Jfelatt 3 ourn Neb State Historical floe VOL. XXXV. PLATTSMOUTH, NEBRASKA, THURSDAY, JANUARY 31, 1918. No. G4. 1 PECULIAR CASE UP FOR TRIAL IN THE DISTRICT COURT CONTROVERSY OVER SOME CORN SOLD TO FARMERS ELEVA TOR CO. RECENTLY. S. Olin Cole Bought the Corn from His Sons, and Resold to Eleva tor They Contracted To. From Monday"? Imily. Jn the District court today is be ing tried a. case ra.ther peculiar in its aspect in that a fanner is suing for a balance he alleges due him on corn sold, which the elevator peo ple claim they had purchased before at the price paid. It seems that some time ago the Cole brothers sold to the Farmers Elevator company a quantity of corn to be delivered to the elevator at a later date, and when the time came, they offered to deliver it as agreed, it is claimed. But the elevator was not in position to receive the grain, there Ling no room for it and the (levator people being unable to get cars in which to load it. Therefore the boys sold the ccrn to their fath er. Mr. S. Olin Cole, who took it, and later when the elevator had room, rr.old to the Farmers Klevator com pany. When the time came for set tlement the elevator allowed him ap proximately the same price it had been. agreed the hoys were to re ceive. Now comes Mr. Cole, Sr., in this ca-o, and claims as rightfully due him the amount being paid for corn at the time of his sale to the elevator. The matter is before a jury composed of C. L. Peacock, Jas. Ilurnie. Ed Doran, A. W. Xorris, I... . TiHlttf-K. C Gibbtrson, Wia. Coat man, Wm. Hoover. Charles Murphy, John Roth and J. Johnson. Mr. Cole is being represented by .Attorneys W. A. Robertson and C. S. Aldrich, while C. A. Kawls is in charge of the elevator company's in terests. A number of witnesses are to be heard in the case, which is be ing closely contested by the attor neys on both sides. THE THIRD BARN BURNS. From Monday's I'aily. Last Saturday night, with the mercury hovering around zero, and with no apparent course the barn of John A. Koukal was discovered to be on fire about seven o'clock. The barn was situated some three or more blocks beyond the reach of the line of hose from the nearest fire hyd rant and no water could be getten to the burning buildin: This is the third burn to burn mysteriously in that portion of the city, the first be ing that of J. F. Clugey. then the one of C. Y. Baylor and now comes the one of Mr. Koukal. It looks like something was wrong; who is re sponsible for this kind of procedure should be compelled to answer for it in seme way. Mr. Koukal lost three horses. which be was not able to get out, some six hundred bushels of oats. r0 bushels of corn, besides much roughness. The farming machinery consisting of plows cultivators, wag ons, harness and the like as well as his car, were all consumed and an entire loss. Fortunate that he has insurance on the property, still the loss is great enough. The cows were not lost, and thus will assist in caring for the other losses, as the cows were a valuable asset to his farming equipment. A large crowd were out to assist, and the fire fighters were there doing what they could to put the fire out, but the in ability to get water to the place made their efforts futile. MARRIED AT THE MANSE. From Mondor's railv. A short time since, John Benton Livingston and Miss Lillian Bajack, both arriving at the age of twenty one, procured a license of the coun ty judge, permitting them to marry. and securing the services of IT. G McClusney, were united in marriage These are two of the finest of the young people in this city and vicin ity. The groom John Benton Liv ingston is the son of Mr. and Mrs W. B. Livingston, and a young: man of hish repute and, many sterling qualities, and a young map who is loved and honored by a host of friends. The bride, the accomplish ed daughter of Mr. and Mrs. Johi Bajack, was born in this city, edu cated in the public schools of th is city, and is loved by a large circle of friends and admirers. The youn couple will make their home here where they will engage in farming WAS IN WRECK ON 'KATY FLYER Fmm Monday's Dally. Lee Bennett, who has been at Corpus Christi, Texas, for the past three weeks, visiting with an aunt, returned last evening, called to take the physical examination before the local board at Clark, South Dakota, being placed in the first class of the draft. Mr. Bennett was on the 'Katy t iver which went into the ditch a few days since when two men were killed and two more seriously in jured which Mr. Bennett received was a small scratch on one hand and a little glass in the top of his head. Mr. Bennett departed this morning for Clark, South Xakota to report for service. AMONG THOSE EXAMINED From Tuesday's 1 tail v. Kane A. Fredrickson came in j'es- terday from Weeping Water in com pany with several other young men from that city, who were examined today by the local board of exemp tion as among the first men in Class 1, Division A, for the next draft call. This is Mr. Frederickson's sec ond time' to be examined he having been called in September to fill out a shortage in this county's quota. and after being examined the re versal of several exemption claims by the district board made available enough men so that he was not sent to cantonment in the fall. This puts him among the first up for the sec ond draft call. While in the city over last night and today, Mr. Frederick- son was a guest of E. A. Webb, with whom he was well acquainted when the two worked in Nebraska City some months ago. WILL CELEBRATE 62D B12THDAY From TuesdaV I ily. The I. O. O. F. No. One of this state located at Omaha will on February first celebrate the sixty-second anni versary cf the Institution of the order in this state. On February 1st. IS.'G the first lodge of Odd-Fel lows was rganized in Nebraska, and at Omaha. That, lodge will celebrate the occa sion with appropriate ceremonies a program will be given, and a ban- ouet served after the business and program have been completed. This occasion will be for the members and invited friends of the lodge; and their wives. J. II. Short of the Wes tern Machine and Foundry company Is a member of that lodge, and will attend. An invitation has been sent to the lodge at Plattsmouth which is number seven, and an old lodge al so, Louisville has been Invited as well, with the lodge at South Oma ha and Council Bluffs and other near by towns. Arrangements are being made for a large number of people, members of the lodge here and their wives to attend the ceremonies. They will either go in cars or on the train, and both services are excellent. Call up the secretary or J. II. Short or phone and make arrangements for going and enjoying the evening. GROUND HOG DAY SATURDAY. The food conservation committee must have had a tender spot in their make up for the festive ground hog, as they have made that day a pork- less day, so what is the use of getting the groundhog, when he can not use it. GETS FINGER FAST IN SHELLER. From Tuesdnv's Dally. Last evening while shelling corn for his flock of chickens, which by the way are a fine lot of fowls, and one which would excite the cupidity of any native of Alabama or Geor gia, the judge of the county court Allen Johnson Beeson, got the great finger of his right hand badly lacer ated on the end, so that it is prac tically out of commission. John R. Beeson who was visiting at the home of the judge, brought ' his brother to the city and had the member dressed, and the physician fixed it so that it will grow in a finger most as good as new. Rand-McNally "wax maps for sale at the journal office. A BAD FREIGHT WRECK IN THE LOCAL YARDS OCCURRED AT EARLY HOUR THIS MORNING FIVE CARS DE MOLISHED IN IT. TRAINS DETOURED VIA BLUFFS Wrecking Crews Working to Clear Away Debris of Rear End Col lision Piano Smashed. From Tuesday's Dally. At about two o'clock this morn ing while the local switch engine was endeavoring to help train number 74 over the hill and across the river, a wrecK occurred in which, live cars were piled up and most of them de molished. Three of the wrecked cars contained ice, which was scattered over the adjacent ground and rolled down the river bank, while a car con taining merchandise was practically strewn to the four winds of the Heavens. Boxes of crackers and cook ies were scattered all around over the vicinity and a piano or rather pieces of it here and there bore mute testimony of having been ship ped from "somewhere" to "some where" although we would opine it will never reach its destination. The sounding board and the hammers were still intact to a certain extent, and semi-occasionally someone would strike a wierd note, intended to cheer but falling far short of its mission. The collission, which was a rear- ender, occurred just north of the switch office, where the tracks over lap each other, making it impossi ble for another train to pass and thus traffic was impeded and train number six the morning eastbound passenger had to detour via Coun cil Bluffs, while number 15 made the run over here from Pacific Junction, carrying passengers for both east- bound and west bound connections. Men have been working with two wrecking outfits today to clear up the debris and put the track back in shape for traffic they having started shortly after the wreck occurred at the early hour this morning. N HONOR OF THEIR DE PARTURE FOR DAYTON rrom Tuesdava Dally. At the home of Mr. and Mrs. L. Feller on Sunday evening was gath erad a small company of friends to partake of a delicious eventime meal which Mrs. Feller had prepared for them, the affair being in the nature of a reception for Mr.- and Mrs. Har ry Eyler, who this week take their departure from our midst, going to Dayton, Ohio, where Mr. Eyler has accepted employment with the Ohl ers Fare Registering Manufacturing company, as a tool maker in their newly equipped plant which will manufacure mounts and sights for guns to be used in the U. S. armj The evening was enjoyed by those present, the time passing all too rapidly with music, song and social conversation. Those present were Mr. and Mrs. Eyler, E. A. Webb, Miss Hillebrand and Mr. and Mrs. Feller. Last evening was held another social gathering at the home of Mr. and Mrs. J. II. Short,' there being present a number of friends and the time being spent at playing cards, etc., the Eylers being the honored uests of the evening. Mr. and Mrs. Eyler will complete the moving of their goods to Omaha, for storage at the home of his par ents tomorrow, when a moving van will come down and convey them to the city. Mrs. Eyler will also leave for Omaha to visit her parents, but her husband will continue his work here until the latter part of the week on account of pressing need of get ting out some partially completed work, and on Thursday evening at the home of Mr. and Mrs. J. H. Short, in the Coronado apartments he will be tendered a farewell reception by his fellow workmen in the Western Machine and Foundry company's works. Following this he will visit briefly in Omaha and then take bis departure for the nqw position at Dayton, while Mrs. Eyler will visit at the home of her and his parents in Omaha several weeks before join ing her husband in "the east. The occasion tomorrow night at the home of Mr. and Mrs, P'tort will be one of pleasure, and lik? those tnat nave gone neiore, it wm give a practical demonstration of the es teem in which the Eylers are held by the friends they have made during their several months' stav here. LAID AT REST YESTERDAY. From Tuesday's Da 11 v. Yesterday was held the last sad rites over t lie mortal remains of James Kennedy, who passed away a few days since, at his late home south of this city. Mr. Kennedy wno was norn in ireiana, was a resident of this city and count v for about thirty-five years, lie has been an employe of the Burlington shops during almost the whole of his resi dence here. Some four weeks since he was taken with pneumonia, and has fought to the last for the life, which the dread disease was threat ening. The family of which there are three sons and two daughters hzving given their utmost in care and at tention for minister and make com fortable their father, and to aid in his recovery, all seeming to no pur pose as in the end. he had to give his life, to the disease which had fastened itself upon him. The fun eral was held from the St. John's Catholic church yesterdav morning, the reverent Father M. A. Sliine offi ciating. IN DISTRICT COURT TODAY. From TuesJay's Dnily. The jury being waved in the case of The International Harvester Com pany and V. R. Iewey of Greenwood. the hearing was had. with the result that a verdict for the plaintiff, for the sum of $1,204.12 was granted for goods purchased an 3 delivered. The interests cf the Harvester Company was looked after by W. A. Robert son. Yesterday the bondsmen for O. II. Tower in the sum of one thousand dollars, which were entered into on January 23, 1917. for his appear ance were released, they being John Bauer sr. H. M. Soennichsen. S. L. Cotner and Wm. Ballance and Mr. Tower discharged. The jury was selected this morn- ng tor the hearing which is being held this afternoon, wherein Omar A. Coon, brings suit against the Mis souri Facihc Railway company. Benj. F. Bush et al. receivers, for burning of hay by the locomotive of heir road, on his farm near Manley. The jury selected for the hearing were B. F. Dill, Wm. M. Hoover. John M. -Chalfant, John Routh. W. Althouse, Walter Clause, George Weideman, James Burnie. Ed. Doran, E. C. Gibberson, J. Johnson. The parties are being represented by C. E. Tefft for the plaintiff and J. A. Kennedy for the defense. WILL LIVE AT AVOCA, IOWA. From Tuesday's Daily. Last Friday Albert Donaldson and wife departed for Avoca. Iowa, go ng there to look over a proposition for working there during the coming year. They were offered fifty dollars per month, or six hundred dollars per year, with board for both for Mr. Donaldson's work, with nothing for Mrs. Donaldson to do. They accept ed the proposition, Mrs. Donaldson staying, while Albert returned to close up what, business he had here, which he did, and this afternoon de parted for that place to begin his work at once. WILL FARM IN COLORADO. From Monday's "P.m il v. Thomas Heirich, who has been working at the plumbing trade at Omaha for some time past has resign ed his position, and was home over Sunday, a guest at the home of his mother in this city. Mr. Heinrich departed this morning for Omaha. and from there he will go to Hol yoke, Colorado, where he will en gage in farming, they having a farm there. WOOD FOR SALE. A little help in the way of reduc ing the high price of fuel. Dry Cottonwood poles for $2.00 a load, at Rock Bluffs, near Rocky Point. A good road out. Stanlev Hall. 28-ltdltwkly. Subscribe for the Journal. THE CITY COUN CIL HELD REAL SHORT SESSION SHOWED A DISPOSITION TO SAVE FUEL EY ADJOURNING AND GOING TO HOMES. DISGUSSED FLAG IN THE PARK Bui Little Business to Transact and Didn't Take Long to Trans act It Few Bills Even. From Tuesclav's Dailv. When the Mayor's gavel rapped for order last evening at the meeting of the members of t lie city's legislative body, all were found in their seats with the exception of Johnson and uttery. jonnson, wno was at a Building and Loan meeting, came in a few minutes, arriving before the minutes had been read and approved, but Buttery failed to put in his ap pearance at all. The report of the Finance com mittee showed but little stirring in the business life of the city, and the accounts which were recommended for payment were very few, leaving but a short list of Claims Allowed. Clause Boetel. burying dogs3 l.TiO I. N. Cumniings, same .50 M. Lutz, testing brick 14.70 J. H. McMaken & Sons, matl. .",3.4 0 Total allowed $."0.10 One petition was read asking that an increase or rent be allowed lor a foot path over some lots, on account cf a bridge being out in th we.st portion of the city. The amount of rent now being paid is tour dollars and the petition asked that, it be in creased to five dollars. The petition was reterred to a committee to in vestigate. Following this the Judiciary com mittee had a report to offer regard ing the increased cost of insuring the city employees, which has advanced from S14S.2G to $185.22. This is the matter which was recently plac ed in their hands for investigation. Upon inquiry, it was ascertained the employes of the city are now draw ing considerably larger salaries than heretofore, and this fact together with some changes in the law touch ing upon the Employes Compensation act, made the risk greater and other insurance wr'ters'had given as their opinion that the advance was noth ing but what was just and right. The increase in this instance amounted to $3fi.f)G, which sum was, upon mo tion duly made and seconded, ordered paid. The bill of Bruce and Standhaven which was referred to the Streets Alleys and Bridges committee for in vestigation at a previous meeting, was reported on at this time, the committee recommending that ?3.22 be paid, and that the remainder be left until work was completed. The reports of the Fire and Water committee and of the Chef of the Fire Department were pronounced to be O. K. The matter of standard width and materials in sidewalk construction was brought up by Harris of the Fifth, and the City Attorney was in structed to draw an ordinance cov ering the subject, for consideration at some future meeting. The mayor claimed that contractors would bid a half cent cheaper and make walks five cents poorer to pay for it. Harris also brought up the mat ter of the failure of the Park com mittee to place a flag on the pole at Garfield park, and the matter was discussed. Mayor Sattler said there was but little money in the fund available for this purpose and that he thought it would be better to give it to the Red Cross than to invest it in flags at the price and with the certainty that the weather at this time of year would tear them up. He thought when the weather got good again it would be a good thing to put some up. Mr. Harris insisted that the people wanted to know why the flags were not up as per the re cent order of the council and the re quest of the people, saying, that if it had been decided not to put the flags up, the people should be "let in" on such decision, which would do away with so much needless ex planation and also serve to stop crit icism. RECEIVED SAD NEWS. From Mhii.'.iv's l:ii)v. Last Saturday afternoon Mr Clarence Robeson, one of the oper ators on the linotype lor the Journal received a message from his brother Robert G. Robeson, who is a warrant officer on the V. S. S. Kentucky, sta tioned at Newport, It. I., that he had jut lost his wife and that he had a fine baby boy. Mr. Robert Robeson has been with the navy lor the past eleven years, and lrs. Robeson who was an eastern girl, has been living with her folks at Newport. The message conies as a hard blow to Mr. Robeson and familv here. IN HONOR OF BIRTHDAY. From Monday's T:iily. Mrs. William Baird very pleasant ly entertained a number of friends at her cozy home, Saturday after noon, in honor of her father, Mr. Tourtelot's eighty-fourth birthday anniversary. The afternoon was de voted to progressive Rook, a game, which Grandfather Tourtelot has played quite often and one which he enjoys very much. The games were entered into much interest and en thusiasm, even Grandfather was as enthusiastic over the games as the younger guests. About four o'clock Mrs. Baird. assisted by Mesdames J. E. Wiles, L. L. Wiles and A. J! Bee son, served a dainty birthday lunch eon. After the luncheon, the games were resumed. Grandfather Tourte lot was presented with a number of pretty birthday gifts. On their de parture, the guests thanked Mrs. Baird for the splendid afternoon's en tertainment afforded them and wish ed Grandfather many more birthdays on which to play Rook. SWITCH THE SWTCHMAN. From MoikIp y T'afly. Some changes are made in the hours of the switchmen, or rather in what some of them work. Everett Gooding and Glen Edwards who heretofore have been working dur ing the night shi-ft have been placed on in the day time to supply the positions which herriofore was occu pied by Harry Gochenour and N. W. Chrissinger who a short time since resigned their positions. RETURNING TO THE SERVICE. From ?.Iorl-i v's laily. Lieut. L. W. Whitacre and wife arrived from Hastings this morning, where they have been visiting for the past week, and Mr:;. Whitacre will take up her work with the high school, while Lieut. Whitacre will return to his duties at Camp Sher man in Ohio. Her Trouble Is Gone. Mrs. Thomas H. Davis, Montgom ery, Ind., says she had trouble with her bladder and had doctored for several months without relief, when Foley Kidney Pills were recommend ed and she commence using thra and got relief. They relieve backach, rheumatic painsy stiff, swollen joints and kidney trouble. Sold everywhere. This is the Time for Every Citizen to Support the United States Government. Many are doing so at considerable cost or sacrifice to themselves. 4 We have joined the Federal Reserve Banking Sys" tern established by the Government to give greater financial stability and strength to the member banks and protection to their depositors. You can give your support to this great Government enterprise First National Eanli United States Depository TWO MILLION TROOPS READY FOR FIGHTING WAR SECRETARY REVEALS MIL ITARY SECRETS BEFORE SENATE COMMITTEE. BAKER MAKES A LONG REPORT Huge Army, Fully Equipped, is Now in France Others to Follow as Fast as Possible. Washington, Jan. 2S. Five hun dred thousand American troops in France early this year and a million. and a half more readv to i?o l'ullv equipped with the artillery to sup port them, this was the answer Sec retary Baker gave the senate mili tary committee to the charge of in efficiency and breakdown in the mili tary establishment. As the climax of a day's explana tion of all that the military estab lishment had done, freely confessing faults and imperfections in so vast an undertaking. but maintaining that out of each deficiency the rem edy has been found, the secretarv of war disclosed what hitherto has been guarded as a military secret and what the German' people little sus pect. This great fighting force, probably little expected by the German gen eral staff itself, will be composed of the men now with General Pershing, the thirty-two divisions of troops now in cantonments and camps in the United States and ready to move. Secretary Baker said, and by the next increments to. be drawn and trained this spring under the selec tive service law. Elemental equipment of the men from the Fnited States is assured and the artillery necessarv to their support will come from the British ind French governments which have uch an excess of ordnance that they have on their own initiative, offered o supply the guns and save ships which would be used for their trans port. The secretary of war even went further and laid bare facts regarding preparations for the American army in France, which have hitherto been held as close military secrets or else spread only to a few who have en joyed the confidence of government officials. Gets Good Results Quickly. These few lines from J. E. Haynes, McAlester, Okla., deserve careful reading by every one who values good health: "I find no medicine which acts so mildly and quickly with good results as Foley Cathartic Tablets. They empty the j-tomach and bowels, giving all of the diges tive organs a healthy action." Sold everywhere. For Sale A number of white Brahma Cockerels. Mrs. C. E. Ileeb ner, Nehawka. and also obtain its protection for your money by becoming one of our depositors. J