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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (May 5, 1910)
Neb. Stat Historical se. moutb outnal DC SEMI-WEEKLY EDITION EIGHT PAGES PLATTSMOUTI1, NEBRASKA. THURSDAY MAY 5, 1910 NO :u VOLUME XXIX 3 A HOI III III 1 OLD TOWII LAST SATURDAY G "A Free for All" Fight Barely Averted by the Cool Head of the Friends of the Belligerents at Special Session of Council A special meeting of the city coun-1 cil last Saturday night came near ending In a riot and the mutiliatlon or injury of some of the members of the council and others. The meeting was called by Mayor Sattler to con sider the remonstrance filed by J. M. Leyda, Mesdames Kerr, Carter, Hall et al, against greeting a drug gists permit to Gering & Co. The remonstrators were present In full force, there being some four ladies present from among the signers to cpthpr with T. M. Carter. T. W. Glenn and J. M. Leyda. The firm of Gering & Co., was represented by Matthew Gering as counsel while Henry R. Gering of the firm was also present. J. M. Leyda repre sented the remonstrators as coun sel. All of the members of the council were present when the mayor called for order except Councilmen Dovey and Will. The former was detained at his store by business while Coun cilman Will is absent from the city. The first business was the reading of the remonstrance which, as print ed heretofore in the Journal, charged that the applicant, Gering & Co., had failed to file with the city clerk on the first day of July, 1909 and the first of January, 1910, a report show ing the names of those purchasing liq uor of It during the six months prior to each date, as required by the statute and the city ordinance. On motion of Cuncilman Dwyer the' hearing of evidence was com menced, the attorney for th re monstrators calling W. B. Elster, the city clerk to the stand. He was sworn by Mayor Sattler after which Mr. Gering entered a formal objec tion to any testimony being taken on the ground that there was no law under which a remonstrance could be filed against a druggists permit, that the remonstrators were not act ing in good faith but were acting fraudulently, that only one signer of the remonstrance had ever investi gated and knew what the remon strance contained, that the remon strators were all non-residents of the First ward where the permit was asked for, and a large number of other grounds which would show the lack of good faith of the remon strators. Leyda argued for overruling the objection and sought to sustain his position by quoting the statute and the city ordinance and also contended it was not necessary for the remon strators to reside in the ward where the permit was asked. Mayor Sat tler overruled the objection. The testimony of Dr. Elster was then commenced, counsel for the several parties indulging in many bitter remarks and insinuations. His testimony in effect was that Gering & Co., had been granted a liquor permit in 1909, and that they had never filed a copy of the sales reg istered with his office as required by law. Leyda stated to the mayor and council that he had served a notice on Gering & Co., to produce their register by leaving a notice at their store. Mr. Gering declined to permit the register to go into Ley da's possession. Mr. Gering at this point proceeded to excoriate Leyda for having filed his remonstrance against only one druggist when it was claimed all the other applicants had failed to file the reports bIbo. Dr. Elster testified that several months since Leyda had examined the city records to ascertain If the reports had been filed and had ask ed if Gering & Co., had filed. Mr, Leyda asserted that even if anyone piBe nau vioiaiea me Jaw u was no excuse for another. Mr. Elster teS' tified that none of tho other signers of the remonstrance except Leyda had ever made inquiry about the re port. It was shown that the remon strators generally lived in other wards than the First. Mr. Gering's cross-examination of Dr. Elster was provocative of much rage on the part of Mr. Leyda. Ow ing to the personal nature of the questions which Mr. Gering asked Mr. Leyda was constantly objecting and created much laughter and amusement at times by the use of the word "Irrelative'' in place of irrelevant. Dr. Elster testified on cross-examination that so far as his records were concerned, Mr. Leyda had never received a permit to sell liquor nor had he ever reported to the clerk any sales of liquor by him in room 27 of the Hotel Riley or at his office in the Gund building. The period of time when it was insinu ated the sales might have occurred was some thirteen months ago and on Sunday. Leyda was intensely ex cited and cried "Frame up, frame up," repeatedly, accusing Gering of having made up a job against him. Gering replied he had framed up something Leyda would never forget before be got through with it. Along at this point T. W. Glenn injected himself into the proceedings and be came unruly and noisy in demon strating his feelings, so much so that tho mayor and council summarily sat down on him and threatened him with arrest and expulsion for disturbing the proceedings. As soon as this episode had quieted down in a measure, Leyda took the floor and commenced to say something but the sense of it was lost in a melee which he precipitated by his opening re marks. He said "Your Honor, This vile, little cur here" and he got no far ther. Gering was on his feet in an instant and before spectators could divine his intention, he swung a right lead to Leyda's cheek, landing square ly on the cheek bone. The two men were seated within a foot or so of each other and Leyda was consider ably surprised at the suddenness of the attack. He Bought to retaliate and began striking wildly about in the air but Gering came out of the fight unharmed. The attack precipi tated a grand row and in the twinkling of an eye the council cham ber was a mass of fighting men. A number of members of the council assisted by ye reporter who is a brave man, dashed into the fray to separ ate the combatants while the specta torsVmtslde the rail were engaged In a free fight among themselves and several members of the council were busy in keeping the crowd out. Coun cilman John W. Bookmeyer of the Third ward was the principal victim of the riot. With commendable en ergy he sought to intercede between Messrs. Leyda and Gering, and in so doing he shoved his head between the wide swath which Leyda's right arm was cutting with the result that he got a stinging blow on thd right optic and cheek bone. This roused the tiger of the Third ward and he tied into Leyda in good earnest. In an instant the two desperate men were locked in an embrace which Coun cilman Kurtz, Schulhof, Gravett and the handsome young reporter of the Journal found great difficulty in un loosing. During the excitement someone hit Leyda several times in the nose and upon the mouth ap parently, as his nose was bloody and his mouth also bleeding. This to gether with the disclored optic of Councilman Bookmeyer, the loss of two small pieces of cuticle by yours truly and a blow in the neck to T. M. Carter seems to have constituted the list of casualitles. Mayor Sat tler encouraged the racket by the vigorous use of the gavel pounding the desk with all his strength in an effort to get a semblance of order but without avail until he added his personal efforts to those of the peace' makers and separated the raging elements. At the height of the unpleasant nesa the scene was one of the most ludicrous ever witnessed here. The hall was full of a struggling, seething mob of men and arms were in evi dence in every direction, all waving frantically about. Carter had a very large cane which he was waving aloft while Glenn was excitedly ges ticulating and saying things which were lost in the uproar. In fact, the entire affair looked like a Donny urooK lair, xne ladles who were present were thrown into a panic by the riot and several mado desperate efforts to get out of the room. The affair lasted but a few mo ments, when quiet was restored. Mr Gering at once apologized to the council for his part in the trouble as did Mr. Leyda later, when the affair was allowed to drop. Mr. Ger tended to get a gun and if he could not be protected from Insult he would protect himself and he want ed to serve public notice to that effect. Leyda asked for an adjourn ment at this time as the excitement had incapaciated him and he needed help in handling the case. Mr. Ger ing objected to a continuance and on motion of Bookmeyer the remon strators were directed to proceed. Dr. Elster's testimony related largely to the membership of Ger ing & Co., and he testified he be lieved he had seen a letter wherein Henry R. Gering had stated he owned all the stock in the firm. ' T. M. Carter was called by Leyda and testified to having made an ex amination of the liquor register of Gering & Co., and that In December, 1909, they had made three or more sales. Carter's examination display ed an extremely unstable memory and he could not recall anything about any sales except three or four in May and three or four in De- ably correct. Witnesses of good re pute who saw the fight insist this is the case. No complaints have been filed in police court up to two o'clock regarding the fisticuffs which took place but there seems every prob ability that proceedings may be taken later by some of the interested parties. It is intimated that the fil ling of a complaint against any of Rhe parties to the affair will result in the filing of counter complaints and that there would likely be an un ceasing stream of litigation before the matter was ended. The Journal would regret this very much as it would tend to disturb the commun ity and would serve no good end. The public is heartily sick and tired of the constant warfare which in volves the city and it will welcome a return to sanity and the dropping of these matters. ember. His cross examination by Mr. Gering was severe and went to show the lack of good faith which he had in filing this remonstrance, lie showed by the witness that he haJ once before examined the register at he request of County Attorney Attorney Rawls afterwards this modified 'to say Glenn in place of Rawls. Carter's testimony was largely unimportant and did not strengthen the position of the remon strators. During his examination, Mr. Gering asked that T. W." Glenn' be excluded from the room, which was done over Glenn's vehement pro test. Glenn was called next but his testimony was unimportant and did not strengthen the case of the re monstrators. For the applicant Mr. Gering had Mrs. Kerr, Mrs. T. M. Carter and Mrs. Glenn railed and each of them testified that they signed the remon strance without having investigated the truth of the charges which it contained and that they were in duced to do so by Glenn. They did not read it and Glenn kindly re lieved them of that duty. Each of them testified that they signed it on account of testimony which had been disclosed in a case tried last year in district court. These ladles seemed to think the remonstrance against Gering & Co., for selling liq uor unlawfully, and they frankly ad mitted they didn't know what the remonstrance did contain At the close of the testimony of the ladies a number of documents were submitted in evidence by Mr, Leyda for the remonstrators and then he offered the statute relating to liquor traffic and also the city charter and ordinance Mr. Gering then moved to dismiss the remonstrance for a large num ber of reasons and Councilman Dwyer suggested the matter be sub mltted without argument. Leyda in slsted on reading the statute and ordinance, after which Mr. Gering made a few brief remarks. On mo tion of Councilman Dwyer the re monstrance was then denied. Mr. Dwyer made a strong argument for his motion and contended the re monstrators had failed absolutely in their case, and there was nothing on which the council could act. He was of the opinion that there was no pro vision by which a permit could be re fused under the conditions which the remonstrators attempts to do. His argument was a clear exposition of the legal aspects of the case and satisfied the council of their right to issue the permit. The remonstrance was then refus ed, the vote being; Aye Dwyer, Weber, Kurtz, Bookmeyer, Neuman, Schulhof, Gravett. Nays None. It is claimed this morning on the street that Mr. Leyda received sev eral blows on the back of the head during the melee spoken of above and that he has quite a well devel opend bump on that part of his anat omy in consequence. It is claimed Henry R. Gering dealt these blows during the excitement but the re porter did not wltnessthls part of the fracas. General opinion in the city, while deploring the affair, con demns more severely the tactics that brought on the entire matter. There is particularly strong comment heard concerning the position which Messrs. Carter and Glenn have taken in tho various troubles which have been disturbing the city for several years past and the public Is rapidly tiring of their malevolent and cap tlous actions. Careful investigation since the above was put in type satisfies the Journal reporter that the state ment that Mr. Henry R. Gering AT ST. L UKE'S CHURCH One of the Most Interesting Pro grams Ever Rendered by the Choir THE BALL OAK LAST FRIDAY What the Nebraska City Papers Have to Say About Contest From Tuesday's Dally. Just to show that the life of the umpire is not a bed of roses and that those of the local team and its fan supporters are slightly preju diced in blaming hi mfor the rlotious game last Friday, the Journal today reprints what the Nebraska City pa pers had to say about the game. Incidentally, the remarks about the attendance are some well put and If the team la to remain in the field and play winning ball, the attend ance will have to pick up. The Ne braska City Press says: Captain Burns warriors journey ed to Plattsmouth yesterday to play the team at that pluce and won the game 18 to 9 without an effort. Fol lowing was the lineup: Plattsmouth Heal, Droege, Fitzgerald, McC'au- ley, Smith, Mason, Perry, Kelly and Warge. Nebraska City Mayfleld, lladura, Morarity, Hicklin, Chap man, Richter, O'Shca, Whitmore and From Monday's Daily. The song service at St. Luke's church last evening given by the choir, under the direction of Prof. H. S. Austin, together with a num ber of excellent solos, was one of the best, if not the best program ever given here. There was a large and appreciative congregation present and all who attended were well re paid. The program was one of un. usual merit and every number on it was given in splendid manner and form. The selections which the icholr rendered included "Make Haste, O God," by Rogers, "Angel Voices Ever Singing," by Nedlinger, and "Lights Abode." by West. Each of these numbers were excellent and the choir did itself proud in rendering them. A trio, "We Will Sing the Wondrous Storf,'' by Hart, was charmingly given by Mrs. H. S. Austin, and Miss Gretchen Donnelly and Miss Marie Donnelly. These three singers were In fins' voice and their execution of this beautiful trio was, indeed, very charming and highly appreciated. Solos were given by Prof. II. S. Aus tin, Messrs. C. W. Baylor and Glenn Scott and Mrs. Austin. Prof. Aus tin's selection was "Far From My Thought" and he rendered West's beautiful song with an interpreta tion most excellent and pleasing. Jerome's hymn "Shepherd Divine" was sung by Mr. Scott who sang the hymn splendidly. Mrs. Austin gave as her solo "The Lord is My Light" by Mann and her rendition of the song was highly pleasing to the large audience as It always is. That grand old familiar melody "The Rock of Ages" was very effectively rendered by Mr. Baylor, it being one of the best selections upon a program of the highest order. The work of Mrs. Anna Brltt at the organ was very highly appreciat ed by the congregation and Mrs Brltt received great praise for her artistic work. Her rendition of the offertory was commented upon by all as splendid and many words of praise have been heard since the program was given, for her excellent work. All told the program was highly pleasing and reflects great credit upon Prof. Austin and the several participants in it. llrek ia the Drouth. From Monday's Zai. A break in the drouth wntch has prevailed all this spring over this section took place early this morn ing when a light rain fell. This oc curred between four and five o'clock and throughout the day, the rain has been slowly falling. The precipi tation is not great but it is sufficient to wet the Surface of the ground and it will enable spring plowing and corn planting to proceed. The weath er Is considerably colder and the weather bureau predicts much cold er weather for tonight with slowly rising temperature tomorrow. The rains have been general throughout the state, although light in all parts and they afford a meas ure of relief to small grain and puts the ground in better condition for planting. There is every indication that the rains may continue for at least twenty-four hours over this sec tion which will be a vast improve ment. Snow fell this morning at intervals, there being a few flakes mingled with the rainfall. Should the weather grow much colder it is pos sible under present conditions. Reports from Wyoming and South Dakota Bhow snow in both of those Btates and also some snow In Colo rado. Kansas reports a cloudburst at Emnorla which may' have dono Fletcher. Fletcher pitched a good extcn8lve damage. A heavy wind game for the locals but his support att.(orm WM raglnK there ,ast evenlnB times was ragged. The umpire knew about as much about a ball game as a pig does about Wall street and his decisions should have won the game for Plattsmouth if it was possible with the umpire with them. The local crowd kept up their hitting stunt and knocked the ball until they were tired. The team and the rooters accompanying them arrived home in time for supper. The at tendance at the game was bum, fifty-three persons were noted in the field and three cows grazed peaceful ly during the game." The News Bays: when all wires into tho city went down and communication was cut off. The Santa Fe railroad to gether with the telegraph and tele phone companies was making extra ordinary efforts to restore communi cation with the city and learn tho extent of the damnge done but up to a late hour this had not been done. ing in his apology stated that he in-struck Leyda during the fart is proh Disponing of Mortgage Property Deputy Sheriff Manspeaker last Saturday evening took into custody Silas C. Breckcnrldge on the charge of disposing of mortgaged property. "The Minks went to riattsmouth The complaint against Breckenrldge csterday and cleaned up the team was filed with Justice Archer sever- at that place by a score of 18 to 9. al weeks ago by County Attorney The game was a tame one and there Ramsey, acting on the instructions was a very light attendance, not 0f District Judge Travis. The arrest being over Beventy-flve people on the grows out of the litigation between grounds, including the crowd that the First National bunk of this city, went from this city. It would look natt & Son, W. F. Gillespie and as if the Plattsmouth people did not others which has been heard several really care much for a ball game nor times in the county and district were they going to give their team courts. The property in question hearty support they are entitled to if was some corn which Breckenrldge they are to be kept in the field dur- had mortgaged to Halt & Son and ing the coming summer." which he sold to W. F. Gillespie, the The Journal does not agree with Mynard grain dealer. In the liti- the Nebraska City papers about the gation which arose over the prop- Minks winning with ease for they erty the fact of the sale developed certainly would have lost had the and also the fact that he received Plattsmouth team played anything the money for the same from Gil like the ball they are capable of. If lesple. After hearing the case in Nebraska City hopes to win the Mink district court, Judge Travis called league pennant with players such as in the county attorney and instruct their team seems to have, it looks ed him to file the complaint. . as if their dreams will be Badly Bhat- Breckenrldge had been sought by tered. The team looks very weak the officers for some time and Sat- from the exhibition they put up here, urday night was the first time they The management of the local team were able to get hold of htm. He Is much discouraged with the attend- tried to get ball but could not se ance at the games and hopes that cure the same and is still In jail. next Frldaywhen Green's Indians His hearing will probably take place Fifteitli Wedding Anniversary. From Monday's Dally. Today is the seventy-first appear ance upon this sphere of William D. Jones veterinarian, and the aged veteran was down town and greatly enjoying himself showing little of the effects of age and being about as spry and lively as a man many years younger. Tomorrow is the fiftieth anniversary of the marriage of Mr. and Mrs. Jones and the worthy couple expect to duly observe the occasion. This happy combination of two anniversaries Is something seldom witnessed and Mr. Jones is quite proud of the circumstances Tho many good friends which these pioneers have in this city and throughout the county unite in hop Ing they will have a recurrence of many more anniversaries, both of Mr. Jones' birth and the marriage. play here It will be far better. The Idea in selecting Friday as one of the days on which games will be played was to permit the merchants and clerks to attend. That they have not taken advantage of it is disap pointing in the extreme. The next opportunity and possibly the last to see games on Friday will bo when Green's Nebraska Indians play here next Friday. This team is one of the strongest semi-professional teams in the country and the local team will be strengthened to meet them. Plattsmouth can get good adverts ing out of Its ball team if the mer chants and towns people will patron Ize the games in sufficient numbers to warrant a strong team staying here. The nucleus of a strong team is already here and the management is prepared to strengthen it if the patronage will permit them to do so Green's Indians in themselves are tomorrow. Delightful Farewell HurpiiHC. The cozy home of Mr. and Mrs. Ed. Donat on west Granite street, was the scene of a little merriment and frolic yesterday afternoon. The oc casion was in the nature of a fare well surprise in honor of Frank and Eddie Donat. About twenty school mates and friends had been invited and they gathered at the Donat resi dence about 2 o'clock in the after noon. Upon their arrival at their uncle's home, Frank and Eddie were somewhat shocked to see the rooms filled with their playmates but soon recovered and joined in the fun. The usual amusements were had such as games, music and the like and the pleasant affair closed with a delight ful luncheon to which all did ample justice. It was a late hour in the afternoon and after expressing their rpirrfita nt linvlnir to lnsn tlm liova well worth Beclng for they play ball from thc)r mi(lHt bllt w,HhIng thelll much happiness in their new home, which keeps tho fastest of Ahem guessing. They are real Indians and many of them have established rep utatlons as being the best ball play ers among the redmen Let everyone who wants to help the guests departed for their homes. Engineer J. J. Buttery of Lincoln spent Saturday night with his broth er, Mart and family in this city. Johnny was delighted with his broth er's farm, and believes he will de velop Into a great farmer. Old CiMiiraileH Meet. A. II. Pratt, an old soldier friend of J. W. Johnson, who has been Plattsmouth and who wants a good, making him a brief visit, departed fast ball team here, turn out Friday tnis mornlnB for Freeport, Maine. and attend and encourage the boys Tne ftBe(1 gentleman is quite feeblo to play winning ball. Rnd ttie trlD 19 a very lo"K and tire some on for him to make athlsagc. In making the trip to this city from The only new filing today in the TccuniBeh, he was bo exhausted when office of Clerk of tho Court Robert- he changed cars at Lincoln that hs son was a transcript in the caso of I had to be wheeled from one train Blunt vs. the C. B. & Q. Ry., an ap to the other. Judge Johnson at- peal case from the county court tended to arranging the details for where Blunt recovered a Judgment I his trip and made all possible en- against the Burlington Relief de- deavors to have the trip made as partment for $315. . 'comfortably as possible.