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