VOLUME XXVI.
O'NEILL, NEBRASKA, THURSDAY, JULY 13, 1903
_ NUMBER 3,
BANK EXAMINER DEHORS
Preliminary Skirmishes in Suits A
srainst Wliittemore.
BOND CO.’S MOTION SUSTAINED
Ask That Plaintiff’s Petition be Made
More Specific. — Will Submit
Briefs.
On last Saturday a demur filed by
Fred Wliittemore in the case of Brid
get Corrigan against the bank exam
ines alleging negligence in checking
up tlie defunct Elkhorn Valley bank
was overruled in district court and
ten days was given in which to file an
answer.
Wliittemore and his attorney, T. J.
Doyle of Lincoln, were in O’Neill
Tuesday, it being expected the argu
ments in the demur would be made.
The attorney for Mrs. Corrigan was
out of town and other obstacles seemed
to stand in the way of proceeding witli
tlie case and it was agreed to submit
briefs in place of oral agrument.
The defendant demurs for tlie fol
lowing reasons:
1. The petition of Bridget Corri
gan does not state a cause of action in
favor of tlie plaintiff and against the
defendant.
2. The plaintiff has no legal capac
ity to sue or maintain-this action.
:s. There is a deficit of parties
plaintiff herein.
4. There is a deficit of parties de
fendant herein.
5. There is a misjoinerof cause of
action herein.
<>. Tlie court of law lias no jurisdic
tion to try the action, it being a sub
ject of equity jurisdiction only.
The Fidelity and Deposit company
of Maryland is also a party to the suit.
Through their attorneys, Kennedy
& Learned of Omaha, they moved the
court to require the plaintiff, Mrs. (
Corrigan, to make her petition more ’
definate and certain by setting forth
the dates, maturity, amounts and ;
names of the makers of the notes .
which it is alleged in paragraph five |
of her petition were forged and fictic
ious. The motion was sustained by
tlie court and the plaintiff allowed to (
amend her petition immediately, ten (
days being allowed the bond company
in which to file their answer to the
l corrected petition.
LOCAL MATTERS.
For farm loans see Lyman Water
man, O’Neill. 45-tf
Best castor machine oil at Golden & 1
Hodgkin’s. 3-2 j
John Melvin of Page Sundayed with ,
O’Neill friends.
Jacob Krapt of Stuart had business
in the city Tuesday.
Wanted, a neat girl for house work. ]
—Mrs. E. H. Whelan.
Hr. Gilligan made a professional
visit to Ewing Tuesday. f
IT. A. Allen of Atkinson had busi- i
ness in the city the first of the week. ]
Fon Hunt—Six room cottage in
good condition. 52-tf Belle Ryan.
To Lease or for Sale—Five room
house. Enquire George Weingartner. 1
2-tf <
Golden & Hodgkin always carry a j
complete stock in their lines. Think
it over. 3-2 '
Get your haying supplies, such as
stacker rope, pullies, etc., at Golden &
Hodgkin’s. 3-2
$2,000 given for kodak pictures.
Ask for catalogue.—W. M. Lockard, (
O’Neill, Neb. 52-3
Miss O’Donnell has.been over from
Springview at the home of her mother
since the Fourth.
Miss Annie Wynn of Atkinson has
been the guest of relatives and friends
here for the past week.
Tom Shively returned to his home
at Norfolk on Tuesday after spending
a week with friends here. :
Judge Davidson and Day id Moler
joined the old soldiers at the reunion
at Meadow Grove yesterday.
Ed Alberts arrived home Monday 1
from Fargo, N. D., where he has been
playing ball the past month.
R. E. Bowden and Samuel Beavers
went to Meadow Grove Tuesday to
attend a reunion of old soldiers.
“Zacchous, or the Little Man up
the Tree,” is the Rev. T W. Bowen’s
subject for next Sunday evening.
Albert Webster and Katie Elbe,
both of Royal, Neb., were united in
marriage Tuesday by Judge Morgan.
Estray—Eight cattle branded with
the letter P on the right shoulder
have been taken up by William Darr. .
Merle Kline departed on the early
train Monday morning for Beatrice to
take in the Chautauqua and visit with
friends.
B. A. Harding is behind the counter
at Golden &TIodkin’s in the absence
I ( closing I
OWT SALE
OF 113
SKort
Horn
I Cecttle
! mil JULY 20
j L________!
! --'
HAVING decided to sell my
farm and retire from the
cattle business, it has be
come necessary for me to sell at
auction my entire herd of regis
tered Short-Horn cattle, consist
ing of 80 cows and heifers, 22
I and 2 year old bulls, 10 calves
at side of dams, and last but not
least, I great herd bull, GOLDEN
KING 152,918, the best bull in
Nebraska.
5 ..
This will he an absolute closing out sale, no
| string on anything—everything goes. Sale will
he held in large sale teuton my farm 8 miles north
oi O’Neill. Parties from a distance conveyed to I fj
and from sale. Come out to the [sale and pass
judgment on the class of cattle I have been breed
ing. Everybody welcome, whether wanting to
, buy or not. Lunch served on the grounds at
11:30 a. m., sale beginning at 1‘2:80 p. rn.
Terms: Cash or 1 year on bankable paper at 10«
D. J. CRONIN, Owner
J. F. O'DONNELL. Clerk
| Auctioneer. Col. T. C. CALAHAN of Omaha, assist
! ed bv Col. J. A. COWPERTHWAITE of 0'N«lll
if Merl Kline who is taking a two
veek’s vacation.
Buy your binder twine of Golden &
fodgkin. It is stronger, runs farther
ind binds more bundles than any
.wine on the market. 3-2
Post office Inspector A. J. Moore of
Imaha came in Monday evening and
Irove into the country Tuesday to
ilieck up some of the rural offices.
LaViollette Bros, will take a limited
lumber of pupils for instruction on
■iolin and piano. Also voice culture,
talian method. See them for terms.
3-4
Miss Winona Younlcin was an early
norning passenger Monday for Beat
ice, her former home, where she goes
or a two week’s visit with relatives
,nd friends.
The W. C. T. U. will meet with
Mrs. Younkin next Wednesday after
loon at 3 o’clock. Mrs. Meredith will
rave charge of the meeting. All the
adiesare requested to attend.
Miss Mable Martin, who suffered a
evere shock from the explosion of a
'annon fire cracker a few days prev
ous to the Fourth and who was quite
11 in consequence, is rapidly recover
ng
Judge Kinkaid departed Tuesday
ora visit to the western end of the
listrict. The judge does not coniine
lis visits to the people of the district
,o campaign time but is continually
>n the alert as to the needs of all sec
ions of the big Sixth.
L. E. Carscallen, the barber, with
lis wife and children, went to Mead
>w Grove Tuesday fora few days visit.
Hr. Carscallen says he has about con
;luded a sale of his barber shop to a
;entleman from the southern part of
,he state, whom he expects to be here
;h is week.
A ball game has been arranged be
tween the Feelers and a nine at Clear
vater. The game is to be played here
icxt Sunday. The Peelers are well
mown as expert players on the dia
nend and the Clearwater team is also
;aid to be not so slow. In which case
i good game is looked for.
P. C. Corrigan was taken suddenly
11 Sunday and was taken to Omaha
m the earlv train Monday by his wife
'or the hospital experts to diagnose
lie case. Mrs. Corrigan returned Tues
lay and says her husband was much
letter when she left him, the doctors
ironouncing the case not serious.
E. Kline, Paul Butler and Angela
Martin, representing Delkcith Castle,
[loyal Highlanders, went to Neligh
,’esterday to attend a district gather
ng of the Highlanders. They are the
presiding otlicers of the local castle
md will preside at the gathering at
Heligh, the O’Neill castle being the
argest in the district. The district
jomprises ninteen castles and extends
Torn Oakdale on the east to Newport
pn the west.
The fair grounds are fast being con
verted into general headquarters for
jut door sports and recreation. In
addition to the race track and base
ball grounds, the girl basket ball team
have induced the boys to use the pick
and spade in hewing them out a bas
ket ball court. As soon as the girls
perfect their course of training on the
new grounds they expect to take the
conceit out of the basketball players
in some of the neighboring towns.
Michael O’Brian and wife of Alpena,
Mich., were guests at the home of
Mayor D. A. Doyle yesterday. Mr.
and Mrs. O’Brien were on their way
home from a visit to Yellowstone
Park after attending the national
convention of the Knights of Colum
bus at Los Angeles to which Mr.
O’Brien was a delegate, and being old
friends of Mr. and Mrs. Doyle they
stopped off here for a day. Mr. O’Brien
was formerly a member of congress
from Michigan.
No one who is interested in going
away to school should fail to write the
Giand Island Business & Normal Col
lege of Grand Island, Nebraska, for
their catalogue. This is one of the
leading schools in the West. It has
one thousand students each year but
("in not supply the demand for its
giaduates. Students of limited means
are allowed to take a full course and
pay for same when they secure a
position and we understand several
will attend from this county.
Tiie great Fourth is now past but
Brennan has still on hand some fine
bargains in a nice assortment of gran
ite ware for 10 and 25 cents each.
Most of the people will need some
machine oil. I carry a tine assort
ment. Deering Binder, the best made
with a full line of repairs. Champion
Binder and Mower, no better was ever
put on the market. Moline Wagons,
Buggies. Ice Cream Freezers at a dis
count. Twine, twine and twine, now
is the time to buy. Call and see me.
—Neil Brennan.
A foot race was matched and pulled
oil’ Saturday evening between G. A.
Steven's, who formerly clerked in
Gallagher’s store, and John Nolan, jr.
Some considerable lucre went up on
either side, a good many putting their
faith and coin in Nolan’s ability as a
sprintter from what they had seen
of him on the track witli his backers
holdinga stop watch. Stevens knocked
the plum so easily that the race, like
Col. Bryan’s prediction in the last
presidential campaign, ended in a
route. Stevens appears to be a foot
racer not to be sneezed at.
Tiie board of education held a meet
ing Monday for the purpose of organ
izing. Tiie following otlicers were se
lected: Thomas Birmingham, modera
tor; G. W. Smith, secretary; Dr. J. I’.
Gilligan, treasurer. It was decided
at the meeting to employ an engineer
to examine the boiler of the heating
plant at the sohoolhouse and to ask
the city council to join with them in
the expense of employing such engin
eer, the boiler of the engine at the
city pump house to be inspected at
the same time. The council decided
to do this at a meeting held Monday
evening.
County Assessor Cooper is in a quan
dry to know liow to proceed with the
assessment of the saloons of the coun
ty. lie was getting along all right
until he run across an item in a news
paper quoting the opinion of Attorney
General Brown to the elfect that sa
loon licenses should be assessed as
valuable franchises, the assessor to
use his own judgment as to the value
of*each “franchise” In the various
communities. Assessor Cooper will
now have to ascertain the approxi
mate capacity of the public thirst of
the county in order to getatthe value
of the licenses to the saloon men.
Sylvester Judd of Inman, who was
before the board of insanity on July
5 and band released after examina
tion, will be given a further examina
tion as to his sanity on the strength
of a story which comes from Neligh to
the effect that Judd threatened a
man’s life. One of the members of
the insanity board says that Judd
went to Neligh after his release and
frightened a citizen of that town who
happened to be behind him as the two
stepped into a livery barn. Judd is
said to have turned to the man be
hind him, drew out his knife and
told the man that he had been follow
ing lmn long enough and he was go
ing to kill him.
“Judge Kinkaid came in Monday
evening and was met at the depot by
a deputation of citizens and escorted
to the Hotel Woods, where accommo
dations for our distinguished neigh
bor had been provided,” says the
Spencer Reporter. “The band sere
naded him with several nice pieces
later in the evening. Judge Kinkaid
expressed his surprise at our growth,
but said he was very giad to note the
progress of the town and country.”
Referring to the judge’s address at
Spencer the 4th, The Reporter also
says: “His speech was a most excellent
one and was attentively listened to by
one of the largest audiences we have
ever seen assembled on a like occa
sion.”
Conrad ISoehme, justice of the peace
at Atkinson and also a member of the
county soldier’s relief commission was
in the city Monday on business per
taining to the relief commission. He
was a Frontier visitor while in town
and informed us that a shooting case
had got into his court, it being the
culmination of the taking up of a
bunch of stray cattle belonging to
James Cannon. The cattle were tak
en by Swan Johnson and it seems ap
praisers were appointed to appraise
the damage. Johnson was awarded
$1 damages but refused to give the
owner the possession of his cattle for
that amount. Cannon then resorted
to the justice of the peace and while
he was in town ascertaining what
steps n xt to take his son, presuming
settlement had been made for the re
turn of their cattle, went to tlij
Johnson home after the same,
found out differently when he en<j
tcred a loaded shotgun and a
mad man at tiie Johnson ranclv
i
son, we were told, let fly a charge from
his gun at young cannon, who escaped
being hit and made his departure
without further argument. The ob
streperous individual with a gun was
placed under arrest. Justice Boehmc
returned home on the passenger as
Johnson was to have a hearing in his
court as soon as he arrived home.
The case from Conley township in
county court Tuesday, .Surveyor Nor
ton says, was the cause of the justice
of the peace of that township issuing
subpoenas for witnesses to appear in
county court. Whether the peace dig
nitaries of Conley did not consider it
necessary for those desiring to law to
wade through water to the hubs to
get to tiie proper court in a little mat
ter like a subpoena for a witness ot
whether they had not read up on the
“duties of justices” is immaterial.
The subpoenas worked anil the wit
nesses came to town, but were not
called upon to testify, Judge Morgan
believing it was his prerogative to
issue subpoenas for the witnesses in
his own court.
Miss Florence Zink, accompanied by
her father, was down from Stuart
Tuesday looking over and talking over
the situation with a view to entering
the field for the republican nomina
tion for county superintendent. Miss
Zink is a pleasant lady to meet, has
long been identified with educational
work in this and adjoining counties
and is quite as competant as any one
in the county to conduct the superin
tendent’s office. She tells us that she
was an instructor in the institute this
year for Rock county and that the
assistant state superintendent, while
visiting tlie institute, appointed hei
to prepare and look after a novel edu
cational exhibit for the state fair. If
will be known as “the model schoo
teacher” and will consist of a plastei
figure dressed in native grasses fount
in Rock county. Miss Zink has beci
intrusted with making a grass ward
robe for the model and with dressing
it for the exhibit.
The heirs of the estate of Jo
Hodge, deceased, had a round in t
ty court Tuesday. Mrs. E. S.
well, one of the heirs, and
band broughtsuit against 1
widow of the deceased apj
administrators, asking/
revoke an order of
months ago which
trators the author!
worth of person.]
praised valuei
by the widow!
appraised vaj
wanted the^
sale. Sqj J
sold a i
evidefi
be ]
sa]j
I NEW HOTEL FOR O'NEILL
Tlireee Story Brick to (io Up on the
Ilorisky Corner.
TOTAL INVESTMENT OF $19,000
Business Men Quick to Secure a Good
Thing.—Building to be Complete
by December 31.
*.*
The proposition of R. L. Hall :
: to erect a 3-story brick hotel in :
: O’Neill has been accepted and the :
• $4,000 bonus about all raised.
* ..
The best proposition yet submitted
for O’Neill to get a much needed
hotel has been made to our citizens
by U. L. Hall, recently in the hotel
business at Valentine.
Mr. Hall came to O’Neill Friday
last and after talking the matter of a
new hotel up among the business men,
a meeting was called on Saturday
evening at tlie office of T. V. Golden,
when a proposition was submitted by
Mr. Ilall. The result of the meeting
is that an agreement lias been drawn
up in writing which provides for a
$12,000 three story hotel on the corner
east of tlie First National bank, where
Horiskey’s grocery now stands. The
town is to put up a bonus of $4,000.
The provisions of the agreement
are:
Whereas, It. L. Hall agrees to pur
chase lots 24, 25, 20, 27 and 28 in block
number 15 In tile city of O’Neill. Ne
braska, and to erect thereon a hotel
building to be constructed out of brick
and to cast approximately $12,000 ex
clusive of site and furnishings, the
furnishings to cost approximately
$3,000. Said building to be in size 55x
80 feet and to be three stories high,
with a mansared roof, said building
to be erected and furnished and hi
running order not later than Decem
ber 31, 1905.
Said party further agrees that said
building will be used and operated as
a hotel, and for hotel purposes only,
and to be heated throughout by either
steam or hot water.
Said party further agreeing that in
the event of the destruction of said
building by tire within live years from
December 31, 1905, that the same
shall be rebuilt, and be of the same
size, and of similar material, and said
party agreeing to secure those con
tributing tlie amount contributed,
that In the event that said building
be destroyed by tire, that he will re
build or cause the same to be rebuilt
as above stated within six months.
For the purpose of assisting said
party to build said hotel, and as an
Inducement to have him furnish and
build said hotel, we hereby contract
and agree to pay to him on completion
of said building, the amount set oppo
site our names.
Said amount to be given by us, and
received by said Hall as a bonus and
on the conditions herein stated.
The lots upon which it is proposed
to build are property of the defunct
Elkhorn Valley bank and it is stated
that title to same can be secured at
any time.
Supervisors Convene.
The board of supervisors, which are
holding the, regular July session, have
discovered that as a board of equali
zation they cannot complete
work and make the levy until
state board of equalization
its work. They
journed as an
August 1, and
business,
not be tat
after t
of <
