i THE OMATTA DAILY ftfcltf FRIDAY , JANUARY 20 , 1892. IT WAS LEFT OFF THE BOOKS County Was Not Credited with All HOT Fnuds , INVESTIGATING THE ALLEGED SHORTAGE Dnnnty Trennurrr I'Ut'n Preliminary 15- niiilinitlon ut IlitnllitRft U Attrnctlnc Conslilcmliln Attention Kxpluna. \ > y TlioHi ) Concerned. HASTINGS , Nob. , Jan. 28. ( Special to Tun DDK. ) Ernonuol Fist , late deputy treasurer of Adams county , was given his preliminary hearing before Judge Uurton this morning. The trlul was held in the court room , to accomodato the crowd nho wished to hoar the trial. The state was represented by County Attorney Chris Hooppnar nni Gen eral A II. Dowon. Mr. Fist was aofendou by M. A. Hiirllgatl and Georpo W. Tibhoti. There were fourlcon distinct charges of embezzling and aiding In embezzling the funds of Adams county. To oacb counV.bo pleaded not guilty. Charles Blglow , county cleric , wai the llrst witness called. Ho testified to the elec tion of Charles II. Paul as treasurer tn 18S7 , and of the approval of his bond. Next , Fist's appointment as deputy , the filing and ap proval of his ofUclal bond and Paul's ro-clea. tlon In 1889 were established. Jay Cherry , who was tax collector for Hastings lownshlp in 1839 , was next called. Ho identified a number of receipts given him by R Fist , deputy treasurer , for taxes collected by him nnd turned over to the deputy treasurer to the amount of $30.82(5. ( On crOss-oxamm.v tlou the fact was shown that all the checks were endorsed by Treasurer Paul. Jnmcs 11. HatclllT , the expert , who Is now examining the books of Adams county , testified that ho had not fauna thcso Hems entered against I ho troasuror. A. L. Clark , president of the First National bank and ono of Treasurer Paul's bondsmen , gave iho de tails of FUt's confession , which was made on January U or 7. Fist told Mr. Clark and John M. HOKUII , another bondsman , that tbo Cherry tax collections had novcc been crod- ttcd to tbo county on tbo books according tea a request of Mr. Paul. Charles H. Paul , ox-treasuror , was sum moned Dy the prosecution. During the month of January , I8S9 , Mr. Fist had antiro charge of Ibo books. Ho was present when Fist's confession was mado. Paul at that tlmo denied the foot thai ha 'had instructed Fist to leave the Cherry matter oft the books. Mr. Uagan Interposed us ho saw that the deputy and treasurer wnro about to como to words. Ho had no knowledge lhat tbcso items were loll off tno books until iho mlddlo of January , 1801 , when Fist told him of the transaction. Flit said that there were cer tain school warrants which could bo credltod ; "tbo balance , " Fist said , "tnoy will never got out. " Bondsman John M. line an was called and testified to the confession made by Fist. Fist said ho couldn't sleep at niRht on ac count of the deficiency on the Cherry ac counts. Hapan had a moating with Paul on the following morning and Paul said that tbo 133,000 was Iho only deficiency of which ho bad any knowledge. The accounts , according to a rule ot the office , wore not Journalized as they were paid In but reserved until a final settlement with the collector. When tbo tlmo naino for tbo township collector to settle , on Paul's sug gestion , claims Fist , the Cherry items wore loft off nnd never put on the book * . The state hero rested and the evldenco for the defense was deferred until tomorrow morning. The trial has been" attended today by a largo number of parsons who were , anxious to got any insight into the solution of the mystery which has perplexed all Adams county fur the last month. Treasurer Paul's Interests were watched after by At torneys McCrcary and Judge Smith. NUItltASKA HIHTOItS AT rjtUMONT. Twentieth Annuut Coin en t Ion of the Mute. I'rcsn AnHoclntlon In HeHslon. FIIEMON-T , Nob. , Jan. US. [ Special Tele gram to TIIK nEE. ] The twentieth annual session of the Nebraska Press association mot in this city this afternoon. Tbo first session was hold atI o'clock , with the larg est number of editors present ever in attend ance at a meeting of the association. Presi dent Simmons' address embodied a number of Important recommendations for the benefit of Nebraska publishers. The secretary's re port showed the association out of debt and funds on hand. A public mooting wai hold tonight at the Women's Christian 'Temperance ' union to tu ple and a largo audience was present. The " oration was delivered by M. A. Brown ol the Kearney Hub. Ho was followed by a historical sketch by Ed A. Fry of the Nio brara Pioneer and a poem by A. L. Blxby o ; tbo Columbus Sentinel. An address of wel come was delivured by Mayor Fried , to which Mr. Corell of the Hebron Journal re sponded. Mrs. Fred Nye bang a couple of eolos and MUfi Nelllo McPherson gave two recitations. Jtelloved All the Jlei > ul > llcun . OSCKOI.A , Nob. , Jan. S3. [ Special to THE HUE. ) Dr. L. M. Shaw has received the np polutmont of physician of the Board of In sanity for this county in the place of Dr. S O. Whalov , who has been ono of the mem bers of tbo board slnco the organization o the county. The last republican bun been ro llovod from duty in the ofllces about the court house hero , DeWltt's Llttlo Ea v Icisora ; only pill to cure blck headache and regulate the bowels. DROPPED THE OTHER SUIT. ICcnl ICntutn Owner * Amtoelutlon Opposi tion toTrlhiine'it Hill AVItliilniun. The Heal Estate Owners association held a mooting yesterday aftoruoon'ln Its quarters In tbo LI to building. Most ot the time was dovotea to a discussion as to whether or not the Injunction suit restraining the county from paying the Nobrabka Tribune tl&UO for printing the delinquent tax list should bo Withdrawn. Attorney Gathers , for the association , was opposed to the withdrawal of the injunction suit on tbo grounda that the paper had not compiled with the law. Ho and Sol Duvld aohn , manager of the paper , got Into a hot discussion , but the other in cm bora of the board settled the mutter by voting to with draw tbo anlt und lot. the county commis loners and treasurer Day the bill us they had aono In the case of the Bohemian paper. The Phoenix Foundry and Iron works at Bedford place made a proposition to the of. toot that the company desired to enlarge its works by adding u car wheel industry to its founary. It wanted M.IXKJ to do this , and on motion ot Mr. Gathers thn president will up- polnt a committee of tbroo to solicit tbo fcl.OOO fund from property owners in the im- andlato vicinity of mo works. Tbo property owners will bo tbo onci bonelilod by the Im provement , . It was also stated that a tannery was nec essary hero to muko leather of Includes from South Omaha. The secretary was Instructed to communicate with uome tanner m the east with a view of having him locale In Omaha. ftoxi Monday the annual mooting of th < eiioclatlon will bo held. Gosalor's Maglo Headache Wafers cures at boadichos In 'JO minutes. At all druggists. Wrtut Iluirin Colorado. Jainoa A. Garrlguos , district attorney ol the Eighth judicial district of Colorado write * Chief Seavey and uiks him to bo auro und bold Jim Huff , now under arrest here , until tbo arrival of an ofllcor from Denver. In cajo tne man U released on uaoeas corpus the attorney wants him rearrested by tbo chief o' Home of the sheriff's ' foroo , lie tales lhat an oftlcor li oa iho way with requisition paper * and wllll bo here today or tomorrow , DoWIll's l.Utle Early mson ; Doit HUio 111 * fordypoptla , our stomuohUiJ brouth CoiiuuUHlonuni UlmiiKo Their Sllnil. The county oomrnlsslouora hnvo como down Off tholr high hones and have given up the do.iof boklui ; horas with the court to doUr- mlnn the right of possession of the Jury room on the main floor of the court bouio. Ono of the commissioners staled yesterday hat as teen as court convened tbo room would bo vacated. Tbo original idea , ho said , was to have n qulelplnco where the five visa men who hold the Helm of the county rovornmont could go and commune , ono with mother. None of the tlmo did they Intend o Interfere wllh the workings of the court. but simply Intended to use the room whin it vus not otherwise occupied , MBS. PKAZAR'S TOUK3. London nnd 1'nrls Sights Shown n 1'nrty nt Onmhn People. Mrs. M. D. Frazar of Boston , whoso Icc- .uros of foreign travel delivered at the St. Mary's Avenue Congregational church some .wo weeks ago were so well received , con- inued her talks at the Llnlngor Art gullory ast evening. The party , under Mw. Frazar's leadership , started on the tour of London arid Paris nt .ho lord mayor's mansion , and after viewing that magnificent residence of London's chlsf executive Journeyed on to Su Paul's cathedral , the second largest church In tbo world. This grand structure with its tall sptros nnd massive dome was built from the tax colloclnd on coal. An in terior vlow showed iho crypt in which Ho the remains of the duke ot Wellington nnd Lord Nelson. Westminster abbey , wboro the English sovereigns are crowned nnd burled , was next visited. Tbo tombs of Mary , Queen of Scots , and Queen Elizabeth were shown , as was also tbo pure whlto marhlo monument erected to the memory of Major Andre. A splendid view of the Parliament build Ings , fronting on the river Thames came noil. Tuoso great buildings cover olgbt acres of ground and contain something over 1,100 rooms. The Jewel house In the Whlto tower , where the crown Jewels are kept , was visited unit iho many valuable articles exhibited thcro were described by the spoaicor. Next came n trip to the great brlago of London ever which 8,000 people pass each hour , and tbt > n Iho Journey was continued down lo Ibo Tbatnes embankment where stands Cleopatra's Needle which was presented to Great Britain by the Egyptian government. Trafalgar square , in which siands iho beautiful monument , erected tn memory of Lord Nelson , was then visited nnd then the party hurried on to the National Art gallery , after a hasty view at some of its famous works of art , emerging upon Hotton How. This boulovnrd Is the fashlonublo drlvo of the grant city , nnd bolwoon the hours of 4 and U every attornoon during tbo season the > How is crowded wllh London's ' bcautv and fashion. Tho" Albert memorial monument , built by Queen Victoria In memory of her husband , was visited and groally admired. Then came a trip across iho English channel , which Is generally dreaded by all continental voy agers , ! and Mrs. Frazar's party landed on the soil ot sunny Franco Tbo sightseeing in the gavost r.lty of Iho v > rld brgau at the palals of Justice , on Iho banks of tbo Seine , and was continued up and down the river until every point ot interest had been visited. Actaluoof Gambella , Iho idol of Iho French people , was shown. This mng- nlllcont work of art stands in front of the garden of Iho Tuillorles. Then came a visit to the palaceof the Louvre and the great art gallary built by Napoleon. The old palace of thoTulllerlos , Ihe favor- llo homo of Empress Josephine , was shown and some Interesting anecdotes of Ihe ox- empress laid by the speaker , A trip to the famous Champs do Elysoo was made at the hour when the boulevard looked Its brightest and was filled with Iho wealth and fashion of tho-world. The Eiffel lower was shown and doscribod. Next the party visited the Church of St. Louis which contains the tomb of the great Napoleon. An interior view showed tbo magnificent sarcophagus of gold und marble beneath whichjrost the bonns of the llrst Napoleon. Around Ibis great monument are draped the colors of Franco , while Ibo last words of the dead emperor are carved in the while marble on ono side , The Grand opera house which cost } 0,000- 000 was visited and Us massive marble stair case and glided foyer shown. The trip concluded with a visit to several of Iho famous villas in the .suburbs. This evening the party will continue their Jour ney and visit Genovn , Pisa and Romo. BOUND TO FIOHT. Farmer Urunur nnd His l.Utle Loud or Itlotouu WlilHlcy. A rather seedy looking specimen ot humanity , claiming to bo a farmer and giv ing hli naino as J. ID. Bruner , got himself Into considerable Iroublo yesterday afternoon by trying to buck against iho authority of a blue coaled guardian of the peace. Bruner tilled upon red eye until his bncU tooth were floating ; then ho started out to pick a light. Ho saw a newsboy on the corner of Sixteenth and Dodge streets und attempted to assault him. O HI cor Foley hap pened lo be around und took a hand In Iho matter. It didn't make much difference to Rrunor whom no had a tight with , so Iho pair went at it. Foley got bis clothoi torn and his shoos full of mud before ho was In it to anv ox- tent. Then the oDlcer took bis turn nt tbo hat and landed a straight hit on the farmer's forehead with his locust. The patrol wagon played the second act and Dr. Towne iho last. Bruner was sowed up and held to square matters with Judge Borlta today. TURNED OVER HIS HOME. ChnrlcH W. Kt'ltli Settles thn Case of the Dc'orlntr C'ompuiiyif.ilont Him. The Dcoring Implement linn bos evidently settled its rase ugalnst Charles \V. Keith , who was the firm's Omaha manager and who was sometime ago accused of cmbezzlomont. The case charging , him with having embezzled - bezzlod quite a sum of money belonging to the Deerlng people , whllo uotlnc in thu uaoucity of manager for Nebraska ana Iowa , was dismissed In police court yesterday ufiornooa on account of the Illness of County Attorney Mnbonoy and the nonappearance of witnesses for the prosecution. Tno evident sotilomont of Iho case js per haps duo to the fnut thut there was , a few days ago , filed In the oflluoof the rogUior of deeds , un Instrument of conveyance from Mrs. icitllo M. Keith and Charles W. Keith to William Doonng of Chicago , convoying to Mr. DooriiiK all ot the real estate owned by Mr. and Mrs. IColth in Omnha and Douglas county , Including tholr homo in this city. A very small pill , but a very good on * . D Witt's fllllo Early Riser * . I'xiisoif.tr pAie.iuK.tPUS , H. L. Day of Fremont , Nob. , is at the Millard. John F. Norton of Sioux Falls Is at the Paxtou. M. O. Welch of Lincoln Is registered at the Murray. C. M. Donsmon ot Stauton , Neb. , Is stop * ping at the Millard. C. F. Metrow ! , a Lincoln banker , U stop ping nt the 1'axtou. Albert P. West and J , P. Davis of VlllUca , la. , are at the Arcade. U. C. Postwalt and wlfo of Odoll , Nob. , are stopplnc at Iho Murray. C. P. Shur , a real estate dealer at Kearney , is registered at the Puxtan. CJrecr of Nebraska's World's It. It. , ono fair commissioners , Is registered at ibo Pax- lee , Dr. C. T. Burohard and O. W , Rood ot Falls City are at tbo Dollono. J. H. Wheeler and wlfo of Chadron , Neb. , BIO registered at the Dolloao. tftuart Itobson , wlfo and six members of his company are at the Millard. J. W. Goodhnrd and James Bergman of Elkhorn , Neb. , were at the Dellono last night. D. A. Campbell , clerk of supreme court , Lincoln , U in the city and called at I'IIK HEB ofllco. H. E. San ford , roprt-seutlag Frederick Pauldlne and "Tho Struuglo for Lifo , " U In the ulty. W. D , Skinner , son-ln-Iaw of Colonel Hooker ot llili city , U at the Paxlou. lie is rogulerod from DOS Molnes. William M. Croan of the latu Iowa Nor nial college is ut tno Paxton with his wlfo. They are registered from Shonnndoao. ' . N. Whitney. Ororgo N. OalbralthJ , E. Chapman and W. II , Bockworth , caulomou of Kvauilon , Wyo. , ara ut thu Puxtou , T. E. Hind way of Chadron , roulo agent for Wells , Fureo & Co.'a express , is la the city. Mr. Bradway had charge of the UlaoK Hills business for year * before too railroads entered that country. SUPPORTED BY THE 'PEOPLE ' Lincoln's Folico Ohiof Encouraged in His Fight Against the Gamblers. CONCLUSION OF A SENSATIONAL CASE ind : of tlm r.lllgntlnn ( IrmrliiR Out'of the Unlit Mndo on tlio l.ornl UCIIK I.mt September llennU llniumoiid Miinngoil to Knonpo. LINCOI.V , Nob. , Jon. 23. [ Special to Tnc BCE.I In all probability the Lincoln public has heard the lost of the cases growing out of the raid on the gambling resorts last September. No event tn the municipal his tory of the city within the past year has boon raoro prolific of sensational develop ments. The city authorities have been UD- hold in their efforts to rid the city of tbo gambling fraternity. Every effort made by the gamblers themselves to crcato prejudice against the chtaf ot police nnd his assistants has failed. The last of the cases growing out of the event came up before Judge Larj&lng today when Dennis Hammond mend was arraigned upon the cbargo of vagrancy. The complaint wai found to bo defective nnd the prisoner was discharged. Another warrant , calculated to defy the technicalities of the law. was Immediately sworn out but before It could bo nerved Hammond had disappeared. Up to this evening ho had not boon found. Ho will be renrrestod on the charge of vagrancy as icon as his whereabouts is discovered. Homo Industry in Lincoln. The Homo Industry Association of Lincoln has boon perfected for the purpose ol promoting meting the manufacturing , Jobbing and ra tal ! industries of the city Mid to encourage the consumption of Lincoln productions and the employment of resident mechanics and laborers. The following ofllcors have been elected : President , C. T. Boggj ; secretary , W. B. Howard ; treasurer , L. C. Humphrey. A vigorous canvass for membership is boiog prosecuted today. Writ of Unboui Corpus Denied. Harry Smith and Walter Clarke were brought before Judge Lansing on a writ of habeas corpus today. Tholr attorney asked for tholr release on the grounds of a defective complaint , alleging that it did not state that the articles enumerated were picked up at the same time. Judge Lansing declined to grant the writ and refused to reduce their bail. They were bound ever to the district court From tlio Police Court. Harry Smock , Joe Vickers and George Bluovelt , the three- young lads who robbed aneast Lincoln candy store last Monday night , will repent la tbo reform school. Martin Smith nnd George Miller were sentenced to twenty days each in the county jail for vagrancy. Mn. Molly King , who has figured In police court several times of late , was again ar rested at midnight with h sr paramour. Ihoy were lined 915 and $20 respectively. B. A. Moothauy was lined $1 and costs for .creating a disturbance In a saloon. George Cox is being held to answer to a charge of assault and battery. DoWH's Little Early Kisors for the livor. Vtiui the Wounded Burglar. A man stopped Tuesday night at a Four teenth street lodging house , nod at tor his de parture a lot of clotted blood was found in the bed he had occupied. Tbo clerk said that the man was noticeably weak as if from loss of blood. It is supposed that ho was the burglar who was shot Saturday night by Mrs. P. F. Murphy wbllo tn her houso. 2023 Dodge street. A description of the fellow was ob tained , and the police are looking forhim. , THE SIGHTLESS SCULPTOB. Iloninrkuhle Work of the Ullnd Artist of Tiirrytonn. The latest work of the blind sculptor of TaiT.vtown is attracting n peed deal of attention just now. The old fashioned frame house on the bluff near the river road where the sculptor lives , with its wide porch und low widdows , has an un usual number of visitors , und the sculp tor himself is forever conducting stran gers to the rough board shed in the middle of the gnrdon which ho calls his studio. In thnt studio is his statue , a colossal llguro of Washington Irving , seated. Many are tlio expression * of admiration which it provokes , for it is digniliod and impressive , and many moro are the exclamations of surprise that a blind man could make a thing so complex and so excellent. The sculptor's name is JohnMarohant Mundy , says the Now York Sun. Ho is not totally blind , as ono would suppose from the talk of his townspeople. If ho uses strong opera glasses' midday ho can distinguish the expression of a portion tion of a human face within n , couple of feet of him or can make out coarse print. In this way ho was able to study the feature ? of Irvlng's face in several pict ures which ho obtained before ho began work on his statuo. Ho can oven write a letter with the aid of his opera glasses on note paper lined in block. But ho is practically blind , novorlho- IOSA Without opera glasses ho win only distinguish light from darkness. No ono who over saw him fooling his way about town with his cane or studying his statue by rubbing it thorough Iv with his hands would over imagine that -he was other than stone blind. Indeed , ho might almost ns well have boon , so far as the construction of his statue was concerned , for ho hns , used the sonco of touch almost exclusively in its forma tion. Ho did much of the work on it after dark , with no lamp in his studio. Mr. Mundy Is no novice in sculpture. Ho has done much excellent work with the modeling stick and chisel , but ho has boon hoard of little of Into years be cause his growing blindness has inter fered with his work. I'oraonul Appearance , Mr. Mundy is nearly CO years old. Ho is , a man of gentle and thoughtful fuco , who impresses nnd attracts ono about equally. Ho is much respected in the town where the poopto are accustomed to BOO him fooling his way about the streets with his cane , with a pleasant word for all who speak to him. The soldier's monument in Sleepy Hollow cemetery IB his work. He was not so blind whan ho modeled that as when ho began his statue of Washington Irving. But ho could see very little than and depended moro upon touch than sight to complete the menu ment. That was regarded as u great feat , but not nearly so great us tlio accom plishment or his latest work. The trouble with his eyes bogrm when ho was a moro boy , und , in spite of the constant dealings with oculists nil his life , lias steadily increased. When only 14 years old ho sufTored from blindness at night , ono of the earliest effects of the disease known as retina tlgmontibm. For years ho was unnbla to go out after dark unattended , Dimness of sight then began - gan to encroach upon his day light hours , cutting olT twilight lirst , then early morning and afternoon , narrowing his Hold of vision continually. The hours when ho cnuld work lessoned porcontibly year by year. As the disease continue J , Us progress became more rapid , and in 1883 his left uyo was completely veiled. The right eye btlll had romu bight left , bit | cataract unexpectedly developed and so almmod this that ho was forced to ab uidon his pursuits. He lias lived at Tarrytown since 18H-5 , nt the home of his sister , Mrs. George Hockwoll , the wife of a clergyman. Mr. Mundy'rt life of darkness U best told in his own words. "I found idleness insupportable. " paid he to u bua reporter who visited him at Ills homo , "I htfd always been so busy , In s pi to of my grolclng dimness of vision , that now to bo cuk off from any employ * mont whatever wgpFfomothing ivwful for me. I co lid not fcntl moro than , say , it pngo of conrso nrjtit in a quarter of nn hour , nnd Hint brily"by the use of power ful opera or Uoldglasses , in n strong light , nnd with trnnitniost oxortion. "I thought about my modeling con tinually , aim ntjilpiigtli I was driven by the irkaom npss of my con dition to attorn pt modeling bv the sense of touch. "It was for ono rea son n. much hnr\l6rt task for mo than it would bo for n mars "blind from his birth , for I had never used the sense ol touch in the upprohonslqn of visible objects. At the s'nmo time , having had ir.y sight for so loner , I wrfs nb'.o to make n. mental picture of objects , an no man long blind could da And I had thoroughly learned my art "So my brother-in-law had this studio built for mo in the back yard. Ho was fond of fashioning articles in wood , nnd wanted n xvorkshop. Ho built a work shop nnd studio together , dividing our domains by a board partition. Lot us go inside , ami there I will toll you the rest. " Tn the Studio. The blind man felt his way with his cane to the door of the studio and ush- orcd his visitor in. It was a small room , bare of any furniture except a wood- bottomed arm chair , nnd lighted from n window facing the north. There were no ornaments on the walls , only a dusty cast or two upon stone sholvcs and a ( ow simple tools lay on a shelf in the corner. In another corner was u , small , shabby ptovo. The center of the room was oc cupied by the stnluo of Irving. "Thoro is my statue , " continued Mr. Mundy after n pause. "It has taken mo many months to bring it to its present state. It is done so far as I can do it. It is to my liking , except in some de tails of suporllclnl llnish. Bui before it is cast I shnll have some competent sculptor , with good eyes in hi ! } head , come up hero and go ever it thoroughly. Ho will glvo the clothes texture , work the buttonholes , smooth the skin and in a general way jkit on the finishing touches. ' The head is done in clay , the rest of the statue in plaster. I could not do all in clay because it took mo so long thnt the clay would harden before I fairly began. So I inndo the framework of the figure out of gas pi pound laid on plaster , modeling it first in the ntfae , of course , and tho'i putting on the clothes. Then I sot the head on. I made that first It took mo about six weeks. "I undertook tp model Irving because I much admired the great writer , and because I was in his own country nnd would find it easy to gather data. There has never boon'n full-length statue of Irving before this. I made ray studies from the Ball Hughes bust , which was modeled about island these portraits : A full-length sittingjportrait by P. O. C. Darloy , 18(50 ( ; n phpupgraph from a dn- guorrootypo taken nb.out 1855an ; engrav ing from a portrai bv Jnrvis : an engrav ing from a drawing 'by Wilkio , made at Seville , 1828 ; an ongniving from n sketch by Vnndorlyn , made in Paris , and two others whosor origin I am not now able to mitre. All these pic tures , though taken nt widely separ ated periods , present characteristics peculiar to Irving throughout his life. Yet they differ so-essontinlly in their aspects to n cursory' observer that no one of them can be * accepted as trust worthy.They all 'inlluonced ' mo , but after much consta'drn'tion I established the Ball Hughes'ibust , the daguerreo type head nnd the full length by-Darloy as the basis for rny-work , .and t find it is generally adjudgedtbnt th'o head of the statue presents a fortunate combination of the three , showing Irving nt some thing over 50 year's ot ago. I also hud many talks witli personal friends of Mr. Irving nnd his living relatives. Working Cutler IMniciiltlcg. "Having at length conceived my ob ject I sot to work upon ilio houd in clay. Much of it I did by the sanso of touch " ulono , but in the "britrht hours I studied the expression with the help of my pow erful glasses. The trouble was that I was n ever able to see all the face ut onco. I cau only make out a disc , say the size of a tea pinto. However , I managed to toke in the whole fuco by moving the glasses , and , after much discouragement , many fail ures and the most painstaking labor , I got nn expression1 of ropoao to the foa- turcs which satisfied mo. I aimed to picture Irving seated in his easy chair , talking to a friend upon n favorite sub ject , his face brightened by the kindly fooling nnd lively interest which char acterised it during such times. It has boon with the rarest pleasure that I have hoard , friends of Irving loll mo that I have indeed caught the expres sion for which 1 longed. "Then I began upon the fiutiro. It took mo many months. I made the chair first , laving plaster ever nn iron frame , which I contrived myself for BO dear to m < ) is labor in thp darkened world in which I live that I did everything posbi- ble with my own hands , oven to cloin- ; ing ray tools and mixing my plaster. The chair was designed after an actual ohair of the period. For that matter , so were the clothes. A niece of Mr. Trvmg's lent me ono of his shoes ns a tnodol. "Although I occasionally used the glasses when the day was bright to take n general survey of my work , I depended almost wholly on the sense of touch. For instance , I used to sit in this chair for hours , teaching my lingers to replace - place my eyes , thus. " Mr. Mundy seated himself in the wood bottomed clmir beside the st'ituo ' , as suming its posture. lie carefully bent his loft urin to the nnglo of that of the statue and thun laid his right hand upon it , following it from shoulder to sleeve with his lingers , dwelling upon qvory fold of the clpth. "I used to sit h6re < hour after hour , " ho Raid , "my mind'bont ' upon the sleeve , my flngors diligently learning it. I were for the purpose iv coat which be longed to Mr. Irvlpg. whtoh I have copied In the statuo. When I felt that my lingers hud learned the bond ? and wrlnlclos and croas64 of the sleeve then I plimbud up to iuy statue , nnd , with plaster and tool bj imnd , carefully re produced the dotttUp It took many trials to bring the arin to something like perfection. I ( followed the same plan in regard to-Jb'vory detail of the figuro. I loarnoQ Uio foldBof the trous ers from foaling thfigKof my awn trous ers ever ami ever again. "But I made my bvotlier-ln-law net as my model , too. uwnjv times. Ho is just about Irving's build ; I drcssod him in the coat , seated him In the chair in the posture of the statue , and taught my lingers Jossons froni his porson. But , of coureo , my long oxporlouco in modeling and n lifo spent in observing and study ing the human form und the disposition of drapery nnd clothing upon it assisted mo enormously , "As my lingers grow jnoro dollcato In their touch , und more ana moro able to replace my oyoi , I wudtnd loss and loss limn. Then I u od to work at night. Indeed , I did u good do il of won ; at night I used to como out lo my studio directly uftor breakfast and work all day , at midday observing my work through my oporn glasses I used to tuko u short tlmo off for diniior , nnd uftor fuppdr I cumo put nnd kept at it till 0 or 10 o'clock. For nicrht , you know , was the butno us day to mo. " AGAINST IOWA'S ' ALIEN IAW It is Declared Unconstitutional in Scott Oonnty District. INTERESTS OF FOREIGNERS SECURE KxUtiiifTrentlefti : tnl > lMitelntlnii { * Which Nil IStnto I.eRUlnturn May Hoxtrlrt Text of tlio DoclMon OeMon'i tloiml Dlxorco Suit , DAVKSPOUT , la. , Jan. 23.--Special [ Telegram - gram to TUB BBE.J The Iowa nllou law mot lu flr t defeat in tlio Scott county district court nt this plnoo todajf. A year npo , the will of Halph 11. Heath was contested , .hut sustained. Today County Attorney Hotnx fllcd a petition In the case of the atato of Iowa against tt.o dovisocs under the will , nsldnu that the ostnto bo forfeited nnd oschent to the state of Iowa In accord with the law. The aovlscos demurred and. In a lengthy oral opinion , Judge Charles M. Waterman sustained the demurrer. The heirs of Heath are mainly residents of Ireland , nnd Judge Wnturman mlod , as has been done In Illinois and elsewhere , that the rights of those nlioni are fully secured liy tbo existing treaty nnd that the law U unconstitutional and void. SKNSA.TIONAI. IMVOKCK SUIT. 1'roinliiFiit CrrMou 1'roplo Iimiltcil In tlio l.ltlKiitlim Dntallfl or thr AilHlr. OHESTOS , la. , Jnn. 28. [ Special to TUB DEU.J The case of W. II. McCloilon against Ellzn T. McClcllan In the district court in this city Is a decidedly sensational one , which has occnploil the attention of the court nnd a largo audteucn for tlio past two days. The cn o nxcitos more than ordinary Interest because of the prominence of the parlies , who are well known in Union , Adams and Madison counties. The defendant - fondant , Mrs. Eliza T. McClellan nco Denton - ton , is n very prepossessing lad } ' of about 40 years of ugo , whllo the plaintiff is a few years her senior. They were married In Madison county December 31 , 1803. In 187'J they moved to Adams county , residing there three years , afterwards rom'ovlvg to and liv ing In Union county. The plaintiff nhawes In his petition that his wife has committed adultery with Samuel Gibson , another prominent citizen. On the witness stand the husband tostlllod that his wife commenced attending protracted meet ings about a year ago. At tho-JO meetings she mot Gibson , and the latter , through Mrs. McClcllnn's influence , was converted. Gib son would come homo with the plaintiff's wlfo nights. Sotno nights it would ba as late as It ! or 1 o'clock Doforo tlu.y arrived. How ever , the husband thought nothing of this until otio night during the summer the wife , at n late hour , was heard by him leaving tne house. Quietly the husoand hurriedly dressed and followed nor , finding her and her alleged paramour in a grove of willows back of the houso. Part of the testimony is unlit , for publication. Mrs. McClollan has fllcd a cross bill al leging cruelty on the part of the husband. On the witness stand today she narrated a pitiful story of cruel and dishonorable con duct on the part of McClollan. She donlos anv criminal intercourse with Gibson. The only child , a brlzht , intelligent youth of Hi , instilled and his evidence favored his father's accusations. Unwards of twenty witnesses nave boon examined all prom inent citizens. The sentiment of the com munity seems to favor the plaintiff although pretty evenly divided. Eacn contestant bus employed tbo leading attorneys of the city and the case is being hotly contested. Work at IOWII'H l.c DPS MOISEB , la. , Jan. ! > 3. [ Special Tolo- prum to Tan DEB. ) In the senate today a resolution ordering the governor's message and inaugural address printed in Aho various languages was adopted by a party vote. A largo number of bills were introduced , among which were the following : Con ferring on women the right to vote nt all elections ; to abolish superior courts ; pro viding fora geological survey of the state. The senate concurrent resolution asking un investigation lor the relief or tne supreme .court was adopted. Adjourned till tomor row. row.The house this mornlntr was deluged with petitions for a change in the exemption laws. A great deal of tlmu was spent discussing a joint resolution asking congress to aid the starving Russian peasants. The committee on elections repurted favorably on tuo Norm Australian Ballot bill. Among the bills In troduced was Ono to reznlato the employment of persons acting ns police o filters or dotoc- livcs. This is designed to prevent the em ployment of Plnkerton men by corporations. "J'rcpnreil Ills O\\n .Monument. CKDAII Rirms , la. , Jan. 28. | Special Telegram - gram to THE BBK. ] Something of a sensa tion was caused here by the tiling of the will of Caspar J. Hart , who dlod a few days ago. After bequeathing to his two sons , two sis ters and brother each $1,000 , the will says the balance of his fortune of $ " > 0GCU ) shall bo used for tbo erection of a monument to his own memory , with a boldlor on dresj parade on this monument. The will , uftor naming the location of the monument , grants said lot with the monument thereon to the city of Cedar Haplds , on conditions that the city far- over keep tbo monument and the grounds bo- longlnir to It in good order. In default of the city complying with the conditions , the property Is to pass at once to tbo First Eng lish Evangelical Lutheran church of this city. The tot Is to bo used in no case for any other purpose than as a location for tbo monument. _ Heavy Heal Kstuto Deal. CUBSTOX , la. , Jan.8. . . - ( Special Telegram to TUB BKE.J Tbo nioit oxtenrivo real estate deal over recorded inthU county was consummated today , whereby John Gibson , president ol the Iowa Stale Savings bank , sold bis handsome farm of 1,501) ) ucres , three miles east ot this city , for $ > 0,000. Dorn Bros , of DCS Memos arc tbo purchasers. They will establish hero in the near future tbo largest sheep ranch tn Iowa. Thinks III ) Itrput.itlon Injured. MONTEZUSU , In , , Jan. 23. ( Spaclal Telegram - gram to Tun Br.K.J Suit wai begun today against the MoQtezunm UoDUblican by N. L. Lilkons of Darnes City for ft , 000 damages alleged to bavo boon dona by reason of an article published In ttio oapur lost August. J. W. Jarnagln , the editor , mid W. 11. War wick , a prominent farmer , are made defend ants. John I' . BoyiPn Funeral. Last night tbo Jaoksonlan club mot at NATURAL FRUIT FLAVORS. Vanilla A Of perfect purity. UmonI Umon - Of great otrength. Almond If E ° Wnth6iruM Rose tCrj Flavor ns delicately Bnd dollolouBly au the froth 1 rult , _ I'Uu1 * Uomcdr 1 r ( .auuni U iho ie ! > t , CuleM. W Ute , unit Cliw.p Bold br drufixliU or wnt by mall , Vis , K. V UiueltiueVureu , I'a. room * nnd decided to Join the Inttor In nUondlnc ttia funeral of iho Isto John P. Boyd. The club will moot nt Snmo- sot's room * at 13 m. today ihbrp. The members of the city council will moot nt the city hnlt nt 1'J o'clock sharp , where they will UVo ci rrln s nnd proceed In n boJy to nttond the funeral ot John P. Hoyd. The funornl will bo hold nt 1 o'clock afternoon at Iho family rcsldonro , 1'JO'J ftvonno. Interment will bo at Forest Lawn cemetery. _ SAFETY APPLIANCES. I.cgl liitloii NrrFKNitry to Ahollnli Mutt * Klllrm on KullroiuU. In the Fobrtmry number of the North Amorlcnn Kovlo\v \ Conebcssinnn Henry Ctxbot Loilce. writing under the titlo. "A Perilous Business ntul the Homctly , " strongly m-goo Iho aaoptlon of u uniform aystom of enfoty npplinncos on rnllronils. "What wo wtmt , " ho snys , "is nn net re quiring the niloptioti of uniform safety couplers by the rnilronds throughout the country. A roasonnblo time should DO glvon to on able the rontla to nmko this chnngo , nnd they ought tn have nt least flvo nnd porhups ton years , which ia the nvorngo lifo of a freight cnr , to complete it. Then at the expiration .of the tlmo lixod bylaw the IIBO of uniform snfoty couplers ought to bo compelled under penalty. The qtiostton of n typo could bo tuft to the rnilronds themselves , for when the rail roads found thut they would bo forced under ponnitios to have uniform safety couplers , they would soon ngrco on the best nnd ohcapost kind. If they did not , further legislation on this point could bo easily obtained , vesting the neces sary authority in tbo Interstate Com merce commission. As to the ether pro- llllo source of casualties , band brakes on freight trains , the case is simpler. The heading in the statistics rlcsuribca accidents " from trains " thcso as "falling , which occurs almost wholly on frcicht trains where the brakomnn is required to pass along the top of the cars and to climb to and ftom the roof in order to reach the brakes. Tlio danger of this work isohvious. Running along the roof of n moving oar by night , with the boards covered porhnp * with lee or snow , in the midst of storm and dark- nosa , which hiilo from sight the coming bridge , it is little wonder so many moot death in the performance of this duty. In this case all that is required is to fol low tno directions of the English Board of Trade defining and requiring train brakes which are worked automatically from the onglno , and with which wo uro already thoroughly familiar in our passenger sorvlco. Tho. case is such a plain ono that it hardly seems to need argument. No possible political feeling can bo involved in it , anu no very complicated legislation is required to brine about the desired result without placing a ruinous expense on the rail roads. It is simply inhumanity not to take prompt action. The total number of killed and wounded is increasing from vonr to year , and so is tlio proportion of loss to the total number of men em ployed. Uniformity in the case of safety appliances and.of train brakes on our freight trains will save hundreds of lives , stop tno maiming of thousands of men , and preserve the breadwinners to thousands of families. Such uniformity can bo obtained only by legislation which will roacb into every state and every territory. The congress of tlio United States alone has the power .to pass such legislation , and it is high time thut tlio power was exerted. " Tilt : ainnrixiKK ( intr. . Xeir Yoilt ir.iiW. Ilravb midwinter ros > es Hlooin red In hcruhueks. Where tlio wlnd'H kiss discloses TIlO | > O3lC9 llO SL'Ol.S. , There's a fiiio faery plnnsor. A wcddlim-hull lono. All iihoul her ; h r lunjiior Uf lounging U lluun. "Incedlt rcKlini ! " No queen to her throne WnlUs with mujtNly tlnur , Vut nil of her ownl Oil. where ID ; ! ! nature It , beiinly IIKU liuis A Howcr-fiilrrriMttiro Ho bonny 'mid fnr.s ! Soniorvlllo Journal : If every mn.i ouuM h.ivu ovurythliiR hu wantuo , what nn nnlntcr- onlne pliico this world would ho for the men , and what an uuhuppy place for the women. It IB not to mo da IB , or toe of royal favor ibat the qreat- est of all specialists , DRS. BETTS & BETTS \ Owe their wonderful per- / Boual and prolesslon- / v al popularity .They ' won tliolr hon ors by their merits. In the scientific , treatment and BUCCOSS- - lul cure of over 88,000 cases ot those NERVOUS , CHRONIC AND PRIVATE DISEASES whlcb are so for midable to the medical profes sion In general , DRS. BETTS & BETTS have proven that they possess extraordinary ability and skill. vateDlseasea as well as Stric ture , Hydrocelo , Varlcocola anil Rectal troubles , their success has been truly marvelous. Therefore , they are entitled to wear the emblems of the hlfjh- esl honors , I or thoao iheyhavo richly won by their own efforts. Send 4c lor their new book of 12O pages. Consultation la also free. Call upon or address With utamp. _ _ _ _ DRS. BEITS & BETTS 1198. i4thSt. N , E. Coiner Douglas St , , Omaha , Neb , TO WEAK MEN ; : : ; rarlrdecar , waiting vreaknrM. lt umoliooit , cto , I "III Hinil n volualilu trcatlM ) ( M olmll coataluluj f utl rarllculan for Irjmo curr. I'll UK of cliamo. jtrplviiillil muillcal work ) tliuulil Ip rabjri-runr mvi wbo li itfrvnu and U bUIUit d. AtturoM. l > ntf. V. ( } . l'OlVI.i : . fiTouduiA UOUIL. J-t HOW TO GORE LA GRIPPE , flo right about It. Don't , wmlo n nilnut * . Tor the 'pllttliijt ho.tdauhov rnokliu | mln along thovplnonnd In ldo * nnd Itilm , rhoul inntNm of Miniolct nnd Joint * , uhllli nnd favor imuocn nnd disinclination fur food , you nun } take throe or four of Dr , Schan&k's MnJra'n Pills ho fint nUM , and nftcrthntafmlHrlontnumo her to Injure a dully nn I free action of tlio bonds. Keep tlih up formimo tlimuui I whom chllU and fevers nrostiililmrn.quinine In roi\ * oniblodntcs , cnn homed to ndvanUxo wlttlt freo.tho I'lIK Those pills set your Ror cdllvo cleanse tho.iUimuchmiil bowels , nnd start urf normal socrotlom. You've scored i bin point'- Then , to aid illnrstinn , enuli the wo.ikntMi and lassitude , drive off tlm fooling th it you'll u lo vo dlo ni llvo.nnd fjlvotuno and Mroncth ; ' to your system , you must take n tablcspoon- f ul of ofSchenck's ' Seaweed Tonic before nnd after mouti. Already you t OR In to feel like n now ucr-mn. Hut don't forget four lungs. Ik-wnro of the terrible tendency of IM ttrfj'l * ! toward Pneiiiiionliit If you Imiochost tmlnsor u uoiiKh , hotter settle tin ) mat tor at once by n t-iblcsponnful of ScticnoVs Pulnuilc Syrup taken three times n day , between nio.ils ott- cnvrlftho cough U troublesome. You cat ) I bus durrounil the very worst c.isu ot I. < \ (7cjx ( ) | and drive It Into spoudy surrender. And you'll do It riifht nwnv If you uro wise. Ask your Druggist for the tr chonok Koine' dies. dies.D3. D3. SCHENCK'3 bso't on Ojnsumplloa , Liver CompUlnt and Dys-opslaa ; nt froe. DE. J. H. S HENK & SON , PhilauVo Ma , Pa For Norrous Prostration. Ncrr. vjtaml I'll J Meal Debility. Vital I.Mnuitlon , Inonmnln Knlnln inaHack.Cold llnmUorlw ll.nl Circulation , lltuo I.Inn vmilcr the Krci.I'lmi ' to the nnd nil otherNcrroui IHoo.lDlncnjcaliicllh clink. _ cr ci. Thcjr nmVo . . .crcis from new hpnltur blood IVrnrRcment lOSturothoNiTv of the HcrYos , out System nnd brlnir Impure Illooil or 1'nrt Krrori * . \ho . ' should roseate nt i nco I nk < Illl. IIOIIU'S Iliuh licaltli or Ntr\f Tcmtn I'lll * . lit * krrftt ur Renewrr. tiOrrnlft A rial. I'or ftalo bv Drua * ( , orient l > r mall. SAFE , CERTAIN , SPEEDY. iiomi's iniiH'i.MJ : co. , ' ( IAN F ANtilMCO or CHICAGO. I'OK SALE IN OMAHA. NEU. , 1)1" Kului A Co. , Co.r 1Mb & DniiRlM S ( . J .A. Puller A Co , Cor. lllh * Ixiuclas Sta. A. U. foster & Co , Council ninth. In. ARE THE STRONGEST NONE GEN UiNEWITHOUTTMi B/ALABEU There art 100 s/A styla , each at itt coit , the best you can ( my , S'A HnUcr I * Itcitr of All. S'A Kxtrn Text rnnlu next tu 5V tinker. * C/A Hurst' llluukeU eoid by all OraJers. CTTBEB BOUGH CURE ' rs A One Minute Remedy I'or all fiffootlons of the Throat , Lungs and Bronchial TUDBS EXCEPT CONSUMPTION , 25 AND BO GEINTS. Korfeulo hy Druggists. A OlSNUINKMICltUIIK KlU.HIUi KIIID'S (1KIIM ( KltADICATOIturo'itll ilosumoi bcouno It kill * Ilia microbe or form , rut up anil rutiillud In U.l ISsios , thelnttor lUcnlloni. Honl nnjirho paid on recolutof prlcoorC. O. I ) . Wol uo nnleo to curu. Tlio public trade and Jobbori ntip- iillcil tir tlm Kins cr DruK Company , Oinnlm ; C A. Mulclior , HownrilMorornnd 15. I1. BJ/kora. South Oiunlm ; A. I ) . Koitornml II. J. Kllli. Council UlulU AMUSEMENTS. ' CJ * N6W I A KBAHON Or OThBaterK | ± l m tjiivonlccnth nnd Iliirnoy StroeU. Thursday , FridaySal , , Jan , 28-29-30 Siituiduy Miitlnec. nnga LMiiunt of thu Cumodlan Stuart Robson nni ! Company of 1'lnycrs In Iliu Kollowlnu llciiortolio SHE STOOPS to CONPUE , Mr. llohnon an Tour Iiiinikln. IIHE HENRIETTA Mr. Kohaon n Hurl 13 thu LamU. I'rlci'i I'nniuut. t\M \ : iiuniual olrcl ? , tlOJiunl ll.Ui : balconr. T.'ia nnd fl 01 ; K'lllcry , IJo. UOK Hliooti opou Wudnosd IJT inoriilnx. ' FARNAM STREET/THEA.TrtE. Three Nlglif , CoiiiinonoliiK TluitHiluy , .Inn. as. THU CJIIK/VT .MIl.ll'AKV l AV. " A I D Kumilo Ullluite us > ACT rI n uliilrottulniitolth. . D 17 D 17 I KdwurJ It. MUWKUU us Pi E. D C. L. ( ; ( ) i , IC/.r.i Mmon. MAT IN K13 HATUHDAY. FARNAM STREET THEATER. I'Ol'ULkAK 1'UIOISS , Olio Solid Vpok , i iiiiiiiiitiutlii' Kuiiiluy Mntincr , , liinuir/ : . uui ALARM. Vatii-031 Wednesday and tatorIny. EDEN MUSlSbl. Week of JnnuuryS.Uh. IteUlnod by request of our patrons , O.iluten BybiL DiiOumeu Illusion. rliluii.-o O.mrcli Choir Comedy C'oururt ( to. Thn Kdnuuloil I'll ! nnd Smith & I'ullor und Nril.kllU. Onodlmo ; no mure. NEBRASKA National Bank. U. S. DEPOSITORY. , . OMAHA , NE3 Cnpltal , $109,01)3 8uri > lii8 .j . . . . . . . . . Wi.MH ) Ortlrormnd Ulreotor < llenrr W. V t i , : > ro lden\i U U. Cmliliu , Tlo proildem. C. B. Maurlcj W. v. Mono , John H. Collins , J , N. 11. l' rlck. Ixml4tf. Heed , Cailucr , THIS IRON BANK , Corner llith and Farnam au. PEB CENT INTEREST ffllDOHDEPOSITS ATQMAHAlOANOTJSTCtt 5AVMM&S BANK 5E.COR. I6VJ&DQUDLA55T5 , CAPITALIE 100.000.00 OintCTOHS.'AU.WYMAH-C.W.NASa JHMIllARO-CUy'CBAHTON'C.U. LAKE. J J.nnoWN-THOS-L.KIMBALLv