THE OMAHA DATT/X" BEE : WEnN OCTOBER 13 , 1807 , DELAYS 'GENE ' MOORE'S ' CASE Inability of Attorney General Smytli to Bo Twice at Oaco. GETS A STIPULATION ON POSTPONIMINT for ninmUinl Wilt vit Arnurd llcforc .Iinlur CornUl' on tlie U.-.tli tit Oclolicr i'"rnnlt Dorm1) ' Cnxc. LINCOLN , Oct. 12. ( Spcclil. ) The ca c of the State against Eugene Moore , which was to have come up today In district court before Juilgc Cornish , went over by stipula tion until Cctobcr 25 , Attorney General 3myth , who Is engaged In Omaha on the Hartley cape , said that It would bo Impossi ble for him to be present to argue the case at this time , T.ie argument would have been or. a motion nude by Moore's attorneys to dismiss the cato on the ground of non- Juidsdlctlon , bringing In the old contention that 'Moore Is not liable for the money col lected from Insurance companies. The Jury -van called this afternoon In fed eral court In the case of the United States against Frank Dorsey , whoA \ charged with falsifying thu records and books of the First National bank at Ponca , Neb. There are flvo Indictment ! * . Dorsey was cashier of the bank and ItIs alleged he falsified the rec ords and ihus embezzled a large sum of money. Attorneys Lanibcrtson and Hall , J , W. Iurm ! and E , F. Grady are defending Doiscy. The case Is being tried before Judge Wllfion of Iowa , while Judge Munger Is occupied In the damage case brought by Mrs. Annie Ulado against the city of Lincoln for Injuries caused by a defective sidewalk. The latter case has been on trial yesterday end tuday. The Good Templars of Nebraska will hold their grand loilgo tomorrow and Thursday. Open moM'tiigs wilt be held both Wednesday and Thursday evenings and good programs have bucn prepared. The grand lodge of the Knights of Pythias convened In Representative hall today and will continue tomorrow. There la a large attendance. Among the speakers today were Supreme Chancellor Philip T. Cosgrove of Hastings , Mich. , and 'Major ' General J. R. Carnahan of Indtatupolls. It Is understood that the next session ef the grand lodge will go to Omaha. Grand olllccrs elected tonight are : Chan cellor , II. M. lloydston , Nebraska City ; vlco chancellor , 'W. ' W. Young , Stautou ; prelate , George 13. French , North Plattc ; keeper of records and s.'nln , Will L. Lave , Lincoln ; master of exchequer , Wright. Lincoln ; master at arms , John W. Wltlse , Ran dolph ; Inner guard , J , U. i.ambournc , Ilcn- natt ; outer guard , E. H. Grist Tccuinsoh ; trustee , S. S. English , Eagle ; supreme repre- eentctlve. Will L. Seism , Omaha. GpVERNOR HOLCOMIi IS ILL. Governor Holeomb ' .van seriously 111 lasl night and a physician was called In. He Is nomuwhnt better today , but there are fears that lid may have u. run of typhoid fever. The fusion forces arranged to open the state campaign here by a big rally at Do- lianan'o hall labt night. The principal speak er advertised was G. A. Abbott of Richard son county. Whrn the time for thn opening of the .iiectlng arrived less than half a dozen people had gathered at the hl | and the rally vas abandoned. Or.o reason for the failure Is the gener./ apathy of the fusion vo'crs here , and the otlur Is that one faction of the fitato house crowd ,1ld not want to have an audience out to hear Abbott and made an effort to keep the people from attending the meeting , The trouble grows out of the fact that Abbott Is being groomed by the outside counties of the First district as a candidate for congress next year. This Is distasteful tea a part of the state house party , they openly asserting' that Richardson county already has more than Us share of the spoils. The Jennings State bank of Davenport , Neb , , has been authorized by the state bankIng - Ing hoard to Increase Us capital etock to $15,000. The bank has formerly had a capital of $10,000 and a surplus of $5,000. Omaha people at the hotels : At the Lin- doll W. A. Travis , J. C. Gund , G.'M. Wright , A. M. llcach , John D. Howe , Charles Offut , J. T. Garley , LouisDerka , John C. Wlmrton , 13. Wakcley , 'E. ' E. French. At the Capital F. M. Vim Der Voort , W. W. Enst- inan , A. J. Tomllnson , Jainca Allan , R. D. Leach , George W. Painter. At the Lincoln A. W. Kinsman , C. E. Squires , Charles T. Rogers , R. I ) . Klmball , John A. Krug , Jamca C. IJlrncy. I1APTIST VASTOHS SESSION. Conference for Miitunl Hrlp IN Held ni I'nwiirt * City. PAWNEE CITY , Neb. , Oct. 12. ( Special. ) The conference of Ilaptlst pastors of Ne- ibrnski met at the Baptist church yesterday , Dr. W. W. Everctts presiding. The commit tee on nominations , consisting of the follow ing parsons , Green , Bedell and Tyaon , re ported as follows : For president , Rev. J. E. Conner ; for vice president , Rev. F. M. Omlth ; for secretary , and treasurer , F. M. St'nkvant. Upon motion the report was adopted. Addresses were given by Dr. E. B. Hulbert upon "Tho Reformation Under AVycllf and Humanism" and Burton upon "Qalat'Iona. " In thu afternoon addresses were given on "Pastors' Helps , " by Rev. J. D. Pulla and Jlov. F. M , Smith , A paper upon "Pastors' Temptations , " by Rev. Mr. Schlosser , was read by Dr. Everetts. A general discussion on pastors' helps was led by Rev. Mr. Folscin. A general d'lscusslon on the Lord's Supper nnd baptism wis led by Dr. Hveretts. A lec ture on "Galatlans , " by Dr. Burton was fol lowed by talks by Drs. Hulbert and llurton upon the Chicago university. In the evening an address was given by Dr. E. B , Hulbcrt upon "The Influence of the Greek Testiinunt of Erasmus anil the Influ ence of Tyndall's English New Testament" and an addreui by Dr. E. D. Burton upon the theme of "The Kingdom and the Indi vidual. " G'O.VtiUKHA'riO.VAMSTS CO TO YOU 1C. Aiiiiinil Mi'i'tliiKM to lie llelil In Unit City Til INVcck. . YORK. Neb. , Oct. 12. ( Special , ) -The Ne braska Association of Congregational Churches will hold Us annual meeting at York next week , A largo number of minis ters are expected , The entertainment of the visitors will bo 011 the plan as adopted at the Harvard meeting of last yea- . Lodging IB provide J free and meals can bu obtained at rcdurrd ralex. The program that has been iireparcd Includes among those who will par- ' tlcIpAte the following pastors throughout the Blate : S. I. Hanford. A. E. Rcckcr , S. .Wright . Ilutler. A. N. Hitchcock , L. H , Btoughton , M.V , Morsu and H , A , French. llev. C. H , Talntor of Chicago and Mrs , II , B. Uaewell of New York will also bo present to toku part In the proceedings , lK * vltli KlKlileen M FREMONT , Neb. , Oct. 12 , ( Special. ) Colonel T. J. Dunlap of Council Blurts , or ganizer of the Union Veteran union , organ ized a command of the order hero last even ing , The following olllccis were elected and installed : Colonel. J. II. Showaltcr ; ilcuten- ent colonel , L. S. Russell ; major , S. F , Stiles ; surgeon , W. A. Edwards ; chaplain. W. II. I'attcrs.'ii ; officer of the day , Cyrus Garwood ; adjutant , F. E , Wlckwlro ; quartermaster , W. C , Wllkle , Tjio now organization was named Joe Hooker command , No. S , and starts In ( with eighteen members. Membership In the order U limited to honorably discharged union soldiers , siljord or marines who served at least lx month * continuously and pattlcl- paed ( In cue or more engagements. I'liltoil Prchliytrrliiu Synoil. PAWNKB CITY. Neb. , Oct. 12-(3peclal.- ( ) The United Presbyterian Synod of Nebraska . will convene In the Second church In this city next Thursday , llev. II. V. Cornln of LovclanJ , Colo. , on the evening of that day . will preach the opening sermon. The sub ject for dlscusalon on Friday morning Is "Proportionate Giving. " The conference proper closes on Saturday evening with an ad dress by President Thompson of Tarklo col lege , but spcclnl nerinonq will be preached on fiunday by Rev , K U. Foster of Omaha and Her. jr. Q , Kennedy 9 * Denver , and la the afternoon a conference will bo held to dis cuss the question of whether young people's national conventions arc beneficial. .NA.MH Tinifii JJmivrY TICKHTS. I'ollllcnl I'nrtlcn Tnko tlic Prelim inary Step * In ( lit * C'iiitiiiiluii. | NORFOLK , Neb. , Oct. 12. ( Spcclil Tele gram. ) The republican county convention Tor Madison county wan held In this city today. Colonel J , E , Simpson was chairman an I Fred Fulton secretary. The following nominations were made : B. 0. Hcllman , county clerk ; II. C. .Miles , treasurer ; J. J , Clements , sheriff ; R : G. Mossman , super intendent : James Nichols , Judge ; Dr. E. Tan ner , coroner ; A. J. Thatch , surveyor ; H. G. Ilrucggcman , commissioner Second district. The convention wag largely attended , every precinct being represented , and It was har- ir.tnloiig throughout , All the officers except Judge , superintendent and commissioner were nominated by acclamation. CENTRAL CITY , Neb. . Oct. 12-Speclal ( Telegram , ) The topubllcatva held an enthu siastic convention here today and nominated the following ticket : For treasurer , W. Spel- lance ; clerk , Emll Becker ; sheriff. J. II. Sutton - ton ; Judge , P. S. Hcaton ; superintendent , Anson Holmes ; surveyor , W. IH. Durcanson ; coroner. Dr. Gregg , The ticket gives general satisfaction and will receive a hearty sup port. PAWNEE CITY. NeOct. . 12. ( Special ) The republicans held their precinct caucus In the court house last night and nominated the following ticket : Assessor , Jacob Weber ; Justices of the peace , John McAllister and W. 1) . Perry ; constables , E. W. Davis and Hcenan Saundcrs. HIIiVKIt OHATOKS RKT M ) IIKAKKIIS. l'eo | > Ie Slay Aivay nnil SiiceelicH An nulment Are Not Ilcllvcrril. GRAND ISLAND , Neb. , Oct. 12. ( Special Telegram. ) Congressman W. L. Greene was announced to speak yesterday aflcrnoon at Wood River and laat night here. Neither speech was dcllve'rcd. There was no audi ence at either place. The populists are much disappointed and arc at a less to explain the falling off of Interest In their faith. CENTRAL CITY. Neb , , Oct. 12. ( Special Telegram. ) Congressman Greene spoke here tonight to an audience of about 1 0 , many of whom were republicans. He stated that the republican party had never passed a law In the Interest of the American laborer , that a man did not have to know anything to belong to the republican ixi.ty. He said the recent fusion convention was not a fusion , but only a union. SIDNEY , Neb. , 0t. 12. ( Special Tele gram. ) The fuslonlsts of Cheyenne county opened their campaign here tonight. State Senator iFoltzand Hon. George V. Roman were the principal speakers and held a large audience for two hours at the court house. The Sidney Cornet band furnished the music for the occasion. for Mutual IiiMiimnee. FREMONT. Neb. , Oct. 12. ( Special. ) A meeting of the business men of this city was held list evening , at which It wan de cided to at once take steps for the organiza tion of a mutual fire Insurance company. The committee which was appointed at a previ ous meeting to look Into the matter and es pecially examine the plan of the Mutual Pro. i tectlve Firs association of Seward , reported i favorably In regard to It. The new company will be reorganized as soon as possible. It will be wholly under the management and , control of Fremont men and those In favor ; of It express thlr confidence In their ability to furnish safe Insurance at rates much be- low thoio n.w paid. I Orator Without nn > Audience. I TALMAGE , Neb. , Oct. 12. ( Special Tele- ' gram. ) A. J. Weaver , the free silver speaker ! of Falls City , Neb. , and son of ex-Congress- ] luan Weaver , who was advertised lu Otoe ] county populist papers and also In the Omaha ; World-Herald to speak here today , came ID I on the noon train. No one met him at the ! depot. Ho came up town and , after an hour or two , he found the populist commltteeman , D. W. Livingston. After a consultation It was announced lhat as the meeting had not been advertised there would be no speaking. Mr. Weaver left this evening for Dunbar , where he Is billed to speak. SoldlerN Il.-luriilnu to the Forl. GREENWOOD. Neb. , Oct. 12. ( Special. ) Four companies of the Twenty-second United States Infantry arrived hero this morning on their return trip to Fort Crook. They will camp here for the night. Arrangements are being completed for the soldiers' reunion , to take place next Friday and Saturday. A light shower of rain fell last night. To day Is clear and cool. \VltiifNiPH Ilefure ( lie Rriinil Jury. OSCEOLA. Neb. , Oct. 12. ( Special. ) Sheriff F. J. llahn and Austin Jeffrey have been putting In part of this week at Lincoln bo'ore the United States grand jury , they having besn summoned to give testimony In a case against Mr. Kllcnham of David City , who was charged with bootlegging here dur ing the county fair. IliifKlnrH Kiiltl u 1'oNtolllce. PIERCE , Neb. , Oct. 12. ( Special Tele gram. ) Thieves entered Ihe postofilco at this place and secured over $200 In cash and about $300 In stamps from the cafe. As yet no clew has been discovered as to the- idea lity of the thieves. Hour Cliolern In .loliilNon County. TECUMSEH. Neb. , Oct. 12. ( Special. ) The hog cholera is prevalent In Johnson county this fall. Big losses arc reported , In some cases whoo ! droves. XeliriiHlia NIMVH Xo ( 'N. Arlington petplc are making an effort to se cure a creamery. The town board of Burwell has refused to giant a license for a saloon. The Havelnck Times has Just moved Into new and more commodious quarters and In creased Its facilities In prcportlon. Washington county will vote this fall on the question of lefundlng $83,000 worth ef bonds Issued to aid the Sioux City & 1'aolllc rail road. road.E. E. E. Shulcr , a Havelock merchant , laid dawn a box , which contained his day's re ceipts , about $130 , while he watched a row between several men , and now the box and money are both missing. The teachw In one of the rooms of Nor- fo'.k's sclrols requested her pupils to com pose a rhyme , and the following was the re sult of one Iml's laborious efforts : "Billy Bryan eat on tha 'fence trying to make a dollar of fifty cents. " Eddie Grlfilth cf Sidney Is In hard luck this season. He has just rccove'e.1 the usu of his limbs after a fall from 'he McLernon building , and on Monday while he and Leon Urback were fooling with the business end of a twenty-two target gun , It went off and tore a slice of llrsh out of Eddie's hand. The safe of John Martin of Trumbull Is not 83 ornamental as It was ; burglars b eke Into his store on list Wednesday night and wrecked tiio safe , but got none of the con tents , J , H. Rothwell , who sleeps In an adjoining store , heard the explosion , lit d lamp , the light from which shone out Into the street In front of Martin's store , fright ening the burglars away. Frank Sedlacck , a 17-year-old boy , has been brought to Valentino charged with murder In the first degree , The preliminary healing Is set for October lt > . fly some It Is bellovexl that Frank either purposely or by accident shot ami killed his 11-year-old sis ter , though tbo lad stoutly maintains that she aliot herself accidentally. Only the two chil dren were at home at the time of the terrible affair. llevlouo DellnllloiiN , Nobody- prominent woman's husband. Gossip A deadly gas that Is often fatal to frlerrtsalp , Thuri'er Tlio only reliable weather report > et dUcovcred. Statistician A man who can prove that flgurts always lie , . Hammock An article used as a spoon- holder at a love feast. Perambulator A good thing that but few men care to push along. PoiustrUn A rersoa who Is always getting In the way of a bicycle. Matrimony A sort of trust for the protec tion of Infant Industries , Because Eve's legacy to her daughters as en excuse for the Inexcusable , Experience Ecincthlng everybody gets after U 'Is too late to make ute of It. Faith The thing that makes a bald-headed man Invest In a bottle of hair reatortr. Definition Something looked up In the dictionary today tuid forgotten tomorrow. OPEN LETTER TO OTTO S1IITZ Chairman cf tin Investigating Coaimittee is Called oa to Roapoatl. PRDF , GILtESPIc DEMANDS AN ANSWER ( lint Hilie iSlvrn nn ( liinr- | luiillv In Dcfrnil lllniHolf ClinrwcH Hint Arc Haw S OMAHA , Ort. 12. Otto Mutz , Chairman Legislative Committee : Sir In the month of June , 1S97 , about thu 8th of the month , your commutes , commenced what purported to bo an Investigation Into tbo affairs of the Institute for the Deaf and Dumb In Doughs county , of which Institute I was at that time superintendent. 1 afforded you every facility for that Investigation. I delivered to you the books and vouchers containing the accounts of thn Institution , and to the extent of my power aided you. The Investigation was a strictly private affair ; my attention wss not called to any claimed discrepancies , nor to any so-called shortage , nor -was I ailvlsiM of the commit tee's claim that there was any shortage , ex cept through the newspapers , and from hav ing heard that such claims had beenmade to others , The committee completed Its Investigation about August 15 , and left the Institute wlthuut In any way Indicating to me the manner In which results wu c obtained , although 1 was there in waiting , as your committee well knew , to check up with the committee. The statements In the newspapers that the com mittee's report showed a shortage In my ac counts was first published about August 10 , 1S97. 1S97.After making repeated efforts to be al lowed to check up with the committee's re port , about the 10th or 12th or September I commenced going over the books of the In- Etltute , and had partially completed my work when I was denied the further use of the books , and thus was not allowed either to check up the work of the committee or my own books. About August 15 Mr. Silver , who was the committee's expert accountant , promised inn a copy of that report , He dlil not keep his promise. On August 17 I went to Lincoln and saw Governor Holeomb and requested n copy ol that report. The governor said the report had not been flldd with him and referred me to you , saying you had the report. 1 saw you that same day and earnestly re quested that report , saying my reputation was at stake. You promised me It should bt , sent me at once. You did not keep that promise. CORRESPONDENCE OP NO AVAIL. On the Iflth day of August I wrote , anJ telephoned you the same day , fearing in my anxiety that you might not pay attention to my letter. I said It was most Important that I should have that report , that 1 might check up my books. You answered I was entitled to thai report and should have It Immediately. I have not yet received It. My letter WHS as follows : OMAHA , Neb. , Aug. 19 , 1S37. Hon. Otto Mutz , Norfolk. > * el > . : Dear Sir The copy ol your report made upon this Institute is not yet received. I insist that n copy giving In de-tail the items on which findings are basci ! bo furnished now , that I may be nble to make comparison with books. An Immedi ate response with copy called for will be ap preciated by me. Yours truly , J. A. GILLESPIE. Your answer was as follows : LINCOLN NcK , Aug. 20 , lS17.-iMr. ! Gllles- ple , Omaha , Neb. : My Dear Sir 1 have this day pent your Iptter to Mr. Silver , i.vlrt the request that he at once for.vnr.l to you a copy of the Items upon which our flna statement Is made. 1 am certain that It will be Impossible for us to furnish you with u copy of the entire debit and credit sheets * as made up during the Investigation. This report and these findings are the result of a vast amount of work and it would require a great deal of time to do It. You will know- how-over , bv the findings to be sent you , In which funds the shortages occur and can have a very good Idea W'Sere to hunt for the fiil c entries. Would It not be well to get a man In whom you have perfect confUtence to go throuch the books and make you a statement ? This committee iwould be pleased to have you do so , as It courts the clonest fcru'.lny of the work done by It. Hoping that you may receive statement at an enrlj date , and that you may be most fully sntls- fipil of the correctness of our work , I urn yours respectfully , OTTO MUTZ. SILVER ALSO HOLDS OUT. No copy was furnished me. and the books were , as I have said , kept from me. Not re celvlng the report , and my anxiety being greatly Increased by the attacks upon my reputation , and prevention of opportunity to moat the charges against me by the withhold Ing of the report , I wired Mr. Silver as follows lows- Autnist 2."i , 1W7. W. M Silver , Indu tr'a' ' School , Kearney , Neb. : Have you sent the report ? Not yet received. J. A. GILLKSPIE. To which ho replied as follows : KEAHNI3Y , Neb. . August 25 , 1S ! > 7. J. A Glllesnle , Omaha : Will file- complete renort In few days , also copy. W. 11. SILVHTl. The report has never been filed , that could ascertain , and I have not received a copy of that report to this day. Daring all this time , as you and your com mlttee well know , attacks wcro being mad on my reputation , based upon this suppressc < report , and I was removed from ofilce b > reason of It. While my reputation was being thus as silled , this cunningly contrived method wa adopted to prevent mo from defending It This method of political persecution I wll endure no longer. If you are an honest man If you hive any Intention of being fair , I you arc not using your oillclal position to op press me , you will not deny to me that prlvll ege which Is granted to the lowest of crlml nals. the right to know the charges agalns him , and to have them officially set out tha he may defend himself. It should make no difference that I am a republican , and you are not. You have the position which your part ) coveted. But you shall not deny me a ccv of the charges against me , nor a chance t vindicate myself from them , whatever the ) may bit. Respectfully , J , A , GILLESPIE. HOW TIIR lll'SV IIISIS UOTII. DIIIIHITH of K\liiuiK < liur flu * Sti'ii 111 In tin * Human Ilnllvr. At this tlmo of year , when people are re turning from their vacations ; when many or coming home to rest after a srasrn of activity and dissipation , and when many more ar rotuinlng with freshened energies for th battle with the world , It might be well to re member , says Leslie's Weekly , that there I such a thing as overdoing and undoing one' eclr even after the annual recreation. Th prosy moralists , .from our boyhood days to man's estate , never tire of quoting the ex ample of the busy bee who Improves eacl shining hour and gathers honey who ever h I may find It. Of cotirso the Interests of virtu I demand tint this active worker should llv to a good old ago and go down to an honorec grave with the love and esteem of animal and Inanimate nature , Hut listen to th testimony of the latest writer on this Inter ojtlng Insect : "The bee's life Is ruthe short , " ho says ; "not over forty-five o % flft dajB long In the busy season of summer In winter , however , a period of comparatlv Idleness , It IB estimated to extend over much greater length of tlmo , but , with th exception of the queen , no bee lives to b a year old. " This is at. age of grim reality and the : facts about the little bee may seriously dls courage the lessons of our youth , They show that when the bee works overtime , stppln from the Innocent flowers , pofslbly Includln a few wild oats , ho Is shortening his llttl life , but when he strikes a season cf coin paratlvo Idleness he lengthens his days , I Is well to work , but , In the Interests of th mortality rate , do not work too hard. A OHAMIMOTIIHII AT TIIIHTV-KOIJn The iiiIiuiIlktlnctl ; ( > ii of -\cvt-Yuri \Viiiunii. Mrs. Sarah Davidson , handsome and enl 31 years old , gives one an entirely new notion of how a grandmother may look , eay the New York Journal. Of course , she Is th exceptional and unique grandmother , Nether other woman as young as she bears the till la New York , end perhaps no one In th entire country , And such a proud , energetic h-i'py grandmother , tio'Vbj - , * he wouldn't exchange the title for a corn/iei. / Just a week ag > today tue event happc-nsd Which gave her the light.o pall herself < i randmollur. H by Beatrice , Esther Drift pencil her soft brown eyes to this world .ist Monday and beheld her youthful grand * nothcr and her own dainty mamma , the .ittcr only 20 years old. . 'Altogether , the hreo generations of the Kenllc- sex ha\o nothing to complain of on the score of youth or gosd looks and a hacpy Irlo they make. Thtrr Is a loving war { letwecn Grandma lav'.dson ' and Mamma Drill at to which shall iold llaby Ueatrlce the greatest number of iours In the day and thereby discover all orts of rcnmkible Infantile cU.rms. Even to the unprejudiced , observer Baby lea'rlce Is -charming , sweet tempered little ill of daintiness as she lies contentedly In her grandma's lap and stares In Innocent wonder t this st angc world about her , rhpre Is a strong lescmblancc between Mrs. tevldson mid her grandchild , and the mamir.a says frankly "I always thought my mamma irettlcr than I , and baby docs look Just like her. " All . \HNiirincii ( ( of IK-clMouM from ( lie COIII-IM of | | ii > Lund. Tha fact that a person Is blind Is held , In Xachary agalret Mobile & . 0. II. Co. ( Miss. ) 3G L. 11. A. . 510 insufficient to Justify a car rier In refusing to accept him as n passenger. For the loss of the fingers of a little child who puts her hand up the spout of a coffee grinder In a store or shop , while there with her father to make a purchase. It Is held In Holbrook against Aldrlch ( Mass. ) 30 L. U. A. , 41)3 ) , that the shopkeeper la not liable. An ordinance regulating the number of hours In which laborers and mechanics shall be employed on the public works belonging to the city , and making Its violation a mis demeanor. Is held In State against McNally ( La. ) 30 L. n. A. , 633 , to be Invalid , as the legislature only can create such an offense. Voluntary Intoxication Is held , In Harris against United States ( D. C. App. ) 30 L. H. A. 105 , to be neither an excuse nor a palliation for the crime of murder. In a note to this casa the great number of authorities are complied on the question , "What Intoxication will excuse crime ? " An evident and notorious abandonment of a public road , with thu physical closing of It , known to the municipal authorities , on the faith of which private parties have expended money In Improvements , Is held , In Haldwln against Trimble ( Md. ) 30 L. H. A. , 489 , to constitute an cstoppal against the reasscrtlon of the public uesemcnt , The assumption by the engineer of a train tint a person on the track will get off before the train reaches him Is held , In Gunn against Ohio river K. ( W. Va. ) 30 L. R. A. , 575 , to bo Improper when the person on the track Is a child of tender jears , or one who 's ' plainly and obviously disabled by deaf ness , Intoxication sleep or other cause. A certificate of deposit reciting that It Is "to bo left six months , " and adding , "No In terest after maturity. " Is held , In Towle against Starz ( Minn. ) 30 L. U. A. , 403 , to be p. time , and not a demand , certificate , and that to hold an ladorser payment must be demanded at the end of six months on the list day of grace. Ar , ordinance limiting the speed of driving on streets to six miles an hour Is held , In State against Shsppard ( Minn. ) 30 L. K. A. , 305 , to be Inapplicable tea a salvage corps responding to an alarm of fire , and as to them It Is held that the restriction Is unreasonable and Invalid. A note to the case shows the c'ther decisions on the regulation of speed of ve hicles in streets. An aged woman riding In a funeral proces. slon in a carriage driven by her daughter-in- law , when it was struck by a'street car at a crossing , Is held , In Johnson v. St. Paul City Hallway company ( Minn. ) 30 L. H. A. , 580 , to be not chargeable with negligence , al though she did not lock or listen for ap preaching cars , but relied entirely upon the driver. The fact that a woman. Injured In a railway- car was stunncd-and after recovering con sciousness was still dazed and nervous when a release of damages iwas presented to her In a hcapltal was signed b'y her without read ing , is held , in Och v. Missouri , Kansas & Texas Itallroad company ( Mo' . ) i3C L. n. A. , 412 , Insufficient to avcld the release , although It was obtained by misrepresenting 'to her its contents. The knowledge of a creditor that his debtor U heavily In debt is held , lu Feder v. Ervln ( Tcnn. ) 30 L. n. A. , 333 , Insufficient to make his purchase of property of his debtor in sat isfaction of his debt fraudulent as to other creditors. The multitude cf cases on the right , of a creditor to buy property from his debtor In satisfaction of the debt are com piled in the annotation to this case. The power of the city council to order the destrlc-tlon of all intoxicating liquors In the city and pledge the faith of the clly to pay for them In anticipation of riot , lawlessness and mob , as on the evacuation of Richmond , In April , 1805 , la denied , in Wallace v. Richmond mend ( Va. ) 30 L. U. A. , 554 , overruling ! the prior decision In that stale which had been followed by the supreme court cf the United States In another case growing out of similar facts. Placing fireworks In the parlor of a resi dence for use the next day In a Fourth of July celebration is held. In Heron v. Phoenix Mutual Fire Insurance company ( Pa. ) < 5 L. R. A. , 517 , to avoid the insurance on the building under a clause prohibiting fireworks to be "kept , used or allowed" on the prem ises , "any usage or custom of trade" to the contrary notwithstanding. A bicycle association which agrees to clean a member's bicycle twice each year , repair llres when punctured by accident and the bicycle If damaged by accident , also to re place It If stolen unless recovered in eight mon'.hs , and provide another bicycle during that time , In consideration of which the member pays $0 membership fee per year , is held , in Coin. , Hcnsol v. Phovldent lilcycle association ( Pa. ) 30 L. R. A. , 58 ! ) . not to con stitute an insurance company for which a charter Is necessary under the Pennsylvania statutes. Negligence In pointing a gun at another and pulliro : the trigger Is held. In lUhel against Manning ( Mich. ) 30 L. R. A. , 523 , to be unaffected by the Tact that the person doing it had used the ordinary means of unloading HID gun and Futlsfled himself that It was unloaded. Out the fact that the person 'injured ' failed to protest or get out of the way when he saw that the gun was about to bo Enuuied and had time to do so , was held to constitute such contributory negli gence as would preclude his recovery of dam ages from the oilier. Failure of the appaient maker to repudiate his forged signature to a note when It Is first shown him and even his statement that the note will be paid are held , In Traders' Na tional Dank against Rogers ( Maes. ) 20 L , R , A. , 350 , tr. be Insufficient to render him liable unless the holder had been Induced thereby to assume and act upon the assumption that the signature was genuine or was admitted to bo so , The note to 'the 'case reviews the decisions on the Lability , of persons whose signatures are forged on commercial paper , IncUJlng the questions f f psjoppcl and rati fication C' ' such signature ; ; . , , An Illiterate maker jndu < jfd by fraud to slRii a note and mortg -supposing bo IB signing other instruments , Is ; he-Id , In Green , against Wllklo ( Iowa ) M-U-Il , A. . 134 , 1101 to be liable even wliert'Ule ' Inote is in the hands of an Innocent ( JurJllaaer , unlejs ho was guilty of negllgenco-In.making . the note. This Is en the ground that , lie was never a party to the contract qqalaned | In the In strument. With this caiso the authorities are collected , showing the general rule and the exceptions thereto as to th > effect of fraud In obtaining the cxeciitlM ( ' : of a note as against a bcna fide holder ; . ' The destruction of a ivubsVsnltal portion of leased premises \viUiouitiiu lessee's fault IB held , lu Wattles againstSpilth Omaha tco and Coal Company ( Neb. ) 3U L. R. A. , 421 , to release the lessee from liability for rent pro tanto , unless he expressly aesumed the risk of the destruction. ThlP repudiates the common law rule and approves an opinion of Judge Ilrewcr In a Kanuas cote , ' "because It Is a magnificent protest against slavish devotion to antiquated rules and because - cause It breathes the iplrlt of humanity and equity and Is bnsc-d on a thought of the nine teenth century. " An attempt to evade tbo exemption laws or the state In which both iJart'ea reside by a creditor who attaches prci.-erty of his debtor temporarily found In another state and enforces his claim thtro notwithstanding an Injunction from a court of his own elate , is held , In Stewart against Thomson ( Ky. ) 30 L. K. A. , 582 , to render the creditor liable to his debtor in an action for damages In the ttate of their residence. With this case are reviewed the authorities on a debtor's right of action against his creditor for euch an evasion of the exemption laws of their doml- ell by collecting the debt la another state. COIIMNCE DRIVING PILES ! Support for Foundation of Armour Buildings Will Bo Begun ToJay , CONTRACTS FOR FIFTEEN BIG ICE H3USES I'liuiM for U'liolCHiilt ; UOIIMC III Thin Oily Uuvc Horn Completed I'm- vlilliiK ( or u Convenient anil .Modern Structure. The driving of piles at the Armour plant In South Omaha will commence today. Graders completed the excavations for the cellar of the beg house last night and the pile dlivlng machinery was being placed In j position , This building , for which the piles v-lll be driven fimt , Is to be ICO feet long by 150 feet In width. In all 1,550 piles will bo driven In this space to form the founda tion , which must sustain -weight of one and one-half tons per square foot. The piles j are all on the site and arc to be driven I from twenty to twenty-five feel Into the ground. Captain dc Moralnvlllo estimates j that three weeks will bo consumed In the , preparation of this foundation. After that If the weather Is favorable the laying of stone and brick will commence. Contracts are being made by Superintend ent Simpson for llttccn Ice houses at Mem- ph'ls. kuch one of three houses will be 35x176 feet , the total capacity being In the i nclgnborhood of 60,000 tons. Superintendent , Simpson and Captain tie Moralnvlllc have i returned from Memphis , where they made all ' arrangements for the turning In of the water { on the tract of land purchased for a lake. A , dike Is to be built at once and the Ice houses will be constructed In time to care for this \ winter's crop. Next spring both the lake and j the Ice houses will be enlarged. | A good sized frame building Is being | erected at the eaat end of the site here to be used as a sort of olllce and storehouse and headquarters for the contractors working In that locality. The plans for the wholesale house , which Is to bo erected at Thirteenth and Jones streets In Omaha , have arrived. This build ing will cover the entire tract purchased and will be two stories In height , the front of pressed brick and terra cotta. Commodious olllrea are arranged for In the northeast corner of the building and will bo reached by a flight of five stone steps. Tiiere will . bo availing rooms , sales rooms , vesl'lbulcs , I etc. , on this floor. To the rear of the of- j flee apartments will be a cooler thirty-five , feet wide by sixty-four feet long. Ilooms for ] smoked and fresh meals are also arranged for. The upstairs will be reached by an ele vator and will contain a number of store rooms and large lee bunkers. Nicely ar ranged living apartments , to be occupied by the manager of the house , are planned. On the west side will be stables , wagon rooms and a covered driveway. The basement will have a cement Hoer and will be divided Into various rooms. Including a butter room and another cooler. The cott of this structure will be In tbo neighborhood of $50,000. South Omaha Naws . Thursday will be the first day of registra tion. All persons wishing to vote this fall must 'icglster ' on one of the three days set i > art for Uiat purpose. Registration booths will be located as follows : First Ward First precinct , Scarr's drug store , Twenty-fourth and M streets ; Second precinct , Meyer's drug store , Twenty-feu th and J streets ; Third precinct , Rowley buildIng - Ing , Twenty-fourth street , near K. Second Ward First precinct , Kennedy building , Twenty-fourth .street , between N and O streets ; Second precinct , drug store , Twenty-first street , south of S street ; Third precinct , Crosby & Rich's coal office , Albright. Third Ward First precinct , Evans build ing , Twenty-eighth and H streets ; Second pre cinct , Condon building , Thirty-second and Q streets. Fcu.th ward Old school house , J street , between Thirty-second and Thirty-third streets. As a large number of people have moved Into the city since the last registration , many ) are not familiar with the precinct boundaries , which are given below : First Ward First precinct. Is bounded on the west by the Union Pacific tracks , on the south by N st1 cet , on the north by L street , and on the east by the Missouri river ; Second precinct , Is bounded on the cast by the Union Pacific ticcks , on the south by L street , on the north by the city limits , and on the east by Twenty-fourth street ; Third precinct , Is bounded on the west by Twenty-fourth street , on the south by L street and Missouri avenue , on the north by the city limits , and on the east by the Missouri river. Second Ward First precinct , Is bounded on the cat , ! by Twenty-third street , on the west by the Union Pacific tracks , on the north by N street , and on the south by U street ; Second end precinct. Is bounded on the cast by the Missouri river , on the west by Twenty-third street , on the north by N street , and on the south by U street ; Third precinct , Is bounded on the cast by the Missouri river , on the west by the Union Pacific tracks , on Iho north by U street , and on tlio south by the Sarpy county line. Third Ward First precinct , Is bounded on the north by Q street , on the south by the city limits , on the cast by the Union Pacific t'-acks , and on the west by Thirtieth street ; Second precinct , Is bounded on the north by Q street , on the south by the city limits , on the east by Thirtieth street , and on the west by the city limits. Fourth ward , Is bounded on the east by the Union Pacific tracks , on the south by Q street , on the west by the city limits , and on the north by the city limits. liilcrfcroN vrllli ll.-nllli. Mrs. Lo Seek , who lives on Twenty-sixth street , between M and N streets. Is seri ously 111 with typhoid fever. The other tenants In the building , which Is owned by P. Kunzel , assert that the sickness Is censed by defective plumbing. H Is under stood that an effort Is to bo made to com pel Kunzel to repair the building. Only a short 'time ago a woman , also a tenant of this block , died from typhoid fever. Inspec tor Carroll learned of the filthy condition of the premises and served Kunzel with a notice to make repairs and clean up at erie , A close friend of Kunzel , who Is a member of the city council , had a stop put to the proceedings and It was reported "yes terday that the orders of the Inspector bad never been carried out. On account of the apparent Increase In the list of contagious diseases thcro fcems to be u demand for a health officer or some olllclal who has the power to order unhealthy places cleaned , A physician who was asked yesterday concerning the need of some such olllclal said that ho would bo glad to uco an ofilce-r appointed whoso orders would be obeyed and who would not be con trolled by politics. He en Id further that there was too much politics In all South Omaha appointments and that an appointee could not perform the duty he was paid for on account of treading on the toes of some frlcnl of the mayor or members of the council , Vi-rillct of Aci'ldcillul Di'lllll. An Inquest was held yesterday afternoon oa the remains of Ole Hansen and a verdict of accidental death returned. Only a few witnesses were examined , the engineer aril fireman of Milwaukee engine No. 7S8 being among the number. From what could be learned no blame could be attached to the train crow or tha employers of the dead man. Hanscn has lived In South Omaha for nearly ten years , having been employed the greater r < Jrt of the time by G. ill. Hammond & Co. He worked for Hammond until up to about ten days ago , when he quit and went to work at one of the steam shovels , It was learned that Ilansen was quite cleat and on that account probably did not hear the locomotive backing down thu track , De ceased boarded with Charles liar/oust . It Is not known as yet what disposition will bo made of tbo remains , but they will most likely be taken In charge by a brother who resides In Omaha. So in c nt Ciiiliilo'M riiiim. The dimensions of all of the new buildings to bo erected this till by the Cudaby 1'acK- VVe announce that the morniner edition of is now enlarged each week day except Monday to This move is made for the purpose of giving the readers of The Bie the full benefit of the unexcelled news facilities and special features p'aced at their disposal by this paper. While this change will add 112 columns of reading matter every week In quality The Bee will continue to main f 1 tain its superiority over all competitors as a metro politan daily. 1 : f Inp company have- not yet been , determined , but -will he within a few days. Mr. E. A. Cudahy said yesterday afternoon that the sausage factory would be sixty by eighty feet arxl five stories In height. This build ing would be erected between the ham liouso and the pork house. .As for the other buildings Mr. Cudahy said that the plans for these would not bo decided upon until he had consulted with his brother Michael cf Chicago. It Is expected that Michael Cudahy will bo here within a few days when 'the matter will be gone over. Every department In this plant Is now running full time and has hard work to keep up with the orders received. At the soap factory , where a large number of men are now employed , 800 boxes of laundry soap arc made every day. Oily ( iiiNNlp. W. S. Uuscy has been fined ? 10 and costs for assaulting Dan Hobln. The Rebekahs will glvo a dance and oyster supper at Masonic hall Friday night. George Hrewer left last night for Chicago cage to look after some business matters. M. J. Hcnnett , county clerk of Sioux county , was hero yesterday visiting frlendo. P. Hannlghan has taken out a permit to erect a residence at Twenty-seventh and K streets. The four-room addition to Hawthorne school will be occupied by teachers and pu pils next Monday. George F. Swift , of Chicago , president of the Swift Packing company , was In the city yesterday afternoon. Rev. Thomas Stephenson will lecture at the First Ilaptlst church Thursday evening on "European Travel , " Martin Lange Is building an addition to his resldenco at Twenty-fourth and Wyman streets which will cost $250. The chicken dinner given by the women of the First Presbvterian church yesterday woo a success In every way. Contractor McDonald Is busy on the addi tion to tbo Ilrown park school. According to the contract , this work must bo com pleted by December 1. The congregation of the Bohemian Catholic church will hold n fair at Franek's hall , Twentieth and S streets , for three nights , commencing October 17. N. C. Christiansen of Denver was here yesterday looking after property Interests. The city council Is down for a meeting at 7:30 : o'clock this evening. The appraisers appointed to Investigate the grading of Twenty-sixth street , from Ate to F street , have reported that no dam ages to property will accrue from the grad ing. I C. M. Sanford , a grocer doing business In the Third ward , w s arrested yesterday after- I noon for assaulting John Hajny , one of his i employe * . Sanford will be tried In police I court this afternoon , I A republican club will bo organized In the ! Fourth ward tonight. The meeting will be | hold at Schlltz'o hall. Thirty-third and L streets , and all republicans realdtng In the ward are urged to attend. ' SliocimiKcr limlcr An-rnl , William Jacobawsky , - < i IlusMun nhoc- maker , wn arrested ycpteiday on a wnirnlt charging him with UKHUUH and buttery. The complaint wim made by a neighbor , who mates that JucobowEky's treatment of his wife has becomu .in affenso to the w'hnlo neighborhood. The wcinin hi.s ; been Kick and conllneU to he-r bed for n conul'lerable IcnMh of time , In fact the shoemaker as- nerif ) that uhe IK always Hick. For this of- fc-iu-jj Jacobowbky , It IB charged , 1ms made a pi action of heating her , and the woman showed to Matron Itynn her shoulders anil arms covered with biulxes from thu broom stick which Jucobow ky IB iiccuutomcd to use. Arrcxtfd for Stealing IlriiNH Tiililnu. A considerable amount of brat1 * * and cop per has been mlesul lately fioin ( ho yards cf the Omaha , and Grunt Smelting company. Last night William Itnue of the company stood guard over the property nnd states that after a Hhort vigil he discerned C. Holme-u In the act of currying * nway Homo bra tubing ; Ho effected his capture and Holmt-H was charged with petit larceny. Holmeu wan In trouble a few months ago for diverting a I'lattumouth barn of Its ag ricultural Implement : * , i - > Til 10 IlH.tl/1'Y .1IAHICKT. ) laCP < 1 ° " Tuestlay' , WARRANTY 1JBKUS. Otto Wleck nnd wife to Nicholas Krlelw ; lot 10 , block S , S.-lnn's : mldl- tlon * Nicholas Kr.'cbs nnd wlfo to H. D. \ \ leek ; lot 10 , block S , Shlnn'H nddl- tlon 5 S. J. Itothwoll toT. . H. McCucuo. re- celver ; lot 8. block M , Soutb Omuhn. 1 Lydla Ashdown to Ilo-.lin lr'nser ; lot P. block 31 , AKbrlsht's ChjJce 400 J. H Piitteraon nnd wlfo to John Nowalc ; lot 11 , block 1 , Patterson's First addition to South Omnlm . . . . 200 QUIT CLAIM DEEDS. South Omaha Land Co. to J. H. Wall- work ; lot . ' ! , block 79 , South Omuhn. 1 DEEDS. Andrew Mile ? , executor , to Frank Thompson , executor , et ul ; south 100 feet lots 13 nnd II , block 1 , Jetter's addition l Sheilff tii A. H. ltlnke ; lot jr. , block 7 , Kolintzc's Fourth suppl'mo-iiary addition 1,000 Same to J , 11. Siieeun ; lot 1 , block 3 , Hascnll'.s subdlvl-'lon 32 ? Same to W. 1' . Mumaugh ; lot IS , block 2 , First addition to Alt. DoucInH and undivided 1-0 tux lot 2 In 12-14-12. . . . fill Totnl nniount of Irnnaf-m VU33 I -OIIICC.\.ST OlTODAY'S Wn.VTHKIl. Wa - 1In HiiNtfiuiliriNln : , Tlirout- rnliiir UVnllKT Tuiilurlil. WASHINGTON. Oct. 12.-Foncast for Wednesday : For Nebraska Knlr Wednesday , threaten ing- weather Wednesday night ; southwest winds ; warmer In eastern .portion , For Missouri Pair Wodnosdiiywlnda sblf.lng to easterly mid southerly. For South Dakota Increasing cloudiness , ! with local showers ; south 'A'Indswarmer ; In [ eastern portion , For Iowa Fair , followe-d by IncreuHlng cloudiness In evening ; warmer ; south winds , For Knnsas Fnlr Wednesday , with warmer xoutb winds. * For Wyoming ThrcutcnHg weather with local ruins ; slightly cool.r ; variable. wlnd § ; Hhlftlng to north , 1 , in-ill Iti'i-in-il. OFFICI5 OF THE WEATIIBH BUREAU , OMAHA , Neb. , Oct. 12. Record of rainfall nnd temperature compared with the corru- spcndlng duy of the pust three years ; U ! > 7. 1630. lf j. 1834. Maximum ternprf-rutiiro . . . 57 C1 } Gt ! Minimum temperature . . . . 41 42 3D 48 , Average temperature . ta 62 D2 68 Illulnfull . T .03 .00 .00 Record uf temperature and precipitation at Omahu for this duy and since March 1 , 1S97 : I Normal for thn duy . , . 63 ' Deficiency for tlio day . , , . C I Ae-cumulute'd CXCL-HS ulnco .March 1 . 333 'Normal ' rnlnfnll for the day . 09 Inch Deficiency for the day . , . 09 Inch Totnl rainfall Bine * .March 1 . . . .1B.47 Inches. Deficiency since Miirrsh 1. . . , . 11 2S Inches Kxeess for cor. period , 1 ' 93 . , -4 4 Inches Deficiency for cor. period , 18M , . . , 8.53 Inches from Station * nt H ) > , in , 7Mh Meridian T'.mr. ' AND BTATB OK WBXT11KH. 9 - Si a Omnliu , clour . . , , C ! North I'liille , imrtly rlouily u .W Halt Lake City , clouJy tt .00 Cheyenne , clear (0 ( Itiipl I City , cloudy , , K Mi Huron , partly cloudy , , 4 C9 .10 ( lilcuKo , clear , , K M .00 Wlllletbii , clear 48 M , .00w Kt. IxjuU , clear CO 70 .00 HI. I'uut , clear < ( U .00M Iavenioit | , clear , , l' > t'i ' .V ) Helena , minim : , , , , 46 61 , M MM Kappa * City , clear C2 ( t M Jluvri- , cloudy v , . . 41 to ,12 HUmurck , partly cloudy 44 tc .10 ( iulvetlon , clear . . [ ; t T Indicates tractof iirtrlpltatlon , U A. WUUSIl , I.ccal l-'oiecufct-Olllclul , THEflE IS A GUSS OF PEOPLE Who are Injured by the use of coffee. Re cently ilitre has be"ii nlncfd In all uroccry stores a new pmmratlon called ailAIN-C , made of pure grains , that takes the place of coffee. The most dedicate stomach ro > celves U without dlstit-BD , and but few can tell it from coffee. It docs net cost over ' , i aa much. Children may drink It 'With ' treat benefit , 15o and 25o per packac * . Try IL for -