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SEMI-WEEKLY EDITION EIGHT PAGES
VOLUME XXIX
PLATTSMOUTH, NEBRASKA, TUUllSDAY DECtiMllKlt 15, liMO
XO 94
5
Y
JURY FINDS Jill GLARENGE 10
BE GUILTY OF MANSLAUGHTER
Render Verdict Sunday Afternoon After Deliberating for Twenty
Hours on the Case Judge Travis' Rulings Receive Praise.
From Monday's Dally.
After seven days of ardurous toil
on the part of court, Jurors and
lawyers, the important case of the
state against John Clarence was ter
minated' yesterday (Sunday) after
noon, when the Jury was Drought in
to the court room and handed in its
verdict of manslaughter, which is a
degree of crime lower than the de
fendant was convicted of at the first
trial in the last June term of court.
The Jury was out about twenty hours
and carefully deliberated on the in
structions, the evidence and the argu
ment of the attorneys for the par
tiese. The argument of the main counsel
for the defendant, Mr. Watson, was
very ingenlus, Mr. Watson, one of the
most adroit lawyers before a Jury,
found in this part of tbe state. He
opened his speech Saturday after
noon by telling the Jury that he did
not fear the evidence in the case,
that he depended on and was willing
to rest his client's case on the evi
dence of Lee Thacker and the dying
declaration of John P. Thacker and
on the evidence of these two, ex
pected a verdict of acquittal. Mr.
Watson only feared the oratory of
the "Black Eagle of the Platte," re
ferring to Mr. Gering, who was to
.follow him. The speaker paid a
glowing tribute to Mr. Gering's legal
and forensic attainments. He also
handed boquets to all other persons
aad officers connected with the trial
ef the case. He then went into the
case and argued for the acquittal of
his client on the ground that he act
ed in self defense when he fired the
three bullets into the body of John
Thacker.
Mr. Watson referred to the lan
guage of the deceased set out in his
dying declaration, in the statement
that he "thought he could eat" the
small revolver which deceased had
taken from Len Crawford as "the
language of a braggart." When he
had spoken for some time on the
different phases of the case, Mr. Wat
son took from his pocket, a North
Western Reporter phamplet and be
gan to read to the jury the decision
of the supreme court on the case at
bar, overruling the decision of this
court. He was not permitted to pro
ceed as objections were quickly rais
ed by the county attorney and by Mr.
Gering for the state, and the court
sustained the objection that the doc
ument was not proper for the Jury
to consider. In closing, Mr. Watson
paid a beautiful tribute to the faith
fulness of the mother of defendant,
who had sat by the side of her son
during tbe hours of the trial, and in
substance said "that the night was
never too dark, and the storms never
beat so high nor the lightnings flash
ed too fiercely and the sky never
frowned too dark to keep a mother
from going to the side of child."
He then asked the Jury if, under all
of the evidence, it could send the
defendant to the gallows, or even to
the penitentiary for a term of years
or even for one year. Mr. Watson's
speech made a deep impression on
the Jury, and they sat with drawn
countenances listening to his impas
sioned plea for the life and liberty of
his client.
Mr. Gering then addressed the Jury
for an hour and thirty minutes,
making one of the strongest argu
ments in favor of the conviction of
defendant of which Mr. Gering is
capable. He reminded the jury that
sympathy was one of the strongest
emotions which awayed human
breasts, that while he held the deep
est sympathy for the idolizing moth
er and doting father of the accused,
yet there never had been a crime
committed but hearts were wrung
Charles Guthman Return.
Charles Guthman and his parents,
Mr. and Mrs. P. R. Guthman, arrived
yesterday from Boise, Idaho, where
Mr. and Mrs. Guthman went about a
month sgo to see their son, who was
then quite sick. Charles Is recover
ing from a Beige of typhoid fever,
and was in a serious condition when
his parents arrived In Boise, but with
good nursing and the society of his
aud mothers were bowed with grief.
He called the jury's attention to the
other side of the picture, and men
tioned the family of John Thacker,
the widow and little children bereft
of husband and father, and loss to
the community in the taking away of
the honored citizen in the zenith of
his manhood.
Mr. Gering told the jury that while
sympathy was very powerful, that it
should not be allowed to sway their
judgment, in arriving at the truth
from the evidence they had listened
to. He accepted Mr. Watson's chal
lenge to try the case on the evidence
of the dying statement of Mr. Thack
er and the testimony of his son, Lee,
and if it were possible to bind the
court and Jury he would be willing
to enter into such an agreement, but
such could not be done. Many of
those who heard Mr. Gering's speech
thought it one of the strongest he
has presented to a jury in this court
The case has been fairly tried, and
is one in which the citizens of Liberty
precinct are deeply interested. In
the case members of the same family
have been arrayed against each other
The evidence wa3 very contradlc
tory, and Judge Travis' manner of
conducting the trial has received the
commendation of all lovers of Justice
his Impartial ruling on evidence and
points of law presented as the trial
progressed is a source of satisfaction
to the taxpayers of the county. On
this point the Union Ledger said in
its last Issue: "Judge Travis' fair
ness to both sides is evidenced at
every stage of the case, and he is
prompt but very careful in passing
upon the many points of law which
are raised by the attorneys."
The history of this most Important
rase is summarized as follows:
John Clarence was tried for mur
der of Johu P. Thacker at the May
term, 1909, of the district court. The
jury returned a verdict on the 9th
day of June, 1909. A motion for a
new trial was filed in three days, and
upon argument, overruled by Judge
Travis. The defendant, Clarence,
then applied for bail, pending his
appeal to the supreme court, which
was refused by the court. Upon ap
peal the supreme court fixed his bail
at $15,000. The case was reversed
by the supreme court in an opinion
In which the court Intimated that un
der the facts he should have been
convicted only for manslaughter. Af
ter the case was remanded to the
district court, John Clarence failed
to appear to give bond for his ap
pearance or to surrender himself. Af
ter waiting a reasonable length of
time for him to make his appearance,
the court directed the sheriff to bring
him, Clarence, into court. The sher
iff found him in the northern part
of the state and brought him to
Plattsmouth forthwith. He came be
fore the court and claimed that he
thought that the bond in the supreme
court still held him, but the court
was of a different opinion and com
mitted him to jail. He then applied
for bail, which Mas refused by Judge
Travis, and he was committed to Jail
to await his trial. His counsel, John
C. Watson, then applied to the su
preme court for a writ of habeas cor
pus, which was granted, releasing
Clarence from jail and fixing his bond
at $15,000, which be gave and which
holds good until a motion for a new
trial Is filed and ruled upon. The
defendant has three days from the
day the verdict was rendered to file
a motion for a new trial, afterwards
the motion will be argued before the
court and if overruled, judgment will
be entered on the verdict and the
defendant sentenced to the peniten
tiary under the verdict' for man
slaugher, which is from one to ten
years.
friends, he was brought through the
sickness which run its usual course
of weeks. Charles is feeling much
better since he has gotten back on
Nebraska soil, and his numerous
friends here are glad to see him on
the road to recovery.
Mrs. S. A. Wiles was an Omaha
visitor today, going on No. 15 this
morning.
Plowed Through Snow.
Harmond Beck and family, ac
companied by Mr. and Mrs. Rex.
Young, all of Murray, took Sunday
dinner with Harmond's sister, Mrs.
Will Hayes. Mr. Young is the R. P.
D. carrier out of Murray, and he said
that he had taken notice that the
corn cribs up this way had more
com in than around Murray. Har
mond didn't like to say "yes" to that
Item, but we are still wondering if
the little "Richmond" plowed its
way through the snow and landed
them safe home Elmwood Leader-
Echo.
W.
LOSES LEG
Blood Poison Makes Amputation
Necessary.
W. Brook Reed, a prominent citi
zen of this city and at present mem
ber of the school board, was operat
ed upon at Mercy hospital Saturday,
the right leg being amputated below
the knee, as the result of a persist
ent case of blood poisoning. Drs.
Jennings and Cole of this city and
Hr. Hodge of Omaha performed the
operation. Mr. Reed rallied fairly
well from the amputation and was
last evening reported as resting well,
although extremely weak.
Mr. Reed's trouble dates back
about two weeks when he sustained a
slight scratch on the ankle, which
developed a severe case of blood pois
oning. He was given prompt atten
tion, but the Injury failed to yield
to treatment and surgery was resort
ed to as a last hope.
Mr. Reed has been a resident of
this city for over thirty years and
has held many positions of trust,
among them county treasurer and
secretary of the commercial club. At
the last election he was the demo
cratlc candidate for clerk of the dis
trict court. Council Bluffs Depart
ment, World-Herald.
Mr. Reed is a brother-in-law of P
E. Ruffner, of this city and E. A
Kirkpatrlck, of Nehawka. Mrs. Reed
was reared In Plattsmouth where the
unfortunate gentleman has many
friends, who regret to leran of his
serious condition. While the opera
tion was a serious one, the Journal
together with his friends and rela
tives in Cass county trust that he
will survive the great shock, and will
soon recover.
Not Intended Locally.
It seems that some of our local
meat dealers took exception to sev
eral editorial squibs that recently ap
peared in the Journal. Now our re
marks were not intended for home
dealers at all, and we cannot see
wherein they can construe it as such
We are satisfied that home dealers
are setting meat Just as low as they
possibly can. Where the trouble
comes from is higher up. Wo have
said that the prices of meats on
foot is low enough, but it is too high
at the packing houses. Of course,
the local dealers cannot help them
selves as to the wholesale prices of
the packers they are compelled to
pay Just what they ask, and of course
their prices here are made in accord
ance with these prices, the same a3
goods bought from wholesale mer
chants by the retailers. The home
meat dealers must have a living price
for their meats, and this is all they
are getting.
Kntcitalns Old Friendx.
Wednesday was a red-letter day
Ifor MJrs. Kirkpatrlck and friends.
Six of her old neighbors from Mur
dock came down on the morning
train and renewed old friendships,
and talked over the old days when
Murdock was a howling prairie wil
derness; when there was no vine and
fig tree to sit under; when there was
no big house with its furnace and
other modern comforts and when
land was $7 per acre, corn ten cents
per bushel and In fact, they talked
about everything in and under the
sun. And did they eat? Well, if
you had been the dining room clock
you would know. The ladies return
ed home In the evening feeling that
it was quite a rest to get away from
their hubby's for one whole day. The
ladles were Mesdames Vanderberg,
Buell, Lake, Cox, Plckwell and Kiser.
Nehawka News.
Miss Olive Cass went to Glenwood
this morning to meet her music
class.
FUNERAL iS
JOHN F. GLOIDI
Large Attendance of Friends to
Pay Last Tribute.
From Tuesday', Pally
The funeral of Mrs. John F. Cloidt
occurred this morning at 10 o'clock,
from St. John's Catholic church, of
which church, she had so long been
a devotel member. Rev. Father M.
A. Shine had charge of the services
and tbe solemn requlrem mass was
celebrated. The altar and casket
were banked with beautiful floral
rlbntes, quietly attesting the esteem
of this good woman and of her earn
est christian life. Nearer My God To
Thee, Close To Thee, Flee As a Bird
and The Tears of Christ, favorite
hymns of the deceased, were beauti
fully rendered by Miss Opal Fitzger
ald and Miss Helen Cline. Following
the services at the church the re
mains were taken to the Catholic
cemetery where Interment was made.
The pall bearers were: C. C. Neff,
August Bach, Sr., Con Gillespie, Joe
Drocge, W. J. llartwlck and Peter
Clans, old friends and neighbors of
Mrs. Cloidt.
Gertrude Biene was born in From-
hausen, Krcls Warburg, Westfalen,
Germany, May 20, 1850, and married
in her native country to Mr. John P.
Cloidt in the year of 1872. Spend
ing the early days of their married
IJife in the fatherland, the young
people decided to seek fortune and
happiness In the land beyond the seas
and in the year 1881, emigrated to
the United States, first locating at
Cincinnati, O., where they resided
for one year and then removed to
Plattsmouth, where they have resld'
ed ever Blnce. To this union thlr
teen children were born, seven sons
and six daughters, eight of whom
have preceded the mother to the Bet
ter land. The husband, John Cloidt,
and two daughters, Mrs. John Ba
JeV, .and Mrs. Emmons Ptak, and
three sons, Frank, John and August
Cloidt survive her. She leaves, also,
a half-brother, Frank Blcne, who re
sides at Veger, South Dakota.
The life of Mrs. Cloidt was full of
beautiful examples of Christianity the
care and devotion that she has shown
for her invalid husband in all the
years that he has been confined to
his room and at the same time rear
ing her family, shows the courage
and strength of her character. Un
til the last her constant thought was
for their welfare, until at last she
received the final reward for her
devotion, in being taken to her eter
nal reward.
KihIoi-nch CoiiresHinaii Mni'lio
At the regular meeting of McCona-
hie Post, G. A. R., last Saturday
night, the following officers were el
ected: J. H. Tharsher, Post Com
mander; W. S. Barnhart, Senior Vice
Commander; Thomas Carter, Junior
Vice Commander; George Polsall
Chaplain; W. S. Porter, Officer of the
Day; John Renner, Guard; J. W
Johnson appointed mustering officer
Comrade Thomas Carter, of the
committee on resolutions, presented
the following resolution, which was
vnanlmously adopted:
BE IT RESOLVED, That the sin
cere thanks of McConahle Post, No
45, G. A. It., of Plattsmouth, No
braska, hereby tenders its thanks to
the Honorable John A. Magulre, our
member of congress, for so ably
pleading the cause and defending the
rights of the men who beared their
breasts to receive the deadly mis
sies hurled at the life and institu
tions of our beloved republic.
On motion the above resolution was
ordered spread upon the records of
the post, and a copy be sent to Mr.
Maguire.
Collided With Hand Cur.
From Tuernlny's Pally
The morning train north-bound on
the Missouri Pacific, last Saturday
collided with the hand car of part of
the rip-rap gang at a point between
the Plattsmouth station and the
Platte river, completely demolishing
the car. There were several men
on tbe car when It left the station,
among them being Ed. Folln and W.
Miller. The car pulled out as usual,
ahead of the morning passenger, but
on that morning tho passenger en
gineer had a good head of steam and
overtook the band car before it got
to the point of leaving the track.
The men on the car escaped injury
by leaving the car before it was
struck.
Happily Yt'lilol.
Mr. Thomas W. Hawkins and Miss
Hazel D. Campbell were united in
marriage at the home of the bride's
brother at Stamford, Neb., Tuesday
evening, December 6th, at 6 o'clock
p. m., after which a sumptous wed
ding supper was Bcrved. Only a few
Immediate friends and relatives were
present. The young couple left on
the 7:30 train on their wedding
trip.
Mr. Hawkins who is well known to
our readers, is a prosperous young
farmer living south of town. The
bride is an attractive young lady of
College View, Neb. The Beacon Joins
their friends in extending to them
congratulations and we bespeak for
them much happiness Eagle Bea
con. A LITTLE CHILD IS
BADLY BURNED ON STOVE
From Monday's Pally.
A most distressing accident occur
red at the home of Mrs. Camilo Sup
ernaut, on Gold street, between
Eighth and Ninth yesterday, which
resulted in the six month old daugh
ter having Its face and arm badly
burned on a red hot stove. Mrs. Sup-
ernaut lost her husband last June by
an accident in tho Burlington yards,
the unfortunate man having stepped
n front of a moving freight car and
was cut to pieces. SInco that time
his widow and three children have
had quite a serious time in trying
to make both ends meet. For some
time past the family has been quar
antined for chicken-pox. The family
consists of the widow and three chll
dren, one a boy about fourteen years
of age, and a little girl about twelve
and the baby, which was so severely
burned yesterday. The little girl has
just recovered from a selge of ill
ness and was holding the Infant by
the side of the stove, while the moth
er lay down for a short rest, and in
some way, not explained, the infant
was allowed to fall against the stove
and Its face and arm frightfully burn
ed. Some of the neighbors went to
the assistance and helped to dress
the little one's wounds.
County Option.
The Plattsmouth Journal wisely
comments on the activity of Rev.
Poulson, the Imported agent for the
Anti-Saloon league who is trying to
stir up dlssention among the repub
lican and democratic members of tho
lower house In the legislature. Mr.
Poulson is very busy at this time
scattering his seeds of dissatisfaction
among the members, trying to organ
ize the house to suit his own per
sonal nee'ds.
Nebraskans are reminded flint a
county option bill, If passed, should
bo niado by men belonging to the
state, not by imported gentlemen who
know nothing about our needs and
desires and whose only purpose Is
to "make good" with the head of
fice. It is very doubtful If county option
will make good at this session of the
legislature, and it is a sure thing
that it will not be along the lines set
forth by Frank Harrison and tho
Anti-Saloon league. If the friends of
county option wish to continue In
business and hold the friendship of
the people they will do well to cut
loose from the dcscredlted Harrison
and the Bmug Mr. Poulson Ne
braska City Dally Press.
Meeting of Burlington OM I luN.
Burlington officials, during their
sessions In Omaha the past week, con
sidered the budget for 1911 and ar
ranged for a new time card to be
made December 18.
Discussing the matter of the bud
get, Burlington officers at Omaha are
quoted as saying that expenditurees
in Nebraska during the year to come
may be rather light. The company's
property In this state Is in good pyhs
Ical condition. No new lines are to
be built In the state. A few cities
may get new station buildings, and
the usual amount of maintenance
work will be required. The budget
as yet has not been completed, but
most of its provisions have been con
sidered In the meetings of officials.
Box .Social.
Miss Marie II. Jerowsbek, who is
teaching the Cottonwood school of
district No. 27, and her pupils are
arranging for a box social to be given
at the school house on Saturday even
ing, at 8 o'clock, December 17th. The
proceeds from the salo of the boxes
will be used for the benefit of the
school.
Everybody cordially invited,
DAMAGE SUIT ON IN
THEJISTRICT COURT
From Monday's Pally.
In the district court today Judgo
Travis and a Jury began the trial of
a $2,000 damage suit brought by
Carl RJsman against M. W. Moore,
both parties reside in the west end of
the county.
The Bult grew out of a lease con
tract which plaintiff alleges ho and
the defendant entered Into, leasing
to plaintiff three eighties of farm
land belonging to the defendant, Mr.
Moore, which plaintiff was to hold
and enjoy the possession and crops
for the season of 1910. The farm
was Bold by Mr. Moore before the
plaintiff got possession of the land.
The plaintiff estimates that at tho
present prices of food stuff ho could
have realized a net profit out of the
farm In the amount for which ho
prays Judgment. Mr. IMsmnn Is rep
resented In the case by William
Delles Dernlr, of Elmwood, and D.
O. Dwyer, of this city, while tho de-
fondant, Mr. Moore, litis retained
Messrs. Clnrk and Robertson to look
after his Interests In the suit.
The following named gentlemen
were chosen as Jurors to try the case:
Georgo Kaffenberger, J. L. Bcnz,
John Fowler, John Spanglcr, P. II.
Goodfollow, Christ Iske, 1). T. Dud
ley, G. E. Perry, G. It. Sayles, John
Albert, H. P. Denning and Oscar
Miller.
Will Lino Oik? Member.
A special from Washington to the
Omaha World-Herald, 1n spenklng of
the re-apportlonment In Iowa and
Nebraska, says: "Nebraska will lose
ono member of the house of repre
sentatives if the house adopts a reap
portionment plan now being consider
ed by the leaders. It has boen ten
tatively agreed among several of tho
republican leaders that there Bhould
not be an Increase In the membership
of the house, and it Is proposed to
make the membership In tho house
on the ratio of one member to each
$225,000 of population. Tills would
make Nebraska's membership five.
Instead of six. Iowa, also, would
lose a member. In this connection
Judge Smith, of Iowa, yesterday
called attention to tho fact that un
less the legislatures of Iowa and Ne
braska agree upon a plan of redis
ricting, the congressional delega
tions of both Htates, finder the law,
would have to bo elected at large,
This would bring about a peculiar
state of affairs. Dlntrlct lines would
lio wiped out, and It probably would
result In a political upheaval so far
as congressional elections in those
states are concerned."
Telephone Merger Continued.
Mr. Bert Pollock returned from
Lincoln Saturday evening where ho
went to attend the hearing In the
Independent telephone rnso In tho
supreme court In which Judge Good
was appointed refree to tako tho
testimony. The rnse Is ono of in
junction brought In the name of the
state against the Bell Telephone com
pany to prevent the Plattsmouth com
pany and tho Nebraska City com
pany from merging with tho Bell.
Judge Good heard the preliminary
statements of the counsel appearing
for tho parties, and continued tho
hearing until January . Judge Al
len W. Field, of Lincoln, and De
puty Attorney General Grant Martin,
represented the state and Byron
Clark, the Plattsmouth company,
Judgo Paul Jessen, the Nebrsfska
City company and E. M. Morscman,
Jr., the Bell Interests, and were pres
ent at the preliminaries.
Adopt Little (ill).
From Tiipmlny'i Pally
Mr. and Mrs. G. W. Leach, of
Weeping Water, arrived In the city
this morning with Jessie Wentz, a lit
tle child of about two years of age,
which they have raised since it was
six weeks old. Mr. and Mrs. Leach
appeared In the court before Judge
Beeson and filed the necessary peti
tion for the adoption of the little one
and the court entered such a decree,
constituting the little child tho heir
of Mr. and Mrs. Leach, the same as
though born to them. Tho foster
parents to clothe, cducato and care
for her the same as their own chil
dren. Mrs. Lawrence, of Salt Lake City,
Is in the city paying a visit to her
parents, Mr. and Mrs. W. 8. Ask
with. Mrs. Askwlth and her daugh
ter spent a few hours In Omaha this
afternoon, going on No. 23.
