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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 10, 1886)
' ' 8 THE OMAHA DAILY BEEi ; MONIAY. ) MAY 10 , 188ft A CLASH OF CORPORATIONS , The Union Pacific and tha Qas Company Wrangling Over a Lot. LAUER GETS A NEW TRIAL. Manager Iloytl's cil Celestials Hlllo Practice Wasted /VtTcctlonB Mora School Facilities , Ijiuicr Octn n Now Trnll.a Judge Neville rendered his decision in the Lsitier cnso Saturday sustaining tlio motion for n new trial , The following Is tlio text of liis opinion. Ktnto vs. Jolm W. Latter. This cnso is before mo on a motion fern n new trial based tiDoii alleged errors in instructions to the jury , itmitto Inlliioneo by tlio presence of Indies especially and demonstrations by the citizens present at the trial. Also it is asked upon the ground that manslaughter , which was tlio verdict , could not bo sustained by the evidence , although the court might , think there was evidence to sustain a higher grade of homicide. As to all of the alleged errors except "the last I should feel justified iu leaving them to the supreme court to say whether nny prejudice grew out of HIICII alleged errors or , not , feeling that the defendant had a fair and impartial trial of his case as to those matters. I did not see any demonstrations on the part of any lady or ladies which were in the least objectionable , and 1 must say that the same number of men crowded into the court room as these ladles were would have been far more susceptible to demonstrations , and to that extent they were a benefit to the accused. The only demonstration that 1 heard or saw eaniu from a few inconsiderate men in the rear part of the room , and I could not identify them , but , this demonstration came nsap- ulauso to defendant's ' counsel as well as 10 the state's. . ' Now I have to stay as to the bare pres ence of a large number .of ladies , that the laws of our state requires that Hie trials shall bo public and not private totany class or sex , and if the Infinite lias given an inllucnco in woman's presence which will prompt courts and jurors to a reali zation of duty , I hope they will step into tlio court rooms of our land whenever they feel justiliod. * * * * Tlio last prouosition of the defendants is that manslaughter is not n proper ver dict , oven if a higher grade could be sus tained by the court. Under the common law manslaughter was the necessary part of the crime of murder and the doctrine that tho'lcss was always included in the greater in the common law definition of manslaughter and murder , the courts were compelled to hold that if the verdict was for man slaughter , although tlio evidence showed murder , that the verdict is sustained by the evidence. Our statute defines manslaughter as follows : " 'If ' any person shall unlawfully kill another without malice , either upon a sudden quarrel or unintentionally while the slayer is in the commission of some unlawful act , every such person shall be deemed guilty of manslaughter. " This statute is exclusive. That is , it excludes all offenses of manslaughter under the common law , and makes a sep arate ami distinct oll'enso , for this reason , that under this statute manslaughter can only exist where the killing was done in a sudden quarrel while the slayer was in the performance of some nn- lawtul act. * * * The statute having made manslaughter not a necessary part of murder , the jury when tboy find manslaughter must so find because the facts sustain such offense , not because they may think that the higher crime is 'proven as they could do under the com mon law. * * * When the common law made manslaughter a necessary and integral part of murder , then the court had tlio power by foren of the law to sen tence under verdict of manslaughter where the evidence sustained murder , but when the statute made manslaughter not a necessary and integral part of murder , ' then the jury niust'lind whether or not the facts constitute manslaughter , as an ' independent oll'ensc upon a state of facts which sustain manslaughter , before the court has legal authority to sentence. Then the case resolves itself into the proposition whether or not the facts and circumstances proven show , suflicuntly st'.ong that the killing was done upon a quarrel and so conclusive that a court would feel bound to sustain a verdict of manslaughter. The killing upon a sudden quarrel , Without malice , which is contemplated by our statutory manslaughter , means a killing HO suddenly and without time to deliberate , that no malice could bo enter tained , 'Jiio proof is overwhelming that the object was hoard , seen , tlio revolver deliberately leveled , and the trigger pulled at the object. It is , therefore , doubtful if the crime can be re- gravely ( jeed to manslaughter if the defendant know what ho was shooting at. I very much regret the conclusion to which I am forced in this case , but it is ono fairly deduced from the law as I view it.It It is not necessary to review the facts as they ara familiar to all interested in the cause. It is milllciont for me to say that the proofs bore upon murder either In the lirut or second degree with much ' .more . force than they did upon man slaughter. And there is not millloieiit Lrproof of a killing upon a sudden quarrel given at tbe trial at this time to sustain manslaughter. Ik'llovfiig as I now do , that at a second trial a result can bo had which wilt bo more satisfactory to the state ami de fense , and tlio law in my judgement re quiring it , the verdict must bo set aside and a now trial ordered. REACH ING"FOU IMtO I'KUT i' . Tlio U. 1 * . Anxious to Hooitro u Ijot Which the Owner AVI1I Not Holl. Lot 8 , on the northwest corner of * x Lcavonworlh and Eleventh streets , lies y adjacent on the east to the property of the f gas company. Some time ago the gas company , it is claimed , bought the parcel * from Frank Murphy , who has owned it : for a number of years back , Saturday i , presuming on their ownership of the * property und live of the houses situated ' Upon it , the gas company ordered some cf its men to demolish a frame barn in the rear , opening on the alloy north of ? Leavcnworth. ' 1 no work had not been , quite completed when , at about 5:110 : p. t m. , a gang of men raised in the middle of the lot two piles of railroad tics ami strung others out from ono end of the Jot i almost to the other , and then throw rails upon thorn as if about to build a track , ' Uy 0 o'clock the gas company had col- ' looted a goodly number of men upon the * ground , who wore ordered to resist any further cncroacbmonl upon the property 1 Last night these men were supplied with ' , weapons and ammunition and stationed . around the lot and in ono of the old and . untenanted houses near the corner. During tlio night a number of men , t I prowled around the place , presumably , ' * employes of the railroad company , wait- f jng to BOO if the iras company should attempt - \ tempt to throw oil' the track material , already deposited upon tlio ground. The . tics and iron , however , were unmolested. It is believed it is well they wcro not , bo- i cause , tlio gas men were ordered , if necesSary - Sary , to use force to keep off the treas- pa'ssera. Judging from tlio appearance of the men who held tho- fort baturday a determined resistance could -have- been iuado whlolrwonld have had , doubt less , a not very happy termiiuUioii. t , Tlio .Union Pacilio claim * to have a ' right to the lot iu question , the prospect of the gas company permanently Im proving it led the former to take stops to keep them out of possession until the matter could bo adjudicated. Mr. Mur phy admits that the only claim the Union Pacific road has upon the property is that of right of way along the corner on one end , which in no way affects the lot for a business site. Uouml for Olilttn. A distinguished party arrived in the city Saturday anil quartered at the Millard It was composed ot Cheng Tsao .In , the cx-Chincsc minister to the United States ; Tsai Kiook Ching , his private secretary ; Sin Shin Man , an attache ; Clilnir Hanson , the Interpreter , and Tony Lum Looti young servant. A reporter for the BEE sought an inter view with the distinguished Mongolian , but found the cx-ministor too indisposed to talk oven through his interpreter. lie is a tall , portly man , weighing something over 200 pounds. Ho is dressed in the Hawing silken costume peculiar to his na tion. Ills interpreter , Mr. Hanson , ( who Is a very bright and Intelligent young man , speaking English with remarkable fluency ) , explained that the ex-minister had been suffering for some months past , and was at present in a Very bail state of health indeed. For the past year ho has boon unable to discharge the duties of his ollicc , ana most of his work has devolved upon his attaches. His successor is Chnng , who passed through Omaha three or four weeks ago , on his way cast. ChiiigTsao Ju has been minister to America'now nearly four years and a half , and has ac complished much for those of bis race in this country. Ho expresses himself as glad to return once more to his native land. Tlio party left Saturday evening on the overland for San Francisco , by way of Ogden , sailing thoncc to China. They made thu trip from Chicago on tlio Uur- lington , under the care of W.V. . King , traveling passenger agent for that route ; KATE OASTLKXON. The Star for ainmiRor T. ! ' . IJoytl's Ho no I It Monday N'lflit. Kato Castlcton is , beyond a doubt , one of tiio most captivating actresses who visits Omaha. Her presence is attractive and her manner fascinating , while her acting is such as to disarm criticism. Those are well recognized facts and her appearance hero this ovoninp will af ford our people , for the second time this season , the rare pleasure of again wit nessing this popular ravorilo. There is an increased interest in Mis ? Castloton's appearance this year in the fact that she is to appear for Manager T. F. Itoyd's ' benefit. Mr. Boyd's manage ment of the opera house is something in which everybody is interested. If it were unsuccessful it would bo a public calam ity , Being all that could bo desired , it is : i source ol public congratulation. Such being the case , Mr. Itoyd , to whom this is all duo , deserves the kindly altontion of the patrons , a circumstance which can not always bo credited to theatrical man agers. Secure tickets , therefore , for Kale Castlcton and Mr. lioyd kto-night. K.voIiniiKintc ItcKiHicnts. Gen. Crook received Saturday from Lieut. Gen. Sheridan an order for the cxcliangcof the Fourth and the Second regiment of Infantry , stationed respectively in the departments of the I'lattu and Columbia. The Fourth regiment under the command1 lias its headquarters at Fort Omaha , with , several companies at Forts Niubraru and Robinson. It has been in this de partment for liftcen years or more. The Second infantry , which will bo trans ferred to tlio Department of tlio 1'latto , is now scattered through Oregon , Califor nia and'Idaho. It does not follow that this regiment will succeed the Fourth at Fort Omaha. It will in all probability bo stationed at some western post , while some rcgimcnt'now ' in the west possibly that of Col. Morrow , tlio Twenty-lirst will be sent to this point. The same general order provides for the exchange of the First ami Kiglitli reg iments , respectively , of the Departments of Ari/.onn and California. Tlio move in both cases will commence on July 1 , 1880. Tlio Elevator Foil. At half past one o'clock ' Saturday the elevator pi the Millard hotel fell from tiio fifth story to tlio .bottom iloor. Though it contained six persons v.t the time , no one was injured and tlio eleva tor was not damaged in the least. The occasion , it might bo remarked , was the testing of the Ellithorpo air cushion , which has recently been put in , and tlio experiment was a complete success. The elevator was suspended from the top of the shaft , and when the rope was cut , it descended so lightly that not the sligblt- cst jar was felt by the passengers. The fall of 83 feet was made" in loss than two seconds and a half , and when tlio car icuchud the first tloor tlio iar was so slight that the passengers hardly realized that they had "touched bottom. " One dozen eggs which made the trip with the passengers remained intact. Besides tiio car itself , which weighed 2,000 pounds , tlioro were several passengers who added to the weight as follows : A. E , Marriott , 150 ; W. II. Bartlo , 170 ; II. U. Franco , MO ; E. C. Snyder , 11)0 ) ; F. T. Ellithorpo , 100 ; II. B. Woodbrydo , 103. "Not Guilty , Your Honor. " In district court , before Judge Neville Saturday District Attorney Estello arraigned the following prisoners : Harry Ward , coloredcharged with the burglary uf James Connolly's saloon on April 0 , and the larceny therefrom of two bottles of champagne and 15 cents in cash ; George Duval , colored , charged with the 'arcony ' of a gold chain from Chris Erick- son ; Anna Johnson , colored , charged with the larceny of % ( > r > from James Gil- Ion ; John Cavanaugh , charged with breaking into ( i. Anderson's House with intent to commit burglary. These pris oners all plead not guilty , and were re manded to iail to await trial , the iirst week of the district court. Caddie Butts and Ella Borlyn , charged with robbing a victim , who had visited their place , were discharged at tlio in stance of the district attorney. Hall Notes. The brnkomou on the Wyoming divis ion Saturday followed tlio example of their brethren on tlio Western Nebraska divisions and r'isumod work at the old rates of pay. No trouble was reported except at Eagle Hock , Idaho , whore some of the strikers stopped u train which had on board several deputy United Slates marshals on their way to Dry Creek to arrest some rioters , Tlio strikers greatly outnumbered the deputies and compelled them to turn back. On the Utah & North ern the strikers are still out and profess to bo unwilling to go back to work at the old rates. A now boiler was put Into tlio basement of the addition to the Union Paoilio head quarters Saturday. K. O. Morohouso. of the Missouri Val ley roul ; , is in the city. Coos vs licrnstoin , In the HEB of Saturday it was-stated that when arrested , for interfering with . .Goos' workers both Mrs. Bcnibtcin and her daughter Ilacliael took part * in the tilling up.of the trench. Both these ladies deny the sta.touicnt nuil assert it was only their husband and father who m.ido the attack. Mrs. Bernstein Is suffer ing severely from bruises sustained in being rudely rolled off a box of hers which was being rolled about tiio prem ises and being smashed to pieces. To-day Goos' men had taken possession of the ground in the bad discussion and wore laying the necessary walls. The Born- steins are almost uncontrollable because of the injustice to thorn. Wasted Affections. N. E. Applin , salesman in n furniture store on Fifteenth street , was arrested Saturday on complaint of Mrs. Dr. F. Ilcndy for annoying her daughter. It scorns that Applin has been paying at tention to the young lady for some time past. Of late his attentions have not been acceptablo.and she requested him to ccaso calling on her. Nevertheless ho refused ; todrop his suit , nnd continued to follow her about. On several occasions ho tried to force bis way into the house , though positively denied admittance. Finally the annoyance grow so great that Mrs. Ilcndy determined to have him arrested. IIo is still In jail , having as yet failed to give bonds. It has devel oped that ho Is married to a lady in the cast , from whom ho is now trying to pro cure n divorce. Floral Friday. The "Festival of Flowers" at Long school Friday afternoon was an event that will not soon bo forgotten bv the lit tle people of that district. The unanimous choice of the 000 pu pils for "Flower Queen" was Morcv Sal isbury , a dainty little miss of live years , who , with charminir unconsciousness , re ceived the lloral offerings and greetings of the enthusiastic subjects. Tlio exorcises consumed about ono hour and were participated in by tlio entire - tire school , each department appearing in their turn before tlio little queen with flowers and appropriate songs. For an impromptu affair it must bo voted mi entire success , not only in mak ing the children happy , but as an aid to\\ard maintaining the usual excellent record of the school. Old Folks' Concert. "Yo concert , " after the fashion of one hundred years ago , which is to bo given this evening at . tlio Seward Street M. E. church , promises to bo very interesting. The costumes arc botii varied and elegant , : is such things wont in the olden time , and almost all styles prevalent at that period will bo repre sented , from the old-stylo Quaker to tlio gorgeous continental soldier. A solid week has boon devoted to practice , and tlio music of the old mastord will bo ren dered aa near as possible , tlio same as in the days of yore. A cordial invitation is extended to all the friends of the church to cor.io and have a good time. A Alothcr-lti-Ijaiv in the Case. Charley Kluge sued out a writ of re plevin from Justice Borka's court last week for the possession of a lot of furni ture and household traps which were in the possession of his devoted wife and his mother-in-law. Kluge allo cs that his wife asked him for money the other morning with which to purchase meat for the noonday meal. When ho returned at noon from his work ho found that his wife had used tlio moat moiioy.lo hire an expressman to remove all tlio family fur niture to her mother's. Kluge don't seem to mourn the loss of his better half any , but insisted upon obtaining possession of his property , which ho did. riillc Practice. General orders from tlio War depart ment gives tlio standing in target prac tice for the year 1833. Out of the eight Ninth cavalry 23. B company Ninth in fantry stands No. 3 in skirmishing and 20 in general standing out of155 companies , truops and bands. Camp Medicine Btttto stands 1 in skirmishing and 0 in general standing , and Fort McICinnoy a and JM respectively out of 118 posts ; the lowest post , llobiiison , is 05. Kuiuiinjj Notes. D. J. Ross has sent a note to E. Lippin- cott , of Columbus , Nob. , who , a short time ago , expressed bis willingness to run anybody hereabouts for uiiv dis tance. Boss claims ho has offered "to run him any length , from one to ton miles , and suggests that if Lippincott moans business ho write immediately and bo ac commodated. It is rumored that Webb. Ross and Cun ningham , all lleet-footod men , the last mentioned of Kansas City , are to run with Waterloo , la. , team , in the Dubuque tournament June 8 , ! ) . 10 and 11. JMnro School FnclHtlcR. Tlio contract for a four-room addition to tlio Lake street school has been lot to 11. II. Bankers , Joseph Hughes and > Deiss for tlio of Proposals Joseph sum 7-l09. posals are also asked for the erection of an eight-room school building on the corner of Woolworth and Georgia avenues. A now building to contain the boiler and engine for the manual train ing school and for a coal house , to bo erected on the high school grounds this season. Omulm I'roHhytnry. The Presbytery of Omaha will moot in adjourned session , in the Southwest church , Omaha , Monday evening , May 10th , at 7:30 : o'clock. THOS. C HAM , , Moderator. The Prcsbylerhil Association 'of Omaha will meet in the Southwest church , of this city , on Monday evening , May 10th , at 8 o'clock ' , A full attendance is desired , as important business will bo considered. TIIOJJ , C , HALL , Secretary. "Thrco of a Kind. " Information has boon filed in Justice Borkn'ii court charging Patrick llowloy , Jack Lucoy and William Ilartnoy with an assault ami battery upon Henry Kuhl and William Anderson The trouble oc curred in a saloon in the southern part of tlio city on Thursday night. ItowJoy has been wrested and will have a hearing on Tuesday. Ilartnoy and Lacey are still at liberty. Cnnflcld's Compliments , Thirty of the young ladies employed in the Canlield Manufacturing company were treated to anoxo client dinner Satur day by Mr. and Mrs. Cantiold , tlio pro prietor and his wife , There was an ex cellent display of solids , together with choice ice cream , fruit , caka and confec tions. The dinner was given in compli ment to the girls who had refused to strike , and was greatly appreoiatod by thorn , _ A Dynamiter. Gcorgo Burkhardt , a well known Ger man printer of this city , came into jail and gave himself into custody Saturday Husays that ho is an anarchist dy namiter and has commuted murder. Judge Stonb ig thinks that the man is insane and will investigate his case to see if he is not a lit subject for the insane asylum. It is supposed that ( ho recent lab(5r ( troubles have turned his brain. Notes la Anticipation. On next Tuesday evening there \v.ill bo n grand public rehearsal of the singers conik ) > sing'tlio.co.ming musical festival. It-will take place' in tlio. Congregational' church , on Capitol avcnuo , iicar ijovcu- teoutu street , - . , . Nebraska I'liniMnaclsts. The State Pharmaccutioal association of Nebraska will convene .ill this city to morrow In annual session. The meeting will last until Friday. jKsRccial Interest has been attached to ihisancoting from the discussion of the proposed state phar macy law. The association tlio members of which are most directly- concerned in the proposed law , will doubtless express an opinion in regard to.tho.Jnw that will go far in influencing tlia-lcgislnturo in giving the question tlio careful at tention that its importance demands. The bill will bo prepared ) nnd submit ted to the legislature next winter for passage. Outside of the meeting of the druggists the finest line of chemicals , extracts - tracts , phnrmactictical preparations and toilet articles over scon in tins state will bo placed on exhibition. Many of the noted manufacturers of the country have signified llioir intention to place on exhi bition in tlio Exposition building samples of their goods and the public generally will bo treated to a genuine surprise in the goods. The display promises to bo the largest over seen west of the Missis sippi , and will partake largely of the nature of the exhibit made at the centen nial Exposition in 1870. While it will not bo so largo , still the lines will servo to show the growing importance of tlio pharmacist and wholesale manufacturer of pharmaceutical goods. Mr. Charles Daubach , local secretary of the association , has done much toward the arrangements which promise to make the mooting tlio most successful yet hold by the association. Ho has secured lines of gpods for exhibit from the following linns : Powers & Woightmnn , Philadelphia ; Pnrkc , Davis company , Detroit ; Eli Lilly & Co. , Indianapolis ; Clias. Wright & Co. , Detroit ; Woodman Oil company , Omaha ; Carter Lead company , Omaha ; Magcman & Brunei1 , Fremont ; Eastman Bros. , Philadelphia ; F. Stearns & Co. , Detroit ; John Woylh & Bra. , Philadelphia ; Cloa- bury & Johnson , Now York ; Choso- brough Manufacturing company , Now York ; J. S. Kirk & Co. , Chicago ; Mallonk Rod and Chain works , St. Louis ; Phila delphia ; Irondegant Wine' company , Irondegant , N. Y. ; Slicrwin Williams it Co. , Cleveland ; Heath & Mulligan Manu facturing company , Chicago ; Burrough Bros. , Baltimore. The Union 1'nclflc Strike. The Union Pncillc has come out ahead in their contest with the striking brakemen - men on their western divisions. The only existing trouble now is on the Idaho di vision and tiio company expect to have that part of tlio road under their own control to-day. About one hundred of the strikers have been discharged from tliu company's employ and their places filled . ' * by now men. "Iliad no idea1 said an oflicial yester day , "of the vast number of nun in the country who are out of employment. Wo went outside to gather up the "CO men whom wo sent west to take tlio place of the strikers and have had applications from twice that number since for em ployment. The labor troubles east have soul hundreds of mom into this part of the country in search of work. " "Yes , and most of them arc in pretty hard luck , " chimed in an emplove. " 1 piekcd up twenty-two men1 in Missouri and there were only two grip sacks in the party. 'J hey cleaned out every lunch counter , at tlio company's-expensc , be tween Moberlv and Cheyenne. Most of them were willing to go to work at any price in any position and n brnkcman's position and salary was looked upon as a soft snap. " The Day of Fallen Heroes. There will bo a mooting , of Omaha post No , 110 , G. A. II. , in Clark's hall , Four teenth near Dodge street on Tues day evening. A committee will then bo appointed to act in conjunc tion with a similar committee from Custer post , to make arrangements for the cele bration of Decoration Day. A BBB re porter was informed that unusual efforts would bo made to commemorate the deeds of the fallen heroes , in a manner which has never been excelled in this cjty. It is thought that a number of the civic societies will accept the invitation to take part in tlio celebration , and also that tlio military from the fort will bo in attendance. The citi/.ens and mer chants will bo requested to decorate their homes and places of business to make tlio celebration as general and effective as possible. A. O. Ji. Delegate * ) . Yesterday afternoon County Commis sioner O'Kecfo and Martin MeGuire , state delegates of the Ancient Order of Hibernians left for St. Paul to attend the national convention of Hint society wlueh convenes there on next Tuesday at the Hotel Ryan. They were accompanied by James Connolly nelly , P. II. Barry nnd Joseph Kelley who will represent the counties of Doug- Ins , Greoly and Lancaster respectively. The convention will be hold for two days , and it is thought will snlllo tlio question which has come since the last national campaign as to whether tlio Ancient Order of Hibernians can bo used for political purposes. The delegates above mentioned are disposed to say that it shall leave politics alono. The AVorlc to liogln. J. W. Russell , of the linn of Usher & Russell , tlio machine founders , is in town , nnd will remain hero until the works the linn proposes to build shall bo erected , The ground for the erection of the Iirst ono will bo broken this morning , on the east half of block 5 , Bedford Place , a largo force of men being set to work to do some necessary grading. When this is done a gang of bricklayers will bo set to work , and Kept at it until the works shall bo ( hushed. It is expected that by tlio 15th of next month the machinery and the patterns of the institution will begin to demand the attention of a largo number of men. Tor Votes. It is not generally kno\vu , but it is nevertheless a fact , that this councilman who voted to give $300' ' of the city money to the Thurstonsi to enable thorn to go Now Orleans , have been silently going down into their pockets and paying pro rata 'thoi ' amount ad vanced. bomo of thorn hayo already paid as high as $25 , and chiim to have done so with tlio greatest feelings of sat isfaction. They say the Thurstons ad- vestiscd Omaha as it had hover been ad vertised before in the sauth { und that a great deal of indirect benolil may bo ex pected from the advertisement. A. Now Tile. This morning another piece of publio improvement will bo commenced in the laying of tha now sewer on Saunders street. This wijl consist of eight-inch tiio of the best mako. It will connect with the brick sewer which crosses Saundcrs street about 100 feet north of Cuining. It will extend thence north 803 feet. The work is being done by Contractar J , F. Daily , who superintended and done some of tlio best of our publio improve ments. Ho expects to finish the work in about a week. .No matter if tlio thermometer is at zero .Red Star Coiigb C.uro is .fiura. 25 cents , U , P. shop men Und others , for onu five or teii aero land , 'long time , .oasy pay- ' meiits. See Solomon's advertisemeiU. A Snrlous Llmb-Brcaklng. Charles Whitlock , son of Gcorgo Whit- lock , residing at 8802 Harncy street , on Friday foil over the high embankment near Twenty-ninth and Itanium streets , breaking both bones of ono of his logs and dislocating his nnklo < Ho was at tended by Dr. Galbraith. The embank ment Is about fifteen feet high nnd the injuries are of n serious character. It will probably bo a cotiplo of months be fore the boy will bo able to bo about. German Theater. Boyd's opera liouso was comfortably filled last evening by nn appreciative audience that greeted Miss Von lloff- stottcr , the charming soubrette , and Mr. A. Varcna , comedian , with an excellent support , in "Luftschlosser. " The per formance was admirably sustained throughout , and elicited warmest tokens of appreciation from the enthusiastic audience. Amateur Crlukoters. On last Saturday afternoon a game of cricket was played at the Athletic park , between eleven gent lemon from the B. & M. , headquarters and lit teen young men from the high school. Among the former wore J. C. Doyle , Robert TaalVe , Gcorgo Roberts , P. S. Eustis , Jolm Francis , A. McPherson , William Vnughnn , Robert Taylor and J. Grillilhs. These made n score of 01 tallies to ! il of their oppo nents. Wlienyou como to Lincoln , stop at the Commercial Hotel , if you want homo comforts. C. W. KITCHENProprietor. A Small Flrn. The alarm of lire on Saturday night was occasioned by the overturning of a small cup of oil upon a lighted lamp , tlio blaming of tlio liquid and tiie destruction of a cotiplo of shirts at the Omaha shirt factory , 303 North Sixteenth street. Tlio lire department found tlio llames extin guished on their arrival. ' Child's Hospital Rcncllt. The ladies of Trinity Guild are making nrrangcmonU for , and will soon , give at a central place in town , a series of lunches , from 12 to 3 o'clock each day , at a charge of f > 0 cents per lunch. The pro ceeds will bo applied to the support of the Child's hospital. DIED. O'GUADY In this city May nnt 4 o'clock p. iii.crcmnlisou ) ! olMeremlah and Margaret O'ur.uly , ai ? l 1 year and U months. Notice 01' funeral hereafter. Imwn Tennis. Next week two lawn tennis clubs are to bo organized in tins city , with a mem bership of young men who are excellent players as well as lovers of the sport. Wednesday Gilmorc Prk'o , Arthur Guion , Edward Sherwood and S. P. Shears formed the Iirst of several of these asso ciations which are to bo organized at tlio high school. You can purchase one. acre of land or more. Sr.iall monthly payments , bal ance live years time. 'Sco Solomon's ad vertisement. Another 3Iati From Iowa. Hon. Moses McKcon , an Iowa farmer , came to town with ? o ( ) or 00 to haven quiet little spree. Saturday ho landed before .Judge Stonborg , on a charge of intoxication. Ho reported that ho had been robbed and bad not a single cent to pay his line with. He was re leased. The very best bargains in acre proper ty near tlio city. Sec Solomon's adver tisement. The I'Icnic. The cignrmnkcrs' picnic , which lias been twice postponed on account of the rain , is announced for Saturday , May 15 , at 1 o'clock. If tlio weather will not per mit the carrying put of the program on Saturday , the 'picnic will be bold on Sunday. Aero property nearest town , lowest prices. See Solomon's addition. llallbrd Snucc is capital for dyspeptics. A recent writer on photography and chemical properties of light says ; "Tli9 experiments of modern photographers have revealed to us extraordinary chem ical properties in the sun's rays , \vhilo some of these rnvs arc entirely destitute of this peculiar power. It lias also been discovered that there are rays of light outside of the solar spectrum , and which arc invisible to the human eye , just as there may bo vibrations in the atmos phere too high or too low to produce an audible sound. " PEHFECT fVIADI I'rcp'irort with f pedal regard to h No Ammonia , I-Imn or Alum. PRICE BAKING POWDk'R CO. , CHICAGO. ST. LOUIS Omaha Dental Associ an Corner 10th and Doiiglus Sts. Dr. HaughawoutPres. Kino ilontlstry ut reimoimblo rate * . Host sets of tectli& ' > . perfect lit anil beet material. ( jold Flllliif. dolil 1'Iiites unit Continuous Quni TeeUi u eiicclultr , REMINGTON STANDARD TYPE WRITERS , Potter & Msgeatli , Hoportors and Copyists , etato Afc-onts for Nebraska. Typo-writer supplies ana jiniicr kept.Ia stock. Bend for catalogue. ChlAlLt JUllO.SAI * UA.Mi' CUU.UI.SO OMltA. STRIKE We are Filling Orders and Making Shipments of Hardware - , Tinners Goods , Cutlery , Guns -AXD- SPORTING GOODS With Our Usual Promptness. SPENCER , BARRETT Co. . , CBSSCACO , Best Goods in the Market , III. Ask for our gools : ami sco that the bear our trade mark. Proposals. SEAUH ) iin03l3 | : will lie rroolvcil by thk cllv of lliiMtlimfS. Nuhriiskii. until 10 o'olorn n. in. JIny IS , is ii , lor tlio I'll riii-liliijr , orectlor niul completion of n svi-lum ol water works fee tlio city of Hustings , Nclirnskii. Salil hrstum of waterworks to Ito filrnlsliod anil liullt In ncconltmco wlih the plans niul M > cclllcntloii9 on llln In tlioolllco of tlioClly Clerk oftlio city of Hnsllng ? , Nebraska. I'roposnl ? will liojoeoivcdon nny or all of tlio following Hums. 1st Furnishing unit completing open well , or funiisliiniruml complL'tlmr ttiliular well system , " < 1 Kurnii-lilnjr and couiplt'tln ' OL'glno house , liollor liout-o and stue.c. ! ld ruinl.liliiii1 and completing foundation nnd lm oof stand plpu. lib Furnishing nnd complctlnpr stand pipe. fith Fiirnlsblnif and setting : up machinery und boilers. -I-'urnishlng cast iron plpo nnd special cnstinjrs. "th Kurnlsliliiff knliuncMn pipe. Mh Fuin hltitf hydrant ? , ( jalos and Rate boxes. Dili Vitrnlslilii ? lend nndonkum and oxcnvnt- Inc. and laying pipe ; , hydrant. * , gates and trato bovcs. The contract pneo of said system of walor works completed not to exceed the sum of eighty thousand dollars. Jiuch proposal must be accompanied withn good imd sulllcicnt bond in the sum of ono thou- Mind dollars on ruch of the Items bid on , ns se curity lor tlio Illllnifof n good iicccplnblc bond the sum of which shall not bo loss tliiin full amount of contract prlco. Tlio City Council reserves the right to reject any or all bids or any parts of bids. 1'roposnls should bo uddresscd to J. 1) . Jllncs , City Clerk of Hastings , Nebraska , and marked "I'ropoi-als for Water works. " lly onlor of the City Council of Hastings , Ne braska , this SUtli ( lav of April , A. D. 16S-J. Bidders may submit tnolr own plans and spcclllealionswltli methods for obtnlnlnir pump ing and t-torimr the necessary water supply , but In ox'ury ease t'ui ' plan of pipe , hydrants , vnlvea , iVc. , to remain the tame ns per plans nnd spocl- llcntlons now on Illo in tlio cilice of the City Clerk wit lit ho nndcrstalidlng that tlio City Coun cil will not pay for any plans nnd specifications furnished oy bidders. S. SAMUlili AMIXANDEH , Mayor. J. D. JltNis : , City Cleric. api-.idIOt ESTABLISHED 1870. Lincoln Steam Dye Works W. I ) . UOIJEKTSON , I'rop'r. Olllco No. 1105 O St. , Works S.R. Cor. V. & nth. Mncoln , Neb. Gents' Clollilnu Cleaned nnd U paired. BR. IMPEY. isoa s .K.iT vavi : ST. Practice limited to Discascfl of tlio EYE , EAR , NOSE AND THROAT , Glasses fitted for till ( onus of defective Vision. Artlllciul Eyes Iimerted. ORfJAC-IA Capitol Avenue. roil THK TrtEATMENT OP AM. Chronic & Surgical Diseases. DR. McMENAMY. Proprietor. BuU-cu gears' lloswitil and I'rivuto I'rnctico Wo linvo tlio fadlitie-s apparatus ami remedies for the successful treatment of tuery form of din. < aso requiring cillicr inortlcul or f urpcal treatment , nnd luvlto all to come ami | nvttliat ; for themselves or correspond with us. I.onjj experience In treat ing caeca by teller enables uu to treat many cuatt tciciitinculfy without archie them. WHIT15 I'OK riKGULAK oil ncformlttes and Ilracc ? , Club Feet , Curvatures of tlio tipluc , DISEASES 'or WOMEN. 1'llcn , 'J'umore , Ciuicers , Cutnrih , llronchitip , Inhalntlun , KlectrlcltjI'.irul. . ysls , Ilrilepiiy , Kidney , Kj-e , Ear , Bklti , lllood aud nil Mirgicm oicriilioii8 | , lliitYidlcs , InlmlurH , IJriicp * , Trinscn , and nil kinds of Medical and Bur lcal Ajipl'.auccs , muu. ufuctured and for pale. The only reliable Medical Institute making Private , Special i Nervous Disease , ' ; ' rA KJ'liUIAI/1-V. AU. CONTAGIOUS ANl > IILOOD HISKASKS , from wliatfvercaiKojiroihicctl.encceBefiilly treated , Wo can remove Synhllltlo poitou from the njetcin without mercury , New restorative treatment for loss ofIlnl power , ALL COMSIUNIUATIONH CONl-'IDUNTIAl. . Cull and consult iu or tend imrau niul poft-onioo address plainly wrilton cncloso ( tamp , uad we will tend you , In plain wrappi-r , our PRIVATE CIRCULAR TO MEM WON I'lUVATH , Sl'LCIAI. A.NO NBIHOCa ll8UA Ka , HEUINAI. WEAKNESS. BrESVAToiuiiicKA. lurorcx. cr , iivniius , OoNoniuiiKA , OI.EET , VAIIICOCEI.K , SirJVfiinB , > xr AIL DISEAKES oic TUB OeNiro. UIIINAKY On < iAN3 , or tend history of your case for an opinion. Tenant unalila to vldt u > may lie treated at tltelr houiea , by coiropoudeucc. Medlclnuaiid huttir incuti cent by null or fxiircen HKCUllKLY J'At'K EO KItOJJ ODSEllYA'l'lON , no murks to IndU'at * contents or lender. One personal interview ) ire- feiredlf rontt-nleut. J ifty rooms for tli accon. aiodatlon of patients Ilaar'cl arid atlcndacco ut , rcaionutilc prices. AdUrt-f s all Letters tu Omaha'Medical and Surgical Institute. Car. r3UtSt. nd Cao'ltOlAveOMAHA. . NI-18. ' Cotilfniifd from teventh Ii > OH SAl.K-ny 15. V. Itlnpor , 119 N. 1Mb St. 1 0-room residence , Georgia nvo , n linrgnln , 7-room cottniro , floorRin nto , chonp , $3fiCO , 6-roem cottniro , Ocor ln nvos sco II , ? 2 , . ' > 90 line re ldeiicu , tJcorgla nvo , nonr J.cnvon- worth , fllKfi Ilouso 6-rooms , Improvement nss'n , clicnp , 5-room cottage , Durtlctt & Illinobflugh's add , a hoii'o , " , 4 nndrooms each , 1'opploton nvo , nbnwiln , $1,00) ) , hotitorooms , Tictco St. , Sluill's mid , , Inrffo house , Cnllfornln at. , ncnr track , $0.tOO : good cottage , 20th nnd Hurt , clicnp , , GCvlK ! , Imslnrss corner , Hovrnnl f < t. ? 20,000 44xiJ2 ; , llnruey st , ( huslncss lot ) f is.cxw l.'CJxUt. , I'arnain st , line location , $70,000 flfl\iB : , fi-room coltnHo , ( Jap nvo , &iniM 82x13. ' , store , rents f "S , DoilKlnt st , ? 13,0TO y houw.u-roomsoaeh , Douglas st , rent $ ICO month. $ ? AX ) cox Ktt , hotiforooms. . Fnrnnni Pt , Jfi.OOO 3 cottn.jcj , Hhlnn'p mid , onsv term ! , ? : . G-room cottniro , lopjrs& ! lllll'g ndd , St. n hnrK'Un ' | i fo\v ilaj s , $2,100 Vnciuit Lot ? ftOo'.ioapcst lots In llimcom I'lnco , S830 to v Cholco lots In Slnill's ndd , $1.000 to $1,500 , " . * > lots In llurr Onk , $ ; r > 0 to fl.lXl.i ictiB. : ! : corlol'nlirornla ( Ft , $8/00 UJ lot ? , .Marsh ndd , $1,5UO tu j4lilM 2 lots , Itodlck's ( liiivu , corner. $ .1,100 10 lots , llojrtrs .V Hill's ndd , Jl.WJ to $2,700 " line lots , iilst near Grneo , very clicnp , $1,500 ncoh 2 lots \V. A. Itedlck's ndd , $7" . cnch lo s , nn UP tracks HuslncM ntul icskloncc lots In nil parts of the city fill-up 50 tot. In Pnrk Forest , $2.r > 0 to $ MO pnch i.1fl lots In Oiniihn View , $30U to $700. Flno houses will ha built on these lots , with it smnll cnsh pnvinciit nnd monthly piiymcnts nt 8 per conl. sco mo nhoiit II HO ncroo hind nonr the Tort. $ S.VOO porncro 45iu.TCBniith ol' Florence , $21.00 per ncio 10 ncru trucls Hvo miles Mul of postolllee , $110 pcrncro. 4tn rIV\V. Itl.AtiltllUKN .C CO. , lloill KslntO JL. AtrentB , hcmlotSt. Mniy's uvcntic , have forsnlo : llnrmilns In lots , lintRiilns in houses nnd lots , llnrKiiln" In nil kinds of city property south of Vurimm nnd west of Sixteenth Mrois. ! ! 45i'-U KO. I'ATTKKSON , Hcnl Kalnto , 13th nntl Douglas. KcHldeiicufl nnd Cottage ? llcauttttil coilatru find lot , desirable local ity $ ; iroa Kino residence. N. IFth et , fnchw east 4MJ " story lioiitL- , full lot , West Jjcaveinvorth struct l.FOtl Jliii-ui\nd ( ) full lot. Hickory I'laco , chenp. 1OU ) Cotlnuonud full lot.Shlnn slid add I.VK ) Store biillillns ami lot , S. llllh st ; ) , OXI 7-Kioni liuuso nnd full lots , flanscom I'laco fi,500 I ir e coltiiFo and ' , } lot S. Iflth st. LSKl Sinidl coltniso and J5 lot , S. 10th fct RO A honnllful roslduuco and 2 full lots on Davenport st , the prettiest housu In tbo city , very cheap 8,000 Business nnd residence lots , Improved nnd unimproved , tliimiKlumt the city. ( all on or nddrcsa K. 0. 1'nttcrioii , 13th niul Dotiirlas pUHII &KIUV S18 S 15th St. , offer Vnciinl Intc In I.ikc ; ndil $ 1,1'fl Vunint lulH In Cliircntldii udil M ) Vnciuit lots In Klrknnwl iri Vnnint luty In Oxlonl 4111 Viiciiiit lot In P.iik I'lncn. . , , . , , Tfxi Vuriint lota In l.owo'8 ailil 4rtl ( Vacant lots In iHiiac.V Stjlilcif , 1U O Vacant lot In Slilim'slM nn Vnciintlnt In Milim'B 'M 8XJ Housesnml lots Ilnmcnm I'luco M.IOI , Cash Down 51,109 Vliulnl.i uvu : ir > i > i i.inn roiipii'ioii HVU : I.MJ Civil Icstt lTl Nolion'H add lTS HO Sititillers : vt 2.2.Y ) 2'iCI 1'lorst l..WJ 2'iCImi LakoBt WWU Klnufct I'.irk I'ln itith ct Hum " i.oo S. H. Itoscre' mill lfiiU ! ( " Ml ISllist 1.IIVI I.1UI Kt , .Mary's ave wa " Ml ( iWl " 1(0 ( And ten times ns man * more In all parts of the city. Vacant lots ovurywlu'ro. 4.Vi > < ) lt SAr.K Thrco line lols Phlnn'ft inhlltloii 17 nil for 5\J,030. Uiulnini V llt'iiinvii , CnilKlHou bloclc. 4a.S-ll FOR SAI.I3 fO choicest lots in Oiniihn View , * : WO to S" 0. Will hulld houses. Terms to fill t til. Haass & Illll , iu.il estate , 1103 I'aniixiu Bticut. -l.kl.8 ' It. I'.VANS ft CO. , have lor snlo J' . 1. ! ; ' loot witmro on L' 1' trncls : iO"\ir,7on ) UP truck Corner with lurjfo warehouse on St. P.inl truck rnllcornerwlll : triicln eoiilih : st id feet on Ix.urd , licit rlm ; trade For iiluor ( Icufolcor Ilth nnd HownrJ,73 feet on N lKlliKt , hoiicc.srlOa lliibhu'RS propuity on nil principal streets , vn- emit niul Improved. iilbl ! FOKSArTl'i-lOllots 111 I'mForost ) , S > iiioivn nnd T. > per month , Si.VJ to $300. llojrtfs & Hill , rcnl oJtntu , UOSFimnun Et."r > ' - -u Foil S A I. H 25,000 acre's In one body in Clio- yenno county. IO ml Ics of running w ater. T. S. Clarkfon , 15'JJ ( 1'nrimm. FOltSALK 100 lots In i'aik Forest , J5 down niulf.'i pur month. S&VI to JIJUJ. HoK a Hill.j-onl estnto , 14US Fiirnnm St. 4K1-8 " " A"CllU"LOTs3- 1'rntt'B Siiti-divlslon 410 AMKS , ITO'J Kamim. FOU SAI.Ii 100 lots In Pnrk Forest. $5 down mid $5 per month , SiM to JIJOJ. llopua ts Illll. real uslnle , 1408 Fariuim St. 4Yi- SAM3 .1. 11. Kvnns & Co. hive : for sulo choke lots 111 Marsh I'hijo , $1,7,7) , S line lots Hliinn'w mid. , ciu-h a tjiir nln$7.)0. Fine corncrl'or htislnuss on Hiiunders , ? Hr , > U ( ) . A inimlioi1 of choice corners buuth ol' the IrnclcH , $1'JJO lo fH.OOO. IIiiiKiilnsInlotsIn every p.irtot' thoelty. Cull mid MIC our list Hut'oru Inlying. OH HAI.i-0 ! ! ) lilts In 1'ilric Foro-t , Sr.dowii nnd $ "i pur iiiinith , S-- to WO'J. llowKs A : Illll , rrnl ettnte , 1KW Fiirnnm ft. 'l.Vi-8 A HAURAIX Must ho sold. I.ar'o lot , l.iwo honrdhiK : lioiiso , burn , lo i'llini'vltli pnloon , pool loom nml 'jnrher ' bhop on leu-oil lot mljolii- lnr. ; ICHtiiblished liiiilucss. $ rrxX ) i'or nil. llemfs , 1.11 li nnd DoiiKhiti htrcuU. 1" Foil .SAM ! 40 ncres for subdivision. Cheap. T. , T. Clnrlisnii , l.ri > i F.irnnm. m ' iii'oii ; : > n Is tolling Hnpidly. 7(1 ( lolS Hold In two .V llrennan , l.'ill Dodge ttierjt. iil'0ltl ; ) I'l.AOi ; wil bo Mudded with luuniirnclurlng Industries during tlio sum mer. lluya lot nt. present prioesnnd double your money. SI5H Hodl'ord I'lnco and you will bo convinced tlnil It U the cheapest addition. [ I ! ir ot ! Trill buy a good hout-e and large lot ' ] ' on I'oiinletoiiavc. Cunningham fc llrnnnan , 1511 Dodge. .f.7-7 The iiiaiiuftictui'crH of tlin Fischer I'ia ms , father und tour sons , till practical iltiiiu iniilcci'H , rank iiiiinnijr Hit ! wuitlth- est anil most rcBiiousiblts tiousos iu tlio country. Thusu fuvorito InstriiiiiciilH uivo Btooil tlio test of nearly littlf a century's trial In tlio ( Irav.'iiiff room , he Hchool room ami concert hull , earn- i\K \ siH'-h a world wiilo icintation ] for lurahility aiul ciicral o.vcollenco as to crciitu a ilciiiiuiil which IUIH incrcaHc.il yearhy year until it IUIK now reachwl : hu rcmurkahle iiuiulicr of n.iot ) imr 1111- iiiin. 1'articH in iiui-st of a thoroutrhly well niatlo iuslriiiiii'iit ' , at a modcrato irice , Khoulil oxainliit ! the old rclinlilu : iine tried Fischer 1'iano , lieforo imr- chasing. 3C.YON & HBAIsY , 1305 and 1307 , Fariuiin Street , Omaha TIMKEN SPRlUG VEHICLES. OVER 400,000 rm HI USE. ' Jnilrnt ! HldiiiK Vehicle made. williono ifi i ucatwa. TUe Sprlnun IciiKllirni kliorten accotiluuc to the welkin tlur curr. fciut \ i-II ndnplcil Iu ruuuli country r < ma mid drlrrMuicilio * . flluiiufurluri'a umlnold lt vjj icuiUuii Uurrluko Uullucm uudl > c '