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.