THE OMAHA DAILY BEE : -SUNDAY ,
ti. KALLUN H
EXTRAORDINARY BARGAINS-
Auction Note of from prtces 25 on Ginghams. See our Dress Goods notes. Read every line of / ; 'this M "ad. " carefully , it
50
to
per cent on your expenses this week , Read ! Read ! ! Read ! ! ! See the special I
. 100 pieces standard prints
'worth 7 c , at3ic.
2 cases new challis at 5c ,
- worth 10c.
New 'dress ginghams at Sic ,
worth 15c.
Extra Special.
10,000 yards of zephyr ging
ham , actual value 18c , Monday ,
500 pieces , 150 new patterns ,
added to our sale of fine Scotch
ginghams. These are the very
hcsf quality and sell everywhere
- * > . at 3pc ; our price , 19c.
Silk finish Melaneis , one more
week , at 19c , value , 35c.
French batistes , all colors , in
China silk effects , at 40c.
UPHOSTERY
Department.
Irish Point lace curtain sale for
Monday.
Our $5 curtain , Monday , $375.
Our S6.50 curtain , Monday ,
$5.25.
Our $7.75 curtain , Monday ,
$6.40.
Out $8 curtain , Monday , $6.90.
Our S9 curtain , Monday , $7.15.
Our $10.50 curtain , Monday ,
$8.65.
Our $12.50 curtain , Monday ,
$10.80.
These Irish Point curtains will
he sold at the prices quoted on
Monday only , and can be seen in
our show window
CHILD BURNED TO A CRISP
Horrible Death of a Baby in the Absence of
Its Parents.
INJURED BY FRIGHTENED HORSES
. Judge Miller mid Two Daughter * Dan-
gcroiiftly Hurt In a Itaiintray Near
Cole nidge Nebraska 1'ollt.
Icitl News Notus.
WEST POINT , Nob. , April 9. [ Special Tola-
gram to TUB BEE , ] The a-yoar-old daughter
of Mr. and Mrs. frank Holnraan mot with a
frightful death Friday morning at tholr homo
near Bismarck. The folks were outside
doing the chores and upon catering tun bouso
found ix charred mass upon the floor that was
twitching it vas the lltllo girl , who , in some
manner.ignitod horclothlug nnd was burned
to death , und was writhing in her agonies.
Noriiuil Collogii for O'Xnill.
O'NBiu , Nob. , April 9. [ Special Tolo-
pram to THE BKn.J Messrs. Gunn , Yost &
Co. of Port Scott. ICon. , have contracted for
eighty aoros of land In what is known as
Iluzoiot's addition to O'Neill , and a well
known and popular company will erect a
normal college there. This is the same com
pany that is now building u normal scoool at
Wayne. 1'urtlos here received a letter tonight -
night from Gunn , Yost & Co. , who ny that
work will begin soon on the college and the
contract calls'for Its completion by Sontom-
W > bcr 1. It will bo about 60x00 and bo en
larged as tlmo and addition ot puplU require.
There will bo no boarding house In connec
tion with It.
A mooting was hold hero tonlpht to discuss
a mill proposition. A committee was ap
pointed to raise a fuad for a bonus , nnd it is
thought It will bo successful. It will ba a
water mill nnd bo ready for work by the
time now crops are harvested.
Captured Oiimlm Crooks ,
nBiTincK , Neb. , April 9. [ Special Tele
gram to TIIK HEK.I---A couple of crooks hall-
Ing from Omaha , who hud stolen a quantity
of clothing from Klein's Uuoljot store , were
c-apuircd this morning by the pollco after a ,
lively chase and lodged In ] : ill.
The Hock Island will put on a now train
between this city and Omaha tomorrow. The
train leaves here at 8:05 : p. in. , reaching
Omaha ui 11:33. :
K. L. Cnroy , local agent ot the Wolls-
Fargo expires s company , received notification
today of his promotion as route agon * , of the
Rama oompanv with headquarters at Fort
Worth , Tex. Ho will bo succeeded here by
II. M. Uyorly of Omaha
Took u liInk of Afunlte.
llANnnu'ir , Nob. , April 0. [ Special to Tun
DM. | A mistake
, which might bavo ro-
mltod fatally to the participator , ocsurred at
10 o'clock yesterday morning , In the drug
( tore of J. U Stewart. In tilling a prescrip
tion a bottle of aconite bad been used and
had not been removed when U. M Hoobo en
tered the store , and going behind the pre
scription CMC took a ewallow of the poison ,
not knowing Its deadly nature. HU mistake
wai Immediately discovered and autldotos
promptly admluUterod , which were finally
( uucasiful m thwarting thu action of the
poiiou.
Jletult of na Oratorical Coiitu.t.
CHA.M ! > ISLAND , Neb. , April 0. [ Special to
TIIK UnE.JAt au oratorical and deolama
tory contest ot tha High school Wednesday
nifbt , Hobart Holmes was awarded tint
prize , Miss Ada Whsloy alia receiving hon
or * . Tno contest was hold to douldo
upon a
reprcitmtatlvo to bd sent to the state high
( ohDol oratorical couto.t to bo held at Hast-
In ITS next Thuriday.
IV.Jtern Star l.odjjn OrirHnUed.
SCTTOX , Neb. , April 9. ( Special Telegram
toTiiR Hcr.J Mrs. Oillltiga nf Geneva taut
evening organize ; ! * lodga of the Kaitern
Btar here , with the following ofllcors :
Worthy inntrou , Mr * . J , C. Merrill ; worthy
1
Cheap Wool - '
Dress Goods-
Now Grenadines , all wool , 12 } .
New Henriettas , all colors , l"Jc.
Now Bedford Cords , 15c.
Now Diagonal mixtures. " 8c.
Now zipzan novolties' U9c.
Now Clioviot mixtures , Hoc.
Extraordinary Value.
40-inch nil wool Cheviot mixtures
worth OOc , all colors , for 39o.
Extraordinary Value.
40-inch pure silk finish Brilliiuitine ,
wortli OOc , nil colors , for 25c.
The above prices are inntioin order to
advertise this now department und uiuko
people talk about it. Come nnd secure
a bargain wliilo they lust.
Fine Wool
Dress Goods.
The finest assortment of Clioviot mix
tures , nobby nnd durable , never sold for
less than Ooc , for this week , 5Sc.
40-inch all wool Cashmeres , an excel
lent wearer and makes up pretty , value
G5c. for this week , 58c.
40-inoh Wide Wulo Diagonal , value
31.25 ; wo liave only a few" pieces ; for
this week , 75c.
42-incli now colorings in Ciunolettos.
made from a flno Australian wool , and
very durable , value , $1 , for this week ,
85c.
85c.Wo
Wo have the finest Henrietta made ,
and sold every where for $1.2oour price ,
for this week , $1.
The prettiest novelty this season is the
now Diagonal weave at 81.U5.
Now Cropon novelty stripe , n. very
pretty effect , and worth $1.25 , for
this week. 81.
Priestley's grey novelties on special
sale this week.
40-inch Hair Line
Diagonal Twill , ft
beauty , for 91.
40 incli English Foule Twill , a beautv
for $1.00.
45-inch Wide Wale Diagonal ; for lln
ish and ctToct tills cloth has no equal
$1.60. ;
50-inch now French Foulo Twill : a
gooa serviceable cloth and light
weight , for $1.25.
Now Crepon and Goto do Cheval , a
real novelty , nnd requires a very little
trimming , for this week , 81.60.
See our beautiful Scotch Tweeds at
$1.50.
patron , I. N. Clark ; oniocinto matron , Mrs.
B. W. Woodruff : conductress , Mrs. Dr.
Vrndonburg ; associate conductress , Mrs. I.
N. Clark ; treasurer , Mrs. Wittcnburp ; sec-
rotary. P. A. Nolson. Tbo order starts oft
with much enthusiasm. After the installa
tion the company repaired to tbo Oakland ,
where an olcgaiit lunch was spread.
I.VJUHKO I1Y FKKJIITJJMilJ HOUSES.
Sirs. Juilgo Miller itiul Ttvo IlniiRlitcra Hurt
In a Itiiiiiiwny.
COLE RIIIOE , Nob. , April t > . ( Special Tele
gram to THE BKB.J Today Mrs. JudRO
Millar and her two daughters , as they were
driving into Cole Rldgo from Hartington ,
were run ever by a frightened to am coming
from tbo opposite direction. The horses
sprauR upon tbe carriage of Mrs. Millar ,
turning It ever and violently hurling the oc
cupants to the ground beneath the carriage.
Mrs. Miller , perfectly helpless , was carried
to a bouso near oy , whcro nbo now lies In a
critical condition. It cannot at present bo
dctormlnod how dangerous her injuries aro.
Although the two daughters were thrown
beneath the buggy and the frightened horses
passed ever them , tboy received only slight
miisos. The carriage was literally smashed
to splinters ,
Ho Wus Irani Oiniilin.
FIIEMOXT , Nob. , April 9. [ Special to Tnn
BUE.J A half dozen Fremont business mon
are today kicking thomsalvcs for having boon
conddonood by ono L. Marks of Omaha , who
was In the city a day or two ago and who ,
according to his own confession , was n little
short o : funds. Ho represented that ho was
with the Albright Land company and that
ho was hero paying taxus , etc. Ho succeeded
In getting several suckers to blto and they
advanced him small sums of $1" to $15 cacn
by his Klviug them drafts on himself through
two Omaha banks , The drafts have como
back unbonorod and with protest cuarnos ,
which roust bo paid by those who had the
honor of Marks' brief acquaintance. Quo of
the victims is the city marshal , xvho is also
at the hoed of a detective ouroau.
Doiith of Two Nubruiku I'lliem.
HKATIUCE , Neb. , April 0. [ Special Telegram -
gram to THIS DHK. ] The Beatrice Daily
Loader , an independent paper , started hero
Just prior to the beginning of the municipal
campaign , suspended
publication this oven-
Ing. The Loader Issued nut twelve numbers ,
Its failure ii attributed to lack of patronage.
S'ruoMsiirito , Neb. , April a [ Special Telegram -
gram to TUB Bin. : ] Tha I'olk County 1'ro-
> : ross has suspended publication for want of
support. IU publisher , Brio Johnson , will
move the plant to Clay Center and begin the
publication of an alliance orpan.
( irniul JMHuti-r l.ooiuU' Appointments.
PitEMOXT , Nob. , April 9. ( Spoclal to TUB
BBC. ] Grand Master Loorals of the Ne
braska grand lodge , Independent Order ot
Odd Follows , has just made engagements for
all next week , as follows : Holdrodgo , Mon5
day ulpht ; Orleans , Tuesday during the doy ;
Alma , Tuesday niprhf Wilsonvillo , Wednes
day , during tbo day ; Heaver City , Weclnoj-
day night ; Franklin and lied Cloud , Thurs
day afternoon and ovtiiiin ? ; Superior , Friday.
To linprovn Country JtoiuU ,
FJIEMO.VT , Nob. , April t . [ Special to THE
BKi.J The movement for a reform oftbo
methods of working and Improving country
roads bni rottiltod in the calling of a county
mooting to be held in
, Fremont Thursday ,
April H , Ono township of the county is al fca
ready moving in tbo matter of submitting a
bond proposition for road purposes at a
iporlal election.
.lumtunco fur Cycliinn Snnnrcn.
NSWJIAN OIIOVH , Neb. , April 0. [ Special
to TIIK UEK.J O. W. UanJ ll of this place ,
now representing the Kaglo Manufacturing
company of Council Hluff * , canvui oJ this
citv ycnterilay In behalf ol theNclioncyclouo
sutTorers , raising quito a liberal puwo.
ll.iitceil Him iu tlio Court Vur'l ' ,
KIUUMOVII , va. , April U. A letter to the
Dispatch tiayi that lsa o O. Hiruon , n nosrni
who attempted an assault upon u young
white lady living Iu Chase county about two
wooUn ngo , was \Vodnosday nlylit tukoa
from tbu Jail by n baud of lovanty-tira taeu
auU haugua to a trod la tha court yard.
BLACK
GOODS.
Nliff GOODSI NEW GOODSI
Princetta Cloth ,
A now and desirable weave for spring
and summer wear ; has a rich , lustrous
finish nnd very light weight. In the
east it ia having n very larjjo salo.
Wo make n specialty of this cloth at
95c and $1.25 per yard.
Wo have just received another con
signment of Priestley's celebrated blank
troods , which wo will place on sale Mon
day nnd all woolc at very low prices.
Tamiso cloth at OOc , $1 and 31.25.
Albatross cloth nt OOc , 75c and 31.
Silk and wool mousselino ut OOc. 31
and 31.25.
Cropon cloth at 85e , $1 , $1.25 and
81.50.
81.50.Wool
Wool grenadines at 31.25 and 81.50.
Nuns' veilings ut 05c , 85c , $1 and 31.25
per yard.
SILK DEPT.
Figured India silks in elegant do-
sipns , worth 06c , at 37jc. ' " '
Black faille silk sold all over at 81 , "
our price 75c. -Wv
All black satin stripe pongee filler , , ( . ! .
something very desirably for summer , -
dresses und well worth $1 , Monday C9e.
Black brocaded surahs , with colorc'd
swivel stripes , which would bo cheap at l ! "
$1 , but as "a "Soeoial" for Monday wo ( o
offer thorn at G9c.
i < ij-
30
MILLINERY :
1 !
( ft
DEPT ,
ibnh
Wo will exhibit in oun millinery do- '
partincnt this week a phoicolotof im
ported hats and bonnets for Easter. ,
WON \ : BY THE COBLE MINORS
Judge Hopowell Decides the Oase of Father
Williams vs. J. J. O'Connor.
UNCOMPROMISING ENEMY OF FRAUD
Deed Set Anld by the Court and the At
torney Severely Keprliuaniled Story
of the Cuae Other Court
Mutters.
The somewhat sensational case of Allan
and ( Jortrudo Goblo , oy their guardian , Kov.
John Williams , against John J. O'Connor ,
. executor , was disposed of by Judge Hopowell
1 | yesterday.
J Tao potltiou sots forth that the plaintiffs
were minors , and that by an crjor of court
the executor mortgaged the property for the
sum of (0,000. Later on ho connived with
parties to bavn the mortgage foreclosed and
offered Me Parian a & Saunders a largo sum
of money if they would not bid on the prop-
orty when it was sold by the sheriff to
satisfy the mortgage. The property was
sold nnd bid In by O'Connor ' , ho paying
$0,300 for the some. McFarland & Sounders
testified tbat if the sale had boon honestly
nnd fairly made the property would have
brought $1,000 more.
Suit was brought to set the sulo aside , it
being charged that fraud entered into the
transaction.
Today iu handing down bis decision , Judge
Hopowell
said :
Docinloii of the Court ,
It Is conclusively proven by
plalntlff-i. nnd
not denied
by defendant , though a wltnuss In
his own holialf , that the defendant at u Ju
dicial sale where the property of minor plalnt-
llfs was sold by the order of the court Induced
one JUcPurlnnd , another attorney , who mis u
competing bidder , to desist and retlro from
the field , and paid him $ JOObO todoj that the
defcndnnt , John J , O'Connor , then became thu
purchaser of the property at nn advance of } , " >
over thu bid made by MoKarJnnd.
As n rule , It serves no good purpose for the
court to luoturo parties to u suit In regard to
mutters developed In the trial. I have not
made a practice of this , and will not ; but I
would bu derelict In my duty did I puss by
unnntlcRil sninu features in this vase. The
conduct , of ( he two attorneys Is luprohenslbte
In the uxtrume.
What Is the situation ?
They are lawyers or ability nnd exoorlenco ,
olllcers to or this court. The Judge has the right
their uxpcct their assistance , and It Is
him duty nt all times to aid the
in hU
endeavors to deal
Justly between
lltlnant-i.
lot in a cuso pnndlni ; before the
court ,
to
wherein wlileu ono nf them la a party mid
the
prosperity of
unfortunate cred
itors , minors at. that , U being
disposed of al
forced sale ,
wo lind them
conspiring to.uther.
the ono iMvlnz and the other receiving
for the uxprusH purpose of inoiioy
tition preventing compe
und enabling one of them td purchase
thu property for less than
Its value
and
loss
tlun It would
otliurwl-e have sold
for. IMOH
at It from
mildest any point of view ; call It by the
name possible
, the
tiunsaotlon Is
Mhiimeful u
and
ono
cannot bo
ventured too
verely , se
The Sale Sot Aside.
nlaln .T ! ' ° , S.St-Lt- can bo ! ! . ou.rt. ! .t 'JproinUesU '
no
The question as to the law ,
authorities are ull ono way , and tbo
must bo set ivxlde. Nor does the defendant' sale
counsel deny that thU must bo done , but *
In
sist
tlmt
it should bo upon terms that
protect the defendant will
11ii to ilia extent uf thu
money paid out by him , to wit : purclniho
taxus paid and for improvement * price the ,
promises. upon
Undoubtedly It Is the law that au Innocent
purchaser at a void Judicial sale will bu
tected by tbe courts of equity to the extent pro of
hi * purchase money. Hut what is the rule
where the '
purt'liusur U not
Innocent of thu
fraud which vitiates the sulo ? Hut when
the contrary It H his fraudulent on
uct that
dors thu sale void , will he be protected ! ' That ion-
Is the qnn&tlon here and it must
ItH be aiuerud <
in the negative.
An UnrumproiiilslnjjT Kiicmy of Fraud.
A court of equity ls the
enemy of fraud Iu all of Its uncompromising forms. It delight -
light * In protecting the Innocent and the weak
ftirntust oppruisloa , but It lll not tlietcu
forth Its urmb to save a party from the
con u-
rjnencus nf his onn fraudulent act.
The defendant iu this case wus the actor ,
i T T TT-
GAIN W
-EXTRAORDINARY
means , if you are going to buy anything in Dry Goods , a re-
line ofVool Dress Goods ,
on snip tomorrow nt 5JJr : vnlun & 1.
Special Sale
-OF
44-inch silk drapery nets , value 85ci
Monday 4c. ! )
44-inch silk drapery nets , value $1.15 ,
Monday 78e ,
40-inch silk drapery nets , value Sl.Itj'
Monday 08c.
40-inch silk drapery nets , value $1.75'
Monday $1.13.
40-inch silk drapery nets , value $2.25'
Monday $1.08.
40-inch silk drapery nets , value $2.75 ,
Monday $1.03.
40-inch silk urapery nets , value $3.50 ,
Monday $2.48.
Also a now lot of matched laces in the
now styles , from 2 inch to 15 inches in
width , at greatly reduced prices.
1,000 yards 1-inch embroidery lie
1,000 yards li-inch embroidery 5c.
1,000 yarns 2-inch embroidery 7ic.
1,000 yards 3-inch embroidery ! ) c.
1,000 yatds 5-inch omtroidory lie.
1,000 yards D-inch embroidery 13c.
COO yards Allover embroidery 50c.
, | t25inch demi-flouncing in black em
broidered mull , 35c per yard.
Also narrow edges to match So yard.
tin perpetrator of tlio fraud that renders the
sulo void To say tlmt lie will bo protected by
tin courts from the predicament In which ho
It nils himself by reason of Ills /rand Is to pulii
ureinlntn upon vlco and place virtue below
par. Wore Hiioh the law tuo sclioinor would
take no risk ; lie could ply his evil practices ,
knowlue Hint If successful ho would enjoy the
fruits of wrens dolnc. and if deluded bo
would gel his money back with Interest.
Defendants guy It would boa monstrous
wrens ; If plaintiffs nroclvon tholr
property
free from onounibriinco. That Is not the ques
tion now buforo tlio court. The question Is.
can the defendant Invoice the nld of a court of
equity under the facts proven and admitted
inI this case ?
But defendant contends that If lie would
not bo entitled to Invoke the powers of a court
of equity In liln own behalf , still the plaintiffs ,
being i the moving parties , must drat do equity
by tenderln- the money ho has paid out. To
that the answcris that the right of the pluju-
tlfls to have tlio , . dcod sot aside de
pends ' upon their ability to show the
fraud charged , and rnot on tholr ability
to pay Into court I7.0UO. Iloslcles.lt the court
ref thiit to be done , it would be clolna on
Its own motion for the defendant the verv
thing which would not bo done If asked bv
them , viz : clvlint thorn security. If lie can
not Invoke the aid of the court of equity , how
can equity bo Invoked In his behalf/
Tlio prayer of the plaintiffs will be granted
and the deed set nsido. Milton II , Goblo. the
father of the plalntlirs. who Is u tenant by
courtesy , not having Joined with the plain-
tills , wo are of the opinion it would bo Im
proper < to nllovr a recovery for runts and
profits , but the plaintiffs are the owners of
the < property and entitled to have the dcod
set aside.
History of tlin CHHO.
Father 1 Williams , in speaking of tbo history
of tbo case , said that In JSS1 Mr. ana Mrs.
tic ( bio bought tbo property in question situ
ated at 1910 Davenport street. They paid
$1,500 In cash and gave notes aggregating
$0,000. The next year Mrs. Goblo died.
Goblo ( made no attempt to pay off the debt
against tbo properties at 1910 Davenport
street and on Juno 3. 18UO , O'Connor offered
the proportjotsherjit's sale. Mr. Williams
was absent when tbo sale wan made , but re
turning Juno 15 , for tlio first tirao learned
thattbcre Sad been fraudulent transactions
connected with the sale of the property ,
which bad boon bid iu by O'Connor. Ho
lei
both
boM
McFarland would have bid $7.500 for
the property. In fact bo did bid
$11,500 > , , when ho was approached by
O'Connor , who gave him $300 to rotlro
nnd not bid any moro. Ho , thinking that
O'Connor did not intend to lot him bavo the
property , accepted the money and retired ,
after which O'Connorbid the property in in
his own name ut $ G,5mu ,
When Mr. Willmmsdoarned this ho brought
suit against O'Conoor.fp set the sale aside ,
charging him with fraud. The fraud con
sisted of hiring legltlfrfhto bidders not to bid
at tbo salo. > jl'i
Continuing , Mr. Williams snIJ that O'Con
nor , as executor of the estate , was guilty of
cboatiuR two minor Udlra. This wai proven
on tlio witness stand and no attempt was
tnaao to deny tbo fact , ,
As oTldouca of the "fraud Mr. Williams
stated tbat after thoWiilb was brought O'Con '
nor approached him snil offered tu deed back
the property upon payment being inndo nf
the amount that be bad Invested. Prior to
tbo commencement ItoHj the suit , however ,
O'Conuor would uowieonsull with him re
garding the matter and. nt tbat tinio abso
lutely refused to transfer tbo property.
.Mr. O'Conuor was two by a reporter and
askedI to state his s o of the caso. Ho said
tbat ho was ready to.tfeod the property back
if ho was paid the money tbat bo invested.
Oilier l.lllfcutloin.
Tbo case of Hoagland et al against W. J.
1'oul was called in Judge Doano'a court aud
contlnuod for ono week. Iu this case there
are twenty-five creditors and $75,000 at issue.
Tbo trouble grows out of tbo building of a
number of bouses at Twenty-fifth nnd liar-
noy streets , which J'aul erected two years
ago. Being unable to pay tbo contractors
and material men Hens were filed and at
tempt Is now being made to establish their
priority.
In the case of the state against H. f. Mug-
glus , charged with having robbed a Swede ,
Nols Olien , of $00 , tbo jury returned a ver
dict of not guilty.
Attornuv John O. Yoisor was before Judge
Keysor with a peculiar request. Last Thurs
day a case In which Yciser should have to
ap
peared for the plaintiff , was called. Thoattor- ia
noy being absent , a dismissal was entered ,
Yostord.y Yelior asKed to have tbo case rom-
stated on the docket and In support of the
request filed an allldavlt thai last Thursday
was an extremely disagreeable day. Ho sup
posed tbat tbo court would take judicial notice -
tico of the condition of tbo weatbor and ad
journ tbo bearing of the cause. The judge
rootled that the court was not dolog that
kind of business.'Woll ' , " answered Yolser ,
"tho jury was ia attendance and 1
have no doubt but tbo twelve mon
could have looked after the Interests
of my client to much batter advantage than I
could If I bed been present. " Too Judge lias
taken tbo in at tor under advlsemont.
John Sullivan bos Drought suit against
Swift & Co. of South Omaha , and is Eooking
to recover 5,000 damages. Ho alleges that
last winter he was in the Jco-cutting crow ,
and on account of the defendants uMug faulty
machinery to conduct the ice into tbo bou&e
a block weighing a ton or moro slipped off
the carnago. As it went dowu it crushed
his right log and foot to a pulp.
Millspaugb & CuddinRton want to recover
3,000 from the Omaha Stradamant and A-
phalt Paving company. They allege that
thov had a contract to furnish $3,000 worth
of saud , but though ready and willing to
comply with the terms of tlio contract , the
defendant absolutely refused to accept tlio
material.
Ddrldocl liy tlio Snproimi Court.
Parties owning lots In that portion of the
city bounded on the north by Cinuoy street ,
on tbo south by Lalto , on tbo east by Twonty-
fourth and on tbo west by Thirtieth streets ,
bavo reasons for rejoicing. The title to that
strip of land has been settled by a decision of
tbo United States supreme court , and Judgn
Ambrose has just received authentic infer
mation of tbo fact.
The suit was an aged ono anil originated
llko this : In 1857 a piece of hall-brood scrip
was issued to Sophm Felix. In 1800 the scrip
came Into the possession of M. T. and Al
Patrick , who laid it
upon the land above referred -
forred to. Shortly after this , Pierre Fallx ,
tbo solo liolr of Sonata Felix , brought solt ,
alleging that the scrip was fraudulently
obtained. This placed a cloud upon the title
of the land In question and affected all sub
sequent purchasers of lands and lota.
The decision of tbo supreme court Is to the
effect that a dismissal Is entered as to all sub
sequent purchasers from tbo Patricks , but
still stands as far as tbo land that U now In
the possession of Al and M. T. Patrick Is
concerned.
DISCOVERED THROUGH A CRIME.
Triigoily Jttitoitls Oell
i Location to an Anxious .Mother.
A well drcsbod and rather caro-worn look
ing woman came to the police station yester
day morning for assistance In finding her
daughter , Nellie Con way , who had left homo
to lead a life of shatno In Omaha some months
before. Sergeant SIgwurt accompanied the
woman aud found thu girl without any dlftl-
culty In a notorious bouse on Ninth struct.
Nolllo Conwity is the Cecil ( ! rny of
the recent Gftlford-Moonoy
tragedy. Sbo
was tha chum of the murdered girl and the
one who first discovered the bodies , aad it
wai under her bed that the missing mouny
wan found ,
She Is a pretty , black haired little girl not
yet 10 yearuld , and looks entirely too frosn
and Innocent for the life she has boon load
ing. Her homo life in Carroll , Jo. , she claims
and the mother partially adinlU , was made
unendurable by a tyrannical and ovoruearlng
father , and her oyns were dazzled with vis
ions of a life of luxury aud ease and unlimi
ted now drosses.
Sbo has a slstor in tbo rlty who
loft hone with bcr und who Is now , It Is
claimed , working at the county hospital. Tbo
mother had her stuplcloni , but had no idea
of the depth of her daughter's fall until she
saw the account of the inquest over the vic
tims of the Ninth street tragedy In TIIK It in : ,
whoa BUO wrote , and came to Omaha to find
bcr.
bcr.Tho
The girl made no objections to returning
with her mother , hut expressed the opinion
tbat she would find tbo father unchanged
and would not bo able to live in the same
house with him.
1'rnss Clnli HI feting.
Members of the Press club are requested
meet in iporlnl tasslou today at 4 o'clock
room 314 , DEB building , ns tbero h busi
ness of great importance to the rlub to traus- "
act. It. U , I'Ki-niK , I'rpBidout. M
OUR LEnDER ,
$1,35 ,
The above cut represents a wrapper
nindo of n line American print in nil the
now designs and put torn a. The style of
this wrapper Is one of the boat
brought out this season. It is miulo
with nyoko and
rufllingof tliosamo ma-
turlnl , is gathered in the sonin to pivo it
a perfect llnish. It has u tlght-lUting
lining , full front and pleated biu-lc.
SIM , 3 ! to 42. IVico , Monday , SI . ; t' >
Our next number is made of a line
Pneiflc Challio , all now mid handsome
patterns copied from the imported ones.
Wo olTor , Monday morning1 , at $ l..r > 0 ,
La Cigale
This wrapper is a novollv , tnndo of ft
flno Bedford Cord , in dolii-ato little
heaves und flower patterns , tans , navya.
ponrl grays and cronniH ! the cntiro
waiut is lined with cntnirle , making'a
warm , co/.y wrapper for oiirly spring
wear. Our Monday price , $ _ , < > 8.
Jackets. Jackets ,
Wo have about 100 Ladies Jackets ,
all now goods , size , It-1 to as , in tnnnnvv
and black , ranging in price from $5.75
to 87.50 On Monday wo will olTerthe choice at $1.85.
Wo have
n long Kussinn
. Capo inndo of nil wool malarial , In black tan
pearl gray. It isngnrmnnt Hint , or
is
sola at from $15.00
to 818.
wo offer this garment at $10.50. Monday morning
MEN'S FURNISHING DEPT.
Men Moii s s heavy liner seamless Rookford mixed J hose for 7c } a pair , actual value , 15c.
Hoys' Percale Waists onyx , dye 1 hose at Me ; best v.iluo on onrth for the money.
Hoys'hoavy Oxford good patterns and fast colors , all sizes , Jillc.
value.Men's Cheviot Waists , light and dark colors , at COc , special
terns Men's und fast Cheviot colors. , Madras and Flannel Shirts for 91 , $1.25 and $1.50 , all good pat
100 do on Men's Fancy
Bordered
Handkerchief for Sjceach.
100 dozen Men's half Linen
Bordered
A largo variety of Iloinstitchod Pure Hnndkorchiofs. lUJe and 10 o.
for 40a.Wo Linen Handkerchibfs at Uoc , good fabrlo
Wo are showing ft handsome line '
of
Hnnds Men's for 50c , all the newest colorings of Mon's silks. Nockwour in Took and Four-in-
line Froncli
Balbriggan
wear nt 75c. Underwear in ecru and bluo-grny for soring
Men's Jonn Drawers , all different lengths of logs , best quality,60o and75cpair.
LADIES HOSIERY AND UNDERWEAR DEPARTMENT.
'
Ladies' fine Swiss
Best grades of Marjo Ribbed Cotton Jersey-Fitting Vobts , bilk taped , for J2jo each.
shown. Jersey-Fitting Vests at 25c.Mo und 50c ; best vuluo
Heavy , long sleeves , high nock Balbriggan Shirt
Ladios' , atSOc.
Onyx Dye Lisle Thread Ho33 fo HOu
' r , worth oOc.
Ladies' Boys' heavy School Hose , onyx dye , 2. > c a pair.
line Gauge Onyx Dvo Cotton Hose. 35c a iniir. 3 air for SI.
ON CONDEMNING PARK LANDS
Pr. Miller and Attorney Oonnell Talk About
the Park Board's ' Powers ,
SOME NEW POINTS IN THE MATTER
Dr. Miller
buys Coiidcmiintlon is Too Slow
Sir. Council Snyit Jt Will .Save Hindi
Dlonoy and Help Out
Workmen.
Much ] commoat and criticism have been
indulged over City Attorney Connoll's legal
opirion in reference to the city having power
to condemn loads for
park purposes , tiomo
have the idea that tbo bonds voted at thu
lust
election are only to bo appropriated to
tbo purchase of groucds for parks , und aot
for their improvement. On the contrary ,
the proposition voted upon states clonriy
tbat the money to be
gotten by the sain of
the bonus Is to tin apphod to botb the purchase -
chase und improvements of the parks aftur
the grounds have boon selected by tbo park
commission.
Some of the city ofllclals , together with Dr.
George L. Miller of the park boardclaim that
by condemning lands the city will bo delayed
an Indefinite length of time in getting parks.
The delay , it Is sot forth by those in opposi
tion to condemnation procoadhigs , will bo
occasioned by oudle&s litigation in tbo suupu
of appeals from appraisement , injunction
suits and will only oud by the proceedings
costing the city moro money tbun If It had
purchased the property outright.
Dr. Miller , upon Doing uikod lih opinion
wny the delay would bo madu , said ;
Dr. Allllvr'it Opinion.
"I bavo refrained thus far from expressing
any opinion uuojt tl'o now phase of park
obstruction. It did not surprise mo at all
from what I know of a deliberate purpocto to
defeat the project for securing
parks this year or at all. It
is plain to any ono that if the appraisers
pointed by the mayor , unUur the udvioo ap of
tbo city attorney , should place tba vuluo of
these binds below whut has boon uskod for
them , the citlrcas Interested In having thu
parks secured at once and owners of tills
property would ao everything In tholr power
10 resist tbu proceedings. I hour it t > uid tbero
would bo loom for injunctions und
conten
tion iu this cuso at every step , but 1 do not
know this because 1 um not u lawyer. Hut
iu my opinion tbo expense ot litigation which
would be certain to occur to thu city would
more than vqual any advantage that could
be attained from exorcising the rights of
eminent domain , besides I bold firmly to the
opinion that the right of uunuoni domain is
a dangerous power , and tbat there U no jus
tification for its exorcise for the purciiaiu of
broad acres for parks. Thcro la no such ne
cessity for It , as exists in the C4so for rail
ways , HtrccU , alleys aud tboko tmoutlal
things necessary for the public welfare , "
City Attorney Council was also aeon by a
reporter for TIIKKK , and upon being Inter *
viewed regarding the delay which is claimed
would reeult from condemnation proceedings
nnd tba purposa of advising such prooooj *
lags , stated that tbo claim that ha wus op
posed to parka or desired to cause any delay
In securing them was utterly without founda
tion. lie stated that ho had largo property
Interests in both localities
where it is pro-
iiosad to secure land for park
purposes ,
From a personal standpoint aa well us by
reason of his general Interest in public im-
provouioata , ho ttrontrly favored tbu estab
lishment of a system of parks and boule
vards ut the earliest day poisibm. Ho also
said that ho believed this should bo done us of
required by tha plain provisions of I ho oily
charter and bo '
wa absolutely certain tba't
thu opinion hu had almi Mayor Jlouiis was
correct and that tbo courts wouut JicreaUer
vindicate hit position.
With regard to delay Mr. Connell BBJ-J
that injunction | iri > coedlugii are moro likely
follow a disregard of tuu provisions of tbo
charter ! thnn by
following its platu
inao-
dates.
dai'J About Tlmt ICmliiriit Domnlii.
The city
attorney , further referring to the
right , of tbo citv to obtain lauds for park pur
poses by condemnation , suld :
"I do not claim to bo absolutely Infalllbla
regarding the law
relating to tbo power of
the city to appropriate land for park pur
poses I : , and if a lawyer of the character
an standing of Judge Lake would say
t was i wrong , while J would continue to
think I was right , X would concede tbat the
city council
would bavo HOQIO justification for
acting contrary to my ad vlco. If tbo council
proceeds with the proposed purchase It will
unnecessarily expend upwards of MO.OOO , if
not JIOO.OOU , of the park mouor , which could
be used for purchasing additional ground for
parks or boulevards or for improving the
same. A very largo amount of the money
which it Is
proposed to expend for
parks will at once bo taken
from Omaha by away
non-resident capitalists.
'Under tbo constitution , which provldoi
that no uroperty shull im taken without just
compensation , Iho owners of thcso lauds uru
sure to obtain the fair , roasoimhio value of
the lands taken. This ought to bntitjfy thotc.
To
allow them uconsldcrablusiim in addition
to the real value of tbo land takou will re
sult in preventing the city from obtaining
ether necessary land ana furnishing employ
ment to a largo number of worklngmon.
\V1II llulp thuVorli'l.s. .
"I bohovo the workiugmcn of Omnha are
entitled to somu consideration iu this
matter. The
bonds which were voted
ity the people were to ba used
not only for the purpose of
for parks , but also for improving put Us paying "and
boulevards. One of the oldest and most aim-
ccssful lawyer * In the city stated to mo that
he would bo willing to carry through the
courts tbo condemnation suits
to
iiecossury
obtain thu land nroposod to ba purchased for
parks , provided the inly would allow him
one-fourth of what ho might save ever and
above $ 100,1)00. ) If this sum could ho uavod
us the result of condemnation
proceedings
,
und I believe a very considerable portion of
it can bo saved , it is the dutv or the rep
resentatives of the city to tak'j nctldn
accordingly. Tbo charter , In so many words ,
states : 'It shall bo the duty of
tbo mayor and council tu take such
action as may be duccsaarjr for the ap
propriation of lAiidx and grounds designated
hytbo park co-urolssloners for parks and
boulnvimR' It Is dnlmodjby the editor of
tlin World-Herald thut I have failed to cltu
any provisions of the charter which give thu
legal machinery necessary to bo uswl In con
demnation proceedings for securing lands
lor park purposes. This is clearly nti error
on the part of lhacditorof tno World-Herald.
I have cited such provisions , and they are
tbo same provisions
under which a great
deal of Inud tins boon * takna at dilfvrenl times
for public use. le is a mistaken notion that
any uorlous delay will result from con
demnation proftyjdhigs. Tlioao proceed
ings are summary in their natnro and
it is expressly provided by the charter that
no appeal from nn award uf damage * shall
delay the city iu taking posiuitilou. To
spend , as la proposed , the on tire sum roallioil
Irom park bonds In tbo purchase nf lands
which will remain for a coiialdorublo time In
tholr present wild nnd ummnrovod state , It
seams to ino is the hnlght of folly.
"The true plan is to condemn , und to allow
the owner * the reasonable value of their
lands , ansens special banoJIU to tuaoxtant
that the same may exist , and devote Uio re
maining funds to tbo Improvement of llio
parks and boulevards. This is duo not only
to the taxpayer but to the large number of
men out of employment and in need of
work , "
DUnilrmifi 1'iirimt I'lru.
WATKIIFOIIII , N. J. , AprilU. Thnio hun
dred man fought n forcit fire near bora yes
terday , but in spite of tholr efforts It proved
ono of the worst fires South Jersey has over
known. The loss U estimated to exceed
iOXK ( ) and the lire is still raging , Tuuusaud *
acres were burned ovor. '
Tli Hit-lit Oun lUml.
New Yoittc , April li. At 9 o'olook la t
night Albert Kalbonnuck , agaj &S , shot
Amelia Krotis , a domestic of 103 Knit KnurtU
street snd than committed suicldu. Thu girl
was not ( iausorously hurt ,
