The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, April 29, 1912, Image 2

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This Is the Case in Which Becker Was Convicted of Receiving
Wheat Stolen by Jack Crawford From the Bins of R. L. Propst
and For Which He Was Sentenced to Penitentiary.
The ease of the State vs. Wil
liam Herker, whirh was tried in
the district court of this county
and appealed to the supreme
court, I he rulings of Judge Travis
on the evidence have heen sus
tained in the supreme court in
every instance and the verdict and
judgment of this court sustained.
This is the case in which Heck
er was convicted of receiving
wheat stolen by Jack Crawford
from the bins of 11. I,. Propst on
the farm between this city and
Louisville. One load of the wheat
was found in Itecker's bin and tin1
balance of the missing crop was
traced to Cedar Creek, where it
was sold by Crawford, although
delivered by him with Itecker's
team and wagon. The check drawn
for the wheat was made payable
to Becker. The following is the
syllabus of the decision handed
down by the supreme court:
Herker vs. State. Krror, Cass.
Affirmed. Sedgwick, J.
1. It must necessarily be left
to the sound discretion of lint trial
court to determine under all of
the circumstances of a particular
case whether a conlinuance or
delay of the trial is required in
Ihe interests of justice. The rul
ing of the trial court thereon will
riot be held prejudicially er
roneous unless an abuse of dis
crel ion is clearly shown.
2. The defendant several
months before the trial employed
n linn of two attorneys for his
defense, the junior of whom acted
for him in the preliminary ex
amination. At the lime set for
Hie trial the senior member of Hie
firm, who was expected by both
of Hie said attorneys to take
charge of Ihe defense, was en
gaged in the trial of a case in an
other court and was so prevented
from being present at the trial.
The court appointed an ex
perienced attorney to aid the
junior counsel in the defense and
refused a conlinuance or further
delay of the trial. Held, no abuse
of discretion on Ihe pail of Hie
trial court requiring a reversal of
the judgment.
3. In a trial for receiving
stolen property, after evidence is
received tending to prove that the
property described in the infor
mation was stolen at or about the
time alleged, and that Ihe defend
ant had received the same, it is
competent to prove, as tending to
show guilty knowledge, that a
short time prior to that transac
tion the same person had stolen
property of a similar character,
which had been received by the
defendant and afterward sold by
the thief, and that the defendant
had also received and cashed a
check which had been delivered
to the thief in payment for the
4. In such case, if the stolen
property is sold by the thief, and
a check payable to defendant is
taken therefor, and the money
paid to the defendant thereon, the
check is competent in evidence as
a part of the transaction tending
to show knowledge on the part of
the defendant that Ihe property
described in the information was
stolen property when received by
5. It is not reversible error to
receive in evedience endorsements
on a check, not identified or ex
plained, when Ihe check itself is
properly received, and the en
dorsements are of such a char
acter as in no way to affect Ihe
parlies to the suit or the subject
matter of the. controversy.
('). The words in an instruc
tion: "The fact that he (Ihe de
fendant) has not been contradict
ed by other witnesses, if he has"
are not erroneous as implying
that, he has in fact been so contradicted.
7. II is not error lo refuse an
instruction containing Ihe state
meiil that "the law does not
favor confessions." When con
fessions of suit by the defendant
are properly admitted in evidence,
it is generally for the jury to de
termine what force and effect
shall be given sucli confessions
under the eircunisli.nccs o.f the
Laying of Pressed Brick Com
menced and Will Be Rushed
to Completion.
The bricklayers began laying
the pressed brick on the Modern
Woodmen building this afternoon.
The work will be pushed right
along as fast as the material ar
rives, and when completed will
be one of the finest buildings in
the city. The enterprise of the
M. W. A. in securing so valuable
a piece of property is to be com
mended. It will not only be a Hav
ing investment for the lodge, but
removes a long-slaniling eyesore
from one of the most frequented
corners m (own.
For thus lending impetus to the
ogan, "See Piatt siuoulh Suc
ceed," Hie M. W. A. will receive
the appreciation of every property
owner in I lie city. 1 tie nail will
be on the second floor and wailing
rooms for ladies as well as gentle
men will be provided and there
will not he found in the state a
hall with more and better con
veniences than the M. W. A. ball
of this city will have when completed.
A balcony to accommodate the
orchestra, which will furnish
music for the functions held in
Ihe hall, has been provided for and
Ihe building equipped in every
particular with modern con
veniences. The work on the
structure has pi ceded rapidly
considering the great amount to
be done. The finishing on the in
side will be. pushed right along
and will be well along by the time
Hie brick is laid.
John S. Hall Here.
John S. Hall, traveling sales
man for Ihe Standard Furnace and
Supply coirpanv, Sundaycd at
home, Inning come in from Silver
Creek. Neb., where he sold three
nice jobs Satin day against, the
red-hot comix I it ion which was on
the ground abend of him. Mr.
Hall left Ibis morning for llarl-
inglon. Neb., where ho will be Ibis
week. John S. is meeting with
line success with Ihe goods of his
Ouestion Where is the state j
of Texas located? !
Answer On the south side of
the American continent, between
the ret of the United Stales, Ilio
(irande river and the (iulf of
Mexico. J
Q. What is the size of Texas? ;
A. Two hundred and forty-two'
limes the size of Rhode Ijand.
Q. What is the foundation of
the marvelous prosperity of the
entire state?
A. The three C's.
J. What are they?
A. Cotton, Corn and Climate.
Q. Can this be expressed in
other words?
A. Yes. Artesian Wells, Oil
and Cattle.
(J. Why is Southern Texas
A. It contains San Antonio.
l). What is San Antonio?
A. The climatic capital of the
I'niled Stales.
Q. To what has it been liken
ed ?
A. Paradise, Heaven, Eden
and the Riviera.
Q. What does it most re
semble? A. It is a happy combination
of all of them.
O. What is the popualloin of
San Antonio?
' A. 100,000 boosters.
Q. What is a Hooster?
A. One who knows a good
thing and wants others lo come
and share it.
0. Of whom does the popula
tion of the city consist?
A. Mostly of tin.' people from
Iowa, together with a few former
residents oi otner states ami a
sprinkling of native sons.
Q. Into what two classes may
the people of the United Stales be
divided ?
A. Those who have already
seen Southern Texas and those
who intend to see it soon.
Q.--What are the eastern visit
ors called while visiting San Antonio?
A. Toiisists.
Q. What is a tourist?
A. A permanent resident in
the bud.
Q. What things may a tourist
see growing in and around San
Antonio that he does not see up
A. Oranges, ostriches, lemons,
woman's suffrage, bananas, cot
Ion, alligators, pineapples, olives,
missions, sardines, aqueducts,
tunas, bungalows, abalones,
loquales, casaba, melons, horned
Take Examination.
From Saturday's Dallj.
The following ,ist of eighth
grade pupils from the country
schools look the examinations in
Hie counly superintendent's otlice
Thursday and Friday of this
week. Those who failed in four
branches or less will be given a
second hearing al some dale in
May. Those failing in more than
four subjects will be required to
take Ihe eighth grade work again
next year. Those from the Plalls
mouth section are: (Sienna Joy
Marker, Rose M. Creamer, Martha
(Sapen, Elizabeth Hall, John Liv
ingston, Fanstine Murray, . Wil
liam Parkening, Vera Propst,
ll.ivmoml Kooknl Honor Srv4iei't
Ethel Seybert, Mabel Hummel, i""'1. submarine gardens, ync
Josephine Vallery. Howard Wiles. I rus eucalypl i-palms, pepper
White Plymouth Rock Eggs.
While Plymouth Rorx eggs for
sale at $3.00 per hundred. Mrs.
(Sen. A. KalTenberger, H. F. I). No.
2, Plattsmouth.
Elmer Welenkamp, Lillian Adams,
Herman (Sreeder, Fred Speck,
Margaret Moore and (Sussie (iood.
There are fourteen other points
in the counly where this examina
tion is held, there being over 300
pupils lo take litis examination.
ANY man or young
man (special em
phasis ON THE LAT
TER,) needs the ad
vantage of good
clothes; well fitting;
well made; correct
in style; all wool;
and one other im
portant thing neat
in pattern.
We'll show you
clothes that will
make you worth
more to yourself.
They're here all
ready for you to
wear. A great variety. Priced from
$15.00 to $30.00.
I have arranged to gci a rato
of $30.00 round trip to Dermott,
Arkansas, on the second day of
May, where we have 15,000 acres
of fine farm lands for sale. Those
niying land while there will have
I heir railroad fare returned. For
further particulars apply to or
T. L. Amick, Mynard, Neb.
See the exhibit at J. L. Russell's
Riley Hotel liar.
Coprrifht 1S12, Altai Vkkm k Cda
Manhattan Shirts
Stetson Hats
po in sett ias, Thanksgiving
Christ mas si raw berries
Year's radishes and let-
Fire Loss Paid Promptly.
William Ferguson, who had the
misfortune to his barn by
fire last Wednesday, was in the
city Saturday afternoon and had
in his possession a check cover
ing his insurance, which was
given him that day by Mr. Fussel
of Nebraska City, agent of tho
Farmers' Mutual of Omaha, which
hail the policy on Ihe barn. Mr.
Ferguson al. once look out a policy
I rei
and New
Q. Does San Antonio belive in
hiding its light under a bushel?
A. It does not. In addition lo
showing the light it sets fire lo
Ihe bushel and make a conflagra
tion that attracts the attention of
the whole world.
Q. lias San Antonio any
agents working for if in the
A. Yes. Mr. Cyclone, Mr. ltliz
zard, Mr. Thunderstorm and Ihe
two Wave brothers, Messrs. Cold
and Hot.
O. Are they successful?
A. Highly so. They are send
ing thousands of people lo San
Antonio every year.
Q. Are (here any other large
cities in Texas?
A. Yes. Houston, flalveslon,
Dallas, Denison, Fort Worth and
several others.
Q. Are any of them going lo
be real cities?
A. Y'es.
0. Will any of Iheni ever calch
San Antonio?
A. Not in a thousand years.
0. When is the best lime to
come to San Antonio?
A. At once.
Q. What is tin' only way to
Designed by Rnscnwald
Weil, Chicago.
The "Raglan" Gabardine
(Illustrated) was designed not only to
give service as a raincoat but also an
outer garment for cold, chilly days.
The military collar, Raglan should
ers, slanting slash pockets, make this
garment "a happy thought for sun
shine and showers'. Moreover, the
material isproofed by the "0Ct$T
secret process, making a rainproof
A varied stock including all the latest
effects awaits your inspection.
$6 to $35
C. E. Wescoll's Sons
7 VI
E endeavor
to jgive you
the best of everything for
the money you spend.
Therefore, in selling you
STETSON hats we sell
you the best hats made. The
"Stetson" sets the styles for
men's hats, which means, of
course, that in selecting a
"Stetson" hat now you are
getting the latest Spring style
Price $3.50 to $5
C. E, Wescolt's Sons
It Will Cost the Successful Can
didates More in the Gen
eral Election.
The following named gentlemen
have tiled with the ;lerk of the
county a list of their expenses in
the recent primary election: J.
J. Gust in, candidate for rep
resentative; A. (i. Nolting, can
didate for county commissioner;
W. It. Bryan, candidate for coun
ly assessor, and Julius Pilz, can
didate for county commissioner,
all on the democratic fiekcl, were
out only their filing fee of ..r each,
(i. W. Olsen, candidate for rep
resentative, and W. H. Manning,
candidate fop the slate senate, ex
ceeded their filing fee by a small
amount, Mr. Olsen's expense be
ing 8, while Mr. Manning's bill
amounted to $14.50, and of this
amount $11.50 was expended for
printing, -$5 tiling fee and .$1.50
each for traveling expense and
hotel bills. Among the republican
candidates tiling accounts are: L.
A. Tyson, fur county assessor; C.
II. Taylor, for county attorney,
and O. C. Dovey for float rep
resentative, each expending the
tiling fee of $5. William Weber,
candidate for county commission
er, expended $8.
Splendid Program.
A good house greeted Ihei
Hreckenridge Stock company last
night at the Overland and it is
safe to say that the majority were
much pleased with the production
of "Down Where the Cotton Blos
soms (irow," a typical play of the
days "befoh de wah." The story
is a sweet one, with no exaggera
tion and is lold simply and direct
ly. Mr. Hreckenridge as (i. Whit
laker, the Yankee lawyer; Miss
Folsom as the Connecticut school
ma'am, and Mr. Klsworth, as Ihe
guardian of the soul hern belles,
were the "winners" with Ihe
house last night. Mr. Hrecken
ridge essayed a comedy role that
Ills him much better than any he
has tried before, and he received
much applause from Ihe spectators.
The Hrekenridge people are
ladies and gentlemen in every par
ticular, I hey have won a place in
Ihe hearts of Nebraska City play
goers and we commend I hem to
the good people of Plattsmouth,
where they appear next week.
Nebraska City Press.
on his household goods in the
same comnanv. He is will itlin-i
.l u ilh 111., ov'n.wliliolw ...n. ....... . I IcllVC Sail AllfolliO?
which Ihe company settled the
loss and commends it very highly,
as well as its gentlemanly agent,
who treated Mr. Ferguson with
every courtesy.
Relay Brick Walk.
Falter i Thierolf are having
Ihe brick walk in front of their
clothing store relaid, the same
having settled somewhat uneven.
This enterprising linn expects lo
keep their store and premises
right in the front rank of neat
ness and style. .1. II. McMaken is
superintending Ihe relaying,
which means a No. I job will be
Ihe result.
For Infants and Children.
Ttia Rind You Have Always Ito'tgM
A. Temporarily.
Q. When will San Antonio
cease lo exceed the speed limit in
A. When flabriel blows his
See W. F. Rosenrrans and buy a
lot in I.os Angeles Heights Addi
tion to San Antonio.
Bears the
Sljpiature of
SIX sD .i
J. W. Amick In Town.
John W. Amick, one of Ihe
prosperous farmers of near
Weeping Water, spent Sunday in
this city, a guest of his brother,
Pave, and other relatives. Mr.
Amick has been one of the Jour
nal's valued readers for a long
lime, and he dropped in and re
newed his subscription while in
Ihe city.
Can It Be Possible?
The circus will be here Satur
day, May t, and so will Ueorge
Snyder, Hob Hlack and. Mob Propst.
Ihe memory of these gentlemen
goes back lo their old home in
Virginia, when on circus day Ihe
Will Also Run as Democrat.
(V II. Taylor, who hied as a
candidate for county attorney on
Ihe republican ticket, received
enough democratic voles in I he
recent primary to nominate him
on the democratic ticket, and on
the 23d inst. he filed his accept
ance as a democrat.
William Starkjohn returned
Saturday afternoon from the
northwestern part of the state,
where he had business mailers
which demanded his attention.
Cora L. Shay, Sarah M. Hess, Wallace
Hens, Franklin W. Creamer, Ada May
( reamer, John A. Wright. Ethel
Wright, John Groff, sr., Phoebe Uroff,
JJ'arles J. Uroff, Ira C. Oroff, Mary A.
Groff, Clara J. UrolT and Helice E.
tiroff defendants, will take notice that
on the 24th day of April, 1912, Isaiah L.
Creamer, plaintiff herein, filed his
petition, In the District Court of Cans
County, Nebraska, against said de
fendants and others, the object and
prayer of which are to determine the
rights of all of said parties In and to
the west half of the north east quarter
of Section 13, Township 10, North,
Hange 9, Kast of the 6th P. M., In Cass
County, Nebraska, and to partition the
same according to the respective rights
of the parties to said action and if the
same cunnot be equitably divided that
said premises will he sold and the pro
ceeds thereof be divided between the
parties according to their respective
Vou and each of you are required to
answer said petition on or before the
3rd day of June, 1912.
lnted this 24th dav of April. 1912.
By 1). O. mViHU, His Attorney.
Notice Is hereby given that by virtue
of a chattel mortgage, dated June 15th,
1911. and dlllv filed In tilt, nltlnu nf tl.A
neighbors would load Ihe enl ire ! r,t o.c.?8?.
' - -' - ""ill J - l t U IIT7(
family into the wagon and some
article of furniture, such as (he
cook stove, and go to the circus,
if it did lake Ihe price of the cook
stove lo gel I hem inside Ihe lent.
Mr. Snyder thinks it is possible
I hat he and Mr. Props), may have
to sell a cow, but I hey would
sooner do it than to miss the
circus. They've got to see that
circus regardless of expense, and
it was the talk last Saturday that
if I hey couldn't raise the money
any other way Ihe best cow would
have (o K".
Col. J. II. Thrasher and Harry
Smith, Ihe real estate brokers,
were able to be on Ihe street to
day, after a seine of rheumatism,
brought on by the recent rainy
spell of weather.
Will Undergo Operation.
Mrs. II. S. Austin, accompanied
by Mr. Austin, left this afternoon
for Omaha, where Mrs. Austin will
enter a hospital for Ihe purpose
of undergoing an operation for
appendicitis. She will probably
go lo Immanuel hospital. Or.
Davis will perform the operation.
J. F. Meisinger drove in from
his farm Saturday and took din
ner with his parents, Mr. and Mrs.
Conrad Meisinger, and did the
week-end trailing al Ihe stores.
and executed by Harry Mattlce to Ben
llll. to secure the pavment of the sum
of 1600.00, and upon which there Is now
due the sum of $1(00.70.
The said Harry Mattlce, having
abandoned the mortgaged property
hereinafter described and thereby mak
ing default, and said mortgagee deem
ing himself insecure in the pavment of
said sum; that no suit or other pro
ceedings at law having been Instituted
to recover said debt or any part there
of therefore, I will sell the property
therein described to-wlt:
One Avery Knglne, 16 horse-power;
one Avery threshing separator No. 3756,
with wind stacker and self-feeder com
plete, and one Avery water tank, at
public auction at the house of Nick
Ki lcdrlch, one mile south of Murray, In
Cuss Counly, Nebraska, on the 11th day
of May, 1912, at 2 o'clock p. m. of said
Hated April IRth, 1912.
HKN DILL. Mortgagee.
To All Tersons Whomsoever:
Notice Is hereby given that a peti
tion has been filed In the County Court
of Cass County, Nebraska, entitled
In the Matter of the F.state of Thomas
J. Fountain, Derensed, and alleging
that said deceased died leaving no last
will and testament and pravlng for ad
ministration upon his estate.
A hearing will be had upon said
petition on the 18th dav of Mav, 1912,
at the County Court lioom at "1'latts
mouth. Nebraska, at 10 o'clock A. M.,
when nny and all objections to such
petition will be heard, and letters of
administration be granted to Isabelle
A. McUlnness or some other suitable
person to proceed to the settlement of
said estate.
Witness my hand and the seal of said
Court at I'lattsmouth, Nebraska, this
2Hh day of April. 1912.
County Judge.
O. O. nWYKH, Attorney for Kstate.