THE OMATTA DAILY BEE : WEDNESDAY , NOVEMBER- , 1803.
MUD THROWING COMMENCES
'it
Aiionyraou * Aisaulti on P.opublicau llandi-
dates Opened from Lincoln ,
SENATOR MURPHY VICTIM OF THE ATTACK
Clrrtilnr Sinned "Committee" anil III-
I | < MOI | to HUM ; UN Origin nt I'up-
allnt Ilc'mliiiifirlorn Turn * I | i
In I/ilrcc > u in lie ! ! , .
LINCOLN . Nol. l. ( Specla ! ) In their
desperate search for an l sue In this cam
paign the popocratlc maaagors have at last
not down to thy level of mud-slinging by
means ot anonymous circulars. A moat
villainous statement hns hern printed and
circulated ovu the statu , pretending tn
come fiom the "Ilepubllcnn Association"
end iittai'klng tlio private chnrnctcr cf Hot )
Ocorgo A. Murphy in the vlle t and moat
cowardly manner. The circulars closi ; ur >
wlfh n line stating that "each association
will be expected to report to comtnltte'o"
tnd the only signature attached to the clrctu
lars is "Committee" In ordei to carry
out the prctcnso that the < circulars are
Issued by republican authority the follovklnj ;
la printed "Wo , the committee- , also ad.
xl < e that we do everything In our power
that Is Just and right to elost the balance
of the republican ticket , Nove. 8th , 18'JS. "
The circulars are being distributed In the
country districts and ouxill country ton 113
mid are expected to prejudice voters who
have no opportunity to learn from whence
they cume. Pevcral have found their way
up to the state committee rooms , having
been sent In by voters from the Interior of
the state who had received them by mall.
I.oratliiK tilt * Author.
Thn postmarks on the envelopes show
that thp circulars are being mailed from the
Lincoln oincc. The liasto of the popocratto
crpan In denying responsibility before anyone -
ono is scouted only addb to the General
Icllcf thul the cliculars are being sent out
from the popocratlc headquarters. Con >
nccted with those headquarters Is at least
nno man who has been Known to use the
tame method In county campaigns , attemptIng -
Ing to assashlnato character by means ot
anonymous circulars , and It Is no great sur-
; > ilse that the same thing la belui ; tried In
the present campaign. The circulars are BO
vile and llbelous and show the treachery BO
plainly that the scheme Is certain to act as
a boomerang on the heads of those who con
cocted It
Today Chairman II. B Schneider ot the
republican state committee announced that
ho would Individually nnd as a business
man and citizen of the state offer a reward
of $200 for the arrest and conviction of the
pcrfcon or persons responsible for the dis
tribution of these Hbelous circulars , or for
any person detected circulating the somo.
He proposes that theie shall bo no half-way
measures about It and has already Instituted
on Invctjgatlon of the report that ono ol
the populist commlttcemen of Polk county
lias been distributing the circulars In Osce-
ola and other towns of that county.
The friends of Mr Murphy denounce the
fitatements contained In the circulars as
false In every particular and are Justly
indignant over this uudcrhanded attempt
to Injure a man who Is a reputable citizen
and who made a splendid recoid In the
last state eenate.
UiiL-iulcn AVhi' Wo il 111 Ilo It.
The fict that Senator Murphy was the
active champion of a bill to regulate etock
yards and nndo a number of speeches on
that question during the session gained for
him the enmity of those who afterward
were responsible for striking the radical
stock yards plank out ot the populist plat
form , aud the abiurance that Murphy would
favor legislation of this kind If ho occupied
the chair as lieutenant Kovernor furnishes
the Incentive for the vile attack that ha :
just been made and makes a train of cir
cumstances that Is not hard to trace. No !
long ago Lieutenant Governor Harris salt
publicly that the block yards hirelings or.
ganlzed the last state eeuato and that thej
dictated the nominations at the recent pop.
ocratlc state convention. It Is now cvldenl
that the same gang Is dictating the conduc
of the fusion campnign and that the lasl
desperate attack is to be concentrated
against the candidate for lieutenant goy.
ernor. that officer being the one who has th <
reference of bills to committees during th <
session
The republican manager * , during the pres.
cut campaign , while they have offered man ;
ciltlclsms against the olllclat records ofthi
popocratlc officials , have clung entirely t <
the record and have not In a single instanci
Btoopcd eo low as to besmirch the private
character of any candidate on the opposl.
tion ticket. This has not been because o
lack of opportunity , but because they de.
sired to wage a clean and creditable cam
palgn , paying attention only to the publli
acts of the men as shown by the offlcia
records. The popocrats have opened up thi
dirty work and it la believed that the ;
themselves will bo the ones to suffer for it
Lincoln Local Sotcn.
The regular police force and n half doze
extra officers wore kept busy last night an
Bwcring calls for protection against the dep
redatlons of youngsters bent on hallow ee :
fun. Very little damage was done nslcl
from moving nearly all of the board side
walks la town.
Another meeting of the city council wa
held last nlBht. but the candidates to fll
the vacancy caused by the resignation c
Councilman Barnes some time ago were no
relieved of their nn\lct > . Ma > or Grahar
did not submit an > nominations for approval
as It was expected ho would do
Thrco republican meetings will be hcl
In this city tonight. The Scandinavian clu
will hold forth at their hall and be addresse
by H. W. Rushnell Judge S. T Cochra
will speak for the colored voters In anotlie
hall nnd a Joint nice ting of the Union \ ct
crans1 club nnd the Young Men's Uepubllca
club will be held In the Grand Army n
the Republic hall Members of both organ
izatlons aio on the program for bpeeches.
The Hnydon Art club has received a larg
number of flue photographs of famous palut
Ings and views of the world and Is prcpar
ing to glvu a public exhibition of thei
on Friday evening
Ills Hull } of Heinililli-niiH.
05CEOLA , Neb . Nov 1. ( Special ) Tin
republicans of Osceoli had another gram
rally on Saturday evening at the cour
house and the building was BO crovvdes
there waa not standing room They wen
addressed by Hon 11. M. Parmenter , whi
for two hours held the attention of thi
nudlenca and waa frequently applauded
Mr P.irmcnter Is a pleMbant speaker am
presented some forclbi'o facts.
hiunll niihlfiulu of Dliilitlirrln.
STERLING , Neb , Nov. 1. ( SpeclaU-
Thcio have bc n two deaths from dlphthcrli
In this vlclnlt } aud It h.tf > spread to th
Ve.yntrlet measures fl.e beln ?
taken to arrest Us sprcailliiR further , guard *
being strttkmed nt the residence * df tliotc
Imtnfc the dlfeiiau. The schools are cloned
Ai ) ' ! rtefUcef , dl rontntcd ! ! at the churches
Th" den'h a ! Mfea Etumft Boatman tm Just
L cavdtlons nro completed for two laigo
atoro b'llliUnt ; * for H. Latidwclr and worl ;
will b6 pushed to completion before th"
now jear. There luvo , beeu three faipo
brick buildings erected hero this summer ,
and these , with the ones now comuuncliis ,
will grta'l/ Improve the apprarance of the
city. Many fanners have also built new
residences and othfs UIKO barna.
rnni.iM ; or MIIHVSKvornut. .
Itoiitililtc'nii I'ronprc'tN In n
IImltli > Condition.
McCOOK , Neb , Nov 1 ( Special. ) The
situation In the Twent-ninth senatorial
dlatllct nnd the SUty-lUth representative
district Is encouraging. Although In both
Instances , two years since , the populists
elected their candidate , Hon. E Xllen , i
the icpublican nominee for state senator Is
making an earnest , clfectlvo campaign Two
jears ago ho reduced the populist majority
very largel } and the Indications , and reports
are such as to warrant the expectation of
j success this year The result will be very
cloae. As to the representative' In Red Wll-
I low county the republicans have an able
nominee In the person ot Ur. J. E Hathorn
With earnest , active work he can be pulled
out victorious He ought to win.
WVMOUE , Neb , Nov. 1 ( Special. ) With
only six days be-twecn this and election day
the republicans of Gage county and es
pecially this part of It are well satisfied with
the prospects which those In a position to
know claim are moie flattering than ever be
fore In the banner republican counties of the
state. Many railroad men here , both In the
train service and In the shops will vote the
republican ticket this year , vsho hive not
only heretofore voted the democratic ticket ,
but have worked for It The shops hero are
working a large force of men full time and
at good wages and their endorsement ot the
administration Is assured. The democrats
have given up all hopes of electing any part
of their county ticket and their efforts are
no * concentrated lu securing votes for
Judge Stark. Trades are offered on him ,
but none will bo accepted , as the re
publicans here fell S'vfe la their county
ticket and will do all In their power to roll
up a big majority for Hon. E. H. Hlnshaw
, for congress
HOOPER , Neb , Nov. 1 ( Spe-clal ) Hon.
George D Molklejohn , assistant secretary
of war , spoke at this place last night to a
very large audience. The opera house did
not hold half the people , who came from
Fremont and other places to hear him. The
Scrlbncr band furnished the music and at
11 30 p. m a dainty supper was prepared at
the Wlckwlre hotel. Mr. Mclklejohn and
party left In a special car at 12:15 : o'clock
the same night.
olirnnKu I'or r Meet * Judder.
TREMONT , Nob. , Nov. 1. ( Special )
Edgar Mayer , who was arrested In Chicago
last week for forgery committed at Janes-
. vllle , Wis , Is wanted for the same cilme
j here. Ho Is charged with forging the en-
i dorsetnent of a prominent business man to
j a check and passing It as genuine. A war *
I rant was Issued hero for his arrest and he
i would have been brought back If the WIs-
I consln authorities had not gotten him first.
j As ho pleaded guilty to the charge in
Jancsvllle ho will probably not be broughl
here.
llnrUcit Sienl < N nt S > rnciino.
SYRACUSE , Neb. , Nov. 1. ( Special Tele
gram. ) The republicans of this vicinity belt !
an enthusiastic meeting at the opera house
this evening. Speeches were made by E. J ,
Durkclt , candidate for congress ; John W ,
Dlxon , candidate for county attorney , and
others. Mnsio was furnished by the Ladles' '
quartet of Syracuse , the Magnolia quartol
of Lincoln aud Judge Mapes' fife and drum
corps.
Clnlnm In for I'cnMtoiia.
OSCEOLA , Neb. , Nov. 1. ( Spccial.- )
Some of the sofdlera who have come home
on discharges have already flled applications
for pensions. The first was sent in by a
recruit of the First Nebraska , who was
injured at San Tranclsco on his way tc
Manila. Austin Jeffrey and Dewey Shaw ,
Third Nebraska , have recently arrived home
from Jacksonville , Ha.
Vpoii ii ClKiir Mnkpr.
HOOPER , Neb , Nov. 1. ( Special ) -
Henry Artzbach , a cigar maker at this plac <
while going home last Saturday night wa :
followed and asaulted by Jesse Rodgers. Mr
Artzbach was taken homo by friends and li
In a dangerous condition. Rodgers was ar
rested , but he gave the marshal the slip am
Is still at large.
Tlmyer Count } Gt nn Airnril.
HEBRON , Neb , Nov. 1. ( Speclal.- )
County Superintendent W , H. Rhodes has
Just received notice from the committee or
awards that Thayer county has been grantee
the silver medal for educational work a
the exposition.
HYMENEAL
TwIUnle-I'nul.
a HASTINGS , Neb , iNov. 1. ( Speslal TelC'
p gram. ) 'Mr. Ernest Twldale and Mlsi
Blanche Paul were quietly married tonlgh
at S o'clock at the homo of the bride's sister
Mrs. A H. rarrens. Rev. Power officiated
I The groora Is one of Hastings' best buslnes :
men , while the brldu Is one of the most pop'
ular joting women In the city The newlj
married couple left on the n o'clock train foi
a short wedding itour to Omaha , Kansas CIt ;
and St. Louis.
b
II HiiUi-ClirlNieiiM-n.
J ST PAUL. Neb , Nov. 1. ( Special ) On
of the most pleasant wedding festivities ovc ;
witnessed lu Howard county took place li
Dannebrog > esterday , the occasion being thi
marriage of Mr Hans N. Huth and Mlsa Car
ollne Chrlstensen. The parents of both thi
bride and groom are w ell-to-do old settler
near Dannebrog. Several hundred Invltci
guests attended Ilcv. Peterson of Dannebroi
performed the ceremon > la the Lutherai
church.
LEAD , S. D . Nov. 1. ( Special ) .lak
Dllllnxs was married to Miss Maymo Dark
list D\Piling In South Lead. Both jouni
people are popular lu the clt ) .
ial1vta > Mnn ii Ov rcoinc.
CINCINNATI , Nov 1 n. H T. Pierce
receiver of the Clovet Leaf load and presl
dent cf the Indiana , DecnturVestcri
railway , while on his w.iy to this city ou i
Cincinnati. Hamilton and Dayton train , became
came unconscious and was taken fiom th
train to the city hospital , where he etll
lies In an unconscious condition His all
uicnt Is uraemia.
The fragrant aroma from first-class
malt and hops.so pronounced in "DlatzV
convinces you of its purity and high
qualltyrThemoreyoudrink.the moro
you are convinced ,
VAL.BLATZ BREWING Co.
MIUVAUHUL , U.S.A.
For Sale by Foley Bros , Wholesale
Dealers , 1412 Douglas Street , Omaha ,
Net. Tel. 1081
ifAfinpn ni'r < < nrMinimvn
JIOORES ASKS A RhHEARIM ,
Motion Filed in the State Supreme Court by
Ills Attorneys.
FIVE POINTS URGED IN HIS BEHALF
Dec'lslon at Viirlunee M ltd I'nnnltiioiiM
Opinion of tlic Court I'rcv IIMIM- !
HviulcrtMl In tin- bit m i > Cime
( illllt
LINCOLN , Nov 1 ( Special ) Attoineya
acting for the respondent In the cise of the
State against Mayor Prank E Moorea this
morning filed a motion for rehearing before
the supreme court The petition sets forth
live polnti upon \.hlch ground for a rehear
ing is based , and la attended by a brief
showing the virtue of cash point raised ,
1 he first argument advanced Is that the
Judgment rendered , In respect to a question
of constitutional Interpietatlon , Is contrary
to the opinions of t\.o justices and two com
missioners and overrules the unanimous de
cision ot the court upon the same question ,
without a hearing thereon. The brief ex
plains that by a tininlmous decision of the
court , filed December 'J , 1S07 , the terra "col
lector and custodian" was Interpreted to
mean whit It says with the ordinary
I significance to the word "nnd. " In the con-
i currlng opinion In the present case it is
admitted that respondent Is not a "custo
dian , " within the meaning of the constitu
tion , but it reads the pliraso as though it
vvcro written , "collector 01 custodian. " The
, claim Is advanced that respondent was not
i both a "collector and custodian" of public
money
j H Is developed in the second point that
I the quo warrauto proceedings to oust re-
i spomlent assume his default ns "collector
'
and custodian , " which fact should hove been
adjudicated before the proceedings could be
entertained. If the respondent was Ineligible
to be elected mayor on April 2U , lSrt" . It was
beeausu his disqualification was , In contem
plation of law , In full force without any
previous trial or Judgment of court. It Is
: iold therefore that the court cannot Inflict
a retreading penalty for the purpose of
justifying a writ of ouster In this pioceed-
lnnp.
Itluht to n Jury Trfnl.
Points three and four recite that the
Judgment Is based upon an alleged offense
which Is penal in Its nature and therefore
the decision violates the right of respondent ,
guaranteed by the constitution , to a trial by
Jury of the offense with which he stands
charged The reference of the case Is said
to bo wholly unauthorised and In violation
of the Code of Civil Procedure. The vital
ciuestlon Is urged that Mayor Moores has n
right to n hearing In court before he shall
bo ousted In such a proceeding. "To oust
Krank E. Moores from the office of mayor , "
the bilef adds , "In a quo warranto proceed
ing which presupposes his guilt Is like taU-
Ing a man to the penitentiary and trying and
convicting him after he is Inside the prison
wallb. " Authorities from other states art
adduced to show that btich a proceeding ls
unprecedented.
The final appeal for a rehearing Is basci
upon general facts In the case. Respcctfu
protest Is made against the language adoptci
by the court , In which the aiguments In be
half of the respondent are sneered at am
characterized as pathetic appeals. It 1 :
urged that the case is too serious in It :
effect upon the respondent and upon thi
citizens of Omaha to justify anything bu
the gravest consideration at the hands of th
court. "If the opposing counsel had mad
such comments upon the evidence , " thi
brief adds , "wo should Insist upon it to th' '
court that counsel were begging the ques
lion and were ? .giving to mere Items of. !
deuce clrcumstanceb offered to prove ultl
mate facts the value of the ultimate fact
themselves. "
FIRE RECORD.
Implement "VVarehoniHe nt Tolilnn.
TODIAS , Neb , Nov. 1. ( Special Tele ,
gram. ) Fire last night broke out In thi
implement building of J. C. Chaloupka ant
cveiything was burned up. Loss Is a :
follows. J. C. Chalpouka , Implements , $2 ,
200 , Insurance $1,500 In Crete Mutual ; B
D. Howard , wagon shop , $150 , no Insurance
J M Mechn , blacksmith , ? 200 , no Insurance
Charles Duchtell , owner of building , $1GO (
Insurance for $800 in Queen. Cause of fin
unknown.
CVKM'S O.N T1IK Ilt > .MN Tlt.VCKS
.l rirnt Choice In I.ncUy <
Get ccond I'Inot * .
NEW YORK , Nov 1 There was a gooc
attendance at Aqueduct track and the rac
lug was Interesting In the first race Harr :
Ueed was backed as If It was all over
Hlllall and Surrogate led to the stretch am
then Tinge went to the front and vvoi
easily. Harry Heed getting the place am
Tappan , who stumbled at the hc.id of thi
stretch , being third Whistling Con wa <
an odds-on favorite for the fourth nice aw
had to be driven to win by a couple o
lengths from Danforth. Results ;
rirst race , tlvo furlongs , selling : Tlnpr <
won , Harry Reed second , Tappan third
Time : 1 02 1-5.
Second lace , five furlongs. : Incnndesceni
won , Impartial second , Al Ileevcs third
Time : 1.02 2-5.
Third race , one mile and foi ty yards
Whistling Con won , Danforth second , Gale
Day third Time- 15 3-5
rourth i ace , live nnd a half furlongs
Captain Slgsbeeioii , Tvran second , Tyr-
shena third. Time. 1.09
Fifth race , one mile. King llarleycorr
won. Klrkwood second , Don De Oio third
lime 1 II 3-5
Sixth iace , mlle and forty yards helling
UecKy llolfe won. Ilardv C fcecond , Bas
tion third Time 1 48 2-5
CINCINNATI , Nov -The managemenl
of the I.atonla Jockey club his dec'ind tc
extend the present meeting , which was te
close November 5 , until Saturdav , Novem
ber 19. The last race of Monday , post
poned on account of darkness , vv.is the
first on the card today nnd resulted In o
victory for Dutch Comedian at odds ol
10 to 1. Viola 1C , backed down from 30 tc
1 to 12 to 1 In the maiden . ' . -year-old race
was beaten by a nebo bv Belle of Dublin
a 6 to 1 chunct Results-
First race , ono mile , selling' Dutch Come
dlan won , Marltl second , Elusive third
Time. 1 43j
Second race , one mile , ncllliig. Aunt Mag. .
Klo won. Creedmoio I , second , Ambei
Glints third T'me : 1 43U
Third nee , five and one-half furlongs
Claience B won , Volandles second. All
Blast third Time : MOVi
1'ouith rare . > IB a.ul onot ! < enih miles
handicap1 Mlllatream wen , Sauber second
What Next thl-cl r me 1 51'4.
Fifth race , inn and u cniu"er miles , sell
Ing Joe Shelbv won , Osilc- second , VlrKli
0 third Tlmo. 2. i1.
Sixth race , nvo lutlnngs Hclle of Dub
lln won , Viola K second. Alalalso thlid
Time. 1 01
Seventh race , on m'.le , Celling Dex
won , Barbee d rend , Aloidec.u third 'ilme
CHICAGO. Nov 1 Lakeside race results
First race , five liirUim's. I irrol won
Frert Lady s'cond , Cunova third , 'lime
1 OJU.
Si fond race , one and a hulf .i.ilcs. MJII
ere'th ' won , Alvarado H fecoii.l , wcthmnen
Stai third Time. i : \
Third race tlv P and one-half lurlonss
Muzlp V v on Sugdcn s'cond , Cathedra
third Time. 1 10 > 3
Fourth rue , one mile and seventy yards
Alfredo won. The D ( vll second , Don ursine
thl-'l Time 1 I3\
F'fth r.aci1 furlongs O Connell won
JlontnOmery second , Tlmemaket third
llnu 1 H' .
Sixth race one * mile Foncltff w on , Facade
second , Tranby third Time I.Hi.
Icmn I ell < -rt > AVI II l n- < foot llnll
TAHOR , la Nov 1 ( StuclalOnn ) of
the best games ever plaved In this vicinity
Is expected to occur on November S at the
Tabor ball park between Toboi and Amity
colleges. Amity H foot ball players arc
said to be strong men and In good condi
tion and Tabor hub had the benefit of care
ful preparation
llonl.V Mint-Out nt 'l > "im , eli ,
TECl'MHEU. Neb. Nov. l.-Rpcclu ( ) ) -
The ridiilt of the trame of foot ball between
tluTecumHvh HluH xchuol eleven and the
I'awneo Cllj a adfmy team on the srounds
of the latter Faturdav nfteinoon wafO to
0. The FH mo was ono of thu bcbt uvtn put
uo la this part of the statu ,
SUPREME COURT PROCEEDINGS
No & 3J3 latcnsr ftfralnst Ml ner Ur-
ror from Douglas county. Itcvcrsed. llnr-
rlsnn , c J
1. A l > ctlton | mny be nttnched nt nny
Btnc of the proceedliiRS oti thn ground of
its Insinilclency In statement of a cnuae of
action.
\Vlioro fitch nn attack on the pleiidlnK
! dolR > pl until In this court on appeal , It
will be liberally construed.
T. A written contract , the meaning of
which li certain and patent from Its term *
maj not boarled by dlr.cct explanation or
Interpretation In oral testimony.
I If the mcanliiR of u written contract
H not entirely free from ambiguity or ob-
tcurlty or It may bo capable of two con
structions , nets of the parties to It during
and In Its performance , aiUJ othei clrcum-
stimces which tend to an exposition of Its
true Import , or to show the construction
which such parties have placed upon It ,
are admissible and Its Interpretation In
the llRht of such facts and testimony maybe
bo committed to the Juiy utider proper In
structions from the couit.
No ! > 311 Thomas nKnlnat Nebraski Moline -
line- Plow Co nrror trom D-ivvson counts.
Alllrmed Sullivan. J.
1 In nn action between the parties to u
valid written contract It Is a general rule
of rvldenco that parol testimony touching
an antecedent or contempotunuous n rce-
mint In relation to the wamo matter cnn-
not be received to vary , add to or sub
tract from the terms of the written In
strument.
. ' Deposition * filed in a. lowti court arc
presumed , In the absent e of pi oof to the
rontrai > , to hive betn U unsunned to the
dl'trlet com \Mllnn the tlmo limited b >
the Btatutc for that purpose
3 An objection to the reading of deposi
tions bu&cd on the fact that they did not
bear tin- clerks llle mark whowhiK thul
they had been Died more tnan one dav be-
foie the trial was properly overruled
where It appeared that such depositions
hail been taken and used In lht > lovvci
court and had been for a long time amonR
the tiles of the case In the district court
4 > > nero a cause la tried without a Jury
It will bo iiesume < l that the touit consid
ered only ( umpctent evidence In reaching
a conclusion.
Xi kOSO j-icvvls against lloldrece App -
p > il from Lancaster county Affirmed
ljulllvun , J
1 A sile or transfer of property In fraud
of the rights of creditors of the vender Is
v.illrt between the parties thereto , and It
Is void as to such creditors only to the ex
tent that they arc prejudiced theieby
2. Thu assignee of a non-nesotlable chose
In action takes It subject to all equities
existing between the original paitles
. ! . "Ho who seeks equity must do equity '
and como Into court with clean hanus
4 A plaintiff who does not stand In con-
si IcntlotiH relations toward his ad\ersni >
with reterenco to the claim which Is the
subject of the action Is not entitled to the
aid of a court of equity and will be denied
alllrmatlve relief , although micli claim
clot" ) not arlso out of an Illegal transaction
and is not tainted with actual fraud
5 If the plaintiff , or his assignor , has
been guilty of any misconduct In connec
tion with the transaction out of which the
claim In suit arose , so that the enforce
ment of such claim would be. harsh , un
conscionable and oppres-sl\e , u court of
equity will cither decline to grant any re
lief whatever or grant It on such terms as
may be Just and equitable.
No iiJ36. Chicago , Burlington & Qulncy
Railroad company against Yost Knor
from York count ) . Reversed nagan , C
1 The undisputed evidence In this case
held to establish (1) ) that the defendant in
error stepped upon a rallwuy ttack with
out looking to "co If a train or cnglno was
approaching ; (2) ( ) that his conduct under the
circumstances afforded conclusive evldencu
that the act was negligence1 , (3) ( that such
negllgenco vvs the. proximate cause of the
Inlury for which he sued
No. 8336. Hall et al against Crabb. Ap
peal from \ork county. Alllrmed. u > un , C.
1 An estate less than a freehold Is not
nn estate of Inheritance and a freehold es
tate Is ono of which possession , nt the
common law , could only be given by llbcity
ot seizure. Following : Crawl against Har-
llngton , 33 Neb , 107.
I A surviving husband , whose , wllo died
In 1877 , was not entitled to an estate of
courtesy in lands In which she had a mere
equitable estate at the tlmo of her dentil
No 1U140 Crofeby against Uitchey. nrroi
from Lass county. Heversed. Harrison ,
( J J.
1 If the only dcfenso alleged In an action
on a promissory note by on endorsee
thereof Is n failure of consideration , the
burden Is upon the defendant to o\ercomc
the presumption that the note was trans
ferred bcloru duo for value In the due
course of business. Crosby against lUtchey ,
47 Neb . 024 ; Vloleta gainst Hose , TO Neb ,
CCO , Kelman ngilnst Ca'hourr , 41 Neb , 157
2. If In n paragraph the charge of e
court to a Jury ther/ . , contained a mis'
statejnent f f tl Ii iv t Ji * > j a jnaterlal polnl
of the Issues , the error \i not cured by e
correct statement thereof In another 01
other paragraphs. Wasson against Pal.
mer , 13 Neb , 37K , Fltzgeiald against Mever
25 Neb , 77 ; Ballard against State , 19 Neb
C03.
3 If the statements of the charge to th <
jury upon u material point arc but gen.
eral a requested explicit explanatory In.
struction which is entirely pertinent nnc
applicable to the Issues and evidence shoulc
bo gl\en
No. 6",5T Downing against Lewis. Appea
from Buffalo county. Reversed. Sullivan , J
1 A laundry Is not a minufacturing cs.
tabllshment within the meaning of chap ,
ter llx , Session Laws of 18M )
2 Chapter llx. Session Liws of 1SS3 , vvii'
designed to prevent manufacturers am' '
dealers In ai tides of commerce from com. .
blnlng for the purpose 01 lessening om
petition , regulating production and Increas
Ing piollts and to secure to the public th <
benefits of fair competition in trade
J All contiacts In restraint of trade an
not forbidden by the act , but only such a-
are entered Into by parties v , ho aie "en. .
gaged in manufacturing , selling or deallnj
In the tame or any like maufactured 01
natuial products. "
4 An agreement In partial restraint 01
trade , which Is not within the Inhlbltlor
of the statute , aforesaid Is valid and maj
In a proper case be enforced by Injunction
No 8365 Clirk against Neumann. A p.
peal from Cheyenne county. Reversed Sul
llvan , J.
1. Four separate and comnlete written
agieements. contemporaneously executed
claiming no relationship with ono anothei
and each evidencing the sale of one-quirtei
of a certain section of land , cannot , In ai
action to enforce a vendor's lien , be treatec
as Independent parts of a single , Indivisible
contract. ,
2 An attempted forfeiture of a land con.
tract will not be effective when both par
ties subsequently deal with the contracl
and the land as though there hid been
no rescission
3 In an action on land contracts to en
force a vendor's lien an alleged tenuer by
thn defendant should bo kept good by
bringing the money Into court.
4 .he finding * and decree In an action in
equity should icspond to all the material
Issues tnesented by the pleadings
No 0915 Arpabrlght ag-ainst State nr
ror from Nemaha county. Reversed. Nor-
'l 'l v'ldenco examined and hold sufficient
to sustain a verdict of murder in the first
degro ,
2 The fourth and thirteenth instructions
were bised upon the evidence adduced on
the trnl. , , ,
3 iho order of Introducing testimony
des'snated by sect'on ' 47S , of the Criminal
Code , will not preclude a defendant from
Introducing , In a proper case , testtmoin to
Impeach a witness examined by the state
on rebuttal
4 The order of introducing testimony In
a criminal case rests largely In the discre
tion of the trial court , and nn abusn ol
discretion in that regard Is .sufficient
ground for reversal
No S344 Robertson against Brown Kr-
ror from York county Reversed Uyan , C ,
In an action for damages alleged tc. have
be ° n sustained by the wrongful net of the
dofnndnnt plalntllT Is entitled to ha. * the
evidence considered by the Jur > uninflu
enced by consideration of sympathy 01
public policy and an Instruct'on ' thiJhest
considerations may bo propeilv taken intc
account In weighing the evidence Is preju
dicially erroneous
No * 32J C1itlz"nb' Plate Bank agalnsl
Ha > nes Appeal from Douglas county. Re-
verged Pi'nn C
After setting nsldo a decree/ under tl. <
pr iion of V'-tlon 82 Cofte. of Plvll Pro.
cedure , upon the application of a non
nttuent defendant served with notice 01
the pendencv of the action by publlc < it'oi
alone , hold , enoneous upon further pro
ceedings to net aside- title acquired by it
purchase under the provisions of said de-
'crcii while In force especially as the bonn
tides of such purchase were not questioner
bv any plcad'ng '
No s 7 Nellson against .T"nsen Krroi
from Dawes countv Reversed Rasan , r
1 Evidence examined and hold not to sus
tain the verdict of the juiy
2 In n .suit foi libel vxhcie the detente
I * the truth of the matter published the
defendant to exonerate himself must es-
tabllRh the tiuth of each llbelouH charge
mad and .mbl'shed
J ii publisher may not e\etnpt h.nuolt
from liability for libeling another nlmplv
by showing that the charge published wan
true , but must go further and show that
the publication wan made under such cir
cumstances as Just'fy the conclusion th it
ho acted with irood motives and for justlll-
i able ends. Section 5 , article I , of the con
stitution
No. 8053 Johnson against Duitclt. Hrior
from Saunder county. Ragan , C Af
firmed Norval. J. , dissenting.
1. The judgment of n court suotaln og an
Attachment does not settle the status of
the attached property ; that IE , It does not
determine whether or not It was exempt
from seizure on attachment.
I. * he exemption provided for by n-ctlon
HI. of the cod or flvll Proccduri wan
Intended bv the k-lslaturc to bo an ex
emption In addition to the propertj * t
clflcally exempted to the. debtor by section .
KM of nalil code I
3. An officer sued by a creditor for reI I
Icaslntf the property of his debtor ivhlch .
had been celzed on attachment miv "uc- |
ceasfullv deftnd hlm elf bv showing thai
the property was as a matter of la if spe
cifically exempt from seizure.
4. No stitiitp exists requiring or author
izing the officer to have such nropf-rty ap
praised before releasing It to the debtor
1 no appraisal which section 622 of the
cede requires to bo made of inonerty
seized on Judicial process and claimed by
the debtor to be exempt Ins no reference
whatever to property spc-clllcally exempted
bv section 63a of the code ,
No 10273. I'lxar against Plate .Irror
fr 'Ti Oa-ro counlv Affirmed Irvine. C
An application fet a llcen a to sell liquor
cunnot oe acted upon until nt least two
weeks' notice has been given In the- manner
sppclllcd by statute. Action can onlx be
taken after the expiration of two weeks.
piil conxecitienMv action on the fourteenth
dav after the first publication of notice Is
liii'piaturo i
2 .Notice of the appllc-U'on In compliance
with the t itute , Is csstntlal to confer
1- r | rt r-iion on the board to which the ap
plication Is nddrescd , and n license I"-
nuiei without such notice Is void and ma >
be collalernllv attucked
1 In a criminal cuHfIf defendant on the
trial stlptilato that certain facts exist thu
court mny properlj assume those facts as
established and Instruct the Jury an to their
Icsal effect.
4 , If the defendant solemnly nclmttit facts
establishing his guilt he Is not entitled to
have the Juiy pass on the Issue of his
iictuil Intent to v'olate the low Ignoran-
No S341 Henderson against Keutzer Ap
peal from Adams countv Alllrmcd Ir
vine , C
The facts from which an e toppel In pals
pr s to be avail ible us such , must be
pleaded , at leist where there Is nn oppor
tunity to so plead.
No. 101B3 Westein Union Telegraph Com
pany against Be al = Krror from Brown
county. Afflimed Ragan , C
1 A telegraph company Is liable for all
lamagcs unstained by reason of Its failure
o correctly transmit and dellvr a message
'celvcd by It notwithstanding an agne-
n nt printed on Its blanks to the conlrarv
-'ectlon 12 , chapter lx\xl\a , Compiled
Statutes.
2 A mes'age was delivered to a t le-
grnph company which lead : "Attach prop-
city of A for $720" The mc ago ns deliv
ered read. "Hven hundred ninety dollars"
: leld , that the r clplent of the message was
not guilty of negligence In Interpreting the
amnunt one hundred nlnetv dollars
No 8143 Albers acalnst Cltv ot Omaha
Appeal from Douglas county Dlsmlss'd
Norvnl. J
1 This court Is without jtnlwdlctlon to
hear a c'ise on npneal unless the tinns-
crlpt of the record Is filed here within six
months after the rendition of th Judgment
or final older sought to be revhwed
No S32S Conner acalnst Bcckfr. nrror
from Douglas county Reversed , llairl-
son , C. J
1 An iirtlon on n check bv the holder
agaln t the maker after demand of the
dmwee nnd non-navm nt. Is a suit on a
tvrltton instrument within the meanlncr ol
'cctlon 10 of tbe Code of Civil I'loceduic
and the limitation Is five years
2 Held thnt there were qu Htlons of fact
which should have been submitted to the
jury , and a peremptoiy Instruction of a
verdict was erroneous
> < t Ilnonuli to I'ny Out.
PROVIDENCI3 , R. I. Nov. 1. John II
Mason & Sons , cotton goods manufacturers
have filed a voluntary petition In bonk
ruptey. The petition shows that the flrm'f
liabilities omoi'nt to $810 000 and the assets
to about $300,000 , $120,000 being In rea
estate and personal property and $130,000 li
accounts. The partners have also fllec
individual petitions n bankruptcy , nugcn
W. Mason's liabilities are $330,000 and hi
assets arc estimated to be a little eve
$100,000. John H. Mason lias llabllltlp
amounting to $180,000 and assets cstltnater
at about $110.000.
TODAY'S WEATHER FORECAST
I'nlr , Warmer In Central tuid Went-
cm I'ortloiiM ofelirnnKu ;
Viirlnlilc Wlndx ,
WASHINGTON , Nov. 1. Forecast fo
Wednesday :
Tor Nebraska Fair ; warmer In centra
and estern portions ; variable winds.
For Missouri Fair ; colder in Bouthen
and eastern portions ; west \\lnds.
For South Dakota Fair ; warmer ; aout
winds.
For Kansas Fair ; cooler in extreme east
ern , warmer In west portion ; variable winds
For Wjomlng Partly cloudy ; warmer
southwest winds.
For loxva Fair ; west winds.
Local Hceiird.
OFFICE OF THE WEATHER BURKAIT
OM-MIA , Nov. 1 Omaha iccord of tern
perature and rainfall compared witn cor
responding day of the last three vcars :
1S9S 1S97. 18 % 1 33
Maximum tempf-raturo . . r > 5 41 65 k
Minimum temperature . . . 51 , ii >
Average temperature . . 53 o7 40 )
Ri ntall 00 T ,00 .0
Record of temperature and preclpitatloi
at Omaha for this day and since March 1
160S.
Normal for the day \
Excess for the day
Accumulated excess since March 1 . . 25
Normal rainfall foi the day. . . . 05 Inc
Deficiency for the dav 05 Inc
Total rainfall since March 1 . 25 04 Inche
Deficiency since March 1 T 15 Inche
Deficiency corresp'g period 1S37 lO&JInclu
Excess eorresp'g period 1806. . . IBGlnehe
lie-port * from MntloiiM nt S i > . in.
Omaha , clear . , . . .
North Platte. clear j
46 | , U3 , '
Salt Lake , rlcni 4l l 4SI . (
Chevarne , cleni 35 50' ' .0
Rapid City , clear 121 5Z1
Huron , clear Mij
Wllllston , clear
Chicago , clear 60 | , ( Ji
St. IxmlH , clear 12 ( .S M
St. Paul , rli.ar i W .01
Divenport. clear .50 00
Hcltna , cloudy 40 4S
Kansas Cit > . clonr . " _ .
Havre , cloudy , 41) ! M no
Il'smarck ' , rlenr . t'i 4i > .mi
Oalveston , clear . . ' Oi | 7o , CO
"T Indicates trace or nreciplt i ion
L A WULSII.
Local roreuist oniclal.
HEART DISEASE.
OMI : VCTS nno VHUINC. THU n VIMII
hi : or HI\HT TIIOI ni.ns.
Ill ) > ot Ur Vlnrnied , IJut Look for tin
Cnu o.
Heart troubles , at least among Amei leans ,
ore certainly Increasing and while this may
be largely due to the excitement and worry
of American business life. It Is more often
t the result of weak stomachs , of poor diges
tion.
tion.Real
Real , organic heart disease Is Incurable ,
but not one case In a hundred of heari
trouble IB organic.
The close relation between hos-t trouble
anJ poor dlsestlon it because both organs
| are controlled by branches of the same grea
nerves , the Sympathetic and Pnouhogaatrlc
In another way , also the heart U affrctcc
by that form of poor digestion , which cause *
Kas and fermentation from half digcstc
food ; there is a feeling of oppression am
, heaviness in the. chest caused by prrssun
' of the OUtendeJ stomach on the heart tine
lungs , Interfering with their action , hcnci
arises palpitation nnd short breath.
Poor digestion also poisons the blood
makes It .thin and watery , which irritates
and weakens the heart
The most sensible treatment for heart
trouble IB to improve the digestion and to
Insure thu prompt assimilation of food
Tills can best be done by the regular uao
after meals of some safe , pleasant and < f-
feotlvt- digestive preparation , No Stuirfh
! Dyspepsia Tablets , which may be found at
i most dru ? stores and which contain vul-
I uablo. harmless digestive elements In a
pleasant , convenient form.
It Is ttafo to say that the ( regular , persis
tent use of Stuart's Dyspepsia Tablets at
meal times will cure any form of htomach
trouble except cancer of the stomach.
rull sized package of the table-Is sold by
druggists at 10 cents.
Little book on stomach trouble * mailed
free. Address Stuart Co. . Marshall. Mich.
SPAULDING & Co. ,
PAHIS : Goldsmiths , Silversmiths CHICAGO :
3-3 Ave cle 1 Opera. HlJlVelCl'S. ( ) . JackfOiUllVd cor Stutc 8t ,
Ail establishment where quality is the
first consideration ; where prices arc
based upon a fair and reasonable ad
vance above the cost of manufacture
or of import value and are alike to one
and all.
Pond for our now "Suggestion Hook , " mulled ftco.
Spaulding & Co. , Jackson Blvd. cor. State St. Chicago.
COMBINED TREATMENT
-OF THE GREAT CURATIVE PO
1308 Farnam St. , Omaha , Neb.
Wo refer to the Best Banks , Business Men and Merchants in the city
WHEN ALL OTHEBS FAIL
Remember the wonderfully successful specialists nnd treatment of this Institute com
bine 'he two createst factors ot the healing art known to the mtd cat profcs lon
ELECTHICITY and MEDICINE It U the largest , most thorounhly aud completely
equipped Institute , both electrically nnd medically , ever established In the West
for the treatment anS absolute euro of all nervous , chronic nnd private dlseaies el
MEN and WOMEN Honorible and fair deallnc accorded to nil
1MSE DOCTORS GM GORE 00.
SPECIALISTS for DISEASES of MEN
SPECIALISTS for DISEASES of WOMEN
The great electrical nnd medical specialists of this Institute ore far the best , most
successful and scientific the world has ever known , all ol whom are graduates
of the best medical colleges In the world , each havlni ; had long and suc
cessful practice in his spec ally , and are achlevliiK results in cuilng the Mok
and suffering by their combined Electro-Medical tiea'ment , which would be Im-
ponilblo 'o secuie by either electrical or medical treatment alone The State Electro-
Medical Institute IB the ONLY PLACE wncte you can obtain the benefits of this
NUCccsufuI treatment under the most skillful and 'iarn .l spf allsls UK ASSUHED
.Ithat If nny power on earth can cure you these doctors cin They have effected com
plete and permanent cures Rftcr all othets had failed Some doctors fall bocau of
treating the wror-g disease , others from not knowing the right treatment.
HERE
AND FAMES ,
A perfect cure guaranteed In all c-asea accepted Our special combined ELEC
TRO-MEDICAL TU1CATMENT for NERVOUS DEBILITY n-vir failu. YOUNG , MID
DLE-AGED AND OLD MEN Lost Manhood. Th nvvful eflectn of indlxcretlons m
youth , self-pollution or excesses in after life , and the effects ot neglected or Improper
ly ticated cases , producing lack of vitality , SEXUAL WEAKNKbfi , undeveloped ,01
shrunken parts , pan In back , loins or kidneys , chest palnB , nervousness , sleepless
ness , weakness of body and brain , dizziness , faillns memory , lack of energy and
confidence , despondency , evil forebodings , timidity and other dUtressInc symptoms ,
unfitting one for business , study , pleasure and enjoyment of life Such cases , if
neelectec ! , almost alwavn lead to premature drcav and death ,
RUPTURE VARICOCELE IIYDROCMLB , SWELLINGS , TENDERNESS. DIS-
CHAUGES STRICTURES , KIDNEY AND URINARY DISEASES. SMALL.VEAIC
AND SHRUNKEN PARTS. ALL BLOOD. 8KIN AND PRIVATE DISEASES , abso
lutely cured by this treatment , after all other meant have , failed.
DISEASES OF vWOMEN.
The combined Electro-Medical Treatment of the State Electro-Medical InstltuU
In espe-lallv effective In th * cureof all female complaints , falling 01 displacement of
the vromb Inllamr/mtlon or ulceration , bloat In jr. haadachea , spinal weakness , dla-
charree , bladder and UUney troubles.
OPEN Dally , from 8 a. m. to 8 p. m. Sundays 10 to 1 p. m.
WIUTD IP YOt CANNOT CALL All Correspondence In IMalu
Coiillilcntlnl.
State Electro-Medical Institute ,
1SIIK I'\II\13I ST. . OMAII * . Mi.n.
1/H1-1G-18 / Douglas St.
October Sale
FumHure Bargains
Geolinusd.
Many Omaha people have been
too bnVy to buy furniture. For
their advantage wo will continue
our special October wile all this
week onyx btands , gold plated
brass stand with onyx top and Bhelf
will not tarnish $7.50.
Other onyx stands , now lots jubt
in , 83.7.r ) , $ t 50 , § 6.00 , § 7.50 , $8.00 ,
§ 9.50 and § 10.00.
Adlu-itnblp Morris Chnlr upholster
ed In veloui mahogany llnlsh A
October Mile price . . . J * "
The f i mint alone Is worth the price wo
ask for chair upholbtered.
C-foot Extension Table T nn
In oak . J yu
Cane Scat Dlnlns Chairs -Jf\r \
"u
at . . '
Sideboards a few Hpeeluls J3 25 , 11 CO ,
M1.50. $1375. JlStXt , $2300.
Oak Tabl ? ! < . SMnch top with shtlf
Sale price .
Small pallor Miimt , Ifi-lnch pattern top
riunitcred oal ; and muhoenny ' / itr
polished . ' °
3-pIeco Parlor Suit ( divan , arm choir , por-
lor chulr ) Inluld back , upholstered i'/ i.lt
In damaak , sale price . J
3-pieco Chamber h'ult for O < tobei sale-
solid oak nnd Mich .polish finished , mat
hand curving swell top trimmed with
ittht IHIIHH pulls large L''ix'iO beveled glasi
A eentllo and artistic bed
suit either wood sale price
Odd Dressers to uo with
Iron Be < J- < J.5 < ) .
- - -
r-r-- 8.00. ! ) .50 , U. .
112.50 , 14.00 , 17.50 , 111.01) ) . 2'2.00 '
und up.
Woven vvlte Bed BprliiEs J QQ ,
Wool Top Mattresses I nn
' "
I'lllovvn- I lift
per pair " "
Cot wovoa vvlro top 1 nn