The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, April 06, 1914, Image 1
Historical Soc Scl Slate I. VOL. XXXIII. PLATTS1YIOUTH, NEBRASKA, MOKDAY, APRIL 6, 1914. NO. 28. plattawioiuitb SUPREME COURT RENDERS DECISION III DOVEY MATTER Decision of the Douglas Coun'.y District Court Affirmed by State Supreme Court. From Saturday's Daily. The state supreme court, which f"i- some time past has iia.i under consideration the case if (icH';'i- K. and II. N. J). vs. O. C. Oovey, lo have a settlement made between 1 1 i .laint ids and defendant set aside, esterday rendered their decision attirming" the .i tuf criinii t of the lougIas county district court in favr of o. C. Iovey. The Oma ha Bee of this morning' gives the following outline of (tie case: The judgment of the district court of I)ouglas county is up held in an action brought by Oeorge E. Knvi'v and Horatio N. Jovey of PlaUsmoulh against Oliver C Dovey, A. C. Adams and the Sutton National bank, to re cover -S7,rno in money paid io (diver l)ovey and the return and cancellation of notes and mortg-aa-s given In secure ihe same. The evidence showed that Tieorg' lovey and-his father. F. (1. Ioey, were partners under the tiriii name of E. O. Dovey & Son at Plattsmouth. and Con tinued until the death of the elder Dovey. In the settlement of the estate a disagreement arose between Oliver and the other two heirs. Oeorge and Horatio. The latter two claimed that the ac countant selected to examine the books, acting under the advice of Oliver, presented an unjust re port, and then the latter demand ed a receiver for the u.-i-nes. The whole transaction covers a period of years from to the time the sui was brought, invoking withdrawal- of money, the busines-j i einir conducted by Oeorge F.. Dovey as the surviving member of the firm. The court finds that at fh" time the dissolution took place ir. 1 iOi Olier C. Dovey had an in terest in ?he firm of a least r, Ono, and taking into considera tion the pood will of the business w.iich had been successfully car ried on for more than thirty years, itr consideration for his withdrawal from the firm is not unjust. UNITED STATES DISTRICT ATTORNEY HOWELL TO EN FORGE FEDERAL GAME LAW From Saturdays uany. That, the recent United Stales migratory bird law, which forbids the killing of ducks, geese and similar birds during the seasons they go from one part of the country to another, will be en forced, is asserted by United States District. Attorney Frank Howell, replying to inquiries from all parts of the state. This is the first spring season since the law was passed, and ducks, geese, snipes and other migratory birds never were so thick in Ne braska. One resident of western Nebraska wrote Attorney Howell, declaring if the government ex pected to enforce the law it should provide against the ravages of the fowls on the wheat fields over which they passed in their journeys. Money Loaned. Six per cent loans on farms, orchard lands, city resident or business property, to buy, build, improve, extend or refund mortg ages or other securities; terms reasonable; special privileges. Correspondence invited. Com monwealth Securities Loan Com pany, R. 767 Gas and Electric Bldg., Denver, Colorado. 749 llenrv Bldff.. Seattle, Washington. 3-30-4tw Gives Verdict for Plaintiffs. From Saturday's Daily. The Case of McCarthy & Sturm vs. the Missouri 1'acific Railwav company, which was on for se era! hours yesterday before Judge lleeson in the count v court, was finally decided by tin court giving a .judgment in favor of the plaintiff grain company for 122. There were a numbei of claims made by the plaintiff.- that, were outlawed and these were not allowed in the claim of the plaintiffs. TO CELEBRATE EASTER Beautiful and Impressive Cerv ices Will Take Place at the Methodist Church. The Methodist choir and Glee club have arranged a splendid program of sacred music for tin Faster season this year, and as the previous renditions of the story of the Ressurrecf ion in sons: given liv these organiza tions have been such unqualified successes mere Will Jie a greai deal of interest taken in the beautiful numbers offered. On Friday evening, April 10, the choir and Glee club will ren der ' From Death to Life," by Bartb'tt, one of the most inspir ing sacred stories told in song, and with the unusually line voices of these two organizations to interpret the music the event's certain to be one of the jnost in teresting yet given in this city. On Faster Sunday n-ght, April 12, the choir and Glee club will again present the beautiful cantata. "The Seven Last Words of Christ." by Dultois, which was given last, year by the church, and those who were present last year are certain to be present again to hear the inspiring music ofl'orded by the choir and Glee club. Mr. Lucius Prior of Oma ha will be present again this year to assist in the tenor work of the cantata, and his wonderfully sweet voice will add greatly to Ihe strength and beauty of the product ion. Doth of the services have been especially selected in keeping with the story of the passion and death of Christ and the glorious ressurect ion on Faster day, and by means of the services of the choir a most inspiring lesson is taught to those who attend the services. A most cordial invita tion is extended to the public to be present at these two services and to enjoy the fine treat afford ed them of hearing1 tTtese two numbers. ASSIGNMENT OF GASES FOR THE APRIL TERM OF THE DISTRICT COURT While in the city Saturday holding court District Judge Begley assigned a number of cases to be called at the coming term of the district court as fol lows: Manley Co-Operative Grain Co. vs. Missouri Pacific Railway Co., April 15; Wise vs. Gregory, April 15; Philpot vs. Gregory, April 1G; Costilla Estates Co. vs. Tighe, April 17; Boston Investment Co. vs. Tighe, April 18; Bergman vs. Gerlach, April 20; Kaufman vs. Parmele, April 21. In the matter of the estate of William O'Brien, April 22-23; Parmele vs. Tighe; Ing wcrson vs. Ingwerson; Anderson vs. Swanson; in the matter of the estate of Jane A. Dovey deceased. The cases not given dales will be called in order by the court. LOST Saturday, between Her- old's store and the postoffice, or the postolfice and Fricke's store, a dollar. Finder please leave same at this office. 4-G-tfd PREPAR NG DIES SUDDEN LY AT MORGAN RILL CALIFORNIA Former Well Known Resident of This City Dies Suddenly at His California Home. From Saturday's Daily. This morning a letter was re ceived in this city by old friends conveying' the sad news of the deatti of James Petlee, a former resident of this city for many ears. llie death occurred at Morgan Hill, California, iast Fri day, w here the Pel lee family have resided for a number of years, and was quite sudden. Mr. Petlee complained of a very severe headache and Ins wife was placing- hot cloths on his head to relieve the pain, when he suddenly sat up in bed com plaining of a very severe pain in his chest, and fell back on the bed dead, evidently from a stroke of heart trouble. Mr. Pet tee came to Plattsmouth in the early seventies and was for years a very prominent figure in musical circles of (lie city, and being pos sessed of a line bass voice was constantly in demand at the dif ferent entertainments and also acted as musical director of the St. Luke's choir here. He was the owner of a small music store here for quite a number of years until his removal from this city wilh his family in the early l0s. going from here to California. where the family has since re sided. He was in the neighbor hood of 80 years of age, at the time of his death and the news of lis demise will be learned of with great, sorrow by the many Id friends who knew him so well luring his residence here. Ile- sides the widow, two children. Towbridge Petlee, residing in Montana, and Miss Mamie Pel fee. who resided with her parents at Morgan Hill, are left to mourn the death of this good man. Mrs. Petee was a sister of Mrs. Har riett MacMurphy of Omaha, who was also for years a resident here, her husband conducting the Nebraska Herald. JOHN JONES CHARGED WITH BURGLARY, RE LEASED ON 8500 BOND From Friday's Dallv. John Jones, who has been con fined in the county jail for the past week pending the hearing of his case in the district court at its coming session, was released this morning on bond of 5oo, furnished by a security company, and will be allowed his liberty until his case is called for trial, lie was charged with burglary at the slaughter house of George Thomas & Co. about two weeks ago, and was bound over by the county judge at the hearing" last Saturday. The other man, Tange nian, is also out on bonds to ap pear at the coming term of court in this city. Jones resided in this city for a number of years, but of late has been living in South Omaha, and it was there that he was arrested. Returns From Kearney. Mr. F. J. Mougey, from near Union, was in the city a few hours today, arriving this morn ing from Kearney, Neb., where he had been for a brief visit with his brother. He also accom panied his mother-in-law, Mrs. William Bird to that city, where she will make her home for the summer with her daughter, Mrs. C. L. Mougey. C. E. McEntee was a passenger this afternoon for Omaha, where he was called to look after some business matters for a few hours. Mr. McEntee has just recovered from a severe sick spell and is not feeling very strong- at present. New Son at Renner Home. From Friday's Daily. This mornmg the sbuk visited the home of Mr. ami Mrs. Albm Renner, leaving with them a bouncing baby boy thai was re ceived with great joy by the par ents and the little brothers am sisters, who regard the little stranger with much admiration, and they are willing to wager there isn't a liner inn.' man m tho city than the nj-w Mr. Ren ner. The mot tier and lit lie oik are getting along line arid AI is about as proud a man a- there is in the city. FUNERAL RELD IN THE OPEN AIR Home Could Not Accommodate All Who Would Pay Respect to "Dad" Russell. James G. Russell,: alter more than a century of liie, i- resting in Wyuka cemetery. As h" iiad lived, beneath the op"ii sky, so were the last rites over his body performed by hundreds of friends Saturday, who congregaled to pay their last respects to the man who some of them at ler.st had known for more than a half cen tury. So large was the number of friends who gathered that there was no room in the home at 3032 Y street for them and in order that all might hear the funeral address and witness the ceremonies of the Grand Army of tile Republic, in charge of the services, the body was carried in to the open air. ' Eighty .gray-haired veterans, friends and comrades of "Dad'' Russell, nearly a full company of soldiers of another day, sur rounded the casket. As the line of silver crowned warriors marched past the body. faces that had felt the baptism of fire on a hundred fields felt the baptism of tears shed for the de parted comrade, for the man who had followed their flag in many a wild charge were unashamed of the tl owing" fears as they gazed their last on the man who hail stood by their friend on bloody field and in pain burdened camp. The following friends of the centenarian acted as pall-bearers: W. J. Blyslone, James Stev enson, Mart Howe, Thomas Glass. John Monfieth and Fred August. James Russell won his race with lime by one month and two days. Since middle age it had been his desire to pass the cen tury, mark, and although for months before his one hundredth birthday he had been desperately ill, be, seemingly, held to his life by sheer will power. At last the day arrived and "Dad" Russell breathed a sigh of contentment and announced that he was ready to die. He had scored over death and reached his goal. From that time he grew gradually weaker until death overtook him. Lin coln Star. "THE SIMONS COMPANY" FILES PAPERS OF IMPORT ANCE IN CLEBK'S OFFICE From Friday's Daily. Today in the office of the coun ty clerk article of incorporation of "The Simons Co." were filed. The incorporators of the new company are Harry and Goldie Simons of this city and the cap ital stock of the company is placed at $10,000. The purpose of the company is for the pur chasing and sale of merchandise and for the buying" and selling" of real estate. The life of the cor poration is placed at fifty years and the place of business fixed at Plattsmouth, with the privilege of placing- branches in different cities or counties of the state. Yale Motorcycle for Sale. Fully equipped and good as new. Inquire at the Journal office. TO STAY WATERS OF THE ING BO The Riprapping of Burlington on the East Side of the River Is Completed. From FriJay's Daily. The large riprap mat thai lh Burlington has had in process ,f construction for the past few months on the east sioe of tht river, opposite this city, has been completed and is being placed in position to assist in the work of cheeking" the washing'" of the land on the ba side of the Missouri river, which in the past few years has occurred almost every sea son when the river rises, and the minds of the ablesL engineers in the west have been brought t. bear on the problem of prevent ing the further washing of the river in the locality northwest of Pacific Junction. The mat that has just been finished is i,lf0 feet in length and will be a great force in aid ing in the formation of a resist ance to the force of the waters of the river should they attempt any of their aitics this year. It is made of willows closely woven and presents one of the best means of stopping the river than can be imagined. Already forty cai s of rock have been placed on top of the mat and others will be placed so as to make the mat se cure from being washed out in case of an extraordinary flood or high water, ,' and mor e will be placed as soon as possible to make if almost impossible for the river- fo do further damage in that locality in the future. The inhabitants of the Iowa lottoms in the last twenty-five vears have suffered greatly from the changing channel of the river, which formerly sought the Nebraska shore, but after the riprapping near the mouth of the Platte north of this city the river chanced over to our neighboring state and each year saw more and more of the fertile land of the Iowa bottoms, swept into the angry wafers of the Missouri, and many men who owned fine farms along the bottoms had them com pletely swept away by the river, which while stealing acres and hundreds of acres of the Iowa land has been accumulating the land on the Nebraska side of the river and today a fertile bottom of several hundred acres fills what was once the bed of the river, and already several fine crops of corn have been raised on it. Just what effect the checking of the river on the Iowa side will have here i s not known, but many are of the opinion that it may be that the Missouri river will some day seek its old channel and wipe out all the land that has been ac cumulated east of this city in the river bottom. Secures License to Wed. From Monday's Daily. This morning County Judge Beeson issued a marriage license to Mr. Guslav Woitzel of Green wood and Miss Elsie Scheel of Murdoek. These young people belong to two of the most prom inent families in the west por tion of the county and are both well known and popular among a large circle of friends in their home. They will be married at the German Lutheran church in Murdoek on Wednesday. The bride is the daughter of John Scheel, one of the wealthiest and best known farmers of Elmwood precinct. Both the bride and groom-to-be were in the cily to day. Notice to the General Public! The corner stone of the Cass county jail will be placed in posi tion Tuesday, April 7th, at 5 p. m. Anyone wishing to deposit any record, or personal papers, or anything in that line, can do so up to 4 o'clock, when the box will be sealed and placed inside the stone. RAG R Buy Vallery Garage. From Tuesday's '.Daily. William Splitt and Harve Man ner's completed the deal las Sat urday when-by they became tin owners of the Frank Vallery gar age, located in the Welenkamp building, opposite ffie court house. Mr. Manners has been connected with the auto business in this city for the past several j cars and his ability along thi line is too well known among the people here for us to belle," it by any comment in these columns. Mr. Split.!, moved to the city rec ently from near .Murray, and is n man that will deal square all the lime, which his many fr iends will oiich for. The new firm will re model Jhe I 1 rooms and continue to do business at the old stand. Success tot hem ! PARMELE FAMILY TO VISIT JAPAN Will Sail From San Francisco Tuesday Morning on the Steamship "Siberia." From Friday's Dailv. This eening Charles C. Par mele and wife and daughter, Mis? Hallie, will depart for the west, going to San Francisco, from where they will sail on Tuesday morning on the steamship "Siberia" for Japan, where they will join Pollock parmele at Yokohama, and enjoy a short lay in the Japanese islands. Pollock is returning home from i trip around the world, and has spent several months on the trip. having left New York early in September, going from there to the. Mediteranian sea, where tops were made at Naples and other towns of interest, and then the party enjoyed a stay of a couple of weeks in Egypt, going from there to India and the other- countries along the east and ioulh coasf of Asia. The sojourn f the party in India covered the e!ter part of a month and most f the larger cities and points of interest were visited. The ex cursionists also made a trip to the Philippines and a journey was made info China, touching the. principal cities of that coun try. Japan-is the last country in the far east to be visited by the excursion with which Pollock is touring, and his family will give nun a most pleasant sur prise by meeting him in this far- iT land and accompanying him ack home. The party will visit in Japan until the latter part of May, when thev will return to the United States. reaching San Francisco early in June, and will then proceed home to Platts mouth. The trip is certain to be a most delightful one, and Mr. Parmele and family are certain to enjoy it fo the limit. DEFENSE IN MATTER OF HALES VS. GERING GIVEN TIE FOR WORE EVIDENCE From Monday's Dally. Ihe case of the estate or Nicholas Halmes v.. Henry It. ering occupied the attention of the district court the greater part of Saturday and it was not until in the afternoon that the end was reached in the matter. The court found in favor of the laintiffs and awarded them a judgment of .$2,200 for a note fiich the estate claimed had been paid by them for Mr. der- m and on which note Mr. lalmes was security. The de ense was given time to prepare i bill of exceptions, as well as to rv and secure some evidence w hich they claimed was vital to the case. During the time for the preparation and serving; of he bill of exceptions the judg ment will stand suspended. The Journal does job work. CELEBRATES PALM SUNDAY IN FINE OROER Large Attendance at Both Cath olic and Episcopal Churches to Celebrate Event. Yeslerday being palm Sunday. the marking of the entrance of the Savioiis into Jeiu-alem, and the beginning- of Holy week in the Catholic and Episcopal churches was observed in a lilting manner by these churches with services in keeping with the spirit of the day. There were the usual masses at the Catholic church, with Ihe distribution of the blessed palms, and in the evening ser ice was held at St. John's church, where the rector-, Itev. Father M. A. Shine, completed his series of Lenten lectures on the six pre cepts of the church, and the service was attended by a large number of the parishioners, as well as a number of members of other churches who have been attending the able lecturers of the lector. At SI. Luke's Episcopal church there were services appropriate to the day held both in the morn ing and evening, and at the morning services the Rev. H. M. Parshall of Inilulh, Minnesota, arch-deacon of that diocese, of ficiated, and preached a most thoroughly enjoyed sermon. He has had a great deal of experi ence in the missionary work among the Obijway Indians of northern Minnesota and bis work in t'ji line h-,s mcde him one of the most valuable men in the church work in the nor thwest, and the church here feels very f rfunate in having this gentle man present to lake charge of the services for the day. In the evening the church was filled to its utmost capacity by worship pers to attend the services, as well as to hear the beautiful pro gram prepared by the choir of the church, under the direction of Prof. Austin. The service was held by Rev. Weslej Barnes of Nebraska City, who has been here for the Sunday evening service for simif weeks past preparing !he class for confirmation, and Ihe series of instruction on the church and its history has proven one of the most uplifting that has ever been delivered in the church. The musical pro gram consisted of a rendition of the beautiful cantata. "The story of Calvary," and the voices of Ihe singers were well fitted for Hie different parts they were assign ed and the cantata as a whole was one of the most pleasing that has been heard at the church for some vears. Removes to Omaha to Live. From Monday's Daily. Miss Lillian Thompson depar ts today for Omaha, where she will join her parents, who removed to that city several months ago, and she will make her home there in the future. The removal of Miss Thompson will be the matter of much regret to her many friends here, as she has been one of the most popular1 young ladies in the city and has been very prominent. in the social and church life of the community and bei loss in these circles will be greatly felt. Files Petition for Probate. From Monday's Daily. Saturday alternoon a petition for the probate of the estate of the late William Leddy, deceased, of the vicinity of South Bend, was filed in the county court. The estate is quite a large one, as the deceased was the owner of a fine 200-acre farm in this county, as well as a great deal of personal property. J. E. Jones ' was a passenger yesterday for Omaha, where he pent the day with his wife at the hospital in that cify, where she has been for the past few months taking treatment. Mrs. Jones is now able to be wheeled around in a chair and there are bright hopes for her recovery.