TUB OMAHA DAILY BBI& TUKSDAY , APRIL ] < ) , 1891.
killed nnil the men who were not killed be-
Kan Itntiiccllatcly nftt > r Hip roof fell \Vllllam
C'rovvley rcnmlncd In the ruins nllvo for sov-
crnl hours nnd his comrades put forth tre
mendous cffortn to nave him. There was
flro nil around him nnd the upot where ho
was pinned down wast kept Hooded. The
firemen got near enough to him to speak and
find him conscious
were a Rrcat deal surprised to
scious nnd ahlo to talk. Ho naked his res
cuers to be careful nnd not drown him with
the Btrcnnis. Ho said them was a dead nmn
near him , but ho did not know who It wai.
After that Rrowloy's voice could not bo beard
for some llttlo time nnd It was fcarel that ho
had died , but ho wai milnetiucntly able to
mnko himself heard HRaln. Ho eald
that the body near him was
that of n man who bail been
drowned. Some Iron rods were pinioning
Crowlcy down and the firemen could not
slop throw InK water on the burning ruins
nbovo him for fear that the unfortunate
man would bn burned to death. An engine
wat put to work draw Ins water from a
point directly under Crowlcy In the hope
tint ho would bo kept alive. At noon the
an fill alternative ) wns considered of cutting
off Crowley's ICRS to release him , nnd It Is
mid the poor fellow requested this to bo
done. There was ten feet of biiriilni ; debris
nbout him. At 12 0" > Fireman Crowlcy was
released from the rulim nnd taken to the
IJrncrKonry hospital Ho Is badly hurt and
may die. Ho had boon Imprisoned for
seven hours. _
1'ANiu IN A riiimrii SCHOOL.
Onn Hey Killed nntl 11 Hiorn of Clillilrrn
Injured 1 liN Vlorliinn.
CIIICAQO , April 0 A panic occurred In
the Humboldt public school this morning
and In the mad rush of the children to es
cape one boy was killed and over a score
were crushed nnd trampled. Fourteen
children lie In the St. Elizabeth hospital
under the care of physicians , while many
others were carried to their homes by the
police.
The children were preparing to leave for a
recess when a loud explosion startled every
teacher and pupil In the school. A steam
plpo had burst In one of the rooms and a
moment later the children were rushing
poll moll through the halls and down the
slalrs , shrieking with fear.
They went down by doyens nnd were
trampled beneath hurrjlng feet until the
stalrfa were covered with unconscious bodies.
When the shrieking children fled out Into
the street ROIIIO ono turned In an alarm of
lire , and In a few minutes the flre and po
lice departments vvcro on the scene. The
firemen soon removed fifteen children , who
were hurried to St llll/abeth'a hospital
On the way ono boy died. He was Davis
Ounsteln , 701 ! Dana avenue.
The list of killed nnd Injured Is Daniel
Gunstoln , 10 years , killed. Fatally Injured
Andrew Anderson , C/ years ; Benjamin Har
ris , 7 years , Theodore Ullson , 10 years ,
seriously hurt , Clara Peterson , Delia Schu
bert , Martha Gibson , William Hartholdln
Joseph Signal , Martha Hlllson , Ilolmer
Strumberg , Samuel Graham , Clara AVurner ,
Fred Koscnbamn , Mamie Lyadella , Ida Wil
son , Albert Ilerry , Mrs. Josephine Corbett ,
teacher.
In addition to those , others were slightly
injured. None of thiso In the list of seri
ously hurt will dlo.
Tim Spring IliUHllutp.
LONDON , April 9 The Nottingham
pprini : handicap stakes of 1,000 for 3-year-
oldB nnd upwards , stinlsht mile , was won
'iy ' Daniel Cooper'b Jmenlle , 5 jcais , A. D.
focluan'H KRGiton , 1 > o.us , second , and
oh J. Hlumlvll Muy'a M.ieieiulj , G years ,
third.
NUMBER 5.
CENTURY
Ar - KSp
Soml or lirliu rotnt coupons .indtrn routs
Itieoln to thlH olllco mil it'ei'ho II " Cith p rt
of thin Htimiu worU llin Htorj of tlioV.u
( old u.v the leading ( jenervla on Ijolli hUUis
A i it : > .
SERIES PJO. 7.
DICTIONARY.
1) Ilirt mnibci of tlm book -
Intr with the heilca iinnibi r of lliu coupons
IMOHCIllCll , Will 1)3 llollVOl jj
N13 Sund.iv and Tluos Wouk-il ly
coupons , vv Itli r cuntin oln ,
will buy ono part of The
Aiiiotluiii llnoyi'lopnllj
Dlo-
tlomiry. Smul orbfinj to 'lao
Uco Ofllee.
M'lil should bo aJilrosso'i to
DICTIONARY DEPARTMENT
SERIES ! ,
April 1O , 1S94.
0 Coupons with 25 cents ,
on
If sent by m.ill with 30 cents In coin
( no stailips uccuptoil ) Ho sura to stuto
the number of the work ilosiro.l. Send
only once In \\oeln , us books uro pub
lislied only that often.
Aildicss
.MunitH'tiil lifimrl mcuH. ! I
Ofim/m 7/ot' . I 1
APRIL 10 , 1894.
Art Portfolio.
Number Couon ,
No
Fill In all the numbers you
desire and living or mull to Art
Portfolio Dcpnrtineiit Omaha
Ho.euclo.sliiK six of these COIN
pens with 10 cents for each part
desired. .
HAS VERY LARGE AUTHORITY
Facto Abou : the Now Oflico Connected with
Union Pacific Affairs.
POWERS OF MASTER IN CHANCERY CORNISH
All tlin KimlncN * 111 Connection ulth the
MiiiiHKuniriit of tliu Union I'liclllu Syn-
tcin \\lll PHHH lliioiiKli I'll '
Hands for Inspection.
Judge William D. Cornish of St. Paul , the
newly appointed master In chancery for the
.Union I'aclflc system , arrhed In Omaha
> eaterday and was ono of the early
callcis at Union I'aclllc headquarters. Judge
CoinlHh , who occupied the bench of the
rccond Judicial district of Minnesota for two
jcars , but who waa caught In the political
landslide of No\ ember , 1392 , Is a handsome
man of GO or 55 , with flowing sideburns ,
rapidly changing 16 gray. Ho docs not look
unlike the latu 1'rpeldent Aithur , particularly
In the manner of wearing his whiskers ,
which show great c.iro nnd attention on the
pirt of their owner. Ho Is easily npproach-
able and has aolce of singular charm.
Ho will establish the master's court In
the federal building , the circuit Judge's
room having been assigned to him for this
purpose. The Judge will also have quarters
In the Union Pacific building , where his
corps of accountants will bo located , In ad
dition to having a private cfnce of his own In
the building.
There has been some doubt as to just how
far the master's Jurisdiction would extend ,
but to a repie'sentatlve of The leo ) Judge
Cornish stated that the order mada by Judge
S.inborn was thoroughly explicit and of a
general chai.icter , making him responsible
for the entire direction of the trust estate.
VAST AND VAUIED.
"All matters , " said the master , "relative to
the management of thu trust will pass
through my hands nnd will require critical
examination on the part of the accountants
connected with the new ofllco created by
Judges Caldwell nnd Sanborn So vast Is
the propei ty and &o varied are the Interests
that both Judges Caldwell and Sanborn de
sk td homo ono \vl.o would boll down the
details that they might the bettor undei-
stand the whole situation. It will bo the
business of the master to examine Into all
the details of the system , Inspect the
monthly reports of the receivers , and , after
critical examination , fllo the same with
the clerk of the circuit court. In the case
of the Quit company as to the interest due
that company fiom October 13 to December
IS , when the road passed Into the hands of
Receiver Trumbiill , the whole question will
come up before mo In chambers Just as
BOOH as I can get the olllce in running order
and after going over the books of the com-
pinlcs I will recommend my findings to the
court.
"It Is the deslro of the couit to know ex
actly as to the" management of the trust
estate that It maj be operated for the best
Interests of all concerned. I come to
Omaha entirely unprejudiced as to any of
the Interests and will endeavor to maintain
a - friendly neutrality as to all questions
which may arise lequirlng the master's
opinion.
"Whilo the work of a special master Is
thoroughly well Known , the general clmr-
aclcr Of the order made by Judge Sanborn
would seem to enlarge the Held of the
master more than has been usual heretofore ,
clothing the master with larger powers
and making him practically responsible for
the management of the property for the
court. My jinlsdiction extends over the
Eighth United Stales circuit , and under the
order I am to hold inquiries wherever nec
essary for the best Interests of all con
cerned "
Speaking of the Gulf case. Judge Cornish
stated that fiom the little he knew of the
situation ho was of the opinion th-U the
road made a mistake when it broke away
from the parent company , but as to further
segregation of the system he was silent ,
except to say that them wcreng _ surface In-
- " "
"TTnnrmrxrxixLv IN DEGRCU.
When asked about the opinions of Judges
Jenkins ind Caldwell on the wage questions
and their seeming antagonism An Cornish
btatcd that botli Judges Deemed to look at
the law from thq same standpoint , but that
the conditions presented to the two circuit
Judges were radically different. In the
Northc-n Pacific case Judge Jenkins was
met by a positive declaration If wages were
ieduced strike would follow which would
cripple the road very materially , in the
Union Pacific case he hinted an entirely
dluerent condition of affair.- existed , the
men disavowing any Intention to strike but
demanding that they bo heard , which was
gianted them. "
"When
you tome to an-
nly/e the two opinions , " said Judge Cornish
"and taking into cousideiatlon the con
ditions which brought them about , you will
not find as " much difference ab Is genet ally
supposed
The master's office In the headquarters
will probably bo located on the second floor ,
near the law library , and so Important Is
the chuactor of the work to bo pciformed
that It will undoubtedly necessitate the em-
plojment of several e.xpeit accountants In
addition to a regular cilice force.
Silt. CIA11K S.V\S > 0.
Duilts Iti'jM > rt lli.it 1I Will Kcslgn an
I.iilim ruclllu ltt i > l\ur.
Humors that President S. II. II. ClaiK
will resign the receivership of the Union
I'arlOa were heard In railway circles yesterday
morning , but the opinions expressed were
so vailed In character that anything llko a
correct \aluitlon ; of those rumoro could not
bu had.
Whether Mr Gould would bo willing to al
low Mt Clark to resign Is also a subject of
much contioversy , for the reason that he
could not unload 111.- , Mock In the company
except at great los > .s at this time , and this he
would not likely do , although it id Known ho
would HKo Mr Chirk to assume the picsl-
deucy of the Mlssouil I'aclllc , but not In
the present chaotic condition of affairs on
the Union I'aclllc Mi C'laik will leave
bt Louis this week for Cambildgcboro , Pu. ,
where he expects to legiln lost health
Sonic of Ills near friends In Omaha think
that Mr. Clark will nut resign until aftai
the expiration of his vacation , while others
bcllovo he will bend his loslgnatlon to the
Oil colors when they meet In annual ses
sion , the last Wednesday In this month
Nothing definite Is known as to Mr. Clark's
movements bojond the fact that ho would
llko to bo relieved ofithe care and worry
Incident to the position of president and re
ceiver of nearly 10,000 miles of rallvva > sys
tems.
bT. LOUIS , April 9 President nnd lie-
celver S. II. II Clark of the I'nlon Pacific
lallway , who Is In the city , was today shown
a dispatch fiom Omaha stating that lie would
soon lo.xlfiii all connection with thu toad and
return tu the Mlssoml I'aclllc ujstcin , prln-
clpally because of disagreement with the
other receivers on wages , ami other questions
Afior leading It ho denied positively that
there etlsts any dlsigreomont or that ho la
about to resign He leaves for the east In n
few da > 3 and will retain when his health
permits.
MI i.i , n AVI : TO UAI.K.
I'lilim I'lH'Illi' ' Uill Not 1'imiUh rr.insjiiirlii-
tlnn I | > < " < immiiiiu alrrs.
So far as thu Union Pacific Is concerned
that company v.lll not furnish transportation
for the Industrial army , 1,260 strong , now
corralod on the pioporty of the Southern
Pacific railway nt Osden Superintendent
llanciofl of the Wyoming division has been
advised to protect the liiteients of the
Union Pnclllo company and not allow the
arm ) ot the Commonweal tu coma east un
less the employed era able to pay their
transportation across the country from
Ogdcn.
Siindty night the "eomnionwvalera" were ,
unlo.tdoJ from box cars nnd are now hommned
In by United Stale * troops under command of
Lieutenant Lasaltor. What disposition
jylll bo made of the army of unemployed ,
who were tdilpped out or California , la still
an unsettled question.
Regarding the disposition of the company
toward thi > Coxey army recruits , a Union
Pacific official said : "Tho Union Pa
cific will not recede from the posi
tion taken by Superintendent Hancrott
unless the army can pay Hit faro on our
line. Wo don't bcllcvo In moving largo
bodies of men across the country In the
face of opposition from localities having
enough unemployed of their own to take
cnro of. Many communities between
Oftden and Omaha nro already burdened with
hundreds of Idle men , which they feel In
duty bound to protect. To move this largo
body from Ogden to the rlvar would mean
additional hardship on Omaha cltl/cns pend
ing their further disposition cast of the
river.
"The telegram In The Hce yesterday
errs In the name of the Judga granting the
Injunction restraining the Southern Pacific
from unloading the unemployed In the ter
ritory ot Utah. The restraining order was
Issued from the territorial court presided
over by Judges Miner and Mcrrltt , Judge
Illner of the district court of Wjomlng
not 1m Ing anything to do with the Injunc
tion. The misfortune of It all Is that the
restraining order came too late to bo of any
purpose , as the Southern Pacific tiaiu hav
ing the army on board had beached Ogdcn
some llttlo tlmo before "
'I liu Hutu of
The rain of Sunday was pretty general
throughout the state , the oHlclals of the dif
ferent railroads being In a particularly
happy mood yesterday over the benefit
It would do the country. On the Missouri
Pacific the fall extended as far south as
Clifton , Kan. Supeilntendent Calvert ot the
Burlington telegraphed General Manager
Holdrege that a good , generous rain had
fallen on the northern division In a num
ber of places , while It was heavy on the
southern division. Ilaln was generally heavy
east of Strang and Chester' whllo west of
these points It was generally light. .It was
pretty general on the western division east
of Oxford and Holdrege , and heaviest In the
vicinity of lied Cloud , IJluo Hill and across
the country touching the main line. Light
rains fell west of Oxford and Holdrege , the
Wyoming division being treated to light rains
east of Alliance. West of this point snow
fell. The Union Pacific also reported gen
eral rains along the river and extending as
far west as Lexington and Grand Island.
To ISoorRiinlzo tlioISorthrrn 1'iic.lllr.
NHW YOIIK. April 3. President Ives ot
the Noi them Pacific Invites the holders of
nil Issues ot bonds ot that company , In
cluding holders of branch line bonds , to
Hcnd their mimes and addresses and testate
state the amount ot their holdings of the-
securities to the olllcers ot the Northern
Pacific Unllroad company In this city. Mr
Ives stale's that by complying with this
request the security holders will not com
mit themselves to any line of nctlon , but
will enable the olllcers and dlioctots ot the
company to furnish to them Information as
to the compunj's alfilrs nnd to piepaie
to confer at the piopo ed meeting on a
plan for the proposed reorganization.
Atrlilhiin AccusiMl of Cutting Itnlox.
CHICAGO , April 9 The Alton has raised
loud objections to the Atchlson making a
one fare rate from Chicago to Dallas , Te\ . ,
for the meeting of the Southern Haptlst
convention next mfinth. The Altoif claims
that the Atchlson Is meeting rates outside
association territor > bv cutting rates with
in It , nnd this , it declares. It will not en
dure. The proper way tor the Atchlson to
cut the rate Is , aceoidhif ? to Alton , to cut
It between St. Louis anil Dallas and not
between Chicago and Dallas. Thu Atchlson
has agied to submit the matter to u con
ference and abide by the decision. It dis
claims any intention or demobilizing rates
In the association tenltory.
Must I'liy Tliolr T.txnfi.
TOPEKA , April 0. Late today Judge
nincr of the United States district court
made a very Important decision , difcsolvlnj
the Injunction fought by the Chicago , Hur-
linrton & Quincy to rertram the t-hrrift
of Norton county from levying on the roll
ing stock to secure unpaid tuxes. The prin
cipal mllroads of the state arc lighting
their taxes on account of the advance In
the at-bCbsment. This will , give counties a
chance to force collections.
II-BAT "IO JA'
TpnnedM'0 Dcrbj Ifun In tllo Mml ami Won
1 > \ 11 II DISH In the Hclil
MEMPHIS , April 9. The Tennessee
Dei by was run today on a heavy track.
A light rain fell all morning. This bi ought
a change In opinion as to the result. Vas-
who was nn even money favorite
_ . .
- -
less , and Fellow day , who caught three "
pounds less than Vassal , and Duck Kene
were thought to li'iv e a good chance , the
bulk of favor going to the formei on his
ipputatlon of behit ? good In the mud. Vas-
jll nnd Rhett Good sold even favoiltes
it S to 5 ; JJuck IJeiie , 3 to 1 , otheis , 3 to 1.
Jamboiee won , Uuck Kene second , Vassal
thlid
Results :
Fiist lace , sK furlongs : Carlsbad won ,
Havvthorno second , Maid Marian third.
Time.
l:19si. :
Second race , half a mile : Caprlvl won ,
Laureate
neeond , Modloicro
52v . third. Time :
Third race , Tennessee Derby , sweepstakes
and for 3-year-olds , vnltie to winner $3.240 , mile
an eighth.
Jamboioe
won , Duck Rene
second , Vassal third. Time : 2 01 % .
Fouith lace , seven furlonrrs : Slmrock
won. Little Doiritt second , Marcel
Time : 1 35. third.
ritth race , one mlleTonton :
won , Tcnny
,
jr , hecond
, Content third. Time : 1:19.
Shotgun i\erlh ; | tit Work.
DEXTEIl PARK , L. I. , April 9. One of
the most Interesting team tiap shooting
matches which has taken place In this vi
cinity for the past three
years took place
today. The
conditions were 100 bluls each ,
levlsed
HuiliiiKham rules ,
twent-eight
jards tlse , fifty jnrds boundary and
thirty-
three yntds . dead line , purse $2,000 or $500-a
corner. The principal event of the day
was a team trap shooting match , resulting
as follows. N Aprfnr , killed kS , ml sed 12 ;
W. 11. Wolstonuruft. killed til. missed 9 ,
total. 179. T. Peacock , killed ! X ) , missed 10 ,
K. Helkes , killed SI , missed 19 ; total , 171.
After the match was btought to a close
another lor J-5 each , fifteen birds , twenty
yards lise , fifty wuds boundary , was shot
by R Helkes of Da > ton , O , , and Arthur
Schlemnn ot Tampa , Fla The former
won with fifteen stt.light killed , while the
Tampa oMieit lost his fourth bird , which
foil dead Just outside the boundaty.
Ktiirtud u Slx-D.i } Tinm ) )
A six-day walking match between fe
males , under the management of M. L
Mordls , opened nt the Collheum last night
In the piesence of a laige ciowd of spec-
tatois , 'Jlieie weio nine entries , prin
cipally ouns gills tanging from U to 18
jcma of ago , and Ray llaton outdated ns
lofoiee. The stint was made at H o'clock
to the Infepliltliiff strains of Prof. Mtie'ller's
band , and at 10 o'clock the ( list night's
rhase came to an end , with the contestants
btandlng as follows. No. 1Pearl Sea , S
miles. 7 1 ips. No. 2 , Alan Kennedy , 11
miles , 0 hips. No 3 , Kate IlonU , 13 miles ,
9 laps ; No I. Miss Koyd , 9 miles. 7 laps ;
No 5 , Molllo Williams , 11 miles. 7 laps ; No.
b , Kuto O'Connot , U miles , U laps ; No 7 ,
May Utown , 12 miles , 1 lap ; No. S , Nellie
Bui ROSS , 12 miles , I laps , No. 9 , Mamie
Mai tin , 12 miles , 9 laps
.luck Ilniflu Kiiocliol Out
UOSTON , April 9. Jack Havlln , e\-cham-
plon featherweight pugilist of the world ,
was defeated at the Lafayette club to
night In eight rounds by Young Herman of
Woonsoi'ket , R. I. Havlin was foiccd to
quit at the end of the eighth round. Pre
vious to this bout HU'y ' Dojle nnd Hilly
Duffy , nt 110 pounds , fought a ton-round
draw , tins Shea and Jim Keofo a Mo had a
lutUlnic bout for ten rounds , which was de-
a diaw
Tiiip Shooters nt Wnrl .
1J15XT13H 1'AUK. I , . I. , April 9-In the
publlii trap Bhoot match for Jl.OOO n wide
tluHinic ut the end or the ( hat ( iimrtPi
vvus I encoc-c. \Volstcncioft. ; . _ i : Apgnr.
a , HelkPH , IS. Totnla : 1'c.icock ami
Hellas , it ; Wolstencioft und Ap Fu ,
o
SECRETARY LAMONT'S VISIT.
Coming with His 1'urtj to Look Otur 1'orts
Cioiilc mill Oiniiliii ,
Secretary of War Panlel S. Umoiit and
inrty reached Port Ueavcnvvortli , K u , , ycs ,
terday from Port nile > . Ivan. A Mop of half
an hour was made at tlio Soldiers' home ,
whore Governor Smith and 2,000 veterans
turned out to honor the secretary A salute
of saventeen nuns was fired The secretary
left Limvenvvorth last night for Omaha Ilo
will reach hera thla morning , stopping at
Poit Crook , on hla way lo Inspect the work
In progress I hero. The party consists of
Secretary and Mrs. Lamont. Ir and Mrs
llrjant ( loncral Ulchard N. Ilatchelder , quar-
term-atcr general of the army , and Major
DavU.
Qeneral Urooke and staff will meet the
party at the dspot , At Fort Omaha at 0.30
the Second infantry will be paraded for In-
specllon Secretary I.a m out will lunch with
Qeneral Ilrooko and will leave for Fort Snell-
Ing this evening.
LAWYERS BATE AN INNING
Attorney Oarlisle.Ijjgins . His Argument for
lair Mfcdollne ,
0 nn
GIVES MR , BRfcklNRIDGE A ROAST
> f ,
i r"t
Judge Hriidley dlVon'mi iqiml : Nitinlicr of
Jiistriictlinm AMcd > by Kue-h 1'iirty
J'low of Ijlff. \ rfni'iurlico to
I ml Suxvral DIIJS.
WASHINGTON , April 9. Attorney Cal-
deron Carlisle , who Is more deeply versed In
International law than In breach of promise
litigations , consumed today In criminal court
In n revlow of the testimony before the Jury
In the Pollard-dlrccklnrldgo case. Ills state
ment was u detailed dissection ot the evi
dence , delivered in a clear , dlspnsslonatc
manner , although at times the lavvjer re
ferred to Colonel IJreokfnrldge In ver > scath
ing but carefully worded terms. The silver-
haired congressman conducted himself very
nonchalantly , joking \vlth his lawyers during
the day , while Madeline Pollard , sitting
directly In front of him , kept her face shaded
by a black-gloved hand most ot the time.
Only once was there any Interruption of the
argument , and that was when Colonel Drock-
Itirldgo set the speaker right on the point ot
the family title , about which ho seemed to
bo rather particular. All day the closest
attention was given to the speech by the
Jury and spectators , so that there was deep
sllenco In the court room. Mr. Carlisle will
continue tomorrow and It Is not Impossible
that the speaking will last until Friday.
There was a counterattractlon today In the
arraignment of a bigamist of local celebrity
and the groups ot curious women hanging
about the court house were largely rein
forced.
Mlsa Pollard wore her most becoming bon
net when she entered thccourt room this
morning. She was accompanied by Sister Hi
lls and her counsel and took aseat In her
usual chair before the judge , her profile to
the jury. The audience was composed mostly
of members of the bar , and was smaller than
customary.
INSTHUCTIONS FOR PLAINTIFF.
Judge ISradley first announced his de
cision of the prajers for Instructions. Nine
prajcrs of the plaintiff were granted In
modified form , and five of them refused.
Six prajcrs of the defendant were granted
In modified form , or substitutes granted , and
flvo were refused. Incidentally the Judge
said that whllo the burden of proof rested
on the plaintiff to show that a contract lo
marry was entered Into , If the defendant
set up the defense that the contract was not
made In good faith , the burden of proof
would rest upon him to show that there was
an understanding that the contract was not
to be carried out , and that the statements
In the presence of other parties were made
with this understanding on the part of the
plaintiff and defendant !
The Instructions granted In condensed form
are as follows. Fpr thf plaintiff :
1. If the jury llnd frpm the evidence that
there weie mutual promises of marriage ,
as claimed In the defclaratlon , that would
constitute n binding contract , and If the
defendant marrleil another peison , that
would be a breach of the contiact , upon
which the plalntlfL would be entitled to HUP.
Illicit relations with him , or with others ,
befoto the contiact was made , if known
to him , would be ne defense.
2. The burden of proof Is upon the de
fendant to show , by a preponderance of
evidence , that if there was an ngicement
that merely the iscimblance of a con
tract not to be called out was agreed
upon between them. ( . ,
.1. If promlbcs w'dre made by the defendant
In bad faith , but accepted by the plain
tiff In good faith , this bad faith on his
part would not constitute a defense.
4. The conduct qL the plaintiff and defend
ant at , about and after the making of the
contract , nrp to be considered in Judging
its good or bad talth.
5 If the jury find that the defendant
piomlsed the plaintiff In good faith to
matt ? iJTietofe 'oV"releaserSmf "ft "VonTd
not be a defense that he had illicit icla-
tlons with her , or she told him of Illicit
relations with others
C. If , befoie the contract , there was inter
course between the two nnd the defendant
knew that she was previously unchaste It
constitutes no defense.
7. If she Informed him that she had been
Impure with Rhodes , that constitutes no
defense.
8. The secret mairlage docs not consti
tute a defense.
9. If promises were not made until after
the secret marriage , it does not consti
tute a defense.
10. If the jury find for the plaintiff they
are to consider the prospective advantage
to the plaintiff from the man Inge , the
Injury to her feelings , reputation and
chance of earning a livelihood by that
breach of promise , and may avvai d exem
plary damages as well
11. If the jury nnd that the plaintiff was
Chaste. SaVC with - . flip flnfnmlnnt . , , ! * i.S
. . .t , .HIM ijit :
attempt to Impeach her character was made
for the purpose of a defense , they may
consider the fact In awarding damages.
INSTRUCTIONS TOR TUG DEFENSE.
1. Before
the plaintiff can
recover , the
Juiy must believe from the evidence that
a contract was entered into between
the-
plaintiff nnd defendant to become hus
band and wife.
2 If the Jury find that statements were
made In the piesence of or to third parties
that they weie engaged to be mairled , and
such statemfnts weie made pursuant to
an understanding ; for the purpose of de
ceiving third persons , such statements
arc
not to be taken ns constituting or evidenc
ing a contract.
3 The bunion of proof to establish the
continct Is upon the plaintiff.
I , If , befoie the contiact , thf > plnl"tiff
ivas sullly of lewd or unchaste conduct
with other men , unknown to Uie detenu.mt ,
he wan not bound by the contiact and may
avail himself of such defense , whether at
the time of his ipfiiK.il i > ii-n. . * < r i\ .
. . .w . . . . * . , , vj. HIU
conduct or not.
C If the Jury believes that the plaintiff
was Ktillty of unchaste conduct with other
men , unknown to the defendant , they must
find for him , even If knowledge of it did
not come to him until after the refusal.
C. The jury may In mitigation of damages
ronsldci the plaintiff's chaiacter and con
duct , If the same were wed , and If the
plaintiff was not seduced by the defendant
may consider her want of vlitue.
The judge was anxious to limit the tlmo
for arguments to five hours on each side , but
after both sides had protested against a time
limit , ho yielded the point.
CAHLISLR CO.MMCNCnS TALKING.
Attorney Calderon Carlisle opened the argu
ment for the plaintiff Leaning on the wit
ness box In a caicless attitude , ho reminded
the Jury that all AVOIO fellow citizens of the
district. encnced.ima'nHrfnrinniipn nf n , int r
to the. parties In < tlli3 case and to the com
munity. Ho claimed to have made good the
temperate promise * ffifJhls opening statement ,
and more , to have jiroved them by creditable -
able witnesses other ] than his unfortunate
client. That there vvbro three parties to the
case had been well Eifid by Attorney Uutter-
worth earlier In tbe | < nse They wore plaintiff ,
defendant and thJjDpftynunlty The Jury hail
seen In the. court roam dally representatives
of the press of the whole country. The
plaintiff was a resident of Kentucky , of the
uamo congressional } tUftrlct as the defcnJanl ,
who came to Wn.silifglon | merely as n teln-
porary represontoufe' of th.it fctate The
plaintiff was a fife-BiUens woman of humble
birth , the defendant a man of national repu
tation. Later It wr ild he the duty of the
speaker to say © atlio ' community had a
right to expect of'tho defendant and show
how greatly had It heen to his Interest to
find everything litL'could-against the char
acter of the poor girl. It could bo fairly as
sumed that all his Influence , wide ac
quaintance and fuuillyConnection had hcen
used to rake up whatever ho could detri
mental to her character. The result had
hccn seen , Madeline Pollard was the daugh
ter ot an humbla saddler , a man of good
character , of some leirnlug , of a. taste for
books , which ho had endeavored to Impart to
his daughter until ha died Mr. Carlisle , who
lias himself been the master of one of the
leading Masonic lodges of tha city , rornlmlod
the Jury of fho MaHonlo funeral of Mr Pol
lard. Colonel Drecklnrldgo had known her
father , and according to his version of that
first meeting on the train , had Inquired for
him , apologised when he was ( old that the
father had died. The lawyer sketched the
early Ufa of Miss Pollard as disclosed by the
testimony , a life free from slander or reproach
preach until she had met thu colonel.
"LOOK ON THIS PICTimn "
Mr. Carlisle asserted that all the attempts
of the defense to Impeach thp character of
the plaintiff had failed , alluding briefly to the
engagement of the plaintiff lo William Wood.
Ho next Invited the attention of the Jury tea
a tlntypo photograph of Ml s Pollard nt the
period whdn she met Colonel Ilrecklnrldge ,
and said : "I ook at that girl and look nt tlm
defendant , remembering how little the testi
mony for the defense says she has changed
since then. " The whlto-lnlrcd Kentucky
congressman sit facing the Jury , so they had
no tioublo In seeing him as they lifted their
faces , as pulled by one string.
Taking up that meeting on the train , where
tlm lives of the two came together , and their
testimony began to differ , the lawjcr re
marked. "He- has told you that there' was
nothing Improper In her conduct then , noth
ing to ahrnt him , Ilcforo wo come to Ibis
meeting let us consider who this defendant
was. Ho was of one of the best families ot
Kentucky. His father was a prominent
Presbyterian divine , and he was blessed v.lth
all the advantages which training and edu
cation could give. Ho had great personal
talents , lie graduated from college at the
e-.irly ago of 18 , In 1857 , and ho waa admitted
to the bin In 185'J ho was married to n
lady of ono of the best families In Kentucky ,
who died early. In 1S61 ho was a sci-ond
time married to a lady so estimable that
hero on this witness stand , In the midst ot
this case , he could not forbear a tribute to
that woman , who had been the mother of
hla seven children. As ho tells you , ho had
a happy homo , was beloved by his wlfo and
children ; ho confesses tint no man ever had
less excuse for what he did , that no man has
Imd greater advantages ; that no words could
paint the depth to which he fell. This was
the gentleman who met the school girl on the
train. "
Prom this point Mr. Carlisle turned back
to James Hhodcs , who was dead , ho said , and
could not bo called The letters from Mad-
cllno Pollard to him had been read nnd dis
closed no hint of the relations which Hrcck-
Inrldgo had attempted to charge existed be
tween them. Moreover , the description glveti
by Mrs. Ilrown of his character and of his
deference toward the young girl had been
heard. It was not extraordinary that she
should feel alarmed If Rhodes attempted to
compel her to carry out the one alternative
of her contract and marry him. She knew
Colonel Ilrecklnrldge ns the most distin
guished lawyer of that section , nnd having
met him , having been told by him that IIP
know her father , she wrote to him for ad-
vlca There began the hecond stage of the
controversy between them. Colonel Dicckln-
rldge had. produced a letter which he said
she had written him and which she pro
nounced a forgery
While Mr. Carlisle was reading the testi
mony of Colonel IJrocklnridge regarding his
visit to Miss Pollard the colonel spoke up In
correction of one of the statements concern
ing the Ilrccklnrldgo family , saying : "That
should bo Judge Ilrccklnrldge and not Gen
eral UrecKlnrldgc. "
HIS LIMITED AUDIENCE.
The lawjor laid stress upon the selection
of a closed carriage for the ride from the
seminary , and compared the story of the
colonel , that without any preliminary en
couragement he became Intlmato with her ,
with her story of having repulsed his ad
vances ; and said : "The tongue which Ind been
accustomed to sway largo audiences was con-
lined to an audience of ono girl In a Cincin
nati hack. "
The mere fact ot Colonel Drecklnrldge , the
congressman , coming to take Madeline Pol-
lurd , the daughter of a Kentucky saddler , to
ride was a compliment and llattery to her
The statement of the colonel to Major Moore
that on the first night he had taken liberties
with her person and the second night he had
slept with her , concurred with her testimony ,
and not with his.
To show that the testimony of Colonel
Biecklnrldgo was not worthy of credence ) the
attorney referred to bis statement that his
relations to Miss Pollard continued through
nine years , and had been entirely without
love or fascination , "a relation so low that
I would have thought he would have been
afraid to admit li on the stand. " Taking his
own statements that the woman was merely
the plaything of his passions , It does not add
to his credit that he should have taken such
a woman as he claims the plaintiff to be to
Mrs. Blackburn , a woman of such standing
and such surroundings. Considering the
colonel's own statement of how ho had de
ceived Mrs. Dlackburn , "a woman of the
highest standing , from Ids own statement , "
the attorney appealed to the jury to think
stances J-n-j.rfluld trust him under rlrcum-
for him to misstate tlioTtacTs
Mr. Cirllsle called attention to the appear
ance of Miss Pollard on the witness stand ,
when , after two hours of direct examination ,
she had been subjected to a day and a half
of cross-examination , without being shaken
on a material point. It would bo easy for
the defense to talk of her extraordinary
acutencss , but only two conditions , a mind
trained In the courts , experienced as a wit
ness , or an absolute adherence to the trutliT
could enable a person to do this , and It was
doubtful If the former qualifications could
avail In such an ordeal If one was not telling
the truth. Canvassing the testimony of Sarah
Guess , and after the meeting of the pair ,
while Miss Pollard was. at Sajers Institute ,
Mr. Carlisle came down to the birth of the
first child , concerning which , he said , there
was not a shadow of proof even attempted to
carry out the defendant's Insinuation that
another man than himself might have been
Its father.-
Before Mr. Carlisle had finished speaking
the hour of adjournment had arrived.
Tons ot fruit shipped this year from the or
chards at Dundee. Brown , at Woodbridgo
Bros. , 120 N. 15th St.
IM H/l ( UtAl'lIS.
T. C. Carson of Denver Is in the city.
S. Elseman of Salt Lake Is In the city.
U. E , Sears of DOS Molnes Is at the Paxton.
George II. L > ons of DCS Molnes Is at the
Murray.
F. A. Seaman of Sioux City was In Omaha
yesterday.
E. C. Goodwohl of St. Louis Is registered at
the Murray.
Mrs , . Fred Paffenrath left for Quincy , UK ,
Sunday , to bo gone a week.
James A. Slnlay and L. A. Milieu of Pine
Ridge agency were at the Paxton yesterday. "
Prank B. Temple , chief clerk to the gen
eral passenger agent of the Denver A : Gulf
road at Denver , Is nt the Mlllard.
Itev. James Ciaigh and wife , who have been
engaged In foreign mlsslanaiy work , are at
the Dellonc. They are registered from
Dhudrl , Assam ,
O. G. Dalian ! , who has been on the day
clerical force nt the Paxton for the past jear ,
resigned his position yebtcrday , and will go
to Ills home at Weston , Mo , , for a brief
visit. Mr. Italian ! will return In the near
future to fill another position which has been
offered him.
NchriisluiiiH lit tint llotola.
At the Mercer : J. S. Stetson. McCOok ; G.
C. Torvvllllger , Wayne ; O. II. Swlngloy ,
Beatrice.
At the Dellone : J. E , Dunlay , Orleans ;
George Weldon , McCook ; R Addy , Imogono ,
J. W. Kerns , Auburn ; Theresa Dlckorson ,
Lincoln ; P. N , Galfin , Colon.
At the Mlllard L B. Shepherd , West
Point ; S. W. Moshor , Lincoln ; F. B. Werz-
bacher , Norfolk ; F. L Day , Fremont ; S. E.
Hun , Fnllerton ; E. M. Frefland , Lexlnglon ;
George Warren , Tekamah ; A. Trlmborn , Oak
land.
land.At
At the Paxton : S. W. Jacobs , Lincoln ,
Samuel lllnakcr , Bcatilco , P. W Plank ,
Lincoln ; J. L. Packard , Crolghton ; II. S.
Mnmllle , Tlldon ; L B Shephard. West Point ;
M. T. Jaimlsh , Kearne > , John Fitzgerald ,
Lincoln ; W. Hulovvay , Callovvny.
At the Merchants JW. . Barnhart , Au
burn ; G. r. Riimmoll. P. S. Clinton , J.
Meyers , Lincoln ; J. W. Bridges , Gothenburg ;
John Molzolm , Gladstone- B. Hunt , North
Bend , J 0 , Petwller , Edholm , A. T. Frost ,
Plalnvlew , W. V. Brooks , Lincoln , C , W
Stevenson , Fremont ; John McKebbln , W. D.
Kng | , Douglas ; Walter Noel , Beatrice
At tlm Arcade. F. II. McLaln , Columbus ,
George Heeder , Grand Island , r. W. Mclchor
nnd son , West Point , V. U. Clark , J M.
Chapman , Wuston , Tom A. Smith , Lincoln ,
, lee Ilojer , Craig , C. A. McCloud , York ; H
M > ers , Lincoln ! U Walsh , Lincoln ; II.
Schnuckenburg , Klowa ; J. P. Duiigan , Kear
ney : C. J Bcckman , O Samson , Oakland ;
V. Heed , Fullerton ; H. D. Harrington , Cozunl ;
r. G , Phlllea , Wayne.
The first Installment of Emllo Zola's great
story , "Lourdes , " will appear In The Sunday
Bee April 1C. Illustrated
SILVER AM TARIFF
( Continued from First Pngo. )
tremo demands , to Imperil the success of our
pirly again nnd thereby lend to retard the
progress , diminish the filory and endanger
the best and highest Interests of our common
country "
At 1 25 p. m. Senator Mill concluded his
speech , which was greeted with a burst ot
applause.
„
WOUND UP IN A SNAKL.
Mr. Harris than dom.indpd the full roid-
ing of the bill. Heretofore , ho said , dobalo
has proceeded by unanimous consent with
out a full reading , anil as the bill will have
lo bo read In full al some time , ho wai
anxious to have It done now. The question
was dobntcd at KOIIIB length nnd vuis be
coming somewhat tiresome' whnn Senator
Mandurson , remarking Hint the discussion
wns being drawn out to an lutcrmlnublo
length , moved that the semite adjourn.
The JIMS nnd nays weto dumanded , and
the senate refiiHCd to adjourn.
The republicans continued to occupy the
clerk with the leadings of cltnllons for nn
hour nnd ten minutes , when Mr Halo moved
to go Into executive1 session , nnd on n > en
nnd nny vole , the republicans , with two ev
ccptlous , rcfilined from voting , and no
( liiorum being present the roll w.ts called ,
when fifty collators answered to their names ,
A ( inorum being shown to be present , the
question recurred on the motion of Senalor
Halo lo go Into executive session. Pending
Ibis nn acrimonious colloquy took place be
tween Mr. Harrln nnd Mr Altrlcb , In which
each sharply c.tllcd Iho olhor lo order
The yens and nays vvcro again called on
Mr , Hales' motion nnd the absence of n
vollng quorum being ngaln shown , u rail of
Iho senate was ordered. Pifty scnalors Inv-
Ing nnsvveied lo the toll call , the qnojtlon
again rerurrcd on Mr. Ilalca' motion The
jeas disclosed no quorum voting , whereupon
Mr Quay moved nn adjournment. 'Iho jeas
nnd najs on this question were called for
by Iho republicans , nnd Iho senate refusing to
adjourn , Mr. Han Is said that under the rules
It was not In order to luslrticl Hie sergeanl-
at-arms to request the presence of absent
senators whllo the roll call showed the pres
ence of n quorum , nnd ho moved , nt G 10 , that
the senateadjourn. . The motion was agreed
to. and the senate adjourned until 12 o'clock
tomorrow. _ _ _ _ _ _ _ _ _ _
llouin I.lstrnnd to HIM.
WASHINGTON . April 0. The house wns
depopulated today. Thrce-foui ths of the
members were nt the senate listening to
Senator Hill's speech on the tariff Those
who remained woic occupied with District
of Columbia affairs , but lltlle actual busi
ness was transacted. At 5.10 the house ad
journed.
Look up Dundee , Oregon , prune orchards ;
free rldo to the property ; sold on easy pay-
menls ; Irees now growing ; everything guar
anteed. Drown , at Woodbridgo Bros. , 120
N. IGth St.
Free ! ] K\\ \ \
Getalltliat's
possible of
both , if in
need of flesh
Dtrcngth
and nerve
force. There's needjtoo , of plenty
of fat-food.
) Cod Liver Oil builds up flesh
ind strength quicker than any
Hher preparation known to sci
ence.
ence.Scoli's
Scoli's Emulsion is constantly ef
fecting Cuie of Consumption ,
Jltonehitis and kindred diseases
- . . / . „ . . . . „ / / , . , , . iifl/im/s KATI. . . _
Pri-pirrrl liv fitott < t Bowni' . M. V All drnenlnt > 7
Nothing but our willingness fo
pay cash in these hard tiinej
enables us to put such good stuff
into these $13.25 suits. For tha
usual pi ice of one custom suit to
your eider we will cut you TWO.
Pants
Company
408 North IGth.Street.
THE ALOE & PENFOLD GO ,
1408 Farnam Street.
Retail Druggists
and purveyors of
Medical Supplies.
Invalid Chairs ,
Supporters ,
Atomizers ,
Sponges ,
Batteries ,
Water Bottles ,
Rupture Cured
Satisfaction guaranteed.
All the latest improved
Trusses.
THE ALOE & PENFOLD CO ,
1103 FAHKAM ST. , Opposite Paxton Hotel ,
KNOWLEDGE
mfort nnd improvement nn
tends to iie-rsnnal enjoyment when
rightly iifotl. The many , who live better -
ter than othmnnd enjoy lifomore , with
k s expenditure , by moro promptly
Jiiii\t'"g | ' t' ' ! > world's best products to
the needs of nhysical bring , will nttest
the value to lionlth of the puru liquid
Ir.xiUivo piinciplot embiau-d in the
remedy. Svrup of Figs.
lU oxcollcnco is duo to its presenting
in the form most acceptable and pleas
ant to the Mite , the lefreshingand truly
beneficial propouies of a perfect lax
ative ; effectually cleansing the system ,
dispelling colds , headaches Mid levers
nntl permanently curing constipation.
It has given satisfaction to millions and
met with the approval of the mcdjcnl
piofession , because it ncts m the Kid-
nevs , Liver and liowels without weak
ening them and it is perfectly free from
every objectionable substance.
Kv'rup of Figs is for calo by all drug
gists in OOc and $1 bottles , but it is man
ufactured by the California Fig Syrup
Co only , whose name is punted on every
package , albo the name , Syrup of Fig ,
and being well informed , you will no *
accent nny substitute if ollercd.
/s , infact , no publication which
enlfts into senons rivalry with it. "
New York Tribune. L
.A. R.
Every Grand Army man re
members very well exactly what
position he took in the battles
of the civil war ; possibly even
the position of his company , a ?
most his regiment.
G. A. R.
Reminiscences of the war form
the chief enjoyment of a post
meeting. Any relic , picture ,
or account is vvt'lcome. 'I hough
ovci and over told , all anec
dotes are ever new.
G. A. R.
The book for every G. A. R.
Post's hbr.iiy , for every G. A.
R. man's library , is the " ( Jen.
tury War Book. " It is made
up of the Pinions vvai articles
that appeared in the Century
Magazine a few years ago.
G. A. R.
Our readers may have this < - - -
great work in its present
popular form ( the original
bound edition is $22 to 4-28) )
at the smallest price ever asked
for such a work.
The terms arc as follows :
roil CITV RRADI3US nilnu 4 "Centurj
War Hook" Coupons of Ulffeicnt dates , togetti
cr with 10 cents In coin , for tucli part us
MicJ , to The Heo office.
ron OUT or TOWN iuADnnH-sinii i
"CentuiyVnr lluuK" Coupons of tllffiicnf ,
dates , with 10 cents In coin to CVntmy Wnr
Hook Dept. , 'Iho l > e IJo pirtlouliir to (1) ( )
Blvu jour full rmmo and ndilitsa , (2) ( ) Inclose
the necos-i.uy coupons mul 10 cents
In oueilti ! 'Tho Cintuty War Hook" do not
Include any oihei business In juur letter or
delay ulll ensue
AMUSblM bl
MONDAY , TUESDAY anil WEDNESDAY ,
April 0,10 , nnd 11.
ROBERT
ACTOB -
Series of Lecture-Recitations ,
APRIL 9 ,
OR , JEKVl AND MR , HYDE ,
APRIL 10 ,
THE BELLS.
APRIL II ,
JOHN m JD IWi.
ADMISSION , - OOo
Tickets , - - $100
Y. M 0 A Monitors , - - 25o
Sonta nt CHASE & . EDDY'S
IMh Street Theatre II W
TONIGHT.
H Y 1'nrnon B i.it rtMllsllo production
THE POLICE PATROL
MA 1 1 N KK W
15th Street Theatej-ll1'01' " ! jAIt . HIUIiH
3 NIGHTS , Commencing ThursdayApr , , 12
FARMER J. C. LEWIS ,
And u heh'pt ' ( 'oinimny of
20 TALKN'I HI ) UAIHIIANS-20
In tliu I.miuliulilo Van Id n Comedy ,
"SI PLUWKABB. "
MATINGU SATUltUAV ,