Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 21, 1896)
THE OMAHA DAILY BEE. , TU3STE 39 , OMAIIA , SATU11DAY MOENIjSTGr , MAJRCH 21 , 1890 TWELVE PAGES. 0012Y JTIVE CENTS. TOMORROW , SATURDAY and MONDAY SIXTEENTH AND DOp'GLAS , OMAHA. fpf /v For our opening , now $ IB IX fl I sPrlnE Hats , I" a great ' J > FBI I variety of styles , made of COO cTiolce Pattern Hats , now straw broltl , trim med In tlio back with the exact copy of Im large bows ot satin rib ported hats , but made In 4. bon , rosettes , mallno and our own work room , no and fancy ornaments , come In IMPORTED PATTERN HATS. two alike , choice at . nil colors , everything of the very bist , a . your great bargain at | 2.50. our opelng sale- MUSIC. FLORAL DECORATIONS SOUVENIRS. Hnmlfiomo Velvet anil Silk Cnpcs ( like cut ) trjnnnod with braid , cut jet or luce , all silk lined , r.egUliu * iirico $10.CO , Opening price , , , ITv tN - 5 ' Broadcloth mid-silk Velvet CAPES , trimmed with braid or cut jot , nil lined \v\\\ \ ( \ bountiful Dresden silk , reculitr price S15.00oponing price 500 Sample Capes Made of all the newest materials , and in the latest styles , lined with Persian and Drnsdon silks , each one a novelty and no two alike. These capes were made to spll for 820 , $25 , $30 and 835 , go at our opening for JURORS KNOW A GOOD THING Working the Pee Mill for All There is in It. ( 1 DO NOT PROPOSE TO LET GO OF A SNAP Hold Out AHrnliiHt Returning ; n. Ver- dletlnMtlioiiKh They Heard the Deft-lulu lit AeUiiowleilKu * Her tinllt In Court. An Instance of the way In which juries sometimes recognize a good thing and. as siduously cultivate It Is shown lu the Suslo Milter case , now In the hands of a jury , This Is a cas-o In which the defendant , a dusky courteiun living on Fifteenth street , near the Webster street depot , was convicted In the police court of soliciting. The com plaining witness In the case testified that he was passing the woman's housa and she beckoned to him. Ho entered and was talkIng - Ing to her when two policemen came In be hind him. The two policemen testified to the raino story and also eald that the woman Bubstantlally admitted tbo truth of It at the tlmo. This testimony wa produced at the l'Jn tbo district court , and the only evl- denpo on the other side was that of the de fendant , who entered a general dental. The case wu given to the Jury Tuesday after noon , about 4 o'clock , aud the twelve men are still out. Judge Baker called the jurors Into court yesterday and asked them It they had been nblo to agree. Foreman John II , Butler re plied that the jury had been unable to ar rive at a verdict and could not agree as to the facts In the case. Ono ot the jurymen eald that BOino of the members would not bcllovo the evidence of the policemen. The court ordered the jurors to retire for further deliberation. Ho read them a lecture on w * tlio cxpcntra to which they were putting the county In holding out BO long , saying that the case was very plain and that the jury should bo able to asreo on ono side or the other. Every ono of the Jurors are talesmen , the regular panel having be n engaged In other cases when the case was called. It Is etrongly Intimated about the court house that tula fact bun a great deal to do with the caro. Talesmen get pay at the rate of } 2 per day for the tlmo they actually serve , while members of the regular panel draw J2 JIIT day for the three woeka they ore re quired to be on duty , regardless of whether they serve on juries or not. As all of the members of the Miller jury are out of em ployment and wore sitting around the court room waiting for tbo lightning to strike , they realize that they will bo out of a job.tho mlnuto they return a verdict. As the f2 per day Is accompanied by three squire meals at u hotel , the jury has on eye to business. The jury fees In this case amount to $98 so far. The woman wau fined $5 and costs In the police court , amounting to $7.00. If you would always bo healthy , keep your b'.oofl pure with Hood's Sarsaparllta , the One prue Blood Purifier. We point with pride to this years opening of our millinery department. It has reached that height of popular favor whicn stamps every hat coming from it as being the correct thing 'Our Millinery this year bears every proof of its Parisian origin , its most extreme taste and latest ideas Where ordinary high-class milliners show a dozen Pattern Hats we show hundreds We have spared nothing We have lavished time , money , labor and thought to make this season's millinery and especially this opening , the grandest event from every stand point Our workrooms are crowded with the best talent that money can procure Our millinery show rooms are without equal inthe United States Our prices are such that every woman in Omaha can enjoy the luxury of-stylish , becoming hat without spending much money. 25O Imported Pattern Hats , Exclusive Designs .frojn the. Leading Paris and London Millin3rs. a < * - * & i CHILD'S Trimmsd Hats Over 1000 to select from Twd-toned straw trim- mud with silk ribbon and flowers , choice Fancy Straw In nil Ladies' Untrimmed S8IL03 VIADUCT WILL NOW UI3 HKI'AIKIOD. City Attorney Comiell Snj-M the Vic tory Will lie 1'rexNed. City Attorney Cnnell says tnat the deci sion of tiie supreme court Thursday In the case of Chicago , Burlington & Qulncy rail road , plaintiff In error , against the city of Omaha , practically sustains every contention made by the city. This was the case brought b ) the city to compel the Burlington road to repair Its proportion , of the Eleventh street viaduct. The case was decided In favor of the I'lty In tlio lower court and \\as taken up on error by the railroad company Mr , Connell says that In affirming the decision of the district court the supreme ro-rt : has laid down Itn Interpretation of 'ho law BO clearly that the railroads will new imvo no recourse ex cept to obey Its terms. . The court has udlrmed the doctrine that the section of the charter covering the ordinances , compelling the rail road coniprnlef ) to construct and keep In re pair viaducts over the streets of the city , crossed by their trackn , Is a valid exercise ot the police power cf the Plate and that the duty of the railroads to construct or ropal" viaducts within the city of Omaha may be enforced by mandamus proceedings. An Important feature of the declslAn , In Mr. Cbnnell's opinion. Is that section In which It Is declared that -an ordinance requiring the reconstruction by two railroad companies of spoclflQ portions ot a viaduct previously erected by them Jointly with the city does not violate previous contract obligations. U Is also expressly stated that such an ordi nance Is not void as against the railroad com panies therein named , as the toners of the said roada for the failure of the city to pro ceed against other companies engaged ifl operating one or more of the mid tracks as lessees of the owners , the charter obllgatlq being : Imposed on railroad companies cwnl K or operating peparato lines of track , ft "This decision , " said Mr. Connell , " cn away ulth the contention that was raised by Marter In Chancery Cornlrh , that one road could not oo compelled to repair lt portion of the viaduct until after ( ho other roads had agreed to repair their portions. I now regard a favorabln decision from the United States court on the Union . Pncldn case .16 a certaj ) ty. Now we have the 1 terprctutlon of ( Le state law as laid down ; y the supreme court of the state , and this In- torpl elation will undoubtedly be followed by the federal court * In Its decision. This de cision worns to settle all dlfllcultles and thoroughly establish all the rights which the city has claimed for all time tn tome. " It was announced ) &t Burllrigton head quarters yesterday uiaV-that road would appeal from the decision of the state supreme court la the Kleventh street viaduct case. The railroad attorneys ) 'will at once make preparations for carrying the caua to the United States supreme court , frftulng It before - fore that body. C/illfornlu Atlileim Coming SAN FHANCISCO , Ma ch 20.- . The Uni versity of California athletes are nor conn dent of an eastern trip Ilk * the one mudu last year , Negotiations are pending with Yale and Princeton for ft triple meet between the college teams on May 16 next In New York. BotU Yale and frlnceUn are favor able to the plan , and It 1s thought that U will be carried through , The California team will leave for the tist 99 J ay 2. Children's Untrimmed i Black and white ice eacjtty. -y. JOY WAS SHORT LIVED Thin Oard on "Which a Big Expsotation Was Dangled. FOND HOPES OF PRISONERS DISSIPATLD Wore Led to llelleve I'l-occrilliiKH In I'ollce Court Were Irri'tvitlur ami that They AVoulil Get Out of Jail. A slight ripple of excitement has been caused among some of the prisoners In the county jail now awaiting trial In cases which have come up on appeal from the police court. This has been occasioned by a re port which appeared a few nights ago In a certain newspaper , to the effect that the proceedings In their cases were Irregular and that It would be the easiest matter In the world to secure the release of all such prisoners through habeas corpus proceedings. According to the story published , It uus made to appear that cx-l'ollco Judge Berka signed the police court docket with a rubber stamp beaung his np.mo and that proceedings In all cases In which appeals had been taken to the district court were thereby rendered null and void. U was also stated that opinions had been secured from members of the district bench to the effect that such act on the part of the police judge would Invalidate all proceedings and that a whole sale discharge of prisoners from the county jail must follow the bringing of such fact to the attention of the proper court. s soon as this story appeared the prison ers In the jail who would bo affected by such a situation commenced telephoning their sev eral attorneys and directing them to bring habeas corpu ? proceedings. Some ot the at torneys who were thus called upui looked the matter up at their leisure and discovered that there was absolutely no foundation what ever for the story , Kx-I'ollco Judge Berka was at the court house yesterday and stated that the only shadow of a foundation there was for the story lay in the fact that In the docket of tlio police court In which were entered uncontested - tested cares , such as "drunk and disorderly , " "vagrancy , " , and the like cases which are never appealed to the higher court , he had himself used a rubber t-tamp bearing his autograph. Ho had not deputized any one to use the stamp , but had used It himself , and ho contended that It was a legal signa ture , as much as If he had made It with a pen. In the docket In which were entered onteeted cases , however , and In making all truntcrlpts , Judge Berka Paid ho had 'nvarlably signed lily name with a pen. Moreover , the Judge sad | that ill cases which were appealed tp the district were practically commenced df nova In that cQurt , the numo as new cisos , and ( ho police court docket had no bearing whatever on the case. The only case In which the docket would over be uted , he said , would be a case In which it became necessary to produce tb record * of the police Ladies Unfrjramed ull Rtiaruiitoril t Is KI > riiii's slyk'H , lu the Kioatest v.irlfity of * > hnpos irmislnau'o ' , cmtpnl > rild . . .L 50 vanties wK.h rubber stemsgc per bunch. court In evidence to chow that a certain In dividual had been arrested and tried In the police court on some charge. In such a cneo , the judge contended , the record elgned with an autograph stamp woujd bo as much .a record of the court as the record signet with a pen. In order to test the matter In court and get a ruling on the point , a test case will be brought before Judge Baker. The attorney for Mike Courtenay , In Jail awaiting trial on the charge of assault and battery' , .being a case appealed from the police court , , tiled a mo tion to quash the charge on the ground that the record In the police court was Improperly made , In that It had not been signed by the police judge. ECIIOKS OP A CIIUHCU FIGHT. One of tilts ANHiiuitliif ? I'iirtie * Given a Clean Hill. The Polish Catholic ehurch " case , which was before Judge Baker for life past two days , In which Adam Pzrnouskl wao charged with having assaulted Anton Inda with a club , was given to' ( hg jury Thurtday night and a verdict was r.etorned yesterday finding the defendant not feullty. There were four men charged Jn the same Information mation , and they demanded ; separate trials , As soon as the Pzrnouskl case was given to the jury , the case against Frank Szczepanlak was commenced , and was c&ncluded In the aftornoor * The other two men arc Jacob and August Netzel. The county attorney Btatea yesterday that the result of the Szezepanlak case would determine what would bo done with the Netzels , as ho would not proceed with two1 more trials If the eecond cabo were not successful. I'ollee Conlfil Their Aril or. An "athletic tournament" was announce. ! for Forest hall Thursday night , at which some of the "dead games" who claimed to be on the Inside hinted that some ltof .fighting would bo witnessed. It proved , however , to be a failure , as the police hail received a Up and wore on hand. Pro , Wilding .and an unknown were slated for a bout , but they failed to put In on appearance. Sheroy and Murray were down for a six round "exhibition , " but they grew faint-hearted vflien they learned that there were "strangers" , i > r wnt , A short contest between Dan G , Sullivan end G. C. Black held the boards for a half hour and broke the monotony of an otherwise blank evening. The hungry crowd jtbat filled the hall left shortly after the.brlsf performancs had concluded and I he kicks registered against the management caused the air to grow de.iw. Several dark.lilnts wen ? droppsd In exclusive circles that there would be an other "exhibition" In a more favored location shortly , nnd that the police would b tliut out of the deal entirely. Clothlntt Strike I'rnu'tlyplly Over. CHICAGO , March 2 < Wriie strike of the cuetom tailors Is already pnicllcally over. About forty of the ahopg , clp td will open at once , the contractors having signed the contract drawn up by the , men. The strike began Wednesday with a icported number cf 2,000. Have Formed \w Qlrcu * TriiNt. DETROIT , Maich 20 , The reported forma tion of a circus trust with a view of crushing the wnallcr ibowa la dtnleij br J. A. Bailey. American Milan Hats all shapes ; * six in a bunch , at a bunch LOOK FOR ANOTHER MESSAGE President Said to Contemplate Expressing His Views on Ouba. WILL BE IN ANSWER TO THE HOAR INQUIRY IteeoRiiltlon of the IiixiirKeiitH Would Involve u LOHH of .MllllniiM of Dollar * * to CltlxeiiN of the United StnteH. CHICAGO , March 20. A special to the Tribune from Washington says : President Cleveland will send a message on Cuba to the senate early next week , probably on Monday. It will be an answer to the resolu tion offered by Senator Hoar calling upon the president for any further Information In the possession of the State department relating to the Cuban situation , particularly with reference- the effect of the war on Amer ican Intercots. The message will show that property of American citizens In Cuba has bcon dam aged and destroyed by the operations of the Insurgents and the Spaniards to the oxtcut of about { 30,000,000. Secretary Olney has hail prepared for transmission to the senate with this mes sage a mass of documents In correspond ence wJth United Btatco consuls In Cuba since February 1 , when the last nipssigo on this subject was sent In. The documunts will bo submitted to the cabinet &oinu time today , and It may then ba determined whether It Is necessary for the president to express on opinion on the Cuban resolutions or to outline the attitude of the administra tion. tion.Tho The American citizens In Cuba have been filing tholr claims with tlio Uivltd States consuls during the last few months and they have been coming In at the State depart ment at the rate of one or two 4 day re cently. The claims are for all kinds of damages Inflicted on the property and crops of American noncombatants. They are for the destruction of crops , ma. chlnery and buildings , and the seizure of horots , cattlu and all kinds of domestic ani mals and fowls which have been taken by the soldiery of ono side or the > 'ther. The Spanish soldiers have. It Is said , committed at least as many of the minor depredations as the Insurgents , If not more. The larger amount qf the claims has resulted from the destruction of sugar cane. The bill which the United States will bo called on to render In behalf of its citizens against Spa'n wilt be a heavy one. So long as Spain persists in maintaining It to an Insurrectlcn only that exists In the Island , and not a state of war , U la liable for all damages Inflicted to tbo property belonging : o peaceful citizens of another nation , whether the jo damages are Inflicted by Its own troops or by thoie ot the Insurgents. It Is not known whether President Cleve land's message will offer any suggestions as to the future course of this country toward Spain and Cuba or whether he will contuit himself with truiEuUUnjf tie oorrcspondme.J Finest grade of Engl'sh iiiln Hah All Bhupus und colors Me. IGS , Sweet Peas , Chrysanthemums , French Roses , go at A per bouquet. SALVATION AHJIY'S NI3W IISA Honth Tneker Will AMHiinie Charge ICiirly Next Month. NEW YOIIK , March 20. Commissioner Eva Booth and the other ofllcers at the Sal vation army headquarters nro busy arranging for a big meeting and demcnstratlon to beheld held In Carnegie Music hall on March 31 to welcome Commissioner and Mrs. Booth Tucker , the newly appolnled confmumlers of the army In this country , Tliire 'will be a torchlight procession , In which all tbo ofllcers and soldiers of the army fn thU cltv and the neighboring district will take part. Many field cfllccrs frCm various cities all ever the country have been Invited. Ilalllngton Booth was asked regarding the raports that Commlsaloncr and Mrs. "Booth Tucker , upon tholr arrival here , acting un der Instructions from General Dpolh ; , will try to Induce him to abandon his , dependent movement. Ho Had ! : "I do net Know that the UOK commanders will take any such ac tion au Indicated In the reports. Of this I am ce.-taln , however , they will not succeed. Any Intercourse between myself and Com- inlialciier and MM. Booth Tucker that may occur will bo of n purely social character. If they should call to sso mo with a view to Inducing me to return to the army , and I know that la bo the object of their visit , I do not know that I would sco them , In fact I think I would not. " Came n I.oiiir Wuy for n Illvorec. FAIiaO , N. D , , March 20. Another casa of hurried marriage after a dlvcrco occurred hero yesterday. Among the members of the di vorce , colony for some tlmo was T , II. Spragg , who secured a decree yesterday before Judge J auder at Lisbon from Lucy Spragg , on the ground of desertion , The plalntlff'H former homo was at Christ's Church , Canterbury , province cf Now Zealand , where. lie owns a largo sheep ranch , and IB wld to bo very wealthy. Ho was married late yesterday after noon In the ofllce of the court by Judge Roberts to Miss Mary Hall of England , whom ho had brought here with him as a com panion during his nlnsty days' residence. Window CiliiNN MamifnuturerM. PITTSBUHO. March 20. A meotln of the window glass manufacturers ls called to as semble at Columbus , 0. , to discuss matters affecting their Interests. It is understood that ono of the most Important questions which will be dltcusced at the meeting will bo the. advisability of establishing selling agencies In all large cities to/Mil direct to consumers. This Idea has ( Welcped as a result of the contention whloU flt/Jntn going on betwesn manufacturers . nnU , Jobber" for oomo time. Jobbers have bevn holding back tliclr orJera and manufactu/ury have been forced to hold their stocks onV/AVll at prices below that agreed upon. Smulliiox In Inilluii Territory. KANSAS CITV , March 20. A special to he Star from Nowata , I , T. , says ; Smallpox n virulent form Is raging at Vlnltla , twenty nlles east. Great excitement prevails here , The mayor and council met | u special ces sion and established strict quarantine regula tions. Guards were stationed this morning on all public thoroughfares leading Into the town toj > reeynt the entrance of people from tfco lnected diitricu , USEFUL SOUVENIRS GIVEN AWAY In Our Millinery Dept. FREE FREE A handsome fJloopatm , bclt with each ' purchase in'our suit department. BROADCLOTH SUITS ( Ilko cut ) or In the English box ( ft ff \ cant style , ripple buck , skirt \ It II U nil llrtnrl n n t\ * ll1n ItrnllM 1 inlSa \ 4 n % all 11I1UU mill mu , tvuuiu I.MJ cheap at $10.00 , go at UU Samples of LADIES' SPUING SUITS , no two alike , Norfolk Ueefer nnd Hlazer Htylc. In black , navy , tan and handsome . ' , . , . . . . r. , mo-- of firm lined with Bilk , skirts 5. C nnd 7 yards wide , regular price * $15.00 , $25.00 , J33.00 nnd $10.00 , go at Fancy Mohair or rtrllllantlne SklrtH , 6 yards \vlde , lined with $2,50 rustllne and bound with vel vet , worth $5.00 , go at , BIG POOL PROVES A FAILURE Rate Gutting Goes On Just the Bame a Before , NO WAY OF ENFORCING PENALTIES Another Effort AV111 He Miule to Gc the AKreeniciit Into Wiirklnif Or lie r itt a Meeting Nisxt Week. CHICAGO , March 20. A meeting of the executive ofllcers of the roads In the West ern Trunk line committee will bo held In this city on March 25. Another c-ffort will bo made to get the pool Into working order and this time It is proposed to Inlllct heavy penalties on any road proved guilty of breaking the agreement. The pool has been an utter failure up to now , and the meetIng - Ing of the executive ofllcers some days ago. In which It wa determined to give It an other chance for Us life , has been productive of no good whatever , Tlio demoralization la rates continues an bud as ever , and tbero scema to bo no remedy at hund that will stop the evil. It U planned now thut all roads In the agreement shall deposit a largo amount ot money with the officials of the pool as a guarantee of good faith , and upon conviction of cutting rates or demoral izing tactics , the fine will bo deducted from the amount of the deposit. This plan , how- evnr , has some strong opponents , and It Is not sure of being carried through , There Is trouble among thu transconti nental roads over the through California , bublncss. It Is stated that the rates from the Ohio river territory to California are much lower proportionately than those from Chicago , and that the difference between the rates Is making a chance to scalp them , which the brokers are not slow to seize. The roads from the Ohio river territory have been asked to raise their ratw , and It la probable that the matter will osmo up before a meeting of all tbo Interested roads In tbo near future. Htuelcey Deelnred JVot Guilty. DULUTH , Minn. , March 20. The Jury In tbo Stuckey case came In last night with a verdict of not guilty. There l another In dictment standing oaglnst Stuckey charging him with having stolen 111,500 from the bank on October 10 , The sensational fea ture of the trial juet closed vtas that Stucltey ) went on the witness stand and teitlfled that Ills superiors In the bank gave him inoneyj to go away and then sought to throw on hlia the blame for a shortage In the funds. k \eiv llraellliin Coimul Arrive * . ! NKW YOIIK , March 20. Among the paV sengers who arrived this morning pen Ktcamcr Hevcllus , from Klo Janeiro , iva Suior Daniel P. h. Cordosa , Brazilian consul to Now Orleans , and family , and Bono * Manuel J , V. Dacuna , Urazlllau consul a | the City ot Mexico. * fa