The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, December 21, 1911, Image 1

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VOLUME XXX
PLATTSMOUTH, NE1JIIASKA. TIIUIJSDAY DKCKMltKli 21,1911
NO 20
ftlatte
HIE MOST IMPORTANT ML CASE IB
BE TBIED ft! IBIS TEI DF CIBBT
Mrs. Julia Wanderholm, Administratrix Brings Suit for the Death
of Her Husband, Oscar Wanderholm, Who Was Killed by a
Burlington Train While Goinsr to His Work at the Pump-,
ing Station, Last January.
Prom Monday's Dally.
The most important, civil case
l be tried this term of court was
commenced I his morning liefore
Judge Travis in the district court,
brini? thai f Julia Wamlerliidm,
as administratrix of the estate of j
Oscar Wandorhnlm, deceased,
against the 0., II. & Q. Railway
company ami S. A. Sadie, a lire
man on the defendant company's
train. The cause of action is for
the loss of life of the plaintiff's
husband h being run over and
killed oil the defendant's right-of-way
on the first day of January of
the present year, the amount surd
for heiu'-r t". (fH). The distress
ing accident occurred about 8;.'H)
a. in. on the morning of January
1, as Mr. Wanderholni was on his
way to his work at the pumping
station of the I'lallsmouth Water
company.
A blinding snow storm was rap
ing and the wind was blowing at
(he rate of forty miles per hour
from the north, when No. 15,
which was running a few minutes
behind Hie schedule time, came ; was a pari of his did ies to keep a
upon Mr. Wanderholm wit bout I constant lookout for obstructions
warn mar, when he hail covered I on Ihe track and lo warn the on
ahout three-fourths of the disl-Ujnecr of such, which the said
ance from tin
Hurlington station
to the pumping station, and hurl
ed him lifeless from the right-nf-
way. ft is supposed I hat neither
the llreman nor engineer of t he
train saw the unfortunate man as
the (rain did not stop nor report way and thai he was negligent in
at the next station that a man was hhus hemp found walking upon
struck. I the railway track, ft is expected
The plaintiff alleges in sub- I (hat I he contest will be spirited
stance that Ihe defendant com-j and the case closely tried. Some
pany owns and operates its trains of Ihe best latent the company can
cm a double line (rack bet ween i employ will appear for the de
Plallsmoiith and the pumping; sta-I fense, while Mr. (ierim? will try
tion, where Ihe deceased had the plainliff's side of the case.
FRANK Ml DECLARED
GUILTY BY IHE JURY
One of the Three Safe-Blowers
Will Go to Penitentiary for
Net Less Than 20 Years.
Prom Momlay'B Dally.
The jury in Ihe case of Ihe
Stale vs. Frank McCann Was out
less than an hour Saturday after
noon, Ihe rase having- been sub
mitted to Ihe jury about 3 o'clock.
On retiring- lo the jury room A. E.
Lake was circled foreman, and Ihe
twelve men lost no lime, but pot
busy sludyinp Ihe instruct ions of
the court and soon solved the
problem so far as (be guilt of Mc
Cann is concerned. When the
jury was brought bark into Ihe
room McCann was brought in and
liis attorney notified. When the
verdict of guilty was read and the
jury all gave assent, that it was
their verdict, on being asked if
Ihe defendant, desired Hie jury
polled, Mr. Mrilt. attorney fur Mc
Cann, replied, "No, your Honor."
The jury was I hen excused until
Monday afternoon.
The penalty for safe-blowing or
burglary by explosion is from 20
years lo life imprisonment, and
I his is the sentence (hat awaits
McCain). In lalkinp over Ihe mat
ter afterward, Mr. llritt staled
that while he was not so sure
about McCann and Doud, he knew
that Lytic was not with them at
Ihe lime the safe-blowing was
done.
On Ihe other hand, Mr. Sla
haugh and County Atloiyiey Taylor
are just as sure I hat Lytic, was the
third man in Ihe I Ho. Lytlo ap
pears lo lie sick, and it has been
sutrpesled I hat he is addicted In
the use of drugs; in fact, lie has
R bail color. The men, with the
exception of Doud, have changed
their appearance somewhat since
their visit lo South Hend and
Louisville, McCann havinp grown
moustache and I.ylle a full
henrd in Iho intervening weeks.
Pond and Lylle will not be tried
until January 15, owing to im
portant civil rases taking the lime
f the court this week.
I
worked for over a vcar; that an
implied invilalion had been given
liy the company to the aid Oscar
Wanderholni In traverse the com
pany's righl-of-way to and from
his work, and there was no other
way
i reach I h
slat ion
except over t he
of-way. Thai
was in the habil
his work each
defendant's righl
Mr. Wanderholm
of going noi'l h to
morning on the
east-bound track and return iuy
from work at niulil over the west
bound track. Thai Hi" company
knew, this, hut. nevertheless, on
the lirl day of January, without
informing Mr. Wiinderholui of
any change i:i He' operal ion of its
trains, the defendant coripany ran
its west-bound train No. IT) over
and upon (he east-bound track,
ami
w
n'le Mr. Wandm-l
was
pursti
his wav to his work, as
usual, the company negligently
ran its engine and cars over him,
causing liis immediate death.
The ilefendanl. S. A. Sadie, was
lireinan on Xo. in that morning,
and the plaintiff alleges that it.
Sadie failed and neglected to do on
I hat. morning-, and in consequence
the deceased lost his life.
The defendants deny liability
and allege that the deceased was
a tresspasser on their righl-of-
In the District Court.
From Tuesday's Pnlly.
Ill the district, court today
Judge Cochran of York and a jury
began Ihe trial of the case of
Julia Wanderholm against the
liurlinglon Railway company for
the death of her husband, caused
by a liurlinglon train running
Mr. Wanderholni down January
first, last. The jury was select
ed before noon and pari of Ihe
witnesses for Ihe plaintiff exam
ined. The jury consists of the
following named men: William
Atchison, John W. Hhuga, John
Haulh, John Klliol, John Schroed
er, Edward Eager, Fred Stock,
James Xiday, Oscar Capon, A. C.
Clymer , Charles Noyes and E.
Norris. Itul one man was reject
ed by either side and this gen! Io
nian was on Ihe coroner's jury,
which speaks well for Ihe quality
of the men on the present panel,
they being men of uniues!ioned
character. At Ihe lime of going
to press eight
plaintiff had
sworn.
witnesses for the
1 n called
and
Goes to Minneapolis.
From Tuesday' Dally.
(leorge Morrison resigned his
position wilh E. Wind's general
store, and today departed for
Minneapolis, where lie has ac
cepted a remunerative position in
Ihe job department of one of the
leading dailies of that city. We
are sorry lo lose Mr. Morrison
from the circles of the young men
of I liu rily. Ho has always been
in the front rank in every move
ment for the good of Ihe young
people of the town and will be
greatly missed. His latent de
manded a wider Held, ami in Min
neapolis we fell sure he will meet
Ihe expectations of his employers,
and without ipieslion we shall
hear of ( ieorge later.
Clerk for County Court.
Juduc Iti'i-son I'leil with Ihe
county comtej' - ionci's loday Ihn
appointment of Miss Cretrude
Heeson as clerk in Ihe counlv
judgi
'IFce nl a ;larv of l.u00
per annum for Lvo vem-n. The
appoinlnient and salary were ap
proved by the board.
Rzmodels Home.
Walter Sroll. is just completing
jllll' remodeling of his llOlllt' on
North Ti'iitli street, putting in new
wood-work, bathroom, electric
i light and making a modern home
in every way. Mr. Seolt lias a
lieaulifnl loealion near the Ma-i
ili''"',' ih!''0tcnor will 'have
one ol I lie prei I tesi Homes in I ne
ciiv. i lie ear nenier
work has
been done by William Ilrissoy,
'John Uenlaiul has had I he eon
I Irael for tin brick work, John
Kinser has done the pla.
and I lie elect rie w irin;? wa
bv (iuy Heece, one of the
electricians of the city.
lering
done
expert
VJililam Albee, Who Met With Ac
cident at fclliance, Visits Wife's
F?rcrt3 in Pliltsrnouth. .
l
W 1 1 !
!iai:i .Mliec. Ilie linloi
U 1 1 a I C '
I, 1 1 j .j i
young
ha nils
Allian.
pan ieil
arrivei
Albee':
man who bad hot I
Liken i',i' in an accident a
a few weeks ago, aceom
iv liis wife and children
at Thur-dav to visit Mrs
parents, Mr. and Mrs
llarwiek, for a short lime. Mr.
Albee has been at Hie home of his
parents at Clou wood for a month,
and will remove from Alliance to
(Hen Wooi
and make his future
home I here.
At Hie time tlii- accidenl oc
curred, as related by Mr. Albee
himself, he was switching for the
liurlinglon ami was not regularly
employed at that work, hut was a
clerk in the oilier at. the store
house. On Ihe night of Ihe ac
cident he was helping out on ac
count of Ihe force being short, and
Ihe I rain that was being made up
was pushed in on a track that he
was told was clear. At the time
he was struck an electric head
light so blinded him that he did
not. see the car that knocked him
down. He was thrown on the
track in such a position that he
would have been instantly killed
had he not grasped the rail with
both hands and thrown himscir
outside the rails.
Mr. Albee was in Ihe hospital
only a few weeks, his splendid
constitution coming lo his aid in
withstanding Ihe shock. Indeed,
he was nol in bed at all and a few
hours after Ihe operation was able
lo walk about. He will devote
himself to Ihe si inly of law, and
after reading a year al homo will
enter a law school and lake a
course and prepare himself for
Hie practice.
Miss Trilety Gives Box Social.
The pupils and their teacher,
Miss Helen Trilety, of district No.
.17, located about lliree miles west
of Ihis city, held a most delight
ful box social and program at the
school house Saturday evening.
Miss Trilely does nol do things in
a half-way manner and the pro
gram and entertainment on Ihis
occasion was exceedingly line and
a most interesting one. The
school room, v rrv al I nu t i oly and
appropirately decorated, was
crowded wilh Ihe parents and
friends of Ihe pupils and Iheir
teacher. The evening's cnlerlain
lnenl was opened with Ihe pro
graid by the pupils and consisted
of some most excellent numbers,
there being songs, recitations,
dialogues and Ihe like. This pro
gram was very much enjoyed by
the large number in attendance.
After the program a large number
of handsomely decorated boxes,
tilled wilh delicious lunches, were
sold al auction and the crowd bad
a merry time bidding. The sale of
these boxes nelted I he neat sum
of S.iri.10, and this amouril will be
used for supplies for Ihe school.
After all Ihe boxes bad been dis
posed of the lunches were spread
and all joined in the banquet.
Miss Trilefy wishes lo lhank all
who so kindly assisted her in ar
raugimr for Ibis entertainment
and i'l "'nking il a success, both
in a social ami financial wav.
Park Chriswisser of Dunbar
came up Saturday lo visit his par
ents, nennelt Chriswisser and
wife, for a short lime. Park has
been suffering from an nllack of
appenilicil is for some time, and
will enter a hospital soon for an
operal ion.
YOUNG HAN ill !
I
t "ItlilJIIIZEIIS SHOULD ATTEND TBE BIO
io h al mm
Funeral Occurred This Afternoon
Under Auspices of the
Masonic Order.
From Tut'sili'.y's Dully.
K. II. Hoot h. an old and highly
respected citizen of this city died
al liis lale residence on West
Granite slrect Saturday about
7 :.' p. in. Mr. linoHi had been
confined in lie, only a short
I iuie, but had been in rat her poor
health for several months.
, Vr. lloolh was born in Middle
town, Conn., a little more Ihan
sixty-four vears ami, and grew to
voting manhood in Ihe east, hav
ing resided in l!oon, and for a
linif, before cumiiig west, in St.
I.ouis, While a resilient of St.
Louis u was married to Miss
Sarah Hilton. After residing in
SI. -Louis for some vears Mr. and
Mrs. lloolh went lo Cleveland. ).,
then to S. Joseph. Mo., and from
it. i 1 1 .
lli-i- lll- ir-lll- lll- tl
I in;'', later removing to Denver,
j ('"In., (Mid from that rily moved
j to I'lallsn, until. Mr. lloolh had
j been a resident of I his city for Ihe
I past eighteen vears, and had been
j in Hie employ, of the liurlinglon
I all that time, working in the paint
shop. He is survived bv his wife
and two sMers, Mrs. T. (!. (Jood
sell of St. Joseph, Mo., and Mrs.
S. Jl. Turner of Denver, both of
whom visited Mr. lloolh only a few
itavs ago.
Mr. lloolh was a consistent
member of the Episcopal church
ami a member of Ihe Masonic
order; also a member of the Loyal
Mystic Legion. The funeral, which
was in charge of Ihe Masons. I ho
pall-bearers being selected from
that fraternity, occurred at 2
o'clock this afternoon from St.
Luke's church, llishop Arlhur L.
Williams of Omaha conducting
the service.
The pall-bearers were; V. A.
Tippens, Harry Harlhobl, D. TL
Smith, L. II. Fgenberger, J. C.
Peterson ami Ed Lulz. Interment
was made in Oak Hill cemeterv.
C?rd of Thanks.
To the kind neighbors and
friends who have aided so much
during the lale illness and death
of my beloved husband, I desire lo
express my sincere thanks.
Mrs. E. H. Hoolh.
Not Like Some Plattsmouth People
We are informed that a young
lady who has lived in l'lallsmoiilli
most of her life, but is now a
resident of Omaha, came down
last Saturday from Ihe big, crowd
ed rily and went lo one of our
local merchants and bought a new
skirt and coal. She said that she
had purchased garments in Oma
ha and did not believe that she
had received good values for Ihe
money, and came lo l'latlsinoiilh,
where she had bought clothing
and goods all her life, knowing
I hal if I hey woer not as rep
resented she could relurn them
and gel. her money back. She also
slated that the price was lower
than Ihe same goods could be
bought for in Omaha, wilh a guar
antee to be as represented in the
deal. This young lady paid her
fare from Omaha to IMatlsnionlh,
while many are going from
Plat I sinoulh lo Omaha lo buy Ihe
very lino this holy was leaving.
Death of John Ellington.
Mrs. Laura Kennedy of Murray
changed cars hero Wednesday
evening, returning home from
Wabash, 'where she had been lo
allend Ihe funeral of her brother,
John Ellington, who died sudden
ly last Sunday night at his home
at Fairmont, Neb., the remains be
ing brought lo Wabash for inter
ment. The deceased was a resi
dent of Kock HlulTs a number of
years ago, and was quite well
known throughout the county in
those days. He was a son of the
lale William IL Ellington, who
was Cass county's llrst sherilf.
I'nion Ledger.
CONFETTI BALL.
Given by the "Just for Fun"
club of Omaha at Coates' hall.
This Is a novelty dance and the
first time Introduced hero. Cash
prize3 to bo given away. Every
body Invited and a good time as
sured all. Admission, 60o per
couple; 25o extra lady.
COIEBT THURSDAY. DECEIEB 28TB
Parmele Theater Should Be Packed to the Doors as a Tribute to
the Band Boys and Director Schulhoff Who Have Labored
to Produce the Best Band in the State.
There could not possibly be any
heller holiday amusement attrac
tion than the liurlinglon hand
concert that is to be given on
Thursday 'night, December "JH.
I his promises to be an attraction
that our inusic-lov ing people will
I have cause to remember.
ill
nt
Aside from Ihe enter
i feature Ihe benefit, is om
that!
I !nui Id appeal I
0 every ciliell who
lirst-class band in
1 one of Ihe finest
loves lo see a
our ii' idsl , an
musical organizations in the stall
of Nebraska. The money derivec
from the concert is to go for Ihe1
purpose of 'isiug uniforms
lor Ihe 'milicrs ol i " band, t hal
a -aib
Vv e
- ' - i.il.l
I up n tl
w odd a
ap
play de-
ice v . r. c
die. v lili
lie. Iii
'I 1"
four
bov s
giv i tr
m m-l nig.
1 uniforms w ill co
hui'dri d dollars.
I lin e or
and I he
plan of
bae hi! upon III
;' a series of three
concerts i
during Ihe winter in order lo en
able them lo purchase uniforms
without soliciling aid direct from
Hie business men of the city.
Everybody can afford to attend
Ihese concerts, and the price of
admission is so low that it will
nol lie nol iced to any great extent
by anyone. In Ihis manner every
one, can assist a little, in this
worl by object.
Our citizens generally are
Mr.
Moses Hialt the Unfortunate
Sufferer A Highly Re
spected Citizen.
From Monday's Pallv.
Moses lliall, an aged ami highly
respected citizen of Plattsmouth,
last Saturday night suffered from
a stroke of paralysis and has been
in a critical condition since I hat
lime. His condition this morning
had not changed materially from
yesterday morning. A physician
was called at once, but could do
nothing lo relievo Mr. Iliad and
the near relatives were informed
that a second stroke might occur
nl any lime. The disease attack
ed Ihe brain, and while the arms
and feet of Ihe palient are not af
fected, yet he is unconscious of
what transpires about him.
The nllack came on about 11
o'clock 'Saturday night, Mr. Hialt
having retired for the night, and
he passed a very bad night. Mr.
Iliad is 70 years of age and has
nol boon strong for some time,
nnd in addition has been troubled
with a harrassing cough until his
strength is well nigh gone.
Everything Dial can be done to
relieve Mr. Hialt and all that
medical skill can do has been
done, but for Ihe peculiar disease
(hero is little than can lie done.
. The M. P.'s Fine Train.
Commencing the llrsl of the
year I ho Missouri Pacille Railroad
company wilt install lurniigli ram
service between Omaha and SI.
Louis. The cars will be of sleel
construction, electric lighted and
modern. Each train will carry
two standard sleepers, a parlor
car, a cafe ami library ami bag
gage car. The train from Omaha
will leave the Union station about
o'clock, ami arrive in SI. Louis
al 8 the following morning.
Loses Christmas Money.
A jittle girl, whoso name we did
not learn, came to the Journal
oflloe heart-broken and in tears
Saturday afternoon. Her Christ
mas money I hat she had so care
fully saved and horded, amounting
to 80 cents, was lost, as well as
her piickelbook, in which die
money was carried. She missed it,
at die I0-cenl store. This notion
is made by the Journal wilh Iho
hope that the person who found
the purse and money will see I hat
Ml is relumed lo the lillle girl.
OLD CITIZEN SICK
55
SI
ill
proud of the liui liugloii hand, and
heretofore have responded well to
their solicilal ions, and they will
respond liberally in the way of
attending these concerts. The
hevs are si riv ing to give a con-
ceil thai will prove more than
worl by of I he al tendance of every
lone of our citizens, so the boys
art- not asking a charity eon-
t iiluil imi. They are simply ask
ing, in the. planning of these con
certs, for ytuir amusement , to give
vmi value received for your
i.ioiicv, and their aim is to more
than pica
Every business man
should
mil Ice
that Hi
appoint, himself a com
of one to assist ill seeing
e lliirliiu-'lon band is greet-
c, bv Hie
argesl audience thai
ever a
llieater, emitted in Ihe I'armele
on Thiirsdav night, De
cember -'M.
The Journal is proud oT the
lhirlingloii band, as it is of everv
..ii..,., ,,,,ni,. ij u ,! i,, i. in
city, and in our humble way will
do all we can lo help Hie boys on
ward and upward to the place they
properly belnng- one of Ihe lincst.
musical organizations west of (he
Mississippi river, and everyone
having the best interests of
Plaltsinoiilh at heart should feel
the same as (he Journal does.
Make your arrangements to at
tend the first concert Thursday
night, December 28.
Doud Wanted In North Dakota.
From TiiPHtlBy'ii Pally.
Sheriff William Itroud of Wil
liston, N. ., go I a coirl reception
from his former hoarder, John
Doud, one of the men charged
with safe-blowing, when he
called al the county jail
yesterday. Sheriff Hrond was ad
mitted lo Ihe, jail lo identify Doud
as a prisoner who had escaped
from Ihe Williams county jail not
many months ago, by healing Ihe
sheriff into insensibility. When
Mr. Ilronil came into Ihe presence,
of Doud Ihe laller affected not lo
recognize him, and when asked by
the sheriff if ho recognized Ihe
North Dakota sheriff, Ihe prisoner
replied that ho did nol.
The reply seemed lo mdllo (hp
William county olliical, and bo
addressed Doud in very omphalic
language, calling him a thief and
a prevaricator, olc. Sheriff flrond
positively identitled Doud as being
a man in his jail for stealing
shoos, ami al an unguarded mom
ent I lie sherilf was knocked down
and biiilly beaten by Ihe prisoner,
who made his escape and is still
wanted for Ihe crime.
Sherilf Oiiinlon could not think
of letting Doud go wilh Ihe Xorlh
naiMtia sncriii wniie Hie serums
charge of safe-blowing is pending
against him in this court, but as
soon as Ihe Nebraska law has
1 n satisfied, which has been
violated by Ihe prisoner, the N'orlh
itDakula sherilf then wants Doud
for his crimes in that stale.
Xmas Time at Holly's.
That "Christ mas I ime is joy
lime" js evidenced at Ihe clolhing
store of our good friend. William
Holly, and if you will step in at
bis clothing emporium he will
convince you that the mntlo above
is a true niie. His window dis
play evidences the Xmas spirit in
(bo greatest degree.. A brick
chimney creation with the old
time fire place and Ihe red (lames
burning about the sticks of wood
make a realistic picture, calling
back Iho old-fashioned Christmas.
The annual meelir. of the
Earinerss' Mutual Fin- ..ml Live
Stock Insnrnnce rompaip of Cass
county, Nebraska, will 't held al
die lleil school house m :islrief
No. 8S. on Salurdav, ",v C.I h.
al 1:30 o'clock p. in., ' ! pur
pose of the election o! i, .,. rs for
Iho coming year ami to i n-aet
sitch business dial ma como
legally before die meeli r
J. P. Falter. Si 'im. ,y.
12-21-r,n.wk.