Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901, January 04, 1894, Image 1

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Matters as to Hill's New Trial Post
poned Until This Week.
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
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
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
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.
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
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 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
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.
Murderer Harry Hill Will Seek Re
pentance As a Catholic.
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
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
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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
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
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.
What It Cost Cass County To Try
the Murderers.
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:
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
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
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
x, 6 boxes
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