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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 24, 1895)
THE OMAHA DAILY JJEE : MONDAY , JUNE 24 , 1805. KEBVE THAT NEVER FAILED Btrango Story of n Deadly Tend Between Wyoming Hatichmen , INVINCIBLE GRIT OF JM M'OERMOTT ' lleitrnrhnljle Staying fjintlltlci ot * Mini Who Unilrrnctit Mnny Trlitli , IJiU Sonic HIinotliiB , nnd I'limllf Trl- tinrihnel | Uter Itli t'ncnilcf * Hero In the story of feud carried on In the Dig Horn basin , related by a corresponded of tlio New York Sun. A Wyoming feud may lack some ot the plcturofime features ot the Tennessee prototyjie , but It Is not IPFS per- Istent or deadly. In the south a quarrel In handed down to a man's heirs with rents and real estate. Tills gives a certain dignity which the western article lacks. The fact h that out west a fight usually finishes In ono round. After that there aren't any heirs. In 1831 James McDermott was living on a ranch In a wild and suariely sellltd corner of Wyoming. Ho was well liked a-.d well feared for a bluff , Ihotigh not Ill-natured follow , n dead shol , a good companion and on the whole a square-dealing , honest man. lie was fairly prosperous , his ranch boasting a com fortable & 1iack , a boy of 3 jcara. The man and woman , after being an uncommonly de nted couple , suddenly commenced to quarrel The desert Is n cruel dwelling place for women , whatever It may be for men. Per haps Mrs. McDonnell alone fell the corroblvo influence , and he , not comprehending , re- Benled Ihe change In her. I'erhapi they both felt It und allowed It to work bitterness be tween them. At all e\cnls , the discord In creased and became constant strife. About a mile from the ranch lived two brother * , Pete and Jim Madden , between whom unti James McUcrmott theio had long been "bad blood. " One morning , after a violent quarrel with her husband , Mrs. Mc Ucrmott , half Insane with rage , caughl up a shawl and ran across Ihe pranle to the Mad- dens' shnck , crjlng that she needed protcc- In a few minutes McDermott followed her , carrying the child wrapped In a blanket. U was"March and very cold weather. As he neared the hoiue the Maddens covered him and ordered a halt. McDermoll , with the re mark tliathe was unarmed , Flood still. The men bcnrched him nnd found that his state ment was true. Then Pete , who was the moro cold-blooded villain of the two , bald to his brother. "Shoot him I You'll never have a better chance , " "I ain't goln' to shoot him with the Rid In his arms , " remonslraled Ihe younger man. ' "Then > or goln' lo get hurt jerself , " re turned Pete , raising his gun lo his brolher s head. Then Jim Madden , who was IhorouKhly dominated by Pete , placed his revolver close lo McDermotl's head atid fired. The aim was BO reckless , however , that the bullet , Instead of pencilallng llio brain , passed through the car and out at the back of Iho head. As McDermoU fell Madilen flrcd a second time. The child screamed wildly. Mrs. Mc- Dcrmott rushed out c { Jie hou'o nnd caught him up. A stream of blood poured over the blanket. The second shot had pierced the boy's forehead and ho had died almost In stantly. The mother carried the Iltllo boy Into Iho house , follow eel by Ihe murderers. In a short time McDermntt recovered hU senses , got on his hands and knees and crawled away toward home. At aboul a llilrd of Iho dlslanco he sank down c\hatisied. Four hours ho lay Ihcro on Ihe open prairie In Ihe freezing wind of a March day When a chance neighbor found him he was deliriously pleading for llio Maddens lo glvo 3iim a blanket. Help was summoned and the wounded man removed lo shelter. As soon ns he was able to sit up he was placed under arrest on a warrant sworn out by the Mad dens , who alleged thai ho had assaulted them and had used the child as a shield when they had SHOT TO DEFEND THEMSELVES. The trial was short and McDcrmott was acquitted. Why the Maddens were not ar rested at once Is not clear. Before McDcr mott could move against them ho again found himself In the clutches of the law on the charge of being Implicated In a recent mall robbery. By Ihls lime Iho Middens had obtained absolulo conlrol over Mrs. McDer moU , and It was on her affidavit thai Ihe charge was made , McDermoU was laken lo Cheyenne , where ho lay In Jail for eight months. When Ihe Irlal came off the court Instructed Iho jury lo bring In a verdlcl of nol guilty , McDermott returned lo Ihe nig Horn basin A few years before Ihls ho had lived In MonI tana. There ho had been Involved In a bart room quarrel , and In self-defense had shot and killed a man. The coroner's Jury had exonerated him completely , but after all this tlmo he came back to his ranch to tlnd ollln cers walling lo lake him lo Montana to be tried for that shooting. The Maddens , knowIng - Ing thai Ihe charge of mall robbery would nol bo sustained , had gene to Monlana and sllrred up Ihe relallvcs of the dead man to file a complaint against McDermott. Again there was a trial ; again McDcrmott was acqultttd ; again he returned to the Big Horn basin. Arriving , ho found that Jim Madden had been sent lo the penltenllary for eoven years for calllo stealing. He also found that Pete Madden had appropilalcd nol onlj the McDermott lanch and nil the slock , bul Mrs. McDermott as well , ana the two were living together In the woman's homo. The treachery and faithlessness of his wife teemed to take away McUermotl's accustomed spirit , and ho went back to Montana without atlemptlng lo regain possession of his prop erly. In Montana he met a brother of Mrs McDcrmott , who had Just received n letler from her , a despairing scrawl , Imploring re lief from tlio horrible conditions under which Bho was living. ECie declared lhat Pete Mad den held her In some fort of hypnotic conlrol : that she haled and feared him , and jet was obliged lo do his bidding. Several limes she had attempted to escape , but had failed , nnd was now Urtually a pris oner , not oven being allowed to go to town She ended with a frenzied appeal for her brother to ccino to her rescue. The husband and the brolher talked the mailer over , and It was decided that McDermott should go after his wife. The brother was married and had a family dependent upon him , and the chances against his returning to them were too great to be risked. McDermott took a span of broncho's and a light .wagon and started on his ICO-mlle drive to Iho Big Horn Basin. This was In Febru ary , 1893. The roulo lay through wastes of caclus and sage bruiJli , dcbolate enough In cummer , but so weird and deserted at this season as to bo compared to nothing save tha dead stretches of a Innir landscape. It was enough lo turn an ordinary brain , and U put strange thoughts Into McDcrmolt's mind. Hc-achliiK the old home , he dug -illh his hands Ihe frozen grave of his murdered child , placed the coffin In the wagon , and drove back to Montana. "I am movin' my family , " he said , grimly. U was the last of March when McDermoU found himself again ncarlng his Wyoming ranch , this time expecting to get his wife and to take her alter tiio child. A mile from the nouse ho came face to face with two horsemen , one ot whom was Pete Mad den , for a wonder , unarmed. The only words spoken were by Madden , who said simply : "That's him ! " Then he wheeled his horse and started for the shack , At once divining that Pete was going after a pistol , McDermltt laehed his bronchos Into A gallop , and Ihe two men flew over the ground In as desperate a race as was ever run. Madden , being on horseback , had a decided advantage , and reached the goal first. Throwing himself from the saddle , he jelled : " .Mary ! The sunl Quick ! " Wlthoul a suspicion of ( he Irulh the an iprang to obey. The next niomofltthe on dashed up to the door and McDermltt leaped out with such haste that he was thrown to the ground. The fall saved his life , for idlie den's bullet passed over hit ? head. Before the second iliot could bo fired McDermatl's re volver rang oul , and Madden relreatcd Into the house with a broken arm. McDermott rushed after htm. Madden fired again with his left hand , The bullet Jutt mlss-ed the mark. Then McDermott rslscd his revolver , and when the smoke lilted away Madden was seen lying face downward across the bed , a BULLET IN HIS HKAJN. The woman , flattened agalrut the wall > , witnessed the whole tragedy. When Madden dropped she fled shrieking through the back door. Her huiband caught her at the corner of the lot. Taking her by the arm he said : "Mary , I want you to go and tell the truth. " They got Into the wagon ami drove to town , where McDermott Immediately gave lilrntclf up. tic ws brought to nulTnlo , I vvhero tie lay In Jail for six months Mary follow eel him ( o the place , and during hlf i Imprisonment vulted htm weekly , taking i him the bei-t food the could buy tobacco , clKirt , picture s > ipors- and working het j ! fingers to the bono lo tup ly htm with com-1 I foils , which ROCS to show that women are , as InconMfltnt In cnc tart cf the world I i as In Another. The trial was eve ting. The prlnclpil lawby yer for llio elefoni-c was N. K dries * of Nc- bratka , ono of the mofl prominent cflmlml I lawyers In the west. Mr OrlqBS had arranged l i , tu plead temporary Insanity for his client , I i tltcrcby calling out the recital of a man's 1 many wrongs. When the ld a was unfoUed I lo McDcrmott he reflected ( or a nuiiicnl. | "Liwjep , " ho nld al last , "I'm Ruin' to , be tried for my life , and I reckon as how . I'd do 'mort anything reasonable to get ! cleared Wlien thet thootln' wuz dore It wiu I done quick. I didn't hcv time to do much thlnkln' , and I don't say lhat I wuz as ca'm a. I be at this mlnlt. But , Iftwv r , I've lived In this jero country a long time , nnd 'most every body In Ihu basin knows mo well ; and no body , friend or foer \ over goln' to be made to believe ttiel I dldn'l Know exactly whtit I wiiz doln' even at such a hell of a time as thet there wuz. Ef you cnn t gel me off without tmyln' Ihct 1 wtu entry , or even thet I vvuz oncominon excited , then , lawyer , I'll hcv to swing. " In vain Mr. Orlpss tried to iluw him llnl the plea was a mere dcvlco lo call out the story of Injury and long suffer.ni ; . "No , pirdncr , " Insisted McDarmott ; "they ain't no scnto In It , no ways. Nobody In Wyo ming would bcl eve It Ihe Jury or nobody" Antl It Is very likely that ho was right about 11. Al all events the 'ury ' cleared him without tha pie i of cm ii o ml Insanity. After bis release he said to his friends : . I wonder If all this here hez busted my nerve Let's go and try " They wcnl oul back ot Iho lown and pul a row of beer hollies , necks toward then ) , on Iho posts of a Imbed wire fence McDermoll look his old revolver , and stand ng at a dis tance of twenty jards , put bullets through the bottoms of those botlles wllhous break Ing he neck of one of them Concluding thai hU nerve was Intact , he Invited the rrewd lo supper nl Ihe hotel. Mrs McDarmolt did Ihe honors ns hcRle H. The nexl day McDernioll look his wife lo her brolher In Montana. Then ho came back to Wyoming and got a divorce ! Which goes to show that men are ns sternly moral In one part of the world ns In another. 'Ilin I.allies. The plearanl cited and perfect safety with which ladles may use Ihe California liquid laxative , Sjrtip of Figs , under all condition" makes It their favorite icmedy. To ge the tiuc nnd genuine article , look for th unme of Ihe California Fig Syrup Co prlnlcd near Iho botlom of Ihe package. now TO HLCOIIJ : AX ATIOIU < R\ Snprrrnn Cott t Millers nn Interpretation of the > o Iitn'H V t > p'l < letlon. LINCOLN , June 23. ( Special ) Before closing Its sltllng1 jeslerelay , Ihe supreme court made Ihe looked for order providing for Ihe application of the ne\v law ns to the admission of studenls of law lo practice as attorneys. Rule 22 of the court was abro- galed , and the following was substituted- 1. Examinations of applicants for admls slon lo Die bar will bo held on lire second Tuesday of June and Ihe third Tuesday of November each jear. 2. Each applicant for admission shall al leasl four weeks before Ihe day sel for the beginning of the examinations file with the clerk of this courl a wrllten request for admission In his own handwriting , stibscrlb ° d by himself , together with proofs of his quali fications , as prescribed by secllon 2 of an acl for the admission to practice of attor neys and counsellors at law , etc , approved April , 1S95. ' 3. The proofs required under the foregoing subdivision shall bo applicant's affidavit ns to his age , residence and time and place of study , the certificate of his preceptor that the applicant has regularly nnd attenllvel.v studied law under such preceplor's personal direction and supervision for at least two years , and the certificate or affidavit of at least two citizens of good standing In the community whese the appllcanl resides or' formerly resided , lhat they are well ac quainted wllh him ; lhal he Is of good repu tation In thai community , and that lliey be lleve him lo be of ( jood moral character. If II be shown by Ihe affidavit of the applicant that his preceptor Is dead , or that for othei sallBfactory reasons his cerllflcate cannot be obtained , lliere may be substituted therefor the certlficale of any member In good sland- Ing of Iho bar of Ihe counly In which Ihe appllcanl pursued his studies , and who may be personally cognizant of the facts. 4. None of the facts required for qualify Ing I an applicant for admission shall be con clusively established by the foregoing proof but the applicant shall In his application glvo Ihe names and addresses of at least three persons other than those whose certifi cates ho presented , of whom Inquiry can be made In regard lo Ihe applicant's character and other qualifications. 5. The applicant shall also , before the ex- amlnallon begins , deposil with the clerk the sum of | B. The clerk shall enter all sums so received In a book or .account kept for lhat purpose , showing name and date of ap plicant , and shall pay the same out on order of the chief Justice , In payment of the expenses of such examination and fo- no other put pose , thai Is lo say , ihe cost of necessary printing and stationery ; to Ihe clerk for each oalh and certificate of admls' slon Issued lo an appllcanl $1 50 To each member of Ihe commission conducting the examination , his necesrary traveling expenses and for personal expenses while actually en gaged in the performance of his duties , not exceeding ? 5 per day , fi. Any practicing allorney In llio courts- of record of jnolher state or territory , hav ing professional business In either the su preme or district courts of this state , may , on motion to such courl , be admllled for Ihe purpose of transacting such btislne * ) upon liking Ihe required oath , as provided In sec tion 3 , chapter 7 of compiled slalules. Any such attorney desiring to bo admitted to practice generally In the courts of this state must rnako hh application as required by lhee rules , and present proof by certificate that he Is a licensed p.-actllloner In Iho courl of record of such slale or lerrllory. 7. The court will , on or before the opening of the September term In each year , appoint a commission , composed of five persons learned In the law , to conduct examinations for Ihe ensuing year. 8. The commlsplon so appointed shall , prior to Ihe examination , examine the proofs of qualifications filed In accordance with Iho foregoing rules , and may make such furlher : investigation as to the qualifications of any ' applicant as It dial ! deem expedient. 'ye On the day appointed It shall commence : Iho examination of applicants. The method of conducting the examinations shall be idfl lo Iho discretion of tha commission , It being expected that the commission will In the conduct of such examinations and In the In vestigation of the qualifications of appli nI I- cants , take care that no person shall I)0 recommended for admission who has not In all particulars shown himself to be well quali fied. Oral examinations shall be reported IIy > the stenographer of this court. 9. As soon as practicable after Iho con clusion of the examination , the commission shall make a wrllUn report to the courl ot Us conclusions , and all persons who shall Iw recommended for admission by a majority of Die commissioners shall thereupon be ad mitted to practice , on taking the oath prescribed by law. 10. It an applicant shall bo rejected , tn shall not again be admitted to an examina tion for ono year from the tlmo ot such rejection , and until lie shall file a certlficale that he has studied luw for ono year since his rejection. 11. Graduates of the college ot law ot Iho University of Nebraska shall make applica tion ami present proofs of qualifications aIn the same manner as other applicants. If found otherwlsa qualified by the commission , they shall be admitted without examlna- , tion. tion.Rule Rule No. 4 Is hereby repealed and the fol lowing adopted In Its stead : At each sitting the court shall by order designate what caeea shall be submitted at the session following , having reference to the order of time In which such cases re originally docketed. Ordered thai all criminal cases undisposed ot be and they are hereby set down for hearing on the first day of the next term of this court. Ordered that In all pending criminal cases In which no briefs have bcn filed , the plain- lift In error serve and fllo briefs within thirty days. Ordered that the clerk of this court pro ceed as soon as may be to make copies oof the records In all pending cases wherein ofa receiver hui been appointed to wind up Ihe affairs of an Insolvent bank and to transmit -rtr- ' on or before August 1 , 1S95 , such copies together with all original papers and plead- Ingi In luch cases to tha clerks of the dls- trlct courts of the several counties In which such banks are located , to bo therein pro- cpeded with In accordance with law , Folfowlng are the syllabi of the opinions filed by the court : Case ( ngnlnst Care. Hrror from Sadndcrs county , lleverrod nnd remanded. Opinion by Justice Hnrrl'on , The nllcmitlon of the nffcctlons of n luis- baud . or wife anil lo s of lionto nnd support , which ' nro proved to result from the clrcula- tlon ] of slanderous reports coiit-ernlngMhe In- jutcd party , charging suoh paity with tno commission of the crlm" uf adultery , me si-cti nattiral nnd probable con equencc of Iho irporls us to contUlt'Ke llietn proper clcmcni" of dnmnges In n notljti of sluta'cr by the Injured parly ngnln-U the slanderer. . 2. It la rtror for Ihe cotllt lo rcfu o to give , nn luptrucllon icqtiftlod by n pally to the , case , which Is peitinoit and applicable to one branch of the case \vhtrh tno couit lias not covered In Its charge to fhJury , unless It Is clenr that s'J"h icfuual to the Instiuetlon could rot have. prejudiced the party by whom It vvns tendered. Carstons ngiln t Ellcrs. ct al. Appeal from DotiRlas cotinly. A ( fumed. Opinion by Commissioner Hynn In Ihls ttppeiil l InvoUo'l ' onlv n qup U0n cf fuel ituterinlneil upon conflicting evidence bv the district In bitch cuso the Judgment will not be rever ed. Alter against Covey. Hrror from Howard county. Allirmcd. Opinion by Commis sioner Hynn. Error cannot bo predicated upon the re fusal of the district court to permll n wll- ness lo answer a cerlnln ntinsllon whrn there vvns made no ofter of proofs which would be cllcltod If Iho desired answer were permllled to bo made Si'lby el nl ugalnsl Qlllnn el nl. Error from Douglas county. Reversed Opinion tiv Comtnlxsionc'r Hynn. Upon the icndltlon of n Judgment ngnlnst nn appellant In the district court that cotirt has ] no such Jurisdiction of the person of the Furrly In the appeal undertaking thai Ith imy render Ihe same Judcmcnl ntrnlnst him ! that It imiv iiKTlnst the appellant M against Kepner , 7 Neb , 231 , nnd Lin- In against Haymond , 9 Neb , 47 , dlstln- InN i hed. and Hanghart against Lamb , 31 Neb , 53" overruled State ll'ink of Crawford ngalnsl Owens Appeal from Danes county. Afllimcd Opinion by Comml slon Itagan. This appeal presents no question of law The evidence cximlned nnd held to support the find I UK of the district court , und Its do- ci ire afllnncd. Gallugliri ot nl against St Patrick's church , O'Neill Enor from Holt county Reversed and remandc'd. Opinion by Com- mlcsloncT Hatrnn Meals & MeVea , contractors , entered Inlo a vv riling with St Patrick's church. In and by which they agreed to rurnl h labor and material and construct foi said church a cpitaln bulMIni ; The contract provided ( a ) That the building should be completed by the 31st of December , 1S90 , ( b ) that If the building should not be completed by that time the contractors Bhould forfeit to the church the gum of ten dollars for each clav thai Ihe building remained unfinished thereafter ; ( c ) that If the contractors should neglect or refuse to comply "with any of the articles of this agreement" that the ehurch mlKht take ixwesslon of the premises after giving- three days notice In writing , complete the building nnd charge the costs thereof to the contntclors ; ( d ) lhal the architect should make estimates on the last days of August , September , Octo ber and November of the value of the mate rial nnd labor furnished by the contractors , and the church at said dates should pay- to the contractors three-fouTtlis of Ihe nmounl of such estimates ; ( o ) thai the church Phould protect bv Insurance to covei Its Interest In the property when pavmenls { had ' been made to the contractors To he- cure the performance of Ihtlr agreements the contractors executed a bond to the church , signed by themselves as principals , and a number of parlies as sureties The building was nol comp'ctcel by the 31st of December , 1S90 , nnd the conlrnclors wcie pioceedlng with Its construction on the 18th of Fcbruurv. 1S91 , when It was totally de stroyed bv lire. Prior to the 31st of De cember , lf > 90 the church had paid to the contractors for labor and material the Bum of $12,410 , prior lo the day of Ihe destruc tion of the building the church had ptld to the contraclors $14,489 59 The church took out Insurance on the property In the sum of $10,000 , and no more The church sued the contractors and the suielles on llieir bond lo recover the money paid to tlm conlrnclors under the contract. Held. (1) ( ) That the failure of the church to keep the building Insured to the extenl of Us inler- cst therein was n complete defense for the sureties on the bond or the conliactois ; (2) ( ) Ihe objecl of Ihe provision In Iho conlracl lequlrlng Iho church to Insure Its Interesl In Iho properly vvns to lessen Ihe risks taken by the sureties ; (3) ( ) that the sureties were under no obligation to make Inquiries from time to time to ascertain If Ihe church had complied wllh Its contract to Injure Its Interest In thu properly ; (4) ( ) lhal Ihe surelles had a right lo suppose lhal the church wou'd comply with Its contracl In lhal icspecl , and lhat If Ihe building should be deslroyed before Us ncceplance by the church , and they were called upon to and did make good the loss thai they would bo entllled bv abrogation or otherwise to the benefit of the Insurance effected on the property by the church ; (5) ( ) Ihalhe ques tion ns to whether the destrucllon of Ihe building was the result of Ihe negligence of Ihe continctors was an Immaterial Issue , ( C ) lhat the church could not CN.CUFC Its failure lo comply wllh Us part of the con tract on the ground that Its performance would have been of no value to the sure ties because the lo--8 of the building through the negligence of their principals would de feat a recovery of the Insurance If II had I been effccled ; (7) ( ) lhal Us duly was to In sure the property and when the loss sued for occurred and was paid by the sureties , to transfer lo them the Insurance contracts and leave Ihe sureties and Ihe Insurance companies to litigate the question of the latters' liability ; (8) ( ) thai the fncl lhal the church was unnb e lo procure responsible Insurance companies to write Insurance on the building to the extent of Its Interest therein did not relieve It from the perform ance of Its agreement to insure the property to the extent of Its Interesl , (9) ( ) that It is evident from the contract th.it It was within the contemplation of the partle-s thcrelo nt the -limp It was made that the building might not be completed nt the verv eay llxed by the terms of the conlracl , and that If It were not the church had the op tion lo permll the contraclors lo flni h the work and to recover from them whatever damages the church might sustain by rea son ot the building not being completed In time , or the church might at Us option ex clude Iho conlraclors from any further con nection with the work and complete It lUelf ; (10) ( ) that the church by permitting the contraclors without protest or objection to continue Ihe work after Ihe date when the building was to be completed recognized the contract as In full force , and as long as it was in foice the church vvns under obli gation to perform Its part of It ; (11) ( ) thai by Mich acl U waived , as It had a rlpht to do , the completion of the building on the day named In Ihe contract , and reserved the right to recover damages from the con tractors for Ihe delay. Hlce against Wlnlers cl al. Appeal from Buffalo county. Reversed nnd remanded. Opinion by Commissioner Ilngan The mere stipulation of counsel In a case that the cleik of a court may sign and allow a bill of exceptions Is rot sulllclent to confer authority upon him to do so To confer authority upon the clerk of a dls- Irlcl courl lo sign and allow a bill of ex- cepllons. It must appear that the judge Is dead , 01 thai he Is prevented by sickness ) Isd absence from his district from signing and allowing the bill , or the parties to the lltl- ' gallon or their counsel mu = t agne upon the bill of exceptions , nnd attach thereto their vvrltlen stipulation to that effect Scott against Spencer , CO N W , 892 , followed. 2. A owned real estale on which U had a flrsl nnd C a second mortgage D loaned A money to pay off H's mortgage , A ngieed to and did wcure D's loan by an apparent first moitgage on the real eslate The loan made by D was used In paying off the mortgage of U and he released the same. When the mortgage of A to D was dellv- eied the mortgage record showed a mar ginal release of C's mortgage , slgnol "C , by J " It turned out that C's mortgage had never been paid nnd was roloa t > < ! by J wlth- oul authority Held That D was not cn- lllled lo be puhtogated lo Ihe lien held by H by vlitue of his mortgage against the real estate. S The doctrine of subrogation Is not ad ministered by courts of equity ns a legal right , but the pilnciple In applied to sub- sen e the ends of jusilce , nnd to do equity In the particular case under consideration. It does not rest on contract , and no general rule can be li-Id down which will afford a tesl in all cases for Us app'lcallon Whclher the doclrlne Is applicable lo any particular case depends upon the peculiar facts and clrcum > < taiico8 of such case South Omaha National bank against Wright , C3 N. W. , 12(5 , followed ' 4. A perron seeking the benefit of subro- gallon must _ have paid a _ debt duo to n third party before he can be substituted to that party's right , and In doing this ho must not act n.s a mere volunteer , but on compulsion to save himself from loss by- reason of a superior Hen or claim on the part of the person to whom he pays the debt. The rlghl of subrogation Is never ac corded In equity to one who Is a mere vol unteer In luiylng a debt of one person )1to anolher. Aelna Life Insurance company against Mlddleport , 121 United Stales , & 34 , followed G. The fact that a subsequent mortgagee's lien will occupy the Fame relation to the property. If one vho has advanced money secured by a mn/tguge on the real estate to pay off the pr'or mortgage Is subrogated to the rights of the holder of such first mortgage , affords no reason why equity should permit the party eo advanclg the money to be uubrogated to the rights of the holder of the first mortgage. 8. When a first morlgage ll n existing against real estate IB paid off the lien of nga second morlgage thereon becomes at once by operation of law a first lien on tbe prop- crty nnd this first lien nnd the right to en force It ng auch nro vested rights 7 Courts of equity xvlll. not apply the doc trine of subrogation * nhcro to uo ro would boa to deprive n partjrnt"n legal right. 8. An Intending purchnoer or mortgagee of real estalp relies nmluidu unon the recitals of an abstract made of the title to such real estate nt his peril. < - 1 1 9. An nbstrncl of IHlei cf ctvrtnln real es tate recited that n inol'tBftgo recorded there on In favor of C had fcwm relen ed on the margin of the record vvTitrc ? recorded Held : (1) ( ) That nn Inlemllflfi' jnorlKugee of the property vvns bound to tnko notice ot the inortiritKO reeoids , nnd JfiO's morlgage hail nol In fncl been released und Ihe mortgage was prejudiced by relying upon Ihe recital of the abstract , that his Injury vvns the re sult of his negligence. (2) ( ) That If C's mort gage nppeared relcascd-tin the margin of the record where rtcoixleik by some one else purporting to act torTmrT. that the intend- Up ? mortgagee vvns bound to know nt his peril thai llio party pretending to act for O had nulhoilty to do so ? ( J ) That whether Ihe inlslnko of Ihe mortgagee vvnn one of law or fncl or bolli , MJintevcr Injury ho sustained by reason 'or such mistake VVBH altrlbutnblu to bis lack of care , and af- foided no reason for mibtogntlnt ; him to the rights of the holder of a mortgage on the premises prior to CV , which the said mort prm bad paid off with the proceeds of a mortgage ho took on said pioperty , relying upon , the correctncm of said ab tracl. The City of Ueattlce again" ! Knight. Hr- lor from Gage count v. Reversed and re manded Opinion by Commissioner Irvine rriCO The law does not Impose ujion a municipal corporation the duty of ino\ldliiB dtulnage for private property within Its limits to pie- vent an Inundation thereof caused by the owner of another lot obstructing a water course by IIHInK his own lot to conform with ! the established grade of a street Tlllron et nl aguln t Downing. Hrror from nuffalo county. Reversed and remanded. Opinion by Commissioner Irvine. Directors of nn Insolvent corporation can not take advtlntiiue of Ihclr i > o lllon lo ob- laln a prefeience of dtbts owing by the corporation to themn'lve Ingwerson against Cdgecombe , CO N. W. Rep , 1,032 , followed. feM 2. Neither cnn they prefer debts to third pi'isons foi which they are obligated HH sureties. sicc , t The o rules do not apply to a solvent corpoiatlon. On the conlrary , such corpora tions have lhe _ same .domination over their property ns Individuals. ' Home Tire Insurance company against ration. Hirer from Molt countv Allliincd Opinion by Commissioner Iivlne. An Insurance company Is liable on Its pol icy Issued on a written application misstat ing the facts , where uch mli'stntc'inciits were written In the application by the com pany's agent , the Insured having coirectly stated the facts and nrted otherwise In good faith , not consenting to or knowing of the mlHstatement. 2 Where nn Insurance company , cither before suit brought or bv answer In the uctlen , denies that the policy wan In force when the loss occurred , It cannot avail Itself of a provision In the policy that no action 1Cl hall 1 be brought until sixty days after re ceipt of pi oofs of lo" and adjustmetil. Clcl 3 nvldenco set out In opinion held suffi cient to establish an agency and also a denial of Iliibllltv before action brought Hipp against Hale Krror from Pintle county. ( Alllnned. Opinion by Justice Hur- rl on rlf As to thf points decided In this ca'p on a former < hparlnir In this courl , opinion icport- ed In the 32 Neb , nt page - , the conclu sion and rule therein announced , arc at this time followed and adheied to. 2. A ruling of Ihe Irlal court excluding cer lnln evidence examined nnd held nol er roneous 1 Hvldenco held sufficient to sustain the verdict. l'.AXlltOVM > IC.121.S IHIIIOU ILIZUD I'rlo Throw * n lloinb Into the < ninp of the t hlciiRo'cr Yorl ; licmtls. CHICAGO , Juno 23. The cut In fifth and sixth class freight rates made by the Erie threw the other lines Into a wild stale of excllement yesterday , It was the heaviest cut over made In the territory between ChiI cage and New York since ; Ihe Interstate com- merca law had an ex ence. A meeting of all the Interested lints vwas called at once and when the meelitlg convened It was quickly decided that there-was nothing to debut but meet Ihe reduction made by Ihe Erie It was further decide * ! ! to go the Erie one better by cutting the rate on live stock from Chicago to New York from1 30 cents per hun- ilrcdweight to 25 cents4'This , ! cut was met by the Erie aa soon as It heard of what Inn been done. Not In the last ten years have eastbound rates from ( Jhlcqgo been so titlerlj demoralized as Ihey were loday. There wat llllle pretense of adhering ' , ' to even the culs announced. , , Iteceltrra OnlcrciJ to l-'llo n Hi-port. MILWAUKEE , Junop 23. Judge Jenkins yesterday Issued an.order calling on the receivers of the Wisconsin Central Railway company to make a report of the financial and physical condition of their trust eslate as soon after July 1 as possible , and there after to file like reports on January 1 and June 1. Judge Jenkins says the receivers have made no general report respecting the management of the Irust estate. Yeteirnn Itiillvrny M n I ) nil. MILWAUKEE , WIs. . June 23. Edward K Ho\ves , for some years general purchasing agent of the Wisconsin Central Hallway com pany , died yesterday at North Greenfield aged 59 years. ult to lecei\rr ( nil Olel .lilil inent. LAREDO , Tex. , June 23 Some years ago Dcnjnmln Weiil secured judgment for $100- 000 , the vnlue of cotton conllscaled In ISCo by General Corllna. Mexico pilrt Ihe money nnd It wus placed n the United Stales tren - tiry H cems thnt lliere are suspicions ihiil Ihe Judgment vvns received on fraudulent representations , and the United States gov- crnmenl Is now suing Ihe heirs of Weal for Ihe money The taking of testimony was begun yesterday by representatives of the United States and Mexico. - * Train Mrur' * n Ucitor Cnr. CHICAGO , June 23 An electric car on the Armllage avenue line was struck nnd com- p'elely dcmolisho I about 1 o'clock Ihls morn. Ing by a freight Iraln on the Chicago , Mil waukee & St Paul raid al the Fortieth Ftreel crossing. The conductor and' motorman - man were fatally Injured. There were no passengers on the car. The conductor had neglected to go ahead of the car to the croslng to see If any trains were In bight. Iniiirmica CnitipiiileR Are Simple-Ions. MCNASIIA , WIs. , June 23 Insurance de tectives nro here to ascertain If possible If the fires which have occurred fo fiequentlv lo dry hou'es and Ihe warehouses belonging to the Menasha Wooder.ware company lire the woik of Incendiaries. Several local par- tics are suspected , but their motivehau not been plated. Tramps have overrun the twin cities of late , and they may bo the Incendiaries. Mirgr-n' UnknntTii In Inl > iuiir. DUBUQUE , la. , June 23. A. H. Sargent , arrested In Heilln , nnd claiming to hull from this city. Is not known here. No such name can be found In the dliectory. HK.lTllKIt I'ttllLVA'tT. 1'or JNobnisUii anil Vicinity I'nlr anil Varl. iililo Ulml < Tiel WASHINGTON , June 23. For Nebraska Fair , variable winds For Iovvn--ralr , warmer In extreme north- ctist portion , variable winds. Tor Missouri Fair , warmer In extreme northeast portion ; southerly winds. Tor South Dakota ralr , westerly winds. For Kansas Fulr veaterly winds. l.ocul.H qnrd. OFFICE OP THi : WEATHER HUREAU , OMAHA , Juno 23. Omaha record of tem- pcralure nnd ratnf.allmciimpared with the corresponding day oft < he past four years : 3 ( iis93 1811. is-fl. m : Maximum temperaturfl. , . . 91 82 83 & 4 Minimum temperature. , . , fit C3 Cl C7 Average temper.ilureV..V 7t ! 72 72 70 Precipitation . V.1 . . ) .38 .27 T 00 Condition of" temperature nnd precipitation nt Omaha for the day ntid since March 1 , 1895 : c Normal temperature U. . . . 3 Excess for the daytu..t . 3 Normal precipitation . 21 Inch Excess for the day . . . . . 17 Inch Total rrcclpllallon slnpe March 1. 8SG Indies Deficiency since March 1. . 4 Gl Inches Ucporti from Otiifir'.sWtliml ' ut 8 1 * . M. Jy Jy 2y rty Uy ily U A. Wni.SH. Observer. "X" Indicates trac ot precipitation. DUE TO BRITISH DISTRUST Languor of the Stock Market Results from London's Cessation ot Buying , EASED ON LAST YEAR'S SITUATION Opposition of Iho London I'ron tn Ameri ca n Securities rounded on I'nlio Premise Crop Pronprcts Cheering nnd Stnplo Price * Advancing. NEW YORK , June 23. Henry Clews , head of the banking house ot Henry Clews & Co. , writes of the situation In Wall street : The week has been a period of continued expectancy on the Stock exchange. No loss of conl'doncc ' In the ultimate additional Im provement of the niniket could be obcivcd , but l.atgo operators have wisely walled to uncertain thn i ei manency of thu May rise Simple prudeiu o dlclnled a policy of this sort. In oulei to dete-imlno how far the nx- peclallons which that rice anticipated had been fulfilled. Another cniico of diminished activity was the return of Mr Mnigmi from Em ope , i pen whose action several verv Itn- poitanl reciganlzntlon schemes depend Naluriillv Iho absence of Information n < - fMitlltiK hi ? policy In Ihes3 mailers ustrlctcd Hpeclllallon Aside from these Influences Ihe stock mat- kct presents an exceedingly strong ft out Early expectations have been amply Justi fied , and our Industries are stepping for ward In a manner that shows the move ment has merely started nnd not culmlnate-d Six weeks ago only the bold few were venturesome enough to pi edict that the turning point had been reached , now every body Is convinced of the fact , and the professional croaker Is quieted. The chief obstacle to a further advance has been the cessation of London Inlying , which Is nt- trlbutiible to nalural cause * . 1'ltst Ihe Im mense sum of over ! 100xx.MiO ( of Fccuiltlep. which Iho syndlcale and Its followers placed abroad , temporarily satisfied these markets , and , In spite of the le.idy demand for good Investments on the other side , bankets aie likely to bo more Fpiilng of thilr takings until present holdings have been dlepote-l of Speculator In London me chelly occupied with the Knlllr bubble , which , should It burst , would cause a fresh outburst of llrltlsh Indignation about the wicked pio- motcr , and until this dlver lon ha lost Its force , London operators are quite llkclv to limit thilr dealings ? In Americans. Another obstacle to foielgn buying Is the stubborn prejudice of the financial pre--s on the other side , which has a poweiful Influence among the mass of Investors Thppo Journals me vvofullv behind In theli appreciation of the changed condition of affairs here. Their ] > o- Klllons are ba cd upon the scandal * formeily attached to American tallroad management und the distrust of oui monetary Unndaid They arc- almost htupldly Ignorant of the fact that thc"-e matteis now belong to the pit , and that we arc to have a reform In iiillto.ad management ns well as In cuirencv matters Europe Is slow lo understand that the sound monev ctusadc Is sure to rc ult In an overwhelming1 defeat of the dlshonesl Mlver Inflationists Our own great capital ists and bankers appreciate this fact , for , coupled wllh business revival , II ni inH a rostornllon of credit ns well as earning power ; It means Ihnt ere long American lallroad securities will lank among the liest In the opinion of foreign luestor , and lhal values mUBl ndvaiu" accordingly Ixmdon bunkers show bv Ihelr actions that they un- deislaml the new conditions , and the Eng lish and Get man financial writers cannot afford to much longer mislead their renders Crop reports are more fa\oiaule than n few weeks ago There Is eveiy piospect of it bountiful corn crop , which Is ot chief 1m- poilance to the railroads The lnury | to wheat Is likely to bo compoiiMitcd for bv better prices. General trade continues to Improve I , nnd there Is everv prospect of a brl = k f.tll trade when the lime arrives for Its commencement. The Iron trade , ono of the best commercial barometers Is In ex- cel'cnl ' condition , values rl lng and order0 Iticicasing. In fact , before long buvcrs will be compelled to rush In Iholr ciders If they wMi to anticipate higher pi Ices The great staples of tr.ido are gcnerallv quiet but htendy In the Interior stocks of mcrchan- dlre are much reduced In the east wages are rising and Industries dallv becoming more active At the Fame time money Is plentiful and easy , while credits are bound Importers are preparing for large arrivals , bill the present lightness of expirtn causes little fear of gold shipment" , as grain antl cotlon bills will Foon be available and Eu rope Is likely lo be a liberal purchaser of our Invcstmenls. Under such circumstances the tendency of the stock market should continue to move In nn upward direction ; a point has been reached , however , when temporary reactions will be of frequent oc currence ; quick lurns are Ihcrcforc In order. I.OMION iiNANiivt , i.i\iiw. : Money Mnrkot rinmleil , w th I.lttlo Hope of Iniprnveini lit ' LONDON , Juno 23 The money mnrkel Is In a helpless condition. A great amount of money cnnnot even find l > orrovvor < ! , nnd the end of the half year will not be gotten ovei easily , nnd hopes of relief from Improving trade are shatlered by Ihe i > ollllcal crisis The stock maiket Ins been quiet , even foi an Apcot week. Speculative demand for the best securities nnd repurchases of South African shares hnvo been the only features This dullness will undoubtedly Increase , In view of Ihe coming dissolution. American rcllroad securlllcs were weak , exccpl for Ihe bond ISSIICH. This was chlc-lly due lo Ihe absence of dcmnnel In Ne > vv York The ehlef declines vve-ro Erie and Erie seconds , 1 r > er cent , Norfolk prof-Tied , 1 per cent Like Shore Increased I's per cent ( \iinillaii I'i- cllic and Grand Trunk were both lower Mexican railways lluctuated a Rte.it deal in \levv of riimois of ncKutlatiuns for a fresh pool , but there was little change for Ihe week. Torolgn bonds vvt-te fairly strong err conllncnlal buying. Mexicans were Btip- p.irted chlclly from llerlln ami rose ! ' < per cent. The proti > ecl of u. furlher Increase in Argenllnes Is beller. IJrazillans were much stronger , which. It Is thought , presages a new loan. Chinese 6 pet cents have ri en to IOC1/ . Germans were higher In connection with the lalk of n conversion of Ihe Prus sian loan. The reported unelerslandltiK lo restrict the output of nltrato slienglhens some of Ihe nllrate shares. IUVIKII.S. : Vhent tjinrtcil Violently Hull s'i und Wcund Up ( Julio Itriirmli. CHICAGO , June 22. The vvheal maikcl slat led \iolently bullish and wound up extraordinarily bearish. The first prices made today were at un advance of about le per bu. , and the last nt a decline of a little more than that. From the highest price nt the beginning lo the lowest near the end there was a drop of 2',4c per bu. The early advance was owing lo the publication or borne very stiong tealuics of the picsent sltuallon and the decline near the close re sulted fiom the Ilbe-inl selling of a few heavy oiwralora who bought In exlenslve lines of Hhoil wheat the clay before. Ihe bieak In oats started a decline In corn Corn at the close showed a lots since yester day of vie and oats a decline of I5 e. Pro visions aie not materially altered Inalue The market tan into a pockel of bullish news Hems previous lo Iho opening , and accordingly It started strong. Uho first trading In July vvns at from Tl o to i2c , us compared with 70TsC nt the clo > e of the ses sion yeslerduy , and In September the start was at fiom * 2'c ' to 71's.c , or un ayeiuge of neaily Ic per bu. advance Trading was active for a few minutes In both deliveries ut around 71 4e for July and 73'ic for Sep tember , and then both broke about * iC In quick older , July to 71c and September l10 i.'SfcC. On nn advance which followed the premium paid for September Increased toh lc. Among the \urloua matters which caused the bullish feeling Indicated by the higher range were the following : The statement of the secretary of the Kancaa Hoard of Agriculture , which Indicated u total of between 12,000.000 and U.500,000 bu . as against a probable il.OOO.OOO bu calculated from the government acreage und condition on Juno 1. California was abe reduced from about 44.000,000 bu , as Indicated by the Washington authorities , to SJ.OUO.OUO bu , the latter Cradstreet's estimate , as published this morning. The Llveri eel market was quoted id higher. The week's clearances of wheat and Hour were 2,857,307 bu , com [ pared with 1,718(03 bu on the previous week. The reaction from the first decline carried the price of July up again to 714o and September to 7-l'4c , and from these prices theie was ? another decline to from 70-)4C to 70c for July nnd 72'4e for September about 11 o'clock. It had another " .c advance ide then followed a sensational and rapid de cline July dropped to from dc to OSe und September to from 71'ic to 71'i.c , nnd those were substantially the closing prices. The pelting was fu t nnd furious , Pardrldgo lending the raid with heavy short selling New York was also a free seller , and claimed that foreigners were selling ut the seaboard. Corn was firm for n few minutes nt the opening in sympathy with the advance In wheat nt that time. In the last half hour of the session there was n neveio break due to a heavy decline In oate. and of course encouragc-d by the fav Diablo growing weather. July opened nt 49c. or He higher than It clo ed yesterday. The decline re ferred to WUH what took the price down eto 4710 , and 4Sc was the latest. The receipts , were 158 cirloids and 2i,0 bu by canal , nl 21 cars of the rail receipts were transfers from unlicensed houses , Oats led the grain markets today In the very heavy feeling noticed. Thcro was lery free selling , principally long stuff that holders were scared Into disposing of. There were telling orders from Wall street ami brokers hero readily follow cU. Cu4- nhy , Olfford. Uios outi and Nirti n Worthfl Ington wore the ptln ipal ? o lerc. The crowdJ Inm gencial hli-o cold , as well nc took up most of the orfvtlne * September Marled at ZRc , Fold at fu in ISo tn iSHc , dropped off to Sfl'lo ' nnd clo fd < xt KV. , Provisions opened up sliolig nml hail every appenrnco of continuing so until Iho bienlc In the grain markets Imlucid tome wxll , and clc < d with Mm miirkct nt a xll decline for the rtiy. The hog receipt * fur the day vveie 9t"0 , nnd for the week 123. ! W > , compared with 102,070 for the coiro- ciiondlng | week of the year bcfoto. Polk Marled with an advance of from "He to lOo , , dropped 20" below the highest point made ! nenr HIP opening and closed with a tosa of about oc for the day. Lard showed nu change from eylerdnv'B quotations and ribs were ul o worlh vliUmllv the same price nl the close yeclirday and todnv , Intimities for Monday ! Wheat , 30 cars ; coin , ICO cats ; ontx , 240 cars ; hogs , Zo.OOO head. The leading futures ranged ns follovvs . winter tn JIWliO fiirlnr put , nip , (4 ( 000 ! tt , MnlMitp , S3 lOfli M. Inkers , J5 KHil SO WIMAT : NO 2 Fpiinp , pi'.Oiiv. NO. 3 prinK. nomlnil , No a ifil CiMiTu-Se CCm.V-No T , 47 > { H o , No 3 vellnw. 47'lr OATS No 2 , ST-.c ' , No. Z white , J3'4i/3nic / , No 3 wlillr 3tf.11'o IIYIJ Nn 2 H'i,5rC2c HAKUJY ' No 2 C3c , No 3 , tlJ.2"c , No. 4 , Clc 1'I.AX STIIll Nn. 1 } | ri ) TIMOTHY Slilll ) 1-itmc. 5W PHOVIMONH MOCK jiork. per Mil , Jll 70P1I Srt Uinl , for 100 Ilia. . JC4'iT04i4 Short rllis , Hhli * lix' ? to lujfc 1" , dr > Fillcil nlioulilriR , limed , } - SI'dfi"ilimt " > rloar Kldos , boxrj JC VWG C2V- \\IllbICV Ulstllleis1 flnMiod R03j i pur Bid" , Ilip following were the receipts ami shipments trulij : On tha 1'roIti33 eicinnjo tottav thu butter mar ket wax w oik criatnenr. 10J17' ' < c iliury. 10J ICc KCRB , htu.ulj , HIttfdimc. Cheese , U'i97lia ' UMAIIA UI.MUAI : , . . , . , . . . ,11.1. Condition eif 'Inido und ynr > titli : > in on Stnplei nml I mioy I'roduco. Choice stock , lOc. HfTmil I'acKlnB stick , So ! choice to fiinej , lOiilSc , gathered countij , 14o , scparntot eiearncrv. He. I.IVU POULTRY liens , efifi'ie ; roonters. Do , fprlng chickens , IJ.OOQ3 M per do ? . , or IWilsc per Ib , ducks. So , turkejs , G97c , Kccse , DC. VI3AL Choice fat , 7D In Itw Ibs , .ire quoted nl GR7c. larBO and cnnree , 4i5'5c. UllllUhli Wisconsin full crcnm , 9e ; YounR VmerK.itiK , lOc , twin" , lie , Ncunixki nnd Iowa , full cream. )0c ) , Nehiuski nnd Iinvn , lull gMnm bOTc , l.lmlmrKU , No. 1 , lOc , brick. No. 1 , lie , lining No 1 , He. HAY t'phind Irnj , IS SO , midland , IS ; lowland , 17 50. rje Htiavv , $5 , color rntkes the. prlco un hi > Light biles sell Die best. Only top sraJca brine tut , pi Ices I'UILONS I'cr do ? . Jl COJTl CO. \iaiTAui.ia. : POTATOES OM Mock , CCffllScj new potatoes , choice KtiK-k , | 1 " ONIONh Uuinuiliif , per crnte. II GO ® 1 CO ; Cal ifornia. In micks. per bu , II 004(1.1" ( ' . Oll > HIJANs llnnil picked , navy , 1220 ; Lima beam per Ib S'iGj'ic. C'AHHAGi ; On ejiilers. 2'Sc SPINACH I'e-r bu ln ket , 33fllOc. UAOlMUJs 1'er do/ , bunches l"SJ20c. QUI21.N ONIONS 1'cr elor. bundles , 15c. liTTL'Ci-I'or doz , lOtTi'.c. AM'AHAUt'h Choice stock , on orders , Mo pci doz bunchCH I'll : 1'I.A.NT-Per Ib , ? i < t71c. Cl'OfMHIIItP On onleis , Wfifoc per eloz. 1'l A" On ordeis ] ier bu , II 50. STIIINU DCANS On orders , per ' 5-bu. box , EO'uCOc. WAX BEANS On orders , per ' 4-bu. box , CO 1OMATOHS riorlda stock , per C-baskct crale , II 80 , per 4-biirket ernte , 11 Z TUXAS faCJUAt-H 1'ei eloz , on orders , rnurre. RKD nAbPUUnniCS I'cr 24-at. case , H50. PLUMS Callfoinla , pel box , choice stock , Jl 25 Ql 50 , lumlhcui per cw StvOSm. APKirors California , choice stock , per cot , Jl 40 < Irt 75. i CALIIOHNIA PrJArilEfi Per box. SI 23 fcOt'TlinilN PKACIIKS Per ' 5-bu box , 75c. APPLIES Southern , per ' 4-bu. box , TScVJl 00 c.i e of U qts . J.iJOO sniAwniUHIis Choice shipping stock , per case of 24 < | ls , JJ 0) alifornia , Per JO-lb. box. II 60 OOOSiiliHIUia Per 24 qt. cn e , } 2 00f 2 23. SOl'TIIUHN OHiltIUiS Per 24 qt. ca-ii , J2 50 HLACK HAM'llliUlllUb Per . ' 4 at. case , WO ) IlLArKIlElUUiS Choice stock , per 24-qt. cane , (2 " TROPICAL rrtUITS. OrtAN'OnR Navils , per box. none ; choice . per box } 2 10 j Mediterranean swetta , f3 23 , finej St Michaels , S3 23 LHMONS Cxtra fancy lemons , SCO size , $5 500 C 00 , 800 size , ! 6 OOfiG 50 I1ANANAS Choice khlpplns stock , per bunch 2 mat 25 PINIJAPPLUS-Pcr doz. , Jl 73O2 23 , according to size. MISCHLLANKOrS. riOS Pnncy , 15o , choice , 12Ji3c ; California bag ? , 7c. HONKY California , HS15c. MAPLR 8YHUP Oallon JURS. per eloz. , J12 , Illxliv - S3. , 5-K-il cans , NUTS Almonds Ho , English walnuts , soft- Rhelleit. 12c. standnds , lie ; Illberta , ! lc , Brazil nuts. Re pecanc , 9c DATR1 ? In CO to 70-lb. boxes , 5c per Ib. ; faid dates 9c per Ib r-innn Pure Juice , per bbl , S3 ; half bbl. , J3 COCOANUTS Per hundred } 4 HIDES AND TALLOW. HIDES No. 1 green hides , 8'4c : No 2 Breen hides. Sc. No. 1 green salted hides , So ; No. 2 green salted bides , S'Jc , No 1 xeal talf , 8 to lj Ilis , S'iilOc , No 2 vial calf 8 tn 15 llw , 12e , No 1 dry Hint hldts , li14c. No 2 drj Hint lilil n 12c , No 1 ilr > salted hides , l.'t , paitly cuicd hides He per Ib less than fully cured. SHEEP PELTS Orien tilled , each , ISiTGOc , green called sheailliiKS ( short wooled early skins ) , eich , 6i15c , dry eheurllnKS ( short wooled inrly skins ) , No 1 , enih , 5ii10c , diy Flunrllnj ; " ( shoit ooleit earl > tklim ) . No 2 , each. 6c , dry Hint Kansas and Nebraska butcher wool pelts , per pound , actual weight CS ? , urj Hint KanR.is and Nebraska murrain wool pelts , per pound , actual weight , 4QCt , dry Illn1 Ccliirailu butcher wool Ptlts , per puund , aciual vtilRht , JdG'ic ' ; diy Hint Colorado rnuirlan wool pi Its , per pound actual nclBht < HCc. llavo ftet cut off , as It Is ( melesg to pn > fielRht on ( htm TALLOW AND OHEASE-No 1 tnllow , 4ij J " .c. No. 2 tallow , 3' . ? < 4c , grt ISPhtto A , 4 ( 4140 : greate , white U , 3V c , hriase. jtllow , 2\y So ; grease , darK 2 < ic , old butter Jyjiic , bies wnx , pilmc. 17I.'Oc. roush laliow , Ic. WOOL I'NVV AhHED Klnc heavy. CJ7e ; nne. IlKht , S5i9c , quartci-blood , 10W12e , seedy , bun > and cliaffy , S i9c , cottcd and bioken , coarse , 7U Sc ; celled nnd broken fine , 61180 WOOL , WASJIEI ) Medium. I5T1Ke ; fine. HO I6o ; tub wnxhcd , ICfilSc. Mick Sc , bucks , < c , ( air locks , : C3c , dead i tilled , SQGc. - FL'HS IJenr. black , No. 1 Inrce , } : OOOIKOO. bear , brown. No. 1 , larse. IJOOOSJ5 00 , No. 1. me- dluin. lid. No. 1 , iiriiill. . ! . Uur , brov\n. jcnr- llnsa. No 1 , laiee. tlOOJauoo. No. 1 , meellum. 18 , No. 1 , small , (6 ( , uar , urovvn , cubs , No 1 , larie17 , NIJ 1 niedlutn. 13. No 1. mull , U , badger. No 1. medium , 115 , No. 1. small. JS OOJ | 1000 , bear , blacK , jearilngs. No 1 , laiie , SI-00ft 1500 : No. 1 , medium 110 , No 1 small , | 7 , beui , l.luek , cubs No 1. large. 10 OOflS 00 , No. 1. me dluin , 13 0080 W. N ° 1mull. . II , henr , black , Mi.nlnmi and Uoeky rnountuln , Nn. i large. HSOiJO-OOO , .No 1 , medium , } H , No. i. gmall , 110 , biur. black , Montana yearling * . No 1 , iaiKe , 112 , No 1. nuellum IS Ko. .null. lo. benr , bliii.lv , Montami cubs , No 1 , lame , | G 50 , No 1 , medium H 50 , No 1. email , } 3 ; bear , ll\cr tip , No 1 , larsc , 120 ; No 1 , inedliim. 112 , No I , Btnnll , 18 , bear , silver Up yeiullnua. No 1. larke. 111. No 1 , medium , JS , No. 1. small , $3 , beiir , silver Up , cubs , No 1 , urjte , $1 OW1 M , No "j7 'medium. "cCc ; No 1 , ainali'ido"ilVher , No. 1 , larse , IS , No 1 , meellum , 1C , No 1 , emiill , ( I , fox , silver , lo eolor , nccordlnc to bmuty. No 1 , large. 1100 , No 1 , medium. | M , No 1 , mall. 150 , fox , allver. pule , according tn beauty , No 1 , larne. | 50 , Nu. 1 , medium. { 20 , No. 1 , snnll , 128. fox , cro , No. 1 , lieite , | 7 ; No , 1 , medium. 13 , No. 1 , email. | 2 , fox. red. No I , large , 1150 , No 1. medium H la. No i , email , II , fox , gray. No 1 , laiss. TSSo. . 1. medium. We. Nu 1 , small , 40c , fox kits , No. 1 , laige , lOc , No. 1. medium. 4uc , No. I. imill , SOc. lynx. No 1 large W , No. 1 , medium , $2 ; No 1 , urnall , $1 50 , marten , No 1 , larve , JZi No 1 medium. Jl W. No 1 , small , Jl , rnlnk. No. 1. large , W C. , No 1 , medium , 40c , No. 1 , small , S3c ; mink , dark , No. 1 , Urge , C5c. No. 1 , me < llum , 40c ; No 1 , email , : oc , mountain lion , perfect head anl $1 00 2 00. Imperfect kln enurrenv 8inr > * * ei. * > < > i , IUIKC , KW > m > . i. m- ellum , lOc. No 1 Final ) , 25c , broael striped , No 1 , large , 2025c , woherlne , No. 1 , large , II , No. 1 , " " " " ' ' ' " email. | l"fi"'no'lf' prafl | . No. T. lar ; V , CSfffOoi No 1 . . medium . | c _ . _ N" . . sina . 1.1- 4J ( e i. ; > .e.1\Lr- | er skin , No 1 large , $ nXOCOj ( ) No. 1 , medium , $450 , No 1 , small , $ . ' , luu er kits. No 1 , Urge. $ : No 1 , medium. $1 50 , No , 1. fimll , TIr , niufkratj. winter. No 1. large , 810c. No 1 , medium 9c , No 1 , small , "c. mutkrats fsll No 1 larc . 4&0c ; No 1. medium , 7c ; No. 1. mall , Co , mutkrnt kits MunrliexK-r liitlle . MANniESTIJR , June a. There hnu been only a moderate buslnesis In HPOIB , with prices In the bujera' fuvor ClothH have been Irregular China marketn nro well en- Kiieeil , nnd olher deparimenta are mostly hungry und ucceplinK limits conHlderably below the regular list , Huslness Is dra Klng and tock uro growlnp. There hua been no Increase In fxindon onlerH jet. The num ber of Idle looms has been Increasing , The jMJultlon on the continent Is unchntiKtd , but la dome mucn better than MunchCBtcr. ' fl ir t 11 i iii't > fTA/'lf IllIifAn'P OMAHA \ LlVfc vSTOGK MARKET Unsntisfnotory ContHtions Prevail Tiirongh- out the Wcok lu tlto inttlc Trade. RLCEIPTS LIKELY TO C 'TINUE SMALL ( Jimllty of Hog' tlnnlly Up to HIP A > rrns n > \Vholo-Alnrkct H I.title Mtoncor All Arontiil Only Our l.tMit ut t > huri | In the Viirds , SATtmDAY , Juno 22. The receipts toilny ntitnbeicd 472 entile , 2CK > lion" , 1W bhccp mid IS hotst-si , ua ngalnut SSt ) cattle' , r,515 | IOK > - and 410 sheep .vcstcul.iy , nnd 7..0 oattlv , 2,374 huff * nd 9Jt heep nt the rlo c of lassl week. Weekly te-ccliiti : Cattle. Hop' * Sheep. Itccelpti thli vvrclc . 4,1,71 VJWS 2.HI8 Hcco'lits ' lll t VVCC'k . . . . 4.l 3 W.C'6 3fiVl Sumo week l.i > ear. . . S.liJ 43,612 2.019 Since Iho Hist of the > i > nr there liiivo been itcelvcil lUsOjiJ oatllc . CII,7S'i hogs , UA- L''S ' hcopMS ? her c'i nml iiinles , shovvliiK a lo s ot lijl.nj cattle , S31.au hogs. 2JK.'J ( hcep nml l.iss licjitcs and mulct nn com pared with ism. OATTMJ The tattle market of thti pnst week Imu been uhunicleiucd by a uontlnu- ui.co ol the very itnt-ntls-fiiclory condllloiu which h.ivc governed the trade dutlng the past few vveHvi. It Is verv evident that the cuttle hitvo been cle-niied out of the country and thai thu present light run will contlnito uiilll raimo ciltlu lominencr1 movltijr. UWIng lo Iho small nttiubci of beef cittlo avitlhtblo. ut this point the pucKlng IIOUSCM vvcio forced POIUC tlmo n/ro to tlva up much oC the meat tiailo which hud I't-cn ' utipplled In Ihe past fiom South Oinnhti. Thu result lm < t been n dull and ( liagKliig matkct mucli of Ihe tlmo In tplie of tnc IlKht orfoilttKf * . On .Mondnj nnd Tuesday there. VVIIH n Iltllo bpurl In the inattct of rocclptx nnil the tun vat the he.tvlo-sl of the month. As to price" , the nmlvvt had an unu ua ! uinvatil tendency on Monday and Tuesday , bul Iho gnln was all losl on Wednesday. Thtits- di\v's ni.tt hot was about steady and on Trlday theio was nol a fat bullock In the > arils. The demand fet butchers' ctoolc , cow , helfiTs , etc , has been good all the week nnd full > equal to the recelplH Stock- crs and feeders have been In light receipt ; nnd light demand , ns usual at this season of Ihe > c'ir. Today's receipts of cattle numbered twenty load" , as agaln Ivvclve loids jestcidnv. Iho largcsl run since Thursday Among Iho offerings vvcio some good beef steers. Ono bunch of good 1.211-lb btcers touched J503 , and another lumen SI SO The demand vvns very fair and the bujers iilcl.od up most everything ' ic-T-oimblj c-nrly In the day. 'Ihe price1 ! ptld were ste.tdj lo strong nl ccinp'trcd with jcstetday Cows and liclfetrf old about Iho sarno a8 yc terdny. There was pracllcilly nothing dolnj. In feeders. 1IOC5S Ihcic were thlitflc ! Ireth loads ot hngi In the > nng ] lolaj , as ngilntt thlrty-twn loads yestc-nli > lliere v.eio o fen pretty good luads , but the < ] imllt > was lintell ) tip to th ( ncragccnrllir In the v\eek Tim matket wits n little Mow to open , tint the mounirnt was falilj' actives iiftir ( tin litiele vv t once under was Tlio Bills ' shown ! n little BtmriKer miitltLt all mound. 'Iho Irst houvj h ts told at H r > " whlih wan Iho top > e ( erda > whlli the heav > mlxtil went | ) Hn- ilpillv at $450 'ihe light ind light ml\ecl lior < Mild nt $435 to $445 for In ids UUMUKIIIK 0) inunils nnd upwanls Onnil loula luunglnff under 2U3 ixmnils nld at J4 2' , to $4 ' 0. but prln- cipilly nt th ( > lal.ii pilce i\ii jihln was sulJ ami the ) ards eleairil at nn nib hour 'Iho hog nuikrt during ttie p.i l week has hcen In goril shnpf n > fu at dem mil was concerneil. 'Inc. packers have wanted the IIORH anit It has bun no tinliljle to dlvi one of evirMhlnK ic- celvcd. The trade Ins le-n fialuieliFA nn.l there Is practically mulling to bo slid except that receipts mot with tiiids "alp at the lullnjj prices. Durlni ; the llrMt tv\o daju of the vveeii the market liail an ihiwanl tindinij , but thn giln W-IH all lOFt on Welmsilto. On Thursday pilces iLinalned statlnniry but the da\ following there vvas a diop < f to to Pr ) Tno inuiket ns a whnlp ringed \ei5 even during the week Thn tup lings sold nt $4 rr > on the Ilivt foul Oavs of the week nnd nt 51 5j em the I iht two Other grades Bluiued the Mine cvenntst * In pi lee. SlIKni * Theie was onlj one inail of pheep hir and It ch.iiigotl hands The m.irket was we lit III B > mpith > with other rnarketf TlHiu hn1 * iK'en conMdernble d > lng In sheept tinting thp p tst week cnnsldiilng the light n cplj.tB The fact , howtvir , that pilc-es hive been verj low has nude ho'ders reluctnlit to pell , anil the conweUPiiu | > hnu been n dull and ihatgln,1 market \ \ h'le ' prlieH arc low , they me nj lower at this iwlnt than nt other matkets TalK to clmlrc natives aniiiiotablc at } 2 733 50 , fain to goixl westerns at 52 . > OjI3 ( W , comninn ajid stocU sheep , $17Ti.'ro , gooU tu choice 40 to 100-lb. lambc * , $3 7&QJ 23. , UI1ICAUO Ciittln Dcninnd I'ulr ut I'rliln > ' I'rlcmw line \nlno > Nut Ountnlilv Higher. CHICAGO , June 22 The elcmnnd for cattle was fair at > e sterd.i > 'a prlce , and i , irne dealers thought henv } beeves , regardk-n of eiuallty , vvcro from 25c to 30e per 100 Us lonu than a week ; ago , wlille common nml in dluin kinds were called from lOc to 15c Itmei On the other hnnd , giHHl to choice hand } cattle weie selling from 10a tn r.c better thun at the clone of last week. Common to extra choice nitlve streia were sil- able ut from JJ C" to iC with fen Helling under SI. ami tranietli ns weie Iargel > betueen $440 and $559 Itutcheis * nnd cannetH * stuff eolir. Iiemi lOc lo 2"c lower than n wiek ago , e-ons anil helfirs belling cent-tally at from $1 75 to $175 anil bulls nt frum $1 7 * > to $ ! V ) ThetvMIS no ehangit In veil calves s lies IK Ing on a basis of from 53 to 1C per 100 Ibs , acoullntf to nunlltj , and stock- ITH . ( ii.l feetleiH VMie Ktiad ) at from $215 to $4 " ' Ihe weeks receipts eif 'leius cattle foot up about 7.00D hi.nl against S COO head last week. , Those reeiived t nliij VMIC In elcrn mil at Btendy pileen , gint-H steois being held nt from $210 lo li to , vvnlle eJiuiee fed ntook VMIHnHli ns lilgll as $1 10 Giass cows and helfeis ffom Texis were stiad ) at fiom $2 Z'l lo $275 , and choice corn- fed lots at fiom $35) to $375 Hecelpts of hogs this v , ick have been nliout the simo In numher as last week at out 13)KK ( > head , but nl iit ] . ' OOi ) less than mrlvc'd In th tune week lasi > i ir Todaj's lecclpts v\ere entl- inaled at liarel > 9 OOJ hi > g , and the entire supply of frish and stale hits nus Us than 18 IKW head. 'llRte was igiiiKl dim mil on local ami shipping account and prices ruled Btrongu , bill not eiuot- ublj higher tmin on > eeteidily hllou weie rimda of heavy hogs nt fi m $4 S5 In ( I M. rnlxe'il nt from $4 40 to $4 V > nnd light at from $4 30 tu $4 1,0. Three tliouH.mil sheep were received ttxliij- btlnglng the week's Hiippli up to about 71,300 head an Ineiease of 17 O' ' > 0 head over the preced ing week nnd Jl i > 1 held over Ihe cnrrekpnndlnir wetk last > ear. 'Iheie was u fair i-'nturelay traJo nt ilepict-fed prices , or at a decline , na compireit with a wiek ago , of from 253 to 60o foi lamba and 2"o for hhtep. Infeilor to choice * sheep vveiej In request at fieini II 50 In $ l"'i nnd spilng larnba were qjotexl nt fiom $3 to $570 for poor to choice , tots. TCMS sheep arc sclllni ; at from 13 " * . : Cattle , 1 000 head : calves , 23 head- ling * , U.VOO head , slieeji J.OOO head. i C'ltv l.ivn itnrk. KANSAS CITV , June 22-OATTI.n necc'pts , 'MM head , shipments 2 400 head , maiket nnml- n illy He.id > . Texas Hiers , ! . ! J. > S4 | 20 , 'J exaM cuvvs , JJOHf-'U. biij steers , JJT5ii5M. natlva envvs $ llv5fi3CO , btockeis and feeeli.18 , $2.7501 23 ; HOGS ilerelpts , 3100 hiail : s'llpments , 1400 head , maiki t Fining to lOo higher , bulk of siles , $4 oOfi4 ( Glie.evles. . $4 Sly 4 75. ptckeis. $4 20W4 70 : mixed , $420i440 , Hi.hlB. $4 I5SJ4 40oikeis , $429 4 40 , pigs , $3 7Hj.ll 15. _ Mode In 'l Ilecord of receipts al the four principal mar kets for Saturday , June 21 , 1M5 : Cattle. Hogs Rheep. South Omaha. . 472 2.C50 ViO Chlcigo . 1,000 11,000 3OW ) Kansiui City . HO 3.100 . bt. Louis . 900 COO Wl ToUila 3,272 15,390 3.COI CURES SCROFULA ; BLOOD POISON , CURES CANCER , ECZEMA , TETTER , K. P. SMITH ( Tel. IMS ) B. U. 8TANFOHD F. P. SMITH < S CO. GRAIN and PliOVISJONS Room 4. N. Y. I.lfo Hide. , Oiunlui. j Jlranch unices at 1'remont and Columbus All orders placed on the Chicago Iluurel of Trails. Currtstiondenls : Kchvuirt : . Dupte & Co. , Chl * > cairo. hichrelner , 1'liick & Co , Ht. Ixiul * . Ilcftr to Hmt National Hunk. Omaha. MAI1UIN No malter wln booklet on pec- 1 UAlilMl ulatlein yju mar have read send' I.AI ' LAIM.UCOM..ar wlile.li In NklVV lna : It clearly Mplaln. rrarg n trading and UKKINUfl AM. MAUKITD nXI'UUBHIO.VH. It's free und will tfach you .oinellime. AriUOOABT < b CO. , U Trinftr * CJiIcano.
