TIIE HKE: OMAITA. S'ATT'KDAY. .lAXrATJV .10, 101. i B&S3S Nebraska Nebraska Nebraska ESSE .SKMIAijlUt CLAIM AGENTS ACTS GOOD Supreme Court in Tylee Case Rules Illinoii Central Must Stand By Settlement He Promised. JUDGMENTS IN OTHER CASES fFrom a Staff Correspondent.) TJNOOl.N. Nn., Jan. is. (rnvlal.) That a railroad company at-crplnc tli fconrflts of a claim airent mum submit . alo to him itwans and IngtruinrntaJitlr. declares a decision of tha supreme court affirming a decision for the plaintiff in Douglaa county In the rase of Ous A. Tylee against the Illinois Central Rail road company. Tylee was Injured while actlnir as travel ing watchman for the company In March, 191U A claim wrent for the"Nrompany came to him and promcd that , his alary would no r'Kht on. If He. for a $10 consideration, would sign a release of the company from obligations for his Injuries. He agreed, hut the company paid him salary for only one month. In his suit he Is seeking 1900, a year's wages. II? was given Judgment for the full amount In the district court. The claim of the company that their agent had no au thority to promise orally the watchman's salary had no weight in the eyes of the supremo court. Judgment Is R.-dafeil. A verdict of $4,000 for personal injuries recovered against Ilaydrn Brothers of Omaha hy Joseph H. James has been re duced to 12,000 by the supremo court. Plaintiff was knocked down by one cf the defendants' wagons. The court held that injuries were not permanent that the verdict of the Jury was grossly excessive. - Havraa Co. l.osrs Right to Bar. J jaecause us cnorier nat necn lorteiiea hy a failure to pay the state orcupa. tion tax, C. B. Havens &. Co. of Omaha lost Its right of action on a prom'soiy note worth $5,483. according to the deci sion of the supreme court. The high tribunal reversed the Douglas county district court and gave Judgment for the defendant. The maker of the note was tho Colonial Apartm?nt house. Edwin 8. Rood nd Thomas t. Crane were also sued aa Indorsers. The plaintiff urged that a former unrepealed statute gave it the right to ue. ' Billing; la Mataol Benefit Cose. Failure to pa an assessment of a mutual benefit association, provided the same was Irregularly levied, does not in validate the Interest of "the member, ac cording to the supreme court. . On this theory tho court affirmed the Judgment of the district conrt of Pouglas county in directing a verdict for Mabel P. King in her suit agairflst the Physicians' Casualty Association of America, to recover on a membership of her husband, Walter S. King. Wakefield Case Reversed. Brothers wcro pitted against each other In tho case of Charles Wakefield against Geoge M. Wakefield, in which the su premo eourt affirmed tha judgment of tho Douglas county district court, hold ing that money deposited for the purpose of buying and selling grain on margins could not bo recovered. Abou $3,000 was involved. 1 I Wahoo Pioneer's' Son Given Vienna Post l From a Staff Correspondent.) WASHINGTON. aJn. 2. -(Special Tel egram. Thcron 11. Stern, son of ' Cap tain John Steen of Wahoo. one of the ploucrs of Xrbrsvka, who tins been con nected with the Indian bureau In Wash Ington for the IhM to yenrs. has heen appointed to a position ! nlhe clerk-al force of tK.e t'nlted" States embassy at Vlerna by Secretary Bryan. Mr. Steen will sail In a few days for his new pout, via Gibraltar. Colonel and Mrs. Harry Kiel arty rf Omaha left for Nebraska today. CLAYTON DENIES THE CRIME 0h Witness Stand at North Platte Stepfather Gives Story of Hap penings at Time. ADMITS TELLING MANY LIES STILL TALK WOLF BOUNTIES Broome's Measure Aimed at the Pest of the Western Plain Given Lease of Life. RAILROAD BILL "SUSPECTED" Hastings Elevator , Destroyed byTire ' J HASTINGS, Neb.Jan. 29. (Special Tel egram.) Fire last night destroyed tho west elevator of the. Hastings Milling company containing about 12,000 bushels of wheat Theloss Is, estimated 'at about $25,Oi)0, insured. The plant Is owned by J. C Hcdgo and C. E. Dlnsmoor. The cause of the fire Is unknown. ACCIDENT FATAL TO A. W. GRUNDMANN OF COOK NORTH PI.ATTE. Neb.. Jan. iX-Sue- clal Telegram.) Charles Clayton. Mcp-t fttthT of Hoy Roberts, on trial here for the murder of Vernon Connctt. told whut he knew of the Incidents surrounding the murder of Conuett on tho witness stand today. He admitted that he hod told the officials that Roberts and Connctt got! Into a fight and that Roberts struck Con- j nett on the neck and broke Jt, and that later he hnd shl Roberts rhot Connett. These statements, he declared under oath. Were lies told at the Instance of his wife, Roberts' mother, to shield the young man. Two Men In Company. Clayton testified that on the Sunday after Mrs. Connett left to visit her sister In Iowa Roberts and Connett loft together In Cunnctt'n outfit, and this was the last! Clayton ever snw the victim alive. A week Inter Roberts cam back, wear ing new clothes and possessing consider able. money. He snld Connett had gone to South Dakota teaming. i John Jones, a youth working at tho same farm where Clayton was employed, corroborated tho story of Clayton. Clayton on cross-examination admitted he had been convicted of cattle stealing and had been paroled. I'hislelnu Testifies. Dr. McCabo testified that the holes in Connett's skull had been mado by a blunt Instrument used, as he thought. whenthe head was resting against something solid and not when the- body was in a stand Ingror sitting posture. Mrs. Glark of Stella Dies Suddenly at Rochester, Minn. STELLA, Neb., Jan. 29. (Special Tele gram.) Mrs. I. W. Harris dded Suddenly at 8 o'clook last night at Rochester, Minn., to which place she hsd gone, for a minor operation. Perhaps no woman of this community was wider . known, none so oved or had so many good deeds to her credit. ' Mrs. Harris came hero at an early day and went through all the hardships In cidental to the pioneer life connected with the settlement of tho coiihtry. A gentle, yet progressive nature, she kept abreast of the times as president of tho local Woman' lub for many years and oho lod 'the way in the. mental, (moral and charitable work of the community. She la 'survived by hr liesbaml. I. V Harris, vice president of the State Bank of Stella and of the .state Bank of Omaha, and by slk children. Mrs. R. A. Clark, Misses Olive and Lucille Harris and Guy Harris, all of Stella, and George and Burt Harris of North Yakima, Waoh. TECUMSEH, Neb., Jan. 29. (Special.) As tho result of being . struck v. tth parts of an c?jt?Iodlng Rasollnu engine. August "W. Grundmann, who lived several miles northwest of Cook, was killed. ust how tho accident happened will never be known, as Mr. Grundmann was working alone, using the engine to drive a feed chopper. His brother heard his outcry for help from the house and hur ried to his assistance, but the man was unconscious, and, although he lived for three days, ho did not regain conscious ness. His head was crushed ' by be I hit with -some part of the machine and the belt had struck blm. Mr. Grundmann woe born three miles east of Cook, July 1, 1890. He la survived by his patents, Mr. and Mrs. Wilholm Grundmann, a brother and five sinters. Mr. Grundmann waa soon to marry Miss Elizabeth Prues sing. who Uvea near Syracuse. SISTER AND HOUSEKEEPER OF PRIEST FATALLY BURNED WEST POINT. Neb.Jan. 29.-(8peelal.) Tho funeral of MU Elizabeth Schoof took place today at Monterey, the body being interred in St. Boniface's cemetery. Miss Schoof was tho sister and house keeper of Rev. Henry hchoof. rector of the Monterey parish. She. arose at 8.30 a. m. and proceeded to light the gasoline lamp In the kitchen. By some unknown means the fluid became Ignited, setting fire to her clothing. Her screams aroused her brother, the priest, who was yet In bed He rushed from his room and endeavored to smother the flames, but in vain. She was 57 years of age and had acted as housekeeper for her brother for tho last twenty years. Chamberlain In gpokaar Jail. TECCMSHH. Neb.. Jan. 29-(Special.) Newspaper reports from Spokane, Wash., are to tho effect that Charles M. Cham berlain, cashier of tha failed Chamber lain banking house of Tecumseh, is finally In Jail. Being uriiblo to continue the expense of a special deputy sheriff to guard him at the Sacred Heart hoapflpl, rrr Spokane, and not being able to secure the) 15,000 bonds while awaiting trial on a charge of forgery. Sheriff lie Roy Waller ' has taken Chamberlain to the county jalL Tho prisoner claims he is sick. MAN WHO SHOT SELF AT GRAND ISLAND IS DEAD GRAND ISLAND, Neb., Jar. 29.-(Spe-eial ' Telegram.) Joseph Klmbrotigh of Evansvllle, Ind., who shot himself on Monday with suicidal Intent, died, this morning. (From a Staff Correspondent.) LINCOLN. Jan. 19. (Special.) - Tho committee on live stock and grazing, which appears to have fallen heir to all the matters which were formerly turned orr to the mineral committee, now abol ished, has had turned over to It Broome's Mil providing for the. payment of wolf bounties by counties. The house yester dny indefinitely postponed the bill, but Broome made an eloquent plea foi an other chance and the house gave permis sion for the bill to come back for further ccnslderation. With Richmond of Pouglas In the chair the committee of the whole took up and reported for passage H. R. 114. which provides for building bridges. An amend ment which brought out a great dealof discussion at a former session, making fifteen-ton bridges the minimum weight Instead of twenty-ton structurs, wss again the bone of vohtentlon. The committee having the bill in charge fixed it up by providing that all wooden bridges should be of fifteen-ton capacity and all others twenty tons and that In repairing wooden bridges three-inch plank should be used. Watchdog; Active. Some of the watchdogs In the house thought they scent?d a hot trail tbia morning, when Miner's bill came up. giv ing tho Northwestern Railway company the right to acquire a forty-acre trait of school land near Long Pine, which It had under lease, which was, about to" expire and upon which It had con siderable. Improvements In tho way of buildings and trackage. Osterman thought it was a scheme to give the railroad company a chance to get a lot of land along Its right-of-way. Miner waa out at the time the discussion came up and so Nichols of Madison explained the features of the bill.-During the dis cussion. Miner came In and asked that tho bill go back to the railroad com mittee and permission Was given. Close Reason on Qnnll. Considerable time was spent H. R. Srt, providing that no quail could bo killed in the at it 4 for five years and give all the year round protection to plover, doves, swan, white crane, Chlneso pheasants and other game birds brought lnft the state for propagation purposes. Oh ambers of Douglas at tempted to get the bill indefinitely post poned, but was unsuccessful and the bill was sent to third reading. Moseley of Lancaster tried to ammd tho bill, .which calls for a fine of 125 for killing out of season and put it backto the old amount of 15, but waa unsuccessful. The extra money will go to pay for extra game wardens to enforce tho law. Conntr Hlgrn Schools. House roll No. 6. the Hoffmelster bill requiring county boards to establish county high schools, was recomrr.snicd for passage In aplto of Its bel:ig vigor ously attacked by Mr.' Trimble and others. It was explained by the bill's friends that It carries no penalty and so If the board should fail to carry out the law in a county where no such school la desired there will be no harm. done. Another. bill approved by tho committee of the whole was house roll No. 101, by Gormley,- providing that-where county aid Is given to fsirs tho money so appro priated shall be osed first to psy pre miums. ' Speaker Jackion announced that he waa signing house rolls Nos. 60 and 61, tho legislative appropriation bills for salaries and expenses. These are the first bills to go to the governor. Note from- Sotherlaad. SUTHERLAND, Neb., Jan. !.-(8pe. cial.) The local Women's Improvement club, an organization of an "uplift" ruv- ture, la arranging to open a rest room for women In a building on one of the principal streets of the town. A circu lating library Is also to be Installed. . The Modern Woodmen and Royal Neigh bors Camps held Joint installation of of ficers at Odd Fellows' hall Saturday night. A program and lunch followed the work. There Is to be resumption of mall serv ice on the former star route from Suth erland to Forks postoffice. Service was discontinued several months ago owing to unsatisfactory bids for carrying tho mall. 1 Institute at Danbar. DCNBAR. Neb., Jan. 29. (Fpecial.) The Otoe County Farmers' institute will be held here on February 3 and 4. A number of prominent speakers from over the state will be present to deliver ad dresses and a large number of premiums are being offered. l i SCHUYLER. GIVES FAREWELL RECEPTION TO A PRIEST SCHUYLER, , Neb., Jan. 29.-(Special.) A farewell reception for Rev. Father Tomanek was held Thursday evening. The basement of the fine new church. recently completed by St. Mary' parish. which stands as a monument to the energy and success of Father Tomanek, waa crowded by the many friends which he has made during his fourteen months' work at Schuyler. Ad Interesting pro gram consisting of muslo and speeches was provided. The addressoo wore given In Bohemian, but so many were In at tendance who were not members of Father Tomanek'a pariah and who were not Bohemians, that each speaker re peated hia remarks tn English. Father Tomanek will take another charge at Warsaw, Neb. If you have a "Sunshiny Room" let people know about It In this column of Bee Want Ado. England is Buying- Butter in Chicago CHICAGO. Jan. 29. Europe has turned to the United States for butter. It was learned today. Chicago dealers shipped two carloads to England, by way of Canada, and are negotiating , for addi tional large sales to the warring nations. .now t Care m I -a rrrevno Caik "Coughs that bang on" demand treat ment Stop and think) Reason and com mon sense tell you that It is folly to "grin and bear It." Those racking la grippe coughs that wrench the body and rause soreness and pains In tho lungs yield mora quickly to Foley's Honey and Tar than to any other treatment Forty years' record of aucceases proves this. 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