Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 24, 1896, Page 3, Image 3
m COUNCIL BLUFFS DEPARTMENT t ft II ! / It In ailNUH MKNTION. Lily camp Aid society will meet Friday afternoon at the residence ut Mrs , H. Can ning , 2111 Sixth avenue. On and after February 1 the Council Bluffs offlco of The llco will be located at No. 1C North Main street. Jojslo May Fcrron , the 9-ycar-old daughter bur.'cd In Garner ter of Joseph Fcrron , wan ner ctmrtcry yesterday afternoon. The Grand hotel , Council Bluffs. High dais In every renpect. Ilnte * . $2.50 per day and upward. E. F. Clark , prcprlctor. Bluff Cllv lodge No. 71 , Ancient Free nnd Accepted Masons , will meet In special Res- lion this evening to confer the first degree ; f30 ; sharp. The Holden Comedy company , which mode Bueh a hit here a short time ago , will return next week for another full week's pngagc- mpnt. It will open on Sunday night with one of the Rtrongnxt. comedies. The "Rajah" this r-vonlng nt the New Do- hany theater will bo an Interesting theatrical pvent. The seata went on sale yesterday , anil thpro was n goodly number of Council Bluffs people who went early to get choice posi tions. Jacob Kinsman died nt St. Bernard's hos pital yesterday morning , alter a short 111 * ness. Ho was 40 years old. The body will be taken to Jefferson , la. , for burial. FuniTftl services will be held at McDer- mCitt's undertaking rooms. The reception to men In the Young Men's Christian association rooms tonight by com pany lied promises to be a great affair. Captlan Allen has n strong company , and It Is doing some good work. A cordial In vitation Is given to all men to attend. Re freshments will bo served free. Vermin Otto , the 11-months-old child of Albert II. Otto , died yesterday afternoon ot diphtheria. The funeral will take place from the residence of the parents , 2200 Second end avenue , nt 10 o'clock this morning. The 1'ttlo one will be burled In Walnut Hill cemetery. The child was a twin , and just out ? month ago the other died of the same William Anthony , Thomas Itafe and Charles nnd Thomas Anthony pleaded guilty to the charge of stealing two wagon loads of hay from the farm of N. I' . Dodge , and nt the morning session of the police court yesterday were lined $9.60 , besides being compelled to return the hay. They took the Jiay from Dodge's farm near the Woodbury nchool. * TJie old soldiers are to bo honored by a special service nt the Christian tnbernacle Sunday evening. The Grand Army and Vet eran Legion will be present nnd Hev. Mr. Abberlcy , the pastor , will deliver n patriotic address on "What We Owe to the Old Sol diers. " The church will be decorated with Hags nnd patriotic songs cung. An enjoyable tlmo Is promised to nil friends of the vet erans. " The supreme court has reversed the deci sion of Judge Deemcr In the case wherein Frank Hunter failed to get a verdict for $5,000 damages against the French League Gold cure. In his opinion Judge Dcemer declared that the company's promoters had ilefrauded Hunter , but that he was debarred from recovery for the reason that he had ncnuSerced In the fraud. Hunter nt the tlmo was an attorney of this city , but Is now lo- tatcd In Ottumwn , la. The Incoming Kansas City train list night wns delayed In the yardn by the derailment of three of Its coaches. While running through the yards , near Sixteenth avenue , the smoking car and two day coaches climbed the rail nt n switch and ran on the ties. The couplings held , or they would have gone Into the ditch. The heavy Pullman at the rear nnd the engine nnd baggage cars In tlie > front held the coaches from going over. The passengers were Eomewhat startled , but none Were Injured. The platforms and steps ot Boms of the coaches were considerably broken up , but no other damage was done. $70,000 to loan at 7 per cent on farm or city property. L. W. Tulleys , 102 Pearl street , Council Bluffs. Wanted , good farm loans In western Iowa at lowest rates. Money loaned for local In- vca'.ors on beet of security netting C per cent. Flro Insurance written In reliable companies. LougeoTowlc. . 235 Pearl street. PKUSONAI , 1'AHAOUAIMIS. Mies Carroll and Miss Maggie Fltzpatrlck of , Omaha have Just returned after a delight ful visit with friends In this city. Harry Inman got the contract yesterday of closing out the big dry goods stock of Elseman & Co. at Missouri Valley. Rrc-n < Sale nt Picture Frninvx. They must go. Not a frame or picture re served. Beautify your homo now. All gent nt Just half the regular price. II. L. Smith & Co. Wo offer you only clean , crisp , snow white laundry soap nnd best delivery service at Eagle laundry , 724 Broadway , Telephone 167. THIS KISIinilMAN OUT OP M'CIC. Jury I'Mud * John CoyloCliillty of Un lawful KlNliliiK In Inkc MnniMvii' . It required three coiutables and two days to get a Jury capable ot realizing that It was not absolutely essential for a man to plead guilty and produce his fish and seines before lie could be convicted of the viola tion of the Iowa law for the protection ot fish. In Justice Walker's court yesterday a Jury composed ot Dan Farlow. Earnest Stephan - phan , A. E. Avcry , H. J. Vaughn , Ed Orolt and John Sklnklo , heard the evidence against John Coyle. one of the Manawa fish ermen who have been robbing the lake. Tlio Btato dlil not make as strong a case against Coyle ns against Borne of the other defend ants who were discharged or acquitted , but the Jury put what It esteemed to be the proper value upon the fish stories told by the witnesses on both sides , and found Coylo guilty as charged. The case occupied all afternoon , and was fought vigorously on both sides. The Jury retired , and after half an hour's deliberation returned Its verdict. The defendant's attor ney wns not prese.it when the Jury re turned and announced that a verdict had been arrived nt , but the court received the finding nnd extended the courtesy to the attorney and his client of not pronouncing sentence until this morning. The maximum fine under the law Is $100 and costs. The costs In Iho case will bo about $100 , and If , as It U freely predicted , Justice Walker as sesses the full amount , the defendant will liave to pay for some > of the fish he has been catching. Etephan Bros , for plumbing and heating ; also flnq line of gag fixtures. HAVO you seen the new gas heating atnrt : t the company'a oHlceT MAY INDICT AI.TMANNSl'HHGISIt. Griliiil Jury CiillH .Many WllnrxxcH In tinCONr. . The sheriff and his deputies were engaged pearly all day yesterday subpoenaing and bringing In witnesses lo testify before the grand Jury In the Altmannsperger case. There are no new developments beyond the mere conjectures as to the amounts that the general manager's rascality would eventually - , ally reach , Henry Welso , ono of the mem bers of the lumber firm and Altmannsper- ger's bondsman to the school district , was In town during the day. He could not tell yet , he said , what the total losses would amount to , but ho feared It would reach n larger figure than at first supposed. Alt- inamiBperficr la still In Avoca , The grand jury made a second report yes terday , returning nine Indictments. Seven of the parties are already In custody and the clgl.th one , N , L. Jensen , was arrested on n bench warrant last night and lodged In jail. Jensen was InJIctedl for obtaining money under faleo pretenses. He Is the fel low who bought some diseased hogs In South Omaha and sold them to Boarding House keeper Kirk at Inland park. There are three Indictments against J , H , Williams for robbing the Chicago house and a car In the Kock Island yards. Two Indictments are returned against Charles Lawson , Harrison fllllman and John I'erker for burglarizing the premises of Messrs. Abel and Owens. John Williams Is Indicted for burglariz ing the house of Mrs. Mulquern. Davis , only drug irtore with registered clerk , Dr. Cleaver's offlc moved 10 600 Broadway. TO UTILIZE INDIAN CREEK Iowa Construction Company May Have it as a Ri ht of Way , ORDINANCE BEFORE THE CITY COUNCIL Arllnn Deferred I.'iitll the HoKiilat In I'olirmirj Full Tcvt of tinI'ronoxvil Mcainrf. At n special meeting of the- city council last night the ordinance granting tc the Iowa Construction company the use of Indian creek for the right of waj for a railroad through the city wns con sidered at length In the meeting of the com mittee of the whole and then referred tc the council and action deferred until the regular meeting of the council In February The ordinance an Introduced by John W , Paul , representing the Iowa Construction company , had brcn tnkcn by City Sollcltoi Hazlcton and rewritten with provisions em bodied fnr the better protection of the clty't Interests along thn right of way of the pro posed Improvement. In the comniltteo ot the whole the substitute * ordinance was con sidered section by section and agreed upon and the newspapers requested to publish ll for the- benefit of the property owners whc may be affected by the construction of tht proposed Improvement. The amended ordi nance ns agreed upon by the comniltteo Is as follows : "Be It ordained by the city council ot the city of Council Bluffs : "Section 1. That In consideration of the performance of and strict compliance with the conditions and ugrc-emcnts hereinafter speci fied , the rlglit of way for a single or double track railway , with necessary switches and sidetracks , over and along Indian creek , from Eleventh street east to the. cast limit of said city , nt or near a point where said cast Hue Intersects Broadway , together with the rlghl and authority to cross said Broadway at or near said point of termination , be nnd the same bore-by Is given and granted unto the lown Construction company. Its suc cessors and assigns , a corporation organized under the laws of the said state of Iowa. SOMG SLIOHT RESTRICTIONS. "Sec. 2. In consideration of the rights and privileges hereby granted to slid company , said company , for Itself , Its successors anil assign ? , covenants and agrees as foliows , to- "First That said company , Its successors or assigns , prior to the laying down of any track along saldi right ot way , will construe ! nnd thereafter shall forever maintain In good repair along said right of way , or such parl thereof as said company may use , a sewer ol sultnbla material and of sufficient size and strength , ample for any emergency , to carry any nnd all storm nnd house sewerage whlcli Is now or may horcnft'er run or bo turned Into said creek or sewer , duplicate plans nnd specifications therefor to be by said company siibmltteJ to the city council anil the engineer of sal * city for their examina tion md approval. All changes or addi tions thereto to be subject to llko approval and all work on and material going Intc said work to be subject to the approval ol said city engineer. "Second That from the date of the com mencing of the work by said company on said right of way said company will keep and maintain In good repair as the council ol said city shall direct all bridges then over said creek at any street crossing on said right of way , and when said sewer shall be built or whenever said company shall desire and said council shall consent said bridges shall bo removed by said company and the material therein deposited whore said coun cil shall direct. "Third That wherever said right of way shall cross any public street said company shall keep and maintain said crossings In good condition and repair for public travel at the grade of such street as now or as here after established by said city. MUST COST THE CITY NOTHING. "Fourth That said company , its succes sors and aswlgns , shall protect and hold harm less the city of Council Bluffa from any and all damages which may bo recovered In any suit nt law by any owner or occupant of real property adjacent to or abutting on sard right of way , and against any other damages which may be recovered against said city In consequence ot the passage of this ordi nance and the granting or use of the privi leges therein named , and said liability to said city of Council Bluffs shall be the same In all respects and to the same extent as the said city of Council Bluffs shall or may become liable to any third party on account thereof. "Fifth That raid company will flle the plans and specifications herein provided for and commence the work of the constructor of said sewer , on or before the ls > t day o ] March , 1S97 , and the work when so com menced slinll bo continuously and vigorously prosecuted until the sumo shall be com pleted , which In any event shall not be longer than three years from date of com mencement. "Sixth That said track when laid shall bo us d for and In connection with a con tinuous line of railway through the state , and not for switching purposes only nor for tlio storage or loading and unloading ol merchandise and cars. "Seventh That said company , Its succes sors and assigns , shall at all times bo sub ject to the police and legislative powers ol the city of Council Bluffs , as now expresssd or aa may hereafter be expressed , by proper ordinance , provided that no discrimination Is made between this and other railway com panies. "Eighth That the city reserves the right at any tlmo to grant similar r'glits and privileges to other railroads or companies , and wMn such grant Is- made then such rail roads or companies shall have the right to use the tracks cf said Iowa Construction company , Its successors or assigns , along sa'd right of way , upon adequate compen sation beJng made therefor , and upon reason able terms , to be agreed upon by the owners of said roads ; and In case of a disagreement , then the matters In difference elfall bo de termined by three arbitrators , one to bo chosen by each of said owners and the third by the city council , upon application thereto by cither of the parties Interested In such determination. FURTHER PROTECTION DESIRED. "Ninth That the franchise , rights and privileges granted by this ordinance ehall not bo assigned , transferred or used by any Individual , company or corporation , with out such Individual , company or corpora tion first fliitK with , the city clerk nctlco of such transfers or assignment , fully setting out any and nil parties Interested therein nnd their residence. "Tenth That said company shall comply with the provisions of section 4CI of the Code of lawn , as amended. In reference to right of way , "Sec. 3. That upon failure of the raid [ owa Construction company , Its snccsfjors ) r assigns , to fully keep , comply with , and perform all of tho. covenants and agreements if this ordinance , the city council may , after thirty days' written notice to said company , leclaro tills ordinance null and void , and all rights , material and work done thereunder 'orfC'IKxl without rejcrt' to Judicial proceed- ngs. Sfc. 4. This ordinance Ehill be In full lorce and effect from and after Its pa&ugo ind publication ; provided , the said com- > any ( shall file with the city clerk Its wrll- en acceptance- this ordinance and each of ts terms and conditions , within thirty days rein such passage , whlcli said acceptance Is i condition precedent to the right/ and prlvt- e-ges herein granted. " MAYOR WAS ABSENT. . Mayor Cleaver was absent and Alderman Irewlck presided at the session. A communication was presented from the nayor , returning without his approval the evolution adopted by the council requiring deposit from all corporations or persons eeklng the passage of ordinances or fran- lilscg in which the general public would not hare In the benefits. The mayor based hl > eto on the ground that the- revolution did ot provide for the return of the deposit In aue of a failure of the council to pass the reposed ordinances , and for the further res- on that the amount was too larco and might result In working a hardship upon some applicants for special privileges. He recommended that applicants for such ordi nances should apply to the city clerk and deposit with him an amount necessary to pay the cost of publication of the ordinances , the amount to be returned In case the council failed to pass the ordinance. The mayor's communication wns placed on flle. The special committee on electric lighting reported the purchase of n voltmeter for the purpose of testing the arc lights of the city. By resolution the sum of { 5,000 was or dered transferred from the police fund to the general fund for the purpose of paying war rants now outstanding , OH. .MACHAK'S MAS1OIIDUM ? ! ) Flre I ) < < NiollR One of ( ho Ilninl oiiien KeKlclenee * In the City. For the third tlmo slnco It wns crcctci the beautiful residence of Dr. Donald Macrae on Fifth avenue and Eighth street was damaged by lire. On previous occasions bu slight damage was done , but the fire ycstcr day morning wan a serious one , and prac tically ruined the Interior of the handsome home. The house has been occupied since November 1 by Mr. nnd Mrs. J. D. Edmund son , Dr. Macrae nnd lamlly making thcli homo In the Grand hotel. Just before o'clock yesterday morning one o the servants was aroused by smoke am discovered that the rear part of the house was on fire. The flames seemed to be com ing up from the basement , and were roar ing up through the partitions llko a furnace The family was quickly aroused , an nlnrm turned In and the neighbors called upon to save the contents. The greater part ot the furniture belonged to Dr. Macrae , but Mr nnd Mrs. Edmundson had It stocked will valuable brlc-a-brac and works of art col lected whllo on their recent tour of a year's duration through Europe. Nearly all of this was saved , and much of the furniture wns gotten out before the fire and smoke dam aged It. When the department , arrived the building was afire from thu basement to the garret. The exterior walls are built o pressed brick , lathed and plastered on pine studding. Up through these spaces the flames were drawn as through so marry chimneys. Good work was done , but the fire was not extinguished until the roof was burned off nnd the Interior badly damaged Dr. Macrae has the building amply pro tected by Insurance. A risk of $0.000 hai been written In the New Hampshire Flre Insurance company and $2,000 In the London Liverpool nnd Globe. There was also n policy of $2,000 on the furniture. The build Ing cost about $10.000 , and the furniture was valued nt $3,500 , Mr. and Mrs. Ed- mundson's loss will reach about $500 , upon which there was no Insurance. It conslstei entirely of damage to valuable art pieces and bric-a-brac. The orlg'n of the flre has been traced to the kitchen. A pile of kindling had beet left too near the range and caught flre either by the stove becoming overheated during the night or from sparks snapping from the range. The kindling wood was lylnt next to a wainscoted wall. The flro burnet through ths ! wall and spread upward am downward. Mrs. Kdmundcon was away from home nt the time , visiting in Shena'ndcah. She re turned at noon yesterday , and was naturallj almost heartbroken at the sight of the ruin wrought among her valuable laces and cher ished keepsakes , which she had collectee abroad. All of her dresses were saved , but the loss upon other things cannot yet be fully estimated , but It Is thought will grcatlj exceed the amount mentioned above. FAVORING OMAHA'S KXI'OSITIOX Ilnniiiict nt the Grand Where the I3n- torprlNe AVilN DlNOiiNMiMl. The magnificent banquet at the Grand ho tel under the auspices of the Merchants and Manufacturers' association has awakened a deep and general Interest In the Trans- mtsslsslppl exposition enterprise. Every where , among all classes of people , only fa vorable comment was heard yesterday. All the Influence that -Council Bluffs can exert may be counted upon to Induce the legisla ture to recognize the iKheme and make the necessary appropriation. The only appropria tion to bo astked for Is a sum sufficient ti ered a suitable building In which the Iowa exhibit can be made. Not a dollar will be asked to help the work In any other way. H Is felt to be a sure thing that If the Iowa legislature takes the proper steps toward recognizing- the exposition , all other states will follow and Its success will bo assured. President Odell selected the committee ol eleven authorized by the Grand hotel meet ing. These men are to act In conjunction with the same number of men appointed by the Commercial club of Omaha , and the whole number of twenty-two will consti tute the executive committee , which will have the management of the big exposition when It Is held. President Odell , In notifying the gentle men oolccted , sent to each the following bUE'.ness-Uke letter : "Dear Sir : At a meeting of the Merchants and Manufacturers' association held In the Grand hotel on the 22d Inst. , a resolution waa adopted instructing mo to select comniltteo of eleven members to co operate with a similar committee appointed In Omaha to arrange and carry forward the project of a Tranamlsslsslppl exposi tion to bo held In Omaha In 1S98. The resolution was suggested by members ot the Omaha committee who were present at the meeting , and who assured our association thai such a committee wao desired by them. I was given twenty-four hours In which to make up this committee and report It to the association. I have made the selection from members whom I think be = t qualified to perform the various duties that will from tlmo to time devolve upon them , and In the list you will find your name. " A. S. Hazelton. Thomas Bowman , George F. Wright , J. J. Stendman , W. II. M. Pusoy. M. F. Rohrer , W. W. Loomls , T. C. D-iwson , William Moore , E. W. Hart and Victor E. Bender. AM. AIIOUT A BOG COM3 CASE. Hon. I.neliiH AVellH InroUt-H the I.niv to Hoc-over a Valuable Canine. Hon. Lucius ) Wells caused the arrest yes terday morning of Miss Kate Farr , a well known young woman living on Avenue G Just oft of Oakland avenue , for the theft of a valuabU St. Bernard dog. On the day pre vious Miss Farr and her mother attempted to remove their household goods lo Omaha nnd had tome trouble with creditors , An attachment was Issued and their goods seized. While Mrs , Farr remained behind to untie this trouble , Miss Farr left for the new homo across the river. She was ac companied by a young man named Don Oberman. Miss Fnrr's home here waa near that of Mr. Wells , and the splendid dog be longing to the latter was greatly admired and a frequent visitor at the home of the Parrs , When Miss Farr boarded thu motor tor Omaha the dog was following , and she claims that before getting on the car she tried to drive the animal back. She would liuvo succeeded , she says , If her companion had not Invited the dog to take a rldo. When they arrived on the other side of the river Oberman took charge of the dog and left Miss Farr to look out for herself. At least this Is what elio claimed when ar raigned In Justice Vlen's court yesterday morning upon an Information charging her with grand larceny. A similar Information t\as sworn out against Oberman , and ho > \as arrested In Omaha. Mr. Wells values hU dog highly. He paid (75 ( for him when the animal waa cnlv n lew months old , and , owing to the assocl- itlrns and attachments formed for tlio anl- inal by members of hla family , he sayu ho .sould not take $1,000 for him. At C o'clock last evening the dog had not : > ten recovered , but had been located In Dmnlia. A wairant was also Issued for the irrest of Miss Farr's young brother , but It ivag proven that ho had nothing to do with .he case and the charge was withdrawn. Miss Furr was In the little back room of ho Justice's offlco nearly all day In confer ence with the ofllcira Her bond was fixed it $200. Mr. Wells announces his detcr- nlnntlon to vigorously prosecute Oberman , > ven If he concludes to condone tbo offense- ) f the young woman. Hot lied Minn. Wo have 1,000 bet bed tush which wo are solng to close out. They won't last long. How many do you want ! We will make you i price that cannot , be duplicated. C. B. i'alnt. Oil and Glass company. Masonic tem- ile , Council Bluffi. REVIEWING ITS EVIDENCE m i Ml h Prosecution in tlio Dickorson Odso Puts 5n a Day on Weak SjjoW RECALLS SEVERAL OF ITS WITNESSES Kxiicrt Martin. I'roMlilcnt YMni-r unit .Inline Siullli oil ( lie Slnml IJe- fetinc CctN 111 Iiltltc TeitUinony. The state did not complete Its presenta tion of evidence In the Dlckorson cnse on Wednesday as was expected. Some bolsterIng - Ing up was thought advisable and ycstcrdny morning a number of the witnesses who had already testified at the trial were recalled. W. S. Martin , the expert accountant , wns recalled and testified that the amount of the overdrafts and overdue paper of the bank's directors In May , 1891 , was ? 123,000. Hccelver , Stelnke was recalled and again went over the notes and property of the bank and placed his estimate upon their values. Ho also testified as to the amount of cash found In the bank when ho took charge of the Institution as Us receiver. "I'leaso read these amounts again , " said Mr. Organ , and Mr. Stelnke went over the list of dollars , halt dollars , bills of various denominations , so many quarters and "dimes , $133.35. " "Those arc the correct figures , arc they ? " asked Mr. Organ. "They are ; jcs. sir , " replied Mr. Stelnke. "You counted the money yourself ? " "Yes , sir. " "Then will you please tell me. " said Mr. Organ , "how > ou managed to count $133.35 In dimes ? " Everbody laughed and Mr. Stelnke was completely nonplussed for n moment. He explained that the $133.35 must have been some other denomination , and ho was allowed to go nt that. Dookkcepcr I'ellett was recalled to Identify the paper In a number of cases Instituted by Hecelver Stelnke In the Fre mont county courts against Isaac and E. J. Dlckerson. YETZER'S TESTIMONY KEV1EWEU. . J. C. Yetzer was recalled and testified tint three notes for $5,000 , $5.0UI ) and $6,000 , signed by the Atlantic Mill and Elevator company , were signed by him , and that ho wns , In fact , the mill and elevator company. Regarding the W. P. Christie notes , witness said he guaranteed the payment of the notes and received credit. Besides the property deeded to the bank witness had stock of goods of J. C. Yetzer & Co. , of whom thu "Co. " was Christie. Christie agreed to pay for his Interest , but never did. At the afternoon session Mr. Yetzer testi fied that the bank was required to run the mill and keep It In repalrs > He denied that he owed W. V. Christie anything and ex plained why he had turnc'd a ilote over to Christie , after the failure of the bank , be cause ho had another deal with Christie , a kind of partnership affair dt Lewis , and tha amount represented by the note vas Christie's share of the business. P. M. Nlcho'.s , an Atlantic banker , was put on the stand by the state. He qualified , by his testimony , ns an expert on 'the value of notes and accounts against1 most of the men who owed the Cas3 County bank. He testi fied that there was no market .value to the obligations of Isaac Dlckersfou , J. C. Yetzsr , tl.o firm of I. and E. Jr. Dickerson. He went through the lUt of note's 'held by the Cass County bank and declared most of them valueless. c On cross-examination Mr. Nichols admitted that some of the notes upon which he had passid Judgment were dife frijni business firms In Atlantic and othir towns of Cass county. Ho did not kno > v how'much hupP- ness these firms had betfn doing ; 'did 'not know Whether , their propefty was encumbered or not , and did not know the extent of their business. PUT THE JUDGE ON THB'STAND , Walter I. Smith was the next witness called , and the Judga on the bench answered the summons. He took the accustomed oath , which was administered by the clerk of the court , and then proceeded to answer the questions' the' ' attorneys , ruled upon the admission' pvldence and decided whether his answers were responsive. Judge Smith testified concerning the action taken by him when the application was made for a receiver for the Cass County bank on December 27 , 1893. The witness then told the jury and the court that ho was called to Atlantic on the evening of December 27 , 1893 , and went to an ofllce over the bank , where ho met Julian Phelps , one of the Temple boys and J. C. Yetzer , A. W. Dlckerson and Isaac Dlckerson. A paper was presented to him , being the form of an application for the appointment of a receiver for the bank. The inamo of the plaintiff was omitted from the application , and It was suggested by some ono that A. W. Dlckerson should sign the application. Judge Smith decided that as the notice of the application must be served on the president and cashier of the bank that some ono else should appear as plaintiff. * Then the name of Isaac Dlckerson was suggested as plaintiff , and his name was signed. There was tome talk about the amount of the assets and the amount of the bond that the receiver should give. Isaac Dlckerson had nothing to say about the pro ceedings. and did not say what the assets or liabilities of the bank were. Witness Smith Identified the application for the ap pointment of a receiver and was excused without cross-examination , and resumed his duties us judge without a witness attach ment. At 3 o'clock Mr. Druce announced that the state had nothing further to offer. The de fense asked permission to present ono wit ness , and then desired an adjournment until this morning. Major S. P. Ayres , ono of the owners oC the Atlantic Telegraph , was called to the stand and Identified copies of the At lantic Telegraph for December 28 and 29 , 1893. He testified that the papers belonged Lo the files of the ofilce. Ho was not con nected with the paper at the time of the lank failure. After Bomo italk about objections that urculd bo argued to the admission of certain exhibits offered by the state , court adjourned until this morning. The defense expects to present Its evidence In about four trial lays. _ couii'ii coNriUMKD THIS IiiilKtfirciii IlfiiilfrxHIM III < Iu > Colt * KHfiiU > ConlfNl. The decree of Judge Green 1H the contest Jver the estate of II , S , 'jCalcjf"was received rcsterday and entered on ( ) records of the llstrlct court for this couuty/ti" II. S. Cole died In Uilssqlty ( leaving an estate valued at $ GO,000,9ijmjj : > hls brother , I. W. Cole , was appointed adininj/jtrntor. / The Sixth report of the administrator was filed ind waa contested by J , C.iCplo , a son , and W. II. Itldpath , a son-ln.Javr } ; of the de based. The- matter of tho-contcst was re ferred to IJ. W. Illnht ai'lrcMrofr. His re port was In favor of the < l8 > loptlon of the idmlnlEtrator's report. A | ( notion was then nado to have the referee'p , report set aside ind the administrator renibWd ! That phase ) f the ease up for hearing , ueforo Judge 3reen In this city In Novcmusr. His de- : lslon was made at Clarinflaoand was filed -vlth the clerk of the court 'In-this county yesterday. j'/ ' in Judge Green's decree overrulds the motion 'or the removal of administrator , con- Irmt' his report and that of'the refcreo and illows the administrator a fee of $2,000 for its services. I.ICfllNfll (0 Wflli Marriage llcenroa have been Issued by the : lerk of the courts us follows : > fame nnd Address. Age , Ubert Wilson , Denver , , . . ' . , . , 29 ) avana Unty , Lincoln 29 leorgo n. Flair , Omaha , 23 .Inud . Urayton , Council muffs lit yilllam F. Martin , Council Hluffir , . . 22 larlott J. Bhepanl , Council Uluffs 21 .Vnlter . Clliunnan , I'ottuwattnmlc county 31 itary Hlckey , Harrison county 24 > rlando J. Glider. Omaha , , . , , , . . , . ' . . . . 31 31lzabeth Darlow. Omutia. , . , , , . . . . , . . . . . . . . 23 I. C. Chrlstlanpen , 1'ottawutta.mle county 23 .Ilnnle . Looser , I'ottawattamlo county 21 Christ Junsen , Council Illuffa 23 Jhrlstenn Paulson , Council Illuffs 21 lamucl M. Holies , Fulton , 0 33 ilsle K. UullH , Council Bluffa X3 I'vtty II on ml Over , John Petty , the clilckeq thief who was irrestcil In South Omaha for the robbery ol Hit coop of Kd Fuse on Ninth avenue , wai iolurncd to the c.ty yesterday afternoor upon requisition papers. Ho was arralsnet In Justice Cook's court , and upon \\alvln ; sxamlnatlon was bound over to awnlt th < ivctlon of the grand Jury. He was unabli to glvo any kind of ball nnd was sent to thi county Jail without a bond being mentlnnel roil ei.Aii.v tm.nxiionsT Soiitirl to n Si'iiwnilonnl limn fnio o Ill-font Diitr. The following reference to a Council Hind ! case of more or less Importance appearcx In the St. Louis He-public of yesterday "Attorney J. L. O'llrlen of Council Illuffs la. , Is In the city In tha Interests of client : In Iowa , looking for Miss Clara Uhlcnhorst a young woman who up to a year and ! half ago boarded at the house of Mrs. Man Hums at 9G2 Chouteau avenue. Miss Uhlcn horst Is said to have been employed a' ' Sonncnfeld's as a trimmer of hats. She l ! said to have opened a correspondence will an aged German at Council HlufTs looklm to a matrimonial alliance. The. . man vlMtoi St. Louis to see Miss Uhlcnhorst In 1804 am went back homo and for some reason hrok < off the engagement. As ho was worth coil' sldcrablc property , Miss Uhlenhcrst filed . ' suit against him , alleging breach of promise Since that time and pending the hc-arlm at the suit the old man died. Ho was qulti wealthy , and Mr. O'llrlcn claims that slu then transteired the suit against the estate Miss Uhlcnhorst cannot be located In the city now , and Is supposed to bo In Europe. Leopold Broeckaert , a musician at the Srand opera houw , knew Miss Uhlcnhorst having boarded at the- Hums house for some time while she was there. When sscn lasl nlg'.it ' , he said that he- left Mrs. Hums' some ; lmo before- Miss Uhlcnhorst , nnd that the ; ast time ho taw her , over a year ago , she ; old him that she was going back to Ger- nany to get mine money which wns comlni ; j ) her from an estate. Mr. llroeckaert says Miss Ulilenhorst was an orphan , both hei parents having died before she came here , \n i.ffort was made to find Mr. O'Brien lasl light to see If lid had met with any succor n hla starch , but lie could not l > 3 located , mil It Is thought he departed for Iowa. " This Is the girl with whom the late Kreil txiutzlnger , sr. , was said to hive been In- rolved. _ _ _ _ _ _ _ The firm of Woodbury Bros. having b.-en Jlssolved , C. E. Woodbury has opened an Dfilce In the Sapp block for the practice of Jei.tistry. _ : ' < > nn < y Auditors' Convention Cloned DES MOINES , Jan. 23. ( Special Tcle- ; ram. ) The annual convention of county mdltors of Iowa closed this evening. The eglslatlve comniltteo reported favorably the imposition for an Increase of salary of uidltora from $1,200 to $1,500 per year. A jlll was favored to make the pay of school Ilrcctors $1 per day for the fine actually jmployed , In counties where the uniform ext book system Is In use , and to make the nlnlmum secretary's salary $150 nnfl the naxlmum $4CO per annum. A special com- nltteo was named to consider the matter of isklng the legislature to make the term of > mco four Instead of two years. This com- nltUe , with the like committees from the iherlffs' and clerks' organizations , will lay ho matter before the legislature and cn- leaver to have the bills passed. Ths com- nlttee Is J A. McQulston of Des Molnes , T. \ . Cunningham of Fort Dodgo-and J. E. McGuIre of Audubon. Des Molnes was re eded as the place for the regular annual neetlnss hereafter. Sunday School " \Vm-Uern' Uiilsm. The regular session of the Sunday School Workers' union was held In the Congrega- Icnal chu ch on Tue day evening. Tliiro was i large attendance and a good deal of In- icrest In the work In hand. A. A. Hart was ihalrman of the meeting. After the dlsv : usslon of the business end of the assocla- .Ion a program was rendered. At the con- iluslon Jacob Sims , Mrs. Logan and Charles 3hrlstlanson were appointed a committee tc xrrange the program for the next meeting AVII1 Imllct Griivo UolilierB. DES MOINES , Jan. 23. ( Spsclal Telegram. ' , Detectlvss state they have turned over tt : ho grand jury sufficient evidence to Indlci ind convict parties connected with the recenl ; rave robberies here. The grand jury Is tvorkiniB on the case. _ Child Flit nils' Ilill-lK'll. SIOUX CITY , la. , Jan. 23. ( Spsclal Tele- jram. ) Charlie Hay , the 3-year-old son ol William Hay of this place , was fatally burned : oday while playing with a box of matches. Duliuilue'H JitinItullroiul Srliomc. DUBUQUE , Jan. 23. ( Special Telegram. ) - \ company to build n railroad west to n con- lection with the Northwestern formed n .omporary organization today. PACE AVAS TOO HOT TO KEEP UP [ "nvorlte Foil Illicit Into the Hunch In the IiiiMt FiirloiiKT. SAN FRANCISCO , Jan. 23. Racing was resumed nt Bay District today , with tli < rjulnlun Felling- stakes as the feature. Owlnj : o labt night's heavy rain , which left the : rack in frightful shape , moie than half ol ; he noises entered In this event wen scratched , leaving but seven starters. W , D. H. McDonough's fast fllly , Imp. Miss Hrummcl , ruled favorite throughout nt f : o R , with the Burns & Waterhou&e pair , ilosebud nnd Potentate , coupled , pecom ; iholcea In the betting. Miss Urummcl nn < ] Potentate drew awny from the Held , nni ! ; urnlng into the stretch , were fully elghl ongths to the good. The terrillc pace , how- iver , teen told on them , Rosebud and High- and passing them a furlong from the wire , flosebud llnally winning In a drive by n icad. Potentate lasted long enough to se- Hire the third place , while Miss Brummel Iropped back to nowhere. There were many eversala of form , owing to the change ol : racks , Toano being the only favorite tc vln. New Moon's win ut 25 to 1 was the ienEtttlon. Wedther clear , track heavy , at- eiulancc large. Summaries : First race , llvo and a half furlongs , mal- Fijian 107 ( McCJIaln ) , ( lem > , 3-year-olds : , o 1 , won ; Peixato , 103 ( Walker ) , 15 to 1. sec- > nd ; Yo el Rey , 115 ( C. Sloan ) , 8 to 6 , third , nine : 1:11J. : Miss Lucy , Mies 12dsall , jeorjjc Uonhert. Green River , linear. Little 'ete. Great FallF , Ida Sauer , Red Plko , .aiKlIoril and Hcd Chief also ran. Second race , Hlx furlongs : New Moon , 97 McClaln ) , 25 to 1 , won ; Sam Leake , 1U1 Donnelly ) , 1 to 6 , second ; Wnlter J , 101 C. Sloan ) , 12 to 1 , third. Time : l:17'/4. : Clara lohnpon. Joe K. Phyllis. Ida II , Eventide , Irady , Kdgemont. Jack Atkins and Veragua ilso run. Third race , seven furlongs , all ages , Quln- an Belling stakes : Rosebud , 1M ( Uonnully ) , to 1 , won ; Highland. 10T , ( Cliorn ) , 10 to 1 , lecond : Polt-ntate. 103 ( DoBBell ) . coupled vlth Rossbud. third. Time : 1:3014 : , bnp. illtsj Urummel , Thornhlll , Montalvo , Olive ind Argentina uUo ran. Fourth race , ono mile , telling : Hidalgo , 10G Chorn ) , 3 to 1 , won ; llydy , 105 ( Cachrnn ) , 15 o 1 , second ; All Over , 307 ( McHugh ) . even , hlnl. Time : 1:45 : % . Ada , Modesto , Garcia , rmu , Iku L , IClsle and Monlta also ran. Fifth racn , about six furlonga. selilni ? : "oano. 110 ( Doggett ) , G to 5 , won ; Red Will. 03 ( Cliorn ) . C to 1. secoid ; Sen Hpruy , 113 Ulnrtchs ) , 15 to 1 , Ulid. Time ; 1:154. : ! Road- miner , Clacquer , Oregon ICcllpsc and Qold- IIIB ulpo ran. Sixth race , about six furlongs , Rolling : iuenumc. 111 ( Shaw ) , 8 to 1 , won ; / ooleln , 12 ( Chorn ) . 9 lo G , second ; MIsH Until , 101 Jones ) . C to 1 , third. Time : l:17'i : , Uobln lood I , Ivc'lla 8. Ginger. Amiga , Imp. Ful- irton Lass and Red Ulru also ran. IiiNUi > \VliiH ( lit * UliiiiniiloiiHliiii , ST. PETERSBURG , Jan. 23 , In iho In- ernatlonal elies.s tournament today Luskcr , y drawing a game with PHIsbury , and hereby Increasing his total wins to eleven , . total which none of the competitors can each , won the first prize. Htolnltz ( black ) eat PJIIsbury In a quenn'8 gambit ducllncil fter thirty-eight moves veuterday. T'lls amo stood adjournrd on Tuesday evening. oday In Die eecond sitting of the final cum ! PlUwbury ( white ) drew u Ruv Ixipez Itli I.ufUer , after flfly-ono moves. THchlgo- In and Btclnltz adjourned their game at 1:30 p. in. The record ; Won. I/ost. Mtskcr . . . . . 11 C 'Illsbury ' , . . , . . . . . 7'A M telnltz . , . , . & \Z 7'j 'echlgorln ' . . . . . . , . . . , . . . . . . . . C lo r < inilc-rf nl I't-rforiniiiieu of n S lint IT , ST. PAUL , Jan. 23. Uarlay DuvUI on of t. I'aul and Joe Nlelson of Minneapolis adny t > kutcd a two mile race for the ama- ; ur champlonbhlp of Minnesota , the former 'Inning In the remarkable time of 5:51 , low- rlnir the world's chamiiloiuhli ) time , for- lerly h ld by Joe DomiKliue of Ncwburg , N. . , nlno and one-fifth sccundH. Illlllnril Tonriiiiiiu-nt. CHICAGO , Jan , 23.-In the afternoon Illlartl K'Uiie today Gallaiiher defeated Hut- ) n by 400 to 53. Wlnner'H uveroKe , 28 4-7 ; ibcr'H , 4 2-13. TonlKht McLuuchlln defeated uttley , 4CO to 28f. Winner's uverut'e , 1 3-32 ; 'B , 8 8-31. ON ITS BIENNIAL JUNKETS Iowa StAte Lufjislftturo QoiiiR Through tlio Motions of Visiting State Institntions. ACRIMONIOUS SESSION IS PENDING Mnnr liniinrlunt Mutter * KxtniMt p Iiili-rt-Nt * CVrtaln lo Ciinililrrrtl When Itnxl- IICNN It call ) ' DKS MOINES , Jan. 23. ( SptclAl. ) After nn active session of ten days , In which much preliminary nnd routine b'uslncsi has been disposed of , the weaiy legislators hnvo taken n brief rest. The visiting committees to tlto itatc- In stitutions arc now making their biennial rcurds and no doubt will nnd every thing In apple plo order. There Is no record , ex cept In one or two cases , where a legislative visiting committee over discovered anything "off color" In the management of nny slate Institution , nnd their reports as n guide lo legislative action nro practically worthless. The committee- docs not employ experts and as n rule does not put the managers under oath and never has the tlmn nnd Bcldom the Inclination to perform the duties origin ally contemplated when the custom was es tablished. For this reason these "Junketing trips'1 have fallen Into disrepute and are now regarded more In the nature of nn outIng - Ing for Inexperienced members nt the ex pense of the state than as any serious part of the biMncss of the session. It is hardly necessary to add that the mem bers cnjcy these trips. They are received nt the station when they alight by a dele gation of prominent citizens , carriages nro provided and they arc- driven nround the slnte grounds , shown through the state buildings , feasted nt the best hotels with out cost , and thc'r brief stay made , as plcas > ant as possible. It Is little wonder then that their reports nrc- highly eulogistic of the managements , nnd almost Invariably recommend that thu full appropriation asked for be allowed. WILL HAVQ A LONG SESSION. When the lawmakers meet again next Tues day the real work of what promises to be , i long nnd anything but harmonious ses sion will begin. Heretofore the division has been principally on party lines , with pro hibition ns * the chief disturbing factor. Wh'lo rcsubmlGsIon and the manufactures bill will occupy more or less prominence In the dltcusslons that will follow , they maybe bo entirely overshadowed by new Issues aris ing out of the attempted revision of the code. For Instance , the railroad question may be brought to the front by a proposed tcpe-al of some part of the existing statutes on that subject , or the almost certain effort 'hat will bo made to establish "Joint : ates. " The fight over the m6dlllcatlon of the In surance laws Is cartaln to bs bitter and pro tracted , and will Involve both tha life and flra Insurance Interests. The old line life c-rapanles , whose business has been cut Into by the numerous beneficiary orders ihat have sprung up , operating on the mil tual plan , will have a stronij lobby on the ground resisting the ef forts of the mutual banevolent associations to secure legislative relbf from the recent decision of the supreme court mnklng them subject , to the control of the auditor cf state and requiring them to conform to the Insur ance laws. It will bo a fight for their very life by the mutual associations , for If the legislature docs not come to tht.ir relict many of them , In fact , all that havea reserve fund , may be driven out of business , and all of them will be gn-atly hampered In thalr opsrntlons by conforming to the require ments ; of ttio law governing old line com panies. The flre companies , too , will have a contest on their hands. There Is a , want of harmony between outsldo and local slock companies In respect to proposed legislation , "while the farmers and business me.n's mutuals will be a further bone of contention. The outside com panies that cannot bo eued In elate courts all feel that "the " putting up of bonds or other collateral security wlltn the auditor of Plato placea them at a disadvantage , when compet ing with local companies , and will endeivor to have t'ne amount of such securities reduced to a minimum. Ti3 ! people who have no direst Interest In thei profits of Insurance companies are going to bs heard. They will demand the en actment of the most stringent laws prohibit ing all combinations , or agreements' , boards of rating , or any understanding whatever between Insurance companies In regard either to the classification of risks or rates of p re in lump. STANDARD POLICY BILL COMING. Should the flre companies patch up their differences before the close of the session they will endeavor to push the standard policy bill , by which they proporo that the state shall legalize the numerous claupes ) found In flno print In the average policy which the failure to observe renders the policy "null qnd void. " Theua conditions and agreements' , If unreasonable , have been frequently set aside by courts of equity , which could have no Jurisdiction , or would hardly Interfere , at leoot , If the form of the policy was prescribed by statute. The building and loan associations will also bo vitally Interested In the proposed changes In the code regulating their busi ness. There Is a disposition on the part of many legislators to make ample provlslonn In the revised statutes for the protection of the stockholders ) from futura experiences similar to the defunct Union Loan and BuildIng - Ing association. The difficulties they will meet with In carrying out their intentions are evident from the fact that any legisla tion of this character will In rome degree hamper the operations of so-called reputable associations and meet with their determined and strenuoup opposition. For Instance , It Is proposed to make nil of these associations local In their nature by confining their busi ness to a tilnglo county. This would en-ablo proposed stockholders to form personal ac- qualntanco with the managers of the concern - corn at llttlo expense before Investing their money. Under such a law a repetition of W. S. Richmond's performance would hardly bo possible , But It Is cafe to say that every loan and building nssochtlon will bo up In arms at once ehould such a proposition find favpr with the code committees. TO AMEND THE JURY LAW. Ono of the Important measures that will bo laid before the legislature after thela - cess will appertain to the Jury law. The last general assembly passed a law entirely changing the methoJ of drawing Juries- , the result of which Is that Juries are draNvn from the full number of voters on the poll lists by lot. It Is claimed that In many parts of the state the system has resulted In placing men on Juries who were utterly unlit lc.r such rcrvlcc ; It has caused dclayy In trials , unsatisfactory verdicts and has generally de feated the very ends It was hoped to obtain. The now proposal U lo repeal the present law and enact ono establishing a jury coimnlu- s'on ' for each Judicial district , to fjlect the men from whom Juries shall bo drawn. After Hillary ( iralilx-rn , DUBUQUB , Jan. 23. ( Special Telegram. ) Judgs Hustcd today | uued supplemental charge ! ! lo the prnnd Jury , concerning thn charge ? of * alnry grabbing against the mayor and nldcnuMi. Ho chnrged that all who had accepted extra compensation for commit- tto swvlco were nlso llnblo. This subjects lo Indictment members of all the- councils pinoc 1892 nnd It U bcltev.d tli.tt by Rccurlng the Indictment with them of those who have hitherto not been nccu o.l , Urn mayor nnd Aldermen expect to create a division of public pentlnient , vhlch will prevent conviction In nny case. Imvn'i tVinittr llrnlrr. SHAMIUUCm. In. , Jan. 23. ( Special Tele gram. ) ShombauRh hns a 'nenlcr whoso cures threaten to rival thcso of Schlntter. This tlmo the power Is embodies ! In Iho femlnlno make up , Mrs. Sutllff of Mount I'lonsnnt being the person. Shehns been holding rc- llglouei moctliiK ? nt Shnmbaugh , during the progress of which she l < accredited with re storing sight to A. fi-j car-old boy , \\1io had brrn blind tlireo yonrn. nnd cured Chris Hnm , n crlpplo ot ten ycnrn. Many bcllovo In her power. Yale's Skin Food Removes wrinkles and ali traces of a e , It feeds through the pores and builds up the fatty membranes and wasted tissues , nourishes the shriveled and shrunken skin , tones and invig orates the nerves and muscles enriches the impoverished blood vessels , and supplies youth and elasticity to the action of the skin. It's perfect. Iteware of substitutes and coun terfeits. Yale's Original Skin Food , price $1.50 and SiOO. At all drtiiv stores. MME. M.YAI.D , Henltli nnd Complexion SpccInU Ynlu Temiilo of licnuty , HC State St. , Chicago. Every blemish will quickly disappear from the skin anil tlio complexion will bccomt ! absolutely , perfect and clear aa crystal by the use of iiIlTT AI.TO.V , Manager. ONE NIGHT ONLY , FRIDAY , JANUARY 24 , 1896. M. WILBER DYER Takes pleasure In presenting the Incom parable Madison Square Theater triumph , the greatest ot all comedy successes , "THE RAJAH. " WITH . PITT And an excellent company. Special Scenic Embellishment : ) . 500 c'jnwicutlve performarces In New York ) 18 conaacutlvo months' tour of the Unltqd States of America from Malno U California. Seats on Sale Thursday , at Box ofllco. Prices 25c , 3Gc , COc , 7Cc. $1.00. THE BEST $5 SET IF TEETH MADE : AND womc GUARANTEED. , DR. MUDGE , 319 BROflDM COUNCIL BLOFfS. 101 Council Bluffs , , Iowa. CAPITAL , - - - $100,000 WB SOLICIT YOUU IIUSINKSS. wu msiuis YOUU COIIICTIO\S. : OM5 OK THIS OI.U12ST I1A.MCH IN IOWA. ft I'KIl CK\T PAID ON TIM I ) DKI'OSITS. CALL ANH HBI3 US Oil AVH1TIS. _ Special Holler-Council Bluffs WANTKD. GOOD BUCOND-IIANI ) J.UMIinil ; must bo cheap. Atldrcus McLauchlln , Uco otllce. _ i W ACUKH OF1 LAW ) KOI I SAUJ OH TltADU : 8-riH > in lioimo ulth liarn unil ucll , and farm will InipruviMl , four inllra north of Council Illuffj. Chan. Murtcnuun , 1020 , Waxhlngton uvc. Dr. S. Mosher SPECIALIST. Having fully demonstrated by yuura of xucceeuiui jirucllcu and experience that ho la able to cure multitudes of dltcaaua which bnlllo iho bklll of ordinary physicians , ho fcela It lila duty to inulco known to mift'onn f Immunity that lie devotea his whole tlmo unU energy to this particular branch of the profession , and will prepare and furnish medlclnu ut his olllce or visit these CUBCH w lilcli may require personal examination. I'n- tlerits at a distance inuy consult l > r. Mouhor by letter , giving u carefully written history of their cases , describing their uymptoins minutely ut * jiorslble , which will unable him to mnkJ correct dlagnosta , mid Judge very accurately of the curability of the disease * , ana to apply nioper remedies. Jlelno forwarded either by mall or xpreu . and all mediclno prescribed by Dr. Mosher la prepared under bin own pcruonut supi-rvialon. He treats all dlKca cfi without mercury or other poluona , which create disease of tbemHclvcH. The doctor by Ills new KKSTOHATIVK TRKATMI3NT cun-s all cimiblu diseases , nnd treats with HUCCCBH all affections of the Liver , Throat and LUIIKD , Catarrh , Epilepsy. DyspepDln.Heuit Disease , Hheuinallsin , Nauralglo , nnd all Nervous Dlseasca caused by overwork. Iho Indiscretion of youth , or the exrotwen of riper yi-urrt , and whatever may tend to lower the latent foice or the tone of llfc-'H vitality , caunlnu physical debility. ncrvouH exhaustion. Int-anlly , and prematur c decay. Consult personally , or by Letter , free and strictly confidential. Address , Dr. S. Mosher , Office , Room 50 , Kiel Hotel , Council Bluffs , la