8 THE OMAHA DAILY UtiEt SAflSTTRDAY , FEBTUTAllY 20 , 1808. . . .v
BARTLEY'S ' BOND WAS GOOD
Buling of Judge Powell In Giving His
Instructions to the Jurj ,
DOCUMENT VALID AND SURETIES LIABLE
ttml of the llnnl rotiRht Cane
Itcachrd find Ihr Verdlet U Now
Walled Vnr Tlir > CloH
r i IIIR Argument * .
Tno trial of the suit of the state o
Nebraska agalmt the bondsmen of ex-State
Treasurer Jcacph S. Hartley P. M. Cook
'A. D. Cook , John II. Ames , Charles A
llanno , Mary Fitzgerald , Ed J. Fitzgerald
C. C. McNlsh , E. E. Brown , Thomas Swobe
Cadet Taylor , Nathan S. Harwood and \V
A. 1'axton to recover a shortage In the
ututo treasury at the end of ( Hartley's term
of $55B,700.GC. with Interest from the end
of his term. Is ended. At 4:30 : o'clock ycfl-
tcrday afternoon the case was glvtn Into
tlio hands of the Jury.
The trial commenced with the Impanel
ing of the Jury at 2 o'clock on the after
noon of February 7 and has continued with
ono or two Interruptions until the present
It was shortened considerably , however , by
the omlaslon of much argument over tht
questions of law Involved , which were- fully
argued before Judge Powell In the first trial
of thu milt.
The closing argument In the trial was
made by Attorney General Smyth , who oc
cupied almost tuo hours and a half of the
aftcinoon session. At the conclusion of hid
rcirnrks Judge t'owell read hla Instruction ? ,
which were very brief considering the Im
portance of the case. They were but twelve
In number and Judge Powell occupied less
than ten minutes In reading them. The
first three were of a formal character , In
forming the Jury of the nature of the suit ,
of the manner In which they should Judge
of the credibility of witnesses and of the
legal necessity on the part of the state to
have proved Us case with a preponderance of
evidence. The fourth Instructed the Jury to
return a verdict for the state only In caws
It had shown that Hartley had failed
to account for all the moneys that should
have been In his hands at the close of lilb
term.
In the IUth Instruction the Jury was In
formed thai under the pleadings , the law
of the state and the evidence the bond sued
on la a valid and subsisting Instrument and
that If It has been shown that Hartley failed
to account for any sum he should have had
In his linnds at the end of his second term
a verdict should bo relurned against the
defendants.
DEALING WITH THE WARRANT.
The sixth Instruction told the jury lint
Hartley as state treasurer had no right or
authority to transfer to the Omiha National
bank or any olticc person the tltlu to the war
rant for $180,101.75 , nor had the right to r
the 8aino to ths Ixiok or any other person out
of the money of the state. Ills solo duty In
the premises was to take the money out of
the general fund and ttnn It into the alnulng
fund to credit one fund with the amount and
charge the other fund with a like amount ,
rfho Jury was Instructed that If It found
from thu evidence that Hartley had fciiied
to perform lih duty In this rcifirJ and paid
the amount to a party not entitled to receive
It , then ho and his bondsmen should be held
chatgcablc for the amount the mate was dam
aged thereby.
In the seventh instruction ( tie Jury * vas
told that If Hartley at the elcso of hla fltst
term held certificates of deposit and checks
evidencing the deposit for Eafc-kecplni ; of
stutu funds In lunks other than depository
banks ; and If they found that at
the close of his first term Hartley
turned such certificates and checks
over to himself , as his successor , and
Uiat he as such successor accepted the iMina ,
os a payment to himself of s.o much money
os they represented , and afterward ( retted
them as euch. then Hartley as the ! noom\ng
tieasurcr and his bondsmen are chargeable
on the bond sued for for the amount of such
payment hi like manner as though the same
liad been made In coin or legal tender cur
rency. * *
The other Instructions all referred to the
special defense of Mary Fitzgerald. The
Jury wan Instructed that It was necessary
for her to have proved , In order to escape
liability , that she was Insane at the time rhe
signed both bond and the waiver to the
attachment of additional signatures to the
bond. If she was not Iceano at the time she
signed the waiver , the dotcnss was Insuffi
cient , since that act constituted a ratification
of her former signature on the bond. Insanity
was dcrcrlbcd aa a condition of mind in which
the person Is wholly without reason or un
derstanding with respect to the particular act
the consequences of which are sought to Lo
avoided.
All day yesterday was spent In the
argument to the Jury. In the morning At
torney Manahan and General Cowln closed
for the defense and In the afternoon At
torney General Smyth concluded for the
state. Remarks were made by the latter
two counsel which reflected on each other
and brought out rejoinders which Illustrated
the bitter feeling which has frequently mani
fested Itself during the two trials of the
caae.
DENOUNCED AS POLITICS.
Attorney Manahan , for the defense , dwelt
particularly upon the Insanity defense of
( Mary Fltzgcratd , .but spoke also along the
lines of the general defense. Referring to
the plea made by Deputy Attorney General
Smith that the people of tbo state , especially
those on the frontier , oxppcted the jury to
return a verdict to recompense them for
the theft of the taxes that had been wrung
Iron ) them , the attorney assorted that this
was a political play to assist the ambitions
of Attorney General Smyth to become gov
ernor and his assistant to bo lieutenant gov
ernor.
The final argument for the defense was
made by General Cowln , who consumed the
remainder of the morning session. He said
that he had a contempt for any officer who
Violated his trust , but asserted that the law
provided safeguards against such violations.
It required an accounting before an officer
could succeed himself In order that his hon
esty might bo assured. It provided that this
accounting should be made strictly by the
governor. It said that no state moneys
fihoillil bo loaned to banks. If these duties
of state officers were performed In the strict
letter of the law , ( hero would bo no looting
of the state treasury , even If the treasurer
Is a thief.
ATTENTION PAID THfi GOVERNOR ,
Governor Holcomb had two duties to per
form before- allowing Hartley to enter on
his ofllco , said General Ccwln , Ho had to
tee that his sureties were good and , more
Important , that ho had all the money he
should have on hand. The governor dIJ
examine the condition of the treasury and
discovered that Hartley ttiotiUl have nearly
} 500,000 In cash. Hartley produced only ? 17 ,
000. In lieu of the remainder he produced a
box , to which ho only had access , and took
out of It checks and certificates of deposit.
The governor did not know w'lether these
{ tapers were good or spurious ; ho did not
take u list of them ; ho did not know whether
they represented deposits. Yet Governor Hoi-
cotub accepted these as accounting for f 149-
000 of the sacred school funds , despite the
fact that ho did not know whether these
alleged certificates 9 ! deposit were worth 5
cents.
Referring to Governor Holcomb's testimony
that ho recognized N. 8. Harwood'a name
on $200,000 of the certificates , General Cowln
intimated that It was not true. He paid that
In his first trial the governor had sworn
( hat he knew none of the namcu on the cor-
tlflratci ; on hla second trial ho recollected
one name. It was necessary for Ills own
protection that he should testify to this.
No ono had to much Interest la the deal In
the treasurer's office , so much at etake.
"I do not bellovo him , " wild the attorney ,
* 'Thoso papers disclosed lo Governor Holromb
ih t Darllcy waa an embezzler and a do-
fuulter , that ho bad violated the etatutcs In
putting the money In banks and was then a
criminal. And Governor Holcomb knew It
II. "
Vet despite the fact that Hartley bad vlo-
Jated the law. that bo was really $149.000
hort , General Cowln said. Governor Hol
comb approved the bond. He did no because
ho knew Hartley was abort end Intended to
' tick" the defending bondsmto for the
-
In It * favor In order to help Governor Hol
comb out and to cover up hid nets In too
transaction with Hartley In the treasurer's
office.
office.CERTIFICATES
CERTIFICATES NOT CASH.
General Cow.'iv alee dwelt upcti the argu
ment of the Kate that the > fnct that Hartley
carried oil thcee certificates as canh In ha !
monthly Statements , showed that as his own
tucccfior he had accepted these certificates
us caih. General Cowln Insisted that these
certificates were not carried on as cash. The
cash carried forward wea the taxes he had
received before n etatc treasurer. The cer *
tlficatcB were simply plccea of paper which
Hartley offered ss evidence of this cash
worth , In fact , not a cent.
Tum'i'g then to the embezzlement of the
$180,000 state warrant , General Cowln In
sisted that the bondsmen could not possibly
bo held responsible. Hartley might have
stolen the mon y and been sent to the peni
tentiary for the theft , even If ho returned
the mcney , but In the latter eveht the sure-
tics could not bo held liable. The attorney
Insisted that not a particle of damage had
been shown , but on the other hand It re
mained clear that the money Is still In the
Omaha National tank. If the raoMy la there
the state cannot look to the bondsmen tor It.
Attorney General Smyth will make the
closing argument this afternoon.
NO POLITICS INVOLVED.
In his opening remarks Attoucy : General
Smyth answered the charge contained la the
arguments of the defending counsel that the
real motive underlying the prosecution or
the suit was political. Ho denied that any
of the ambltlocfl ascribed to himself end his
associate u ore based on any such foundation.
Ho stated that he object Intended by Ddputy
Attorney General Smith ID his remarks that
the people of the state from whom tbo em-
bezzleJ taxes had been wrung expected a
verdict for the state was not political but
was to Imprets upon the Jury that Nebraskans -
braskans wcro anxiously walling to eco
whether or not men who had contracted to
protect the people from the shortcomings of
state officers could avoid the conditions of
that contract because of' their wealth and
standing.
Attorney General Smyth first discussed the
cpeclal defense of Mary Fitzgerald and In
sisted that there was nothing In the testi
mony to show that she was Itietnc or that she
acted differently from any other woman un
der like oad circumstances. He Insisted that
no question of sjmpathy ohould enter In the
determination of a verdict.
The attorney general then turned to the
main case. In the first place ho stated that
the Jury would bo Instructed by the court
that the bond \\as In every way vullJ and
legal. Ho pointed out that under Its con
ditions the bondsmen had agreed to be re
sponsible for Bartley'u official acts. "And
yet they nould make you believe that Hol
comb was the one responsible , " the attorney
general continued. "They tell you that the
people recommended Hartley to them and
misled them Into signing his ibond. On the
other hand , the state refuted to let Hartley
have tte office until ho wzs recommended by
them until they htid contracted to bo spon-
rj for Hartley. No\M wlmn they ure called
to the bar to answer that responsibility they
condemn Hartley ; they say they have no
sympathy with h's thievery ; they arsert that
Hartley ought to be In the penitentiary.
Why Is ho In the penitentiary ? Because lie
failed in these things they said they would
be responsible for. Now wo ere calling upoa
them to fulfill the conditions of that con
tract. "
ABOUT THE AMOUNT STOLEN.
Slnco both state and defense admitted the
thievery of Hartley the attorney general
Insisted thut the only question left was to
consider the amount of the embezzlement.
Ho first took up the question of the warrant
which passed through the Omaha National
bank. He pointed out that It was Illegal
from the fact that It was made out to Hart
ley Individually ; ho showed that neverthe
less It was marked ' Approved , J. A. Piper ,
by J. E. Evans , deputy. "
The attorney General said that Hartley
had given that warrant to the Omaha Na
tional bank , certainly not without a consider
ation. If the evidence showed that ho paid
? 201,000 out of the state moneys to take It
up , the bondsmen are responsible for that
amount , no matter whether or not the money
Is now in the Omaha National bank , because
Hartley had no right to pay a cent. Follow
ing this up the attorney general showed the
shortage In the permanent school funds , as
Indicated by Hartley's own books and state
ments.
Passing to the matter of the certificates
of deposit and Governor Holcomb's connec
tion therewith. Attorney General Smyth said
{ hat General Cowln's statement In hlo argu
ment that when Governor Holcomb saw the
certificates ho knew that Hartley was short
\\ns "unqualifiedly false. " The attorney gen
eral Insisted that the capltol building was
such a ramshackle structure that a treasurer
who kept any amount In It should bo im
peached for Incompetency. The officer Is
driven to place the school funds In banks.
The attorney general quoted from an opinion
of Supreme Justice Post In the Hill case ,
showing that he held the same opinion of
the capltol building and stated therefore
that certificates of deposit could be accepted
as cash. The attorney general also Insisted
that Hartley , as his own successor , accepted
the certificates as and for money and by the
act bound himself and his sureties.
BETWEEN THE ATTORNEYS.
General Cowln broke In upon the argument
of the attorney general a couple of times
with objections that ho was not truthfully
presenting the evidence. The evident feeling
that existed between the two counsel be-
canio manifest In the colloquys between
them that occurred during these Interrup
tions.
A noticeable feature of 'the ' arguments of
all the attorneys , both for the state and de
fense , was the high terms In which G. M.
Bartlett , who was deputy treasurer for twen-
y-slx years until the close of Hartley's term
and who WAS a very Important witness In the
cast1 , was spoken of.
After tbo Instructions tvcre given the jury
retired to deliberate. Judge Powell an
nounced that ho would hold himself avail
able If they arrived at a verdlst befjro 9
o'clock.
KASTXKIL CASH I.JUHY'S IIAM1S.
mid Siiliinltled nil the Conrt'n
IiiHtrnrtloiiH Lnxt K von Inn' .
After a trial consuming sixteen days , the
aso of the State against August ICastner ,
charged with the murder of Officer Dan
Tledoman on the morning of Juno 0 last , has
jcen completed and submitted to the jury.
? ho Introduction of evidence was finished
'hursday night and yesterday was devoted
o the arguments of the attorneys. Assistant
Jounty Attorney Jeffries opened for the
late. 'Ho ' was followed by Attorneys Kol-
tenney , Donahoe and Ritchie for the defense ,
County Attorney Haldrlgo closing for the
irosecutlon. The arguments were com
pleted at 5:30 : o'clock last night , after which
Judge lilabaugh read his Instructions , the
case going to the Jury a few minutes before
fl o'clock ,
In Instructing the Jury Judge Slabaugh
dwelt at some length upon the different de
grees of mucder. Ho also took up and dis
cussed the subject of credibility of 'witnesses
and tlio weight that should bo given to differ
ent classes of testimony. On the adjourn
ment of court ho announced that If the jury
agreed prior to 0 o'clock ho would visit the
court house and receive the verdict , At that
lour the agreement had not been reached
md consequently , If the jury-reaches a ver
dict , the result of the deliberations -will not
be known until court convenes this morning.
County Attorney 'Haldrlgo hopes for n vor-
llct of murder , but ho has no Idea that the
ury will over vote to Iniposo the death pen
alty. While the county attorney hopes for
his kind of a verdict , ho will not be In the
east surprised If the prisoner la acquitted.
lo realizes that ha had nothing but circum
stantial evidence and tome of that was not
of the strongest.
Wbtlo Joseph and Louis Kastner are In
dicted Jointly with August Kastner and all
charged with the murder of Officer Tledeman.
the county attorney has eald that the strong
est case wan against August , who has been
on trial , it being alleged that ho waa the
nan who fired the shot that killed the officer.
n the event that the jury should acquit
Aupust Kastner , County Attorney Ualdrlgo
will nolle the cases against the other Kastnera
and they will be released from jail within
ho course of the next few days , if tbo jury
should convict August Kastner , then the
county attorney will place them on trial. If
a disagreement should bo tbo result of the
ury'a deliberations , another trial will bo
md and probably it will como on at this
term of court.
Company Sue * Paper Firm.
The Western Envelope company his eued
tbo Carpenter Paper company , asking a Judg.
went , .far jU.P.SP JiMs * ] ? ! ! * & tojwj to Ua
. t . . . . iga .r.-- u.r . . . . - , jj.i l < j.
business. The suit grows out of an at
Uchmcnt that wa Issued against the prop
erty of the plaintiff at the Instance ot the
defendant.
It la alleged by the Western Envelope
company that on October 18 ) i enterei
Into a contract with the Carpenter Pnpc
eompany by which It was to be furnished
With auppltea for the conduct ot its manu
tacturlng buslneM. A few days later It gave
t mortgage on Its plant , whlih It alleges
* - s foreclosed by the present defendant
The plaintiff rays that at the tlmo of the
foreclocurc and the attachment It was In
a solvent condition and was ready to settle
all of Its debts.
Snyiler AVInn Aprnln ,
The suit of the Commonwealth Real Estate
company against William Snydcr baa been
disposed of , the Jury In the court returning
a verdict for the defendant.
Snydcr leased the old sheds at Fourteenth
And Harncy streets. Subsequent to this tlmo
the property was bought by the Common
wealth Real Estate company , and an effort
was made to have Snyder vacate , the now
owners of the lots desiring to erect a new
building upon the lots. Snydcr refused to
move , and ejectment proceedings wcro In
stituted In the district court. Snyder se
cured a verdict , and then the plalntld
brought a suit of forcible entry. It Is In
this suit that a verdict has just been re
turned ,
While the city has taken no hand In the
suit against Snydcr , It has , through Its offi
cials , condemned the buildings upon the lots
and It Is more than likely that It will tear
down the structures and let Snydcr bring a
damage suit.
CIIMO an Trial.
The case of Mary B. Shelby against John
A. Crclghton Is on before Judge Scott , where
It Is likely to consume several days , as
there are a large number of witnesses to
examine. The Issue Involves the title to a
largo tract of land In the west and north
west part of the city. The plantlff sues to
set aside a transfer made by her father n
number of years ago , alleging that at the
time of making the deeds ho was of unsound
mind.
The Shelby case was partially tried at the
last term of court , but was not completed ,
owing to the fnct that during the progress
of the trial the defense found that 11
wanted to amend Its pleadings. The applica
tion to amend was granted and the case con
tinued.
Asks I.t-iive to Sue StoclclinlilcrH.
Receiver Thomas of the Midland State bank
has filed an application In court , asking leave
to bring suit against the stockholders of the
defunct concern. iHo alleges that ho has
exhausted the assets of the banlt and that
there Is Insufficient funds to pay the creditors
In full. He alleges that the outstanding
debts aggregate the sum of $37,169 , and that
If the stockholders arc not sued none of
these claims can ever bo paid.
Receiver Thomas alleges that when the
Midland State bank was organized it was
capitalized for $30,000 , and that $25,000 of
this amount has been paid In , leaving the
stockholders liable for the balance.
Vcnllct for 3Icixtyn.
In Judge Baker's court the case of R.
George Hackctt against Patrick Mostyn , a
captain of the police , has been disposed of ,
the jury finding for the defendant.
Some months ago R. George Hackett came
to Omaha and was arrested on the charge
of being a fugitive from Justice. Ho was
lodged In jail and was held for four days ,
after which ho was released. Immediately
thereafter ho sued Mostyn for $ G,3CO , alleging
loss of time and Injury to his reputation.
I'crsoiinl UniiifiKC Action.
Michael Kelley seeks to recover the sum
of $500 from Armour and Company and Roch-
ford & Gould , alleging that ho has sustained
personal Injuries that entitle him to this
much compensation. The plaintiff alleges
that ho was In the employ of Rochford &
Gould , working on Armour's now packing
house at South Omaha , and that while so
employed a load of brick fell on him , crip
pling and otherwise Injuring him.
HrliiKM Suit.
Anna Jorgensen ha ? brought suit against
Herman Schaffer , Ad ph Albrecht and Fblllp
Andres , alleging that they owe her the sum
of $800 on contract. She alleges that during
the spring of 1895 she was employed by the
defendants to nureo one Gottlelb Hl.Utoimid
, hat while fie employed she nurse-i .ml bought
the necessary medicine. She asks the court
to enter Judgment against the defendant
for the amount of tier claim.
SUPN far Life Insurance.
Katlo Llngonner , widow of Jlenry 0. Lln-
gonr.er , has sued the Nebraska Plnttdeutcher
biod In an action to recover the Rum. of
$300 , which she alleges Is long rust due and
jnpald. The plaintiff alleges tiwt when her
tmsband died on August 31 , 1307 , he waa
a member or the bund ani was In goad stand
ing and that ho carried llfo Insurance In the
order for $600. She usks that the bnni jay
the face of the policy.
Schiller A ] > pIleH for 'IlnlnMiM CnrjniN.
George Schuler , now In the county Jail ,
proposes to secure his liberty If possible. Ho
was brought here from Sarpy county , where
ho was convicted of selling liquor without
first going through the formality of securing
a license. He has now brought habeas corpus
proceedings against Sheriff McDonald , al
leging that ho Is Illegally deprived of hla
liberty.
Cllrs. FIc-lil Aok Divorce.
Phoebe A. Field seeks a divorce from her
husband , William Field , alleging that ho Is
a man possessed of a violent temper. In
addition to this , she asks that he bo re
strained from visiting her homo and that
she bo given the custody of the child , the
rutt ot the marriage.
1'robnte MnttvrN ,
Cella Ruscr , mother of the minor children
of Henry Rusor , deceased , has been ap-
> olnted guardian to look after the care and
custody of the little ones.
Mary Clayton , daughter of the late Sarah
A. Woodworth , has filed objections to the
appointment of John u\ . Gordon as admlnls-
rater of the estate. She says that ho owes
ho estate and that ho Is an Interested party.
The objector asks that Frank D. Brown bo
appointed administrator.
Croup Is prevented by the timely use of
Dr. Bull's Cough Syrup , the mother's friend.
Billy Ostrandor'a opening Saturday , Big
unch. Everybody Invited ,
Read every word carefully of Hayden Bros.1
ad cci page 5 ,
Members of the Omaha Brauer Unter-
stutzungs Vereln are hereby notified to ap-
> ear li > body at the meeting hall Sunday ,
Feb. 27 , 1 p , m. , for the burial of our deceased -
ceased member , Louis Zelsbc-rg. Frlenda la-
vited. GEORGE RIBD.MAN , Secy ,
Af trillion.
North Omaha lodge , No. 28 , Degree of
loner , S , O. U. W. , members are requested
o meet at 2217 Chnrlcs street , Sunday at 2
p. m. , February 27 , to attend the funeral of
> ur beloved sister , May Gibson , All sister
edges Invited to attend.
MISS ROSE THOMPSON ,
Chief of Honor.
MRS. MARV OTIS ,
Recorder ,
TUB O , & ST. I , , AXIJ WAIIASII n. n.
For All 1'oliitH Eimt n nil South ,
Leaves Omaha dally at 4:35 : p. m. , arrives
3t. Louis 7:15 : a. to. , connecting In Union
Station with all lines. For rates , sleeping
car space and all Information call at office
Mo , HIS Farnam street , ( Paxton Hotel
Block ) or write Harry E , Moores , Ticket
Agent , Omaha Neb.
Billy Oatrandcr'a opening Saturday , Hlg
lunch. Everybody Invited.
Intercut on Sprcil Annoclutlon Ilonilv.
During the last summer the Omaha Fair
and Speed association gave funding bonds to
relieve the Institution of Its Indebtedness.
0. S. Montgomery , attorney for the associa
tion , has Jiwt announced that the payment
of the first tlx months' Interest on the
coupons of these bonds will bo paid through
the Merchants' National bank of this city
on Tuesday of next week , March 1. Ar
rangement * to thla effect hive recently been
completed , A large number of thejq fund
ing boadi are held by Ornaba cltUeuJr
-
WORKMAN'S ' NECK IS BROKEN
Tam'bUs from the Top of a Building Where
He Waa
FATAL ACCIDENT ATIBURLINGTON DEPOT
MM Lund Fall * from flic Third Story
to IlnHement , UllKhtliiR on
11U Head on n Pile
of Iron.
NIs Lund fell headlong from iho thlri
story of the new Burlington passenger depol
to the ground floor yesterday morning am
was Instantly killed. The accident occurred
about 10:40 : o'clock.
The distance of Lund's fall was about
forty feet. He struck face downward upon a
pile of structural Iron , his body lying
crushed and bleeding In such a manner that
the head hung over the edge of the pile.
The neck \\as broken and the facoso mashed
and crushed that the features wcro unrecog
nizable. It was at the cast end of the buildIng -
Ing that the man fell to his death and the
other workmen who saw Lund lese hla bal-
mice and disappear beneath wcro so startled
by the accident that afterward when they
attempted to describe It their stories were
confused and their statements varied , The
thud of the body as It struck upon the pile
of Iron resounded loudly throughout the
structure.
Lund had been employed on the construc
tion of the depot ever since the work was
begun and his particular work was the tlclng
of ropes for the purpose of holding the
structural Iron In position while other work-
mem ( secured It after It had been placed In
position. Ho was standing astride the Iron
rafters In the third story tlelug ropes to
structural uprights when ho fell. Nobody
seems to know whether he was struck by
one of thcso laeavy uprights as It was being
swung Into position and knocked from his
position or whether wio of his feet slipped
and threw him down , although the general
Impression Is that tlio latter was the caso.
In any event , the man disappeared through
the rafters of both theeecond nnd third floors ,
wtilch were uncovered. Alex McDonald , who
was Lund's foreman , considered Iho dead
tnan a careful workman acid an expert at
tlelng ropes.
The body was turned over to Coroner Swanson -
son and taken by him to the morgue. Lund
was unmarried and about 30 years of age.
Until last Saturday night ho had lodged at
119 Norlh Fourteenth street and then he
changed his residence to 1413 Cass street.
Lund's mother and a brother and sister
reside at Kowanda , Neb. , and last evening
Coroner Swanson notified them by telegram
of his death. The Inquest will be held
this morning at 10 o'clock , and In all proba
bility the remains will be taken to Kowanda
for burial.
FIVE OTHERS SERIOUSLY HURT.
Another serious accident occurred at 4:30 :
p. m. The heavy gin pole , used for hoisting
the great Iron roof girders , fell with a load
of fourteen tons , bearing six men from the
first floor to the ground , twenty feet be
neath.
Five of the men were engaged turning
the crab work at the foot of the beam and
the other was caught In the wreck of the
falling Iron. None of them were killed out
right , and with one exception the recovery
ot all Is assured. The man most aerlously
hurt Is P. Larimer , whose boarding place is
at the Union Depot hotel at Eleventh nnd
Mason streets. Ho was caught In the fall
between the cogwheel attachment of the gin
pole and a brick abutment and was Injured
Internally and cut on the head. The sur
geons at the Clarkson Memorial hospital are
as yet unable to state the extent of his in
juries.
Charles Murray , another iron worker ,
la suffering from bruises on his head and
body and a badly fractured forearm. He
was taken to his room la the Union Depot
liotcl , ami Is doing well.
Jctm Carroll , who was cut on ths head and
left leg , was also taken to his room In the
same hotel. E. J. Cooper received severe
bruises on the body and a dislocated shoul
der. His Injuries were not dangerous , and
10 was taken to his homo ut 1430 South Six
teenth street.
An extremely narrow escape was made by
W. Wtlcox , who waa working Just under the
swinging mass of Ircti , about twemty feet
from the base cf the derrick. Ho saw the
great timber slip from Its base and sprang
: o reach clear of the falling girder. A pro
jecting arm grazed his body and broke hla
eg In two places. Ho was taken to his home
at 809 Pacific street , acd later to St.
Joseph's hospital.
The cause of the accident has not as yet
jeen satisfactorily explained. The only man
who escaped , without a scratch was Walter
Osborne , a colored man. He fell with the
others , and alighted almost la Larimer's
arms , but for the second time yesterday es
caped with singular good fortune. About an
lour earlier ho lost his footing and slipped
Irom a scaffold , but caught himself at the
ast moment , nnd was drawn back by n
comrade.
The company by "which all the
men hurt yesterday were employed Is tb °
Kenwood Bridge company , which has tl
contract for rearing all the roof girderj.
Foreman Hand was In direct control of the
men and Is considered on experienced vtrk-
man. Ho said last night that the accident
was ono of those unfortunate occurrences
which no caution or eklll can avoid. Ths
gin pole , a timber fifty feet tall and fourteen
nches square , was fixed perpendicularly en
a supposedly firm base , and Mr. Hand fa Id
was the usual apparatus for hoisting roof
roa. Hb added that the men might rave
jeen shaken by the accident of the morning
and perhaps did not work In their usual
workmanlike manner.
Billy Ostrantjer's opening Saturday , Big
unch , Everybody Invited.
MOVEMENTS Ot * IlUtiULAIl AltMV.
No OrilcTH of Any 1C I ml nt tlio 1'Iuttc
lli'iiilijuiirterH.
In the morning papers were dispatches
from Forts McPherson , Go , , and Thomas ,
fy. , concerning activity among the troops
here. It was surmised by many that slml-
ar activity would bo noted at the.post here.
When asked In regard to tbo size of Forts
McPherscii and Thomas , whoso troops are
said to be In preparation for service lo the
Juban trouble Lieutenant Hutchewon said
hat each of these posta Is exactly tbo same
size as Fort Crook , each having cue regiment
of Infantry. Ho furthermore said that overy-
hlng la quiet out at Fort Crook , and they
vero not expecting any call lo prepare for
a conflict with Spain , although many very
hrcatenlng dispatcher ore being published ,
and the unofficial news , tends to make the
tiltuatlon look very serious. It la absolutely
certain , fiald Lieutenant Hutche&on , that
none of the proceedings gf the board of In
quiry are betag made public , neither will
hey bo made public until the Investigation
s completed and all Kho facts have been
considered by the secretary of war f.nd some
plan of action determined upon by the ad
ministration.
In speaking of the comparative strength
of the navlct ) of the United States and Spain ,
leutenant Hutchison gald that In bis
opinion they are about equally matched so
far as vessels are concerned , but that the
American navy Is generally conceded to be
much auperlor In that1 It 1s better manned.
Hoydens' have an ad on page 5.
nilADI.K TO ItliSIST EXTIIADITION.
Amort that C'hnrloH J. Han llecu
Utility of No Criminal 'Art ,
The representatives of the Grable Interests
n Omaha announce that the application for
requisition papers for the return to Nebraska
of Charles J , arable that will be made before
Jovcrnor Holcouib' will be vigorously op
posed. Just wbrro Charles J. arable , tbo
lephew of Frencl/i C , Grablo , Is at prcseotf
s not generally known. HU whereabouts are
known , however , to the representatives of the
Grablo Interests In this city. He was ex-
joctcd In Omaha thla week , but so far la
mown , he hae not yet put In an appearance ,
[ le U wanted to answer for alleged Irregu-
arltles In connection with the failure of tbo
Grable bank at Crawford , Neb. The defrb
will maintain that Charles J. Orablo ' .t D0t
guilty ot any criminal act , and t * , > , „ wm
c9hurTVer "W4-0/ - by order
$2.1 CAI'KS A.\n JACKETS fl.OS.
Tomorrow llonton Store Clour * Out Alt
ilirClonk * , CnncH niul Jacket * .
AT ALMOST ONE-TENTH THEIR REAL
VALUE.
Every garment from the New York dry
goods store stock Is new and in latest style ,
but to close them out quick
They go tomorrow < it
BOSTON STORE , OMAHA ,
at these remarkable price * * !
$25.00 PLUSH CAPES AND JACKETS , $4.98.
To clc o out all the high gmde , heavy silk-
lined plush capca and Jackets from the New
York Dry Goods Store stock , that sold In
Chicago up to $25.00 , wo give your choice
tomorrow at $4. OS.
$35.00 PLUSH SACKS AND CAPES. $9.9S
To close out all the highest grade , seal
plush sacks , and the finest , genuine martin
edging , fur trimmed plush capes , made up In
the latest style , nil heavy silk lined , that
eold In Chicago up to $35.00 , go tomorrow
at $9.93.
$15.00 SILK VELVET AND PLUSH JACK-
-n ETS , $2.60.
To close out all the highest grade , taffctn ,
silk lined , fancy braided jackets , that cold
In Chicago at $15.00 , on sale tomorrow at
$2.50.
$5.00 ASTRAKHAN COLLARETTES AT 980.
To close out all the astrakhan , silk lined ,
latest style collarettes from the Chicago stock
wo place them on ealo tomorrow In ono lot ,
choice 9Sc , worth as high at $5.00.
$1.25 OSTRICH TIPS AT 250 HUNCH.
To close out all the black and colored ostrich
tips from the New York Dry Goods Store
stock , which sold up to $1.25 , we will place
them on sale tomorrow on ono Immense bar
gain square at 25c for tbo whole bunch of
thrco tips.
BOSTON STORE. OMAHA.
J. L. BRANDIES & SONS , PROPS.
ICth and' Douglas.
AMUSEMENTS.
Yesterday afternoon at Boyd's theater the
Omaha Orchestral society gave Its seventli
concert In the presence of a good sized audi
ence , composed of representative musical
people , under the direction of Franz Adel-
nmmi. Two houra of pleasing music on ni :
aftcmoon is as enjoyable an experience as
ccio can often find nnd the Increased attend
ance proves that the public Is becoming
nwaro of It. The program yesterday con
tataed two Interesting novelties. The llrat
was a serenade for flute and horn , composer
by Tilt and played by Messrs. Pcdcrsen nnd
Rohrs. The music Is tuneful and well calcu
lated to show of ! the characteristics of the
Irstruments for which It Is written. Mr ,
Pcderscn's solo work Is well known nnd ho
deojrvcs to stand as high ns he does In the
estimntlca of musical people. His playing
yesterday was especially creditable , the tone
being unusually pure and true to pitch end
the execution clear. The phrasing could have
been better , for Mr. Pedersen has a habit
of taking breath Immediately before the last
note of a phrase ; the result is quite unsatis
factory. Mr. Rohrs played the horn part
wondet fully well , considering that seven days
In the week ho plays cornet In the theater
orchestra. Ho produced a rich , clear tone
and made some legato effects that were all
that could bo desired. . Ha ! work in thu
"Faust" Fantaslo also deserves commenda
tion. The second novelty was n symphonic
concertanto for two violins , played by
Messrei. Adelmann and Nordii. A concertnate
Is a sort of show piece for concert perform
ance In which the thematic development Is
made conspicuous In different Instruments
md ordinarily ornamented with colorature
embellishments. The selentlcn on the pro
gram proved to be in several movements and
closed with a brilliant finale. It was ar
tistically performed and the last part was
repeated In reupcnso to enthusiastic applause.
The accompaniment for pl&no was played by
Don M. Long.
A most interesting1 number was the vocal
solo "For All Eternity" sung by Mies Helen.
Hoagland. It Is seldom that one hearn so
rich a voice aa hers and her singing lo
characterized hy a refinement end taste that
nrcsage for her a future .replete with ar-
Istlc success. In response to an enthusiastic
recall she sang a pretty ballad entitled
'Zerzah'a Sorcnads. " The accompaniment by
ho orchestra was far from satisfactory.
Much of the time It was too loud and the
scoring could easily have been Improved. As
a general thing the playing of the orchcatra
vas thoroughly enjoyable , the "Easter
lymn" and the "Loin du Ball" being worthy
of special mention.
There will bo two performances of "Too
Much TorapklRS" today at the Crclghton by
he Woodward company , and only two more
opportunities to see Johnstone Bennett and
George Leslie , the Carcella sisters and the
rained poodlca.
No safer remedy < -an be had for Coughs and
Colds , or any trouble of the throat , than
'Brown's Bronchial Trocbes. " Price 25 cts.
Sold only in boxes.
Billy Ostrandor'a opening Saturday. Big
unch. Everybody Invited.
DorVt cast thla paper aside till you've read
he ad of Hayden Bros , on page C.
"THIS COIOHAIJ ( > SPECIAL. "
FnKtcxt Trnln to Denver
Via the
UNION PACIFIC.
Leaves Omaha at 11:55 : p. m.
ONLY TRAIN OMAHA TO DENVER
having buffet , smoking and library care.
Sleeper on weatbound train will bo open to
traveling public at 9 p. m. , and persona
bound for Colorado points need not wait
until train leaves at midnight before re
tiring. For full Information call at city
ticket office , No. 1302 Farnam street.
Very Interesting the big store's ad on
5.
HALF HATESi SOUTH.
;
Via Port Arthur Itontc.
The Kansas City , Plttsburg & Gulf railroad
will sell round trip tickets any date , at ono
faro ( plus $2) ) to all points on Us line , south
of Gentry , Ark.
For rates , advertising matter and all Information
mation , call nt "Port Arthur Route" office.
No. 1415 Farnam street , ( Pnxton Hotel
Block ) or write , Harry E. Moores , Passenger
and Ticket Agent. Omaha , Neb.
HOIIK-'HUflCCrH.
To readers of North Nebraska Resources
and others seeking homes : The Fremont ,
Elkhorn & Missouri Valley R. R. will sell
home seekers' tickets t ono faro plus $2.00
for the round trip on March 1st and 15th , to
points on their line to Nebraska where the
faro Is $3.00 or more.
Hilly Ostrander'a opening Saturday. Hlg
lunch , Everybody Invited.
DIED. T-
HAYS MW. Mary , aged 79 years , nt the
residence of her datiKhter , Mrs. George H.
Lake. Funeral nt 2207 Dodge atiect , Sat
urday nt 3 o'clock.
GIUSON-Mnry , Feb. 24. 1SB8 , daughter of
Mr , nnd Mrs. James Gibson , aged 21 years.
Funeral at 1:30 : o'clock Sunday afternoon.
Fob. 27 , from her late residence. 2223
Charles street , to Laurel Hill cemetery.
Awarded
Highest Honors World' * Fair ,
Gold Medal , Midwinter Fair.
' 13 R.
A Para Qnp * Crtatn ol Tartar Potrfcfi
40 YEARS THE STANDARDS
OPENING On Saturday will hnvo ready
our .adv.Dico line of boys' and chil
dren's Spring Suits. In no former
season have wo attempted to show
or so extensive a variety. In no form
er season have wo shown so well se
lected a stock. Our buyers have
BOYS' gone to exceptional pains to furnish
us with a line that will bo the
grandest over seen in the West , Ev
ery new style , every good make , ev
ery choice fabric has been called in
to requisition to intensify your in
terest and to swell the ranks of our
CHILDREN'S customers for children's clothing
this spring. The advance styles ,
which we open up Saturday will
give you the key to our intentions.
SPRING They will shed some new light on
price making. The early showing
will create a wave of excitement or
SUITS. wo make a mistake.
A. FAIR FACE CANNOT ATONE FOR AN
UNTIDY HOUSE. " USE
Gowns , 50c The kind you'll like
well made of good material em
broidery trimmed.
Drawers , 25c The best in Omaha at
the price.
Corset Covers , 25c Perfect fitting-
ill neat styles.
Skirts , $1.00 Much better than
you've seen before.
Chemise , $1.25 With trimmed bot-
tonj nnd yoke.
Wrappers , GSc Pretty prints made
right lit right style right.
Open Saturday night till 9:30. :
1510
Douglas
CLOAK&SUITCO , streeu
Residents of towns and communities out-
Bldo of Omaha who need a
Specialist's
Treatment
FOR. . .
Catarrh ,
Deafness ,
Diseases of the I-unRS , Stomnch , Nerves and
Blood should write for Dr. Shopards' book ,
"Thf"CMV : Treutiucnti 'lloiv ' It CuriW
A specialty la made of the Home Treat
ment by mall.
SHEPARD MEDICAL INSTITUTE ,
an , aia and sia jr. v. Life man.
DUFFY'S
PURE MALT WHISKEY
ALL DRUGGISTS.
Motlirrxl Mill In-ml ! .MoUuT.s ! ! !
Mrs. Wln low' Boollilng Byrup Ima been nrcrl
for over M years by millions of mothers for
helr children whllo tratlilnK with perfect U < * -
; e rt. H BOOCht'8 the child , notions theBin" ,
illnvn all l > aln. cures wind colic iiml Is tliu best
-emerty for Dlnrrhoen. Sold by Urusglfct In
. very pnrt of the world , no mire nnd iisk for
'Sirs , Wlnslow's SoothlnK Syrup" nnd tnlts neither
ither lilnd. K cents u bottle.
For the hair Our Clrclaslnn Rum nml
Quinine. It removes dandruff. Keeps the
scalp healthy and makes the hair gro\v (
Prlco EOo per bottle. Sherman & McCnnncll
Drug Co. , M'ddlo at the Ulock , 1513
Street
1VE no longer supply our seeds to dealers to
TT sell again. At the same time , any
one who has bought our seeds of their
local dealer during either 1896 or 1807 wilt
be sent our Manual of "Everything for th
Garden " for 1898 rmcc provided they
apply by letter rKCC and give the
name of the local merchant from whomn
they bought. To all others , this magnifi
cent Manual , every copy of which costs us
30 cents to place in your hands , will be sent
free on receipt of 10 ccnls ( stamps ) to cover
postage. Nothing like this Manual 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 cts. for the Alanual who will
state where they saw this advertisement.
Postal Card Appllcnllooi Will Receive No Attention.
If you have a Hump Nose , Roman , Tint. IUf ,
fin ! or broken None , or nny muilc or liieinlili
on. in or unrirr your ckln. mil on JOHN H.
wocmmmv , 127 w t a t. , New York , con-
eultatlon free.
tlic liourH 11 f (1 < o 1O In
thn evoiiliii ; today will litItold a
Twixt
Hlx-cldl mill- for tin * Ix-iu'llt nt tliviu
that oome cvt-iiliiK" liolil out Tliat'H
Spring Offerings n fake on tlie face of It , bculUi-H 1111-
Kraiiiinn ( leal !
and Oil , iti-Il ! fnUo anil Imtl KiiKlluli IIHII-
nlly travel toffi-dior.
Ear Kluff Sales IIj- the iray , what IN your canillil
opinion of a Ntoro that ailvortlNvM a
niu'pliil Niilu from ( I to 1O In the * vut
Lei Us Anil the mime ntore will , on ( lie fol-
lotvlnic ilny nay that c-vcryhoily here
Have Peace in Hprvril alike.
If thu No-ealleil npeelal Male Iii'Kln *
nt ( > o'eloek , evidently < he iicrxoii
and
that enu't liny liefure Cl In uhciilccl
for the heneJlt of the one tvlio linyN
after ( I ,
Suspenders
Or If prleon are neither advanced nor
lowered , < nhy vail It n Hpeelal nalu at
allf Here In u "lilt iiuxxle" to KOlve ,
1'lly , that n moilcxt Mlorc , trhloh oueu-
IICM a Niiot that covern the nhole
of ( hu uonntry , nhoiild have fallen to
Niieh poriilflou * ndvertlNlntr iiiethiidn.
Quarter 100 doicvii NiiHiieiiilurM that Hold nt
. u a pa I r liavu Itecii remurkcd to IfSo
u iialr. That' ellfH ( iho future prlon
Suspenders
of tliono HimprmlrrN. ThU IN our
vrny of Hiivcliil milery. Whether you
At come nt TiIlO a , m. , or vlcveiilceu
minute * iiUHt any hour. If you like
15c
order u imlr nuut to you. Our 'phouo
iiuinhcr IN l , ( > au.
And yet thoiie molten ! utore *
our In < virrltyI'ouh