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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 9, 1902)
THE OMAHA DAILY BEE: THURSDAY, JANUARY 0, 1902. 3 DEATII SENTENCE AFFIRMED lnpTm Ooirt Deolim "William Bhu Milt - Itig April 25. TO AVENGE MURDER OF HERMAN ZAHN When SpiiIciicp in Fulfilled thin IV 111 lie (lir I'lrnt Kxeciitlnn nt tliu l'cnltciitlnry Under Iho A'.ctv l.iiw. (From a Staff Correspondent.) LINCOLN, Jau. 8. (Special Tclcgftm,) Tho supremo court tonight handed down a decision nfilrmlng tbo death sentence of William Ilhea for tho murder of Herman Zahn In 'Snydor, Neb., January 4, 1901, and i fixing April 25 as the day of execution. Ilhea based his claim for n reversal on tho Alleged Insufficiency of evidence and the contention that ho could not bo convicted of murder In the first degreo when, there, was no evidence a show that tho killing was premeditated. Tho engirt refused to sustain either claim.' If the decision at tho court stands, Ithca will be tho first man executed at tho penitentiary under tho new law. JiiiIkc HoltMiiiili' llevlctv of Cuite. In summing up the caso Judge Holcomb ays: r, "Tho paramont faclH In the caso as dis closed by tho record essential to . estab lish tho crime charged aro, In our Judgment, fully established by tho evidence llrlfllv tho main features of the transactions re sulting In tho homicide, its shown by the vldenco, aro In unbalance the following: "Tho throo defendants charged Jointly with tho commission of tho crlmo como to tho village f Snyder, In Dodge county, In .tho afternoon of January 4, 1301. Thoy mere strangers to tho citizens In that vi cinity. Thoy remained during tho nttor noon and evening, until about 8:30 or 9 o. m,, when tho homicide was committed. "In tho village wero two saloon's ad joining each other, and on tho cast sldu of tho main strcot, running north arid south. A plank sldowalk In front of tho two build ings was constructed along tho street, such as' nro usually found In small towns. The defendants were In and out of tho two saloons during tho afternoon nnd drinking somo; mostly beer. They ate their- lunch In a salqon of tho deceased, which is sit uated north of tbo other ono. About 7:30 p. m. a citizen of tho village, ono Orlcy, passed Into' tho south saloon nnd found defendants shaking dlco at thb bar. who lit t vltcd hlln to take part In tho gnme, which ho did. After shaking dlco for n short whllo ho dropped from tho gume. The defendants continued In tho sport for n short ttmo longer and then passed out of tho south saloon., Orlcy soon after passed out also and Into tho saloon of tho deceased, Just north. Si'cni' In the Saloon. "In a short porlod of tlmo thereafter Orloy nnd oue Schneider passed from tho saloon of tho deceased to the sidewalk la front, where thoy found the defendant stand ing with his two companions. Without other words, and almost Immediately nfter Orloy and tho party mentioned had reached the sidewalk lA passing out of tho saloon one of the defendants, Oardncr by name, asked Orlcy, as testified to by him, 'What aro wo rubber ucckln' at hlra for,' and said. 'Do you think wo nro I'nt Crowo?' Orlov answered, saying, 'I ain't rubber neckln" you.'. Tho defendant Hhca then moved as If to4, go bohlnd Orlcy, who told him not to get behind him, as ho did not allow any body to got behind him. Just then de fendant Hhca pulled his gun or revolver nndijtuld. Orioy to, got. Tills Is the only cvldenco 'that. by any possibility could bo regarded nB proof of nny brawl, quarrel or dispute, prior to the homcldo. Orloy nnd Schneider retreated hastily Into tho saloon and passed hurriedly to tho rear door, through which they left tho bulldmg. In going from tho front to tho rear door Orloy passed by tho deceased, who was Bitting at a card tablo near tho center of tho room, which was forty or fifty feet In . length, nnd paused only long enough to say to him In a moderate tono of volco. 'Those fellows out thoro bavo guns,' or somo such similar remark. At tho samo tlmo nnd closoly following Ofley and Schneider from tho sidewalk Into tho saloon tho defendants Hhca and Oardncr entered through tho front door with their rcvolvors drawn and with tho command to throw up hands to those within tho building, of whom thero ware fifteen or twenty. No, resistance was offered by nny and many escaped through tho rear door.j Shut Without Provocation. "Zahri, tho deceased, arose from his chair, noor tho cmter of tho room, nnd with his hands raised started toward tho dofendant, Intending to say, 'No shooting In hero,' or, 'Don't shoot In here,1 and boforo com pleting tho sentence he was fatally shot In tho 'abdomen by the defendant, Ilhea. Ho expired In about nn hour thereafter. "It Is further shown by tho evidence that after tho shooting tbo defendant went to tho deceased, kicking him and saying, 'You aro not much hurt,' or words to that effect. Gardner, immediately succeeding tho shooting, began to paco from tho front to tbo center of thu room and back again, brandishing his rovolvor at thoso within tho ,butldlng and terrorizing them with tho purpose of preventing resistance or Inter ference with their plans. Defendant Ilhea passed behind tho bar of tho saloon, or counter, throw down tho cash rcglstor, broke It open and also broke into what' was apparently tho money drawer in on iron eafo In tho building. During' tho tlmo tho defendant nleo camo from behind tho bar nnd searched tho jiockets of tho deceased. ''After tho. events nurrated had tran spired tho throo defendants loft tho build ing and,, passing down tho alloy by Its side, escaped to tho eastward. Tho horal- tldo was of tho must aggravated character nd apparently without any extenuating circumstances. Tho dofondants wero seem ingly bent on mischief of tho most atrocious Character. They proceeded to tho business with a most reckless disregard of life, a cool determination nnd desperation seldom displayed In tho annals of crlmo. Thoy Suffered 20 Yars. Cured of Plls. 14. .luniiit, 4iiiiu, v . vti, wriiva; 4 Buffered frightfully for 20 years from Itch ing", blind nnd bleeding piles. I trlromany k t. T r , ., I , 1 . it - ,iT remeuiua wiinom reucr; tno nrst application-of Pyiumld rile Curo gnvo blessed relief niul nart of u llftv cent box. purt,l nie completely " For salo by all drug gists. Little book, "Plies, Causes and euro- maiica me. ryrumiu urug Co., were obviously bent on violence and boldly .set at defiance of tho law and the rights of tho individual to secure in his person and property. Vliiulenten the I.nvr, "Tho cvldenco amply Justifies the find ing of the Jury and tho verdict, but vindi cates the majesty of the law, Tho de fendant has been accorded an Impartial trial and all his rights to which ho Is en titled beforb conviction of the crlm charged have been fully preserved by com pliance with tho forms and substance of tho wise and humane provisions of tho law for tho protection of tho, innocent as welt as tho punishment of the guilty. Wo find no prejudicial error In tho record and the Judgment complained of should be and ac cordingly Is in all things affirmed. "It Is ordered that Friday, April 25, A. D., 1902, bo nnd tho samo Is hereby fixed andappointed as the day for carrying Into execution the Judgment dnd sentence of said district court." llrnl Ktn(e Convention. , Dsputy Labor Commissioner Watson says thero Is widespread Interest over the state In tho forthcoming convention of Nebraska real estate dealers. One of the features of tho convention, ho said today, will be an exhibit of tho products of tho" various sec tions. Tho dealers will prepare Oio ex hibit at tholr own expense. Tho following Communication was received today from W. O. Shrlvcr, secretary of tho Omaha Ileal Kstato exchange: "Tho exchango will certainly do nil In Its power to tnako this gathering n Buccess. As you requested, tho president of tho ex chango has appointed John S. Knox nnd U. C. Wallace to represent It on tho program. If nothing happens you can count on a good attendance from our exchango nnd Omaha. Tho matter will bo brought up at our reg ular meeting on 'Wednesday. Tho exchange will doubtless appoint a committee to mnke suggestions and do anything that Is possible to tnako tho convention Interest ing ns welt as successful. Anything that you suggest will be gladly done as far as we uro able." Suurenie Court Opinion. Opinions of interest to people of Omaha and tho state at largo nro ns follows.' Kar bach agalntit Fogel, reversed; Kara against Stato ex rel, school .district No. 1, Sarpy county, nfflrmcd; South Omaha Loan nnd Building association, affirmed; State ex rel Croon against Poor, reversed! Omaha Brew ing association, against Tlllenbcrg, af firmed; Marsh ngnlnst State ex rel North, affirmed; Stato ex rel Thompson against Stull, writ denied and action dismissed. Tho enso of the Omaha Savings bank against tho City of Omaha was advanced for hearing at tho September term. .School Fund Inerene. Tho permanent school fund was increased 11,438.27 today, tbo payment of that amount as tho sum returned from tho salo "of the cstato of John Stanley, an Englishman, who died Intestate In South Dakota In 1892. Ho owned considerable property In York coun ty, but so for as known executed no will nnd no heirs. After a ten years' search for heirs of the deceased tho property in York county was sold and after tho payment of necessary expenses thero was a loft balance of $1,438, 27. Under the constitution of Nebraska tho money belongs to the permanent school fund.' J. W. Purlnton was administrator of the state and today ho wound up Its nffalrs by paying tho balance into the stato treasury. Salary qf Count' Superintendent. An .error In tho printed 'communication has made it appear that Superintendent Fowler rules that It was not tho Intention of tho legislature to limit tho salary of county superintendents to the minimum fixed by law. What Mr. Fowler said in tho original communication Is: "It Is evident that It was not tho intention of tho legislature to limit tho salary of county superintend ents to tho minimum compensation." New Incorporation. Articles of Incorporation of tho Benedict Telephone of Benedict, York ctfunty, wero recorded in tho secretory of state s office todajL Tho company is capitalized for $10, 000 and its incorporators are: J, W. James, D. B. Crownovcr, S. P. Strykcr, J. W. Straight, C. F. Uaughan, J. W. Meyers, E. E. Watts- and J. S. Howard. . Tho Northwestern Trust company of Omaha has Incorporated under tho laws of tho state. It Is capitalized for $25,000 and Us Incorporators are: T. F. Scrvls, W. It. Wcsner and Alex Buchanan. I2cnpe f romvWIIber Jail. Sheriff Webber of Sallno county notified the police here today that three prisoners had broken out of tho Jail at Wllber and presumably wero coming to Lincoln. A man under charge of murder, who could bavo escaped with tho others, remained In Jail. It 'Is believed tbo fugitives are the menvwho wero arrostcd on the chargo of committing rqbbcry nt Waverley tho day a'fter Christmas. Greene Defers to Savage. Dr. J. L. Greene, superintendent! of tlje Hospital for tho Ins'ane at Lincoln, said today: "Some of my friends havo been kind enough to suggest me as a candldato for governor. Tho matter did not como to, my ears until within tho past few days, and since then I .havo frequently been osked to allow my namo to go before tho con vention. ' s "I deslro to say this, howover, that If Governor Savago Is a candidate to succeed himself I shall not permit my name to be used. I could not do otherwise, considering tho relations that have existed and con tinue to exist between us. His treatment of me has been most kind and be has re posed In mo a faith that I could not vio late Ho has turned over to mo tho en- tiro management of tho Institution here, has allowed no; one else to Interfero nor has ho desired to tako any hand in the man agement .himself. If he Is a candidate nt convention tlmo I will not be." FIND STRANGER IN PARLOR Wnhno People Hetnrn from Bitter- taliiutent anil Dlacover a Man In Their House. WAHOO, Neb", Jan. 8. (Special.) When Mr. and Mrs. Charles Perky returned from nn entertainment at the opera house last night thoy were surprised to And a stranger making hlmsolf nt homo in tno parlor, Tho doors were all securely locked and were in that condition when they returned in the evening. When accosted by Mr. Perky ps to what business ho hm there, Mr. I'crky received an Insulting reply, whereupon the Intruder received chastise ment at tho hands of Perky. Tho man's namo Is It. Doro and is. said to live near Davy, In Lancaster county. lie was put la the lockup. Foot Crushed in a liar I'rena, PAPILLION, Neb., Jan. 8, (Special.) Judd Gates, a farmer near Gllmore, had n foot crushed In a bay ptsisg. At first it' was thought that several bone's were broken, butafter examination the bones wero found to bo whole, and his foot can bo saved. Gates was crowding tho hay down with his foot when It caught and tho team did not stop in time to prevent the accidie ent. Doctor Must Anaver Forarery Change NEBRASKA CITY, Neb,, Jan. 8. (Spe cial Telegram.) Dr. Frank McQuald, who was arrested In Omaha upon a charge of forgery, wbb brought to Nebraska City last night and lodged In the county Jail, Ho will be kIvcb hearing Monday. , MINING IN THE BLACK HILLS ImpirUl Millie "4 Milllnr Gropaij lays ItnlUr TaJliiji. DISCARDED ORE CONTAINS GOOD VALUES Modern Method Extract More Than Four ''Dnllnrn Per Ton that Escaped Former Cynntdc Attack. DEADWOOD, SD., Jan. 8, (Special.) The Imperial Mining nnd Milling company has purchased tho tailings' at tho Ilosslter cyanldo' plant In Deadwood and will treat them at the company's new cynnldo plant, vhlch Is Wing completed at Deadwood. There are several thousand tone of the tail ings, which 'have been carefully sampled by the Imperial company. Tho sand contnlns moro than $4 a ton In values that cscaupd the solution during the operation of the Ilosslter mill. It will bo only n short haul to the Imperial plant nnd the c'ompany will be able to handle tho tailing's at a nom' Innl expense. The Ilosslter nillr was built by tho Black Hills Gold and Silver Extraction company, being tho first cynnldo"plnnt In tho Blade Hills. It wns run for several years largely as an experiment, 'it was Imperfect lu many respects and therefpro unable to make the extraction -that tho cynnldo mills of tho country nro making at tho present time. The old plant and tho Immense pllo of tail ings furnish an excellent Illustration of tho Improvement that has been raodo In tho process during tho past few years. Only the medium grado ores wero treated and tho low grade propositions wero Ig nored. A largo part of tho old dump will assay $7 nnd $8 a ton, nnd tho new cynnldo assay $7 and $8 a to. and even better. Tho Imperial company has most of tho machin ery In plnce at the new cyanldo plant, which Is to have a capacity of 200 tons a day. Tho plant is now waiting for the engine. When It arrives nnd is place'l on its foundation tho rest o( tho machinery will bo ready tor connection. ' I.enac Iloaalter Pliint. John Lundberg, who has taken a leaso on tho Ilofslter cyanldo plant, has a forco of men employed in making repairs and Im provements In tho building. Ho expects to start up on or before tho middle of tho month. Ho has been working tho Big Bonanza and Buxton mines, near Terry, under lease for several years and ho in tends to treat tbo oro at the Ilosslter plant In the future. J. V. N. Dorr Is chemist at the plant and Is associated with Lundberg in tbo lqasc. Henry Schnitzel hos recently taken a lease on tho Ben Hur property In Nevada gulch. Tho property has been a producer for soveral years and there Is a largo nmount of ore avallablo that Schnitzel in tends to ship after ho hns .performed tho preliminary work necessary to open It up for the miners. Tho Ben Hur Is owned by Fawcott & Delchant, P. A. Guehuret, Ernst May and other Lead parties, nnd has a good record as a money maker. Thero aro load ing stations on tho railroads put in for the property several years ago. Face of Tunnel la Solid Ore. The main working tunnel on tho ground or tho Deadwood-Ohlo Gold Mining" company Is in a distance of flfty-ftvo feet and tho face is solid ore. Tho last assay, mado at tho United States assay office In Deadwood, gave returns of $8.25 In gold, $8 of which was free milling. Samples taken from tho face Iatey havo been assaying from $5 to $8 a ton. This company, whoso holdings aro situated twenty miles south of tho Hojnestako on tho Burlington railroad, has ordered a now plant, consisting of nn air compressor, boiler and' air drills, to bo installed at the now tunnel that is being driven Into' tho hill on a freo milling gold vein from sixty o 200 feet wide and to bo traced on tho sur face of tho ground for a dlstanco of moro than a mile. Tho tunnel is gaining foot for foot on tho oro nnd will contlnuo to do so for over 500 feet. Tho company has signed a contract by which It Is permitted to build a resile ovor the Burlington railroad track to con vey Us oro from tho tunnol to a mill of eighty stamps, tho crushing capacity of which will be 400 tons a day. Thfs mill Is to bo erected in tho spring. Formation neaeiuhic the Hoinealake. Competent mining men familiar with thn Alaskn-Treadwel! mine, on Douglas Island, Alaska, and tho Homcstake mlno In tho Black Hills positively assert that thlunrn an bo mined and milled at a cost not to exceed $1 per ton: that is. the raw ore can bo reduced and .tho values converted Into bullion nt that figure. Tho company has a water right of about-1.600 minora' Inches, extending up Rapid creek a mllo or more, tho water flowing within soventy- ftVO feet Of tho mouth of thn tunnel' tho Burlington railroad track lying between tho crccK ana tno, mouth of the tunnel. Tho oro will be convoyed frora.tho tunnel across tho railroad track on tho trestle, nmi Into the top of tho stamp mill. In all points tne proporty closely resembles tho Homo stake, the formation being the same and tho oro Identical, Pitta In Ten Additional Stamp. There hns been a change in tho directory of tbo Dakota Mining and Milling company. Both Bullock, John It. Wilson and Clayton Flower havo retired, and havo been suc ceeded by J. M. nickel nnd S. V. Noble of Deadwood and Isaac Clcmensoii of Dubuque, ia. Mr. uutiock was vice, president and Wilson secretary. J. B. Empson, chemist at tbo company's cyanldo plant in Dead wood, has been elected secretary. John Hunter of Deadwood Is general manager. The cyanldo plant is running steadily, bolng suppllod with oro from tho Vulcan, one of the Dakota company's claims ne'ar Baldr mountain, and somo custom oro from tho Bordoauxc which fs being worked under leaso near Torravllle. Tho dally capacity of tho plant Is about seventy tons. Tho oro on which 'it Is running shows a valuo of from $8 to $12 heads, and tho averago ex traction Is S2H per cent. It Is expected that the ten additional stamps will arrive early this month and bo In place by tho mlddlo of tho month. ThU will give tho mill a crushing capacity of about 110 tons' a day. Thoro has boon a long delay in the arrival ,of the new ma chinery, owing to the dlfflcultV experienced by sevoral oT the steel and Iron factories In fining orders. Abundant IMcuea at Surface. Tho. Dakota plant has tankB 'enough to treat 125 tona a day. During tho recent favorable wcathor the company has confined 1U mining operations to Burface work. Thoro Is a largo body of shale oro lying within a few Inches of tho surfaco on the Vulcan and extending across adjoining claims for 2,000 feet. It is 200 feet wide and from eight to twelvo feet thick, assay ing $8 a ton on a' general averago. The common sdndstone and quartzlto ly. Ing nxt to the oro Is highly mineralized, running $4 a ton and better, and the com pany hopes ultimately to cnlargo Its plant sufficiently to tako In all this rock, which could be treated at a profit on a large scale. . To Operate Ueailbroke Mine. Tne officers and principal stockholders In the Hecovery Gold Mining company, re t ceatly, organized la Celgradq Springs, Colo,, for tho purchaso of tho Deadbroko mlno, three miles west of Deadwood, oro expected to arrive In n few days. Permanent work will then bo inaugurated on tho property. Tho plans of tho com any contcraplnto an Incline tunnel several hundred feet long, to reach tho main ore body, which Is ex posed by sevoral thousand feet of old work ings and development drifts nnd crosscuts. A 200-ton cynnldo plant Is also to bo built, tho material having been ordered for that purpose. Tho oro Is a cement, carrying somo freo gold, nnd 200,000 tons Is blocked out in ono place. It will bo amalgamated cither t'oforo or after cyanldlng. Judge Waahnliiitigh Svrorn' In. DEADWOOD, S. D., jn. 8. (Special.) Judgo Frank J. Washabaugh took his ofllco as judge of tno Eighth Judicial circuit at noon today, succeeding Judge Joseph B. Moore, whom ho defeated for election in November. The oath of office was admin istered by Sol Star, clerk of courts. Judgo Washabaugh's first official act was In ac cepting resolutions prepared by tho Bar as sociation on tho death of Judgo W. A. Blno hart, which, wero ordered entered on tho court records. The Bar association pre sented to Judgo Mooro a hnndsomo gold watch and chain upon his retirement from tho bench, tho presentation address being delivered by Judgo Wnshabaugh, In tho prcsonco of a majority of tho bar members. Charles II. Nelson has been appointed by Judgo Washabaugh ns court stenographer, and' L. C. Miller and E. M. Dalo court bailiffs. llnnkmptcy Claim Cnncellcd. SIOUX FALLS, S. I)., Jan. 8. (Special.) In tho United States court tho follow ing persons havo been discharged from bankruptcy and all claims against them cnnceled: William Marshall of Castolwood, CharlcsjBradlcy Hamilton of Sioux Falls, Olo Svang of Dayton, Lincoln county; Heln rlch Schneider of Hutchinson county, Henry Stlenhaucr of Aberdeen, DeWltt Cochran of Clark. Iteducc PnNpiiircr Itntc. DEADWOOD, S. I)., Jan. 8. (Special.) Tho railroads in tho Black Hills havo put in effect tho 4-ccnt passenger rnto, this being a reduction of 1 cent a mllo from former rates, Tho reduction mnkes a difference of-over $1 In tho faro from Lead or Deadwood to Hot Springs, Edgemout, Ilapid City and other points In tho southern part of tho Black Hills. Itrnnd Cominlimlon In Selnn. PIEttRE, S. V., Jan. 8. (Special Tolo- grnm.) Tho Stato Brand commission is In session today and has about 150 now brands to pass upon at this session. This will carry tho total of brands well over 4,000. Mntera In n Mllltln Company. PIEfinE, S. ,D., Jan. 8. (Special Tele gram.) Adjutant Gcnornl Conklln Is nt Miller, whero ho vlll mustor In a militia company which has been organized nt that place. WESTERN PACKING STATISTICS Heavy 'itccord for Hok a Compared with Preceding Week nnd'Slm llnr Period I,nt Year. CINCINNATI, Jan. 8. (Special Tolo- gram.) The Prlco Current says: The total western packing is 620,000, compared with 440,000 tho preceding week nnd 510,000 Inst year. Since November 1 tho total Is 6,330,- 000, against 5,205,000 a year ago. Prominent places comparo as follows: 1902. Chicago 2,080,000 1,670,000 KansuH City .' 810,000 610,000 OMAHA 535,000 423,000 Bt. Joseph ,. 480.000 316,000 St.. LoutH , 390,000 3S5.000 Indianapolis ..........1 3IG.0O0 2S1.003 Milwaukee 231,000 214,000 Sioux City 210,000 151,000 St.. Paul ..." 16...000 136.000 Cincinnati 155,000 156,000 Ottumwn. .-. 150.000 137.000 ueuar nupius ki.uuo iio.wo i tienevn Daiika Elect Ofllccrn. GENEVA, Neb., Jan. 8. (Special.) These officers wero elected yesterday at tho an nual mooting of the Geneva bankB: Geneva Stato Jiank, E. Sandrock, president; E. Laffor vice president; C. S. Trotter, cashier. Citizens bnnk. J. O. Walker, pres ident; C. W. Shlcklcy, first vico presldont; V. C. Shlckley, second vico president; E. K. Cobb, cashier; W. H. Stewart, assistant cashier. Beatrice Woman Adjudged Iimnnc, BEATRICE, Nob.! Jan. 8. (Special Telo- granj.) Mrs. M. E. Evans, wlfo of Cap tain si, E. Evans, who llve3 on tho West Side, was examined today by tbo Insanity commission and adjudged . insane. Sheriff Waddlngton will tako her to Lincoln. GREAT FOR BABY PARADES Two More Dny of .Warm Sunshine nnd Gentle Wcatern Zephyrs. WASHINGTON, Jan. 8. Forecast: For Nebraska, Kansas and South Dakota Fair Thursday o,nd Friday; westerly winds. For Iowa, Missouri and. Illinois Fair Thursday and Friday light to fresh -west erly winds. For Now Mexico Fair Thursday and Fri day: variable winds. For Eastern Texas, Arkansas, Oklahoma, Indian Territory and Western Texas Fair Thursday and Friday; light southerly to southwesterly winds. For North Dakota Fair and somewhat colder Thursday; Friday, fair; varlablo winds. For Wyoming, Montana nnd Colorado Gonorally fair Thursday and Friday; vari- able winds. ( Local Itccord. OFFICE OF THE WEATHEB BUREAU, OMAHA, Jan. 8. Omaha record of tem pcraturo and precipitation compared with the correspondlnc day of tho last three years. 1D02. 1D01. lDrtn IBM Maximum tempernturo.... 50 3 1 42 32 Minimum temperature.... 37 13 33 10 Mean temperaturj) 48 21 38 s zr. Precipitation 00 00 T 00 Record of temperature and precipitation at Omaha for' this day und since March 1. 1901: Normal tempernturo j7 Excess for tho day 3, Tntnl excese since March 1 m Normal precipitation Oii'lnch Deficiency for tho day..... w lnch' Precipitation sinco aiarcn 1 24,11 inches Detlcfency slnco March 1 e,31 Inches Deficiency for cor. period, 1901., ,21 inch Deficiency for cor. period, l'joo.. 4.49 Inches llepo'rt from Station at 7 p. iu. HI a 3 org n . c : n : p CONDITION OF TUB WEATHER, : c : 3 : B . c ! : 3 1 On.nlm, clear Valentine, clear North Platte, clear.. Cheyenne, clear .... Salt Lake, cloudy.., Ilapid City, clear Huron, clear Wllllston, clear Chicago, clear St. Louis, clear fit. Paul, clear Davonport, clear .... Kansas City, clear.., Havre, clear Helena, clear ltlsmnrck, cloudy ... Galveston, clear .... 52 52 46 4t 59, 61 ft) ns 30 2S 46 ft 4 '66' 36 42 68 40 3i; 42 62 41 44 60 60 50 56 41 0 44 31 61 48 66 T Indicates truce Qf precipitation. ' ,l.i"!iWE1'SIi CONSTABLE T1MME IS SHOT GtM to Attach Praptttj and Btciirti Ponibiy Fatal Would, JOHN ROLFAS, CRIPPLE, FIRES THE SHIT Tliiinic 1 fin Id to Have Had Drawn t HI llevoler Whcn Itolfns Se'Ucd ah Old Shotgun nnd Fired, Constable Hans TJinmo was shot nnd dangerously wounded nt 11:30 yesterday by John Ilolfas, an aged German who lives alone with his wlfo lu a little throo room cottago at Thirteenth and Frederick streets. Tho Injured man hns been taken to tho Clarkson hospital, where nn opera tion was performed upon him yesterday aft ernoon. Hollas, who Is a cripple, Is In Jail. Tho shooting was witnessed by J. "T. Dixon, 1932 South Eighteenth strcot, and W. J. lleunott, 1903 Martha street. "It was about 11:30 o'clock," said Den nett, "that I heard' somebody quarreling with old man ltolfas, and I got around whero I could soo what was going on. I heard the old man say, 'Don't you como In fccro! You clear out and let mo- alone!' " 'I'm nn ofllcer,' tho other fellow said, 'and I've got an execution hero to serve on you.' " 'I don't ci.ro who you are or what you'vo got,' Holfas said. 'You can't como In here.' "Thon I saw tho man who said ho was an ofllcer drnw a pistol out of his hip pocket and point it at tho old man. Holfas' said, 'Put that gun down or I'll shoot youl' Ofllcer Had l'lntol In Hand. "Tho officer still held tho pistol In his hand, and with it pointed directly nt Ilolfas' faco advanced upon hlm till ho was standing with ono foot on tho doorstep. Ilolfas grabbed an old Bhotgun that was leaning against tho wall, leveled It j tho officer nnd fired. Tho ofllcer doubled up and fell to tho ground, whero he lay, rolling, groaning and shouting faintly for help. Old mau Ilolfas hobbled out td seo how badly ho was hurt. Then I .went to tho nearest telephono nnd notified tho pollco station." As soon ns word of tho shdqtlng was ro ccWed at tho pollco station Sergeant Wlten burg and Officer Gibbons wero sent out In tho patrol wagon. They found Tlmme suffering great pain, but conscious. -Ho eald ho had drawn his pistol on Ilolfas bo- cause the old man bad refused to permit lflra to servo a writ of execution which had been mado out by a justlco of tbo peace, and given to him for service. ' y HolfuA Under Arrest. Ilolfas was taken to tho station In tho patrol wagon and' tho ambulance wns sent out for Tlmme. Tho wounded man was taken to tho pollco station first, where Pollco Surgeon Dorglum examined his wound. It was found that tho chargo of shot bad torn Its way Into the abdomen, carrying with It a pair of spectacles which had been In Tlmmo's vest pocket. "fho wlro frnmo of tho "spectacles could be seen pro jecting from the wound. Dr. Ilorglum withdrew thorn, but was tinablo to remove tho fractured glass. Tim mo wao then taken to Clarkson hospital. Ilolfas says ho shot Tlmme In self defense. "Ho had been around thero both ering mo for two or threo days," ho said,, "and I was. getting afraid of him, ho acted so queer. Finally, when ho drew tho gun, on me I thought I had to shoot to save my own life, so lot him havo it." Ilolfas was alone In tho house at tho tlmo of the nhootlng, bis wife being out washing. Constable Tim tno has boon In trouble sev eral times before. A month ago ho drew his pistol on tho proprietor 'of Moore's restaurant and threatened to nssault the officer who Interfered in the Interests of peace Dr. J. E. Summors, who has chargo of tho patient, sold at 3 o'clock that he thought ho would' live, , Yesterday afternoon an operation was performed on Mr. Tlmmo by Dr. Summers nnd tho shot removed. ,At an early hour this morning the injured man was rratlng easily and tho chances for his recovery aro now favorable. MONEY STAYS IN THE BANK Former Wire ICrTnrtn to (let Joseph Iluuher' Cash Trove In effective. PLATTSMOUTH, Neb., Jan. 8. (Spo clal.) In district' court, beforo Judgo Paul Jessen, Dora Scott, through her attorney, Hon. John C. Watson of Nobrnskn City, sought to rocovor from a former husband, Joseph Hauber, the sum of $2,000, which is now In tho Farmers' bank In Nobraska City, nnd tho bnnk is restrained by Mrs. Scoti and others from paying ' ovor tho taonoy, tho bank seeking to dlssolvo tho Injunction. Tho court refused tho request for tbo reason thnt tho notico sorved by tho bank to dlssolvo tho injunction was defective. In tho case of Jones against tbo Duff Grain .company Judgo Jessen required thu plaintiff to remit from Its verdict of $1,250 tho sum of $500 and thon rendered a judg ment against thu dofendant for tho sum of $750 and costs. John C, Watson, attor ney for defendant, appealed tho caso to ,tho supremo court. In the caso of A, Stclnkamp against H, Gocbel tho defondant asked and was given leave to ro-flh4 his original answer to tho plaintiff's amended petition. In tho caije' of Cass county against W. S. Wlso nnd others causo was ordered shown by January 9 why salo should not be con firmed. In tho caso of Cass county 'against Otto Koss and others causo was ordered shown by January 9 why salo should not bo con firmed. In tho caso of tho First National bank of PJattsmouth against Francis Nt Gibson nnd others tho objection to tho Jurisdiction of tho court over dofendant Gibson) is, sustained, and tho plaintiff excepted. STRIKE ' A"f NEBRASKA' CITY Kmploye of 1'ackliiB; House Out Upon Ilefuaul of Their 'Demand, NERUASKA CITY, Jan. 8. (Spodlal Tel egram.) Tho Morton-Gregson packing houso Is closed down as a result' of a gen eral strlko of tho employes. Tho Butchers' union of Nebraska City demanded ah ad vanco In tho wages of the common laborers from $1.50 to $1.75 a day. Superintendent Burdlck refused to grant tho increase do mandod and at 1 o'clock this' afternoon tho men walked out. Second Vico President Jamleson of tho Amalgamated Butchers' and Meat Cutters' association lias been hero for a , week, ,and .It Is believed tho men acted upon his advlco. WILBER PRISONERS , ESCAPE I) Ik" Their Way Through the Jail Wall with an Iron Holt. WILnER, Neb., Jan. 8. (Sneclal.) Frank Thompson. Walter Dllllon and Charles Dennett escaped from tho Sallno county jail this morning about 1 o'clock, Thoy secured their liberty by digging tbxough tho walla 0! tbo Jail with an iron V is for Victory WOOL SOAP won, and yet its mission is only begun Use Swift's Pride Soap in the BROWNELL HALL. Reopens Jnnunry & Second term begins February 3. Instructors, collego grad uatcs. Principals' certificate? admits to collegu without exnmlnutlon. Excellent ad vantages In Music, Art, Modern Languages, Latin nnd Greek. Thorough work in grado nnd ncadcmlo branches. Special attention to physical development. Send for cntuloguo; Address, MISS MACHAI3, PRINCIPAL, OMAHA. HE THAT WORKS EASILY, WORKS SUCCESSFULLY." CLEAN HOUSE WITH SAPOLIO bolt which thoy broke from a motnl patch In tho Jail corridor. Tho sheriff did not knqw of tho cscapo until this morning, when ho nt onco sent for the FUlton blood hounds. Four dogs wero brought to Wit her and tho fugitives wero tracked to Do Witt. Tho police of all tho Biirroundtng towns nro looking for tho Jail breakers. Frank Thompson wns awaiting trial for robbing a Wllber storo last fall, nnd Wal ter Dltllon and Charles Dennett wero serv ing sentences for drunkenness. INJURED IN A WOLF HUNT Hoy Iteeelvea n Glance Shot in One of III Eye Dnrlnir Houndup. WAHOO, Neb., Jan. 8. (Special.) Tho big wolf drlvo that occurred In tho neigh borhood of Ithaca on Tuesday vas partici pated in by tho greater portion of tho in habitants of tho territory in which tho drlvo occurred. Tho round-up was In the neighborhood of Ithaca and resulted In the killing of two wolves, a third one breaking through tho lino nnd making his escape. Tho 10-yoar-o'Id son of H. K. Marcy re ceived' a glanco shot in ono of his eyes. It is thought tho eye will not bo perma nently injured. Lliiuor Dealer Meet nt Coluniliu. COLUMBUS, Nob., Jan. 8. (Special Tele gram.) Subject, to a. coll of tho president, James Novels of Albion, tho Nebraska Re tail Liquor Dealers' Protective association met in a special business session in Colum bus thin afternoon and evening. Tho pur pose, of tho meeting, was to modify and. amend articles of tho constitution nnd to fill a vacancy in tho board of directors. Upward of 200 members wero in Columbus todny, a number arriving yesterday, and nil parte of tho stato wero well represented. Tho meotlngs wero held In Macnncrchor hall, which was decorated, and tho liquor dealers of Columbus vied vlt ono' another In. showing tho visitors a warm welcome Up to a late hour tonight tho association was still In secret session and no action had been taken In tho matter of tho vacant directorship. Editor Fields of tho Protec tor was' In attendance, nnd tho rumor of his expected resignation , seems to havo no foundation. Lump Kxnloilen 111 Loilire Hull, WVMOIIE, Neb., Jan. 8. (Speciul.) At their regular meeting held In tho Ancient Order of United Workmen ball last night tho Modern Woodmen of America .Installed officers. After lodga had been dismissed and only n few members remained In tho hall, ono of the big lamps foil to tho floor and exploded. Tho carpet was badly dam aged and William Perrlo 'was sovorolv burned about tho faco whllo assisting In putting out tho fire. , Coluniliu I'rlent U TrniiMfrrred, COLUMBUS, Neb., Jnn. 8.-:(Spoclal.) Fathor Marcelllnus, tho priest In chargo of tho Columbus Catholic church during the lost six years, has been transferred to Qulncy, 111., the home of his children, for which pluco ho leaves this week, to bo succeeded at Columbus by Father Seraphim, who formerly served this congregation. Skull CritKhed In Fall. HA'RTINGTON, Nob,, Jnn. 8. (Special Tclogram.) Frank Stopoart, who lives seven miles north of Harllngton, fell from a load and crushed his skull this after noon. Ho died an hour Inter. Ho leaves a wlfo irtid two small children. Iloy Drown yiillc Skating. WYMOIIB," Neb., Jan. 8. Special.)- Whllo skating on tho Illuo river, Just abovo tbo dam In Dluo Springs, Monday night Edward Murtls, aged 10 years, Avas drowned. His homo was In Uliie Springs', whero ho leaves n widowed mother, . LIFE SAVED BY SWAMP-ROOT The (irewt Kidney, l.lver and Illnduct llemcily, Snninlo Ilottle Sent Free liy Mall. Swarap-Itoot, discovered by tho eminent kidney and bladder specialist, promptly cures klduoy, livor, gladder and uric acid troubles. - Soma of tin early symptoms of woaHLj kidneys nro pain or dull acho in tho back, rheumatism, dizziness, heodachu, nervous ness, cntarrh of tho bladder, gravel or cal-. cull, bloating, sallow comploxlon, puffy or dark circles under tho eyes, suppression of urine, or compelled to pass water often duy and night. Tho mild and extraordinary .effect of Dr. Kilmer's Swamp-Hoot Is soon realized. It stands tho highest for Its wonderful cures of the most distressing cases, 'if you need K medicine you should have the best. ' Swamp-Hoot, Is not recommended for everything, but If you havo kidney, liver, bladdor or urlo acid, troublo you will And It Just the remedy you need. Sold by druggists In Jlfty-cont and ono dollar sizes. You may havo a sample hot tlo of1 Dr. Kilmer's Swamp-Root and a pamphlet that tells all about it, Including many of tho thousands of Utters received from sufferers cured, both sent freo by mall. Write Dr. Kilmer & Co., ningham ton, N. Y., and please mention that ycf read this generous offer la Tho Omaha Morning P' ' Wqql Soap has Laundry, Her Needs There has been peat want for a perfectly pure nutrient stimu lant for the physical needs of woman, and It has been found In Hunter Baltimore Rye a It Is the standard by prescription tor the building up cf health. It has tin ' endorsement of - Leading Physicians. Sold at ll Arst-cUai ' tnd.br Jobber. WM. LAN AHAN A SON. Biltlfaoro, Sid. DOCTORING FREE A stafT of eminent physicians and eur. ccons from tho British Medical Institute have, at tho urgent solicitation of a largo number of patients under their caro In thla country, established a permanent branch ot tho Institute In this city, at Corner of lUlu and Fnrnam Street, Ilooin 4;jtJ li)u Uoard ot Trad llullilliic. These eminent gentlemen' have decided to give their services entirely freo for thte months (medicines excepted) to all invalid who call upon them fur treatment betwea now and Jumury 9. Tho object In pursuing this course Is to become rapidly' und personally acquainted with tho sick and allllcted, and under no, conditions will any churgo whatever be made for nny services rendered for three months to ull who call before January 9. Mulo dnd female weakness, catarrh am) catarrhal deafness, also rupture, goitre, cancer, nil skin diseases and alV diseases of the rectum are positively cured by their new treatment. Not in1 Nature for anyone to always feel tired. Tftere is no need to drag out nn existence without ambition. Weak nerves are responsible for lan guor, depreulou, debility and varico cele. Diseased nerves, whether due toover work, over-indulgence or any other cause, can be made stroug as steel by the use of They tone and Invigorate every organ of the body, soothe audwtrenRtheu the nerves nnd transform broken down men and women into strong, healthy, vigorous, ruddy-cheeked jwrsous. If you find this Isn't so, you gtt your money back. Jl.OOperlwx! flboxe (with guaran tee), $..00. Hook free. -..."" M1 "I a-san m i vuller Paaal M E.r.V.l ; Jimaha: D'n'? DrugorJ Bluff"! CrnUia. and Davla Drue Co"OouS3j CURE YOURSELF I Um Dig U for unnatural dlcIirfi,lniMimtloni, IrrlUtluci or ulcerations rImlc, (lnarariLa4 Dt t tulctar. I-mtmu Rouuttta. rainless, and nut aijla THttyAMCHtllftuOo. nt or poisonous. CINCINNATI, OfH y Dranula. .U.S.A. faaar -pr sam in pitm wraBBje. il.0. or 3 LortiTeV vj vapraci. DnnftlriBBl ir sal am taaaaa.!. SWAPS You havo something you don't want something somebody doos want. You want things olhors havo things thoy don't won. (lot togcthor. Mako an exchange. Our want columns will bo tho medium to accom plish it with dispatch. What do you want? What have you to offer In ex change? Wrlto out a brief oxchango ad and ecnt It to Tho Ileo. A sixteen-word want nd will coat you only 23 cents. Hotter do it now or you may forgot. 1 1 nun mm ktMtMM AAfcfcjjj.UXi,i,i , i tyartjaT