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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 28, 1891)
THE OMAHA DAILY BEE : SUNDAY JUNE 28 , -SIXTEEN PAGES. MORE DAMAGING EVIDENCE. Iilvcrinjrhoujo Has to Admit Some Moro Very Peculiar Expenditures FATAL "QUIETING" OF A PATIENT , tintny I'utlont Xlcf-lfr Died After Tiik- Inu n Dose f Mcdlolno Dr. Test's Irri'Kulur Cnlln on the Inmates. LINTOLV , Nob. , Juno 27. [ Special to Q'nr. BF.K.I The Investigation into the conduct of Steward Liveringhouse and Su perintendent Test of the Hastings Insane nsylum was resumed this morning before the board of publlo lands nnd buildings. All the members of the board were present. Gov ernor Thayer was n most interested auditor throughout the session , Llvorlnghouso was pin cod on the stnnd nnd Was examined regarding the signing by om- ployos of a payroll which wns Introduced. The names on It wore these which have ap peared In connection with duplicate vouch , jors. The witness said that none of tbo em ployes in question had signed tha roll pre sented nnd that some of their names hnd been written by himself. Ho could not state exactly when the pay had been drawn , but tbouufitlt was nbout the mlddlo of April Xlo bad nnyor notified the board about the drawing of the duplicate vouchers until ho kdmttti'd it a short time ngo. Regarding the rum of $42."i which appeared In the cash ac count , ho had no voucnors te present , having boon called away too soon from the nsylum. It was shown , however , thnt ho hnd bean Jiotlilcil ntn o'clock on Wednesday end didn't icavo Hastings till 2:80 : o'clock next day. Llvoringhouso admitted ho had hired pis raoiuor-ln-law' * horse to haul the pall , and hnd n.iiu divers sums amounting to nbout $100 for the same ; that ho hi rod a horse from n man fiamed 1'lorco , nnd for n month kept Bt the asylum a horse belonging to Driitjglst Hurst , The state at tbo time bad n horse of IU own. The board then nskod explanation of two Vouchers for $70 nnd was told that they Worn by way of payment as chaplain. The witness then admitted that the war- tnnt for the duplicate vouchers , ? , " > 9 .02 , had boon put Into his personal account at tbo bnnk In Hastings. Tbo Investigation then turned In the direc tion ot the overdose of medicine to the patlont Xioglcr. Witness had heard it rumored that a patient named Zlcglor bad died of an overdose of medicine. tThero wus no record of the Investi gation. Governor Thayer , Dr. Stone end Mrs. Smith had , ho claimed , investi gated the charge and concluded that Ziegler had died from natural causes. The attend ant , Loofburrow , who administered the dose , was still nt the asylum. Witness didn't remember that n womnn tianiod lirlghnm bad been found ono morning flond In bed. although he hnd buried her. The Inquiry showed thnt Zclglor hnd been clven thirty drops of pnrnldabldo and Dr. Ktonc said that that was only half a dose B'ho latter had administered a teaspoonful dud a half. Docs the night watch proscribe for the pa- tlontsi No. I know nothing except from hearsay. pr. Stouo said thnt thirty drops of paralda- bldo would produce from four te seven hours' loop. The witness then stated that ho know George Smith of Beatrice , who was at onetime time an attendant at the asylum as also that tioofhurrow , the man who administered tlio ovcrdoio to , Zogler ! , was still employed nt the nsylum. Secretary Alton How are wo to know hovv many employes there are at the asylum if tbo employes don't.sign the pay roll. They do sign the pay roll ; they sign nil the foils except the ono you have thoro. Mr. Durnoll then 'asked the witness to de tail the duties ho performed at the nsylum. \Vltnessdldso claiming that ho did every thing except attend to the medical work. JQontty hnd boon bookkeeper and received" $50 per month for bis .services with board , wash ing nnd lodging for himself nnd wife. If witness had not worked as ho hnd it jvoulii have cost the state much more. Ho liad an assistant for only three months nt n cost tn the state of only $75. For nil of this Work witness received pay only as steward. lie then claimed that Instead of SlttJ5.l5 : ! , which It was claimed the Institution hnd paid for drugs the ln t six months , the amount ought to bo divided as follows : Interest , f.15.51 ; drugs , $1311.87 ; merchandise other than drugs , $010.05 ; wines nnd liquors , $101..15. Ho then wont over a couple of vouchers showing many of the Items Included iu the ; , tr. Jorogolng were glass , putty , paints and oils , sjB'and o'hor articles not kept in stock by the " "VJrchnnts of Hastings , which the druggist .rtUild order. Tha witness then stated that ho hnd made a comparative showing of the cost of the Ilustings aud Norfolk asylums as shown by the records iu the auditor's oftlco. The ox- poiiso of the former for the time in question was ? 33.207.63 and of the latter UG95.ir : . Tbo cxponso of the Hastings Institute ever nnd nbovo tuat of Norfolk was owing to the deficiency with which the former hnd to contend , nnd Which if rightly considered ought to make u r" difYoronco of $13,000. Ho said further that because of the deficiency , goods cost n great deal moro than they otherwise would. The coal subject was then introduced , the Nebraska fuel company claiming that Stew ard Liveringhouso had furnished them with no estimate , nnd consequently did not afford them a chnnco to compote. Mr. Llvorlnghouso admitted that they had received bids for clothing but not for grocer ies , nnd thnt atone time Mr. Klpp of Hast J ings hnd refused to furnish groceries because of the nbsonco of money. Witness stated thnt bo had exercised the same care in mak ing purchases as ho did m his own nfTalrs. Several times merchants had kicked because lie hnd cut down some of thulr over charges. Ho disclaimed nil intention of acting disre spectfully to tbo board by not appearing bo- Xoro when first written to. Goasler Lee , formerly n supervisor and nn Attendant of tha asylum , know the patlont , Xlcglor , who had died from nn overdose of modlcino. The Inttor hnd boon Snaking n nolso. Loofburrow cnnio into wit nesses' room for a spoon , but could got nono. Ha took n tonlo cup and poured into it u Btrcani of modlclnc , saying : "I'll glvo the a dose so that ho won't innko anymore moro nolso tonight. " Next , morning the patlont was unconscious. o remained until ho tiled at 12S5 : ! p.m. Witness in the morning reported the condi tion of the patlont to I'lnckuoy , the supor- * vylsor whoso duty It wns to report to Dr. Test. U'ho latter did not call upon the unconscious man until 11 o'clock In the morn f ing. The doctor was also Irregular In his calls , four and flvo days elapsing with out his visiting the wards. The witness claimed that about u pint of beef , Iron nnd wine would bo used by the male inmates In three days , nnd that thrco pints of whisky .Would last for a month. This feature seemed to make it difficult to Account for the wtno nnd liquors ordered. Leo was cross-oxamlnod by Darnell , but was not shaken In his statements. The board took a rcceis until 1 p. m , Lee stated that ho had loft the Institution ot hut own free will , and had asked and re ceived n recommendation from Dr. Test , and Hill retained it. Attorney general At the Mondota Insane nsylum. where you formerly worked , how often did the physicians visit the wards daily ! Lee Twice every day. How often did Dr. Test visit thoml Sometimes once a day. Somotlmca four or tlvo days would elapse and bo would not como In the wards. Did you mention the cause of Zlepler'a Couth I Ves , I said that to some people I thought the drugs were the cause ot his death. How much bcof wluo and Iron was used I ThoJnst month * I was there , about one pint was usotl on the male sldo every three days. How much inaltl None. This was Introduced because Llvcrlngbousa lia.s previously stated that m the liquor bill mult was. probably Included. . How much whisky I Three pints of whisky In about a month , How many male patlonUI About saventy-tlvo , The witness alio stated that there was an r YOU at too asylum , and that broad bad been > aked in It ; ulio that Loofuurrow was ooant * N. B. FALCONER 0 . \ 17 Sri p I ) One Thousand Different Articles at a Reduction of 25 to 50 Per Cent. We Subjoin Some of the Prices. We , Have Not Room for All. DRB33 GOODS DEPT. Dress Robes , curaol's hair , ohovlot , with rich trimmings , cent 812 , for $3.50. A lot of wool strlpea and checks wo Imvo always retailed at 2oc and . ' ! 0c , our moving price 124c. Arlington Chocks. 64 inches wido.tho regular prioo of which is 40c , our inov- inc prlco JOjc. Ono-hnlf wool Challis wo sold nt 20o and 2oc. moving prlco 1 Ic. All Wool Challis , our regular price G5c , now 47io. Printed Mohairs , worth 45c , moving priceJOc. . lirinted Clinton Crepe , lovely designs , strictly all wool , 3"jc ; regular prlco C5c. SILK DEPT. Our 75o Colored Satin , moving price 25c. Very useful for children's drosses. 22-Inch Colored Surah Plaids , sold by us at $1 and $1.85 , for 50c and ( K3c. China Silks , our 05c quality for 2 < Jc. Figured China Silks , $1 a yard , will bo sold at 2o. Cheney Brothers' best 24-inch goods for OOc. Cheney black ground colored figures , 32 inches , regular price 31.50 , in this sale $ l.l.r ) . Colored Satin Rhadamcs , our $1.25 quality for 75c. Our $1 Black Silk Grenadine will bo sold for G5c. Ono piece 48-inch slightly Imporfoct. Regular price $3 , will bo sold at $1.60. A lot of Colored Failles at Uoo , worth $1.50. Also a lot of Black Groi Grain Silks at similar swooping reductions. BLA.OK GOODS. BlaoK Silk Warp Henriettas , never tiold loss uuywhoro than 81.25 , in this sale 75c. Wo guarantee those goods perfect In every respect. Our 75u Nun's Veiling , with side band , 421c. LINEN DEPT. Damask Table Clothsrans.'ing in price from $6 to. $8 , will go at $ : ! .U8. Damask Table Cloths , $1) ) to $12 , will go at $5.75. Damask table cloths 12 to $20 , will go at $8.75. 20c Iluck Towels , 0 for SI. 30c Iluck Towels , lOo each. 8oc Towels at 38o. $1.2o Bed Spreads at 97o. $1.75 Bed Spreads at $1.29. $ -1 Bed Spreads at $2.63. FALCONER. . In his language and profnno to the pat louts , aim tbnt ho had been reprimanded for his profanity br Dr. Hainan assistant physician. Whisky had boon used when the patients were sick , and where stimulants , eggnog , etc. , were required. The night watch was not allowed to proscribe medicine. The only way that witness ciould account for the Issuing of medicine to Zoicrlcr was because Loofburrow had received orders to that effect. The vial from which the medicine was taken was of two ounces and it was at least halt full after the Xioglor dose hart boon poured. The witness didn't know whether Plncknoy had reported the occurrence to the physicians , but did know that no physician had visited Ziegler until after 11 o'clock in the morning. Ho felt that Zolglor had been given an overdose of medicine. Ho did not hnvo the matter looked into because bo had no authority , nnd to have complained of it would have resulted in his luslng his placo. Mr. Darnell then cross-examined the wit ness nnd ascertained that ho had couio of his own volition and at the request of the attor ney general. It was sought to bo-shown that the witness had written a letter to Smith ( n witness who nnpenred later ) , In which It was stated that if ho did not got Test in this man ner ho would got him In some othnr way. But ho denied that ho had over written Smith In that manner. Ho admitted thnt ho had told Dr. Test that ho did not think Zleglor had died from the effects of the medicine , because ho felt If ho hadn't done so , ho ( the witness ) would bo discharged. At the time that ho told Dr. Test thnt , ho know it was not true , but ho did not want to lose his Job. Ho never know Smltb , the attendant , to tell n lie. It had been reported that the latter had bbsn dis charged for using Intoxicating liquors , but Dr. Stone said that such was not the ca-so. Secretary Allen After leaving the asylum did you report the Zloglor case to anyone } Lee Vos , to Governor Thavor. I gave him an nflldavit on Uio'JiM of May , With what result ? Ho returned thoanldavlttomo nnd said the matter had taen investigated by Dr , Stouo and Dr. Test and that Klcglor had died from natural causes , And m they were physicians ho left them to decide. The defendant's attorney wanted to know how ho could testify against Dr. Test when iho latter hnd given the witness a recom mendation on his own request when ho loft. Witness said ho thought it only what ho was entitled to. Hn also' admitted that he had told Dr. Test that ho didn't want to remain if ho ( tno doctor ) was to bo succeeded by Dr. Johnson. The latter , however , honrd of the witnesses' fear of being discharged nnd told him that ho need have no fear of that and assured him of a position. It was sought to bo shown that the witness had loft because the matron had been discharged , and the In sinuation was ropellod. Uoports regarding the matron had gone to Governor Thayer nud ho didn't llko thorn. Witness was then ox- cnscti. The examination wns resumed in the after noon and Cioslor Lea asked to bo placed on the stand again. Ho did so for the purpose of removing any doubt from tbo mind of tbo board that ho had in any manner written to Smith to the effect that It ho did not got Dr. Test in this manner ho would In some other way. Tha attorney for the defendant again took hold of him nnd ascertained that ho had been spoken to by Mr. Boatty , tuo late book keeper , and hud said te him that Iho institu tion needed to bo looked after. Secretary Allen You said this morning that you bad talked with the governor. What did ho say I Lee Ho said he would take time to look. Into the matter and would Investigate the matter. ( The /.toglor case. ) 1 told him that as for myself , I wa-s under expense. Ho said that I was In tbo threatening ordur and acted in an Indignant inauuor to mo. Did you see him again I I called ou him a second timo. Ho asked WASH GOODS DEP'T. 7o challis and prints at 2o. } lOc dross ginhams at Co. lOo satlna at Cc. 15c novelty suitings at lOo. 15c 30-in batiste at lOo. 16csatincB at 8io. lioo salines at 15c. 40o tnilanoso , black and white and black , with colored liguros , at 25o. 25o Oriental uropo , 15o. 40c wash crepe 2-jo. 40o French Gingham at25c. 85c French mulls at 25c. ' 25c Scotch gingham at 10c. $7.50 French zephyr robes at S4.G8. 25c tussah cloth at 15o. This is the latest novolty. WHITE GOOD3 DEP'T. 12c nainsooks at 6c. 25c black and white figured batiste , 15c. I2c printed India linens at Oo. 18c printed India linen at 12c. 2oc ( hmitUis at 15c. Our 30c black silk band India Ilnons at lOo. lOc white India linens at 8c. 15o white India , llnon nt lOc. 20o white India linen at 12c. 25c white India linen at 15c. 30c white India llnon at 20c. 35o white India llnon at25c. And all our black India linens reduced - ducod in the same proportion . GLOVE DEP'T. 2.5c gloves at oc. 50c gloves ana mitts at 25c. $1 gloves and mitts at 50c. $1.25 to $1.50 fine sillt mitts and gloves in this sale at 75o. MOVING SALE. mo If I would accept a position at Norfolk. As there would bo a vacancy there In about three woom if I would go there , or If I de sired a jiosltlon there , ho would see that 1 would got it. I refused it. G. J. Smith was the next witness. Ho had been nn attendant nt the asylum , know Xloglor nnd testified substantially to the same facts reeardlng the dosing of that patlont as did Lue. Ho was a room mate of the Inttfir nnd both he and Lee were in bed in their room when Loofbnrrow came In looking for n tea spoon. At o'M : next morn ing /toglor could not bo roused. If ho were raised up ho would drnndown llko a rag , and died nt 13:35 : p. in. Ho afterwards talked with Dr. Stone and Dr. Test about the oc currence. A month since , both ho nnd Lee hau niado dupli cate allldaviUs and sent a copy to the governor setting forth the facts of X.leglor's death. Ho wont to work at the asy lum about October 15 , 181)0 ) , and remained till last spring. Ho bad frequently worked in Insane asylums. In Kulamazoo for nearly four years , Nowborg asylum , Cleveland , O. ; asylum at Traverse City , Mich. Attorney General What medicine was ad ministered te Xloglorl Smith I don't know. From ray own opin ion I think it was paraldahldo. How often did the attending physician visit the wards ) Sometimes every day ; sometimes thrco or four days would elapse without his coming on the ward. Once when ho was sick Dr. Stone took his placo. How often did physicians visit wards In the other asylums in which you worked 1 Usual visits were twice a day. Once iu the morning and once in the evening , generally after supper. The witness was cross-oxamtnod by Mr. Darnell for the purpose of showing that ho bad been discharged for using intoxicating liquors. Witness denied that such was the case. One night ho had gonn to the asylum under the in- tlunnco of drlnlc. Dr. Test had found it out and sent for him. They had had a long talk nnd witness asked if it meant that ho was discharged. Ho said that ho had earned his money and proposed to spend it as ho felt disposed. After ho loft Dr. Toit he met Dr. Stone in the pharmacy nnd teld him that Dr. Tt-jt had discharged him. Dr. Stone said that he thought ho had the discharging of people and ordered him back to attend to his ward. Ho wont baok and remained there for three months. Then Dr. Test sent nu Order to Pinckuoy te rullovo him. Dr. Test after wards told witness the matter would have been all right if It had not been for tbo part Dr. Stone had taken in It. Witness therefore denied that he had bo n discharged fordrunkonnosi. An attempt was made to show that Loof burrow had been instructed to report slck- uoss In tbo wards only to Dr. Stone , This was done to remove the suspicion from Dr. Test that ho had boon negli gent in not calling to sco Zloglor for nonrly llvu hours after tbo latter nud been discovered unconscious from the effects of Loofburrow's close. But the witness claimed ho know nothing about Loofburrow's orders. Taylor Steen , who had formerly boon an usher and later assistant receiver of supplies at tha asylum , next took the stand. Ho. said that his duty was to check and weigh the goods received at the institution. Ho chocked all of them , but did not walgh them all. Ho aid not weigh those from the Hastings houses , but bo did thaso from the Lincoln Jobbers. To do this , the goods were removed from the barrels and the latter woru afterward weighed , The sensation of the trial was reached , however , whun the following wa.s asked : Secretary Allen Did you know of any trouble between Mr. Llvorlughouso and Dr. Tostl Darnell jumped Immediate ! ; to his loot and said be bad had an understanding with til RIBBONS. RIBBONS. All Silk Ribbons at 2Jo a yard. The regular price of these is 12Jc. 16o Ribbons for Cic. 17jo Ribbons for Oc. 200 pieces of Nos. 12 and 10 , at 13o. The regular prices of these are 22o and 27 3 c. HANDKERCHIEFS. Ladles' sboor open work and' hem stitched at the extraordinary price of 3c. would be awful cheap at lOo. 12je Handkerchiefs for OJc. 2oo Handkorohiofs for 12io. 50c Handkerchiefs for 25c. 7oo Handkerchiefs for 37Jo. LAOES. LAOEa Laces ato. . Laces at 5c. Laces at 7o. Laces at lOo. Laces at 12o. } Laces at lOo. Laces at 2oc. Laces at 35c. All reduced from 20'to 331 per cent. T MILLINERY DEPT. Special clearance'1 ale of Millinery commencing Monda'y , Juno 29th. Wo will place on ealo all our trimmed Hats and i5onnots-1ncludlng the re mainder of our Freticli Pattern , at one- third less their forn1I6'prico. . Untrimmed Ilats ari also included in this salo. . .f DRAPERY DEPT. ' - 3'J Chenille Curtains. , 3.1 yards long.with heavy fringe top and bottom , 33.75 a nair ; worth $5.60 a pair ; all colors. IRISH POINF CURTAINS 3i yards long , $4.-15a pair ; worth $6.50 a pair. . > r. OPAQUE WINDOW SHADES 30 inches wide , 7 feet long , with spring rollers , 43c each , worth COo. FALCONER. board that nothing was to bo introduced except - copt what was covered by the notice. Mr. Humphrey said the matter might bo Immaterial but ho could see no objection to its going in. Darnell objected again , but filially it xvns decided to hoar the witness , Steen It was about Dr. Test nnd Mrs , LIverlngliOHse. Mr. Llvoringhouso came to rae and asked if I thought that Mrs. Liver- lnhouso and Dr. Test worn acting Just right. What did you tell himl I said I didn't think that they woro. Dr. Test railed a mooting ono night afterwards nnd settled It all. Who attended the mooting ! Two or thrco omployos , Loofburrow , Mrs. Smith , Miss Bulger and Mrs. Slater. This mooting was sometime in October , 1890. This testimony caused a calm to pervade the room which was only the premonition of another outburst on the part of Darnell when the attorney general announced ho had two lady witnesses , Mrs. Vnndorpool nnd Mrs. Whoolnnd , whom ho wished to place on the stand. The defendants' attorney asked for an ad journment till Monday , Docauso ho wanted the defense to puolish tbo story with that of the ladles in question. Ho said it was unfair on the part of the board to Insist on matters outsida of the notice. To this the attorney general replied that it was not unjust. The notice included the sub ject upon which they proposed to examine the women , and to provo it road the notice. Darnell claimed that was not the notice served on them but could not provo the assertion. Finally an adjournment was taken till Tuesday after Frank Darling had testified ho had bought goods from Livermghouso , belonging - longing to the state , payment for which hud boon taken out of Ills wages. Ho did not know , however , that LIveringhouso had not turned the cash for them to the state , MAY LO-.K HIM. Dr. Uuryna Coimlllrtln. | } ; Some Very Mhtirnl O/Tors. It Is practically settl that the First Con grogatlonal church of' Omaha is nbout to lose Its talented pastor , llov. Dr. Duryoa. , | , , For three years Dr , Dliryoa has filled the pulpit of this church a'riil has boon one of tbo most popular of the dyl [ , ; > o teachers in the west , and is acknowledged one of the most scholarly ana brilliant the country , For 301110 mouths , hqwovor , the Impression has prevailed that thii'Mbotor ' was not alto gether satiitlod wIth | Cs ( work , ana now comes the uunouncotntjut that ho has re ceived two very Haltering calls to other Holds , ono from San Francisco and ono from St. Louis , i < It is known that thbilrtctor is considering thoirt calls. Ho bad m'dilo arrangements to preach In Minneapolis , during the present summer months , but has cancelled this en gagement and will visit St. LouU and San Francisco Instoaa. The offer from the San Franchoo congre gation , It is understood , amounts to SIU.UOO a year and the mnnso , aim the St , Louis prop osition is equally as liberal. Goes. Omaha will have an exposition this fall. Yesterday afternoon the new coliseum as sociation hold a mooting and elected ofllcors as follows : John A. Wakonold , president ; M. S. Lindsay , secretary ; L. D. Poland , treasurer ; George \V. Borglund , vloo presi dent. and M. L. Uoodor , manager. It is proposed to pay oft the debt of the old association and arrange for a monster ex position to run from September 1 to 'M. There will bo a t'ourtt. oj July oalobratious i A.Umi county. SHIRT WAISTS. Doys' line French Percale Laundered Waists , wo willolTor them for 95e oaoh , formerly sold at $1.50. Colors and fit guaranteed. Boys' White Unlaundered muslin , with linen collar and culls , for GOc , form erly sold at 76o and 85c. 2o do/.on fancy colored Cambric and Gingham Waists for 20o. LADIES' HOSIERY AND UNDER WEAR. 100 dozen Ladies' fast black Llslo Thread IIoso , to bo closed out for 21o a pair , worth 35o. 1 case of heavy cotton Onyx Dye IIoso for i'Sc , absolutory fast dyo. All our fancy stripes and black boot pattern IIoso , formerly sold nt 50o , 75o 85o and $1 , will be sold at 48c a pair to olouo. A very largo line of fancy colored and plain black opera length Hose at * greatly reduced prices. Children's fast black ribbed Hose , all sizes , for 15o u pair. LADIES' UNDERWEAR DEPT. 50 do/.on Ladies' low nock , sleeveless , Jorsay Ribbed Vests , for 80. 100 dozen Ladies' Jersey Rlbbod Cot ton Vests , for 12Jo , worth 20c. 1 case Ladies' flno ribbed Mace Cot ton Vests , with tape in sleeves and neck , for lOc each. 200 dozen Ladies' Swiss ribbed Lisle Throncl Vests for 15c , originally sold at 40c each. Ladies' very flno imported Lisle Vests , in ecru and white with silk tapes in sloevos'and nock , for 50c , worth 75c. Ladies' Gauze , long and short sleeves , for 25o nnd 35o. Children's Gauze Shirts , all sizes , 15o each , worth 25c , MOVING SALE , MARRIAGE DECLARED VOID. Judge Hall Hands Down a Romaikablo Decision. WERE LEGALLY MARRIED IN MISSOURI. But Did Not Observe the Nebraska Law Ednoy-liaum Contro versy OddH and Ends. LIXCOMT , Nob. , Juno 27. [ Special to TIIF. BKE.J Judge Hall of the district court has decided thnt the inarrlngo ot S , G. Owen to Mrs. Jennie Dosch was lllognl and void , because the lady hnd not boon divorced from her lir.it husband six mouths at tuo tlmoof her marriage to Owon. As the marriage - riago occurred In ICansoa City , and was per fectly legal according to the laws of Missouri , the opinion of Judge Hall has created moro supriso nnd discussion than probably any decision that hns boon hnmlod down In the district court for years. It has boon generally understood that n marrlagn that was lo al in the state where it was parformod was legal wherever the touplo wont , whu were united. Judge Hall , however , declares that , although according te the laws of Missouri , Mrs. Dosch was legally married to Owen and that tnoy were actually man and wlfo as long as they were In Missouri , yet the minute they crested the Missouri line and came to Ne braska the lady ceased to bo Mrs. Owen , the wlfo of Mr. S. G. Owon. This remarkable opinion has natvnliy cre ated considerable adverse criticism. Jrnigo Tlbbotts , however , with whom Judge Hall consulted , declares that Hall hns authority nud good reasons for the decision. Other at torneys , however , ridicule the opinion. Ono of thorn , who does not wish his name mentioned , gays : "It is simply a remarkable error of Judg ment. Marriage Is n civil contract and a civ II contract that Is good In 'Missouri Is legal throughout iho whole United States. When Mr , Owen and Mrs. Dosch implied for a marriage license in Missouri , tfioro was no lojjnl Impediment to tholr inarrlngo. After the ceremony was performed Owens saluted the woman as his wlfo and Introduced her as such nd she was actually his wlfo. How absurd to assort that tha holy bonds of matrimony worn shattered the min ute the two crossed the Missouri rlvor and landed in Nebraska. Judge Hnll might as well declare that ovorv marrlngo in the United States not In strict accord unco with the forms ot the Nebraska statutes wns illegal , nnd tha minute nny persons who had boon married according to the statutes of a state different te thosa of Nebraska should happen to come into Nebraska that they could bo arrested for criminal intimaoy and sent to the penitentiary. " It Is reported late this afternoon that Mrs. Owen's attorney will takn the case to the supreme court , K Nrr-nAUJt emu. The motion for a now trial Illod by plain tiff In the case of Kdnoy vs Huum was sub mitted lait evening. This motion \was vig orously opposed by thoBaums , notwithstand ing the fact that a few xvcoks ngo J. K. Bnum published a statement that ho would apply for u now trial and aouk in court vindication from the charges of fraud nud deceit mad and proved against him by tbo plaintiff. This motion 1s supported by a largo nuiu MEN'S FURNISHINGS- To close wo shall otTer our ontlro line of flno silk Madras nogligo shirtsworth $5 , at the low prlco of $3. A very flno silk and linen shirt nt 82.12 } . Madras shirts at S2 to 33. Cheviot shirts $1.55 and S 1.75. A full line ot outing flannel shirts at 50c , worth 76o. STJSPENDERS- Woshall offer a special induuoniant in a line line ot suspenders which wo place on ourcountor for 2c , worth 50o. Finer grades at 50c , 75c , SI and up to $2.00. UNDERWEAR Men's flno balbriggan and natural gray underwear at 50c , these goods nro o.xtra value. Also a complete line of balbriggan underwear at 75c and $1. Litrht weight merino and all wool summer underwear at $1.25 to $1.75. HOSE A fine line of fancy striped 40 cuago mon's half hose at 103c , worth 25c. Extra fine fnncy striped hose at 25c , 30c , 35c up to 50c. Onyx dye fast black hose at 2oc , 35c , 40c and SOc ; color guaranteed. Summer weight French and English balbriggan hose at 20o and 25o pair. NEOK.WEAR-- Wo will put on sale about 25 dozen gents' fancy silk four-in-hand and teck scarfs for 25c , formolly sold at oOc to 75o oacn. oacn.FALCONER. . bar of affidavits , sovnn or olght of which are made by the jurors themselves , including the foreman , showing improper Interference and persistent efforts of nil the Buutna , nnd es pecially J. U. Bautn , to surreptitiously approach preach the jury and secure a verdict favor- nblo to them. Such interference , and the fact that on Arnor day , during rccoas of court , some of the jurors visited the nromlsos in controversy privately with persons In the interest of the Buums , arc among tha ground * for which a now trial is aslsod The Judge took the matter under advisement. ODDS AND I' VPS. The latest addition to the Lincoln club Is Mr. Koot , late with the Uockford club of the Interstate league. Ho was with Plttsburg last year. The case of Cnarlos M. Lelghton vs II. T , ClarUo of Omaha , in which some $ ! )0OOJ , was involved , lias boon dismissed by Judge Field. Leighton claimed that Clarke owed him $10- 000 , while Clarke , in addition to making sorno crave charges , claimed Leighton owed him about jari.OOO in addition to having defrauded him out of tha collection of ? ll,000 ! Insurance. The perpetual injunction asked for by J. It. Webster to restrain the 'city and particularly the grading contractors frou destroying the corner monuments from which surveys of lots are m mlo , has been granted and the city ordered to replace thosu removed. Judtro Hnll has granted a temporary in junction against the Lincoln paper mill com pany to restrain it from running its waste water anil refuse Into Salt crock The Uepub'ican ' Valley Itallroad comnany has Illod articles of incorporation with the secretary of stisto. The headquarters of the company is to bo at Omaha , with a hr.inch ofllco at Hastings. The .stockholder * at their annual meetings will choose a board of seven directors , to servo ono year or until' their successors arc appointed. An I5i > Joyal > to Social ICvcnt. On Friday evening of last week n party of young ladles and gentleman from the First Methodist ICplscopal church assembled on In- vltiUlcm at the homo of Mr. and Mr ) . J. O , I'hllllppl , ail(5 ( Cass street. From tha silver haired little gill who greeted the guests at tin ) door to tbo beaming countenances anil hearty handshakes of the host and hostess , everything assured the young people u cor dial welcome , A tine of 10 cents , to bo de voted to missionary work , was imposed on every ono who failed to shako hands with all the guests. The result does not urom- isu much for the heathen. A pleasant hour was spout in conversation , when the pnrty was called to the dining room to par take of an elegant repast. After dinner the party again assembled in the parlors whoru the uvonlng was pleasantly .spent. Thorn is no more hospitable home in our city than tnat of Mr. and Mrs. I'hllllppl , and It Is known to dcoros of young people who have from time to time boon inidu partakers of its hospitality. The following named ladies ana gentlemen woru prcuont : Misses 1'ryor. 1'hlllhrick , Ada i'liillbrlck , Ball.Grlfllths , Van Wageium. McKnight , McCllnlook , Taylor nnd Huth I'hllllppl , Messrs. Hartley , Jhuloton , Harri son , Hollander , Roberts , Thomas , Uortclyou , Mellon , Mlckol and Siollard. GolnlirntliiR a Trlplo Amilvor-mry. Friday evening twenty employes of the Fostnor prluttng company gathered at tha residence of Mr. and Mrs. Julius Koitnur , ISM South Savontotiiith street , to assist the former In celebrating his birthday. But what was the surprise of tha Cillers to lourn that it was also Airs. Fuslnor'a birthday and the fifth umilvoriary of their wedding. The evening was pluusuntly paisod , the employes presenting their chief with u beautiful etching and easel , Old , At the clew of last winter's Indian war i cidtr Vtd.l cut to jicuiu ibt force tutu , FLANNEL DEPT. SKCOND rr.oon. The grontost bargain of all is our 24- inoh all-uool plaids and stripes at 12Jc , regular 40c quality. Sultablo for childron's dresses and wraps. Outing llannol in silk strlpo 16c , reg ular 2Tc. Outing lluntiol In silk stripe 33o , reg ular 55c. For gouts' ncglogo shirts , ladles' waists , floasido stilts and childron's drcases , etc. SUMMER BLANKETS Wo have a grand assortment In Ital ian silk in fanoy slrlpim at $2 , sold by the trade generally lit $2.89 , considered a great bargain for the lounge , bud or traveling. PILLOWS-- Eldor-down , In plain or fauoy cover ing , 16 inch to 21 inch 75c to $2.25. CLOAK DEFT. LOT 1 AT $2. Ladles' embroidery suits , all ready made , reduced from $8.75. Ladies' Norfolk suits , ready rnudo , of Garner porealos , plaited wuist with bolt. LOT 2 AT $3. Ladies' beautiful embroidery suits worth up to $12. Ladies' chnllia tea gowns worth up to $7. L'idios' capos , all now styles , worth double. LOT 3 AT $5. The choicest line of ladles' ready made suits worth up to $21. SILK PERSIAN SHAWLS-- Ladios' ready niado woo1 on suits worm $13.50. MOVING SALE quartermasters U At the time it was bololved that this order did notnpplvtotho department of thoPlatto. It does , however , and last night , sixteen of the men employed about the headquarters received their notices. The mon go from the government storehouses and after Wednes day morning will bo looking for other jobs. Many or the men have been in the employ of the government from ton to twenty years. M'JSHS OXAb l.i.llA < lli A V1IS. I. E. Doty of David City is nt the Paxton. E. G. Howe of Grand Island is at the Mil- lard. lard.W. . A. Howard of Lincoln Is a guest at the Paxton. E. A. Brown of Nebraska City is nt the Dollono. Dr. B. II. iilrnoy is spending Sunday In Lincoln. II. H. Hoblnsonot Kimball in a guest at the Pnxton. G. C. Barker and wlto of Boatdco nro nt the Murray. George Donohuo of Norfolk Is a guest at the Dollono. Colonel E. A. Slack , proprietor of the Choyono Daily Sun , was In the city yester day and called upon TUB BKB. Senator 'S'nn Wyck was In thn nlty yesterday - day , en route to Creston , In. , where 1m spoke last evening to a largo gathorlni : of farmers. Mr. nnd Mrs. George E , Crosby , 821 South Twentieth strrot , nroonjoying n visit with their daughter. Miss Helen R. Crosby , nnd niece , Miss Hello M. Kirk of Newark , Nr J. Al Fnirbrothor , proprietor of the lJurhani , N. U. , Daily Globe , and fonnorly an ndltorial writer on I'IIK ' BBK stuff , is In the city Mr. Falrbrothor has inailn n hit among the tar heels , having shown them seine of tuo news paper methods of the wild , wooly west. Mr. F. M. Parker , on route from Kpokana Fulls to Philadelphia , visliod In Omaha ves. torday , the guest of H < itchinson & Wcad. Ho vi'sltod Tun BISK building , nnd was very much pleased with ImprovomentH In Omaha since bo was hero last , although ho has trav eled n great do'il , having boon to Australia since his last visit hero In 18SI ) . Miss CoIIa Lockov of Oshkoah , Wis , , nlstor of Mr.s. L , A. Blackmail , loft for her hoinu last Thursday ovoninfr. Miss Lockoy hiu boon visiting her Mstor for Hnvural monthi past , and during tier stay In Omaha ha * made many warm frlonds. In nil aodul gathorinirs Bho was a shining star. Her many associates and friends deeply rojjret hut departure. Dr. Birnoy cures oatiirril , Hoe bld { . l'1lr < and I'ollco Mntlfir . Oil I COM ICoyes nnd ICIssauo and Flromnn NuUon of Itosu company No. t wcru each granted ton day's leave ut ubionco by tbu Urn and police commlsstoncr.s at their moot ing last night. Frank Mo/Ik , tlllormnn of truck No. 1 , ten dered his roslgnntlon , which was accepted Chief Galilean reported that the new on- glno house at Thlrtv-slxth nnd Jaoksou stroot4 would bo about completed y July 1 The chief wanted authority to plnro a huso company at the homo for duty on thn Forth of July. Thn request wut refurroj to the committee on property. Scorotarv Brownloo was instructed by the boanl to request authority from the city council to purchase fourtioU of Imr.iois , foot of huso and Homn liorsu.s for the munt of the now houses. No nuslnust wa > tratmcUxl nt tha execu tive soiaton. 3IIIIIHK l'rni Hun WINO , Minn. , Juno 'J7. The milling linn of It. ( JrOfTK A Co. at Canon Falls , lias niado an aislgnmont for the benefit of croll < ton , Liabilities , ilOO.UOO ,