TILE OMAHA PALLY 33EE ? : THURSDAY. IMLAY 2. ISOfi.
Omaha National , $100.000 ; United Stales Na
tional. Omaha , $200,000. There was about
$100.000 In cash and the balance mainly In
certificates of deposit.
"Did you receive for that $285,000 , " Inquired -
quired Judge Wakeley , "anything but cer
tificates of deposit from the Capital National
bank ? "
"No. "
The court then took n recess until 2 p. m.
HARTLEY'S TESTIMONY IN DETAIL.
Slate Treasurer Hartley resumed the stand
In the afternoon and Identified the certifi
cates of deposit received from Hill for $285-
000 In the Capital National bank. They
were for $160,000 , $100,000 and $35,000 In
round numbers respectively.
"Did you know at Hint time , " Inquired
Judge Wakeley , "ono C. W. Moshcr ? "
"Yes , sir. "
"Were you acquainted with the fact that
he was president of the Capital National
bank ? "
"Yes , sir. "
Witness then Identified his signature on
the certificates. Judga Wnkelcy read the
large certificate to the Jury , signed by
Moshcr It waa not subject to checks. Ily
the direction of witness the certificates were
rent to the bank , and he supposed that the
state had been glvun credit for them.
"Did you receive a hank pass book at the
time ? "
"I did. "
"Have you got It with you ? "
Witness did not , but sent a note to his
officer after It. This pass book would show , as
explained by witness , the exact amounts
checked out before the bank ( ailed , some
$49,000. The certificates Qf deposit had been
passed to the state's credit , which hnd then
become subject to check. Hero the bank
pass book was brought Into court , examined
by the attorneys , and witness went down to
his office to procure data on which the
various checks drawn against the $19.000 had
been given , Witness returned and said ho
had with him the last check drawn , which
had been protested. The following checks
hail been drawn on the bank :
Jnnuary 10 J 5 nrw.00 January 18. .
Jnnuary 16. . . . 21.272 68 Inmiary H. .
January IS. . . . K.oon.on January 21. .
Jnnuary 1(1 ( . . . G.OIO.W limitary 20. .
January 1C. . . . HI I7i lamury 20. .
Jnnuary 16. . . . W.4' . Janunry 2H. .
Jnnunry 17. . . . 710.14 January 21. . .
Jnnunry 17. . . . 4.22 tnnuury 21. .
Jnnunry 17. . . . I2fi.37 January 21. .
January 71 , . . . 67.31 Jnnunry 21. .
Jnnuary 17. . l.IM.Ki Janiinry 21. .
January 17. . 48.22 Jiinu.iry 21. .
Jnnuary .17. . 322.R3
January 18. . CS.I1 Tntnl . . .
Of this sum the following checks had
been protested and unpaid , $3,131.30 , leaving
but $50,230.90 paid :
Jnnuary 17 f 710.14 January 21 C7 21
Jnnunry 17 4 :2 January 21 11.Cl
January 17 128.37January 21 27.51
January 19 Gl.91 January ! il 702.64
Jn.unry 21 ( W 43
Jnnunry 20 sr..l2 Totnl $ Jl3l.3i >
HEADED OFF WHKEDON.
In his cross-examination Mr. Wheedon
tried to bring out the fact that the Capital
National bank had bsen made a state de
pository , but Judge AVakeley objected , and
the court sustained him. Judge Vakeley
said that they would cross that bridge when
they came to It. Mr Wheedon switched for
a while , but finally drifted around to It
again , and the court sharply requested Mr.
Wheedon to keep hlmsetr within bounds and
not try to beat around the bush and slip In
Improper cross-examination.
Judge Wakeley sild the state was only
trying to show by Witness Hartley Just how
much he had realized en the certificate of
depoilt , mil no more than that. The fact
that the bank had been made a depos'tory
had , at the present , nothing to do with the
case.
case.Mr.
Mr. Wheedon drew from witness th ? fact
that the certificates of deposit from the Cap
ital National bank had never been In his
custody since he had deposited them In the
bank and received a credit for the same.
General Cowln said that he began to con
sider this caseIn the light of a double-bar
relled one , designed to catch defendants
going or coming. IIo claimed that the whole
question of deposits In other banks had been
gone Into on the direct examination.
Mr. . tatnbertsoii said ho desired to explain
his position. As he understood It , a sum
equalling $1,600,000 had been deposited In
banks Illegally. 'When the evidence had es
tablished that fact , which It certainly was
doing , then the bondsmen became liable for
the whole amount , nnd for the deficit of the
Capital National bank. The burden of proof
did not rest upon the slate , to show how much
had been realized on these certificates.
Witness said ho had first heard of the fail
ure of the bank on Sunday evening , In
Omal.n. The bank's doors had not opened
Monday morning. Witness was then excused.
ACTUAL CONDITION OF THE HANK.
Receiver A. 1C. Haydcn of the Capital Na
tional had held such office since June 1 ,
1S93. Ho was examined by Mr. Lambcrtson.
Hail filled all positions In banks from mes
senger boy to cashier1 and was a skilled ac
countant. A bank examiner had taken pos
session of the bank January 22 , 1893. Asked
to give a statement of the condition of the
bank prior to failure , it was objected to by
General Cowln and overruled. V/Itm-ss an
swered that It was Insolvent , nnd defense
noted an exception.
"You may state whether the bank was
solvent or Insolvent on the 6th day of Jan
uary , the day on which the certificates of
deposit were given Hartley. "
"It was Insolvent. "
"What amount of money did the bank
have on hand on that day ? "
"It had $24,356.25. "
"How much did the bank have on hand the
day It closed Its doors ? "
"It had $11.117.57. "
"What were the liabilities of the bank ? "
"They were $1,256,135.07. "
"Nominal and real assets ? "
"Nominal assets. $1,000,000 ; real. $160,000. "
All of these questions were objected to and
exceptions taken by the defense. The bills
receivable were figured a ( . $999,971 , and the
cash was about $11,000.
"How much do you estimate the real es
tate worth ? " asked Mr. Wheedon on cross
examination.
"About $60,000. "
There was due from other banks about
$7,000. Witness did not Include the stock In
his estimate ut liabilities. One piece ot real
estate had been sold for $1,000. Had fig
ured the value of the real estate at what he
considered It worth. Witness did not agree
ylth Mr. Wheedon that when Ji concern
failed Its assets shrank 40 nnd 50 per cent.
' But he thought ( hey might bs worth 40 per
cent more If the concern could go on and
close up Its business In Its own way. The
bank on tha 6th of January was doing busi
ness In the ordinary way and continued to dose
so up to the evening of the 21st. Had col
lector ! $98.000 on the bills receivable. John
1) . McFarland , ens of the bondsmen of Hill ,
had been Ilayden's predecessor as receiver.
STATE MONEY ON DEPOSIT.
Deputy Stnto Treasurer Hartlctt testified
from a record ot the monthly banlances at
the Capital National bank for two years , 1891
and 1S92 , as follows :
IMl , Amt.llMI. Ami.
Jan . , tlS5.4i ! M Jun t 73.417 40
r < l > 177.715 IS CU.BH K
March 172.0MS7 March W.7S674
Aiirll . 112.37 * * 7 M.7J1 M
Slay . ns.owsi War ir.m 12
Juno iio.isi sr , juna H.716 S8
Julr G.1.6S5 W'july ' n.645 17
All * G4.K9S UlAiur M.SI3 78
Bi'M 53,2 Ol'Sept ' 47 iiDj 7 |
< X 07.I4J W'Oet ' H 3.13 43
Nov l.W93iNov ; ' . .I ! . . . . . " . 67.776 ' 43
Dec 50.M ? * ) W.SJJU7
The amount In January up to the time of
the failure deposited was $183,357.85. The
record showed that en January S , 1891. there
was the sum of $1.777.489.K | in bank , and
$90,000 additional checks. Mr. Lnmbertson
laid that he now wanted to ascertain from
witness what these largo certificates of deposit
CUT COfU'U.V , ! 7.0.Vf LI.\'K OF MlOltnKK.
CERTIFICATE.
Anticipating the Rlcht
of the Subscriber to Participate In
THE OMAHA BEE'S
FREE BOOK
THURSDAY , Mny 2.
O NE CEimPlCATE. with five
* *
- cents to cover postage , mailing ana
rl-rlcal cxpcnsfa. mtltlca the subscri
ber to ono volume ( pap-r cover ) . Be-
Uctetl from the prtntea catalogue of
C the Omaha Dee FVee-Uook Distribu
tion. Senil coin ; no stamps. AUUHKS3
Publisher The Onmhn Bco ,
FREC UOOK Dlil'AUTSinNT.
Onmhn , Neb.
were for. From time to time during the two
years they were heard of. He wished to
ay frankly that If any of them were for
money belonging to the permanent ochool
fund they could not b ? deposited In state de-
[ xialtorlea under the law. Witness showed
that they were for money belonging to tem
porary school funds. There were two cer
tificates undrr this head , ono for $37,950 and
ono for 37.114.7G.
Mr. Wheedon held * the state down to the
; > leadlnipi In which It was not alleged that
ny permanent school money was deposited
In the Capital National bank. Mr. Lambert-
son said ho thought It was admissible
to show what kind of moneys had
mve been deposited. Judge Droady said
: hnt there was nothing In the petition or
the reply relating to this point , and that
he defense had not had notice. Mr. Lam-
jcrlson cMtneJ the right to show the char
acter of the moneys and was sustained by
the court. Witness said tl.at ho did not
{ now of any of the permanent school fund
laving been dcsposlted. The court pressed
Mr. Lambertson to answer If ho were not
anticipating a future movement to show that
oven under the state depository law , Hill had
no right to depoilt certain moneys In the
Capital National bank. Lambertson ad
mitted the/ fact and the court sustained Mr.
Wheedon's objection.
Pending Witness Hartlett's testimony , the
court adjourned until tomorrow morning.
HKVItlNd Ol" UK. 1IAVS CONTtNUKI )
ti Kmplojrs < ltva the Superintendent
( lonil ulinrnctrr ItrcomnioiiflHtlonx ,
LINCOLN , May 1. ( Special. ) Drs. Knapp
and Manary testified before Governor
Holcomb In behalf of Dr. Hay , against whom
serious charges of mismanagement of the
Lincoln asylum have been preferred. Qen
eral J. 11. Webster , attorney for Dr. Hay ,
conducted the Inquiry , the witnesses balng
occasionally cross-oxamlned on material
points by the governor. Dr. Manary , assist
ant physician at the asylum , read from his
medical record a history of the treatment of
several patients said to have been maltreated.
Ho was asked by General Webster as to
the general character of Dr. Hay for pa
tience and efficiency , and he replied that It
was excellent. Dr. Manary's testimony was
corroborative of Dr. Knapp's , and both were
strongly eulogistic ot the ability and perfect
fitness of Dr. Hay for the position of su
perintendent ot the asylum.
George J. IJlodgetl , a discharged patient ,
was on the stand In the afternoon. He told
a long story of abuse , and Illustrated how he
had been bumped around the asylum during
his short term In th ? Institution. Attendants
Uear. Ilobblns and Norland testified In be
half of Dr. Hay. They all said they had
been employed In other Institutions , and
that the practice In Lincoln was as good as
In other asylums where they had been em
ployed.
Mrs. Western , an attendant In the female
ward , w < "s emphatic In her opinion that good
management prevailed at the asylum. W. C.
Algord , another attendant , corroborated her
story. All the witnesses , with the exception
of the ex-patient , IJlodgett , were put on the
stand as witnesses for Dr. Hay and proved
so to the end. The Investigation will b ?
resumed Saturday morning at 10 o'clock ,
when It Is expected some testimony strongly
agalnit the superintendent will bo Intro
duced.
Dr. Abbott will not be obliged to wait
until May 27 for the Injunction case In
augurated by Dr. Hay to be ilecldcil. In the
district court today a stipulation was signed
by the two doctors and filed , setting the
hearing of the Injunction to prevent Abbott
from Interfering with Hay In the peaceful
possession of the asylum for May 10. Dr.
Hay filed a bond In the sum of $500 , signed
by himself and S. A. Shilling , promising to
pay Abbott all damages which may accrue
to him should the Injunction be found to
have been Issued without cause.
HOLCOMD WILL NAME THE UMPIRE.
Since the selection ot A. H. Qalo as Con
tractor Dorgan's appraiser of prison property
In his possession , to act with ex-Mayor
Uroatch of Omaha , a controversy has sprung
up as to whether or not Governor Holcomb
Is authorized to appoint an umpire , making
the third man In the case. Quite a number
of people around the state capttol are claimIng -
Ing that the governor will not appoint one.
It can 1)3 stated authoritatively that Governor
Holcomb will name a man. and that he will
not wait the full thirty days In which he
has to do BO , but will name him within a
very short time. The law , house roll No.
607 , emphatically says the governor "shall
appoint , " making It mandatory Upon him to
do so. Mr. Gale Is a well known farmer ot
BassHt , Rock county. Ho was a member of
the legislature of 1S91. elected on the popu
list ticket , but shook the party after
being elected. t
Fifty members of the Nebraska State
Homeopathic Medical society are In attend
ance on the twenty-second annual meeting.
The morning session was a business meet-
Ing. The treasurer's report showed a hand
some balance. This afternoon President Davla
of Omaha read his annual address , which was
followed by papers from various members
on medical topics. The session will close
tomorrow afternoon. Dr. Mackay , the new
superintendent of the Norfolk asylum , Is In
attendance.
PRINTING CONTRACTS LET.
The state printing was let today , but on a
number of bid ? for miscellaneous blanks the
printing bonrJ wns not able today to figure
up the difference In the bids. The Nebraska
Newspaper union was awarded the printing
ot the senate Journal , 2,000 copies , at $2.35.
Jacob North & Co. secured the house Journal ,
1,000 copies , at $2.10. The Omaha Printing
company uas awarded the session laws. 5,000
copies , at $5.45. The Lincoln Journal was
given the printing of 100.000 vouchers for the
lump sum of I568.GO. The figures received
this year are a trifle lower than the average
of two years ago.
Misner's bank of Shclton has. been author
ized by the State Hanking board to commence
business on May 1 , with a capital of $10,000.
The Incorporators are H. J. Robblns. M. G.
Leo and George Misner. These three arc at
present owners of the First National bank ,
which. It Is thought , wilt wind up its busl-
ne& In favor ot the new state bank.
Major Fechet , Inspector ot the Nebraska
National Guards , will review the State uni
versity cadets on the campus of that Institu
tion next Friday afternoon. May 3.
WOMAN'S KliiriON IN DIIMANI )
Mu eh Patornbln Comment Throughout ( ho
StHlo OH The Mny Day live.
. . BEATRICE. May 1. ( Special Telegram. )
Everybody wanted to sec the ladles' eJltlon
of The Dee today and those who had not
made an advance purchase of one or more
besieged the newsdealers for copies. Much
favorable comment as to Its appearance and
chatacter of Its contents was heard upon the
street. The Dally Express also spoke In
flattering terms of the number.
FREMONT , May 1. ( Special. ) When the
woman's edition ot The Hoe arrived here this
morning there waa considerable demand for
extra copies and unusual Interest was taken
In the paper by old subscribers. None but
favorable comments were heart ) and the
editorial page was especially commended.
Hum htruck by I.lchtnlnR.
PIERCB. Neb. , May 1. ( Special. ) Light
ning struck a largo barn on the William
Manske farm , two miles cast of town , last
night , burning the building. Manske ran
cut of hla house when ho saw the barn burnIng -
Ing and cut loose six head of horses and drove
ten head of cattle out. A small quantity of
hay , oats and cor , 100 bushels of wheat , three
icts of harness , one binder anil one corn
planter were consumed. Value of building ,
about $600 ; insurance , $450 , In Farmers' of
Norfolk.
_
Weildetl ni TufcMinali ,
TEKAMAH , Neb. , May 1. ( Special. ) The
marriage of Miss Llda Clark to S. A. Mitten
occurred this morning at the home of the
brldu's parents , Mr. and Mrs , II. E. Clark.
There were about 150 guests present to wit
ness the ceremony. Rev. Dr. Alex a. WlUon
outdated. After the ceremony an elegant
spread ot all the delicacies of the season
were nerved. The young couple left at 10:30 :
for a tour In the Rocky mountains ,
Mulirara Will I'll ! Ill ) ; Contrrcti.
NIOUHARA , Neb. , May 1. { Special Tele-
gram. ) A. Hade of the Nlobrara packing
house received the dressed beef contract at
tbe Yankton agency for 230,000 pounds at
$5.67 per hundred , San tea agency ( or 76,000
pounds at $5.62 and the Ponca tcency ( or
7,000 pounds at { 3.
CROP PROSPECTS IMPROVED
Torrents of Bain Throughout Nebraska
Encourages the Partners ,
NANCE COUNTY IN IXCtLLENT SHAPE
Shower In Tire Yenm llepurtod In
that Locality-Seed Grain llelng Dis
tributed In Mhernl Ouniitltlei ,
U ul to Uonorally.
The warmest May' In the state of Ne
braska during the past nineteen years was
that of 1881 , with 'a mean temperature of
C4.7 degrees. The coldest May was that ot
1S92 , with a mean temperature of 51.7 de
grees. The average mean temperature ot
Nebraska for May Is 58,9 degrees.
The warmest day In May during the past
nineteen yean occurred In May , 1894 , when
the mercury rose to 105 degrees. The cold
est day was also In 1894 , when the1 tempera
ture fell to 12 degrees.
The prevailing winds for May are from
the southeast ! the highest velocity recorded
was eighty-four miles an hour at North
Platte on May 22 , 1877.
The driest May during the period was that
of 1894 , when the average precipitation for
the state was 0.91 Inches. The largest pre
cipitation was that of May , 18S1 , when 6.28
Inches fell during the month. The average
precipitation for the state as a whole In May
Is 3.60 Inches. The following map shows
the normal precipitation for May throughout
the state as derived from the averap s for
nineteen years :
< *
I . tic.
FUL.LERTON , Neb. , May 1. ( Special. )
The finest rain for two years fell here last
evening. The farmers In Nance county are
In fine spirits over the prospect for good
crops. Small grain of all kinds is looking
splendid , and about one-half ot the corn has
been planted.
Congressman Melklejohn shipped In from
North Bend 600 bushels of nice seed corn ,
which he distributed yesterday among the
farmers of this county , taking seed grain
notes for same , to become due November 1 ,
1895. This will prove ot great benefit to
many farmers. .
GOTHENIJUIia , Neb , May 1. ( Special. )
This section of the country was visited by a
heavy rain and hall storm last night. Many
lights were broken In windows fronting
south. The hall was accompanied by a
strong wind , but did no great damage. It
wet to the depth of a foot and small grain
of all kinds Is looking well. One thousand
bushels ot seed corn was distributed among
the farmers of this section today , and If
there Is no great change In the weather
corn planting will be In full blast by Mon
day.
day.FREMONT.
FREMONT. Neb. , May 1 ( Special. ) The
rain of Sunday morning has already shown
Its effect on crops and vegetation. The
early sowing of beet seeds Is reported as
coming up In good shape , and will be at least
two weeks ahead of the seed put In now.
ORLEANS , Neb. . May 1. ( Special. ) For
about two hours this afternoon the rain has
been coming down In torrents. It Is the beat
rain for over two years. About two Inches
have already fallen , and It Is still raining.
The ground Is In excellent condition. Grand
propspec't for a large crop.
ST. PAUL , Neb. , May 1. ( Special. ) A
light rain tell aero yesterday afternoon and
last night.
AURORA. Neb. , Mar 1. ( Special. ) An
Inch ot rain fell here last night , soaking the
ground again nicely. The crops could hardly
be In better condition at this season of the
year.
SHELBY. Neb. . May 1. ( Special. ) A
thunder storm came up at 9 o'clock last
night and It rained at Intervals for twelve
hours. The ground Is thoroughly soaked.
This was the fourth rain since Sunday morn-
Ing. Most of the farmers have begun corn
planting. No ground will go to waste be
cause of Insufficient seed.
NORDEN , Neb. , May 1. ( Special. ) The
hardest rain for nearly two years occurred
last night , lasting about six hours. The
town Is full of smiling faces , and a general
feeling of confidence In the outlook prevails.
CENTRAL CITY , Netx. May 1. ( Special
Telegram. ) An Inch of rain fell last night
In this county and fully as much more this
afternoon and evening. The Indications are
of raining tonight. The rain this afternoon
was accompanied by hall. The crop outlook
was never better at this time of the year.
ORESHAM , Neb. , May 1. ( Special. ) This
vicinity was visited by a heavy rain last
night about 9 o'clock , accompanied by some
hall and wind , the precipitation being about
one Inch. Crops are looking splendid.
EXETER , Neb. , May 1. ( Special. ) A
light but much needed rain visited this part
of the country about 9 o'clock yesterday
evening and light showers continued through
the night. It will revive vegetation very
much. Oats , rye and wild grass are looking
fine.
fine.CHADRON.
CHADRON. Neb. , May 1. ( Special. ) For
the second time In the past three days this
section has received a copious rain. Grain
Is nearly all planted and the outlook for a
good crop Is most encouraging.
OXFORD , Neb. , May 1. ( Special Tele
gram. ) An ominous looking funnel shaped
cloud , said to b ? a genuine twister , passed
down the valley today , carrying with It great
clouds of dust and debris. It dipped to the
ground several times , but did no serious
damage to property , as no buildings hap
pened to be In Its path. A soaking rain fell
today , the fourth In less than a week. Crop
prospects could not be better.
ELM CREEK , Neb. , May 1. ( Special Tel
egram. ) This vicinity has been visited with
two thorough soaking rains In the last
twenty-four hours , insuring the crop of small
grain against drouth. Rye , oats and wheat
look good.
LITCHFIELD , Neb. , May 1. ( Special. )
A good rain fell last night. Prospects for a
crop are more promising than In two years.
O'NEILL , Neb. , May 1. ( Special ) An
other heavy rain visited thla section In. :
night. Three Inches of rain fell during the
four hours time the storm lasted. This
brings the amount of precipitation for April
up to six and one-half Inches , and Is a record
breaker In this section. Several Irrigation
dams built upon creeks In the north part of
the county have been washed out by the
heavy rains.
ORNOA. Neb. , May 1. ( Special. ) While
the moisture has been sufficient to keep the
ground In fair condition for planting , yet it
remained for the downpour of rain last night
to gladden the hearts of Genoa people with
a well grounded hope of a bounteous crop.
The small grain Is looking fine , far above the
average , and early though It be , farmers
are well advanced In corn planting. The area
will be greater than last year. The fruit
prospects were never so good In this locality.
GENOA , Neb. , May 1. ( Special Tele-
gram. ) During a heavy thunderstorm at 7:30 :
this evening an unoccupied two-story busi
ness house on Wlllard avenue was struck by
lightning , severely shocking the Inmates of
an adjoining furniture1store. . Damage slight.
Itnln Ciuiio Too 1-uto fur Out * .
AUSTIN. Tex. , May 1. The rains which
commenced last week continue , and the farm
ers report that corn , which was dying. Is re
viving. Nearly all the cotton will have to
be replanted. Oats are too far gone for
rains to revive them and the crop will be
a total failure. Grass on the range Is com
ing up , but stock water is still scarce ,
Too l.nte In Have tha Wheat.
KANSAS CITY , May 1. Dispatches to the
Associated press from Oklahoma and Kansas
points report a general rain last night. In
Oklahoma a drouth lasting almost nln * months
li broken , and , while wheat Is beyond help ,
corn and oats and cotton will be greatly bene
fited.
tt.iln In > outhorn Io\rn.
CEDAR RAPIDS , la. , May 1. ( Special Tela-
gram. ) A soaking rain has been falling here
for some hours , with prospects ot IU continu
ation ( or sane hours. Corn planting will
now bo hurried Jtorward ns rapidly as possi
ble Small gtiidUls In excellent condition.
OTTUMWA , . Ito. Mny 1. An Inch of rain
fell nlonfr thnCJVoad today from Ottumwa
cnst to the Mississippi river. The rain Is
of Inestimablev"ulue to crops.
ALL LOOKS" lSACKfUL AT FKNUBU
Witr Talk In RulnldliiR ni tlio Unyi Go by
" \VlIhout Action.
TENDER , Wett' , May l.-Speclal ( Tele
gram. ) A hefWy Tain left the roads In bad
condition and Shdrlff Mullln has deferred his
trip to the agency to arrest Bonaparte , the
Indian who assaulted the Wlnnebago
brother-in-law" of President Lommon of the
Flour noy conlphnyj until tomorrow morning.
An Indian 'w'ho cameIn from the agency
last night reported to Lcmmon that Uona-
parto waa In hiding , but It Is salil that his
whereabouts were given to the authorities.
Ordinarily a personal encounter between In
dians would not attract attention , but In
this Instance a relative of ono ot the central
figures In the present land trouble waa as
saulted and Lcmmon resented It by swearing
out the warrant. It Is believed that the ar
rest ot tlonaparte Is Inspired by Lemmon as
a test and that if Captain Ueck officially
recognizes the right of the sheriff at this
time to make arrests at the agency for an
offensH committed on the reservation It
would be Inconsistent to offer resistance In
the future should the sheriff seek to serve
papers In assault cases which might accrue
later on between tenants and Indian police.
The sheriff believes now that ho will not be
molested when ho arrests Bonaparte and
that Captain Beck will cheerfully surrender
the Indian wanted.
The Indian police In Jail were to have
been voluntarily released by the authorities
before the expiration of their sentence , but
a rumor reached the officers that Captain
Beck or Tom Sloan would make an effort
to secure a writ of habeas corpus and that
Sloan was In Omaha or Lincoln for that
purpose. It was decided to hold the prison
ers , as the county authorities are eager to
test the question of authority.
All kinds of rumors arc afloat , bat the
general Impression now Is that Mullln will
get Bonaparte without a struggle and In the
event of the failure of Captain Beck to se
cure a writ of habeas corpus for the telease
ot Elk and BInckhawk , he will not attempt
further evictions with Indian police until
tha courts decide the question.
Panderltes claim that troops cannot bo
sent here as long as no blood Is sheJ , and
while It would require very little to precipi
tate trouble. It Is now evident that war talk
la dwindling Into whispers of peace and the
entire battle will be fought out In the courts.
Excitement Is subsiding , but Interest Is by
no means abated.
HUItNKI ) T11K OOVKKNMUNT SCHOOL
Disastrous Dro on thn .Stinted Sioux Itcscr-
vntlnn In Nohninkn.
NIOBRARA , Neb. , May 1. ( Special Tele
gram. ) The government school building at
Santee agency was burned to the ground last
evening. This makes the second school buildIng -
Ing that has burned within four years , and a
few weeks ago a large annex burned. The
loss Is about $40,000.
Wnntr thn Overload to Settle.
ELKIIORN. b. . May 1. ( Special. ) J. C.
Stubbs , burnt ) ballast contractor of Mount
Pleasant , la. . Is" here for the purpose of ef
fecting a settlement with the Union Pacific
receivers for rebalance he claims Is due him
on a ballast contract. Stubbs burned a kiln
of ballast twomlle.s , east of this city for the
Union Pacific Ut ) season , and he claims there
are several t ty\uso d dollars yet duo him.
The railway nsopte- repudiate the claim and
have a largo force of men engaged In remov
ing the bailast'itd jictlnts along the line where
it Is used on the' roadbed. Stubbs , acting on
the advlco of'Jils 'attorneys , will make an
effort to gain { jjssepslon of the kiln peace.i-
bly or otherwUo-f-aml liolrl It until the rail
way people sqilnrellils claim.
' Ther6 was ai'rtiass meeting of the citizens
held here last 'ftrgnt" for the purpose tf selectIng -
Ing a committee- - ascertain , us near as
possible , the individual losses on account of
the- Easter SuiKlh'y fire and apportion the
beneflMund now rn'hand among ! the principal
losers proratap ' >
Fanner *
GOTHENBURG , Neb. , May 1. ( Special , )
Yesterday Fred Gerdes , who lives two miles
east of this city , swore out a warrant charg
ing Leonard Nelson and James Bamerio with
assault. Gerdes has the quarter section of
land adjoining Nelson leased. Nelson pays
no attention to this lease , but turns his stock
on the land regardless of notice. Yesterday
Gerdei rode out and attempted to take up
the stock , when Nelson and Bamerlc ap
peared and Barnerlc held Gerdes while Nel
son drove away the stock. At the trial b-
fors Justice Linn today Bamer'c ' and Nelson
pleaded guilty. Sentence will probably be
passed tomorroAV. _
Shot tha Urone IVrnon.
LINCOLN , May 1. ( Special Telegram. )
At 6 o'clock this evening while Gustavo Behr-
waMt was eating his supper some colored
boys began throwing stoues through bis win
dow. He went out , followed by his wife , when
the boys attacked the woman. Bchrwaldt
went into the house and got a shotgun. As
he came through the door the lock caught on
a screen door and the gun exploded , the
charge entering the loft arm of his wife.
llnlfor 1'fiilotl to 1'Boipa.
LINCOLN , May 1. ( Special Telegram. )
At 9 o'clock thla evening Henry Baker , a
convict sent up for several years for high
way 'robbery from Douglas county , attempted
to escape. As the convicts filed In to go to
their cells he slipped out of the line and
hid In a cell. He was not missed until be
tried to secure a safer place , when he was
observed and captured by on& of the keepers.
ninrrlonii llpfuscd Hull.
CHADRON , Neb. , May 1. ( Special Tele
gram. ) District Judges Klnkald and Bar-
tow today handed down a decision refusing
ball to Arthur Morrison , who killed A. V.
Harris at Crawford some time ago. They
ordered , however , that ho be removed to
8om3 other Jail than that ot Dawes county ,
which has for a long time been In a very
poor sanitary condition.
Death of J. 11. Workman ,
EXETER , Neb. , May 1. ( Special. ) J. B.
Workman died Monday morning after a long
Illness. He has several t ns and daughters ,
J. W. Christie , who * as taken III In
Omaha last week , returned homo Saturday
evening.
John Songster has taken a clerkship In
the grocery establishment of J , C. Wilson
of this city. _
l.ft Them Try the I.oral Courts.
LINCOLN , May . ( Special Telegram. )
The supreme court today refused to take up
mandamus procJedmgs against the Omaha
canal bond proposition. The court said , in
substance , that It had not the time during
the trial of theJIIIt | case to listen to argu
ments , and suggested that the Omaha courts
were available .to the applicants for a writ
of mandamus. > .
_
Womnii Hu < fll' ( or llrt-iich of 1'romUo.
BEATRICE. May > ! . ( Special Telegram. )
The petition otJIpory Klein was filed In the
district court .hero today asking Judgment
for $1,000 agalh&t Anne Janssen as damage
sustained by bin ) fn , consequence of her fall
ing to carry o\tt \ arj agreement ot marriage
made between jihera at her request In No
vember , 1894 , and i renewed In March , 1895.
Jailed.
ASHLAND. ' "Neb' . . May 1. ( Special. )
Sheriff Whltelock. today received a telegram
from Waverley to arrest two men who were
suspected of being burglars. The men gave
their names as Jim Adams and Jack Burke.
They declare they have no knowledge of
what they are held for and are not the
least bit uneasy. _
Defunct liaiiK Mini.
BEATRICE , May 1. ( Special Telegram. )
Gage county commenced action today In the
district cpurt against the defunct American
bank and Its bondsmen for $4,2CO , the
amount the county treasurer had on deposit
with the bank at the time Its doors were
closed In July , 1893 ,
Injured \ \ hllnriMlllni. .
ORD , Ntb. , May 1. Special Telegram. )
While wrestling with a schoolmate , Anthony
Kokes was thrown against a post and the
point of a lead pencil pierced bUreast , In
flicting a dangerous wouud.
TEXAS RATES CASE HEARD
Interstate Commerce Commissioners Ilnlsh
Their Work at Omnha.
FURTHER TESTIMONY AT KANSAS CITY
Local Slilpora Show the llnriliihlp of the
Difference In Itnteg front Trxn * In
1'utor of Hntitns City Mtock
Yards Vitally Interested.
The Interstate Commerce commission con
tinued taking testimony yesterday In the
case of the Commercial club against the
various railways , wherein It Is alleged that
they have been discriminating In favor of St.
Joseph and Kansas City on rates from the
south.
W. N. Babcock , general manager of the
stock yards company , testified practically
the same as did Commissioner Utt Tuesday.
On cross-oxamlnatlon Mr. Hagcnback asked
the witness tf It was not a fact that by
reason of Its better location and larger mar
ket Kansas City was In a position to com
mand better rates from the different roads.
In answer the witness stated that Kansas
City rates were controlled by a one-man
power and that that ono man was heavily
Interested In the Kansas City stock yards
and In railroads running Into those yards.
In answer to another question , Mr. Babcock -
cock stated that about COO cars of feeders
had been shipped to Kansas City from this
market between October 1 , 1894. and March
1 of this year , and that about 200 cars had
been bought by Omaha packers In Kansas
City and shipped here for slaughter.
Mr. A. J. Lannlngham , who represents the
Commercial Freight Bureau of Kansas City ,
asked Mr. Babcock If he would endeavor to
have the Fremont , Elkhorn & Missouri Valley
give Kansas City the same rates on stock
from points north of Omaha , provided Lan
nlngham would use his best efforts with the
Missouri , Kansas & Texas to get Kansas
City rates for Omaha. Mr. Babcock an
swered that he would , and then put the same
question to Lannlngham , who answered it
affirmatively.
John 3. Knox , traffic manager of the
Cudahy Packing company , then took the
stand , and after giving a brief history of the
establishment of the South Omaha market
stated that by reason of the Immense busi
ness done by his concern , the necessity of
having cattle at all times of the year and
discrimination of the roads against this point
Mr. Cudahy was compelled to establish a
branch house In Chicago , where ho could
buy Texas cattle.
At the afternoon session the Texas case
was completed on behalf of the complain
ants , and the case was continued till next
Saturday , when the respondents will Intro
duce evidence at Kansas City.
On cross-examination In the afternoon Mr.
Lathrop. representing the receivers of the
Santa Fe. undertook to make John S. Knox
admit that Omaha was recsivlng as favorable
rates as Kansas City , but found him a
tough nut to crack. Mr. Knox produced
figures showing that Kansas City and St.
Joseph shipped hog products to St. Paul for
24 cents per hundred , while Omaha paid 23VS
cents ; that on dressed bppf the Kansas City
rate was 30 cents , and the Omaha rate 28 cents
In going south Omaha la compelled to pay 7
cents per hundred more than Kansas City ,
which makes the rate prohibitory so far as
this city Is concerned.
Mr. Knox had labored with the different
railroad traffic managers and with the va
rious associations , and at one time Mr. Han-
ley , the th"n traffic manager of the Santa
Fe , promised to propose a change to the
association which controlled rates on his
road , but as it took a unanimous vote to
secure a change at the request of ono road ,
nothing was accomplished.
The witness further stated that his con
cern used about COO or 700 cars of salt per
year. As H all conies from Hutchlnson , Kan. ,
which has a rate from C to 7 cents higher
to Omaha than to Kansas City , he approached
preached the Union Pacific , which owns un
developed salt wells near Marysvllle , Kan. ,
and asked It to ship from that point , which
would put Omaha on an equality with Kan
sas City , The only answer be could get was
that salt was a matter of agreement between
the roads , and that to grant his request
would disrupt the whole association.
Mr. Knox stated that on account of the
unjust discrimination on the Texas cattle
rates Mr. Cudahy was compelled to establish
a'house In Chicago , and that he was now
seriously considering the advisability of en
larging the Chicago plant and decreasing the
plant bere.
After closing this case the complaints of
the Kearney merchants regarding sugar rates
were taken up.
OKEOON SHOUT LINE CASH IN COUHT
Arguments ( or a Septirato ItrcolTor Ilenrd
hr Judge Stillborn.
ST. PAUL , May 1. The matter of the ap
plication of the Oregon Short Line and Utah
Northern railroad for a separate receiver
came on to be heard today before Judge
Sanborn In the United States circuit court.
This road Is a branch of the Union Pacific
and Is now In the hands of the receivers of
the Union Pacific.
There Is a motion for the appointment of
a separate receiver for the Oregon Short
Line and Utah Northern road. Tha motion Is
made by the American Loan and Trust com
pany of Boston , through thetr attorneys ,
Davis , Kellogg & Severance , of St. Paul , and
Moorefield Story and Henry Hyde of Boston.
The trust company is the trustee of whab Is
known as the consolidated mortgage upon the
Oregon Short Line and Utah Northern road ,
amounting to $10,000,000. Previous to this
application and some time In 1893 S. II. H.
Clark , Oliver W. Mink and B. Ellery Ander
son were appointed receivers of the Union
Pacific road , Including the Oregon Short Line
ruad. Subsequently two receivers were added ,
Frctlerio II. Coudert and John W. Doano ,
representing the United States. The receivers
so appointed have operated the Short Line
solely In the Interests of the Union Pacific ,
and have paid no Interest on the mortgages.
In February application was made to Judge
Gilbert In Oregon for the appointment of a
separate receiver , and ho appointed John M.
Egan. The same application la now being
heard before Judge Sanborn , It Is claimed
that If separate receivers are appointed the
property will pay sufficient to pay the- Interest
on Its mortgages , and there being a default
In tbo mortgages , the American Loan and
Trust company claims the right of posses
sion. Should the Oregon remain In the hands
of the present receivers it will teen be lost
to the Union Pacific , because the mortgages
are being foreclosed.
The attorneys opposing the application are
Wlnslow S. Pierce of Now York and John M.
Thurston of Omaha. Senator Davis began his
argument this morning , and will bo followed
by Mr. Story and Mr. Kellogg. Judge San
born has given each side two days.
MAKKS TROUULEl-OUPASSKNGKH MKN
Notice Sent Out by the Union 1'mclflo In
conveniencing Kosteru Connections.
CHICAGO , May 1. Some of the eastern
connections of the Union Pacific are ftlrred
up over the notices sent out by that line 'n
relation to the ticketing of business co'ng '
west via Omaha. They claim that as the
notice now stands Its effect would bo to
abolish the sale of the through tickets to
many points west ot Omaha. The notice , as
Issued , reads : "On and after May 1 the
Union Pacific will decline to iccpt over its
lines between Council Bluffs end Omaha
tickets having coupons reading over lines
west ot Omaha. "
There are many points west of Omaha not
reached by the Union Pacific , business to
which would naturally pass through Omaha.
If the notice contained the words "to points
reached by the Union Pacific , " ticket a sen In
would know Just what to do , for as the notice
now stands it means that no through tickets
can be gold through Omaha to points now
reached by the Union Pacific. The matter
has caused great Inconvenience to the east
ern connections of the Union Pacific , as the
order went Into effect today.
Intortlianceitblo MlloaRo I-uld to Rent.
CHICAGO , May 1. Passenger representa
tives ot the Central Traffic association lines
met here today , principally ( or the purpose
of considering the Issue of an Interchanges-
bU mileage ticket , for which the traveling
men have been working desperately for some
time. So many ot the roads were opposed to
Issuing such a ticket that the case ot the
traveling men was hopeless before the meetIng -
Ing began. After a short discussion the prop
osition to Issue Interchangeable tickets was
laid OD the table , where It will , without ques
tion , bo allowed to remain. No other action
of Interest was taken In the meeting , ,
It. O. It , AN. I.cniud MUCH' Omerrx.
CKDAH HAPIDS , In. , May l.-Speclnt (
Telegram. ) The mi mm I meetings ot the
Cedar Hapld ? , Iowa Kails & Northwestern
railway , the Cedar Haulds & Clinton rail
way , the Iowa city & Western railway
and the C'hlcngo. Uecornh & Minnesota
railway , leased lines of the Burlington ,
Cedar lla | > lda & Northern Hallway com
pany , were held In the company's olllce hero
today. Directors and tbo following ofllcers
wore chooen : C. J. Ive , president niul
general manager ; J. C. Broccksmlt , vice
president ; W. P. Urndy , secretary ; 8. S.
Dorwurt , treasurer , ami II. K. White , chief
engineer. The ofllcerji nre the fwmp for
all the companies except the ln t , of which
H. II. Ilolllster of New York Is treasurer
nnJ S. S. Dorwnrt assistant treasurer.
ijurrs.
Its Doors Cloned I.nut Night ttccuuso o
I'lnnnrUl Kinlmnii ! mrnt.
The Equity Clothing Co. will do no more
buslneis at 13th and Farnani street , at least
It looks that way by the sign that will bo
seen on the front door this morning.
Further particulars than this could not
bo learned , as none of the proprietors could
bo seen. It Is to be hoped , however , that
some sort of compromise will be made that
will enable the Equity to resume.
OUTl'UTVF H'lUiTEltS IMC/C/.YO 11OVSKS
lllcrcasn In the Mori-incut of Ilogi
for the AVcnk.
CINCINNATI. Mny 1. ( Special Tele
grams Tomorrow's Price Current wilt say :
The western packing indicates a totnl of
235,000 hogs for the week , compared with
22o.OOO the preceding week nnd 210,000 the
corresponding- week last year , making' a
total of 2.1UO.CO ) ulnae March 1 , Mijalnst
2,155,000 a year HBO. I'romlnent places com
pare as follows :
Mltllit'8.
No change Is noted In the condition of Rep
resentative Illtt.
The cruiser Atlanta will sail from Key
West for Cuba today.
Ono thousand miners In the Pocahontns
district In West Virginia are out on a strike.
Ketcham & Rothchlld , furniture dealers at
Chicago , were burned out last night. Loss ,
$40,000.
General John Newton , president of the
Panama Railroad company , died yesterday
In New York.
A heavy hall storm swept over Hudson ,
Wls. , yesterday. Frnlt and farm crops were
greatly damaged.
Three hundred employes of the Jancsvllle.
WIs. , cotton factory are on a strike for an
Increase of wages.
The Utah constitutional convention yester
day adopted the anti-polygamy section of the
new state constitution.
Governor Morton of New York has granted
a respite of ono week to Dr. lluchanan , the
convicted wife poisoner.
John King has resigned the receivership of
the Erie road and E. II. Thomas has been
appointed to the position.
The troubles at tbo mines at MInersvllle ,
O. , were settled by the State Arbitration
board and the men have resumed work.
.Ono thousand employes of the furniture
factory of the Matton company at Sheboygan.
WIs. , struck yesterday for Increased wages.
Six hundred coal miners at Loudon , Ky. ,
wont on a strike yesterday. They want 60
cents a ton and the operators offer only G5
cents.
The Social Science club of Kansas will
meet today In Leavenworth. Prominent
women from all over the country will bo
present.
The United States circuit court has ordered
the New York & New England road , now In
the hands ot receivers , to be sold under the
mortgage.
The executive offices at Lexington , Ky. ,
were closed yesterday on account of the
tragedy In which the governor's son was a
central figure.
The supreme council of the Uniform Rank ,
Knights of Pythias , In session at Indian
apolis , has appointed a committee to revise
the secret work.
Moulders In eight different foundries In
Cleveland struck yesterday for an Increase In
wages. Nine firms In addition to these agreed
to the new scale.
Arguments were heary In New York yester
day on the removal of C. P. Httntlngton to
California for trial. The court took the matter
under advisement.
The United States marshal Is organizing an
armed posse to go to tbo Turtle Mountain
reservation and arrest the turbulent Indians ,
for whom he has warrants.
The time of the Denver Grand Army of
the Republic encampment was taken up yes
terday by the reports ot the credentials com
mittee and department officers.
The Now York legislature yesterday de
feated the bill compelling women appearing
In public performances to wear skirts. The
Gray racing bill was also defeated In the
senate ; .
Judga Bellinger , at Portland , yesterday or
dered the plea of guilty made by Counter
feiter Davenport to bo stricken from the
docket , and he will probably be acquitted on
the ground he was Influenced to commit the
crime by secret service agents.
Harry B. McMasters , assltant cashier of
the Kau Claire ( WIs. ) National bank , la
short $25,000. It Is said he lost The money
on the Chicago Board of Trade. Charles H.
Green , ex-city treasurer of the same place ,
was arrested yesterday for embezzling $30-
000 of city Junils.
of all cases of consumption can , If taken fa
the earlier stages of the disease , be cured.
This may seem like a bold assertion to
those familiar only with the means Kcncr-
nlly in use for its treatment ; as , nasty cod-
liver oil and its filthy emulsions , extract
of malt , whiskey , different preparations of
liypophosphites and such like palliatives.
Although by many believed to be incura
ble , there is the evidence of hundreds of
living witnesses to the fact that , in all its
earlier stages , consumption is a curable
disease. Not every case , but a large per
centage of cases , nnd we belie\cJtilly 98
percent , are cured by Dr. 1'ierce's Golden
Jledlcal Discovery , even after the disease
lias progressed so far as to induce repeated
bleedings from the lungs , severe lingering
cough with copious expectoration ( including
ing- tubercular matter ) , great loss of flesh
and extreme emaciation and weakness.
Do you doubt that hundreds of such cases
reported to us as cured by "Golden Med
ical Discovery " were genuine cases of that
dread and fatal disease ? You need not take
our word for it. They have , in nearly every
instance , been so pronounced by the best
and most experienced home physicians ,
who have no interest whatever in mis
representing them , and who were often
strongly prejudiced and advised against
a trial of "Golden Medical Discovery , "
but who have been forced to confess that
It surpasses , in curative power over this
fatal malady , all other medicines with
which they are acquainted. Nasty cod-
liver oil and its filthy "emulsions" and
mixtures , had been tried in nearly all these
cases and had either utterly failed to bene
fit , or had only seemed to benefit a little for
a short time. IJxtract of malt , whiskey ,
and various preparations of the hvnophos-
phitesliad also been faithfully tried in vain.
The photographs of a large number of
those cured of consumption bronchitis ,
lingering- coughs , asthma , chronic nasal
catarrh and kindred maladies , have been
skillfully reproduced in a book of I Co
papea which will be mailed to you , on re
ceipt of address and six cents in stamps.
You can then write those cured and leant
their experience.
Address for Hook , WORLD'S DISPENSARY
MEDICAL ASSOCIATION , Buffalo , N. Y.
'TIS YET
May , the Last of the Three Great
Months.
The Close of Nature's Yearly Re
vival Season.
Recovery is Now the Most Rapid
and Lasting.
Paine's Celery Compound Makes
Vigorous Nerves.
It Purifies the Blood as Nothing
Else Can Possibly Do.
As a spring remedy Palno's celery com
pound stands easily first In the careful Judg
ment of the physicians of this country.
This rcmarkablo discovery of Prof. Edward
E. Phelps , M. D. , LL. I ) . , of Dartmouth col
lege Is In fact so certainly first In the estima
tion ot thinking men and women In every
calling throughout the United States today
that there can fairly bo said to be no second.
For strengthening the sick , restoring the
spent energies of those who have become
nervously exhausted , for purifying the. blood
and making people well , Palne's celery com
pound has never yet been approached by any
sarsaparllla , tonic or nervine. It Is as super
ior to them all as strength Is superior to
weakness. TCio remarkable results from the
nso of this great remedy are today known at
first hand in every city and village In
America.
The people are today thoroughly satisfied
by personal experience that Palne's celery
compound makes pecplo well.
Where the nerves have not been properly
feed and neuralgia , nervousness , inability to
sleep , rheumatism and such evidences ot de
bility have entered , Palne's celery compound
have created a now appetite , restored lost
strength and given courage , new blood and a
strong , healthy will to live and get well.
Try It.
IT" FOR "ALIMITED TfM E
A HANDSOME
FREE
FOR \O TEH-CEKT
TAGS
njbwn * PLUG
JUI TOBACCO
CHAMPAGNE FLAVOR
The American Tobacco Gcv
1 CUPIDENfc"
Cures the effects ot
celt-abuse , excesses ,
emissions , Impotency.
varlcoccle and consti
pation. One dollar
box , six for 55. For
sale bv THE GOOD
MAN DRUG CO. . and
KUHN A CO.
DOCTOR
SEARLES
&SEARLE3
jj. Chronic ,
Nervous ,
Private
Diseases ,
Consultation I'rea
TKHATMUNT nv MAU *
Wo euro Catarrh , all diseases of th
Nose , Throat. Ghost , Stomach , Liver ,
Blood , Skin and Kidney Diseases , Fe
male Weaknesses , Lost Manhood , and
ALL PRIVATE DISEASES OF MEN.
WKAK MEN AHB VICTIMS TO NUUVOU3
Debility or Exhaustion , Wauling Weakne i. la-
voluntary Lo ie . with Early Uei-.y in young
tnd middle aicd ; lace of rlffi. vigor and weak-
tned prematurely In approaching old age. All
field readily to our new treatment for lott ot
vital power. Call or addreawith ctamp for
rlrctilnra. fre book and receipt ! .
Dr. Searles anl Scares ,
AMUSEMENTS.
' SI VT1NU12 TOIJAV
BOYD'S AT
' , 130 I' , Al.
Tonight nud the Reit of the Week.
Matlneo Saturday.
THE LILiPUTIANS
In their Grand Spectacular Production
HUMPTY DUMPTY
UP TO DATE.
The sala U large , to coma early If you
want a neat.
J'WCEH-KJr t 3 rows , Dre Circle. $1.COI
balanre First Floor. $1.00 ; balcony , too and
75c ; nailery , Kc , Matinee prices samt M