Nebraska Newspapers

    SYCAMORE
BY CY WARM AN.
(CopjTlllht, 1904. bjr Cy Wartnan.)
omsthln hia host Mid at dinner soma
passing- rtfersnce to the metsorlo rlM of
Mt. J. Bpncr At wood from law to Htwa
ture had ant that proifxroui youiif author
thinking on ths not verjr rcrte yester
days of hli lift.
Hs might have hailed a hansom; Indeed,
h could well aTord a earrings and a pair
of hla own, but this night be preferrod to
walk home.
In a narrow Ian Just on the gtrand ha
found himself at the street door of a dlnfr
brick building. Coming out of his reverie
he laughrd a noiseless little laugh, and
stood for a moment looking tip at a win
dew which, for yara, had been his one
opening to the world, llow many cigars
had he smoked, how many air castlea had
he bullde4 with one e'bow on the ledge of
that lonely lookout?
While, as a matter of fact, be had not
foreseen this fame which was come to him,
he had. In torn vague way, felt It, and
had xprtenced no great surprise at It
coming.
It was pleasant, after years of abeencs
from tho little lane, to stand there In the
midnight aliened and look up at the win
dow where he had dreamed soma of the
rosiest dreams of hla life.
A year ago he lived there.
Teaterday be lunched with the lord chief
Justice. '.
Today he dined with Gladstone.
Tomorrow he would sail for America. IT
was stealing; quietly away, for he hated
notaa and notoriety. Ha was going to visit
and to rest, t ,
"Goodbye, dear old stepstone, good bye,'
ha quoted and turned away.
As he walked slowly to his luxurious
apartments Atwood began to ask himself
why he had come back to the old place at
midnight and alone. Was It Mr. Glad
tone's rnfortnee to the old daysT or Mr.
Gladstone's old portT or was ha lotting hlm
etf In his work? '
Anyway he was glad that his stout limbs
had carried him back that he might take
leave of his old bachelor born before his
departure for America.
As he walked away with elevated chin
his foot struck a stone. He .paused and
looked down. Ho had stumbled .over the
Slab thnt covers Goldsmith's grave.
"What a narrow swath I shall be cutting
a hundred years hence," said Atwood, hur
rying on.
i ' ' ' ' '
Sycamore." always attractive, was never
more so' than now. Touhey, the old gar
dener, was arrnnglng the rustlo seats under
the great trees where the robins were riot
ing, when a carriage swung In at the lower
gat and rolled leisurely along the graveled
driveway, arched over by drooping bows
of ancient forest trees.
Atwood was charmed with the place. He
had come to Cauuda expecting to find only
nerw crude things and was agreeably sur
prised. He saw, too, that the welcome accorded
him was genuine. The hostess, Mrs. Peer
ing, was sister to bis mother, sweet soul,
who had gone from him when he was but
a boy. Hs admired her sons, sturdy young
fellows, just merging Into manhood and
taking their places In the. work of tho
world. Us was charmed by bis beautiful
cousin Helen, and greatly amused and en
tertained by his maiden aunt, Phoebe, who
seemed ever to be In the act of side-stepping
some sudden calamity, or shying at an
Imaginary menace.
Atwood was not only clover, but handsome
as well, and from the day of his arrival the
staid old country aeat took on holiday airs!
Almost Immediately telegrams began ' to
pour in from leading publishers, followed
by letters inviting the visiting author to
contribute to the magazines; while special
writers and artists from the big dallies be
gan to break a trail from tba big towns
to the northern shrine. '
At the end of a week all roads seemed
to lead, to "Byoamore."
To be ' sure Atwood knew his coming
would make soma noise, but hs had not
expected It would be as loud as this. The
space-writer and the koduker had estab
lished a. peaceful blockade of "Sycamore."
If ha showed bis head someone took a, shot
at him. 'One'perslstent ploture-maker, hav
ing stolen Into the grounds by night, hid
uuder a big blroli and actually photo
graphed the author in the swimming pool
while ba was taking a morning plunge.
It was probably this crowning audacity
mora than anything else that caused At
wood to accept an assignment to do a
short story la the Vein, originated, devel
oped and mad famous by him, for the
foremost magailne In America. The price
flaed by the publisher was fabulous, and tn
the even i of the author finishing the story
In a fortr. ht there was to be an honorar
ium. Which. If It bad noma tn Mm In ti.
form of a retainer when ho was a strugg
ling barrister, would have taken his breath.
HIS aunt, by this time, quits ready for a
few days' rest, be took into his confidence.
Hs was to have his meals In his apartments
and bs left alone. It worked beautifully,
for Mrs. Deerlng. being a woman, was an
arilst In the art of making you understand
without saying so In so many words. It
was as easy as being "out" when she was
In, or "In" when she had Just been "out."
In a few days everyone In the little city
knew that Mr. Atwood was indisposed.
Nothing serious, however probably out In
a week, or two at most, Jeanette, the par
lor muld, always ' wors a look of distress
when a caller asked after the author, but
brightened when assuring tha visitor tbat
hs would be out soon. Sarah, the house
maid, tiptoed past his door. Mary, the
cook, would have killed him with "delloa
cles" If he had eaten all she sent up, Tou
hey. the gardener, was grieved because of
Atwood's Illness, but glad of the oppor
tunity to drive the kodakers away.
One night Mrs. Peering was awakened
by the low muttering of distant thunder.
She fell asleep again, only to be wakened
by the same ominous noise. She wss one
of those women who can face any amount
f real danger, but who tremble In the
awful presence cf the Incomprehensible.
She got up and stood at the window.
Away In tha western sky the storm king
aas shaking his golden chains on a back
ground of dead black. Without the night
eras noiseless. Not a leaf was moving.
Mrs. Peering threw a shawl about her
Ihouldera and sat down to watch the
stornv. The leaves began to nod and sway
In the rising breeaa. Suddenly the great
trees seemed to shudder. A chain of light
ning leaped from tha black sky and darted,
moke-like, among the trees, leaving the
darkness deeper than before. Immediately
following this ferret-like flash a snow-
white figure emerged from the shadows of
. the great birch, paused up over the shoul
der of the hill and disappeared down the
steep bluff In the direction of the river.
A new, strange terror sat upon the sou
; CrtlYs Pa.rfltt.o Elat.
A trial bottle Is sent prepaid, free of ehanre,
ta vr recxiar of this paper who has ebroolo
btoinacb Trouble, VlstuWnoy. Ooiuiiix-uun.
Catrrk of the Mucous Mnnibrwo-, IohkmUoo.
ot Liver or Kidney, or Iun.iuui.Uuuo Hlt-iaar.
One doae a lr retkevas liuiumliuly. cures .6
aoiuuiiy. builila up U nervous njucm and pro
niutos a .arrr. purer and riolier blood aui ply.
fceveaty-nve ceius at Dm bioraa fur a Ur
bolUa, usual dollar slie, but every rculur ot
tula paper who needs mrdloine will be supplied
with a trial bottle ol 1'ruko s PilLoetto Wise.
!. ot clmnrs, l wrtiiiur lor II to Uruke For
mula QuuiiMitj, ttoeit UuilUiug, Cblwmu. Li.
99
of ths Ions watcher at the window. Shud
dering, she rose and stepped Into the hall..
The transom was dark over Atwood's
doer. He had retired, though hs bad been
In tha habit of writing long after mid
night. Off In another wing of the big
house ths boys were sleeping. She stole
softly Into her sister's room, which faced
ths west, and to her surprise found Aunt
Phoebe sitting at her window. Bhe, too,
was nervous and unusually distressed. The
two women camped together that night.
In their conversation, the little that passed,
each blamed the storm for her nervous
ness. Aunt Phoebe was up early the following
day and began to Investigate what ahe
called ths scandalous conduct of some of
the female help. She went after Jeanette
first, but the fiery little French-Canadian
parlor maid soon convinced, the self-op-pointed
superintending housekeeper that
she had not been out In her robe ds nult.
Then Aunt Phoebe stood Sarah up, and
Sarah Indignantly denied having left her
room during the night and promptly
handed In her "notice." ,
It took time, even for Aunt Phoebe, to
nerve herself to move on Mary, ths cook.
In two minutes It was all over and Mary
was packing up. "I've given notice," said
Sarab, as Mary, red and perspiring,
stamped up the back stair.
"I've given them a chance td fill me
place," said Mary.
Aunt Phoebe, baffled and alarmed, called
Mrs. Peering, who, after much diplomacy,
succeeded In establishing a truce between
her sister and the servants. u
"It s all very well tor them to deny it."
said Aunt Phoebe, when her slater chlded
her, "but I saw a bussy come up the river
path and pass around to the rear of the
house Just as you entered my room laat
night."
Mrs. Peering stared at her sister.
It was Sarah's night out that night, and
with the consent vf Mrs. Peering Jeanette
went with her.
It was midnight when the two girls en
tered ths lower gate and hurried along the
driveway, "There's where the oreadful
man hid," said Jeanette, "to photograph
Mr. Atwood in the swimming pool. Isn't
Mr. At"
Jeanette stopped short, grasped Sarah's
arm and stared In the direction of the
pool Out ot ths shadow of the big birch
a white figure fared, crossed an open, star
lit space and disappeared over the shoulder
of tha hill In the direction of the river.
The girls caught hands and raced for the
house.
A few nights after Louis, the elder of ths
Peering boys, returned late from a ban
quet. While ha was hunting the keyhole
hs heard footsteps as of a man running
along the driveway. Turning he saw a
woman running straight for the front door.
As she came near she fell forward and he
caught her In his arms.
As ha lifted the falling woman he saw a
white figure pass under a tulip tree on the
brow of the hill and then drop suddenly be
hind the bluff.
Young Peering, not wishing to alarm the
household, drew his find to the front of
the veranda and hold ber face to the star
light and began to look her over.
It was Mary, the cook. Ha laid her
gently down on ths door mat, plucked a
bunch of dew-wet leaves from a tulip tree
and fanned her face.
"Please sur," said Mary, "would you ba
so kind as to see me to the rear of the
house?'' i. '
. "Yes,' yes, Mary." said Peering, "you'll be
all right now."
As they passed around to tbs west aide
of the house Mary kept glancing back to
wn rd the big birch '. from - whose ' dark
shadows she could have sworn ahe had seen
a ghost appear. '. '
This thing went on until one by one al
most every member of the household had
seen the white-robed figure emerge from
the shadows down by the swimming pool,
pass over the hill and fade in the forest
that fringed the river's rim. ' ' '
They set a watch fn Mrs. Peering' room,
which overlooked the grounds to the south
and the river to the west, but the appnrl
tlon failed to appear. They watchod again
on the following night. Midnight and noth
ing came. Just as, they were breaking up
the watch Aunt Phoebe, who had been sit
ting by a west window, called excitedly.
"Look I Look!" One of the young men
sprang to the window. He could see noth
ing, but Aunt Phoebe declared she had seen
the white thing leap Into the shadow Just
beyond the tulip tree.
'. The whole household wss bv tnl ttma
becoming so demoralised by -the. constant
dread of soma dire oalamlty that Mrs.
Peering determined . to take Atwood Into
her confidence. The author laughed at first,
but seeing how his aunt was distressed he
promised to Tinke the ghost's acquaintance
at the earliest possible moment.
.That right he Joined the watchers, but
the ghost refused to walk. Another night
was equally disappointing.
On. the following night Mrs. Peering saw
It and told Atwood so. "I have a plan,"
said ths author, "you take my room, I'll
taks yours, and when 11 :W strikes I'll put
my work aside and watch tor your ghost."
For three nights he worked and watched
and waited, but had nothing of Interest to
tell his hostess when the next lay dawned.
Mrs. Peering returned to her apartments
and Atwood to his.
That very night he saw tha sprite. Aunt
Phoebe saw It, too, and took to her bed.
The servants had ceasud to take their night
out. "Sycamore" was a good Imitation of
a madhouse. Young Peering wired Chicago
for the best detective that could be had.
"Who has seen this thing?" was ths de
tective's first question.
"Everybody about tha place but Touhey
and the author."
The detective examined ths ground, and
discovered that the dirt had been spaded
up under tbs big birch. There was fresh
dirt on a spade near the lodge, though Tou
bey said hs had not used It for a week.
That night the detective sat with hia back
to a big' tree immediately In front of the
gardener's lodge, but Touhey slept Ilka a
log until ths sun came In at his window."
That day the detective -slept. Tbs next
night he sat In a dark closot at the end
ot a dlmly-llghted hallway, at the other
end of which was the entrance to Atwood's
room.
'Near midnight the light went out, but
the door never opened during the night
Toung Peering kept watch In his mother's
room. He owned thnt he had nodded, but
was positive ha had seen a white object
lor a brief moment on the brow of the hill
Atwood announced that his story would
oe completed and In the mall on ths mar
row In time to win the hnnnruium Mr,
Peering, who was almost the only person
permitted to see him, beard this with a
great sigh of relief, for Atwood's condition
was beginning to alarm her. H.
eating, hia eyes had a stony stare, the color
uua ten nis cneeas. At times be moved
and spoke like one half asleep. Hla voice
sounaea as ir it came irom a distance.
"Poor boy," said Mrs. Peering, "it s tha
ghost that a wearina on him."
for his third night's work ths detective
planned a blockade of the big birch. Two
of the Peering boys and a couple of tbolr
friends were to assist him, while, tha third
veering was to remain with Mr Peering
and Helen, Aunt Vtioobe was out of It al
TIIE OMAIIA
together, keeping her room day and night
Promptly at 11 o'clock ths watohers took
their places under ths great tress, com
pletely surrounding ths mysterious birch.
The detective having placed his men, took
up a post between the pool and the point
of the hill over which the ghost was aald
to have paeeod up n mors than one oc
casion. Nobody had ever Seen the ghost
coming In, but the detsctlve took It fof
granted tbat It would enter by the same
trail used when departing.
They had scarcely stationed themselves
when the low-hanging toughs of the big
birch parted and the white thing strode out
In full view. The two women at ths win
dow gavs a low cry, clutching at young
Peering, who hushed them. Every man
among ths trees stood stone still, awed by
ths awful apparition. Only the detective
kept a grip on his courage Hs stepped out
from the shadow of the tulip tree and stood
In the ghost's path. The watchers at the
window held their breath. Inspired sud
denly by the great courage of their leader
the sentinels, one after the other, left
their posts and hurried to his aid. The de
tective put up his hsnd ns If to hold thern
bsck. The little company paused. The de
tective stepped to one side, and the whits
thing ' passed on, disappearing among ths
trees. Ths detective, silhouetted against
ths star-studded sky, beckoned, snd the
other men hurried up to ths level of the
lawn. He put up his hand and they all
stopped short At that moment the white
object emerging from the shrubs, crossed
an open space and passed out of view at
the rear of the building. The detective sig
nalled again and the others followed him
to ths front of ths house. Ths watchers
within Joined them. Up over the roof of
ths summer kitchen cane the ghost. Helen
hid her face and shuddered. Along the eve
trough the white-robed object hurried to
ward the front of the houss. "Hus-s-h,"
said the detective, "it's Atwood. If you
wake him he'll fall." At the end of ths
roof the ghost sat d.own, took hold of the
cornice, lowered himself by one hand and
dropped lightly to the porch roof and step
ped In through an open window to Mr. At
wood's room.
The detective signalled and they followed
him Into the drawing room.
In an hour they were all comparatively
calm.
The detective, who had oeen upstairs, re
ported Mr. Atwood sleeping like a tired
child. A heap of manuscript lay t'pen his
table with the word "Finis" written on the
bottom of the last page.
By this time the family Joctor, who had
been called by telephone, arrived.
"Let him sleep," ssld the doctor, when he
had heard the story and looked the patient
over. 1
Just ns he was about to leave the room
the doctor noticed the stack of manuscript,
turned It over and read the title of the tale
that Atwood had been living for a fort
night: 'The Ghost of a Miser."
SUPREME COURT SYLLABI
The following opinions will be officially
reported:
11948. Rank against Garvev. Anneal from
Pouglas. Former judgment auheied to.
names, j.
L Hector-Johnson Co. aaaJnat Rlllinirsi 01
N. W. Hep., 13, distinguished, and our
former Judgment, (U N. W, Rep., 1025, is
adhered to.
11M66. Uotbwell against State. Error
from Cherry. lie versed and remanded.
tioicomu, u. j.
1. Ths aenerallv accented teat of resoon.
slbility fur crime Is the capacity td under
stand the nature of the act alleged to be
criminal and the ability to distinguish be
tween right and wrong with respect to
such act. Schwartz analnat Sta.t (Nt-h t.
1 N. W. Rep., 190.
x, Moral insanity as a criminal defense
Is not recognized In this state. One who
knows abstractly what Is right and what
Is wrona must, at Ma neril. nhona tha
right and shun the wrong. He cannot yield
to a vicious impulse ana allege mere weak
ness of will as an excuse. Id.
i. An Instruction on the question of In
sanity In principle substantially ths same
as one given In Burgo against State, 26
Nebr., 613, and approved, held not erro
neous. 4. Inatruotlon concerning what Is a rea
sonable doubt held not prejudicially erro
neous, following Lelsenburg against Stats,
W Nebr., Kis.
o. in on-expert witnesses can be permitted
to express opinions as to the sanity or In
sanity of a person only when they have
shown other sufficient qualllication.i. and
have stated the facts and circumstances
upon which their opinion of mental condi
tion is based, juamb against Lynch. 55
Nebr., 133. .
U767. Kmanuel against Barnard. Error
from Podge. Affirmed. Barnes, J.
1. Where, by attachment - nroceedlnn
Without any fraud or irregularity, certain
oona nae creditors or an Insolvent corpo
ration secure the application of all of the
corporate assets to the payment of their
claims, the fact that the directors of the
corporation who had guaranteed the pay
ment of such claims requested, and thus
induced the creditors to Institute the at
tachment suits, without giving the ssld
creditors any advantage or rights other
man tnose wnicn aa a matter or law iney
already poaaeaaed, does not make such di
rectors liable In an action at law to the
Other creditors of the corporation..
i. one is not name in tort tor procuring
or inducing others to pursue a clear legal
right, although such aotlon may result to
his advantage.
J. In an action at law a prayer for equi
table relief is of no avail unless the uetl-
tion states facts which will authorise the
court to grant such relief.
4. A single creditor cannot maintain an
action at law against a part of the stock
holders of an insolvent corporation for the
violation of the provisions of section 136,
chapter 18, of the Compiled Statutes. Suoh
action should be brought In equity by the
receiver. If there bo one, or by a creditor
on his own Denau, ana tor an tne other
creditors similarly situated, against all of
the stockholders of ths corporation.
S. A plaintiff In error is not entitled to
have a Judgment of the district oourt re
versed beta una the rights of a part of ths
defendants are not adjudicated, when no
right of recovery exists in his favor
against any of them.
tf. In such a case the question as to
whether there was a misjoinder of causes
of action or of parties does not affect the
plaintiff when ie is the only party com
plaining. 18:3. V. 8. Fid. tt Guaranty Company
against Ettenhelmer. Error from Lancas-
M
bA -a 'aft
DAILY IfEE: SATUKDAY,
TIIE
ILLUSTRATED
BEE
JAPAN'S POSITION IN WAR
with Russia la the subject of
an Interview had by Mr. Frank
O. Carpenter with the Japanese
rainlHter to the United States. It
Is one of the mot Interesting con
tributions to the discussion of the
present controversy and forms the
lending, feature of the number of
The Illustrated Bee that will be
out on Sunday. Another article on
a similar topic is a character sketch
of General Drngomlroff of the Rus
sian army, who Is considered the
real head of the military operations,
Kouropotktn being considered a
mere lieutenant of General Drag
omlroH. A story of a Macedonian
Incursion into Turkish territory
gives vivid light on one of the
phases of the transcaucaslan ques
tion. It Is Illustrated from photo
grnphs made In Macedonia. Auto
moblllng In Omnha is treated with
much care and detail, and gives
considerable Information concerning
the topic in a general way with
a good deal of detail as to the out
look for the trade and the advan
tages offerM by owning one . of
the big machines that are now so
popular. It Is Illustrated from
photos made for this article by a
staff artist." New York Clty'g great
prowth Is the subject of another
special article, illustrated from re
cent photographs, showing how
Gotham Is torn up to be rebnllt. A
fine picture of Hon. E. J. Burkett
the nominee of tho republican state
convention for the otHce of United
States senator, will be found on the
front page, with a story thnt tells
of Mr. Burkett'g rise In politics.
Several other pictures of local in
terest will be found In this number.
Including a group photograph of the
recent state meeting of the United
Commercial Travelers at Fremont.
The serial story, the Illustrated
Woman's Department, and all the
features of the pnper will be found
complete as tisttnl. If you are not
already a subscriber, you should
leave your order with your news
denlor t-vlny.
TIIE
ILLUSTRATED
BEE
ter. Affirmed. Sedgwick. J.
1. One who executes a bond under cir
cumstances that would estop him to assert
its Invalidity for want of consideration
cannot, in an action upon the bond, avoUl
liability on the ground that ' plaintiff is
estopped to assert that there was any con
sideration for the bond. Estoppel against
estoppel sets the matter at large.
2. A bond In pursuance of a statute after
wards held unconstitutional la not valid aa
a statutory bond, but may be valid as a
common law contract, if supported by a
consideration independent of the statute.
a, A bond, given in an attempted appeal
In an aotlon of forcible entry and deten
tion, conditioned for the payment of rent
is valid aa a contract. If the obligor has,
by reason- of the bond, retained possession
or the premises, though ths statute author
izing such appeal Is afterwards ' held un
constitutional. 4. One ct three persons who are ap
pointed attorneys In fact by power of at
torney may act for the principal, If the
power of attorney contains no provision
requiring more than one to Join In the aot.
1X&& Hackney against Hargreaves Bros.
Error from Lancaster. Former Judgment
adhered to; reversed. Holoomb, C. 1.
12644. Hackney against Raymond Bros.
Clarke Co. Error from Lancaster. Former
uds;ment vacated; reversed. Holcomb,
1. A creditor of a bankrupt cannot escape
the consequences of the bankruptcy act
regarding unlawful preferenoea by aaalgn
lng hla account to a purchaser of the p
erty of the bankrupt under an arrange
ment whereby such pui-chaner offers to as
sume the liability, and satisfy such ac
count contingent upon the purchase of the
bankrupt's property, and where In the sale
of such bankrupt's property ss a part of
the consideration such purcnaaer agrees to
and assumes such liability and reserves
from the purchase price an amount suffi
cient to satisfy ths same.
2. In such case the legal effect of the
transaction la to appropriate out of the as
sets of the bankrupt the amount required
and used In the satisfaction of auch claim
by the purchaser assuming tha liability,
and other essential elements not being
lacking, an unlawful pref'-ence in favor
of such creditor results Hi from.
t. In a contest between a trustee In
bankruptcy and one sough: to be charged
as a creditor having received an unlawful
preference the schedule of liabilities flled
by the bankrupt In the bankruptcy pro
ceedings la admissible In evidence on the
Issue of insolvency as tending to prove
the Insolvency charged.
4, Hackney agalnat Hargreaves Bros.
(Neb.), 81 N. W, Rep., 626. adhere to.
13244. La Rue against Parmele. Appeal
from Cues. Motion for rehearing over
ruled. Sedgwick, J.
1. In a suit In equity to set aside a con
veyance of real estate, where the right of
possession la in Issue and depends upon
principles of equity that must necessarily
be determined by the court. It Is the duty
of the court to determine the right of pos
session, and if all parties Interested are
before the court to put the party who is
entitled thereto In possesalon.
18. Ttndail aaalnst Peterson. Appeal,
from Kearney. Former Judgment modified.
Ames. C. Division No. 1. ,
1. Ordinarily a life tenant who pays off
an Incumbrance upon the fee, will be en
titled to be reimbursed by the reversioner
or remainder man, the amount so paid less
iiicweii
The Burden
--
Of fatigue vanishes in a
steaming cup of
Ghirardelir
Ground
' Chocolate
A delicious, nutritious
drink that strengthens
and satisfies.
Always fresh.
Alwavs read fsf use.
MAY 21, 1904.
sueh sum aa will equal We pree-nt value
of the annual Installments ot Interest be
would have paid duiina bis life. If the In
cumbrance bad remained SO long In exist
ence, wun lawful Inierest on tne .residue
so ascertained from the oate of payment
t Although minors may not be bound
either by contract or by estoppel, equity
wlU not lend its affirmative aid to enable
them to take aa unjust advanuge of the
mistakes or misfortunes ef their adver
saries. Uu.. Trubull against froy. Error, from
Kearney. Affirmed. Holcomb, C. J.
L Evidence examined and found sufficient
to sustain the verdict of tho Jury.
13K34. Hofrlchter agalnat Enyeart Error,
from Butler. Keversed. Ames, C. Pl
Vlalon No. L .
1. Presenttneat, notice and protest of ne
gotiable paper, In order to be effectual to
bird an enuorser, must be by one lawfully
authorised by the holder to make them.
IUH. Win net t against Adams. Appeal,
from Lancaster. Affirmed1. Albert, C Ll
vlnion No. 2. Sedgwick. J., concurring
separately. ...
1. A civil right la a right accorded to
every member of a district, community or
nation; a political right Is one exercisable
in the administration of government.
2. A oourt of equity will not undertake
to supervise the acts and management of
a political party for the protection of a
purely political right
1341. Warden against Ward ell. Error,
from Washington. Affirmed. Ames, C
1. Equity has Jurisdiction to aupply the
omissions and defects of legal procedure
when necessary to accomplish the ends of
the law and to the due administration of
Justice.
2. When a husband dies the owner ot a
tract ot land selected a.id occupied oy
himself and" family as a homestead, but
which exceeda the value of $2,000 and which
la ao situated that the dwelling house, and
the grounds upon which it stands, to the
value ot tne nomestead exemption, cannot
oe set apart from the residue or tne tract,
upon application of the administrator to
decree the sale of the whole trsct for the
fayment of tho debts of the deceased, and
o direct that of the nroceeds of the sale
$3,Ou0 shsll be Invested at Interest during
tha life of the widow, the Interest ana in
come thereof to be paid to her for her
own use until ner aeatn ana upon tne nup
Denlna- of that event, the principal to da
acend aa in caae of other auch exemptions.
. A homeatead exemption Is by the law
of this state limited to the value of 12,000,
and if. upon the death of a husband the
dwelling and the tract of land adjacent
thereto selected from his estate, and oc
cupied by himself and family as a home
stead, exceeds that value and Are so situ
ated that the dwelling, together with the
tou pus 'up tun s ) u,oqAt uodn epunojj
exceeding that value, cannot toe set apart
from the residue of the tract, no legal
estate In thn land or In any part of It
passes to the widow and heirs under the
homestead act. but In lieu thereof an
equitable interest to the value of 22.0P0 tn
the entire tract does pass to them there
under.
1347. Allen aa-at-iat Dunn. ADDeal from
GarPeid. Affirmed. Klrkpatrick. C. Divi
sion No. 2. '
L A mortgage securing a note contain
ing a provision that In case any taxes or
assessments shall be levlel against the
legal holder of the Indebtedness on accmni
of the loan within the state In which the
mortgaged property Is situate,, renders the
note non-negotiable,
2. A note and mortgage executed at the
same time and as parts of the same trans
action will be construed together, and the
purchaser of the note and mortgage win
be charged with knowledge of tho contents
rtf the mnrta-na-e.
2. Contraol for ths loan of money aa set
out In the opinion, bald to tie usurious.
4. There Is no authority under the laws
of this state for the taking of Interest on
anv Inmn nr fnrshearanee of money for more
than one year In advance, for the purpose of
obtaining rr.ore man en? legut raio ui in
terest on the money loaned.
I. An answer will be liberally construed
with a view to upholding It as stating a
defense. If Its sufficiency Is challenged for
the first time on appeal. A
. Evidence examined, and held sufficient
to suataln the plea of usury.
13502. MeAdame against McCook. Error
from Red Willow. Reversed. Oldham, C.
1. When a city makes provision by sewers
or drains, for carrying oft the surface
water. It may not discontinue or abandon
the same when It leaves the lot owner In
a worse condition than he would have been
If the city had not constructed such drains.
1 It Is well established rule of this court
that an instruction not warranted by the
pleadings nor evidence, will require a re
versal of the Judgment If It have ft ten
dency to mislead the Jury, Easterly aalnst
Slyke, 21 Nebraska, 611, followed and ap
proved. 2. Instructions examined and found pre
judicial. . . ,
111608. Bolt against Anderson. Appeal
from Hamilton. Affirmed. Albert, C Di
vision No. 2. , " . '
i. The acknowledgment by . both hus
band and wife, of an Instrument whereby
It Is sought to convey or Incumber a
homestead. Is an essential step in the due
execution of such Instrument ' . '
1 That such Instrument was thus
acknowledged should appear from the In
strument Itself In the form of a certificate
of the officer before whom the acknowledg
ment was taken, and In the absence of auch
certificate, it la not competent to show by
parol that the instrument was in fact
acknowledged. .
13517. Ebers le against .Omaha National
bank. Error from Pouglas. Affirmed.
Ames, C.
1. A part payment operates to revive a
contract debt, barred by the statute of
limitations of Its own vigor and not as evi
dence of an acknowledgment or new prom
ise Z Ths evidence in this) case held to be
Insufficient to support the defense ot the
statute of limitations.
1532. Omaha 1 T. Co. against Omaha.
Appeal from Douglas. Affirmed. Ames, C.
Division No. L .,...', . ,
1. A purchaser at a Judicial sale of lands
offered subject to apparent liens, who makes
no attempt to have the priority, validity or
amount of the latter otherwise adjudicated
until after confirmation and conveyance, is
estopped to Impeach them.
13588. Btrong against Eggert. Error from
Dawes. Keversed. Letton, C.
1. A verdict clearly contrary to the In
structions of the court should be set aalde.
2. Evidence examined and held, not to
sustain the verdict.
1S460. Kennedy against State. Error from
Colfax. Affirmed. Barnes. J.
1. Evidence examined and held sufficient
to sustain the verdict.
1 Where one Is arrested for the crime
of burglary evidence of what wa fTd In
hla room at the time of his arrest together
with his conduct and statements on that
occasion. Is proper and competent as tend
ing to show hla consciousness of Innocence
or guilt, as the case may be.
i The attempts of the accused to escape,
while confuisd In Jail awaiting his trial,
may be shown as an inculpatory circum
stance properly to be considered by a Jury,
and to be given such weight as It seems
fairly entitled to, with the other evidence
introduced at the trial, In determining the
oiielon of his guilt or Innocence.
14M. Luft against Hull. Error from
Cass. Affirmed. Ames. C. Division No. 1.
Unreported. . ...
A county Judge is without authority to
order the ameudment of a verdict after tha
same has been returned and tha Jury dis
charged. Watch for ths automobiles In next Sun
day's Bee.
Men's Hats
Ask to see our
"Young's Black"
Hat. It Is a
black derby to
ths latest shapes.
Frlea onljr
01.98
'-'i tAta jW
ttta & rRfun
Tke People's Iwrnfwre
Jt rret Co.
MEN'S CLOTHING-CASH OR CREDIT
Men's Suits la Large Variety ot the fashionable paitrn, fancy
mixtures, stripe and plaida, stylishly out, carefully f "I C
tailored end perfect fitting-, a regular 115 value, on sale III- I Zj
tomorrow, at only w
flen'g Plain and Fancy. All Wool Suits with hand padded shoulW,
self retaining hair cloth fronts and foiled collars, flt O "TP
guaranteed, regular S10 value, priced for tomorrow, Oi I 53
at
Men's Pants made of all wool cheviots and pure worsteds. In I Q
black and a large variety of this season's stripes and plaids, aaV J
12 values, on sale at.
Outing Suit Given Away Tomorrow Right.
See 16th Street Clothing Window
Dig Clearance Salo of Ladles' Suits.
Tho new all-around blouse suits, the new
novelty eton suits, regular $30 values, will
be sold Saturday as a special inducement at
$14.75 a suit. These garments are made by
the very best New York makers, made of the
very best materials, very best linings. The
suits when seen talk for themselves. This
PPICfi HOLDS for SATURDAY only. These
suits are made oi vones, eiaminca,
outing cloths and novelty mixtures.
Very neatly carried out as to aiyic.
CUT" very Important FACTOR.
These suits will appeal to ladles
of TASTE. On sale tomorrow only,
tor
fmUKERY.
As a special inducement in our millinery section, we will sell Q JQ
all our M and S6 hats, black
foliage and ribbon, at
$0nly a Dollar $
may be the foundation of a great fortune. Savings ac
counts Increase regularly and drawing k per cent increase
very rapidly.
Oldest Saving Bank In Nebraska.
City Savings Bank,
16th and Douglas Sts.
WOULDN'T YOU LIKE TO BE
' ELECTED
71";v- s
j. a. a.
o
TO TAKE A TRIP
-
'Bhe St. Louis
Exposition
AT THE EXPENSE OF THE BEE.
9
A little hustling among your
friends will make you a win-
ner.
COUPONS
PAGE 2.
ITS TEN CENTS -
What To Eat
Bend for opr. 10 seats or tl.Ou yr.
Reliable Hsejth arttdae, Table 8ter.ee,
Jwta, room.. Clever Teaete. good
(Head to brts-btea your leisure mo
ments. Pull ot novel suxtesUons tor
n tart aj nine.
Tka lm HwlU hlWIa an-'Dv mmm
el fc awttaiar a4 kavUr It tta M im
.r. 4n of Cfel. woriixt pabHLlefi."
WHAT TO aUT UMentktv MuuW
Wasltfcaatee s east t-Ut Ave Cfcaaa
CMICMlSTCat-a t lUUtH
1 1 r-rt rt-M"
t 11. Ik -4 A-tA IU. I i4
l.aara. ai.Wllt.Uo.. " I1"
Itln lif.uo,
uM kr I'.rtl.al.n, Tli.'U
M ' Umlimi (W I "" .'".?
tmrm Umli. ! r-.u ""
a sw f -- raw
523331
IWs Shoes
Latest styles
and leathers,
tegular S3 values,
w iiiFi5r
on sale tomorrow
stouts, omam-
At OI.G5
m
14
75
and colors, trimmed with
.iUJ
SSS1
EB.1
TO -
sees
Exposition Department,
Omaha Daily Bee,
Omaha.
Charges Less Than AU OtherS.
DR.
McCREW
SPECIALIST.
TrMtsairaraMsf
DISEASES OF
MEN ONLY
A Medical tUpirt.
2 Yaers HspsrUnce.
It Viarsln Om.be.
httiif M.0M Cam Cr.
VarlMMDU. Hjru.l.. IUmS rot. 'ff.'r
01t. hw-rotj. 6.bllur, Ixa ol 8lruit sad VllU
Ur all form, ol ahi-aiin !
Tr.liuul Uy ai.ll. CH wrlia, sea i
GBc ,ru Ui a St.. Uuiaa.
For Menstrual Suppression
KT.s'SSS. PI3N-TAN-GOT
St a ; koiM. H Sol t la ftai.ka kr Sh.na.a
MvUbsU Otu te.. Mall srAm tll. Tiee auvvU.4