Ostr-x
Till ! NOItKOLK NEWS ; Fill DAY. SrPTCMBUll 14 1HOB. i
I
LEE BAILEY DEAD , CHARLES DU-
CAN DANGEROUSLY WOUNDED.
FEARFUL BATTLE LAST NIGHT
ONE BYSTANDER WOUNDED IN
HIP , ANOTHER IS GRAZED.
OUTGROWTH OF OLD QUARREL
After Bantering Words All Afternoon ,
and With City Mayor and Police In
Full Knowledge of the Trouble , the
Shooting Takes Place.
[ From TucHilny'a Dully. )
One man dead , one probably fatally
shot , a third badly wounded In the hip
nml u fourth grazed by a bullet IH the
result ofA duel ( ought between bitter
oiiomlos of long stumllng In Norfolk
lam night.
The dead :
L13I3 UAILIOY , one of the fighters ,
who was shot through thu lung and
almost Instantly killed by Charles
Dugaii.
The probably fatally wounded :
Charles Dugan , who was shot
through the abdomen by Lee Uallcy.
The lean seriously wounded :
Erlmrdt Cluus , a bystander , who
waH shot lu the hip , the bullet making
au ugly wound.
U. llordt , a bystaudor , whoso wrlut
vrax urn/oil and nloo\o cut by a bullot.
Result of An Old Enmity.
The tragedy was the outgrowth of
ft long and bitter enmity between the
two mou who fought , and the bitter
ness had been increasing of lute. Doth
have lived In Norfolk for u good many
years and bavo long boon well known
characters about town.
Quarreled All Afternoon.
The duel took place hi the Duffel
saloon on Norfolk avenue , between
Fourth and Fifth streets , lu the heart
of the busiest section of the city. Doth
men had boon lu this place all of the
afternoon and evening and words exchanged -
changed between them , which kept
growing more and more honied , fore
told approaching trouble long before
It occurred.
Was Shot Early In Evening.
It was early In the evening at
about 8:110 : o'clock and while the
streets and stores were allvo with people
ple , whoa a half dozen quick , sharp
shots rang out on the night air and
told of sorlous trouble.
What Led Up to the Fight.
Testimony of those who wore In
the saloon during the afternoon and
ovonlng , shows that Dugaii and Ualloy
hud been lu and out of the place more
or less from 3 o'clock on till night.
Dugan and a few other mon sat at a
card table lu the rear of the saloon
during the afternoon , while Dalloy
stood some distance away. Dugan ,
whoso onmlt yof Uailoy was well known
around town , made a number of re
marks In regard to Dalloy , loud enough
for the latter to hear them.
Mayor Friday Was There.
Among the group seated at the card
table with Dugan was Mayor Friday ,
who heard the quarreling during the
afternoon and who was warned early
In the evening that trouble was brew
ing , but who disregarded a request to
order his pollcemon to check the dis
turbance before It should boooiao ser
ious.
Ballsy Points Gun at Dugan.
At about 8:30 o'clock In tbo even
ing , Dugau started to leave tbo place
As ho neared the front door , about to
wait out upon the street , Dalloy , who
stood near tbo desk behind the bar
leveled a gun at his old enemy am
Is reported to bavo said , "I'm no' '
afraid of you ; I have two of the big
gest cun's In town. I've got to kll
you some time , and I might as wcl
do It now. "
Dugan Dared Him to Shoot.
Dugan turned quick ns a Hash and
though he bad no gun of his own
stuck his face in the very nose of | ils
enemy's gun and , applying the bit
terest of terms to the man with the
revolver , dared him to shoot.
"You don't dnro to shoot mo ; " ex
claimed Dugan , and Ualley tucked hi
gun away.
Dugan Goes For A Gun Himself.
This gun play ended , Dugan hurriei
out of Uio door , In search of a gun fo
himself. ThoBO present realized tlin
'ho was bunting a weapon and seriou
trouble was In the air. Dalloy , n
soon as Dugan loft , started for th
door in searcb of a rofugc , and asked
"Wbero shall 1 go ? "
Bailey Left the Place , Then
Seeing trouble ahead If Dalloy re
mained , Ralph Dovcrldge , owner o
tbe saloon , hurried to tbo man am
took him up the street to another sa
Ion. "Now you stay hero , " ho salt
"You order a hack and go homo. Don *
come back. " Deverldgo returned t
his plnco alone.
Dugan Found A Gun , At Last.
Dugan first went to the hardwar
store of Mayor Friday , but was re
fused a gun. Then ho wont to Dog
ner's , but was refused n gun. II
\ > hurried to the Oxnard bar room am
there , behind the bar , seized his owi
revolver. Those near feared he inteli
get into trouble , and tried to stop
him , but he tore away In rage am
quickly returned to the place o
trouble.
Dugan Back , Loads Gun ,
Dugan returned to the place and
loaded IIH ! gun HyHtnndofH protested
against It nnd hogt 'd him to go homo
and avoid trouble. " 1 will kill him , "
ho IH said to have declared , and there
wan no chucking hit ) rago.
MiMinwIitlu , before Dugan had returned -
turned , llovorldgo went hack to the
saloon where ho had loft Dulloy , to
oo If ho had gone homo , Ho found
Ualloy Hitting near the door with a
gun In hlH hands , pointing it out to
ward the wtioot. "tlo homo , " demand
ed Uovorldgo. and then ho wont hack ,
believing llnlloy would obey.
Mayor Was Begged to Interfere ,
Hlght at thlu point John Froythiiler ,
who hud BOCII iJiigiui load his gun and
who hud Implored him to put It up and
avoid trouble , wont out on the street
and met Mayor Filduy. " 1 told the
mayor what 1 had seen , " miyti Froy-
thaler. " 1 bogged him to send his po
lice lu there to take Dugan away and
avoid tumble. Dut 1 got an Indlf-
foront grunt for a reply. Nlghtwatch-
man Uochor wus In that vicinity and
could have taken Dugan homo then ,
but hlu cowardly Instinct made him
afraid to do his duty. If the mayor
and Nluhlwatchmun Uochor hud done
their duty ut thut moment , probably
two llvoa would have boon uavcd , an-
olbor sorloug wound prevented , and
millions grief ami sorrow avortod. The
proper authorities wuro 1'orowarnod ,
and they shamefully neglected to pro
tect Norfolk from this tragedy , or to
protect human lives , as Is tholr duty. "
Then Unlley Cnmo Back.
Dugan had gone Into the saloon ,
near tbo roar end of the bar. Sud
denly ho looked up and his eyas fell
on Lee Ualloy , who , lor some inex
plicable reason , had roturnod.
Shooting Begins Instnntly.
"Throw up your bauds ! " demanded
Jugan.
Ualloy madu a rnovo toward his gun
locket , as a reply. Then Dugan throw
iluiHolf at Ualloy , put his gun with
i a couple of foot of the man's breast ,
ml llrod. Instantly Ualloy responded
vlth his own gnu , Heading a bullet
lirough Dugau's abdomen , a couple
f Inches to the loft of the naval.
Shots Ring Out Fast.
Doth guns then spit 11 ro and lend ,
ach wounded man shooting at his
BHiillant , and the crack of the ox-
iloslons ringing out In rapid success
ion. Ono bullet grazed the slcovo of
J. Uordt , n bystander , and another
ore Into the hip of Erhardt Glaus for
Ix Inches. At least live shots were
Irod , and some say moro.
Wonder More Were Not Hurt.
With bullets raining thick and fast ,
t seemed a wonder that moro were
lot struck. At i ho first Instant , one
nan jumped at Dugan , though risking
ils own life , and tried in vain to pull
ilm away.
Men In the room niado rapid exits
and Bought quick refuge behind the
Kir , where they crouched down for
irotcctlon while the battle was being
fought to the death.
Dnllcy Falls Dead.
After each had been wounded , both
shooters turned from each other , Du-
gan started for the door and Ualley
mining behind the bar. Ualloy start
ed to run to the front end of the room
lohlnd the bar evidently Intending to
send another bullet after Dugan as ho
oft the room , but before ho had gor.o
far ho foil over dead.
Dugan Almost Shot Another.
Knowing Uulloj's start behind the
mr , Dugaii , uf tor ho passed the screen ,
hoard a footstep lu that direction and
supposed It was his onemy. lie
whirled and throw his gun at the
man , when a bystander yelled at him.
Ualloy had fallen dead , and It was
another man whom Dugan almost tar
geted. Realizing how nearly ho hat'
conio to shooting the wrong man ,
Dugan was stunned by tbo shock and
handed the weapon over to a uiivn uoar
at hand.
Dugan Taken To Hotel.
Dugan was helped Into the auto
mobile of Dr. P. 11. Sailor and quickly
taken to the Oxnard hotel. Ho pro
tested that ho was not badly hurt and
could sit up alone.
Ho was attended by Dr. Sailor , Dr.
Smart of Madison , Dr. Drush
and Dr. Holden. Ho was given
oilier and operated upon , It
being found that the Intestines
were badly punctured. It was said
bis chances for recovery were not
bolter limn one In fifteen.
Saloon Is Closed.
Crowds rush to the scotie of the
tragedy nnd the saloon doors were
locked. The dead body of Ualloy lay
strclchod out on the tloor In the rear
room and could bo seen from the front
window , so that the throng remained.
A lllllo later Uio body was taken to
the Sessions & Dell undertaking estab-
llshemont , to await a coroner's In
quest.
Nell Bailey Arrives On Scene.
A half hour after the shooting , Nell
Ualloy , accompanied by one of the in
mates of her resort , drove up to the
rear door of the saloon , forced nor
way inside and demanded , In loud
tones , "Where's Bailey ? " When In
formed that ho had been taken to the
undertaker's she became crazed nnd
applied all of Clio epithets 4n her vo
cabulary to the crowd around. Then
she left and went to the undertaker's ,
Glaus , the wounded bystander , was
taken home and his wounds dressed
by Dr. Tnsbjean. It will not bo serious
unless blood poisoning sots In.
Coroner's Inquest Today.
Coroner Kindred arrived on the
non train from Meadow Grove to hold
the inquest this afternon.
The following jury was drawn , to
hold an Inquest at 3:30 : this afternoon :
Thomas Long , 11. M. Roberts , Ru
dolph TlHhor , Al Williams , J. A. Tru-
lock , W. F. Ahlnmn.
Bailey Was Shot Before.
Ualley was shot In a row with Nell
Ualloy at her place about two years
ago , and almost killed.
The trouble between the two men
IH of long standing , and they frequent
ly quarreled when they mot. A few
wcokH ago they hud trouble on the
street which , though not serious ,
showed their enmity.
Dugaii formerly lived In Slonx City
and during the Rosebud rush lived at
UonoHtool.
UECHER BRAVE AFTERWARD.
Though He Remained Away During
Trouble , He Regained Courage.
NlghtwntchmanTllliun Uochor
grow bravo after the smoke of bntllo
bad cleared away. Although ho had
boon In the vicinity of Iho trouble
for Homo hours , ho managed lo dlscrot-
ly kcop away from the scone of light
ing until after It was all done nnd
death hud been dealt to two men.
Then his courage came hack to him
with a rush and he ordered the sa
lon doors closed. After that , when
the crowds bad Ralhored about Iho
place because of the oxcltomeiit duo
to the tragedy , ho grow over bold and
brushed vigorously through Hie
crowds , ordering them , with much au
thority , to move on.
John Froythnler approached tbo
officer and told him that If bo had
done his duty bofoichund , there would
have bnen no tragic end. With an
oath Uochor shoved Freythaler nsldc
and told him that , "If you don't shut
up , I'll Ihrow you In jail. "
Mr , Froythuler declared ho would
huvo Uochor arrested.
CHARLIE DUGAN'S FRIENDS.
They Have Done Everything Possible
to Make Him Comfortable.
Charlie Dugaii was n man who made
friends among those around him , and
those friends are doing everything
possible today to make him comfor
table , llo has suffered Intense pain
from bin wounds , but has stood the
pain without n murmur. Charlie Du-
gun made friends because ho had a
magnetic personality , was of a keen
mind and was square among his as
sociates. Ho never know the moan
ing of the word "fear , " and could
look Into the barrel of a gun without
a tremor.
Ills friends today have been recallIng -
Ing some of the traits that have made
friends for him. Ono , in particular ,
was manifest something over a year
ago when a double drowning occurred
In the cold , deep waters of Iho Norlh-
fork river , below Iho dam. Searching
parlies with endurance and skill were
badly needed at that time , and no ono
was moro tireless In his efforts of
rescue than Ibis same Charlie Dugan.
For hours at a strolch ho would dive
down Into the current of the river ,
and ho never gave up until the search
ers' efforts were rewarded. Dugan
was ono of the bcsl swimmers ovci
known in this part of the country.
During the days of the RosobutJ
reservation rush he was at Donesteel
on Iho last wild night when Patsy
Magnor of Sioux City headed an or
gauizatlon to drive out the thugs
Charlie was In the front rank of the
lliim ; line , and helped light those
dangerous men without a thought 01
danger to himself.
On the stroel ho was quiol and al
ways allended quietly to hlw own
business.
BAILEY NOT A FIGHTER.
As a General Thing He Was Not Look
Ing for Trouble Was Quiet.
Leo Dalley was n figure well known
on the streets of Norfolk. He was
of rather a quiet , rollrlug dlsposllloi
and treated the business men of Nor
folk with respect. He was not of a
particularly quarrelsome uaturo as a
general thing , but ralher sought pro
toctlon from a fight. In days gone
by ho gave many a valuable tip to
the police of Norfolk In regard to
criminals who chanced to bo In this
vicinity , and , when threalonod will
bodily harm , ho usually came to the
police and asked for prolecllon. Ho
was seldom known to crealo a dls
turbauce on the slroeL
Facts Were Twisted.
The Norfolk correspondent of the
Omaha World-Herald made sovora
errors In facts. Only two bystander
were struck , Instead of three ; the sa
loon does not belong to Don Cameron
R. Clans Is a baker and Is not a bar
louder in the place ; and the fight wa
not begun at all ns staled In tha
paper.
PHILLIPS FOR STATE SENATOR
Holt County Man is Nominated by Re
publicans of Thirteenth.
O'Neill , Neb. , Sept. 7. Special t
The News : Frank W. Phillips , o
Star , Holt county , was nominated b
republicans of Iho Thlrleenth dlstrlc
hero yesterday for state senator. Phi
lips Is chairman of the county contra
committee , and chairman of the boar
of supervisors , and Is considered
strong candidate. A vigorous roforn
platform was adopted.
Business Change at Crelghton.
Crclgbton , Neb. , Sepl. 8. Specln
lo The News : Dr. W. C. Cnmpbe
last night sold half of bis drug slor
here lo James Manlan , who has bee
clerk In the store for some time. M
Manian Is a popular young man. II
came hero from Humphrey. The star
Is one of long standing , nnd the chang
Is a recognition of ability In Iho no
partner.
If you are selling enough gdods
then your advertising Is sufficient.
ANDREW R08EWATER SA8YS SYS
TEM IS PERFECTLY LEGAL.
HAS BEEN NO CHANGE IN PLAN
A Slight Alteration In the Outlet Has
Been Made but This , Mr. Rosewater
Declared , Is Perfectly Legal and the
Work Will Begin.
At n special meeting of the cll >
otmcll hold Saturday evening , Andrew
tosowator , city engineer of Omaha , lu
ormed Iho city council that the sewer
ystom IIH planned for Norfolk Is per-
eclly legal , and Iho work will now bo
iishcd lo rapid completion by Iho
onlraclor , O. P. Herrlck.
Qucsllon had risen over Iho polnl
B lo whelhor or not the plan of run-
Ing Iho sewer down through the Inn'i
hat has boon appraised , was n legal
no. It was not known hero whether
r not Ibis plan had been the ono voted
u nt the election , and for that reason
Ir. Herrlck did not want to start
vork. Ho agreed , however , that he
vould take Iho word of Mr. Hosowntor
n Iho proposition as Mr. Rosewater ,
10 claimed , Is one of Iho best lawyers
n the stale on sesvor questions , And
o Iho engineer came lo Norfolk lo
alk over Iho mutter.
Mr. Rosewater staled that the plan
ms been changed from the original
chome , but only as regards the outlet ,
le said that a plan could bo changed
n this way If the change did not entail
n Increase of more than $1,000 in ex-
icnso , while this change will save
noney for Hie clly. The sewer syslcm
cumins exactly ns planned , ho says ,
ind all seclions gel the sewer as orlg-
nally planned , the only difference be-
ug thai Iho oullol Is changed from the
Northfork to the Elkhorn rlvor , whore
here Is a lower point.
Difference in Two Outlets.
The originally planned outlet con-
omplaled running the sewer east on
Omaha avenue at the Washington
school house and then southeast a dls-
ance , emptying Into the Northfork
river. Later It was found that , by going
straight south on First street across
he Northweslern tracks at the June-
Ion , and then going southeast through
and that has now been appraised ,
emptying into the Elkhorn , distance
could bo saved and a lower point
gained.
Mr. Rosewater agreed lo make a
corlifled statement lo Ihe effect lhat
ho system had not been altered in
any way , and that It was merely a
change In outlet at a reduced cost ,
and Ihe work will go on.
II IB expected that Mr , Horrlck will
) o bore within a couple of weeks with
imteriuls on hand , for Iho beginning
of work.
The clly council decided to employ
a competent engineer to establish
grades for Ihe sewer syslem and a
superintendent to watch the construc-
: ion work in order to see that it went
all right.
TUESDAY TIDINGS.
Judge J. F. Doyd and G. W. Meyers
) f Neligh nro In town today on busi
ness.
ness.W. . J. While made a business trip
to DloomDeld and points on that line
to bo gone a week.
Mr. Joseph Johnson will leave to
lay for Creighton where ho will visll
ils daughter , Mrs , Dates.
Henry Kennedy of Deadwood , S. D.
s homo for a visit to his parents
Mr. and Mrs. Mike Kennedy.
Those who wont to Sioux City this
morning were J. Garry and Mr. ant
Mrs. J. Wiedenfleler and daughter.
Harry Lodor rolurned from Omaha
last night.
Judge G. T. Graves of Ponder is In
town today.
A. E. Kull of Donesteel Is in town
this morning.
H. A. Haley wont on his regular
route yesterday.
B , C. Thorp of Crolghton is a bus !
ness visitor today.
W. D. Dackus of Donestoel is li
town visiting today.
R. A. Tawnoy came down fron
Pierce this morning.
II. A. Hornady came down fron
Lynch this morning.
Fred Koesler spent Sunday with his
parents In Datllo Creek.
A. T. Texely of Newman Grove Is
a business vlsllor today.
W. J. Gow made a business trip to
Pierce yesterday afternoon.
Adnni and Allen Pllger of Slanlon
were In town yesterday on business.
Walter Schulz returned from Pierce
this morning where ho has been vlsll
Ing.
Ing.A
A new slnlrway Is being built on th
side of the McClnry block.
The Illght pantorlum Is now seltled
In now quarlcrs on Norlh Fourlh
slreot.
Gus. Prlbbernow has moved Into
his now residence that was recontl
completed.
Miss Emily Huchlnson has resigned
her position ns clerk In Johnson's dr
goods store , nnd will return to he
homo In Oakdalo.
A largo window In the Ed Perr
restaurant at the Juncllon was broke
out Sunday during the high wind b
the falling of a sign.
E. C. Gay , organizer for the Roya
Achates , in n letter to H. R. Wari ! o
this city says that ho expects to b
lu Norfolk tomorrow.
Miss Ella Reynolds arrived las
night from Chicago. She will accep
a position as trimmer in Mrs. A
Stear's millinery store.
Train No. 119 , going west , set th
hay fields of S. Parks afire , burnln
SQvernl stacks of hay nnd some ha >
Ing machinery that had been left 1
10 Held , yofltordny.
The dental offices of Dr. H. J. Cole
111 bo closed from Thursday till the
rst week In October. Ho loavfs
'liurHdny for Oborlln , Ohio , where ho
vlll taka his daughter , Miss Rosclla
Cole , to college.
Doth delivery teams of R. 13. Thlein
ook n lively spin down the alloy to
o the barn back of the Pnsewulk
ilacksmlth shop. Had It not been for
ho quick work of Tom Hlght In stop-
ilng the tonniH there would have been
more serious accident of It.
The Northwestern Uaptlst nssocla-
Ion holds Its annual meeting in Orel-
hlon , commencing this afternon. A
umber of delognles lo Iho inecllng
iiBscd lliroiigh the city today on their
vay to Crelghton. It Is expected to
ring the meeting to Norfolk next
car.
A postal card received from Frank
Cummins by W. F. Hall yoslorday ,
ays lhat Mrs. Cummins was operated
n at Rochester , Minn. , last Saturday
ind lhat twenty-two gallstones were
omoved. Mrs. Cummins was gelling
long well at the time the card was
vrltlcn.
The annual live stock show and
gricultural association which begins
n Wlsncr tomorrow and continues
three'days , promises to be a great at
traction this year. This show Is a lit
tle different from the usual fair , In
hat It Is prlnmrfily for the purpose
of bringing together dealers In and
idmlrers of fine blooded stock , public
ales of which are hold every day of
ho meeting. The show was started
years ago along the line that It Is
now run , when there was very little
) edlgrced stock In the country trlbu-
ary to the town , and it proved such
a stimulus to Improvement In char
acter of cattle , horses and swine that
rom the start It has been a wonder-
ul success.
Proposed Constitutional Amendment.
The following proposed amendment
o the constllullon of Ihe slate of Ne
iraska , as hereinafter set forth In full.
s submitted to tbo electors of Ihe
slnto of Nebraska , to bo voted upon
at the general election to bo hold
Tuesday , November C , A. D. , 190(1.
Do It Enacted by the Legislature of
ho State of Nebraska :
Section 1. That at the general olec-
Ion for state and legislative officers
o bo held on the Tuesday , succeeding
he first Monday In November , IDOfi ,
ho following provision be proposed
and submitted to the electors of the
state ns an amendment to the constl-
utlon.
Section 2. There shall bo a state
railway commission , consisting of
.hreo members , who shall be first
elected at the general election in 1908.
whoso terms of office , oxcoi t those
chosen at the first election under this
provision , shall bo six years , and
whose compensation shall bo fixed by
the legislature.
Of the three commissioners flrsl
olecled , Iho one receiving the highest
number of voles , shall hold his office
'or six years , the next highest four
years , nnd the lowest two years. The
powers and duties of such commission
shall Include the regulation of rates ,
service and general control of com-
non carriers as the legislature may
provide by law. Dut in the absence of
specific legislation , the commission
shall exercise the powers and perform
the duties enumerated in this provi
sion.
Section 3. That at said election m
the year 190C , on the ballot of each
jlcctor voilng thorcal , Ihere shall be
prlnled or wrilton the words : "For
Constitutional Amendment , with ref
erence to Stale Railway Commission. '
and "Against Consiltullonal Amend
ment , With Reference to State Rail
way Commission. " And Jf , a majorlly
of all votes cast at said election , shall
be for such amendment , the same
shall bo deemed to be adopted.
I , A. Galusha , secretary of stale ol
Ihe state of Nebraska , do hereby cer
tify that the foregoing proposed
amendment to the constllullon of the
state of Nebraska Is a true and cor
rect copy of the original enrolled nnd
engrossed bill , as passed by the twen
ty-ninth session of tbo legislature o
the state of Nebraska , as appears from
said original bill on file in this office
and that said proposed amendment Is
submitted to the qualified voters 01
the stale of Nebraska for their adop
tlon or rejecllon at the general elec
lion to be held on Tuesday , the Gtli
day of November , A. D. 1090.
In testimony whereof , I have here
unto set my hand and affixed the great
seal of the stale of Nebraska.
Done at Lincoln this 24th day of
July , in the year of our Lord One
Thousand Nine Hundred and Six , of
the Independence of the United States
the Ono Hundred and Thirty-second
and of this state the Fortieth.
A. Galusha ,
[ Seal. ] Secretary of Stato.
MOST SUCCESSFUL RACE MEET
Closed at O'Neill Yesterday With Big
Attendance.
O'Neill , Nob. , Sept. 8. Special to
Tbe News : Yesterday witnessed the
closing of the most successful racing
meet nnd blooded stock show ever heh
In Ihls porllon of Nebraska. The nice
was a success financially nnd oilier
wise nnd was attended by thousands
of people. Following were the win
tiers In yesterday's ovenls :
2:50 trot : Jeaard Wllko , 1 ; Geo. M.
2 ; Lotlie Ralller , 3. Time 2:29 : 1-2
Free for all : Vyznnt Star , 1 ; Franl
Rysdlko , 2 ; Mnckenneta , 3 ; Time
2:15 : 1-2.
Free for all running race : half mile
two out of three : Chas. Mitchell , 1
Revenue , 2 ; St. Lodger , 3. Time 51
51 1-4 , 51 1-1.
Revenue took the first heat and Clins
Mitchell the1 next two.
PIERCE COUNTY BACHELOR 8UI-
CIDES WITH PEN KNIFE.
BODY WAS FOUND YESTERDAY"
Well Diggers Who Went to the House-
Found the Decomposed Remains
The Man Had Used a Dull and Badly
Nicked Blake , Gashing His Neck.
Pierce , Nob. , Sept. 8. Special to
The News : One of the most shocking
suicides over committed In this county
came to light yesterday when well dig
gers found the decomposed body of
Charles Kell , n Gorman bachelor who
lived six miles north of Plorce. The
suicide had evidently been committed
several days ago. A dull nnd badly
nicked pen knlfo was used for the self-
deslrucllon and nol until several at
tempts had been made did tbo man
succeeded In ending his troubles. Koll > -.i
possessed an estate valued at $3,000 ' !
and the only possible suggestion of
murder comes In Ihe chance that rob
bery might have been a motive , but
as ho always paid out funds by chock ,
this Is not believed to have been the
caso.
At the Inquest It developed that the
leceased had been somewhat do-
anged and , deciding to take his owa
Ifo , had used his pen knife , which was-
some what dull and had many nicks
n the blade. From unmistakable cir
cumstantial evidence Kell bad attempt
ed to end his life In the night time ,
ttrst ho made an effort to cut his-
.hroat and , Instead , cut a terrible gash
u the back of his neck. Then It seems
10 went to tbo well , where ho must
lave staggered around and , returning :
.o the house , put a looking glass on
: be chair and a lamp beside It so that
he could see to cut the jugular vein
and , after see-Hawing with a dull knife
for some time in which be sawed bis
neck very badly , lie finally accomplish
ed his desire to end his earthly
troubles.
Mr. Kell has been a resident of
Pierce county for some years and has
no relatives In this country. Ho was
lossessed of an estate valued at about
$3,000. As bo lived all alone at his 1
'arm bouse , bis self destruction did
not come to light until yesterday when ,
well diggers went there to work.
WILL FIGHT HERBERT DANIEL.
Mayor Dahlman of Omaha Will Not
Recognize Him as Prosecutor.
Omaha World-Herald : Mayor Dahl
man visited the police station early
Friday morning and instructed the actIng -
Ing police judge and the police depart
ment to recognize only Lee as clly
prosecutor.
This was lo head -Iff recognition of
Daniel , whom the council elected city
prosecutor.
Daniel Is preparing to file and have
approved his bond lo enlor on the of-
flco.
flco.Acting
Acting Police Judge Cockrell said
that he would look up the law and fol
low It and that was all he could tell
the mayor at this lime.
Lee was on duty Friday in police
court , Daniel not bavins qualified yet.
When Mayor Dahlman was asked as
to his views about the new appoint
ment , he said :
"I do not consider that It Is a legal
one , and I have Instructed the police
auliiorilies not to recognize it. The
council should have made ils appoint
ment Tuesday night , If it wanted to
fill the place. After I got back to town ,
the council had no right to go ahead
with the matter , as their chance end
ed Tuesday night. At any rate , that
is what I am told is the law about the
matter. "
City Attorney Durnam was asked
as to the legal phase of the situation ,
and said : "There is not n shadow of
doubt in my mind that the appoint
ment of Daniel is legal and will stand.
Tbe idea that the council should have
acted Tuesday night Is not sound. The
law stipulales lhat the mayor shall
send in a name at each regular meet
ing , and in the event of his failure to
do so It becomes the duty of the coun
cil to elect. Appointment from tho-
mayor was due Tuesday night , and it
was due at any time during that meet
ing. The mayor could not 'fall' to
send in an appointment at that meet
ing until the meeting was at an end.
Therefore It was manifestly not up
to the council to act until that mooting
had ended. In other words , Ihey had
no right to elect at that meeting. The
following morning a call was Issued
for n special meeting , and that meeting
was held Thursday afternoon , and Mr.
Daniel was elected. His election was
proper and in every way valid. As
soon as ho has qualified there will be
no legal excuse for keeping him out
of the office.
"If this Is a move to keep Tom Lee
In office as long as possible , until the
courts can pass on a quo warranto pro
ceeding , It may serve to keep Daniel
out for a short time but that Is all. "
Chief of Police Donahue said ho had
been instructed by the mayor to recog
nize only Leo as city prosecutor. He
said further that police department
would take no hand In Iho mailer fur
ther limn lo preserve order and wait
for legal questions to bo settled In
the courts , but would recognize Leo's
title until that of his successor was
properly established.
Entertains Friends.
Doyd Dlakoman entertained a com
pany of young people at his homo last
evening. After a pleasant evening at
games , delicious refreshments wore
served.
