THE OMAHA DAILY BEE : THURSDAY , FEBRUARY 2 , 1801.
To , , ho In KUllty of the crime of having cm-
l > ezzl < 1 the whole or the Kroner part of
this mini. I 1m ve llttlo doubt. He linn corn-
milled no many orlmes Hint wlertlon for
prose , utlon Is dllllonlt. What out of the
bng list of his offense * I have sclerled for
iir < "int.-itlon to you , two forgeries nnd two
clear , so
or more larcenlen no perfectly
rnilly r-Uabllshed , no Indefensible that they
will worn' the purpose of prosecution with
out nferrncB nlso to othera.
The luilllngor C'nue : in February. 1&9.1.
It , O Dun Ke Co. . owing upwards of $10,00
to ! : . W nullltiKor of thin city , for ma
terial tiurehnneil. On th * fith of February ,
18Ultnnn. . nelni ? In urgent strnUs for
money , directed the cnshler of It. U. Diln iSz
Co , to make out n cheek to Hie order of Mr.
liiillltiffer. ami Instead of transmitting It to
lilm for payment of his nronunt , lie ilelll-
urately f .r eil t\i" \ name of H. W. llu Inner
on the brck of the cheek and deposited I It
to his own ocoomit In his own bunk. The
nccount of Hulllnijcr on the book * of the
firm wii debited with that cum In the
it ml ci'irso of business.
I nerd tmrdly cny that tlio actions of
VMnmn were wholly without.Ilia . know -
rlre of Mr. Dim or of nny of his iwmel-
rut.i in H. * Uun * To. , nnd tlmt Klnce
11. . n Hi. v linve palil to Mr. Hiilllnuor the
nim whifli Whnnn on the tiny named up-
pr printed by means of forgery to bin own
"
M , fnmpbftll Printing I'resH nml Mnnti-
f . irinc Company rune : A few days lie-
f , ir th" riullltiKnr CHSO Just n'elletl. viz. :
o < i HI t'tli ' day of January , 1V.U , Wlmun
uivlcr cltcum-
f m-KtiO'l ' another forgery
Ht un rvery similar. On Hint dito : It. C ! ,
Pun K r'o. owed the Campbell Printing
1'rnsM ami ManiifrtelurlnK company thi r.um
of $ r > .li U fir two prlntlm : preym-s , purcha.to-1
In May , IS1) ) ? . Wlmun procured fr.im the
emhler of It. O. Hun & Co. n cheek to the
or-lT .if fKilen Hrewer , treasurer of the
f' < um > l > i'l ! eiimpiiny. on the pretext that h"
flinlro'l to pay the account. Theroiip-m he
went to the Campbell company , nnd tolling
thmn fiat It. f ) . inin * Co. wore short of
f'Hi'ls. ttHkeil whether they would llko noted
f'-r ibe u < eount instead of of their account.
fin Mr llrewer ncriutcuclni ; ln > made two
juntos to them In III * own name nnd deliv
ered them to him. He then forged tin :
name of Ogilen Hrewur on the back of the
check and appropriated It to bis own U"o.
All of these fnctM were concealed from the
knrwleilKO of Mr. Dun or any of hlH asso
ciates. but they , later on. discovered them ,
nml paid the Campbell company th"
nnix'itit of their account.
On learning his crimes had been detected ,
Wlinan offered to transfer to Mr. Uun cer
tain real estate on Htatcn Island of doubt
ful value , but Mr. Pun , learning Wlman
wnH Insolvent , refused to accept It or to ro-
eeive anv preference over Ills other cred
itors Wlman thereupon made a formal ns-
Hlpnment for the benelH of bis creditor * .
Imt bl.H assets have amounted to ulmost
nothing
Mr Imn did not submit 'the proof of
"Uiman'H crimes to thu authorities on llrst
disfiverlntt them for several reasons. In
. - . - moved consideration
the first place ho V.--IH by
tion of sympathy for Mr. Wlman , with
\\liom ho had been on terms of friendship
for many years , and liy the piteous ap
peals for mercy which Mr. Wlman made to
lilm lit the letter herewith nubmltloil. li
the second place , he then had no apprecia
tion of the extent of Wlman'H embezzle
ment nor of the length of time , lasting
many years , during which ho had systemat
ically abused his confidence and abused the
trust reposed In him.
The whole story of his wrongdoing had
to be unearthed from the voluminous rec
ords of the business of four or five years.
It bus required a vattt amount of labor nnd
time to II nil all of these Irregularities by
which ho embezzled so lartje a sum of
money , and the whole account , with the
history of each Item , was not made up
until a comparatively recent dato. Again ,
Jlr Dun wan led to believe by the gross
exaggeration of Wlman as to the value of
hlH Interests ) on Stnten Island that It was
lioHsllile to realize something substantial for
hlH general crcilltora , many of whom would
Buffer more severely than Mr. Dun.
In view of the fraud practiced upon them
no well UH upon himself , and the conviction
that a mnti of Wlninn's bail character
ought not longer lo masquerade ns an hon
est man In this community , and ns an arl-
vlscr and cxhortor of youth and out of a
ncnse of obligation to the mercantile world ,
with which he Is no closely Identified , he
lian decided that his duty requires him lo
expose Wlman'H conduct nml to hand him
over to the authorities , that he may ) > o
dealt with as the law directs ) .
Alllxed to the foregoing letter were the
following names of witnesses : It. O. Douglas -
- las , B. W. nulllnger , Ogden Drcwcr.
HOW HIS FAMILY HECEIVED IT.
The distressing news was not long In
reaching the home of Airs. Wlman , which is
situated at Tompklns avenue , or as it Is
better known , the upper Terrace , St.
George , Staten Island. When she heard of
the arrest , Mrs. Wlman , although shocked ,
bore up with greater calmness than was
expected. This was duo to her Implicit
belief In the thorough honesty of her hus
band , and her confidence tn his ability to
prove his Innocence.
Mr. and Mrs. Wlman's married daughter ,
Mrs. Norman Walker , Is very HI. Harris
Wlman , the second son. Is employed In the
newspaper business , and Frank , his younger
brother , is In the ofllce of Vcrmilyo & Co. ,
brokers In Wall street.
As soon as word had been received ot the
arrest Mr. Harris Wlman came to
New York from Staten Island and went
to the Tombs , carrying a small
snchel with n change ot llno.n for his father.
The keeper of the prison received the
satchel and consented to take a note from
the young man to Mr. Wiman. In this
note young Wlman asked his father It ho
wished anything done , and It he cared to
maku any statements. In reply to this mes
sage , Mr. Wlman wrote to Ills ton that ho
was both cheerful and well ; that ho had
comltted no crimes , but had no doubt
blundered , and was willing to stand the
consequences. He added ho had absolutely
refused to accept ball , although ottered him
by friends. Ills note concluded with the
statement that ho had an engagement to
speak tomorrow night in Grammar school
No. 27 on Forty-second street , and , please
God , ho would keep his engagement.
The young man was not permitted to see
his father. It may ho ho wished lo conceal
from his family nny despondency ho felt and
to lead them to suppose that ho was con
fident of acquittal. The subject of his lec
ture at the Grammar school Is "Tho Great
North I.und. " U In one of a series ho has
been giving In various grammar schools ot
this city.
Investigation In financial circles In this city
by a representative * ot the Associated press
led to the discovery of what might be a clew
to the present prosecution of Mr. Wlman.
Ono ot the questions sought to bo solved
tonight was why a whole year could have
been allowed to clapso It was February ,
1S91 ! , that Wlman Hovered his connection
with It. 0. nun before the alleged crime
against him If It Is crime was prosecuted.
This Inquiry has created a great deal of In
terest
About a month ago a mysterious circular
was printed by some person unknown and
Industriously circulated unions prominent
merchants of this city. In fact , every one
who was likely to moke use of mercantile
ttsi-ii' ' les received one. In brief , the cir
culars revealed many hitherto very dimly
understood fuels In regard to mercantile
agneitiiniul their methods ot doing busl-
noas 1' was a ravalatlon not of the most
pleasing character to the aijoucles uud
created a great deal of talk and bitter fenl-
ln. , Mr Wlman was 'promptly hold re-
Bimi'Siblo ' for Its authorship. It was argued
thai very fnw men were so thuroughly
n-'ua-ilnted with the details of the mercantile
UK in.y business and with all of tlm facts
published In the circular so well as Mr.
Wl.nun. Now , as a imittitr of fact , Mr.
Wlman und hta friends siy that ho not only
dlil nnl wrllo tlm circular , but was unaware
of the fact that It wan published. Although
totally Innocent of the authorship the
credit of It has over since been laid upon hl.t
tihould r.s and U IH supposed U. O. DunCe
Co had ever sineo felt embittered against
him on this account.
SERIES TWELVE.
FEBRUARY 22.1894.
THE ! B El
COUPON.
World's Fair
Art Portfolio.
To bccuro tins auporb souvenir
bcml rr May Bixooupoiifiof this
series hearing illnorunt diiUa
10 en nt.s In coin to.
ART PORTFOUO DEP'T ' ,
Eco OHloe , Omaha ,
CUT RATES ON CERTIFICATES
Western Paiwenger Association Amends Its
Rules on Excursion Privileges.
TRANSMISSOURI AND COAST BUSINESS
Mndillo Oicr Differential * and Arlillnirlex
( trowing U'ornc anil the I'roipccM
for u ( li'iieral Hutu War
.Steadily Improve.
CHICAGO , Feb. 21. At today's meeting of
the Western Passenger association the rtllea
were no amended ns to allow n reduction ot
rates on the certificate plan. When 100 or
more people xvlshed to attend n convention or
meeting heretofore the association has re
quired nn attendance of 250 people. In the
territory cast ot the Missouri river and ICO
West of It.
The old executive committee , consisting ot
General Passenger Agents HcafTord of the
Chicago , Milwaukee & St. Paul , Sebastian of
the Rock Island , and Thrall of the North
western , has been retired. The now com-
mlttco consists of Passenger Traffic Managers
White ot the Atchlson , and General Passen
ger Agents Hustls of the Ilurllngton and
Lord of the Great Northern. Tomorow the
association will take up the transcontinental
rate trouble.
General Passenger Agent Lomax of the
Union Pacific held a long conference with Mr.
White of the Atchlson and Chairman Caldwell
today upon thu attitude of the Union Pacific
toward the emigrant clearing house. Noth
ing was definitely settled , but at the close of
the meeting It was announced that an ad
justment of troubles was nearer than at nny
tlrno during the last two weeks. Tlio settle
ment Is a long way off , for all of that. The
Uncle Island today [ .tit tilt ) reconciliation aside
for a time by announcing that it will not
agree to the demand of the Union Pacific that
S2.HO per passenger be allowed It as Its share
of the emigrant clearing house business. The
Hock Island claims this Is practically allow
ing the Union Palcllc a dlfTerentlal ot $2.50 ,
a proceeding which It cannot and will not
allow.
Tlio Atchlgon has issued a reply to the
circular recently sent out by the Southern
Pacific , announcing a boycott on the Atchlson
tickets via llarstow and Los Angeles .to
points on the Southern Pacific north of Mo-
javc. The AtchUon roU ; | > sts all'conncc.lons to
lake no action on the notice of the Southern
Pacific , Baying that prior to March 1 , the date
set for the inauguration of the boycott , it
will give full information as to the manner
in which It Intends to protect Its California
traffic.
SOUTIIF.HN PACIFIC'S 1'OSITIOX.
Not I.lkcly to .Sutler from Trnnscontl-
iienlul Iite : War.
The Southern Pacific Is out In a circular
to all general passenger agents ot connect
ing lines stating that on February 20 they
Ehoiild discontinue selling single trip tickets
via Harstow and Los Angeles to points on
Iho Southern Pacific company's roads north
of Mojave. And also after the same date
they arc notified not to sell round trip
tickets from or via the Southern Pacific
company' : ) roads reading via Dai-stow or Los
Angeles.
This action of the Southern Pacific shuts
tlio Atchison out ot San Francisco business
entirely except via Its Mojuvo route , which
Is hardly to bo considered. The Atchison'
lias retorted that If the Southern Pacific
shuts it out ot San Francisco via Los
Angeles It will also proceed to do the
"brother act" by shutting the Southern
Pacific out of Los Angeles via the Trisco
route , thereby lolnluc Issue.
Not content with this opening gun the
Southern Pacific has notified connecting lines
by. wire that It would not participate In Mid
winter fair rates after February 28 , and
would discontinue selling tickets nt present
rates on that date. This puts the Santa Fe
on the defensive again as It can't afford to
have the arbitrary between Los Angeles and
San Diego taken out of the rate on account
of the present low tariff. The Southern Cal
ifornia demands an arbitrary of $10 on the
present round trip of $63.50 , tickets which
the other roads are not Inclined lo give , the
upshoot of tlio whole affair being no doubt
that the Santa Fo will continue to do San
Diego business though the lions roar.
Mr. Charles Kennedy , talking ot the pos
sibilities of n rate war , Bald : "The South
ern Pacific seemingly holds the key to the
situation , as nearly all the roads In Cali
fornia , the ferries and possibly the street
can ) pay tribute to this corporation. It Is a
fact that the Southern Pacific made moro
money during the lust transcontinental fight
than at nny similar period In Its history.
Local rates In California remained the same
and the low rates to the coast brought
thousands Into California that would not
have otherwise cone into the 'land of sun
shine. ' Hccognlzlng that low rates will
make the Midwinter fair a big success and
recalling the prosperous time thu Southern
Pacific had several years ago I feel pretty
certain that an old fashioned war will be
Inaugurated. San Francisco people demand
low rates and the Southern Pacific , I believe ,
Is anxious to give California a boom that
will pull the Ktato out ot Its present depres
sion. These uro the reasons for the rate
war that seems Imminent. So far as the
Hock Island is concerned the war will not
make a dollar's difference to us. "
At the request of the Southern Pacific
thu Union Pacific lias Issued n circular to
all agents calling off. its round trip tickets
to Siin Diego , olToellvo February 2S , because
of the | H ) oibltrary rate demanded by the
Southern California ( which Is a part of the
Santo Fo system ) between Los Angeles nnd
San Diego.
As for the Southern Pacific's throwing
buMnoss away at this time , as Is Intimated
in the dlspatshos from Chicago , It may not
be out of place to remark that the Southern
Pacific Is not given that way. Tlio road In
question reasons , and very properly , too , that
all business at this time Is toward San
Francisco , with final destination at LOB
Angeles. Should passengers deslro to go be
yond that point they would have to pay local
fares lo destination. In the light of this
construction the Southern Pacific Is not suf
fering , but gnttlng the Midwinter round trip
rates , $ G ? > .f > o , without having to give up the
arbitrary demanded by the Southern Cali
fornia.
ITNDS I'D It Till ! KO.U ) .
North X- South Itnllway Project ( lacked lly
laisli in CapltnllxtH.
WICHITA , Feb. 21.-Eastern capitalists
met representatives of the Gulf & Interstate
railroad today und made a proposition to
furnish funds tn put In tlio llrst sixty miles
of road and take. In return transportation
certificates and Income bonds nt actual cost ,
provided they can havn one-fourth Interest
I ntho towiiRltos along the route. The ex
ecutive committee meet hero tomorrow to
toke action In the mutter nnd to submit a
proposition to tlio Wichita Hoard ot Trade.
l'mIn Attendance.
CHKYBN.S'i : , VVyo. . Feb. 21. Ilocauso ot
the Inolement weather only a few Union
PacilVt employes have urrivnd to attend the
mass luecthiK tomorrow. Neither President
Debs of the American Hallway untun nor the
head clllcem of the other organizations are
yet hero. U U therefore Impimlbln to as
certain tonlKht whAt buslneM will be
brought lietoit tlio meeting. It Is presumed
that the couecMlona the hcada of the varlouH
organizations will bo authorired to make
when they uro nailed to meet thu reoolvcrn
to arrange n new HChedulu will bo the prim
clpul topic 11 discussion. The employes
admit them uro Inconsistencies In the pre-K-
out schedule that ought to be corrected.
A Von Oiinumen from HID Itouil.
JEFFEHSON. O. , Fob 21.--The damage
suit ot Ormun F. Kllia against the Now York ,
Chicago & St. LculB ended thU morning with
a verdict ot JIO.MX ) for the plaintiff. Kills
was an engineer on thu road und In May ,
IBSD , hU engine and two freight our * plunged
through it high trotle over Coon creek. In
w eat urn Pennsylvania , Kills r culvo < I Injuriox
to lil Hplno which made him n cripple tor
lite. Mo ucd far JCO.OOO.
j Made rttrtle * to the Suit
CHICAGO. Fcb , S T'ie ' Funn < r Lean
und Trust company , upon whoso fnrrrloxurc
suit receivers were ujjpolntci rur ti - North
ern Pacific , ( lied an amendment today to
Its bill tn the United States court. The
amendment makes the Baltimore & Ohio
and the Chicago Great Western companies
dcfendnnU on account of the losses under
the contract by which they use part ot the
tracks of the Northern Pacific.
H'K.ITIillff II.tlili HALL ,
Schedule of the Ciunrn Arranged for the
Coming Sciinnn.
DES MQINKS. Feb. 21. The Western Base
Hall association , after adopting a constitu
tion nnd a schedule , has adjourned. The
constitution Is unchanged from that of the
old Illlnols-Iowa league , with the salary
limit nt $ S04. Ono hundred and twenty-six
games arc scheduled , beginning May D and
ending September 23. The eastern clubs
open In the west and vlco versa. Western
club.s are In the cast Decoration day and
eastern clubs In the west July 4. The as
sociation refused to admit any additional
clubs nnd It remains an eight-city or
ganization. The following schedule was
adopted :
At Otnnha Don Molncn Juno 8 , 0 , 10 , .Tilly 0 ,
7 , S , Ail-nut 21 , 23. 2i ! ; St. Joseph Juno 12 , 1.1 ,
H , July . ID , 11 , Hppiemlicr 2 , 3 , t ; Lincoln
Juno 1 , 2. 3 , July 2' ' ) . 21 , 22. H.-nlftiibcr 4 , 5. 6 :
line-It Island May S , Ii , 7 , Juno 2J , 2,1 , 21 ; ljulney
Miiy 1" > . 10 , 17 , ' .July : ! , 1 , 5 , Annum 17. IS , 13 ;
I'eorlii Jlny 12 , 1.1. 11 , June 2H , 27. 23. AiiRtmt 10.
11. 12 ; JncUminvllIe Mny 9. ID , 11 , Juno ? . > . 30 ,
.Tilly I , Aiiftust 11 , 15 , 16. Kliivcn Humluys , eight
nliroail.
At DM Mulnc5-Onialix ; June 19. W , 21 , July
17 , 1R , -Yitpmlcr | ) 7 , S. 9 ; St. Jon Juno 13 , 1C ,
17 , July 20 , 21 , 22 , P " | > tcml > "r 4. G. S ; Lincoln
Juno 12 , 13 , 14. July 23. 24. 23. tieplcmhrr 2. 3 , 3 ;
Iloclt Island Mny 13 , 10. 17. June 211. M , July 1.
August 17. IS , ll ! ; Qulnry Mnv 12 , 13.-H , June 2ti ,
27 , 27 , 25 , AuKiist 14 , 15. 10 ; 1't-orla Mny 0. 10. 11.
July 3 , 4 , 4 , August 20 , 21 , 22 ; Jacksonville Mny
5. n , 7. Juno ! , 13. S4 , Aimust 10 , 11. 12. Nine
Huiiilay , nlnn nlinmil.
At Hi. Joo-Oimilm Juno 4. B. C. July 2:1 : , 21 ,
23 , Annual no , 31. Si-im-tnlier 1 ; Des StnlncK Juno
1. 2 , 3 , July 13 , 14 , 13 , August 27. 23. 23 ; Lincoln
Juno 19 , 211 , 21. July 0 , 7 , 8 , AiiRUi't 21 , 23 , 20 ;
Itoc-U Island May 12. 13. 11. June 20 , 27 , 28. An-
( Hi't H. IS , 10 ; cjulncy Mny ! > . 10. 11. June 22. 23 ,
21 , AtiKiiMt 10 , 11 , 12 ; I'eorlii Mny 5 , C , 7 , June
2. 9 , 3 < J. July 1 , Alls-list 17 , 18 , 19 ; JncUxonvillQ
Mny 15 , lli. 17. July 3. 4. 4 , AugH t 20 , 21 , 22.
Ton Kunilny * honif , tun abrninl.
At l.lnniln Oniulin June 13. 1C , 17. July 13. 14 ,
13. August 27 , 2t , 2'J ; ! ) ( ) Molnp Juno 4. G. 6 ,
July ! i. 10 , 11. AUKUII 3'P. ' 31. Scitoml-or | 1 : St.
Jonrph June S. 9 , 10 , July 17 , 18 , 19. SopU-mbor
7. 8 , ! > : Hwk Itlnnil May 9 , 10 , 11. July 3 , I , 4 ,
AiiKUSt 10 , 11 , 12 ; ljulney May 0. C , 7 , June 29.
3. ) . July 1. August 20 , 21. 2'J ; t'eorln Mny n. 10 ,
17. June 22. 23 , 24 , August 11. 1.1 , IB : Jac-ltKon-
vlllo Mny 12 , 13. II. Juno 20 , 27. 23 , AiiRUiit 17.
13. 19. Ten SunclnyH. nine nbrnail.
At Itiick Inland Omaha May 29 , 30. 50. July
27 , 21 , 29 , Hi'plcmlior 21 , 22 , 2J ; Ivx Molni-H May
IS , IP , 2) , Auuust 7 , 8 , 9. Heptember 10 , 11 ,
12 : St Joe May 23 , 26. S7 , July 31 , Aiisust 1 , 2 ,
Kopleniljcr 10 , 17 , 19 ; Wncnln May 22 , 2.1 , 21 ,
Aunuxt 3 , 4 , n , Heptember 13 , II , 15 : Qulncy
June 1. 2 , 3 , July 9. in. ll. September 2. 3. 4 ;
! > . Soiilpinln-r 1C , IT. 19 : ! > Mollies May 29 , 20 ,
SO , Auiuist 3. I , 5. September 21. ? ' . 21 ; St. .lo
May 22. St. 21. July 27 , 2S. 25 , Hoptemher 13. 14 ,
15 ; Lincoln Mny 23. 20 , 27. July 31 , AUKUKI 12 ;
Hock l.ilaml June 4 , G. 0 , July 20. 21. 22 , Aunust
30 , 31 , yi'pKMillii-r 1 : I'eorln June 19 , 20. 21 , July
( i. 7 , 8. Keplvrnlier 4 , G. 6 ; Jackswiu111" Jum 8. a ,
10 , July 13 , 14. 15. AUeUHl 21 , 23 , 20. Kiev-tin Sun
days , nlniHliinail. .
At IVorln Oinulia May 25. 20 , 27. July 31. All-
Kiist I. 2. September 10 , 11 , 12 ; ! ) < Mnln.-s Mareli
22 , 23 , 24. July 27. 28 , 29 , September 13. 14 , 15 ;
St. Joe May 29. 30 , 31. August 3 , I , 5. September
21. 22 , 23 ; 1-lncoln May 18 , 19 , 20. August 7. 8 , 9 ,
September 10. 17 , 19 ; lloc-h Islniul June 8. 9 , 10 ,
July 13. II , 15. Auuust 27. 23. 29 ; Qulm-y June 11 ,
12 , 13 , July 16. 17 , 18 , Si-ptember 7. 8 , 9 ; Jackson
ville June 1 , 2 , 3 , July M. 10 , II , September 2 , 3.
5. Klrvon Sundays , ntmabroad. .
At Jacksonville Oniuh.i Mny 22 , 23 , 24 , Au-
KU.it a , I , B , September 13. II. 15 ; IJe.i Molnea
May 23. 20. 27. July 31. August 1 , 2 , September
17. 18 , 19 ; St. Jo May IS. I1. ' , 21 , August 7. 8. 9.
Pviitember 10 , 11. 2 ; Lincoln May 2 ! > , 9) ) , SI. July
27. 2S. SO. September 20. 21 , 22 ; Hock Inland June
11. 12 , 13 , July 1C. 17 , IS , September 4. 5. ;
Qulncy June 13. 10. 15 , July 21 , 23 , 20 , August 27 ,
23. 2'J : I'corl.i June 4 , B , 6 , July 20. 21. 23 , Au-
BUtft S" , 31.
Don't Want to right In America.
LONDON , Feb. 21. The Sportsman says
It learns on the authority of a friend of
ono ot the participants , that Jackson and
Corbett have no idea of attempting to settle
their contest in the United States. They do
not care to bo badgered by clubs and authori
ties as was the case In the Mltchell-Corbctt
match. The event is almost certain to bo
settled at the National Sporting club In Lon
don.
, I Jl l/.SK.WU.YTA' .
Venice , the pearl of Italy , as Henri Talno
tn one of his Incomparable letters describes
the "prido of the Adriatic , " Is made the
locale of Henry Quy Carloton's drama , "Tho
Lion's Mouth , " which was produced last
night at Iloyd's by the Wurde-James com
bination. Venice In the sixteenth century !
when the efflorescence of tiio arts and lltera
ture was most pronounced , nnd the artistic
glory of the city was at Its perihelion ,
when the Tory stones , as Ruskln says ,
breathed an atmosphere filled with glorious
achievement , though the inqulsltloji hung
like a pall over the fair municipality that
later became under the doges a monarchy
of the basest sort. In this atmospjiere
Mr. Curlcton has cast his play , "The Lion's
Mouth , " which was Introduced to an Omaha
public last night. Around the story of this
depository for accusations which were acted
upon by the council of the inquisition the
author haa written n wonderfully clever
drama , melodramatic In Its tendency , but a
dracia that cannot by tlm very natuie of
things bo considered an enduring work.
Everything under the brilliant setting given
the play and UH location seems out of the
conventional. Every habit of the eye seems
reversed and ono sees hero with surprise
and delight visions of oriental fancy , graft
ing the full on the empty instead ot the
empty on the full. Men and
women talk in rounded phrase , but the
phrase Is stilted at times and the situations
strained , yet withal the Intellectual thought
Is always uppermost , and ono sits and listens
to the blank verso In which the play Is
written , thankful that there has been ono
man bravo enough to get away from the
accepted school of melodrama , and even
though the vehicle bo not to the liking of
some of these who sit In front. The story ,
und they never vary. Is one of love and
hole , self-abnegation nnd selfishness , with
now and then a comedy side light thrown
full upon those who work out tjie motif of
the drama.
Two actors of uncommonly good reputation
play totally opposite parts , one a manly ,
heroic lover Bworn to avenge his father's
murder , the other the leader of the "lion-
edettl , " n g-oup of lawless men who live by
stealing and other crimes. Mr. Frederick
\Vurdo has a most congenial role in that of
Ulnuldo , an exile , and the righteous heir to
the chair of state. He U plcturcscpjo In his
gurb of prlnco and gondolier , and plays
with cdiiHummuto art , for Wnrdo is cshen-
tlally a melo-drumulic actor , and strong
roles like that of Hlnaldo suit his person
ality. The author has given to Hlnaldo
many royal tinea , some of them destined to
become gems In tlio literary life ot the limes.
Louis James , und there Is no more careful ,
painstaking actor on Uio utage , was n most
acceptable sixteenth century brigand
masquerading under the severe garb of n
holy man. The character Is one suited to
James' strong Individuality and he played
tlu > linking demon under the sacred robes
with fine draimitli ! conception. MBS | Chup-
man made u lately and lovouhlo Llnora ,
while Murcellu , H Mveet Ingenue part , was
acceptably rendered by Miss Fanny Howman.
The play was magnificently staged , the
garden of the doge's palace being u picture
01' stagecraft that one likes to remember
on account of Its effectiveness and the
stately minuet danced under the night orb
high above the horizon , with brilliantly
colored Venetian lamp * about thu grounds ;
uddlng their tuft news to the scone , made a
most charming ensemble.
The company supporting Messrs. Wardo
and JumcB Is In the most part meritorious ,
usalBtlng not a little In the. development of
"Thu Lion's Mouth , " which is u moat am-
bltlouu effort , not only upon the purt'ot the
KUthor , but upon the stars as well.
j.nc.ii , iiitr.rn'iKS.
Woodmen ot the World will give a ball
and supper this evening at their hall In the
Continental block.
I'residcnt Johnson of the Wyoming Slate
university will Iccturo on "The Coming
Society" before the Chautauqua college this
evening In tli Flriit Methodist church.
Wuehlngton'o birthday will bu fittingly ob
served thin evening at tlm Unitarian church ,
.Seventeenth and CUBS fctreetu. Supper will
bo Bervcd by the ladles from U to 8 o'clock ,
followed by music of a patriotic nature.
SiiFnn Johnson , who was charged with har-
borlnic lillcn I'almer for Immoral purposes ,
and for whom a warrant was sworn out
some llino ago , was arrested yesterday.
She hud a irial and her case was continued ,
lira. Clark of the Open Door has taken
MJIU.I Warden and Hllcn rainier In charge
and will .send them both to the MHIorJ Home
for Fallen Women.
WOMEN SDB1H ? THEIR CASE
T > Ii
Susan B , Anthony ( Lfotla an Onslaught of
the Devoted Hosts.
CURTAIN LECTURED TO1 REPRESENTATIVES
! > ml
In i-I ,
Urlc-Kittlon of IVnmlc SiifTniRUtH Walts on
Member * of the ifoniio .ludlclary Com-
mlttro mill I * reach U UK Views
Said.
WASHINGTON , Feb. 21. Twcnty-nvo
latllcs , tlio remainder of the woman auflrago
convention wlitcli ling boon In session In
Washington for a wcok past , appeared before -
fore the Judiciary committee tills morning.
Among these In the party were : Susan 11.
Anthony , Itev. Anna II. Shaw , Uev. Ida Itul-
tln of Illinois , Mrs. Orcenlcat of Now York ,
Mrs. Howard of Georgia , Mrs. Harriet Tay
lor Upton of Ohio , Miss Jeimlo of Ohio , Mrs.
Kctclnitn and Mrs. Slansbury of Colorado
and Mrs. Plcklcr of South Dakota.
Hut four members of the committee re
ceived the delegation Kcpresontntlvos
Goodnight of Kentucky , Urodorlali of Kan
sas , Doatncr of Louisiana and Wolverton of
1'cnnsylvanla. The spocchmaklng was be
gun by Susan IJ. Anthony , who , after a
short talk , Introduced Uev. Anna Shaw , min
ister of the Protestant Episcopal church.
Mrs. Shaw took eloquent exception to the
system which confers xufTragu upon all men
not Idiots. She averred that the male half
of creation had resorted to every device of
dcmagoguy to bar the female half from her
rights.
Uev. C. Hultln of Illinois declared that
men should dignify women by conferring
upon them political rights. Mrs. Virginia
O. Young of South Carolina described the
trials of women under the present system.
Miss Lavlnla Hatch of Massachusetts spoke
of the Injustlcn of taxation without repre
sentation and was followed by Mr. Henry
niaclavcll , u Massachusetts pioneer of the
movement.
I'rof. Jennie Glfford of Buchtol college ,
Akron , O. , urged that all property owners
should have a voice In the government. The
wlfo of Representative Waugh of Indiana
was Introduced by Miss Anthony with the re
mark that since man and wife were one , and
that the one might bo the wife , In this in
stance It could be considered that Mr.
Waugh was speaking.
WIIAI.KHACKK NOT .SUITAIU.K.
Objection * to Captain MrDiiiixiiU'H Vessel
for Naval rnrpnsi" ! .
WASHINGTON , Keb. 21. The naval board
appointed to consider the merits us embryo
warships of Captain Alexander McDougall's
new "whalcback" vessel will probably make
Its report to Secretary Herbert at the end of
the week. There are Indications that the
board will find that as at present constructed
the vessels are hardly adapted to naval uses.
Captain MrDougall's plan for the armament
of the vessels Is to Tiuvtf two guns mounted
below the water line on an Incline so that
they may be run up fnto posl'.lon to lite when
needed. An armored shield will bo placed
over the guns. But this Involves n large ad
dition to the framlnq ; of the vessel an.l an
increase ot weight generally In construction
that would 'make the ships uneconomical for
commercial purposes and oven were these
alterations made the gun would bo so close
to the water line uM to be unserviceable in
any but the smoothest water. In addition It
would bo neccsary to tttrp the whole ship to
point the guns. '
Secretary of the Navy Herbert was before
the house committee'idii-naval affairs yester
day on the naval appropriation bill which
Is rapfaiy nearlng completion. Some mis
apprehension lias arisen in naval circles
over a report that tlie cbinmltteo would urge
the abolition of the "various naval apprentice
stations , but no such.step Is contemplated.
The bill as at present" framed makes no
provisions for now battleships or warships.
With the ships now authorized the United
States will become the seventh naval power
In the world and this height is regarded by
the committee as all the United States
should aspire to at present. The determin
ation against providing for new ships has
narrowed the naval appropriation for con
tinued work for ships already begun and the
routine appropriations. The total of the
bill Is Ntruck and while It is not public the
members say It Is little short of the naval
appropriation of last year. This Is duo
mainly to the great increase for supplies
required for the augmented navy. It neces
sitates an increase of callers and a very
material increase In the Item of coal.
I'AICtT ANIMALS STATISTICS.
Tlippo Are Fmvrr llnrsm In tlio Country
Than Them \\cto n Year Ago.
WASHINGTON , Fob. 21. Figures on the
number and value of farm animals , as well
as compilations made by special agents , arc
included in the report of Statistician Roberts
of the Agricultural department for January
and February. Tlio total number of horses
has decreased 125.GC3 as compared with the
returns of a year ago , although there was an
increase In thirty of the states. The total
number of horses lost January was 1 ( > , OS1,31D.
Prices have declined In all the states and
territories except Rhode Island and Idaho.
The number of mules In the country In Janu
ary was 2,352,231. There was n slight In
crease In the number and value of milch
cows. The number at present Is IC.487,400 ,
as against IC1,087 ) ! ! a year ago and an aver
age vaUo of $ ; 15S,39SGG1 , against $357,200,755.
There was an increase In cattle from 35.-
& .r.4.1'.m. valued at J517.S82.204. last year , to
36,605,100 , valued at ? 53li,759,747. The num
ber and prices of both sheep and swine have
declined. The tutal number of farm animals
last month was 1G1.7S3.453.
It Is stated that in the total number of
these farm animals the average annual rate
of Increase during the decade of 1870-1850
was 1.G7 per cent. In the following decade
It rose to 3.17 per cent , and between 1800 and
1593 there was an average annual decrease
of two-tenths of 1 per cent.
The comparative averages of cotton crops
are given by states as follows : Virginia , 81 ;
North Carolina , ! i5 ; South Carolina , 82 ;
Georgia , i33 ; Florida , 10G ; Alabama. OG ;
Mississippi , 10) ; Louisiana , 90 ; Texas. 84 ;
Arkansas , 04 ; Tennessee , 61 : Missouri , si.
The general average Is ulightly over 92 per
cent. _ _ _ _ _ _ _ _ _ _
" .MAI > U IN OKIUIANY. "
This Slcii mill i\loiislon : or the Kniplm'H
Trillin Dun to Kxpurt Unions.
WASHINGTON , Jfeb. , 21. Consul Mon-
aghan at Chemltz , Goriiuny | , suggests that
American merchants.1.niay llml a valuable
guide when seeking 'for1 ' foreign markets for
their products In the perfect working of the
German export niijfm 'jj These unions , ex
tending all over ( h . -e'inplrc , are societies
organized to encourage colonization and ex
port trade. They establish agencies In for
eign countries for I1it1 ! display of German
manufactures , and' enlist the services of
emlgrantu and QcrmiiV residents In those
countries to push tiq ) , German productions.
In the case of lluliiqva | , the union , since
1587 , spent $23.000 tbr' ' traveling agents , etc.
It has sent out 135.U6Q'printed circulars and
94.000 letters , and In return received 7,000
sample orders , amouit'fig ) ) to $1,071OOU. In
spite of the straliieif relations with Russia
during the past nlnp'months Germany man
aged to beat her last year's record in the
sale In that country of drugs , Iron , ma
chinery , leather , silk and woolen goods by
$11,424,000. The consul tayn that us a re
sult ot the operation ot these unions every
where , oven In England , "Made In Ger
many" Is found on JOO kinds ot articles
offered for sale. ,
Omltti'.l front the I.Ut.
WASHINGTON. Feb. 21. Included In the
list of nominations sent to the senate yester
day was that of .Martin V. Spencer to bo pen
sion agent at Indianapolis , Intl. Owing to
an accidental omission In the transmission
the nomination was not announced with the
other nominations of yesterday.
I'unlmied ! > y tlip I'ri-nlilciit.
WASHINGTON. Feb. 21.-Tho president
1ms pardoned Robert I ) Uolley. cmtvlrteil ot
adultery lit L'tuli and rentenced September 0 ,
1603 , to eighteen months in the penitentiary
Application * for pardon have bt n Hied lu
the following cases : Joseph Parker , con
victed of adultery In Utah ; 1) . M. Lewis ,
convicted In Utah of adultery.
COI.ONNAH AUK I.NTIMUWTr.D.
Tlu-lr I.ltllo Faintly Oimrrrl AnVrU-il by
Supreme Court ( 'use.
WASHINGTON , Feb. 21. H Is said by the
legal authorities about the United States
supreme court , that the status ot the con
tention between Prlnco and Princess Colonna -
onna may bo materially affected by a case
to bo heard before the court soon. The
differences between tlio prince and princess
have recently attracted attention on both
sides ot the Atlantic , and have been In
tensified by the princess' escape with her
children from France to this country.
The case soon to bo heard In the United
States supreme court Is as to the extent
to which the Judgment of n French court
can bo enforced In the United States. The
case Involves n Judgment for about $400,000.
given by the French court against Hilton ,
Hughes & Co. of Now York. The French
Judgment Is being contested on the ground
that the case should have been tried In this
country , where the American defendants
could have received a full and fair Jury hear
ing. It has also been urged that the French
courts give no recognition to the decrees
or Judgments ot American courts , and that
If nn American wants redress In France ,
ho must go to Franco to got It.
Should the supreme court sustain the Judg
ment , It Is said that a precedent will be
established governing the Colon mi case and
other International litigations. Prlnco Colonna -
onna has the decree of a French court favor
able to his custody of the Colonna children ,
but the princess has removed the children
from the Jurisdiction of the French court.
If , however , the precedent Is established that
foreign decrees can bo certified to the courts
of this country and then enforced , It would
permit the French decree as to the Colonna
petition to bo given effect In this country.
It Is said that this Is only one of a number
of cases Involving International domestic
entanglements which would be affected by a
ruling favorable to enforcing the Judgment
and decrees of foreign courts.
HKVISKI ) I'HNSION KtJI.INC.S.
Ccrtllleiito to Ma Kxhlhlted lit the f.xc-rutlim
of Kuril Voucher.
WASHINGTON , Feb. 20. General Instruc
tions concerning enfoicement of revised suits
for executing pension vouchers have been
sent to the various pension agents. The
most Important changes are embraced in the
following provisions :
1. The certificate must bo exhibited to the
magistrate at the execution of each voucher.
This shall bo the flrst evidence of a pen
sioner's Identity , When the certificate can
not bo exhibited to the magistrate , the
voucher may only bo executed on the exhibi
tion of a. permit properly issued by the com
missioner of pensions.
2. Permits to execute vouchers In the ab
sence ot certificates may be Issued by the
commissioner by application of the pensioner ,
who should bo under oath nnd fully state to
the satisfaction of the commissioner the facts
connected with his or her inability to exhibit
the certificate.
When the pensioner signs the voucher the
certificate of the ofllcer before whom the
voucher Is executed , or In whoso presence It
Is signed , shall be sufllclcnt attest , but when
they sign by mark the voucher must bo at
tested by the signatures ot two witnesses In
their proper handwriting. Hut In every case
tlic signature of pensioner to each receipt
attached to the voucher must be attested by
at least one witness in proper handwriting.
It shall be competent for the officer before
whom the voucher Is executed to attest the
signature of the pensioner to execute. When
payment Is made to the pensioner in person
neither the pension agent nor any clerk em
ployed by him shall appear as a witness on
either the voucher or the duplicate.
API'MKS ONLY TO CONSTRUCTION.
Killing of Sec-rotary Smith on lllght of Way
Over 1'uullu I.mills.
WASHINGTON , Feb. 21. Secretary Smith
has approved the draft of a circular which
will BOOH bo issued governing applications
for right of way over public lands for canals ,
ditches and reservoirs. The right Is held to
extend only to construction and no public
timber or material will bo allowed to betaken
taken or used for repair or Improvement.
The department ruling on March 21 , 1892 ,
holding that naural lakes , already sources of
water supply , shall not bo used for reser
voir purposes nor rivers bo damaged seas
as to overflow into adjacent country , is over
ruled. Maps filed must be drawn on tracing
linen in duplicate and must conform strictly
to the Held notes of the survey , which must
also bo filed. The scale of maps Is required
to bo 2,000 feet to an Inch for canals or
ditches and 1,000 feet for reservoirs. The
circular provides for filing of maps partly or
wholly over unsurveyod lands , but approval
of these Is limited to the portion traversing
survey lands. All persons settling on public
lands to which right of way has attached
for n canal , ditch or reservoir are required
to take them .subject to this rlgnt.
TOOK HIS 01,1) I'l.ACIC.
Senator Mrl'hemon llrRiunoH 11)5 ) Dulles on
the Seimtu I-'lininun Committee.
WASHINGTON , Feb. 21. Senator Mills Is
no longer acting as a member of the senate
committee on finance , and Senator McPher-
EOII has resumed his place as n member of
the committee. The report of this change
was noised about the capltol soon after the
sonata met today and was confirmed by Sen
ator Mills , who , In reply to a question con
cerning the correctness of the report , said :
"Mr. McPherson has been 'a member of the
committee all the time and 1 have never boon
u member of It. I simply went on tem
porarily to represent him while he was sick
and absent. Now ho 1ms come back and
taken his place. "
It Is not known yet whether the change
In the committee will have any effect In
shaping the tariff bill or delaying or hasten *
Ing its presentation to the committee , but It
Is not believed that It will cause delay , what
ever the effect may bo on the character ot
the bill. It Is the opinion that the report
will be made Tuesday.
UY LIMITATIONS ,
I'litcntB on ICetolvera , llntury iHiglneH anil
Other Important , Iiuentlotis I.upse.
WASHINGTON , Feb. 20. Patents on n
largo number of inventions expired by limi
tation today. Among the more Important
were the- following :
Hreech-loadlng firearms , C. Futebrook ,
Iloston ; overstltch Bowing machines , W. A.
Palnmter , Johnstown , N. Y. , assignee to
himself and J. S. Sawyer , same place ;
mowers , S. M. Slone , New Philadelphia , 0. ,
assignor of two-thirds right to English &
IJKon , same place ; rotary engines , I. S.
Knapp , Danbury , Conn. ; sowing machines. E.
II. Smith. New York ; rotary engines. Lulgl
d'Aurlu , Italy : threshing machines , John II.
Mlllnrd , St. Paul , Minn. ; speed end distance
Indicators , G. M. Jesser. Portland , Ore. ; ele
vators , Slgmund I.evl , Cincinnati , O. ; and
revolving firearms , Daniel II. Wesson and
JumcH U. Ilullard. Springfield. Mass.
While. ' * Sueeesnor In I ho Senate.
WASHINGTON , Fob. 21. Senator White's
retirement from the Benato will make necessary
membership of several
sary a change In the
committees. The democratic committee 1ms
found some difficulty In the rearrangement
of the commllteeM canned by the retirement
of Senator Walthall and the election of Mr.
Mcl.uurln and , notwithstanding the fact that
Mr. McUaurln has now been In the senate for
moro than a week he has not been assigned
to any committee. This Is duo to the fact
that theru U more than one aspirant for the
chairmanship of the committee un military
affairs , made vacant by Senator Waltlmll'H
retirement. _ _
WcMtern reunions.
WASHINGTON. Feb. 21. ( Special to The
Hey. ) Pensions grunted , Issue of February 'J ,
wore :
Nebraska : Additional Leopold Polzel ,
Dickens. Lincoln. Reissue Samuul Kiigy ,
Max. Dundy. Original widows , etc. Nellie
Hutchison. Omaha , Douglas : Amanda Helms ,
Greenwood , Cans.
Iowa Additional John IJ. McDonnell ,
C'lnton ' , Clinton. Reissue Wlllmm M
Webster City , Hamilton , John IS.
Nelson , Morton's Mills , Montgomery ;
Daniel Smith , Clayton , Clayton ; Jacob Law
rence ( deceased ) , Union , Hardln. Original
widows , etc. Mary A. Miller , Iubu ) < | uo ;
minor of James M. Knight , Ilrnsh Creek ,
Fayollo ; Mary Muller , Davenport , Scott ;
Ilattle A. Kane , Muicatlne , Muncatlno ;
George Kpperly ( father ) . Letts , Louisa ; Uvn
A. Grlinth , DBS Mollies , Polk. Reissue-
Mary Hrady , Hast Des Mollies , Polk. Mex
ican war survivors : Increase Albert S. Me-
Klnlcy , Clinton , Clinton.
South Dakota : Original Samuel II. HI-
ton , llrldgewator , McCook.
Wyoming : Reissue Isom llrnnlmm , Cas
per , Natroim. _ _ _ _ _ _ _ _ _ _
Itinuinli for lleaculni ; ,
WASHINGTON , Feb. 20. A bill was re
ported to the senate for the relief of the de
pendent relatives ot the seamen ot the
Netherlands steamer Amsterdam who lost
their lives In the effort to save the crow of
the American schooner Magglo B. Wells and
for the relief of the olc survivor of the res
cuing party.
Treasury Tilth llalance.
WASHINGTON. Feb. 21. The available
cnsh balance In the trr.ifttiry today Is $138-
098,215 ; national bank notes received for
redemption , $27GOI ( ! ) . Government receipts :
Internal revenue , $159,620 ; customs , $ IC3-
&S5 ; miscellaneous , $358MS.
.Iiidge l.ong'n Pension.
WASHINGTON , Feb. 21. The arguments
In the pension case of Judge Long of Michi
gan against Commissioner of Pensions Loch-
rcn were concluded yesterday In the equity
court. The Judge reserved his decision.
I'lrxt Shipment of the New lloiiiM.
WASHINGTON , Feb. 21. Thu flrst ship-
mciit of the now 1591 bonds was made yes
terday and consisted exclusively of $1,000
coupons. The consignment was shipped to
New York.
. .I.S/f Kit A .IM.V/J.I.l
Omaha Sehonl l.ovy Quest Ion lleforo th i
State Supreme Court.
LINCOLN , Fob. 21. Clinton Powell , n
member of the Omaha school board , arrived
In the city yesterday and with his attorney ,
James I ) , Mclklc , petitioned the supreme
court for a writ ot mandamus requiring the
city council of Omaha to make n levy of 3V6
mills on the dollar , as requested by the
Hoard of Education , or on failure so to do , to
show cause to the court by March 5 why'tho
same has not been done. The petition was
presented to Chief Justice Norval , who Is
sued an alternative writ of mandamus , re
turnable March 5. The petition Is on behalf
of the school board and represents that the
fifteen members thereof on the 22d day ot
January recommended a levy sufllclcnt to
raise $70,000 , which , on a valuation of $20-
000,000 , would require a levy of 3H ; mills.
Tlio amount was deemed necessary by the
board for the support of the schools for the
fiscal year of 1894-5 , and the board reported
the estimate and recommendation to the
mayor and city council and requested that
the levy bo made. The council made the an
nual levy February G , but refused to make
the levy required to raise the sum of $70,000.
The council refuses and the board takes this
means of accomplishing Its ends.
Yesterday the court met pursuant to ad
journment and transacted the following
business :
RlttcnhOHso against Ulgelow , nf.icarlng
allowed ; Stanwood against Omaha , rehearing
allowed ; Swanson against Omaha , rehearing
allowed ; Union Stock yards against Larson ,
rehearing denied ; Union Stock yards against
Conoyor , rehearing allowed , and argument
allowed as to Uio sufllclency of the evidence
to sustain the verdict ; Doane against State
ex rel llarry. cause advanced , set for hearing
April 3 ; State against Commercial and Savlngi
bank , leave to file amended answer.
The following causes were continued :
Ehrllck against State , Whltcnur against
State.
The following causes were argued and sub
mitted : State ex rel Ewlng against
Dartley , Shrooder against State ex rol Fil
bert , McClelland against Scroggln on motion ,
Western Union Telegraph company against
Fremont , Hammond against State on motion ,
Omaha Brewing association against Wuet-
rlcli on motion.
Opinions in the following cases from
Douglas county were handed down :
Bank of Commerce against Goos. Error
from Douglas county. Reversed. Opinion
by Mr. Commissioner Ryan.
The damages recoverable for the re
fusal of a bank to pay a check drawn upon
It by one who has funds with the bank
wherewith to make such payment , should not
exceed such amount as reasonably and fairly
In the natural course of things would result
from such refusal.
2. General damages are such as the jury
may give when the judge cannot point out
any measure by which they are to bo ascer
tained except the opinion and judgment of n
reasonable man. Special damages are such
as by competent evidence are directly traceable -
able to defendant's failure to discharge his
contract obligations , or such duties as uro
Imposed upon him by law.
3. When a party litigant has by an evasion
of the'adverse ruling of the court intention
ally and willfully Introduced evidence of
facts Improper for consideration by tlio Jury ,
It must be presumed that such Improper
evidence has had a prejudicial effect , and the
verdict should accordingly bo set aside.
Uurlinglm against Warner. Appeal from
Douglas county. Afllrmed. Opinion by Mr.
Commissioner Irvine.
In coses tried to the court without a Jury
the finding on questions of fact is entitled
to the same weight and the same presump
tion of correctness us a verdict of a Jury.
The rule Is the same whether the case is
brought to this court on error or appeal , and
applies to all classes of actions.
2. Where the owner of land completes
negotiations for the Halo thereof and the
vcndeo takes possession without the consent
of the owner uml commences the erection of
a building , but fails to make tlm payment of
the purchase money , which by the terms of
the sale was to bo made upon the delivery
ot the conveyance , and the vendor refuses
to make n conveyance or complete the con
tract without such payment , no agreement
In writing having been executed , the vendor
Is not charged with liens for labor and
material used In constructing the building.
3. The vendor , in such u case , when ho
learned that the building was in progress ,
warned those engaged In Its erection that
they were trespassers and that the person
with whom tlioy had contracted had no rights
In the property , but uubtioqueiitly visited
the premises and complained of the manner
in which fcome of the work was being per
formed. The circumstances did not justify
an Inference that the mechanics had relied
upon his later acts or undertaken or contin
ued their work on the faith thereof. Held :
That lie was not thereby estopped from n.s-
ocrtlng his title us against the mecliHiilc'b
liens.
4. A loan and trust company hud con
tracted to lend the vendee monty secured
by mortgage upon the premises. The mort
gage had been delivered and by the trust
company recorded , but no money advanced.
The agreement was that the money should
not be advanced until the vendee procured
tltlo and had expended n ccttaln sum in
constructing the building : ! , and that the
vendee should lurnlxh the trust company n
bond conditioned that tlm hulldlligH should
cost a stipulated num. The vendor refiiKcd
to convey because of the vendee's failure
to pay the purchase money , und the vendee
did not furnish to the tntbt eomiiany Kiich
u bond us Its agreement required. The
trust company then uxpculcil ruleasoa of
HH mortgage. Held : That person * claiming
liens growing out of the construction of the
buildings had no equity by which they
could roqutru 11 conveyance to bo made , the
ruleascs of the murtKUgn canei-llcd and the
moiipy advanced therein uud applied tu the
payment of their claims.
Omaha Street Railway company against
Women full of Pains
Aches and weakness ,
find in CtTiri'RA ASTI-
AIN J'MMUK instant
I and gratclul relief. In
U.Nh MiNL'ih it relieves
aching ide $ and back ,
liiji , l.ulney am ) uterine
pains , Mrains and weak
nesses , rheumatic , sci
atic , tlutp and nervous
pains , coughs , coliis anil chest pains. Odor
ous with balsam , siilce and pine , it is the
sweetest , sure t , talent and lie t [ Blaster.
Price : afc-i five , $ t oo. At alldiugjisn or by
miil. i'unbx time AJP C'HEU. four , l
Klkln * . Krror from Douglas county. Re
versed and remanded. Opinion by Irvine , C.
Whcro n wltnosa Is shown to bo absent
from the state , his testimony Riven at n
former trial of the cnuso Is admissible In
evidence. It otherwise unobjectionable.
Rugaii , C. , dlmentlng.
Hongland ngaltst Lowe. Appeal from
Douglas county. Afllrmed. Opinion by Mr.
Jnstlep Harrison.
Where u parly Bells real eslato and takes
a mortgage for part of the purchase price
nnd postpones the lion ot the mortgage to
that ot another mortgage given to obtain n
loan , at the request of the purchaser. In con
sideration ot his promise to use the money
derived from the loan In making Improve
ments on the premises , such promise being
Included nnd expressed In the purchasu
money mortgage ; held , that this did not
constitute the mortgagor the agent of the
mortgagee. In making the eo-itract for tlm
erection of the building , that there was m
privily of contract between mortgagee and
the laborers on or furnishers of material for
the building and that mortgagee was not n
promoter of the buildlnu nehemo or opera
tions , and that the mortgage lien would not
bo subordinated to the liens for labor done
and material furnished , the eommenroment
ot such labor nnd furnishing material belli ) ;
iiihscqucnt to the recording of the mortgage.
2. A person commouclng to furnish ma
terial for or commencing to labor on an
Improvement on real estate , must at the
time take notice ot the Interest and tltlo
In the premises ot the person with whom
he contracted , as shown by public record ,
us his lien for labor or material , aside from
the Improvement Itself , attaches only tn
such Interest. Henry & Coatsworth com
pany against Iloml. 55 N. W. Rep. , til3.
3. Where n party receiving a mortgage
for part of the purchase price of real
estate takes It subject to n mortgage given
for n loan , the consideration for making
the mortgage subject to the loan mortgage
being the promise on the part of the mort
gage ! to USD the loan so obtained for put
ting Improvements on the premises , and the
mortgager pays the mortgagee a portion ot
the loan money on the purchase price OH
a cash payment. It being shown that the
mortgageo had no knowledge that this wan
done , the mere fact of receiving such money
will not entitle tiio mechanic's lien holders
who commenced to perform work and
furnish material for the buildings erected
on the premises subsequent to the time ot
recording the purchase money mortgage ,
In a suit for foreclosure of the mortgage
and the llona , to a decree giving the liens
priority over the mortgage , or to have thu
said mortgage Hen postponed or made sub
ordinate to the moclmnlc'u Hens In the
amount of the sum so paid to the mortgagee.
4. Where a parly purchaser of real estate
gives a mortgage to the vendor of such real
estate , to secure the balance of purchuso
price unpaid , and such mortgagee in con
sideration of Improvements being made and
buildings erected on said real estate , allows
said mortgage to become subsequent In
priority to mortgages made to secure a loan
for the purpose of erecting such Improve
ments , said mortgage thereby made subse
quent containing a claune whereby the
mortgagor agrees to use all money procured
by sucli loan mortgages In the erection of
such buildings and falls to do so , held , that
the lien of tlio mortgages of said vendor shall
not bo subordinated to the liens of the
mechanics and material mon who com
menced to perform labor and furnish mater
ial subsequent to the recording of said
moitgage.
! > . A mortgage on real property In this
state does not convoy any tltlo or vest any
estate either before or after conditions
broken , but merely creates a Hen upon the
mortgaged property , and the mortgagees
Interest in the property mortgaged Is not such
nn interest ns constitutes him an owner
within the meaning of the mechanic's Hen
law , und as a general rule his mortgage lieu
will not bo subordinated to mechanic' ! ) liens
predicated upon claims for labor and material ,
tlio performance and furnishing of which
were- commenced on a date .subsequent . to
the record of the mortgage pursuant to a
contract with the mortgagor.
Midi Old Tlme.M.
The unprecedented run on the dry goods
stores , especially that of the Morse Dry
Goods company , reminds old residents of the
year ,88. The Morse's have a very good
drawing card In their bankrupt stock of J.
H. Walker & Co.'s of Chicago , and 'though
the crowds surge In and out they generally
get what they want , and uro well pleased
with what they get.
of. cod-liver
oil its use
was limited
to casing
those far
advanced in consumption.
Science soon discovered in
it the prevention and cure of
consumption.
of cod-liver oil with Hypo-
phosphites of lime and soda
lias rendered the oil more
effective , easy of digestion
and pleasant to the taste.
Prepared by Srott ' noirnn , N. Y. AIM'ntcHt * ,
AMUSEMENTS-
SPECIAL HOLIDAY MAT.
A Y.
Wniliinulay. ThuriidnyWflh 909.
Sntiminy'rcUt
Frlilny. ,
M.ltlnucB Tuurtlay and Saturday
Frnilnrlolt Louis
WABDE. JAMES.
In four Sumptuous Seenle I'roilnotlonn.
Wednesday Nlcht. f\\n \ I Inn'o ' Millllll
Thurnilny Matlnuo , J" \ ° Llu'l ' & IttUlllU.
tiulurduy ThnrKdiiy Mailauo NUht , , Francesca da Rimini
l-'rldny Nlijlit. Othello. -
J lillS
-
.
Saturday Nlelit. i.
I'rlri-s inlBhtBiH.'icv fide. 7 < ic. f 1.01) ) iinU f 1 51) ) .
Miiuneo * ML ; 7Si ; and 41.01) .
BQYD'S
Ivi v. Fobnuu-y
MATINEE WEDNESDAY.
The Sublime Naval fpcutuclo
Uupletu Wllb Ituiilhlio BulcmlorJ.
A vlvlil story of llfo In Iho U. S. Navy ,
lllii lrule < ! \vlin a itcunlo Investiture of
tru-it inatfiillleunei ! , ami Inturprotud by u
eon.Ii.iny of H.i | urlur nmrll.
Huln at M-uts opens Saturday at the usual
prli'ea.
I5fh
IIIIS iVIMI.Il.NUUN AMI TOMdllT
'Jllft IIKt tiVtlVKfHi ,
"EIGHT BELLS. "
Introducing ilio worldt.iinutid I1IIO-1 IIYUNK
liv-i-yililiitf new. A now liiliti-t full ( if HUrtllm
-i-liiinill ! c-IToctB. Mailuccu TolJAV mid Stl :
Mi'moe ' prif < Any wet In ttia > iomv 23 ccnii ,
I5f h Stf eet Theater I Wi .
1'iiiir Mulus. I'oiiiinuncins ;
SUNDAY MATINEE , FEBRUARY 25.
Ituturnof the M eot Ta-IU-lU
And Her New Onward AUiunouin tipvolivlly
Ooiiumiy. :
MtTIMSKVBUNK5BAY
No fru' tut duriDfr thii