THE OMAHA DAILY \EE : TUESDAY , IMAIICII 11 , 1800.
LATEST FAD FOR SCHOOLS
Physical Condition of Children Determined
by the Ergograph (
CHICAGO PUPILS PUT TO THE TEST
< : < Ini > nll < iiml ProurcNM In Uip Sditpx of
> ru Vork mill .MnNHiu-liuiHln
HIioMti li > tallntti-N IMn-
oallonnlotrn. .
The Very latest fad devised ntid put In
operation by Chicago educators Is the ergo-
graph. It Is the Invention of nu Italian
genius and Is Intended to ascertain the
\ltal energy and nervous and physical con
dition of children. Several tests of the con
trivance wore made in one ot the schools
nnd several Interesting results obtained.
The Instrument measures general strength
In kllogrnmmctcrB , Indicating the result In
writing ; the test being made on the pulling
ntrcngth of the middle finger. The pupil It
seated nt n table and his right arm and
hand are firmly fastened to a sloping board ,
the middle finger being free to net Title
linger Is placed In a loop of vvlro attached
to the crgograph , at llio other end of the
table. The string Is attached to n sliding
Index , with a pointer , which runs along a
metric scale. Attached to the moving Index
l.s a weight suspended over a pulley and
hanging down toward the fioor.
As a metronome ticks oft the seconds the
liupll pulls Iho string nnd lots It go back ,
continuing to pull Intll tumble to move the
sliding Index , or , In other words , lift the
weight. Ono of the experimenters counts the
tlmo with n stop watch. The Btrength of the
pulse ns measured on the metric scale Is
shown from this. An cxnrt measure ot the
lifting strength ot the pupil Is In kilogram-
meters , the metric measure equal to 2.2 foot-
pounds. Attached to the sliding Index Is n
pen which marks the length of the strokes ol
the pull on a paper covering a moving
cylinder on another Instrument placed neai
tha crgogrnph. The manUomotcr test Is another -
ether given to learn the fatigue conditions. .
The "grip test" Is given and by gripping will
the right and left hands the strength IE
flhown by an Indicator nnd the general
strength concluded.
The first boy tested by this latest con
trivance of scientific education was William
Hardern , n robust , hearty lad of 13 , the son
of German parents and the picture of health
After nil the other muscles of his arm had
been anxiously strapped Into uselessness he
wiggled his hecond finger until the eyes ol
the "experts" bulged with astonishment ,
The only comparison they nro nblo to make
Is with a series of experiments made In St
Louis ten jcars ago
William smashed the St Louis record Intt
smithereens. He wiggled his finger until the
"experts" grow dizzy and then wiggled II
more. Then ho decided that ho was being
guyed nnd quit the game before he broke the
machine , The exports solemnly declare thai
William Is a remarkable boy.
Twenty other pupils were examined , ami
some wore found to have more endurance
than others This was regarded as a remark
able discovery. The hearing of ono boy was
found to be somewhat Impaired. This was
communicated to his teacher , and the boj
will bo given a front sent hereafter , Thli
fact regarding the hearing was not nscer
talned from the wiggling of the seconi
finger In the crgogrnph but by the Judicious
use of the audiometer.
It Is Intended to test nearly 2,000 children
It Is expected definite facts and figures or
the physical nnd nervous condition ot tin
children can bo gained. These will bo com
piled In June. Conclusions will bo drawr
nnd recommendations made In regard tc
programs and methods to the school board
nnd the teachers.
\ -iv York Spluiol * .
The annual report ot the superintendent
e-f schools of New York state shows that
the number uf children attending school
some portion of luct year was In the towns
477,431 , nnd in the cities 691r.43 , mak
ing a total of 1,168,091 for the state. This
shows a decrease In the towns ot 39,9111
nnd an Increase In the cities of 5,7-10. The
a\crago dally attendance In the towns was
319,240 , nnd In the cities 503,112 , showing
nn average attendance for the entire state ol
827.C52. Comparing these figures -with those
of the previous year the attendance in the
towns tlecrea&cd 12,916 , while that In the
cltltM Increased 20,331.
The number of licensed teachers employed
was 29,330 , nn increase ot 749 over the pre
vious ! year. The amount paid for teachers' '
salaries was $ liir ! > 6,278 , an Increase of ? 'J9G- '
218 over the previous jear. The average an
nual salary paid during the last year was
$516.75 , an Increase of $21 32 over the pro-
ous year. As there were i > 69 teachers whc
had graduated from normal schools and s
much larger number of training class teach
ers employed during 1S97-9S than 1806-91
the statistics Indicate that communities are
willing to glvo bolter salaries to profes
sionally trained teachers.
The sum ot $1,057,979 was expended fet
bulldlngfl , sites and repairs In the towns nm
$7,553,569 In the cities , making a total In tht
state of $8,611,548. This shows an Increase
In the total expenditures In the fltnto ovoi
the previous year of $212,872. The tota
Miluii ot school houses and sites In the
state as reported last year was $71,832,511
an Increase of $5,754,911 over the provlom
jenr. The total expenditures for all pur
poses connected with the public schools o ;
The pedestal , the ; support of health
nml beaut ) , s Dr Pierce's Favorite Pre
scription There can l > e no bejuty with
out .health There can be no health
when the delicate womanly organs are
diseased. Disease * which undermine
woman's health and prey upon bur
beauty , irregular ixinods , inflammation ,
ulceraticjn ami female weakness , arc per-
fcctl ) und permanent ! ) cured ' < use
of " 1'avorite 1'rcscriptiou. "
i
the stnte were $2S,473R71 89 , an Increase
over the previous yenr of $ l,7SGOir > , l7.
MomVuluc of IMiicatloii.
The money aluo of education to a people
ple Is strikingly shown In the < -nso of Massa-
chusott * where the sums spent for schools
and libraries are largo and the return Is
commensurate with the outlay. The average
earning capacity or Income ot every man ,
woman and child In that stale Is , accordIng -
Ing to the census , 73 cents a day , while
the average for the country Is only 40 cents
a dny. This results In n total annual In
come to the stnto of $250,000,000 above what
It would be If thfl average earning power
were the same ns In the rest ot the coun
try.
try.The
The number of public nnd private school
buildings In Massachusetts has not Increased
much during the last twenty > enrs , but
the \nluo of the buildings has grown largelj.
In 1S7& the public school buildings owm-d
In Massachusetts were \nlucd nt $1S,97J-
OStl , while In 180" > the value of the same
buildings was $37,447.411 , nn Increase of
nearly 100 per cent. But In the same tlmo
the number of buildings Increased from
3,317 to only 3,3'l > , showing that the state
was pretty well supplied with school buildIngs -
Ings In 1S7. and that the expenditure elnce
has been directed toward erecting build
ings of a higher class and better equipped.
Public' schools nro only one of the meant
offered for education nnd training In Mnssa-
chuscttH That stale' has private schools ,
kindergartens , colleges nnd universities ,
academies , theological schools , Industrial
and manual training uchooK conservatories
of music and art and other schools not
public to the number of " 1C , owning build
ings valued at $17,811,82.1. Seventy of the
nonpubllc schools and colleges icport en
dowments nggiegatlng $ 'J3G08.7t9 and in
comes of $ .1.710,110. Thd fourteen colleges
and universities of the state nlono reported
endowments amounting to $15,471,822 nnd
a total Income of $2,137,131. How much Is
spent on education In private schools Is not
stated , but the sum must IKJ $ ,8,000,000 , or
JU.000,000 a year And us the unnual ex
penditure on the public schools Is over
$11,000,000 there must bo nt least $ JO,000,000
a year spent In Massachusetts on schools ,
public and private.
Massachusetts does not slop Its education
with the schools. It continues tbo process
with Its admirable system of libraries. In
1895 there were 2,028 libraries In the state ,
of which CS7 were secular and 1,341 wore
religious llbiarlcs The secular libraries had
6,511,700 volumes while the religious librar
ies had 83G.OG4 volumes. Private libraries
are not Included in this statement. In the
secular libraries the books were valued at
$ .3G3C6S and had a clmilatlon for homo
use of 8,461,270 during the yoir. It Is a
curious fact that the number of hectilar
libraries V.SIB sixteen loss In 1895 than In
1885 , but the number of ( books increased
In the same time about 1,500,000 and their
value grew from $5Sl. ,77t to $9,3G3CGS.
The annual Income of these secular librar
ies In 1S95 was $978,853. Another method
Massachusetts has ot educating Its citizens
Is through reading rooms. There are 3"0
of these In the state , 314 of rhlch reported
15,573 novvspipors and periodicals on file
and ISO reported 187,563 volumes of refer-
once. The average dally number of read
ers In 199 of these reading rooms was
11,244.
Educational \oti > N.
The salaries of the public school teachers
In New York state , exclusive of teachers in
colleges , high schools , academies , private
schools , night , technical and mission schools ,
amount to $10,000,000.
Uurrls A Jenkins , a professor In Butler
college , Indianapolis , has been chosen as
the Hist president ot the University of In
dianapolis , which has been constituted by a
union of llutler college , the Medical College
of Indiana , the Indiana X.aw school nnd the
Indiana Dental college.
It Is announced at Cornell that Charles J.
Uullock. who has been an Instructor In
political economy here since'1895 ' nnd who
is also the author of IJullock's "Introduc-
: lon to the Study of Political I.umomj lias
been appointed to the professoishlp of the
same subject at Williams college He will
take his nnvd place at the beginning of the
next college jear.
The chair of ancient history , which Is to
bo founded In the University of Edinburgh
thiough the generosity of the late Sir Wll-
lam Frnser. the dlhtlngulshed archaeologist ,
will place the university In n unique posi
tion among Urltlsh universities , Inasmuch
as It , will be able to boast now ot bavin J
'our chairs of history , the other three bclnj ;
: hose of constitutional history , church his
tory and modern history
The Atlanta Constitution kayi that Rev
"Sam" Small , the evangelist , who Is chap-
ain of a regiment of engineers , has been put
'In general charge of public Instruction of
Santa Clara province. He will be responsi
ble for the direction of the reorganl/ation
of the entire public school system of this
province , which has a population of 300,000
people and Is ono of the richest provinces
on the Island of Cuba How "Snm" will
astonish them when ho gets a-golng'
The Xew York City school budget for 1899
Is to Include $4.083,000 for additional schools
nnd bchool sites In New York county.
$2,873,000 for additional schools and school
Blt H In Kings county , $167,000 for school
sites and buildings In Queens county and
$150,000 for bchools and school sites In Richmond
mend Seven of the eleven Items of addi
tional expense In Queens county nro In Long
Island City nnd the additions In Now Yoik
county are Intended to provide , It Is said ,
for 36,000 additional pupils
Krauleln Klsa Neumann was "promoted"
to her degree ot doctor of philosophy In
Horlln university the ether day , the first
woman to bo BO honored. She obtained It In
the studies of chemistry nnd mathematics ,
which she hud pursued at OoUlngon and fin-
lahcd in Ik'tlln The hall whore ho lere-
mouy took place was crowded to HUlTociiloa
nnd the joung woman received great np-
plauso from the general public and iho tu-
dents present Truuleln Neuimnn cppeared
In black and read her thesis nnd was ex-
tiemcly pale , though she bccnniB ll-ished as
the friendliness of her reception became evi
dent.
Seeking some answer to thu question ,
"Where Is tbo college-made man ? " H. K.
Krnt/ , superintendent of schools In Sioux
City , la , has found , by investigation
through correspondents , that In fifteen
towns In tbo state of Iowa 80 per cent of
the mlnlhtors were college bred , 85 per cent
of tha teachois , OS per cent of the lawyers ,
60 per rent of the doctors , 40 per cent of
the bankers , 30 per cent of the edltois and
2G per cent of the merchants and manufac
turers All of tbo canes loeorded were of
men successful In their calling. In nil , out
of 533 such me > n thu peiceiitngc of college-
bred men was 55.
Among the recent purchases by the Cor
nell unlvcralt } library Is the last book writ
ten to prove ) the mediaeval theory of a Hat
earth It was written by n Spanish bishop
in 149G , four jeara after Columbus' vojngu
and twenty-live jenra only before Vascei
D.i aanm i cached India via the Cape ol
Cooil Hope It Is ono of the flint books to
mention America , but ridicules the Idea that
the discoveries of Columbus can have any
hearings on the shape of the earth , tiiolnn
that his vo > ugc was quite similar In kind
to those ucnt out by llomans and Phoeni
cians The worthy bishop urges that tht
twelve apostles we're sent to nil nations ol
the eaith , hut they did not go to the antip
odes , then-tore it Is as clear as light tlml
there are no antipodes.
Hlrll.rr * ( in llniiU toorU. .
PITTSmmo , Pa . March 13 The strike
nt the Scboon Pressed Steel works vvai
I practically broken today by the return ol
) several hundred men to their old positions
j The men applying for work were most ! )
those who on Saturday opposed the leader
ship of the ( strikers. Tbe firm announced
that the entire plant would bo In operatlor
tomorrow- There were iery few strikers ot
the streets and quiet prevailed. Today no-
tires printed in the English and Hungarlar
languages wore pouted by the police authori
ties , giving warning that disorder would not
be tolerated and any Interference with the
workmen would be followed by arrest.
J Sheer. Sedalln , Mo , conductor on elec-
trlo street car line , writes that hla little
daughter was very low with croup , and her
llfu saved after all phjulcians had falltd ,
only by using One Mlnuto Cough Cure
VERDICT OF NOT GUILTY
Jury Disposes of the Oasa Against Thomas
K , Sudborough ,
AGREEMENT IS REACHED IN SHORT ORDER
Hull of the AoUnn Wliorrln ex-t'lilef
Clerk of Piu-lllr lirpN Com-
l > nnVnn t'linrKPit itIlli
Thomas 1C. Sudborough , cx-chlcf clerk of
the Pnclllo Express compnny , has been ac
quitted of the charge of embezzlement us
was px-Auditor W. K. llcchcl. The Jury
was hardly fifteen tnlnutea In reaching Us
verdict. It retired shortly after 5.30 p m.
and Immediately ordered supper. Just by
by way of putting in the tlmo until the sup
per hour would nrrlvo an Informal ballot
wa < ( taken The result was a surprise to
the Jury Itself. The ballot Blood eleven to
one for nn acquittal. Immediately a formal
ballot waft taken and then the vote for no
qillltal was unanimous In the Dochcl case
the Jury was out nil night.
This quick termination of the trial was not
at all expected around the court house. It
had dragged on for ncck and another tedi
ous week of Interrogation and cross-quos-
Honing , objections and arguments and dig
ging Into the company's accounts was looked
for. Only lUe out ot the thirty witnesses
which the state had subpoenaed Andy Hunt ,
llookkcoper William E. Nason , 1'rcsldent
Morsmnn , Import Louis K. Wettllng and
John Vlz7nrd. the Union Pacific detective
were c\cr called by the county attorney to
the stand and no testimony at nil was offered
In behalf of the defense. Sudborough's
counsel rolled upon the weakness of the
state's case altogether , along with the ques
tionable character of the evidence given by
Andy Hunt. This foiled the prosecution In
ono respect , because the county attorney
was rrscrvlng nil his other witnesses , In
cluding Sadie Hush , for rebuttal As there
was nothing to rebut , the case had .to go to
" " "
the Jury us It stood.
The argument to the Jury began nn hour
before noon , Mr Shields opening. Hoth A.
\V. Jeffries and Carroll C. Wright addressed
the Jury in Sudborough's behalf and the
closing speech for the state was made by
ex-County Attorney Howard II. Haldrlge.
Sudborough's attorneys rather Insinuated
that Mr. Ualdrlgo was really representing
the cxpicsa company In his efforts to secure
a conviction , but the court shut them off
and Mr Ualdrlge had a chance to explain
that his position In the case had been simply
duo to the fact that ho had been Mr. Shields'
predecessor.
I'lnlMlliiiK die 'IVnUluony.
In the finishing up of the testimony for
the state direct Mr. Wcttllng was called so
that the defense could complete the cross-
examination of him begun on Friday. He
was soon disposed of and then John Vlz-
zard , the Union Pacific detective , was called
to corroborate Xason's statement about a
conversation with Sudborough having oc
curred over a South rifteenth street saloon
Ylzard could not bay mucn as to the sub
ject matter of the conversation.
Finally Am'y Hunt was recalled to testify
that the legislature was not In session dur
ing the time covered by the Information In
the easy , and the defense took advantage of
this to cross-examination him as to the tele
grams which passed between Urastus Young
and Detective Chapln when the latter
went to Arkansas Cltj , Ark. , to Induce Hunt
to come here and testify against liechel and
Sudborough. The defense had been unable
to procure the original contract from the
olllcers of the Pacific Express company , al
though Erastus Young had been subpoenaed
for this very purpose. Hunt stated that he
told Chapln he would not become a witness
for the prcoocutlon In the Interest of the
company unless he was first assured of im
munity from both ciiminal prosecution and
a civil suit. He said fuither that Chapln
received a message from Mr. Young author
izing him to make any contract necessary
with Hunt In Young's name.
Hero the state rested and when the de
fense was asked If It had any evidence , Sud
borough's counsel said their side would rest
also on the testimony the state had offered.
In Mr Shields' argmucnt he dwelt upon
the claim of the defendant that the money
he had been accused of embezzling had been
used for legislative expenses. Mr Shields
rather Inclined to the theory that If It had
been eo used It would have all been en
tered as "legislative expenses " "You know
what these two words mean everjbody
knowt what they mean , " ho asserted ; "they
mean the buying up of legislators "
Judge Dakcr had ruled against the defense ,
when Hunt was first on the stand , < m this
question of legislative expenses and for this
reason no evidence was ofiered direct to
show that the $2,000 charged against Sud
borough lu the information as having been
taken between September 19 and December
1 , 1SD6 , had been used for that purpose , al
though this was promised In the opening
statement of Sudborough's counsel when the
trial began Nor was any effort made to
show that at the time Hunt testified , that
Sudborough got the $701 , the latter was
away from the city , being nt St. Louis and
Kansas City from November 28 to December
It was merely hinted at once In cross-
examination of Hunt
Vttorm > > M SoiiiiMtlint CaiiNllc.
Jefferls in his argument referred to
Andy Hunt ns "n self-confessed embezzler ,
whoso testimony on behalf of the state had
been purchased by the promise of Immun
ity. " Ho also charged Ernstus Young with
"having compounded n felony In the namu
of tbe great btato of Nebraska "
Wright emphasized the fact that mobt of
the evidence produced by the prosecution
was "nnelenl history , " which had occurred
long before the thrco years' tlmo allowed
by the statute of limitation. "Tho contract
with Hunt by which ho was Induced to
ccmo here and swear against Hechel and
Sudborpugh , " ho said , " \vns equivalent to
giving him so many thousand dollars" He
scored the use of Plnkerton detectives bj
the Pacific Express company , sa > lng the
company disregarded the law of this slate
whl U makes the use of Plnkertons a mis
demeanor. And if the money had been
used for "legislative expenses , " ho vvenl
on "It was Incumbent upon thn state tr
show that it had been Illegitimately used
"Why didn't the other side introduce evi
dence. " the attorney naked , "showing thai
this outlay of money had been unauthor
ized ? Why did they not Introduce the by
laws of the company ? Its articles of Incor
poration do not ttiovv anything on till :
point they simply gho to the directors tin
power to make the by-laws Hut not a wort
cornea from the prosecution to cnllghtei
the Jur > on this No such question was pir
to Mr. Morsman when he was on the stand '
The fact that several rUlroad companlci
are Interested In the Pacific Express conv
pany was also made much of. Mr. Wrlgh
concluded with on Insinuation that Mr
Ualdrlgo toad been acting In the interest o
tUo express company
"I object to the statement of counsel , '
said Mr Ualdrlgo , Jumping from his chair
"Counsel well knows that I was nppolntei
by this court "
Judge Haker nald that matter would nebo
bo discussed nt all , and after a demand fen
n \erdlct of not guilty Wright sat down.
I'olnt llmlu liy tinJiiilKe. .
Mr. Ilaldrlgo spoke for over an hour Hi
flrtt.proceeded upon tbo theory that "tvv (
wrorigu do not make ono right that what
ever may liave been the record of the Pa
clfio Express company with regard to thi
i l iho defendant bai
wrongfully converted to Ills own uo funds
iclocgltig to the compnny he should bo
ound guilty Wo arc not nuking the Jury
o convict nn Innocent man , and If In their
ieatts the Jurors sitting In the box believe
udborough Innocent they should acquit"
\fter this he went over the evidence of
lunt and the other witnesses , saying ttiat
lunt had been careful to tell the truth
vhcthor It favored or hurt the stnte > side.
! o excused the method of obtaining Hunt's
vldcnce , explaining In this connection that
10 , as county attorney , had deemed It bet-
cr to get one man , a more emploc , who
ould supply the key to the situation , to
ttitlfy ngalust two other men , who were
n authority , than to let nil thrco go w Un
cut nny attempt at prosecution. Thus theme
mo t of the day was given over to argu
ment
Judge llakcr's charge to the Jury wnn Im
portant In oneirtlcular. . the Instruction
vlth reference to the supposed Illegitimate
ise of the money Sudborough had been
barged with embezzling. On this point the
court < iald
Should > ou find from the evidence In
nanner as charged In this Information that
ho defendant received the money from the
'aclfic Express company under the dlrec
Ion or with the assent of a superior oincer
and , at the tlmo of receiving such money
rom such superior ofllcor , the defendant.
cnovv that the superior officer had no righter
or authority to so direct this defendant ,
and If tbo defendant knew the money BO
ecolvcd was for other and different pur-
> osc3 than the legitimate transactions of
ho Bald express company , the defendant
vould bo criminally liable for the receipt
of such money.
The effect of this Instruction would bee
o do awny with tlio Implication of the de-
onic that the money had been applied to
'legislative expenses , " cither of a doubtful
cr legitimate nature. The Jury Immediately
retired and returned the \erdlct already
stated.
Miucin TAKHS iM.Acn OP TY1,011. .
llnxtrr Aiinlii < H Another A | > ] > rnlxcr
In Terminal Company MnllerN.
Owing to the decision of Judge Dickin
son declaring W. Uccch Tn > lor disqualified
o servo as an appraiser in the condemna-
lou proceedings of the Omaha Hrldgo and
emiLial company , because of Tajlor's fail
ure tJ show that he Is a freeholder under
bo law , a vacancy on the board was cre
ated and County Judge Uaxter Monday np-
lolntcd W. I ) . Mclklo In his place.
The effect of Judge Dickinson's decision
vas to set aside the appraisement of the
property belonging to the Hjron Heed com-
iany , John A. Crelghton , the Shelby heirs
and others In blocks 37 , 3S , Cl and 62 , and
nn amended application was accordingly
lied. In the amended petition the property
vanted for the purposes of the Terminal
company Is described as follows-
Lot 5 , block Cl , owned by Hannnti Drown
ind occupied by Moses Hcrshberg , J. S.
loll and others ; lot 4 , block 3S , occupied
Michael Smldy ; lot 5 , block 37 , owned
) > the B > ron Heed company and occupied
> j David norham , George Ilcardon and
Patrick Dutklcy ; part of lots 1 and 2 , block
( iJ , to which Mrs Augusta Lecdcr clalmb n
easehold , part of the same lots claimed
inder lease by Thomas Lowry ; part of lot
I , block 62 , lu which Henry T Burke claims
nn Intcaest , lot 6 , block 61 , owned by the
Jyron Heed compnny and occupied by
Aaron Kattcman and Victor Hurst , lot 1 ,
) lock 61 , owned by John A Crcighton and
occupied by Johnson Bros. , lot 1 , block 3S ,
tnown as the Hajes lot secured by the
Terminal company , but In which Charles
: in > es , Augusta Merrill , Charles Wassman ,
atrick Scanlon and John Rolnparto claim
casehold and other Interests , lot1 , block
61 , owned by the Shelby heirs and occupied
by Max Wintroub and Plnkus Chalkln , lot
5 , block 38 , owned by William Krug and
occupied by William Daw son and William
I. Green ; lot 6 , block'SK. ' owned by Mark
V Goad of Fremont and occupied by Ed
Johnson and John B Born , and lot 7 ,
) Iock 38 , owned by John C. Wharton and
Vlox McArthur.
This property Is bounded by Davenport ,
Cass , Tenth and Twelfth streets , and It
s here whole the company proposes to lo
cate Its depot and grounds.
Ariothei step has been taken in llio In
unction suit of John A. Scott , as trustee
'or ' the Omaha National bank and the
Omaha Loan and Trust company , against the
Terminal company over the forty-foot strip
running east of the old wire works plant.
MlldaUts were filed yesterday by both Gen
eral Manager John H Webster of the Ter-
nlnal company and Charles J. Greene , one
oC Its attorneys , to the effect that when
John A. Horbach conveyed the wire works
tract to Mm. Mary M Marshall in 1887 no
) crpetual rlplit of way was granted to her ,
if , at least , the records of the register of
deeds do not show any such grant , they
sav. Mr. Greene states that Mr. Hoi bach's
grant was purely contingent ; that Is to
say , she was given access through the forty-
foot strip until such tlmo as he would dedi
cate It us n public street , but the contract
Between Horbach and "M M. Marshall"
lever convoyed any easement or title In
the strip to the Marshalls. The titles of
ho Omaha National bank and the Omaha
; . , oan and Trust company came through the
transfer to the Morshalls , as Mrs. Marshall
sold the wire works tract to them.
One-half of this tract was valued nt
. ' . ' ,000 , in the same appraisement which was
set aside by the decision of Judge Dickin
son relative to Mr. Taylor's status. The
Terminal company has not jet filed a new
petition to co ver this H wants the entire
300 feet for switch track purposes , and In
the original petition asked that tlio whole
pleco bo appraised for condemnation ,
( SHOWS OUT OP IMJAIj IV .SIII5UI' .
nvniiH-SnliliM'-Iliipl C niiiin > hiiPH
Tno NflmiNl.a IlanUH.
A controversy over the ownership of the
luvpppiig of the sale of 11,000 shtop is the
tibject of two suits filed In the United
fcuus eourt ibj the Evans-Snlder-Buel com
pany In ono case the First National bank
of Wnhoo Is hued for $10,182.30 and In the
other the Saunders County National bank
Is asked to settle In the amount of Jfi.600 ,
The sheep originally belonged to W H.
Borgren of Saundcre county and were raised
on his lanch In Now iMexIco. Tlio commis
sion firm asserts that Bergren owed II
$8,060. secured by a mortgage on 10,000 ol
the sheep in question. It Is alleged that
Bergrcn was also Indebted to the Plrst Na
tional bank of Albuquerque for about $13OOC
and that this bank also claimed a Hen or
the Hheop. The petition further states thai
the controversy was settled by an agree
ment by which the plaintiff was to have
possession of 10,000 sheep and that these
sheep were subsequently sold by B rgror
and th9 proceeds deposited In the banks
JVerres on Edge
9 < J
Could Not Concentrate My Thoughts ; Could Not Sleep an Hour at
a Time Without Waking ; Was Almost Distracted.
After Years of Suffering 1 Was Cured by
DR. A//IJUSS' NBRVINB.
When tlio nervous syntoin Is so niu
down nmlwoin out Hint loci ) lofmus
to come to Its viHof , tlio life forces nn
rnpltlly consumed and both physical
and mental faculties' soon lose nil
power of recilpotaUon. Nerve foioe Is
ncccssaiy to run the liiiman it\ultltie ;
and must bo supplied Irnin Mime
source or It bteaKs duvui. Dr. Miles'
llcstoiatlve Neivlne nourishes tlinvo
orpins that me most In want. It
soothes the In Hated nerves , htliif-
rest and lofnMilniic sleup to I lie tired
brain , and cures nervous dlbonlets of
every kind. The following letter will
bo lntorx ) tliiK reading for tnose vvio !
are Buffering from nervous ironbles ;
"For a number of years I suffered severely
from nervous prostration. 1 could not con
centrate my thoughts , and was unable to
confine mself to nny ono thing , Tor years
I could not direct the affairs of my own
household , and could have no care whatever.
There was not a night In all that-time that I
In the shape of notes. Suit Is now brought
to compel the banks to make the claim good
with damaged.
SlVFTl'U III nSTION OP MAIIII.ITY.
Milt to Si-cure n IlulliiK ArKiicil IU--
fore .luilKo MmiKPr.
The fittlt ot the United States Fidelity nnd
Guarantee company against the Omaha Con
struction company and others was argued
before Judge Mungcr iMonJny afternoon and
as there are a large number of Interests In-
\olved , upwards of a dozen attorneys par
ticipated In the proceedings.
The case grows out of the construction
of the Hospital for the Insane at Norfolk ,
after which claims for employment and ma
terial amounting to $ S,000 were filed against
the construction company. The claim of
the company against the state was assigned
to the Omaha National bank and was paid
by the state , leaving the creditors out In
the cold. They then attempted to collect
from the guarantee company which was on
the bond of the contractors and set up the
contention that -when the assignment was
made to the bank and the claim against tht )
state was paid the bondsmen 'were released
and cannot bo held liable for debts of the
contractor. This suit was brought to socurn
a ruling on this proposition. Judge Munger
will probably hand down a decision In a
few dajs.
-ssi : OF COM.IMO.V A
South Omaha Million ItH SlmwiiifC tit
Suit IlroiiKlit ' > > ' hlinnnliiiii.
A defense alleging fraud and collusion haa
been raised by City Attorney Montgomery
on behalf of South Omaha against the recent
mandamus suit brought by John M. Shanu-
han as the son-in-law and administrator of
the late Kathorlno Driscoll of Neola , la , to
compel the levy of a tax to pay a judgment
of $2,500 against the city In favor of the
deceased and Thomas Hoctor. In the pres
ent suit a sister of ( Mr. Hector , Mrs. Mary
G. Madden , Is made co-defendant.
The position taken by the city In an an
swer just filed is that a confession of judg
ment was obtained by a collusion of the at
torney on both sides , although the notice
ot the claim waa filed a month too late ;
that Thomas Hector , then city treasurer ,
and A. L Button , the latter acting for the
city as Its attorney ns well as for the woman ,
went to Noola and bought Mrs. Drlscoll's
claim for $400 , and that the decree allowing
Mrs. Driscoll halt and Mrs. Madden half ot
the $2,500 judgment was the result of a
stipulation which grew out of that transac
tion. Hector Is the Intcrvenor in the case.
Tiitr.n OF Avim > nn iiru.
Kocn Into Court AKiilu ami .SrU a
imor.M- from HlN Wife.
Another petition in a divorce suit has
been filed on behalf of Nicholas Yager
against his wife , Louise M , In which ho bets
up the charges of Infidelity , Involving Lyman
Pago.
In the document he recalls the fact that
Page was convicted and sent to the county
lall for a year and alleges that while Tngo
was locked up Mrs. Yager often visited the
: nan , carrying him meals , whisky and other
things , . Another allegation made by Yager
Is that slio has frequently taunted him about
lier relations with I'uge.
Mr. and Mis. Yager were married at Hed
Oak , la , November 15 , 1882 , and have no
children , Page was convicted March 5 , last
year , of Intimacy with Mrs. Yngor , the
November previous ,
According to Yager's statement his wife
has often told him of her Infatuation for
Page and has several times said she would
not give up the man. Page was let out of
the county jail yesterday morning as his
term expired then. The divorce suit was
started a llttlo while later.
.Mi'lllli-l 4 ullN Th IN ( iiiiiilillnu *
Herman Mendel , who , with C D. nillln.
was one of the bondsmen of Cashier John C.
Watts of the State Hank of Neoln , la. , has
brought suit In llio district court against
James n lloyd to recover $21,125 of the
bank's money used by Watts , ns alleged , In
grain speculation The ground of tiio suit
Is that the buying of grain options and
futures through Boyd & Co. was equivalent
to gambling The money was used by Watts
GIVE THE CHILDREN A DRINK
called Graln-O. It Is n delicious , oppetlz-
Ing , nourishing food drink to take th ;
nlace of coffee. Sold by all grocers and
liked by all who have used It becauHs-
when properly pr parcd It tastes like the
nneit coffee , but IB fr < * c from all Us In
jurious properties. Graln-O olds digestion
and strengthens the nervew It Is not a
stimulant but a health builder , and chil
dren , as well ns udultB. can drink It with
great benefit. Costs abjut one-fourth as
much as coffee , ir > c and 2c.
slept over one hour Avllhout waking , and
when I would awake m > nerves would be so
unstrung and feel ns If they were on edge
My stomach - wasery weak , and I suffered
greatly from severe headaches. Wo spent
several hundred dollars with doctors nnd for
various proprietary medicines , but It was of
no use. After having been taken to Chicago ,
and having been treated by some eminent
specialist , from whom I received no boncllt
whatever , I became almost distracted. I
saw nn advertisement of Dr. MlleV IloMora-
tlvo Nervine , and 1 procured a bottle nnd
used It according to directions Its tiffed
upon mo was marvelous. The very first
night 1 slept soundly and nvvoke la the
morning feeling rested. I continued taking
the medicine until my health was fully re
covered , and , although 1 am past seventy-
seven jears of age , 1 nm doing my own
work. The sleepless nlghtx , the worry and
tired feeling arc now a thing of the past nnd
I feel many joars jounger. "
MRS. W. A THOMPSON' ,
Columbus , Wls.
cither on his own personal draft on the
Chemical National bank ot Now York or by
n draft signed by Us subordinate , J. S.
Ilermsen , from tlmo to tlmo In the jear
1SD6. Many of the drafts wcio for as large
nmouuts as $1,500 $ nnd $2,000. Mendel states
that Dlllln tias assigned his Interest to him.
The bondsmen became liable to the bank on
the defalcation of Watts
.stipulate 011 MniiKlitcr'n flitlin.
A stipulation has been filed In the case
brought ngalust lirad Slaughter by the gov
ernment to collect fees amounting to
$ ! ,4S2.7S alleged to Jiave been Improperly
charged during his service as United States
marshal , In which ono of the points raised
by the defense Is conceded. The basis of
the suit Is that the surplus fees wore caused
by falling to bring prisoners before the
nearest commissioner. It Is admitted In the
stipulation that In all cases the prisoners
were brought before the commissioners who
Ueuod the warrants and Slaughter contends
that this was the previous custom ot the
ofllce.
to Cut .Matrimonial IVUOIN.
Ann L. White , nco Mansfield , wants a
divorce from Easton A. White , to whom she
was married at Council Bluffs July 23 , 1896.
She accuses him of nonsupport , cruelty nnd
drunkenness. She asks to bo allowed to
resume her maiden name.
A suit was commenced by Dalsie II ,
against Stephen N. Marlowe on the grounds
of nonsupport and desertion. She says
her husband deserted her two years after
their marriage In Chicago , January , 1S95.
The action of Julia C , against Frederick
W. Drowlngton was dismissed by Judge
Dickinson on the plaintiff's own motion.
AnkN County to Strike Out.
A short tlmo ago the county filed an an
swer to the petition In each of the suits
brought by rrank D. Moores to recover
some $16,000 which he says the county still
owes him , nnd In the answers a counter
claim of over $20,000 was asserted. A mo-
Jlon has been filed by the attorney for
Moores , asking the court to strike out all
the counter claim and set-offs , and to make
the county confine Its counter claim and setoffs -
offs to the amount of trial fees actually due
from Moores and the fees earned by Sheriffs
Coburn , Bojd , Bennett and Drexel.
Yrrdlot AK'ilitNt Sontli Oiiiiilin.
The $5,000 damage suit of Henry nisfelder
against the City of South Omaha on tiehalf
of his son , Paul nisfelder , was tried before
a jury In Judge Powell's court. Tlio boy
fell Into a gas trench last summer and was
seriously Injured Ho was only 5 years of
age. One of his arms has been rendered
almost useless by the accident The court
In Its Instructions said the city Is obligated
to the public to keep Its thoroughfares In
.1 safe condition A vcrdlu of $4,000 was
returned after the jtny was out a short
time.
Minor Ma tier * In Court.
Judge Dickinson has reappolntcd Charles
H. Wlllnrd his bailiff for another year.
The criminal assault cases against Joseph
Marshals are on Judge Baker's docket for
trial today.
Arguments In the Injunction case of
George Stokes against Frank McCreary
were heard by Judge Dickinson Monday
afternoon McCreary had a rent bill against
Stokes , who Is n commercial traveler , and
garnished his wages nt St Joseph , Mo. The
Injunction Is sought for the reason that the
garnishment Is contrary to the Nebraska
statute.
Daisy Raymond , who had a replevin suit
against Ij Altman and others to recover
some $1,000 worth of diamonds and jewelry ,
out of which arose two contempt procecd-
Rcnd what Captain J W Woojt of nlonmrr
"Governor Snfford , " vvht'to homo Is In
Brunswick , On , SIJK of this great medicine
"It affords mo great pleasure to recommend
Dr. Miles' Nervine , because 1 have tested It
and know Us worth Overwork nnd loss of
sleep brought on attacks ot extreme nerv
ousness nnd Irrltablllt ) which rendered mo
unlit to attend to business , and from which
I eollld find no relief A friend recommended
mo to try Dr. Mllos' Nervine nnd 1 began
using It nt once I obtained benelll from the
first bottle nnd In a few weeks I was restored
to my usual good health "
Sample Treatment Frco.
A Irlnl package of Dr. Miles' favorite
treatment , consisting of Dr. Miles' Restora
tive Nervine , Dr Miles' Antl-1'aln Pills nnd
Dr. Miles' Nerve and Mvcr Pills , will bo
sent absolutely free of cost to nny person
who will send name nnd nddtess on n postal
card requesting the samplcn and mentioning
the name of this paper Address
Dll. MILES MKIlICAU CO. , Klkhart , Ind.
Ings , has finally obtained possession of her
jewelry on n stipulation that she pay tha
costs of the litigation. Her Jowclry had
been pawned.
Tun nn.\i/r\
INSTUUMHNTS placed on record Monday ,
March 13. isyi.
Will-runt j llcrilx.
Aza Matthews to Amanda , and JnmoH
IVterion , s 2S feet of lot 9 , l.uko &
T.'s ndd . . . . $ DOO
August Hatliniann and vvlfo to 1'oter
Kuhl , lot T , block 3 , Uonnlngton . . . . 350
Richard Kdvvard nml vvlfo to Martini
Austin , e'4 of vv 150 fi > ct of n'A of lot
C , bloi-k 2 , Orchard Hill 1,0"0
F. L. J ton oil to T A I'ugh , lot n ,
block 3 Albilght Annex 6T > 0
Xels Ander'on nnd wife to Chris Nel
son , lot 14 , Oak Hill DOO
Hou Pn < < n.msk > ct al to G P. Paul
et ill , nnd \ of e > 4 of vv 50 feet of
lot 14 , block SO , South Omaha 2,812
G H Mnck , jr , to r J. Lewis , lot 7 ,
block S3 , South Omaha 1
G. Ij Ilavrstlok to same , lots 1 and
2 , lilock S4 , sime. 3,6f > 0
Eiuno to same , lot 5 , 'block 71 , snnio. . . 5,000
G. H I'.i > ne , trustee , to Wlnona Sav-
IngB bank , middle Mi of lots 1 nnd 2 ,
block 3 , Walnut Illll M
Unit Claim Ii-ci : .
Truman Hui k and vv Ifo to II M. Chrl"-
tlo ct al , lot 5. In Twentfourth
Street Business Place 825
Omaha Saving * bank to II t3. Gr.int ,
lot 1 , block 17 , Smith's .idd C.OOO
necilN.
Master in Ph.meerv to W. 17 Swentzel ,
lot 5 , block 197 , Omtiha ? ,000
Special Master to II. C Evans , n 43
feet of west 145 feet of lot 2fi 13urr
Oak 401
Same to Fanny IMciccs lots 3 to 7 ,
block 11 , Cloverdalc 3fX )
Sheriff to Kmllm' Hutchlnson , lot 17 ,
1 block 4 , Orchard Hill 1,970
I S.unc to J C , Havenvycr , lot 7 , block
1 4 , DuTTonc Place 1,500
Sam to W. C Condlt , lot 57 , Kusper'fl
add 500
Same1 to Triimnn Huck. lot B , In Twen
ty-fourth Street Business Place 190
Same to W. II Urfvoort. lot4 , B , ( i ,
0 , 10. 14 to 17 , 19 , 20 and 24 , block 2 ,
Hnrrls & It "s Annex tSZ
Same to Pcrd'nand Iliinsen , lot 10 ,
block 2. Poppleton Park 1,400
Same to J H L , vy , lot 4 , block 9 ,
Summit ndd 405
Same to Abbv IllllH , (10xlS2 ( feet ut a
point H'J feet e of p line , I'lKlitocnth
street , and W5 feet n of H line neU
m\H 15-1 j-H 1,400
Stun * to J. II. Levy , part of lot 5 ,
block "U" jov\o add 600
Snme > to Omaha Savings bunk , lot 1 ,
block 17 , Smith's ndd OOl
T. H McCngue , receiver , to J. 13.
George , lot 11 , Mulonoy'x ndd 87
Tot.U amount of transfers , . . . $13,703
The
Eyesight
It the most precious of gifts. Im
paired or defective eyesight Is almost
a crime In thcso days Glasses can
bo made that will take away thcso
defects We make scientific eye ex
aminations free and can tell you If
glasses will help you All lenses
ground by a competent spectacle
man.
THE ALOE & TENFOLD CO. ,
Lend I nur Sclentlflo Optlalnna.
1408 Farnam. OMAHA.
OPPOSITE PAXTON HOTEL.
Motorman Shoes
Shoes Unit Drex. L. Sliooman bus put
In just for motormen and condnctorH
At $2.50 lipuvy double extended holes
Hex toe In all the new and foot easy
shapes cither tan or black a heavy
Kood llttlii } ; v\ell wearing shoe Then
we have another a llttlo better ( Jcnn-
Ino welt holes at iful.riO IMtber ono ol
tliesu shoes me noud for all wear and
occasions A dief-sy and at the mime
time'a Joiij ; vvearlnt , ' Hhoe You Hhonld
Judge those by our usual high value
not by priueH jou can got elsewhere.
Drexel Shoe Co. ,
Omaha' * Up-to-date Shoe Mom * ,
1410 FARNAM STUCEF.
The Kimball Piano-
A Barrel of Cream
WP'VO sold 11 ( 'rt'iit many pianos anil
' . Ire- cream fro/.en t > o Imrcl that you
they've beuii natlsfactory to the buyei.s
can carry It In your pocket for liourn
hut the one piano that has given inoio
for four SiOc Halduff Is
iinivofhiilMitlhfuctloti , than nil the only
iringliiK out a now novelty
others In the Klin hull A piano tlinl
About six vvcckK IIK < > Itvns u ruduutlon
needs no Kiiarantee yet we Kiumuiteo
to liulf irici for liln famoiiH luncheons
!
every ono we Bell It Is a piano that you [
could buy nnd bo sure nnd Ket the bent and HupiiorH and the now 1'iintcr nov-
oven If you Unew nothing about a cltlOH lie In preparing will l > tlio d ( > -
piano the greatest muMdans or the llylit of the little OUCH and a joy for
world endorse tint Kimball Wo will ever to the older folks Many a lieauti-
make very attractive piicos and tentis fill Hontlinent can he cxpiesged \ liln
on that Instrument for this week. delicious ronfoctlons Mall orders
promptly attended to ,
A. HOSPE '
. , BALDUFF'S ,
We oelelirnte our S5th liunlueni nnl-
Yernnrr Oct. Sillrd , 1800. Uacfc-lbKk to 2(30. Suppor-SiM U
Music and Ait. 1513 Douglas , 1520 Farnam St
