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THE OMAHA DAILY REE : TOTJRSDAY , MARCH 10 , 1892.
LEGAL- FIGHT OF A CONVICT
Interesting History of a Oheyonno County
Murderer's Career.
HIS ORIGINAL SENTENCE WAS FOR LIFE
liy Which ll Wns Inilnrril
to rirnil Utility Wcrr Xnt Urnprotcil nnil
HID Governor IiitiTforoil Hurry
Hull's l.llc llrnml ,
LINCOLN , Nob. , March 0. [ Special to Tnu
BEE. ] Harry Hall , n convict at the state
penitentiary , has boon making a desperate
Attempt to obtain his freedom and tbo legal
tight ho has made has been Ingenious enough
to deserve a bettor reward than ho received
today by a decision of iho supreme court ,
which remands him bacK to his cell for an
other year at least. The state penitentiary
contains no inmate with a inoto Interesting
history than that ot Harry Hall. Ho was
convicted of murder In the second degree in
March , 183. ! , Itr Choyeniio county , and by
Judge Qaslln sentenced to Imprisonment for
life. When ho wns arraigned ho pleaded
KUllty with the understanding , as ho alleges ,
that his sentence would not bo for a longer
term than ten years and that oven that time
would bo shortened by executive clemency.
Ho wns placed in the penitentiary on April
6 , IbS'J , at the ago ol US. Ho fully believed
that when the circumstances of his plea , sen
tence anil Incarceration became known to the
governor the arrangement would bo cairlcd
Into effect ; but the yours followed each other
into the dim recesses of the misty past nni' ' the
lone looked for pardon never came. Finally
despairing of the promised clemency Hull
made his escape on January 5 , 18SS. He was
recaptured In Provo City , U. T. , and on De
cember U , 183'J , was again placed behind the
bar * .
Ills case hy this tlmo attracted the execu
tive attention and on January 2 , 1S9I , his
excellency , Governor Thnyor , commuted his
I Bontenco from life to nine years actual tlmo.
' Jlall now claimed that under the provisions
y of the statutes ho was entitled to a reduction
of his sentence on the ground ol good be
havior. Ho accordingly made an applica
tion to the supreme court of the state for his
freedom on a writ of habeas corpus , claiming
'that by good behavior his nine years term
liad been shortened to .six years and live
months , and that he had actually served
seven years , eleven months nnd txvcnty days.
The supreme court hold today that me
language of the commutation meant nine full
yeais In the penitentiary and that the
prisoner was not entitled to the bcuollt of
the provisions of the law known as the
"oood tlmo act" for the purpose of reducing
bis term to loss than nine years.
HiinkliiK Act IH Cim tltiitioiml ,
Some wcoks ago the constitutionality of
the state banking act was attucuod bv
Messrs. Kstabrook and Webster of Omaha ,
attorneys for a Chicago llrin ot commission
merchants. The case arose out of tbo old
case known as the state against the Ex
change bank of Mllllgun. This bank hud
boon closed by the state banking board and
n receiver appointed by tbo supreme court ,
After the business of the bank had been
wound up the Chicago house referred to ap
peared with a claim for $5UIM ) that had not
ocfore been board of. Messrs. EstubroOk
and Webster attacked the constitutionality
of the banking act , alleging that it coiiferreii
original Jurisdiction noon the supreme court
In cases not contemplated by the constitu
tion.
In an opinion handed doxvn today thu
supreme court declares that the law Is cori-
Htltutional , The decision , which was read
by Judge Post , declares : "Tho purpose ol
the act , viz. , to protect depositors and In
sure solvent banking InstitutlODs is not only
within the constitutional powers of tbo legis
lature , but is certainly u judicious oxcrchu
of such power. The legislature has by this
net not only prescribed the conditions upon
which any corporation , tirtn or individual
may engage In business of banking , but bus
provided that in cases of a violation of Its
provisions by a failure to comply with thu
conditions or terms imposed the state may
interfere hy means of ttio agencies provided
Dy law In order to protect those interested
and to prevent a diversion of funds from the
purpose to which they should bo applied ,
Whether the application for a receiver Is ad'
dressed to this court or to the district courl
the effect is tbo same. It is an exorcise o !
the sovereign power of the state for purpose
and In a manner plainly provided by law. "
Wiiltlui ; for the Mandate.
A great deal of comment has been engendered
derod by the alleged failure of the mandate
In the Boyd-Thayer case to roach the clorli
of the Nebraska supreme court and thi
Irtonds of General Tbuycr are freely assert
ing that it is being withheld by Uovcruoi
Boyd's attorneys for sinister purposes. It ii
known that the manauto was delivered u
General Garland a week ago. Govornoi
Boyd and his friends laugh nt the idea thai
the attorneys have any ulterior motive It
withholding the mandate.
Regarding the statement published in an
Omaha paper this morning to the effect thai
tbo papers reopening tha case had been pre
pared nnd Mgned , General Thayer stated u
THE BBE representative this afternoon thn' '
the story was a clumsy piece of fiction will
not a shadow of a foundation. Ho leaves foi
the east in n low days on purely private bus !
ness and has given the old contest case n <
consideration whatever.
I.pgillutlvo Vic tin Tabulated.
A tabulated summary of the replies to tin
letter addressed by Governor Boyd to tti <
members of the legislature , la which hi
uskod their views in regard to an extra ses
nion , has boon prepared and It reveals some
Interesting facts.
Twenty-eight senators responded to the in
qulry. Of these , seven were In favor of ai
extra session , fifteen were opposed and si :
wore noncommittal. Of those senators re
plying fourteen favored the proposition for i
maximum rate bill , eleven wore opposed am
three noncommittal. Of the eleven opposed
six declared that nothing less than the Now
berry bill would bo acceptable.
Of ninety-five ropllos received from meui
bers of the house , thirty-seven favored th
call for an extra session , forty-four opposei
it , and fourteen were noncommittal. O
tboso replying iitty favored railroad lolsln
tion , twenty-six were onposod , and nluotoe
were noncommittal. Of the twcnty-sl
opposed twenty-three declared that nothln
Icis than the Nowbcrry bill would bo accept
nblo. Those mentioned n * noncommittal iir
republicans who simply opposed the idea c
calling such u session.
Mil at I'uy tlio I'nll Amount ,
A case somewhat out of tbo usual order c
suits at law was decided by an opinln
handed down by thu supreme court th :
nioruiiii" . The cashier of tbo Bank of Wen
orn. In tbls state drew a draft for one of hi
customers on the Chase National bunk e
Now York. The draft stated the amount i
figures as "MOO , " and in writing "flvo at.
no 100 dollars. " The purchaser paid tb
cashier f.VX ) for the draft and supposed
was for that amount. The cashier Of tli
Cbaio National bank refused to pay moi
than 15. The Hank of Western atlorwaii !
went Into the bands of u receiver. The si
pro me court held that upon tbe concede
facts the purchaser wan entitled to bo pal
f500 row in tbo bands of the drawee.
Uo l | > of the Stuto Home.
Lieutenant Goveraor Majors was at tt
capital today.
Ex-Coinmlsiloner General Greer callo
upon Governor Boyd this afternoon.
'iho Washington County Creamery aasool
otlon filed articles of incorporation tb
afternoon with tbe secretary of itate.
In District Court.
Judge Field beat the record today in
fllvorco suit. Within fifteen minutes afti
tlraco Knight had tiled her petition for a d
' vorco from her tuubaud , A. S. iCnight ,
well Unowu attorney , she was a free womai
She claimed that her husband hid abuse
nor and looked her out ol the house after si
had returned from a visit to bur mumm
She also got a third of thn $50,000 owned I
Knight , and the custody ot two children ,
Judge field today decided an imperial
question of law. lialph Kitchen ot Omat
bad secured a Judgment In the circuit cou
af the United SUtes against Hoggon & M
Donald , former owner * ot the Capital hot
in tills city. TnU Judgment was not trou
erlpiod to the Lancaster district court , at
when credit wns asked of local dealers UK
gave It , as there appeared notbloe of rccoi
ijalnst the linn. Kitchen attempted to e
force his judgment , but the other credlto
4ouiurr d on the ground that they oime
first , as his petition did not state facts Mif-
flciont to constitute n cause of action. Judge
Field sustained the demurrer , and Kitchen
will tnKo It up to the supreme court.
J. D. Calhoun , the democratic editor of the
Lincoln Herald , tiled an application for a
mandamus this morning to roqulro the coun
cil to divide the several wards of the city
into election products , according to and In
conformity with the provisions of the now
ward ordinance. ThU is simplv carrying
Into the courts the rumpus between the
various parties ns to whotbcr or not iho old
ward lines shall bo observed In the coming
election ,
( Mils nnil imU. :
John Bennlval , the colored fellow who
claims to bo the victim of some enemy who
had "tricked" him , grow very violent this
morning and It was necessary to put him in
a solitary.
Thomas Morrlsioy , Jr. , a young farmer
living near Uenton , was arrested this morn
ing on the charge of having attempted to be
head his slstor Mar/ with an ox. Tno pre
cise nature of the trouble ls not known , but
It appears that Thomas was angered because
she refused to cook for him unless ho got
something to cook with.
Jndgo Lansing last ovontng married Isaac
Kakostraw of Geneva and Miss Catherine
Kulncs of Silver Creek , Colo. The clddy old
people ore just liS. Forty years ngo , 'way back
In Ohio , they were lovers , but n qunml took
placa and Isnao loft his native place. In the
yearn that have passed between Isaac has
been married four times and Catnorlno three.
They will reside In Gonovn.
Mr. II. W. Dickinson of the law firm of
Hutchlnson & Dickinson nt Broken Bow \tlll
lecture- bolero the law students at the state
university tomorrow afternoon at 2 o'clock.
Mr. Dickinson was class historian of the Ann
Arbor law school , having graduated there in
the class of ' 85. and has lately come to this
state to practice. Mr. Dickinson Is a young
man of line ability and is capable of deliver
ing an nblo lecture.
suruiMi :
Dcclfilnnn Given Out by the Xclirnslm Trl-
liiiiml YpKtnritny Other I'rori'pillngH.
LINCOLN , Nob. , March 9. [ Special to TUB
In the supreme court today opinions
In the following cases were handed down :
Meyer ft Uaapko vs Facan ; error from
Greoloy county ; afllrmed. Opinion'by Mr.
Chief Justice Maxwell.
Whore a motion was nmdo to quash the bill
f exceptions because not presented to and
iKiicd hy IhujmUo within the time ll\ed by
nw , It uppu.irml that the bill had been pru-
cntiMl to one of the attorneys for the dofeiid-
intln error within thotlmu llxed by statute ;
hat suuh attorney hud retained the bill fur a
onir tlmo iiml Unit IIKI delay In presenting
ho bill to tno Jnilffu for his signature wns
ansod by Mich attorney retaining the bill.
Ichl , that such riofntilt could not no assigned
IB u reason foruuuslilnx the bill ami that the
lotion would bu overruled.
Whore from the Issue made by the pload-
ncs It Is In olfcct admitted that an attach
ment was wrongfully sued nut and levied on
ho debtor's stock of goods. nlthoiiKh they
.vero . not removed from thu store uch debtor
fler the dissolution of the .attachment , will
o entitled to damages for Injury to his busi
es ? and credit , and n voidlct for JCiO , upon
he evidence In thu record will not bo set
side.
State vs Bank of Western. Original.
Opinion by Mr. Chief Justice Maxwell.
The cash or nf the Hank ofV. \ . drew a draft
n the Chase National bank of New York In
avorofli. This drafts.iteil the amount in
iKuroa , ; > s "ivw , " and In wrltliis."llvo auJ uo-
UO dollars. " The purchaser paid the
ashler } MO tat the draft and sup
posed It was for that amount. The
Irawco rnfnaeil to pay more than J. > . The
'lank of W. afterwards bolnp declared Insolent -
ont and placed In the hands of a receiver ,
tlold , that upon the conceded fuels 1C. wns
entitled to bo paid $30i ) now In the Hands of the
drawee.
State vs Exchange bank of Mllllgan. Orig-
nnl. Objection to jurisdiction ovorruloa.
Opinion by Mr. Justice Post.
The provisions of section 14 , chapter vlll ,
compiled laws , known as iho banKlriff act ,
which authorizes tno appointment bv the
jourtof rncolvort. of Insolvent private banks
ti take charge of and wind up the business
.hereof , does nut conlllct with section IW.
article vl of the constitution.
The state of Nobraxka vs the Commercial
bank , 24 Nebraska , (177. ( cited uhd followed.
State ex rol Packard vs Nelson. Manda
mus. Demurrer sustained and action dis
missed. Opinion by Mr. Chief Justice Max
well.
The provisions of sootlon 2 , article x , of the
constitution whlnli doi'laros that : "No county
- ' . 11 bo divided , or have any part stricken
therefiom , without first submitting the iiics- |
iuii to \oloof thu people of the county , nor
unless a majority ot all the lozal voters of the
county voting on the question slmll vote for
ho sumo , " Is a restriction upon the powers ol
.he legislature to the extent n.tiuod , but Is not
a prohibition upon that poworto roqulio more
than a malorltv in favorof the proposition
us three-fifths of the lojjal votes cast upon
that question.
State ox rol Richards vs Gayhardt Man
damus. Demurrer sustained and action dis
missed. Opinion by Air. Justice Norval.
Under the revenue law of this state notice
ot the tlmo when the redemption of real es
tate sold ut tax sale will expire , must bOKlvcn
at least three months prior to the oxplriitlon
of two years from date of Halo to entitle the
liolderof the tax certificate to a treasurer's
deed. Where such notice Is published In n
newsoapor. It must bo Inserted at least three
times , the IIrat publication nut more than flvo
months , and the last not loss than throe
months , before the time Oxod by statute for
redemption expires.
A peremptory mandamus will not Issue
? alii3t u county treasurer to compel the exe
cution of a tax deed whole the holder of the
tax eortlflotito lins failed to comply with tin
requirements of the statute relating to the
giving of notice to redeem.
Richardson vs Campbell. Appeal frotr
Jobnsou county. On rehearing. Former
opinion modified. Opinion by Mr. Uhiel
Justice Maxwell.
Where money has been loaned at a specific
rule of Interest , as 10 per cent , and the note
contains u provision that If not paid at ma
turity the maker shall pay 12 per cent there
after the blirher rate Is In the nature of n
penalty , and the contract rule will continue
as before the maturity of the note.
Whore u loan wan made for llvo years at It
per cent , the Interest being represented by
coupon notcH due In live years with Interest
from maturity , the loan being ; made at a time
when the statute authorized 12 per cont.
Hold , that a contract loral when made woult
bo enforced , notwithstanding a oh anne In the
Hlatiito reducing thu rate. - . That all the
notes would bo considered us parts of 0111
transaction and that If they , talcun together
did not exceed the limit llxed by law for tin
exacting of Interest the contract would not be
tainted with usury.
In re Harry Hall. Habeas corpus. Do-
murrersustalned. Petition dismissed. Opln
ion by Mr. Justice Post.
One II wus convicted In this state of mimloi
and sentenced to Imprisonment for life In the
penitentiary , tiuhsoquontly the governor bj
nu order In duo form commuttoj the sentence
In question to Imprisonment for nine yearn
the commutation boliiK as follows : "To ulni
years ot actual tlmo In the penitentiary iuu
when ho shall Imvo served nine your
actual time In Hald penitentiary ho shall b <
entitled to Ii s dlschurge , " etc. Held , that b <
the lanuunxo used Is mount nine full years Ii
the penitentiary nnil that the prisoner I * no
entitled to the bunnllt of the provisions nf th
law known as the 'Vood tlmo act" for the pur
pose of reducing his term to less than nln
yours.
State ex rol Gaga county vs King. Krro
from Gaee county , Afllrmod. Opinion by Mi
Justice Norval.
A proceeding by mandamus Is barred by th
statute of limitations at the expiration r
four years train the tlmo the rUht to the wrl
acerucd.
The 1'honlx Insurance company vs Woj
mouth , Krror from tiarpy county. Reverse
and remanded , Opinion by Mr. Justice Pos
Evidence nxaulnod and found not to su ;
tnln the verdict ami judgment for defouduni
In error.
Clark vs Van Court. Krror from Douch
county. Aftlrmcd. Opinion by Mr. Chlol Ju
tlce Maxwell.
On the trial of n'catiftochoro the answer e
fbeclelemlitntawui Koimnil denial , thoconi
refused to permit proof of iin utllrmutlvo di
fenso until "thu UiUP * are perfected In tli
ca o. " evidently referring to an amendexl ni
awer whloh WUH soon ultcrnnidi filed. Hull
that the ruling of the court WUH not erron-
ous.
ous.Tho sixth and sov.inth tar.igraphs of tli
Miiendod answer contnlnod matter In the UK
turu of a counter claim. A motion WHS mull
to Ktriko limit p iraxraph * o'll "for thu ruusu
that thov do not state proper cause for de
tense. " Tim motion u to the sixth parvrap
wuii overruled , but the record fulled tovho
any rullnit aa to the seventh , and tiotlrnon
was adniltt * 1 to uruvo the facts KttitoJ tlierc
In , lleild , that error illd not ulllrmutlveiy uj
pour.
Whore the uniwcr roUed n.uo tlons us ( o tl
nature ot the contract entered into by tl ;
parties , and the quality ot the artlole di
llvo rod under It , to which n reply wuv Ulei
tlio pUlntltr In robuttul tiiuy ' ' "n trndleaor ui
plain tno testimony IntiodiiccU to Binuln tl
aniwor.
Initrnctlon * bet out In the record , hold , a |
pltenblo to the testimony.
Burris v Court , Krror froni Loup coui
ty. Reversed and remanded. Opinion t
Mr. Justice Norval.
In a busturdr proceeding thu jury may ( HI
Into consideration uuy variation * in ilio it a
wouy of the Vroteoutrlx < ind that before U
Jury. A f Ml nro to Instruct the Jury to that
effect Is not reversible error , where nosueh In
struction wns requested to ho Riven.
In a bastardy o so whore the testimony Is
conlllollnit as to the paternity of the child It
Iscotnpntcnt for the defendant to prove that
about the time tlio allowed Intoreoiltso was
had the complainant whllo alone was fro-
miontly visited by a mnn other than the de
fendant from a half hour to an hour and a
half ouch time.
Whalen vs Bronnnn. Appeal from Doug
las county. Anirmod. Opinion by Mr. Chief
Justice Maxwell.
\Vhcr Rcau o Is referred lo a roforcq to
tnko the testimony nnd make his Undines
therofrom. ho Is the proper pnrtv to sl n hill
of exceptions containing the evidence taken
an the trial.
Where all exceptions to the report are with
drawn and the report confirmed by consent ,
nn objection that certain ( Indliifts arn not sus
tained by the evidence will not DO considered.
Whom the parties by n written stipulation
: i ? reo that cert ilu woids may bo withdrawn
from the referee's report , the oflpet of which
will bo to admit tliut n curtiln suiTi Is duo one
of thu parties , the court will not review the
evidence to determine whether or not such
Hum Is duo.
An ncrocn.ont entered Into by parties tor
thn purpose of preventing competition In the
letting of public contracts Is vohl. and a 111(0
rule prevails whore the nece > asary tendency or
effect ot the contract would bo to stlllo coin-
petition. To have this olToct , however. It
must appear that the Intent , olToet or neces
sary tendency of the eon r.ict was to prevent
or silllo competition. Otherwise the contract
will he sustained ,
Fuller vs Ryan. Hrror fiom Saundovs
county. Motion to modify decree overruled.
Supplemental opinion per curlam.
In an action to redeem certain promises from
n sale by referees In proceedings In partition ,
the court required the plnlnttlts to repay the
purchase money within ninety days. On u
motion to modify this Judgment by requiring
the application of the manor in the hands of
the referees who effuctod the sale to the re *
denipllon by the land , the motion was over
ruled. The district court has Jurisdiction ot
such referees and upon u proper ntllduvlt
Doing died showliiK that they were Impropnrly
holdlnir thn proceeds derived f nun such sale
may roqulro them to account for said fund * .
State ox rel fc'owHo vs Painter. Man
damus. Doinurror to petition sustained and
the action dismissed , for reasons stated In
State vs Nelson , supra.
James Brlnkcrhoff , osq. , of Seward county
was admitted to practice.
Lentz vs Nlsson ; motion to qua h bill of
exceptions nnd dismiss appeal sustained.
McCoy vs Stato. No application having
been mauo to advance case and plaintiff in
error having sorvcd the full sentence pro
nounced by thu district court , the petition
In error Is dismissed without prejudice.
The following causes were arguodand sub
mitted : German Insurance company vs
Kddy , ( Juoen Flto Insurance company vs
Eddy , German Fito Insurance company vs
Kddy.
Ballou vs Sherwood. Leave given appellee
to fllu petition to sot aside decree ; summons
ordered.
W. J. McDonald , superintendent Lanncau
Manufacturing Co. , Greenvlllo , ti. C. , says :
"My wife has used Bradyerotmo for head-
ncho and It is the only thing that relieves
her sufferings. "
Dr. Blrnoy.tiosoand t nro at. Bsc bldg
IT'S A-BOOMINO.
Prosperity Tlutt Attends the KlltirU of the
Homo Industry Chumplons.
Tbo Manufacturers association is meeting
with great success in tholr canvass of the
city. Already 4,239 names have boon signed
to the agreement to buy Nebraska goods.
As only ouo person in each family signs the
list it pan bo safely said that 20,000 people in
Omaha have agreed to give NebrasKa made
goods ttio preference. The canvassers report -
port that they are generally received verv
cordially by housekeepers , the majority of
whom nro perfectly familiar with ttio objects
of tbo movement from loading THE BEG.
The work will bo carried on until ut least
10.000 signatures have been obtained.
"Eastern cigar manufacturers are becom
ing very cunning , " said a smoker. "They
print the name of some Omaha firm th.it is
not a manufacturer on the box. Then the
dealer can pass off the cigars on the public
as Omaha made. "
Tha Manufacturers association has had a
number of rubber stamps made for the uo
of members , giving the date of the coming
exposition. They are also having 50,000 cir
culars prlutod to bo slipped Into lottors.
Thirty Nebraska manufacturers outside of
Omaha have applied for space to make ex
hibits at the coming exposition. The same
number of Omaha manufacturers have also
applied for space. It is not a question of
how to 1111 the Coliseum building , but how to
gel them all in.
President Page is arranging for a trip to
Nebraska City , Beatrice , Lincoln , Hastings
and Fremont , where ho will meet the mem
bers of the association In those places and
discuss with them questions pertaining to
the coming exposition.
Mrs. L. R. Palton , Rookford , 111. , writes :
"From personal experience I can recommend
Do Witt's Sarsaparllla. a euro for Impure
blood andgoncril debility. "
Every bar Union soap guaranteed.
MUST SAW WOOD.
Plan to Make Applicants for Aid Karn
What They Get.
The committee consisting of Messrs. Kil-
patrlck , Hu iias and Clark from the Bureau
of Associated faaritlos and Commissioners
Stcnborcc and Paddock , together with Poor-
master Maheucy , have solved the problem
by which some of the parties who have been
receiving aid from the county may bo made
self-supporting.
The committee has hold a session with the
county commissioners and has asked tboso
gentlemen to send all worthy men who nro
willing to work and nro now receiving county
aid to the Mission wood yard.
There tbo mon will bo paid at tbo rnto of
15 cents per hour , the prococds to bo applied
In buying groceries , after the orders are
properly cortltled by tlio superintendent of
poor.
of Cook's KxtM Imperial
Call for a pint Dry
perial Champagne If you want u dollclous
cocktail made.
WAS ONLY A SLjJlir DRAUGHT
- n BI
tO > '
Yesterday's Zephyr Was Occasioned by a
Storm on the Great Lakes.
NOT IN IT WITH SO E OTHER WINDS
rrrpt of rnrnirr vVnr * nnil Ilio llt-conls
They Ilino I.cfl "flJilio " of the rrciikt
of the Itolllrill'iii ; Hitrom
Vcntqrdiiy.
The heavy northwest wind which started
to blow about I o'clock Wednesday morning
wus simply a drought of air cnuscd by an ex
traordinarily Cnorgntlc storm crossing the
great lakes and accompanied , as a matter of
course , by a depression of temperature ,
much of which Is duo to the rapid
rising of the barometer and high winds from
northern latitude : * . Up to midnight last
nlcht the maxlmlim velocity of wind re
corded at the United State * weather bnroau
onico was forty-two miles per hour. Ever
slnco the gale commenced the average veloc
ity per hour had boon thirty-six miles.
Wniio the wind has whistled
around the corners at a pretty lively
gait the present gale Is hardly
to ho compared with others which Omaha
has experienced In the past. In May of lUTtl
the wind blew at the rnto of fifty miles an
hour from the south , and In November of the
same year the signal service Instruments
registered fUty-ona miles per hour. During
a storm in Juno , 1878 , a record of sixty miles
was made , and the same thing occurred In
Juno , 18SJ.
A blizzard about this tlmo In March. 1880 ,
sent tlio wind whistling down the Missouri
vultoy at the rate of llfty-two miles In sixty
minutes.
A heavy northwest storm In Juno , 1SS1 ,
caused tbo signal sorvloD auemomotor to re
cord a velocity of tlfty-six tulles an hour.
In February , ISSSI , Omaha was visited by a
hurricane which blow down the walls of the
old Max Meyer building at the corner of
Eleventh and Fainnui streets , causing a con-
slUorublo loss of life. During this gala the
north ulna blow at the rate of forty nine
miles an hour.
At 7 o'clock last night the wind was blow
ing through the streets of Sioux City at the
rate ot forty-eight miles. The maximum
velocity reported was Ufty-slx miles. Yank-
ton , S. D. , reported twenty-eight miles at 7
p. in. with a maximum of forty-eight mllos.
Sumo of ItH FreuttH.
All day yesterday pedestrians were Uopt
dodging signs and fragments of roof which
hud beou loosened by the wind and were
blown about the stroots.
A high cnimnoy at the now St. Joseph's
hospital was blown down and crasDed
through the slate roof , doing considerable
damage.
Several of tbo ornaments on the turrets of
Trinity cathedral were t&rn loose and fell to
the grouud. The tin dorntco on the building
occupied by Hospo on Douglas street was
loosened by the g.ilo and threatened to tall
any moment. In orderto , avoid accidents a
rope was stretched across the sidewalk , thus
compelling uodostriau to walk in the street
while passing the dangerous locality.
Owing to the difllculty of Uceptng up
steam In such a gale the cable cars were run
vorjr slowly all day yestdrday and last night.
Tue motors suffered to souie'extont , and the
uiotormcu found It liqppssible to run as fust
as usual.
A trolley wire on the Sixteenth street line
at Sixteenth and Capitol avenue.broko about ?
o'clock lust night , and foil to the
street. The fact that the wire was
a llvo 0110 was 'apparent to every
one in' the vicinity , for as the doadlv wire
was shaken and swung by the wind a really
line pyrotochlo display , was given to tno
spectators free ot charge. All tao cars on
the line wore stopped for about an hour
while the damage was'being repaired.
Uhim.io.vs ullovor town Were blown down ,
causing more or loss damage.
The telephone and telegraph service was
constantly luterferrod with oy the breaking
and crossing of wires. A window in the
cupola of the court house was broken by tno
wind during the afternoon and tno shuttered
glass fell with a crash to the bottom of the
rotunda.
One of the glass fronts at Stonehill'x ' , one
at Morse's and one at tbo Golden Kaglo
adjoining Stonohlll's , were blown in
within a few minutes of each other. The
damage will amount to several hundred del
lars.
lars.A
A heavy plato , 8x10 foot in size , in the
front of the north store room on the ground
floor of the Goodrich block at Twenty-fourth
and Paul , was smashed by the falling of tbo
awning , whloh was torn from its fastenings.
A smaller light in tbo front of the No-
urusko Steam laundry at Sixteenth and
Howard was also wrecked.
Hard on the I'lremon.
The firemen probably bavo moro causa
to complain about the storm than anybody
else. For nearly twenty-four hour * there
xvas trouble in tbo department wires.
Frequently during the day and almost
constantly last night loosened and broken
wires were coming In contact with tbo tire
lines and tbo big boll on top of the head
quarters house , as well as all the fire alarm
gongs in the city wore Itont riuglng.
It was useless for the man to try to sleep
and so the majority of thorn aat around the
stoves in their houses with their running
clothes on in order to bo ready at a moment's
notice in casu a bona lido call wus sent in.
The horses were driven nearly wild by the
oxciteuiont and constant ringing of the bells
and pawed and stamped in their stalls ,
anxious to bo freo. The drivers did the best
they could to quiet the restive animals but
wltnout success , for every time tbo boll
tapped the intelligent boasts would make a
jump toward their places in the harness.
Nearly all the wires between hero and
Chicago were either down or In trouble and
consequently the weather ollluo oQiclais
GOOD LUCK.
Dr. Price's Cream Baking Powder is often called the
Good-Luck Baking Powder.
Owing to the fact that good luck always'iiliitends the
use of Dr. Price's , it is not essential to use itiftl'e . moment
a ) I1 !
t it is mixed nor is it required to have the oven,03rWays , just
D in
so , as in the case with ammo'nia or alum powders.- is not
VTt
luck after all , but the exact accuracy and careJje.jr.ercised in
the preparation and combination of all the ingredients of
Dr. Price's Cream Baking Powder. Competent ! chemists
i ° v-
t 7
' are employed to test the strength and purity of each
ingredient. Nothing is trusted to chance. Hence ; it is
always uniform in its work.
H House wives never fail to have "good luck" in mak-
jj ing most delicious bread , biscuit , pastry and cakes that
remain moist and sweet. Only Baking' Powder that non-
tains the white of eggs.
O
i"
Dr , Price's Cream Baking Powder is re
ported by all authorities as free from Ammonia ,
Alum , or any other adulterant. In fact , the
purity of this ideal powder has ver been qucs-
i ; tioned.
could not get any omtcrn reports on which
to bajo the proalrtlona for today.
My wife has useel Unidycrotlno for head-
ncho with the best Imaginable ro ulti. I
state this without solicitation. J.V. . Mnsh
burn , Abbeville , (3a.
NICK EASY JOB.
\Vholp.ulo Ornrors Hinuii StfortUtlrnlly
CriicUril by n Iliirglnr.
The outorprlslng burglar continues to bur
gle with monotonous regularity. The ron-
tloman now plnylna an ongngomout of an in-
dcllnlto uumiior ot nights in Omaha appears
to bo no novlco nnd permits no throats of po-
llco or press to disturb his professional
serenity.
*
Tuesday nlcht ho visited Sloan , Johnson &
Co.'s wholesale grocery. From the alloy on
'
the north side of the building ho ofTeclo'd nn
entrance into tbo warehouse , and thus to the
oflle-o. The safe Is located In n largo fire
proof vault , the door ot which wns drilled
and broken open. After two or three inef
fectual attempts , shown by the holes drilled
in the door , ho bored his way through and
poured lu sufficient powder to
blow up n man - of - war. Then
he closed the outer vault door ,
returned to the oftlco , selected a few delica
cies from the sample shrives In the shape of
plcklos , canned sardines , salmon , etc. , coolly
opened tbe cans and sat down to enjoy himself -
self nnd wait for the earthquake. When
this occurred ho returned to the vault , closed
the door , turned on the electric light and
began Ms search. Dcods , drafts , checks , In-
suraui-o policies , etc. , ho had no use for and
they were found scattered about the lloor.
In the money drawer , however , there was
(91.00 , which came in after banking hours ,
and this he pocketed.
The burglar xvas lucky , for the vault Is
merely for llro protection and rarely contains
moro than n dollar's worth of postage
stamps.
The damage done to the safe nnd vault
amounts to about $ i" > 0.
The linn now proposes , for the Information
ot future visitors of the same purMinslon , to
post in a conspicuous place n lognnd to in
form all comers In the plainest and largest
round hand that "this vault is not locked. "
DoWltt's Sarsaparilla cleanses the blood ,
Incroascstho appetite ana tones up the sys
tem. It has bonoilttod many people who
have suffered from blood disorders. It will
holpyou.
Next Sunday night and the three ul ht *
following Cora Tauuor appears at Boyd's now
theater In the now play , " \vlll Sno Divorce
Him , " a drama written for her by Clinton
Stuart. As her heroine , Isabel Spencer , tbo
girted actress , has a character In which she
can dlsnlay to perfection the varied his-
trlonlc powers with which she Is so richly
endowed. The lady's many admirers will ro-
PRINCESS KICKAPOO.
"PURE BLOOD , PERFECT HEALTH. "
By the peculiar searching and cleansing qualities of
this great medicine it expels like magic all poisons
from the system. No one need suffer from blood
disorders who will give the celebrated compound
O
Indian Sagwa
fair trial. It is simple , harmless , yet powerful and
unfailing ; prepared from herbs , roots , and barks
gathered by the Indians. Its ingredients are
Blood = rnaking ,
Bood | = cleansing ,
Life = sustaining.
It Ii the original Indian remedy fur the blood , Kickapoo Indian Cough Cure
tomach , livi r. kidneys , nnil hmvels. In common
tun for a hundred } ears or mure , f t UO a bottle. burc and quick relief . from coughs anil
.
All drucglitt colds. 50 cents.
AMUSEMENTS.
Bo-ycTsTinwi :
Seventeenth and llarnoy streets
THURSDAY. FRIDAY AND SATURDAY , MARCH
10 , HAND 12.
The Greatest nf ISnttllnli Opern L'oinpnnles ,
THE eOSTHMANS ,
KAHU MacDONAI.D .1 HAUNAIIKK , ITnp'rs.
In Iho 1'ollonliiiZ Iteprrtolro ;
Thursiloyorciilnif 1MIIIN IIDOI ) .
Krldax ovcniini-OAK.MKN.
amunUr mntlneo ItOlll.V HOOD.
Hntiinlur ovunlnK-DUItuniV
HCAI.i : UK I'ltlinCH.
1'arquot
Circle , nrat&rowa . , . 1 M
Clrolo. last J rowi , , . JIM
llnlcony , flrat < row * . I Ol
llalcnnr , la l 6ro § . 7Do
Gunerul ndiuli'lun loreor tnlconf . Ulc
FARNAM ST , THEATER I POI >
Kvcry Evening thin Weiok , Mutlnr.o Saturday ,
Carleton Opera Comp'y
uxriciiiiiiiii : .
Ilmrntlinr NlKht. KIIMINIK.
Ki-iilnr N'Kht. ' IMHlil ) .
Sntmdny .Mnlliiuo. NANON ,
rialiiriliir NlRht , KIIMINIK.
NO AHVAKCK IN 1'HICHS , Ht > aU now on tula.
' IlbW I Ot n Good
BOYD'S THEATRE
Bevenlrenth unit llama ? Street !
'SUNDAY , MARCH 13
KinrnRcmcnt of the Voung Ainer'nin ' Star.
CDRR
Under the M.inaieincnt of < 'ulV K , bung.
I'rt'aoiillnL' { iir tlio llr t tlmti lie-ro Ollnton
t-timrt'H Illglnr iii'ci".8fnl I'luy ,
WILL SHE DIVORCIi HIM ?
A i > l4teil hy u ( 'an'fMlly Sedprlod Coinp.iny
iid'layurs from HnHik ! > u I'.nk Thoiitro.
Tlio irre.lt M diiircsi tiuyond a rlonhtof l/'orn
Tanner' * ninny Hchlovi'iueiit *
Tlio salt of fi'iitn will c'peii satiiiduy inoru-
lut at regular jirlcea.
coivo with pleasure tbo Information that as
Isabel Spencer oho Is Riven opportunities lo
exercise tha emotional strength whloh she
I > o * c33ns In an eminent degree , an artistically
trained torco that tint drew attention to her
ns an actress of far moro than aventpo abil
ity. The pathos In the lady's now play Is re-
Hoved by numerous ploams of sunshine.
Cora Tanner's transition from tjravo to ( jay ,
from lively to serene , are veritable triumphs
of hlstrlonloart , for they counterfeit nnturo
so admirably.
Tonight the nostonlans will repeat the
opera of "Hobln Hood , " presenting the fol
lowing cast ,
Hotiln Hood IMwInW. Hoff
IilttloJnhn W. II , McDonald
SliurllTof .NottliiRlmin II. O llariuiboo
WIHScnrlet KUROIIU Oowlos
Allan-A-liala riota rinlayson
I'rlnr Ytiok Ooorso Krotlilnannin
Uuy of tllsborno 1'pti-r I.-iiiu
Miila Marlon C.inilllo IVArvlllo
Damr Dnrdon Josephine IHttloit
Annabel . . . . . Mtiuu L'lmor
No safer remedy ran bo had for coughs ami
colds , or any trouble of the throat , than
"Hrown's Hfonohlal Troches. " 1'rleo C5 cts.
Sold only in boxes.
nr.nr.ii , or miT n.isiiixo.
i\niiRrllnts Conducting Honmrkulilo Srrv.
Iron ut nil Inilliiini Town.
Cot.UMnti ? , Ind. , Mnrcti U. The most re
markable religious rovlyal ever known hero
Is now in progress nt Flat lloclt. For seven
weeks Uov. Messrs Stoughton of Missouri
nnd Hill of Anderson , liuullsts , have hold
services nightly. The meetings nro remarkable -
able In many rospocts. Services begin about
4 o'clock in the afternoon and last all night.
The sorvlcoi of Saturday continued all night ,
all day Sunday nnd until nearly daylight
Monday. Little preaching aud much praying
Is done. They strip tholr lower limbs bare
nnil hundred * of them may bo scon ut the
snpio tlmo washing each other's feet. The
building is an old abandoned church which
has been occupied o-ilv by hats and owls for
years past. Hundreds attend nightly and
many are turned away for want of room.
Dr. Blrnoy euros catnrrn. BKU bldg
Siiruli Altlirn ArrrMocl.
SANFitNCISCO , Gal. , March fl. Judge
Levy today issued \varrant for the arrest
of Mrs. Surah Althea Sharon Terry , and she
wns taken to court whora she will bo ex
amined bv the commissioners of Insanity ,
who , will pass upon the ejuestion of con-
lining her in some asylum.
KoUetunfflre JliiMor ( < . imilcrtlili headfifty
centseach lUftltlfmiuI line ten coiti.
IUIOW Wednesday , Miirch 9 , at 11:10 : p. in. , at
the Ilrown hospital. Tnontiotli and Hodge.
K\'a Muy. wlfoof Uharios K. Ilrown , 1'unoral
notice Inter.
AMUSEMENTS.
. .
Jt Tho5ttorll > ol > ur'AIt
m '
ill oil llloditjl I'
I'our iilslits , eoininoiieln ? Siuulnv mutlnoo ,
March ii : , JAJ1KS II. WALI.AOK ,
In twogie.it pluyu ,
SiinOay matlnite and nlnlit and Monday night ,
"T1IK IIANDIT K1N 1. "
Tuesday night , WoJncsihiy matlnoo and
night.
"THU OATTI.i : KINfl. "
German Carpenters and
Swedish Tug o' WarTeams ,
OF SOUTH OMAHA.
Friday Night , Mar , II
AT-
B. BLUM'S HRLL ,
SOUTH OMAHA.
Admission , BO Cents.
NEBRASKA
National Bank.
U , S. DEPOSITORY. OMAHA , NEB
Capital $ 100,000
urpliu ( id , 500
onuernanit lltoowrllonr / W. V tu . preilduni
II ( . 'iuliliii " , . , lou rroiWfitl. IX H Muurlca. W , \
Mono , John d i.'ollfii . J M U. I'ntrlck , la u &
lluu-l , I'ruUlef.
THIS IRON BANK.
Corner 112th and Farnam Bts.
FOUND AT LAST
After Ve.irs of Unsuaojssfnl Soaroh for a
Cure , Martin Anderson Gets Kolloffrom
the Chlniso Doctor A VolunUrTjit
monlal.
OMAHA. Nob. . Jan. 18 , 18'J2. '
To whom It May Concern ;
This Is to cortliv Unit I Imvo boon a
constant sulToror foV mnny yotiM with
catarrh , asthma and 'bronchial ' alTou-
tlona of tin ) throat , and trioil all the
imtont inmllelnoft and remedies I ever
lieard ot , but with no success. 1 ticatcd
with doctors in various purls of the
country , but none of them could do mo
any good further than giving mo shor
temporary relief. I hullorod nlirht an-
day. and continued to grow worse not
withstanding all the medicine I had
taken. I had almost given up my case
as hopeless when I was Informed by a
frloml of Dr. C. Goo Wo , the Clilneso
doctor , nnd advised to go and hoe him in
the hope of getting relief at least , if not
a permanent cure for my trouble. I was
alow in making up my mind to make
such n radical change in my treatment ,
as I know a trial with the Chinese elou-
lor would bring mo , but I llnally eon
clutled to give him a tritil. so I called at
his ollico with that intention. I lound
the doctor n clover , entertaining gentleman -
man , thoroughly posted on my condi
tion , and it took only n vary short tlmo
to convince mo that ho was the parly I
was so long in search of. Ho told mo
my case was curable , and that ho could
euro mo , and pronarctl mo a special
treatment to suit my condition , and in
two weeks 1 was so much hotter thnt I
had the fullest confidence In the doctor's
ability and committed my case to his
treatment. I continued lo grow better
rapidly and am now entirely wall. I
owe my cure to Dr. C. Goo Wo , and am
not ashamed to admit it. I advise all
who want rollof from tholr troubles to
call on Dr. C. Goo Wo , and they will ho
cured. For all particulars apply or
write to MAUTIN L. ANUKKSON ,
8121 Cumlng St. , Omaha , Nob.
rm. c. GKE wo ,
Regular graduate of ( 'hlneso medicine. oleM
y oars' study , ton yo.ir " practice Troalssiio <
cossfully all diseases known to sulTorliu hu
manity.
Hoots , plants nnd herbs nature's remedies
his medicines the world his witness ; I.UJO toi-
tlmonlals. Call and Bee him , Consultitlou
free. Han also constantly on hind remedies
for the following diseases road.v prepared :
Asthma , Catarrh , Khoiimatlsm , Indigestion ,
Lost Manhood. Kninnto Wn.iUness. SIolc Ho id-
ache , Illood I'urlflnr. and Kldn y and Liver.
I'rlce , one dollar per bottle or six feir live del
lars. Those who cannot call , enclose 2-cont
stump for question list and full pirtleulars
LlUce , Cor. 10th and CallfornU St3. . O.na \
TUB SilORT EST USE TO CHICAGO
is via the Chicago , Milwaukee
& St. Paul R'y , as represented
on'this mao.
' " "n , '
'CEDAR RAPIDS
DESHOINES
Steam Heated
Electric Lighted ,
ed Vestibuled trains leave
Omaha daily at 6:20 : p. m. , ar
riving at Chicago at 9:30 : a. m.
City Ticket Office : 1501 Far-
nam St. , Omaha.
F. A. NASH. Gen'l Agent.
C. C. LINCOLN , Pass. Agent.
. . ' . . ' OUIENTAL
T. I'Kl.I.X GOUUAltD'S CllKAM.
DK. OK MAGICAL , UKAUIVIUK.
5 2 ISfSlt * . Itomnvoa Tun ,
- § - .KSSV I'lrm-i-i. Ifpprk.
HS 8 a ° KS3F3S5 ! i.Moti Patch.
= °
! "La " "I blom-
llh ? n b < " > 'r.
anildBfles itotpo-
tlon. U hui
Inuil the toil of
( U juurs , uiid In
go harmlenn wn
tnato. tii bemire
It l properly
inn do , Airepl
no cnmrorfolt
ofihalUrnniiio ,
lr K A Knjcr
nald to uladf ot
tilt ) hnut ton ( a
inilontl "A < < yuu liulln w 111 iKelh m 1 recommend
ijQiiriiiMl's ( .renrn'm Hie loait Inrmfulof all tlio
Kkln prl'pnrallona , " For italii by nil DriiKnUtu nnd
t-'nni - T ( } ( Mitl Dofilorn la the Unllod btatos , Ciinudaa
nnd ICuropo
VJIKDT , HOl'KINH , I'rop'r.i'T Great Jouoa 81. , N. Y.
OltDI NANCE NO 2)7-lT ! )
An ordinance cirilnrlni : the cradlns ot Capllol
avenue , from the Umaha Helt Ity to Intli
Htrcul , and dln-cllns the hoard of pulillo
works to take iiccess'iry slops to ouuso said
work to he done :
He It ordained hy the city council of the elty
of ninuliu :
Hectlon I. Whereas , permanent crudes hnvu
been rstabllshod upon , and appnilsi-iH have
heein duly uppolntud hy law , to appraise HID
damaucs caiihed uy thu Kradln nf C'apltol
avenue from the Omaha licit Ity to 4Sth sircot
.ind made Iheli report to the ultv council ,
which has formally udoptod the samu ; and ,
WhoreuH. property owner * , ropri'sonUiiK' moro
than tlireo fifths of the property uhnttlnir im
Hald portions nf iho avenue nhuvu Mpoclflt'd ,
have putltlonod the elty council to have said
avenue Kraded to the present ostnhllxiicd
irrailo. under the throe-fifths clanm without
rharpe U > the city , anil that tlio cost bo made
iiiiynblo In ton equal InbtallnientH ,
Therefore. Utipltol iivoniin , from the Omaha
Holt Uy ttHRth Htreiit. he and hereby Is order
ed Kruilud to the present established Krado ,
. ' ect'on ' - . Tlmtthi ) birinl of imbllo works
ho and hereby Is dlrocti'd to taliu the necert-
hary ateps lo cause said wurU to De done.
.Section : i Tint this ordlniiiico Nliull tile
elToct and bo in force from and after Its pan-
tinuo.
Ulty Olork.
K. I' . DAVIS.
President Ulty Ounnell.
Approved Muruh 6th , ISTJ.
ISTJ.OKO. . I'.HKMIH ,
Mayor.
OrnRuu Short l.lnu & Utah Northern Jlull
way Company Ntoiikluililur * ' Alootlni ; .
Notice Is harohy ( ilven that the annual
meetlnu of the stockholders nf tlio Oregon
Hhort I. Inn & Utah Northern Hallway com
pany , for the election of directors uni ) unuli
other bnslni > 8 AS nmv legally como before Ilio
meotliiK , will bo hold nt room No. ) ! , llooiior
llulldlnir , Hnlt l.nlco Ulty , Utah Territory.
upon Wcdnuaday , the lOln dity of JIarcli. ISJ
at ID o'clock n. m.
Htouk transfer boolm will close upon tha
SOlh day of Kobfuary. and reopen upon thu
17th day ot March. AI.KXAMOEII MII.I.AII ,
Hoorrtarir ,
IIORTON. Masa. . Kcl ) . 3. IMi l-'lfld VUtM _
1'rupoiuls for I'uriiiaiirnt rtliletnilk Aroiiml
N..VV City Hull.
Hcaln'J proposals will ho received at thin
ollico until 4 p , m. March 1'dli , Ibf * . for tliui-iui-
htiuctlon ot Hlunu nlduwulk around llu-iiow
city hall. BpcoincalU > iisai.d pluiu now on Illu
ut this onlcu.
Kaeli hid must ho accompanied liy nooitl-
Heid check for t.W.W to hu forroltud to the olty
ot Omaha If a hlddurkhould fail U ) ftirnluh thu
pi upor bond or enter Into conlrucl accoidliu
to the hid. If It ahotlld l > u awarded tii them ,
The council rusorvcH the rlzht to loject any
or nil bids. T1IKO OI.HI'.N.
miudit Comptroller.
Nutlrii.
Thn regular uiuotlnu of tlio iliilldom' and
Tr.idur * ' ICxchaiik'o will take place
d iy , Mm oh U , at Id ; O a. m tharu.
Two llvu unbjccta will bu up tor
N , II. IliJoSEV , I'rosldciiU
W , 3. Wiuut , Seoietury , Tuei-o-\Vud-t