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About The Alliance-independent. (Lincoln, Nebraska) 1892-1894 | View Entire Issue (July 21, 1892)
THE ALLIANCE-INDEPENDENT.' that said notes sheuld bo paid; That before this transaction defend ant had rendered political services for tho Union PaciGc rail road company in opposing the nomination of Amasa Cobb of Lincoln, Nebraska, for su premo judge; That for these services defendant re ceived the sum of Three Hundred Dol lars from tho hand of Johs M. Tiiues TON, of Omaha, Nebraska, ono of the Union Pacilic railroad's political mana gers; And that said Thurston at that time took defendant's notes for the said sum of three hundred dollars; But that said note, long sinco due, has never been presented to this do fendant for payment, and it was not intended at the timo that it should on the part of said Thurston or said de fendant that the same should bo paid; That said Thurston at that "time said, "JF'e do business this way for safely ) you know. It is a sort of guaranty" That at tho time dolendant gave tho note mentioned in plaintiff's petition, the note for t!i::e hundred dollars above mentioned was due, and that plaintiff had good reason to believe, and did believe, that said Kimball never intended to press the payment of said notes and mortgage; And said defendant charges the fact to be that said plaintiff, Fred Nye, is not the real party in interest in tho prosecution of this action, and that said Thomas L. Kimball is tho real party in interest. Said defendant further says that the said sum of twelve hundred dollars was i-nlecded as a payment for political servi ces in the elation of a United Stales sena tor, and that said services have been ren dered in accordance with the agreement aforesaid. Said defendant furthur says that the sum of four hundred and forty-two dollars mentioned in plaintiff' petition was. agreed to be advanced by said Kimball for services of a political char acter, to be rendered by tlrs defendant in the election of a United States sena tor at the last senatorial election; That it was agreed that said money should be applied in the payment of certain notes originally given by defen dant to Charles W. Dake and held by Nathan Campbell and Elisha C. Calk ins, his assignees for the benefit of creditors; That among said notes was one sign ed by this defendant and Alexander II. Conner and Francis G. Hamer as his sureties; tho face of said note was two hundred dollars and tho interest and principal to this date amounts to two hundred and forty-three and 33-100 dollars. That on the 16th day of October, 1880, tho said Francis J. Hamer had been nominated by the republican party of Buffalo county, Nebraska, for the oflice of representative in the state legisla ture of the state of Nebraska, a body of men authorized to elect United States senators; That tho legislature then to be elected were required by law at its first session to elect a United States senator; That satd Hamer was understood to bo unfriendly to the election of said A. S. Paddock or said Albinus Nance to the said office of United States sena tor; That it was understood that one Si mon C. Ayer, of tho town of Gibbon, in the said cDunty of Buffalo, was friendly to the election of cither said Paddock or said Nance; That becauso sa!d Hamer would not vote for said Nanco or said Paddock if Thomas L. Kimball, in the Interest of the Union Pacific railroad and its po litical managers, requested this de fendant to tpposo the election of said Hamer and to favor the election of said Ayer through the columns of his news paper and otherwise; That said defendant then said that he did not want to oppose said Hamer whilo Hamer remained security on ono of his notes; That it was then agreed that said noto, on which said Connor and Hamer wero sureties, should bo paid out of said sum of four hundred and f jrty-two dollars; And that this defendant would oppose said Hamer 's election and work for the election of said Ayer; And defendant says that ho immedi ately began to oppose tho election of said Hamer and to work for said Ayer, and that said Ayer was elected by a large majority and voted as a member of the legislature for A. S. Paddock as United States senator; That said Kimball, nor anyone on his behalf, never paid the said noto secured by tho said . Connor and said Hamer, and that at least two hundred and for ty-three and 33-100 dollars of tho said sum last mentioned in plaintiff's peti tion has never b3( n secured by this de fendant according to said agreement or otherwise. SECOND DEFENSE. And for a second defense to the peti tion of the said plaintiff tho said de fendant says that ho preformed politi cal services for the said plaintiff at his instance and request as an editor and publisher of a newspaper, and other wise; . That he advocated at great expense to himself of composition, presses, ink, and types, asd editorial labor, the elec tion to office of such men as tho plain tiff requested him to work foi ; That such men were elected and that the services were reaonably worth tho said several sums of money alleged to be due from defendant to plaintiff, and that no balanci remains due to the said plaintiff from the said defendant; THIKD DEFENSE. And for third defense to the petition of the said plaintiff the said defendant says that the said plaintiff, Fred Nye, as the agent of one Thomas L. Kim ball of Omaha, Nebraska, took the said notes and mortgage mentioned in plaintiff's petition in his own name and that said Kimball is the owner and holder of said notes and mortgages and not said Nye; That said Kimball furnished the de fendant the several sums of money men tioned in plaintiff's petition, except the sum of $243.33, that should have been paid on the note secured by A. II. Conner and F. G. Hamer, mentioned in plaintiff's first deferse; And that said Nye is not the real party in interest and that said Kimball is indebted to the defendant for editor ial services and printing and political labor in an amount equal to the said several sums of money mentioned in plaintiff's petition and which he asks may be set off against said plaintiff's clam. Wherefore defendant prays judgment for a return of the property taken or for its value in case it caunot be re turned and for his damages because of tho plaintiff's wrongful taking and de tention of tho goods and chattels men tioned in his petition, in the sum of one thousand dollars. William C. Holdev, Defendant. STATE OF NEBRASKA ) BUFFALO COUNTY. ) William C. Holden, being first duly sworn, deposes and says that he is the defendant in tho above entitled ac tion; that ho has read the foregoing answer, and knows the facts there-i IN STATED TO BE TRUE. W. C. Holden. Subscribed in my presence and sworn to before me this Gth day June, 1881. Emery Peck, Clerk, D. C. By F. M. Hallo well, Deputy. Resolutions of Condolence On the death of Bro J. W. Zigler, and extending heartfelt sympathy to his bereaved family were passed by Biainc Center Alliance, No. 71G at its meeting July 8th. " I). W. BURD. Signed, T. J. Renick. 1886.' .1892. Farmers Supply & Grain Co. j1 OFFICE 511 CHAMBER COMMERCE BUILDING. D..rUCWILM,Bu..tat.F.AIfr CHICAGO, III. This Company conducts General Mercantile and Grain Uuslneis and Is prepared to Furnish at tho Lowest Trices ALL KINDS OF MERCHANDISE, FARM MACHINERY AND UTENSILS. BINDER -:- TWINE A Specialty, We Deal In all grades. Write for Information and prices, INDEPENDENT OF THE TKUSTS. Receives Consignments of Grain, Hay, Wool, Etc., Etc. Money advanced on shipments when desired. Direct shipments save Middlemen's profits. Mention tbla paper. , 43eot Omaha. Gommercial College. t ,vav.mi' if ism -l-x - - mMi if 1 m r r s r 1 ms . mr inuu..fe u 1 m 'mss, sm-s niit u ROHRBOUGH BROS.. Props. , 16th & Douglas Streets, Omaha. FALL TERM opens September 1. Through courses in Short Hand and Type writing, Commercial English, and Normal brunches. The only College in the country furnishing situations for its studonts. Oyer seventy placed in tine posi tions sinco Marcft 1. Over 809 enrolled this year. In a new building, plenty oi leacners, inorougn wont ana every iacmty. equip- Uerary ano tttonograpaic societies, rurmc .ft a Detainments, etc. Mako it a plea3ure ana prollt to attend. Catalogue and beautiful specimen of penmanship to any ad dress. Siorthand taught by mail for twenty-live nam s of young people. A monthly journal one year free. Investigate this college and you will attendno other. Address Roiirbocgh Beo3., Ojiaha, Neb, fot information and mention this paper. 6-lt Jill A LiD tor three hours' work per clay. This 13 the largest and best ped college west of Chicago. In ssion a!l the year. Lecturo Course, L Western (O) (O) Norma School Property. BARBER & FOWLER :. EXCLUSIVE AGENTS, Room 10, 1041 0 St, Lincoln, Neb. AMONG OUR EXCHANGES. J. B, Rominc Meetings. North Loup, July 22nd; Ord, Jidy 23. Mr. Itomine draws large crowds where ever he goes, and is doing much good. Ladies arc always invited to his meet JTOIJTLARE Compliments of the Season. The New Pleasure Resort. FREE ADMISSION. STEAMERS, SAIL and ROW BOATS for Lake Excursions. Dapcipg pavilliopT flefresrirnept flallll BURLINGTON BEACH Finest Bathing and Swimming west of Manhattan, Bar Harbor or Long Branch. Calif Suits Furnished ! GEO SPENCER, Manager. Conveyances leave Tenth and O street every fifteen minutes. Tho Tl At M. am minnlnn mrernlrur frulna from alt parts of the state direct to the famous Lined a Burlington Beach, returning the same evening. See our advertisement of "Songs of the people" 'in another column, They ara tho first an i best of the kind pub lished. .. .... fleeted to tho legislature, the said J J. J?'. CAMXELL. ings.