' ' 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 '