Neb state llistuncul Sue
ttamoutb Soitota
0-
VOLUME XXXI.
PLATTSMOUTH, NEBRASKA, MONDAY, MAY 20, 1912.
NO. 39.
IDE COMMERCIAL CLUB ED A MOST
llll!
ENTHUSIASTIC LAST NIGHT
II
A Great Many Important Business Matters Were Taken Up and
Disposed of, and Committee Was Appointed to Raise $1,000,
by Subscriptions of $1 Each to Advertise Plattsmouth.
from Friday's Dally.
The Commercial club held it
regular meeting last night with
a fairly good attendance and held
a busy session of over two hours'
duration. The first matter, after
disposing of the minutes and
communications, in the order of
business was a report from the
special committee on the road to
the Platte river bridge. Mr. J..
P. Falter slated that, as directed
by the club, he, with Messrs. Tidd
and Pollock, had invited the comi
ty commissioners to view Ihe pro
posed new road, as well as the
sandy condition of the old route,
with the result that a road had
been procured through the prop
erties of the Burlington,. Henry
Born and Mr. Nord, and that a
good black dirl road, with no sand,
had been assured. The commis
sioners had ordered a bridge built
over the small creek on the route,
and while the road had not yet
been graded, it was a good road,
and fur their prompt alien! ion in
the matter Ihe commissioners
were tendered a vote of thanks by
(he club.
Ilea Patterson, chairman of Ihe
committee lo procure better train
service for the city, reported that
the committee had interviewed Mr.
Wakcley, general passenger agent,
who seemed much interested in
the matter and agreed to take the
matter up with the proper parties
at a very early date.
On suggestion of Superintend
ent X. C. Abbott, to whnm the d.
A. R. and "W. H. C. have turned
over the entire management of
the Decora! ion day program and
exercises, a motion was adopted
requesting Ihe mayor of Platts
mouth to issue a proclamation to
Ihe business men to close their
places of Ibusiness on Decoration
day from 9:15 to 10:30 a. m., dur
ing the 'exercises at the opera
hous-e..
The matter of advertising the
city with a view of promoting an
increase of our population, was
taken up and discussed at some
length. It was the opinion of the
membership present that $1,000
could be expended in this way
and bring a profit to every line of
business and trade and occupa
tion in the town. To popularize
Ihe movement and give everyone
a chance to share in the burdens,
as well as in Ihe profits, it was
suggested that a dollar contribu
tion from 1,000 men in all lines
of industry and business would be
the just and fair way lo distribute
Ihe assessment, as well as the
pleasure of doing something for
Ihe community. It was argued
that it was not just and fair to
expect, 50 men to donate $20 each,
when over 1,000 men would share
in the prosperity Ihe $1,000
judiciously expended winild bring
!o Ihe en! ire industrial com
munity. It was suggested thai
the newspapers of the city raise.
the "hue and cry" for the $1 sub
scription and thus get 1he leven
lo working. A committee consist
ing of A. I,. Tidd, J. P. Falter and
K. H. Wcsrott was aptMiinted lo
manage the campaign.
The old committee on Burliivg
lon band concerts, consisting of
E. II. Wescolt, Emit Wurl ami
Philip Thierolf, was directed lo
proceed lo raise funds to con
tinue the concerts tins summer.
It was suggested the concerts be
held in some place to lie provided
and not on the slrcet, as
previously.
Jacob Meisinger in Town.
From Friday's Dally.
Jacob Meisinger and wife have
been on the farm during the two
weeks their son, John, jr., has
been in Ihe hospital, and Mr.
Meisinger drove in this morning to
get some groceries to tide them
over Ihe week. He expects to go
lo Omaha tomorrow to accompany
his son from the hospital. The
farmers in Mr. Meisinger' s neigh
borhood are through planting
corn and some pieces are com
ing up nicely. The corn just
planted is sprouting and Ihe
farmers are feeling line over Ihe
good prospect for good crops.
TROUBLE RENEWED
CASE OF GER N6 VS
LEYDA IS DECIDED
i .
Evidence Against Plaintiff Insuf
ficient and Opinion Filed May
13, 1912, Faucett, Judge.
ANXIOUS TO BECOME
on
A Large Number of Foreign Born
Citizens Will Ask for
Seocnd Papers.
A large number of foreign born
citizens will take out their second
naturalization papers on the first
day of the next term of the .dis
trict court. Their residejaoos .arc
in different localities in the (Coun
ty, but quite a number Svam
Plattsmouth. The names,, nilaeos
of birth, date of arrival :in ithe
United Slates and place wulh
their posloMre addrcsess .are
posted in Ihe office of the clerk xf
the court and are as follows.:
A. Anderson, born in Sweden,
arrived in New York August l,
1 881, address Weeping Water;
Senerin Krcjoci, birthplace Aus
tria, arrived in .New York June 9,
1908, lives in Plattsmouth; Vaclav
Jonea, birthplace Austria, arrived
in New York September 30, 11)03,
address Piatt smoulh; Ferdinand
Duda, born in Austria, came lo
New York in 1 903, resides in
Plattsmoulh; Edward John Jeary,
England, arrived at Philadelphia
August 11, 11)01, address Elm
wood; Charles Robert Trenholm,
Canada, came lo Vermont April
13, 1881), resides at Kim wood;
Frank and Peler Houka, Austria,
arricd at (ialvcstoii May 2(5, 11)00,
lives in Plattsmoulh; Joseph
Rouka, native of Austria, arrived
in New York December 25, 1905,
resides in this city; Malej Sedlak
and Frank Slatinsky, born in Aus
tria, came to New York in 1901,
reside in Plattsmoulh; Henry
Riechman,' native of (Scrmany,
came to New York May 18, 188 4,
gets his mail at Murdock; (leorge
Adam KalTenberger, native of
Germany, arrived in New Y'ork
February, 1887, gets his mail a!
Plattsmouth; Joseph Y'oungquist,
burn in Sweden, came to New Y'ork
March 30, 1889, resides at Avoca;
Adolpb Wesch, born in fiermany,
came, to New Y'ork September 13,
1903, gets his mail at Platts-
moutu;
flermany, came to Baltimore Tsfl
veinber 20, 1905, Plattsmoulh i
his address; Alfred Julius Neil
son, native of Denmark, arrived
in New York May 1, 1905, gels
mail at Weeping Water; Christian
Rasmussen, born in Denmark, ar
rived at Toledo December 17,
1903, lives at Wabash; Rasmus
Louritzen, born in fiermany, came
(o New Y'ork August 13, 1903, gets
mail at Weeping Water; Jens
Christian Chrislensen, bom in
Denmark, arrived in New York
April 20, 1903, receives mail at
Wabash; Herman Todter, native
of Germany, came to New Y'ork
October 27, 1904, resides near
Murdock; William Anderson, bora
in Sweden, came to Philadelphia
June 13, 1881, resides at Louis
ville.
ON EASTSIDEOF RIVER
Three-Foot Rise in 24 Houra the
Cau3e, and One Home Falls
in River.
The Clenwood Tribune of I be
lGlh contains the following on
reference to the renewed tremble
over at Folsom:
The changeable Missouri .river
began culling at Folsom again
Wednesday and Ihe light fur su
premacy, which has so often been
waged between the Burlington
railroad and Ihe river, is now on
again. Trains of workmeu art
being hurried to Folsmin and
preparations made for .another
light to save Ihe tracks..
The river began raising Wed
nesday nighl and j the next
Iwenly-four hours had raised
three feel. Iivermri t li ink th
rise is due lo heavy rains norlh
of here. Thursday .morning Ihe
river was falling.
TV river is now cutting just
below Hie big hole rut 'last month
Wednesday it was policed that i
rusbing currcnl, heretofore un-
not-ired, lwl set in against this
side. The river immediately bt
gam Mi11,iirg. At midnight Wed
nesday night the old Benne) t
bouse, which has lieen near Ihe
edge of the river where the recent
riprspping was Heaviest, was
uiu'lerin ine.il and tumbled 'in, dis
appearing immediately in the
swilling current. The riprapping
below 1be "big cut is being lorn
away by the change in the point
of heavy current.
Njbt. work will le resumed at
once, according l' Trainmaster
Hughes, who is in charge of the
work. Crew of nnmi have been
working every' day tor Ihe last
three weeks Throwing in cars of
rock where live deepest hdle was
washed.
Starts Menagerie.
iFrom Friday's Daily.
Will Egenberger yesterday pur
chased Ihe first of what will prob
altly be one of the largest mena
geries in this part of the state.
The speciman of wild animal was
one very rare in this locality and
was captured two weeks ago by
two Class county's famous hunt
ers, which adds to the value of
the specimen very much. The
animal just purchased is a red
fox, apparently about 2 or 3
months' old. The purchase was
made from Asbury Jacks, who,
with James Thomas, captured
the fox with two others, alive, one
week ago last Sunday. The hunt
ers round the cave where the
mol her fox nested, and smoked
Ihe little ones out; the old one was
loo sly for Ihem and died of suf
focation before it would be put
on exhibition. Mr. Jacks deliver
ed the young fox to Mr. Egen
berger yesterday afternoon.
Will Wot fie Prosecuted.
A spwclail f no m Washington to
the Omaha Wrld-Herald, under
.dale .of May df, ays:: Slansj John
son of Weeping Water, who was
held to Law violated lb' Oleomar
garine lawiand was subjected to a
Hive .of $225 hor.ause 'be .accom
modated a neighbor tradesman,
will uot W proHwul.od. Senator
Hitchcock received a leh'.er from
the eomtmssioner of jinlernal
revenue saying that while John
son wa guilty T a technical
violation of the law a penally
probably could not 'be (ufMeeted
and (hat the case woiuld be strop
ped. Johnson only collected
money from a baker on a butler
substitute that, for nonveniMicc,
was inehulcd in shipments of
other goods in Johnson frt'iii
Omaha.
In From Murray. .
From Friday's Dally.
II. C. Long, from west of Mur
ray, was in the city today, driving
in from his home this morning.
He was accompanied by Mrs. Long
and their daughter, Miss fiertrudc.
This is Mr. Long's first day to
town without the aid of his
crutches since he broke, his limb
Henry Steger, born in I several months ago.
Improve Their Properties.
Mrs. J. A. Murray, L. II. Karnes
and (leorge Shoeman, all of the
Second ward, have just completed
substantial improvements to their
residences in the way of concrete
walks and other repairs. Mr.
Karnes has built an addition to
his dwelling, W. F. Brissey doing
the carpenter work and A. W.
Brissey (he painting. The con
struction of Ihe walks, with the
other improvement, adds much
lo the appearance of Ihe resi
dences in the vicinity.
Take Examination Today.
From Saturday's Dally.
l no following nameil young
ladies spent the day with Miss
Foster, taking teachers' examina
lion; Kdilh Dean, fireenwood;
Bertha King, South Bend; Birdie
O.'Johnson, Murray; Mabel Tracy,
Louisville; Mayme Hoham, Louis
ville; Agnes Kennedy, Murray, and
Hilda Briakman, Piatt smoulh.
The following is a substance of
the opinion of the supreme court
in the matter of Henry R. (lering,
plaintiff, vs. John M. l.eyda, de
fendant: Aetioii in the district court for
Cass ; county for malicious
prosvutioiu Judgment for plain,
tiff for $1, Defendant appeals.
The complain! upon which the
plaintiff proseculed was tiled in
the county court of Cass county
by the county attorney, and
barged Ilia! defendant, being a
druggist with permit from the cily
council of the cily of Plattsmoulh
lo sell liquor for medicinal, me
chanical and chemical purposes
only, did, on July 5, 1908, unlaw
fully sell inloxical ing liquor, lo
wil: Whisky lo one Samuel
Beggs, "without first having
obtained a license and given bond
lo Ihe slate of Nebraska, as re
quired by law, authorizing him,
the said Henry R. (iering, to make
such sale of intoxicating liquor,
such sale not having been made
for medicinal, mechanical ' or
chemical purposes." Upon the
hearing of that complaint, Ihe de
fendant I here, plaintiff here, was
discharged and this action fol
lowed. The allegations against
the defendant, l.eyda, is that he
maliciously and without probable
cause, procured Ihe arrest, and
prosecution of plaintiff upon
complaint above set out. One of
the errors assigned by defendant,
and Ihe imly one we leem it
necessary lo consider, is t lint the
trial 'court erred in overruling his
request for a peremptory inslruc.
lion, and in submitting Ihe cast
lo Ihe jury.
The evidence of plaintiff him
self is that Beggs came to his
slore on Sunday, July 0, 1908
"lb said he wanled some whisky
I said: 'We don't sell it on Sun
day. lie said: ! want it for
medicine. I have got to have it
i am going to g into Ihe country
I asked liuii what his aame was
and wheiv lie lived and he told
me that lit was working out in
Ihe country. I says: 'Do ymi want
il for uwlk ine?' ami he aid, 'Yes,
sir, I do.' I asked him how much
he wanted and put it up Whim;
took his money anJ delivered the
goods lo ham, making Ihe .entry of
Ihe sale in the poison reiHer."
The poison register shwws thai
the sale was 12 ounces. The. con
trolling question is: Did. defend
ant, Leyda, procure the prosecu
tion of plaintiff maliciously and
without probable cause? The fact
I hat a man is prosecuted m .a
criminal charge through pi'tuiipl
ings of malice on the part o,f the
one instituting (he prowmilion,
is not sutlicieut ground upon
which lo base a suit for uuiUcjowH
prosecution, if there j probable
cause for such prosecution. There
must be both malice and want of
probable cause before such action
will lie. In this case (here is an
entire absence of evidence to show
that defendant made any false
representations whatever to Ihe
county attorney or did anything
improper in causing and tiling of
Ihe complaint, above set out. In
fact, the county attorney himself
testified (hat lie never counseled
wilh tlie defendant or asked his
advice, nor did he know that he
had with anyone else. lie suys he
met defendant on Ihe street, and
defendant said to him that he had
beard thai a man by Ihe name of
Beggs was gelling liquor at plain,
tiff's store; that he told defend
ant lhal he knew about it and had
the mailer in hand.
Without going jnlo the evidence
in detail, it is sufficient lo say lhal
it clearly establishes Ihe fact lhal
Ihe complaint ngainsl plaintiff
was filed by the county attorney
entirely upon his own initiative
and without procurement, on the
part of defendant. The petition
of plaintiff and his testimony
show that he sold a bottle of
whisky lo Beggs upon the mere
statement of Beggs that he want
ed it for medicine. The evidence
also shows that Beggs did not
purchase it for medicinal pur
poses. Admit! ing that he de
ceived plaintiff, that would not
establish the fact that, upon re
ceiving information of such sale,
the county attorney acted without
probable cause in tiling the com
plaint and prosecuting plaintiff
therefor. Bui, even so, viewed
from any standpoint, the evidence
in the record before us is entirely
insufficient to connect defendant
with the prosecution of plaintiff.
We think the court erred in not
directing Ihe jury to llnd for dc-'
fendant as requested. Plaintiff
has evidently concluded that there
is no substantial merit in his ac
tion, as his counsel have neither
submitted a brief nor appeared to
argue the case orally. The judg
ment of Ihe district court is there
fore reversed and the cause re
manded with direction to dismiss
Ihe action at plaintiff's costs.
ficnerul John C. Cowan, Hon.
John J. Sullivan and Matthew
(lering, attorneys for plaintiff, and
James E. l.eyda, Byron Clark and
W. A. Robertson, attorneys for
defendant.
ELEVEN PRISONERS
TRY SUICIDE ROUTE
FEDERATION OF HE
S S
Plattsmouth Branch Enjoys an
Interesting Meeting and Ad
dress by Penn P. Fodrea.
From Friday's Dally.
ihe Plattsiiioiilh branch of the
Federal ion of Nebraska Retailers
association held an interesting
session at the Commercial club
room last nighl. The meeting was
attended by a full membership, as
well as many persons who arc
not yet members, and was ad
dressed by Penn P. Fodrea, sec
retary of Ihe slate association am
editor of the Omaha Trade Ex
hibil. Mr. Fodrea talked on th
issues that are nearest every iner
chant s heart, bargain day or
sales day, how to al tract the trade
lo the town, (idling his hearers o
methods he had tried, of some
tried by others aud,J how, they
worked. lie also spoke of the
work of Ihe federation, Ihe good
already accomplished, and lhal
which was expected lo be attempt
ed in the near future. The speak
er mentioned some of Ihe benellci
ent legislation brought about by
Ihe efforts of the federal ion, and
spoke of oilier splendid measures
which Ihe federation would try to
have enacted into law at Ihe next
session of the legislature. The
address was a splendid effort from
a wide-awake business man and
held the attention of the mer
chants present until a lale hour.
Olllcers of Ihe Plaltsnioul.li as
sociation recently elected are:
Hmi il Wurl, president; John Cra
bill, vice president; Mike Hild,
treasurer, and A. L. Tidd, sec
James Hlgley of Plattsmouth Is
One Among the Number and
May Die.
From Saturday's Dally.
According to the Omaha papers
f this morning eleven prisoners
onflned in the county jail on sixty
and ninety-day sentences, at
tempted suicide by the gas route
eslerday. II appears from the
statement given to the press
lhal Ihe jailbirds had become dis-
ouraged over their prospect and
were mentally and physically sick
from eating prison grub, which
Ihey termed "scraps" and "foul
food," "green liver," ''string' and
other refuse in Iheir diet, and the.
eleven entered into a pact to
slmllle off Iheir mortal coil and
ml it all by turning on the gas.
When Ihe odor of gas became
strong in Ihe jailer's apart ment
he began lo investigate and dis
covered Ihe men lying mi a table
in Ihe "bull pen" in a more or less
unconscious condition, James
lligley, serving a sixty-day .sen-
lence, .was in a critical condition.
lying nearest the gas jel. lie was
hurried to the hospital about
noon in a dying condition, and
il was I bought that he could not
recover. The other len were
brought out of their stupor. None
of Ihe prisoners would tell who
turned on tin' gas.
The jailer delected an odor of
gas about 10 o'clock, but sup
posed il was a leak somewhere
about the jail and did not ex
amine into Ihe mailer until about
two hours later.
Young lligley was laken to
Omaha some days ago on a
charge of aiding Ihe men arrested
as "while slavers," but was re
leased from thai charge; but in
stead of coining back lo this city
ho hung around the jail where I he
two "slavers" were imprisoned,
and was again arrested and sent
ii I for sixty days on a charge of
vagrancy.
"Squaw" Shipped to Iowa.
From Friday's Dally.
William A, Fight yesterday
shipped his standard bred, regis
lered mare "Squaw" to Fremont,
Iowa, lo Don Tribbey, who will
trot the mare in a circuit
through Iowa and Illinois the
present season. The animal has
a mark of 2:1K'4 and can go in
much less and did lusl season, but
Mr. Fight prefers not to mark her
lower at present. She is a line
specimen of the thoroughbred
mare and during last season did
not go in n single race that she
did not bring off a purse. Her
earnings two years ago were $2,
800, ami last year almost as good.
The mare is a bright bay, 8 years
old. Don Tribbey, who will man
age her this season, is a skillei
tiriver, having driven very suc
cessfully for two seasons, lie will
slarl the mare at Fremonl Ibis
season.
Baseball at Codar Creek Sunday.
The enterprising village of
Cedar Creek is Ihe first in Ihe
rotiuly to organize a baseball
team for Ihe season of 11)12, and
Ihe old saying, "Ihe early bird
catches Ihe worm," holds good
with Ihe Ceilar Creek club. In Ihe
initlnl game of the season at
Mauley last Sunday Cedar Creek
won a holly contested game, Ihe
score being 7 lo 0. A return
game will lie played at Cedar Creek
next Sunday afternoon, when the
Cedar Creek club expects to keep
its place al Ihe top of Ihe list of
the Cass county league. Cedar
Creek, games won, 1; lost, 0;
Mauley, games won, 0; lost, 1,
elc.
W. C. T. U. at Nehawka.
Through the courtesy of Mr.
Charles Troop, Ihe visitors from
I his cily, Mesdames Troop, Van-
dcrcook, Zink and Moore, went and
relurned in Ihe auto, ami all but
one report a lovely trip through
Ihe country and all agreed on Ihe
line work done at. the institute
'I he genial chauffeur said il "look
ed pretty bad for one member of a
prohibition parly lo be distribut
ing Ihe contents of the stomach
ell along the road, both going and
coining from Ihe meeting." The;
un fortunate vict im feels that the
charms of "joy riding" ari not all
unmixed ami asserts positively
that if whisky intoxication is only
half so bad as "auto intoxica
tion," she wonders how uny mo
would ever knowingly lackle it the
second lime. The wink of the in
stitute was very enthusiastic. The
meeting was held in Ihe M. E.
church, which was profusely
decorated with Rowers, and Ihe
visitors were entertained at
private homes. Mrs. Yandercook
and Mrs. Zink represented the
Plattsmoulh union on the pro
gram and did it with great credit.
Mrs.. Daily, vice president of the
slate W. C. T. U., was there as
leader, and she is worth a host,
being well posted on all depart
ments, a good speaker and made a
pleasing address. School pupils
lllled the church in t he afternoon
and Mrs. Duller and Mrs. Daily
gave short talks on Ihe evils of
tobacco. Professor Clark of
Weeping Water gave the fact, that
during his observations of live
years he noted that the laggards
in his classes were Ihe tobacco
users. They were never at the
head of Ihe class, hut most al
ways at Ihe foot. The institute,
closed in Ihe evening with an nd
dress by Mrs. Daily.
Captured Eight Wolves.
From Saturday's Pally.
A. Childers came down on No.
I this morning fnun his home
near Oreapolis, having in his
custody eight young wolves, which
appeared to be about 2 months
old. Mr. Childers and his son
ruptured Ihe entire litter yester
day while trapping on Cedar Is
land in the Platte river. He of
fered Ihe wolves for
each.