CZAR OF ALL THE JURORS
Judge Ecott Undertakes to Amuse Himself
in a How Manner ,
RED TAPE OFFENSIVE TO OTHER JUDGES
Other JuflRC * Indlgimitt , Imt Talk Only
I'rlTBtdy MacUonnld Garlmgo Contract
Knocked Out-Mr. Hitchcock Got *
Off on n Technicality.
While It Is not known to the general
public , It 13 apparent to all who are on tho'
inside that thcro la a good sized war cloud
hanging IU dark folds over the affairs of
the law division of the district court end
that cro long the storm will break In nil Its
fury upon tho. head of one Cunningham R.
Scott , the judge who presides In room No. 1 ,
better known as the criminal section.
From the beginning of the history of
courts In Douglas county , It has been the
custom for all jurors "who were * not engaged
on cases on trial to congregate In the largo
court room , known as No. 1 , or loiter abont
the corridors of the court house until called
for duty In some of'the rooms. For years
all of the bailiffs have enjoyed the simo
rights and privileges , while the dork of the
district has been clothed with some power In
the way of dalllng jurors , but suddenly all of
these officials find themselves shorn ot their
authority and claim that they must bow the
knee to the czar of the criminal court and
his bailiff , who , It la claimed , have taken
upon themselves the task of practically run
ning the whole of the jury nfllalrs pertaining
to the five law courts of the county. In the
olden times , and In fact until a few days
ago , It has been the custom for the bailiffs
In all of the law courts to go to the clerk
and notify him when a jury was wanted for
tha trial of a cause. Armed with this In
formation , the clerk uould go Into the corridor
rider of the building and cry out the fact
that all of the jurors on duty would report In
a certain room , naming the place. When
the jurors heard this cry of the clerk they
would remove from the rooms where they
happened to bo , or from the corridor , If they
were waiting there , to file place designated.
IJut within the last few , days this has been
all changed , and Instead * of the court officers
and jurors walking about .with their former
freedom , they slide along as quietly as they
uould If they were a lot of men going out
to scuttle a ship. "
Some daya ago this man Scott took th6
jury system Into his own hands , and he nnd
his bailiff , Mr. Savage , have brought t ll of
the other officials to time , completely farcing
them Into line. Now the clerk Is afraid to
go Into the corridors and call a jury to re
port In rihy particular room , ' and the other
bailiffs arc a/raid to speak above a , whisper ,
without first getting the permission of Scott
or his bailiff. In fact , If a jury Is desired
by any of the judges , other than Scott , a
ball of red tape long enough to reach around
the court house must first be unwound. The
plan of getting the Jury Is simply this : For
Instance , a Jury li wanted by Judge Keysor.
Ills bailiff goes Into the ofllco of the clerk
of thq court , where he tells that gentleman
the fact. Moores , Instead of going out Into
the corridor nnd using his lungs In designat
ing the room In which the men are wanted ,
ns has been the custom for years , like n
phantom slides In to Scott's room , whore ho
bends the knee to the officious bailiff , Inform
ing that Individual that a jury Is needed In
the room presided over by Judge
Koysor. . If the request meets with
the approval of , this bailiff , ho
approaches his lord and master and before
him In a fawning manner'whlspcrs that a
jury Is desired in Judge Keysor's 'room.
When Scott gets around * to } it he nods as
sent to .Ills man , _ who Informs the jurors
In thp ropm "that 'th < ; y ftroPwan'ted In ( Judge
Keysor'u court , . .They1 fUoi'mtf of the room ,
but the'jurdrs , who hppnorc-'tOibe m Ufa corridors
riders of thdbulldlnfiar..tn : : some o the other
court rp'diu91'llateiilns Ifri'tlid' cases orf trial ,
have no know ledge of Tvhat la going on , and
for this reason they are frequently jerked
up on a capias , charged With be jug absent.
However , when the facts- are madd known
to the judge before whom "they Are called
they are promptly released , without being
fined. v * "
There are sevdral of the law judges who
ore thoroughly disgusted , , .with the course
pursued by Scott , but they refuse to talk , as
they da notwant to become mixed up In a
judicial scandal. Ono of them In tllscuss-
Ing the matter yesterday sa'ld that a great
deal of tlmo Was lost each day by the
methods ; pursued by Scott , and if It were
not for making a show of the dlstilct bench
ho would go Into Scott'sroom , and tell him
just what ho thought.
: OI5CIDEU.
Hold tlnit the Council If ml No Right to
( Initit tin Kxclimlvo I'niiiclilso.
Tbo famous garbage suit has been disposed
of TO far as the district court Is concerned ,
nnd the contract granted by the city council ,
giving Alexander MacDonald an exclusive
franchise for the perjod of ten years , has
been declared void by Judge Ferguson of the
equity section of the courts.
Some months ago the city council decided
that the city was In need of a better plan
for disposing of the garbage and offal , de-
clarlug that the filth should bo removed
from the city , Instead of being deposited
at the Jones and Davenport street dumps.
At that time MacDonald appeared upon the
scene , coming from some little town in Iowa ,
where he was running on oloctr'c light plant
for S. L. Wiley of this city. Shortly after
his arrival an ordinance found Its way Into
the city council providing for the disposition
of the garbage and the settling of the dump-
Jug question. In other words , for the sum
of $240 per year MacDonald was given the
exclusive right to handle the garbage of
the city for the period of ten years , appoint
ing the collectors , night sellers and having
absolute control. About this time there
came reports that MacDonald's men were
dumping the offal Into sewer catch basins
and upon vacant lots within the city limits ,
but before an Investigation ot this wan had
Henry Coombes and a number of other
citizens jumped Into the arena , securing an
injunction restraining MacDonald from in
terfering with their business. At the same
tlmo there were numerous affidavits filed
charging fraud , bribery , connivance and
many other Irregularities. Coombes asked
for a hearing and also that the franchise bo
declared void , alleging that on account of
being -exclusive It was against the Interests
ot public policy. He went Into the question
ot the value of the franchise and showed by
the affidavits ot numerous parties that at
fair prices the franchise nas worth fully
$200,000 for the ten years , while the city
was receiving but $2,400 for the full time.
The case was argued In all of Its legal
phases and taken under advisement by
f-dgo Ferguson , who yesterday handed down
'tho opinion. In passing upon the questions In
volved the court said that but a few weeks
ago he had decided the Kmlloy case , In
which practically the same questions were
ratted , and that In that case he had held
with the plaintiff , who had applied far an
injunction.
Coombes , the court said , aiked that the
Contract bo declared void on account ot cer
tain corrupt Inlluences exercised over cer
tain members of the city council. That
question , the judge said , was not one that
need bo considered , a * tncro were other
points ut Issue , It being claimed that on ac
count of the , franchise being exclusive to
MacDonald , It was against public Interoits
and against public policy. In summing up
the case the judge said that he was satis-
fled that It was a , violation of law for a
municipal body to grant an exclusive fran
chise to any person or corporation , as such
a franchise was a thing In which Ihe pub-
llo had a right to be heard before It could
bo told or given away.
Regarding the other garbage men , Judga
Ferguson said that he would hold that they
were all on an equality with MacDonald.
and had the same right to collect , haul and
dlipoao ot garbage and other offal so long
as they performed their labor In accordance
with the rules and restrictions of the Board
ot Health ot the city.
Attorneys for MacDoiald | art * ! that the
amount of the superieueaa bond bo fixed ,
< u they Intended appealing to the supreme
court for a. final decision of the caio , that
it might be settled for alt time to come.
This order was made , after which Judge
Ferguson Issued a mandatory order com-
palling the Board ot Health to locate a
dumping ground at aoni * Bolnt not exceed-
Ing three ml'oj ' from tbo city limit ) , ono
Uut could be u e < l alike by all parties who
might desire to engage in the work of haulIng -
Ing garbage. _ _ _ _ _ _ _ _ _ _
HOMKTHINO IN A AMK.
Kdltor llltchcoek'i Kucnpn on n Technical
KlilatlTO lirror.
Gilbert M. Hitchcock ha * been acquitted.
and for this ho thanks Cunningham R. Scot
for the construction which that gentleman
has placed upon the law governing the pub
lication of lottery advertisements.
For months Mr. Hitchcock has been pub
lishing the prize lists and monthly drawings
of a well known southern lottery In his
paper. Some tlmo ago the county attorney
filed nn Information against the publisher
and the case went up to the district court
when Mr. Hitchcock demurred to the Infer
mation. This was what the county attorney
expected , and ho was prepared to moot the
Issues on that line , but ho was knocked off
his pins the other day when the attorney for
Hitchcock withdrew his demurrer and gave
out that the case was to bo fought on Its
merits. County Attorney Kaley did not
think Hitchcock was Intending to do any
thing of the kind , as ho was pretty sure that
the editor of the down the
street paper had been given a
hunch , but just what the hunch was
and where It came from the county attorney
could not say.
Yesterday the case against Hitchcock was
put on trial before Scott , and proof Intro
duced , showing the publication , that dllber
was the responsible head of the paper am
that ho had full knowledge that the publl
cations were being made. In fact , Mr
Kaloy was of the opinion that ho had a good
case and labored under that belief until to
day , when his hopes ot conviction took a
tumble.
This morning when the court convened
Hitchcock Introduced Just enough testimony
to make a showing , after which Judge Scott
took the case Into his own hands and In-
strifctcd the Jury tt > return a verdict of not
guilty , holding that the law making It a
crime to punish for the publication of lot
tery advertisements was unconstitutional
In doing so ho cited the statutes In which
the legislators amended" tno old law. In
amending the laws , he showed that the law
makers had used the words : "An act amend
ing the complied statutes/ ' when they should
have said : "An act amending the consoli
dated statutes. " The holding of the court
was to the effect that this erroneous amendIng -
Ing had destroyed the force of the entire
law governing such publications.
Court
The South Omaha case , brought for the
purpose of determining the class of the
city , was om kfor hearing before Judge
Ferguson yesterday. The arguments were
mndo and all matters pertaining to the
Issues taken under advisement.
In the case of Hoffman againstCoffman' ,
brought on account of personal Injuries
alleged to have been sustained by reasoti
of the collision of a couple of loams , the
Jury In Judge Hopewell's court yesterday
returned a verdlc $ , finding for the defendant.
Flora Leigh has asked the courts for a
separation from her husband , Albert , whom
she alleges Is a cruel and brutal man. Be
sides wanting the decree she wants a slice
of alimony. She says that Albert labiirs
and gets a salary of $60 per month , $20 of
which amount she avers snonid bo given to
her each nnd every month , pending the
determination of the suit.
John F. Hoclc has sued the Omaha BrewIng -
Ing association In an action to restrain the
company from selling the spent malt from
the brewery. He alleges that ono year ago
ho contracted for all of the output and that
ho now relics upon the same In order to
feed 500 head of cattle. < He further states
tl-at thereIs a scheme being contemplated
to get this malt away from him.
WANTS TO TRY IT ALONE.
Oregon Hallway & Navigation Company
WU1 Ak for Semruto Kccoltcrshlp.
From prlyatqi sources in 'nowlsoi ' connected
with the Union Pacific It Is learned that a
bill for p. separate receivership will be filed
by the bondholders of Uu > Oregon Railway
& Navigation company Juno 15 nt Portland ,
the December Interest being In default July
1. The Union Pacific people have , however ,
Indicated that they will not be able to pay
the Interest on account of the reduced state
of the treasury , and the action contem
plated Is pretty generally understood In
New York. , "J
What effect this segregation of' a largo
portion of the Union Pacific system will
have on the system as a whole Is some
what problematical , although It Is thought
that close traffic arrangements bjtw&en the
Oregon Railway & Navigation company will
bo made. Should the receiver -appointed
as outlined above , the Union Pacific- - system
will terminate at Huntingdon. Last year ,
from January 1 to December 31 , the net
earnings of the rail lines of the Oregon
Railway & Navigation company amounted
to $855,039.22 , with taxes deducted , as
against $1,304,297.76 rail earnings In 1892.
The steamship earnings In 1893 showed a
deficit of $61,209 , against $113,634 98 In 1892.
It Is this line which permits the Union
Pacific to enter Portland and the northwest ,
and Is vitally essential to the Union Pacific
as a feeder , paralleling , as It docs , the
Great Northern , which has been a bitter
rival of the Oregon Railway & Navigation
company over since the construction of Jim
Hill's road.
_
Quiet In the East Also.
Mr. George W. Loomls , chief clerk to
General Manager Holdrege of the Burling
ton , returned yesterday from New York.
Speaking of the situation in the cast Mr.
Loomls said that so far as he could see Now
York was as hard hit as Nebraska. That
while there were thousands of people on the
streets In Gotham , they were not buyers ,
and the merchants complained bitterly of
demoralization In business. "And what Is
worse , there Is little prospect of any bright
ening until congress docs something toward
passing the tariff bill , the present unset
tled condition of affairs being largely trace
able to the uncertainty as to what the ulti
mate outcome of the bill will be. The east
has been blessed with good rains , but Ne
braska and Kansas ore suffering for water.
There la little that Is hopeful In the rail
road situation , but with anything llko a
fair crop I am ot the opinion that times will
bo better In the fall.
lirlnglnj ; Sunday Croml * .
The Union Pacific and Rock Island will
be In the excursion business today with
both feet , Indications being that Omaha , the
baseball park and Courtland Beach will be
overrun with ruralltos who will avail them
selves of the < ! heap round trip rates made
by thess two roads and come to the Nebraska
metropolis for an outing. The Union Pacific
will run special trains from Kearney , Grand
Island , Columbus and Stromsburg , 1,465
tickets already having been sold along the
Union Pacific. The Rock Island reports shdw
that at least COO people will take advantage
of the day and will flock Into Omaha from
Falrbury and intermediate points.
In the l'loo < led lllitrlct.
"Yesterday the Union Pacific began
traniferrlng passengers to Portland by boat
from Umatllla. thence to The Dalles by team
and from the latter point by boat into Port
land. Advices received at headquarters
state that the work of transfer Is meeting
with satisfaction on the part of passengers ,
many of whom have been compelled to ro-
maln at Umatllla for several days , or ever
since the Columbia and tno Snake rivers
overflowed their banks.
There Is no diminution In tbo volume of
Water about PcrtUnd , and a tmall rise Is
still , predicted before the river begins to
recede , '
Itulhruy Notes.
The Burlington will run an excursion to
Burlington Beach , Lincoln , Sunday , Juno
10 , th train leaving Omaha at 9:30 : a. m.
The following circular was posted on the
bulletin board at Union Pacific headquarters
Friday : "The receivers ot Ihe Union Pa
cific & Denver having assumed the operation
ot trains to and from Denver via the Jules-
burg ; branch it U hereby announced that
annual , time and trip' passes ot the Union
Pacific system will not ba accepted on trains
running via that route on and after June 1 ,
1801. and that puses ot Union Pacific , Denver
& Quit Issue -will thereafter bo required be
tween Juleiburg and Denver. "
Fine boating & bathing , Courtlani Beach.
HINTS AT BROWN'S ' GUILT
Ooronor'a ' Jury Asks That Ho Bo Helt
Fending Further Examination ,
RESULT OF THE MAUD RUBEL INQUEST
Testimony Urlng * out Nothing at Impor
tance that Han Not Already Ilocii
I'ubllshiMl-M'rlsoncr Not
fen
on the Stand ,
The coroner's Jury , Impaneled to Investi
gate the death ot Maud Rube ) , met at the
'
morgue at 10 o'clock yesterday. Jury
man W. T. Brandon sent word that Ke was
III , and the coroner put L. P. Woolworth
In the vacant Jury chair.
Mr , and Mrs. Rubel wern present and oc
cupied scats directly behind the witness
chair. Chief of Police Scavey and Captain
Mostyn were also present. Assistant County
Attorney Day appeared for the State , and
George Jeffries looked after Dr. Brown's
Interests.
Mr. Maul called Dr. Chadwlck ns the first
witness. The physician stated that ho had
held a postmortem on the body of Maud
Rubel. Ho described the condition ot the
body as ho found It at the time of the
autopsy. Blood was found on the left side
of the head , Just above the car , and a quan
tity on the Inner side of the lower limbs.
The organs of the cheat were healthy , as
were also the organs of the abdomen.
Further Investigation showed conclusively
that a criminal assault had not been at
tempted. The skull of the girl was a little
thinner than usual , and the blood telot
showed that she had been struck with some
thing soft , a sand bag or a pleco of lead
wrapped In a cloth. There was no fracture
of the skull. When examined the brain
was mushy. The hair , face , eyes and nose
wore full of maggots.
The doctor thought that the woman had
been dead for four or five days. He gave ,
the cause of death aa concussion of the
brain. When the brain , wns examined there
\vos evidence of the formation of a false
membrane on the left side ot the head and
In the physician's opinion the woman lived
a few hour ? after being struck.
As the head was so badly swollen It was
Impossible to locate any bruises on the
scalp. Dr. Chadwlck did not think that a
wound llko that on the head could have
boon caused by falling against a plaster
wall such as Is In the room where the body
was found.
found.MRS.
MRS. HESS' EVIDENCE.
Mrs. Ida Hess , who lives at Twenty-third
nnd G streets , South Omaha , said that she
had known 'Maud Rubel for two years , but
had known the parents since she was a
cl lid. This witness said that she last saw
the dead girl about 7:15 : Saturday evening
last. Maud and the witness had spent the
afternoon at Courtland beach. They saw
Dr. Brown and talked with him for a
moment In a general way. Witness sold
she was with Miss Rubel all the afternoon ,
except for a few moments. When she was
ready to start home Maud was talking to
Paddy Murray , a South Omaha barber. Mrs.
Hess said she went on homo and later on
saw Maud and the barber pass on a
car. They were going south and she was
just coming out of a grocery store.
Witness said she had been to Brown's
office with Maud perhaps half a dozen times.
Maud seldom stayed over fifteen minutes'
She said she was having her throat treated.
The- first she know that the girl had gone
was when Mrs. Rubel came to her house
last Sunday morning looking for Maud.
'Maud never spoke of leaving home , "
said Mrs. Hesa , "but she was'always talk
ing about Dr. Putnam and said she was
going to marry , him. That he wouldbe
back here in June or July and that sh >
was making her 'wedding clothes. " .
Witness said ) that Maud frequently vis
ited a "Tiny" Stevens , who used to live on
Tenth street under the viaduct. Mrs. Hess
was then excused until 2 o'clock.
Police Officer Edward Heelan told 'the jury
about finding the body. His testimony was
the same as his statements already made 'In
these columns.
W. P. Whltfleld , night clerk at the State
hotel on Douglas street , near Thirteenth
street , testified that he had known Brown
about a week. Tuesday evening last Brown
registered at the State hotel , nnd remarked
to the witness , ' "Pleaso note the tlmo I
registered , as you may be called as a'wit
ness In an Important case. " The clerk noted
the tlmo of the remark ; It was 9:50 : p. m.
Brown played cards until about 1 o'clock
and then went to bed. Brown stopped at
the hotel again Wednesday evening and did
not retire until after midnight. He told wit
ness that he had been out all day with the
Grand Army men , and displayed a badge of
that order.
TALKED "WITH THE DOCTOR.
Mr. F. W. Wilkinson , a guest of the State
hotel , said that ho had met Brown Tuesday
evening and that they played whist In a
room at the house.
. Wednesday evening an
other game was played. Witness then re
lated the following account of his conversa
tion with Brown : "I noticed Brown did not
play with his usual vim , and Jokingly I told
him of it. Ho did not seem to take offense ,
but as the game were on ho evinced less
desire to continue. I though my remarks
might have caused him to feel slightly hurt ,
so after a game or two I Invited him to go
over to Prince's garden and get
? f bcer' He accepted.
wnllo there ho said to me , 'I suppose you
have seen the piece in The Bee concerning
the disappearance of Miss Rubel. ' I told him
I had , and he said , 'You saw the name of Dr
Brown In it1 I had seen the name , but had
not at that time any Idea It was the man
to whom I was speaking. 'Well. ' ho said ,
'I II tell you something , but It must be be
tween you and me. ' He then narrated his ,
acquaintance with tho'girl. . He appeared
somewhat III at ease while talking to me. I
was greatly surprised to know It was he and
told him that of course I would hold noth
ing against him on that account. He told
mo he had treated the girl for throat ,
trouble , and later for a venereal disease.
He said he treated her under protest , and
had even paid out money of his own to pur
chase the medicine- she needed. This he told
mo privately , and greatly desired It should
go no further. When he had finished I
asked Brown where the girt was , and he
told me he did not know. Ho said he bad
tired of her and that Dr. Putnam had shook
her because he was tired of her. "
Special Police Officer Morris Fleming
whose statement was nrlnted exclusively In
The Bee yesterday , was next called to
the stand. Witness said he Is stationed at
the union depot.
Monday evening he was
off duty , and In going up town crossed the
tracks underneath the viaduct. He saw
Brown standing In the1 hallway at the nlace
where the girl wai found. Brown appeared
to be talking to some one up stalra. Wit
nessed passed on. but thought It strange
that any ono should be there , as the block
had been vacant for a long time. '
Fleming said that he had called at'the
jail and seen Brown and , declared that he
is the same person whom tie saw Monday ;
evening. * '
William Welbarsouck. a lodging j house/
lTp ' , , ? . that ho went d ( > wn to look at' ' "
the building with an Idea of ranting It. Ho '
noticed a foul odor , and notified the police.
The forenoon session then closed.
At the afternoon session II. E. 'Wheelocfe
was the first witness. Ho said that about' D1
oclock Sunday morning he saw Maud Uubel' '
standing In a window at 510 % South Tenth' '
street , She was fully dressed , and had on'
lomo of the clothes produced at the Inquest. '
n a conversation with Brown Just after "the *
disappearance of the girl. Brown had told
he witness that he was a pretty good crlm-
nal lawyer , and that the "bobbies" could not
catch him ,
MRS. STEEN'S TESTIMONY.
Mr . Steen , who runs the Jodglng house
at 610H South Tenth street , said Ihat'ahV
cnew Brown. Maud Itnbel called to see-
Brown frequently , About a week ago Brown' '
ordered her not to admit the girl if she
called , as he aald she was a nuisance. Ho
oald : "If she calls , tell her I have gone into
he country. "
"La t Sunday morning , " cald Mrs. Steen. '
'the girl called early , about 8 o'clock I
old her she could go up to BrownV
room. She did no , but found him out. Then
she left her packages ot clothes In hU room.
When Drown came In he laughed and ad
mitted that he recognized the bundle.
Mr . W. Graham , who claims to lire lu .
thn Bluffs , testified Qiatnftho started a
shooting gallery at CotUltond beach and
took Brown In , as she mMled aomo ono to
load and Glenn the guns. Last Saturday
evening Brown appearfdJTnxlous to leave
and started away from the beach about
8:30 : o'clock. Ho appeared nervous. Be
tween 3 and 4 o'clocR Sunday afternoon
Drs. Senrles & Soarlua ncilled on Brown
nt the shooting gallery , nnd the trio had a
half hour's conversation. .nFrom that time
on Brown "Was nervou iuiJ excited. Wit
ness said that Mrs. Hrsjjcnme to the gal
lery Monday noon and naked for Brown.
She appeared greatly exqUed. She said that
she was sure Brown kn.f.wwhoro , Maud was
and that Mr. nnd Mrs | Hitbel were nearly
croxy. Brown came oto , the gallery late
In the afternoon , but vljdj not stay long.
Witness said she did not suspect anything
wrong , because she thought Brown wag
a nice old man.
On cross-examination Mrs. Graham said
that on Thursday Viftcrnoon she upbraided
Brown for being mixed up with girls , and
ho said : "That girl will never toll
nothing. " Witness said she fired Brown be
cause she was afraid his notoriety In the
Rubel case would hurt business at the
shooting galleryj
Police Officer B. S. Dnimmy told about
meeting Mr. and Mrs. Rubel on Tenth street
last Sunday evening. They asked him to
direct them to 814 South Tenth street. After
giving the directions Drummy remembered
that the block was vacant and Inquired who
they werp looking for. The couple said Dr.
Brown and the officer sent them to Brown's
rooms.
On Monday evening Drummy mot Rubol
again. He was looking for . .his daughter.
Tuesday noon the officer saw and talked to
Brown. The latter complained about The
Bee story regarding the disappearance of the '
girl and said that ho had been misrepre
sented.
FATHER ON THE STAND.
John W. Rubel , Uio father of the dead grl | ,
took the stand and told what ho knew about
the case. Ho admitted having kept the girl
rather close. For sovbral months Maud
had been talking about marrying Dr. Put
nam and the parents were anxious to soothe
the man. Maud always Insisted that Put
nam was out of town. The girl told her
parents that she was being treated for a
goitre , and when she was away they sup
posed she was taking treatment.
' "Wo caught her In a false statement last ,
Saturday night , " said Mr. Rubel , "and I i
think that was the cause ot her leaving'
home. She knew that-we had found out
her wrong-doings. " The letters left by Uie !
girl were shown to the Jury. These notes all J
referred to her going aouth to marry Dr. 5
Putnam. On both the notes left by Maud
was the line , "Miss Nada Montgomery. St.
Louis , Mo. " While the notes were written
with a pencil the name was. In Ink.
Police Captain Patrick Mostyn told the
Jury the story of the crime and of the efforts
of the police to find the guilty parties ,
At the conclusion of the testimony the
jury took the matter under advisement. A
verdict of death by vlolpnce was returned
and also a recommendation that Dr. Brown
bo held for further examination.
Would Not Slurry.
All sorts ot theories have been advanced
In South Omaha as to the mysterious death
of Maud Rubel. One young man who was
with her on Saturday evening gives , some
new Information on the mysterious affair : '
"I was with Maude , ' ' , slild he , "Saturday
afternoon and evening1. J.met her out at
Courtland beach. She was1 with Mrs. Hess.
I talked with her qutfA .a"whlle out there
and wo came to' South , Ofpaha together On
the motor. Mrs. Hess1 w-as sitting In the
seat behind us on the csf. Although I had
seen the girl on the street-Jn South Omaha
I had never formed ht * acquaintance until
that day. She told mcTthat she had about
made up her mind to. eavg home. I asked
her , whV nnd she sold her parents wanted
her to marry n very old "man simply because
he had'lots of money.-5.'I -would rather' tile
than towear out ' my lite with an old'geeser
like him' , were'tho. . ertatiU words the girl
used. She acted str'angeJy''to me , and I
would sooner belleVe 1 thai -she committed
suicide than anythlng'Jelse. A At the bench
Maude appeared t&sbo intile bast of spirits ,
but when we.ilwero alftie-'i3hefiitakedlas ]
though'she was dissatisfied : with her lot and
wanted to go awajvI remarked that I
was soon going to leav'o foV California , and
she Implored me to ta'ke her along. At that
time I do not bellevo"shc had made up h'er
mind to leave IjQtne on Sunday morning , for
she madp a date to meet me Sunda'y afternoon.
I was to'pass the house and she was to give
me the signal at her window at what hour
we would meet by her holding up fingers for
the hour she could get out. "
Mrs. ' Hess dented that she came to Omaha
on the same car with Maude Saturday night.
While there has been no evidence developed
to connect Mrs. Hess with the sad affair
the woman has been severely criticised for
running around to public places with the
child and carrying on In the manner she
did. Mrs. Hess Is married and old enough
to bo Maud's mother , still they were chums.
Payne XVus .Scared.
Sam Payne , the colored man who formerly
occupied the rooms at 806 South Tenth
street , said Friday that he gave up hs (
rooms a couple of weeks ago. A brilliant
youth on nn alleged newspaper hunted
Payne up and told him that the police
wanted him for murder. Payne Jumped his
Job at on.ce , and now every policeman In
town is looking for him.
Letter * to 'tha Coroner.
Coroner Maul has received two letters , one
anonymous , affirming that Brown is not
guilty , ntll nhother , signed , Intimating that
Drown is guilty. The last letter the coroner
would not allow to be neon , but eayi It Is
highly Important.
From Mr. Thorpe , who rooms nt Mrs.
Steen's , It IS learned that on Wednesday
afternoon Brown went to the house and
changed his clothes. Brown's trunks wrre
last night taken from Mrs. Chambers' to
the police station , and the contents wilt bo
examined today.
lllllou * Colic.
Those who are subject to attacks ot this
disease will be Interested In the experience
of Mrs. F. Butler ot 22 Flllmoru street.
Falrhaven. Conn , She cays : "I suffered for
weeks vrlth colic and pains In my stomach ,
caused by biliousness. One-halt tcaspoonful
of Chamberlain's Chollc , Cholera nnd Dlar-
rhoen remedy effected a cure. For sale by
all druggists.
Two daring balloon ascensions today ,
afternoon and evening , at Courtland Beach.
AFFAIRS AT SOUTH OMAHA.
Committee * Apitolntetl to Arrange for the
Fourth of July Olrtiratlon ,
The executive committee of fifteen met at
The Bee office In the Singer block last night
and talked over the program for the Fourth
of July celebration "for an hour. All were
enthusiastic In getting up a first-class pro
gram , nnd It is now n settled fact that
South Omaha will celebrate Independence
day. The following committees were ap
pointed :
Finance J. Jaskalek , IM Johnston , E. J.
Seykora , John Rltchhart and Joe Kopetz.
Speeches J. M. Tanner and E. 0. May-
field.
field.Grounds
Grounds John Flynn , G. W. Dare , Denny
Alberry , Ed Johnston and F. A. Cressey.
Music John Franek , J. C. Carley , John
Strangler , James Smith and J. M. Tanner.
Sports James II. Bulla , John Fallen ,
James P. Hoyes , Thomas Hector , Thomas
.Flynn , Al Geary , H. E. Wilson. Harry
Christie , Patrick Quinn , C. W. Miller and
Lew Blanchard.
Parade W. B. Cheek , Fred M. Smith and
E. J. Seykora.
Printing James Hall , George Dorn , Frank
Broadwell and John Rltchhart.
Transportation Frank Broadwell , J. S.
Walters and Joseph Kopetz.
The president of the day will be Mayor
Ed Tt Jahnitom Marshals of the ( lay , i
Thomas Hector , Captnin William Kelley , <
Bruce McCtillough , J. W. Cress , J. W. Egger ,
J. H. Bulla , Captain Cockerell , E. O. Mayfield -
field , M. F. IJIanclmrd , Fred Ette , C. C.
Stanley and J , W. Snlveley ; vlco presidents ,
Richard Carpenter , Papllllon ; William Bell.i
Falrvlcw precinct ; H. Leflcr , Springfield ;
George Sautter , Richfield ; George lllngo , '
Springfield ; John Q. Goss. Bellevuc ; John'
O'Lary , La Platte ; Hugh McCarty , Gllmore ;
George Becker , Falrvlew ; Arthur Spearman ,
Springfield ; Richard Daniels , Gtlmore ;
Phillip Zewlebel ; Papllllon , nil of Sarpy !
county ; Major Davis , South Omaha ; Oscar' '
Plcard , Omaha ; Pierce Ryan , Mlllard ; C. M. |
Hunt , Frank Persons , Frank Plvonka , Frank ,
Humpfert , Rudolph Hartz , John Burke , B. '
Jotter , Jacob Eggcrs and C. A. Melcher.
Another meeting will be held at the coun
cil chamber next Thursday evening at 8
o'clock.
Carlnton'x Summer Opera.
The season of summer opera which the
Cnrleton Opera company will bring to a
close Tuesday night has been unprofitable
from a business point of view , although the
newspapers have given all the aid possible
to further the project along , there being n
certain local pride In having enterprises new
to the west encouraged. Artistically the
performances have been upon a fairly good
plane , the work of the chorus and some of
the principals being excellent. Wliether the
.failure Is due to the unpopularity of the
manager of the company or the general busi
ness depression is a much mooted question.
But the climax waa reached Friday night ,
when Mr. Carleton , as the guest of Dohany's
theater , Council Bluffs , BO far forgot his dig
nity and the former position he held , to In-
terrnpt the. , performance of "Lady Wtnder-
inerp's Fan" by- , loud and. boisterous talk ,
coupled with profanity that made these In
His vicinity close "th'elr ears , and only the
threat of'police'ejectment ' caused the mana
ger of the Carletons to withdraw , to the
intense satisfaction of the audience and
-players. 'So thoroughly disgusted were the
peoplft of both cities represented in the
audience that Mr. Carleton will probably
realize that he should postpone his next visit
to Omaha as long as possible.
Courtland Beach Is a cool , delightful place
to spend Sunday.
Kl ned In Court.
The case of shooting with Intent to kill
Aurora McCHntock against J. E. Shearer
was dismissed In the police court Friday
afternoon. Miss McCHntock refused to
prosecute her lover , and when she stepped
down from the stand Shearer clasped her In
his arms and they hugged nnd kissed each
other regardless of the presence of several
officers and court attaches. The reunited
couple wont away arm In arm like two
lovers who had never a trouble In all their
lives. The last seen of them was. when
they mingled with the throng on
South Sixteenth street , and It Is thought
that they have left the city. Both ex
pressed repentance and hoped that they
would live to a rlpo old age.
o
Fine boating & bathing , Courtland Beach.
SULK MEN AND JUDGE SCOTT
Express Their Opinion of His Bcccnt Deci
sion Against Their Position ,
MISSOURI RIVER MILK THEORY EXTENDED
Mntcmciit t'li'inlniounly Authorized In
Ulitch the DnU'j-iiien Enter tVnrlrwty
nnd riulnly Into UHcuMloii ot Juris-
prurience 1'ollcy to llo I'lirmivd ,
The Milk Dealers association hold n meet
ing last night In Wolfe's hall to consider
the course to pursue In the future In regard
to obtaining licenses. Considerable dlscua-
slln was had. It was finally loft to the
Judgment of the Individual members , cither
. to obtain licenses and at the snmo time file
I protests , or to carry on business without
licenses and suffer arrest and thus fill up
, the police court with cases. If the latter
it course Is pursued It li thought the prosccu-
i ( tions will eventually cease on account of the
number of cases , nnd It would cause little
trouble to the milk dealers , as the bond re
quired must necessarily be small. The
course of the president , Louis Llttlcfiuld , In
appealing the case of the dealers to the
supreme court was upheld.
The following Btatement was authorized
unanimously :
"The recent decision In the district court
Is remarkable for the reason given which
prompted It , nnd Is both original nnd unpar
alleled In judicial decisions.
"Because some unscrupulous , conscience
less milk man sold the Judge slightly colored
Mlssourlj-lver water , which ho accepted as
milk , therefore all milk dealers must bo put
under restrictions In their business. By' '
this astute reasoning should a man sell him
a slightly decayed potato , that particular
man would be punished by placing restric
tions on other men producing and selling
potatoes , an.1 all other kinds of business ,
could be as easily crippled. Should aoini' ;
man offend him In language or writing , then
all talk , all books and papers must come'
under his censorship.
"Ridiculous as this is , It Is fairly matched
In n more serious way In the reckless , un
scrupulous 'determination of the Board of
Health to take advantage of this most
Idiotic of all decisions to restrict tne right
of all milk dealers because possibly some
are fraudulent. This Is n dangerous Irtnovn-
I tlon , and may easily be carried Into other
departments of business. The old rule , when
i a man commits a fraud , punish that man
! and him nlonc , Is ns good fdr the present
times ns the past. This Is both reasonable
and right.
"Tlo | milk dealers owe It not only to them
selves but to the public generally to resist
at all hazards all cncroachmc'nts on their un
questioned rights of person and property , for 1
I with these gone little of value Is left , and
they confidently count on the approval of all (
i fnlr minded people , for they nr'e always for I
right. Justice and fair play.
"Tho claim that a license fee Is necosBiry I
to Inspect milk Is untrue. Meat dealers '
pay no license fee , yet meat is inspected. If
milk cannot bo Inspected without subverting
established rights then it will have to fall. I
Personal and property rights subordinate
oven the Board ot Health , and If It cannot
perform its functions without subverting
these the community would lose nothing If
the members resign and glvo way to wiser
men. " |
The statement Is signed by Louis Little- |
field , president , and F. E. Fox , secretary. '
W J
WIIK ik Corkur.
The game of base ball between the Stockman - I
man nnd the Drovers Journal nine yesterday |
afternoon was .a corker. Every one thought I
'
It would bo a clumsy game because the
players work every day and do not have an i
opportunity to practice , but they were fooled , ij
The batting Was strong , and although the '
game lasted but three-innings. It was played
with but few errors , and the Stockman boys
won by a score of 14 to 2. About $75
changed hands on the game. The battery
for the Stockman' was McCullongh and Cas
tles , and for the Journal Sldwell and Ed
Harte.
Will Study Political Kiononiy.
Friday evening Dr. Duryea met with a
number of young men In the lecture room of
the Young Men's Christian association build
ing for the purpose of organizing a class
for the study , of political economy. The
meeting was well attended and the doctor
stated briefly th'c plan to be pursued.
It will partake > pf the nature of a round
table discussion directed In the proper chan
nels of Inquiry by the experienced tutorship
of Dr. Duryea. Over twenty signed the
roll of the class. The next meeting occurs
Monday evening , Juno 11.
rrpiulcrguRt'a Hearing I'oMponed.
CHICAGO , June 2. By agreement of
counsel tha case of PrpnderBnst , the assns-
sln of Mayor Harrison , will not be tried
until fall. State's Attorney Kern said the
press of business made It neoesBary to
defer the hearing.
Commencement at llrownol' .
The anniversary sermon will be preached
by Rev. John Hewitt of Holy Trinity
church , Lincoln , In St. Matthias' church on
Sunday evening , June 10.
On Monday morning , Juno 11,0-30 to noon ,
will be the art exhibition , essays nnd ntuulo
of juniors. Monday avcning .the annual
muslcitlo will be given.
Tuesday morning , June 12. at 10 o'clock ,
the annual commencement will bo held.
ItKAI.TV MAItKCT.
INSTRUMENTS placed on record Juno 2 , Vi
1891 :
\VAHIIANTV DKI'.DH.
A S ItrMeofnrmpr nnd wife to J II Tatf ,
lot W. Mock . Jlrown pstk } 8TS
I * folwt | fr nnil wlf to H ll duly , lots
9 nnd 10 , Mock 7 , llltc-licwk'K Ml ndl , KK >
C li Jn nt < nml wife to K W TU-knor , lots
H to II. Mock 7 , Mnnhnttim , . . , , . 3TOO
Mer linn Drutr company InV W AnOn -
On- , lot fi , Alillniftjuiro , ' . , , , , 1
John l\li > ckn r to Mfirln KliK-Kncr , lot ! J ,
Mock B. \\c t ( Mile . 4 < M
Hmith Otnulm Ijtiul company I" OoOfrpy
Ilomcck , lot 15. Mock IM. Nmith Qmnhn. . DM .
Trwt Hrlmrll. Jr , to H O lli > ( T , lot 1. f
nil I S,0 J
>
mmilrr In Home Itncslmctit com *
IMiny , lot 1 , bliK-k 1 , JVipo Place 1,701
Total nmntint of transfers.i.--nollT
"THE TRIUMPH OF LOVE
w.irrr , rnviTrur.
f
fS
i
iory.MutiVlii > \Vouli | Kninv ilia tlriiml
TriilliMllhn 1'liuii I'licl * ; Ne\r DUcoteilri
ot AlcUicnl Sulenio nit Aii | > liv < I to .Murrioil
MFc , Vkho U'oulil Atone for 1'nst JCrror *
mill Amid future I'ltlsilln , Should Sucuro
the XVdiKlurflll I.Itllo Hook Calloil "Cum.
plotn It i'ii > > I , nl ilr to Act nil It. " '
"Hero at last 1 Intoimatlun from a high
medlcnl source Unit must work wonders
with this generation of men. "
The book fully describes u method by
whl"h to attain full vljtor nnd manly power.
A method by which to end all unnatural
dinlns on thu system.
To uura nei vousncss , lack of self control ,
despondency , utc.
To exclmnKc a jriiled nnd worn nature for
one of bilKlitnesH , Imynncy nmi power.
To cure for ever effects of excesses , over
work , worry , etc.
To Klve full BtrcnKtb , dcvplooment nnd
tone to every portion and oiKan of thu body
Age no barrier. Failure Impossible. 2,009
reference' " .
The book Is purely medical nnd scientific ,
useless to curiosity seekeis , Invaluable to *
men only who need It. J
A dfbpali Inn man \\lio had applied to us , * * *
soon after \\rote :
"Well , I tell you that first day Is one I'll
never forget. I just bubbled with joy. I
wanted to bus everybody nnd tell them my
olil self bad died yesterday and my new
self was born totluy Why tlld'nt you tell
mevlion I Hist wrote that I would llnd It
tills way ? "
And another thus :
"If you dumticil a car load of gold at my
feet ItpuHl not bring such Kludness Into
my life as your method ban done. "
Write to the nrtIK MKDICAL COMPANY
Buffalo. N. Y. , anil abk for the little book
called , "COMPLETE MANHOOD. " Uefer
to this paper , and the company promises
to send the book , In sealed envelope , with
out any marks , and entirely frtio , until it
Isell Introduced.
AMUSEM ENTif ,
' Clean of
BOYD'S SUMMKK
OPERA SEAS01
NEW OPiRA EVERY DAY.
CARLETON OPERA CO ,
TONKHIT ( SUNDAY , )
The Hew Erminie.
MONDAY NIOIIT ,
TUESDAY
Chimes of
Prlooa : 25' , SOc and 75o.
I8ih ST. THEME " "S
lOo 20o and 33c.
- THIS AITIMINOON AND TONiaHT
The KmliU'Nt Actor
J. P. RUTLEDCE
In the great i > l y ,
"THE RED FOX. "
MnlhilL'M Wednesday and Saturniiy ,
guarantee S
Perfect Fit ,
First Class Trimming , f
' Excellent Workmanship
f * * * * -
t For $20J C
' "You can have choice of our $23.OO. $27.OO , $28.OO , S3O.OO Suits.
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" * ' * i1" t ifi ; a ,1 1 . ; For $5j
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cari.ha.ve'your . choice of our $6.00 , $7.OO , $ S.OO Trousers//
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For $6J
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Performance . isJDetter - 201 South 15th 8t ;
than Promise. Between Farnam and Douglas.
