Platte Co., NE - 1881 Cases NEGenWeb Project

DISTRICT COURT--1881
PLATTE COUNTY, NEBRASKA


Columbus Journal, May 18, 1881
On Friday last M. O'Herne had a trial before B. Millett, Esq., on a charge of assault and battery, the prosecuting witness being Peter Kleinschi. The verdict of the jury was not guilty. The four jurors were A.M. Jennings, Theo. Friedhoff, L.M. Saley and I.J. Slattery. O'Herne was represented by J.G. Higgins, and the prosecution by McAllister Bros.
Columbus Journal, June 15, 1881
J.H. Brouelette was indicted for larceny, Wilhelmina Nicholicheck for fornication and John M. Lewis, C.H. Wilson and George Clark for burglary and larceny, at the late term of court.

Court Proceedings.
Hodges v Witchey. No order.
Kruger v Adams & French Harvesting Co. and W.H. Wells. Referred to Judge Russell to try,
    and report his findings of fact and conclusions of law at least ten days before the next term of this court.
Ellen Young v Morgan & Gallagher. Injunction. Referred to H.H. Bell. Motion to set aside report of referee overruled.
    Plt'ff excepts. Motion for new trial overruled. Plaintiff excepts. Report confirmed. Decree accordingly. Referee allowed $50.
C.N. Bank of Omaha v Martens. Continued.
Dickman v R. Brandt and wife and others. Sale confirmed and deed ordered.
Thos. Fay v Thos. Farrell. Report of referee recommitted, with instructions.
G.C. Barnum, Sr., v J.G. Compton. Sale confirmed and deed ordered.
C.P. Dewey v Jas. Compton, Jr., and wife. Sale confirmed and deed ordered.
Hunneman & Tollman v W.B. Dale and wife and others. By agreement the cause is dismissed as to W.B. Doddridge. Whitmoyer, Gerrard & Post withdrawn from the case.
Betts v Eusden, Jewell and Moncrief. Leave to file amended answer in 30 days.
W.B. Doddridge v W.B. Dale. By agreement, Wm. Hunneman substituted for party plt'ff. Trial to the court.
    Issues found for plaintiff. Judgment for 15 cents damages, and possession of property.
    Bond fixed at $500. All proceedings stayed for ten days.
Compton v May. Dismissed without prejudice. Costs to plt'ff.
Anderson and Platt v Becker. Report of referee in favor of defendant confirmed. Referee allowed $25.
David L Mills v Mary V. Mills. Dismissed at cost of plaintiff.
Burke v Gerhold. Settled and costs paid.
Stracke and Behr v Behr and Robertson. Dismissed at plaintiffs cost.
Crabtree v Zoll, as agent and Vale as principal. Continued.
Crites v Wentworth. Report of referee in favor of plt'ff confirmed.
O'Neill v Savidge and others. Sale confirmed and deed ordered.


Columbus Journal, August 31, 1881
List of Jurors--For the September term of District Court, A.D., 1881:
    GRAND. Swan Johnson, Mathias Shoemaker, G.W. Clark, James Kiernan, Lars Olson, J. Niemoller, J.E. Eggleston, Melchoir Brugger, Henry Woods, James McCormick, Gilbert Cleveland, John Slaven, Wm. Gerhold, G.W. Wescott, G.W. Kibler, M. Postle.
    PETIT. I. Gluck, John Albracht, Sam. Connelly, Scott Gardner, J.A. Baker, Ben Griebel, A. Stenzel, Alson Benson, Nicholas Koch, Gottlieb Kummer, John E. Godfrey, H.C. Bean, Henry Behlen, John J. Rickley, James Martins, Peter Noonan, Michael Cronin, Samuel Gass, Thos. McPhillips, Louis Stracke, Andrew Iverson, J. Maynard, Geo. Scott, Robert Stewart.

On last Friday Annie Dee was arrested on a charge of keeping a bawdy house. She had a hearing before Judge Higgins, plead guilty, and was fined $50. On the same day, on a similar charge Mary BeLisle was arraigned. Her hearing took place Saturday before Judge Higgins and a jury, McAllister Bros. representing the prosecution and Messrs. Sullivan and Bowman the defence. The case was tried to a jury of five who returned a verdict, Not guilty. In this instance the Scotch verdict would have perhaps been the appropriate one, could it have been rendered--Not proven.


Columbus Journal, November 23, 1881
From the last Schuyler Sun we learn that Heraledsky who recently killed his wife and her mother (an account of which we published at the time) plead guilty of manslaughter before Judge Post, and was sentenced to the penitentiary for life.
Columbus Journal, December 7, 1881
    Death of Richard Dress. As the testimony taken at the coroner's inquest will give as good an insight as could otherwise be obtained, we reproduce it from the notes of John J. Rickly, who served as clerk for acting-coroner Benjamin Spielman, and acting-sheriff John Huber. The jury called were W.H. Lawrence, Chas. E. Rickly, Martin Postle, George Brindley, B.L. Walker and W.H. Randall.
    Thos. Dress, sworn, says: Knew Edmund Grant. Richard Dress was my brother. Was present during the forenoon of Dec. 4th, when Richard Dress was killed. I knew the revolver was loaded at the time of shooting. It was a Smith & Wesson 44 caliber pistol, the one before the jury in evidence. I broke the revolver, and the cartridge came part way out; think Dick put the cartridge back in again. There was no trouble between Ed. and Dick to-day. Ed. knew there was one load in the revolver. Johnie Grant said leave one load in the revolver for the old man. Dick took up the shot gun, and said, I have got the drop on you, cow-boy, and then set the gun down again. The gun was not loaded. Then Ed. pulled the revolver and shot. I don't think Ed. said anything at the time he shot. Jno. Grant and I sat on the door-sill of the stable, facing the northwest. Ed. walked in a circle to the westward, when he got opposite to Dick he drew the revolver and fired. Dick fell backward along side the stable, on his side. Ed. knew there was a load in the revolver.
    Mrs. Bridget O'Brien, sworn, says: I knew Edmund Grant. Richard Dress was my son. The boys have had trouble, I warned the Grant boys not to come on our premises. Have heard some one say, don't know who, that Ed. had threatened to shoot or kill Dick. Dick told me, Ed. had told some one while they were out west in Colorado, I think about twelve month's ago, that he would kill Dick. About two weeks ago, while on a spree in Columbus, Ed. knocked Dick down.
    David O'Brien, sworn, says: I know Edmund Grant. Richard Dress was my step-son. We were not on good terms with Grants in years past. Do not know of any trouble of late, as I have not been on the place for about five months.
    Thos. Connor testified: I am acquainted with Edmund Grant, also knew Richard Dress; was not here at time of shooting. Did not know of any trouble between the boys.
    Wm. Baker: Know Edmund Grant. Knew R. Dress. Was with Edmund Grant at Huber's this forenoon, the 4th. Johnie Grant was along. Ed. told Huber he had shot Dick Dress, and wanted to give himself up. Thos. Dress came there while we were there. Thos. said to Ed., What made you do it? Ed. said, I did not mean to shoot him. Thos. said with emphasis, "Yes, you did." We were all very much excited. Ed. Grant, Jno. Grant and myself went down to Columbus together after the shooting. We talked the matter over on the way down. Ed. was much excited. He said he was sorry he did it. Said he was sorry he didn't go to church to-day, as it would then not have happened.
    Jno. Huber testified: Ed. Grant came to my house this morning and surrendered himself to me. Said he had killed Dick Dress; that he did it by accident; Thos. Dress came while Ed. was there; said to Ed., "I did not think you would do that." Ed. answered, "I did not do it purposely; it was an accident." Am acquainted with Ed. Grant; was acquainted with Dick Dress. There was trouble between the families when I lived here, five or six years ago. Don't know of any trouble of late.
    John Grant, sworn, says: There had been no trouble between Ed. and Dick. They were good friends at the time of the shooting. It was a Smith & Wesson, 44 caliber, same one which is before the jury on evidence. Ed. gave it to father last spring. Dick must have stood face to Ed. at time of shooting. Don't know their relative positions. Ball went in on left side, over left eye. I could not see if revolver was cocked or not, at the time. Ed. drawed it from inside of his pants. He drawed it on right side and said, "This is the way they shoot out west. I knew there was one load in the revolver. I said, "Leave one load in for father." Would not say that Ed. knew there was a load in the revolver. Might have known. Don't know where Ed. stood at the time I said "leave one load in for father." Ed. Grant is my brother.
    Ed. Grant, sworn, says: My name is Ed. Grant. Knew Dick Dress. There was some trouble between our families a few years ago, but I liked Dick, he was such a jolly good fellow. Had drank no intoxicating liquor this morning. Was standing with my face southwest, at time of shooting. Did not think there was any load left in the revolver at the time I drawed it out. There were five loads in it when I brought it from the house. Dick had set the gun down about one minute before I drawed the revolver and shot. I said, "I have got the drop on you." Was showing them how the cow boys do out west. John Grant and Tom Dress sat on the door-sill of the stable. Dick stood in frant of them and between them, with his face toward me. Might have heard Johnie say, "Leave one load in for father." Can't remember as I did. The revolver before the jury, in evidence is the one I shot with.
    The tragic affair occured at the residence of Wm. Grant, six miles west of Columbus, at about 10 o'clock, Sunday last.
Columbus Journal, December 14, 1881
The preliminary examination of Edmund Grant, charged with the murder of Richard Dress, on the 3d inst. occupied last Friday, Saturday and part of Monday before Judge Higgins, and resulted in Grant's being held to bail in the sum of $600 for manslaughter, at the next term of the District Court. Bail was furnished by his father. The court intimated in his decision that he found, as a matter of fact, that the crime resulted from a high degree of negligence in the use of fire arms. The punishment for such offences is imprisonment in the penitentiary not more than ten years, nor less than one year.

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