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8 THE OMAHA DAILY BEE : THURSUA , KcWfiMBEB 24 , 1867 ,
COUNCIL CONTEMPT CASES ,
Trial of Lincoln's Ends Concluded
Before Judge Brewer.
FINES LEVIED ALL AROUND.
Hie Mnyor mill Three of Tin-in Tu.it'tl
Klfl ) ' DiilliirM Knell The Other
Hlx C.i-l It Much
Jlenvtor. i
Itrewrr'N Decision.
Tlicru was u gruut crow
In the court room ycstcrtlny morning to hear
the decision of Judges Hrewer and Dundy In
the celebrated Lincoln city council contempt
case. Inside the railing was assembled almost
lhecntirolarofthtcitytoKctlicr ) with n host
Iciml represent atlve.s from Lincoln , while the
city council of tlio hitter city occupied the
cli airs on the Jurors bench. The court room
proper was packed with an interested thronp
01 npcctntors , wnilc the aisles nnd corridors
wore packed witli those unable to obtain
BCUtS.
Juduc Hrewer said In substance as follows :
I think it fair at the- outset as these pintle-
men were not present the other day when I
decided the question of jurisdiction , it I
repeat twine thliiKH Unit I said on that day.
Counsel for the respondents made an elabor
ate argument , and Hied a carefully prepared
brief Insisting that if the court had no juris
diction tlio injunction was void and might lie
disobeyed. Taking the word jurisdiction In
one sense of the term , I agree with his prop
osition , hut 1 endeavored to show to him
wherein 1 thought that proposition not ap
plicable to this case. I think the best defi
nition of the term when applicable
to a question of this kind is that
found in the early decisions of the Miproim1
court. There it is defined as tlio
power to hear and determine , and when a
court Is given the power of hearing and de
termining it lias jurisdiction ; although it
may make mistakes cither upon the law or
the' facts , and in illustration of the fact wu
might say the probnto courts have no juris
diction in criminal matters to try a man for
murder. If tlio probate court should assume.
to try a man for murder , and issue a warrant
for his arrest , and take cognizance of an in
dictment of that oflVimc.lt might well be said
that thatcourt had no jurisdiction , but if a
court has criminal jurisdiction over all of
fenses committed , then tiie offense is within
the jurisdiction of the court , and its pro
ceedings arc to 1m obeyed , although it may
turn out dually that the offense , if any , was
committed just outside of the limits of the
county. That is n question of fuel which
may finally throw the case out of court , but
the court is charged with the duty of inquir
ing into the alleged criminal offenses
within the county , and having Juris
diction of that subject matter , it had a
right to entertain the case , and ills Its duty
to oxumine and proceed to Judge. It won't
do to say that because there happens to bo a
technical effect in the mcadings , the omission
of Home vital matter' ' which may bo corrected ,
If the subject matter of the inquiry Is within
the jurisdiction of the court nooncean say the
court has no Jurisdiction , and the process
will ho disregarded. I put this case as it
brings the matter right home to the common
ncnscvof every man who has practised any
IciiL'th of time in the criminal court. It is a
well-known fact that indictments are found
In which there nro some technical grounds ,
that It is beyond the statute of limitations or
Bometliing of that kind , would it be tolerated
for the defendant to say tlio indictment is de
fective , and 1 can resist , even to death ,
the processes of the court issued
under ill The very fact of disregardingsucli
processes issued by the court which has no
Jurisdiction of the subject matter would bo a
matter of social disorder , and would bo
enough to convince anyone that where a
court is given Jurisdiction of tlio subject
matter of jurisdiction , its processes are to bo
regarded ; if there are defects in the pro
ceedings , they should bo brought in the regu
lar order for correction , and if correction is
refused by tlio trial court , there is ample op
portunity for n remedy. Now , in this case ,
ns I said to counsel the oilier day. and as I
have no hesitation in repeating , I believe that
proceedings in court should bo open and
public. Tills was a case where the party
came and said , ' ' 1 have a right guaranteed to
Jno by the federal constitution , which these
defendants are threatening to infringe. "
That is a question which is within the special
Cogni/anco of the federal courts. It
worn ; ! Co a gross disregard of
ofllcial duty lor a judge when a bill
of that kind is preseTitet ! to suy , "I will not
examine your matter. I will not lisvo any
thing to do with your ca e. " Ho said"l have
n right guaranteed to me by federal constitu
tion and you are sworn to listen to my com
plaint and RCO if I have any rights that are
trespassed upon. " It is the boundcn duty of
uvcfy federal court , as well as every other
courtwhen a party comes and says"l have a
right guaranteed tome by the constitution" to
examine Inn pleadings and see whether ho
makes out a ease. Sometimes a bill mnypro-
Bcut such u K'.atc of facts that a court has
no hesitation in saying that it is u clear case
of a manifest Invasion of u right guaranteed
by the constitution. Others are presented
Where the court on examination in the lirst
instance says that it IK a doubtful matter ,
The ordinary course Is to MI.V , "well , if you
have made a prima facie showing whicli
calls for mature investigation , then I will put
you in a position where the ca o may be
fully heard and the proper judgment on
tered. " Can it lie that when a court acts
upou a case alleging such facts , invoking Hit
examination and judgment of the court upot :
a matter especially committed to tlio cognizance
zanco of that court that the defendants car
suy that the court made a mistake ; wo won'i
pay any attention to that ( Take the case bu
n short Unto ago , where an application was
made to Justice Harlan in the celebrated an
urchlst ease for a supercedious stay of pro
ceedings pending a review by the Suprenu
court of the United States. Supposing In
hud grunted that supcrscdcas , and the in
cpliry had gone ou for hearing before the su
prcmu court of the. United States , wo nov
know that by the deliberate and ununitnou
decision , there was no question of federa
cognizance. Tliero is a man lying it
St. Louis jail to-day , Maxwell , the nun
who is charged to have killed 1 'roller , tried ii
the local court and sentenced to bo hung
that sentence conllrmed by the snprenn
court of the United States. A .superscdcn
and stay of proceedings lias been issued upoi
the stato'-onrt. It might bo that that cour
will say there is no federal question here
mid the judgement of the state court must hi
aftlrmcd , but , will it bo tolerated in thi
'
country of law and order whero'wo all fee
that wo are bound to obey tlio orders of tli
court , having jurisdiction to properly issu
for the supreme court of Missouri or th
local court of St. Louis to say the suprem
court of the United States have no jurisilii
tion ; there is no federal question Involve
hero ; wo will go on and hang this mam Sii )
posing that were done , how soon would th
foundation of social order bo upset
What would bo the effect of th
mipromo court of tlio Unite
States , in case there should bo a disregard c
the writ thus issued. Although I as in th
nimrchiit case , and maybe in Urn Maxwe
CUBO , they may finally say there Is notlnii
for us to do. There is no federal questioi
There is nothing that justifies us in tlio pn
cecdings of the state court. So , it may be i
this ca.sc , when wo como to a Until iiupnr
and both sides are heard , wo may satislU'
that nothing justifying the action of the fee
erul or any other court , is in this cu e.
may bo pardoned , too , for noticing atiothi
mutter. It is the fact that there seems to I
manifested n feeling that the federal court
have no business to interfere with iinythin
done In the state. They seoiu to look upon
federal tribunal as bolouging to some fomi !
power , and that ovcry tlmo they act the
were Invading the right1 * of tlio state
Now , It need not bo said that tli
fact that thc o states from ocean 1
ocean inudo but ono country has been settle
nt great cost of life and treasure and tlio fei
oral courts do not represent the foroif
power. They nro your courts Just us ful
as any court in the state , They stand aim\i
ubloto thosamosensoof publlo opinion th
your stuto courts do , unit they are bound 1
the srtiuo oaths to respect all of the laws i
thin entire country , although they may d
rive their commission from 'a different exec
tlvo , they nro still the courts of this 01
Krcat country. Knowing this , wlienev
questions of a locul nature como up , they n
referred to the district judge because ho is
citizen of the state whore tlio question nnsi
tud my brother Dundy , although a foder
judge , has been a ( . itU'cn of this lituto loupe
H-rhup * , thiii : many ' of 'you , ' pcrhs.
Uiuil any of you.He. Las. as much ; intcrt
iw any of you In the good name nvml fame of
this state , In the preservation' of order , In the
due administration of our laws , and In up
holding the constitution and laws of tilts
state to their fullest extent. It is strnngo
that there should bo a feeling against the
federal Judge , a citizen of thN state , enter-
taluinp Jurisdiction to determine matters In
the state. He that as It may , whenever a
question arises which partle say Is above the
state law , and they raise their rights upon
some provision of the federal constitution ,
every federal Judge , as well as every state
Judge , is iKJund to recognize and Investigate
that complaint , It Is a doubtful case. Coun
sel say there Is no Jurisdiction and no federal
question Involved. Perhaps no person knows
better than tlio Judges of the federal courts
scattered through the land how difllcult It is
to say whether a party has or has
not a right protected by the federal con
stitution. Those nine gentlemen who con
stitute our court of final resort at Washing
ton , are constantly wrestling with question * ,
and doubt , and hesitation , attempting to de
termine the limit whleh the federal constitu
tion , with its old and more recent amend
ments , have placed upon the power of vari
ous states , No man can say absolutely to-day
what the limitations , or tlio extent of the
limitations , which those amendments have
placed upon the power of the state. The best
men at Washington are trying to solve that
question , and to say just how far this four
teenth amendment and the other recent
amendment huvo restricted the | H > werof tlio
state. Ho is simply a foolhardy man , I euro
not who he may be , who will attempt to say
that he knows exactly what limitations , in
any and all cases , have been placed by these
amendments on the powers of the states , and
I think I may safely say that in
no circuit and before no Judge huvo
there como more and moro varied questions
under that fourteenth amendment , as to the
extent of its limitations of the powers of the
state , and it is a confession of weakness or
ignorance , in my Judgment , to say that I am
groping and do not know what will finally bo
the declared limits of that amendment and
suy when a case of this kind is presented , as
1 said the other day and 1 say now , that I
have no certainty of opinion that it Is a case
in which the court would finally declare that
it had jurisdiction. Passing now from the
question of Jurisdiction for. if there bo juris
diction and process is violated , there is but
ono thing IHt for a judge to do , and that is to
punish. The queston of .punishment is ono
not to be arbitrarily exercised , but to bo ex
ercised in the sound discretion ,
having reference to all the facts
of the caso. The statutes of the
United States vc.st the various federal Judges
with power to punish with tine or Imprison
ment for contempt , and no limitations or few
at least are expressed , so that it is undent *
ably true that every Judge has this power In
Ills hands in matters of contempt , and if one
so far forgets tlio obligations of his pro
vision us to seek to gratify personal feeling
or treat any disobedience of its orders as a
personal wrong , there is nothing in the stat
ute which will stay his baud from the sever
est kind of penalty , but thus far it has been
true , and I trust always will be , that no man
will come into the possession of such vast
power and responsibility who docs not feel a
sense of that responsibility , and by reason of
the fact that to him is given that large power
that ho will bo constrained to exercise it cau
tiously , not with any disposition to
oppress , not with any disposition
to show that ho has the power , but
simply witti one desire , to so exercise that
power as to preserve the dignity of the court ,
and to see that its processes is by everyone
everywhere obeyed. If a party disobeyed
the process by ignorance , uneducated , friend
less , a court would look upon this matter with
consideration , and say wliilo you have dis
obeyed the process. I consider your surround
ings , education and experience , and a inert !
nominal punishment is enough to punish yon
and deter others. If on the other hand the
men are of high standing , with wealth and
power at their backs tlio court could not say :
There is largo power , there is largo wealth ,
there is high iKisition , and a mere nominal
punishment would let them off. Kvery sen
sible man. would say that the court did not
come up to the responsibilities of its office.
That there was moro danger in tills country
from disobedience to the order of the
court by men who felt that they
were baclted by wealth , position and power
than by the poor , ignorant and friendless.
Take , for instance , some of these gigantio
railroad corporations with their enormous
capital and thousands of employes , if the
manager or any of the ofllcers of the corpora
tion should disobey the process of the court ,
would not every sensible man feel that the
court was wanting in its self-respect , and did
not appreciate the responsibilities of its posi
tion if a ringing punishment was not inflicted
so that every man , no matter how high ho
may bo , may feel that the process of the court
is security and must be obeyed and that the
humblest may como in and feel that his rights
will bo protected and no power , wealth or
position can strive against ill Another con
sideration is tins , suppose it appears that the
parties disobey tlio injunctions of the
court from corrupt motives. They want to
make pci'rionul gain and they speculate upon
the chances of milking by disobeying the pro
cesses , they calculate the court will impose a
certain line ami they can make moro wou.oy
by disobedience than by obedience. In a case
like that , would not everyone feel like teach
ing tliem that there is no such thing as spec
ulating on tlio processes of the court by a
ringing punishment Unit they bo taught that
they can never make anything by disobeying
the process ! On the other band if iti > ppear
that tlio respondent acted with no corrupt
motive , personal or official , believing that
under the circumstinccs | there were other
facts which the court did not have cognizance
of , would not tlio court , say , while you have
violated tliis process of tlio eourtr I appreci
ate the fact that there has been no wanton
violation of the process to gain personal ends
and that you have acted from your stand
point of duty , how could n court under those
circumstances bo Justified in going to the ex
treme in the matter of punishment } In this
case It is fair for mo to say , and it is my duty
to these respondents that I say that I am
happily disappointed in what I feared might
bo the fact. I have been very familiar with
many councils in many states , and it is fre
quently , tlio position being one of not much
compensation , yet being one of u great deal
of responsibility and irritation , that many
men go into that council not
looking after the interests of the
public , but to subserve private ends. I have
faced many councils , many of whom repre
sented in their lives , their associations and
their business not the better elements of so
ciety. ' When it was made to appear to mo
that these proceedings were instituted by
gamblers , after as was stated the police Judge
had sei/cd their implements and was putting
mi end to their business , I feared it wouldbn
developed Unit this council would bo like
many other councils , some of whom would
have business connections and social rela
tions or personal affiliations with these gam
blers , and were using their official posi
tions to get out of olllco u
man who was seeking to put an
end to so disreputable a business us theirs , ]
am happy to say , however , from the test ! '
mony that has been given as to the business
of these gentlemen , ns well ns from theii
personal appearance , that I was mistaken it
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what I feared would bo the fact ; that what
ever they did in tlic matter wns not clone for
tlio purpose of shielding and protecting the
gamblers of Lincoln agaiiistproscrution. Of
course Unit hns changed materially tlio
aspect of the case. For , 1 have no hesitation
in saying that if it appeared hero that tlicso
roceedmtis were conducted by those de.fcnd-
iits in ilcllunceof the injunction or restrain-
ntr order served upon.them for tlio sake of
.Molding . gamblers from prosecution , 1 should
Hive imposed such a punishment us would
lave been remembered.
Another matter should be taken Into coa-
klenition , anil that is what circumstances of
xpiatioa or wrong or trickery , funded or
cul , proAoked tlio action which was done. It
s lnimnii nature to resent un act , a wrong
tccompllslicd by u trick and wo must always
; ccoi'iiizo that as a part of our common
niman nature and if parties , whether mis-
aUenly or otherwise , fancy unit they have
jeen tricked into a position where their pro
ceedings are likely to bo bullied , it is not to
bo wondered at that they teel it keenly
ind the court cannot blind its eyes
-o such a matter as that.
Now , in this case , defendants say ,
" do not mean to say that it is true , that
.hero was any delay obtained for the purpose
of seeking this injunctive process , or that
hero was or was not any agreement that
Jver.vtliing would bo satisfactory if a delay
was had , imt they say in their return that
they understood it so and so.und that they felt
mil were smarting under the sense that they
liad been tricked into consenting to a
ileluy whicli enabled tlio parties
ojobtuin this injunctive process. Whether
.hey were mistaken or not is a question.
If they really thought that they were right
mid that they had been duped , they could not
ilo otherwise than feel irritated and smart
ing under that fancied wrong. So tliero are
tlio various things to be taken into a < : -
c < - nt. First , they were acting under the
belief that they had been duped , which as
they say nilnlit permanently bafllo
their efforts. They also acted under
that feeling to which 1 have referred ,
perhaps superinduced by the experience
in some criminal cases in this state that the
federal courts were usurping powers , and
that tills injuiietivo process would practically
defeat their proceedings to remove , if their
net , as I think , not from any dcsiro of per
sonal t-'ainor expectation of reward , or from
any mere wantonness , no moro disposition to
say they didn't care what the court had done
or ordered , they were going to do what they
pleased , but acted upon the idea that they
had an obligation to the people
which they must discharge and
discharge it at once. Tlicso things all go
in litigation. These things all huvo induced
nit ! to feel that I would not bo justified in
imposing any imprisonment. On tlio other
hand , they are gentlemen of character and
position. They represent the second city in
tliis state , us 1 am advised , in wealth , in pop
ulation and in business. They nro the coun
cil ot tlio capital city of the state. If the
court should say that moil occupying so high
a position can disregard tlio process of tlio
courts , what may wo expect from men hav
ing no such b'ackiug of position , respectabil
ity and influence ! Can wo ask the poor
friendless man to obey tlio process of
the court if men occupying positions
bitch ! these gentlemen do , do notf Am I
not i" lied by the very fact of tlio re-
specta ( i.v of tlicso gentlemen , of tlio posi
tion that they hold , to impose such a line as
Khali ho a lesion , not merely a punishment to
them , but a lesson to all. 1 huvo tried to
look at tliis case in all its phases , and , while
I am very glad Unit 1 was mmblo to como to
the conclusion that no Imprisonment should
bo proper , it will bo unnecessary , and , there
fore , an improper exercise of | K > wer , to bend
any ono of them to ] uiH I have , on the other
hand , felt that I could not pass it by lightly ,
ami that I ought to Impose a heavy One ;
1 believe that In so doing I shall benefit
those defendant * , and every good citi/en of
this state , If the size of the line bo such that
wery citizen high or low slmll understand
that tills is a government of the law and that
llio processes of the courts are to bo obeyed
and that every wrong may bo written In the
orderly administration of affairs , and that no
such proceeding' ; of taking the law Jato ones
own hand as was initiated in Chicago csn bo
tolerated anywhere. Three of the&o gentlemen -
men voted against taking up those
mailers. Mr , 1 ironies , Mr. Hurkc and Mr.
Cooper. The line Imxscujwn | ( \ tliom
will be K > 0 each. The mayor had no vole , but
was enjoined front 'aJMJoliiliiig an officer ; ho
had nothing- do with' iho removing of Up )
petitioner. After that removal , was .accom
plished , although the mandate forbade him
to make an uppoiittmonl , I cuti well see how
one might say Unit here is a vacancy of ofllce.
uoi by my notion , I cannot leave the city 01
Lincoln without ( l police judge , and so acted.
Tlio same flue will be Imposed upon him.
Upon the other eight the line that will be im
posed will bo KKX ) uixm each one. Tlio order
will bo that they pay this line and the cost of
this proceeding and stand committed to the
custody of the marshal until it is paid.
Upon the conclusion of Judge Brewer's
opinion , the court room was in a buzz of ex
citement. Silence was immcdiadely observed ,
however , when Mr. Lainbertson , attorney
for the council , arose , and , with Iho court's
leave , made a brief speech in belialf of Coun
cilman Pace , in tlio hope of u mitigation of
his line. Ho recalled to the court's
memory the fact that Mr. Pace
had moved to have the mutter
of counciltminle action hi regard to the Par
son's case laid over for one week , or until
Judge Hrewer could bo telegraphed to and
solicited to dissolve the injunction. This ac
tion of Mr. Pace , Lainbertson thought ,
should calitlo him to lie classed with Messrs.
Burks , Briscoe and Cooper , so far as his line
was concerned. The court , however , failed
to concur in this dis-ulpating view
of Pace's offense , and remarked that
the difference between his case and that
of Messrs. Hurks , Briscoo and Cooper , was
Unit tlio latter three voted for the amend
ment to tlio resolution ejecting Parsons to
continue the whole matter until the 24th ;
also voted for tlio amendment counseling a
deferrment of all action until the federal
court could bo definitely heard from. All
mitigation was therefore denied.
Mr. Lainbertson Ihea asked for a stay of
flvo days , pleading as an excuse that the
tine was u heavy one , and that the defend
ants were away from homo and utlcrly un
able lo arrange for immediate payment. This
was granted.
Judge Uundy followed and in a terse and
decisive way concurred in the opinion of
Judge Brewer.
A summary of the determination ol the
court is that Mayor A. .1. Sawyer , Council
man John M. Burks , Joseph / . Briscoo and
Joseph Cooper pay a line of $ . " > ( ! each , and
that Councilmen L. W. Billingslev , Wilson
C. Brock , L. C. Pace , Hubert B. Graham , V.
A. Hovey , ( Iraiiville Kuslgn , Joint Traas , H.
11. IJean and John Uailoy pay a line of t < 100
each , and be remanded to the custody of tlio
United States marshal until the same is paid.
Klill later tlio court , upon further consider
ation , decided to remit the lines of L , O.
Pace and 1C. II. Dean from &HH ) to j..0 upon
the grounds that these two had voted against
the ignoring of the order of tlio court.
Till : ITKI.IXO IX LINCOLN.
LINCOLN , Neb. , Nov. 1S1. [ Special to
Urn BII : . ] There was an unusual de
gree of excilemcnl in Uiis city to-day , when
the news of tlio decision of Judge Brewer
against tlio council was received , and the
expression was practically unanimous that
the lines were uiiwiirrunled in Iho fuels in
the case , and the expressions In favor of
standing by iho council were common in Uio
business circles. Tlio public generally en
dorsed Iho action of the council when it de
clared the olllce of police judgu vacant on the
hearing of facts against them , and when tlio
Injunction came through Judge Brewer re
straining the council , the citizens again en
dorsed the action of the council in not allow
ing Ihcir verdict , against the police Judge to
bo overruled. The lact that the dojioscd
judge and his attorney , when they pleaded
ami begged the council for u week's delay ,
staled Unit Ihey did not ask < delay lo impede
Iho case and then wcntdiroctly to the federal
court for an injunction lo put the case off
three months , made public opinion all with
the city council , and it will remain there ,
onlj intensified ,
Knleriaiiicd at Dinner.
Yesterday afternoon at 1 o'clock the mayor
and common council of Lincoln were enter
tained at dinner at the St. Cloud by Presi
dent Bechel ami Couueilmen Bailey , Manville -
villo , Lowry and Lee. The entire party sat
at ono table whicli was tastufully adorned for
the occasion. Tlio menu was superb and Iho
fciist was greatly enjoyed by all oftliosolons.
Dlstrlot Com I.
IWr.CTMKST ' CITS.
Tuesday nflernoon Dowll C. Sulphcn ,
Charles I ) . Sutplivn , Jnsepti T. lrqko and.
Byron Heed , as pluin'UITs , entero'd eiyht cpr
itralo siot'iuns'in eji/Ctm / < .i.i.t a'guiiiikt fr I-al-sen ,
I'railk pauicW , Frank -KrOpek , . .OJsen ;
Frank Scvcrcn , FrankIToiichcr. .Too Bows
and George W. Skinner. The plaintiffs set
forth that they hold a legal title to a parcel
of land north of the southwest corner of lot
No. 8 , in section SM , township 15 , and they are
restrained from possession by the defend
ants. Immediate possession or u Judgment
for the full value of the property is asked.
HI.UE I'LKADS OU1I.TY.
The case of the state vs Charles Blue ,
charged with assault to commit rape on the
person of Bertha Kosentlml , was the lirst
ailed yesterday morning. Blue was allowed to
plead guilty to tlio charge of assault and bat
tery and was remanded to await seiiteuce.
rOHOnil OLIVKK PLDAIIS 01'H.TV. '
The missing witness for the slate Mrs. K.
C. Smith lurned up yesterday morning nnd
Henry Oliver was brought into court. Judge
Grofjf appointed an attorney to defend him
and the impaneling of the jury began. Bb-
fore it was completed , however , Oliver staled
that ho wished to withdraw his former plea
and enter ono of guilty. Mrs. Oliver , wife of
the prisoner , was in court , and completely
broke down. Her grief was simply terrible
and moved many of the spectators present to
tears. Even the court was visibly affected.
Mrs. Oliver is a very pretty woman , appar
ently twenty years of ago. She bears an un
blemished reputation. She was accorded a
long Interview with her husband la the sher
iff's oftlco.
STT.Vr.NSON'S CASE.
Tliero is every reason to bcliovo that the
fugitive will bo captured soon. Ho Is lo
cated , and the officers expect a telegram
hourly from Kansas City announcing the fact.
Stephcnson , in company with two friends left
this city Monday night over the Missouri Pa-
cillc for the village at the mouth of the Kaw.
Ono of the trio purchased the tickets , and
they are known to have readied their destin
ation Tuesday morning. Messrs. Hill and
Flatiery , Stevenson's bondsmen , have offered
u reward of $100 for his capture.
A lUmOLAll'S T1IIAL.
The case of tlio stale vs Al Williams against
whom there are several informations charg
ing him with burglary is occupied Uio atten
tion of JudgoGrofTycsterdiiynflernoon. The
conviction of Williams seems to bo assured.
ItOlinilS ALI.nOGt ) CKI'KI.TV.
A petition for divorce was filed yesterday
morning by Klizu Ami Hogors against her hus
baud fieorgo W. Hogers. The defendant is en
gaged in the composition and gravel roofing
business at liiflri Mason street and resides at
817 Leavenworth. Ho is a man of consider
able property. Mrs. Hogers states that she
married defendant fourteen years auo in
Hayesville , Iowa , < iud has resided in Omaha
for thirteen years , She alleges that her hus
band on many occasions has subjected her to
Uio grossest indecencies and his cruelty has
been.positively hellish. Ho lias beat her and
brutally kicked her and in fact made her life
ono of continued torment. * On Saturday ,
Nov. lit , ho knocked her down and after
wards kicked her. This was the lust straw
ami taking her nine year-old daughter
Mrs. Hogers managed to cscapo and
since that time has been stopping
with friends. She prays for a di
vorce , the custody of her ono child , alimony
and that Uio defendant bo enjoined from in
terfering with tlio child during the pcndancy
of the caso. Mrs. Hoger's attorneys aio
Messrs. Simcral & Hoddiek.
S.-.Miuol ( ! . Damon brought action yester
day against John J. Solomun to gain posses
sion of a certain piece of land in lot 5 , block
M , In the city of Florence.
U. 11. Bickel & Sons tiled on action against
Charles S. Biggins nnd Dan Delaney in the
sum of $11U , with Inlcrest from the fltli day of
July , for bricks rurnUhcd Uio defendants.
Ora Cunningham , the administratrix of
Martin Cunningham , who received injuries
from which ho died , by falling from n high
grade nt Twenty-seventh street , brought
action against the city of South Omaha In Uio
sum of WOW > .
Adella Taylor sets foith In her application
for a divorce from her husband , James Tay
lor , and the possession of their four children ,
aged respectively ten , eight , six aud three
years , that she was married to him in 1S > 77 ,
and that three years ago ho left her , since
whicli time thdy have lived apart.
Kgbcrt 1' . French Hied an action against T.
II. Gibson , E. Aylcsworth and Charles P.
Benjamin , praying judgment with interest
oil a promissory note amounting to $1,071.S. ' .
A. W. Niicon appears as defendant in an
action brought by Egbert E. French , fis.king
Judgment on atu-omUsory note amounting to
* 1,737.S4 ,
XUUAIU'S TIIIAL SJT (
Thollaradu-'Dclier murder trial comes up.
before JudgC'lJuudy next Tuesday
Display at tholr warerooma , 1 SOS and 13O7 Farnam Street ,
the largest assortment of Pianos and Organs to bo found at
any establishment west of Chicago. The stock embraces Iho
highest class and medium grades , including
STEINWAY
FISCHER LYON&HEALY , , PIANOS
BURDETT ,
ORGANS STANDARD ,
LYON&HEALY
Prices , quality and durability considered , are placed at the
lowest living rates for cash or time payments , while the long
established reputation of the house , coupled with their most
liberal Interpretation of the guarantee on their goods , affords
the purchaser an absolute safeguard against loss by possible
defects in materials and workmanship.
LYON & HEALY ,
1305 A 1307 FARNAM 8TREBT *
Omaha Medical and Surgical Institute ,
N. W. Corner of 13th and Lodge Streets ,
Fortlie treatment of nil CiuiuNic HIM ! PI'iiOK'AI ,
DlNEASKS llltACKM. AI'I't.U.NCCS lor HKI O1I.MITIKH.
andTHI's'sbS.- facilities , niiparatii. ana leinu-
illes for suoceHiful trentmenl ofiirury lorin or ( tin-
cam requiring.Merili til or Mtrglcal treatment , Knlll V
NKW IMMIMH lor I'ATIKNrs IIKHT IKIXI'I FA I. AC < IIM.
MODATIONK In the west. Wrltn lor clruilar * on li -
fnrnillle , nixl llruccti , C'lutt Feet , Ciirvnturt ) ot Iho
hl'lne. ' IMIcs , Tuiuorn , Canier. Catiirrli. llrnnchilli. In.
lialntlun , KlectrU'lty , l'Hr lyrin. Kiiilc'iny. KKinnjr ,
IIInUiliT , Kje , Kur , Hkln. uml Illooil nml all mirxleni
oiieratloiis. li.KASf ) < ol WIIMKM a M'r.ciAi.TV ,
HOOK on lll i'n c of Wuinen. I'lirE. Only relliitilo
medleul Intlllute makliiK u mcciHlly n | I'lllVAfK
IHhKASLH. All Moiiil tlui'iihc * Macuvrlunr IroaliM.
IVrsdMJ unable to visit u > trmtcil at honiu by conn-
tnnllilentlal. Mi'dl-
Hmmlcmc. All coiiniiuiilratli > n
rlhPKorln trument ent ny inaiiore | ire H. eeuiely
< ir < * emler Ono
packed , nu marks td intllcale iontcntH
piTKinnl Interrlen preferred. Call ainl cunsiill ui. nr
cend liUtory of ) our rate. urnl wo will tenet in plain
wnppttr , our HDOK 10 Mts : Hit.Kupon I'nvate , bpe-
clnl unit Nervous ll ) ea c , etc AitilreM.
Oiiiiiliii Medical anil Surgical Institute , or
Dr , McMenamf , Cor. . 13th ind Dodge Sts , , Omaha ! Neb
Owlnclntlio rapid growth of Omaha andoursnc-
fess In effecting e'iret , our biiHlne s IIHS beeonio iu
hullSrnk'.und ln ve now HIM arisen and mwl tow
! le u Me llcal Inttltutu or lii | | riii the we.l. Korty
iinwlr turiiiilieU , well warmed mid ventllHtc < l room *
ES"ffi/v ? ; ! , ci ine' '
Sffi Ju maor f U.e . , .
iufuical operatloni , Kiul mir intf iwiirnii wmni cone
Mned wUn our Bcki.owl lid ! uMllty , oiii-rieiiic | ; ,
. . and reputation ( ihoiiWmukiMhM Uumhu
JlJa c l nd i Surs l l iRtWut * the Br.t cut-lte. -
Dm Old llPllalilu > > | icrlall'it ' of ninny yenrn' oi
vn t , tri'iils wilhoiiilcrliil KIK'IM'II , nil I. NO ,
TIIHOAT. I AN ( | . ; | | , I'll.lIS. I ISTI
DllnTIID C ' "red lthont pnin or liliidranca
HIII I II Mr iK'NitiuMiicM. ' AIM'hronle Din-ase * ,
IIUI I UIIU
tarlnnduiiKp ol any Innlltiillon In
tlilHcountry Tli"1" ' " ' " ' coiiteinplaln uolin ' , In Hot
CprliiKH lor Iliu treatment of any ITIMitu ur Illond
discuM' cnn l > cured fur onu-tlilrd tlio cost at uur
Tuvalu DttiL nsary.
I iniCP Hy In' treatment n 1'uro , Lovely Cnm-
LANIriS pfcilon , free from rnlluwneM , Irei klew ,
bnuibu Liniklipadi. erunllons , etu. , brllllunt
Iromi ty cu " m , IHoBlliiK ll. ; diii liiNITV U ; JTui-
f-onontt Dfbilltv , h i'i' | oHnnrKt , Dcprt'ftlon
HtHiiiii
VIM Vl , ie hoi . Of arlin iroullfi , liinimnatl , , , , and
iilclfrilloii. ratlliin and IIIP.I.IK. . pnieiit. . N'lrm { weak ;
rp > . Kldiier cuiudalul | > and Cliunuu ol Mle , Comult
Iho old l > o < Mor
r\ir Ilin [ "ID Acute nr CliroTilo Inflammv
rir ANN rfln t " " " ' ' ! " | ' : y"lr | { > r l.illil" )
L I L HIIU Lnll „ , „ ! . - ,
Infpnlon of tint l.l'l . Hcrotitloin ! < ) " < I'lli'Mllou * .
" "
li""imuo ! ! , . Ah . , : . . Illume. , ol Vi.lou ot one u ,
bWr , ' . , : ± SrSriB5'li , ' 'r. ' LlmAon nt Catarrh
luVrnal or Kulernnl li'alni' ) i. or I'arulyslJ , blniilnij
or Uoarlnu nui e Tlilekeiiiid I'rum. ' etc.
IM.Illty.lxiMof Vltiil I'owor. Sleep-
l i neni , DeniiniKlunPjr. I/J " of
.Memory , < ; onfu lou of Ideal , Illuri
lor Study or lluMnosa , an liu ure , .
I'erin.ncnlly and I'tlvutcly Cured. . , ,
BLOOD AND SKIN
mi. Pains In tlie Head nrt.1H nv".tiJ' ' | ' | , 'o '
. lilandu ar I. " " * " ' " ?
!
Throat , Mouth un.l TOIIBIIP , { ;
of Iho ftpr k , IthoummiHU , liiitiirrh , l.tc , I tnuautsu * '
| y Cured When oihfiit llafii Kailed. . . . -minntla . !
Consultation fren and strictly c <
Meillclnu sent free from observixtl - to " " J'l ' J
- . " ' ' * ' .ffil
or the 1-nlte.l . StatoM. . Corrusj.o .
No letters i " ' ' ? *
prompt attention. % {
. l four routs lu ' ' JiioS
nccoiijpiinlo.1 cento In stumps > y for pamphlet an < l list of qnos.
am-
. uuU nwnuua
tiousiipon private , spoi.Ul
' Tenus strictly cart. Call on or a.Wress ,
DR. POWELL REEVES ,
No. an South 13th St. . Omaha . NU
ir. j.
Surgeon and Physician.
Ollico.N. W Cunier IUU uud lou ( < lai * St. Qnice. '
- - 1 dvuvi ) U-ltpuyue , OC4.