THE OMAHA DAILY MSE ; THURSDAY , MAY 17 , 1891.
JUDGE SCOTT KNOCKED OUT
Els Judicial Acts Find LHtlo Favor with
R Superior Tribunal
SUPREME COU.TT ON A CONTEMPT CASE
Arliltnirjr Unlln nf tlip iliiilgn In the Ciuo
' of Attorned Clalr mill Culili Ovi-r-
ruled \ > f UiolllglirUTrlli.inal
uf Ilin' Stiitc ,
One Ciinnlnghnm n. Scott , a judge who
prcnldcs over the criminal wcctlon of the
district court In this county , mot the supreme
premo court of the state Tuemlay after
noon , and camoj out of the contest
disfigured , being completely knocked
out of the ring and over the ropes ,
so to spcnk. In other words , this Judge
Kcatt was reversed by the members of lb/j
Btiprcmc beuch , and one ot his decisions
was set aside.
The case In which Scott was reversed was
from this county , and was one wherein ho
had found SilasV. . Cobb and \V. J. Clalr ,
two lawyerH , guilty of contempt , utter which
ho fined them | 25 each and sentenced them
tn twenty-four hours Imprisonment In the
county jail.
Tlio alleged contempt grew out of the fol
lowing proceedings :
At the February term , 1S'J2. of the district
court , to Judge II. J. Davis had been ns-
xlgncd for that term , the trial of alt crlml-
nil : cases In the court room designated as
loom No. 1. To Judge Scoti had been ns-
hlgncd the dockets , civil and criminal , In the
three Other counties of Hurt , Sarpy and
.Washington. However , before Judge Scott
went on his circuit of these counties , ho
charged the grand jury which all the judges
of the Fourth judicial district had , as pro
vided by law , called to convene In Douglas
c-oiiiily on thu opening of the February , 1892 ,
term of the Douglas district court. This
grand jury returned , among other things ,
nn Indictment against one Kdw.ird F. More-
iirty , a member of the Omaha city council ,
fur the alleged offense of soliciting a bribe.
Lnter , and on March 18 , 1892 , this Indict ,
incut against Morcarty was called for trial
before Judge Davis and u Jury , in court
room No. 1. Clalr and Cobb ( and thesj
young men only ) were his attorneys and In
nee ! charge of Morcarty's defense. On the
railing of the cause , and before entering
Morcarty's plea , Clalr nnd Cobb filed In the
oflleo of the clerk of the court , and called up
before Judge Davis , for a ruling thereon , n
motion to quash the Indictment against
Moreurty , In words and figures as follows :
MOTION TO QUASH INDICTMENT.
Comes now thp defendant In the above
fii Illed cause nnd mcvvs the court to quash
th ? Indictment h r ln for the follow.ng
reasons , towlt :
First. That the chnrpe heretofore Riven to
the grand Jury who found the Indictment
liereln , by the honorable O. H. Scott. Jmlgp ,
was Inflammatory nnd prejudicial , In that
wild charge aroused the prejudice of said
prand jury to that they were not fair nn 1
Impirll ' 1 grand Juro s. Said charge Is niel
In ire > Illce of the i lerk of this court , nnd Is
It n.ln referred to and made a part of this
motion.
Second , That the said Indictment does not
charge any offense under the laws of the
utite of Nebrn kn.
Third , That said Indictment Is Insufficient
Jn law und Is not specific enough. In that It
fails to point out what said claim and bill
of said C. E. Squirts' It was that was be
fore the city council , at the time of the
alleged commission of snld crime.
Judge Davis heard the motion and over
ruled It. '
Morearty's attorneys reserved an
exception and the trial proceeded by Im
panelling a jury and the hearing of evi
dence.
On the morning of the next day ( March 19) ) ,
, wWle Morcarty's trial was still In progress ,
3udge Scott , walked Into Judge Davis' court
room and took n seat upon the bench beside
'Jildge ' Pavls. Thl.s was just before the hour
for/the noon adjournment. Judge Scott hold"
n short conversation with Judge Davis , after
.v.'hlch the latter gave tlio jury the usual
ndmonltlon and adjourned the further pro
gress of the trial until the afternoon of the
same day. The jurors were filing out of the
room , when Judge Scott , still remaining
vented on the bench , held' up In his hand
the original paper filed in the offlce of the
clerk , nnd on which the motion to quash
was written , and asked Attorneys Cobb and
Clalr If that was their motion and whether
the names signed thereon were their own
To this Inquiry they both answered in the
affirmative.
JUDGE SCOTT TAKES A HAND.
Judge Scott then asknl the two attorneys
If they were willing to strike out the first
paragraph of the motion to quash and If
they knew of any statute authorizing the
filing of pucli a motion.
Mr. Clalr leplled by saying : "I win
state for myself that the motion was not
filed under any provision of the statute
tlmt I know of. 1 never looked to ice If
there was a provision of that kind , but I
propose to fix myself In such a position by
the filing of that motion
that If It were nec
essary , In taking this case to the supreme
court , 1 could raise tlio question as to
whether or not the charge to the grand jury
wits one which Is contemplated by the laws
of this state. I
simply did It as an at
torney. I did not do It for the purpose of
casting any reflection ono way or the other. "
Air. Cubb said : "I was n party to the
filing of the motion. 1 filed It myself. Mr.
Clalr and , myself prepared It In my ofilce.
J did It In good faith. I did It with no dls.
regard for the court who gave the Instruc
tions to the grand jury heretofore. I did
H utter consultation , and , in fact , upon the
euggestlon of ono of the oldest criminal
practitioners at this bar. In fact , to show
that I had no III ralth In the matter , I did
It thinking It was simply doing my duty
to my client and at the suggestion of this
attorney who has practiced nt the bar. I
do nrft deslro to give his name. "
Judge Scott Do you refuse to disclose
111' name ?
Mr. Cobb Yes , because I do not think It
necessary. An attorney who has prac
ticed at this bar for years , one of the best
lawyers , civil or criminal , nt this bar. Hut
I am not giving that to clear my skirls ,
but to show my good faith. And. as I
tried to say , I did It , furthermore , 1,0 that
ye , as attorneys for the defendant , would
Imvo the advantage of everything that was
our duty to toke advantage of , nnd I con
sidered It , nnd I consider It at the present
time , my duty to take advantage of every
thing that 1ms gone before the grand Jurv.
as well ns the jury. 1 think that Is what
an attorney Is employed for. I consider
that he would not be doing his duty If ho
considered that this might bo held by the
mipromo court ns ono of the grounds of re-
.vcrsal. I say that I consider that nn attorney -
torney would not bo doing his duty unless
lie did all these things. And with no dis
respect to the court I did what 1 thought
.was my duty to my client.
Judge Scott Do you know of any pro.
vision of the statute that makes that n
ground to quash ,
Mr. Cobb I do not know of any provision
In the statute. I do not know whether there
Is or not.
Judge Scott Gentlemen , you are both
young men and 1 do not wish to Injure you.
I know tlmt sometimes
attorneys , and espe
cially young attorneys , sometimes old ones ,
In the flash of the moment and amid ex
citement , say things und do things which
nro n reflection nnd which should not have
been said or put on record. You Bay here
that "tho charge of the court heretofore
Riven to the grand Jury who found the In-
lllctment herein , by the Hon. G. H. Scott ,
judge , was Inflammatory nnd prejudicial ,
pml tlmt , "said charge aroused the prejudice
pf said grand Jurors. " You both admit
jtliat there Is no ground laid down In the
( statute for quashing the Indictment ns con
templated by the mutters I have just read ,
k Jlr. Cobb I do not know that wo do ,
* Judge Scott I will give you on opportunity
f.o strike It out If you are so advised. U Is
direct ctmrgu at the court , ot prejudicing
J to grand jury by -Inflammatory charge ,
ou look at the word Inflammatory nnd you
prill see that It 1ms a bad meaning when np.
t > lled to n court. I will giro you an op
portunity to strike It out.
H , Mr. Clalr I would like time to consider It.
" 3udgo Scott You will do It now , or not at
fell. It Is my turn now ,
r Mr. Cobb At the present time I am not
prepared to strike out anything from the
faction that we Imva filed heretofore. In
Consideration of the fact that we are called
tapon peremptorily to do so now , or never ,
Ipy answer will be never. If I were oer-
milled to deliberate for an hour or two I
might be led to strike It out , but In duo con
sideration for my client , still believing that
that would bo one of the things that would
possibly promote his Interests In the trial of
this case If taksn to another court , I refuse
to strike out anything , so far as I am con
cerned , from the motion.
FOUND dUII/TY UEFOUB THIAL.
Immediately after Judge Scott had Judi
cially declared It his , not the court's "turn
now , " he made an entry In the criminal
docket , finding both of the men guilty of
contempt of court for having used the fore
going language In the motion , which had
been the day before filed In the olflce of the
clerk ot the court , and which had been heard
on Its merits before another Judge.
No sooner had the entry been made than
Judge Scott quit the bench In a passion ,
but the plnlntlffn In error persistently re
mained , Insisting that the court reporter
should record their protest against the Judge
making nn entry In direct conflict with the
facts. Thpy even went further and had
the reporter note that they objected "to
the court leaving the bench and refusing to
hear any statements made" by them. At
this Juncture the Judge returned nnd said !
"Tho liavlng of the court of the bench
was simply because the court would not
hear any further statements regarding the
case , but the court gives them full right
and opportunity to state their objections
and take their exceptions on the record. '
OIIDKUKD THEM TO JAIL.
On the morning of March 21 the Journal
of the court was amended and signed. A
motion for a new trla 1 was made nnd
promptly overruled. A request for a sus
pension of sentence was denied with equal
promptness , and not until the supreme court
was appealed to were the two men released
from prison.
The attorneys prepared the bill of excep
tions nnd presented them to Judge Scott in
the afternoon , as he was leaving for Durt
county , but Instead of signing them he
tucked the documents Into his pocket and
carried them away , returning them some
days Inter.
In going to the supreme court the de
fendants contended that there were the fol
lowing errors at the alleged hearing :
First , the motion did not constitute a
contempt of court.
Second , that If It was a contempt It was
a contempt against the division presided
over by Judge Davis nnd was no contempt
against the Judge of another court.
Third , that If It was a contempt in Judge
Davis' court Judge Scott was without au
thority or Jurisdiction to enter an order.
Fourth , the- charge to the grand Jury- was
Inflammatory.
Fifth , the punishment was vindictive and
was Inflicted to avenge what Judge Scott
conceived was a personal Insult to him ; It
was not to protect the dignity of the court. "
LANGUAGE OF THE CHAHGE.
The opinion , from which there was no
dissent , was prepared by Associate Justice
Post. Seldom in the history of any supreme
court has a district Judge been EO severely
and pointedly rebuked by an appellate court
as In this case. Justice Post couched hU
rebukes in tlis refined verbiage of the bench ,
but the language Is all the more cutting b3-
catise of Its refinement.
The charge to the grand Jury of which
the attorneys complained was characteristic
of the judge that delivered It. A few sen
tences will give an Idea of its general tenor :
If anv public olllccr converts the pub
lic funds * * he Is also a criminal ,
und you should not abate your energy , ur
forgot your obligation , or be discharged
until all of such public ofllcers , whether
now In or out of olllce. are made to know-
by proper bills of Indictment ( If the evi
dence can be had belnre you by th'j exer
cise of diligence on your part ) that the
people will not longer be robbed by their
public officials without a protest , so long
oa there remains room for convicts In
the state penitentiary and a grand jury
can be found to do Its duty.
To call such : xn ofllcer a thief \\ould
be flattery. That such poisons have held
ofilce within the boundaries of this county
nnd within the stntute of limitations IH
quite manifest , unless all Indications point
the wrong way. Nor will you have to
exercise a very high' degree of diligence
to llnd , .them It you are 'looking for public
criminals. * " '
A little well directed effort on your part ,
as grand jurors In the direction here In
dicated would doubtless ) open up a field
Jnto which a. .stone could not be thrown
without hitting a irlmmul. You fhould
see to It that that stone Is thrown , and
thrown hard. You owe It to .vourholveM ,
the people whom you represent In your
present service , nnd to your sworn obli
gations , to make that effort , and to irnke
it with such nn uncompromising1 zeal that
hereafter a mark mare limYlllhlo than that
put upon Cain Hhnll be stamped upon
thplr foreheads , murklng them us "tleket-
of-leave men" and moral blisters upon the
body politic. There comes up from the
people for a forward march nil along the
line of your duty. You should give heed
to that cry , for It cornea from u patient
and long-Hiifffitnsr endurance which has
at last reached Its limit.
Speaking of the charge to-the grand Jury
quoted , Justice Pott Hays : g
OPINION OK JUDai3 POST.
"Fuirly consttucd , the charge under con-
slderntlon Is an Impassioned .appeal , if not ,
Indeed , an express direction to the grand
Jury to prevent by Indictment certain per-
Kens not named , but \\lio are assumed to
be guilty of the crime of bribery ,
"In that sense , if not Inflammatory , It Is
at lenst what In the HClt'iice of medicine Is
denominated heroic treatment. In directIng -
Ing the attention of the grand jury to par
ticular .subjects of Inquiry or to pnitlculnr
offenses or Classen of offenses , n Inrge dis
cretion Is conferred upon the presiding Judfo
and which discretion appellate courts will
not iiHSUmo to control. In this Instance wo
aHsume that sufllclent ground -existed within
his knowledge for the giving of ( 'special
emphnsls TO the crime of bilbery. Hut
when resort Is had to a leniedy KO drastic ;
ns that here adopted It must be with the
understanding- partlOM whose lights
arc affected thereby may , by a proper pio-
ceedlng , call for Judgment upon the action
of the court or Judge In order to determine
whether theio has been nn abuse of discre
tion to their prejudice.
"We arc constrained , after a careful con-
sldcuitlon of the subject , to regard the ob
jection made to the charge , so far as It
assumes the commission of the crime of
bribery , as a metlted criticism , While
doubtless intended as an admonition to the
Jurors with respect to their duty , It cannot
be "construed otherwise "than ns nn Invasion
of their province" which amounts to an
abuse of discretion , "
Justice Post then takes up the discussion
of the hISlory of the contest In Knghind
between the people and the commons on
one side and the ministers and judged on
the other. He clten numerous authorities
to prove the dnligerouH tendencies of the
courts to ronliol und direct the action of
grand and petit JUIOIM. Coming back to the
case nt IHSUP , he concludes :
"Here , although the charge docs not point
to any tinrtlciilai * pel son , It IH emphatically
declared that the cilnuof bribery and re
ceiving bilbes by public ofllcluls hud been
recently committed In Douglas county , ac
companied by direction to the jurors to In
dict name person or persons therefor and a
reminder that a demand has cumu up from
the people for a forward march and that
a patient and long suffering endurance has
at lust reached Us limit ,
"The icfcrenco to the conditions of nubile
sentiment above mentioned in C'speciiilly un
fortunate and for which the charge IH Justly
subject to ciltlclsm , Public- sentiment In a
representative government controls In the
solution of political questions , but we recognize
ognize- It a dangerous force when it seeks
to dictate judicial decisions.
"It Is conceded that thu remedy was by
plen and not by motion to quash. But , as
wo hiive seen. It was Mot party's right to
put In Issue the question of the propriety
of the charge , and the fact that he mistook
his remedy to his prejudices wo regard ns
unimportant. The accused nppears to have
anted In perfect good faith In advising and
signing the motion and should not be held
to n stricter liability than he would hnvo
Incurred hnd ho alleged the same facts In a
plea In abatement.
"Thu Judgment of the district court Is re
versed und remanded for further proceed
ings lii accordance with the views herein
Little pills for great Ills : DeWitt's Little
Early nisers.
Charged with Wheel Stealing.
Yesterday a warrant was sworn out for
the arrest ot W. Wnrrlngton. The warrant
cites larceny as bailee and arises from the
fact that on Monday Wnrrlngton wont to the
Omaha Hlcyclo company and rented a wheel
valued nt | 75. Ho agreed to return In a
couple of hours , but has not yet put In an
appearance.
ft was learned ho left for Grand Island
and the authorities there were notified.
HOMKSKKKKKV ixCtJU810N8 : SOUTH.
Via tlio Wabuili Knllrtmd.
On May 8 and 29 the Wabash will sell
round trip tickets at ono faro to all points
In Tennessee ( except Memphis ) . Mississippi ,
Alabama , Louisiana ( except New Orleans ) ,
Arkansas and Texas , For tickets or descrip
tive pampulets of land , cllmato etc. , call at
Wabash ticket offlce , 1502 Farnam street , or
write G. N. Clayton , northwestern passenger
agent , Omaha , Neb , .
MYDEN'S ' THURSDAY SALES
Big Eusb on Hot W athcr Drcsa Goods
Pour-Hour Silk Sale ,
HOSIERY , UNDERWEAR AND STRAW HATS
Spochil Thursday Priced JMrnn More
Tlinn Moat hpeclnl .Silica Ilrloiv Arc
.Trice * tlmt AMU Snvo Money to
the Purchaser Coupons Given.
WASH DUESS GOODS.
mo nusn ON HOT WEATHER DHESS
GOODS.
Wo wcro forced to Increase our help in
this department.
Our immense selection and our low prices
on wash goods are drawing new faces to our
store dally.
40-lnch-wlde Irish lawn , lOc yard.
Amoskcag crinkled seersucker , Gc yard.
Parkhlll zephyrs , lOc yard ,
Dlack ground pongee , lOc yard.
All colors In crystal and serpentine crepe ,
ICc yard.
All colors In chambray , lOc yard.
Printed Jaconet lawns , cither white or
black ground , lOc yard.
10-lnch-wldo lawn , 8c yard ,
White dress goods In mill remnants , Co
and 8c , worth three times the price.
Mill remnants of black saline , Cc.
Ilcmnants of shirting , 5c yard.
nieachcd or unbleached Turkish towels ,
5c each.
Mill remnants of half-bleach muslin nnd
line cambric muslin , worth Sc nnd lOc ;
Hoydens' price , Co yard.
Itcmnant sale on wash dress goods of
every description.
Remnant sale on table linens.
If you wish to save money , and would
like a little assortment before you to select
from , you have got to go to Haydens' .
Largest stock nnd lowest prices on dress
linings.
Bo sure and get your coupons.
HAYDEN BROS.
. SUMMER WEAR.
Hot weather hosiery , underwear , gloves ,
' ' '
waists , etc , " ' . ' 7
1 case of children's fast black cotton hose ,
Hermsdorrf dye , only 12i c per pair , regular
25c quality.
1 case of children's fast black cotton hose ,
extra quality , Hermsdcrff dye , only 25c per
pair , worth 40c.
1 case of children's tan colored hose , In all
slzea , only 19c per pair , special value.
Ladles' fast black cotton hose , full seam
less , only 15c per pair , worth 25c.
1 case df ladles' fast black cotton hose ,
Hermsdorff dye- only 19cj worth 35c.
BOO dozen gents' cotton half hose , full
regular made , ' black , tan nnd balbrlggans ,
only 12V&C per pair , worth 25c.
Ladles' Jersey ribbed vests , 4c , worth lOc.
Boys' Fontlerpy waists , 60c , worth $1.00.
100 dozen gents' nightgowns only ZSc.each ,
worth G0ck „
EO dozen gents' gowns , worth ? t.OO to $1.50
reduced to 50c.
1 case of ladles' silk mitts , extra heavy ,
75c quality , reduced to 50c. A souvenir
spoon with every pair.
HATS , CAPS AND STRAW GOODS.
All the leading , styles for men's , boys' and
children's hats.
Men's straw hats , the popular and correct
styles , 50c ; others ask $1.25 nnd $1.50.
Men's straw hats IGc , 25c , worth 50c and
7Gc.
7Gc.Boys'
Boys' straw hats 25c , 50c , worth 7Gc nnd
$1.00.
Children's fancy straw hats lOc , 15c , 20c ,
25c.
25c.Tho
The latest styles in ladles' sailor In white ,
black and blue and brown. 50c , 'worth $1.50.
Men's fine fur derby , 75c , worth $2.00.
Men's fine fur fedora , 75c , worth $2.00.
Boys' fancy hats and turbans , 25c , worth
75c.
75c.Men's fine soft hats , v$1.00 , worth $2.50.
URESS GOODS
TO CLOSE OUT.
The balance of some of our small lots we
have decided to begin right now and
\yljl for ; the next few days offer bargains
'Wnlch ' simply defy competition and which
means that you can buy a dress for $2.32
which would have cost you $4.25 thirty days
ago.
ago.We
We are going to divide these goods Inlets
lots 1 , 2 , 3 und 4.
Lot one will contain our 39c. 49c and Me
goods , und for this sale our price will be
29c.
29c.This
This Is cheaper than they will be after the
tariff passes.
Lot 2 contains our half wool challle , sold
everywhere at 12'/&c to IGc , and our price to
close this lot Is 5c yard.
Lot 3. Here's where we take our medi
cine.
cine.Goods
Goods wo sold for G9c , C9c and even as
high as 79c , sale price 3Ue.
They Include a 40-Inch all wool serge ,
worth 59e , .
Lot 4 is four hundred nnd thirty-nine
remnants of dress goods costing all the way
from 40c to $1.00 , and we will put our
uniform price of 25e to close them nt once.
Now If you expect any of these bargains
come early Thursday , as the ball opens at 9
a , m. that day.
HAYDEN BROS. GREAT
FOUR HOUR SILK SALE. .
Our determination and ability to , got nnd
to glvo the very best goods for the very
least money , wo demonstrate dally In our
silk department.
THURSDAY MORNING'S 4-HOUR SALE.
Printed china silks , worth 35c a yard ,
from 8 a. m. to 12 at l.'c a yard.-
Printed china silks , worth BOc a yard ,
from 8 a. in. to 12 at 29c a yard.
Printed china silks , worth C5c a yard ,
from 8 a. m. to 12 at I9c ! n yard.
Natural pongee bilk , worth 50c a yard ,
from 8 a. m. to 12 nt 17c'a ' yard.
THURSDAY AFTERNOON.
Cheney Bros' . $1.00 quality printed silks ,
from 1 to 5 p. m. at G9c a yard.
Genuine Jap printed silks. 28 Inches wide ,
worth $1.00 , from 1 to 5 p. m. , 59c a yard.
Black silk grenadines , worth from $1.25
to $2.00 , , guaranteed all pure silk , from 1
*
to 5 p. ) n. nt S9c a yard.
Cheney Bros' . 30-Inch India silks , In plain
colors , from 1 to B p. m. nt G3c n yard.
Novelty silks und satins , worth $1.00 and
$1.25 a yard , from 1 to' G p. m. ' only C8c a
yard.
Superior silks for surprisingly little money
HAYOCN BROS.
.
Arollo club coi csrt tonight , Itoyd's theater.
Tickets , 50c , 75c , $1.00.
IViift a Rood Sliii\v.
Lemen Tires , ' show
gave two pleasing en
tertainments on North Twentieth street yes
terday , the parade In the morning being
made quite a fo-ituro. Taken In Its entirety
the show Is worthy of conscientious endorse'-
ment , being devoid of the clap trap and
tinsel which usually characterize tent exhi
bitions. The clicus features are excellent
the acts of the Pqttlt brotherti on the nerlal
bars. Hose Maretta on the trapeze and the
acrobatic work of the Lu Hue brothers being
on a high plane. The boxing contest be
tween a kangaroo and his trainer Is not
only a novelty In the line of cnttrtaliimont ,
but an object lesson as well , for It shows
how the kangaroo dcfemls ts.elf when at
tacked , The riding Is good , and the per
formance has lota of sjiap and go.
Pills that cure sick headache : DoWltt's
Little Early Risers.
Another Case of Hlcctrnlyslit.
Another case of electrolysis was dls-
covered yesterday by the repair gang of
the Board of Public Works. There Is about
seventy-flvo feet of lead pipe on Seventeenth
street between Iziird nnd Cumlng streets
which connects with a flush tank. Several
days ago the pipe -sprung a leak and since
then the men -ihtxvo been looking for the
break. Yesterdaruthey took up about tci
feet of the pfpor.nnd found that It wan
eaten as full at boles as a sponge. It I
practically worthless and will have to bo
replaced by a new pipe.
LOOTED A TRUNK.
Iltirglnrs Mnke n .SuorraHfiit Knld on t
ItmmlltlK HOUKC.
At 3 o'clockyesterday morning the rest
dcnce of Mrs. 3Tuttle , Nineteenth and Call
fornla streets , was entered by burglars ant
about $200 worth of property taken.
Mrs. Tuttle Is proprietor of n boarding
house. The basement Is used as a store
room for the trunks nnd baggage of the
guests , nlso as sleeping quarters for the
domestics. The door leads Into the street
and last night , for the first time to the
knowledge of Mrs. Tuttle , It was left open
The thieves entered here and opened nn
Immense traveling trunk that belonged to
Mrs. Butler , ono of the guests , nnd tool
everything In It. They had removed the
fastenings on another trunk , but were
frightened away. At ten minutes to 3 Mrs
Tuttle's daughter was nwnkcned by n noise
that Bounded something like the gnawing
Of rats. She had a valuable sealskin cloak
hanging In the hallway and went to see I
It had been molested by rats. She saw he
cloak was nil right nnd returned to bed
She heard the nolso when she stepped Into
the hallway , but then It suddenly stopped.
Apollo club concert tonight , Uoyd's thcat r
Tickets , 50c , 7Gc , $1.00.
1'rotertliiB Cottolcno.
The N. K. Falrbank company of Chlcngi
have lately brought suit In the Unltc (
States court against W. L. Henry of this
city for $3,000.00 for Infringement of their
trade mark , "Cotloleno. " The N. 1C. Fair
bank company sots forth that they orlgl
nated , prepared , and put upon the marke
a new food product consisting of reflnei
Cotton Seed Oil and a small proportion o
Reef Suet , making n pale yellow materla
of the consistency and substance of lard
almost without odor and Intended to take
the place of lard In cooking.
In order to Indicate the source and genu
ineness of their new food product , they
originated , coined , and use ns a trade mark
the word "Cottolene. " The hcalthfulness
and many other advantages ot Cottolene
over lard were so apparent that Cottolene
became nt once very popular and Is no\\
largely sold all over the country.
The new food product and its name "Cot
tolene" have become widely known as the
product of the N. K. Falrbank company.
The trade mark Is described as a "trade
mark for Oleaginous Food Substances , etc. , '
"consisting of a head or neck of a steer
or other bovine partially enclosed by sprigs
and branches of the cotton plant. "
The N. K. Falrbank company charges that
W. L. Henry of Macon , Ga. , a dealer In
fresh meats and food products generally
has been and Is endeavoring unlawfully to
avail himself of the benefits of the name
"Cottolene" and Its popularity ; that he has
been and Is selling a product similar In
kind , but Inferior In quality , under tli'e name
of "Cottolene" to the Injury of the orlglna !
and genuine "Cottolene , " and to the loss and
Injury of Its manufacturers , tho. N. K.
Falrbank company.
The Infringements upon the trade mark
of "Cottolene" have become so frequent ,
and so many dealers are selling an Inferior
article and claiming It to be Cottolene that
the N. K. Falrbank company are deter
mined to protect their customers nnd pro
pose to sue every retail dealer who Is thus
Imposing upon tils customers and infringing
upon the N. K. Falrbank company's trade
mark. Telegraph , 'Macon ' , Ga.
NEWSPAPER WOMEN.
Party of Them Visit Ouinlm Knrouto Kust
from llu'll'iielllc Const.
A delegation ot 'the Women's National
Press association arrived In the city from
the west yesterday afternoon. They are on
their way tonWashlngton from San Fran
cisco , where Jhey have bcn for the past
month taking In the Midwinter fair and the
sights along the Pacific coast. They came
In over the Hock .Island In the Pullman
special , "Demarara. " After a stop of about
two hours they continued their Journey east
over the Northwestern road , and will be In
Chicago today , where they will spend n
couple of days. On their arrival In Omaha
City Passenger Agent West of the North
western met them and gvae them n birds-
eye view of the city from the observntory of
the New York Lite building. They visited
The Bee building nnd expressed great ad
miration for It. The women said that The
Bee was the first metropolitan paper they
had been able to procure since leaving San
Francisco , and when a newsboy got on the
train they bought all the papers he had.
After visiting the city hall they took a light
luncheon , and when the C:30 : Northwestern
train pulled out they waved Omaha goodbye.
Mrs. Mary S. Lockwood , president of the
association. Is an aunt ot Mrs. Guy.'C. Bar
ton , and was met at the depot by her rela
tives , who took her In a carriage to their
home , where they entertained her at dinner.
Some of the ladies would have liked to stay
here longer to more thoroughly visit the
city , which they had heard so much about
and knew EO little , but no provision could
bf made to change the program on such
short notice. The women are the Washing
ton correspondents for a number of dally
papers , and ore bright and entertaining
writers. Ellen A. Hlclmrdson of Boston
was one of the judges on art at the World's
fair.
fair.All
All cxpreshed great sorrow over the death
of Frank Hatton , editor of the Washington
Post. When they left Washington Mr.
Hatton accompanied them to the depot and
wished them a pleasant journey and a safe
return. The members ot the party are :
Mrs. Mary S. Lockwood , president and edi
tor of the American Monthly ; Mrs. Elvira
Bliss Sheldon , secretary pro tern and corre
spondent for the Washington Dally Times
and Canton Clipper , Canton , 111. ; Mrs.
Joanna W. Turner , chairman transportation
committee and political correspondent ot
AVIsconsIn State Register ; Mrs. C. N. Huls-
ton. Woman's Tribune , Washington ; Mrs.
Emily Thornton Charles , Brick Pomcroy's
Advance Thought ; Mrs. J. A. Anderson ,
Philadelphia Dally News ; Mrs. J. L. Me-
Creary. Humboldt ( Iowa ) Cosmos ; Mrs. Ellen
A. Richardson , artist nnd magazine writer of
llo.iton ; Mrs. Mary Whitney Emerson , artist
nnd associate editor The Epitome , Washing
ton ; Mrs. M. K. McNelll , Greenville , S. C. ,
Mountaineer.
With the party as Invited guests are'
Judge * Gcorgo L. Clark , George W. Gray.
Miss Bertha Gray , Mrs. M. J. Fowler , Mrs.
S. E. Thompson , Mrs. V. A , Thompson ,
Washington , D , C. ; Miss J. Henkclmun ,
Baltimore ; Miss E. T. Ward. Mrs. W. 11.
Moses , Mrs. II , aShSnydor , Major Samuel H.
Walker , Arthur1 ! ! . Walker , Dr. Thomas H.
Vincent. Washington. D , C , ; Mrs. 11. N.
Jones , Montgomery , Mo.
Sweet breath , isweet stomach , sweet tonv
per ? Then use 3)cAVItt's Little Early Riser *
o
Allliln\ltH.
Additional affidavits have been filed In tlio
garbage suit ofillmiry Coombs nnd , others
against Alexander Macdoiuild and others ,
This tlmo Solan L. Wiley and Macdonald
make affidavit 'to ti state of facts In which
they enter a general denial to the charge
that they were In mny deal to defraud the
city with reference toi the hauling and dla-
poaltlon of garbage. They also deny that
they over employe ! ! R. < 8. Berlin to contract
for them in any 'particular.
DoWltt's Little Karly Risers. Small pills ,
safe pills , best pills.
Awarded Highest Hono.rs Worlds-Fair.
G f
akin
, ,
owder :
Tbeonly 1'ure Cream of Tartar Powder. No jynnNjnja ; No Alum.
ed in Millions of Homes Ao Years the Standard-
DAiNGliRS OP DKliSS ,
llovr Men nnd Women Hun Orent
During the Summer In the \Vny They
Are Clothed.
Few people think nt this time of the year
of the great Importance of dress.
In the winter people dress warmly because
they know It Is a necessity , but tn the sum
mer , when It Is hot , they go to the other extreme -
treme and even dress too lightly. Hot
weather causes people to use light clothing ;
hut snddernly the wind changes , the air
becomes chilly , and n cold Is pretty certain
to be the result.
Now , where most people nniko a tnlslnkc
Is In not guarding against these sudden
changes quickly and In tltno. Any man or
woman who has on n light suit of clothing ,
and feels a change which brings a chili ,
ahold at once counteract the chill , This cnn
only be done by the use of some pure stimu
lant , not gingers or hot drinks , but a pure
medicinal whiskey that will refresh the sys
tem , cause the blood to circulate , ami bring-
about Immediate reaction. There Is but ono
medicinal whiskey that will do this , nnd
that Is Duffy's Pure Malt. It has for twen
ty years accomplished what has never been
known before In counternctlUK- tlrst
symptoms of sudden colds and preventing
the possibility of pneumonia , fcveis and all
the distressing complaints which follow any
cold.
It should be remembered , however , that
Duffy's Pure Mi It Is th on y whl key \\hlt h
will certainly accomplish this , and however
much dealers may talk to thu cnntriuy , It
alone should be taken.
FORE ?
This extra
ordinary Kc- Constipation Ulutncia ,
Juvcuator Is ,
the moot KallInK Pen-
wonderful * ationsNetv
discovery of OUStWltChiDR
the age. It of the eyes
has been en and other
dorsed by the I < a ts.
leadlngeclcn- Strengthens ,
tlfio men of Invigorates
Europe and and tones the
America. en'lresyfctcm.
Hudyan Is Hudyan cures
purely vcgo Deb 111 ty ,
table. Nervoiisncts ,
Hudyan stops Kml ssloiif ,
Prematureness and develops
of the dis and restores
charge In 20 weak organs.
days. Cures Tains In the
back , losses
LOST by day or
MANHOOD nljjhutopped
quickly. Over 2,000 private enrloisements.
Prematurenesa means impotency In the
first stage. It Is a symptom of seminal
weakness and barrenness. It -an bo
stopped In 20 days by the use of Hudyan.
The new discovery was made In the HPCC-
lallsts of the old famous Jlmlsou Medical
Instltuie. It Is the strongest vltullzer
made. It Is vnry powerful , but harnilvsM.
Sold for $1.00 a package or nK psn-kaKt'S
for $5.00 ( plain sealed * boxes ) . Written
guarantee given fora cine. If you buy
six boxes nnd are not ontlrelv cured , six
more will be sent to you free of nil eliiirues.
Send for circulars and testimonials. Artdrens
HUDSON MEDICAL INSTITUTE
1032 Market St. Sn.ii Francisco , Cut-
ofa-Glieir ,
If ycu want your Innings In the great
Game of Comfort , you mubt speak for one
of these sofa-chairs.
Jt Is a sofa \\-ltliout the size and bulklnea
of a sofa ; it Is an easy chair with twice the
comfort of the most luxurious chair. There
are six adjustments of the back , and with
these It meets the needs of every hour and
the reputrcnjents of any occupation , \\hether
conversing , reading , smoking , lounging or
sleeping.
The frames are very artistically designed
and there are extra broad supports for thu
arms. A new Invention Is the Patent Rachel
arm , which Is a lever by which the adjust
ment of the back can be changed at will
without disturbing one's seat or Interfering
with comfort.
In buying furniture this spring please 10-
member ono thing : \Ve have recently bought
a stock of $70,000 at the very lowest mar
ket pricesnpil there Is nothing In the fur
niture line that we cannot hiipply.
Prices absolutely the lowest.
Chas. SMverick SL Co.
FURNITURE of Evary Dosorlpt o i.
Temporary Location ,
1206-1208 DOUGLAS ST. ,
MILLAUD HOTEL BLOCK.
TUB UllKiT
HINDOO REMEDY
FOI DITE8 TIIK ABUl K
ltl > L'l/JS III 8O1IAVN. , „ , „ ull
NCM-JUII IHiinncii , I'ullluir Memory , -v " ! vx
1'arc. li.MviiiilriMictii.WeiiLnriseln ! \ .IJ
rauielbyi > uitaliu > p auaiuUkly | liut uirly irilom
l j.t * nnliout ! In oliloryoiiiiB.Kn-.lly cm rfiil In vrtt
pockot. : 'ri-o | l. < 'ln'aclnKi' ( | . HU furi.mnImu
pl-lllrnitiiarntitt-fliiriirvurmoiiryrcruMilrit. Doli'l
> Miit u > i imllatlmi but tntltt on li/nlnir I.MtAI'O. U
irourdriifft iwtIIUMinttt < ot It H uill fi'iuilt tiifintld
Urlrnliil JUidlral Co. . ( IliriCO , ILL , or ll.tlr Bul. .
BOi.U hr Knhn A Co . Cor. 151 li nnit lloiieiau Hti , nnd
J.A , 1 ulltriSCo. , Corlltli > VluuRla titi > , u.MAIIA
flrnold's tlromo-fieierg.
RolenJlil cnratlvo iuont for JsVrvoun or Hick
loatlncho , llruln . xunuktion , HteuplCKsnegrt ,
. l > clt' or Keiicrnl Seiinilttiut a ) ti tor Jtlmu-
matUnit Oout.Kldnoy nihoulcrw. AtU 1 *
* " * * " toy * "
iH > iwl r Ameinl"ii."X'nlfdfoTe"for Alcohcfiu
mid other otceiJte . 1'jlcc , JU , ' uudOJceuta ,
JjUervcxeut.
THE ARNOLD CHEMICAL CO.
101 S. Wcitcrn Avennn.
Vor eale by all druggists.
NEBRASKA
NATIONAL BANK.
7. 3. Dopoaitory , Omaha , Nebraska
CAPITAL 8400,000
ETJHPLU3
Officerand DlrccioraHenry \V. Yi'Jt , pm
dent : John 8. Collins , vie. ) nritlilail , Lnvli H
Heed , CasUlerWin. . 1L H. iluvlnt , .mltll'H
caaolurTHE
THE IRON BANK.
Score 9 to 0
Tlmt phenomenal buyer of ours pitched n p.atnc for tlio .Nobniyka the
other tiny nnd won It lininls down , "i1vng \ n pitch and a drop , nnd a whl ta
wash for u team of picked pfofusstonul buyers of the country. Heap yel
low tnutul ilono the coauhlii , and wo scored 0 lines of suits without a put
out. There wits Crumbling and cries of foul tut usual but the umpire
snld fair play , bought the wine , and wo finished tlio game with a homo
run , nnd hero they are :
< ft " 1 P fl
1st INNING A line of till wool dark cassimoro suits , \ I hlg
dirt cheap at $13.50 UPlsJU
2nd INNING A toad of all wool cheviot suits of dark / nfj
irruy mixture , worth not less limn 813.00. . I I vU
3rd INNING A lot of all wool cassimoro suits a neat * y
bllio invisible stripe ut least , a $13.00 ar- f
tide | B <
4th INNING A doitblo-broastotl brown check , all wool / Hjl
and honest value at $13.50 iaUU
Cth INNING A lot of sinjrle-breastcdbluc-chockcu suits "y
of all wool tweed can't touch 'em.for loss f
than $13.00 I B
g
8th INNING A load of suits , strictly all wool , lijjht blue T
foreign design of Scotch cloth , worth $14. I I
9th INNING A lovely pin-ohcckod cheviot double- f Rfl
breasted Mill , well worth $13.50 i IUU
Elaborately Trimmed ami Perfect Fitters.
Now Is Yours Chance for n Game Whitewash Us.
The
Chocolat = Menier.
life reasons are :
Tea and Coffee create nervousness with
a people too nervous already ;
Bitter Chocolates are not lit to in.ike a cup
of chocolate ; cheap ( sweet ) chocolates are
impure , hence injurious ;
COCOA is no more like CHOCOLATE
than Skimmed Milk is like Cream.
CIiocolat-Menier is an exquisite Vuniila
Chocolate , as nourUhiiur ; ls meat , as low
priced as other beverages , and /.rr w/viior.
Ask for yellow wrapper. Your gn > cer lias it.
PARIS Ej E ifti 0 E 1 LONDON
fiOWnbaih Ai. , Clilnifft > - ! > ( J \ \ . luuil ! aj , > . If-
THE ALOE & PENFOLDCO ,
1408 Farnam Street ,
THE LION DRUG STORE
W. I. SKVMOUB RKAUl'ATi : OPTICIAN.
OI'EHA AND UKAD1NU ( U. VS.SIN.
SPKCTACMS AND KvKui.ssis. : .
The Aloe & Penfold Co.
1408 FarmmSt. , Opposite Pnxtou Hotel.
Heatlaehs , Catisjd by Eye Strain ,
Many percons wliono lii > n < ln nru ii > rint.inlly nch-
IIIK IH.-U no Idea wlint relief nrli > nliriHilly fit-
led Blneisi'a will ulve Ilimi. This llii-my IK now
unlw-ipally established. "Improperly llttvl KHIHHCH
will Im.ulalily IIHTI-HUD the nouhlc unit limy
eail to TOTAL IIMNDNIWH. Our uljlllly to
ndjust Kla > < aen fafely nnd loriwlly IN Ut'yonu
mention. Consult ue , Hycs touted fire of charge ,
THE ALOE & P.ENFOLD CO. ,
I'.ixton Hole ) ,
JO01 KOIl T1IC CJOI.U I.ION.
GU1QN STE&NIP GO , . < . . .
PtfHiiiBlilpniiall Korlnlitliily hi-tuciMi
NEW YORK and LIVERPOOL
VIA QUIKNSTO\VX. :
Arlronn , Mny 'Jil.'Ji.lOA MArloim. . Jium i.MS A. M
AluHltn , Jiiuu u , lit AMAlaoku , S.iturilny. Julyu
Cabin , $30 ami iirnvimlB , acvonllni ; tolocjllani
Hccoiul cabin , * J6 ; Hteer.ii.-u. * 'J3.
Rcriitlnir nml nit KonulxltoH furnltlntl free.
HIONDKHSOH IIKOTIIKUS , AtruntH , Ulilu.1o.
H. 1 ! . MOOHKSViiua tli Corner , - > t CUAS. KEN
NUD V , C. U I. A. I' , Ily.Onulu
We make-
To Orclor
for as lilllo as
$5-6-7-8 \
We make
To Order
for as little as *
$20-25-80
Y OU see the satnc priops olso- Jj
where , but they have a
voty very dlfforont moan
ing when Nicoll'fi name is
alongside
Have you ever tried us ?
207 So. 15th.
JRTA
EXACT SIZE PERFECTOJ
THE MERCANTILE IS THE FAVORITE TEH CEHT CIGAR ,
For ealo by all First Cltias Dealers. Manufactured by the
IK. . KICK MERCANTILE CHJAK CO. ,
Factory No. 301 , St. Loulb , Ma ,