. ,i, -v ,-v ,j, ,j, , .
"SARSAPARILLA.
e
J IJV MARTHA MCCULLOCH. WILLIAMS.
ih J A ,I S. .a. ,-f. 4 - . . .
(Copj right. 1, by S. . McClure Co)
pher. rate n elfin dtpiie marie him a rac
r hm, a,O S ln,ilru"nt as hi. uncle.
rich and eccentric haeheir.r ...1.
r,r.fi.. .... " iu ivsora
""-'" nunc., and running them afterward
had seemed the only thine really worth
!Ti I6!", vacuU' orld. When death eame
B-knocklng at the door he did not think so
much about the je.ett name. Jt was the
,J17ard ,'ltabIe h"'h "necl upon his
wind-ao Jewett Inherited bis fortune con
tlngently upon keeping up the stabls.
Jewett did not complain. He had no con
BUminc; desire to ke?p on working, th ugh
he had worked with fair tuccers. and hard
enough to give an osteite relish to Idling
now that idling was. in a manner, a duly.
Moreover, he found himself mightily enter
talned, the turf was wholly a new field cf
observation to him. Hud Heaton, the
trainer whom Jewett hod Inherited along
itli the stable, wus a c ntlnulng delight.
ud was a wiry fellow, tlx foot at least.
Klven to dislocating the commonwealth
I-nglfrh and ret In his waja as the cverbst
log hills. He knew a horw.
" ana naing Its being
hut no.Mn- I."
ing ever mo vert him to enthusiasm h ,
WfiK th nrfni,blli- . u .i
it- -.-i
, ......,, , luc lima, ne nan a
reverence amounting almeu to awe for ped
gree. Naturally, to his mlud. It waa sacrl
lege of the worst sort to name a colt nr flllv
iih , - ..n.i uKsm '.i, uiiurr old Hugh Jewett Va'urillv
.euhrrofVhe-,;r or ,hc brlsht wruwuHein,'jeflv"-ihe pb...h0N; ri
se, when Jewett said nt a ?L e.carV ,oua" something
hearth h ,... . ' " "
, " """.,u"1 'ns-aiieu to lank -
,U16 an ncr Saranparllla! Never saw
i more palpable case of that tired feeling"'
the trainer protested:
"I tell yer w hut-
nn rrlllnr n..
,, u,. i llkiri
. , .
tiotbln . Now I had thought
Tomhanncr
wouia do just the slate "
Jewett shook his head obstinately: "Hea
ton, you arc ungrateful and short-sighted,"
fcc Bald. "The name strikes me as a noattiv.
insplratl-n. You can shorten it cither way
ln the stable it may bo Sussv. or Itlllv. t.;t
oa you chcose."
Then he strolled off, laughing, with his !
hands ln his pockets. Heaton hhook a fist i
at him and slapped the filly on her nuarter. I
wHj, ui iwiiiy. juol
n was a riuartcr full of power In fact hero '
was power everywhere, although the crea
ture was modeled on lines so ungrlnly. She
had been hlghlv tri-d and Heaton had had
great hopea of landing with her cne of the
big 2-year-old events. Now he said, spite
fully: "Win the nursery! Nuthln'. You
couldn't win a quarter race, carryln' that
name."
Sarsaparllla dropped her head and looked
sleepier than ever, nut that afternoon she
jiicked up her name and her ninety-six
pounds and simply tmothcred a field that
bad the best eolts of the heaton In It. Still
Heaton was ugly. "Walt! Tho hoodoo
hadn't had no time ter work." he said.
Sure enough, the next week, Sarsnparllla,
with her three-pound penalty, came In a bad
last behind half the colts oho had defeated
with such ease.
"H-ml ' Turn her out and let her crow
up to the name." Jewett said, sagely, by way
of answer to Heaton'a lamentations. Heaton
would not agree to that. He kept tho filly
going and she seemed to thrive on bard
work. She ate lustily, frolicked and
Tranced In her exercise, nipped her rubber
If he did not use her exactly to her llkfrig
and found nut that she passesscd a line,
handy pair of heels. 3lm also ran beauti
fully, the day beforb a race. Race daja
were her chosen seasons of elegant leisure.
After three months of it Jewett i,ent her
forcibly to gratis. Ho had bocr-impted to
tell her hut Belling, except between sca
kons, was against NVynward stable traditions.
Reside, the filly had won out more than a
season's expenses that lln-ky first time. She
came back to training ln her 3-year-old form
lankcr. leggier, ungalnller than over.
Speedier, too when she cbosc to run. The
when waa always an unknown quantity, until
after the race. Sometimes she ran her race
overnight, after her old habit. At others
she simply would not work, but went away
from the post like a lamb and was never
headed until ehe came to the wire.
If her owner had not been lucky enough to
back her decently when ebc lost and let her
run loose when she won he would have
come through the season without a thread of
character. Heaton stuck doggedly to hl
antipathy to the name, swearing dver and
over that as Tomhanncr tho brown mare
would have turned out another Miss Wood
lord, or at least a bigger Kironzi. Heaton
believed In luck, you nee. So did Jim. the
brown marc's black rubber; so, meat of all,
did Extry, her rider, who was Jim'b step
son, the Wyndward stable's second Jockey,
and as near a bundle of whipcord, ttteel wire
and whaleboneTB8 a black lad IS years old
well could be.
"I done call dat dar boy Extry 'case he
sholy wuz, th'owcd In ter do match I made.
I nuver dreampt Mrlar had Mm," Jim ex
plained to Jewett. Jewett liked Extry. So
did Sarsaparllla shortened In stablo mouth
to Sassy, as Jewett hart foretold. She had
promoted Extry. Indeed, from stablo boy to
Jockey; and would run for bltn, when she
would run at all. better than for anybody
else. As a consequence Extry worshiped
her. She reveled In long races. When Ex
try held her hard, knowing there was noth
ing ahead and the winning post u good mtlo
away, he was ln heaven. The wind of her
mad rush might almost blind him, his head
might grow dlrzy as the furlong ros.n flash?d
past, and tbe roar of the grandstand swell
hoarse and angry as tho growl of stormy sets,
but ho did not mind. Ho had only ono con
scious and vital purpose to get there first.
If he caught the thunder of hoofs behind
he lar a little further over her back and
called almost In her ear:
"Olt dar. old 'ooman! Git liar! Git dar!"
She got there often enough to make tho
talent respect her, ami tho betting ring hate
her. Sho was the unknown quantity for
evor dliturblng their equations of proilt and
loss. She was wholly without form; a crea
ture of whim and tricky InipuUe. of whom
ncr owner and trainer both said they could
say nothing except that the worse her trial '
-bowed her the better bcr race was apt to
prove her.
So there was rejoining, keen and sincere,
when In her 4-year-old form Sarsaparllla
proved a consistent loser. It appeared she
could not win, at any weights, nor In nny
company. The wise nion scored Jowett for
keeping bcr In training. It was an Insult
alike to the turf and tbe W-n.vard stable
they said. The sa)lnns each and several
II ATA nfAlllnltll ft I I nnini.'a t . I
. d' c 1 :' , :
print, vou understand and fired them at
Jewett In season and out. Jewett only
imlled. Somehow ho had more faith
in Extry than In all tho wise men.
And Extry said: "No slre-ro! 'Taint
nutfln do matter, 'ce.itln' dat de olo
roman don want ter try not er little !
or Mstaso
stamp 'side er hundred dollar bill."
Jewett walked around tho marc, stroked
her glossy sinewy ueok. felt hor clean leg,
tree of strain or bletuUh, listened to the
call it out o' Its name hat., way That ' V T VC.PKthf la" nomi"- "n.ck n
thar fl.ly'H bre,. to run-Hanger "' o'" I n k XJ?1 " ,1M ln lh,s
Great Tom mare-llttle as she looks It. You ! 1 RZ, r , ' 8 5 " W n noaty
Jt aa well ahcot her right now. as tor w I JMo 0f , b Hrd ,0 'ay.aB,n lho
nn' nam. h.. .u wtO Of It but I do SBV It's 'nnlleh In
"i ounitiuiii mai iinn i mran
bit She savlu' herstf fer somp n. No. nlr! un. var.. Sav , wilt BV.. ' . . .1 """"" ,"Jrl"'" 10 nare ,n ,l- ana ,De racff e c tradition.
1 j i-. . . .... , " Aunt .Maria, hay you win come and stay a' Acan the dozen melted heasi ri.- m in .. .
1 uuuun wuu-. uu i. nut sne Know, net , mnnth with herami ih-iii, i ,... ,, j , i i, , . "c ' ana gs snc raugnt ice judge s eye th
last dollar on dat. An' when de Ue f" ""Tk !?""..!"? w"a" ! rnen who had crowded .0 the" rail Just
come, she gwlne stretch out her neck an" ..Vnm a .. , 17 . . "uu, Bor ond the winning pcet flung their hats u
i. -- ..... . ... .. ... 101. father' Constance ald sweetly, her very wide at the turn, but Jew 0:1 r mt ,..i...... .u.u.. B . ' "al u
...... ucr iuui. unuer er-an raaho an f 1 ..,.,,, ,,.. I m. v,.... ...... w. ""U,J- '"'Uy ecauenng red apples 01
'I . .1. ..,,,, . ,j,
'V
l?v ' TUal b",ins of hcr hrt. and the
CCP ,brMthln ""or a brula ng gal op
rnd Mreed with hi. jockey. To all lleaTon's
reinon.ir.nre. he had one answer
She Iihk earned her oats altoad- You
her entrance mono, along with tbelr own."
miougn icntlment. but
...rougn wj,im. jettctt refuicj to turn her
more
. or re. ire her next season, lln .m.r
"t-eraiir in whatever events r r,n
- -" . .... . v .
to aged animals
io ine
turf. Lc it said
they are none too nlentv.
althmtfrK it,. . .
e.l worth winnlnc. Th- rhi.i.., "
within Jowett's raclnj purview wr8 the gold
CUI'' 8 :'rcl,y blt of f11"1- whlch
came to its winner br.mmlng over with gold
It
V.R R lODC rarrwiun ..
nile.-over a course to try to the utter
most breath and speed and stay. No mare
brt ever won It In all the sixty years since
,t-n uxiurc. rcma n nr frmn ik.
palmy days brfn
I Of th, "t""" 1'men
! ma'ch.n. .D' ,mnc f
. ... .. : sine.
n,ius twice that sum outside, upon
the rride of their stables.
The Wynard stable had won the cup twic-
in us nrst year ami noain in ii
iascinal
lion, was eicer to win
i It a third
time. He named ihron f i
Hltwelf. a. slashing black Hlmyar. omlng
i years old; Tenderfoot, a long-striding bav.
remotely Hirini!n,i t .j.. ...
c " ""' ",UJ aril
Ml Hn 3 Ihi. .1 a a I .....
. ...I- uvifuacu. iieaion
make old man Hugh rise un and turn nv.-r
In his oomn the idee of that corutralty
critter that woont beat a cow exceptln' tst
as the takeb the notion, runnln' In hs
I colors. I tell you when he lived
;Kn0Be(1 n'm 118 ,he' knowed old John Harper
T "eu. thcy teca hls Jarlct on top o' er
' . .. . .
nofc', lne snowed It meant er hosj raco
fr"ra Con, ,cr .ccn1"
,vcn txtry 8 fal,n to falter a
I!U,C' "Do 01,1 ooman. she des as lltcly
. ' "e aia. -nui ne lotlln
norseir get sorter fat. Whut von mairn
outen dat Marsc Jewett? Seem like ter me,
she sorter got do notion ter quit."
"We won't let her quit not Just yet,"
Jewett said. "You tell Sassy for me. Ex rr,
that if Hhe really does want to quit, she
must win the Gold Challenge. If the wi I
only do that and I am certain she can
she shall never look through a bridle again."
"Maybe Hhe mought do hit, of she tbunk
dat cup wus full er apples." Extry tald.
"She do mos' anything fer er good big bait
but L-a-w-d-eo! please, such, don' o-t
tell Misser Heaton an' old man Jim "bout
my sayln' dat ef Sassy wus ter die, no
matter whut alldcd her dam two wou d
'clar hit wus 'caBe I gin her des dem little
tas'es ob fruit."
"I'll never tell; never In ths world."
Jewett said, promptly. Then bo whlstljd
and added: "Extry, you're a special provi
dence. You havo given me an Idea "
Hh walked away chewing hard upon It.
rpplcs:
Sarsaparllla! Dared he trv It
neaion would enort maybe resign If he
knew. It was against all stable tradition
if he did try it. and the mare lost, the world
nuuiu tn mmijr any nun nna Deen iraineu
on purpose to lose. Theretofore he had not
cared a great deal what the fnnlUh world
said of the things; it but half underatood.
Now ho had to take account of Its verdict.
He was deep In love with Constance Eyre,
eolo daughter of Major Eyre of the Dluffi.
the greatest stickler for nice points of turf
honor anywhere south of Mason and DIxon'H
lino. Tho major held that a turfman's
reputation wag like a woman' Irretrieva
bly stained by oven unjust suspicion. Ho
had raced himself ln his younger days. Now !
he bred only runners, but that kept him I
fullr in touch with all matters cf ih turf I
"It's the stiffest old risk going. Bi1
hanged, though, if I don't take It," Jewett
cald, next morning, as ho walked to tho
stable about daylight. Heaton stared as
though he thought bis employer tta-k mad,
wnen jewett said to mm:
"Old man, we're going to try an experl-
ment. Yes, we. You have got to te In it
tho same as inytelf. Send ou,t Sassy this '
morning to work with the slowest thing in
the stable and make her come In first even
if the other fellow's bead has to be pullrd
half off. When whe docj come first give
her an apple a ripe red apple, sweet and
Juicy. One apple and no more, undetstand.
Tomorrow do the same thing only make It
two apples You must never get beyond
that. Keep It up all week, then let ler rt n
true. If she come) first, well and good; ths
gets the apples. If she tulks she don't. '
Stick to that program until further onlcrj.
meantime giving her every chance to be.it
the bent we've got In stall." '
"I understand, sir," Heaton said with
grim, yet elaborate defcr?nce. "But y u
understand I'll do It only beca?e I m under
contract, and furder. that I'll tell eve y
body whut I done and how I done It ft your
own special order. They'll see straight that
as the cussed critter won't win, you're
a-tralnln' of her to lose. Maybe, though,
she'll up and die o' wind oolle. Ef only she
dote, shan't hhe have or fust-class fun'rul
rosewood coffin, tllvcr handles, plate glass
and all that o' that with tho rest er the
! hosscs strune out behind In mournln'?"
"All that can be settled later." Jewett eald
airily. Then he galloped five miles to break- '
fast at the Bluffs and sun himself In the '
light of Constance's merry brpwn eyes. It
was early February, but the stir of new life '
was ln all things. Hard fa he rode be could
glftnpse the faint greening of the new grass,
pushing up through last year's brown mat,
and hear, soft and faint, the dove calls from
the wood. It was two months to the cup
day It fell always early In April. That wan
little enough time for his experiment, but a
great deal too much far his suspense. He
wanted tbe cup. he wanted Constance as he
had never wanted anything before. And he
somehow a sense that he was to win or
lose both upon that fateful, swift-coming
April day.
Three hours later he sat opposite Major
Eyre In the library at the Bluffs, smoking a
particularly soothing cigar and toasting his
feet at a snapping open fire. Constance
stcod beside tho eouth window pottering
over her plants. All morning she had
.' ,V " -u
V10" uhP."el 80 rarl'cuIarl)"
Jewett had been tempted to propose at once.
The major himself had been unusually ap-
vroc. to.. iMe in nne
ett certain he hlrarelf wes coming to i be re-
earded as rne of the famiW c L nl w
eoSe St last in
fthclai IrtxnMnton
Th Ir 111 m " , .w
..Jne, T J m t im, th!"
turneJ and said- "Constance. I It seems to
lie In vnoe
danger signals Jewett was aghast. He
jprang up to open the door for Constance, j
but the major got nimbly between. 1
I Still holding it open. he said 1
; uruy; -1 am 0105 out to
scoffed
... , ... 1 1 v. n .1 u . t .. nH .... , . .. i .
" " u -.....-o. ut en incline crass at their feel
TILE OMAHA
euDiei, Mr, Jewett. Shall I order your
orry you can t staj longer but en
gagements must be kept.
1 so with oj Jewttt said then as
they atepped outside .Major Eyre. 1 can-n-1
pretend to misunderstand you but
plc;e give me in exact word jour reauon
icr mis dismissal
I Hardly think that Is neodcl," the major
said stldly. "Ccruinly 1 do not wUh to v
to any man in my own house especially not
to one who is the htf r of my deartet friend
that that a racing man who gives auch
orders as you have done must be either an
unnearo-er idiot which you are. not
r a
f Ur., U . .a . . .... I
.u-.uuBu-idcra scounarei.
11 ! "undrellsm to try to give
-- u uuutm cnance ai me gold cut
Jewett said through set teeth
"Sir. 1 had rather in. nn a k..
- v.. n iiwial tivvtif
trained than win over r.nn mnnino inr
discredit of the!c,en r aucji a thing were ncsslbli." thp
.' Jor sttorteU. "Hut it Is Imnofaible. The
nesi wian l can make you is that that old
brute may die before this thing gets wind
and nilns the fair name of the Wynard
stable."
' "Thank you, major. 1 will at least keep
that whatever cite I may lcne." Jewett
raid, bow ing xery low. He flung himself Into
waddle and sent the hoise off at full run,
chocking only to open the lawn gate. There
he looked back and saw in an upper window,
faint and uncertain, Constance, waving him
a last gcodby.
When at last the cup race was called all
eu hide park whs one big guffaw. Not
witastandlng. everybody felt that the comoJy
of Sarsaparllla and tho applca had an under-
clement of tragedy. Jewett had backed the
mare io heavily m, to cripple himself sadly
If sho lost and it was certain a anything
In racing could be she had not the ghost of
a chance to win. Heaton eaid to openly.
He did not deny, though, that she had
thriven on the apples, nor that sometimes
6he had run for them as few mares could
tun. Dut sho had neer held her speed for
me wnoie distance and. soft oh she
tnrough Fuch unhcard-of pampering, she
could not go the route and live the pace.
It was sure to be a killing pace. Him
self had paid forfeit, but Tenderfoot was,
ln Hcaton's Judgment, fit enough and fa.t
enough to win the IJerby If only he could
be miraculously set down in bis present
fettle upon Epsom Downs. "And only to
think! Not a dollar of stable money on
him. exceptln" my little nab!" Heaton ccm
muncd with hl.nfelf "Jewttt tuuit b
plumb crazy dcclarin' ter win with ho s
Ym ETA '.V,i l x t
"SEND OUT SASSY AND MAKE HEft COME
HER ONE RED APPLE, ONE AND NO
ana mare- an tnen putttn nil wnoie pile.
'0" the ongodlieat critter that ever trod a
plate." I
ivnuninui nag one oi ine iwo even-raonev
favorlwn. Her owner's steadfast support
i alone kept Sassy as good as 15 to 1. She
'had got in very well, lndetd. Ext y wclghid
110 pounds even, co he had neither to make
weight nor lose It. He was luckier than
Bruce, the weaiencd-head Jockey, who htd
to make good with lead TcnderfoU'a 120.
Lustra), the other favorite, carried 1
Whips, conceded to be the best horse in the i
race, had the top weight. 130. Everybody
knew he was as good as anchcred by It, aa'
the books laid 8 to 1 against r.lra. I
Nobody tcok seriously any of the half a
dozen other horses. They were surerf
simply part of the proccsilon. yet well
wnrlh tonkins at a. Ihnv nar.r1.-i! nasi the
stand, necks arching, hoofs dancing, th1
ooft spring eunshlnc p'ajlng on tbe ,g y
colors In saddle so It seemed as If ralntow-i
'had teen
i For r-ach
milled over the bread itret h
there were cheers an! hind-
clappings strongest of all -for Whips, who
the public felt, was Ill-used. Even th.se
who had put their hopca and their mincy
on the other horses gave him a cheery hall
It was otherwise with Sassy,
last, and headed the other way:
'Sin's a
nrAtcInn all In herself nne irlnnlni- f 1. '
low said to his elbow neighbor. Tho neigh
bor chuckled hard: "Yes!" he eild, "an!
an apple cart beside, with come sujgctiUn
of an almanac."
"Hush! There's Jewett the man w!-o
owns her." tbe grinning man sill. The
other looked hard, and answered undsr Hi
breath: "Say, hasn't he got any frlendi?
They might have sent him to the lura lc
asylum and saved him. From all I ha
he'll hardly own a coat to h o lac'.f w ci
this butlnrs.1 Is over half an hour or so
from now."
"I don't know about that," another
said, edging ln and speaking very low-
Just from the ring. 1 tell you thoso fellows
are shaking In their shoes. Strange man
has been up and down the line, putting
hundred-dollar bets on Saa3y and, b'Jaeks,
all but two bookie have turned their slates
and those two have cut the price for her In
threes."
So many others were, about, saying the I
earn, thing, there was a general craning of'
necks to watch the btg. ungainly brown.
She held her head low and went meekly .
along as though opprrnsed with a conscious.
nciu cf her own many sins and tho futility
of her owner's hopes. He met her at the
prot, patted her lean neck and l-ald- "Re
member, old woman, you are olng to make
rr break me." then to Extry: "Go to the
front, stay there and keep btill."
"Make er chalk mark on de saddle et
you war.ter. den whup me If I rub hit out."
Extry answered. "Dats how I hear um say I
dee dane boy.i when dU yere gold cup was
fust started. I'm dca gwlne hang cn, keep
ide olo ooman's head up an' let her run her ,
I own scf
half a
The start wsa tedious
There were
dozen breaks with onc or two left standing
Satuy always moved quickly and checked at
tho rcrall cs thcugh she were a machine.
"The brute has no more life than one of the
rail nosts." Malor Evre said wrnthfnllv n.ilito '
to the starter. The major had come to seej
them cff. leaving Constance snug on a ,
coach lep in the Infield. Ho had given
ucnv.i um, a ticivtioh um. .-u a M ncari.apn cS. AS OC ElllfTeri It he shnnte-1
' . ,V L, '""V8"' ! hunger ,
man 8 lnevltabIe rulD- lor turf .
Jewett
I?" 1? w,,hoUt ,el"nK how dU 1
! honorable u waa ,u a horsp -
" ,nv,t,n ,he publlc 10 dUas,er- " " !
the more reprehensible from the far. .hnt
U .1 1.1 ,V i ,
line begin to move, keeping abreast. Twlnk.
ling feet grew faster, faster, faster tho line
flashed past, the flag drenned a rear at nf s
whirlwind went un from the packed field
tbetntJ waa caujbt and echoed la the stand,
DAILY BEE: TltrftSDAV.
A fa truJ 1. ..ri... .
lu j, i. re on. out inc.
Words w r rinmnnJ in . l.--...-
" " " "
, lvc inn nun nay arounu ine I
mile track The racer would come pan It
twl.e ere the race was i( and l'
"Come? You tnuel see this finish." th
fttartcr ald. dragftlng Jovut; away w th
him lAUfltl at 1 SIM I w, i.. L. ia
raced across the infield, hi, eroi alaed to
the glass. And thus he saw Saur e tl"
down to running in an eajy. dllletante lnh
Ion. that hardly swayed Kxiry, ttdnd.tg IM
, stirrups. He set his totth hard. He rad
I never knunn how great and lle!y bis hope
. was. Until now whrn hp nan ftnrllnr nil! 1
,hHt ll hn wn. v.i,.. Th nt ,a .n.
past before he reached the stand. It would
come again, and ye: again with who kne.v
what leading.
"Take all the toom you wants, cIj
ounan. Extry ang out to Sassy, ai he
found the others bunching and crowd n
for the rcll. "Us don'
want n- nn-Vii.
want 03 po.kl
on. Us wants ter
not ontel de money s wo
git dar an' lie wants daylight ter git da
in." Still Sassy ran as though she wcr.' cut
for a play spin. Once she mumbled the 1 1 .
and Extry's heart gave a great leap: "Ef
you's membcrln' dem apples. d3r is I a'ls
ub um fer e, In dat dar cup." he sail.
Extry had a sublime faith In Sassy's In
telligence. He was certain she undersnod
etery word.
She was almost last Just level with
Whlfe. In fact, but none of the others wcr.
io near as to make her feel uncomfortably
! out of It. Extry leaned farther along her
neck, 'B3lng: "Ole 'oaman. dls ain't no
time fer foolishness. Kust t'lng vou know,
you gwlne lose jourself an" all de net
whar Marse Jewett Is got."
They were coming to the stand for the
second time. Tenderfoot led the flcll a
length clear of everything but Lustral. who
bung at his throat latch. The supers were
tailing, the worst of them a dozen lengths
behind Sassy, who was last of the real ion
' tenders. Whips even flaunted his silky flag
ahead. Jewett shut his eye, smothcrltu
a groan. Sassy bad never won unkw she
wou all the way. It was but a mile no.
to victory and the gold cup. Already tho
air was rent with shouts from the parti am
of Tenderfoot and Lustral.
Another cry, faint, amazed, half-whlmper-Ing.
made Jewett open his ces quickly. He
saw a long, brown, moving' blur, with a
faint red dot on top of It. stream out, collar
the lcadets anil shape Itself Into a racer
agalntt the whltcy brown of the cour
'VJfc.Q
4M1UtfC. .. ...
r-i P 1 1
MM , I
i , , i
vt I, ill
FIRST. WHEN SHE DOES GIVE
MORE, UNDERSTAND.'
Scssy was running at last, running so
swiftly the eye unaided could not mark
stretch or gather. Shcriii low. with a lnnz.
stealing stride, stomach almost to earth,
neck extended, eyes aflame. After the first
cry stuuned bilence held the crowd. It had
known always Jewett'e crazy mure could
run the question was, could she stay?
Sassy answered It in her own way. Like
the wind, but swifter, she swept the out
stretch, heeling on the turn so as not to
I uto uy. suv migiu nave lanen tne rait
thero, but Extry disdained it. Straight
down the middle he came, his lips working,
tears rolling down his ashy face
I3p oIe 'owan done waked up!
OOn-ee!
he cried, 1
urw hid '
"but nobody heard him, the course had
broken suddenly Into a babel of cries. Tbey
w"e ln ,hf hack stretch now-but half a
"c f Kin cup. in ICSS man a
mlni.tP hiit what n .hnti T-n,irf.
" ' , " . v..-w..w. ,
was out of It for good, but Lustral bad com?
again. Like an arrow he nhot beside the j
brown mare, hugging the rail and runnin
well in hand. I
His flanks wore red and recking foam
flew from the bit as he ran. Extry had
flung away his whip. He wore spurs, but
Soeay had never felt their pricking. It lay
She cirao!'10")' wltn her t0 wln or 'of,c the race.
'You see dat dar
MUter Luster?" he
MlOUiea m HCT Car.
"Ole ooman, you tell
him not ter come hoderln' vou " I
Uim 1101 ler tome DOaerin OU. I
Stride for stride the horse and mare went bearing on motions to quash and to ad
tbrougb the backstretch, tide by fide they ' vance continued to September is, lli;
swung for home and the cup. Lustral's 1 Plaintiff to tile briefs in thirty day cm
inni,... n,. n. a r. n . ,i ...i.i, 1 1 ui. motion to Quush and defendants thirty
Jockey. Penny, sat down to ride with all hH ,tH,.K to rt.py ,,rI(lf. .hnmerman
might. Lxtry half sighed as he caught tho against State; submitted mi motion to ud
ewlsh of catgut and eaw the gallant black vance und for order staying writ of man
forge half a length ahead. Sissy saw it. d",""f4.?olne"
too. She laid her ears flatter than ever,
poked her nose forward, gatherod herself
and sprang even ln two bounds. At the
furlong pole she was a neck to the goad
and running strong and free. Extry gulped
'a great sob of triumph. He had followed
r man; Marse Jewetrs lea d and by the hand of h'.s
. lm, mother risked f 10 on his pet. He remem- i
bered that only dimly as one faint ingredient
In his run of hllas. He dared not lnnlr nver
h!a shoulder, but shouts and cries told him
Lustral was creeping up.
I "f Ann' l... of Anre r..n I... .4
l-de, so S two is fua." he shouted to W
I Then, for a breath, he grew blind and sick,
Right In front of him a little child, a laugh- ,
ing toddler. I years old. had. while its !
mother, a trainer's wife, was absorbed In ,
watching, crept through the rail, and stood !
crying uncertainly in the middle of the !
courae. It was In no danger from Lustral
the other horcez might also pass it un
scratched. Sassy must swerve or check or
run over It. The alternative was murder or
defeat.
Extra drew a long
' across the babel he
breath, then clear
beard Jewett shout:
Save tbe child!
"Pull up! Pull up!
matter about tbe race
Extra pulled to the outside, those b,
blm to the rail. Tbe whirlwind hoofa
"nt i
past tbe tcddlcr, and Sasay had lost
I'1"" l"uu,lr; nao lost ner
I head. She wna a length behind Lustral, even i
I with Tenderfoot and clearly disgusted with
ner I
the way she had been used. The wire was
Just 100 yards ahead. Extry groaned aloud.
"Must be de Lawd; he's agin ce, ole ooman,"
he said. "But but do try, des er little
hit mn- '
The wind was hlowlng down tbe ttretch
it brought to him a fine and familiar
fragrance the scent of full-r'pc mellow
." i ...
tsiory! Go -n, ole ooman!" Satay answered
him by such burst of speed as the West
Side park had never leen Like the wblrt-
wlnrt' thc dpvourlng flame. bhe tore along.
Pa"d Lustral. let In daylight between her
8elf a"1 h"- ad ent under the wire at a
rMe .v,.. ,m..A ...... .v. .. . V ro. ' .
...--,....v n "iibr lue ITUCr. rCCOTQ
ree
be-
P
er
They took other
applies from bulging pockets and sent them
v-Heying all over tbe shouting crowd.
When the volleying waa finished they Joined
hands and nxo-nted n nu- n.n..n .. . .
daucc, In couw or w bleb they hugged then-
jrE 2S,
moo.
sehce. Impartially and
I . ' ' aua
shook hands with
. . i
earn oiner at least a doien
.. - . . nam a tiviTii l 1 ill IB .
10 impatient Inquirers. ( neve had our
eye open alt along. We wat hej Saa, ut
work-wc knew she'd go her death for
apples and that If she'd run her best there
was Just her one In the cup race. We
didn't do a thing to the booklei! O, dear,
no! They didn't know we were londed
with apples. Hut we ll let 'em down pretty
easy."
L'ntll Etr had weighed in and Saosy wj.
parading with the big horseshoe of llower
about her neck Jcwett was as white as u
dead man.
Ho had
iw.nl.J u. V. .
n.ln I ... ...
uvvvMtvu Urir.ll, nUllll UlL'aUL
wan victory snatcned rrom
the very Jaws of it. Hp hid nulte.t nff
...c in) in ii. ne nia puiiea on
the bridle before he led up Sassy to receive
her floral piece. "I ll keep my word, old
nuiiinu ,uu suan never put on Knottier,
tin . I V. . I . , . r . . .
i s ne lursi-u me oriaie tar Hway
Tho ornU(i n!lriprt i,,r- . , , '
M", L . " , pn.e? J,"?1? . ll m.. ,w Lc lamo
.m iiuiu uviiiiHi mm iiKe a renuint
'wave. Everybody was anxious to look at
!the wonder-Jewctt walked barcheadrd. as
He knew Constance was looking at him
with her heart In her eyes. He had passed
her more than once that day. but had not
dared to approach her.
At the paddock gate Major Evrc met him.
The major was almost apoplectic of coun'e
, nance. "I have come to aeolotlic. Mr.
I Jewett." he said. "I owe you more than
apologlee. You have enlightened me have
enlightened us all. Indeed. You hive shown
us that there Is something more to a horse
than we knew. Pedigree, conformation and
all that have been our Ktandarda. and routine
our fetich. You have shown us that the
horse has what do you call It Idiosyn
crasies especially when the horse Is a
mare, lly the way. if you could think of
selling the marc that won today I shouM
line to make an offer.
Thank you very much, major," Jewett
Baiu neartny, shaking the major's hand.
.My brand of Sarsaparllla Is not for ral
still I don t say you may not have her in
the way of exchange that Is not at all
lair."
"O," the major said, more apoplectic than
ecr. then irrelevantly. "Constance Is with
mo uruces i Know stoe wants a chance to
congratulate you"
"Not so badly as I want her," Jewett sail,
very low The major answered beamingly:
"My dear fellow, there I no counting on
anything feminine, but I wish you the luck
to get her. and. strictly In confidence, I be
lieve you will."
SUPREME COURT PROCEEDINGS
LINCOLN. June 20. (Special l Proceed
lugs of tho supreme court during tho sit-
uug wnicn closed today;
."r"'"! "y HEHUIM sicca : lltlll.-al from
i "naI county, dismissed. Emm m-ninm
i tr n...i .......... . .
: .. '. noin uouciati i-ounty, nub-
on motion tu dismiss. O'Neill
Tfui "BO! . JiocK Is'and & Pucltlc
' -I"""" iu muuon io uitiniM.
riV i V win. uuiiK ugiuiim i nase; ap-
toii , . ,h . tuu"'t . aismissou. uut-
..v ufcaiiisi .utiniosn, appeul rrom Douk
las county. leave grunted appellant to tile
'l'"'"",f,V , enneuy against Polk;
?,LiJomJ hct": "uhmttttu on moi.oa
T?i..Sn?rm. -,.hc r.ePort of referee. Scho.il
?uirice aguinift Gage County;
; In. la.'.V:' ".", .uDi " 1"
EfA.i..om '-"'"stcr county, submitted on
t,ii. : "i., ""a!! a"a "uvc granted up'
1...-. ."'c. a"'ional transcript in-
i.vt -orinwestern .Mutual Life In
-""Juny against Little, appeal
rrom Douglas county, dismissed a- per
fr m,Hnn i Stewart "Balnst Allen; appeal
. j. . '"""''. puumuieu on mo
tion tO dlSmlSk. Sllll.1.. I'... ml.. ,.r.l,,.
fiBi.F0.untyi crror from GaK county, I
. u muuuii io uisminn. llcsxel
grave against State; error from Hutfulo
county; leuye given plaintiff to serve und
file briefs In sixty duys. State against
Standard Oil Clmpany. submitted on mo
tlon for order of reference. State ujalnnt
I nlon Pacific Ruilwuy Company, reivrrorl
hk per stipulation; Ed I. Smtth und K H
Dutfey appointed us refun-ew. Suuthurd
against Simpson, appeal frojii Nuckolls
county; submitted on motion to dUmlsa.
mart against Myers, error from Sarpy
county; submitted on motion to distill.
State cx rel Christy agalnct Stubbn. bub-nilttt-d
on motion for order of reference
und submitted on motion for additional st
curlty. Wlttenburg ugalnht Mollyncaux;
error from Clay county, order advancing
cause vacated and hiitmilttrd nn m.itinn
to continue to Sentemhcr IS. lliOi mul Hiih.
mltted on motion for leave to rile brlf fn by
A,'el"'t ,&j0- Gooh "Balnst Krug Hrew-
inK Lomnany; error rrom Cass count .
isubmltted on motion to dismiss. 1-Msli
against Thorp, submitted on motion to
quash transcript and 1.M1 nf exceptions
-.V " 1 aiipcm irom
uarmn county, sutimilted nn motiun to ats-
miss. Mercer nguinst Omaha; appeal from
Douglas county , submitted on motion to ut-
nrm or aismiss. i .irmcrs ana sierenantM-
Irrigation Company ueuinst Cozad Irrlca-
tlnn Company, appeal from rjawnn cjunty;
submitted nn motiun to udvuncc und leave
given appellee to serve and tile briefs In
tdxty days. Richie against Sloan, error
from Douglas county, plaintiff to t-ervu
and tile briefs in thirty duys; dismissed,
nisi. Morcnn acalnst Northwestern Mu
tul Life insurance Company; error from
Douglus county, submitted on motion to
dismiss. Adams against Osgood; appeal
irom uoupius county, aavancea. jirown
,,n.lna Rlniin- error from Pun-nee enl.ntv:
to ytrvc and file briefs In sixty days; dis
missed, nisi. Parsons nyalnst State; error
from Lancuster county, leave given to ille
amended petition instnntcr. Hortin asntnst
Ew-lnc: error from Otoe county; advanced.
Commonwealth Mutual Fire Insurance
Company uguinst Harden Uroa. : er. or from
S'STVSl Johnron!'
,,a from i-helps county; leave given up-
l.ellant to serve ami mc util-im iiijiii"i
Esser aculnst Lancaster County; error
r'""fS"r,:d
jnfesed und cause reverseu uiin -
manded as per sttnnlH'i"- -waived.
City of Kearney against Colllson;
ermr from UUltUlO Cull
CWtfM
order of dismissal made nbsolut". Hilton
against State; error -trotn Lancaster count) ,
Mutual 'iJIfS fwuJam'rSmplaKii
McFarlund; appeal from Lancaster county;
dismissed as per htl'iulutlon. State against
Stumlurd on 'p,h" ,V nV refer-
Ilinsmore agulnst State; crror from
Duwson county; leave given nininiin to
serve and tile Uriels in ninety uu
sumpslc Savings Bank against Maulick;
appeal from Custer couti'y; mibmltted.
Young Men'a Christian Association ngainst
Douglas county, uppeal from Dougtus
county, bubmltted. Persons against Mc
Donald; error from Douglas county; sub
mitted. Newman against Phillips; appeal
from Duwson county; nuim'tted MI'Huiiri
tlon of Jurisdiction, redemption allowed.
Sanders agulnet Harttnun, absolute dip
initial dented; appellunt to serve and tllo
tlon to ouash bill of exceptions overruled
, - , -j, bn, of exceptions overruled.
stowart against Allen, appellee motion to
dismiss overruled. Saline- County against
Gage County, motion to dismiss petition In
error denied: leave to plaintiff to amend
petition ln error In twenty days. Simpson
ugulnat Southard, uppeul dtsmlsseil .ncisoii
figulnsl Ilnrian County appellant to at rve
and file briefs in thirty duys. dismissed nisi.
Mcner agulnsl City of Omaha, motion ts
dismiss appeal overruled; motion to ad
vin.c denied. Farmers' und Merchnnts' Ir
rlsutu Co.npany against Cozad Irrigation
Convi.ii ; . motion to advance denied.
Blart against Myers, motion to (lUniUs
overruled. Stntc ex rel Christ against
Stubbs cause icferred nnd bv acreement
of both -artla Samuel J Ttittle aoDolntod
referee to take the testimony and report
the same with his opcitwlnns nf 'net --d
law bv Stptomber IS, 1KW. motion for addi
tional security for cost overruled. ..lorgan
against Northwestern Mutual Lift- insur
ance Company, motion to dismiss petition In
error sustained Wlttenberit against Molly
neau. advuneed to September 1. leave to
plaintiff In error lo serve and file briefs by
August 1. 1B1. Zimmerman against State,
ailvanved. writ of mandamus stayed until
the further order of court Goose against
Krug Brewing Company, plaintiff to serve
and file briefs In thirty days: dUmlssed nisi.
Reynold against Smith, motion overruled.
Ijincakhlre Insurance Com.-iany acslnst
ltiih. motion denied James against lllcln
l.ntham, motion denied. Drvden Main
against Parrotte, motion denied McLaln
against Maricle. rehearing allowed. Jenklni
SEHlrut Stto, mptlon Utnlcd. Tire AssoUa-
ion Hf jn motloriH. Strong against Ilur
i?. Cul fTom. DouK1 count) . appellant
di.mu P.und, .nle brlefM twet.tj-uay.-i
1 tlon of Philadelphia against nubv. motion
denied fstute mruinti v.k... t. .. u .. . r..
i .. . . ......... ' ' ' ' ..in. n .t oniuiKn
drier of rfreme sustained A H Tlhrieu
" IV V "rliu apt'liutl rcieiee
.MrArthur aianst State of Nebraska
hrror from Cimtcr A.Hrmed. Nonal f J.
Opinion ninl June 20
1. 8evernl unlawful Mien of Intoilratlng
liquors may b joined in the Mme itifortnu-
tlon and the Htate will nM be reniilttMl to
elect upon whbh rount It will relv tor a
eonvletlon.
A rroeoutlon fur the sale of Intoxl
(ntlr llquor without a IWnee must be
brouKht Hlthln eighteen months from th
raelrlr Hallway Company agalint Tlptou;
errr from otne (ounty. sutimltteil. Starkev
agaltift Clorduti. rrouiy Hgutnit Onrdon.
Kanre apelnst (Jortlon. Hndstna-i HL'alnst
neniili"! lll'nilin, lUHIIinH'l HI
w-.i.u.., ni'I'Tn i. iiimii I'KURiHIl IMIHI.V, Ml-
llnrjm. 1 M .1 - ..7 i.
1 iiiIssmI. Kprimr mcmiiiki Mrtinni.i i..t.rai
from Pougln county, submtttod ' Murker
ii"i" n
' "'"jr.1. "T,''
"Po"u!rn .1
ted. State tx rel Young
antral frntn i'utr .mtiiv
i urcucu ami .ninmitwd.
Tlln f 1 1 1 1, n P.. -,I,I,Ia.1 ,. . . r , ...
. nU.... ,..n...,
i before the sulireme euurt of the 5tate of
! Nebraska: A. J hunt. W. S Stlllmati.
I ucorpr itoyd, t'liarli I. Frltscher. .V
I - Talbot. II 1, gtnn.levcn, C. K Adams.
! An J"h"'0,,; J . "f f ' it' .L'.I'I
II. C. Muvnnnl. T IV VHtiOnrn. tlitircp I
Hose, Walter t Crown. Ocurge Aherti, Hoy
J. Abbott, J. II. Seabury. It. I Duff..
Robert H I'unklu, Thomu H. Munson, .1
Edgar Jones, Edwin S LiMncood
Proceedings on June 10: Korthwesfrn
Mutual Life Insurance Company HKa'.nst
Hurr, Northwestern Mutual Life rnurance
Company against Hurr and Northwestern
Mutual Life Insurance Company asuttist
Hurr; appeals from l.atiCASter county, ar
gued and submitted. Drodla .iRalnst HaHCtie,
error from Lancaster county; argued nnrt
submitted. Francis against Miller, crror
fiom Red Willow county, dismissed. State
against Standard Oil Compnti ; submitted
on motion for order of reference Dltu'morc
airnlnst State; error from Dawson county;
sentence suspended pending up'ieal. Dob
son against State;, error from Cherry
tounty. sentence uuspended and plaintiff
admitted ti hall In tbe sum of l.."Ai
The following orders were made on mo
tions: I'rlau acalnst Huhe. motion to dis
miss denied. O'Neill ncnlnst Chicago. Hock
Island & Pacific Compnny. plaintiff to serve
and mo liners t.y aukum l. r.tv; mstnisseo
nisi. Kennedy ncnlnst Talk, report of ref
eree confirmed exirpt as to finding In ques
t o-Uloti of the ofTetise.
S. A Judgment will not be reversed for
the slvliiv of an erroneous Instruction
where It is manifest that the complaining
;art:- could not huve been thereby preju
diced 4 The dellnltlon of a reasonable doubt
contained In the Instructions did not permit
the Jury to enter the field of conjeiture. but
rontlncd them to the consideration of the
evidence adduced on the trial.
Pohlman et al against Evangelical Luth
eran Trinity Church of Cletonla precinct,
(lage county. Error frmn Huge county.
Nerval. C. j. Opinion tiled June '.'0. Af
firmed. 1. A rinding based upon contllctlng evi
dence will not be disturbed on review.
i The destruction of a fence and threat
ened repetition thereof by a trespasser as
often us the fence should be replaced en
titled the owner to relief by injunction
against the Invader, even though the latter
may not lie insolvent.
3. A definite description of lands In a
deed designates the Initial point and
courses, and distances, followed by a state
ment of the number of acres conveyed,
pusses the quantity of land embraced in the
specific boundaries, though greater or less
than tho number of acies stated.
i. In a suit between othem than original
parties the description in n deed, if unam
l.lgunus. governs, and tho Intention of tho
parties to the conveyance cannot take the
place nf calls.
& Possession cannot be attacked to make
out title by prescription where the adverse
occc. int (lia not come in uuaer anoiner
and the deed under which the last occupunt
(iaiT title does not Include the land In
dlr.iute or sho any privity between him
and his grantor in regard tnereto.
Youns Mn's Christian Association
against Rawlins. Error from Lancaster
County. Affirmed. Norvnl. C. .1. Kilcci
June M.
1. The record of convK tlon of an offense
TEN
WESTERN
GIRLS
ITPHE TEN most popular girls ln this see
1 tion of the west will take the ten beft
varatlon trips in tbe country at the expense
of The Bee.
Who Are They?
Where Do They Live?
rpiIE SEVEN most popular girls ln Omaha,
- Council Bluffs or South Omaha (one to
be from Council Bluflt) who earn their own
living will be sent cn the seven belt vaca
tion trips that money could plan, with all
expenses paid and free transportation for
in escort
rpO THESE The Bee has added three trips
and will alsa oand tbe most popular
young'lady living South of the Platte River
ln Nebraska, the nuH popular young lady
North of tho Platte River ln Nebraska out
side of Omaha, and the moat popular oun;
lady In Western Iowa, outside of Council
Bluffs, on similar vacation outlnts with Vf'
free transportation for an escort.
The Best Trips in America.
CM & St. P Ry . from Omaha to Chi
cago and return over the Milwaukee road.
At Chicago there will be two days' stay
at the Grand Pacific Hotel. From Chicago
to New York und return over the Lake
Shore and New York Central road, with
ten days' at the Hotel Majestic. (Clasa A )
Burlington Route Omaha to Estes Park,
Colorado, with ten days at Estes Park
hotel Return via Denver, with threo duys
ut the Brown Palace hotel, with u trip to
Georjtiown and Silver Plume through
Clear Cieek Canon. Return to Omaha to
be made b the Burlington Route,
tciass A.J
Burlington Route. A daylight trip over
the Burlington Route from Omuha to Chi
cago. Two days at the Grand Pacific hotel
at Chicago. Chicago to Lake Clenevu, with
two weeks at the Kaye's Park hotel. The
return trip will bo via Chlcugo over the
Burlington Route. (Class II.)
Quincy Route. From Omaha to St. Louis
over the Omuha & St. Louis and Wabash
roads, with threo daye ut the Southern
heiel. From St Louis to Toledo, with a
nay s siop ai ine
Tolf;!?.i'; rut-'"-l!a'.?" n? of the Detroit i
.11 me. nuuui riouse. i-rnm
cv Cleveland coast line steamtrs. Two
weeks ut the Hotel Victory ut Put-ln-Buy.
Return to Omuha via the Wabash road.
Hiass A.J
fnlon Pacific. Omaha to Salt Lake City
via the Cnlnn Pacific. Ten duvtt at the
Hotel Knutsford. Return via Oenver with
three duys ut the Brown Palace hotel and
H day'n excursion around the Georr-einun 1
lnn rli.Qa A
Rules of the Contest.
Class A.
The ycung lady receiving the highest number of votes will have first choice of
.'Isti A trips, the next highest second choice, and so on.
No votes will be counted for any young lady who does not earn her own llTln.
No votes will be countrd for Omaha Bee employes.
Tho votes will be published each day In The Omaha Bee.
The coattot will dote at 6 o'clock p. m. July 21st, 1600.
Class B.
The three trips dealgnated as Class B, will be awarded to the moit populir youn
.dy without restriction as follows:
One to thc raojt popular young lady living In Nebraika. south of the Platte rlter.
Oae to tho most popular young lady living In Nebraska north of tb? Platte river
tttlde of Omaha and South Omaha.
One to the most popular )oung lady living In western Iowa, not including Coun-
1 I-IlUiI3
The youns lady of the threo winners who recelrea the most votes, will have Aral
solrc of three trips, and the one receiving the next greatest numtcr. second choice.
All votes rami be made oa coupons cut from The Bee.
Prepayments for subscriptions may be made either direct to Tbe Bee PullUblni
Company, or to an authorized agent of Tte Bee.
The votes will be yubllabei oich day In The Omaha Bee.
Tho contest will clcse at I o'clo:k p. ra, July 21st, 1S0O.
Who is Your Girl ?
Vetej will be counted when made on a coupon cut from The Oraahi Be tad dt
posited at The Bee business offlc or mailed addreeted "Vacation CanUit VoL "
The Oaaba Dee, Oajaha. .Neb. v '
below the grade of a felony is not admissi
ble to afTert the credlbtltlx ef a wltnes
Nebraska Telepnonc Comprint agalnt
jenes Kmr from tsrp Cn.intv AN
' ul5t J opinion hied June :
I. While the plaintiff, nil old muti stated
on a load of baled h. . was driving a
spirited tem down a steep hill he encount
ered the stump of a tele-.hone pole which
stood In the middle of the travelel rood
and. being thrown to the rnunt w.n se
verely Injured At the tlm of the accident
be was endeavoring to prevent the wagon
from pressing upon the horses and was not
thinking of the obstruitlon ln the hihw iv.
Held that whether he w. under the lr
cumstances. guilty of contributor- icsll
gence was a question of fact for tne itiry
I ln an acttcn for ilamares ren:;liig
from un Injury taiised bv an ohMni' tlon In
a road over which the plaintiff wn driving,
n verdict in favor ef the plHlntlff based
upon conflict ins evidence will not be dis
turbed 3. Evidence examined and found to sup
port the verdict
I A Judjment will not be set aside for
error ln admitting InitnatrrUI evidence
where It appears that mirh evllence had no
harmful or mischievous tendem-v
S. A pnrtv to avail Mmseir nf an error
of the court In refuslne to permit a wit
ness to answer a question must make an
offer tn prove the fact sought to be
elicited.
6 It Is not error to overrule a motion
f-r a new trial grounded on newiv riis-
covered evidence where tt 1 not shown
, that the moving party, befono the trial
l used due ltlleence to nrocure the evidence
. ei,t. claims to hae discovered since
tr tr'a'
' A mntlen f,.r a new trial nn the ground
of urn-).- i).., -ovr red evidence should, or
dlnarllv be s-'porled bv the affidavit of
the pnrty r.'aklntr the aptillcatlon. as well
as bv the ntlldavit of his attorney: and tne
affidavit nf the new witness should nlso ha
produced 0r Its absence satisfactorily ac
counted for
Dovey et nl against McCullnng'i et al.
Error from Cas count v Alllrmed Nor
val, C. J Opinion tiled June JO
I. An appeal to this court does not oper
ate as a stav of proceedlnu unle the ap
; client shall execute n soperredeas bonl
within twentv days from the entry nf uch
decree, conditioned as required hy section
CTT of 4he Cmle of Civil Prore.lufe
I All objei-tlnns to the aiipralsement nf
property. In be available, must be mnde he
fore the sale.
3 A copv nf the appraisement Is re
quired to be filed with the clerk of the dis
trict court before the property Is advertised
fo- sale
State of Nebraska against HrMiin Kr r
from Stanton county Exceitlons v
talned. Norval C. J Opinion filed June "
1 The Oeneral Statutes of UTS n'e pre
sumptive, but t-ot conclusive, evidence of
ennctment of a law- published therein.
I When tvere Is n variance Iwtween sr.
enrolled hi"' deposited with the secret iry
of state and a printed publication therof
tinrtiy legislative mitlinrltv. the enrolled
a ts .overn and control.
1 A nurely aemeiidntory act must et
out the section as amended, and In addition
contain a provision for the reneal of th
old section sought to lie amended
t Chapter 11. laws 1STR. amendatory of
certain secllnns of the Criminal Code. In
cluding section 20S. relating to adultery. Is
Invalid since It contained no provision of
tN repeal of the sections amended us by
tho constitution required
5. ln construing n statute, words should
be riven their usual meatilntr
S. Under section luS of the Ctlmlual Cnd
a single act of sexual Intercourse by a mar
ried man with an unmarried woman consti
tutes the crime nf adultery.
Save
take a
your
trip.
coupons a i.i nelp scmo girl
InrcstlKntlMK Ice Trust.
ALBANY. N. Y , June 27. -Justice Allen
Chester today handed down Ills decision in
the American Ice company case, whl h i
against the company on all polnte and
vacates und sets aside the veils if
prohibition Issued hy Justice 1. c.nly
llerrlek. which restrains Referee Myer
Nussbuum from examining the officer of
that com'inny !n the proceedings Instituted
against them before Justice Chase. I'nder
this decision Referee Nussbuum ran go on
with his Investigation of tlu companj. 4
affairs.
w. .. 'iwfc
" r js- yc--3
Rock Island Route From Omaha to Den
ver over the Rock Island Route, with three
duys at the Brown Palucc hotel, a days
excursion up to Georgetown through tho
Clear Creek canon, uiuuml tho Loop, re
turning to Denver tcium t veiling. v rom
Denver to Munitou mi ,.n ., 4, l. .
with three days at Manttou and a trip lo
Plke'a Peak vU the t-oKwhcel Routt
From Munitou over the D &. R (I. to
Glenwood Springs Ten days at the Hotel
Colorado at Glenwood S,irtn before re
turning to Omuha (Clus It ;
Missouri Pacific Rallwu Omaha Kan
sas City, with three da)s jt tlu Coates
house. From Kansas citv to Warrenhurg.
Missouri, and Pertle Spring Two weeks
at Pertle Springs at the Hotel Mlnnewawa
Return to Omaha K'la II i
Northwestern. Omaha to Chicago via the
Northwestern, with u duy s stop at the
Grand Pacific hotel Chicago to Green
lake, Wisconsin, with two weeks at the
Oukwood. hotel. Return via tho North
western. (Class A.l
Northwestern. Over the 1,'r i.-n
horn & Missouri Valley Railroad to ' Black
lfiiia n ,i int o n .1 .. , , . . :
there will IVW week' a- V'VS"
Hotel Evans. (Class A )
Illinois Central Railroad, from Omaha in
Chicago via the Illinois Central road wi h
a duv s stop at the Grand Pueine hmi
From Chicago to ChnrlevoU. Michigan, Ma
the Pere Marquette Railroad. Two weeks
, at rh.-la..nl . th 11. 1.. 1. . ". "CfriH
turning via the steamship Maultou to Chi',
caco. and the Illinois Centrul to Omaha
- ....... . t . ui. m kitr i.rniQrri notel re-
'(Class A.)
T
