4 TJIJ3 OMAHA DAU,r BEE: TIltTliSDAV, IfEBK UARY 7, 1001. NEWS OF INTEREST FROM IOWA. COUNCIL aii.voii sm.vnu.N. Davis noils glaiw. . Davis sells drugs. Htockert bcIIh carpots and rugs. Fine MlRRourl oak. Ollbcrt Uros. das fixtures and globes at lllxby's. Fino A. U. C. beer, Noumnycr'ii hotel. Wollman, Bclentlfic optician, 409 H'd'y. flchmtdt's photoi guaranteed to please. Moore'n iitock food kilts worms, fattens. W. J. Hontetter, dentist, Ualdwln block. Lcffcrt, Jeweler, optician, 230 Uroadway. Drink Uudwclscr leer. I Hosenfeld, ngt Picture framing. C. H. Alexander A Co., 131 Uroadway. W. V. Graff, undertaker and dlslnfcctor, 101 South Main street. 'I'hono COG. Get your work done at the popular Kagle laundry, 721 Uroadway. 'I'hono 1ST. For rent, two modern residences In heart of city. Iii(Ulro of W. L. Kearney. Morgan &. Kliln, upholstering, furniture repairing, mattress making. 122 S. Main at. Mrs. W. N. Clifford has been culled to I.ogunsport, I nil. , by tho death of her oldest slater, MIsh Mary Ifiizln. I.lly Camp Aid society will meet tomor row afternoon at 2:30 at thu homo of Mrs, D. W. Helby, 22") Tonth avonue. A want ad In Tho lico will bring results. Tho same attention given to a wnnt nd In Council lllurfs as at tho Omaha utllce. Hlierlilun coal, onco tried always used. Smokeless, no soot, clinkers nor sulphur. Price $5, ti.50. 1-Vnlon & Foley, solo agents. Deputy Sheriff linker left last evening for liluo Earth, Minn., having been summoned as a witness In tho trial uf Thomas it. Benter, A meeting of Hhuduklam temple, Dru mutlc Order Knights of Khorustmn, will bo tonight In tha Mcrrlum block for cere monial work. Gilbert UroH. commenced to harvest the socond crop of Ice yesterday off the water works roservolrs. The Ico Is tun and one half Inches thick. Mrs. AV A. Joseph and Hon, who have been visiting Mrs. JoHepli'u parents for tho last six weeks, returned to their homo In Chicago last evening. Entertainment nnd danco by Myrtlo lodge, Degree of Ilotvor, Friday nvenlng, Feb ruary 8, In Knights of l'ythlns hall, He frcshmcnti" will Ihj snrvod, Tickets, 25 cents. Arthur doff, the llttlo cornctlst, who hns becomo famous throughout thu country during tho last two vviirs with "Itoonoy's Hoys," Is critically 111 nt his homo In this city. City Kloctrlclun llradlcy has been granted a ten days' leuvo of iibsencu to rommence tiaturday, Ho will go to Milwaukee to at tend tho national meotlng of thu Wood men of tho World. Tho Infant of Mr, and Mrs. I,. C. Ijirsen, 815 Commercial street, died yesterday. The funeral will bo this afternoon ut 2 o'clock from tho family residence and burial will bo In Walnut 1 1111 cemetery. Flvo cases of measles wcro reported yes terday to tho Hoard of Health. Otis nnd Thorn n Fitch, 1121 Fourth nvenuo; Walter Httlttnan, 222 Houth Sixth strcot; Donald and Marlon Macrae, 222 Bquth Seventh street. I'urdons from Oovernnr Shaw were re celvud yostorduy by Clerk Heed of tho dis trict court for Robert I.lmerlck, convicted In 1833 of burglary, and William linuer kemper, convicted In 1S9I of seduction. Doth liavu been out on parole. Tho committee; of tho Associated Charities In chargn of tho establishment of a duy nursery or creche has secured n nine-room brick house at Tenth street and Avenue D, wnicn litis boon rurmsiieu, ntiu tne rommu teo will bo prepared to receive babies to day. A matron will be In charge, while Misses Kllcn Dodgo nnd Aylesworth will have supervision of tho place. Except from tho published dispatches from Des Moines the.ro Is no knowledge hero of Mrs. Carrie Nntlon's Intended visit to this city. Not ono of tho pastors of tho different churches nor nny of tho leuders In the temperance cnuso Is nwaro of nny arrangements having boon mado for her visit. Should she como to Council HlufTs Chief of Pollco Alhro and Mayor Jennings, both statu sho will not bo permitted to wield her ax, Mrs. Phcbo A. Herry died yesterday at tho homo of her daughter, Mrs. 15. 11. Fonda, 217 HlulT street, Hho was "fl years of ago, having been bom In Madison, N. Y., August 10, 1821. Death was due to the In firmities of nge. She had been sick tho Inst four years. Tho funeral will b tomorrow nfternoon at 2 o'clock from tho residence nnd burial will bo In Fnlrvlew cemetery. Rev. O. 15. Walk, rector of St. Paul's Epis copal church, will conduct tho services. Ono of tho llrst olllclal acts of City Electrician Uradley was to yesterday notify the county supervisors that the Insulation of tho electric light wiring In thu court houso Is defective and must bo remedied Immediately. All of the electric wires In tho court house that aro protected with tho old stylo Insulators will havo to be rem edied by having tho latest Improved Insu lators substituted. These .changes nro In conformity with tho city ordinance regulat ing electrical construction recently passed. N. Y. numbing Co., tolephono 250. Aliened Destruction of Property. Judge Wheeler lu tho district court yes terday commenced the trial of tho suit of Mrs. Maria Cllno against A. C. Ellsworth, In which tha plaintiff seeks to recover dam ages for allcgod destruction of certnln prem lies. Judge Thornell began tho trial of tho suit of William Urnnz against Drone Ilros. In this case the plaintiff socks to recover for a horso ho pastured with the defendant which became sick and died. Ho nllegos negllgenco and Improper care on tho part ot tho defendants. ( The motion Med by the defendant for a new trial In tho suit of II, C. Patterson against II. It. Gould was withdrawn yester day, Mrs. Luolla Caryl Williams commenced suit for divorce from Charles Albort Wil liams, to whom aho was married In 1891 In this county. Sho alleges that Williams, uftor leaving her ono tlmo for two yeais, Anally deserted her In 1898. Sho asks to bo awarded the custody of their only child, a daughter 6 years of age. In tho dlvorco milt of Corn Sadowskl against J. V, Sadowskl tho defendant yester day entered a motion to set nsldo the de fault obtained by tho plaintiff during his cnfoicod absonco from tho city. Ho also filed an answer In which ho makes a gen oral denial of tho charges brought against htm by his wife. Gravol rooting. A. II. Heed, 541 Ilrood'y. Klnniirliil DltlliMiltle Adjusted. LKMAKS, In., Fob. 6. (Special,) Tlaron Firos., who mado an assignment on Decem ber 24, with liabilities estimated at $40,000, have ro-opened their stores In this city, having mado arrangements with their cred itors. Tho asBlgneo will conduct the stores for tho present. STORM RUBBERS Plenty of them at SARGENT8 Loik for the Bear. FARM LOANS Negotiated In Eastern Nebraska nd lowa. Jnmei N. Casady, Jr., U4 Main BL. t-ouncu uiuus. BLUFFS. RAILROAD FREED FROM BLAME Coroner's Jury Holds Northwestern Gniltleti in Otto of Thess Threo Dath. URGES CITY TO CUT DOWN WILLOW TREES llcllevc They Obstructed View of Truck null Resulted lu the KlllliiK J I in my Smith Dies Without ItcKiilultiK Consciousness, The Inquest conducted yesterday by Coro ner Treynor over Isaac Smith, Joseph Coff man and little Jimmy Smith, tho three vlc tlmo of tho accident Tuesday afternoon nt tho Northwestern crossing on Elaventh street nnd Avenue E, resulted In tho jury exonerating tho railroad company. Tho Jury, consisting of II. S. Terwllllger, G. C. Tay lor and J. W. Clntterbuck, brought In a ver dict to the effect that tho deceased wcro struck and killed by passenger train No. 3 on tho Chicago & Northwestern railroad track on Avenue E and that In Its Judgment tho railroad ccmpany was In no way to blamo for their death. To the vordlct was attached a rider recommending that tho city nt onco cnuso to bo removed tho wil lows and all trocs which obstruct tho view of tho track nt the point whero tho acci dent occurred. In addition to tho mombera of tho train crew numerous witnesses were examined, and after tho evidence had all been taken tho Jury proceeded to the scene of the accident and looked the ground over beforo arriving nt tho verdict. Tho first witness examined was M. O'Don noll, engineer of No. 3, Ho estimated that tho train was running twelve to fifteen miles an hour. Tho bell, ho said, had been set to ring automatically, as was the custom when entering tho yards, und the whlstlo wns blown for the station nnd again for tho Urondwny crossing. Frank McDermott, fireman on No, 3, said tint when his train was about 125 foot from tho crossing ho noticed n team of horses with a wagon coming west on the avenue. Tho team seemed to bo fifty feet from tho crossing and was apparently trotting. Ho called to tho -engineer to whlstlo and then realizing that thu occupants of tho wagon did not appear to not'eo the train called to him to stop quick. The engineer whistled and then applied tho air. Tho witness Bald that ho saw a collision was" Inevitable and Jumped from hla Beat. As tho wagon reached tho culler of tho track tho occu pants seemed to rcallzo their danger and stood up, but did not mnko any attempt to Jump. Tho horses reared backward and then plunged ahead Just as tho engine struck tho wngon. The witnoss testified further thnt thu engineer hnd shut off Bteam at tho switch tower at tho northern end of tho yards and that tho bell had been set ringing opposite tho roundhouso and was ringing nt tho tlmo of tho collision. The whlstlo had been blown last a quarter of a tulle back. His testimony also wns that tho train was on time and that there was no need for running at more than tho usual speed. W. H. Davis, tho renr brakeman, tcstl- 11 ed to hearing tho whlstlo Just as the train Wat, passing, the ToitmllioUee, and that shortly after ho felt lUo nlr applied. He did not sco thu engine strike tho wagon, but noticed tho horses running on tho west stda of thu track. Ho got off the train as soon us It stopped and saw the body of a mun lying by tho track. Tho dining car, tho fifth car In tho train, was standing on the crossing when tho train was brought to a stop. Miiii'n CIothliiK on Fire. Tho testimony of Charles Van Gordor, conductor of No. 3, showed that ho was una aro of thu accident until niter It had happened and tho train had been brought to a standstill. When ho alighted from tho train ho snw thu body of a man lying by tho track and noticed that tho man's clothing was on lire, supposedly from matches In the pockuts. Ho extinguished tho Are with snow und whllo doing so his attention was culled to tho fact that two others hnd been hurt. Ho had tho two Injured placed In tho bnggago car and taken to thu local depot. Tho witness estimated that the train wus running at about four teen miles u u hour. Harry Snyder, a switchman, ono of the crew of nn engine waiting nt Avcnuo 0 crossing to tnko tho dining car from No. 3 when It should reach tho depot, said he heard No. 3 whlstlo for the gates at tne Uroadway crossing and saw thu train when It was about ut Avcnuo G, Ho noticed tho team nnd wagon approaching tho crossing nt Avenue E. Tho horses wero trotting and went onto tho track directly In front of tho approaching train. Tho witness snw tho man who wnB driving attempt to pull tho team back, but us ho did so tho engine truck tho wngon. Tho witness said ho ran us fust as ho could to tho scene nnd ronched thcro Just as tho train canio to u stop. Ho snw tho bodies of a man and n boy on tho pilot ot tho engine, together with a wagon seat. Hoth bodies were lying In tho open spaco under tho front part of tho boiler, their hends together and tho seat of tho wagon nt their feet. Ho climbed on the pilot nnd helped removo tho bodies. Ho further testified that as ho Jumped on tho pilot to removo tho bodies the bell on tho englno was still ringing. Other witnesses examined wero It. Illpley, front hrukomnn of No. 3; W. Allstrand, Bectlon foreman; Charles Johnson, section laborer; W. Nicholson, llreman, and J. C. Malone, engineer of the switch englno. Their testimony wns mainly relatlvo to the whlstlo being blown and tho bell rung on No. 3. Little Jimmy Smith, the 8-year-old grandson of Isaac Smith, who was removed to St. Ilernard's hospital Tuesday evening, died yestordny morning without having re gained consciousness. The operation of trepanning tho skull was performed, but at no time was there much hope for his sur viving his terrible Injuries. Tho funernls of tho threo victims of the accident will ho this nfternoon. Hurlnl will bo In tho cemetery nt St. John's. The body of Isaac Smith was tnken last evening to hit homo near Missouri Valloy nnd those of lit tlo Jimmy Smith nnd Joo Coffman to Khodo, u smull station on tho Illinois Centrul. PAY TOM. TO (JUT TO Till! IAICK. PlruNiirc Si'i'ker- llriicefortli Are nt tlic .Mercy of -Motor Company. Unless yesterday's action of the Hoard of County Supervisors Is reversed by tho courts tho public will no longer bo nble to secure access to Lako Manawa, excopt through the motor compnny's property r.nd by paytug It toll. Desplto tho protests riled and made by Interested property fMvners the board on convening yesterday utorn'ng announced that It had decided to grent the request of tho motor company that practic ally all of tho public thoroughfares leading to and In nnd about Lake Manawa bo va cated. Tho thoroughfares thus vacated by order of tho board are' Tho L. S. Wright road along tho lake front to the west line of Third street In Manawn park; that part of tho strcot In tho town of Manawn park known ns Portland avenuo, lying west of Third strcot; nil that part of the street In Mannwn park known ns South Fourth street, lying south ot Park avenue; all that part of the street In tho town of Itegatta place known as Ilcgatta avenue, lying west of the street In tho town of Manawa Park known as Main street. Considerable surprise was manlfesteO when tho action of the county supervisors beenmo known, pnd tho attorneys who rep resented protesting property owners beforo the board stated that an appeal would at onco bo taken to the district court. One nttorney, who represented several property owners, said the action ot the board was an outrage, as It would render the holdings of his clients practically worthless, Charles It. Itannnn ot tho First National bonk, who owns a lot within tho grounds enclosed by the motor company, said: "Tho only way I havo now of reaching my prop erty Is either to tako n big Jump ovor bov eral Intervening lots, or clso drop down on It from a balloon, but then I supposo tho motor company would object to me oven using a balloon, as they probably feel that they own tho sky ns well ns the ground beneath." Tho motor company, on tho other hand, clnlms that there nrc two sides to the ques tion, and says It hns no fear but that the court will uphold tho action of tho county board. With tho exception of ono road run ning directly through the resort at the lake all tho streets wero vacated nt tho time the town of Manawa wbb abandoned, Tho com pnny nlso contends that tho opposition to tho vacation of tho streets was not In good spirit, but simply to harass and nnnoy the company and to prevent It from carrying out Its contemplated improvements nt tho lake resort. l'HIiViaXT I.NKMJ.Y OF VAl 1'IJHS. Sunervlnura Mend II. J. To nil Uncle to Mnrlou County. The supervisors yesterday ordered the authorities ot LAyton township to send H. J. Tosh, a pauper, back to Marlon county, his legnl residence. This enso showed tho hoard the necessity of taking some step to prevent tho Influx of paupers Into this county. Tho low provides that a person coming from nnother stato nnd not having becomo n citizen of nor having a settlement In tho state applying for relief may bo sent back to tho stato whonco ho catno ut tho expense of tho county under an order of tho district court or Judge. It further pro vides that persons who nro coming Into tho stato or going from ono county to another who nre county charges or nre likely to be come such may bo prevented from ncqulr Ing n settlement by the authorities of the county or township In which such persons nro found, warning them to depart there from. After such a wurnlng had been given such person cannot acquire n scttcmcnt pro vided notices nro served annually. A resolution was adopted calling tho at tention of township authorities throughout the country to the law In tho matter and directing that samo bo observed rigidly and tho proper notices filed with the county auditor. The board effected Its settlement with County Recorder Smith and agreed to allow him J000 for a llrst assistant and $350 tor a second nsslstant for this year, provided that the fees of his ofllco wero nutTlclcnt to pay these salatlcs as well as thoso of himself and doputy. To cover nil these salaries tho fees will have to nmount to J3,Gf0. The request of tho Bar association that a separate telephono bo Installed In tho dis trict court room was granted and n con tract for tho samo wns entered Into with tho Nebraska Telephono company. Dr. J. H. Swnnson wns appointed county physician for Crescent nnd Hazel Dell town ships at $40 for tho year. Dr. Wyland. wns appointed for Norwnlk township at $25 per year and Dr. Van Ness for Mlndcn town ship at tho samo salary. In the matter of loans from the school fund tha county nttorney was Instructed to pass on nil abstracts of title beforo such loans should bo mndc. The report of Superintendent WItto of tho state asylum at Clarlndn showed there were eighteen malo and thirteen female putients from this county In tho Institution. Tho report from tho asylum at Mount Pleasant showed there wcro two patients from Pottawattuinlc county there. Tho board expects to complete Its busi ness today and adjourn. Hrveiiues from HpHiirt. Tho aldermen are slated for another se cret session In commlttco of tho whole this afternoon at 4 o'clock, when tho question of Instituting quo warranto proceedings against tho motor company will some up for another round of discussion. It Is said that Mayor Jennings has a proposition to sub mit to tho nldermen for Increasing tho city revenues which will not Interfere with his pollco fund, by receiving revenuo from In mntos of houses of III famo conducted In connection with certnln pnlnons on nroad way nnd Mnln street. Tho mnyor Is not anxious to lose this revenue, although fre quent complnlntB havo been mado against these notorious resorts. Iteul KMutc TruiiNferx, Tho following transfers wero (lied yester- day In tho nbstract, title und lonn office of J. W. Squlro, 101 Pearl street: Heirs of Johannes A. Christians to M. Theodore Christians, undlv 11-15 of 12714 acres In 16 nnd 17-77-43, w. d....$ 2.S00 Catherlna Christians, guardian to same, undlv 2-13 of same. gdns. d.... 541 W. M. Frederick nnd wife to 11. V. Inncs, lot 3, Auditor's subdlv, nw'.i sei 29-75-43. w. d 2T!3 John K. Cooper to Alice Cooper, lot 5, block 1R. Huyllss' 2d ndd, w. d 1,500 F. C. nnd 13. II. IOUgeo nnd wives to Catherine Gould, lot 5, block 1, Mo Malum, Cooper & Jefferls' ndd, q. c. d 180 J. D. Edmundson, trustee to Council IiluffH Ileal Estntc und Improvement company, 96 lots In Council Uluffs, q. u, d 1 F. O. Glenson, trustee to same, 63 lots In Council Hltirfs, q, e. d 1 C. It. Hainan, trustee to same, IS lots In Council HIuITh, q, c. d 1 Total eight transfers $ 5.2C2 The following transfers wcro tiled Tuea- dny In tho nbstract, title nnd loan office ot J. W. Squire, 101 Pearl street: Martha J, Knupper to Harriet K. Plumer. lot 6. Ulemlalo extension. W. d $ 400 Currle u. jnhnson to A. C. Jnhuunsen. ot II. block 3. town of Oakland, w. d 3,5 William II. Foster nnd wlfo to Nor man E, Smith, undlv',4 of lot i, block 11. Oulesburg add, q. c. d 50 William H. Huxley to same, same, q. c, d v 50 Id. D. Hoag and wlfo to Walter O. Hatton, V4 nwU and neVi swi 9-77- 41. W. d 4.SU0 Thomas J Evnns nnd wlfo to August Anderson, lots 1. 2, 3, 4, 5, ! nnd 10, block 13, Evnns' 2d Bridge ndd, w. d. 2S0 Lewis Hoggett and wlfo to snme, lot 13, block 16, Ferry ndd. w. d 400 August Anderson to Cutherlne Ander son. lots 1, 2, 3, 4, 5, 9 nnd 10, block 13, Evans' 2d Hrldgo ndd. and lot 13, block 16. Ferry ndd. w, d 1,500 Heirs of Qiorgo II. Duvls to Erasmus Itlchiirdson. w4 nw 23, s',4 sw'i sw'i 14, nnd s 17 ncren eU sU 15-77-39, q. c. d 1 Clmrles Phden nnd wlfo to same, s 7 ncres of n'i sei BeH 15-77-39, q. e. d. 1 Mary F. Elllcott und huxhnnd to Elmer U. Fehr. eMi nw.U 32.7(1-40, w. d 3,000 P. M. Heft nnd wife to Mary Helle Armstrong, lot 33, Auditor's subdlv se,4 swU 12-75-40, w. d 675 Elmer I.. Fehr to Mary F. Elllcott, sV4 so',4 2S-7rt-tO, w. d 3,600 Almon M. Griffith to Jumes W. nrlt ton, lots 5 nnd C block 2, Williams' 1st add Hancock, w. d 700 Franz Krettek nnd wife to Franz Joseph Krettek, part nw'; 18-75-43, w. d L&fO Jacob W. Wambnld nnd wife to W. M. Frederick, lot 3, Auditor's subdlv, swU ne 29-75-13, w. U 235 Total sixteen transfers $17,467 Preferred Clrtlinn, The application of the Nebraska National ! bank of Omaha that Its claim of $1,300 against the Officer & Pusey bank be do- creed a preferred ono wns argued before Judgo Thornell In tho district court yes terday. Ho took his decision under nd vlsement. The claim of G. Allen Westcrdnhl, a minor, was declared preferred ns to 126. Judgo Thornell also took under advise ment the petition ot Intervention ot John Llnder. Llndcr claimed to havo $10,000 on deposit In the bank and wants sufficient uf this offset against $2,500 worth ot paper held by tho bank and which ho had endorsed. Three Petitions lu llnnkriiiitry, Judgo Smith Mct'herson held n short ses sion of federal court yesterday for thu pur pose of disposing of some minor matters that needed his attention. Clerk McArthur of tho United States district court and Clerk Mason of the United States circuit court were In attendance. Judgo Mcl'her son returned to Hcd Oak Inst ovenlng, nnd Clerk Mnson returned p Des Moines. Threo farmers Hied petitions In volun tary bankruptcy yesterday, asking to bo ru llovcd of their dobts. Henry Dungan of Logan, Harrison county, has liabilities amounting to $1,475.10 nnd $280 worth of assets. All of tho latter he claims ns exempt. Oeorgo Gerard of Ilnmlln, Audubon county, has debts nggregatlng $826.65 nnd nrsets amounting to $50. Ho also claims his osscts ns exempt. Isaac Illxlor of Kenwood, Crawford county, has liabilities to tho amount of $1,472.80 and nsscts listed nt $413. Ho makes no claim for exemption of his assets, but they nro of such n character ns to como within that provision of tho bank ruptcy law. Davis sells paint. DeLong will print It right. Howell's Antl-Knwf cures coughs, colds. 0MAHANS INTEREST CREST0N lown. Tiinn HiiRer for Cuiiltnllxt-.' Pro IMinimI nieclrlc l.lne from There to Wlnternrt. CIIESTO.V. Ia., Fob. 6. (Special.) Omnha parties havo created a great deal of Interest In this city by tho expressed de slro to obtnln n franchlso for tho purpose of putting In nn electric street line, the purpose being to continue tho lino across tho country to Wlnterset, making connec tion with tho Hock Island, nnd thereby ob taining a Des Moines entrance. At the Inst meeting of the council Mayor Skinner was authorized to correspond with tho Omaha projectors nnd ho has extended them nn Invitation to visit Crcston nnd has given nssuranco that ho believes tho city would voto tho company n franchise. Thcro has long been agitation over this lino, and It now nppenrs that something definite Is to ho done, ns the Omnha parties assure the mayor they havo plenty of money to back tho deal. Macksburg, an Inland town twenty miles northenst of Crcston, will nld In getting such n line, nnd Wlnterset Is eager for It. When tho Omaha parties nr rlvo In Crcston It Is poaslblo n public meet ing will bo culled to discuss tho project. Another railroad fenturo thnt Is Interest ing this city nnd tho localities southeast Is tho rumor that tho Chicago-Great West ern Is nuking nrrnngemonts to build Into this city leaving tho main lino at ArlBpc. Tho Intervening dlstnnco Is nbout thirteen miles, nnd It would bo nn ensy nnd Inex pensive matter to build tho connection, ns tho topography pt tho country Is favorable for railroad building. With tho building of n dozen brick busi ness buildings nnd minor Improvements now In contumplution, tho best venr In Crcston's history Is npparent. AFTER PEYTON OF SIOUX CITY ScrKciiut Xolte or St I.oiiIn Willi nt lull Door for IIoIimoii'm hlnyer. SIOUX Cm'. Feb. 6. On mnttnn nf the county uttorney tho Indictment ngalnst Frank Peyton, the self-confeRsml murderer of John E. Ilobson of this city, was quasnea today, reyton wns Immedlntely re arrested and turned over to Sergeant Nolto of tho St. Louis pollco force as a fugitive from Justice. Peyton was arrested in St. LiOui3 ror robbery nnd thcro confessed to the Sioux City crime. Peyton's nt at onco Instituted hnbeas corpus proceed ings mis arternoon for his release from prison, claiming ho Is not n fugitive, as ho was taken from Missouri by process of taw. Grocery Comiiiiiiy luc oruoriie. MAHSHALLTOWN, In., Feb. 6. Articles or incorporation of tho Western Grocery compnny were filed hero today. Tho bond- quarters will bo nt Mnrshalltown nnd tho authorized capital $5,000,000. Tho new com pany will Includo tho allied firms of tho Lotts-Flotchor company nnd tho Marshall- town Grocery company. Mnrshalltown: Lotts-Spencer compnny, Osknloosn; Lotts Spencor & Smith company, Mason City, and the Letts-Spencer Grocery company, rwiiuaun uiiy, .mo. Twenty-Five ll,illn,.u i., ir,.. DENISON. Ia.. Feb. 6. lSn,.M.l it' nit sincerity Hans Hansen, n well-to-do farmer living seven miles south of Charter Oak, offers n reward of $25 for nny Information leading to tho nrrest of thn n.irtv uim a,.t him an anonymous lotter last Saturday mrenicning to Kill him or some of his fnm 111 if ho did not leave tl nnn in i,m ( , tin pall nt n nolnt near hi hnmn tn bo Indicated by a red lnntorn. Hl nelirhhr, guarded tho placo on tho specified night but saw no one. DrtiK I'lcrkN Get It, CIIKSTON, Ia., Fob. C. (Special. )-Mur ray has another rase of smallpox, Jesse itlcs, n drug clerk, being the mulcted one- It 1b said that two ministers who visited Hies were qunrantlned. Dr. Sells of Murray was thrown from his buggy Monday by the team running nnay. tils lert arm wns fractured. Nathan Golden his companion, was bruised. The men were precipitated from tho vehlclo on a bridge and their escape Is regarded as miracu lous. Five SiiIooiin Are l.lceimeil. ONAWA, la., Fob. 6. (Special.) The Onuwn city council has licensed flvo sa loons, which filed their bonds and made the necessary arrangements to comply with tho terms of the mulct law. It Is thought that this number of saloons will be sum- dent to quench tho thirst of the people until the next meeting of tho council In March when others may bo demauded. MoNtly Iteiiulillcilii. CHKSTON, In., Feb. 6. (Special.) City politics has claimed the attention of the people. Tho republicans will renominate Mayor Scott Skinner and tho democrat are trying to persuade D. Davenport to mnko the raco for them. Four of the out going councilman nro republicans and ono a democrat, Tho council Is now republican as well as tho other portion of the admin titration. Una ,o Wen I tli l.eri, FOKT DODGE. Ia., Feb., 6. (Special.) Jerry Lennban, who tor many years almost controlled the lime buslnoss of this county and grew wealthy, Is to bo burled today at the expenso ot the county, be having been reduced to a penniless condition by his prodigal spoudlng. ur k ni? envn in on ta i)ici? l AlJIi rUllli IIAKU 1U luVlOl low. Womtn Hnd It Difficult to Secure Monoy for Monument, ERECTION LIKELY TO BE POSTPONED .Memory of Hie tltiulnt Heroine ol GetlyHhurK May Hnve to Wnlt Until .ext Yenr for Itn Shaft. DES MOINES. Fob. 6. (Special.) The movement among lown women for tho rais ing of n fund with which to erect n mouu mont to Jennie Wado on the Gettysburg battlefield, Is not bearing fruit as expected, and thus far but $160 has been contributed for that purpose. It wa9 tho Intention to ralso nbout $1,000 during tho winter months so that work on tho monument could be commenced In tho spring. Tho work Is In charge of Mrs. Margaret F. Hlnman, liolmond. In, Sho hns sent out circulars to all tho corps ot tho stnto and hns solicited contributions from old soldiers and others nnd Is disappointed nt results. It Is proboblo that tho monument will not bo begun this year, but further tlmo will bo taken to consider tho matter. llurlliiKtou lloiiil StriiluhtenliiK. Tho right of way agents of tho Hurllng- totl havo been In Hcd Oak tho past week socurlng options on tho right of wny through tho city to bo followed when the work of straightening tho road nt thnt point Is done. Tho contemplated route runs south of tho present lino from Stanton nnd enters Hcd Oak In tho northern part. Tho straightening of tho track will bo ex pensive, but It will abvlato tho heavy grades thcro and greatly Improve tho rond, A new depot Is expected also. Stale CoIleKf Iteopeim. Tho Iowa State college nt Ames reopened yosterday after the winter vacation, which commenced Immediately nftcr tho flro of December 8, which burned tho mnln dormi tory nnd lending classroom, Tho temporary building for classrooms Is practically fin ished bo that It enn he used nnd tho re pairing of that part of the burned building has been done bo It nlso can be used. The number of studentH hns not been decreased because of tho flro nnd lnck of accommo dations. Tho repairs wcro also mado out of tho fund provided for emergencies by the legislature. Divorce Nullified. Tho Iowa supremo court today took a whack ut Iowa divorces granted to non residents nnd lncldcntnlly disposed of n contested pension case. In tho suit of Sophlo Lawrence ngnlnst Agnes Nelson, It appears that both aro claiming a pension, ns widow of Henry Iawrcncc, who died In Indlanu, a tow yenrs ago. Hoth live In Indlann. Henry Iawrenco deserted his first wlfo In 1855, It Is nllegcd, leuvlng her with six small children to caro for. In 1861 ho commenced living wllh tho defend ant In this enso. In 1S92 his first wlfo learned of his whereabouts, commenced proceedings nnd ho disappeared. Ho went to Dallas county, lown, nnd lived there under nn assumed name until In 1893 ho procured a dlvorco from his first wlfo on tho ground of desertion. Soon there after ho married Agnes Nelson nnd re turned to his homo, Jefferson, 1ml. Tho supremo court decides that tho divorce ho procured wns frnudulent inasmuch ns ho wns not nt nny tlmo u bonnfldo resident ot tho stato of Iowu. This nullifies tho divorce, makes Illegal his second mnrrlngo nnd gives tho pension, as widow nt n soldier to the woman ho deserted nearly mi) jears ago. l uUowIng nro other couch decided bv thn supremo court todny: J. M. Kilmer ugulnst M. I. Hnnnlfan nn pel'unt; Hnrr son ctiuntv: iinti..., i. .'.. . !.. on noto nnd mortgage; affirmed 1 r ,niiM.' Vv 81,1 it' nRMnsl N Hlrshmnn, np- atf0 co,,nty; fni1"1 " "' "f J. O. Hop. nnnnllnnt Sr uffcr1 uu,I" n : Xcw CoriiorutloiiH, Pocnhontns Publishing company. Pocahon tas, In.; capital, $10,000; president. S. H. Fritz; secretary, G. H. Stelnhllber; mali nger nnd editor, W. S. Clnrk. Tho Lnw- bnugh-Stovor company, Madrid, In.; rnp Ital, $6,000; president, C. S. Lnwbaugh: secretary, A. H. Stover. Tho Twentieth Century Stock Food compnny, Hed Oak, In.; capital, $10,000; Incorporators, M. F. Kc nealey and I. Snnbom, Jr. Tom ii .Mayor MIhnIiiit, The town of Terrll Is without n mayor. P. II. O'Connor, n young man who was mayor, went to visit relatives near Em motshurg Jnnunry 27 nnd has not been heard of since. Ho was n business man and after ho hnd been gone some tlmo an In vestigation was made of his accounts nnd it wns found that ho wns owing nbout $2,000. This debt wns worrying him, although nn Inventory of his stock showed that he was entirely solvent. It Is nlso snld that ho was disappointed In lovo nnd that n young womnn In Qraettlngor to whom ho hnd been engngod In marriage had ivcently Jilted him. loMn MiiIcn lu llemiiml, Tho southern mulo buyers nro doing good business In Iow.i. They nro securing large numbers of mules for market In tho south, whero tho cotton farmers havo mado monoy and are In a position to pay good prices, nnd also for shipment to South Africa. In Pnge county ono buyer has shipped out n carload of mules a week for the Inst four months. Ho has been paying as high as $133 each for good mules nnd for ono mulo paid $143, which Is the highest price for mules In lown In many years. Army Denerter limaiir. A young man who hns boon going under aim Dyspepsia Susi Tho stomach Is tbo most Important oran of the body and when It Is diseased all tho other organs suder. That Is why fatal diseases of the heart, liver, kidneys nnd lungs are so often tho direct result of indigestion and othar stomach troubles. By supplying all the natural dlgestants, tho uso of Kouoi, Dybfki8IA Curb digests what you cat, and In that way glvc3 the stomach perfect rest whllo allowing you to eat all tho good food you want. It has been used In all tho worst forms of Htomach troublo and it has never failed to effect a cure. It can't help huf. do ymi gjooil Prepared by li. 0. DoWUt it, Oo., QtUctgo. Tho $1. bottle cvnUlne 2. Umvk th 14c. lxt. i . ... i,no D,,rae ot c Brown nml wna work- lug on a fnrm In Marshall county, has boen sent to tha Insane hospital at Mount Pleas - ant, whero It hns been discovered that ho l A iIaiimImS rm I rin fArflll at nMIIV Ilia unwo S HCUbou c Fowler and ho served In tho Spanish war as n private In Company 1), Fifty-second lown. After tho discharge of that regiment ho enlisted In tho regular army nt Fort Crook, but soon thereafter desortod. His homo Is In New York. DIkcouiiIm Tnlen of Oil Find. SIOUX CITY, In., Feb. 6, (Speclnl.) Prof. J, B. Todd of tho University of South Dakotn, stato geologist for South Dakota, docs not tnko any stock In tho stories of oil discoveries In tho vicinity of Sioux City. Ho snld whllo In Sioux City: "There are certain well-grounded theories which go to dlsprovo ths possibility of petroleum near to Sioux City, unless an anticline exists In tho tertiary formation here. An anticline Is n reverse dip In n slanting formation of rock. If oil exists near Sioux City It will bo found nearer to tho surfaco than 3,000 feet, which Is tho depth to which I under stnnd thcro Is tnlk of theso Ohio prospec tors going," Cine Are Continued. CUESTON, In.. Feb. C (Special.) Owing to tho Illness of Judgo Tedford of Corydon thero will ho no session of the Taylor county district court, nnd according to the agreement of tho bnr nil cases wero con' tinned until tho April meeting. Judgo Ted ford has been Blck for several weeks with tho grip nnd Judgo Towner hns been doing some of his work. YnrilmtiMter IIcccn Crnvlied. ATLANTIC, in., Feb. 0. (Special.) M. W. Hecvcs, ynrdmastcr for tho Hock Island road at this place, was crushed between two curs yesterday afternoon uud died lu n few hours. His homo wns In Vnlley June tlon, whero ho leaves n wife, two daughters and a son. Mrs. Heeves arrived Inst night nnd left this nfternoon with tho body. F'ir Ciilllutr Hint Nnnim. LEMAKS, Ia Feb. 6. (Special.) John It. Dornbusch hns filed n petition In the district court, claiming $5,000 damages from William Koep for alnndcr. Tho men nre farmers residing north of town. Dornbusch nlleges thnt Koep cnlltd him names. Tho case will como up for hearing ut the next term of court nn Fcbrunry IS. ItocU Valley .Mun In MIkmIiik. HOCK VALLEY. In., Feb. 6. E. 11. Wil son, for aovorul years mnnagor of Torwll eger & Dwlght's grnlu elovntor business nt this placo, disappeared Inst Friday and no Information of Ills wherubnuts has since been received. His nffnlrs nro nil straight, so far ns can bo learned. Ho left a wife nnd eight children. KM. I, in: i) AMiitt i-i- gi:u.m Or Your llnlr Will l ull Out Till You Heroine llulil. Modern science hns discovered that dandruff Is caused by n germ that digs up tho scalp in scales, as It burrows down to tho roots of tho hair, whero It destroys the hair's vitality, causing fulling hnlr, nnd, ultimately, baldness. After Prof. Unna of Hamburg, Germany, discovered the dnndrulT germ nil efforts to find n remedy fulled until tho great laboratory discovery wa mndo which resulted In Ncwbro's Herplcldc. It nlouo of nil other hair preparations kills the dandruff germ. Without dnndruft hair grows luxurlnntly. "Destroy tho cnuso, you removo the effect." VEST'S OPINIONS ON CUBA United Nttitei linn .o Authority (o Amend or Alter the Cnn Nlitutloii, NEW YOKK, Feb. 0. Senntor Vest of Missouri Is quoted by the Washington cor respondent ot thu Trlbunu as saying ot the Cuban situation: "Undoubtedly wo huvo no moro right or power to amend tho Cuban constitution by uct of congress than wo would hnvo to do so with tho constitution of Kmnco or nny other foreign country. Wo nre estopped from this hoth by the Toller resolution and tho decision of the supreme court In tho Neely case, declaring Cuba to bo n foreign country. When. the Cubans ndopt their con stitution nnd form their government wo nro solemnly pledged to glvo them absolute nnd completu Independence. Thcro is no wny of our getting around this, even If wo wanted to, oven If tho law directs us what to do. After wo hnve turned Cuba over to the Cubans, wo then must become tho protector of their country. We must sny to all tho world: 'Hands oft whllo Cuba Is working out for Itself tho problem of self-government.' "I confidently believe thnt after tboy strugglo awhile with the tremendous problem of self-government they will glvo It up nnd seek annexation to tho United States. For years I huvc been convinced thut this Is tho ultimate destiny of Cubn, Wo wolcotned tho Spnnlsh war us n means for hastening this end. 1 ngreo with the suggestion of Mr. Jefferson, mndo nearly 100 years ago, thnt wo need Cuba to round our territorial domain." On tho question of the debt placed upon tho Cuban revenues lu tho Inst days ot SpanlBh sovereignty Mr. Vest snld; "I suppose that debt will have to bo dis charged nftcr things get settled In Cuba. Hut probably this can ho done by arbitra tion. Under no circumstances, however, should this' country bo held ns security for that debt." HllnolN to Kleelrueule, SI'HINOFIEhD. III.. Feb. 0 A bill wns Introduced In tho linupu todny providing that nil persons hereafter sentence I to death shall bo oxecuted by means of elec tricity. This was followed by tho Introduction of another bill to npnroprlntn W.ooo for the purchase of an electrocution chair nnd necessary appliances. Some Soon-to-be Mothers' i GRIX AND ISISAIi I'X' nnd others have months of peace and comfort passing through tho weary tlmo beforo confinement. The latter attain till ease by uslug externally tho unique liniment, OJ?CjKs FHCBltS" In beneficent Influence makes child bearing a pleasure, as It relieves ull nervousness, headache, pains and nausea. ' A customer, whx lfe u&cil Mothrr't Friend,' y tfut II he hcl to go through th nrilrUtfain.ind tut four Utile l were lo e oUllnctlandthecott wu ii r U,IUe, U vUJ lire them. Clio. LAYTON, Druj jUt, Ut jrtca, O." Scat hf rtii paid on receipt of rtke, ft I per bottle. Book for tipectut I mothert, entitled Motherhood." maljeij trc. TnlE IIIiAni'IFI.O IIKfillllTOH .. Atlanta, Vm. ner's lTlciiu ii toij t.y u orugiuu. what you Eat We Eat Too Much A Prominent New York Spcclalisl Says Hundreds of People Kill Themselves by Ovcr-naliiif and Not Paying Enough Attention to the Pood They Eat and to the Condition of Theirnowels. When Interviewed laBt wrck one of the New York specialists tnndo the follow Ing statement: "Everyone cats too much. Tho habitual eating of moro wholesome food than the stomach cnu digest Irritates and excites the stomach nnd causes many stomach troubles, such as gastritis, gastric catarrh, dyspep sia and Indigestion. Of course thrro hto other causes tor theso diseases, such us tho use of alcohol, the excessive uso ot tea or coffee, eating nt Irregular hours, eating too rapidly und Imperfectly chewing the food. Ninety per cent of tho population of this country suffer from stomnch trouble nnd 75 per cent of the ninety suffer from In digestion, If anyone has thnt uncomfortable feeling In the stomach, n hradacho or u feeling ot repression, ho should at onco take a traspoonful of Cascarlnu, which will move his bowels and relieve bliu at ouce. If any one suffers from Indigestion und gas on the stomach, he should take Caicarlne, the gentlo and plruslnt Uxatlvc, which I use In my practice and which Is rrcomnirndrd by thousands ot peoplo who have lined It, It you cannot sleep at night, If you nro rest less nnd have palpatatlon nt the heart, which usually leads one to believe he hns brart disease when In reality It Is nothing more than accumulation ot gas In tho stomach, you should tako n tenspoonful of Cnscarlno beforo retiring nnd ntter continuing for u work you will find you nro troubled no moro and can sleep well and sound. It your tonguo Is contrd nnd you find a bad taste In your mouth your stomach Is out of order and requires Casrarino to put It In shape. You must not rnt loo much nnd you must huvo your meals regular nnd cnt well-cooked food. There uro many remedies, dlgestlvo ferments, digestive tnb lets, inlncrnl waters nnd thousands of other so-called cures, but all havo to be taken constantly In order to do any good nnd after using for a tlmo becomo worthless. Cns carlno Is Buporlor to all others. It stimu lates tho liver, moves from the stomnch all Impurities, nnd acts as n tonic on the wholo system. Mothers should bo careful not to uso nny other lnxatlvo for tho children and tho houso-wifo who has n bottle close at hand ready to ubo when necessary will find It Is tho most economical thing she ever bought. When you nsk for Cnscarlno nt your druggist's be suro you get Cnscarlno (which cornea In bluo and whlto wrappers) nnd not cheap tablets or pills, Insist on Cnscarlno nnd If your druggist hasn't It ask him to get It for you of his Jobber. NERVITA PILLS Restore Vitality, Lost Vigor and Manhood Cnra I m potency. Night Emlnslont, Loss of Mem ory, nu waning uiscnees, nil otTocti of nelf-nbuao or! ioxccbu and Indiscretion. 60 PILLS 50 CTS. A norvo ton lo na Iblood butldor. Urines l Ts 'J tho pluu glow to pnlf ViTNNvr chooks and restores tin ErWAKVflre of youth, lly moll mR "OOo tr bo. O Imxes for $2.60, with our bankable ffaurnnteo to euro or refund the money paid. Send for circular and cpyof our buukublo guurntiteo bond. Nervita Tablets (iellow LAm:M I-XTRA STRENQTH Immediate Remits FoitIvely Buaranteid euro for Loss of Power, Vnrlcocolo, Undeveloped or Hlirunken Oreani, Fnresls, Locomotor Atnxin, Nomina l'rotin tlon, Ilyntnrln, Flu, Intmnlty. 1'aralyf.U tnd tnt Itntults of Kxcesilvo Ubo of Tofcucco, Cidinn or Ltuuor, By mnil in plain pnekn$e, 1,00 a box, O for $5.00 with our banli.'olo (fuar vnteo bond to cure in HO days or rotund money paid. Address NERVITA MEDICAL CO. Clinton & Jackson Sts , CHICACO, ILU For huIf) t,y Kutin & Co., I6tli and Doula Ht Omuhu, Neb.; Geo. a. Davis, Council lllulTn, luwu. WOMAN'S CROWNING GLORY U Ur h!r. If fifty or Mnhrd, It tin Let" itoff-l to lit rtitural color without ItxJury tohcUh or tcilp by on Application tiht Imperial Hair Regenerator TUB STANDARD HAIR COI.ORINCT. It I, aUolutcly hermlelt. Any tharie- pntUuied. Color fj.t. ftff ONK Ari'f.lCATION LASTS MONTHS. Simple ot ) o-f ntir coloied free. Imperii! Chem.Mli.Co.,22 V.23i St..Nw Vrk Hold by nil druKglnts nnd hnlrdrcnBcrs. BARTEL & MILLER 100 llroilllivtty, Coillliull IIIuITn. coiti:i: Arlcsin, per lb ico 11. Urnnd i6o I'Mtbodv 25c Hlo, beat q HantoM 25c 2-lb. can Mnchu nnd Jnvn.... 5o a & m. niend jo TIJAS- Suri-Dried Jnpnn, prr lb xo Spider !.ob, per lb DOo Ounpowtler, per lb S0c Jounc Hyson, per lb tt htiKllali lircukfast, per lb T6c Genferville Goal And coal from tho boot mlnut- In tho couutrt . Also hnrd eonl and wood. 1'roinpt delivery is our motto. Transfer Line Between Council Bluffs and Omaha council HlufTs Offlcft. No. 23 North Main St. Telephono 128. Oiiiiiim Ofllco, 311 South 12th Struct. Telephono 1308. Connection mado with South Omnha I rnnhfui'. WILLIAM WELCH, RHEUMAnSM ITho Hcd ('rom Ithoumntlsm Curt-, a prompt und miro euro for rhmunatUtn in any form Cures Hclutlen, lumbago, neu rnlKln, Kout, pulriH in thn bnck, lurnenesr. milt nnd Hwollen JolntH. Tho best blood purifier inudo. A wonderful rmwdy-him cured thr-UHnnds, will runs you try it. At (lriltr Htores or Hunt by xprrsH, prupald. I'rlco Jl 00. Hed Crofts I)ru Co., Council IiluffH, lown, HOWKI.VS Asiii-Kawf A baA coUKh 1" Junt awful. Antl Knwf 1h Junt tho thlnK. SSc nt tht druif Htore, J or, my. uizi aoimijr. oU Kidney Kidneycura. ftChc, rto. At 1ruif plug, or br wait. tl Krrei book, Ttoe, etc., ot Pr. n. J. Khv, Hnr"it, N. V. HII'ANS TADl'l,K3 In nn effectual cur i rnr tne iiih wnicn originate in n bud rtonj' '"W era :h. 10 for 6c. At ull druigliu, 7 I