Nebraska Newspapers

    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