TJIE OMAHA DAILY BEE : WEDNESDAY. DEOJSAIDER 18 , 1803.
DECLARE ISII WAS INSANE
Testimony of Two Doctors on the Point
yesterday.
SECOND GROUND OF THE DEFENSE
I'fTorl to Mnl < II Aniirnr Unit ( hi *
AfPiixnl Wild llcnlilr Illiiincir
Wlinn He Killed CliiipiilL
Oilier
Export testimony was Introduced yesterday
in the lull murder trial for the purpose of
showing that the defendant was a victim of
emotional Intanlty at the time he shot and
killed W. II , Chappie , and that he was not
at that time responsible for his nets.
Airs , linger of Fremont , mother of Mrs.
James C. Ish , was the first witness called
yesterday. She testified that she came to
Omaha one wi-ck after the birth of the Isb
baby She testified that Mrs , 1th , after the
birth of the baby , acted \ery strangely and
was changed In body and mind. Her mental
and physical condition was Impaired , The
witness was not cross-examined.
Dr. 12. W. Lee was called by the dcfeino.
Sir. Gurloy presented a hypothetical question ,
reciting the conditions and facts In the Ish
case , showing the relations of the hnsband anil
wife at the time of her confession of her In
timacy with Chappie and prior thereto. The
question wai n review of the evidence In the
case , containing the prisoner's story of his
wife's confessions , ns stated In The Bee Mon .
day In the report of Ish's statements on
the stand. "What would you say , " concluded
the question , "under the condition * ) stated , as
to the mental condition of the man who fired
those sholi ? Was he sane or Insane ? "
"I would say ho was Insane , " answered Dr.
Lcc.
Lcc."Tako
"Tako the wltne-V wM Mr. Gtirley.
DEFENSE SHOWS ITS HAND.
The testimony of Dr. Lee was brief , but
very emphullo and placed befnro the Jury
for the first time , and In a strong manner ,
the plan of defrilse. Mr. Slabaugh at once
took up the cross-examlnitlon mid had a
lengthy tussle with Dr. Lcc on supposed In-
Banlty cases and causes.
Mr. Slabaugh wanted to know what form
of Insanity It would be that would allow a
man to carry a confession ot Unit kind tor
two days and a night and during that time
continue lib regular work.
Dr. Leo replied that , under the conditions
Mated In hypothetical question , ho would
think that the disturbance of the brain com
menced nt the time of. the confession and
continued until brought to a climax by the
precipitation of some condition or Incident
that would causa an explosion.
, . Mr. Slabaugh wanted to know a grat many
things about the probable actions of a man
under the conditions minud. Dr. Lo-e was
quite emphatic In trying to explain that there
was n probable reason for an Insane man's
acts. It was dealing with an unnatural con
dition of mind and no rule of action could ba
laid down for such n man.
Dr. Le ? Mid that the conditions named
would Indicate that the man was a victim of
Impulsive Insanity. The conditions might
exist for a long time without Interfering with
impulsive Insanity. Thn conditions might
liecomo more fixed or might grow less fixed
as time went on. Mr. Slabaugh started a
series of questions calling for mi answer of
"yes" or "No. " In response Dr. Leo re
sponded , "Yes , " and brought out the state
ment that a man under the condition named
would bo able to distinguish between right
nnd wrong during all of the events In the
house leading up to the shooting. Mr. Sln-
Imugh thought he had scored a point , but had
Ills enthusiasm checked when Dr. Lot ex
plained that , under such a form of insanity ,
a man might be able to recognize and reallzu
the difference between right ami wrong , and
still not have will power enough to control
his actions.
"Is It accepted , doctor ? " asked Mr. Han
som , "anioni ; experts on Insanity , that an
insane man may know the difference be
tween right and wrong and still not hnvo
will power enough to control his actions ? "
"Yes , sir. Such is the rule , " replied' Dr.
Lee.
HEIIB TWO DOCTORS AGREED.
Dr. J. E. Summero , Jr. , was called and
testified ) In response to tlio hypothetical
question piat under conditions cited It was
Ills opinion that the man who fired the shot
was Insane at the time.
Dr. Summers was closely cross-examined
by Mr. Baldrlge and went nt great length
Into a discussion ot the conditions cited In
the question. The doctor took pains to ex
plain that there were recognized forms ot In-
nanlty under which a man might be appar
ently sane and still not be responsible for
his acts.
Mr. Bnldrlgc tried to cut the hypothetical
question Into sections and nskcd Dr. Sum
mers to say whether the man In question
was insane at different stages In the case.
The doctor hald that In his opinion Jamce
Ish became a victim of Impulsive Insanity
when ho was on his way to Hie cellar for
kindling and heard the moving of chairs , tha
Tiistllng of his wife's dress and Imagined
what was going on In the bedroom where
Chappie and his wlfo were. From that
moment , the doctor said that In his opinion ,
whatever the defendant's actions might be
he was not responsible.
The crops-examination of both Drs. Lee
and Summers was extended and tiresome.
The questions were naturally of a hypotheti
cal nature and sought for shades of meanings
in the answers that might mean much to
medico-legal experts , but werp without any
general Interest.
Mrs. L. Junggren , who lives nt Fifteenth
nnd Pacific streets , was called by the de
fense. She know W. H. Chappie. The de
fense sought to show that Chappie had
called nt her house and had attempted to
take liberties with a neighbor who was there
nt the time. The offer was overruled by the
court and the witness was excused , and the
ccurt adjourned 'or the noon recess.
Mrs. Junggron was recalled at the afternoon
session. She testified that when Chapplo
was at the house late In April ha hud a re
volver In his hip pocket. He took off his
coit to IIx the machine and she saw the re
volver. She aaked him to lay the pistol aside
while ho was at work , but lie declined to do
BO. Mrs , Junggren thought the revolver
Hhown her was that which Chappie had at
that time ,
MRS. QUEEN'S EXPLANATION.
Mrs. Susie L. A. Green \\an recalled by tbo
defense nnd got Into a complication that
called for an explanation. In response to
questions by Mr. Hansom , Mrs. Green said.
ho did not work for Mr. and Mrs. Illce on
North Eighteenth street ; she did not talk
rlh Mrs. nice about the prospect ot being
culled as n wlines * Iti the case , she did not
tell Mrs. Hlco that she knew nothing about
the case ,
As V > o l tl the stand Mrs. Green held a con
sultation with County Attorney Haldrlge. The
defenif had tilled for Mr. nnd Mrs. Illce , and
Mrs. Green decided that she wanted to make
nn explanation. "After she had talked with
joii ? " asked Mr. Ilanaim , "Yes , nlr. after
she talked with me , " admitted the county
attorney.
Tlicn Mrs. Green went back on the stand
and raid slid did not understand th ? number
ghen ax the residence of Mr. and Mr ; . Illce.
Sue thought It WAS another number. She
knew Mr. Illce , Mr. Lester Illce.
"What number did you think It was ? "
asked Mr. Hansom.
"I dnn't know. "
"In that all the explanation you want to
make ; all you want to explain concerning
what > ou have sworn to ? "
"Yes , sir. "
Mm. Green's testimony has all been given
In a Jerky , uncertain .manner , leaving the
Impression that she had a great many things
to tell , but was ntixlous not to tell too much ,
After she left the tand , Mr. nnd Mrs. W.
L. Illceeio called. Both testified that Mrs.
Green worked for them ni n domestic from
April 1 last until Memorial day , and that she
culled at their horn ? some time nftcr the
Ish tragedy ; that she raid the expected to be
called as a witness In the Ish rise ; that In
response | 0 Hie question by Mrs. Rice , "What
di you know about the cae ? " Mie replied ,
"I t'o not know anything about It. "
Dr Van Ness was. called as the attending
physician of Mrs. Mabel E. Ish , and the do-
fcnso sought to secure from him a state
ment concerning the health nnd mental con
dition of the woman. The state objected ,
ami quite nn argument wase hail. Mr.
Baldrlgo grow somewhat -theatrical. If the
witness were allowed to answer the question
he would demand that he be allowed to go
to the county Jnll with as many physicians
as he deemed necessary and make nn ex
amination of the condition of Mrs , Ish.
Mr , Ransom replied with some wnrmth.
Mrs. Ish , ho said , was , no far as the court
was concerned , mentally dead. She was not
competent as n witness , and he wished to
show by her attending physician that her
condition was such that she would be en
dangered In health and mind by being culled
as n witness.
Judge Keysor as first sustained the objec
tion , and then , upon further consideration ,
*
withdrew his rulingand allowed the witness
to answer.
NOT FIT TO APPEAR.
Dr. Vnn Ness stated that Mrs Ish was
suffering from n womb trouble. As one of
the results of her ailment she becomes easily
confused , shows a loss of memory and nn In
ability to talk In a connected and Intelligent
matter. She was very nervous nnd Irritable ,
nnd hn could not consider her competent to
appear ns n witness and testify In the case
on trial , nnd ulio would not , he thought , be
able to give an Intelligent version of events
th.it happened some months ago.
After Dr. Van Ness' testimony the defense
offered three depositions. Parts of them
were not admitted by the court. Charles
W. Wlnstanley ot Minneapolis deposed that
ho wjs n friend of Chappie and was one of
the pall bearers at his funeral. He saw
Chapplo In the Woodmen parade on the day
of the tragedy nnd saw the butt end of n
black or rubber-handled revolver In Clmpplo's
pocket the evening before the tragedy.
Tim deposition of Mrs. Matilda Swenson of
Minneapolis wan presented. Mrs. Swenson
Identified the photograph of Chappie and said
Hint she was at one time Chappie's wife.
James C. Hlce , head of the Rice detective
agency of Minneapolis , deposed that Chapplo
had been employed by him for two years as
a detective.
Miss Amanad.i Frampton , n cashier In n
store In Minneapolis , testified that she had
krown Chappie and Identified the photo
graph of him attached to her deposition as
that of Chappie.
"Tho defense rests , " announced Mr. Ran
som at 3:60 : o'clock and the state called Mrs.
Grace George , 3210 Fowler avenue. In re
buttal. Mrs. George had been employed ns
a domestic nt the Ish residence In April
and May Inst , nnd saw a black-handled re
volver on the dresser In the north bedroom.
She never examined It.
Captain H. P. Haze of the police force
was called to xebut Jimmy Ish's testimony
concerning the- bullet marks In the bedroom.
He wns not clear ns to the location of the
bullet marks In the east wall. Nothing was
developed by his testimony.
EXPERTS ON THE OTHER SIDE.
Dr. 0. S. Wood , a practicing physician
of thirty-six years' experience , was called ,
He had Just come , from nn Investigation of
the physical nnd mental condition of Mrs.
Mabel E. Ish. He stntcd that he found Mr. .
Ish In a fairly good physical nnd mental
condition nnd. In his opinion , she would
suffer no 111 effects from appearing nnd tes
tifying In the case now on trial.
Dr. H. C. Van Gleson testified Hint he
liad seen Mrs. Ish nnd thought she was
physically nnd mentally competent to appoir
as a witness. Dr. C. C. Rosewnter nnd Dr.
J. T. Matthews corroborated the evidence
of Drs. Wood nnd Vnn Gleson as to Mrs.
Ish's condition.
Then the prosecution sought to rebut the
expert evidence given by Drs. Lee nnd Sum
mers tending to show thnt Jimmy Ish was
suffering from emotional Insanity at the
time ho shot and killed William H. Chappie.
The hypothetical question aaked by tha de
fendant's attorneys wns repented by County
Attorney Baldrlge to Dr. O. S. Wood , con
cluding with the Inquiry , "Under those cir
cumstances , what would you say of the men
tal condition of the man ; was ho sane or
Insane ? "
"From his actions before nnd up to the
shooting , " replied Dr. Wood , "I would say
he was sane. "
ISRAEL FRANK IS ON TRIAL
Meat Inspector's Oase Called at His Urgent
Personal Request.
DEFENSE SHOWS ITS HAND OPENLY
CiinlcinlH ( lull It WIM .No I'nrt ot the
Dofenilntit'n Duty to Count
the HORN lr vt ticil
h > - .Sporrl.
When the criminal court convened yester
day County Attorney llaldrlge spoke privately
with Judge Scott and aaked him ( or a con
tinuance ot the caic against Israel Frank ,
charged with obtaining money under faUe
pretenses , In conspiring with John Spoor ] , the
poundmastcr , by returning claims against the
city tor drowning hypothetical dogs. Judge
Scott refused the continuance , and
thereupon the case was at once taken
up for trial , two ot the assistants
of the county attorney caring for the
Interests of the state. The attorneys showed
In the proceedings of the afternoon that
they were entirely unfamiliar with the case ,
but handicapped as they were , the court
forced them to continue the trial. Judge
Scott gave utterance to the following re
marks :
"If Mr. Frank Is Innocent It certainly Is n
hardship to keep him from trial. He and
his family arc dependent on his salary for
support and during the pendency of this ciso
he Is drawing no salary , as ho la suspended
by the Hoard of Health. Ho has demanded
an early trial , and under the circumstances
I think ho Is entitled to it. "
Tliu defense plated that It did not think
that the trial would last long , us It wns willing
to admit several things that the state w.19
required to prove In the Spoerl trial. These
admissions , however , consisted only of such
facts as that George 1' . IJemls Is mayor of
the city ; that Frank was duly appointed
meat Inspector , and that the account turned
In by Spoerl of the number of dogs drowned
In the month of August was In reality what
1C years of age , w r 'nrr-used ' ot robbing the
factory of the Onirtht CjnwlldateJ Vinegar
works of $121 worth of bra s. A motion for
a new trial was al oneo filed by Albert
Orlswold. ' <
Albert Orlswold lit ] George Orlswold , two
negro boys , both of .whom claim to be under
16 years of age , W6Fe yesterday placed on
trial In the cflilllnM court , charged with
burglary. They | flrt. > ccused of having en
tered the factory ofthe Omaha Consolidated
Vinegar works on October 9 , stealing there
from $121 worth ef < brass. A white boy ,
who was tried for. the , same crime some days
ago , was acquitted.
Benjamin T. Whllmore Is trying to ob
tain an order from ? 'Judge Duffle to restrain
George Wilkinson ( -from Issuing tha "Omaha
Clinic" and to compel him to turn over all
the accounts anfl properly ot the paper.
Whltmore alleges that he employed Wilkin
son as an editor two years ago , under a con
tract , Some time ago Whltmore left the
city , and he claims that Wilkinson assumed
the proprietorship of the paper and refuses
to turn It over.
2 SOUTH OMAHA NEWS
Rccocccocceccccorcoecoo
There was a good attendance at the meetIng -
Ing ot the Uoard of Trade last evening. The
object of the Meeting was to hear reports
of committees appointed at the last meeting
In regard to opening Twenty-fourth street
through to the Sarpy county line. Mayor
Johnston as one of the committee appointed
to sea the Douglas county commissioners re
ported that his committed had not been able
to meet the county commissioners , and asked
for further time. Other committees also
asked for further time. President Knsor said
that while the meeting was callcvt by the
Hoard of Trade , the' matter under considera
tion was of Interest to all taxpayers.
Major Johnston stated that the city could
not expend any money on street Improve
ments , and that It anything was done It
would have to be done by the county com
missioners.
Mr. Grlgg , a prominent farmer of Sarpy
county , said that he attended n meeting at
Papllllon Monday ov.entng , and the sense ot
the meeting was that the Sarpy county
farmers were In favor of the Twenty-fourth
street route , as the- proposed road along Thir
teenth street waa too far east ,
Mr. Ebv. another Sarnv county farmer.
thought that as South Omaha would reap
the beucllt of a road to Fort Crook , the
citizens ought to turn In and help to build a
road through the city to Uellcvuc and the
Fort.
J. 11. Smiley thought the county ought to
help the city In macadamizing Twenty-fourth
stioDt to the county line.
Several business men from Albright spoke
In favor ot grading and paving Twenty-fourth
street to Uio county line. The road now
traveled Is considered the best and the only
road to Fort Crook. President Ensor stated
that as there seemed to be no difference of
opinion regarding the route ho would ask for
suggestions as to the best means to accom
plish the object In view.
"There Is only one stumbling black , " said
Dr. Ensor. "Can wo get the money from
South Omaha business men to push the
road to the line. "
F. A. Cressy thought that If South Omaha
did Its share by making the road to the line
Sarpy county \voUld"c < ! ttainly do the rest.
David Anderson thought the only way out
ot the dilemma w as , to appeal to the county
commissioners. Even should this be done the
people would meet' ' with a great deal of oppo
sition from property , t owners on Thirteenth
street. . , , .
W. S. King said that the road from Wyman
street to the coUnty llne could be graded
and macadamized .for $10,000. Deputy Sheriff.
John Carroll wanted a commltteo to go after
the railroads and get what help It could. He
also suggested that perhaps the street car
company would h.qlp atlittle.
Jchn Flynn suEgestjed that a committee
visit the property owners on Twenty-fourth
street and see what the feeling Is In regard
to thematter. . Messrs. Howland , Morrell
and Cockrelt were appointed as the com
mltteo. ' '
Engineers Kingami Beal were appointed
a compilttee. to Investigate th ? probable cost
ot tbe'\\ork' ' proposed , " the' road to be cither
pavetli or macadamized.
Adjourned until ( December 27.
Sloclc
President Stephen presided nt the special
meeting of the Live Stock exchange yester
day afternoon and Vice President Bruce
McCulloch occupted Secretary Lott's seat.
By an almost unanimous vote the mem
bers decided to stand by their original ac
tion and the stock yards will 1)3 closed all
day Christmas" .
The nominations of officers are the same
as decided upon at the caucus Monday after
noon. President , J. G. Martin ; vice presi
dent , W. I. Stephen ; board of directors ,
L. C. Uedlngton. Frank Chlttenden. W. D.
Wnllwork , M. 11. Murphy , J. J. Murphy ;
board of arbitration , D. S. Parkhurst. Fred
Chlttenden , T. E. Sanders , J. J. Goodell ,
J. L. ' 11111 : commltteo of appeals , D. L.
Campbell , n. Gllchrist , J. S. Knox , A. C.
Foster and J. L. Carey.
The election will be held at the first
meeting of the exchange hi January. There
Is sonic talk of putting another ticket In
the fleld.
City
F. A. Agnew of Newton , Kan. , has moved
to South Omaha.
The Maccabees ulll give a dancs at Ma
sonic hall Thuisday evening.
C. M. Carson , cashier at the stock yards
offices , has gone to St. Paul for a ten days'
visit.
visit.Tho
The Elkhorn and Missouri Pacific are
putting In automatic scales at the yards
and expect to commence weighing cars Jan
uary 1.
Invitations are out for a Christmas bill
to be glvon by Primrose Grove No. 6 , Wood
men ot the World , Tuesday evening , De
cember 2-1 , at Y. M. I. hall. Refreshments
will be bervod.
The stag party and banquet gl\en by tha
AncUnt iOrderof / United Workmen last
night was a very enjoyable affair. A num
ber of visitor : . ' from Omaha and Council
Bluffs were present.
A meeting of the women Interested in
the South Omaha hospital met at the home
of Mrs. Dr. Berry yesterday afternoon. The
Hnances and resources of the Institution
Vioro talked over and arrangements made for
the future.
Deputy Sheriff Carroll was about town
yesterday serving subposnas on persons who
will be witnesses in the Seljan murder case.
The Green family , who lived about a mlla
south of the mouth of the sewer and who
pulled the body of Seljan from the river ,
has moved to St. Joseph. Chief Brennan
and Officer Mulcahy , have been served with
papers and will bo witnesses In the case.
Plies of people , hava piles , but DeWltfs
Witch Hazel Salve will cure thorn.
points , cither to assist or take the places
of strikers. Over 100 arrests were made
today , and nearly nil the prisoners were
held for a hearing tomorrow. One- youth ,
not a ftrlkpr , was held In $4.000 ball for
cutting1 the rope on a mail car. Ho will
be a government prisoner.
Largo details of police arc on duty at
every car stable and points along tha prin
cipal thoroughfares. Not only riding , but
walking was next to Impossible on Chest-
fa'ut street today. Tlii iwholo population
seemed to ho on this and neighboring thor
oughfares and In the way peculiar to the
public , seemed to enjoy the excitement.
For several hours the street was practically
at the mercy of the mob. Some merchants
boarded up their windows.
About 2 o'clock th ? traction officials at
tempted to operate the Chestnut street line.
Th ? cars reached a point east of Broad ,
and from that street to Eighth street , a
dlstanca of alx blocks , about twelve cars
were drawn up , when a crowd of boys be
gan to taunt the motormen and conductors.
Suddenly stones began to fly and almost in
an Inutant the twelve cars were borne down
upon by a furious mob. Every pane of glass
was smashed , trolley ropes were cut , cush
ions clashed and fenders wrecked. During
this disturbance Keservo Policeman A. Kepli-
ler was seriously Injured by [ 'tones.
Along Eighth street the fcamo condition of
PIOTURELS PLEASANTLY AND POINTEIDLY PUT
fT'S NOT TIII3 FASHION
nowadays to "affright the
mld-nlulit air" with tuneful souiulb , but
thorn's n ttoro hoiuu full of melody Iti thuho
liutriimonu that can bo broimut forth tttnp-
proDrlnto und proper tlmub Tlioso are special
holiday prices , for
Axooil llumlolln , American make , worth
fl.oa forUr.5.
A cixxl On I tar , American make , worth ll&.UO ,
for 7.00.
A Rood Banjo , Standard make , vrortlt 132.00 ,
for HUK > .
A unod Violin , complete outfit , worth t'J&.OO ,
( or 110.00. Ojiun OM'iilnK * .
A. Hospe , jr ,
Music and Art. 1813 Douglas St.
Mr. Gurley's cross-examination was very
critical and covered the entire ground re
viewed by the hypothetical question and
left the matter before the Jury with the doc
tor's opinion that Ish was sane and that
the reasons for the opinion were very In
tricately drawn and too deep for ordinary
Ijymen to comprehend.
At the conclusion of Dr , Wood's evidence
the state announced that the evidence In
rebuttal would bo completed within a coupla
of hours today and court adjourned until
this morning. The evidence will all bo sub
mitted by noon today and the case will
probably go to the Jury some lime tomorrow.
I.ooomotlvoM TtHh CoinjirrMHiMl Air.
NEW ORLEANS , Dec. 17. The system of
handling cotlon and other freight with com
pressed nlr locomotives nt the terminal of
the New Orleans & Western Railroad com
pany at Port Clialmotto has been tested and
provinl an Immense success. This system was
devised by A. N. Swanltz , chief engineer of
the Delts Construction company , and will re
sult in great Having of cost In handling freight
and In complete Immunity against flro in the
terminal yards.
The careful mother always keeps Salvation
Oil handy , for culs and bruises.
WHAT VOUKO Sin.V WAST
They want J5 style and they're not par
ticular as to how much less it costs. Our
$3 shoe for young men makes an elegant
Christmas present. All pure leather , razor
or needle toe , an easeful , elegant and en
during nt. We guarantee It to be the best
$3 shoo In America. Mall orders filled.
A $5 style for | 3 , Open evenings.
Drexel Shoe Co. ,
- 1419 Farnam.
It purported to bo. The defense also agreed
to accept as testimony the evidence given by
Detective Mcdutro In the Spoorl case ; that
McOutro did not himself arrive In the city
In time to be called to the stand. The defense -
fenso refused to admit , however , that It was
n pait of Frank's duty to Keep track of the
number of dogs drowned by Spoerl or his
aaslutanU' , and It was early evident that It
waa on this point that the main fight In
the case will bo made.
GOT A JURY EASILY.
There was no great difficulty experienced
In obtaining a Jury. Only half n dozwi jury
men were excused for having opinions , and
three of the peremptory challenges were no't
used. The jury ns finally selected consisted
of the following : Matthew L. Ilenzman , 1S09
Burt street ; Andrew Jackley , 1359 North
Seventeenth street ; Henry M. Walker , 1G02
South Fifth street ; James Hnmblln , 701 Pine
street ; Anton Lelpp , 2739 South Twenty-first
street ; Thomas K. Pearson , 2101 Douglas
street ; Harry Klass , 624 South Sixteenth
street ; D. W. Fleming , 15CO South Tenth
street ; Richard A. Wagner , 1S13 Unrd street ;
Jamea P. Hansen , 2816 Chicago street ; Wil
liam E. Stocklmm , 1412 North Eighteenth
street ; John Woodhard , South Omaha.
The first witness called to the stand was
Dr. Savllle ot the Board of Health. Ho was
asked whether it was n part of Frank's
duties to count the number of dogs killed at
each drowning. The defense objected to this
on the grounds that the host evidence of this
wus to bo found in the laws and ordinances
of the city. Judge Scott supported the ob
jection and County Attorney Day thereupon
attempted to find some section in the charter
which would cover th pointHe * tried to In
troduce a section which gave the Board of
Health power to direct the work of Its em
ployes , but Judge Scott would not allow it to
be admitted.
The defense stated that It Intended to show
that It was not a part of Frank's duties , as
provided by the charter , to count the dogs
drowned. It will bo held that if bo had no
such power his recommendations that Speed's
counts were correct would carry no weight
and therefore he could not be held In any
way responsible if Spoerl obtained money
under false pretenses from the city. In the
Information It is stated that Frank , whllo
In the performance of his duties , defrauded
or conspired with Spoerl to defraud the city.
SCOTT SUPPORTS THE DEFENSE.
Judge Scott held that It was necessary to
prove that Frank was performing his duties
when ho commltttcd the fraud , and wns of
the opinion that the counting of dogs was not
his duty unless the city ordinances provided
It. County Attorney Day was not ready to
meet this point , and therefore Judge Scott
adjourned court until 9 o'clock this morning
to give him time In which to prepare.
3inS. fiASKILL'S JVOVEI , SUIT.
.AnK-H $10OOO from Herman ICouutzc
011 Acpount of Iilii'x Dentil.
Mary Qasklll , the mother of murdered Ida
Gasklll , has brought a $10,000 damage suit
against Herman Kountzo.
The plaintiff alleges that the house In
which the body of Ida Gaaklll was found ,
and in which slio was murdered , belonged to
Herman Kountze. Mrs. Gasklll says that the
hous } had for a long time been a nuisance to
the community In the neighborhood. Inas
much as It had become a rendezvous for
tramps and "slugs , " duo to the fact that
there were no doors nor window sashes In It.
This , together with the fact that the body of
Ida Gaeklll was found In the house , lends
Mrs , Gnsklll , to she avers , to the conclusion
that the elrl would never have been mur
dered If the house had been furnished with
doors and window : * .
She further alleges that she "ls heart
broken with grief over the loss of her child
and the loss of her love and companionship.
She avers that visions of Ida , struggling and
resisting her assailant In the dark recesses
of the house , forever float before her , day
and night ; that she Is damaged by loss of
the child and by the pain of a sore and lacerated -
orated heart In the sum of $10,000. "
Minor Mattvrn In Court ,
A decree of foreelosuro was yesterday
granted W. K. Potter , receiver of the Ne
braska Savings and Exchange bank , against
Ralph E. Oaylord and others. The property
which was foreclosed on ua glvon to se
cure two notes , which aggregated , with In
terest , over $12,000.
A Jury yesterday afternoon found George
Grlawold not guilty and Albert Orlswold
guilty of the charge of burglary. The boys ,
who are colored , and who claim to be under
lIUKItAII FOIl CIIKISTMAS1
What you want Is socka , or peihop ,
uhlrta-no matter ; what you want you won't
net unless you mention our name to the
Blver tell of us and our men's underwear ,
umbrellas , neckwear and suspenders. These
new shades In kid gloves at a dollar o pair
ure not so bad they are perfect lilting1 and
good value. We have them for mort
Dent'u and Pcrrlne'a street and Uress gloven.
Albert Calm ,
Men's Furuiaher , 1322 Foruom.
TO PLAY CAHDS ON
Hut the playing cards ore our sult thla
week. We've got playing cards at 5c to
11 per pack also special whist cards-
noiseless rubber chips. Mout complete line
of playing cards In the city. These und
every article In our store at cut prices.
We're cloning out the stock , See our line
of Rogei nnd Wostenliolni knives anil
razors. We make Columbia metal polish
and ill ! mall orders.
Cross Gun Co. ,
Sporting Goods. 116 S , 16th St.
NOTHING TO DO BUT WALK
Strike Deprives Phlladelphlnns of the
Usual Mode of Transit.
STOPPED ALL STREET CAR TRAFFIC
Mob of Itonillo * llrMroy HIP Com-
] > IIII'H t'ront'rt ) flrlkorn .Not In-
totinl In the lllot * MC\rrnl
Arrr ln Ilitti' Upon Mnilc.
PHILADELPHIA , Dec. 17. Philadelphia
Is all but at tlio mercy ot a gang of hood *
turns and the traction strike It not yet
twenty-four hours old , Tonight not a
street car ot the Union Traction company
Is running nnd that company controls every
line In the city with the exception of two
comparatively short cross-town lines. From
eaily morning until dusk , nt eich branch
line made desperate efforts to statt , howling
mobs surrounded rnch car , stoned And hooted
the motorman and conductor , smashed the
windows , cut the trolley ropes and wreaked
all possible destruction until the attempt
was abandoned. The strikers take little , If
any , part In the work of destruction. This
was In the hands ot the Inevitable rowdy
element. Many persons wcra Injured by
flyrng missiles and thousands of dollars
worth of valuable property was deitrojed.
Flvo hundred extra policemen were sworn
In by Mayor Warwick tonight and these ,
with the rcRtilar force of 2,100 , will make
an attempt to quell the rioters tomorrow
They ha\e orders from Mayor Warwick to
carry their batons unsheathed. Should this
fall the governor will be appealed to to
order out the mllltla. The city's cxscutlvo
declared tonight In unmistakable terms that
this strike U no longer a contest between
a railroad company nnd Its employes , but
n battle between the city and violence , and
the city will win , It It takes the United
States nrmy. The situation Is one of the
grn\est the city has ever been called upon
to encounter. Tonight the staff officers of
the new National guard of Pennsylvania are
In their armories , uniformed and armed In
case of need.
Three proclamations were Issued by Mayor
Warwick this afternoon. First , he appealed
to nil good citizens to assist the authorities
In maintaining order and to that end to
refrain from gathering In crowds on the
E/trcets. Secondly , he ordered the summary
closing of all liquor saloons , and thirdly , he
asked all women and children to stay at
home.
NO EFFORT AT SETTLEMENT.
The war Itself remains unchanged. The trac
tion leaders refuse to listen to any suggestion
from the other side and Indeed no effort Is
belui ; made in that dli sctlon. The strikers
are firm nnd determined to fight It to the
bitter end. Three mass meetings were held
tonight In various pnrts of the city. They
have almost universal sympathy not only
from conservative citizens , who , whllo de
precating violence , declare that the strikers
have right on their side , but from labor
unions throughout the country.
The offices of the mayor and director ot
public safety were besieged all day by promi
nent citizens seeking an end to the battle.
Among these was John Wanamaker , ex-Chief
Justice Paxson , P. A. B. Wldener , William L.
Elktns , A. J. Cassett , Hufus Shapley , Caleb
B. Fox all of whom arc more or less con
nected with traction Interests. John Lowber
Welsh , president of the Union Traction com
pany , was In aud out the offices from'e'arly
morning until late tonight. At 10 o'clock
tonight ho bustled In to tell the mayor that
the mob surrounding the cor stables at Eighth
ami Dauphin streets , where the main offices
of the company are situated , was Increasing
and threatened violence. Additional details
of pollco were promptly dispatched to the
scene. J. J. Sullivan , president of the Elec
tric traction , one ot the branch lines , was
recognized by a mob at Fourth and Market
streets this afternoon nnd the clothes were
almost torn from his back before policemen
rescued him.
Separate letters were sent to the mayor
this afternoon by Mr. Welsh , Mr. Sullivan
and William H. Shelmerdlno , president of
thp People's line , declaring that the city and
county will be held responsible1 for the value
of the property destroyed today.
President W. D. Mahon of tlie National
Amalgamated Association of Street Hallway
Employes , who Is controlling the strike , made
a statement to the public tonight. He de-
clnred that the strikers were In no way
to blame for today's disturbances , that tly >
dlsoidcr and destruction to property was the
work of persons not connected with them.
The committee decided also to again caution
the men against violence , and to request
them to use their best endeavors to protect
the company's property. The company , ho
added , was alone responsible for the trouble
by refusing to listen either to the employes
or the citizens' committee.
ONLY A FEW CARS STARTED.
On the dozen divisions of the company
today an aggregate of about fifty-six cars
were started out. The total number In the
esrvlco of the company is 2,500. The en
tire road covers about 500 miles , and over
CiOOO men are employsd. Tonight about
5,000 of these are out. There are all sorts
ot rumors. One Is that the electricians ot
the company will Join the ranks of the
malcontents. Another that armies of rail
way workers are bound for this city from
Brooklyn. Baltimore. Indianapolis nnd other
WHAT 000 AVILI , JIIIV
Sliver thimble , silver plated sugar ppoon
or pickle fork , or napkin ring , or butter
knife or call bell , pearl sleeve buttons , silk
Kuunl , black rubber breastpin or sleeve
buttons , pocket knife or pocketliook , ucls-
Eors , scurf pin , or oh , lota of tlilnfu.
Matidelberg ,
JEWELER , M. E. Cor. 16th & Pnrtmra
-OF
THE GREAT CLOSIIC OUT SftLE
OF THE
S , P. MORSE DRY GOODS CO.
It is the Grandest Opportunity of your
life to get
This store will positively be closed on and after
Christmas. Don't wait until it is too late and then re-
U preach yourself for not participating in this
Great Bargain Event.
Everything from basement to garret must' ba sold
befor Dec. 25th. We have made prices thnt will
do it. Nothing reserved , everything cut and slaugh
tered in order to clear it out before the above named
date , not a thing has been spared , every article reduced
in price so as to be turned into cash.
Thousands of useful as well rs ornamental Holiday
goods at ridiculously low prices.
, Books , Etc.
at less than Importer's and manufacturer's cost. Don't
fail to visit the great
before purchasing. You will be agreeably surprised to
see how far your money wil go at
i Ea
111 and Farnam Sts. Morse's ' Old Stand ,
Safe , Fixtures , Show Cases for sale.
affairs prevailed. It was not until Inte In
the day that sufficient quiet existed to war
rant the removal of the wrecked cars under
police escort. There was no moro attempt to
run them.
WORST RIOT OF THE DAY.
The fiercest riot of the day occuired at Six
teenth and Vine streets about noon. The mob
reached almost to Market street , two blocks
below. It Intienched Itself along the side
walks and bombarded every car which at
tempted to run the gauntlet. Superintendent
Linden , with n great force of policemen ,
finally succeeded In dispersing the crowds
after sixteen arrests had been made. At
Sixth and Market streets a veritable pande
monium broke loose , as the first two cars
reached that point. In un Instant every glass
was smashed , and a fusllado of dinner ket
tles , fire buckets and blocks of wood poured
from the upper floors ot business houses on
either hand. Motormen and conductors lied
for their lives.
Later In the day another violent scene was
witnessed nt Eighth and Market streets. A
West Philadelphia car made Its appearance.
Motorman , conductor and the few passengers
were ordered to leave , and after the fender
had been ripped from Its attachment nnd the
same general work of destruction perpe
trated , the car was upset at tbo Intersection
of the two lines ot track. This bloclude
was not raised for two hours. Similar scenes
occuired In the northeastern section and all
through the city less destructive attempts
were made to prevent the running of cars.
During the early hours of the day , there
was no Indication of the violence which waste
to follow. The strike officially began at 1:20 :
n. m. , with the quiet but firm refusal of the
men to go to work. AH soon as this became
known crowds made for down town , and as
the day wore on the scones of excitement In
creased In frequency and violence. The fakirs
reaped a harvest selling placards bearing the
words "I will walk , " and tonight almost
every man In the army of working people
trudging their way homowotd had one in his
hatband. Women are playing n prominent
part in the strike. One of the warmest ad
herents ot the strike Is a Mrs. Howard , who
has done much toward organizing the men
and winning over new recruits , The Woman's
Health Protective association adopted a reso
lution of sympathy for the men. Apart from
thcso facts women congregated In largo
groups about many of the car stations ami did
not for a moment alolw the agitation to
slumber. AH over town many women suc-
ccsded in Inducing motormen to leave their
cars In the streets.
At a late hour tonight Governor Hastings
telegraphed Mayor Warwick , asking If he
needed any aid from him. A negative reply
on , cnoiivi AVIIAT n-vi : TJII.MC-
My best girl told my other girl that she's
going to buy me a box of cigars for Chrlit-
mai. H'd be all right , don't cher know , If
ti8 knew Robertson , He knows what I
smoke known what every fellah smokes ,
don't cher know and oh , bah jove , Cholly ,
can't you put her on to his Key Weals or
Clear Havanuai at two or three a box. It's
a lot he got on especially tor ua fellahs. Ah ,
thank * awfully , Cholly , I owe you one , ma
deah boy.
Robertson Bros. ,
Cigars ( MMli ? Wiai6 ) s. i5ta s .
MAYER. STHDUSE ft C0..412 ITw . H. Y. .
was given. The governor then said , should
the least occasion arise , to'call on him nt
once.
HKTAII , JMI'MSlIUVr
A n II lilt I 31 rfliiK In Oiniilin
Tomorrow and Friday the Nebraska an4
Western Iowa Retail Implement Dealers' as-
boclatlon will hold Its annual meeting In
this city. Tlio RCffllons will bc < In tlio Board
of Trade rooms and It Is expected thnt be
tween 200 nnd .100 dealers will bo present ,
President W. F. Grafton of Western and
Stcretnry and Treasurer J , A. McLaughllu
of Craig at rived lust evening and are at
the Mercer. Mr , McLanglilln says thnt one
of the pubjectf ) to bo discussed is the pan )
for the consummation of local organization ,
a scheme which bus only been partially car
ried out. It Involves bringing the dealers
In districts * of the state to bo designated
Into subordinate bodies. It Is the rule that
tin district shall comprise more than thirty
dealers. There are now only three organized
districts in the state.
Another subject will be that of listing
goods with grange and catalogue houses.
Acts at once , never falU , One Minute Cough
Curo. A remedy for asthma and that fever
ish condition which accompanies a severe
cold. The only harmless remedy that pro
duces Immediate results.
303112 KHATUHKS
Of that ereat discount wile
of furs are here exhibited. You can buy a
liandrotntj muff und boa for &i , nnd finer
one * In all prlcea up to (5. No hotter
Christmas prcaent can bo Klven than one of
these fur setu. For . ! we have a pair of
nice warm fur Klove * from that up to $25.
CapeM , jackets , mantlet ) , collarctte , ru i ) ,
men's fur coata , men's fur caps , etc , All
at one-fourth off rcuulur pi Ice and aoma
nearly one-half price.
G. E. Shukert ,
Furrier , Fifteenth nnd Hurno *