The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, July 14, 1910, Image 1

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lattamoutb Journal.
NO 50
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
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
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
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.
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
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
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
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.
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'
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.