The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, July 14, 1910, Image 1
Nub. tut uinwKu lattamoutb Journal. be SEMI-WEEKLY EDITION EIGHT PAGES VOLUME XXIX PLATTSMO U Til, NEBRASKA. THURSDAY JULY 11, 1910 NO 50 AI1EW HDEFER FILES SUIT AGAINST THE AMEU EXCHANGE BANK Petition Alleges That Bank and John Gerry Stark Have Unlaw I fully Retained and Used Money of Plaintiff A sensational suit was filed in the office of Clerk of the Court Robert son this morning by D. W. Living ston, representing Andrew Hoefer, a well known citizen from the vicinity of Elmwood. The suit m question grows out of a land deal which took place several years back and the con sequence failure of the American Ex change bank and John Gerry Stark, its cashier, to account for the funds. The petition makes some charges of a a very serious nature against the de fendants and the bank officers and promises to lay the foundation for a lively fight in the courts. The petition is entitled Andrew Hoefer vs The American Exchange Bank of Elmwood, Neb., and John Gerry Stark, defendants, and It sets forth the legal incorporation of the bank together with the officers of the Fame and its powers. The petition then goes on to state that on Jan uary 1, 1907, the plaintiff owned a farm in Cass county, Nebraska, which was worth the sum of $9,000. That an agreement was made with one David Kunz to sell him the lands for $9,000 and that sum was received from Kunz by the defendants for the plaintiff and that a deed for the land was delivered to the said Kunz. That $4,200 had been paid by the defend ants to the plaintiff and that $100 had been paid by the defendants to quiet the title to the lands for Kunz. That there is still due the plaintiff from the defendants the sum of $4, 700. This sum of $4,700 remained In the custody and possession of the defand ants for the plaintiff and that the plaintiff had before filing this suit demanded that amount of the defend ants but that the defendants had fail ed, neglected and refused to pay the same over and have converted said Hon. R. B. Windham Delighted With Eastern Trip From Monday's Dally. Hon. R. B. Windham who has been making an extended visit at eastern points, has returned to his home In this city. Mr. Windham has been gone for a month past and returns much benefited by his trip. He went from this city to Springfield, 111., where he was in attendance as a dele gate to the grand council of the Knights and Ladies of Security, men tion of which was made from time to time in the Journal, through tne medium of newspapers so kindly sent this paper by Mr. Windham. He re ports this gathering as Jthe greatest in the history of this flourishing or der and as one of the finest gath erings ever seen in the country. There was much important buslnes transact ed which dealt with the welfare of the order and there were many re ports read which showed the strong financial condition of the order and Its phenomenal growth. The grand drill which was participated in by crack drill teams from all parts of the country, was a revelation to all who witnessed it and Mr. Windham Is enthusiastic over the fine wirk which was shown by the teams. From Springfield, Mr. Windham went on to Chicago where his daugh ter Ellen Joined him and where they made quite an extended visit with rel atives In that city. They also visited with relatives at Plainwell, Mich., for several days and then Mr. Wind ham went to Ann Arbor where he was In attendance upon the commence ment exercises of the University of Michigan of which Institution he Is an alumnus. He had a very fine and enjoyable time while there and met many an old friend of his college days. From Ann Arbor they Journey ed to Detroit where a steamer was taken and the trip made back to Chi cago via the lakes and the Saulte canal. This was perhaps, the grandest part of the outing, as this country Is Ideal summer country and the lakes and waters, the most delightful of the land. A week was spent at Bay I M money to their own use and benefit. That this conversion was with the knowledge and authority or attempt ed authority of the officers of the bank. The charge is then made that the sum of $4,700 was on June 30th, last, appropriated and embezzled by the defendants and the bank officers, and a. judgment Is asked against the bank and Stark for this amount with Interest. It is not known here Just what the facts in the case are outside of those set forth in the petition but it Is probable there la some legal ob stacle in the way to a settlement of the suit and that the matter will re ceive an airing through the courts. The case has created a great deal of comment here owing to the sensa tional embezzlement charge and the public is curious to see what the de fendants have to offer in defense The American Exchange bank is a well known banking institution of Elmwood and has been in business for a number of years. It has enjoy ed the confidence of the public of its locality to a great extent and the management has generally been con sidered as safe and conservative, John Gerry Stark, the other defend ant in the case is a well known resi dent of Elmwood and last fall ran for county treasurer on the Repub lican ticket. He is personally a very popular man and is quite well known in this city and vicinity, having vis ited here off and on for years past Hoefer who makes the charges against the bank and Stark is not very well known here, although sev eral are acquainted with htm. He Is said to be a solid and influential citizen and to rank high in his home community. The case will probably be for trial in September when district court convenes. View, Mich., while on the trip to Chi cago, forming a very pleasant break In the Journey. On the whole the en tire Journey was such as could not help but be most delightful and it was one of immense value to both Mr, Windham and his daughter in its restfulness and health-giving quail ties. He was delighted, however, to pet home once more and back into harness. Funeral of Cliauncry Doty. W. J. Streight yesterday was In charge of the funeral services of the late Chauncey Doty from his late res ldence east of the river to interment in the Glenwood cemetery. There was quite an attendance of old friends and neighbors of the deceased at the obsequies, the little church of East Plattsmouth being packed with those assembled to hear the tribute which Canon Burgess of this city paid to the deceased. Canon Burgess deliv ered a powerful and impressive ser mon upon the life and the many at tributes which the deceased had to his credit in the course of a long and busy life. The sermon was re celved with the most respectful at tention by all who heard It. The funeral procession left the church at about 2.45 p. m., and moved through Pacific Junction to the Glenwood cemetery where the body was laid at rest. Mr. Streight made the trip from the church to Glenwood and back to this city In five hours despite the heat of the day. Itctunis From California. Miss Mary Nemetz who has been taking a trip to the Pacific coast for her health and for recreation, re turned Inst Saturday evening. Miss Nemetz had a very delightful trip and returns feeling much hotter than when she left. She visited the various points of Interest In Washington, Ore gon and California while on the coast and also visited Salt Lake City, Den ver and Rocky Mountain points on j her w ay home. I. S. White and wife of Murray are in the city today looking after business matters. While here Mr. White calod upon the Journal and renewed his subscription to the pa per for another year. Mr. White is one of the rock-ribbed Democrats of Murray neighborhood and a mighty fine man personally and the Journal Is plrafwl to have him as a friend. 1! OSES HIP TIME Street Crowded With Frolickers Until Late Hou. " Work on cleaning up the city after the dose of the carnival commenced this morning when the Red Men put a force of men on the streets to clean them up and put them In shape Just as they promised when the use of the streets was granted them. The local council of Red Men pay these workers and not the city as some seemed to erroneously thought. The work will be done by night and the streets will be In excellent shape by that time. The close of the carnival brought a decided relief to the several commit tees which had the matter In charge and they are glad to note that the entire week passed off without a sin gle serious accident. Barring the one little accident of little Rosa Patter son and a runaway Saturday night, no accidents attributable to the 4th or to the carnival took place some thing which the Red Men and the committee can feel Justly proud of. The remarkable quietude which pre vailed throughout the week and the lack of roughness or boisterousness on the final night of the carnival, Is also something which Is pleasing to the management. That there was very little in the line of crime going on and one burglary which amounted to anything, is largely due to the effective work done by the police under Chief Ralney. The special po lice In particular did good work and deserve to be commended. The un tiring energy of Chief Ralney and his promptness in arresting all sus picious characters is also worthy of note and stamps him as the right man in the right place. Chief Rainey's ability has been commented upon most favorably by all who were aware of the work he did. Saturday night marked the dosing of the big week and there was a tremendous Jam of men, women and children on the streets. In spite of this large crowd there was no rough ness or bolsterlousness to speak of but in wandering from one attraction to another and in surging up and down the streets and throwing con fetti. This, sport waxed fast and fur ious and when hte shows shut down at midnight the streets looked as if they had been swept by a fierce mid winter snow storm; In addition the night was made memorable for the din and uproar which prevailed. Tin horns and laughing, shouting boys and girls made a racket which timid and nervous people Jumped at. TheRe hoydens certainly did enjoy them selves if they ever did and when the affair was over It left behind a mighty tired but happy bunch. The program for Saturday was car ried out as advertised although the high wind came near ending the chances for the balloon ascension. The slide for life took place as ad vertised at 4:30 p. m., there being a large crowd of people from the coun try on hand to see the young man as as he slid from the top window of the court house to the ground at the corner of Vine and Fourth streets. This act made quite a spectacle and pleased all who saw it. The high wind caused the carnival manage ment to hesitate about putting up their balloon but they finally did so Just about dark. The aeronaut who went up had a bad case of heart trouble and did not go very high, be ing afraid of landing in the Missouri river. He cut his parachute loose long before the managers were ready and long before the crack of the revolver which was to signal him to cut loose was given and in so doing, he came very near ending his mortal career. He was only some two hundred and fifty feet from the ground with his head downward, he caught his foot In the cut-off rope and came down like a rocket. It looked as If the para chute would not open and the crowd cringed In terror expecting to see the man dashed to the earth and killed. The parachute., however, open ed when It was about thirty or forty feet above the earth and checked his descent. The man came down In the alley south of Main street with the hod of the parachute on one side of the telephone wires In the alley and the man on the other. The result in saving him from probable injury. The opening of the parachute frightened the team of John Elliott which was standing hitched In the alley and they dashed away up the alley a,nd onto Sixth street. This made a thrilling and exciting runaway and for a few moments it was thought some seri ous damage had been done, ihe team was caught out on Maiden Lane more than a mile from where they started. The harness was torn up but this was the extent of the dam age. The shows Saturday night had a nice business and the crowds drifted from one to the other and seemed to want to see everything which was go ing on. The net result for the week has not yet been figured up but it is very good and nets the Red Men a neat sum for the benefit of their building fund. The members of the order are pleased at the outcome and especially grateful for the aid which they have received from the" public and especially the other fraternal or ders who so generously tendered their aid In making the affair a grand sucec-ss. The Red Men management is also pleased with the manner in which their relation with Brown's Amuse ment company passed off. There was no friction with them at any time and Mr. Brown and his partner, Har ry Lewis leave here with the assur ance that their acts are. appreciated and that they demonstrated they were men who could be relied upon. The Brown shows which open this week in Wahoo, did a very nice busi ness and satisfied the general run of the people. The Ferris Wheel and the merry-go-round In particular cleaned up a nice sum of money and carried many passengers. The former was easily the star attraction in the way of a riding device while the ever popular merry-go-round held its own as usual. The Nero show the huge snake show grew in popularity as the week went on and had large and Interested crowds present at tho closing performances. The feat of feeding the snakes which took place last Saturday night helped largely In drawing a crowd all of whom wit nessed the feeding with great Inter est. The Dixie Land Minstrels had a number of good houses and seemed to thoroughly satisfy. The Alaskan dog and wolf show did quite a busi ness and netted handsome returns. The Wild West show did not do as well as the tithers. McFadden's col lege., did considerable business and furnished quite an instructive show. The various stands did a good busi ness during the afternoon and even ing and the owners seemed to be well pleased with their business. The close of the week found the public more than pleased with the outcome and especially gratified at which marked the week. It was a great show and the Red Men are to be congratulated upon the success attending their efforts. There were some hard obstacles to be overcome but this was done and Plavtsmouth succeeded. Narrow Fscape From Death. From Monday's Dally. A narrow escape from death or very serious injury took place last Saturday afternoon as George Brooks was working In an excavation which the gas company Is making on Chi cago avenue. lie wa3 In a hole some eight feet in depth when a cavein took place and he narrowly escaped being burled alive in the trench. The great mass of earth in some mnnncr broke away from the wall of the ex cavation and fell with a great roar. Some three tons or more of earth came down and very nearly caught him. His foot was caught and badly crushed but aside from this no harm was done. Mr. Brooks was a mighty tickled man to escape so easily and does not want another experience of the kind as It was too close for comfort, lie will have to get about with a cane for some days to come but he is glad it was no worse and is willing to undergo that inconveni ence In order to escape from a horri ble death. Death or a Brother. From Monday's Dally. M. M. Beal yesterday received a telegram from Slgourney, la., con veying the sad Intelligence of the death at thatplace of his brother, Russell Benl. The news was not un expected, the brother having been in very bad health for some years past and several times having been considered as at death's door. The many friends whom Mr. Beal has in this community will unite in their sympathies for his great loss. Deceased was the last surviving member of the family nsldo from M. M. Beal, being the oldest son. He had reached the rlpo ago of 76 years. Ho is survived by a wife and two children. The funeral of this beloved man is set for Tuesday afternoon and It is probable Mr. Beal will leave this afternoon to attend the obse quies. T IITI-l BALL PETITION It Receives But Little Recognition From Business Men The news that a petition was being circulated to stop Sunday base ball In this city aroused a great deal of Interest among the people and strong opposition Is manifested to this being done. The opinion of the general pub lic is decidedly against shutting off the games as it means practically the prohibition of base ball In the city. A ball team without Sunday games cannot pay in this city and this fact is known. In the next place the gen eral opinion is that the games are not In any sense a nuisance and those who live in the immediate neighbor hood of the park are strongly of the opinion that as long as they have no kick the general public outside, should have none. Sunday base ball is a sane and respectable method of recreation. It is a rest for the men who have to work throughout the week and it certainly is as clean and moral as any sport can be. The Journal Is sorry that such an effort is even talked of here and it hopes that the petition will be dropped and the games allowed to proceed without molestation. It was thought some ef fort might be made to stop yester day's game but none materialized. It Is thought perhaps the circulators of the petition have found signers harder to get than they thought and that they have found the public loath to take a stand against the games. The Journal knows of a large num ber of respectable anA Christian men to whom the petition us presented who turned it down cold and refused to have anything to do with the movement. These men are exercising common sense and good judgment and deserve to be rotnmendvl. In connection with this question Nebraska City is all torn up over the same matter and yesterday's game there was played across the liver in Iowa. The Press of that city yester day morning printed the following statement from one of the most prom inent pastors of that city condemning the crusade against the games and what he says Is timely and worth con sidering now. The article follows: "Rev. eWsley W. Barnes, rector of St. Mary's church and editor of the "Church Militant," the parish paper, has this common sense opinion on Sunday base ball: ' "We regard the controversy over "Sunday base ball" as most unfor tunate and unnecessary. Croquet, golf tennis and other games may be play ed on Sunday and the supreme court decision which places base ball in any other category than these we re gard as ridiculous. So long as the games are conducted decently, with out rowdyism or gambling and for the purpose of recreation we can see no harm In them. If, however, they are made tne means of bringing crowds to town to do trading, thus keeping all the stores open and com pelling many employes to work seven days' we are opposed. At the begin ning of the controversy we introdu ced a resolution in the ministerial as sociation which would have allowed games for recreation while prohibit ing objectionable aecompalnments. The resolution failed to pass and personally we have done nothing in the matter since that time. But we are very sorry the situation has been allowed to become so acute because of the ill-feeling it hns engendered in the community." A Fine Solo. From Monday's Dally. Those attending the services at the Methodist church yesterday were greatly pleased and delighted to hear a very fine solo given by Mrs. Max Adams, a new resident of this city. Mrs. Adams has a very strong and natural voice and one which is very pleasing to the ear. She hns recently moved to thlB city from York, Neb., and it Is her Intention to take up tho musical work of tho church perma nently. She grcntly Impressed all who heard her In the solo and without a doubt will become one of the city's most valued singers. It Is the hope of all who attendod the services and heard her, that she enn ho Induced to furnish these boIos for each Sunday in tho future. The choirmaster is greatly pleased with her addition to his choir and is delighted to securo a young lady with so pure and strong a voice as one of the attractions of the choir. Mrs. Adams was recently married to Max Adams of this city at her home' at York and is a very plensant and agreeable addition to the city's ladles. Install New Sign. The Fraternal Order of Eagles on Saturday last installed a brand new electric sign which hangs in front of their hall. It is a thing of beauty, being very handsome in appearance and neatly and attractively made up. The wording of the sign is F. O. E. 365, which when the lights are on show up very conspicuously. The sign Is one which the Eagles can well be proud of and which they properly appreciate. It Is the product of local painters and they did themselves proud in Its preparation. Ill POLICE COURT One Goes Back to Jail to Wait Investigation While the Other is Given Leg Bail. From Monday's Dally. Ed. Williams, the fan arrested sev eral days ago by Chief Ralney for having In his possession two pairs of shoes with the price mark of the Kip Shoe company, Deadwood, S. D., in his possession which he could not satisfactorily account for, was ar raigned before Judge Archer this morning charged with being a vag rant. He was given a hearing and sentenced to ten days in the county Jail. He will be held there until ho can be given a thorough investigation by the officers. A letter was received from the Kip Shoe company by De puty Sheriff Manspeaker In which they say they have not missed any shoes and do not know how they came Into William's possession. They wanted the shoes forwarded to them at Deadwood. Sheriff Qulnton has the letter, and will put the matter up to County Attorney Ramsey for advice. When Williams was arraigned Sheriff Qulnton surprised him with a question as to whether or not his name was Wllllnms which he readily admitted. On Saturday he had insist ed his name was Wilson. He told tho sheriff and Justice Ar.'er tnat ho had come through from the const and that he had bougnt the shoes of a man In Lincoln, paying him two dol lars for the two pair. This two dol lars was all the money he had and he could not remember anything about the man be had bought tho shoes of. This looks very fishy to the officers who cannot understand why he used his last dollar that way. Ho sold one pair down here to a man connected with the Brown shows for two dollars and kept the other pair. He finally admitted he had been at Cedar Rapids, la., after considerable questioning. He was very nervous and the officers are convinced ho Is a crook, probably a sneak thief. His past will get an overhauling while ha Is in Jail on the vagrancy charge. Judge Archer also had a malefac tor before him thlH morning in tho shape of Ben Buchanan who disclaims any relationship with the Illustrious Jim of the snme name. Ben answered to a P. I)., charge and admitted to the court that he had some coin of the realm when he struck town Satur day but that he spent It all In a vain effort to aid prohibition and Mr. Bryan's county option propaganda by drinking up all the product. Tho result was not a noticeable victory for the cause as It led to Chief Raln ey harvesting him and filing a plain drunk or as It is known in swell circles a P. D. charge against him and also led him to a noisome cell In the city Jail. He told the court that when he worked he was a telegraph opera tor and that his last Job was as ex tra man on the Rock Island system under II. U. Mudge. He expressed great contrlteness for his offense and Insinuated that ho was willing to compromise with the court and leave town if the court would so order. Judge Archer considered carefuly and then spoke guardedly upon the evils of malefactorlng in tho John Barley corn way, winding up by giving him five slmoleons and costs worth of his, celebrated brand of Justice. He sus pended the fine pending the heglra of Ben from the city whereat the let ter marched forth into tho sunlight singing paeans of praise for tho good' Judge. Pleasant Fishing Part). A fishing party at Four Mile creek yesterday consisted of Messrs. Henry Hesso and Enrl Barclay and Misses Velma Knott and Frnnces Kushlnsky, had a very pleasant time. They went out In a carriage early in tho morn ing and spent the entire dny under the cooling shade of the trees hugely , enjoying themselves and having a fine time.