HE OMAHA ILY " ESTABLISHED JUNE 19 , JS71. OMAHA , SATURDAY MOHNIXGNOVJ3M1M3K 28 , 1800 TWELVE PAGES. SIXGLI3 COPY Ft VIS CKNTS. BANK FIGHTS FOR ITS SHARE Lincoln Savings Has nn Interesting Gaso Before Jndiro Holmes. INVOLVES A DEAL IN FIRE INSURANCE l'roierty | Insured \VitN I'lrit Mo ( UiKeil null Tlieii Iliirneil , nml tin * Settlement HUN IncrviiNVil III ) * CulllllllUlltlllllN. LINCOLN. Nov. 27. ( Special. ) Judge /lolmcs this afternoon took up the hearing of tlio controversy between n lot of in- 1,11 rancc companies , the Northwestern Life Insurance company , Htcelver Hill of the Lincoln Savings bank , the this and 1) ) . D. Mills. It bcunK that several years ago Eliza beth , Daniel , John W. und IXMI.I Uhl e\e- cu'cd to the Stromsbiirn bank a $5,000 I mortgngn on the piece of pioperty linovvn as the Koman block , near Plftcenth and 0 streets , which v\ns buriud down about a j jcar ago. The moitgagc viaa puuhused by the ca\lnrs bank. The first mortgage on the propelty Is held bv the Northwestern Mutual Mfo of Milwaukee , and Is for $10,000 When Iho building burned there wao an 1 Insurance of $3,000. the policies being held | by the Nortlrveslern as aecuilty for Its mortgage. These policies were as follows : I Herman Amcilcan of New Yoilr , German , of Pieeport , 111 , and Milwaukee Mechanics i for $ J,000 each and In the London and Lan- tashlie , the Northwestern National of Mil- j wauUooand the Kliemen's Pund of San Pian- cisco for $1,00' ' ) . The Insurance companies i * An lined to pay the full value of the policies , i claiming that the loss was not total The ! iccelver chaigcs that the Insurance com panies , the Ulils and the mortgage holder have entered Into a fraudulent conspiracy to defratid the bank by settling the claims against the insurance companies for JC.700 If thin Is permitted to go through the sav ings bank will be left absolutely lemedllcss It asks that Judgment bo entered up against the Insurance companies , each for the full amount of Its policy , and that the first mortgage holder be compelled to resort to Its securities before falling back on the lot II 1) Mills comes Into the case ns the claimant of the savings bank mortgage. He had put It up with the bank as collateral , and the bank had sold the collateral to it self at public sale A denial of the alle gations of conspiracy Is made by the other defendants , and the Insurance companies arc- trying to make the settlement with the Uhls stick IIUSY WITH nivoiiCKS. This was Judge Holmes' busy day In the divorce couit The tlrst mlsinatcd person to nsk for relief this morning was George Mc Millan , who took a long , cold drive Into town this morning for the purpose of con vincing hU honor that his wife , Cmiim , 1o whom ho vvcs married at Council IllulTs In 1S87. was a very bad woman as to morals mid addicted to the too frequent , use of ar dent spirits Judge Holmes Inquired where th6 dttendant and chlldien wcro at the present time , and being told that they were cHlll under the tare of the defendant , admin istered a gentle roast to the plaintiff foi falling to care for them If the mother was thn sort of woman described In court and positively refused to grant plaintiff any dlvorco until he looked up the children. Mrs. Heka Thlclo was awarded a divorce O.id the custody of their two children , aged 9 and 13 jears , from her husband , Henry. The plaintiff was o comely Norwegian of about 3.1 and had married the defendant in Chicago October 17 , 1883. Her husband was a carpenter , but became addicted to drink and two yeais ago left her. E J Johnson , a Hurllngton urakcman , had a miraculous cscapo from death this morning at Waverly Ho went out on train No SO and at Waverly was struck by a grain chute and 'thrown from the top of a box car. alighting across the rails of the opposite tracks lie was believed to have been fatally Injured and was sent back to Llmoln on the Incoming train and taken to Tahltha hospital In the patrol wagon. Dr H Everett was called and upon examlna- n found that Johnson's hip was seriously Injured , but that ho Is worth a dozen dead men yet The Indications are that Johnson escaped Internal Injuries and his condition Is considered far from serious. He Is a blnglo man and boards at the Hoyd hotel. FARMER'S FAMILY HELD UP. r John Motto , a farmer living near Hov- % „ orly , was roused late Wedne-sday night by ' two men , who asked him to assist them In fixing their wagon , stating that they were traveling In wagons with their famlles and had broken down near his place Mr Mette , with his family , had retired for the night , but he got up and went with the men to the barn , where ono of them struck him a blow that rendered him Insensible Uy this tlmo Mrs Motto followed bet hus band with a lantern to the barn , just In time to BCO her husband fall from the blow The men then attacked the woman and knocked her down , carried her Into the house and demanded the money In the house. They fired their revolvers to thor oughly frighten her , and she gave them all the money they happened to have , about $ C. The men then quit the place. The community Is thoroughly aroused , as this , Is the second crime of this kind committed In tha neighborhood within the past few months Societury Ludden of the Hoard of Educa tion was engaged today In examining the pollco records for the purpose of ascertain ing the causes for the decrease in fines Ho will report his findings at the next meeting of the board Judge Waters Is as sisting htm In going over the books Rev J. P. Sward of Omaha will deliver nn address before the Concordla society of the SwoJIsh Lutheran church this evening Rev. Mr Sward Is president of the Augus- taim synod of the Swedish Evangelical Lu- tljcran church of America. An excellent musical program has been prepared , the thief features of which will bo a cornet hole by Ole Olson , a piano duct by Mrs Charles Olson and Miss Elllo Plcrson , and singing by the church choir , led by P. O Hcdlund Captain W H Taylor Is an aspirant for register of the land office , and Is receiving considerable encouragement from his friends. Captain Taylor Is an old soldier und was a candidate for the same position ii.ttlnn Iliirrlanti Congressman Strode has about recovered from his recent Illness and expects to bo ublo to retu n to Washlnri < un next Tues day Candidates for the shoes now adorning the feet of Councilman James D. Parker of the Second ward are an numerous as appli cants for jobs In Undo Jake Wolfe's pock ets Tim list thus far embraces J. Steven son , with J H. McMurtry , Alex Jctea , R. H. Glllcsple , C. E. Wilkinson , Fred Wood ward and Corporal James Mahoney W II. Lampion , a young fellow who camti to Lincoln as age-nt for a slot ma- ' 'ichine used In saloons , was arrested this morning on suspicion of stealing $22 be longing to Henry Hamilton. It appears that llrtiiillton missed $22 whllo at his boarding house , 11-J P strc"t. Lampion Is also a boarder there and nas present when Hamilton mlnsed his money. Omaha people. In Lincoln At the Ltndell H. T. Leavltt. August Meyer , D , M. Vluson. lialer , Pln > H a I'nliifiil I'riuik. V > , - IIOLDHEOE , Neb , Nov. 27-Spcclal.- ( ) The laugh Is on the bald-hcade > d men of HoldrcKu th'u ' tlmo. An agent purporting to represent some medlulno company of St , 1/otila has U'cn In the town for the past week oelllng a never-falling remedy for growing hair on bald heads. The agent or ganized a hospital pro tern. , and all the bald-hi-iulcd men In town took treatment. Ho had two Bjutenu of Belling the medi cine. Ono way was to sell the medicine for fAitlt , the prlco baliig $10 , with full directions for Its URO. the agent signing n receipt agreeing to refund the money In one year If It failed to grow hair , and the other sys tem WAS to give n patient the medicine , the patient agreeing to pay the sum of $50 In one year If ho got a growth of hair The agent always prefaced his remarks with "We do not find miny men rich enough to pay UH the JGO , " and as he purportul to give exactly the same medicine whether the patient pnld cash or signed the $ r > 0 contract almost all paid cash After the agent had left It began to dawn on the minds of the bald-hciideil fraternity that the agent wno a total stranger , unrccommcndcd , and the company that ho claimed to represent was unknown and that they had paid $5 per bottln for drugs that could be purchased of any local drug store for 15 cents. They are having all manner of fun with one another about the transaction. Hot I'litlit for UiiNlnexN. DKf'VTIH , Neb. Nov 27 ( Special ) Competition for liver crossing between the fcrryloat and the pontoon bridge , which has been going on at a lively rate for some , time , has now come to a dead standstill. The j ferryboat Is froze In and the Hooting Ice In ' the rivet has pushed the pontoon out and a big portion ot It Is lodged on a sandbar n halt mile below. Captain King thinks he ' will have his brldgo In good running order In a Jew days , however , but there Is no pos- slblo hope for the ferryboat. Just before nature Inli-rfercd with both enterpilses competition had got so warm that the cross ings were thrown open to the public free of charge. The boat was then getting ready to offer a bonus of 5 cents. I'retl ) WeililliiK lit Illltlle Creek. I1ATTLE CHEEK , Neb , Nov. 27. ( Spe- clal ) Wednesday afternoon Rev Eml Ulbrlcht ot Shelby and Miss Anna Hosebrock of thlh place were married at the German Lutheran church by Rev. Jacob IKilTman George Ilrcchler , deputy county treusuicr and Fred J Dankers , assistant bank cashier acted as best men The bridesmaids were Emma Heycr and Lena Dcnnlngcr. On the conclusion of the service the happy couple icpalrcd to the home of the bride's uncle Herman IIoRrlef president of the Hatlle Creek Valley bank where , with their frlcmta they enjoyed a sumptuous repast. Rev. am Mis Ulbrlcht will make their future home In Shelby UexertH Wife anil Unity. ST EDWARD. Neb , Nov 27. ( Special ) Prank Sodeberg , living ca * t of town , broughl his vvlfo and baby to town last evening , run left them with a bundle of clothing on the cldewalk The husband and vvlfo have not agreed lately , and. In consequence , Soilcnberg took this step Friends took the woman am ! baby to a hotel , where they are being caroil for at the prewnt T.io father of Mre Soilcnberg Is camping on the trull of the un natural hii'ihand and father , and should they meet there will doubtlep' ) bo trouble of a i.eiloiis kind. The community seems unani mous In Its condemnation of Soilcnberg. MIIIIJ CnnilliliiteN for OIHee. HOLDREOE , Neb , Nov 27 ( Speclnl ) The war for the pcstofilce has begun In this lilac o with ten applicants for the pcsi- tlon. the most prominent of which Is K. D Klnscl. the candidate for state senator of this dlstilct at the last election The officers of the republican central committee have concluded that the hardest part of the cam paign IH not over , when their ft lends all want to be recommended for the sinie office , and the upshot of the matter Id that they ha\e about concluded to not recommend any one , hut to let all of them find their own salvation in their own particular way. OnLilnle Social I'teiit. OAKDALE , Neb. , Nov. 27. ( Special ) Ono ot thn social events ot the season took place today at 12 o'clock at the Presbyterian church , where the Invited guests assemble ! to witness the marriage ceremony of Miss Sarah A. Tiask and Henry A. Van Kirk , by Hov. Sharplcsa of Norfolk. The bride is the accomplished daughter of T P Trask druggist of this place. The groom Is. a pleasant , industrious young man. After the reception nt the residence of Mr. Trask , the couple went to their new home several miles north of Oakdale. Married at Vllilon. ALBION , Neb , Nov. 27 ( Special ) The marriage ot Miss Ruth Ciimmlnqs , daughter of Mrs M J. Cummlngs , to Elmer K Place of Cedar Rapids , Neb , was solemnlrcd Wednesday evening at S o'clock at the home of the bride's mother Rev. Mr. Stoughton of the Congregational church officiated , in the presence of about forty relatives and Intimate friends The bride wore white silk and carried a bouquet of white roses. TUe ceremony was followed by a bridal supper. fuller n Ileno I.onil. HHAINARD. Neb , Nov. 27. ( Special ) Wednesday morning , vvhllo at work building a fence eight mlloa from here , T P Wright \aa thrown from a wagon and sustained cvcro Injuries. The wagon and sovonl spools of barbed wire fell on him , pinning him to the ground Hut for timely asi-lrt- ani'o ho would never have been able to ex tricate himself from the debris. A doctor uronounced his Injuries t-erlous , but not fatal A\eilile < l nl Weeilii(7 WEEPING WATER , Neb. , Nov. 27. ( Spe cial ) At 6 p. in yorterday , at the Congrega tional church , before a largo concourse of lu ll I eel friends occurred the marriage of MIv > Chorrlo Hutler , eldest daughter of Dr. M. M Duller , to John Johnnm of Murray , Rov. Mr. HnrrUon olllclatlng. At the residence of tl.o bride's parents a reception was held last night. _ IVeilliiK Mueh Sloek. ST EDWARD. Neb , Nov 27 ( Special ) D. K Wilson ot Omaha IB feeding poveral carloadB of cattle at his yards near town , and this morning brought In three moro carloads ? The largo number of cattle being fed here will bring up the price ot corn. Married at Wnlioo , WAIIOO. Neb Nov. 27. ( Special ) At the homo of the bride's parents , last eve ning , at 8 o'clock , were marrleJ George L Crlnklaw ' and Miss Una Manners , both of thU city , Rev. C. W Pmlen officiating. Wnlioo I'lreillen nntei-liilii. WAIIOO. Neb , Nov 27 ( Special ) The Wahoo Hook and Ladder company gave a very enjoyable ilnnco at the city hall last evening. OUIUIO.N is AI.I , incur. Hoard of IiiMpeelorn HeporlN Her Trial Trip u ( irviit MireeHM. SAN FRANCISCO , Nov. 27. The battle ship Oregon returned today from n whort cruUo undertaken to glvo n board of iiuipec- tlon an opportunity of looking her well over t was given out unofficially that the trial md been a great success and that the boa 1 was highly plenin.il with , tha r.'ilp In all her details , though its real findings will not bo madu public until after they Imvo been sent o Imaquartera In Washington In the form of an olllclal teport. The United States cruiwr Philadelphia want to own a record , ra navy gossip haa t. and file fondly bores to secure It on her coming trip to Callao It la raid that her olllcers have firmly determined that the voroel bliall break all existing records for irmored cruleora , Notwithstanding the olllcers refuse to cor roborate tbo icport , It conies from n good tourco and would uooin to be borne out by the nature of the pieparatlonu inado for this voyage. No t < top will bo inado on the way lawn , though It Is usual for war ulilim bound o South America to re-coal at Panama , In anticipation of the long voyage , 1,500 tons of coal have been put aboard the cruiser und every Inch -available epaco Is being economized , encroachments oven being made on the oillcerw * quarters , Thu pollihcd floor n the ward room ha been taken up und a coal chute passes through the apartment. rho Philadelphia has ull the coal ihu can curry and tomorrow ha * been uot ua tbe sail- lib' data. ! ? . Figures from the Last Election Slowly Take on Form. CANVASSING BOARD MAKES THE FOOTINGS mpOMiilM to liuTi'HNC ( In * Nuinlier of Stilirrini * .luilKi-N HIM- < ! * . n l.itrue r of Alllriiintlt c IlnllotN. LINCOLN. Nov. 27. ( Special Telegram. ) The clerical force of the office of Secretary ot State I'lpcr today completed the tabula tion of the returns on regents , judges of the supreme court and amendments to the constitution before noon , although they had not hoped to complete them before tonight The highest vote on the amendments vvaa cast upon that which lelatcd to the number of Judges of the supreme court and their term of office , this vote being 81,579. The smallest vote tifi.OGO was polled on the amendment relating to merging of the government of cities of the metropolitan class and the government of counties wherein 'ocated. The full vote stands ca follows : Amendment to the constitution relating to the number of Judges of the supreme court and their term of oillce : Yes , 81,670 ; no 37.SOG. Amendment to the constitution i elating t < compensation of supreme and district cour Judges : Yes. 01,119 , no , 18,5.13. Amendment to the constitution relating to compensation of the officers of the executive department es , 59inC , no , 47,611. Amendment to the constitution relating to judicial power Yes. 60,004 ; no , 43577. Amendment to the constitution relating to Incrcaso In number of supreme and dlstrlc court Judges : Yes , 5j,343. no , 46,576. Amendment to the constitution relating to trial by Jury Yes , 73,573 , no , 39.006 Amendment to the constitution relating to officers of the executive department. Yes 67,045 , no , 40,597. Amendment to the constitution limiting the number of executive state olllcers Yes CO 246 , no. 41,063. Amendment to the constitution provldlnr for the Investment of the permanent cduca tlonal funds of the state : Yes , 78,447 ; no 30.619. Amendment to the constitution relating to merging of the government of cities of the metropolitan class and the government o counties wherein such cities are located Yes , 56,960 ; no , 47,634. Amendment to the constitution prescrib ing the manner In which vote-3 shall be cast Yes. 62.30-5 ; no , 14.370. Amendment to the constitution relative to donations to works ot Internal Improve ment and manufactories Yes , 60,179 , no 45.669 Per Hegent of the University ( to nil va cancy ) Jens C Jacobscn , socialist labor 763 ; Theodore Johnson , national , 866 ; Charles H. Law son , prohibition , 2.391 ; J I. Leas democrat , 4.7S1 , Thomas Haw llns , dcmocra and people's Independent , 106967 ; William G Whltmorc , republican , 98,631. For Judge of the Supreme Court ( four years ) Ada M Hlttenbendcr , prohibition and national , 2,938 ; An Irew Estergard , so cialist labor , 682 ; Prank Irvine , democrat 5579 , William Neville , democrat and pee ple's Independent , 108,469 ; Hobert Hyan , re publican , 94,238 Per Judge of the Supreme Court ( two y cars ) "Moses " 1' . Klnkald. republican , 95.- 632 ; John S. Klrkpatrlck , democrat and pco- plo's Independent , 109.015 ; W. II. I'latte democrat , 4,987 ; George L. Whltham. pro hibition , 2,36.1 ; F I' Wlgton , national , 809 John L. Zerby , socialist labor , 756. i\POSITION nmi'CTous llallol Will lit * Secret anil nil ( lie Allxli nlliui I'liiu. At the meeting of the board of directors of the Transmlssl-slppl Exposition yesterday afternoon , the matter of conducting the elec tion of the new board of directors was le- ferred to President Wattles and Secretary Wnkefleld. The election has been called at the hall In the Hoard ot Trada building at 7 o'clcck Tuesday evening , and will bo con ducted In a manner very similar to any election , under the Australian ballot system The ballot will bo secret , and facilities for counting the votes will be provided that will make the icsult attalnablo very soon aftel the last ballot Is deposited There will be numerous tickets at hand from which th stockholders can each select fifty naniia. ac cording to their judgment Each ballot will be marked as It la cast with the number of shares that the voter holds , by purchase or proxy , and will count accordingly Two ballet boxes will be provided , and as t > eon as ono Is partially filled another will be substituted and the first will be taken to another room , where a canvassing board that is yet to be tclccted will count the votes In this way the count will nearly Keep pace with the voting The ballot will continue as long as there Is any one Icff to vote , but It la expected that all the- stockholders can vote during the evening , as most of tbo smaller ones have given proxies. STIllU'lv A.JAINS'l' T1IIJ CUH1ISTOM : . SiTloiiM Archlcnt ( o n Mrnilx-r of n CoiiHllimr 1'nrlj. Mrs Simon Trostler met with an accident Thursday night which will confine her to the house for some time , If It does not cost her her lift' . She had been down town , and on alighting from the Parnam car at Fortieth street found a number of young people there coasting down the steep hill which com mences at that point. They Invltc-d her to rldo and she accepted. When about half way down the big traverse , which was heav ily loaded , struck a halo In the wooden block pavement and unsettled the man who was steering so that the machine got beyond control and ran Into the curb. All of the occupants of the traverse , some ten or tvvclvo people , were badly shaken up and bruised. Mrs. Trostlcr was the only ono seriously Injured. She was thrown against the curbstone and both bones In one of her legs broken just below the knco Joint. Miss Delia HleronenuiH was hurt so that she will bo unable to bo about as usual for a few days , but her Injuries are not of a dangerous character The remainder wcro all moro or less bruised , but are not laid up by their Injuries. riinuliiiiiliiii ( 'O | | < * K < * A program of unusual IntcrcHt will bo rendered by the Chautnuqua college at the First Methodist church next Monday cvonlUK Dr. II A Hlpplo will read a li.iper on "Charlr-si of liurgundy " The "He Innings of Hellglon In Franco" will bo told by Mrs F. A. Tucker , and Charles A floss will give a Hhort biography and character sketch of "Itluholleu " Or Mc- Quohl had consented to deliver his hu- uri * on " 'Browning- " The doctor Is a gruit student and admirer of the poet and thin lecture will prove n treat to nil who are fortunate enough to hear It. There Is no udmlHulon and everybody IH Invited. rirt * TlirrnU-iiH 11 County Jail. KANSAS CITY. Nov. 27. Fire broke out n thc > county jail hero at an early hour this morning , and for a few minutes threat ened the entire building , and then caused a i.iiilc among the prisoners , I'rompt erv- co on the part of the fire department , hir.v- ovcr , soon put the flro under control. The origin of the lire la unknown. Thu loss U small. IliiinliiiriT MrlUn IN HAMHUHG , Nov 27 The ship owneui and port * laborers' contractors have decided , o join the employers' federation In order to > rt ont a united opposition to the strikers The lljmburg-Aincrlcaii eonipaoy't ) lighter nen and ship cleaners have joined In th- strike. Eleven thousand men arc now out , POOH iimvviio or KAiTiirti.MsM. Pnfi * of n (5orninciil .Mulllilfli Outlived It * lIxrfuliu-NN. A few daja ago there wns n sale of con demned ai my storca at the government cor- i at , and among articles disposed of were n few old thalra , pieces ot carpet , desks , stoves harness and a lot of miscellaneous articles , all of which wont for little or nothing A iniilo was put up and auctioned oft , bringing the largo sum of $12 50 When the auctioneer started the sale , spying , "How much am I offered for thla mule ? Somebody make mo a blill" ono of the em- ployca , who was sitting on a box ot hard tack delivered himself Homewhat In this fashion " 1 tell you , boys , It's n shame to sell that poor mule. The government ought to pen sion an animal that has been In the serv ice cs long as that ono haa. I don't know Just when old Kate came1 here , but eho was hero when I went to work and Uiat was away back In the 70s When they were putting up that bljc brick building at Port Omaha , which was used for depart ment headquarters , along In ' 76 , I think It was , Major Furay ueed to drive out there every day , using old Kato and n buckbotrd , and 1 don't think ho ever tied her once * . She's one of the gentlest mules I've ever RCCII , and you tan leivo her any place and count on finding her there when you want her. I'll bet some hard-hearted fellow will buy her for a song and beat the stuflln' out of her In less thin n week " Some ono In the crowd made a remark about the treatment of animals , when the man who had been talking said "Why , elr , when I was In the old country , they used to have a horao there that had been at the battle of Waterloo , and every tlmo they had a parad6 or anything of that kind , you could ECU that horseat the head of the procession , led by a groom , and I' was worth a man's llfo to abuse that animal Now , hero's poor old Kate , that has terved long and faithfully , and they're soling her just because she's bunged up and so old she can't work any more. I'll bet seine one will get her forsa trllle , and next week you'll flnil her dragging a load ot apples or potatoes around , town , and she'll never get the nice treatment she has been used to here If I had a place at my house where I could keep her , I'd buy old Kate , no matter If I had to pay $50 for her , and I'd give her a feather bed to sleep on for the rest of her life , so 1 would " : TIMUHAIMI i.isr.s. Tiiloii Pnollli * KlinlH lln' U'lri-M In Iliul Superintendents Nichols , Buckingham and Korty of the Union Pacific at ' ' 10 o'clock yesterday left for a trip to the portions oti Iho line where It Is supposed the storm pf Wednesday night and Thursday did so much damage They went out on a 'special ' train am hurried to the part of the line west o Columbus , vvhcro the company 's wires arc all down. i To a Hco reporter Superintendent Korty of the Union Pacific's telegraph depart ment said , just before .leaving "Wo arc going out to hurry up tht repairs to our telegraph vvlrca. I hope that wo may have n thorough line working from one end or the system to the other by tonight In this state the greatest damage to our wires Is between Columbus end iKcarney ] can't tell the amount of damage done untl I get out there. .Meat of- the wires won ) down In the severe storm of Wednesday night , but Thursday' * atrnng wind blowing against other wlies that 1ml been weakenec bore them down also Thin-Bdny's wind < llc most damage to the wire * In Kansas There we are having trouble with' the ) vlres west of Gills , In the vvcsteiu csntrnl part of the state. " At the Unjon PacificJieadquartcrs It la not known whether any elamago was done to the western part of Iho road or not as all telegraphic communication with the other end of the line Js cut off Reports from Denver are coming In to headquirters * i. * JVUIISHE ) i/iiy , uuu ijje * uranu luiand re ports are being received via St Joseph The wires on the branch lines north of Colum bus and north of Grand Inland are still down The company hca had considerable difficulty In getting n sufficient number or men to go out on the road and repair the bioken wires. Klltlioru'MV"lr < -n Don n. Superintendent MeFarland of the Elkhorn's telegraph department yesterday morning started out with all the available line men ho could tecure to re pair the Elkhorn wires that went down In the stouu of slifct and snow There becma to bo a scarcity of line men at this time , when the railroads need them most badly , and the Elkhorn sent to several Iowa points and clear to Chicago for some of the men that wont out yesterday morning. Hcyond Battle Creek the Elkhorn has over 400 telegraph polca down. llnll\in > Noli-N nnil IVrMoniilN. Zera Snow , attorney-'for the Oregon Short Line , Is In the city A party of Plttsburg capitalists went through to the west In the special car ' Hazelmeio" via the Union Pacific Thurs day afternoon. Mrs Agatha R Kelson , who sued the Penn sylvania for baggage thaUcompany lost by the Johnstown Hood seven years ago , has Just received an adverse decision In court. General Commissary Goldsmith and Dis trict Commissary Ackley of the Pullman Palace Car company were In the city yes terday , the guests of District Superintendent Hlchnrdson. ' Assistant Go.neral Manager Lonmls of the II. & M said yesterday afternoon that the Hurllngton had Just succeeded In repairing the damage done to Its wires In the western part of the state by the h eet and wind , TWO \ou.Nf ; coiinniA.s COM.inn. I on n Man AVho KIKMI HIMV to IIiiii.Hi * HIM riNtA. Two young collegians from Ackley , In. , who attended the foot b.-ill game Thanks giving afternoon and who Jook upon their team as the one thing- which shall bo held In sacred contemplation by all viho behold it , were on their way to the depot Thursday evening. At the top of the .Incline 'hoy encountered three Nebra'ska men , who were feeling real good. "Hurrah fo.n Nebraska ! ' * yelled ono of the three , and he shook his fistiundcr the nose of an loua youth to emphasize his emark "Nit ! Ha ! Ha' Ha ! HU HI ) HI ! Hawkeye ! Haw key e ! S. U. I ' " burst from the two loyal boys from across the river The Nebraska youth reached for the neck or ins adversary , but tco blow- was neatly countered by the visitor , who hod played the game before. Twd hackmen who oc cupied a corner nearby tried to .keep tab on the mill by rounds , but tjavo It up after [ he Nebraska boy had gone down from n triphammer blow from one of the strangers. Chrysanthemums , ribbons and ennea went up In the air like debris In a whirlwind , and when the dust settled again , the Iowa boys walked smilingly toward the waiting room , whllo tlio hackmen collected the remnants > f the homo product and uHslstcU them on an uptown car. Ilackoned | ryes and scratched faces weio the style with a trio who boarded a Lincoln train yesterday , but when questioned on the subject , they smiled sadly and opined it all happened whllo 'bucking the lino" the day before. Made It ll\el > - for AxUnlfli. Charles Flohr , an iihtahodlcd Individual who IHIH IK in making numerouH IIIIHIICCC.MH- 'ul applications to the county poor agent 'or iiKfllstnncc , called at the county Btoru yesterday afternoon arid renewed hlx Im- lortunltloH , ( Vainly Agent Askvvlth rt > - lined to give Plohr any aHxIstanro on tlio ground that ho had no ono but lilmmlf tnil his ahlchodlc'd wlfu to provide for UK ! ho Hliould do u little work Inutead of lulling aid of the county An argument ensued , gradually growing wanner , and "lohr llnnlly mruclt Askwlth under th aw on the left Hide. Ankwllh closed on ilm and thlngH were lively for a few ino- iicntB Plohr being ejected fiom the prcm- ac , ullghtly the worse for wear. i IN THE HANDS OF THE JURY Argument nml Judge's ' Ohnrgo iu tlio World- Herald Libel Suit Concluded Yesterday. NO VERDICT EXPECTED BEFORE MORNING liixlrni'llniis of ( In * Court ntnlinrntrt } Deal nltli tin * I.im of Mitel anil tlio Mi'iiHiirc of UIIIIIIIKIMAr - Of The case of the World-Herald against The Hce for $50,000 damages for alleged libel Is In the hands of the Jur > , the arguments and Instructions of the court having been con cluded jcntcrday afternoon. The opening argument v\as made by J. II. McCulloch , attornej for the World-Hot aid Ho alleged that the evidence showed that the WoiId-Herald was damaged as was claimed nml that It the alleged llbclous artl- clo had not been published the business of the World-Herald would have gone on stead ily Increasing. Ho said the business of the concern had been rapidly Increasing slnco 1S92 and the paper was making money nt n ra | Id rate until the article In question was published , after which the credit of the paper was seriously Injutcd and the mone > making stopped. Krom this he argued that The Dee should bo mulcted to make good the loss of the World-Herald. H W. Slmerat ope'icd the argument for The lice Ho took up the testimony of 0. M Hitchcock , prcMdont of the World Publish ing company , and analyzed tlio t'tatcinentn made by the vv lines" He called the atten tion of the jur > to the fact that Hitchcock testified that his bills for white paper dur ing tha first nine months of 1S95 and up to the lime the alleged llbciou ? article ap peared amounted to a little over $ " 7,000 , on which ho had paid $21502. leaving a shortage - ago on his paper bills of nearly $1,000. It was shown by Hitchcock's testimony that his salary pay roll for the Fame period amounted to $07,600 , on which there had been paid at the time the alleged libel apt eared $03 $ 747 47 , leaving a deficit In that accomrt of $3,752 5T In the same way It waiuhnnn that the total expoiiPCD of the vVorhl-Herald concern dur ing the nine months Immediately preceding the publication of the article In question , tnk- Ing. Hitchcock's outside figures and giving him the benefit of all doubt , amounted ( o $150.300. As an offset to thlp Hitchcock's figures showed that there had been paid $109,82819 , leaving n deficit of $10,37062 for the nine months In question. "In other words , Hitchcock's own testimony showed that instead of making money the concern wao running behind nt the rate of $ I4$5G1 per month. " Slmeral charged that the suit agaliut The Ilee had been started as n means of dragging the World-Herald out of the hole and In less than twenty-four hours nftor the publication of the article In con troversy Hitchcock swore ho had been dam aged to the extent of $50,000 by the publica tion. HOOKS ARC NOT SHOWN Taking up the claim that the World- Herald had sustained damages to Its foreign advertising. Mr. Slmeral called attention to the fact that the only testimony on this point was that of Hltcbccck , who had teotlficd to only two foreign advertisers who had withdrawn their patronage and it was thoun by other tcatlmo'iy that both had ronevved their contracts within a very short time. Ho also dwelt upon the fact that there had been no testimony as to the amount of damage caused by the withdrawal of these two advertisements. Mr. Stmcral then called the attention of the Jury to the fact that the only figures pro duced In the trial were n lot of llgiues quoted by Hitchcock from memoranda not introduced in evidence , and that none cf the boo'cs or records of the World-Herald had been produced The Jury was expected Slmeral said , to accept Hitchcock's con clusions with no records to back them up Slmeral also called attention to the fact that Hitchcock had not even testified to the amount of receipts on which he based his claim for damages , but had simply given the Jury what he claimed was the falling off In Income . The question of mallco was next taken up and It was shown that no mallco had been piovcd , but , on the contrary , that all the evidence had gcno to show there was no malice Mr. Slmoral's argument was concluded at the hour of the noon adjournment INSTHUCTCD UY TH1' JUDGH When the afternoon session opened Judge Scott , at the request of counsel for both sldca. Instructed the jurj on the law In the case and the manner In which the evidence vvo-s to bo cor-sldered , after which the argu ments were resumed , Judge Wakclcy clca- Ing for the defense and It S. Hall making the final argument for the plaintiff. In delivering his Instructions to the Jury Judge Scott quoted first the statute upon the subject of libel , calling the attention of the jury to the fact that the term "per aons" In the statute applied also to corpora tions Mhel was defined by the court to mean the printing or circulating of false or malicious matter of or concerning another The provision of the state vonstltutlon re garding the right to print or publish mat ter on any subject , "being responsible for the abuse of that liberty , and In all trials for libel , both civil and criminal , the truth , when published with good motives and for Justifiable ends , shall be a sufllclcnt de fense , " was also quoted by the court. The Jury was Instructed that under this provision the defendant had the right to publish the aiticle In question but It must bo irsponr.l- blo for any Injury suffered by the plaintiff , or If the article was published with malice the defendant would bo liable If the plain tiff was Injured thereby The court also Instructed the jury that If the article was true and the plaintiff suf fered damage thereby , the defendant would not bo liable for damages If the article wan published with good motived but If It wan published with 111 will then the defend ant would bo responsible for damagcn accru ing to the plaintiff. If the article was false and the plaintiff was Injured thereby , or If It was true and wca not published with good motives , and the plaintiff was Injured , the jury was In structed that the article would be libel The Jury wns also Instructed that there arc two kinds of malice mallco In law and mallco In fact. Malice In fact wa Inter preted by the court to mean the printing or publluhlng or circulating or reports with 111 will , or with a desire to Injure , or through spite. Kegfl malice was defined to mean the Intentional doing of wrong without just cause The Jury was further Instructed that f It found that the article In question wan False and malicious and that the plaintiff : m < ] Buffered Injury thereby , then malice In law would attach to the publication. If the article was found to bo true and the Jury 'omul that It was published to gratify malice or In a spirit of vludlctlvcneui and the ilalntlff had been Injured then a finding of actual mallco would be justified. The court then explained very fully the element * ) ncccbsary to constitute mallco and advised the jury that If part of the article was found to be falne the rule would apply : o that part the eamo as to the whole , and the defendant had the right to Introduce cstlmony to rebut the charge of malice , nUHDRN OK I'llOOP. The Jury was further Instructed that II rested with the plaintiff to prove , by a preponderance of evidence , that the article wan false and malicious , or If true , that It mil been publlHhed with mallco on the part of Iho president or editor of the defendant , The court also directed the jury ( hat If It oimd that when the article was published , there wan a general rumor that It woo to tell out or consolidate with another paper , hat fact ghould he given duo weight In do- termlnlng the measure of damages If It was Sound that the article was rcpubllehcM ] , such fact should be considered In detormln- ng whether It was putlLbhed with malice , but must not be considered In determining the amount of danmgis In conclusion , the Jury TV.IS Instructed that If it found for the plaintiff. In deter mining the amount of damages It should consider all of the evidence and how murh the plaintiff had been actually damaged as shown by the evidence The court said the plaintiff was not require * ! to prove specific Instances of loss by reason of the publica tion of the article , but If the Jun found that the artlclo was llbelou.s and that the business reputation and standing of the plaintiff had been Injured euch facts should be considered. In connection with the other facts In the case , In determining the amount of the damages , but the Jurj was cautioned that the plaintiff could not recover more than nominal damages ( not exceeding $1) ) unless It proved that It suffered actual damages which directly and naturally re sulted from the publication. After the reading of the Instructions had been concluded the couit. at the request of the attornejs for both shies. Instructed the Jury moro at length on ono point re garding the Imposition of excmplaiy or punitive damages. 'Ilie court Informed the jury that In this state a parlj cannot ic- covcr exemplary or punitive damages , that Is damages designed to make an example of , 01 Inflict punishment upon another part ; , . Actual damage was defined to be such dam age as a person actually sustains and ex emplary or punitive damages weio declared not to bo actual damages Actual damage the couit sild , may be shown b > such a state of ft.ets is will satisfy the Jurj that the damage was the natural result of the publication. nnsu.Mn Tin : ARGUMENT Judge Wnkcle > , counsel for The lice , then took up the closing argument for thf de fendant , confining himself moro partieu- larl > to the law as laid down bv the court , dilating at some length upon the difference between exemplary or punitive damages and actual damages The former weio decl.ued to be , under the statutes of Nobratdta. a matter entirely within the piovlnco of the criminal courts Judge Wakeley then took up the aigu- ment that If the plaintiff was damaged at all it was out ) damaged In some nominal sum , such as u tents and such additional sum as It could trace dlrectlv to the pub lication of the aiticle In question The question of mallco was taken up and quotations wcro made from the evidence which showed that Edward Hosewater , the editor of The H e , could not have been actuated by malice when It was proven that ho never saw the artlclo until after It had appeared In the paper. The attorney also called the attention of the Jury to the fact that the onlj evidence which had been given tending to show any mallco on 'tho ' part of Mr Hosowater had been the testimony of G M Hitchcock , who had testified that he hated Mr. Hosewater and believed tint Mr Hosewater did not cherish kindly feelings toward htm. Judge Wakeley denied that there could bo any malice In the statement that the World-Herald was to be consolidated with another paper The only statement that could bo denominated malice , the attornc * . said , was the statement that the World- Herald was bankrupt and Insolvent He then quoted from the evidence given b > Hitch cock to show that the statement was founded on fact He salil that if the lino- tjpo machines were taken out of considera tion , as their title w.is vested In the manu facturer and not In the World-Herald , the material about the establishment was worth according to Hitchcock's statement , about $15000 or $20.000 In old engines , old type olllco furnltuie , presses , etc Hitchcock's testimony , the attorney t > ald , showed that Ihe.outstanding obligations of the paper at the tlmo the article was published amounted to about $80OUO In paper that was past due Judge Wakeley charged that If all the out standing accounts wcro counted In for what they .vcro v.-ortJi the concern * ould noi 'Mv'r anywhere near enough to pay Its Indebted ness ; therefore , It was Insolvent , as was charged. The testimony was then discussed some what In detail and Judge Wakeley closed Ills nririimont H S. Hall closed for the plaintiff , speak ing for about an hour. He devoted him self principally to trying to refute the tes tlmony of the numerous bankers and busi ness men , who had testified that a general depression had hung over all lines of busi ness during the past two years , gradually growing worse Hall scouted the Idea that times could be worse with half a crop than with no crop He also discussed the evi dcnco in detail , drawing from It conclu sions that Uiu platntiu * ' a < i been Injured di rectly and urging the Jury to return a ver dict for substantial damages. IIH r \ TIOVI.IOIMCS. . of tin * IIiiNtiTiii'lirjil.n 'IVncliiTN1 VMS in-Ill 11 ii ii. The Eastern Nebraska Teachers' associa tion began a two-days' session In the asscm bly room on the fifth "nor of the city hall ycatcrday aftcrnocn. The attendance was samewhat limited , owing to the fact that many of the teachers were unable to leave their schools , but It Is expected that the capacity cf tlio room will be tested today H had been ai ranged that Mayor Hroatch should welcome the association with a short address but he v\o.s unable to bo present and President G. W Fo\ called the teachem to order with a few remarks on their work and the purposed of the association Superintendent I'carEo of the Omaha schools spoke at more length , and referred particularly to the advantages that were to be derived from a&aoclatLn with each other. These began with such occasions as the present end reached their climax In the great meetings of the National Educational association Ho urged that these wcro In a largo degrco helpful to every teacher They gained much in knowlelgo by such as sociations , and returned to their work with a more buoyant spirit than they had left It. The pleasant outings which thcso cccas- lens afforded were also of value oa affording a grateful relaxation from the routine of the school room. He iirgcd a largo attend ance of Nebraska teachers at the next meeting of the National Educational asso ciation In Milwaukee , especially on account of the feet that they expected to bring Iho meeting ; of 18US to Omaha , and the bet ter uprcEi ntatlon Nebraska had next year the better their chances of success would be , Mrsi \ M Glittery of Dcllcvuo read a very interesting paper on "Our Hoys , " and the afternoon sebslon terminated with a dLscussloit led by Superintendent John Specdle of Sarpy county and Superintendent lied u el I on ' "Iho Hclntlon of the Superin tendent to the Teacher" There will bo two sessions today , beginning at 10 and 1.30 o'clock respectively. Tito I'lri'iiii'ii Injured. Hook and ladder company No. 1 hud u serious accident yesterday afternoon vvhllo going1 to a flro In Henry Holllday'H resi lience , 1715 St Mnry'H avenue When on Sixteenth between Ilnrney and How ird HtnotH the tiuck Hlld around and struck n telegraph pole Truckman Albert Llv- liigstom wan thrown from lilH position on the side , but retained bin hold with bin liandH , fiarlng to let go lust ho xhould bo run over by the hind wheel of Iho tiuck Ho vvaH compelled tit re > lln > iulHh his grasp , however , before the tr.un could bo Htoppul , and the wheel bircly ml.wcl him. IjfvingHtono wax badly bruised by being1 dragged on the pavement The tear part of the friimo of the tiiiek and the tlllci scat WIIH broken Tlllcrman JIIIIKH Downs' head struck the telegraph polo , but hla heavy helmet mived him fiom scrlouH Injury. Thu | O"H by ( ho flro which originated from u Hue , WIIH trilling. ClmllKi-N III HlKli Si'lioid Cntli-lM. There Imvo been a number of clmngi-H lately In the High xchool uidclH and Iho companltH are to bo re-formed The fol lowing1 promotions have been inado. Lluii- tcnantH IleaiiH I lunrr and VutcH have licttn advanced to first lleutomintH of com- imnliH 13 , IJ unit ( . ' , respectively , BurgiMitit Major Uoane to bo Hi utemilit , rump.my ( ' ; HorKiiint Inni'H to bo lieutenant , com pany H , H rK.tnt Hood to bo lieutenant , company 1) ; tiurKcant M.VCTH to bo lieu tenant , company 12 ; I'rivato Knight to lie Hurgcmit major ; MiiKlelnn I'otton to bo drum major ; 1'rlvulo l.llllu to bo uer- t'cunt , company A. HELD TO THE DISTRICT COURT Conclusion of the Peyton Boys' Hcnring Bo- fora Justice Oockroll. DEFENSE INTRODUCES NO TESTIMONY OIKof ( lie Di-Omlnnl * In lilcntlllrd UN II I'ai'O Wlui Itolilirit * "lllinielie"lvemieil } at smith Oinaliii. Yestctday at 9 o'clock the preliminary hrailng of 1'iank anil Emmett Peyton , charged with holding up "Hlinehet" Ken nedy nt South Omalin curly on the inoriihiK of November 13as resumed before Justice of the 1'c.ico Cockrell. The morning scs- slim was a short oni > , only one witness beIng - Ing evamlneil , but lie proved to bo aory Important ono for the state. Ho was Tommy Haylevss , son of Mrs Hay less , the landlady of the Hat In which Kennedy roomed and where the alleged robbery oc- euiied. Ho almost positively Identified Piank Peyton , the laigor of the brothers , a * ono of the men. "I think he Is the man. " Hay less swore. ' I do not believe that I enn be mistaken " Hay less was In a goo , ! position to get n view of one of the men He had been awakened by one of the "hols and arising fiom his bed lie stepped out of his bedroom and Into the adjoining kltehen , tluougli which the two men lied when thc\ escaped from the building. He stood beside the door of this kltehen , which opens Into the hall. He said that while be was standing there two men came miming down the hall on their tlplocs ami Into the kitchen brushing right I ) ) him While tbc > were passing the front man lighted a match to Iml ) his way Ily the Hash liny lens said that ho saw the man a e > yes and hair , 1 > > which he/ Identified him as Prank Peyton He could not net" the lower pint of his face because the man had a handkcuhlcf just below his nose. He appeared to know the way. for as ho entered the kitchen he called to his i companion , "This way. Follow inc. " Hay less did not get alew of the features j of the other man Ho could describe him only as wearing dark clpthes and a derby bat. 'I ho man In front was also arrajed j in black clothes and wore a stud In his shirt ] front J The defense did not succeed In tangling 1 up the witness. Ho stated that he had known Prank I'cjton two and Emmctt nlno \cais The defense tried to make the wit ness s.iy that , despite Hit1 fact that he had known them so long he had tcldatloua \ partlrtt that the two assailants wen strang ers to him , but that he would know the first iii.ui again If be saw him Hay less , however , denied making any such asscr- i tlons j With the conclusion of this testimony , founty Attorney Italdrlgo announced that the state rested Its case The attorne > s for the Pcytons consulted n few minutes and i thin asked for a continuance In order to I allow them to make an limstlgatlon of new testimony they had discovered ycalerduy morning. A continuance was granted to 1 30 o'clock In the afternoon , when the examination was resumed , When court convened In the afternoon the \ defense announced that It had tfefldc.d. npt to cxpcac I Us side of.utfi to tlu > sum i > ii < l , ] therefore. l m * uml ueilw tin * di-nl ilirTi- , | , . -uiMn the express comlltl > n that he or tnij , ot his or tlulrUK eossor.s or .i-nlnni , j sufficient grounds upon which to hold the < i tv.o men foi the crime charged and bound j them ovcto the district court In the nuin f of $3,000 each. I \CIIVST r\itTiit. Police Hellene * HiIM n Cooil Mini to Keep. Yesterday a complaint was tiled against the negro , Carter , who Is aupiraaed to bo a burglar , charging him with burglary and grand larceny. Ho IH thought to be ono ot the men who burglarized I'rlccman's clothIng - Ing Btore on Dcuglai .street of several hundred dollars worth of Jewelry ami some clothing Several of the stolen rings were round in his trunk and he was wearing , at iho Hire of his arrest a necktie upon which appealed Prlcoman's pilvatc price maik Floyd Van Winkle , another m'gro who was ariestul Thursday night , was scanheil H-iterdiy morning Ono of the stolen lings was found on him , but It la believed that Carter gave It to him. CM the two occupied the same cell. Van Winkle Is believed to bo another "good" man , because he had In Ills possession a letter from the notorl us colored "Plunk" Henderson , In which llendeison asked him "D care for his trunk until ho had "jlono a job " Carter Is being held In $1,200 bonds , pend ing hlo preliminary hearing. Ho was rant to jail In dufaut of furnishing the amount. Tlio hearing is set for next Tuesday mom- iiiiN.T : < > N AS A Hil.oeiiteN a Mini \ \ ho Stole mi OKT- eOllt. Elevator Conductor Ellington of The Dee building made his ( list appearance In public as a detective yesterday anil proved hlmiclf to be a howling success us a catcher of thieves Through his cffoitH Chaunccy WhitIng - Ing is Ijlng In a city jail cell until he ( an bo tiled on the cbargo of petty larceny. The article stolen was a valuable cver- ioat Lelonglng to Superintendent Maker of The IIci < building. It was taken out of hla ofllco Thursday. iillngton : saw the man walk out of the building with It. but said nothing to him because he believed that the superintendent had given it to the man. Ho discovered otherwise , however , when Colonel Ilakor dropped a few cxprcsslvo words after ho found that his wear was gone. Islington went on the trail yesterday morning and In an hour had located hlo man. He found him In a tough t.aloon In the cen tral portion of tlio city. Plank McFarland waa arrcated yesterday afternoon. He Is said to have be-on In tlio company of Whiting when the latter tarried the overcoat out of The Dee building. Do not let your dealer palpi off on you any new remedy for colds Insist on bavin ; ; Dr. Hull's Cough Syrup. ix TIM : i MTII > .STATUS vouitr. . ( IF .lolieH SlIJM III * 1'llNHeil .SlIIIIO Counterfeit Miine > . The jury In tlio Ignus Lcsca case In the federal court rL'tiirncd a vordlct of not guilty. Loseo wan charged with pasnlng countcrfult silver money In Hill's ualouii In South Omaha laet June. Jeff Jones plead guilty to pausing counter * felt money and wan sentenced to upend the next ten months In Jail , The caix ) of Young and Dally , accused ot robbing the poatolllco at Claikw , Neb , Is HOT/ on trial and will probably not bo completed hc'foro noun today. iK Will on rile. A petition for the probate of the will of the late Major George Armstrong was II led In the county court yesterday. The petition recites the fact that the testator dlcil KctUed of real estate worth the mini of } 10,000 and pcrflonal property worth $3,500. The will WOH dated October 0. 1882 , and bequeaths all the property , both real and pcrHonal , to the widow , Mrs Julia Arm- Htrcng. Tlio document requefilH that at the death of the vvlfo , uho liavu the property to the grandchildren , giving tlielr partntu Ufa Interests In the estate , "Tho Llfo of a YOUIIK Clergyman , " with pathotlu and humorous Incidents , will bo described In the next volume of The Youth'M Companion by tlio Huv. Dr. Lymun Abbott ,