THE OMAHA DAIJLY BEE: SATURDAY, DECEMBER 21, 15)01.
NEWS OF INTEREST FROM IOWA.
COUNCIL
mi.miii .Mi:vrio.n,
Davis soils drugs
Btockcrt sells cnrpets and rugi
M tz beer nt Neumayer's hotid.
Vrs Green, olllco 303 Sipp block.
Wclebach butntM. Ltlxby & Son.
oilman, scientific optician, ItJ Hroadway.
Dr Stcrhenaon, haljwln block, Elevator.
Missouri oak body wood. 5 6d cord. H'm
elch, -a N. Main at. Tel. 12S.
Another shipment of olegunt pictures Just
In Alexander Co.. 3.53 ilrnndwuy.
Mrs. Wll lain Klnzcl of Sixth avenue left
i'ent' rduy to pass tlie hoiiuiiys in Ornnd
taplds, M ii
Mr M. A. Palmer. evangelist, will preach
In Iowa Holiness association mission liull
Sunday at 3 p. in.
To keep your hubby homo nights net him
u portable billiard und ool table at Peter
ken i Si hoelillig k.
MUM Taj lor of the Second nvotuio school
will leave today to pans tint Holidays with
lur parents In Hcdlurd, la.
Council muffs tent, Knights of the Mac
cabees, will hold a spei-.al rovlevv tills
evening In Modern Wooumen bail, Mcrrlam
Mock
Work on harvesting lee was begun yes
terday by the loeai dealers and many men
ure ciarlim the snow und doing other pre
liminary work.
Miss 1'imina Morehouse of the Hrndley
I'm technic Inslltute of Peoria, III., Is homo
to spend vacation with her parents on
Fourth avenue.
The Illicit gifts you can in alio Is In fur
niture Bee the extensive line carried by
PeteiHun .v SchocultiK, Mcrrlam block.
'J'Iji y c in pleuso you. '
The case of 1). Mlkesell, charged by Max
A onlfiou with assault and battery, has
bcin dismissed 111 Justice llryatit s court
for want of prosecution.
Itcimmber that next week Christmas
conns. 0t In your lauiidty work eany
to thu lllurr I'lty laiiiKlry, 31 North Main
ticet, and avoid the rush.
A child 'n the family of James Usher.
II North E'ghlh street, was reported to the
Jioaru oi iieaitu yesterday as kuiicmiik
from smalljmx. Thu house was quaran
tined. J II Dcony. a merchant of Portland,
Ore , Is guest of Ills brother, Captain Dick
Denny of the night detail of police. It Is
the lirst time tney havu tnei In sixteen
yi ire
Miss lila 11. Fleischer, formerly teacher
In the High school or this city, now teach
ing In the public sc hool of Toll do, la.. Is
guest of Misses Wuliwuy, i: South Firm
Ktrcet
KmplnycH of Major Smith, former owner
of the tlinnd hotel, wero made happy yiB
terday by Special Master Sapp s paying
them flu ir claims for wages In full, mull r
order of Judge McPherson of tllo federal
court
Joe Palm-r, a boy well known to thu
police, was arrcsled yesterday morning by
Detective Weir, with a quantity of brass
en tings III Ills possession. Young Palmer
admitted purloining some of them from the
premises of the 1'iilon Transfer company.
The name Woodward oil the bottom of
a chocolate cream means that It Is made
In Council HIliiTs, out of the best material
that can be bought, mid by people who
divide their wages with every commercial
Interest In Council Muffs. Ask for Wood
ward s
Sheriff Cousins brought suit In the dts
tritt coiiri yehterday against Paxton &
(lallagher of Omaha to recover JJ.V) on an
Indemnifying bond put up by thu defend
ants In the attachment of the stock of
Crawford Young of I his city, which was
claimed by 10. Meyers. Suit brought by
Meyers was decided In his favor.
Christmas 's no Christinas without candy.
Candy is cheap and you can make many
n little heart glad on Christmas morning
by having a package of candy ready for
them John O. Woodward ti. Co.. "thu
candy men," have supplied the retail deal
ers with largo MUiiiultles of their candy,
that you can buy at from 10c per pound
up to II.
Thomas l!iiiieir.4 new company, which
Is to appear at the Dohniiy next Sunday
night In Oliver David Hymn's powerful
play, "Th Inside Track, Is said to bo
tine of the strongest and best equipped
companies that Is now traveling In thu
middle west Mr. lA'iinen's name Is ill
wan synonlmous of something good anil
Ids coming will be glad.y welcomed by local
thenlcrgoo-s. I lu has been constant!) add
ing new novelllCH to his organisation tdneo
his last visit here mid Is conceded to bo
one of the most entertaining managers
west of Chicago.
.Nitrrou ly lcnpex Asphyxiation.
Mrs. Fuller Smith, n guest at the Ilcnnrd
on First avenue, had a narrow cscapa from
asphyxiation by gas yesterday morning.
Mrs, Smith and her husband, who is district
ugent for a life Insurance company, took
rooms nt tho ltcnard Thursday. Mr. Smith
left yesterday morning for (loon Rapids and
lighted the gas to dress by. When ho wus
leaving, Mrs. Smith told her husband not to
bother about turning out the gaa, as she,
would attend to that. Mrs. Smith, who was
lu bed, reached and turned the vnlve. In
sumo manner she must have turned the
valve on again after putting out the light.
When she was called for breakfast at
8 30 o'clock tho room won found full of gas
anil Mrs. Smith, although conscious, vio
lently 111, Attor medical aid had been sum
moned sho was removed to a room In the
Grand hotel, to bo with friends who ore
.topping there.
Heal Untitle 'I ratiiNfrm,
ThtBo transfers were llled yesterday In
the abstract, title and loan otllco of J. W.
Bqulro, 101 Pearl street:
Omaha .V (Srnnt Smelting company to
Sarah McKenna, lot 17, block 10,
lleusou s 1st add, q. c. d I 1
A. S. llnzolton and wlfo to Ernest 13.
Hart, lot IS and wV4 of lot 19, block
1J Hyatt's subdlv. w. d t.&OO
Thomas W. Hn7.cn, sr., and wife to
llrnry O. Wornlmont, lots ti to II,
block El, Kullrond add. w. d ?)
John It Htagg und wife to C. Augusta
Stagg, Hl, ot lot 8, block 3, Orlmes'
add, m c. d 1
I, 1. l.ongnvcker to Amanda Hetlln,
ns of lot 1, block 3, town of Walnut,
q c. d TO
Main Miyberry and husband to
Stewart Hatllff, lot 13, Fitch's sub
til v. w d t'wO
Total six transfers 5,2
1'orurii leu Found (iiillt),
Tho Jury In the case of Lloyd Forgravcs,
charged with assaulting 1M Zlmuion, a col
ored man. with Intent to commit murdor,
brought In a verdict finding him guilty ot
Bssnult with Intent to do great bodily In
jury Judgo Macy deferred sentence.
Tho trial of i:mil Snyder and Mrs. Kll
anowslil, charged with maintaining im
proper relations, occupied the entlro day
yesterday In Judgo Macy's court and was
not concluded when court adjourned for tho
day
A CIii'InIiuiio tilfl.
Tho Heo hns decided to kIvo to the moat
popular working Klrl or woman In Coun
cil Muffs, who earus her own living, n
Christmas gift of a box nt tho Dohany
theater on Christmas night, nt which time
tho attraction will ho "For Love's Sake,"
one of the best melodramas that has ap
peared hero In many years. The two Iowa
girls, Mabel nnd Kthol Strickland, have
prominent parts In the play. The contest
Is to bo decided by the readers of The
Doe, who ran vote for their choice upon
tho attached coupou. The contest closes
Tuesday, December 21, nt fi p. m. Tho
successful one In this contest enn Invito
threo of her friends to occupy the box with
liar, A coupon will be printed each day.
Cut them out, vote your choice nnd deposit
your ballots at Tho Ilco ofllce. Tho vote
will ho published dally. Subscriptions paid
In ndvanco one vote for ench cent.
ONK VOTE FOIt :
: Theater I3ox, DolTTtuy Theater, !
: Christmas Night, 1001. :
THE VOTE.
Irs. Anulo Lunkloy, Hostou Storo 444
hta lllckey. Wollmun's , 4W
BLUFFS.
OBJECT TO REDISRICTING
Republican! of Pottawattais Want to
OlliC t Ninth.
SCHLMZ FOR CONGRESSIONAL ASPIRANTS
.Smith anil Hepburn Left Out of the
CnlettliitlniiN mill Thrlr l'rlrniU
Are Decidedly Upturned to
the Plan,
The. plan now being Incubated lu tho In
terests of certain politician to.redlstrlcl
tho congressional districts of Iowa will bo
strongly opposed by tbe retiubltcuiis of
' Council IHufls and Pottawnltamle so far ns
the proposal to cut Pottawattamie out of
tho Ninth district Is concerned. Tho re
districting of thn stato ls said to ho now
under consideration and fostered by a num
ber of politicians In Des Moines, and maps
showing tho now plan havo been drafted
and shown to thoso known to favor tho
proposition.
Tho plan In courso of Incubation is to
construct u new Eleventh district out of
, tho north halves of the present Tenth and
I Eleventh. It Is to consist of Lyon, Sioux,
Osceola, O'Hrlen, Dickinson, Clay, Emmet,
Palo Alto, Kossuth, Winnebago nnd Han
cock counties, making n population of about
"10,000.
A new Tenth district Is to bo constructed,
provided tho plans do not miscarry, out of
i wie reinaiiiuer oi tnu l.ievcnui district and
I two counties of thu Tenth, This will In
1 cludo Plymouth. Cherokee, llucna Vista,
Sac, Ida, Woodbury, Monona, Crawford nnd
. Carroll counties
The new Ninth district is to be reformed
so as to cut out I'ottnwattnmlo nnd Is to
consist of Harrison. Shelby. Audubon, fluth-
rle, Dallas, Madison, Adair and Cass coun
ties. Ily this schuuic Pottawattamie would
be placed In the new Eighth district, which
would Include besides Mills, Montgomery,
Adams, Union, Ringgold, Taylor, Pago and
Fremont counties.
The feeling among republicans In Coun
cil Illulfs and I'ottnwuttnmle county Is that
tho schemn to rcdlstrlct Iowa, so far ns
this section of tho state Is concerned, Is
not In the Interests of Congressman Smith
nor Congressman Hepburn, but In the In
terests of others who havo aspirations to go
to Washington.
Should the plan enrao before tho stato
legislature nt Its next session, aah ad
vices from Des Moines are to tho effect
that It undoubtedly will, It will bo bitterly
opposed by the representatives from this
county.
Congressman Smith was nsked what he
thought of tho proposition nnd he said ho
had not had time to glvo It ranch attention.
He declared that as far oh he was per
eonally concerned he was satisfied with tho
makeup of tho Ninth district ns It Is nt
present. These counties comprise tho Ninth
district at present: Adair, Audubon, Cass,
.ttllhrlA llnrrlBnn tllla Mnn.AAn....
u...i?u., .,,,, ..lull ItjUlllUI , 1UI
i tawattamle, Shelby.
The lenpportlonmcnt bill, as It will hn
termed, It is said, will havo other opposi
tion than that of Pottawattamlo county, and
leading republicans of this city enrncstly
hope It will go down In defeat If Introduced.
Gravel roofing. A. II Head, S41 Broadway.
DOYLE CASE IN JURY'S HANDS
IIIk MIiiIiik .Suit nt l.nut llrnclim
3tiiut Wherr Vridlct In
Coimldr red,
Tho big mining suit of James Doyle
against Jnmes F. Hums, president of thn
Portland Cold Mining company of Colorado,
which has been on trlnl before Judge Green
In the district court since November 12,
went to tho Jury yesterday afternoon at
3:30 o'clock.
Mr. Ilaldwln concluded the closing argu
ment for the plaintiff at 2:30 o'clock, when
a short recess was taken, before tho court
reud his Instructions to tho Jury. Judge
Oreen occupied about half an hour In rend
ing. hl3 Instructions. Only eight speclaMn
tcrrogntorles wero presented to the Jury.
They wero:
First. Did the plaintiff and tho defendant
on or about February 2, ISM, enter Into a
contract by which It was agreed In sub
stanco that each sbiuld have a ouc-hnlf In
terest and share anf share alike in any and
all mining claims then located by either
party or In which either parly then nudum
Interest, and lu any and all mining claims
which might thereafter be located by tlvm,
or either of them, or lu which either might
ncqillre nn Interest, and that each should
furnish labor and supplies for the perfec
tion ot the location of said claim?
Second Were the plaintiff's Interest In
tho Professor Oruhbs and the defendant's
Interest In tho Portland ncqulred under an
ngreement made on or about Murch II, isaj,
by which the plaintiff traded to the de
fendant a half-Interest In tho Portland for
a hulf-lnlcrest In the Professor Orubbs?
Third. At what time did the plaintiff tlrst
demand from the defendant tho stock In
controversy?
Fourth. Wnnt was tho market value of
said stock when such demand was made?
Fifth. What amount of dividends had
been paid on each share of said stock at
the time such demand was made?
Sixth. Did the plaintiff own an Interest In
the Devil's Own claim at the time of thu
transfer to the Portland Gold Mining com
pany? Seventh. Did the plaintiff own nn Inter
est In the Tidal Wave claim at the time of
tho trnnsfer to the Portland Oold Mining
co in piny?
Eighth. Did tho plaintiff own nn Interest
In tho Hob Tall No. 2 nt the tlmo of Its
transfer to tho Portland Oold Mining com
pany? In his Instructions Judge Oreen said that
In order to establish the claim .of tho
plaintiff that ho had such an interest In
the mining property In controversy us to
entitle him to recover the evidence must
establish all of the fallowing matters:
That plaintiff and defendant entered into
an njireement substantially as set forth;
that under and by vlrtuo of this ngree
ment the plaintiff furnished supplies or
money nnd did work upon tho claims for
tho perfection of the location and title In
full compliance with tho agreement; that
such work was done nnd supplies or money
furnished to the knowledge of tho defendant
for the Joint use nnd benefit of the plaintiff
and the defendant.
Tho court said It was necessnry that tho
plaintiff should show that In making such
agreement the parties used the words
"agreo" or "contract," but that It was
sufficient If tho evidence showed that tho
minds of tho plaintiff nnd defendant mot
and It was mutually understood from whnt
was said between them nt tho time, In
substance, that each should have a halt
Interest and share and share allko In all
nnd nny mining claims then located by them
or thereafter to bo located, or In which
either might ncqulro an Interest.
, Judge Oreen also Instructed the Jury that
tho fact that poyle had heretofore testified
or sworn to statements Inconsistent with
his claim In this case would not defeat his
recovery In the suit nt bar.
When Judgo Oreen finished reading hU
Instruction Congressman Smith, for tho de
fense, suggested that tho Jury ho provided
with a copy of tho transcript of tho evl
denco In tbe case and this was at once
agreed to by Mr. Ilaldwln, for the plaintiff.
Tho transcript comprises About 2,600 pages
of typewritten matter.
Judge Oreen, who 'Is almost worn out
from the strain Imposed upon blm hy the
long trial, will leave for his home In Audu
bon this morning. If the Jury falls to
reach a verdict before he leaves, either
Judgo Macy or Judge Wheeler will receive
It In his absence,
DAMAGE TO SCHOOL BOOKS
Itotr In i:n force Cnllrrllon of
lit Dlptiril li Nelinol
llnnrtl.
Mum
How to enforce tho collection of flnss
from pupils for the mutilation and les of
free textbooks was the most Impnrt'ant mat
ter before tho Hoard of Education nt the
monthly meeting Inst night. Chairman
Cooper of thn committee on textbooks
brought the mutter up In n report to the
effect that parents of pupils In several of
the schools who had been fined lor damag
ing the freo textbooks supplied them had
flatly refuod to pay nnd the principals of
th( schools had been unnblo to enforco tho
collection of tho fines. Mr. Cooper mig
gested that the board should mnko some
rule tufflclcntly stringent to enforce the
collection of thesn fines.
After discussing the question In nil Its
phases the board decided to give he prin
cipals authority to suspend any pupil fined
for mutilating or losing freo textbooks until
such time as the parents paid the fines as
sessed. Superintendent Clifford said that
while parents had absolutely refused to pay
the fines Imposed on their children they
were the exception rather than the rule.
Tho Kinsman monumint committee wns
granted the prlvllego of soliciting subscrip
tions from tho children ot tho city schools.
Tho resignation of Miss Mnry Oliver,
teacher In the Madison school, now Mrs.
Pryor, was formally accepted and the ap
pointment of Miss Henderson to fill thu va
cancy was approved and her pay was fixed
nt $35 a month.
Chaltmnn Shugnrt of the committee on
buildings and grounds reported that tho
trouble In hentlng the Second avenue build
ing hnd been remedied. He also suggests!
that bookcascn bo provided for each school
building to hold the freo textbooks. Tho
cost, he estimated, would be $375 nnd his
committee wns authorized to hnve them
mnd?.
The committee on textbooks wns nuthnr
Ued to arrnngo with D. W. Llushncll to
handle the textbooks for tho remainder of
this semester.
Owing to tho nbsence of Members Macrae,
Swalnc and Keller several matters that
needed attention were laid over.
Tho report of Superintendent Clifford for
the month ending November 2" guvo thene
Ktntlstlcs: Entlro enrollment, boys 2,111.
girls 2,131, totnl t.St.'; monthly enrollment,
boys 2,283, girls 2,311, total 4..194; average
dally attendance, 132.02; per cent of at
tendance, 1)4.20; numbor enses of tardiness,
471; number neither absent nor tardy, 2,331.
Davis sells glass
U. It. K. P. dance tonight. Hughes' hall.
Davis sells paint.
Will of .Inlin C, Si'liernirrliorn.
Tho will of John C. Schormerhorn, who
died Wednesday, was filed for probato yes
terday. It is dated November 3ft, 1901, nnd
names 'Spencer Smith as executor. Tho
homestead on First avenue Is left to the
widow. Four city lots and a three-fourths
Interest in 160 acres In Jted Willow county,
Nebraska, aro to be. sold nnd tho proceeds
used for tho support of Alllo, Oraco und
Dcsslo Tyson, minor daughters of tho
testator, nnd tholr mother, Mrs. Lucy K.
Tyson, until tho children are 21 years of
age. Tho printing business Is cither to bo
sold or conducted for tho benefit of tho es
tate, half of tho proceeds to go to the
widow and hnlf to tho Tyson children. Tho
remnlnder of the estate Is to bo divided In
tho same manner.
U. It. K. P. dnnco tonight. Hughes' hall.
Valuable Hunting IIok lliiriied.
A barn and shed nt tho renr of Dr. West's
residence, 229 South Seventh street, wero
destroyed by lire nt 2:30 yesterday morning.
With the thermometer IS below zero, the
firemen found it difficult to uso water. A val
uable hunting dog belonging to Dr. West
was Incinerated and this tho doctor re
gretted mere than the loss to .tho building,
which amounted to $200. While tho fire
men wero attending to tho blnzo tho team
from No, 1 hose house started on n run
townrd tho engine house. Ffndlng the
house empty, tho horses ran back to tho
fire, whero they wero corralled,
U. II. K. P. dance tonight. Hughes' hall.
N. Y. Plumbing Co., telephone 230.
SAY BRADLEY WILL BE CHOSEN
Humored Hint Former l'rrxMtMit of
ViinlUon C'tillfKO Will Co to
firlmifll.
MA11SHALLTOWN, In., Dec. 20. It In
said that Ilev. Daniel S. Ilradley of tho
First Congregntlonal church of Orand Hap
Ids, Mich., will bo elected president of
Iowa rollego nt Orlnnell. Hov. Uradlcy is
a gradual" of Obcrltn and Is said to have
mndo n successful financial record as act
ing president of Yankton college nt Yank
ton, S. D.
Go l',nt to KnJoy Fortune.
CHARLES CITY, la., Dec, 20. (Special.)
Hon, f and Mrs. A. II. F. Hlldreth left
Charles City for Hoston, Mass., whero they
will mako their home. Mr. Hlldreth Is tho
pioneer editor who, with D. 1). W. Carver
of Dubuque, established the Charles Clt,y
Intelligencer and Issued the Initial number
July 31, 1856, tho copy of the first Impres
sion of which wnB sold at auction for $20
to O. U, Eastman of this city. Mr. Hll
dreth hns lived hero forty-five years nnd
by economy, strict attention to his own
business and good management niado n
fortune. Seventy thousand dollars of this
fortune is now Invested In tho Hlldreth
hotel and opera house, the .finest and most
popular Individual improvement yet made
in Charles City.
Oiinwu Secure Lllirnry,
ON'AWA, la., Dec. 20. (Special.)
Through the liberality of Judgo Addison
Oliver, Onawa is going to havo a first
class public library. Tho Judge buys the
old Congregational chur;h heating plant
nnd two lots nnil donates them to Onawa
on conditions which wero accepted by tho
town council at a special meeting hold last
night. The (4.000 donated In addition to
tho building Is made available as desired
and the library Is made tree to all Inhab
itants of Monona county and must bo on
its present site forever.
llrlilt IlyhiK of IlroKrii 1 1 1 p.
NOItTHWOOD, la., Dec. 20. (Special,)
Jacob Itelghley, aged 72, and Mrs", Amanda
Hull, aged 7S, were married by Hev. Frank
Colo while the brldo was In bed with a
broken hip, The couple were to bo mar
ried Christmas, but .the accident, It Is
thought, will end tho woman's life, and In
order to care for her during her last days
Mr. Itelghley married her today.
DRUGGIST HELD NOT LIABLE
Adult Fntoaaiiaf Daagiroai Bibitanen
Baai Ilia Owa Okancn
CASE OF LET THE BUYER BEWARE
Criminal nnr Decided .a"l"t Per
unit Mnkluir tltr Appcnln Chief
Juntlt'c (ilrn llctlrcs
from lleiicli.
(From n Staff Correspondent.)
DES MOINES, Dec. 20. (Special.) The
lown supremo court today decided one case
which the court said was entirely without
precedent, and laid down n general rule In
regnrd to liability of a person In selling
dnngcrous articles to on Ignorant perton.
William 11. Gibson of lown Falls went to W.
H. Torhcrt, a druggist of Dubuque, nn or
der for SO cents forth of phosphorus. It
appears that Gibson was going to Invent or
manufacture something with phosphorus In
It, but ho really knew nothing about the
qunllllcN of the stuff, und when ho received
It ho was severely burned. Ho sued tho
druggtst nnd claimed that his lettor to the
druggist showed ho wns Ignorant ot tho
properties of tho substance, and therefore
It was tho duty ot tho druggist to give him
instructions how to uso phosphorus. The
court finds no similar enso In all tho books,
but decides that tho druggist was not liable.
Tho finding Is that when a person who hns
reached tho ngc of discretion nnd who is
nppurently In tho possession of his mental
faculties, applies to a drugglRt for a certain
drug ho represents to tho dealer by Impli
cation at lenst that he knows Its properties
nnd ttscfi and that he Is a fit person to
whom solo thereof may ho made, and unless
there Is something connected with tho tran
saction Indicating that tho purchaser can
not be entrusted with tho drug, there Is no
obligation to explain Its properties or
Issue a wnrnlng. Gibson wn badly burned
with the phosphorus nnd uued fo heavy
damages.
Criminal Aiirul Cane.
Several criminal cases wero decided by
tho supremo court, nil against tho persons
making the nppenlB. In tho case of John W.
Ilooth of Howard county, who was con
victed of perjury, ho hail sworn out a wnr
rejit for the arrest of a man and It turned
out thnt thu fdatements wero false. Charles
II. Nowhouso of Monroe county was con
victed of the larceny of $600. but his appeal
on technicalities wan of no avail. Charles
Mooro appealed from Taylor county from
conviction for ndultery, but tho supremo
court found no fnult with tho record.
Thomas Mulholland appealed from Clinton
county from conviction for seduction, but
tho lower court lecord wns found to bo all
right.
Following nro tho decisions:
Eugene Lasher against Colon Central
Life Insurance company, appellant; Hamil
ton county, Judgu Weaver; note and mort
gage; reversed.
Gnar Scott & Co. against E. W. Nichols,
nppellant; I'nlon county, Judgo Tedford;
levy on property: nlHrmed.
Ida. Cv Smith iignlnst Aetna Llfo Insur
ance company, npimllnnt; Ulnck Hawk
county, Judgo Hlalr; affirmed.
I j. J. Pearson against ijlilcugo Great
Western ttallway iCompanv, appellant;
Fayette county, Judge Fellows; dnmnge
caso; alllrmed.
T. F. IIutterfieM ncntnst J, W. Klrtley
et nl, appellants: "Clinton county. Judge
Itrennnn; nlllrined.
Fred Westereftmp against Charles Tlrooks.
nppellnnt; Mallnsk.i county. Judge Dewey;
iltimago cAsef iifllrn;ed.
Celestla J. Shaw, appellant, against Wnr
ren W. Sliaw. Mahaska county, Judgo
Clements; Interpretation of n will; nfflrmed.
Pauline Klcnz against Thomas Conrnd,
appellant; 'iDubiiquo cpunty, Judgo O'Don
nell; damage case: reversed.
C. F. Hayes against Frank II. Comstock,
appellant; Wright county, Judge "Weaver:
reverfod.
Oxford State bank, appellant, ngalnst
Herman Holscller; Johnson county, Judgo
Wade; action on note: Tilllrmed.
.1. A. Petty, nppellnnt, against Hnyden
Hros. et nl; I?e county, Judge Hank; af
firmed. Matilda Kitzmnn, nppellnnt, ngalnst
Samuel Kltzman, sr.: Mahaska county,
Judge Scott; libel suit; nfllrmed.
P. E. Hall et nl ngalnst City of Cednr
Iluplds, nppellnnt; Linn county, Judgo
Trelchler; affirmed.
W. M. Gibson, nppellnnt, ngalnst W. II.
Torbert; Dubuque county, Judge O'Donnell;
affirmed.
State against Charles More, appellant;
Taylor county. Judge Towner; nfllrmed.
Stnte uimlnst Thomas Mulliollnnd, ap
pellant; Clinton county, Judge Wolfo; nf
llrmed. Stnte against Charles Nowhouso. nppel
lnnt: Monroe county, Judgo Echelberger;
nfllrmed.
Stnte ngalnst John W. Hooth, nppellnnt;
Howard county, Judge 'Hobson; nlllrined.
Chief .ItiNtlci Given Itt-tlrea.
On filing the decisions In court today ho
session was brought to an end. Chief Jus
tice Given announced that he had finished
his work nnd will not longer sit with tho
bench. Ileforo tho January term begins
Judgo Weaver will bo sworn In. Last ovon
Ing Judge Olvcn gave a farewell dinner to
hi j nssoclntes and on retiring this nfter
noon his friends In the state houso pre
sented him with a handsome ebony walking
stick, madu from n pleco brought from the
Philippines.
Transfers of School Funds.
Tho stato auditor today transferred from
Polk county to Winnebago county $8,000 of
tho peimancnt school fund nnd will tomor
row transfer from Polk county $4,000 more.
Tho northern counties of the stato find It
easy to lend tho money at a profit, whllo
counties llko Polk cannot uso all of this
money belonging to them.
George H. Van Houton returned today
from Afton, whero ho had spoken beforo a
county farmers' Institute'. Thoro was a good
program, but' ;1io cold weather made at
tendance light. Thero was to havo been an
Institute nt Leon today, but it was post
poned. Army Pout Witter WorWn Veto,
Mayor Hartenbower today placed on file
his veto message of tho proposition to havo
tho city lend tho wntorworks company $50,
000 with which to construct a water main
to tho army post site. He declares that
such action ns thnt contemplated is ex
prcsily forbidden by the lawn of Iowa, and
In nddltton to being Illegal tho proposition
ts n bad business ono and without merit on
the part of tho city. The council Is now pre
paring to make uso ot tho funds on band to
build a new Independent water plant and
lay mains to tho army post, unless the old
wnter company lives up to tho ngreement
previously made.
Uentli of District .Indue.
Judge William F. Conrad of tbe district
court died this morning after a short Ill
ness. Ho wns born in IS2C In Itbnca, N. Y.,
removed to Canada nnd when young went to
California. He was admitted to tho bar
in nnd practiced In Hurllngton. He
was a soldier In tho Fifth Iowa and had
nn honorable record. Ho was at one time
department commander of tho Grand Army
of tho Ilepubllo of Iowa. He had nearly
completed his fourth terra on tho district
bench. A few weeks ago ho was stricken
with r-aralysls, from which he died this
morning. '
Will I ecu pi. In I'olk County.
C. H. Pulllngton, a farmer who lives
near Avon, has begun suit for damages to
tho amount of $16,000 ngalnst a dozen other
residents of tho samo part of tho county,
alleging that they formed t mob and mado
threats against htm It ho did not leave
tho county, and finally they met ond took
him out Into tho woods and notified him
of their Intention to hang him unless he
agreed to depart. Ho was compelled to get
down on his knees nnd confess n lot nt
things not truo und ho promised to leavo
tho stnte at once. Ho now sues the whole
mob for damages.
COMPETES WITH BURLINGTON
Iimth (Yntrnl Ilium Tlirmmh Frelulit
Scrvlor llelnt-rn Ml, I, mils
mill 5I, Pnnl.
MARSHALLTOWN, In., Dec. 20. It was
officially announced by tho trafnc manage
ment of the lown Central today thnt be
ginning Sunday n new through freight
service between St. Louis and St. Pnul
will be Inaugurated via the Wabnsh nnd
Minneapolis and St. Pnul lines' to compote
with tho Hurllngton lines.
nurllnnton Ttoml Cuts fee,
CRESTON, In., Dec. 20. (Special.) Tho
Ice harvest commenced thin morning. An
excellent quality of twelve-Inch Ico Is being
secured. Tho Hurllngton road puts up Ice
nt this point for tho entire system In Iowa
nnd the work gives employment to hun
dreds of men for several weeks.
Crrston llnrhers Ormtnlrc.
CItESTON, la., Dec. 20. (Special.) The
barbers of Creston orgnnlzed Inst night
for tho purpose of raising their prices and
to effect closing on Sundays nnd at 8 o'clock
In tho evening.
BOY SHOOTS JWHILE MEN RUN
Yottntr K'cnttit'UInn Kllln Three
XeKrnm In n Snloon I'litol
FlKlit.
WELSH, W. Vn.. Dec. 20. Wnyne Demon,
nn 18-year-old boy, shot three negroes to
death In a saloon hero this evening.
It was pay day at the Davy mines nnd
tho negroes had begun their holiday cele
bration. Drunkenness was visible on every
hand and when about n dozen of tho big
blacks entered Eugene Dye's saloon, re
volvers In hand, and demanded that nil tho
whites within retire, the trouble begnn.
The bartender stepped Into nn adjoining
room for his pistol nnd nil tho other
whites, save Demon, mnde a run to get
away. Demon, nlthough being almost n
totnl stranger In the town, wns nervy nnd
refused to obey tho command to depart.
Instead ho pulled his revolver and in a
twinkling ho had shot threo of the negroes
to death nnd the others were falling over
themselves to gel nway. Those dead are:
LEM HOOTON.
"FHICK" WATTS.
HAIHtV GOOD, all residents of tho conl
fields.
In tho excitement Demon, whose home is
In Cnttlettsburg, Ky., left the snloon by
a rear door and up to n late hour tonight
had not been captured. In fact, but llttlo
effort Is being made to apprehend him. He
Is nn assistant bookkeeper for Cole, Crano
& Co. of Cincinnati, who are extensively
engaged In timbering In this county.
MISS FRIZZELL LOSES CASE
Jury Itetiirnn Verdict for Street Ititll
roitil Com pit ny In Hard'
I'ti UK It I Content.
The enso of Miss Agnes Frlzzell- of Fort
Smith, Ark., against the Omaha Street Hall
way company for $25,300 for alleged per
sonal Injuries was submitted to the Jury
yesterday morning.
Judge Munger's Instructions worn brief
and to tho effect that tho whole matter
rested on whether tho car on whlph Miss
Frlzzell was being carried to her boarding
houso and from which sho fell on the even
ing of June 1 Inst, did or did not stop nt the
sliding switch ot Twenty-ninth and Pacific
btrccts. ,
At 2:45 yesterday afternoon tho Jury came
In and returned n verdict for tho defendant.
Tbe Jury was then excused until Monday.
This and tho libel suit of Miss Frlzzell
ngalnst J. C. Hoot and others, which re
sulted In her being given a verdict for
$14,000, havo occupied the court's tlmo for
more than threo weeks, but tho criminal
docket Is finally reached nnd tho first case
will be called next Monday. It Is to be thnt
against Harry Sllvernall of Heotrlce, who
Is charged with sending obsceno mntter
through tho mails.
After It Is disposed of thero probably will
como up tho claim of A. J. Van Alstlno
ngalnst tho government, which has been
pending eighteen months. Van Alstlno asks
to recover on n contract for carrying the
mall to tho depots during tho year ot tho
first exposition. Ho holds a subcontract,
but no copy of It was llled with tho govern
ment In Washington, This latter circum
stance is Important in view ot tho fact that
Uncle Sam stands good for subcontracts
only when they havo been filed with him
early enough to allow him to subtract tho
amount of It from tho payment mndo to tho
holder of tho first contrnct.
It Is hinted that tho enso against Garnot
C. Porter, Indicted on n chargo of sending
obsceno matter through tho malls, will not
be hurried any, as thero Is a disposition to
let tho state's cases ngalnst him bo dis
posed of first.
WAITING FOR VOTES TO COME
I'd 1 In for Auditorium C'ompiin- Elec
tion llemnln Open for
Several Dityn,
Tho stockholders' meeting of tho Omaha
Auditorium company, which was opened nt
noon Thursday, ! still in session and votes
aro being cast upon the proposition to In
crease the power of tho company to con
tract indebtedness.
The question regarding tho number of
votes required to bo cast to enrry tho prop
osition under the terms of the articles of
tho assoclntlon remains undecided, but in
order to uvold any legal complications It
has been decided to keep tho polls open
until two-thlrdH ot tho eligible stock has
been cast. This may requiro tho session to
remain open until Saturday night, as ono
of tho heaviest stockholders ts out ot the
city.
"There is a mistaken idea about this
proposition," suld Secretary Hoobler. "Tho
fact Is that under tho articles of associa
tion, If wo bad $200,000 In coisli In tho bank
wo could not enter Into contract for the
construction ot thn building, ns wo cannot
now contrnct dobts to exceed 20 per cout of
tho stock subscribed, and that per cent
would limit our powers oven In tho heBt
conditions to $40,000, while wo must make
a contract for nbout $100,000 when work
really begins,"
At the present tlmo nbout 50,000 shares
of stock havo been voted and It requires the
affirmative voto of about 00,000 shares to
carry thu proposition.
PUTS BAN ON CLOTH SIGNS
.Mil) or Nny Streamer" 31 nut l)lNiiiieur
tin Hit; lint of the .Vetv
Veur,
Attor January 1 all cloth signs must bo
taken from tho streets of Omaha. Such Is
tho edict which Mayor Moores has Issued.
Ho granted special permission to dealers
who had holiday goods to string banners
across the sidewalks and over tho fronts of
their buildings, but after the beginning of
tho now year thotemporory signs must be
token in. , '
EXTENSION OFITSTEUUITOKY
WtiUrn Car Seine AntciatUa Takei la
Manj Ktw BtatUas.
REMARKABLE GROWTH FROM SMALL START
civ .'iiili1lloii Are Due Hundred
nnil Set enlyiiiree Million mi
l'rliieliiil lliillrniiiN Itiniiiliiu
'liicoiiuli .Mule "f lint ii.
Mnnnger A. C. Jones of the Western Car
Service association announced Friday upon
his return fiom the east that arrangements
hud been completed whrteby the nt-socln-tlon
has effected u very extensive Increase
of Its teriltory and business. Tho exten
sions wont into effect on Saturday, Decem
ber lf. More aro planned to be operative
on and after January lu next.
Ily the enlargement just consummated the
assuclutlou ha. more than tripled tho num
ber of Its stations In one fell swoop. A
work ngo It covered merely Nobrn.ika, with
tho addition of Council Hluffs and Sioux
City In lown. There wero Just seenty
seven stations In all This recent deal has
added 173 new ones.
Nono of tho new stations taken In Is ns
largo or ns Important In rnllrond lines as
Omaha, Council Hlurts, Slou.x City. South
Omaha or Lincoln, so tho Increase In the
business will not bo as 'urge propor
tionately as Is that In the territory covered.
However, where with tho old territory the
association handled some 40,000 freight cars
during tho month of November It now ex
pects to manipulate ns many ns 05.0UO a
month.
Tho progress of this adjunct to tho rail
road business since Its last reorganization
on July 1. 1900. under tho management of
I Mr. Jones, has been extremely meteoric.
It started with Just four railroads, the
Hurllngton, Union Pacific, Missouri Pacific
and Fremont, Elkhorn & Missouri Valley.
Moreover, only that part of these linos
within n rndlus of ten miles of tho Omaha
postolllco was operated, houth Omaha,
Omaha and Council HlttlTs being tho only
cities In tho association.
Till.e HiiiiIiI Milile.
Ono month later tho association cnlnrged
so ns to include all competitive points In
the state of Nebraska north of tho Plntto
liver. In October again It took lu nil cotn
petltlvo points south of the Platte. In
December Sioux City was included. Noth
ing more was done for Just a year, when on
tho first of tho present month some ten
points in South Dakota and Iowa wero
added. On tho IGth occurred tho greatest
btiide of nny, and the association finds It
self handling n score of railroads In three
stntoc when It started with four on n tcti
mlle circle around Omnhn.
The new territory secured In this latest
acquisition Is as follows:
On tho Illinois Central: From Tarn, la.,
to Omaha; from Tara to Sioux City; from
Onawa, la., to Sioux Falls. S. D. This In
cludes all points on these routes.
On the Northwestern: All points on iho
main lino from Omaha itiO miles east Into
Iowa; a fow competltlvo points nn brnnches
In tho samo territory.
On the Hurllngton, Cednr Haplds C- North
ern: Polnta In South Dakota, lown nnd
Minnesota.
On tho Hock Island and the Chicago, Mil
waukco & St. Paul: A few competltlvo
I'oInU lu Iowa.
Tho territory' which (he additions of Jan
unry IB will bring to the association nio on
tho Chicago, Milwaukee & St. Paul from
Slater, la., to Council Illuffs, with tho ex
ception of Des Moines, nnd nlho on the
namo lino all points south of tho muthern
Minnesota division up ns far as Chamber
lain. S. D.
Imiiriit eitifiilN Slop Temporarily,
An era of nctlvo railroad construction,
tho completion of which means much to
Omaha, was nipped In tho bud and tem
porarily delayed along tbe Wabash lino
by the sudden advent of cold weather last
Saturday. Tho frigid wnvo caught a force
of 350 men, working on tho improvement of
this railroad's latest acquisition, the
Omaha, Kansns City & St. Louis, nnd
drovo them completely out of the trenches.
All operations aro now of necessity sus
pended till the weather moderates.
It was on November 3 last that tho Wabash
took over the Omaha. & St. Louis, anil
within a week nfter tho assumption of tho
lino tho Wabash was working on the Im
provements. Tho main feature of these Is
tho laying of now eighty-pound steel rnllH
overy foot of the way. Other changed will '
bo tho taking out of many curves nlong tho
routo nnd tho replacing of nil bridges nnd
culverts with new structures.
In tho brief month or six weeks of work
that tho weather permitted thirty miles ot
the new rnils wero laid and 12." ears more '
of tho steel lie ready to bu put down nt
onco when work opens up In the hp-lpg
Tho new trackngo Is between Council fllulTs I
nnd Silver City und south of Maryvllle. It I
Includes entire now ballast uloug tho whole
system and n big rock crusher has been In
operation on the ncenn of tho work from
tho first, mincing the rock that Is carried
directly theero from tho Missouri quarries. '
Tho purpoi-o of all this Improvement is
prlmurlly to glvo n ten-hour servlco be
tween Omaha nnd St. Ixiuls, which has
never yet been possible In order to muko
this tlmo n perfect road la desired.
Hiillttny .VnleN n ml 1'i-rxiiiiii Ih.
The Wabnsh has completed Its lino from
Moutpeller to Toledo, thus giving It the
short lino from Chicago to Toledo Freight
Is already being carried over the new ru.id
SELF ASSASSINATION
The Slow, Suicidal Processes That Are Indulc'l In by Tliou.
sands of Afflicted.
"Jn vain shnlt thou
clnes" -Jer xvl., 11
II, a -nipurir,l ..f thn irrent ,Hpn vnrl en
Ily Its use pain vuiilsheH like magic, tho weak are madu strum and it i nr. h
aro murvelouM. ,, ,
With earnest solicitude wo humbly beg the nllllct. d lo call personally 'u d
test Hie merits of all thnt Is claimed for till wi.nduful excluslvo pnn uiid
nppll.mee with Its special now electrical .ittachmi nt for ni'-ii und woae n
If you cannot cull, write at once. Consultation a ml all Information free two
valuable bouks tieiit to any address for Ha- asking
Ale you weak or have you lost your powei .' l- your vitality low ' Are
your kldneH. liver nnd bladder oil of order" Have you rheumiitHri. 1 No
mntter what your ailment whi ther In blood, bone, muscle or gland tin re Ih
but one logical und sensible method of treatment ""d cure, nnd that is b
nnture's wij electricity NOW H the lime I-et me allow you how . a-i Is
i no way
DR. BENNETT
Corner Dndgo & Mth, Omaha, Nob.,
!-! To!,?,s;,,'10,,M''"
.-. ......... ..... ... w. ...( J .
VaIjan l'.n.l..i.a.l , m.. ,.mII.. . . a A. r. .. n -..
i.i.r.,',, n ... ,w,., lllltlllll,, .M -riTH1'!
agent of tho New Yoiii Onttal, Is In
i inmli i.
C. M. Itatlilnitn. niirltttiiilcnt nf the
Mlrsourl pMcltle, with heitdirinriMrti at Knti
nan City. Is In tin- city,
J. It Doty, division englneel of tho Illi
nois Centi-s.1, with hendiiunrtsrs nt Fort
Dodge, la , l In Omaha.
The Hurlliigtnti win Hberilv I semi a book
of rulrt i iiiitiiliilng liirtrm tlniut to HUmiti".
i oiiduetoiM nnd l.ngMsm m-n. Thin Id the
first piiblliiUliin of the kind rer lUO(l liv
this load, although miiii uiI InslriirttoiiH lb
baggagemen have been glvm. The book In
of fiuty-llve piiKe and Iih Instructions
range from the tmitt elemeiiisry tip,
Mechanical departmenttt mi till rnllromts
ale JllrliiK nddlllnnal men t.. look attor thn
steitin eoliliei-tloiiK nf ears, uhldi ure wen
mill frozen tight on arrival nl iriinm.iN
or Junction polul. The linker b-atera
are Inadequate lo keep the , ,irs warm In
such eold weittbcr and the utrttm plpr-i
must be opened up ami thawed out at
stop..
ROBERT SMITH CALLED AGAIN
lie mill i'tto Ullier Member it r Sellout
Moil rd Appear llefure (irniid
.lurj ,
Member Robert Smith of the Hoard of
Education was up before the grnml Jury
yesterday for the teeond time tn the
capacity of nn expert on "wiil-ilnilhoil
rumors." For twenty minutes he did' his
best to tell what he knew of the alleged
corruption existing In city affair, but h
fnlled to make good. Ha was forced tr
ndmtt thnt he knew nothlns; of th mat let
nf his own personnl know ledge, but iiimelj
from hearsay. At the outset ho also ad
mitted. It Is said, Hint ho alone ot all tin
members of the board oted ngalnst ,i
resolution asking I ho city council to In
vest Igate tho nllcged diversion of polht
court fines. He explained this action b
saying that the city lounrll was responslbU
for existing conditions and Hint It was use
less to nsk thnt body to InvrstlgAtO Itsulf.
Mr. Smith averred, however, that ho Utiew
of people who were aware of the corrupt
conditions the board complained of nml
submitted n list of them, together with n
guarantee that they could tell Homethluf
more definite than even well-defined ru
mors. It Is said thatthe list contRlticd the
nanus of a number of owners of house
which nro alleged to be used for unlawful
purposes.
Two other members of the Honrd of Edu
cation were also examined and thoy mldiv
but little to the evidence before tho gratM
Jury. Some members of the city council,
among them Mr. Klmman of tho Third wajd
were exntnlned ns to their knowledge ol
it tin Irs.
The number of true bills voted by tb
grand jury for keeping nnd maliitnlnln:
gambling devices has now reached 2R0 mid
there mny bo some additions before Its
work is finished.
JIM ALLAN'S STRONG BLARNEY
Throttv the lluiiL" Into Cimllill Hill
nnil l.ii ml 1 1 1 in In Ciniul.t
.lull.
William Harrison, nllns English Hill nl
Homer, Neb., pleaded guilty to tho charge
of selling Ibiuor to the Indians and Judge
Munger lined him $ino and costs, timouulliu,
to another hundred, and nave him sixty
days lu Douglas county Jail ns n term In
which to niedltato on the consequences! ol
telll.ig too much of Ills family history tc
Deputy Marshal James Allan
Harrison Is of the nationality Hint his
Hobrlquet Indicates nnd Allan Is n Scotch
man. They look u long drive together tho
other afternoon and now English Hill l.t
wishing they hadn't. Ho opened his lien r t
tn tho man from the Highlands, and the
man from the Highlands talked of Great
Ilrltaln sympathetically until they reached
Omaha. Then he fished out nn Indictment
returned by n grnnd Jury nearly two years
ngo, and It is to tho chargo in that that
Harrison hnd to plead guilty. When ho has
met tho requirements of the present Hno
he will bo held to nuswer to the chargo In
tho Indictment returned by tho Inst grand
Jury.
Allan's memory Is responsible for Har
rison's bird luck. The latter was Indicted
two years ago for dispensing Uruuntur to
Uncle Sam's wnrds, but decamped beforo
the officers arrived with the warrant. Ito
cently bo returned to Ills old haunts and
his old tricks und was ngnln Indicted.
Allan remembered the first Indictment und
when ho hnd mnde sure of Harrison's
Identity he served the old warrant on him
and held the new one for fuinro use.
8 -".0sftCES,S
im I lllll I ii at WM III I in III Sll II 1 1 1
UURfc YOURSELF
(If llluJ I ' 'iiinatiirnl
(llirhurK-t.lnflC((Mlliiii,
Irrlutluot ur utrctiitloiit
of muciiun ttifU'lirsnM
I'ntnkn. and nut itUlu-
ItiiiEv..sCiim 11 Cl). "'ut ur r""""-
9 woiu i.,t iiriiecu:,
'iirifiit l'i pIhiii "WrM.
ji I .Oil. ot 3 bottlra,
IJWIU, (U
uirur Htm ao
uso many mcdl- I
"There's no fool like nn old fool" Is
n trite truliin that- needs no nlabor
aHon ben but for those who nro
afllleted .ii,d whose prejinllcen are mi
Htrong a In be Impenetrable to' senso
and rtiiiH'Hi, there Is less exeun.
Tho unfortunate who ure situated
liojond the pale of help ur hope must
perish on that account, but there are
few jnstanccH of that nature. How
ever, theio arc tliouHamls of eases
where men and women are commit
ting Helf-nH.saH-dnntlmi or slow milcldn
simply anil solely because tln-y do
not bellevo In ot will not Investigate,
the menus or method Hint would
bring them speedy relief. Thli Is
doubly wrong, for the riasmi thai they
continue Pi misery theirwelviH nnd
make Miose miserable who nro near
and d.ar to them. . ....
' Tho greatest Invention chronicled In
Iho closing i-ar& nt tlio nlllcleonUi
tentuty was
Dr. Bennett's lilectric Belt
This Incomparable Elcctrle.il Appll-mke-
a nlace iirc-einlncntl v lo
I hi, I IlilVn KtlirtlCll the UlOllem World
ELECTRIC B01.T CO
ll.nu 'tr.1,. i'. "(It Tl,..,,.!!. I. Its
Opposlto Haydens Always Upon.
oak
MvAw (J titr o i"i 111
H1 J not t iirUtir.
I' I'rtffDia ('notifta
J
i