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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (July 4, 1910)
NEW RULING IN BANKING LAW Supreme Gcurt Reverses District Court of Douglas Count;. LAYS DOWN A PRECEDENT. State Bank of Chicago Cannot Recover From First National of Omaha on Forged Draft Cashed by Latter. State Treasurer's Report Shows Heavy Balance on Hand. Lincoln, July 1. In the case of the State Dank of Chicago, plaintiff and appellee, against the First National bank of Omaha, defendant and ap pellant, the supreme court reversed the decision of the Douglas county district court and at the same time established a new precedent of law in the banking business of Nebraska. The court holds that where a forged draft, alleged to be Issued by one bank, to be paid by another, and is cashed by a third bank, the drawee cannot recover from the paying bank If the latter has used ordinary precau tion in the matter. Tho draft was on the German bank of South Dakota and was made pay able to Charles Viterna. It was drawn for $800 on the State bank of Chicago. The draft was cashed by the First National bank of Omaha, the cashier being personally acquainted with the party presenting it for payment. In time the Omaha bank was paid back the money by the Chicago bank and later it was discovered that the draft was a forgery. Suit was then brought by the Chicago bank against the Oma ha bank for the recovery of the face of the draft. In the district court of Douglas county the Chicago 'bank won, but lost in the supreme court. Judge Root wrote the opinion of the court. State Treasurer's Report. The monthly report of State Treas urer Brian shows that the general fund has a balance of $301,495 to take care of outstanding obligations and current expenses. The permanent school fund' has uninvested $175,377. The total receipts for the month amounted to $500,090, and the total expenditure $700,013. PIONEER RAILROADER DEAD Andrew Jackson Passes Away at North Bend, Neb. North Bend, Neb., July 1. Andrew Jackson, a pioneer jallroad .man, who died here at the home of his daughter, was continually connected with the railroad history of Nebraska from Its beginning. Mr. Jackson did his first railroad work when a boy, more than seventy years ago, on the Vermont Central road, where he was employed as driv er of a cart during the construction of the line. He came to Muscatine, la., in 1845, where he was employed for twenty years as section foreman and in charge of a construction train. In the spring of 1865 he came by team from Grinnell, la., to Omaha, to take charge of track laying on the Union Pacific railroad. He laid the first rail on the Union Pacific and landed' the first locomotive that ran 'over the road, the same coming by a steamboat from St. Joseph, Mo. For two years he lived in- Omaha, then moved his family to North Bend and still continued to serve as roadmaster for several years, having charge of the line between Omaha and Grand Island. Fifteen years ago he went to Seattle and remained ther.e until four years ago,' when he returned to North Bend to spend his remaining days. His wife died while In Washington. He Is survived' by two daughters, Mr3. C. W. Dodge and Mrs. Ed Stover, both of this city. Wymore Has $150,000 Fire. Wynvcvre,' Neb., July 1. The fire here was gotten under control after the following business houses had been licked up, with loss of $150,000: Mentgen Bros., groceries and dry goods; Taylor opera house, Bell tele phone office, Laflln Bros.' drug store, Thiessen & Cutshall's meat market and grocery house, C'ty National bank and D. A. Lasher, hardware store. The clothing store of Thomas Har greaves was badly damaged. Farmer Fatally Hurt. Red Cloud, Neb., July 1. Tom Crallck, a farmer living south of this city, met with a serious accident. He was cutting wheat and some twine having In some manner wrapped around the shafting, he got down be tween the team and the binder and' the horses started suddenly, cutting Mr. Crallck in the back and almost severing bis right foot. He Is in a critical condition and the doctors havo no hopeB for his recovery. Candidates Coming In. Lincoln, July 1. R. D. Sutherland of Nelson filed his name with the sec retary of state as a candidate for the Populist nomination for congress In the Fifth district He filed also a pe tition to have bis name placed on the ' " Democratic ticket. James P. Latta . filed as a Democratic candidate for congress In the Third district and A. T. Gatewood of McCook filed as a Democratic candidate for secretary of jtate. He also filed as a Populist. POLK COUNTY FAFM REPORT Produces Big Crop of Corn and Small Yie!d of Alfalfa. 1:"B Moines, July 1. Coin and a.f alia occupy the bign auj low places m the crcjs harvested by the farmers in Polk county. Last year 3,392,408 bush els of corn was raised from the 73,810 acres that were planted. The eighty four acres of alfalfa produced 171 tons. Deputy County Auditor Burnett has completed the annual crop report for the county. Corn and oats are the staple products of the county, although the farmers are not slow in the matter of butter and eggs. Last year they marketed 633,174 doxens of eggs and their wives made 731,010 pounds of golden butter. x In all, there were 53,359 pigs on the farms of Polk county last year, 3,026 sheep and 35,304 cows. There Is an average of seventy-four farms In each of the townships of the county. The average farm in the county is composed of 10 acres. The highest price paid the farm hands in the county Is $45 per month. The report for 1909 shows a good gain over 1908. ACCIDENTS AT RIFLE RANGE Gun Explodes In Guardsman Hands and Cigarette Fires Tents. Des Moines, July 1. Two guards men were in great danger at the state rifle contest and the buildings at the range catne near destruction by fire. Explosion of a rifle in the hands of Private Lapniea of Fort Dodge badly burned his hand and Private Richna of Tipton was hit by a bullet while operating the targets. A cigarette Ig nited the tents of the Fifty-fifth regi ment. RUNAWAY BOY KILLED BY GABS Chicago Lad Lcses Lis in Yards at Clinton. Clinton, la., July 1 John Mitchell, aged fourteen, a runaway boy from Chicago, met death in the Northwest ern yards here. He was with two other boys from Chicago of the same age. Mitchell was sleeping on a fiat car and is believed to have gotten up in his sleep and lay on. the tracks near the car wheels. An engine bumped the string of cars, moving them just enough to break the boy's back. Ho died immediately. AUTO PLUNGES DOWN KILL Passengers. in .Car. Near Iowa City Have Remarkable Escape. Iowa City, la., July 1. An automo bile belonging to Hays Carson, In which he was riding with Robert Car son and Ed Dennis, plunged down a twenty-foot embankment, turning com pletely around, and landed on the riv er bank without a particle of injury to any of the occupants. The grade was almost perpendicular. The accident was caused by the breaking of the Bteering apparatus, the car wobbling from side to side be fore turning over the river bank. The car plowed down the bank, knocking a fence to pieces and uprooting bush es until it appeared that a steam roller had smoothed the 6ide of the embank ment. CUMMINS CANCELS DATES Will Take Three Weeks' Rest, but De nies Report He Is Seriously III. Des Moines, July 1. Senator A. B. Cummins denied the report that his heart is seriously affected and that he has cancelled his ehautauqua dates. He declared that he will take up his ehautauqua lecture July 19. "I was ad vised by physicians at Baltimore to take a rest and have cancelled some of my ehautauqua dates. This has given rise to exaggerated reports," said Mr. Cummins. Jewelers' Officers. Oes Molr.es, July 1. The Iowa Jew elers' association elected the follow Ing officers: President, H. Nellson of Fort Dodge; vice president, John Hind of Iowa City; secretary, Fred Edgar of Eldora; executive commit tee, Fred Shepherd and J. M. Gold stone of Bennett. The optometrists elected the following officers: Presi dent, George A. Felge of Des Moines; vice president, H. Replogle of Shenan doah; secretary and treasurer, George L. Goodale of Lenox. Marshalltown In Fight for Pure Milk. Marshalltown, la., July 1. A cam paign for pure milk, not only meet ing the requirements of ttie test for butter fat, but entirely free from preservatives, has been begun here by J. A. Turner, the new appointee of the state as milk Inspector. Turner insists that milk furnished local con sumers must be absolutely pure, and weekly tests will be made of dealers' samples during the summer months. lowan Killed by Intense Heat. Marrtialltown, la., July 1. As the result of being stricken with heat while working In his garden, William H. Davis, aged sixty-eight, a pioneer resident of the county, died very sud denly. Davis' heart waa not strong and be became overheated In the hot sun. Returning to the house and com plaining of feeling dizzy, he fell, truck his read against the floor anl died before a doctor could be called. FIREWORKS GO OFF K STORE Largest Des Moines Grocery Suffers $20,000 Loss. PANIC IN CROWDED STREET. Lighted Match Tossed Carelessly Aside Causes Much Excitement Roomers on Third Floor Taken Out Almost Suffocated Several Persons In the Crowd Are Slightly Injured. Des Moines, July 2. An Impromptu display of fireworks caused the partial distruction of the leading downtown grocery store. The fireworks in the window of H. S. Chase & Co.'s 6tore, near the busiest corner of the city, started things going. The whole front of the store was blown out and all the buildings in tho block were put in danger. A woman and her son rooming on the third !l above were taken out almost sui'.o cated. One of the clerks in the store was burned and several In the crowd in the street received slight injuries. The loss was probably $20,000. FOUND DYING AT MANAWA Myetery in tjeath of Omaha Men Ncaf Council Elulis. Council Bluffy la., July 2. A man who was found ia a dyln - condition ia a secluded spot at Lake Alanawa wj Identified as Amos ' Royster of Flor ence, a stibuib of Omaha. Roysters wife was searching for her husband when a reporter inform, d her of his death. Royster's death is a mystery. Physicians who have exam ined the body say there is no evi dence of personal Injury. When last seen in Omaha, Royster was in per fect health. There are no marks ol violence on the body. JEWELERS END CONVENTION Iowa Cathering Denounces Fake Ad' vertising and Sales. Des Moines, July 2. The Iowa Jew elers elected to hold their next annual convention in Des Moines, the last week In June, 1911. Resolutions were adopted at the final session. In these the jewelers declared against fraudu lent advertising and the booming o: business by fake fire sales. They favoi a national stamping law for watch cases. Cedar Rapids gets the state optometrists' convention next year. The dates have not yet been fixed. LIGHTNING KILLS SEVERAL Recent Storms in Parts of Iowa Were Very Severe. Mason City, la., July 2 Details oi the recent severe electrical storm which passed west of here through the counties of Hancock, Winnebago and Kossuth have b?en received. No less than three people were killed out right and six more are known to have been Injured. In these three counties no less than fifty houses were struck by lightning and more or less dam aged. H0EVE GETS JUNKiN'S BODY Drake Criminologist Pays Condemned Negro $50 for His Remains. Des Moines, July 2. Professor H. J. lloeve, the famous crlrnlnolog,r-t b. Drake university, who analyzed the skull and body of John Junkin during his trial in Centerville a year ago, wiil receive the body after the prisoner Is hanged at the Fort Madison peniten tlary.on the last day of July. The ne gro Is said to have received $30 from the college professor for his carcass. Nathoo Saves His Long Hair. Fort Madison, la., July 2. "Count'1 Nathoo was brought in from De5 Moines by Deputy Sheriff Curran. The Hindoo wants to keep his long hair, and the prison authorities will un doubtedly yield to the request, as there Is no law to require a shaved head. Nathoo "practiced" here six years ago and Is well known in Fort Madison. Estrada Gets Big Prize. Bluefields, Nicaragua, July 2. The government customs house at Pear) lagoon was taken by the rebels undei General Masls. Estrada's men also captured a large cannon and some pro visions and ammunition. The fight Ing lasted twenty minutes and the total casualties are said to be fifty. Claimholders Still Have Chance. Aberdeen, S. D., July 2. The fllinj of the first 8,000 winners in the Chey enne River-Standing Rock land draw lng of last October closed, and the re malnlng winners will be permitted tc file after Sept. 1. Of the 8,000 luck ones, Just 2,400 filed. Much of the land remaining untaken is excellent for agricultural purposes, and many ol the would-be claimholders holdlni high numbers will be able to secur cicellent farms after Sept 1. Five promiuont business men of Pa! co, Ala., were arrested on a charge o! attempting to assassinate J. II. Givens a wealthy banker, and three merchanti who were his companions. The Glv ens party was fired on from ambush while driving near Falco.' All werf wounded, and later when a posse pur sued the assailants, they walked into another ambusrade and three deputief were shot None will die. ROW UVZR AVIATION MEE Sioux C tv Bu'Jnecs Men D ssatisfied and Refuse to Pay. Sio.iv City, la., July 2. Dissatisfied with the aviation exhibition given by J. C. Mars and Eu,ene Ely under the auspices of the Glenn Curtiss com pany, the business men's committee refused to make the second payment of 12,000, and Mars announced that Curtiss would sue in the courts. The committee Insists on two days of suc cessful flights, as provided for in the lontract. Thousands of people who came to Sioux City this week went home disgusted over the show. The business men will standpat. They gave up $2,000 before the meet, but propose to hang on to the other $0,000 until the goods are delivered. CHARLES BAKER IS DEAD One of Iowa's Most Prominent Attor ney's Passes Away. Iowa City, la., July 2. Charles Baker, one of the most prominent at torneys in the state, died' of heart failure. He was a member of the legal firm of Baker & Ball. He was in his sixty-eighth year and had prac ticed forty-four years at Marengo be- foVe locating here. He served In the Fourth Wisconsin regiment through out the civil war and was In com mand of a company of scouts. He was imprisoned at Fort Tyler, Texas, toward the end of the war, and was there when the conflict ended. lie leaves a wife and four sons. ' TWO WOMEN MAY BE FATALLY HURT Hurls:! From Bujgy in Runaway H3sr Coon;. Boone, la., July 2. At noon on a deeply wooded hill near here Mrs. Peter McDonald and Mrs. Andrew Simpson were thrown from a buggy and probably fatally lujured. Their horse became frightened and ran 'at breakneck speed down the hill. A lineman working nearby ran to the rescue of the women and found both unconscious. He tapped' a wire and summoned aid from town. Both wom en were brought to the hospital here. Neither has regained consciousness. A hatpin penetrated four inches into the skull of one of the victims. GUARD SHOOT COMES TO END Championship In Regimental Rifle Matches Won by Fifty-Third's Team. Des Moines. July 2. The champion ship in the regimental rifle matches was won by the team of the Fifty third regiment of the Iowa nationnl guard. Lieutenant Don li Presusner, comuanv D. Fifty-third regiment, Man chester, is the individual rifle cham pion and Lieutenant M. C. Mumma of Iowa City, a member of the Second cavalry, is the revolver champion. JUDGE ROBINSON WEDS Clare Lunbeck Is Bride of Chairman of State Board of Control. Des Moines, July 2. Judge G. S. Robinson of the board of control, who started for Alaska ten days ago; sent word., to friends that he was niarried last week ln'Tncoma to Miss Clare Limbeck, formerly state agent In the employ. of the board' of control, en gaged. In, home finding for orphans." . Body Pierced by Wagon Tongue. ' Ua Grove, ia., July 2. James' .Tay lor, who works for Ed Clark, on Dr. E. C. Hellman's farm In Silver Creek, was terribly injured at the farm, his abdomen being pierced by. a. wagon tongue. His condition is very seri ous. He was walking backwards lead ing a team when he ran Into a tree. The team came on and the tongue pierced Taylor's abdomen. Found Dead in His Bed. Des Moines, July 2. C. I St.Clair, ged forty-four years, was found dead in bed at his room In the Wellington hotel. Mr. St. Clair was a land agent, coming to Des Moines four weeks ago from San Angelo, Tex. Heart failure is thought to have been the cause of death. Dubuque plumbers Strike. Dubuque, Ia., July 2 Union plumb ers, numbering twenty-seven, went out on a strike. The plumbers ask a raise from $4 to $4.50 a day. VAGS SENT TO WHEAT FIELDS Kansas City Judge Says Refusal Will Mean Six Months in Workhouse. , Kansas City, July 2 "Hereafter I Intend to sentence all vagrants to the Kansas wheat fields while the harvest season is on." Judge Burney said this in the municipal court here. "If they refuse to go and are caught loitering around town I will send them to the workhouse for six monthB." Judge Burney made this statement Just after he had sentenced three vagrants "to proceed at once to the Kansas harvest fields." Sues Wayman for Slander. Chicago, July 2.-0. M. Spare, one of the jurors who held out for acquit tal of Ijce O'Nell Browne, tins filed a suit for $50,0' 0 agalnHt State's Attor ney Waymnn, alleging slander pnd libel. Wayman, In an Interview, Is said to have accused Spare of "bang lng" the Jury. IIARTING CHOSEN : AS TIME KEEPER Veteran Ring Official Selected for Jeffries-Johnson Figtit. TOMMY BURNS REACHES RENO, Cays If White Man Is in Form Johnson Stands No Chance Jeffries ' Goes Fishing and Champion Idles About Camp -Delegations From Australia Arrive. Reno. New, July 2. Dust-covered and tired, but beaming with good na ture and his creel bulging with good Truckee river trout, Jeffries returned to Reno from an early trip to Verdi, up in the slopes of the Sierras above the city. That Is the way he pro poses to spend his time from now un til he shakes hands with Jack John son on July 4 and the battle Is on. Camp Johnson, although the stellar attraction was In evidence all day, was just as quiet as Camp Jeffries, Jack lolled about the place. Not a stroke of training work did he do. Among the celebrities who arrived were the Australian fight promoter, Hugh Mcintosh; Tommy Burns, ex heavyweight champion; Bill Lmib, champion heavyweight of Australia; Abe Attell, the premier featherweight; V. Corbet t, the Australian referee; Eddie Hnnlon and (loorre Hurting, the veteran timekeeper. With the ex ception of Mcintosh, the Australians predict that Jeffries will have little difficulty In disposing of Johnson. Burns Immediately upon his arrival gave out the following statement: "All I want to know is that Jeffries Is In the splendid condition he' Is re. ported by tho newspapers to ho In. II I pntlsfy myself that Jeffries has com back to his old form, I'll know nbso lately that he can't lose this fight. Ir. my match with Johnson, I learned th big negro fs not much of a fighter though he is a good boxer. It will take more than boxing, however, tc win next Monday." Shortly nfter George Darling's nr rival here It was announced that I f had been selected as the official time keeper for the Jeffries Johnson match In his time Hartlng has counted o il 1,100 defeated fighters. Four of tt men to whom he gave the fntcfu' "right, nine, ten," died from their pun ishment. Betting continues light. Some lay ers are offering odds of 10 to 7'4 o Jeffries, but even money that Jeffrie will not knock Johnson out in ninetees rounds. Little Betting In New York. New York, July 2. There Is a dead lock In the betting here on the Jef fries-Johnson chnrtiplonBhlp fight Jef fries own statement that the contest was an evn proposition caused hii admirers to hesitate to put their mon ey down nt 10 to 6. - FLEES NAKED FROM FIRE Woman Tears Burning Clothing Ofi and Carries Baby to Safety, ,' New York, July 2. Her light cloth lng ignited by the flames of an oyer turned kerosene stove as she was pre paring to warm the milk for her sick iaby, Mrs. Komi Moskowltz tore evorj stitch of bc-r blazing garments- from her, seized the child in her arms, and with not a whit less bravery that Ludy Godlvals In a crisis, fled witb the infant from the burning roouit down the fire escape. Neighbors gathered below cloaked ber and cared for her biid her threi little children, the two older of whoir were able to make their own wnj down the fire escape to safety. Mrs. Moskowltz will recover fron: the effects of the painful burns she re cetved. The rescued child, a six months-old hoy, was named Teddy after Colonel Roosevelt. MANY SETTLERS HOMELESS Fires In Canada Destroy Many Towm and Settlements. Winnipeg, Man., July 2. Bush flrel invaded the towns of Devlin and' La velle, In the Rainy river district 0 Ontario. At Devlin, the hotel and nil merous stores and houses were de atroyed. The fire Jumped the Ralnj river from the American side at Emo Ont, and is now burning fiercely eui.l of there. Hundreds of settlers lost al of their property. The manager of the Rat Portng Lumber company estimated the com pany'i loss from bush fires in th Rainy river district at $2,000,000. Lit tie lakes are alive with moose seek ing safety from the flames. The town of Stanley is reported in grave danger STRIKERS USE DYNAMITE litter Struggle In Pennsylvania Re suits In Several Deaths. Greensburg, Pa., July 2. The West moreland coal district Is In the tbroei of a miners' strike, which so far hai resulted In several deaths by the us of dynamite. There are many arresti Aid much violent disorder. At Export the homes of two forelgl miners were dynamited, resulting Is Injury to a year-old baby. The strike now In the second month, is the out eome of an attempt to unionize thi field. JAPAN TO ANNEX KOREA Mow Has Control of Police dmlnlstra tion of Hrmit Kingdom. Tokyo, July 1 -There Is every rea son to believe that announcement of the annexation of Korea by Japan U imminent. In accordance with the convention recently made betweeu Korea ami Ja pan, the Korean emperor has Issued an edict delegating to the Japanese government the police administration of the country. This Is the first Btep and the final step will be takcu when Korea is practically under guard. The garrisons are being steadily strength ened. The mass of Koreans accept tho reports of the approaching annexation with indifference, but a decided spirit of unrest and activity among the anti Japanese element necessitates precau tion prior to the forthcoming an nouncement. Lieutenant General Viscount Terau chl, the Japanese resident general of Korea, will leave for Seoul, the Korean capital, on July IS, to confer with Emperor Yl Syek of Korea, who Is re ported to be In a complaisant state of mind In view of the aruj pro vision which has been made for him, his Immediate family and other mem bers of the royalty under the nnnexa linn arrangements. The text of the Rimso-Jaonncsa con vention, recently made, will be ' pub lLshcd soon In St. Petersburg. MAY PARDON ANDREWHAWKSMS Aged K, Recorrimendsd . to ' Gamer tor CSsmmy. Lincoln, July 1. Andrew Hawkins hus been recommended to the govern or fur a pardon July 4.- Tho recom mendation was signed by Chief Jus tice Heesu of the iiprtme court, At tii.iiy Gcncrul TtiimipKon, Secretary oi fcUtc Junkin uml V, unU n SiniUi of the b-Alc ;'c::!;r.iiary. . This win dono .under the law which provides thuf. the governor may lHue,a r a:loii to a life prisoner on July 4 without a henvhir;, i.rcvidlii? t.'ie Mime is r.'coui mended by the tibine. Hawkins was scut to the peniten tiary for life Dee. 24, IkHS, ami i'.t'.'i been In prison longer than any oh:i:r person confined there. He was con victed of the murder of n man nuinej Jensen In Red Willow county, the con viction being on circumstantial evi dence. Hawkins Is now nearly seven ty years old. Judge Reese said hu Blgned the papers because of tho rec ommendation of Warden Smith, In whom he had the greatest confidence, and without Investigating the case. From merely reading. the opinion In the case, the Judge said Hawkins' rights had not been, protected In the trial. Mr. Junkin signed because of the age of the prisoner. Since the conviction of Hawkins an affidavit has been filed with the governor that u party talking In a saloon In Onialia admitted' that he committed the mur der. The governor has the case under ndvUement. Wilson State Health Inspector. 'Lincoln, July 1. The state bourd ot health -has re-eleciled Dr. W. H. Wil son state health Inspector,, at a salary of .$1,8U0 a year. The,, three nurse secretaries having, resigned, the fol lowing were elected toi succeed them: Nan Dorsey of Omaha, IJHIe Stuff of Lincoln and Bessie IHxhy of Lincoln, They servo one, two and three years. Livery Barn at Bayard Burned. Bayard, Neb., July 1 The livery bnrn and automobile garage' belonging to L. C. LeBeh at this place was de stroyed by fire, Twp, buildings,. a car penter shop and a ..blacksmith shop next to the barn, also burned. Tha total loss was $10,Q00., ., COMMITTEE WITHOUT FUNDS No Provision Made for Payment of Expense of Inquiry Asked by Gore. Washington, July 1. Members ot the senate committee appointed to In vestigate the charges made by Sena tor Gore relating to Oklahoma Intilan land contracts have discovered that the committee was not' provided with fundu to defray the oh( of the Inquiry. When the Inquiry resolution wai passed Senators Hale 'and Hughes Kated that no appropriation was de sired. This declaration escaped tho attention of Senator ' Jones 'of Wash ington and other members of the com mittee, and It Is probable that the committee will not take up the Inquiry until congress assembles In December. The house committee appointed to Inquire Into Indian affairs in Okla homa, however, was given broad pow er and funds to cover the cost of the investigation. The resolution provided that all expenses of the committee should be provided out of the house contingent fund. St. Louis Police Under Charges. St. Louis, July 1. One police lieu tenant, six sergeants, a detective and fifteen patrolmen were charged with pilfering from the Police Relief asso ciation fund' by the board of police commissioners. Two Killed; Two Injured. Fostorla, O., July I Rev. E. F. Lashley a ad' Ralph Wcdler were In stantly killed; M. A. Stone burned and James MrConnell probably fatally in jured when an automobile Jumped lata a ditch near here.