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SEMI-WEEKLY EDITION EIGHT PAGES
VOLUME XXIX
rLATTSMOUTII, NEBRASKA. THURSDAY XOVEMKER 17, 19 10
NO 86
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LIFE SENTENCE III TIE PEN
ITENTIARY FOR SITZItl MID KEEZER
Such is the Verdict of the Jury, Which Meets With the Approval
of the Public in General.
From Monday's Dally.
Both the state and defendants
rested their case Saturday afternoon
about 5 o'clock, after the defense
had examined Isadore Sitzman, Kee
zer's co-defendant, and the state put
on four or five witnesses in rebuttal.
The rebuttal was short, the defend
ants not using any rebuttal witnesses
'whatever.
Sitzman testified that he and Kee
ner had been drinking that after
noon, spending most of the time In
the saloon, that about 7:30 they
started after the cow, going up the
railroad tracks, they overtook the
three men, Martin, Sanders and
Geno, they passed Geno first, San
ders next and Martin last, that noth
ing was said the time they first
passed, they went on up the track
and met the men as they were re
turning to Cedar Creek, that he was
In the lead and had passed Martin
and Sanders, when Geno yelled,
"There come3 one of the g d d
s of b now," and at the
same time threw the bottle testified
to by Keezer, at him, Sltzman, when
the two clinched and went down, and
Geno getting the best of him, he
called on Keezer to assist him and
prevent Geno from injuring him,
Keezer came immediately and struck
at Geno with a small stick, missing
him and striking Sitzman on the
shoulder, when he told Keezer to
watch out what he was doing, that
he had been struck, Keezer then
struck Geno twice and Geno released
his hold on the witness, when they
ran toward Cedar Creek.
The witness was cross-examined by
the county attorney, and in his cross
examination corroboratedthe testi
mony of Sheriff Quinton as to the
statements made in his confession, as
to the direction they went after leav
ing the scene of the murder, stating
that they went through the alley to
the back yard of the hotel and
around on the east side of the house
and In at the front door.
The witness was asked by the
county attorney, If he did not see
Henry Inhelder and the foreman of
the quarry and two others, and it
they did not Inquire if witness and
Keezer were looking for their "bob
tailed cow," and witness and Keezer
replied, "let the cow go to hell." The
question caused a ripple of laughter
to pervade the crowded court room,
and the court rapped for order, stat
ing that another outbreak of the
kind would result in the court room
being cleared of spectators.' Defend
ants' counsel objected to the ques
tion as Improper on two theories of
the case. The court sustained the
objections in part, but said If .the
question was divided and put in dif
ferent form it would bo permitted.
The witness was then asked If in the
presence of these men on the evening
of the day of the trouble, he or Kee
zer did not state, when asked If they
were looking for the cow, "let the
cow go to hell." Witness stated that
he did not. The defendants then
rested their case and Mr. Inhelder
and the foreman of the quarry and
others were sworn In rebuttal and
all testified to the fact of having seen
the two defendants between 7 and 8
o'clock on the evening of September
1st, near the residence of J. P.
Schroeder, the quarry foreman, and
heard Sitzman or Keezer say, on be
ing asked If they were looking for
the cow, "let the cow go to hell." It
had been rumored about the court
room that the state would show on
rebuttal that the Geno who had
treated the disturbance at the Sitz
man hotel was not Mike, but a broth
er of Mike, but no such rebuttal was
offered. After the state had rested
Its case the court took a recess until
9 o'clock this morning, directing the
Jury to be kept together.
Sheriff Quinton took the Jury to
church, a majority of them having
signified their preference of attend
ing at the First Presbyterian church,
where they listened to a sermon by
Rev. L. W. Gatle, who in no manner
alluded to the case on trial.
The attorneys on the convening of
court this morning asked that the In-
Btructlons to the Jury be read before
the argument, and as some time was
required to reduce these to writing
the court did not take up the case to
day until after the noon day lunch.
And at the time of going to press the
matter Is being argued by counsel.
From Tuesday's Dally
The trial of Louis Keezer and Isa
dore Sitzman, charged with the mur
der of Mike Geno on the evening of
September 1st, last, came to an end
this morning, after seven days' dura
tion. The jury and the court as well
as attorneys showed the result of the
nervous tension and had a wearied
appearance.
After the Instructions were read to
the Jury, taking from them the first
count of the Information charging
premeditated murder' in the first de
gree, and leaving the Jury only first
degree murder while attempting to
rob, the argument for the state was
opened by County Attorney Taylor,
who spoke for probably an hour and
a quarter, detailing to the jury the
guilt of the defendants as established
by the evidence, exclusive of the con
fession. The jury was reminded of
the testimony of Sanuders, who says
his pocket3 were rifled by both Kee
zer and Sltzman, the latter lighting a
match to Investigate the contents of
his purse.
The speaker then reverted to the
defense as a "concocted scheme" on
the part of the defendants to escape
the gallows, and by careful analysis
showed the Inconsistencies of their
story. The evidence of Anna Price
was dissected, and the attention of
the Jury called to the statement that
she had talked to no one but her
grandmother about the matter, and
that her grandmother had told her to
speak the truth about the occurrence
at the hotel on the day It occurred,
which was three days before the
murder, and that witness went away
that day and did not see her grand
mother any more. The jury was
asked why the grandmother would
enjoin upon the little girl the import
ance of telling the truth about a
transaction not then known would
ever be detailed In court. The con
fession was then presented to the
Jury by the county attorney as hav
ing been the thought of the accused
men at a time when the enormity of
the crime had not impressed Itself
upon them, and was made after be
ing informed that they did not have
to make a statement. The duty of
the jury to protect society and keep
inviolate their oaths as jurors was
argued also.
Defendants' attorney, Judge Ben
Baker, opened his argument by stat
ing that be wished he was better
equipped for the duty devolved on
him, and that it might have been bet
ter for the cause of his clients if a
member of the Cass county bar had
been employed to defend these boys,
but that he would endeavor to aid
the Jury In arriving at a'just decis
ion, that for this purpose he would
talk with them and reason on the
evidence. Judge Baker then alluded
to the affair at the hotel as detailed
by the witnesses for the defense, and
reverting to the county attorney's
statement of "a concocted scheme on
the part of the defense," said that
when his young friend attained more
years and more experience such re
marks would not be used by him.
The speaker then took up the con
fession, stating that such evidence
was the weakest of all testimony,
owing to the frailty of the memory
of any individual, and that the con
fession of Keezer could not bind Sltz
man. At times during his speech
Judge Baker assumed a conversation
al style of argument, and at other
times he exhibited the greatest force,
bringing his voice to a whisper. He
argued that the Intent to rob had
never been proven, and especially
had the state failed to show that any
thing had been taken from Geno, the
man killed, and as the Intent to rob
was a vital Issue In the enso to make
the crime of first degree murder, the
state had failed In' this particular.
Judge Baker occupied an hour and a
half during which time some of the
most dramatic scones occurred.
At the close of Judge Baker's plea,
near the hour of 5 o'clock, the court
took a recess until 7:30, and directed
the bailiff to allow the jury to take
some exercise If they desired. After
supper, Mr. Tidd closed for the state
in a speech of an hour and a half,
which he used In answering the argu
ments of defendants' counsel'and in
reviewing the evidence of the entire
case. The speaker dwelt on the scene
at the hotel and answered defend
ants' question as to why evidence
was not put on to show where Mike
Geno was on the day that the trouble
occurred at the Sltzman hotel; also,
as to why someone was not called on
to testify what was taken from
Geno's person, by saying that the
only person who could testify to this
point was Mike Geno himself, and he
was dead, his Hps were sealed, that
was the reason why the proof was
not offered. The speeches of both
attorneys for the prosecution were
clear and convincing arguments.
The Jury was sent out at the close
of Mr. Tldd's speech and when court
convened this morning were ready
with a verdict. The prisoners were
brought In to their customary places.
The roll was called by Clerk of the
Court Robertson, and each Juror an
swered to his name. On being Inter
rogated as to whether a verdict had
been reached, Mr. G. L. Farley an
swered in the affirmative. He was
directed by Judge Travis to hand it
up; the clerk then passed the paper
to the Judge who scanned It carefully
and passed It back to the clerk and
stated that the jury will now listen
to their verdict, which in substance
was: "We, the jury inipannelled
and sworn in this cpse, find the de
fendants guilty, as charged in the
second, third and fourth counts of
the Information and not guilty as
charged In the first count of the In
formation, and fix the penalty at life
Imprisonment." Signed, G. L. Far
ley, foreman.
On being asked If this was their
verdict the Jury answered In the af
firmative. Defendants' counsel then
asked to have the Jury polled, at
which each Juror was asked to stand
as his name was called, and was in
terrogated by the clerk as follows:
"Is this your Verdict and do you still
adhere to It?" To which each an
swered, "Yes,' Judge Travis then
directed the sheriff to adjourn the
court until the 5th of December.
After receiving the verdict Judge
Travis thanked the Jury for Its
patience and its faithful attention to
the case.
The verdict of the Jury In fixing
the penalty at life Imprisonment
meets with general satisfaction of the
public, and there has been many ex
pressions of approbation and approv
al of the verdict
There can be no complaint on the
part of the accused men, although
their counsel stated that he would
appeal the case, yet there is little
probability that they will do bo. '
Judge Travis' rulings were uni
formly fair, and his ripe experience
as a jurist no doubt aided him as he
weighed the objections Interposed by
defendants' shrewd lawyer. There
has never been a trial of like import
ance in this court, where more care
was exercised by the presiding Judge
than the one Just closed. .
Superintendent ('uinble Honored.
Superintendent J. W. Gamble re
ceived from the state authorities at
Lincoln this morning, a certificate
which ' qualifies him to instruct In
any teachers' Institute which may be
held In the state in the future. Early
this year a movement was placed on
foot among the educators of the state,
looking toward a system controlling
tne instruction to be given In county
Institutes, and prescribing the requis
ite qualifications for Instructors in
Institute work. A state Institute was
held at Lincoln this summer for the
purpose of instructing in this work
and an educational standard fixed.
Superintendent Gamble furnished
the required qualifications and satis
fied the board of examiners that he
could deliver the goods when it came
to Instructing at a county institute,
and accordingly, this morning, he re
ceived certificate No. 12, which la the
twelfth one Issued in the state.
Mr. Zuck Slnadcr Here.
Mr. Zack Shrader, of Mt. Pleasant
precinct, drove up from his farm
last evening and visited friends In
this city over night. Mr. Shrader is
one of tho staunch farmers of the
county, taking a leading place in the
community In which ho resides. Ho
has been one of tho Journal's valued
subscribers for many years, and
mado this office a social call today,
leaving the prlro of a year's subscrip
tion to gladden tho heart of tho publisher.
ET
Passes Gently Into Eternal Sleep
Sunday, November 13, 1910
From Monday's Dally.
Died Richey, Mrs. Isabel, at
Plattsmouth, Nebraska, Sunday, No
vember 13, 1910.
Mrs. Isabel Grimes Richey was
born in Lancaster, Schuyler county,
Missouri, June 1G, 1858, and while
yet a small child removed with her
parents, .Mr. and Mrs. Henry C.
Grimes, to Ottumwa, Iowa, where
she attended school and spent several
years of her girlhood. In 1870 tho
family moved to Afton, Iowa, and
there Mra. Richey finished her edu
cation and was for a short time a
teacher in the schools at that place.
It was in Afton that she first met
Mr. Justus G. Richey, and there that
their marriage was celebrated In
1879. Theirs has been an unusually
happy wedded life and the love of
husband and wife was one of the
beautiful features of Mrs. Rlchey's
life. About 1880 Mrs. Richey moved
to Plattsmouth, where her husband
had established a lumber yard, and
this city has continued to be their
homo until tho Master called the wife
and mother away. Two children
blessed the union of Mr. and Mrs.
Richey, Welchie, who died in 1885,
and Justus Livingston, principal of
the Plattsmouth High school.
Mrs. Richey, several years ago, be
gan to devote her talents to litera
ture and has published two volumes
of verses, "The Harp of the West,"
In 1895, and "When Love Is King,"
in 1900, and a large number of her
later verses have appeared in the
local paper. Her ability as a writer
was quickly recognized and for
several years she was editor of the
Woman's department of the Twen
tieth Century Farmer, of Omaha, re
signing the same in the fall of 1908,
when the. Illness of her mother de
manded her constant attention.
The illness from which she never
recovered began in 1909 and for the
past year she had been almost con
stantly confined to her home. Her
going was as peaceful as her beauti
ful Christian life had been, falling
gently into that sleep that knows no
waking on this earth.
To mourn her loss there remains
the husband, Justus O. Richey and
son, Justus Livingston Richey, one
sister, Mrs. Claude Everett, of Union,
Nebraska, and two brothers, Edwin
F. Grimes, of Omaha, and Charles
D. Grimes, of Yoakum, Texas.
The funeral will be held tomorrow
(Tuesday) afternoon at 2 o'clock
from St. Luke's Episcopal church,
conducted by Canon H. B. Burgess.
Dead ami Dying.
County Surveyor Fred Patterson
returned to the city from his home
at Rock Bluffs last evening, where
he had spent Sunday with his fam
ily. He went to Murray to catch
the evening train, which, as usual,
was an hour and a half behind tlmo,
with a double-header, but one of the
engines cold and stiff In death, whllo
the other was dying as rapidly as It
possibly could. Fred says there Is
no telling these days when a person
goes away on the Missouri Pacific
whether he is going to return the
same way or not.
Called to Nebraska City.
Hon. R. B. Windham went to Ne
braska City this morning to be the
guest of the Knights and Ladles of
Security at that place, and to deliver
a speech to the council there. The
occasion is the 14 th anniversary of
the organization of the council, the
same having been organlzezd about
two months prior to tho Plattsmouth
council. Mr. Windham was a dele
gate from this congressional district
to the national council last summer,
and tho Nebraska City council are de
sirous of learning the impression the
national meeting made upon Mr.
Windham.
Sells l'arm for 'nol Money,
Credo Harris, the Liberty precinct
real estate man, last week sold a
forty-acro farm near Union to Chas
Garrison of that villHgo for $0,000,
or 150 per aero. Where Is the
agent who can duplicate tho sale?
Miss Fonter will hold teachers' ex
aminations at her office In this city
Friday and Saturday next.
New Itiim Sliauty Needed.
Night Tollceman Henry Trout says
that a new bum shanty is needed
very badly, as men of this class apply
to him every night for a place of
shelter over night, and have to be
admitted to the jail. This is a source
of expense to the city to keep them
up In the jail.
Last spring the shanty, north of
the station, which had been used for
housing the "weary" ones for several
winters, was burned and nothing has
been provided since, it would be In
human to compel the homeless ones
drifting Into the city to go without
shelter during the cold nights, and
the council ought to make some pro
vision to prevent suffering.
'S RELIEF CORPS
ENTERTAIN G. A. R. BOYS
At tho regular meeting of the G.
A. R. post last Saturday evening, at
their hall, the members of the Wo
man's Relief Corps sprung a surprise
on the post which will be long re
membered by those fortunate enough
to be present. A committee appoint
ed by the ladles for the purpose ar
ranged a most Interesting program
which was carried out to the letter,
and in addition Mrs. Andrews, mem
ber of the Woman's Relief Corps, of
Exeter, Nebraska, was present and
gave a most Interesting talk, bring
ing up much of the past relating to
woman's part of the civil war; also,
Miss Ellen Windham being present,
was called on for a reading which
Bhe gave, much to the delight of the
old soldiers.
The program consisted or the fol
lowing: "Tenting Tonight," solo and
chorus; "Aunt Jemima's Plaster," by
Mr. Howard; address by Judge Bee
son; solo by Mr. Glen Scott; solo by
Mis. Ernest Tuey; "War Memories,"
Mrs. Vandercock; solo, Mr. Moore;
duet, Mr. Moore and Mr. Solver;
reading, Mrs. A. J. Beeson; solo, Mr.
Jay Stiver.
' Every number on the program was
lliiRltig and won much applause,
and the entire program being unex
ported by the members of the post,
gave them the keenest enjoyment,
and they expressed the warmest ap
preclatlon of the thoughtfulness of
the Relief Corps.
IjoiiIh K. Penternuiu Dead.
Louis K. Penterman, father of E.
II. and H. G. Penterman, general
merchants of this place, died at the
home of his brother-in-law, Henry
Maseman, In Avoca, at an early hour
Tuesday morning. Word was sent to
the family at this place and the wife
and children were at his bedside as
soon as an automobile could take
them there. Death, it Is cinlmed,
was due to heart trouble, and came
without a struggle. Mr. Penterman
was building a largo corn crib for
Mr. Maseman, and the two gentle
men were sleeping together. Tho
latter was having trouble with his
back and did not sleep well. Mr.
Penterman, as members of his family
have told us, usually snores heavily
when he sleeps, and this Is what
awakened Mr. Maseman who tried to
stop him by hunching him in the
side. This would generally stop him
enough until both parties could get
to sleep. But this time no resonso
came and the spirit of this good man
departed with a last short breath.
Tho remains were brought to Elm-
wood Tuesday evening and the funer
al services conducted from the Ger
man Lutheran church yesterday,
(Thursday) afternoon and interment
made in the Elmwood cemetery.
Elmwood Leader-Echo.
Intends Thanks.
I take this method of returning
my most sincere thanks to my friends
in tho various sections of Cass coun
ty for the magnificent support I re
ceived in the election for representa
tive. I want to say to each and
everyono of them that I will use my
most earnest endeavors to prove true
to the faith reposed in mo, and in
my feeble way defend tho principles
which I advocated, and support all
such measures as I think will prove
beneficial to tho people whom I rep
resent. W. H. Puis.
Slightly P.ctlci' This Afternoon.
Mr. A. E. Cass, who Is In a critical
condition, was slightly Improved this
afternoon. There wero rumors on
the Btroet at noon that Mr. Gasa was
dead, but Instead of such being the
fact, ho wns a little stronger this af
ternoon than earlier in tho day.
A GOOD MOVE
III BOA
The Chief Deputy Fire Com
missioner Congratulates Supt.
of Public Schools.
A. V. Johnson, chief deputy fire
commissioner of Nebraska, has Issued
the following address eonsratulatlug
the schools throughout the state that
celebrated "Fire Day," and especially
city superintendents of schools, who
took an active part in having the day
celebrated in the manner as request
ed by him:
"In regard to Fire Day, I desire to
say that the day was pretty generally
observed throughout the entire state
of Nebraska. Tho people of Nebras
ka should congratulate themselves
for having such broud-mlnded and
liberal educators in the state. The
fire commission department fur
nished , superintendents of city
schools and the county superintend
ents of public Instruction with text
books sufficient to supply every
teacher in the state with a copy.
"Tho flro commission department
desires to express to all of the teach
ers who helped to observe thU day
Its appreciation of their efforts.
Especially does It desire to express
its thanks to Hon. E. C. Bishop, state
superintendent of public instruction
for his co-operation in this work;
also to tho superintendents of schools
In our metropolitan cities.
"1 have heard from a number of
the teachers and county superintend
ents of public Instruction by mall,
and the amount of enthusiasm and
Interest that has been manifested in
this newer educational work Is re
markable. "Nebraska Is the first state that'
has voluntarily Introduced the sub
ject of fire prevention into Its public
schools. When we take Into consid
eration the amount of money re
quired to carry on ,our educational
Institutions and the amount of prop
erty, In dollars and cents, that is de
stroyed every year by the careless
ness of people, 1 cannot see why this
subject has been ro long neglected
In our schools. During the year of
1910 we have reports of more than
500 fires all of which are the result
of carelessness. I sincerely trust that
the work will bo continued and re
quest that the teachers throughout
the state will take up this study at
Intervals and discuss it in the
schools either by debates, essays, or
lectures pn the subject of "Fire Pro
tection." ,
"I have received communications
from a number of states requesting
copies of the fire prevention text
book, all the writers have commend
ed the book, and have In mind tho
Introduction of tho Htudy in the
schools of their respective states, and
Nebraska will thus receive the credit
of having been the first state to
establish permanently a Fire Day."
Other in Sujim'
A special from Lincoln Bays: "It
Is supposed that Henry Bartling, of
Nebraska City, will pick a seat with
especial reference to ease of egress
from the senate. The senate Is
equally divided on county option
asldo from Harding, and It Is said
that both fofces have his pledge in
writing to voto for and against a
county option bill. It was a Napo
leonic maxim that half a battle was
finding a way out after planning a
way to get into the ranks of the
enemy. Bartling is expected to obey
thla precept to a ' fare-you-well."
There aro others who will be con
fronted In the house with pledges to
vote for county option when they told
the voters they wero against Biich a
measure. They will find trouble on
their hands when such a bill comes
up.
Sewer Extension Completed.
The thirty feet of sewer composing
tho extension of the Vine street Bew
er was completed this morning. H.
C. Mc.Maken & Son having succeeded
In getting a mechanic who under
stood tho work perfectly, and a good
Job was done. Tho work will be sub
mitted to tho city council this oven
ing on tho report of the commltteo
having tho Bamo In chargo for ap
proval. Mr. A. E. Qulnn was an Omaha
passenger on tho morning train to
day, where ho was called on business.
