Plattsmouth weekly journal. (Plattsmouth, Neb.) 1881-1901, March 14, 1895, Image 1
THE SEEL" x .jy.i. jl (4 BE JUST AND FEAR NOT." VOL. h, so. 12. PIATTSMOUTH. NEBRASKA, THURSDAY, MARCH 14. 18.)5. $1.00 IJ31t YEAR. IF I'AIO IN AO VANCE. D OUENAL 10MHJ U 1J0L V I I ) r I FOUND HIM GUILTY. A Verdict of Manslaughter Accorded Pugilist Jas. Lindsay. WILL MOVE FOR A NEW TRIAL 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 court. 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. JOURNAL OFFICE REMOVED. 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 health 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 county: "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 these. 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. OXK T11INU AND ANOrilKK. 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 TATE GALLED DOWN. Grand Master Must Answer For His Misdeeds In The Courts. IS OUT ON HIS ANNUAL TOUR. 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, ISM. 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 AROUND THK COCltT ROOMS. DISTRICT COUIiT. 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 for. 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 party. 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. COUKT IiOOM NOTES. 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 same. 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 mission. 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 says: 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. A FIRST-CLASS FAKE. Story of Hill Grave Eobbery Not Founded on Facts. GIVEN A SENTENCE IN JAIL. 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 l.tf . 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 week. 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. IAIUI LOANS. 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.