' " "TilE "OMAtIA DATLiY BEE ; SATURDAY , J Afrit Alt'V 'JTT"l ; 'fjgT" TT INSURANCE COMPANY WINS * Jnry in Federal Court Decides Against filevena' ' Helra. MISSING BANKER'S ' DEATH NOT PROVEN ClrrmiiMlnnllnl Kvlilrtu-t- ( Snlllolcnt to SliiMV lluil HiIN > nt l.lvliiK Illstorj nt tin- Cute In llrli-f. LIS'COLX , Jan. 23. ( Spcclnl.-In ) federal court ilio Jury brought In n verdict for the defendant In the Stovcna Inauranco case. The first ballot taken noon after the jury retired stood S to I In favor of the defend ant and at ! : IG they were nil for the de fendant. Judge Mungcr'n Instructions to tlm Jury were mostly confined to consider- ntion of the disappearance of Stevens and the probability of his being alive. Ho until that after n man had disappeared the law prcjumcs ho Is allvo for seven years there after , unless circumstances exist strong enough to overturn this presumption. Ho said that dc ath could be proved by circum stantial evidence na well a any other fact can bo so proven. The Stevens case has attracted consider- nblo attention In Insurance and legal clr- cc ! . It was first commenced In 1S93. CU-orgo 1) . Stevens of Crete carried $ "i,000 llfo limnrnnco In the Northwestern Mutual ] < lfo company , nnd , having disappeared In August , 1S92 , his relatives brought cult to collect the policy. This case was tried In federal court before Judge Dundy nnd the Jury brought In a verdict for the plaintiff , The attorneys for the Insurance company assorted that Judge Oundy's Instructions to the Jury were highly prejudicial and car ried the ease up t the United States court of appca'o. ' There It was reversed and re manded for a new trial. AVHKN STKVHNS DISAPPBAUBD. The history of tills CUHO Is recited In the opinion banded down by United States Cir cuit Judge Sanborn , and Is published In volume S < " > , United States court of appeals. Ju Ig" Kanborn said : Tlin c'vHonri' tendril to show that about oniy. . : ir before the bringing of the fult tbc lnniii-1-il was the owner of Hourly all of the HI in-s In n b.-mk , and that Ills wife owned tinbilatiee. . The bank at the t'me ' was Ins - s > lM-nt ami thn state examiner had notllli'd tin- Insured that tlm bank 'would ' be closeil unit s the riipllnl was restored. The Insirreil v.ii also InsolvilH and for some lime had I'I-I-H threatened with proce-edlngs to efinpfl him to account nu an administrator of an < tiite. Tbrse faets were not ; known In the < 'immunity ' In which he lived. He was .1 iin inlier of a. church and , of various socle- tii" . lie was between -10 and GO yeais ol ne. bad a wife , and two children and w.ii < an affectionate. bu l > .ind and an Indulgent l-'ther. lie was altaeb- l to Ills family and his domestic relati.iiHAcre aKreeable. Hi . e-zteeined In the comnin- A\-IH n-xpectod .mil - niiy. About this time ( Aimust lit , iv. ) he took $10 In money and a draft on u Chicago li.ink Tor STS , gave his wife $ ir > nnd hla soi v- < nn $ "i , took two valises , one of. wbl.-h i-on- t line 1 nothing but an ovcreo.it. and went to I'hlcuKo. lit registered at a b1 lei In tint city on a Sunday morning and visited the expu.-ltlnn grounds on that day. He ! < in-lined at the hotel until aliont 11 o'clock on Tileid.iy. when ho | Kiid bis bill , took bis v.ilises nnd said that he wn.i golni ; to Mil- iiiilue , but Inli'ii.led to wto ; at llnelnion tinway. . A fs w minutes later he met a friend In a ticket br-ker's ? otlli-e , where he iihked for a ticket and s lid that ho wan going soincwbere for a couple of days , thun to .Mll-.vaiikro and thi-n to his home. Hu \\tin not hearil of afterwards. A witness iwhoqo veniclty was Impeat-bed tcs'.ltled that be saw and convert-oil with him In San Fr.incisco about two- weeks -iftc-r his ill' ' ap pearance. The fact of the Insiirod's dlwip- i-i . .ir.iiiciwas noticed In a paper of lu'l.OtK ' ] circulation an-1 his picture w is published In this p.iiper The hotels of OJiic.iKO were m-arclied by the police and r > , OW ) clrculai-s containing descriptions of him were dis tributed over the United .States and Canada. Some of the dally papers of Chicago and Itoston contained cxtem-'lvo notices of. his UKVBKSIIJM3 INSTRUCTION. Judge Sanborn Hield that In nn action bji a mother and daughter against a life In- Hiiranco company on a policy of llfo In- ; ( uranco on the life of tlm husband nnd father It Is reversible fop rho court to charge the Jury as follows : Whenever there are women or children connected with a ciue I make it a rule to pay ns little as possible to the jury when fie matter Is llnally submitted to them for their consideration , because I have fre quently found Unit my sympathies would Kel the better of my Judgment. So I have found II advisable , as a rule , to say as little ns possible to the Jury H.I that they might take a full and fair view of the < lutle-s they are culled npjn to perform. Now , gentlemen of Me Jury , 1 try to close my eyes as well as I can to the fact tliat a woman and child have any In terest whatever In the result of a contro versy when It Is brought Into court. I can. not always do It ; I do not suppisu you can , It is not"expected. . If a man mm do that he Is no belter than u brute. He Is as liail as tie heathen Is supposed to he , nnd worse than tbu horsetlilef Is thought to be. If he could close bis eyes to that fact , lose nil sense of decency anil self-respect , he would not be lit for a juior. lint so fai ns It Is possible for you to do that , you do so. and decideno case precisely as you would If It was between man nnd man or between ! i woman and a woman. In connection with the above Instruction , which was given by Judge Uundy , Judge Snnborn said : v In our system of trial by Jury the prov ince and duty of the prcsldlns Judge Is to llx the attcntlJii of the Jury upon the Issues on trial and upon the evidence that IN material to their determlncitlon. to guard them iiKiilnst the Inlliiences of sympathy , lUPHlon or prejudice and to secure a fair and Impartial trial of fie Issues presented. The main Issue which this Jury was tryliiK was whether or not the. Insured bad died hefore tlu'se actions wete commenced. The consideration of what party or partlen w mid be bmellted or damaged by tie tie- tcnnlnutlon of thut Issue In ono way or the other was utterly Irrelevant to tills question. H could not tend In any way to assist In correctly deciding- . It was worst ) than Irrelevant and Immaterial. U was positively pernU-lous. ANOTIlim IlItOKBX HANK CASB. I-Vderal court wits occupied today In the hearing of the case of II. B. Lewis , receiver of the Duff/ilo / County National bank , against K J. Swltz. for an assessment of $4,100 madu Against him on $ & ,000 worth of stock. It Is net up by the defense that Swltz was not the rr.il owner of the stock and that ho should not be assessed. Tno showingwai inado that somu time ago when the bank was In a goad financial condlton : Judge P. O. illamer owned 100 shares of stock. He- coming financially Involved , his stock was transferred to S-wltz. who now asserts that It was understood that It was to bo later transferred to another party , nnd that ho was to bo released. The plaintiff seeks to prove thut Swltz was the real owner of the uliH'k , and In this he Is sustained by the records of the tunk. All the U-Htlmony was put in during tlib nflernoon and the argument was commence , ) licforo adjournment. The submission of tlio CM si > will bo lomplctcd In the morning- Monday the cao of 1C. K. Hayden against tlio United StaUH National Dank of Omaha will 'bo taken up. OOSSI1' l-'HOM TUB STATB HOUSB. At a meeting of the Slate 1'rlntlng Hoard today there were a number o' tiiJdere , but 1ho Hunter Printing coniUiy | ! scc.ircd all the contracts , making the lowest bids , as follows : Bight hundred copies state bank reports , sevcnty-tlvo pages each. ? 1C9 per .jingo ; 300 copies building and loan associa tion reports , fifteen pages each. $2 per page ; i'00,000 blanks for tlio labor bureau at nu cents per thousand. Tlio board has Just re ceived from the Hammond Printing company of Fremont 100 uxm \ \ books to ln > sent out to the county treasurers. The coatp.ct price on these was three-fifths of a cent per page , each volume containing about 300 p.igca. Tlio contract for the same work two years ngo was let to the State Journal company for 14 coins per page , or over double the jirlco paid for the work this year. The state superintendent reports that them Is a continued and Increasing Interest .J . In 'tho ' educational department of the ex position , and that m-hoola employing 1.7SS tc-aclu'-ti have applied for space for exhibits. This number docs not Include the oppllra- tlons from private and denominational schools , normals and Chaulauquas. It Is be- Jlevrd that on .Monday , the last date when l > ldlratlou cau lu received , tbu number of te > rliers represented will reach the 2,000 mark. The sp r < " ry of the Cuban Ile-llef com mission hai rccuvcd notice from the mayor of AltiM o ! tie ! appointment o1 a looil com mittee at that place. The Allen Uros Wholesale Grocery com- puny of omah.i nid articles of Incorporation with the secretary of state today. The cap ital otoek IR WO.OOO. all to be r ild up U full before the commencement of business. The corporators ara Bdpir Allen , Oscar Allen , Arthur Alien nnd Bmma II. Allen. Thn following notaries were commlMloneci today : Charles \Voelz , Or.ind Island ; I. 11. Ucnipey , Ararohoe ; J. W. Wilson , Stromn- burg ; M. C. Remington , Day. Ucucl county ; James B. Hush , lleatrlce ; George H. Heed , York : C. \Vechbach , Crete ; Brlch Jacobfl , Slaplchurst ; C. A. Songster , Bxeter ; Ward K. Dobbin , Ilertrand ; W , C. Calcy , Crelghtcm ; U. Ij. Scovel , Chadron. HBLIIIC KIM2S HIS UKP1.Y. Otto W. Ilelblg his filed a reply In his suit In tlio district court to compel the In vestigating commlttro to i.iay him $25 per day for his work on the books of the state treasurer. Ho maintains that the written contract lo tiay .ilm $5 per day was signed on the express cmdlttan that ho be paid an odilltlonnl sum sufficient to bring the rate up lo $2. ner day. Ho nays thnt the com mittee wanted the written contract to . 'how- to the other on > crts who were being em ployed at a cheap i.rlco. Ho pronounces the action of the committee In refusing to pay him the stipulated amount to be fraudu lent , and for the imrposc of cheating him out of his Just due. In the meantime , t'.ie committee has so industriously Hont Its time In drawing money from the treasury that there Is now ecarccly JI.OOO left of the original apprciirlatlon. In order to make the balance last as long and do .is much good oe possible.- the ruling members of the com mittee have- discharged all cf the experts but Mr. Silver , and have sent one or two members of the committee home lo thel" farms. It Is said that the program now Is to iirotetid lo carry the work along until t'.io cnmmenrenmil of the ncxl state cam- IKilgu , then ni'ikc a final report and disband , turning back $100 or ? 200 Into the state treas ury , so that campaign speakers and pub lishers of "Nebraska Redeemed" catr.i.ialgn books m iy vointltli pride to the fa"t that the committee did nut nb.5orb all of the ap propriation. This means two or three months moro of easy living for Messrs. Mutz , Heal and Sliver , and very slim ( ticking for the Chicago expert. LINCOLN LOCAL NOTES. A Joint meeting of the executive committee nnd the committee on giounds of the Ne braska Bpworth CHsembly was held here yes terday. H was agreed to accept tlio Llnco'.n park offer , provided that Lincoln people sub scribe enough money to make some needed Improvements. The committee aii'.iolpitcs no trouble In carrying out the -vi'idltlo.ts , and It Is now almost ctrtaln that ire Kp'vorth assembly will meet at Lincoln i nr > : tha ccm- Ing five years. The date of the 1SS ! ) meetIng - Ing Is set for August : i to 10. It was also decided to expend tiO per cent more on tlio program than was spent las' summer. An cntcrtulnmont will bu given by the university students nt the chapel tomorrow evening for the benefit of the College , Set tlement. A promenade concert and ball was held at Representative Mall tonipbt for the bene fit of the Auditorium fund , under the aurrjlces of the Young Mcn'o licard o ? Trade. Over 7fiO ticket. ? were sold nt $1 ci.ilece. Audi torium button Xo. 1 was rold 'at auction far $63 , John U.irpan being the nurcliaser. Xo. 2 brought $20 end Xo. n , $11. After the con cert nnd au.-tion there wan dancing. The music was furnished by an orchestra of forty pieces. TItOl'JII.r OVKlt A II1LI.I VIED HAI.I , Tern pern iu-e ItcNortn ( "iniseItciitrlcc t'll.v I-'allici-H SCIIIMAnxiety. . HBATIUCi : , Jan. 28. ( Special Telegram. ) The mayor and city council aio experiencing some difficulty In their efforts to close ! hi > temperance billiard balls of the city which Lave been the- cause of trouble requiring pollo Interference. Yesterday a new license \\as secured from the city clerk for one of the/ places for which the existing license had been i evoked , but under a new name , the clerk holding that when the fee was ten dered him with the application he had 119 alternative In the matter. Tonlnlit Kie coun cil convened In special adjourned KI > KIOII | lo consider the matter. After a call of the bouse had been raided and tlio absent mem bers had bee-n - brought In , a new ordinance governing billiard balls was read n third time- and ( lassed. It place astringent re strictions on the place , Uses the licence fee at $3 per table and an occupation tax of $101 cac.il and requires practically the same iiro- coJure In securing a license as In the case of a saloon under the Slocuni law. The following resolution was then offered and adopted by the unanimous vote of the council : "Resolved , Tbit we disapprove and refuse to cndorea or sanction the act of the city clerk In Issuing the licence for a bil liard hall after saint- bad been revoked , and we. direct tlm clerk to recall and cancel the same and the city treasurer to return any money received from sime. " In addition to this action the city marshal was Instructed to see that the place wus closed and kept closed. SAYS I'HOSPKIIITY IS ItlfillT IIIOUIO. Xelirimliii Farmer ( ilvs FlKiii-c tu I'rove Ills AHNci-tlnii. PARNAM. Neb. , Jan. 28. ( Special. ) An old resident of Frontier county , twelve mllca from heie , said today be had Just de livered his lasl load of wheat of the last crop and that h'a ' summer's worked smnme'I up as 'follows ' : Ono thorsand bushels of wheat ho sold for $ C30 ; 1,000 bushels of oitn at $100 ; 4,000 bushels of corn to be sold for $ BOO ; 100 Lusheia of potatoes. $ .r,0 ; 100 hots ; bcltig fed by which he expects to double the valueof h'ei corn , making an addition to the above values of hogs and corn , $1,200. Thlj gives a totil of not less than $2,500 , and his only help has been hU 11-year-old son. This man , whoso naino Is Al Doyle013.1 this la genuine prosperity end that few men In the eastern Hates can show as good a record. IJo Is satisfied that Nebraska Is all rliht ; and that IS'JS will show better rc.su 1U than Ib97. Set-ret Socli-flcN al Harvard. HARVARD. Neb. , Jan. 28. ( Special. ) The fraternal assoclatlono of Harvard have- n--iile the Ictit week one of more than usual Interest In a lltorary and social way. On the evening of the 20th Harvard lodgeNo. . S3. Knlghta of I'ythlaa ' , gave a public In stallation and banquet , assisted by ( irn.id Chancellor H. M. Hoydston , Vice- Chancellor W. W. Young , Grand Keeper of Records and Seals W. II. Love , Supreme Representative \ \ ' . L. Seism and Richard O'Xoil. On the evei'ng : ' of tlio 25th , Mro. Hapeman , state orgttilzer , visited Harvard chapter , L. of 1' . B. 0. SlsterhooJ , aes'stlng In the Installation ceremonies. On Monday evening , the 24th Inst. , Captain W. C. Hcssy , department master workman of the- Ancient Order I'nlted Workmen , gave an address In the Interest of Harvard lodge , No. S2. TutsJay evening this lojgo gave a public reception and supper. Wt'diieficMy evening Interesting lodge ecr- vlccs were held. Last ovculng.Mr. . Llndley , master work man of Kalrmount lodge , gave a public ex position of loJgo work on canvas after which twenty-tight members was Initiated Into the lodge. Hcllcvuc llrlef * . nKLLEVUB , Neb. . Jan. 2S. ( Special. ) Thursday being "day of prayer for colleges" the usual exercises for the day were omitted at Uellt'vuo college. At 10 a. m. a prayer meeting was lu-L ! at the college chapel , In structors and students being In attendance. H the afternoon Rev. Stephen 1'helps , I ) . I ) . , if the Omaha Theological seminary delivered an address at th ° 1'rcsbyterlan church on 'The Chrlst'un ' College ! Its Orowth and Influence. " In the- evening the Young Men's C ) rlstlan association hold a brief service at Hie college. The cold weather of tlio last few days will enable all the Ice men In this vicinity tu put up their year's supply of Ice. A detail of forty men from Ko.-t Crook are encamped at the river and will remain there until they have secured what Ice Is nevduJ for the fort for the summer. Train Service I'lciiHCN ( 'oltinililnnx , COLUMHUS , Nob. . Jan. 2S. ( Special. ) The announcement In yeutcrday's Dee of the reorganized train eervlco on the "Overland lloute" was hailed with delight by the pro- ; ilo In this part of the state. It offers to them au accommodation which they have uot had In many years. Vndf-r ( he new s-helul ( p ° oplo on the cti'irc s > st < .m of branihw on ! of till * city ro cnab.cd to vis.t . Omaha oni put In nn entire day's business , attend the theaters enl return home by the late trait and Ret eevpml hours sleep before morclug M > -oy are- Intending now to visit the cxposl tlon oncp a week , taking advantage of th ( early and lote trains. They can arrive Ir Omaha at 7 a. in. nod have- the whole daj to visit the grounds and return at night avoiding any hotel expecves. Public ItiMliiHiitlon. COLUMDt'S , Neb. . Jan , 2S. ( Specl.il.- ) The social event of the erason was the pub lic Installation of officers of Columbus wmp No. 35 , Woodmen of tlio World , of this cltj last evening at Odd Fellows' hall , fiwni Secretary John Yatcs o' Omaha conducted the exercises. The following are the officers for the ensuing year : J. N. Kill-in. C. C. A C. Strauss , A. L. ; Rev. DcGell-ir , C. ; J. N Honlhin , banker ; Augu.-t Stall , watchman 11. llrojfeuhrer , Ruble ; L. C. Vosa and II Tlrsslng. physicians ; C. J. Oarlow , Q. II Ppelco tcid L. C. Voss. nianagem. Pollow- Ing the Installation exorcises was a llte-rarj and musical program- and the evening's en tertainment closed with a grand banquet ami spread to which 150 people sat down. I'll llneiInxtltllU * . NORFOLK , Neb. , Jan. 28. ( Special. ; The third annual meeting of tlu Norfolk Farmers' Institute coneludci Its session today. . U has been an exceedingly interesting and profitable meeting. K. P. Stephens of Crete gave nn address on "Horticulture , " L. 1 * . Luddeti of Lincoln on "Poultry nndDee , " nnd Prof , Lyon of the State university one on "The Lessons of the Drouths. " In addition to this a number of local speakers contributed ad dresses , which were followed by lively dis cussions , The executive committee was In structed to make provision for a harvest home festival next fall , to bo held under the auspices of the Farmers' Institute. Kate in n Chicken Thief. LYONS , Neb. . Jan. 2S. ( Special Tele gram. ) A young man by the name o ? John Scward , who has been mak ing his homo with a family by the natro of FerSIp on the HUekblrd , was de livered over to the marshal about 12 o'clock last night anil locked up until today. Seward wa i escorted to town by four of hli neigh bors armeJ with shotguns , who had caught him In the act of stealing chickens with a two bushel sack. He was brought before 'SquireClemerts this afternoon and pleaded guilty to petty larceny and was llne.l $10 and costs , or thirty days In the county jail , I'inilti-y Sliv. . NORFOLK , Nob. . Jan. 28. ( Special. ) The first annual exhibit of the Klkhorn Valley Poultry and 1'et Stock association , now be ing held In thlo city , is a sncceru nnd ex ceeds all expectations In Intel cat and variety and number and1 quality of exhibits. There are over 300 birds en exhibition. Including nearly every variety. Resides Norfolk's handsome exhibit thcro are many fine pern from Madison , Humphrey , Scrlbncr , Carroll. Hattlo Creek , Craig and other towns. L. II. Harris of Palmyra Is acting ns Judge. Clone or Pnrnit-1-H * Institute. HL'MIIOLDT. Neb. , Jan. 2S. ( Special. ) The Farmer. ) ' Institute closed last evening with an Interesting lecture on "Child Study" by Prof. J. W. Dlnsmoro of the Lin coln university. Muulc throughout the ses sion was furnished by the different choirs cf the city. Olllcers for the coming year were elected as follows : J. H. Herry. presi dent ; Paul Nemecliek. vlco president ; .Mrs. J. II. Ilcrry , woman president ; C. L. Hum mel , secretary. Musi Pay Tlu-lr \ < ilc . NKI1RASKA CITY. Jan. 28. ( Special. ) A number of the merchants of this city were induced about a year ago to join a collection agency. They gave their notes hi various anira from $2 , " ) to $39 , to the traveling rep resentative. Thc.se notes were to be pay able after the agency had collected $200 of tad debts for each subscriber. The notes have now tinned up la a local bank and although no collections bu-e been made by the concern , they will have to be paid by the makers. Ii-eiueii Hurl. TECUMSEH , Neb. , Jan. 2S. ( Special. ) While engaged In hauling Ice yesterday Al bert Chamberlain , a teamster , became caught between an embankment and his heavily loaded wagon In some manner and ono of the wheels of the wagon pas-ed over his left foot. Hij ! fihoulder and haml were -also - in jured. Lewis Imlcr , a workman at the Icehouse house- , fell frcm a platform ten feet In the air to the Ice-covered surface below and was 'badly shaken up. All I'ny In Cimii. NOUFOLK , Neb. . Jan. 2S. ( Special. ) At a public sale at the. farm of I' . F. Nenow , two miles southeast of this city , yesterday a large amount of property was sold and while nlno months time was offered on all sum. ? In cxcos.3 of $10 , not a single note wao given , everything being paid for ta cash. Tills Is quite unusual and proves there Is no scarcity of money now and that the farmers have a good supply of It. i\-OIIIcliilM l-i- < -mrliiu | in Scl < lc. HAYES CENTER , Nob. , Jan. 28. ( Special. ) iMorsrs. Hudson and 31ay , ex-county treasurers , who were shown 'by ' the report of the expert who examined their -books to have retained money belonging to the county , have completed checking over the report. They llnl It correct and are making arrange ments to settle with the county. The report Is now going through the bcks of the county clerk. Punt-nil n < lliiinliolilt. HUMI10LIJT. Nob. . Jan. 28. ( Special. ) The funeral cf Miss Lydla Hlcchers was held at 3 o'clock today at the Presbyterian church , the nermon being preached In two languages , by llev. F. Unland , a former pastor. In Kngl'sh , and the second in Gcr- mun by llev. Eberhart of thu German Meth odist Episcopal church , of which deceased was a member. A milt cur Then trlcnln. FRANKLIN. Neb. , Jan. 28. ( Social Tele gram. ) The Royal Neighbors lodge of this place gave a drama at the opera house to- nlglit to a well filled house- , their play being "Tho Coming Woman. " T'Jo Franklin Academy orchestra furnished excellent music- . Tlio proceeds will be used to furnish the ledge hall , III Owill-l-Nlllp. TECUMSEH. Ncto. . Jan. 28. ( Special. ) The old outfit of the defunct Hlcknmn Re publican plant I.UH ibeen sold to Clem Wll- san of Johnson iby George Dorsch of this county and the plant will , bo removed to Johnson , where Mr. Wilson will commence the publication of a weekly paper. Middle .Sliilt.il. TECUMSEH , Neb , , Jan. 28. ( Special. ) C. E. Gottula , a farmer , tied bis pony to thet hltchrack In Elk Creek Wednesday evening whllo ho went Into the store lo do Bomo trading. When ho came out of ( ho ttoro his wns tynnn. Ill-Ill IIN of II liny , NEW YORK , Jan. 28. William Snolllns Cloke , who was nn ensign on tlio war ship Trenton-whcn It passed through the terrible storm In Samoa harbor , and who spent two years In the coast and geodetic survey of Alaska , Is dead at Trenton , N , J. , aged 31 years. NORFOLK. Neb. , Jon. 2S. ( Special. ) Dr. U. 1) ) . Richards , en old and wealthy resi dent of thlj city , was suddenly stricken with apoplexy whllo onter'ng his rooms In the Richards block last night about 7 o'clock and fell to the lloor and died before help reached him. Ho leaves two daughters , one the wife of Hon. A. J. Durland of this city , who U now visiting In New York , and the other also married and residing In Iowa. A brother of tlio do.-tor resides at Llnco'.n. TACOMA , Wash. . Jan. 28. Hon. Elwood 13vaiio , th oldest practicing lawyer In th'fl ' slate , dropped donl from heart disease on the street today at the ago of 70 ye.ira. In 1S62 ho was secretary of the territory at.d during 1SG5-CC. wea acting governor during tlio a'taeaco of Governors Pickering and Cole. AliixIclniiH | o > Icel In SI. I.nnlx , CHICAao , Jan , 2S. The board of directors of the National I-Yderiitlon of Musical Clubs lias decided to hold the next general meet- in In St. Louis In tbc suiin ? of HW , UNIVERSITY BOYS WIN OU1 Nebraska Comes to Omahvjflnd Takes : Basket Ball flattie)1. ] ) Sfi / ! < SCORE IS TEN TO NINE IfJVfJJIIR FAVOF * ' .1' ' i MiniSiccntor | ( U'KnoM1 tlio Cintiu * K : Tliriii it < SoiA\IJi \ of Women HotiiU Slioi-l. „ , i m The lieltct Ixill team of thrt-tlniverslty o Nebraska came up to Omalm IsSt evening tt secure some revenge ( or al d glslvo dcfea ndmln'fltcred at Lincoln a few weeks ago bj the Young Men's Christian association leaner or this city. The visitors ) got what thoj cair. after , but It was delivered to them 1 : a very small parcel. After the meat exciting and best iilaycc game of biekct ball ever seen In Omaha tlu team representing the University of No brask.x won over the team of theYounj Men's Chr'stl-in association of this city bj the score of 10 to 9. The game wao exciting - citing from start to flnUli , the excltemcni reaching Us climax In the Vast tntauto ol playing , when a goal from the field woul- ' have won for Omaha ai\d a goal from o foul would have tied the flcore. Hut the vLiltors had worked too hard for their nar row margin of victory to Icoc It at the last moment , and so they clung right to It as tightly as an argonaut would to a pass ti Klondike. The contest was witnessed 1)y a crowd ol 300 spcct-itors a'.id their shouts and cheer * showed how they enjoyed the sport. Around the main Hour of the gymnasium anil throughout the gallery above were ceateii champions of the rival teams. The -'all ones predominated and there was a gen erous display by them of the colony of the teams. The Omaha contingent undo the meat noise with their shouts of encourage- inert aad cheers of approbation , but o smaller representation of students from the State university exercised their vocal organs with pronounced effect. There was inucli brilliant playing throughout the garniami the playing of the second half wa-i much su perior to that of the llrst half. For the honu team Stlllson , Cortelyou and Monaghau easily excelled In play , while Story and Voder carried off the honors for the vlaltorn. It Is to bo regrcttei that the two teamr cannot meet again this season , each team now- having won oaegame. . Dr. William II. Hastings. ph > elcal director of the University of Nebraska , tuiil to The Dee after the game that another game- this season would be Im possible on account c-f the lateness of the winter season. The university athletes arc already overdue In beginning work for the spring games and will now drop basket ball for this winter. GAME IN DETAIL. The ( jamo started off with the advantage to Nebraoka , the visitors scoring two points on two successive goals from foula. Op portunities for the home team to score tu fouls were offered four tlinu in quick suc cession. but were missed by Captain lled- lleld. Things ran along pretty evenly until Cor'elyou ' llnally got the ball for Omaha and made a fine * throw into the basket. It was a gc-al from tht field. The ' score was tied. - - " , and a sliout of gMd'acclalm went 1171 from the Omaha camp , i After some Ilereo struggling Cortelyou scored another goal from the Held for Omaha , , The score was ! - : : In favor of the home team and A louder volumeof rejoicing was t heard from the lo al crowd. Nebraska soon scored on a foul , making the score 4-3. Thus the llrst half ended. - . - > In the start of the seqonJ ; half It was evident that both teams were going to play swifter and harder ball than dtirlng the llrst half. i-ach : side was now playing for "keeps. " Story scored for Nebraska after a few minutes of play on a foul by Omaha. Score : -1-4. Captain Ucdfield of the home team missed another goal , and the ball went up Into the gallery. It landed1 In the- Nebraska basket when It came down- * but not until t hail been touched by a spectator In tno gal referee properly jcfuscd to lery. The very allow the goal , despite the -protests from spectators , who were evidently Ignorant of the rules of the game. The score wus now and the battle waxed very warm. a tie , 4-1 , First the ball was near one goal , and then iust as close to the other , but It was haril o get the ball in either -basket end much nore difficult to make It stay In the basket after It had been thrown In there. 'Finally ' Story scored for Nebraska on A clever double pass , an 1 broke the tic ; score , G--I In less than two minutes Cortelyou scored for Omaha , and the score was again a tic C-C The two captains were responsible for two fouls , and each learn had another chance to try for goal from foul , but both attempts to score failed. Yodcr saon made another foul for Nebraska , but Ucdflcld nlssed the goal. Ucdlleld fouled by shoulder ing. but Story missed the goal for Nebraska. Omaha fouled again by Tunning with the chance to missed another ball , and Story Immediately secured the ball sam > . Hut he threw very pretty goal from the- ig-.ln. and n Held- score , S-C In favor of Nebraska. Time was now short , an-1 both sides were putting forth their 'best ' efforts to win. Stillson threw n goal from a foul ; score , S-7 , In favor of Nebraska. Throws were attempted only to be blocked , and the defensive work of Nebraska provJd just as strong ns the of fensive work of Omaha. Yoder soon scored mother goal from the field for Nebraska , naking a difficult throw while nearly lying 10-7. in favor of Ne on the floor ; score , braska. Omaha ( illicitly rushed Hie ball to the other end of the hall , and Stlllson scored another goal from the flel-3 for Omaha ; score , 10-9. In Mvor of Nebraska. This was the final score , for tlmo was called just as tue teams began to play again. The line-up of the teams wss as follows. Nebraska. Omiili-i Position. Still. fin . KIR" forward . . j.--S" ' * Klngciuest . Left forward . Hills ( C. ) C > rMyo > i r nt r Yodcr Monnph.m l-ft RimrdV \ndr.-sen ItctUle-ld ( CM. . Ills it Rlinrd K. 1 > . Andr. r . n SioreNebraska 10. Om.ihn 0. Xi-l < rtsk.i , ironls from field , Andrei pen 1 , Story 2 ; Konls from fouls , Story 4. Omnh.i Rxi.ils from fit-Id. Ortely u 3. SIHIcon 1 ; goal from foul , Stlllcon 1. Hod-rep , IV. William \V. HastingVmplrei" , nt-orp-e Strldilnsi n.nd I- ' . F. Hurries. Tlmt-korpor , M. II. Nol on. Scorers , L. S. Hynn and J , O rnllnh.jn Score of last game : Omaha 1C , NebriMcu 10 lletwcen the two halves of the game the spectators were amused by an exciting game between two basket ball teams , each com posed of the youngest nthlrtes In the Young Men's Christian association. The Junto players ranged In ngo from 11 to 15. bu they played a very good game , and exhtblteu comparatively as keen Interest to win ns their elders , Don Ilehtt captained the "lied. * , " and his team won over the "Yel Jews , " Captain Murdoch In command , by thp score of 2 to 1. The victors scored In the first half on a goal from the field , and the losers Ecored In the second halt on n goa from n foul. nvn.vrs ox Tin : IIINMNC FII vorlOri - In llrtlrr I'orni mid'U'h llnir ( InCnril. . NKW OH1.KAXS. Jan. SS.-Favorltcs In better form today unit won three of th six events on the" cird. Weather cloudy traek slow , llsults : First rnce , pclllug , seven nndcnehalf fur longs : Sedan woii , lloyal Choleo second Hombardon third. Time : 1:41. : Second rnoe , polling , seven nnd one-tin ! furlongs : Dunster won , Volutanto second Dlnsniore third. Tlmei. 1:11" : . . Third ruco , pelllng. six furlongs : 1'u Morrlsey won , Fred llurr second , Hverot third. Time : 1:17 : 4. Fi.nrth . rnee , handicap , ono tnllo nm twenty yards : Forbush won , Milwaukee second , Siva third. Tlmn : IMSlfc. Fifth race , pelllng , one- - mile : Uoekwooi won , Uorotliy lit second , Arezzo third Time : 1IIH- : . Sixth rneiselllnj , * . six furlongs : Hrlchtoi won , UncaH second , Shuttlecock third Time : 1:17' : < . . HAN FRANCISCO , Jan. 2' . Weathe olnir : truck fast : it liiRle ll < -i today. Thi bay colt Mont'inn ' Urgent lias been namct JIIH Young. Ui-snlts : l-'lrst race. mulden. . three-eighths of n mile : Saintly won Olluthus second , Mila : > third. Time : 0M : > 4. Second riu-f , si'lllngsix furlongs : Ti'wirh ery won. Silver State second , .luck Mnrtli third. TimelHii4. : . Third race , purse , one mile : l-'lenr - de l.ls 'won ' , lluck Mnssle second , llubtron third Time : l:4Cn4. : Fourth nice , selling , six furlonirs : Kam- sln won , lUiiamol.1 second , Amelia Foni < third. Time : lH't. : Fifth race , selling , one mile : Mnrpln' San Mnrco second Don Clnrcnclo third Time : 1 : ' , ' . Sixth ruc'o. purse , seven furlongs : Tor- nlda won. Linstock second , ' 1MdleJOIHS third , Time : 1:2Ug. : ! TlliV : SAY OMAIIX IS AI.I. IlKiltT. IMvm-rs of < lnMVsltTii l. Mpriiil'riin - vlilNiI'lriiHcil \vKli This City. CHICAGO , .Tun. 2S. One of the winter problems of IKISO ball has llnally reached a point near solution. Omalm Is practically settled upon ns fir- city to 1111 the circuit of the AVt-stern lenguo. ftcr a few pir- llmlnnrles nro ln < tulred into the Omaha people ple will be iiwardcd the franchise and be- c-vmo tin- belts of the defunct Grand Knpld ? team. It. 1-J. Seliuman and M. .1. O'llrlon , who purc-hiifceil tbo Grand Itaphls franchise , to- K-iier : with I'resldent linn Johnson nnd Thai lr Comlskry , returned today from a Hying trip to Omaha. T.icy are nil ? atis- Ili-d with the city. I'rt'.ident Johnson said ; "Wo found tbo peopl- ; enthusiastic over the prospect of . . tr..m. ana we like the town. There am nearly : : (0,0 ( < X ) people In Oma'io , South Omalm nnd Coum-ll liluffs , nd the c-ltles sc'-m to be jirosjierlng- . There Is no rc-.iMm w'iy ' base ball should not pay there. We- h.ivi * p'.aced no restrictions upon the pur chasers , but they will probably bo euided by ns In hcatinc fnelr club. Alison is not thoupht of as inanagcr. Ho would liiivi1 made a big card In tin- Western ieasno and tlv i-i'C-lo ) - were anxious to get him , i.ut we r-ouid not stand delay. " Mr. Schuman said : "If it few mln.ir p.iui- terw can be amicably adjusted we will o- cnt' ; In innhn. We are pleased with the city. " PlltirAlII.VR IR A HOT I-'IXISll. Waller ami HIUi-M 3Iuy lit- Given < i Clrnr Triu lc. TITTSUUUG , Jan. 2S. The attendance to. night iwas the larg-est plnce Monday. To morrow the race will start at 10:43 : n. in. to have the -windup before midnight. In the last fifteen minutes of the contest. If Wal ler nnd Klkesi nro still tied for first-place , the track ! will be cleared of alt other1 riders fiprovldeil their positions will -not - be af fected thereby ) and the leaders allowed to fight R out alone. Waller will leave for Now York ns soon after the raeti as possible , and go into training at once for -a. twenty-four hour nice against time. One of the. prominent ' .vhecl companies has offered him f.l.OW ) If ho cam accomplish the feat of riding C50 miles In twenty-four hours. The score at 1 p. m. was : Waller , Oil miles I-1 bips ; Kikes , Oil miles 2 laps ; Scbln- nerr. POT miles I laps ; Hall , Ml miles 2 laps ; Walters , 1107 miles 7 laps ; Dvnch , S32 miles 7 laps ; Gannon , S2I miles S laps ; Unoki-l. S03 in lies 7 laps ; Il't-nshaw , KG miles 3 lap * . The score at 10 o'clock was : Waller , 1,0,7 ! miles ; Hcnsha.w , 777 miles ! " laps ; Kikes. l.UTi mill's ; Duncb , ! I1S miles 2 laps ; Gannon. ' .CIS miles y laps ; Schlnnc-or , 1,052 miles ; Hall , 1.04S miles 7 laps : Hucket , S27 miles Jl laps ; Walters , 1,016 miles r > laps. IvIXC MSOI'OIjU lll'VS ' aiAYI-M.OU'KII. I'ninoMH YiH-hl f ; < > i-M ( n the Klnn of Ili-luliiin. NKW YOUK. Jan. 2S. A special to the Herald from Paris says that Leopold , king of the Helglans , ha.s bought the Mayllower for $ -100,001) . Locally , the Hernia says : The JlnyflMver Is now at Krlo basin , where It has been kild up slnco Its arrival at this port from Newport last Si-ptembc-r. It has been ordered to Southampton as soon as It ran bo ready for sea. .Mcs.-irs. Tarns and Lomoyno of this city. In whoso charge the Mnyllowf-r was pluriul when It was sent to Krlu basin , have given orders to use all possible linsto with the. work ri > < inlre < l. This was at once done- and the yacht will 1m ready to sail In less than a fortnight. The yacht will not go into the dock hero In this Kale of ours wo arc offorinK nn fXLVptlonal cliant'is * - "i < - laillos' with small foot Sumo shoes In this lot lliat have > lil at .f. . < H-soin ) ( ! nt f 1.00 Homo at ? : uMaiitlIS ) cents tnlws the choice Many of the original 'lots ' are pine- hut we've found other hrokim lines to tnko tholr ] ) laces so that the hai'Kalns an ; as uroat as ovt-r hut 5iy all moans * roinomhor that wo'vo a hoys' shoo at il.r.O that is the host shoo over sold anywhere for that i-.nnn--y The quan tities we soil of these shoos show plainer than words that tli-'y are Just as wo represent them All we ask is for you to Klve them a trial. ( , Drexel Sltoe Co. , HID FAKNAM I. ' . II Ain't I ( 'Iad dat my dad 'ain't ' no llcker dealer f'ase dem fellers jjl't ' hit a cuniln' and a-Koln' While -wld do'fetockor djjnv It's Jlst one way every'feller a-cuinln' cumin' tor believe dat | der Is only ono live-cent cl ar dat Is any- oed an * dat Is de "Stoecker" All fei my dad puts In de Wst terbaker lu kin fur de money an1 It's de same torday us when ho commenced inakln' dem You pay ten cents fur lots of clears dat don't cum near beln' as KUOI ! a smoke as do Stoeker-All dealers sell do .Stoecker. 1404 DOUGLAS. OF LYNN , Paiiie's ' Celery Compound Never Fails to invigorate Him When Worn Out , Mayor Rnmsdcll Is again mayor of Lynn. Wells Richardson Co. , nurllngtcri , Vt. Gentlemen. A expr-rluico with Two years ago he was elected by tlio com- previous Palnc's celery compound restorer at ns n ' ' Ijlned people's party , democratic and citizens' c.\linusted cr.ergy. Induced me recently to reform party. He was again dominated by take It again , the many duties of the mayor's acclamation by the democrats to succeed olllce having taxed my slight plijslcal re himself as mayor of the busy modern city , sources greatly. I made no mistake1. In om week I found appetite- Improved , the anil wan again elected by a rousing majority my feeling of wearlmvis disappearing , and my last month. nerves becoming shadier. Palne's celery Mayor Rainsdell's present high pesltlon Is compound has thus been a friend In tlmo of tlio legitimate reward of his ability an.l his need , and 1 like to say a word for a friend. fearlessness In defending his opinions , lie Truly jours , lias never hesitated to declare his convlctlono WALTER L. RAMSD12LL. in public , nor has he been slowto espouse November f , 1SU7. the cause of the shoemakers end other wage- In every city. In business houses , banks , rariierB. In ISO I he was camlMato of the newspaper olllccs wherever the frit-lion of people's party for congress. A hard worker , worry Is wearing out the nerves and reducing i conscientious ofllclal. Mayor Raniirlell has the nutrition of the body , PalneVj celery more than once teen pushed 'to the limit of compound Is proving its Inestimable value. tils strength. At such times of extreme nerv- It Invariably Insures sot-rid sleep , and thus 3US tension and overwork , ho has saved him gives the overstrung nerves tlielr natural self from breaking down by tak'ug Palne's rest ; It corrects a constipated habit that so celery compound. commonly gota with sedentary occupations , Mayor Rainsilell's honest opinion of this and frees the blood of polso-ious humors , that ? reat remedy cannot be mistaken by any one at some time or other develop into grava who reads bis letter , that followo : disca&c. nnd tbcro la not a great deal of Important work to be. done. Coal nml stores will he taken on boaixl In a few days nnd by Feb ruary 1U , or before , It will hnvo taken Its ) departure for Southampton. - on I InI.IIKOOII. . The Omaha Curling club hail an enjoyable nine-hour session on its rink ycsUrdny. The Ice was In good condition and nome excellent casts were made. The. side of which 1' . L. Kcrgaii n\tis j-klp made amends for Us lefeat of Thursday and won the three seric.-a by scores of 15 to W , 15 to S nnd 21 to JO. Mr. Anderson's side did good work also ind will try conclusions again today. I'M m 1 1 , v Perishing on Hie lli-Ncrl. LOS ANGELKS , Cal. , Jan. 2S.-E. Ailolpb of this city , who IKIH just returned from "Mammotbi Tank , a small station on the Southern , Pacific roadi llfty miles northwest of Ytimn , reports that L. S. Putnam , agent of tbc Norton Drake company , found a wholis family perishing- the desert night icfoie lust and rtwcui-d them. The family onslsted of William Joyce of I'rescott. \rlz. , and his live children , the oldest 12 years niul the youngest ! i , who had tried to 11- vtcverlaml from Prcscott to Chlr.o , Cal. _ TIvi'lloilliH ' Art- Hi'i-iivi'i-i-il. SPOKANE. Wash. , J.in. 2S. The charred remains ! of live of the victims of the Great Eastern block lire were taken from the nlns today Two bodies hnve been Identl- led They are W. I ! . CJord-n and Mrs. Com I'cters , and there U little doubt thut the ithers were Mrs. Peters' three children Charles , Alma and Kthc'l. Ivlllcil liy ii IIIow of ( lie I'M * ! . DBXVI3H. Jan. 2S. Claude J. Wilson , n irotbrr of Park Wilson , catcher of the Nc.w York base bull team , has been killed In a inarrel with Edward M. Calkin * of Grand Junction. Col.which . took pluce In the Union Stock Yards hotel. The trouble grinv out of an Insulting remark ntldreii ed to Calkins by Wilson. Calkins struck Wilson with bis list , knocking him down. Wilson's head struck tlm Moor with great force and when pleKiil up 1m was Oeail. It Is be lieved that the full and not thu Mow causeil the death of Wilson. Calkins Is a youni ; cattle man and Is lilKbly conneoted ill tlio stateWilson's . family i.irc old residents of Denver. Calkins Is under arrest. I-'OIIKCAST KIMI TODAY'.S WH.VTIII3IU PromlNc of n I'll I r Day , ivilli Variable \VlllllH. WASHINGTON , Jan. 28. Forecast for Sn turday : For Nebraska nd ( Kansas Fair ; variable winds. For IO-A.T. and Missouri Fair ; colder ; northwest to north wlndsi. For Wyoming Generally fair ; vnrlablo winds. For Smith Dakota Generally fair ; varia ble winds , Iti-porlN from Stadium at H I > . ni.f Scventy-llftli meridian time. T Indlcatm lrn ' ( - of precipitation. I * A. WIILSII. I/ocal Forecast Olllclnl. The Klinlmll piano is left to the jtiil- } miMit of Hit' musical profession and tlio liii-.stloii of Its relative merits to { lie itmost rlfior of professional criticism Its rajihl nsconilcncy In tlio world of art ii jtistlllod by tlic ithki of opinion In Its favor nnd reuses to ! ( one of thu Kiir- irises In Ami'i'lran history Oniahu has ) een the central dlstrlhutory for Uiesu ns'tnimonts and AVO the distributors V new lot now In tlm latest designs ind natural wood cases Terms thu 'aslcst-you've Ovi'ihad. . A HOSPF fia.jt ys. JL < MUSIC OHO Aft 'SI3 ' Douglas You may IlilnU we're blowing \vhon wo say our dental work Is the bi'st , that can bo done but -we're not for the vork we'vo done Is our recommedatlon mil proves Midi claims as theso-In till- n ' wo don't claim lo be the /inly den. Isis that do It but wo do claim that ears of practical experience enables use o HU Ueeih and build them up to tholr latnral appearance In a manner that ileat . 'S our patlenls When wo us f'old It's { jold and lt' there to stay Small n'old HllliiKS .r-.W-Silvor linings ( Hid told alloy .fl.Kj ( Wo won't char o y < tu for examining your teeth I.udy attend' ml He on the lookout for our cards they're coming. BAILEY , Vcur ail Kloor I'llxtoil Illk. lUtlt ml FuruaUL , r \