TIIE OMAHA DAILY BEE: FRIDAY, FEBRUABY 15, 1901.
8
ANOTHER OFHCE IS DEAD
Pot.tion of Bute Weighmutei Hu Ho
Longer Legal Exiitenoe.
OPINION OF ATTORNEY GENERAL PROUT
Supreme Court' Dt-rlaton on the
Statu Board of Transportation
Lair Carried the Minor
Affair Down Alio.
LINCOLN', Feb. 14. (Special.) Attorney
General Trout today pave an opinion In
which he held that the office of state weigh
matter and his assistants have no legal
existence. This opinion is based upon the
decision of the supreme court, which de
clared the Board of Transportation act un
constitutional. He holds that according to
the statutes the welghmaster can be appointed-
only by the transportation board,
and as there is no board there cannot,
therefore, be any welghmaster. The welgh
master In turn appoints his assistants and
the table construction is placed upon their
offices.
William Mach of Omaha was recently
named by Governor Dietrich for the posi
tion of welghmaster, but since the opinion
was rendered today the appointment has
been withdrawn. Attorney General Prout
holds.
I have received your recent letter In
forming me that there la a state weigh
master located at Omaha, with assistant
at other places, and In this connection you
ubmlt the following questions;
"1. Are the present acting welghmaster
and milMants legally holding1 their respec
tive offices
"2. Is there at the present time a statu
board of transportation which Is qualified
to appoint a state welghmaster nnd assist
ants? "X. It thtre Is no such board 1 there any
authority under the law for the appoint
ment of a state welghmaster and assist
ants? "4. If so. who Is the appointing power"
The leglelaturn of 1M1 passed "An net to
treat and regulate nubile warehouses, and
the warehousing, shipping, -weighing and
Inspection of grain." Bee sston laws of
1SS1, pp. .V3-393. Section 1, page 2)2, of this
act is as follows: "That there shall be ap
pointed by. tho State Board of Transporta
tion In nil cities where there ts state In
spection of grain a state welghmaster and
such assistance as shall be necessary."
I.A1T AVn Plain.
The appointment of statn welghmaster
and assistant was no doubt made under
tn foregoing provision br the Boird of
Transportation. The section quoted from
the warehousn act of 1SS1 Is part of a law
"defining additional duties of the Board
of Transportation In counties with public
warehouses," and Is one of the sections
conferring such additional duties upon that
board. The right of thn welghmaster and
assistants -to hold and exercise their
offices therefore depends upon their ap
pointments the Board of Transportation
under the added powers conferred by the
art of 1S91. When that act was passed the
Board of Transportation depended for Its
existence upon chapter lx, Session La"ws of
1RS7. The validity of the net creatlnr the
State Board of Transportation was before
ne supreme court in tne mate againsi
MUsouri River .Railroad Company.
It la. clfar from the decisions of the su
preme court that the State Board of Trans.
Donation had no leeal existence In 1S91
when the legislature attempted to ronfer
upon that board additional powers, among
wnicn was authority to appoint a weign
maMer and assistants. There being no
such board.-and the act of 1531 not purport
Ins to create one. that portion of the slat,
ute relating to added powers of the board
was necessarily Ineffectual.
The whole chapter lx. Session Laws of
1M7. creating the State Board of Tran.por
tatlon. being void, it did not repeal chapter
Ixv, Session l.aws of 1SS5, providing for a
board of railroad commissioners, and the
validity of the act of 15S3 was not Impaired
bv the void act attempting to repeal It.
The law relating to such attempted repsali
has been stated thus: "Where a repeal of
prior laws Is Inserted in an act in order to
Insure the unobstructed operation of such
act. and It Is held unconstitutional, the In
cidental provision for the repeal of prior
laws will fall with it." iSutherlaml on
fltatutnry Construction.4 section' 175; Quin
land against Rodgers, i: Mich., ICS.)
I.avr of IMS.-. In In Force.
T'i act of 1S5 creating a board of rail
road commissioners if valid was In force
wl'en the law of lfSl clothln? the Board of
Transportation with new powers was
enncted. In the two acts the names of the
boards were different Under the act of
HSi tho board consists of three members.
The law- of 1KS7 provided for a board of five
members, and the powers of the two boards
differ In many respects. I am satisfied that
these new powers did not fall to the Board
of Railroad Commissioners as created by
the act of WS.
In mv view of the law your questions
should be answered as follows:
. 1. The present actlnsr welghmaster and
assistants are not legally holding their re
spective, offices.
I. There Is not at the present time a
state board of transportation which Is
qualified to appoint a state welghmaster
and assistants.
3. There Is no board -with authority to ap
point such officers.
4. Them being no office of state welgh
master there can be no officer with power
to appoint one.
Free I.nlinr Kmnlnyment Offlre.
Senator Llddell of Douglas county Intro
duced a bill In the senate today the object
of which Is to establish a free .public em
ployment office In metropolitan cities, and
to provide for the appointment of a labor
commissioner, and for licensing and bond
ing labor employment agencies. The bill
provides for the appointment by the mayor
of a labor agent to take, charge at a salary
of J10O per month to manage the free
bureau. All other labor agencies are re
quired to pay a license of J 300 annually and
give bond In the sum of $10,000.
Senator Currle hat a bill which provides
that graduates from all accredited colleges
of Nebraska shall be entitled to state
certificates the same as those who are
graduated from the State university and
State Normal schools. A bill amending the
Cancer
There are
never any ex
ternal signs of
Cancer until
the blood is
polluted and the system thoroughly con
taminated by this deadly virulent poison.
Then a sore or ulcer appears on some
part of the body; it mav be small and
harmless looking at first, but as the can
cerous cells form and are deposited by
the blood near the sore, it increases in
size and severity, with sharp shooting
pains. No matter how often the sore is
removed by the surgeon's knife or flesh
destroying plasters, another comes and is
worse. The real disease is in the blood,
and the treatment must begin there. The
poisoned blood must be invigorated and
purified, and when this is done' can cerous
cells can no longer form and the sore will
heal naturally and permanently.
Mrs. Sarah M. Keeitlng,
oil Windior Ave Bristol,
Venn., writes' - I am 4!
.tears old. and for three
years had suffered with a
severe form of Cancer on
iny jaw, which the doctor
aid was incurable and
that I could not lire more
than six taontb. I accept,
ed their statement at true,
and had given up all hope
of ever being well again,
when ray drurcUl, know
log of rnyconduion.recom
tnended S. S. S. Aftertak
tne a few bottle the sore
began to heal, to the iurpriaeof the phynctans,
s do in a short time made a complete cure I bare
gained in flesh, my appetite is splendid, sleep it
rtftethlng In fact, am enjoying perfect health."
overcomes this de
structive poison and
removes every vestige
B IJ IJ of it from the system,
makes new, rich blood,
strengthens the body and builds up the
general health.
If you have a suspicious sore, or have in
herited any blood taint, send for our free
book on Cancer, and write to our medical
department for any information or advice
wanted ; we make no charge for this ser
vice Your letter will receivs prompt and
careful attention, and will be held ia
strictest confidence,
THE SWIFT SPECIFIC CO., ATLANTA, GA, '
school law, by Senator Weber, provides
that teachers shall be employed by the In- i
coming Instead of the outgoing board, and
further, that no relative of any member of
the school board shall bo employed as a
teacher by that board.
The meeting of the senate committee on
medical societies, which was called for last
night for the purpose of considering bills
before It, was postponed until next Monday.
The most Important bills before It provide
for the lawful practice of osteopathy and
Christian science In Nebraska. The osteo
paths have had a strong lobby here since
the session opened and will make an earn
est effort to have their bill favorably
recommended, while the physicians of the
state are Just as determined that the bill
shall not become a law
The senate committee on labor met this
morning to consider a bill which provides
for state examiners of stationary engineers.
A large delegation of stationary engineers
were present from all parts of the state
and urged the passage of the bill, but aa
only a part of the committee was present,
no action was taken.
FUNERAL OF JUDGE MAXWELL
People from Many Places Flock to
Fremont tn Honor the Dead
Jnrlat.
FREMONT, Neb., Feb. 14. (Special Tele
gram.) The fnneral of Judge Maxwell was
from his home this afternoon. Many attor
neys and old acquaintances of the family
from out of town were present. The heavy
black casket containing the body was sur
rounded by elaborate floral designs, most
conspicuous of which was a large broken
wheel from the Dodge county bar. The
hymn, "My Days Are Gliding Swiftly By,"
was sung by Messrs. C. M. Williams and
M. Baldwin, Mrs. Shaw and Miss Tara
Love. Prayer was offered by Rev. N.
Chestnut of Kansas City, a former pastor
of the deceased.
Rer. W. II. Bush of the Congregational
church, delivered an eloquent eulogy. The
secret of his success, he said, was Intense
Industry, unswerving fidelity to duty and
his Christian statesmanship, He spoke of
the Judge's success as a lawyer, a Judge, a
congressman and as a writer of law books,
which are everywhere accepted as a stan
dard, and have won for him a reputation
not confined to his state. He also referred
in glowing terms to his career In laying'
the foundation of our constitutional, leg
islative and Judicial enactments, which
have appeared In the territorial columns
of our metropolitan dallies and which have
made htm one of the most prominent men
In the history of the state. Mr. Chestnut
spoke of his Christian bounties.
He emphasized bis exemplary conduct and
adhesion to the ranks at Christianity, which
shows by deeds more than by words the
depth and sincerity of his conviction. He
also spoke of the veneration and affection
In which the Judge was held by all who
knew him. In closing he read a few ex
tracts from a letter written him by the
Judge February 2. in which he wrote of hlB
abiding faith In God's guidance and protec
tion. The hymn. "Comfort Me," was sung by
the choir. The closing prayer was by Rev.
N. Chestnutt. An opportunity was given to
view the body and as the large crowd of
people, which filled all the rooms downstairs
and the front porches, slowly filed through
the darkened parlor where rested all that
remained of htm they delighted to honor the
eyes of many were suffused with tears. The
body will be taken to Plattsmbuth tomorrow
morning for burial. The bearers are: C. M.
Williams, F. W. Vaughn, F- W. Button, A
K. Dame, A. H. Brlggs and S. S. Sldner.
Faith In Captain Dorrlnctnn.
CRAWFORD, Neb.. Feb. 14. (Special.)
General rejoicing over the western part
of the state Is manifesting Itself over the
recommendation of Senator Thurston of
Captain L. A. Dorrlngton for appointment
In the regular army. Dorrlngton' Is the
only soldier In the Philippines from west
ern Nebraska, and since the declaration
of war with Spain has been In continuous
service among the volunteers. His record
as a soldier Is reported as second to none
during the occupation of the Philippines,
and Senator Thurston has acknowledged his
worth and pleased all his frlendn In this
part of Nebraska. Everybody Is Al Dor
rlngton's friend and all believe he will
make one of the best military men In the
army. Brave, manly, temperate and edu
cated, with all his firmness he has a heart
In his breast as big as Crow Butte. People
here feel that the army should be made up
of Just such men.
Court In Session at Dakota City.
DAKOTA CITY. Neb.. Feb. 14. (Special.)
The spring term of district court for
Dakota county is now In progress, Judge
Guy T( Graves presiding. The case of
the state of Nebraska against James C.
Riddle and James 'Flynn, charged Jointly
with the Illegal tale of liquors at Crystal
Lake, resulted In Riddle being acquitted and
Flynn being found guilty. William Leach, a
Covlngtonlte. also 'accused of Illegal sale
of liquors, was declared not guilty.
Nebraska and .Vrlirn.Unn.
hYJich expects to erect a brick school
bulldtnc to accommodate Its growing school
population.
Gage county farmers are losing a large
number of hogs from some unknown dis
ease, ote farmer losing his entire herd.
Norfolk complains of a scarcity or dwell
lng houses, but a large number nra ex
pected to be erected during' the coming sea
son. North Platte Methodists are conducting
a very successful revival and already many
conversions have resulted. Thev Intond to
keep It up until all the unregenerale are
brought In or take to the sand hills.
During January the grass started on the
range In many places In the western part
of the state. It Is now burled under a nice
blanket ofsnow. but has a good start for
spring, when the weather concludes to
warm up again.
A report that the North Platte wom'n
contemplated "Natlonlzing" Fome af the
saloons of that place caused consternation
for a few days recently. It develops that
they only decided to see that the Sunday
closing law was enforced.
Company K of the National Guard at Co
lumbus recently purchased a bulldlns fo
an armory. Being a few hundred dollars
shy the members gave an tmateur the
atrical performance to raise the funds. A
large audience finally escaped on the pay
ment of 50 cents each.
Dr. Love of Wllber went away on a visit
and when he returned built a tire lti the
cook stove. He forgot nil about the water
connections, but soon had occasion to re
member them. One of the stove lids has
been recovered and a few days' work by
carpenters, painters and glaziers will make
tho house os good as new.
A number of farmers whe formerly lived
near Clarknon moved to Wisconsin a couple
of year-i ago and purchased land from
which the pine timber had been cut. They
found grubbing out pine Btumps a raucn
mora laborious task than breaking Ne
braska prairie and a majority of them In
tend to return to Nebraska.
Inwa Man for Theft t Mull.
SIOUX FALLS, S. D., Feb. 14.-(Speclal
Telegram.) A', va L. Towne of Council
Bluffs, la., who was Indicted by the United
States grand Jury recently In session at
Deadwood for stealing a mall sack from
the postofflce at Piedmont, S. D., was today
taken before Judge Carland of the United
States court and pleaded' not guilty. In de
fault of bonds he was placed In tne county
Jail until the April term of federal-court.
Hi-Sheriff Arrested.
PIERRE. S. D., Feb. J4.-Sneclal Tele
gram.) Ever since the Blasslngamc case xl
Fort Pierre there have been Inttmatlonb of
other cases In the same ilne. This morning
XV. r Oakes, an ex-sheriff of Stanley
county, was arrested on a warrant charg
lng him with horse rustling. He was given
a preliminary hearing and placed under
bond for his appearance In court.
"I was In bed Ere weeks with the grip
nerves shattered, stomach' and liver badly
deranged. Was cured with Dr. Miles' Nerv
ine and Nerve and Liver Pills." D. C.
Walker. HallsTllIe, O,
SHOT TILT RILLED ZAUN
lour Witnwees Deolsro They Saw Rhea Aim
Revolver at Hiin.
ONE-ARMED MAN IMPRESSES JURY
With on llnsj- Smile nnd a Drnrrllnc
Voice John Kemnltr Reports the
Dramntlc lilonuence of Attor- 1
tier for the Defense.
FREMONT, Neb.. Feb. 14 (Special.)
In the Rhea murder case' today four wlt
nessos swore that they saw the defendant
aim his revolver and fire the shot that
killed Herman Zahn. Each was subjected
to a severe cross-examination by Mr. Gray
or Mr. Maynard, which has only strength
ened the case for the state. The evidence
so far falls to show that Darrell had much
to do with the affair.
Fred Koeppen, bartender, testified that
he heard some talking In front of the sa
loon. Oriey and Albert Schneider came In,
closely followed by Gardner nnd Rhea. He
said, "Rhea pushed his gun In my face and
1 dropped down behind the bar. Then 1
heard the foul words, and a shot fired. I
got and saw Herman Just falling. Rhea
came around behind the bar and I skipped
out the back way. There was between $70
and ISO taken from the safe."
On cross-examination be testified that
Zahn was sitting at a table on the north
side of the room when themen came In.
Rhea and Gardner stood In front of the
bar, side by side. He did not see the shot
fired. Both men had revolvers. Zahn
pressed his hands to his side as he fell,
and lay five feet from the door, with his
head to tho east.
Ienpn Tliroucli Window.
John Schwanka saw defendant and Gard
ner outside. When Gardner and Rhea
came In he was standing In front of the
bar talking with Koeppen. As soon as he
saw the guns pulled he vaulted over the
bar and stood on the back side of It and
saw the fatal shot fired. He then dropped
down behind the bar. Rhea came around,
called blm a vile name and told him to
"Git!" He Jumped right through the win
dow, landing flat on the sidewalk. Almost
the Instant he struck the planks Gardner
grabbed him by the collar, shoved a re
volver against his head, marched him back
Into the saloon and seated him In a chair
near the stove. He left him there with
his hands up and Rhea came over and
struck him on tho head with the butt of
his revolver. On cross-examination be said
that he passed tho three strangers on
the walk In front of the saloon and heard
no angry words or loud talking whatever.
Zahn got up from the table when the men
picked up his chair, but quickly set It down
nnd took a step or two toward the men, at
the same time saying: "Boys, don't "
At that Instant, with a word still on his
lips, he was struck by the bullet from
Rhea's revolver and fell to the floor. Ho
denied having had any trouble with any
of the three men earlier In the afternoon
or of hearing of any trouble between them
and the Schneider boys. Schwanka Is a
man weighing over 100 and the saloon win
dow was well smashed when he Jumped
through It.
Mllil-SpoUcn Jinn's Trlllnir Evidence.
John Kemnltz, a mild-spoken one-armed
man, was the next witness. He was stand
ing near the stove when he saw Rhea and
Gardner come in and heard the order,
"Hands up." He didn't comply, because
physically unable to do so. He, too, saw
the fatal shot fired and corroborated the
testimony of Schwanka as to the actions
of Zahn. He was cross-examined for nearly
an hour by Mr. Gray, who tried in every
way to break the force of his testimony,
which appeared to have had great weight
with tho Jury. He was asked In regard
to the location of the furniture in the sa
loon and all the movements of the men. He
denied having heard any quarrel between
the Schneider men and the strangers.
Mr. Gray became much excited and,
graeping a chair by the side and back,
raising It in the air and taking a step
toward the witness, he asked In a loud,
high-pitched, excited voice: "Didn't Zahn
grab that chair this way and start for
Rhea?"
"No, sir," came the answer. In slow,
mild tones, accompanied by a smile on the
witness' face.
"And If any man," Mr. Gray continued,
with the chair still In the air, "comes In
here and testifies so he Is testVylng to
what ain't so? Do you swear to that?"
finite tJrovra Ilrondrr.
"Yes, sir," was the answer, In the same
tone, and with the smile a little broader.
John Kemnltz was playing cards with
Zahn and three others. His testimony was
the same as that of the others. On cross
examination by Mr. Maynard he got a little
contused about the location of the tables,
stove and bar In the saloon, but adhered
to the main facts. He was evidently so
excited the night of the shooting that he
did not know exactly where things were.
At 2:30 court adjourned to 4.30 to attend
the funeral of Judge Maxwell.
W. A. Schwlchtenberger was the first wit
ness called after adjournment. When he
heard the first shot he came out on the
street and looked Into the window of Zahn's
place and saw the men there with their
hands above their heads. Rhea was just
going around back of the bar. He went Into
his bsrber shop and got two revolvers ajid
also goj some cartridges from a hardware
store, and coming back to the back door of
the saloon, which be found open, be looked
In. He Baw Rhea behind the bar and Gard
ner walking up and down In front. Rhea
was trlyng to smash the cash register with
his revolver.
Sell Tlolitr ulterior Shoots,
Witness emptied one revolver at him
without effect. Gardner then came out of
the back door and called out to the de
fendant: "Corae on. BUI; now's your time,"
at the came moment firing directly at the
witness, who was about forty feet away.
The bullet whizzed past his ear and he re
turned the fire. Gardner dropped to his
knees and, taking deliberate aim, fired at
the witnens several times without effect.
The next time he saw Gardner was at Crow
ell, when he was under arrest. While firing
at Rhfa the witness stood about twenty feet
from the open back door and rested his gun
against the corner of an outhouse.
On cross-examination Mr. Gray tried to
make out that the witness could not have
teen Rhea from where he stood, but the
wltnfss inslcted he could see blm plainly
working at the cash register. On re-direct
examination he said he saw the three men
In Klngbaum's saloon between 2 and 3 the
afternoon of the shooting; that Gardner bad
a rather swaggering appearance and told a
man sitting at the stove that he' (Gardner)
was a bad man. Chris Hoelke was one of the
four playing cards with Zahn. After Zahn
was shot the two men made him sit down on
the floor by the pool table with hU legs
stretched out flat. The balance of his testi
mony was substantially the came as that
of Kemnltz, who was at the same table
with , him. He also said that Rhea took
Zahn's watch while he lay on the floor. On
cross-examination by Mr. Maynard he
was not so sure about the watch and was
unable to give the location of the tables and
chairs In the saloon. Like all the other
witnesses so far he emphatically, denied that
there was any trouble or quarrel between
the three stmngers and any of the Snyder
people before the shooting, and was sure
that If Orley and August Schneider bad
bad a quarrel with Gardner and Rhea in
front of Zahn's place he wculd have Known
It.
TELLS OF FINDING THE BODY
Will Mront Testifies nt Broken llorr
That Fnllhart Always Carried
a "Weapon.
BROKEN BOW. Neb.. Feb. 14 -(Special
Telegram.) Eight more witnesses were on 1
the stand for the state In the Fullhart mur
dtr case today, which is Just halt the num
ber subpoenaed In behalf of the prosecu
tion. The principal witnesses were Will
Groat, a ranchman living near the Fullhart
ranch at the time of the tragedy, and
Sheriff Armstrong. Groat is the last one
to have seen Fullhart alive, and the first
to have found him dead. He testified to
having been at the home of the deceased
November 15 after his dog. Oxley was
stretching wire on the posts and Fullhart
was forty rods distant watering his stock.
When he found the body November 2i he
was but a short distance from where Oxley
was stretching tho wire on the loth. About
forty rods of posts had been set and two
rods more wire stretched.
He testified that Fullhart always carried
a weapon. He and Fullhart had trouble lasti
August and Fullhart pulled his revolver
on him and he overpowered him and took
t away from him and kept It until he
promised not to shoot. Fjllhart had the
same revolver with him the last day Groat
saw him. He told of going with tho neigh
bors to identify the cattle Oxley had sold
at the Tlerney ranch and those he left at
tbe Gamble ranch.
Sheriff Armstrong's evidence gave In de
tail bis examination of the body, from
which he secured $7, and tbe search of the
house where he found three or four guns
and a sword.
He testified that two tracks accompanied
the sled out to where the fence was being
built and told of tracking Oxley from Ar
nold, by the way of Gothenburg, to Omaha
and Louisville, where he captured him. He
stated that a few days after Oxley's arrest
he told him he would soon be able to clear
the matter up, as bis brother, George, and
one of the Parks boys had gone to Merna
to telegraph Charles C. Crawford, from
whom he had bought the cattle, to meet
them at Anselmo. There Is said to be no
such ranchman In that part of the coun
try. Trnlllni; the Cattle.
James Judge, foreman of the Tlerney
ranch and the man who bought four head
of tho Fullhart cattle of Oxley. told of trail
ing the cattle back from his ranch to within
a mile of tbe Fullhart ranch. He was as
sisted by H. B. Andrewp of Anselmo and B.
E. Kellenbergcr of Merna. Andrews and
Kellenberger corroborated his evidence.
Louis Filler, an old man uho lives within
three miles of the Fullhart ranch, testified
to seeing two of the cattle left at Gam
ble's at Fullhart's place November 15. As
this was but four days before they were
taken to Gamble's ranch It Indicates that
the old man was killed between the 15th
and 19th.
B. A. Elder of Anselmo told of driving
a real estate man by tbe name of Barnes
to the vicinity of Fullhart's November 22,
the Thursday before the body was found
on Saturday. They drove to the Fullhart
house, but he was not there, but they saw
a dog and a horse half a mile away, where
thn body was found later. Groat accom
panied them to the land, from -there they
could see the dog and horse, but did not
go on with them to the Fullhart house.
The friends of Oxley from Arnold, who
are attending the trial In great numbers,
still persist that Oxley Is not guilty of the
murder, but do not Intimate what the de
fense will be, except to Bay Oxley bought
the cattle.
J. B. Seldler and brother of Cuba, Kan.,
who are half-brothers of the deceased, are
attending the trial.
JURY IN GENTLEMAN CASE
More Than One llnndred nnd Fifty
Men Kxnralnrd Ilefore Twelve
Are Chosen.
COLUMBUS. Neb., Feb. 14. (Special Tel
egram.) At 0:10 this evening a Jury was
secured tn the Gentleman murder case.
All day the sheriff and deputies had been
scouring the hedges and highways for tales
men, and with few exceptions they had been
excused for cause. Including the regular
panel, over 130 men were examined before
the twelve good men and true were chosen.
As soon as the last challenge had beea
exhausted and the next Juror passed for
cause they were duly sworn and em
paneled and then court adjourned until 9
o'clock tomorrow morning, when the state
will put on Its first witnesses. The state
has something over thirty witnesses and
the defense even more, and it is not prob
able that the case can be given to the
Jury before Tuesday.
Following Is the Jury: Nicholas Adamy,
farmer, German, Sherman township; Otto
Kahlwell, farmer. German. Grand Fralrle;
Charles S. Easton, merchant, American,
Columbus; William Swartsley, farmer,
American. Columbus, Fred Asche, mer
chant, German, Columbus; II. C. Newman,
merchant, American, Columbus; Jay Ste
vens, liveryman, American, Columbus; Otto
Meuller, farmer, German, Shell Creek; John
Scbram, farmer, German, Columbus; Rob
ert Herschbrunner, laborer, German, Co
lumbus; Joseph Henggler, farmer. German,
Bismarck; Frank Morse, painter, Ameri
can, Columbus.
Tbe court room was crowded all day
and standing room was at a premium. Many
vomen were present. It was noticeable
again today the large number of Jurors
who swore they could not return the death
penalty, even though the evidence war
ranted and the law Instructed It. There
Is no change In the demeanor of Gentle
man. He looks about him but little and
when not consulting with his attorneys
seems to pay strict attention .to what is
going on, yet tries to conceal himself from
view as much as possible. What defense
will be offered In bis behalf Is not known,
but It Is freely intimated that It will bo
a plea of emotional Insanity.
"My stcmach nas affected by grip and I
could eat nothing but crackers and milk.
I began taking Dr. Miles' Nervine and Pain
Pills nnd the trouble disappeared." Mrs.
J. Llndsey, Montrose, Minn.
Injured In Conntlnc Accident.
LAFAYETTE, lnd.. Feb. U A t-erlous
coasting accident occurred here last night
In which many were Injured, A bobslel
filled with coasters ran Into a tree. The
most seriously Injured are; Oliver Martin,
internal Injuries, Edward Martin, leg
broken; Mrs. Frank Snyder, ankle sprained;
Robert Hamilton, bruised; Miss Sina Haller
injured In chest.
A Chicago Boy says he would rather have Dr.
Caldwell's Syrup Pepsin than maple molasses.
SjkTi 4ft? ft)
COLE COLLINGS
SOLD
All Druggists. Wholesale nad Retail.
' tNCLE SAM MAY CET THEM
Eale of Dmiih Weit Iodlei an Immediate
Pouibilltj.
RIGSDAG IS TIRED OF APPROPRIATING
Kins- Christian Would Trefer to Re
tain Them, hnt I Willing to
Do Whatever Seems
It est.
COPENHAGEN, Feb. ll.-Important de
velopments In regard to the sale of th
Danlsh West Indies are expected shortly
It Is satd In well Informed circles that the
foreign office is unab'.e to send a definite
and favorable reply to the United States.
King Christian, It Is understood, gave as
surances that while he preferred the Islands
to remain Danish, if the circumstances
could be Improved, he would do nothing to
prevent their transfer.
The Rlgsdag has apparently concluded
that enough expenditures have already
been made for the West Indies, so It is un
willing to give the further appropriations
necessary to retain them.
FOR BUILDING DEFICIENCY
South Dakota Legislator Prepare to
ray ntlU V'hlrh Predeeessora
Have Accumulated.
P1ERIIE, S. D.. Feb. 14.-(8peclal Tele
gramsNeither house did much business
today, as they were all prepared for their ,
holiday, which Is to last until Tuesday I
In the house bills were Introduced to ap-1
proprlate M5,000 for building and fuel de
ficiency, providing for resurvey of town
ships and for meeting the expense of the
same. The house Judiciary committee re
ported favorably on the senate negotiable i
Instrument bill and while It may pass the ,
house the chances are considered against
it. Wlllmarth called up tho Ninth Judicial j
circuit bill and It on!y failed by one vote, (
securing- BT, while another was needed for '
the required two-thirds. He secured an-
other reconsideration and It Is again a spe
cial order for Thursday. The house passed
the senate bill In regard to the manufac- ,
ture, sale and use of alrguns and cannon I
crackers, only five members voting against '
tho bill, which had a rocky road In the
senate and goes back amended. It prohibits i
crackers of more than three Inches In
length, but puts no limit on the diameter
The senate transacted nothing except the.
consideration of committee reports and tho
adoption of a resolution memorializing con
gress to increase the annual amount nl
lowed for each pupil in the Indian schools
One of the witnesses notified to appear be-
fore the Investigating commltti?! made his
appearance this morning and all will now
be subpoenaed tn regular form. The wit
nesses notified were ex-Governor Lee,
Public Examiner Taylor and Private Becre
tary Ayres. The testimony required from
them Is to sustain the charges made In
the reports and In the message of Lee.
Gasoline Victim Die.
PIERRE, B. D., Feb. 14.-(SpecIal Tele-gram.)-Ulrika
Hegglund, victim of a gaso
line explosion, died at the hospital from the
effects of her Injuries.
W. L. Taney, Padueah, Ky writes: "J
had a severe case of kidney disease and
three of the best physicians In southern
Kentucky treated me without success. I
was ltduced to try Foley's Kidney Cure.
The first bottle gave Immediate relief and
three bottles cured me permanently. I
gladly recommend this wonderful remedy."
Myers-Dillon Drug Co.. Omaha; Dillon's
drug store, South' Omaha,
SNOW AND COLDER IS THE TIP
Weather Man Warns Nebraska .
Snuth Dakota to Prepare for
a Wintry Day.
ind
WASHINGTON, Feb. 14. Forecast for
Friday and Saturday:
For Nebraska, s'orth and South Dakota
Snow and colder Friday; Saturday fair;
northwesterly winds.
For Iowa Rain or snow Friday; Saturday
fair In western, clearing In eastern portion;
colder; southeasterly winds.
For Missouri Rain or snow In northwest,
fair In southeast portion Friday; Saturday
rain or snow and colder; southeasterly
winds.
For Kansas Generally fair Friday, ex
cept snow and colder In northern portion;
Saturday fair in northern, rain or snow and
colder In southern portion; northerly winds,
For Wyoming and Montana Snow and
much colder Friday; Saturday fair; north
erly winds.
I. oral Record.
OFFICE OF THE WEATHER BUREAU.
OMAHA. Feb, H. Official record of temper
ature and precipitation compared with the
corresponding day of the last three years:
1901. 1W. 1893. IK!?.
Maximum temperature.... 43 6 44 H
Minimum temperature.... 22 2 1 8 30
Mean temperature 32 4 30 41
Precipitation 00 .25 T .07
Record of temperature and precipitation
at Omaha for this day and since March 1.
1900: Normal temperature H
Excess for the day S
Total excess since March 1 .1330
Normal precipitation 03 Inch
Deficiency for the day 03 Inch
Total since March 1 31.19 Inches
Excess since March 1 32 inch
Deficiency for cor. period, 19M,.. 4.42 Inches
Deficiency for cor. period, 1899... 4. 68 Inches
Reports from Stations at 7 1 M.
1 2 r "3
. a ! 5 I s
STATIONS AND STATE
OP WEATHER.
: c ?3
rt
Omaha, clear I 3Si
North Platte, partly cloudy ss
Cheyenne, cloudy J 36
Salt Lake, clear 32
42
46
40
34 1
52
41
Rapid City, cloudy ! 46
Huron, clear 1 42
Wllllston, partly cloudy 36
Chlraco. clear ' 22
Sol
301 .00
S2 .00
2S .00
321 .10
46 .00
46) .00
T.0I .00
' .00
M .00
St. I-outa, clear j 60,
St. Paul, clear ! 26
Davenport, clear 26
Kansas City, clear 42'
Helena, clear 44i
Havre, clear 421
Bismarck, clear j 42
Galveston, cloudy I soi
T Indicate trace of' precipitation.
U A. WELSH,
Local Forecast Official.
COLE COLUNGS, of Chicago. 111., went
to Bloomingdale, Ind., for his health. They
kept Dr. Caldwell's Syrup Pepsin in tbe house
and Cole, being completely run down with
stomach troubles until be conld scarcely eat
anything, began taking it
The results of the remedy" were not only
phenomena) in their immediate cure of tbe
stomach troubles, creating an appetite, aiding
digestion and keeping the bowels regular, but
they created a desire on Cole's part for
"Syrup Pepsin" to such an extent that every
time be came in tbe bouse be wanted to take
a dose
Dr. Caldwell's Syrup Pepsin is a remedy
that every family sbould keep in tbe boose.
It is an all tbe year around medicine, a sure
cure for stomach troubles, a pleasant and
certain laxative.
uo
BY
L..P. Hollander & Co.
of Boston, New York and Newport,
, announce an exhibition at
The Paxton, Omaha
February 16-18,
Of LADIES' GOWNS suitable for all occasons;
DRIVING and WALKING COATS and CAPES,
SILK WAISTS and SILK PETTICOATS,
MISSES' and CHILDREN'S DRESSES and GARMENTS,
BOYS' CLOTHING and OUTFITTINGS,
Also samples of our choice line of
DRESS GOODS and SHIRTINGS.
Do You Own
Valuable Papers?
We hare n suite of roomR with a fire and
burglar proof vault. It consists of a
waiting room and two smaller rooms.
Electric light. Hardwood floors.
T2S BEE BUILDING
It -will be a pleasure to work in offices
like these, The rent is .40. We have
another Bingle good sized office with a
vault, only 20.
R. C. Peters & Co. Rgs.
GROUND FLOOR BEE UUILDING.
Mormon Bishops' Pills
Cfcurch a lotwwcn. roiiuitif
ol teuintue, g'urpuioo, ticnses, or
potency, Lost Power,
In Mnr-li: SE.Il Has ra. Km
blllty. Meadachaj, Unfitness to
wmta Ti(rilff rtf B.aTlH.
funftioo. ix.ur rrt ocuondent.
XftM. StlmaUtea tha train and lierrt center. a bcl. for fa to rr mall, asaaaaaaaaj a written guarantee, to cum
af money refunded, with a boaea. Omlart free. AddraSS, eliahOP Remedy Oo., San frandSCO, Oak
FOR KALE 11 MYE.KSolUL.LU.1 JJHUU CO, lfJTU AAD KAHNAM.
WHEN M
M YOU
V 1
Tired., ntujeited and low spirited.
the machinery cl the body Is dosed
up somewhere. - You should tike a
few doses ol
PRICKLY
ASH
BITTERS
It b a thorough system cleanser and
will mike you feel brlsht, vijorous
and cheerful.
SOLD AT DRUCCISTt.
Price, 81.00.
For Grip aches use Dr.
Miles' Pain Pills.
old by all Druggists.
A HIGH BALL
m made
with
1LERS
PURE
MALT
WHISKEY
Gladstone Bros., Acents, Omaha.
THE BEST
PERSONALLY CONDUCTED
TOURIST EXCURSIONS
Run via the
GREAT
ROCK ISLAND
ROUTE
Leave Omaha BIB
M Sne Rfe throuth Colorado and
Utah
WEDNESDAYS'. FRIDAV5 AND
SATURDAYS.
For Information and "Tourlft Dlctlorurv"
at C5(I)3
RESULTS TELL
S
fit
THE BEE WANT ADS
PRODUCE RESULTS.
.1
mm
"ue t in tit orr 59 yttn tr h le4f of tht Mvmrm
carts tbe wont curt tn old ftn4 ywjnr arlilnr liom eff-1t
ciriroie - imounr. Curat LOST MannOOO.
nfna
r-L.na. SDarmntormoiin Insomnia. PR
Nlcht-Lotses, 8oei
nal atmlsaln
Marry, loss of
oni, knrnn iibcK) narrows wer-
oomen, vnricociia,
chom. BtoDi iter-
lln,.t arc lmoaeojat?.
ImparvV ifor ana prttney to
a. cure li at haM. faTTTIl Kettorrf tmlll. urtirrrlcrr-l
JOBBERS & MANUFACTURERS
OF OMAHA
BOJLfK AND aiilf ihuN WORK
hraka, Wiison
la r uf.ii:
a ffiiiiams
acceaaars Wllaaa A Drake.
Manufacture boilers, amoks stacks an(
breechlnca. presaure, rendering, sbeep din
lard and water tanks, boiler tunes coni
tantly on hand, sacond band boilers bought
I and sold. Special and prompt attention to
remits In etv o ronntrv
iHin
th n1 Plerra
DRY GOODS.
E. Smith & Go.
Importers and Jobbers ol
Dry Goods, Furnishing Goodk
AND NOTIONS.
ELECTRICAL SUPPLIES.
Uestern Electrical
V Company
Electrical Supplies.
Electric Wirlnc Bells and Gas Llrstlat
O. V. JOHXBTOar. Mgr. 1510 Howard St.
SAFE AND IRON WORKS.
Davis & Cowgill Iron Works.
MANUFACTUTtKRS AND JOBBERS
OF MACHINERY.
QKNERAL REPAIRINO A SPECIALTY
IRON AND BRASS FOUNDERS.
lftOl, ir.03 1505 Jaokaoa StrMt
Omaha, Ne. Tel. R38.
E. Zabjlslde. Asent- J. B. Cowgill. Mjra
ELEVA10R SUPPLIES
ELEVATORS
Improved Quick and Easy Rising
Steam, Electric and
Hand Power Elevators.
AUTOMATIC HATCH OATC8.
Bend for catalogue.
KIMBALL, BROS., COUNCIL BLUFFS, Itk
MM tn BlaL a!ephon 1U.
c.
H. Davis & Son
Asenta for the Rlchiaoal
fiafrtr Gate, ana
Fire Doors.
EloTator Hydraulic and Hand Eleratorf).
Elevator repairing a specialty. Leather
Valye Cups for Elevators, Engines and
FrtntlaK Preissea.
CAROLINE ENGINESAND
GAIN ELEVATOR MACHINERY
David Bradley & Go.
Council HIutTs, Iowa
Gasoline Engines
Vertical, Horizontal and Portable,
from one horse power up.
Jobbers of Agricultural Implements ant
everything in water, steam and gas sup
piles. RENOVATOR InTlgorutea and rrnoTates the
system; purines and enriches the blood; cure
tho worn dy.pepsla, constipation, headache,
liver and kidneys, escandll atdrUKRtjts. Free
iwiTice sample aaa hook. i
Or, I. J. Kay, Sartora, N Y.
R
ENQwra
BUY THE GENUINE
SYRUP OF FIGS
MANUFACTURED BT
CALIFORNIA FIG SYURH CO.,
NOTE THE NAME.
A! Lr.KojHUticurecurfa.lt
U LI CUlC female diseases. At druc-
ana julrjce f ie. Dr. U. J. Ka. Sarbtoc, N. V.
RIPAN'S TABU1.E9 la an effectual cur
tor the IUe which oiietnate In a bad rtoat.
aca. 10 tot 6c At all drusclata.
R
1
