The Falls City tribune. (Falls City, Neb.) 1904-191?, February 17, 1905, Image 1
. Y ' . ; : t. . . . ht jj alt ! ) atit ! ! Irribunr . . . , . - - - - - - - - - - - - Vol. II. .Jo. i FALLS CITY , ' EBRjSKrFRIDAY , ' FEBRUARY ! Ii , 1905. \Vhole No. 5C ) i _ _ _ _ n _ _ _ - - - - - - - - - - - - - - - - Miles Will Case , Supreme Court . Decides Against Jos- ' . , . , . . . , . eph H. . Miles - - - . , At its sitting on 'l'hursda\ . - " last week the supreme court of this state handcd down the long expectcd opinion in the Miles will ) ) _ l'ase The opinion is written by Judge Scdg wick , and is concurred in by the other two . judges , 1101- I comb and Barncs. I. It will be remembered that in' ' thc original trial the opponcntsi t of Joseph i\Iiies introduced evidence i dcnce to prove that S. J3. Miles made a will in 81. Louis after thc execution of the Rube will in i whic'h Rube \ \ ill ) ) Joseph svgs ( given - cn practically all of his father's ' _ estatc. Thc execlllion of the St. Ct LouwiJl ! clcnied _ : : - ; was ( by Joseph Miles who contended that the . . . Rnlo will was thc last will male \ . * made by his tathcr. A great deal of sensational testimony was in- ' : trocluccd by the parties consisting largely of transactions : : detailed hy the deter t'c Harhaul.-1I : , hlClg'l' T110u1pSOl1 ( leciICcl thc c tSC in favor of Joseph and the other heirs appcalcd- . Upon thc first appeal I the supreme court held that a will was made in 81. - . . . Louis but affirmed the decision of Judge Thompson for thc reason - reason son that no proof was introduced 5 showing that thc St. Louis will contained a clause revoking thc RnbO will. Thereafter a petition fet a new trial wa ! ' filed by thc opponents of Joseph Miles on the grounds of newly discovered cd- dcncc , thcy claiming to have found the lawyer who wrote the SI. Louis will Evidence was taken in ; in- coIn on this petition. Paul ' 1' . ( ; arisen : of 81. Louis testihccl that . s he wrote the will and that it contained - tamed a clause revoking all other wilis. His testimony was corro- borated by his stenographer , Thomas Cannon and Judge Wind . . . ; of 5t Louis. Besides this testi. I testimony I 1I10ny evidence as to the charac- tel' 01 GubC'n : was given by 1 the United States attorney and the United States marshal - from South I Carolina , Gadsd1'S " former home , . as well as witnesses from St. LOllis. Judge Thompson again found in favor of Joseph and up- on appeal to the supreme court y the opinion just handed down reverses - 1 verses Judge Thompson and finds I \ against Joseph on every question r . or law and fact in the " ' , "c. The i . supreme court linch ; that it later will was madc in St. Louis and that it revokes thc Hulo will. 111 reply to the contention that Gad- sdcn could not be believed ties ) court says : " \Ir. Gadscl appears to come from a distinguished family of that name in South CaroJi.na. Hc is thc son of a l'Icr'man. He was a graduate "f the Southern University and took a course of legal studies front which he grad- , , , , tJt : ted in 181)3. ; : ; Ills per- sonal honor and 1 honesty are established - hlishcd by many witnesses , whose evidence cannot bl' doubted * * , ; : \Ve find nothing in the record to indicate that his evi- dcncc is corrupt with perjury , or that he as a witness was inspired with a desire to ' ( lecciye the cou rt. " It was contcnded , that becll.se the , St. Louis will was not found , that thc court as a matter of law mast presume that S. L' . Miles had destroyed it and that he did so with the intcntion to revive thc Rube wi1. ] It will be rcmcm- bered that Joseph Miles claimed l to have found thc Rube will in iln old unlocked valise : when he was alone in his flther's room in thc Union housc. The supreme court in answer to contention saysV : c have no hesitancy in , saying that no such principle can he involved 1 in a case like th is i where the one principally bcnc- tited hy the former will brings that will forward , claiming : that he has found it under such extra- ordinary i circumstances t , and dc- tiring that hc has found with it the later will which it would be so much in his interest to up- " press. Thc court further finds as a matter of law that before Joseph can take his fathers estate under the Rube will hc must prove that his fa t her destroyed the S1. Louis will and revived thc Rube wil1. In as much as Joseph and all of his . \ ' t n ( 'sses have ] testified i hat there was no St. Louis will ! . it will \ } readily be seen how clitlicult thc task imposed on him by the supreme court when it requires him to prove that S. H. Miles destroyed : ; will which he says - . - never had an existence. As tt the c1iOiully created in pro ' iug the next necessary , step , towit : ' that : S. L' . Miles revived the Rube will , it will be rL'l1IcmbcI'cd that GiJlespie one of tIle attorneys : : for Joseph has tcsti lied that when he asked S. B. 1 Miles shortly before his death where the Rule will was that 1\1iles replied to him , " ' 1 don't know where thc d----- thing is I have lost oJ'dcstro'ccl , may \ or ( ) , , " it. The closing : words of thc opin- ion of thc supreme court arc : " 't his c\'idcnce showing that thc Rule will was revoked by the subsequent ! will , there being ; no evidence from which it can be found that the fornle1 ( Rule ) will was revived , would require the rejection of thc Rube will. " Altogether thc opinion of the supreme court is i a sweeping : decision - cision against Joseph tiles , and having settled all questions of law in the case will doubtless simplify the litig-alion. We arc informed that a motion fog a rehearing is being prepared. Gone From Our Midst - - - - - - - - : \I.\I : RIIAII. 'j'IIO\J.\R : XA\'I.OI do matter where , whcn or how it comes death always brings the hitter tears of sorrow , hut it is not always ; that thc passing a single person alls forth such heartfelt expressions of regret and sympathy as is expressed b\ thc people of this city over the suddcn , uncxpccted' death of .Marshall ; Naylor. Just on thc threshold of manhood with only a glimpse of c\rth's possibilities I1C passed from thc ruffled sea of life and found peace in that quiet 1-Iaven of rest. The stormy bil- lows of adversity may toss and roll but he has joined thc ranks of God's sailor boys where no storms sweep. The wide circle of friends extcnd their condolence and sY1l1pathiz with sorrowing father , mother , brothers and sis- ters in their great and sudden bc- rea vemen t. \Iarshrtll Thomas Naylor son of 'l'homas and Amanda C. Nayl- or was born in Holton , I1aS. , April 17,1884 and died at Boston , Mass. , Feb. l 11 , )05 aged 20 years , I ) months , 24 days. 11e camc with his parents to Falls City in 1898 and grew up to manhood in our midst. Hc attended - tended our city High School and made a record as a good student. In 1904 hc entered the U. S. Marine service and was in train- ing at Boston at thc time of his dcath. The training ship being - - - - - - - - - - - the famous ! ; od ] ship ! ; the ( 'on- T stitution of the war of 1812. Marshlll : Nil \01' ] looked fori. ward to years or faithful service and expressed a desire to get an honorable disclmarge. 1L simile s soon. .A few days of illness and . Marshall Na.\1or was g'onc. His ' life's wor1 < at an end. May this 'A sad ; scene teach us to bc read . to answer our final summons. f His friend believe he was pre- - pared for death. 'j'he funeral services were held 4 from the 1\L. E. church at 2:30 : p. m. Feb. i5 1C)05 , Hev. Frank ' ; Camphcll led in prayer and l cv. Cline delivered the funeral ser- 111ol1. Intcrmcnt took place in Steele Gemctcry _ _ _ : it us. II. C. IArr ! A mid again somc loved one haste" ' to that dim but vast passed ; \ un- knowl1 , from whence there is no return , leaving behind a vacant chair and mourning friends Mrs. Eleanor l ] Lapp , after suffering for two weeks from pneumonia , pass- ed way early Sunday morning , cbrllary [ 12 , 11)05. Enjoying for the past t hi rty-t wo years close association with the people of this city and by her cheerful , loving , ever ready to help dispo- g sition her demise calls forth from ' all expressions of dccpest sorrow and sympathy. In her home where her heautitul ; traits of' chal"ll'ter , 1n her positIon as hclp- mcet , companion and comforter the wclcome guest Death brought : desolation and ; bitter grief from which no matter how bright the rays may bc , thc dark shadow of their irrcparihle loss will never be dis1)ellcd. As with a beautiful gem , how dearly you love ] its possessions , and how kecn ] ) ' . when gone from its set- ting you feel the loss , so it is when a loved one is removed from their earthly bionic and taken closer to thc Master's fold. Eleanor C. Fikcs was born April 9 , 18(10 in Gcncsco , Illinois and when twelve years of age with her parents moved to Rich- arc1son county , where they were of thc earliest setttlcl's one , own- ing a large tract of land about , twelve miles north of this citro On June 11 , 1879 she was mar- ricd to henry C. Lapp at thc home of her father , John D. ' tikes , which union were born two daughters and a son. Mrs. Lapp leaves to mourn their loss a husband , Henry C. Lapp , two daughters 1\lrs. Mattie Foster and Miss Odda , a son , Sydney and a brother who resides in Cal- ifornia. i 1'he funeral was conducted Tuesday morning- , February 14 at thc Episcopal church of which denomination slid was a faithful conscientious member. The lo- cal order of thc D.of 11. of which thc deceased was a valued mcm- ber attended thc services in a body , after which interment took place in Steele ccmctcry. Their large circle of friends expressed - pressed their sympathy to thc sorrowing oncs.