THE 031 All A DAILY BEE: TntTRRPAY, MAT5CTT 17. 104.
Si
APAN AND CORRESPONDENTS
Brigade of Eager War Joornalurts Bottled in
Up at Tokio Bow.
GOVERNMENT POLITE, BUT INEXORABLE
treaa Writers Are Treated with All
Courtesy, bat Firmly Held
Bark by the Mlkade'a
War Department.
tCopj-rlght by Collier s Weekly. 19rt4.)
I"redTlck It Pnlmor. special correspond
ent for Collier's Weekly In Japan, writes
from TokJo under date of February 18:
You may write and write
Till your brain Is numb,
trnl the suai of the pages which come strain
ing from your pon la not worth ft score of
lines scribbled, with a borrowed stub of a
tenrll on a piece of wrapping paper at the
front. In oil the notices the government
ends us. In all the references made to us
In print or talk, we are war correspondents.
iYou might as well speak of the Swiss as a
race of sailors. The satire Is cruel. If meant,
and complete in any event. To write of
this war from Toklo la like writing -about
the Spanish-American war from Chlcka.
tnauga, when troops were embarking from
(Tampa.
"We expect a score more correspondents
tiy tomorrow a steamer. They will come
feshore with a look of 'Is It all over? It Is
too late to reach the front?" and possibly a
tnonth later they will be receiving other re
inforcements with the stoicism of the prea
ent host that Is making the Imperial hotel
Df Toklo a Journalistic barracks. The gov
ernment has been as logical as It Is polite,
and as polite as It Is logical. General Baron
Xodama Invites us to luncheon today, and
tonight the mayor of Tokio gives us a din
ner. There is not yet a correspondent
aboard a Japanese man-of-war; not a cor
respondent has set foot on a transport. Be
tween the hope and the reallxatlon there la
ver the Japanese smile.
Plans of the Journalists.
"The world of Journalism had planned to
tnake this war (the most Important for
thirty years, if not. In Its International re.
Suits, since Napoleon's time) the most com'
pletely described and reported In history
tjjit 1 1 fiaVA .va.V tk pahla Inalanttv '
Said one news agency. This Is mot so dim
It, If the wires are not crowded, for most
Cf the extras oontaln only rumor. Take
to the censor some preposterous telegram
(or example, like 10,000 men left for Vladl
IVostok yesterday,' and the censor will let
t through. Take him a truth, the news
tnen say, and It may go or not, according
to whether It will be of value to the enemy.
Untruths are allowable because they may
deceive him.
"The correspondents who aeek tha 'front'
iwben they hear, aa they have heard today,
that 25,000 Dien hara already been landed
tn Seoul, walk up and down the corridors
among tents, saddles, and tha odds and
and of kits that overflow the room like
So many melancholy Danes aa If each
Were really tha Hamlet of his play.- To
Ida or not to be,' for Mm Is being In the
Bold of the army's occupation or away
from It. At the other end of tha cable In
an 1 editor who wants a battle every dny
fend an exclusive description of It In his
office by midnight. "Where are you?' that
editor may ask; and the correspondent
pitting In the ordinary room of an ordinary
hotel (In aight of the fur coats, fur sleep
Ing bag, and all tha equipment which the
Chines tailors rushed through in a day
tender tha Impetus of his threats a fortnight
a-go),'feelt-t?at poetlo Justice Is better aub
ierved If his sleeping bag la made of eheep-
akin. Haw can that editor be made to real
sa that tha landing of an army corps Is not
ft, pet function with seats for tha press, like
tha launching of a battleship? How can a
general be made to realise that the aucoeas
pt aa Invasion depends upon having the
eorreapondenta auperlntend tha first land
"When a cablegram la received saying to
Vtroceed to tha front, tha correspondent
feels Inclined to answer, 'Consider the post- I
lion of a deaf mule with hla hands tied ' I
tor tha high cable rates are prohibitive to
ax tended explanations. You may go to the
proper Quartan and aay how Important It
la to you that you should see some action,
M aoma fifty man have repeatedly; and you
tnay even suggest that you would like to
ft-o to Ooraa at onoa by way of China, The
ftnawcr la: Tou will do best to stay in
Toklo. Wa will let you know aa soon as
ou may go.' Ona correspondent, who did
understand that with the Japanese a
t la tha glove for a hand of iron, started
or Coraa nevertheless. At Nagasaki polite
beat stopped him; at Nagasaki politeness
pUa holda him.
Experience of One.
I may cite tha experience of a writer
1 rid three photographers. Dunn waa atarted
to Seoul by tha regular passenger steamer
feefore tha outbreak of hostilities. It waa
thought that ha might be sidetracked from
tnain operations, but war's fortune has
favored him. If It ever has a man with a
Camera. With tha Russian cruiser Varlag
hod tha Buaslaa gunboat Korlets In the
giarbor of Chemulpo among the veasela of
tmitral cations, a Japanese squadron ap
peared at tha entrance. Hera waa a naval
battle duly announced hours in advance.
Just aa tha edltora would like It. Thla and
tha occupation of the capital of Seoul, and
Che transferring of an ancient nation to
another's sovereignty, all fell into the lap
of the waiting Dunn, who was not only at
tha front,' but on hand when the 'front'
arrived. Aahton was sent to Nagasaki, to
be near the navy, If he might not go
aboard. When the wounded from the Port
Arthur battle were brought to Baaebo. I
applied to the Navy department for per
tnlsslon for him to photograph them, and
It waa said that it would ba possible If I
wrote a letter to the minister of marine.
Which tha legation would transmit with
Recommendations to the Foreign office,
avhlch. In turn, would transmit it with rec-
pmmcndatlona to the minister of marine.
THE ESQUir.20
ycats lots of blubber, the
North-woodsman cats
4ots of fat pork and
ithe Norwegian fisherman
Itakes lots of cod liver oil.
They are all heat-produc
ing foods.
! Scott's Emulsion is the
(best protection against
colds, grippe and pneu-
a .
jnonia, because it is a
heat and fat producing
(food of the highest
quality.
This waa done, and eventually the request
wn referred to the commander at Saeebo,
who refused lt. Hare, the veteran who
climbed Ran Juan hill wfth a camera, walta
Tokio r the word which win let him
go with th main army or invasion, bo uo
we all from day to day. Before thla reaches
you we trust that we shall be out of the
ordinary room of an ordinary hotel and on
the heels of the Rumlana In Manchuria
with the fighting- column.
What la Promised.
'W are aorry that we cannot be confl-
dentlal,' one of the generals who make the
startegy of this war said. 'Military aecrecy
can never be too well safeguarded. Not
until the two armies are In contact can
ws afford to let any foreigners go with war
forces. Then you ahall see enough."
'There was a smile with tha 'enough'
that suggested that campaigning In Man
churia would be no picnic.
Where will the main army land? How
many men will It have? You might as well
expect Mr. Rockefeller to show hla private
letter-book to a stranger as to get this In
formation from anhoneet source."
PLAINTIFFS STILL WINNERS
Joha I- Carey of Nebraska Stands for
Losa of Cattle Hold from
Farms.
Two mandates have Just been handed
down by the United States circuit court
of appeals affirming the Judgment of the
lower United States circuit court of the
District of Nebraska In the caaea of John
S. Bllby and Russell Bllby, doing business
under tha firm name of the Nodaway Val
ley Cattle company of Nodaway county.
Mo., against John I Carey of Nebraska;
and John S. Bllby and Russell Bllby, doing
business under the firm name of the Quit
man Live Stock company of Nodaway
county. Mo., against the aame defendant for
damages In the first case of $3,229, and In
the second of 13,809, with Interest from
November 1. 1X97.
Tha aulta were Identical In character and
were In effect that In May, 1897, the plain
tiffs bought of John L. Carey and C. J.
Hysham one bunch of 460, and another
bunch of 304 cattle shipped from the
ranches of the defendanfa In Texas to St.
Joseph, Mo. Tha oondltiona of the sale
were that tha cattle were free from disease
and that they had not passed through any
section of the country en route to St.
Joseph where any Infectious disease ex
isted, such aa the Texaa or Spanish fever,
and that the cattle were perfectly healthy.
The cattle later developed symptoms of
Texaa fever while being fed and fattened
on tha farms of tha plaintiffs In Nodaway
and Atchison counties, and not only did a
number of them die, but the disease waa
communicated to other cattle owned and
pastured by the plaintiffs, entailing a loss
of $30,000, or thereabouts, to the plaintiffs.
The defendants were charged with knowing
that tha cattle had been driven through
certain Infected districts of Texas, notably
In Howard, Irion and Tom Green counties,
Texas. Suit was brought In the United
States' circuit court, District of Nebraska,
In November, 1902. to recover the amount
of damages claimed and the judgment of
the court gave the plaintiffs something over
$6,000 damages In the two canes. The case
was bitterly fought, some of the best legal
talent of the state being employed In the
case. The Judgment was finally rendered
December 6, 1902, In the lower court. An
appeal was at once taken to the United
States circuit court of appeala on a writ
of error and the mandate received affirms
the decision of the lower court.
GIRLS DRINK BEER WITH MEN
Two Maidens of Tester As Arrested
and Sent to 6ood Shep
herd's Home,
Lillian Davis, S121 South Tenth street.
and Elma Thewer, 2231 South Thirteenth
street, two 16-year-old girls, were arrested
Tuesday night In tha rear of a atabla at
Fifteenth and Jackson atrenta. The girls
were found by Officer Xlssane, drinking
bear In the oompany of four men, and were
arrested on a charge cf Incorrigibility. The
girls will be taken this afternoon b;- Matron
Anderson to the House of the Good Bhep-
herd. Speaking of the Good Shepherd home
thla morning. Matron Anderson said:
'I have taken seventeen girls there In
the last eight months and have been
brought In close touch with tha work done
at the home. The glrla are taught every
thing that la good and helpful and are sent
out Into the world with a knowledge of
sewing, cooking and other household duties.
They are given a music lesson every day,
their spiritual welfare Is made a matter of
concern and invariably they are mads use
ful factors of society."
SAYS CITY RUINED THE PIANO
Woman Saes for Damages Attributed
to street Cleaners Who Threw
Water with note.
Because Mrs. Alice Weeka did not relish
the Idea of having the city hose play upon
her piano ahe has brought suit agalnat the
city for tha recovery of $2M damages and
the caaa la being triad before Judge Yin
sonhaler. The plaintiff alleges that last
July while engaged In washing the pave
ment In front of her house, 1204 North
Twenty-fourth street, employes of the
street department allowed a atream o
water to be thrown Into her parlor through
an open door, that practically deluged
everything In the room, particularly her
piano, which waa ruined In tha operation.
HUE HAIR FOR ALU
Once Destroy the Dandruff Germ, and
Hair Grows Luxuriantly.
Anyone can have nice hair If he or ahe
has not dandruff, which causes brittle, dry
hair, falling hair and baldness. To cure
dandruff It Is necessary to kill the germ
that causes It, and that Is Just what New
bro's llerplclde does. Cornelius Grew, Col
fax. Wash., saya:
'One bottle of Newbro'a Herplclde com
pletely cured me of dandruff, which '
very thick; and It baa atopped my hair
from falling out.'" It makes hair soft and
glossy as silk; delightful odor and refrwsh
ing hair dressing. It permits the hair to
grow abundantly and kills the dandruff
germ. Sold by leading druggists. Send 10c
In stamps for sample to The Herplclde Co,
Detroit, Mich. Sherman & McConnrll Drug
Co., special agents.
SUES FOR MONEY FOR A LIFE
Administrator of J. H. Seahrooke'
Estate Piles Damage Sntt Asralast
Eleetrle Light Company.
John W. Beebrooke, aa administrator of
tha estate of James H. Seabrooke, has
brought suit sgainst tha New Omaha
Thomsoa-liouaton Electric Light oompany
to recover the sum of tS.Out for the death
of James H. Seabrooke by its alleged care-
leasneaa and negligence. The accident
which caused the man's death occurred
March 20, 102, while ha waa engaged
operating a steam pump for the defendant
corporation.
Start a bank account with your grocer,
Ask for tha Bell coffee and Bed Dragon
Tea. Oora further, mora satisfying than
any other on tha market for tha money.
Too caa have atiy kind ef Jewelry mads
at Hubermara'a. Uth and Doogias, by pay
tag tut tha gvkl aaA th bma.
ROAR OF THE BIG GCNS
Eva tha Blu'jao'rU I-ead Mora Than tha
crem:ir fhtlia.
EFFECTS OF TREMENDOUS CONCUSSION
As Bad la Pratetle Flrtaa ai la It t tie
Attempts of Haval tailors te
Kara It-Aalaals tua't
Stand It.
Men-of-war'a men In action are more con
cerned over the noise of the ships' guns
than the daDger of being hit by missiles
from the guns of the enemy. This they
frankly acknowledge, the officers aa well
aa tho bluejackets.
They can. In a measure, get away from
the thought of being hit, because they are
too busy at their statlona to consider that
chance. But there Is no getting away from
the noise of their own guns.
They can't forget that or ward It off. In
fact, they are so absorbed in waiting for
the barbarous detonations of their own
una, and In trying to neutralise the effect
of the concussion, that they hardly think
the projectiles from tha guns of the
other fellow.
The only American man-o'-war'a man
killed In the engagement off Santiago waa
yeoman. He had a deck station.
A broadside of his ship's six-Inch guns
was Just about to be let loose at one of the
Spanish ships. The yeoman, standing at
Ms station, was watting for the command
to Are, and had just rained himself to his
tiptoes and opened his mouth ao that the
blast would Jar him less when It came.
He was on his tiptoes when a shell from
Spanish ship came along and took his
head clean from his shoulders. That was
the last thing tha man had been thinking
of.
The sight that he presented after being
struck created neither fear nor consterna
tion among his shipmates. They, too, were
all on their tiptoes, awaiting tha word for
that six-Inch broadside. Not a man cams
down to his heels after the yeoman waa
struck. The broadside waa cut loose, and
then they rushed for the yeoman and made
proper disposition of hla body.
Abominate the Noise.
That It Is the noise of their own guns
that they abhor, and that only, la ahown by
the fact that men-o'-war's men, fore and
ft, of the American navy do not dread a
battle any mora than they dread target
practice with the big guns. They are
proud of their proficiency with tha gigantlo
shooting irons, and keen Is the rhlp and
fleet competition at the business of shoot
ing at the anchored mark.
But the keenest among them hates and
abominates the noise. The men simply
can't help making wry faces over tha an
nouncement of ship or fleet target practice
with the main batterlea. '
That racket again, ehf ta their com
ment upon the announcement, and from the
moment of the passing of the word they
begin to brace themselves against tha day
or days of misery.
This dread of the roaring of the great
guns Is no Indication of timidity on the
part of the men who feel it the strongest
It Is purely a physical dread, a shrinking
of the body, and not of the mind.
It la felt outside the navy. Few follows
are more familiar with the crack of the
pistol in actual conflict at close quarters
than the man called Bat Masterson of Colo
rado. , Masterson attended a theater In
New York not long ago, and during one of
the acenea there waa a pistol shot, aa part
of the performance, behind tha scenes.
Masterson, tha man with the many-notched
gun, almostJumped out of his Seat at the
report. A companion asked him about It.
I don't know why I do that," replied
Wfterson, "but the crack of a gun alwaye
makes me Jump. It Just startles me, that's
all. I don't Ilka the sound, either. I never
attend a show In which a pistol shot Is
part of the game If l"know about It tn ad
vance. It unnerves and worries ma."
Can't Get I'sed to It.
The noise of the big guns of a ship of
war Is a thing that few men In tha service
ever become really used to. There are of
ficers and men In the American navy who
iave been up and down the world on men-
war for a generation, and yet abhor the
yawp of the great guns as much today aa
the hated it on the first day they had to
stand for It,
Bronsed old flatfeet who know Tangier
and Tahltt aa well aa they know New
York, and who are as easy In their minds
when combing shellac alcohol out of their
mustaches with marllnspikea as when
quaffing ale at a yen a bottle in Nagasaki,
grow grouchy and flne-ladylsh under the
strain of great gun practice, and Incon
tinently damn the big barkers from "ell
hands" to "pipe down" of a target day.
Many bluejackets, in fact, purposely
break their liberty when they get the
chance. In order to avoid being on board
their ahlpa during great gun practice. A
man who did this was once hauled up to
the stick upon hla return to the ahlp, after
the big gun shooting waa all over. The
man he faced at the mast happened to be
Captain Bob Cvans, his skipper.
"Well, what have you got to aay for
breaking your liberty?" the skipper asked
the man. "You knew we were going to
sea for big gun work."
That's why I stayed on tha beech, air,"
frankly admitted the man. "Them guns
makes me tired."
"Five daya In Irona for him," aald the
i
"Tky snaaw
mo feel
ao goeaV
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MKZ3CAN
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,x1t mmt all faulsjiissHsss,
the first luff. Then,
latter. "But 111 ba
They make
me tired, too."
And Rear Admiral Robtey Evans hates
tha spouting of tha bis guns as much to
day as ha ever did, and makes no bones
whatever about admitting It.
Chinese Sailers Stark Mad.
Half civilised men, follows not highly
organised, endure tho noise of the enormous
guna much less gamely than men of a
auperior order. The Chinamen, for ex
ample, go all to plecea under the continuous
uproar.
Americana who helped to fight the Chlna
men'a naval battle at the Yalu aay that the
detonations of their own guns drove slews
of tha Chinese 'sailors stark mad, and made
most of them, officers as well as men, hys
terical and of no account for fighting pur
poses. They simply couldn't stand tha
aound and the concussion.
They grovelled at the feet of the white
gunners and begged them to cease firing.
Some of them Jumped overboard and per
ished by drowning to get away from the
uproar. Yet a Chinaman hasn't half so
much fear of death as the average white
man.
White men, enduring the thing for the
first time, havo to keep a mighty strong
clutch upon themselves to avoid doing
something foolish. Men new to the titanic
uproar have a peculiar and almost unre
atratnabla desire to scream with all their
might while the big guna are a-going.
The old timers who have conquered this
Impulse look dumbly and helplessly at ona
another during great gun practice, and aay
little or nothing. But they shake their
heads In a queer sort of deprecating 'way
after each stupendous report. These head
shakings express a good many things, but
nothing mora strongly than that the head
shakers wish to gee-whls that they were
somewhere else.
There Is simply no way of explaining Just
how It feels to be within close earshot of
the barking of the big guns. To know the
singular misery of It each msn must ex
perience It for himself.
Strain of Waiting;.
The mere concussion, let alone the strain
of waiting for each report, tells Bevarely
upon many of the strongest men. It catchoa
most fellows about the spine, and Jars
them all over and causes them to stay
Jarred for days afterward. Such attacks
usually pass away with a setiea of atrocious
headaches.
It is the nervous system that Is attacked,
and the hardiest and most rugged Bailor
men cave In under these attacks of con
cussion. It Is to be remembered, too, that
tha human being la about the only animal
capable of surviving the concussion fol
lowing the firing of great guna
Bhlps' peta dogs, cats, goats, birds, pan
thers, even snakes are always removed,
when possible, from the ships of war be
fore the big gun practice. The noise and
the concussion would kill them.
On one of the Chinese battleships during
the Yalu engagement more than forty
Chinese canaries, pets of the men, were
dead tn tha bottom of their cages from
the concussion before the fight waa well
under way, and the dogs and cats and
other animals on board the ships keeled
over, shocked to death by the concussion.
A few years ago, as an experiment, a
number of sheep were placed In the tur
ret of one of our battleships while one of
the big turret guns waa fired. After the
first shot, the animals were found heaped
up 'n a neat little pile, the deadest mutton
Imaginable. Yet sailor men had stood the
shock In that aama turret without any
permanent Injury.
Concnaalon Tear Thing-.
The concussion following the) firing of a
big gun on a man-o'-waf hlta a man on
deck like a sharp slap of 'wind, and when
the full service charges are used, aa tn a
battle, the concussion will rip and tear a
man's uniform Into rags. It seems marvel-1
ous that the man's body Is not ripped and
torn in the same way, and the fact that it
is not goes far toward proving that man Is
about the toughest and most leathery live
thing in creation.
But the fellows on deck are better off
than the unfortunate chaps down below
the men at their fire stations on the lower
decks, but most particularly the members
of the black gang, or englneer'a force. The
black gang1 fellows are, most of all, the
ones out of luck during big gun practice.
The detonations acme down the hatches
with a force of ooncuasion enormously
artpllfled by the narrowness of the passage,
and the machinists and firemen and oilers
and water tenders and coal heavers are hit
as by Invisible pile drivers. The advantage
of the fellows on deck consists tn the fact
that they can see when each shot Is going
to be tired, and brace themselves for It
and "lay against It," as they say
They have a chance to get to their tip
toes and separate their lower from their
upper teeth. But there la nothing doing of
that kind with tha black gang. They have
aimply got to take it aa It comes.
It is the horrible uncertainty aa to the
exact Instant when the next shot Is going
to be fired that tells on the man down
below. He tries to figure out by guess
work Just when the next explosion Is going
to happen, but thla la alwaya rain and
fruitless figuring. The explosion always
nails him when he Isn't prepared for It.
ine language iieara in me Dowels of a
man-o-war during the ring of the big
guns is simply saddening to listen to. New
York Bun.
Ten trips a week to the St. Louis expo
sttlon will ba voted to the most deserving
by Bee readers. Save your coupons.
skipper, turning to
sot to voce to tha
damned if I blame
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tCntenii UAJar Lav cowsv.
SUPREME COURT SYLLABI.
I In I suit for damages tor atlnatton
of affections. It is a good defense, on the
part of the guardian, that he advised the
ward from honest motives In a sincere
belief that tbe advice given was for the
moral and social good of the ward.
4. Instructions examined and held preju
dicial. b. 1'arngraphs of a petition which have
been struck out on motion shoo Id not be
submitted to tbe inspection of a Jury.
lSixa. TlnJull against 1'eterson. Appeal
from Kearney. Reversed. Amea, C Di
vision No. 1.
L A homestead of less value than $2,000
ran not be disposed of at administrator's
sale either for the discharge of encum
brances thereon, or for the payfnent cf
debts against the estate cf the decedent
and a license granted by the district court
purporting to autboriie such a sale is ab
solutely vtild.
X A homestead may be composed of con
tiguous parts of different governmental
subdivisions.
5. As a general rule a life tenant who. In
order to preserve the estate, has paid off
and discharged an encumbrance upon the
fee, Is entitled to reimbursement from the
reversioners or remaindermen.
133H9. Village of Oront against Sherlll.
Error from Perkins. Reversed and dis
missed. Duffle, C. Division No. 8.
1. Section 69 of chapter xll of tha Session
Ijuws of 1KS7 does not authoriie or con
template the ls.sue of negotiable bonds by
cities and vll ages to aid private parties In
the construction of a system of water
works for such cltv or village.
13392. Cndy agHinst Tsher. Error from
Fillmore. Affirmed. Klrkpatrtck, C. Divi
sion No. 8
1. Where It Is disclosed that the notes to
secure which a mortgage Is given are
barred by the statute of limitations at the
trnie of the commencement of the fore
closure proceedings, the .mortgagee Is not
entitled, tinder the provisions of the Code
of Civil Procedure, section 847, as It existed
prior to the legislative session of 1K7, to
a deficiency Judgment after the coming In
of the report of the sale of the mortgaged
property.
13414. Dorwart against Ball. Error from
Saline. Reversed and remanded. Hastings,
C. Division No. 1.
1. A partner's share of a single Item of
fartnersblp profits, the result of a single
ransaetion. may be recovered of a co
partner, who is retaining It. by an action
at law. If all the other partnership deal
ings are settled between the parties.
2. When plaintiff's evidence tends to estab
lish such a state of facts and wns admissi
ble under the pleadings. It Is error to In
struct the Jury to return a verdict for de
fendant. The following opinions will not be offi
cially reported:
13216. South Omaha against Ford. Krror
from Douglas. Remanded with directions.
Klrkratxlok. C. Division No. V. Unre
ported. 1. In an action to quiet title on the
ground of adverse possession for the statu
tory period, against a municipal corpora
tion, the city claimed title to the land by
dedication as a public street, but offered no
proof of this allegation. The plaintiff
showed adverse possession In himself and
grantor for more than ten years prior to the
commencement of his action. Held, that
plaintiff was entitled to a decree.
t. Where one goee upon land under no
oolor of title, but aa a mere Intruder, he
can acquire title by adverse possession to
only so much of tha land as he actually
occupies nnd uses for the necessary period
of ton yeara
l&il. Crook against Moore, Appenl from
Red Willow. Affirmed. Fawrett, C. Divi
sion No. 2. 'Unreported.
1. It Is the settled law of this state that
appraisers noed not be upon the land at
the time thoy make tho appraisement, pro
vided thy are familiar with the premises.
2. Evidence examined and held to sus
tain the finding of Uie court that the ap-
firalsers were familiar wth the premises
n controversy at the time of making the
appraisement.
I.l2ii8. Baxter against Avery. Error from
Hall. Affirmed. Duffle, C. Division No. 3.
Unreported.
1. Answer examined and held to state a
good defense to the plaintiff's petition.
13274. Levara ' ngHlnst McNeny. Appeal
from Webster. Reversed with Instructions.
Albert. C. Division No. 2. Unreported.
1. On the evidence presented. Held that
the finding of the trial court on the ques
tion of fraud should not be disturbed.
2. The provisions of section 65 chapter xxlll
compiled statutes, requiring a guardian to
take and subscribe an oath, before fixing
th time and place of sale of his wards'
real estate under an order of court, Is
mandatory, and a sale made without a com
pliance therewith Is void.
$. Such oath taken and subscribed by an
attorney employed bv the guardian to con
duct the sale, does not satisfy the foregoing
requirement.
4. While the law does not require the
guardian to act as auctioneer In conduct
ing such sale, it charges him with the ren-
eral supervision and conduct thereof, and
his a lit lion tv in that re ear d can not be
delegated to another.
NEGRO HELD FOR "ROBBERY
St. Joseph Man Charged with Trying;
to Steal Revolver and
Money.
Information haa been filed tn police court '
by Assistant County Attorney Oeorge A. '
Magney, charging Charles Hutchinson,
colored, of St. Joseph,' with grand larceny.
Hutchinson pleaded not guilty, stood trial
and was found guilty in police court. The
prisoner was bound over to tha district
court In the sum of $000. i
The crime for which Hutchinson Is
charged la said to have been committed
last Friday evening at the rooming house
of Beverly Jones, 219 North Thirteenth '
street, where Hutchinson has recently been
stopping. It Is claimed Hutchinson pried
open a locker and took $90 and a revolver,
and was caught at tha Union atatlon as
he waa buying a ticket for Kansas City.
Kew Germ Destroyer.
Dr. King's New Discovery kills consump
tion and grip gerraa Curea coughs, colds
ii nd lung troubles or no pay. 60o, $1.00. For
nil by Kuhn & Co.
A. C. Mueller Very Sick.
It Is aald that A. C. Mueller of Bchmoel
ler & Mueller, who has been confined to a
bed In St. Bernard's hospital In Council
Bluffs for some time. Is In a very critical
condition. He is suffering with what la
said to be the worst form of nervous pros,
tratlon, due to overwork, and little hopea
are entertained for his reoovery. During
the last day or two he has been resting a
little more easily, but the attending physi
cians do not Interpret this as a sure sign
of ultimate recovery, although they say
there la still a chance.
MEXICAN
Mustang Liniment
rwreai Carta, Hernus, Bnsiasxt.
MEXICAN
Mustang Liniment
oaarass Sprvlaa) suad Strains.
MEXICAN
Mustang Liniment
La a positive car fur II Us,
- - fas'""
11 I X.
at a 1
iCPETS
fn,
1L
Women Ca.n
Vote iiv Our
"Election.
We want to send sixty of the most deserrlnff people
for a trip to St. Louis exposition. It is up to The Bee
readers, however, as to w ho they shall be.
Everybody cai vote
mon, women and children
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Before the ' election" is over, you will want to help
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JlliL
Via the
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This is the road that makes the shortest time between
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Rules of the "Election"
The ten persons rccciviiiK the largest number of votes at the close of
each "election" will be furnished, at Tho Boa's expeiinc, as prises, each a
free trip from Omaha to St. Louis and return, to bo taken any time during
the exposition.
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The Bee.
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Publishing Company or to an authorized agont of The Bee.
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with Instructions given thorn.
The vote from flay to day will be published In all editions of The Bea.
The "election-" will close each Thursday at 6 p. m.
Votes may be deposited at the business olFtce of lite Bee or sent by
mall. No votes sent by mall will be counted which are not In tha Omaha
postofflce for delivery at 4:30 p. m. on the day of closing.
Address, "Exposition Department," Omaha Bee,
Omaha, Neb.
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hence why be content with free treatment and qnlrk cure aehemaa
that only aararravate your disease or weakness, allowing It to Insidi
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dering It much more dlftlcult for even skilled specialists sack as we
are to successfully treat.
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, all dlsei
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cult of Mi-cil:.' t r itIvkio dlHraws.
cesses or the res
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Is estublixhed for the benefit of suf
fering meu; for the purpose of curiug
the tcrritiUi dlxcases ami weaknesses
ihut destroy men s mental and physl
cnl powers, making thm unfit for
work, business, study or man-luge, de
priving them of the social dutU and
i;letuiurs of life, as well as marital
happiness. If you wish to be saved
iiml restored to perfect health and
airunglh, with mental and physical
;wrs complete, come to the men's
true speclallata and learn your true
condition. Out the right treatment
first and be quickly, safely and thor
oughly curod.
Wo nave devoted years of etudy to
the best methods of curing private
dlsoawe and weaknesses of - men,
spending thousands of dollars In re
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oua. Hood and private dlxttases and
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today Join In thanking ua for the new
loose of life our skill and ability has
opened ti them. Cum to ua and
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m Hydrocele
Varicocele
Stricture
Blood Poison
Rupture
N err ous Debt 11 tv
Produce Results
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