OTSFATTA TIATT/V TIMI < > TMUIRT > AV. APRIT , on. isns. PrTIIE OMAHA DAILY BEE COUNCIL DLUFFS. OFFICE , - - NO. U Piuni * BTHEET Otllrered bj carrier to any part of Ihe eltf. ' H W. TILTON , Lessee. TELCPHONES llu lnes otDce. No. : night editor , No , 23. Mttf > TWX ! > . Grand , Council Blurts. E , F. Clark , prop Maync Heal Estate agency , 635 IJroadway. H. Vf. llutterflcld returned a few days ago /roni a vlett to Quasqucton , la. , where he was married to Miss Mlna Illddlnger. Dr , Keller will lecture before the nurses at the Woman's Christian association hospital ' "The Distinctive Fca- at 11 o'clock today on tures of Homeopathic MeJIclne. " The funeral of Daisy White will take place this morning at 10 o'clock from the residence. 1C18 South Eighth street , and the remains will bo burled In Falrvlevv cemetery. N. N. Jones , warden of the penitentiary at Fort Madison , Is In the city stopping at the Grand hotel , and will take back with him tonight Wilson and Smith , the Grlsvvold bank robbers. The Veteran Firemen's association will give a ball on Wednesday evening , May 1 , at the liall of the WooJmen of the World. The membsrs of thf association will be present In their new uniforms. One of N. W Williams' teams with a wagon attached was frightened Tuesday afternoon and ran down Glen avenue , striking n tele Kruph pole at the Intersection of IJroadway. Ono of the horses broke two of Its legs and had to he killed. The county Jail will bo nearer empty today than It has been before for a long time. La < t week there were forty Inmates , but today there will bo only about ten. Judge Woolson lias decided to rend hereafter most of the convicted bootleggers to the jails In country towns , so ns to leave room In the jails at Council llluffs , DCS Molnes and Kcokuk for parties who have been arrested and are wait ing their turn at the mill of Justice. Ellen , wife of C. 11 Mitchell , the contractor died at the agu of 01 years yesterday morning of kidney trouble , after an Illness of seven weeks. She leaves five living children. Slit was born In Oxford , Chenango county , N. Y. im.l w.is married In rittsfleld , Mass , In IS , " I Twenty-three years ago they moved to title city from Marengo , la , and have lived here over since. The funeral will occur Friday afternoon at 2 30 o'clock from the residence e corner Ninth street and Twelfth avenup. T o desirable cottages for rent. Plenty ol money for farm loans. Fire Insurance Mon ° j loaned for Iccal Investors on best of security Special bargains In real estate. Lougee & Towle , 235 Pearl street. Yes , the Eagle laundry la "that gooO laundry , " and Is located at 724 Broadway If in doubt about this try It and be convinced Don't forget name and number. Tel. 157. All kinds of plants and flowers. J. R. Me Pherson , green houses 1250 E. Pierce st Telephone 244 , night or day. Hay for salt , by the ton or carload. W. A Wood , 520 Main itr"et. 1'lUtbOX.lI , I'A It KlItAl'JIS Congressman A. It llager of Greenfield , la. registered at Iho Grand hotel yesterday. G. D. Sutcr , hupremo grand deputy of thi Independent" Workmen of America , Is In thi city. city.Mr. Mr. and Mrs. John IJrooks of Atlantic an In the city , the guests of their daughters Mra. HufTcorn and Mrs. Leech. Mrs. Htnry Swan of Sixth avenue leave this morning for Mount Pleasant , where sin will spend two weeks with friends. Miss Ioudon , private secretary for Unite * States District Attorney C. D Fullen , wll spend a few days with friends In Omaha. Mrs. V C Ilocho of Emerson , wife of tin new pastor of the Baptist church of this city Is a daughter of General Schofield. Mr. Hochi will commence his pastoral labors here May 1 Ed Archer leaves this morning for Ho Springs , Ark. , where he expects to remali for n month or six weeks In an attempt d regain health. Mrs. Archer will accompan her htisbanJ , but will return homo In th course of a week or so. Deputy Sheriff Nick O'firlen was up towi yesterday for the first time since his shoot Ins two months ago. He Is still very weak although the wound has almost entire ! healeJ over. The muscles , which were cu l > y the physician for the purpose of dresslni the wound , have not yet entirely knit , and h has to move ft 1th a good deal of care to prc vent their being torn apart. In time he wll bo as well as he over was. Yesterday after noon he visited the county jail and talkei with Wilson and Smith , the GrlsvvolJ banl robbers , who had Ju tie lived tl elr sentences It was the first time they had met since the exchanged courtesle-j on the court house step ) on the evening of February 2G. IIUNMMIN intos. Irtce DOAVII Still I.oivrr. 15 pieces of Japanese jolntlesa matting ISViC yard. -60o quality linen warp Jap matting , 29 yard. $4.00 quality chenille porllercs , fringe an dado lop and bottom , $2.93 pair. $5 00 Irish point lace curtains , $3 Gft pair. $4 00 Swiss embroidered curtains , $2 50 pali $10.00 genuine brussel net curtains , $5.0 pair. $5 00 Point de Spray lace curtains , wit rufile edge , now $3,50 pair. A big carpet sale ; got our prices. Our 50c summer corsets , 37c. 3,000 yards all silk ribbons , all colors. No : G , 7 , 9 , 12 and 16 , at 5c and lOc yard ; wort lOc to 35c. Ladles' pure silk vests , 50c each. Ladles' fine Mace cotton union suits , sprln weights , 50c suit. flG-lnch L. L. unbleached muslin , 3V c yan S c bleach muslin , 6c yard. DRESS GOODS AND SILKS. 40-Inch all wool navy and black Frenc serge , 35c yard , 40-Inch black all wool crepon , was $1.0i now 69c yard. Largest line of wash dress goods In th ! city , Como In and Bee them. BENNISON BROS. Maintaining Her Ohnriictcr. E. G. Bartlett was yesterday served wit nolle ? that a suit for $20,000 was to be con menced against him by Sarah Woodward o the ground of defamation of character. M Bartlett lives In a house on Broadway net Eighth street which Is owned by Smlt Saunders. Some tlmo ago Mrs. Wood war and her daughter rented rooms on the oppi elte sldo of the hall from htm. Shortly afte ward , Mr. Bartlett claims , they commence receiving calls from gentlemen friends an some of these calls took place very late I the evening. Their actions finally becan such that ho notified his landlord that 1 desired , a change * of neighbors , and Saundei could cither lose him or the women. Saui ders ordered the women to leave and tel them that Bartlett had been complalnln The ladles have now gone Into court ar J. J , Shea Is the attorney whom they ha\ engaged to ece that their fair name gets $20,000 pollshlng : Ciiiitniillctory Kvlilnnco. The $10,000 damage suit of Anna Daml against William Bauerkcmper was finlshc yesterday afternoon In the district court ar given to the Jury. Bauerkempcr sought provo that on the day on which the crln was alleged to have been committed he wi in Mlnneola holding his sister's baby up to 1 christened. Dr. C. Deetken of this city wi put upon the stand to swear to the fact. Th question of his whereabouts on that day wi not raised , however , on the first trial , In tl criminal proceedings. In making his afgi tnent before the Jury Attorney Hazelton calli attention to the fact that the plaintiff hi told two entirely different stories as to h connection with the defendant , and hadswoi in this trial that the statements she made the former trial were false. The cise vv submitted at the hour of evening adjour inent. no.OOO l-mulci In llloom. Now Is the tlmo to make selections ai plant them. Other plants and cut Howe * heap. J. F. Wllcox. 1132 E. Pierce. Tel. A splendid line of men's suits at Metci Bros. ' for $0.50. $ Ice Nice , clean reservoir Ice , cheap. Mi \olland , 5 Baldwin block. Telephone 186. Garden hose , big itock , good and chea New York Plumbing Co. y Mils M. B. Keen , stenographer , 104 B. Mai NEWS FROM COUNCIL BLUFFS Jdgingtou'a ' Attorneys Seeking a New Trial for Their Convicted Client. MISCONDUCT OF A JUROR IS ALLEGED Atndnvlts Presented to tlio Court Show tlmt Ono of tlio Twelve Good Men lliut a UlRli Old Time Over hund.iy. It now looks as though In the future when n judge , on letting the jurors out for a re cess , cautions them about talking with out siders about the case on trial ho will have to Insert an admonition against toying with the flowing bowl. The fraudulent pension case of the United Slates against A. A. Edg- lugton seems about to go by the board on account of the misconduct of a member of the Jury , and the week spent In trial be fore the twelve men who were supposed to bo good and true wasted. The arguments of the motion for a new trial were an Interesting feature of yester day's session of federal court. Judge Wool- Ron was clearly averse to admitting the claims of the defendant's attorneys , and ono of his earliest rematks was that ho was satisfied that his Instruction ! ! to the jury had been all right , and he did not care to hear any arguments on that point. At the solicitation of Attorney Shea , however , ho decided to hear what ho had to say. Shea claimed that the court had erred In Instructing the Jury with reference to the testimony concerning Edglugton's previous good reputation. Ho read some decisions to the effect that where the government made a strong case , the question of good character on the part of the defendant was , of no avail , but where It was weak the testi mony as to good character should go to the Jury and hnvo great weight In determining the doubt. Judge Woolson was unable to see , wherein his Instructions differed from those which the supreme coutt had laid down , and overruled the motion so far as that one point was concerned , The claim of Attorney McPherson that the , section of the statutes under which the In dictment had been brought had b"eu re pealed by the passing of another statute was also denied by the court FOUND A JUROR WHO DRANK. At this point Mr. Shea read an affidavit of Ncls Sanderson , day porter at the Kiel hotel stating that on the Sunday afternoon , April 11 , before the case waa given to the Jury ho saw George Hart of Clarlnda , one ol the jurors , drunk In the hotel bar ; that he engaged In a quarrel in the bar ; that Hart was put to bed and was still drunk In the evening when Sanderson took s > omo water tc his room. Shea read a decision of the courl to the effect that when ardent spirits had been Indulged in during the progress of the trial or the deliberations In the Jury room to such an extent ns to Influence the mini of a juror the latter was unable to give an Impartial decision and the verdict should not be allowed to stand. The decision alsc said that when a Juror became drunk he showed no proper appreciation of the Im portance of his position 01 his duties , and that In such a case the court should not icsltato to set a verdict asldo. In Iowa , Shea &nld , the supreme court had held that a sin gle drink of liquor taken during the progress ) f a case should disqualify a juror from act- ng Other affidavits were presented cerT 3 ; roboratlug Sandcrson.s story. e T E. Casady , the nsblstant United States llstrict attorney , read sonic decisions In which It was held that If It did not appeal II that the Juror who thus got drunk was under the Influence of liquor at the tlmo evi dence was being Introduced or while he was Icllberatlng , the defendant's rights had nol been endangered and the verdict need not bi set aside. The court held that this decision covoret the ca.su in point , so far as It was set fort ) 0 n Sanderson's affidavit. Rather a different : color was gheii the case , however , wher Shea Introduced another affidavit , signed by L. T Gcnung , OHO of the defendant's attor ncys , In which It was stated tbat Gcnunt iad had a conversation with Hart himself who said that Sunday afternoon he was sc ; Irunk that ho didn't know anything aboui : ho fight ho had In the hotel bar until tlu following day , when ho came to his sense ; and found the bruises on his body. He hai taken nine drinks on an empty stomacl and Monday ho could hardly hold up hi : load. These statements , the affidavit said \\cro made In the presence of Genung am A. W. Askwlth. WILL LOOK INTO THE MATTER. ; This was apparently unexpected , but afte )3 a few seconds' consultation District Attar ney Fullen said that if the court deemet the contents of the affidavit of any Im liortanco ho would llko to have Hart brough into court , aa ho believed ho would havi „ alfidavlts which would controvert the state incuts made In the affidavits presented b ; the defense. Judge Woolson said that the question hat narrowed Itself down to whether or no Hart had been affected by the liquor duilni the hours of the trial and deliberations. Hi did not propose to do anything that wouli tend to Induce laxity In the conduct o Jurofs. Ho postponed the further Invcstl gallon of the matter until the aftcrnooi session. When court reconvened the attorneys fo the defense stated that some of the partie who know of Juror Hart's misconduct re th fused to make affidavits , and asked the cour to appoint a commissioner , who might compel i1 pel them to do so. Commissioner Stead man was appointed by the court and wil take the statements of tbeso witnesses undo oath In his office at the federal building till morning at 8 o'clock. The Issues botweei Edlngton and the government will bo Urn made up and Judge Woolson will return nex Tuesday morning and hear the romalnde of the arguments for a new trial. SENTENCED THE BANK ROBBERS. , „ The Grlswold bank robbers , W J. Smltli alias George Wlllard , and J J. Wilson , alia "Spooney" Butler , were then brought In t receive their sentences. Colonel Dalley th their attorney , besought the court's lenlonc In an affecting speech containing reference to Smith's wife , who Is now under at rest 1 Detroit on a charge of shoplifting , and hi two little children , ono of whom lias recent ! written her father n letter , which Is clcarl the work of a fond and loving child to a de voted father. Judge Woolson said that I Smith had a child who was so fond of hli he should have thrown before her the shlel of a father's affection. Instead of goln around the country robbing banks. "I do not know , " continued the Judgi "how much part Smith would have taken I the plan of escape and the murder of Olllce O'llrlen. I only know that 810 had hi weapon In his hand and would have fired had not his hand been stopped by a bulli from OHlcer O'Hrlen's revolver. I kno1 something of his former history , particular ) that In Buffalo. "I have Wilson's history quits completi When ho goes to prison the building may t strange to him , bub not the clothing nor tl : Itz customs of the Inmates. It Is surprlsln cd that a man of Wilson's ability and attali ments should follow such a life as ho ha nd I can only explain It on the theory of tot : to moral depravity He may yet have to stan trial for the attempted shooting of the olfici and his sentence In this court shall not nebo be bo affected In the least by his commlssic a ; of that crime. ils "It Is surprising how many blunders O as perpetrators of this crime committed. It heed seldom that the government Is able to trac so well the movements of the criminals stc ed by step. February 25 the crime was con ad milled , and now , April 24 , tha trial has bee er completed and the sentence has been pn rn nounced. As far asVlhon Is concerned , In the statute allowed twice the length of si as tence It does , I should give him every mlnu n- of It. I have no Idea that the sentence I ms Impose will affect his future life In tl slightest degree , although It may Smith' I have thought for some time that the : ; nd ought to be a difference between the eei tences to be Imposed on thes ) two men , ar 99 It It were possible for me to give Wllsc alf ten years I might make- quite an appreclab discount for Smith. But five years Is n > a very long time for an offense to serious i ul. this. " The judge concluded his remarks by In posing a sentence of five years at hard labi ip. at Anamosa penitentiary upon Vllson at four yean at Fort Madison upon Smlt He also made an order directing the marsh la. to take either defendant to the place ol trli In case a trial should be held , In any state court , and to keep him In his custody until after the trial was over , after which the defendant should be taken back to the pen itentiary to serve out the remainder of his sentence , Court then adjourned until next Tuesday , when Judge Shlraa will hear the testimony In the case of Richmond , Crawford and Muffiy , the promoters of the Union Building and Savings association. Before they were taken back to the county jail Smith and Wilson held a brief rolree with Colonel Dalley and District Attorney Fullen , In which they both spoke bitterly of the trial just closed and made several sarcastic references to a jury which would belhvo the witnesses brought forward by the government. SOCKED IT TO THE BOOTLEGGERS. During the day several bootleggers took their spring tonic. John Collett , a member of the Heltman gang that shot Deputy United States Marshal Wray at Albla last fall , got off a trlfis easier than his compan ions , George and Gabe Johnson , on account of evidence that made him appear a less desperate character than his pals. He was sentenced to ten months In the county jail at Logan and fined $400. Three brothers , Rlley , John and William Jones , who have been terrorizing the natives of Audubon for several years past , were up for sentence The first two were fined $300 and sent to jail , the former at Atlantic and the latter at Logan , for 100 days , while the third was fined $300 and sent to the Avoca Jail for 120 days. Norrls Allen of Lenox was fined $300 and sent to the Council Bluffs Jail for 100 days. Jbff Stewart , who passed a counterfeit sil ver dollar , was given a fine of $300 and a six months' sentencs In jail , but both were sus pended on the payment of costs. George Manes , for bootlegging , was charged up with a fine of $300 and a Jail sentence of 120 days , both of which were suspended on condition that he pay the costs of the suit , which amount to $125 Samuel Wheeler of Red Oak entered n plea of not guilty to the charge of bootlegging. \\ovr srvND A imiu : Mnnuractnrort of Copii'n ClieorVI11 Prose- nito Its Jculoin Triulurer" . We have this day Instructed our attorney to notify one L Hosenfleld of Red Oak , la , that we will prosecute him for libel If he does not cease his malicious circulation of the re- pott that Copps Cheer and Herb Tonic , as manufacture- 1 by Wheeler & Hereld , Council Bluff 6 , requite a government , or any other licence. We refer the public to Deputy Revenue Col lector J C. Lange and Commissioner J. J Stcadman , Council Bluffs , for official Informa tion that no puch llcons ? is required. We are protected by the official analysis and report of the Internal revenue commis sioner at Washington , and give a bond to all our customers guaranteeing them against all trouble In selling and dispensing these goods unless It be the annoyance occasioned by the , small would-be rivals , like this Roscnfleld. WHEELER & HEHELD , , Council Bluffy. Sole brewers pnd originators of the great non-alcoholic beverages , Copps Cheer and Herb Tonic. _ Do you want any fencing' If so , don't fall to see the Dekalb wire picket fencing , 45c per roJ , up to 70c per rod. Lasts a lifetime Turns everything Cole & Cole , 41 Main ] The concert at the First Presbyterian church , Friday evening , by the Omaha Glee club will be a rich musical treat The club will bo assisted by the- Dudley Buck male quaitei Juhs Lumbard , J , II. Slmms and Prof. Albln Hustcr. A splendid line of men's suits at Metcalf a Ores. " for $ j 50. Largest stock of wall paper In the state. Boston Store. - - liny llnil n Itrnl Lively Tlinr. 0. L Moore , Jim Sheridan anJ several of their friends were In police court yesterday morning to testify In the case of the t'tate against Frank Shoemaker , charged with steal ing Mooro'b watch from Sheridan's pocket \vhlle the latter was dead drunk In the cad room at MIKe Kildare's place , the opera house saloon. Judge Aylesworth , the attorney for the defenje , led them a merry chase and got them to ttll of all the saloons they vlsltej and how many drinks they had taken at each one They had made a pretty complete roundup of the saloons In the city , and had done their duty by the proprietor of each before they struck Klldare's place. Judge McGee thought possibly the liquor they had drank might have interfered with their eyesight and left Shoemaker go. In the afternoon Squire Vlen tried the case of asisault and battery In which Mike Klldare was a defendant. Klldare wanted to plead guilty , but Moore Insisted on telling his story In order that more than a nominal fine might bo assessed against him. After he had done so the court allowed the case to be continued until today for the defendant to procure some evidence. Moore and Sheridan were two men who came to Impeach the government's ) witnesses ; In a bootlegging case. They were themselves Impeached , and the man whose Interests they were looking after was found guilty. Tlu-y'ro After III in. If you have read this paper you will see that our manager , E. G. Barllett , has not only got a big grocery business on hand , but a $20,000 damage suit. Now we feel that we must assist him and to do this , In order to raise $20,000 for him , wa must cut the prices on groceries lower than ever. See our ad tomorrow. Bartlett Grocery Co. h. fll. Ulllhunson Sells the Standard and Domestic sewing machines ; also agent for Standard In Omaha. 100 South Main street. Finest table board In the city at the fashionable "Aberlln , " corner Sixth avenue : nnd Seventh streel , reduced to $4 per week. Also furnished rooms. rt i- Best Roman gold for china painting , 45 1- cents , at Chapman's now art store , 17 Main strcct. r Is Union Merlin ; * . Isn The opera house has been engaged for a grand mass meeting for men only ne\t Sun day afternoon at 3 30 o'clock , under the leadership of F. F. Pierson , who will In this way inaugurate the union evangelistic meet- Ings. Admission will te by ticket , as It Is expected that the seating capacity of the house will be taxed. No admission fee at taches. Tickets may be obtained at the Young Men's Christian association rooms. This evening the union prayer meeting will be held at the Baptist church and will be led by Hev. II. P. Dudley. The Interest and attendance at these meetings is re markable. Gas cooking stoves for rent and for sale. C. D. Gas company , m Garden hose , big clock , good and cneap , Id New York Plumbing Co. ig Those gentlemen's suits at $6 50 como It all the different colors. Metcalt Bros. in er Ilrlilul Tour by Illoycle. Is Nell T. Ryan and Matilda Cress of Omahc rode up to the court house on their bicycles yesterday afternoon , and , going Inside , asked the clerk to them the give necessary documents iy iye. ments to enable them to get marrleJ. A e. license wcs procured rnd they went to tlu e.be oflice of one of the Justices of the peace he where the knot was tied. They returned t ( Omaha on their wheels. ig n- S , M. VMIlUnnon 18. 18.al Carries the largest stock of high grade blcy id cles of any dealer In the west. Also has thi er best equipped repair shop in the west. 101 iw South Main street ; telephone , 202. a Dr. Laugel , office 410 5th ave. : tel. ISO. he The Hardman , the piano par excellence. Is ce Davb , diug , paint , glass nan. 200 13'way. ep n- Miirrlngo License ) . nen enfl The following marriage licenses were Is flit sued by the county clerk yesterday : it Name and address. Age n- T. W. Gray , Neohi 2 ite Nettle Veseley , Neola 2 ay Nell T Hyan , Omaha 2 he Matilda Cress , Omaha z "s. "s.ra ran ( iiiinllno tlui Klz , nnd But It won't stay long. Gasoline stove are lower this week than ever. Four-burner on le high , only $10. Three-burner , high stove , IS leot Cabinet Reliable , $25 , worth $2S ; and $20 as worth $24 , Monarch Cabinet , best stove made no smoke and two large ovens , $26. A in- DeVol's , 501 Broadway , 10 r Get prices on wall paper at the Bostoi nd Store. th. Evans' Lautdry Co. , 520 Pearl ; tel. 290 ihirti , collar * , cuffa , fine work a specialty. SUSPICION TOOK HIM- - THERE Reasons Why John M , ThntsUm Was In St , Paul Last Tuestlay'.1 ' FORESTALL SURPRISE IN SHORT LINE CASE Wn Understood Hint Amcrlcitn Lonn nnd Trtut Compiny Would Kek to Sub mit Alllcliivltg lit the llenrliiB At torneys Deny It Ot tc ! > tnml § . Judge John M. Thurston , attorney for the receivers of the Union Pacific , was not In St. Paul Tuesday to represent his clients "at the hearing before Judge Sanborn of the separate receiver case of the Oregon Short Line & Utah Northern , " as stated by a local paper. Mr. Thurston's visit to St. Paul was for an entirely different purpose , hardly a half dozen people In the headquarters build ing knowing the attorney for the receivers was out of the city. He was In St. Paul to represent Wlnslow S. Pierce of New York , attorney for the ( Irst mortgage bondholders of the Oregon Short Line & Utah Northern , under whose foreclosure proceedings the pres ent receivers cf the Union Pacific now hold the prop rty , and It was for the purpose of securing an extension of time that Mr Thurs ton appeared In chambers In St Paul. Mr. Thurston on his return from St Paul yesterday explained his mission In this wise1 "I appeared yesterday before - fore Judge Sanborn at St. Paul and repre sented W. S. Pierce of New York City , coun sel for all of the first mortgage bondholders of the Oregon Short Line & Utah Northern Railway company , to ask a continuance of the hearing already set for May 1 , on petition of the American Loan and Trust company for a separate receivership. "This application was largely based upon the belief that the American Loan and Trust company would expect at the hearing to offer affidavits and other testimony In the effort to show that the operation of the Short Line In connection with the Union Pacific , and by the same receivers , was not as productive of revenue or as advantageous to the Short Line interests as Its operation unJer a separate receivership would be. We had accidentally discovered that the attorneys for the American Loan and Trust company had been endeavoring to secure , and in some Instances had secured , affidavits of former olllclals of the Union Pacific system and oth ers , the character of which , of course , we had no means of knowing. On hearing of the ap plication for continuance Messrs. Davis , Kel logg and Severance of St Paul appeared for the American Loan and Trust company and Insisted that they did not Intend to make use of any affidavits or other testimony on the hearing ; that their purpose was to submit the case wholly on the record as It now stood , Including of course the printed records of the receivership. On this assurance the court denied our motion for continuance On the strength of their statement also I advised the court that we would net be prepared on May 1 , to meet any Issues of fact which might be sprung In any testimony by affldaMt or other wise which might be offered , and It Is vir tually understood that snouu any effort be made to put In uny evldenqe at the hearing It will go over In order to , glve us ample op portunity to make our counter showing. " It Is feared In Union Paclllb circles that notwithstanding the statement made by the attorneys representing the American Loan and Trust company that It was their Intention to argue the case on the present pleadings , an effort will be made by Mr Stbry , the east ern attorn ° y for the tiustee of the consoli dated mortgage , to Introduce affidavits which will have a tendency to enl the case over to a later period , In which event Judge San born may remand the rase to the special master In chancery to take testimony , and the doubt and uncertainty will continue In definitely In consequence. UNIOM PACIFIC'S ANXU.VU H3 KTIXG. Nqw Omctfx nnd Committee , * lloctctl : A ' ,1'relimlnnry.ilJc Q'rr. „ ' BOSTON , April 24. The annual meeting and election of officers of the Union Pacific railway was held In this city today. Stock holders were present representing 186,133 shares. President and Receiver S. H. H. Clark and General Manager Dickinson were among those present and the first named pre sided. Besides President Clark there were also present these out of town directors- Joseph Mlllard , Sidney D. Illpley , G. M. Dodge , G. W. Doane and J. N. H. Patrick , the new government director. The accounts of the directors during the past year and also the accounts of the attorney for the company were ratified and the attorney was ordered to prosecute and defend for the company dur ing the present year. The meeting then ad journed until 12.10 this afternoon , when In stead of the usual annual report a preliminary one was accepted which was explained as follows : "Owing to the complications brought about through the receivership It was found to be im practicable to Include In this report the sums payable under the traffic contracts with the Oregon Short Line & Utah Northern rail road , tha Union Pacific , Denver & Gulf road , the Union Pacific , Lincoln & Colorado , the St. Joseph & Grand Island , and the Kansas City & Omaha companies. The difference between the deficit of the inclme of 1894 was shown In the Income account , | 1,8C2- 733 74 , and the deficit , as It appears In the general balance sheet , $2 857,004 23 , Is duo to the fact that the latter Includes the sums usually paid under the tariff contracts with other companies. No account has been made of the sum payable under the traffic contract with the Union Pacific , Denver & Gulf Hall- road company since the sum payable there under cannot be determined. " The following officers were then elected : Oliver Ames , second , Boston ; Edwin r , At kins. Boston ; S. H. H. Clark , Omaha ; Gor don Dexter , Boston ; Granvlllo H. Dodge , New York ; George J. Gould , New York ; Marvin Hughltt , Chicago ; Henry B. Hyde , New York ; Joseph II , Mlllard , Omaha ; Oliver W. Mink , Boston ; Alex E. Orr , New York ; S. EndlcJtt Peabody , Boston ; Sidney Dillon Hip- ley , New York ; Husscll Sage , New York ; James Sharpe , Salt Lake City ; Oliver W. MlnH was elected vice Gardiner M. Lane re signed. The following committees were then chosen : Executlvo committee , Alex E. Orr , S. H. H. Clark , Oliver Ames , second , O. W. Mink , Edwin F. Atkins , George J. Gould , Govern ment Director E. Ellery Anderson. Flnanco Committee Oliver Ames , second ; Henry B. Hyde , George J. Gould , S. E. Peabody - body , Marvin Hughltt , Alex A. Orr , Govern ment Director Doane. Land Committee Edwin Atkins , Alex E. Orr , George J Gould , Sydney Dillon Klpley , Joseph H. Mlllard , Ilussel Sage , Government Director J. N Patrick. , The directors also re-elected the following officers- Alex E. Orr , chairman of the board , New York ; S. H. H. ' Clark , president , Omaha ; Edwin F. Atklnp , r vice president , Boston ; Oliver W. MlnkJ second vice presi dent and assistant comptroller , Boston ; James G. Harris , treasurer , Boston ? Frank D. But- rick , assistant treasurer and transfer agent , Boston. i The meeting then adjournM. While the meeting was In progress Gen eral Manager Dickinson ( Bald "Crop condi tions up to the present cUrno are all that could bo wished. Stilt ) no Immediate 1m- a provomont need bo expcqUd , People have 6 shipped their cattle and .bogs out of the country to an extraordinary degree , and I will take a few years Up , grpw more cattle , Work and field horses ar 0 still selling Ir Nebraska at $5 to $15 eaclYn ; tut the I.oitn l > oWii Miitrrlully. ALBUQUERQUE , N. M. , April 24. The United States Trust company and the Mer cantile Trust company of New York and th ( receivers of the Atlantic & Pacific road compromised their differences In the Unltei States district court today In the matter o : borrowing money to pay the rental on tlu line of road from Needles to Mojave , Cal The parties stipulated that an order could b < made authorizing the receivers to borrov $75,000 and Issue receivers' certificates foi the same , and an order waa made by thi court and entered accordingly. The re celvers Intended to borrow $276,000 , but tin United States Trust company , which is thi trustee of nearly all the first mortgagi bonds , objected to BO large a loan. Th question was then taken Into court and th compromise was the result , Ylllard Ilai Not Qalauit Control. ST. PAUL. , April 21. Counsel Mitchell o the Northern Pacific railroad tonight denle the report published hero this afternoon that Henry Vlllard had again secured control of the Northern Pacific. He said there was no truth In the rumor , asserting tlmt It was merely a rehash of something printed In a New York paper a few days ago. NEW YORK , April 24. The report which was received In this city in a dispatch from St. Paul , Minn. , stating that Henry Vlllnrd had secured control of the Northern Pacific , could not bo verified tonight. Mr. Vlllard Is at his summer homo nt Dobb's Ferry. Re ceiver Henry E. Payne of the Northern Pa cific railway said. "This Is news to me. If there Is any such plan on foot I have not heard of It. The road In at present In the hands of tbo receivers nnd the reorganiza tion commlttteo has charge of Its affairs. " II13NHV VILLVKK AO.VIN IN CO.NTUOL Northern I'licldo llncK Into the Hind ) of the I'IIIIIOIK I'lnnnclor , ST. PAUL , April 24 The Dispatch an nounces that Henry Vlllard has again secured - cured control of the Northern Pacific. It Is openly stated In this city that the deal has been closed and that the famous finan cier has como to this country for the pur pose of making arrangements to wind up the receivership and assume the direction of the property. This , It Is said , has been accomplished through the efforts of the Oeutscho bank of Berlin , which has been Villard's backer ever since his connection with the Northern Pacific begun. Twlco has ho enjoyed control of the road , once at Its beginning and once later , and each tlmo It seems ho has had the American stock holders to contend with In his efforts to look after tbe Interests of the bondholders , who arc represented by the Deutsche bank. The stockholders have Invariably carried the day and Vlllard has been ousted. The last time , however , the ousting was followed In no great length by the receivership , so that the stockholders did not gain a very- great benefit from the process. NEW YOniv. April 24 There vvai an other meeting of the coal railroad presi dents todny , nt which It was decided to refuse the detnandt of the Heading Hull- road company , and neeotl.itlons are there fore suspended. CUIt.l SMITH A/JAT VI' fOK LIFK Sentence of tlio DCB JMnlncs Olri AnoBtccI III Om.ilm for Her I'utlier'it Murilnr. DES MOINES , April 24. ( Sp-clal Tele gram. ) Cora Smith , who was arrested In Omaha , and who confessed to giving the fatal dose of poison to her father , Michael Smith , for which her mother , Betsy Smith , Is now serving a life sentence at Anamosa , was sentenced by Judge Spurrier of tlio dis trict court this morning to life Imprisonment She fainted when the sentence was pro nounced. She had been living a life of crime In Omaha since Betsy Smith's conviction , and It Is believed here she made the con fession hoping to get her mother out. The case excited state wide Interest because of the brutality of the crime , which was com mitted to obtain | 3,000 life Insurance carried by the deceased. At 9am. the defendant , dressed In black , with a pale face made more white by powder and eyes that seemed Indicative of despair , was brought In by the bailiff and deputy sheriff. She did not even glance around on the crowd On former occasions , during the trial of her mother , Betsy Smith , her bravado was mark'd , but today she wag as listless as though all hope had fled. She will probi- bly be taken to Anamosa Immediately. Her Incarceration will not release her mother , Mrs. Betsy Smith , serving a life sentence for the same crime. Legislative action will be necessary In her case. SiMtnlni-il the I'oliru O in err. SIOUX CITY , April -Special ( Tele gram ) In the district court today a verdict was returned for the defendant in the ca e of Tuttle against Francls"iis. Several months npo i"ranclsrus , 'Who H a Dn" 3 olllccr , shot Dick Morfftn , a 13-year-old bay , while the latter was attempting to escape arrest. The boy claimed the shooting WHS unjustifiable , and sued for $10,000 damages. He died from the efTccH of his wound , nnd the name of his executrix , Mrs Tuttle , was substituted In the suit. iTho , base of the Btnte against AVnlter Stnuigei charged v\lth cheating the county out of $1,500 while he was a member of the board of supervisors , went to the jury at C o'clock. The trial has occupied two weeks and ha ? been watched with great Interest. Tlio city authorities are taking steps to collect a license of J25 per year for each car operated on the street railway lines in the city. Tlio ordinance requiring It has ex isted for many years , but no license has over been paid except by the Sioux City Traction company All back dues are to "be collected , and the total will amount to many thousind dollars. There are alto gether live lines ia the city. Jury la the Mutch Trust Case Ilsicroe . NEW YORK , April 24. The Jury In the suit of the Dueber Watch Case company against the American company , which Is composed of the Waltham , Elgin , Bay State , Brooklyn , Seth Thomas and several other watch and watch case manufacturers , an nounced today In the circuit court before Justice McClellan that It was unable to agree. The Jury had been locked up since 2 o'clock yesterday , and It stood 9 to 3 In favor of the defendant. The suit Is for $500,000 damages , and was brought on the grounds of conspiracy. The Dueber company claimed that the American Watch company- was a trust and that it boycotted every firm that bought from the Dueber company. E.lTHKll fUHEUAST. Partly Cloudy nnil Cooler , with Vnriablo Wlmla for JSelirmUii. WASHINGTON , April 24. The forecast for Thursday Is : Tor Nebraska Partly cloudy ; cooler ; variable winds. For Iowa Partly cloudy ; cooler ; north erly winds , becoming variable. For Missouri Showers ; cooler In the northwest portion ; variable winds. For South nakota Fair : cooler In the southwest portion ; variable winds. Tor Kansas Partly cloudy ; w.umcr In the southern portion ; cooler in the extreme northern portion ; variable winds , I.OCill ItCCIIKl. OFFICE OF THE WEATHER. BUREAU , OMAHA , April 24 Omaha tecord of tem- peiaturo and rainfall , compared vUlh the corresponding day of the p.u /ajji- / enrs. , Maximum temperature. . . . M 07 C3 M Minimum temperature . . . . ro 48 43 48 Average temperature . 71 68 54 6J Precipitation . 00 .00 ICO .20 Condition of temperature and precipita tion at Omaha for the day and since March 1. 1B93 : Normal temperature . EJ Excess for the day . . . . . . Id Normal precipitation . 11 Inch Deficiency for the day . . . .11 inch Total precipitation since March 1. 2 70 Inches IJeflclcnoy since March 1 . 1.10 Inches ItuporU from Other Station * at S r , M. T" Indicates trace at precipitation. I * A. WUIbH , Observer. AMUSEMENTS , ' TIIRII : NIGHTS BOYD'S COMMUNCINO Thursday , April 25 EFFIE ELLSLER AsiUteJ ty frank Wenton , Robert l > rouet am a competent company. Thursday and Saturday Matlnep , 'Hazel Kirke' Friday , Laet Season' ! Succcia , "Doris" Saturday , the Romantic Comedy , "A Wumans Power * Saturday evening a high grade "Clevelani Swell Special" bicycle will be clvtn away. Bale open * Wcdneiday at usual price * . FAILED TO KEEP A PROMISE Gausj of Spmo Interesting Litigation nt Mt. Ayr , la. GEIGER-PAYNE CASE UP FOR TRIAL Voting Mtulc Trnrltcr Aupcrli tlmt a Wealthy I'nrmer Agreed to Marry Her mill Ask n fortune for till Abandonment MT. AYR , la. , April 24. ( Special Telegram. ) The special district court of Rllifigold county Is In session with Hon. H. M. Tonner on the bench. The noted Gclger- Payne breach of promise nnd seduction case was again before the court on motion for coiitliumnco on the part of the defend ant , A. C. Payne. The ground for contin uance was that one of the defendant's at torneys , M. Campbell , had died April G and that ho was unprepared for trial. The motion was overruled and the case set for trial to morrow. The plaintiff In this action , Miss RhoJa A. Gelgcr , was born and raised nt Hcbion , O , and Is now 30 years of age. In the fall of 1S92 s > lie came front Newark , 0. , to Mt. Ayr , la. , and at otico began to advertise herself ns an Instrumental music teacher. She remained for several months and finally returned to Ohio. At the tlmo Miss Gelgcr came to Mt. Ayr the defendant , A. C. Payne , was living with his family , which consisted of a wife , grown up daughter and eon. Mis. Payne , who was an Invalid , died In the fall of U93 of consumption. Payne , who It , a man of 50 years of age , formerly a farmer , but of recent years a prominent money leaner and note broker of Mt. Ayr , became Infat uated with Miss Gelgcr and at once began paying her the attentions of a lover. The developments and allegations In the plead ings In the cnso would lead to the conclusion that his attentions were most heartily re ciprocated , although the good people of this community had no rumor even of any relation between the parties until the month of Au gust , 1894 , when Miss Gclger began an action against Payne for $50,000 damages for breach of promise to marry. The case was fought through the September term on motion for cost bonds , continuance , etc To the great surprise of many the action was dismissed October 11 and on the same day a new action was begun , differing from the first only In adding to that of breach of promise , seduction. In the meantime Mlbs Gelgcr claimed to have gained a residence In Mt. Ayr , and according to the showing made in court she was not required to Rive bonds for costs. The court house can't fur nish room for the Immense crowd of people who are anxious to hear ovcry stage of tbo proceedings. _ Alri. J. r. Muliim Illcucil to Me Hit. aUTHRIE CENTER , In , April 24.-Spe- ( clal Telegram. ) Mrs. J. P. Malnes , living on a farm six miles south of Uuthile Cen- tei , was Kicked In the head by a horse nnd killed this morning. Mr. Mnlnes nnd wife are old settlers of this county nnd have one of the best and largest fiirms In the country. She was about 55 years old. Mrs. D A. V. lirumb.iugh , living eight miles north of Guthrle Center on n farm , took poison yesterday with suicidal Intent She was tucccssful Mrs. Brumbaugh was about 35 years old and leaves a lamlly. No catibe for the act has been reported. I'rof. I.irrtihcv'a 1'romntlim. CRESTON , la , April -Special ( Tele- ginm ) I'rof. II. B. Lanabec , bupcrlntend- cnt of Crcston's public schools for eleven years , has resigned his position to accept the prlnclpalbhlp of the Stanberry , Mo , normal school. Hobert McKay of Chicago Is likely to be his bucc ° s or. Peter Koehler , a pi eminent farmer , was tlu own from n bvmgy while going home from church and died from , the effects of Ills Injuries thin morning' . lltirglArn'ork at Dm Molncl. DES MOINES , April 21 ( Special Tele- gi am. ) Burglars last night robbed the Des Molnes street railway central station ol fifty boxes of cigars , and the drug store nt Fifteenth nnd Grand avenue or several boxes of cigars and a small amount ol money In the safe , which was blown open It was evidently the work of the sumo ' gang1 , _ " ) > y I'lro lit Tlptiin. CEDAH RAPIDS , la. , April -Special ( Telegram ) Six frame buildings nt Tlpton 1 were dostropcd by lire this morning. Lessen 1 on buildings and stocks , $10,000 ; Insurance , S17.500. The flro Is supposed to have been 1 the work of an Incendiary. I'lrn lit I rilnr Kupld * CEDAIl RAPIDS , In. . April -Special ( Telegram ) At nn enily hour this morning lire In Olsen & Jnvnes * overall factory caused n loss of $10 , X ) , fully Insured. The origin of the fire Is not known. JUST AT THIS SKASON. Whitl If It Thru So Striincoly J'.ITecti "Thcr * Is nn epidemic of tired feelings at this time of the year. " The spcnker vvn.8 ft prominent tnnn. "This vveutlier Isery exhausting , " hs added , "and even the strongest iieople feel Its Jebllltntlng effects. "There aio few men or women who do not got up In the morning with n sense or exhaustion mid n desire for more rest , This , " he snld , "shows Hint the sjstciu la In a low condition nnil needs stlnnilntlni ; . To oveieomo this vvrnry condition I know of nothing better thnn the use of a pure whiskey , because It quickens the blood nntX purlllos the body ns nothing else cnn do. " It ulioukl be remembered , however , that thcio Is only one pure whiskey rceoiu- mended by ph > tit-Inn * , and that Is Duffj'a I'mo Malt. It Is unlike nil other whiskies. being entirely free ftom linpttiltlCH ami ndnlteriints. That I * why It li universally prescribed for medical u c. It Is healthful , becmi'c It stimulate- without depressing , aids digestion and Imparts fre h vitality , Ocneially and mire lienellchil , however , It poathca and tests and brings consoling iiulct to the routine of life. I'mler no clieximMnnces pet mil any drtifr- Klst or giocci to deceive you on those points , for they me truths \\hlch ha\o been piovon In the hlstoo of hundreds of men mid , v. omen. When Buying Fruit Trees , Buy the best. A minute lost can never be recovered , nnd It's a calamity to lose sevcial years , which so many Iowa nnd Nebraska people have done v/ben / they have bought forelgu grown , unnccllmated fruit trees. MENERAY BROTHERS , THE CRESCENT NUKSEHY. Were born on the lands whcie their nurse. iy stock Is grown , and ytuta of patient , Intellgcnt fXpiTlmcnt have taught them the | best vuiletlcs for this climate Consequently their home grown slock Is as hardy as the i forest trees. They liav-e n very large stock for the spring delivery and tvciy tree la vvarranled true to name. Orchard , Vlnyard. Lawn , Parking Tiees and Ornamental stock : Make no inlstnke In your orders Send ui your list of wants for prices. We can pleasn you In prices nnd stock Heferencrs Council Bluffs Banks , Council Bluffs Department Omaha Bee , nnd prominent busliusa men. Nurseries six miles north of Council Biffs. P. O. Address , MENERAY. BROS. . Orescent. lown. * QEO. P. SANFORD , W. RIEKMAN. President. Cashier. of COUNCIL BLUFFS , Iowa Capital , $100,000 Profits , - - - 12,000 One of the oldest bunk * In the stnta of Iowa. We ollclt your Luilnns and collections. Vim par C per cent on tlmo depoilU. Wa will b pleaked to tee nnd lervft you MESSMORI- & CLEMENT , GRAIN , PROVISIONS , BTOOK3 , BO.Ti Ilroailway , Grain handled In car loid lots. Tel 203. COUNCIL iiturrs , IOWA. Special Notices-Council Bluffs CHIMNEYS CUANUD ; VAULTS OI..KANED. id : Ilurkc , at W. S. Homei's , 638 Draadwny. rrTuiT rAnM AND GARDEN LAND FOR. tale cheap and on easy Urms. Uay & llcss. 39 1'cnrl btreet. WANTED , MEN TO CHOI * WOOD AND PLOW nnd brink new land , 3 miles from Council I Huff s. Apply to Leonard Uterett , Council llluffB , lown. roil SALE , C ACHES Or Sl'LENDID . Iniul , near M > nnter HprlnRs. on time , at 0 per I cult Interest. Apply to Leonard Everett , Coun cil llluffs , lowu. LOST , LADY'S BWOIID I'lN , ON DIIOAD- way , Sunday nlclit llewnnl for return to Dr. O VV. raiiKlP. MS Ilroadwny. GOOD HAHD WOOD FOH KALE IN fOUNCIIj , lllurrs , $3 00 per cord. Apply to I.conird Cv er- I ctt. 16 1'enil street , Council IllufTs FOUND HICYCLE TOOL UAO. A1'4 LY TO Hoe onice PAKM LANDS TO EXCHANOE TOU CITY piopertj. O II Nklmlhon , D39'i llroailway. VACANT LOTS TO EXCHANGE TOIl and bug > C. 11. Nicholson , D3914 Ilroadwny. for Infants and Children. " Cast orla hso well adapted to children that Cantorln cures Colic , Constipation , I recommend It na superior to any prescription Sour Stomach , Dlarrhcra , Eructation , known to me , " If. A. Ancnun , II. D. , Kills Worms , gives Bleep , aud promotes di Ill So , Oxford St , , UrooUyn , N. Y. gestion , Without Injurious medication. "Tho use of 'Castorla' Is BO universal nnd "For Bovernl years I have recommended Its merits so vv ell known that It tcema a vork 'Castorla , ' ami shall always continue to done > of buporcrogntlon to cndorbO It. Few nro the no , cs It lioa Invariably produced beneficial Intelligent families who do Jiot l ccp Castorla results. " within cosy reach. " EDWIN r. PAUDEE , 51. D. , CiHUJS JlAUTYN , D. D. , 125th Street and 7th Avo. , New York City. Now York City. THE CEVTAt-n , COMPANY , 77 JltmiiAY Sjarrr , NK'W YORK CITY. RESTORE LOST YIGOR When In doubt whit to use ft r Nervous TM flily Loss rf Sciual Poutr ( In cither ten ) , IrnjKiteiui , Atrophy Varlt > cele ami oilier weaknesses from any cause , uca Sctine fills Drain * clieiked ami full vigor quickly recti red If ne 'leued , tuch iroul.let remit fatall ) MailM ani l.erc. . Mated , for Ji n 6.oes | . fcr 5oo With e er f < fw nrtl r * pi re a it cml 11 iranie- tr > t rvfuti'1 l * ti irAfMrets SIIKKMAN & McCONXKLL DKl'O CO. . 1511 ! Dodjjo blrcot , Omnlm , Neb. A FACTo _ DAVIS' DRUG , PAINT AND GLASS HOUSE Carries a larger stock of glass than all the other drug houses in the city combined. 200 Broadway. Cleaning and Dyeing of Garments and Goods of Every Description , Schocdsnck's Twin City Dye Works , Cur. Avenue A and 2ftlv ( St. , Council llliifts. Office , 1521 l-'tir nain St. , Omaha. Send for Price List ,