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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 15, 1885)
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THE DAILY BEE-SATUJRDAY , AUGUST 15 , 1885.
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
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
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.
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 <
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 ]
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 ,
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.
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.
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.
Dr. Childa , of Lincoln , Is in the city.
L. E. Hicka , of Lincoln , ia a Faxton
Frank A. Carleton , of Boston , ia at the
A. J. Popplcton and wife have rotnrned
from the east.
Sir , and Mra. R , D , Uarkalow have returned
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
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
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-
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
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
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
"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
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
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
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-
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
AT TflTFOKT ,
The Successful 21ar&amon Hccclv <
Their l'rU'8 Speech A Largo
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
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 ,
Sergeant U. IT. Stevenson , Coinpin ]
G , Seventh Infantry Riymond golc
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
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
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
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
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 ,
NATURAL MINERAL WATER
"fssttes from a spring deeply
embedded in a rock , and is ihcrefort
of ABSOLUTE ORGANIC
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 ,
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
" It don't m ko any diff ranee , " Inter
rupted the marshal , "what you have
done. I haven't turned him ever to you
"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.
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
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
"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
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.
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
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
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 , ,
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
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 ) .
Medicines Boot by mall or express without marks to Indi
cate contents or Render. Adress all letters to
OMAHA MEUIUAL 1ND SURGICAL INST1TUT" ,
Uth Street , Corner of Cap1 * " Avenue ,
LA FLOR DE
Havana Cigars ,
" V" 5c Cigar ,
AT RETAIL BY
KUIIN & CO. ,
ICth and Douglas Sta.
JOHN W. BKLL ,
820 S. 10th St.
1'IELD & FAHNSWORTH ,
2115 CvmiDg Street.
w. J. wniTinousF : ,
N. W. Cor ICth and Wobator Sts.
.7AS. FOK3YT1I ,
N. W. Cor. IGthand Cap. Avo.
FOSTEIl & BUO. ,
Council Bluffs , Iowa.
D. M. Steele & Co. , Omaha.
ft ftlkll 6f ClftlnVkKD. , ftBd t kll BUDUOIf llrUVl. 1 , / 11 ,
ntt at CCUBUifdU. Alkycvr front or draff ? ! . ! for UA * ' '
w. wvrrenuAntr ,
Thla Imaluablo ( poolflo rcidlly end pernuticntly
res nil kinds of Authma , Tlio most obetlnato ted
use or until ? cucaileld promptly to Us wonderlul
ilng proportion. H U known throughout the world
r Its unrlraUU efficacy ,
; - , cole , Neb ; writes , Jm
, J83t Hmoo U ! 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.
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