ffebrasfca State Hictorl eal Society a oc VOL. NO. XXI PLATTSMOUTH. NEBRASKA, THURSDAY, MARCH 26, 1925. HO. 15 G. D. OUiNTON FREED ON PER JURY CHARGE MOTION OF DEFENSE TO QUASH INDICTMENT BECAUSE OF WORDING SUSTAINED COURT RELEASES DEFENDANT Case Suddenly Terminated in Ruling of Judge J. M. Fitzgerald Of Omaha. Prom Monday's Daily j This morning the case of the State ; of Nebraska vs. Carl D. Quinton was! . . i . j . j i .. . i. ' terminated trj tuuufaii m me morning session of the district court when Judge J.'.M. Fitzgerald of Oma ha sustained the motion of the de fense to quash the indictment thru , defects in its charges against the! defendant. J The defendant through h'.s coun sel. I). W. Livingston and Paul Jes- sen of Nebraska City and A. L. Tidd of this city, was given leave to with draw his former plea of not guilty and submit therticre a motion to quash the indictment which was; Late Saturday afternoon on the voted in November. 192C. by the return of County Attorney W. G. j grand jury and in which Mr. Quin- Kieck from Nebraska City", a com- ; ton wr. charged with perjury in plaint was filed in county court before J making: reports of fees tamed and , Judgo A. H. Duxbury, charging Wal- ! collected in the office of county sher- . ter Burke with possession and trans- J iff which he was then holding. ! portation of intoxicating liquor. I The court sustained the motion of ; on the hearing of the case the de- the defense in all three counts of the j fendant entered a plea of not guilty ! Indictment that had been returned , and the state proceeded to introduce j by the grand jury and the case was ' its evidence. Harold Manners and j dismissed and the defendant released James Zoubeck were placed on the ' from further action under this in j witness stand and offered their evi-1 dictment. !dcnce of the fact thatiMr. Burke had The motion for the defense for the ! possession of liquor and that .they: dismissal of the case was presented had partaken of the same. j to the court by D. V. Livingston of ; After the taking of the evidence, j Nebraska City." who offered jnany au- j the court bound Mr. Burke over to. thnritips to cover his contention as . the district court to answer to the , to the faulty phrasing of the indict ment against the former sheriff - " indictment did not set forth that the j oath taken by Mr. Quinton in mak- ing his reports of fees was made by : the defendant with the knowledge that it was false and untrue. It was also stressed by the defense that the Indictment did not set forth the par Icular items that had been omitted bv the defendant m his report a sheriff and that the report did ncit .hat it T-,,i0 tn the. i,n,H state that it was made to the board of county commissioners of Cass county. It was also claimed thit the acknowledgement made to the oath of the sheriff by W. T. Adams, depu ty county clerk, did not give the au thority of Mr. Adnms to administer; oaths. It was also further contend- j that tl.o in.1irt:-T!t flirt not set' -,.- v, v tQ c-tnt rf for.', t hT.-h the xiefndant was rllesed to have made false oath and acknowledge- ment The d...oVf ,h. court cl,cs matter as this is the last of the in dictments that were voted against mm u u.t Rfdi u jui at iu Uj m .?L charges of malfeasance in office as ticularly wrathy at the frequent vio well as this charge of perjury and on lations of the traffic and auto laws, which he was tried in January. 1924. Issuing from the bench a statement and convicted of not making reports that the confines of the city brig was of fees collf-cted and earned as re-; the only place calculated to cool the quired by law, being acquitted on ardor of the speed fiend and the two counts, charging protecting court announced that justice, swift bootleggers. The malfeasance charge and primitive would be visited on the was sustained on the appeal to the supreme court. The present action of the court clears up this part of the ents. grand Jury indictments LEAVES TOR CALIFORNIA Prom Tuesday's Daily This afternoon A. S. W11I3 departed for Los Angeles. California, where he Is row located and after being here for some time straightening up some matters in regard to mining property in Mexico for which he was the trus tee for a number of capitalists who were interested in the mining prop osition in the southern republic. .Mr. Will, as the trustee for the mining property had some litigation here to close up chief ot which was an action brought against Mr. Will, as the trus tee of the mining company. The liti gation was settled a few daj-s ago satisfactorily to all parties and the closing of the case which is one of last steps in winding up the affairs of the mining company allows Mr. Will to go home. SUFFERING FROM FLU The family of Mr. and Mrs. John J. Cloidt have for several days past been having a real struggle with the prevailing malady of the flu which has taken down in varying stages of the malady all of the family circle. Mr. Cloidt was the first victim of the flu and had hardly recovered suf ficiently to be around when Mrs. Cloidt was taken with the malady and then the children. John, Rose mary and Ellen were each taken and with the exception of Mr. Cloidt the family are all confined to the home. Blank books at the Journal office. HEAVY RAIN NEAR UNION From Tuesday's rwtlly Travelers who reached this city this morning: from the south report that in the vicinity of Union for an area of two miles south of that place there was a very heavy rainstorm last night. The cars that reached here bore evidences of the journey through the mud and the rain was reported to have made the road very muddy for the two miles covered by the storm. The threatening clouds that hov ered over this city from 4:00 to 5:30 last evening caused some apprehen sion among the residents of this lo cality but the clouds peacefully roll ed by with only a few drops of mois ture to show that they had great possibilities. A stiff wind blowing brought recollections of the big tor nado of twelve years ago and much worry to a number of the residents of the city and vicinity, but this community, as on that fateful day, was lucky in escaping the storm. WALTER BURKE BOUND OVER TO DISTRICT COURT Placed Under $1,000 Bond and Re mains in Custody cf Sheriff in Failure to Raise Sum. From Monday's Pany charge, which, being a third offense. carries with it a penitentiary pun ishment if the court so sees fit. In failure to produce tne B?Te sJea"dd ? bond, Mr. the custody - L f r1?" . The case will be heard in the pres ent term of the district court and it is expected that the matter will be taken up within he nes few days by Judge James T. Begley. i The county attorney also filed a complaint against Harold Manners, charging him with having been 111 a state of intoxication and on which was aged eighty-eight years, sever! charges he mnde a p!e:i of guilty end months and thirteen day. received a fine cf $10 and costs. ' Uncle George" as he was to v.-ell which was paid and the young man known over tMr section of Casr, ccun released from custody. Ay, was born in Taswell county. Vir- - GAINS NOTORIETY .From Monday's Daily i Fred V. Duda. of this city, v ho has recently been engaged as a driver of a "vellow cab" in Omaha, was Jjfit" jf J Syr in the big city and here. Judge Sophus Neble, Jr., one - " V " V.: ;r ; hV ' next offenders that came his way Fred enters on the picture as he ! 'was an early morning caller Satur- iday while the wrath of the court was : waxing high and was one of three) culprits to face the full storm of ju dicial wrath. Fred was gathered up while he claimed he was rushing to pick up a fare ahead of another driver and when placed before the bar of jus tice he made an earnest plea for re lease, the court having allowed all of the prisoners a half hour to com pose their stories and pour them in to his awaiting ear. "If you put me in the jug, I'll probably lose my job and be back here again as a vagrant, like some of these I've seen this morning," was the story Fritz told the judge, and in recognition of the apparently truthful tale the judge only gave him a short period of repentence In the bastile that was to last until the evening hours came on. In addition, Fritz also had the honor of having his map snapped by the newspaper photographers and which adorned the Omaha News yesterday as a hor rible warning to other speeders. Go slow my boy and watch your brakes. CONFINED TO HOME From Monday's Daily S. S. Chase, the well known meat market proprietor, Is confined to his home by a very severe attack or the flu and the prevailing spring colds that have visited the greater part of the community. Mr. Chase has been confined to his bed for the past three days and is feeling far from well at this time although he is showing some improvement over the past few days. PIONEER CIT IZEN GOES TO LAST REWARD GEORGE W. SHRADER AFTER LONG ILLNESS DIES AT 8 O'CLOCK YESTERDAY RESIDENT HERE SINCE 1865 Member of One of Best Known Fam ilies of County and a Native Son of the Old Dominion. From Moaday's DsUJy Last evening at S o'clock at the home of his son. Homer H. Shrader. with whom he has been living for the past year, George W. Shrader. onej of the oldest and best known residents' of eastern Cass county was called to; his final reward. Death came follow-' ing a period of several years of sick-' i..--: ft - " . - '--A V .. - 1,.-, . 4 3 : f-'3 1 i: GEORGE W. SHRADER Pioneer Cass County Resident Who Passed Away Yesterday nrss during which time he has been practically an invalid and confined to the home for the greater part of the time. At the time of death. Mr. Shrader .gmia, August i. lJt, wr.ero ne 'lived until twenty years cf age. rc- ; moving later to the west and locating in Livingston county, Missouri in 1 0. w here he taught s'nool. In the 'e:ir 161. Mr. Shrader entered the southern army where his love for the tc I ine ciose vi me war, lie came 10. .vims county, Iowa, and settled near St. t - ! J T . . A II '11 . Mary's near the mouth of the Platte rlvor. rn the Iowa side of the Missouri river, and the following year he came to Nebraska and settled in Cass coun ty. For some time he followed freighting to Denver and western points and in this had many thrilling experiences of the pioneer days in the then unsettled sections of the country. Mr. Shrader later decided to engage in farming and settled on jthe farm nine miles south of Platts- Immlth Ti- Ti l . t l . V a Vtac cnont t li frroator of his Ume farj-g and rearing T0 maEnoocj anti' w( iIv that had cozne omanhood the fam- tn lilfQC t Vi o hnmp -Mr Shrader waa married in Mav 1S61, and at the old home the golden wedding anniversary was observed on May i, 1311. Airs. Bnrader was fatally injured in the great tornado of March 23. 1913, twelve years ago, and which did a great deal of damage to the Shrader homestead. Since the death of the wife Mr. Shrader has made his home with the children who were living in the vicinity of the old home, until the removal of his son to this city and since which time he has lived here in Plattsmouth. There remains to mourn his loss eight children, five daughters and three sons, J. D. Shrader of Adams. Mass., Robert Shrader of Murray and Homer H. Shrader of this city, the daughters are, Mrs. Alma Yardley, Mrs. Georgia Creamer, Mrs. Lula Wolf, Mrs. , Jennie Klimm and Mrs. Verna Rhoden. There are also eighteen grandchildren, as well as two brothers. Z. W. Shrader and Joseph Shrader of near Nehawka, Marion Shrader and a sister, Mrs. Christina Holbrook living in Vir ginia. In their loss the family will have the deep sympathy of the host of friends over the entire county, and the community will feel keenly the loss of this splendid citizen. FOR SALE White Wyandotte eggs for hatch ing, Plattsmouth phone 3005. Mrs. George Privett, Cedar Creek, Xeb. mo-8tsw Adveitiai&g will pap ;aa. ANNIVERSARY OP, TORNADO From Monday's rally While the reports of tornadoes are filling the front pages of the news papers, it is interesting to recall that twelve years ago today, March 23, 1913, this part of the west was vis ited by a severe tornado that did did much damage in Omaha and vi cinity. The date was Easter Sunday r.nd as warm as the weather today with a closeness to the atmosphere that was most noticenbf- and culmi nating in the terrific storm that broke about G o'clock over this lo cality. There was only a very heavy rain and hail here bet in Omaha there was property damage reaching over $1,000,000 and the death loss at 141. In the territory south of Plattsmouth there was also a great dal of damage and loss cf stock. Mrs. George Y. Shrader was killed in the tornado at her home, nine miles south of Plattsmouth. CITY CONVENTIONS TO BE HELD ON THIS FRIDAY EVENING Candidates for Councilmen and Kem bers of Board of Education to be Selected by Voters. From Tuesday's 1-ta.iJ Those who are interested In the city and the management of its busi ness affairs in the next jtar.-; and the seeing cf the government ia the hands of proper officials, should, near in mind that the two city conventions that will nominate candidates for city offices will be held on Friday evening of this week. The candidates to be named are or.e councilman from each .of the five wards of the city as well as two members of the board of education. The republican city convention will be held in the public library auditorium.' while the democratic mc.33 convention will bo. held at the city council chamber. ""here is the m-ed for every citizen who has the interest of free govern ment at heart to get oat and par ticipate in the political airs cf the city, stale and nation, and it is one of the main duties of -citizenship fcr the man or woman to do their part in selecting the officers who will be called upon to serve the people dur ing the coming biennium. If the men you do not wish are seli-tted by the conventions, do not crab, hut get out and see that men of your choice arc named and not wait until afterwards and criticize what action someone else has taken in the matter. RECEIVES FALSE ALARM F: m ?iirday s l'aily-- Yesterdry afternoon an auto trav eler arrived in this city from the north and breathlessly announced that he had discovered a dead man lying along the highway near 'Will view," but had not stopped to inves tigate and speeded on to thi3 city to pa-s out the information. Chief of Police Hinrichsen crank ed up his faithful gas wagon and was soon speeding northward in nopes oi reachine: the scene ot action before the man would be b?yond help. As the car drew to a stop at tne Willview crossing, the chief started out in search of the deceased and after a thorough frisk of the roadside walked over near the embankment that follows the railroad track and here the "corpse" was discovered peacefully lying in the warm spring sunshine and say, talk about being sore, the traveler wno was thawing nut the winter sutdIv of cooties and dirt alcng the trick was nothing else. He gave his views or tne condition oi affairs when a peaceful hobo could not lay out along the road to sun without being bothered by someone. The chief locating the true state of affairs, returned homeward and left the sunshine to the traveler. SUFFERS A FALL From Monday's Daily This morning, Frank Sedlacek, one of the accommodating clerKS at the A. G. Bach lower Main street store is having some difficulty in getting around as the result or an accident that he sustained yesterday after noon and which he will not soon for get. Frank, with a number of com panions, was 6itting around the bridge that spans the small creek at Fifteenth and Oak street and where the ground near the bridge is not the most solid in the world. The young man was not aware of the soft na ture cf the soil and the first intima tion that he had that all was not well was when his companions shouted a warning to him, but too late, as the nest thing that Frank knew he was in the bottom of the creek and suffering a very severe bruising of his 200 pound frame. SELLS RESIDENCE PROPERTY From Tuesday's Dally The Emil J. Hild residence on south Seventh street has been sold by Mr. Hild to Charles L. Martin of this city and the two families will, in the next few days, move to their new locations. Mr. Hild and family are moving to the Trilety apartments 'on South 9th street between Granite and Marble streets. JURY free; mntr VERDICT FREEING FORMER SEC RETARY OF LOAN ASSOCIA TION GIVEN AT 3:30. UST GRAND JURY CASE Case Sent Back Fron Supreme Court Is Decided This Tune For the Defendant. From WedneFday'p raily This afternoon the jury in the case of the State of Nebraska vs. Carl G. Fricke, returned their verdict at 'J:C0, freeing Mr. Fricke of the charges made in a grand jury indict ment of having made fase entries in his records as secretary of the Livingston Loan & Building associa tion. The testimony oTc-red in the case was not of the char-icter to draw the uLual gallery of eager Visitors, as the ler.g diccuttiens of figures and meth ods cf bookkeeping were of a nature that held no interest for the spec tator and gave more of a school-room atmosphere to the court. O. M. Campbell of Lincoln, ac countant for the state, was the main witness cf the afternoon with his ac ccusts cf the alleged errors and en tries made in the records of the books of the Livingston Loan fir Building ac.-'oriation of which the defendant was the secretary at the time. Miss .Anna Ilassler, who has had charge of the books of the assoria .'ic.n r,;nce the failure of the associa ti'n in 1922, was called to the stand au i i:;Ldc- identification of the vari ov 3 looks that were offered In evi dence by the state to cover the cases of false entries claimed to have been made. ' II. X. Dove y. .liTcsiutu-the First National bank, whs called to the stnnd and tertified s to the methods of bookkeeping that were used in banks and also the system used in building and loan associations. Tc- also testified to the fact that Mr. Fricke had been employed in his ! rk as a bookkeeper for p. period of seventeen years, coming there when z youth and continuing there until r.f'er his selection as secretary of the building and loan association. A. L. Tidd. who has been solicitor fey "the Livingston Loan & Building association, testified as to a check made of the books cf the company by the witness and pointing out the diffe-ences in the figures shown on the books and that which he had se cured in his audit of the books. The witness testified that he had taught bookkeeping in schools and colleges r.l also had made audits of the books of the M. W. A. and the sher iff's office here in addition to the books of the loan association. Harry S. Barthold of the board of directors of the defunct association, testified as to the monthly meetings cf the board of directors, the fact tte report of the report of the secre tary had been accepted without ques tion at the meeting as a true state ment of the condition of the affairs of he association. Ke did not know cf anv statement of the defendant as not wanting an audit of the books of the association in 1921. Frank E. Schlater, also a former director of the association, was call ed and questioned as to the fact of the defendant having objected ot an audit of the books and stated that he recalled only that the secretary had stated he did not think an audit was needed. H. M. Soennichsen, former presi dent of the Livingston Loan & Build ing association, was called to the stand and testified to the fact that Mr. Fricke had stated when the mat ter of the audit had been brought up in the summer of 1921 that the state examiner had been over the books and an additional audit would only make more expense for the associa tion. The 6tate rested its case at 4:30 and at the conclusion of the state's evidence, Mr. Halleck Rose of the de fense counsel, offered a motion to have the court take the case from the hands of the Jury and direct a ver diet for the defendant whicn was overruled by Judge Fitzgerald and the trial ordered to be carried on. The first witness for the defense was F. L. Greenfield, accountant for the defense, who testified as to en tries in the records of the Livingston Loin fc Building association and pointed out the entries that were questioned as being made to correct errors or for the purpose of balanc ing the accounts and not to repre sent the cash transactions of the as sociation. The defense did not offer a great deal of- testimony in the case and closed its side of the case by sum moning a number of character wt nesses to testify to the good charac ter and reputation of Mr. Fricke in the community up to and including the year 1921. James M. Robertson, Allen J. Beeson, E. H. Wescott, E. A. Wurl and Miss Mia Gerlng, well riiiL H Or G ' known residents of the city and ; county, testified as to the previous , good reputation of the defendant. ' The case was closed at 10 o'clock and tha opening fctatement for the state given by County Attorney W. ! G. Kieck. followed by the statement of the c:te by Attorney Halleck Rose for the defense, which covered tme time. The state's case was closed by i the argu'nent of special counsel, F. X. Prout of Falls City. MAEXS PROMPT SETTLEMENT The insurance firm of A. H. & R. M. Duxbury of this city, agents of the Firemen's Fire Insurance com pany of Chicago, this morning re ceived a check from the company for the sum of J3.892.82. covering the settlement in full for the lo.-s in the destruction of the residence prop erty of D. O. Dwyer in this city ten day ago. The prompt settlement is very piieasinsr to the agents as well as to Mr. Dwyer and fhows that the company is alive and on the job. SELECTS MEMBERS OF CITY TEACHING ORCE FOR 1925-28 Board of Education Fills Vacancies In SUS of High School Teach ers at its Sleeting. From Wednesday's Pally Last evening the board of educa tion of the city took up the matter of filling a number of vacancies in the high school faculty for the coming year and had for their consideration a large number of applicants. For ih position of principal of the high school, J. W. Poynter, now studying at Peru Normal, was se lected. Mr. Poynter comes highly recommended and has had previous teaching experience at Douglas, Ne braska, and College Springs, Iowa. V,". D. McMahan, also a Peru grad uate, was selected by the board to take the position of commercial in structor in the high school. As the head of the musical depart ment of the city schools, L. S. Fager f Wesieyan university was selected, ucoeediug Miss Frances Field, who has hud charge of this work for the past tvo j ears. In the department of English and dramatic art the board feels very fortunate in securing Miss Delores Dossde of the University of Nebras ka, who conies to this city highly recommended. Miss Esther Delzell, daughter of Dean Delzell of Peru Normal, has been selected for the department of history in the city schools. Miss Delzell is also a neice of the former &tate superintendent of schools. DE H0LAYS ELECT OFFICERS From Wednesday's Dally Laf.t evening Cass chapter, Order of DeMolay, held its election cf of ficers for the ensuing year at the Masonic temple and the occasion was attended by a very large number of the members of the organization. Fred Trilety was re-named master councilor, Fred Ilowland elected as senior councilor and Carl R. Keil as junior councilor. The remaining offices of the chapter will be filled later by appointment of the master councilor. Se the big line of Easter novel ties .t the Bates Book and Gift Shop. ijp Pennies Can Change a "Hous" Sr.lo a "Home!" Little sums saved here and there by wise management and thrifty buying may be made to yield new comforts and con veniences of the home if they are gather ed together in a growing Savings Ac count. In Plattsmouth and vicinity are many thrifty women who are building up Sav ings Accounts at the First National Bank. We invite you to start a "Happy Home Account" here, too. THE FIRST NATIONAL BANK )HE BANfK WHERE OU FEEL AT HQMB WATTSMOUTIf jgl 'EBASKA "The Bank Where You Feel at Homtl" IS "OULCY" IS TO BE PRESENTED AT THE HIGH SCHOOL SOON Doane College Players will Offer This Attraction Under Auspices of the Junior Class. From T'jesdav's Daily The junior class of the Plattsmouth high school will offer at the high school auditorium on Friday evening at 8 o'clock, the Doane college play ers in "Dulcy." This is a very high class attraction and the Crete Democrat in speaking of the tresentation of the play there has the following: "The presentation of Dulcy to a packed house, at the Sokol theatre Fridaj- evening, November 14, bj the Doane Players marked another achievement in the history of the dramatic moveraent at Doane under the able direction of Miss Mao Ellen Inglis. "Mr. Harold uuraick, as Vincent Leach, a rapturous scenario writer, did an excellent bit of acting. Miss Irma Ilc.kuf, carrying the leading role as Dulcy fitted into her part enthusi astically and kept the audience breathlessly waiting to see Just what trouble she would make next for her patient and long suffering husband. The part of the husband was taken by Mr. Ed Eayer. Dulcy, whose other name was Smith, was infected with an overpowering desire to be helpful to her husband thus giving rise to acute situations which furnished the comed' that gave the play success. "Plaj-ing the role of C. Rogers Forbes, a rich capitalist with whom Smith is trying to put through an important business merger, Mr. Clar ence Kubicek did a bit of character work,, which with the acting of Mr. Burdick was probably the best of the evening. "Mr. Gorden Heyhoe, as William Decker, Dulcy's brother furnished a great deal of the humor, and eloped with Angela Foibes, daughter of the capitalist" The part of Miss Forbes was ably taken by Miss Ruth Oster hout. - 'Schj-ler Van Dyck, from Newport, who later turns out to be a harmless lunatic was portrayed by Mr. LeRoy Laase. Miss Edna Carlson, played the part of Mrs. Forbes and Bernard Klasek took the part of Blair Patter son, an attorney who came for the escaped lunatic. "Henry, the butler, an ex-convict protegee of Dulcy, was portrayed by Mr. Charles Baj-er, and he did an ex cellent bit of acting, keeping within his character throughout the play. "Mr. Elmer Huffman took the part of Mr. Sterrett, advertising agent for Mr. Forbes, and was one of the three men to be in love with Angela. From the standpoint of acting the play was a notable success. The character work was remarkable for unprofessionals." UNDERGOES AN OPERATION From Tuesday's Daily John Iverson, Jr., of this city, who has not been in the best of shape for some time, is now at the Immanuel hospital in Omaha where he is to undergo a slight operation. John has been doing very nicelj' since reaching the hospital and hopes to be able to return home in a short time. E 0