TT;V . Sta'.e Historical Society
'5PTt
VOL. NO. L
PLATTSMOUTH, NEBRASKA, THURSDAY, APRIL 19, 1934.
HO. 22
3j mi lililli IL
f i
Jury in McMaken Case Brings
in Verdict of 'Not Guilty After
Long Delay Waiting for Judge
Case Given to Jury for Deliberation at 6:30 Last
Night and Verdict is Arrived At Before
Midnight but Not Divulged.
COURT OPENING IS HELD
Impatient Crowd Packs Courtroom to Hear Verdict Read
Judge Livingston Delayed in Arriving from Ne
braska City Applause Greets Verdict.
The final chapter in the dramatic incidents cf early morning March
in, wnen jjougias iicurary met lus aeatn ircm snctg-tm wcunas at xne
Lands of Joseph G. McMaken, was -written at 11 o'clock Thursday morn-
ing upon the belated ie-convening of court to hear the verdict that had
been arrived at during the night by the jury of twelve men selected to hear
the evidence in the case and pass judgment as to whether the act of lie-
Maken was justified. A silence fell over the crowded court room as the -
verdict was called for, and it was not until a moment after the result of
' .Net Guilty had been announced that
was started, to be cut short by order cf District Judge D. W. Livingston.
The crowd had been impatiently waiting since before 9:30, when
court was called to re-convene, but did not do so until the later hour, due
la non-arrival of the judge from his home in Nebraska City, whither he had
gene last evening after the case had been given to the jury.
Instructions of the judge were to continue deliberation throughout
the night if a verdict was not arrived at befcre that time, and at 12:30,
when the jury went to lunch and later on to the hotel to go to bed, it was
known that a verdict had been arrived at. The word was quickly passed
and the court room was packed with spectators this morning.
From Wednesday's Daily
Opening speeches of the attorneys
were made as soon as the impanel
ing of the jury and wa3 followed by
introduction of prosecution testi
mony. The first witness called was Dr. L..
S. Pucelik, who stated on direct ex
amination that he was called to the
Joseph G. McMaken home between 4
and 4:30 a. m.f March 7th. He had
been met at ths front door of the
house by Mr. McMaken and who had
asked him in and then said, "see what
you can do for him," McCrary lying
on the floor of a bed room that open
ed into the living room of the home.
The body of McCrary was near the
head of the bed and about two feet
from the wall, about half of the body
being in sight, the lower part being
behind the head of the bed. The
body was almost face down. There
was no part of the body under the
bed. The injured man was clothed
in shirt, trousers and shoes, witness
was not sure as to his having a vest
on. He found on examination of Mc
Crary that he was suffering from
gunshot wounds, right knee and right
side as well as a large wound in the
left temple, but the man was still
breathing in gasps as the witness had
entered the room, but died some fif
teen minutes later. In reply to ques
tions of Mr. Cheney, witness stated
that Mrs. McMaken was in hysterical
condition and had said, "Please save
him," she being at the time in the
room with the husband and their
small sen, the latter two later going
to the home of the parents cf Mrs.
McMaken at the request of Joe Mc
Maken. The defense objected to the Intro
duction of statements made by Dr.
Pucelik by McMaken on the
grounds that his mental condition at
the time was such that he was not
accountable for any statements that
he might make, but which was over
ruled. Witness had asked McMaken
how he had come to do the shooting
and he had said, "didn't know, had
como home and found McCrary in
the bedroom of my house and with
my wife and I shot him." He said
that he had known about the af
fair only a day or two. He had
walked home, gone to basement and
heard sound of talking in the main
part of the house, one voice being
that of a man, he had gone around
the house and opened a window and
made his way into the house. He
had heard the regular breathing of
two persons, he had gone to bedroom
and persons had apparently woke up
as there were whisperings, he had
then turned on a light and the trou
ble occurred.
On cross-examination by Mr. Craw
ford witness stated that the wounds
had been inflicted apparently some
eight to en feet away, especially that
of the head.
Questioned by Mr. Crawford, Dr.
Pucelik stated that he had served
among other lines in his internship
in that of the mental and nervous
wards. Asked tr tell of the condi
UP MORE THAN HOUR
a quite general round ol applause
tion of Mr. McMaken on the morn
ing of the shooting of McCrp.ry, Dr.
Pucelik testified that McMaken show
ed by his actions that he was suf
fering under a severe physical as
well as mental strain by his appear
ance, his eyes large and staring and
nervous twitchings. The witness
stated that McMaken was in this con
dition when he had made the state
ments as to the shooting. The de
fense at this time made a motion to
nave the statements of McMaken
stricken, but which was overruled.
The witness and Mr. Cheney clash
ed in re-direct examination when it
sought to have the witness relate a
conversation that lie had with Mr.
Cheney and County Attorney W. G.
Kieck at his office on March 14th.
"Witness was asked if he had not
talked to the attorneys for the de
fense after this conversation. The
witness denied that he had made the
statement in the presence of Mr.
Cheney that he had hoped the de
fendant would be acquitted.
Mr". Crawford on cross examin
ation asked the witness what had
transpired at the conference with the
attorneys, witness stating that he
had been asked as to what had oc
curred at the home on the morning
of the shooting he had made no state
ment as to the innocence or guilt ot
the defendant.
Mr. Cheney asked the witness if
he had not stated to him that the
witness had been severely criticized
by residents here for his testimony
at thecoroner's inquest. The attor
ney and witness indulged in a heat
ed exchange in the attempt to bring
out that he had expressed his opinion
as to the innocence or guilt of the
defendant.
In the interchange between the
witness and Mr. Cheney a small dem
onstration was started that was halt
ed by the stern command of Judge
Livingston that the court room would
be cleared and one party was order
ed removed from the room for par
ticipating in the demonstration.
Roy Stewart, police officer called
to the scene of the shooting was then
called to the stand by the state to
testify as to the conditions and con
versations at the McMaken home. He
stated that he had arrived at the
home accompanied by George Ronnie
and had gone to the kitchen door
and where he was admitted by Mr.
McMaken, who said, "I've shot him,"
witness had asked who and the re
ply had been "Doug McCrary." The
witness had gone on into the house
to the bedroom where the body lay
and found that it was on the floor
near the bed partially on the right
side. McCrary was gasping when the
witness came to the room, he wa3
dressed in shirt and trousers but wit
ness did not recall whether he had
shoes on or not. The overcoat of Mc
Crary was lying on the foot of the
bed with the right pocket on top.
Mr. Stewart in testifying as to the
statement of Mr. McMaken stated
(Continued on page 6.)
August Kafien
berger Ends Life
with Rifle Shot
Eody Discovered by Members of Fam
ily at Earn as Han Fails to
Come to Breakfast.
August Kafi'cn'oerger, 44. promin
ent farmer residing ten miles west of
this city on the Cedar Creek road,
was discovered shot to deatli in the
barn at the farm early this morning,
the shot being self-inflicted.
Mr. Kaffenberger had risen as usual
this morning and started to 'ooU
after the chores on the farm, going
to the barn, and shortly afterwards
- returned to the house where he had
j asked his wife to ? et hie .22-ri:!e,
j stating that he was going to the bar::
j to shoot a rat.
j it v.-as comctime liter, when he
, failed to return to the hcu.-e. that
j members of the family had gone to
, the bam and were horrified to find
The man had placed the'niuzzl? of
the rifle in his mouth and pulled the
trigger, ending his life almost in
stantly and inflicting a ghaetly
wound.
No reason could be escribed by the
members of the family for the rash
act and they have been severely
shocked by the sudden tragedy that
has come to them.
Mr. Kaffenbcrger wa a son of the
late Mr. and Mrs. Adam Kaffenber
ger, long time residents of this sec
tion of Cass county ar.d was born
and reared in the locality where lie
died. He w?.3 a man highly esteemed
by all who had the opportunity of
knowing him and the news of his
death comes as a great shock to the
friends over the county.
County Attorney W. G. Kieck this
morning had not decided whether an
inquest would be held, as the case
was clearly one cf suicide.
FILES FOR C0MIIISSI0NER
Carl A. Balfour, one of the prom
inent residents of the southern part
cf the county, was in the city Mon
day afternoon and made his filing as
a candidate for county commissioner
of the second diTirict on the repub
lican ticket at the August primary
election.
Mr. Balfour is one of the well
known farmers of Nehawha precinct
where he has farmed for the past
twenty-one years, altho his lifetime
has been spent in that locality as he
was born in northern Otoe county
and has farmed there and near Ne
hawka all through the years. He has
a good business experience and judg
ment that should stand him weli In
! hand in the work of the commission
ers office. He is a son of William
Balfour, S9, one of the few surviving
civil war veterans in Cass county
and who resides with the son on the
farm near Nehawka.
SUFFERS PAINFUL ACCIDENT
Mrs. Park Chriswissc-r, of Lincoln,
suffered a very painful injury Sun
day afternoon at the heme of Mrs.
Martha Chriswisser. The party had
been at Nehawka to attend the fun
eral of Mrs. John Chrfcwisser, daughter-in-law
of Mrs. Park Chriswissc-r
and they had driven her? to bring
Mrs. Martha Chriswiseer back to this
city. In stepping backward from the
auto Mrs. Park Chriswisser had miss-'
ed her footing and fell backward,
the back cf her head striking on
the curbing and it was thought that
she might have sustained a skull
fracture. It was found by examin
ation that the wound was only a se
vere scalp wound but which will
make necessary the patient remain
ing very quiet for the next several
days.
VISIT AT SHENANDOAH
Sunday morning Walter Herger!
and E. H. Wescott motored to Shen
andoah, Iowa, where they were guests
of Rev. and Mrs. Clifford Cecil. Rev.
Cecil ji3 the paster of the First Chris
tian church of Shenandoah, one of
the largest churches of the city and
which has a fine plant and a large
congregation. T h Plattsmouth
friends attended the services and en
joyed very much the rermon deliver
ed by their friend, Rev. Cecil.
HAS MANY SERVICES
Rev. C. O. Troy, pastor cf the First
Methodist church has had a very
buiiy schedule since Saturday after
neon, having been eahed upon to
care for a great many fu.ural serv
ice!?. Rev. Troy conducted the cervices of.
Mr.;. 11. C. Stewart on Saturday after-
neon at the Ilorton ruiiiral home,
then on Sunday morning had the!
service for little Robert Dale Covert,
at the home at 9 o'clock. The pasi.or
then had the usual 10::;;) morning
service and sermon and then d.ove to j
Nehawka where he war, in attend-!
ante and assisting in the funeral of!
Mr;;. John Chriswir.t-cr.
Wedding of
a Well known
Y
I OiinSf VGISPHJ:
I
SEiss Catherine S:dlak tnd Mr. Carl
Alcxcn Wedded at Par;onag3 j
cfHoly Ecs&ry Church. j
On Saturday aftcrnccn at 5 o'clock!
..,,.,., ..e ii-i, tj,-.i,. r-.-o,i.
church en West Pcaii .c;trcct, occur-j
known young people cf tine commun-
lty
Mies Catherine Scdh.k
of
of
this
near
cit3r and Mr. Carl A!exen
Louisville.
The marriage lines were read by
Father J. J. Katzmarck. paeior cf the
church and th? nuplia'j witnessed i
by Miss Mildred Alexen. ri.;ter of the
groom and Albert Sedlah, brother of
the bride.
Following the wedding ceremony
the members of the party were le;i
r'.rr.d a dinner a:.d r'.'c;ptio-.i at 7
o'clock at the home cf the bride's
?jrcr.t;..Mr. and Mrs. Milts Stdlalz
where the members 'f tfee bridal
party enjoyed a fine feast that had
been arranged by. the mo tier and
sisters of the bride. The -wedding
dinner was featured by the beauti
ful wedding cake prepared by Mrs.
Jarvis Slaton. In the serving Mrs.
Sedlak was assisted by Mrs. Charles
Fulton. Miss Florence Sedlak and
Mrs. Jarvis Slaton.
The members of the jolly party.
numbering some thirty-five, enjoyed
the remainder of the evening in
dancing and which continued until a
late hour when the members of the
party departed wishing the bride
and groom many years of happiness
and success.
The bride is a daughter of Mr. and
Mrs. Michael Sedlak and was born
and reared to womanhood in this city
where she was educated in the city
schools. A lady of much charm of
personality she has a large circle of
friends who will learn with pleasure
of her new happiness.
The groom is r. ton of Mr. and Sirs.
John Alexen of near Louisville, one
of the well known families of that
portion of the county and is num
bered as one of the energetic young
farmers of that section.
The young people will make their
home on a farm near Louisville in the
future and where their home is
awaiting them.
HAS TONSILS REMOVED
William Kreager, cne of the lead
ing farmers of west of Mynard, was
operated on Saturday morning for
the removal of his tonsils which have
been giving him a great deal of trou
ble of late. The operation was per
formed here and the patient came
through the ordeal in fine shep and
it is expected will soon be able to re
sume his usual activities on the farm
and be restored to his old time
health.
GOES TO HOSPITAL
Mrs. Frank Janda, Sr.. who has
been in very poor health for the
past few years, was taken to Om
aha Sundav where she was nlaced in
the St. Catherine's hospital for treat
ment. Mrs Janda is suffering from
an attack of heart trouble that has
made it necessary for her to be given
treatment at the hospital.
From Monday's Dally v'
County Commissioner E. B. Chap
man of Union was in the city today
to spend a few hours attending to
some matters of business and visit
ing with his friends.
Fimera! of
Mrs. rreese is
Held at Home
Tlgc- Neater ot Old Fri
at tke Kor32 to pjy j.
'fiends Gather
Pay Last Trib-
lit;
to Lcnsr Resident.
From Yupsc'ay's Pally
The funeral servicer, of Mrs. Eliza
Freese were hei.l this afternoon from
her heme at 1221 Ave nue A. Rev.
C. O. Troy, paster of the Methodi.it
church of which she was a life long
member, officiated. His Uxt was tak
en from the 2nd Epietie to Timothy
4-7.
"I have fought a good fight; I have
finished my ( curse; I have kept the
faith."
He rpokc many wcrds of comfort
i to the children of the bereaved fam-
and the sorrowing friends and
neighbors. Mrs. E. II. Wescott sang
very beautifully two of the loved
hymns. "It Is Well with My Soul"
and "We Are Going Down the Valley
Or.e by One."
Eiiza Wynn was born in Graves-
I enc,
1, England, April 29, 1S55 and
is the eldest child of Eliza and
in. Wynn. She came to Canada
;
jwith hei parents at the age cf seven
years, later coming to the United
States. She was united in marriage
to Wm. Free-se in South Haven, Mich.,
April Z, 1S73, later coming to Ne
braska where she had since made
her home. To this union was born
feu.- children: Mrs. Edia Copenhaver,
Harlingen, Texas; Mrs. Mabie York
of this city; Bertha who passed away
when a child and Charl y Freese of
Oxnard, California; and there was
aleo v.: adopted daughter. Mrs. Vio
let Muiler;, Chicrgo 111.
She was a kind and good neigh
bor, a lover cf her heme, a true friend
to all v.-ho knew her, and a loving
mcthsr, always read yand willing to
do the little things to help others.
Aside from her own family she
cared for three other children, Mrs.
Elizabeth Craig, Omaha; Mrs. Mar
garet Kllre of Burlington, Iowa, and
Mrs. Mary Har.-is o this city.
Bc:-;ide the children who survive
her rre two sisters, o.:e brother, cix
grandchildren and one great-grand-1
child.
She was borne to her last resting
p'.-ce by her nephews rnd a grand
son, where she was laid to rest be
side Ihe husband in Oal: Hill ceme
tery. W. C. T. U. HELCTG
The W. C. T. U. met on Monday
afternoon at the home of Mrs. E. C.
Giles, a large number being in at
tendance at the meeting which was
devoted to the young people's work
of the union.
The devotional period was led by
Mrs. C. C. Wescott, who had as her
subject, "Our Task and Their Task,"
a A-ery beautifully given scriptural
opening of the meeting.
The musical portion of the after
nono was featured by a trio, piano,
baritone and clarinet, Mrs. E. C. Giles
and daughters, Lois and Eleanor, who
gave the always delightful "Melody
in F" by Rubinstine.
Miss Elizabeth Spangler gave as
her portion cf the program, "Our
Challenge," which was written by
Miss Eleanor Frantz, leader of the
young people's work in New Jersey.
Mrs. W. L. Propst was heard in
"U. S. Students in Paris Water
Drinkers," in which was describe-d
th.e stand for temperance taken by
the rtudents there.
Mrs. George B. Mann had one of
the chief talks of the afternoon,
"Stand By," a splendidly prepared
outline cf the young people's work
of the organization and its import
ance to the nation in the building of
the future citizenship.
Mrs. J. E. Wiles gave an interest
ing article on "Childhood and Youth
Menaced by Saloons."
Mrs. R. B. Hayes, president of the
local union gave a review of the
various li::es cf young people's ac
tivities. After the serving of delicious re
freshments the meeting was closed
with the W. C. T. U. benediction.
Mr. and Mre. Paul Grassman and
Mr. and Mrs. William Mavis, all of
Omaha, were here Sunday to spend
a few hours with relatives in this
city.
NEW SUPERINTENDENT HERE
George W. Colvin has arrived here
to seive as the s-uperiiuendsnt of the
work on the Missouri river here no.v
under construction by the A. W. Far
ney Co. Mr. Colvin is an engineer
cf wide experience and has spent
several years in South America where
he war, engineer for a number of
large river projects as well as the
building of causways in the southern
countries. Mr. Colvin will have
charge of all of the details of the
construction work from now on and
assisting Mr. Farne-y in the comple
tion cf the large project.
Woman's Club
Gives Shower for
the Boy Scouts
Larjp Number of Hishes Secured to
Ee Given to Camp Wheeler
for Scout Use.
from Tuesday's Dally
Laet evening r.t the home of Mrn.
W. F. Evers on West Elm street, the
members of the Plattsmouth Wom
an's c'.ub enjoyed a very fine gather
ing and cne that was marked by a
shower cf china for Camp Wheeler,
the Boy Scout tamp soulh of this
city on the W. D. Wheeler farm.
The ladies have set as a goal the
supplying of the dishes and the mem
bers responded in line manner last
evening to provide a large number
for th.e camp. These wiil be turned
over to the Scouts when the full num
ber have been secured and will pro
vide a fine start on the equipment of
the camp for overnight rtays of the
Scouts.
Miss Jessie Robertson gave a very
interesting article on Arbor day, an
article that covered the historic and
pertinent facts as to Nebraska's own
holiday which was created through
the efforts of J. Sterling Morton cf
Nebraska City.
Mrs. Elbert Wiles was presented in
two very beautiful flute solo num
bers that were a much appreciated
feature cf the evening and enjoyed
by all of the club ladies.
James Mauey, 'Jr., was heard in
two pir.no numbers which the young
musician gace in a truly artistic
manner.
At the close of the evening dainty
refreshments were served by the host
esses, Mrs. Evers, Miss Frances
Kceble, Miss Sue Simenton, Mrs.
Phillip Ilirz, Mr3. Annie Murray and
Mrs. Phillip Hoffman.
FLAN HORN KARN1VAL
While the annual Korn festival is
still some months away, yet the
amount of planning necessary for an
event as large and successful as it has
been demands that many arrange
ments be made a long way in ad
vance. With this thought in mind, a
committee under the leadership ot
the chairman, Henry Socnnichsen,
met last night to formulate plans for
raising funds for the Korn Festival.
It was a very enthusiastic meeting
and typical of the interest and en
thusiasm shown by the whole Platts
mouth community in the Korn Fes
tival. It was decided to stage a show
for two nights on the evening of May
17-1S. It was suggested that this
show be made a community wide af
fair and that various organizations
in Plattsmouth and the surrounding
community be asked to stage an act.
Such a plan will mean an evening of
varied entertainment which will be
very worth attending. This would
not work a hardship on any individ
ual or group as the work of the en
tertainment would be divided among
a half dozen or nore organizations.
The officers of these organizations
will he interviewed today to inquire
if their organization will participate
and then another meeting will be
held Thursday uight at which time
these organization will be represent
ed and definite plai)3 for the show
will be made.
While our Korn Show has been op
crated very economically financially,
and very successfully, yet it takes a
certain amount of money to carry for
ward its activities and if a part of
this can bs raised through the pre
sentation o a show thus far in ad
vance, it will be of great help to the
committee. The community has been
so unanimous in its endorsement of
the project that the success of the
show sccmc certain.
Plan for ilie
Coming Kitten
Ball Season
Laige Number cf Fans Meet at Le
gion BuiJding to Plan for
Season Opening.
From Wednesday's Daily
A large number cf kittenoail fans
rlayers and manager:; met at the Le
gion building last night to muke
pians for the coming sva-'jon. Frcrent
prospects indicate that at Ieat t ten
teams will enter and ull who would
like iCi play are urged to form teams.
The game is for everyone who wants
to play and it i not the intention
of anyone connected with the aff:.iis
cf the association to exclude any
teams. The following have sigr.iiicd
Heir intention to be represented:
Eagles Lodge, Norfolk Baching Co.,
BP.EX, Red and While. Ihighf. Am
erican Legion, Presbyterians, Meth
odist?, Fire Dept., Mynard Com
munity club and Wintersteen Hill.
Two cr more teams will make it pos
sible to have two leagues as last year.
The following were elected as a
board of control to have general
charge of all arrangements: Judge
A. H. Uuxbury Dr. R. P. Wc. tover,
Carl J. Schneider, Georg F. Jeagc-r,
and Mr. Kerr.
Each team will be permitted a 15
mar. player limit and the official rules
of the American Soft Ball Association
will be used as well as the cuicial
ball and bat. An entrance lee of 50
cents per man will be charged which
will amount to $7.50 per team. This
money will be used to purchase nec
essary equipment for the additional
lights. The fans at the game.; will
be asked to contribute voluntarily oc
casionally during the season a; nec
essity demands.
It was decided that each team
might use not more than two of the
Red Sox players and that if a man
ager desires to release a player he
may do so and the player may then
join any other team. But if a man
ager dots not consent to a release,
the player is barred from participa
tion on other teams playing in the
association.
All managers or others interested
in forming a team are urged to sub
mit their entry fee and list to Chair
man Duxbury by April 27th, and
May 1st has been set for the open
ing day.
The new rules designate the gme
as Soft Ball instead of Kitten Ball
and as such it will be known in the
future. Both players and rpectatora
derived a great deal of pleasure from
the game last year and the coming
season may be expected to prove of
real entertainment to al!. Th? asso
ciation expects to regulate the play
ing time so that night games will
stop as near ten o'clock a3 poseiblc.
ACHIEVEMENT PROGRAM
About 200 guests amended th
Achievement program of the project
clubs at the Christian church in Mur
ray on Friday, April G. This group
consisted of leaders who meet at
Murray each month and their club
members and friends.
Mrs. Everett Spangler was in
charge cf the prcgrrm. Croui) sins
ing was led by Mrs. Vance llairis
with accompaniment by Mrs. Will
Minford. Greetings to the gue-ts
were given by Mrs. Everrtt Kpaglcr.
A piano solo was given by Mr-?. Palm
tag of Sarpy county. Members of all
the clubs took part in an int. jesting
play, "A Ranch Frolic." Special num
bers in the play were by Mrs. AkIi,
Mrs. Emma Nolting and Mrs. Ezra.
Albin. Readings were by Mr.;. II i
and Mrs. Hallie Griffin. After the
play, a talk by Miss Baldv.w i:i out
lined plan3 for the next year's woik.
Mrs. Harry Nielsen gave a voeal solo,
with accompaniment by Mre. Emma
Nolting. Mrs. Kuthn, county chair
man, expressed her appreciation of
the interest shown in the work and
invited the guest? to attend the
County Achievement program In
May. An original song by Mrs. S. Y.
Smith wa3 sung by the Social Circle
club.
The meeting was closed with group
singing led by Mrs. Ilarrii. Refresh
ments were ferved ar.d many fine ex
hibits wciv riiown to the guests.
The journal aims to print all
the news and will appreciate your
assistance to that end. Call Ho. b.