Omaha Daily Bee Newspaper, June 19, 1915, Page 3

it ' o CADDY ORDERED TO REMIT THE BEE: SATURDAY 19, 1915 Nebraska FLEGE MUST SERVE HIS PRISON TERM Supreme Court Holds that Dixon County Man Murdered His Sister. HAS ALREADY BEEN ARRESTED (From a Staff Correspondent.) LINCOLN, June 18,—(Special)—The su~ preme court holds in an opinion handed down this afternoon in the case of Wil- helm Flege, convioted of the murder of his sister, Louise in Dixon county that when & case has bene tried two or three times, the verdict each time being in favor of the same party, the court will not set asde the last verdict as being against the weight of the evidence un- less it 18 clearly insufficient to sustain R. | Murder in 1910, On June %, 1910, Louise Flege was shot and killed at her home in Dixon county. | Her brother, Wilhelm, was charged with the crime and on the trial which was| held in Dixon county he was found guilty | of manslaughter and sentenced to a life imprisonment He appealed the case and the supreme | court granted a new trfal and a change | of venue was taken to Thurston county. | On the second trial he was again found | guilty of manslaughter. Again he ap- pealed and the case was remanded for trial and he was tried again In Thurston county and again found guflty of man- slaughter and a sentence of from one to | ten years given him. He again appealed | and the present opinion of the court is! the result. Divided. f Court I { The opinion of the court is not unani- mous, two of the judges dissenting from the majority opinion which was written by Justice Fawcett and affirmed by the others with the exception of Sedgwick and Barnes and Hamer, who was not| settng because of iliness. THe® dissenting opinion was written by sedgwick and concurred in by Barnes, the main point of the dissentig opinion | being that there was considerable doubt us to the gullt and no evidence except that of the hired man Eichtenkamp | Flege and that s disputed by | ge, 80 that thelr is not sufficient | proof, in the opinion of the two judges to warrant the majority opinion. Flege has been rearrested. His sen- tence is from one to ten years. HALF WHARTON VERDICT | (From a Staff Correspondent.) LINCOLN, June 18.— (Special)—~"We are of the opinfon that the recovery is excessive and that the verdict should be pet aside for that reason, unless the plaintiff remit the sum of $2,500 within forty days, in which event the judgment of the district court will be affirmed.” Such ts the wording of the opinion of the supreme court in an appeal made by Glenn C. Wharton against a judgment for $5,000 secured by Michael Morrissey, a boy € years of age, Who Was run ovéF ‘by ‘the Wharton automobile at the en- trance to the grounda of the Omaha Country club. The boy was a caddy at the club and was hurt May 18, 108. Wharton was backing his car out of a shed when he struck the boy. RAILROAD WINS CASE AGAINST ELEVATOR FIRM (From a Staff Correspondent.) LINCOLN, June 18.—(Special.)—Because the Nyo. Schneider, Fowler Grain com- pany did not exercise a provision in a lease contract for an elevator on the property of the Great Western rallway in Omaha and rebuild within a certain time after the burning of its elevator, the rallroad company cancelled its lease of the grounds. The grain company sued to recover possessicn in the Douglts county district court and lost its case. TEhe appeal was made to the supreme court, which holds with the lower court. BBASE BALL PLAYER MUST PAY OWN OBLIGATIONS (From & Staff Correspondent.) LINCOLN, June 18.—(Special.)~The Lincoln base ball club wins its case in the supreme court on a question whether the club could be held lable for room rent due from one of the players. The case was one against Wilkie Clark, a | catcher on the club several years ago. | The amount Involved was $18 and judg- ment was rendered in Jjustice court against Clark and garnishment proceed- ings against the club started. The club resisted and the district court reversed the order. The high court affirms the decision of the lower court. GOVERNOR REFUSES TO GRANT RE-UISITION (From a Staff Correspondent.) LINCOLN, Neb, June 18-4gpecial)— Governor Morehead this afternoon re- fused to grant a requisition asked for by the governer of South Dakota for the return of Roy Lovet, wanted for obtain- ing money under false pretenses. Lovett was present with his wife at the hearing. Lovet claimed that the deposits made in the South Dakota bank were sight draft and he asked the casbier of the bank to wire the Grand Island bank if they were good, but he falled to do so. Avoea School Election AVOCA, Neb., June 17.~(Special.)—At the annual meeting of the school board $4,000 was voted for the coming year's expenses. W, R. Graham was elected treasurer to succeed J. W. Brendel the fetiring member of the board. The teach- €rs elected for the coming year are: Prin- cipal, George Campbell; assistant prin- cipal, Mrs. Campbell; grammar, Miss Villa Gapen; intermediate, Miss Mattie Nutzman: primary, iMss Anna Alhusen. Not for Men Only. Foley Cathartic Tablets are not as in- sistently demanded by women as by men becauss this particular cathartic is not so well known among women. Women suffer as much as med do from Indiges- tion and constipation, and they also re- quire this séientific remedy to keep the stomach sweet, the liver active and the bowels regular, Foley Cathartic Tablets are wholesome and thoroughly cleansing; do not gripe or cause nausea. Stout peo- ple say this is the one cathartic that takee away that over-full and clogged-up feeling. Sold everywhere —Advertise- ment. HEAVY 108§ IN BRIDGES Elkhorn Valley Streams Alone Have Washed Out Half Million Dollars’ Worth. MAY mz.uomi THIS RIVER (From a Staff Correspondent.) LINCOLN, June 18.—(Special)=On the small streams tributary to the Elkhorn river about $500,000 dollars worth of bridges have been washed out. Most of the damage has been to bridges across streams usually dry and therefore none of them of very much value. The whole amounts to a considerable total, according to State BEngineer Johson, who has just returned from an tour of investigation along the Elkhorn valley Much of the flood damage in the valley has been caused by the crooked condition of the Elkhorn, which winds about as if trying to take up as much of the valley epace as possible and some of the coun- ties through which it runs are con- tempiating straightening the stream Madieon county is looking into a plan of straightening the river near Norfolk, while Holt county would llke to take out some of the crooks there. Normal Board Meeting. The State Normal board will hold its annual meeting on June 23 Election of officers of the board will be the prin cipal matter to take um the attentioh of the members. A. H. Viele of Wayne is the president and A. L. Caviness of Fair- bury the secretary. Farmers' Bank at Avoca. The Farmers State bank of Avoca fs a new Institution which the State Banking board has approved this week. The cap- ital of th ebank is $15,00 and its officers are A. Zimmerer, president; Louls Cars- ten, vice president, and Joseph C. Zim- wmerer, cashier. Grain Badly Lodged. Secretary W. R. Mellor of the State Boarq of Agriculture returned this morn- ing from a trip to Loup City. He reports that the storms of yesterday have lodged the small grain severely from Tamora cast to Lincoln and that it it is so heavy that it is doubtful whether half of it can Summer Norma] Attendance. ever he saved Two of th esummer normal school re- porting to the state superintendent show large attendance. Chadron reports a at- tendace of 225, while Wayne shows some- thing Itke 500. Urges Care with Fireworks. State Fife Commissioner Ridgell |is sending out his annual warnig to people to be careful about the use of explo- sives on the Fourth of July. Notes from Beatrice and Gage County BEATRICE, Neb., June 18.—~(Special.)— | Brnest Stockebrandt, the 15-vear-old son of Mr. and Mrs. Willlam Stockebrandt, living three miles west of Dewitt, was struck by lightning Thursday merning as he was returning from the fleld and serfously injured. He was unconsclous for hours and. partially reggined con- sclousness at 10 o'clock Thure night. The boldt struck him on the head and shoulders, tearing his clothing badly and ripping off his shoes. He probably will recover. ) Mrs. Harl McGinty, an old resident of this city, died Thursday morning at a local hospital, where she has been re- celving treatment. Bhe was 28 years of age and is survived by her husband and two daughters. At a meeting of the county board Thursday the bridge committee sub. mitted a report on thirty bridges that will have to be rebuilt or repaired on ac- count of the recent floods in the county. The Standard Bridge company was or- dered to proceed at once to replacing the bridges that had recently been washed out. James P. Saunders of thls city and Mrs. Mary Cone of Lincoln were married at Omaha Thursday. Mr. and Mrs. Saun- ders will make their home in Beatrice. LINCOLN PEOPLE APPLAUD WILSON, BUT NOT envm,advertisement (From a Staff Correspondent.) LINCOLN, June' 18.—(f8pecial.)—Sofme- thing of the feeling which exists in Lin- coln over the resignation of W. J. Bryan from the cabinet and the way the peo- |Ple look at it was shown iast night at one of the leading vaudeville theaters of |the city, when pictures were thrown on the screen showing evonts of the last two weeks. Among them was ons show- ing Mr. Bryan recelving people at a re- ception and at ahother place making an addrees, Usually these pictures bring out a burst of hand clapping, whenever Mr. Bryan appears in them, but last night not a ripple of applause was heard and no hand was given in either of the half dozen times he appeared on the screen. Immediately following a pieture was shown of President Wilson walking up the steps of a buflding and the applause was hearty and general throughdut the audience, BURLINGTON RAILROAD PAYS OCCUPATION TAX (From a Staff Correspondent.) LINCOLN, June 18.—(Special.)—Secre- tary of Btate Pool has recefved the an- rual fee of the Burlington railroad for its occupation tax, amounting to $3,600. Along with it is a payment of $400 for the Burlington & Missour! Rive rafiroad and M® for the Republican Valley rail- road, which is paid under protest, on the ground that the company is dofng mno interstate business, merely maintaining its corporaté entity, Body Fow in River at Rulo, FALLS CITY, Neb, June 18 —(Special.) ~Dr, Reneker, county coroner, was called to Rulo this morning to take charge of the body of a floater who was found in the Missourt river just below the Bur- lington railroad bridge. about 8 years of age, and from all in- dications had been In the water about two weeks. The clothing he had on, a cark pair of trousers and shirt and under- wear were of the winter weight. There was nothing on his person by which he could be identified, and there was no evi- dence of external vicolence. Good for Sick Headaches. Constipation causes sick headache and Dr.s King's New Life Pills will cure it Take a dose tonight. 2ic. All druggists. —Adveitisement. The man was 'COURT COMMISSION NAMED BY JUDGES Three Lawyers Selected by Gov- ernor Morehead to Assist Supreme Bench. }IUST WAIT FOR THEIR SALARY June 18.—(Special | Telegram)—Grant G, Martin, Fred 0. Me- | Girr and C. W. Parriott were appointed | members of the supreme court commis- slon this afternoon The nominations were made by Governor Morehead and confirmed by the supreme court Mr. Martin, whose home ia in Lincoln, | was formerly attorney general. Mr. Mc« Girr, whose home s at Beatrice, was | | tormerly county attorney of Gage county. | Mr. Parriott was a member of the legis- | { lature from Nemaha county and was| | chairman of the judictary committee | The new commission will report for duty September 2, when the fall term |of court begina | They will serve without pay, the legia- lature neglecting to appropriate funds to pay the $3.000 salary each is supposed to recelve and which he will live in hopes of recelving. The next session of the legislature will vote the mony \ - e STRANDED AUTO IS SUBMERGED BY FLOOD SEWARD, Neb., June 18.—(Special.)— Willlam Heidbreder of Utica impaled I his car on a stump near the bank of the | Blue river on Wednesday night and had | to leave it over night, A heavy rain | brought the river up and next morning, when he went to rescue it, it had been submerged M. J. Mayer of Couneil Blutts, Ta., ts| the newly elected secretary of the Seward Young Men's Christian assocla- tion. | The marriage of Willlam Beiman of | Staplehurst and Mary Kuhlman of David | City took place here yesterday. The plans for the new county fall and sheriff's residence, prepared by J. M. | Hughes & Sons, architects, have been ac- cepted by a committee composed of J. C. Petrl, Willlam Wullemoher and T. L. | Norval, who were appointed by the county board, to supervise the constric- tion of a new Jall. At & recent meeting of the finance com- mittee of the Seward Business Men's En- | tertainment - bureau, It was decided that Seward would nof celebrate the Fourth of July this vear, but would celebrate on | | Wednesday, August 11, with an old-| | fashioned barbecue. An invitation has | been extended to Senator A. B. Cummins | | of Towa to be the principal speaker of the | dny. | | Hessian fly has been quite prevalent |in wheat this spring, and the opinion is that the average yield will be materially reduced on that account in Seward county. | e Near Loup City. LOUP CITY, June 18.—Special.)—The people of school district No, 35, Sher- man county, ha¥e voted to build another room to the.school building and have hired two teachers for the coming term. The addition is to be e room 24x25 feet, /with full basement. It will bs constructed along side the old building, with folding doors between, mo that the two rooms can be thrown into one whenever occa- Now School Ho slon demands it. 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