* BiPp * "
THE OMAHA DAILY BEE : FRIDAY , NOVEMBER 20. 18i)7. ) 3
FALSE SHOWING OF ECOXOSY
Lively "cramblo to Secnro the Balance of the
State Appropriation ,
MAY INVESTIGATE THE INVESTIGATORS
rl Aimcrl * Tttvf A rcc lo 1'ny
Him p r I'-r ln > , Wlill < > It Wn
Cilven Oil ! He Wit * Only
( ii Gel ? r. .
T..1NCOL.N , Nov. 25. ( Special Telegram. )
'A eonsatlon has been sprutig which may call
for an Investigation of the legislative In
vestigating committee. Otto Ilclblg , the
Chicago expert accountant , now asserts that
ho was to bo paid. J25 per day for his serv
ices , and that the Information given out by
the committee that he was to get but $5 per
day wan for political effect to show that the
committee was economical In spending the
elalo'a money. Helhlg yesterday after-
r.oan pretcntcJ a bill to the
governor for ? 4,000 extra compensation. The
governor refused to endorse the hill , llelblg
eays today that ho will give the committee
coo more chance to pay him the money and
then will bring suit for It. In the meantime
thcro Is less than $3.000 of the qrlglnal ap
propriation loft to bo drawn and a lively
ecramblo to sen who will get It Is looked for.
HELH1G WILL. . BRING SUIT.
Mr. llelblg saya.that he has employed two
able attorneys to represent him and will
bring suit Immediately unless the committee
makes a settlement. In explanation of his
position , ho cays that when ho applied for
the place last spring ho asked $50 petday. .
The members of the committee thought this
was too much and offered him $8 per day.
Ho told them that ho would under no con-
eldcratlon take Ices than $25. They finally
made nrtanpements for him to goon with the
work and draw pay at the rate of $5 per day ,
a further settlement to bo made when the re-
jiort on the treasurer's books was ready. The
ngropment also stipulated that this pretended
rate should not be made public , as It would
advertise HelblR as a very cheap accountant
nnd might Interfere with his chances of get
ting good pay on fututc Jobs. Mr. Helblg
was not acuuolntcd with the way the booEa
in the state ofllcca were kept and wzs much
surprised when ho drew his first Installment
of salary to find the amount heralded In all
the newspapers. He says that as the work
progressed ho often called the attention of
the committee to the agreement whereby ho
was tc get the additional pay , but as the end
was tieared they became very non-committal
upon the subject. When the report was
ready , along about election time , they figured
out that he had $ GS coming to him and offered
to pay him this If ho would sign a receipt In
full. This he refused to do and at once con
sulted attorneys with the view of collecting
the full amount due him.
Mr. Ilclblg uays that he bis up to date
drawn $1,310.85. The $4.056.40 which he will
sue for will Include the balance ot salary at
the rate of $25 per day , some expense money
whllo ho was In Omaha in attendance on the
Hartley trial and a small amount duo for an
assistant whom he employed for a time In
the treasurer's olllco.
EXCITES SOME COMMENT.
The news of the dilemma of the 'Investigat
ing committee was a surprise even to those
who have carefully watched the trend of pub
lic affairs. The general Idea has been that the
committee/ had chosen a few assistants to
help them absorb the $10.000 appropriation
and that they had boutvl them and each
older In such u shape that no one member
of the crowd could get more than his share
of the m6uoy. The comments on I ho now
condition of affairs are complimentary to
neither Helblg nor the committee.
As Is only natural the members of the
committee deny that any of these conclu
sions have reasonable foundation and say
tiuit the simple facts are that Mr. Hclbig
was employed at a salary of $5 pen day and
that they have a written contract to that
effect.
OUHTIS KKtr.VI.VSCONSCIOUSNESS.
TVllM HIMV n Tram ] ! llolil > cil mill
AxKnultril Him.
FLATTSMOUTII , Neb. , Nov. 25. ( Special
Telegram. ) The anxious watchers at the
bedside of young I'eter Curtis at Union were
rewarded this afternoon by the lad's return
< o consciousness. Everything now Indicates
a speedy recovery. Early this evening the
injured hey felt well enough to give- the
following account of the mcst brutal holdup
that has occurred In this section for some
years.
The boy says ho left town alone. When ho
bad gone a short distance he was overtaken
fey a tramp , who throw hli arms around his
neck affectionately and said that as ho was
Rolng that way they would walk together.
About half a mile out the tramp broke a
limb off a. poach tree and made a club. About
a mile farther on ho threw the club away.
The boy asked what he Intended doing with
It , and the tramp replied tint he might need
It to kill dogs. When they got within
twenty yards of the house where the lai
intended staying all night he turned to leave
the Granger and remarked that ho was going
to stay there all night. The tramp grabbet
lilrn by the throat and told him to give up
bis money. Curtis did so and then the tramp
throttled him end threatened to klH him ll
ho told about the matter. Evidently tin.
tramp was afraid to leave him , so ho boum
bis hands behind and dragged him oft Into
the field about 200 yards. The hey said the
tramp struck him and that WJB the last he
know.
Curtis' description of the man corre-
eponds exactly with the first man appre
hended at Nebraska City. The boy's story
was proven true by parties flnd'mg the club
end everything as he described. Deputies
bavo gene to Nebraska City after the pris
oner and will have Curtis Identify him. If
bo proven to be the guilty party howill be
brought bore and tried at this term o
court.
TIIA.VKSO1VIXO 1JAY \HIIU.V.SICA
llmr tinUny IN Cold , rut oil In the
Antclniit * Stalt ; .
KUAttNBV , Neb. , Nov. 25. ( Special. )
Thanksgiving day was spent In the custom
ary manner hero today , The Thanksgiving
services were held 1n the First Methodic
church , the sermon being preached by Rev
Mr. Uurllng , pastor of tbo Congrcgatlcua
church. An elegant dinner served at the
hospital by Uio ladles of the Woman's
Christian Temperance Union was liberally
patronlicd. The proceeds were for I ho ben
efit of the hospital. Yesterday afternoon the
imbllo schools held special exercises appro
priate to the aeration and the pupils In the
primary departments put their Thanksgiving
exercises Into a practical form by each one
contributing something for the poor and
needy In the city. The day clcaed with a
] > inco hi tdo city hall by the members of the
fire department , the proceeds being used for
defraying ( ho expentcs which will be In
curred during the meeting ot' the Volunteer
li'lrenuin'B association , to ho held hero In
January next.
NKUIUASKA CITY. Neb. , Nov. 25. ( Spe
tlal. ) Thanksgiving day was marked with
little Incident here. Union services were
ield at the Methodist church , where Ir
C. M. Shepherd delivered an appropriate ser
mon. The stores and business houses were
dreed In the afternoon.
DAVID CITY , Neb , , Nov. 25. ( Special. )
Thanksgiving day wus generally observed
bcre. Services were held"at the Ltitherto
church , the pastors of yio various churchei
participating , the sermon bclrig preached hi
Itov , H. H. Harmon of the Christian church
The day IB cold nnd a fine fofil or mist la In
the air , threatening rain or enow.
KHEMONT , Neb. . Nov. 25. ( Special. )
Stored and business housca were closed here
THERE IS ICLBSS OF PEOPLE
, \Vbo are Injured by the use pi coffee. Re
cently there has be n plare. ) . , | i groceri
tores a new preparation called UltAIN-O
made of pure ir-alns , that takes the place
of coffee , The rnr.st delicate stomach re.
celvca It without dUtie ; * , und but few can
tell it from coffee , it dies not ccat over V
ma rnuca. Children may drink It with great
benefit. 15 ° and IJo per package. Try It.
Ask for dRAIN-O.
Oamk Olfloe , 17th uU Fttrnum Stc.
tr.day and the streets presented a Sunday ap
pearance. Thtnksglvlhj day services were
held at the rongrcpillonal church at 10.30.
The sermon was preached by Iiev. N. Chest
nut ot the Presbyterian church. A large
chorus ciolr , composed of the choirs of the
four churches which united In the services ,
furnished the music. The ladles ot the
Woman's Christian Temperance Union served
a Thanksgiving dlnnur , which was largely at-
fur liiiniiuon.
FREMONT. Neb. , Nov. 25. ( Special. )
L. P , Haascn. who was severely Injured a
vcar azo last May by falling from a window
In a hotel In New York City , brought suit
yesterday against the Travelers' Insurance
cotiuany of Hartford , Conn. , to recover the
sum ot $1,400 , which ho alleges to be due
him on an accident policy which he held In
the company. Mr. Hanscn has nearly re
covered from Iho results of the fall , though
his health Is not wltnt It was before.
I.OVP ClIIIMPH
PLEASANT DALE , Neb. , Nov. 25. ( Spc-
clal. ) Austin W. Thatcher , living tour and
one-half miles northeast of here , committed
suicide yesterday by taking a dose of strych-
ilno because his sweetheart's parents , Mr.
nd Mrs. J , M , Quick , forbido him going with
heir daughter any longer. The two had been
overs for about a year.
) RKU SIIOOTIXO i\TIIAUItniVAUY.
> ot mill lllilo Htittfvrx Kxtrriiittii < lnK
( lit ? Anliiinl * In Mnlnr.
It l. no causa for wonder , says the Dos-
on Globe , that Home people down cast
liould be talking of adopting legislation
lint will restrict th'j sportsman who frc-
uents Maine woods to one deer a season.
'lie Increaaj In t nne killing of late has
Certainly been extraordinary.
On n single , railroad in .Maine In 1S9I there
vere shipped 1,001 deer , taken liy sportsmen ;
n ISM the number Increased to 1.5S1 ; In
S30 the shipments were 2,213. und this year ,
n the s-ln&le month of October , 1,200 deer
invo ber-n shipped. Nobody anticipates u
falling off In the rush lo thu Maine wood ?
text fall.
The Increase of killing from 1 91 to U95
van About CO per cent. About the rnrnu
ncrenso was noted fiom ISM to IH'C. ' From
SM to 1W7 there will probably be nn Increase -
crease of 33 per cent , and 1S93
imy ri-cord a "Inking olt" of J.OOO deer ,
or 33 per cent over the estimate
of this 1'i.ar. This does not Include deer
eaten In ppurtanu'n's - .
t-.itnps , consumed by
\oodamen or killed merely for the "fun
of It. "
That the true sportsmen from all over
he country who nnlie Maine their resort
or the pursuit ofdeer and moose In sea
son fully understand the situation down
east , nnd what It Implies , may wll be
aken for granted. They have the kcL-n-
st Interest In the matter ot preserving the
Icor from all dnnger of extermination
Whllo anything like hasty or Ill-roncelvcd
restrictive action in this matter Is to be
lepretatcd , there can be no doubt that
real sportsmen will stand ready when the
time comes to Indorse and co-operate with
my reasonable measure that the Maine
legislature may think It wise to adopt at Its
next session in the Interest of deer pro
tection.
Tin ; UITIHKI : >
A Ilrlr anil ( luli-t Cliii | > li-i- from the
Slory of HN | Vnrlfil 1,1ft ? .
"I don't think I was ever very tnucr
scared , " said the retired burglar to the Nev ,
York Sun man , "hut I have been as mucl
scared by slight , little things , that were ol
no real account , ns by anything else. For
Instance , by the scratching of a rat , startIng -
Ing up suddenly and running around In tht
wall. I was never mere disturbed than I was
once by the absolute st'lllnias of a room
that I was in. It was dead and oppressive
und I couldn't account for It.
"I swung my lamp around and saw the
usual things that you might expect to see Ii
such a room It was ia dining room Includ
Ing a clock on the mantel. It was a 'pen
dulum clock , one cf tie kind ttoit has a little
clear space In the lower part of the glass
front through which you can see the pendu
lurn as It swings back and forth. The lamp
simply swept across the face of the clocl
as I swung It around , but an Instent late
I realized that I had ecen no pendulun
swinging back und forth behind that clea
space. It wasn't swinging. The clock hat
stopped.
"I set my lamp on the shelf and opened
the door of the clock and started up the
pendulum , sod then I heard the regular tick
Ing of the clock. And that was all that was
wanted. Hut what a relief It was to hear
It. I could sort out the spoons now with a
chcertul spirit. "
l.AIIOH A.VU IXDUSTJtY.
At Wlnstor.-Salcm , N. C. , the South S
Cotton mills is running night aud day with
a double force.
It Is thought that a new silk plunt wll
bo In operation by November 22 at Middle
town , Conn. '
The making of electric wires , a buslncs
which has grown up during the last to
years , amounts to over $10,000,000 a year i.
the United States. This country easily lead
the world in all forms of electric manufac
turlng.
At a conference of representatives of fou
of 'the ' railroad brotherhoods , held recen.ly
In Peorla , 111. , a plan of federation nr.o
agreed upon , which will be su-'j.iiltted fr
ratification to aubordlns'to ' lodges of train
men , telegraphers , conductors and firemen
In the United States , Canada and Mexico.
The result of the vote will be announced
early In January ,
It is said that 'American ' miners arc not
well acquainted with platinum and ls re
lated mclal. oamlo-lrldlum , often throwing
them away. Platinum Is steel gray In color ,
and Is found til the form cf rounded or tiat-
toncxl sands , or Irregular nuggets the size of
peas. It Is worth ? V * an ounce , and o mlo-
Irtdltim from J3 'to ' $4.50 per ounce.
According to a writer In the Paper World ,
the best paper Is in do in Korea , excelling
that manufactured In China and Ji.pan. It
shows the greatest variety of color , tinns-
parency nnd fineness , with strength and flex
ibility. The product is highly valued MB
China and Japan , where It Is used for um
brella covers , as roofing and ns a substitute
tor window glass.
i.rrnitAitY XOTKS.
The Christmas Ladles' Homo Journal will
bive Christmas stories by Mary K. Wllklns ,
Uuth McEnery Stuart , IMmlln Garland ,
Mrj. A. U. T. Whitney , Mrs. Mark MorrUon
and Lilian Dell.
Austin Dobson has prepared for Immedi
ate publication a volume of his collected
poems representing the tlowcr of his. work
for thu past quaiter century , Thcro will be
twenty pieces which have not before ap
peared ,
A very large number of translations fiom
the French , German and Italian tigurts
amoiK : now American announcements , and
Literature says there can bo no question
that In America the Interest In coutempo-
rnry foreign literature is largely on the In
crease ,
Paul Leicester Ford , whore fiction and his
torical writings have given dim a high pace !
among American men ot letters , contributes
to the December lUlan-tlo a discriminating
cseay upon American historical novels. He
makea a statement of the portions of Ameri
can history that our novelists have , success
fully Illustrated and tells to what extent our
history lends Itself to such treatment.
The Thanksgiving number of Harper's Da-
zar lo furnished with a colored cover by the
well known artist , F. S , Church. Thcro Is u
full display of Illustrations ot "Horse-aaow
Gowns. " tbo designs that will set the fashIon -
Ion during the coming winter. On the tame
subject of seasonable costumes Kathcrlno de
Korcat writes from Paris , while Mrs , Ath-
moro describes the winter shirt walets , The
number also contains a London letter from
Mrs. Poultney Illgelow , treating of tbo exhi
bitions and plays.
Early next year the first volume ofMr. .
Murray's edition of 'Byron's ' works will bo
published. Literature relates that the chief
features in the volume , which contains his
early poetry , will bo first , an authoritative
text , carefully collated from the existing
manuscripts , proofs , ar.l successive editions ,
nnd giving alt the Important changes raadu
by Byron from time to time ; secondly , the
addition of eleven new poems belonging to
the period of the "Hours of Idleness- "
thirdly , the notes to the "English 'Bards ' and
Scotch Reviewers , " the "Hints from Her
ace. " the "Waltr. " and the "Curse of 'Ml- '
ncrva. " The edition do luxo , btrlctly limited
in number , will contain several pictures and
portraits connected with this period of By-
ron'a life , some of which have never before
been rcpioduccd.
TEN DAYS BEFORE TRANSFER
Old Overland Eouto Almost in Hands of It
New Owners ,
WHY THE UNION PACIFIC MEN REJOICE
'ro.ipcct of the Kml of the Itnnil'n
IhiplrnNMiit Experience Welcome
to Uveryhndy Hnte Situa
tion Still Dcllcntc.
In the circles of no railroad In America
was the spirit of Thanksgiving day
more observed than at the headquarters ot
the Union Pacific Railroad system here. The
published announcement of President S. II.
II. Clark , that Monday , December 6 , would
bo the date on which the formal transfer
of the property of the company
from the receivers to the new
owners would take place was most gladly
welcomed by the officers ot the company
here , and they sold yesterday that noth
ing could hive made them more thankful.
The date fixed Is somewhat earlier than
had been anticipated , and Is therefore the
moro welcome. The attaches nt local head
quarters do not feel tbo slightest doubt
about their tenure of office , and continue
to profess their belief that Mr. Clark will
be at the head and that no changes In the
departments here will be madeAt head
quarters yesterday It was said that no further
news regarding the transfer had been re
ceived from cither President Clark at St.
Louts or from the new owners at New York
City. The local officers say that their only
news of the coming change Is through the
press.
At all the railroad headquarters some ot
the ofllclnls came down to look -through
their morning mall. Their chief clerks were
on hand , but not many of the other employes
put In an appearance. The city ticket of
fices were open from 8:30 : o'clock until noon ,
when the doors were closed and the "low-
Joints" odjourned to foot ball and turkey.
Though the offices were open during the
morning , comparatively little business was
transacted about the only prospective buy
ers around being the spotters employed by
the Local Passenger association. The gen
eral offices transacted no business whatever ,
no passes even being Issued to stockmen. '
RATE SITUATION STILL HAZARDOUS.
As the day'was practically a holiday , noth
ing new developed In the westbound passen
ger rate situation. It w.is scarcely expected
that anything definite regarding the tumored
cut. of $3.50 from Chicago to Oraah.i wiuld he
received from Chicago during the morning
but nevertheless the letters and telgtams
that came Into the local offices from Chlo.iKi
headquarters were earnestly scanned. Noth
ing new was learned and tlu tlcko : sellers
closed their doors nt nnon knowing but little
more about the expected demoralization than
they did Wednesday. U was . /inph.itlja.ly /
denied at all the offices that any ruch cut
had yet been made ) but the denial was in a
manner that Indicated that the s'tn.iUon was
hazardous. It IK now Uidimht likely that the
open cut of S3.50 from Oii'cagu ' to Mlssour
river points will come along to lay. It Is i.ot
thought likely that the Northwestern will b ?
the first line to announce the rut. previous
Information to the contrary notwithstanding
That line has always been 'ho ona f > boll out
longest against rate cutting. It kept tip the
full tariff to Omaha one year after a cut had
been made by other lines from Chicago to
Kansas City. It is rcgardjd as more proba
ble that the cut will bo brought about by the
Chicago Great Western's cu'tlns tlu rote
from Chicago to Kansis City. This wll
bring the rate from Chicago to DCS Moincs
down from $10.15 to about $8 , nnd the Hock
Island the strong line from Chicago lo Des
Molncs , will have to meet the cut. Su--h re
ductions to points Intermediate be'ween Chi'
cage and Omaha will necessitate correspond
ing reductions to this city , and tint I ? wha
Is expected to happen within forty-Hgh
hours.
STIMIEMK COUIIT SYM/AHI.
Lavljnc ngalnst Tobln. Error from Nuck
oils county. Affirmed. Ragan , C.
A creditors' bill which seeks to have rea
estate conveyed to a a Ife by n stranger sub
Jected to a judgment against the husband
which dcea not allege that tno debt of th
husband caused the conveyance to be mul : <
to his -Aifo In expectation of becoming In
dobttd , docs not state a cause of action.
2. Kxcc'it us aealiiEt creditor ? and n
against those to whom he contvmo-la-es be
coming Indebted one may gratuitously con
vey his property to his wife.
Richardson llrus company against Teas
dull. Appeal from Lancaster county. Re
vcrj > . < l and remanded ? R-is.in , C.
The cor'ract between the parties sot ou
In une opinion and held one of condl.Jona
sale.
2. Where property Is gold nnd po wssioi
delivered lo the vendee on condition thn
the title- shall remain In fie vendor until ih
p nchas price ! s paiJ , a fallire of ihe ve'd.1
to make payments of the ciurehase mo-ic :
according to the terms of the contract vest
the vendor with the light of possession to th
property conditionally sold.
3. The sublet matter of a condition ; ;
contract of sale was a stock of drugs whlc'
ti'jo vendve was by the contact reciulrri
to disrobe of at retail nnd not to dep'.ete
He purchased and added to the or gluu
stock other goods and fien made default In
payments of the purchase moiv y promisor
ur.d tha Vendor seized on a writ of replevli
both vlie original stock conditionally sold am
the goois afterwards purchased and added
. ( "V tock by tie vendee. Held' .
(1. ( ) That the vorr'or wns entitled to i
veri'lct only for such of the orlclnal sine !
conditionally sold as remained undisposed ol
(2. ( ) That the vendee Mas entitled to .
judgment for a return of suo'i goods by th
vendor as had been purchased and aided t
the original stock by the vendee after hi
conditional purchase thereof. (3. ( ) That th
vendee's mixing of the peed ? absolutely pur
char.d by him with the goods nbsolutelj
purchased by hmIth ! th ? gooda condition
nlly purchased was neither wrongful no
fraudulent.
Irvine , C. dlfsentlnf ? from Mai and secon
clause of last syll.ibus.
American Fire Insurance company again !
HuckstalT Jlrojt. Manufacturing compam
Krror from Lancas cr county. Reversed aw
remanded. Ryan , C ,
'ine judgment In this case , being1 depend
iTit upon n special finding manifestly un
siicported l.y the evidence , Is reversed.
Tootle. Hosea & Co. , against Shlre >
Krror from Webster county , lilsmli ed
Hvan. C.
Uy section C92 Code Civ. Proc. , the jurisdic
tion of the bupremo court Is made depeiuVen
tuion the commencement of iiror proceed
Ings therein within , one year after the dat
of the Judgment sought to bo reversed an
a walvfrl | y consent Ii not effeetiv to en
largo the time thus limited by statute.
Deere. Wells & Co. against Helntz. Krro
from Webster coun.y. Reversed and re
manded. Ryan , C ,
An Instruction v.-hlch Invited the attentlo
of the Jury to the assumed existence of
warranty In the talc of personal grcpertj
not pleaded In Hie petition , and , ns to whliJ
no breach was nlegi'd , held prejudlcloual
erroneous ,
McKee against Ilalnter. Error from
Saline county. Alllrmed. Post C. J ,
U sold u car of wheat to M , which b >
agreement was to l > delivered on the < ; u
ut R's place of business , M agreeing to nc
ccpt Il's weight and jjrade. Held , that b >
delivering the whctit In the cur at his pine
of business , causing It to be conc-lKned to
M and surrendering It to the railway com
pnny. fully completed his contract ,
2. This court will In a case tried to th
court , without the assistance of n Jury
presume that the district court connldertc
and gave effect to proper evidence only , aw
If there U sufficient evidence to sustain th
finding made the judgment will not be seaside
aside because of error In the admission o
evidence ,
3 , Kvldcnce examined and held to sustain
thu llndlnn of the district court.
The liurllngton Voluntary Relief depart
inent against Moore. Error from Lan
caster county. Affirmed. Irvine C.
U U Improper , unless In cases expressly
provided by statute , to permit on motion
without consent of plaintiff , a new de
feiulant to bo substituted for1 the one orlgl
ually sued.
2. A suit having been begun by an nd
mlnlstrntrlx on a contract of life Insur
a nee. the petition not showing who was Ih
beneficiary , it was not error to pennj
plaintiff to amend by alleging that she \va
thn beneficiary In her own right and l > >
striking out the allegations of her rep
resentatlve's capacity.
3. Such an amendment amounts to nelthc
u substitution of parties plaintiff nor o
cause of action.
4. Want of Jurisdiction of the person o
defendant , and misnomer , as welt as mat
( era in bar , must be pleaded by answe
where not earlier appearing on the fac
of the record.
Nathan against Sands. Appeal from
Uiffnlo county. Reversed nnd remanded.
lynn C. >
A i > erson who calls a witness Implledly
ecommcnds him a ( < wlrtM of belief nnd
ftcrwnrd cannot be permitted to Introduce
vldonce which has no teffilency other than
> Impeach Buch witness.
2. Where a purchase of ttn' ' entire Block 6f
joods was made from a' mMoham at a fair
rice nnd with no krU > wi < iU that such
ncrchnnt wns Indebted \o other parties
han those whose debt ! * were paid through
uch purchase , the tmnsfer will not be
cclarcd void , though ' ( he * purpose of the
urchascr was. In part' to' ' secure payment
f a debt dtie himself and another debt due
bank of which ho.wM nt the time thd
iresldcnt nnd managing 'offlcci' .
3. The evidence examined nnd held In-
ufllclent to sustain a flAdlhg that the trans ,
er to appellant was fraudulent and void
s to creditors of the pnm' by whom such
ransfer has been made. '
Morgan ngalnst Mllchqll. Krror from
. .nncnstcr county. Affirmed. Ryan C.
Where the record doerf not disclose by
whom certain evidence way offered or that
any one objected thereto It will not bo
assumed In the supreme court that such
vldencc wns Improperly considered ,
2. A Judgment of a court of competent
urlsdlctlon upon a question directly In-
/olved In one suit Is conclusive ns to that
question In another suit between the same
parties , but to this operation of the Judg-
nent It must appear cither upon the face
of the record or bo shown by cntrlnslc evl-
lence that the precise question was raised
and determined In n former suit.
The Lexington Hank ngalnst Wlrges.
Srror from Dawson county. Reversed.
Norval , J.
Section 6 , chapter 12 , Complied Statutes ,
Describing the mode of conducting a chat-
el mortpiiso sale was designed for the pro-
cctlon of tbo mortgagor , and he may
valve his right thereunder to have the
mortgaged property In view nt the time of
sale. If he choscs to do so.
2. Held the mortgagor waived the benefit
of the statute by stipulating In the mort-
eago for the sale of the property by the
norttragor , "at public or private sale , wither
or without , ns the holder may deem best ,
in advertisement nnd sale according to
aw bclnn hereby expressly waived. "
TWENTY-FOORJ'l ) TWELVE
( Continued from First PageJ
lialtbacks. Ottawa , Darnott , left tackle and
: eft halfback ; Hester , quarterback ; Moore ,
right halfback , and Waroham , center.
After the game Coach Charles Thomas of
the Wcsleyan team said : "It was a gooi
gsme , and the better team won. 1 am rather
sorry that they scored that last touchdown ,
: > ut I suppose they earned It. Our men
were not In the best condition , and have
been on rather a nervous strain. They were
keyed up to a high tension for the game
with the University of 'Nebraska ' last Friday ,
which grme was Indefinitely postponed. We
ore. now trying to arrange a game with the
University of Nebraska team for this city
on Saturday , to be played for the champion
ship of the state. We think It would bo a
great game. If Nebraska declines Jto play an
effort will bo 'made to secure Iowa for the
same date. "
Charles Barnett , left tackle and left half
back of the Ottawa team after the game
said : " \Vesleyan outplayed us , and deserved
to win. Wcsleyan beat us because their In-
terforer-ce was better. The men got Into the
Wcsleyan Interference very closely , nnd with
such close blocks It was hard to break
through. Our men did not block closely
enough In the Interference , nnd for that
reason lost. It was a good game , and es
pecially clean. There were several cases
of holding by a Nebraska playc-r which were
not punched , but It Is Impossible for an
official to see everything that goes on in
the line. One case of holding In the line
resulted directly In a" touchdown. But we
were well treated , and are especially glad
this was a gentleman game , as It will go
a long way toward Inducing our faculty to
let us take another t"rjp. . < They were some
what opposed to our taking this trip. "
STORY OF > THB GAME.
Ottawa won the toss aiid chose the west
goal , giving Nebraska 'the ' ball. Erwln
kicked off for twenty yards. The ball wns
causrht by Moore and advanced seven yards.
On the first line-up Ottawa brought In the
Pennsylvania guards'-back formation and
Campbell , the fullbac'k ' , tttlned three yards.
Barnett , left tackle , tooki It on the same
style of play for ten yards and Jlooro ,
right halfback , followe\l > vltb three yards.
I'ardee , left halfbrfck , was sent through
guard and tackle "for " five yards. Barnett
gained three yards' through thu other
tackle. On a criss-cross , from Hester to
Partlee to Moore , theslatter circled Wesley-
an's right- end for -thirty yards , the en
tire Wcsleyan team going to the left on
the pass to Pardee. The next llnc-up
availed Ottawa nothing .because of n fum
ble. On the next line-up Dunn broke
through and tackled Pardec for a small
loss. Hester tried the quarterback kick
and sent the ball fifteen yards. The ball
r.-as caught by ISrwln lifteen yards away
from the Weslcyan goal. On Wcsloyan'u
first line-up the ball was given to Bull ,
< vho tried Ottawa's left end and failed to
sain 11 yard. Dunn gained four yards
through the line. On the next p'.ay the ball
was fumbled first by Wesleyan and then
by Ottawa. No less thnn four different
players had their lingers on the ball , but
could not hold It. Finally Barnett picked
It up and running thirty yards scored the
first tcucidown , from which Moore kicked
goal. Score : Ottawa , fi ; Wesleyan , 0.
WESLEYAN SCORES NEXT.
Erwin kicked ofll for forty-live yards and
his kick wns returned by a run by Moore
and then a klcU. a total distance of thirty
yards. Pardec gained two yards between
tackle and end and ono yt > rd more on the
next try. But Wesleyan held and captured
; he ball on downs. Erwln took It through
for four yards. Bull lost two and a half
ards on the next try. The quarterback
.c'ck ' for five yards was the next play and
Ottawa got tne ball on a fumble. The I'enn-
> lvanla fuardsback formation was again
brought Into plav. but Wesleynn ngnln se
cured the ball on downs , Dunn advanced
it live yards through tackle and Carver
oolc It for eight yards around the lcfjenil.
CJllbert advanced It four yards throufea the
tackle and Dunn gained two more through
the other tackle. Erwln went through tae
line for one yard. Gilbert tried the tackle
ijriln for four yards and Bull took It be
tween left end nnd tackle for live. Tnere
w.is a bad fumble , but Bull fell on the
ball. Dunn clipped off seven yards and
Carver gained two and a half. On the next
piny Gllijcrt gained two yards , crossing the
.Ine for a touchdown , from which Erwln
{ ' "k'doui ScoreWe'Ieyan. . C ; Ottawa. U.
Captain Campbell .ticked off for Ottawa ,
but It wns rutJer a poor kick , going abaut
ten yards. Dunn gained five yards. Erwln
followed with five more and Bull tried thu
end , but w s tackled In his tracks. Gilbert
pained eight yarJs through the line and
Carver w-ent around the end for two. Dunn
took another plunge at Ottawa's weaker
line and pained ten yards. Carver took It
for two. Gilbert for three and Gilbert on a
revolving wedge play for seven yards. Car
ver took a running jump ov r the line for
five yards and Dunn added ten yards to hla
ere Jit , even though he slipped and fell In
r-tartlnir. Bull took eight yards between end
nnd tackle nnd Carver tried the similar
cpac % on the other end of the line for a gain
of two yards. He took II again for three In
tie same place. There > xaa another bad
fumble by Wesleyan , Dunn almost got It ,
but Barnett grabbed It a minute too soon
for him. It was Ottawa's ball fifteen yards-
from Its own goal. Vnother crUs-crosa play
by the OttniAti backs m-ted ! a ga'n ' of six
yards. Campbell went through the line for
four. Moore tried the end , but couldn't gain
an Inch , He trltJ the tackle and didn't guln
any moro n'jere. V.'esleyan go : the ball on
downs. ' . Gilbert took It through the line for
two yards. Erwln f/ilJCi } to gain through
the same ho'.e. Dunncarried It through
the tackle for five yaMs and Carver nd-
vanctd It four between , tackle and end.
Elgit more yards were g.tined by Dunn , who
made , the second touchjlown on this play ,
Er-in kicking the rfoal. Score. Wesleyan ,
12 ; Ottawa , C. i ,
END OF THE-WRST HALF.
Ottawa kicked thu Mil forty yards nnd
Bull carried It ten yard * back for Wesleyan
before he was donned. Carver gained
rhrce , but Dunn faltexii to make his usual
gain. Erwln plunged tbroug > i for Jive and
Carver added two mnni yards to his gains.
Dunn plowed this way. , through fur five
yards nnd Carver r.'piiu-l iiji tilings for three
moro. Bull got threet Carver thrc * nnd Car
ver again seven yard/ Dunn again failed
to gain through tholllnn. but on the next
try gained two yards. Krtvln got through
for onu yard. Bull look- two yards and
Carver followed with . -pretty run behind
good Interference for lifteen yards. Bull
gained three yards , but Dunn lost u yard on
the next play Gilbert I'ould make no gain
through the line nnd it was Ottawa's ball
llftcen yards from its O.MI goal. Pardee was
called on nnd carried -the ball live yards be
fore beingdowned. . Moore did better , gain
ing ten yards and Campbell got through for
three- , Moore added seven more yards to
Ottawa's raupld gain and had Weslt-yan up In
tno air when lime wns called for the llrst
half. Scores Weslcyan , 12 ; Ottawa. 6.
At the opening of the second half Ot
tawa kicked off for thirty yards. Erwln
brouBht back the ball twenty yards and
Carver gained two more on thu first line-up.
Klngsbury WHS tried , but could not gain.
Gilbert gained one yard , but Ottawa secured -
cured the ball on downs , holding very well.
For Ottawa Moore look two yards , but Hall
could not pain. Moore made a slight gain ,
but the ball again reverted to Wcsleyan on
downs. For Wesleyan Bull gained three
yards , Carver two , Hull two and Bull ten.
Then Erwln came in again for two yards.
Carver took five nnd Hull four. Onrver got
three and Carver again four. Time wna
called while Bull nursed n few pore spots.
Hester , quarterback of Ottawa , Rot the
l > all In the middle of the field on a fumble ,
but Ottawa lost It ngaln to Dunn on
another fumble , Onrver gained two yards ,
Hull live , Gilbert two and Carver six
yards by nrtful wriggling. Hull carried It
lions1 between tackle nnd end without nny
Interference. Carver gained two moro nnd
Dunn added ten. Gilbert gained one , Dunn
two nnd Cnrver one yard. Bull took It for
three And Gilbert for four , whllo Dunn
took another dive through the line for two.
Ottawa made n great stand near Its own
goal , but It was too Into nnd Gilbert car
ried It over for Wesloyan's third touch
down , from which Erwln kicked his third
goal. Score : Wesleyan , IS ; Ottnwn , 0.
TALK OF THE LAST .SCORES.
Ottawa kicked off nnd Gilbert made a
nice catch of the ball just off the ground
nnd then rushed the ball back ten yards.
CnrVer gained four yards nnd Bnlley , who
had taken Bull's place , rushed through
for two. Bailey went In ngaln for six nnd
Gilbert ndded ten ynrds Bailey made n
pretty run of fifteen yards around the end
nnd Carver darted around the other wny
for a beautiful run of twenty-five ynrds.
Then Bnlley wont off ngnln with twenty
yards to his credit and Carver took It for
ten more , Dunn plunccd through the line
for seven nndi Erwln shot through the line
for the fourth touchdown , live minutes
after the kick-off. Erwln kicked his fourth
goal nnd the score was : Wesleyan , 21 ;
Ottnwn , 0.
Ottawa kicked off ngaln nnd Cnrver car
ried the ball back toward the middle of
the Held ten yards On the next piny Wcs
leyan failed to gain because Hester broke
through nnd tnckled Bnlley back ot the
line. There was n blocked kick ot Wesley-
an's because Erwln was slow In getting the
punt nway , nnd the ball wns only ten
ynrds nwny from the Wcsleynn'gonl. . \ \ cs-
[ cyan got the ball and Erwln kicked thirty
ynrds. Moore caught the kick for Ottawa
and rnn three ynrds before being downed.
Barnett , who had succeeded Pnrdeo nt left
halfback , gained clg'ht ynrds nnd Campbell
broke through -the line for three moro.
Moore gnlncd seven nnd Campbell two.
Moore took two ynrds. but on the next
piny failed to gain. Bnrnett skipped pnst
the end for six and Moore rnn the other
end for twelve ynrds , crossing the line for
the last touchdown of the game , from
which Moore kicked goal. Score ; Wesleyan ,
21 ; Ottnwa , 12. Tac teams lined up ns fol
lows : '
Wesleyan. Position. Ottnwa.
Fltchlo Left End Atwood
Dunn Left Tackle.BarnettBooher
Brew Left Guard Ham
Stull Center Wareham
Klngsbury . . . .Right Guard.Booher.Cannon
Gilbert Right Tackle Hall
Lemon Right End Tyler
Stevenson Quarterback Hester
Left Halfback.
Bailey , captain. Bull Pardee , Barnett
Erwln . . . .Fullback..Captain Campbell
Umpire , W : A. Plxlcy.
Referee , Frank Crawford.
Linesmen , O. D. Noble nnd A. F. Con
verse.
Score : Wesleynn , 21 ; Ottawa , 12.
Touchdowns : Wesleyan , Gilbert , 2 ; Dunn ,
1 and Erwln , 1 ; Ottm.xa , Barnett , 1 nnd
Moore , 1. Goals kicked from touchdowns :
\\2sleyan , Erwln , 4 ; Ottnwa , Moore , 2.
I
HVI3XTS OX THIS Ul'.VXIXR TRACKS.
Good AVeatlier I > rnuH Illjv Crmvd * nt
Oiiklimd I'ark.
SAN FRANCISCO , Nov. 25. An Immense
tnrong of people asesmbled at tuc Oakland
race track this afternoon , the beautiful
weather and high clars card presented by
the California Jockey club proving an In-
centlvo which was quickly taken advantage
of by the pleasure see'cers. Thirty book
makers were In line at the track , but the
play was so terrific , especially In the stake
race , that It was almost madness for any
one to venture Into tine betting ring unless
fully prepareil for the Inevitable stampede.
Interest centered In the Athenian Club
selliny stakes , worth Sl.ftOJ to the winner at
two and one-fourth miles. Wheel of For
tune , the second choice , with "S'-.eets" Mur-
tln piloting her , had no difficulty In defeatIng -
Ing the favorite , Marquise. Although the
Wheel was eased up at the end , It appeared
that the favorite might have annexed the
event had she been given her head a trllle
earlier. W'.icel of Foraine assumed tne lead
after the Ilrrft mile had been traveled and
was never headed , finally winning by too
lengths.
Favorites and second choices fared equally
well In their respective events and the. wln-
neis being well played , the crowd dispersed
with their pockets well lined with money
contributed Uy the layers of odds. Weather
line ; irack heavy ; attendance , 15,000. Re
sults :
First race , live nnd one-half furlongs , sellIng -
Ing : .Montgomery. 113 ( Jones ) , 3 to 5. won ;
Dunboy. IDS ( H. Martin ) , S to 5 , second ;
Emma D , 113 ( McIIugh ) , 40 to 1 , third. Time :
1:10.Second :
Second race , one mile , selling : Schiller ,
10. > ( Martin ) , 4 to 5 , won ; Dick Bohan , S ! )
( Jones ) , -1 to 1. second ; Alma , 02 ( Clai.\son ) ,
4'A to 1 , third. Time : 1:45. :
T.ilrd race , six furlongs : Sweet William ,
110 ( H. Mnrtln ) , Zyto 1 , won ; Harry T.io-
burn , 107 ( Conley ) , TO to 1 , second ; Pclxotto ,
09 ( Cray ) , even , third. Time : Itl7.
Fourth race , the Athenian Club cup , sellIng -
Ing stakes , purse $1,500 , two miles and a
quarter. Wheel of 'Fortune ' , 101 ( H. Mnrtln ) ,
2 i to 1 , won ; Marquise. W ( E. Wood ) . 3 to
5 , second ; Charlie Relft , S3 ( McNIchols ) , 40
to 1. third. Time : 4:07. :
Fifth race , one mile , selling : Personne ,
102 ( Mclntyre ) . 4 to 1 , won ; Osrlc II , 107
( Clawson ) , 5 to 2 , second ; Fashion Plate , 102
( II. Martin ) , 7 to 5 , third. Time : 1:41. :
Sixth race , five and one-half furlongs : Sir
Wl'.liam. 101 ( ClawFon ) , C to 1 , won ; Imp
Mlssioner , 112 ( Holmes ) , 4 to 1 , second ; Free
Lady. 10d ( Jones ) , C to 0 , third. Time : 1:10. :
NASHVILLE. Tenn. , Nov. 23. The third
and foiirti racea acre declared off. A six-
furlong felllntr race was subctiuted for tic
third , but the four.'h dll not 1111. Weather
r.ilny ; track heavy. Results :
Flrrt race. Falling , eleven-sixteenths of a
mie : : La. Wanda. 107 ( Lynch ) , 7 to 1 , won ;
Connie Lee. 102 ( C. Clay ) , 3 to 1 and G to 3 ,
second ; Major Tom , 110 ( Sullivan ) , 4 to 1 ,
third. Time : 1:07W. :
Second race , selling , six furlongs : Tus-
cu'.um , 10" . ( A. Jones ) , 7 to 2 , won ; L/iura
May , 102 ( Newcom ) , 3 to 1 and Cto 5 , second
end ; Tole Simmons , 100 ( Alter ) , G to u , third.
Time : 1:18. :
Third race , selling , six furlongs : Dr. Work ,
S7 ( Casslday ) , 7 to 5 , won ; Hldago. ICO ( P.
Clay ) . 0 to 1 and 2 to 1. eecond ; Plug , 07
( Hothcrsoll : ) , 12 to 1 , third. Time. 1:1S. :
Fourth race declare ! off.
Fifth race , selling , mile and a quarter :
Pete Kitchen , 98 ( Lynch ) , G to C , won ; King-
stone , S3 ( Powers ) , 5 to 1 and 2 to 1 , second ;
O , R. Longhum , 91 ( Weber ) , 7 to 1 , third.
Time : 2-.1G.
Sixth race , selling , eleven-Mxteent'is of a
mile : S-Ieldbearer , 110 ( BarretO , 8 to 5 , won ;
Sister Clara. 102 ( P. Clay ) , 4 to 1 and 3 to 2 ,
second ; Full Hand , 102 ( Gllmore ) , 8 to 1 ,
third. Time : lIOi. :
LEXINGTON. Ky. , Nov. 23. Cloudy ;
track fast. Results :
First race , selling , seven furlongs : nilln-
ger. 102 ( Beauchnmp ) , 8 to 1 , won ; Lucy H ,
97 ( Dupec ) , S to 1 and 3 to 1 , becond ; Calus ,
105 ( Nutt ) S to B. third. Time ; 1:31. :
Second race , eleven-sixteenths of a mile :
Fair Day , ICe ( Hart ) , 4 to B. won ; Pica
yune , 102 ( Everett ) , S to 1 arid 3 to 1 , second
end ; Centum , 105 ( Beatichamp ) , G to 5 ,
third. Time : 1:10 : % .
Third race , handicap , one mile : Perform-
unce , 112 ( J. Mnthews ) , 3 to B , won : Belle
Bramble , 103 ( Beauchamp ) , 3 to 1 and even ,
second ; Kitty II. 106 ( Everett ) , B to 2 ,
third. Time : 1:1114. :
Fourth racs , selling , seven furlongs ; Mas-
terplece , 101 ( -Mnthews ) , 8 to B , won ;
Trlmudn , 103 ( Benuchatnp ) , 4 to 0 and out ,
ret-ond ; Mnttle Ixe : , 102 ( Hucston ) , 7 to ] ,
third. Time : 1:30. :
Fifth race , selling , six furlongs : Conan
Doyle. 87 ( Dupee ) , 6 to 1 , won ; Eton Jacket ,
107 ( Nutt ) . 7 to 10 and 1 to 3. stcond : Bill
Arnett , 110 ( J. Hicks ) , C to 2 , third. Time :
'BALTIMORE , NOV. 23. A big turnout
witnessed the races nt Plmllco today.
Twenty books were In operation 'and the
butting ring was packed to suffocation. The
track was again heavy nnd many scratches
resulted , marring the excellence of the
raclnct The "bookies" generally loat the
day. The. fourth race was n life-saver for
them when Black Dude , n 15 to 1 shot ,
won. But for this relief It would 1mvo
been a gloomy day for the layers of odd.i.
Mike Dwyer was obliged to bid Ben Ronald
In ut $1,205 , lifter the last race , Jack Ben
nett running him up to that figure. Re
sults :
First race , six furlongs : Giles Shine , 107
( Oleary ) . 7 to 10 , won ; Duchess Annette ,
107 ( wapshlre ) , 10 to 1. second ; Eileen D ,
107 ( Coylle ) , 3 to I. third. Time : 1:19. :
Second race six furlongs , selling : Halton ,
103 ( McCafferty ) , 8 to 1 , won ; South Africa ,
103 ( Irving ) . 4 to 1. second ; Klopper , 103
( O'Leary ) . 4 to 1. third. Time : 1:1U. :
Third race , ono mile : King T , 117 ( Hew
itt ) . S to 5. won ; Old Saucus , 115 ( Hopkins ) ,
10 to 1. second ; Thomascat , 115 ( Irving ) , 0
to 5 , third. Time : Idlli.
Fourth nice , six furlongs : Black Dude ,
ICC ( Neville ) , 15 to 1 , won ; Juda. 101 ( Hlrsh ) ,
second : General Mneeo , 10(5 ( ( Wnpshlre ) , 10 <
to 1. third. Time : 1:17. :
Fifth race , one ml.e , soiling : Ben Ronnld ,
M ( I nmley ) , 7 to G , won ; Alarum , 110 ( Dog-
pelt ) , S to 6 , second ; Ml. Wnshlngton , 93
( Neville ) , 7 to 1 , third. Time ! 1:41.
MICIIAKl. HEATS MIS OVIir.COHn. .
Defeat * Frnnk Stnrtiiiek for the Third
Tim i * .
NEW YORK , Nov. 23.-Jlmmy Mlclmcl ,
for the third time this yenr , defeated
Frnnk Stnrbuck of Phllndclphln tonight.
The men met In n twenty-live mile con
test over n carefully prepared board track
In Madison Square Gnrden nnd the "Rnre-
bit" mndo n rnunwny rnce of It nfter the
second mile had been completed. He won
In W:291-5 : , thus beating his own Indoor
Chlcngo record by 2:051-5. : The finish by
Stnrbuck wns thirty Inps behind nnd ns the
track mensured nine Inps to the mile the
gunner wna left three nnd one-quarter
miles behind.
The track has never been throunjied ns It
wns tonight. Over 16,000 people passed
through the turnstiles , nnd hnlf ns many
more were left outside that the , house wns
not nblo to accommodate.
In the mile handicap "Nat" Butler , the
"Handicap Klnp. " bent Jenn Gongoltz , the
"Unpaced King , " pf France liy three ynrds ,
both starting from the scratch ,
Edward Taylor , middle distance chntnplon
of France , gnvo nn exhibition , paced by
Longolz nnd Lnn Jack , the Frenuh cham
pion tnndcm riders , at forty-two seconds
for n third of n mile.
Michael nnd Starbuck were faced by tnn-
dems. Michaels jumped oft In the lead ,
covered the llrst mile. In 2:01 : , In the seconit
mile , o.\ing lo the poor pacing , he. fell back
nnd Stnrbuck passed him , Mulshing the second
end mile In 2:09 : 1-5. At the end of the third
Michael had gained one lap nn his opponent
and from thcro to the end of the rneo there ,
nns only one In It nnd nt the end Mlclmcl
wns thirty laps to tlic good.
Gltll-TO HAS A UUill OLD TIME.
Finally Leaves Chlcngo Hnllier Thnii
Stny In Jnll.
CHICAGO. Nov. 25. Young Grlffo , the
pugilist , who Is matched to fight Ixivlgnc
In California , went Into the Harrison street
police station last night rather than go
west to his training quarters. A short
ttmo In the police station convince ! him
that a Pullman car inns more pleasant than
u cell nnd he mournfully promised to stnrt
Immediately If he were given fie chance.
So his manager nnd his friends took him
to the train. He bus been having a gay-
time on State street and spent all his money.
Colonel John P. Hopkins , the- theatrical
manager , whose theater Is on the cast sUK-
of State street , advanced Grlffo the money
with which to go west. Grlffo got as far
ns the wcsti ldc of State street , where he
pluck , fi-cn Colonel Hopkins had him nr-
rostoil an-1 told him he could go west or
stay behind the bars , as he liked. Grlffo
oio o the bars , but later changed his mind
and was hustled on board a train for Cali
fornia.
THAI1 SHOOT COXTINTUIl OX 12 I1AV.
fn.-ililc to Complete tlir Twonty-IMvt-
Illrd Context.
ST. LOUIS , Nov. 25.-Thls was to have
been the last day of the trap shooting tour
nament at Dupontpark , but as the twenty-
live bird shoot had not been concluded to
night , the- contest will be continued tomor
row. A number of the contestants flnls'ied
their shooting today nnd left for their re
spective homes this evening.
The twenty-live bird contest was the prin
cipal event of the day. W. G. Sergeant of
Joplln , Mo. .was the only ono to make
clean score , killing t'.vcnty-llve strals'it. ' J
L Winston and W. Herman of Kansas City
R O Helices of Dayton , O : Captain Bart-
It tt of Buffalo , J. A. R. Elliott of Knnan
City , Charles Green of Clear Lake , la. , nnd
Dr. Wlnblngler of Alexis , 111. , tied on
twenty-three birds.
Preceding the big shoot there was a
lifteen bird sweepstakes. Helkes , Gilbert
Sergeant. Wlnblngler , Sumpter and Elliott
divided llrst money In this event.
I V11ICTJJBXTS FOR RACIST HOUSE y.E\
Cliarjred TvUli Perpclriitlnw Krmid
on the Knot * Trm-Ic.
ST. LOUIS , Nov. 25. The grand jury o
the St. Louis criminal court rtias , under the
new law passed by the- last legislature , en
titled "Frauds In Her j Races , " found in
dlctments against C. S. Herbert , Frei
Hagenfeld , M. G. Wlnans and O. A. Arthur
charged with Using Implicated In the Little
I-Ain case of ringing at the St. Louis fil :
giounds last July. It Is said that bone !
warrants have already been Issued nnd thn
St. Louis deputy sheriffs have gone to Cln
clnnatl and Covlngton , Ky. , where the ac
cuscd reside , to try and serve them.
Shoot for Turkoj-M mill Ton Sot.
An all-day live turkey shoot was con
ducted on the grounds of the Omaha GUI
club yesterday. Although It was a mos
unfavorable day for shooting , several excel
lent shots were made and the score ns i
whole. . Avowed very creditable marksman
ship. The shooting continued from 9 a. tn
until dark and the participants enjoyed It n
a good imitation of a real turkey hunt
Messrs. Snwad nnd Reed tied for the firs
prize , a silver tea set. SmeadAOII In 11
shoot-off. Messrs. Bruclccr , Nason an' '
Marsh were tied for second prize , an Ens
llsh Fetter. Brucker won In the shoot-off.
Among the visiting sportsmen were th
following : Messrs. Peterson of Coon Rapid.1
In. ; Jim Den of Arapahoe ; W. T. Den o
Brownsville , Neb. ; Duer of Hastings , Neb.
Schrocder of Co'.umlms , Nob. ; J. M. Crabll
of Clarlnda , la. ; Hopewell of Tckainah
Neb. ; George Rogers and Latshnw of Lin
coin. The following score was shown by Ki
tally sheet :
Parmelee 20212 22221 22022 1
Brucker 12W1 22212 11112 1
E. Kail ) 22021 02\V
Carmlchael 10020 12vv
Ackerman 120J1 10102 01020
Sqlrrel 22021 OOw
Randlett 22111 11222 00212 1
Hughes 12101 10w
Marsh 11211 21021 22111-1
Jones 01112 22200 w
Smead 12112 22121 1111 1
Reed mil 22212 1B22-1
Wldener 11110 22112 11101 1
Bn-wer 12111 002.2 21002 1
Latshaw 21102 12220 2C222 I
Stubbs 21012 21021 22221 1
Loomls 11102 01011 0 21-1
Fogg 11102 10012 20100-
Nasoil 12111 22011 11122 1
Samuha , 11101 21122 11110-1
FlroM of Day.
PENSACOLA. Fla , , Nov. 25 About $100,00
worth of property was burned this morning
by a flro that was started by an Incendiary
In the old compress building , which wa
used by several firms as a warehouse fo
the storage of hay and fcedatuffs. The fir
sptcad from this building to Clubb's lumbe
yard , the old freight house of the Louts
vlllc & Nashville rail'oad and the com
pany's new freight house. The latter wa
filled to the roof with merchandise that hm
been pouring In since the removal of quor
antlno restrictions. All of the contents o
both freight depots were destroyed.
SILVER CHEKK , Neb. , Nov. 25. ( Special
The school house In District No. 48 , Natic
county , burned down last night. U Is no
known how the flro originated.
SIOUX FALLS. S. D. . Nov. 25. ( Specla
Telegram ) The Sioux Falls creamery plan
was destroyed by flro tonight. Leas c
mated at JC.OOO.
DeutliH of n Dii- .
BEATRICE , Neb. , Nov. 25. ( Special Tele
gram.Mrs. ) . Henrietta Valllant , mother o
Mitt , S , S. Moody , died at noon todny at th
latter'ti homo , where aha had resided fo
moro than twenty years , Deceased lacke
only a few months ot being 91) ) years uli
Death tesultcd from old ago superinduced Ii
a paralytic Gtroke , from which ulio had till
fered for over two years , The funeral wl
bo held at 3 o'clock tomorrow.
LONDON. Nov. 25. Admiral Sir Auguatu
riillllmore. K. C , I ) . , retired , U dtad. Ho wa
boni lu 1822 , Mas n.a 'o a rear aJinlr.il in 1S7I
a vlco admiral In 1879 and an admiral I
1SS4. Ho retired from the service In 1SS7.
CHICAGO. Nov. 25. Dr. Minor Hoymond
one of the founders of thn Northwestern mil
vcrtlty , Evaiuton , died today after a pro
traded illness aged TO yearn.
I'rlxo for ColloKo HIiidentN.
COLUMBIA , Mo. , Nov. 23. William J
Bryan has given to the Missouri State mil
verslty J250 , which la to be used annually I
( "THE QUEEN OF TABLE WATERS" ) .
BEY/ARE OF SUBSTITUTIONS.
t wnrdlnp n prlto. for tlip best essay on tho-
clence of Kovirnment ,
OHKl'AST I-'Oll TODAY'S WttATIICIU
Jonrrnlly Knlr unit Colder , with
Xorlhorly Wlndx.
WASHINGTON , Nov. B5.-Forec.ist for
"rldny :
For Nebraska and Knnsns Generally fair }
older ; northerly winds' .
For lonvn Rnln or snow In the. morning ;
robnbly fair In the nfternoon ; decidedly
older , with a cold wave ; northerly winds.
For Sou'li ' Dnkotn Gcnernlly fair ; colder ;
ortlierly winJa.
For Missouri Clearing In the morning ;
robably fair In the afternoon ; decidedly
Bolder , with1 n cold wave ; southerly winds ,
ecomliiR northerly.
For Wyoming Generally fair ; colder ;
arlablo winds ,
l.oenl ItoiMii-d.
OFFICE ! OF THU WBATHRU BUREAU.
OMAHA , Nov. S5.-Om.ilm record of rnlnfall
nd tempera lure compared with the. corrc-
pondtng day of the last three years :
1S97. ISJfl 1S.T. . 1KM.
tnxlmum temperature . . 42 Co 23 55
tltilmum temperature , . 31 30 19 33
\verngo tcmpcrnturo . . . . M 43 21 44
Inlllfnll 0.1 .13 .1C .00
Record ot temperature nnd precipitation at
Omaha for this day nnd Plnco March 1 , IS97 :
Normal Tor the day 33
Excess for the day . , ?
\ccumulatcd excess since March 1 . .o41
N'hrninl rnlnfall for the day 03 Inch
Totnl rainfall slnco March 1 17.P.1 Inclifft
leilclency since March 1 11.12 Inches
2xccs9 for cor. period , 1SW3 4,08 Inches
Deficiency for cor , pcrlo.l , 1S95..0S2 Inches
Report * from Slntlntin ut S p. in. ,
75lh Mctlillnn Time.
Whether itching , burnliiR , blccdlnp , scaly ,
cniJtcd , pimply , or blotchy , whether simple ,
scrofulous , or hereditary , from Infancy to ago ,
opcedlly cured by warm baths with CimctmA
SoAi1 , ( jcatlc anointings with CUTICUIIAoint (
ment ) , the ( jrcat skin c.iro , and mild doses
of Ct'Tici'iiA RESOLVENT , greatest of blood
purifiers aud huinor cures.
Ii oM IhrotiThont the vcr'.il . , POTTED Ds
Cour. Silt lVoi . . llo.toc.
as- How lo Cure L trT nioM llumor"frte.
P3P.P MIIMRRQ rcmns "llr tnd B by niem-
i n liu SlUtiKJItO ' if cipt-l brCi-TicuK Soxi
DR. E. C. WEST'S
flERVE AND BRAIN TREATMENT
i THE ORIGINAL , ALL OTHERS IMITATIONS ,
fagoldumlor positive Written unrnntco ,
neee , WiKr.t LKissea , JCvil lircsms. ijiclc ot uonu-
doiicoNervou ncn3LnKaitndoiillUralno , Youth-
fill I'rrors , ur licc'B3ivo ! U"0 of Tobacco , Opium ,
nr Linnor , yhlrh leads to Mitery. ConBUmptlon , .7
Insanity nud Urath. At otoro or by mnu , $1 a
hoi : els for W ; with written Btmrantee * O
I'.nro ox1 rcfuuil inniicy. Sample jincU-
ngc , CjiUiiiiiit ] | five dnyo' treatment , with full
Ia6trr.ctioti3 , " 5 cents. Om eninnlo only Bold to
each jioreon. At store or by mail.
Label Special ,
Extra Sticnglh. f
ftyFor Irapotoncy , Loan ol\
1'owor. Loat JJanhood ,
Btcrility or Barronnors. ' , , j
SI n box ; six for $5 , witlig-J
f Vi-'l" ' euro In JPdt > c. At ctore1
.MyiTu Dillon Unit ; Co , , S. E. Curucf
Iflth anil l < 'iiriiniii Sin. , ( linnlia , Neb.
AMUSHMKNTS.
The
TOMRHT AT Sil. % .
NO PERFORMANCE SATURDAY NIQIIT.
Milliner Siiturilny.
JACOB LZTT'S '
Mammoth Scenic Production of the Sue-
ful Play ,
I'axtou K UUI-JCSH.
.V.unaucr.t. Tul. 1031
.SATI'UDAY KVK , XOV. UT.
First appearance In Omaha of the World' *
Champions ,
GEO. DIXON and
JOE WALCOTT.
Under the Management of Thomas O'Rourko.
I'AXTO.N & IIUHOES3
Tulephono 1019.
SflTURDflY , KOV. 27
MATINEI3 AND NIGHT
JDavJs J3ros
'LETOM'SCABIN ' '
Jviu-o | t oomimuy in tlio world
Pnxloii tt Ilurgcsi
.Mmuicni : ) ,
Tel , 1031.
4 NiffMs . Nov. 28
ANJJ MATINKH WKDNKSDAY
' B
Champion of Iliu World
AND HIS HIO VAUDEVILLE AND
ATHLETIC CO.
Direction Martin Julian.
1'rli'C.s25c. . iOc"7&e-fI.OO.
IIOTKI.S.
THE MILLARD
liHIi and Douglas his , , Omaha
CKNTICAU < Y UXMTKIJ.
American pluii , fJ.&U pur day MIL
Kuiopuun plan , tl.O ) per duy up.
J. H. MARKHI. & SUN , Props.
BAUKEia HOTEL.
TIIIUTUK.VTII AM ) JOXHS 8TUI3I2TP.
HO room i , Latin , ( team lieat and all modern
conveiiUnctti. Hilton , tl.M and IZ.M per day.
Table unexcelled , ( Special low ratei to reculil
D1CIC 4UITU. Manner.