THE OMAHA DAILY 33EE : THURSDAY. OCTOBEK 2H , 1SSO. JACK wi HUSTHASC The Sflpr me Oottrt AfBrms theD'cision of the Oago Oouuty Oonrt. OTHER OPINIONS HANDED DOWN. Tom Kennari ! Dltjilnylnc Itoncwcil Activity In tlio rolltlcal Aronn A Dontli Gn p Ii-i > ni the A y- ' him Town Toplca. TnnnBB'.i MSCOLS nnisiw.1 .Jaek Mnrion , tlio Gsgo comity inur- tlercr , wliosn cnso in thn line of clrctitn- SlhMttal ovklcnco has iirwlur-ed the most Hitw < tinK and hotly contmUtl trial lor murder ever held In tno itntu , lias ro- cclvcd word from tlio supreme isonrt smd Hint word is that the verdict of the lower court is according to law and Hint he must lianur. Possibly the case nmy go beyond the limits of the supreme court of Kubnisku to the Unitud Slates supreme court , but it is a rope of sand at bet upon which to hiiiRe a Iiopu of reversal , and the end is very likely reached with the decision Illed yetonlay. . This decision covers , all the points upon which the case wns appealed and it is rendered iu detail , so Hint tin ? bar of the state will find in it poinU of especial interest. Following is the opinion : Marlon vs the slate. Krror from Gage county. Alllnned. Opinion by Itecso , J. 1. WliPic a pnrson is called to act as a juror on the trial of a criminal cnu f , anil upon ex amination It Is luaile to npiionr that he hail heard the testimony of a turtoftho ultiiL s > cs in a previous trial ot thu samccausc , and that he has formed an opinion ns to the millt or Innoct'iice of the p.nty on trial , ami that such opinion Is sounded upon the tk-stlmony heard anil Is still retained by him , it is not en or to sense him. 'J. If a propised Jmor has formal ( In oplnlun ns 10 the gtnlt or Innoeeiuoot , \ d- It'iidiuit ulKinhosutrlalthe jmor is called to sit , and that opinion is one \\liich is so firmlv llxed ns to leiinuo euilence to irnvno it , It Is not error for the eotut to excuse him from sittiiiK In thu uau < o. 3. If the proposed jmor is a wlation within tlie ntihilt'jjreo to a defendant on trial lor a criminal MIIIMIHO it Is n cause for challenge ) under section 4C3 of the civil code , and if a challenge or cause Is Intel posed it should ba sustained and the juror escitsed. 3. By section ( TO ol tlm civil code , all per sons aiu exempt iroin service ns jurors in the distr ct eotut , who have served in such court within two years , nul that the lact belut : shown , It Is sulllclutit cause to excuse a juror. I. Whsre , after a jury has been sworn to try n cause , and Inimediately alter the ad- mliiHtiatloii of the oath , but before any ot.ier net is done or step takci''u the lihil , the nc- cused by jMTiiilwion ol/Po court chal.'onjres ' one of the jury and thuninalleiiRC K aliened , and another juior called asaiust whom no objection exIhUs , nil objection to furtl.or pixv- ei-edlm ; with the < ac to the jury as settled wis pioperly oveiruled. The error , if any. In allowing the chiillencc , beiiiK at tlie in stance and In favor of tlie defendant , he can not complain. There \\ould be no error in reswenniiK the whole jury and proceeding with the tiial. 0. Where a defendant Is on trial for the cilmo of minder , the evidence ut which Is clicunibtiiutial , it iscouipetent to prove acon- \ers.itlon between defendant and deceased concernlnc the purchase of property ot de ceased by defemiant just prior to their de parture from home together , and just prior to tlits alleged killing ( and alter which the do- fendaiit icappeaied alonit and in possession of the property , tlio possession olhieh waste to be retained bj deceased until paid tin for the pmposc ot shovvluua motnu for thu kill- in f. and this would be tuie , even Ihou li the contract wns lO'luced towiitiii ! ; and j > ut in the possession of deceased. 7 , A plio oc-aph of dee a'o 1 taken during life Is competeiiLeyidenco to aid in his 'dn- ' ill-cition. b. Where a witness called by doft'iul int In his defense ! . - > Inteiropited as to the c.uiclt ct mid pit"once of tlio accused up to about the time of the nlloged commission of the crime , it Is i ol imi roper cross examination for the state's council to Inquire as to his conduct aim i r'senct attei mat date , without being 1'in'led to theoKact time mentioned in the examlniUIon Iu chief. 9. Wheioit is sought to impeach the testi mony of a witness by showing n bad leptita- tion for truth and Yurnc'tv , the Inqu ry as to such icputatlon must be limited to the com munity in which the witness rc&idoj or has re ently lesided. 10. A con cot Instruction clven , or any in- Ktiuction given on tc juest of a defendant on triul will not bo liel 1 erroneous bec.tujo an Improper reason lor the Instruction is given. With thu reason for the nslrlictlon the jury has nothing to do. 1L It testimony Is cl\en fron which a ma terial faot may be Infcned , it is the duty of the couit to submit the question of srcU iu- tcienccto tlio jury by ; > rober instiui'tlons. And st cli In-truction would not bo oiten to thn objcetion tl al the court pave undue juom- inenco to that item of the testimony. 12. It is pioper lor n jury In a case deponil- Ing upon ciiciimstanllal evidence , to con sider all thccircuiustai.c ° s and conditions vrnven and having any reference to or bear- iii' ' uK | > n the main issues in the case ; and in such case , where the accused asked an in- atiuution , that In order to convict , the state must prove beyond a icaonablo doubt that the iloct'iis'd died \\.tldn a jear ami a day alter lecelvmi : the Injury , that the cause of death was inflicted by the accused , and that it was not Milllcient for the state to prove the linJIn ? of the body of the deceased in the county In which the hf'in- Icide was alleged to hive been committed , but that It must bo proved bejond u icasouablo doubt that de ceased wns unlawlully killed , with malice aforethought by the accused ; it was held proper for the court to add to the Instruction the. further charge , that the place where the remains of the deceased was tound , if found , might bo taken Into consideration , together with nil the other evidence in lixiiw the local ity of the homicide , if ono was committed. 18. If a proper instruction be once given , it is not error for the court trying the causa to refuse to repeat It on request of de fendant. 14. Instructions must be applicable to Ilio evidence adduced at the trial. 15. The courts of this state have jurisdic tion and authority to try and punish persons for crimes committed on Indian lescrvntlons within the state. 10 , A defendant on tilnl for a criminal ofTenso has no vested right in thu tnannei of pioccdurii established by law attliotlmo of thu commission of the alleged crimn. It is within the power of the legislature to change tlio procedure , or manner of enforcing a pun ishment , iiftcr the commission of the offense , and such a law would not bo void us an ox post facto law. It was therefore held , that , although the law Iu force at tlm time of the commission of tlm alleged oileiuc , piovldud that juries should bo the judges of the law , but which law was lepealed before tlm trial , U was competent for the legislature to make such change , and no error for thu trial court to refuse to instruct the jury iu the language of UIP prior luw. 17. veidiet examined and held to comply with the law , IS. Motion for a now trial tllcscd facts and reasons therefor not bhown by the record , nnd vthlch were supported by affidavits. Counter affidavits were tiled In sUdch nil the allegations In thu motion for a new trial \u'iu disproved. Held , that the decision thereon by the district court was coirect. vitv DOI.NC.H. Court met pursuant to adjournment. Mr. II. C. Uittcnlender was admitted to pisctlce. 1'lerco vs. Jlellmau ; bill of exceptions Ex-parle Havi-nv wrltdenlud. State ex rel Farley v 1'eck ; on'er of ref- cremu i xtenuled u > Kovcmbur SO. I8ni , Prelim vs I'-ntis ; motion toadniit luball sus tained. The follow InK canes wow argued and sul > - inittt-d : Woodwind \ > . Adiun-t courty ; ItoU'rls6Adanis county ; Cook vs 1'ick- er I. I.Tlie court adjouriinil to U'edneslity , No- vemb r H , 16iO , at 3:10 : o'clock a.m. 'Ihshtato rx rel Waziur s Henry. Tldf. was ai' a. p.natt"H tor a niltofnian- ilm.ius to com ) ol ili : county cli ru of Huge lountj , a countv under townsMji orgniilai- tion , tu ilclivrr to I lie city r'erk ot Ue.it r ce , thrcu : ioticos of elect'on for iach o ! thu lour wards o said city , desUnntini : thi j > mci s in inc'iv. rlt winch the I'Ui-'ion to ba held NiivemlH r 2 , I ri' . w 11 bo Iu Id. Tlio v.r i \\i : denied for the reason that II Is tutdutr of the county bojrU uudor ( o\vij.-li.p ortrauizallon lo nito -.eiiollMiu : v'aoo'In ' thMr county , aud unit ; 5iich doUmiilim t > e mud ? , the orumtU prpdnri * hBll rotiMitutea to n lnp. nnd he ti | prftfwr pMlitiE I'ltPM ' tor eenpral elt ilnns in a city 01 fhe S T < ind rlf H , whrttier they owrj-pjnd w ith the t\anN ot Mvh city > 'r i not. | City v . Itithbonp. Krror from .j county. Aflinmtl. Oj Imon by Mav- \vell , Oi.J. 1. Where the testimony shows that tliirj vme soctimcttatlotift of snow ami Ice on a sidewalk , in consequence -of which the plilntm fcHnud inin ned eveto injuries , the iuestlonh HI e thec.ly ni m-zliitent in not rpino\ini < the oNtturt oat Is ono nt firt to b ? determine 1 by the Jury from all the oireinnsUni ft of the ens' . Smith v. . the Situe. Krior from DOUR ] * * tomty. Affirmed. Op nlon b , ' IJprt" , J. 1. Totilter and publl h an Instrument al leged to have been \ < rjed is to decline or as set t directly or Indirect ! } ' , by words or nc- tlons , that It Is good. UuleHpplleO. FoMeii vs. Swle. 11 Nob. &W. 2. ThoeUdoueo cMimtned and held suffi cient to sn-tnin the \er < llct. " . One B. . a stTRURcr in Otnahn , mot one 1. , who profc < ed to liaxen laijre farm near St. Louis and djslrrd to employ ! ! to super intend it. While they weie cotnerMne a pretcnilul frplElit avcnt appealed , who was iutroilueed lo U by T as such , and who de manded of T the iianiicnt ol a pn-ti n ioil freight bill of SO j. T. tiretemliiiu he had not sultielciit chuiiuo to pay the bill , prevented to It a lorgod chock on"an Omaha bank for S2SQ , saying ho c mid cot Hie tnoney on pre sentation , and asked him to cash It. Held , an uttering of the check , although It was not ncuiilly transferred to B. J'riees Lancastei county. Mrior fiom Lancaster county. Alllimed. Opinion by Mnxwell. Uh. J. 1. Certain lands In an odd-numbered sec tion within the limits ot the B. AM. . railroad grant was claimed by that corporation uud also adversely by various parties under the hoimttitcnd and pre-emption laws. In 1S7T the laud wns assessed and taxes levied tliPiron and tlie laud sold to ono I' . , who paid the taxes on said land for 18Tt > and 1ST'J. Afterward the couuly treasurer made SIM entry on his record.of salu'imt said land was not subject to taxatlori. I' , thereupon biouglitan action against Hie county to ic- co\ei the nnioniH paid with Interest. Held , thai the cotporation having earned the land by the completion nud acceptance of the io.ul. was the equitable owner ol said land , and that the same was taxable , notwith standing llio failure ot the company to pay the fee * , for the entry of I he same Kirlc vs iJmUlng. Kiror from Lancaster count ) . Kuveised. Opinion by Maxv\eil , Cli. J. I. A piobate co'irt having jurisdiction of tlie sunjcct-mattci and Iho paities made an entry as lollows : "It appearing lo me from said testimony that said Instrument is the last will and testament of said Joabllobbs , and that he was in alliespecls rompet'-nt to make awill.it is therefore ordered bv mo thai said instrument bu admitted to piobatc as and fur the last will and testament , ot said Joabllobbf , which said instrument is in the words and injures following , to-wil : " ( copyIng - Ing the will. ) In a collateral pioemliug. held a sufficient order of the probate of the will. 'J. Where real estate Is devised to take ef fect upon the death ot n parly mimed w ho has a life estste in the demises , a party claiming under the will , in an action ot ejectment to obtain possession ot the land , must prove the termination of tlie life estate. II. A tenant in common ot real estate can only recover In ejectment to the extent ot his tllle. Anderson vs Buchanan. Krror from Otno county. Iteverseu and dismissed. Opln ion by Cobb , J. In an action on a warranty deed for a breach of the covenants for quiet enjoyment , the plaintiff must allege and piove that lie has been turned out of the. possession of the granted premises , or of some part thereof , or has yielded the possession thereof to the pir.imouut title , lieal vs HollisterU , -Northwestern railway. Ib9. Dodge vs Omaha & bouthwestern Kailroad company. Appeal from Douglas county. Afliiined. Opinion by lieese. J. 1. Where an action has bi-i'ii commenced , flic transfer by the plaintiff of his Inteioit in the subject of the action to another , will not prevent tlio prosecution of tlm suit to its termination in the name ot theongiiial plain tiff. 2. Wheie icalestate as a town lot upon which then ) is a mortgage only worded , is i taken by a rallioad company lor inslu-ot-way purposes , in e\eici- . ( ! ol its right of eminent domain , ana tlio whole of the lot taken , tlie condemnation money being paid to the mortgagor and holder ot the legal title : in an action against such railioad company by the mortgagee to foreclose Iho mortgage , tno question as to whether by the condemnation pioce.-dinc-s the railroad company acquired the fee to the propeity or an easement is not deemed material and is not decided. The whole of the piopcrty being taken , the effecl upon Ihe nioitgagee's secuntv is the same , 3. Where a railroad company in the ex ercise of Its right ol eminent domain seeks to appropriate private propeity for its own use lor the purpo&o ot right-of-way by con demnation and appraisement , all persons having an interest in theproperty , including nun tgagees , should bo made panics to the pioceeiilng by proper notice , and If such compaii } fail so to do and p.iy the money tea a peison not entitled theicto , such proceed ing and payment are void as lo all persons not parties theteto. 1. In case of such procccilln s lo condemn real estate upon which there U a mortgage ot record , the condemnation money found due the owner of the land should bo applied , fir- > to tl e payment of the amount due upon the mntgago , and the remainder to the holder of the legal title. In case suoh piy- ment Is not made or tendered to the mort gagee by proper notice of the pn ceding , 1 e is not aiiC5tedihir-'by and may foreclose ms moitgape as against the railroad company bv proper action. a. The piocceilin ; to foreclose a i > a ! estate mortgage is void : is to all persons inton-sted In Iho subjictot thu suit , who aie no * paities to the action Ther-'io o , it mich pi-r-.otis are not made parties another action may be instituted either by or against them , for thu } iurpLS3 of determining their lights. If against them , It may bo by the purchaser of thi ) ja-opeity sold u'uler the lust loioclosure. Cheney vs Dmilap. Appeal from Johnson connlv. Htivuised ami do.'ioo for plaintltr. Opinion by Cobb , J. J. The evidence before the dlsrlct court held insufliclcnt to sustain its uudlng and Ju Igmeut. z , The airo or date of the actual execution of n written paper , held , not to bo a question of .science , skill or trade , nor one of the like Id ml. upon which a witness may testify and ulve his opinion as an expert , upon Its mere inspection. THE COON IN THK COKDWODU. The activity displayed by the ancient relief .seeker , Tom Kcnnard , in bolstering up thu Howe campaign and his evident imagination that his letters to tlie State Journal will elect tlio trickster , is worth a casual glance in the panorama of politics , for if any one tluncs that Iho man who was cleaned out in his ward primary when all Ihe rest of the ticket was elected is working for nothing , he wants to stay judgment nud see if Kennarddoca not shove a little bill into the central committee for his literary labors. Ken- nard evidently thinks also flint he is making himself felid with incoming mom burs of the legislature , enough to that ho can rcsu'iiu his life work in pre suming that bill for the relief of T. P. Kennard at the coming session , which aims nt a cool leu thousand to mulch from the fitato treasury if possible. This bill for relief will bo the same ono that sessions after sessions of thu legislature have thrown out over tlie transom and timt was crowded with such assiduity upou the lait session by a man dressed in a swallow-tail coat , white hat nnd who torn paper into scraps around through the lobby , that Ihe ingis- ' luturo look stops to legislate ngnmt re ceiving .nnd considering fetich bogus claims at all. Just as soon as election is over the old relief bill will bo taken down usruhi und dusted , thu swallow tail coat will bo brought from retirement and tlm prospects are that the tir t uersonago tlm law linkers will greet nt tno hall of n-.prcsentativo * will uo Tom Konnard ro- Eumiug his labors of a life. Just how inuiiy votes iu the coming legislature Chut-uk Howe can tarn over for the re lief nf Kcnnard is till the mj tury there ib about it. THE DAVJTT LFCTtJUK. To-night MirliRul Davitt , the father of the land league , will addru.s.- the citizens of Lincoln upon the Irish question at the opera house. Mr , Davit ! received an oration tion ut the hands of the citizens of Lin coln on the occasion of his visit hero a few weeks jigo , and ho will oe oven more curdiaiiy received than then iu this his second visit to tno state capit.il "Last night wfcen he amyifil in the city from Omaha , n larec delegation rrcfive'l ' him t the depot , n band aVcom- jaii > lng them , and making more than words of xveleonie for the Irish patriot At ( lie l-vturo t' night the Linoln l ro- plc will atti-nd in no iinerrtsm numbers ami the lecture will lw an ovation. J. Merlmg Morton , of Nebraska City , will be among those in attendance. The pre liminary arrangements made for Ihc Ice- lure have Governor Dawcsfor the presid ing oflicer and the following list of vice presidentJmlaeii C'obb , JMaxwcll nnd Itoo/io / , of the supreme court : Judges liny- ward and Pound , of the district court ; ] ) i-trict Attorney J. 11 Strode , Major C. C. Hurr , Me < r.s. Cnlhotin , ( Jere nnd liydp , of the local press : H. 1) . Sttnrns A" J. Sawyer , 11 llrngmnn , John U. Clark , T. M. Mntquette , Judge \V. 11. Morris , of f'rclc ; .Mnjor Kleutsch. 1C P. Hoirsron , H. K. Moore , John 15. Wripnt , I. M. Hu.\mond , A. E. Unrgravcs , Prof. Hunt ley. Chancellor Manatt , llc-v. M. A. Kennedy , L. M. Leonard. J. W. Marshall. J. 15. Johnson , Lewis ( iregorv , Alex Allen , II. H. H. rincke L. L. Lipe , II. lleini's , \V. A. Moore , ( . luirles Harris , A. H. CurtisV. ! . Scott , 1 : . 11 Chnpin , C. F. t'reiiriitou. The parties having clinrgo of tlie sale of tickets report the most Mattering "successand nothing"PPUIS to be lacking to make the lecture an en tire success. DhATII OA1 | lirccoding the death ruttlo are breathed upon the public with dtip regularity from the insane hospital ruler , and judging from a letter published in thu Journal the other tiny , ono paliont , at lea t , Is ic- cciving butter troatnient. This patient , named Clark , Inn written , or it has been written for him , a letter praising Matthcwson skyward , but if any reliance can be placed on a letter of thai kind equal reliance ought lo bo nut upon n let ter sent by the same patient denouncing the institution a s-bort time ago. As llns patient Clark is a relative of nv-n-y prom inent Omalm piti/.cn , the object of the lute lelter is apparent to all. TOWN TOl'lrs. Tom Carnuhaii , the colored member of the police force , has been treated to a genuine surprise by the arrival of his brother from Texas , whom ho bus not heard from in twenty yenr.s. Uclorp the wnr Tom and his brother were slave children in Arkansas and were separated by the war. Tom drifted to the r.orth and his brother to Texas. A short lime ngo a letter fiom the latter place in formed Tom tluit his brother was alive and well and the reunion was agreed upon nnd carried out just as speedily n . possible. \Vcdnesdav of next week the home dramatic or opera club that has so suc cessfully presented the Mikado in Lincoln will visit Beatrice and present ine Mikado to the citizen * on the IJluo. Tlie first of the Burljngtoii route ex cursions to the Paeilic i-oa t passes through Lincoln to-day made up with travelers from all along the line of the Chicago , Burlington & Quiiiey in Iowa and Illinois. At Lincoln a number of California visitors for the nintor on the Pacific coast will join the train , and a few are booked nt oilier points along the line in Nebraska. The Chicago Opera company hold the boards at Fnnkn's opera house on Friday and Saturday evenings and Saturday matinee. ll.'M. S. Pinafore is tin * open ing opera , given by the company. The republican congressional commit tee has is-ued a circular alleged to lie ; McShane's record in the legislature , which , in spite of the desperate efforts to muki ; it appear n wretched one , shows McShane in many popular measmes Mantling with the people against corpora tions. The efforts of the ring to choku off the McShane sentiment : ire fairly frantic. There are no new developments of note in the fittest burglary , although a young chap named Smith , well known in police circles , talks ns though he knew some thing about the parties who committed the act , and talks about making u con fession , it is very evident that there is a gang nt present working the city. Church llowo was in Lincoln ypstcrdav bracing up his Lincoln strikers with renewed throats of vengeance that will fall like hail on tlio city if lie is defeated. Horsemen everywhere recommend the use of St. Jacobs Oil just before a lace. Uc Wns Not an Umpire. Pittsburg Dispatch : A dilapidated-look ing individual limped painfully along Fifth avenue. One eye was draped in si cloud of gloom. One arm reposed in a sling. One foot was clail in u roomy slipper. A stout cane aided his slow progress , ami an unmistakable odor of arnica emanated from Ins person , per meated the atmosphere , ami trailed be hind him on tlic breeze. "Charleston sufferer1 suggested 5.01110 one in a little group as he approached , mil as ho got abreast of the party one of them facetiously inquired : "What game did you umpire to-davv1' "Shut up , " exclaimed another. "No chestnuts. The man's been in an acci dent. " "Xo I haven't , " res-ponded the subject of remark , "and I ain't an umpire , either. " ' " 'I hen what are you ? What's the matter ? What have you been doing ? " chorused the group. " 1 the dandiest foot-ball bfdong to - team in this section , and don't you forget it. We had the best game of the season yes terday , and it beats any fun you over saw. \ \ e need a couple ot good men for substiutes. Don't tome of you fellows want to join1' ? "Coldr" 'Tes ! " "Cure it ! " "How ? " "Udo Red Star Cough Cure. ' " Does so , and is happy. Divers are examining the bottom of Lake Quiusigamond for mics of the an cient owners of the soil whc.se camping ground was on the .shores. The divers are employed by the Worcester Natural His torical society. PEIISONS who lead a life of exposure are subject to rheumatism , neuralgia and lunMjago and will find a valuable remedy in Dr. J. H. McLean's Volcanic Oil Lini ment , it will banish pain nnd subdue in- llamulion. A calf was killed in Zionville. Pa. , ono morning , the skin wns at the tannery iiy uoon , Wiia tanned ana turned over to the shoemaker that evening , and by the next morning WHS made into a pair of boots which were woru by the man who owned the otilf that had worn the sKlu the day before. 1 gnulljl MOST PERFECT MADg Prn-Med wltb strict wgxri to Pnrity , StrenrtU , ani HtiUfcfiilE-f * . Dr.l'r iiBiUo'PowdercouUina noAwopIvUmeJUaaior l'aoaphate .Dr Price's iirtr&cti , Vaallb , Lsaoa , etc. , Havoi delldocdy. MIRACULOUS CURES , The ? rtrctic of a Boston Phjii- dan , Jiut Intercut the ' .VorHl. Ilttin TrarrOtr nf Off. 2 , Obedient to vour injunctions to write tip tin- work of. some leadln * phvsfrtsn , minuter mid leftditir ) > tiwyer , 1 have decided lolet my first iPtk'rlieatkmt nil : DocToli. I have wlffted us the subject of tny sketch Jir. It. C. rio\UT , of Boston , \Uio > e ofllr-es aio st ITR-J WaMilnston street , corner dt Kn t Chester Park. The reason of this M-leellon tstliat , aftera thnuuich lmotiraiioii ! of tlto ptacllcp and success of several eminent phys icians of different cities of the east , nil lines- trillion which would do credit to nny article In any Journal , 1 IIMO ascertained beyond cavil or doubt that Dr. Flower stands at the head of the lareost and tno < t successful prao- tlce In this country. Ho lias tanre patient * than ativ dozen doctors 1 have any know I- edue of , mid that he cures more abandoned nnd supposed Incurable casein nil has crowd ing upon hi * time and seeking Ills service more patients than jon , mlcht suppose twenty phjsielans could attend to , Is n fact known to every one who knows mottling of this enoiinous practice. Dr. Flower may have his enemies those who are jratous ot his success , nnd who would delight in Ills Injury , but one thing Is stile , Dr. Flower IMS never had HIVAt. .Since Itivwtlgntlm : the work of the Doctor. 1 have seen aniom : his vatictiti mini1 happy and grateful men and women than 1 have seen in all mj Me put together. I have seen those who , a lew month. " and > ears asro , we-e neailv oaten mi with cancer , and consump tion ; thuso once in the times of death with heart disease : on the border of insanity \\itli iier\ousnes > : helpless with parahsis ; de- Jormed by rheumatism , emeu. well , happy. and clothed In their ilslitmind. These I hau seen , talked with them fate to luce. visited their home * and learned the history of their disease and their etne. I have visited a number ot Dr. Flowei's patients. These patients had nearly evo-y kind of chronic disenso known tle-h Is lie ! r to. Jlll here clve a digest of the ravines ot a few , and will add , in 01 del to settle the point as to vt hcther thu cures me permanent , that all the cases hero refetred to weic treated two or more years a o. . \Villatd I'ice , ol the firm of llice , Ken dall it Co. , ot Federal street , Inruo paper maiuitncttiiers , said : 1 have been acquainted with Dr. Flovxei tor many jears. I have known him Intimately in many of life's re lations , but mijst intimately as a physician. llui.sa lemarkaDly successful and .skiiltul plij'iician : outside ol my o\\n people I have known ot Ills pel forming the most leinarka- hlo and wonderl ul cures. He has a practice which surpasses anything I ha\e ever known or lii-aid of , and it ciows larger all the time. Tlieie is but one Dr. Flower , and 1 don't be lieve them will ever be another. He Is thoroiifshlv responsible for anything he may undeitake , in every -sense ol the wind a most reputable gentleman and valued inend. A , A. Howe. Kq. . . fonvaider and commis sion merchant. India wluif , Boston , sail : Dr. 1' lower inuert me > ears inoot what land all mv friends beliu\cd to t > u an incurable malady. It-\va ; wholly pliical , but had uUuily prostrated my nerves and threatened my mind. 1 had doctored with several lead- im : pl ) ) lciausot thiseitv and Philadelphia. : tt a ver > heavy expense , but lecetved no benelit. Wheii'l consulted with Dr. Flower he told me my troubles without asking me any question * , took inv case. treated it , with dispatch and cuied me permanently. Mi. A. ( i. Thompson , of Fifth Avenue Hotel , New-Yoric city , so well known there , was consulted Hoarding Dr. Flower : "Ves , he dorUiied my vriiusome live or six years nsro for what was supposed to bo an incur able blood tioublf , also heart tionble which thieatened her life daily If not hourly , till"1 " btilTeicd untold airony , was almost entirely lielple.is , find we.weie all depicted and dis- eoui aired over htr ; condition. Dr. Flower tieated her Iorse\eral nionthsand tlioiotighly riadicatcd this vol.son tiom her system , cured hei lieait tiouble pcriraticntly , and she has had no dinioultv in aii\ way since , and has onimed splendid heai'li. Before con- suIlimr'Ur. Flower she was doi-tored by .sev eral load ! UK physicians of this city and pio- noiiuccd inc-iir.ible. " Mis * Klla Hetts , Xorwollc. CL , said : " 1 had been lame and almost liclpli-s-.lv lame lor se\eral yi-ais. I had been faithfully doctoied by several prominent iilivsiciaus , and by them pionoiinecd incurable. 1 consulted Dr. Flow or as a ijL.fr rnxt n. He told me nut to despair : 1m thoucht ho could cuiHine ; he tre.ited me lor sc\eral months and ivbtored me to excellent health. " Ihave over one hundieil and forty just such testimonials , but space forbids mcntiou- iiiu'inotc. 1 have visited Dr. Flower's ollico fic- quontly , and famiharl/.eil myself with his pi.ietic'c. H ( ei'3 about ono hundred and seventy patients aday.and his assistant about HS many more. X > one can see the doctor witlidiit feuling that be Is a man among men , who thoionghlv understands his Du inessbe- lieves In it and enjovs it. To know him Is to like him , and to all , under all circumstances1 , is lie affable. Iloisyonns ; not yet thirty-se\en years of age. quick in Ids movements , and possesses ah intuitional peicoption which many be- is suriixATni.u. : : . For evninple , he will tell a patient his dis ease bettei than the patient cm tell him. In 50.KX ) c\n , initiations he will never makea mistake : and that he can read the inner con dition of a person as well as you would read an open book K a tact no one would lor a moment question who knows anything abou him. him.The The crowds that como dally to bee Dr Flower are immense , and ono must see for himselt if lie would have but a faint icalUa- ion of what this one man IK dolnc. I ventuie the statement that there aio pa tients from cveiy state In the union at this time , stopping in the city lor a longer or less time , anil under the piofessional care of Dr. Flower. That you can see at these offices every week , it not every day , patients from every section of the country , and almost eveiy part of the world , seeking Dr. Flower's aid- AXI > TIHT : oivr IT. A man from Kentucky said that ho had paid out for the last eight or ten jcars from two hundred to live hundred dollars Just p.itrliini : up ills stomach , catarrh and lung troubles , and then ho ' .vas nexer well ; lie- fluently had pneumonia , and always had to be very careful ; that three years aito he con sulted Dr. Flower , and was so pleased with the examination that he placed himself im mediately under his caie. In a few months was entirely ciiK'd. and had cnjojedever since the best ( if health. It cost inn a thous and dollars for lr. Flower to cine me , but I have not paid out A cent since , and 1 feel now 1 am good for many jcaib of splendid health. i Does Dr. ! lower i Al-WAVs Cl lit ? Ill- docs not. ' nd docs not pretend to. But I am safe In sl\lnirthat ; ho will euro more sick outof ucl\eu number than any man in the woild , and that he will readily in cm lug fmly ninety 'perl-fntof the supposed Incura bles. I heard nn old man and a physician a > that Dr. Flower may not cure ! < ll Ills E - I tlents , but wlief ) a pcrn J& hick and Dr. newer cannot cure him , 1 tniuk for such a person there js little ho ] > o in this world. If a sick man consults Dr. Hewer , I do not care > Uiat the disease l , he will soon be satis- lied that lie is in the presence of n man who can read Ida very inmost troubles as ho would an open book. At uiy urgent yajuwt Dr. Flower allowed mo to examine a lilt ] ot testimonials 1 fchould judgii between fifty and sixty thousand In number. The following nra a few from sev eral 1 made extracts from , and which 1 have been i > rmitted to ne. They are 11\ inc le-sti- monlala and represent ilUlerent sections ot the country : I writ totellyouv\hatyourmcdicincihavo done for my wife , fehe is altogether a new beinc. I am confident she. would ha\e been in an insane asylum and a helnless j-arah tic besides li.1i ! it ot been for yon and your medicines , Kvt-rv oue who knew her and her condition nxjiik of this wonderful iin- provemeut. it.V. . AJderman. Clariden. Oiiio , Seiit. 30 , issG. Mrs. Win. Miller , of Holden , Mo. , under date of Sept. la , Ihafi : When I coinniencwi taking your treatment I was aiuio&t dead. I thoutm I could not possibly live ions ; that I must soon leave husband and children. Oh , Doctor' Icanuptoxpres&inygraUtudei Forman man\ months before coiamendu your treat- mi nt 1 br.d no appctitu , no desire to liv dul not want to see anybody perfectly miserable , and my case so complicated iiotti- ing I took would relieve me Now 1 am so proud that I ninimproxint ; so fast. Mr. Miller , of Holdin. Mo . wnt ntf to a friend , said : "Dr. Flower made a llxiug \sit | to our tow n to visit Mr. Klberdinir , one of h s pntienK Mr. Klberding s eoso liad tmtlllod tin- must skillful ph.xsieinm in this Imri of the country. It was a bid ruse of rhe.un.i. . lisni. Mr. Klterdlne could not mine hands or tm > t , and la'd in bed or a leclni'iie elmir forever over two years , he suffered ten ibl > ; had to I * fed. Or. Flow PI | ( M > K his OR C a f ( > w monflis aeo. nud to-day Mr. F.lbeidimc ran u o hi3flrm . sit up at th tflblo and OH , dli\TS his huecv and is cO'iiimralneh fteo from nnln : can < tniid on Ids f t nnd'in a short t'.mo w ill beablp to walk. Ili ease lis , erenled a coed deal ot evitpnipnt in our omn- tnunltv. We look upon Dr. Flow or asn ic matknlilp f1" -t-i . . Mrs. Miirick1 Foreman , of ( iitrrlson. Inwi , writes : "May ( iojbles * j m Is tnein of m\ heart as 1 wnte. lor 1 must tell > uu tin- tufni news. After weatlni : a brace lur ti'j spun- for ten yenr < I can now tpy It aside , also hi\ : me liad falllm : of tle woniti for fifteen yeats can now say that for mouths I Imve not felt that teirible drariring-dow n scn < atlon. " Elirabetli M. While , of DownsMlle. N. Y. . under date of Sejit. 10 , lssi ( , wiites : Inom last letter yon requested me to let > ou l'no- > soon what changes had been takim : place. The memtHTsot thefandl.v sa > tliat thetiimor lias Jecica ed In siy.e veiv considerably. Them is considerable diflerenee in the ap pearance of It now ttom acar at'o. Long befoto I commenced > onr tieatment the tumor was so lariu and haid that 1 could but Just touch mv elbow to my knee , and that v < .is quite an effort. I can now rest It then ) with ease. Then I could not sit in a chair and reach down to the ilooi to pick any thing up , that 1 can now do. The skin now Is quite loo-e around thu abdomen. The tuinoi extended liom hip to hip. now quite n space each side and abo\e it is fiee ; 111- , also much softer. All this lias beef simutiplished since yon commenced treatinu m > cai > . Dr. Flower has occasionally made profes sional trips to the West and .South , but 1 un derstand from the doctor hitnsolt that these trips are about nvei that he expects to make one more trip to ( lie West this season , and u little later in the wintei one to the South that tliese will close his \tsits abroad alto- cethei. That his practice at home is becom- imrso cient , notwithstanding the eOu-lout help he has , as to render leaving home lei auv length of time out of the question. Many ol Di. Flower's patients lie never sec-- , though he would much rattier sec11 hem. at least once ; but when this cannot be , he submits a list of questions lot ( lie patient to answer , which , when lully answcmi. en ables him to judge ofttiecase ti'"irl > as well as liv a peisonal Intel view. The .IOOVP would indicate. ! most wondei- ful skill if not supernatural powei ( thouch thf doctor disclaims unythini : supernatural i , nnd many such a case 1 have leceutly become acquainted with. How Dr. Flower can do those things , and as one writer puts it , toy with ucath and disease as tliouch they were nothing , ami out of the shadow , the tear and despaii , biing his patient into health , happiness and joy , I know not how , but that he does it is a fact , a ti'iiible fact , and one which \\ill shed light when all rise is daik in the death cham ber. ber.Those Those , however , who wisli to know moie of this doctoi and his cures , will bj sendlni ; a two-cent stamp to L. Barta & Co. , I'earl stieet , Boston. Mass. , receive a copy of their publication , fiom which a portion of this aiticle is extiacted. I'oilcKtndV Deathbed Wedding. vViisliiiigtcm Post : A week ago l\st : Saturday n strange scene- was enacted in ono of tlic eli'jrantl.v ' appointed chambers of No. 1,310 1-st. northwest. It was : i wedding , but thu stranfre part of ityas that tlie bridegroom , too feeble to rise , lay in tils bed. dying of consumption , while a Catholic priest tied the marital knot , so soon to bo severed by death Senor Don Luis lie 1'odcstad y I'inlieiro 1ms for the last year been the third secre tary of the Spanish legation in this city. Ho belonged to the ancient family of the I'odi'stads , who Imve been n noted family of Spain for nmn.y generations , and hfs uncle was the. Marquis de I'odcstud. who , while with the legation bore , became quite a favorite. Soon after Don Luis came to this city to assume his new duties , ho met and became acquainted with Miss Wright , the daughter of the late linmbleton Wright , u well known citi/.un. Miss Wright is u beautiful , laughing brunette. She is of medium height , ana H possessed of a splondiil form. Her vi vacious disposition , beauty mid grace cautivited ttie heart of Don Luis , and acquaintance soon ripened into love , which became mutual. Hut their happiness was destined to be short lived. A month or two ago tlic seeds of consumption , which had been been sown in the young man , began to assert themselves. He was prostrated on the bed , from whence IIP was never to rise uhvo. During all his illness his dc- voteil liancco watched at his bedside with the tenderness and solicitude of a wife. Hut HIP dread disease had too firm a hold iinil all hope was given up by the pliysi- cinn two weeks ago. It was ver.v hard for the young man , only in Ins twenty-eighth year , to ilic , when ho had such bright prospects be. tore him , but when he learned there was no hope for him. ho informed his fiancee. Miss \Vnght \ , nnd as a last wisli asked her to marry him , even on Ins death-bod , so that she might at least bear his name. The ceremony was performed and then Don Luis hank more rapidly , until on Tuesday last he died. Neuralgic pain is usually of an in tensely sharp , cutting or burning char acter. To effect a speedy and perma nent cure rub thoroughly with Salvation Oil , the greatest p.iin-cnrc on earth. 25 cents. When a man is ill he should send for a doctor at once ; but when he 1ms n cougher or a sere throat he needs only Dr. Bull's Cough Syrup. 25 cents. Every day adds to the great amount of evidence as to the curative powers of Hood's Sarsaparilla. Letters are contin ually being received from all fcections of the country telling of benefits derived from this great medicine. . It isuncminled for general debility , and as a blood ! puri fier , expelling ev ry trace of scrofula or other impurity. Now is the time to take it. Prepared by C. I. Hood & Co. , Low ell , Mass. Sold by all druggists. The most stubborn and distressing cases of dyspcsia yield to the regulating nnd toning influences of Hood's S\r ; apn- rilla. Try it. On next Wednesday night Dr. 1T. ; . Allen will cive a reception to the homm- opaline physicians of tnis city in his rooms in Williams' block , with the intent of establishing an association for the < lis- cu-siun of mutters of interest to the pro fession. Thu lirot discussion will bo upon membranous croup and will h tukc-ii iiart in by Drs. Sjiragne Pnr-ons , \ \ orloy. DiiiKinoor mm others. ssirsT r s WHSKE ! hpcrlnlli PI. tilled fur Mnllrlnul I' e. TM BEST TONIC ] UNEOUALEDforCONSUMr-riO * WASTING DISHASES and GENERAL DEBILITY. PERFECTS DIGESTION Dll EDIT L. MALLINO , tor ( JM.H iu C'liipf , ItaUwcil ( Jinn l , { N J. , vrilet "Mr ltfnlloa trai rallij U jour Kfi lou JluU W liltkry ) > j lit Lul' r , Dructl.l , ( f T/ru'on a 4 I hitie u * d a f w Ititlte wild furLrttT ftfwl r.itn nn > " Laic lud : I em rcti.mii , m.l.aj ) > ur rlicl In wy i-ranuc - , iujk buil II vi hj MtUUi lory " Zit-ciiis of Br.tl ! . EESHHR & KIENDEE.SOP3 , fi l * J > ( * BU tt > r iLt L Si 316.818 md 320 IliM SU Ptilidelciii. P > _ fioodman Urug t'-o . ( ieul Nebrtuka. 18381II SWIFT'S SPECITIO.I1I18SS A REMEDY HOT FOR A DAY , BUT IOB' ' S CdT- HALF A CENTURY " * a RELIEVING SUFFERING HUMANITY IAN I B AN INTEFIESTING TREATISE ON BLOOD AND SKIN DISEASES SENT FREE TO ALL APPLICANTS IT SHOULD BE HEAD DY EVERYBODY. ADDRESS THE SWIFT SPECIFIC CO , ATLANTA , GA. BHEMAH ROAD CART , i"BESTCART ON EARTH. " SINGLE , DOUBLE and LIGHT , 150 II S5 lll . EASY , DURABLE and CHEAP. Crated free on board cars. ' CHAg. T , ALLEN , COLDWATER , Mich. DEWEY & STONE. One of tlie Best and Largest Stocks in the United States to Select From , f KTEB. S. W. COR. I Still AMI * TAEIXAM , OMAHA. Properly of pycry description for snlc in all parts of the city. Lands for snlo In every county in bra < < kr\ . A COMPLETE SEP OF ABSTRACTS Of Titles of Douplas county Kept. Maps ol tlif city slate or county , or tiny other infomiation dcs > ireil , furnished free ol charge upon application. R& © Delicious Flavor. Xo pains are j spared j to make these meats THE BEST that can bo produced. People of EPICUREAN TASTES arc highly pleased \vith them. If yonr Grocer or Miirketnmii do not kci'p them , tend direct to Armour-it : Co. , Chlcupo. Notice to Contractors. . I'roposidrt will no received by tlio SKAT.ED Trustees ot Mnllalicn University for tlio erection und complotlon ( if n proposed mm or gfty biiildlntrtobporortpd nt Hartley , Neb , ac cording to ulo-is , details anrtspeeillcatlons inmlf liy r. M. r.llls & Co , architects , Omalm. I'lnne mny bo semi on nnd nftor the 2fcth iliij of An- ifiibt. 18-0 , Rt the ollloo of tlio soci etiiry lit Hurt- lev. Neb. , snd ut the offica of the architect ! * at OmnliH until the twenty-ninth dnyol Ueceinbor , IShC , lit" o'clock p. in All proposals must bo on tlio with the secrotHry nt Hartley , Noli. , on or before the nbovu date and hour , ut which Ilino mill plnco blU ( will bo oponod. A coitlllod druit or check of one thou'Hiid dollnrs v'lli be depo-- ItoiluUh oiirli lil'l ns ti KUiuruifo that Iho part ) will enter Into contriict nml jm'o H Mitlstuctory bond lor the faithful porforniitnro of hl < POII- trHttln ilio ninount of ono-lialf ul tlio contruct price. Tlio Hoard of Trustees ic'crvcs thp right lo r-Jcct any or nil bids. llv order of the Hoard of TriiRtocs of Mallallcn Unlvcrflty at Hurllov , Neb. I''G .lUHNtUN. I'l-Ofiiilonl Truf It OS. AM.EN HAIITI.UV , Financial Hocrotori . ociJdUt TtM only perfect oubitltuta tor Mother's milk. Invaluable ID cholem Infantum and Teething. A pre.dlgoct d fooc for Dys * Peptics , Consumptive * , Convalescents. erfect nutrient In all V/milng Diseases. R qulrB no cookins : Our IJooy , The Cnra and roodlne or Infants , mailed trco. PC LICE It. OOODALB ft CO Bogton. lifcg LINCOLN BUSINESS DIRECTORY I'.ctcr.t ! ; Unlit. Newly Tlie Tremoiit , J. C. i'lTZuiiltALO A h.QN , I'ropilotori Cor. tth nnil 1'SU. . Lincoln , Nub. Hate * ll-'O iicr dujr. fclrcci can Iran : IIQUIO to itnj turtoClno o't ' > - J . H. W. HA\\K1NSJ Architect , Offlci B at ai nnd Iti'-lmrdi illoak. Lincoln , Nub. KlevotorouJHii Etrc t. Ilrrcrtcrol Irender ! of I' CilTI.t finoUT Huns CATTI.I F. M WOODS. Live Stock Auctioneer Bales mode In all parts ol the U ft nt fair rnlis. lioom a , Stuto lllock , Lincoln , Net1- . ( ialloiray und Short Iiorn bulls for tulo. Farm Loans and Insurance , Corrcsi-omlpiic'e In rcpurl to lonni 1:1410 : L Kooin 1. ltlch rJ5 Ulo.iU , l.lnooln. Nol > . Hiiverside Short Horns ( if tirl.-ilj puru Hates and Ituica Tapjuxl catUc. Herd mniibi r * about C-i bund. . 1'mullJes rrprescntt-a : Fllben * . Acx'UUo. Hunk : * , ItoSQOf hnroiic , MOM Kiiiutitlj Jnioinkses , r'iat Crook tount : Mary ; , 1'liyllUiu , Ixiuaiu aiul'lruc Love IliilU Jor nle. 1 t'uru Haio I'ilt/erl. / 1 I'uiii Dmesi'm 'b , I Hrv.iof Slmron. 1 Youirc Wury , 1 I'Hie Cruiek Shanli tul otnurJ foiiuj no j In&lolllic Url. AdOrt-bJ , C1IAS. M. lii.\ riON Lluuolo , Nub. . W1 en in L nco'.n Stop at ISTational Hotel , Auii pel u K oJ oljuor fit " ' J. L. WILEIE , Munulactuicrof Paper Boxes , 100 S. 14th st. Omtilui , Kcb. Q Ornrrs by mail solicited anil will ro- ceivtproinut attention. HAILV/AV. Omaha , Council Bluffs And CMcago. TliB only rend to taV for lies Holnoi. Hnr- flnilltovvn , < nilnr HRDIP. ! | Clinton , Dliln. Ohlcn- ro.Mllvvn-iVoo and nil points cntt To tlio poo- nlo of K t rn'ka. Colorado. Wjominir. t'lah , Idalm , Nevada , Oroifon , WaHhln rtnn and Cnll- fornla. It offi-ri Ftin ' ] lor ndvanta os not po 3l- b'e ' bv any oilier line Atnonf ; a few of the niuncrous points of gu- ptrlorlty onjoycd by the patron * of till * road botwoonOmtha ( inil riilPHRO. are its twotrulm ndnyot DAY COACMK8which are. thennnst tnnt hiimnn an and ncomilM can create , ltd I'AIArR BLKHI'IN'G CAHS. * hlch arc raodelj j of comfort and elcennco ltd I'A1U/H DHAW. JNG HOOM CAU8. unsurnanfmlbr any.nndlls widely celebrated 1'ALATIAL D1NINO OAH8. the eaual of which cannot bo found elsewhere. At Council niuffs the trninsrf the 1'nlon Pocl- f.a Hr. connect In Vnion Dapot with those of the ( 'hlrafro i Norlliwcsloni Ky In Clilcm.-o the rralnE. of this line make close connection ulth Uio o of nil cnstnni line" , Foi Detroit , C'olutntiuR. Indlanaioll ] . Cincin nati. Nlaz-rtrA Falls , nuffnlo , 1'ltlf burjr. Toronto , Montreal , lioulon , Niw VorV. 1'lillndelphl'j , linl- tlmor * . \\'Dslilnmon nnd iJl roluls In thti east , RsU the tinketnc nt for tlekptu via the "NOHTHWBRTKHN. ' If yon wish the best r.o'ommnilfUioni. JlH ticket luontsrell tlcliuis r.alhlelino. M. IIUGHITT , K. I1 WILSON. ( iencral Maniurer , Rent. 1'ass'r. ARont f blcdgo , III w M. lur-cocir , L , IL IIOLLKS. GenlWostern AKt. fltv 1'ash Agt , Mil Faiiium St. . Omalm , Nob. THE CHICAGO SHORT LIKE OF ntE Chicago , Milwaukee &St , Paul B'y ' THE BUST 3EIOUTE hio GUH1J1 ® l COOSCIL BLOfB l TWO T11AIN8 n.ULY llETn'KUN OMAHA COUi CJL HLUFJ'd AND Milwaukee , St. Puul , JlirweniioHs , I'cdur HajiUlH , Clinton , Unbuque , Davenport. Uock lalnnd.l'roeporl , Itockfonl , K\gln \ , Xaillsoii , Junes ville , Hcloit , Winona , La UFOBSO , AnJuJI otbrr 'tar > ' > i innl point * East , Kortbecil mill Southeast. 1'orthroneh tlckbit call a tUu TioUat Aon at HQKnnmrn \ fatrout ( la 1'nxton Hotel1 , or u I nlon Tftcllio Dti.ot I'lilltiuui bicoucm nnd thw flnait Olnlntr Onn InthuvroiW urt > run on lno uialu llnNOflha ClIIClQO , MlMTAUIIZIE A T. l'\UI. IUH.VTAY. nnil evorjr ntlentlon 1) pnld to pnssengen bf courtcxma eaiployci of the company. It WII.LKII , Umtrul Jluna cr. J. lf. 'I'vcKKn , Astiktant Runral ( A V. H OAiii-Kvm , Goaer l Tlffcot Aecnu lir.o. K llKArrnut ) , Atsltum OeiifrtJ I' * ' on- gcr mill Ticket Ajii-nt J. T. CbAiikC Cvatrm Sr.i.erlitcuJsul. P7 BOYEB & CO. f and Jel ? Work , 5020 Fiiruum ijtrest. O.uajui.