The Post-Crescent from Appleton, Wisconsin • 1

ill Ji 11 iLjJJjj-1 VOL. 11 ro. 278 APPLETON, MONDAY EYEKIKG, SEPTEMBER 16, 1907 PRICE TWO OEHTS. COLBERT US OARBEOC COMPLAINS Of THE NEW GUTTER lived in mum FOR HALF CENTURY MRS. ELIZABETH DIDERICH DIED SUNDAY AT HOME OF A DAUGHTER.

HO PAYffflT-: OH THE AVEHU IS DISMISSED AGED WOMAN WILL NEVER AGAIN BE TRIED HERE. SAYS IT IS, NOT LAID AT THE PROPER GRADE TO DRAIN THE STREET BARBER ASPHALT COMPANY REFUSES. TO SIGN CONTRACT. iPPPIPfl llllOiiF i Jl i u-! Z3 ....171 jZ3 IJ JlM JV. CRIMINAL CALENDAR FEAR BRICK FAMINE' Leonard Spiegleberg, a Young Farmer of Dale Was Blown to Atoms by Dynamite on Saturday Morning After Kissing His Bride of Nine Months Good-bye Complaints are still being made about the street improvements.

This morning J. Henry Harbeck stated that he was going to serve notice today on the city that he would not pay any special assessment against his property on Oneida street until the work was properly done. Mr. Harbeck claims that the new concrete gutter laid by the city in front of his property does not have the proper grade and says the contractor who laid the gutter admitted to him that the water would not drain from the gutter but would stand in a pool, but claimed it was laid exactly with! the grade given him. Mrs.

Elizabeth Diderich, widow of John Peter Diderich, died Sunday morning at 4:15 o'clock at the home of her daughter, Mrs. Michael Alberty, 483 Walnut street, at the age of 74 years. Mrs. Diderich was known more generally by her first husband's name, that of Sailer. She was a pioneer resident of this city, having been a resident of Appleton for more than half a century, fifty-two years.

The funeral will take place Wednesday morning at 9 o'clock from St. Joseph's church, with the burial at St. Mary's cemetery. Mrs. Diderich is survived by seven children, a large number of grand children and several great grandchildren.

dog, lying dead on the ground near the house. A short distance farther she found the legs and apportion of the body of her husband. The explosion was heard and felt for miles around and neighbors hastened to the seen and assisted in picking up the shattered remains which were scattered over an area of more than 100 feet square. Stories of the explosion are conflicting. One report stated that the explosion was caused when the dog jumped up on his master, causing a friction of the sticks of dynamite in Spiegelberg's Practically All the Criminal Cases Pending Were Dismissed at the Opening of the Circuit Court Today.

Mrs. Lucile Colbert will never again be tried for the burning of buildings in Welcome. The case which caused more notoriety than any case in Outagamie county in years, with the exception of the Rabat trial, was dismissed from the criminal calendar this morning by Judge Goodland. To a representative of The Crescent th'e judge -stated this morning that his reasons for dismissing the case- were that the witnesses were now scattered and that 'he did not want to submit the cost of another trial on the tax payers of the county without a certainty of a verdict of guilt. The case has appeared on the calendar each' term of court since the woman was found guilty four years ago, but no action has ever been taken.

The case is too well known to bear a rehearsing. Mrs. Colbert was found guilty of setting fire to a building in Welcome which wiped out practically the entire business district of that place. She was sentenced to state's prison, but a stay of sentence was obtained while the case was carried to the supreme court. From there it was sent back for a new trial on a writ of error.

Largely on account of the age of the woman it never came up again. The call of the criminal calendar this morning at the opening day of court disposed of practically all of the cases on it. A nolle was entered wmch dismissed the cases of Lucile Colbert, arson; Gustave Schaffelke, larceny; Robert Otto, criminal assault; G. H. B.

Hollman, pasing worthless checks; Jacob Jaeckels, sale of lquor to minors. The cases of Joh-u iV'ikensw obtaining money under false pretenses and Mrs. Emma Theby, abusive language, were passed. The one of Henry Woods was settled, leaving only the argument on record in the case of Joseph Bellin, a case of selling liquor to minors. The first case to come up was that of F.

Hoppner vs. the Standard Manufacturing company in which judgment was rendered for the defendant dismissing action and for costs. The second case was a divorce, Mrs. Minnie Worser being granted a divorce from her husband Joseph on the grounds of desertion and non-support. In the case" for the jury that of Thomas Newland vs.

Alice Morris, an application for change of venue was entered; American Fine Art company vs. South Green Bay Land t)ock company, goes over until next term by stipula tion; Raught Winsey vs. Outagamie county, application to be placed on court calendar; Joseph Kuehnl vs. Andrew Christl, jury waved; Trustees of Dr. Deutscher Krieger Verein vs.

John C. Kunitz, motion for reference by plaintiff; B. L. Ward vs. D.

W. Dean, jury waved; A. M. Spencer vs. West-phal, application for change of venue by defendant The other cases will go to trial.

THE COUNTRY CLUB'S ANNUAL CORN ROAST The annual corn roast- of the River-view Country club will be held on Wednesday evening. This is one of the social affairs of the club each' year. A large bonfire is built in front of the club house, sweet corn is roasted in the fire and' supper served on tables out-of-doors, if the weather is fine. ASKS BUSINESS MEN TO DECORATE STORES Mayor Hammel requests the business men of Appleton and th'e citizens generally to decorate their places of business and residences on Thursday and Friday of this week on account of the re-union of the Twenty-first regiment which is to be held in this city on those days. HIGH SCHOOL SENIOR.

HAVE ELECTED OFFICERS The senior class of the high school has elected the following officers: President, Stanley Sherry; vice president, Archie De Land; secretary-treasurer, Carlton Alley. The walk-around will be held next Friday evening. H. E. Page, local United States Express agent, is at Kimberly on business connected with the company's affairs.

It is Reported the Demand is Greater Than the Supply and the City May. Have Trouble in Getting Another Brick. Appleton is not the only city which is having trouble in securing brick for street pavements. The Marinette Eagle-Star, in the Menominee column of Sat-urady told of trouble that city is experiencing in securing brick. The item stated that the board of public works had received word from the manufacturers of the Purington brick that their stock of brick had fallen short of expectations and that it would be several weeks before they could furnish the brick ordered for street pavements in that city.

No Purington brick has been ordered inAppleton but if the city cannot pro-cj the Capitol brick as was expected with a guarantee from the Barber Asphalt company it was supposed the Purington brick, which stood the test made by Engineer Dodge better than any -other brick, and which was next to the Capitol brick in cost, would be ordered. From recent development is appears as "though no pavement will be laid on the avenue this fall unless the Barber Asphalt company stands by its agreement and furnishes the brick to the city with a written guarantee. The Milwaukee Sentinel said yesterday: Paving bricks of any kind are difficult to buy in Milwaukee just now and the Purington brick which the board of public works has 'specified for several streets can not be bought at all. As a result certain public works is at a standstill. Yesterday City Attorney H.

D. Ryan received a letter from th'e Barber Asphalt company in which it refused point blank to sign the contract submitted by the city and which was merely the legal form of a contract the company offered without solicitation. When the matter of selecting the brick for College avenue was taken up by the council it was found the Capitol brick was 3 cents per square yard cheaper than the Purington brick. The Capitol brick, however, had not stood the test and a letter from an officer of the company to its representative, Mr. Gavin of Fond du Lac, was presented to the council and is still in the hands of th'e city officials, in which the company offered to guarantee the brick for a period of five years and if at any time during that period any of the brick were worn or defective, the company "would replace them without expense to the city.

'This was agreeable to the city, the "offer of the company was placed in the contract which was awarded to th'e company for the brick and the contract sent in for signature, but was not signed and after seyeral weeks of delay the city attorney has finally received word that the company will not sign a contract with the city. Now that it will be impossible -to get the Purington brick, the city may bring suit against the Barber Asphalt company, according to one of the city officials this morning, to compel it to live up to the contract as awarded by the city which was agreeable to the company's representative. As stated in The Crescent Friday, however, it may mean that no pavement will be laid on College avenue this fall. A special meeting of the city council may be held in a day or two to decide just will be done in the matter. FUNERAL OF FRANK L.

GERH AUSER HELD SUNDAY. The funeral of Frank L. Gerhauser was held Sunday morning at 11 o'clock from his home on Prospect street. George S. Sweetman, worshipful master of the Waverly lodge of Free and Accepted Masons conducted th'e services at the house in the presence of a large number of Masons.

The pall bearers were John Schlosser, Frank S. Bradford, F. E. Saecker, Dr. R.

L. Williams, J. E. Thomas and John Bottensek. Messrs-Schlosser and Thomas accompanied the remains to Racine, wh'ere this afternoon the lodge of that city will conduct the burial according to the Masonic rite.

COUNTY CONVENTION HERE ON TUESDAY Th'e County Women's Christian Temperance Union will hold meeting in the parlor of the Methodist church Tuesday, September 17, commencing at 2 o'clock in the affernoon. The Crescent announced briefly Saturday that District Attorney F. J. Roon-ey had received a telephone message that a Dale farmer had been blown to atoms by the explosion of dynamite while blasting stumps. Later in the day it was learned the man was Leonard Spiegleberg, aged 22 years, and it was reported that h'e had started to a field with a large amount of dynamite, intending to spend the day blasting stumps, but that he was killed by a premature explosion.

Later developments, however, indicate that Spiegleberg deliberately committed suicide within ten rods of his house and family troubles are said to have been the cause. Spielgleberg was married ten months ago Saturday but is said to have quarreled with' his wife on several occasions. Friday night they attended a harvest dance in Dale and Spiegleberg is said to have been drinking heavily. During the evening he and his wife are said to have quarreled and he is quoted as having stated in the presence of three or four witnesses that by 10 o'clock the next morning he would be a corpse. About 7:30 o'clock Saturday morning, after procuring a large quantity of dynamite from the cellar under the house, Spiegleberg kissed his wife goodbye, (something it is said he had not done in months) and left the house presumably Xor the field to blast stumps.

When within ten rods of the house there was a terrific explosion, Mrs. Spiegleberg ran out and first found the KLAUS Will REJOIfl THE LAWRENCE TEAM DR. PLANTZ RECEIVES POSITIVE ASSURANCE HEISS IS STILL IN DOUBT. Lawrence foot ball stock has taken a jump. Saturday Dr.

Plantz received a letter from Klaus saying the old tackle would be h'ere some time today to register. This will insure Klaus for both the base ball and foot ball team's. This gives four old men in the line: Sherger, center; Taylor, guard or tackle; Klaus, tackle; Cassidy, end. Capt. Beyer said today that there was plenty of material for the back field and ends, but that it looked as though the line would be light.

There is some doubt as to whether Heiss will remain in college, he being unable to decide what studies to take up. Saturday he went to Oshkosh and it is not known whether he will return to take up his work here or not. Kerwin, who played halfback on the '05 eleven, was in the city yesterday. He leaves shortly for Madison where he will take up the engineering course. EDWARDS OPENS HIS NEW BOARDING BARN The repairs on the former Turner barn at 734 Washington street have been completed and today C.

J. Edwards, who recently purchased the property, opened a boarding barn which he will conduct. PURCHASED GROCERY -IN KIMBERLY VILLAGE George Sauter, son of Charles Sauter, has purchased the grocery building and stock of William Muenchow, in.Kimber-ly and took possession this morning. KIMBERLY WON THE FIRST GAME SUNDAY Kimberly defeated little Chute in base ball yesterday by a score of 10 to 5. Goss was in the.

box for the winners and Verstegen for Little Chute. Mrs. A. Vande Yacht and son Elmer, have returned to their home at South Kaukauna after Spending a week at the home of Mr. and Mrs.

Frank THEODORE BAIIR AND DAUGHTER INJURED STRUCK BY TRAIN AND THROWN FORTY FEET INTO DITCH. Accident Occurred Near Long Bridge Over Little Lake Butte Des Morts While Returning From Appleton. The 2s eenah' Times, one of the most reliable newspapers in this part of the state on Saturday published the following remarkable story of an accident which occurred on the. night of Sept. 4, but which has just become known "Papa are you alive The foregoing were the first words spoken by little Linda Bah'r, the thirteen-year-old daughter of Mr.

and Mrs. Theodore Bahr of the town of Neenah, after she and her father had been thrown into a ditch having been struck by a passenger train Wednesday night, September 4. According to the story as related to The Times this afternoon by Mr. Bahr, he and his daughter had driven to Appleton with a small quantity of grain. Returinng along the lake shore road in the evening shortly after 8 o'clock, and when near the C.

N. W. railroad crossing neara the little Butte des Morts bridge, little Linda Bahr, said she thought she heard a train coming. Her fa'ther only replied that if there was a train a whistle would be sounded or a bell rung as the crossing was approached. Mr.

Bahr states that the next thing he knew was that he and his daughter were lying in a ditch fully forty feet from the track. The horses were lying nearby and the wagon was nearly completely demolished. Upon hearing his daughter ask him if he was alive, Mr. Bahr realized that something had happened and although with considerable trouble, succeeded in picking himself and daughterup. and daughter up.

Mr. Bahr states that he has never to get the horses to their feet, hitch and draw a wagon nearly demolished and get home where he arrived at about 12:30 in the The little girl is in intense pain, and is probably internally injured. Mr. Bahr is also seriously hurt. I He was unable to get to town or get word to a doctor for several days and yesterday his condition was very serious.

The two are now under the care of physicians. Mr. Bahr claims that the train did not' stop and also that no warning was given as the train approached the crossing. APPLETON COUPLE WAS WEDDED AT MENOMINEE Miss Clara and Charles E. Weller were married at Menominee, Michigan, yesterday morning.

The young couple left this city early Sunday morning, were married by Judge Breen in the Michigan city and returned to Appleton on the noon train. They will live on Superior street. Both young people are widely known. Mrs. Weller is "th'e daughter of Mr.

and Mrs. jWilliam Groth, College avenue. Mr. Weller is employed in the August Ger-lach grocery. METHODIST FOURTH QUARTERLY CONFERENCE Th Fourth Quarterly conference will be held Monday evening, Sept.

16, at 8 o'clock. This is a most important meeting. Dr. Millar will be present. Reports for all the year's work will be given, and plans for the coming year made.

It is hoped that every member of the conference will be present. Our Work: EDMUND T. BOLAfID HAS NARROW ESCAPE FELL FROM A LAUNCH IN LAKE WINNEBAGO AND ALMOST DROWNED. Edmund T. Boland came near drowning in Lake Winnebago last night.

He was with a party in a launch and when nearing the entrance of the Menasha river commenced to get his rope ready for landing. While walking along the side of the boat he tipped and plunged into the lake. The boat went some distance before it could be stopped and while rounding to pick up the swimmer the engine broke down. It was with difficulty that the young man was finally rescued. Had aid been delayed a little longer he would have gone down.

ELMER (. COON IS (AILED BY DEATH YOUNG MAN SUCCUMBS TO PNEUMONIA AT THE AGE OF TWENTY-SIX YEARS. Elmer C. Coon died this noon. He was 26 years of age.

His death was caused by pneumonia. He had been seriously sick for several weeks and for a week past it was known that there was no hope. He is survived by his parents, Mr. and Mrs. Luther Coon, by two sisters, the Misses May and Kate Coon, and by one brother, George.

He was born in Fairfield, but lived here nearly all his life and was well and widely known in this city. The funeral arrangements will be announced tomorrow. HIGH SCHOOL EOOT BALL TEAM SECURED WHISTLER AND DEL AND, LAST YEAR STARS, WILL NOT PLAY, HOWEVER. The Appleton high school foot ball players have decided to put a team in the field this season, although the eleven will be minus two of the best players now in school, Whistler and De Land preferring to study during their senior year rather than win additional glory on the gridiron. Manager Reeve Adams announced today that the first game would be with the Alumni September 28.

The next will be with De Pere here on October 5. Oshkosh wants October 12, but it is desired to take that team on at a later date. Refused to Accept Business. The Western Union Telegraph company closed their local office last week and transferred their business to the Northwestern Railway company which refused to accept it during the strike, if at all. Manager John Wente removed the entire equipment to the Ashland division depot at the time he elosed the office but has since carried it back and has been ordered" by hfe company to remain on duty for the present.

Business is still tied up making it almost impossible to send a message. Whenever an operator tries he is grounded or called all sorts of names by strikers who cut in along the line. Kaukauna Times. Mrs. Aug.

Haferbecker and her guests, Mrs. Grant Collins and Mrs. August Haferbecker of Antigo, were Oshkosh visitors Sunday. pocket. This, however, is stated by; men experienced in handling dynamite, to have been an impossibility.

Another report is that Mrs. Spiegleberg saw her husband deliberately strike a match and light a fuse connected with the dynamite in h'is pocket and then calmly stand and watch the fuse burn until the explosion occurred. Still another report is that after lighting the fuse Spiegleberg called to his wife "good-bye" and lay down on the ground, his head resting on several sticks of dynamite, one of which was attached to the fuse. The explosion was the sole topic of discussion in Dale and Medina yesterday and the stories told were so conflicting Hhat District Attorney F. J.

Rooney has ibeen asked to make a thorough investigation and he stated to The Crescent this morning that he would do so. The funeral was held from the late home this morning and was largely attended. ANOTHER AUTOMOBILE ACGDERT- Ofl SUNDAY AUTOMOBILE OWNERS ARE BITTER IN DENOUNCING FARMERS AT VAN DYNE. Another automobile accident has occurred on the Oshkosh-Fond du Lac road just south of the cross road at Van Dyne. Last evening a Mr.

and Mrs. Bender of Green Bay arrived at Richards' garage to have a punctured tire repaired. Mrs. Bender was suffering from a sprained wrist as a result of the auto having struck the pipe laid across the road at Van Dyne. This makes at least a half a dozen accidents which have occurred there.

It is claimed that the pipe, about half of which is buried, was laid across the road by farmers to prevent autos from scorching down the grade there. It is covered with dust and impossible to see. Those in the front seats are hardly jarred from the bump, but those in the rear are thrown against the top of the machine. It is claimed that seven Appleton people have agreed to dig the pipe and ft is claimed that drastic measures will be taken if it is relaid. TWO MONTHS IN JAIL FOR USING PITCHFORK Sixty days in jail is the sentence received' by WiUiam Rader this morning for striking August Wichmann of Freedom with a pitchfork on September 4.

He pleaded guilty to the charge of assault and battery and in lieu of the payment of a fine of $25 and costs of $10.28, was sent to jail. It was impossible to give him a. work house sentence under the charge on which he was arrested. ACCIDENT IN TRYING TO START FIRE WITH OIL Mrs. Olrogge, who lives on th'e Kimberly road, was quite seriously burned Sunday at her home.

She went to the basement about 11 a. m. to start a fire and used an oil can. There was a smoldering fire in the stove and an explosion occurred. Mrs.

Olrogge's hands were burned and her face scorched. The neighbors put out the fire before much damage was done..