Nebraska Newspapers

    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