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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 13, 1885)
THE DAILY BEE-FRIDAY , MARCH 13 , 1885. 5 I GUILTY OR NO ? Testimony for the Defense in the How- aril Case Elided Yestcrflay , Interest In tbo Horror Deepening ns tlic Trial DrnwH to a Close. YESTKIUUY'S SESSION. Wednesday p. m. the taking of evidence for the defense In the Howard case wai commenced. As usual there wai a Iirgecrowdof Idle bums and loafcri In the court room , who watched with eager attention every detail of the evidence relating to the sickening affair. "English Liz" and Thompion. the defendants , were in tholr accustomed places , and have gained to a great degree a certain composure , which amounts almost to Indifference. Annie Kornan was the first witness for the defense. She testified : I was in Nettle's room &t various times. Talked witk her frequently. She had Ii tie to say , and told mo nothing as to the guilt o ; innocence of the defendants. Officer Whalen , I talked with Nettie often during Saturday , Sunday and Monday. Don't remember what she said. 1 was convinced of guilt of accused cusod and paid no attention to anything except to get Thompson to come along with mo. Had a conversation with her on Monday. In reply to a question by mo "how are you , " she seemed Indisposed to talk , though not acting as If In much pain , and refused to say much to mo. Several persons wore thcro Saturday afternoon and conversations wore generally - ally about the caso. I hoard Nettle speaking of being afra'd of Mr. Connolly , aud In reply to my question , Nettle sub sequently 8.1 id she was afrsii Connolly did not burn her. I took Hacket from jail to see Nettle at her request. Heard no conversation between Hackot and Nettle Saturday afternoon at her houso. Nettle said to Hackot that sh.o did not know who did It. Thompson , the defendant , was then present ; this was before the defendants wore ar rested. Nettle was then ill ; her voice husky. Thompson called Nettle's attention to Hackot , and she said eho recognized him. Officer Donovan elated : I was police officer and with Whalon at the arrest of Thompson. While there to arrest him , Thompson , in the presence of Nettle Howard , called witness to "come hero a minute ; " I walked to door of bedroom , when Thompson loaned over Nettle on the bed , and asked her il ho ( Taompson ) ever did anything to her , or burned her , and she replied , "no. " At my suggestion Thompson asked Nettle if she know who did burn her and she said "co. " This conversation occurred In the eoond room , whore Nettle was lying. Her voice wai weak and she "kind of whistled out of her mouth. " This was Sunday afternoon. Thos Ilnaiio. At time of burnlngNov 1S84 , I was police officer. I arrested Connolly on charao of suspicion of burn i ing Nottio Howard. ( Hero counsel taid it was necessary now for him to outline defense. It Is in effect that whllo Connolly nelly was nnder arrest the private aud public talk. In Nettle Howard's hearing , was all about Connelly as the guilty one , and that from this continuous talk , Net tie , in the condition she was , thought It was Connelly who burned her , and that as it was clear that Connolly dii not burn her , thoj declarations of Nettle Intro duced by the state should not bo given credit or taken as reliable her mind De- ing disordered by opiates. The court hold that no statement made by her atanothertlinocanbe Introduced to contradict her solemn djiog declaration ; no such statement shall be admitted. De fendant can show a bad state of mind ai the hour of making the dying declara tions to Invalidate them , but not former s'atemonts conflicting with thaao dying declarations. Witness continued : I had conversa tion with Nettle Howard about 4:40 : o'clock Monday evening , and at times biforo that time. I did so before 10 o'clock Saturday mornlnp , She said she did not know who burned her for the was asleep. Tha defendants wore present ont at the time. Had another conversa tion that cUy with her bolween ono and two o'clock. [ Objected fo and ruled oil by the court until foundation laid. At this point defence stated that the } could show various other dying doclara tioua than that admitted for the state The court said those would bo admittoc when proper foundation was laid. Adjourned till 2 o'clock 1 AFTEUNOON SESSION. The Intimation of the defendants' at torney tint ho would offer testimony in the scapo of additional dying declaration of the deceased woman to contradict tha heretofore presented by the iUt , drew crowd to Judge Neville's cjurt In th afternoon. It was noticeable that th persons present were of a superior class at least ia appearance , to these utiiill drawn to the trial of such cases , am marked decorum prevailed. Miss BlooraGold : Have known defend ants for throe years. Know Nettle How arJ for four yean , and visited her bout several times each day. The relation between decease ! ana the defendant were kind and familiar. Was ia Nettle' room between 8 and 9 o'clock Frida evening before she died to borrow cor oil. Nettie had nono. She took the ca and It was empty. I got no oil. Was i the house soon after Nettle was burnec having been told that the house wia o fire. Thcro were several persons thor when I arrived. I remained a short time vent home , and In the mornin early , about day-break , I returned ana found Nettle on th bed and Little lying beside her on the bed crying. . At this time Nettie was suffering and said she was full of pain. She saii nothing at this time about dying. Daring Saturday In my presence Nettle said { Hero the 1 witness was interrupted by the state and a long argument followed upon the right cf i ccaied to introduce statements made by decease : ! , after the burning , contra , dieting the statements made by deceased in the dying declaration already admitted by the court on behalf of the prosecution , Hold : That soch statements Impeaching tbo dying declaration already admitted ir evidence , are not admlssable. ThU rulliif cut short the examination of this wit ness. ] feRowen re-called : Went'to ' "Ketlio'i houto Saturday morning. She asked foi water and sa'.dlt made no difference wha * ha drank , as she was going to die any how. She at this time and at anothei tinti ( told rue'she had no Idea wh ( bnraod her , as the was asleep at thi time. time.Bloomfiold Bloomfield , recilled , said Nettle hid been drinking some the ni ht she wen for the cil. Jimea Burns : Know deceased ; was Ir the bouse about midnight of Friday , thi D ght cf the burning. Thompson anc htliW A itzzto Howard , the defendants , were in od In the back room. Mr. Montgomery wai with me. Nettie was very drunk at ait time , and she and Mr. Montgomery cnt out to a saloon and got a pint bot- o of whisky ; Nettle drank twicn whllo I vai there at this time , about midnight , Tcrbaps not after. All this time I was bore ( about twenty minutes ) Thompson nd Lizzie remained in bed , I think oth d fendants took n drink while I was here ; they all had a drink. Wo left bo. auio Lizzie said It was time to close the ouso. Nettie Howard let us ont. Goo. Montgomery : Know Nettle about ix months. She and Lizzie were seem- > gly friendly. I was there about 11:30 : u n'ght ' she was burned. Nettle had eon drinking and drank while I was icro. Thompson mid Lizz'.o ' were in ed I left the unused whisky and bot- o there. Don't know how much was oft. oft.Mike Mike Gillian : Known defendants for iroo years. Know Nettle for about four cars. The relations of the three were rlondly. I was In the homo about 3 'clock In tno morning of the burning , 'hompson came for mo to go down with im to Nettie's house to do what I could o help her. She was In bed , and in re ly to my question she said sbofelt bid , nd that she had no Idea who burned her r how it was done. LUor in the day , bout 10 or 11 , I asked her the same ncstions. and she said the same thing lat she did not know how or by whom lie was burned. Nellie Fuller was there t both these times , but not so situated s to hosr thcjo statements of Nettle loward to me. Leo Helsloy : Was a reporter on a owspapor on November 24. I wont bout 2 o'clock Saturday morning ( the irao cf Nettio's burning ) . Found defon- ants ) end a third person ( unknown to me ) in the house. Nettle Howard was ! ioro also , lying in a soml-conscioas con- itlon. Thompson was pacing the floor nflerlng with burned hande. A sugges- Ion was made to put Nettle on the bod. 'hompson ' or Lizzie , ono or the other , aid , lot Nettie lie on the floor , that she was better off ( hero. Meantime fire roko out In back room : Thompson and I ut It ont. Wo returned to the room here Nettie was and put her on the bed. nst at this time Officer O'Donovancime. Jo and I examined the room and s w * hat the fire was extinguished. I then oft for the newspaper office. The fire tiat broke out while I was there broke ut from a dross hanging beside the bad nd from the wall. Mag Johnson , ( colored ) . Known de- endants and Nuttie Howard. Went to icr homo about C o'clock of the morning f the burning. Nettle then was in bed n the front room. I spoke to her , she ocognlzed mo and I remained until bout 11 o'clock Siturday. Nettle told mo she was full cf pains ; she did not < now how shp was ( burned , as she was 'pretty full ; " that she hid heard some f them say Lizzie did it , but she did not > elievo it for they were friends , Nottio asked Llzzi3 not to leave her. I asked ler several times if she know who did it and she said "no. " I know her well for , bout ftvo years. She and Lizzie were or years most f.lendly. Nettle wanted Jlzzio Howard and no body else to put on and tako.ofTher bandages , eay ing Liz zie could wait upon her batter than any- ) ody else. Upon crfEs-cximlnatlon this witness > ere herself with perfect coolness and clearness of statement. E. A. O'Brien : At time of the burn- ng I was city editor of the Republican. [ svw Nettle Howard just after burning ; was at the house at the time Father O'Conner was there It was on Monday after burning. I wont into tbo room N"ottlo was in before Father O'Connor left. I went into the room and asked Nettio if she knew how she was burned. She replied , "No , father. " This same answer was given to several similar ques tions. This was about 3 or 4 o'clock on Monday evening. She was so weak that [ could barely hear her. She spoke In a low whisper and I had to lean and place my ear near her month. I was there not over three minutes. Father O'Cunner was in the room during my interview with her. G. H. Hacket : Knew Nottio Howard , saw her the Sunday afternoon about 2 or 3 o'clock , after she was burnod. She told me she did not know how she came to bo burned. Adjourned to 9:30 : to-morrow morning. L. F. Uilton , editor of tha Blair Pilot , is in the city. J. S. Lehne , Sutton ; A. A , Ivlugsley , Stan ton ; 3 ? . Youger , Oaceola ; 0. D. Essey.Sidney 0. A. Hall. Madison ; Frank Sanders , Rock port ; S. It. Wileon , Cincinnati , are at the Canfield , E. S , Wilkinson , Denver ; K. D. Jones , Red Cloud ; C , C. Atkinson and wife , Weeping Water ; T. B. Seeley , Omaha ; K. A. Hals , Madison , and J. W. Shepherd , Odcoola , are at the OanQeld , J. C. Brodby Lincoln ; J. L. McUonough , Ord ; William Wheeler , Fremont ; A. W. Oharde , Oakland ; J. F. Nylunder , Kearney ; W , II. Matter , Omaha ; J. A. Hadelson , Lin coln , and F. Clupagen , Sidney , are at the Cozzens , T. ILMcCagna of the Commercial National bink , returned Wedneiday from the Washing ton Inauguration ceremonies. Contrary to ex pectation ho came back unmarried. Mr. Chase , of the Excelsior , is now in Chicago , and returned yesterday. A. Phillips , Charles Chapman , Frank A. CbalTee , J. O. Bradley , Lincoln ; K. 8. Bogart - gart , BprlngBeld ; G , F. Hunter , Hastings ; W. McGuire , Falrbnrg ; H. 0. Van Camp , Rochester ; Thorn Leighton , Plattamontb , and C. Cook , of Fremont , are at the Metropoli tan. tan.John John Moran , Alax ; B. II. Daniels , Platta- mouth ; O. G. Bwson , Lincoln ; 0. C , Valen tine , Columbus ; 0 , W. Thomw , Grrnd Island ; John M. McFarland , Columbus ; E. E. lirown , Lincoln ; John M. llegan , Hastings ; N. W. Welli. Schuylerj 8. F. Perry , Hear- ney , re * t the Paxton. Wm. Donald , Columbus ; C. II. Orahoff , Lincoln ; D. 8. Cromer and O , Selah , Ewlngj George U. Hart and S. L. Sturtevant , Fuller ton ; Wm. Fuller , Nebraska City ; F. M. Gilmore 1- more , Fullerton ; O. E. Westcott , Plaits- mouth ; Wm. Franklin , Lincoln , and L. F. Hilton aie at the Millard. The Iltver. The Missouri river ii fast clearing ol Ice , and so far as reports show , hu mani fested no diipotitlon to jump Its banks , The river at this point is about stationary On the Platte the , Union Pacific re ports tay that the Ice la rotting fast and moving ont steadily to safety. At Nort ! Bend and V l ey the liver Is b nk full but unless sudden aud heavy rains fol low there will be no overflow. At othei poiatj on tha Phtto , similar condition ! exist. Salt pretzaU , large and small , frcw-l h every day. Delivered free. Lea > o or dns st H. Welcholt , 1218 Cu street HIGHLY IMPORTAHT , The Decision of tbe Sown Court Re- Mire to the License To bo Pnld by Wholesale Jjlqnor Men The School Board's Victory. Mr. E. W. Slmoral has received official notification from I Sncoln that a writ of peremptory mandamus has been issued by the supreme court in the ciso of the state of Nebraska , ex rl , school board vs. Marshal Cnmmlngs. Shorn of Its technicality of phraseol ogy , this case presents many interesting and important features. In May , 1884 , Messrs Simoral and Eitabrook commenced mandamus pro ceedings In the supreme court of the state to compel Marshal Qnthric to re port to the council the names of all wholeialo liquor dealers In this city , In order that they might bo required to take a 81.000 liquor license , in accordance with the provisions of the Slocumb law ; or , failing lu thi ) , might bo sued for non-conformauco with tbo statutor. This Marshal Gutluio bad refused to do , caylng that the liquor dealers troro exempt from the license , which was Intended only for re tillers. A few months ago , the attorneys for the school board argued tbo caio befo.o the supreme court but the mandamus pro ceedings were temporarily chocked by the fict that Guthri * was no longer city marshal and hence no action cjuld betaken taken against him. Bafllod temporarily by the technicality , Messrs. Simcral and Estabrook instituted mandamus proceed ings against Marshal Thcmas Cnmmlngs. The motion In thii casj was argued n short time ago by Mr. Slmeral , and de cision Jwaa rendered , Wednesday , as al- raady stated. In accordance with the terms of the order which is to ba served at once upon Marshal Cummlnge , that official will bo compelled to report the names of all wholesaler * doing busi ness In the city , as ho at present reports the names of the retail liquor men. From tlusa names a list of the firms In the wholesale traila ! will bo completed , and csch firm will bo served with a notice to pay at once the § 1,000 license. In cato thra liconsa is not paid at once , the firm refusing to comply will bo dealt with as are the retail delinquents. This decision , in it ] results , will add about $20,000 a year to the funds of the board of education. Thocssobasbeen long aud bitterly contested and It now appears as though the bird of victory had perched , for permanent residence , upon the ban ner of the cauao of education. FULL TEXT OP THE DECISION. State ex rel. ' va. Thomas Gumming ? , manda mus writ allowed , lloeeo , J. 1. Where , by law , it is made the special duty of the incumbent of a public of ice to perfoim certain ministerial duties as such officer , and such duties cannot be legally per formed by any other pereon to the lull extent required by law , a writ of mandamus will isiue , upon the application of any person in terested , to compel the performance of such ministerial duticj. 2. The ordinance of tlio city of Omaha made it the duty of the city marshal on the first day of each and every month , to ascer tain and report to the city council the names of all persons or firms engaged In the liquor traffic in said city , giving their place of business , whether licenced or unlicensed , and tonotifyanyualicaneedliquor dealers to at once cease the traffic and to make complaint against all persons selling liquor without license. Held that the ordinance np < plied to all persona engaged In the liquor traf lie and it Is the duty of the marshal to comply wit the requirements of the ordinance without reference to the quality of the liquor sold , at nch sale by the person engaged in the traffic. 3. The act entitled "An act to regulota tha sale of malt , spirituous and vinous liquor ? , etc. , " approved 1'cbruary 28tli 1831 , common ly known as the "Slocumb" law , applies alike to all persons who are engaged in ( the sale of milt , spirituous and vinous liquors. Whole sale dealers are not exempt fiom Its provis ion ; . KAILBOAD KTJMBLINGS , AVtaftt the Conference of the U P. Of ficials and the Committee of [ Engineer * are Discus sing Accidental The committee of visiting engineers is still ongagjd in daily consultation with Superintendent Smith , of the Un ion Pacific. From a reliable source a BEE reporter learned this morning that the subjects being discussed by the two partiesto the aifilr are as follows : In the first pbco the engineers des're an cqualizition of wages. They wish to bo paid either by inlleige , or by the hour. At present they are pa'd a certain sum for a trip , no matter how long that trip may bo or how much time it consume ] , Tha grievances , in this particular , are to be adjusted over the entire system of the Union Pacific , with the exception of the South Park road , and especially on the Utah & Northern , where , It is stated , "two- thirdors , " or men who have Cr < : d a year or two , are set up as engineers at $80 a month. Another and very Important matter discussed was the reqnoit of tha engi neers that in ciso of & serious accident , the investigation of the at tendant circumstances be made by three or more officials of the road , who shall prosecute the inquiries In a fair and Impartial manner , and fix the responsi 1A bility where It belongs. This , It is claimed , is a much fairer and more judicious nunner of dealing with the matter of responsibility ot an accident then that allowing the ques tion to bo decided by one incompetent and , It may be , prejudiced official , Another question considered was that of the abolition of the monthly hospital \ tax of twenty-fivo cents. It Is expected that the negotiation ! will be brought ti a close th's ' week , . The conference so far has progressed in t satisfactory and amicable manner , THE NEW TIME DAKI ) . It is not , perhaps , generally knowr that the now time schedule on the Unioc Pacific did not become firmly established before tbo confusion Incident to tin chang ) hai caused several meetings be tween trains coming in opposite direc tions , very nearly resulting In dlraatrou collision * . For instance , on the morn leg after the changj , one of the earl nly ] morning freights haa positive ciders teen meet ( he incoming passenger train on tbo Missouri Pacific at Paotlllon , whil la the latter train had o ders to mee th ? freight at the ttoclc yard switch. As It EO happened bo freight train was delayed on boB i j tiding Gtlujoro , and while there , tlv Mlsaourt Pacific came rnshlng along. But for the fortunate circumstance of the delay of the freight train , a disas trous collision would have been Inevita ble. Two freights also came together at Elkhorn cut , but as both wore tanning slow no damage was dono. Two more meetings were made , but on what'points could nut bo learned. J. K. Chooto has boon appointed as sistant superintendent of South Park district of Colorado Division of the U. P. nilroad , visa D. K. Smith resigned , to take effect March I6tb , 1885. THE OOUBTS , In the Federal , Stnto ami County Courts. t'MTKU STATES COVHT. In this court the Grand Do Tour Plow Co. , of Dlxon , Ills. , fi'cj a suit against the Nebraska City manufacturing com pany , for Infringements of patent rights on certain harrow improvements , owned by plilntlfT. These Improvements wore Invented by Adatn Spies , in 1873 , and ho in turn transferred them to ono M , Scott Ward , who In turn , it is alleged , told them to the Grand Do Tour Plow company. LEGAL NOTES OF 1 ESTEKDAY. Before Judge Neville y j > tsrday morning prior to taking up the Howard case , a decree of divorce was granted to Mrs. Catherine Catncnzind , from her husband , Andrew Camenzlnd. The grounds al leged ore those of extreme cruelty. Both parties are over 50 yuan of ago. Oam- cnzind was formerly engaged in the saloon business on Sixteenth street . By terms of agreement , Mrs. 0. will receive $5,000 as alimony from her husband. Charles A. Garner commenced suit In this court yesterday azalnst the B. & M. E. R. The petition of tha pUInUff sets fcrlh that on December 4th , 1884 , ho was walking along the river bottoms , near the B. & M. track , and was about to stop over a cable , attached to a steam plow or shovel , connecting at a distance with a locomotive , which was moving up aud down the line of road , for" the purpose of forcing dirt loaded on the platform cars from the surfnco thereof , wnon the cable was suddenly jerked into the air. He was thrown violently upwards , and alighting on the ground , sustained severe Injuries in a broken leg and certain in ternal lesions. Ho has been sick , as a consaquonco of those Injuries for a period of throe montbs , andisks dannges in the sum of § 15,700. COUNTY COUUT. McKay Bros , sued C. S. Raymond on a chock cashed for Fuller by Uaymond , which was forged and worthless. Amount involved $400. | " POLICE COUUT. A few plain disorderly charges , with small fines imposed. Several cases of drunk for this morning. A Gentle Warning. A certain individual connected with public Institution on Dodge street ( not far from Fifteenth ) , Is the causa of piece of deplorable scandal , of such a nature as to demand immediate ventila tion. It appear j that ho la In the habit of appearing before his windows in "un dress uniform , " generally with only i pair of unmentionable ] covering a portion tion of his Apollo-llko forai. This he has been observed to do frequently , not seeming , Indeed , to have any instincts of modesty , except those .0 a primeval kind , such , for Instance , 'tis are embodied in the beautiful llttlo story of Adam and the fig leaves. But day before yesterday those who are quartered In the establish ment opposite to that In which this wor thy Is on exhibition , report that ho ap peared before his window without a shred of clothing on his pen'on , and rapped re peatedly on the glass to call the attention of some gentlemen friends on the side walk. They failed to notlca him , how ever , and lol he next appeared at a side door , almost actually upou the sidewalk , this time , also , perfectly nude. Several ladies were sitting In an office across the way , and were unwilling wit- neesea to tno disgusting spec'acle. ' In the words of the back part of the dictionary , "verb. aap. " IJASE DAI/ . A KAKSAS CITY MANAOEU COJ1KG TO OMAHA TO 'DAY. Special telegram to THE BKE. KANSAS Om , March 12. TI o Minneapolis base ball club has applied for membership to the Western League. It will bi admitted if another club can bo obtained to make the mem bership eigat. Manager Sullhan , of Kansas City , will leave for Omaha to-norrow to see if he can Indues the Omaha people to come into the league. Convicted of Polygamy. SALT LAKE , Morch 12. Thomas Simpson was convicted to-night of polygamy. He had a w.fe In England and married another In Utah , The English wife came on and made a family row with the above result , Ono of the gentiles drawn on the jury sworn on volrdire , he believed polygamy YM right under certain circumstances. He wis excused on the same ground as Mormon bjliovers in po lygamy. Death ol a Prominent Hotel Man , Paonu , March 12. J. 8. Cltrk , who has been , engaged in the hotel business in Illinois the past thirty years died her * to-day. The Ohio ArohncIoKlcat Society. COLDJIBCS , March 12 , The Ohio archaelog- leal and h'storical ' association was reorganized today. . Allan G. Thurman presided and was elected one of the fifteen trustees. Yellow ; Fever. SAN FrtANCisoo , March 12. United States steamship Laclcawanna arrived to-day from Acapulco , haa bad twelve eaten of yel fever. Owen Grifleth " , barber , and WlUlam Wilde , tailor , died , The Mystery ot an Honfeat Gornrtn's Atlanta CorulitutlonajUt. "How vas dose" dings ? " ejaculated a German friend named Sirltzcr , the other morning , as he came Into the office with a puzzled look upoq'hls honest face. "Somo times ago , " he said , ' ! bought myselluff pig , and he was the funniest pig I ever did ice before , Ho was only B little fellow as high as dat , and ho wa ; only steen months olt. 1 dook dat pig e pall of swill the ether day , and py shim iny Christiana If that little feller dlda'l n drink op that whole pall of twill befon you cay Shack lloblnson. Den he gel right np on his hinder legs and he yellec - like the devil for more , Just dink of - dat , mine friend. Dot pi ? eats up do , whole pail of snill. Don I took dat littli - and pnt him iu dat iame pail when der swill vas from , and with dat pig In tide dat pall der pail was only half fi lid Dat's vai got der best of me. Dat d.in one of the mysteries of physics vat I en no how nnders'and.1' , Then he scratched his head in dee ; moditttlon and looked inquiringly. B could give him no s&tltfactlon > nd he de paitei DO wisr than when ha came. THE MoKUNE MUEDEE. Fourth Day'a I'roccodlnRfl In ttio Trial oT Dr. CronH for llio Mtiriler of Dr. MoKunn In Conn * ell Ulnflfc , rnocEEinxo1 ! . Special Correspondence to THE BEE. QIEXWOOD , Iowa , March 12. All par tics Immediately concerned In this Im poit nt cite were on hand before the opening of.'coutt this mornlnj. The defend fend ant and his counsel seem to bo un- rufll'd by the ( omowhat damaging ovl- dinco of yost irday , and tholr confidence- in their ultimate SUCCESS and the final triumphant acqttUUl of Cross Is un shaken. Thus far witnesses have been 1'ghtly ' cross-examined , Judge Hnbbard has occasionally presented some law question to the court ia his calm , sarcas tic way , and in a manner which Inevi tably cenvoys to the nihid of an outsider the impression that ho is Inclined to "quiz" the coutt. Ho is the moit re markable cluractcr connected with the case , aud it is often hard io decide whether ho is In earnest or merely crackIng - Ing cone sly joke at the expense of court or counsel , His profound learning and largo experience make him a formidable antagonltt , and whenever ho rises to speak ho Is sure of respectful attention Ho generally succeeds In making the court believe that ho is right. A motion to suppress the deposition of H. P. Lennox was filed by the state. Mr. Sapp announced that the witness , Handthorn , was in attendance , but that the state had decided not to examine him In chief. Ho also s'atcd that the witness , Miss Berger , would bo recalled upon a mnt'rlal point overlooked yesterday. The Identification of the map , clothes and bullet was admitted of record. The attorneys fortho accused admitted the objections , though purely technical , to the deposition of Lennox , to bo well taken. Judge Hubbarl said the deposition would not be offered in evidence. EVIDENCE FOR THE DEFPNSE C. H. SHOLES. Reside Is Council Bluff ; . Am a short hand reporter. ( Witness identifies evi dence taken qeforo Judge Ay lea worth. ) The evidence ol Emma Brooks and A. B. Nicholas was referred to. The report was read of the conversation In Nicholas' store between Nicholas and Cross , about Delia Nicholson. The threat read was : ' If McKuno assaults mo I will kill him. I will got him to strike mo then kill or shoot him and claim I did it iu self-do- fonso. " Emma Brooks then tad ! : "I heard him talk about Dr. McKuno and all the doc tors , but don't remember what ho said. Ho said , however , 'I will kill McKuno if I get a chance. ' " C. A. HAMMEK. Reside in Council Blufla. I knew Dr. Cross at the time of McKuno's death. Cross has been my physician. Ho was at my house in January , 1883 , when my child died. Mrs. Brooks nnd daughter were there at that time. There was talk about some abortion cise , don't know who. There was no such conversation as det i'o3 yesterday by Mrs. Brooks. He may have said ho would "get even with him. " There was no tush conversation as that s'ated by Ernom Brooks. Noth ing was laid about McKuno being a dirty dog , and no threats to kill him. I heard all Cress'said while there that evening. Cross was not at all excited while talking about McKuno. I understood that ho spoke unkindly of McKune , but I know ho did not that ho " " sty was a "dirty dog. MRS HAMMER. Am the wife of 0. A. Hammer and knew Cross in January , 1883. Dr. Cros ? , Mrs. Brooks and Emma. Brooks were there while our child lay dead. I heard Mrs , and Emma Brooks' testimony yes terday. No such testimony as testified to by them yesterday took place at my house. There was some talk about tbo abortion caso. Cross said that the girl , Nicholson , had threatencd&to shoot Me Kune and Plnney. MRS. SALES. I live in Council Bluffs. I mot Cross at Mrs. Hammond's the evening their child died , in January , 1883. Mrs. Brooks and Emma were there. I hearc them testify yesterday. I don't remem ber any such conversation as they test' ijod to yesterday. I was not well tint evening. Cros said that the doctors wont to the girl Nicholson's room and tried to force an entrance and that she threatened to shoot them. This was all the talk thcro WAS ea'd ' about shooting. MR , C E STONE. Have lived In Council BInfld thirty- two years. I WAS formerly a justice of the peace. I knew McKune well. I did some business for him. Ho was quite robust broad shpuldroed. I remember hearing of the Nicholson case at the time of its cccurranco. C S. I'ARKEU is a letter carrier at Council Bluffs Changed a 50 cent piece for Frnk Scan Ian a few minutes before McKnno was killed ; gave him two quaitirj. First heard of McKuno's death abont G:30 : o'clock. C. E. STONE recalled. Ho was asked to state the fasts showing that McKuno was angry with Cross , that ho bore him malice ; that he had threatened personal violence , etc. The state objected to the admission nf this class of testimony. Lengthy argu ments were made and the court withheld his dec'slon'tUl afternoon. AFTKKN06N SfifiSION. [ The legal argument Interrupted by the adjournment. , was resumed , The court Indicated thaf the witness , t c E. STONE , , might bo examined ' within.certain pro scribed limits. Ho staged ( hat the Nich olson trouble was a' ' matter" 61 common rumor as early as 1880. Did not talk with McKnno about it. Saw Crosi soon after MoKune was killed. His hand was bleeding ; there was a lamp on the back of hii head and some scratchet about the throa' ' ; the skin was broken ir ; several places and the flesh was disco' ored. It wan not yet d k when I sin him ; I am 72 years old ; Cross did nol have ai much beard then as now ; Ctoji was standing on the sidewalk whoa I ssvi him , Mayer Bownun some half-dozer ; others ; Cross was surrounded by lie crowd ; McKune was ( till lying on thi ( [ round ; Grots soon left ; Cross was bue headed ; o hers went to his house wit eth ! htm ; I think his wife came oat ; I thml _ some talk with him. . MISH ELLA 11EHOEU was recalled on the part of tha state , testified in this cue yesterday. Dr , Cros > and McKune made some movements aftc 1 fint saw them , They passed towar the outside of the walk and a few step - awiy from me. The ono with the bal head vas newest to m ? , He was nearc mo all the time. The bald headed nun was pressed backward toward mo. He wan retreating. The bild headed nun fell after the hat. Thu was McKnno. The two men were itrlking etch other straggling before Mclvono fell. Both were striking. The blows continued while McKuno was rotroU'ng ' , and up to the time the shot was fired. They were moving toward mo , JAMES MATH1SON Am employed by the city of Council Bluffs. Know Cross and McKuno In 1833. I heard McKnno make threats against Cross In the ipring of that year. A long discussion followed as to the ad- mistabillty of this class of testimony. The _ defense offered to prove that as McKuno saw Cross passing ho said : "If I saw a wolf and that man running at large , I would shoot him first. This dis cussion hni been renewed frequently dnr ing the day , and at 5 o'clock , as this re port closes , It Is raging as fiercely as over. The court has developed good lis tening powers and seems inclined to lot counsel have all the rope they want. The witness Mathison , who has been the unconscious cause of all this sound and fury , eits contentedly , listening to argu ment. NEMAEA'S ' TWINS , South Auburn' * UtiRlnoss ,1'roipcctB and Premium Mud , Correspondence of THE BEE. SOUTH AunuiiN , Nob. , March 7. From southern Nebraska wo would tend erecting , and with a human dojiro to lot the world at largo kaow that the unusu ally ssvoro winter has not loft us In a congealed state In this , the lonthotn portion tion of the Siamese twins of Nomaha county. Although March has beamed upon us with smiles as bright andbreezas as balmy as oven her fair nlstor , April , could have done , still the capricious month changes her tcmpjr suddenly , and in the pait twenty-four hours has sent us a copious amount of tha "beautiful , " to remind ns that the roads tint were fait becoming passable will , in a few hours at most , bo converted Into rivers ot mud. For the past week wo have had mud , mud everywhere on the earth and in tha air. When mud is in sea'on wo would recommend South Auburn as the muddiest place on God's green oarth. For the stickioU mud , the thickest mud , for mud that will sUy the longest , It will bear the palm. For anyone ono looking for the muddiest streets with the finest sidewalks , come to our city of magnificent diitnnces. With tno few warm daya past that cause u to think "dot sparing dime yasalmosht heroshen- tlo Annie , " tbo smile on the faces of our business men , broaden till they be come very ploieant to look upon , and everyone seems awake and active. The agricultural merchant has opened his warehouses , brushed up his goods , and goes about like a roaring lion , seeking every farmer and duly proceeds to buttonhole - tonholo the same. Business Is on the in- cresse , trade Is better , and everyone seems twice as happy as the proverbial dog that usually wags two tails. There are some changes going on in our hlther-too quiet burg. The firm of Chap- pel & McDonald exists no more in South Auburn. They having packed tholr hard- care to ship it to a more desirable point. Their furniture having beenso'd to J. P. Price , of Johnson , this county , who Utely purchased the hardware store of T. H. Gillian. The firm of Frytag Bros. , or John Frerichs , hai merged into that of Cool- man & Frytag , John Frerfchs and H. Frjtag retiring from the firm , the latter named gentlemen having received a call to spread the gospel tidings some where in Iowa. , Fcr the past two weeks a revival cf some Interest has been in progress at the Presbyterian church In this place , under the supervision of Rev. S. C. Dickey , pastor in charge , assisted by Jos. B. Nlchoh , of the Y. M. C. A. , of Omaha ; _ also a D. D. frjm Tecumseh , whoso name j yo scribe knowoth not. With what re sult remains to bo soon. The ladies of the W. C. T. U. are trying - ing to establish a loading room , but tholr progress Is slow , owing principally to lac ! of funds and the ellght Interest manifestec by most of the member ? . The crcimery which has bsen shu down all winter will open Apiil 1st , ani the Inhabitants of this city will revel In creamery butter at 30 cents per pound. The county seat question is again to b aggltatcd , though as yet little has been said or dono. There Is to be no dec'slve movement made until after the spring elections , when the petitions will be cir calatod. Should [ Auburn bo snccessfu in getting it , poor old Brownvi'l ' might as well bo painted black , and crape huug on her doora , which same mighj. bo eald p Auburn , should Brownvillo still ro'ain ' it in which case the Great Chief ( ? ) Chiircl Howe , could not enthuse enough life int his pet town to keep it growing. 11. A. DUFIIAM. IOWA"TTKMS. : Cedar Rapids his a 0 year-old chicken thief under arrest. Waterloo has eighteen saloons that ar suppoiod to sell beverages not prohibits by law. The Ea lo plow works , at Davenport were scorched to the amount of 63COO on Monday night. A $35,000 system of water-works contemplated by the enterprising town o Elliott , In Cass county. Mr. Lls'on will build a $10,000 opera homo in Newton , the citizens agreeing t contribute a bonus of $1,000. mho Central Iowa railroad company I arranging for the purchase of 1,000 Iton of ) steel rills for the improvement oftlm road. ' * < The state census board has instructed the assessors that they need not Include St. John prohibitionist * no greonbackers Ip , their returns of the Insane , To LsMars belongs tbo disUnc'ion ' of poieesiiog tha only church In the United States wherein pr yors are offered for Qaeen Victoria as the head ot a nation. Two spans of the wa on bridge over the Doi Moines river at Eldyvillo went down Sunday evening. The abutment had been crumbled by the ice and water. DRis'ine , of Cedar Rapids , liai per formed another tuccotsful operation with the ute of the new muriat of cocoalne , n removing a silver of staol from the pupil of a patient'ri eye , A prominent Das Moincs minister hai - decided the roller rink to represent all tint ia bad , as It leads the young to the race course , the variety theater , the ga7i < bliag dtn , perdition and tbo devil. Next t. t.IP A graveyard jib was recently put uf on the Waterloo L'f ' j Insurance corapanj ' 8S by Dubuque tlnrpcrs insuring a mu near death' * door , tuflerlng tn incurabli rd diteas ? , aho expectid | corps ? sold thi note , g'ven by the originators of th iwiod e , wLbh eventually led to the ex rer poee. OHAELES SANG , no Defcmls Himself Prom tlio Al leged f lundors of tlio Fre mont Press , Kditorof TIIK BEE. Nouiit BEND , Neb. , March 11. Hon. Edward Hosewater , Dear Sir : 1 observe In THE WEEKLY iBr.E of to-dtiy's issue , under the heading of "State Jotting ? , " the following paragraph : "Charley Sang , an ex-senator of Dodge county , ami man who lias been prominent In Fremont business circlet , has fallen below roro in the tcalo of private and public morale , nnd stands n good chnnco of being sent to the penitentiary. Ho was charged with bastardy by llnchol liurr , nnd the tint trial of the case , lost December , resulted In n verdict for Sang. Tlio motion for n now trial developed the fact that Charley packed tlm jury with his pals , nnd kppt thorn well saturated with liquor during the trial , niul made a number of promises of substantial towards if they ttood by him. A now trial wo * ordered , anil Charley will probably go over the ro.vl.1' Of course I do not bollovo that"yon would lend the aid of your powerful metropolitan paper to the work of sland ering a nun simply bccausa ho has incur red the enmity , personal and political , of the local prcsj of his own city. I assume , therefore , that the above paragraph was written and published because corta'n ' outrageous stituaments were undo in the Fremont paper * which yon assume to be trno , n yard ing the case in which I \\n forced to figure ns a par.y. As to the first ttitomcnt " ( hat 1 have fallen so low In the scale of public and private moral ity that 1 stand a good cbanco nf being sent to the penitentiary , " 1 will only say that if tno llttlo clique _ who have been persecuting mo in season and out of so\- son fortho past tire years bad tholr way , no doubt , But 1 would etaud "a good chance" of being sent there and without any trial either. As to "tho motion for a now trial developing the fact that 1 packed the jury with my pals , " I will merely say that the jury in quoitlou w& composed of such roprcsonUtlvo men as Fred "Meyer of Mover & Schurman , wholesale grecors , E , H. Alrls of the firm of A. M. Spoouor & Co , and ono of the wealthiest and most respectable business men In the county. Charles Voasio , of the firm of Pillsbury , Ycaslo & Co. Claui Plamback , of the firm of Plamback & Bro. , both of Fremont. The remain der of that jury wore alt equally respect able and prominent men upon whcso gooi name there has never been a shadow of suspicion. If I could have had the power to pack a jury there if as not a solitary man who Eat upon that jury whom I would luvo dared approach , nor do I believe oar CDunty contained wra'th ' enough to have bought their unanimous verdict of not gu Ity unices they believed It in accordance with the law and the ev idence. As to the fast that I kept them saturated with liquor during the trial , It is Inf tmously fals ? , and rests nolely upon the slender foundation , tint , before the jury was drawn to try the cato 1 cbanrod to meet several of them in a respactablo saloon and asked them to take a drink with mo as I did my other acquaintances who were present. I undo no promises of reward of any kind or character , I did not even disiusi the case lu an any mai- uer or way or seek t ) bias the minds of jurors , or for that maltar of my friends and acquaintances , I felt ray in nocence of the charge would bo proved when the caio wj tried , and I felt grati fied at tlio verdict coming as it did with out dlscti'sion or division. All I asVod ; ' was for the press ta leave the matter * where It seems to mo It should have been left , with the courts , for adjudication. In spite of all attempts to blai or preju dice public opinion against me , I was ac quitted , and have no fear of the result when It again comes to trial. Thn now trial was finally granted upon the Bflida- vit of a man named James Murray , retailing tailing "a cock and bull" story about a ceitiln juror ( who was not upon the jury trying the case at all ) saying "ho wanted to got on that jury to give Charley a lift , "and in support of his Tstatament claimed another person heard the remark made both the juror and the person called on by Murray llatly contradicted hs affidavit in every ossentUl particular , but because this mm Murray was county judge , and the other two men wore merely private citizens and no doubt influenced to a certain extent by the insinuation , smut and innuendo of the local press , the judge granted anew now trial. 1 presume now trials are fre quently granted In courts of law and fre quently are more cf an Injustice to , thau a reproach of the | arty winning the unit. Finally , "that I will probably go over the road" I have this to say : That I have lived In Djdgo county fortho laitsixteen year > ; that I have done a good deal of bueincsi ( and by the way I am still doing a goad deal ) , and during all that lima , I do not believe there is ono man in this country who will say that I over wronged or defrauded or lied about him or her In prlvato or pub lic ; and that something more serious than thohato of a little ccterlo of envious small bore politicians will bo required to lower mo in the estimation of my friends and neighbors without regard to politics. In conclusion , dear sir , I ask , and under the circaoutinces think that I am justi fied in asking , that you now take some pains io aituro joureclf of the facts of this case , I and u ako mo the | amende honorable in the columns of your paper. Very truly , yours , CHAKLIS SANO. Tbo Herdor'n Lonely Life , St. Paul Pioneer Press. A gentleman who has for some time been engaged In herding sheep In Monta na , remarked to mo that that soit cf lifo < drives more men to midnois than almott * any other occupation. The dreary monotony ony of the life , day ifter day and month af er month the absence in BO many instances of any sort of companionship among men , with only the bleak plains and treelois moan- tains for association has a more paralyz ing cffact upon the mind than any amount of Activity. It dojs not teem to be work that hurts men ia tint position BO much ai a numbing Inactivity. The vast ranches in Montana and Wyoming and Idaho , therefore , breed madmen or mononunfas , In cumbers sadly on tlio Increase. It does not saem to be onfinod to any ono o'ass of ranch men , cither. Broken-down bininesi men who bave gone to sheep raising or cattle raising to recover their fortunes ; students and professional men who have gona to the plains to got health and strength , as well as those who are ia a measure born and bral to that sort of a life all are alike susceptible to Its mel ancholy Influences It ii reported as an undisputed fact that those territories named are producing a crop of lunatici ttart'ingly ' on the Increase. OANON CITY COAL. We are again In receipt of a full supply e of this popular coal. Prompt delivery. NEBRASKA FUEL CO. , I 14 S.lS.b St , next to Omslu Nat'l Bank , 'V
