TUB OMAHA DAILY BEE- ! SUNDAY , MAllCH 7 , 181)7. )
CREIGIITON WILL BROKEN
KM. fihelby Awarded the Land Deeded to
St. James Orphanage.
PROVISION OF THE WILL INDEFINITE
tfndsrn Fnwcrtl , In MnUIiiK < lie I > c-
elHlnii , Cltdil tlic CHNH of Sninncl
J. Tllilcii'H Will , Wltlcli Wnn
Ilcciiiitlr Set Aftlilc.
Thb will of the Into Joseph Crclghton ,
Vdilch has been In the district court lor the
last two years , wan toclcl ! ) > ' Judge Fawcett
yesterday to bo null and void and the
property ot tlio deceased , except that portion
bequeathed to the grandchildren of the testa
tor , reverts to Mrs. John 1' . Shelby , the only
daughter of the tcstntor. The bequest ot 160
acres ot land to the bishop ot Omaha , which
Ian been transferred to the St. James orphan ,
gc , la thus declared null and void.
When Joseph Crclghton died his will was
ffcrcd for probate In the county court. It
VU9 found that the bulk of the property had
lien bequeathed to the children ot Mro.
Shelby , but the daughter herself was cut
eft without anything. One of the conditions
of the will provided that ICO acres of land
lying near " Florence lake should go to Bishop
O'Connor , provided he should survive the
testator , and In the event that ho should
not. the will provided that the property
should go to "his successor , the bishop of
Omaha. " It was further provided that the
land Hhould be devoted to uomo charitable
purpose , a preference being exprceacd for an
orphanage.
The probate of the will In the county court
was refused and the case was appealed to
the district court. The first trial resulted
In a verdict by a Jury , which found that
the will was Invalid. This verdict was set
fislde and u second trial was had , resulting
In a disagreement of the Jury. ' After the
ecoml trial the daughter , Mrs. Shelby ,
waived all her rights to the properly
tocqueatfied to her children and the
Guardian ad lltem , appointed to protect the
rights ot the minor heirs , withdrew from
the case. The St. James orphanage , at
IJoiison , had claimed an" Interest In the case
on the ground that Bishop Scannoll , the
' had transferred
Eimecssor of Bishop O'Connor ,
ferred to the orphanage the land bequeathed
In the will to the bishop.
Thu withdrawal of the children from the
case left the controversy between the
daughter and the bishop , and a motion was
flled by the attorneys for the daughter to
tUsmlrs the case on the ground that the St.
James orphanage had no rights whatever In
the case and that the clause bequeathing the
land to the bishop was Indefinite , and , there
fore , void.
In passing upon this motion Judge Fawcott
reviewed concisely the circumstances of the
case leading up to the filing of the' motion.
He raid that a ruling upon this motion meant ,
substantially , that the court must construe
the provisions of the will. At the time the
motion was filed , the court eald , the capo had
narrowed down to a simple contest over the
constuctlon to bo placed upon the clause
malting the bequest to the bishop. All other
foatues had been eliminated from the contest
and the only point at Issue was the clause re
lating to the 100 acres ot land.
CONDITIONS OF WILL INDEFINITE.
'After reading from the will the clause
referred to Juilgo Fawcett oald that the au
thorities differed very widely as to the
validity of a will containing a clause worded
in th'o Indefinite manner In .which the clause
In question was worded. There were a largo
number of authorities , ho. said , ou both
Bides of the question and the supreme court
of the 'state , lf.thls , case should ever reach
It , wa's'Just as'.likely io'jallovf ano course as
the"other. . Judge Fawcett said he would
take the course that seemed to him to be
the best one and would " hold that
the ? clause was absolutely void. Cqrl-
tlnulng , the court said : "In the flrs !
plai'e. the clause conveys the , property
to flteliop O'Connor , If ho survives , the
testator. If It-had stopped there , there would
have been no doubt as to the meaning , but
It provided further that in case O'Connoi
< lcl | not survive him the property was to gc
to/ / the bishop of Omaha. As a matter ol
fact , O'Connor did not survive the testatoi
and O'Connor's successor was not known tc
Mr. Crelghton. Ho did not know whethei
O'Connor's succwsor was a responsible mar
or not. Further than that , the provision as
to the use of the land Is Indefinite as to the
kind of charity to bo benefited or the plact
w-hero it shall be located. It does not saj
whether it shall bs applied to any denomlna ;
tion or .at any point. Under the provlflonr
of the will the bishop would have the righl
to apply the proceeds of'the land to anj
charitable objcpt any place ; on the earth
I think when a man leaves his propertj
away from his children he ought to spoclfj
definitely the disposition to bo made of It
While the authorities differ widely on the
conditions of wills , they all agree that th <
provisions must , be definite In some partlcu
lore. "
The court cited the instance of tlip Samue :
J. Tllden will , which was rfbld to be void bj
tho. New York court of appeals on accounl
of a olmllar Ir.dcflniteness in its provision *
and other c&ies were cited In support ol
the position of the court. ,
In' condition , the court remarked thai
the fact that nishop"Scannell had deeded tin
property in question to the St. Janm
orphanage had no beqrlng In the case" as th't
deed had not been made until after Crelgh '
ton died , and at hla death , the will bcliu
void , the property descended to bis daugh
tcr. "
1VII.I. MAK I5IT A TI3ST CASH
to IniirlHoii Complaining Wit-
lll'NH IN ( llll'NtloiU'll.
The right of the authorities to Imprlsoi
complaining and prosecuting witnesses In easi
jhcy are unable to give bonds for tlicli
appearance when the cases como up fo ;
hearing In the district court will , In a meas
urc , bo tested in a couple of civil suits tha
ore shortly to bo brought against the county
The first suit will be brought by Walte
llnrron , who was the complaining wltnuv
against a woman who was sent to the pen !
tontlary Ut < t December on the charge o
larceny from the portion , Ilarron , who nov
resides In luwa , was passing through the clt ;
nnd was robbed of some money whllo In
\\nn paying a visit to the woman. Doth h
and the womun were arrested , the former a
complnlnlng witness. Last October G tli
wpnmn. was bound overto the district cour
aiid Darren was also held JIB a witness ngajnii
her. The latter was unable to furnish bond ,
and was thcrotoro tmpilson'ed In the count ;
Jail from the time of the police court hear
Ing until the trial In district court , sixty
flva days In all. He put In it claim for wll
jws ( fen for that time , $130. and the count ;
cnmmlailonei-s have slgnltlcd no Intention o
paying the claim. Suit will theicfoio b
brought.
The other case is of a similar charactoi
During the early part of January last Join
Krlipo and Thomas J. Ford , two stranger
paes'lns thiough the city from Denver , met i
woman and were robbed of $30 , At the earn
time they had u rowIn a hotel , which re
Bulled in tbo arrcut of several parties , am
which WJIH given publicity at the time
kUzle IleynolcU was the woman charged wit !
the theft. She was held to the dlstilc
court under fOQ bonds to answer to th
'charge of larceny from the person , Frldaj
this case was illsml&siMl. From the tlmi
of the preliminary hearing until the din
missal of the ca e Kehoe and Ford were Im
prisoned in the county Jail , as they wer <
unable to glvo necessary bonda for their up
jicaranco as witnesses in the case when I
came to trial. They are about to bring mil
for witness fees for tha entire time and a
the rate of ? 2 per day ,
U the suit Is Ion by the county and It I
compelled to pay over the witness foes It. I
believed that the action will In a measur
change the Hystem ot holding prosecuting wit
nesece. Otherwise an additional drain o
hundreds and even thousands of dollar
yeafljl would bo put on U county attorney
Larceny from the person cases occur ( re
, quemly and most ot them RO to the dUtrlv
cpurt , In the large majority ot the cares th
'victims are stranger * who sro unable to pu
up bonds for their appearance at the trials.
After thli data we uliall tel | no
upon credit. Our b'ooka am closed.
CONTINENTAL CLOTHING CO.
March 1 , 1657.
IIAYDHX IlltOS.
Trices AKrilnut llie AVorltl.
NEW SPRINO NOVELTIES.
AT LOWEST 1'IIICES.
3G-ln two-toned novelty Dress Goods , Bro
cade effects , In the loading spring shades ,
regular 25e goods , on special sale Monday at
IGc.
IGc.GO and 40-ln novelty , silk and wool mix-
lures , in the very latest weaves of Granite
Brocade , figured , plain , mixtures , oversTiot
and broche , regular price { 1.50 , special sate
Monday at OSc.
CO-ln Black all wool coating serge , mohair
Inlsli , extra heavy and firm , always cold at
76c yd , special sale price , Me.
SILK SPECIALS.
We lead them all In silks.
New Kal Knl Wash Silks In Immense as
sortment , 25c.
20-ln white Jap silk , splendid for wear
and launders nicely , 29c.
27-ln Black India Silk , excellent quality ,
at 39c.
For Monday only we will sell a full 27-ln
Black Satin , all silk and finest quality , for
OSc.
OSc.LINBN
LINBN AND DOMESTIC SPECIALS.
72-ln Table Linens reduced from 75c tote
to 49c.
GS and 72-ln very fine Table Dahiask In
beautiful designs , worth $1.50 , for Monday
only , at 75c.
200 fine linen sets , worth up to $9 set , at
> 1.76 , $2.75 and $3.50 ; beautiful goods.-
100 doz bureau scarfs , worth $1 , at only
iOc.
250 pea Outing flannel , worth 8c , at only
White goods In checks nnd strlpss , worth
15c , only 7V4c.
SPECIALTIES IN MEN'S SHIRTS.
COO doz men's fancy laundered shirts , new
spring styles , worth jl and $1.25 , go at COc.
100 doz men's brown mixed sox , regular
price lOe pr , on" Monday 4 pre for 2Rc.
2 cases of Boys' Extra Fancy Cotton Hose ,
'ast black , all sizes , Ifie per pr , worth 25c.
100 doz Ladles' Corsets , our regular 75o
corset , goes on Monday at 49c.
FOR MONDAY ONLY.
Extra wide Oriental laces , 5c ,
$1.GO fancy lace collars , 49c.
Dcnlson's best English Crepe paper , 7Hc
roll , regular price , 2Gc.
100 yd silk thread , Ic spool.
Allicolors dress buttons , 5c doz.
Best 4-yd velveteen binding. 7V4c bolt.
SPECIAL SALE SHEET MUSIC.
The McKlnlcy edition Is hero early. Over
2,000 aelectloRs , every one a Masterpiece , at
IOc copy. There Is nothing cheap about this
eilltjon but the price. Write us for cata-
'
ogu'e.
TUMBLER SALE.
5,000 doz of $1.26 per doz Hint blown lum
bers at 15c set.
1,000 osts of knives , regularly sold at $2.50
per set , on sale at C9c.
500 linndlo Axes , regularly sold at $1.25
on solo at 29c each.
HAYDEN BROS. ,
Selling the Lchniann Wall Paper.
Ilev. Frniilc Crime' * Lecture.
Rov. Frank Crane's lecture at the First
Methodist church tomorrow evening promises
to bo ono of the most largely attended enter-
; alnmenta of the season. The lecturer has a
liost of friends and admirers In Omaha , who
will doubtless bo glad of this opportunity
ot seeing nnd hearing him again. This lec
ture Is said to be his masterpiece and was
first delivered ! as the Fourth of July oration
at Chautauqua. N. Y. , last year , where it
created a decided eensatlon. Dr. Crane has
a keen senco of humor and Is a good , story
teller and those who attend will enjoy a
rare treat. An admission ' .fee of 25 cents
will bo charged , the proceeds going to the
Chautauqua college. _
MAY SET Ur AXY DEFENSE.
Imiinrtnnt li-olnl ii In Certain CJIMC-H
IlrnitKlif AKiiiiiMt the County"
A legal point of great Importance to the
taxpayers 6t Douglas .county was passed
upon by Judge. - Dlckl'tieon yesterday , be
ing a ruling in favor of the defenscV.undor
"
the statute of limitations urged "ty the
county against the payment of the claims
now pending against the county on account
of money paid on the purchase price of lots
In Douglas 'addition.
The case at bar was that of Henry
Abrahams , and Henry Splgle.against the
county of Douglas , the plaintiffs seeking to
recover from tne county $1,800 , alleged to
have been paid to the county as part pay
ment on four lots in Douglas addition and
which were bought by the plaintiffs. They
alleged that they purchased the lots May
C , 18S7. paying $1,800 In cash and giving
their Joint notes for the balance , amounting
to $3,810.07. No further payments w.pre
made and foreclosure proceedings were com
menced against them. They alleged that
they discovered the Irregularity in the sale
of the lots and ileeded the lots back to the
county , claiming to have understood that
their notes and money were to be returned
to them. ,
In this case the county set up the defense
that the statute of limitations would apply
to the money and that the claim was out
lawed. The plaintiffs moved to strike out
this portion of the answer of the county and
It was upon this motion , that the ruling was
made. The sustaining of the motion meant
the removal of the only defense on which the
'county stood. In the argument it was urged
that this defense had not been made In the
proceedings before the Hoard of County Com
missioners and It was alleged that the county
Was debarred from raising any point which
had not been made in the proceedings before
the board.
AGGREGATE OF THB CLAIMS.
In passing upon the motion Judge Dickin
son held that the members of the Board ol
County Commissioners acted simply as a
bi.iid nf auditors In passing upon "claims , an/l
that the claimants might appeal from , their
decision If It was unfavorable to them , or any
taxpayer might appeal to the courts us
against ths allowance ot a claim , but thnl
thn Issues were not properly made up until
the district court was reached and that the
county might then set up any defense , ic-
gardless of what might bo done by the board ,
The ruling upon this point has an Impor
tant bearing upon the claims now pending
before the county board for the return of
the money paid In ou account of the lots In
Douglas addition. Those claims aggregate
about $125,000 and represent these purchas
ers who did not bring mils In the district
court against the county to recover the
money paid In by them. The county has de
termined to urge th statute of limitations
as a defense against the payment of these
claims , on the theory that It is the duty ol
the commissioners to take , advantage of every
possible defense allowed' them under the laV
Propositions for settlement ot the claims
have been mode to W. D , Beckett , tho-'sp6-
cjal attorney enga'ged by the county' to de
fend these caf.es. but these propositions have
been rather Indefinite , moqt of the claim
ants being Inclined to take the position that
the defense ) ot the statute of limitations
would not hold good. In court , , The ruling ol
Judge. Dickinson. , In the'opinion ref Mr.
HocUott. will have 'the effect ' .of Inducing
these cinln anlB to agrpo to a compromise
which will bo to the Interest of the tax
payers of the county , and will save all
hands the expense of lawsuits. It also-cs-
tfibllshrs the right of the county to urge
this defense In these eases nnd Increases the
probability pf'thit i-'oupty being successful In
Its defense In the suits which maybe
brought on these claims.
Improper nnd deficient care of the scalp
will caupo grnynces of the hair and bald-
nrra. Escape both by the use of that re
liable specific , Hall's Hair Ik-newer ,
ITcipx After flit1 Mrrrt HalMvny.
OMAHA , March C. To the Editor of The
Boo : I notice there has been Introduced In
tbo legUlaturu bills Intended to compel the
Omaha Street Railway company to vestibule
their cars , to give transfers and to extend
their lines upon request of the majority ol
the property owners along the proposed .ex-
tendon and still cnothrr bill compelling
them to extend a line where villages adjoin
the city limits ; tbo latter being Intended ,
no doubt to compel an extentlo'i of their line
to Dundee Place and Florence.Vlthoul ,
any appearance of defending any cprporajlon
that opprretes the public It does seem tc
m ( hat U U an ImpoMtlon on a couipan )
giving at ] good service as the Omalia'Strecl
Hallway company ( bavins their lines ex
tend d to almost eviry part ot lh > lly ) fo-ac
antl'rnohopuly legislature to impose un un
reuspnablo and unjust law nit them simply
because they hive the powvr to do cc. 1
believe llieso bills , to be against the good pi
the public and should not be pcsscd.
FAIRPLAY.
Tl u Neb. Sei'd Co. , 620 N. 16th , telU si
of higher grude than astra bouaei.
Review of the Week's Events
For the Week Ending March 6.
rouKin.v.
CUHA Mnrch 1 : President Clevclhnd ponds to congress correspondence relative to
American citizens arrested In Cuba ; United States supreme court reverses decision of
district court for Florida In Three Friends case , holding neutrality , act applicable.Mo
Cuba , March 4 : Unconfirmed report nt Key West thrft crew of Competitor have been
released nnd schooner restored to them ,
TUIlKEY-GHEECK-Mnrch 1 : Town of Candlnmo falls Into hands of Cretan In
surgents , also fortress of Vavaros , where were 3,000 Mussulmans. March 2 ! Powers
present Identical notes to Greek government declaring Intention to make of Island of
Crete an "autonomous state tinder suzerainty of sultan nnd demand Greek vessels and
troops withdrawn within six days ; nil relations between courts of Athens nnd St.
Petersburg broken off ! Mussulman sen d'arme nt Canon In revolt over nrrenrs , subdued
by Itnllnn marines ; report nt Canea that 2,000 Mussulmans In fortress near Mnllssa hnvo
been massacred. Mnrch 3 : King George Of Greece , replying to a mcmorlnl- Urging
union of Crete w.lth Greece , said lib was not deviating by a hair's breadth from t'no
original policy announced. Mnrch 4 : Uecrco Issued at Athens calling out reserves of
ISO ) , IKK ) , 1SS9 nnd 1SSS within three days swelling Greek forces to 100,000 men ; Greek
nc-wppapcrs couns'cl resistance to mandate of powers.
OTHEn LANDS March 1 : Japanese government decided -to adopt gold standard
nt ratio of 32' to 1 , sliver to be gradually withdrawn ; report of 2,000 Insurgents killed In
recent battles nt Sllnug nnd Las Mnrlnns , on Philippine islnnds ; .pope celebrates nnnl-
vcrsary of his coronation nt the Vntlcan. Mnrch 2 : Diplomatic relations between
Great Hrltnln nnd Venezuela restored nftcr several years of Interruption. Murch 3 :
Serious disturbances of Insurrectionary natUre reported from Uruguay nnd Urnzll ;
cabinet meeting at Mndrld agreed on nn extraordinary credit for purpose of lUtlng out
six nddltlonnl war ships. March 4 : Advices from Samoa thnt cx-Klng Tnmnsen , with
strong following , Is threatening King Malictoa nt Apia , and no wnr ships at present
In the harbor. 'March ' 5 ; Prospective negotiations for'rcturn of Hags captured by Mcxl-
cnns in war of 1S47 provokes demonstrations of hostility at Guadalajara.
CONKUI2SS1O.VAI. .
HOUSE March 1 : Bill Introduced to prohibit transmission of detailed nccounts of
prize fights by mall or telegraph , nnd bill pnssed providing for transmission to Wash
ington of presidential election returns by mnll , nnd nbollshlng the system of messen
gers. March ? ' : President's veto of Immigration bill received. March 3 : Immigration
bill passed over president's veto by vote of 1113 lo 37 ; naval bill passes with senate
amendment , fixing price on armor plnte nt J300 ocr ton. ,
SI3NATE Mnrch 2 : House amendments to bill for IntcrnnUonnl monetary con
ference agreed to. leaving bill ready for-presldent's signature. Marcli 3 : Hills pnssed
amending law permitting risht-of-wny to stcnm roads through public lands , to set
npart portion of certain lands In Washington stnte as n public pnrk to be known ns
Washington National park , amending copyright laws so ns to prohibit unauthorized
use of words Implying copyright , nnd authorizing Galveston _ & Great Northern rail
way to build railway through Indian Territory.
NEBRASKA HOUSE Match 1 : Passed resolution endorsing International arbitra
tion and urglnp rcpresentrttlves In the "United States senate to use the'r efforts toward
confirmation of arbitration treaty with Great Britain now pending ; bills rend for first
time to provide for organization and government of Irrigation ditches upon streams
not exceeding1 ten foot In width , to declare void contracts , trusts or combinations
with view to lessen free competition In Importation or sale of articles Imported into
this state , and to provide for a state Inspector of beer , wlno and alcoholic liquors
and deputies. March 3 : Bills recommended for passage to appropriate $23,000 for a
state normal school at Scotia , Grcelcy county ; to authorize county judges to ap
point judges nnd clerks of election ; providing that any woman of the ngo of 21 yearn
nnd upwiird be authorized to vote on nil- officers nnd questions at nil but general
elections , and making gold coin and standard silver dollars a tender In payment of
all debts , both public and private. March 4 : Amended Transmlsslsslppl Exposi
tion bill , carrying J100.000 , passed without the emergency clause , 'by ' vote of 70 to 20.
March 5 : Bill passed appropriating $23,000 for a state normal school at Scotln ,
Gruelcy county.
SENATIi Mnrch 2 : Bill to regulate stock yards at South , Omaha recommended
for passage. March 3 ; Omaha charter bill , with slight amendments recommended
for passage. March 4 : Passed bill repealing law of lb'93 for payment of bounty
on sugar and chicory ; joint resolution passed proposing an amendment relating to
Investment of permanent school fiind. Mnrch 5 : Omaha charter bill passed.
OTHER STATES Mnrch 2. Missouri house passed Wll fisting- railroad fares In
the state at 2 cents pqr mile ; Al Tucker , farme-r of Ottawa , Kan. , arested in Kansas
senate chamber , charged with attempted bribery , offering' to 'Senator Jumper $1,000
to support the Hannu stock yards bill , antl warrant sworn out for arrest of n , , S ,
Boyd on similar charge ; Hanna stock yards blllffdofcated and straight populist
measure passed by Kansas senate. ' Mareh C : Coldrmlo legislature In joint session
adopts report of committee on invcstlgntlon of * Leadvllle strike , which , -recom-
mciids arbitration ; Ttepresentatlv.ee Martin Brlckley of- Montana cupelled from
legislature for self-confessed bribe-taking. Montana senate passed house bill ap
propriating J15.000 for Transmlsslsslppi Exposition.
Mnrch 1 : Municipal elections throughout Iowa , with exception of' larger cities ,
reversctr result of last fall elections , when all went republican. Mnrch 3j S.euator
Sherman tendered resignation to Governor Bitshiicllt of Ohlo < and olllcinl ! ncuolnt-
ment of Marcus A. Ha'nna as hla successor * forVui'ded-MoiuWashlnfftoiCariJIarch- < : - .
William McKinley inaugurated as President ol the -United. ' , States ; inuugttra3 ad
dress outlines 'plans and views that will Koveriijiils . administration , urging need of
revenue reform to the 'end that expenses nnd Income , of government balance , ad
vocating necessity of currency reform , promising to' ' assist- congress in steps , toward1
creation of a commission to consider revision of 'our coinage ; banking -and cur
rency laws ; calls for convening of congress In extraordinary session on March 15 ,
1S97 ; counsels re-enactment nnd extension of reciprocity principle of law of 3S90 ;
also steps toward restoration of- our merchant marine ; , opposes territorial aggran
dizement nnd favors Improvement In naturalization and immigration laws , enforce
ment of statutes against trusts and the arbitration treaty with Great Britain ; Judge
Mungcr appointed Editor T. J. O'Keefe of the llcmlngford ( Neb. ) Herald as- United
Slates court commissioner for Box Butte , county ami adjacent territory. March' ' 5 :
President sends In cabinet nominations , -all of which are confirmed without opposl- '
tlon , as follows : Secretary of state , John Sherman of Ohio ; secretary of the treas
ury , Lymun J. Gage of Hllno's ; secretary of war , .Hussel A * . ( User of Michigan ; at
torney general. Joseph McKcnna of California ; postmaster general , James A. Gary
of Maryland ; secretary of the navy , John D.Long ot Massachusetts ; secretary of
Interior , Cornelius N. . UIIss of New York ; secretary of agriculture , James Wilson of
Iowa.
CO.MMISHCIAI , AM ) l.MJUSTUIAL. '
NEW ENTRnPIUSES March 1 : Rubber factory of the I. . Candeo company at
New Haven , employing 1,000 hands , resumed operations after protracted Idleness ; work
begun preliminary to erection of.-liuw B.M. . depot at Omuhn ; First National bank ,
Edgemont , S. D. , capital $30,000.
Cltl.MU.S AXI ) CA.SI/AI.T1KS. /
FIUES Mnrch 1 : First lire In ten -years at Casey , -111. , destroyed stores of F. & B.
Leo company , E. L. Slilnklo , D. C. Sturdevnnt , II. A. Lee , M. G. Cockenour , M. Sanford
& Sons , Hancock & Clark , Fuqua & Son's banlt , and others , total loss $200,000 ; works
of American Plate Glass company , Alexandria , Inil , , loss $10,000 , fully Insured. Mnrch
3 : Power house of Union Traction company at Philadelphia , two men killed , damage
$2r,0GOO , fully covered ; boarding house ot Mrs. Mary Ferrel , Wheeling , W. Vn. , throe
persons fatally burned. March 4 : A. Straight & Bros. ' wagon factory , Os'hUosh ' , WIs. ,
loss $100,000 ; butcher shop , of Anton Pral , Llnwood , Neb. , loss $1,300 , no Insurance ; sportIng -
Ing iiouso near Beatrice , loss # ! , GOO , partially insured. Mareh 5 : Two large blocks at
Worcester , Mass. , loss $ C03C03 to $100.oo : , eight firemen seriously injured ; residence of
Dr. J.'jG. .Neff , Sterling , Neb. , loss $ SOO , covered.
ACCIDENTS Marnh,3 : Mertlo Jiunor , 13-year-old boy at Exeter , Neb. , kicked re
cently by n .horse , died from effects. March 5 ; Terrific windstorm caused much
havoc in sections of Kentucky , West Virginia and Arkansas , In some towns demolish
ing nnu unroofing buildings ; gnn explosion in mine 44 of Kansas & Texas Coal company
at Huntlngton , Ark. , burned thirty-five men , all seriously and some fatally ; landslide
wrecked train on Missouri Pacific at Bonnptto's MillsMo. . , causing ciemntlon of mall
clerk , fatal burning of fireman nnd serious Injury of engineer ; pas-senger train .from
Plttsburg to Cincinnati run Into by freight at Hill's station , causing serious Injury
to ono person and slight Injuries to ten , othcrs.
MUHDEUS February 28 : James Andrews , miner , nt Teiry. S. D , , found murdered
In his cabin , near Lend , suspicion pointing to William Gill , prospector , who was ar
rested. March 1 ; John Owg shot and fatally wounded by Bill Snwtello nt llaydcn ,
Colo. , quarrel over cards , -March D : Negro ' arrested for burglary at Elgin , Tex. , rid
dled with bullets by mob , s
SUICIDES February 2S ; James Clark , school Janitor at La Crosse , WIs. , hnnscd
himself In the school house , aged 55. March 3 : Louis Jolinaon , Danish farmer near
Kcnnnrd , Nob. , found ' .innglng In Ids granary ,
OTHER CRIMES February 2S : Ex-State Treasurer Bnrtley released under $30,000
bonds nt Lincoln , Neb.j Murch 1 ; Brace of burglars arrested nt Sioux City , caupht
in the act. March 2 : Dr.-McCleeKe'H jewelry store at Manic , la..burglarized of seven
gold watches , thirty ; , filmhm and oonsUlferablo money , March 3 : . .Jury nt O'Neill find
Itnyrriblid Mussdr , ' tried -for iniirdor of-George A , Spence hist December , guilty of man
slaughter ; decision of lower court In cane of Theodore Durrnnt , fdund guilty of murder
of Blanche Lament nt Sa.n Francisco In U93 , sustained by miprpmo court ; William
Miller , who murdered James Coffee on Crazy Horee creek iilioub ten days ago , ar
rested on Powder river : John Carwlne' , defaulting United Stati-to navy paymaster at
Newport , R. I. , arrested' at 'Chicago , 'confessing to peculations In last two years
amounting to-$10OOQ. , , - - - -
"
1 " ' " .MOHTUAHV.
*
I February 28 : Tho'iriaa CummlngsOmaha , former city minshnl , aged Cl ; Prof.
Edward Thomson Nelson , chair'of science In Ohio Wewlcyaii university , died at
Washington , p. C. March 1 : M. J , Dellurlet. HrusselH , fanner premier , lately
Belgian minister to Portugal ; Mm.- Edward Terry. London , wife of proprietor of
Terry's theater ; Edward Chas.e , , St , l.ou Is , for twenty-six y-eact * manager St. Loula
Clearing House association , 'aged 73. Murch 2 ; Nathan L. Bloi'ivon , Nebraska City ,
Neb. , pioneer , died In Sherman county , * Kansas ; Mrs. AlbeitilL. Towlc , Niobrnru ,
Neb. , pioneer and prominent In Uj > IIef corps circles ; Thormisf Kennedy , Oiikdule
Neb. , war veteran. March 3 : QeTienU Gulterrez , San Jose , ! , , candidate for presi
dency of Mexican republic fpr term 1SOS-J002 ; Nelson Whcatciioft , New York , notor ,
aged 45. March 4 ; Francis Swedhelm , West Point , Neb. , afoodl 74 , pioneer- Mrs
Miller , wife of Major W. H. Miller , Canton , S. U. , pioneer. " Mbte'h 5 : State Senator
Albert Wells , leader democratic party , at Springfield , III , , dleddut Qulncy , aged 50 ;
Mrn. Clmuncey Lumb , Clinton , In , , wife of millionaire lumberman , uged 77 ; Asa
Fish , San Francisco , noted money lender , aged 40.
.iuxuo ; . > Vbii.n ! 1113 HIIMUS
Kiivors/ DUjilay at ( hi ; TrtiiiHiiiU-
' " ' NHHIII | | ! lCvlOHlll | ll ,
Secretary Wakefleld has received copies of
; Uo Mexican Herald , published In the City of
Mexico , which give accounts or the reception
of the exposition committee by President Diaz
ami editorial comment upon the enterprise ,
The Herald tpkcs advanced ground in favor
of Mexico being officially represented at the
exposition and expretses the conviction that
President Diaz will use ills efforts to secure
a suitable appropriation for that purpose. In
clcalng the editorial comment the Herald
says : "We are heartily glad that Mexico la to
be represented there and shull urge our read-
era to take part In the exposition in so prac
tical a way that the American people ol the
great west shall know this country for what
It Is a busy , progressive land , full o [ enter
prising and intelligent people. "
I"r ( ! < St < iiu Work on MlructM.
The freezeup Friday night had the effect
of preventing a lot of Omaha's Idle labor
from securing employment yesterday. En
couraged by the prospect of open weather ,
the members of the Board of Public Works
had prepared to begin active operation on
the streets ycaterdayv The plan was to
put a force of men at work and to clear un
the streets by the -middle of next week.
The change In the weather changed tha
program. The membora of the board are
anxious to get the streets cleaned as soon
as possible , as-such an amount of refuig has
accumulated that It makes the crosswalks
almost Impadiable.
825 ICeivnril.
The above reward will be paid and uu
quonlcna asked for tlie , pockctbook contain
ing rlnga , keys and money lost on 2Cth ana
llarney. Addrcts F CC , Bee.
CITY COUNCIL PROCEEDINGS
Water Works Question Passed Over Owing
, to Absence of Councilman Allan ,
FOUR NEW ARC LIGHTS ARE ORDERED
Mnyor , City Attorney nnd Council
llolil n Secret Sennioii After tlic
HoRtiliir MretltiK- Coimlilcr
I the JVerv Charier.
The report of the special committee on the
watpr works question did not materialize at
the adjourned council meeting yesterday
afternoon. This was on account of the ab
sence from the city of Councilman Allan.
The councllmcn who oppose the proposed set
tlement with the water company demanded
a call of tho'houso as soon as the council
was called to order , but when they were as
sured that the water question would not bo
brought up the call was dropped and the
council took up the regular order of busi
ness where It left off Tuesday night.
The flrat additional arc light that has been
ordered In over a year was directed placed
at Seventeenth and Nicholas streets. This
was declared to bo an emergency Case , as
the corner In question Is absolutely dark. It
proved to bo a precedent , for It was Imme
diately followed up by the location of ad
ditional lights at Fourteenth and Williams
streets , Burdetto street and Military avenue -
nuo and Thirty-sixth street and Ames ave
nue.
nue.Tho
The council again accomplished its stage
trick of overriding on'ordlnancd with a resolution
elution by granting permission to a local
firm to construct a cloth sign over the side
walk on ono of the principal business streets.
ELEVENTH STREET VIADUCT.
Stunt's ordinance ordering the repair ot
the Eleventh street viaduct and approving
the plans and specifications was introduced
and referred to the committee on viaducts
and railways.
The amended curfew ordinance , which was
introduced eomo time ngo , was favorably re
ported by the committee and passed.
An amended market place ordinance by
Mercer extended the limits of the district nnd
also of the market season. Referred to
committee on police.
The ordinance authorizing the employment
of a sergeant-at-anns was passed on third
reading. Burklcy , Duncan and Wheeler
voted "No. "
Immediately after adjournment the mem
bers of the council , with Mayor Ilroatch and
City Attorney Connellj held a conclave In
the president's private offlce. The nature of
the secret session was not explained and
councllmcn assumed an air of mystery when
approached on the subject.
After the members had congregated In the
private office and the sergcant-at-arms had
been placed on guard at the door , Mayor
Broatch explained that It was essential that
the city officials should take some action to
prevent the adoption of some of the features
of the proposed' new charter. These were
discussed at some length. City Attorney
Connejl contended that the passage of the
charter as now proposed would bankrupt the
city. The most serious feature was the
clause which prohibited the issuing of re
newal bonds to aggregate more than $500,000
The renewal bonds already issued reached
about that amount , and the effect of the law
was to prevent the city from Issuing tiny
more bonds of like character. Several other
features came in for criticism and the un
derstanding was reached that the city at
torney and as many members of the coun
cil as could make It convenient would go to
Lincoln this week to endeavor to prevent
the passage of the charter.
Six-Thirty' ' r. M. r-raln.
of the
'
CHICAGO. ' "
MILWAUKEE
, - & ST. PAUL RY.
Best service.
ELECTRIC LIGHTS ,
Dining car.
City office : 1501 Farnam.
"For beautiful sweet peas and other flower
seeds 'go to Neb. Seed Co. . 520 N. ICth.
* _ - ,
'MRS. R. H. DAVIES , MILLINER , has
just returned from the east with the largest
and finest assortment of pattern hats over
shown In Omaha. Call Mondav nnd see them.
1520 DOUGLAS ST.
DIED. '
ANKTCLTC Charles A. . HKO HI years , Wod-
pflKrtny. Mnrrh 3 , 1K17. at Denver , Colo.
Funeral Sunday. Mnreh 7. at 2 o'clock
from residence , 1334 South 2-Hh.
STEOUKHG B. Dora , nprd 11 years 10
months 11 days , beloved daughter of Mr.
and Mrs. John Rtcpbcrgr Saturday mornIng -
Ing- , March C. Funeral from family resi
dence , 40.11 Lafayette avenue. Sunday at
2 p. m. . March 7. Intermr-nt Mount Hope
cemetery. Friends Invited.
( liii.-k !
Leave Omaha 5:0.r : > p. m. EXACTLY.
Arrives Chicago 8:20 a. m. NO LATER ,
THB BURLINGTON'S "VESTIBULED
FLYER. "
Swift , eafe , luxurious.
Tickets at 1502 Farnam St.
Hnydcn llro * .
Henry Lehmann'e entlra stock of wnll pa
per , shadee , paints and glass go on Rile
Monday nt V4 to Mi Lehmann'e prices.
Lchmann'i ) goods were too costly for this
market. He had to close. Our spot casl
secured his entire magnificent stock. Hero
arc a. few prices.
Wh'lto Blanks , odds anr * ends , per roll , Ic
White Blanks , good qvallty , per roll , 2V&C
White Blanks , best qi.allty , 3V4c.
Good Gilts , odds und ends , per roll , 214c.
Flno Gilts , from per roll 4c to Sc.
Jl.OO pressed papers , ISc up.
40c line of Ingrains , 5c.
76o special at IOc.
Llticrusta , Wallons , etc. , at % former
prices. Room mouldings at V4 Lehmann's
prices.
' I HAYDBN BROS.
COMI'LAIN TOO MUCH OU1 T1I15 CITY.
Ilctnll Ionlcrn < Annoclatloit Will
Work for mi Improvement.
The Retail Dealers' association is taking
up the agitation In favor of Omaha mer
chants showing moro loyalty to the city In
which they live , nnd at the meeting nexl
Tuesday night this matter will bo ono ot
the principal subjects considered , In talkIng -
Ing of the need of work on this line A
Hospo , Jr. , said : "There Is too much of a
tendency on thd part of many buslnqss men
to attribute all their commercial troubles
to a poor business. I Know of men who
when they needed no goods In a certain line
Instead of openly saying to the traveling
man that such was the case , would take era
a despondent air and declare that they coulr
not sell them It they had them and for that
reason would order no more. The travel-ing
man only comes In contact with the business
man , and after ho meets a few who glvo
him this kind ot a reception ho Is not to
bo blamed If ho goes away and circulates
the report that the city Is dead in a commer
cial sense. What we need among our busi
ness men Is a llttlo moro charity for con
ditions , which will cause them to speak well
of their city and not attribute every ill to
the lack of advantages tor business. The
retailers will try to Instill this doctrine
through a vigorous campaign In behalf of
loyalty to the city and Its Interests. "
Mr. Hospo also said that thcro were other
Important matters to come up at the meet
ing next Tuesday evening , In which every
retailer In the city will bo Interested. He
said another visit will bo made to Chicago
In a few days to call upon the commission
No. 4 to endeavor to secure another reduc
tion in Insurance rates as promised by the
commission seine time ago.
Gordon DlHitoHCM of Kniiilly Trouble *
The Flske and Walters imbroglio , which
has disturbed the neighborhood about Thir
tieth and Hamilton streets and was flnnllj
brought Into police court , was temporarily
finished yesterday. H. D. Flske was con
victed on two cases of assault and battery
and fined J10 nnd costs on each. 13. M. Wal
ters was lined $10 and costs on the charge
of assault and battery. T.io other two
cases , which were against the women of the
families , were dismissed.
A special mass meeting w'lll be held by
all the paper hangers ot Omaha at the Labor
temple , 17th and Douglas sts. , at 3 p. m.
Sunday , March 7. All Jobbers are corcl-lally
invited to attend. COMMITTEE.
For your furnace use Wear Nut coal ; ? 4 per
ton ; for sale only by D. T. Mount. 209 S. 16th.
FOR
NO ONE DIES
of Pulmonary Disease
who takes " 77" in time.
Twenty per cjnt ; one person
in five ; die of Pulmonary dis
ease ; Colds. Grippe , Pneumonia ,
Consumption , who could be
saved by the timely use of " 77 , "
Dr. Humphrey's famous Specific.
Since " 77" cams into general
use , the fatality has decreased ;
nnd it only remains for its adop
tion as a national ramedy to rob
our climate of all its terrors.
Dr. Humphreys' Ilomeopathlc Manual of Dis
eases at your Druggists or Hailed Free.
Sold by druggists or uent on receipt of 23 cents
or five for * i. Humphreys' lied. Co. . Cor. Wll-
'
Vose & Sons' Pianos ,
New conditions have arisen , nnd the firms that glvo thp greatcBt values will
sell the pianos In the future. Why can we make prices that cannot bo dupll-
cnted ? Because we Buy for Cash. Have Lo'w Itent and Pay No Commissions or
salaries. Wo sell Pianos on a profit that would not pay one-third of
the expense Incurred under the old conditions. We have no competitors.
The only place you can purchase NEW Ivors & Pond , Vose & Sons and Emerson -
orson Pianos , Waterloo Organs.
G 1. < r 11rn cc Mueiier N. wCol % . 1stn nn(1 Bodjjo Streets.
aclittioiier , 3ra Fj0or MCCHBUO UUIWIUB.
A , C. MUELLER , PInno Tuner. Telephone 1023.
SPECIAL MARCH SALE OF FURNITURE
The following arc some of our great reductions in our Special
March Sale.
lU < luced lleiluced
from To from TO
. . . > < I JS.OO Mahogany Divan , . . , I 28,00 I 19,00
,
1 Mahogany B deboard. . t.oo Mahogany Tuboiet . . 12.00 6.00
' .
1 Mahogany Inlaid 'Jnlile. . ( .00 B-iiluce Mahogany I'arlor Suit 12J.OO 63,00
1 Mahogany I'arlor Table 1.7S S.jilrce Mahogany I'urlor Suit 4S.GO 21.00
Oak I'urlor Tutle. . . too.oo W.M Inlaid Mahogany Plvnn. W.OO 44.00
Oak Sideboard 100,00 47.M Arm C'lialr , tatl/i dnmafk 00,00 24.60
.
SUcboard . . .
MahoKany . .
, 25.00 H.WJ
Oak Tea Table. . . . . . . . . . . 12,00 K.OO 0.00 t > M .MorrU Illicit Divan Chair , 19.00 7.00
White Maple Ten Table . ' Cans tit 3C.OO 22.00
65.00 87.00 ( ( imblnudun Hook U ! i
.
Mahogany Inlaid Table. , M.CO 12.00 5-i.Jrce rarlcir get , E.1.1K ) t'J.OO
Inlaid Salln Wood Table , . 28.00 u.oo
Illrch Bet.
. 100,00 S-I'lcce
' Cabinet. . . , , IW.lO
Onyx I'arlor Hnfa. . . 125.00 73,00
. 1 I/cather
' Dcfils. , . . . . , , 21,00 12.00 /
Birch Indies' Corduroy Couch 28.00 18.00
. 4.50
Oak ladles' Peclf. . . , , , . . . 6.00 11.00 Fine leather Couch , S3.00 r -.oo
Vernls Martin I > k. 55,00 20.00 12.W MnhOKany Dlnl'iK Tablo. . IS".CO ico/.to
.
Inlaid MahoKany llocker. 2S.OO. 11,00 Munis Kolllnir lied 76.00 46.00
Mahoeany Hoclier . , Velour Cmirh , KM 16.00
40,00
75.00
Mqhoeany I'arlor Cabinet ij.OU 8.00 IMiaru Couch . . . . . . . . , . . , . , , , , . lOO.dO 12.00
Mahogany Blmvlne Htand . 1.00 Hat Hark , . , . Kl.OO 22.00
- . . 1Z.OO
,
fat ,
MahoKany IlocUer , kiilher f < 15.00 Hall IlutU , , 100.00
" "OHAS. SHIVJSRICK oc CO. ,
Special March Furniture Sale. I2th andk Douglas sts ,
"The Ororlmul Limited. "
To Utah In 20M hours , California In
bourn via the UNION PACIFIC. This 1
the fastest and finest train In the wwl.
Tickets can bo obUlned at city ticket office ,
1302 Farnam street.
Hot wntcr fronts & bucks for all cooks A
ranges. 1207 DoiiKlns. Om. Stovn & Itcp. Wrka.
THE REASON WHY
\Ve rcpubllih thin r > recrlptlon l thnt we know
It's one of tlic licft upil for coURlm , nnd eold
liccnuse It'n urcfcrlbod by n number of peed
phyMclans nnd then It paves you a trip to thf
doctor nnd 12.00 IxMdes.
Ammonia Muriate . . . . . .1 dr
I'nroRorlc , 4 dm
Pyrui > ot Squill Comp. . . . . < dm
8ynip of Wild ChPiry. , . . , i oza
Mix Tnke trnFponful every S bourn.
fond Lily Crenni. . . , , Ko
Kcypllnn Lotus Crcnm. . . IM
William's 1'lnk rill 3Ja
lloblis HpnrnRUS Kidney rills &O
rnlne'n Celery Compound f'G
Poutli American Kldm-y Cure. i. . , 7Sa
Mclnchol COo
Jnyncn * Expectorant > 7.V >
I'p-ru-na , , , , . , TSo
Mnltlno , , , . 76o
Phillips' Cod Liver Oil t. . Wo
Cnmnlo Juniper , . , , , , , . ,11.CO
I'ond'n Rrtrnct , 33o
Klrney'g Cntnrrh 1'owdcr . * S a
I'lerop's T-'nvorltp Prencrlptlon 2
Duffy's Malt YVIiUky Wf
CUT PRICE
DRUGGIST. *
Cor. Kith niul CIilviiRo Sts.
First Attorney ' 'John , how
many oa ies huvo you had the
pint month } ' '
Hill ( c'ntchlim his head )
" 1'luts or 0,11:1 : rti } "
KRDG'S
CABINET
BEER
Is sold In either pints or
quarts , dull VIM ud to
your h o m o fruuo of
uhuigc.
uhuigc.Call up 420.
FRED KRUG
BREWING CO.
CO.'T
'T
SUCCESSOR TO
EMORY GRAY
. . ,
213 N. (6th ( St.
OUR
CUT INFer
For a SUort Tlmo We Will Make Our
12.00 Cabinet Mantellos. glossy finish ,
dozen $1.00
$2.50 Cabinet Mantellos , carbon finish ,
dozen Jl.HO
$3.00 Cabinet , nrlnto finish , dozen $1.75
$4.00 Cabinet , carbon finish , dozen $2.7&
$5.00 Carronas , dozen i.$3.7&
I < nrKU Worli in Proportion.
If People
Only Knew
They would tumble
over each other to pet
SHUIIIUAX COAL.
Throw aside your prejudice , -try
it , and be convinced. Sold under
an absolute guarantee you
take no chance.
VICTOR WHITE ,
Tol. 127. 1605 Farnam
THE DENTIST.
Pioneer of Reasonable
Prices in Dent stryin Omaha ,
IB Yoora * Experience.
Office 3d Flozr I'.ixtou Ulok.
Ifith and Farnam St- * .
TEL. 1 < > 85. LADY ATTENDANT.
Cull Bet Tvotli $50"
ItestSol. Tuoth $7.HO
Must Tooth , thin plate. . . , $ IO.OO
lirldKoTuoth $30(1 (
( idlrt Alloy KllllliK $1.00
i I'uroObld Fillings $2.00
Gold Crowns $5.OO to $8.00
A3IU.SH.MKXTS.
telephone , IJJI.
THE CHEBGHTGft IUUJV & UJUij
Mats.
TODAY TON.'GHT
2:30 :
Lewis
Morrison
Heatn on sale 2ic ! , COe , 75c , J1.00. Jlatlnce
Ka nnd COc ,
March 9-CISBY
THE CREIQHTOHMars.
Mars.
Olio MrM Only TH CHclny , Miircli O ,
New York's Jolllctt Bucceps ,
-THJE FOTJNUI * NG-
Management Clmilcn Frolimnn , with Ilio great
and only
cissv Krr/.cKitALi ) . ;
Bents on Mil" tomairow , Kc. COc , "Cc , (1,00.
March 15-1C T1113 UANUAIUN.
RflVIV < 5. ) rv.M.n ( Unhcardof
D'I U iJ | f Minstrel Hrcc !
MATlMCIJ 'I'lUJAV TOMBUT , Klin.
20th CENTURY MINSTRELS
l ( I'HOI'I.K AI , ! , VV TO DATl'j ,
Itcfcrycil HCiitt" , . llrnl Moor , COc and 2Gc ; all
balcony , 25c ; Kallery , I5c , Wnlncujny mall-
nee , nil eeatH , 2c.
March 11-13 "CIIIMWIK KADDHN. "
BO YD'S | ' ' EXTRA.
"In : winy nrid Friday MAD II IO 1Q
unU Haturdny Mntlnee , IH " " ll * "
riiAin.is ; IIOITKII , in
CHIMMI PADDEMT
SI'ICCIAI. IMIICIJH.
Z5e , Me. COc7So mid 11,00.
Bale opens Manduy , March , 'J n. m ,
NEBRASKA MUSIC HALL ,
13CW JouBlas. (1EO. MITOII UiU 1'roprlotor
' rforiiiiiiu'f lOvi-rv Nlulit from H ti > tit
For this week , II ret appearance of Jim Pillion ,
n hU original ton and dance , "Oolne 1'own to
N'ew Orleans ; " Clara Doyle , Unhung jig ami
on them itel nrllntj IMIth Flower * and May
Cameron. I.o I.u He-no , mile Norma , Harry
ingood , Joe Oshorne , Nellie Hand , Mam Camcion ,
3lK Almon Krenyl and Mae Dayton.
t'HKK AD.1IIHSION.
IIOTULS.
BARKER HOTEL ,
AN JO.MJS 8TIUSBTS.
140 looms. Lathi , ctcam heat and all modem
conveniences. Hates , II. W and (2.00 per 'day.
Table unexcelled , tipcclal lour rates to regular
io rdcr . _ DICK SMITH. Manager.
MERCER HOTEL
TUB Illi.ST
$2.00 a day house in the west.
100 rooms U.OO rr day. ( D room * with bath.
I.W i > tr day. Special rates by the month.
\V1\1C TAVI.OK , Muunuvr.