Democratic Messenger from Eureka, Kansas • 1

flat Sos Topola Ka The Democratic Messenger. VOLUME XXVI NO. 31. EUREKA, GREENWOOD COUNTY, KANSAS, THURSDAY, FEBRUARY 25, 1909 $1.00 IF PAID YEARLY TORNADO VISITS COUNTY A Destructive Tornado Did Much Damage in the County Monday Morning Started near Reece and Ended Between Eureka and Utopia. Much Loss SOME STOCK KILLED Monday morning about 4:30 o'clock a furious tornado swept over 8 strip of country from Reece to Utopia, razing buildinge, devastating trees and orchards, and carrying everything in its way to destruction.

The cloud seems to have first appeared on upper Spring Creek and separated into two parts, going down that Creek and the one other taking a straight course along Burnt Creek presumably from the northwest, and then combining with the other section of the gigantic it came down upon Reece from the southwest with a horrible force, leaving no house unmoved and completely demolishing the Missouri Pacific depot, the residence of Frank Wells and a of the Smith Smith store. The part operator at the depot was quite severely injured, sustaining several broken ribs and a great many lacerations and bruises. The small son of Frank, Wells was pinioned under the ruins of the house for several hours, but was finally rescued unharmed. Both the church buildings were torn from their foundations and the school house was practically unroofed. Corsiderable damage was done on a line from Reece to the Ladd neighbor hood, about 10 miles north east of that place, where it blew over the tenent house on the Burl Davis farm, which occupied by Sol Fleeman and famwas ily; this house caught fire after being blown a considerable distance and was burned, leaving several children with out clothing or shelter.

C. C. Ladd's old barn was completely destroyed together with several outbuildings, but fortunately his new barn remained. The large granite monument in the Barrier cemetery, which attracts the attention of almost every passer, W88 blown from its pedestal and badly shattered; several other tomb stones were torn from the earth and scattered about over the cemetery. The large new barn on the Wm.

Hawthorne place was dislodged from the foundation and the plaster on two of the rooms in the large farm house was shattered. Albert Johnson and H. Hover both suffered severe losses but not beyond repair. The Frank Sailyards residence in this neighborhood was caught in the storm and the whole family were more or less injured, they are all resting easily at the present writing, though Mrs. Sallyards was quite sario asly hurt.

The Burl Davis barn was blown down and a fine mule was so badly injured that it was neocessary to shoot him. The E. Lewis barn and other outbuildings were all totally destroyed. Nixon's barn blew over and four wagons turned upside down; the roof was blown off of the Ole Branson barn and several other outbuildings were completely carried away, Perhaps the most severe loss sustained by any one was that of Angus Carrington, whose loss is estimated at dew barn in which fifteen head of horses were tied, was blown away, and a fine mare worth $200.00 was killed outright; two hundred and fifty bushels of oats in the bin were scattered to the winde, and a new buggy together with all of his farm imp ements were entirely destroyed; his lose WaS relieved by about $600.00 insurance. Mrs.

Ella Aagard also sustained a great loss, all of her out buildings being blown away and all of the windows in the house badly shattered, several holes punched through the roof and weather boarding and the plastering ruined; four large bay stacks were badly scattered. Mrs. Aagard's loss is estimated in the neighborhood of $250.00. Fred Hutton lost a large barn which was carried several yards through the air and badly shattered; several windows in the house were broken. John Edwards lost his kitchen, barn and a good horse.

The Alexander family near Utopia were all seriously Injured and their house was badly demolished. The stone school house in District 22 was a total wreck. It is the opinion of some that there were three distinct storms, which the dry is quite plausible, but it is more probable that the destruction W88 caused by the same original cloud which started near Reece and perhaps divided into two or three parts. From the standpoint of financial loss this is the worst storm that ever Greenwood county. Much dam age was done along the pother of the monster but on account of the destruction of telephone lines, it is impossible to get accurate information 88 to the extent of the losses.

Court Proceedings When we went to press last week case of Emelia New ve J. A. Smith, the recovery of real estate was being tried; it occupied the attention of the court last Thursday and Friday and then only one side of the case was presented; when the plaintiff's side the case was in and they rested, the deferse demurred to the testimony, the attorneys spent two or three hours arguing this proposition and when they had finished it was nearly six o'clock and the Judge took the question under advisement until after cupper. When court convened he rendered his decision sustaining the demurrer. The jury was dismissed from any further consideration in the case; this means that the court here will not have anytbing more to do with the case.

It will taken to the Supreme court; in fact the contest would not have been decided here as it would have been carried the Supreme court regardless of the out come in this court. The follow. ing cases have been disposed of; this list is a continuatien of what was begun last week. D. J.

Leferbre vs A. I. Santa Fe Railroad Damages continued. A. B.

Osborn ve A. T. Santa Railroad Co, Damages, continued John R. Knox vs St. Louis San Francisco Railroad Appeal from Court, continued, The Watkins Land Co.

vs Lizzie V. Fields et al, foreclosure continued. J. H. Ferguson V8 A.

L. Cable, Treasurer etc, injunction continved. H. W. Manning V8 A.

Cable, Treasurer injunction continued. In the Matter the Guardianship of the person and estate of Margretha Balio, Dismissed. Alta A. Lake vs Guy Osborn et al, Forclosure, Judgment for plaintiff Lot Kates ve Jessie Gonter et al, Foreclosure, Judgment for plaintiff E. 'W.

Hamsoo. V9 W. T. Sovern, Foreclosure, settled. E.

E. Meek vs Arthur St J. Whiting, Quiet Title, Judgment for plaintiff I. W. Leatherman V8 David T.

Mitchell et al, Quiet Title, Judgment for plaintiff Lydia Rutter et al, ve Oliver Vail et al, Quiet Title, Judgment for plaintiff. Jess Kester ve Albert N. Griffith et al, Quiet Title, Judgment for plaintiff, 0. C. Miller vs Jewel Miller, Divorce continued.

Elizabeth Scott vs J. Lee Scott, Divorce, Decree granted Ball vs C. I. Ball, Divorce, Decree granted. Nora Zochert vs Oriok Zochart, Divorce, Decree granted.

Samuel E. Brothers ve A. B. Miller Appeal from J. P.

Court, settled. Effie I. Staudley ve John P. Standley, Divorce, Decree granted plaintiff custody of child and real estate. Bessie: Valentine ve Cliff Valentine alimony, Decree for plaintiff.

Emma Ervin vs B. Ervin, Divorce Decree granted, Emma A. Frantz V8 Pater Frantz, Almony, Dismissed. May Duart va John Duart. Divorce Decree granted.

Emma Kuhn vs Carl Kuhn, Divorce, Decree granted. Nora Zochert ve Oriok Zochart, Divorce, Decree granted. John Henry vs A. T. 8.

F. Railroad Co. Appeal from J. P. Court, settled.

Baby Dies Dwight, the four months old son of Mr. and Mrs. Fred Dowler of northeast Eureka, died Monday morning of double pneumonia. The child Wa8 in perfect health up to three hours before his death, when the dread disease. fastened its grip upon him.

The funeral sevices were conducted at. the house Tuesday morning by Rev. A. M. Spang: ler and interment was made in Greenwood cemetery.

Appointment Locke McCoy received the appointment to Rural Route No. 2 the first of this week and will go on duty Monday, March 1, B. R. Jones, who has carried the' mall on this" route for years, 'resigned his position" recently and will take charge of his father's farma after the first of the month. Elis successor passed the examination some time ago and has been a substitute for several months.

The infant child of Mr. and Mrs. Richard Crebo Jr. was burried today; short funeral services were held at the home on south sohool street. MARCH WEATHER OFFICE GUN BALTIMORE 11M, Came In Like a Lion--Going Out After a Lion.

Wm Ott was born in Wurtumburg, Germany August 29 1829 and went to his Heavenly Home on last Sunday afternoon February 21, at the mature of 79 years 5 months nad 22 days. He came to this country in 1850 and settled in Cook county Illinois and in August 1858 came to Greenwood county where resided until his death. Eight children, nineteen grandchildren, a brother and two sisters survive him. The life of Mr. Ott has always beer one of intense religious experience, In 1855 he united with the Evangelical church then in 1875 his membership was transferred to the Methodist Episcopal church which church he remained a faithful member through life.

He was one of the charter members of the Hamilton church and only two of the charter members are left. Mr. Ott was a thorough Methodist and was deeply interested in all its departments. The funeral was at the Methodist, E. piscopal chucrh in Hamilton Wednesday, February 24 at 2 p.m., Rev.

J. H. Oliver officiating: The home has lost a dear father, the community a good citizen, the church a worthy member and brother. The sorrowing relatives have the sympathy of all. Geo, W.

Moore Dead. Obituary Word was received here last Saturday of the sudden death of Geo. W. Moore, an old resident of Greenwood county, at the home of his daughter, Mrs. Anna Bilyard at Liberty on Friday Feb.

Moore was found dead near the wood pile where he bad evidently gore to gather some wood. Heart disease was the cause of big death. He leaves four daughters, one step80D, one brother and a host of friends to mourn his Joss The daughters are Mrs. May Himbury of Kansas City, Mrs. Hattie Snyder of Eureka, Mre.

Annie Hilyard' of Liberty and Mrs. Ida Munday of Severy, All off them being present at the funeral with the tion of Mrs. Snyder. The remains were brought here Sunday' noon and taken to the Congregational church where funeral services were conducted by Rev. Gardner, the G.

A. R. Post and Ladies of the W. R. C.

Interment was in Twin Groves cemetery. -Severyite. Ben Mitchell Dead Benjamin Mitchell who has been sick at his home in the north part of Severy for the past few months with stomach trouble, died last Sunday night, February 14th at the age of 66 years, 10 months and 16 days. He leaves a wife and eleven children to mourn his loss. The children are Al Mitchell, Fall River, Elish and Fred Mitchell, Glen county, Oklahoma.

Hennie: and Ora Mitchell, of Beaver county, Oklahoma, Mary Hobimer and Cleveland Mitchell of Fall River, Effie. Albers of Fargo, Kana. Treeve, Bennie and Daniel, Mitchell of Severy, Kana. Funeral services were held at the homes yesterday, afternoon, conducted by Rev. Gardner, after which the re mains were interred in Twin Groves -Beveryite.

Frederick 8. Sterns of Wichita who is a conductor on the Missouri Pacific, was in Eureka Monday, February 22 and inspected the work of the Knights Templar, Commissioners Meet The board of commissioners held an adjourned meeting last Saturday which a contract was let for the erectien of a stone arch bridge across Fall River at the Birket ford; the structure is to consist of two 40 ft arches, and the contract was given to the Sbarp Construction Co. Price of bridge excluding wing, walls and grades is $1714. All bids on the Willow creek bridge were rejected and new 'bids called for. The contract will be let at the April session.

This bridge is to be a 52 ft. span, re' inforced concrete. A warm contest was had over the appointment of a trustee for South Salem tp. J. T.

Henly was elected last fall, but has or will remove to Eureka township and has resigned and a contest aroseas to who should be appointed A petition was circulated requesting the appointment of J. C. Moore and another asking that Wm. Hawthorne be appointed. After considering matters and listening to various parties the board appointed Mr.

Moore. Mr. Moore is not an inexperienced man as he has held this place before and assessed the township a couple of times and his record no doubt was instrumental in securing this appointment. School Apportionment 'The state apportionment ot the school fund was made this week and Greenwood county received $2332.35, amounting to 45 cents per pupil for the 5. 183 pupils in Greenwood county.

Eureka received the largest sum, having 785 pupils and receiving $353 25; Madison follows with an apportionment of $119.70 for 266 pupils; Severy has 208 pupils and received $93.60, and Hamilton received $59.85 having 133 pupils. The apportionment for the county was made by County Superintendent Nixon and filed with the County Treasurer Monday Feb. 25, Graduating Examinations The examinations for graduation from the grade schools of the county will be held in Eureka Friday and Saturday, April 16 and 17. This will no doubt have a much larger attendance than any examination held in this county for some time, as there will be but one examination this spring instead of one la both March and April as has been the custom heretofore. Pupils will have the choice of ninth grade classics or seventh grade reading, The pupils of the cities of the third class and other schools having nine months of school, will he examined on May 25 Slough-Roglin Wednesday Feb.

17 at the home of the bride's parents Mr. and 1 Mrs. Sam Slough in Quincy, Miss Retta Slough and Mr. Albert Hoglin were united in marriage Rev. J.

H. Oliver of Hamilton performing the ceremony in the presence of relatives and friends. After the ceremony a most excellent dinner was served to about sixty guests. The happy couple left on the evening train for Wichita returning Sunday, Mr. and Mre.

Roglin will be at home to their friends on his farm east of Quincy. Inspection Mrs. May Crawford of Pittsburg, the Grand Matron of the O. E. S.

of Karsas, inspected the work of the Queen Bess Chapter Saturday evening, Feb. 20, and after the inspection gave quite an interesting talk on the meaning and object of the work. She was entetained at six o'clock dinner, before the work was performed, at the banquet hall, which was attended by a large number of the order. Mrs. Crawford spent Sunday in Eureka and went to Howard Monday to inspect the work of the Chapter in that city.

For Burglary Frank flimbury and Clark Church were arrested Monday' evening on the obarge breaking into the tailor shop belonging to Henry Schmidt on Second street, and making away with a 820. overcoat and a pair of trousers valued at. 86.00. Himbury is out on bond, having waived his preliminary hearing, but Church is lodged in the county jail awating his preliminary Monday at one o'clock before Justice Miller. Another Good Show The Bachelor's Honeymoon, which appeared at the Thompson Opera house last Friday night.

was by far the best production in its so, lina, that has been shown in this city far, this seasod, The play was full of, interesting and laughable circumstances and the 000- stant predicament of Mr. Bachelor was intensely funny. Miss Irene Daum, who has been attending the State Normal for the past year, has socepted a position in the Klamath Falls Oregon city schools. She left for that place Monday. THE BIG OIL CASE Federal Judge Anderson Does Not Want Farmers to Try Standard Oil Company Court Orders New Panel in Which Chicago Business Men Will Predominate FIRST PANEL QUASHED John L.

Brown died at his in Virgil Kangas February 20 1909, of parrlysis, age 65 years, and 9 days. John Brown was born in Morgan Indiana, February 11, 1844. He moved to Minnesota and married Miss Agnes Stevenson in St. Charles Minnesota, in 1871; to this union were born 4 children: William, Robert, Harry and Lloyd. Willie died at the age of 13 as the result of an accident.

The other sons survive. Mr. Brown served through the Civil was in the 15lst. Indiana Inft. In 1878 he moved to Kansas and settledon a farm in Woodson county.

In 1333 he lost his first wife her death occuring in Dacember of that year in Virgil, the family having moved to that town in March preceeding. He was married October 1889 to Ellen Whalen, who with 4 children, John, Ruth, Faye and Frank survive him. The funeral was conducted by Rev. Gerkin of Toronto. Mr.

Brown has conducted a general store in Virgil since 1888. He was ah active and consistent member of the Methodist Episcopal church for more than 30 years, and was a prominent member of the Masonic fraternity of his town and. county. J. L.

Brown was a man of sterling worth. He was broadminded and of a warm generous disposition. To know him was to admire him and his friends were numbered by hundreds. He was a man of six ple tastes and his ambition was to live close to the teachings of God. He lived his life in love and gentleness and he laid down life as "One who wraps the drapery of his couch about him and lies down to pleasant dreams." Two Alarms Obituary Last Friday afternoon about 4 o'clock the barn belonging to David Martin in north Eureka caught fire, and before the fire department could make the run, was almost entirely consumed.

The streets were exceedingly muddy and it was almost impossible to make headway in the streets. The horse which Mr. Martin drives on the delivery wagon was so badly burned that it was killed to relieve its intense suffering. The cause of the fire is not definitely known but it is supposed that some of the small children of the neighborhood were playing with matehes in the buildling. The flames were far beyond control before the alarm was rung.

About 7 o'clock Wednesday the department made a quick rua to Chas. Weiser's Bottling works, but the fire was slight and was extinguished before they arrived. Firemen Banquet One of the swellest affairs of the 868800 was that of Monday evening when the Eureka Fire Department banqueted at the New Royal Cafe. One of the swellest suppers ever served in this city was put up before the hearty fire fighters and was fallen to with the zeal that only hardy fires man can muster. Mayor Edward Orebo! was the toastmaster and toaste were tres sponded to by various members of the assembly.

Every thing went off in splendid shape from the invocation by B. W. Reno to the final toast by Engineer C. D. Stout.

Every one present had most enjoyable evening and look forward with great pleasure to the next annual banquet, Chicago, Feb. -The re-trial of the Standard Oil company of Indiana was unexpectedly delayed Tuesday when Judge Anderson in the United States district court quashed the panel of 150 veniremen because of what he considered the singularly large proportion of farmers thereon. It was a so-called "farmers" jury which brought in the verdict making Judge Landis' fine of $29,240,000 in the original case possible, and John S. Miller, of the defense, was prompt in calling the courts attention to the fact that the panel for the new trial con tained but three Chicagoans, "It looks like design, or if not de sign, it looks like a strange coinci dence," commented Judge Anderson, whereupon the jury commissioners insisted that the panel had been drawn exactly as in other cases. This the court later admitted.

District Attorney Sims said there was no statute to compel the jury commission to take geography or 00 cupation into consideration, "I don't want this hearing feeling that there is something not quite fair," answered the court. "I think this panel ought to be set aside. will instruct the jury commission to put in 150 names of men a good proportion of whom shall be good busi ness men from Chicago and Cook county. It so happens that this case is tried in a district composed of an enormous commercial city and several rural counties. The country may have purer air, a higher moral standard.

and greater intelligence than the city, but that is an open question. How ever, I am not going outside the issue when I say that if the jury were com posed partly of business men who would realize the great industrial and commercial phase of the case, a more satisfactory and just verdict may be reached." Judge Anderson said he would hear argument of counsel Wednesday as to whether shipments, or settlements of freight charges constitute the offense. The government will contend that each shipment of oll on which an alleged rebate was paid forms a separ ate violation of the law. Under this construction of the law it would be possible to fine the defendant, it found guilty, a maximum of $10,000,000. There were, it is charged, 36 settle ments of freight charges on these shipments.

Accepting this view, a mat num fine of $720,000 is possible. The jury commission was ordered to produce the new panel Thursday. Ignored Washington's Birthday. Des Moines, Feb. the fact that Monday was a legal holtday George Washington's birthday was not observed in the, schools of the city.

Lessons went on as on every other day and no reference to the "father of his country" was made. The school board decided there had been too many legal national holidays, including Monday. There was no dis play on down-town streets and the city had the appearance of having evtdently -forgotten to celebrate. Washington's Birthday in Berlin. Berlin, Feb.

large number of Americans, including Ambassador HIll and Mrs. Hill, and the members of the embassy, Consul General Thackera and the other consular officials, celebrated Washington's birthday with a banquet and dance at Exposition Park hall, The ambassador made an address, in which he compared WashIngton and Lincoln. Blizzard in Northwest, Cheyenne, Feb. general blizzard was raging over Wyoming and 1 western Nebraska Monday. The snow is from 10 to 12 Inches deep and is drifting badly.

For Bootlegging Dave Hamilton who lives on the Mann farm, five miles east of this city was arrested Friday on the charge of selling intoxicating liquor. Hamilton gave bond for his appearance before Justice Miller Monday. Wheel serapers at auction on Satori day February 27, 1909, will sell at publio auotion in front of Court House 6 wheel scrapers in good condition; heavy road plow. Terme cash. E.

P. RiGGLe. Robert Richard of Newton passed through Eureka Wednesday on his way to Hamilton for an indefinite visit. Get your wedding presents and engagement rings at W. T.

Peters,.