t G TIU3 OMAHA DAILY BEE: MONDAY tTAyiTATlY 20, 1002. HALL COUNTY BEET RAISERS ' !Th.lr Dnliaji with Faolir; Hiri Iiii tid An latiifacUrj. last year one of profit to them Ien Who Comr liiln Cloar Cnnlnct with Foriuem Toll of Exprcmiltitiii Which Slunr Trrncl of IV. I ln TiMTiircl Oxnnriln. ORAND ISLAND, Neb., Jan. 19. (Spe cial.) An arllcln appearing In the World Horald of yesterday, to tho effect that a beet grower' convention Is soon to bo held In that city, and that grlovancea against the Grand Island and Norfolk factor les wljl be brought out, Is being qulto freoly commented upon hero as being, In view of tho real facts, uncalled for, unfair and very probably to a largo degree untrue. It is believed to bo tho latter particularly In so far as tho arttclo refers to dlssatls faction In this city and county. The article charges that tho boot grow ers are complaining of unfair treatment by the officials and employes of tho fac tory In the matter of tho chemical tests of beets, and leaves tho Impression that there Is general complaint. Notwlthstand ing the fact that tho local factory has not boen operated tho last two years, qulto the contrary Appears to bo true It tho testi mony of tho men In the position to bear of complaint can bo relied upon. Ilnlar llccU for Norfolk. The bcot raisers In this vicinity raised nearly two-thirds of the beets for tho Nor folk factory this year. That Is to say, while the Norfolk factory was tho otio operated, nearly two-thirds of tho boots manufac tured Into Biigar In that plant wcro con tracted for tho Orand Island factory. Tho Norfolk factory lias a process for tho ex traction of a greater amount of sugar from syrups than Is possible here, and hence, there being not enough beets to run both, tho local beets nro shipped to that plant. This condition appears to bavo nrlsen from twp causps, dissatisfaction several years ago, resulting In the non-operation of this plant, and tho fact that without operating this plant the maximum acreage of beets cannot bo secured. Tho ono fault now found, locally, Is that tho raisers would prefer to seo tho beets ground In their own factory, and tho money dis tributed In the manufacture of tho beets romaln In their own county or vicinity. The American Dect Sugar company at this point docs business with tho Grand Island Hanking company and tho First Na tional bank. Tho cashiers of theso banks nre at their desks when the beet ralsors corao In to get their money. In both In stances tho desks are easily within bear ing distances of the tellers' windows. They are therefore able to asccrtnln, from tho romarks passed, as to whether tho checko are satisfactory or not. Kurint-rn Wrll IMensoil. "Yes," said Mr. Dell, when asked whether tn a position to say what Is tho feeling among tho farmers In general, "I think I. am. Men come to our bank to get their checks cashed, as In years gono by, and while thoro wcro formerly numerous com plaints, not only this year, but also last year, and to a great extent In 1899 thero was much better satisfaction. This year I have not heard a complaint. Quito to tho contrary, thero have been many expres sions of commendation of the factory, and of tho rosults of bent raising this year. Naturally enough wo hear complaints that the beets are not made Into sugar here, and this Is not only tho case among tho growers, but among tho business men. And I havo not tho loast doubt but that, If Mr. Oxnard would glvo assurance of tho opera tion of the local plant, ho could sccuro all tho beets necessary for a long run, as tho factory can moke. Not one complaint havo I heard about any tests. I understand tho next year's contract Is to be tho samo as this, and I believe tho farmers will be very highly pleased with It. Dy tho way, It's peculiar, Isn't It, that NebraBknns should try to havo the protection at Washington taken away and in tho samo breath advo cate a bounty to bo given by the stato?" IMnsntUfnetloii Dltinnnrnra. Cashlor C. F. Dentloy says: "The American Deet Sugar company keeps an account at our bank and pays tho far mers for their boots by chocks on us. When the farmers come tn with their chocks, I frequently tako tho opportunity to ask them what success they have had tn beet growing and how they aro pleased with tho results, A few yoars ago thero was somo dissatisfaction among the beot growors. The analysis of ono farmer'H boots would show a smaller per cent of sugar than his neighbors'! it would bo diffi cult for him to understand why his beets were not ns rich In sugar as his neighbors' and he would express his dissatisfaction with tho result. Ono year, when wo had rains lato In the fall, that caused a second growth of beot leaves, to tho detriment of tho sugar contents of tho beot, thero was considerable dissatisfaction, for the reason tbat thoro was Buoh a largo percentage of low grada beots that, under the existing contract, brought a very low price. This difficulty, however, could not occur at tho present tlmo, ns undor nioro recent con tracts tho minimum prlco is much higher than it was thon., Tho past year, howovcr, I havo not heard a'slngle complaint either about contract, weight, tore or analysis. It Is possible that .thoro may bo somo dis satisfaction, but If thero Is, I havo not heard of It, and I havo talked with a very large number of beet growers, and nil with whom I bavo talked seemed thoroughly sat isfied." Kxnrrlmoc of Wollimniilcr. Kll A. Darnes, for many years connectod with the State Agricultural society, has been welghmastor at the local beet yards for the past three years. Mr. Dames said, when questioned as to whether ho had beard of any complaints: - "Yes. I saw tho nrtlclo to which you refer today. I want to say that the state mfnts therein contained, reforrlng to dis satisfaction among the Grand Island beet raisers, Is absolutely false. I have, during tho season. Interviewed all the raisers bringing beets to the factory and weighing them over my scales, and positively know that such statements nre not correct. Tho Sugar trust lutplrlng these things? If such wero tho caso, they have no more right to Interest Ihemsolves In this matter 'than the missionaries of tbo cross have to es pouso the cause of tho Chinese Joss as against tho claims of Dudda. I weighed 1,476 loads of beets In 1900 and 2,275 In 1901, aud particularly In these two years have the beet raisers boen very well sntls fitd." Cattle In Good Condition. VALENTINE, Neb., Jan. 19. (Special.) Ranchmen from all parts of the county re port that stock has nover looked better at tbU time of tho year thilu now, So far their stock Is all thrifty and In good flesh. The open winter weather has been worth many thousand dollars to this county as It baa been favorable to the stock Industry. There has been no losses and feeding has been light, cattle having had tho advuntage of grating on tbo range which has been good. Heavy snows and severe cold weather would have reversed tbeso coudl ttavjRterlftlly. iy A FINDS CHINAMAN IN BAD FIX Olmtlnl nml 111 While Wife Itenciieil from the Mire by l'nRliir Ituncli ninn. ALLIANCE, Nob., Jan. 19. (Special.) John It. Iawrence happened along Just nt an opportune time, for tho Chinaman who recently married Mary R. Sheedy, a white woman. Mr. and Mrs. Chinaman hired a team at the Keclcr barn in this city, and also seemed to havo taken along a cargo of "hop" and whiskey. The country was new to them and along about 6 o'clock In the evening they at' tempted to drive across a lake bed on which a few Inches of water was standing. Thl had been undermined by muskrats, and horses and buggy sank Into tho mire, deeper and deeper an the hours dragged by, Early In tbe morning they woro discovered by Mr. Lawrence, tho woman In n semi unconscious stato and the Chinaman dc merited. In a few hours moro tho occupants and horses would have perished. Mr. Law renco secured n quantity of barbed wire, and after nbout a half dny's work, succeeded In pulling tho party and team out. No particular damngo resulted to tho outfit, but tho horses wero so exhausted that tbey had to bo kept at tho Krauso ranch to re gain strength beforo being brought to town. This particular Chlncso-Amerlcan alliance soems to bo fraught with somo events of moro or less grave Importance. SEEK TO ROB BANKER'S HOUSE Tito Marauders In Humboldt Arc Driven Anny for Son of V, W. Sainuelaon. IIUMnOLDT, Neb., Jan. 19. (Special.) An attempt was made to break into tho residence of F. W. Samuolson, president of tho First National bank, early this morn ing, but the plan wns frustrated by tho wakefulness of Edwin Satnuclson, a eon, who was slocptng in tho house Tho re mainder of tho family is In California, tho head of tho bouso hnvlng left but a tow days ago, and tho moBt probablo theory Is that somo local talent thinking that Ed win ncompanlcd his father, decided that It would bo a good time to pick up any stray valuoblcs that might bo bandy. According to Edwin's story, thoro woro two of tho visitors, and whon they woro discovered had gained entrance to a rear room and wcro trying to pry open a door which barred tho way. Edwin socured a rovoicr and demanded to know who was thoro, whoroupon tho prowlers took a hasty departure, Edwin following, closo enough to seo that thero wero two in tho party. Ho shot Into tho air to frighten tho fugi tives nnd then called tho nlghtwatch up by telephone nnd Informed him of the oc currence Nothing moro was seen of tho trespassors. Slntc Firemen'" Convention. NEDRASKA CITY, Neb., Jan. 19. (Spo- clal.) Tho twonty-flfth annual convention of tho Nebraska Stato Volunteer Firemen will bo hold hero January 21, 22 and 23. Arrangements aro being made by tho local firemen to entortaln tho visitors In good style. On Tuesday the recoptlon of tho delegates will occupy the morning and a business meeting will bo held in tho after noon. On Wednesday tho visitors will be shown tbo manufacturing plants and other points of Interest about the city, and In tho evening will bo entertained by a ball at tho armory and a play at tho Overland theater. Tho mooting will close with a banquet at tho armory Thursday night. For this latter event elaborate prepara tions aro under way. Heck to Mlnrt I'roulKnl Anew. SUPERIOR. Neb., Jan. 19. (Special.) Several days ago Tho Deo contained an ac count of tho arrest, at Superior of Harry Witt, charged with forgery. Tho para graph camo to tho notlco of Witt's father nt Syracuso, Neb., and wns tho first news bo had had of his missing son for over two years. The father and tho grand father of tho boy arrived here last night and are endeavoring to sccuro his release Thoy stato ho Is but 14, and had been In duced to run away from homo by a tramp farm hand, employed on tho senior Witt's place. They wish to tako htm homo and give him a now start. nmollne lltirna Humboldt Youth. HUMDOLDT, Nob., Jan. 19. (Special.) Todd Drake, a young man who works for Moss Davis of this city, attempted to dry his cap at the kltcbon stove last evening after washing tho headgear with gasollno and the result was an explosion, In which the young man was badly burned about tbe hands and face and the bouse barely saved from burning. The cap caught fire and was thrown within a few feet of a two-gallon can of tho gasollne..but for tunately that did not catch fire. Judge Manner' Address. PLATTSMOUTH, Neb., Jan. 19. (Special.) Judgo Gcorgo A. Magney of Omaha, for merly a resident of this county, dcllvcrod an Interesting address dn tho First Presby terian church this evening on "Money nnd Morals." Rov. Asa Slocth, pastor of the First Methodist Episcopal church, took for the subject of an ablo discourse this morn ing theso words: "In my Fathor's house aro many mansions; If It wero not bo, I would have told you. I go to preparo a placo for you." I'ulilld GntherliiK" Suspended. FARNAM, Neb., Jan. 19. (Special.) Tho following notlco was posted In conspicuous places In tho village yesterday: "On ac count of diphtheria near town, It Is re quested that as a preventative mcasuro tho churches, Sunday schools and lodges do not meet for tho next two weeks. Dy order of village trustees." Ono or two now cases havo developed In the past threo days, but no deaths. Holihery nt C'oliiinliim. COLUMDUS, Neb., Jan. 19. (Special Telegram.) P. J. Hart's clothing store was entered through n back window Inst night nnd a number of garments tnkon, tbe safe and cash drawer not being mo lested. No cluo to tbe burglars has been obtained. Itnllrnnd Man Hurts n Left. PLATTSMOUTH. Nob., Jan. 19. (Special.) While Horry L. Dcnsmore was working In the Durllngton yards yesterday ho squeerd his loft leg badly between a truck frame nnd wheel, which will necessitate his remaining at home for some time. EXAMINE DEPARTMENTS' ACTS Sennte Committee Will Mnkc Close In ventliintlnn of Second Clime Mnll Mnttera. WASHINGTON. Jan. 19. A decision has been reached by tbo senate committee on postofflces to begin the proposed Investiga tion on Tuesday, January 28, of the Post oftlco department's nets In relation to second-class mall matter. Senator Mason, chairman of tho committee, says It is th-J Intention to examine a nunibor of wit nesses. The senate committee on postotnees today authorized Senator Mason to report tho dim griming tie franking privilege to Mrs McKlnley. PREPARES FOR STATE FAIR Nsbinka Beard of Agrliilturt Aeptiti Gratifjlir; Pr.iptcti, GROUNDS AND BUILDINGS IMPROVED Ilotirrt W. I'lirnnw to Continue nn Hrp- retiiry New Iloitril of .MansKern tn lie Chosen Other State i MectliiK. (From a Stnft Correspondent.) LINCOLN, Jan. 19. (Special.) Tho State Doard of Agriculture will meet In this city next Tuesday to elect ofUccrs aud members for the board of managers, and to make preliminary arrangements for tho next stato fair, which will bo held during tho first week In September. Somo old accounts re main to bo settled, but It Is asserted au thoritatively that after all bills uro paid there will still bo a small cash balance on hand with which to begin tho work this year. Tomorrow afternoon tho board will probably meet Informally, but nil ofllelal buslncsj will bo held for the regulor an nual meeting, which takes place tho follow ing day. W. R. Mcllor of Loup City, member of tho board of managers, was In tbo city this afternoon, nnd several other members are expected tomorrow morning. Ho says tho prospects for tho next stato fair aro flatter ing and ho looks for not only a bigger at tendance, but a bigger display than last year. "This year wo will havo tho advantage of well-equipped grounds early In the sea son, so that wo will not bo dclnyed In our work by building or repairing, as we wero last year," Bald Mr. Mellor today. "Thero has been considerable improvement In tho grounds and buildings since tho last stato fair closed. All tho buildings hnvo been painted nnd tho general condition of things has otherwise been Improved. It Is my Im pression that thero will bo a small balance In tho treasury after nil accounts of tho last fair are paid. Ono or two claims ro maln to be considered, but they aro In significant In amount." It Is conceded that Robert W. Furuns of Drownvlllo will bo elected secretary of tho state board. Ho has served satisfac torily tn this position for many years past and there Is a unnnlraous disposition among tbo mcmbors of tho board to retain him In tho same capacity. In tho view of tho two-term precedent thero Is strong likeli hood tbat E. L. Vnnco of Pawneo City will be re-olcctcd president. An cntlro new board of managers will be chosen. Tho Nebraska Improved Livestock Drecd- ers' association nnd the Stato Poultry asso ciation will meet In Lincoln this week. Tho state poultry show, under tbo auspices of tho latter organization, will bo openod to tho public In tho Auditorium Tuesday morning. Tho fourth annual meeting of tho Asso ciation of Agricultural Students, University of Nebraska, will bo held Janunry 20 and 21. Tho first session will be held at the chapel, University hall, Monday evening at 8 p. m. Chancellor Andrews will speak briefly, after which tho annual address will bo delivered by ex-Governor William A. Poyntor. The meetings on Tuesday will bo at the university farm, experiment station build ing? At tho morning session papers by members of tho association will bo read and thero will bo an address by Hon. Hugh , Mcintosh of Omaha. In tbe afternoon tho business meeting of tho association will bo followed by reports on tbo experiments carried on In 1901, and tho mooting will closo with an address by Hon. M. F. Greeley of South Dakota. SHEEPMEN RESENT OIL WELLS Open Conflict In Expected Over the Surface Illirhtn In Wyo ming. CHEYENNE, Wye, Jan. 19. (Special.) Reports from tho southwestern part of the stato tell of strained relations between the sheepmen and oil men of the section, nnd It Is asserted that nn open conflict Is In evitable Surface rights are Involved nnd tho courts will bo called upon to Bottle tho difficulties, which promise to spread to every county in the state In which oil has been discovered, nnd In which sheop are grazed. The troublo will probably extend over Into Colorado and Utah, where tho samo conditions exist ns In this state. As tbe matter now stands tho contest will probably originate in Uinta county. Since tho discovery of oil near Piedmont last spring, practically all of tho government land In Uinta county has been taken up as oil land. The area covorcd Is 100x80 miles in slzo and has been tho summer range of thousands of sheep, that are now win tering in the Red Desert. When the flocks aro moved back In March and April, the oil men will bring action against tlielr owners for trespass. Such action will open tho question of surfaco rights on oil claims, and It may not bo settled this side of the United States supreme court. In tbo mcantlino there is bound to be serious troublo betweon the two Interests and open clashes will probably result. A few weeks ago otl men located a piece of ground In the Fossil district, that has boen used for many years by a prominent flock master as a dipping corral. Oil indications wero found thero and no sooner had tho filings been made, than tho flockmaster was notified that he must got out or pay a rental to tho oil men. Tho sheepman Is wealthy nnd proposes to fight tho caso out In tho courts. Tho conditions prevailing In Uinta county also obtain in Fremont, Natrona. Converse, Carbon, Sweetwater, Dig Horn, Crook and Weston counties. In all of theso oil wells nro being drilled nnd sheep aro being grazed In and around tho fields of operations. A few months ago the oil men of tbo Salt Crock fields, In Natrona county, sought to have a large tract of land several hun dred thousand acres In all held up from homestead entry, on th'o ground that they were more valuable for mineral than for agricultural purposes. Tbo petition was granted and tho large tract was segregated. A counter petition was soon after filed, however, und Assistant Commissioner W. A. Richards of the general land offlco was sent to personally Investigate tho situation. Tho official reported that tho segregation should stand, but stated that If the oil men did not carry out their promises of development, tho lands would be restored to entry. Tbo oil men assort that if thoy put down wells speculators file homestead entries on the land and this action retards develop ment. The declslou was in favor of tho oil men and their operations are now being closely watched by tho department. The question of surfaco rights Is probably ono of tho most Important matters that has been brought up In tho west for some time. Many believe that It overshadows the mucb-talked-of war botwecn tho sheop nnO cattlemen over a division of the ranges for grazing, nnd cortatn It Is that with the millions of sheep now being grazed In the Rocky Mountain states and the Increased activity In oil development, tho problem will grow moro Important nnd a decision must sooner or later bo made. Some of tho host lawyers hero bold that surfaco rights of tho locator of an oil placer are Incontestable, and that tho sheep owners must bo defeated in the courts, whllo others think It possible that the lrazero might Jiavo certain rights to rapnj as long ns they do not Intcrfero with the operations of tho oll-seekcrs. The Wyoming territory Involved In the controversy Is now plentifully sprinkled with woll-drllllng outfits, and tho discovery of a fow good wells would cause It to be overrun with oil miners nnd covered with machinery. CHARLES WOODWARD ELUSIVE Supposed Murderer of Sheriff Itleker Continue to Avoid Cnntnrc nn,d Ills Ilrnther Is Itclensed. CASPER, Wye, Jan. 19. (Special.) All efforts to capturo Charles Woodward, tho supposed murderer of Sheriff Rlckcr of Na trona county, havo thus far resulted In nothing. Tho murderer has been seen nt several aheep camps in Johnson county. but he Is on the move all tho time. Ono day last week Woodward stopped nt tho sheep camp of Tom McAffe, near Powder river nnd about nlno miles from Knycee, Ho was armed with two revolvers, ono of which wns probably taken from tho dead body of Sheriff Rlckcr, nnd n belt filled with 32-20 cartridges. Ho wanted to trade ono of tho pistols to McAffe for n Winchester rifle, tbo sheepman would not trade While at McAffce's camp Woodward stated that ho was looking for a cabin, In which to spend tbo winter. He nlso said that ho Intended to live In tho broken coun try. Ho was loaklug for horse thieves, ho said, and expected them to tako rcfugo In tho bad lands. Woodward appeared to bo very nervous. McAffe had not beard of tbo murder of Sheriff Rlcker at tho tlmo of tho visit of Woodward. Tho Jury has found that Harry Wood ward was not Implicated In tbo killing In any way and ho has been released. Harry was nt the McRae ranch on tho night of the murder. Frank Footo Is still at largo and not a fllnglo trace of him has been obtained. Clarcnco Woodward and Jeff Franklin, tho other two Jail breakers, bavo been held to tho district court on tho charge of grand larceny. Latest advices from tho north stnto that when last seen Charles Wood ward was headed for tho Montana lino Two posses wero In pursuit nnd It was re ported tbat tho outlaw could not escape TOM HORN'S FIGHT FOR LIFE .Slock Detective Aeeuned of Murder Will l'ut I'll SlroiiK I.ckiiI lint tie. CHEYENNE, Wye, Jan. 19. (Special.) Tho preliminary hearing of Tom Horn, tho stock detestlvo, who Is charged with tho murder of Wlllto Nickel, did not como oft yesterday afternoon, ns expected, but will bo held some day next week, probably next Wednesday. Horn's friends nro arranging to mnko a hard fight for hla ncqulttal. Five of tho best attorneys In Wyoming havo been engaged and others may bo called In to assist In tho defense Money seems to bo no object, and It is safo to say that tho trial, which will occur In tho Lar amlo county district court probably somo tlmo In May. will attract moro Interest than did tho cclcbrntcd Crocker murder trial n fow years ago. Tbo prosecution baa prepared Its caso and is ready to go ahead nt any time It Is said that a strong case has been made out against Horn, and in view of tho Imposing array of legal talent retained by Horn, tho cubo will bo ono of the hardest fought legal contests that has taken placo hero In many years. South nuknta l'outtrr Show. MITCHELL, S. D., Jan. 19. (Special.) Arrangements aro progressing In fine shapo for tho third' annual exhibition of tho South Dakota Poultry nnd Pet Stock association. The exhibition will bo held In Mitchell ngnln this year on Jnnuary 29, 30 nnd 31. Tho etato association Is tho outgrowth of n county poultry show which was started In Mitchell about six years ngo, until It took on a wldor range and tho number of en tries grow from 100 to COO and 600. Secre tary Dras states that tbe Indications for a larger exhibition than ever aro good. Tho applications for epaco aro coming In stead ily nnd ho thinks thero h no doubt tho entries will reach fully 700 this yoar. A suitable building has been secured In which to hold tho show, nnd exhibitors can bo as sured that their birds will bo woll taken caro of. Wheel nnd Ilunuern Alternnte, SPEARFISH, S. D., Jan. 19. (Special.) Hugh Johnston, who carries tho mall from Spearfleh to Dear Gulch, sixteen miles, has recourso to a novel method of travel. The first half of tho Journey Is mado with a buckboard, over a road that Is dry and dusty, and tho remainder of tho way he goes with a Eloign, tbo enow being too deep in tho mountains to permit tho uso of wheels. There has not been any snow In tbo valley since tho holidays, but In tho vicinity of Dear Gulch tho snow rarely dls appears from tho tlmo It begins to fly In the fall until early summer. That region, consequently, has mora snow than any other part of the Dlack Hills. CiirneKle Library for Mitchell. MITCHELL. S. D Jan. 19. (Special.) Mitchell has an opportunity to secure a donation of J 10,000 from Andrew Carneglo for tho erection of n public library building. Somo fow weeks ago tho matter was taken up with tho private secrotary of Mr. Car neglo, nnd n letter wns received by E. S. Johnston, editor of the Gazette, In which ho was notified that tho crcat benefactor was ready to mako Mitchell a present of $10,000 If a slto for tho building would bo donated nnd f 1,000 a year sot aside by the city for tho maintenance of tho library. Tho matter will bo presented to tho city council at Us noxt regular meeting. Itemly for the Retailers. SIOUX FALLS, S. D., Jan. 19. (Special.) All preparations havo boon completed for tho annual meeting of tho South Dakota Retail Merchants' association, to bo held In Sioux Falls Tuesday and Wodnesday (of this coming week. Among tho prominent men from outsldo tho stato who will be present will be Hon. P. G, Hanson of St. Paul, president of tho National Retail Grocors' association. On Tuesday ovcnlng tbo visitors will be tendored a banquet, which will be unique In that the provisions for it will bo furnished by various whole sale houses, which will send tho best of tholr goods. Illitiiit-Ji Lrirlnliitore for Poor Oil. PIERRE, S. D., Jan. 19. (Special.) Oil Inspector Emll Drauch haa fllod bis re port with tho governor and at tbe samo time turned into tho stato troasury $1, 157.18, which ho has collected in excess of salaries' nnd expenses of himself and deputies. The amount turned In for last year was $229.74. The Inspector takes ad vantage of the opportunity to answer tho many criticisms which havo boon aimed nt him for tho poor quality of the oil fur nished In tho Btate and lays tbe blamo on the legislature for such a Btato of affairs. (rent Advance In Farm Land, SIOUX FALLS, S. D., Jan. 19. (Special,) The experience of John Zlnk, a farmer living near Ramona, shows tbo great ad vance In tho price of South Dakota farm land during the past yoar. Less than a year ago Zlnk purchased what Is known as tho William Dykens section of land near Ramona, for which he paid 116,000. The other day he sold tho fitO acres for $21,000, making $8,000 by tho increase in the value of the land alone In addition, he last season raised, a profltoblo crop, on tbo tract. VICTIM OF BRUTAL ASSASSINS Arid Un ii ljuod Dni in lit 0 1 Ittrt. MURDERERS FIRST ATTEMPT R0IBERY Killed Their I'rey, Evidently, In Vnln Kndenvnr to 'secure Val uable ThroiIKh HI Un forced Aid, ROCHESTER, Jan, 19. Dela A. Drown aged 65, n prominent denier In diamonds nnd manufacturer of Jewelry, was found murdorcd In his storo hero tonight. HI legs wero tied together nnd ho was gagged with n long red neck scarf. At the back o tho head wns n holo extending Into the brain and there wcro several gashes In tho sralp, evidently made with n hammer found near the body smeared with blood and white hairs from tho head of tho victim. Tho murdered man's head was covered with blood nnd a pool of It formed on top of n small chest of drawers over which tho head lay. All nbout wero evidences of a de termined struggle, but a thorough search failed to discover any positive clow as to the Identity of the murdorer or murderers, From tho position of tho body In front of a safo tho conclusion was reached by the pollco that tho murderers had placed Mr, Drown beforo tho safo, which was locked and which contained thousands of dollars worth of diamonds nnd Jewelry, and tried to forco him to work tho combination for them. His right hand wan covered with blood, indicating that ho had raised it to his head whon ho was struck and tried to ward off tho other blows which followed Tho murderers,, secured nothing of value except, perhaps, a diamond stud which Mr, Drown woro and which Is missing. VOUCHES FOR DR. G00DMANS0N Kdltor nrntnu of Wchxtcr Ileelnre He I it Worthy Citizen of South Dnkoln, WEDSTER, S. D Jnn. 19. To tho Editor of Tho Dee: Tho peoplo of this city were very much surprised to rend In tho press dispatches a telegram from Tacoma relloct- lng on tho character and godd name of Dr, J. S. Goodmanson. Tho doctor hns been a resident of this city for over threo years, Dack about seven or eight years ago Dr. Goodmanson wns unfortunnto enough to loo his first wlfo In Nebraska nnd her rel atives had him prosecuted on a murder charge, but a Jury brought In a verdict of not guilty. SInco tholr rcsldenco In this city both Mr, and Mrs. Goodmanson havo moved In tho best of society nnd are considered nmong our very best peoplo by nil. Wo all very much condemn this attack upon their good name nnd character nnd earnestly dnlro that a retraction be published as widely as possible. Dr. Goodmanson, both professionally and socially, la well liked and respected hero, and any report to tho contrary Is absolutely witnout foundation. The Washington dlspntch sent hero was as follows: "When nnd wbero did Dr. Goodmanson move to Washington, and what Is thero to tho lynching story 7" Tho re ply was: "Dr. Goodmanson was never In tho etato and knows nothing nbout lynch ing." Dy "stato" iwas meant stnto of Washington. H. F. DENTON, Editor Reporter and Farmer. Mllltln Company Sworn In. HURON. S. D.. Jan. 1!). fRnnnlnl Captain Hcndrlckue, under commission of Adjutant General Conklln, was here, and n militia compuny was sworn In, with' the following officers and members: Captain. M. E. Walton; llrst lleutonnnt, Color Campbell; second lloutennnt, William Uccker; enlisted men. Lewis Mc.nnnnlii. n. W. Corloy. William E. Gllllsnln. .Tnhn Johnson, Don H. Tolmlo, H. N. Howard, R. M. Cooley, Clinton D. Joy, M. A. King, R. W. Flower, Harry Thoman, Snmuol E. Deddo, Earl P. Johnson, Georgo Edwlnson, Arthur Phillips, J. T. Squires, Sid Wood worth. O. L. Stroun. R. G. Stroun. tlnl.nrt A. Denning, James T. Dodlow, Harry C. Lampe, G. N. Raush, D. R. Snedlgar, Sam Snedlgnr, Leon L. Gllkoy, Ed Danks, S. C. Trutuc, Harry Hcnlon, Cliff O. Joy. Demand Iletter Itnllrnnd Kncllltlen. SIOUX FALLS, S. D., Jan. 19. (Special.) Secrotary Stanley of tho Stato Doard of Railroad Commissioners has received a protest from tho citizens of tho town of Doogo against tho treatment accorded tho peoplo of tho placo by tho Great Northern railroad. Some tlmo ago the citizens asked tho railroad company to furnish the town with a depot nnd station agent. The com pany agreed, It Is alleged, to furnish both, but neither has been furnished up to tho present time It Is probable that tho rail road commissioners will set u dato for a hearing In order that tho matter may be adjusted. Conatltutlonnllty nf Dentnl l.nw. SIOUX FALLS, S. D Jnn. 19. (Special.) Tho constitutionality of tho law passed hy tho last legislature, compelling den tists to pay an annual licenso of' $2 on July 1 of each year, Is to bo tested In tho courts. Thero nro now over 200 practicing dentists in South Dakota, and n number of thorn havo not compiled with the new aw In regard to paying licenses. To test tho legality of tho law tho Stato Dontal association has decldod to Inatltuto pro ceedings against theso delinquents, among them Doing six Sioux Falls dentists, who wilt bo tho first ones to bo prosecuted. Fracture a Hip. WHEATLAND, Wyo., Jnn. 19. (Spoclnl.) John Uradley recolved a broken hln hv falling from n load of hny near tho Mullln ranch, ono day this week. Dradley laid In tho road for sevoral hourso beforo ho was discovered. COURT 0RDERJRINGS DREAD Injunction Co in mil ml I iik Muapcimlon of Work Mny Produce Want Aiuouir Kmplnyc. DUCKTOWN, Tenn., Jnn. 19. Another Injunction haa been granted against the Duckton Sulphus Copper and Iron com pany and tho Tcnnessco Copper company on account of smoke and fumes tbat aro emitted from tholr plants. It Is said that tbo piesldont of tho Tennesseo copper plant nas notified Randolph Adams, gen eral managor of tho company here, that tho Injunction was served urlon him and ho Is to shut down tho entlro works and mines and pay off and dlschargo every man. This would bo a terrible calamity upon the peoplo of Ducktown. It would bo a repetition of the days of 1867, when tho Union Consolidated Mining company sus pended operations. Tho samo conditions exist now as then, hundreds of families, being too poor to secure transportation from Ducktown, nnd they woro forced to walk away with tholr wives nnd children, carrying as much of tholr personal effects as posstblo upon their persons. Murderer ConfmaeN nnd nenpcM. WORCESTER. MnsH.. Jnn. lO.-Samnsnn HeaveniH. 83 years old, living on the rood from Rutland to Princeton, was killed to night at his homo by Urn Hapgooi). who bad bcon employed fey, rim on thu fara. Hnncood nttneked Senvcrns In bed with nn nx, shot him with a revolver, and Inter confessed his crime to a (hummer of the uctiu man m tno house Ho then csenped SUPREME COURT SYLLABI. No. !:. Soli:, Schwnb & Co. n gainst jiucKiicn. apix'ui irom Lancaster. Jtuig ment. Hastings, c. Division No. 1. He ported. 1. Where circumstances show clenrlv that notwithstanding defcudnnt'H assertions of goon nimi no wiui nt least guilty of cul pable negligence and was so placing his property as to hinder nnd delay the col ec Hon of bis debts, under circumstances showing that by the exercise of any ordi nary care be must bavo known this would be the result, tho transaction will not bo unncid wnen mo other party participates In the fraud. 1, Lvldcnce examined mid liM.1 in lnu, nt lenst enough facts within defendant's knowledge so thnt good fnltli toward his creditors demanded that ho make so much Investigation as would have shown tho worthlessness of tho consideration ho was receiving ror ins property. 'i. Where It nntiears clenrlv from thn ror ord thnt defendant Is Insolvent nnd that execution have been returned iiL'iiliiNt him iinsatlstled, tho fact that no execution has neon iseueu on u judgment win not prevent an Intervennr trom recovering upon it when conveyance Is set nsldo In nrlnclnul I. Fraudulent c run tees who Imvn ,11a ItOMpd nf tlin nrritiortv rnfivf.il In tl,.... nre vhnrKciililo uh trustees on behalf of thn grantor h creditors. Mi. vssi. Hartford Fire Insur.inre Com winy ngnlnst Ltiudfore. Krror from Doug- ns. Wurmen. aougwicK, m. division No, I. Reported, 1. In an notion upon n policy of lire In. Biirnnco, If the answer ptends a farfelturo nf tbo policy hy breaches of Its comllllnnH against Incumbrances existing at tho dato oi inu policy, wn en uro sot out in fun In tho HliBwer, u reply which nlleges "thnt ino dcrcnuant wns at nil times In tho peti- iiou una answer named ruiiy nuviscd ot tho factH set out In tlin answer nn tn tlin Incumbrances on the property so far nn tho sumo are in saiu unswer truly alleged" is a stllllclent plea of waiver of mich incum brances ns against objection thereto tlrst made In this court. 2. An agent cannot by oral contract with tho Insured walvo tho express terms of tho policy of Inxurnnra when the policy pro vince nun - no oincer, ngem or representa tive of the comtmnv shall bo lipid tn lmve wnlved any of the terms nnd conditions of HUH Policy illness sucli waiver slum lie en. dorsed hereon In writing," but tho company may vy us cunuuci waive u rorreiiuro wnen it nas notice or the breach of condi tion upon which mich forfeiture Is baseU, nnd notlco to tho agent Is notlco to the company. Such waiver need not bo In wriiitn;. 3. Forfeiture of a nollcv of Instirnnre Is waived wnen tno insurer, being informed of me facts on winch forfeiture is based, thereafter contlnucH to treat the contract uh binding, and Indticcn tho Insured to net in that belief. I. The allegation of nn Incumbrance on the property in an answer in nn action on a lire Insurance policy Is not admitted by the allegation In reply that "the defendant wuh at ull times In suld petition and answer named fully advised of tho facts set out In t lie answer as to tne incumbrances on xnni property, so far as tho samo arc In said answer truly alleged," nnd thero being also n gcnerui iicniai in tno reply, tne burden Ik upon defendant to nrovo the existence of sueh Incumbrances. C. The provision In n policy of lire Insur ance that the "loss Ih payable sixty days nfter duo notlco and satisfactory proofs of the samo nro nindu by the nnsurcd nnd re ceived nt their olllco In Chicago" Is waived by such action or tun company as waives proof of loss, nnd In such case Interest should bo computed from tho dato of tho loss. HOSl. Anselmo against American Having nnd Loan Association. Appeal from Platte. Reversed, with Instructions. Day. C. divi sion No. 1. Reported. 1. where a building and loan nssoclntlon Is Insolvent nnd unnblo to perform Its con tracts with Its members nnd a receiver Is nppolntcd to wind up Its nffnlrs, It Is en titled to recover from n, borrowing member tho amount of money actually loaned with Interest thereon from dato at tho lcgnl rate, less tho amount paid by tho member ns Interest nnd premium, with Interest from mo date or tno several, payments, sucn borrower Is not entitled to credit uiion his loan for money paid Into tho association ns dues upon tho stock. No. 10413. Schernr ngulnst Prudential In- Hiiranee Company. Error from Douglas. Atllrmed. Duy, C. Division No. 1. Re ported. l. it is wunin tno discretion ot tno trim ourt to permit a defendant to amend his answer and error cannot be predicated upon It unless an abuse of discretion Is shown and prejudice resulting therefrom. A mn.lltlnn liif n llr IriMimmrn nnllev that If within threo years from tho dato of tho policy tho Insured should die by sui cide, salio or Insane the liability of tho company should bo limited to tho amount of the premiums paid, Is valid, und It Is no answer to such n stipulation that the In sured was Insuuo and unconscious of tho moral and physical consequences of thu net which caused death. 3. Evidence examined and held not to constitute a waiver of forfeiture in tho policy. No. 1052B. Johnson against Sherman County irrigation Company. Appeal from Hiierman. neverseii. Hustings, v.. uivisiun No. 1. Reported. 1. Where a mill Is erected nnd a water- power obtained by the nld nnd oo-operatlon or adjoining innuowners, any rigni oc llowugo over their premises of wuter for tho mill arranged for or contemplated by the owners, ns subscribers toward Its con struction, becomes uppurteimnt to the mm. 2. A subsequent uso for less tnan len years of real estate tor nowago or waier by gradual encroachment without agree ment with tho owner nnd without com iwMiH.it Inn tn them, and not contemplated nt tbo ttmu of the subscription, will not create un interest m me rem csinio so llowed nor establish nn Irrevocable licenso to bo use It. .... 3. Only a right to enjoy ino privilege nnu no fee title nor right to exclude the owner i can. In any case, bo estaunsncd oy mere user of a privilege of llownge No. 10574. Kingman & Co. against Davis. Error from Lincoln. Atllrmed. Pound, C. Division No. 2. Reported. 1. The supremo court cannot review tho rulings of n county court directly, but can only review tho Judgment of a district court rendered on error or appeal there from. Hence, where demurrers to each of sovnrnl cnuses of notion In a petition were sustained In county court and such Judg ment was nlllrmed on error In tho district court, quaere, whether a petition In error In this court alleging error In tho sustain ing of said demurrers presents anything for roviow. 2. I'arol acceptance oi an oner in writ ing does not give rlso to nn agreement or contract In writing within tho purview of section 11, Codo of Civil I'roeodure 3. If a written order for goods and mer chandise makes no mention of price or terms and contains no promise of pay ment, It does not become n promise In writing within the meaning of snld sec tion when llio order Is tilled. 4. nvi.ii thmiizh such order specifics prleo and terms and contains a promise of pay ment, If It Is not lllled as made a partial ac ceptance or neceptunco varying us terms consiuuies a new ouur, mm iiiinnnii being created by receipt nnd retention of tho goodB delivered tho order does not con Hiltiitn a nrnmlsa In writing within the meaning of snld section. . No. ha Dakota County ngulust Chi cago, St. Paul, Minneapolis St. Omaha Rail road Company. Error from Dakota. Af llrmed. Norvnl, C. J. 1. Taxes levied In excess of tho constitu tional limit aro for an lllegat and unau thorized purnoso nnd aro void. 2. Ono paying laxes in excess m wiu cmi niMiimini limit mnv recover such excess In an action at law, iilliuiugn sucn taxes ero pni pmu unin inijni. No. lOfiS'J. ICelloy against Nelm. Error from Gage. AHlrmcd. Norvnl, y. J. 1. A real estate tax Is not the personal obligation of the landowner. Tho renl es tate alnno is llnblo for Its payment. 2; A deficiency Judgment entered ngnlnst the landowner In a suit to foreclose a tax lion Is void. , m 3 A prayer mr kitihuui itnih in ruiu i,.nt tn iiiitbnrlzn any Judgment to which the nnrly Is entitled, under tho pleiidlngs and evidence ..... . , I. A judgment will not bo reversed merely bepaiiBo the court gave a wrong reason for the rendition thereof. 6. Krror which Is not prejudicial to tho party complnlnlng will not work a reversal r n cause. No. 10727. Now Hnmpshlro Savings Hank ngnlnst Dlllrunce. Appeal from Douglas. Atllrmed. Norval, C. J. 1. Tho preponderance or evidence is not etcrinlned alono by tho greater number witnesses wno lemny in nivur in n party. . . 2. Tbe rinding of the trial court upon conflicting eyldenre thnt nn appraisement f real property lor judicial sine wns rair 111 ordinarily b susiiuncu on review. 107S9. Salisbury ngnlnst Murphy. Anpel from Lincoln. Affirmed. Norvnl. C. J. 1. nusuiinil is a treennuier wno lives th his wiro on land of winch sho has the title, when occupied by them Jointly a homestead. A decree of foreclosure Is sufllclent au thority to make tho snlo thereunder with out a formal order of sale. 3. A sale of lands under a decree of fore closure will not bo Invalidated by reoeon f n manifest error n giving the meridian number, when the remainder of tho de scription ns to the locution of tho property after rejecting that which Is erroneoun, Is sufficiently definite and certain to enablo Uio. land to bq located, . DECIDED UPLIFT IS. FELT ltrDf Admctootit li Appoint tn LeitWn luck Ixchugi. PROSPtCTS FOR CONTINUED PR0GRES fence Itumuin finm Muitli Africa Alii In KimliiK the .Hom y Mur. ket nnd lleducliiK Hunk Mote. LONDON, Jan. 19.-Tho feeling on tho stock exchange nt tho closo of the bin .cl.iivn8 ,ll,clJ,,ly happy. Whether or not this was merely Uio upward ernl of tno financial see-Haw Is hard to sny, but nJr.7" 8i,mo "''expected discouraging news arrives from south Africa, there Is a good prospect for a continued upward movement. ,7,u.!lcI n.'.lH .ht:S'n c.a"y. n'"' ,ll!r ' every llm1 ''ct t,1,at ,tl"5 J."1"1' r'ito of discount will bo reduced to 3'a tier cent dlirlmr tho nex fortnight. TlilsV-ductloii Is remlerHl iikuI In view of thn large government ,rftlm.Wchil." "My In Alari h -in !r"' U 'Vll!": l'robablo (hat there will bo a Russian loan In Purls In the spring nnd naturally tho Dank of VhVg. land Will eliil.vivnr lii Blr.,.ii,.... li. ... atJ,lm1t,mey ,H"'ltlu" ,m ,mleh ,,s l''blo n .iii?,0'!'?? "'""""I which were circulated eMewheW. have helped the boo n. " but t e latest lioor statements emanating from cont neiit liidlca o that these rumors "vero Btock cicl,BS.rKV:,y IOr U' b0,,,lt 0t 1,10 Trunks were firmer. South Americas Ken. tir, .,.nJI'ro ' ""' w.u." exception of I'ruirunv mm 4. tvlilni, ... ... improved polltlc il outlook. '.Spanish 4 wero . V , ,u 1 " V l,0H rcl11 'fed ill sympathy with tho break In copper. livi-iyiioiiy appears to expect nn limned ate resumption of rn,rii 1.. u 1. Africa with the closo of the wnr. and an Immense gold output. Theso of conserva tive opinion, however nnr Mint , ....... oral laying down of nrms for somo lime to come Is not likely and tbat the long de ferred Pence, with Its accompanying pros perlty, Is likely to havo to await tho slow process of attrition. SiiKnr .Mnrkct. NEW YORK. Jnti. lS.-.SttriAi!n,il..f n, iv-". . 4" uioiiisses nnd syrup arriving affected by the frost. .(... ..1.. 1Af..M ... . . ' NHW YOIlIf. Jnn. IS ITn a tt... weak: fair refining. 2T(.o; centrifugal. ) lasses, steady; New Orleans, 'open 'iei good to choice, .TO42C. LONDON. Jnn. 18.-HKHT SLaAR-Jnnu. ary, 6s 6;l. ColTee .llnrket. NUW YOIlIf. Jan. is r"ni,'t,'i,pi!ni Rio. nulut: No. 7 Invoice. mii.i Cordova. "Mille Futures opened steady, with prices unchanged in 5 points lower. At tho closo tho market was oulet, with prices net 6 points lower. Tnint uninu ......... 13.J..0 bags, Including: February, Uc; March. f DJ,"y' fi-WS June 0.3.1c; July, ii.i5in S-KJ s,r,!"ember. 6.55C.ttc: December, ti.73ii 0.80c. Tho market for spot coffee was dull and barely steady, with prices on tho basis of fi?c for Invoice lots of No. 7 HIo. IMilliidclpliln Produce 3lurket. PHILADELPHIA. Jan. 1S.HIITTKK Steady; fancy western creumcry, 21c; fancy nearby prints, -'7c. KOOS Unsettled and So lower; fresh nearby. 25c; fresh western, 25c; fresh south western. 25c: fresh southern. 2Jc. CHKESI2 Quiet but firm; New York full creams, funcy smnll tuiiuy Miinn. ieii:; rsew vork full creams, fair to choice, S'Ollc, Ilry (ioodN .MurKel. NEW YORIC. Jan. IS.-j-nilY r,iinn4 General conditions wero without change In tho cotton goods market. Tho demand continues moderate nnd prices nro main tained, Print cloth yarn goods are In fair demand, but dlfllcult to buy for delivery this sldo of March. American cotton yarns n iiur rciuiiu nun generally nrin; worsted urns nrm nnu women yarns steady. JOBBERS & MANUFACTURERS OF OMAHA, DRY GOODS AND NOTIONS. CARSON PIRIE SCOTT & CO WHOLESALE DRY GOODS, CHICAGO. E. L.HICKS, General Salesman. OMAHA SALESROOM, lfiOR Fnrnam Street. J. E.HOWE, Resident Salesman. MACHINERY AND FOUNDRY. Davis & Cowgill Iron Works. MANUFACTURERS AND JOBBBM OF MACHINERT. OBNEItAXi REPAIRING A tPaCIAUn IRON AND BRADS FOUNDERS. 1M1, 1B03 mm loot JmUmb ItrMt, OMnho. Nek. Tal. BM. EabrUkla. Atnt, J. . CrwtfU, Hg friANE CO. Manufacturers and Jobbers of Steam and Water Supplies Of All Kinds. 1014 and 1010 DOUGLAS ST. ELECTRICAL SUPPLIES. Uestern Electrical vv Company Electrical Supplies. Msctrlo Wiring Dells ud Ou Lljbtlaf. Q. W. JOHNSTON, Mgr. 1510 . Howard Hl AWNINGS AND TENTS. Omaha Tent and Awning Co., Oninlin, Neb. ManufaQiurura of Tents and Canvas Goods. Send for Catalogue Number 23 GASOLINE EN INES. ((QLDSMOBILE" Olds Gasoline Gnffine, Olds Gasoline Engine Works, 1114 Farnum St.. Onmlm. Telephone lOitD. Boyd Commission Co. Successors to James E. Boyd L. Co., OMAHA, NEB. COMMISSION GRAIN, IMIOV1NIO.VS AND HTOCKB. Board ( Trade Dalldlaw, Direct wire to Chicago and New Tork 1 T.i n :in,rn,""!,.'.y,'K' "eiue centrir JlS'n' i-7',33r? centrifugal granulated, 3H 5r3 11-lbci white, 3 11-lCc; yellow. S7M3 M-lBo: seconds. m,3c. Molnc steady open kettle. i"5e: centr Ifinmi. Mir,n . i..:"v. "-'"'.'T? C"i;r' -c- "Mined, steady: No. fi. 4.10c; No, 7. 4o; No. S ,TH)c: No. 9. 3.5c; No. 10, 3o0; No. 11, 3.7fo:'No' 'a2' 3;: No' J3' ?,-65c! ''" H 3 Wic! Klundard A, 4.4.ric: cmfeelloncrs' A. 4.4.".c: mould a. Be: cut loaf, 5.15c; crushed, 5.15o; powdered 4.,5c! ernnuhttcfl. 4 Tw'.n mil.., a i nn if.. J-