Omaha daily bee. (Omaha [Neb.]) 187?-1922, August 18, 1889, Page 5, Image 5

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    THE OMAHA DAILY BEE : SUNDAY , AUGUST 18 , 1889-TWELVE PAGES.
NDOWMEISIT BONDS
The National Life Insurance Company of Vermont.
Its dcnth rate for many years past has boon lower than any of the old com--
pnnios.
The salaries paid to the ofllcors mid clerks of this company nro less than any
other similar institution in this country.
The Nnttonnl Life of Vermont pays the largest dividend.
The National Life of Vermont is purely a mutual company , there bolnp no
fctockholdors to claim any portion of the profits created by the policy-holder's
pionoy. ,
-No investments are made in railroad or ether speculative securities.
This eomnany Is prohibited by its charter loaning money to any ofUcor ,
director or employe.
ITS INTEREST RECEIPTS ALONE since organization have moro than
paid nil death claims. In this it has no equal.
The National was chartered by the legislature of Vermont , 1848 , and there
fore practically covers the whole history of llfp insurance in this country.
The charter and tronoral laws of Vermont , under which this company
operates , nro so strict that every safeguard has boon thrown around Us policy"
holders.
Every policy issued by this company guarantees : First A Cash Surrender
Value. Second A Paid-up Policy ; or , third , Extended Insurance for the Full
Amount of the Policy. By this , the negotiable value is established from year to
year , and there never can bo any dispute or misunderstanding as to what it is
worth if the holder desires to dispose of it. No other company issues so desirable
and fair a policy ns the "Old National of Vermont. "
STATEMENT , JANUARY 1 , 1889.
NET ASSETS , December 31 , 1887 $1,280,041 09
KUCKIVED IN 18S5.
For premiums $1,281,178 37
For interest and rents 200,307 CO
For profit and loss 60 S5 ' 1,541,537.18 ,
'
r * ' 85,822,482 , 37
DISUUItSEO I.1888. .
TO POLICY HOLDERS : , '
For claims by death $ 291,20903 , "
For matured endowments 82,71000
Surplus returned to policy holders 155,18052
' '
Surrendered to policy-holders 140,30111 3 C10490'CO ; " " '
%
EXPENSES : . , „ „ „ . . '
Salaries of ofllcors and dorks $ 23(144 ( 33
Medical examiners' fees 10,20863
Taxes 23,472 79
General expense account , agencies , ad
vertising , postage , printing , rents , fur
niture and traveling expenses 250.10344 S 822,55409 $ 042,05075
DAI.AXOK NET ASSKTS , Duo. 31,18S8. . . . $4,880,431 02
Add interest duo and accrued $ 80,241 13
Otllco , quarterly and semi-annual prem
iums , net 100,002 50
Market value of stocks and bonds above
par ' . . . 120,74093 3 313,08007
Guess ASSETS , Due. 81.1888 85,104,112-29
Computed reserve ( Actual ies 4 per cent ) 84,008,244 07
Death losses in process of adjustment 0,00000
Premiums paid in advance , and extra reserve on Life
Rate Endowments ' . 290,009 79
Liability ns to policy-holders 8 4,878.253 83
Surplus by Vermont , Now York and Massachusetts standard 8 820,038 40
Surplus by Pennsylvania and Maryland standard I,105.fi35 63
TOTAL nuATit LOSSES PAID 2,074,380 65
TOTAL INTKUKST IIKCKIVKD . " 2,808,085 28
EXCESS OK INTEREST EA11NED OVKU DEATH CLAIMS covering forty
years business 104,2 ! ) ! ) 73
Total amount paid to policy-holders 5.167,147 32
Insurance written , 1888 I1.970.3S8 00
Total insurance in force 32,312,303 00
The Endowment Bonds are Issued from ono to twenty-five thousand nnd run
from ton to twenty years , payable annually , soml-annually or quarterly. For In *
stance : You buy a $1,000 twenty-year Endowment Bond Policy , payable Boml-an
nually. This bond then becomes payable to you for $1,000 cosh nttho end of
twenty years , or your heirs will rocolyo the $1,000 cash at once in ease of death ,
or you can wlth-draw any year , thus combining a savings bank and insurance thirt
is exempt from creditors , taxes or reverses.
It protects against adversity in business.
It is nn investment and a protection conlblnod.
It guarantees that n certain amount of money , WITH IXTKUEST , will bo accu
mulated within n specified time.
The investments paid are like deposits in a savings bank , nnd are returned
to the bondholder at his option.
The bond matures at a specified tlmo , or previous in event of death , for ila
face value , and guarantees if definite sum in cosh every year.
The bond is not hampered by any conditions or restrictions , and its cash
value cannot bo impaired or jeopardized.
The bond affords the very best security , and is negotiable the same ns any
oth or bond or stock.
The National's is the simplest form of policy in existence. This company ,
now in nctlvo business for over forty years , has always boon In the advance in
liberal dealings with its policy-holders.
The National is the only company Issuing the incontestable Endowment
Bond nnd Option Policy.
Under this bond you "PAY AS YOU GO , STOP WITHOUT LOSS , Bier TWTH
PUOl'Tf , Oil CONTINUE VOU CUlEATEtl PKOK1TS. "
SUMMARY :
A $10,000 twenty-year National I3ond provides as follows :
First That $10,000 will bo paid , should death occur at any tlmo within th
twenty years.
Second That the bond participates in the profits of the company , and
810,000 , with all the accrued surplus , shall bo paid nt its maturity.
Third The cash value guaranteed on the margin of the bt'iid. ' .
Fourth The bond policies are as safe , and the returns are larger , than a U.
S. government bond , and can bo paid in installments.
ITT ; E _ A.BO-VE : :
IN flWTC INfiRFKF IN < JISRPIIK INRR
111 HOuLlOj IBiunLfidL all uUlBrLUdj llijuli INCREASE IN INSURANCE WRITTEN ,
Reliable Energetic Agents who desire to represent The National , , are invited to ad'dress
agers Western Depf. ,
401 402 and 403 Paxton Building , Omaha , Neb.
LIFE HAD NO JOYS FOR HER ,
A.Heartsick Tjlttlo Girl Takes Roughen
on Bats.
A HOME FOR INDIGENT MASONS.
Charles MIlinRton Again Tulcoi to Ills
Heels Alary Uroiinon Sues Jerry
IlarrinRton New * at
the Capital.
LINCOLN BUREAU OP Tun OSUTH. uaa , l
1029 P STUBBT.
LINCOLW. August 17.1
Emma Lindloff , the flftoon-.voar-old daugh
ter of John Lindloff , a teamster , who resldon
nt 1940 Q street , Hot cold and stiff in death In
an upstairs room at 830 li. For something
llko ten years Emma lias boon living with
the family of J. Koborts , at 820 II. Yesterday -
terday afternoon about 2:30 : Mrs. Roberts
wont out to do same shopping and make some
calls , and when she returned , about 7 , she
found Emma lying on the floor and vomiting.
At flrst she would say nothing , but by nnd
by she admitted that she had taken throe
closes of "Hough on Rats" about 3 o'clock ,
and that she was suffering from the effects
Of the name. Dr. Carter was sent for and
administered some antidotes , and , as she
Bcemod easier , ho loft ether modlcinos , wit h
directions for using , and wont homo , in
structing Mrs. Roberts to send for him If
there was n change for the worso. Appar
ently she seemed to rest easy until about
6:30 : this morning , when she took a sudden
cbango for tlio worse , and at 0:30 : she
breathed bar last. Dr. Carter catno on a
eummoas , but she was so far cone thai med
ical skill could avail nothing.
Tbo girl gave no rosen for this rash act ,
and all that Is known concerning U rotates
to horllfo at homo with her stepmother , and
nor persecution by the Broukolmoyor chil
dren , who live next dnor.
John Lludloff , the father of the girl , ad
mitted to Tin : DEI : reporter that bis daughter
and his second wlfo did not ? ot along very
well , nnd that in consequence of tb In dts-
npreomnnt his daughter had loft homo aud
bad resided with the -Roberts family soiuo-
tblng like two years. Twice during this
tlmo ho had Induced Emma to return home ,
but etiuh time the old trouble between the
Elrl and her stepmother would come up and
aha would return to tbo Roberts domicile.
Ho said that ho knpt well informed concern
ing her life with the Roberts family and as
they always treated her well and shn beomed
to bo doing all right , bo was batlstlod to lot
bor remain.
Mr. and Mrs. Roberts both , in talking to
TUB Bin : correspondent , said thai tbo Brook-
elmcycr children , who lived next door , were
constantly making faces' at her and calling
bor uuinns nnd "run-away girl" whenever
Bho stopped out in Iho back yard , uud that
this worried her continually and sno could
Btund it no longer. Yesterday morning ho
had built a high board fence between the
Ipts so that she could not sou the children ,
and thus banlud in their attempts they had
marched up and down the ether sldo of tbo
fouco singing "Run-away girl , run-away girl ,
etc. " Once ho bud spoken to Mrs , BrocUol-
mover about It and she bad replied that
chlldrona' affairs were no affairs of bars.
An old laay who was present volunteered
the Information thai as Mrs , Lindloff and
Mr * . Brockolmoyor were very close friends ,
U tnlghl bo true that the step-mother was ut
the bottom of tbo persecution. She further
elated that tbo girl was completely dlscoir-
ogea. She bad talked with her. She felt
that Bho bad no homo nor friends , and that
there was uo peace on earth and that she la *
tended quitting it , Tbo old lady tried to dts-
euado tor , but she said that her stop-mother
bated her , her father took sides with tbo
Btop-motkcr aud the Brockolmoyor children
made Ufa a burden , Sno spoke well of her
treatment by Mr , and Mrs. Roberts.
Tbo girl has always borne a good reputa-
tloc , uml was bright , active and smart about
tor studies and her work.
Tbo case WM reported to Coronur Shoo-
nuker , who , in turn , laid it before the coun
ty attorney , and it was docldod that nn in
quest was not necessary , unless the parents
'rionds of the girls would stand the oxpcnso.
! t is no statutory offense to provolco a poor
and worse than orphaned girl to that des-
paration which prompts her to commit sui-
: ido. The funeral will probably take place
to-morrow at 4 p. in.
A. Masonic Home.
The Nebraska Masonic Homo company
fllad articles of incorporation in the olllco of
the secretary of state to-day. Its purpose is
to erect and maintain a homo for the educa
tion and comfort of indigent Frco Mason
families. The articles express a willingness
to accept land by dovlso or gift upon which
to erect the samo. It is stipulated that the
capital stock shall not exceed the sum of
$500,090 , and that Omaha shall bo the princi
pal uluco for the transaction of business.
The following are the in corporators , declar
ing their names nnd rosidonccs to bo : G.
W. Llnlngor , C. Hartmun , Charles H. Con-
tant , W. P. Davolon , John W. Rodlfor , Gus
tavo Audrco 'William H. Bowen , Gustavo
Anderson-uhd George H. Smith , Omaha ;
George 13. Franco and George P. Post.
York ; F. E. White , Plattsmouth : brad
Slaughter , Fullerton , and Frank H. Young ,
Custor.
The Bank of Clay Cantor also filed articles
of incorporation , Business commenced Au
gust 7. Capital stock authorized , $30,000.
Incorporators : George K Bico , G. W.
Clawson , Frank Knox , W. J. Gardiner , Wil-
Hum L. Wilson. W. M. Walters , C. F. Mo-
Grow , George Tcnnoy , S. A. Walker and C.
D. Fowler ,
Stnte House Jollities.
J. 1C Kolsor , sheriff of Kolth county , com
mitted Edward Sogor to the state penitenti
ary to-day for a term of three years for bur
glary. As usual in such cases , the sheriff
loft his expense account in the ofUco of tbo
auditor of public accounts.
Tlio case of Wois , Moll & Co. vs Davoy &
Barry , on error from the district court of
Dakota county , was filed for trial in the supreme
premo court to-day.
John M. Tboyor , jr. , the governor's pri
vate secretary , was at his post to-day for the
first time In two wooks. Ho says he expects
to bo able for full rations and bis usual quota
of work in a few days.
Slippery Charley.
Charles Milington , who was brought to
tlmo by Catharine Ditto recently , on tbo
charge of bastardy , has turned another trick
that shades the flrst. H will bo remembered
that Milington was captured by Sheriff
Mohok in Colorado and bro ught back to fuco
an irate parent , who wun bent on compelling
him to give his daughter's unborn child a
name , or suffer prosecution for seduction
under the ugo of consent. At the time Tins
Bsc noted Milingtou's ' arraignment and his
apparent willinrnoss to marry the young
girl he had betrayed under promise of mar-
riaco. Since then it has boon supposed that
all was going well with him and his. It ap
pears , however , that the marriage contract
only eased the heartache temporarily. Mil
ington has again skipped the country. On
Ins compulsory return no expressed a wil
lingness to marry the girl , and after assess
ing the costs of the case and bis attending
capture to him , the court pronounced Charles
and Catherine husband and wlfo. Sheriff
Mlliok accepted .his unsecured note as pay
ment for his share of the costs , knowing that
ho possessed nineteen head of cattle , free ol
Inuutnbranco , and thought nothing uioro ol
it until this morning when it was announced
that ho had again taken to his heels. It
Dooms thdt Charley mortgaged the cattle for
all they were worth a few days ago , put the
money in his pocket and with the statements
made the story is told. The brldo of three
short weeks has been cruelly deserted and
the sheriff victimized.
U. IU 1C. of 1 * . Celebration.
Colonel II. F. Downs , of the First regi
ment , has completed arrangements where a
rate of ono and one-third faro for tao round
trip is given by the several railroads center ,
ing la Lincoln , to the Knights of Pythias ana
tbelr friends , who desire to take part la the
celebration of the anniversary of tbo organ-
Uation of tbo uniform rank , the second anni
versary of the First regiment , and reception
to bo tendered Brother Justus II. Hathburu.
tao founder of the order of ICIghU of
Pythias. The colonel also secured n special
train for Hebron and Geneva divisions , and
their friends , over the B. & M. railroad ,
which will put thorn in Lincoln at 7:13 on
the morning of the 20th Inst. So far four di
visions outside of Lincoln have notified head
quarters tnat they will bo present , and quite
a delegation from Omaha is oxpontod.
The Third Party I'roplB.
The third party people hold their county
convention this afternoon in the .Males
block , on M street. II. E. Gfiorco , temporary
chairman , called the conclude to order at U
o'clock. The attendance was fair , and the
cold water. army manifested its usual en
thusiasm. After tbo appointment of com
mittees , Secretary Davis was called upou to
record the nominations , which were as fol
lows : Treasurer , A. Uoborts ; clerk , W. A.
Hartley ; recorder of deeds , S , L. Mills :
sheriff , M. McCartney ; superintendent of
schools , Dr. King ; county judge , A. C.
Rlckotts , county commissioner , Fred Hovo.v ;
coroner , A. D. Guile , and surveyor , N. S.
Scott. The prohibitionists had hard work to
find candidates willing to bo sacrificed.
A JU'liiurmr
The state board of transportation met this
afternoon , and heard Marquotta and Do-
wcoso on the Burlington crossine caso. Uo-
hearing was denied by a vote of 2 to 2. At
torney General Lecso was not present. Steen
and Laws voted nye ; Hill and Benton no.
It is said that the Burlington folks now pro
pose to take the matter to the supreme
court.
_
City News nnd Notes.
William II. Halght and Frances A. Mont
gomery , of Wymoro , were granted a permit
to marry to-day by Judio Stewart.
The application for the appointment of a
guardian for James Barry was argued to
day before Judge JS to wart. It appears that
the children of tbo Infirm man object to Mrs.
Barry's ' application , on the ground that Mr.
and Mrs. Gordon , a daughter and son-in-law ,
have agreed to care for him and the mother
as wbll.
Mrs , Mary Bronnon is after Jerry Har
rington again. This time HUO sues him for
the board of their child , born out of mar
riage , from May 5 , 18SO , to date. She fixes
tbo amount 'at (200. Since Mary was re
leased from Jail , In Juno , she bus been workIng -
Ing for Thomas ICIllen , at Wuvorly , and she
also sues him for work and labor , alleging
that there Is duo her $13 , which ho refuses
and neglects to pay. Both suits were com
menced In the county court.
The case of Tllllo Trischol vs C. W. Mo-
Clollan was continued again to-day until
Monday. It is learned that the county at
torney is working with a will tn got suffi
cient evidence , not only to convict him of
charge , but also to convict him on thoolmrgo
of bigamy. The condition of his helpless
victim , who confided ia him and married
him , supposing she had a legal right to , nas
aroused publio Indignation , and , if possible ,
his lirst wife will bo brought to this city to
appear against him. Mrs , McClollan No. 3
lies nt tbo point of doutli , ami It is expected
hourly. She is ut the Willard homo and a
subject of charity ,
Edward W. Osborn vs. J. E. Sbotwoll and
J. II. Wllcox is the title of a case brought in
tbo district court to-day. The parties bail
from ono of the country precincts. It ap
pears that Osborn was sued before Shotwoll ,
a Justice of thn peace , by Wllcox , who se
cured judgment. Osborn in turn comes to
the district court and asks an injunction to
restrain Wilcox from running an ouster , ana
bo alleges for cause that tbo judge was Wll
cox1 s son-in-law and that ho could not got a
fair hearing ; , The controversy originates
over possession of ( HO acres of land.
A Harness Thief lionnd Over.
William W. Hoynolds , tbo colored man
who was arrested for stealing a harness
from the barn of Mr. Hood at the corner of
Cumlng and Twentieth and streets , was ar
rested oa the charge of laicony , bui the evi
dence at tbo hearing showed that bo had
broken open tbo barn door and taken tbo
harness out aud the charge was changed to
burglary. Heyuolda was found guilty and
hold lo the district court tn * 5t > 0.
The Chicago Church Choir company will
remain one weak longer at the Eden inusoe ,
the cotnto "Mas-
presenting popular opera , -
cotto. " Tbo costumes and ecoaery for tali
production are entirely now , and the opera
will bo presented In three soonos. This will
bo the last opportunity of hearing a popular
opera at an equally popular price.
THE CYPS\"S \ BABY IS DEAD. '
A Sad Soono in the Graoo Street
Bottoms.
NATURE'S CHILD CALLED HOME.
Sorrow Unluns Where the Tents
Gleam in HID AIooiiliKht A Case
Which O.ilU Tor Gen
uine Sympathy.
The Baby Is Call oil Homo.
There ere many , many phases in this Ufa
wo live. There uro joys and sorrows , hopes
and fears , anticipations and realizations.
The bitter oft exceeds the sweet , the happi
ness the pain No mutter what the station ,
he , the chastening1 hand Is laid la its heavi
ness where the light touch of love would bo
a thousand fold moro welcome. Wo BOO ex
amples every day. The llowors wo cher
ished most are soonest touched by frost ;
the idols worshipped most devoutly , soonest
shuttered.
Down in the bottoms at the east end of
Grace street , is a gypsy camp. Under tlio
trees ( 'loam the will to tents in the moon
light. Joyful is the children's laugh at
uoontimo. All nro happy apparently.
There are two families ol Gypsies in the
camp. Quo hears the nuuio of Fisher , the
other Stokes. The former uro a couple who
have passed the meridian of Ufa. The man
what a man I tall , symmetrical oven in his
advanced years , almost picturesque , ho
greets the stranger with a bow so courtly
that ono almost wonders if he ut ono tlmo
were not an earl. The woman ; even though
she bo descending Ufa's vale , the ruvon black
hair with its tinge of silver , the lustrous eye ,
the Ma'.cly carriage , the easy almost celestial
grace loads the observer to wonder if in days
gone by she was not once ono of society's '
gems ,
There is another family whoso names have
already \uan mentioned. Llko the former ,
they , even though Gypsies , possess all tbo
traits of tlioso who graca the gilded halls of
society. Hut the luster of the woman's eye
is dimmed with tears , and the brow of tbo
husband is clouded with a grief that knows
no balm. For , under tlio sheltering folds of
tlio canvas covering that keeps the storm
from tlioso who seek rclugo beneath its pro
tecting folds , lies a little babe. Closed are tbo
dark eyes under the brown lashes ;
hack from the alaoastcr brow nro
brushed the bonny sllkon curls ;
folded across tlio Hula breast are the
waxen bands baby's ' dead. Away across
the rlvor of death , ' whoso farther shore
shines In the effulgence of an eternal day , a
tiny voice Joins in tbo melody of the angelic
choir tbo Gypsy's babysdond. !
And at 0 o'clock tlila morning , when the
devotee repairs to his1 shrlno to worship at
the glided altar of art , these children of na
ture , under the trees will take a lait look at
the fair fuco so stilt in death , in their simple
way will invoke the Crnutor to transplant to
the everlasting garden the little flower , And
to-night , out updor tUo starlight , when the
dowe full and the summer breezes whisper
is ronuloui , in a Uttlo graveyard at Florence
will bo another nioutiJl ( whoso cold dead
clods rising above the gransy ( surface will
murk the last resting place of the Gypsy's
baby. t
A reporter visited tho. camp yesterday.
Tbo old couple , who , by the way , are the little
tlo dead Infants' grandparents , greeted him
cordially , and invited him to coma inside.
There lay the infant on the rough cot , its lit
tle face covered , Beside the couch reclined
the father nsleop , worn out \vith watching
by its bodsido. The mother stood by wecp-
ing , wbtlo a Uttlo pirl ana sturdy boy clung
to her skirts. It was indeed a sad picture.
"Tbo funeral will be to-morrow , " said the
older woman. "Rev. Mr. Brady , of Trinity
Cathedral , will preach the sermon. Ho is
Episcopal , o are we.Voaro English Gyp
sies , the ulna Dickens wrote of. But" with
a snille "wo ere not as bad M ha pictured
them. Wo are earth's children and live and
sleep only la her bosom. " The a the turned
away to hide her tears , whloh would cooio
despite her , efforts at self control. The scone
was sacred , and the holy of holies of eron a
Gypsy family too sanctified to bo described.
Tbo reporter left.
The Gas Company's Sitlo of the
Question.
In the district court , Douglas county ,
Nebraska.
William J. Conuoll , plaintiff ,
Versus
The United Gas Improvement Co. ,
The Omaha Gas Manufacturing : Co. ,
Prank Murphy and Frank Hoyward.
Affidavit.
State of Nebraska , Douglos county , ss.
Juntos P. Hoywaru , boinp duly sworn ,
says : I am ono of the defendants in the
above entitled action and am the chief
clerk of the Omaha Gas Manufacturing
company , having charge of the collec
tion of gas bills for the defendant.
Omaha Gas Manufacturing1 companyand
of nutting olT the supply of gas from
customers who refuse to comply with
the rules o ( the company in regard to
the paymontof gas bills.
The defendant , the Omaha Gas Manu
facturing company , is and for many years
last past has been a corporation organ
ized under the laws of the state ol Ne
braska and engaged in the manufacture
and sale of pas at Omaha , Nebraska.
That during the years 1888 and 1889 It
has supplied gas to the citizonsof Omaha
at the price of two dollars ( $2.00) ) per
thousand foot , that being the price
lixod bj' an ordinance of the city of
Omaha , during that time , with a rebate
of 25o per thousand foot for prompt pay
ment.
That during the years 1888 nnd 1880
plaintiff has boon a customer of the clo-
londuivt , the Omaha Gas Manufactur
ing company , and has boon supplied by
it with gas for his residence , and \hat
during the year 1883 plaintiff paid for
the gas furnished oaoh month as fol
lows :
1888 : For January , on February 16 ;
for Fobrui'ry , on March 21 ; for March ,
on April 20 ; for April , on May 10 ; for
May and Juno , on July 10 ; for July , on
August 20 ; for August , on September
1S1 ; for September , on November 6 ; for
November nnd December , on January
21,1889.
In the year 1889 the plaintiff has not
paid his gas bills with the same prompt
ness that ho did for the year 1888. His
gas bill for the month of January , 1889 ,
was $9.40 , and on the 2ild day of Fobru-
nrv last ho paid on account of it the sum
of $8.40 , which was all that the plaintiff
paid for gay except for the month of
April , 1889 , although furnished to him
continuously , until the 25th day of
Juno , 1889 , when ho paid the balance of
$1 for the month of January , together -
gethor with his bills for the
month of February , March and May.
On tlio Oth day of May plain
tiff paid his gas bill for the month of
April , 1889. July 11 ho paid for the
month of June. On the 15th day of
Juno , the plaintiff being in default of
payment for gas for moro than three
months past , and after bills had been
rendered and after notice had been Hunt
to the plaintitf that tlio gas supply
would bo shut oil from his house unless
ho paid the gas bills then in arrear. tlio
defendant , on the 15th day of Juno ,
1889 , turned off the supply of gas to
plaintiff's house at the motor therein.
About the 17th day of Juno , not having
hoard from the plulntilf and said gas
bill still remaining unpaid , an agent of
the company was eont to the plaintiff's
residence to remove the motor there
from , While such n < * ont was at iilalntill'a
house , the wlfo of plaintiff tele
phoned to deponent that the plain tiff
was out of town and she wished the
matter to remain until his return , to
which deponent replied "Certainly , "
and requested her to call said ngont
sent to romero the meter to her tele
phone , which she did , and said agent or
workman cumo ut once to the telephone ,
and deponent instructed him to louvo
the motor and not disturb the supply of
gas , which ho did. A day or two after
this , Iqarning that plaintiff was in the
city , I mailed him a notice that unless
those pas bills were paid by the 19th of
the month the supply of gas would bo
shut oil from his residence ; and on the
19th a man was eont to the plaintiff's
residence to shut off the supply , who re
ported that ho could not shut "it off because -
cause the cut-off box was tilled with
sand.
On the 20th a man was sent with in
structions to clean the cut off box put
and to cut off the supply of gas , which
ho did. Three or four days after this ,
not having heard anything from the
plaintiff , I sent a man to his premises
to examine the cut off box and ho
found that the box had been taken up
and reported that ho could not find it.
On the 24th of Juno I sent two men to
plaintiff's residence to cut off the service -
vice pipe and they began digging for
that purpose on a line whore tiio cut off
box appeared to have boon located , but
whore it had not boon located , as the
plank in the sidewalk through whioh
the cut off box ran had boon taken up
and exchanged for another plank in the
sidewalk some five or six foot away ,
thus misleading the men , but they sub
sequently found the line where iho ser
vice pipe ran and began dig
ging for the purpose of discon
necting it when the plaintiff
came from his house and drove thorn
away before they had time to accom
plish the work , threatening them with
arrest , oto. On the morning of Juno
25 I sent the same two men to plaintiff's
residence , and wont there myself , for
the purpose of disconnecting the ser
vice pipe , which was done on the morn
ing of Juno 25. As soon as the work
was done I returned to the cilice of the
company nnd found that the plaintiff's
gas bills had boon paid BJICO I loft that
morning. I desired them to renew the
supply of gas to the plaintiffvand telephoned
phoned him to know where the stop box
was which had been taken out from the
service pipe , and upon his promising
to return it to mo or to pay for it , I
agreed to renew the supply of gas ,
which was done ns soon as could bo.
On the afternoon of Juno 25 the plaint
iff cumo to the company's ' olllco
and asked if the supply
had boon turned on and
I told him no , but that it would bo as
soon as possible , and required him to
sign an application for gas , agreeing to
the rules of the company , which ho did ,
a copy of which is hereto annexed and
marked "Exhibit A. " As I have said ,
the supply of gas was renewed , a now
Btop-box put in , and the service pipe re
paired ut once , and plaintiff paid his
pus bill for the month of Juno on the
llth day of July. At this interview , on
the afternoon of Juno 25th , plaintiff
was very abusive , and I told him that
tlio gas bills were payable on or before
tlio 10th of each month , and that I
should insist upon compliance with the
rules , because wo had had this trouble
and I wanted no moro of it ; that unless
lie paid his gas bills on or before the
10th of each month I should turn the
gas off on the llth , ho replied , "Well ,
that Is lair warning. " On the morning
of July llth I received a chock for his
gas bill for Juno which had been mailed
on tlio 10th of July.
On the 12th day of August at 1 o'clock
in the afternoon , the plaintiff not hav
ing paid his gas bill for July , the sup
ply of gas was turned off. On the af
ternoon of August 18th the plaintiff
came to the company's omco and asked
for the nainos of different agents of the
company whioh I gave him ; ho abused
mo a goo ddeal and demanded that his
gas bo turned on. I told him U would
bo as soon as ho had paid Ills bill and
told him that he had been turned off be
cause his bill for July had not boon
paid ; ho asked mo for his gas bill for
July , which had already boon delivered
to him , nnd I pave it to him again and
us ho went out of the office ho says : "I
order my gas turned on , " and I told
him it would be turned on as soon as the
bill was paid. Ho loft , saying :
"I will see about this nnd I will see if
the citizens of Omaha have any rights. ' '
In this conversation I said to him , we
have never heard anything from that
stop box and told him that .wo had never
got the stop box nor the money for it ,
nnd ho replied that "tho stop box is in
my stable , and you don't expect mo to
bring It down to you ? " I says , you
promised either to return it or pay for
it , it probably don't malco any differ
ence , wo can lot a man drive by thera
and got it. On the morning of August
15 I received through the mail a chock
for the amount of plaintiff's July pas
bill , enclosed in an envelope which bore
the postmark of August 14 , 7:30 : p. in. ,
and the chock was dated August 14. As
soon as I received this chock I at once
son t a man to plaintiff's house and had
the supply of gas to his rcsidonoo
turned on which was done at about
.half past nine o'clock in the morning and
the s'upply stillrpmainsand will rumain
so long us plaintiff's gas bills are paid
on or before the 10th of each month.
During the years 1888 and 1889 , nnd for
along time prior thereto , tlio company
has delivered to each of its customers ,
among thorn the plaintiff , monthly bills
for gas on the 1st of each month , and
during said tlmo there has been deliv
ered to tlio plaintiff , as well as all ether
customers of the company , a monthly
bill for pas consumed by them , on tha
1st of each month ; and it has been tha
rule of the company to require pay
ment of its monthly bills on or before )
the 10th of each month.
Deponent further says that while tha
plaintiff has for some time past mnni---
fostod considerable hostility to the gas
company , that the solo and only reason
for turning off his supply of gas was hla
failure to pay ins gas bills , and not in
any manner to harrusa or oppress him
or his family.
Tbo trouble- with the plaintiff in
June , the interference with the sup'ply
pipe and the company's stop box and
the carrying of it away , which depo
nent believes to have boon done or
caused to be done by the plaintiff , in
duced the deponent to oxuct of the
plaintiff , ns a condition for supplying
him with gas , that ho should pay his
gas bills on or before the 10th day of
ouch month.
I notify all customers of tlio company
who uro irresponsible or with whom I
have had trouble in collecting bills that
unless the bills are promptly paid ac
cording to the rule I will ardor the gaa
turned off , and unless the bills are paid
I order iho supply discontinued , and
having had so much trouble with the
plaintiff about the payment of gas bills ,
and having notified him that ho must
comply with the rule of the company , I
liua his supply cut off as I had told him
I would , for the solo and only reason
that ho hud not complied with the rulo.
The price charged the plaintiff in his
gas bills was tlio prica ho agreed to pay
and the price paid by all the customers
of the company similarly situated to
him , and the price fixed by the publio
authorities of the city ; and it is neb
true that there was any design what
ever on my part or that of the company
to cause him or his family inconven
ience and trouble by shutting off the
gas , but the same was done solely because -
cause ho did not pay his gas bills and
In compliance with a positive personal
notice to him thai such would bo the
caso. J. H. HKY\VAUI > ,
Subscribed in my presence nnd sworn
to before me , this 10th day of AuffUet ,
1889 , GUBTAYJl ANDKUBOK ,
[ Seal.J Notary Public.