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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 15, 1885)
aff "s. _ i YT om THE DAILY BEE-SATUJRDAY , AUGUST 15 , 1885. LINCOLN. forl onto Slate Capitol and How i is Progressing , An Insane Patient at the Asylun San Over and Eilled , Flro AV t < lon ar.rt 'His ' "VVork- A Gauntly Crank Locil Notes. AT THE OAPITAIj. TUB STATE BUILDING. Approiohtng the state o pltol bnllilinj from tin west ono is struck with thi iquatty appaaranco of that clova'.Ion , nnc tipDn getting nearer cracks , largo joint , in the masonery and other Impcrfoc work Is dltcornablc. The oontraoloi apparently U dobillbtorl on account ol the hot wjataor , for there are but fo v workman ongigoJ oa the building , and things drag in a most pltiablo manner. The lazy creak of the Inlatlng machine is heard , and procoatly a box loaded rrith brlcMls landed nt the second story. The anolont Egyptian ! used etraw in tholi brick to hold them together , but thost nscd In the Nebraska capital nro la nc way similar. A reporter attempted tc pick ono np but It crumbled in his hand , Another cflort resulted In the same way , The c .tiro . box WAS gene rvor and when the task was completed thoto was not u whole brick in the lot. Thcso brick are used on the main portion of the structure now ( n courao of oroctlon. The otono Is brought from S'.out'n quarry ct Lomi- vlllo , shaped nt the penitentiary , and then taken to the capltol and sot In posi tion. Thn work Is done by convicts , nnd often mistakes are undo What practical workmen call "joints" In many Instances at the capltol fire very largo and unsightly looking. Cracks in the etouc , ossified foundations , nnd streaks through many stones , mar the looks of its oxtorlor work and add to the Impression that a good job In not bolng dono. Thom m chit oc I , Ear. Wilcox , ia not here much and he loaves the dotnils to the contrac tor. The oontrsclor loavsa tbo work to hia foromnn , and the foreman Is very lenient with his men. Ono or two con- vlota lazily chip stone In the enclosure , two or three mon hoist the blocks np nnd four workmen sot thorn In placo. They ocomto bo content If they are eat plumb , and think no further ot it. Over the west wing windows two of the largest ones have already cracked , and very badly , too. There is a neccseity for bet tor work on the capltol nnd the proper persona should tnko Immediate steps to coo that It is dono. A LUNATIC'S DEATH. As the conductor of the local Wymcro freight train wan checking up hla carj at 1,30 o'clock yesterday morning , nnd af ter tha train began to move , ha cav the form of a man lying across the track. Signaling for the engineer to stop ho drew tha man out from In under the oars , bnt not until another set of trucks had run over the man's Inanimate body. "When picked np the man was qnite dead , the wheels having run over the trnnk of hia body , littorally cutting him in twain. Upon inquiry It was loarued that the dead man was named Brookor F/ckoroll / , end was a patient at the In- eano asylum. Inquiry at the asylum failed to elicit much information , the officials there oven being unubla to tell the man's given nauio The debased came to the naylum from Sjward Borao four juira ago nnd was a man about thirty yours of ago. Ilo was married nud had several children. Btfjro his iucstc.-ration ho msdo Doveril attempts to commit suicide , and when received at the asylum hid n rrouud in his left sldo , made during ono of tboso attempts at nclf destruction. A Mr , Brown , formerly nn attendant at the nsylutn , and who oaad to drcsa PJckcroll'a wound , eays that ho was R nly person , mid always Intcmt on getting away from the asylum. Ho veciped during the ex- erciio hour , bat the attendant gave no notice of Ills dlnappouanc * . Tea body wi * taken to Robsrt'o undertaking room , where the coroner held an Inquest , fiud- ing a verdict in ncondatc > with the facts here given. R Utivea at Seward have been tolngrnphed to , and have signified their lutonti jn to have the romalna burled at Reward. DISEASED STOCK. Dr. J. Qartb , the state veterinary eur- geon , Is in Lincoln , and actively engaged in his olliolal dnliea. Yoaterduy morning I o killed a glauderod horsn ( n Llnsuln , Mid Jus Bovora ) others lu viorr. He finds that there ii much Icsa sloknois timing horjcs thm was first tujpoied Oattlo and hogs will next engage the sur- geon'a attention , and ho oxpeois to find iuoioatckaois among that kind of atock than among hnrirs DEDIOATINfl A CIIUUOU. Next Sunday the new First Molhodiat church , at the corner of Twelfth nnd M streets , will bo dedicated with appropriate Bcrvlcen. At 11 o'clcok in the morning services will bo conducted by R v. MoKalg , nstlsted by Bishop W. P. Nlud . of Topeka , Kans&s. Trio muaio will be exceptionally good , and as the services will bo more than ordinarily iupraaslvo , there will doubtless bo a largo assemblage of people. Upon next Monday evening there 'will ba a reception held at the rest- dencn of tbo paitor , upon Tuesday oven- lug there will bo a musical nt tha church parlor , npon Wednesday evening thoru will bo preaching , upon Thursday even ing there will bo protchlng and also noon Friday evening , upon the eninlng Sun day Bishop BuiYinun , of St. Lout ) , will preach. A OUANKV COUNTllYJIAN. A man named Lntmzor , living uui in the country toveral miles , and who haa been arrested Hovoral times , Inslstn on croatlup disturbances In hla ncizhbor- nood. Yesterday morning Ohief ot Pollco Bcaoh wai notified by telephone that Lumtzsr bad ohot at n woman living in Ills neighborhood , no was arrested by the captain and now lloi in jail. No C&U30 appears for the shooting , as the lady , wlioee natro was not learned , U pcaocnblo , and the man went after her without the slightest provocation. The police D y that bo Is something of a crank end It , moreover , n dangerous character. TUB KIKE WAUDEN , Piro Warden Nowberry Is actively engaged - gaged in his duties , nnd every day files complaints cRalnst delinquent persons. Refuse , building material , nnd defective walla engage his attention , and he Ia do- tFrmlned to cxecuto iho duties of his cflleo according to Uw. Saversl batinosa mon who have born notified have failed thus f r to comply with order * . Jf they do not do eo within the next two or tbno dcyo they will be errostcd and fined. IOOAL NOTES. This evening Meters. R. D. Stearns , prosecuting attorney , George Valentine , i Qeorgo Spencer nod 0. B. Beach wll leave for nn excursion to Denver. It t confidently stated that they will tnki alonpt the remains of the late clam baki &t Mllford , they being the prlncipa members of the clan bake club. Thi gnntlcraen will rotnrn In about tw < weeks. There are novenl patties hero who ar < making up n man of Lincoln , nnd the ] will prepare a bird's-eyo view of the clt ] with the fair grounds Included. William O'Shea , of this city , sold i setter dog to a patty In Oheyenno fivi wcoks ago , and on Tuesday the dog ra turned to hii former ownof , and lookoci aa though ho had footed it all the wa ] back , Ji B , Dinsmore , president , nnd B.V Furnas , oocrutary , of the utvto fair , h&v < been in the city for n few day a in the in terest of the fair. Thirty tons of lei will bo used on the ground dally , D. B , Wolpton , adjuster for the Nebraska braska nnd IOWA insurance company , wa in the city yesterday , looking after i couple of JOJBSS a few miles from hero , LINCOLN 1T.USONALS. J. F. Kennedy , Vork ; M. H. Christy Sterling ; S. S. Jones , Beatrice ; J. ] J Botzor , Saward ; J. W. Oaltoy , Beatrice R. T. McGregor , Holdrgo ; A. S LiJovre Bo tr5co ; L. E. Holmes , Wahooj Ilonrj Fay , York ; Qua States , Valparaiso. Court Iioro. Ycsterdny L J Mcdiy & Co commcncec suit lu the district court to recover on at nccount of129.01 , alleged ta bo dm from Ed. Maurcr & Co. Mrs. Detwller , nn executrix , com ruenccd tult against Liulaa C. Walter , Frank Walter ot al , to recover jndgmenl on a note nnd mortgage. Mathowson T. Patrick filed n petition In the district court yesterday prnylng foi a writ of mandamus ngaiutt the Omaha horse railway ccmpiny compolllni ; them to operate and inn their n treat cars ovot the line of track extending wist on Like street from Saundora street to the inter section of Lake with King nnd upon the line of Htroot extending north on King itroot to the interjection of Lsko and King streets. JudgoNovillo grvnted the mandamna , and the writ was served on the company las evening by D.puty Sheriff Orowell. The order iustruc.s the car companv to rua Ita can upon snid Like and King streets In connection with and in the oamo manner aa they operate tholr airs over Eighteenth nnd Saunderj atracta with nhlch this line connycls In css3 they rcfuaa to obey said order the company ia commanded to appear before Judge Neville August 22 , and ohow canso why they phould not. .Albert Flemming vs the Oaiha Pla Duo- tscho Verolnjlsthotltlo of anew ntilt com menced yoatordoy evening In tha district court PlulntifF being a member of this society , doilrea to bo oenofittcd In the sum of § 40 , the amount ho claims duo him aa an allowance whllo ho wju sick. COUNTY COURT. Baforo Jnclgo McCulloch , yesterday , argument of couns ? ! was heard in the habeas corpus case brought by Elizabeth Stropoit to recover poaaesaiou of her elght-months-old daughter , which nho nlleget * la nnlanfully detained by Mrs. Albertino Drlfcorn. Mrs. Strapolt , In her petition to the court , says she had plasod the child ia the care of Mra. Drlf corn , ss she WAS nnablo to care for It hcrsulf , nnd had paid for its care at the rate of ? 3 per week. For the loot two months , however , Mrs. Drlfcorn had re fused to take any pay , naying she had become attiched to the child asd in tended to keep It. When cil'ei ' upon to return the child to Ita mother t-ho retuand to do so. Tha petition also csks that tha child bo brought into court and cause shown why It ohonld not bo delivered to Its mother. Jurjge McCulloch will ren der his decision lu the morning. PEKSONAii. Dr. Childa , of Lincoln , Is in the city. L. E. Hicka , of Lincoln , ia a Faxton guest. i Frank A. Carleton , of Boston , ia at the Pflrton. A. J. Popplcton and wife have rotnrned from the east. Sir , and Mra. R , D , Uarkalow have returned from Chicago. 0. W. Lyman and family , of Salt Lake , are at the Paxton , KJ. Breed , Kansas City , II. L , Wilson , Iowa City , are at the Arcade. Gen. Cosvln returned from Spirit Like tbla mornioff. Hla family will remain at the resort - sort anne clays lonper , The homo of U E1. Morlarlty Ia brizhtcr yesterday lu tbo advent o n young lady visitor who haa como to stay , W. J , Connell loft yeaterdny for a two wcok'd oasttrn trip. Daring his nbjcna Judge Lake will attend to the dutlea cf city attorney. K. H , Kocitorc , of the Burlington & Mis souri freight au'JItinx ollbe , who Jus been ill for eomo time , left for Iduho Springs nnd Manltou , Col , , last evening , Charlie Line , the popular agent of the Union Pacific at Brno Spring , Neb. , h in tbo : ity . lie IB on hia way to MockUr , Sheridan jaunty , where be baa a ranch and a fine lot of itock. At the Metropolitan : William W Bride mdivifo , Mra K McClaln , Riverton ; F [ vendordlne , Lincoln ; J Xeppel and wife , QUir ; Mrs J Blorn , Crelgj A L Hoot , fll D , Weeping Water ; A II Byruin , Kivorton raiuea Chase , Plattsmouth , Neb , ; K U Wells. jeo Suller , L Llchey , Ores toni ; Ilonry khuelhoff , Reeding ; C B Wall and wlfo , Marshalltoivu , Ia. R R Sutherland , Grand Iiland ; J F Boyd , J MoAaughUn , Bradford ; 1 ? D Brown , Kala- nszoo ; A Roberts. Rising ; JC K Leonard , David City ; O K Granger , LtxInRton , Ohio ; > V W Lotto , Tekamoh ; G H Klncald , Sioux 3ity ; 0 Orcutt , Stuart ; E A 1'ier , Fort iVftynt ) , Ind ; 0 M Hunt , Lincoln ; J B jmily , Illford ; II Smith , Friend ; D ilmpaon , Altona , are nt the Canfield , Tlio Smith Stock , It wss nntlclpitad that yesterday ho bids for the Smith otook of goods ronld bo opened nnd paiad upon by Fudge Dandy. A telegram , however , ecelvod ycstordcy frnm the jujgottittea hat bo ia now in Falla City and that : ourt stands adjourned until Monday nt en o'clock ' , at nhlch tlmo the biia will > a openod. The bids nro several in number acme Ix or sbvan bilng now lu tbo hands of lecclver Woolwortb. Farther bids will to received np to ( on o'clock Mouthy h , Charles V , eon of JMr , uml Ira. G. A , Andretn , aed two years and lx mouth ] , Funeral from their residence , corner Six- tenth and Hickory street , Saturday , August t > .b , at 2 p. m , IVIeaJs pf tha family in- Ited. RAILROAD NEWS , The Omalia calll * . Trafle anil ( Minis stoner Falorn's ' DeoisioD , IVliitt the Olilc.iRo Papers Hnvo Sny Abont It "Vo OIiniiRo In the K til In R Tot Mftdo. Yesterday morning's Ohleiga Time bed the following In relation to th Omaha cattle trade whloh will bo roai with conaldorftblo intorcat In railroad am cattle circles : "A epeclal dispatch to the Times yes tordny stated th&t the citizens of Omahi were very Indignant over Oommls slouer Falthorn'a recent tloalslon. I doubtless referred to the matter explained plained In Wcdncaday'a lesuo , relative ti the Hvo stock traflio , and the advantage ! heretofore enjoyed at that place in mar keting cattlo. Under the old rnlo thi Uurlingtou & Missouri , Sioux City i Pacific , and Union Paclfio were given thi benefit of the through rate on all cattli shipped to Omaha which , ot being nold were roshtppod to Chicago. It wo a vary pretty privilege , that market being allowed to absorb nil thn it could take , and send thi surplus eastward. The Indignant cltlzoni ere wasting their ire np to date , aa n < chnngo has yotboon mado. Commlsjlouoi Falthorn , to whom the matter naa re fcrrcd , went to Omaha , looked ever thi situation , and upon his return morel ] rocouimendod a plan to the mnnngon embodying the features already sot forth , It is for the latter to say whether the plan will bo put Into of I act , and their do chlon will not bo given for a week 01 more. Should they fall In with the commissioner' ! ) views , then it will bt tlma for a howl from Omaha. They for got that they are asking for what is rani discrimination , and a concession that nc other point in the country en joy a , Omaha is not on the dirocl through line of either the Burllneton A Missouri or tha Slonx CHy \ Pacific , and stock shipped ever thoao roads must be diverted. To demand that cattle filial bo sent to Omaha ever these toads and then , if not sold , get the benefit of c through rate , cm not ba asked in jaatlco , and the only ground it can bo put [ on if one of favor. If the managers BOO lit tc listen to the appeal that is their privi lege , but to abuse the commlatiauer for G recommendation so well grounded In jaatloj is a very foolish thing ta do. " TUB IOWA POOL , The meeting of the superintendents and oflisials of the Council Bluffj lines , held at that place \Vidnesdny last , woe not a graa1 ; success in the way of results , eays the Chicago Times. At a previous meeting , held for the purpose of arrang ing for bettor transfer facilities , the Bur lington was admitted to the privileges , and a committee appointed to report at the nox.t moating in regard to the divi sion of oxpen&es. That body recommend ed it bo made on the bacla of the numbci of cars handled. Thla wasnotoathfactory to any of the roads except Wabash and Burlsngton , and the report was laid on the table. The other rosdj were In fvoi of an equal division without regird to the numbe of car. . No farther action was taken. Then the superintendents met and attempted to nrrango a schedule for rannlng live-stock trolno on all of tha roads , a subject that hss been agitated for mouths pait. There was a long dla- cnssiou , which ended in a disagreement , and the roadn will in the future , as In the past , run their trains without any refer ence to any system of the other roads. LUMBER HATES TO OMAHA , In reference to the proposed advance in lumbar rates to Council Blnffc and Omaha , mentioned in those columns , It la nnderatood that all of the r.iads interested have agreed to It , and a joint tariff will bo Issued between August 15th and 20th , putting it into effect. The rates will bo , from Chicago and Peorh to Council Blnfld and Omaha , 18 sents per one hun dred pounds. TEUSOXAL AND GENERAL. The presonc3 at St. Paul of Thomas L. Kimball , general traffic manager of the Union Pacific , started the rumor that anew now deal waa to bo made wlh the North ern Paclfio on the Montana mining busi ness. The latter road Is looking long ingly toward Butio , the most proaporous mining town in the west , and is anxious to secure- bigger share of t hot rait c thin It ii getting at present , but the Union Pacific Trill not let go without a struggle. About onn thousand tourlatj have visited the Yellowstone park thin asason , and about as many moro are expected to take advantage of the excursion rates before the season closes. H R. Merrlmanof Marahr.lltown , gov ernment director of the Union Pacific , Is In the city. George H. Daniels , of Denver , pool commissioner of the wottorn roads , went cast lait night. STONECUTTERS' ' STRIKE , Drcxol fr Foll'a Mon Ga Ou For a Day rno B. < Sfc M. Building tlio CausoortlioTruiiOlo. Thuradoy the Btonecattora em ployed by Drexel & Foil , the Jones jtrcct contractors , dropped tholr tools ind left the yards on acsonnt of aa order to Htrlko from the stono-catter'a union , Iho B. & . M. headquarters was the 3JUSO of the troablo. It Booms that Drexel & Foil by on order of the nrchl- tests , had tnkoa gome of the stona whloti rras to bo pat m the B. & M. building to their yard to bo draatod. When the men were about t ) commence the work Df drtsslng , they dlsjovered the marks of sonvlct labor at Joliat and they rofuajd to touch the job. The cauio of this totlon Is a clause in the constitution of ; bo sbno-cuttoiB1 union which reads ts iollowa : "Thh aiaoclatlon will not sanction the ntroduotlon of cut stone from any state irlson , nor Trill any of Its membflra be illonred to work , flt , or In any way con- ribute to Ita Introduction. " The men were out all day Thursday , ind atnlght they held a meeting at rumor hall. Messrs. Drerel & Fiol nado a statement to the men thnt they inppsscd , from ocoounts publlehed , that ho ttoublo with the B. & M. building tad bsou astlled , and that It was not heir Intention to antagonlzs the mlon on this poinf. They also agreed h t in tha fnturo thpy would have noth- OK to do with any contract or work In rhich material prodnosd by convict lubjr r'aa otuployed. After hearing the state- ifuts of the firm , the stonecutters onn- led ad ( o rotnrn to work , acd ycstordiy lornlng they were all in tholr places. Mombsra of the ualon oiy there la able to bo tronbJa at auy rafnuto on the larlington & filiwourl building. The stone from Jollet will ta bo trimmed before boln placed In the building and AS soon s mci are put to work on It the nnlon will Im mediately pronounce It scab work am call out thi ) bricklayers with whom the ; have a compact. While the mon claim that the atom used on the B. & M. building is the pro duct of convict labor , Mesa s Bailey < S Olsjn , the B. & M. contractors , olaia that it Is not , bnt tlut the cause of thi dlssitlsfaclbu Is bocansa it rrna gottei out by sc&ba or non-union mon. BEAROHING FOE SMITH , Another Ono oftho Nuincrons Smltl Fml1y MlBBlnR illn Wife en Ills Trnck , A lady holding n babe In her arms with a half-mournful , half-mid oxpres alon on her faca , attracted the attantloi of n BEE reporter yesterday afternoon Her nunncr lndiatcd that somothlnj was np , and the newspaper man scontnc n item. The lady was standing at thi entrance of the Women's Christian Ale association , when the scrlba boldly face : her and proll'ercd her hla services ir helping her out of any trouble she might bo In , eo far ai ho could. Pressed to toll her Btory , the lady inada n statement , substintlally as followt : Ilor name la Mrs. John M. Smith. For throe years she has lived with hoi husband In Bloomlngton , Illinois. On the 4th day of Auguat oho bade him goodbye , ho ostensibly boarding the train to cjinu to Omaha wluro ho intended to buy n restaurant. Ho had $400 on hit pcra n , and tlnug11 Jioonld soon estab lish hlmaolf in bmlues3 , DO as to ba able to uctid for hn wtfo and e'aild. Mrs. Smith hai cot hoard a word from him since , and she boo coma to Omaha to look him np. Mrs , Smith is perfectly In the dark us to what has bacomo of hei spouao. She Is loth to bullovo that he bus deecTted her , and does nol llko to entertain the idea that ho ha ; corno to gtlof. Mis. Umlth describes her husband aa a man five fcot six incite ] in height , with dark hair and n light brown mustache. Elo haa a peculiar sc.ir on his forehead. She lisa baen to all the hotels and restaurants in her search , but has filled to discover any traces of her lost husband - band , The police have boon informed o ! the matter , but hnvo tia yet failed to dis cover any oluo to the man's ' where abouts , suriiEaiB COUKT DECISIONS. HINDERED AUGUST 12 , 1885. Stitaex. rel. Mattoon , vs. llopublican Valley lUilrond company. Mandamus ; wiit al lowed. Opinion by Cobb , Ch. J. 1. The common law rule , requiring common carriers , by land , to uiaku pcr- conal delivery to the caueignoe , hss been eo far relaxed aa regards railways from necessity as In moat cases to substitute In pl&co of psrtcmal delivery , a delivery at the warehouse of the company. But this ia upon tha ground that a railway has no means of delivery bpyond iti orru lines. Vincent vs. The Chicago & Alton Rsll- road compiny. 49 111. 33. 2. lu conrequenco of t.uch relaxation , and in coiuidotOitlon thereof , the co-rola- tivo duty devolves upon railways as com mon carriers , to furnlab and maintain suitable warehouse ! or depots , at all ap- proprl&to points on their lines , for the receipt tud discharge of passengers and freight. 3. The right to build and operate a railroad , and to charge and tike tolls and farts is a prerogative granted by the state. Public utility U the considera tion for snah grant. Although in the hands of a private corporation , it la still a sovereign franchise and must be used and treated as such ; it ) must be held in trust for the general good. In the nsa of such franchise , all citizens have an equal Interest and equal right , and all must under the simo circumstances , bo treated alike , without uojubt discrimina tion. 4. The duty thus imposed , growing out of and resting upon the principles of the common i ir , may be enforced In the absence of statutory requirement. Real vs. Uollhter , error fromFillmorecounty , Affirmed. Opinion by Ilseae , J. 1. In on action upon the covenants of a warranty deed for a breach of warranty , proof that the real cst&to conveyed was a farm recently before tbo execution of the deed purchased from the owner In pos session and soon afterwards sold and con veyed to another parson there being no ndversu claimant or assertion of adverse t'ltlif , by any one , the absolute right , title and possession bains ; conceded in the grantor to the last conveyance. Held to be aufliciont proot of nosjoealon by the grantor , prlma facie , to justify tha trial court hi lindiug that at the tlmo of the execution of the conveyance the grantors were In possession of the land and the covenants of warranty contained in the deed , run with the bud. 2. Whore on the 24th day of Juno,1879 upon the eolo of real estate the convey anca was by deed demnihated"warnuty deed , ' upon its face , bat which deed wts of a form in common use in some of the * ' , atea OH a warranty deed , but not of tbo form used in this state where on the 14th day of February , 1880 , the grantor exe- cmcd and delivered to the grantee a deed of conveyance of the form and kind in common use lu this utnto containing Full covonanlsof warranty , it was hold that such facts were anflictont to justify tbo trial court ia p.n action oammeuced an the 8h day of December 1883 , in lading that the second deed waa oxocnt- ad for the purpsso of correcting the ap parent omission in the first ono , and that llio covenants of warranty of tltlo run with the land and would convoy to the jranteo the right of tha grantor to the 3ovcn nts of his grantor. 3. Whore in an action against two d < j- 'endanta charging them with the making ind breach of a joint warranty in the ialo and conveyance of real ojtate the jvidonco la aqflicbut as to the other do- 'sndonr , the verdict nnd judgment being igalnst both , cud the ono against whom , tie evldencu was Insufficient made no notion for a now trial as to himself iloue , the judgment trill not bo dls- nrbod. 4 Under the the provisions of the , n of the legislature of 1871 , commonly : nowu as "The munisd woman's not , " Camp. State. Ch. 53) ) , a married woman a liable upn her covenants of warranty n the sale of the real estate which IB her ppwate property whether eho be joined iy her husband In tucn. conveyance or lot , section 48 of chapter 73 Compiled itatutea having been paiaod in 1800 , > eing by oaid nc : abrogated. 5 , Where In action npon the covenants f warranty of title contained in n deed of onveyanca of real estate ii ia shown that decree in equity his baon entered i-alnat the grantee , and plalutlfl , setting ildo hla tltlo and declaring ttmt he held i trustee for the plaintiff in that action , ad requhing a conveyance toeuch plain- ( f , nd whsra after euoh decree the lalntlirin the action convoys tha l nd to third party who , In an astioa of raont , recovers judgment against th prcsant plaintiff for the possession of th property. Hold , tufliolent proof o eviction , AT TflTFOKT , The Successful 21ar&amon Hccclv < Their l'rU'8 Speech A Largo Crowd 1'rcBcnt. There was a largo crowd In attendant ) yesterday afternoon at Port Omah t < witness the grand fmalo of the depart mcnt r'flo competition which has boot In progress for the last two weeks. Tin entire gmison turned oat on dross parade rado to witness the presentation of thi prizes to the snccoisfnl competitors The presentation speech wns msdo bj General W. P. Oarlln , after whloh the prizes wore distributed to the mon , at follows : Sergeant J. W , Weeks , Company E , Sixth Infantry first , D. S. gold modal second , U. S. skirmish medal ; third , Gen. Howard's modal ; .fourth , votorau'i medal ; fifth , Fifth infantry medal ; sixth , Norman modal. Sergeant U. IT. Stevenson , Coinpin ] G , Seventh Infantry Riymond golc modal. Corporal F. W. Benjamin , Companj F , Sixth Infantry gold watch by Ed helm & Erlckaon , Private W. 0. Smith , Company F Twenty-first Inlantry Max Meyer golc watch. Sergeant Arthur Hayes , Company 0 , Trfonty-firstlnfnutry Omaha press prize a pold wa'ch. Union Pacific railroad priz ? , a hand' ' some water set This waa the roglmonta' ' team match at 200 , 300 tmd GOO yards , cud was won by the Sixth Infantry team , composed of the following gontljmon ; Lieutenant Z W. Torroy , Sergeant , T , W. Weeks , of Company E , Corporal F. W. Benjamin , of Company F , and P/L vato J&ims Manning , of Company B , The acoio win 402. J&Tho Chicago , Milwaukee & St. Paul railroad prlzs , a most beautiful bronze clock , in the regimental toini EKlrmUh match , waa also won by the Sixth In fantry team. The following Rentlomot make np the team : Llout. Z W. Torroy , Sergt. J. W. Weeks , Sorgt. Jaraoi Sodorp of Company H , and Private Jarnof Manning. The acoro was 578. As each man's rising was called h < stepped from the rank * and received hi : prize , together with the blessing ant ] bjst wlshcn of Gen. Carlin. Col. Henrj noted aa secretary of the oocailon. A Beauty in Tears. Annie Cole , the yonnj woman arrostec at the Instance of E. B. Carter , foi theft , was released from custody venter day afternoon , Mr. Carter refusing tc push the prosecution. Ho and the glrl'i friends thought that It would only dria the girl to the bad to have her obtain an ; court notoriety. It is pretty certain thai the yonng wcman otolo the bracelets which were fonnd sowed up IB her bnatlo. The loss of the valuable gold medal which has been mlcsing for some time , has not been traced to the girl , and Mr. Cuter Is inclined to believe that the girl did not takolt. "No , 1 don'6 want to talk to you news paper mon , " said Annlo this morning too BEE mon who dropped In to buzz her for a moment. "I wish yon would go away. " AnnU ia a pratty brunette , with a rather intelligent face , and as sha cald this her eoft black eyes were euiiueed with tears. The young lady seeing that tha reporter was Inclined to bo cottoned by the water treatment , yielded enough from her original Intentions to say "J am not guilty of any crime , and that la all there ia to It. Why they ohould want to prosecute mo Is more than I can see. I am to afraid that my mamma will hoar of this , and oh , my 1 what will she siy ? " And Annie burled her face In & dainty handkerchief , and gave away to unrepresBod emotion. The girl has been In Omaha about three months , and camn frcm the BluOa , vrhera she has friends. G. P. Evans , a pugnacious Englishman who had just arrived in the city direct ftoi London , began to act in a boisterous monne In Riley & Dillon's saloon on Douglas stroe last evening. IJo throw bottles around in lively manner , and when on officer arrived t arrest him ha made a strong resistance. Wit outeide assistance , however , ho was landed i in the city jail , from which he was released o bail to appear for trial this morningHa wa accompanied by a couple of friends , the part being cm a hunting trip In the far west , Harbor Hill , at the head of Hempstaad bay is the highest point on Long Island , It la 33 feet abo\o tide water. Hio Oroatestedlcolriph of the Age SYMPTOMS OF A 'lOGBofnppctltc , lluwcln costive , I'alnlti llio bend , wlt'i n dull ncnimtlon in tlic frncli parr , 1'ulu under the boulder * blude , Fullneas after entlnir , vylth n dl * > Inclination to exertion of bnily orniln-l I rrllalillltrof temper , /.nw nplrltc , with a foellusrof having neglected htmioduty , VVcbrincns , JMzzlncas , I'lutterlna ntthii Ucotti Dote bcforutbe erca , Ilondncho nvcr tbo right eye , Hcstlcaaneaa , with Qtful Ureumo , Illchly colored Urlue , und CONSTIPATION. TUTT'M l'Il , .a nro especially adapted to such cases , ono dnso effects such o linngu of fecllngnH to astonish tno sufferer They Iiicrtr.oo the Aiipetltonai | cauao tlie hody ta Takn oil l''lei ! , tiiui Hie y tcm i nonrlBUcil.iinil liytnclrTonic Action on tlo DJeettlvoOrdaun.lfrijiiliirHtoiilHftrc rrnrluoi il. 1'rl ottKc.I < Murray Nt.tV.V. TWIT'S HAIR DYE. OH AT HAIU \Vlnsicr.H8 olmnged 1o u GLOHSV Jn.ACK liy n BtiiRlo application oi tills DYK. ii Imparts a imtmuf color , nctf InatantnneouBly , Hold by Drugglita , 01 entby ozpresa on iccolptof 91 , " * flncoi < J . WurraySt. . rJow VorU , Apollinaris NATURAL MINERAL WATER "fssttes from a spring deeply embedded in a rock , and is ihcrefort of ABSOLUTE ORGANIC PU2UTY" PU2UTY"Oscar Oscar Liebrclch , Begins FIOJUSOI , Unv-trsilv ef Berlin , " The only waler safe for Me traveller to drink ts t NATURAL MINERAL WATXR. " Sir Henry Thompson , P.R.C.S. Lend , England. ANNUAL SALE , 10 MILLIONS. O/allGroctrt , Drajgisli , & Jftn. ll'at. Dealers. OF IMITATIONS , LIQUOR AND LAW , The Mayor's ' New Order aDfl Some o Us Attendant Kesnlts , rrotnlnont Suloon Men Arrcatod or OompUInt of llio Mrtrslml-A AVorrty Wnr Hctwccn Olllclaln Tlio Mnyor'H Opinion. The order by Mayor Boyd closing the aaloons nt midnight itlll continues to be nn Interesting topic In police and othoi circles throughout the city , end many opinions , pro nnd con , hare been ex. pretsed regarding U. While nearly nil of the caloons hnro given strict hcod tc the now order , It Is claimed that ono or two places have evaded complying with- Lholawbytho mo of varloua dovlcoo Mirahixt Oummlngs , nlnco receiving the order from the mayor , has expressed hla determination that It ehall bo strictly en forced , If it Is In his power to do BO. Already ono oaloou-ksopor , John A. Woods , Is under bonds to appear - pear for trial In September for Ilo viola tion , and jvatcrday nflornoon , on ojm plaint of the marshal , wftiranta were Is sued for the arrest of Henry nornbargor , who owns , the siloon nt 1310 Donahs straot , and 0. S , Biggins , whoso saloon and restaurant Is oil the oirnar of Done- las nnd Twelfth street ? . The ofllojr in whoso hand the warrant waa placed found Mr. Uornberger at hia plaea of business about 3 o'clock yester day afternoon and ecrrcd the paper. They procscded at occj to the pollco jourt , where they were met by Judge Stenborg and Mniahal Gummlnga. Mr. Uornborger was Informed by the marshal that the ground oa whic'j Lho complaint was m.ids was the keep ing of the curtaini of hia saloon tightly cloeod , thus concealing the Interior of the [ ) laeo from the eyes of the pDlIcs , whloh : s contrary to law. Ho ako stated that the belief waa oxprecatd tlur , under cover of the cnrtaltio , liquor bad been sold nftor the hour of closing. Mr. IIornbcr ror replied that ho had sold no liquor after 12 o'clock tluco the now order went into cllect , and that the only reason ho had kept hla curtains ilown wna bacauso ho waa constantly bothered by poopla on tha outside who aiado oflorls to outer the place as long as light waa chining through the windows. Ho eald thct If the nnrsh.il would keep lila doors clear of these poopln ho would willingly oxpoeo the Interior of his saloon to view. Thla the nunhal agreed to uo , and on Mr. Hcrnbargor'a promise to let bis light shlno forth lu the future ho withdrew the complaint. The warrant for Mr. Higgina was not served npon that ficntloman until about 3 o'clock last evening , aa ho could not ba found until that time. The ground on which the arrest was made was similar to ; hat In the Hornbeig r caao. Mr. Hlg- jlna necorapanlfd the clBcer to police headquarters , where A LIVEtY SCENE ensued. Judge Stenborg and Marshal 3uinmngs ! were bath on hand. When Mr. Higgles put In an apcoaranco Jndtgo Btonbcr called him a lde and n long CDivanatlon was hold. At its close Mr. Hlggins atartoat If to leave , when the marshal stopped him. "You are under arrest nnd cin't leave ioro , " said Marshal Cummlngs. 'Yes ho can , " Bold Judge Stenbsrg ; "I have released him on hla own recog nizance. " " It don't m ko any diff ranee , " Inter rupted the marshal , "what you have done. I haven't turned him ever to you yet. " "I am the judge Lore , " exclaimed Judge Stenborg , " and Mr. Higgina can "No ho can't ; ho has got to ntay hero or furnish bonds , " aald the marshal. ' How do you expect ma to oaforco my > rdera if I don'c rocolvo any aupport ' 'rom you. " "Well , " aaid the iuiJge , "cover yon mind ; Mr. Biggins can go. " And Mr. Hlgglns dopartad. Both mon were qulto excited by this time , nnd Marnhal Uuraialnga exclaimed : "Jleraember , Judge , I hold you rotponsl- bio for thla. " "All right , hold away , " answered the judge. "That's all tha good it will do you. " THE aAMItLINO HOUSES , Marshal Onmmings stated that the case of Mr. Higqlns was a peculiarly aggra vating one , OB ho not only screened his bar-room , but kept a man watching the officora. Insinuating remarks wonld also bo made when cilicera were paaslug the placo. Ho expressed the belief that Hig- glns simply transferred his bar from the first to the second Btory after mid night , nnd tint In the cloeod room above liquor w&a freely dispensed , "ii this state of things continued , " said tin , mawhal , "I shall order all gambling rooms situated over ealoina to close a mldnlpht.and neo If that will not have thi dtelred tffeoK It Is In these rooms tba I bollovo the Ifquor Is sold. " BAWDY HOUSES AXD J1EEII , In n talk with Mr. Hornburgor , that gentleman eaid : "I don't BOO why it Is tint disreputable houses throughout the city mo allowed to sell wlno and beer nt cxhorbltant prices nil night long , nnd without any license , cither , while respectable - able people , conductng n legitimate busi ness , nro obliged to clean nt midnight. Why I huvo eeen OSBO nfter cnso of boor delivered In front of bawdy houaea day after day , and It Is nil dlspoaod a a dollar n bottle. Why don'c ' the mar ehnl shut down on thsm ] " When tpjken to In reference to the matter , Marshal Oummlrga tnld that If some one would only mnko a oomplalnt against these places ho would inly bo too gltd to close them up. As the matter now stands It Is Impotslblo For the cflicers thomselveB to eocuro testi mony tufliclent to cause n conviction. WHAT MA YOU BOYI > SAYS. In n conversation with n reporter of : bo BEE on the subject Mayor Boyd iiid : "i mn not awiro that any l.qiur Ia ba ng sjld unywhero In the city by persons fho have not paid for that privilege , and tJs the duty of tha marshal ta sao that ill patties comply with the provhions of ho ordinance. The maisbal Is not ex- ioctod to enter liousca unlcsj ho las rosen - on to bellovo them dUoidorly. Mr , lorbergor or nny other citizen his the irivllfgo of moiling complaint againtt hem , nnd if made they will bo dealt rlth according to law. " The jnsyor fuclhor sild ; "My InBtrno- lena to the marshal nro that ell saloons hall bo closed at midnight and tlut no ntoxicatlng liquor shall be Bold between hat hour nnd 4 o'clock a. m. I am of ho opinion ttmt the proprietors have n Ight to keep tholr curtalna down after 12 'clock. " I a regard to the closing cf saloons on iunday the rnsyor t&ld tflat If to all Dp- poaranccB they were doted it would bo satisfactory to him. AT 3I1DNKUIT laU iilght nil the saloons clcecd tholr deere , bnt Mr. Hlggioft' windows were entirely obionrtd by curtains nnd the Interior of the barroom was hidden from viorr. London ilo.ilfrs in b'rds reseivotl , when tlio sliInn WAR at its height , o tinfilo cutuiscincnt of S2.000 hummloR birds , nnd nt nno time re ceived . ' 10,000 nquttlc birds nnd .100,000 wings. TEST YOUR BAKMiOPER TO-DAY ! nrnmlt ndrertl d i M > olut < > lr r > nr THE TEBTI flue * e n tep down on < i lict ttore unlit rnit alh rtmor * tha rarer and imoll. A chfmltt nlll not b ro- etilrt > d ta dAtttnt tha proitnco ot ammonU. DOES KOT CONTAIN AHXOXKJL. IIS HCiLTHFlUCSa HIS NEVER niE.l QUSTIOTtD. In a million homoi far B Quarter o ( centurj It tuc I'.offrt the comumert' relltbto txit , HIE TESTJJFJHE OVEM. PEICE BAKINO FODDER CO , , itiKKr.i or DP , Price's ' Special Flawing Extecls , ' Ttieatroncttttno > tile1ktoQt ndnatortflaTorttiowiiM4 Or. Prlco's Lujuilln Yeast Oems lor Light , lltnlthy llrfnJ , Th Beit Drr Uop Ye t In the World. FOR 3ALE UY GROCERS. CHICAGO. - CT. I-QUI0. MEDICAL AND SURGICAL. FOH THE TIIEATMEXT OF ALL OHRONIC AND SURGICAL DISEASES. The largest Medical inntltuto Woot of Mississippi Rlvor. Fifty rooms for the nccomoclnllon of rntlonts. Th riijtlclnn nnd burgeon In chnrco of the Instltnto Im haa Elxtccn jcaraof BucrcsEful piactlcc-.nnil Ii aided by assistants of rare oxpcrlcnca 03 EpcclallsU la tnrlr various dcpaitincnt'i. WRITE FORClncuLinon ZJeformltlcs and Drares , D1PRA8 * rsofWoMFV , pilci , Tumors , Cancers , Catarrh , IlronchU Us , Inhalation , Mrctrlclty , PnraljMB , Kplltpsy , Kldncj lvo. EnrSkIn and Ulood DlHnn os Write Tor PRIVATE CIRCULAR TO MEN on PUIVATB , STECIAL nnd RKVOCS Dlscnips. btmln.fi. Weakness , Snormatorrhn-a , S nhHl3 , Gleet , Rtrlctnre , Vatl- rocolo anil nil dlaen cs of the Urinary and foxtial nrRin-i. Caios treated by cot resnondonre.or rerRonully ConQdentta ) . 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DK Dr. IUIr'8 Asthrni cute , lor ere than ono j tar , uiy w Ifo hu liccn entirely wdl , id not even a ijmptun ot tlio illgauotms appeared. WILLIAM ilKNNBTT , nioliUnd. Iowa , writoi Nov. ,1883. Ihavobocu flllctod with Hay Kcvor snil itbm since 1869 , I followed your directions end > happy to e y that I never riept better In lay We. im ulml that J am among tba many who can iptfck f&v otubly cl j our roiccdicn. A i tillable Cl page treatise conUlnlDg tlmllir proof > meterr8tato la the U , B , t'an J acd fitcat It&ln ; will be milled upon application. Aay druuglst not hiving It lu etotk will proeuud. oiiii. Ask for Dr. llalre Aetlira * Cuio. ' 1 UU.U. W UA1B & , BON , Prop's Uln'tl 0.