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About Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901 | View Entire Issue (Jan. 4, 1894)
. ; : : : - : : " : " , " BE JUST AND FEAR NOT." VOL. 13 NO. 2. PLA.TTSMOUTH, NEBRASKA, THURSDAY, JANUARY 4, 1894. $1.00 I I M I ARGUMENTS DELAYED Matters as to Hill's New Trial Post poned Until This Week. THE PRISONER DISCONSOLATE. He Appears ts Be Indifferent as to New Trial and Professes His In ability to Further Bear l'p Under the Stialn. t The motion filed by Attorney Mat- ihew Gering asking that a new trial ( be granted Murderer Harry Hill was to have been argued before District Judge Chapman last Saturday, but a continuance was taken until some time this week because of the in ability of the counsel for the prisoner to collect certain affidavits which be maintains will constitute a sufficient showing for a granting of a new trial. As before stated in these columns, the defense alleges that three of the jurors were ineligible to sit on the jury be cause of their possessing opinions as to the guilt of the prisoner. Rill. Dr. A. P. Barnes is one of the jurors com plained of by the defense and is charged with making the remark prior to the trial that he would "purchase the rope with which to hang the prisoners." Mr. Barnes denies the charge stren uously, and to a Journal reporter be said that he courted a complete investigation. He said he made no such statements, that he was not prejudiced against the prisoner and that he believes be did his full duty as a juror. He thinks he has been wronged in the matter and will spare no honorable means to secure a vindi "5 cation. In the meantime Hill, the prisoner, is spending a wearisome existence over in the county jail on Pearl street, lie is the picture of disconsolation and his spells of crying are frequent. He feigns to care little as to whethei a new trial is secured for him, as he maintains that if he is forced to stand the strain on his mental facul ties he will surely die before the date of his execution April 13, 1894. It is inferred from this that he may at tempt suicide and the jail authorities intend keeping a close watch on all hi movements. Is Serving His Sentence. Cade Rogers, who last week was given a sentence by Judge Chapman 'of thirty days in the county jail for assaulting Policeman J. N. Black with a heavy cane, is now upon Jailer Tinhe's books as a regular boarder. Cade walked over to the jail Wednes day with a pair of blankets over bis shoulder and gave himself up. He should have been incarcerated several days ago, but begged so hard to be given the privilege to go home, lock up the house and get a clean pair of blankets, that the officers were lenient with him He failed to make good his word, and Wednesday was hunted up and riven a few hours to make readv to j go to jail. lie made ready and is now . serving ou his time. Rogers' is said to be laboring under the impression that bis term commenced from the time of his sentence and not from the time of his imprisonment, thus bopinn to beat justice out of eight days, but in this regard he will discover that his reckoning is an error. Fell Under a Horse. , Herman Ilolschuh, who lives with : his father on the Ilolschuh farm north- ,west of town, was badly bruised up in rather peculiar accident last Satur- ay. He was leading a horse when the animal, in jumping1 across a ditch, ! lost its footing an 1 fell on top of Her man, pinning him to the ground. The weight of the horse was entirely on Herman a hipa, and the con9equer.ce was that he was given a bad bruising. It was feared at first by his family the he had sustained internal injur ies, but a physician was speedily summoned from this city to at tend to his injuries, and he is now restine easily, with good prospects of being out of his bed in a short time. Mr. ilolschuh is rather unfortunate. as it is but a week ago that his team was mixed up in a runaway and Her man was painfully bruised. Happily Wedded. The wedding of Mr. Gustav Degen dorfer and Miss Sarah Xeverman was celebrated Wednesday, Dec 27, at two o'clock at the home of the groom, three miles northwest of the city, in the presence of over one hundred rela 1 tives and friends of the contracting t parties. Rev. Witte. pastor of the German Lutheran church, officiated. Urowx's rlpT er T After the ceremony the guests were treated to a bounteous wedding feast, to which all did ample justice. The groom is the eldest son of .Louis Degendorfer, an old-time resident of this community, and is universally Known as an earnest worker and hon est young man. His bride has resided in Cass county most of her life, and is generally admired for her many womanly graces. The wedding pres ents were numerous and costly, and fairly represented the high esteem in which the two are held. They will re side on the Degendorfer homestead, northwest of town, and start in life with the best wishes of many acquaint ances that happiness and prosperity may be their lot. He "Borrowed" s Cloak. The latest and most approved method of making a raise without working, begging or borrowing has been in vented by an Omaha thief, one W. U. Hall, who is now registered at the Omaha city jail awaiting the action of the authorities concerning his case. Mr. Hall visited Dean Gardner's guild in the Arlington block and requested the young woman in charge to please call a certain telephone number and inquire whether So and So was in. The woman complied with his request, and during her absence from the room. Mr. Hall took her cloak and placed it just outside the door. Upon her re turn be thanked her for her trouble and left, taking the cloak to a pawn shop, where he secured a small loan. The pawn officer located the cloak and returned it to the owner. Next day Mr. Hall called at the guild with the expectation of repeating the offenfe, but having been recognized, was turned over to the police. The Csawl Prevarication. The Journal made a great roar a few days ago about E. Hilton, who had been elected county surveyor, who it said would not serve in thatcapacity. Mr Hilton has given his bond, was worn in today and after tomorrow morning he may be found at the office of county surveyor in the court house Col. Poke's News. The above is in accordance with the usual methods of the News. This paper has never said that Mr. Hilton would not qualify. What we did say was that is wasquite possible that the-county commissioners. would be called upon to fill the office by appoint ment, as Mr. Hilton was not at all certain that he would qualify." Mr Hilton was our informant, and he gave as reasons that the office did not afford reasonable compensation. In reality Poke's sheet misquoted Mr. Hilton, and not The Journal. A Judge and An Editor. A part of the proceedings in Judge Babcock's court a Auburn last week appears to have escaped publication Colonel Dundas, of the Nemaha Gran ger, is perhaps one of the best known newspaper men in the state. One morning Judge Babcock took occasion to sharply reprimand the attorneys for their dilatory practices and with this for a cue Colonel Dundas published an article that bristled all over with ad vice to the court. It was headed. "Judicial Jugglery and Court Cussed ness." Judge Babcock's attention was called to the article and he issued an order for Colonel Dundas to appear and show cause why he should not be fined for contempt of court, resulting in a fine of $25. which the editor paid with a remark about the liberties of the press. Kinnamon Goes to Jail. Two criminal cases were disposed of Tuesday. Tbeone against E. C. Graves of Malvern, and the other against Phillip Kannamon of Bethlehem. In the first case Graves pleaded guilty, and was sentenced to pay a fine of $35 00, which he did and in consequence was discharged. Kinnamon was fined $50 and costs in default, of which he was sentenced to imprisonment in the county jail Kinnamon's offense was assaulting Alex Powell, one of Bethle ham's prominent citizens, and paint ing a Swiss sunset over each optic. The eff ct was highly artistic, but the result was rather disastrous to the artist.-Glenwood Tribune. In Favor of the Defendants. The two garnishee damage suit3 of Tidd vs. Dovey and Ki"namon vs. Bons, in which all of the litigants are residents of Plattsmouth. were tried injustice Peterson's court, at Eagle, yesteiday. A jury was waived and the evidence and arguments in both suits were submitted to the justice. The result was that the justice ruled in favor of Dovey in one and Bons in the other It .is understood that the plaintiffs will take an appeal to the district court. JMaK5sliaMaHaMaUi ABOUND THE COURT KOOMS. DISTRICT COURT. Judge Chapman has overruled the motion to make the plaintiff give se curity for costs in the $5,000 damage suit of Effie Thompson vs. the Mis souri Pacific railway. Judge Chapman made an order last Thursday allowing Matthew Gering the sura of $400 for conducting the de fense of the two murderers, Hill and Benwell. The amount was certainly none too much. The three suits in which Raynard Gilmore appeared as plaintiff and Nancy Gilmore, Geo. II. Gilmore and John Gilmore as defendants, were dis missed without nrejudice in district court last Thursday. Judge Chapman has announced the following dates for holding terms of district couit during the ensuing year: Cass county March 5, May 8, Septem ber 24. Otoe county February 12, June 5, November 4. Three divorce cases, John T. Hawks vs. Ellen Hawks, Rachel M. Ford vs. Geo. C. Ford and Emily M. Glenncn vs. Thos. Glennon, were dismissed in district court yesterday for want of prosecution, and it is just probable that the interested parties have kissed and made up. The South Bend church squabble has been decided by Judge Chapman. The injunction restraining Dr. Kirk from preaching is made perpetual, but the doctor is given the privilege of attending the N church services whenever he so desires. The costs in the case are divided equally between the two factions. The case of the Methodist church of Weeping Water vs. the First National bank of Plattsmouth and Sheriff Tighe, was decided yesterday. At a former hearing a temporary injunction was issued restraining the sheriff rrom selling the property to satisfy a judg ment obtained by the bank. The in junction was made perpetual and the judgment held to be valid and binding upon the individual members of the church. COUNTY COURT. Ward Barr was arraigned before County Judge Ramsey this morning on the charge of incotrigibility, and was sentenced to a term at the Kearney reform school. Deputy Sheriff John Tighe took him thither this afternoon over the B. & M. COURT ROOM NOTES. Court Reporter Tom Chapman is preparing the transcript for the appeal of the Hill murder case to the state supreme court. It will be the most voluminous of any transcript ever pre pared by a court reporter in this ju dicial district. In the supreme court the different districts will be called in the following rder and dates: First, January 2; Second and Third, January 16; Fourth. February 6; Fifth, Sixth and Seventh, February 20; Eighth, Ninth and Tenth, March 6; Eleventh, Twelfth and Tbirteeth, March 20; Fourteenth and Fifteenth, April 3. The supreme court of the state de cided yesterday that the Hon. Patrick Egan of,Lincon must pay to the Catholic church a subscription which he made some time ago and afterwards refused to pay.; Bishop Bonacum, on behalf of the church, took the matter into the courts, and is now rewarded by winning the case. Patrick must put up. The new county officers chosen at the fall eleetion stepped into office to day at noon. Sheriff J. C. Eikenbary will have for his deputies Messrs. R. W Hyers and Harvey Ilolloway, while Jno. R. Denson will have charge of the county jail. In the office of register of deeds Mr. Hay will be assisted by Geo Elouseworth. On the county board the retirement of Jacob Tritsch makes S. W. Dutton chairman, while Geo. W. Young, the newly-elected commis sioner, along with Jno. C. Hayes, makes the three members of the board. County Superintendent Noble turned over his keys to his successor, Geo. Farley, and E. E. Hilton took the place of A. O. Mayes in the surveyor's office. No changes were made in the offices of the treasurer and clerk, as Messrs. EickbofE and Dickson succeed themselves. Several of the latest and most artistic faces of job type have been added to TriE Journl's job department, and we are in readiness to turn out job printing which can not be excelled. A trial order will convince. Thos. .W. SbryockJ postmaster Louisville, is in town today. at EMBRACED THE FAIT0 Murderer Harry Hill Will Seek Re pentance As a Catholic. INSURANCE RATES INCREASED. Local Agents Given Orders to Raise the Kates Supreme Court Reverses and Remands the Vandeventer Case Other Notes. Murderer Harry Hill, who, accord ing to the joint degree of a jury and Judge Chapman, will suffer death on the gallows on the 13th of next April, has evidently given thought to whatis in store for him after he shall have paid penance for the killing of Matt Akeson by a sudden plunge from the gallows trap. For the past two weeks he has been studying a Catholic cate chism presented by Rev. Father Car ney of the St. John's Catholic church and the result of his meditation came yesterday morning when he was bap tized and formally admitted as a mem ber of the Catholic ctiurch. The ser vices were conducted from within Hill's cell at the county jail by Father Caraey and was witnessed by an au dience of eight or ten persons, most of whom were ladies who accompanied the reverend gentleman to the jail. Hill was seen at the jail by a Jour nal representative today and he seemed in better spirits than at any time since his incarceration. He said that he had meditated for some time over his latest step, that it was done in all sincerity and that he firmly believed his Maker would reward him for it. He denied that he bad planned to commit suicide, and said that had he done so a knift which he gave-yes-terday to Father Carney would have sufficed to accomplish such a design. Insurance Rates Increased. All of the local agents for the nu merous fire insurance companies doing business in this city received notice yesterday that in the future insur ance rates would be subjected to an in crease. Business or commercial risks are alone affected, while the rate on dwellings, school buildings, churches, etc.. will remain as before. The new rate calls a premium increase of twenty per cent if the insurer agrees to a co-insurance clause being tacked onto the policy, otherwise the premium rate will be forty per cent over the old. The co-insurance clause is a new wrinkle in the insurance line. It is done in order to induce the property holder to insure close to the total value of the property. Eighty percent of the value is what the companies seek to have insurers insure. For in stance: Suppose a piece of property, the cash value of which is $1,000, eighty per cent, of which is $S00, is in sured for $500 under the standard per centage co-insurance clause in the case cited, if the property was totally de stroyed the insurance company would pay the face of the policy, or $500. Again, if the property were damaged $S00, the company would pay the face of the policy ($500) If, however, the property were only-damaged $500,then the insuring company would pay only five-eights of the loss, or $312.50. the owner being a co-insurer; that is, hav ing agreed, or being required by his contract, to carry insurance to the ex tent of eighty per cent, of the value of his property (in this case $S00) he takes the place to the extent of the deficit ($300) of an insuring company and bears his pro rata share of all partial losses where the damage is less than eighty per ceat. of the value of the property. The increase will, very naturally, meet considerable resistance, but the insurance companies claim to have been doing a losing business for sev eral years past and they argue that it is either a case of increase or "shutting up shop." It is understood that the new rate will affect every state in the union. The experiment may fail, but in any event will bear close watchiDg. State vs. Vandeventer Reversed. Messrs. Beeeon & Root, attorneys for the defendant in the case of State vs. Vandeventer, received notification from the state supreme court today that the verdict of the jury in the dis trict court of this county had been re versed and the case remanded for an other trial'. It will be remembered that Vandeventer was tried in district court about a year ago on the charge of shooting Lawrence Stull with in tent to kill, and the jury, after a lorg session, brought in a verdict fixing - , v.; : .:;- i Vandeventer's guilt as plain assault and battery, and assessing the costs of the prosecution against him. Vande venter's attorneys argued that their client deserved a verdict for acquittal if not guilty of ths crime charged, and promptly appealed to the higher court. It is possible that the action may be dismissed, but if such is not done the case will be re-tried at the next term of district court. Wedding Bells. At the beautiful country home of the bride's parents in Mt. Pleasant precinct, on December 28, 1893 at 2 o'clock p. m., Mr. William J. Philpot and Miss Gusta K. Bock were united in the holy bonds of matrimony. Judge Ramsey officiating. The groom is the son of Mr. and Mrs. Charles Philpot and the bride the daughter of Mr. and Mrs. John Bock, both families being among the wealthiest and leading far mers and stock growers of the county. A large number of guests were pres ent on the occasion and did ample justice to a splendid wedding dinner prepared with most artistic culinary art. The young couple will at once com mence housekeeping on the groom's well improved farm. Among the numerous and valuable presents were the following: Set China dishes by Mr. and Mrs. Wolf; linen table cloth, Mr. and Mrs. Peters; linen table cloth and set of dishes, Mr. and Mrs. Charles Philpot; glass water set, Mr. and Mrs. Wallace Philpot; Columbian clock, Mr. and Mrs. W,. M. Hunter; lamp, Mr. and Mrs. William Peters; spread table cloth and napkins, Mr. and Mrs. John Reich; tidy, Miss Ella PMlpot; hanging lamp, Johuny Philpot; tidy for rocking chair, Mr. and Mrs. Bock. Announcement of the Associated Charities. At the meeting of the associated charities last Sunday afternoon in the Presbyterian church a handsome offer was reported from Hemple Bros., the fuel and feed dealers, who agree to furnish free one car load of coal, to be delivered to the poor when so ordered by the society, providing transporta tion of the same could be secured free. This certainly is very encouraging to all interested in helping the deserving poor in our city, and we hope others who are able to give will be moved with the same spirit to make like offers. Tbi3 work is not circumscribed by creed or party, but the general pub lie citizens of Plattsmouth and vicinity are invited and expected to take a hand. A very encourag ing report was received from the school children's entertainment given Friday night last in the Presbyterian church. Something like $50 was thus gathered to be placed at the disposal of the proper officers. A vote of thanks was extended to the primary teachers for their untiring efforts in preparing this entertainment. A very flattering re port was given by II. J. Streight, the steward of provisions, because it showed good work done in supplying the necessities of life to those who stood in actual need. We hope the public will see the necessity of keeping this department supplied with provi sions, fuel, etc., so that it will not be necessary to turn away any deserving ones from lack of supplies. Everyone especially invited to attend the reg ular meeting of this organization next Sunday afternoon at 3:30 o'clock in the Presbyterian church. A Floarlshing Organization. The directors of the Farmers' Mutual Insurance society, an organ ization composed of farmers in this section of the county, were in session at the court house last Saturday for an inspection of the books and busi ness affairs of the society. The in spection resulted most r atisfactorily for all.and disclosed that $70,000 in new insurance had been placed by the so ciety during the past year, while the only loss sustained was $40. The an nual meeting of stockholders for the election of officers will be held next Saturday afternoon in Eight Mile Grove. The Love Estate. The last will and testament of the late James W. Love of Fremont, and formerly of Plattsmouth, has been filed in the office of the county judge of Dodge . county, and his wire, Mrs. Thirza Love, has made application to be appointed administratrix of the es tate. The day of hearing the applica tion and for admitting the will to pro bate has been .set for Wednesday, January 20th. The will of Mr. Love bequeaths his entire estate, real and personal, to bis wife. The estate is valued at about $100,000. Dr. Marshall, DENTIST . Fitzger ald block. CnST OF THE TRIAL. What It Cost Cass County To Try the Murderers. LESS THAN THREE THOUSAND. A Detailed Statement of the Costa in Both Cases A Riley Guest Blows Oat the Gas. But Not With Any Fatal Results. Cost Of the Murder Trials. Clerk of Court Dearing has compiled a statement of the expense incurred to the county during the two trials against Harry Hill and John Benwell for the Akeson murder. The figures are as follows: HILL TRIAL. Clerk of court's fees 70 58 Sheriff's fees 94 40 Depositions 15 50 Witness fees 29 58 Incidentals 24 45 Total SoOl 51 BENWELL TRIAL. Clerk's fees $ 33 18 Sheriff's fees 50 20 Depositions 46 21 Witness fees 209 00 Total S337 59 Jury fees in both trials $1,227 75 c" ee for defendant's counsel 100 0O Grand total J2.456 S3 To the above total must be added the fees due the sheriff's office in sum moning jurors and wbicti is filed before the county commissioners and not witn the clerk of court. This is esti mated at a few hundred dollars, and thus brings the totol cost slightly un der $3,000. It is certainly an excellent showing and should put to rout the few chronics who have constantly criticised the court, the county attor ney and court officers in general, in claiming that the county's funds were being injudiciously expended. The Journal ventures the assertion that murder trials in other Nebraska coun ties cost much in excess of $1,500. Fir at Weeping Water;. The new year opened at Weeping Water with a fire, which destroyed the old Republican office, from which the proprietor bad removed but a few weeks ago,' and another unoccupied building and a barn adjoining. About $1,000 with no insurance will cover the entire loss, including three horses, which were in the barn where the fire is supposed to have originated. The wind was in the right direction. Had it been in the northwest the busi ness portion would have been in dan ger. The fire department responded promptly and the fire was soon under control. The fire interfered very materially with the New Year's festivities in pro gress in various parts of the town. Arrested a Deserter. Detective Mitchell of South Omaha on Sunday arrested C. D. Swanback on the charge of being a deserter from the United States army at Fort Leavenworth, Kansas. Swanback told the officer that he enlisted in Indian apolis, Ind., and served about ten weeks, when be became ill and was sent to the hospital. The hospital steward advised him to leave, as the army life did not agree with him. He did not receive a discharge Swan back denied that he enlisted, but said that his application was rejected on account of heart troubles. Swanback' home is at Greenwood, where bis father now resides. He Blew Out the Gas. Un Friday last a man registered at the Riley as W. J. Barr, and was as signed a room for the night. Upon re tiring Mr. Barr, who evidently hails from Nebraska City and is therefore unacquainted with the ways of the world, blew out the gas, instead of turning it off. Luckily for him the transom over the door was open, and the night clerk noticing the strong y odor of escaping gas, located the leak and rescued the verdant guest before he was completely overcome, and thus saved a case for the coroner. , Won the Water Set. We, the undersigned persons. suPTii01fdB?miJ intended the drawing for the wat'ains in tne set given by the Carruth Jewelry coSSLS: pany, and certify that ticket No. erandimpo. was the successful number. F. J. Morgan, W. A. Humphrey, J. J. Cassidy, CrxAfc. Sans. John Murty, the Alvo grain mer chant, was a Plattsmouth visitor today i i x, 6 boxes rice. tor everp ney If i e thoi TOD, O. cured loias A- isn-- a- - - wa de1 ' CVI O I V k sr v: V - ' Si