12 FENCE FIUIT UP IN COURT Rittirt Ftce a Ohorge of Contempt Before Judge Dickinson. CATHERS BEATS OUT THE CITY AT LAST Lotift Draivn-Oul lllntiir llrrr n Strip of I, mill : il n In I'miip of (,'ltlxen t Clnltuntit. A concluding chapter to the story of n flvo-ycar flht over a fence marking the boundary bctwetn two farms In DoukIus county lit belnx written t.y I ho stenograph ers In JtidRc Dickinson's court. John N. Hitter nml nln sons, Charles, John ant) Frank, nro heforo his honor for contempt In having violated a restraining order Is sued In January, 1000, preventing them from destroying or removing n certain fenco constructed by Frederick A. Ileycrs ntnnK a boundary marking delineated by the court. The Hitters are charged with hav ing removed tho fence on tho night of Jan uary 11. A good many years ago tho Hitters and Itnyrrs, who own adjoining farms, had a misunderstanding over tho boundary lino. Thoro was a spring protty near tho line and both wanted It. Tho men quarreled llrst over tho uso of the spring. Then each claimed It, contending that 11 was on his property Tho Hitters built n fence, shut ting off thu Ilcyrra from tho spring and tho Heyrrs promptly toro It down. Heyers brought suit In tho district court and se cured a favorablo decision anil an Injunc tion restraining tho Hitters from meddling with tho feuce. Tho matter stood for n month with no de velopments, but on tho night mentioned tho fenco wus taken nway and tho complainant In tho present proceedings has filed nfllda vlls to tho effect that tho Hitter boys havo made boasts that they destroyed tho fence at tholr father's bidding. Half n hundred nclght.ors of tho contestants wcro In tho court room during tho hearing, many of them being thero to testify. At thu outset witnesses declared that they had seen a wagon and team belonging to thn Itlttern leuvlng tho locality of the fenro on the night In question. No additional details wero brought out nt yestcrduy's session of court. ('ntlii-rn' I'i-iicp 1VIII May, Tho old controversy between tho city nnd John T. Gathers over tho famous fathers fenco on property at Twentieth and Locust i-trcets has been settled by a decrco of tho district court conllrmlng Cathcrn In tho ownership of tho propecty. For a good many years tho city Iiuh contended that ncros'i thn fathers property Ihero Is a strip which Is not Included with tho rest, but In for tho uso of tho city its a street. On n number of occasions Gathers hats built n fenco barring tho roud nlong tho strip lu controversy nnd employes of tho city, not ing under tho advico nnd Instruction of tho city legal advisers, hnvo torn It down. Sev eral personal encounters resulted from the iiarrcl and tho courts havo been called upon on more thnu ono occasion to deter m I no which set of disputants wcro in tho right. Tho decrco by Judge Fawcett puts nil end to tho quurril, ns It specifics that tho city has been in tho wrong In Interfer ing with the fence. A perpetual restrain ing order forbids tho fenco being meddled with In tho future. Court iiti-d. Tho Jury In tho case of the State against John Klllnt, charged with having assaulted A. I. Henderson, returned u verdict In favor of tho defendant. John IT. F.leh, tho railway mull clerk who Pleaded guilty to embezzling registered letters, has been sentenced to a your and u day In tho penitentiary at Sioux Falls, tho shorest tlmo permitted by tho Htatuto under which ho wus Indicted. Clans Minister has brought stilt In tho county court against John McArdlo to re cover $317 alleged to be due on an agree ment by which ho drilled n well on the defendant's fnnn. Judgo VIiiHonhnler is hearing tho testimony In tho cupo. Charles Ward plead utility to tho chnrgo of breaking and entering In tho daytime with Intent to Hteal and iviih sentenced to six months In Mie penitentiary by Judgo Uakor. Ward entered tho stables of Chrlstln llros. In South Omaha and stolo n luirncsH. l.eo L. llassett has commenced suit ngalnst tho Union 1'aelllo railroad to re cover JI5.0KI damages for Injuries received on February 18. Hassett was a switchman In thn ynnls. Hu suffered tho loss of a foot. It Is alleged, owing to defeetlvo brakes on a freight car. District Clerk Frank Hrondwoll and Goodley Hrucker spent Wednesday nftcr noon gunning for quail In tho vicinity of nilmore. They enjoyed u llve-mlln tramp, but were rewarded by seeing no birds, al though other hunters havo shot n few In tho ueluliborhood. Judgo Vlnsonhaler has fined Otto Hurman V) and costs for having assaulted Morris Morran on November 23. Tho two men nro farmers living lu tho county. Morran bor rowed a shotgun of Hurman and neglected to return It. furnishing a ground for n Miiarrol that resulted lu tho assault. Papers in final settlement of tho O. F llavls estuto havo been tiled with the county JiiiIko. Tho admlnlHtriitors, Thomas A. Croigh and I. A. Ferine, ask for dlsehargo. They havn turned ovir to the heirs J2,5fi'J In rash and real estate valued at JlO.Ooo, Tho estate hns been running for thirteen years. The Jury In thn federal court has been flxcuxed until WedncMlay, January 2, 11 1, nt which tlmo tho trial of tho case of tho United States against J. Albert Davis Is set for hearing. The caso against Charlos R. Cotton will be set for hearing next Saturday, at which tlmo thu defendant will bo nrralgned. Adeline Fair, administratrix In the Ntnt of James U. Fair, hns petitioned tho district com t for damages In tho sum of $10,000 from the t'nlon Tactile Hallroad rompany mi account of an accident on November 1. when Fair lost his life. Fair was an engineer. While In his cab tho engine was struck by unother locomotive. It Is as serted that the accident was duo to n fenco that prevented the men In one engine from seeing the other Atinotineeinr-iitu of tlir Theater, The popularity of the Orpheum is being strongly attested this week, right In the faco of tho absorbing Interest of tho ante holiday season, which Is looked upon as a kind of off tlmo for theaters. The mag netism of good, high-class vaudeville Is drawing big and enthusiastic houses. On Saturday n souvenir matinee will be given and thu plcturo of Jessie Couthoul that will bo given to thojo who nttend will bo a fine additional attraction to the regular program. Ucclnnln with a matinee Sunday after noon and continuing until Christmas night, Including a matinee Christmas, thn peer less exponents of farce-comedy, Murrny ond Mack, with a wealth of attractive scenery ami electrical novelties and an exceedingly clever company of specialty nrtlsts, will Inspire genulno Christmas mirth at Hoyd a theater. Hercules MlnliiK Co. Ntrlkc It Itlcti. Omaha stockholders will bo pleased to learn that tho Hercules cut a seven-foot vein of high grade copper after going through twenty foot of good concentrating ore This mino is located at iiattio i.aKc, Carbon county, Wyoming, In tho same dis trict ns tho famous Fcrrls-Ilaggerty and Doano mines. Very I,ow, Hates cast, west, north, December 22-3-4-5, HI, January 1, via THK NOHTHWKSTKHN LINE. 1401-1403 Farnam St. llollilny llutm lltirlliiKtiiu Itoutr. December 23, 24, 25, 31, nnd January 1. Iletween stations not more than 200 milts apart, flood to return Until January 2. Tickets 1502 Fnrnnm street. I'atronlzo tho young ladles of tho First llaptlst church when buying your Christmas candles. Sale Saturday nt T. II. Norrls' store, 1C17 Douglas street. Finest homo in ado candy. Tho ladles of tho Walnut Hill M. R. church will havo n bnrar nt tho People's Btore, ICth nnd Fnrnam, Saturday, 'I'nn Fust Train to (.'hlrniro Via Illinois Central Hnllroad. Superb equlpmont. Ticket olllco, 1402 Farnam St. Sam'l Hums, 1318 Farnam, Is Selling n real cut cruet, JI.2G. Wanted, n good man to do canvassing In tho country. Oood pay for right man. Ad dress E 4, Dec. in i:d. SANDF.S Mrs. Johanna, nt family resl- ui-nur, i wi'iu -Fixin sireeu Funeral Saturday morning nt 9 n. ni. In terment Ifidv K,ntl!rhri. Cnitnp rfnnlHn (In.) papers pfcaso copy. Perfume Prices Wo hnvo neat packages of Perfumes for 10c. Perfumes for 25c. Perfumes for 50c. Perfumes for 75c. Perfumes for $1.00. Perfumes for $1.25. Perfumes for $1.50. Perfumes for $2.00. Wo havo perfumes nt the abovo prices In tho following odors: VIOI.KT. CHAH APPLE, JOCKEY CI,UH, WHITE HOSE, LILY OF VALLEY, DAISY QUEEN, CASHMERE HOUQUBT, QUEEN OF HOSES, PHISCILLA, CAHNATION PINK, GAHLAND OF VIOLET, NEW MAWN HAY, PARISIAN nOSE, SWISS LILAC, PANSY BLOSSOM, EDENIA LA FRANCE ROSE, MARY STUART, WILD OLIVE. FHANOiri'ANI. Tho nbove odors of tho manufacture of ALFRED WHI01IT, COLGATE & CO., SB ELY MFC. CO, LUNDIIORO, DADROOK, SOLON PALMER. ADOLPH SPIEHLER. Hundreds of styles of fancy perfume atomizers. Sherman & McConnell Drug Go OMAHA, Cor. 10th nml Dodge, Rookwood Pottery An artistic production Hint ranks among the highest in the world, each piece t lie work of an artist who signs it no piece is ever reproduced. Those that are looking for holiday gifts will be quick to recog nize the artistic quality and freshness of Hookwood, While looking at, these troods an insnection of mn- elaborate cut glass room may not be amiss. 15th nnd Douglas. Store open m ,,,-1 c II 1 1 J evenings. MRS. J. BENSON Christmas Presents Come Wo'vo sot millions of thorn nnd can please you In nnd see our stock. Fur Collarottcs and Scarfa, from the lowest prico to the best. Children's Cloaks nnd Caps. Silk and Mercerized Skirts and Waists. Handsome Hosiery, Finest stock of Kid Glovos for the money one dollar nnd up. Ilcautlful Umbrellas, $1.00 and up. Neckwear, Perfumes, Stationery, Art Needlework, Sofa Pillows, Ccntora, Doylies. Scarfs. Pillow Shams, Handkerchiefs finest stock In Omaha. Hair Ornaments. Jewolry of nil kinds, Real nnd Imitation Shell Combs. ADrons. Dressing Saenuen. Gents' Mnffl, 800 our Novolty Counters, filled with Toilet Sets, Traveling Cases, Manlcuro Sets, Handkerchiefs, Tie and Collar and Cuff Iloxes, Cllppln? Cases, Folding Mirrors, Mil itary Ilrushes, Calendars nnd many other things. LARGEST AND PRETTIEST STOCK OF DOLLS 11 IN OMAHA dressed nnd un- iMii. in. v ii.vn: Vln Hook Inland Itoutr, West of tho Missouri river, ono faro for thd round trip. East of tho Missouri river, ono nnd one-third faro for the round trip to points within n distance of 200 miles. Tickets on snlo December 22, 23, 21 23 nnd 31 and January 1. Good for return until January 2. City ticket office, 1323 Fnrnnm street. HALF It ATI5S To Kntixii ('It;' nml llrturn. On sale December 22nd, 23rd, 24th, 25th, 31st, nnd January 1st, via Omaha & St. Lculs railroad. All Information at city ticket office, 141G Farnnm strcot (Pnxton hotel block) or write Harry E. Moorcs, Omaha, Neb, Holiday It n ten Hurl Ink ton December 22, 23, 24, 25, 31, ami January 1. Iletween stations not more than 200 miles apart. Good to return Until January 2. Tickets at 1502 Fnrnam nnd nt Durllngton station. Itoiitr. HOLIDAY n.VTKS Vln MUftoiirl I'nrlflc Ily. December 23, 24, 23, 31 nnd Jnnuary 1. For further tnformntlon call nt com pany's offlcc, southeast corner Fourteenth and Douglas streets. MOHTOX STOHIJ ItHMXAM'S. Our Orniul Frldny llemnniit Sole Will Tnkr 1'lner In lliiftiMiii'iit TimIii, GRANDER DAHOAINS THAN EVER. To avoid tho rush on our main door, all short ends, mid piece of dress goods, silks, velvets, cloth, etc., will bo sold lu base ment today. All remnants of dress goods In dress lengths, skirt lengths nnd wnlat lengths go on sale In basement today In thrco lots: All 50c dress goods nml cloths, 15c. All $1.00 dress goods nt 25c. Alt $1.50 dress goods nt 49c. All tho fancy nnd plain colored nllks In short lengths and Btnall pieces, In fact overy piece of silk In our entire establish ment under n yard will be closed out to day at 2c, 5c, 10c, 15c and 25c for entire piece. All tho Imported dress goods sample pieces that match go today nt 10c nnd 23c. All the pieces that do not match go to day nt 6c. An elegant lino of silk velvets In nil colors nt 49c. All tho bright-colored nnd black mous scllne de solo go nt 15c ynrd. I10STON STORE, OMAHA, N. W. Cor. ICth and Douglas Sts. HAvni:.' cloak s.u.ns. li:7, ono .ImcUi-Ik, Mill nml Vttrn nt 1'rlor Deliiyi'il liy the It, It, Co, AT Hl'FFALO, Ladles' $2.00 rollarettes P3e. Ladles' $18.50 stono marten scarfs $12.00. Chil dren's sets 95c. Ladles' $12.00 marten senrfs for $1.98. Ladles' silk underskirts, worth $10.00, for $5.00. Ladles' $15.00 suIIh $0.93. Chlldien's sets In Krlmmer and other furs nt $2.60, $3.0?, $1.00, $3.00 nnd $0.00. Ladles' muffs at $1.00. $2.00, $4.00, $0.00. $S.0O and $10.00, Ladles' beaver capes, worth $125.00, for $59.00. Ladles' dressing sacques, worth $3.00, for $2.50. HAYDEN I1HOS. Open evenings. Visit tho home of Santa Claus on main floor. Wanted, 100 people to buy 100 lbs. of homo-mndo randy. Sale Saturday, Decem ber 22, at storo of T. I). Norrls, 1617 Doug las street, n'isplces of tho young ladles of tho First Daptlst church. iioMi:sr.r.ia:uv i:ct it sio.ns. Vln MIuniiuH I'nelllc Itnllivnj. Hound trln tickets will be sold nt very I low rates to points In Kansas, Arkansas, 'rotltliuoct Missouri, Oklahoma nnd Indian Territories, Texas, etc.; also to certnln 1 points lu the south nnd southeast. Dates 1 of role llrst and third Tuesdays In tho mrnths of January, February, March and 'April. For Information, pamphlets, etc., jeall or write company's agents, S. E. Cor. lllh nnd Dnuglns Sts., Omaha, Neb. I THOS. F. GODFREY, P. & T. A. j J. O. PHILLIPPI. A. G. F. & P. A. I Wanted, n good man to do canvnsslrg In tho country. Good pay for right man. Ad dress E 4, Dee. HAYDEHs Open Evenings. Special Sales Friday on Dolls, Toys & fancy Goods. Ilcautlful Fockotbooks, from the lowest price to the best. To dispose of our immense stock we have taken a big lot of tine toys, mostly in the heavy lines, such as Hobby Horses, Velocipedes, Wagons, Doll Trunks, etc., etc., and cut, the prices al most in two for I'ridny's sale. Fine iron wheel (Jo Carts, worth 75c. at :iik Kegular $2.00 Crok inole Hoards at OHc. Your choice of all Steel Trains, Fire Engines, Hooks and Ladders, worth up to i"0c, for 10c. Hoys' .'He Sleds at 0c. Dolls F,(m lt' UI W M,low Sl11 sizc8 !,n(1 nl1 ,im,s- T)(,,Is n,a S,(,P "! 1(U Hi" stay UXJALlD awake. Santa Clans brought a full carload of them with him to his home here. Hayden Hros. are almost giving them away. We must sell every one of them before Christmas. Prices are the lowest ever quoted. You can find what you want. ClB.tt1GS I,1,n(ll'(,(lH of entertaining games suitable for Holiday C.ifts. One hundred "'.vies of box games, worth JO, on sale at IU: Parches!, Oweja Hoards, Parlor CSoIf, The Wars, Foot Hall and hundreds of novel and interesting games on sale at less than half the usual prices. All toys and fancy goods must be sold. Friday you can select what vou want at a big saving. Assortments arc complete. THE ENTIRE MAIN FLOOR FILLED WITH HOLIDAY GOODS. Unequaled, complete and convenient displays at lowest prices. W&tdlGS A groat assol'tnu'nt of n" t,ie reliable guaranteed makes in ladies', boys' "'Vllk5 mi men's watches at fully one-third less than the usual prices. Hoys' regular 3.00 American Watches, in fancy nickel cases, on sale at l.0S. Sil VPfWfirP 21p mive !l nun,,)('r r liiW tables on our main floor tilled ....... .....v) 1 v t uiiu 141 niHiifir Jjm r.i fi r.1 1 - l l I J ,11111 ebony goods at L'oc, BOe, Toe, $1.00 and up. They are the most appropriate of all holiday gifts. A complete line of berry dishes, cake stands, butter dishes, tea sets, knives and forks, etc., on sale at big reductions. We show the finest line in the country. A visit will settle the question of what to give. O'nffJi GldCCAC Very seaspnable and desirable. See this magnificent line Ave Wc have them. have to offdr you. Gold spectacles make a very acceptable gift, China Dept. In our China de partment you will al ways And uaeful and beautiful Xmas pres ents. Our 5c, 10c. 15c and 25c displays are a wonder. Anything made in glass, china or metals you will find in our china department. Fine imported water sets from 89c up. Lamps tho largest line you ever saw. and prices tho lowest. Dinner sots from $5.69 up. Cut glass Dorflipger's celebrated cutting Pieces from 20c up. Bric-a-brac The only complete line in Omaha. Toilet sets from $1.09 up. If you don't know what to buy, our china department will help you. Books Ml the poets, the new novels and hundreds of handsomely bound gift books of all kinds on sale. Nearly half our holiday selling space is devoted to books. I lay den's have the books. H.OOO elegant lOmo books J2c. .'5,000 elegant 12mo books JLMc 1.25 copyright books 25c. Albums at half "price 20c crepe paper 5c. Initial Hemstitched Handker chiefs 5c. Slippers Ladies' tine Turkish $1.00 house slippers on sale at -10c. Ladies' line felt fur trimmed .luliet House Slip pers at 9Sc, $1.L3 and $1.48 worth 1.50 to $2.25. Ladies' tine satin fur trimmed fleece lined hand turned Juliet Slippers at ?l..'J5, $1.50, and $1.75 worth $2 td $2.50. Men's fine Velvet Embroidered Slippers nt J9c, 05c, 85c and 08c, worth $1.00 to $1.50. Men's line leather Slippers at $1.00, $1.25, $1.15, and $2.00, worth $1.50 to $.'.00. Jersey Leggings at. 00c, 75c and 08c. Hoys' 75c Canvas Leggins 49c. Christmas Candy The purest and best, and freshest candies, nicely put up, at the very lowest prices. HAYDEN BROS CKristmaLS Celebrity. TUVl very earth throbs in unison with the kindly Kilrlt that iirevtills throughout the house. Wherever the eye waiulers preparations have been made for this celebration. We ven ture to say that no other house hereabouts shows bucIi a collection of trustworthy holiday Merchandise. finmijiiin Christmas Clothing. EXPIOKIISNCMO is the stepmother to this business. Tor nlmost Iwenty years we have Htudletl tho wants of our citizens. See how close we've come to llndlnj; out the wantable things that nre useful as well as appropriate for holiday gifts. Men's Winter Overcoats WE suggest this coat for a useful and appropriate gift All wool oxford gray overcoat, with velvet collar and llnely llnlshed tho touch of the artist tailor Is embodied In this garment -(he lit Is posltlvo,nuperla tlve the style exclusive with this storo the equal can only be had at the high grade tailors and, at three times the cost. You are expected to believe only what you see nnd these coats are bore, ready to compare with our advertise ments when we say II, It's no The price to you - $8 Boys' Clothing. TAKE the lield of merchandising in all its various branches, and in no one can you Unci the same marked Im provements as In the making of boys' clothing. The little boys' clothing business Is taking a wider scope each season, nnd, In no store within your reach can you save as much money In your boy's clothes as at this store. Store Open Evenings Today is the shortest day of the year. Please give us your order early for PENNSYLVANIA Beet hard coal Best Wyoming coal You will like our service and be pleased with the coal. VICTOR WHITE, 1605 Farnam. Tel. 127 GORHAM SILVER Ra'ail SoIh riiorolato SoIh Ico Cream Sots- Urrry Howls Knives l-orks- SpnniiK Fruit KrtH-nml hun- Blore. " "l I look foii tin: on; S. W. LINDSAY, THE JEWELER jr.iu noi ;i,.s stki:i:i'. HOLIDAY SUGGESTIONS Useful as Well as Attractive KODAKS AND CAMERAS W hat better present could you ctivo vour bov. vour cirl. your wife, or buy for yourself than a camera? We have a complete line running from $1.00 to $50.00. Free instructions to all customers. Como in and let us talk it OTer with you. Magic Lanterns... We havo a large line of firfit-claflB Magic LanternB at very cheap prices not mere toys but good, practical and Bubetantial goods. One of these lan terns will make a suitable present for either tho young or old. Let us show you the line. Steroscopes, Microscopes SPECTACLES AND Eye Glasses Make father, mother, or some dear friend happy by giving them a pair of glanses for Christmas. Wo will fit the frames to the face and put lenses in to suit after Christmas, or bring us a pair of the glasses now De,nSBM used, ana wo can place the nam ePjgltjjr loiib-ea m a nico pair of Gold Frames. A Few Practical Presents OPERA GLASSES READING GLASSES FIELD GLASSES GRAPHOSCOPES THEMOMETERS BAROMETERS WHITELY EXERCISERS HOT WATER BOTTLES PERFUMES HAIR BRUHSES Sent by Mail Should you deslro to try AVlilto nibbon Kmneily, wo liavo It and will Mend It pre paid on receipt of prlre-Jl.W box. f'rumor'H Kidney ruro 7.10 I'arter'H Liver I'IIIh ir.u Htuart'H TablotH 400 liar-Hen 4oa 1'eriina 7f,0 1 lostetter'H IlltterH ;r,Q Duffy'H Mall WblHhey n 1 dozen U-Kraln Quinine Capsules ;0 1 dozen !l-nraln Oulnlno Capsule I0q 1 dozen r.-Kraln Quinine Cipsulen i5n Mininii Quinine jc0 i-'eluiefer h CoukIi Cure l-Oq Ajhx TabletM .)fl() lludyan TablotH 40i Old fllory IlltterH o0 Wyeth'M Hoof. Iron and Wltio Yfo Hbrader'H Flu I'nwder hvj I'alne'H Celery ('(impound 7Kj What of Curdul 7BU Carter'H I, Ivor I'IIIh va IMerre 8 I'roHcrlpilon 7no ImfTvH Malt Whlxkey , Kr.c Pr Karl Cratncr'H I'ennyroyal I'IIIh.... $1.00 CUl PHICIS DRUGGIST S. V. Cur. Illlli and Clilenuo Sin. Hot Springs, Ark. THE ALOE Si PENFOLD CO. 1408 Farnam St., (Opposite Paxton Hotel.) OMAHA. The Favorite Winter Resort For Information, pamphlctis nnd bookn on tho tprliiKB, rail at tm;ki:t officii S. i:. COHMSIl MTU A.NO I)OUGIA3.