8 NEWS OF INTEREST FROM COUNCIL 'jii.Non MB.yrio.. tr Davis trolls drugs. Stockcrt Bolls cnrpetB and rilRn. Mctz bocr At Ncumaycr'B hotel. Drs. Green, odlcc 303 Sapp block. "Wollman, scientific optician, 400 H'way. Dr. Stephenson. Haldwln block. Elevator. MlrB, lluttlo Slcud Is visiting In Des WJudBb Thornoll adjourned district court yoslcrdiy to Monday. Mrs. B. II. Culler of Hnrlan. la.. Is guest of Mrs. it. II. Nichols of Glen avenue. 20 per cent dlicount Mile. beginning today, cr E. .Alexander & Co., 333 llroudwuy. Missouri oak body wood. 60 cord. Wil liam Welch, 23 N. Main Btrcet. Tel. 128. Tho Council IlluffB Ministerial nsi-ocla- tlon will meet Monday nr1nVB.aimnpr Trinity Methodist church and elect officers. Mrs. W. It. Dudley of l'rescott, .ta.. has been called hero by the serious Illness of lmr mother, Mrs. J. M. Chalfon, 1S02 South Eighth street. Tho adjourned meeting of the Pot nwut tamlo County Bar association, will bo in morning in tho aouth courtroom at. tho county courthouse. A. A. Kdson hns been called to Seneca. Wo., by the denth of h's father, Allen Edson. Another son. U I. Kdson. Is also a resident of this city. Thn rmintv Holiness association win Jinvc an i "any meeting January 31 at the Iowa Holiness association mlsBlon on Main Btrcet and First avenue. ,.;,,. Miss I-iuni Kllcklngor of this city has been nppoliitod clerk of the, sennto com mlttea "bn congressional districts., of which Senator Hazelton Is chairman. Mrs. Maud Wntson of Co crldgo, Neb.. Is truest of her grundparcntB. Hov. ana Mr Henry I)"ung. She "III leave oUwr for a visit with her aunt, Mrs. A. McLlrath, In St. Paul. , , . Chester Kcbert. charged with the thert nt a S3 bill from Jessie Havens, was rc fensei ye" cr lay on his rerognlznnro and Ids hearing continued In police court until this morning. .. 1). M. Hlpe, n guard nt tho Fort Mud'" penitentiary.' and his wire, who nro re tnrnlnc from a three weeks vacation in Dcnv and other Colorado 1'o ntH. wcr In Council Illuffs yesterday, visiting friends. The "Hans Hanson" company w II bo at the Dohany theater tomorrow n ?' "'J aid that tho company ;1B no ordlnnri one End both tlm play and" p ayers arc otnod In tho production of oho of tho most charming stories ever written. Newell K. Wrchnrd brought suit In the district court yesterday tor a divorce from Onico Hlrchanl. whom he married In th s city December 23, 1KIS. He complains that Shcylrted him August . 1W9, , and that ho has not teen or heard Of her Blnce.. U. S. Grant company. No. 41. lnlform Tank. Knights of l'ythlns, will meet to night. Captain Ifrrderlck has been ofll rliVllv notified thutiCo onel Charles Frnes, and stuff will bo lit Counfll Uluffs Febru Sry 19 to Inspect, tho uniform rank of this city. Mlsn Knlhorlne Wnrner. who Us attend ing the conservatory of music; nt Tabor iT . thn' llnfmnnn recital frThu?toht: Misses Jessie Tarsons, Winifred "Wherry mA i ? ''Yi West, fellow fltudtuits, accompanied her and were her guests while' In thlB city. 8. 1. McCormlck of Tabor; la., has In; llmated to Mnnngcr Kisser Of the Citizens Gas and Klectrlc compa.ny, that h will Uo- " , ,in,.. r.ii' the ilpatll of Ills son. m uiu u..,..t. " r r. - ,, i, o-n while at work on the top of tho light tower at Twelfth avenue and Sixth street. MrB. Oabrllla Pratt, aged years, died Thursday evening at her homo In Crescent. Bhe waB tho widow of Charles K Pratt, who dlol October 23. Death was duo to tho Infirmities of old nge. Four sons nnd four daughters survive her. Tho fttnenil will be this morning at U from the Uittrr Day Saints' church In Crescent. Ilov. D. It Chambers will conduct the services and mirlnl will bo in the Crescent cemetery. Mnrr'InKn l.lcenscs. These marriage licenses wcro Issued yes terday: Name nnd nctldence. . Age. Ocorgo E. Btaboll, I a r. Neb , Margaretta liuhn. lllalr, Neb...., jV John W. Stone. Carson. Ia...... - Elcunor E. Ives, Macedonia, la " Ileal Estnte TrnnBlcrB. Theso transfers woro filed yesterday In the abstract, title and loan office of J. W. Squire, 101 "Pearl Btrcet: Chicago, Kock Island & Pnclllo noil way company to James P. Alex ander, lol ls, block 13, Town of Car- r Bon, w. d .'".."'.'i." t Lewis H. Eldredse and wlfp to p. J. Day. UndlvH of nWW bw4 swi4 12- 74-44 w d 'w Emma K. Cory and husband to Coun cil itiutTa Suvlnirs bank, lots 3 4 und B, Turlov's silbdlv. of outlot 7, Jackson's nofd., vv. d;""'"v,'.;niV J. C. Marxen and wlfo to A lllam Niemann, part of block 4G, Allen, &, Cook'B hdd.. Avoca, w. il............ V. J. Doy und wlfo to Newell Mc George, lot 4, block 27, Hums add., Edward w'.' Nash and' Guy C." "arton, trustees, to Willis Scott, lot 6, block S9. Bayllss & Palmer's add., w. d.. 2.1C2 B75 CO 150 U. II. Whlto and wife to Jorgen Peterson'. undlvH nw bwV; 12-74-14, w d i,0 Jorken Peterson and wife to Stephen D? Davis, nwU swVi 12-74-14. w.. d.... 4.SO0 D. J. Hockwell nnd wlfo to Jorgen PeterBon, undlv',4 nwVi swVi 12-74-41 w d..." 1.950 Executors of A. Cochran to U A. Casper, part of lot 3, block fl. Coch ran's aau,, ex. u Richard K. Turner to Margaret Ij. McOee, )qt 7. block 19; lots 1. 2, 7 and 7, block 25; lots 3, 4. 7 and S. block. 2ii and lots 3 and 4, block 27, HughoH & Doniphan's add., except right of way of Omaha & Council Bluffs Hallway nnd Bridge company, w. d. 1.375 Klovcn transfers, total I13,S7 DANGERS of Colds and Grip ' Colds weaken the lungs, lower the vitality and pave the way for catarrh, pneumonia and consumption. Look urouiul you at the vast number who have contracted these diseases, cycry one ol whom owes his affliction to a neglected cold. Chamberlain's Cough Remedy has a world wide reputation (or its quick cures of colds and grip and can always be depended upon. It is pleasant and safe to take. It counteracts any tendency, toward pnctinionia. Dohany Theater ENJOY YOURSELVES! , SUNDAY, JANUAHY 26 THE "YOLLY COMEDIAN. ' JAMES T. M'ALPIN America's sweetest singer, 'yodler and warbler, and bis splendid company, present the newest and best Swedish-American Comedy HANS HANSON Pleasing specialties liberally Interspersed Everything new, bright, cheerful. Prices 35c and SOc. LEWIS CUTLER Funeral Director uiucceor to W. C. 'KAMI, al'KKUT. fka Of FARM LOANS 5o5 N,otUud lnJVi'BnJlJ1'rMi5 BLUFFS. KNOCKED DOWN AND ROBBED I. W, Xitii Pnti Jf Plioky nt Uielm light Agtint Fotjadi. DHAWS REVOLVER UPON ASSAILANTS While One Slnnlien - llltii ltli Knife from lit Front, Oilier Niuiillinus 111 in from (lie ttenr. ' II. W. Kcenc, who lives north of tho city limits, near Mynster Springs, was held up nnd robbed while on bis way homo lato Thursday night by two thugs, who slugged him and left him lying unconscious In tho roadway. The robbers secured his pocket- book, containing 111. Kceno had reached a point on the con tinuation nf North Eighth street, between the Northwestern watch tower and the bridge, when ho was suddenly confronted by a man who stepped out Into thd roadway from, behind somo shrubbery. Tho man's faco was partly concealed wlthia handker chief tied over the lower portion, leaving tho eyes free. Tho fellow, who had a weapon In his hand, which Kceno took to bo a revolver, ordered him to hold up his bands. Kceno happened to bo carrying u revolver himself In bis overcoat pocked, and Instead of complying with tho fellow's de mand drew tho weapon. Ho was wearing a pair of thick woolen mittens nnd this re tarded hln movements. Dcfore he could use tho revolver tho thug Jumped at him and then Keene noticed that his assailant was armed with a despcrattt looking knlfo. He Jumped backward and tho knife descended on his arm, cutting a gash through his overcoat and undercoat. Uoforo ho could manage to get his finger on tho trigger tho fellow mado another slash nt Kceno, cut ting his coat ncross the breast. Kocna then fired two shots at close rnngo at ills as sallant, and Is unable to account for his failure to hit 'him.- Kceno was about to Are tho third tlmo when he heard his assailant shout, "Well, slug htm," and then- realized that he had two thugs to copo with. Instead of one. Ho turned partly nround.i when he w.as struck on tho head from behind,, evidently with a sandbag, and rendered unconscious. When bo recovered consciousness some hours later ho was lying In tho snow where ho had fallon on his face. Ho was bo numbed and stiff with tho cold. With con siderable difficulty ho mado his way home, where ho discovered ho had been robbed of his pockotbook, ho thugs having gone through his pockets after ho had fallen un conscious. Returning with a companion to tho place whero ho had been waylaid Kceno found his rovolvcr pressed down Into tho snow whero he had fallen upon It. Examination showed thrco empty cartridges and Keene is of tho opinion that ho must have suc ceeded In firing a third shot at the moment ho was knocked unconscious from behind. After recovering his revolver Keeno pro ceeded to tho police station, whero ho. re ported tho holdup to the authorltles.llo was nblo to glvo only an Incomplete de scription of the thug who assaulted him from In front. The man who slugged him from behind ho did not seo at all. U. n. K. P. danco tonight. Hughes' hall. SCAPES BY AHAIR'S BREADTH Alonso ITttrrliflck'H Horse Killed by Trnln While He I Vn- ncnlhed. Alonzo Utterbnck. driver on tho mall wngon, had a miraculous cscapo from being ground beneath tho wheels of the Burling ton fast mnll train yesterday afternoon at tho Eleventh nvenuo and Sixth street cross ing. Tho two horses Utterbnck was driv ing were killed Instantly, but ho escaped without a scratch and the wagon wns not even tipped over. The crossing is considered one of tno most dangerous In the city, as the building ot tho Monarch Manufacturing company at tho northwest corner of Eleventh avenuo and Sixth street obscures tho view of tho Burlington tracks from tho south. Utter back waa driving south on Sixth street and failed to hear tho fast mall approaching from tho west. Tho horses had Just crossed the north rail of the track when the-loco-motlvo struck thorn. One horse wns car ried fifty feet and the other thirty. Both were killed iustantly. although neither showed any marks. The peculiar feature of tho accident was that tho wagon was not overturned, neither was the tongue broken. The reins were pulled out of the driver's hands, but he waa not thrown from his Beat. Ho naturally looked upon his cs capo as nothing short ot a miracle. Soveral aldermen who went to tho sceno of the accident discussed tho advisability of requiring the railroad to keep a flagman nt this crossing, and It Is expected tho mat ter will bo brought up nt tho council meet ing .Monday afternoon, Those who witnessed tho accident said the train was running at a high rato of speed, far in excess of that permitted by tho city ordinance. The fact that the engineer never Btopped tho train to ascertain what damage hurt ueon done caused considerable, commont among those attracted to tho scene. The. team 'Was the property of F. J, Nev- 1ns, Scott street liveryman, who has tho government-contract for hauling the malls between the local depots nnd tho pootofllcc, Davis sells glass. AVocu Now Trie Uw Snlt. Sheriff Cousins received word that, Judge Macy at Harlan yesterday refused to grant tho town authorities ot Avoca a writ of mandamus compelling Deputy Sherllt Long at Avoca to exocuto the warrant Issued by a local magistrate In a smallpox caso. Judge Macy refused to grant tho writ on tho grounds that tho proper person to ex ecute tho warrant was one of the town officers. Falling to socure the writ, the town off! ccrs ot Avoca retaliated by bringing suit against the country for $573 expenses said to havo been Incurred In caring for small. pox patients' last winter. Tho bills, com prising this claim, were presented to the board Inst winter and were rejected, No tice of the suit, which In to be filed for the February terra of district court, was served upon County Auditor Innes yester day. The bills aro those of persons who were employed by the Avoca town authori ties to care for smallpox patients. ' KxeltliiK Ilunaway on Ilrondway. Broadway was tho sceno of an exciting runaway about 7 o'clock last . night, A horse hitched to a buggy belonging to Liveryman Utterbnck got beyond control of tho driver and dashed west on Broad way. Opposito Robinson's Jewelry store It collided with a double team belonging to Dr. F, Bellinger, which became (right- THE OMAHA DAILY encd and started ncross Ih'o street on a dead run. The team ran on tho sldowalk, but swerved Just lu time to avoid crash ing through the largo plate glass window In Sargent's shoe store, After slipping and Blldlng alotig tho sidewalk tor a short distance the thoroughly frightened horses turned Into the street again, dragging tho buggy behind them, aud dashed cast on Droadway to First street, whero they turned south as far as Madison avenue and then cast on MadlBon avenuo past tho schoolhouse out Into the country, whero they became exhausted nnd wcro finally corralled, U. II. K. P. danco tonight. Hughes' hall. Davis sells glass. t'lly Clerk' Men Indorsed. City Clerk Phillips arrived homo yester day from Des Moines, where, with Mayor Jennings, ho nttended tho meeting of the Iowa League of Municipalities. He was much amused at tho notoriety ho had re ceived over his suggestion for a change In tho methods of nescsstng railroads. He said that whllo somo of tha more conservu tlvo members of tho association wcro startled, all conceded that somo plan dif ferent from the present custom, so that cities should sccuro their Just proportion, should prevail. Mayor Jennings did not roturn with Mr. Phillips, having gone with, tho legislature to iowa city, wnero ms son Is a student In the State university. Mayor Jennings Is expected homo today. J. M. Matthnws of tho county treasurer's ofllco Is homo' from Des Moines, where he and tho membera of tho county board at tended tho annual meeting of tho State Association of County Supervisors. Mllln County I'rond of Apple. A display of luscious looking apples In tho window of tho Burlington city ticket office attracted tho attention of passcrsby yesterday. The apples, somo of which were grown In Colonel W. J. Davenport's or chard In aionwood, represented tho exhibit from Mills county which took first premium at the show of the State Horticultural so ciety In Des Moines, at the show of tho Southwestern Iowa Horticultural society In lied Oak and at tho Partners' Institute of Mills' county In Glenwood.. They were orig inally exhibited by J. W. Murphy of Glen wood. A card displayed with tho fruit states that 40,000 barrels of similar apples, the 1001 crop, 'wcro shipped from Mills county alone. In tho exhibit nro speci mens of every standard variety grown In this section of tho country, their color rang ing from a red so deep that at tho distance. It appears almost black, to a light yellow as bright as an orange. Plumbing nnd heating. Dlxby & Son. llovver Taken the Hlnme. When Peto Nelson, Mablon nnd Henry Bothers wcro lined up In pollen court yes terday, charged with tho theft of several doormats and rugs from residences on Fifth nvcnuo Gurdon Dowers, ono of tho men bound over to the grand Jury for robbing Lapldua' pawnshop and Dobbins' snloon, testified that he was tho guilty party. Ho said he gayo ono of tho rugs to young Nel ; ,1, .; J ni. n. k.,7i, . who took It homo. Tho Bothers boys. ho said, wcro with him when ho committed tho thefts, but refused to have anything to do with them. On this testimony Judge Aylcsworth discharged tho two Bothers, but held Nelson until ho decided what punish ment to Inflict. Judgo Ayelsworth was one of tho victims of Bowers' thieving propensl tlcs.r A rug and a doorniat were Btolon from his residence. Gravel roofing. A. B. Read, 541 Broadway, N. Y. Plumbing Co., tolcphono 250. Claim SlKimtnre I Xot III. John H. Gates, a wealthy farmer of Boomer township, this county, obtained In tho district court yesterday a temporary injunction restraining the jState bank tof Ncola from disposing ot or .attempting to onforco tho collection of a note for $551 purported to be signed by Gates. Gates In his petition nsserts that ho never signed or authorized his signature to the noto and alleges that his signature on tho noto Is a forgery. Ho nsks that tho temporary Injunction be mado per manent and that ho bo given Judgmonl against tho bank for $250 damages. U. R. K. P. danco tonight. Hughes' hall. TO CONNECT THReT ROADS iPInn Reported (or Joinlnn Great Northern, Northern Pnclllc and liurllnictnn. SIOUX CITY, la., Jan. 24. The Journal sarv. "It Is learned that plans for a connecting up of tho Burlington and the Great North orn and Northern Pacific systems at Sioux City are bolng developed In the general off! ces ot the Chicago, Burlngton & Qulncy company. Tho plans provide for an ex tension of the Burlington's Schuyler branch to Stoux City and the building of a cut-off from Schuyler down tho Platte valley to tho Burlington's main lino to the wost.' LUELLA PICKETT WINS CASE Receive a Verdict Ascnlnal the Sioux City IclHc nnllronil Comiiniiy. V, ONAWA, la., Jan. 21. (Special Tele gram.) In the caso of Luclla S. Pickett against the Sioux City & Pacific Railroad company, on trial since January 10, In the Monona county district court, tho Jury, after sixteen hours' deliberation, returned a verdict In favor of the plaintiff for $2,500 and was discharged. Uneiinelou from Alhyxlntlon. LEMARS. Ia.. Jan. 24. (Special,) B. C Custer of Movlllo, la., 27 years of age, was found unconscious In n bedroom at tho Union hotol In this city this afternoon. The cur waa turned on. Custer wont to bod the previous night about 11 o'clock. It Is thought tho gas tip waB accidentally turned on. The young man will probably ait. Where He Got Off. Detective George Fall of the city hall force wns riding uptown In a Thirteenth street trolley car last Friday, relates the Philadelphia Record, whon a colored man ot his acquaintance came In and sat down In the next seat. After a brief chat the detective said: "Are you superstitious Sam?" "No. suh." said Sam. "Well, if a good thing you'ro not," said Fall. "There a cross-eyed woman sitting opposite. "Ya-d, suh, dat's right," chuckled Sam. "And up In the corner there Is a hunch back." "Yas, suh, I sees hlra." "See the number of the car up there? It's 313." "Yas, suh." "And this is Thirteenth street we are on, you know." "You go 'long, suh." "The cash register, as you may observe, shows the figures 1313." "Yas sub." "And this Is Friday." "Ya-as "Also, It Is the thirteenth day of tb month," "Quit yo' fodlln', man." "It Is now," said the detective, pulling out his watch, "Just exactly 13 minutes past" Tho colored mau had risen to his feet. "I ain't Bupahstltlous, Mlstah Fall," he said, "but heah's where I gits off. You do mako a xn&a mighty oncomiable." BEE: SAT UUP AY, JANUARY 25, 130B. IOWA. CONTEST IN LEGISLATURE gptoiftl Otmmhtu Tk Up 01m Etc ( rnc and Jbuuum. BILL FtR NEBRASKA BOUNDARY LINE Scimtor llnxeltnn Introduce Mensure to MnWc l-'rec TcM HmiU" Coin IMilnory House I'lnii for Mtllilrlpnt Telephone. (From n Staff Corrcrpondent.) DKS special MOINES, Jan. 24. (Special.) Tho commltteo having charge of tho llni(R-I'!inmert contest case from the Bight ccnth senatorial district, took' up tho work I . I. ..! I !.., 11,1a mnrn. ui iuirauSiiiiii in luimu.i.v.. ...... lmr nnd mucin a beelnnlni! In the work. The county auditors from Cnss and Shelby were called beforo the committee and tho tnx imposed by tho stnto of Iowa. Cor attorneys for tho congesting parties mado wtn ucu thrco years ago, leaving nn cstato their statements. Tho scnalo ordered tho vnlmvi nt ir.oo.nOO. Including real cstato In notice of contest nnd statement nnd tho i-pnlv thereto nrlnted In tho lournal of the senate for reference It Is expected the commltteo will proceed slowly at first, and nothing hnB yet been douo Indicating what tho result will be. Tho fact that Dr. Bin- inert had only ono more voto on tho faco of tho returns than Bruco makes It Im- portant that tho work should bo dono caro- fully. Mclirnkn lloundnry I.lnc. Tho Judiciary commltteo took up tho mat ter of tho bill of Senator Hazelton with regard to a commission for settlement of tho boundnry lino between Iowa and Ne braska. Tho senator had prepared maps nnd plats showing tho land affected and tho manner In which tho channel of the rlvcr haii Bhlftcd, not only between Omaha and Council Bluffs, but also nt other places along tho river. Tho bill contemplates that tho entire matter of tho boundary lino shall bo covered. Owing to tho fact ...... . 1. .. 1.111. .. n l.nl n,, , nt lllA I ; .... i... .,u t 1 nanus oi luu pn.uer, mwu uum uu in this or otner cases. Senator Hazelton also introduced his free text book bill, which "provides for free text books In cvory district of the stato and makes It compulsory. Tho bill Is being backed largely by tho labor organizations ot tno Btnte. nut is not genorauy imoreu ny tno tenencrs. llowpltnl for lnnne. Senator Lewis introduced tho tilll for nnrnnriition nt the Hosnltsl for tho an a Insano nt Clarlndn. This gives $15,000 for a cold Btorago plant, $6,000 for coal house, ,"-r - i $2,500 for engine for dynamo, $10,000 for land and $10,000 for tho repair and con itngent fund, or a total ot $63,500. The appropriation bill for the deaf school was Introduced by Hnzolton. Tho HemB mo: Coal house, $2,500; closets, $500; library, $100: laundry machinery, $1,200; ptypo and tools, $100; watchman's clook. S3uu; electrical power, iuu; new range, Wi fencing. $500; heating apparatus. hnllB ,,. rn. setting boilers, $2,000; contingent and re pairs, $3,000. Senator Hubbard "'Introduced' a bill to authorize tho governor to employ Captain J. S. iiotbrop, of Sioux -City to press the stato claim against tho government on account of tho Interest - on funds raised by tho state for the equipment of troops The amount ot tho claim aggregates $156,- 000. tlonecrs and license them. The feo for examlnatlon Is to bo m Ir. ntltl rnnnwnla t" jo o ann renewals "Women' nnd liable' Home. Hubbard Introduced a bill appropriating 5,000 for a women's and babies' home in Sioux City. Torter jntroduced a bill legal izing tho eight-hour day on nil state work and In ccrtnln lines of prlvnto employment. especially tho mines. Tho Bennto appointed two committees on memorials, ono for tho lato Henry Hospora of Sioux county and ono for the lato Preston M. Sutton of Marshall county. limine on Municipal Telephone. In tho house Representative Swcolcy of Sioux City Introduced a measuro which pro vides practically for municipal tolephone systems and authorizes cities and towns to establish or acquire tho same and opcr- ato them Powers Introduced a bill providing that mall rural schools may be closed by the directors with the approval of tho county superintendent nnd the pupils bo trans ferred to other schools. Tho bill also pro vides that schools of high grade, employ ing teachers with two-year certificates or with stato certificates, shall recelvo $50 a year from tho state direct. Cummlngs has it bill to give shorthand reporters a salary ot $4,500, Instead ot paying by the day. This Is favored in tho districts where thqro Is little to do and where cood rennrtnr wilt not remain. Campbell Introduced a bill to make It a crlmo for nnvono to advise, counsel or employ another to commit murder. Hamann asks an appropriation of $75,300 for tho Orphans' home nt Davenport. Ho also has a bill for giving asslstanco to venezuemu government, tno genorara prop school secretarlesMm cities In maklnc the erty having been legally leased to M. Hohonl. rnninin '- i i ....... ...... ...,HC .,u...r.,....n. Anderson has a bill to provent tho mar- rlage of white persons and thoao having ono-elghth negro blood, tho Jury to deter mine by the looks' of the person the amount ot negro blood ia the objectionable per son. Resolutions were adopted In the house rclatlvo to the late Judge James Hilton ot Monroe county and, pending this, oner getlc speeches wero made by Kendall and Moon Wilson of Washington Introduced n bill to repeal mo present law lor musio teacn- ing in tho schools. Wnrren offered a Joint resolution assert ing the right of tho state to the lake beds of all meandered lakes In Iowa and do roandlng that tlp government protect this rignt. Both houses adjourned until 1 10 o'clock Saturday. COURT CASES REAPPEAR Two "Women Srrvlnir Life Sentence Desire nrlicnrlnif Sarah Kulin Ak for a New Trlnl. (From h Staff Correspondent.) nps uniNua inn j rfineelnl.l in thn siinromn rnnrt thin afternoon tho ease of supremo court this anornoon tno case or the State against Sarah Kuhn wns sub- mlttcd, the oral arguments being made by former Senator C. H. Mackeyo and Attor- ney General Mullen. 1 . iiA .r.na. v l u , lu V.. Z on", . Keokuk county for the murder of Charles Kuhn, her husband, two years ago. Mrs. Kuhn Is onlv n vesrs old and had been KUiin is only .0 years om ami naa neen married to Kuhn only about six months. He was a crippled shoemaker who had . .. . . some property and one uay me two nan soqie beer which contained strychnine. Ho took enough to causo his death and before hn Mr.A hn ,... h- nf thn .rlm murdortns him. Rha mi convicted and given a llfo sentence, which sho la now serving Tho defense claimed that tho testimony was entirely circumstantial nnd made out a strong plea for n new trial. Tho Hassock murder rase, which was sol for submission today, went over to the close of (ho term by consent on account-of Ill ness In tho family of Mrs. Hassock's at- tornoy. Sho Is also serving a life sentence for the murder of her husband. Supreme Court llcellon. Tho supreme court today handed down thenn decisions: I Jomcs HcM ncalnst Town of Clonnn, np- pellanti Wright county. Judgo eavcri uinrmefi. W. K. Down o. nnnol ant. ngnlnst C. Christian: Wlneshlek county. Judge Pel- lows: nillrmed. Annn M flnrnAP nt ill nf-ntll!lt I'JlShU I Mahoney et nl, appellants; Harrison county, duuge uintr iiuiiiiiet . ..,. Ijiurn rinllnn'fiv nnd 11. A. Downing! Cedar nnnrv iinniiirnp nf til. n minium ip. uKtiuifi county, Jutigo Tricnier; amrnieu. u..,imi nn,.niiir ni-niiiat W. 1 .. Slmnsoli. ntiDol ant: 1'owes iick county, juuu Dewey; reversed. ... . hunts, against Iiuni A.,D. Hrown! Monona count, Judgo Hutchinson; ftfllrmed. J. W. Walters nnd i. A. wnus, iippei- lleeelve Inlirrllnnee. in'v. Blat0 Trcaturol. oilbertson today received . .. . .... . .1... natntn nf I n (iron irom tno cxcumuia i ,t,. ii tnt.n f'nrlili nf flnlpim. 111., for LR aftn fin hnlmr tho collateral Inheritance iowa worth nt least $100,000 In Hancock. Marahnll nml t'ottnwattnmlo counties. Tlie collateral lnhorltanco tax assessed against tho property was resisted by tho executors and suit was brought In HancocK county, which was won by tho state, it was cx nccted by tho state treasurer that tho case would bo nppcalcd, but abotit two weeks ngo. tho executors nsked for n statement of the claim nnd today tho draft for tho full amount was received. Kxnetiilttiiren of llonrd of Control. Secretary Treat of the Hoard of Control has prepared a statement showing where tho money appropriated for tho stnto In- Btttutlonn untjer tho Board of Control Is gpent. n,o statement refers to tho first qUartcr of tho current year, but It Is bo- jnVcd that tho expenditures In tho past u(lvo been proportionately about tho same. From this statement It appears that these contracts for tho quarter have been awarded 1nt Amount. Cent. To nnrtles outside of Iowa.. I :il.tS.02 24 t0 Pnrnes in iowa., 77,Sfl2.97 To brnnch houses lu Iown... no.Cfil.9rt Total 142,9ra.93 100 The contracts of outsldo parties nro largely for machinery and supplies not pro- n Jowa nn(, obtalnnblo only fron, n,iuucmcni The foregoing docs not Include money pain to omcers nnu id employes, which will 71 it thn nnnpnr that ,71. it tnus appears tnat "mounto 100'"i. tho total expenditures ror tno quarter, ex- niital.m nf nnrnhn.ua tvhlnli will l.n mmln I . . .u. , i i .i... I . - . . mo iiu u .. Hons chiefly of Iowa dealers, will bo ap- proximately $243,582.66, of which 85.8 por , ,,.. , ,,,,. ,. ,i I cent will go to Iowa i alcra nna iowa pcoplo and 14.2 per cent to parties outsldo the state. If tho money to be spent by i,..i. l.,l,ll. h ,i,ii i. tho heads of Institutions bo added, the per- centage of expenditures In Iowa will bo still larger. CASTRO BARS OUT FRENCHMEN War Ship to lie Sent to Venezuela to Enforce 111 ItlKht. WILLEMSTAD. Island of Curacoa, Jan. 94 In nnltn nf thn nrotests mode bv the French consul here. President Castro has sustained tho action of tho Venezuelan au- thorltles at La Qualra, who refused to per- -i, t e.-roKtnt tr nf linnleaux to land A decision or the trial court unpen upon mlt M. Secrestat, Jr.. of uorueaux, to lanu, coml)etent evidence, not lntrlnsicnlly lm althougn tho government had previously prohnhle, will bo sustained oven though the naanro.i thn nnnmti that tlm trnveinT mism ,w,i, i, i i,i h ,n nmhnritien that " . , u.h prpneh lino steamer St. Laurent. whllo tho French lino steamer St. Laurent, on which M. Secrestat was a passenger, was , .... .. ,, ,,,, M-.inini,n at 1' ort-de-I' ranee, Island of Murtlniquo. or at the lslaud of Trinidad, ho conferred with General Matos, the revolutionary , , ,. . ., ., i,. ii, luuuvr. lilt cuubiii uiuuu ii..iin .to uu subject which established tho fact that Gen- oral Matos was not at Martinique or at rr-.ll...l .l 3. t m...V,a,l oil"""5 "V"" "'! "':' ii.umau ivuvu oi, uau.-ui. those Islands, but, was oft tho Venezuelan , .n i.nn-j , t. i ( i o , ti' oinnmni nr.::; 7 . uiuuiihuui, k.t -mu u.Da.Huvtu " - Laurent, and notably the secretary ot tno an.ni.h Wntlnn 'nt Pnmrnq nnsnrt thiit the behavior ot M. Secrestat was nlways , ' : " .o---- , IIIUBI CUrreCL uuu lUUk UU uiu uui duu uh- cral Matos. This seems to make It necessary for tho French government to take steps to causo the French cltlzons to be respected, and It is believed that the French cruisers Tago aau annum, now ui run uo I'mucti, wm receive orders to go to La Gualrn. The French cruiser d'Estrecs Is at Caru- pano, a seaport town In the state of Ber- mudez, Venezuela. PARIS, Jan. 24. The French government this attornoon received a cablo messago from tho French consul at Caracas, Vene zuela, announcing that President Castro has absolutely refused to allow M. Secres tat, Jr., t land In spite ot the consul's re peated vigorous protests. accresiai. jr., mo son oi n mercnani uoraeaux, France, arrived nt L.H uuaira. January n, wun me intention oi going io t-aracas. to protosi mero against mo soizuro 11,0 cstatcs 01 """ Jiatos, Dy tno Secrestat, sr. The French government, January 16,. cabled to Caracas, Instructing i . . ... ........ tna .-rencn. consul mere, to insist mat m. Secrestat, Jr., bo allowed to land. SUPREME COURT SYLLABI. 10S9S. l'eonle'B Rnlldlnir. Loan nnd Sav ings association ngalnst Shaffer. Appeal rrom iniickoiis. Aturmeu. uiuuam, u., di vision No. 2. Reported. 1. Contracts made in NeurnsKu wun resi- lentH of this state by n foreign nulla and loan niiEoclntlon. it mnde by agents such associations within this state, ure Ne braska contructH and their conHtructlon. ynl"nnnfd,hi'if-??.mcnt "re B0Vernel by 2. The nrovlslon of tho homestead associa tion net nf 1873 did not exomnt foreign building and loan associations1 from tho penalties or UBury. 10D01, Teske against Dlttburncr. Appeal from Madlion. Reversed nnd dismissed. Ames, C dMslon No. 3. Reported. 1, An nlleged oral agreement between a son and his parents that unon tho death ?,f tho latter ho shall becomo vested with fildenitlon of his carrying on the business of tho pnrentB and providing them with a inn iinn in ii in luiiiu iiuincaii nu in uiri i - home ami maintuinanco is void. 109CC. Mend ngnlnst Hoover. Anneal from uutraio. Aiurmeu. iorvai, u. j. l. A decree foreclosing n real estate mort gage Is suirtclent authority to tho sheriff to make the sale thereunder. 5. Mnrn clerical errors In nn order nf snlo which nro' not prejudicial will not Invali date n Bale mnue in pursuance inoreor. 3. A sale will not ba vacated merely be- caimo tho notice or sale uoen not correctly tate tho dato of the decreo was rendeieil Where the notice otherwise With HUllleleilt nccurnCy describes tho decree under which the sale whb made. 10010 Cross agalni-t Ildlch. Appenl from B,u.frA,1Bale ofTeal estate 'under a decree foreclosing a mortgage will not bo set uttlHo merdv because tho officer did not return tho order of sale within sixty days or'n' 'th'e drtto thereof. 2. That thu meridian In which lands are situated Is not stated In tho notlcn of fiiIo ( u nQt ,nVttn0(lte tno Hn0 n,a,j0 ti,cre- under, when tho county, town, rAnge, sec- tlon nnd part thereof nro correctly given Inllln nolle. "V,The statute doeo not require that a sain 0f reai estate under n mortgugo foreclosure shall be held open for any epeolllo length nt I " llllio. imi' noilrleh nirnlnat (lllleBnle. Anneal I mm nntrnln. Afllrmul. Knrval. C. J. JL. UWUUU Mil 1ft WUI lUii. Ul IUIL IIBIlim CHILLS? Duffy's Pure Malt Whiskey Cures Malaria, Grip, Consumption, Bronchitis, Asthma, Catarrh afid All Diseases of tlie Throat and Lungs. ' Grin Is nh Inflations disease, which at tacks woak niiii Blrong nllke, especially If tho blood Is sluggish, nnd gcnernlly InvolvcB mo inucouH membrane of the nir pnssngca rrom wie nostrils uown to una including me lungs, Serloui complications aro llablo to dnvoloif in tho course of the disease, un ... ... ..... , ..... "''''""'" ' ,,,c,rT.T H.vstcm. sometimes the kidneys, tho brain, thn HtflMlnfll nr Hm tifmrt rnnllttlni? often h lu,urt riltiro. but tho most dreaded of n . rieiiutiinnln. which Is tinrtlcu ur W fata when arising from grip. The fatalities resulting from this disease within the pftBt few years have Biilllclently aroused doctors to the lmportanco of giv ing the idalady the closest Investigation. Duffy's I'uro Mn't Wblskev Is the mite nbsntute euro for grip, Inllueiiza, nMhinu, nroucnuiH, catnrrn, coiiRumption nnd all niwciiiu" 01 toe iiiroiu iinu lungs; it pre- v....t8 tninpllcMloiw nnd had after-etTcctB .i...L J! .. .. ...... 1,1 .H,.,r.m uuiiy s rure .Man wmsKey not only Kills aids digestion' nild tones the action of thn I)r W'lllurd II. Morse, the welUknown DUFFY'S PURE Is tho only absolute euro for grip nnd consumption. l'ltlOIC If van are slclc or run Itoelieter .. Y. All eorresnomleneo In nothing to Icarn how to regain health, strength nnd vitality. Vitluablo medlcul book let iroc. two gnme counters tor wnist, eu stamps to cover postage. merely becnuso the ndtlce of snle does not state the umount dun on tho decree. 2. F.vldenee will not bo reviewed where It Is not disclosed that nil tho evidence ad duced In tho court below In contained lu tno diii or exceptions. 10914. Iyon nguliiHt Qombret. Krror from Nuckolls. Alllrmed. 'Albert. C. division No. 3. Itenorted. 1. Where ono entitled to a patent to land from tho Djilted States, but beforo It Issues, porting to convey the fee. nnd u patent subsenuentlv Issues to such grantor for tho hind, he will not bo .heard to assert tltlo um)cr HUCl) patcnt nH aKaMt Bch Brntce. 2 ono clulmjng ne n purchaser without chanter 73. Comnlled Statutes. Is charge- noilre liniler tun nrnl'IRIoii nr uenllnn 1H. m.iu ot only with notice of such facts as were known to him, but nlso with notice or sucn rnctB us ho might iiavo learned ny the exerclso of ordlnnry caro nnd diligence, , ,...,,.,. i,,.P,.n, rn,,UiitntiMn- link In tho chain of title which u purchaser proposes to buy Is lacking and eic!i pur- chaser buyH without inspecting or demand- , ftn (ngpncHon of sl'lci, mHtrumcnt. or tho record where It Is spread at length ob required oy law, flucn purchaser is ennrge able with notice of any fact appearing on mo inco oi bucii instrument ancciing lis validity. 4. A party, out of possession, mny mnln tain a suit In equity to quint the title to real estate. Following Kyars ngalnst Na Bon, 54 Neb., 143. 10024. Detiroot ngnlnst "Wilson. Appenl from Buffulo. Affirmed. Norval. C. J. 1. All presumptions will hn indulged In favor of the fairness of nn appraisement mnde by n sheriff. jne eonurmation ot a mortgage lore- closure naif, will not be vacated merely be' '.-J.nfltsatr1 M Snyder against Roger Error from Gosper. AHlrmod. Sullivan, J. rovicwinir couit miiv tninK tno prenoniicr a.'ice- of the pvldenco is opposed to tho con ClUSlOn renCllCU. iivm nin,i ni-ninat rvnnn Annn.nl fmn 10933, unlnnd ngalnst Crane. Appenl from Washington. Affirmed. Holcomb, J. 1 An objection that an npnrnlser of real nnrni..i r,. t,iinii Rnin in fnw. closuro proceedings Ib disqualified conies too Into If It be not Interposed until after miil' iiutlt Wliun I'unill nullum in urmi'u. int- ni.innmr, l pi, will lie ileemivl to hnvf waived tho objection. wnere rem property soui at junicmi ii ecnl valtio bv thoso oulect nc nn onieC' tlon that it was appraised' too low Is un avnlltncr. v. People's Building. Loan and SnvlngB i n uanp i ii 1 1 nn nirnmst i:ook. I'.rrnr rrom unsH. a ill rm cel. Sullivan, j. 1. An nppenl undertaking lllerd with a Justice of the penco on the. eleventh day llf ,er the rcn,iitlon of a Judgment is not tin ciutuiu inuyvmuih' I 2. A ense removed to the district court ,u ,htfv .iismiuso,! tf the nnnellnnt. bv renson of his' own laches, failed to llle an nppenl bond within tho tlmo limited by "'oarne,! liT'law Is not Just.l.ed in relying nDsouueiy on tno legal conciu lon of n justice of tho penco touching tho time when a.i appeal bond should bo filed. Anil thin rule holds even though tho lustlce consults nn nlmnnac beforo stating his con- elusion. ... I. Tho uuro riict tnat a jiihwco oi me pence was not at his office utter G o'clock Stops Omeda Oil "Six of one are half a dozen of the other." The princi pal difference between pains is the names given by doc tors. The name doesn't amount to anything. If the pain is in the back the doctors call it one thing, and if it is in the leg they call it another, and yet if they should change those names the pain would hurt just as bad. Omega Oil stops pain. The trouble may be in the neck, shoulders, back, arms, elbows, wrists, hips, legs, knees, ankles or feet. No matter. Omega Oil puts out pain in all parts of the body just as water puts out fire in all parts of a house. It has been tried so often that there is no longer any doubt about it. Hundreds of thousands of bottles have been used and given satisfaction everv- ll,n.r, nmaiin C n.nn lere. umeca Uil stops w Omeft Oil is good (or wcrytblng 9 IT'S GRIP! the germs, lumrt hilt It stlmulntca tho hloo( Bacteriologist, Bays MALT WHISKEY Qcntlenibn Mv fnmllv had flrlnnri." I pu'led three of them throimU with Duffy'B Pure Mnlt Whiskey and milk. WtliUAM H. YATU8. Hoeliester, Mich., Sept. 13. 1901. ' ri!UK oitif. Ocntlcmen I tnkc pleasure In .dropping you a few lines to Inform you that'I havo been cured of n novrrt! attack of grip by using your Duffy'B l'ure at Whiskey. My nge l 70 years. Mrn. EMA 11. ItbAM, 711 Cherry St., Heading I'n. Dec. 11. 1901. Gentlemen DuITyt'fl .Turn Mall,' Vhlskey has been of great benefit. to me,, I'do not think It safe to bo 'without It, .oMpcclnlly when thn grip Im about. A(rs H. COH XEI.li, E104 N. Mtlt St.. Philadelphia, Pa. O.H. C, 1901. . It Is tho only -whiskey recognized by tho Oovernment as a medicine. This Is a guar antee. All drugglsui and grocera, or direct, M ii bottle. down, write DnlTv Mnlt AVIilkev Co.. strictest eontlilenee. It will cost von cure, etc., sent irec. send 4 cents in w p. m. on the last day for filing ar) nppcnl do ii ii win not justity mo uismcL court in rt fusing to dismiss an nppcnl mi (he ground that the undertaking wns filed out or time. !. Whero tho docket of a Justice of tho peace shows that tho caso was taken un der advisement, tho parties uro uo.nul to know Hint tho decision must bo rendered not Inter than thu fourth .day after tho trial. 120ta. Link ngnlnst Reeves. Krror from Douglns. Objection to jurisdiction Is over ruled. Norval, C. J. 1. Whero a cause Is properly revived In this court In tho numo of tlm administrator of n deceased, person dofoudnnt In error, no summons" lu error Ib reoulred to bo served upon that administrator. i no serving or me conaitionni nruer or review confer jurisdiction upon tho sub stituted pnrty. 3. A summons In error mny properly bo served fpor. thn attorney of record In tho trial court In the original case, though nt the time of such Hervlco the defendant In error should bo dead. 12107. Van Huron ngnlnst State. Error from Cherry. Atllrmed. Holcomb, J. 1. Hvldrneo examined and held stilllclent to sustain the verdict of guilty returned by tho Jury. Whero the testimony Is conflicting and Is fairly submitted to n Jury a now trlnl will not bo granted If the testimony Is sufllclent to sustain the verdlce. Murphy ugalnst State, 15 Nob., SS3. 3. In nn Instruction In n criminal prose cution to the Jury relating to tho credibil ity of witnesses nnd tho weight to bo at tached to tho testimony or each. It In not error to charge that the Jury should con sider tho relationship. If any- Ib shown, of nnv wltnesB to the defendant. 32IG7. State cx rcl. Cobb against raw e1tt. Original. Mandamus.' writ allowed, Hastings, C, division No." "I. Reported. 1. MattorH merely lu tho Judgn't mind nnd which wero lu no wny'ii part ot tho publlu proccedlngH nt n heurlng, nro not properly a part of u bill of exception und ono who Is refused a bill of exceptions,' unless such mntters nro Incorporated, Is entitled to n writ of mandamus to compel the Nettling of n bill which shows tho ac tual proccedlnss. 10403. Swoffortl Bros.' Dry Goods Compnny ngalnst Cowglll, Krror from Phelps. Re versed and remanded. Hastings, C. Division No. 1. Kvldcnco examined nnd held milllclent to require submission to tho Jury of question of liability on the part of defendant in error, ns partner, In tho purchase of tho goodH for whoso prlco the' action was brought, aud action of trlul court In In structing for verdict for defendant there fore erroneous. ' 10137. Nowb Publishing Compnny ngalnst Tyndale. Appenl from J.ancastcr. Re versed. HnHtliiKH, C Division No. J. Tho fnct that a chattel mnrtgiigo wns withheld trom record from January 17 to March 12. following, vlth Intent to avoid Injury to mortgagor s credit, does not ren der It fradnlcnt ns ugalnst ono whoso first dealing with mortgagor was on April 8', afterward, and who docs not appear to havo examined tho Chattel mortgago rec ords during tho transactions. 10C02. Rohrer ngalnBt KiiBHlor. Error from Webster. RovcrHed. Sedgwick, C. Division No. 2. Sales of real cstato upon foreclosure of tax liens should be, as far ns practicable, tho eumo ub upon mortgago .foreclosures, and unlcsR tho decree provides otherwise the tracts or lots must bo appraised nnd sold separately. Pain Pains are very much alike. As the old saying goes, nr.!. J ln.. C a. ! . pain, and don t fortret it. O a liniment ought to be food for. rn 1: