Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 28, 1891, Part One, Page 5, Image 5

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    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 ,