THE OMAHA DAILY 9BI3E : SUNDAY , MAY 12. 18075. NO VERDICT IN HILL'S ' CASE Jury Ooulcl Not Agree as to the Ex- Troasurer'a Liability. DISCHARGED AFTER MANY H3URS Bomo Indlentloni Hint No I'nrtlier tlon Will Ho Undertaken Appro- prlnllon for thut 1'nrposo About iliau : tcil. LINCOLN , Mar 11. ( Special Telegram. ) The Jury In the case o the state against Johu E. Hill and bondsmen hag disagreed. Thl was expected from the time It left the Jury box at 4:50 : yesterday afternoon. At 10 o'clock tonight the supreme court sent for the Jury from the senate chamber. Under charge of a bailiff It filed In. Justices Post and Harrison were on the bnch , Chief Jus tice Norval having gone home , his wife being quite 111. Justice Post asked If there was any pros pect of an agreement. Foreman S. M. Bailey replied that the jury was just as far apart as ever and that there was no prospect of an agreement. Juitlco Post then said that ho did not consider that It would be just to detain the Jury any longer. While the court was anxious for a verdict. It preferred a dis agreement to a forced verdict. The court then called for the Instructions given the Jury and discharged the members. The Jury stood , at the time of the dis charge , seven for the defense and flvo for the state. At the flrst ballot yesterday It stood seven for the state and live for the defense. It continued In this way for a number of ballots until today , when the relative posi tions wire shifted and the members voted seven for the defense and flvo for the elate , and continued votinglu this ratio until dis charged. SPUNT A NIGHT IN THEIR CHAINS. The Jury retired last evening at 4:45 : , hav ing received Instruction which the counsel of both sides almost unanimously conceded were strongly favorable to the state. At 6 o'clock It went to cupper at the Ltndcll and at 10:15 : a lunch was served. The members romatned In the jury room all night with nothing but chairs whereon to repose. At 4 o'clock p. m. the jury sent word to ths court that It Oould llko to report and ask Instructions upon certain point. The members accordingly came Into court before the full bench. Chief Justice Norval asked If there was any pros pect of an agrcenunt. Foreman S. M. Ilalley replied that he did not think there was. The Jury was composed of the following : 8. M. Halley , foreman , Falrbury ; C. F. Tag- gart , Douglas ; Frank Mitchell. Lancaster ; J. It. Ilayard , Saunders ; Adam Pllger. Stanton ; A. V. Shepard. Dodge ; C. N. Carpenter. York ; Samusl J. Hell , Uutler ; J. P. Illandln , Saline ; George S. Ward , Clay ; A. H. Wilson , Thayer ; Walter O. Clarki Douglas. The Jury presented the following written quectlons to the court : "Are we to consider that It established a presumption that the alleged bond was pre sented to the two governors by Hill or for hint for their approval , because It bears the endorsement of their approval , the same as the prcseumptlon to be considered as per your Instruction number G when referring to filing marks of the secretary of state. " To this the court replied as follows : POSITION OF THE COURT. "You are Instructed that the fact that tbe Instrument declared upon was approved by Governors Thayer and Boyd raises o pre sumption that the Instrument was presented to them , by Hill or by some one for him. Such presumption la not a conclusive one , but may bo overcome by the evidence , That Issue , like all others , you must determine from the facts and circumstances established upon the trial. " The Jury then retired. Soon after Its re turn from Supper to the Jury room the mem bers were followed by servants carrying a lunch and a big bundle of bd clothes. Soon after 8 o'clock the senate chamber was lighted up. and the court and counsel sat around In groups awaiting the action of the Jury. Although the Jury had under consid eration only the ono point , the validity of lull's bond as state treasurer , Its probable action had become the tensatlon of the hour In Lincoln. It was understood that the In structlonft of the court , especially No. . 6 , bars out tbe presumption that should this jury find that Hill's bond was valid , a ver- dlot for $236,000 against Hill and his bonds men would bo rendered. Should the jury find the bond not a valid Instrument , there were other points remaining to bo pasted upon by the court. MAY HAVE NO FURTHER TRIAL. But the disagreement of the jury on this one point disposes of the whole case. A new trial Is being talked of , but It Is not certain that the $10,000 legislative appropriation Is dufflclent to warrant further efforts to re cover on the bond of ex-State Treasurer John E. Hill for money lost by the failure of the Capital National bank. It wa developed today that , by advice of Attorney Lambertson , the claim filed with K. 1C. Haydcn , receiver of the bank , for $236,000 had been withdrawn by Slate Treas urer Hartley. The latter says ho will now proceed to SUB on the same claim. It Is thought that at least $40,000 more could be recovered for the state by Bartley. The case just closed will bo a memorable one , not only on account of the conflicting points of law adduced , the fact that for the first time a jury has been called btforo th supreme court of Nebratka , but also from th length of time consumed by tbe jury over thirty-one hours. Justice Post announced that the supreme conrt stood adjourned until May 21 at 9 o'clock a. m. _ _ _ _ _ _ _ MU.VT 1'AY I'On 1M1MNQ TO WIIISTMi Novel Bull Aijiilnit the Omaha llegui ) lu Hurt County. TEKAMAH , Neb. , May 11. ( Special. ) A novel case has just been filed In Hurt county court. It was begun by Alonzo D. Miller of Lyons , Neb. , against the Omaha Railway company , The plaintiff tuca for $78,900. The seotlon under which Miller brings his action provides a fine of $50 for every failure to whistla at crossings , one-half of the fine to go to the Informant. Miller rosldes on a farm near a railroad crossing and has kept an account of such failures to blow .the whistle of passing- trains between May 4 , 1894 , and August 9 , 1894 , and noted 1,578 such failures. The petition consists of G2d sheets of tpyowrltten legal cap. The farmer has retained good counsel and evidently In tends to get some money or thoroughly test the law. _ _ _ _ _ _ _ Auli'nml' * Crnok 1'ttclior i.onrpi. AslILANP. Neb. . Ma11. . ( Special. ) Ulley Holderman , Asliland'3 crack pitcher , who "tunned" eleven men In succession In last Saturday's game between Weeping Water and Ashland on the homo group ' - . left this framing for Chicago In company with his aged mother. _ Developed Into H Hurt * Thief , DKCATUR , Neb. , May 11. ( Spsclal. ) Yes- telday morning a young man straggled Into team , and the first objective point which h irfiae was the Decatur hotel. Ho told a W- ta | tile about being broke , and Landlord Paso donated a hearty meal. After eatinghl C'PT COPl'O.V17.0ATG T.ISK OF 7lO 7)n CERTIFICATE. Anticipating the lllcht of the Subscriber to Participate in THE OMAHA BEE'S FREE BOOK DISTRIBUTION SUNDAY , May 12. f ) NB CERTIFICATE , with flv ' -C cents to cover poauge , mailing ami elirloal exponsnr , entities the subscri ber to one vohimo ( papir covtr ) . se- Uetcdj from the pjlntod catalogue ol > me Omaha Vtt Tree-Book Distrlbu- tHn , 0 td coin ; ai ctamps. AUDJIES3 PnbUshor The Oraalm Dee , , FllEU BOOK DIJPATITIIENT. Oinaha , Neb. breakfast ho slipped out , pawned his over coat for CO cents , and then sat In a poker game and went broke. From there he walked down to a livery stable and secured a team under the pretense that ho was going to the Wlnnebago reservation tor horses. He drove to Dakota City and sold the entire out fit to n man at that place tor $40. A citizen from this town happened along and witnessed the sale , and , suspecting something wrong , had the fellow arrested. A deputy went up today to bring him back. l.KIDKllf IN UIIAItUI ! AT THE 1'KN ( lovornor Ilolrouih * Appointee Succncils Wnrclnn lleeninr , LINCOLN , May 11. ( Special. ) Warden George W. Leldlgh , the new warden of the panltentlary , vice Bccmer , resigned , took official possession of that Institution today. Yesterday was the day named by Governor Holcomb , but Leldlgh said that It would ba Just as well to pass over the unlucky day of Friday and begin business Saturday morning. Ex-Warden Bcerner Is undecided what busi ness he will Immediately engage In. It has been rumored that , should the appraisers se lected to estimate the value of Dorgan's prison property , arrive at a settlement at an early day Ucemer may be appointed super intendent ot affairs In this line by the Board of Public Lands and Buildings. W. K. Howard , a plumber In the employ of the Korsemeyer company , was severely burned this afternoon In a gas explosion at the Funke opera house. Ho was looking for a gis leak under the stage , with a lamp , and when ho had followed the escaping current up to the point where the leak was located , and had pulled up a board to get at It , there was a terrific explosion of the accumulated gas , which burned him bully about the liands and arms. He was removed to Zeh- rang's pharmacy , where his wounds were dressed. Spontaneous combustion In the coal collar of Herpolshelmer & Co.'a dry good $ house caused a quickly suppressed conflagration at 3 o'clock this morning. Miss Jessie Wharton , a stenographer In the office of Abbott , Selleck & Lane , today filed an application In the county court , ask ing that the discharge of her former guardian , Ambrose Eddy , " be sot aside and he be compelled to make a settlement with his ward. It appears that Eddy owed Miss Wharton $340. and gave her a worthless note for the amount , thus obtaining a final receipt. She asks that the receipt be repudiated and the cash ordered paid. The county commissioners have run amuck with the Burlington , who claims that the county has pre-empted a parcel of Its land between this city and Waverly , which It Is using for road purposes. They desire the county to vacate immediately , and Surveyor Hart Is looking Into the matter. The Burlington claims that the government grant gave It 100 feet on each side of Its tracks , while the commissioners have always gone on the theory that the 100 feet meant on both sides , or fifty feet on either side. If the railroad la right and the commissioners wrong , the county will be put to a large out lay In constructing new roadways. Peter Blol has obtained a divorce from his athletic worse-half , Augusta , on the ground of cruel and Inhuman treatment , but as a salve to her amour propre , he Is ordered by the court to contribute alimony In the form of a deed to 120 acres of I mil In Mlddlo creek precinct , $200 In slmoleons and the far.lly laroi and penates. The last meeting of the Lancaster county teachers for this school year was held today In the rooms of County Suprlntondent Baer. The session was well attended , and the pro gram enlivened by discussions on "Methods of Teaching and Reports of Local Meetings.1 Dr. Morton , of the Peru Normal school , was presnt , and gave some valuable hints upon the Importance of teaching- arithmetic accu rately. Governor Holcomb has transmitted the fol lowing letter to the Grant Banquet associa tion , New York : 8TATB 0P NEBRASKA. EXECUTIVE DEPARTMENT. LINCOLN , April 2 , 1895.- General aronyllle it. UodRe , Grant lian- qilM-Association. New York. N. Y : My Dear Sir Nebraska heartily Joins In pay ing tribute to General Ulysses S. Grant , the citizen , soldier nml Stntesmnn , a part of our republic , Indestructible In Its history. As a warrior , bold , Intrepid and self-reliant , and na a statesman , loyul and patriotic , we share his glory ns a nation , but as nn un- a mimlnir citizen , rendy to respond to the call of duty , we claim him for our great West. Honest , courageous and thoroughly de voted to duty , his unswerving fidelity to the cause of the union made him truly heroic. \ \ Ith stubborn persistency lie fought the battles for the preservation of a united coun try , and whenever duty called him he promptly and Implicitly obeyed the sum mons. In ancestry and education. In thought and In action , Grant was Intensely American. His character has been Indelibly Impressed upon the rmtlon. Every school boy can re pent the history of his life-Ills boyhood dnys on the fnrm. his education nt West Point , and the heroic deeds of daring dur ing the Mexican Invasion , his short life' ns n > civilian , the achievements which mnde him renowned when north and eouth were arrayed In deadly conflict , and finally his greatness ns a stntesmnn. To Illustrate the character of this truly great man we need to recall but ; two events In his magnificent career. Under the walls of Fort Uonslson , commanding nn army of fe'.Iow cltlzenn , nuITcriiiR- from privation * and exposure lu the rain , and snow , the tenacity of purpose and Inflexible will of the soldier were displayed when he called for an Immediate and unconditional surren der , adding : "I propose to mave Immediately upon your works. " There was no flinching there. IJuty and a fixed purpose Impelled him , and the warrior spoke. At Appomattox that Inflexible purpose , that dauntless determination had accom plished tbe surrender of the army of his great opponent. Grunt became creator than overall ! ! ! lie forgot for the whlls the years of bloodshed and violence , the bitterness and the suffering- , and declared : "The war M over ; the rebels ara again our. country men. " In this magnanimity he wad greater than In his unflinching valor. As the yenra roll on and partisan strife and sectionalism are softened and burled and men can see and think dispassionately , all will realize the true Krnndeur of this warrior , statesman and patriot ; and In the cnmliiK ages those who look back to trace the world's long- history will see the name or Grant beside that of Lincoln sicat mon umental stones to mark the existence of the nineteenth century. Permit mo to express my sincere regrets at my Inability to be present at your anni versary banquet. Yours very truly , SILAS A. HOLCOMB. V. r. f. C. i : . Convention Houtlnc. YORK , May 11. ( Special. ) The Young People's Society of Christian Endeavor con vention 1 still In session at this place. A great many delegates are here. 6:00 : ix. m. SunrU ; Prayer Meeting Miss Tena Mowbraj 9:00 : Devotional Service Itev. Horton , Osccola 9:30 : Secretary s report. 9:45 : Address Good Citizenship . . . .Rev , C. 8. Harrlton , Weeping- Water 10:15 : Wbal can we put Into our work to make it more cltlclt-nt ? a. Mone Consecration b More Enthusiasm o Stronger Allegiance to the Pledge. . . Lena Thygeson d Faithfulness to Committee \Vorlt. . . . Hollls J. Blsset e Loyalty to Our Own Churcl , Martha 12. Evens 10:13 : Address..Rev. C. J. Sag ? . Ulshiff City ll:15-Ilow : May ths Borletv Hilp IM Pas tor ? Rav. H. A. Lemon 11:30 : How May th ? Pastor Help His Society ? 11:45 : Devotional service. 1:30 : County reunions led by county super Intendents. 1:45 : Praise service. SsCO-Commlttre Papers- Lookout Miss X I1 | * Prcdley Player Meeting . . . .Rev. 11. V. I.ceron Good Citizenship a. W , Porte : Missionary Mrs. OVtiftree Hoclul Model lluslmsj Meeting C. W , Phllpo 3:00-Address : Junior Work Mrs. O. M. Needham 3:30-Open : ParllamJnt : The Swortl of the Spirit . . .Ilov. G. W. Dell , Nebraska City IsOft Miscellaneous. 4:20 : Reports from local and county unions 4It ! Corresponding secretary's conference : Tin Work of the Corresponding Secre- tary.Mlss Gertrude Combs , David Cltj 7 iO Sons mrvtce. SUO ; Address Dr. Ol. M. Long , Yorl IUU I.lvril it Century. GRAND ISLAND. May 11. ( Special TcU cram. ) Grandma Osborno died at the Uom ot her son , Charle * T. Osbarne , near Cairo this county , yesterday , aged 100 years. He math r was nearly as old when she died. nn. tie grandmother of the deceased was li ; years old. IND1AKOLA , Nob. . Mar 11. < Sp cl TeloFjrjrr. ) Mrs. Dlna Slennei , a pioneer c southwestern Nebraska , died In Omaha lat evening. Her uuiband w s Killed on Sapple creek , October 1 , 1878 , by the Indiana. A brfitlur and several grown children rerfd near tli ! place. The remain * will ba brougb hero for burUl twnoucw. SCHOOL BOARDS CONTINOUS Suporinkndtnt Corbett Holds There is No Such Thing as a Now Board , CAN EMPLOY TEACHERS IN ADVANCE Opinions to the Contrary Itnvo Only llocn Rendered \Vhcro the Term * of All the Hoard Hxplro nt the Jiimo Tlmo. LINCOLN , May 11. { Special. ) The state superintendent afllrms the power ot school boards to elect and contract with teachers ( or the next school year. The following official letter was sent out from the state department of education yes terday : OFFICE OF STATE SUPERINTENDENT OF PUBLIC INSTHUCTION. LINCOLN , Neb. , May 10 , 1895. E. H. Ulnslmw. Esq. , President of Board of Education , Falrbury , Neb. : Dear Sir In your favor of recentdato you sumblt for decision the question whether school boards have the authority under our present statutes to employ and contract with teachers for the ensuing school year begin ning In September , before the newly elected members of the board enter upon the duties of office. There are three distinct classes ot school boards under the ftatutcs of this state : Dis trict boards In primary districts , district boards of high school districts , and boards ot eiucatlon In city districts. Each ot these boards Is a continuing body , only One-third of Its membership changing each year. There s. In fact , no such thing as an old and nu\v \ board. It Is one and the same board before and after the accession of new members. It s evident that In general the board can bind ho district by contracts which cxtenJ beyond he time \sh n now members take tlielr seats. Otherwise , contracts for echool furniture and chool houses would come to an end with the expiration of the current echool year. The powtr ot the bflard to contract with teachers rests upon the same authority as that to make other contracts , and Is granted by the statutes In the same general terms. And a valid and binding contract with n teacher nay be made for crvlccs to bo rendered dur- nR the next school year , If made In good 'alth ' and for a reasonable period , The question here Involved was fully dis cussed and settled In ths following cases : Reubclt against School Town nt Noblesvllle Indiana ) , 7 N. E. Rep. . 200 ; Glllls against Space , 63 Harbour. 177 , and Walt against Ray , C7 N. Y. , 36. Other similar decisions are found In 16 WIs. . 336 ; 60 N. W. Rep. , 293 ; 27 N. E. Rep. , 303 ; 7 Wend. 182 ; 4 Hill. 168 ; r.3 Ark. . 463. In two Illinois cases (87 ( III. , 255 , and 92 111. , 293) ) the opposite view was tak.n , but here the powers of the annual meeting were different from ours. Including among other things the designation of the studies to be taught. In two other cases (5 ( Jones , N. C. , 9S , and 51 Mo. , 21) ) the right ot the board to chct before the aunual meeting was denied , but In both of these the board was not a continuing body all the members going out at the annual meeting and an en tirely new board being elected. POWER IS CLEAR. It Is clear , therefore , that tha board has ; ho power to employ teachers for a reasonable : tme extending beyond the current school rear , unless their power Is plainly limited ay some other provision of the statutes. What constitutes a reasonable contract la a ques tion of fact to be determined In each par ticular case. The Nebraska statutes provide that at the annual district meetings In the primary and high school districts the voter * may deter mine the number of mills of tax to In-levied [ or school purposes for the coming year , the length cf time school shall be taught , and whe.tier the school shall be taught In the summer or winter or partly In each. The power of the board to contract with a teacher tor a time beyond the current school year Is therefore subjsct to these powers expressly granted to the annual meeting ; and the dli- trlct board In employing n teacher fcr the coming year can only make , prior to the annual meeting , a provisional contract , subject to the action of that meeting , In matters expressly trusted to It by law. This provi sional contract will be valid and binding after the beginning of the new scUool year t net Inconsistent with any lawful action of the annual meeting. It should bo noted here that Ifto powers of this meeting do not Include the election ot teachers , and further , that by a wise- rul ing of my predecessor the annual meeting Is denied the power to votr no school If there are children In the dlsu.ct needing school privileges. In city districts governed by the provi sions of subdivision XIV of the school laws there Is no annual meeting. The Board of Education Is clothed not only with the powers belonging to the board In other districts , QUt also with the powers belonging to the annual meeting. The limitation existing In primary and high school dis tricts Is therefore entirely absent In lr.ielr case , and they may employ and contract with teachers for the coming school s'ear whenever the Interests ot the district shall require such action. BASED ON GOOD POLICY. This conclusion rests not only upon law but upon public policy as well. The election ot teachers before the beginning ot the new school year tends to make th occupation of teaching-more desirable , because less preca rious , and , therefore , tends to retain In that profession the services of the moat competent persons. Many excellent teachers might be last to the school and to the state If our school boards were not authorlz > d to em ploy them until after tbe second Monday In July. The legislature has , therefore , wisely left the rratter to the sound discretion of the board. It may bs urged that In some Instances ths authority to employ teachers for the next school year may bs ud to forestall the action of the newly elected numbers , or to defeat the will ot the reople ; but since only one-third ot the members go out at a time , the danger Is not very great. Every power vested In public officials Is liable to abuse. But the fact that a power may be abused Is hot a sufficient reason for holding that It does , not exist. Official Integrity of public officers Is properly presumed. A dcslr ? on their part for the prosperity cf the schools , whose affairs they manage , and a proper regard for the rights and opinions of the Incoming members of the board can In most cases b ? rolled upon with confidence. Our statutes limit to three years the time for which the board > iray contract with a superintendent ( section 8 , subdlvls'on xlv , ) , In a former rulingof this department It was held that tlio legislature thereby evidenced Us Intention to limit the tlms for which the board might contract with teachers to the current school year. Such a conclusion Is not supported by the law or the adjudicated 'cases , and would , In my opinion , greatly In jure the efficiency of the public school sys tem of the state. I am , therefore , of the opinion , after a careful study of the question ! Involved , that boards of education In cities have the legal right to employ and contract with teachers for the ensuing- school year , without waiting until the- newly elected members have en tered upon the duties ot office , and that such contracts made by boards of directors In primary and high echool'dlstrlcts will be valid , If not Inconalitent with any lawful ac tion of ths annual meeting. Respectfully submitted. HENRY R. CORBETT. State Superintendent Public Instruction. I'iV | rli | for the A. O. U. W. V iltor * . KEARNEY. May 11. ( Special. ) The local committee appointed by the Ancient Order ol United Workmen to make arrangements for the sixth annual session of the grand lodge pf the state of Nebraska , which will meel hero next Tuesday and Wednesday , has got about through with Its work and everything will be In readiness at the appointed time. Tuesday evening a complimentary reception will bo tendered the delegates at the Opera house. Major General Fechet and Adjutant Gen eral Harry wtro In tue city Thursday nlghl inspecting company A , Nebraska National Guards. They also went to the Industrial school and Inspected the cadets at that In BtllUtion. Both 4he officers seemed well plolsed wlttl the Inspection ot the company arid paid the officers , as well as the boys , a high compliment. Hone Thief bentonced , TBKAMAH. Neb. , May 11. ( Special Tele- gram. ) Sheriff SfcGrew arrived today trom DiVota City wllh William Pfley , who had a ttfttn from Decatur and told It at Homer. rrlejMirtQf taken before Judge Hope- well this eTtfiltfe. pleaded guilty to the charge nnd w * * sJrHcnced to three years In the penitentiary.5 He Is about 30 years ot age. * ' FORIlliS * 1IO > USIKX AUK DlSPLUASIil ) ' I "I Fx-Clty Trrmutfr of Fremont May Have Morn Trouble In Hrttllnr , FRBMONT.JMay 11. ( Special. ) When ox- City Trcasurcr Forbes resigned In January , 1S93 , ho deeded.hla residence property , which do bought during ) his term of office , to E. N. Mose , as truste for his bondsmen , as a par tial settlement of his shortage. The bonds men have pM ths amount of his shortage to the city , but Forbes.still retains possession of the house aivl the bondsmen are getting nothing from It , and It Is reported lie refuses to give possession. If the bondsmen do not get posiesslon of the house soon a criminal proceeding Is likely to be brought. Mrs. Anna Simmons lectured at the Wo man's Christian Temperance union temple this evening to a fair sized and appreciative audience. A few days ago the police rounded up about forty tramps and escorted them nut of the city In "blocks cf ten. " For the past two day * -tramps have given the town n wide berth. The active class of the- Fremont turnvereln , consisting ot twenty members , will go to Mlllard tomorrow to take part In a prelim inary turning contest. The class has been In training frr several months and contains some of the best all round amateur athletes In the s'ate. Mr p. N. Sampler and Mrs. H. Blumcnthal gave a nxeptlon at the residence of Mrs. o.impler. corner of Main and Ninth strc-'ls , ytnlerday afternoon , from 3 to C , to about sivenly of their lady friends. The principal amusement provided was progressive nigh five , Mn. George Wellman receiving the firs : jirlre and Mrs. II. C. Mahanna Ihe rec- ond. The spacious residence was tastefully decorated , and at 6 o'clock elegant retreih- ments were served. FOR TII C.USK 01' AtlUJ WOMKN _ _ _ Liberality ot tlio Sttntton Family About to Itoar Friilt. L'INCOLN , May 11. ( Special. ) A reorgan ization of the board ot trustees of the Strai ten Home for Agjd Gentlewomen , resulted In the selection of Mrs. S. M. Smith ot Lin coln , Mrs. C. M. Woodward of Seward and Mrs. Anna M. Bunting of David City , as trustees , Mrs. Bunting elected vice president. Mrs. Woodward corresponding secretary and Mrs. Smith treasurer. Mrs. Rebecca II. 3t ration and T. A. Stratton ( who , with Z. Stratton , deceased , originated the enter prise ) , will remain , resprctlvely , president and recording secretary. The Institution U already In possession of a most beautiful location , consisting In part of a building t'lte of several acres of land about two and one-half miles north of O street , and between Twenty.-thlr'd and Twenty-fifth streets. In Lincoln , and 145 lots for endow ment. All tho-glft In' fee simple of th ? Strat ton family , fho Bame- Using held In trust by Lieutenant Governor ' 'Moore , M.ssrs. E. E. Brown , and R. OPhlllpp3. ? | Applications f.ot a sheltering. home for aged women are fre'quijntn which emphasizes the need of the Instlljulbn bplng op ned as early an possible. T Ji . "fplll bir attempted. The president and treeturer have been authorized to solicit fundHvionu with the recording sc- rstary will constitute a commlttea upon building and furnishing. ItKl.lC OitfAi DlVOItOi : SUIT. V 1 , 1 Mm. llny\vmilA ; ! Trojiorty Attached nt niM4 * I rn . CHADRON , < Neb. , May 11. ( Spccltl Tele gram. ) ThP w'a ' knawn HaywarJ dly e case Is again bforethp [ public. Attorney Crites. who was Mrs.c Hayward's attorney In the case , this moriittig Attached 'the stock of M. E. Smith & Co. , t&r his fees , which Mrs. Hayward had 'fffuAl to pay. The divorce case was ' 3ttl d. Ih Jhs district court , but was appealed ( o.th ? supreme caurf , and whtlp the trailer waf'pen'dlng Mrs. Hayward be- camft-riaentaJy | unbalanced , iiicjslone'fl by worry and troublei , miJ , "as ta'kfn , lo Omaha' for treatment. ( After returning frpm Omaha she refused to recignlze Crites , thinking that ho was Instrumental In sending hr there , and gave A. G. FIshir power of attorney. Slie refused the payment of $100 fees due Crites , which It had been agreed he should have. Crites sued htr , ricelvlng Judgment. She then filed an appeal bond , but which was' ' not filed early enough and was dismissed. She then enjolrtsd Crltea from serving an execution , and this Injunction was dissolved yesterday. Crites today requested payment of the judgment and was ' "fused. Hs then attached part of fho stock of M. E. Smith & Co. , of which Mrs. Hayward U the senior partner. Srlinvli'p ? otr nnd l' ir/nnil . SCHUYLER , Nsb. , May 11. ( Special. ) Lou Bryant and Lou 'Dodge left for Rlpon , WIs. , early In the week , where they will spnd the summer. J. K. Slnkula nnd family of Omaha spent most of this week In. the city with relatlvoa and friends. Slnkula was connecUd with the Bohemian publication , Nova Doba , while It nourished here , and Is now working In the In terests of the Pokrok Zapadu. Frank C. Relnecke left Friday morning- for a two weeks' visit with his brother , Adolph , and family at Van Alstyne. Tex. His wlf Went there two Weeks ago and will return with him. II. R. Fets of Rawllns , Wyo. , purchased the , Babcock Bros. ' farm near this city this week. It Is a stock farm , comprising 480 acres ; consideration , $1,700. Fets sold a newspaper plant In Rawllns and Invested the proceeds In the farm. Intending to utilize It as a sheep feeding farm. The ground was In excellent condition when all small grain was eown , and there has not been % day of r. cither since to check Its growth ; on the othe.r hand , there has been but the very best of growing weather. Corn I * being planted now and the ground Is still In the same good condition , so that the corn germinates very rapidly ; many an ncre of this great stable Is through the ground and growing nicely. If there Is a deficiency manifest anywhere It Is In the hay fields , many of which suffered from the drouth of last year to the extent of largo areas of grass bcns completely burned out. Farmer' * WlFn i.ommltx Snlclilo. GRAND ISLAND , May 11. ( Special. ) Mrs. Nlethammer , wits of a farmer , committed suicide by taking Rough on Rats. She was 31 years ot age. It Is said that she recently received a letter from a former husband In Germany , from whom she Is said not to have been dlvoroid , and It (8 ( thought the contents of this letter had something to do with the act. No Investigation 'was made by the cor oner. Her present husband Is nearly 70 years ot age. a me A new Btropt ' ( railway company has purchased the toprc ent franchise and In tends as ( Qtn Jina s It can obtain from the conned a franchise cover ing the right pfijwoyon new streeis and avenues to change tbe line considerably. The franchise pending In the council Is for elec tric or horss pqw f. though the latter power will ba used foV.the present. The Incorporator - porator * are IltTn Jul Fuehrman , H. C. Jofhnck. Hans Jo nck , W. S. Sailer and Joseph Sonderm . " , t _ Harm lltlttioil at Beatrice. BEATRICE , NW.7 May 11. ( Special Tele gram. ) Fire th ornlng at 3:30 : destroyjd tha barns on t < lgj premises occupied by Mrs , W. P. Baker anditCh E. Atkinson , on North Sixth street. ifaE/i Baker's driving horse was consumed in the j dunes. There was In the Baker barn a duauUty of household goods. The loss to the-fiMlhi It estimated at ? 2.GOO. The barns on the- premises of R. D. Fuller and Judge Hardy were also considerably dam aged. Total Insurance , | 60U. lo Obiervq Decoration Day. ASHLAND. Neb. , May 11. ( Special. ) Toe Grand Army of the Republic with the Woman's Relief corps , assisted by the other secret societies , are making preparations for thff observance ot Decoration day here. Tbe company operating the picnic ground * on Salt creek are arranging to have a large crowd at their formal opening of their enter prise on that day. lUchardioii Countjr Woodmen. FALLS CITY , Neb. , May 11. ( Special. ) The Woodmen of tha World have five camps in this , Richardson , county , and they have combined into an association , known as tbe Richardson Woodmen ot the World associa tion. They will hold their flrst union plcnli-U Salem May 11 FOLLOWED JACK FROST QUICK Inquiries Sent Oat by Railway Officials Bliow that Little D.imago Was Done. GARDENS IN CERTAIN PLACES BLIGHTED Growth of Clcnornl CropvSomeirlmt Checked i'robably but Vegetation Nut Ma terially Hurt-It Uii * In All Portions of tlio Slate. Railroad officials started early yesterday to ascertain from their agents along their lines of rails the- exact damage , If any. done by the frost of Friday night , the precipitation on the low lands of the city seemingly warrant ing the best Information as to ths extent of low barometer. Telegraph lines were kept busy all morning , with answers lo the In terrogatories sent out by the heads of the operating departments of th- several systems centering In Omaha , with the result that a careful tabulation of these replies shows that the frost did but little damage- throughout the state , although garden truck In a num ber of places suffered considerably. It Is thought , however , that fruit trees have not been greatly Injured , although grapes , at a number of stations along the tines , show de cided touches of the frost king. Superintendent Hughes of the Klkhorn gave out the following Information : "In the South Platte country , covering the lands from Omaha to Lincoln , Omaha to Sioux City , re ports show that but very llttlo * damage has been done , and In many places not the least evidence of frost was noticeable this morning. The superintendent of the line between Fremont and Long Pine telegraphed that there was a light frost tver his division , but that the damsge waf slight ; garden stuff suffered MmewmU and small sraln In a few localities on low ground would probably have a Httiu set bacK , but not seriously Injured , As for beets , he stated that only n small part were up ot the total acreage planted , and from present In dications the damage would be light. Superintendent Calvert ot the Burlington telcsraphed the general offices ct his com pany that the frost was Koneral In tbe west lialt of the uta'o , and showing In spots in the east half. However , It was apparently light everywhere and no damage was done except to garJcns In some places. Frost was heavy on the walks in Lincoln , but eo far as ho could ascertain from his correspondents , the tendcrest ot plants were In no wise In jured. Prom .the Union Pacific general ofllces It as ascertained that there was a light frost on districts 1 and 2 , bstnean Omaha and North Platte ; on dis trict No. 3 , between North Platte and Sidney , a heavy frost showed , whileon district No. 4 , Sidney to Cheyenne , It snawed considerably dur'ng the night. The country bstwoeii North Platte and Sidney Is not largely pUnted In small era In and therefore little damage Is Indicated. Between Omaha and North Platte officials state that beyond blighting garden truck In spots , th ? damjfp to small grain Is very light , although It will have a tendency to put the growth back a fortnight. U.UlAUi : IS TUB SI All : Injury fonflnril 10 n I'o\v Localities In thr l.mv t.i'iul" . TECUMSEH , Neb. , May 11. ( Sfeclal Tele gram. ) Last night's frost did great damage to corn , and especially fruit In this vicinity. FREMONT. May 11. ( Special ) Nls : John son , who Is one of the largest -raisers of sugar beets In this vicinity , says that the heavy frost of Frldav night did not Injure his crop at all , and that the plants are looking well. In some localities where the ground was wet , the hot weather of the early part of the week baked the earth EO thdt the tender [ ilJtits could not break through , and It was necessary to plant them over again. FRKMONT , Neb. , May 11. ( Special. ) There was a heavy frost here last nigh1 Owing to the air blng damp but little damage was done. Fruit trees are reported all right. Corn In some places was injured corsldcrably end etriy gud n trucV , espccUl y tomatoes , were badly nipped. Beets are re ported Injured little , If any. WINSIDE , Neb. , May 11. ( Special Tee : gram. ) Yesterday's rain was followed last night by a hard frost and fre2ze. Ice a quar ter ot an Inch thick formed. Corn planting Is progressing finely. O'NEILL , Neb. , May 11. ( Special Tele gram. ) A light froat visited thlo section last night. It Is thought no damage \vas ilono to crops. U has been so cool all day that It Is Impossible to tell whether or not damage was done. Another fine rain visited this section b.st night and today. ROGERS , Neb. . May 11. ( Special. ) A light froat followed the cold snap Friday , but the damage- done Is small. The pros pects for a good crop havene > er been better. WATERLOO , Neb. , May 11. ( Special. ) A heavy frost full here last night , but did no damage to speak of. NELSON , Neb. , May 11. ( Special. ) There was r. light frost hero last night , but It Is thought that it did little. If any , damage. Very llttlo rain has fallen here this spring. RANDOLPH. Neb. , May 11. ( Special Tele gram. ) Thursday night the wind blew hard and It rained heavily. Last night It frosted heavily and Ice was formed on water standIng - Ing In open vessels. Gardens are hurt con siderably , but growing crops are not thought to have sustained any serious damage. To night It Is clear and cold , but somewhat breezy. OSCEOLA , Neb. , May 11. ( Special. ) Polk county had n very heavy frost last night , and pcoplo say the gardens were very much In jured , ns peas and oher garden truck were In blcom. TEKAMAH , Neb. , May 11. ( Special. ) Crops wore never so far advanced at this season ot the year PS they are at this time , as the oldest settlers of Hurt county testify. Corn has made a cplondld etand , nnd no com plaints of cut worms are heard this year. SURPRISE , Neb , , May 11. ( Special. ) There was quite a heavy frost lu this vicinity last night , but llttlo damage was done. In some places.potatoes or garden vegetables were hurt. Fruit not damaged to any great extent. HARVARD. Neb. , May 11. ( Spfelal. ) The froat here last night did but little damage to growing crops nnd none whatever to fruit. Small grain Is looking fine , and corn Is com ing out ot the ground nicely. UIIBBHAM. Neb. . May 11. ( Special. ) A slight rain fell yesterday. It turned very cool last night. There was some frost , but fruit Is not damaged to speak of , especially on upland. Vegetables were damaged In some places. Oats are looking well. TOBIAS , Neb. , May 11. ( Special. ) One of the heaviest frosts seen here for some time fell last night , It Is estimated that much damage was done to early corn , fruit and gardens. Water was frozen one-twelfth of an Inch , BLUE SPRINGS , May 11. ( Special , ) The frost of last nigh' , though seemingly quite heavy , did no harm In this vicinity. Drifts of hall stones from the storm just cast cf here last Monday may still be seen , as much as three feet deep In places. The promise of bountiful crops ot all kinds has never been better In Gage county than It now Is. SHELBY. Neb. . May 11. ( Special. ) People ple who on Wedneiday and Thursday were seeking the shade were- out with their over coats yesterday. The mercury had dropped about GO degrees In twenty-four hours. A drizzling rain fell this evening. There was Ho frcst last night , although It was pre dicted by many NORTH BEND , Neb. . May 11. ( Special Telegram. ) A heavy frost fell herenn-l In this vicinity last night , but no great damage was done. Borne few patches of potatoes were nipped. Strawberry growers kept fires going all night through their grounds , which saved their crops. The weather Is still cold * nd clearing up. BLAIR. Neb. . May U. ( Special. ) Thers was a flight froit here Ust night , but It la thought It did not do any datnago to fruit , aa It U so far along now. ARAPAHOD. Neb. , May II. ( Special Tele- Bram. ) There1 was a heavy IrertB last night. Fruit and eirly Ttgetibles very tr'toml/ damiged. LOUISVILLE , Neb. , M y 11. ( Spttlal. ) A timely rain visited this part of the- county yesterday afternoon , continuing for score than an hour. SCHUYLER. Neb. . May 11. ( Special. ) There was a froit here last night ( hat did damage' to garden stuff thf It will take several oral days to repair. It was to evident yes terday evening that there would bo fro t that everything that could be protected was cov ered. Potatoes , tomatoes , beans , lettuce and tadlshei , together with a great many flowerf an fie ml most. M'COOIC. Neb. . May II. ( Spe la ! Tele gram. ) Ice formed In this locality last night to a thickness of nearly a quarter of an Inch , gardens and fruit In the low land ? being greatly damaged. DEW1TT. Neb. , May II. ( Special. ) There was quit ? a frost In this section last night , the temperature falling BO low that quite a little Ice n $ formed. Owing to the warm condition of the ground , produced by the high temperature of Wednesday and Thursday , no dimaga was done to growing fruits and vege tables. CRESTON , la. . May II. ( Special Tele gram. ) Frost and Ice formed this morning. Proipects Indicate ! more tonight. Tempera ture has fallen 65 degrees since Thursday. Little apparent Injury yet done to vegeta tion , which Is three weeks' abead of the season , UUTTE. Neb. , May 10. ( Special Tele- jratn. ) A heavy frost played havoc wllh garden stuff and wild fruit last night. It has been cold all day and prospects arc good for a cold wave tonight. UNION. Neb. , May 11. ( Special Tele- ffram. ) Slight froat throughout this region last night. Nothing of any consequence dam aged. CEDAR RAPIDS , In. . May 11 ( Special Telegram. ) It Is clear hero tonight , with a high wind from the northwest and the ther mometer at 60. The coldest recorded was early this morning , when It was 45. Frost tieavy enough to Injure crops of this section Is not looked for. Reports from along the Burlington , Cedar Rapids & Northern road north of hero are to the effect that there were heavy frosts this morning und still heavier ones are expected tonight. At Ks- thcrvlllo tonight It Is C5 and at Mason City 50 , and at both places It Is growing colder. J.V. . Thornton' * liijurli-n Tntal. HASTINGS. May 11. ( Special Telegram. ) t J. W. Thornton , n proapsrous farmer liv n ing In Blalne township , died lastnlght. A wccli ago he was attacked by a bull while trying to drive the animal into the barn , nnd the Injuries received caused his death. Ills wife , who went to his assistance- and at tempted to drlvo the animal away , was also seriously hurt. The bull was finally driven away , by the hired man , who came to the rescue on a horse. Thornton served several terms as a member of the Board of County Supervisors nnd was treasurer of the Flrs't r Baptist church of this city , where ho Is well known. Ohllil Uttton by n iattlf > * nnhp. TOBIAS , Neb. , May 11. ( Special. ) A 3- year-old child of Ed Vorce was bitten by a rattlesnake on the band. The little ono \vai playing with a hoe , and when ho saw the snake ho attempted to kill It and succeeded , but not until he had been seriously bitten. Arnpiihon loy ! Killed , ARAPAHOE , Neb. . May 11. ( Special Telegram. ) It Is reported hero this evening that Fred DIsbrow , aged 18 , of this place Was killed at Moorcroft. Wyo. , while at tempting to board a moving train yesterday. FOItEVAST. fair nnil W.irmcr with Vnrliiti o AVIrulu for Nrhrinkn , WASHINGTON , May 11. The forecast for Sunday Is : For Nebraska and Kansas Fair ; warmer ; vmlablo winds , becoming southerly. For Iowa and Missouri Fair ; north winds , bscomlntr variable. For South Dakota Fair ; warmer ; north winds , becoming south. I.dc.ll lierord. _ OFFIC13pF TUB WI3ATHEII BUREAU. * OMAHA , May 11. Omaha record of temper uture and lalnfall , compare 1 with tnc oar- s respondlns day of the past four years : sU ss 1S9.1 1S5I. 1S91. 1S32. U Maximum temperature . . . 57 72 ( JO 51 Minimum temperature . . . . 40 40 53 44 c Average temperature 48 50 02 49 c 1'rrclpltntlon 03 .00 l.CC .00 f Condition of temperature and prec'nltallon ' H at Omaha for the day and since March 1 , i 1S93 : I Normal temperature , CO Ic It Deficiency for the day , 12 c Normal precipitation .14 inch t Deficiency for the day li Inch t Totnl preclpltntlon since March 1 5.41 Inches Deficiency since March 1 50 Inch V L. A. WELSH , Observer. iiii I'Vostn for Tonight. 0 CHICAGO. May 11. The signal officer tiero 0r 0e predicted killing frosts for fifteen states In r the west and northwest tonight. Warning r t signals were displayed throughout the fruit i Is ! raising part of Michigan and the cranberry t t1J marshes of Wisconsin. The Board of Trade 1J 1JP was also notified of the coming frosts , nl- P I'acugh the weather officials were unnblo to I say whether wheat was to bu seriously dam a aged. b The weather In Chicago was clear and ; i cool , the neglige shirts and straw hats of o yesterday being succeeded by overcoats nnd ll gloves. o No Iliimuco tn U'liruto Far. MINNEAPOLIS , May 11. Various points In South Dakota report light frosts last night : hurt garden plots on low lands , but no dam- age to wheat Is reported. ( Cepnhltr-iui Action. CHEYENNE , May ll.-Speclal ( Telegram. ) A call has been Issued by President Hnm- n. lln for the second minimi convention of the Wyoming State League of Republican Clubn to meet In Cheyenne Juno 6. Delegates will then be elected to represent Wyoming In the | annual convention of the National Repub lican league. i JAMES BLANN NOT GUILTY Alleged Slnyor of Robert Phillips at Tekamah Goto Free , "NO MAN'S ' LAND" NOT IN NEBRASKA Famous Hurt County Murder Trlnl Con cluded Unit 1'Vnturr * of tha Case HI Indicated liy tha Later IJotolopiuont * * TEKAMAH , Neb. , May li. ( Special. ) "Not guilty" Is the verdict of the jury lu the case ot the State against James Blann , charged ulth the killing ot Robert Phillips * on "No Man's Land" on February 8 last. The verdict further finds that the place of killing was not In Hurt county , Nebraska. This morning at 8 o'clock the jury filed into the court room looking care-worn anil depressed from close confinement nnd loss of sleep since the opening' of the long drawn out and hard legally fought trial , The verdict ot acquittal gives general satisfaction to all classes of disinterested persons , but the Jurisdiction point has had anything but a salutary effect on the minds ot the people who now see the bad results that might accrue from the verdict. Sheriff McGrew emphatically declares that ho will not servo a legal document on the land , which Is now In reality "no man's land , " since It IB decided without the bounds ot Hurt county and Harrison county. Iowa liaa maintained a steadfast determination all the time not to come across the river and Inter fere in what It disclaims any right In. As the disputed tract now stands It may be mada rendezvous for all classes of criminals nnd outlaws , safe from molestation. This Is the displeasing part of the jury's verdict , owing to the fact that this tract of "no man's " land" lies Immediately adjacent to a thickly settled com munity of prosperous , Intelligent and law-abiding citizens , nnd but six miles from Tekamah , the county scat of Hurt county. No blame Is laid to th Jury for such finding , for the evidence war ranted them In their verdict , bat future results are feared and the decision will hardly be dropped , but wl'l again find a place In the court or before congress seeking to attach the land In question onto cither ono state or the other. If Harrison county , Iowa , should still refuse to claim her avulsion lands. James Blann goes back on his farm again free , the jurors also return to their fields ot growing grain. Judge Keysor returns to Omaha and the counsel each goes his way , but little knots of spectators are still gathered about the street corners discussing the result and wondering who really killed Robert Phillips. CHANGE IN SCHOOL LAW. I'm vision for Attendance of Children In UUtricu Othnr Than ThMr Own. The approval by the governor ot the bill entitled house roll No. 15 has placed a new law on the books relating to schools. It Is now In effect and Is belnu circulated by the school superintendents. The law provides that when children of school age live with their parents or suard- lans more than one nnd one-half miles from the school houBe In thrlr own district , and at least one-half mile nearer to the school house in an adjoining- district , the distances to be measured by the snortest route pos sible upon section lines or traveled ruadt open to the public , such children may have school privileges In the adjoining district In stead of In the district of their residence , under the following conditions , to-wlt : Tha paicnt or guardian of such children tthall , at or before each annuul meeting , notify the county superintendent of each district af fected , uslnir such form .of notice aa the state superintendent shall prescribe , which notice : nhall state the distances as herein provided , and shall bo attested by the Big * nature of a , legal voter and taxpayer of each district In addition to the signature of the parent or guardian , \\lio shall notify the director of the district to transfer such person , tog-ether with such children or wards , to the adjoining district for school purposes fcr the school year next ensuing ; and It shall be the duty of the directors and boards of education ! n cities to enum erate the children or wnrda In the adjoin ing- district and not In the district of their residence. The county superintendent shall notify the county clerk of the transfer , and the county clerk shall be empowered , nnd It hereby mode his duty , to place the school taxes , except for the payment of existing bonds or Interest on the name , of the parents or guardians , for the year next en- KtilitK , In the adjoining district Instead ot In the district of their residence , basing auch school taxation upon the levy for bchool puriK > seH In the adjoining- district nnd the Rsscsied valuation of the property of such parents or guardians , as determined by the proper ofllcprs. And the said taxes Khali be collected as provided by law for other taxes. Killed Wlulo Htpullnc a Hid.- . MOLINE , 111. , May It. Joe Fowler , who lulmed to come from California , wJs fatally Injured at Rock river bridge last night by the derailing of a Chicago , Rock Island & Paclllo freight train on which he was steal ing a ride. One arm and ICB wcie torn off nnd the other leg bioken , death resulting in . few hours. .lury railed to Acrnp , NEW YORK. May 11. The McLaushlln ury has been discharged , having failed to iBree. It Is understood they stood ten fop conviction , two for acquittal , Farm , Field and Flower are Bring * ing ; Blade , Bud and Blossom But Men nnd Women are Weak , Tired , Nervous All Need a Good Spring Medicino-Tako Hood's Sarsaparilla the Great Blood Purifier. * J It is rcmnrkablo at ( his season Hood's Snrsnparllla is the mcdldno \rl\on \ tfuturo everywhere is taking1 on for every ono who is weak , tired and renewed forms of llfo , that men and nervous ; it la the ) > est spring medi women Bliould bo especially afllictcd cine because it is the best blood puri with depressed spirits , weakness , fier. It is the only true- blood purillor weariness and ncrvouBiiofis. prominently bcforo the public eye lint this condition is Nuluru's cry today , because by its peculiar combi for help , and unless thld help Is given nation , proportion ant ! process it pos- serious consequences may ho the re besscs peculiar curative powers , . sult before the end of the eoason. The Jlood's rJarsoparilla will give a vig blood is failing to carry to the nerves orous appetite , it will tone and and organs the nourishment Which strengthen the stomach mid digestiva they require. It must bo purified , organs , nnd enable them to asslmllnto vilalii'.cd and given power to build the food which Is taken , and thus by up nnd strengthen the system. purifying the blood and building up Jlood's Sursaparllla was especially the fiyfitcin It will flt the pom-.i for ' prepared to meet this condition and now llfo In beautiful Spring. 'respond to this cry for help. It makes Do not neglect the symptoms of rich , healthy blood , and by doing thin Impure blood. Do not dUrt-gard Na- it gives strength and vigor to the ttiro'g cry for help. Take Jlood's fiar- nerves and muscles and regulates and saparilla and guard against spriou * tones all the organs of the body. illness and prolonged suffering. la the Only True Blood I'lirlflcr Prominently In the Publlts Eye Today. , ' - A