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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 8, 1894)
THE OMAHA DAILY BEE : TfitrRSDAY , MARCH 8 , 180-1. AGAINST AUDITOR MOORE Commissioner General Qarneau's ' Judgment Sustained by the Supreme Court- LONG DRAWN OUT CONTROVERSY SETTLED \ 1'rlccn I'nlil for I'tirnlslilni ; tlm Krlirnohn IVorM'i j'i lr Ihillillni : nit I.mv Clr- ciiinntiiiioct Would JVnult to Jlu lloniiii'd. LINCOLN , March 7 , ( Special to The Bco. ) The lonB-drawn-out controversy bo- twccn Auditor Miooro nnil Commissioner General Oanioan was cmlcil tlila afternoon by a decision of the miprcma court , before which the matter had boon brought for final adjudication. The raso came before the gu- liremo court In the shape of an appeal from the decision of the district court In and lor Lancaster county. The HUpremo court decided against tha auditor by affirming the decision of the district court. The BPounda upon which the _ court decided ngalnBt the auditor , as well as a history of the casp , which Is ono of Importances to the state In future , will bo seen from the brief summary of Chief Justice Norval's opinion RUbmlttcd below : "Tho record before us discloses that Joseph Oarnuau , Jr. , the commissioner gen eral for this nlato at the Columbian exposi tion , entered Into a contract with the Henry Dibbles company of Chicago whereby the latter Agreed to furnish certain furniture , fixtures and decorations required for the Nebraska state building and the exhibits of this state In the various exposition build ings fur the stipulated sum or J4.000. In pursuance of vafd contract all of said furni ture , futures and decorations were furnished and delivered. Subsequently , under other ' 'contracts with the commissioner general , the Henry Dibbles company furnished and delivered on the exposition grounds for the use of the state In making Its exhibits cer tain other furniture and property for the ntlpulated price of $2,850. The aggregate of the several purchases Is ? G,858 , on which there has been paid ? 3G28 and no more. The claim for the balance of the account was filed with the auditor , who allowed thereon $872 and rejected the remainder of the claim. A warrant was drawn for said last named sum , which the claimant declined to accept , but prosecuted an appeal to the dis trict court. "Upon the trial In the court below the auditor dfd not offer anysproof to establish the first defense interposed. On the con trary , the evidence Introduced by the other stdo conclusively established that each and every Item specified In the claim presented to the auditor was actually furnished and delivered by the claimant to Oarneau on the exposition grouds , and was used by the latter In furnishing and decorating the Ne braska state building and In arranging and making the display of the several exhibits of this state at the fair. The property and dec orations so furnished were necessary for the proper carrying Into effect the act of the legislature. Nothing further under this branch of the case need be said. "As to the form of the voucher submitted for audit and allowance , wo do not umler- Btand that the auditor now seriously urges this objection. As first filed In the auditor's ofllco the voucher was not In proper shape , in that there was no Itcnitzation of the articles furnished and the prices charged for each article. Subsequently , at the request of the auditor , the claimant brought Itself within the above decision , for a detailed bill was furnished the auditor which was attached to the original voucher and presented for allowance. The voucher , with 'the exhibits thereto at tached , when finally acted upon , was suffl- clont. There was evidence before the trial court given by credible witnesses which fully Justified the contention of the auditor that many of the prices charged by the claimant greatly exceeded the fair and reasonable market value of the goods and property fur nished , and that under ordinary circum stances they ought , and could , have been purchased at a sum which would have ro- Btiltod In a saving to the Btato of several 'hundred dollars. There la also evidence' which tends to show that goods of the character and class furnished the commis sioner general by the claimant , as well as most other kinds of goods , were held and sold In Chicago during the exposition at extravagant prices. "Mr. Garncau in his testimony states , with reference to the purchase of the property , that ho submitted plans and specifications for estimates and bids to five persons in Chicago and two In Omaha ; that the Omaha firms stated they could not otter a hid , from the fact that they could not do so on the de tails without sending a man to Chicago to look It up ; that three of the Chicago parties absolutely declined to bid , stating that they had more work than they could get done ; that bids wore received from two firms , that of the Henry Dibbles company being $80 lower ; that ho purchased the property de scribed In the voucher at the lowest possible flguro the goods could bo procured at at the tlmo the same w'ero bought ; and that the bill as rendered the state was the contract prlco agreed upon between , the witness and the cinlnuint. Upon the conlllcting testimony the trial court derided against the stato. Aa already stated , all the articles charged In the voucher were furnished under express con tracts , the prices being at the tlmo agreed upon. There la no charge of fraud or collusion between Mr. Qarncau and the claimant In the transaction , ; or Is there a particle of evidence In the record upon which such a charge could bo liredlcatod. Mr. Garnoau was the represen tative or ngont of the state , and as such , by virtue of the act under which ho was ap pointed , possessed the power or authority to purchase the goods In question , as well as appoint assistants and employ such clerical and other help deemed necessary for the prosecution of the work. The state , In the absence of fraud , Is bound by the contracts under which the property wan furnished. It Is an elementary rule that a principal Is bound by the acts and contracts of his agent within the scope of the agent's authority. And wo do not know of any reason why the sumo rule should not apply to the state as well us an Individual. Had no prices been agreed upon , then the state would have been liable for the fair market value of the goods and no more. The decision of tha district court Is affirmed. " The other Judges concur , Indiana Turn Illglnvnynicn , DEOATUH , Neb. , March 7. ( Special to r "Tttti Doe. ) Last Thursday White Weasle. an Indian living on the reservation northwest of this place , started out with the intention of doing Boiiio trading at Dnncroft. When only a llttlo way from homo ho was accosted by two Indians , known as Henry /ind Stephen Walker , who demanded that he halt and give up his money. They were Informed that ho had no money and ex pected to get credit nt Uancroft for what groceries ho wanted for his family. The assailants then demanded that Wcaalo give them whisky , but this request , too , was im possible to grant. They then attempted to take the team , but meeting with resistance they throw him from the wagon , breaking both arms. White Weaslo then ran to a honso near by and attempted to keep out the two men , who had followed him , but they wore determined to finish their victim , i and throwing him from an upstairs window , * vho foil to the ground In an unconscious state. Not yet satisfied they struck him several times with a hatchet , leaving him for dead. In the meantime his wife , at tracted by the notso , had followed and found her husband. It Is reported that arrests have boon mailo and that the offenders will bo brought to Justice. KHlBil AVIillo Hunting Duck * . HOUmiOOB , Neb. , March 7 , Special Tele gram to The nee. ) K , I. Anderson , a farmer living nine miles northeast of Holdrcgo , was found dead In his cornfield today , having shot himself accidentally. Ho was 20 years of ago mid lived with his brother. Sat urday night ho took his gun and tmtd that he was going to aoo n neighbor who lived two or three miles distant , and that was the last coon of him alive. Tuesday night his brother wont after his cattle and found Emit dead In the field. He evidently was hunting ducks on his way and had a dead duck firmly .jr traaped In his left Imnd. In hU right ho had i\ts gun , with both barrels discharged. He * Bvldoutly was leaning up against the gun at c Ma right aide as the charge of shot entered under hi * right arm end en mo out at the back of his neck near the spine. Death was Instantaneous , The 9-year-old son of Peter Plorson , while wrestling , had his right arm broken at the shoulder Joint. _ Fugitive ) Cnpturril , FHEMONT. March 7. ( Special to The Dee. ) One W. f\ Baker , who took up his residence In this city about two WCPH ! ago , was arrested yesterday by Marshal Nelson In compllnnce with ft dispatch from Sheriff Baker of I'arsons , Kan. , on a charge of criminal assault committed nt that place February 18. Ho was committed to Jail to await the Kansas officials ; who arc expected today , Ono Frank nipley Is In the city Jail await ing the sheriff of Douglas county on a charge of bastardy. A complaint from the Woman's Christian Temperance union was filed with the school board against the Janitors of the district smoking about the school houses. They were ordered to abstain from the habit dur ing school hours. Ilov. Father Fitzgerald la In receipt of a letter from an anonymous source warning him that there hi a plot on foot to nssast- nlnate him. The communication appears to lie In a lady's hand and states that she overheard two men discussing him and ono of them declared that his death had been determined upon. The reverend gentleman does not appear greatly concerned over the matter and cannot conceive of the threat ened violence. A largo delegation of Fremont Odd Fol- IOWK wont up to Leigh last night to demon strate some of the eicellont work of Cen tennial ledge to the lodge at that place. Fred Do Lamatyr and wife left for the Pacific coast this evening to visit friends and relatives In that locality. A. Trues- doll and wife will leave In a few days. School Teacher Under Arrest. IJEATUICE , March 7. ( Special Telegram to The Dee. ) Cyrls I ) . Miller , a young man who has been teacher In the Qago county schools for some time , was arrested and placed in Jail last night to answer to n charge of stealing two horses , two carts , a lot of lard , hams and canned fruit , nil the articles , except ono horse and cart , being taken from the premises of Ed Acorn , near Flllcy , and the other horse and cart from W. W. Harnhouse of Adams. Miller does not deny his guilt and expects a term In the peniten tiary. The southwest Nebraska Grand Army of the Republic will hold Its annual encamp ment In this city tomorrow. Leading mem bers of the Grand Army of the Hepuhllc throughout the state are booked for speeches at the camp fire to bo held In the Auditorium In the evening John I'arUcr , found guilty of incest , his daughter being the , victim , was sentenced this afternoon In the district court and will spend six years In the penitentiary. .Murphy Hound Over. FULLERTON , Neb. , March 7. ( Special to The Bee. ) George W. Murphy , the young man who shot and seriously wounded Charles W. Halley , a young farmer In Prairie Creek township , this county , Sunday , was given a preliminary examination In Justice Dean's court today. Murphy was arrested by Con stable Parker Immediately after the shooting occurred and taken before Justice Ginn of Prairie Creel ; ! , before whom he pleaded guilty to the shooting of Bailey. About this tlmo Sheriff Snyder arrived on the scone and the Justice turned the criminal over to him. From the evidence adduced the court concluded that Murphy was not a safe man to run at large , and held him to the district court and fixed his bond at $1,000 , in default of which ho stands committed to Jail to await the convening of district court. Physicians report his victim in a serious , but not dangerous condition. Prutty AVrihtlng nt Alila. ALDA , Neb. , March 7. ( Special to The Bee. ) Last night the residence of Mr. and Mrs. John Flelsher was the scene of one of the prettiest weddings In this part of the country for some tlmo , the participants being Mr. George Crawford and Miss Ida Flelsher of this city. The ceremony was performed by Her. Mr. Martin of Grand Island. The bride was attired in a very becoming dress of brown silk. After the ceremony the guests were treated to an excellent wedding breakfast. Those present were : Mr. and Mrs. John Flelsher , Mr. and Mrs. J. W. Modorltt , Mr. and Mrs. G. E. Crawford , Mr. and Mrs. Charles Moderltt , Mr. and Mrs. C. A. Judy , Mr. and Mrs. J. M. Clark , Miss Mary Mahoney , Elmer FlelsherV. ] . H. Flolsher. Mr. and Mrs. Crawford took the evening train for the cast , to be gene for some weeks. Foul I'liiy Suspected. BEATRICE , Neb. , March 7. ( Special Tele gram to The Bee. ) Coroner Fletcher has been called to Cortland to hold an inquest over the body of E. Cressley , who died sud denly and under somewhat peculiar circum stances last Saturday. It Is believed by some of Cressley's neighbors that the old man was put out 6t the way after having been prevailed upon to make a transfer of the title to his farm to a step-son. Since the death occurred the deed has been pre sented for record , and an order has been obtained from the district court restraining tho" register of deeds from reclndlng the same , there being some irregularity In the acknowledgement. It Is not expected that the Inquest will be concluded tonight. O'JfoIll Impeachment Cnsn. O'NniLL , Neb. , March 7. ( Special Tele gram to The Bee. ) In the Sklrring Impeach ment case nothing of Importance occurred today. The entire day was spent in taking testimony , a largo number of witnesses having been examined. It is the opinion among those who have heard the case that the plaintiff has not proven the charges made. The evidence was all in at 5:30 : , and the board adjourned until 9 o'clock tomorrow mornliiK , when the attorneys will make their picas and the supervisors will probably take a vote tomorrow afternoon. Closi-il on H TALMAGE. Nob. , March 7. ( Special Tele gram to The Boo. ) The Central roller mill , owned and operated under the firm name of J. O. Tangeman & Sana , was closed this morning by Sheriff Huborle. A mortgage deed was filed yesterday at Nebraska City to Eccuro a claim of $7SOO against the mill by Becker & Tangoman of this place. This no doubt precipitated attachment proceed ings which wore commenced today by sev eral parties. The liabilities are estimated at $15,000 , and the mill property Is valued at $16,000. u I'nfttmititer Krnlii ( . NEBRASKA CITV , March 7. ( Special Telegram to The Bee. ) Postmaster F. E. Ilelvey today sent his resignation to the department , to take effect April 1. Mr. Helvoy will assume ton secretaryship of the Nebraska Live Stock .Commission company , with headquarters at South Omaha , as soon as relieved. His designation has caused a scramble among democratic aspirants for the place. _ _ _ _ _ _ _ _ _ _ ' York Knterlnlninrnt. YORK , Neb , , March 7. ( Special to The lice. ) The cantata "Roso Maiden" was given tit the Congregational church Monday and Tuesday evenings by the local talent of this city. Sixty voices , under the direction of Prof. J. A. Parks , and accompanied by Mrs. Mnbol Jcfforay. rendered the music to the satisfaction of the moat critical. Old Ho1dl.Tl.aIil to Host. DAVID CITY , March 7. ( Special to The Doe. ) The remains of John I , Nelson , who died at Knoxvllle , 111. , wore burled here to day. The funeral was conducted by the Masonic fraternity , the Grand Army of the Republic acting as escort , the deceased hav ing been a member of the post here a num ber of years ago. Klckrit by n Horse. GRAND ISLAND , March 7. ( Special to The Bee-D. ) A. Rice , living seven miles northeast of Grand Island , was kicked by a horse last evening while loading another animal , The Injury is so serious that It may prove fatal. Tliruo lit u Tlmo. OVERTON , Neb. , March 7. ( Special to The Bee. ) Mrs. Otto Anderson of Logan pro duct gave birth to three handsome baby girla last night , weighing flvo and one-quar to r pounds ouch. llurrUun Hunk Failure. HARRISON , Neb. , March 7. ( Special Telo- gratn to The Bee. ) The doors of the Bank of Harrison wcro closed today , and that In stitution Is now In lh * Tmnds of the State Banking Board. Liabilities about J 1,000 , with resources doable that amount. The depositors will not lose by the failure. SUPREME COURT SYLLABI. Point * 1'iiBic.l on } > y the Court In Deriding C'n m Appealed. Following are the syllabi of the decisions handed down by the mipromo court at Lin coln Tuesday : Ucal against Honey. Error from Fillmore - more county. Reversed. Opinion by Chief Justice NorvnI. Where- plaintiff to an action is desig nated In the pleading and process by the Initials of his Christian name , It Is not error for the court to allow him to amend by In serting his full Christian name. 2. An action should not bo dlxmlssed be cause the plalntlfPa full first name is omitted from the title of the cause , until an opportunity has been given the party to cor rect the defect by amendment , 3. The statute confers no authority upon n Justice of the peace to sign a bill of ex ceptions In an action tried before him with out a Jury , nor can the evidence adduced In such a caeo be reviewed In the district court on petition In error for the purpose of de termining whether It is sufficient to sustain the Judgment , 4. In order to review the question of taxa tion of costs a motion to relax the costs must bo made In the trial court , and a rul ing obtained thereon by that court. Barry against Barry. Error from Dakota county. Affirmed. Opinion by Chief Justice Norval. In case nn appeal Is taken from the county court to the district court , except In mat ters of probate Jurisdiction , the appellant must flic , or cause to ba filed , with the clerk of the district court of the proper county a transcript of the proceedings on or before the thirtieth day after the rendition of the Judgment , and In case such transcript Is not so filed within the thirty days the district court , upon motion of the nppellc , may dis miss the appeal and remand the cause to the county court , to be there proceeded In as If no appeal had been taken. 2. Affidavits used on the hearing of a motion In the district court , to be available In this court , must be Incorporated In a bill of exceptions. RoRgoncatnp against Hargrcavcs ot al. Error from Lancaster county. Affirmed. Opinion by Justice Harrison. The evidence In the case examined and held sufficient to sustain 'the verdict. 2. Objection to an instruction given by the court on Its own motion considered and held , that when taken In connection with an Instruction given at request of de fendant to so present the Issues In the case , that although such Instruction may have been defective and Indefinite Its giving was not prejudicial to the rights of the defendant. 3. Objections to the verdict of the jury In this case considered and held , that the verdict was not so deficient or erroneous In either form or substance as to call for n reversal of the case and that It was proper and correct for the Jury In the case , It being on against the Individual members of a partnership on account for articles of merchandise furnished to the firm , to return a verdict against one defendant or member of the firm alone and that the court did not err in rendering Judgment on such verdict. 4. Objections to the form and terms of a verdict should bo made in the court below at the time of rendition In order to bo available on error to this court. 5. In an action against the Individual mem bers of a partnership on an account for merchandise purporting to have been fur nished to the firm. If the testimony shows that the articles were furnished to one of the persons composing such firm-that the debt sued for was the individual debt of such member or person , a verdict may be returned against such member , and judg ment rendered thereon against him alone. Mollyneaux against Wittenberg et al. Error from Clay county. Reversed and re manded. Opinion by Justice Harrison. Where real estate consisting of certain lots and the buildings thereon is sold , and in the granting portion of the deed conveying the same a clause Is Inserted stating that the property Is not to bo used for hotel pur poses for two ytears ; held , that such re striction as to use of the property bong | a limited one , was valid and not an unreason able restraint of trade In view of the facts developed by the pleadings ( the case having been decided upon the pleadings alone ) , and that such agreement was not within or covered by the prohibitions or provisions of chapter Ula , entitled "Trusts , " Compiled Statutes 1893. 2. "A plaintiff , In replying to new matter sot up In an answer may allege new matter not Inconsistent with the petition consti tuting a defense to such allegations con tained In iho answer. " Cobbey against Knapp , 23 Nebraska , 579. 3' Where a breach , by defendant , of an actually existing contract between plaintiff and defendant Is proven , plaintiff Is entitled to at least nominal damages. 4. The pleadings In the case examined and hold that the court' ' erred In sustaining the . -motion of defendants for Judgment upon the ple-adings and in rendering Judgment for defendants thereon. Aldrlch against Bruss. Error from Nance county. Alfirmed. Opinion by Commissioner Ryan. An appeal from the county court to the district ootirt should be .dismissed upon proper motion when the transcript was not filed within thirty days from the date of the Judgment and no reason Is shown for the delay. Following Maggard against Duyn , 3C Nebraska , 862 ; Barry against Barry , de cided this term. 2. Affidavits used on the hearing o a motion in the district court cannot be con sidered In the supreme court unless em bodied In a bill of exceptions. Following Maggard against Van Duyn , 36 Neb. , 802 : Barry against Barry , decided this term. Slado agalnst'Sweedberg Elevator company. Appeal from Saunders county. Alfirmed. Opinion by Commissioner Ryan. A compromise of honest differences where by a less sum than that claimed has been paid and accepted In full of plaintiff's claim bars the right of plaintiff to insist upon a re covery of the amount originally claimed by him. 2. Where there Is sufficient evidence to justify a finding that there has been an executed compromise of all differences be tween the parties to the action , the Judgment of the trial court will not be reversed. St.Clalr et al. against Scdgwlck et al. Appeal from York county. Affirmed. Opinion by Commissioner lyati. An action against ono in possession of real estate to restrain alleged commissions of waste thereon was properly dismissed when the court found from the proofs that no waste had been contemplated or committed by either of the defendants. 2. Where one has Instituted proceedings to prevent the commission of waste upon real property and for general equitable re. lief , and the defendant In such suit who has pleaded and proved his rightful possession ot certain nursery stock growing on the premises to secure part of the purclwsa price of said stock remaining unpaid ; held , that the court In conformity with the prayer of said defendants answer properly decreed that such nursery stock should bo sold on execution to pay the'amount found remain ing , due. Omaha Street Railway company against Qralg. Error from Douglas county. Affirmed. Opinion by Commissioner Ragan. When a given state of facts Is such that reasonable men may fairly differ upon the question as to whether there was negligence or not , the determination ot the matter Is for the jury ; but where the facts are such that all reasonable men must draw the same conclusion from them , the question of negli gence Is ono of law for the court , G. T. R. Co against Ives , 144 U. S. , 408 ; and authori ties In support of this rule collated In opinion followed. 2. Whether alighting from a moving train constitutes negligence or not Is a fact to bo determined by lha Jury , talcing Into consider ation all the circumstances In evidence In the case. 3. NegllKenco Is a failure to do what rea sonable and prudent 'persons would ordi narily have done under the circumstances and situation , or doing what reasonable and prudent persons , under the existing circum stances , would not have dona. 4. Plaintiff sued the defendant , n. street railway company , for damages for Injuries she alleged she sustained through the negli gence of defendant's servants , while a pas senger on It : ) cars , The car on which plaintiff rode was an open one , having seats crosswise and on either stda a platform on which persons stepped In entering or leaving tha car. At the end of each seat was an up right provided with a handhold. Plaintiff testified that on entering the car she In formed the conductor that she wished to nllghl at COBS street ( If Which ho answered : ' Yes , ma'am , " that \V1ion the car reached the Oasa street crossing Mio rang the bell ; the grlpman applied the brake and brought the car almost to a Btfrr.'rt'.itill ' ; that , thinking It would slop every Instant without using the handhold she stepped on to the platform , preparatory to stcpplng.nn to the street , when the car came to a full stop ; and while In ' that position and 'fceeti by the grip- man , ho released tile brake and sud denly accelerated then car's speed with a Jerk , which throw plaintiff onto the street. Hold , (1. ( ) Whether plaintiff was guilty of contributory negligent In stepping onto the platform of tha car while In motion , and In not using the handholds on the up rights. were questions , of fact for the Jury. (2. ( ) That the jury's finding that plaintiff was thrown from the Ulittform by the cause and In the manner she testified would not be sot aside as not supported by the evidence because wo witnesses testified that she stepped from the platform onto the street ; nor because two witnesses swore there was no sudden acceleration of the speed of the car , and three witnesses swore that they did not observe any. C ° Urt " wish wi"not conflicting , C , ° rtIlln .lnstrucjlo"s Blven by the trial approved ° Ut ' " the ° ) llllon nnd nmi f/'wPrcKslona / ns "slight" negligence and " "slight want of ordinary care" should never bo need In Instructions to Juries as such expressions tend to obscure nnd confuse what should bo stated In plain and concise language. 8. To qualify a person to act as a Juror ho should not only bo unbiased and unpre judiced against all parties to the suit , but he should stand indifferent as to the success of either party thereto ; and a person called as a Juror who testifies that his acquaint ance with ono of the parties will Interfere with his Judgment and finding In the case should bo excused. Hunzlnger against State of Nebraska. Error from Douglas county. Affirmed. Opinion by Commissioner Ragan. The proviso In section 1 , chapter 1 Compiled Statutes 1S93 , that "provided such ( county ) board shall not have power to Issue any license for the sale of any liquors In any city or Incorporated village or within two miles of the same , " Is not obnoxious to any provision of the constitution because the Inhabitants living within two miles of the corporate limits of the cities nnd vil lages of the state , situated In counties not having 150,000 Inhabitants , arc , by such proviso vise , deprived of the privilege of having the sale of llquois licensed within their ter ritory. Pluouler against State , 11 Nebraska , 547 , reaffirmed. 2. The legislature , In the exercise of the police power of the state , may not only con trol the license and sale of Intoxicating liquors therein , but may entirely prohibit such license and sale. 3. The proviso in paid section 1 , In said chapter 1. that "provided In counties having 150,000 Inhabitants , the county commis sioners may also Issue 'licenses within two miles of any city In said county , " Is not obnoxious to section 15 , of article Hi of the constitution as assuming to "regulate county and township offices ; " nor Is slad proviso obnoxious to said constitutional provision as class or special legislation. 4. An act of the legislature will not bo declared special legislation , within the mean ing of the constitution , solely because at the tlmo of Its enactment there was only ono county Jn the state to which Its provisions were applicable. If the law Is general In Its terms and restricted by Its terms to no particular locality , an operation equally upon all of a group of objects , It Is not a special law. McClay 'against City of Lin coln , 32 Nebraska , 412 | ( followed. 5. To an Indictment , for selling liquors In this state without a ifceiiso It Is no defense that such sale was made at a time or place , or under circumstances which rendered the procurement of a license Impossible. Soehl against State. , , Error from Douglas county. Affirmed. 'Opinion by Commis sioner Hasan. ' On authority of Hunzlnger against State , decided at this term , : the judgment in this case Is affirmed. Shannon agaliibt Stale. Error from Doug las county. Affirmed. > ' Opinion by Commis sioner Ragan. On authority of HuiTzinger against State , decided at this term , the judgment In this case Is affirmed. Rowels against State. Error from Douglas county. Affirmed. Opinion by Commis sioner Ragan. On authority of Ilunzlnger against State , decided at this term , the judgment In this case Is affirmed. x. SUED T11KM TO 31USEE. Jtloore ISakcr Turns Over the Tied Whereon II lu AVIfn Wag Murdered. NEW BRUNSWICK , N. J. , March 7. Rep resentatives of a New York museum visited Franklin park .yesterday to secure the bed room effects In the house of Moore Baker , where his wife and child were murdered by Wlllard Thompson and Henry Baker , alias Plcrson , who wore In turn killed by the fren zied husband and father. Mr. Baker , without any show of feeling , took down the bed and crib , rolled up the bed clothes and his wife's night dress and turned over all the articles , together with the axe and shotgun , to the museum representatives . Ho was paid a round sum for the effects. Baker had In tended burning the things , but was prevailed - vailed on not to do so. The scene of the tragedy will be represented with the figures In wax. To Tnlco in the Troy Trouble. ALBANY , March 7. Senator Mullln today Introduced In the senate n resolution provid ing that the senate committee now Investi gating-tho elections In cities shall have their power extended so that the election In Troy and the murder there yesterday may bo in vestigated. 1'KltSOX.ll ] ' .UCAIJCAI'11S. f J. G. Tate of Kearney was at the Mlllard yesterday. S. J. Johnson of Mtnden Is stopping at the Merchants. George Rogers of Lincoln was at the Ar cade yesterday. B. J. Rogers of Grand Island Is registered at the Merchants. W. C. Davis of Lincoln was at the Mer chants yesterday. O. M. Walling of Leigh patronized the Arcade yesterdiy. Alex Johnson of McCook was on Arcade arrival yesterday. C. C. Clapp of Shelby , la. , was at the Mercer yesterday. Q. B. Pollard of Cambridge stopped at the Arcade yesterday. E. A. Mlllay of Springfield stopped at the Arcade yesterday. , J. II. Erford of So yard stopped at the Mlllard yesterday. E. S. Clark of Stamford was a Dcllono guest last evening. S. M. Novtns of jCearney was a Paxton guest last evening , T , F Shecdo of Sojvard patronized the Merchants yesterday. , C. E. Brady of Fullerton stopped at the Merchants yesterday. ) ' F. F. Turner of .Cjiadron registered at the Dellone yesterday , , W , F. Clovlnger oE Alnsworth was an Arcade guest yesterdajf ! ' John S. Hoover of'I uo Hill was a guest at the Mercer yesterday. A. A. Abbott of Grand Island registered at the Paxton yosterdiV , ' ' J. J , Buchanan of'Hastings registered at the Merchants yeste jlay , F. H. Connor of Crete- was among the Paxton arrivals yesterday. Miss Rose Dicker has returned after an extended trip In the south , L. J , Declus of McCool Junction was a Merchants guest yesterday. Griff J. Thomas , wife and son , of Harvard registered at the Paxton yesterday. Clay Lambert of the Ole Olson company registered at the Mercer yesterday. C. W. Pierce and J , M. McClay of Lincoln registered at the Mercer yesterday. E. C. Clapp , president of the Citizens bank of Shelby , la. , was In the city yesterday , S , A. Scrailton and wife of Gothenburg wore registered at the Arcade yesterday , Frank E. Helvey and 0. C. Morton of Ne braska City were stopping at the Arcade yesterday , John Skinner , J , S. Doffer and A , Ras- mussen of Herman wore reglutered at the Arcade yesterday , inn .tvi'KAr ron Threatening Letter Writer Ilctnjnti SeiuM Another Kpl tln to the I'reMdont. BALTIMORE , March 7. Joseph Donjan , who was ( sentenced to eighteen months in the Maryland penitentiary for sending a threatening postal card to Vlco President Stevenson , 1ms written to President Cleve land asking for pardon an follows : "Begging pardon for addressing you BO , but I feel as only ono who Is Innocent can feel. The old question over again why U John Sherman la honest did ho not appear against me , or why was I not tried before the senate ? Now , for Justice's sake read over the letters written by me to the different senators , also to yourself , and say If I was not willing to prove with legal ot'ldenco anything that looked like a charge. I say now cursed bo the hour when I en listed myself In such service. I say cursed bo my own brains for having thought them- nelves more Intelligent than the thought ot the population of the United States , and I say devil do I care how many Crokcrs , Sher mans , etc. , move this country when Intel ligence Is a worse crime than stealing n mil lion. lion."Will I also find nn obliging president that will let mo off when I humble nnd degrade myself so that I am willing to nwear that I shall never try to serve this Godforsaken and sacred bocloty-blessed country of liberty ? I promise to never wrlto a newspaper , or will I otherwise bring myself In the foreground unless It Is to servo my own Interest without disturbing other people. Liberty Is health to mo. Confinement will soon prove my destroyer. I ask mercy. " Ho ieiuest.i | MRr. HntollI to I'rny for HU HulTurlng I'lock In l.epinlo. ; BUFFALO , March 7. Bishop Coxo has written another letter to Mgr. Satolll In which Iff says , the next presidential contest will not turn on silver bills and custom houses and nominations to office. "All signs point to n restoration of the land of Washington to the maxims ot Wash ington and the constitution as he nnd his contemporaries understood It. They have had enough of your gratuitous expositions and too much of the practical commentary upon them furnished by your allies ; by Messrs. Shccan , Hill nnd Maynard , vs the American people. " The bishop then devotes two columns to the discussion ot the Jesuits and closes as follows : "With all my heart I wish you the bless ings of. God It you ore now disposed to reflect upon your great commission as u Christian bishop. Do let our politics and politicians alone and , at least , do pray for your suffer ing flock In Lepanto. That there Is such a flock and that your archbishopric Is not imaginary , I have assumed to bo the case. If It is n reality those ancient canons nnd constitutions ot the church which arc still honored and exemplified in my religion , might Justify an Inquiry. Why do you not reflect that a good shepherd has no right to be absent from his flock so long ? " SHE STAUTII\ ix K i\triordlmry ; Career-of 11 Wonmn of Only Twenty-One Wars. BOSTON , March 7. Mrs. Harriet F. Belcher , the wife of a wealthy Brockton shoe manufacturer , and Ed A. Stiles , a printer who has a wife and several children , were arrested at 47 Myrtle street , where they had been living as man and wife , and In the mu nicipal court were held for the grand jury. The arrest adds another epoch to Mrs. Belcher's phenomenal career. She la a very handsome woman about 21 years of age and was married , when , but 15 yeara old , to C. E. Belcher. Her married life was unhappy and she ran away to this city. She repented and was taken back. A year later she again ran away. She carne to Boston and the life she led has led to the breaking up of three promi nentfamilies , , In Newton and Alston. Soon after she eloped with Head Walter David Roberts of the Hoffman house , New York , and spent $1,500 which she obtained from-her mother.Roberts deserted her In Philadel phia and she came back here. Stiles mot her a short tlmo ago , became Infatuated with her and as a result of numerous quarrels his wife left him and went to her homo at Blng- hamton , N. Y. Since then Stiles has been living with the Belcher woman. Mrs. Belcher's husband and relatives of Mrs. Stiles caused their arrest. KNOWLEDGE Brings comfort and improvement nn tcmte to personal enjoyment when rightly uscu. The many , who live bet ter than others and enjoy life more , with lass expenditure , by more promptly ni. . " the world's best products to the needs of physical being , will attest the value to health of the pure liquid Ir.xativo principles embraced in the remedy , Syrup of Figs. ltd excellence is due to its presenting in the form most acceptable and pleas ant to the taste , the refreshing nnd truly beneficial properties of n perfect lax ative ; effectually civmibing the system , dispelling colds , headaches and fevers and permanently "curing constipation. It has given satisfaction to millions and met with the approval of the medical profession , because it acts on the Kid neys , Liver and Bowels without weak ening them and it is perfectly free from every objectionable substance. Syrup of Figs is for sale by all drug gists in OOc andSl bottles , but it is man ufactured by the California Fig Syrup Co. only , whose name is printed on every package , also the name , Syrup of Figs , and being well informed , you will not accept nny substitute if ofl'erod. SEARLES & SEARLES , SPECIALISTS TUKA'IMI M' Hi .UAIL. C'uimimutluu I'reo. AND PRIMTS DISEASES Call on or aodreaa with utninp for circular ! Kico book , rec lpu and nyniptom blanks. Dr , Searles and Searles , Flrit Btalrway outl > of po t office , lloom ,1 Omaha , Nebraika. VoULDLSICE. TO LIVE IH THE SOLD BYALL GROCERS. MADE ONLY BY We have received a quantity of fine Checks and Damask effects in China Malting that will be opened for early spring lower than ever offered. You can cover a rocTm for the least bit of money and have a most desirable effect. The prices begin at lOc a yard for a qual ity not bad. We have the Japanese Rugs , too , that finishes the effect. Call and see them. Pi JU. 1414-16-18 Douglas Street Oma.lia. , Net ) . t 1 Have you visited our Drapery - s pery Department on second floor ? \iiHiu-is'jua ] ) hi tlm treat , ment ot all Chronic , Prlvnto rin'l Norvius Dlsnasqs. Wrltu our consult with at MII > , toe pir- tlculira. which will t > cent In plnln envelope , 1' . O. llox C34 , Olllno US H. Uth at. , Oiimliu , Neb , Easily , Quickly , Permanently Restored. NrrvotimirnH , Itillliy ; , ami all llio train of cvlht from cai ly crrnra ur IntcrcxcthSfg. tliori'fciiltBof opmcut ami tonog'l\en to every orpin anil portion of tliolMxly. Hluime.nat- utal methods , liniuodl. jUo Improvement ncn. ImposBlulo. i.OTO inferences. Hook , explanation ami proofs mulled ( scaled ) free. ERIE MEDICAL CO , , Buffalo , N.Y , A = FAIR PRICE PAID FOR GOOD Dental Work Janm'ur ilonr whoa dona by a competent mm Go to DK. R. W. BAILEY , . A Graduated dentist of experlenrai plac youoteetli In lit * cure nnd the will bo coincl. entlouBly cared for , Odlco , 3rd floor 1'axtoo Clock , Tele-phono 1035 , THE ALOE & TENFOLD CO , 1408 Farnam Street , Retail Druggists and purveyors of Medical Supplies. Invalid Chairs , Supporters , Atomizers , Sponges , Batteries , Water Bottles , Rupture 3 i ? i I Satisfaction guaranteed. All the latest improved Trusses. THE ALOE & PEHFOLD CO , 1408 Favnani St Oppoilto I'uxton llotol , CIS YfiUMF nFTEEiroAva. 1 will send I1 IIKM to any inan , tha pri'DcrliUlon of u nuw uiiilv ] io liivt < remedy toi'iilaiiti'Hiiiiill , ' w nk oi-niuis , nnd Hiiro ou-o for nil In yiiuiijt or old 111111. ( 'mo * rimes ol I < < int Miiiilnio.j , Kiiil * ioiiH mill Vurlrorilu In l.ldiiyH ; lUsoabo nnvar ri'lliriiB. Corn'niiond' oncii iirlviitu. All Inttnrx unit In iiliilu nrnltd ilivuloiu. ) [ AiiIr | < wH , T. < ! . IIAU.SlCS , Lock llox aiiO , Kotva Dealer , HIur liull , JUlclt ,