AFFAIRS AT SOUTH OMAHA
Preliminary Hearing of Blake and Martin on
Ohargo of Areon ,
MOTION TO DISMISS UNDER ADVISEMENT
l.lllln IHrrrt Testimony to Support Theory
of Inrriiilliirlmn NrK" > ' Lcltrr to
n Wlilto Olrl Clcln Him Into n
Herlmia I'roillciinifiit.
The police court room was packed yesterday
morning to listen to the rchnah of tlio evi
dence In the cases against J. W. Ulakc and
N. Mnrtln , who are charged with arson In
connection with tlio Lee hotel flro. Assist
ant County Attorney Troup conducted the
case for the state , and the defendants were
represented by Hon. T. J , Mahoncy and Hon.
Matt Uchrlng.
Ileforo enteritis Into the examination Mr.
Troup announced thai the state wished to
dltmlss the complaints against Kate Carnell
ami Helen Dressier , who were charged with
being accessories.
Josephine Johnson , the woman who was
landlady of the house at the time of the fire
was the first witness called. Mr. Sweczey
was her night clerk , and took charge of the
house after 8 o'clock In the evening. Wit
ness had nothing to do with the saloon , It
being run by Mr. Hlake up to within a few
days prior to the fire , when he told her he
lad : sold It to a man named Haller. On tlio
night of the fire witness retired shortly after
8 o'clock. About midnight she heard Helen
Dressier call to Kate Carnell and tell her
thu house was on flro. A few minutes later
RIO | learned that an old mattress had started
to burn In the basement , but that the fire
was all put out. At 2 o'clock In the mornIng -
Ing n second alarm of fire was given , bite
sprang out of bed , threw some clothing
In her trunk , and rushed out
on the porch. She went down part way on
n rope and from there was rescued on a
ladder. Mr. Sweezey was thu person who
called her and gave the alarm of fire , was
taken Into a neighboring house and remained
there until morning. The witness and Mr.
lllako had quarreled over rent money.aH
Informed at different times that the building
would bo burned. One fellow offered to bet
her $2 that the hotel would be fired. Wit
ness examined the building after the flro
and was of the opinion that the fire was
started near the kitchen and that kerosene
oil had been used freely.
On cross-examination Mr. Mahoney drew
out that witness had been In the hotel busi
ness at Hastings and Loup City. Mr.
Sweezey had worked for her two years In
I'I Hastings and had been with her hero for
the last year. She was the sole proprietor ,
but had promised to give Swcezey half of the
profits when she settled. In the meantime
she had kept him In spending money and
clothing.
"When you bought the Leo hotel furniture
was It Insured ? "
"Yes , for ? 300. "
"How soon afterwards did you place ad
ditional Insurance on It ? "
"I don't remember. "
"How much more Insurance did you take
out ? "
"Eight hundred dollars. "
Mrs. Johnson said she had been paying
lllako $ GO n month rent until Mr. Kllkenncy
was appointed receiver , when It was reduced
to $50.
She had paid a month's rent a day before
the fire.
TALK OP BURNING.
Mr. Mahoncy then had the witness explain
about two other fires which occurred at the
house about ten weeks ago. In regard to
the witness having heard talk about the
hotel being burned , Mrs. Johnson said she
had never heard Mr. Dlake say anything
about It. She admitted that on the day
before the flro she- had offered to sell her
furniture for-$700 , . although she was carry
ing J800 insurance at the time. That after
the first flro she had asked for additional
Insurance , but did not get It. Scott Markley
was the man who offered to bet her $2
that tlio hotel would burn. She took the
bet and lost. Markley and other boarders
had repeatedly told her the- house would
burn. Mr. Blake sold his piano two days
prior to the fire. Returning to the flre Mrs.
Johnson stated that the worst place burned
was In the center ol the building upstairs
and down.
On redirect examination Miss Johnson ex
plained that the goods she offered for $700
did not include all of her stuff. That she
reserved her pictures , bedding and many
oilier things. In regard to asking for ad
ditional Insurance she had done so upon the
advice of her friends , who told her that she
should do BO In order to protect her own
Intc'rcsts.
Byron Sweezey described the details of the
flre. Ho attributed the origin of the first
flre In the basement to a tramp , as the door
was not fastened , and any one could enter
from the street or alley. The second flro
started In the bedroom off the kitchen. Miss
Johnson had a lot of goods stored In this
room. There was no combustible matter
or oil In the bedroom and the flre In the
range In the kitchen had been out for some
time. Upon discovering the flro he rushed
upstairs and gave the alarm. The girls re
peated the alarm on the upper floors and ho
wont outside to give the alarm to the fire
men. Ho saw Blake at the building shortly
nfter the fire broke out. Ho was barefooted.
Blake roomed at Hallcr's , a block away.
"Tom Coats , " said the witness , "told mo
about ) .V > Q weeks before the flro that a cyclone -
clone was going to strike me. " Miss John
son's property was worth $1,000.
On cross examination Mr. Swcczcy stated
that about fifteen minutes before the last
flro while sitting In the ofllcci ho heard a
noise llko something heavy dropping on the
lloor In the basement. Ho took a lantern
and looked all through the basement but
did not discover any cause for the noise.
Ho again examined where the mattress had
been taken from , but the flro was thoruugly
out. Ho did not look In tlio bedroom off
the kitchen at this time. lie saw Blake car
rying the hotel register across the street.
He heard Blake say ho would give any man
$5 who would carry out his trunk. BlaKo's
trunk was at the head of the stairs , having
been taken out of his room when ho gave It
up a few days before the flro.
J , 1' . Haller testified that ho conducted
the saloon In the Lee hotel and was there
on the night of the flre. Sweezey , Mrs.
Haller and the other parties who were there
soon put out the fire , which was In an
old mattress , which had been thrown In the
laundry room of the basement. He and his
wife then went home. Mr. Blake roomed
in his house. Blake was In his liouso when
UID second flro was discovered. Ho and an
other person came In about fifteen minutes
before the flro. Was told that Martin Is
the man who came In with Blako. When
ho saw the flro ho ran to It. At the hotel
ho saw Blako. Ho was In his stocking
feet and had on nothing but a thin under
shirt , coat and pantaloons.
It being 12 o'clock an adjournment was
taken until 2 p. in ,
OIL CAN WANDERINGS.
Mr. Haller was recalled when court con
vened In the afternoon and testified that the
all can had bc n removed from Us customary
place on the night of thu flro. This was ex
plained by Mr. Swcczcy , who was also re
called. Ho stated that his lantern went out
about 10 o'clock that night , and ho went to
the bath room and took out the oil can to
Oil his lantern. When ho waa through with
the can he left It In the hallway.
Charles A. Smith testified that when ho
told Illaka ho was going to the Leo hotel to
board , Blake told him ho had better not take
lila wlfo and baby there , as the liouso was
liable to burn down any time ,
Kato Cornell , who was employed as cook ,
testified that about 10 o'clock on the evening
of the flro she. met Blake at tlio hotel In the
hallway , and he asked her If she wanted a
drink. Her rciily was , "Sure thing. " They
'drank beer together , Blake went Into her
room and remained about twenty minutes ,
ffho witness then retired and was not dis
turbed until the first flro occurred , when she
Kot up for a few momenta and retired ngaln.
When the alarm of the second flra was given
slio escaped by a rope and ladder from the
eecoiid story. She saw Blake at thn flro
and described him as being about "half
dressed. " Before leaving the building nho
throw her trunk out of the window. Blake
told \vltncBS between tU two fires not to bo
alarmed In case the hotel caught flre , as
thcro were many people about who would
eco that no < m was Injured. After the
flro thrca months ago Mlns Jolmnon told her
to keep her trunk down stalra. Blake never
told her to look out for a flre prior to the
last one.
Helen DrcMler said she retired about 8:30 :
on the night of the fire. During the after
noon she filled tho. lamps In the bath room ,
She had not heard any one speak of a flre.
The day of the flro the oil can was well
filled. It holds five irnllons and was about
half filled after she filled the lamps on the
day of the flre. The clerk had frequently
taken this oil can ( o the kitchen to start
the flre , and It wns sometimes left In the
olfice at the foot of the stairway by the
grocer.
Mrs. Mary Stokes , a boarder , testified that
she filled her lamp from the can In the bath
room about 0 o'clock on the night of the
flre , and the big can had about three quart *
In It when ulie left It. Her room was on the
third floor over the kitchen. When she first
discovered the fire It Bccmcd to be coming
from the vicinity of the kitchen. She had
heard general comment that the building
was a flre trap and liable to go at any time.
Maggie Smith , landlady nt 314 .Railroad
avenue , testified that Blake and Martin
came to her house about mlndlght and left
about 2 o'clock. When they left her place
they went north toward N street. Martin
and Blake left her house about ten or
fifteen manutcs before she heard the tire
alarm. Saw Martin at the fire , but did not
see Blake. Witness remarked that It wan
a bad fire and did not look much as though
they were going to put It out. Martin re
plied that It didn't make much difference
anyhow , as the insurance was about out.
Mr. Tioup announced that the state had
subpoenaed more witnesses , but that no
more would bo called and the state would
rest the case on the above evidence. Mr.
Mahoney moved that the case be dismissed
without Introducing any evidence for the
defense whatever. Judge Chrlstman took
the motion under advisement and will render
his decision at 10 o'clock this morning.
"ACTING AS A I'ltlKNI ) . "
Negro1 * Conduct Townril n Wlilta Girl Mny
.Menu Srrloua Troubles for Him.
W. R. Johnson , a colored man , Is in jail ,
but as yet no charge has been lodged against
him. A complaint will ba filed this mornIng -
Ing accusing him with assault with Intent
to commit rape , If the document Is en
dorsed by one of the attorneys for the state.
The case Is a peculiar one. John Wai-
lander lives at Thirty-second nnd F streets
and has a daughter named Esther who Is
about 16 years of age. It seems that John
son , who Is a married man and who lives In
the same neighborhood , became smitten with
the charms of Esther. This fact would , per
haps , have never been known by the father
of llio young white girl If Johnson had not
written Esther a letter In which ho emphat
ically declared his love. The child showed
the letter to her father , who submitted It to
an attorney. The police were called In to
advlso In the matter and It was dually con
cluded to lay a trap for Johnson and place
him under arrest. In his note to the girl he
asked her to meet him at midnight and the
engagement was fulfilled. Esther came out
of the house at the appointed hour and es
corted Johnson Into the barn , which had
been surrounded and filled with ofilccrs. Ho
gave the girl a sack of candy , kissed her
once and was about to place his arms
around her waist when Detective Thomas ,
who was in the barn , slapped his hand on
his back and told him he was under arrest.
Just at this moment Chief Brennan , who
was on the outside , rapped on the door and
was admitted. Johnson was locked up.
The defendant says ho had no bad Inten
tions , but was merely acting as a friend to
the girl. She first came to his house and
told him that she had been driven from
homo by her father and had no place to
stay. Through sympathy Johnson and his
wlfo had befriended her. He had arranged
to meet her at night so her father would not
see them talking together. Mrs. Johnson
says that the girl has been at their liouso
on a number of occasions and acted very
freely with her Ifusband , but she does not
believe that their relation ? were Intimate.
Mr. AVallander was at the police station
and asked that the prisoner bo prosecuted.
He denies that he ever misused his daughter.
Muglu City ( iosHlp.
The Taxpayers league meets tonight In the
city council chamber.
Miss Maude Clliton Is home from an ex
tended visit In Chicago.
August I'apez will soon open out a resort
at the corner of Twentieth and Q streets.
The Woman's Relief Corps gave Its last
ball of the .season at Knights of Pythias
hall last evening.
The city council did not meet last night
as there was not a quorum present. An ad
journment was taken until next Wednes
day evening.
The Central Labor union of South Omaha
meets Wednesday evening In Bauer's hall.
Morgan Heafey left last night for Denver
to attend the wedding of his sister.
Miss Margaret Mlllray of Blackpool , Eng
land , has arrived and In the near future will
make her homo with her brother , Mr. James
II. Mlllray , who has been a resident of this
city for the last four years.
Many complaints have been made to the
police within the last week that parties
are dumping garbage Inside the city limits.
Chief Brennan has set out to stop the nui
sance and several arrests have been made.
Dr. Ernhout , a man who has successfully
practiced medicine In South Omaha for a *
number of years , haa removed with his fam
ily to Wllcox , Pcnn. The doctor and his
estimable wlfo leave a largo number of warm
friends In the Magic City.
Ofilcef Thomas arrested two suspicious
character , Charles O'Connors and John Law
rence , last evening down on the B. & M.
tracks. When searched at the station house
they had In their possession a lot of Jewelry
and silk neckties which Is supposed to be
stolen property. Chief Brennan will en
deavor to find the owner of the goods.
Sweet breath , sweet stomach , sweet tem
per ? Then use DeWIU's Little Early Risers.
EIGHT NEW POLICEMEN.
Appointed I.nst Nlclit to Iteport for Duty
In Two WfokH.
Eight men were selected by the Board of
Fire and Police Commissioners last night
to don the uniform and report for regular
police duty on May 15. These men are :
J. C. Luke. M. F. Hotchklss , John Tyrrell ,
Lewis Rentfrow , W. H. Story , P. J , Moran ,
J. L. Lyckholm and M. McCarthy , and they
are a flno looking lot of able-bodied men.
Sixteen men were examined , but the commis
sioners concluded to appoint no more for a
few days at least. The remainder of the
number examined will probably bo placed on
the reserve list. These men are Henry
Chrlstcnscn , G. W. Barnes , John Leary , R
W. Chamberlln , Henry Heltfeld , Joslah
Thonma and Peter Jorgonscn. J. M. Boden
waa on the list , but for reason was removed
and another man will bo selected.
Chief Seavey , as president of the Na
tional Chiefs of Police union , Invited the
commissioners to attend the annual meeting
of that body May 8 In St. Louis. Captain
Mostyn and Sergeant Slgwart were granted
permission to attend. Olllccrs FIsk , Byrnes ,
Bruce and Kirk , and Fireman Ruane , Mor-
rell and Mulvlhlll were granted loaves of
absence. The bond of F. C. Ilolman , as special
police for the Douglas Street theater , was
approved. The commission of James W.
Juskalck , as special policeman , was revoked
for shooting at Charles Warner on April 20.
The city attorney gave It as his opinion
that the distribution of announcement cards
by the Young Men's Christian association
was not In violation of the ordinance re-
latlvo to tlio distribution of handbills.
Chief Seavey was Instructed to not molest
the stamp , candy , chewing gum and cigar
nlckel-ln-tlie-slot machines
, as they hardly
came under the head of gambling devices.
The company having the contract for street
gasollno lighting requested the cominls-
slonurs to take steps to prevent the stealing
of gasollno from the lamps and to warn the
school boys against breaking the globes.
C. Adams and nineteen other citizens
living In the vicinity of Twenty-ninth and
Dupont streets asked that the police prevent
gatherings of "hoodlums" In that part of the
city.
city.The
The salary of Jail Janitor Mason was
ordered reduced from JG5 to $50 per month.
The commissioners reported that the county
attorney had agreed to not keep the ofilcors
In the criminal court as witnesses any longer
tnan he could possibly help In the future.
Pills that cure sick headache : DoWIU'a
Little Early Itlaers.
\
TURN AGAINST AMBROSE
Glair's ' Attorneys Want Another Judge to
Hear Street Hailway Matter ,
MAKE BITTER CHARGES OF PREJUDICE
Imputation Itcucntcil and nn ittlntmtlon : |
Matlo from tlio Ilrncli Morn Illtturnciw
llctwccn Opposing Counsel .Manifested
Yvntcrilny'ft Proceedings.
The street railway case was the drawing
card at the court house yesterday , and
the objective point was Judge Ambrose's
court room , where the application for an In
junction to prevent the collection of the
{ 5,000 judgment In favor of Matt Clalr was
set for hearing.
The knowlcdco that bad blood existed be
tween some of the Interested parties was
sulllclcnt to pack the court room , and the
spectators found the proceedings sufficiently
out of the usual order to hold them until the
noon hour.
Attorneys Ransom , Ourley nnd Marplo
were present In behalf of the defendant ,
while John L. Webster nnd John D. Howe
appeared In the Interests of the plaintiff ,
the street railway company. The attorneys
for the defense- moved for a transfer of the
case to some other court because of the al
leged prejudlce and bias of Judge Ambrose.
Mr. Ourley read the aflldavlts of Messrs.
Ransom and Marple , as well ns his own , set
ting fortlf that It would be Impossible for
their client to have a fair and Impartial trial
before Judge Ambrose , because of his bias In
favor of the Omaha Street Railway company
and John L. Wehiter , and his prejudice
against Matthew Clalr and his attorneys. It
was set forth that the court had fully In
tended to go to Burt county yesterday
to hold an adjourned term of court there ,
and had so made arrangements , but that
because of his bias and prejudice In this
case he had announced from the bench Sat
urday morning that no such adjourned term
would be held , and ho would remain here
and hear this case himself , although It did
not properly come before him and there were
at least five of the other judges who were
available , and who could nnd would have
heard the case. It was further statedthat ,
the case properly belonged to one of the
equity judges , either Judge Walton or Judge
Ferguson , aiTd that Judge Ambrose violated
the regular rule of the court and dlsre-
regardcd the courtesy due the other judges
In thus assuming to act In the matter.
It was further alleged that when Judge
Walton was compelled to go away because of
Ill-health he made provision for the work of
Ills court , and that Judge Scott had the
docket and was ready , willing and capable
to try the case. The affiants further set
forth that they had called upon Judge Ambrose -
broso Saturday evening at the Paxton hotel ,
and after setting forth the facts In the case
had requested him to call In two of the other
judges of this court to sit with him In the
hearing of the application ; that he had
seemed to resent It , and had told them that
he did not see the need of It ; that when they
had told him that If he would not consent to
call In the other judges they would like to
have It sent to some of the other judges , he
had told them to make such an application
In court. It was alleged that this occurrence
had Increased the prejudice felt by the court
against the affiants , and rendered it even
less likely than before that their client
could secure a fair hearing in this court.
AS PROOF OF PREJUDICE.
As an Incident of the prejudice which
Judge Ambrose was alleged to feel against
the affiants and his bias In favor of Webster ,
the alfidavlts set forth that last December
the court granted an Injunction at the In
stance of Webster to prevent affiants Insti
tuting criminal proceedings against C. O.
Plerson for running a gambling house , and
had subsequently admitted that he might
have done wrong In the matter. The affiants
had later gone before Judge Scott arid se
cured ] the. dissolution ! of the restraining
order , and It was charged that this action
had Increased the prejudice of Judge Am
brose against them to such an extent that It
would be suicidal to the Interests of their
client to have the hearing continue before
this judge ; that his prejudice was shown by
statements that he had made to other mem
bers of the bar to the effect that affiants
had "tricked the court" In the matter. The
postponement of the Burt county adjourned
term was dwelt upon at length , and It was
stated that there was no necessity for It , as
It was practically vacation so far as the
Jury cases were concerned , and any of the
other judges were available.
Mr. Webster arose to reply to Mr. Gurley ,
but the court motioned him to a seat and
proceeded to pass upon the motion. Ho said
that at the request of Judge Ferguson and
Judge Walton he took the letter's docket
saveral weeks ago , when Judge Walton was
compelled to go away , and that he had kept
It until two weeks ago , when his own falling
health Induced him to abandon It to Judge
Scott. There had been no violation of the
rules of the court , and especially of the one
relating to llie'work of the equity and jury
judges. He had drawn that rule himself to
prevent judges assuming rights that did not
belong to them , and he would be one of the
last to violate It. As to the part of the
motion relating to the refusal of the judge
to call In other judges to sit with him In
the case , It was not made In good faith , and
was for the purpose of placing him in a false
attitude. When he was requested to ar
range the matter In that way ho had reason
to believe that Judges Walton , Blair , Hope-
well and Ferguson were out of the county.
Judge Koysor was busy with his own docket ,
and this left only Judge Scott on whom he
could call. It was well known that the judge
of the criminal division and himself were not
on speaking terms , and none know this better
than the counsel fcr the defendant In this
case , yet they asked him to do that. It was
simply for the purpose of placing him In a
false attitude. It was true that they had
called on him , and he had talked with them
until their persistency to find out what ho
was going to do became oppressive , and ho
had declined to talk further on the subject
except from the bench. He thought It
strange that there should be so much feeling
In the cube and that pulses bhould run t > o
high. Glair's friends had come to him and
asked him to give the matter careful con
sideration , and had asked It out of friend
ship for the court. Such things were useless ,
doing neither harm nor good. IIo had been
a friend of the defendant for twenty-flvo
years , and did not believe that Clalr would ,
of his own motion , allege that he could not
have fairness there.
TALK WITH RANSOM.
The court further said that ho had been
approached by Ransom nt the corner of Six
teenth and Fnrnam nfter thu cars had been
seized , and the latter had , after conveying
to him a message from Judge Walton , ex
pressed to him tlio bcntlment that no one
hod any fault to find with him ( Judge Am
brose ) us a judge. Ransom had also told
him that there- would be application made
to him for Injunction , and this was tlio first
knowledge ho had of It. Notwithstanding
the honeyed words that had been spoken to
him , ho was aware that It was the purpose
of the defendant's counsel to try to have
the case transferred. So far as the Burt
county adjourned term was concerned , It
had been given up after consultation with
the other judges because the court felt too
111 to undertake It , and the Imputation that
It was for the purpose of enabling this
Judge to hear this matter was vicious In
deed. As a matter of fact , ho had made
all arrangements to leave the city Sunday
afternoon , having no Idea that the case
would not bo entirely disposed of Saturday
afternoon , 316'was sorry that counsel had
iccn fit to strain existing relations , for It
was not true that any prejudice toward
them was felt by him. Ho had been nnd
was still the friend of each nnd all of them ,
and had votwl for one of them as n member
of the Insanity commission. Ho had been
friendly with nil of them politically , nnd
oat with them In conventions ; In fact , thcro
was not one of them for whom ho had not at
Homo time worked to secure tome public
office. There was no one for whom ho
would go farther or for whom ho would
rather do n friendly favor than C. H.
Marple. H iwnt true that he had known
J. L. Webster for nearly twenty-five year ? ,
but he hnd known Mr. Ransom nearly as
long , and was no more n friend to one than
to the other , or to any lawyer who con
ducted hlm clf honorably before the court ,
So far as friendship for the Omaha Street
Railway company was concerned , the court
said he had no sympathy for any corpora
tion or any set of men who exercised cor
porate rights , and ho hnd never shown any
such symptom ; .
This company came Into court the same as
the defendant , with equal rights , and there
was no disposition on the part of the court
to accord other than the utmoit fairness to
each. The motion was , therefore , over
ruled.
Mr. Ransom excepted to the statement of *
the court that the affidavits had been offered
In bad faith or that they were vicious. For
his own part , he wanted to unequivocally
deny that ho had said to Judge Ambrose
that no one found any fault with Hon. George
W. Ambrose as judge of this court. It was
true that the defendant's counsel had as
sented to the order directing the sheriff to
release the property , but It was not until
after It was evident that the sheriff was to be
restrained fiom further prosecuting the levy.
Counsel had not been Insulting In their con
duct or words that evening nt the Pnxton ,
but all was quiet ns could be. Since the
affidavits were drawn , It had come to the
knowledge of counsel , that this judge had
publicly condemned their action In making
the levy , and had thus expressed himself nt
the corner of Sixteenth and Farnam.
HOWE SPEAKS IN SORROW.
Mr. Howp retorted that this was no more
than everybody else In town had done and
then moved to strike from the record certain
matter contained In these affidavits , that
was "Irrelevant , scandalous , Impertinent and
llbclous. " He then proceeded - < o express a
few thoughts that had occurred to him wh.lo
sitting ther ? , but said It was more in sorro.v
than In anger. Ho had never teen a greater
exhibition of feeling In the trial of a case
and nevermore Improper notion. The most
recklessly wlcktd nnd untrue things had
been said nbout good nnd honorable men.
Malice , becthlng hot , manifested Itself deep
down In the hearts of this counsel. It was
time to reprimand counsel Instead of merely
striking their statements from the flics nnd
It should be done at once to stop this In
iquitous procedure.
Mr , Ransom objected to a stump speech
and asked the court to pass on the motion.
He said he was not disposed to retract any
thing he had said on the day of the previous
hearing. He had mentioned only one man
and If he had said anything that was untrue
he was ready to nblde the pains nnd penalties
of perjury , as the words were uttered In n
judicial proceeding. Ho hnd merely related
what was n fact , for the defendant had been
compelled to hire detectives to watch the
street company and see that the Jury was not
tampered with.
Mr. Webster concluded by this time that
a stump speech on the other side was not
just the thing and ho Interposed an objec
tion.
tion.The
The court said he would look over the affi
davits during the noon hour and If there
was anything scandalous and Impertinent
would have It stricken out. In the meantime
time the case could proceed.
Mr. Webster offered his own affidavit , set
ting forth that the journal qf the court con
taining the entry with reference to the man
date In this case had not been signed by the
court up to 9 o'clock yesterday ; also the
affidavits of the street railway company to
the effect that no demand for payment had
been made on them' ' ; also the affidavits of
the superintendent and general manager set
ting forth tluit the company needed all Its
rolling stock to' transact Its business , as it
has but 230 cars , and that of Its 96 motors
and 17 grip cars C2 "motors and 9 grip cars
are In constant use. It was further stated
that all of the property of the company Is
deeded to the Farmers Loan and Trust com
pany to secure bonds to the amount of
$2,250,000 , that are In the hands of various
parties.
The court record In the case was offered ,
and a lengthy argumentative wrangle ensued
over the Introduction , the defendant holding
that the case could not bo tried over and the
plaintiff maintaining that this would bo the
result If the verdict were set aside on the
ground of fraud.
QUESTION OF DAMAGES.
At the afternoon session the introduction
of evidence continued , nnd when the defense
secured nn Inning Luther Drake , assistant
cashier of the Merchants National bank , was
called to the witness stand. It was sought
to prove by him the condition of the street
railway company's cash account , and that
arrangements had been made to pay the
Judgment If It should become necessary , even
before the levy wns made. D. H. Goodrich ,
secretary of the. company , was called for the
same purpose. Ho was quite certain , how
ever , that the tlo-up had damaged the com
pany , as the receipts on April 20 were $1.-
C92.10 , and on the day of the levy , April 27 ,
the receipts fell off to $1,481.00.
The latter part of the afternoon was de
voted to evidence showing that Clalr was
solvent , in spite of the affidavit of Frank
Murphy charging to the contrary. The
charge that Clnlr was guilty of prjury on
the trial In chief , nnd that he knew that his
witnesses were swearing falsely , wns also
gone Into , the court holdlitg that the charge
of fraud In .securing the judgment was all
that thcro was to the case.
The hearing will be resumed this morning.
Yesterday forenoon the attorneys for Clalr
filed a complaint In polio ? court against
Frank Murphy , charging him with malici
ously and falsely making affidavit In a justice
court that Clalr was Insolvent.
The funeral of Bridget Marley took place
In St. Peter's church at 10 o'clock yesterday
morning. Father Walsh celebrated high
mass and delivered n touching sermon. A
large number of friends nnd relatives , to
gether with the sodality of the Blessed Vir
gin , ( of which the deceased was a member ) ,
were present. Remains were taken to Holy
Sepulchre for Interment. A great quantity
of flowon. were "placed on the casket by kind
friends. An uncle and several cousins from
River Sioux , la. , and Will Marley of Plaits-
mouth , Neb. , were present In the largo
gathering of mourners. The pall bearers
were lady members of the sodality. .
Take the Nickel Plato road to all points
cast. Elegant Wagner buffet sleeping cars
on all through trains. Rates always the
lowest. Tickets on sale at all coupon ticket
offices , or address J. Y. Calahan , general
agent , 199 Clark street , Chicago.
( 'iinl of Tlmn' < n
To the officers nnd members of the Sodal
ity of the Blended Virgin , for the many kind
acts during the sickness and decease of
Bridget Marley.
NORA MARLEY AND RELATIVES.
" NotlcTof tlvo linen or Icaa under this licnd , fifty
cents ; each additional line , _
McCOWAN John P. , son of Mr. and Mrs.
John W. MtCowan , aged 3 years nnd 7
months. Funeral Tuesday , May 1st , ut
4 n m. , from residence , 803 South Twcnty-
olghtli street , to Holy Sepulchcr.
DWELLI3Y , Irvln II. . at residence , 3200
nurt street , April 30 , nged 31 years.
Funeral notice later.
Awarded Highest Honors World's Fair.
The only Pure Cream of Tartar Powder. No Ammoniajlfo Alum.
ed In Millions of Homes AO Years the Standard-
iiAvnr.N nuos.
Silks Cut Tomorrow And n Ulg Clothing
Snlo All \Vrel ( .
Slaughter sale of stylish silks.
Slashing the prices at Hoydens' ,
Prices nnd goods prove that money goes
farthest at Ilnydetis' ,
Plain natural pongee silks , 2Gc a yard.
Striped fast color pongee silks , 25c n yard.
Wash silks In stripes only 29c n yard.
Molro silks , all colors , only 39c a yard.
Cream wash silk worth 65c , only 39c yard.
Swivel wash silks , new goods , 4Gc n yard.
Solid color China silks , 32 Inches wide , 39o
a yard.
Printed China silks , 32 Inches wide , GOc yd
$1.00 quality printed Jap silks , C9o n yard.
Yard wide black India silk only 75c n ynrd.
No matter what you may wish In silks ,
you do yourself nn Injustice , financially , If
you fall to call and sea our silks and get the
prices. We are the lenders In silks.
CLOTHING.
Hnvo you nny money ?
If you hnve , keep It
Till you see the sort of clothing you can
buy with It on our second floor. This Is u
big week for clothing buyers.
BOYS' SUITS.
Boys' combination suit with two pair pants
nnd cnp to match , strictly all wool , on sale
$3.00.
$3.00.Wo
Wo have Just received a now lot of all-
wool boys' two-plcco suits , In dark or light
colors ; they would be cheap at $1.50 , but
will place them on sale at $1.95.
Haydcn hells a good school suit for fl.'c ,
but a dandy double or slnglc-brcastcd suit
for $1.25.
Have you seen our nil-wool Jersey suit for
$1.757
MEN'S SUITS.
Our men's suits for $3.75 $ are worth In nny
store $0.50.
A strictly nil-wool Victory or cheviot In
ten different shades on sale at half price
$1.75.Who
Who can show you n better nnd more com
plete stock of men's clothing than Haydcn
Bros. 7 An English clay worsted suit In
blue or black , cutaway or sack ; .they are
worth $15.00 ; our price , $10.00.
A $22.50 Prince Albert suit for $12.50.
Our $0.50 and $7.50 suit can't be beat in
the country.
Men's all-wool pants , 7i"c
Men's Jean pants 75c , and every pair war
ranted not to rip.
HAYDEN BROS. ,
Clothing and Silks.
Going K Bt Today ?
Your choice of four dally trains on tha
Chicago & Northwestern railway. Two of
these trains , at 4.05 p. m. ar.d C:30 : p. m. , are
vcsubulcd and limited , arriving In Chicago
early next r ornlng.
Eltto sleepers , dining cars and the latest
reclining chair cars.
Call at the city office , 1401 Farnam street.
The Northwestern checks your trunk at
your house.
Saratoga nnd return very cheap on occa
sion of the Presbyterian general assembly ,
May 17 ; rntcs always the lowest via the
Nickel Plate road. City ticket office 199
Clark street. Depot Clark and 12th streets ,
Chicago. _
1'nnik ,1 , Iliiingc
wishes to announce that the difficulties wltl
his tailors have been "settled and Invltrn hi-
customers and all good dressers to excm ,
his spring and summer woolens nnd that
Is able to fill orders more promptly tjur
heretofore.
There will bo a sale of useful and fancy
articles In the parlors of the First Presby
terian church on Tuesday evening. May 1st.
The Brownies will be there to win you by
their lifelike appearance.
There will bo a May festival and sale In
the parlors of the First Presbyterian
church on Tuesday evening. Brownies will
be a special feature.
Frank J. SutcllfTc. stenographer , has moved
to 232 Bee building , telephone 597.
Close Connections
For New York , Philadelphia and Boston are
made by the Burlington's "Vcstlbuled Flyer , "
which leaves Omaha dally at 4:45 : p. m. for
Chicago. City ticket office , 1321 Farnam
street.
o
Tuko tha liiirllngton Ituuto
For St. Joseph and Kansas City. Safe-
quick comfortable.
Trains leave Omaha at 9:45 : a. m. and
9:45 : p. m.
City ticket office , 1324 Farnam street.
o
Presbyterian general assembly at Sara
toga , N. Y. , May 17. Delegates to this as
sembly will consider their Interests by tak
ing one of the fast through trains on the
Nickel Plate road from Chicago. Elegant
buffet sleeping cars on all through trains.
Depot Clark and 12th streets. City ticket
office 199 Clark street , Chicago.
"woimx A ouzwa/i A BOX. "
I TASTELESS-EFFECTUAL
ron A
Taken as directed these famous Pills will
proro marrollous ruitorillves to all enfeebled
by tUo nbovo or Kindred disoasos.
26 Cents a Box.
but generally recognized in England and. In
fact throughout tlio world to bo "worth a
culnea n Imx" lor tlio reason that tuoy
WII.Ii CUCCR a wldo rniiBO of com.
plntntiiftnd that they liavo eaved to many
milorcrnnot ineiely ono but many culucco , la
doctors' tills.
Covered with a Tasteless & Solubla Coating.
ot all ( IrurslBtfl. prlco 2. cents G box.
Now Ynrk Depot , SB'S Canal til.
JDESIG-ZV.
No house furnisher cnn nffonl to Ignore
the mother profession of architecture. le >
sign Is everything. It Is all that there Is
In furniture , out side of nuitcilals anil
labor.
You realize the force of n perfect de
sign when you contemplate the linen of
this Chamber Set. l.lvo with It a year
and It will Imprint Itself upon your mem
ory. And who shall soy that It Is nut
one's Hiirroundlngs which , after ull , de
velop the artistic perceptions ?
The designer has made this suit In
maple ami mahogany , thus currying out
his Idea of lightness and a toft , restful
beauty of color and form.
We do not mention It today , however , as
anthlng more than an object lesson In
values. It Is one of the lowest of our
medium priced nets , yet Its beauty out-
rnnka the most expensive productions of
the seasons of 'W and ' 91.
Chas , SUYdck & Co.
FURNITURE of Every Description.
Temporary Locution ,
1206-1208 DOUGLAS ST. ,
MILLAUD HOTEL liLOOIC.
J !
HELL ?
and his
Hero is from n flash of brains of a 12 year old American young
ster as overheard by the writer of this , while dlsjtissins Kelly and
his army question "A century ago Washington bound the people by
congress" Today "The people are bound for Washington against f
congress" and the youngster received whtit he deserved a Nebraska
suit
Hoy's will be boy's some brighter some wittier some more
inischievions some playful bnt all born to wear pants. And to
keep them neat we imagine requires a good purse and sound
motherly judgement unless yon keep him in ti Nebrasl'a tough-
made suit
Now and then we arc complimented by utterances of a competi
tor , about having equally as good made , large assortment , or as low
prices as the Nebraska but it has no foundation
We carry the produce of every big manufacturer of the laud but
but not their ideas we have our ownV.iy about that part. We carry
out our own program regarding material and workmanship , to fit
and suit our well deserving reputation. In other words a boy's suit
branded "Nebraska , " must be perfect and serviceable , andcheaperin
price or else it shall find place in other establishments not here
A Dollar for a dollar and half suit , Two Fifty for a first rate four
dollar suit , Three and Quarter for a daisy live dollar suit is n re
cord we are proud of give you better satisfaction at that Finer
grades are about as near half as other quote them , as this is to your
eye.
Can you find a more comfortable or better lighted djp.irt nsnt
than ours ?
Make haste if you wish for a catalough setting scarce.
ST , JOSEPH , MO ,
We are Headquarters fen
WRITE
Represented in Nebraska by US
M. SACHS , FOR
N. H. COHEN , PRICES
LEO , F. WESTHEIMER ,
yon as cvcrvthlnc Is plili
remedy Itself of me , nil
Cliocolat-
Mcnlcr
the
FINEST
of all
Chocolate
unites in a perfect form nil tlie quali
ties everybody desires to find in his
food. It is as Nourishing as Meat ,
and still pleasant to take. It is as
Delicate as a Luxury , and still cheap
in price.
It is by far healthier than either
Tea , Coffee or Cocoa.
Therefore it should be made a household -
hold article for daily use , as it is in
France.
PARIS m&n \ ER LONDON
C ! ) Walmili Ar.i I'lilcjgu-SU \ . llruaUun } , Jf.
BIRWEY'8
Gafarrh Powder
ono application
Oures Head rtolsoo & .
pEAPNEBS.
Ctlt r vri4
uui nnoiU T pu , nil no.
rrliillrciitiuciitoreumplofrea
EoW by drutif Ista. BOc , . .
THE ALOE & PESFOLD CO , ,
1408 Farnam Street. fr
THE LICET DRUG STORE
Physicians' 1'uwrlptioim carefully prepared
lit low priced.
PROTECT YOUR ARM
by UHlni ; it
VACCINATION SHIELD
ONLY t5 ! CENTS.
rnnsn VACCINK IIKOBIVKD DAILY.
Burclc.il IiiHtrumontH , Ilouplttil A. Invalid S uiplleu
THE ALOE & PENrOLD CO. ,
OppOHllo I'nxlon Hold ,
LOOK FOR THU GOLD LION.
% Vo will iteod ynn the mnrTflnrn
French rritrnrallon CALTIIOS
frrr. and ! < ( < I rg : rauto Dial
( 'Al.fllUH will Ileoloro your
m itli , mrenffU * nu4 Vigor
Uititandfayi/tttllfJItt.
AdiiraaaVONMOHUOO. .
oU Jairku Al > U , CimdiuU , OU >
EXACT STUB MERCANTILE IS TUB FAVORITE TEN CENT CIGAR ,
Factory No. 801 , P