THE OMATIA DAILY HEK: FTC IT) AT, 31ATCCTI 1, 1001.
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WILLIAM JI. EVARTS GONE ?obr'J III 'aZiIVJI POPULAR AUDITORIUM
writ of habeas corpus and summoned Letn-
man. ai the owner of the flares, to show
Fonn.r Btnatar Oiu In H.w York at th u!L!li-Lth!i- h- SSi LK.IS
HAD
,Ag of ElghtyliT.
BEEN FEEBLE AND BLIND
Itcmnrkahle Career of m Mnn Who
Cut the (irmtcut Slnarte Pee
Ever i!vrn it Lawyer for
Iletnlner In n t'fi.e.
NEW YOHK, Feb. K. William M.
Kvarta died at bis home In this city today
Mr. Kvarta was 85 years old. His death
vs caused by pneumonia. For several
years he had been without the use o( his
eyes and was otherwise so feeble that ha
was unable to leave his room. Up to the
time of his death he was the nominal head
of the law Arm of Evarts, Choate & Bea-
man, although for many years he had not
been In active practice.
Soon after 4 o'clock this morning Mr.
Kvarta suffered n relapse, which caused
hltn to sink rapidly. At o'clock ho re
lapsed into unconsciousness and grew
weaker and weaker until ten minutes after
9 o'clock, without regaining consciousness
he expired. From the time he became un
conscious tho dying man's wife and chil
dren were with him In the room.
There aro four daughters and a like num
ber of sons. The latter are Allen. Sher
man, Rev. Dr. Prescott end Maxwell Evarts,
and tho daughters are Miss Mary Evarts,
Mrs. Beaman, Mrs. Tweed and Mrs, Scudder,
The funeral of William M. Evarts will
take placo at 10 o'clock Saturday morning
from Calvary Episcopal church. The body
will bo taken to Windsor, Vt., where serv
ices will be held. Burial will be In the
family plot In the Windsor cemetery. The
bearers will not be chosen until tomorrow
afternoon. v
MmkIc I'rr of Unit it Million
Fifty years ago Mr. Evarts first became
prominent at the bar of Now York. For
tho next forty years his career was an al
most unbroken scries of legal, oratorical
and political triumphs. He was the only law
yer In tlio world who ever got a single fee
ot JJ00.000: ho defended Henry Ward
Beecher In tho famous Tllton case: ho
helped mako Huthcrford B. Hayes presi
dent ot the United States; he defended
President Andrew Johnson when the at
tempt was mhilo to Impeach him; he rep
resented tho United States In tho Alabama
claims case; ho served as secretary of
state In the Hayes cabinet nnd as attorney
general under Johnson, and rounded out
his public cureer as a United States senator
from Now York.
William M. Evarts came of good Puritan
ancestry. His father was a philanthropist
nnd the editor ot n religious magazine In
Boston, where In ISIS William was born
For many years during his son's younger
within the Jurisdiction of the state of New
York. Virginia sent the great lawyer and
advocate, Charles O'Connor, to represent
the claims of Its cltlten, which were leu to
be the claims of the whole south.
The case went up through the lower
courts to the court of appeals, while tho
whole country watched Its progress with
tho keenest Interest. Mr. Evarts conducted
the case for the state of New ork and
before the court of last resort successfully
maintained the right of the slaves to free
dom. His success In this famous Lemmon
stave caso made his place among the great
lawyers of the country beyond dispute.
From this time ho was counsel on one
side or the other In many of the most lm-
Gitizani Bnggtit That Eioluiire Element!
Find Otbir Qnartiii.
OBJECTIONS TO COMPOSITE BUILDING
.Mvmhrra nf Committer Think It
Would He it Monc -Mnker nnd
I.nrite KiioukIi for Ordliinry
Deninmlx.
At the meeting of the Auditorium com
mittee with the architects ot Omaha last
night President Sanborn ot the company
opened the Informal proceedings with a
frirlaf tnarh In whlrtt, ha IntH wt AhntflMeA
portant cases tried In both the state and confronng 'lhe commlttee and the differ
ence ot opinion regarding the character
federal courts. He made a great record as
counsel and trial lawyer In cases of eon-
tested wills. Among the more Important ot
these was the Parrlsh will case, an attempt
to set aside the wilj of Henry Parrlsh, of
New York on the grounds of mental in
canaclty and undue Influence, and the con
test over the will of Mrs. Gardner, mother
of the wife of President Tyler. In the lat
ter case Mr. Evarts succeeded In sustain
ing the will, which led to an amicable com
promise among the heirs.
Enter Klein or I'tiiitics.
In 1S60 Mr. Evarts first entered the Held
of national politics. At tho republican na
tional convention of that year he rose, on
behalf of New York, to present the name
of William II. Seward as a candidate for
the presidency. The next year he himself
became a candidate for the United states
senate. The fight In the legislature was
nrolonied. Horace Greeley being the. lead
lng candidate against him. rlnaliy .Mr.
Evarts withdrew his name and a compro
mlse candidate was elected.
In 1S62. when the question of treating
captured vessels as maritime prizes accord
lng to the rules of war came up, tne gov
crnment called on Mr. Evarts to conduct
Its case, He also maintained before the
courts the unconstitutionality of state laws
taxing United States bonds or national bank
stock without the authorization of congress.
Defend I'renldrnt Jnlinnnn.
When, after a long controversy, the lav
peachment of President Andrew Johnson
was decided upon, Mr. Evarts was at once
engaged as one of the counsel for the presl
dent. The result of the trial was, as every
one knows, on acquittal, and Mr. Evarts
masterly conduct of the case Is admitted
even by his opponents. The principal argu
raent on the part of the prosecution, which
was conducted by a board of seven members
from the lower house of congress, was
trade by Mr. Boutwcll. Mr. Evarts' reply
In behalf of the Impeached president is rc
membered as a masterpiece of eloquence
and sarcasm.
In 1871. after General Grant had been
elected president, the Alabama claims cauio
un for arbitration and Mr. Evarts was
llfo the elder Evarts served as secretary of agan summoned to represent the claims of commercial club staying out, because many
ine American iioara oi uoraraissioacrs iur hl. country. What he accompnsnea mere ... i,i hiv- it .lmir Th
Foreign Missions. nag csged Into history. His case on the KnlehU nf Ak.S.ir.rten rmild he nrovlded
loung viuiara eariy oname iiuuoKuisneu Dart of the United States is acKnowieagea h. . ,h. K.,pm(,nt. an the floor
ob a siuaenu Aiier gening a gooa eiemen- t0 be a splendid example ot clear argument of tl)e BU(jltorlum should be upon the
mry euuciuion ne eniereu iaic college wuu i ana apt Illustration.
the famous class or is3T. At laie nc maae iirrcuer-Tiltnn Trial
n record as a thorough student, being es- tn igri.s the famous Beecher-Tllton case
peclnlly fond of and proficient In the clas- came on for trial. Mr. Evarts was then
stcs. Among tho men since prominent who I nearly 60 vears old. but he took hold of tha
were among his classmates were Samuel defense with the vigor and earnestness
J. Tllden. whose claims to the presidency which had always marked his work. The
Mr. Evarts afterwards successfully disputed case was long drawn out and proved a ter-
In the Interest of Rutherford B. Hayes; rble strain on the endurance of even the
Chief Justice Walte, Attorney General younger men who were connected with It
Plorrepont, Professor Lyman, Benjamin ne ,was tho senior counsel for Mr. Beecher
Sttllman, and others. nnd retained charge of the case throughout
Already he had decided to follow the pro- its tiresome length. When It came time for
fesslon ot law, and he went directly from the summing up the Judge and. most ot the
Ynln; to the" IUrrard LawiohooL There I counsel on both sides were haggard and
h spent ono year, going thence to New careworn; only Mr. Evarts appeared to re
vorK, wnero no cnieri tne law omce or tain his original vigor ana er.tnusiasm. iie
Daniel Lord as a student. Two years later spoke for eight days In closing the case for
he was ndmltted to partnership with J. the defense, and at the close appeared as
ot the building.
He said the committee was divided on the
question, some favoring a building de
voted distinctly to auditorium purposes.
seating 12.000 to 15.000 persons. Others
desired a composite building, providing
halls and accommodations tor civic and
military societies. He called for expres
sions from architects on the subject.
Harry Laurie said the maximum seating
capacity of the proposed site would be be
tween 7.000 and S.000 people; that on ex
traordinary occasions the hall would bo
filled, but on ordinary occasions the building
would be half filled. National conventions
will come to Omaha but once in twenty-
eight years. The largest Omaha audience
at a popular time was a trifle over 6,000
An auditorium with a seating capacity of
6,000 peoplo would be sufficient.
In his opinion Omaha needs a hall to seat
1.200 people, tho hall to be equipped with
committee rooms, etc., therefore a small
hall could be occupied by an assemblage
which would bo lost In the larger room
He believed that a large room might be
fitted In tha basement for tho Knights ot
Ak-Sar-Ben. The Commercial club could
bo housed In a second floor without crowd
lng the auditorium. The decision of the
question of the character of tho building
must be settled by the directory ot the
company, but Mr. Laurie favored the com
posite building as a business proposition
although It would cost more money than
simply an auditorium.
Mr. Sanborn suggested that as the grade
ot Fourteenth street Is lower than that ot
Fifteenth street It would be possible to
put a room under the main floor on Four
tecnth street, leaving the main entrance
on Fifteenth street on the street level.
Wnnt Comnirclnl Clnli Kept Out.
John Latenser said ho thought an nu
ditorlum was the only Idea In the minds
ot the committee and he favored no com
poslte building. He thought the Commer
cial club should have no place tn the Au
ditorlum building. He believed that tho
success of the building depended upon the
Prescott Lord
(irrntnrna Recognised Early,
No sooner had he begun the practice of
law than Mr. Evarta began to achieve rep
utation for a most unusual combination of
qualities. It was soon seen that he was
a man of untiring Industry; the careful and
thorough preparation of bis cases showed
that. His ability easily made itself felt, and
withal It was ricognlzed that he was modest
and retiring In character. The earnestness
nnd conscientiousness which he showed In
everything ho undertook won htm almost
Immediate recognition as one ot the strong
men, of the New York bar.
In ISO his partner, Mr. lull, was ap
pointed United States district attorney. He
mado Mr. Evarts his deputy, which position
he occupied for nearly four years. Here he
got his first taste ot public life, while at the
saino tlmo his conduct of some ot the im
portant cases Intrusted to his charge at
tracted public attention to his remarkable
abilities.
Ill I'lmt Celebrated Cose
Tho first ot thes'j celebrated cases in
which Mr. Evarts won fame was that grow
ing out of what Is known as "the Cleopatra
expedition," wnlch was started with the In
tcntlon of making a raid on the Island of
Cuba tind Inciting the Inhabitants to re
bellion. The secret of the expedition, how
ever, was betrayed and the vessel was
stopped. In the legal proceedings which
followed Mr. Evarts distinguished himself.
Even In these early days the slavery ques
tion was pressing for settlement; the north
and the south were already arrayed the one
ngalnst the other, and there were famous
legal battles which, perhaps, postponed for
the time the final appeal to arms. In one ot
these controversies Mr. Evarts played a
prominent and a victorious part and made
his namo familiar throughout the north,
l.enimon Slav Case.
A vessel from Virginia brought a planter
named Lemmon to New York, enroute to
Texas. He hail on board a cargo ot slaves.
depressed ?
And is it not due to nerv
ous exhaustion? How can you
have courage when suffering
with headache, nervous pros
tration, and great physical weak
ness ?
Would you like to be rid of
this depression of spirits r
How? By removing the
cause. By taking
fresh and vigorous as when he began. The
acquittal of his client was the result.
Makes Hnye I'realilent,
In 1S76 the celebrated controversy over
the election to the presidency startled the
country. Teh case for the republican party
was put In the hands ot Mr. Evarts. He
made the chief argument before the elec
toral commission, the decision of which put
Rutherford B. Hayes In the presidential
chair. After the Inauguration of President
Hayes Mr. Evarts was made his secretary
of state. In which position he won new
laurels as a statesman. He brought to the
conduct of the office the same industry and
earnestness which had made his great suc
cess as a lawyer.
When he retired from the cabinet In 1SS1
Mr. Evarts was at once sent to Paris to
take part In the International monetary
conference. In 1SS5 bo was elected to tho
United States senate as a republican, sue
ceedlng Eldrldge G. Lapham of New York,
Two years ago Mr. Evarts suffered from
an exceedingly severe attack of grip. As
he was then upward ot 79 years old It was
feared he rould never recover. Slowly,
however, he gained strength, until at last
the disease was conquered.
Laat Vfim In Retirement.
Since 1S9 he lived in retirement, n
stranger to tho great world ot politics and
affairs In which for many years he played
so splendid a part
He was one ot the few remaining links
which conpected the new generation with
tho old. In manner and appearance he was
a gentleman of the old school. The stern
ness ot his deep-lined, smooth-shaven face,
with its prominent nose and firmly set
mouth, was belled on occasion by the kindly
twinkle tn bis eyes. Even in compara
tively recent years he had worn the roll
ing collar and the wide cravat of the
'40s. and those who saw blm as he passed
to and from the law offices ot Evarts,
Choate & Beaman, never failed to look
twice after the slight figure, with Its old
fashioned clothes and distinguished bearing.
In his old age Mr. Evarts found himset
surrounded by stalwart sons, to whom the
record ot their father is a constant inspira
tion. Maxwell Evarts, one ot the sons who
has followed his father's profession, lives
tn the home now stricken, a big house
In Fourteenth street. Sherman Evarts lives
around the corner In East Thirteenth
ctreet. Allen W. Evarts lives In West
Twelfth street, and the remaining son,
Prescott Evarts, Is an Episcopal minister
out of town.
A year ago, on Mr. Evarts' SOth birthday
anniversary, there was a family reunion
In the big mansion, which was attended by
children and by children's children. Some
of the grandchildren were little ones, whom
the great old lawyer had never seen, be
cause within the last years his eyesight had
almost entirely failed. But he seemed glad
and proud to have all his descendants gath
ered about him once more.
Four Million Cures in Forty Years
I iIIS MARVELOUS RECORD HAS BEEN MADE H
Duffy's Pure Malt Whiskey '
(amkiuc.vs jhi:atkt .mkdici.m:.)
DUITY'S 1'LMtE .MALT WHISKEY has cured over four million persons In tho past half
coutttry, ns mLowii by tlu following statistic?, which have been cnrofiilly csUmntetl nnd compiled from
our records of ttniollcltwl letters from grateful patleuts, who sny "DUFFY'S PUKE MALT WHISKEY
Is n Godsend to suffering Ituimuilty." -
IHMM.stiM. .MJMnBIl OK (TUBS. v
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i,riiuiir (from orrrnrnrk)
I. out Vltnllt j-
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i;linutlon
IiikrIIi IIIimiiI ,
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vnus7 1
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It removes the cause of your
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To keep in good health you
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Price 25c a box.
PERSONAL PARAGRAPHS.
Writ tt daotot fTMlr ill th puticuUn In
.. ui, . You will rciT & DromDt rvnlr. li.
four
4
Julian I.ercr of Chadron Is at the Her
Grand.
Mr. and Mrs. Krank GeUt and Mr. A. B,
Lane of Scrlbner are at the Millard.
M. F. llarrincton and Sam Drltrlck of
O'Neill. Bruce B. Smith of Fremont. Wil
liam McKver of Columbus, O. II. Hwingiey
of Beatrice. John K. Owen of Beatrice. F.
W. 8eara of Ravenna and John Outknecht
of Bookwatter are mat? Kuesta at tne Murray,
Nobraikau at the Merchants; William
uaird and t w. Hedged of Lincoln, .'. II.
Smith and J. K. 8mlth of Fremont. O. F.
Mitchell of Crelghton. J. W. Schlenti of
David City. II. O. Corell of Plalnvlpw. V.
Currle of Whitney. Theodore Hoellwurth. of
Greeley. W. H. Barnes of Falrbury. B. E.
Young of Tecumserh Dad Blodgett of York.
C. S. Cllne of Bradshaw and J, M. James of
Benedict.
"My stomach was affected by grip and I
could est nothing hut crackers and milk.
I began taking Dr. Miles' Nervine and Tain
PI1U and the trouble disappeared." Mrs.
J, Ltndier, Montrose, Xllna.
ground. He thought that the committee
should not compete with the theatets, but
should make a building sufficiently large to
seat 10,000 people at least, so that enter
talnmenta could be given at popular prices.
rinu oui 10 wnai uses similar ouiiaing
in other places aro devoted, ho said, and
you will sec that you will want an arena
which can be changed Into a lake or tank
of water. If the large room Is built and
proves undesirable It can bo cut up Into
smaller rooms, but when you have a com
poslte building there can be no change
has cost $15,000 to change the Chicago
Coliseum for ono series of entertainments
He thought the sentiment of the majority
of people would bo In favor of the au
ditorlum and reiterated his belief that the
Commercial club should keep out. He
thought In case the whole space was thrown
open it could be made to seat 8,000 people
who could hear perfectly all sounds. He
thought that tho arena would have to be
abolished If tho composite building wero
erected.
Fred W. Clark said If tho Auditorium I
not to be used to bring financial returns
the pure and simple auditorium should be
built; that with a composite building many
entertainments usually held In an audi
torlum could not bo given. If a small hall
should be desired, means of cutting off
a portion of tho main building could b
devised without Interfering with the
acoustic properties ot the auditorium.
Hlichtr Fret .Vnrrnw BnoiiRli
Ho believed tho simple auditorium woul
be more popular. In his opinion an arena
less than eighty feet would be too narrow-
Mr. Clark was connected with the building
of the Chicago Cotlsuem and gave his
opinion based on his experience In that
city, saying tbat tho door should be so
arranged that the entire space could
used as an arena. He believed that a gal
lery containing Ave rows of seats, seating
1,200 or 2,300, could be suspended.
M. C. Peters, from the Knights ot Ak-Sar-Ben,
stated that the board of gov
ernors desired that the floats be built at
or near the scene of the initiations; that It
would require n space 66x132 feet for the
building of floats. Ho thought tbat the
Commercial club should go Into the build
ing, but that the character ot the build
ing should bo decided by tho stockholders
ot the company.
Mr. Fisher thought that as far as the
construction was concerned It would be
possible to erect a composite building with
out offending the laws of architecture and
that the character of the auditorium should
depend upon utility.
Edgar Allen favored a composite build
ing nnd on behalf of tho Knights of Ak-
Sar-Ben said that tho celling of the room
for the knights must be twenty feet high.
Fred Metz, Jr., agreed with Mr. Allen,
favoring the composite building.
Mr. Fisher made a new suggestion to the
effect that eighty feet be cut off one end
of the building and a two-story building
be erected for the Knights of Ak-Sar-Ben.
This could be done at an additional cost ot
J10.000, the hall to bo strictly fireproof.
Then came the question ot cost. The
figures given on a plain auditorium 132x201
feet varied from J 125,000 to $175,000. It
was decided to invito architects to submit
preliminary estimates of cost on tho dif
ferent characters ot buildings contem
plated. ArrhltrrtH Wnnt I'nj.
When the question of competing plans
was brought up. It developed considerable
feeling. More than ono ot the architects
held to tho idea that ' competitive bids
should not be required unless each com
petitor should be paid for his work and the
plans Judged by a competent person. This
sentiment was warmly expressed by T. It.
Klmoall, while Mr. Laurie and Mr. Dietrich
favored competition.
It was stated that the architects would
require two months In which to prepare
plans.
Alfred Millard said It would be useless
to secure estimates or pluns on a single
room auditorium, as a majority of the com.
ralttee favored a composite building.
The meeting adjourned, subject to the
call ot the cbalr.
liriin.l Ti.lnl :i,1ixil,7m
GRIP DEATH RATE LOWERED 40 PER CENT.
Statistics f how that the ilentu rate from (Jrlp tliroiiKhout tho L'tiltotl States litis boon decreased
over 40 pr et'iit, tltio etnltvly to the tiulvcnal use of DttfTyV Pure Malt Whiskey as a preventive ami
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Abraham K. Elmer, of Ctlca. N. Y who Is lilt years old. says under date of Jan. 26, 1P01:
"DUFFY'S PURF. MALT WHISKEY has been my only medicine for over 2ri years. It has prolonged
my life atid saved me from Illness many times. It has jtit cured mo of the Grip."
SMART AT 102 YEARS OF AGE.
Mr. John McGrath, of 111 E. Sl'd st New York City, who Is W2 years old, writes on Jan. 1. 1001,
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NO FUSEL OIL.
AO 1'tSUI. OIL.
I bad grip three months; could not
sleep; pain all over and headache very bad
Dr. Miles' Nervine, Pain Pills and Liver
Pills made me well." Mrs. E. C. Bowlby,
Waterloo, Ind.
Mimllllila Lour Seven Vote.
HELENA. Mont . Feb. 2S. John Magln
nls lost seven votes today, mfst of th-m
going to Cotiruil The vote on senator wu,.
Cnrter trep.). 32, Frank (fun.), 20, Mag, r IK
IS, Cooper, i, Conrad, S, Toole, 1, Clem
ents, u
V
I lE i jHB Bruce I
I El IHB DUtrlbntora, Onmba, KS
THE COMMON ENEMY ...
Kidney discaie Is the enemy we hive most to fear is i result of the
feverish retleune$j of our modem dvllUition. It Is- a treacherous
enemy, working out Its deadly effect under cover cf the most trifling
symptoms. The first Indication of changes In the urine, frequent head
iches, digestive troubles, should be the signal for prompt remedial
measures. PRICKLY ASH BITTERS U a Wduey remedy of great
merit. It is- soothing, healing and strengthening, quickly relieves the
aching or soreness that always appears tn the advanced stage, cheeks the
progress of the disease, and through Its excellent cleansing and regulating
erfect In th liver and bowels, it brings back the strength and ruddy
glow of vigorous hearth.
gold at Drug Store.
Price, fl.00 Per Bottle,
WBW
Get Ahead
of the
Spring Rush
For Offices.
Advice to
Office Seekers.
April iiml May aro tho months when
must pooplo do their moving. Tho
proHiwcts are that tho tlrmund for of
fices In OmiilKi was never so great as
it will lio this spring. There aro not
a great many rooms vacant In
The Bee Building
hut there are nmong them t.eernl
which aro particularly choice; onn di
rectly In front nf the elevator on tho
till door; one on the 1m t floor next to
the entranc! to The Hee bislnen of
fice; a unite of three room on the
3rd floor, and u very large oftlco and
vault on tho ground floor facliiK 17thv
street. Hesliles these, there ar four
or Mvo biilaller rooms In vurlutm (arts
of the hutMIng
The rentH are reasonable nnd the
sorvlco perfect.
R. C. PETERS & CO.,
RENTAL AGENTS,
Ground Floor, Bee Building, Omaha.
Dr Kay xl'ticure cures all
. -
RIPAN-S TABULES.il an effectual cur 1 1 T I IT'll r O female dikeancn. at druir.
At all aruaTStita.
for the 111. wnicn onsinat in a ad rtonj. p( t migrated boolc
. v ivr i utusi.v. ( and adilco f rce. ur.U. j Kaj, Saratg,N.