THE OMAHA DAILY BEE : SUNDAY , MAY 17 , 891-TWENTY PAGES.
SIMPLY PRINTED THE NEWS ,
No Mniice in The Bee's Publications Oon-
jeraing Lintoa J. Uthar.
I
ARGUMENTS PRESENTED TO THE JURY. I I
Cannot I'n I'rolilblteil
from Printing NYw Obtained
1'ront lt < ! llall Sources
'I'lio Judge's Cl
In making his argument for the dcfcnsq In
the CASO of L. J. Ushur v * . Tun Bun lu the
federal court yesterday Mr. John L. Web
ster sjwko substantially as follows :
The case presented for your consideration ,
gentlemen of the Jury , Is fraught with many
peculiarities. I can safely say that after
twenty years of practice 1 never had the
handling of ono of so much strangeness.
The story detailed by FlorctUi Russell , and
which has been made the subject of this
action for damages , Is onu of marvelous , In
tricacy and perplexing mystery. The action
of the plaintiff , too , Is peculiar. The fart pre
sents Itself that ho stands charged with some
things that nro strange and astonishing , and ,
not Insisting on his Innocence , ho asks for a
vindication of character in so many dollars
and cents. Ho shields himself behind Iho
presumption of tbo law. that a man Is Itir.o-
cent until proven guilty. This kind bcnili-
ccnco the law shadows over him.
There was a way , a clear aad untrammeled
way , open for an inquiry , but ho did not seek
It , Wo do not como here as prosecutors , but
the probability of the truth of this story is
entitled to consideration. But wo will take
tbocnsu where he himself put it.
The complaint alleges that Tin : BEI :
published tbeso articles with the
full knowlcdgu that the facts they embodied
were talso , that they were published malic
iously nnil with the puroso | ) to injure und
damage Mr. Usher. Wo say simply that the
story was gathered from the channels wl.cro
truthful Information is supposed to bo gath
ered , and Unit there was rensonnblo cause to
believe in their truth , and that there was no
purpose ! whatever to injiiro or damage Mr.
Usher. Wo stand simply on n general de
nial , and circumstances In mitigation of dam
ages for the tncro publication of the articles ,
but Usher's guilt or Innocence stands with
out proof or disproof , and the jury must
draw such conclusions as it sees proper.
The story was ono calculated to convince Iho
most incicdulous when told. 1 care not who
It was who gathered the Information , drop
ping from tbo lips of n woman , running bacK
through years und weaving in Its bodv thu
peculiarities that were touched upon. It was
n story that could not have been thrown
asid c until proved , und thcro was ample jus
tification in giving It to the public. U was
first told to the policeman , then tbo woman
Is taken before the chief , who was so im
pressed with its serious character , that ho
sends Immediately for the county attorney ,
that ho might bo brought into consultation
upon the necessities nppnrent. It took the
county attorney moro than n half hour to hoar
Floretta Hussoll's he's skilled
story , a law
yer , n trained prosecutor of criminal cases ,
and fo convinced was he of Its truthfulness
that he makes no delay in draftlnc thu Information
mation charging robbery. When the chief of
police nud the county attorney were so con
vinced of the reliability of this story that
they felt instilled in stretching outthostrong
arm of the law to nrrcst this supposed crim
inal , it is not probable that you will say that
Tin : Bi'.r. should hnvo disbelieved what these
high officials deemed true that THK BEI :
should have stamped It as a fabrication and
an untruth.
Long before the articles appeared In the
press criminal complaint was filed In the [ > o-
llco court. It detailed thu cburccs nealnst
Usher of robbery In accordance with the
wotcnnVntory. Floretta liussell went before
the police Judge and under oath declared the
facts sot forth In the nflldavlt as tbo truth.
Tun BCK not only had the story ns de
tailed by Officer Hozo to the chief of police
and county attorney , but last nud above all ,
the testimony of this woman that this crime
had taken plucn.
Look ut the story from another standpoint ,
nnd see what the Impression will bo upon
your minds. Put yourself In the position of
n newsgnthcrcr , and listen to the story as It
emanates from the official sources , wouldn't
you believe thcro was good foundation for it ?
Mark when It begins , back ten years ago ,
In Kansas , where Usher lives. Floretta tells
you of Usher & Harvey's cattlu transactions
with a grnphlcncss of detail I shall not at
tempt hero. Is It not conceded to bo
the truth ? She tells of her con
nection with them , of the mysterious
.death of the young man , said to
nvo been murdered by polsloning , of Hnr-
voy'.s subsequent adversity nnd suicide.
Then tbo confession made by Usher and its
closeness to the story by Russell , as told the
reporter. Her story of the agreement be
tween herself and Osher , that ho , to purchase
her silence , was to give her n certificate of
deposit for$10,000lpnynblo ono year later.her
acceptance , her subsequent life In want and
misery at Kansas City , how she was watched
and doggednot only there , but on her Journey
to this city. How she was approached while
on her way to the bank in this city by u
stranger , who called her bv name , then
snatched her handsatehol containing the cor-
tillcate , and fled. How she applied tb thu
police , and nt noon of same ilny saw Usher
nnd another stranger take n back at the Millard -
lard and bow County Attorney Mnhony hur
riedly drew up his information in order that
the criminal should not escape.
Now Usher comes hero In an action of this
kind , shielding himself under thu protection
of thu law , which presumes his innocence.
Kemcmbor not ono word goes to this Jury
that says that this story is not tmo. And
this petition for damages , gentlemen , Is an
evasion of that question , Is It Ushur's name
attached to these allegations , is it Usher who
wears to these averments } no indeed , but
the name of his lawyer , A. C. Troup , and it
Is A. C. Troup who swears to the
truth of these averments. Ho didn't
take much time to llio the pa
pers In this suit. Two days , only two
days , after this story had beou'dctalled to Iho
reporter. Mr. Troup rushes forward and
charges I'm : OMAHA BEH with maliciously
slandering his client , a man whom ho bad
never before this tlmo laid eyes upon.
Mr. Webster then road the articles pub
lished in THE BEE on thu morning of July 10 ,
showing that not n single word hud been said
about this man Usher , that his name no
where appeared , but instead the name orig
inally given , that of John L. Hush , nnd not
Lincoln J. I'shor There is no similarity
oven in the two names , but instead of Unit ,
* there was n John L. Hush in this city , n prom
inent ritl/en nnd office holder , nnd the people
plo did not connect him with this
crime , then why Usher ! Tin : BIH :
had never heard nt that tlmo of Lincoln J.
Usher ; didn't know that such a precious
being graced the face of tbo earth , but ho
takes to himself what was charged against
another. Tbo first tlmo bis name was de
veloped was in the publication of complaint
tiled in thn police court. After that there
was no further recital of what these of
fenses were. But what did TIIK BIK : do ! It
then Immediately seal u telegram to Kansas
City to find out who Lincoln J. Usher was ,
> n all honesty and fairness toward a man
who might hnvo been injured bv alleged con
nection with n crime , and on July IS TIIK
Bur. publishes bis side of the story
In his full vindication. Then there
Is this woman , Florott liussell , the fountain
bead from which all this impure water
llowed. She walked these streets free nnd
unmolested , and Usher never once raises his
bands against her , never once seeks redress
nt her hands , never once declares that she
committed perjury In her story to the police
and county authorities , vet ho comes hero
nnd asks for foO.OOO damages against Tin :
OMAHA BEE , und Mr. Itosowntcr had offered
every reparation , offered them space to rebut
nil that had been said , and even offered to
write a column In vindication hnnself If thu
material for vindication was offered him.
When Cm other side comes to argue this
coso they will probably tell you of Uubcr's
being a sou of a member of Lincoln's
cabinet , lu fact the last of a great family.
This tracing of ancestrr reminds me of u
little story of a couple of California horso-
men. who were expatiating upon the merits
i of their flyers. Ono of them traced his
steeds back through an almost Interminable
lineage , back to the days of tbo colonies , nud
farther yet , Into Kugland ID the days of
ueorgo H , giving sire and dam , mid dam nnd
! ro with precision of truth itself. When
bo had finished , the other horseman naked
him how far bark ho could trnco back his
own famllj. and ho couldn't go beyond his
grandfather showing that with him the
imlinal predominated over tbo man. So with
Usl.i.'r , ho wants damages because ho was
thu son of an Illustrious hire , not the
rc-estnbllshmcnt of his owu good char
acter , not the honorable vindication ho might
have possibly obtained through the gonur-
oslty of Mr. Kosewater and his paper , but the
solace of money , that's the vindication Usher
wnuts , money ! Now you ure not hero to de
fend any man's ancestry. Wo are American
citizens , without tltho or tltlo to nob'.llty , but
man to man , ono enjoyim ? the same rights
nnd prerogatives ns the other , notwithstand
ing his birth , whether It bo of high or low
dugrco. And so It mutters not whether this
man descended from ibo palace of nobility ,
or the hovel of povcrtv , ho stands ou his own
bottom , and must bo dealt with strictly ac
cording to his Individual deserts. Keincm-
bur you nro here to protect the Omaha Br.i :
from the venal assault this man makes upon It.
lie is not hero tu speculate on his reputation ,
and yet hu throws It Into the balance as
proof of damages and tu add to thu magni
tude of vour verdict. Not only has he
brought his ancestry Into this case but bo
appeals to thu name of his good father und
aged mother nnd throws them Into the con
test , ns the speculator takes bis money to
gninble on the board of trade. In courts of
justice wo tread titles at.d rank Into thu dust.
None hero would do more Ihan your speaker
to add any wreath to thu glory and fatno of
Lincoln and his cabinet. But hero wu deal
with American citizenship nnd in
dividuals alone. Thu man may live
in n humble collage. The rain
I man trickle the shattered rcof. The winds
1 may blow the broken windows , the heat or
cold may make entrance around the old nnd
decrepit door , nevertheless It is the homo of
a man. When ho up ) > cals to this court the
Judges whoso presence Kracu yonder bench
will extend lo him the like protection nnd no
less than shall ho accorded thu man who
dwells in nj.nlacu or prides himself In n titled
ancestry.
Is it vindication you want ? Vindication of
whatf Your character and your reputation I
If so why did you shun tuo offer of Koso-
water to publish anv vindication you wanted f
True vindication is In proving Innocence of
crime , yet you bring n law suit in such form
that your guilt or inuocenco cannot be in
quired into. The wiiy was open to you. A
criminal complaint had been tiled against
you. Floretta liussell had signed that crimi
nal complaint. She had raised her hand up
ward toward the heavens and sworn
In the pretei co of her Oou that the
criminal charge was time. The complaint
was then lodged in a court. A warrant was
Issued by the judge. The otllcers'of Ibo law
were In search of you. You avoided the ar
rest by remaining In the state of Kansas.
When a requisition was out for you , you still
did not surrender. Possessed of full knowl
edge of these proceedings you failed to wel
come or surrender to the summons of the
law.
If you were honest in your desire for a
vindication of your character whv did you
not ilee to the court of criminal jurisdiction and
face your accusers and prove your innocence
In the channels that were open to you !
Floretta Russell yet lives In Omaha , yel you
have not faced that woman on tins charge.
The law was open to yon to punish her if she
slandered you , yet you do not. If she com
mitted perjury you had your remedy , yet you
Improved It nut. You como here only under
the protection of this court us a wilncss in
your own suit to recover damages for the
publication of a criminal complaint which
you hnvo not the courapo to meet
Gentlemen of the Jury , well mny It bo true
that Kn.sowa.tor does not know whether this
man bo innocent or not.Vo uivo him the
presumption of Innocence that the Uw
Ibrows about R a beneficent shadow nnd
rely upon our honesty of purpose and as
faithful historians of current news In pub
lishing tbo Information that was gathered in
the channels nnd from the sources whence
comes the secrets nnd records of public
crimes.
The name of I Edward % Roscwatcr is n
synonym lor energy. Ho Is u Napoleon In
pluck nnd endurance. Ills pen Is an enemy
to corruption In local government The venal
in high and low places shun his displeasure.
The cowardly are afraid to fiico his courage.
When almost a boy ho came to Omaha poor
in purse , but proud In spirit. Hu has kept
pace with the growth of the city and ex
panded in thought and mental grasp , with
the extended development of the state.
Tin : OMAHA Br.n , at its first adventure In
the field of journalism , was a little sheet that
hovered about In uncertainly as to Its influ
ence or duration. Jt was tbo magio band of
Kosowator that made it develop. Ho deter
mined that it bad been born not to die , but to
live. Wo remember It when Issued from n
little printing house that an enemy burned to
destroy it , but phoenix like. It arose from the
ashes. Today wo see it issued from that
magnificent palace ou the bill. From its
humble beginning It has gone on until it became -
came established in the largest newspaper
building in the world.
Three hundred men and women nnd boys
there find employment Six hundred agents
und correspondents belong to its corps of
workers. Two hundred thousand dollars lu
wages arc paid out by It annually. Its value
to thu community in financial work is a rival
to the banks and manufacturers. It
ha. ' surpassed In circulation and
influence newspapers of Kansas City.
St. Joseph , St. Paul , Minneapolis nnd
Denver. The states of Kansas , Iowa , Indi
ana , Wisconsin , Minnesota and Colorado do
not furnish its equal. It surpasses every
newspaper published in the southern states ,
with thu single exception of the Louisville
Courier-Journal. It Is today the grcat-
cst newspaper between Chicago and
San Francisco. Of the ' . ' 0.000 newspa
pers and periodicals published in the
United States and Canada only sixtv are its
equal or superior. Its 20,001) dally "circula
tion , si > eaks to over 00,000 people from Isow
York to the 1'acitlc ocean. Its vast develop
ment , having reached almost monumental
grandeur , Is the work of Kdwnid Kosnwatei
und his corps of assistants , movct
and controlled by his energy and ability.
Such is Kdward Hosewnter , against whom
this Jury Is asked to render a verdict. Such
is the editor and proprietor of Tim OMAHA
Dr.K , whom this plaintiff asks you to punish
by damages to vindicate the plaintiff's ropu
lution.
The history , the career , the energy , tbo
ability and the hiunly courage of Kdwan
lloscwater is a stronger np | > enl to you to do
him justices than any appeal that I. us an hum
bio Inwyor , can make in his dofcnso.
Tlie iludso'H Clinrur.
The following Is Judge Dundy's charge to
the Jury :
You are instructed by the court that no
newspaper has any right to trifle with the
reputation of uuy citizen , or by carelessness
to Injure bis good name and fame or bus !
ness ; and tbo reporter of n newspaper has no
more right to collect the stories on the strec
or oven to gather Information from pollcemei
or magistrates out of court about n citizen
nnd to his detriment , and publish such stories
nnd information as facts In a newspaper than
has a person not connected with a newspaper
to whisper from ear to car thu gossip and
scandal of the street
You nro further instructed by the cour
that if , from the evidence in this case and
the instructions of the court , you believe
that the plaintiff Is entitled to recover herein
then you should , in estimating the damage !
to which ho Is entitled , consider the defamu
tor.v words themselves , the ago nnd condition
of the plaintiff , his mental sufferinc , if any
bo proved , caused thereby , nnd the Injury , if
nu bo proved , to thu character nnd reputa-
tlon of the plaintiff caused by such defama
tory words , und you should nud your verdict
accordingly , not exceeding In "amount the
sum claimed.
You nro further instructed by the court
that if you believe from all thu evidence in
this case and the instructions of the court
that the plaintiff is entitled to recover
herein , then , in estimating the plaintiff's
damages , you will not be restricted to the
mental suffering of the plalntlff.lt any bo
proved , or tuo Injury , If any be proved , to bis
character or reputation caused thereby
prior to tbo bringing of this suit ;
but you hnvo the right In such case , lu esti
mating the damages , to consider the men till
suffering of the plaintiff , if nuy bo proved , or
the injury , If any bo proved , to his character
or reputation caused thereby during bis entire -
tire life , prolonged during thu usual period of
expectation , according to the ordinary ex
perience , und these damages , If proven ,
should bo assessed against the defendant
without any reduction on account of the want
of malice , If proved , of tbo defendant in pub
lishing said articles.
If tbo wrcug was actually done to the
plaintiff by thu publication of the articles In
question it would bo wholly Immaterial so far
ns his right to recover for the actual damage
is concerned , whether or not the publication
was douo through malicious motives. If the
publication was wrongful , however , and
if tbo plaintiff was actually dam
aged thereby in his feollnrs or his
reputation , whether or not the party
who published the article , or the paportLat '
published It , It Is wholly immaterial whether
or not It wiu maliciously done so far ns the
actual damages nro concerned. Hut to go |
farther , 1 will say that if the publication was .
wrongful , and It was maliciously done , then I
you might go farther and punlnh the wrongt :
doer fnr thu wrong done to the Injured party ,
The court Instructs you that If you believe '
from the evidence In this case that the dei i
fondant published of nnd concerning the
plaintiff tno articles sued ui > on , and that the
plaintiff suffered mental puln nnd was Injured
in bis character or reputation by said pub
lication then and In that case such mental
pain ntrd suffering nnd such Injury to
plaintiff's character or reputation nro actual
damage * , and cannot bo reduco.1 or mitigated
iy proof that the defendant published said
Articles in eood faith and without any mitlico
oward plaintiff. That should bo taken In
: onnoctlon with the other instructions , and
vhen that Is done both arc moderately plain
The court Instructs you that It Is not ncc-
ssary to render an act malicious that the
inrty be actuated by n feeling of hatred or
11 will toward the Individual , or that ho on-
ertnln nnd pursue any general bad purpose
r design. On tbo contrary , ho may bo
ctuuted by n general good purpose ,
nd have n real und sincere de-
Ip.n to brine about u reformation
f'mutters ; but if in pursuing that design
ic wilfully Inflicts a wrong on others , which
Is not warranted by law. such net Is malic-
ous. That is , If they wilfully do the Injury
o the person who complains of the wrong ,
hen tbo responsibility attaches.
The Jury nro instructed that to prove that
ho publication of the articles In question by
be defendant was malicious. It Is not nccvs-
ary for tbo plaintiff to show that the
defendant had a personal Ill-will or hatred
: oward plaintiff : but the court Instructs
rou that even if you believe from the
? vldcnro that the defendant and its ofllcors
ivcro entirely unacquainted with plaintiff nt
: ho lime of tno publication of the articles in
juestion , yet , if you further believe from the
vldenco Iu this ciso that the defendant pub-
ished said articles recklessly nud without
using any reasonable endeavor to verify the
same , or to ascertain whether the statements
contained In said articles were true , and
published the same without any renson-
nblo regard for the rights of plaintiff
then you have a ricbt to Infer that the publi
cation of said articles by defendant was mu-
Icious In law.
I propose to explain that. Now , if thcro
ivas no testimony atall outside of the publi
cation of the articles themselves to show that
ho defendant or Its agents or representatives
ncted in good faith , In doing what was done
In this particular Instance , then the jury
might probably infer that tbo pub
lication was malicious iu Its char
acter. That is , If there was no
testimony at nil that explained tbo motives
and cave the reasons for umbering the in
formation and securing it in tbo manner in
which it was done , nnd publishing It In thu
paper , then you might infer Unit It was ma
liciously done. But thcro Is evidence here
that shows or tends to show the very facts
connected with the inception of the proceed
ings , how the information was obtained ,
what steps were taken to get it , tbo officers
applied to who officially furnished the in
formation sought , and all about it , you nro
to say whether or not the defendant in pub
lishing the article in question u > .cd due dili
gence in procuring the information and veri
fying the reports published.
I want to go further and say : You heard
the question of privileged communication dis
cussed during the progress of the trial. It is
well understood what is memit bv privileged
communication : n paper may publish , and bo
justified In publishing such information , even
though It bo slanderous. Where the proceed
ings take place in open court , us they have
taken placehcro , that everything that is said
and done In connection with the prosecution
from beginning to end is n privileged matter ,
nnd a newspaper may properly publish it.
A newspaper bus the right to do it , where
the public have a right to bo present to boar
what is said , nnd anybody that wants to
know or has n curiosity to know about what
takes place iu a court of Justice may know It.
Hero was tbo Information verified by the
oath of the accuser kept lu the office
of the police Judge , and its con
tents were communicated to some of the
police officers , u warrant was Issued ,
and placed in tbo hands of nu officer ; thu tes
timony seems to show that. 1'ou know for
yourselves what , the facts were as shown by
the proof. But where other Information ex
isted , where an information was made before
the county attorney , as is claimed to have
been in this instance before Mr. Mnhonoy ,
who represented the county ns county attor
ney , nnd whoso business it was to proceed
against the party , whcro the information Is
laid biforo him and ho interests himself
enough to prepare an information , and he has
the party to go before tbo officer and verifies
It on her oath , placed it in the bands of the
police judge for the purpose of having him
issue a warrant thereon , nnd tbo warrant is
issued ; is placed In the hands of the police
officer anl after that is douo it is claimed
that Tin : Bin : , or the officers representing
TIIK BEI : , procured this Information from the
sources stated. Now when that source
of information is opened up would
not an ordinarily prudent and reason
able man have reason to believe
the truth of the matters that nro there ? If
not , why then TUB Bui : wguld not bo Justi
fied In "printing or believing it to bo true ;
nnd If the fasts and circumstances of disclos
ing the information to the parties who repre
sented TUB BIB : , and who prepared and pub-
llshcd tbeso articles , If they were such as to
induce n reasonably prudent man to
believe that they were true , then
they effectually rebut the presump
tion of malice. You must Inquire
finally , whether or not tbo sources of In
formation being opened to the parties repre
senting Tun BKK ( as they were ) they pro
cured the information and believed ft to bo
truo. If so. that rebuts the presumption of
malice. If that bo true no punishmcut ought
to Lo Inflicted upon TIIK Br.n or its repre
sentatives because of any claim there may
be made hero that it was maliciously done.
The court instructs you that if jou believe
from tbo evidence in this case that the cle-
fcadant published of and concerning plain
tiff the articles complained of herein , nud
that plaintiff was injured thereby , uud if you
further belluvo from the evidence that the
defendant In publishing said article was
actuated by malice or ill will towards suld
plaintiff , then nud In that case you may as
sess in your verdict against the defendant , In
addition to such actual damages , if any , sus <
tallied by plaintiff by reason of such publicii
tlon , exemplary or punitive damages , nnd
you nro Instructed that in determining the
question whether defendant in publishing
said articles was actuated by nmlics , you
have u right to consider all the facts in evi
dence concerning such publication ; and you
hnvo u right to infer the existence of mallei
from the absence of probable cause , i
proved , for making such publication , or from
a want of care , If proved , or negligence , If
proved , in the verifying of the statements in
said articles or In the attempts to ascertain
the truth thereof.
'J ho Jury are instructed that the fact , is
proven , that ICdwud Hosewotcr , tbo editor of
TIIK OMUIA DAILY BKE , was absent Iroui the
city of Onviha at the time thu articles were
published in said paper , is no dofohso to this
action and docs not relieve defendant from its
liability , if uuy , to plaintiff because of such
publications.
For tbo purpose of proving , so far as cat :
bo done , by posillvo proof , or by any witnes
who might be placed on the stand that ni
malice existed ; placing Mr. Kosewater on the
stand , is for the purpose of showing thai hi
was out of the city when the paper contain
Ing the libel was published , and did no'
know anything about ibo plaintiff iu this suit ,
thai ho was a stranger to him. This is done
simply to rebut any testimony that mign
exist to show that there was any mallciou :
intent or motive on tbo part of anybody con
nectcd with the paper , so far as hu was con
corned. Then again , Hunter , the party
under whoso direction tbo articles were prepared
pared , as claimed , was placed on tbo wllnos > :
sland and be was asked the same thing , und
ho claimed ho did not know anything abou
the plaintiff , nud then ) could DO n
malicious motive toward. him s >
far us ho was concerned. St
on , through the catalogue. Take al
the testimony togelhcr , examine the motives
of the parties controlling the paper for this
purpose , of showing whoUleror not they hac
any maliciods Intent or bad motives toward
the Dlalntltl in publishing these articles.
If you find for tbo plaintiff at all you havi
got to lind what damage lo : has sustainet
and bow bo has sustained them. Take Into
consideration the fact that ho Is young , the
fact that ho U liable to live much longer thai
If bo were sixty or seventy years 01
ago , the amount of physical and mental
agony that might result from tbo publication
of such an article , whether or not bo has
been injured by those who have seen nnd
read and know anything about the articles
in question , and If so , what is the extent o
the injury that ho has sustained In con
sequence of the bad impression mad.
on tuo neighbors , friends and acquaint
nnces. and that stwftvgers may have formed
of hl character by , ym articles In question !
All that Is to be considered , nnd It Is that
which Is to make up" 'his actual damages.
Now , the question arlnes , how are you going
to do that ! I don't knpw. There Is no way
that you can measure It lu the shnjx ) of dollars
lars and cents. You must take Into consid
eration nil the fact * tml circumstances relat
ing to the damage ho has actually sustained.
If his neighbors and 'niqualntAnccs who read
thu paper did not belloru n word of It , us far
as they were couccrevU his reputation would
not bo much liljurcd. But If the
people generally around the country , nnd
the neighbors bellovcnft so , that his presence
would bo di9tn.5tcful.nnd repulsive to them ,
or n part thereof , that , may bo properly con
sidered. That the plblntlff Is the sou of the
distinguished John P. Usher , who was in the
cabinet of President Lincoln , manes no dif
ference. This plaintiff must stand
on his own merits. Ho must
recover on bis own reputation If ho
does It at nil. Ho stands no higher here , nnd
Is entitled to no more consideration ttutii If
his father was not n prominent man , Llnton
J. Usher stands hnro with bis character un
blemished so far ns wo know , unless blem
ished by these articles , nnd you must treat
him the same as any other son of any other
father.
Tbo burden of the proof i.s on the plaintiff
to show that ho has been damaged , and he
must show It by n preponderance of proof.
What I mean by a preponderance of proof 1s
proof that Is stronger , better , moru convinc
ing and therefore more reliable than that pro
duced In opposition thereto.
Has the plaintiff produced testimony to so
satisfy you ! Is tbo preponderance of proof
In bis favor that satisfies you that bo his
been damaged ? If so , then find accordingly.
Then you must fled a verdict lu his luvor to
the extent of tbo injury that has been In
flicted on him by the alleged publication of
these articles.
At H o'clock last night the Jury returned a
scaled verdict , which will bo received by
Judeo Uuudy ut the opening of court tomor
row morning.
It'Oltl.lt'A F.I 111 Jl.tTTJKllS.
hoiuas Kdlson Advountc * ) Clica ] > Al-
inlshion and Sunday Opening.
CHICAOO OFFICH OP Tin : Brr , I
Cinc\oo , Mny 1(5. ( f
Before leaving for New York yesterday
homos A. Edison conferred with some of
bo world's fair directors In several matters.
Iu arguud for 25 cents admission und
ipenliig of the fair ou Sunday
the latter for the reason that
housands of labonne people must go ou Sun
day or not nt all. Tbo officials were im
pressed with the argument for 25 cents ad-
nisslon and the matter will bo laid before
ho directory.
World's fair labor matters nro much nearer
a solution than they were before the confer
ence meeting last night. While no action
was taken on the question at Issuo. H Is
understood that they will accede lo the de-
nands of organized labor. The directors
istened tonrcumonts by the labor leaders
for the fixing of a minimum basis of wages
and llnully concluded to hear members of the
builders' cxclmiiL'c on the subject next week.
The opinion of several directors Is that the
minimum rate will be conceded.
CIIICAf.O II. AO. . TKIIMINALS.
The Baltimore & Ohio road has finally set-
led the question of terminals in Cblcrgo and
will erect a magnificent passenger depot at
Hnrrisouand HhlsteaU streets. At that point
it is said the railroad company already lias
purchased nearly an entire block of land. Tbo
various pluns for terminal facilities which
have boon mentioned in thn past bavo been
entirely changed. Tno Chicago & Calumet
terminal road righl.pf way will bo used as
far northwest as the Junction it makes with
the Chicago Ceneral'road at Blue Island. At
that point the right , of way of the latter Is
taken up and followed directly north to
the line of the belt line , where Iho
road continues along' ' the west side of
the Pan Handle line , crossing It at Thirty-
inth street and comlue down over a now
icht of way to tho'depot ' at Halstcd and
Harrison. 'Ever sinoo the Chicago Central
road was started it bus boon uncertain who
was building it. It was supposed that the
Northern Pacific wns'behind the project , but
it has now becomq known that the Balti
more & Ohio people are the real ouos Inter
ested.
WANTS A PIVOIICK.
Mrs. Vclma H. Coombs today applied for a
illvorco from her husband , Charles F.
loombs of Omaha , od the ground of deser-
tiou. The decree will bo granted.
WKSTBHX I'nOI'l.E IN CIIICACIO.
Among the western people in Chicago to
day are the following :
At the Palmer Mr. and Mrs. G. E. Moln ,
Waterloo , la. ; T. Hlogchman , Dos Moiuos.
At the Auditorium Oeorgo W. Gray ,
Omaha.
At tbo Grand Pacific E. E. Naucle ,
Omaha ; Mr. und Mrs. I ) . A. Siegfried , Sioux
Falls , S. D. ; H. F. Bateheller , Miles City ,
Mont.
Mont.U
, U the Sherman T. A. Carpenter , DCS
Moines , Iu. ; C. A. Penllcld , Fremont , Nob.
F. A. ATKINSON.
T131RKK ItKnVltI
Circular Letter of Ii > Ktructionn to
S'pouitil Agcnlw.
WASHINGTON , May 10. A circular letter of
Instructions to special agents , relating to
Umber reservations , was today promulgated
from tbo general land office . After uuoting
Section ' . ' 4 of tbo general landjact of March 3 ,
1S91 , the circular says : "To carry Into ef
fect certain provisions it becomes linportantto
reserve nil public lands bearing forests or
covered with timber or undergrowth on
which the limber is not absolutely rcquirod
for the legitimate use and necessities of the
residences of the state or territory iu which
the lands are situated or for the promotion of
settlement or development of tbo natural re
sources of the section of the state or territory
in tno immediate vicinity of tbo particular
lands iu question. In so doing it is
of llrst importance to reserve all public lands
in mountainous and other regions which are
covered with timber or undergrowth at the
headwaters of rivers and along the banks of
streams , crooks nnd ravines where suoh tl m-
ber or undergrowth is the moans provided
by nature to absorb and check the mountain
torrents nnd to prevent the sudden
nnd rapid melting of the winter's suow
and tbo resultant Inundation of the vallev
below , which destroy the agricultural und
pasturage interests of tbo communities and
settlements In ttie lower portions of the coun
try. For the purpose of securing the nccos
sary data upon which to base recommcnda
lions for such forest reservations , tbo com
missioner gives full and explicit instructions.
A summitry of these Instructions are to the of-
feet that spociat agents , upon being detailed
to secure the data in question , arc required
to proceed without fiudno delay to make in
the districts assigned them n thorough nnd
careful personal cxbmlnatiou of the public
lands bearing foresti of covered with timber
and undergrowth and ascertain by personal
observation and by Interviews with govern
ment nnu state otlldfaik Iu the vicinity of
such lands and with citizens who have an
interest in the public welfare of all facts
pointing to the vaiuo of said
forests or timber lunds for all uses ,
purposes and requirements , and to promptly
report upon the same to the general land
onico. Hofero suonritflug his report , but
after making an examination of the timber
lands of any druina . basin , and having de
cided to recommend .uiu same for reserva
tion , the ugcnt is required to publish a no-
tlco of his intcnllondn order that any per
sons interested may.be hoard upou the sub
jects. '
It Is n well known fact that Secretary
Noble und Commissioner Carter nro very
much in earnest to preserve the forests ol
tbo west , und every effort will bo made to
speedily carry out In a liberal spirit the pro
visions of the act of March ! t , Ib'.M , which ro-
lutes to this subject. It Is not yet decided
how many agents will bo assigned to this
special work , but it Is believed that all who
can bo spared will be ordered to begin at
once.
Had a liruMi with Outlaw * .
WICHITA , Kan. , May 10. A report roceivet
from Norman , Oklahoma , snvs that a scou
from the Interior of the Choctaw nation re
| K > rts a brush last al ht between a | x > sso o
deputy Lnited States marshals and a gang
supposed to bo tbo Ualton brothers and their
fellow outlaws , who held up and robbed the
Santa Fe train near Wharton , 1. T , Satur
day. Tbo o Ulcers surprised tbo outlaws
camp and after the Interchange of shots tbo
robbers mounted their horses nnd escaped in
the darkness , leaving their camp equipments
behind.
ITS WHEELS READ ? TO RUN ,
Omaha's ' New Advertising Ageuoj Will
Begin Operations on Monday Morning.
GEORGE P. BEMIS FOR SECRETARY.
List uroilluors , Directors nnildlH -
ory Hoard Sonic Opinions of
Wcljjut ntul VnliH' Hnoour-
Outlook.
The Omaha Koal Estate Owner's ossocln-
tlon has completed Its organization and Is
now ready for the nctlvo protcrutlon of the
work before It.
Mr. George 1' . Betnls has boon chosen secretary
rotary of the association and rooms havn |
bren secured on the second floor of Iho New-
York Lifo building. Commencing un Mon
day morning thu rooms will ba open from S
a. m. to (5 ( p. m. dally.
The heavies t property owners lu the city I
nro members of the association and It Is ex- !
| > ected that great good will result from their I
uultcd efforts In directions planned by the !
officers nud advisory boird of * ho associa
tion. The members represent fully $1,000-
000 worth of Omaha realty and they leol that
with such un Interest they should unite
their efforts for the general auVnucemout of
the city's Interests.
The object of the association Is to concen
trate the forces nt its command It. an effort
to work out general good for the city and the
people in the way of securing the location of
additional manufactories , the advertising of
the city , the planning for a general system of
public improvement , satisfactory anil equita
ble to the owncrc. the election of good men to
olllce , the reduction of taxes and the more
equal distribution of the burden thereof , to
look after thu voting of bonds , the disposi
tion of franchises , the enactment of xvlso and
reasonable real estate laws , the encourage
ment and protection of labor and t > iu ccucral
dvuuccmcnt of nil the interests of the city ,
, s well as citizens.
With iln organization of this kind Omaha is
quipped for any emergency , greater conll-
lence will be Inspired at homo as well as
way from homo ; money will pour lu freely ,
is Investors look upon such an organisation
as a guarantee of snfi'ty and an assurance
tint their interests shall receive all necessary
iffltecllou.
His believed that not less than fifteen
housuud owners will willingly become mom-
) ers of an organization of this kind and freely
contribute to its support. The expenses will
o very light , especially on the poorer class
f owners , while these who are moro able
vill doubtless bo willing to contribute more
iberallv. All , however , should come In on
he snmo footing , as men nnd influence are
leeded instead of largo amounts of money.
The officers of the association are. Georue
1. Boggs , president ; John T. Colliers , vice
iresident ; George P. Bemis , secretary ; di
meters : Geurgo N , Hicks , George P. Bemis ,
I. S. Gibson , W. S. Ponpleton , Georco H.
Jogps. A. L. Heed. John T. Calhcrs , .loir W.
Sedford , Erastus Benson , C. H. Scott , St. A.
) . Ualcombe. W. .1. O'Donohoo.
The members of tbo advisory board nro.
Icnnnii Kountze , Joseph II. Millard , C. W.
lumilton , Max Meyer , H. W. Yates , J. L.
tloi'ncuo , Henry Bolln , O. M. Carter , Alvln
Sounders , J. J. Brown , John A. Creighlon ,
William A. Puxton , Samuel 13. Rogers , W.
Cendnll , A. J. Simpson , Guy C. Baron -
, on , George B. Luke , James Crolghlon ,
lohn A. Horbaeh. James E. lioyd ,
- , . W. Hill , A. J. Poppleton , L. Kosewater ,
C. S. Chase , G. M. Hitchcock , Georco L.
Mlllor , F. Krug , sr. , F. Motz , sr. , H. N.
Withnell , Byron Kuod , Charles Turner , A.
T. Huiiccotn , C. J. Karbacb , J. B. Kitchen ,
S. D. Mcrcor , Benjamin Smith , L. S. Uccd ,
James M. U'oolwortb , J. B. Finluy ,
Heury Pundt , A. P. Wood , James Forsyth ,
Clement Chase , George VV. LIninperVnr -
ren Swltzler , Cadet Taylor , Chris Hartman ,
John B. Evans , C. C. George , W. J. Council.
A meeting of the ofllccrs nnd members of
the ndvisory board will bo held at the asso
ciation rooms nt 4 p , m. on Tuesday , when n
general plan of action will be decided upon.
Thi tlmo Is ripe for an effort to place
Omaha's advantages before the mouoy hold
ers of the world and the officers of the asso
ciation feel thai steps looking to this end
should bo taken at onco. Omaha is getting n
Hood denl of gratuitous and beneficial adver
tising Just at present from sources that com
mand universal attention. The Philadelphia
Pres in a recent issue says :
"Tbo other day , with a group of dis
tinguished railway men about him , Mr.
Depowput his linger on the dot which repre
sented Omaha on thu map , and , speak
ing with great seriousness nnd earnestness ,
be declared that hero was about to bo the
center of the American business empire the
center from which should flow the pros
perity , colossal nnd magnificent , beyond thu
dream of any imagination , which awaited
the people of the United States in the life
time of mnny of these who are eveu now
past their majority. "
President Harrison , In his address on
Wednesday , paid the following highly com
plimentary tribute to Omaha's greatness :
These mighty structures dedicated to com
merce , these majestic churches lifting their
spires toward heaven , those many school
houses consecrated to teaching th'oso who
shall In Ibo future stand In our places and
assume the responsibility of your pub
lic Institutions , these great stockyards
where the meat is produced which is
raised by the great Missouri valley , these
thousands of happy and comfortable homes
all characterize 3'our great city. It is a mar
vel , n tribute to the power and enterprise of
the American people , nnd is unsurpassed by
any city in Iho United States. "
Secretary RUSK and Postmaster General
U'auumakor also uuded their trib
utes. Mr. Rusk said : "Nebraska
is decidedly the sweetest stnto
in the union , " and Mr. Wanamaker said : "In
iny opinion , Omaha has moro business en
ergy to the square Inch than nnv other city
in the United States. "
To take duo advantage of the favorable
impressions caused by such complimentary
anil voluntary tributes us these Is one of the
objects of the Heal Estate Owners' associa
tion.
Ott. II It I tiCH ItKFKXUKH.
Manifesto from tint Faculty or Union
Theological Seminary.
New YOUK , May 10 , Concerning the dis
cussion of Hev. Dr. Brlggs of the Union
theological seminary , the faculty of that in
stitution today issued a manifesto In which
the following paragraph occurs : "After
years of familiar acquaintance with Dr.
Brlggs and his teachings wo are moved to
utter our protest against thu spirit nnd Ian
guage with which In so many cases ho has
been assailed. If In any of these writings Dr.
Briggs , as Is charged , has wantonly offended
the honest convictions of good men , or has In
any other way sinned against the ethical
code of Christian scholarship laid down In
the new testament , it is not our business to
defend him therein ; ho roust answer for It to
his own conscience and to God. But in tbo
public discussion In a matter of opinion It is
neither right nor decent that an earnest , de
voted scholar and faithful teacher , even
though mistaken , should bo attacked with
virulence , contemptuous flippancy and Impu
tations of unworthy motives.'o know Dr.
Briggs to bo an earnest Christian , a devout
student of tbo bible , an Indefatigabla
teacher and worker and one who
held the standards of tbo church with an in
telligence based ou exhaustive study of their
history and literature. The numerous te&lt-
inony of bis students during seventeen years
prove that ho inspires tnom with a deep reverence -
eronco and enthusiasm for the bible. In lika
manner wo protesl agalnsl Iho manner and-
temper of assaults on the Union seminary.
By Its history of over half a century , by the
character and standing of Its graduate's nnd
by tbo amount and value of its contributions
to Christian literature this Institution should
bo Insured against suc > i assaults. Its value
to the Presbyterian church needs no demon
stration. From the days of Edward Robin
son , the pier of Palestine exploration and
the founder of biblical lexico
graphy , Union seminary has steadily
pressed forward on the lines of advanced
biblical study. K professors in subscribing
to | \VostuilusttT standards have always
been understood to do so with thu concession
of that measure of freedom of tbo right of
Christian scholars. They honor venerable
confessions of tbo past a us , but they plocu
the bible above the onnfe. l'ini nnJ hold
tbeiiuolves bound by ih ir loyalty to Christ
nnd to HU church to follow thn truth ' .vtilth
eraoover It may lead thorn. Wo Insist unJ
must i Insist upon thu liberty oxo.vlsed by tbo
reformer * and by the e.irly church to dlsrm
thosc.rlplurus frixslyand reveronUy and to
avail ourselves of nil Iho light
which may t * > thrown jpon thorn
from any .lource. It l.s In the
fI
Interest I of God's truth to sot forth scripture
.it tt is and not to CXPOMI It * friends nnd
i teachers to humiliation ntul defeat by claim.
Ing i fur It v hat cannot Ui substantiated. Iu
the words of Ulmumi , 'Not fixedness nor tcv >
olutlon , but evolution nud reform Is the nut to
for i our times. ' Wo maintain that humau
conceptions of thn blhloif its Inspired teach
ings I nro sunjort to revision. Togr.vp tbo
ro. ults of deoor | research nnd ' .o apply thinii
with caution , reverence and 'jjidness to thu
examination of scripture Is not onh C'.ir
privilege ] , it Is our solemn dut ; , m the ills-
charge of the sacred truth twmmltted
to ! us by Christ and His church. More
light Is yet to brenk from God's word. Wo
would bo found ever tiuoii the watch and to
transmit Its rny.s. No theological person
could taKe any other attitude without
neglecting ht.s duty and releasing his hold
tipon Christian sludeiits. That such n
method may dissipate or modify certain
traditional views ns to the origin or date of
the books of scripture , that it may expose
nnd coir.'ct certain loniruo established errors
of Interpretation ; that it may modify certain
theological dogmas , is uiilv what is to bo ex
pected , from similar results in the past. But
wo have no fu.ir for the bible. 'Iho word of
God wilt come from the lire of reternnt criti
cism as line pold with n new rreution of testi
mony to its divine origin and r. new j > ewer of
appeal to the uorlJ. "
ctitumr.if it.t.Minits oTiti.u. . .
How Tlicy Borrowed l-'tiinln to Fool
I lie Kvaiuiuor.
Pun itini.riiiA , May Hi.--Tho hoarlnc of
Gideon W. Marsh , president , and ( Jinnies W.
Lawrence , ex-assislaut cashier of the broken
Keystone National bank , charged with f.ilsl-
fylni ! Iho returns of the bank to the comp
troller of the currency , was resumed hcru
this morning before United States Commis
sioner Bell.
John Hayes , casiiior , testified that h >
never assisted iu making up the bank ac
count for suumUsinn to the comp'.rollor. but
signed It when it was presented to him by
President Marsh. Ho had n .plicit faith In
Marsh's honesty. When the bank oxnminur
was expected to visit the bank Marsh would
borrow from iW.oOO to J70.0UO In cash
from hte Spring Garden National bank
nnd plai'o 11 nmoim thn assets of
the bank , by which means the bank's reesrvo
would bo raised to the Icgnl requirement by
law. No entry was over made of these losses
nu thn bank's books , and when Iho examiner
had concluded bis examination Iho money
would bo returned to the Spring Garden
baiiK. No collateral was ever deposited at
tbo Spring Garden bank for these loans.
Money was also borrowed from the Third Na
tional bank.
J. Frank Lawrence , n brother of Charles
Lawrence , ono of the accused men , tostilied
tnat ho had charge of tbo ledger from which
the pages were cut. Ho discovered that the
pages hud been out from thu boon Mid spoke
to Ills brother and Marsh about it , but was
told by them that it was all right.
.1. T. Jackson , Charles C. Torr and Dr.
diaries Sheltonberger , ull of whom are or
hnvo been nt some period directors of the bank ,
testified that they were never allowed to ex
amine the assets of the bank , as a special
committee appointed by Marsh did this nnd
leported to the board. They all placed great
confidence in Marsh and trusted him without
question.
Sl'IClliKI ) MX Ut
DNnppearanoc ol' a KausaH
Man Cleared Up.
KANSAS Cm , Mo. , May in. Arthur Dean
aged thirty-seven , a member of the real ostalo
firm of O. H. Quoal & Co. of Ihis city , inys
toriously disappeared December 7 , 1&S ! > . No
duo lo his whereabouts was obtained unti
last month , when Iho cushier of Iho
Kansas City safn deposit and savings banli
received through the mail from tbo coroner
ot Central Middlesex , London , a Key witii i
tag belonging to the vault rented to Queal
The coroner reported that the key was taken
from the body of a young man who com
milted suicide by drowning April 9. Photo
graphs were sent to thu conmer and established
lishod beyond n doubt that the body of the
sulcido was that of the missing Arthur
Queal.
IxniANAi'nus Ind. . May 1(1.O. ( . U
"
Johnson , who until "recently was
United States vice consul general a
London , was shown the messaco li
reference to Arthur Dean Queal , and said
"I investigated tbo case ns thoroughly ns
possible at the time of the finding of the
body , but could not Identify it , as the mar
went under the nnmo of Doan iu London. He
came to London about January 1 , Ih'.K ) , with
$ .V.OO in cash and drafts for $1,500. Thl :
money ho spent In carousing until bo bocumi
penniless and testimony at the Inquirj
showed that no was almost insane.
Jt.tCElt 10 MIJIS JiK.lTMI.
A Wisconsin Kai-mcr Killed While
ItunniiiK JIlH Hoi-Hen.
MIMVAVKKI : , Wls. , May 10. A rnco be
tween a business man of the city and
farmer from Prospect Hill , seven miles beyond
yond North Greenfield Thursday evening ,
resulted In the tragic death of the farmer a
North Greenfield. The parties In the rac <
were John D. Bowes , n prominent insurant-
man of this city , Mr. and Mrs. Josopi
Shaekcll of North Greenfield , und n farme
uauied Plumb , All were returning from th
city , Plumb in an empty wagon , and the
others in a carriage. Thu roud was uxceod-
Ingly dry and neither party sectnod inclined
to take the dust from the other. A spirited
race for first place rosultod.both teams bclnc
put to their utmost speed. It was nip ami
tuck between them for several miles nnd
when the village was reached the carriopo
was a fuw rods in the lead. In fronlof McCul-
lougb's in the llttlo town is a rougli plank
platform a foot or two high , used in loading
wagons. Plumb's wagon struck this plal-
form while going ut full si > eed. Ho was
thrown some distance in the air and fell
heavily to the ground , breaking his back und
receiving internal injuries from which ho
dloU several hours liter.
THMlZn TO JlOlt STAX&Er.
SocinllHtH Created a Distnrlmncc
WIillu tlio Kxjilorer Wnn Lecturing.
LONDON , May 10. While Henry M. Stan
ley was delivering a lecture at Sheffield
lost evening the hall was Invaded by a
gang of socialists , who began to sell
among the audience a pamphlet attack
ing tbo explorer. The pamphlet was very
freely bought under the belief that it
contained a report of ono of Stanley's loc
tures. When the fraud was discovered thcro
was u prc < tt commotion and the venders were
violently expelled. The gang tried to mob
Stanley as he loft the hall , but his friends
gathered around him , and wilh the assistance -
anco of the police kept off his assailants
until ho drove oft In a cab.
HVltlKl ) TllR.INUHK M-'HVXl ) ,
A Discovery at Truckoi ; , Cat. , Ca
Orr-at KicitciiuMit.
TiiffKHK , Cal. , May 10. There Is great nx-
cltemcnt hero over the discovery of a portion
of Iho ircasuro burled by the Dormer party
InlSIO-T , which Is said to amount to 10,000.
Nearly fciOO in silver hnvo already boon
found nnd numbers uf people am looking fnr
the remainder. Tbu coins tire of nil dotes
prior to 1S45 , and consist of pieces fion
Franco , Spain , Bolivia , thu Argentine He-
public , a number of other foreign counlrios ,
and also a nuinbor of rare American coins.
The relics nro very valuable.
ICnjtlaiid'H Note < l Invalids
LOMION , May 10. Tbo prince of Wale * is
suffering from muscular rhcunatism In ttio
legs which prevents bis standing for any
length of time.
Gladstone Is In it much more Itnprovnd con
dition of health than ho was yesterday.
Weekly Itnnk Statement.
NKW YOIIK , May 10.The weekly banK
slatemint stows the reserve bits Increased
$ U' ,000. The banks now hold * ! ,013,000 in
excess of legal requirements.
PALATIAL BOSTON STORE ,
Thousands of Purchasers Attend lit Most
Successful Opaniu i
DESCRIPTION OF ITS MANY OEPARTMF.N'TS ' ,
CrowntiiR I'.cxiill of Kitiirgy
Huat > a Model Mt'tx-ojxilMim
Moro In fll.\ty
Ilnyp.
Sixty dnys 050 a glass hot house stood mi
the noflhrast corner of Douglas and Six-
tessilh .streets.
Today In lu Mead stands a stately three-
tcry pllo of bvlck. Iron and pnu.s , weighted
with a stuck uf dry goods valued lu the thou
sands ,
George Franclr. Train catisnd people tn
marvel because ho-built n frame hotel iu
thirty days.
But what may bo , said of the enterprise nud
energy which rears a business pahuu In
nearly thu same length uf tlmo nud stocks it
with the work of thu shuttle and loom from
every section of the Known world I
Tbo achievement was nccompHsho.1 by J
1 * . Brnndcis .t Sons ami the result Is llio
stately Boston Store which yesterday for the
Irst tlmo received its customers by the
thousands.
It was only with difficulty Hint H I > r. : :
pro.sontntivu gained admittance to thu em
porium. U seemed n veritable ladles' day
during the holiday season In nu eastern
lara.ir. A corps of experienced floor men ,
loivever. wept passages open and thu unat
tended fcribu mndu his way through the
s'reat establishment , discovering now attrac
tions nl every step.
The .mpoMng entrance , fatty foot in wi-Hh ,
opens upon A iirgo nre.i into which run the
aisles from all the departments of thu llrst
floor.
The nearest department Is thatof the silks ,
presided over by a corps of gentlemanly lin
guists whoso"expeilouco was yesterday
lusted to the uttermost The counter was
surrounded with purchasers the whoio da > ,
and yard after yard of faille , ro.v amutes ,
pore ilo solrs , vcrmeullcaux , crepe de chines ,
satin luxurs , grosgruin nnd China were dis
posed of at the wonderfully low prices which
Iho firm had advorllsed.
To the west of thu silks and facing ll.o
Douglas street side ts a very fine colored
dress department tilled with choicest mater
ials.
ials.This
This is followed by the muslin and tinnnr-
wear , Iho laoo , ribbon and notion depart
ments , in which the purchasers will appre
ciate the Hood of light n Inch pours through
the plate glass windows.
Kiln nine along thu south wall of the build
ing nro the corset and parasol departments
with an almost Infinite variety of goods from
Hie leading manufactories in those important
lines.
T'irnlr.K to Iho rlitlit after entering , thu
visitor passes ntely posts sheathed in velvut
and the gren glove department , in which
half a do/en lady cleilu are busy lilting und
selling gluves nil thu way from these intended
for the meiist sprite to those which are to
encase the hand nnd arm ol the belles of thu
coining season.
Further along is circular counter uphol
stered In velvet upon which rests n massive
basket of flowers. It is accompanied with
the congratulations of the sender , Mr. Obor-
f elder. Another souvenir making mumoni-
bio the occasion is fromMurtzburger t Gold
smith of New York. On the same counter
nio several female busts In wax , each a work
of art. They are attired in most costly silks
and brilliant jewels enhance their beauty.
Further nlouir nro found the hosiery und
men's furnishing- goods , eaci occupying
ample space and comprising a variety us
grout as was over seen west of the Mlssour. .
Then the visitor enters the millinery de
partment. All that ho has seen scarcely
prepares him for what hu llnds in this exten
sive section ,
Glass cases line the wall. They nro filled
with nil varieties , shades and colors of iirll-
llcial Dowers , plumes und bonnets. These as
sortments scorn works of art Injnu upon thu
walls. They appeal to the ma'sculino sense
of the beautiful and Irresistibly challengu
tbo attention of thousands of ludles who
Iinirer in their presence.
This department extends along tbo east
half of the norlh nnd almost to Douglas
street along the wesl wall of tbo store.
Courteous ladles are In attendance. Thn
beautiful articles are handled with the air
nnd skill of experts , and the purchaser ex
periences litllu delay in finding what she
seeks.
Uast of the millinery nnd running boslda
thu north wall , is the mantle department.
Ina continuation of the line of glass cases ,
nil of which are draped with brocaded ma
roon velvet , nro htipg shawls , capes and
jackets of all the prevailing styles and of
both homo nnd foreiun manufacture.
Above this department is n gallery. H
commands a view of tbo whole floor. The
sight is nlmost bewildering. The display of
color defies description , while the 1mman
activity displayed by attendant and purchas
er -scorns almost incomprehensible.
In this gallery are the cashiers and wrap
pers. There uro lour of the former
nnd eighteen of the latter. They
nro all busy. To this gallery lead
Bovcnty-llvo lines of aerial railway.
The terminus of each of these lines is de
nominated a station. Into Ibo station rattles
the basket laden with the purchased articles ,
thu checks nnd the cash. The arrival of each
train twanps a wire of greater or luss tension.
The effect Is not unlike n rough melody , the
more cratcful because It proclaims the .suc
cess of the great enterprise under considera
tion.
tion.This
This gallery extends to the west wall iiml
thence lo Douglas street. At thu angle are
located the handsome offices of the house and
the udvcrllsing department , from which may
bo bad a view of every inmate and every
part of the store.
On tbo eastern extremity of the gallery U
thu ladles' waiting room , which bus been
richly upholstered.
Tbo "Bargain Mine" Is thu name happily
designating the basement. To this place
there are two largu entrances , onu leading
from the main floor ami the other from .Six
teenth street. Both are broad und
thu descent is gradual. Thu placu li
lighted by windows on all Hides.
It Is a mart of multifarious articles. It is a
hive of industry. Counters predominate.
There are shelves only along th'i north and
west walls. The counters are piled high lib
goods which the visitor handles. Tbo prices
raugo from n penny up to dollars. Clerics
nro everywhere. They nro I o-
selgod with customers. Everybody
speaUs scarcely above a whlBjiof.
It can scarcely hu comprehended that so many
mortals can como together , each bent on
maxing an nxcluingo of money fur some
needed article , und yet make MI little iiolsu.
The purchase over , another aerial railway
does its part of the transaction. Thu
article purchased returns wrapped in con
venient form and thu purchaser retires.
As she passes out , however , shu sues n mag-
licent soda fountain near the steps. Then shu
stops , quaffs a class of flavored soda which
costs only 'J cents or Indulges In on ice cream
soda for li cents.
This scoun was witnessed all day yester
day and lust night until thu closing hours.
Thousands came and went and thoujundi
boru away with them purchases which sus
tained the reputation which thu Boston
Store has achieved for excellent goods und
reasonable ) prices.
Everv purchaser also retired with a sou
venir , nnd the supplv of souvenirs was most
varied. It uxteudud from a mirror to a silver
fruit knife , und the clamor for the souvenir
was us treat as thu deinuud was for pur
chases.
The opening was a success. It could not
have been otherwise. Nothing was left un
done which wouhi prevent thu firm from
keuping its promises. From thu humblest
cash boy to the honored senior member of
the firm , everybody uus on duly. From thu
humblest nnd youngest clerk behind thu
counter to Iho fourteen floor cuntlemeu In
In their full dress stilus , every attache-
was attired as if for u gala occasion.
Simplicity In female attire olten sots off fo
beauty and It was thu simple holiday
ntllro which chiiracteri7cd Iho young ladles
of the store. Moro would i.ot hnvu added to
their charms uud those charms , it must hu
said , are most remarkable , A more ) > cuuti-
ful collection of young women could
scarcely bo desired. Neither could
u more competent onu bu obtained ,
Their efficiency was yoslcrduy displayed In
' . ' 0.000 cash tickets , representing just so many
Bulca.