WHAT IS EXCESSIVE BAIL
OonsMorations Which "Weigh with Courts in
Determining the Amounts ,
NO SETTLED RULE OF ACTION
Pertinent ( lurntlnim Annirrrcit 1 > r
Jtiilfron timl Kx-Jmlttc * of I.ocnl
Coiirtx Tlieory nnil 1'rnc-
tlcc
? n view of the general Interest manifested
fn the subject of bull , The lleo addressed the
follow Ins questions to a number of Judges
and ex-Judges of the local courts :
"On what theory should the ball of a per
son accused of a crime be fixed ? "
"What circumstances should be taken Into
consideration In fixing the amount of a
bull bond for a man charged \\lth the cm-
bezrlcment of , " say $50,000 of public funds ? "
The following replies have been received :
JUDUB SLABAUOII.
In answer to your first question , "On what
theory aliould the ball of a person accused
of crlmo be fixed ? " would eay that the main
object MURlit In fixing ball Is to provide a
means whereby a person charged with crlmo
may not be Incarcerated , but nhnll bn forth
coming for trial. Ultimately. Its object Is
to Insure hla appearance for trial. IIy com
mon law a refusal to admit to ba'l ' In ball-
able cases was a misdemeanor. It la now
considered a judicial act resting solely upan
the discretion of the court , subject to ths
limitations provided In national and state
constitutions , that "excessive ball shall not
bo required. " A limitation so necessary ap
parently that the experience of years has
demonstrated that It bo Inserted In , nur
fundamental law an remote as possible from
all opportunity to bo modified or obliterated.
And our courts frenuently suecest the ob-
dorvanco of such provision ? .
In the case of Miller against Wood ? , 23d
Nob. 209 , the last remark of the court In the ,
opinion of that case la as follows : "Although
tnoo Is no pvint made In the case upon
the amount of bal ! demanded by the justice ,
of the plaintiff ( this was a case of false Im
prisonment ) I deslro to tny for the benefit
of the lower courts tint sight should not be
loft of the provision of our constitution that
excessive ball shall not bo required. Con.
Art. I , oac , 9. "
Dall Is not demanded as a method of pun-
Uhment for It la most generally asked and
given before a person's guilt or innocence
Is determined. It Is demanded and given
simply for the appearance for the trial of
a person charged with crime.
.Many things arc to bo considered In fixing
the ball , of which no person knows BO well
as he who Investigates the case and becomes
thoroughly acquainted with the facts and
circumstances surrounding It.
The question should be , what Is the least
ball that will cause the appearance of the
person for trial. The court should consider
1 the pecuniary condition of the person ; his
probable ability or Inability to secure a bond ;
the probability or Improbability of the per
son appearing for trial ; the condition of thu ,
times , perhaps , and , therefore , the difficulty
or ease In securing surety ; the nature of the
crime , the strength of the evidence against
the person ; the severity of the punishment
and the character of the person charged , and
msny other things that a person would con
sider very carefully If the responsibility of
fixing ball were Imposed upon him.
In other words , what ball will Insure the
appearance of the defendant ? Keeping In
view the positive admonition , "Excessive
ball shall not bo required , " courts must use
their best judgment. That is all they can
do.
do.They are walking , In such case. In the
darkness just preceding the dawn ; they
must divine" the future ; they must determine
before tr.'al many things , as above suggested ,
that never could In the wisdom of man be
definitely determined.
My foregoing statements are an- answer
to your second question InUs Indefinite
form. W.V. . SLABAUGII.
'JUDGE FAWCETT.
I do not feel that I ought to enter Into a
discussion of the subject which you refer to
me , for the reason that my views might not
exactly coincide with the views of whichever
Judge may , frym time to time , be In charge
of the criminal division of our court. AH
that I feel at liberty to- pay Is , In a general
way , that Uie court when fixing the ball of
a person accused of crime , should always
take Into account the particular circum
stances of the case and fix the ball at such
an amount as would , In the opinion of the
court , produce the accused for trial.
J. FAWCETT.
EX-JUDOE WAKELEY.
Iteplylng to your Inquiry , as to my views
In respect to the amount of hall which should
bo exacted In certain cases , I will say :
In my professional life I have , so far as
I could , avoided practice In criminal causes ,
and do not consider myself specially quali
fied to speak on matters connected there
with. I can state only general views.
The bill of rights , which Is part of the
constitution of this state , provides , by suction
9 , as follows :
"All persons shall ba bailable by sufficient
sureties' , except for treason and murder ,
where the proof Is evident , or the presump
tion great. Excewlve ball shall not be required -
, quired , nor excerslvo Jlnes Imposed ; nor cruel
and Unusual punishments Inflicted. "
Save. In the excepted cases , admission to
' ball Is mandatory leaving the court or
magistrate , only the .discretion to fix an
amount reasonable , or not "excessive , " un
der the circumstances.
No unvarying rule as to this can be stated.
Each case must rest largely upon Its own
facts. The theory on which ball Is permitted
IB :
1. That the accused Is presumed to bo
Innocant , until proven to ba guilty.
2. That the civil liability of the accused
to the state , or to sureties , who may be sub
jected to liability or trouble on the bond or
recognizance , and his fenao of obligation to
tlioso who thus befriend him , will probably
ii.duco him to attend court , and submit him
salt to trial. A man of wealth , or largo re
sources , niny easily secure a bond ini a largo
sum : and then , It ra d'sposc.l , afford to for
feit It by fleeing from Justice ; nnd to In
demnify hla sureties If , thereby , ho can avolc' '
the danger of punishment. But a man ol
email or moderate means , or of little per
sonal credit , or having few frlendo , may bo
wholly unable to oecuro bondsmen for a
largo sum. Ball , In his case , may. bo "ox >
ccsaivo. " which , In that of a wealthy or In
fluential parson , may bo quite reasonable.
Another consideration Is , that , while the
accused may , If at largo on ball , escape from
'tho country , he will not usually bo able
thereby to avoid trial and" punishment.
For all porloua offense , ) , Including felonies ,
extradition la allowed from every state In
the union , and from most foreign countries
with which wo have treaty relations. This
lessons the Inducement to flight , and the
probability that the criminal will escape final
trial and conviction , If guilty ,
The amount of ball to be exacted should
liavo a strong relation to the extent of pun
tshment for the offense. In the case which
you put , of alleged embezzlement of public
funJs , the punishment under'our statuteIs
Imprisonment from ono to twenty-one years
In the penitentiary , an < > a fine In double the
amount embezzled. It la evident that upon
such a charge , the Bum which the prellml-
: rary proofs chow to have been probably
p embezzled , should have .an Influence upon
the amount of the reallzance exacted , To
what extent it should bo controlling , muut
bo left' to the court or magistrate , In view
of all the clrcumrtances and considerations.
Tlio probability of guilt and of conviction
should bo Influential In prescribing tbo
amount. Manifest danger of punlshinont , of
ccurro , Increases the temptation to forfeit
the bond and avoid trial , "The wlckeJ lice
when no man pursueth. " The contwlousneis
of Innocence la a safeguard to the state that
the accused will welcome a trial and abide
bis fate , E. WAKBLEY.
EX-JUDGE OQDEN.
In response to youn Inquiry , I will say , In
answer to the first question , that ball for
ono accused of crime Is tlxcd In the sound
discretion of the Judge or examining magis
trate. In do'UK so , ho must take Into con
sideration , the nsture of the offense , the
character , ago and previous record of tbo
accused , and most Important ot all , tha
probability or Improbability of tbo accused
appearing at tlu day inmed In the ball
bond for arralgnient , and thereafter for trial.
ach cast depends upon Us particular facts
and surrounding circumstances. In one ,
merely nominal bond could be required If the
Judge was satisfied that the accused would
not become n fugitive. In another case a
much heavier bend might be required If the
magistrate or judg was satisfied there were
probabilities from the nature of the offrnsc
or the character of the accused , that he
might not appear as reqnlrcd by the con
ditions of the ball bond.
Our Rlato constitution provide * that ex
cessive btll shall not be required , which
means , where the offense Is balhble , the
amount should not bo to largo as to practi
cally prevent one procuring the tame. With
thin limitation , the whole question of ball
Is one of sound discretion on the part of the
judge ; having In view all cf the facts In
each particular cae. This would apply or.ly
to th class of bailable offenses ; for under
our constitution , treason and murder are
not Included "where the proof Is evident
or the presumption great. "
In reply to the second Inquiry , I would
say that much which has been stated In
reply to the first , would apply to the latter ,
"Who Is the accused ? What are his ante
cedents ? His ago ? General character as a
criminal ? Is he liable to 'jump his bond1
What Is the nature of the crime charged
What ore his family connections ? " All these
arc circumstances which should be taken
Into consideration Hut always , most Import
ant of all , < a the Inquiry , "Is there any
probability , from the ball being light , ho
will abscond ? "
If you have any doubts as to the latter ,
the ball yhould be fairly large ; If on the other
hand , the probabilities are Inconsiderable
that ho will escape , the ball should be small
and In some cases nominal.
CHAIU.ES OdDEN.
EX-JUDGE KEItQUSOX.
A Ugnl presumption exists In every case
whorp an Individual Is charced with a
crime and placed under nrrost upon a
proper Information that he U InnociMit. Th's '
piostimptlon must bo overcoma by evidence ,
anj ( hi ; burden of proving or ciUbltshlng ,
his alleged guilt rests upon the ruto. The
Information Is filed and the aryes : made
In HIP Fist Instance , and upon l'io prelimi
nary 1 carirg the defendunt U he'd to kail
upon what Is termed In the -law
probable cause ; that Is , that thee la prob-
iibl'i c < nse ; > that a crime ru. . * been com-
I'.iltlnl. ord that the accuscJ IK guilty. Thu
Individual Is then commute ! to custody.
In nest cases ball Is fixed , li : default of
which the defendant must romuln In CMH-
flremrr.t. The personal liberty of tha In
dividual Is of the highest Importance. In
all free governments , and when arrested
fen crime one of the reayini which In
all ballablo cases he Is allowed his liberty
upon giving a bond Is that he may pre
pare for his defense. This In many cases
h ? could not do If deprived of nl" ) personal
liberty. When released upon bond hn has
the opportunity to make ready his defense
by obtaining witnesses which might , be dif
ficult If not at liberty , as In micl > case ho
would have to rely wholly upon the assist
ance if counsel-and his frloids. In a legal
sense , by giving ball ho , li not rcloasc.l
wholly from custody , but Is simply given
his perroncl liberty. 1 < Ball Is a delivery
of n person to his ! suretlc * . uoon their glv .
Ing , together with himself , aulflc'ent secur
ity fcr his appearance ; ho balnqr supposed
to continue In their friendly custody Instead - ,
stead of going to jail. " His brmdsmnn have
the right to surrender the accitied at ar.y
tlmo and be relieved from liability on the
bond. Our constitution provides that exces
sive bail shall not be required , and the first
and only consideration that should be In
the mind of the court fixing the amount of
ball Is to require such a bond that beyond
all question will compel the appearance of
the defendant at the time of trial. Any
thing beyond this would be unjust and op
pressive. The bond should be large enough ,
taking Into consideration the magnitude of
the offense , as to a moral certainty will
satisfy the court that the sureties will see
that the defendant will appear when the
case Is set for trial. In a charge of embez
zlement the amount of property alleged to
have been taken should largely enter Into
the mind of the court In fixing the amount
of ball , and It should be In such sum as
the court Is satisfied would compel the at
tendance of the defendant when legally re
quired. A. N. FERGUSON.
EX-JUDGE DERKA.
The bond Is fixed on the theory that a
person should answer ' 'to .crlmd charged
against him. The ball bond takes the place
of his body. It should not be excessive.
The law favors a reasonable bond. The
statutes do not usually fixed the amount of
bond , so the amount of bond must bo de
termined by the judge from the circum
stances In each case ,
There are some rules that courts recog
nize In determining what the ball bond
should be the enormity of the crime from
Its moral and legal aspect and the penalty
prescribed 'or such crime , and the ability
of the person to furnish bond.
It might be excessive In one case and not
In another. If the person's means are lim
ited It should be less. If the person Is a
noted criminal that should bo taken Into
consideration. It he bears a , good reputa
tion ho should have the benefit of it. It
ought to bo placed In the judicial scale In
weighing the amount of the ball bond.
If the defendant made his escape from
the Jurisdiction of the court , or attempted
to conceal himself , his ability to escape. If
ho has a family , or Is easily Identified
these should be taken Into consideration.
Some conditions or circumstances cluster
around every case that make an Impression
on the mind of ono who has the duty of
fixing the amount of bond. The prosecut
ing attorney plays an Important part In
the matter when the question Is raised what
the bond should be. He knows whether he
has a strong case against the defendant or
not , and just In that proportion he Is Im
bued or stimulated to Insist that a heavy
bond should be given to secure the attend
ance of the defendant. The prosecuting at
torney sometimes recommends' 'what the
atrount of bond should be. He evidently
docs not see or read his tltlo clear. A
doubt Is lingering upon his mind as to his
srccess In the matter. Sometimes where &
reputed criminal Is charged with a crime
and the evidence Is weak , tha prosecuting
attorney has no hope of conviction. In that
particular case the , court Is justified In
making the bond light. If the defendant
should escape from the jurisdiction of the
court the people would bo ahead. They
would be rid of a criminal character. Wlmt
the amount of bond should be In a case
where a man Is charged with stealing J30-
000 of public funds depends on the circum
stances of the case. LOUIS BBIIKA.
MKICKI.VG MGIIT.
Boston Gazette.
Perhaps some sago can tell me , for Indeed
I'd like to know ,
The secret of the titles that I hear where'er
I BO.
There's Urown , who studied medicine , attain.
Ing some renown ,
Whoso iwlfe I hear referred to now as
"Mrs. . Dr. Brown. "
What reason for the custom can the wlso
one tflvo to me ?
Why not PS well refer to her as "Airs.
Brown , M , IV
Because O'Shea Is on the bench why should
we always tay ,
In wcaklng of his charming- wife : "There's
Atrs. Judge O'Shea ? "
Is she a Judge by marriage ? Was she
wcdileil to the court ?
There should bo some good reason why the
tltlo Kha shoulJ sport.
If one fcluuld wed u Justice , pray , advl&o
mo , would she be
Entitled to be known to all as "Mrs. Jones ,
J. l'.7"
If not , what reason can we give for speak
ing as we do
Of "Mrs. Major CannonbaU" or of "Mrs.
Bishop I'ow ? "
Do titles go to families for use of cv'ry one ?
Anil If they do. why aren't they used by
ilaughtcrH and by son ?
Why not a "Miss Lieutenant Sharpe ? " Why
not u junior , too ?
At leant lot's be consistent In the things
we try lo do.
DO YOUH UIS8T.
IteoorJ ,
When everything- seems gone to rack
Don't alt down and feebly grieve ;
Try to lure your good luck back-
Do your best and make believe.
Although the world has got you down.
Do not whimper In your sleeve ;
Insure your soul against Its frown-
Da your best and make believe.
If still good fortune drawa not near-
Foes attack and filends deceive.
H yet your own tftrongliolcl of cheer-
Do your best anil make believe.
Yes make believe that fate will mend.
Make bellevo tlmo will retrieve ;
Court sxveot Illusion to thu end-
Do your best and make believe ,
THE Ol All A BEEt , FEBniTAKY 10 , 1890 ,
SORROW'S ' SHADE ON ROYALTY
Moro Shadow Than Sanguine in Britain's
Reigning llonso.
DEATH NO RESPECTER OF PERSONS
Matrimonial Alllnticen llinnn-il Yrlth
1'cnr * niiit Siiuruliril vrllli llcnrl-
Triirlnir flip
CHUMP * .
BOSTON , Mais. , Feb. 10. ( Correspondence
of The lice. ) The death of I'rlnce Henry of
Datlenbcrg , Queen Victoria's son-in-law , re
calls other unhappy relations of English roy
alty and nobility.
The people were hopeful that the queen's
youngest and favorite daughter , Beatrice ,
would' marry an Englishman. Wheri , In
1SS5 , the marriage with the young and penni
less German prince took place , and the
nation was called upon to pension another of
the queen's largo family , when she was
abundantly able to provide for the young
couple from her own vast wealth , there was
a true enough protest. Although there was
strong complaint at thus having to furnish
support for another foreign princeling , the
pension MOB , of course , granted by the loyal
English people.
The fact that Baltcnbcrg's lot for the
past ten years has been unhappy Is well
known. His cruel death only occasions repe
tition of the embarrassment ! ) and Indignities
heaped upon him by his august mother-in-
law's faithful and loyal subjects. Finally
endurance could endure no longer , so Prince
Henry In company with Prlnco Christian's
soldier-son , a grandson of the queen , set
out for the war , as a field presenting a
possible chance for distinguishing hlm-
The queen now has two widowed daugh
ters , her eldest and youngest , and a widowed
daughler-ln-law , the duchess of Albany , the
widow of Prlnco Leopold , the queen's young
est son. It has been frequently stated that
Lord Roscbcry desires to marry the duchess
of Albany , but that the queen will not allow
It because she does not believe In second
marriages. The duchess remains In her lone
state , occupied with the education of her two
children.
The union of the marquis of Lome and
Princess Louise has never been all that one
could hope for a daughter of the queen , nnd
a man so good and worthy as the marquis.
His embarrassments have been many , to
the chagrin of his family and friends. He <
seems to endure all with remarkable
fortitude.
There Is a story to the-effect that a beauti
ful daughter of an earl , one of England's
most noted families , to this day shows In
her sad face the Indelllble mark of a life's
sorrow , a heart pain given her on learning
that the marquis of Lome was to marry the
princess.
The. carl's beautiful daughter then
18 years old. had been sitting to the
great Watts , R. A. , for her portrait. The
work was progressing when the fair subject
was "called away" for some weeks. On her
return the sweet countenance bore that In
eradicable shadow , sorrow's own Imprint ;
which only a heart-blow can trace. The
change was so great that the artist men
tioned the fact and regretted that his work
had not been nearer completion , that he
might not have had to paint the changed and
unnatural expression. Had this been the.case
there would not today bo any' ' resemblance
between that portrait hanging' In one of
England's noted cistles and another of the
same person by the same artist painted
twenty years later , which hangs across the
hall. The later portrait Is familiar to thou
sands , while other thousands in England and
this country know the handsome dark face ,
Uio aad expression of which Is always noted.
The little patrician , it Is said , never re
ceived any explanation , although at a ball
given just after his engagement had been
announced , and where they met , the marquis
said to her that he would like an opportunity
, for a. word.of explanation. , The softinnswer
and gentle was , "There Is nothing to ex
plain , " though her heart was breaking. A
few years later the earl's daughter was
one of the court at Windsor , her husband an
officer of the household. A party of royal
ties was one afternoon driven to the castle ,
Princess Loulro and the marquis among
them. At the royal entrance the prlnceq
was heard to say to the marquis that his en
trance was "the. other door. " How that bit
ter remark cut to the heart the one who
knew so well the superior man , even though
ho was not royal ; he with whom her girlish
heart had pictured a happy future.
It docs not Deem quite possible that a mar
rlage of parties of such unequal rank could
result in happiness. Princess Louisa may
enter the door through which her husband
enters the castle or royal palace , but her hue
band may not enter through the door of roy
alty. That portal Is sacred to royalty only ,
yet It may cause many a heart-p ng , or rip
ple domestic , to say naught as to the self-
feeling of Inferiority that certainly cannot
conduce to happiness In man or woman.
YEARS HAVE ROLLED BY.
Not long since the earl's daughter , ( now a
famous woman , her , fame entirely achieved
by her own exertion , her study to make
herself a place In the world's affairs as
nearly as possible comparable with the
proud eminence acquired by some of her
Illustrious ancesters , was called upon to
address a great meeting. There would been
on the platform many of the mos't noted men
and women of England. It was an occasion
of a lifetime for a woman , even In ttiei > 3
liberal days , to appear on that platform
among so many of .her peers , but few , If
any , of the number In sympathy with the
sturdy course she had been for years per-
suing as an advanced woman. Then , too ,
the duke of Argyle , the marquis of Lorne'a
venerable father , was to preside , and of
course deliver the opening address. The
earl's daughter was equal to the occasion ,
and it was a remarkable sight to witness her
rlso amidst Indescribable enthusiasm and
cheers frcm the audience. It was the wel
come of the evening , and was from the
who showed their knowledce of her
great efforts and appreciation for her sym
pathy. When the cheers subsided and she
addressed "My Lord Duke , " she proceeded
to deliver her speech of only ten minutes ,
but not excelled In any particular by any
speaker of the evening. To have pictured
such a scene , to have thought of such an
effort from that woman at the age of 18
years , would have required a severe strain
on Imagination.
The earl's daughter lives a devoted life
In trying to do gooj In the great , busy world ,
happy In the love cf an only son. The union
of the princess and marquis has not been
blcsscJ with children , a grave disappointment
to the Argyles , and to Scotland , where they
are looked upon as being almost royal. On
the wedding day of Princess Louise , a gentle
and loyal Scotch woman was heard to remark
"this Is Indeed a proud day for the queen. "
An Argyle had won her daughter.
All the world knows of the sorrow and
disappointment of Victoria , princess royal of
Great Britain , Though the queen's flr t
bDrn , she was set aside from the succession
by the subsequent birth of her brother. At
the early age of 17. she married Prlnco Fred- '
erlck William of Prussia , heir presumptive
to the crown.
There Is no doubt that the earlier years
of her wlfehood were painful. It was Indeed
a sad change for the high-strung , t-plrltetl
young prncclss from England , where the
queen was the head of the state and the
advance of woman hail commenced , to Ger
many , where the position of woman was
so different , and It ls yet. The princess was
well endowed Intellectually , and In every
thing fitted to adorn the high station that
promised so much influence. Her promise of
Influence and power for good In another land
was almost ay much as had been forbidden
to her In England , At last , after long years
of restraint and repression of her high pow
ers , her opportunity came , but then almost
Immediately death claimed her husband , and
the widow empress of Germany for thirty
daya must give place to her son , just
as the sister had been required
to give place to her brother.
After her grief and despair the
future holds but a narrow sphere to one
of such far-reaching ambition. Princess
Frederlch , now for gome years known as
Empress Frederlch , was always happy In
the love of her husband , the nobla "White
Prince. " Her unrest and unhapplneiw came
by reason of her narrow sphere of action ,
and having no power. Carefully and dis
creetly , the princess bad done much for
nclenca and art , and to especially help In
founding and keeping up societies for the
improvement of the education and position
of women. In ill t t ( he did she. wa * sure
of the support nnd mirMies that the sanction
of her husband cortld'Kivc ' , during bl life
time , But ns to her cower or Influence In
the state , even had. ( he Germans never sus-
plcloned her , for HWuiatlons came to bo
brultod about , from Which all the great ,
whether In soul or fUtlon , must suffer , they
would have none of It. During ths Franco-
German war she was"called "the English
woman. " In derision and mockery , and sus-
plcloned of giving news of German arrange
ments to England , and that thence It was
transmitted to the1' ' JYcnch. In brief , only
sadness and dlsappiUnttijent has been the lot
of one of the ablestji rofal personages of our
time.
The sad life of tnt charming princess of
Walca Is another M-fcll iknown fact. All the
world sympathized. wtk | her when the son ,
In whom also the queen was so deeply In
terested , was taken away so suddenly.
Now that the queen Is an old woman her
sorrow at the bereavement of Princess
Beatrice will weigh' heavily upon her. the
more so because the princess and her chil
dren are always with her.
That the princess * should always remain
with her Is given as one of the reasons
why the queen eo readily assented to the
marriage of Battenberg and Beatrice , aside
from Ita being a love affair. Had the
prince been a man of affairs , or so situated
as to require taking liU wife away , It would
have been nil too sad for the queen mother ,
who was then C6 and past. The queen hag
known much of sorrow and loss since that
awful day when her own noble husband was
taken from her. In her state affairs she
lias been fortunate always , but of late years
sadncBi and trials have fallen fast and
numerous In her domestic circle.
ALL1B C. WILLARD.
VAI.H.XTI.NK'S HAY.
IVanU D. Shermnn In Lndlos' Home Journnl.
I"1' 'hough ' the skies bo cold nnd gray
And winds be wild nnd shrill
Love s messenger shall find his way
Across the vale and. hill :
For sunlight he shall have your face ,
For stars-two eyes thnt shine
Where my heart has It.i dwelling place
our own dear Valentine !
up turns to neither left nor right.
Hut
straight ahead he BOCS ;
The ? surest ' " J/J'l > fll''whoHe ' footstep light
pathway knows ;
He bears my message In his scrip ,
A song whose every line
Shall turn to music on your lip , i
My own dear Valentine !
Ohf wh < the y,3w 'I63' ' ' . llls c"G < ! r knock
upon 'door begin ,
Make hnsto to lift the.heavy lock
_ And bid young CupW In.
Ulad then shall gleam the skies above.
And g-lad this heart , of mine
To be at hist with her- love
With you , dear Valentine !
Joseph Cook , who is at Clifton Springs ,
N. \ . , is nervous , wcak.and slcepleai. Since
his recent breakdown he has lost nearly
100 pounds.
Emmanuel church. Lambeth , England , has
Just set up an alabaoter and green marble
rcredos , carved by "a worklngnmn In the
congregation In metncry of his wife.
Burglars who raided a church In Aurora ,
111. , and despoiled the sanctuary took the
precaution of testing .the quality Of cold In
tne chalices before taking them away.
The pulpit In the new meeting house of
the Second parish' bf 'Exeter , N. II. . will
be a memorial of-Jolm-jPhllllps , the founder
cf Phillips academy. The cost will ba de
frayed by his descendants.
Henry Van Cott llaHla. a boy preacher ,
who has attracted 'corislderablo attention In
Brooklyn , claimed tflbavo preached for two
years in North Carolina. An Investigation
proved -that Ho had'ln'e'ver been outside of
Brooklyn. 1 i
Rev.John A. ' Sarisera ; ! Pennsylvania min
ister , who has bepp conducting a series cf
revivals , 'was token In. His young wife
continued , conducting ; 'the meetings. Sha
preached ndmlrablp.sqrmous , and being
both young and pretty , people of the town
flocked to the church In creat numbers.
'There ' lo'a Catholic httspltal In Berlin , the
St''HedulgeiWhIcbli3fcrvedby' the Asters
of , charity. A _ reciqni. Annual rpporj , shpws
that during , the year , SG40 persons 'were ad ,
mtttorf tn ( hn lincmltnl * Clt t Mu1 4timfin. . * > 911
were'TrohKtants , ' 2&S weral Catholics and'
fifty-nine werp Jews.
Dr. Rylo , bishop of Liverpool , Is the oldest
prelate of the Church of England , the'young-
est being Dr : George Rodney Eden , suffragan
bishop of Dover , aged 43. The oldest prel
ate of the Church of Ireland , Is Dr. Graves ,
bishop of Limerick , aged 85 ; the youngest ,
Dr. Peacocke , bishop of Meatli , aged CO.
The oldest prelate of the Scotch Episcopal
church is Dr. Wllloughby Jermyn , bishop of
Brechln and Primus , aged 75 ; the youngeet ,
Dr. James A. Chlnnery-Haldane , bishop of
Argyle and tbo Isles , aged 54.
Rev. Alois Kaiser , cantor of the Oheb
Shalom Temple of Baltimore , has been re
quested to write the music for the Twenty-
first psalm , to be sung by a large mixed
choir In the Reformed Hebrew ( congregation
of Odessa , Russia , May 12 next , at special
religious services -to bo held there In honor
of the coronation of Czar Nicholas II. , which
Is to takn place that day at Moscow. This
psalm begins with the words. "Tho King
shall joy In thy strength , 0 Lord , and In
thy palvatlon how greatly shall he rejoice ! "
Alfred Andre , the veil-known banker of
Paris , was connected , directly ur Indirectly ,
with nearly every , Protestant agency In
France , and It Is said gave annually to 500
religious and benevolent societies. His
homes In Paris and In Switzerland were
gathering places for Christians of all na
tions. He was president of the national
committee of the Young Men's Christian as
sociations of France , and had a share In the
erection of the- building now occupied by the
Paris Young Men's Christian associations.
The official directory of the Catholic
church In the United States , which has
Just been Issued , places the number of
Catholics In the United States at 9,410,790.
These are divided territorially Into fourteen
archdioceses and seventy-ono dioceses , wh'ch
are ruled by fourteen archbishops. Including
ono cardinal and sixty-nine bishops. The
number of priests Is 10,348 , of whom 7,750
are eaculars and 2,592 regulars , that Is , mem
bers of religious orders , such as Jesuits ,
Paul lets end Dominicans. These priests are
In charge of 9,501 churches. Besides these
tlinrn are IS.393 other nlaces of worsliln
called stations and chapels. There are 332-
934 more Catholic church members Ijbls
year than there were lest , 285 more priests ,
192 more churches , flvo more regular semi
naries , 21,278 moro children attending parochial
chial schools and four more orphan asylums * .
U.\CLK AIIMWS l'I-AI.Vr.
New YoiU World.
AV'hen I axed Mandy , Oatcake ,
Borne llfty years ugo ,
To bo my wife nnd helpmate ,
"Twos little did I , .know
That she'd be EO durned spunky ;
So ready with herMoiinu *
To call mo an ole itunlcey
Whenever I wus \rninir. I .
Sho'B wust by ROfh-a-Tnlghty
'An a bear with a sure head ;
I never saw BO HgDitjrv/
A puHson , llvo or , ile.nd.
She's a fussln' mi' < h''fussln'
From early morn till nlKht ;
Arid she calm me alt the bloomln'
NaiiiEH. what MP.tghUjrH eay ain't right ,
Kf I BO Into the ppara .room ,
To git my Sunday L'Mtlies.
She whacks me wlitht | | / ) dust broom
Hlpht bang on to , I lie nose.
Or ef I sing In mefctlft'
And from the tune ,1. roam ,
I'm sure to git a Wann'
AH soon an I Kit homo.
My life It hain't no river
What runs 'tweeifrntossy Imnlts ,
With Borosls of th , illifr ;
And rheumatics ill my thanks.
Yet I could stmidllilu jIumor.H.
And the wildest , kind of pain
If Mumly would flrli' them bloomers
And bu herself
Coiinuiii > ) ill/n Cured ,
An old physician , retired from practice ,
had placed In his hands by an East India
missionary the formula of a simple vegetable
remedy for the speedy and permanent cure
of consumption , bronchitis , catarrh , asthma
and all throat and lung affections , also a posi
tive and radical cure for nervous debility
and all nervous complaints. Having tested
Its wonderful curatlvo powers In thousands
of cases , and desiring to relieve human suf
fering , I will send free of charge to all who
wlih It , this recipe , in German , French or
English , with full directions for preparing
and using. Sent by mall , by addressing , with
stamp , naming this paper.V. . A. Noyes , 820
Powers block , Rochester , N. Y.
Indianapolis Journal : Watts Sometimes
I bellevo In healing by faith , and Home-
times I do not. What do you think about It ?
Potts Well , I know our minuter gets
$6,000 salary , a bouse to live in. and not a
few substantial presents. It seems to me
that his faith has heeled him pretty well.
Our liberal business methods
obtain for us the patronage of all
good dressers.
i
They readily realize the saving ? j
in wearing our garments.
Asking Gash Prices , that is ,
prices with no profits added to cover
bad debts , is one reason why we
can offer such prices as :
Trousers , $4 , $5 , $6 ,
Suits , $15 ,
' It isn't alone the price it's better designs than can be found elsewhere , besides the
assortment is the largest under any roof in the city.
Garments made in one day if required.
South Sotlttl
15t.li St. SotlttlSt. .
i&J
TRAGIC SIDE OF PIONEER LIFE
Recollections of Savage Raids in the Earl ,
Nebraska Settlements ,
BASE TREACHERY OF THE REDSKINS
Cowardly HnldH on the Sottlcrn a
NnckollH Comity Umlcr the
MiiHk of Frlvmlnlili > A.
Tlirllllnir Dcfcimc.
SUPERIOR. Neb. , Feb. 15. ( Special. ) To
those cast oC the Mississippi the Indian
history of the western states is well nleh
' forgotten. Indeed , * > to some It never did
cfclgt , "but It would take many more years
than any of them will live to see to efface
It from the memory ot Iho'JA who came first
to the frontier. The prairies of Nebraska
have guarded their secrets well. In early
daye , even twenty years ago , a few piles of
bones , spear and arrow heads , with some
times a tomahawk or a rusted musket , more
often evidences of a running fight , were to
bo found In the southwestern part of the
state , and to the fertile Imagination told
many a story. Today the Otoes , Pawnees ,
I'oncas and Omahas are of the past , and the
nickering war spirit of the Sioux vanished
In the ghost dances at Wounded Knee In
1891.
In 1S02 , In what Is now the most fertile
portions of Jefferson county , occurred one ot
the bloodiest encounters , In fact In point of
numbers , the greatest Indian battle ever
fought In the western states. First Into the
state came the Pawnees , then came the Sioux ,
who tried to wrest from them their finest
hunting grounds , and war came with fcoch
day. At last this great battle 'wao fought ,
and forever established the supremacy of
the Pawnees In southern Nebraska. Their
chief was Tocpohana. The chief of the Sioux
was Gconomcmoe , an ancestor of Sitting
Bull's. At the end of the third day the Sioux
were vanquished , carrying away 3.000 dead
and twice that number wounded. When ths
settlers came , all this wa $ forgotten for a
tlmo , and the tribes banded together for
their extermination. From D. S. Comstock
of Oak Grove ranch , In Nuckolte county , wo
have a very luclil account of the terrible
raid In 18C4. Far some tlmo trouble had
been brewing , but no outbreak had occurred.
When It did come , at the hour of noon , on
Sunday , August 7 , It showed the shrewdness }
of 'tlio Indian to the utmost , nnd no
loophole as overlooked to make It
most successful. A certain number of braves
had been allotted to each settlement , and as
Oak Grove was quite formidable , forty were
sent ther * . They came Into the ranch , leav
ing their ponies a short distance behind.
The only thing unusual In their appearance
was In the fact that their bows were strung
to their backs , otherwise , there was every
evidence of a friendly spirit. The dinner
given there was eaten with many and re
newed protestations of peace , and when to
each a piece ot klnnlklnnlck tobacco was
given , these were again renewed. Then
came a signal , the bows were drawn and
these forty friendly braves were transformed
Into the most ravage of demons. Mr. Coin-
stock was away from home , but beside the
family , there were five men at the house ,
Mr. Kelly of Beatrice fell at the first shot ,
an Indian reached to snatch the revolver
from hla blt a he fell. George Comstock
was moro quick , and captured the weapon.
The revolver was In steady bands , and at
the first shot , the Indians fled to the
prairies , but three never reached the doors.
Tha dead and wounded were then carried to
the second Btory and the house barricaded.
So well was this done that the Indians
were unable' to como close enough to set It
on fire. One , ridng on a white liorre , was
more venturesome than the rest , and each
time would rldo a little closer. As It was
now dark. It was decided to shoot him upon
his next return , It was too dark to dls-
tlnguluh one person from another when the
supposed warrior redo up ; George Comstock
laUeU the gut ) to fire , when one of the
daughters , remembering that her father also
role a white horuj , called out :
"Father , is it you ? " Hack camean
answer from her father , and the shot In
tended for one Indian was never flred.
After many hours the Indians were
driven back , but became so trouble
some at times that In1 18C7
Nuckolls county wau abandoned by white
settlers. During the raid of Augui't 7 , which
extended from Fremont to the western line
of the state , few were ai fortunate as the
ComslocUs. On the morning of this same
day a boy by the name of Ullg was returnIng -
Ing home , not more than a quirter of a
mile from the ranch , ho was stopped by two
Indians one shook hands with him , the
other pierced him with bin spear ; and there ,
under the scorching summer sun , which beiti
mercilessly upon the dry prairie , ho was
left to dlo slowly , suffering untold agonies.
Not many miles to tbo northwest of Oak
Drove lived a German family of eleven mem
bers , by the name of Ubank , who had just
come from an eastern state. They knew
nothing of Indian warfare , and , at tbo first
attack fled to the woods. Bight were killed
outright. The hiding place of Mrs. Ubank ,
her baby and Mlw Uoper , would probably
have not been discovered , had not the child ,
growing hungry toward night , commenced to
cry. It was a useless burden to tbo Indians
and was immediately tomahawked. Mr * .
Furniture Co ,
1MB Farm
Bookcases $3 ° ° up
THE ONLY
Complete Line
OF
Furniture
AMD
Draperies
IN THE CITY.
Lowest Prices
Guaranteed.
Jbank and Bliss Roper wore takcir Into cap-
Ivlty , and after many months of Buffering
hey wore exchanged for Indian prisoners.
Lord Bonnet , the son of the earl rff Tan-
korvllle , who recently married an American
Blrl , Is In Taconia , where ho and his wife
re taking an active part In a revival.
A rnarrJugo has been arranged between
Ir. II. D. Irving , elder son of Sir Henry
nd Lady Irving , and Miss Dorothea Dalrd ,
fth surviving daughter of the late John
rornter Halrd , barrister. MUa Dalrd la now
laying the title-role In "Trilby" at the
laynurket theater , London.
The engagement Is announced of Miss
Cthcl Johnson , only daughter of Eastman
ohnson , the American portrait painter , lo
> Ir. Alfred II. ConltKng of Now York. Mr.
Conkllng is the eldest son of tha late I'Vod- '
crick Conkllng and a nephew of the late
lloscoe Conkllng. One of his Inheritances
uum MISS uatnenno woiro was a country
houoa at Newport.
Queen Margherlta of Ilaly holds- the
otrictest Catholic views as to the nullity of
both civil marriage and divorce. At the
time Slgnor Crlspl first was In power , not
only were hla two divorced wives still living ,
but also Donna Llna's divorced husbind.
> \hon at last Queen Margherlta gave way
lo the pressure put on her to admit Donna
Llna to court , she did so In those words :
"Vary well ! Tell Slgnor Crlspl I will re-
celve his wife , but I will rocelvo only one
of them , and It must always bo tha aamo
one , "
A triple wedding waa announced to talce
place at Montlcello , Ind , , on the afternoon
of tha 7th Inst. In the county clerk's office ,
It was short one couple , however. In the-
course of the usual Interrogatories It devel
oped that Charles Johnson and Anna Talt
were under age. The would-be groom was
17 and the girl 14 , so a license wau refused.
Nothing daunted , the couple boarded a train
and three hours later a telegram from
Logansport to their parents announced their
marriage In that city.
A romantic wedding la reported from
Washington county , Idaho. John Adlerand
Bertha I'lckett started from their home In
ulddlo valley , accompanied by a party of
friends to go to Salem school house , where
religious services were being held , their In- .
,
b
( MymamausodVroolBoap ) tlwlshmmo baa
WOOLENSv\\\ \ \ \ shrink If
WOOL SOAP
rat vuur detaert.
saworth , Sujiofldc 4 : Co. . Movers , Chicaeau
bt" " ' " " " '
HgwVw " . 'i1 J-oonaru flu.
*
ENNYROYAL PILLS
Original and Only Urnutnh
BftK , l ) tl rrJIlUC. tDI
Droiilit for CTIc . .Cer. Sfno ( ' "
n i Brand lu IlrJ Mil M mtullloV
rt , r IM Kllb bloo rlMnn. Tnko '
inu others Htfutt danytrouUHltMu *
itoniand tmHeitiont. Ai ( > riiBUl.orMnd4fS
la sumpl for nartlauUra , leultooaUls BU |
" Itrlltf far I. dlr . " In later , br rtdllM
Mall. 10.001 } TMIIIUMI.U. IHm * t-aptr.
Patronize
Home Industries I
ly luircliimlnx aooil * miiile nt the fol.
oiviiifr JVc-liriixku fnctnrlra. If you
n n not 11 nil TTliut yon iviint coiuniuiii-
> ntc with < , c inniinfiKttiircri n to
\vliut ilenlcrN liiinille tliclr Kuoiln.
HAGS , UL'HLAP AND TWINE.
DEMIS OMAHA WAG CO.
MinufacturfTa of ult kinds of cotton und bur-
ap linKs , cotton Hour sncki und twlno a poo-
alty. CU-6I6-C18 8. Uth 81.
OMAHA BREWING ASS'N.
Car load shipments made In our own refrlif.
rater cars , uiun lllbbon. Kllto Export. Vienna
Sxpori. and Family Export , delivered to all parti
COVVKK , SPICKS. IIAICI.VO I'OWDCItt
Coffee Rentiers , Spice Grinders , Mnnufncturort
crnmn Ual.liiK Powder and. Herman Dry Hop
'rait. HH nnd H18 Hnrncy St. , Omnha , Neb.
FLOUR.
S. F. OILMAN.
Manufacturer of Gold Medal Flour.
C. K. Black. ManaKtr , Omaha.
IHU.WOUICM. .
DAVIS &COWGILL IKON WORKS
M.iniifaclHicm and Jobbers of Machinery.
Oencr.il rernlilmr specialty. 1001 , IMJ and JWJ
JutKbun street , Oina.m , Neb.
INDUSTRIAL IRON WORKS
Manufacturing and Ilepalilne ot all kind * ot
machinery , engines , iiumpi. elovators. prlntlna
iirrsses , hanger * , ( hafllnif'Onti couplings KM anj
UOS ItinyHrd Bl. , Omalia.
I AXTON AVIKKLING IRON W'RKS
Manufacturers of Architectural Iron Work.
Oenerul Foundry , Machine nni ] Uliicltumlth Worlt.
iigln.-cni : : un < ! Conductor * for Flra Proof
H-jlldlniiB. Olllco und wuiUl U. P. Hy. and
80 , | 7th street , Omaha. *
MttHT WATCH , I'lIlIB SRUVICB.
AMERICAN DISTRICT TIJ
GRAPH ,
The only pel feet protection to property. Examln *
U. licit thing on earth , iteduce * Insurant ; *
Ultra. 1301 Douglas m
HIIIHT PACTQHIU8.
J. H.EVAN3-NEBRASKA SHIRT
i COMI'ANY.
i : < clu > lv custom chlrt tailed 'III Farnam.
tenllo'ii being to set murrlol , Many ( rltnd *
hail gathered at tlu school. The bridal
pirty had to crosa the Welter river , which
had been swollen by the rains and was a
roaring torrent. When they came to tlio
fcrldh-j they found that fcrly fen of It had
been carried away by an Ice cow , They
managed to communicate with i > er ou on
the other ! do , Tliewj Bent to the nchool
house , a mile away , and notified the mlnla-
ter , Tlu latter and hla congregation re
paired to the scene. The minister advanced
to the broken t > ud of the bridge and pro
nounced tbo ceremony across the chuum.
The noise of the water made It Impossible to
hear much that ho nald , but It wait
for granted that It was all right-
jk & j&j2jt