Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901, March 14, 1895, Image 1

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VOL. h, so. 12.
10MHJ U 1J0L
A Verdict of Manslaughter Accorded
Pugilist Jas. Lindsay.
lTlsonrr Attorney Give Nolle That
They Want Another Chnf-Verdict
Gie General 8 tif ac
tion JottiDc.
The jury iu the Lindsay trial came
into courtThursday night w ith a verdict
of guilty of manslaughter with a re
commendation to the clemency of the
The arguments in the case were
completed at 5:30 o'clock Thursday
evening. Mr. Polk, the county attor
ney, was followed by Mr. Gurley. who
talked ably ;ind eloquently for an hour,
closing with a beautiful peroratiou
urgin.- the jury for the love of justice
to render a just verdict and acquit
his client. Mr. Beeson followed, mak
inz an argument winch placed the
blame for the affair ou the community
at large, and if there was any blame
the whole town and county was &t
fault for it. Mr. Wooley made the
closing speech, reviewing the case and
summing up. II is argument wa clear
and convincing rather than elegant it
finished. At its close the jury retired
in charge of the sheriff, the large audi
ence, composed iu part of ladies,
rapidly melting away.
Court adjourned at 6 o'clock. At
aijut h-v the jury signiried the fact
that they had agreed to a Verdict, and
SOMT1 after the court, the prisoner, the
attorneys and quite a body of citizens
gathered in the court room; the jury
tiled in and through their forman de
livered the verdict to Deputy Clerk
Butler, who, at the court's suggestion,
broke the seal and read it. In words
it was to the effect that "we, the jury
find James S. Lindsay guilty of man
slaughter, and recommend him to tte
clemency of the court." At the request
of Mr. Root, the prisoner's counsel,
the jury was polled and as each name
was called the jurors answered that
that was his verdict. Notice was
given of a motion for a new trial. The
prisoner was then delivered to the
custody of the oSicers, the special
venire jurors were discharged and tLe
scene wa ended.
The best Iowa sorghum at 50 cents a
gallon at McCour.T's.
A Man of NorT.
Tuesday's World-Herald Bays: On
passenger train Xo. S, Union Pacific.
yesterday morning, was the king of the
men of gall. In the train was a car
load of horses enroute east. Thetrain
was running fast, and when a few
miles west of Valley the bell cord was
pulled and the engineer shut off steam
iipd brought the train to a stop. Con
ductor Tom 'ah ill and BrakemanJoe
Williams rushed for the platforms to
see what was the matter, and all they
.saw was a man running back for his
hat that bad blown off. lie picked it
up and placing it on his head walked
leisurely to the car containing the
horses, and the conductor motioned
for the engineer to go ahead. Then,
with Williams close at his heels, he
went forward to kill the man who had
stopped a passenger train to get his
hat. When Cahill and Williams
reached the car they found the man
fitting on the steps whistling "Buffalo
Girls, Are You Coming Out Tonight."
Why don't you get in where the
horses are?" demanded Cahill, after
he had exhausted himself.
"I don't belong there," said the fel
low. "I am traveling as a tourist."
It required several minutes for Cahill
and Williams to realize that it was a
bum stealing a ride w ho had stopped
the train for his hat, and then report s
from Valley are to the effect that the
bum came dowu twenty minutes after
he left the train and that he will
probably live.
Shocking Accident fet lloltlrrr;.
The yards of the B. & M. railway in
lloldrege was the scene of a Bbockirg
accident Tuesday afternoon in which
a son of II. L. Miller of lloldrege was
instantly killed. The boy was about
fourteen jears old and was picking
coal on the track. In doing so lie
climbed under some cars. The train
started up and he was caught, the top
of his head being cut off and the
brains coming out on the track. A
coroner's jury found that the blame
was entirely that of the victim.
Syrup of Tar and Wild Cherry wilS
cuie that cough . r cold. Hold only by
Gering & Co.
Tus. Journal office has been re
moved from the Fitzgerald block to No.
308 Main street, commonly known as
the Drew building, where it will have
more commodious and roomy quarters,
and to which place it cordially invited
all its patrons. Come and see us, and
don't forget the place 30S Main street
Drew building.
I Aptly Kald.
With the wedding of Anna GouW
to the French Count, Castellane, for a
theme. Col. Bixby of the Lincoln
Journal perpetrates the following:
Count Castellane is on the sea
With Anna and the boodle;
He has no further use, you see.
For land of Yankee Doodle.
lie did not come here for his health,
Nor yet for fleeting pleasure;
He set his net to capture wealth
He fished for sordid treasure.
lie sought the hand of Anna Gould
With promises a taukful.
And she, poor cirl, was sadly fooled
And he is rich and thankful.
When he his squandered all the
. wealth
She lavished'' for bin pleadings,
He'll send her back here for her
And try divorce proceedings.
Although he has a large amouut.
This titled snob she trusted,
Will break her heart and bank ac
count And send her homeward busted.
O, wealthy maids, a warning take
From her prospective sorrow,
And let these titled paupers make
The cash they need or borrow.
America can scarce afford
vTiie very thought brings loathing)
To keep the foreign duke and lord
And count in food and clothing.
A law should pass without delay
For making matters level
To keep these scheming dukes away
Or fine them like the devil.
A U'ouiau hulrltle.
A dispatch from Elmwood in Friday
morning's papers tells of an awful
tragedy which occurred Thursday
morning near the towu of Alvo, this
"Mrs. Margaret Quillhorst, wife of
John Quillhorst, living one and one
fourth miles south of Alvo, was found
dead in the smoke house yesterdaj
morning with the top of her head
blown off. She got up Thursday morn
ing feeling as well as usual and got
breakfast. When the breakfast was
prepared she told the family she wished
to step out a minute. They waited for
her return.but as she did not coine,her
husband went out look for her, and
found her lying in the smoke house
with tiie top of her head blown off and
a double-barreled shot gun lying by
her side. Coroner Clements of Elm
wood was sent for and held an inquest.
The verdict of the jury was that she
came to her death by shooting herself
while laboring uuder a fit of temporary
insanity. She was about thirty-five
Tears of age."
i:x-MMi-lia! Slaughter J Stietl.
Brad Slaughter, ex-United States
marshal, and his bondsmen have been
sued in the federal court at Omaha,
under direction of authorities at
Washington, to recover between $4,-
000 and $5,000 of fees claimed to be
due the government. When Mr
Slaughter went out of oflice to make
way for Frank White of this city, he
had an account with Uncle Sana which
still remains unsettled. It is the
understanding at federal oflices that
he Iihs been hoping for a suit or some
kind of a proceeding that would force
a settlement. He claims is due him
about $9,000 and the controversy arises
out of changes and modifications of
changes in rules for the conduct of the
business. The questions growing out
of these have been as to what fees and
mileage he was entitled to draw under
the three rules in force covering the
same duties while he was in otlice.
There is also an unsettled claim for
hanging the soldier Dixon at Omaha.
Mr. Slaughter retained moneys coin
ing into his hand3 to cover pint of his
claims and the suit is evidently for
New Poultry Firm,
Mesrs. McCourt & Black have begun
the business of buying poultry for the
city markets. They will pay the best
prices in cash. See F. McCourt or
E. V. Black for prices.
dl'v St.
Money to loan by the Livingston
Loan trid Building association. Apply
to 11.11. Gering, secretary.
Grandfather llrantner, who was
very low with pneumonia yesterday,
showed some improvement today, and
the relatives aud friends at his bedside
now have a hope for his recovery.
The message of ex-Governor Crounse
and Governor II ol comb to the state
legislature were ordered printed to the
number of several thousand in three
or four languages, and the Lincoln
Journal mentions the Bohemian pro
duction as follows: "The Dvooltta
zparva Guv. Loreuzo Crounse has just
been distributed among the members
of the legislature. If the statement
on the cover can be relied on the
Dvouleta zparva is accompanied by a
uastupni rec Guv. Silas A. Holcomb-a.
This statement, which taken alone
might not seem entirely clear, is made
lucid by the explanation that ku dva
catemuctvrtemuzasedauizstkonodorny statu Ntbrasky."
Col. Folk's News complimeuts
Mayor Newell's veto message of the
police judge fee ordinance as "au able
logical" effort, nnd in the next breath
states that the city attorney's opinion
in the premises, on which the mayor's
message was based, is not good law
aud "won't hold water." We will
agree with the News as to the latter,
but just how "an able logical" veto
message could b based on a poor legal
opinion is really past our comprehen
sion. The truth of the matter is that
the city attorney did not give the mat
ter as full a rest arch as the pulia
tion deserved, for the law is as plain
as day and cannot possibly admit ol
the conclusion arrived at by the
mayor nnd attorney. Col. Folk would
haveben much wiser in saying noth
ing, instead of fawning over the mayor
in a manner which is almolutely dis
gusting to all conversant with the
situation. The newspaper which
fawns over office-holders invariably
makes its readers nick.
The time is near at hand when tree
planting will be in order. The Jour
nal would be delighted to see more of
it done this spring in Cass county
than ever l-frrr. The planting and
caring of an orchard is not so mys
terious an aflair that any one cannot
learn to do the work reasonably well,
60 as to warrant success in the under
taking. The successful rearing of an
orchard is an achievement that is
well worth the ambition of any farmer,
because it will not only pay him in a
moneyed sense, but the example to
others is a cood one, care of an or
chard is self-satisfying and is of an
elevating character. Six years is
enough to grow after planting, and
from that time on for twenty years an
orchard is a source of prolH. Small
fruit, too, maj be grow n on the same
ground for many years without injury
to the fruit trees. The fact has leen
demonstrated that in no part of the
country can fruit t specially apples
and small fruits be grown to better
advantage or letter results thui iu
Cass county. A If half the county were
covered w ith orchards toda it would
make this the market center for fruit
for the whole couutry, and our or
chardists could dictate the price at
which fruit should be sold as the
orange planters of California largely
do for their fruit now.
There was quite a crowd of Junc
tion ites who went over to Flattsmouth
last Friday in hopes of witnessing the
execution of Murderer Harry Hill, or
the excitement incident thereto, but
as the Iowans arrive d jut in time to
be too late.their names am omitted for
specious reasons. But a quartette of
railroaders Walter Dkes.Geo. Beck
witu, John Jungquist and 11. E. Mc
Donald nearly got left also upon their
return trip, and it was only by the ex
hibition of extraordinary sprinting
abilities and the explosion of a vocal
skyrocket that No. 52 was caught. The
genial quartette had been partakingof
an excellent dinner at the hospitable
home of Mr. Joe Klein, the well-known
clothing merchant, nnd the delightful
feeling ol perfect satisfaction which
prevaded their beings, give Time an
opportunity to slip by unobserved.
Their flight along Main street nearly
precipitated a riot, for with praise
worthy motives, but under a mistaken
idea, eveiy dog, ofllcer and unoccupied
citizen in the town gave chase. The
tirae made was the best on record, and
if any one wants the distance, Walter
Dykes can tell thrm the starting point.
Junction Becorder.
Money to I. own J
On farming lands. Low rates, long
times. No delay in securing loans.
Inquire at First National bank. 7
Grand Master Must Answer For His
Misdeeds In The Courts.
Trealdeut I'erkin tit the Ilurllnffton VUlta
Platumouth While on III lU(ulr
Trip Over the Koad Various
Other .fottluc.
Trouble la A. O. U. W. Itauke.
The unfavorable sentiment which
has long existed amoung the several
hundred members of the A. O. U. W.
in Flattsmouth against the methods of
Grand Master Tate and other officials
in handling the businss of the order,
has spread to that extent which now
takes in almost every lodge in eastern
Nebraska. The grand lodge officials
have their otlice in Lincoln and the
revolt against Czar Tate among the
Lincoln members has assumed formi
dable proportions, as the following
from today's Lincoln Journal will tes
tify: 'William Gray, C. F. Barras and II .
M. Caseheer tiled a pelitiou in the dis
trict court asking for a peremptory
inatidani'is compelling Muster Work
man J. G. Tate, or Acting Master
Woxkmati It. W. Latlin to issue in
structions to all Ancient Order of the
United Workmen lodges to nominate
lepresrnlalives to the grand lodge.
whscli shall meet in Kearney iu May,
In the coutse of their petition,
which contains copies of the constitu
tion and by-laws governing the order.
they detail the methods of the order.
They set up that a meeting of the
grand lodge was held in Lincoln in
May, IS'.rt. and that J. G. Tate was
elected master workman, It. W. Lafiin
grand foreman, and L. A. 1'aine grand
receiver. It was learned afterwards
that Faine was short, as supposed at
the time. something like 1100. Master
Workman Tate and one or two other
officers borrowed enough money from
a - bank to make up the de
ficiency. When an examination
was made. It was learned that
Mr. 1'aine was in reality short
f -v2 Ss. Mr. Tate proposed that the
amount be paid out of the funds of the
order, and it was done. Then the peti
tion claims that after a statement of
the funds of the grand lodge had been
made, Mr. Tate sent out instructions
to the subordinate lodges that they
need not elect representatives to the
grand lodge in Kearney, as none would
be held, owing to the lack of funds.
The plaintiffs set up that this is not
true, as the published statement at
tached will show.
"The plaintiffs assert further that
Mr. Tate has the bond of Mr. Faine
iu his possession and that he has de
clined to bring suit against him to
compel his bondsmen to make good the
funds abstracted from the exchequer
of the grand lodge to pay his private
debts or those of Mr. Tate's friends.
They say that it is necessary to hold a
meeting of the grand lodge In order
that necessary steps may be taken to
compel a settlement.
"They further say that the A, O.
U. W . has out more than $3G,(KX,000
worth of insurance policies in this
state which it is highly important
should bo kent iu force. In order that
there may be no tlaw in the title to
these policies it is necessary that the
order shall comply with its constitu
tion and hold a grand lodge for the
adjudication of any claims that may
be made.
"They also claim that Mr. Tate has
been asked to instruct all the subordi
nate lodges to elect delegates to the
grand lodge and that he has refused
to do ho. They claim that he is now
out of the state and that It. W.Lnllin,
as grand foreman, is acting master
workman. He too has refused to send
out instructions to subordinate lodges
calling for the election of delegates.
They ask for a premptory mandamus
ordering him to call for a meeting of
the grand lodge. The court will hear
the case this afternoon."
8rl lotatne
The undersigned in enabled to fur
nish the trade with the following vari
ties of seed potatoes: Early Ohio, Early
Bose and Burbauks. These potatoes
arc warrauted to be first-class for
planting and those buying can rest
ussured of rcceiviug good quality.
d&w2wks A. II. Wr.CKitACH.
German Vegetable liver pills are
without a rival. Sold only by Gering
& Co. 9
In the trial of Mrs. G. W. Mayfield
vs. Henry Boliu, on trial Monday
and Tuesday in district court, the jury
found for the defendant.
In the suit of Lon Marshall vs. C. M.
Graves, Judge Chapman today entered
judgment against W. T. Cole, surety
on Marshall's appeal bond.
In the suit of Langhorat vs. Hoefer,
on trial Tuesday in district court, the
jury found for the plaintiff in the
sum of $362. CO the full amount sued
Judge Chapman heard the evidence
today in the suit of Minnie Guthmann
vs. Jacob Vallery, sr., administrator of
the estate of Mary J. Guthmann, de
ceased. The jury in the case of Mrs. Streigel
vs. the U. O. T. B., tried Friday in
district court, found for the plaintiff
in short order. The defense has signi
fied an intention of appealing.
For aiding and abetting the Lind-say-Itobbins
prize fight in this city
last summer, Arthur Bothery and Fred
O'Neill were lined 40 and sentenced
to one day's imprisonment in j til, sen
tence being administered by Judge
Chapman today.
The motion for a new trial in the
case of the Flattsmouth Stre-t Bail
way vs. Dr. D. S. Mercer, of Omaha,
which was recently decided adversely
to the doctor, was argued before Judge
Chapman in district court this uitn
ing and the court took the matter
under advisement.
In the case of Met, vs. the Bank of
Commerce of Louisville, on trial all
day yesterday in district court. Judge
Chapman instructed the jury to find
for the defendant without leaving the
box. The evidence was quite plain
that Metz had leen "skinned" in a
trade, but the bank was not the guilty
The criminal docket was given a gen
eral cleaning-up in district court today
aud at the suggestion of County At
torney Folk a full dozen of the less
important cases were dismissed, the
costs in several cases, however. ting
taxed to the party who complained.
The Griswold case aud the motion for
a new trial in the Lindsay matter are
still pending.
Judge Chapman today granted plain
tiff in the suit of Jacob Steicer vs. C.
B. Teflt a judgment for loC.2. This is
the well-know pop corn suit which
originated in the town of Greenwood.
Teflt purchased a large consignment
of pop corn from Steiner and stored
some in a damp cellar. The corn sub
sequently lost its popping qualities
and Teflt refused payment.
The commissioners have applied the
knife to Sheriff Eikenbary's claim for
?"00 for conducting Harry Hill's exe
cution and Hllowed but $1h f r the
The county commissioners Friday
considered the bill of ex-County Attor
ney Travis for clei k and stenographic
hire, amounting to $m), and disal
lowed it. A bill of T.O paid out for
assistant attorneys was allowed.
Deputy Sheriff Holloway and County
Attorney Folk drove through Wednes
day's storm to Wabash and vicinity to
secure the affidavits of jurors on the
Lindsay case for the purpose of coun
ter-acting the showing which the
pugilists attorneys have made for a
new trial. Bailiff James Newell jour
neyed to old Kenosha on the same
County Superintendent Farley is
devoting his entire time in making
preparations for the annual institute
for Cass county teachers which occurs
at Weeping Water March 25-30. Ber
nard Bigsby of Detroit, Michigan, and
Frof. J. B. Say lor of the Lincoln Nor
mal college will be the principal in
structors and everything points to
one o? the most successful institutes
in the history of the county.
Kefuoed to Htep Dovrn.
, Tuesday evcuing's Lincoln News
Dr. Abbott of Fremont, the newly
appointed superintendent of the Lin
coin asylum, visited that institution
this morning in company with Gov
ernor Iiolcomb, aud demanded posses
sion from Dr. Hay, the present incum
bent. The latter refused to vacate
setting up the claim that he holds a
six year commissiou, dated in 1SIK)
and cannot be removed except for good
cause shown a hearing of any charges
against him. Dr. Abbott will immedi
ately begin legal proceedings.
Headquarters for cheese at Week
bach's grocery.
Story of Hill Grave Eobbery Not
Founded on Facts.
John Shafor Get Ninety Days In the
Glen wood Jail For Volatlng the
Iowa Llqnor Law-Vurloa
Other Jottings.
The rumor that Harry Hill's grave
in the Catholic cemetery had been
robbed of its body and mentioned in
Friday night's edition, bears every ap
pearance of having been a first-class
fake. Undertaker Unruh, who interred
the executed man's remains last Sat
urday, relates that he has visited the
cemetery every day this week and that
he is positive that the earth about the
grave has not been disturbed. He has
paid close attention to every detail
peitaining to the grave at the request
rf interested parties, and it is
on the undertaker's assurance that
the remains have not been dis-
ti!lh-d that the cemetery trustees
i decided to make no investigation.
1'he tearii'g up of the wooden heal
board and the breaking of a flower
ot p!ac d on the grave, were doutt-
t-s U.p acts of some diieputable van-
al, but the situation warrants no
further surmise.
(Ilrtl it .tittl tnt .
John Shafer. an erstwhile citien of
Flattsmouth, and who was recently
indicted by the Mills county, Iowa,
grand jury for illegally selling liquor
at Faciflc Junction, appeared before
Judge Green at Glenwood Thursday
and upon pleading guilty was given a
jail sentence mf ninety days. John's
experience as a saloon man has been
short, but not very sweet.
. Carleton llare I Hun.
Carieton, the Dodge count) mur
derer, has run t lie course of the courts
and will be hurgtd April 20. at Fre
mont, unless Governor Iiolcomb con
sents to interfere. The supreme. rt
Friday overruled a motion It. a re
hearing and the judgment of thelovrer
court stands. Carieton murdered an
old man named Gotham, whose young
wife had leit him and married Carie
ton without the formality of a divorce.
Sheriff Milliken, whose duty it will be
to conduct the hanging, was a witBess
of the Hill execution in this city last
I'rt-Mdent Far kin Was Here.
C. E. 1'erkins. president of the Bur
lington railway system. wa3 a Flatts
mouth visitor over night. He arrived
yesterday evening at 5:15 o'clock on
his special train from the east, and
was accompanied by three other Bur
lington officials Hnd two young ladies,
one of whom was his daughter. Gen
eral Manager Ho!dre;e of the B. & M.
came down from Omaha j rsterday cu
No. 2 in his private coach, and at S:15
o'clock this morning the two cars were
pulled out of towu as a special train.
Mr. Ferkins is taking his annual tour
of inspection of the entire system.
From here the train will go to Dead-
wood and tlieu to Billings, Mont. It
is Mr. Ferkins' lirst trip over the new-
line into Montana since its completion
and he is extremely desirous of getting
a look at the country which the Bur
lington has just opened to the com
merce of the east and south.
A Fatal Hunt.
Tuesday afternoon while otit hunt
ing geese with other boys on the Re
publican river near McCook, Bert, the
sixteen year-old son of John S. Wil
liams of Ferry precinct, Bed Willow
county, accidental! hoL himself in
the right eye with a twenty-two-cal-libre
revolver, producing a wound
from which he died at C o'clock yester
dav morning.
Last fall we were told that we could
not borrow money or renew loans if
Iiolcomb was elected coverm-r. Never
theless, I now have money to loan on
good farm security, at a less rate than
ever before. Wiite or call and see me
if you desire a loan. J. M. Ll.yia,
12-3m Flattsmouth, Xtb.
Fred Ebenger was prancing about as
frisky as a colt today, and he wasn't a
bit backward in stating to his acquain
tances that a new daughter had put in
an appearance at his home on North
Seventh street this morning. Both
mother and babe are doing nicely.
Hot weiner-wurst, free lunch and
Anheuser-Busch beer at the Casino.