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THE WEEKLY TRIBUNE AND CAPE COUNTY HERALD, FRIDAY, OCTOBER 29, 1915.
$20,000 DAMAGE SUIT FILED FOR HORSEWHIPPING Wm. D. McBride and Morris V. Harris, Blodgett, Named Defendants. MEN SINGLED FROM NIGHT-RIDERS RANKS Masked Citizens Beat Howard Levan With Water Soak ed Ropes. Morris V. Harris and William D. Mc Bride, head bookkeeper of the B. F, Marshall Merc. Co., at Blodgett, are named as defendants in a $20,000 dam age suit likd yesterday morning in the Circuit Court of Stoddard County it Bloomfield, by Howard Levan. The suit is the outgrowth of a horse whipping L-van suffered Severn months ago by a party of "night rid ers." The suit was filed for Levan, by O car A. Knehans, U. S. Referee in Bank ri'ptcy, and Senator Thomas F. Laiv, as his attorneys. The petition was sent to the Bloomfield clerk Wednesday night and filed early Thursday morn ing. Levan asks the court for ?10,000 actual damages for the pain, humilia tion and suffering he sustained from the horsewhipping, and $10,000 exem plary or puntitive damages. A group of several men in Blodgett beat Levan with water-soaked ropes after they had taken him from his home. Levan was accused about Blodgett of window peeping. Levan denied the charge and invited a prose cution of himself on that charge. He alleges that Han-is and McBride were members of the party that per formed the horsewhipping. Before the suit was filed, Knehans made an in vestigation of the circumstances in Blodgett, to obatin the names of wit nesses and obtain evidence. He asserts that he has evidence to prove the connection of the two men named in the suit with the "night rid er" party . He declared he has evidence that w ill connect other men with the case and separate suits may be instituted against them later. Knehans holds al so, letters threatening Levan and an old man who had befriended and cham pioned his cause in Blodgett after the assault had occurred. These will be used in the prosecution of the suit, he says. The case will come up before Judge Kelley in the November term of Court The crowd of men that took Levan away from his wife, hurried him into the front yard and there stripped off his shirt for the whipping, were mask ed and armed with revolvers. They tied his hands and feet before they commenced the beating. it is saui mat one oi the men in the party is a bank officer. Others held responsible positions in Blodgett The petition in the damage suit is as follows: ' Plaintiff states, that heretofore, to wit, on the day of A. D., l!ir,, in the City of Blodgett, Countv of .Scott, and State of Missouri, the de fendants herein conspired wantonly, maliciously, and without .iust cause, reason or provocation, to assault, beat, wound, injure, and do great bodyily harm to the plaintiff herein, and that on said day aforesaid, the defendants herein acting in concert, did wantonly, maliciously, willfully and wrongfully assault, beat, injure, wound, bruise, maim and disfigure the plaintiff here in, by kicking him, and by brutally whipping and beating plaintiff on his back, arms and body with whips and ropes, without any just cause or pro vocation and thereby rendered plain tiff prostrate and helpless by reason of said aforesaid beating and kicking; that by reason of such whipping and assault aforesaid plaintiff was caused to suffer great bodily pain and mental anguish, and great humiliation and disgrace in the eyes of the public, all to plaintiff's great injury and damage. "Wherefore, by reason of the prem ises, plaintiff asks for judgment against the defendant? for the sum of $10,000 actual damages, and 10,000 exemplary or punitive damages, and for costs." EDITOR BECOMES BANKRUPT. William York, former editor and publisher of the Hayti Herald, who re cently sold out his paper to Otis A. Popham, has filed a voluntary petition in bankruptcy in the U. S. District Counr, which has been referred to Referee Oscar A. Knehans. York listed his assets at $397.64 and his liabilities at $1,392 in his schedule. One of his assets was an item of $150 in 12 notes from Papham. York for merly was in the dry goods business. KAGE LAMENTS AN UNKISSED BRIDE Declares Girl Prettiest of 700 Whose Nuptials He Has Said "Of all sad words of tongue or pen, The saddest are these: 'It might have been.' " Never was the truth of that jingle more convincingly impressed upon the mind of Mayor Kage than last evening when he married Miss Eertha Smiddy of Oran, and Claude F. Metz of the Cape, an employe at the Frisco shops. He failed to kiss his bride, that is to say, Metz failed to kiss his bride. And she was pretty! The Mayor said so too, and the Mayor knows, for he is known in a good many places in this part of Missouri as the "Marrying Justice of the Peace." "I have tied the knot for more than 700 couples since I have been here," the Mayor declared, "and I'm just con vinced she was the prettiest that ever stood up before me." Mrs. Metz is only 20, and her hus band 25. The couple smiled their hap piness as the Mayor performed the ceremony. She smiled sort o' expect antly into his face as the lost words were said, but the kiss it didn't come. He turned to shake hands with the Mayor. Then they departed and the Mayor conjured up the bit of poetry that ex pressed his sentiments. The Mayor last night also married Hen Huedel and Miss Grace Wynes, both of the Cape. Huedel is an em ploye at the shoe factory. WIRELESS WIZARD HAS KIN IN CAPE Expert in Honolulu Who Heard Washington Chat With Paris, is C. H.Overstolz's Cousin Lloyd Espenschied, the telephone engineer in Honolulu, who listened to the wireless telephone conversation Thursday night between Washington, D. C, and Paris, is a first cousin of Charles H. Overstolz, and his three sisters of this city. Espenschied, who is only 23 years of age, is an expert in charge of the American Telephone and Telegraph Company in Honolulu. Te was born and educated in St. Louis. His father, the late Fred Espenschied, was a State Senator from St. Louis for two terms. The young expert, who is a nephew of Mrs. Otto E. Forster, is known as an electrical genius. When 16 years old, he built a wireless apparatus in New York City, while the guest of his grandfather, and intercepted a mess age sent by President Roosevelt from a battleship at sea to the White House. The lad's apparatus prevent ed the President's message from reach ing its destination, and young Espen schied received much newspaper pub licity as a result of the incident. After finishing college at Harvard, Espenschied became connected with the American ' Telephone and Tele graph Company, and his inventions have assisted in the development of this newr discovery. Espenschied was in his office in the Pearl Harbor Navy Yard at Honolulu when he listened to the conversation from the United States with Paris. He was 4,800 miles from the Wash ington station, yet he heard distinctly the message to the engineer in Paris and his answer. After Espenschied notified the Washington office that he had heard the conversation between Washington and Paris, John J. Carty, chief engi neer of the American Telephone and Telegraph Company, stationed in Chi cago, communicated with Thomas A. Edison at Orange, N. J., bv wireless telephony, notifying the electrical wiz ard that a human voice had veen wafted over the sea by wireless. loung Espenschied spent several months with Thomas A. Edison in the latter's experiment station at Orange. BOSSES INSPECT C. G. & X. Travel Over System in Special Car Stop Overnight in Cag?. Seven section bosses of the Cape Girardeau and Northern Railroad, yes- terday afternoon completed the first half of an inspection tour of the road. They arrived in the Cape last night and this morning will depart for the rest of their journey and thence to their homes. A special car was provided for the men as they traveled over the C. G. & N. system. Those who were in the par ty are: John Stone, of Daisy; Bar ney Zolbenr, of Neely; Alfred Green, of Jackson; Henry Mayo, of Lithium; John Smith, of Fruitland: Frank Oliver, of Oak Ridge, and Red Black, of Perryville. C. G. & N. ORDERED SOLD WITHIN 90 DAYS BY RANNEY Action Will Force Frisco to Take Road Over and End Receivership SALE TO BE OFFERED THROUGH NEWSPAPERS Court Decrees InsuresBond-Hold-ers of Realizing Face Value on $1,500,000 Debt. On an order entered by Judge R. G. Ranney in the Court of Common Pleas yesterday, the Cape Girardeau & Nor thern Railroad will he sold at public auction at the end of 90 days. The sale which, is brought on by bond holders of the road, it is believed, will force the Frisco to take over the jroperties and at the same time tak it out of receivership. This move, it is forecasted, also will pave the way for the release of the Frisco system from bankruptcy. Judge Ranney's order filed yester day, was a supplemental decree to the one he filed Nov. 28, 1914, when he or dered the road sold. It was aimed to take care of a block of bonds that were not encompassed by the first order. When the supplemental order had been filed, it was announced that ad vertisements of the road's sale at auc tion will be inserted in newspapers at once and the line will be knocked down under the auctioneer's hammer at the Courthouse steps in the Cape. When the original order of sale was made by the Court, the document did not make provision to have a block of $10,000 worth of gold bonds held by the St. Louis Union Trust Company as trustee, covered by the proceeds of the sale. In the original order it was provided that the properties were to be sold to satisfy claims represented by bonds aggregating $1,500,000. A part of the road, the section be tween Farmington and Saline Junc tion, is subject to a mortgage or deed of trust executed by the Saline Valley Railroad Company on Sept. 20, 1905, to secure a debt of $400,000 which is represented by first mortgage bonds of the Saline Valley Railroad Company bearing interest at 5 per cent and to mature Jan. 1, 19.16. A block of those bonds whose face value is $10,000 are outstanding am unpaid, and now are in the hands of the St. Louis Union Trust Company. The decree makes it plain that the mortgage on that section of the road to the extent of $10,000 now outstand ing, constitutes a. lien upon the rail road, paramount to the lien of the mortgage already tied up in the for mer decree. When the road is sold, the Court or ders that the $10,000 worth of bonds be satisfied under the mortgage. The $10,000 worth of bonds which were covered by the supplemental court order compose the last block of bonds against the railroad to be placec in the hands of the trustee for the road. It was when control ot that paper was gained, that the trustee in charge of the bonds was willing to go ahear with the sale. Attorney John D. Johnson of St Louis came down to the Cape yester day afternoon accompanied by Attor ney Charles P. Hope to have the order entered. Johnson represented the St. Louis Union Trust Company, and Hope the railroad. When the bonds, which are secured by the mortgages on the road first were issued, the bond holders obtained a contract with the Frisco Railroad, binding the Frisco to guarantee the bonds on the C. G. & N. A total of about $1,500,000 worth of bonds were issued against the road, all of which the Frisro contracted to guarantee. The Frisco, about three years ago, went into the hands of a re ceiver, and at that time the receivers attempted to have Judge Sanborn of the Federal Court in charge of the Frisco receivership, declare that the contract with the C. G. & N. bond holders was not binding upon the rail road. The vast majority of the bonds are owned by Louis Houck who took them in payment for the construction work he performed upon the road. Many of the bonds were purchased by scores of business men in Southeast Missouri and financial interests in St. Louis. When the attempt was made by the Frisco receivers to abrogate the guar antee contract with reference to the bonds, Houck championed the cause of the bond holders and fought the case out in the Federal Court. A few weeks ago, Judge Sanborn handed down an opinion in which he held that the contract the Frisco made, PARALYSIS IS FATAL TO FRED HARTMANN Resident of Cape County For More Than Haifa Century III Since May. Fred Hartmann, 52 years old, who has been a Cape County farmer all his life, died at ":"0 o'clock yesterday afternoon at his home on the North Sprigg street road. Paralysis and heart trouble was the cause of his death. Hartmann has been ill since last May. About a month ago, his condi tion was so serious, physicians gave him up. He rallied, however, and a week later, his recovery seemed to be almost complete. He left his bed to which he had been confined for a great part of the time he had been ill, and walked about the house although he never was able to lo any work. A few days ago, he suffered a re lapse and gradually grew worse till the end came yesterday. Hartmann was born on a farm near the one on which he lived recently. He was a bachelor till about five years ago. He is survived by his wife and a stepson, Dernis, whom Hartmann had adopted. He also is survived by a brother, William Hartmann, who lives nearby, and a sister, Mrs. Johanna Sybilene, of Sweet Springs. The sister will come from Sweet Springs for the funeral which will be Thursday from the residence to the Hanover Cemeterv. MAYOR HACK IS CALLED TO All) AT JACKSON WEDDING Far From His Regular "Beat" Mayor Says Ceremony With Lane As Witness. While Mayor Kage was in the Court house at Jackson yesterday afternoon conducting the hearing of Waddell Fields, charged in a warrant with be ing an accomplice in a forgery case, he was called into service to perform a marriage ceremony. The ceremony was for Charles R. Thompson and Miss Nellie I. Cuberly, both of Wittenberg, Perry County. The couple went to the Courthouse for their license and then sought a Justice of the Peace who could perform the ceremony for them. The regular men on the job in Jack son were absent at the time, and Sam Vandivort went to Kage for his pro fessional assistance. Kage said the necessary words as Senator Thomas F. Lane and Vandrvort acted as wit nesses. was binding upon the receivers that no matter what happened to the road, the Frisco would have to make good the face value of the bonds. After this step was effected the bond holders are now proceeding to have the road sold for what it will bring on the physical properties. The money re alized from this sale will be prorated among the bond holders, and, the Fris co, under its contract, will have to make good the remaining portion of the face value of the bonds. It is pretty generally admitted that the road's physical value at present will not warrant a price to be paid for it equal to the face value of the bond issue which rests against it. The Fris co as a consequence will have a heavy deficit to make up. At th? same time, it is argued that the Frisco in order to save something, may want to take over the road. The Frisco virtually will have to stand good for the high per cent of the bonds' face value, so it argued that the road's management w ill bid the prop erty in with a view of making the road a paying feeder line when the Frisco has been released from receivership. It is possible that some other rail road interest may be present at the sale to bid in the properties, R. H. Schultz declared last night, so that in the event that the Frisco decides to take over the line, the bid may be forced high. Johnson will prepare the advertise ments for the newspapers of the sale at his office in St. Louis and send them to New York, Chicago, St. Louis and Cape Girardeau within a few days, le declared. The present action of the trustees in forcing the sale of the road, in a measure explains the circumstances surrounding the quashing of a sale of $100,000 worth of bonds of the C. G. & N. held by the Mississippi Valley- Trust Co., of St. Louis. The Missis- ippi Valley Trust Co., last summer advertised a block of $100,0000 worth of bonds. The sale date approached and it was believed the auction would materially affect the outcome of the road's financial tangles. A few days before the sale was to have been held, the affair was called off. It is believed that that block WasJ at that time gotten under the control of interests wishing to force the liqui dation of the bonds to an- issue with the Frisco. SNERLEY DEATH WAS LAST LINK IN DEATH CHAIN Dr. Frank M. Nettles Pre dicted Four Would Die and Forecast Came True HE SUCCUMBED FIRST, BUT AS HE FORETOLD Physician Gave Men in Card Party Two Years, and All Died in Order Named The sudden death of O. D. (Chick) Snerley Friday evening ,formed the last link in a chain of four deaths which were predicted more than two years ago by the late Dr. Frank M. Nettles. And the four men died in the order named, his end coming first. Friends of "Chick" Snerley have been relating the story of Dr. Neetles' weird prediction and how it affected Snerley. Oscar Rudiger last night told The Tribune how Dr. Nettles happened to forecast the four deaths, and de clared that time had made the prophesy come true. "Snerley told me the story only a few weeks ago," said Mr. Rudiger. "I had heard it on many occasions, but as it did not come from the men who fig ured in it, I just supposed it was fie tion. But Snerley said the death list had been written on a card in the order in which the four men were to die "Chick" said he did not consider seriously at the time, but the deaths of the other three caused him some un easiness. "The four men were playing cards at the home of Dr. Nettles. In the party besides Dr. Nettles were Al Cottle Monk Franck and Snerley. Dr. Neetle: lost the game and when his guest started to depart, he said: 'Well, you can beat me at this game, but I wi lead you to the cemetery. "The uncanny statement came as surprise and to impress his prediction on them, Dr. Nettles handed Snerley card, bearing this message. We four ! men will be in our graves within tv years. I will die first, Cottle will fol low and then Franck will die. Sner ley will live until the automn of 1915 "A few months after that, Dr. Net ties died. Snerlev recalled the dead nhvsician's prediction while he an Cottle were attending the funeral Cottle, laughing, said: 1 guess 1 am the next to go.' "Cottle died a few months after Net ties did, and then Franck passed away This left Snerley as the last link in the chain, and he often talked with close friends about the strange prophesy and how it was coming true. He wouh write the message of Dr. Nettles on paper when discussing the string of deaths, and wonder whether he had but a few months longer to live. "During the past year, his friends noticed Chick's decline. He lost flesh and was never in good natured moods When he was seized with a hemorrhage some months ago, he said it was the beginning of the end for him. and that it was in keeping with what Dr. Net ties had said." Everyone who knew snerley was discussing his death yesterday, linking it with those of Nettles, Cottle, and Franck. Mat Morrison said yesterday that Snerley had told him the message Nettles wrote. He also declared that he had heard Franck relate the story after the death of Cottle. MRS. EMMA MCNEELY DIES IN ARKANSAS SANITARIUM. Former Jackson Woman Was Well- Known Throughout County for Her Musical Attainments. Mrs. Emma McNeeley, formerly of Jackson, and well-known in musical circles throughout the county, died in a sanitarium in Boonville, Ark., early yesterday morning of tuberculosis. She had been ill a long time. The news of her death came in a telegram to Mrs. J. C. Clippard, a sis ter. in Jackson. The message stated that the body would leave Boonville early today and would reach Jackson about noon tomorrow. Burial will be made in the city cemetery of Jack son. Mrs. McNeeley was the wife of Bern McNeeley, an official in the Interna tional Harvester Company, with head quarters in Boonville, Ark. Besides her husband, Mrs. McNeely leaves three children, two sons and a daugh ter. One of her sons is a graduate of the United States Military Academy, and is on the Battleship Louisiana, which is now lying off the coast of North Caroline. He will not be able to attend his mother's funeral. Mrs. McNeely is the daughter of Mrs. B. F. Wigginton of Jackson, and possessed a rare musical talent. Miss Minnie Wigginton, a sister, lives in St. Louis. 1 WIDOWASKS$10,000 Charges Neglect When George Brown Was Hit by Hartle Auto. Mrs. Francis H. Brown, widow of the late George Brown, who died April 12, last, after being injured by an automo bile, yesterday filed in the Court of Common Pleas, a damage suit for $10, 000 against Louis Hartle and Edward Hartle, of Haarig, who were in the machine that struck Brown. The suit was filed for Mrs. Brown by Orren Wilson. It is cited as the State of Missouri at the relation of and to the use of Mrs. Brown, and is a sta tutory action for the death of her hus band. Brown was struck by the automobile about 8 o'clock in the evening on April 8, last, as he was crossing Good Hope street going north on the east side of Sprigg street. The Hartle machine was running east on Good Hope when Brown was ran down. Brown sustained a frac tured skuli and numerous lacerations which caused his death four days later. The petition declares that Brown was earning $1,60 a day as the support for Mrs. Brown and she asks additional damages, such as the Court may deem proper. Mrs. Brown, in her petition, declares that the Hartle machine was not equipped with proper brakes and was not conforming with city ordinances in having lights burning. She claims al so that the traffic ordinances were be ing violated by the motor car in driv ing beyond the speed limit. WILL DEDICATE CHURCH NOY. 14 Special Services Arranged Gordonville by the Con gregation in Zion Church, the German Lutheran Church at Gordonville, much of which has been built by the hands of men in the congregation and which now vir tually has been completed, will be ded icated November 14, on the fiftieth an niversary of the dedication of the old church which stands scarcely a half block from the new structure. The dedication exercises and cele bration of the old church's fiftieth an niversary will be combined into one ceremony. The members of the con gregation will assemble at the now historic structure in the morning, and march in a body over into the new edi fice. The cost of the new church building has been approximately $12,000, but this cost has been cut down virtually a third by the donations from mem bers of the congregation donations of work, and materials. The construction of the church has been in the charge of a Building Com mittee composed of the following men: Jacob Gluckshartz, chairman, A. F. Lorberg, secretary and treasurer, Henry Suedekum, Fred Grosshider and Alvin Feuerhahn. Secretary Lorberg was in the Cape yesterday afternoon making final ar rangements for some of the equipment that will be placed in the completed structure. He declared that he expects to close up the work of the Building Committee by November 6. Several bills against the church are outstanding, he said ,and he declared that the committee wants every obli gation against the church, whether it be for labor, materials or anything else connected with the building, to be handed to him in the form of a state ment or bill by November 6. The members of the congregation when they determined last spring to build a new church, selected the plot of ground not far from the present building, and made the excavation at once themselves. One of the members would bring a team, another furnished wagon, several others worked on the plows and many more took spade and pick in hand and did the heavy work. It required Wt a short time to com plete the excavation and the stone foundation was commenced.- The mem bers of the congregation, some of whom were stone masons, finished the foundation and at that stage the build- : ing was turned over to a contractor for completion. Even later, many members of the church aided free gratis with the work. The church is one story high and is built of brick. Its finish nside is com-i pletely in oak and it will be one of the most magnificent and most com plete structures cf its kind in Cape County. Rev. Berkner, now of Boston, Mass., ho several years ago was pastor of the little church at Gordonville, will be present at the dedication exercises, and wilLdeliver an address at the ser vices in the afternoon. Another min- BIG CROWD HEARS DR. KUEHNEMANN AT COUNTY SEAT German Lecturer of Inter national Fame, Speaks to Packed Court Room. SAYS JEALOUS ENGLAND PRECIPITATED THE WAR Will Repeat Address at Court House Here Tonight Big Crowd Expected. A crowd, estimated at more than "00 filled the Court House at Jackson last night to hear Dr. Eugene Kuehne mann, the distinguished German edu cator, discuss the causes that precipi tated the war in Europe. Dr. Kuehnemann spoke in English for more than an hour and then gave a twenty-minute talk in German. His address was frequently interrupted with applause, and when he finished, his listeners formed in line and shook hands with their distinguished guest. People came from distances of ten miles to hear Dr. Kuehnemann relate the conditions that were responsible for the spoch-making struggle in Europe. He declared that England's greed was the direct cause of the war; that Britain realized that its strangle hold on the world commerce was slipping away, and the bulk of it was going to Germany. The Court House was not large enough to accomodate all of those who gathered inthe County seat to hear Dr. Kuenhemann, and many stood on the steps and even on the lawn. His big voice easily carried to those who were unable to gain admission, and they re mained until he finished his lecture. Dr. Kuehnemann was entertained by Fred Kies, the well-known Jackson edi tor, at the Central Hotel, where a special dinner was prepared. He was taken to the County seat from this city by Mr. and Mrs. M. J. Koeck, Father F. Bemberg, Capt. H. W. Bridges, C. Wielpuetz and Charles H Overstolz, who were at the station to greet him when the Frisco train from St. Louis reached the city. Reservations had been made by Capt. Bridges, secretary of the Ger man American Alliance, and upon ar riving, he was taken to the St. Charles Hotel for luncheon. After the repast he and the Reception Committee mo tored to Jackson. Dr. Kuehnemann returned to the Cape last night after the lecture in the Koeck automobile. With him were Mr. and Mrs. Koeck, Rev. Bemberg, and A. R. Zoelsman. He is considered one of the German Empire's most noted educators, and has represented his Government at Harvard on two occasions. He is a linguist and a remarkable orator. Dr. Kuehnemann's address last night was his eighty-first, given in as many cities. He has visited all of the principal cities in the United States during the yast year. From the Cape he goes to St. Louis, and after a brief stay in that metropolis, he will depart for the South, where he will remain during the winter months. His lectures are given in the interest of the Red Cross, and donations that are made, are used to aid the wounded and the widows and orphans in Europe. PIONEER VISITS DUTCHTOWN. FIRST TIME IN 12 YEARS. Mrs. Conrad Vogelsang Makes Trip by Auto and Finds Many Changes In Surroundings. For the first time in 12 years, Mrs. Conrad Voglesang, 80 years old, one of the oldest and bets known women in Cape County, yesterday went to Dutchtown, a place that years ago she visited frequently, and a place where she knew most of the residents. The trip was made by motor car, whereas years ago, travel was by means of a much slower vehicle the horse and buggy or farm wagon. Mrs. Vogelsang was taken on her journey by two married daughters, Mrs. Lilly Nussbaum and Mrs. J. R. Biley, who are visiting in the Cape from Indianapolis, Ind. They visited Mrs. Vogelsang's brother, Henry Haet- or, at uutcntown. As she quickly made the journey from the Cape to Dutchtown, Mrs. Voglesang spied out many changes that have taken place along the road, and remarked them all to her daugh ters. She was met in Dutchtown by many old friends that she had known on her former visits there. ister will be called in for the morning services. The present pastor of the church, who will move the church organization into the new building, is Rev. Valen tine Henning. The new structure will accommodate about 350 persons.