Nebraska Newspapers

    THE 11EI) CLOUD CHIEF.
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ssSIIIfl TOOK HER LIFE
' MRS. KELLY FELT HER DIS
CRACE KEENLY.
Km I'lnlnllrr In n Sciumtliinnt llliiirre,
Suit Willi Her Null, lull I'li'lerreil In
Die limlirr limit In leollfy i SriuliU
Tlinr Oilier MrlinmUii ff.
Mrs. Soth Kelly, who llgiirco us
plaintiff in the late sensational Kelly
divorce case trli'il at Tehnmuh In the
district court, nml out of which grow
Uir indicting if her attorney by tlio
grand jury upon three separate counts,
loolt rough "" nils tin' other tiny from
the rlTcets of which .she tiled later.
The remains were sent to her home at
Lyons. .Mrs. Kelly wns successful in
her ilivorco ease. securing the divorce
nml S:.,()ilO alimony. Shu had been In
Tekninuh for several weeks, being one
of the principal witnesses before tlie
fraud Jury, and was also to appear an
one of the state' principal witnesses in
the eases against her late attorney.
I'rnin remarks made to friends a few
days previous to the suicide, It Is sup
posed that tlio fact that she had to
testify in these eases preyed upon her
mind, iiimI undoubtedly led her to tally
the fatal step she did.
THE NEBRASKA BUILDING
Where II will Ntmul JlcrhiinUiii -Mure
SiiliatHiilliil 'limn Oilier lliiHiHmc.
On the east side of Sherman avenuo
nn Immense tract of ground has been
leveled off, harrowed mid seeded to
gross. 'Tills Is what Is known as the
bluff tract. It Is on the east extremity
of this tract, on the very edge of the
bluff overlooking the. .Missouri river
bottom and affording a splendid view
of the Iowa shore, that the Nebraska
building stands. It is also well under
way. The foundation is all completed
mid a temporary floor surmounts It.
The work seems to be of a very sub
stantial character, not at all such an
one would expect to see put Into a
building to serve simply a temporary
purpose. There need bo no apprehen
sion that the building will not bo per
fectly sufe, as has been intimated. Its
mechanism seems to be much more
substantial than that, of any of the
other big buildings in progress.
EDITORAUSTIN GUILTLESS
'ol (Sillily of Uir Clmrjrn of ('rlniliiully
MlirllliiK Hoi. Illnr'n.
IM1 tor Austin of the Lincoln fall was
tulcen to (teuera Monday afternoon to
answer to the charge of criminal libel
profcrrcd by Itev. I. II. Mines, a Con
gregational minister of that place.
Mr. Austin was arraigned bed io Jus
tice Hamilton and .Mr. Mines soon took
the witness stand in Ids own behalf
and was kept busy by Attorney Manic,
who appeared J.itr Mr. Austin, who
wove about him from his own evidence
u web tliut created general surprise
umong the largo number present. At
8: III) p.m. the hearing was continued to
Ttioduy iiinruiug. At the conclusion
of the evidence Tuesday morning Mr.
Austin was discharged. The outcome
of the trial was unexpected. Itev.
Iliues lias stood well in tieueva and
has an estimable family.
NEW TRIAL OF BOND &ASE
It Will I'rolinhly lio UU Soon Heron)
.luilur Dlcklnioii.
It is Intimated that the next trial ot
tlio ease against Hartley and his bonds
men, if It coined during tlio current
term, will be before Judge Dickinson,
mil if It id, there can, It is asserted,
hardly bo nny different conclusion
reached from thatannounced by Judge
I'owen, forjudge Dickinson sat with
Judge Howell during the argument
nf the very questions ruled upon by
the latter, and in announcing his rul
ing Judge Powell distinctly stated
that lie had gone over tlio pleadings
Hid authorities thoroughly with Judge
Dickinson, nu intimation that the lat
ter agreed with him, although Judge
Powell stated at that lime that he did
not intend by that statement to sad
dle nny responsibility for his ruling
upon Judge Dickinson. So it Is fair to
presume that If the defense demurs to
the petition of the state Judgo Dlckin
Mm, If tlio matter is before him, unless
ho may have bad new light on the
ijuestlons involved before that time,
will hold just as did Judge Powell
that there was a vacancy In the ollice
which voided tlio bond, and that the
statute requiring approval before the
beginning of the Hartley term is man
datory. If it was mandatory, then ap
proval of the bond could not be waived
and tlio treasurer forfeited his ofllco
by a provision that could not liavo
been waived by the state, or its repre
sentative, tlio governor.
BURNED BY GASOLINE.
Attempt to Smuttier Flume KiuW lu
Injuries,
The lire department of Fremont was
mst Saturday, October 2.1, called to tho
residence of J. W. Clnssau. The cause
of the alarm was a blaze caused by n
gasoline stove. Miss Diiliti, u sister of
Mrs. Classun, had lit tlio stove to get
breakfast and probably generated too
much gasoline. The room was a mass
of Jinnies before tho young lady could
jfet away. She w;ns badly burn?diabout
tho bauds and arms. Mer cries aroused
the family and an alarm wastiirucd in.
Pending the arrival of the. department,
Mr. flassnu attempted to put tho tire
tint but was badly blistered on his
hands and feet.
HORSES PERISH IN FLAMES
WITH
HIS THROAT CUT
Man Fount! l-)lnc "' Hie I'nliiii I'mllli
A, Track 'ear Meml,
About four o'clock Monday after
noon, October s., a man was found ly
inir in tins crass nlnnir the Union I'n-
eitic railroad about a mile east of
Mend. Ills throat was cut and he was
in an unconscious condition, lie was
taken to Mead by A. Swansea, the man
who discovered him, and placed in the
t-hurgi! of tho marshal, who took him
to Wuhoo and turned him over to tlie
emiity authorities. County Physician
Way dressed his wound and he. was
taken to the poor farm. Me says lie
was knocked down and robbed of S3u
that morning. Mo imagine Indians
are after him. which would indicate
that he is oil mentally. Ho will re
main at tlie poor farm and the mutter
wiil bo look Into by the authorities.
rounder or Dunne l'ntlei;i Demi.
Word has b en received in Mucoid
of the death of Colonel Thomas Domic,
uu engineer of national reputation,
who is particularly close to Nebraska
people liccausu lie built the II. fc M.
railroad into thls'state ami was one ot
the founders of Donne college at Crete.
lie died suddenly at West Townseud,
Vt Friday, October 22. Colonel Doano
wns :cventy-slx years old.
IMarmrml III I line.
Monson's opern house ut Oiceolu had
another close call Sunday night from
destruction by lire. One o Mousoh'b
clerks had carelessly left open a box
of matches and tlie mice did tlie rest.
The timely discovery of tho blaze pre
vented ti hot time iu the old town that
night.
A Nen Hunker nt t'Mimnm,
John T. Marshall, cashier of the
Hank of Paiuima, mid his estimable,
wife, are rejoicing over the arrival of
a boy who made ids nppciirnuco at
their home Monday morning lust in all
tho glory of his ten nud a half pounds.
Foreign. Mnnejr Inettel.
OverS43,000 of outside capital is in
rested In sheep feeding in Mall county
representing -M.331 bend of sheep nml
over 8142,000 of foreign money Is in
vested in eattlo feeding, representing
over .1,000 head of cattle.
EXHIBIT "A" FORM OF NEW AUSTRALIAN BALLOT
Clay Count)' lllgceat llarn Destroyed II;
IMrr. With t'oi tout.
The large livery barn belonging to
Harney llryaut at Fairfield, took fire
Friday night last from some unknown
cause nud in n few hours wns reduced
to smouldering ruins. Tlio barn was
one of the largest, if not tlie lnrgcst in
that part of the btate. tlie lumber iu
it costing nearly S.1,000. Thirteen
horses and u number of carriages were
lost. The ease of tlie tiro is n mystery,
but it appears to huvo originated in
the upper pnrt of thu barn. Mr, Ury-
ant carried an Insurance1 of only S1,000
on thu barn. The loss on stock will bo
total. '
Trnilo With 1'iinnrrH. Heavy.
The past week has been one of netlv
ity among tlie farmers and business
men in tlio vicinity of Milford. About
twenty carloads of steers lmvo been
received for feeding nnd a number of
carloads of sheep.Twelvo wagons were
sold in six days by one firm to corn
pickers, nud the lumber yard has been
kept busy with u number of hands
supplying tlio farmers witli lumber for
corn cribs and other improvements.
Utility of Ilnpn.
At Wilber, iu district court, a verdict
of guilty wns returned against Whit
ney Stotts on tlio ehnrgo of statutory
rape upon tlie person of Minnie, J. Yunt
of Crete, of whose illegitimate child ho
in tho said to be the father. Stotts is
twenty-eight years old, and tlio girl
was only n little over ilfteen when tlio
offense was committed in October, 1800.
lio wns brought from Kutisns on n
requisition to answer to tlio charge.
Knttrn llrltlge. (She Atrnjr.
An old rotten bridge over Super
creek, in tho southeastern part of
Jonnsou county gave way tho other
day and precipitated a man nud his
daughter, strangers iu the community,
together with a team and wagon load
of tipples, down Into tlio creek. They
fell about ten feet, but escaped iujury.
The wagon was wrecked.
Henry ltoiiml Over. '
OeorgftH. Menry.nllas W.ll. Swoonoy,
theiiiun who passed tlio bogus check on
tlio First Natlul bank ut York, waived
preliminary hearing and was held to
tlie next term of court iu a bond of
fl.fiOO.
Don't Want It.
Omaha wheelmen have given up the
attempt to secure tlio national L. A.W.
bicycle meet for 18US. Internal dis
sensions among local wheelmen nnd a
rack of funds is tlie cause.
MU Wllllninii Hclnntuleil.
Miss Libbic Wlllinms of Nebraska
City hns been reinstated ns a micro
seoplst in tlio bureau of auimal Indus,
try at South Oiiiaha.
Droit Ills l.ef.
The tive-yenr-old son of Martin
(Vcrusman of Cedar Muffs tried to
climb into the wagon by using1 the
hind wheel for a Udder. Tho team
started and the little fellow's leg was
frroken before it could be stopped.
Kterllnif Moro Untitled.
The clothing store of C. II. Catehpole
at Sterling wns burglnrl.cd Friday
night ot about fifty dollars worth of
goods. Kutrnuce was effected by cut
ting out n panel.
IIU llnml Slashed.
Lew Troutman, who lives northeast
of Hinedict, the other day met with
quite a serious accident. While- shell-
lug corn lio got his hand fat in the
shcller nud tried to draw it out by put
ting his other hand ngninst the sheller
to aid him in extracting his fastened
baud, and got it fast. Soiuu of his
lingers hud to bo amputated.
Library Day Olmerved.
Tho Geneva public schools obierved
library day, October 22, with programs
and addresses. A number of donation
of cash and books were received,
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READ CAREFULLY
Hie Following Instructions to Voters
Taken from the Rlcction Laws.
1. 1'ersons desiring to voto must pro
turo their ballots from a judgu of the
election board.
2. They must then, without leaving
tho polling rllaco, proceed to n com
partment uuil prepare their ballots.
3. Tho ballots uru prepared as fol
lows: If you wisli to voto n straight
ticket, mulct! u cross mark in tlio circle
at the top of tho ticket, and your bal
lot will then bo counted for every can
didate on the ticket under tlio circle.
If you wisli to vote otherwise thiui tlie
Btrulirht ticket, you nhicu a cross with
nn indelible pencil in tho ntpiuru on the
right margin of tho ballot opposite tho
tiamu of eacli person for whom you
wisli to voto; if you wisli to voto a
straight ticket with the exception of
coitainofllces, place a cross in the cir
cle at tho head of tlio ticket you wish
to voto in tlio main, and then place a
cross opposite tlie names of the candi
dates you wish to vote for on other
tickets, or when two or more candi
dates are grouped on the ticket for the
same ofllce, ns two or moro represent
atives, uud the voter wishes to voto for
one or moro on another ticket or tickets
in any group, tho voter must inako the
cross mark after each candidate in tlio
group on his own ticket that ho wishes
to vote for, and also after tho niiino
of eneh enndidato on nny other ticket
or tickets grouped for the same ottice
ho wishes to voto for. Ho careful thut
?ou do not mark tlio names of persons
or whom you do not wish to vote. Do
not make, any mnrk on tho ballot, save
as nbove directed, or tlio ballot will
not bo counted. If you spoil u ballot
return it to n judgo of tlie election
board and obtain from him a now bul
lot; you cannot get more than four iii
all; take this to a compnrtmcut and
mark It properly.
4. Having marked tho ballot, fold it
io as to conceal the namca and niarka
on the face, uud to e.poso the names
on tlie back.
5. Take it to tlie judge of election
before leaving the iuclosure and see it
deposited in tho box.
0. Immediately leave tlie railed ill
closure. 7. If you wish to voto for nny person
whoi-e name does not appear upon tlio
hnllot, write or inr.ert his full nil me iu
thu blank space on the hnllot under
tho proper ollice you wish him to hold,
and make a cross mark iu tho proper
margin opposite the same.
H. Do not take any ballot from tin:
polling place; you thereby
right to vote.
Skc. 27. No person shall falsely make,
or uinko oatli to, or fraudulently de
face, or fraudulently destroy1 any cer
tificate of nomination, or any part
thereof; or file, or receive for filing,
any eertilicato of nomination, knowing
tlio snmc, or any part thereof, to be
falsuly inttde; or suppress imv certifi
cate of nomination which lias been
duly filed, or any part thereof, or
forge or falsely make thu official en
dorsement on any ballot.
Kvory person violiiting uny of tho
provisions ot tliis section shall bo
deemed guilty of n felony, nnd upon
conviction thereof lu any court of
competent jurisdiction siiall bo pun
ished by imprisonment iu the peniten
tiary for a period of not less than one
year nor moro than live years.
Skc. SO. Kvory nubile officer upon
whom uny duty is imposed by tills act,
who snail wiinilly tin or periorm tiny
net or tiling herein prohibited, or neg
lect, or omit to perform nny duty us
imposed upon him by thu provisions of
this act, shall, upon conviction there
of, forfeit his ofllce, uud shall be pun
ished by imprisonment in the county
jail for u term of not less than one
month nor more that six months,
or by n tine ot not less than 3100.00
and not more than 9A00.00, or both
Mich tine anil imprisonment.
Sec. 30. No ofllcer of election shall
do any electioneering on election day.
No Demon uUomaoejrex aluUl da. any
electioneering on election day within
uny polling place, or nny building in
which nn election is being held, or
within 100 feet thereof, nor obstruct
the doors or entries thereto, or pre
vent free ingress to or egress from said
building.
Any election ofllcer, sheriff, consta
ble or other peace ollleer is hereby nu
thorized nud empowered, and it is
hereby made his duty, to clear tho
passageways and pre vent sueli obstruc
tion, and to arrest any person so do
ing. No ncrson shall reinovo nny ballot
forfeit the J from tho polling plaeo before the clos
ing oi tuu pons.
No person shall show his ballot af
ter it is marked to any person in such
a way as to reveal tho contents there
of, or tlio name of tho enndidato or
candidates for whom he has marked
his vote, nor shall any person solicit
the elector to show thu same; nor bhall
uny person except thu judgo of elec
tion receive from any elector ii ballot
prepared for voting.
No elector shall receive a ballot from
any other person than one of tlio
judges of election having charge of
the ballots, nor shall nny person other
than such judges of election deliver n
ballot to sucli elector.
THE CASE DISMISSED
BARTLEY'S BONDSMEN NOT
LIABLE.
Jmlge, 1'nnrell on Utile nml I lie Cine U
DUtnUoeil Without l'rejiullco liy Atlnr
iieyOeiieml Sew C'nuo I'llril Include
SlriieiV Walter.
The ense of tho State of Nebraska v.
Hartley's bondsmen, which has been
on trial several weeks at Omaha, came
ton sudden termination Friday, Oct..
22, in Judgo Powell's court. The casfi
lias been fought with determination by
botli sides. The defense has ull nlong
claimed Hint they were not litiblj be
cnuso Hartley's bond wus not properly
approved. From tlio record it nppcurs
that Judge Fowell, after having held
that approval was Iniinaterial, changed
his decision iu this respect after this
state hud submitted testimony tending
to prove its ullegatlons. Tlio stnto
had depended upon tlio ruling that ap
proval was liuiiiiitcrinl nnd hud intro
duced no testimony on that point.
When tlie judgo held that approval
was necessury, and that thu state
could not recover on the bond intro
duced, claiming thut "tho failure to
approve tlio bond before .Innuury 3,
lhii:,, was a very material failuru uud
that by that failure tlie ollice o' btute
treasurer became ipso facto vacant and t
remained vacant until .iniiitnry7,18D7,''
Attorney-lleneral Smith dismissed tlie
case without prejudice. Shortly after
doing bo ho filed ii new petition iu
whieli ull the transactions nro set nut.
showing tlie delay in tho approval of
tlio bond and tlie subsequent waive
of objections by the defendants.
'I'll, lit tnt-nnvarrmiftrnl itliifmu lnf JKk "
ginuintr a new action will tret tlio Ca3
to triul sooner than lie would have'
been able to do if ho had stood upon
his amended petition and allowed tlio
ease to go over until the next term.
It is understood that the defenso will
demur to thu new petition on the
ground that the vacancy claimed to
have occured because of tlio failure to
lmvo the bond approved before Hart
ley's term began is a vacancy created
by n stutute that is matubitory, and
tho oceurrenc of this vacancy could not
therefore have been waived by the
bondsmen nud forfeiture of ollice could
not have been waived by tho sUjJle.
If this demurrer is sustained, ini7l
there is little reason to doubt thut it
will lio if the ease happens to be set
down for lien ring before Judge Powell,
the case will at once go to the supreme
court.
Judge Powell's decision that tlio of
llco of tlio state treasurer was vacant
during nil of Hartley's term, raises tlio
question as to whether or not Hartley
will no compelled to undergo bis sen
tence for embezzlement. The trend of
comment among lawyers was based on
the question, If Hartley was not state
treasurer, can he be convicted of a
shortage us state treasurer'.' fie was
convicted as state treasurer, and if tho
court holds he was ni.t treasurer 1il
hns in law been wrongfully cmivictccVv
Tlio result of the decision uinkcs i;t
extremely iinprobablo Hint tho statu v
will ever recover the shortage.
flroiicht Hack for Trial
Tim tnnn who nnsseil n homis elieoX
on tho First National bank of York "
last March and secured iiW was ar
rested nt his home iu Hampton, III.,
nnd brought to York by A. Irle, a
a Pinkci ton detective, and lodged iu j
tho county jail. Thu matter had been j
placed in the linuds of the American j
bankers association, which, with tlio J
nid of the Pinkcrtons, succeeded in lo
cating and causing thu man's urrest
While nt York ho gave his.naino ns W.
S. Sweeney, but his right name is
(corgo i, Henry, lie bore nu excel
lent reputation us a citizen wliero ho
resided and held the ofllco of eity cleric
nud justico of the peace of Ilamptou
nt the time of his urrest.
nllas KiU
arrest nti
l of Oiiuft.
No elector shall vote, or offer to
vote, any ballot except such ns lie re
ceived from the judges of election hav
ing charge of tiio ballots.
No elector shall plaeo nny mark
upon his ballot by which it may nftcr
wards be indetifled as thu one voted
bv him.
Kverv elector who docs not voto the
ballot ilollvered to him by tho judges
of election having ehnrgo of tlio bnl
lots, shnll, before leaving tlio polling
plnce, return such ballot to such
judges.
Whoever shall violate nny of the
provisions of this sectiou shall, upon
conviction thereof in nny court of com
permit jurisdiction, bo lined In any
miji not less than 825.00 nor more thou
$100.00, and adjudged to pay the costs
oX Proiecutjotu. -
Killed by it Train.
August Zalioe wns killed at Scrlbner
Friday night, Oct. 22, by a special
freight train on tlio Elkhnrn road, lio
had been helping himself to nn nnu
fill of wood at tho couipnny's wood pile,
near tho road house and whilo eross
ilig the track with it stumbled on a
rail just ahead of tuo special train nnd
wns cut up into littlu pieces. Ho was
nu old man, seventy-two years of nge.
untl lived on tlie south side. At tint
coroner's inquest tho railroad wns ex
onerated from till blame.
11,-qutRlllnn, Imiiim!.
A requisition has been issues by tlin j
irnnimnr for Frank It. Gee. nlius KcU K
ward C. Ilrowu, who is under
Tnnpltn. Kan. Paul Charlton
hn is the complainant. He scvys Frank X
11. Oeo committed erand larceny by
carrying off a Thistle edition of tlk
works of Hubert Louis Stevenson, vn"
ued at SlO.'t, the personal property
Charles Scribners' Sons.
I'liiiRylim 1VIII Uimnlr.
It was announced Friday evening
repulilican swuo oenimuiiricrs inn
Senator John M. Thurston would de-i
voto ono week to campaigning in Ne
braska. Ho will begin this week. Sun
utor Thurston's itinerary hns not been
made out, but it will probably include
York, Fnlrbury nnd PJattsmoutli,
among other towns.
DIr l'enri.
State Auditor Cornoll had his roller
top desk covered with fruit Friday.
Tlie display consisted of a lnrgo vari
ety of npplcs and pears sent from a
fruit show In tho state of Washington.
Some of tlio pears are as large as small
squashes.
Fell In Ihn Well.
The Httlo four-year-old daughter of
Simon Kelly of Lincoln fell Into a weV
recently and narrowly escaped drown
ing. She was playing around tho top
wnen mo uoor gavo way and she was
precipitated into the water. A little
iioy baw tier fall and gave tlio nliirm
Fortunately her clothes buoyed her m
Until fillO could bn resell. .! Kim ,.-...
frightened almost to death and hnd
Biruiigicu irom swnuowing so much
water, of which there was fifteen feet
in the Well. She) rer-nvoril milnMv
however, and is little tho woree'lfor
her damn vtiAi-lnnpA ' .
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