Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 19, 1895, Page 3, Image 3

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    TI1JS OMAHA DAIFAr UKKi TIlUUHJnvY , niCOEMIJUK 11) ) , 1805.
TUP 'PPf'I'l ItMltV
IIIK riiSHMONi :
| 1
( /iliMimler / Trial IB Approaching III Lust
, Stage.
f- _
LABAUGK OPENS FOR 1HE STATE
that tlio Kllllntr nf Chappie
I'i'iMiiiMlllnliMl nl l < > lnur !
llr < i < llc } ' I'lcn for Itic
The evidence lina alt bson tubnilttc'l lit thf
Bh CASO anil the arguments ot the attorney
ro l.tlng made to the Jury.
\\licn the case was called fur trial last
\\cilicilay : It was thought that a Jury could
not lie tccurcd In lcs than three or four
ays ami ft special venire lor ICO Jurors was
f ued To the surprise of nil concerned a
Jury Wfl secured without exhausting the-
ug'ilar panel , about nhty or the stunt-
two men on the panel being called In the
selection ot twelve men to trj the case.
Th'ii It was the general Impression that It
Mould take ten ilajs or two wceUs nt least
to present the evidence. That WUB ano'her '
surpris } and a mistake. The flute had
sixty-three witnesses on the list and called
lets than half ot them , and but six days
were consumed In the presentation of the
ca c , The ln t wltnets left the stand at
10 o'clock yotteida ) and the couit ordtreJ
the state to iirnrccil with the aiguments.
The nttendanco at the trial has bssn large ,
the capacity of the rourt room being taxed
nt every session. The jury has been well
cared for under Judge Kejsui 5 direction and
there has been an absence of all disturbing
nnd embarrassing features In connection with
the trial , The argument for the state was
opened by Slabiugli. L. H. Hradloy , Kiank
T. Hansom and W. r. Gurlcy will speak for
the defense and the state's case will be
closed by County Attorney IlaMrlpe. Pres
ent Indication ! * are that the case will be sub
mitted to the Jury thl1 * evening.
SAW MANY UULLirr HOLKS.
Andrew U. Ketguson , manager for the
Singer Sen Ing Machine company , was called.
He testified that Chappie , while cmplojul
by the company , did not sell sewing ma-
chlneIn the country This was offered to
rtbut the testimony of Mrs. Heard , who testi
fied that Chapplo had been to her house' In
Union prcclrct and had tried to sell her a
tew Ing machine.
Fleebc was * recalled In rebuttal. He Is th ?
witness who , according to his own story , hud
been the busiest man In town on the night
of the tragedy. He had been everywheie
llfl'had helped untangle matters. Mi. Fleebe
waH cilled to strulghte-n out some of the testi
mony concerning the location of the bullet
maths In the walls and windows and casing"
in the room In which the shooting occurred
Ho had seen three bullet holes , ono In the
window , ono In the casing and ono In a
chair that wns standing In the cont'r of the
room. Mr. Klecbs. while clear on the matter
of bullet irarks , went lame in his efforts to
describe tht > turnlture of the room and was
excus d from cross-examlnatlop.
Or. H. C. Vin Gleson was called by the
rtate. Ho stated that he would consider the
defendant sane at the time of the commission
'of ' the crime , according to the facts as slat d
In the hypothetical question , which has fig
ured In the testimony of the experts on the
Insanity question. On cross-eximlnatlon the
doctor practically admitted that under such
circumstances' a man's passions might en
tirely overcome Ills will power , but he would
consider him reppons'ble for his acts. It wa's
developed that Dr. Van Gleson does not take
kindly to the talks about emotional Insanity
What other physicians were- pleased to call
emotional Inranlty the doctor classes as ex
aggerated pasa'on. '
MM L A. Williams was called and testi
fied , that when Isli called at her house on
Sunday morning , Juno 9 , inquiring for Chap *
pie , he was apparently "cool and showed no
symptoms of mental excitement.
Mrs. Martha M. lah was called by the de
fense and testified that the- bed room In the
Ish nous ? was not carpeted , but bad an oiled
floor. This was to rebut the evidence of
Plecbc , who swore that the room was car
peted.
Dr. Tlldcn was not prfsent when called by
the state , and after waiting twenty minutes
for him Judge Koysw ordered the state to
proceed with the arguments.
LAWYERS BCG1N TO TALK.
At 10:25 : o'clock Mr. Slabaugh commenced
the opening argument In behalf of the state.
Ho be-gan by defining the degrees of murder
and discussed the amount of evldenes neces
sary for the jury to return a verdict of
guilty. "Tho defendant , " said Mr. Slabaugh ,
"admits everything In this case and clalmy
Justification. He admits the killing of Wil
liam II. Chappie.
"Thoro are two theories In this case. One
Is our , that Isli and his wife planned to kill
Chippie. They planned It before June 0 , sent
for him , telephoned for him , met him at the
door , Invited him In and made their house a
slaughter lions * for him. Their theory Is
that the crime was committed In belf-de-
feniM. or that the defendant , James Ish , was
Insane. Now those dofens-ea will not har
monize. Ono defcnsci or the other must fall.
A man cannot be Insane and at the tame
llmo consider how he would bo acting In
fdf-deftnse. "
Mr. Slabaugh entcrc-d Into a dlscuMlon of
the evidence. "Dr. Leo has testified , " said
he. "that all the bullet holes In Chappie's
body vvnt down. There Is only one explana
tion and that Is that Chappie was sitting on
a chair at the towing machine ) when Ish en
tered and shot him In the back of the head.
Those bullets all went down and could not
have been tired by Ish standing on the same
plane with Chappie. The shots could not have
been fired whllo Chappie was standing.
"Tho evidence uhowa that lull had been
told on Saturday of his wife's Inlldellty and
had until Sunday nlsht to think It over and
pbn the murder In revenge. After Mrs. Ish
told her husband he went about his walk as
usual , doing his chores und acting aa usual
about thu house. You may discount the tes
timony of Mr . Green all you wloh , but all
the ovldince corroborate * the statements made
by her. It what we are told be true- the first
Impulse of a man would bo to go out and
hunt up the man who had wrecked his homo
nml kill him at once. That would furnish
Bonn ) excuse In law and morals , to kill him
then , when the mind was overwhelmed and
the reason dethrone * ! by the awful revela
tions made to him. Dut Jimmy Ish did not
do that. Ho coolly thought over all the facts
In the case , all the revelations of his wife's
VNcaknua and Infidelity , and then went about
doing his chores , taking his meals with ac
customed regularity , and waited for his
victim "
The attorney then took up the ECCIIC at
the Ish house in Sunday night. He argued
that If Isli'i etory wore true his actions on
the occasion of Chappie's visit were most
unnatural. "Would he Invlts Into his house
this man who had wronged Ills wife , that
good and pure woman ? Would ho allow the
man to como Into his house and go Into the
bed room with his wife , with the wife who
had suffered m much at Chappie's hands ?
Could he go In there and stand calmly by
end tee Chappie and his wife working at
the sewing machine ? .Would ho go out of
tlio room for kindling and leave his wife In
vine room with the man who had seduced her
end wronged her ? Is that hontst , Is that
ratine ? Would you do that ? The natural
thing would have been for Uh to refuse
to admit Chapplo ; to drive him
from the house , to kill him If nee-
essar > rather than allow him to enter his
home and meet the woman who had been
3 deeply Injured and wronged by him. "
REVIEWING ISH'S TESTIMONY.
. Men of the argument by Mr. Slabjugh was
devoted to a direction of the statement ot
Defendant Ish. He said that the evidence
was undlnputed that the two revolvers
found In the Ish house belonged to Isli and
hi * wife. "Tliero was no reason , " he tald ,
"for Ish to say that Ma wife had klllid
Chapplo If ho hlnuelt had done the shooting ,
cither In Belt-defense or while emotionally
Insane. It his defense Is good , there It no
occasion for laying the bUma on his wife.
Then lib told tco many stories of the trac-
' ! > . Ho told three different versions of the
affair. Captain Hate said he believed the
Ian version wai the correct one. Now that
Is a bit ot opinion offered by Captain Haze
voluntarily , and w did not ask l.lm for It.
Ilia the facts ro that lib told three ctorle * ,
and two of them , at leait , must be false.
Now , In which did he tell the truth and In
hhlcu did he ll t It he lied about on *
\
'll-rf ' the law lv i y > i ) the right to nue"-
lion the veracity ol tithir ttatcmentt made
by hln , "
Mr SlnlMURh ckned with an appeal to the
Jury to KRictnnrr Hint they were worn to
their dut > , i.ot as Jurymen on one sldo or
the other of the case , but ( .a men sworn t
weigh ail the evidence In the ei c and decide
Impsttblly and hontttly , . "The state ex
acts such a duty from jou. " tald Mr. Sla-
IxiiiRli , "and the law will be satltfled with
nothing lets. "
Attorney Tiradley optricd the arsumrnt for
the detente. He rcvlcvud the life of the
defendant briefly and then entered upon a
dlecustlcn tt the evidence and conditions In
the ai&P. lie argued that Ish's love for
his wife deterred him fiom acting rashly
when the revelitlons tf her weakness were-
flrtt made to him. He knsw her feehl *
condition and bis conslderjtlcn tor her Ih-
diaid him to wall. He waited nnd made
A quiet Investigation , hoping against hope
that tome wnnight be found out of the
terrible condition In which he hid found
hlrntelf. Mr. Uradlcy had not concluded
hlet argument when couit adjourned fcr the
noon lecesc.
CONTENTION OP THH Dni'ENSK.
Judge Uradley resumed Ills argument nt
the afternoon tcxslon. The court room was
crowdcl nnd hiindreiln of curious people were
unable to get accffs to the room. Judge
lliadley took up the evidence In the case and
reviewed It nt length and pointed out what
ho termed In * false conclusions drawn by
Mr. Slibaugh He sold that the undisputed
evidence of the state's witness , Dr. Lee , was
that the shot which ciilerul Chapplo'B head
robbd him absolutely of the functions of
life and made It absolutely Impossible for
him to get up , cross the room and get Into
the corner of the room where ho was found
Yet the claim of the state made emphatic In
Mr. Slabaugb's uddiess , wa that Isli hid
fired that shot while Chappie was sitting
with Ills back to him. Such would have been
Impossible under the plate's own evidence.
Judge Dradley dissected all cf the state's
evidence nnd paid > -pclal attention to the
testimony of Mrc. Snslo Green nnd the p-
cullar feUures of her evidence , which , he
said , branded her Htntements as false nnd
unreasonable. He clsscd with nil appeal to
the Jury to render n verdict based on tin
facts and regardless of the falte assumptions
bf the sta'c's attorneys , nnd mndo a strong
plea for the wife and nged mother of the de
fendant.
At 3-30 o'clock Mr Rinsom took up the
argument for the defense and for an hour
and n halt kept the attention of the Jury
closely drawn to his careful nnd close rc-
v.ew of the testimony of the case. He an
nounced that ho would have to disappoint the
piosecutlng a'torney , who had stated that
the defense would appeal to the passions and
bjmputby of the Juiors He would do noth
ing of the kind , but would consider only the
evldcnco Introduced by the state and by the
defendant He took up the evidence of wit
nesses by the s ate and pointed out the man
ner In which they had failed to show either
a conspiracy to murder Chappie or any pre
meditation on the pirt of the defendant.
Ho claimed that the state had not produced
evldcnco sufficient to &how that the killing
had not been don ? In sclf-Jefcn = c , and had
not successfully refuted the claim that the
defendant was n victim of cmotloml Insanity
at the time he fired the shots that killed
Chappie. He dissected the evidence of Mrs.
Grcsn , of Lowr.e , of Klecbe nnd other wit
nesses fci the state nnd challenged the county
attoiucy to icfute his cliargo that the evi
dence wnt net such as to convince the Jury
Leyond a reasonable doubt tint the killing
had been done by Ish at , charged In the com
plaint. Mr. Ransom's entire address wns de
voted to a discussion of the weak paints in
tbo evidence of the state.
Mr. Gurlty will close the defense of the
catw this fcrcncon and Mr. Daldrlge will offer
tbo closng nddrc-ss for the prosecution. The
-nse will probably be given to the Jury this
afternoon.
< jossn I-HOM Tim STATE
1'iitrlotlt' KfiitlinontH and
to Plirht < ; < 'iicTnll > i\i.roHN - < l.
LINCOLN , Dec. 18. ( Special. ) As soon
as the president's message had been read
this morning telegrams began to drop Into
thj governor's office , all of them bearlny
directly on the Venezuelan matter. The
World and Journal , New York , wnnteJ to
know the sentiment of Nebraska. The fol
lowing was received early :
WAYNR , Neb , Dec. 18.-S A. Holcomb'
Governor : Cn cy post. No. 5 , Grand Army
of the Hepubllc , hereby tenders you a full
company of volunteers to maintain Amer
ica's honor nnd her HfihN nt home or
abrond. MARK STRINGIER ,
Commander-elect.
Governor Holcomb dispatched the follow
ing :
The President , Washington , D. C. In
your firm htnnd In favor of the enforcement
of the principles of the Momoe doctilne
you have the earnest support of the people
of Nebraska. SILAS A. HOLCOMn ,
Governor.
The World , New York : Nebra kans most
ut anltnously approve President Cleveland's
firm stnnd for the rights of out nation In
the Venezuelan contioversy.
SILAS A. HOLCOMn
ThP Joiirml , New York : President'- ?
Vonemelin messare touelicx n patrlot'c
chord In every heart and receives the warm
craor-emcnt of all *
Th governor left fie executive office nt
noon today to take the trnln for Sidney , to
be present nt the exercises of the state Irri
gation convention tomorrow. Fish Comrilp
planer Lew May and Superintendent O'Brien
are now at Sldn'ylth the fish car. which
will be open for the inspection of delegates.
The ccmmlt'slon will hold a meeting In Lin
coln next Friday , probably In the ofllce
of Commissioner Klrkpatrlck.
The Merchants bank of Lincoln has made
application to be made a state depository
and has offered a bond for $30,000. The
matter hns teen pending for several days
and at present the bond has not been ap
proved. Although tfto Doard of Approval
of State Depository bonda Is net namvl nor
listed In the "clabcrate" Blue Book re
cently published by the State Journal , It con
sists of Governor Holcomb , Secretary of
State Piper and Attorney Gonsral Churchill.
The latter Is expected home from Washington
this evening. . It Is underHocd that both
the governor and secretary of state ore willing
to approve thebank's bond for $25,000 , but
hesitate , nt this Juncturer to do eo for the
amount of $50,000 ,
Mnjor Fechet this evening reviewed the
State University cadets.
Adjutant General Barry was absent today
In ottendnnc ? at the fune'al of ex-Congress
man McKelghan at Red Cloud.
DnnlHf of VI. .1. DiirUln.
GRAND ISLAND , Neb. , Dec. IS ( Special. )
Michael J , Durkln , grand recorder-elect 1C.
0. T. M. of Nebraska , and ex-deputy rcv\-
nuo collector unJer Hon John Pet rs , died
this morning of Inflammation cf the bowels
and a compilation aff.cting the heart. Mr.
Durkln leaves a wife and eevcn children ,
tl.o oldest b'lng 14 yearn and the youngest
only 2 days old. Mr , Durkln has for the la&t
twtlvo years been a clerk In L. N. Wai-
buck's store and was well Known and highly
respected. _
Murilcrrr Di-lnirj In tilt * AH > | IIIU.
FULLCRTON , Neb , . Dec. IS. ( Special , )
Andrew Debney , thorite murderer , was be
fore the county board of Insanity yeftcr.lay
and was pronounced Incane and committed
to the hospital for the Insane at Not folk.
Sheriff Snyder will talc ? him to the hovpltal
tomorrow. At the last term of the district
court Debney was tr'ed before- Jury of the
county and adjudged Insane. January 10 ,
1S9G , was the date fixed by the supreme
court for bis execution.
lUntrloiCtrl Hurl.
BEATRICE , Dec. IS. ( Spiclal. ) Miss NeJ.
He Street was thrown from a buggy tcdtiy
and quite seriously injured ,
Majcr General O. O. Howard lectured last
night In this city under the auspices of the
Beatrlc ? Literary club. He was listened to
by a splendid audience.
Mrx , JoluiNOii'H Hotly St-nt to IlllnolN.
BERTRAND. Neb , Dc. 18. ( Special Trie-
fi.uii. ) The remains of Mra , Ashcl Jol.nscn
of this city , who died Sunday , were today-
taken to Illinois for burial. The deceased
\\aa an old and respected resident and a
first cousin of President Lincoln.
SuiliU-ii lln | iiifiirunc ntVpNtou. .
WESTON , Nob. , De ? . 18 , ( Special. )
Jame McQuIre , for several years a drayman
at this place , left yesterday for parts un-
owu. He became estranged , from his wlf :
uome time ago and It Is thought domwtlc
troublei cauied him to leav * .
I
1RR1CATORS IN CONVENTION
Third Anuunl Session of the State Associa
tion at Sidney.
LARGE DELLGATIONS FROM ALL SECTIONS
Cnnilltloii of Airntrn In .Ni-lirnn
> < ! > Put nrnlilc In Promotion
of tinliitorrxtft of the
OrKiinlrntlon.
SIDNIJY , Neb. , Dec. 18. ( Special Tele
gram ) The third annual Nebraska stale Ir
rigation convention opened here today under
magnificent auspice ? , with nearly 1,000 dele
gates nnd visitors. The convention wns
called to order at 10 o'clock by Joseph Obsr- |
folder , president of the local executive comI I
mlttpc , who In n brief address , stated the
object of the gathering and the hope that
the questions which would be presented would
meet with a hearty co-operation , not only
locally , but of the entire country. Hcv.
Allan Kenworthy followed with an ln\oca-
tlon , after which Secretary Callahan read the
ulliclal call. The address of welcome by
Mayor 1'eaBo wns a nnsterplece of humor
and characteristic of a true western wel
come. President Fort then appointed n com
mittee on credentials consisting of five nism-
bent. On motion Major T S. Cbrk'on was
n < ado temporary chairman of the convention
and iron. John T. Mallalleu of Kearney ,
secretary. Chairman Clarkson dclhered n
"plendld address impressive of tils sincere
tlmnltR for the honor conferred upon him.
President Tort nnd Secretary Wolfenbargsr
nubmltted their rcsp ctl\e reports for the
past year's works and the same were re
ferred to a special committee , consisting of
Cll A. IJarncs , Matt DaiiRherty nnd F. C.
Condon. Tbo same motion pre\nlled rela-
tl\e to the icport of Hon. John S. Hoagland ,
chairman of the state legislative committee.
Aft'r the report of the committee on cre
dentials the chairman , en motion , appointed
a delegate from each county on tbe commit
tee on rttolut'ons. '
SHVCKAL PAPERS HEAD.
The afternoon 5esslon consstcd of the fol
lowing papeis. "Ths Influence of Irrlga Ion
on Nebraska , " O. W. Hervey , Omaha : "Sid
ney tnd the Lodge Polo Vnlley Under Ir-
ilgatlon , " Udwanl McL'rnon , Sidney ; "Irri
gation Legislation , " Captain AV. IJ. Akeis *
paptr ; "Hon Plants Tnke and Loss Water , "
Prof. Charles n. llessle , Lincoln ; "The Strug
gle nnd Triumph of Irr.gatlon In Nebraska , "
Matt Daugberty , OglalH.
Exulting session : "Irrigation ns a Pre-
vtntntlvp of Popular Peril , " Hon. A. O. Wclf-
enbarger ; address , Donald Campbell , state
engineer , Colorado ; address , Frank Ueeman ,
Kcirney ; nldreoa , L. H. Cnry , Sidney. The
evening session wa& Interspersed with music
by local talcn' ' .
Election of cfllcers and locating the next
con\entlon come tomorrow. Go\ernor Hol
comb will bo hero In tbe morning. Aery
lengthy nnd Interesting program has bsen
pnnlded for tomorrow. The Irrigation ciu's-
tton Is assuming Immense proportions nnd the
auditorium Is taxed to Us fullest capacity.
Omaha Is well represented In the baJy of
the house , and all delegates frcin that city
feel n deep Intelest In the work of the con-
\cntlon.
The e\hlblt In the fish car Is attracting .1
great deal of attention. This pftsrnoon nil
the schcol children , numbering 350 , cnlled In
a body upon speclnl Invitation of Commis
sioners ? Iay and Oberfclder. The convention
adjourned tonight by singing "America. "
REPORT OF THE SECRETARY.
The secretary's , report follows ;
"SIDNEY , Neb , Dec. 18. To the Third
\nnual Convention Nebraska State Irriga
tion Association : One year ago , by tlu
giaclous courtesy of the representatives ol
this association , the writer bscamp Invested
\ltb ths powers and duties of secretary. Tile
, , nly records accessible werstbe b3oks , papers
jtid documents containing Ihe report of the
jecond nnnual convention , nnd these have
been carefully preserved Tha history of
the first year of our organization , though
familiar to all our officers nml many mem
bers , has not been committed to my official
care.
"No regular printed report of the last con
vention has ever bean made , for the leason
that no funds whatever were at hand to de
fray the expenses. Many cills have been
made for copies of the ofllc'al ' reportt but
aside from condensed newspaper sketches ul
the convention , the demand has remained
iinsupol.ed. Such literature us has been fur
nished has been distributed at my o.-.n e > -
penso. Every letter of Inquiry has been
answeied during the year , nnd no week Inn
passed without correspondence. All expenses
for postage , telegrams , stationery , etc. , have
been paid by the secretary personally , c
cept only such stationery and pottage as has
been furnished by the convention romniltte *
In connection with preparations for tb's meet
Ing."Tho
"Tho treasurer , Hon. James Whlte'iead '
wrltM ins that ho has not received a cent
of funds dining his entlro term of office , nnd
It goes without EayhiK that the president
and secretary , as all officers of our associa
tion , herve without salary. If ths work
that has been performed during the past
year and during thcj past two years by your
president should seem to you to merit public
approval and support , It may not be out of
place here to suggest that the actual npceb-
sary printing and postage bills at Icatt
should bo ossuied and paid by this orginlza-
tlon.
SOME THINGS'ACCOMPLISHED.
"It would not bs strange , under existing
circumstances , If little had been accom
plished during the year s administration just
closed. But fidelity to history requites thai
a few things be set down to shaw ths effort
that has. been put forth. The president ,
Hon. I. A. Fort , has carried on an agitational
and educational campaign , extending over
every congressional d'strlct In this state , and
hai gone forth as n missionary for the causa
of Irrigation to Illinois , Indiana and other
states. Ho has Kept the public press alive
with Irrigation Information nnd Interviews
on the progress of the movement at home
and abroad. Every member nf our state
executive committee favored and worked for
the passage of the picssnt Nebraska Irriga
tion law , introduced and championed In the
legislature by Senator William R. Akers ,
now n member nf the State Board of In'ga
llon , The resolutions thut were adopted by
the Kearney convention relating to the pass-
ag3 of the district and general Irrigation
I.T.V have been answered by legislation In
accordance therewith. Under this new code
Of Irrigation law , pronounced by eminent
critics to be one of the most carefully
framed and practically adapted statutes of
recent years In Irrigation" development , the
face of our t > tate lias been changed In many
places as If by the bind ol a master
magician. Ilcfore one year has pisd since
the law went Into effect forty-flv countlw
have Irrigation works of some Kind under
operation , and before the tprlnp ; seed tlni'
has come again the record will most cer
tainly ehow the scientific application of water
to the Foil In morn than sixty of our eighty
counties of the state.
riQURES THAT TELL.
"Somewhere between SOO and 930 persons
have filed their claims to the public waters
of tbe state with the State Hoard of Irriga
tion and the ccmlnir year will show a large
Increase over Ibis numb'r. Over 900,000 *
acres of Nebraska productive soil have been
placed under ditch , reserve r or windmill Ir
rigation. The cost of the wcrks already constructed -
structed emounto to nearly $1,500.000 , and
the total cost when completed will be not
less than 12,600,000. The result has naturally
been a large Increase In the value of the
land brought under the beneficial opsratlonp
of the new system. Careful estimators now
place the Increase In land values already
apparent from 18,000,000 , to $10.000,000. if
one year of active work can rroJuce such pro
digious results , only the realm of the reck
less dreamer can undertake the unfoldment
> f tbe coming decade In Ihe advancement ( if
tts'entlfic agriculture In this nei\ empire A
the west.
"A delegation of e'cven , five cf whom were
appointed by the governor , represented Ne
braska In the fourth National Irrigation con
vention at Albuquerque , N. M. , last Sep
tember. The reiolutlons adopted by the sac-
end annual convention of our date asioc'a-
tlon relating to future legislation by congreei
relative to the supervision and control of
Interstate waters was urged by our delecn-
lion and adopted by tb congretv. The cw-
grets alto adopted t resolution asking aa &
proprhllon ot < Sf.O 000 fnr the" pitfpi " of pay I
tug the c-'St of n thorough ntid systematic '
Irrigation survey of th * arid nnd finl-arld I
areas of Ihe t'nltcd States , and. calling for
legislation providing for s ffl survey under I
the direction of RovcrnmtntaDcffurli. I
"Nebraski was hcnored by the prrsldcnt '
of HIP National Irrigation congress , who appointed - |
pointed jour secretary one cf | he five dele-
gat's to represent the cOngrHsfn the Trans- 1
mlsslsslppl Commercial conirre s at Omaha I
las' month , The last named organization I
adopted unanimously the rcfotutlons on Irri
gation presented by the NebrAKi , ; delegates
and Increased the recommendation to the
United States congress for Kit 'appropriation
to $500.000. "
AN EDUCATIONAL SOCIETY
"This organisation of ours has exerted a
tremendcus educational effect during the past
jonr In spite of all Its dllTlcultles. Greater
undertakings and far more Important dutlc ;
are before us for 1S9G The decisions of the
courts are not nt all discouraging and the
outlook Is constantly brightening.
"As jet there ore thousands who have little
or no Information on the subject of Irriga
tion nnd the objects for which our as ocln-
tlon was organised , the development of the
arid and semi-arid areas of Nebraska were
nsvcr so imp rtant and pressing as now
The secretary dc ° lres , personally , to thank
every ofllcer ot the association and every
Irrlgator with whom he has come In con
tact during the jcar , cither nt long or short
range , for their uniform courtesy and un-
fallliiK pillencc In come > Ing Information and
assistance rendered In what his been con
fessedly on jour humble pervnnt's part n we-k ,
but honest effort to serve Iho common cause
ot all. I'ratrrnally submitted ,
"A. G. WOLKEN13ARGUK , Secretary. "
rCMtl.\l : , OK AV. A. AI'ICIJHJIIAV
( iri'iit 'I'll ro tin' TtiriiN Out tii Iit > Ito-
Hiici'lH to Drai ! nv-ConirrrxMinim.
RED CLOUD , Dec. 18. ( Special Telegram )
All that was mortal of William A. Me-
Kelxhan was laid to rest In the cemetery
here toJiy. Public buildings , pflvnt * dwell
ing ! ? and business houses v\eic draped In hl >
honor. Flags were draped and at halt mast
and all bun ness houses closed. The Christian
church , the most svaclous In the city , would
not acccmmcdate one-third of the peopl * who
came , some of them Horn distances by prl
v te cnveyances , to pay their lant respects
to the dead px-congrcs"min T"io p-ocesshn
was I'd by the Song of VeUrnnH bnnd , fol-
lox. ed by a firlmj squaJ detallel by the
Grand Army of the Republic , next n laigp
number of vetern-i co.nrades anl iriembre
of the Modern WooJmsn. In carrlagas vcr' .
b sides the family , his b-other , Akxandei
XtcKc'ghan and wife of Yntca City , 111 , Isaac
Bio n and wife of Spring Illc , Kan. , Mrs
Ullzabelh Drown cf Pontlac , III. , brother and
Kstcr-ln-law of the departed , and Mra Mc-
KslRvan's mother , from Falrbury , Neb
There we'e also Mrs. W. V. All n , Hon. W
J. Dryan and AdJuta'H General Uarry Gov-
cinor Holcomb was unable to be pre nt , but
was represented by Stenographer Nelson
fem his office. The church "was tiRtefullj
and olnborntMy driped , and the fiorni deco
ratlcnw were In profusion end were the oile-
Ingj of many personal fiiendp.
Tne services were conducted by Rev. Mr.
Maxfteld of the Methodist EpUcopal and Rev-
Mr. YJseof the Baptist church of this
city. The principal address wns dcllve-ed by
Hon. W. J. Bryin. In njbjusd tones ha be
spoke his personal emotion as in bsaut'fjl
sente-ices he portrays ! th kindly natuie ot
his departed friend , and toyo'isdi the well of
sympathy In tha hea-ts cfhls , heare-s J (
tbe grave with the pimple ritual cf ' i
R Idlers' socle'y the body waa laid In . ! s
bst long resting ; p'ace. '
KOllRHU SKVIiRAIi MJM > CHUCK * . .
Ivi'iii'tifj VOIIIIK Mini \rrc tv I tar IJf-
frnuilliifi' Merc-hunt * .
KEARNEY , Nsb , Dec. ' 18 ( Special. )
Last evening n young man'giving ' h's mine
as Harry Wilson wont into'Chafe's ' clothing
store nnd made a purcharo , giving In pay
ment a check for $1 , signed J. , L. , Blown. Ho
then went Into the Jewelry .stof § ot S. A.
Peh and mad' purc'wscs amoVn ng to & ? SGO ,
giving n check foi the amount , sli-ned J.
Burns. Soon after ho got a toani from Rare
& Co 's livery stable and rtsrt d west. A little
later it v.as discovered that the cb cks were
forgeries Telegrams were Iminad ntely sent
'o Elm Creek and Overton to catch him , If
p.-islble. Th ; cnn'tablo nt Elm Cr tk stopp-d
him , but thinking he wns not the mm , let
him go. He WJE clujlit by tha agent .at
Overton , however , and detilned until otn-
rers arrived from htrs and brcuiht him back
The goodwfre found in M" lossesslon nn-1
he pleaded guilty to obtaining them under
also pretense' ' , b-it clalmn he had been
Jrlnlc in ; nnd wns not responslb'e for the
act Another ch ck signed WooJ Bros , wab
found in his pos.-esclan , fcut whether It Is
genuine 01 not Is no , known now. He l.is
been bound over on the charge of forgciy.
IH'lIfvmCliiiroli Coiuu'rt.
BELLSVUE , N b . Dec. 13. ( Special. )
Last even'ng , at the Presbyterian church , a
oorceit , under the direction of Prof. Joiifs ,
wa = glv n by a number of , pup'lo ' cf the
Omah.i Conservatory of MIIJJ'C , assisted by
Miss Myrtle Coon and Dr. Charles Uaotens.
The small but appreciative audltncj thor
oughly enjoyed the cntti talnment. Th : pro-
ccsds of the concert go to the college fund
for heating apparatus
The funeral of Evelyn Smith , daughter cf
William Smith o ? Omaha , took place here
Sunday.
Dr. nnd Mrs. E. E Wormersley , Omaha ,
. - . .orein town ths first of th week.
M. A. Lunn has rcturne'l from bis trip
to Colorado and the Dakol-rs.
Mr. and Mrs. J , D. Pattsrson nnd daughter
of Paplll'on spent Saturday with friends.
Mr. and Mrs. D. Hertrkr of Omaha spent
St'nday with II. A Long'dorf.
TCNtllll U > 111 HlllvKlllM ClINt * ClOHI'll.
BEATRICE , Dec. IS. ( Special Tel gram )
The taking of testimony In tbs Hawkins cnse
closed at 2 o'clock tcdjy , and bsfors ad
journment ntlotneys for the Btnto nnd the
defense addressed the Jury. Nothing now
was brought out In the examination. Thh
nornlng Hawkins wns placsd on the itand
ind cErtllel that he did not sign or have
anything to do with the Cummlng's bill ,
which purports to have his O. K. upon It , nnd
upon which this casa Is brought.
William Homy and Lewis , Zimmerman , the
two men clmigej with the murder of Post
master Graham at Bower , Jeffei son county ,
liav-o been grantid a change cf venue to
Guge county and were lodged In the county
Jail here this afteincon. H Is expected th ?
trial will take place during the rr. bent term.
Married at Vnlloy.
VALLEY , N < ? b. , ! ) ; < . IS. ( Special , ) Webb
Btownscii and Mlsi M'nnle.Stephnson ' , both
of tlila piacs , were mcrrlcd'at nSon today at
the horn ? of the brble's pSrtillV , Rev , Mr.
Yost officiating. Only relafhW ! bf the con
tracting parties were Invited. Mr. and Mrs.
Urovvncon left today for Clay Tolnt , S. D. ,
where they will remain until qf/br / ths holi
days with the groom's par'enM. '
This evening Captain ailm'ire gave an
oyster supper to the memb'ti'qf1 ' the Grand
Aimy of the Republic poet. ' tjicl ? wives nnd
sops. Abput fifty persons in'Joy'ed ' the cap
tain's hospitality. After the feast several
Jiours were devoted to telling yaVns nnd fight-
.iiB the battles of the 60s. / '
Wt'dilril nt ( 'rnnil ilrfliiml.
GRAND ISLAND , Neb. . 'Did. 18. ( Spe
cial. ) Mils liccsU Gahan , 'dat/ciiter of Dr.
and Mrs. Gahan cf this cffWvas married
to W. J. Ponnebakii of Cripple qreek , Colo. ,
this morning , the ceremony jtaktyg place nt
St. Stephen's EpUcopil church , Rev. A. G.
Plnkham of this city and Rev. Grimes of
Cripple Creek officiating. Mr , Penncliaku Is
a bookkeeper for ard a stockholder In a
mining company , and the young couple will
make their homo In Cripple- Creek
Vnli'itt'liir ( i. A. II. EiitrrtnlfiH.
VALENTINE , Neb. , Dec. 18 ( Special Tele-
Si-am. ) The Grand Army of the Republic
save a cupper and entertainment last night ,
the proc'eds of which will be used for char
ity among lie numbers , and amounts to $10 ,
A resolution was passed and wired Speaker
Reed requesting that General Groivenor cf
Ohio be placed on the military committee ,
City Knurl live Hrouiclit llnck.
FALLS CITY , Neb. , Dsc. 16.-(8psclal. ( )
Ehcrlff IVreui retwned from Denver yester
day with George Sears , who It U alleged stole
u ehotgun and revolver from Joseph Gelger
last spring and broke Into J. H. HarrU' store
and stole a lot of jewelry and gave It to
Urn. Rimer for dUpojul , Sears hit com-
ailtud s&vcral email crimes In toll city ,
EXTRAORDINARY INDUCEMENTS
Realizing that a great many people in this city desire to
be remembered to their friends during the holidays , but are
not in position to pay cash clown for such purchases , we have
decided to place our magnificent stock of up-to-date furniture
and house furnishings at their disposal , and make terms that
will be most convenient , Can you select from these ?
Piano Stools , Sideboards
Book Cases , Onyx Cabinets.
Music Cabinets , Shaving Stands ,
China Closets , Banquet Lamps ,
Parlor Tables , Dinner Sets ,
Chiffonieres , Lace Curtains ,
Specimen Cases , Japanese Rugs ,
Rocking Chairs , Rope Portieres ,
Easels and Screens. Pitchers and Vases
MAGNIFICENT DISPLAY ON FIRST FLOOR.
'You can select
any article and have
it set aside for you to
be delivered later.
Make your selections
early. We will arrange
terms to suit.
Popular Prices.
1211 and 1213 Farnain Street.
' 3 $ XW ? K 6 3 A V 2 yw % A & * $ v & &FV& ? > t & Kt * > iv vQ rI >
&
GERMS 1)0 ) NOT FIND FAVOR
State Dairymen Turn Dowji"B 41" as Need
less in Buttormaking.
SECOND DAY'S ' SESSION OF ASSOCIATION
Ti I'limuvr'x Ilt > | Mirt Turiictl O or
1111 Auilltliu : Coiiiiulttre ami
home Iiid-rcntliiK I' . < I > LTH niul
Ilearil.
LINCOLN , DC. IS ( Special. ) There was
an increased Dttemlarce this morning at the
second day's session of the Nebraska State
Dairymen's association at the University
chnpcl. The report of Treasurer Dassstt
\\as referred to an auditing committee , com
prising Messrs. Ituihton , Merrill and
Huckstajjle. The committee tt > nominate
odlcers tomorrow consists of J. T. M rrill ,
William Sulton and J S. Temple. II. P.
Mclntosn of Omaha read an Interesting
paper on "The Farmer Man's Dairy , " and
tha meeting devoted coiisldeiable time to the
discussion of "B 41. " This \\as the sub-
J ct of a paper by a centlsninn represent-
In a AVatcrloo , la. , butter company. "D
41" la the commercial name of a species of
germ cxtcnsl\jly cultivated. It Is chimed
that when properly used In ripening cream
It Improves the fla\or of butter. The senti
ment of those uho followed In a discussion
of Its merits , honevar , was to the effect that
they \\cro unable to get any bsttsr prices
for batter when using "H 41" than they did
when not u\ailing themselves of Ita al
leged benefits.
The exhibits of butter and cheese In
Giant Memorial hall this year far excel
thoco of nny former year. Tha quality Is
better , and the quintlty much greater.
The Jersey Cattle Hreeders1 association
was also in scsdon this afternoon. It oc
cupied room 1 of the University. William
M. Clark and I. N. Leonard , both of Lan-
OEter county , are Its secretary and presi
dent.
TO PUNISH A HOTBL FRAUD.
R. W. Johnson ot the Capital hotel Is
preparing to go up to Grand Island to ap
pear as a wltncs apalnst a man who WUB
recently arrested tlisro for beating a board
bill , tinder the name of Seaman , Ho was at
the Capital a few weeks elncf , and reg
istered as J. A. Do Lng. Ho represented
himself as a commercial traveler , who was
In Lincoln trying to collect a bill. He mad :
himself quite agreeable to the domestics at
the hotel , and It Is claimed he even ar
ranged a marriage with one of the hand
somest of them. One afternoon ho was
inlticd. This was about three : weeks ago ,
It was found that he owed the housa $18 and
hud left In his rocrn an empty box. At
Grand Island ho was Identified by a travelIng -
Ing man who was acquainted with the
Lincoln escapade. It Is understood that
Da Long has expressed a determination to
fight the care.
The case of the state against II. R ,
Nlssley and J' . R. Wells , late dry goods
meichants In Lincoln , has been set for
December SO , The case" will como up on
tha 21st , however , before Justice Spincer , on
a motion of tha defendants to have the al
legations In the complaint made moro
specific and definite.
Additional suits against the defunct firm
of H. R. Nleeley & Co. , are piling up In the
district court. M. R. Smith & Co. , ot
Omaha , who have a claim for fl,6GC 36 , and
J. V. Parwell & Co. , of Chicago , with a bill
of J1.5S2.C9 , began suit this morning. They
aver In their petitions that defendants have
die-posed of their property with Intent to
cheat and defraud creditors , and that they
are hindering and dslajlng them In the
csllectlon of their debts. The American
Kxchango bank was garnUheed , The real
estate records show that the two partners.
Nleslcy and U'ella , have lately transferred
qulto an amount of property.
WILL TUST THE I30ND ISSUE.
The city of Lincoln and the city council ,
through the city attorney , have fllfd In the
district court an answer to the suit brought
by John U. Wright and other citizen ? , to
restrain the mayor and council from Issuing
$200.000 viaduct bonds. The point Involved
In this suit turns upon what constitutes a
leKal carrying of city bonds at an election
cilled for tbe purpose of voting them. The
petitioners claim that under the law tbe
bonds were defeated at the polls.
Mrs. T. K. W. Sblmtr o ( Mt. Carroll ,
Ills. , recently mentioned ns a contributor of
$300,000 to the endowment Tumi of Chicago
university , is a guest of Mr. and Mrs. A. J.
Saw yer.
Omaha people In Lincoln : At th3 Llndell
W. U. RIddell , H. C. I'Iculell , George Wil
liams , Frank E. Hartcgan , J. B. Erlon ,
Vance Lane , H. F. Mclntosh. At the
Cap'tol A. W. Kinsman , C. W. Klch. W.
IJ. Check , Ab Waggoner , T. C. Qulnby. At
the Lincoln W. H. Hsner , Prank Inlne , F.
B. Gllmer , L. Klnchbreo. W. U. Allen , W.
N. DcKker , F. A. Fisher.
.lulled fur AHNiiullln * ; n Clillil.
FULLKRTON , Neb , Dec. 18. ( Special. )
Gus Welzoky , a farm hand , working for
William Johnson , had a preliminary hearing
yestetday on the charge of assaulting one of
Mr. Johnson't ) llttlo girls. He was bound
over to the district court , and In default of
ball was jailed. The criminal Is about 20
years of age and ft Russian. Wednesday
Johnson paid him off and Immediately left
homo on business. The fellow stayed around
the house a while and finally made an excuse
to go up stairs for Home article of clothing
he had forgotten. One of Johnson's girls , a
child of 0 years , was In one of tha bed
reams upstairs , where she was teen by the
biuto and was Immediately seized and thrown
upcn the bed. Her cries for her mother
brought her assistance before he could ac
complish his purpose The mother seized a
bed slat and drove the fellow clown stairs
and away from the premises. Sheriff Sny
der pursued tlis fellow Into Giceley county ,
arrested him , and borught him ( o tills city.
IIiiNlliiKH * Hleetrlu IMiuil for hnlc.
HASTINGS. Dec. 18 ( Special Telegram. )
A coupleof reprosentativea of the McCook
Electric Light company areIn the city mak
ing a careful examination of the local plant.
They took an Invoice of the pl'int today and
say they mean bu lntss. The Denver parties
have only got until next Monday to decide ,
and If they fall to ninlie a bargain It Is almost
a sure thing that the McCook partlcB will
purchase the plant.
Clillil Kntnll > Injured Wlillu .Slciitliiir.
RANDOLPH , Neb. , Dec. 18 ( Special Tele
gram. ) Last evening the 12-ycjr-old daugh
ter of Jacob Zercher , Ihlng eight miles west
of Randolph , died from Injuries rccehed from
a fall on the ice. The child iheil only three
hours after the Injury. The funeral will take
place tomorrow.
COMMON SENSE CURE.
PYRAMID 1'ii.n cuitn cuitus i'iiis
I'lWMAMJ.VI'I.V IIV
run o.tusu.
ItcllllirloilillHii > ily Whluli IN lll-nu- |
Coin furl ( u TliouNiinilM of
Probably half the people who see tills artl-
clo suffer from piles. It Is one of the com
monest dlseaiws and one of the most obsti
nate , People have It for years and Jurt be
cause It Is not immediately fatal they neglect
It. Carelessness causes no end of suffering.
Carelessness nbout BO elmplo a thing as piles
hay often caused death , Hemorrhages uo-
cur from no apparent cause and loss of blood
cauufs death , Hemorraghej occur during
surgical treatment , often causing death.
Piles are simple In the blglnulng and easily
cured. They can bo cured even In the wotst
Biases , without pain or loss of blood , quickly ,
surely and completely. There la only ono
remedy that will do It Pyramid Pile Cure.
It alays the Inflammation Imemdlately ,
hi'-ils the Irritated surface and with ( O'ltlnued
treatment reduces the swelling ana { juts the
nifmbranes Into good , sound , healthy condi
tion. The cure Is thorough and permanent.
Here are aoine voluntary and unsolicited
testimonials wo Imu lately ittolved :
Mrs. M. C , Hlnkly , C01 Mississippi ttitci ,
Indianapolis , Ind. , Bays ; Have been a uuf-
ftrer from the pain and annoyance of piles
for flften years ; the Pyramid Pile Cure and
Pyramid Pills gave me Immediate' relief and
In a short timea complete cure.
Major Dean of Columbus. Ohio , sayp ; I
wish to add to the number of certificate ? ante
to the benefits derived from the Pyrnnid
1'lle Cure. I tufferd from piles for forty
years and from Itching piles for twenty years
and two boxes of the Pyramid Pile Cure las
effectually cured me.
Most druggtcts sell Pyramid Pile Cure or
will Ett It for you If you ask them to , It It
one dolar per package and IB put up only b )
tbo Pyramid Drug Co. , Albion , Mich.
AMUSIJMUM'S.
I'O Three Nights
I V SAT. AJAT.
; DrG. 20
Jncoh LIH'H mngninrcnt rioduc'tlcn ' of the creat
es ! dramatic BUCCPHS of Iho year ,
Hi C. T. Dizoy. nuthor of "In Old Kentucky. "
The most pcifeet , j > lcturofiue | nnd tluborjts
° f " " A"ltll < an ' ' ' "y C4er Klven In
tills TOiml
The eents nrc now on sale nt the following
prices : rirnt lloor , COo. 7Sc iimt $100 ; biltonv.
COe nnd Tic , gnlleij , S3c.
CIIIUSTMAS
Hoturn of ull-siirinfcBlnR ilnimatlo trlumiih of
the ientm >
IN OLD KENTUCKY.
The nrlRln.il ilinma of southern life ; thi orljjlnnl
Iiltknnlmo lirnHH Imnd. il.aiend by many linl-
tntorK , approiichnl In no fe.itme lij an > . Monday ,
Tuewla ) , VV'cilncBln > .
( iltA.MJ FHSTIVAI. .MATIXKH XMAS.
pl SEASON
OPERA ,
Tim HVI.H OF S TICKUTS
Tor the entnK < nicnl of the
DAMROSCH OPERA CO
'lliursdny , Frldny nnd Saturday , Drc. 20 , 27 , 23 ,
ID now prc fjruisinjf ut
ADOM'II MUYISU'H MUSIC STOHU ,
Fifteenth nnd Tarnum utreeti.
REPERTORY :
Orders by Mini
Thursday containing1 Draft
' lAXb
1'ildny of Money Order
/ / ; 'A will receive At
batuidnv Milt. tention promptly.
Bale cf Mingle llckets OJIUIH December 3.
THE GHEiull 1 ONJl'uxK.M XHnrecsa ,
MITIH.
Tlireo Nights , Cotnmuncliix
TONIGHT at 8.15
Tim Popular Commllaii
| Clay Clement |
In IllH ChurnilriK I'Jay ,
tj _
i p B
. .NEW DOMINION. .
i : NATimiJAY.
PRIcnS Lower llojr , Me , no , 1 00 ; Imlcony.
3De , Ode ; Knlltry , Me.
Mntlncu I'llcix I/mrr floor , Mo ; balcony , 2Sc.
Coming , DictlTitior 2J-2J
o.TIII : .iiississirri.
December Specials . . .
OU8TOMTnS-Twcho : pjtlcnin to uelcct from .
prlcin t''CU , f 4 DO , 500 , C7.CO , C100U uud
Chns. Shiverick & Co. >
Furnlturo and DrapcrlcH 12tU aud Doujlar