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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 14, 1898)
B lli mm * f\-\r ATT A T\ATT.-V TVT'THWE'CIT - - ' * A v -n'n-ir'\iT ' * CITJ -i ono WADLEY TEUS HIS STORY Ffrtt WitneM for Defenie in Eipotition OonUmpt Case. CROSS-EXAMINATION RANGES WIDELY < tnentloa * Coyer Ncnrly the Whole * * * * * * | Shotr and Pre siding Judge Shown III * Dl * position to Dlnclpllue. The cross-examination of 8. B. Wadley , the superintendent of concessions , was fin ished by noon in the exposition case before Judge Scott. All sorts of questions were propounded by Mahoney , some of them so framed as to trap the witness If possible. Because the witness was too wary , Mahoney - honey was much chagrined and made a great do about Mr. Wadley not answering his questions. They had reference to every con ceivable .thing connected with the exposi tion and the Felder matter. The court did not confine the examination to the case , but allowed Mahoney to use up almost two hours in discussing the relations between Felder and the exposition management over the Moorish Village concession. There was some catch questioning as to the character of the dances given by the Oriental Exhibition company. It was shown how that concern had transcended the terms of the agreement with the exposition In many ways and its Turanian tendencies had to be curbed to some extent. r The court grew rather impatient shortly after the case was resumed for the day. He said he had become tired of the witnesses "prevaricating answers" and that he would not stand as much as the day before. He also accused Carroll Montgomery of nodding at the witness and coaching him In that way. , Mr. Montgomery arose and denied that ha had done anything of the kind. Mr. Wad- ley also told the Judge he would bo willing to state on oath that he had not observed Mrr Montgomery nodding at him or making indications to him In any way as to how he should answer the Interrogations of Ma honey. Judge Scott shut Wadley off ab ruptly with the remark that Wadley was "Itching for the Jail. " This was equivalent to a threat to send the witness to Jail for some reason not mode plain. The Judge Immediately sent after Deputy Sheriff Stryker , who appeared and remained In the court room for a little while until the attorneys began to flounder In the depths of the Moorish Village agreement and then Stryker took an opportunity to escape and left. need and Wattle * TeUfy. Manager A. L. Reed of the Department of Concessions and President Ourdon W. Wattles were put on the stand during the afternoon. Their testimony disproved the statements made as to their having will fully disregarded Judge Scott's Injunctions. Mr. Reed said he was away on July 16 and the only knowledge he had of the Injunc tion issued about that time was through reading of it In a newspaper. Mr. Mahoney pressed him on this point of his knowledge , but Mr. Reed said he had not been served with any writ and did not know that he was personally Included In It. The examination see-sawed a great deal over the default by the Oriental Exhibition company of Its contract , the court sustain ing all of Mr. Mahoney's objections to Mr. Hall's questions and then on cross-examina tions overruling about all of Mr. Hall's ob jections. The Judge ruled that It did not matter whether the bond was executed or not , after It had not been Insisted upon at the time the contract was signed , the Bonet contract stood good. Mr. Hall contended that Inasmuch as the * contract was wlth- " ji.hel by.thB.exposltion.jnanfgjment from 'de- " jlvery i5nlllttbe bond was executed the exe- cutlon of the bond was a part of the agree- rment even though the Streets of Cairo people ple bad put up a deposit of $1,000 earnest money. The court would not let Mr. Hall go Into conversations had with Akoun and Zltoun last year as to their chance for getting a concession. In those conversations Akoun , Zltoun and the others Interested in the Streets of All Nations had made repre sentations to the effect that the Streets of Cairo people would not be able to carry out their contract and In that event they wanted a concession. Such conversations had been testified to by Akoun and Zttoun on their examination for the prosecution 'and Mr. Hall wanted to show that the talk had all occurred prior to the rime given by them and that the reason for those negotia tions was the default of bond on the part of the Cairo concessionaires. Mr. Reed did manage to say that there was some talk about this with Akoun and Zltoun in April and May , but be had never told Zltoun to go east and get a corner on camels and oriental players. An offer to show that on and after June 1 the Cairo people were not complying with the terms of their contract was ruled out. A statement by Mr. Reed that he had not told Zltoun to settle with \ the Oriental Exhibition company , although he favored such a settlement , was also ruled ' out. He had never told Zltoun not to b'e afraid , but to go ahead despite the in junction. v On Cro-Ex mln tlon. When Mr. Mahoney cross-examined be went over the > old story of the Moorish vil lage matter again. He frankly got around to the case In band and Mr. Re ed was . enabled'to testify that he bad said the ex position would not be liable If the grant to the Streets of All Nations failed ; It had not particularly obligated .Itself In the camel grant to Akoun. It waa Akoun , and not the witness , who In the presence of Jay Duma advised silence on the All Nations contract and the camel feature. The court took a hand himself in the In terrogation and it was then that Mr. Reed aid he had been absent from the city when . the Judge issued hi * Injunction , his only . means of knowledge of It being by Intui tion and a newspaper article. He admitted that there were camels and donkeys at the Streets of All Nations and bo had Been some dancing on the stage. Judge Scott asked why be did not go upon his return to the Try them til every Tom , Dick and Harry's sarsaparilla. Then try Auer's "the leader of them all. ' city and t ll the All Nations people to clone up. This question the witness said be could not answer. Mr. Halt said he would ask formal objections to the questions ot the court to be put In the record. Mr. Mahoney then w nt over the same ground the court had already covered. Early in his answers Mr. Reed said he had never'advised Zltoun and Akoun to dis obey cither the restraining order or the In junction and to run in defiance of the courts. Ourdon W. Wattles , the president of the exposition , when called to the stand , denied that he had over bad any con\ersntlon di rectly with Zltoun whatever ; had never told blm to disobey Judge Scott's Injunc tion ; had never talked with him at all on that subject. At the tlmo of the visit ot tbo bankers to the exposition on their return home from their Denver meeting be had not told ZUoun to put on the dance du ven- tro for their entertainment. Frank Hamilton ot tbo local committee was with them and Mr. Hamilton had asked Akoun to put on a performance for the party , but "no strong show" was given , no dance du ventre and no coucbe couchc dance. Aked Wattle * for Advice. He was given an opportunity to tell about the meeting with Benyakar and Zltoun In his ofllco in the Administration building In October. Benyakar acted as the Interpreter on that occasion at times for Zltoun. After some very flattering expressions of their confidence In Mr. Wattles , Benyakar asked what he would advise them to do. He told him the matter was entirely In the Conces sions department and he couldn't advise them. If ho bad any advice at all It was to have them get together and settle their dif ferences with the Cairo people. Benyakar wanted to know It bo would see Mr. Hayden or somebody connected with the Cairo ex hibit. The next day Benyakar Inquired If he hod seen Mr. Hayden and ho told him he had not had time. The conversation with R. H. Olmsted In the ' Old Plantation matter was also re- late'd. He had simply said the difficulty waa being considered by the executive commlt- He bad never told Akoun to go ahead In spite of any Injunction. i The court would not permit blm to testify as to the condition of the Streets of Cairo prior to the Hayden'conversation. It wo * recalled that Mr. Hayden had stated sub- stantlally that Mr. Wattles had said he did not care for any action of Judge Scott. The court seemed anxious to pin the witness down to either an admission that he had made such a remark to Mr. Hayden or to a flat ' contradiction. Mr. Wattles then gave tbo'substance ot his talk with Mr. Hayden. It amounted to a protest on hla part against the state of affairs in the Cairo at traction , Mr. Hayden having been financially Interested in the Cairo exhibition. On the particular point of his references to Judge Scott Mr. Wattles explained : "Mr. Hayden said certain phases of the controversy had been settled by Judge Scott. I told him If wo took up the matter we would take up the entire controversy ; that It could not be set tled upon Judge Scott' * decision of certain phases of It. " This waa all the allusion made to Judge Scott The conversation occurred In the former part of July. There were other ef fort * at a compromise. Mr. Wattles denied that ho had ever said contemptuously of Judge Scott's action that it would not be considered. All he had said was that the exposition management would not discuss that part of the controversy , for If It 'had ' lo bo arbitrated the whole matter would have to bo settled and not only those features ot it decided by Judge Scott. He had never said the exposition would not obey any Injuao- tlon. All he had said was that the exposi tion would not tolerate the manner in which the Streets of Cairo attraction wag being conducted. ATTACHMENT FOR CHIEF WHITE. Judge. , ' Scott Will Have h0 Head of the' Police Force Before Him. Judge Scott Issued an attachment fast night for Chief of Police Martin White and Jailer Cook for failure to respond to service In the case wherein a writ of habeas corpu s is asked for Annie Brown. Their hearing Is set for this morning at 9 o'clock. . Several days ago Annie Brown was ar rested with two other colored women on sus picion of having robbed a stranger named ' Mitchell of his summer's savings. She was not tried and yesterday was released from custody , as no complaint had been filed against her. In the meantime , however , her attorney had filed a request for a writ ot habeas corpus on the ground that the woman was restrained lltegally , no complaint hav ing been died and no warrant Issued. Judge Scott ordered the police to bring the woman Into court last evening at 7 o'clock. This notice was served at 2 o'clock. The woman was relased from jail about noon. Deputy County Attorney Herring re sponded to the order to produce the woman by setting forth that she waa not In the cus tody of the defendants and they had no right to rcarrest her and bring her Into court. Judge Scott held that Mr. Herring was not concerned In the case and there fore could not make a return. Neither Chl . ' White nor Jailor Cook was prevent , although the woman came of her own volition. The Judge Issued an attachment for them and continued the hearing until today. Judge Slabaugh released Estella Myers yesterday afternoon on a writ of habeas corpus. She waa bound over during the day on a charge of stealing a sum of money from a man , but Immediately after she wa * balled out ehe was arrested on a similar charge a month old. Judge Slabaugh held that , while the police are to be allowed a reasonable time In which to file a complaint against a person charged with an offense , a month Is considerably more than a reasonable time. The costs were taxed against Chief Martin White. Eleven Year * for Sullivan. Judge Slabaugh has dented the motion fern n new trial In the murder case of Thomas Sullivan. Sullivan was convicted of murder In the scecond degree for the shooting and killing of his friend , Thomas Klrkland , under the Tenth street viaduct In May last. He ba all along contended that ho shot Ktrkland by mistake , as he really supposed ho was shooting at a negro whom he believed had thrown a brick or stone at him and of whom be was In fear. His attorneys argued that there had been no evidence to show that Klrkland had come to his death from a gunshot wound. Judge Slabaugh considered the evidence on this point sufficient. A sentence of eleven year * was Imposed upon the convicted man. Ten years Is the minimum penalty for murder In the second degree and a life sentence 4he maximum. Finding Fleck Gnlltr. Of the dozen or more garbage cases against Warren M. Fleck , two have been tried in Judge Keysor's court and In each the jury brought In a verdict against blm. Fleck was accused of hauling garbage In violation of ordinance 4462 and fines In each ; case were Imposed upon him by Police Judge Gordon. From these Fleck appealed to the district court. * All the other case have been continued so as to enable his attorney to prepare an appeal to the supreme court. Meanwhile Fleck has promised to regard the ordinance until the matter Is finally disposed of. The constitutionality of the ordinance is to be attacked. r McConnrll Ge < * HI * Mttorty. } The release ot McConnell , the ticket broker , * accused of ticket forgery , was ordered yesterday - terday by Judge Scott. The court held that there had been no evidence on the prelimi nary examination before County Judge Bax ter to justify holding him ; that all the evi dence showed wa * that the name of T. W. Lee , the joint agent of the Western Passen ger association , had been stamped upon the tleket wltk a rubber stamp , which might have been used by a great many persons , and forgery could aot be proved. He also stated that a railroad ticket btcame the property of the purchaser and he had the right to do with It a * he pleased. BRAKBMAN JIAUB HIM GET OFF. Da * ! * of Angelo Petrettn' * Salt Aifilnut the Union Pacific. A rather extraordinary damage suit waa commenced In the district court yesterday against the Union Pacific. The plaintiff Is Angela Petrotta , a laborer , and he ask * for * 15,000. Ills story , as stated { a the petition filed , Is that In September last he happened to bo without enough money to buy a railroad ticket at sorno station west ot Omaha , the name of which ho has forgotten , and , wantIng - Ing a ride to thi * city , be paid a brakeman 50 cents for the privilege of riding on a freight car. Afterwards the brakeraon demanded $1 further from htm. He did not respond with the cash and the brakeman told him to get off iho train. He was then seated on the top of a box car. Ho started to go down the ladder , but the train was going at a high rate of speed he was afraid and begged the brakeman to elackon up. The brakeman retorted by tellIng - Ing him peremptorily again to get off. So he started down the ladder again , repeating his request to the company' * employe to slacken up. Hla fear prevented him from Jumping from the car voluntarily , whereupon - upon , so lie alleges , ithe brakeman clubbed him off. He fell under the wheels and his rlgftt arm was mangled and had to bo am- putated. Daak Aarcrer * the State. The answer in the suit of the state against the Omaha National bank to recover the $201,000 paid on State Treasurer Hartley's check was filed with the clerk of the dis trict court yesterday afternoon. The trial of the case Is set for next Monday. It Is on Judge Baker's docket. The answer admits that on January 2 , 1897 , the sum of $201,884.05 was drawn out of his regular account with the bank by Bartley on a check payable to President J. H. Mlllard of the bank to pay the state warrant for $180,101.76 held by the Cheml- cal National bank of New York , but it makes the claim that the check waa made payable to Mr. Mlllard simply as an agent for a third party In the ordinary course of business and that neither Mr. Mlllard nor the bank was pecuniarily benefited In any \vny. Bartley had endorsed the warrant na having been presented for payment April 10 , 1895 , but not paid for want of funds. Its registered number was 27932. It had been soldi to the Cliemlcal National bank. A promise to make a showing that the staU la estopped under the law from any claim agadnst the bank concludes th * docu ment. Lamp Injunction Bolt. In th * Injuctton case of the Rlley-Hubbard company against the Automatic Oas Lamp company and others , brought to prevent tha disposal of territory claimed by the plaintiff under contract for the eale of a nnwly Invented . vented street light , a cross petition was filed by the defendants yesterday. The 'Rlley-Hubbard company claims that It has a contract with the defendants for the exclusive right to the territory covered by the United States and Canada. On the other hand , the defendants eet up that while there have been negotiations looking toward such a contract , none has been really made , and that the plaintiff has defaulted in the execution of a $5,000 bond. Though no time was set In the temporary Injunction granted , It Is expected th mat ter will come up for a hearing today , ft it can be reached. Deal la Hay Corn. A case Involving a deal In futures Is on trial before a Jury In Judge Baker'a court on appeal from the county court. It Is 'the ' " ' suit'of "thoVflehre'lner-Fleck Grain company of St. Louts , through Its agent , C. W. Cock- rell , against Joseph A. Connor to recover $650 on a purchas * of fifty cars of No. 2 white corn , bought In February last for de livery In May. Connor contended in the lower court that the contract was void because unlawful , and the same.defence that it was a gambling 'operation Is now made. Connor paid about $1,000 and offered to pay a still further sum If be was released from the contract. The county court gave the plaintiff a Judg ment for $650 , from which Connor took an appeal. Jnt to Clear the Docket. Speaking of the large number of appealed misdemeanor coses from the police court which have been dismissed on his motion by Judge Key so r , iClty Prosecutor Miller said yesterday : "I could not do otherwise than move their dismissal. I had only about a day in which to try to find my witnesses and the accused parties and many of the defendants had al ready left town , some having been run out of town by the police. As I had no partlcu- lar desire to prosecute their bondsmen I concluded , to have their cases dismissed and clear the docket. " More Minor Criminal Cae * . Some more criminal cae * appealed from the police court were dismissed by Judge Keysor yesterday on motion of the city prosecutor for Inability to press them. They were as follows : J. P , Carroll , petty lar ceny : Thomas Durkln , electrician without a license ; Thomas McElroy and James Hannl- gan , peddling without a license ; Lawrence Howe , assault ; John W. Bobbins , operating a steam boiler without a license ; Maria and Angelina Caprlllo , assault and battery ; Charles Moore , disturbing the peace ; Dan Hogan , assault ; Ella Kalop and Mamie Cor rlgan , vagrancy. Court Note * . The John Boescn 15.000 damage suit a against the Omaha Brewing association and John Buck over a salocc at Sixteenth and William streets has been dlsmlsted by Judge Dickinson on plaintiff's own motion without ) prejudice. Judge Fawcett has ordered W. A. Cum mlngs to appear and show cause why he should not be punished for contempt for failure to pay $12 a month alimony to Flora R. Cummlngs , from whom he was divorced In March last. The decree ordered this amount to bo paid and It Is charged thai Cummlngs has ignored the alimony provision Motions for new trials have been filed in the cases of Madeline Nichols against Thomas Murray , Mrs. Martha Oxford against James B. Rail and the American National Bank against Henry P. Stoddard. The bank obtained a judgment amounting to $2,283 against Stoddard ; the jury In the Nichols against Murray case gave the girl the $500 she asked for and In the Oxford-Rail case the verdict was In favor ot the defendant , though his damages were placed at 1 cent. In a suit broght by Mrs. Mary E. Gils- worth of Hall county against the Union Pa cific for $5,000 damages for the death of her husband , John H. Ellsworth , a freight brakeman , In August last , the railroad has confessed judgment for $550. Merchant * ' Dean Club Notice. hi A new rule has been adopted that no per- von ' can deposit more than three coupons with any one merchant on the same day. HU-CAN ? HU-CANT HIT-CAN ? HU-CAN ? Reduce * Price of Stamped Envelope * , On the first ot the year tie re will be a reduction In the orlce of stamped envelopes This reduction , however , will not apply to wrappers and ungummed envelope * . , The reduction , upon the various grades and quali ties ' will range from 20 cents to $1.20 per 1,000. ' No more of the third grade of en velope * will be made , but In their stea < on will ba substituted a second quality or grade is DIED. COOKE-Samuel F. . December 13. 1898 , In hl S6th year. Funeral from his late rest dence , Kt Park avenue , thla ( Wednes day ) evenlnr , December II at 4 o'clock Remains to be taken to Rock Island , 111. tor interment. Friends Invited. HOLE MADE FOR ONE OF THEM _ Wltnewes Bnsj Swearing John McOcrty Out of Trouble , DEFENSE TAKES A PECULIAR TACK Uroirn Shoulder * All the'Blame and Bay * HI * Co-Defendant I * Not Qalltr of Any Connec tion irlth Coining. The testimony in the case of the United States against John McCarty and John Brown , charged wltn. counterfeiting silver coin and having the countertclt in their , possession , was concluded yesterday ana the arguments commenced , Assistant United States Attorney nusn concluding nls opeu- j Ing for the prosecution ana Attorney Hoover his for the defense , The remaining argu- ments in tbo case will be llmsnea tola morning - ing and It is probable that luo cuso will o to toe Jury oeioro tno noon recesx. At the morning session of the court , John McCarty went on the stand and was sub- ected . to a rigid cross-examination by As- z , Istant United States Attorney Rush. Mc- memory. He could remember things that were lo his own Interests , but pertaining to matters that were against him , ho could iot ) remember a thing. He was certain , : owover , that he never made any counter- ee' ' ' coin and was equally certain that he ever , gave any to Burk , the detective de- ailed to work up the case. One time , how- vcr , he carried $3 and gave it o Brown. The money was given In by Burk , but why It was placed n his custody he did not know ; In fact , ho IdUl not care and consequently he asked no uoBtlona. This was on a time when Burk met witness In South Omaha. McCarty admitted that he was aware that Irown was making counterfeit coin and was * ellverlng ' It to Burk. He also knew that ho counterfeit was being made upon bis iremlses , but as it was a matter that did ° iot | concern him ho asked no questions. Witness know that Brown had been con- Icted and had served a term In the penl- entlary for counterfeiting. Regarding his praco of residence , McCarty escribed it then and testified that he sup- losed that hla farm la In Nebraska and that If it has gone to tbo lena side of the river , Is not cognizant of the fact. However , lefore he bau concluded the answer , he took . its cue and then recalled his answer and : eclared that he Is a resident of Iowa , a jJiauge | n the channel of the river being re- ponslble for the possible presumption that he is in Nebraska. R. 1 H. Roberts , county surveyor in and for arpy county , produced " a map , showing that ome ten years "ago the channel of the Mla- 01a river was on the neet side ot the Mc- ! atty property. Ho did not know whether > r not McCarty lives In Iowa. His only in- ormatlon relative to the matter was derived torn his map. Charles Markeson and R. A. Forsytb , bis bartender , both testified that on day lost June Burk tried to pass a counterfeit coin at the Markeson saloon in South Omaha. They could not remember the date. They knew McCarty well and testified that he was a frequent visitor at the saloon. When here ihe always had good money and never offered a piece of counterfeit coin , to their cnowledge , at least. He * * Snen for Damage * . In the section of the UnltedStateacourtpre- slded'over by Judge Carland the case of Wai- tor 8. Hess against the Kerr Manufacturing company Is on trial ; ' Tbo plaintiff trues for 26,000 alleged damages. The plaintiff la the company that , constructed the gaa holders at Twentieth and .Center ; streets. Last Novem ber ties * was working In one of , these hold- ana allegesUhatrplank upon which he was. standing broke and that he was pre cipitated to tha ground , a distance of twenty- > wo feet. He says that he sustained serious njurles , consisting of a fractured skull and numerous bruises upon his body. For a cause of action he alteges that the plank upon which he was ntandtng was defective and that ita condition ought to have been cnown to the defendant. More Boptlego-er * . James Allan , deputy United States mar shal , has' returned from the Wlnnebago reservation , bringing In James Black , John lay and We-Haw-Ke , charged with selling and giving liquor to the Indians. Black and We-Haw-Ke have been Indicted. Cray had an examination before United States Com- ni'sfioner Sloan at Fender , and waived exam- nation. Being unable to give bonds , he has been brought to the county Jail. Deputy United State- Marshal Tracy of towa came in from Sallx Monday , bringing E. Beauchelm , who Is charged wl.h having sold and given liquor to the Indians of tbo Omaha and Wlnnebago reservations. Old. B. and Alice Johnson , osteopaths. Suite 615 , N. Y. Life BIdg. v kv tatim itr-ann < vllr- < BOY WHO HEADS THE LIST Richard Jame * Vincent f El Pee , Tor. , the Vuqnetloned Klna ; of Globe Trotter * . Four and one-half years ago Richard James Vincent Mt his home in El Paso , Tex. , and concluded to see some of the world. He has seen what he started out to see and is now In Omaha on his way home , which he expects to reach In time to eat Christmas turkey with hi * parents. When the lad started out on his tour he was but 12 years old , small In atature and dressed In knee panto and a waUt. Now he Is still small for a boy of his age. What he lacks In size he makes up for In experience and has a fund ot Information relative to foreign affairs that is simply Inexhaustible. Unlike moat of the grebe trotters , young Vincent Is not a bum , Is not traveling on a wager and is not under contract with any firm or concern to make the trip within a specified length of time. He is gathering information and after reaching his home and after he has rested he will publish lea book which will be profusely Illustrated and which will contain recollections of bis trip and the things that ho has seen. During the time Vincent baa been upon the road he has never accepted a gift , money or anything else to help him along other than passes from railroads and steamship companies. He has eaten and slept at first- class hotels and has paid for the same in advertising which be has inserted in a paper In Now York City , which he represents. The boy tells a wonderful story ot hla visits with potentates and notables from the queen empress down to a Cuban Iniurgent leader and winds up bis story with : "Remember that during all of these travels I have no received a cent , have not begged and have not rode bumpers or blind baggages. My clothes are furnished by a New York house that will publlcb my book and there you have It. " To prove the correctness of his tale , young Vtqcent has letters in his possession from 'F scores of the rulers of the countries of Eu rope and Asia. He has a letter from Gen : o eral Maceo and another from Fltzhugh Lee P While on his tour be carried a kodak and n has several hundred Views of Interesting subjects that he photographed. Olv" * the Day Chance. Peter Schaaf. who was accused of eran ( larceny by Frieda Lang * , was discharge ! motion of the county attorney. Schaa a Lincoln bov and waa represented In court br Police Judge Comstock of tha place. When Srhenf was arrested be had rcveral articles upon , his person which were identified as th property of Frieda Lange who reported the loss of a gold watch and several valuable rings recently. This Jew in elry was valued at 1177. Judge Comstock : urged the former txcellent reputation f the boy upon Mr. Herring and the court , a * he had known him n lone tlmo and said ho bellovcd that If clvrn an opportunity noth- 'Ing of the kind would ever occur again. Mr , HerrlnK believed In giving the boy a motion. chance J J , so < the case was dismissed on his * 'I ' EDRO MANCUSO ON TRIAL Italian Who I'neil flcUnnr * So Vigor ously IlelnK t ro rcutcd on Charge of Mnrder. The trial of Pedro Mancuso , accused of murdering Philip Costanzo , commenced yes- erday morning before Judge Gordon. 'Nick" Barbate waa the first witness to estlfy. His story was practically the same its that related at the trial of Charles Cos- anro last week. The trouble started In Ills louse , Pedro and Philip quarreling over a game of cards. Charles Coatanio came In and the witness ordered all out of his house o a\old Having trouble therein. He says he _ loscd the door and saw nothing of the quarrel. ' When ho went out after the shoot- jn' ho found Philip CosUnzo lying on th * ground dead. . On , cross-examination Judge Bowman . irought out the fact that a bullet hole was ound , In one of the walls of Barbato'a house. As the wall opposite It Is made of orrugatcd Iron the attorney general argued hat the shots wcro fired Inside the house. Barbate , however Insisted , that the men were outside and that the door was cloyed. Sam Marasca testified that when Philip 'ostnnzo ' and Mancuso got Into a quarrel he stepped between them , taking each by the boulder and ordering them to be quiet , ' 'hlllp Costanzo said to Pedro , "Put down oflr revolver and I'll put up my knife , " laving the latter unopened In his hand , .fancuso laid his revolver on the table and he witness picked It up and left the house. As ho know nothing of the trouble later ho was released from custody , having been In he city Jail ever since November 22. "Nick" Barbnto was held for future use. t Is assorted that there Is a law In Italy which makes the occupant of the house where a murder occurs responsible and ono attorney at least believes this may be hav- ng some Influence upon Barbato's testi mony. Pete ] Fazio , who lives next door to Bar bate , was called. He informed Mr. Her- Ing , who is conducting the'pro'secutlon , that he could not talk English. An Interpreter was asked for. A bright looking lad re sponded , , but he was found to be the de- 'endant's ' brother. Tony Calabria tendered his : services. Ho Is a nephew of the mur dered man. Although the court room was crowded it began to look as If an adjourn- nent would have to be taken because no Interpreter could bo found. Finally Rocco busman o came forward to act. No one know ilm , eo he was sworn , He had asked only a few question before. Calabria disagreed with his Interpretation and objected to his acting to the county attorney. A few ques- : Ions were asked which showed that the trouble was the two men come from differ ent Italian states. The court decided to jeep Cusnmno , however , as it was' evident is was honest. Fazio testified that ho had heard loud talking in Barbato's house on the night of the murder. He went over and rapped on the window to ask what was the trouble , but could get no response. He turned to 50 back and was almost to his house when 3o heard some shots fired. Ho returned to Barbato's and found Philip and Charley Costanzo on the ground , the former dead. Pedro Mercurio was standing near by , but he saw nothing of Pedro Mancuso. The door , to Barbato'a house was open and the witness saw Nick Inside. Fazio assisted Mercurio to carry the body in the house. Questioned concerning Sam Marasca's dls. appearance Fazio said that Marasca passed out of the house after he had rapped on the window , and was returning home. Later ho aald that twoor three -minutes elapsed between the time he looked in the ' -window and the shooting. The court will resume the hearing this morning at 9:30. : It Is asserted a witness will be placed on the stand who saw the shooting and can detail Just how it oc curred. BANK OFFICIALS ARRAIGNED President and Vice Preiildent of the FliVt National Bank of Indicted. Deputy United States Marshal Ackerman returned from the country yesterday and with him he brought C. A. and E. O. Rclm- ere , president and assistant cashier respect ively of the First National bank of.Nellgh , wRIoh closed its doors last July. The two men w ro indicted by the grand Jury that adjourned a week ago and were charged with violating the banking raws of the United States. . The indictment against the Reimcrs charges that between November 3 , 18$4 , and July S , 1898 , while officers and directors of the First National < /ank of Nellgh ; they ab stracted and appropriated to their own use sums of money aggregating $30,451 , the property of M. A. DcCamp and others , that had been placed there on deposit. Immediately after reaching the city the two Relmers were conducted before Judge Munger of the United ' States court 'and ar raigned. They pleaded not guilty to the crime , charged in the Indictment and upon giving . bond * In the Bum of $2BOO each the trial of the case was postponed until the January term , which will be heM in Lin coln. , _ Charles R. Allder , cashier of the bank , was Indicted jointly with the Relmere and a war rant for his arrest was In the possession of Deputy United States Marshal Ackerman , but when that officer reached Neflgb ho as certained that his man had disappeared. Whore he was located the ofllcer was unable to learn , It being reported that he has left the state. SURGICAL EXPERTS TO MEET Amoclatlou of GynccoloKUt * Gather * In Omnlia During the Holiday Week ( or Conniel. Between Christmas and New Year's the Western Surgical and Gynecological asso ciation will hold Its annual meeting In this city at the Paxton hotel. It will be held on Wednesday and Thursday , December 28 and 29. D. S. Falrchlld of Clinton , la. , Is presi dent of the association and George H. Sim mons of Lincoln Is secretary. The prelimi nary program has been sent out to members of the association and the final program will be Issued the latter part of'thls week Some of the noted physicians of the eae will attend the meeting and a banquet wll bo given on one evening while the phy sicians are here. The program Is a long one and embraces papers by many of the bes known surgeon * ) In the west. Among those selected from Nebraska are Dr. J , Rudls- Jlclnsky of Crete , Dr. C. C. Allison ot Omaha , Dr. Byron B. Davis of Omaha , Dr. John P. Lord of Omaha , Dr. Frank Leo Frlnk of Newman Grove , Dr. M. H. Everett ! ' ' ot of Lincoln , Dr. A. F' Jonas of Omaha , Dr. E H. P. Hamilton of Omaha , Dr. J. E. Sum mers , jr. , ot Omaha. The local committee to have charge of the entertainment of the visitors la composed of J. P. Lord , chairman ; J. E. Summers , jr. , A. F. Jonas , W. O. Henry. B. B. Davle , C. C. Allison , Ewlng Brown and H. P. Hamilton. ' Leuflnlntom Akrd to Attend. The senators and representatives-elect S. from Douglas county are < o be Invited to " attend the meeting of the city council charff ter revision committee In tbo city hall I by Thursday evening. They will thereby be u given an opportunity to learn what changes In the city charter the city officials , rcprebi sentatlve * of various bodies and citizens w generally desire. In I MAKES SICKJEOPLE WELL. Qlad Tidings for All who are Weak , Nervous and Run Down A Message of Hope to Delicate Women , Puny Children and Weak Hen. I Niw Way fo Tint Palt Chukt with thi Glow of Hialth -Hiw Lift far Waak Stomachs , Waak Narvas , Waak Kldnava. Wenkcr , paler , thlnnir , day by day , no appotlto or strength , no desire for work or recreation , nervous , peevish , ileoplcsa , sick of heart and sore of limb thfst ara thi conditions of counties * numbers of half sick men and women anxiously awaiting There Is no excuse for most people betnr ilck. There's a medicine that will care : h m. A medicine that got * right to the oot * of the causes of nearly all sickness. Phe name of this good medicine Is Dr. Dlx Tonic Tablstn. Ttiey put vitality Into weak bodies m k * people strong , qul t h * nerves , restsre ambltlcn , drive head ache < iway , glv * you an apptt ! , iweet- en tn * itomach and breath , and forever ' emov * the thousand and on * dtoltMBlng .11 * . , Dr. Dlx Tonic Tablets , flrnt of aJI , aid th * cldneva. Nest they purify th * blood , ret- In jj Into every big nnd lull * rein la th * body , driving all Impurities out of th * yt m. Finally they regulate th liver > erfectly , making U perform al its func- lens exactly as nature Intended. In doing h < * e three thing * , It remove * the cause of fRlPFORTHETWENTY-SECOND Regiment at Fort Crook Slated -tg'&o to Manila at Once. " NOT POPULAR AMONG THE OffiCERS nillet Appear * Much Like IlniiUhmcnt to Them What the Depart * ment Stan Ha * to Look Forward To. Officers at army headquarters In this city are absorbed in the reports from Washing ton that the Twelfth , Twentieth and Twenty- ' second infantry , all from the Department of the Missouri , are to be sent to the Philip pines. No orders have been received from the War department bearing upon. thcJpro- movement , but the officeri.accept tbo * newspaper dispatches asbelnj ; about cor rect. It is not belloved'hero that the order win contemplate sradlng these three regi ments by castcarn route. 'Only two trans ports are mentioned as being ready for use for tbo eastern trip , and It is expected that the Seventeenth and Fourth infantry will bo carried by them. It is thought the others will undoubtedly bo sent by the way ot Ban Francisco. Captain Huteheeon has had experience with the transport Mohican , as It was one of the ships used in carrying troops to Porto Rico , where the captain saw service , and he Is not favorably Impressed with the vessel , or rather with its captain. With this expe rience he has no desire to see troop * with which he has anything to do assigned to that vessel. Captain Baxter , chief quartermaster of the department , say * It would require from ihlr- ty-slx to forty-eight hours to get the troops at Fort Crook ready to move , provided they were otherwise ready to go. He woul < } have to advertise for bids from the railroad * for transportation , and thla would take tha time motioned. AN three regiments have been under orders for several weeks to prepare themselves for just such an assignment , and It is belUved that BO for as equipments go they are in good shape. Twenty-Second' * Condition. One army officer. In speaking of the Twen- iy-fecond regiment , said It was llttla better now than a regiment ot volunteers , for It was composed largely of recruits. Only about 200 of the seasoned men returned to the post after the Cuban campaign , and it has been filled up during the last few month * with raw recruits , who will require tome time before they can be put in condition expected ot the Ideal regular. He said the same was true of the Twentieth Infantry , While these men have been worked with faithfully by their officers. It cannot.be eald they are In good shape physically for such a campaign as Is proposed for them. Thi * same officer raid that when it becomes definitely known that the Twenty-second is i going to Manila recruits would com * in rapidly. He said if this Information had keen known when the Second Nebraska was mustered out no lee * than 200 member * of that regiment woufd have enlisted in the Twenty-second. Few of the officers attached to the Twenty- second are enraptured with the idea of going to the Philippines. If the Island * should be definitely annexed to this country these offiri cers believe their assignmentwill be a vlrn tual banishment. They think It will require | at least ten years of hard fighting , a repotCl ! tton of the old Indian wars , before the Island * coufd bo brought to a condition where th * natives would : recognize the authority of this government. It the Twenty-second shall b * moved It will doubtless mean a largo reassignment of officers. Nearly half of the commissioned officers are either away on sick leave or doing detached service in other parts of the country. Many ot these would probably quickly rejoin the regiment , while others could not do so. It Is doubted whether Colonel Harry Egbert would be In chape to undertake such a campaign , and seine of the other officers are In similar condition. Work for the Stuff. When these three regiments are taken aay It will loavc less than a full regiment of cavalry remaining In the Department of the Missouri. Captain Hutcbeson , Adjutant general of the department , says the depart ment officers woufd have plenty to do oven then , for they would have all the govern ment property to look after , and further than that , with new army legislation , be expects the officers will have their hands full build ing up new .commands and getting them In shape for service. Should the regular army bo Increased to 100,000 , as Is proposed by all of the bills now before congress , thai would I necessitate a whole lot ot work to be per formed by those left beWnd. Major W. H. Hamner , chief paymaster of this department. Is at Fort Crook , making the regular monthly payment ot the troops tliere. Ordnance Sergeant John Oorham , U. S. A. , has been relieved from duty In the Depart ment of Porto Rico , and 1 ordered to report to the commanding officer at Fort Rlley , Kan. Kan.Charles Charles Tletz of Omaha and O. H. Wilder Herman , Neb. , both members of Company , Third Nebraska vofunteera , who have been home on sick furloughs , called at head quarters Tuesday for transportation to take them back to their regiment. REV. H. A. no\AHOE. Trtlflr * to the Guod Qnaittlr * of Chamhrrlaln' * Couith Itcmeily. "On the 10th of December. 1897 , " says Rev. . A. Donaboe , Pastor M , K. Church ; South Pt. Pleasant , W. Va. , "I contracted ft severe rnld which was attended from the beginning . ' violent coughing. After resorting to a number of so-called 'specifics , ' usually kept the house , to no purpose , : purchased a bottle of Chamberlain's Cough Remedy , which acted Ilk * a charm. I raort cheerfully recommend it to the public.1 ; . nearly all the ills of men , women and children. If you art suffcrlii ? from axoc.nscs of any kind overwork , Intemperance , etc. If you tins tired mid don't know what In the world alls you If you ara dizzy , wenk nnd food IIM badly In the Rtomnch-lf you brlch , feel nervous , have hot and cola npells > ultrf > nattly your life In In danger , but Dr. Dlx Tonic Tablets will quickly put you on youp feet ftgnlii. No rtlftirenco whnt you think ; your aiBCAS nmy be no discretion whnt the doctors cnll It , Hil * medicine Is what you n d. Ten minute * after you take the first tablet you'll feel better. Dr. t * Tonlu Tablets are for sale by all druggist * at BO cents a box. FREE TO ALL Wa wort to Introduc * them to every reader of this paper , many of whom need such n remedy. For a limited tlmo the proprietor * , llnyew & Coon , S46 Hull Bulldlnv. Detroit , Mich. , will Bond & trial package free by mnll to all who will end th lr numo ami address ( enough to convince the most skeptical of their great merit. ) 8 nd at onoo and bo well and happ ? again. Tell your friends and nl hborl nbout this moat libarol offer. BLOOD POISON A SPECIALTY Primary , Secondary or Ttrtiafy BLOOD POISON permanently Cured in 15 to 35 Days. Tou can b * treaUd at home for sam * price under sam * guaranty. If you pr fr to come here w wfll contract to pay railroad fare and hotel bllla , and no chars ; * If w * fall to our * . IF TOU HAVE taken mercury , lodld * potash and * tH | have aches and pains , Mucous Patche * la nou'h. Sore Throat ) , Pimp * * , Cop per Colored Spots , Ulcer * on any part f the body. Hair or Eyebrow * fafllns ; out. It I * this secondary We tiuannteft to Gure W lollctt th * most obstinate ease * and challenge th * world for a cas * w * cannot cure. This disease ha * always ) baffled the skill of th * most * minnt physician * . K60.0CO capital behind our uncondi tional guaranty. Absolute proofs sent sealed on application. 100 page book Mat tr * * . Aadre * * COOK REMEDY CO. , 1401 Maoal Temple , Chioasr * . III. RE M E DVC'O ' * i WRRlf OTRBR8 FAT ? ; DOCTORS Bearles & 8earle . SPECIALISTS. aarante to core peedlly and rail * allr all NEItVOUH , CimONIC AHt > FRIVATB 4liene * of mrn and womea , WEAK MEN CTPHILIS BKXUALLT. cured for life. Nght | EmiMlon * , Lost Manhood , Hy- frocel * , Verlcocelv , Gonorrhea , Gleet , Syph ilis , Stricture , I'llci , Fistula and Rectal Vlcr * , Dlttbitcs. Briirht's Dlsaasa cured. CONSULTATION FREE. new method without pain or euttlnsr , ill on or addrtis with stamp , Tratmnl snail. snail.mm i SEMES. v ? , RHEUMATISM NEW ORLEANS , April 10 , 1897. DR. RADWAY & CO. ! I have been a sufferer from Rheumatism for mor than * ! x months. I could not ralso my hunds to my head or put my hanis behind me , or aven lukn oft my own shirt. 1 Before I hail HnUhed three-fourth | of a bottle of Rndway's Keady Rellsf I could use my arms au well as ever. You can * e why I have such great faith In your Roller. Yours truly. W. C. DAKBR. Enelneer at A. Montelone's Boot and 8no Factory , Julia Street. Radway's Ready Relief Is a nuro cur * for ( every Pain , pprains. Bruises , Pains in the Bock , Chest and Limbs. Taken Inwardly tHere In not n renudlnl oBont In the world that will euro Fever nnd Arue and all other mnlarloua. bilious Snd other fevers , aided by RADWAY'H 1'ILLS. * o quickly an RADWAY'S READY RELIBF. BADWAV & CO. , 65 I51m St. , New York. pun 111 inn in in t in j 1111 in MII 11 in i in i mil i M 11 IIM i mi : niim I fir * you Going east ? 1 If you ar ( noting for a rotnfortaMt ( rfp , surrounded \j g e nf t drlltfhtful M ntry , In r'l , { to > cw Yorlr , PtlU- | drlj * t-r Mfckbor * J < UQU ) , > ou taunci do trtUr than to i LEH'IGH VALLEY from Do ( Tito or Nli | r F1U eutwtrd , Tb * rtruU U through a rjiuo pf UNRIVALLED SCENERY locluJlnif tUtoric ll j . mountain bright * , rnihtnf rlrtri and plickl ItAtt. ThU ) lh. rout * * r tb * BLACK DIAMOND EXPRESS Ul tn hiiff.to nl JS w Y rk , lian Uomnt tntn la th wtffU. AH mrotijh Jy train i car'/ dialog can MEALS ill * CARTE. § For lUuitrtttd divrlpllrt bnel on thli r U , AT Itforma- g tloo M ioritiof fa-t , * tt. , * > eDd your adJrM , * ltb fair crou IntUiuj * . lot 1m * . H. JAC. < m. ! ' * * . Agmt , Nt York. < :11.1411 : HI 1111111 ! Ill M11111111 Mil III IJil U * BUY THE GENUINE SYRUP OF FIGS . . . MANUFAOTUHID BY. . . 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