FT1E OMA1TA DAILY B33E ; TU1SSDAV , FEHlUJAltY 2 , 1807.
NOT LEGALLY RESPONSIBL1
" " and Dl
Wns a "Oreatnro of Suggestions"
Not Know What Ho Was Doing.
THOMAS MULVIHILL NOT OF SOUND MINI
JuilRp Ilili1 < lmt < > '
Oltcn ' " 'nine *
Iloj-il Arc
| ntul Volil.
Judge Kcysor yesterday decided tin
the two morlrnscs for J6.000 each Riven b ;
Thomas Mulvtbtll to James K. Iloyd on se
ciirlty for troney alleged to be due on ac
count of the lease of the now Iloyd thentc
were void for the reason that JIulvlhlll wa
suffering from paretlo dementia at the tlnn
the documents were executed and was no
competent to execute such papers.
This foreclosure proccedliiK ircw ; out of tin
leasing of the theater by Thomas P. Hoyd
The Icaso was executed In 1890 , and pro
vlded that the annual rental was to h
$18,000. It uas also provided , that an nc
counting was to be made yearly and tin
owner of the building was to be entitled ti
two-thirds of the net profits remaining aftc
the payment of the rental hml certain stlpu
latcd salaries. Mulvlhlll signed the leas
as surety. December 8. 1894 , Doyd wns re
moved from the management of the houti
on account of the non-payment of rent am
the lease was turned over to Mulvlhlll. A
the fame time Mulvlhlll executed the note
and mortgages on which the suit now undo
consideration brought. The mortgage ;
covered every piece of property owned 1 > :
Mulvlhlll , Including his home. It Is al
leged by Boyil that those notes and mart
gages were given In payment of the bacl
rent then duo on the lease. The case wai
heard during the last term of court , tin
nttornejn for Mulvlhlll taking the groum
that Mulvlhlll was mentally unbalanced a
the tlino ho gave the notes and mortgage :
and that ho was not capable of executing
such papers. They also asked that the note :
and mortgages be set asldn and an account
Ing had to determine what was due untie
the lease.
A largo number of witnesses were callec
In the case to testify rcgarft'ng ' the action ;
and hablU of Mulvlhlll during the past fcv
jcars. Those witnesses dcscr'bed ' In tie
tall Ills actions nt home and In his busings'
the testbnony showing a radical change li
his private an.l public actions wlihln tin
past Tour or five years. A largo number c ;
medical exports wcrn called In the cast , ani
they tcstincti that the testimony given t ;
other witnesses Indicated most positively tin
Mulvlhlll had bsen aflllcti'.l with .in Incurnbli
form of dementia for several ycarj a fonr
of disease In which no lucid Intervala oo
currcd , but In which the patient grow tup
Idly and steadily \\orse. It was also showr
that this condition existed at the time tin
notes and mortgages In controversy wen
executed.
In patslns upon the case Judge Koyeoi
reviewed the testimony rather exlnustlvely
commenting upon the salient points. He
said In slimming up that If It was merely i
question of whether Mulvlhlll knew ho wat
signing a mortgage nt the time he signed
tha document he should have to hold thai
he knew It. He said he was convinced tlul
at that time Mulvlhlll was what one of the
physicians called "a creature of suggestions"
and simply did as ho was tnld , wjthoul
realizing \vlipt his act meant. The judge
also said that ho did not believe Mulvlhlll
capable nt that time of figuring up his ac
counts with Boyd -letermlnlng for him-
Eclf Just what was due. The court com
mented rather severely upon the fact thai
T. P. Boyd and D. W. Haynes , treasurer ol
tha theater under both Boyd and Mulvlhlll ,
the two men In all the city who were .mosl
competent to testify as to Mulvlhlll's sound
ness of mind and his business habits , haO
not bten called to testify for the plaintiff ,
notwithstanding the fact that they hod been
In the city all the time. Ho asserted his
belief that If these men had been able tc
testify that Mulvlhlll was of sound mind
they would have appeared In court.
In setting aside the mortgage Judge Koysov
Bald the claim of Boyd unacr the lease could
not be prejudiced by such action In any way ,
except to exempt the Mulvlhlll homestead
from execution In case a Judgment Is ob
tained under the lecse.
OPHMXC ! OP TUB FUIIKUAHY TI2HM.
Court Cnnvi'iicM anil Mnny I'rlHllllrr.s
Art' ArralKiiuiI.
Business about' the ctrirt house vfas very
brisk yesterday , It being the first day of
the February term. The attorneys , bailiffs
ami new Jurymen , congested the corridors of
ho bulldluB and rushed excitedly from ono
court room to another. Little business was
dona In any of the court rooms except the
criminal court , where the now Jury panel
assembled and made the usual pleas to bo
relieved of Jury duty on account of business
and a hundred other reasons.
The Jury panel summoned for the ( list
three weeks of court contained the names of
lonly ninety men. 0' this number the
Blicrlff reported that twenty-one could not
(
bD found and slxty-nln } had reported for
duty. Of this number twenty presented x-
cusos which were considered sunicler.t to
warrant their balnj excused from duty , so
that the panel now numbers forty-nine
"peers" ready to try anything that i-omo
boforu them. With five Jury courts In full
'blast 1C does not require a great deal of
figuring to arrive at the conclusion that
there will ba a great demand for talesmen
during the next three weeks.
Charles Kills , Charles Ollmore , Samuel
Mnzza and Herman Alexander , the latter a
small colored boy who has been arrested a
number of times , were arraigned on the
charge of breaking Into the candy store of
I ) . J. O'Brien. December 19 , and stealing a
lot of sweetmeats. They pleaded innocence
and were sent back to Jail to await trial.
Hurt Adams , John Krojcek and Albert
Bpalstat , threa young men charged with
breaking into a Union Pacific freight car
and stealing a miscellaneous collection of
articles , pleaded not guilty and were re
manded to await trial ,
Leon Howltt , better known as "Sleepy , "
waa arraigned on the charge of breaking
Into the saloon of William MclCenna on North
Sixteenth ttreet last December and stealing
a large and well selected variety of wet
goods , tobacco and other luxuries , all valued
at J43.GO , He denied hid guilt ani was al
lowed to go on bonds.
After the Jury panel had been disposed of
by Judge Baker a number of prisoners who
have been In Jail awaiting trial for some
time were arraigned to pleail to the In
formations filed against them. Among them
were Frank and Kinmct 1'oyton , the- two
men charged with assaulting and robbing
"Blanche" Kennedy , the South Omaha
gambler. The men are charged with having
followed Kennedy from his "Joint" to his
homo November 13 , last , and with having
then shot at him and robbed him of a roll
of money , When they were ready for
arraignment It was discovered that the
bailiff In the county attorney's oillce had
made a mistake In the year and had made
it appear that the crime was committed In
November , 18,7. Tbo proceedings were
Awarded
Highest Honors World's Fair.
CREAM
BAKING
POWDER
MOST PERFECT MADE.
A pure Crape Cream of Tartar Powder. Free
fiom Ammonia , Alum or any other aduUcur.t
40 Years the Standard ,
therefore delayed until a new Informatloi
could bo drawn up and the usual form
gone through with , causing a delay o
several weeks and putting the county to th
expense of keeping the prisoners that mucl
longer.
When J. P. Smyth was arraigned , charge
with stealing a horse belonging to Dr. W. 0
Bridges , Itwas discovered that the sara
bailiff had made a mistake In the papers li
Smyth's case , but Smyth good naturedl ;
agreed to let It go and entered a plea of no
guilty , In a criminal case , however , th
right of the defendant to waive any of hi
rights U questionable.
V. 31. O. A. MI'hT ' PAY ITS TAXH
llnllilliiK X t I'Hi-il l3\i lliNl ely for He
Judge Kcysor ys'tcrday denied the ap
plication of the Young Men's Christian as
soclatlon for an Injunction to restrain th
officials of Douglas county from levying o :
the building of the association at SUtcentl
and Douglas streets to satisfy a claim o
$2,000 alleged to bo due the county as taxe
on the property In question.
In passing upon the case Judge Keyso
said it war alleged by the agents of th
assoclitlon that the building Is used to
religious purposes and Is exempt from taxa
tlon for that reason. The county alleged li
return that the building Is not used ex
rlualvely for religious purposes and doe
not , therefore , come under the statute o
exemptions. In the answer of the assoclatloi
to this , It Is admitted that the lower part o
the building Is rented for stores , but It I
alleged that the Income darlvcd from thl
source Is devoted to the purposes of th
association , which are entirely religious am
educational.
Judge Kcysor said that It does not fol
low because the association uses the rent o
the btilldlnr ; for religious purposes that tin
building Itself Is used for rellnloua purposes
If this contention were good , the court said i
part of the building might be used for i
caloo.i and the rent devoted to religion
purposes rnd the same claim of cxempttoi
made. The Judge said he was Inclined ti
glvo the statute the most liberal construe
tlon , and thought the association ought nebo
bo taxed If It Is a religious Institution , bu
the proof failed to show that the bulldlm
was usjtl exclusively for religious purpose. .
and ho would , therefore , deny the appllca
tlon. In cci'elusltm , Judge Kcysor said hi
thought thn association might possibly bi
entitled to a dlvUIon of the taxes lovlei
and suggested that the association appeal
before the county commissioners and asl
that a part of the taxes bo remitted.
Cotitti'f'N CumSrt for Trial ,
The county attorney announces that he In
tends to take up the trial of Jerome K
Coulter on February 15. Coulter stand :
charged with embezzlement while holdln ;
the position of deputy treasurer of the clt ;
of Omaha. He was the deputy under ex
City Treasuicr Henry Bolln , who was con
vlctcd at the September term of last yeai
of the charge , of embezzlement of ? 10j,00 (
and sentenced to the penitentiary for nine
teen years and to pay a fine of double tin
amount of the embezzlement. Coulter test !
fled at the trial of Bolln and the Impressloi
prevailed that the case against Coulter woulc
bo dropped , but the county attorney Eays
the case will be pushed as vigorously a ;
possible.
_
SVIdoiu , HUM lIiMiiIiic'lie.
PUNK. Neb. , Jan. 7 , 1S97. Mrs. J. P. Aller
of this place writes the following voluntarj
statement for publication : "I have been r
great sufferer from sick headache. I pro
cured a box of Hodd's Tills , and before 1
had finished taking them I was bettor. II
Is now very seldom that I have a headache. '
Mrs. J. I' . Allen.
Hood's ll'lls are purely vegetable. 25c.
Loaves Omaha 5:03 : p. m. EXACTLY.
Arrives Chicago S:20 : a. m. NO LATER.
TUB BURLINCTONT1S "VESTIBULED
FLYER. "
Swift site , luxurious.
Tickets at 1502 Parnam street.
KXTKKS ( i .VHUAI , DENIAL ,
DeiiloH lliliiur Worked Any Fniiulu-
leut .Suhciiicx.
James J. Walker , agent for the Inter
national Publishing company of Chicago , was
placed on trial yesterday In police court
on the charge of obtaining money by making
false pretenses. The complainant in the
case , Ida B. Wlman , alleged that she was In
duced to give Walker a deposit of $3 upon
the representations of Walker that she woulJ
be given Nebraska as hci' territory In which
to sell the company's books at a certain
salary. She nworo that Walker had promised
her a Job as agent for all the company's
books and was to pay her $10 a month. She
signed a contract , which was offered In evi
dence. This showed that she was to sell but
ono book , an encyclopedia , and that she
was to get 50 per cent of her sale ; . When
she was fitted out for work she was supplied
with a sample of one book , "The Inter
national Compendium of Practical Knowl
edge. " The woman stated that she had
signed the contract without reading It.
Walker's defense was that his agreement
with the woman was that shown In the con
tract. Ho allege- . ! that she became dlssatls-
led with her bargain , and , because she could
not get back the $3. put up as a guaranty of
good faith , caused his arrest.
The case was completed , but Judge Gordon
reserved his decision until this morning.
tT < " Know.
It may bo worth something to know that
the very best medicine for restoring the
tired out nervous system to a healthy vigor
la Rlectrlc BIttcra. This medicine Is purely
vegetable , acts by giving tone to the nerve
centers In the stomach , gently fitlmulatts
the Liver and Kidneys , and aids these or
gans In throwing off Impurities In the blood.
Electric Bitters Improves the appetite , aids
llgcatlon , and Is pronounced by those who
lave tried It as the very best blood purifier
and nerve tonic. Try It. Sold for 50c or $1.00
per bottle nt Kuhn & Co.'a drug store.
NOT IX Till : FAIIR ,
II u lii ( lie Train Service ,
Is where you'll find the difference If you go
: o the Inauguration over the Pennsylvania
Short Lines. Through trains to Washington
every day from Chicago Union Station. For
the Inauguration the service will bo espe
cially convenient. Low rate tickets on sale
March 1 , 2 and 3. Ask Traveling Passenger
Agent W. W. lUCHAlinsON ,
Omaha , Neb. , or
II. n. DISHING ,
A. G. P. Agt. , 218 South Clarlc street , Chicago
cage , about it.
OA. > XOT I'.VV OVKIl THIS AMMOXY.
I'i'tvrNi'ii n\ilnliiH Why II - KiiIlM ( o
Uoiuiily uldi CDIII-CN Order.
Peter Petersea , thn defendant in a divorce
case brought by Andrea I'eterton , filed a
showing yesterday why ho should not
bo hold to be In contempt of court for not
paying his wife $15 per week as alimony
ind also paying her attorney a fee of $50 ,
I'ctersen says In his ailldaUt that Ilia wife
ias done everything In her power since they
were married In New York povrral years
ago to make life a burden for him and has
'ollowod htm about from place to place over
the country , Interfering with his busing to
such an extent thai ; ho cannot find cmploy-
uent anywhere. He charges that shu has
been the means of his being discharged from
i good position with a local tailoring
establishment and that ho has no other
means of earning a livelihood. Ho also says
that ho would pay the money Into couit with
great pk'abiire , but adds that ho has not n
cent In the world. Hence he asks that be bo
relieved of the charge of contempt and r.ot
confined la Jail fop not doing an Impossible
thing.
"The XurllMVemcrn Line , "
1101 Farnam Direct. ,
rhe ' 'Oyeiland Limited" leaves at 4:15 : p. ni ,
The "Omaha-Otilcago Special" Uuvca 0:30pm. :
Flftfou liinuti to Chicago.
Rates low , Standard of cqulprnt'Ut high.
uinn.
UTUQS Mury.A. , HEM 5U yearn , Jinuuy : 31.
1897. wife of c'uptuln ' William JI.KKX. \ \ \ .
at the rccldpni-o of her dnutihter Mrs.
Alexander McMillan. 2'M ' Hamilton strcu.
Funeral IVbrutvry 2 , W7 , 1 "Uj p. m. In-
tcimeiit Fprcbt Utiuu ivmUbry.
rUTTIiAliuy ' , . wlfis of F C Tuttl" .
at her home , 8J13 SHinnl Hiroel FI brutiry
1 , 1897. FlintnilVcduuiduy a" 5 p. in
from residence , to Foiicst Lawn c < m-
etery.
LEGAL BATTLE IS PROHISEI
Several Interesting Questions Brought On
in the Contest for the Properly ,
FIGHT OVER SALE OF THE CREIGHTOI
< if n Special Mnntcr Commit
NloniT to IH-tcKntc HlH Authority
to Mulctn Sulc IN < lmix-
I tloncil by the l.ntv } or .
The proceedings In the fole of the Crelghto
theater property under forccloiuro continue
to be the subject of discussion among th
legal fraternity and others. Some of th
legal profession advance the Idea that thcr
was no legal sale of the property for th
reason that the matter commissioner has n
authority to delegate his powers to a dcputj
but this vlow Is not generally supported
It Is conceded , however , that a pretty lega
controversy is liable to follow before th
matter is finally adjusted. The report of th
matter commissioner will be filed within th
next few days anJ a motion to confirm th
ealo will bo made before one of the ctiult
judges. At tills time the legal status of th
case will be tried and the court will b
asked by Messrs. Klrkcndall and Heed , t
decree that the property belongs to then
under their bid of $117,000. At the sam
tlmo n. W. Nash , who bid $117,500 for th
property , representing himself as "trustee,1
will ask that the report of the master com
mlssloner bo confirmed. Both these partlc
are anxious to have the sale declared valli
and In their favor , but If tome of tha etna !
stockholders In the Crelghton Theater Build
Ing company were to come Into court am
ask that the whole proceedings be tot asldi
on the giDtind of fraud the situation wouli
be still further complicated.
Considerable Interest has developed as ti
who n. W. Nash , "tiustee , " represents. Th
Omaha Street Hallway company Is the larg
cst stockholder In the Crelghton Theate
Building company and a great deal of com
ment has been heard as to just how a com
pany chartered to do a general transporta
tlon business can cngago In building specula
tlon. Another nice point also Is whcthc :
the Omaha Street Hallway company Is to hi
among the stockholders who would bo "fro *
out" In the deal. That there was a plai
among some of the larger stockholders ti
"freeze out" the little fellows by buying tin
property for a small part of Its real valui
and thereby becoming the owners to the ex
elusion of the small stockholders seems t (
be generally conceded , but just where tin
Omaha Street Hallway , company will land li
the transaction seems dlfllcult to determine
In this connection P. J. Karbach wishes I
understood that he was "not In It" on the
deal to freeze out" the little fellows. II (
says ho was among the victims and wlshei
his friends to understand that ho was no :
concerned In the deal of the larger stock
holders.
You cannot deny facts , and It Is a fact that
Salvation Oil la the greatest pain-cure. 23c.
IIUIIM.WSTOX KOUTI2.
California i\oiirsloiis.
Cheap ; quick ; comfortable.
Leave- Omaha 4:35 : p. in. every Thursday
In clean , modern , NOT CROWDED tourist
sleepers. Through to San Francisco and
Los Angeles without change.
Scenic route through Denver and Salt
Lake City. Uniformed porter with each
car. recursion manager with each party.
Second class tickets honored. Best of care
taken of ladies unaccompanied.
For tickets , berths and folder giving full
information , call at ticket oJIlce , 1502 Far
nam street , or write to J. Francis , eGu-
eral Passenger Agent , Omaha , Neb.
GUKSTS OF LOCAIj TIIKOSOI'HISTS.
Siiiincr to lie tilvcu the Poor niul
Hungry.
The Theosophlsts of this city are to give
a free brotherhood suppsr to the poor and
hungry. It will bo held at Bishop's dining
hall , 1517 Capitol avenue , today at 4:20
p. m. Nothing will bo asked of these who
como , either In the way of work or of listen
ing to any teaching or lecturing. Burcham
Harding &ald :
"Tho supper Is Intended simply to show
the hungry who may at'.C'nd that there are
yet people In the world who do not expect
something in return for what may bo given.
"Wo believe that cvcrv ono Is entitled to
three square meals a day and the necessities
of Hfo , and they will get them when Theo-
sophlcal principles are applied.
"Tho Idea Is to show to the hungry that a
dnd action Is not invariably accompanied
by a design on cither the muscle or the soul
of man. Tickets will l > e 'Issued to the full
capacity of the restaurant. Jlombers of
the Thoosophlcal society eat and converse -
verso with their guests upon any subject
that presents itself naturally. Nobody tells
about thought transfere'ice , transmigration
or any doctrines likely to Interfere with an
ordinary person's digestion , " said Mr. Hard
ing.
Plenty of good and wholesome food will
jo provided at the supper.
Iliicklln'n Ai-iilcn Snlvo.
The best salvo In the world for cuts ,
irulscs , sores , ulcers , salt rheum , fever sores.
ettcr , chapped hands , chilblains , corns and
all skin eruptions , and positively cures piles.
or no pay required. It is guaranteed to glvo
> crfect satisfaction or money refunded. Price
! 5 cents per box. For sale by Kubii & Co , ,
Omaha , Nebraska.
"The Overland
To Utah In 20V& hours. California in COVi
lours via the UNION PACIFIC. This In
the fastest and finest train In the west.
rickflts can bo obtained at city ticket office ,
,302 Farnam street.
IIM.S FOIl .MOHTfiAOK FOimCI.OSUHK
Heal R tnle Hxoliniiirc DlHciiHHfN
nroN for Helli'f oil thlM Iilnc.
At a meeting of the Heal Kstato exchange
estcrday afternoon the principal discus-
Ion was upon the bills relating to the fore
closure of mortgages now before the state
cglslature. It is understood the legislators
vlll pass the bill drawn up by the exchange
f the latter organization will consent to a
lellctcncy judgment claim. As nearly all
ho members favor the Insertion of such a
Inusn It Is probable the exchange will agree
o the proposition. A vote on the matter
vus not taken because of. the small number
f members present. Action was deferred
until the next meeting.
The firm of M , J. Kennard & Son waa
lectcd to" membership ,
Tlicro was also some discussion of mat
ers pertaining to the exposition ,
Forty years in the market , still booming
vlth greater sales than ever. Cook's Im-
lerlal Extra Dry Champagne.
SIx-Tlilrtj I . J > 1. Train.
of the
CHICAGO
MIMVAUKKH
& ST. PAUL HY.
* Beat bcrvlco ,
ELECTHIC L1QHTS ,
Dining car.
City oflU'o : 1504 Farnam.
VllH TUVINO TO DKFISAT TIII3 HIM *
iirt-L't Itnllmi } ' Comiimiy DOCH JVol
AVant I Vi-Ntlluili-N ,
It Las been an open secret among the
mplojeb of the Omsha Street Hallway com-
> any for tome tlmo past that the bill lately
ntroduccd in the legislature to force the
cmpany to provide vestibules on the cars
\culd bo nipped In the bud bj the company
dlllelals , The report gained color yesterday
v lie n it \\t\a learned that Mr. Morsman and
"rank Murphy had selected a man from
cadi of the lines lii the city , and jiad taken
bciu to Lincoln to testify that vestibules
eio an unnecessary adjunct to tlio equip-
ucut of the road. Just what effect such
IllJavlta will have upon the legislature 1 <
till an upon question.
A Sllsht Cold. If nralocttd often a"a J *
ht > lutit , " Brown's bronchial T-o lies give
mo iul Immedliito relief. Sold only 1 >
boxes. Pi ice 2 $ ccuta.
\0 CIIA.Min l.T1IK Illil'OT 1'I.AN !
llolilrrKo.pn ? it Work AVII
llrKlninr < Month.
General Manager Uojdrcgo of the B. t
M. returned yesterday from Chicago an
Burlington , at which place he had been I
consultation with President Perkins
Asked if there was ny truth In the rcpor
that the plans for the depot had been en
larged , Mr. Holdrego said : "No , wo hav
not enlarged our plans. Wo have not yc
fully decided upon them , The dimension
have not yet been determined even bv our
selves. We expect to gtait work on March L'
In reply to a question concerning the nev
contract , by which the Burlington runs twi
Chicago trains over the Union Pacific bridge
Mr. Holdrcgo stated that there was HI
significance whatever. He added : "We havi
been running our St. Joseph trains over tin
Union Pacific bridge. By the new conlrac
wo merely add two more- trains to the num
tor crossing the Union Pacific bridge. "
MAM > nH ! < O.1 \ I.'ItO.M WASHINGTON
Ij.MieolN to llcrovcr CoxtM from tin
Government.
General Manderson , general solicitor o
the B. & M , , has returned from Washing
ton. To a Bee reporter he eald yestcr
day : "One of the objects of my visit wa
to secure a refunding of the costs Involved
In the land grant suits that were instltutc <
against purchasers of land along the Burling
ton route and which wcro later withdraw !
by the government. The amount Involved I ;
somewhat over $2,000 , and I think that li
Is likely that wo shall recover all of It.
"I also Inquired about the condition of tin
railroad pooling bill. I am satisfied thai
nothing will bo done with it during the
present session of congress. Congress h
away behind In Its appropriation bills
further behind even than usual at this tlmo
so It's quite certain that nothing will bt
done about the pooling bill. "
IiiereiiHi * In KrelKht II
* "Thcro Is more grain moving than thcri
was a wclte ago , " said Superintendent Buck
Ingham of the Union Pacific's car servlci
yesterday. "The Increase Is slight , bu
It la noticeable. The orange crop of south
era California Is beginning to move cast
ward now ami wo are getting a pretty gooi
haul out of It. Thtpp ere much bettc ;
oranges than those of ths early crop , whlcl
went through lu-ro In December. From i
dozen to llftcen cars of oranges ere nov
passing eastward dally. The volume o
this business will incrcass from now on
It has only just started now , and in a wool
or so we shall be handling twenty-five 01
thirty cars a day. "
Knlluny * 'orM mill 1'erHoiinlM.
President S. II. II. Clark o ( the Unioi
Pacific and Mrs. Clark left for the east yea
tcrday.
General Claim Agjnt Manchester of thi
Union Pacific has returned from a two weeks
trip to New York City.
Tralllc Manager Johnson of the Hock Islam :
passed through Omaha In his private cai
yesterday en route westward.
Government Director Patrick of the Union
Pacific has returned from the east. He says
that hp Is of the opinion that the road will
go nt foreclosure sale and that the prop
erty will be bid In by the reorganization
committee.
An extra Union Pacific train , drawn b >
locomotive No. 777 , nt Cayuga. this state
Sunday afternoon at 1:30 : o'clock struck c
wagon and a team of horses. The horses
were killed and the wagon was smashed tc
smithereens. No trace of any occupant
could be found. A damaged case of beet
and the remains of a half keg of whisky
wcro found near by. It Is presumed the
people In the wagon -had become Intoxicated
and allowed the team to wander on the track.
IMC Alt IIIU3V1TII3S.
HIchard Smith has leased the Barker hotel
and Is now duly Installed as manager of the
liostlery.
Colonel JamoB . Caiicy , commanding ofilcer
at Fort Creole , will ictire frofn active serv
ice on February 23.
Owing to the contluucd Illness of Attorney
Offutt , the Brlggs will contest has been in
definitely postponed.
Patrolmen have reported to the chief ol
lollca that Sunday night a half dozen , kero
sene lamps In the suburbs of the city were
lot lighted.
Harry E. Smith , formerly steward at the
: nstltuto for the Feeble Minded at Beatrice.
las accepted the position of cashier at the
Barker hotel.
Last Saturday a sneak thief carried away
several pairs of shoes from Shafruse's shoe
store while the proprietor was In the rear
part of the building.
The Board of Public Works will receive
bids for repavlng South Sixteenth street
vlth sheet asphaltum and for resetting the
curbs , up to February 15.
Captain A. C. Sharpe is relieved from duty
as acting judge advocate of the Department
of Colorado , and on February 8 he will join
its command at Foil Crook.
Henry Mlcklo and Charles Gallagher , who
lad a sctto In the central portion of the city
Saturday night , were flned $10 and costs
each yesterday on a plea of guilty.
Frank Klmball has assumed the manage-
nent of the Merchants' hotel and has
appointed J. W. Hill as chief clerk. For two
years prior to the appointment , Mr. Hill
lad hold the position of night clerk of the
10UCO.
The county treasurer's office did a rushing
justness last Saturday , that being the last
lay on which personal taxes might bo paid
vlthout being delinquent. The total amount
collected was $25,000 , nearly all of which
vas on personal taxes.
H. Henry Thorpe , better known as the
'Boy Tramp Orator , " and who made a num-
ler of speeches In this city last fall dur-
iifj the political campaign , has bought a half
merest In the Hepubllcan , published at
Ilckman In Lancaster county , this state ,
Frank Illldltch , who has severed his con
nection with the Barker hotel , was kindly
emembcred last Saturday night. The
; uests and boarders of the house presented
ilm with a fine gold watch. The prosenta-
lon bpeech was made by C. II. Howard.
Harry New , who has been chief clerk at
ho Barker hotel for a number of years , has
C3lgncd to accept tbo position of night
lerk at the Grand hotel at Council Bluffs ,
'he guests at the Jiarker presented Mr.
"Jew with a gold headed cane last Saturday
night.
The Homo Fire Insurance company has
ommcnccd suit against the city of Omaha
o r < : o\er on a warrant for $3C5,04 , 'Issued
Jeccmber 2G , 1S91 , to pay the damages arising
rom the condemnation of property taken for
penlng Canton street between Thirteenth
nil Fourteenth streets.
At 10:30 : yesteulay a blaze of unknown
rlgln aot fire to the kitchen in a
ramo building at 1014 Davenport street , oc-
upied by Lewis Stono. The lire was ox-
Ingulehcd by the department after some
25 damage had been done to the contents of
IIQ building. No loss was sustained on thu
ulldlng.
Fred Austin arrested by Chairman Munro
f the Board of Public Works on the charge
f stealing a Mdoufalk near Thirtieth and
Vanklln streets several days ago , was
csterday discharged , ' Austin succeeded In
onvinclng the court that he believed the
Ity had no further/ use for the walk , Ho
111 return the lumber to the city.
The monthly report of Chief of the Flro
) epartmcnt Hedell ifor January shows that
ho loss by flro was ( C.G15 , Of this $ lr5 !
vas unlnsure I , making the total Ions to the
isuranco companies during the month
U,4bO. The value of the prop'erly in jcop-
rdy waa $160,850 , and It was protected by a
otal Insurance of $99,150 , There wcro
wenty-two fire alarms.
I7or Infants and Children.
Slo fie-
VA < " "
The Perfume of Violets I
Tlio purity of the Illy , the rlovv of the roce , y
aud lUo llusli of II i bo combing la Pozzom'a I
ivoiiilrcus I'owiicr f-
RUN DOWN BY A STOCK THAI
Terrible Accident on the Missouri Pacif
Tracks North of the Oity ,
GUY DONAIIOO IS FR1GIINTFULLY MANGLE
liny I.ORCN Until I.CKH AVIillc I'li'kln
Up Conl AloiiMT tile TrncItM , Ho-
In Illn Dcnth n
KCMV HoiirN lnor. (
Guy Donahoo , 13 years old , was struck b
a. stock train on the Missouri Pacific rail
road tracks , near Fourteenth and Manderso
streets , yc-ilcrday morning. The accldcn
occurred at about 10:30. : The- engine an
several car * passed over lilm. Both leg
wcro cut off at the knees and the unfortunate
nato boy died at Clarlcson Memorial hosplta
about 4 o'clock in the afternoon , i
The boy Is the eon of a poor woman , Mrs
L. S. Donahoo , who resides at 3714 Nort
Thirty-fourth street. She and her husban
have separated on account of domestic dlfil
cuttles. Guy , together with his brothci
Jesse , who Is 16 years of ago , rcmalnc' '
with his mother. In the hard times th
members of the llttlo family have found I
most difficult to got along and the boy
have helped as much as they were able
One of their means was to pick up from aloni
the railroad track the coal that had fallc
from engine tenders. Every few days the
left their home on such an errand. Yes
tcrday at S o'clock they set out on anothc
ttlp. A llttlo after 9 o'clock they rcachc
thu Missouri Pacific tracks and for an hou
or mono engaged In picking up the piece
of coal that were lying about.
The two boys wcro walking south on .th
west track , near Fourteenth and Manderso
streets. Jesse was to one side of the rail
and Guy was between them. Guy says h
knew nothing of the approaching' ' train , a
though the ti alt men allege that they blu\
their whistle. The engine struck him an
dragged him beneath the wheels. The en
tire seven or eight stock cais , which com
prised the train , passed o\er both his legs
The cars were being switched from ono par
of the yards to another.
The little lad was a ghastly sight who
ho was picked up. Despite the severity o
his Injuries ho retained consciousness , Ir
Carpenter , who was In the vicinity at th
time , was summoned by some trainmen. II
bandaged and bound the wounds as well a
ho could. The patrol wagon was called an
the boy was removed to the hospital. II
displayed remarkable courage , and , althoug
ho complained of the pain never uttered
word or cry on the trip to the city excep
when the doctor touched his Injuries. The
ho screamed In n heartrending manner.
Early in the afternoon the mother of th
boy visited him at the hospital. She wo
almost heart-broken at the sight of he
mangled son.
Superintendent Hurry Gllmore of the Mis
souri Pacific Belt line in the afternoon stated
that from un Investigation made ho was o
ttio opinion that the boys were stealing a
ride. Ho had learned that the train stoppei
at Oak Chatham , some blocks northwest o
Mandcrson street , to make some repairs or
the engine. It Is believed that the boy
got cm there and rode down to Mandersoi
street , where they attempted to- get off , am
Guy was run over. The train men saj
that they did not bco the lads on the track.
There Is no better proof of the excellence
lenco of Dr. Bull's Cough Syrup than tha
It Is recoiunended by leading physicians.
Kxc-iir.sloiiH South VIn the
On Tuesday , February 2 and 1C , the
Wabash will sell tickets to all points soutl
at half faro , with $2 added. For tickets am
further Information call at Wabash ofilce
1415 Farnam street ( Paxton Hotel block ) , or
write G. N. CLAYTON , Agent.
It n INCH n Iicunl OiicNtloii.
City Treasurer Edwards has decided thai
ho will not recommend the Issuance of bonds
for the purpose of refunding the outstand
Ing warrants. Ho Is assured by the lega
department that the bonds cannot be Issuci
except by aoto of the people. This being
the case , a rather peculiar distinction Is dis
closed. The council has twice voted largo
Issues of bonds to refund previous bonds
but according to the present ruling it can-
uot issue bonds to refund warrants.
HOUTI : ;
KxcurHloiiN. I'VI > . 2 ,
To points south and west half rates , plus
? 2.
Call at ticket office , 1502 Farnam street.
J. B. REYNOLDS , City Passenger Agent.
Ilnncall-Sliilit r.locclnii Contest.
The IlaEcall-Stuht election contest for the
possession oJ the scat of city councilman for
the First ward was set for hearing In the
county court yesterday , but neither of
the parties to the case was anxious to get
Into an expensive contest when the tenure
of ofilce of the successful party may be cut
short by an election In the spring. It was ,
therefore , decided to continue the case until
February 24. and bo governed by what the
legislature does In the matter of amending
the charter , i
There doesn't seem to be
very much the matter with
your child. He doesn't ac
tually lose weight , but there
is no gain. He belongs to
that large class of children
that don't seem to prosper.
You look at him a little
more thoughtfully than you
do at the rest and say " He is
not doing well. " Failure
to gain in weight in a child
is a danger signal. Scott's
Emulsion should be taken
at once. It puts on fat
where health demands it ,
strengthening the digestion.
SCOTT & I10WNE , Chemists. New York.
Take Your Watch
and Jewelry
Ilcpcalrlng to
11.- South Kith Slrot't.
I
Raymond
is selling his entire
stock of Jewelry
Watches , Cut Glass ,
etc , , at all the way
from 25 to 50 per
cent discount.
RAYMOND ,
J-jwclcr , 15th und D.mgl ts.
Uco , March 1st , 1SOT. f :
A NEW
CONDITION.
"lint tlinxmli tlio nMlliy ( n oonmintp ftrrnt n niilllo of prnoil * n
IIciv coiiilltliin iif n Hill linn iirlwi-ii , In uliloli n rplnll OMtiiltllHhiuoiit
In frpiniciitly nlilo ( o iny in InrKor iinntitlf ICN unit ni-11 at lower prloon
tlinii tin * Jolitirr. Mini from Umr out of in I nil IIIIH IIIM-II tlio K < i-lioM ecu
from niiiniifiiclurvr to retailor. " .Sorlbiior'n Inirnrtiio , Jniitiury iiiuulicr.
That's it exactly. A new condition has arisen. We'ro
selling men's cassimcrc shirts at retail , this week for $ i each
$12 a dozen that the jobber sells to some stores at $18.00 a
doz We are also selling men's heavy homespun woolen sox at
2 pairs for 250 St.50 a dozen that are being jobbed not very
far from here at $2-0 ° n jgggi. | On account of our "ability to
consume great quantities of goods" we arc doing things every
day and every week , that makes The Nebraska the best
place for you to spend your money at the safest as well as
the most economical place. Such shirts for a dollar , and sox
for a shillin'l We shou'd say a new condition had arisen.
Spring Catalogue ready Fcb < i th. Postalize its.
100 different Rockers at 3s3
nrirr E0 Combination Book Cases at these lov |
special jJlil-i-s , prices : $10. ? 12. $11 , $15 , $18. $20 , { 25 , $30 ,
12th and Douglas.
I'rlmnry , Secondary or Ter
tiary Illooil 1'oisoii perma
nently cured in 15 to as
dnye. You can be treated at homo
for the same prlco under cano
ffunrnnty. If you prefer to como hero we will
contract to pay railroad fare and hotel bill ; , an J
no charge if wo fall to cure. If you have taket
mercury , Iodide H"H" H tft ) R 0 0 ( f1 B Bf potash , and still have
aches and pains , Mucous B B * 2' * * B' BB U patches in mouth ,
Wore Throat , FIuiplcH , Copper-Colored Spots , Ulcers on any part of the body ,
Ilnlr or Eyebrows fUIIIne out , It Is this BtOOl > POIHO.V that we guarantee to
cure. We solicit tbo most obiitinnteft H B f3 ! ! 5 * i ? i f3 > \ ? "R"UC ? ca.scn and
c-.r.iccse the world for a case sL * < LS irS. t i 1J ? K3Y Q BH& . tvocaciiot
cure. Tlilo disease IIP-Mil ways Imfllcrt the skill of the most eminent physicians.
S.IOO.OOO capital behind our unconditional guaranty. Absolute proof ) * sent ecaleil on
application.
Address COOK ItE.IIEI ) ! CO. , Gfifihf&M PS& KI
807 Masonic Temple , CHICAGO. 1M , . < UI&9y § & HBEaBiBEat
Let Nicoll take your order
his week for a suit , made to
your order at $15 , $18 or $20.
It's a chance that seldom
occurs.
We want you to get ac-
[ uainted with our method of
! oing business.
We want you to know that
t pays to trade with us.
Ask the salesmen to show
you the workmanship and
rimming of garments.
Examine closely the sewing
of the seams the stays the
xicket points the shaping
and finishing.
These are the items that
add cost and give quality to a
jroperly made garment.
Trousers $4 , $5 , $6 , $ ;
207 So. 15th St.
KARBACH BLOCK.
Ml. IIAINES1 M01.IIKN NIMM'II'IV ' " „ !
NNESS
li ran hoidieu nllliuut llu > Unoiilciliri' < > l"
li imllcul Inrollii' , li-nururlMfiof food ; will
elCn't it iHTiiuuiint mul | i < il ) euro , whctlifr Ilm
latlcnt lit a iiKi'lrrfitt' ilrlnkri or on nlcohullc wreck.
, ' , jn to hail of
Hook ( | iirtli'uUl free
Kiilin A Co. . ICIh A : l > uugluMM > > Omalia , Nrb ,
GOLDEN SPECIFIC CO. , Prop's. Cincinnati. 0.
SWWttu hi Hull IiuckenUwiiiiliitiUtU. uiUf4fiM.
IY purchasing goods made
nt tin ; following Nebras
ka factories. If you can *
not liiul what you want ,
communicate -with the
t
* * manufacturers an to
\v h u t dealers handle
their goods. - =
DAGS. BURLAP AND TWINE.
II12M1S OMAHA 1IAO CO.
Munuructuicra of all klnli of cotton anil bur.
lop bat'H. rattan lliur encki and twins u spto
lofts' . GU-niO-618 B. lltli St.
BKEV/KIUE8.
OMAHA IJItUU'lMi ASSOCIATION
Car louii ililpmenU niuae In our own refnk.
erator curs. Iliue Itlbbon , lillte l.'ioort. Vlen& *
Export und Tamlly Uxport delivered to all PIV.-IU
of tiia city.
IHON WOHKB.
UAIS .t ( J.U ( ill.JU IUO.V WOltlCJ.
Iron inn ! H.MHS I'omulrrn.
Manufacture ! ! ) Mid JoLbcn of Machinery , lltn.
< ral repairing a peclnltv. 1501 , 1UU anJ UQ1
Jickson street , Omalu , Ktu.
I.MM1STHIAI. IIIO.NVO11ICS. .
Manufacturing nnd repairing at oil Iclmli nt
machinery , etiKl'ica , numiw , vUxulurn. pr nllnu
nrcfijea , tinnier * , Mulling una cuuplinui , liU anJ
MOS Howard HI , , Omaha.
I'AXTO.N A. VliitMMJ , Iltll.V WOHIC.S.
Manufacture oi .ircliltecuiral Irin Work.
Qeneial FuunJiy. iluclilm and Ilinckmnlll walk.
KnclncciB unJ Conlrnrtnn for Pit * Troof llulW-
ln , Olllca anil works : U , ] ' . Ily , nJ Bj.
17th HtrfPt. Omntm.
NIGHT WATCH. Firm SKHVICB.
A.MiillCA.\ :
The only perfect prit'.ctlon to piop < rly
In * < l , lleil thtnK on rartli. Deduct * Iniurunca
rules. U04 Douglas tre't.
8I11UT FACTOUIK3.
J , II. KVAfiS N13IIIIASIC/ .
COSH-AM' .
Kxcluilvs custom ihlrt tailors. 1111 Kamam.
TRNTS AND AWNINGS.
' AMUHIOAN TIJVJ' ANI1 AU'.MNtJ CoT"
/viiilnf" . Tints , Uoreo Cavern. I'luuu and
t bullns. Tents for rent , Balcbroom 613 Boutb
fllxUtntli street. Telephone ( W.
Your mouth opens you show
people the condition of your
teeth. Lot thorn BOO that you arc (
particular ahout your tooth.
Set Teeth , $5.00
Ilest Teeth , S7.RO.
Gold Crown , 22U , $5.00
BAILEY , Dentist.
iady uticnnuut , Ud Hour , 1'axton , ullc