HYGIENE FOR THE SCHOOLS
Beit Moani of Promoting the Health of
School Children.
GOOD VENTILATION A PRIME NECESSITY
Importance of Proper Lighting ( or
School Iloonm Kanltr Desk *
and Iotnres < I3iluca-
tlonnl Note * .
The school room has been aptly called the
nursery ot the nation , writes Henry Dwight
Chapln , M. D. , In the Independent. It Is
well to start here In any consideration of a
proper bygleno for children , as so many
hours must necessarily be spent In the
school house. The early years of life ore ,
physiologically considered , the most Im
portant ones we live. At this time the
human body may , with healthy surround
ings , bo Impressed with a lasting vigor ; or
foul air , Improper nourishment and over
training may sow tbo seeds of an early de
generation. With reference to the housing
of school children , a common mistake , es
pecially in the public schools , Is the massing
together of largo numbers under one roof.
This tnny at times be unavoidable In large
cities , but it Is never desirable. It Is dim-
cult to avoid unsanitary conditions when
1,000 or 2,000 children from all sorts and
conditions of homes are boused together In
one building. Several comparatively
mall school buildings will afford better hy-
glenlo protection to a given number of chil
dren than one large building oo& ervlQi the
ame endOne of the greatest problems ot
school hygiene Is to secure good ventila
tion. It Is impossible 'to ' attain a proper
physical and mental culture In the presence
of Impure air. A glance at some of the
etandards ot atmospheric purity may be in
teresting In this connection. While many
deleterious substances can combine to taint
the air , it has been found that for testing
purpose * only one need be considered
namely , carbonic acid gas. This sub
stance represents one of the waste product *
of the body and Is thrown out by the breath.
Where this gas Is present beyond a certain
amount It 1 * an Indication that some kind
of organic decomposition Is taking place and
the result will be deleterious. A heavy ,
musty odor , so often detected In , crowded
and poorly ventilated rooms , la an evidence
to the senses that there Is an eicess of cor-
bonlo acid and gas present. If on *
stays long In such a room there
will follow < headache , or a con
stricted feeling about the forehead , or a
general sensation ot malaise.
Dangers of Bad Air.
The odor above noted Is not experienced
ty those already In the room , but Is very
appreciable to the newcomer from the out
side. Defective ventilation Is thus easily
detected by the cense ot smell , aa well as
by the effect * upon those who are so un
fortunate a * to remain for any length ot
time in a poorly aired roMn. While the III
effect * are soon dissipated with a proper
renewal of fresh air , If one la too long or
too constantly exposed the health may be
seriously Impaired , The latter Is opt to be
the case when children are confined day
after day la badly ventilated school rooms.
It Is interesting to note In this connection
that a vigorous child will produce nearly
twice a * , much carbonic acid as an adult , In
proportion to the body weight. Dr. Morris
state * that It has been estimated by com
petent authority that at least 40 per cent of
all fatal disease * are directly due to Impure
air. In the absence of more serious result * ,
wo may at least be sure that proper mental
and physical activity 1 * impossible In a
poorly ventilated room. While an unpleas
ant odor , is sufficient evidence that the air
of a closed space 1 * Unfit for breathing , there
*
Is another and more accurat * test for im
purity. Scientist * have found that a pure
attnospheM has about four volume * ot car
bonlc acid gas to 10,000 volumes ot air.
When carbonic acid go * collects above this
proportion , the air tends to become vitiated.
When the proportion of carbonic acid gas
xceers six to eight part * In 10,000 , the
disagreeable and stuffy odor becomes no
ticeable , and the air is unfit for continuous
breathing. An artlclo of this character Is
not the place to explain elaborate technical
or chemical tests. It Is sufficient to say
that sanitary experts , fey applying these
tests , can tell in what proportion carbonic
acid gas 1 * present In the air of any given
room or locality. Aa the various organic
and gaseous Impurities fluctuate according
to the amount of oarbonlo acid gas
present , the test ot the latter Is the guagu
to measure tbo general purity or Impurity
of air. It I * very obvious that of all places
the air ot a school room should be pure.
Tbl * may be attained by allowing a proper
amount of cubic air space to each child and
by a careful system of ventilation. With
reference to room space , each child should
be allowed at least from twelve to twenty
square feet of floor space and from 200 to
250 cubic foist of air space , according to age
and development
Problem of Ventilation.
These minimum requirements are fre
quently not fulfilled in large schools. We
Dnd , according to the rules of the New
York Board of Education , In the three .lower
classra of the primary school * the pre
crlbed allowance of apace to each pupil Is
only seventy cubic feet , in the three higher
grades eighty cubic feet , while In the four
lower grade * of the grammar classes tne
allowance 1 * ninety cubic feet and In the
four higher grade * 100 cublo feet. H I *
obvious that even with a generous allow
ance ot cubic space there must be some
way In which the foul air can be removed
and a fresh supply furnished , It the air ol
a room filled with people Is to bo maintained
in a condition fit for respiration. This
constitutes the problem for good ventila
tion to solve. Even a large room with a
few people In It needs some ventilation If
the air is to bo kept pure. With reference
to schools , a distinction can be made be
tween buildings Intended to house a small
number of pupils and those that serve for
larger numbers. For the former a simple
method of ventilation may be sufficient.
The problem Is to completely change the air
f a room often enough to keep It pure with
out at the same time Inducing drafts. A
certain number ot Inlets and outlet * must
be considered essential. Not a little fresh
air ge-ts Into a closed room through doors
floors , window sashes and even through
brick walls. This Is not * sufficient supply
however , If many are In the room. Re
liance must then be placed upon the win
dows. In the summer the
problem 1 * an
easy one. During cold weather much care
may have to be exercised , but the difference
in temperature between the room and the
external air will aid our efforts by Increas
ing the rate of Interchange of the Inside
and outside air. Hence
, a great deal o
open space may not be necessary. By
dropping one or two windows a little from
tbo top and If
necessary covering the ex
posed place by a shade , air will niter In ana
out , without producing a draft In very colt
weather , by raising a window from the bet
tom and fitting a board In the exposed pltc *
the space between the two window-sashes
will afford ventilation. Various devices have
been applied to window * to favor ventlla
tlon , such as a sort ot box with a fine wr <
fiber , that deflects the air upward. Pipes
ar sometimes likewise used , and wheel *
that are moved by a slight current of air
It possible , windows on opposite side * of a
room should be used.
curia * ; fresh Air.
An open Are I * an excellent ventilator ,
the current oftlr up tb .chimney will very
fftctutllr draw out the foul air of a room.
Closed stovts are little , If any , aid to
rcntllatlon. During recess , the air can b
ompletely purified by opening all the
wlndotts. A little care and thought will
keep the air pure In a small school , but
where large numbers of children are massed
ogether , thc o device * are not sufficient ,
be foul air cannot be removed and fresh
Ir supplied quick enough by natural openI
ngs where 100 or 200 children are collected
n one floor. H is found that each child In
a classroom require * about thirty cubic feet
f fresh air per minutes , or 1,800 per hour ,
Vlth many children In a room , the only way
u which this amount can be supplied with-
ut creating drafts Is by employing air-
hafts. The air Is kept In motion In these
hafts by heated cells , or by fan * moved by
machinery. Modern sanitary engineers have
made a careful study of ithls kind ot air
upply for large buildings. U la thus pos-
Ible to compute how much fresh air can be
upplled to every Individual In a room , at
he same time drawing out the exhausted
air at a given rate. In the alteration and
onstructlon ot large school buildings , the
moat Important point , namely , good ventlla-
Ion , should always bo referred to a sanitary
xpert.
The proper lighting of the school room 1 *
a point of very great Importance. Prof.
lohn of Breslau , and others have found
bat there Is a progressive tendency to
ncarslghtedness In school children , Induced
o a certain extent by the nature of their
work and encouraged by defective Illumlna-
ion. After examining the eyes of 10,060
cbool children , Prof. Conn found that the
nearslghtedness Increased from the lower
o 'the ' upper classes. Thus , In the Latin
ichools ( gymnasiums ) , the lower classes
ihowed 12.6 per cent , and the highest class
5.8 per cent of 'nearslghtedness. Everything
ending toward eye-strain must thus be
several consecutive hour * should not be en-
couraged , but periods of rest for the eye *
allowed. One way of restlng th * eye while
at close work la to occasionally change the
'ocus by looking at some far object. The
book may bo held about the distance ot the
elbow from < the eye ; some writers consider
sixteen Inches a * approximately the proper
distance. It the child requires the printed
page * near the eye and assumes a etooplni
losltlon , It I * an vldence either ot poor lighter
or nearslghtedness , and the case should b
nvest.gated.
Importance of Proper Light.
A proper position ot the chair and desk
are important In this connection , and will be
spoken ot later. The print must always b <
clear and distinct , and the paper should have
a dull , smooth finish , with thickness enough
.o prevent any Impreeslon from the type on
the opposite side ot the page. A suitable
position of the body , a * well aa the eye , Is
favored by employing the vertical rather
; han the slanting style of handwriting , and
the paper or book should be parallel with
the edge ot the desk. The source of light
should be as far as possible above the floor ;
hence It Is best to have the windows reach
closely to the ceiling. A skylight Is a very
effective means ot brightening a room ,
Desks must not be placed directly In front
of windows ; a side-light from a * high a
source as possible , so arranged as not to
throw a shadow from the body and arm *
upon the work , Is desirable. It Is usually
considered preferable to have the light come
from the left elde. Windows should not be
supplied with curtains or woodwork that
will obstruct the free entrance of light ,
especially In the upper sashes. If some part
Of the room requires artificial light upon
dork days , care must be exercised that the
children's eyes are not subjected to conol
flictlng light * between the natural and
artificial sources 'of light. At the samr
time , every corner of the room must be eo
plainly illuminated as to allow reading
without' ' any strain of the yes ; but In strlvto
Ing to accomplish tht * we must try to avoid
conflicting or glaring lights. The color'of
the school room wall should be of some
neutral tint , preferably light gray. Even
when all th * condition * ot proper lighting
are fulfilled , the teacher must keep a watchM
ful oversight over the children. If any
pupil has eye * that become red and
watery , or it complaint I * made ot
headache or pain In the eyes after ap
plication , It Is an evidence that the child' *
eyes are b lng overstrained. The work
must then b lessened and a physician con-
suited.
Faulty Posture * .
The furniture of a school room may have
an ( mportant Influence upon the child's
health. If the * eat * and desks are too higher
or too low or not In proper apposition , the
children will be obliged to work In con
stricted , uncomfortable positions. In a re
cent examination of 1,000 children in one ot
our public Institutions the writer found that
a little over 10 per cent eof the pupils had *
beginning curvature of the spine.
Rapidly growing children are prone to
develop this condition , which 1 * encouraged
and often actually produced by faulty
posture- during school attendance ! . The
seat should be ot the height measured from
the knee to the foot , so that when sitting
the sole * and he l * of the f t may rest
easily upon the floor. The desk * are often
too high above the seats , which favor * a
lateral curvature of the spine. The back of
the desk should be at about the level ot
the elbow when the child Is sitting upright.
The Inner border of the desk should reacn
about one Inoh over the front of the seat.
This compels the child to sit up straight
and 'prevents the curving forward of the
spine too much. The desk should not over
hang the seat more than two Inches , as
freedom of movement may thus be Impeded.
sometimes It may be sufficient to have the
Inner edge qf the desk vertical with tne
front edge ot the scat. The slant of the
desk may be * at an angle of from 1C to 20
degrees. It Is best to have the desk and
seats single and U will add to the comfort
to have the front edge ot the seat curved.
The back may also have a slight backward
Where the children In a school room
come from tenement houses care must D
oxerclecd In tbo use of slates , slate pencils
and sponges. As these agents may be re
sponsible for the spread of disease , H <
peclnlly of the throat and mouth , it Is often
safer to depend upon pads and pencils.
Among this class of pupils the books tbat
are taken home should be covered with
brown manlla paper. Careful Inspection of
the drinking cups must frequently bo made
to Insure perfect cleanliness. Here , again ,
extra care must bo enjoined when large
numbers of tenement house children are
massed together in one school , owing to
the prevalence of sore throats and niHa
diphtheria. On this account the New
York Board of Health has recom
mended that a numbered cup , to be
kept In oacb clots room , shall so
Issued to each pupil , and no Interchange o !
cups to be allowed. The strictest cleanliness
ot floors and furniture must be the rule In
every class1room. . In crowded schools , the
floors , tars | , band-banisters , door * ami
knobs may be washed every week with a
soda solution , containing one-half pound ol
washing soda to three gallons of water.
This not only induce * cleanliness but de
stroye * possible disease germ * .
Prevention of Infection.
f
A suitable place to bang outer imp * 'ami t
coats , where they will be freely exposed to tI tt
the air , should be provided In every school. t
These articles must not b shut In closets I
that are poorly ventilated , and garments o !
different children * hould be bung * o as pol
to touch. Of courset children with any com-
munlcable disease must not be allowed to
attsnd school. Many common condition *
are more or less Infectious that may not ba
appreciated by the laity. Thus , sore er ) ,
granular lids , ringworm and all kinds of tore
throat may spread through , a school by pn * J
pupil Infecting another. No child that hu t
THE OMAHA DAILY BEE : THURSDAY , DECEMBEH 29. 1898.
' ' Dot been vaccinated should b allowed to
attend school. Any child that i * apparently
ailing should be closely questioned br the
teacher , and sent home if there In any un
certainty an to the nature of the trouble. In
| i cases of measles , scarlet fever and diph
theria , all pupils from the home had better
be excluded from school during the course
I of the Illness , unless the teacher can be
assured that rigorous Isolation and disinfec
tion are being practiced. It Is hardly neces
sary to say that closets should bo scrupu
lously clean , well flushed with water , prop
erty trapped , and well ventilated. Each
closst should be Inspected every few hours
to see that hygienic conditions are being ob
served. The temperature of the school room
In winter should not to lower than 65 de
grees K. , or higher than 70 degrees F. , a good
average being CS degrees F. In order to
keep track of this point , It Is well to have
a card placed In every room , where the tem
perature Is to ba registered at stated .times
during the echoot day. The heat may be
supplied by a good hot-air furnace or by
team. Direct steam heating , with radiators
In class-rooms , Is not desirable. When
stoves are used , they should , If possible , be
upplled with frcah-alr Inlet * . Open flrra are
more desirable for ventlratlon than for heat-
ng.
ng.Much
Much of 111 health among echool children
omes from want of proper oversight at
mine. In the matter of clothing and nour-
shment , parents are often \ety caretess. No
hlld should be allowed to leave for school
Until a nourishing breakfast has been taken
md provision made for a suitable lunch or
dinner. If the lunch Is taken during school
mees , sufficient time must be allowed to
omfortably cat , and the child forbidden to
play and eat at the same time. The labor of
he school must not be BO engrossing aa to
" revent ' two or three hours' play and exercise
n the open air. In reference to the whole
matter of the education of the young , physi
cians , should be more frequently consulted ,
f they were oftener asked to serve on boards
of education , many mistakes so commonly
seeen might not be committed.
Educational Note * .
The City Library association of Springfield -
field . , Mass. , will hold a geographical and
geological exhibition in the Science bulld-
ng , next March. The first purpose of this
undertaking is to show the latest and best
material for tha use of instructor * of all
grades , from the primary school and kinder-
arten to the college and university. The
display will not attempt to be historical ,
it will be devoted chiefly to the results of
geographical and geological study of the
sst few years. With the above object in
view the association desires to secure copies
of the best textbooks , periodicals , maps ,
charts , relief maps , models , globts , lantern
slides , collections of epeclmena and devices
of all kinds for teaching geography and
geology. Another and very Important object
ot the exhibition la to Interest the general
public In recent progress In the science of
geography and geology and to demonstrate
that progress , as far as possible , by the
display of published results. The exhibi
tion will follow in the main the lines of that
held In Brooklyn In March , 1191 , afterwards
shown In Boston and New York , and now
permanenty established in the Institute of
Arts and Sciences In Brooklyn ,
Military Instructions in schools and col
lege * throughout the country Is Imparted ,
according to the Inspector general's report ,
to about 15,000 students annually , and from
this source the government w a enabled
e rly In the year to draw largely for soldiers
skilled * In the art of war. The Inspector
general recommends the annual selection
ol some of the best students from our
military Institute for appointments In the
army an expedient which might be em
ployed with advantage In the event of a
large statutory Increase of the regular army
force.
Unlvenlty of Nebraska Note * .
The Graduate club of the university met
December 17 at Palladtan ball.
Chancellor MacLcaa will give an address
on New Year's eve at the home of Mr. and
Mrs. A. J. Sawyer on the topic , "Education
and the Era of Expansion. "
Prof. O. W. Luckey of the department of
pedagogy Is engaged to deliver two lectures
before the Missouri State Teachers' associa
tion which meets December 26-30 , The sub
jects are "Development of Character as tn
End In Education" and "Child Study , Past
and Present"
The new university foundry was dedicated
last week by making its first casting. Chan
cellor MacLean and Regent Morrlll put on
overalls and performed the manual t\ork of
pouring the Iron for the first casting In the
foundry , which is a door piece for the me
chanic art hall.
The Nebraska section of the American
Chemical society met December 19 at 8 p. m.
Papers were presented by Benion Dales upon
electrolytic methods for determination of
Iron and R. S. Hlltner of the university
farm will give a report of the recent moot
ing at Washington of the official agricultural
chemists. An interesting discussion fol
lowed.
The rooms of the State Historical society ,
In the basement of the library building ,
have received some notable additions In the
last few days. Promlaont among them is
the collection ot war relics , loaned by U.
Whltcomb of Friend , late- lieutenant of the
Thirty-fourth Illinois Infantry , which con
sists of 325 different pieces and Is the most
Interesting and complete collection ot the
kind so far found In the state.
Estimates for the coming two years show
that j the university will derive ' $214,375 revenue -
jn from the state In that period and the
regents will require $97,120 besides that to
meet necenary expenses. The new buildings
that will be asked for are a $30,000 chapel
building , a $20,000 boiler bouse and boilers
and a $35,000 building for the farm school.
It | ' the legislature will make a permanent
levy of 6-16 of a mill to run for five years ,
the Income therefrom to go Into a building
funds , the regents will not ask for the spe
cial ! building appropriations.
The meeting ot the Board of Regents last
we k was the most Important of the year.
A thorough review of the progress of the
last year \vas had. It was a very satisfactory
one , showing tbat the year had b on marked
by a larger attendance , more enthusiasm ,
greater development In departments and a
stronger university spirit than ever bafore
In Its history. The Trmismlsslsslppl Expo
sition and the Spanish-American war have
both culled for special exertions and sacri
fices by the university and both calls have
boon magnificently met. The figures show that
the Nebraska university furnished a larger
percentage of student soldiers than'any other
school in < the country and a larger number ,
with possibly tno exceptions.
COOK'S EXTRA
CHAMPAGNE.
IMPERIAL. DRY.
LOCAL BREVITIES.
A divorce suit has been commenced by
Laura B. against Frank Hawkins. Failure
to provide is the ground given. Their mar
riage occurred twelve years ago.
The Omaha View Improvement club will
meet Thursday evening , December 29 , 1S95 ,
at Hillside church. Thirtieth and Ohio
streets. Councilman Karr will be there.
Come.
The regular meeting of the Primary Bun-
day School union will be held Saturday
afternoon at the Young Men' * Christian as
sociation parlors. Mrs. J. H. McCohnell In
charge of lesson.
The bids for the siipplles for the county
poor farm , court house and jail , except those
for groceries , were all In Tuesday. Deputy
County Clerk Harris said they seemed slower
than last year and less than usual. To *
grocery bids bad a llttl * more time.
Dejmtle * at Their Desk.
Th * dfputle * In the office oNtbe United
State * marshal have been Instructed not U
make any more arrest * until after the first
of the year units * such action I * absolutely
necessary. The reason for this cessation In
business Is due to th * fact that all of the
men with the exception of a o > uple of Held
deputle * are engaged in making up the
quarterly report which Is du * la Waablng.
ton on the first ol tn * n w rwr.
WERE NOT GAMES OF CHANCE
DtTioet Jack Norto * ii Arool d of Maintaining
Defined by Himtelf.
PLAYERS .HAD NO SHOW WHATEVER
Maalpnlator Abiolntelr Controlled
the Machine Some Interesting In
formation Given Jorr During
Defendant' * Examination. .
The word "grafter" was authoritatively de
fined by Jack Norton during hi * evidence
yesterday in his own behalf la the trial
of the gambling case against him In Judge
Slabaugh'B court. "A grafter , " said Mr.
Norton , "is a man who nets tip a sure thing
game. "
Just how this came to be added to the
large volume of Information already assured
to the jury In this case was this ! Mr.
Kelkenney had brought out from his client
a statement to the effect that his saloon had
been the headquarter * for "grafter * " dur
ing the exposition. Fearing tbat the jury
was altogether too unsophisticated and
needed enlightenment an explanation was
asked to give a clearer Idea of the peculiar
position of the "grafter" in the social sys
tem. Then a * though this was not quit *
satisfactory , Deputy County Attorney Win
ters , when he came to cross-examine , de
manded * second definition. "A grafter
Is a man who set * up a sure thing game , "
Mr. Norton repeated.
As a school of technology In th * "graft-
Ing" line th * court room ha * been Inter
esting. The jury ha * had ocular demon
stration of Phillips' "pin game" the Only
Phillips and the only "pin gam * " and the
unique working * of the "race track" game
have been shown , and how by a little
mechanism ot the apparatus and some In
nocent manipulation by the dealer the
"Rube" and his money soon parted. If any
juror or spectator runs up against a "sure-
thing' ' ' snap In the future It Will be the
fault of a very abort memory or a plethora
of easy cash.
. Mr. Norton has something of the humor
ist about him , H * would not say In an
swer to Mr. Winter's questions that the
"rac * track" and "pin" game * were gam
bling devices. The accent here Is on the
word "gambling. " The witness Intimated
that th * thing was all one way the deal
er' * way a * much a * to say that there waa
no gambling about it. Plainly , without be
ing expressed In juat so many words , It was
A case of fleecing the fellow who went
against It.
Norton ' * Bipeolal Defence.
The burden of'the Norton testimony was
simply that he had not been a party to the
offense of keeping and setting up gaming
devices. Klrscbbaum , Dwyer and Burns ran'
the joint In the blacksmith shop at 31 i
North Sixteenth street oa their own hook ,
and as to the cigar store at 215 North
Sixteenth , the back part ot It had been
rented for a "grafter , " as Norton * ald ,
named Ed Smith. Norton said he paid to
Larry Mourning $50 for one month' * rent ot
the place , but it wa * for Smith' * benefit
entirely. The witness Asserted he had never
seen a "race track" game of the Smith
kind before , and though he knew Smith
wa * one of the class of gentry he had
designated he really had not known what
his particular "graft" wa * .
To the Interrogatory , "why he bad not
known , " Norton replied : "Well , I never
was mixed up with grafters before. " His
particular defense that his * saloon bad been
the headquarters for all this , kind of non-
producer * was' > laid tre s on. The
use * of hi * saloonla thl * way
came about , said the witness , < through bis
bartender , Flynn , / mixologist of very
alluring mien and , manners. "My place
was a hang-out for all the. grafters ot the
city and aa I was acquainted with Ed Smith
I rented the back part of th * cigar store
from him , " Norton , continued , going more
Ute details. So far as concerned the settle
ment * between Phillips , Klrschbaum ,
Dwyer and Burns In a room over his saloon
every night , he was merely present because
ho was the proprietor ot the place. "You
presided over the settlements because you
were the proprietor ? " the deputy county attorney -
torney repeated , Innocently. "Yes , " answered -
swered the witness.
The story of Phillips , after arrest , sending
word to Norton to get him out of Jail was
gone over and how Norton failed to procure -
cure the pollco protection boasted of. Norton -
ton was oa the stand most of the forenoon.
The state finished Its side shortly after court
opened and at once a motion was made by
Kelkeuncy for an instruction to the jury to
find for the defendant. Kelkenney's ground
was that there was no evidence to show
Norton guilty of the charge. The motion
was denied and then Norton was put on the
stand. .
Closing the Case. I l
The' case went to the Jury late In the
afternoon after several hours had been devoted -
voted by the respective counsel to the
argument. One time 0. O. Bowman , in be
half ot Norton , took exception to some sar
castic reference made by Deputy County At
torney Winter to "the shades of the departed -
parted Dwyer and Burns. " He entered a
formal objection , saying there had been
nothing In the testimony to show that
Burns and Dwyer had Intentionally ab
sented themselves to escape testifying for
the defense. The court overruling the ob-
lectlon Bowman demanded that a record be
made ot tbo opposing counsel's remark and
an exception was taken td the court's ac
tion.
In hla charge to the Jury Judge Slabaugh
avoided the point on which the Oertcr cue
was reversed by the supreme court. In that
case his Instructions covered Oerter cither
as a principal or as acting In conjunction
with another. The '
supreme court's Inter
pretation was to the effect that tht Instruc
tion had pertained to Oerter alternatively a *
a principal or as an alder and abettor. A
considerable portion of Mr. Bowman's ' argu
ment had a bearing upon the fact that Nor *
ton had not been charged as an accessory
but aa * principal pure and simple , whereas
from the point ot view taken by the de
tense there bad been no evidence whatever
to convict Norton as a principal , however
much it might show him to have been an
i 1 accessory. Two instructions asked by the
counsel jTor Norton covered this samt
ground , but they were refused by the court.
Judge Slabaugh's charge simply went ovef
the points of the presumption ot innocence ,
the t necessity for conviction beyond a
reasonable doubt , the definition of the term
"setting up and keeping gambling devices"
, and the weight that might be attached to
the testimony of an accomplice. On tha
character of Phillips' testimony he said :
The witness , Phillips , Is what Is known in
law as an accomplice , and while It Is a rule
of law that a person accused of a crime may
be convicted upon the testimony of an ac
complice , still a jury should always care
fully weigh and consider such testimony and
give such witness such credit and to his tes
timony such weight as you think under the
evidence them fairly and justly entitled to.
On the .term "set up" he said :
The words "set up , " as used In the taw
defining the crime charged , mean to com
pletely put In order , provide or prepare for
the purpose of use or operation.
There was nothing at all In the 4nstruo-
tlons in any way touching the point or aci
cessorlness or "setting up" and keeping
gambling devices In conjunction with an
other person.
At midnight the jury had not reached uny
verdict.
Bank' * Answer In Land Salt.
The Dime Sa'vlngs bank of Chicago ,
through Us receiver , Ralph Metcalf , filed Its
answer yesterday In the old Jernberg &
Rylander Texas land deal case.
This suit rtas brought some time ago by
Olof Zetterlund , Ernest Behl and Adolph
Osterholm , as the sole surviving partners as
sociated with Jonas Adllng , now deceased , as
the Southern Land company , to collect a bal
ance ot about $55,000 left out of $02,000 com-
mlsstone alleged to have been due the plaintiffs -
tiffs on a deal by which 130,000 acres ot
land In Jackson and Wharton counties ,
Texas , known aa the "K. 0. ranch , " were
placed upon the market.
Some four defenses are set up In the an
swer , aa follows : First , that the firm of
Jernberg & Rylander was also associated
with the plaintiffs- the Southern Land
company and the plaintiffs are1 not therefore
the sole surviving partners , but Jernberg A
Rylander should bo joined with them ; second
end , that the suit of the plaintiffs against the
Texas Land and Cattle company was dis
missed by the supreme court for want ot
equity and this should operate as an estop
pel ; third , that the commissions were re
leased to the Texas Land and Cattle com
pany , and , fourth , that the Dime Savings
bank got a judgment against Jernberg &
Rylander for about $10,000. The defendant
bank therefore asks to be dropped from the
suit.
Notes from the Docket * ,
Judge Fawcett has allowed Calvin 0. Wax
ier a Judgment ot $5,000 against George
Krler and others.
George W. Nixon and William H. Rice ,
both of Chicago , filed affidavits of Don-
resldence j In the Perry damage suits yester
day.
Louisa Taylor has petitioned for a divorce
from Louis Taylor on the ground of now-
BUpport And for the further reason , as nhe
alleges , that her husband was convicted In
Council Bluffs of burglary In 1196 and sentenced -
tenced to the penitentiary for three yoara.
They were married In this city In 1892.
A second attachment for contempt was
ordered by Judge Scott yesterday against
Wallace P. Kelley , a Union Pacific con
ductor , for failure to pay to his wife , Anna
Kelley , the temporary allmouy ordered by
th t * court In October In a divorce case pend
ing. 1 Kelley had not been arrested at a late
hour. ' Ho has a rnotl u to "ct ailde 'lie Ali
mony ' order now pending , supported by sev
eral aflldavlts.
An answer was filed yesterday In tbo suit-
of the Oriental Exposition company ( Streets i
of , Cairo ) against the Exposition company )
and Manager Reed and Superintendent Wad- ,
ley j of the Concessions department for $75,000.
The answer is to the effect that the closing
up ' of the Cairo exhibit on June 10 was owing
. to the fact that the plaintiff concessionaire
had not compiled with the terms ot the Leo
pold Oonet contract , of which It was the
assignee.
GREATER | AMERICA ELECTION
Sulncrliitloii by the Street Ilailwnjr
L'oniiiutiy to the Stock Stimulates
Interest In the Meeting ; .
The nubscrlptlon lls't of the Greater Amer
ican 1 Exposition was Inflated yesterday by the
subscription of the Street Railway company
of $10.000. U Is expected that the Gas com
pany will sign for another Urge amount to
day.
day.The
The postponed meeting of the stockhold
ers for the election of twenty-flvo director *
will be held in the Board of Trade rooms
at 7:30 : tonight and It Is understood that !
no further delay will be permitted.
(
Horrible agony Is caused by Piles , Burns ,
and Skin Diseases. These are Immediately
relieved and quickly cured by DeWltt's Witch
Hazel salvo. Beware of worthless Imitations.
Like Throwing Money Away
this < thltiE of selling men's shoes ut ! ? . ' .BO ,
but Drex L. Shoomau Is golns to soil
them at tlint price and the ones ho Bella
bent the world They we not made to
sell for $3.50-that kind we sell for $3
but genuine box cnlf shoes lu tnuts or
blnck new wide , round toe henvy ,
double sole the newest shoe In Omnlm
easily worth J4.00 sells at $4.00 nil
over ( Ohlcaco ) but here , nt the bljr
nhoe vnlup headquarters , you can buy
them for ? 3.60 not just this week , but
all the time 110 r.ubbers required
V
Drexel Shoe Co. ,
Oat alt a' * Up-te-date Mhor House *
1419 FARNA.1I STREET
Lots if Odd Things-
around our store tbat can be picked up
at a great deal less than 'they ' cost us
only one or two left not worth while
putting away. A couple of the great
Jewel heaters that some one lu going to
get cheap very cheap. An unbroken
assortment of the Peck & Hnyder * kate ,
sleds and coasters. We Invite contract
or * and home owner * to our assortment
of builders' hardware the largest we
bare ever carried. Estimate * cheerfully
furnished for large or > maU John. We
guarantee aatUfactlon.
A. C. Raymer ,
WE DELIVKB YOUR PDUUIIASE.
1514 Fortmm Street.
for Infant * and Children.
The Kind You Em Always Bought
BEARS THE SIGNATURE OP
In Use For Over 3O Years.
, . .
THC OCNTOUK COHMNT f T MUKKif STIItlT. MtWYOIIM CITY.
HEARD ABOUT TOWN.
"The street * In our town are bad enough ,
| but \ they are not a marker to those over
i which I have traveled In Omaha during the
few hour * that I have been here , " said D.
B. Cromwell of St. Joseph. "What i *
more , " he added , " here there does not seem
to be any effort made to better their condi
tion. In. St. Joseph the street commissioner.
1 * out with several gangs of men and a
number of length * of are hose. The hose he
attaches to the Ore hydrants and then turns
on the water. By doing this the mud and
filth are washed into the gutters and it Is
possible to get over tbo crossing dry shod
and without wearing waders. This plan of
cleaning the streets In the business portion
ha * been pursued during the sloppy weather
and now they are In pretty fair condition. "
"Our people are glad to know tbat Omaha
business men have taken hold of the plan to
promote the road to Yankton and now that
they have done EO and that In earnest , too ,
we have every reason to believe tbat It will
be built , " said John Barton , a farmer resid
ing near Hartlngton. "For years we have
felt the necessity of this line to Omaha. If
it Is constructed It will open up the best
portion of Nebraska and give a trade to
Omaha that now almost wholly goes to
Sioux City. We all feel friendly toward
Omaha and hope to see It a city of 500,000 ,
for we realize that a big city In the state
add * to the value of every acre of farm
land. If the Omaha business men don't
push the Yankton road they will make a
great mistake. "
Personal Paragraph * .
David B. Anderson , owner of a large fruit
farm near Syracuse , , III. , Is In Omaha.
Frank Ivereon , an attorney t Spirit
Lake , la. , Is in the city looking after come
matters in the courts.
Stockton Heth , treasurer of the Omaha
Water company , has sufficiently recovered
from his attack of erysipelas to be out of
bed.
bed.Henry
Henry P. Coleman , a dairyman residing at
St. Charles , Minn. , Is a guest at one of the
hotels. He la returning from a mouth spent
In Texas.
Mrs. J. M. Alkln Is at Cedar Rapids
visiting her mother and participating In the
festivities I incident to the wedding of her
brother 1 , Oeorge Leonard , there.
E. W. Mortlnson , one of the wealthy
farmers residing near Hiawatha , Kan. , I * In
the i city. Ho came up to learn something
ot i South Omaha as a live stock market.
Raymond D. Groves , an Importer of fine
horses ; and residing near Albany , N. Y. , IB
In ; the city on his way to Portland , Ore. He
will remain hero a few days visiting friends.
Ira D. Henderson , merchant at Downs
Orovo , la. , Is In the city buying goods. He
reports a heavy trade and says that all of
the j merchants In the town where bo resides
are , In a prosperous condition.
Nobroskans at the hotels : L. A. Lawson ,
John Delaney , Fremont ; C. A. Whynwn , H.
C. Rountree , Lincoln ; J. R. Manning ,
Wayne , ; W. W. Aft , Hyannls ; L. M. Shaw ,
Osccola ; J. II. Corwln , Cozad ; J. M. Ire
land : , Shlcklcy ; F. M. Crowe , Lincoln.
At the Murray : E. L. Cox , A. D. Gore , Ell
Katz , Chicago ; Ira Mallory , Grand Island :
O. L. Pritchctt , Falrbury ; J. R. Welpton ,
Red Oak , la. ; Milton Scbultz , Milwaukee ; A.
V. Kline , New York ; W. N. Dawson , Ewlog ,
Neb. ; W. Patrick , St. Louis ; F. T. Lathrop.
Kansas City ; J. E. Jenkins , Schuyler , Neb.
At the Millard : John W. Lacey , Cheyenne ;
LeGraml Young , Salt Lake ; N. H. Looinls ,
A. L. Williams. J. P. White , Topeka ; L.
J. Drake , E. O. Qrimtbs , E. K. Springer
Hugh M. Wilson , William Grace , Charles F.
Fredrick , Chicago ; E. C. Conkllng , St. Jo
seph ; J. H. Schumacher. Kansas ) City ; H.
M. Orahood , J. K. Choate , Denver ; A. K.
Kenyon , New York ; W. H. Jackson , De
troit ; J. A. Hnscmeer nnd wife , John Calveit
and wife , Louisville , Neb. ; O. J. Kerschcn-
stelner , Lansing , Mich. ; Charles Wood Fas-
sett and wlfo. St. Joseph ; L. W. Snow ntu1
wife , David City ; L. L. Smith and wife ,
Canton , O. ; George H. Thummol and sou
Grand Island ; W. B. Jones and wife , Lin *
coin , Neb. ; John N , Baldwin , Council Bluffs
W. C. Brooks , Beatrice ; C. L. Buck , Denver ;
F. M. Dorsey , Sioux City.
Grand DuUe Cyril Com In if.
Grand Duke Cyril , cousin of the czar of
Russia , accompanied by Lieutenants Caube
and Pauppnnaft of 4ht Russian army , will
arrive In Omaha at 4:45 : o'clock on Saturday
afternoon. A telegram to General Passen
ger Agent Lomax of the Union Pacific an
nounced that the distinguished party left
San Francisco for New York last night.
DRINKS A DEADLY DRAUGHT
John Uevnny Swallow * Carbolic
Acid for Conifh Medicine by
Mistake and Die * .
In the uncertain light of early morning
John Devany , 76 years of ago , who had risen
before daybreak to tend to his furnace , mis
took a flask containing carbolic acid for a
bottle of cough medicine and before realizing
his mistake swallowed enough of the liquid
to cause his death In less than an hour.
John Devany lived at 2312 Douglas street ,
the homo of his daughter , Mr * . Nellie Ather-
ton , whose Income Is derived from the rent
of rooms on the two upper floors of the
house. He made It his duty to relieve Mrs.
Atberton of the business matters Incidental
to housekeeping by looking after them him
self , and M he did many of the chores about
the premises it was hi * custom to get up
before daylight to tend to the furnace and
start a Ore In the kitchen range In Urns
for preparing breakfast.
High up on a shelf In a closet off from
the kitchen stood a bottle of carbolic acid
that had been In the house a year or longer.
It was an ordinary bottle similar to those
In which medicines are sold. Christmas day-
Mr. Devany bought a quantity of cough
medicine and after taking a llttlo of th *
preparation he placed it on the eholf beside -
side the carbolic acid , which had long ago
been forgotten.
Yesterday morning , a * usual , he got up at
5 o'clock. His bed was made up on the
dining room floor. Before starting down to
the basement , where the furnace Is , he went
to the closet to take another dose ot the
medicine. It was yet dark and the ga * bad
not be n lighted. Groping about on a shelf
he could not see , the old man found a bottla
and took a swallow or two of Its contents ,
Then realizing the mistake ho had mad
he ran to call his daughter. Her apartments
were next to the dining room. His cries
were heard , but the powerful drug had bo
sun to take effect , and before Mrs. Atberton
could answer he staggered back to the bed
on the floor and toppled over upon It. When
help came be was In a comatose state and
did not regain consciousness. '
Mrs. Athcrton's shrieks aroused the room-
en * , and ono of them ran to summon a phy
sician , who came at once , but the old man
was beyond help , dying shortly after 8
o'cloc ) Two'othsr married daughters , who
live lu the city , were notified ot their
father's death , and after their arrival at his
sldo one of them was seized with acute
hysterics , becoming so violent that thoeo In
the house could not manage her. People
who live In the neighborhood \\ere alarmoa
to see her running from house to bouse hatless -
less and without wraps , screaming at ths
top ot her voice. It required the strength ,
of four men who were passing to carry bar
back to the house , and It was several hour *
before she could be quieted.
WorU of
A. Kodym of 1520Mi Farnara street com
plained to the police that his tailor shop
was turned Into a flah pond by burglars and
he does not like the role of fish warden ,
riilevcs broke a window In his place and
with a pole fished out three overcoats , one
tack coat and five ustrs ot trousers , all of
which they appropriated.
Lewi * Hermann of 2706 Cumlng street
also reported a burglary. In his case a
skeleton key was used to force an entrance
to bis room. A lady's ring set with emer
alds was stolen.
J , G. Hancock of the Park hotel Informed
the police that a plaid suit of clothes belonging -
longing to him had been purloined from the
Bijou theater.
Ono sot of double harness was stolen from
the barn ot D. Hughes at 2S1D Parker street.
Two men entered HeIn ] & Thompson's
tailor store at 315 South Fifteenth street and
while one engaged the clerk in conversation
the second stole a roll of cloth valued at
* 20.
Among Others-
jou will find porno organs In our base
ment room going very cheap all this
\\euk. Pro-Inventory selling with us al
ways mcniiH money saved for the buyer.
Our piano stock is rapidly being reduced -
duced by this cut prlco selling. Many
of our best framed pictures have already
disappeared. Kvon If you have no Im
mediate use for n picture , organ , piano
or other musical instrument , it will pay
you > to take advantage of the sale. The
ilrst of the year wo will tnko an Inventory -
ventory hence these cut prices.
A. HOSPE ,
iltislc and Art. 1513 Douglas.
You Might Think-
judging by our enormus Christmas trade ,
that we wouIdnH have a single camera
left , but wo anticipated just such a
trade nnd had prepared ourselves for
It with 'tlitf ' largest stock and variety of
cameras we over had also supplies of
all kinds so that now we are prepared
to till all orders promptly. Especially
Is this BO In our developing and printing
department. All ChrlstmnH pictures
brought to us now will bo finished this
week. Our work will be found the best
and our prices as low as good work can
be done for.
iheAloe&PenfoldCo
Asa .nr Photo * 4m * .
OMAHA