8 THE OMAHA DAILY BEE : SATURDAY , JTEniHTATlY 10. 1398.
WHAT SUMMERS SAIS HE SAW
Bond in Qovornor's Office Bearing Name o
John Fitzgerald.
IMPEACHING HOLCOMB'S ' TESTIMONY
DrfcnKC In the Ilnrllpy Ilondmiicn Stilt
C'oiitliiucN UN Attack on tlir Gov-
eriior'H .SlnlrincntN Coii-
cernhiK tlic lloiuli
A little additional progress was made yes
terday by the bondsmen of ex-State Treas
urer Hartley In Impeaching the tcotlraony
of Governor Ilolcomb In the trial of the auli
ngatnst them before Judge Powell. Two ad
ditional witnesses were called to supper
the Impeaching evidence that ban already
been given. The greater portion of yester
day's session , however , wan consumed la
proving the special defense of Mary Fitz
gerald , who alleges that she was Insane al
the time she slgnod the bond ,
The first question of law to come promi
nently forward In the case waa advanced
In the afternoon when the defense endeav
ored to Introduce a copy of the petition filed
In the Lancaster county courts against the
first term bondsmen of Hartley for on em
bezzlement of $335,000 , which Hartley Is
charged to have committed In May , 1894.
The defending btndnmcn cay that this lo
Included In the amount of the shortage for
which suit Is brought and should not be
charged up against them as second-term
bondsmen. Objection was made by the at
torney general to the Introduction of the
document. The question Is cue of the most
Important ones of the caec.
SUMMCHS STILL ON STAND.
W. S. SummcJs was recalled to the stand
when court convened In the morning and
the cross-examination by the btato was re
sumed and was continued for over an hour.
The news that Governor Ho'comb had been
on the stand and figured In the trial at
tracted the biggest crowd that has yet been
In attendance.
The witness said he did not think
that the nnmo of Mary Fitzgerald was dls-
cueseJ by him and Governor Ilolcomb In
connection , with the bond seen by ths wlt-
"iicas In the governor's presence on the even
ing of January 3 , 1893. The attorney gen
eral Insisted on a pcsltlve answer and re
peated his question a dozen times. Finally
the court Instructed the witness to gfvo the
answer required and ho stated that bo was
positive that the name woo not en the bond
nor the signature of Ed J. Fitzgerald. lioth
these namca appear on the bond on which
EM It Is brought.
In tlio course of his direct testimony the
witness had said that ho suggested to Gov
ernor Ilolcomb that John Fitzgerald might
liavo left a will. The attorney general asked
what effect a will could liavo on Fltzger-
nld's ' liability In the bond. The witness hes
itated for a long while before answering
this question , although the attorney general
pressed for an answer. Finally General
Cowin urged him to reply and the court also
Insisted that ho answer promptly. Ho said
then that he did not believe that he had
thought of that matter and was sura that
lie had not discussed it. Ho admitted that
If there had been a will It would have had
a very material effect upon the responsibil
ity of Mary Fitzgerald and Ed Fitzgerald , as
sureties on a bond , as It would determine the
amount of property they would Inherit.
OBJECT OF THE TESTIMONY.
The object of the later part of the examina
tion was to discredit the testimony of the
witness that the bond ho saw contained the
name of John Fitzgerald. Ho had testified
that Fitzgerald's will had como up In the
conversation with the governor. As ho said
tbait the Will could not have any effect on
the liability of John 'Fitzgerald ' and would
have an effect on the responsibility of Mary
nnd Ed Fitzgerald , the conclusion left is
that the conversation over the will was only
possible In connection with the names of
the latter. The Impression left , therefore ,
Is that these names and not that of John
( Fitzgerald were on the bond the witness
caw.
caw.Tho
The witness said ; that ho did , not see that
evening the bond sued on In this cose , but
could not say whether the governor had It.
The attorney general then proceeded to
show the Interest the witness had In the
case by the following series of questions :
'VMr. Summers , you have been somewhat
interested In Mr. Hartley ? "
"Only In a general way. "
"You have been his attorney In the last
two years ? "
"In some matters. "
"You represented him when , ho waa ar
rested for embezzlement ? "
"I represented his attorneys. "
"Did you not represent him when ho was
arraigned In pollco court ? "
"Only In the matter of a bond. "
"Wero you not much put out over the
result of hla case , and did you not cxpre&s
yourself as dissatisfied ? "
Objection to this question was sustained.
Jlr. Summers denied that ho had been pres-
out as a witness for the defense at the
former trial , although ho knew then what no
) < now now. He waa present In the court
room once at tbo time , however.
The final question put by the attorney
KCiieral was whether tbo witness could give
the name of the messenger who bad notified
) ilm that Governor Ilolcomb wanted to see
him on January 3 , The witness answered
In the negative.
MRS. FITZGERALD'S CASE.
The defense had no more witnesses In Its
main case .present and the special defense
of Mary Fltzgprald was again taken up.
The first wltnswj was Mrs. Mary Kelly of
Greenwood , a slstor-lu-Iaw of tbo surety. She
was present on the day of Fitzgerald's death
and testified to the distrait condition of Mrs.
Vltzgcrald. She said that on the day Mrs.
Fitzgerald received a letter from Eddie , her
con , from whom she had not heard for a
your and over whoso absence she had
worried , but she * neither opened nor read it.
An effort was made to put this letter In
evidence , as It made some mention of
hereditary Insanity In the Fitzgerald fumlly ,
but It was not admitted. The witness re
lated a number of Instances In whleti Mrs.
Fitzgerald figured and which convinced the
witness that she was Insane. The cross-
examination of the witness consumed the re-
nialiidcr of the morning tiosuloii , the Btato
Becking to discover Just what the witness'
opinion of insanity was , and particularly on
what her opinion of Mrs , Fitzgerald's In-
canlty was based.
At the afternoon session almost an hour
was spent ! n the further cracs-examlnatlcn
of Mrs. Kelly , Her limited knowledge of
insanity was shown , her experience having
Burlington
$9Oto
California
and Back
1 Choice of thrt'o routes :
1 , do via Denver j return snmo way.
E. Go via Denver ; return via Kansas
City , i ,
f , Go via Kansas City ; return via
| Denver.
s , berths and full Information at
flckot Office , | I8020I'MAHA" 8T"
t | . B. HBYNOU08 , P * . . ' . A r.
,
m * & * * * * * *
been confined to a sight of but a few Insane
persons ,
SUPPORTING IMPEACHING EVIDENCE
An intcrmUralon ! a this defense occurrci
here , a couple of witnesses being called to
the stand to support the impeaching cvl
denco of Wltnetocs Summers and Pipe
aga'nst Governor Holcomb. The first c
thcuo wao cx-Stato Senator J , D. Pope o
Sallno county.
The witness talil that he was in the offlcc
of the attorney general with Summero on
the evening of the receptlcn , January 3
1805. Ho was asked whether or not a mca
nagc came to Summers that the governor
wanted to eco him , but the question was
disallowed. The witness testified further
that ho remained In the office until nearly
midnight and that Just before he dcpartct
Summers went out , The witness was no *
crc s-exam'iled.
H. C. nmsell , who was commissioner of
public landa and buildings during 'Hartley's '
second term , was another witness called to
Impcacli the testimony of the governor that
ho retained the bond In evidence after Dart-
ley had presented It to him on January
3 , 189. . .
The witness said that ho went Into the
governor's olflco with ex-Secretary of State
Piper at C o'clock on the afternoon , of Jan
uary 3 , 1895 , and there found Kugcno 'Moore '
Ccrbett and 'Hartley. ' The governor had a
paper In his hand which he was looking at.
Ho finally said to 'Hartley ' : "Mr. .Hartley , 1
will have to ask you to strengthen thai
bond If you can. " Hartley answered thai
ho could If he had time. Thereupon the
governor handed the paper to Hartley and
tlio latter walked out of the omco in com
pany with the witnceslth the paper.
Tlio state did not cress-examine the wit
ness. The defense of 'Mary Fitzgerald was
then again taken up , Dr. J. T. Hay of Lin
coln , an Insanity expert and former superin
tendent of the State Hospital for the Insane ,
being called to the stand.
A hypothetical case containing the symp
toms displayed In the actions and conduct
of 'Mrs. ' Fitzgerald was prewented to the
expert and ho was asked Ills opinion as to
the woman's sanity. Ho answered that In
his judgment she was Insane. Assisted by
the medical hooks which ho had employed
before , Attorney General Smyth put the
witness through a course of cross-examina
tion to test his value as an expert.
LAN'CASTEU COUNTY PDTITION.
The defense returned again to the main
case and offered In evidence a certified copy
of a petition ( lied in Lancaster county ,
wherein suit is brought against the first
term bondsmen of Hartley for an alleged
embezzlement of $33.r > ,000 by Hartley In May ,
1S9I , during his first term. The bondsmen
contend that the filing of the suit is an ad
mission that | 33.r > ,000 of the shortage existing
at the end of the second term existed at
the end of his first term and that consequently
quently the second term bondsmen cannot beheld
hold liable for It. Attorney General Smyth
objected to the admission of the evidence
and over this the first extended argument
between the counsel occurred.
Attorney General Smyth insisted that he ,
ES attorney general , had no power to waive
any rights of the state and no power to
make an admission that would walvo any
rights of the state. Therefore , ho could
make no admission binding on the state In
the Lancaster county case which would affect
the state's rights In the present case.
Moreover , the attorney general Insisted that
no admission made regarding the condition
of the treasury in May , 1891 , could have1 any
connection with Its condition thereafter. It
might be possible for Hartley to be short In
May , 1S94 , and not bo short at the end of
his first term.
ANOTHER VIEW OP THE SHORTAGE.
Deputy Attorney General Smith also ar
gued that It was possible that Hartley was
short $350,000 at Bomo tlmo in his first term
and that ho made away with the amount for
which suit Is brought during the becond
term.
"From what wo have discovered about
lilm , I have no doubt that ho was fully com
petent to do It , " said the attorney.
Ho insisted that it would bo competent
to Introduce the document only If it could
bo shown that the cases contradicted eatCi
other. Otherwise the defendants might clto
the Lancaster county case as an admission
that the shortage occurred in the first term
and the first term bondsmen might cite the
present case as an admission that it oc
curred in the second term. Under such cir
cumstances , the state would bo barred from
recovery from either.
The state consumed the remainder of the
afternoon with Its arguments. The do-
'enso will answer this morning. During the
liscusslon the Jury Is taken out nf the court
room.
of the ( iiirluiKe Contract.
The case of William Hawkins against El
mer VanValkenbcrg Is on trial In Judge
Koysor's court and It Is attracting consld-
cra'bio ' attention , owing to the fact that It
Involves to 60mo extent the righto of MacDonald -
Donald , the garbage contractor.
Hawkins sues to recover the sum of $1,000 ,
alleged damages. Ho avers that on July 15 ,
1890 , ho was following his regular calling ,
that of a garbage hauler , and that while BO
employed ho was assaulted 'by VanValken-
berg , who was acting in the capacity of a
special officer appointed at the Instance and
request of MacDonald. The defendant ad
mits that the atsault was committed and
that ho was at the tlmo herein referred tea
a special ofllcer. However , ho justi
fies the assault by alleging that
MacDonald , his employer , was the
authorized garbage master of the city of
Omaha and that Hawkins was hauling gar
bage without having flrat secured a permit
authorizing him to engage In the work.
There are three llttlo things wnich Ao moro
work than any other three little things cre
ated they are the ant , the bee and DoWitt's
Ittlo Eaily Risers , the last being the famous
ittlo pills for stomach and liver troubles.
You'ro looking for bargains then read
ho big store's ad on pace G.
At Crelghton hall tonight , Prof. Windsor
will glvo a free lecture to men only. The
adlcs' lecture will take place at 2:30 : this
afternoon.
IIAI.P IIATUS SOUTH.
Via Port Artliur Ilonte.
The Kansas City , Plttehurg & Gulf railroad
will sell round trip tickets any date , at ono
faro ( plus $2) ) to all points on Its line , south
of Gentry , Ark.
For rates , advertising matter and nil Information
mation , call at "Port Arthur Route" offlco ,
No. 1415 Farnam street , ( Paxton Hotel
Block ) or write , Harry E. Moores , Passenger
and Ticket Agent , Omaha , Neb.
"TII13 COIyOILAllO S1M3CIAL. "
t Train to Denver
Via the
UNION PACIFIC.
Leaves Omaha at 11:55 : p. m.
ONLY TRAIN OMAHA TO DENVER
laving buffet , smoktag and library cars.
Jlccpor on westbound train will bo open to
raveling public at 0 p. m , , and persons
bound for Colorado points need not wait
until train leaves at midnight before ro-
Irlng , For full Information call at city
Icket ofilce , No. 1303 Farnam street.
Trn ! n to Clilcnjro ,
Hcgtonlng Monday , February 7 , the North-
vestcrn line will place In service a daylight
rain to Chicago , leaving Omaha 7 a. in. ,
Council Dlutfe 7:23 : a. m , , and arriving Chicago
cage SMS p. m. , making connections with
evening trains for all points east.
Dining cam servo all meals.
The afternoon limited trains at 4:45 : and
0:15 : p. m. , arriving Chicago next morning
at 7.45 and 9:30 : a. m. . respectively , still ro-
naln In service.
City ticket otnce 1401 Tanum st.
G. F. WEST , C. P. and T. A ,
J. A. ICUHN , General Agent.
The new Mercer hotel , under the man
agement of Dick Smith , Is gaining In popu-
ai'lty dally. Table unexcelled. Special rates
to regular boar tier a : 02 roooms with bath.
You know of the Hlg Store Hayden Dros.1
Jig Store. Read their list of bargains on
Page 5.
IIUCJ ) ,
JEEDEH Augustus , cm the morning of
February 17 , after a short illness of
Diemorrhatro of the lungs. Itcildcnce , 1011
Chicago titreet. Mr. LfcJer has been a
resident of this city for th past thirty-one
years. He formerly lived In Springfield ,
111. Ho IB one of the oldest employes of
the Union Pacific railroad. Funetal from
the residence Saturday , February 19 , at 2
o'clock. Interment At Forest Lawa ,
IDENTIFYING LOTS OF JUNK
Accumulations of Articles that Figure in a
Murder Triali
BITS OF EV DENCE IN THE KASTNER CASE
JtulKc'ft Itaom 1'llcil lllult ivllh Mn-
tcrlnl on Which ihc Primocu-
ttuii Itcnltt Iln dm 111 of
ClrLMininliiiiccn.
Contrary to expectations and wllh a large
number of witnesses subpoenaed taml no
called , the state rested yesterday afternoon
and announced that It was through with
the Introduction of evidence In the case
where August Kastncr Is on trial charged
with the murder of Officer Dan Tlcdcman
and the wounding of Ofllcer Al Glover on the
morning of Juno 9 last. Immediately after
this announcement was made , the defense
began -tho Introduction of Its testimony , callIng -
Ing E. D. Pratt , Jr. , to the stand. Pratt Is
a witness residing a short distance from Nel
son's saloon at Thirtieth and Spauldlng
streets and was ono of the first persons upon
the scene of the tragedy after It occurred.
Heretofore ! It has been the custom for the
criminal .ind the law courts to make Salur *
day something of a holiday , but Judge Sla-
baugh will violate this custom that Is as old
as the courts themselves and will go on
with the case , beginning promptly at 9
o'clock this morning. ( However , ho will not
hold court all day , but Instead , will ad
journ at noon.
Up to this tlmo only circumstantial
evidence has been offered toy the state.
Whllo the attorneys for the prosecution ad
mit that this testimony Is weaj : In some , respects
spects , they contend that It forms a chain
that to a certain extent connects the de
fendant with the commission of the crime.
On the other hand , the attorneys for the de
fendant maintain that the state has not of
fered any testimony that would throw a sus
picion around the- prisoner jxr.d Ms where
abouts on the night of Juno S last and the
early hours of the following morning.
The case continues to draw a crowd fill
ing all of the seats in the iblz court room
and occasionally overflowing Into the space
set aside for the attorneys and witnesses.
The prisoner , August Kastncr , maintains
! ils composure , there being nothing about his
Icmcanor that would aid In distinguishing
lilm from one of the ordinary spectators.
Women frequent the court room , but now ,
as In the past , most of them ore friends or
relatives of the officers , or of the prisoner.
The exhibits continues to multiply and the
ludgo's room , where the articles arc kept ,
Begins to resemble a well stocked Junk
shop , as It Is plied high with bed clothing
opes , sacks , guns , second hand carpenter
.ools and a conglomerated mass of bottles ,
knives and kitchen Implements.
Mrs. Kastner , mother of the prisoner , has
during the past day or two joined the throng
that congregates In the court room and while
: ourt Is In session she occupies a seat near
icr son and his attorneys.
HEAUD SOME ONE IX THE ALLEY.
Efflo Gorman testified that last summer
she resided at 3211 Plnkney street , about
ono block from where the Kastners lived.
On the night of June 8 last the witness
went to bed at about 9:30 : o'clock. Some
titno during the night she was awakened
and remained cuvako two hours , or until
lay-light. Soon after wakening the witness
icard footsteps going toward the alley be
tween where s > ho lived and the Kastner
louse. The sounds came from the north and
seemed to bo made by three persons who
were running. Explaining what she meant
jy three persons running , witness said : "It
sounded that there was ono person running
past , then a mlimjc later there were sounds
as of another peieon passing , and then it
seemed as though ! another person ran past. "
"you did not see anybody ? " asked uUtor-
noy Hllclilo for the defense.
"I did not , " answered the witness.
Witness did not hear the rain and did not
tnow until the next morning that any rain
had fallen during the night. The witness
was certain that three persons passed down
the alley.
Ben Iloth testified that during the sumner -
ner of 1890 ho knew the Kastners. and saw
hem have a gun ho thought was a double
barrel shot gun.
Answering questions on cross-examlna-
lon he was sure that Kastner'e gun was a
double barrel , muzzle loading shot gun.
Witness thought nothing more of the mat
ter until ho was called In police court last
hummer to tcetlfy at the preliminary hcar-
ng of the Kastners.
ALSO SO.MD POPCORN.
Ezra II , Hemming on being recalled testl-
led to having found a quantity of popcoin
n the Kabtncr barn on the day of June
9 , when he visited the place to search for
evidence. The corn Is on small white cobs ,
similar to the eoba found tied in tdo corner
of the grain sacks that wcro located out
side of the Nelson saloon the morning after
.ho murdoi.
Cross-examined , Hemming was asked about
another coat not offered In evidence by the
btate. On the day of the arrest of the
Castners , Juno 9 , 1897 , witness salt ] that he
took another coat from their house. Thin
coat , ho said , \\aa aci old garment , a brown-
checked cutaway. Thcro was still another
coat a dark back coat. At ttio request of
ho attorneys for the defendant these two
cents were produced. Asked if there were
not other coats taken from Kastncr's house
on Juno 9 witness said there were and being
equcsted to produce them ho exhibited a
> luo coat and a dark brown coat. Wltnesa
lid not remember having seen any other
ccata that were taken from the Kastuer
lomo , unless there was ono worn by August
Castner. The witness did not remember
hat ho had over said that on Juno 9 lie
ound a Prince Albert coat at Kastner's and
hot the same was wet.
"Wo did not suppress this coat , did wo ? "
nterrupted Assistant County Attorney
'effrles.
"Yes , you dIJ , and wo will provo It , "
nswered Attorney Hltchle for the defense.
ADMITS THE OTHER COAT.
Hero Hemming said that ho did liavo
'rlnco Albert coat , but after the preliminary
icarlng In pollco court It was turned over
o ono of the Kastner girls
Asked by Attorney Ritchie about the overeats -
oats taken from the Kastner barn , County
Attorney Daldrlgo made a vigorous effort to
rovcnt an uns\vcr. The court held with the
ttorney for the defense , but notwithstanding
his the county attorney and his assistant
loth argued against allowing the answer to
10 made.
When bo did answer , Hemming said that
) oth overcoats -were In his custody , but con-
rauiciru nimscu as to tno 1'rlnco Albert
oat , saying that the garment was on the
back of August Kastner , In pollco court ,
vltneBs said that bo swore that only ono of
ho two overcoats was wet. During the pres
ent trial ho has said that both coata were
vet.
vet.Asked
Asked to examine the coat now worn by
August Kastner , Hemming did so , but was
not able to state whether or not It was the
oat worn by the prisoner at the tlmo of his
rrest on June 9.
The coat now worn by August Kastner Is
square cut , short box coat , and In no way
esembles a Prlnco Albert.
Attorney for the state offered to show that
azora , dynamite and pieces of fuse were
ound about the Kastner promises on Juno 9.
The attorneys for the defendant objected
and the court asked If the state was pre-
> arod to In anyway connect tlicso articles
rlth the transaction at Nelson's saloon. The
ittornuys for the prosecution answered that
hey did not , after which the objection was
ustalned.
Hero attorneys for tbo defendant asked
lemming to produce a lot of bits , email
hlsols , nail pullers and awls that police
Dicers took from the Kastner premises. Ho
lid 80 ! and they were offered In evidence ,
" 'hey were all carpenter "tools , bu { on" the
"ccond redirect , after saying that bo was not
n expert , Hemming Eald that they couatl-
uted almost a complete net of burglar tools.
Again the attorneys for the defendants
ook up the crosi-examlnatlon of Hemming
and exhibited th6 too'.s ono at a time. In
eply , Hemming Identified the scratch awl
anil said that In his opinion It would be a
cry convenient tool for a burglar to have ,
le made the same reply wheu a ucrew-drlver
YM presented to him , sod the game answer
when he looked at at&aiflll chisel , such as
la used by carpenters.
NOT GENUINE IlUHGLAU'S TOOLS.
Going Into detnlldiTolatlvo to the tools
and articles , the -wltBrsw again said that bo
was not an expert , bat Icon tended that any
bit or Instrument that .could bo used In a
brace would bo a hnndnthing for n burglar
to have In hla po < e&slon , Dclng pinned
down for a direct anmer , Hemming said
that In his opinion there was not a genutuo
burglar tool In the < imaBs of Instruments
taken from the KnsLner premises , though
ho felt pretty positive that a counter olnk
for screw heads w s > ai tool that burglars
used many times.
On the next re-direct , Hemming said that
from his knowledge , burglars frequently
u cd chisels and screwdrivers.
Fred Illco , residing at 2408 Ersklno otrcet ,
testified as nn expert upcu the subject of
ropes and sacks , Ho w e shown the ropes
found at Nelson's saloon , and also those
taken from , the Kastncr barn by the pollco
officers. Ho said that In texture , fiber and
quality they were Identical ,
Ou cross-examination , witness said the
ropes exhibited to him by the attorneys for
the prosecution were In common use. They
were on sale In nil grocery and hardware
stores and were In general use for clothes
lines , window cords , and for many other
purposes. In no way did they differ from
the ordinary ropes used by gra'u men , farm
ers and nil other persons who bad use for
ropes.
ropes.REPORTER niLEY's STOUY.
Donald W. Hllcy , a reporter for
a local paper , testified that ho ac
companied Officers Tledeman and Glover
to Nelson's saloon on the morn
ing of Juno 9. Witness could not re
member who first got out of the patrol wagon
nftrr the saloon wan reached. After reaching
Thirtieth and Spauldlng streets Tlodcmon
crossed the street and went to the front
of the caloon. Then witness and Tlcdemau
went to the back of the saloon. A little
later witness heard the report of a gun
and went behind a fence , after which he
callid to TleJeman. At this time the wit
ness saw a smooth faced man out in the
field whore the shooting was going on , but
could not recognize dim.
The next time witness saw Tledeman was
when ho was lying in the engine house at
the street corner , when and where ho cald :
"Ulley , I am done for. "
Witness testified that Tledeman sold ? o
him : "lUley , I went to the back of the
ealoon and saw- three men ; they opened flro
on mo end shot mo through the ston'ach , end
ono of ttio men were a light suit , "
Asked If ho had a revolver that night ,
witness said that no had a 3S-callucr rc-
volvrr and discharged it twice , standing near
the beef garden and shooting east toward
the field where the other shots were being
fired.
CiCGS-cxamlncd , Ulley said that he climbed
up en the fence around the beer garden
and shot over into ( tie field. Wltnces said
that he waa the first man to reach Glover
after the shooting.
Questioned further about the shooting ,
Rllcy said ho fired at a man who was stand-
lug In the back yard of the saloou , about
twenty races away. Shown photographs of
the Nelson salocn and Iho surrounding
buildings witness could not recognize them ,
faying ttiat ho had no recollection of hav
ing seen the structures protrayed on the
cardi. On the night of t'io ' shooting , Rlley
testified that ho wore ai light colored coat
and hat.
Witness asked Tie.Icman who shot hrn ! , to
which he replied : "I don't know. "
Miss Effio Gorman was -recalled for cross-
examination and said that on the night when
she heard men running past her house she
heard no other noises.
Attorney Kltchle demanded that E. D.
Pratt , sr. , who has been subpoenaed by the
state , bo culled and examined by the state.
County Attorney Baldrlgo said that the
stuto did not deslro to call E. D. Pratt , pre
ferring to question him on cross-examina
tion , ho also having been subpoenaed by the
defense.
STATE RESTS , DEFENSE BEGINS.
At this point the etato gave notice that
it restc < l and that nojmoro testimony would
be Introduced on direct.
The defense opened 'its side of the case 'by '
calling to the stand E. D. Pratt , jr. , 2918
Spauldlng street. Witness said his resi
dence was two doors from Nelson's saloon
and that he was at home on the night of the
shooting of Officers Tledeman and Glover.
On that morning the witness was called by
his sister and was told that some men had
been shot. Dressing ho went out and pro
ceeded to whcro Officer Glovcn was lying on
the ground , groaning and calling for help.
Officer Glover was lying In a vacant lot
about 120 feet from the residence of the
witness , the spot being to the- southeast of
the house. The front of the engine house
could not bo seen from this point. When
witness reached Glover , he , Glover , waa
lying dawn. The ground was soft and
muddy , the night was very dark , a drizzling
rain falling at the time.
Five minutes after witness reached Glover
E. D. Pratt , sr. , arrived and then the wit
ness went to where the patrol wagon was
standing. "When witness first reached Offi
cer Glover , ho said : "Somo burglars breaking
Into the saloon shot me ; I don't know who
they arc ; they shot mo and I want to go
to my family. "
"How far wcro you from him ? "
"About six feet. "
"Could you sec his features at that dis
tance ? "
"No , sir. "
COULDN'T SEE FAR.
"Could you see his features at four feet ? "
"I don't think that I could. "
"Did you try to see him without the aid
of the lantern ? "
"Yc.s , sir , when ho told mo who ho was
I looked right down In his face and could
distinguish his features. "
"Did jou notlco the blood on his head
until you put the lantern down to his face ? "
"No , sir. "
"Could you tell the color of Officer Glover's
clothes when you stood six feet away ? "
"No , only that they were of a dark color. "
"Considering the condition of the night ,
how far could you have distinguished a man
( bat night ? "
"I could have distinguished tbo outline of
a man twelve feet away , but could not have
distinguished his features moro than a foot
and a half distant. "
Going Into the saloon In company with
other parties and lighting the gas , witness
said that ho saw two or tbreo Leer glasses
standing on the bar.
Cross-examined , Mr. Pratt said that at
about 3 o'clock on the morning of Juno 9. he
was awakened by ttio firing of several shots
and a heavy wagon going down the street.
Witness dozed for about three minutes , when
ho was called by lili sister , Dressing , ho
went down stairs and looked out , after which
lie took a lantern and ran to the place from
which the cries camo.
TInctclcii'n Aanicn Jnlvr.
The best salvo In * the world for Cuts ,
[ Jruleea , Sores , Ulcers , Salt Rheum , Fever
Sores , Tetter , Chapped Hands , Chilblains.
Corns and all Skin Eruptions , and positively
cures Piles tr no pay-required. It la guar
anteed to give perfect satisfaction or money
refunded , Price 25 cento tier bos. For sala
by Kubo & Co
Turn right to page 5 and read what Hayden -
den Urea , have to say first.
Awarded
Highest Honors World' * F tr ,
Gold Medal , Midwinter Fair.
r CREAM !
A Pore Qrspa Cream ol Tnrtar Pawitr *
40 YEARS THE STANDARD ,
THE LAST DAY ,
Saturday the Last Day of the Continental's '
Great Sale.
BARGAIN DAY WITHOUT A PARALLEL
Price * on All IlriiUcn I.otn niiil Oilil
Sultn l < > T cr Tlinn 1'vcr lit. the
ClofliltiK lllntory IKm't J-'iill
lo Conic Sntnriln- .
BOYS' LONG PANTS SUITS.
COO boys' long pante suits the best values
wo have offered at any time during this sale.
Our spring slock Is coming In every day
and wo nro determined to close out and
clean up nil the boys' long pants wilts. .
Prices , $3.85 , , J4.00 , J4.65 and $6.60.
Wo have sold a great many boys' Edits
during this sale we mean short pants eults ,
hut there seems to be Just aa many cs
over don't miss flvo or six hundred suits
out of our stock.
Wo expect Saturday's ealo will almost
clean out the balance of our high cost sulta
broken sizes.
Dig sizes in some lots and small In others
and medium sizes In a great many.
The prices , $1.DO , $2.00 , $2.60 , J3.00 and
$3.50.
The prices of some-are just one-half the
regular selling price.
MEN'S SUITS.
Mcn'a suits , J3.S5 , $1.75 , $5.00 and $0.75 ,
worth double.
$15.00 suits now $9.50.
$20.00 suits now $10.75.
$22.00 suits $12.50.
Thcso are the prices which have made
this sale a success.
'Saturday will bo the last day of this sale
our advlco to you Is to buy.
CONTINENT ! . CLOTHING CO.
N. E. Cor. 15th and Douglas.
Hayden's have an ad on Page 5 today
that you ought to read.
T1IU O. i& ST. I , . A.VD WAHASII II. II.
For All t'olntH Knnt niiil South.
Leaves Omaha dally at 4:35 : p. in. , arrives
St. Louts 7:15 : a. m. , connecting In Union
Station with all lines. For rates , sleeping
car space and all Information call at oflleo
No. 1415 Farnam street , ( Paxton Hotel
Block ) or write Harry E. Moores , Ticket
Agent , Omaha Neb.
KKnmiAi , HUH/DIM ; .VOTES.
A civil service examination for assistant
mlcroscopist will bo held February 23 in the
United States court room. The applicants are
all female and number about sixty-five.
The smelter shipped elxty-flvo cars of lead
yesterday.
AssIstBiU Postmaster Woodard says that
a complete understanding has been reached
with the department at Washington and the
postofllco will be removed the 22d , unless
there Is some providential Interference. The
now building is being temporarily wired for
arc lights and everything will bo In readi
ness by the 22d.
Consumption I'u.iiiivoly Cured.
Mr. R. B. Groove , merchant , of Chllhowle ,
Va. , certifies that ho had consumption , was
given up to dla , sought all medical treatment
that money could procure , tried all cough
remedies he could hear of , but got no relief ;
spent many nights sitting up In a chair ;
was Induced to try Dr. King's New Discov
ery , and was cured by use of two bottles.
For past three years Iw has been attending
to business and says Er. King's New Dis
covery is the grandest remedy ever made ,
as it has done so much for him and also for
others In his community. Dr .King's New
Discovery is guaranteed for Coughs , Colds
and Consumption. It don't fall. Trial brt-
tles free at Kuhn & Co.'s drug store.
llruthorhnoil Sofia ) .
St. John's chapter of the Brotherhood of
St. Andrew gave a pre-Lonten social In the
guild hall at Twenty-sixth nnd Franklin
streets last night. About sixty men were
present and enjoyed the good things pre
pared by the hospitable entertainers.
The program , though hastily made up ,
contained many numbers of merit , so the
hoiiis sped swiftly by. Refreshments wcro
served shortly after 10:30 : , nnd nt 11 the
cordlil "good night" was spoken nnd the
guests departed , tnlnUlng rightfully that
the last of the series of monthly bocials was
u thing ! of the past.
A member of the brotherhood states that
In his opinion these gatherings nave served
a very useful purpose , In that they have
promoted n fraternal spirit amonfr the men
of St. John's congregation. Casual attend
ants tit the services hnvo been made ac
quainted with each other nnd the barriers
of reserve broken down. The number of
men attending the services Is larger than
It used to be.
Ghiinilicrliiln'H CoiiKh Iloiuody
Is a medicine of great worth and merit.
Try It when you have a cough or cold and
you are certain to bo pleased with the quick
relief which It affords. It Is pleasant to
take and can alwajo bo depended upon.
FlRlit llftweoii WiiltcTH.
Erwln McElroy , a waiter In the Rose
restaurant , near Tnlrteenth nnd Farnam
streets , Is wanted by the pollco for strik
ing John J. Bradley , a fellow waller , with
a poker. The trouble occurred yesterday
nnd resulted in Bradley being badly bruised
up.
TVuVruI Court at Unoolii KnilH.
The United States court nt Lincoln ad
journed Thursday and Judge Munuor and
Clerk Hlllls hnvo returned to Omaha. A
rpeclal term of the United States district
court will bo held hero commencing March
14.
AMUSIMI.VTS.
V Q I I'AXTON ft
L-f v3 I JlnniiKcm. Tel. 1919.
Tiiilny 2i 0 Toiilwlit H(15.
Mil. JAMHS O'.MSIM , .
Saturday Kvonln ?
Now nenrlng Its 4,000 performance by Mr , O'Neill
Virginius
Mr. O'Nclll's created triumph In tragedy.
Tour directed by Win F Connor.
I'rlcen Lo er Door 51 CO , liul. 7Bo and We.
Matinee I owcr I'loor 50o. Hal. 23c.
1'AXTON & ni'ItOKSS.
.
* Malinger * . Tel. 1519 ,
"COMMCNCINO
HUNOAV , I'KII 20
Matlni'i * H'eilm'Hilay ,
Tin" ' Comedy Invent.
Mr. Willie Collier.
In Du Souchet'a Funniest Comedy ,
The Man From Mexico.
Evening Prices-Xc , We , 75c , | 1.00 , $1.50.
Mutlnco Prices 25c , tOc.
TI1U PHl'IPIITflV I Paxton fc Ilunjesa
IJlD UirJIilllUil | MUM , Tol. 1031.
O. D. Woodward , Amusement Director ,
\vonn\VAiin "STOCIC CDMPVNY
Today li5 Tonlwrlit HiOd.
BLACK FLAG * .
SUMJAV MOTIIHIl AMI .SOX
SpcclnlllfN JOHU ( tiilntuttu mill Hun
II.VHM'.V.
iiorni.s.
THE MILLARD
13th nnd Doubles Sts. , Oinalm.
CnNTnAbLY LOCATED.
_ A.MIHJCA < , AXI > isunoi'i3A.v I't.ijr.-
J. K. MAIIKUI , , V. SON , I'roin.
-HOTfiL BARKER
COR. 13TH AND JONES ST. . OMAHA.
HVTI5S IJU.50 AM ) IfZ.OO I'Kll DAY.
HliLtrtc can direct to eipoilllou eroundi.
FJIANK BAKKim. Caibltr
SA&l UAUWAN , CUleC Cl rk.
1 UCO. J-W-SJt
Jiccj ) 3'oitr Eye on The Xclra&kafrom Zftio On.
jrfat vale
tonight
Tin's evening from 6:30 : until closing time wo will
hold a special Bale of men's hats. Our object is to
advertise the new styles. Incidentally of course wo
want to mnlto n few dimes. To commence with wo
will offer several hundred full stock hats in Derbies ,
Fedoras , and flat crown "Stetson" shapes at 75 cents
each. You can go most anywhere in town and pay
$1.50 for the same hats. Wo will also offer an im
mense line at ono dollar each in Blacks , Browns ,
Sepias , Nutrias , Silver and Pearl Gray and in eleven
different shapes. This line at a dollar will do more
to advertise the Hat Department of The Nebraska
than a whole barrel of printers ink , for better hats
have never been sold outside of here for less than
$1.50 and worse hats are selling today for two dollars
lars right here in town. The best way we know of
to advertise our hats is to put them on peoples heads.
Bring in your head.
Money Saved
Hy buying n coat now Wo liavo 23
satin linott coats in rough and smooth
materials that must bo sold today.
Your choice for
$4.98 ,
New Wrappers 68c , 98c
CLOAK&SUITCO ,
1510 Douglas Street.
Wo shall -present to each lady purchaser
lit our drug store Saturday , February 19th ,
a small sample box of IiOWNEVS cele-
biatcd Chocolates.
Below flnd some attractive cash prices on
other goods :
2.x : Mcnnen's Talcum Powder , we sell . . lie
50c Pozzonl's Complexion Powder , we
sell 3lc
25C Petlow's Swansdown Powder , wo
sell c
Mc ) La Blachr Face Powder , we sell . 3lc
Wc ) Florida Water , we sell 31c
' -c Violet Water , wo sell 3flc
, lee Arbutus and UIuc Water , wo he . : flo
25c Icon's Tooth Towder , wo sell . . ] ! lc
25u Crown Crabnpple , wo sell fi9c
33e Lavender Salts , wo sell 19o
Sherman SKcGonnell Drug Go
1313 DODGE ST. MIDDLE OF BLOCK ,
OMAHA , NEB.
RosldentH of towns nnd communities out-
ildo of Omaha who need a
Specialist's
Treatment
FOR. . .
Catarrh ,
Deafness ,
Diseases of the Lungs , Stomach , Nerves and
Blood should write for Dr. Shopards' book ,
'Tlio ' .N MV TrciiUiu'iill HIMV It Currx. "
A specialty is made of the Ho/no Treat
ment by mail.
SHEPARD MEDICAL INSTITUTE ,
an , 312 ami : ua sr. Y. LUC-
E no longer supply our seeds ( o dealers t
sell again. At the same time , any
one who has bought our seeds of their
local dealer during either 1806 or 1897 wilt"
be sent our Alnnual of "Everything for thcs
Garden "for 1898 CDEC provided they
apply by letter rKCD and give the
name of the local merchant from wlionr
they bought. To all others , this magnifi
cent Alanual , every copy of which costs us
30 cents to place in your hands , will be sent
free on receipt of 10 cents ( stamps ) to cover
postage. Nothing like this Alanual has
ever been seen here or abroad ; it is a book
of 200 pages , contains 500 engravings of
seeds and plants , mostly new , and these are
supplemented by 6 full size colored plates
of the best novelties of the season , finally ,
OUR "SOUVENIR" SEED COLLECTION
will also be sent without charge to all appli
cants sending 10 cs. for the Alanual who will
state where they saw this advertisement.
Postal Card Applications Will Recclic No Attention.
Outfit nnd start from VANCOUVnil bcrau-s
1. VANCOUV13H Is the easiest place on earth
to get to.
2. VANCOUVnil Is tlio nearest port to Alaska.
3. VANCOUVEH goods are Iho cheapest and
beet.
4. VANCOUVER poods pay no customs duty ,
belli ? Canadian made , and not manufnr-
uml In the Stater .
5. VANCOt-'ViK rrrlftht Is last on board , nnd
therefoie la first disembarked. 1'ractlcal
men will note this point.
G. VANCOUVI3U runi Its o n steamers , and
all north-KoliiR steamers as well-
Call at VANCOUVRH.
Maps nnd Information free from
\V. fiODFHKY , I'ri'M , Iliuml of Trade ,
A'AXCOUVISK , II. C.
OR.
RflcCREW
IB THE ONLY
SPECIALIST
WHO TI1UATS ALli
Private Disease ? }
UralmiH IIP I Uliordir of '
MEN ONi-Y
SO YmraKxporlonco.
10 Years in Omaha.
Book Kroo , C < insnlta
tlonl'roe. Uox768 , ol
Mth and Farnam BUi
OMAHA. NKC.
M'o will Binil ion o irlnl tronlronnt
nf tlin Kraucli flvueitr CALTHOB
frco. ( no t ! . O 1 . Nhrmol nurt u
l sal Bunrauloo lhat ( Ul.TIlOiwUI
STOI' UUclmraci mi J I'.mlniloiif ,
iHJUH Hn1 rmMorrli'-n. * urlcoLtlc ,
r.nd lllWroili : Ixnt leor.
It coits you nothing tn try It.
VouMohlCo. 661 B8ci > * ufr.icna .iir.u ni.o.
Not < | iil | IliroiifVli eleiirliiB > Inter
FANCY J3OSOM ( iomlH. Xor IH It reiiNonalile tluit we
nlioulil lie , or any Mtore for flint iniit-
SHIRTS
TO J3B WORN .Soine nfori'H jiaoU ir'iodN ' nwny curl
ier. A oed Helieme , ( no. Out of Nliilil ,
WITH Moon fo.-KoUfii. \ -\t irlnlri- it 111
lilt re-iiained IIM ( In- \c-ry latent of ( lie
WHITB COLLAR
nil-It of tlm inoinenlN.
AT .Nor IH It reiiNoniililo to ni-Kli-ut n.
rciiMonalilo Heleelloii of KOOIN | nt liny
H ( n ire of I lieMIIIMOII. .
4 AH no reiiiiirU-eil , tlirrn nri n KOOI !
OL/ ninny tinier uooils IIITIKlrxl , liu-
CIIIIIHI * MlllflUri ; | | | HI-rvllIK ( III ! Ilfll.
lilo Mllli a neleedou nt any HIIK ! of
i NftiNon. .Sc-conil , iM'fiuiNo , , „ jirefcr
A CROP OP
to HliiMv mill ell ( Imii to lililu anil
iniiko l.elliM-f.
'I'lie iiiiiililni ; away of i\Infer KOOIH
DBSTGNS tlilN year may lilt 11101-0 iirolllnlili ; Ilian
any ( itlii-r lii > fiiiiN - of ( InNliMiily ml.
INTRO1J UCING iniii'o In niereliiiiKllNe. \ > t \\lner (
nil Kooiln ttlll In ; lilKlier. l'erlnii
VHB
Tiu lire foollNli , afli-r all , lo force ( lieiu
n wa y.
Can't lirlp II. Tliu foiiiidnlloii of
OP FASHION. thin tor IN to Kiiuranli-u < M i-rytlilnir.
Olil , Nlioimorii HiIIIf noulil IMIX ) UN ( oo
A. RBCBNT in n eh to renlnee. Can IIIIJOIKiiamo
nil limlaiiiie ulien tve reflined lo re-
SPRING
jiliicu ifiuiraiileeil articlef
ARRIVAL- Our tvoril In a boutl.