Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 17, 1908)
THE 0MA1IA SUNDAY BEE: MAY 17, 1908. 0 Books and No one should fall to read "The Slaughter of the Trees," Emerson Hough's astonish ing statement of facts that appears In the May number of Everybody's. It blaxtngly expos the corruption and wastefulness that Is allowed to exist In our forestry conditions, pointing out the undoubted re sult of our soon having no trees at all. Hamlin Garland gives the second of his series describing his own experiments, 1 those of great foreign scientists. In the field of psychic research. Dr. William Hanna Thomson contributes "The Real Belt and Drugs," presenting some vital physical and medical truths In an entirely new light; wtollo Ernest Poole, In "A Clearing House for Trsmps" gives some sidelights upon the Industrial tramp find what Is being done for him. Verse is par ticularly strong this month. In fiction, too, the May number Is fortunate. "The Loy alty of Wlllla Elnple" Is a fine study by Maximilian Foster, and Eugene Manlova Rhodes' '"The Awaited Hour" Is a story full of vigorous action. In lighter vein are James Hopper's "The Fishing of Biisannle" and "The Prodigal," by Porter Emerson Browne; while O. Henry's "The Head Hunter" Is one of the most delightful things that he has written for many a day. Bessie R. Hoover has a simple love-story In "Across the Fields," while to the "Little Stories of Real Life" the contributors are Alice LouIbo Lee and Fanny Antlsdel Simons. The World's Work for May begins a new and unusual service a bureau of Informa tion for the man who wants to know what kind of an lrauramje policy to buy, what pitfalls are to be guarded against and where he can get exactly what he needs. An Insurance article will be published every month, and the reader Is also en couraged to apply by letter whenever per plexing insurance questions arise. "The Makltig of a Successful Husband," by Casper B. Yost, Is nether a text-book nor a story, but a aeries of letters from a father to his son. In which he discusses tho practical questions of "spending and saving," "boarding or keeping house," "the wife's allowance," "dollars and debts," "the wife's relations," etc. The practical seriousness Is relieved with witty epigrams. The O. W. Dillingham company Is the publisher. "Two Royal Foes," by Miss Eva Madden, sister of the famous author of "Emmy Lou," Is the history, written In story form for children, of Napoleon and Queen Louise. Miss Madden says she has never written of a country without being In It, and her book, "Two Royal Foes," has certainly Interpreted In a remarkable way the romantlo atmosphere of Central Ger many, as it was a hundred years ago. Published by the McClure company. "The Under Groove," by Arthur Stringer, the well-known author of "The Wire Tap, pers" and "Phantom Wires," can best be described as a story of pure action In which the hero, a young fellow of the most at tractive personality. Impelled by some out side force over which he has no control, plunges one after another into a series of the most reckless and dangerous adven tures. By a frak of fate he Is enabled to perform many services for the daughter of a millionaire, Edith Shaler, whose destiny early threatens to become woven into his own despite the wide social gulf that divides them. This . book has been de scribed as Mr. Stringer's best and most ex citing novel and. In the tense quality of Its Interest, as surpassing any this author has yet produced. . The McClur company la the publlaher, . "Folka Back Home," by Eugene Wood, as the title Indicates, deala with the same conditions of life and the same types of character aa the author's earlier book, "Back Home." What Mlsa Wilklna haa done for the New England which ia now fast fading Into the past, Mr. Wood has done for the New England of Central Ohio, which was settled so largely by people of old eaatern stock, and has already gath ered an antiquity and traditions of its own. Mr. Wood's rjew book reveals In him, not Only qualities of humor with which we are already familiar In his work, but admirable qualities of the story-telling art. Published by the McClure company. Alout this time of year the man with a hoe goes out In the back yard, resolving to fool the green grocer and grow his own "truck." Turklngton Baker's "Yard and Garden," Is for the amateur first and last, for the expert amateur as well as for the beginner. It tells what to do and how to do it, and tells It orv the basis of conditions In America. It contains Information that Is based on the experience of years. The amateur, who so often I unable to find definite Information as to where and when to plantas to the selection of trees, shrubs, vines, perennials, annuals and hardy and tender bulbs, will find In this book the In' formation he requires. He Is told how deep and how' far apart to plant, when to plant, how to prepare the ground, how to cultivate after planting, how to water, what fertilizer to use and how to apply It. The subject of soil Is made clear, and especial atten tion Is given to lawns. The beginner may learn also how to plan his home grounds and he is assisted In the work by a number of model designs. Published by the Bobbs Merrill company. In hla luteat novel, "The Great Secret," H Phliltp Opoenhelm duals with an inter national conspiracy In the same interest compelling manner that characterizes his nut popular stories. An American girl possessing both beauty and brains fur nishes the author with a most captivating heroine. The "Great Secret" U replete with Incident, all the characters are strongly drawn and humanly Interesting and the culmination of the plot 1s a tremendous International coup, dramatic to a degree never before reached by even so successful a atory writer as Mr. Oppenhelm. Little, Brown & Co. la the publisher. Among the new books of fiction 1 "The Sentimental Adventure of Jimmy Bul etrode," by Marie Van Vorst. The at tractive and likable personality of Jimmy Bulstrode and his Ingenious and unexpected adventure In love and life give this book a rare charm. The humor, the sentiment and the cheerful originality of the hero make him a unique figure In fiction. Whether h buy a Christmas tree under highly original and very characteristic cir cumstances, or surprises some people Into being hppy. or fall In a gallant attempt toward th ame object, or collect curios, cr reks lov through many adventures to the final outcome of the romance that knits the book into a novel or deep inter est, he Is -always a strong, fine nd delight fully unusual character. Pub'Uhed . by Charle Scrlbner" Bona, Th Bell Islera," by Richard Brlnsley Newman, la th keenly humoroua account of life In a country town aa experienced by the family of a mlnlater of almple tiearted honety, which quality U fully taken advantag of by th townspeople. On of th uppod family write the torv and 1 really a prominent clergyman, who withhold hi nam. Th hrewdne, th hypocrisy , tha hlfyeaanea and the iartlally redeeming goodness of heart to t found I unpromising Individual ar all Magazines brought out In away that strikes home to I tho reader, while the pathos that Is never tar from real humor is strongly present. The deep underlying purpose of the author is by ridicule to teach mean human nature! a lesson and shame it Into bettor fashions. The remarkably clever work of Mr. Wal- lace Goldsmith, the favorite artist of the Tintnn HersM does much to brlnsT out the mirthful qualities of the book. Lothrop, Lee & Shepard company Is the publisher. A singularly striking episode In the llfo of a girl Is presented by Brand Whltlock, Toledo's present "Ooldlen Rule" mayor. In a story he has written for the May Red Book Magaxlne. The story's title Is "The Girl that's Down," and It offers. In a terse, condensed form, Mayor Whit lock's attitude toward one phase of life In the greater American cities. Another American story of quite another sort Is "The Shock Ab sorber," the story of a motor party's ex periences In Mexico, by Bailey Millard. Every admirer of pearls will be Interested In Albert Dorrington's story, "A Deal in Planets." in which he gives a startlingly real picture or the great nsnenes or me Torres Straits. "A Bargain In Antiques," by Michael White, Is the story of a second hand piano that will bring smiles to the face of every "flat dweller." Henry Oyen's story of palmistry and accident Insurance is a very funny story, and "Lee Clay- burgh Quitter," Is a golf tale that carries with it all the charm of the links. In "Deep Waters," Edward ChJlds Carpenter tells a story of love, counterfeiting and the secret service. One of the most grip ping stories In the Issue Is Lieutenant Hugh S. Johnson's tale of a coward who was a hero. The title is "Kettles and Heroism." "The Heart of the Red Firs," by Ada Woodruff Anderson, author of several magazine stories of the west. This, her first novel, is a story of the Puget sound country in the '70's after the completion of the Northern Pacific railroad. It is not historical, but chronicles conditions of that epoch now drawn to a close. The Hudson Bay company, after Its withdrawal from Fort Nlsqually, left some Interesting char acters In these settlements, and It was Mrs. Anderson's good fortune to remember them. The crowning achievement of the author Is her portrayal of the heroine, the modern American woman In a new country, strong In executive ability, clear-headed, endowed with foresight and memory, but still dis tinctively faminlne and always charmirw. The Illustrations are by Charles Grunwald. Little Brown & Co. Is the publisher. "Old Mr. Davenant's Money" belongs to the list of books that should be laid aside for hammock reading, when the days are long and the brain objects to effort. It is a romance of Long Island, with a neat little mystery coupled with the disposition of a rich man's money among his relatives. It furnishes a very good picture of the doings at a summer colony and is entertaining enough. It la from the pen of Francos Powell and is published by Scribners. "In the Affair at Pine Court," Nelson Rust Gilbert has demonstrated that It is not necessary to go to Alaska or Into the raw. His story is of the experiences of summer dwellers In the Adlrondacks. In eluding the development of a fued between the squatters In the mountain and the rich city folks who have established .heir sum mer nomes and game preserves there. The story Is one of thrilling adventure and la well told. Published by J. P. Lipplncott, Philadelphia. Robert Underwood Johnson, the new edition of whose "poems" Is issued by the Contury company on the completion of his thlrty-flfth year of service with the maga- line now known as the Centuryjiaa been the associate editor of that perlouical since 1881. His first poem. "To Ralnh Wniitn Emerson, on the Death of Garfield," was I percentage of recoveries almost equals that the last accepted by Dr. J. G. Holland for of recoveries from bullet wounds In the the magazine. Since that year Mr. Johnson abdomen. An Injury to the most vital or has been a steady, but not a voluminous, gan is, with modern surgery, no longer writer of verse, and what he haa written has been characterized by much variety or theme, class and metre. The present volume challenges attention. as Matthew Arnold says poetry should, by Its criticism of life. tne four-Pools Mystery," by a well known writer who wishes to remain un known for the present, 1 a tory of mys tery and tragedy, with the ring and con viction of a record of actual fact. "Four- ' Pools" Is an old stock farm In tho beauti ful Shenandoah valley; and here a Now York lawyer, a cousin of the family, goes for a vacation, just In time to beoome a """ vt cur.ous ining ana or the i. i. . . , l,,,""e"" lo mvoive in ... Bu uwa OI lne la8 ... oiiiiij, ( aiio v-cmury company is tne puDiisner, Altars to Mammon," by Miss Elizabeth Neff, Is the author's first long novel. One or the most striking things about this book Is its unintentional "timeliness." Although written over two years ago. Its problems involve issues that are of Interest and im portance at tho present moment. The novel sounds deeply the saloon evil, and shows the strength and weakness of the forces back of it. Nor Is the book less nronhetlc wnen tne problem of tho rich man and the church arises. The development of those and the other current Issues In which the book touches Intimately is certainly all tho more convincing because they have neither inspired the writing of the book . nor been drowned In later bv th ii,i. Thelr "timeliness" must be accounted for solely on the grounds that the author her. self, truly alive and truly American, has the prophetic habit of mind. The Frederick A. Stokes company is tho publisher. In Three Weeks In Holland and Bel- glum, by John U. Hlglnbotham. Is pointed out to those who can afford the expense. that they can also afford the time for a vacation trip abroad. Four years ago Mr. Iliglnbothnm, who Is a business man, also an optimist and a man of energy, wrote a book entitled "Three Weeks in Europe, or The Vacation of a Busy Man," based upon his own experiences while traveling abroad. Out of this first success came tne idea that there was a field for a Series of travul books showing' what a busy mun could do by taking a week to go and a Week to come, with two or three weeks on the other side Just about the time the av erage man could spare for a vacation trip. The new volume is illustrated with fifty two half-tone pictures, all taken by4he author, but entirely out of the usual. And now there Is announced a "Three Wn.ks Abroad Series." under the authorship of Mr. Hlglnbotham and published by the Uellly & Brltton company, Chicago. "The Castle of Dawn." by Harold Mor ton Kramer, author of "Hearts and the Cross" and "Gayle Lang ford." Is a story of love, recklessness. Intrigue, braveiy and final good fortune crowning as v. 11 J an episode a ever was shared by a hand some and prominent young roan and woman. The "Castle" I In th Ozark mountalus and how the hero and heroin find their fortunes cast together ther under th moat romantlo and pusllng circumstances, with th traalo event which crowd each other, ao fast do they oocur, and the final unravelling make up atory that will not let ono rest when one It Is begun. The hero's keen wit. which never forsakes him even under the most try Ins; circumstance, and the heroine's vivacity In situations of Intense dranjatlc Interest are unsurpassed in any novel of the period. The Lothrop, Lee St Shepard company Is the publisher. "-entenary of Ualfe, by the Rev. Hugh F. Blunt. In the May number of Ionahoe' Magaslne. will be read by all rnvrto lovers. Father Blunt gives a most interesting account or me composers 'ry struggles and of the production of hl numerous operas. Including the still iuumr x)uiimu mn uin. x nere is a facsimile of Balfe's list of his works and there are many Illustrations to add to the attractiveness of the paper. Two pleasant travel sketches, "Here and There In Paris," by Robert M. Slllard, and "Touring In Ireland," by James Mor gan, have a special timeliness. Historical sketches, short stories, poems and well filled departments complete the number. John T. McCutcheon, cartoonist and cor respondent, has recognised the opening of the base ball season and In the May Appleton writes a characteristic article on the lights and shadows of the Ameri can game, Illustrated with a doxen of hla own cartoons. Ho calls attention, among otner things, to the amazing Increase of the deatn rate ot grandmothers of office boygj colneldunl with the opening of the Beason. In "the Barrier," Rex Beach has given another story of the rugged life of Alaska, that Is In every way a worthy successor of "The Spoilers" which was one of the big successes of last year. It la perhaps not as rugged as "The Spoilers," but It la superior In plot and technique, a better told, more plausible Btory of primitive pas sions, great hate and great love In a country where men hate and fight and women love with an Intensity and stead fastness rare in the centers of the older civilization. Published by Harper & Brothers. While "The Fruit of Tho Tree," Edith Wharton's new novel, deals with a "prob lem," that element Is made secondary to the telling of a most thrilling and interest ing story of domestic life, with the attend ant elements of love, jealously, and gossipy scandal. The problem Involved Is the ever-old question whether a physician or trained and competent nurse Is justified In ending the life of a patient, hopelessly injured and destined to perhaps years of agonizing suffering, if allowed to live, without hope of permanent cure or even temporary relief. Miss Wharton Involves the test of the question In a love story In which the heroine, a trained nurse, ends the misery of a fatally Injured woman and afterwards marries the husband. The denouement leaves the problem unanswered and the reader something to ponder over. The volume Is published by Charles Scrib ners' Sons, New York. Above books at loweav retail price. Mat thews, 122 South Fifteenth street. All of the books reviewed here are on sal In Brandels' book department. Bennett's Lato Fiction Library Book Dept. enables you to read the newest books at little cost. SURGICAL WORK ON HEARTS One of the Many Wonderful Achieve ment of the Science of Surgery. It was In 18S6 that the world was startled bv tha "ePrt ' a case of successful stltch- Ing of a wound In a man's heart. By 1902 the operation had been frequently at- tempted and of the known cases there were "early 40 per cent of recoveries. The per- contago is slightly higher In the latest tab- ulatlon. So rooted Is our belief that the heart Is the most vulnerable organ of the body that we find It hard to believe that It can be operated on successfully. Yet the necessarily fatal. Perhaps the most marvelous case on record is that of a patient brought In with a bullot wound In such a place that the missile must have reached the heart. The man still breathed, but there was scarcely any pulse. Ho was operated upon at one and as soon as the heart was exposed a Jet of blood twenty Inches high spurted from the wound. This was Immediately stitched up, stopping the loss of blood. But where was the bullet? Cautiously the heart was lifted up. There was no sign that the bullet had gone through It.- It inAt in th h.rt ittr " u the Burgeon can feel It plainly "in the wall opposite the wound. To leave It there mt!ang death. Qulckly the heart ,g trued up half out of the body and with Infinite caution an Incision is made. But how to get out the bullet? The surgeon dare not use forceps for fear of pushing the bullet back into the cavity of the heart. Very gently and carefully ho pinches the heart between his thumb and forefinger and In a moment the missile drops out. The wound was stitched up and the cavity closed, and the patient made a complete recovery. Handling the beating heart docs not seem ,0 wonde.rful " causing it to beat again I nA It hni antimllu atnnnn.l Tki. . ' ,v " vv. im done ,n ,everal caso8 wnere a wound In the heart wu8 bol"s ""ched. and only ,fter PrIons"L'1 massage was the organ inuUCed t0 t"1 8atn. But tho modem suron nas 8one even further. In casea wnere tne neart naa conapsea irom cnioro- form during an operation ho will not hest tute to make an opening to reach the or gan by one of three routes and apply direct massage to It with his hand. Broadway Magazine. SUPPOSE THEY CROSSED WIRES I What Might Hare Happened Had Johann Mora and Mrs. Guinness Met. "If the paths ef Johann Hoch and Mrs Belle Guinness had crossed and each had conspired to take the Ufa and worldly possessions of the other, each Ignorant of the other's plot, the psychological develop- ments and result would have been of In terest to criminologists. The above statement Is the substance of a Jiypotneucai proportion originaica oy Chief Deputy Sheriff Charles Peters of Chicago, who finds what he considers striking parallelisms in tho lives and rec ords of these two persons. "It would have been Interesting," he said 'from a criminological viewpoint, to watch a contest Deiween jnrs. uuinnss ana Hoch, had they met as the result of matrimonial advertisement of the woman and their scheme crossed wires. 'She was a female Hoch, and he was male Guinness. He watched the death no. tiers of men and found out who of them aere insured and married tho widows whenever he could, putting them out of the way to get the Insurance money "Mrs. Guinness, according to the reports, advertised for well-to-do husbands, stating that he was comeiy ana posseeiea or a fortune, and after getting one would put him out or m way ior m. i..ouoy "Suppose, now. that Hocn had seen one of ner advertisements, answered It, and a 1XL C773 in Announces that it offers to investors two hundred thousand dollars - of its Comulative Preferred Stock Paying 7 Dividends in Shares of $100.00 Each The security back of this stock is the entire assets of the corporation. No dividends on the common stock can be paid until all dividends-due on the preferred stock have been paid in full. This corporation has a paid up capital of $1,000,000.00 and at of its last fiscal year had resources amounting to $1686061.80. owner of elevator plants and terminals with a capacity of 3 300,000 bushels, and grain in storage and in transit. It owns and controls the Updike Lumber & Coal Co. The Updike Milling Co., and the Updike Commission Co. (sepa rate corporations) and considerable real estate and property. Our principal holding consists of about One hundred elevators in Nebraska and Iowa. Further detailed information will be cheerfully given. Subscriptions for stock will be received at our main office, or by mail. Th Bee Building V - .. I I ma - i ii-i i ii iiiw i ...) in i.i mi nunum mi "' " ", "' sssssssBswa" meeting had been arranged. She would have had In her mnd Hoch's money, and Hoch would have had In his mind her money. Then would have come the con test, each plotting, scheming with all of hi or her cleverness, to get the better of the other. 'It would have beaten, I believe, any drama of villainy ever produced on the stage. Who would have done the other T Which of them would now be under the ground, a victim of the other's treaohory, and which enjoying the money of the other?" Chicago News. DESPERATE DEEDS OF BIRDS How One Heron Ootvrlttesl It Stronger Adversary, the Hank. A few year ago while watching a good size heron wading In the water of a pond. was struck by Its peculiar actions. Cock ing Its head to one side It listened and glanced up into tho air, and then trembled all over. If It had taken fright at my ap pearance why did It not fly awayT I was wondering at this peculiar action when sud denly a hawk circling In the air above darted downward In one of It swoops. The terrorstrlcken heron instead of fly ing away squatted down In the water and looked up helplessly at the descending hawk. But th? hawk did not seise It prey as I expected, but made a quick turn in the air and started to attack the heron from the other aide. The latter merely turned Its head around, always keeping its long beak directed full toward the ap proaching hawk. Once more the hawk flew upward and around and made another ef fort to outflank the enemy. Had I been better Instructed In the na ture of the heron' beak and it ability to transfix an enemy with It, I would not have thought so st range of the hawk' maneuvers. It had evidently been hurt In such an encounter before, and it endeav ored to worry the heron so that It could be caught off its guard. But after ten minutes of fighting It looked as If the hawk would be the first one to get worn out with the bloodless conflict. It grew fiercer and more savage In its attacks, and finally It determined to make the attsek In earnest. - Rising to a considerable height as If in tending to fly away. It suddenly dropped as If shot from'a cannon, hoping to take the heron off Its guard by the unexpected and wift deacent. But the heron was once more prepared for the conflict, and the ter rible beak was pointed upward to receive the descending bird. The hswk realised Its danger at the last moment, and tried to check its headwaly, but its momentum was too great, and' It plunged downward, but a little to one side until It struck the spear like beak ready to receive it. Fortunately for hawk and heron tha beak merely grazed the side of the hawk's body ripping out a handful of feathers, and In flicting a slight flesh wound. The hawk then tumbled with a splash Into the wster and before It could regain Its equilibrium the heron had flown away. The hawk showed no particular desire to pursue Its prey, and flapped heavily to a near-by tree and sat there for an hour thinking the matter over. Outing Magaslne. folnlrd -orairail. Many a man is peifect-s a nuisance. Induce people to laugh with you Instead Monymake the mar go to the highest bTalent ha a gay time spending the com eari.ed by genius. The three-ball nierchsnt never advances anything on the rewards of virtue When a "" doesn't feel ilk talking he hui.ts up some woman and listens. Borne men are too good to be clever and some others are too clever to be good. Don't attempt to make your mark in tho world by making a mark of your neighlior. And many a man Is unable to keep chonge in his pocket because of hi wlfo a aniull hand. , , by starting for th porth polo in an auto mublle, th explorer would at least have a new excuse lor not getting there. Chi cago New. HA re F OMAHA What is back of this preferred stock. pdike InRAiN Company SUPREME COURT SYLLABI. 15156. Starr against The Bankers' Union of the World, et al. Appeal, Douglas. Affirmed. Calkins, C. Division No. 2. X. A fraternal beneficiary association organised under the laws ot this state has no authority to purchase the business and assume the risk of another association of like character. 2. Where a fraternal beneficiary asso ciation obtains possession of the funds of another association of like character it cannot defend an action for conversion on the ground that the acts by which it se cured the funds were not within lta cor porate capacity. 8. One who alda and assists In the wrongful taking of chattels Is llahlo for the conversion thereof though he acted as agent for another. 4. The recital of jurisdictional facts In an order appointing a receiver is prima facia evidence of the existence of such facta . 6. Where all the property, books and records of a fraternal beneficiary associa tion organized under the laws of another state are brought into this state and the business of the association is Attempted to be here carried on by persons assuming to act as the officers or agents thereof, the courts of this state have power to appoint a receiver to administer the properly of uch association. ir234. Prudential Real Estate Co. against Hall. Appeal, Douglas. Former Judgment of affirmance adhered to. Ames, C. Divis ion No. 2. 1. The court Is the vender in a Judicial ale and he may reject any bid which for any reason appears to him to be Inadequate and while a proceeding remains within his Jurisdiction he may vacate any erroneous or improvident order he may have during its progress. Tills power is not affected by the statute providing a procedure for the collection for taxes and commonly called the "Scavenger Act." 2. When the owner of property sold at Judicial sale, moves the court to deny , confirmation because of Inadequacy of price, ana orrers in event of resale to In l crease the bid thereat, he by so doing, admits the Jurisdiction of the court and Confesses the Justice of the decree of sale and is estopped afterwards to dispute eitner. . 1&330. Selbv against Foxworthv. A meal from Lancaster county. On motion for re- nearing. motion overru ed. fer curiam 1D444. .1118 against Ktate. Error from Madison county. Reversed and remanded. Lettun. j. 1. Since the enactment of section 664 criminal cede no grand Jury can be law ruuy organized unless Its selection and impaneling hus been previously ordered by a judge of the district court of the county In which said grand Jury is to act. J. Such order must be in writing and filed with the clerk of the district court on or before the day fixed hy law for the drawing of Jurors for the term of court at which the grand Jury is to ap pear. i. Jones against State, 18 Neb. 401 and State against L,auer, 41 Neb. 228 followeu. 164T6. Gutschow against county of Va8hlngton. Appeal from Washington ounty. ATflrmed. llarnes, C. J. 1. One whose land is traversed by a lralnage ditch, constructed under the pro visions of sections 6500 to 65-7. Cohbey's Hutute. 1907, is entitled tu recover the value of the land actually taken thoiefor, together with special Uanmgea, if any, to the balance of his land caused by the construction of the improvement, but lie cannot recover In such proceeding the damages he may have theretofore sus tained by reason of the neglect of the county board to keep a prevlouxly estab lished ditch free from silt and debris and in a suitable condition to serve the pur pose for which it was constructed. 1E.4X7. Maynard agalrst Slate. Error from Box Butte county. Affirmed. Rouse, J. 1. In a trial of a crlminul case where the accused is charged wllh a felony, it is the duty of the court In the exercise of Us discretion, upon request, to exclude from the court room all witnesses for the slate not being examined. In the absence of a showing of abuse of Ulscretlun, or a preju dice to the accused on triul, a Judgmrr.t of conviction will not, fr that reason ulor.c, be reversed. 2. While it is the right of a trial Judge In the exercise of a sound discretion to Interrogate witnesses on a trial of a crim inal case when essentlul to the administra tion of justice, yet the practice of so ujii- should be discouraged. Should the dis cretion be abused, or prejudice to the ac cused be shown by the record to have re sulted, a new trial should be granted. Hut a Judgment of conviction will not be set sld for that reason in ine a usance oi a showing of such abuse or prejudice. i. Where, In the trial of an accused, charged with th commission of a felony, there were a large number of instructions given to the trial Jury, all of which are as signed for rror. as. when taken as whole, they show a prejudice or bias on the part of the eourt against the accused, till court will examine the whole charge lor th purpose of ascertaining if such (iirjuuRQ vi vwm " 1 " caaa the Instructions are rot thought to De oojectionaoie on lhli ii"'m, . Jl Vlir Lltftl VI w - , with the crime of murder in the first de gree, the court gav the Jury the following instruction: "Malice, within the meaning of the law, Includes not only anger, hatred, lll-wlll and a desire for revenge, but every other unlawful and unjustifiable motive. A ... . 1.1. 1 . . 1. . . .4 mln UflA At ming none wuu a wii-rcv .... tended with such circumstances as plainly Indicate a heart regardless of social duty and fully ben on mischief, Indicates malice within the meaning ot tne iaw. iw avlDt.liin nf nm Hub is inferred from acts committed or words spoken." Held not erroneous. 6. An instruction defining "great bodily harm" as bein "a battery of greater mag nitude tharj a common assault and bat tery," held not erroneous Dy reason oi the use of the term "common assault and ,i,iw.t fiii-thur riffinlrlnn of "as- uaiitrij wmn'u. .......... sault and battery;" the meaning of the term, "assault and battery" being known In common speech by people of ordirjary in telligence, it Is presumed the Jury under stood It. ..'! 6. In an instruction on tne iaw oi sen defense, otherwise unobjectinable. It Is held not erroneous for the court in stating the law to say, "Where a man In the lawful pursuit of his buslwss Is attacked, and where from the nature of the attack he honestly believes that there I a design to take his life or to do him great bodily In Jury," etc., the objection being that It left the Jury to Infer that the accused was not In the lawful pursuit of his business when he entered the place of business or the deceased for the purpose of procuring property which he claimed belonged to him, notwlthstadlng the court had refused ar. instruction that he had the right to go here for that purpose. 7. The evidence showed that the deceased and the accused met at an attorney s of fice for the purpose of adjusting a money demand which the accused made upon the deceased. That In the conversation there was much ill felling shown, the "reused having been assaulted and beat by tne deceased a number of times during that duv. The deceased renewed an accusation that the accused had stolen mony from the place of business where he had been employed. refused to pay anything ordJred the accused to cease 111 demands and left the room, imracuiain, , the accused made the remark. 1 him" and departed. On cross examination tl " witness was asked It deceased had not in the conversation, made threats tn tb accused of personal violence when ever b h ? Should meet him. Objection to the questions was made by the attor ney for the state upon the ground, among ethers, that the proof of the factor sought uiiit-i, i,nrt nf the defense. The objections were sustained. He.il. errm. But as the attorney announced that he would make the witness his own for tho purpose of making the proof and did. at a subsequent state of the trial, call the wit ness on the part of the defendant and i ln ouired into the details of the conversation, but refrained from In any form repeating the questions ruled oat on tho cross-examination, it Is held that the error h waived. s It v as shown by the evidence that the deceased was killed by the accused, be tween the hours of 4 and 0 o clock in t'n afternoon; that the accused drank lnt' xi catlng liquors freely during the day and up to a short time before he killed the de ceased; but there wus no proof lhat at he time of the tragedy the uccused was so far Intoxicated as to render him irre sponsible for his acts. The court "-""ed the Jury that voluntary Intoxication woul 1 not relieve a person committing a "Hue from the penalties of the law. Hut that if there was evidence that tha accused w.is intoxicated at the time it was alleged that he committed the crime, it should be con sidered by the Jury for the purpose of de tei mining whether he was capable of form i willful, deliberate and prein. dllateJ I purpose to tuke life, if he " so far In ' toxlcated as to bo Incapable of firming ' such purpose and tha jury entrtalnej a reasonable doubt upon that subject, he could only be found guilty of murder in the second degree, If guilty of mur.ier. This was in accordance with an Instruc tion u.U.d f..r by, the dfrt- But the court added that if the Jury found thnt the accused look Intoxicants "to hteady Irs nerves for the commission of the cilme his intoxication would not excuse nun. Held, thut though there was no (ccati .n for the Instruction, tho error In giving the addition was not prejudicial and therefore harmless. , I Section 47s of the criminal code privid that after the Juiy Is Impaneled and after the attorney for the proHecution ha nude ' a statement of the case and the evidence by which he expects to susiain ion cm 'the defendant or his counsel mast then stste his defense and msy briefly state his evidence he expects to offer In support of It " I'nder the provisions of tl.ls e?tlon neither party may discuss the law of th case nor Instruct or admonish the Jurors as to their duties as aucli Jurors, it being the province of the court alone to instruct the jury. It la not error for the court to 'v the end It is the OMAHA confine counsel to the statement of tha case'and the evidence they expect to pro duce. 1. It Is disclosed by the evidence adduced upon the triul that during the earlier part of tho day on which deceased was killed he committed a number of assaults upon the accused, beating and cuffing him, but that no assault had been made immediately prior to the time when deceased was killed, and on that occasion deceased ejected tha accused from his place of business by pushing him out through the door and In flicting a slight assault. Although theso facts might be considered In mitigation, they, as matter of law, afforded no defense to the charge of murder, the essential ele ments of that crime having been found by the Jury to exist at tho time deceased was killed. 14tW5. State against Adams Lumber com pany, et al. Original. On exceptions of state to report of referee, exceptions us talned In part and overruled in purt. Let ton. J. . An agreement between retail lumber dealers whereby one dealer agrees to "pro tect" the other by asking a higher prlca than the other for the same bill of lumber submitted to both for prices, itv in viola tion of the statute. 2. Arj agreement made by a number of the retail lumber dealers in a county to sell lumber and building materials within tho county at certain fixed prices and to divide territory is Illegal ami void us In re straint of trade and competition and will be restrained and enjoined. 8. I'nder the circumstances disclosed In this case, held that the action of the secre tary of the Nebraska Lumber Dealers' as sociation in a number of transactions de tailed In the opinion was In violation of law as tending to prevent or preclude free competition In the sale of ' lumber and building materials In. this state and being In restraint of trade, and that, nder the facts disclosed, the officers and directors of said association are chargeoblo with knowledge of such acts. Held further thnt all such proceedings upon his part should be perpetually enjoined and that the de fendant association and Its officers and di rectors should also be perpetually enjoined from doing or performing and from per mitting or allowing said secretary or his iirrvainn nr anv officers of said assocln- tlon to do or perform any such unlawful I acts and from carrying on any such prac tices or proceedings in violation or mo statutes of this stato prohibiting combina tions in restraint of trade. l&eHfi. Miixdu against J. I. Case Thresh ing Machine company Appeal. Thayer. Affirmed. Root. C. Division No. 2. 1. If an agent Is given solo charge of the preparation and exhibition of cumber some and complicated machinery and calls to his assistance in that occupation one, who. in good faith, enters upon such work, the person thus e mployed Is not a volun teer or trespasser, but for the time being assumes the relation of servant to tho muster. 2 If thn assumptlo.i of a risk not usually anil ordinarily Incident to the service Is relied on as a defense In an action against the muster for negligence, such assumption of rlKk must be specially pleaded. :t. Kvldelice examined un.1 found suf ficient to warrant the submission of the Issues presented to the fpiry. 4. It is not error to refuse, to give In structions where the sulmtunce threof Is included In Instructions given by the court on its own motion. 5. It is within, the discretion of the court to give or refuse to submit to tho Jury Siieclal findings. ti The scope of expert evidence is not restrlcled to matters of science, art or skill but extends to any subject In respect to which one may derive by experience special knowledge. 7 Mere failure to charge a Jury upon a Lparticu'lar proposition, of law Is not re versible error U1II' a nui muro in.kiui.viuii has been tendered. . Tills court will disregard any error or defect In Instructions given or error In tho failure or refusal to give instruction requested, where the action of the trial court did not affect the substantial lighta of tlio litigants. l.Vill. Mulcolm Savings Hank against Cinnin. Appeal. Holt. On motion for re lit urlrg. motion overruled. Kppc-rson, C. jivo'n No 1. 1. rVctlun 31 of the code of civil pro cedure, providing that an affidavit may be rcade. before any iiersnn authorised to take depositions, cannot liiferentlally be con strued as requiring that objections to affi davits sn evidence shall im made In the manner provided by statute for the til ing of objections to depositions. 2. A party cannot take advantage of the court's erroneous rullrgu which he Invokes. J. Where the grounds r. lied UKiu to sup port sn attachment are positively denied by the oath of the defendant, the burden Is upon the plaintiff to prove his grounds fur attachment by a preponderance of evi dence. For your blood eat Johnson's Bratxa Dls. cult. At Eric Johnson'e. Vo Boo want ad to boost jrour bualnesg. 4 f K 1