Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 24, 1891)
THE OMAHA DAILY BEE : THURSDAY , DECEMBER 24 , 1801 , FiDSD THE RECORDS AT LAST , Icitrlca Wi'l ' ICow Settle With Her D posed Water Commhabuor. HOW THE LEDGER WAS DISCOVERED , Thoiiuh Houiirnly Ilidilen Tor Vuars , Is IH UiiHiirtluxt hy Klroniun Whllo l-'Inincs-OtliL-r No- TintTiitfT , Nob. . Doc. 2.1 ISpcclnl role- gram to Tuu Bnn.J After n lapse of twc years books have been brought lo light vvhl'-b will onahlo the city to balance its ac > : ounli with William A. Wagner , a deposed watoi commissioner. William A. Wagner wns tlu llrst water commissioner the city of Beatrice had , nnd ho hold the ofllco In connection will the city clerkship for nearly live years. 1 wo years ago the law required that the two ofilcos bo separated , and for a year Waif , nor continued to act as water commissioner , resigning the clerkship , notwithstanding that Mayor Ifrot/ingcr refused to sign war rants In payment of his salary , requesting his resliri'ntion. ' which hu refused. Anothei election occurred two years ago , nnd the appointment by the now mayor of n man tc succeed Wngnur wns promptly conhrmed by tbo council. V-'ngncr still refused to glvi possession , nnd mandamus proceedings Wore Instituted before possession could bu gained , The books nnd accounls were soon found to bo in u muddled condition and an Import- nut ledger could not bo found nor would anj explanation bo given regarding its whure- ubouls. Numerous water consumers pro- dbcod recxslpls for rents lhal , were not cred ited on the books and the new head of Hit water department from that llmo until Hit prcsoul bus been compelled lo balance his books/iom receipts nnd Iho word of reputa ble ctU/ons , Hint certain aniounts had biion paid. Wnqnor frequently culled for the pay ment of his salary , amounting tonboul * 1OUO , Iho clly refusing lo pay mull u .settlement was made by Wagner. Several suits were threatened , but the missing lodger ronderoJ a basis for a suit Impossible. Whllo In the oftico Wanner had a brother , Frank A. , who nctod ns clork. About one week ago' young Wagner's house was do- slroyod by tire and tbo lonir lost ledger wai rescued with Its cover only partly burned and was thrown carelessly lute u pile of rubbish by Iho firemen where II was today fished out by Pollcoman Hall , who. was working on the ca o. The book was taken to thu mayor's ofllco , where nilor n brief glnnco at Its pages it was sealed and placed in a safety deposit vault. On Ihu first j-ago of the lodger a crodlt of $100 was found lhal was among Iho disputed claims. How many other like cases were brought to light the olllcluls refused to say. Young Wagner is slill living here , but his brolher , Iho ox-water commissioner , is said to bo in the east. Wagner and his friends justified the retention of thn ledger bv claim ing it as a voucher for money withhold to balance the amount of salary duo. An invest igation will now bo made nnd the whole mat ter brought to light. The finding of the book has created a big local sensation. Crowcll Citizen Dem mils Sitlsfuctlon for FalsR ImnrisonimMit. FIIKMONT , Neb , , Doc. 2'i. | Special to THE Bi'.K.J Thu trial of the case of Herman Diors apalnst Jamus P. Mallon was boirun in tlio district court today. This trial is the out growth of the Pulsifcr murder at Crowoll In December , I8S9 , and the plaintiff asks Judg ment for damages to the amount of tJO.ODO ngainst Mallon , who was then sheriff , for talso imprisonment. After Shepherd and Furst had boon ar rested and lodged In the county Jail for the murder of Carl T. PulsiforShepherd con cocted nnd communicated to Mallon a story to the effect tint Herman Diers of Crowoll had been instrumental in causing Ptilslfcr's death ; that Diers had hired him ( Shepherd ) to got Pulsilcr out of the way , etc. This slalomnnt was mndo lo Mallon on Iho second day after Shepherd's arrest , which was" Sat urday. On Sundny Mallon went to Crowcll , arrested Diors nnd Drought htm to Fremont. Horwas lodged in the upper room of the rostdonco portion of tha jail , apart from the criminal quarters , and a guard placed over him. Hero Diors remained until Thursday morning , December 10 , when ho wns taken before County Judge Barge for preliminary oxaminalion. The examination was continued from about 0iO : ! n. in. Thursday to about 4 o'clock p. m. Friday , during which time John Pul- Bifor. Dr. Dovnos , Dave Long. Charles Shepherd and Sheriff Mallon were examined for the state. At the conclusion of the Int- lor's testimony County Attorney Loomls nroso and said that ho did not. consider Iho testimony of Shophen1 and the statements which ho had made and upon which Diors wns arrwted ns reliable , and tisked that Hie prisoner bo released , which was done. Diors Ihon promised to mnko somebody pay tor his arrest , nnd the case now on will determine it. Seven Jurors out of the regular panel of twenty-foar have boon retained und the case is being irlod before Ihcm. Diers has nlso begun action ngainst Frank Pulsifor , brother of the murdered man , for u like amount. a r. i it itr.it i inn nu : < it.ixi > . Lincoln Colored Man ProDahly Katully < nl by HIM Wife. LISCOLN , Nob.Dec. -Special [ Telegram to TIIK Biu.J A colored woman was arrested at 1 o'clock this morning charged with stab bing her husband , Seth Hol n , a barber em ployed 'on ' North Fourteenth street. Bjith hnd b < ) en drinulng all the evening and hnd a quarrel in Llndsoy's ' restaurant ever u dollar which the woman had given her husband to procure an apartment for thn nUht. After leaving the restaurant they engaged a hack , but before entering It tno woman wanted the dollar back. A soulUe ensued , in which Bolen wns slabbed with a pocket knife , The blade ontoied his neck just above the loft shoulder blade , Inlllcting an Injury which may result in death.- The wnmini was nr- rested urn ! the knlfo found In her dress poohol. Tills morning Bolon la resting easy but his physicians have Illllo houo of his rooovory. Boton is iho same man thai was tried for murder under such ensatioiml circumstances n year or so ago at Beatrice. Ho and a white man named Car. ou were arrested for the murderof a fruit irco pi > ildlor nl n colored dnnco , livcltoinent run high nnd thu sheriff was compelled to call out the state militia to prevent u mob of several thousand Indignant citizens from lynching the men. Ho wns acquitted at the trial. His phylciuns informed - formed him tonight that ho could not uossibly KOI well. Ho mndo n statement in which ho declared that the woman slabbed him. She also mode a statement today which may implicate two white men in the affair. She was not his wifo. They have been living together until recently. Lately sliu has been an Inmate of a quealioimblo resort In tills city. ho itnnlc Nob. , Doc. 21) ) . ( Special Tolo- to TIIK BKK. -Tho i Jury In the ease of llartlgan against Boitwlck , after being out t < vonty-slx : hours , returned a verdict todav for the plaintiff In the sum of js > , STf > . Mr. Unrtlgan purchased ton hlmrni of stock In tbo dofunel City National bank. The value of thuao shares ho soughl to recover , r.s ho was Influenced by fraudulent and untrue statements ns to iho condition of Iho bank. The plaintiff moved for n now trial. This Is tbo tlrst of eight or ten cnsos against the bank. Kliot Ills I'liiyniiitc. HASTIXIIS , Nob. , Dee , S3. [ Special Toie- to TIIK . Joe Dlokou the ' graiu Bisr.J , 1'J-year- old boy who was accidentally shot through the heud lost nk-ht bv a pla\ mate , Is in n precarious condition , und It ii'doublful if ho will llvo the night through. II nnrxlit Ki-nrln .Indite. Oun , Nob. , Deo. SI ( Special to Tin : DiK.1 lion. Edward M. Colllu of Ord , on the occasion of his retirement from the bench , was trndoivd n banrjiiDl by the mom- b of tbi > Valley county bur. The mccttiii ; look place In tBo dining room of the Hole' ' Ord , where covers wereInld for thlrti guosls. Atlor on elegant repast n Vorj pleasant time was spent In stories nnd rem Inlscences of the bar by such Jurists ns Hon T. O. C. Harrison ot Urnnd Island. Hon Thomas Darrell of Lincoln , Hon. A. M. KOD bins , V. II. Stone , and 13. J. Clements ot On nnd others. Juilgo Coflln has given general satlsfactlot whllo presiding ever the district court hero Ho will again tnko up the practice of law a Ord. _ _ o.r .i.v j.v/u.iA MViiur. lint It Cmsod a Hniisittlon Ainon-j IlcnvciClly OIllulalH. UHAVRII CITV , Neb. , Doc. 23. [ Special tc Tim\urB.J Several days nzo n long box came > \y express from Ouldo Hock , addressee loJ. .W Wulttenborff , u rosldont of Illati- inn.id precinct , this county. Thn box ra mittncd uncalled form the dopot. Yesterday Iho agent , F. C3. Alloy , became suspicion : thul nil MVIIS not as It should be , nnd lib doubts were deepened Into conviction by i strung stench which tbo box emitted. Hi accordingly made Invoitignllnns and Ihroug ) n smvll aperture ho discovered the ghastly lingers of it man , the Itosh of which had fallen from tbo hands. Hu nt once telegraphed lo headquarters fet Instruction * , nnd received word lo turn Hit cadaver over lo iho authorities. Sherif Hewitt , County A'tornoy McClurc , am Coroner Orcen were notlHcd , and propara lions for an Inquest wiiru commenced. The officials prepared iho necessary documoniH und nrocccdud lo Hie depot. Tools were brouuht , Iho boards woio tort away , and wrapped In hay was Ihu ghasll ] and naKci ! remains not of Iho vicliic o some dastardly assassin , but of Ihu rlgh form of an Indian mummy. It was part of t ( -bowman's oullll. Grand Lulum ! Fire lttiu-4. Ctii\Ni > III.VSD , Nob. , Doc. 23. ( Spcela Telegram lo Tin : UKC.J Another nttomp wns made last night to burn the store build ing occupied by James Fonnor as a men market. The flro was discovered nt about 1 o'clock this mornlnc nnd was protnntly extinguished tinguished by the fire department. The II n was started In the rear ot the upper story o the huihllnir , the wood work of which hat been soaked \ \ itb oil. The building is localut on ono ol the principal business stroeU. N < clut to tba fire bugs has yet bcon discovered Important lliiHtlnijH filtlg ; it Ion. HASTINIIS , Nob. , Doc. 2 ; ! . ( Special Telegram gram to TIIK Bui : . ] The first or the celebrated bratod I-'lnspahr jnses was selllod today Mrs. Uluspahr sues tlio estate of A. Yea/o for converting her property under nn nt tnchmenl. An attachment was made bj Yonzel on properly .supposed lo belong U Herman Ulnsu.ihr but which Mrs. Kinspuln claimed was hurj. The Jury awarded fO.OOl damugcs. Double Wc'dilint ; lit T llo Itock. Tvm.K Uoe-i : , Neb. . Doc. 2 : ) . ( Special tc Tin : Bii.J : : A double wedding occurred here yesterday morning at the homo of Mr. am ! Mrs. Conklln. Their son , W. A. Conklin , wns married to Miss Luio Sinn , nnd ihuii daughter , Miss Kuby , was married lo Ihe odllor of Iho Argus. They left for a wed ding trip on Iho noon iraln. ShcrlllH U 111 Moot. GHASII I4i.\xi ) , Ngb. , Dec. 'il. [ Special Telegram to Tin : Br.E.J Sheriff Costello ol this city , sccre-tary of the Sheriff's Stale ns sedation , has issued a call lo Iho sheriffs ol Iho sato 40 meet lu convention nt Lincoln December 2i. ! on important business. Al sheriffs-elect ara also requested to bo present , SnitH.DIsinisso'J. Ei.KiroiiNNob. . , Dec. 23. [ Special to Tut BEE.Tho ] postponed cases against the liquor dealer ? , charged wilh selling liquor on Sunday , were called in Justice Sllvis' court this morning. The action wns dismissed at the plaintiff's cost. LYONS , Nob. , Doc. 23. [ Special to Tins BEK. ] During the Ihundor storm yesterday Ihe dwelling of Charley Shumway was slruck by lightning and Iho roof badly damaged. Horse and ltu > uy Mtolon. GKXKVA , Neb. , Doc. 23. [ Special Telegram - gram lo TUB Bun. ] A horse and buggy belonging - longing lo I. S. Dorrls. n farmer living near Ihis city , wns stolen last night. aitti visa MUiiHisit riti.ii . Wltnr-Hsen for tlio Defense Give in 1'lio.r TpHtlmony. DiiN'vcn , Colo. , Doc. 23. In the Barnaby trial the dofcnso opened Its case this morn- inc by placing Edward Field on the stand Mr. Field is Judge of the probtilo court nt Providence , It. L Ho said thai In May last two wills mado'by Mrs. Barnaby were of- foroel for probate. The second ivill wns handed him by Dr. Graves. It was In n sealed envelope and showed no evidence of having boon opened. Ho received It in Dr. Graves' ofllco , and opened It and rend it at the doctor's request. Cross-exnmlned by Mr. Pence/ho said Mr. Van Slycb. who gave him the Chester will , was the custodian of Mrs. Banmbv's prop erty.Colonel Colonel Daniel Bnllou , of counsel for the defense , was the neixt witness. Ho mot Dr. Graves abont thirty-live years ago at n Con- nccllcul school. About a year ago the doctor consulted him about some Hlllo mailers , but since tnou ho has done no legal business for him iinlil Ihis irial. Ho became acquainted with Mr * . Uarnuby in October. Ihbit. Ho was summoned to the olllco of Dr. Graves lo sco a woman who wanted his advice. The woman was MIM. Bnrnnby , who finally em ployed Colonel Bnllou to contest her hus band's will. The will hnd been probated and Colonel Hallou had filed uu appeal , when n compromise was elfecteid. By tlio comnro- mise Mrs. Ilari.aby was to rVcolvo $10. > , CtK ) . Out of this amount Colonel Ballon received $10,000. as his foos. Colonel Ballou told about drawing up MrsT Burnaby's will. Ho thought the amount therein bequeathed to Dr. Graves was $ -r > ,000. The witness ad- milled ho had received a letter trom Mrs. Barnaby , complaining thai Dr. Graves was about lo appoint a gimrdhn for her. Colonel Ballon did not think he had a right to intor- Icro In the inaltor , ns Iho doctor was Mrs Barnnby's ngont. In lhi > cross-examination Colonel Bnllou said that no had paid Dr. Graves ijoO. ) for recommending him to MM. Barnuby In tlio contested will caso. Two experts In handwriting swore that although the inscription on the whisky botllovas similar In writing to lotlors written - ton bv Dr. Graves , they did nol think that both writings were by the same por.sou. In -Teas-examination , however both of the ex ports admitted that many lotlors in ihe In scription on lh i bottle and Ihoso in Dr. Graves' loners wnro the samo. Dr. Glover anilI. A. Bennett , veterinary surgeons , were called to prove thai ar.sn.nlta of potassium was bometlme.s kept in livery staules. The point desired to bo made by this testimony was to show that ns the buttle of whisky hud remained In the buggy in a stable over nluht before htilng delivered to Mrs. Barnnbv , that soini ) of the hostlers might have drunk the original contents of the bottle mid In order lo escape detection refilled it from the nearest bottle at hand. In this way they might hnvo stumbled upon a bottle of aMenito of potassium nnd have emptied u Into the rrlclnnl whisky bottle , thus explaining the proseiica of Iho poison In lhal botllo. Upon their cross-fxainlnatlon It , was developed that they could not nainu nnv positive in stance in winch they hnd seen nrsonlto of potassium In a livery stable. 'Iho e-ourt then adjourned until tomorrow \\honDr.Gravus will go upon the stand In his own bcualt. . \nlts Cor an In.jmiotlon DBXVKII , Colo. , Dee 23.In the United Slates district court here yesterday the firm of Clasaolni , Boyd & White of Chicago , Hi rough their iittorinjy , Tuylor ! : . Bram of lhat city , filed n * ult against the Colorado Klro Clay Manufacturing company of Pueblo , L'olo. , nllcflng that the doloiidants have In. fringed upon tholr patents of Iho brick press known ai the Boyd urlck press machine. The ulalutlffs ask the court to enjoin the Colorado l > 'm > Clay company from further using the inarhlnos , and uUo Hint the defendants bo wide to render an account of the proIIus iVhleh may have accrued to thorn bv the use ) f these iniichlntu , In order that the plain- ifl's may bo reimbursed for the iinuo. UNDER A CAR OF LUMBER , Burlington SwUchmrm Injtmd in a Peculiar Manner , NO DEPUTIES MUST BE DSMISBED , CliloT Itlnnoliiiril of the Htnlo Crnlt Inspection Servian GIVIMI Very Positive InstruutloiiM l > y the Itiiuril. Neb. , DJO. 23.- ( Special Tolo- grnm toTm : HKK.J Joe lluildy , n switch nun In tliu Burlington yards , mat with un nculucnt rit noon today Ihut may result in 111 ; dentil. Ills train was In tha act of switching u u.ir load of lumbar. Ho was standing or ttii ] car , and the stakes In some way gave way. precipitating Uulldy nnd half the loat of Itlmbcr to the ground , the boards falllni ever ami completely burying him. Hull ) wii nt once procure. ! , and liu wns oxtractod. The patrol wagon with officer Listen wont dowt : mid removed the Injured man to bis home , liMI'J ' S street. His wife wni not at homo , she having gone to the school hotiso to iittond the exercises there. The door was broken in , the mini put to ued and a physician sent for. It Is prob- abla that liu will ulo of 1m Injuries. One log is broken , his nook und chest badly bruised , iil.s face hurt anil internal Injuries uro disc feared. The State Hoard of Transportation hold t nicotine this nllornoon to tnlte some action In regard to a dispute which has nrison botweun Mr. Blnnchnrd , chluf of the grain Inspection department nt Omaha , and some of his deputies. Several weeks since Blnncbard transferred Deputy Inspoctoi Andureon from the Omaha department tc Lincoln. Under the peculiar construction ol tno law tbn department at Lincoln Is en tirely independent of tliu one nt Omalin nnd does not recognize Air , Blnnchard's author ity. Mr. BInnchard Is of course cognisant of tills statu of affairs , und consequently his "tlansfar" of Anderson fromono department to another amounted to a polite , diamlssa1. At the mooting of the board today Blanch- nrdv as ordered to ngnln place Anderson's name on the pay roll , nnd the oxpunso n < : < counts for November , which did not contain Anderson's salary , wuro returned for revi sion. The board further ordered tbnt In the future Blanchard should not discharge. 01 transfer nny of the deputies In Ills depart- nient unless authorized by thu official action of the bourd. The fooling In the nmttor of the grain in. spcctlon department * is rapidly becoming aggravated and some sensational develop , men is are alleged to bo imminent. Sherman Churchill of Bennett was ar rested yesterday for stealing an overcoat belonging to Minor Wood. The theft oc curred one week ago tod' y nnd the cnat was taken from the back porch at Dr. Dayton's residence , whore Wood was wonting. Churchill Sent for his father , who said ho hnd given the boy the cent , having pur chased it , from one Hobortson In Bunuott. The city marshal of that place was tele graphed and he and a constable came up today with Koborison in charge. The latter says ho had purchased it from n stranger for $1.50. No ono would swear out a warrant for Hobortson and ho was allowed to depart. The court , becoming convinced thai it was impossible- the Bosslomun Jury to agree , discharged them last night. They had a seventy-two hour siege. Ono man , who refused - fused to sacrifice his opinion of the prisoner's guilt , hold the oilier eleven. Bosslcman was released on $300 ball to appear at the next torm. The Burlington has expressed its willing ness and readiness to go ahead with the O street viaduct , and word from the Union I'acilic and the Hock Island is anxiously awaited. It is understood that the laltor ob ject to paying their proportion of the cost of that viaduct on Ihc ground that ihoy tmvo no tracks there , but the Union Pacific wilt try to hold thorn for their share under their Joint contract. Randolph M. Valch Hied a petition in' the district court this morning-against hts.wlfo ; Cynthia , pra.vlug for a divorce from her. In his petition the plainllltsol forth that ho was married to the defendant on October Bo , 1374 , at Auburn , Cayugn county , TJ. Y. , and ever since ho hnd conducted himself toward her as a faithful husband , but that the defend ant , disregarding her marital obligations , on March 1:0 , 18SSJ , wilfully deserted him. In pollco court this afternoon L. C. Kent was given foOand costs for exposing his per son. It was shown In courl that ho Is an old slnnor at tin business. The not was com- mltttJ no less than four limes last Saturday. Reason n bin evidence was shown that ho is the man who has made a practice of it for the lasl year In Lincoln. Judge Cochran read the riot net to him when assessing the line. Ho told him that he know of no brutal net which so thoroughly degraded n man In his eyes as this of insulliug women in the streets. Dr. U. L. Snydorloft today.for .Frceport , 111. , to Huoncl Iho holidays. On January 21 he sails Iroin San Francisco for Hong Ken ? , whereho has been called to assist an Ameri can dental firm. Dr. Snyder Is a graduate of the University of Pennsylvania dental de partment , nnd received the appointment thiough his' alma mater. DK.II.T IIKAVIIA' J.\ LAX I ) . Hut It "Wns III the Middle of tlio Mis souri River. BiioKKN Bow , Nob. , Dec. 23. [ Special to Tin : BEK. ] The arrest of Robert Stephenson - son nt York yesterday is the culmination of n bold plot to rob farmers of this vicinity by the wholesale. The case for which Stephen- sen is now hold grows out of n horse deal on a big scale , In which notes nnd mortgages wcro the circulating medium , and J. D. Huskell the victim. E. Vanaovcn- tor of Mound Citv , ICan. , who was formerly a resident of York county , nnu well known to many of the old stittlors or this county , accompanied bv n friend , Robert K. Slovens of Mound Clly , wont lo Ilaskoll's ranch nt Mllldalo with a view to buying n herd of horses , They suc ceeded in driving n trade with Husfcoll by landing ever to him notes held by Stopbenson to thu amount of ? . ' ,0K ( ) , secured by a mort- J.IKO on 200 acres of land , represented to bu n Mlssouil Valley , Mo. Stephenson received tnorefor forty-two head of horses in ex change. Later llaskcll became alarmed by the man ner In wliiuh the hursc.s wcro being disposed jf and wired to Missouri Vnllov to ascertain the quality of the lund for whlch-tho mort gage had been giv.m. Ho was Informed that the land In nuostlon had long since boon swept nwuy by the current of the rivor. Of- llcors were inlormod of the deal and the iir- resl followed. The other man escaped. Such IH the Vrrcliot oCaYhito I'liiins , N. Y. , .liiry. WHITE Pi. uvs N , Y. , Duo. 23. The in- ijulry into the sanity of KM ward M. Field began this morning before Judge Hobortson nnd n crowded court room. A Jury was se cured after n .slight delay and then counsel for Mr. Field wad the affidavits ol several mysioiuns stating that It would bo extremely Jmignrcus to remove Field from Ludlow street Jail to White 1'lulns. Judge Rouort- son thereupon excused Field from being irosont. The tailing of losttmony was tlioii * " ° commenced. D. Ogtltm Ilradloy , prosldonl of the Tarry- own National bank , testified that Edward M. Field had done business with his bam ; for yours. Dnrlni ; thu pad iwo years wlt- icss hod noticed Field's ' peculiar actions , and mil refused to loan him any inoro money unless his father , Cyrus \V. Fluid , wbuld go its security. Dr. Llmiluy , the brothin-ln-law of Edward M. Field , te.s titled that young Mr. field was indoubtcdly Insane. Mrs. Edward M. Field , wife of the man whoso sanity is In question , testified that her aulana had been acting strangely for some line past. Formerly l.o was atrootioimto. mt during the past vear ho hod become norosa and Ill-natured. Her husband fro- luentiy spoke to her during the Miuunor of lomo grand ilnanclnl schmna and tried to oil her of It , but it would suddenly vanish rom his mind. Ho bo ran to tu'lk inn- aerently und stared vacantly at frli'iids vhom ho chanced to moot. Ho ha'i nlwuys otislderoei hU sent oof honor pai amount to 11 uUo. Ho hnd mo tty spoken 'to her of Inanclal Iransnctlous hu uod tm il.\ but uhnii reproached * her xvould declare ho hai never made Them. In her opinion thnro wa uo doubt ns itoHrer husband's Insanity. Drs.AlloiUMltc.h and Frank H. Ingram experts. to.Mil'A'd that they hnd oxamlnoi Edward M > iHudl Auvcial times , nnd declare , most positively that ho was Insane ) . Thu case wjiHhen subnilltpl nnd the Jtirj retired. AfieQjjelni ; out ten mlntitos thm returned with M verdict slating Hint Kownn M. Field wns.iu-iluniitii1 und not respoimbl' ' for his action4. ) . The vt'r.llcl was unanimous Tlm jury lonnMstod ot twenty-four men who listened with marked intention to tin uvldoncu prawnml ) , nnd returned iholr vor did wllhoul hearing argument. It Is propo to snv thai while only n part of Ihe ovidonci available wiw , i > rc.suntod Iho case wits ro gnrded bv nil eoncerncel us cnncluslvo. The Jury also found Mr. Field's persona property to bo wprth S'M.OOO. n K Mir.vtf/j , r. i. c. Sonic of the Aulilcvciii"ntH or tin Dciul MillionaireIliirni * Itr oilor. Mr. ,1. I. Caao , whoso death was announced - nouncod ycstcrdnvvwfis even bolter knowi as an owner and lover of trotting hqrsc than ns n manufacture ; ! ' or millionaire , slnci nl ono tlmo ho owned the champion Irolllnj stallion in Phnllas , ' : \\Ji \ , and the fnstes trolterln the world In .Iny-Kyo-Seo , 1:10 ! : , i llttlo black gelding that ho purchased It Kentucky a coed nmny years ago for WOO before the colt wds broken , nnd that sub-to quonlly developed .so much speed lhal as i l-yoar-old ho trotted In 2:10 , which was n that tlmo iho fasiosi tnllo by n irotter of lha age , und subsequently hold ttio world's trot ting record by a mlle In 2:10 : ul Providence , I being only u few days Inter lhal Maud S came out nt Cleveland and lowered .lay-iiyo Sco's mark. Phallus has been succeeded as iho chnm plan trotting stullion by half n do/en olboi horses since ho mndo'his record of S.iy'j nbout ton yours ago , but In tholr day thesi horses were the turf sensations mid causee Mr. Case's nnmo to bo published ovorywueri on nccount of bis ownership ot the animals Mr. Case wasn practical horseman , nnd frou his boyhood had been interested in Irollmj nnd driving on the road , being himself at export rcinsinan. Ho established what I ; now known ns the Hickory Grove slock farm ncouplo of miles south of Uaclne , n gooe many years ago , anil iho firsl famous horse lo bo taken there was Iho black stallion. . Governor Surague , for whom Mr. Cnso nail JU7.r > 00 ufior ho had seen Iho horse Irot hall n mlle us a 5-yoar-old In 1:01) : ) , which wn a phenomenal rate of speed for n horse of that ago In these days. Govontoi Spruguo made n record of 2:20 : } tlu samosoason , thereby crowning himself tlu .fasiosi 5-yoar-old .stallion thai had abpoarod up to tnnt time , and Mr. Case was naturally verv proud of the black horse > ' .s perform ances , as In addition to boingu fast level headed t troltor Governor Sprague was ulsc n perfect pot In thoslnolo. Ills progeny have In nearly every inslanco turned out to be fasl trotters. Of late years Mr. Cao has turned the man agement of his farm over to his only son , Jackson I. Case , a young man of 27 , who has recently managed to got himself electee ! mayor of Kucine , and who , In addition to pos sessing bis father's hustling qnlities in oilier directions , is also very tonel of horses. Last summer ho championed a string of trotters , doing his own driving and dome It well. It Is pure lovo.i of .tho sport that keeps youno Case on the I rotting turf , as his father's wealth of courumado it unnecessary for him to go into the business from any other point ot view. - * r lit Lincoln. LINCOLNNpb.j Doe. 23. [ Special Tele gram lo TIIK BKK. I The second tug of wat contesi at Iho Lansing opera house this evenIng - Ing was even indrb , oxcitiiig than the first. All the contests \ycro close , nach of the four being a tie. Tuupollco ! outpullod the Swedes two inches and tjp ] Americans were victori ous ever the pynitpntlary guards by ono inch. The Firemen pind Germans lugged at the rope the full alotleclinio ) \ of twenty mlniiloa and then the .jqfgroe , declared , a tlo. The Irish team and , JJ & 1frojght \ handlers pulled seventeen minute ? , when the anchor man of the fortrtdntrajio out and the coutosl was given toVhQ.Jr Kht handlers. Score up to dujn , ! . . U- , , Going nt GuTTKNitEito , N. J. , Doc. 23. The track wns in very bad condition today. I-'Irst race , six fiirlonus : Sir George won , Lillian second , JuleU third. Time : 1:17 : . Second race , live fiirlons : JUslo won , Morgan O .secund , Hosa t ) oolt tliird. Tlniu : lU.- : . Third rnce. slv fnrlonss : Olltnax won , Cut- lln hoeond , Gettysburg third. Time : ! : - ' . " > . I'onrtb race , six furloims : I'aranon won , Manhnnsoll second , ( iamhler third. Time ; 1117 . Fifth race , six furloius : Huncro.is won , Va-jabond second , St. 1'ancras third. Time : lii : . Sixth r.-ice , ono mile : Smuggler won , Cyno sure second , Hohomltui HilrJ. Time : l:47Vi. : ROXIIISJ at Gonovn. GKNIVA : , Nob. , Dec. 211. | Speolal Telegram to THE Bii.J : : -boxing mutch occurred herd last night between I2d Nottals or Ohlown , colored champion of the county , and Tom McCloud of Tobias , with six-ounce gloves , QiiEQiisborry rnlus. The bout was settled In three rounds , being given to Mc Cloud on a foul. Hb was oulsparred In every point by the colored man. A largo crowd of sports wore here from Tobias and Ohlowu to sco that their men had fair play. At ( lit ) ( oliHeiini Toinoi-iow Nl hr. Manager Jack Prlnco has prepared a good card for Iho Coliseum Christina.night. . First on the program , will l > o the first bout of n series of three between nn African and Italian tug of war teams , which Is to bo fol- lowoU by u ten-mile bicycle race , foiii1 entries , and n livo-mllo.rollor skating raco. The tuir of war Is to bo iwo out of throe pulls , and as the daritoyt , and Italians both hnvo strone teams a good deal of sp.ort may bo oxpectod. Good music will bo in attendance. I ykciH ( oiiiln < _ - . Senator Morgan received the following telegram yesiorday from Harry Cornish of Iho Boston Alhlutio assoclallon : ItosTON. Mass. . Doc. 21. To W. J. Morgan. Omaha : The Kiiropcan champion bleycll-its , D'l'lannagaii , l.nmsJenVoo.l. \ . I.ninb , llowull nnd Ddlln , lufl hero foi L'hleauo and Omaha yosterdurAshinneritnd Alberts follow Jlon- [ lay night. Wood won the Worcester rat'o , IjuniMlun Hot-ond , AsbliiRcr tblid , Thu latter und hiiiiisilen lost one ) lap by fulling. Hole has L'hnrauot the parly. fou.sisn. Tips Kir Toilay. There Is reason to consider these horses likely to win today at Gutloiiburg : 1. RtratiiKinn Oohnii. L1. Mill Yoilns Vtis.'ln. it. l-'lattory .M lCwvur. 4. TlOJIll Itlltll , . , j-j ; r > , Ciissollii lluiuiVriliii , jsuii fjjjrrKnTitito.tr. PonioHtlo. ' ' Walt to crow weaker. Hccrotaryof W'ltr'hlkins Is In Washington , Done llros. . dr/i-l-hls ( lealorn of liulnsvllle , Tev. , fulled forif.lhMU ; iissols , javOO. II. lllniilunshlha | ) , hiton appointed lecelver if the business of , ! ; . llouman of Dallas. Tex. , it the requestor erlwuors. MIlWiiiiKi'o's obni'iiilttfo Is hard at work. ind will sp-ironp ivilns to capture the demu- . ratie national Now York customs iifllcors have mailo it iul/iirn ot n nuiiiVor ( it valuable paintings ivlilch hail been i-wjjsslod Into tlio country. Coliocttir HaiAvuHr WamicnstlM of the I'wuiity-tlilnl miffltt. I'cnii'.ylvaiila. Internal oveniio survluo , hug bee-n rumovod from illlco by the prusldent. An unknown nss-iMln lirod upon \V. M. .ovell of Helton Ky . through nn open door , mil killed him Thirty.four lim-knlint puno- rated the body. .No olifti lo the mnrduier. The condition ( if C'jinsW. I'leld Is consld- Ted more hopeful th-ui It hu boon for MJIUO lino. Uo N uhlo tobltup mid tiiku a llttlo imirishment. ll ) family nuw huvo no fours if inmediate ( lunger. l-'oroi in. The i'roneh chinnbcr of dt > pilHr.s hits n\cd liu tarllf nn petroleum nt 1'J tritnci. Tbo now iMiiiimirclil trcutlt'o have passed lit ) third rt < iidliiK In the lower house of the luiiKurliindlut. , Mr. Itulfoiir nnd W. T. Jnoknon will visit rnUnil for Iho pnrpun ) of InverttlKatliif iho Ishcry liulnstry , The Itoniiiuiilnii clmmbor has bucn ells- olvod. Ihuuluctluiisfor nuw member * will . iu bold on 1 ubruury' ' ( . I Do Witt's Utllo Early Rtsor i best llttto I ltsfor.ljrji 4nt a , teur tomacb , bad brcuth i IN THE EVENT OF LEO'S ' DEAT ! Instructions Hnvo Been Rcceivdd tj Koe Ills D.mU * Secret. MIS HOLINESS IN VERY POOR HEALTH I'lottlnir In Itusslii nnd Stu-vlni : li Kin In ml Chlnu'N ( ii'oateMt { juul ( OviMi'lM In Countries. ROMP , Wee. U.I. The pope dollvorcd nil nd dross nt iho niinunl reception of the sacrci collcgo today. Referring to the labor encyclical cyclical , ho said thai ho was gi-atllled tha thai documcnl hud produced a marked move racnt among tlio worlcing classes to ward iho holy s.-o. His objecl in no dressing iho French workman's pllgrlmagi has boon to render the encyclical mori ollcctlvo Ho has not signed similar nddrcssc' ' lo pilgrimages organised In Kuropo anil Amoricn. Hut the vistis of workmen havi been suddenly stopped by undlgnillec means , nlroady known to the world. Thuj had nothing to fear from the behavior of respectable persons In coming to Ronn to pay homrigo to the popo. Among then were neither agitalors nor disturbers of tin peace. The word of the pone has ulwav ; boon the word of pence , sweetness am charity. The adversaries of the churc-l strove to defeat Its nobles I nnd mo3t bonoll cent undertakings , because they foresaw that Ihoso undortaklngs would heighten tin glory and Influence of the uapaey. Novnr- Iholess iho tmpacy would per.severo In il : mission of peace , salvation und redumption oven to the advantage of Its adversaries. The Lancet's Italian corrusponden asserts that the pope had n fainting lit , fol lowed by extreme prostration after the las' ' consistory , and thai the fact was kept a pro found secret , In compliance ) with onicr ; imiiosod on the personnel of iho Vatican , ir accordance with Pope Leo's secret bill injoinlng secrecy in tlio event of his death until curtain formalities regarding the con clave have been concluded. To Ihoso score ! orders , It is said , are duo oflleial denials o : the popo's illness. Story of tlio KCHUUIMI KlulitliiK tin ; Kire. LOXDONDec. . 23. It was1 o'clock this morning when the first of the Abvssinla's people , comprising thlrly-four passenger * mid olchty-ulght of the crow , reached \Vutcr. lee stalion by rail from Soulhnmplon. Tlio party was conducted by Purser Brandt , and they looked depressed in the dense fog which filled the station. They were met at the rail way station by the agent of the Guion line , who sent the party Immediately to Liverpool. Previous to tholr dopartuio. in an inlor- vlew with Purser Iremit ! , ho said thai the Abyssinia .had a fair passage until 1 o'clock p. m. of December 18. At that lime ho was lold Ihe shin was on liro. lie looked and saw smoke looming from the hold. Purser Brendt added : "Wo got the hose stretched and the en gines started. Wo woritod ns hard as wo possibly could to get nt the lire , but almost immediately Iho llames burst through where we were working and drove us oil. At the same tlmo Iho walch reported that the Spree was standing up In the ofllng. Wo signalled to her and she bore down to us and sent oil boats to our assistance. Before two hours and a half had elapsed the Abyssinia was a mass of llatnos. " Tlio purser further snid that when the fire was llrst discovered great anxiety prevailed for a tlmo. This was speedily quieted nnd the passengers and crow afterward behaved admir.ibly. vV'bon the order was given to abandon the ship everybody loft her ni coolly as Ihough they were going aboard the lender at Liverpool. Mr. Brendt spoke very highly of Iho treatment accorded the Abyssjnia's ' ppoplu on board the Spreo. Captain Williger and otllcers and crow did everything for tholr comfort , and treated thorn in Iho kindliest manner possible. F.ITAT l\'ti.l3llTK JtXPf.OSIOA' . Two Mon Killed by the Deadly Stuff at Antwerp. AXTwnni' , Doc. 2.1. The city was starllod Ihis morning by a tremendous explosion of dynamite that shook iho earih. A cargo of dynamite bolngllghtered hud exploded , blowIng - Ing 'uo the lighter and sinking a barge. Two men employed on the vessels were Killed or blown Into tbo waior , where Ihoy wcro drowned. Plotting in Kii.siin. LOXDOX , Dec. 28. The St. Petersburg coirespondent of the Times says : "Numer ous arrests have boon made of workmen in mills and factories in the suburbs of this city on the charge of being concerned In an alleged - logod nihilist plot. Plans of the czar's pal ace were found In the possession of mary prisoners. Gossip says that n professor's wife has been arrested on the same charge. " The Standard's correspondent at Warsaw savs thai further arrcsls of nllcgcd nihilists have boon rondo ihoro. Jt nas transpired that 12,1)00 ) persons nro starving in the north ol Finland , which country has hitherto boon supposed to bo free from famine. Sixty Worn ICillod. LISIIOV , Doc. 23. Advices have boon re ceived from south Africa to the effect Hint whllo the Cortlnhos oxpedilion wns onrouto from Qulllimane lo Maghamba , an explosion of gunpowder occurred by which sixty per sons were killed and 170 wounded. SHORT IX III * .ICVltUXTH. MIolilgnn'H ex-Seurctnry Mnkctf u DepoKll to over a SliortastP. Ij.ixsixo , Mich. , Deo. 23 , Hon. Kobort B. Black of Mnni.steo was tendered and nc- coptod the ofllro of secretary of siaio mndu vacant by the resit-nation of Mr. Sopor today. Mr. Sopor deposited with tlio state Irensuror the sum of $23 , accompanied with it letter , baying in .substance that ho hud discovered by memorandum In his possession thai hu hold curtain moneys belonging lo the state , and that ho had applied lo the oMIco of Hie secretary of state for Information ns to tlio pxact amount , but it was refused : Hint his success hud been no greater In mi application to tlio invosttt-'atlng committee , ljut ho was of the opinion that Iho amount did not ox- cccd that deposited , and that ho stood roidy to pay into the treasury whatever sum might IH ) found duo from him. It U bi'llovod this will relieve Him ol the liability of criminal prosecution provided the report of the in vestigating commlttuo should show him In default. IMC03WI117C HVlt.lllXG. Output for thn Your Comparison With IjiiHt V'car'H Output. NKW YOIIK , Doc. 3 , ) . The Uullroad Ga- sollo , in il Usuoof Dacombor23 , will say : From the returns of locomotive building by : ho private shops , Hint Is , ull eitliur than rail road shuns , that uo have received up to this liitt' , the output U IUSH than It wan last yuar. iVo can compare the product of hut thirteen ynrks In the two > onr.- > . but those Include till if tliu liirjie ) HorUs. Thuso show - , I.V | ot-iiiiinttvos built In 1MII , against U.L'Jil In iwi. u fulling oil' ot u llttlo loss him 4 bur cunt. 'llils Is holler bun we ) hnd anticipated from Ihu current in- ) url.- . which have uenoiall.v buon that work In bo shops wim stuck. Thu fuel soutns to hu Inn within tlm lust ( no or throe yourtliu ua- nit'lty eiftbe ) prlvutu shops hitIncrcasod so iruatly mat what Is now but a very inudoriitu mslnt'ss for them would have * Uejit thorn run- > | IIL' 111 hliiii't day a short time iigo. All lint Inco of the1 shops fieim whiuji wit h.ivo t-nni > inratUi ! lliiirus foil otr this yc'ir. anil thuro ere Bpiiclal roisons why Hieisn thrno should ntvo liiL-ruiiscd the-lr output. Tlm total ont- mt uf llfleen works this year two of which lid nut topnrt lust year- * " , : iaJ. The I'd.ilh ' lloli. ftlt'nCVTiVF , la , , Doc. 23. K. M. Burnett , n rominont citizen of this place , dropped dead f heart disease ) this morning , aged 7U years. LKXI.NUTONKy. . , DeeJ ! Colonel K. S. itraaor , ono of thi ) best Known horsemen in untrlra , died here yesterday ot pni-umnnla. KI.KTON , Md. , Dec. 2. ! . John A. J. Crus- f -11 , ox-postmnstor gcniral died this morn- S\l.T f.liCK , U. T. , Doo. 20 Bishop John iunp , ono ot tbo oldo.it rcstdutiu huiv , u very prumlncnt and .vibsUtitliil ninn nnd ono of Iho dlroctoM of thn t'nlon Pu rl tie railroad , dlml today of Iniosllnnl Iroublo. Mo was d nallvo of Scotland , and has bpvin hero slnco 1S.V ) , UP constructpd the mo t difllctilt purl * of the ftiiou Paclllo railroad Hirotigli Wobcr nnd Hello ciuions. t'lUiirKMiov , S. C. . DJC. vl.Mr. ! . K A. Kinlocli , the most eminent surgeon In the state , ilonn of iho faculty of the South Carolina lina Medical coiloco of this city , dlod this afternoon. Kill I urn in.l'iMiim ) Iv inln. Ai.ruoM , P.I. , Doe. ai. TUu Tyrone banic fnlltiro Is assuming Inrgi ) proportions , iho liabilities roachliiL'SW.OOj with almost posi tive assurance that not 1 cent will bo paid on the dollar , 'flu stockholders have either dlHiippo-irod or refuse to bo soon , and the people o'Iho town are dumbfounded at the state of aflatrs. There Is oven talk of ivnch- ing ( tuyui. the cashier , If bo is found. " Ono suit bus already boon brought usiilnsi the stockholders and arroUs are Ilkuly to follow. Vl.OSK c.it.t. I'Uii ; / ; / ; / . nt'K > > is. Hotel at Mulvcrn , In . Itnrns , hut all tillllllll.lll'S ICHL' < | > l'- M\i.vnt\ : . , Pec. 2i.-Spechil : ( TelOgram to TIIK UKK. I The Foster houso. ono of the loading hotels In the town , was totally de stroyed by lire this morning. The tire wns discovered nbout U o'clock nnd the origin was located in or near thn baggage room , under thu .Uiitrs , udjolning.tho olllco. ll is supposed to have boon stnrlod by malchos Ignited by " inico. Verv llttlo of the vontonts were saved" . A number of narrow useupoj are roportnd nmoiiB the help and gue.sis. There wore nbout twenty-live guests , including it num ber ot traveling men. all of whom lost their baggage and samples , ( ioorgo l-'oulks of Iho llrm of Foulks Bros. & Co. escaped from Uio .vlndow by moans of a ladder , in Ills night clothes. Several otuers escaped the snmo way. One man jumped from the second story window fortunately without injury A system of waterworks Is being put In bv ' the town , but Is only Just begun , so tha'l there were no facilities for lighting tno lire. The total loss Is about ? 3li ) > U , covered bv S..SOO insurance on the building and $1,000 on tlio Inrniuiro. The building will undoubt edly bo replaced bv n brlcK M\vYouu , Deo. 23. John Chanoletl & Sons' , scale factory burned this morning. Loss , $113,000 ; fully insured. Sui\Mnsio ; , Cnl. , Doc. 22. Early this morning Baiter .t Hamilton's agricultural wnrclinurc , containing a valuable stock , was entirely burned. The contents of the ware house were wagons , buggins and agricul tural Implements and about 1OOJ.OIO ( gun cartridges and forty pounds of powder , which oxnlodcd. Total loss about SV.OOO , fully insured. LONIKIV , Dec. 2i. ; The oitablishmoni in the Otlunham court road of the moroatililu lirm of James Shoolbrud .t Co. was burned last night. Some adjoining promises were nlso burned. The burnud plnca of business was only ono of the several in London which tin1 ( irm owns. Tursrov , N. J. , Doc. 2-'l. ICarly this morn ing Cook & Hancock's Cresent pottery burned. Loss , ? 100.000 ; fullv insured. WANT nOlt-J ! SHOW. Grain Mctt Have ti I'ropo ltion Tor the Hoard of Tradi * . Grain men want a larger representation in the Board of Trade in order to try and make a success of trading on 'chance , and to this end the grain board hold a meeting last night at the olllco of Joseph A. Connor. Two eratn men nro temnovarllv on the Board of Trade directory , but the gram board not only dostre- , that these two men bo re-elected by the directory , but thinks two additional groin dealers should bu placed on the directory. The Board of Trade directors will hold their annual mooting thu llrst ol Iho year , and thorn are directors whoso terms expire - pire , and the gram board wants to fill the va cancies. Mr. Connor was made chairman of the meeting and Fred Schwartz nctod ns .secre tary. After some llttlo discussion , James Walsh introduced a resolution to the effect that the board wauled J. A. Connor nnd Charles II. Fowler re-ulecled lo Iho direc tory , and Hint the grain men boltovod they were entitled to two additional members oh the board of directors. Then S. A , MoWhortcr and James Walsh were named for the places. The resolution will bo senl lo Iho Board oC Trade lo bo pre sented at its next meeting. HOUMI TO UIO P.\l . Llttlo Gertie Kelly Wouldn't Be Good for Any I'rlcn Lltllo Garlic Kelly , Iho depraved girl who was sentenced lo Ino reform school by Judge LMcllo a dnvorio ago is In tnmblo again. Father KlL'go of CrclRhton colleyo in terested himself in thu girl's behalf and arranged with Iho court for n remittance of the sentence on condition thai iho child bo sent to the Homo of the Good Shepherd in Chicaeo. Arrangements were made and a man cm- ployed by Father Klggo to luke Gerlio to the home. Upon the pretext of wanting to got sumo clothing from the shack on the river front where she had been living with four men ( -icrtio induced her keeper lo go there will. hor. Once in her old haunts the girl gnvo her guardian the slip and could not bo found. O Ulcer Burnn found the child In hiding yesterday afternoon nnd sent her lo police headquarters for detention while Father Ulirgo was notified. I.OV.IL IIHKI'lTlK.t. . . . . The oil Dalntlnc ontlllnd "Ulco , " presented by Mrs. Souvoy to the Pollco Relief Fund association , will bo rallied off this afternoon al 1 o'clock. Dun's agency reports Uio falltiro of O > car Tidval of Mindon. dealer in dry goodi. The store was closed on chattel mortgages ag gregating 5. , UK ) . Hurry Starks Is behind the liars at pollco hnadqiiiirtcrson a complaint wnicn uhargo.s him with petit larceny. It K claimed that Storks went Into a chop house al r0 ! North Sixteenth street last ni ht nnd stele sumo plates , knlve.s , etc. On account of no quorum bcmvr present , there was nu meeting of iho Jtobmska Humane sooioly , which had boun called lo meet in the Paxton cafe parlors. Another call for n mooting will bo sent , out directly after iho holidays. Coroner Harrlcaii bold an inqneit yester day mornlnc at Hcafov's ever the remains of Aloiuo Wllklns. iho Union Puclllc brakn- man , killnd al Valloy. The Jury returned u verdict nf nccidunt'il killing , exonerating Willtins' follow trainmen. Jnvo Tiu-O-Tii ) Victoria Flosso.uln Din- gnn Omislin , son of King Ceiowri Totown , will leoturo today at the Commercial college , over the Boston store , on the habits ami IMU- loins of Ilia people of Africa. Jnvu TIp-O-Tip oic. , Is but lOyuari old and has been in HiU country sU years. He will also sing u num ber of African songs. Admission will bo free. free.A. A. ll. Tndd of Dos Molnos , la. , caused the arrest last night of W. J. Margrave and James Civrleron iho clinrgo of perjury and removing mortgaged propurlv from the stato. According to Todd's lalo the prisoners pur chased household gooks on lima and swora t hut they would not move tnom. Later the plunder , valued at ? l"il ) , was sl.lpptnl woil and followed by tlio pair. Todd traced thorn and the urrc.st was made shortly nftorward. TAKEN UNDER ADVISEMENT , Judge Doino Heats Anunnnti ; 01 thd Fur- ulturo 0.n'Mot Itijutio'.bn. _ _ _ _ _ /r MR. SIMZRAL'S ' REASONS FOR ITS ISSUE , Action of din Con no 11 Held to Jtc \'o it on Two Important UhU : the l'i esentcil. I Arguments In the Injunction case ros train Ing thu city run ! Mayor Cusiilng from signIng - Ing the contract with the ICoteham Furnittirj company tor furnishing the now city hall with furiiituro , were made yoUordity nfUir- noon before Judge Donna. Attorney Slmoral , who npprtarod for thonp- bllcanl for the restraining order , maintained Hint iho contract wm void mid should not bo -signed bv the uinyor tor Iho ron-tnn that the bidders were nskcd to m.iko tholr own plans anil specifications ILS well as bid on them. Ho said this opened the door lo fraud and DOT ruptlon , us the council could not intelligently determine who was the lowest bidder when tlio bidders were bidding on dllTorunt kinds of work. They should have been furnished plans and specifications by tliu council , nnd thun let the contrai-lors hid on ono thing. Mr. Slmcral , In support of his position , rend Nebraska ami Ohio mithoritlos , and In one ) of liulgo Maxwell's decisions in the case of n citi/on In Uuflalo county against -the county e-ommlssioiiors restraining them from lolling a contract on account of the contractor havl ig furnished his own plans anil speclllentions for a bridge , the courl hehl lhal Hie ) door was open for fraud and corruption. Mr. Slmernl thought that neither the city council nor any other body could accept plans and bids at the same time. There was no basis lo go nn. Kach bid should be on ono plan , otherwise ) there was fraud and thai action had boon denounced by Hie courls. No valid contract could bo made or awarded. lunorcil the Clly'H Charter. Another question which invalidated the contract , Mr. Simeral maintlined , was the facl lhal Ihu contract was lot in September by the acceptance of tlio bid , although the ) contract in form had not been made ) . Tlio acceptance nf the bid , he thought , wns the mauinir of the contract. The contracl was , therefore , made before Iho bonds had boon voted upon In November , and us the bonds had not been Issued there was no available fund , ns thcto wns no money with which to pav for Iho furnishing of thn city hall. "I niiinlnin by Hie provisions of the charter , " said Mr. Simeral. "thai there must bo a fund created before a contract can bo entered into , nnd there oin bo no fund until bonds are sold 01 the money put Into Ihu treasury lorsuch u lund. Therefore ) it is not available. As it now stands the city has no fund , as the cllv has vet to advertise and dis pose of Hie bonds. Now ll is it moro specula tion as to when they will bo sold. "At flit ) time the bonds wort ) voted in No vember and the contract was made before tltat lime -tho nmniinl ot money in the cltv treasury was ? : r > 7.Y > 0.u ( > , and $ ir,7,10'.M7 ' had been voted away. Tins was an overlap of f'l.tiOS ) . 10. Now , where Is there an available fund * U'lion there is none the council Is prohibited from incurring a debt. Unltl llio money for iho bonds is in the treasury ttio city cannot make such a contract as this. Tlio new bonds art ) void on account oi the excess of the amount allowed by law. " On the * KcU'littm Slilc. Mr. Congdon of the firm of Congdon , Clarkson t Hunt , attorneys for the Ivctchnni Furiiituro company , which concern laid been inline party defendant to the injunction suit , held Hint the company was tlio lowest ami most reasonable bidder ; that its bid wits Ml,721.r > 0 for furnishing tlio nuw cily hull , that while Contractor Coots' bid In itself was a few hundred dollars less , ho did not agree to furnish the quantlly nnd quality of furniture. Consequently the ICulchnm com pany's ' bid wns Iho most suilablo to tlio conncilmcn and moro advantageous to Ihe cily.Tho The allegations of fraud on Iho part of the plaintiff were douiod , of course , by the com pany , if thoto wore any question of fraud or undue Influence Mr. Congdon said It would bo met. In the advertisement , for proposals it was staled Hint each bidder should Mir- nish his own plans and then bid on ihcin. Cools simply bid on fiiinbhlng Iho hull in gonur.il , bill gavu no duliUlod figures on movable furiiituro , or what kind of furiiituro ho would .supply the city with. Tlio city council h.id the right to choose what kind of furiiituro it wauled. ll wns discretionary with thai body , and nfterscoinr ! tho. plans nnd looking dyer HID prices , they decided thit liiej Kctclmm people's bid was HID most advantageous. As lo there being no available funds in the cltv treasury , Mr. Congdon sn'.d thai if the Kmonani contract - tract wns void on that ground , all the city hull contracts were void. Such n thing would have the oftcctof paraly/ing the whole city. On the contrary thu bonds could nol bo issued until tlio contracl was finished. The bonds were sold from lliuo lo tinio ns the money wns rnquirod. Ho also hold that the contract was not awarded until after the bonds had boon voted , nnd therefore the available fund was croalod. "VVher'o the City Ceiling In. Cily Attorney I'opplolon agreed with him on the availability ot Iho fund now , but ho was somewhat undecided as to UK ; question of whethrr or not there was An available fund when the contracl was let. Ho know thnru was no fund when the bid of the com pany wns accepted , but after thti election when Hi9 bond-- were voted limy were issued Ho said the mayor regarded the contract as a good one , but bolero approving it ho wanted U jmilcally determined. Hu thought Mr. Simeral's construction of iho charier In lolerenro U the availability of the fund would wreck lhe > oilv uovurnineiu. Mr. Simor.il .slill nialnlaincel lhal when Iho bill wns ne-cnploil Hie contracl was made , and Hint was bolero tliu bonds worn vntud. Judge Donne took the cnso under advtso- menl and will decide 11 Saturday. CAIKJIIJ' 1'C.im TAUIjKS. llesnlt ol Iho Imlosl Itnlil Clinic on ( III ) liiimlthM'N. "A straight tip" must Irtve been given to the managers of the gambling rooms on Douglas street last night , for , vhuli the po lice called to raid tlio Diamond about 0 o'clock not a slgi , of gambling utensils nor gamblers could ho found. A thorough so.iwh was made bv the officers , but nothing uompromhing turned up. A fuw chairs woio ranged against mo wall and an old table stood Ir , Ihu icnr of the room. Tills was confiscated and loaded Into thu patrol wagon. The DOSSO Ihon vlsliod Foloy'a ' , ' ovnr Hornburgur'i1 , Billy lluwloy's ' and the roonn ever Iho Turf saloon. In each place tha olllccrs found ovcrylhing ns quiet us tha prove. It is understood that Chief Senvoy swort nut thn.search warrants and directed alia In fiom li'i.ulqiiarturs ' , whllo his sergeants inadi the round-up. Not a single prisoner was captured und nil ihe pollco have to show for their ulght'i work It four old dusty tables , , laUan from d Tercnt place's. PLEASE READ THDS. © O Gouts a pound for VAN HOUTEN'SS \K \ * UMwmv" $ ? COCOA ( "Best & Coos Farthest" ) seems to be ! iraM high. Let us compare it with the price of Coffee : \ 1 Hi. of goa-1 coffee coits at least , ' )0t. ) , makes 31 hall-pint cups. J 3 ' < " ' " " therefore OOc. , ' D3 " ' J 1 ' " V. U. COCOA " also OOc. , " 1GO &W'Which Is t/io C/icapor Drink i 90c 03 cups of Coffee , I BO " "V.H.Coooa ! Hold liy every firocer. tu