homer Shrader and . Mrs. Jennlo Rhoden from near Murray, were In tho city this morning, being on their way to Omaha where they will make a visit with Mrs. Shrader at the Clarkson hospital. Mrs. Shrader was taken to the hospital several weeks ago suffering severely from an affec tion of the eye. It was thought that she was getting along In good shape but unexpected complications have set in and Bhe is not doing as well as hoped for. It Is possible that a delicate operation may be necessary for her relief, although her many friends throughout this section trust this may not be nocesBary. J. M. Molslnger, one of the best of Cass county cltizenB, Is In the city today looking after business matters, having come down from his home In Eight Mllo Grove precinct. Will IhsUU Telephones. The state railroad commission yes terday issued an order against the Mlsourl Pacific railroad company to Install a telephone of the Fiatts mouth Telephone company In its ol fices at Murray and Nehawka, before January 21 or by January 25 show cause why this has not been done. This assures the patrons of those of fices good service and will accord pome means of learning how the trains on that line are running. ST. LUKE'S At the Home of Mrs. James H. Donnelly During Their Reg ular Practice Night. The members of St. Luke's choir last evening 'were most pleasantly surprised when they attended the us ual regular choir practice at Mrs. James H. Donnelly's. Instead of hav ing merely practice the members of the choir found when they had as sembled that they were really to ho entertained by Mrs. Donnelly and Mrs. Anna Britt. The gathering was much more largely In the nature ot a social entertainment than practice and It was a very delightful affair. Immediately following the short routine business of the gathering, tbo choir resolved itself Into an lnfprmal discussion of their individual views on how to keep up Interest in the choir and how to stir the members into at tending practice and the regular ser vices at the church. The discussion resulted In many excellent Ideas be ing expressed and also In largely pro moting good feeling among them selves. Each individual ot the choir expressed his or her views on the subject and all united In expressing their belief In the necessity for keep ing constantly. at work. This choir Is a volunteerer one and Is one of the best in this section. Under the leadership of Prof. Austin, it hus made amazing progress and the mem bers are realizing that they are get ting something very valuable in his training. In addition to tho discussion there was a pleasant evening of music, both Instrumental and vocal and a number of very excellent numbers were rend- red. For the occasion Mesdames Don nelly and Britt had prepared some splendid refreshments and this serv ed to cause a number of the members to insist that they hold these meet ings regular and have their charming hostesses manage the affair exclusive ly. A vote of the members dis closed an unanimous deslro to have this happen and the hostesses were given a vote of thanks and appre ciation for their surprise to the mem bers present. At the County Judge's Office. In the county court this morning a hearing Is being had before Judge Beeson on a contested claim of Wal ter Thacker'B against the estate of D. A. Thacker deceased. The hearing will take up the major part of the day. D. O. Dwyer appears as counsel for the estate while J. E. Douglass represents Thacker. A marriage license was issued yes terday by the county Judge to Frank II. Brust of Otoe county and Miss Irene Thomas of Weeping Water. The ages of the parties are given as 19 and 18 respectively, the father of lbe groom filing his consent to the union In writing. MIsb Gertrude Beoson is engaged In compiling a report f tho business done In the county Judge's office dur ing the two years in which Judge Bfce son has occupied the position. It fri quite a task and keeps the young lady quite busy. A ptltlon was filed In county court this morning by D. K. Barr, the Oman attorney, asking for the probate 6f the will of the late Johanna G. Coke man, of Greenwood. Mr. Barr was In the city accompanied by Harvey D. Coleman, the petttloner and Nlles D. Coleman, both of Grcenwod. The pe tition sets forth that the deceased left property valued at $7,110 and person al property worth $30 with the fol lowing hcirB, towit: Harry E. Co man, aged 42 of Greet wood; Helen K. Lemon, aged 40 of Greenwood; Haf vey D. Coleman, aged 38 of Green wood; Mary Warren, aged 86 6t Coquelln, Ore.; Ebendzer Coleman need 33 of Jenntnen. Knn nn1 VI Um Ell '-' - CJ I -', O. Coleman, of Greenwood.