IA THE OMAHA DAILY BEEr TUESDAY , JULY 2 , 1895.
VIOLATED THE STATE LAW
Lancaster County Attorney Oausingtbo Lin
coln Ih c Mrnufactnring Go. Trouble ,
WANTS US CHARTER FORFEITED
Ueclnrcn It I * I'.icrclnInK I'nwcru of n Cor *
jmrutloii Without Lawful Authority
Antic * of u ICitlilil line 1'ro-
viKet n .Scare.
LINCOLN , July 1. ( Special. ) An Informa
tion has been filed In district court by the
county attorney against the Lincoln Shoe
Manufacturing company. It charges that the
company Is abusing and misusing Ils charter
rlghls and exercising powers of a corporation
without lawful authority. It Is alleged In
the Information that It Is carrying on a dif
ferent business than the one for which It was
organized. The company was Incorporated by
J. K. Barr , II. S. Mlllard. E. W. Allen. A. C.
Zelmer nnd L. P. Fisher. It built a factory
nt Manchester , which was destroyed by a
cyclone. The county attorney says a num
ber of complaints have been filed to the
effect that the company was acting a * though
It WES yet nllve , and ns the law provides
that the ntlornoy general or counlry altor-
ney nan dissolve corporations pursuing an
Illegal buslnosn , the hitter Is now taking
steps lo do to.
In aawcr to W. M. Clinton's suit on his
policy for the loss of two legs , the Burling
ton railroad relief department claims that
the contract cave him the option of taking
the full amount thereunder or of looking to
the company Independently. Several years
ago Clinton secured Judgment In a $20,000
damage suit for $1,000 , ami this , the de
fendants claim , estops him from maintain
ing an action against the relief department.
SiAD DOG SCARK.
The unhurt ) known ns West Lincoln was
this afternoon agitated by n mad dog scare.
At the police station It wits claimed that a
dog bitten three weeks ago by a mad dog ,
found In have rabies after nn Investigation
by Dr. Peters of the State form , had gone
mad , and after biting a number of other
dogs had started off toward this city. Offi
cers Harry nnd Russell started toward West
Lincoln to Intercepl him. They struck his
trail and followed him to Downlng's mill ,
where the dog gave them Ihe slip. Officer
Harry , however , subsequently killed a dog ,
which had been bitten by the ono they were
v.Ucr.
At the police station Allen Hlskey , resid
ing between this city and University Place ,
Is under arrest awaiting the arrival of ar
officer from Benlilce , where ho is wanted
on a charge of grand larceny.
A committee of Lincoln citizens has In
vited the county attorney to bring action
against the owners of property rented to tht
proprietors of disorderly houses.
The Fourth of July will he celebrated al
the 'penitentiary ' In an original way , am' '
mainly by the Inmates. There Is promises
a burlesque lioso race , Irish and colored sent
comedians and an exhibition In the manlj
art , Introducing James Lindsay , late cuam
plon pugilist of Nebraska.
OMAHA PEOPLE IN LINCOLN.
At the Llndell L. P. Sine , I ) . Smith. 0
C. Holmes , A. S. Churchill , Edwin Davis
Mrs. A. Whitniore , Vance Lane , II. II. Do
Foil , M. Meyer. Capital Victor White. I )
E. Johnson. Lincoln W. H. Barstow , W
S. Seavcy , John W. Hosier , John P. Stafford
M. II. Collins.
Old scenes nnd friends are best "some
times. " Dr. Price's Cream Baking Powde
has remained the standard over forty years
OO.V.S/J' fHO.1l Till ! NTATH 11UVS1
Contract * for riiriilnlilni ; .Stnlo Huuplir
tinder Consideration nt I'r < nent.
LINCOLN , July 1. ( Special. ) The Boari
of Purchase and Supplies was In session a
the land commissioner's olllco all the after
noon , and had not concluded Its cxamlnatlo
Of bids up to the hour of adjournment. Ther
were present : Members of the board , Governo
Holcomb , Stale Treasurer Birtley , Secretar ;
of State Piper , Attorney General Churchl ]
and Land Commissioner Russell , Quite
delegation of stewards from the various stat
Institutions were present. Including Steward
Jenkins of the Norfolk Hospital for the In
aano , Rcwlck of the Lincoln hospital. Scot
of the Hastings Asylum for Incurables ani
Adjutant Mart Howe of the Soldiers' an
Sailors' Homo at Grand Island. Bids wcr
recelvoJ. opened and compared for drugs , con
and dry goods. No lump bids were received , bu
each Institution was bid upon separately. On
of the bids opened was not signed , althoug !
It was the lowest In that line of goods. Ex
coptlons wore taken to this by some of th
contractors present. It was the opinion c
Land Commissioner Russell that the abscnc
of the signature did not Invalidate the bio
The contractors urged that this method thro\ \
open the doors to too many straw bids.
Quito a surprise was created in departmen
circles today by the summary dismissal o
W. L. Dawson from the olllco of commlsslono
of public lands and buildings. Mr. Dawso
has been In the olllco flvo years , two year
as head bookkeeper. Ho was succeeded b
Mr. Cole , a eon of A. V. Cole , formerly ad
julant general of the state.
Following the Fourth of July celebratloi
throughout the state , Major Fechct , Inspecto
of the national guard , will begin a tour of In
apectlon of a number of companies. On Jul
C ho will Inspect company H , Second regl
ment , at Tekamah ; on the Sth company I-
V. First regiment , at Junlata ; 10th , company A
. First regiment , at York ; 11th , company 1
Second regiment , at Stromsburg ; 15th , bat
tery A , at Wymoro , and on the 16th , com
pany I ) , Second regiment , at Falrbury.
The widow of Christian Stufft , captain o
company A , Indian scouts , during the war
lias- written Adjutant General Barry for ;
record of his war service for the purpose o
securing a pension. She forwards captain'
commission for Stufft. made out May 21 , 1S02
and signed by Alvln Saunders. then tcrrltorla
governor of Nebraska , but there Is no recori
of Captain Stunt's services on file In the ad
jutant general's office. Stunt was a rcsldcn
Of Otoe county.
Today Judge Tibbetts of the district cour
tvas engaged In hunting up the law and writ
Ing an opinion In the Dorgan Injunction cas
wherein three Illinois National bank ? seek t
prevent State Auditor Moore from drawing
warrant and State Treasurer Hartley froti
paying the same , for $33,403.90. the amoun
found to be duo Dorgan for his prison plant
The two other judges. Hall and Holmes , wh
heard the argument with Judge Tlbbolts , wll
concur or not , as the Utters * findings turi
out , but It Is thought the three have agreei
on all the vital points Involved.
Crop 1'ronpcctn In Johnnon ,
TECUMSEH , Neb. , July 1. ( Spcclal.-
Nlco rains the last of last week have give
the proper Inspiration to vegetation. Th
oat crop Is now assured and corn Is growln
nicely. The wheat harvest was Interfere *
rrlth somewhat. That crop Is turning ou
much better than was anticipated earlier I
the scaron. Johnson county Is going to hav
an abundance of fruit , including peaches.
A largo delegation of citizens attended Ih
Beatrice. Chautuuqua yesterday.
The X. Y. 7 . club gave a plcnio hi Dillon J
Oder's grove Wednesday evening in honor c
Thomas McDonald of Corley , la. , uno ; n visit
Ing In the city. A good lime U reported b
those present.
' The county commissioners arc Just now er
perlenclng a little ruse In the matter of th
1895 assessment of Spring Creek. Assessa
W. H. Holmes has for some reason been vcr
careless In bU assessments. Accordingly , th
county board has been Investigating hi
work. The board finds thai over fifty-fou
persons that possess personal property In th
Holmes' district were missed by the usscsso
entirely. At the. demand of the boar
Holmes revised his work and his precliu
now makes a better showing.
Ir | u > rrtl for Ihe Fourth.
TECUMSBH , Neb. , July 1. ( Speclal.-
Fecumseh will celebrate the Fourth In
very fitting Banner. The prellminirloi hav
received proper attention and nothing bu
bad weather can Interfere with a monstc
Jollification.
NORTH LOUP , July 1. ( Special. ) No al
K tempt Is being made to bold anything like
general celebration of the Fourth at thl
place and the day will be spent chiefly I
7 attending rural picnics of an unpretentiou
character , tuveral of which arc being at
ranged wUhln a convenient distance.
AUBURN , Neb. , July 1. { Special Tele
gram. ) The city council t a meeting tonight
appointed a committee headed by the mayor
to receive Governor Holcomb upon hit arrival
In the city Wednesday evening and escort
him to hit quarter * at the Talmage house.
After his ad lre s on the Fourth a public recep
tion will bo tendered the governor by the
citizens of Ncmaha county.
l.n I'lntln Nrw Note * .
LA PLATTE , Neb. , July 1. ( Special. )
After several months sojourn here. David
Finch has ? departed for Omaha , where he will
engage In painting.
The Christian Endeavor sonlety meeting of
this week will be held Saturday evening.
Rev. John Flnoh and wife of Omaha came
down Saturday and held regular semi-monthly
services In the Fres Methodl t church.
Rev. Mr. Morning of Hellcvua held a
meeting at the Presbyterian church Sunday.
Mrs. Hamilton , who was visiting the family
of B. Bachelder recently , returned to her
home In Hasting ? Thursday.
Frank Bllnes and wife , in company with II.
Maurk and Miss Ruth Steven- , were Omaha
nd Council Bluffs visitors Saturday.
La Platte citizens are dally troubled with
ounR nnd able-bodied msn who loaf along
.he railroads and beg provisions.
Ono teaspoonful of Dr. Price's Baking
'owder will make more fresh , sweet dough
nuts than any other kind.
tiov Ktr.i.s .1 cusri'.nfiux
Al Ohnrlln rntnlly Hhot by Andrew llo.tR-
Inii'l In lloyil County.
BUTTB , Neb. , July 1. ( Special Telegram. )
Word cnmo to this place this morning of
an accidental shooting which occurred at a
point In Brlstow precinct about eight miles
northeast of Spencer yesterday. A blacksmith
named Hoagland had loaded an old musket
with a charge of buckshot. His eldest son
Andrew , a boy of 1C , who had been away
visiting , came homo last week , and not know-
ng that the gun was loaded , took It down
ami pointed It at his brother. Ho pulled the
trigger and the gun was not discharged. Ho
then tried another cap , pointing the gun
this time at a neighbor's boy , Al Oberlln ,
about 10 years old. Ho pulled the trigger and
this tlmo the charge exploded and the con
tents of the gun lodged In the boy's face ,
several buckshot entering the nose and checks
and one penetrating the right eye anil lodg
ing In the brain , killing him Instantly.
Constable Hooton arrived Sunday evening
with Con Kervlne , accused of shooting ono
McKenzle last week. Kervlne waived a hear
ing and he was bound over to the fall term ol
district court In the sum of $300.
ONK IIUNDHIU ) I ! A LLO IS
Secrnlnrlen uf the htuln Hoard of Trnnspor-
tutlon K.lrctPil.
LINCOLN , July l.-Spcclal ( Telegram. )
Ttio three new secretaries of the State
Board qf Transportation are elected. Their
names are : J. W. Farrall of Harlan county ,
J. R. Sutherland of Burt county , and one of
the present Incumbents , A. Dilworth ol
Hastings. The election occurred at a late
hour this evening , the board getting together
at 8 o'clock this evening. Over 100 ballots
were taken before an election was had.
Following this the State Hoard of Trans
portation resolveJ itself Into the State Doan
of Pharmacy and elected Henry R. Goring of
1'lattsmoulh secretary of the board. Goring
Is a brother of the Plattsmouth atlorney ,
Matt Goring. The new secretaries of the
Hoard of Transportation will go Into olllce
October 1. J. W. Farrall is an administra
tion , hard money democrat , Sutherland Is a
republican and II. R. Gcrlng Is an adminis
tration democrat.
1IKIU8 TO ONKMILLION DOI.LAK" .
Jamoj Fonvcll'8 Family of riattumouili
Wins 11 ItlR Suit ,
PLATTSMOUTH , Neb. , July 1. ( Special
Telegram. ) Recent news from England In re
lation to the settlement of the famous Fox-
well estate , valued at $3.000,000 , has been re
ceived by a Plattsmouth family. James Fox-
well , a carpenter , residing with his family In
this city , went to England last winter to cs1-
labllsh his rights as a claimant to a one-thin
share of his deceased uncle's estate , the oh
gentleman having died Intestate. The tria
was had some two weeks ago , and a letter re
ceived hero yesterday brought the news to
Foxwcll's family that he had been victorious
Heretofore Mr. Foxwell has been a hart'
worker , but was luckless In so far as making
money was concerned.
Onlet I > y at Itentrlco CliHUtiinqnu.
BEATRICE , Neb. . July 1. ( Special Tele
gram. ) Today passed quietly on the Chau-
lauqua grounds , everybody seeming lo have
become worn out with the feast of gooi
things presented yesterday. At 11 o'clock C
G. Pearse , superintendent of the Beatrice
public schools , delivered a lecture upon the
"Clly of the Puritans , " which was full of In
terest and food for thought for tbo fine au
dlcnco which heard It. At 2 o'clock the dif
ferent benevolent societies of the city formed
In procession on Fifth street , and , headed by
the Third Clly band , marched to the ground
the afternoon having been set aside for thcsi
societies. . This was the first appearance of
the band upon the ground , and the short pro
gram rendered by the boys was greeted with
most enthusiastic applause , and the members
were compelled to respond again and again
to encores. The balance of the afternoon was
spent In listening to addresses setting fortl
the virtues and advantages of the severa
benevolent organizations represented. This
evening Prof. Fred S. Eastman of Fayette
la. , lalked of Ihe "Fad and Its Father , " suc
ceeding In Injecting Into his remarks many
thoughts worthy of being treasured up , as
well as showing that he Is possessed of a pe
culiar view of humor that makes him quite
entertaining. Tomorrow Is temperance day
At the 11 o'clock hour Dr. Eaton will talk
upon "Temperance Reform ; What It Pro
pose ? . " The afternoon will be taken up by
a platform meeting in charge of the Woman's
Christian Temperance union , and In the even
Ing Prof. Eastman will deliver his lecture
"Witches The Night Side of Humanity. "
Anhlanil Citizen Ser ounlj Hurt.
ASHLAND. Neb. . July 1. ( Special. ) Mart
Robblns last evening was thrown from his
horse , and , falling on a bottle In his pocket
cut a gash In his hip four Inches square am
two Inches deep.
The steamboat La Platte arrived yesterday
from Yutan. She dame down the Plallo
river and Ihen up Salt creek. Sne Is a stern
wheeler and will be used to carry passengers
to the new park two miles up Salt creek.
Mrs. Samnntha Wakefield , aged 72 years
dle.l here this morning. She was a rr .Iden
of Ashland for twenty-five years. SlK' wll
bo burled tomorrow.
Sherman t oilntj'a LnrRn frop.
LOUP CITY , Neb. . July 1. ( Special. ) Th
crops In Sherman county , Nebraska , are the
largest ever grown , surpassing the crop o
1S91 In many respects. Oats will yield from
forty to seventy bushels per acre , whea
from fifteen to thirty bushels , rye from flf
teen to Iwcnty-fivo bushels , and vegetables
of every kind are as fine and prolific as ever
grown before. Many farmers are claiming
from 400 to COO bushels of Irish potatoes
There U hardly n potato bug In the county
Farmers are In excellent spirits and expec
the largest corn crop ever raised.
' ' * County .Mortsiico Itoeord.
PLATTSMOUTH , Neb. . July 1. ( Specla
Telegram. ) Cass county's mortgage recori
for the month of June Is as follows : Farm
property , filed , $18.145.75 ; released. $19,334.84
town property , filed. $ ! .430 : released. $1.204.22
chattel mortgages , filed , $34.120.2S ; released
Jti.522.25. _
Vnlloy County 'leather' Me * I.
NORTH LOUP. Neb. , July 1. ( Speclal.- )
The Valley County Teachers' Institute Is stll
In progress at Ord and a largo number o
resident teachers are in attendance. TheIn
utltuto will close Wednesday. The attendance
has been good and a deep Interest la belni
taken In the work.
_
Finn Crops In Nance County ,
FULLERTON , July 1. ( Speclal.-Crops ) In
this section promise a bountiful yield. Th
rye crop , which before the rains was sup
posed to be worthless , will make at leas
halt a crop. All other crops are much bet
ter than they have been for years.
To Dr. ami Mrs. II. K Rich , at Cleve
land , O. . OD June 30 , a daughter , llotue
ana dauKhter doing weU.
BEN BARER IS EXONERATED
Question of Vercoity Between Him anl Isb
Decided in His Favor.
UDGE SAYS AWrUL LYING HAS BEEN DONE
> cclaro * Some Ono ( lop * from III * Court n
IhuroURli 1'erjurer I h Agalu on
the bliiiul ArRUiucntsof
the Attornoyi.
*
At 4 o'clock last evening nenjamln S. Hak'r
WHS dismissed from court , exonerated from
ho cliarpe of uiiprofeislonal conduct In con
nection with the Ish nniricr case. The Judg
ment of the court , who had directed the
( ringing of the disbarment proceedings
gainst Ilaker , was based on the ground
hat Inasmuch as the testimony stood bal-
nced. that of Isli's over against Baker's , nnd
sh was bound to prove the truth of Ills afn-
avIt charging unprofessional conduct , all of
vtilch Ilaker strenuously denied , Ish's testl-
nony must fall to the ground for lack of
> reponderanco of evllence.
The criminal judge explained that he had
no regress that he had set In motion the
att.ick on llaker'a professional conduct , but
that someboJy had been lying moat awfully
ind would leave his court room a perjurer ,
to also said that Frank Hansom and his co-
attorneya , who defended Isb , were bound
under the circumstances to bring tha charges
ignlnst llakur , In view of the statement of
.ho case male to them by Jamps C. Ish. The
: a e was decided Immediately at the cloie of
Mr. Clarkson's argument.
After thoroughly reviewing the circum
stances of the case , the court said :
COURT'S ADVICE TO BALOUIDGE.
"There Is a fact that may have been the
caiise for certain language on my part In my
room. When I heard that Mr. Hanson and
Mr. Ourley and Mr. Hradley and Mr. Hall
liad been employed to defend Mr. Ish , It was
In the evening , and I meditated upon It , I
thought It over , I made up my mind what I
would do , I came down In the morning ,
went Into my olllce room , and If I remember
right , I sent for ths county attorney , In
whom I have confidence. Mr. Ilaldrldge , ns a
young man , but I realized this fact , that Mr.
Daldrldge was a young man that had not ex
perience In a homicide casj , In a capital case.
Mr. Day , the assistant county attorney , came
In , and I said to him Just what I thought ,
what I am saying now , that I felt with these
four gentlemen defending Mr. Ish and Mrs.
Ish , and I so stated , that It was probably the
most Important period In the professional
life of Mr. llaldrldge , because the case would
be defended for all there was In It , and that
If the county attorney did not arouse himself
to the magnitude of the case and present the
case on behalf of the state In a masterly
manner , It would only result In his Injury.
That If It became necessary that the state be
properly represented. In view of the fact of
four able couns ? ! upon the defense , the court
would not hesitate to appoint an assistant to
the prosecutor. Mr. Ilaker came Into my
room , and I said to him Just what I stated
here , In that regard , and that I might ap
point him , and that was all that was said ;
thcro was no appointment made. Now , If
Mr. Uaker went out with that as a club to
work himself Into the defends , then Mr.
linker was acting grossly unprofessional.
There are some matters that have been de
veloped in this case that are amusing to me ,
and sometimes I just wonder where I am.
According to the testimony In this case , one
witness hero uses this club ; they say Mr.
Uaker used It , that I was unbending anil I
would make attorneys bow before me. Thopo
words weren't hardly cool , according to the
testimony , until another tack Is made ; we
have a pull on Judge Scott ; we have got a
string on him , and I believe one of the re
porters of the World-Herald said , 'Why , I
have had Judge Scott IIx sentences In such a
way as to relieve a defendant In a case. ' I
would understand where I was If I was only
ono of those kind of fellows , but if I am
both I don't know Just where I am. The
fact Is , there Isn't either ono of those state
ments true , and you all know It. Not ons of
them.
VALUE OP THE EVIDENCE.
"Now I have said that this case may be
decided upon the preponderance of ihe evi
dence , let the result be what It may. There
is no other way for this court to do. Mr. Ish
comes upon the stand and positively and in a
positive manner swears to each and every
charge In that affidavit as being true. Mr.
Ilaker comes upon the stand and swears
equally positively and equally In a
pronounced manner that they are
not true. There Isn't a single witness that
has been brought before the court who has
testified to the truth of the matters testified
to by Mr. Ish ; not one. Those who claim
they did hear the conversation corroborate
Mr. Baker. Now if there Is a single witness
that has corroborated Mr. Ish , I pause for
you gentlemen to name who he was. On the
other hind , there Is testimony of at least
three witnessed that In part , nt least , corrob-
arato Mr. Uaker. There has been something
said about the character of some of these
witnesses. For the pnrposo of passing on
this case , I wipe out entirely the testimony
of Dachman , the testimony of Miller , the tes
timony of Brandt , and the testimony of
HriMh ; so I wipe them entirely out , because
whatever they do swear to l in corrobora-
tlon of the testimony of Mr. Baker. Then
there stands the testimony of Mr. Ish ,
directly , positively denied by Mr. Baker
without any corroborating facts sworn In
support of his position , with a number who
have sworn In corrororatlon of Mr. Baker.
Supp3se this case -was tried to a jury , anc
on this evidence the Jury should return a
verdict against Mr. Baker , Is ther. a member
of this bar who would j ay this court oughl
to enter Judgment upon that verdict ? Could
the court conscientiously , with those facts
before the cour1 ? Why not ? Because the
case Is not established by a preponderance ol
the evidence : The evidence stands evenly
Mr. Baker need say nothing : until the evi
dence Is produced against Mm tbo burden Is
upon Mr. Ish , or rather upon the part ol
this committee making these charges , and
which charges were proper to bo maJo under
the circumstances. These charges must be
cstabllshoJ not by an equal amount of testi
mony , but by a preponderance of the toui-
mony. The weight of evidence must be on
that side , else this court would be doing vlo-
lenco to the rule to take away from Mr.
Baker the franchise that Is as valuable to
htm as his life.
VALUE OP AN ATTORNEY'S LICENSE
"I regard the lawyer's profession as prop
erty. It Is his capital In trade. In his pro
fession , not In trade In the sense of com
merce. It Is a franchise beyond value. There
Isn't an attorney at this bar. If called upon
to put an estimate upon the value of an at
torney's right to practice law , could put a
value upon It. Not only that , it Is more than
his life. To take away from Mr. Ilaker or
any member of the bar his right to practice
law , when the evidence does not establish
the charges against him by a preponderance
by a greater weight , would not only be tak
ing from him a right that Is dearer and more
valuable to him than even his life , but I
Involves his honor , the honor of his family
and I hold that no court should over by s
scratch of a pen or a decision touch the life
and heart of an Individual and of his famil ;
and of his associates until the court can sa ;
on Its conscience , I believe that this ( juesttor
Is established by the evidence , by a prepon
derance of the evidence.
"Now I want to say In conclusion upoi
this matter that no harm may be tlono elthe
side , because It Is my duty to say It
that while I respect the gentlemen connectei
with the defense In the Ish case and admire
their ability ; while I wish to thank this com
mlttee for the manly and professional coursi
It has pursued In presenting this matter t <
the court , I also wish to say that I havi
known Mr. Baker , and I do not know of any
thing that he has done that should brand hln
as dishonest , dishonorable or a Olsrepulabh
member of the bar. These charges wcr
proper to bo made. They have not beoi
establlihed by the erldence. and the judg
ment of the court Is that the proceedings b
dismissed , the charges have not been proven
and that the defendant go hence wlthon
day. "
CONCLUDING TESTIMONY.
The continuation of the hearing of the dls
barment proceedings against Benjamin F
Ilaker which were started upon Saturday o
last week continued to draw the crowd In th
criminal section of the district court yester
day. Aside from the arguments , nothing
however , la the way of testimony was Intro
uccd along the llnp of "Influencs" with
he court which parUu. claimed to have had.
'his was the prominent feature In the Satur-
ay afternoon sessloW '
Ish wai placed d Hit witness stand by
way of rebuttal and.rflla.od { the circumstances
f a conversation he ha'd with llachtmn. a
rlsoner who occupied UI4 same cell with him
nd Is now servingiiut leniences for adul-
ery , bastardy and contempt of court. On
Saturday afternoon Il.trhman te tltled for
laker , relating that , he overheard the
onversatlon In the-Talf btw en Ish and
laker , the holding ofiilch caused the
rouble In the prcxant case.
"Saturday noon , " Ishisald , "we were to
gether In our cell and Dachman was mourn-
ng his want of money. . He pulled out a
landfill of money. J think he had a quarter ,
a 10-cent piece , a nickel nnd a penny. 'Oh , '
said , 'you have lots of money. ' 'Only the
> enny belongs to me , ' Bachman replied , 'but
vhen you get through with your case 1 will
have lots of money. '
Ish was asked on cross-examination as to
what case , whether the Baker disbarment
> roc edlngs or his murder trial , Bachman had
eferred to. Ish Insisted that Bachman re-
errcil to the Baker proceedings , but could
not say whether Barhman had said "this
case , " of "your case "
Ish further statetl that ho had never had
tny conversation with the witness. Brush , In
vlilcli he told him he would ride over on his
ilcycle and see Baker at his home and secure
ils sen-Ices as an attorney. Ish also
lenled that he told Baker , when the two
first met In the Jail , "I have been wanting
o see you several days. "
Several other witnesses were called In re-
jutlal to show that Uarhman was- not In the
all olllce all the time of the Interview.
Herbert P. Davis began the arguments by
claiming that Baker "had been trying to
corkscrew himself Into the case. " He main-
.allied tliat the evidence showed that Baker
had Interviewed Ish without solicitation and
contrary to his wishes. Ho said that from
: he evidence the court must find that either
[ laker , on the ono hand , or Hansom and
Ish , on the other , were lying.
W. N. Morsman spoke In Baker's behalf
and declared that "there arc 10,000 people In
! ) maha who would not give a bag of peanuts
'or the services of Ish's present attorneys. "
tie stated that the acts of Ish's attorneys In
jrlnglng the case against Baker were due to
an intemperate , Indiscreet and vindictive
rivalry without a parallel , and due to a reck
less endeavor to prevent at least one attorney
trom assisting In Ish's defense.
After Attorney Kennedy had spoken In
vindication of Baker the court adjourned un
til afternoon.
SIUNKI ) A NOTi : AND LOST Til Kill HUMi :
rinnnjjntis Learned n Lemon , but It Wns
Too Late.
Julia Flanagan , an old colored woman , tin-
'olds a tale of woe In the district court In a
letition that oho has placed on file , whereby
she discloses how her own anJ her husband's
gnorance have coat them their family prop
erty , some $2,000 In value.
Mrs. Flanagan says that in March , 1834 ,
David Van Ellen and his wlto needed $ ol2.0
very badly to pay J. W. Howell an amount
luo on a note. The Van Ettens , according
o Mrs. Flanagan's account , came to her
louse with what they represented to be a
MOO note. Neither Mr. nor Mrs. Flanagan
could read or write , and trusting to the stole-
nents of ( heir neighbors , they placed a mark
on the paper to show that they pie Igcd their
dome for their frlqnd's . welfare. Nothing
nero was thought of the affair until the fol-
owing August , when the Van Ettens. Mrs.
Flanagan says , detanked In payment and suit
was brought on the nato In county court.
The note proved la be ono for $512.50 , the
whole amount of the debt. Judgment was
obtained and Van Etten without any author-
ty to do so , continued , Mrs. Flanagan avers ,
to fight the case , taking It to a higher court
each time ho was bfiatcn below , each change
only serving to augment the bill. The
supreme court refuse ) ! to reverse the case and
a $2,000 homestead 'lying In Boyd's addition
was soli bv the sheriff. ' For the loss of
this home and IM deceit , the Flanagans
bring suit In the siim of $2,000 against the
Van Etteni. '
! > emu Onmlr.i Property Involved.
Contest Is being waged , between the credi
tors of the 3. I' . lioyvflll Lumber company ,
which under this and similar names did a
lumber business throughout the cities of the
United States , Including Omaha. The firm
failed In July of 1891 and $1.000.000 of assets
were turned over to the First National bank
of Chicago. In addition to John L. Orandln
and brother , who have brought suit , Iho First
National bank of IMinxatawney , Pa. , has
appeared as an Intervener to allege that the
transfer of property to the Chicago bank was
a fraud on Itself and other creditors. The
court Is asked to set the transfers of prop
erty aside. Including the titles to some valu
able Omaha realty.
County Coinui In .Vnonil llrst.
As a result of Judge Ambrose's ruling In
the Injunction suit of Ann E. Campbell
against Treasurer Irey and the county ,
brought to restrain the collection of taxes
for the years 1801 , 1S92 nnd 1S33 upon the
Coliseum building , unless the matter Is com
promised , the building will have to bo sold
under the auclloneer's hammer.
The court has established Mrs. Campbell's
claim for some $1,000 rents , the first In or
der , after which the county will bo allowed
to realize what It can on about $700 of back
taxes. Mrs. Campbell was contesting the
claim of the slate that the Coliseum was
personal property.
Chicago I'eiiplA Ctnno In Second.
In deciding the suit of the Southern Land
company against the Texas Land and Cattle
company , involving a contest among creditors
for about $50,000 of commissions , Judge Am
brose allowed the First National bank , one
of the interveners , to get the first jnonev and
Jenberg & Hylander , the Chicago emigration
agents , and their assignees to come next In
the disposition of funds.
In this case It was that some of the In-
slrle history of the methods employed In
settling Texas lands were brought to light.
The Texas company had undertaken to settle
up several Texas counties ,
Allnor Cunrt Mutter * .
A SCOO ntlsrney's lien has been filed by
John Fleming's attorneys In the matter of
the $1,000 Judgment Fleming holds against
the city.
The state , In Its case against Adam Snyder ,
brought on account of the shortage which
accrued while Snyder was county treasurer ,
has filed a motion asking to have the case
continued over the term.
The Joseph Schlllz Brewing company has
brought a petition In replevin agaltut Charles
Carlson to recover possession of a saloon
In South Omaha , lying In block 78. May 8 ,
It Is alleged , there was a default In the con
ditions of a mortgage on tha saloon stock
and building.
The best baking powder made is , as shown ]
by analysis , the "Royal. " a
Com'r of Health , New-York City. . $
J ]
; SS-fiR J5S5 5fii5 i2 . E
MulHin.
One quart flour , one-half teaspoonful sugar ,
one teaspoonful sail , two large teaspoonfuls
Hoyal LUklng Powder , ono anil one-qnirler
plnla milk. Sift together flour , sugar , salt
and powder ; add milk , ami mix into imootli
baiter trifle btlffcr than for griddle cakes.
Have griddle heated regularly all over , grease
It and lay on mulnn rings , halt till them and
when risen well up to ( op of rings turn over
gently \\lth cake lurner. They should nol
be lee brown. Just a buff toloir. When all
cooked , pull each open In half , toast deli
cately , butler well , icrvo on folded napkin ,
piled high and very hot.
Hut niacnlt.
One quart flour , one teaspoonful salt , three
tftupoonfuls Iloyal Raking 1'owder , one tatile-
taspoonfuls Hoyal Baking Powder , ons table-
CITY COUNCIL PROCEEDINGS
Msmbors Get to Playing Hone and Two
Special Sessions Are Held.
fUN WAS BEGUN BY MR. SAUNDERS
June Sntnrjr Orillnntico Defonteil by 111 *
tloko niul nn Adjournment Tnlicii , After
Wlilcli Another brrtsloii U Held neil
the Urilumnco It rinsed *
It took two special meetings of the city
council last evening to pas-s the salary ordi
nance for June. This was on account of a
"practical Joke" played by Mr. Saundcrs.
The first special meeting , called under the
signature of the mayor and five members of
the council , opened at S o'clock , the express
purpose being to pass the June salary ordi
nance , so that employes might have "change"
for July 4.
U was found tint In the ordinance was In
cluded an Item for $1.75 for clerk hire for
the Board of Public Works , though an ordi
nance was passed several weeks ago , nnd
taking effect June 1 , providing that clerk
hire for this board should be thereafter al
lowed only on the basis of $1SOO per year , or
$150 per month. Aletter _ _ from the comp
troller stated that the desire of the board
was that the salaries for clerks remain the
same as heretofore for June , ami that a cut In
conformity with the ordinance would be made
later. This did not suit the council , and the
Item was stricken from the ordinance and
the finance committee Instructed to report
on the matter this .evening. It seemed to be
the expectation of the members that the sal
aries of the chief clerks and the assistant In
this olllce should appear as adjusted under
the new ordinance.
Another item was In favor of cx-Chlef of
the Fire Department Oalllgan for pay for
April , May and June as Inspector , at $811.33
per month. It was urged that the olllco of
Inspector had been created to date from June
1 , and the salary for April and May was
stricken out.
All of this was done almost unanimously ,
but when the ordinance as amended was
placed on Its passage Saunders conceived the
idea of voting no. In view of this a number
of members who had voted aye changed
their votes , so that when the result was an
nounced the ordinance was defeated by a
vote of 7 for anJ 0 against , it requiring ten
votes , or a majority of the whole council , to
. Saundcrs
pass an approprlallon ordinance.
sprang to his feet after a vote to adjourn
had been made to move a reconsideration ,
but he was too late. He explained privately
that ho votel no just for fun , though many
of the members considered him serious when
ho voted and declared that to avoid pulling
his chestnuts out of the fire they would
change their votes unless ho gave a reason.
He would give no reason and the ballot
stood.
After adjournment one of HIP first to agree
to the suKgestlon of Deputy Comptroller
Westberg that a second special meeting be
called to reconsider the vote was Siiumlcrs ,
and the meeting was callel. Ten were pres
ent and all voted for the ordinance , which
was declared passed. The situation , well
enough known to all members at first , was
that the warrants could not be made out In
ono day , nnd hence If the ordinance was not
passed until at the regular nice'Ing this even
ing employes could not get their pay In time
for July 4.
One-halt of the world doesn't know how
the othsr half lives , but both halves use
Prico'c Cream BaklngPowder.
C'linntr < * 111 Wnitem l'o tonirr ,
WASHINGTON , July 1. ( Special Tele
gram. ) Samuel Jackson was today appointed
postmasler at Glvln , Mahaska county , la. ,
vice J. P. Mobley , resigned. The postofllco
at Pomeroy , la. , was today raised from
fourth to third or presidential class. William
Schneck , the present Incumbent , was reap-
polnted postmaster.
The comptroller of the currency has ap
proved the National Hank of the Republic
of Chicago as a reserve agent for the Plrsl
National bank of Dunlap , la.
Shn'H After Itrurmtnt Spume.
A woman named Mrs. lllley Is on Hie bunt
for a lost husband , whom she claims is now
married to another woman. She thinks the
two nro In St. Joseph nnd die Interviewed
the county attorney yesterday regarding the
advisability of swearing out a. warrant
ngnliiHt the recreant hu.Miand for bigamy.
The probability Is that the warrant will be
Issued and the St. Joseph police will be noti
fied to look out for thi ; man.
( ! ice < * onnty Mortage Itenord.
BEATRICE , July 1. ( Special Telegram. )
The mortgage record In Gage county for June
shows a healthy condition of affairs. For
the month farm mortgages filed were thirty-
six , amounting to $40,033 ; released , fifty-two ,
amounting to $47,111 ; city property mort
gages filed , fifteen , amounting to $5,445 ; re
leased , sixteen , amounting to $11,831.
Don Hob H tluiktcr.
Henry Blubsky has reported to the police
that he was held up yesterday nfternoon at
3:30 : o'clock and robbed of $5. llo was ped
dling on Plnckncy street , nnd when he
neared Thirty-third street , two boys , about
17 years of nge , stopped the wugon nnd went
through his pockets. They took everything
but 2."i cents , which they returned , and then
ran away.
rnntiiRlcMn l > Hci4rN. :
Allen's Hygienic Fluid has been found a
positive preventive of tcarlet and typhoid
fevers , diphtheria , smallpox and other con
tagious disease ? . Mothers should atomize
their children's throat and nasal organs with
It morning and evening.
1 nrmer Adjudged Invinr.
HEMINGFOHD , Neb. , July 1. ( Special
Telegram. ) A. J. McKnlght , a farmer living
near Alliance , was brought here today and
adjudged Insane. Sheriff Hall will take him
to the Norfolk asylum tomorrow.
riiy : Center 1'reuclier Itnulgn ) .
CLAY CENTER , Neb. , July 1. ( Special. )
Rev. Mr. Webber preached his last sermon
last evening as pastor of the Congregational
church of this place. No successor has as
yet been selected.
J'riineU ( 'utl r IHneliargnd ,
GREELEY CENTER , Neb. . July 1. ( Spe-
clal Telegram. ) Today at the close of the
preliminary hearing of Francis Cutler , charged
with foetlclde , Judge Olcs dismissed the case.
spoonful ard. one pint sweet milk , cold ( never
use sour milk ) ; ute cold water when milk
can not be obtained. Sift together flour ,
salt , and powder ; rub In lard cold ; add milk ,
form Into smooth , consistent dough , flout
the Ixwrd and turn out dough. Roll out
to thickness of three-quarters Inch , cut wltr
small round cutter ; lay them close togethci
on greased baking tin ; bake In good hot oven
Old biscuit can be made fresh by moistening
placing In oven until heated through.
Clam Clinvriler ,
25 clams , % pound salt pork , chopped fine
6 potatoes sliced thin. 4 onions sliced thin
Put pork In kettle ; after cooking a short tlmi
add potatoes , onions and julca of clams
Cook 2'/2 hours , then add clams , 15 minute :
before serving add 2 quarts milk.
FIKED ONE MORE
IJrlrcr llnmiher of No. a lloio Ortu III *
nirettatur.
Two members of the flrc department were
placed on trial at the meeting of the Dcird
of Tire and Police Comniltnlonerj last even
ing. One was Frank Hamslier , charged with
striking Captain Cuff of hose No. 2. The
other WHS Mlchncl Tlghe , \ > ! io was called
upon to defend the charge of disobeying the
orders uf Captain Dunns cf hose No. C. Itatn-
slicr conducted liU own case. Tlsh" wai da-
fen.lpd . by an attorney. In executive t.'Ulan
the commissioners d5inl. | < 'cd II.im li T and
fined Tlgho twenty days' pay wl'h a repri
mand.
Ieavo of nhtenco was cranial to Oillccrs
.Meals , Slatkey. llyrnps and ( Jruler.
The proposed Independent telephone service
was discussed and referred to tlio next meet
ing for llnal deposition. Chief 'tPlell ' is
heartily In favor of the sys'em , claiming 'liat '
it will make Iho derartwnt a unit In tlic
transmission of mc'sage rervlee.
Whllo the meeting was in proem * . ' . fevtr.il
largo cannon lire trackers were discharged
on an ailjaccnt corner a nil Mayor lU-mls callol
the attention of Chief \Vhlte to the preimvure
na'rlollsm. '
A communleillon from Chief DeU-otlvo
Haze wns rend. In which he submitted twl-
denco ngalnsl Thomas Murpay and Jo'cpli
flee , saloon keepers , for an alleged violation
of the Sunday closing law. Through Iho as
sistance of Robert l.ra. a porter at the t'ol-
onado hotel , tl-c chief detective and his men
claim to have worked up a case. The city
attorney was requested by the lnar.1 to ( lie
complaints against the saloon hfepT * .
Mr. Slrlokler was tint in attendance during
the meeting. _
HIS DEPUTY NOT YET NAMED.
OfUrlnl llnntl of I Ity Trrniurcr Pnniont
\\lll Ciunr I'p nt it Speiilnl Mcollnc-
The bond of J. II. Dumont , .is city treas
urer , will not bo likely lo bo ready for Iho
approval of Ihe city council al Iho meeting
this evening. The delay Is caused by Ihe
absence of Mr. Dumont , who has been sud
denly called to St. Joseph to attend the
funeral of his mother. But for this It was
expected that the bond would be complete
some time today. U Is now the Intention
lo call a special meeting of the council for
Wednesday night to approve Iho bond , In
order Ihat Mr. Dumont may take charge of
the ollice without delay.
There Is n good deal of surmise ns to
whom Mr. Dumont will appoint as his
deputy. So far he lias given no hint as to his
Intentions , but he Is quoted as saying that
he has not yet made n single promise to any
ono. Fred Drexel Is being spoken of as the
probable appointee and his friends are doing
some very energetic work In his behalf. So
far as the present ofllco force Is concerned ,
there will be no change al present. Mr.
Dumont has signified lib Intention of thor
oughly familial Izing himself with Iho busi
ness of the otllce before he makes any
change and It Is understood that those of the
present force who appear satisfactory will be
retained.
Price's Cream Making Powder Is far more
economical to use than cheap , weak and
poisonous powders.
4 onitlitlnr < l to * rrur Von ? * > nnrr *
Jacob Klein and his wife , Ilertlm Klein ,
were yesterday bound over to tbo district
court In the sum of $ . ,00 nml $100 , re
spectively , for renting n bouse on Capitol
avenn" for Illegal purposes. The romplnln-
ants were n courtesan named Ni'lllo llrown
and hur colored husband , who bad boon
evicted for non-payment of renl porno lime
igo. A few ilnys afterward they attempted
to force their way Into the liouso nnd were
arrested iiu the complaint of Klein , on the
charge of disorderly conduct. As a moans
of revenging himself LJrown then caused a
warrant to bo Issued for Klein and his wlfo
on the charge on which they were bound
over to the district court.
Cook's Extra Dry Imperial Champagne has
no superior. A largo yearly Increase In Its
sales says so.
.Mnrrlnco l.lccniiea.
The following marriage licenses were Is
sued yesterday by the county judge :
Name nnd address. Age.
Frank K. Dowllng. P.ipllllon 31
Ollvo M. Olover , Sprlngllold 15 !
Kdwnnl M. Daniels , Omaha 21
Stella ( ! . Daley. Omaha 2 !
Frank Voungqulck , Valley SI
Augusta Johnson , Valley 3
Kaurltz Nelon , Onawn H2
Hannah NVU-on , Omaha 28
When house cleaning use Steam's Electric
'asfto ' ; kills all kinds of vermin ; 25c.
r SWEET SAVORY SATISFYING < ?
SWIFT'S ' PREMIUM
2 .
Think of the thousands of hums
nnd bacons that go out from
South Omaha daily ! Wo select
but the boat ones for the brand ,
"SWIFT'S PREMIUM. " Smoked
lightly trimmed nicely extra
mild not Bally. NP man could
muko them hotter.
FOR SALE DY
s. n. niifiett , sisHo. mil HI.
( lotutiif-y A Oo. .
\Vm. I'lenilnx & Co , 1101 Douulus St.
JJW & JJlii Kxruam St.
U'ra OontUmnn , bUNn IClhKt.
CilaiNtonn llru < . 1'irt Donuln'Ht
llelmroil & Hiiuneo. 701 No. ICIhSt.
I-ana * tlroc do. OWHo I3IKHI.
( leo. F. Slunro Oo. . 911 No. ICth Ht.
lUnry Pumlt , UlHKnrnnmHt.
Hnmmer Hro < * . l-'nrimm til.
llotmrt Williams , .
I * . Ileion. . rurnamSL
Kamuel Dmlfni. S'lUKiirnnraHt. '
Henry Honnult , an NO. leu. HL
J. W. D.mwn. IJISNo. 2UhHt.
.Ian. llniiilta , 'Jrt.H Shtrrann Av .
K. A M.ir h , Ml No. Ifith. St.
H. I ) , rnr.nni , ua No. Idtli Bt.
.lohn lliznlchok , YtW I. * vnnwnrth. 8t.
.1. Jl. V-- , llJSo. 16th 81.
II. A. JUrp 4 Urn. . mi Ho VtUll St.
It. K. Welch A lira. , VZUSFurnitmHt.
SWIFT AND COMPANY ,
SOUTH OMAHA , NEB. , d
THE HOTEL REGISTER
the representative organ of tlie hotel Intercut
read nt all the principal of the ninety thou.
band hoH ( . ri-BtaumnU nnJ club of Amer.
lea. and largely In Kuropc.
It now publishing A 1.18T OP TIIK 11U8T
1'AI'KHH uilaptpil for hotel .Tlvertlilnn. ( Th
liuteli of America expend SIX MIM.lii.N'H Ol
1)OIIAIIS ANNUALLY with llio newspapers
It I' now puMlxhliiK n cnmplrlu Hut uf all Mum
mer IteortUU | cUullled , and placed amoni
tha very tin * the UnlliHluloa ! anil tha
Uraml Union , mratntta ; Hi * Hotel Cham
plain , ninion county , I.nk ciminnlaln ; the
llutrt HreHlln , Ijnke Hnpali-oriK. N. J. ; th
Went in < 1 , J nir Ilmnch , etc. . etc.
It U the only paper puUlnhlns all uliout hotels
Including Summer and Winter Jlesoru.
Send 10 cents for HfMMKU IMUTIUN. or order
of A merit an Niiwu company , or at any liutc
or "f any ncwwlralvr.
The IMel ItegUter un < I Tourlit Acenry Head
quarter ! for all hotel * , rates , ruling and gen
erul Information
THI : HOTIL : waiHTKU COMIUNT. 7
mreet. New York.
Both the iiH'thod antl results when
Syrup of FigH is taken ; it is pleasant
niul roireglmig to the fas to , mid nets
gently yet promptly on the Kidnnys ,
Liver and Howols , deanses the sys
tem oiTeotnally , dispels colds , headaches -
aches and fevers and cures habitual
lonstipatiou. Syrup of Figs ia the
only remedy of 'iis kind over pro
duced , pleasing to the taste and no-
ecptahlu to the stomach , prompt in
it.s action and truly bcnelieial in ita
effect * , prepared only from the most
licalthyand agreeable substancca , ita
inuny excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs ia for sale in 00
cent bottles by all leading drug-
gists. Any reliable druggist who
may not have it on hand will pro
cure it promptly for any ono who
wishes to try it. Do not accept any
HiibHtitnte.
CALIFORNIA F/0 SYRUP CO
SAN FUANCISCO. CAL
IOVISVIUE. Ar. HEW tftoK. tt.r.
The largest" piece
* L
of GOOD TOBACCO
ever sold for3
Put money in your purse
We can do it and dress you
better quicker ind more
becomingly than anybody.
Outfit in one day if required ,
Nicoll the Tailor stores every
where. The best tailoring
resources in the country at
the lowest prices for reliab'e
garments.
Trousers to order , $4 to $14.
Suits to order , § 15 to $50.
Overcoats about the same.
Snmulcs nmllnil.
Garments expressed.
ALL Olin WOUK MADR IN THIS CITY DI
TI113 HKST JOl'll TAILORS.
207 S , I5TH STREET.
U Every
Housewife
In
ono cake ct
vtn'd ho sure that other rakes woulii follow It ,
Noutliur simp wualirs wools wllliout hlirlnk *
IriK niul no other M > U U aa olllclcnt uuil ru
frmhlni ; In tliulxitli.
Ilu j ono calio- Just ono at your grocer's.
RAWORTH & SCHODDE ;
CHICAGO.