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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 30, 1895)
I * * HILL TRIAL IS OPENED of the State Against tbo Ex-Trcasurcr and Ilia Bondsmen Begun. ISSUZS JOINED AND THE JURY STARTED Attoriiojm on Iloth Blile * Show Orrnt In terest In tlio Matter of Beleclltif : the Men Who Are to Try the UIUMO. LINCOLN , April 28. ( Special Tologrsm. ) At 2 o'clock p. m. In the senate chambar the supreme court called the jury mo of the state against ex-Stato Treasurer John 1C. Hill and the following bonJimen and co-defendants : Victor 13. CaMwell , Samuel E. Rogers , John F. Coad , John H. McClay , John 13. Wright , Charhs W. Mealier , David E. Thompson , John I ) . McKarland , John 15. Smith , Simuel C. Smith , John Ellis , Charles T. Doggi , Nathan S. Hammond , Fran It Colpctzer , John Fitzgerald and Ulchard 0. Outcalt. The case Involves the sum ot ? 236,301.G2 , loit to the state In the failure of the Capital National bank. Treasurer Hill's oince began In 1889. Treas urer Hartley assumed office January 1C , 18D3. At that time Hill turned over to Hartley In cash , drafts , checks and certificates of de posit , $283,357.85 , and Hartley receipted for the same. Before the cras/ii of the Capital Na tional Hartley checked out $43,093.23 , leaving the sum of tl.23G.3GI.C2 In bank. The state HUCS to recover of Hill on the ground that actual cash must be turned over to the In coming by the outgoing treasurer. The de fense claims among other objections that the BUprcnio court has not original jurisdiction In tlio case , and also claims that the funds were In a bank afterward made a special depository by tlio state. This IB the first case In uftlch a state treasurer of Nebraska has appeared In court to defend his bond , and the first tlmo a jury has been summoned to try a case be fore the supreme court. Judge Wakely ap pears as couniel for the state , assisted by Hon. O. M. Lambertson. Juilgo llroady ap pears os special attorney for Hill. ISSUES AS JOINED. It la alleged In the pleadings of Defendant Hill that ho did not , personally , 8lgn the bond upon which this suit Is brought by the state. The state denies this allegation and claims that defendant signed his name In the body of the bond In ssvcral Instances , and that In placed his name therein with the Intention that It should bo his olllclal bond. The state also holds that Hill acted as agent of the bondsmen and for this reason Is estopped from setting up that ho did not execute and sign the bond. The fact that It has been customary In the past for state treasurers to receipt from outgoing officials for checks , drafts and certificates of deposit In lieu of cash Is denied by the state as any justification or that It In any way Impairs liability of present defendant. The state also holds to the ground that the fact that the Capital National bank was mud ? a depository does not Impair liability. The ground of this objection to the particular Instance In this case Is Illegality In making the bank a stale depository. Again the state contends that Hartley had no authority to receipt for checks , drafts or certificates of deposit. The fact that State Treasurer Hill filed a claim against the Capital National bank with the receiver Is held ns Immaterial and not bind ing on the state. Such arc the Issues of the case as made up for pressntatlon to the- supreme court. While the jury Is to be the sole Judgeof the facts brought out by the evidence , the ques tions of law arc all to bo submitted by the court and It Is 'expected that many of them will bo of a mandatary nature. A disagree ment Is expected , At 2:15 : p. m. Chief Justice Norval , Justice Post and Justice Harrison filed Into the sen- mo chamber and took their uents. The full venire of sixty talesmen wore seated on the floor of the chamber at the left of the su preme bench. Dsputy Supreme Court Clerk Iloso announced the opening of the court. On behalf of the bondsmen Attorney Wheedon read n lengthy list of objections to the proceedings In form and manner. The objections set forth that the eupremfe court liad no original jurisdiction In the case , that the proceedings were Irregular and unconsti tutional ; that the law of the state provided that the trial should be awarded the de fendants In the district court of Lancaster county and that by this process defendants wore denied their rights before the law. Judge Wnkcley stated to the court that It was expected that Attorney General Churchill would be present and take full charge of em- pannellng the jury. General Churchill was detained at home by Illness. In his ab sence he would like a little time In which to arrange for selecting the twelve Jurymen. Chief Justice Norval , after consultation with hla associates , said that the court would , lu that event , take a recess until 3:30 : p. m. Justice 1'ost Inquired If Judge Wakeley ivns satisfied with the amount of the legisla tive appropriation made for presenting this case. Judge Wakelny replied that ho had coniulted with Governor Holcomb and that ho had said he considered It ample. The question of the number of stenographers required was raised and Judge Wakeley ald in regard to that lie would leave the whole matter to the court. General Cowln , replying to Justice Post , said that the defense would demand ono transcript. It was decided that three transcripts would be required. This necessitated the appointment of three steno graphers and iho court announced that It would appoint them. GATHERING THE JURY. At 3:30 : o'clock Supreme Court Clerk Camp bell began calling the talesmen and the fol lowing took their places In the Jury box : C. L. Saunders , Henry K White , George Shel don , Alexander McOivnck. Adam Pllger , Augustus Satterleo , C. N. Carpenter. Samuel J. Dell. J. F. Hlandln , H , W. McUrlde , A. n. Wilson , Walter G. Clark. Attorney Lambertson for the state pro ceeded to examine the twelve talesmen and finally challenged C. L. Saunders for cause , It was developed In the examination that Saunders was rather Intimately connected with ono of the officials of the United States National bank at Omaha. Talesman Henry K. White was examined and passed , as was also George Sheldon. Adam Pllger had resided In Stanton county : twenty-two years , was formerly county clerk and had no personal acquaintance with De fendant Hill ; was connected with the First National bank of Stanton ; did not know of any money being depoilted In his bank ; know nothing of the case except by news paper report ; thought ho could render a fair and Impartial verdict. Augustus Satterleo was an attorney In Madison county , and bad been for a number of years. Ho was excused by the court , as ho liad recently been elected to an Important ' olUce , which required his Immediate attend- ance. A , P. Sbepard of Dodge county replaced Mr. Satterleo. Ho Is a farmer. Ho was a stockholder In ono or two banks In Fre mont , but did not know of any state money having been deposited therein. C. N. Car penter of York was engaged In the commis sion business and owned no Block In any bank nor had he ever sd or expressed an opinion nor did I ] lie know any of the defendants. Samuel J. Dell was In the grain business In Duller county and unacquainted with defendants , except Hill. Owned no flock In any bank. Had had no conversation with him since drawn ns a juwr. J. R Hlandln resided In Saline county. Had formed DO opinion. H. W. McHrlde resided In Washington county , anil was an attorney. Had expressed an opinion and was challenged and stepped .aside. Henry Wehrman of Nuckolla county took his place. But he Immediately asked 'to ' be excused on account of age and was told to ( land aside' . SOME QUESTION AS TO WARD. George F , Ward of Clay county was callo.l. He Is a lumber and coal merchant of Clay Center. Knew none of the defendants and none of the counsel. Ho read the news papers and had formed an opinion as to the right of the state to recover on this bond. Lambertson challenge him for cause , Wheeilon took him In hand and concluded ho was competent , as he confessed he could render an Impartial verdict rjgardlesa. Had on oplnlcn , however , and It would take idI dence to remove It. Chief Justice Norval asked the talesman If the newspaper accounts ho had read pur ported to give the facts. Ward thought they did and the chief justice reaervod hla ruling , A. It. Wilson redded In Thayer county. Was a farmer , lUd formed nor expressed y.no opinion of the right ot the state to recover tn this action , Walter Q. Clark redded at Oaaaa , and wa * acquainted with bankers. Had Joked about the cast with parties since ho had been summoned. Had expressed no opinion and had no relations with defendants. With the exception of Talesman Ward , LamberUon passed the jury. Attorney Wheedon then took hold , lie tirwght out from Sanndera that he was ac quainted with several ot the counsel , and especially Judge Wakeley , Both Siur.deri and While were passed , and Sheldon was found to have expressed no definite opinion , but some doubts Held the same opinion he had previously formed , and It would take evidence to remove It. No person with whom lie had talked had pretended to give him any facts. Here Sheldon qualified his ttatcmcnt about his opinion , and arrived at the conclusion that lie had no settled opinion whatever. McOavoclc hail no opinion and was ac ceptable , as wns also the case with Tales man Pllger. Talesman Shepard did not know whether he had an opinion as to the merits of the cape , nnd as to which side ought to recover. He decided ho had formed a slight opinion , based upon what hrt had heard. Wheedon challenged Shepard for came and Lambcrtson resisted. Justice Post hero said that he did not believe the examination was being conducted fairly. The Issues had not been fully stated In order that the talesmen could form an Idea of the merits. Even the court had not been Informed of them officially. Shepard had been called Into the box since Lambert- son had outlined the case. Thereupon Whcrdon laid before the talesmen n story of the case , from the standpoint of the defense. The state was suing ex-Treas urer Hill and his bondsmen to recover for money deposited In the Capital National bank which subsequently failed. Had ho ever heard of the case ? "I have read about It In the papers. " "Do you believe all you read lu the pa pers ? " "Until I learn to the contrary. " Talesman Dell knew only of the mcrlta of the case through the medium of the news papers , but had formed no opinion. Talesman Illandln would not be Influenced by the fact that the state was plaintiff in stead of an Individual. Wilson of Thayer and Clark of Omaha were present , but Wil son asked to bo excused on account of the helpless condition of his aged mother , who was left alono. The court said It would consider his application. The court then examined Talesman Ward directly and took his case also under consideration. The tales- HUM were Instructed to hold no communlca < tton with any ono concerning the case , and the court then adjourned until 10 a. m. to morrow. > Facts relating to Napoleon are not pounced upon more eagerly than delicious biscuit made with Dr. I'rlco's Baking Powder. a in : nit. IIAV wain JIVSIXKSS Investigation Into ( ho Drpnsnrt Official1 * Management Will Itejln Toilny. LINCOLN , April 29. ( Spaclal Telegram. ) Nothing eventuated today In regard to Inves tigating charges against Dr. Hay , preferred by his own attorney to the Board of Public Lands and Buildings. That body appears to have decided that It has no jurisdiction In the case. It Is well known that It never has hankered after the job of digging Into the past history ot the Lincoln Insane asylum mismanagement. It Is also known there nro members on the board who have voiced their opinion to the effect that Dr Hay was making a sublime nuisance of him self , besides sticking a number of sharp knives Into the very vitals of the republican party. Tomorrow an Investigation of charges against Hay's mismanagement will be liek before Governor Holcomb , and It Is thoughi this will glvo the belligerent asylum superln tendent all he can look after for a few days Steward Hewlck will begin an examination of Dr. Hay'j books Wednesday , and on the same day Mrs. Mary II. Thomas of Schuy lor will assume the duties ot matron , vlc < Mrs. McDougal , resigned. Every ono con nected with the asylum seems to bo resign Ing and getting out from under the Impend Ing cataclysm save the doctor. He has been there eighteen years. Should Dr. Hay no' show up tomorrow , but allow the Investlga . tlon to go by default. Governor Holcomb will take active steps to secure possession o the asylum. Dr. Abbott has been tempera rlly enjoined from even asserting out loui that he Is the appointee of the governor , am that case cannot como up for a final hearing" until May 27 , nearly a month distant Steward Rcwick , however , professes grea confidence to run things until that date Those who know him say he will come very near doing It The federal supreme court , through Justice IJrewer , has granted a writ of error an Issued a supersedeas In the Fltzgerald-Mal 'lory case recently before the supreme cour of the state. The amount of the bond required quired Is $823,000. Tha clerk of the suprera court will certify the transcript up imme dlately. Governor Holcomb has recalvcd an Invl tatlon from C. II. Mclntosh , lieutenant governor ornor of the Northwest Territory , to be pres ent on July 30 to August 7 at the first cxhlbl tlon of the territories at Heglna. The execu live has not yet signified bis acceptance. Father D. G. Fitzgerald of South Auburn has been released from further service In the diocese by Dlshop Uonacum. He Is an other member of that faction of the priest hood that led a movement against th bishop , In the absence of Father Fltzgerali last Friday IJIshop Bonacum left a note In forming him that on and after the 1st o July next his services In the dloceso wouli ' be dlspe'nsed with. The deposed priest , wh has been connected with the diocese sine April 9. 18DO , was secretary of the organlza tlon that preferred the charges against th bishop. Mra. Frank J. Knapp , wife of the mlsslni Burlington railway clerk , appeared at th pollco station today and left a description o the mlsslns man and the wheel which h rode away. At the depot no tidings had been received of Knapp. During the rain this morning high wate flooded the culverts at Eighth and Y streets stopping the outlet of a large territory. Th accumulated water surrounded several smal houses , preventing the Inmates from leavlnf their homes. The police were called to after relief to the Imprisoned Inhabitants. Next Monday the May term ot the dlstrlc court begins and will continue some tw months. The most Important criminal caste to be tried Is that ot A. S. Jones , fonnerl station agent ot Spr.tgue , who shot and klllei Constable Jerry Peck at Martell nearly year ago. Suclurn Dcnth ol CleorKo Ituchol. PLATTSMOUTH , April 20. ( Special. ) George Duchel , an old citizen of Plattsmouth died very suddenly at his home In this clt yesterday morning. Mr. Buchel was pre paring himself for church and called to son , who was In another room , to assls lu adjusting his collar. The boy responde and found his father prostrate on the floor He had died of heart failure Immediate ! after speaking to his ton. Funeral service were held this afternoon. Maurice O'Rourko , an old settler In Platts mouth , died Saturday night after an ( lines with tuberculosis at El lleno , Okl. , wher he has lately been living with his son. Th remains arrived from Oklahoma this mornIng Ing- and were Interred In Oak Hill. He wa past 70 years of ago and leaves six grown children. rimnrnd thn llanU'i Nunie. LINCOLN , April 29. ( Special. ) The Banl p of Genoa has been changed , by authority o the State Banking board , to the State- Dank ot Genoa , and the capital stock Increase ! to J52.000. The change will go Into effec May .5. The cmccrs remain the same , with O. K. Goodwin , cashier. State Audlto Eugene Moore has Issued a call to all stat banks to prepare a statement of their condl tlon and forward to the banking board sale statement to bo up to , and Including th 27th of April. rtemmnr lllook In tha NhcrifT' * llandi. BEATRICE. April 29. ( Special Telegram. What ls known as the Clcmmer block erected , by John H. Clemmer on Ella street I 1S93 , was today placed tn the hands o Sl.erlff Kyd with directions from the coar to collect and account for alt rt'nts until th matter of application for a receiver shall b acted upon , the hearing of which Is get fo May S. The building occupies a quarter o a block the first floor , being used for mer cantllo purposes and the second floor a ; apartments , Tr4iup Crippled at Ponder. PENDER , Neb. , April 29. ( Special Tele gram. ) Ed Parsells , a torlst hailing from Cumberland , la. , nearly lost his left llm while attempting to board the southboum accommodation. Ills foot caught betweei the bumpers and was badly mangled. ONLY PAY FIVE PER CENT Interest on Etato Wnrrants Beducod Two Per Cent by Law. BLL : WENT THROUGH DURING THE RUSH Secretary I'lper Announce * thnt the House Itoll Lowering tlie Jlnte IVni JL'nsint , Jlcpcallng the fecnatn I.ntr , and Will lie Unforcoil. LINCOLN , April 29. ( Special. ) The war- ant brokers arc especially Interested just ow In the question as to whether state war- ants registered before the new law reduc- ng the Interest went Into effect are drawing per cent or G per cent In ercst. For years past state war ants have drawn 7 per cent Interest , 'he last legislature reduced the rate to D er cent , but in enacting the new law It blundered to some extent , just as It did on nearly very other law passed. In the first lace the legislature passed and sent to the governor two bills covering the same subof ect. The senate bill was Introduced by Ma of Harlan county , and read as follows : All warrants Issued by the proper nu- horltlc.s of the state shall draw Interest rum and after the date of their presenta- lon for payment at the rate of C per center or annum , and nil county , city , town or other municipal subdivision less than n county Bhnll draw Interest nt the rate of 7 icr cent per annum , The house bill was much more effectively Irawn. It was Introduced by Robinson of ancaster and provides as follows : All warrants Issued by the proper author- tics of any county , city , town or school llstrlct or other municipal subdivision less ban a county shall draw Interest from und after the dale of Ihelr presentation for pay ment at the rate of 7 per cent per annum. All wnrnrnts hereafter Issued by the proper authorities of the state shall draw Interest nt the rate of 5 per cent per annum from he date of their presentation for payment. The house bill contained the emergency clause and the senate bill did not. Doth were enacted Into laws and both received the signature of the governor. Doth amend the same section of the statutes , al though there Is a radical difference In their provisions. TROUBLE MIGHT HAVE DEEN AVOIDED. Had the house bill alone been passed no confusion could have arisen. The house bill as originally drawn provided that all state warrants should draw Interest at the rate of G per cent from and after the date of their presentation for payment , but the house amended the bill so as to make the new law provide that all state .warrants hereafter Issued shall draw Interest at the rate of G per cent , etc. The senate bill simply provided that nil warrants Issued by the proper state officials should draw Interest at G per cent per annum. The confusion In the minds of so many people results from the doubt as to which of the two laws Is to bo regarded as the ono to be followed. If the house bill Is to be the guide there Is no question but that all war rants Issued and presented for payment be fore Governor Holcomb attached his official slganturo to the law nre entitled to draw Interest at the rate of 7 per cent , and all warrants Issued after he signed thn law are to draw but 6 per cent. If the senate bill It to be regarded as the law , then there Is n grave question as to the effect upon the Interest rate. Many good men here hold to the theory that under the strict. Impartial construction of the senate bill all outstanding warrants are now entitled to draw but G per cent , whether they were Is sued before or after the law tokes effect. Others claim that n liberal construction should bo given to the law and that the re duced rate should only apply to warrants Is sued after the law goes Into effect. The secretary of state must , within sixty days , compile and publish the new laws passed by the last legislature. The next edi tion of the statulcs must bo amended to conform to the new law. Which of the two j laws alluded to In this article are to be In corporated In the statutes , the one originat ing In the house or the one which was first Introduced In the senate ? ROBINSON DILL THE LAW. At the governor's cfflce It was learned to day that Governor Holcomb signed the house bill , Robinson's , last. Private Secretary Maret says that the governor understands that It repeals the senate bill , signed a few days before , and that he regards It as the law. Secretary of State Piper was seen by a reporter for The Dee. He said : "Whllo It Is true that both laws were passed and both signed by the governor , but ono of them can have any legal effect In my opinion. The house bill , Robinson's , repeals the senate bill , and whllo both laws must bo Incorporated In the volume ot session laws now being prepared tn this office. It Is evident that the house bill only can be ef fective. This provides that state warrants shall draw Interest at the rate of 5 per cent per annum from the date of their presenta tion for payment , which means , I take It , on warrants presented after the house law went Into effect with the emergency clause , which was about April 11. " Mr. Hlland Wheeler , compiler of Wheeler's edition of the statutes , was seen. He eald : "The last law signed by the governor , the house bill , repeals all other existing laws on the subject of Interest rate on state war rants. Consequently It repeals the senate bill by Dale and leaves Robinson's bill the law of the land. That will be the one In corporated in my new complied edition of the statutes. Of course the session laws will Include both bills. The language of the law appears plain , and I do not apprehend that there can bo much conflict of opinion regarding It. " _ Goodness , purity and wholcsomcncss arc a bright trinity of qualities found : in Price's Cream Daklng Powder Tire acnvYLRii SIKX vnoirxso Henry Johnson anil George Van Ilomon Jlrct Dentil In Dry Creek. SCHUYLER , Neb. . April 29. ( Special Tel egram. ) Henry Johnson , colored , and George Van Housen were drowned early this fore noon In high water In Dry creek , seven miles north of the city. They were on horseback , riding through water up to the horses' sides , and approaching a submerged bridge , when they were swept Into deep water/ Van Housen's body was found dur ing the afternoon. Kach was about 24 years old. Van Housen leaves a wife and one child. Ifpllovno 1'o-noiiat Mention. DELLKVUB , Neb. , April 29. ( Special. ) Mr. C. Peterman , a student at Dellevue college , and Miss Msggle Williams were married In Omaha on Thursday. They ex pect to locate In Wyoming. About fifty citizens attended the com mencement exercises of the Omaha Theolog ical seminary at the First Presbyterian church , Omaha , on Thursday. Two of the graduates , Messrs. Curnahan and Oastler , were former residents of this place. Mrs. B. K. StoufTcr was called to Wis consin Friday by the Illness of her aged mother. Mrs. William Morris and Miss Wilson are visiting the Misses Morris. Miss Myers of Omaha Is the guest of Mrs. A. Wright. Mr . Tlionmi Appointed Matron. LINCOLN. April 29. ( Special Telegram. ) Mrs. Mary R. Thomas was today by Gov ernor Holcomb appointed as matron of the Lincoln Insane asylum. Her appointment will date from May 1. Mrs Thomas Is GO yean of age. and has been a resident of Schuyler. Colfax county , for many years. She Is the mother ot State Senator Sprecher , editor of the Schuyler Quill. Hati and cockroaches killed by millions with Stearn'a Electric Paste ; 25c. I Fined for Seining. DLAIH , Neb. , April 29. ( Special Tele- gram. ) Charles Carter and Sam Warrlck were fined $25 and coats tn the county court for seining In Tyson lake. They appealed the CUEO to the district court. Cadets Will Vltlt AiUUnd. ASHLAND , Neb. , April 29. ( Special. ) The State university cadets will stop In this ty an hour and KlvV'an exhibition drill while enroute to Oman * to the state en campment. May 29. A , Petition has been prc- cnted to the chance'Ifor ot the university , Igncd by representative business men of Ashland , asking that ithla be done. There will be an Interesting program rcn- iered at the schools In t bis city tomorrow In loner of "flag day. " Two large flags will be olsted , to float over" " e'Jch of the two city chool buildings. Alt sdcret societies In the Ity will participate In , the patriotic work , AT nr.\riTT \ itoiunf.i > Illow the1 fento nnd Orl Awny with lonsliUriiUU riuinl r. DEWITT. Neb. . April 29. ( Special. ) The ostofllce at this place was entered by fhl last night , the safe blown open and ooted. But little of value was In the oITic ? , " s . everything had been banked Saturday night , and the robbers got about $1 In money ml between $5 and $7 In stamps. A bundle f notes , part of which were held for collec- Ion and part belonging to the postmaster , J. ' . Chesney , were taken. Entrance was made hrough the front door by means of tools itkeii from the blacksmith shop ot Joseph vevlch. Two young men who were strangers vero seen hanging around the depot all day estcrday and as they have not been seen Ince late last evening suspicion rests upon hem as the guilty parlies , and they will be ound If possible and brought back. Ono of these men called at the postmaster's louse yesterday while the family were at llnncr and asked for something to cat , which 10 received. The robbers must have made heir exit from town on foot , as there are no trains during the night. Dcniniiil far Sltty Day Upon. YORK , Neb. , April 29 : ( Special. ) At the first Presbyterian church last evening Rev. dr. Long at the close of his sermon advised those present to purchase the May day Be ? . le stated that the proceeds thereof would jo to charitable Institutions. In this city here will be a great demand for the same and Interest Is being displayed over the woman's edition of The Bee on May 1. Syrucunu lluy Mli mg. SYRACUSE , Neb. , April 29. ( Special. ) An adopted son of M. K. Hawkins , a lad of 13 , has been missing since yesterday after noon. The family went to call on neighbors , and the boy took advantage of their absence and ran away. The parents hunted all night for the lad , and this morning searching par ties are going out In all directions. DrunUen Imltiin * Flht. PENDER , Neb. , April 29. ( Special. ) Henry Rice , a Wlnnebago brave , struck Charles Bonaparte , another Indian of the same tribe , with a hoe tcday , practically scalping his victim with the weapon. The trouble occurred at the agency this morning , the result of too much whisky. Bonaparte will . recover. _ _ _ _ _ _ _ _ _ _ Old Resident of Lincoln Prop * Ictil : LINCOLN , April 29. ( Special Telegram. ) S. J. Odell , an old resident of Lincoln , arose from a table this evening , where he had been writing a letter , and dropped dead. Ho had just spoken to his wife , asking her what ho should say In the letter. Ho was about 48 years of age. Dmly of Hurry Dayton Knut Homo BEATRICE , April 29. ( Special Telegram. ) The body of Harry Dayton , the youth who was drowned yesterday afternoon while bathing In a buffalo wallow eight miles west of Deatrlce , was shipped to Obcrlln , Kan. , this afternoon , that being the homo of his parents. I'nlU City Joilnml I.onnoil. FALLS CITY , Neb. , April 29. ( Special. ) John Falkner of Lincoln and Grant South ard of this city haVe leased the Falls City Journal from Norman Musselman for one year. In leading hotels and clubs and In the homes of tbo most Intelligent people Price's Daklng Powder Is always used. TKlr.Ell HMS QUlT.lt.Y1UE \ , d\ \ Ilobbor Tried to Grub the Tllos ot tiolcl hut \Vtti bhot In the llonil. DUBUQUE , la. , April 2D. Leonard Zels , a destitute laborer , entered the Iowa Trust and Savings bank today and walking up to the counter behind which the funds for the day's use were piled , struck the window with a small hammer which ho carried with the evident Intention ot grabbing the funds and escaping before the employes had recovered from their sur prise. Teller Maurice Brown was standing near and as the window broke he took In the situation at once. Seizing a nearby re volver ho fired at the man , the ball taking effect In the head. The robber Is seriously but not dangerously wounded , and Is now under arrest. The robber Is related In family In this city and has lived here most of his life. Ho says he did not want to rob the bank , but was nervous. He is thought to be In sane. _ _ _ _ _ _ _ _ _ _ J'nllocl to Convict an A. 1C. U. ( Striker. SIOUX CITY , April 29.-Speclal ( Tele gram. ) The jury In the case of the state against Frank Matthews , charged with , set ting lire to bridges on the Illinois Central road during the A. K. U. strike last sum mer , reported a disagreement today. Mat thews was an employe of the Omaha road and went out with the other strikers. When It - became known that an attempt would be made to bringmllltlu to the city to quell the rioting of the strikers , Matthews ia alleged to have set lire to several bridges , hoping to ditch the train. The case against him was a strong one and will be retried. The case against Jerry Frlel , who killed Mike Shotts In a quarrel here two weeks ago , was dismissed today. Frlel was able to show that he acted In self-defense. Arrangements have been completed for the location of a new telephone exchange In the city. Work on the system will be com menced at once , and the plant will be In working order by October. The new com pany han already 550 subscribers. The rates for service will be $30 per ywir to business houses and J21 to residences. Attempted to Kill V. IIlnbb. . SIOUX CITY , April 29.-(8peclal ( Tele gram. ) A daring attempt was made Satur day night at Movllle , a small town near here , to assassinate Charles L. Hebb , the proprietor of the Arlington hotel there. Hebb was sitting by a wlridow In the olllce about 7 o'clock In the evening , when three shots were llred close by his head. The would-be assassin mode his escape before being- fully identified , but Hebb thinks It was EJ Ferry , a former clerk at the house , with whom ho has had trouble. Ferry has been arrested. He waa arraigned before a Justice of the peace today , but was granted a continuance. AV In tenet I'oatonlce Robbed. WINTERSET , lai , April 29. ( Special Telegram. ) The postofllee was robbed be tween 2 and 3 o'clock ' ( Sunday morning of the contents of the , * iJtq. It la stated by Postmaster Hudson to'nave been something over J200. The safe dodrwas blown clear oft and > the safe Itself moved several feet by the force of the explosion. Cedar Rnpldi Slliu CUiumlU finlclclo. CBDAIl RAPIDS , la. , April 29. ( Special Telegram. ) Ray Pattpn , a youngman I'rrparlne PrnlU fur Preserving. Boll blackberries , moderately , about six alnutes. Boll plums , moderately , about ten minutes , Boll raspberries , moderately , about six ninutes. Boll cherries , moderately , about five mln- lt < ? 3. 3.Uoll strawberries , moderately , about eight ninutes , Boll whortleberries , moderately , about five ninutes. Boll plant , sliced , about ten minutes. Doll Dartlett pears , in halves , about twenty ninutes. Boll small sour pears , whole , about thirty ninutes. Boll peaches , halves , about eight minutes. Doll peaches , whole , about fifteen minutes. .DRY GOOD TOMORROW IS BARGAIN DAY. Beautiful Silks- One table of Silk Remnants from i to black , plain , plaid and novelty , all marked in plain figures. Como and look them over. You can buy $2 worth for , lllnck Satin lluolirs < ' ( , 27 Inches wide , JtitYni.v's price Monday $2 k'otls at wholesale ; our $1.50 Colored Satins that .Taffrny wholesaled for 50c. 25c DreSS TrillllllillgS Just came in , an cntirely new stock of Garnaturcs , Van Dykes , Points , etc. , in the latest styles. Black Dress Goods- 3S-lnch Henrietta that JafTray Imported to hell at 40c go tomotrow lit 40-Inch Serges nnd Henriettas that Jaffray 'ff7t ! _ wholesaled at DOc go tomorrow at * - * -2- ' 46-Inch line English nnd Storm Serges , Jnf- 7i O / - > fray's price price 75c , our price tyo GO-lnch extra fine English Berge , Jaffray sold at 41.15 , our price 42-Inch black novelties , worth C3c , go Mon day for 42-Inch line Novelty Suitings , regular 730 goods , for 48-Inch Figured Mohairs , JafTray sold at Jl.:3 : : , our price Just received , new Importation late styles In Crepons. 4fi Inches wide , goods actually - < ally worth { 2.00 to J3.5) yard , go at V Handkerchiefs- Jnffrny's hemstitched and colored bor der handkerchiefs worth lOu g Jaffrny pot 13c whole sale for tlio lace edged and colored bordered handkerchiefs / \ - that wo sell for ll/C Nice scolloped border , plain and colored hand kerchiefs , Jaf- rny's price Oc Ja.Tray's . 30c handkerchiefs with scolloped borders , plain or colored , arc . The plain and colored handkerchiefs with scolloppod borders that Jaffray got -I0c for , go at . Hosiery- Monday morning wo will place on sale an other case of that line Nubian Hose black , KUfirantced fast , that Jaffray Jobl bed to sell for 20c ; our price . . . . . . r * t 1A G Only four pairs to a customer. Children's fine nibbed Hose , with double knee and spliced heels and toes , Henns- dorf dye ; JaiTray jobbed to sell for 23c , - - * our price . . JLJ.C Children's nnd Misses' Tnn Hose , In all shades , with fplleed heel nnd toe ; Jaftray i r * Jobed to sell for 23c , our pilce . . . JLe > C The latest novelties In fast russet shades In Misses' Hose , all sizes ; Jaffray Jobbed O f to sel for 33c , our price . * < JC Another case for Monday of those extra quality fast blnck hose , with spliced heel rnd toe , tha. Jaffray Jobbed to sell for O rfn 35c , our price for Monday , 2 pairs for . O kJC The latest In New York : Ladles' fancy colors , In gauze Llsla Hose ; coirs , laven- oolors In gauze , lisle hose ; colors , lavcn- ported to Job for Me , our price . about 22 years old , attempted suicide this evening by tiring three bullets Into his breast. He Is still nllve. but cannot re cover. His mother died a few days ago and he has been very despondent since , nnd this is supposed to be the reason for his rash deed. Three ot young Patton'a sisters were prostrated by their mother's death , which was very sudden , and It Is feared one of them cannot live. frlnin ut it Intlinr. CRESTON , la. , April 29. ( Special Tele gram. ) About four weeks ngo Ida , the 13- year-old daughter of John Huffman , a farmer residing- near Fontanelle , gave birth to a child , Today the father was arrested , charged with the crime. He had a prelim inary hearing nnd wns held to await the action of the grand jury , being placed under JJ.E05 bond ? . Indignation runs high In the community. _ _ _ _ _ _ _ _ Cunning Wnric al n Defaulter. MONTE7.UMA , la. , April 2y.-SpccIal ( Telegram. ) it has Just leaked out that Treasurer Howe , before decamping , not only stole from the auditor's olllce the bond he gave , but he also tore from the record all references to It. It Is a question as to the effect this will have upon the enforce ment of the provisions of the bond. No trace of the fugitive has been discovered. Cook's Extra Dry Champagne- the wlna for Americans. Its purity and boquki com mend It to them. lo Not .111 it It. Thursday , May 2 , The Dee will begin pub lication of a thrilling detective story by Mr. Park. Benjamin , entitled "The Itellef of Gotham. " This Is a capital prize story and ono of the- strongest works of fiction ever presented to Dee readers , Thursday , May 2. S SWSSB S & aWSe * SG8 s ROYAL has the highest leavening power of any powder examined , and is purfc'and wholesome. No other powder gave results so satisfactory. g r- " ' " i FLOYD DAVIS , M. S. , Ph. D. , 83 Chemist of Iowa State Board of Health. ® ss& * s ra ss * s5Siaia Doll pineapple , sliced one-half Inch thick , about fifteen mlnutei. Doll Siberian crabapple , whole , about twenty-five minutes. Doll sour apples , quartered , about ten min utes. utes.Doll Doll ripe currants about six minutes. , Dolt wild grapes about ten minutes. , < Pour Into warm Jars. j1 , Doll tomatoes about sixty minutes. " Amount of Sugar to a Quart Jar. Cherries C ounces Strawberries 8 ounce : Raspberries 4 ounces Lawton DlacVberrles. ; . . . C ounces Field Dlackberrles. , 6 ounces Quince , 10 ounce * Sour Peara. . 8 ounces Wild Grapes 8 ounces Mtisliii Under wear. No moro backaches from making up mus lin under wear. We've got a euro for Hint. Wo can sell you all the newest styles , made up In the best Special for the Bablc.s muslin , trimmed to per- . -'H got their bargain - - opportu- , nlly Siumliiy. Wo oTi ! > r lit COc fectlon , for less money cambric and lawn druses ( or 1 , i ! and 3 years , Oictrlt- money than the muslin ou and Mother Hubs x > , haul , neatly tiilmC fc fl r\ alone would cost . mud with in eitlonJ SS you. nnd embroidery Try us Monday. One lot ot fine Nainsooks and Lawns , nicely . * - _ / - ) trimmed , worth double ; /OC A lot of beautiful Dresses of very line seek , trlmmril with hemstitching , " tlon and embroidery , worth up to $ Good muslin nnd cambric Gowns , lace QA and embroidery yokes : great bargains at O-/C Maids' Caps , very dainty styles Colored Dress Goods- Si-Inch Novelty Dress Goods , worth 23c , for SS-lnch Serges nnd Henriettas , nil colors , -rrj Jaffiay wholesaled them at 25c , our price. . J.tJ 1 table of Wool Novelties , goods worth COc , for 1 table 40-Inch all wool Cheviots , Jaffray wholesaled them at C3c , go at Cl-lnch gray , brown and green Mixtures , > O actual value Jl.OO , for OtrC 62-Inch fine Chcrlc Cheviots , all the new f f Ehad"s , worth $1.23 , for / 4 > Gloves- Ladles fine French made Kid Gloves , colors , tan , brown nnd black , every pair war ranted ; Jaffray Jobbed to sell nt J1.23 , our / O price Oc/G Ladles' line real Kid Gloves , French made , all colors ; Jaffray Jobbed to sell for JJ.OO , OY Or * ' our price pJL ftJ Ladles' all 8llk Gloves , warranted perfect lit , In black only ; Jaftray Jobbed to sell o rf for 60e , our price , _ e > O Men's English Walking Gloves , made of a very line kid ; JafTray Jobbed to sell for f\Ctn. $1.60 , our price t/OC TUB LATEST Men's Reindeer Gloves , the new color In trays AFFAIRS AT 8OTJIH OMAHA. Sir * . Kplly I'ntnlly I turn nil In Trying to I'our Kcroftono on a Low Fire. At C o'clock last evening Mrs. James Kelly , Thirty-second and T streets , poured kerosene on a fire and the burns she received covered her entire body and are of such a severe nature that she cannot live. As she was pouring the oil out of tha can Into the stove the oil exploded , knocking the bottom out of the can and throwing the oil over her , and at the same time the explosion was of such force as to knock her down. Her clothes caught nre. She attempted to make her escape from the building and call for as sistance , no one being1 In the house at the time but herself , but at first she could not get the door open. When finally she ran out Into the yard screaming for help n stranger who was passing ran to her asslst- and while she lay on the ground ho threw his coat around her and attempted to ex tinguish the flames , which had by this tlmo almost run their course , as the clothing had been burned almost entirely from her body. Dy this tlmo a number ot the neighbors had como and Mrs. Kelly was carried Into the house and wrapped up In blankets. Dra. White , Berry and McCrann wore called. It was found that the body had baen burned from the feet to the head and that some of the flames had been Inhaled , and the de cision that she could not recover was quickly reached. Mrs , Kelly Is the mother of two little children. Her husband Is employed by the Cudnhy Packing company. No damage was done to the building or contents. Mrs. Kelly died at 1 o'clock this morning. Mugla City < ! ni lp. L. A. Lennon , A. C. Beggs , C. P. Baldwin Peaches 4 ounces BartUtt Pears c ounces Pineapples C ounces Crabapplcs , 8 ounces ' I'luins Bounces Pie Plant 10 ounces Sour apples , quartered G ounces Itlpe Currants s ounces Cranberries * 12 ounces Cranberry l'l . Paste No. 4 , 3 cupa cranberries , stewed with IVt cupfula sugar , and strained. Line pla plate with paste ; put In cranberry jam , wash the edges , lay 3 narrow bars across ; fasten at edge , then 3 moro across , forming diamond shaped spaces , lay rim of Paste C , or ot same ; waih with egg wash , bake In quick oveu until paito Is cooked. and C. R. McCoy , n committee from the Kan sas City Live Stock exchange , were In tlili city yesterday making Investigations ot the government Inspection of cattle In the yards In this city. J. Shea , the 12-year-old son of James Shea , Thirty-second and S streets , whllo playing near n barbed wire fence yesterday , accident al ! ran against the wire. Ills left leg was cut quite deeply. The gash was several Inches In length. Dr. McCrann sewed up tha wound. \ Wo are playing a solo Wo have It all our own way with the Klmball Piano because It's the best. A email cash payment and a lit tle a month buys one , A. HOSPK. Jr , .Musica cd Art 181.1 Douglns. DR. C. GEE WO. WHO IS HE ! Ho Is on * of Hit most iklllful of Chlnci ) doa- lon , because of Mi grMI knowledge and curei. Having been eight year * In th * medical collect ot China lie underituncli In * ImmeJIoio action of oter t.GM remedlfi. With four teen > ari ot prncUcn an'1 over four yeuta of that lima In Omaha im given him a reputation backed ji > by tiiommuU of teitl- 1-nonUU In curing liVIIJlY . 'cilAIIACTKn ' of dl ea o , wntlher CJinr.N'iJT OH OTHEMWISB. Dr. C. Oe Wo iruarantee * a cur * In every caw or th * money will Le refunded. Consultation freo. Bend a two-cent etnma for book and que tlou blank ! . Ur. O. Goo Wo , 810 N.lUtliSt. . Oinuhu , No *