Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 01, 1896, Page 6, Image 6

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    THE OMAHA DAILY NEE : SATURDAY , FEHKUATIY 1 , 18JG.
liJ J 1li li 1 COUNCIL BLUFFS DEPARTMENT
MI.VOIl MHNTIO.V.
The Dtr office. No. 1C North Main street.
niiiffa division No. 27 , Knight * of Pythias ,
meets tonight. Umlnc ? ! ff Impt/rtancp to bo
transacted. ' . i
The Council niuffo office of The Boo
IB Just north of Officer & Pusey'a bank , on
Main street.
Pryor Bros. , printers , will move their of
flee Monday Into fine quarters In the Sapp
block , Broadway.
The office of the Council Bluffs department
mont of The IJeo Is now located at No , 1C
North Main street.
All members of White Rene RebcKah lodg
ere requested to be present tonight to as
list In the degree notk.
Attorney P. P. Kellcy of Glcnwo > 1 was In
the city yesterday and heard the closing or
euments In the DIckcrson case.
The Grand hotel , Council Bluff * . High
class In every reipect. Rates , $2.60 per day
and upward. B. F. Clark , proprietor.
Mrs. D. L. Helnshelmcr , the Olenwood mer
chant prince , was an Interested spectator
nt the Ulckcrson trial yesterday afternoon.
Regular meeting of council No. 1 , Commer
cial Pilgrims of America , lliU evening nt S
o'clock. Initiation of candidates. W. A.
Tr.ivhW. . P.
Dlsd , Fred 0. Rocttgor , aged 1 year , 7
months. Funeral Saturday , February 1 , nt
2:30 : p. m. . from family resilience , 2COD Ave
nue C , to Sti Joseph's cemetery.
Arthur Evans has filed In the district court
an objection to a continuance of the case
he lins for damages against the Lake Manaw.i
Railway company , Evans Is the young man
who has a mill for damages against the
company for the loss of his eye In an accl
dent at the lake last summer.
The Holdens conclude their week's engage
ment at the new Doliany tonight. The pat
ronage has not been at all that they ex
pected or deserved , for they have given fcomo
of their strongest plays hero nightly. This
afternoon they will give "Tom Sawyer" and
tonight a rich comedy , "Dad's Girl. "
J. 0. Kellcylio has been lying In Jail
nwaltlng a hearing upon a charge of selling
mortgaged property , whllo the officers were
looking Into the poi''lblllty that ho might a behave
have been connected with an express rob
bery or two , was before Justice Walker yes
terday for preliminary examination , ftcr
consultation with his attorney he waived
this right and wns sent back to Jill In de
fault of a $400 bond.
The funeral of Walter Lilsrjn will occur
nt 2:30 : this afternoon from the residence of
Charles Lunkley , 238 Broadway. The boy
was accidentally shot and killed a feW days
ngo at Pleire , S. D. , where ho 1ms been visitIng -
Ing with hit. mother , Mrs. Kato Lalnson.
The child was playing with another boy , who
had a rifle , which was somehow accidentally
discharged. Brief funeral services will be
held In Grace Episcopal church , and the body
will be burled In Falrvlew.
"Wanted , good farm loans In western Iowa
at lowest rates. Money loaned for local In
vestors on best of security netting 6 per cent.
Fire Insurance written In reliable companies.
Lougoo & Towlc , 235 Pearl street.
PERSONAL PARAGRAPHS.
H. D. Bcsley , manager of Besley's Wauke-
gen Brewing company , Is visiting his
brothers , S. W. and L. C. Beslcy of East
Broadway.
H. O. Cook received mall advices yesterday
from Artesian City , S. D. , giving account
of the sudden death of his brother , George II.
Cook. He was a Mason In high standing
and the funeral was under the auspices of
that order.
Wo offer you only clean , crisp , snow white
laundry work and best delivery service at
Eagle laundry , 724 Broadway , Telephone 157.
Street I.lKhtn Above Requirement. -
The committee on street lighting In the
city council hao been experimenting with the
voltmeter recently ordered purchased for
the purpose of ascertaining whether or not
the electric light company was doing its
full duty to the public under Its contract
with the city. The members of the com-
mltteo accompanied Electrician Bradley and
Manager Wright of the electric company on
a tour of Inspection last night for the pur
pose of testing some of the street lights and
measuring the voltage of 'the current used.
The test was very satisfactory to Manager
Wright and also to the councllmcn. Every
lamp tested Indicated a higher voltage than
Is called for the ordinary 2,000 candle power
light.
The standard current adopted among elec
tricians for a 2,000 candle power light Is
450 wats , obtained by multiplying the amper
age by the voltage , or In other words , with
a current , cf 9.G amperes the voltage of each
lamp should bo about 47. The council to bo
safe , has said that the voltage of each lamp
ought to be 48. The following was the result
of the testa made yesterday , the numbers
being thopo of the lamps tested : 117 , 52
volts ; 102 , 51 ; 120 , 51.5 ; 124 , 60.5 ; 125 , 50.5 ;
119 , 51 ; 0 , 51.5 ; 39 , 52 ; 121 , 54 ; 104 , 48 ; 118 ,
60.
Athletic ContVNtH , 101 I'IIMO , Tex ,
February 11 , 1800 , the Burlington Route ,
K. C. , S. J. & C. B. R. R. wilt sell tickets
to El Paso , .Tex. , and return on February
8 at rate of otie-flrst class faro for round
trip. 0. M. BROWN ,
Ticket Agent.
Wife Not Exempt.
Justice Cook rendered a decision yesterday
that will bo of some interest to people who
have conceived a wrong Imprcrslon concernIng -
Ing some minor law points. Leonard
Everett had commenced an attachment suit
against Erlck Lirson to secure unpaid
rent. Larson hired an attorney and pre
pared to beat the usual Ironclad landlord's
Iwtx ) . The attorney rested his case upon
the fact that Larton only signed the leas ? ,
that Lamm was bankrupt and that all of
the property owned by the Lareon family
was held In the name of the wife. Tbo court
held that the fact of the wife not having
signed the lease did not exempt her from
liability ; that the house being used In com
mon by both , both were equally liable for
the rent and all other debts contracted In
supplying the comforts and necessities of
the household. Judgment was rendered In
favor of the plaintiff.
Great Half Price Sale.
Hundreds of frames sold. Greatest sale
ever offered to the public. Get your pic
ture framed this week. All go at Just half
tbo regular price. II. L. Smith & . Co.
The firm of Woodbury Bros , having been
dissolved , C. E. Woodbury has opened an
oillce In the Sapp block for the practice of
dentistry. _
Not IllilliiK HIM Unlit.
Major Curtis of Atlantic was In the city
yesterday looking after his political fences.
The major l a candidate for the repub
lican nomination In the Ninth district for
congress. He says ho Is not modest enough
to think that the oillce will seek him and he
In making an open hunt for the nomination ,
Ho has just returned from Harlan , the home
of Speaker Dyers of the Iowa legislature.
He got on Idea that Byors was a candidate
and went up to ECO what there was In the
report.
Major Curtis has plenty of company In his
canvasu for the nomination , there being no
IFES than a dozen men who are making a
mereor less determined race for the nomi
nation , _ _
IluTlled Sunn.
Wo have 1,000 hot bed tush which wo ore
going to close out. They won't last long.
How many do you want ? Wo will make you
a prlco that cannot bo duplicated , C. B.
Paint. Oil and Glass company , Masonic tem
ple , Council Bluffs.
Dayla. only drug * lore with registered clerk.
I'aylnir for Illx ChrUlmiiN Feait ,
Jim Sheelcy was a guest at a big Chrlit-
mau dinner at the homo of Mrs. Pralor last
Christmas and just stuffed himself with the
good things In sight. Then to round out
the day's pleiiures ho stole an overcoat from
a prosperous guest and has been In Jail ever
since.
Sheelcy was arraigned for trial before
Judge Thornell yesterday and pleaded guilty ,
Ho was sentenced to sixty days In the county
Have you seen the new gaa beating atom
t the company's office ?
Dr , Cleaver's o01o moved to 600 Broadway ,
DICKERSON CASE SUBMITTED
of the Accused Now Hosts with the
Jury.
JUDGE SMITH'S CLEAR INSTRUCTIONS
lie I'd I n Is Out tlic 1'nctn In lie
llnlu'cl llo'om ! ItdimiiiiiMc Doubt
Ilcforc it Vrnllct f Coiivlc-
lluu In Itoiuleroil.
The ffllc of Isaac Dlckerson , charged with
fraudulent banking In connection with the
failure of the Cass County bank at Atlantic
In 1S93 , Is now In the hands of the Jury.
Arguments In the case were completed
yesterday. During the forenoon Hon. Smith
Mcl'herson of Hed Oak addressed the Jury
and made a stirring appeal for the defendant.
Ho spoke In plainest terms about the char
acter of the evidence given by J. C. Yetzer
and other witnesses for the state. Ho was
followed by Mr. Ilrucc , who made the clos
ing argument for the state , and occupleO
the entire afternoon. The case was given
to the Jury at C o'clock and at mlJnlght.tlic
men had not reached a decision.
Attorney Ilrucc finished his argument at
ten minutes before C o'clock , and Judge Smith
at once read his Instructions to the Jury.
There hao been a great deal of Intcresl
among attorneys In the Dlckerson case , anJ
a large number of memberg of the bar were
present to listen to the Instruction ! ? .
After the usual statement of the casa the
Judge said that to entitle the state to a
verdict of guilty In the case It must appear
(1) ( ) that the bank was a firm or Incorporation
at the time of the alleged offense engaged
In the banking business ; (2) ( ) that at some
tlmo within three years next prior
to the ( Incline of the Indictment ,
which was returned on February 22 ,
1894 , the bank did knowingly receive a
deposit from S. N. Havens substantially ns
alleged In the Indictment ; (3) ( ) that at the
time paid deposit was made said Caw County
bank was Insolvent ; ( t ) that at said tlmo
the defendant was vice president of said
bank , and as such did permit , connive at
or was accessory to the receipt and accept
ance of such deposit ; (5) ( ) that at the tlmo
raid deposit was made defendant knew said
hank was Insolvent ; ( C ) that said offense
was committed In Cass county , state of
Iowa.
On the question of the Havens deposit
and overdraft at the bank , the court In
structed :
An Insolvent bank lias a right to receive
a deposit from n customer who has an over
draft nt the bank equal to such deposit ;
that Is the statute In question docs not
prohibit an Insolvent bank from collecting
debts due It , but the fact , If It Is a fact ,
that Mr. Hnvenn had nn overdraft at the
Cass County bank nt the time of the nllege < l
deposit by him , Is not material If you find
that he made the deposit alleged and tlmt
his overdraft , If any , nt the time , was not
equal to the amounj of such deposit.
On the question of the solvency of the
bank tho' Instructions of the court were
that the bank was Insolvent If the total as
sets of the bank were not equal to Its lia
bilities and It could not meet Its demands
In the ordinary course of business within a
reasonable time.
"I do not mean by that , " said the Judge ,
"that It was the duty of the bank to keep
on hand sufficient money to meet extraordi
nary or unusual demands. If the Cass
County bank was at the tlmo In question
possessed of assets of sufficient value to pay
within a reasonable time all Its liabilities.
It was solvent , but If It had not sufficient
assets to meat Its liabilities or If Its assets
were of such a nature that It could not
therefrom meet the demands against It In
the ordinary course of business within a
reasonable time It was insolvent.
"If the bank was insolvent when the Ha
vens deposit was received the Jury must de
termine whether Isaac Dlokerson knew the
bank was Insolvent. If the bank was Insol
vent and'the defendant knew It It Is Imma
terial as to the manner by which It became
Insolvent.
"It is not sufficient for the state to show
that the defendant ought to have known that
the bank was Insolvent or that ho was negli
gent in not knowing It. The state must
show that the defendant knew that the bank
was Insolvent , but need not show It by direct
proof. It can be established by circum
stances such as convince you beyond all rea
sonable doubt that he knew of such Insol
vency. The state need not show that the
defendant knew the extent of the bank's In
solvency , If he knew , it was Insolvent. "
The Jury was instructed to consider the de
fendant's knowledge of the condition of the
money market In determining whether ho
knew of the solvency or insolvency of the
bank.
bank.With
With the Insolvency of the bank and the
defendant's knowledge of that fact estab
lished prior to the Havens deposit It must
be shown that the defendant permitted , con
nived at or was- accessory to the acceptance
of such deposit ; and that he > did aid , assist ,
advise and encourage keeping the bank open
for the acceptance of business.
The Jury Is Instructed that the defendant
Is not guilty If , after he learned of the In
solvency of the bank even prior to the ac
ceptance of the Havens deposit , ho made all
reasonable efforts to have the bank to close
its doors.
The court passed upon Yetzer's testimony
jy quoting the statute which provides that
n a case of this kind the accused cannot bo
convicted upon the testimony of nn accom
plice unless ho be fully corroborated.
The concluding Instructions wcro the usual
llrectlons of the court as to the element of
doubt In the return of the verdict and the
instructions as to the manner of weighing
the evidence. At a few minutes after 6
o'clock the Jury retired for deliberation.
Columbia bicycles. Highest of all high
grades. Call and we them at Cole & Cole.
Worlc A in D up : the I'oor.
Three months ago this morning ( February
1) ) Mr a. De Long and myself commenced to
give our entire tlmo to the care of the poor
and destitute sick , the Industrial school and
general missionary work. During this tlmo
f24 persons have been furnished with cloth-
ng , 025 meals have been given away and
'rom one to three persons have been sheltered
from the cold nearly every night. Twenty-
ono families have been supplied with stoves
and a number with wood. Quito a number
of women have had a temporary homo with
us while unemployed. Five hundred and
sixty homes have- been visited. One or both
of us have attended or taken charge of a
jospol meeting every night. Kvery Saturday
las found us with the Industrial school.
\Vo have received from all sources J127.GO
cash , four cords of wood , 550 pounds of flour ,
ten bushels of potatoes and many baskets
of food. Wo have found friends everywhere ,
mvo worked hard and are glad to report
all bills paid , with a small balance , which
wo place to our credit as salary. We return
our sincere- thanks to all who have 111 any
way UEs'sted In thin work.
MR. AND MRS. HKNRY DE LONG.
Don Overman Out at Jail ,
The case of Lucius Wells against Don Over-
nan and Miss Kato Farr , who have been
under arrest for some tlmo charged with
tcallng a valuable St. Bernard dog , was
called In Justice Vlen's court yesterday
afternoon. Mies Farr has been under a
lomlnal bond , but Overman has been In Jail ,
"rom some admissions that Overman made
n court yesterday his position Is much more
orlous than ho Intended It should bo when
10 was counting the costs while stealing the
dog. The prosecution might perhaps have
icen dropped at any tlmo during the first
ew days If ho yielded to the demand to re-
urn the dog. Yesterday he admitted to some
f his friends that ho had uolil the dog and
never would bo able to get it back unless lie
got out of Jail. Ills case was continued for a
vcek and his bond reduced from $200 to
100. Ho was able to slvo the latter surety
nd secure his liberty. He returned to Omaha
ast evening In company with Mils Farr , and
t Is'predlctcd that the two will be able to
ecover the dog and return him to his owner.
Etephan Bros , for plumbing and heating ;
also flno line of gaa fixtures.
Don't miss our special sale of aluminum
vare for the uext ten d yi. Cole and Cole.
CTII ) TIIIJ VAHDS
Mr. finlil'N Co in | i > > I" "I ! ' 01 > U Over the
Trrtnliint Coinpnny'w I'roppfi.v.
Speculat'on Is still rife , It not ripe , con
cerning the final outcome of the recent sale
of tho. Omaha & St. Louis railroad , No cne
at this end of the line Is able to do any
more than Join the crowd of guesscrs and add
a few more fancies to the many that have
pprung up. nut among the shrewder railway
men there are some better posted than
others. Several of these men have been put
ting a number of things together and hnvo
arrived at a conclusion that amounts to a
convlct'on that the sale of the road was
virtually to the Ualtlmorc & Ohio. Here
are some of the facts upon which they base
their conclusions. There were four men ,
three besides Mr. Gold , In the New York
party representing the bondholders' commit
tee. Mr. Gold only registered at the Orand
hotel. The others stayed there nn hour erse
so , held a close conference and then took
a motor train for Omaha Sunday afternoon.
What they did In Omaha or where they
stopped Is a matter of little consequence ,
but what they did Monday forenoon is , and
Is the chief thing upon which the local rail
way prognostlcators base their belief tha >
they represent the Drexel , Morgan & Co.
and the Urlce Interests. At half-past 9
o'clock the party had a special engine and
caboose belonging to the Terminal com
pany placed at Its disposal and started upon
a thorough Inspection of the Terminal prop
erty. The engine was run over and around
the network of tracks at Bast Omaha and
then slowly over the big bridge. It was
stopped on the draw , and the party got out
and made a doss examination of the entire
structure. The train then went over nil
of the Terminal lines on this sldo of the
river , around the transfer and up Union ave
nue to Iroadway. After this Inspection was
completed the party made an even more
careful Inspection of the Omaha & St. Louis
yards and terminal facilities , covering the
entire trackage from the transfer to the
round house. When Mr. Gold was bidding
In the road they were moving nt a two-mlle-
nn-hour gait through thb yards.
The railway men who gave The Dee these
facts are sufficiently well posted and reliable
enough to make their opinions of more than
ordinary value , and some weight can bo
safely attached to their convictions that the
sale of the road means Us transfer to some
corporate Interests at least friendly to If not
directly Identified with the Omaha & Council
IllufTs Terminal company and the big Inter
state bridge.
AUia ALIj HOT FOIL AI.MSON.
PoUiMvnttniiilc HcpiilillciuiH Knilorse
the Ciiiullilncy of IOMU'H .Senator.
Nearly 200 republicans responded to the
call for a meeting held at the court house
last night for the purpose of forming a
Pottawattamle County Allison club. Many
of the prominent workers of the party were
present and the only disturbing element
manifested was a rivalry as to which repub
lican could make the most noise and arouse
the most enthusiasm for Iowa's favorite son.
The meeting was called to order by George
Gould , chairman of the city central com
mittee , who called Hon. D. C. Bloomer to the
chair. J. W. Ferrler was selected as tem
porary secretary. It was decided by an unani
mous vote to form an Allison club and a
constltut'on for the club was submitted by I.
M. Treynor and adopted without opposition.
The following is the material clause of the
constitution :
"Tho object of the club shall be to assist
by all honorable means In procuring the
nomination of Hon. W. B. Alllnm of Iowa
to the presidency of the United States by the
republican national convention to be held In
St. Lou's In June and to promote his candi
dacy therefor In this and surrounding states. "
There was a little good nntured rivalry
over the selection of a president of the
club. W. F. Sapp and T. J. Evans were
) laced in nomination. Each Insisted on the
other accepting the position , but Mr. Sapp
was finally selected and made a speech , in
which ho paid all sorts of compliments to
Senator Allison , pledged his' untiring ef
forts In the Interests of the club and asked
the co-operation and support of all the re
publicans of the county. t
W. C. Hendricks wastelected secretary and
the following vice presidents chosen : First
ward , First district , Charles Atwood ; Second
district , G. H. Scott. Second word , First
llstrlct , George Gould ; Second district , J.
3. Hollenbeck. Third ward. First district ,
W. E. Haverstock ; Second district , L. E.
3ridensteln. Fourth ward , First district , E.
3. Mayne ; Second district , T. C. Jackson.
Fifth ward , First district. Colonel D. B.
Dalley ; Second district , T. A. Brewlck.
Sixth ward. First district , W. C. Harding ;
Second district , J. C. Johnson.
The selection of an executive committee
was left to the. president , who will make
their names public through the press.
Enthusiastic addresses were made by C.
G. Saunders , Charles M. Harl , Colonel Dalley ,
William A. Mynstcr , Major Curtis of Atlantic
and Hon. D. C. Bloomer. The meeting was
adjourned with three cheers and a tiger for
Hon. W. B. Allison.
HE HAS HIS EYE O.\ THE FAIl.M.
From n. Street AViilf YOUMK Salvador
ANplrcH to Il ii Innil Owner.
A Jury In Judge Thornell'g court Is
learlng the evidence In a case that
ms grown out of the practical adoption of a
ad from the tenement district of New York
city by a Pottawattamle county farmer.
Some twenty years ago a carload of wolfs ,
picked up from the streets of New York ,
vere brought to Council Bluffs by a society
vhlch endeavored to find homes for the waifs
n this part of the state. Father McMenamy ,
vlio was ono of the active workers In this
movement , Induced Mr. and Mrs. Feeley to
ako ono of the boys , a lad C years of age ,
and find a home for him. The little fellow
vas of Italian birth and pleaded guilty to the
lame of Francisco Nugas Salvador.
Mr. and Mrs. Feeloy own a flno farm near
Jnderwood and are In very comfortable cir
cumstances. They took the young Italian
and mado' him a member of the family. Ho
vas sent to school , clothed and cared for ilnr.
ng his sickness. Salvador Is now 26 years
of ago and wants to be a land owner. Ho
commenced suit In the district court some
Imo ago for Judgment against Mr. and Mrs.
Velcy for $2,000 for his services as an em-
iloye at the farm since ho reached the age of
6. In their answer Mr. and Mrs. Feeley as-
erted that they had paid for the schooling
of the young man and had been at a gre.U
leal of expense In caring for htm. They as-
cried that In 1890 they had a settlement
with him when he was 21 years of ago and
agreed to give him $100 a year whllo ho
stayed on the farm. In 1895 they had an
other settlement with the young fellow an4
paid him $375 In cash and gave htm $800
worth of farm Implements and a year's rent
of a seventy acre farm , They now put In
these claims as a counter to the sum claimed
by the young man ,
WnntH the Property Divided.
Alice Hancock and her husband , John H.
Hancock , have commenced suit In the dis
trict court to get a partition of the property
of Mrs. Anne Ilutwll , deceased. Mrs. Han
cock Is one of the five heirs of the dead
woman. The action In the first place Is to
prevent Robert Russell , the widower of
the deceased , from .making any claim to
the property. As a tor to any claim ho may
have the petitioners set up an agreement
of separation that was made between Ruosell
and bis wife In 1894 , by which he accepted
$200 as his interest In the estate and waived
all rights In the property.
Even with the Russell claim disposed of
the matter is not settled and Mm. Hancock
alleges In her petition that there Is no
reasonable prospect of the heirs agreeing
In this world on an amicable division cf
the property and she asks the court to make
an order of partition.
Emma. Kept Her COWH.
Ono of Judge Thornell'g Juries spent a lot
of time yesterday In figuring out the value
of a cell spring buggy and a bunch of red
heifers that had got tangled up In a law suit.
W. H. Butler sued Frank Palmer for $304
duo on a lease of farm land. An attachment
had been Issued and a lot of live stock gath
ered : In to satisfy the claim , Emma Palmer ,
wife of the defendant , Intervened and set up
a claim to the buggy , a cow and three calves
of different age : , colors and conditions. After
working on the caw a couple of days the
Jury returned a verdict against Frank
Palmer for $28 and gave the Intoryenor pos.
icsslon of the buggy and live ttock.
minlA.soi.niuns. .
U'lint Tlioy Carry When Tliey Turn
Ont for J'ntlicrlnnrt.
Directly we lott "ttio village , where the
night had been fpcnt , the order to march
at caw li glvertj ' the soldiers loosen their
things andcnrry,4.helr _ rlflrs slung first en
"
one "shoulder , Uerr-jtm another , with the
ellng In front andthc barrel pointing to the
rear. H promlrc/joto / , bo a hot day ; not n
breath of wind ; , the sun has Just broken
through and drlvcrn a.way a gray mist. Thd
pace for the first three-quarters of an hour
la elow , not more than three miles an hour ;
there Is little smoking and rardly any talk-
Ing. The men adapt their formations to the
nature of the ground ; the road In the center
la heavy and sandy eo'll ; on cither side a
firm path Is to be found admitting of two
men abreast , the''secjlons of four roparate ;
at times the seclfan stretches In extended
order the whole width of the ronu , at others
three men abrcasrj'tho ' fourth man on a nar
row path where there Is only room for ono.
A largo field with firm going Is made use of
to inarch the whole battalion across II.
Toward the end of the first hour a man starts
up a txjng , the whole Joining In ; the rifles
are now slung around the neck , pointing to
the rear. Whenever men marching sling
their rifles , they Invariably hold the sling
with one hand In order to keep the rifle
steady. Some regiments In the German army
still march at the slope. The pace Is now In
creased until It nearly reaches four miles an
hour. At 8 a. m. a hilt Is made , the men
pllo arms , take off their nccouterments. drink
some cold coffee out of their water bottles'
and oil a slice of bread and butter , which
they have brought In their canteens.
The Infantry of the German army nearly
all wear dark blue ; the cloth Is thick and
stands wear well. Each man carries 150
rounds of ammunition in three black leathern
pouches , which are fastened onto the belt ,
ninety rounds In a large pouch at the back
and thirty rounds on cither side. The knap
sack Is worn high up on the shoulders and
fastened by two black leather braces , which
pass over tbo shoulders and are attached In
front with a mttal liook to the belt. The
knapsack contains ono pair of boots , the
white drill suit drill trousers nro sometimes
worn on the line of march three pairs of
socks or fuzlappcn , a fatlguo cap , three
sticks , strings and wooden pegs for the tent ,
a brush , a comb , and soap , a forage cap , one
tin of preserved meat ( which Is only opened
when In bivouac ) ; the great coat and water
proof sheet for the tent arc strapped across
the top of the knapsack ; a largo canteen Is
fastened up near the top of the knapsack.
Half the men of the company carry spades ,
worn on the left side , with brown leather
covering to protect the blades. There are elx
axes and four picks to each company , and
the men takp It In turn to carry these tools.
The water bottle , In a brown leather case ,
Is attached by a short leather strap to the
belt , and Is worn on the right side ; a brown
canvas haversack is slung across the left
shoulder. The total weight now carried by
an Infantry soldier Is fifty-two pounds. The
Infantry wear Wellington boots , with very
broad toes ; the trousers arc tucked Into- the
boot ; the upper port , of the boot Is sufficiently
looseto give ventilation.
At 9 a. m. the battalion falls in again , and ,
in splto of the heat , the men are soon
marching at the rate of nearly four miles
an liour. After an hour and a quarter's
march wo approach the village of Passon.
A soldier meets each company and hands the
captain the billeting papers. The staff have
arranged long beforehand how many men
can ba billeted on the village. A non-com-
mlssloned officer and two men from each com
pany arc. sent to the village the day before.
The mayor furnlsllcs' them with the names
of the Inhabltant nrid the number of men
they can provide fpr.T „ An officer in' the vil
lage supervises the distribution. Arriving
at the village , tho. orfltr to march at 'atten
tion' Is given. There ta little fatigue In the
step which accompanies the Inspiriting air
played by the band. . . "With hardly any delay
every man finds Irts-nvdy to his quarters , the
heavy cloths ore iakcd off , the noncommis
sioned officer of a 'c'a'pdralschafl consisting of
'
about sixteen men s'ees to the feet of the
men ; socks are worn.-by some , others have a
square piece of flapnel cloth , which they bind
around the feet. " „ i'j , r
THE IlOt'K.TOO LONG.
Expedient of n TeJfiiM Sheriff to Over
come 'the'jDIfllciilty.
"Hangings ? " saldi the man from Texas .to
the "Atlanta Coristn.fl4n"J''lalk | about hanfe-i
Ings there's no country /In the world can
beat the borders of the nio Grande for
neck pullln' . Capital putifshnicnt out there is
as common as pig tracks. They look on a
hanging out there like every other habit
of life and it don't make no more excite
ment than a man getting drunk does in
Atlanta. The people go 'long and mind
their business and wouldn't step out 'of
their path to see a man swung up. The first
year I was out there the population de
creased so rapidly on account of hangin's
that half the farms were left uncultivated.
The first day I got there a little rope party
was on deck. I made up my mind to see It ,
as I always had a curiosity about such
things , and I saddled my mule and rode
over to a little settlement where they said
the feller would be swung up. It was the
quietest place I ever raw. I expected to pec
the people comln' in from miles about , but
the place looked dead as a door nail , and I
was makin' up my mind that the thing was
oft an" turned to rlde iway , when I seed a
feller with a slouch hat on an' a big key In
his hand comln' down the road. I asked him
'bout the liangln' , and when it was goin *
to be.
" 'Soon as I can git to the jallhouse. ' sez
he.
" 'Can I witness it ? ' Bez I.
" 'In course yer can , ' sez he , peerln1 at
mo curious like ,
" 'An' I won't have to git no special per
mit from the court ? ' sez I ,
" 'Court bo durned , I'm the ruler of this
ranch. Can't you tell a sheriff when you
meets ono In ther road ? '
"It was all right then , so I Jes' tied my
mule an' followed 'long behind. We went
by ono or two houses an' the people looked
at mo kinder pitiful like , an' I heard ono
feller say I had a long neck for a noose.
They thought the sheriff was goln' to swing
mo up.
"That jail was the funniest place * I over
seed. It didn't have but two rooms an *
they didn't have no windows. The gallows
was out to ono side In a grove of live oaks.
I went out there an' took my seat ag'lnst
oneof those trees. It was as still as death.
There warn't nobody to be seen nowhere.
The wind blowed kinder mournful 'bout
the gallows an' flopped tbo rope ag'lnst the
sides. I stayed there about ten minutes an'
was 'bout to give up the game when the
door opened an' the sheriff comes out leadin'
a pale , lean looktn * Individual with a big
rope tied about his bands. Another man
that said he was the Jail keeper an' the
sheriff's deputy came on behind. They tolo
the po' mortal to git on the scaffold. He getup
up there trem'lln' an' qulverln' , an' pale as
a sheet.
" 'Got anything to say ? ' eez the sheriff.
"Tho prisoner uhook his head.
" 'Want to makp any confession ? ' the
sheriff said agin , , 'r .
"But the prisoner didn't say anything an1
Jes' shook his hea&'r
" 'Want to say yer prayers ? ' said the
'
sheriff again. 'Yi
. , , , , , . ,
"Tho man kept on/shakln' his head.
"Then the sheriff ! tolo the deputy to come
up , an' they tied a. , towel about the man's
eyes.
" 'Commend your * soul , ' said the sheriff.
'Let her go , Bill1 ! ' "
"The trigger w fr knocked out , but , by
holy thunder , when , the man shot down his
feet touched the ground an' ho stood there
kinder tlptoe-llko , Jumpln' an' Jerkin' . I al-
mos" fainted , b.ut ttiafsherlft stood there an'
didn't move. >
" 'Bill , ' sez he , btln' | off a chaw of to-
backer , 'go up to ( J'e uouse an' git a shovel. '
"I didn't wait tp tliear no more , I got on
my mule an1 wentvback home as fast as I
could. That country 'bout the Rio Grande
Is the blamedcft country for hangin's I over
seed. "
m
HurryliiW the AVnltrr. I
A rural visitor at a LouUvlllo restaurant
the other day had his first experience with
waffics. Ho had stumbled upon them some
how In his , bllloffareand stemed to bo
overjoyed with thei flavor of the novel edible.
So great was his power of walllo consumption
that he kept 9ils waiter at a lively pace be
tween hU table and the kitchen. Even then
the waffles didn't coma fast enough to keep
up with his appetite , and ho made this help
ful suggestion to the waiter : "Say , mister ,
bring along them cakea a little faster , can't
you ? They're powerful good eatln' , an' I
ain't goln' to etop till I git plum full. TO1
that feJler out there ho needn't stop to put
that prlntln' on 'em Jest send 'em In plain. "
WAY OUT OF THE DIFFICULTY
Senator Waterman Has n Flan to Settle the
Soldier Monument Squabble ,
ALL FIGURES TO BE ALLEGORICAL
\o ItecoKiiltlnti for Individual * Either
I.UItiK or Dead liii ( to He llfitl-
caleit to Entire Soldiery
of the Slate.
t ES MOINHS , Jan. 31. ( Special. ) Sena
tor Waterman has thrown n bombshell into
the senate by presenting the following
resolution , which Is said to have the en-
dorremcnt of every soldier In the senate :
Whereas , The state of Iowa hap under
taken a most praiseworthy and patriotic
work of erecting a monument to the honor
and memory of her soldiers and fallors ,
and for the furtbopurpo o of having within
her borders n tangible and lasting udtnonl-
tlon to future generations to preserve the
union of these states and ever defend our
flajr , the emblem of liberty and symbol of
American Institutions ; and ,
Whereas , Said monument was designed as
nn expression of gratitude to the Iowa
soldiers and sailors , one ami nil alike , with
out semblance of favoritism or regard to
rank , for the patriotic offering of lives upon
the altar of our country ; and ,
Whereas , It Is currently reported that
the monument commission proposes to place
upon said monument medallion portraits
or statues of sixty-six persons o u of 60.-
000 Iowa soldiers , which proposed action Is
causing great < ll.csntlfnctlon and abating
the Interest of the Iowa foldlers and sailors
In the completion and Imppy dedication of
the monument ; therefore , be It
Resolved by the senate , the house con
curring , That the monument commission be
directed to place no ImnKe or mednl.lon
portrait of any man , HvhiK or dead , upon
said monument , or append thereto any
figures other than such ns are typical , ns
Eiich special recognition exalts one soldier
above another of equal or more deserving
record.
This resolution will como up for action to
morrow.
INSURANCE MATTERS GETTING WARM.
The farmers' mutual Insurance companies
are unanimously opposed to being "boxed
up , " as contemplated by the Insurance com
mittee of the senate. Under the present law
they are unlimited In their scope and opcra-
t'oi.s , and do not take kindly to the proposi
tion to limit their membership to 2,000. Sena
tor Kllburn has Introduced a substitute which
requires these associations to have a mem
bership representing $100,000 of Insurablc
property before | commencing business , to
which all these associations are agreed , but
not restricting them In any other manner.
The fanners' muttials have many strong
friends , especially In the lower house , and
the efforts to cripple them in their operations
will probably fall. Senator Kllburn is em
phatic In condemnation of what ho terms the
underhand efforts of the old line companies
to deprive the farmers of a cheap , safe and
reliable means of Insuring their property.
Tre following was the most Important till
Introduced into the senate today. It was
presented by Senator Bell of Jefferson and as
will be seen applies the valued policy prin
ciple to losses by fire , hall storm , tornado ,
plate glass and covers all Insurance on stocks
and merchandise :
Whenever any policy of Insurance shall be
written to Insure property of any kind and
the property so destroyed shall be dam
aged without criminal fault on the part of
the Insured so ns to make such Insurers
liable on such policy , then the amount of
Insurance written in such policy shall be
held and considered to bo the true value
of the property , and the loss or damage
shall be estimated or adjusted on the basis
or valuation as contained In such policy of
Insurance ; provided , however , that such
policy of Insurance was not obtained by
falsely and knowingly misrepresenting-
value of said property.
Sec , 2. Whenever any property so Insured ,
shall be wholly destroyed without criminal
fault on the part of the Insured the amount
of Insurance written In such policy shall
bo held and considered to be the true
amount of loss and measure of damages
when destroyed and the Insurers shall pay
the full amount for which the same was
Insured ns stated In the policy.
ROUTINE BUSINESS OF THE DAY.
The senate consumed almost the entire
morning session In tbo consideration of the
Phelps bllj ; prohibiting the manufacture and
sale of cigarettes. The measure was attacked
by Senators Ellis and Cheshire as being too
sweeping In its nature , and providing ex
cessive penalties. Section 3 was stricken
out.
Senator Phelps tpoko at length In defense
of his bill , dwelling principally on the great
harm the physicians were agreed the habit
of smoking cigarettes was doing to the youth
of the land. He said further that the man
ufacture was almost entirely In the hands
of a huge trust , with all of Us factories lo
cated In the east and south. Senator Berry
also defended the bill.
Senator Harper believed It was an cn-
croichment upon the "personal rights" of
the people , and thought parents should teach
their children to let the vllo things alone.
Like Senator David B. Hill , "ho was a dem
ocrat" and did not believe in laws to cor
rect his bad habits , for ho bad none.
( Laughter. ) The bill passed.
The senate held a session this afternoon de
voted to memorial .services on the death of
Hon. I. W. Baldwin of Dubuque and J. M.
Rca of Grundy Center , former members of
this body. Addresses were delivered by
Serators Sargeant , Funk , Harper , Benson ,
Ellis , Rowcn and others , all highly eulogistic
of the public services and personal worth of
the deceased.
Tt.ero is a general feeling In both branches
nf the legislature that the Australian ballot
law now In force Is entirely too cumbersome
and expensive and that the cards of Instruc
tlon now Issued are too lengthy and complex
to be easily understood by the average voter.
To remedy this Senator Carroll has intro
duced a bill to simplify the law , abolishing
the circle designating each political party ,
and requiring the voter to mark In the
square opposite the name of each candidate
he desires to support. '
The house was not ready to limit the tlmo
for Introducing bills , and rather than
precipitate- discussion on the matter the
friends of the proposed action postponed consideration
side-ration of the resolution till next Tues
day.
day.Among
Among the bills Introduced In the house
were the following :
13y Crow Requiring the assessor's Htnmp
to bo placed on all promissory notes and
other evidences of Indebtedness In order
to make them collectable.
Ily Gurley Defining the legal status of
bicycle riders on the public highways and
granting the wheels the eame rights us
ordinary vehicles.
By Ilendersbot Providing for the appointment
mont of a state examiner of nil county of
ficers.
By McNulty Prohibiting- telephone com-
Ranles from charging- extra fees for send-
ii ? messages across county lines.
By Nolan-Providing for the submission
of public questions to a vote of the people
nt each general election on the principle
of the Initiative and referendum.
By need Providing for free text boolca
for pupils In the public Bchools.
Will I'rotect Their 1'iitroiiH.
DBS MOINES , Jan. 31. ( Special Tele
gram. ) W. P. Jewett , land agent of the
Sioux City & St. Paul rood , Is in the city
looking after the Interests of his road In the
contests over the disputed titles to prop
erty included In Its grant In northwestern
Iowa. Jowett brought with him all the
papers of the railroad bearing on the cases ,
Ho is looking up the cases of all persons
who bought lands In the disputed section
from the road. The department in Washing
ton has ruled that settlers who hold by
titles from the road shall liavo preference
in making entries , and will bo required to
pay only $2.50 per aero to perfect their titles ,
The road will see that all entries are properly
made for them and will make the payment
required by the government. The road has
maintained a fund over since the lltlgitlon
was started a number of years ago to guard
agalnet the danger of a contest over titles.
It will warrant every deed good without a
cent of expeiu < o to holders of the property ,
1'i-ciillnr I'oliit of I.IMV I'anNetl On ,
SIOUX CITY , Jan. 31. ( Special Telegram. )
District Judge Ladd today dismissed the
case of D. C. Hilton against the Bloux City
& Pacific road on a. decidedly novel point
touching the etntuto of limitations govern
ing Uiu commencement of action of the kind.
Hilton was Injured In an accident on the road
when ho was 15 years old and under the state
law had one year within which to commence
suit after attaining his majority. The action
was commenced on his 22d birthday and the
question arete as to whether the plaintiff be
came of age on his 2Ut birthday or the day {
preceding. The court sustained th * latter
view. The CMC < s the flrrt of the k nd ever
decided In the state nod will BO to the supreme -
promo court. _ > * _ :
HOT KiiyiT ox A r
lie * .Mnlnct Slim Determined in He
VlmlleaUMl liy n .Tnrj.
DE3 MOINKS , Jan. 31. ( Special Tele
gram , ) J. K. Mnccombcr , attorney for J. U.
Locke , who recently wied the Chicago Chron
icle for $50,000 for libel because It connected
him with a. charge of grave robbery in this
city , has K rnlshced nil newsdealers In this
city who sell the paper and will bring like
proceeding ngilni't all newsdealers In the
stale who handle the paper. He proposes
to hold their receipts from the sales of the
paper , pending a Judgment In the case. The
overtures looking to a settlement of the case
have resulted In a failure to reach terms.
loua Counly Heeorder to Steel.
DES MOINKS , Jan. 31. ( Special Tele
gram. ) The county recorders of lown will
meet In nnniMl convention In this city
February C and C. There will bo n large
attendance , ns the meeting Will consider the
bill before the legislature to establish the
Torrans syslcm cf land titles In Iowa. Thcro
Is expected to bo a long fight over the meas
ure. _
Salary ( JrnlililiiK No Crime.
DUBUQUE , la. , Jan. 31. ( Special Tele
gram. ) The Indicted mayor and council ap
peared by counsel today and were given until
Monday to plead. They will demur on the
ground that salary grabbing Is not a crime.
TOO TAT TO SIXIC.
A Woman Who Konnil One Method of
Sill eld e I in in-net lea lile.
At Anns Mills , a little hamlet near New-
vllle , Pa. , lives Alexander Geese , a well
known farmer and respected citizen , says
the Plttsburg Commercial. His wife , Sarah
Jane- Geese , has a reputation as being one
of the heaviest women , If not the heaviest , In
the county. Of recent years her weight has
bcn steadily Increasing , until now she weighs
over 300 pounds. She and her husband have
twelve children , and their domestic life has
been happy , but her size has evidently preyed
upon her mind , making her despondent. Yes
terday morning she left her homo and pro
ceeded to the banks of the Conoclogiilnct
creek , a stream about 100 feet In width , wh'ch
runs near her home. She took her position
on Gallows bridge , and Jumped Into the deep
stream , swollen and muddy from the recent
rains , proposing to end her troubles.
She had neglected to consider a-subject
which has an important bearing on a pro
ject euch as hers , that of specific gravity.
She was too fat , and despite her most des
perate efforts her body would not sink , and
although she tried to hold her head under
long enough to drown herself , the did not
succeed. Her heavy body turned over and
over , and finally righting Itself , floated
peacefully down the stream , with the head on
top. By , this time the woman was nearly
frozen , and made no further efforts to end her
life. For three hours her body floated
calmly on the stream , unobserved , gradually
floating downward with the current. She
was finally discovered and rescued. She
will recover.
WBATHEH FORECAST.
Fair , irltli Mprht WeHtcrly WlnilH for
XebritHkii.
WASHINGTON , Jan. 31. The forecast for
Saturday Is :
For Nebraska and South Dakota Fair ;
light westerly winds.
For Oklahoma and Indian Territory Fair ,
except showcrH in the extreme southeast
portions : slightly colder ; northerly winds.
For Missouri Clearing In the early mornIng -
Ing ; cooler ; northwesterly winds.
For Iowa Fair and slightly cooler ; north
westerly winds.
For Kansas and Colorado Generally fair ;
northwesterly winds.
For Wyoming Fair ; variable winds.
I.ocnl llecord.
OFFICE OF THB WEATHEU BUREAU ,
OMAHA , Jan. 31. Omaha record of tem
perature and rainfall , compared with the
corresponding day of the past four years :
Raymond
JEWELER.
family
Many an opulent chest
of family silver be
gan with the little tea
spoons made by < * * * * *
GORHAM & 6Q years
ago , and contains to-day
no piece that isn't Gor-
haml What a legacy of
art and beauty to hand
down to the children !
and to their childrenalso
Too good for Dry Good * Stores
9 Jewelers only ,
The reason \\o eonflno onrsolvcH to florliam'
Silverware IH bccauuu H'a tliu only ically t-ooJ ,
C. S. RAYMOND ,
8 B. Corner IMU and
Pure Food : aM.rBuckwheat ,
WRIGHT'S MILLS , Berlin. Wla ,
Special Notices-Council Bluffs
WANTED. GOOD HECOND-HAND MJUDBH ;
must ti cheap. Adiireu UcLuunlilIn , il
cfflc * .
IN A FEW WORDS
Sndferfr * from 1'IIcn Mny t.rnnt of *
Iliiriiilo * * , Iitmlluir Cure.
There arc plt-nty of pile- cures which Rive
roller find sometimes euro A mild case of
piles , but tliorc l < only one which cnn bo
depended upon with certainty to euro ob-
stltmte , lonR-Mnndlng cases , and thai Is th
Pyramid I'llc Cure.
Indorsements mid testimonials nro ro-
celled dally from men and women whoso
InttRrlty And reliability arc above question
and In tlilt connection n letter deceived from
thi Ilcv. Jns. \Vcsbrool of llrowne , Mich. ,
may bo of Interest to pllo sufferers who hnvo
sorght In vain for a cure. Itc say :
I have used the Pyramid Pllo Cure and I
know that It Is all thut Is claimed for It. I
had been troubled with piles more or less
for about eighteen years and 1 had tried * . * J
other roniL'dles , but the piles urow worse
ui.tll about ten months ago I used the
Pyramid Pllo Cure. It gave almost Instant
relief and I have been free fiom piles ever
since. Hov. Jas. II. Wcsbrook.
Mr. Frank Smith , the well known and
popular druggist of Ypsllantl , Mich. , In
speaking of the Pyramid Pile Cure says :
"A year cpo t rolil 0. C. Potter , 119 Ham
ilton St. , Ypsllantl , Mich. , a box of the
Pyramid Pllo Cure. Ho made the following
statement to mo today : "I have been
troubled for twenty joars with Itching piles.
Have tried nearly everything that promised
relief , but gut very little help until ono
year ngo I called on my druggist , Frank
Smith , and got a box of the- Pyramid Pllo
Cure. The ono box used according to direc
tion , was * In my case , a perfect cure as a
year spend without any symptoms of the
trouble hus convinced me. "
Although n comparatively now remedy , Its
popularity Is such that all drucirlsta now
sell It : If your druggist hasn't It In stock
he will get It for you If you ask him at BO
cents and $ t per package.
A pamphlet describing the cause and cure
of piles sent free by addressing the Pyramid
Co. , Albion. Mich.
_ _
WRIGHT'S
WrlRht'a Mlllo , Berlin ,
NEW DOKANY.
Elliott Alton , manager.
One night only Tuesday ,
February 4.
FIHST GRAND PRODUCTION Of
! WITH
A , II , PALMER'S '
Unrivalled company , under
the direction of William
A , Brady.
Positively only visit of the sensation
of the age.
Dramatized by Paul M. Potter , from Du
Mnurlcr's celebrated novel.
THE PLAY DBTTBH THAN THE DOOIC.
An ImmonNC popular trluiuplil
lloiuKlfiiltv HtiiKfilt
Ailiiilralily nclcilt
The success of the year In Now York ,
Boston and Chicago.
The sale of seats will begin Monday morn
ing at the box office.
PRICES n.OO , 75c , GOc and 25c.
Itctiirn of tlic MdNcot Attraction , 1
Coijiedif
In a repertoire of new plays , songs an4
dances.
On Saturday Evening ,
"DAD'SQIRL- "
Wo still have the same company as when
hero the last time.
Matinee Saturday Afternoon :
"Tom
Scats on sale at the box ofllcc.
PRICES-lOc , 20c , 30o
ST , BERNARD'S ' HOSPITAL - ' |
AND RETREAT FOR '
THE INSANE ,
In charge of th
This widely known Institution lias been
doubled In size during the past summer and
rnado one of the most modern and model
Institutions of Its character In the west.
The new additions will be ready for occu
pancy by the first of the year. When fully
completed , accommodations will bo afforded
for 300 patients. It Is beautifully oltuated ,
overlooking the city of Council Bluffs. A
full staff of eminent physicians and trained
nurses minister to the comfort of the pa *
ticnts.
SPECIAL CARE IS GIVEN
TO LADY FATBENTS.
TERMS MODERATE
For fuller particulars , apply to
SISTER SUPERIOR
Council Bluff B , la.
1
TWIN CITY DYE WORKS I '
"f'
Clothing , Dresses a.nd 'IFousliold ? Gmdi
DYEINfl AND CLEANING.
OMAHA OI.'KKi-lft21 ! : Fnrnnin. Toi. 1521.
COUiNUIlHMJI'Vrt Worlw iimi Oillce , Cor
Avo. A iiiui'JOUl Ht. Toi. 310.
Send for prlco list.
OF
Council Bluffs , Iowa.
CAPITAL , $100,000
wi : SOMCIT YOUH HUSIMHH ,
WI3 UKSIIIH YOUIl COLLECTIONS.
OJVI2 OKTIIIS 01,1112ST IIANKg IN IOWA.
I'KIt CUNT I'AIII ON TIMK D
CALL AJVU HUU UK OU WHITE.