"T / i T f * r t * \ it- " * * '
THE OMAHA DAILY BEE : "SATCTKDAY. MARCH 1C , 1889.
LINCOLN NEWS AND NOTES ,
Paator Mlnohnrt's Trial Drawing tea
a Clooo.
SOME DAMAGING. TESTIMONY.
Vcstcrdiiy's Proceeding In the Dis
trict Court Articles or Incorpo
ration Klloa With the Sec
retary of State.
LINCOLN Btmiuu orTnu OMAHA. Use , I
1029 P SraBRT , }
LiNCGWf , March 1C. I
The trial of Pastor Minchnrt nears
Its closo. The charges are persist
ently pressed , and the clouds certainly
deepen nrouud nnd about him. Ho
nervously awaits the answer to every ques
tion that tends to pin him moro closely to
Iho cross , nnd now nnd then is the picture
of nnxloty ; but , considering the pressure
brought to bear against him , ho holds up remarkably -
markably well nnd his cross-oxnmlnntioa of
witnesses Is not without pertinency and
effect. It is now apparent that the sym
pathy of the vast audience in constant at-
lendanco is with the church rather than
with Uio preacher. This tldo can only bo
turned by the most emphatic , direct nnd
convincing ovldcncc. The prosecution has
concluded the testimony on the charge and
tpcclllcutlonu of "dissension. " The wit
nesses , however , now give testimony regard
ing all the charges in the order made ,
and when tlioy , or nny of them ,
leave the stand , the record of all. they know
regarding tlio charges has been made by
stenographers. Yesterday Messrs. Moore ,
Hotelco , Fowler nnd Grecnlco wore on the
Btund. To-Uuy Messrs. Greenloe , Straw-
bridge , Kor. Davis nnd Dr. Crcighton bore
testimony in the order nnmcd. Some spoke
disparagingly of his conduct ns a preacher
nnd pastor in nnd out of the pulpit. Othets
told of deception nnd things that bordered
on lying. But the story In detail mnttcrs
littla. Sufllco it , tlio testimony thus far
given Is dnmnglng to Minohnrt ns n man and
ns u preacher. The opinion seems to prevail
that the charges profoircd , nnd published by
Tim BEI : , have been substantially proven ,
nnd to say that the testimony as given is
damaclng is not putting it strong enough.
But it is suggested that public opin
ion sometimes changes , und that
greater miracles have been performed
than the vindication of the erratic
preacher. It is said that the testimony for
the church will bo all in to-night and if so
the dofonRO will commence to-morrow.
Fric'ids of Minchnrt , outside of the church ,
stay oy him almost to n man. They think
and say that he has been much abused. The
fiat from the "world" Is much more general
than It would seem from casual observation.
Ho Is esteemed as a neighbor. The hardest
thing said of him oy outsiders is that ho is a
crank on the subject of sunctiflcalion. This
Is certainly the center nnd circumference of
bis trouble , and the charges of dissension ,
lying , deception , brow-beating , conduct un-
occomlng n minister nnd pastor and the dis
semination of doctrines incompatible with the
doctrines of the Methodist Episcopal church
nro all traceable to it. Minchart tried to
"crum" bis peculiar theories , and
his membership who think for them
selves refused to stand it. and the meeting
in camp commenced and ripened into a
church trial that shakes religious circles
fore nnd nft. The testimony of Rev. Davis
nnd Dr. Croighton disturbed Minobart con
siderably. It was evidently unexpected.
This referred to the actions and doings of
Minchart at the last quarterly meeting at
Grace church , the story of which is familiar
to Tin : I3EF. readers. The accused is no
longer in doubt ns to how his actions wcro
viewed by the witnesses last named. Their
cross examination was rather inspired , and
the sentiment was strong that Minohart got
the worst of it in the wind up.
District Court Mnttcrs.
The Jury in the case of Howe vs Stevens
Bros. , found for the plaintiff , nnd nssossed
the damages nt $0:35. : Thus ends ono of the
most closely contested cases of the session.
The case on trial yesterday afternoon and
to-day" is. that of Leo. Fried & Co. , of
Omaha , vs Henry Brugmann nnd others.
The action Is to recover on three promissory
notes of $300 each , und ulso on an individual
note of Brugmann of $1,300. The et ; il m
the cnso is Mr. Jacob Rocko , who signed the
$300 notes , ho says as surety , tlio plaintiff
says ns joint maker. The plaintiffs arc in
the wholesale hardware trade , and when Mr.
Urugmunn was in the hurdwarclbuslncss ho
dealt with them. Two of the joint notes had
been paid , but plaintiff still claimed on the
whole number , because they alleged
the payment bad been inado out
Of nsHots wbirh ought to have gone to the
discharge of .the Individual notes. The de-
fcnso was that notes that had been once paid
ought not to bo paid again ; and further that
Mr. Rocko was discharged from all obliga
tion for the reason that the plaintiffs had
taken a mortgage as against Brugmann's lia
bilities , nnd had also shared in a partial pro
ratu of Mr. Brugmunu's stock , The case is
still on trial and will hnrdly conclude to-day.
This Is a peculiar case nnd attracts considerable -
- able interest among the members of the Lan
caster county bar. It is n fight pro ard con
lor all it is worth.
State Incorporations.
Tlio Nebraska and Western railway com
pany filed articles of incorporation to-day.
The purpose of the company Is to build , con
struct and opurato n railroad In the stufc ,
pursuhnt to nnd In conformity with the sev
eral provisions of Its laws. Section three of
the articles recites that the terminus of the
road shall bo nt or near the town of Coving-
ton , Dakota county , and it point ou the west
ern boundary line , between the foity-sccond
nud forty-third parallels of latitude , passing ,
or to pass through tlio counties of Dixon ,
Cedar , Wayne. Pierce , Antelope , Holt ,
Whooier , Garfiold. Loup , Blaine , Logan ,
Thomas , Grunt , 15ox Butte , Cheyenne ,
Brown , Custor , Cherry , Knox , Sioux , Duwcs
nnd Sheridan , or eucli of them as tlio line of
the company's road shall finally bo loc.Ued
In. The authorized capital Block is $10,000-
000 , which is divided into 100,000 , shares of
the par vuliio of $100 each. Fifty
years is the tenure of the corporation ,
commencing March 10 , ISS'J. Following arc
the incorporators : John Pierce , William
Gordon , Craig L. Wright , Charles Whit and
John Hornlok. Tlio ring of the articles in
dicate that this company means business.
The Western Engineering company filed
amended articles. Koarnoy. Buffalo county ,
is the principal place of business. The capi
tal stock now nuthorl/cd is $100,000. The
company will terminate its existence Feb
ruary 17 , 10b9. Electrical engineering , con-
trnctinjr , manufacturing , buying , soiling ,
owning , orovting , maintaining and operating
electrical appliances is declared to be tlio na-
turn of the business of the incorporation.
Tlui incorporatora are E. P. Holmes , J. G.
"While , D. Cluckson and W. F. White.
Contract * * Awarded.
The board of public lands and buildings
opened tlio following bids for the construc
tion and rquipmont of the boiler house , en-
cine house nnd stack nt the nsylum for the
intmtio this afternoon ut ! ) o'clock : W. B ,
Huirhfs , $11,077 ; Price & Shoemaker ,
fll.OOO ; SwcotitCo. , * 12.2ii ; ) ; John Luyno ,
tW.tllO ; Jacob Bush , $12,55-ii D. B. Howurd
112-iOl ; Coffman&Hnpotiiio , $14,3(0 ( ; Krone
&Stockwell , S11.8S3 ; Jap Johnson , * 12WOi
Lunlitim ft Chowlns , 112.785 ; Charles A ,
Bncot & Co. , $11,840. The contract was
awurdcd to Price & Shoemaker , the lowest
bidders ,
Complexion powder is nn absolute ne
cessity of the re lined toilet in this cli
mate. Po/onni's combines every cle
ment of beauty nnd purity.
Alter Home l < 'iii'iiltitrr.
Ann Trice scoka ta recover a quantity ol
household furniture , now in possession of
John aud Hannah Mossott , and has secured
a writ of replevin from Justice Kroouer ,
The furniture originally belonged to Mrs ,
Edwards , who was almost Blabbed to death
by her husband last November. She ut
present resides with Mrs , Trico. nnd gave
her a bill of sale for the furniture , but as the
Mossults claim she Is iudubtod to tuuiu they
refuse to surrender it thu writ was accord
ingly issued , returnable to-day ,
Unllko the ladles of the cast , American
ladloH veil themselves in bo seen , hence the
popularity of the "Hollo" June Hading Veil
ing , Sold by ull dry goods stores , We a
yard , up.
STATK AND TEIUUTOHV.
. Ncbrnxk'n Jolting ,
Baker post , G. A. It , of Columbus , tins a
membership of over fifty.
The Urolccn How Canal company lias per
fected a permanent organization nnd elected
ofllccts.
Frank McCann , who Is wanted at Plixtts-
mouth for forpcry , has been arrested nt Kan
sas City.
Crawford's boom 1m * resulted in the vll-
laeo bnstllo belnft na well patronized as thai
'ending hotels.
H. M. Hopowcll has retired from tl)0 ) edit
orship of the Tcknmah Hurtonlan nnd has
boon succeeded by Hoon & Ott.
* Broken Bow now has two dally papers , the
Leader hnvlnp blossomed Into nn afternoon
ihcctof very crcditablo proportions ,
Articles of Incorporation of the West Boa-
rlco Division street , railway company have
been Hied , with a capital of $100,003.
An olovntor with u capacity of 1 1,500 bush *
oil has Just been completed nt Monroe , n
ono-month-old town In Platte county.
A resident of Exeter named Johnson has
completed the Invention of an automatic
chock-rower nnd has applied for n patent ,
Negotiations hnvo been commenced for the
erection of a now brick hotel at Ulysses to
tnko the place of the lloed house , recently
destroyed by flro.
V hundred dollar flno has boon Imposed on
Thomas ICnstiior. n Nebraska City wlfo
beater , by the authorities , besides u sentence.
of thirty days In Jail.
A. W. Clnrko of Paplllion has offered n ro-
warn for the arrest of William Brandt , who
obtained money on 2,000 bushels of corn
which ho did not own.
Oliver Scott , ex-county commissioner of
Polk county , died at his homo in Osceola on
the 12th lust. Ho win ono of the very llrst
settlers in the county and was a veteran of
the war.
Asa Johnson , ono of the early settlers ot
Fillmore county , died recently otter nn ill
ness of fourteen weeks , during which time ho
was unnblo to tulco any nourishment , and
finally succumbed to starvation.
Ono of the workmen who helped build the
Methodist church nt Strung has commenced
the foreclosure of a mechanic's leln in order
to secure pay for his labor , Uio contractor
having failed to satisfy his claim.
A Clay county young man named Foresail
became so madly smitten with the charms of
a MisSamuclson that when the younf ? lady
rejected his suit ho stopped from her uros-
enco and shot himself , dying instantly.
Mr. John HolsItiRcr , n resident of Hamilton
township , Flllinoro county , accidentally took
a dose of corrosive sublimate for quinine re
cently. nnd nftcr llvlnc a week in horrible
agony , died from the effects of the poison.
A tramp named George Johnson entered
the hnuso of the watchman of the Platte
river bridge nt Plattsmouth nnd walked off
ivltli a quantity of valuables. The railroad
men pursued the thief on n hand car nnd
caught him and ho is now in Jail awaiting
trial.
trial.Wnltcr
Wnltcr Robblns , a young man working on
a farm near Ellis , has been nrrested by Spo-
ciul Agent Thompson of the Uock Island and
taken before the county court at Beatrice on
n charge of stealing railroad tickets from the
depot at Ellis , January 10 , last. Ho pleaded
purity nnd was bound over to appear at the
district court.
_
luwa.
Fnmnlo shoplifters arc giving Cedar Rapids
merchants lots of trouble.
The contract has been let for the now § 30-
003 postolUcc at Ottumwa.
There nro sixty-eight pupils attending the
collegiate institute nt Fort Dodge.
About ono hundred nnd twcnty-flvo dele
gates attended the annual convention of the
Legion of Honor at Dubuquo. „
The grand Jury of Jones county , nftcr a
two weeks' session , returned several indict
ments ngniust holo-in-tho-wall saloons. *
The sociotlcs of Christian Endeavor of
Dubuque , Delaware , Jackson , Jones and
Linn counties will hold their third annual
conference at Anamosa April 2 nnd 3.
Prominent workers are expected to bo pres
ent
The farmers of Badger , Webster county ,
are determined to have n modern creamery
if they have to organize a co-operative com
pany. They would prefer , however , to have
a good , practical man establish one as a pri
vate enterprise.
William Crouch and Sherman Wilhelm are
lodged in jail at Muscatino charged with an
attempt to murder Gcorgo Albrand nt Mos
cow. During a raid on n saloon by a party
of masked men Albrand tried to look into
their facoj , when ho was shot in the arm ,
severing an artery. After thus shot lie was
struck m the breast by another ball and n
third entered his abdomen.
Dakota.
Doland is to have an artesian well.
The Aberdeen club Is to build a $5,000 club
bouse.
The Wosslngton seminary has closed Its
winter term .
Mitchell has the base ball lover in its most
virulent torm.
There were ninotccn arrosts.for gambling
at watortown ono day last week.
The real estate transfers in Sully county
last wcolc. amounted to ? 1D,13G 87.
The Yankton association of Congregational
ministers will meet at 13ou Horarno April 17.
Since October fifty-three now houses have
boon built in the vicinity of the penitentiary
at Sioux Falls.
The Sherman house at Aberdeen has boon
designated department headquarters for the
coming U. A. U. encampment ,
The Ipswich Gazette contains the follow
ing society item : "The Russians have been
running a live days' dance in ono of tholr
palatial residences south of the lr.uk. They
have a band composed of two clarionets and
a drum. They expect to bo very mock and
sober during- Lent and are letting off a Httlo
steam and taking in a little boor. "
Extraordinary
"Itspoms to rae , " remarked ono of
our citizens the other day , "that physi
cians nro allowed extraordinary license
in the manner in which tlioy juggle
with the welfare of their patients. "
"Now hero is Dr. - , who was at
tending Mr , - up to the time of his
death , and If ho treated him for ono
thing ho treated him for adozen dilTorcnt
disorders. First the doctor said pneumon
ia was the trouble ; then it was consump
tion. Then tho' patient was dosed for
heart trouble , and soon until just be
fore ho died it was ascertained that
disease of the kidneys was the real
trouble , aud that which had been at
lirst treated as pneumonia , consump
tion , heart disease , etc. , wore but the
bymptomsof kidney disease.
"But then it was too late.
"This is only ono case in a hundred ,
and I am beginning to lose faith in the
doctors altogether. In fact I haven't
hail any need for their services
since I. began to keep Warner's Safe
Cure in my house , a little over three
years nyo. Whenever i fool a Httlo out
of sorts I take a few doses of it , confi
dent that the source of all disease is in
the Icidnoys. whioh I know Warner's
Safe Cure will keep in good order , and
will eradicate any disease that may bo
lurking thoro. Had Mr. - followed n
Bimilar course , I have no doubt that ho
would ho alive to-day ; but of course all
peonlo don't think alike.
"Ono thing is certain , however , nnd
that is that the doctors are allowed u
little too much freedom in the way thov
have of pretending to know that which
they really know nothing aoout. If
they don't know what is the real trouble
with the patient , they should admit it
and not go on nnd experiment at the
cost of the patient's life. "
CUA.VKL AND VAN ETT12N.
Buljcct * Attracting the Attention of
the DlHtrlm Jmltto. 1
Sand and gruvol uilxod with concrete and
hot tar form the basis of n racy litigation in
which Judcro Doano and u Jur.v nro now on
gHgcd. The suit wus occasioned by A dispute
puto over to ! price of gravel used in paving
the streets of Lincoln. Vun Court figures
as plaintiff , while on the mdo of the defense
arc arraigned H. F , Clark , Fred W. Graj
and Hugh Murphy.
Judge Hopowull made a ruling In the ruse
of Stein vs Bernstein , 011 motion to set usldo
n Judgment obtained In the Justice court by
default , during defendant's nbsoncc. The
evidence showed that considerable fraud was
> orpotratcd , The motion was overruled.
The Ballou-Shorwood controversy Is bo-
'ore Judge Wnkoley. As stated heretofore.
, ho case is brought by Ballou to compel
Sherwood to exchange his Polnco Atnblcs
'or certain real cstnto property , the amount
nvolvod being $100,000.
Van Kttcn against Butt , is the tttlo of n
suit on trial In Jndgo Graft's room. The mo
tion of Van Elton for n change of venue in
nil ins cases was overruled , nnd the court
compelled him to go to trial.
The suit for libel brought by Joseph Miller ,
county Jailor , against G. M. Hitchcock , has
been set for trial on the 20th of March. Ono
of Miller's attorneys stated that some of his
witnesses nro In the penitentiary. Whereupon -
upon Judge Doano humorously Inquired
whether ho wanted thorn put under bond.
The county attorney has arranged to try
Ho so Anderson next Monday , Louis Burg-
lioff Tuesday nnd William Kobe Wednesday.
In the case of Nathan Shelton against John
0 , Gladden nnd John F. Coots , the Jury dis
charged the liability as to the last named de
fendant , nnd rendered a verdict for (1,000
against Gladden.
Elizabeth A. Roberts commenced suit for
divorce from her husband , Frank A. , on the
grounds of oxtrcmo cruelty nnd brutality.
They were married in this city four years
ago. The wlfo also asks for the restoration
of her maiden name , Elizabeth Ann Ed
wards.
M. E. Free sued Low Plxloy nnd others
for (120 for the furnishing of steam heating
nnd plumbing In n certain building.
James T. Huston filed n blllntralnstGcorgo
A. Crancor to foreclose a mortgage n lot
in Patrick's ' addition , upon which Is duo S21U.
The Jury in the case of Charlotte Smytho
against Fred W. Losscntino nnd others gave
the plaintiff a verdict for $237 yesterday.
The case of Henry Rlchtur against Abrn-
imm Roscnburg , a suit brought to recover
S10OOC damages , was taken ui > before Judge
Hopcwoll. The plaintiff : is a carpenter and
was employed by Rosoiiburg. a contractor ,
on Uio construction of building nt Seven
teenth nnd Davenport streets. While nt work
on Nov. 4 , 1S37 , Riohtor was injured by
brick nrch fulling on him , crushing his chest
nud breaking his right log. Ho claims that
the accident occurcd through the nogligcnco
of the defendant. Hlchtor now claims to ba
permanently disabled from work nnd will bo
a cripple the remainder of his lifo.
John F. Final commenced foreclosure pro
ceedings against William A. Brown , Charles
L. Blazer aud others on n lot in Bedford
place. The plaintiff claims the defendants
arc indebted to him in the sum of $070.
A bill to foreclose a mortgage on a lot In
South Exchange place , South Omaha , was
filed ngalnst P. 1C. Young nud others by Nor
man A. Kuhn , On the mortgage there is
350 due.
County Court ,
The foil owlug Judgments wore rendered In
the county court In favor of the plaintiffs
in each case : Burmolo vs. Johnson , judg
ment for $ .510.20 ; Simmons ct nl. vs. Pollock ,
for $001 ; Word vs. Fisher Printing company ,
for S030142.
Christ H. Frcoknl was appointed guardian
or Otto nnd Nolma Wllllbooso , minors.
Tito will of Daniel Sullivan was illcd for
probate yesterday.
Our charming country women are not
only acknowledged to be among the
loveliest Of their sex , hut capital cooks.
They declare unanimously that Van
Du/.or's flavoring extracts uro the only
ones that impart to pies , puddings ,
cakes , etc. , the genuine flavor. Why ?
Because they are made from , the llnost
fruit , without any doubtful aid from
cheap and hurtful chemicals used to
stimulate the real taste. Grocers ev
erywhere sell those extracts.
THE BREACH OF BKEECHES
Seems Now to bo Beyond. Hope of
Settlement.
A somewhat voluminous correspondence
has bceu carried on between the striking
Journeymen tailors and the Merchants Ex
change during the past two days.
Thursday the exchange sent the following
communication to the strikers :
O.M.UH , March U , 188& . To the Tailors'
Union Gentlemen : Wo herewith submit
the enclosed agreement , by which you will
see wo propose to pay the bill of prices sub
mitted by your union , on the condition that
the agreement bo signed by both our so
cieties.
This is our firm stand , and all you can rea
sonably expect , as we have agreed to pay
your prices.
THE MEUCHAXT TAII.OHS' ExciiANan.
ED. WILLIAMS , secretary.
AOIlriEMUNT.
This agreement , made and entered into by
nnd between the Merchant Tailors' ex
change of Omaha us party of tno llrst part ,
and the other slcrncrs thereto as parties of
the second part.
Witnessoth , That whereas it is mutually
desirable between the parties hereto that a
definite agreement and understanding bo ar
rived at us to their business relations ; and
whereas , there having been mutual objec
tions as to the toner and character of such
relations , it is intended hereby as far as
practicable to bring any and all former mis
understandings to a close , and to define pre
cisely what each party may expect , in their
relationship aforesaid.
It is therefore agreed that the said party of
the first part will pay to the parties of the
second part the bill of prices as presented by
themselves.
It is further agreed that said party of tUo
first part shall and will receive no dictation
from the parties hereto , or any of them , as
to its policy in managing and controlling its
business , nor bound to consider any nus-
gcstions or proposals made in that behalf by
parties hereto.
If cither party hereto shall in any case feel
nggnovcd , no strike or waluout Is to follow
therefor , but the said grievances to bu de
cided nnd adjusted by arbitration.
The arbitrators shall consist of three duly
qualified , experienced and impartial men ,
each of the parties hereto to choose ono ar
bitrator and the two so chosen are to solcct
uthird.
Their decision shall bo final nud the parties
hereto will abide thereby and such grievance
thereupon corroded.
Witness our hands tills day of March ,
1SSO.
1SSO.This
This morning the journeymen replied as
follows :
To the Merchant Tailors' Exchange Goal
tlomon : Your communication of yesterday
was road and considered In our meeting last
night ; but as you will only sign our bill of
Irices with conditions , and ns wo have
agreed to work only ns free men without
contract whatsoever except our bill , I was
Instructed to again inform the Merchant
Tailors' that the of
Exchange agreement yes
terday was rejected , and wo will not return
to work unless your signatures ba attached to
our bill without any contract , and ns wo huvo
been working five years without any ngree-
ment und no trouble has arisen In that time ,
wo believe wo can work in the future under
the same conditions. Very respectfully ,
By order : J. S. YOUXGQ.UISTV , Secretary.
Upon receipt of this tlio Merchants held a
meeting und agreed to this reply :
To ttio Tailors' Union Gentlemen : Slnoo
you have seen fit to rojoot our last proposi
tion , in willed wo conceded all you nuked for
In the way of prices , and reserved the ono
privilege of running our own business , wo
hereby withdraw nil offers heretofore made
your society.
Tim MUHCKANT TAILOUS' EXCHANGE ,
FUANIC J. lUiian ,
GUCKEUT & MC'DONALU , \
HKLI.V & TnoJirsoN- ,
ED U. WILLIAMS.
The merchants say this Is the ultimatum ,
and that hereafter they will refuse to recog
nize the union , and that the only way they
wllltukutho.men back will bo under the same
conditions that they would employ a non
union man.
Do as you please when you please to
do right ; nnd you will always do the
proper thing in taking Digolovv'a Posi
tive cure tor coughs , colds , nnd nil
throat and lung troubles. Pleasant to
take aud speedy cure. CO cents and $1.
Goodman Lrug ) Co.
"Wuluahlos. "
Otto WICKS , who lives on North Twenty-
second street , birod a drayman to take his
trunk to the Union Pacific doput Thursday
and since then he has seen neither hU trunk
nor the drayman. A warrant baa been is
sued for the urrost of the johu.
Pears' is the purest and best soap
made.
IIKM'KNSTniN'S CLAIM.
Contests the Title of Thousands of
Oinnlm Krccliolilcra.
Sometime n go , TUB HER referred to the
claim of John P. HoUcnstoln ot St. Louis , to a
largo amount of property in this city , m
eluded In what is known as E , V. Smith's
addition nnd sovcrnl other additions to the
north and between Twentieth nnd Twenty-
fourth streets.
It published at the same tlmo , nn inter
view with Byron Rood in which that gentle
man expressed the conviction that property
holders In the nddltlons referred to , had no
need to fear because the claim could nut bo
substantiated.
Slnco that tlmo , however , a pretty thor
ough examination of the records nnd files of
the territorial. totnto nnd federal courts has
becnmndo by Major Guthrlc , who represents
Hclfcnstoln. In this ho has boon assisted
by Judge Upton and M. Young of St. Louis ,
and another attorney of this city.
Speaking on the subject nnd the
'
result ot this examination , Major
Guthrlo snld : "To begin with , the
suit ot Root vs Shields was
brought before William Pitt Kellogg In 1803
io cancel the title of Shields to whom n tract
of ICO acres north of Omaha proper had just
been patented by the United States , although
ho had pre-empted the land November 'Jl ,
1S57. Many persons were named as defen
dants , nnd Hclfcnstcln , Gore & Co , , were
nmong thorn. November 8 , 1800 , Judge Kel
logg dismissed Unit firm from the cause , nnd
It fins not npponrcd since that time as n defendant -
fondant in the case. "
"Judgo Shields , by the way , " continued
the major , "did not own u cent's worth ot In
terest in the controversy nt the commence
ment of the suit , or nt nny time thereafter.
Tills will bo apparent when it it known that
November 23 , 1857. two dnys after pre
empting the land , do sold ono undivided
eighty acres to James D. Test , nnd that Nov-
omber24 , 1857 , Holfonstcln , Gore & Co.'s ' nl-
tnchmcnt was levied on the other undivided
eighty acres of the tract to satisfy a f 1,200
debt ot Shields.
"Tho property directly Involved in the cnso
was but n few lots in the old paper town site
of North Omaha , now obsolete , as a refer
ence to the decrees in the case nnd the plat
of North Omaha No. 1 , in book M , on page
042 , in the ofllco of the register of deeds , will
show. On page 545 of territorial court jour
nal C. in the otllcc of Frank Moores. clerk of
the district court , is found the decree of
Judge Kellogg describing the property.
"Tho decree In the United States circuit
court in the case of Root vs Shields , " the
gentleman went on , "provides for an appeal
to the supreme court of the United States ,
and was entered November 11 , 1807. A bond
was given , nn nppcnl taken , nnd the tran
script was tiled in the ofllco of tito clerk of
the supreme court Juno S , 1803. Now. to bo
specific , in the case of Root vs Shields , No.
57 in the ofllco of the clerk of the United
States circuit court for the district of Ne
braska , " said the mnjor , "can anybody toll
when the original papers were ab
stracted from the offlco and files ? I
understand that they were taken from the
odlco years ago , and before the present of
ficers went on duty.
"There is another point on which I would
like to have light thrown , and that is this :
Why was Shields' patent , IssuBd in 180J ,
kept from the record until 180S3 This was
nftcr the decrees in Kcllogg's court and the
United States circuit court wore procured ,
nnd the decrees can bo scrutltmod to-day.
"I want to impress the public with the
fact , and this is n.uiatter of great impor
tance , it seems to me , " resumed the gentle
man , "that the supreme court of Nebraska
has recently decided , in the case of. Carroll
vs Patrick , 23d Nebraska , pp. S4 ! ! to 830 , that
the territorial legislature of Nebraska could
not , by including lands near Omaha , a mu
nicipality , in excess ) of the area allowed
by law , namely , 320 acres , prevent the en
try of such land's under the pre-emption
law of 1841. That property involved In the
case last cited adjoins the Hclfenstcin tract.
Ono of the counsel in that case relied upon
the decision in the case of Root vs. Shields ,
reported by Mr. Jnmcs M. Woolworth , but
the supreme court aiNcbraska hold that the
land was open to pre-emption , notwithstand
ing. and despite the act of the territorial
legislature of 1857 incorporating Omaha with
about three thousand .acres of land. "
"What was done in the case of Root vs.
Shields in the supreme court of the United
States ? "
"Well , I will answer you later on. It
might bo stated , " said the major in conclu
sion , "that there Is not a word uttered bv mo
in this interview which cannot bo substan
tiated by an inspection of the records , nnd
that suits demanding the attention of thou
sands of the citizens of Omaha will bo
brought in the federal courts. "
For Seasickness
Use Horsford's Acid Phosphate.
Dr. Price , of the White Star S. S. Ger
manic , says : "I have prescribed it in my
practice among the passengers traveling to
and from Europe , in this steamer , and ttio re
sult has satisfied mo that if taken in time , it
will , in a great many cases prevent sea
sickness. "
_
Awaiting n New Secretary.
A rumor has been in circulation for sev
eral days past that there was no doubt the
postofllco would bo located on Farnam
street in the vicinity of Eighteenth. On this
subject the following telegram was to-day
received from Washington :
"Thoro will bo no action taken on the
Omaha federal building site question till a
new supervising architect is chosen. Mr.
Rosewater called upon ttio secretary of the
treasury yesterday nnd learned that much ,
Judge Crounso , Major J. B. Furav nd
James Crcighton nro making a pull for the
north end of the city. "
An Absolute Cure.
The ORIGINAL ABIET1NE OlftT
MENT is only put up In largo two ounce tin
boxes , nnd is nn absolute euro for old sores ,
burns , wounds und chapped hand ? , and all
skin eruptions. Will positively euro all
kinds of piles. Ask for the ORIGINAL AB-
IETINE OINTMENT. Sold by Goodman
Drug Co. , at 25 cents per box by mall 811
cents.
The Contract Awarded.
The contract for the construction of the
Union Pacific shops at Cheyenne was yester
day awarded to F. M. Sharp ] & Son , of Kanstta
City , this firm being the lowest bidder. No
aggregate of the amount has bo3n made , but
it is stated that the bid correspanJs with the
original estimate which is $210,000.
Ono word : Ono step may make or
mar one's whole futuro. Dr. Jones' Rod
Clover Tonic is the proper move when
you have dyspepsia , badfjbreath , piles ,
pitnplos , ague , malaria , low spirits ,
head ache , or any stomach or liver
troubles. 60 conts. Goodman Drug Co ,
<
BtiMiiess IVIoii'u Association.
There was to havotbeon a mooting of the
Nebraska Business Men's association at the
board of trade roams , but owing to tno
slight attendance of members the meeting
was postponed until Monday night. At this
gathering it Is proposed to adopt by-luws of
the association , un4Jo organize a branch of
the stata organization.
Most men , otherwise strong in body and
mind , will become liulmppy and oroah down
when aflllctcd with , 'i-houmatism. If they
would only try Saltation Oil they would find
relief at onco. Prica25c.
Thousands of bottles of Dr. Bull's Cough
Syrup have been sold by W. H. Brown &
Bro. , Baltimore , Mi } . ,
a Lecture.
Dr. Duryon , of jtho First Congregational
church , delivered nU'lhtercstlngaiid ' Intellec
tual lecture last night to the students of the
Omaha commercial college at Fifteenth and
Dodge streets. Ho talked on "Labor and
Capital In Relation to Wealth. "
CURES PERMANENTLY
itii E u M : A. TISIMC.
Chronlo Cases of 40 Years Cured.
Hundreds Testify. No Return of Paid ,
AT Dlll'UCJJSTi AND UtULECI.
THE CHARLES A. VOCEUi CO DtlUawt , Kl
PAIN" ;
For Bilioui and Norvoui Dltorder i , such at Wind and Pain In the Stomach , Sick lleadacho , Clddinctl , FuN
nest , and Swelling alter M ili , Olttlneit and Drowilncti , Cold Chilli , Flushings ol Heal , Loss ol Appetite.
Shortness ol Breath. Coitlreneu , Scum , Blotches on Iho Skin. Disturbed Sleep , Frightful Dreams , and all
Nervous and Trembling Sensations , Ac. THE FIRST DOSE WILL GIVE RELIEF IN TWENTY MINUTES.
This la no notion. Every sufferer li onrnostly Invited to trr ouo IJos ot those rills , nnd the jr wilt bo
acknowledged to bo a ll'andtrful Mnltrliir.
DEBCUAM'S 1'ILLS , token as directed , will quickly rrforo females to complete health , For a
WEAK STOMACH ; IMPAIRED DIGESTION ; DISORDERED LIVER ;
they ACT LIKE MAGIC : < t fine < To * i will work wonders upon ttio Vital Organs ; Strengthening the
muscular Srstem ; restoring lonp-lost Complexion ; bringing buck the keen edge ol appetite , nud
nroualnR with ttio ROSEBUD OF HEALTH the ir/iooi ( > ; icnt | ( rnrnn/of the huinnti frnmo. TliMO
nro "fncta'1 admitted by thousand * . In nil clnsscs of society ! nnd onoot the boitt gunrnntoc.i to the
Koroma nnd DahlllLitod Is tliat BEECHAM'S PILLS HAVE THE LARGEST SALE OF ANY PATENT
MEDICINE IN THE WORLD. Full directions with each Box.
Prepared only by Tlios. Iir.F.RIIAM , Nt * Helen * , I.nncnolilro , .
Haiti l > Jintgaltlit fffurrallti. B. F. ALLEN & CO. , 365 and 3C7 Canal St. , New York , Solo Aeouta tor
Uio United Btntca , t7io ( It jiir druggist does not keep thorn , )
WILL MAIL BEECHAM'S PILLS ON RECEIPT OF PRICE 25 CENTS A BOX.l
Works like magic , and by its use the daily
expenditure of every household in the land can
be greatly reduced. Ask your Grocer for a
Once you try it you will have no other.
JVIt-T.de only"
N. K. FASRBAWK & CO. , ST. LOOIS.
The Grandest Triumph of Electric Sclonco Sci
GonHemen'HlleU entifically Made and Practically Applied *
With Suspensory Klcetrie , " DISEASECUBEDWJTHOUT MEDICINES
XlnTA yon Pnlna In the Daplf.lllpa , Head or T.lmb * . Nrrv
. . Netirnlirln.J'ltlutlra.IllaefiM-aorKldnrya , Hplnul IIUtHiur , Torpid I.lrrr.Uout , Exhauatlon ,
mlulun . Aslltmn. llcurt DlM-n'r. ) > r > pvi la. < Jom.Up tlon. Eryalpclaa , Indlaentton , \ > caktir , Im-
potency. Catarrh , I'llea , Epllc-par. l > umb Acuc. Itlubctea. II jdrocelp , Illood IHaeoav * . l > rep y , etv tbon
tbla brlt I. Ju.t what you nrcd. Xleelrleilu liutanlli/ frill Can 1)0 applied to anyparl of tlio body.
MSr'0 * ' 1 " ' - th.btood WHEN ALL ELSE FAILS.
TCCTIMnUIAI C Kvrry on g miln and used by perinliilon. MOTR tlio follonlnK who have been
ItdllrciUMlRLd OUUEMi-A.J. HoaRland.lt. fl.l'arker nnd J.M.Hoalatt.iill on Hoard or Trade , Cblra-
go i A. OrcKory , commission mrrcliant Block Tnrdai nuddUoble. the great honemani A. C. Woodlcy , H. 1) ,
8)3 ) Main Street , Ilutfilo. N. Y.i U. W. Ilellua.M. 1) . , Mormontown. lonai Lemuel Milk. Kanlcnkoo , III ; Judco I.
N.Murmy.Nanervlllo.lli . . . . . . _ . ; . E.U . . AbbottBunt.cltr wi > terwprkiBouthlenil , Ind ; Kobt. lU Snmpion , Clilcnito
L.b.McMlclmel. . , nuiralo'N. " Celt
poBtoOlcoi . tl. j Y. "Your haa accomnlUhed wliat no other rcnisilr haa :
Uady nerves and comfortAbio aUepntnlnlit" Robt. llall , nlderman. 1BO KmtSBthhtreetNow York. etc.
WEAK , NERVOUS PEOPLE.
DR. nOBNE'S
Ham _ DBiT > > 'ilL'TIC BM.T po ui"r ! curia
Traia.comtjlnoU. Uunnui. wyiSWB BttZt'B TIBHknCJlli > ftlUT.
BB. hlOXEI end ihau tlng
only ono in the world ceneratlnff
.
ocontlnnout Elatrio < * Xagntlu chronic dl eaaoii of both Boxes.
cnrrmt. fcelcnUOo , Powerful , . Ilnnbti Oontalnaas . toioodegroeaor.
Electricity. UClDAitlliZD the
> mtart&ble aud .rf. . EITcc roTPdj obMrjeataclentno.powtrruldu ! >
. . . . ' ° U , . > unuv. K.ICV..IU OU.1JUU9U. * v freO Wltli U&IO IfOltS.
j.fcFEKr.NLtAnT : tianK , commeircIM ftflr ncy orATOidboirna companlea wltbniRpY allai ( a and worth-
wholeiKle house InUlilcago ) wholeiMad UffeliUSantaM Imltotlona. KtLCTBIO TRDSSEH FOR Iluni'fcS. '
FranclacoandChleano. 0,000 eund Bend itamp lor Illustrated paDBhltt.
[ DR. W. J. HORNE , Inventor , { 91 Wabash Avenue , Chicago.
Eboiild bo mild , prompt ,
and pleasant , with no
griping or purgative ef
fects. II Bliould also In-
clto the liver to action ,
aid digestion , and relieve
lievo tlio kidneys. Like
noUilng else ,
Palno'8 Celery
Compound la a
"
perfect laxatlvo ,
and cures consti
pation where nile
o th or remedies
fall.
" As n gcntlo laxative , " Falno'a Celery Com
pound Is surely without n peer. I think I ought
to know , slnco I have tried remedy after reme
dy for about live or six years and have found
nothing Uiat equals It In my cose of cosUveneaa"
J. B. JENKINS , Teacher , Cloyd's Creek , Tenn.
DIAMOND
R. R. R. RADWAY'S ' READY RELIEF
THIC MOST GKKTAIN AND SYP1 < ;
In the world that Instantly Btoiis tlio mont oici-nclatlnc tmins. II novur f\Ils to give caio to tlio
eullercr ot I'nln urlslus from \\Imtovor cause ; It Is truly the ere&t.
CONQUEROR OF PAIN.
It has done more iiood than any known remedy. For HI'ltAINS. IimnSKH , IJAOICACMU. 1'AIN
IN THE CIIKST Oil BIOK8. HKAHAOIIH. TOOTllAOlii : . or liny other external J'AIN a few uppll-
cations , nibbed on by hiind act Ilka nmRlc , causing tlio puiu to instantly Htop. Fort-'ONOHSTloNH
INl'I.A lMATIONB. HHEUMATISM. NKOKALUlA. ( .U.MDAUO. SUlATrOA. 1'AINS IN THJ !
HMALIOK Till' HACK , more exteuded. loncer cuntiniird und repented apnllcntloim are JIL-CCB.
sary. All 1NTKIINAI. PAINS. D1AHIU1CKA , COUC3 , yi'ABMS , NA UHKA. KAINTINO Hl'HM.3 ,
N1'HVJUHNK8H. .SIl'Jl'IK8SNiss uro rulievcd Instantly nnd ( inlcklv cured by taking Inwardly
20 to ta drops In half a tumbler of water. M cento n bottle ; snld bv nil DnifrKlKtx.
WITH UAUWAY'B PILLS there la NO UVriTKlt CUHK OU I'ltliVENTlON of 1'KVKU or AGUU
HIMEBAUGH 8c TAYLOR
,
Hardware and Cutlery ,
Mechanic * ' lools , Vine Jlron e Bulltlen' Goods anil Uujfnlo
1405 Douglas St. , Omaha.
" ' ' J-i > V > "ti t" nror . ( .i.ll ( SUMlBc .
BELT 4Et.M. rr Ua Ult tt. u4 up. w'rilVuci
StijTfUi'ivUSJUiW"1 ? " ' 4a Hlil . .lm
"Palno's Celery Compound Is prompt and
pleasant. Asa laxative It leaves IHUo to bo do-
Blrcd. I have grc.it confldcnco In Its merits. "
ALBEDT LEONAHD , Atsodale Editor ,
, Athens , Onto.
"For two or three years I suffered Intensely
every night wltli severe palna In my bowels ,
which wcro habitually constipated. JJy bowels
are now regular , and I have had no return ot
those pains since using one bottle ol
Paine's
Celery Compound
F. O. BTICKNEV , Druggist , Havana , Ala.
Moral : TTeo Fame's Celery Compound and stop
rulnln ? the Intestinal tract with hareli purga
tive pllla. $1.00. rJlx for Ji.oo. Drugglsta ,
WKLLS , RICIIAUDSON Co. , Burlington , Vt
I DRD 'JTC L < vln'/vpt > n Jaclattd rood areJfeaUay ,
| oMaiCa Happy and Hearty. U u vncrjualcd.
T. E. CII.PIN ,
FIRE INSURANCE BROKER ,
Room 03 Traders' Ilulldlug ,
CH3CACO.
llflfireno 8-Wciroiolltun Na lant.
B. U.Oeui&Ua. Ike Br dUMt Ok
THE RAILWAY TIME TABLES ,
OMAHA.
SUBUIHIAN TRAINS.
WcHlwnrtl.
Running between Council nitifrj ana At.
bright. In addition to the stations mentioned ,
tramH stop at Twentieth nnd Twenty.fourta
streets , anil at the Sumrn It In Omaha.
NHIIVOU8 , Clino.VJC and I'HIVATB DISKAaKS of
MKN nmlVOilK.V attcccaifullr troitoJ.
YOUNCf MEN
SnlfurlriK from tlio offecta of ynutliftil fiilllcs or Indli
crL'tl < > M , or ttnt trouble : ! wltli Wi'Hknuai , Norvoui
Debility , ( xiai ( if Mornnrr , Donpondencr , Avrralnn to
Hoclety , Kidney Trouble * or utiy Ulauniu of the ( lenl-
to-Urinary Orimnii , i n lioru IIml n aura andapocdf
cure. Clmruua rcuaunuulo , capi'dully to Iho pour ,
MIDDLE-AGED MEN *
Them uro ninny troulilml wltli too fronuont ovacua
lions uflliu bliuldnr , ofioii uicdiiuiuiileil hy n allKlit
aiimrtlim or burnliiK acnamlon , ami wonkunlim of Ilia
ajratein In a milliner thu pntlunt raniiot account for.
On Hzainliiliix tlio urinary dopoilu u roiy ; Hodini iit
will often bo found , and soniuilmoi imillcloi of ullm-
men will npnoar or tlie color bo ut a tliln , nillkl h
hue. Rualn ciianulnir to n ( lurk or torpid iippunninre.
'J'liere are IIIAIIT men who tile of tlila Ullllciilty. iKnnr-
unto : tliocniue. wlilcli it Hie sccon I eluKoof smut ,
nal wcakneas. 'Jlio doctor wll | umir.uitmiii perfect
rurolnall aucli ranoa , unrt u lieullliv rcalorutlon of
tlio ncnlto urinary orunnn. Conaultation free. HenU
S-ccnl itiimprur "VuiiiK Man's Krlcnd , or tJuldo to
W dlock"lriatoa > ll. Atldrcaa
DB. SPINNEY & CO.
Muln nnd 12th SU , Kansas City , Mo.
IVMciitlou llila pupcr. _
FLORIDA LANDS
For Sale or Trade.
ll.isldcnco property , Krovcit , town lotn ,
and deslrublo unimproved luiidn biiltublu for
Inter liomoH , fur iiiu or to trudn for western
inpiovcdfarmland * ! . Uorro pomluncosolicited
L .O. GARRETT.
Orlando , Florida.
* ( ]
F1n at Uuied. moit dur U , and pneaeas Iliornlyab-
Boliitelcurrnct nciui. WarrinliJ to Hind In auj
clim t . A k jotir doj i r fur tlmm.uufrfiu ( frcr.
LtON OEAU , IC2 STATE STREET , CHICACO.
Wyoming Oil Lands
LOCATED ,
And all ncc Hsary paper. ! nileil.
W , E , HAWLEY , Civil Engineer ,
CASl'KK.V10 or OilAUA. Miliu .uir 4