THE
IHIIO
WEEKLY JO
"BE JUST AND FEAR NOT."
VOL. 13. SO.
52
l1 L AlTTSMOUTH. NEBUASKA, THURSDAY, DE EMBER 20. 1894.
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CITY'S WATER SUPPLY
Involved In An Injunction Case Now
In the Courts.
A QUEER SALOON SQUABBLE.
John Sharer la Possession of the Riley
Saloon. But Larks a Lirensw autl
I'munot Do Business Vari
ous Other Notes.
T. II. Pollock, on behalf of the
Plattsmouth Water compaDy of which
he is superintendent, went before
Judge Chapman Saturday afternoon
with a petition for an injunction re
straining A B. Smith from perform
ing certain acts which threatened to
completely shut off the city's water
supply. It appears that Mr. Smith
owns the willow- covered sand bar ly
ing east of the water company's pump
house. lie had negotiated a sale for
the land, but was technically pre
vented from giving a good deed to the
laud by a small channel of the Platte
river which runs between the main
land and Mr. Smith's sand bar and
from which the water company gets
its supply of water. If Mr. Smith could
shut out the water his saud bar would
be contiguous to the main land and
the aforesaid technicality would be
wiped out, so he immediately pro
ceeded to shut off the water by con
structing a dam across the upper
mouth of the channel where it
branches off from the main body
of the Platte-. Work was ac
tually commenced on the buildingof
the dam, Dut Mr. Pollock learned of
the proceeding and promptly sought
relief by the injunction route. Judge
Chapman granted the writ and fixed a
hearing of the merits to occur on Dec.
30th, when it is expected that a lively
legal tussle will be had. It isrnot
thought that the courts will allow a
private individual to change a river
channel and thereby shut off the city's
water supply, but the fact that the
water company is required by contract
to furnish water from the Missouri,
and not from the Platte, will cut quite
a figure in the final adjudication of
the difficulty.
The attorneys for A. B. Smith state
that it wa9 not Mr. Smith's intention
to shut off the water for the sole pur
pose of selling his land, instead he
simply took steps to prevent the water
company, as he claims, from further
encroaching on his rights. It is Mr.
Smith's contention that the small
shoot-off from the Platte river wbich
cuts his land in two, would fill up
with sand and earth in short order,
thus making bis land lay in one lod ,
were it not for the proceeding insti
tuted every winter by the water com
pany in building a dam to turn the
water back into the overflow chancel
from which the city's water supply is
derived. The water company evi
dently means business in opposing the
plan of shutting off its. water
s :PDiv and a .warm contest is
assured when t he ease comes for trial
before Judge Chapman on Dec. 30.
'
A Oneer -aloon tinntroversy .
A q'iffr sort of a controversy has
nrisen iver ihK operation and owner
ship of the Hotel Riley saloon. Some
two months ago the proprietor "W. F.
Hamilton, sold the saloon to A. C,
McCImtic, a recent comer from Ued
Cloud. A mortgage for $300 was as
siimei by Mcl'lintic and a short time
ago Jim. Shafrr purcha-ed the mort
gage, hi'-li was th-n one. On Satur
day lat Mr. Shaf-r gave the proprie
tors notice that he wanted possession
and as th name was refused Mr.
Shaler took steps to get possession by
replevin proceedings. During the
interim, the cash register, valued at
$175 and weighing almost as many
pounds, was rem ived from the saloon
Neither Shafer or Mct'lintic pro1
fess to know anything of" the
register's whereabouts, and in
fact it is understood that both men
hint that the other knows more about
the disappearance that either cares to
tell. Deputy Sheriff flyers took pos
session and t fie saloon was closed Mon
day Shaft-r filed his replevin bond
late that afternoon and now has the
right of posse-sion. The fixtures are
a part of thu hotel property, Shafer
having a lien only on the stock of
liquors Ude-the law it will be an
imp -ibi!it t for Shafer to dispose of
any of the liquors, as he is minus the
necessacv saloon license. Neither can
he sell t he stuff, as a sort of wholesale
deal. a- h- hn no eovernment license
for rifstue From the above 8'ate of
facts it becomes apparent that Shafer
must call McClintic back into the busi
ness or else undertake to drink the
stock of liquors himself. The tangle
will be unravelled by some means, at
any rate, as the saloon is ordinarily a
good paying business and the hotel
owners will hardly permit the property
to stand idle.
Poetry (In the Kiver.
Walt Mason, in the Lincoln Journal,
prepetrates the following:
"Professor Skinner, superintendent
of the schools at Nebraska City is try
ing to educate the people of that
metropolis to a proper appreciation of
the poetry of Robert Browning, and
the friends of E. F. Warren are natur
ally indignant.
"John C. Watson addressed a meet
ing of citizens on Thursday evening,
upon the question, and denounced the
effort of the professor very bitterly.
'The thing that keeps down American
literature,' said he is the fact that our
poetry has to compete with the pauper
poetry of Europe. I believe in patro
nizing and protecting home industries.
Who is this man Browning, that he
should endeavor to take the bread out
of Mr. Warren's mouth? The latter
gentleman can write good enough
poetry for this town, and he turns out
lots of it. The man who will boom
foreign poetry in preference to the
home product, is disloyal and ought to
be suppressed.'
"Mr. Watson's remarks were re
ceived with great enthusiasm and ap
plause.'" Don't fail to call on Gering & Co.,
before purchasing your Christmas
present.
W. B. Simpson, a prominent jeweller
of llolden, Johnson county, Missouri,
died Thursday of a broken heart, the
circumstances being peculiarly sad, al
though sensational. At Warrensburg,
Mo., his son Charles, was convicted of
embezzlement and sentenced to two
years' imprisonment in the peniten
tiary. It was announced that the lad
would be taken to prison yesterday.
Thursday morning the father, who
was in his usual health the day pre
vious, was unable to leave his bed, and
died of a broken heart an hour before
the departure of the train that carried
his son to a convicVs cell. His physi
cian says the lad is thoroughly de
praved, and as the train pulled into
Sedaliahe was smoking a cigarette,
and held his handcuffs aloft at the car
window to be viewed by depot plat
form spectators, as if he was going on
a pleasure excursion.
llarlincton Will fowibljr liuy.
A dispatch from Butte, Montana,
says: "G. w. Holdreee, general man
ager of the Burlington, and G. II.
Crosby, general freight agent, are in
Butte looking over the route for the
extension of the Burlington from Bil
lings to Butte. It is said on good
authority that the Burlfngton received
a proposition from Marcus Daly, presi
dent of the Butte, Anaconda & Pacific,
for the sale of the latter road to the
Burlington for a westward extension.
and Iloldrege and party are looking
into the proposition. The Butte, Ana
conda & Pacific is being constructed
from Butte to the northwestern part
of the state to a junction with the
Great Northern."
Call for the horse brand of Johnson's
Magnetic Oil. It has no equal for the
diseases of horses and cattle. Sold by
Fricke & Co.
South Omaha Stock Market.
Tattle The following were the
rang of prices today:
Prime steers, 1.300 to 1,600 lbs M00 S4 75
Choice steer. 900'to 1,300 3 60 QA 50
Common to fair ste ers 2 75 t3 Co
Good to choice cows 2 00 a3 00
Common to medium cows 1 25 6iS 00
Goo 1 Dative feeders 2 40 r-3 40
Fair to medium native feeders 1 75 Gi 50
Hoos The following were the range
of prices today:
Light and medium hogs $3 65 &A 15
Good to choice mixed hogs 4 CO ft 4 25
Oofd to choice heavy hogs 4 15 Gli 40
Mrs. J. C. Cumm ns has sufficiently
recovered from her illness with pneu
monia to leave her bed. Mrs. Cum
mins' condition was extremely critical
for several days and her return to
health is gladly welcomed by a host
of friends.
Mrs. Maiy Harrison.tbe aged mother
of Pmllip Harrison, who accidently
fell down a cellar way some days ago.
is slowly improving, although she suf
fers from a cut on her head and some
severe bruises. She is some 82 years
of age, and quite feeble.
Christmas Fresants.
Bay an elegant box of Pepperberg's
Christmas cigars, for sale by cigar
dialers and at the factory. td
J. Pepperbekg.
A. hanging lamp complete, for $1.50
at Gering & Co's.
A gentleman of our acquaintance,
whom everybody in Cass county
knows, relates that during the cam
paign a prominent and wealthy demo
crat residing in the extreme western
part of Nebraska one day received a
note from the general manager of a
certain railway at Omaha, in which
the writer said: "Would be pleased to
see you at my office at your earliest
convenience." No intimation what
ever as to the purpose of the visit.
Somewhat astonished and at a loss to
know what it meant, he showed the
letter to our informant. That gentle
man curtly told him it meant "poli
tics," and, said he, "I'll bet you the
beer that what he wants is for you to
vote for Majors." The bet was made,
and after a few days the prominent
democrat in question journeyed to
Omaha, and sure enough the predic
tion made by his friend was correct.
The result of the interview was not al
together to the taste of the railway
magnate and when it was over a postal
note went back to our friend: "You
have won the beer. I've had mine. Go
and get a drink and pay for it." Such
is patriotic politics from the stand
point of the rail way magnate.
The remains of Maud Rubel, the
Omaha girl for whose murder Sam
Payne has been sentenced to the peni
tentiary for life, were exhumed Thurs
day by order of the parents and for
warded to Eddyville, Iowa, for rein
terrment. It was the first glimpse of
the corpse which the parents have had
and they readily pronounce it that of
their daughter.
Aaron IlirshOeld, the Helena, Mont.,
banker, made famous by the recent
trial in Fargo, N. D., where his wife
and all of bis relatives figured in the
case, has made a settlement with Mrs.
nirshfield which will eventually give
him his freedom. It is understood he
rs to pay her $31,500 and she is to drop
all further claims against him. The
payment of the money contains with
it the provision - that all expenses in
curred by Mrs'.' Ilirshfield during the
trial are to be borne by her. It is ex
pected that Judge McConnell will now
grant the divorce separating the two.
Mrs. HirshGeld's original claim
against the banker was $75,000.
F.N. Price, who dilates between
this place and Nebraska City as sales
man for Swift & Co., the South Omaha
mea' packers, was one of the gentleman
in charge of the fake petrified man
which was unearthed near Chadron
some two years ago and was after
wards exhibited all over the west,
Plattsmouth included, doctors and
scientists every where pronouncing it
to be a genuine petrifaction. Mr.
Price and his partner sold the stiff
shortly after they were in this city to
a Kansas man and it was exhibited by
the 1 ttter several months before the
full facts in regard to its being manu
factured and buried near Chadron
fully came to light. Mr. Price has not
seen the alleged petrified man dis
covered recently near Council Bluffs,
but from the description he is inclined
to believe that the "discoverers" are in
possession of the same one of which he
once was a part owner. Mr. Price in
tends to get a look at the Council
Bluffs article before long and will put
the public on if it is the same old
petrifaction.
As long as people insist on going
hunting the usual quota of accidents,
due to the accidental discharge of
shot-guns, are sure to occur. Down at
Nebraska City one Frank Wallbridge,
aged about fifteen, together with his
brother and a companion, was out
hunting on Sunday. While sitting
down under a tree resting, the gun in
Frank's bands accidently exploded,tbe
charge passing through his left hand,
larcerating it in a terrible manner. A
number of shot lodged in his Bhoulder
and arm. A portion of the charge
passed so close to his brother's head as
to render him unconscious for a time.
Out near Butte, this state, a man
named Butterfield was preparing to
violate the commandments by fixing
up his gun for a Sunday hunt, when
both barrels were discharged and one
of bis hands was shot entirely off.
The Omaha World-Herald Bays:
"Mr. and Mrs. II. F. Cady and Mis
Cady, Mr. and Mrs. C. N. Do-'z Cap
tain P nifi and Miss Palmer have
planned a most delightful trip. They
leave Omaha February 1, and join a
party of New Yorkers sailing on the
Friesland, February 6. They will do
the shores of the Mediterranean
thoroughly, visiting the holy lands and
return by way of Paris, stopping for
some time in the French capital.
A JUDGE'S TROOBLES
Trials of a Brooklyn Judge Out in
the Far West.
ATTEMPT AT TRAIN BOBBING.
A Baud of Bandits Make an Kffort te
Hold l"p a B. & M. Passenger Train
Ont at Ilyannis Varlors
Other Jottings.
Judge Benedict In a Queer Tangle,
The following from Friday's Bee in
relation to a suit between Judge Bene
dict of Urooklyn, N. Y., and J. E.
Riley at Omaha, is of interest to
Plattsmouth people inasmuch as the
Brooklyn judge is the owner of the
Hotel Itiley property in this city,
while Mr. liiley first bnilt the hotel:
While Judge Benedict of the United
States court for the eastern district of
New York left Omaha Wednesday
with a verdict in his pocket for $13,500
against the T. L. V. Land and Cattle
company, his pleasure over the win
ning of the verdict was shaded with
sorrow over the evidence filed in court
that the case is not yet decided.
Judge Benedict and bis brother and
sons were packing their grips piepara
tory to their return to New York,
when they were served with notice
that the T. L. V. Land and Cattle
company had commenced suit against
them for 836,000 damages, and had set
up claims that reflected severely npon
the conduct of the Benedicts in their
management of the big ranch of the
company out in Howard county.
The verdict against the cattle com
pany was on promissory notes given
by George A. Benedict, a son of the
judge, who was manager of the ranch,
to L. B. Benedict and R. D. Benedict,
his brothers. The petition filed "Wed
nesday alleges that the botes were
fraudulently obtained. It asserts that
J. . Riley of Omaha has been presi
dent of the company since its incorpo
ration in 1SS6, but that the members
of the Benedict family have heldallof
the offices, and have held the meetings
of the company without his knowledge
and have kept the books and accounts
of the concern in Newark, N. J., and
be never had any knowledge of what
was being done with the property un-j
til in 1892, when he bcugbt the inter
ests of the Benedicts and secured con-!
trol of the books. Then he learned for
the first time that notes had been given
by George Benedict to his father and
brothers aggregating $30,000, which
they claimed had been expended in
improving and operating the ranch.
Mr. Riley in bis petition alleges that
he bad to pay the Benedicts a large
sum of money for 3-5,000 acres of land
which they claimed to have bought,
when as a matter of fact the land bad
been acquired by tree claims and home
steads taken by the employes of the
ranch, and improved and paid for out
of the funds of the company. He also
alleges that George Benedict, as man
ager of the ranch, bought blooded
horses and hounds in New York and
invited young society swells from Mc
Allistertown out for long hunting
trips, the heavy expenses of which
were paid out of the funds charged for
the operation and improvement of the
ranch: It is also alleged that Manager
Benedict bought and equipped a fine
ranch of his own out of the funds of
the company. .
Mr. Riley alleges that the money
secured from the eastern Benedicts
was obtained on false representations,
and was not expended or used for the
benefit of the company or its property.
The total claims of Mr. Riley and his
company against the Benedicts
amounts to $36,000 in which sum he
asks judgement.
Another Attempt at Train Robbery.
An attempt was made just east of
Hyannis. Neb., Wednesday night to
hold up the B. & M. train from Bil
lings. The train was preceeded by a
freight, which intended to take a sid
ing not far east of Ilyannis to let the
passenger pass it.
The robbers, evidently believing
that the freight was the passenger,
flagged it a little west of the siding,
but on finding that it was only a
freight allowed it to proceed. They
seemed surprised to see it then go
on the sidetrack, and had not got so
far away when the passenger whizzed
by but that their number could be as
certained. There were six of them,
and their leader, it is said, was recog
nized as being one of the hard charac
ters in that part of the country.
Headquarters for cheese at Weck-
bach's grocery.
ABOUND THE COCRT ROOMS.
DISTRICT COURT.
Judge Chapman granted a decree of
divorce to the plaintiff in the suit of
Ella Stout vs. Elmer Stout, and gave
her the custody of her child.
Judge Chapman has decided the con
test over the short term seat in the
city council from the Fifth ward, in
favor of the contestee and present
holder of the office. Mr. Geo. Hawkins,
and against the contestant, Mr. Jno.
D. Tutt. The decision was handed
down late Monday afternoon and, as
a matter of fact, occasioned genuine
surprise. In his finding the judge lays
considerable stress on the preparation
of the ballots for the Fifth ward at the
last spring election by ex-City Clerk
Fox, and it is held that the placing of
the name of Mr. Hawkins on the bal
lot as a candidate for the long term
was unwarranted, inasmuch as the
certificate of nomination filed by the
Fifth ward republican primary officers
did not specify whether Mr. Hawkins
was either the long or short term can
didate. The court costs so .far foot
up to almost $200. Mr. Tutt, through
his attorney Matthew Gering, will
immediately prosecute an appeal to
the supreme court.
COwNTY COCUT.
Proaty & Son, the Alvo millers, have
commenced an action in replevin be
fore County Judge Ramsey to recover
possession of a car of flour shipped to
J. N. Drake, the Louisville merchant
who recently failed,and which has been
seized by Mr. Drake's creditors and
offered for sale. The Alvo people
allege that the flour was stationed in a
car in the Louisville yards and was
not yet delivered to Mr. Drake at the
time of its siezure by the creditors.
The shipment is valued at $400.
JUSTICE COURT.
Justice Archer rendered judgment
Saturday in the plaintiff's favor in the
suit of G. W. Barnett vs. F. M. Massie
for tl61.S5.
In the suit of Jno. Beckman vs. the
Missouri Pacific railway, tried before
Justice Archer the other day, a judg
ment was handed down today in the
defendant's 1 avor.
In the corn deal dispute of Wilcox
vs. Davis, tried before Justice Archer
the other day, judgment was rendered
Saturday in defendant's favor in the
sum of $10.31. The costs, amounting
to $31, were taxed to plaintiff. Wilcox
sued for $S1.
Andrew Mickle, the man whom
Justice Archer consigned to jail Fri
day in default of furnishing bail, was
released Saturday on his own recog
nizance to appear in district court at
the February term and answer to the
charge of threatening his wife's life.
Mrs. Mickle, as soon as her husband
was behind the jail bars, exhibited a
great change of heart and it was prin
cipally on account of her pleadings
that Mickel's recognizance was ac
cepted by the court.
COURT ROOM NOTES.
The trial of E. C. Hockenberger, Hall
county's defaulting ex-county treas
urer, is proceeding at Grand Island
with customary slowness, the oppos
ing attorneys being disposed to con
test every inch of ground. The amount
embezzled, as charged by the state, is
$6,400. Hockenberger is an ex-ball
player and assisted the Grand Island
team to wipe up the earth with Platts
mouth's nine at a game played in this
city some six or seven years ago.
'A Marshall county, Iowa, farmer
has made a valuable test of feeding
crashed wheat and corn to hogs. He
took two tons ot feed wheat and added
100 bushels of new corn. He then
weighed and put up 110 shoats weigh
ing less than 100 pounds each. They
were then fed on the mixture of
crushed wheat and corn, and in six
weeks the net gain was 3,6(0 pounds,
which at 4 cents amounted to $146.40.
The wheat, cash $46; corn $-50; total
$96; leaving net profit, $50.40 a profit
of over fifty per cent in six weeks time.
The "W. C. T. U. of this city are pre
paring a box for the drouth sufferers
of the western part of this state and
will be glad to have donations of cloth
ing;, food or money from any one. Do
nations can be sent to Mrs. Dr.Schild
necht, chairman of committee.
A box of nice Christmas cigars,
manufactured by Pepperberg, twelve
in a box, only sixty cents, at Gering &
Co.
O. L. Rice, Mendota, 111., writes:
"Have used your Japanese Pile Cure
and found it a sure permanent cure."
Sold by Fricke & Co.
SATURDAY'S SALAD.
Various Bits of News of Interest to
Journal Headers.
A MOTHER-IN-LAW RELENTS.
Bill Wagner Has A Narrow Escape From
Again railing Into the Clutches of
the Law An Awful Show
Other Notes.
The Mother In-Ltw Relented.
Bill Wagner, with all his cussed
ways and gruff manners, certainly
possesses some peculiar influence over
women. It was only a few days
ago that Bill finished serving a forty
days' sentence in jail for defrauding
Elias Sage out of $32 worth of apples,
and Friday he celebrated his return
to fresh air by performing another of
his customary deeds of deviltry. Mrs.
Denson, the mother of Wagner's de
ceased wife, was out in the country
and when she returned, in the after
noon to her home in the Fourth ward
she found the front door in her house ;
battered into pieces. Wagner put in
an appearance a short time after and
made himself exceedingly obnoxious
by threatening to shoot Mrs.Denosa's
boy, and in fact, the whole neighbor
hood was endangered with a general
tear-up. Mrs. Denson appearsd to
resent her son-in-law's actions, for
she came down town Saturday morning
and petitioned County Attorney Tra
vis to draw up a complaint against the
destroyer of her household's peace.
Justice Archer issued a warrant for
Wagener's arrest and Mrs, Denson de
parted apparently satisfied. Shortly
after one o'clock Chief Dunn jour
neyed over to Mrs. Denson's home to
inform her that the hearing would oc
cur at two o'clock, but he was taken
completely by surprise when he found
Wagner perched at the table eating
dinner, while Mrs. Denson wore an air
of contentment which plainly signified
that she and her erring son-in-law had
made it all up. To Chief Dunn she
stated that didn't care to prosecute the
case. That ended the matter and Jus
tice Archer accordingly dismissed the
action. The officers are now endeav
oring to locate just what it is that
makes Bill Wagner bo-smooth.
The "German Soldier Skipped.
Union Ledgex.
The much advertised Columbian
Specialty Company appeared at the
hall in this city last Monday and
"showed" to 32 people of Union and
Col. Sam Gosney of Omaha. We have
seen many "snide" shows in our short
life time, but of all we have ever seen
this one was the worst. The company
was made up at Plattsmouth under
the management of one Chas. Failing
and this was their first and last ap
pearance as a show company. The
affair reminded one of little school
boys practicing a simple dialogue for
a school exhibition, and. the only
strange part was that they were al
lowed to carry their program to a
finish. Soon after the show Manager
Palling dropped out of sight having in
his possession the proceeds of the
Bhow, and when Am Smith sought to
collect $2 hotel bill it was found that
the rest of the outfit had not that
amount of coin on hand, consequently
Mr. Smith began to investigate the
contents of the old trunk the manager
left at the hall. The trunk inventory
revealed property valued at something
near 40 cents, and Smith concluded
not to hold it for the bill, but he took
charge of the team which the boys
drove and solemnly declared that
nothing but $2 would save the crowd
from hoofing it back to Plattsmouth.
Finally one of the boys produced a
watch which Smith thought was
sufficient to guarantee the bill and the
team was released. The boys then
started home to their mammas, vow
ing that Failing should pay for his
perfidy with his life, but as yet no re
port of a midnight murder has reached
this office.
Just such outfits a3 this have taken
in our people several times but this
will probably be the last. Unless the
town can have respectable entertain
ments instead of such frauds the show
business here will not receive the pat
ronage of the people, and one-horse
outfits might just as well give Union a
wide berth hereafter. Plattsmouth and
Nebraska City have both sent alleged
shows to this town,for which we have
no thanks to offer.
Have you seen the necktie boxes at
Gering & Co's. They mke a nice
Xmas present.