na
TJMO OMAHA DAILY Sl'NDAV , 20 , 1807 ,
COUNCIL BLUFFS DEPARTMENT
Mivno > .
Dr , Shrlvcr. dintlst , .Merrlam blk. . room 246.
Smoke Ollle s Choice , 1623 South Main
street ,
Mhs Chrlstcna Olcccn Is visiting friends
nt Avoca.
Kor "ale-Oak finished family surrey ; geol
ns now ; cheap W. A , Mnurer.
Mr. Tucker of Oloinvood will sing at the
Congregational church this morning.
SatlMictlon guarantied st the reliable
Illuff flly strain laundry Phone 314.
Mr * Hpnry Dale , who has been seriously
111 , I' reported to be Improving rapidly.
The district convention of the Wonnn's
Ilellpf corps will meet nt l egan nrxt Tues
day.
day.MIsi Dora Andprson Is confined to her
home nn K st Ilroadway by a serious attack
of OlncsB ,
Kldcr T. W. Williams will speak today ,
both morning and evening , at the Latter Day
Enlnla' church ,
Tl.o adultery case in which Mlllan Pciffer
nnd Hnrry West am the dcfcmlants was con
tinued by Justice Vlcn yesterday.
The I idy Maccabees are requested to meet
In Ihe Mono building Tuesday afternoon at
the usual tlmn. Visitors always welcome.
It. I. . Jlaworth of Hnworth & Sons , Do-
catur. III. , who has been here during the
Omaha fair , will leave for Chicago this even.
Ing.
Ing.O.
O. H. Fiancls nud Dyrou Ilradley of nrad-
ley. 111. who have been the guests of David
IJradloy & Co during the fair , left for their
liumu last evening.
12. O. Mllett of Louisville , representing ono
of Kditucky's most promising Industries , was
in the city } csterday. He will spend Sunday
at the Paxtoti In Omaha.
Wo wish to do the work the way > ou want
It. Tell us If we don't and It wilt be done
yom way. Nothing in tins laundry line thut
the "Ragle" can't do. 724 Ilway.
Mis. Albln Hustcr will bold her fall open
ing of millinery next Monday nnd Tuesday ,
September 27 nnd 2S. Music Monday even
ing by Albln 1 luster's orchestra. First class
program selected.
'Chambers' ' Academy of Dancing opens for
lieglmioiri Tuesday , October 5tb. Compli
mentary reception and dance for adults Trl-
drty , October Sth. at 8 p. m. For mlssca and
milt ens Sat. , October 9th , 8 p. m.
The Patriots of America will hold a pub
lic meeting at Falrmount park this after
noon ati \ o'clock. Then"will bo iiultta I
number of brief addresses , but the main
speech will be made by Hon. L. H. Bolter i
of Harilson county.
Flro jestciday dcatrojed the'bains of An
ton Mamiiien , near Quick poatolllcc , and
hurncil up a gramuy containing 1,000 bushels
of oats and haj sheds containing se\cral tuna
of hay , A self-binder and all of the ha } lug
machinery used on the farm were also de-
Elro > cd.
n. II. Arnold , formerly of this city , met
aHa a painful accident at his home near
Hlnton station a few cla > s ago by which
ho unstained Injuries that have confined him
to hlB bed. Two ribs were broken nd nb
was otheiwiseseverely bruised by a fall from
a wagon.
The Ministerial aBsociatlon of this city
will meet tomorrow morning at 10 o'clock
In St. John's English Lutheran 'church , cor-
nci of Willow avenue and Sc\cuth street
It Is Intimated thai several mailers of pub
lic Intel eat will bo discussed while the min
isters are lu session.
As Mr. Albln Hunter Is not playing In Iho
Crelghlon theater orchestra thin jear and
his oichcstra Is not placing In the Dohany
opera house , he will make engagement's to
f mulsh first-class music for receptions , pai-
tlcs , dances , etc. , on reasonable terms. In
quire at olllce , 338 Ilway.
, J. W. Lang , who has been confined in th *
Women's Christian Association hospital for
the last month by injuries resulting from a
fall , is slowly recovering. For three wee-Its
he Buffered severely and \\as In a serious
condition , but bo Is liow progressing \ery
rapidly toward recovery. He e\pects to b >
able to make his regular business trips to
the Pacific coast in time for the regular
season's business.
T. J. Uuiillap , chief organl/er of the Union
Vetcian union , leeelved notlco jesterclny that
rates of one and onc-thltd fare on all roads
will bo made to the state encampment of the
Union Veteian union to bo held at Cedar
Haplds October 10 , 20 and 21. General H. L.
Street chief organUer of Union VcUruii
union uf Washington , I ) . C. , will meet Colonel
T. J. Dunlap at Davenport on October 25 to
proceed on a tour of organizing through No-
biaska , Dakota and Minnesota.
The v lllago marshal of Akron , la , has
wilt ton to the police hero acquainting them
wllh the fact tint be has In his possession
n 2-jeai-old child that be can't find clalmanU
for Hi ) j-ays in bis letter that he thinks the
child belongs in Council UluffJ , but neglects
to give any misons for bis belief. The police
officers are unable to discover any persons |
huio who have lost such a baby and they
are of the opinion that none of the active
} oungttui.s of tint age In Council Bluffs are
nblo to vvandei 200 miles away from their
homes without their parents finding U out
Onu of the jurors listening to the bcductlnn
cato tliut Miss Llzrlc Herbert Is prcuccutlm ;
in the dlt-.rlct court against Frank Schaefcr
was taken 111 yesterday afternoon and court
was adjourned an hour or two earlier tlmi
usual. Judge Macy has cautioned the atlor-
uo > s In motllf } their questions or ho would
apply some of the new rules. The attack
upun the young woman's character Is being
juade chief ! ) by testimony given by L. C.
Taylor , whu lias been brought up from the
Kort MadUon penitentiary for that purpose.
The prospects are that the case will last
a good portion of the coming week.
U. II. lliomns , who was living with his
family In the north end of the building
burned on Manhattan beach a few nights
ego , wai only able to escape with his life ,
and all of tau clothing of himself and family .
and all of Ihetr household goods wcio de
stroyed with the building , Thomas had placed
in an old trunk kept under his bed all of thu
money ho had buvcd during the season and It
was while he was tr > lng to get this trunk
out that he came near losing his life. For
tunately iicurl ) till of the money was In gold
nil silver and after thu tire Tiiouus and
Ills friends found tha money In Ibe ashes
of fhu building ,
Woslev Green , the Omaha beggar Indicted
by the gland jury for obtaining money under
false pietenses by using a forged letter of
recommendation , has pleaded guilty to the
charge. Green endeavored to procure as
sistance from bomu of his friends lit a novel
way. lie wrote a letter to a man In Omaha
requesting him to send back a letter which
would state that Green was forced to beg
to relieve the necessities of a desperately
Blck wife and a lot of hungry children.
GreenVletter contained full Instructions how
the document was to be prepared and stated
that It was to bo used In court when his
rase was called. The person to whom this
letter was addressed failed to get It and It
was returned to Green at the county jail ,
vhcre , according to custom , It was opened
by the otllcers , With this additional bit
of evlilt mo showing the character of the
man Gieen was advised to plead guilty und
did BO
C H , Vlarl Co. , fiinM" reu uayj consultation
free. Olhce hours. 9 to 12 and 2 to 5. Health
book furnished , S C-3' > 7-32S Merrlam block
N. V. Plumumg company Tel , 250.
Money In loan in an > amount at reduced
rales 01 , approved svcuilty. James N. Cas
dy , Jr. , ? 36 Main street.
Hi-ill KNMI' | 'I riiiixforN.
The following transfers are reported from
the title .nul loan olllce of J , W. Squire , 101
I'eiul street :
J , O , Maruutirdt nnd vvlfo to nmnia
K.UKC * , 1 In 2 Mamuurdt'H uulidlv
uf pait of lot 23 und 1 > S lot 2. , Avoca
Land nnd Loan eomiuny's tmbdlv of
p.uf of S-77-TO , Avoci. la , w. d J 123
C. L. LeTiler and wife to S trail A.
Ciir.f. e1 * ncli 1S-75-40 , w. d 3.GOO
ChurlrA. . Vunmeter und vvlfo to
Jumes Holler , vvtt cU l'J-73-HS ,
w. U , . . . l.tOO
IiVill.1 A. WcbHtur to Nathan 1' , Dodge ,
50 In 11 , I'lorce'8 HUbdlv , C , H ,
w , d. , 114
John L. Jones nnd wife to llcnj.imln
Jonei ) , undlvlj , HW'.i 4-77-U , vv. d. . , , 1.5M
First nutlomil imnk nf Omaha to the
National Lund company , V and. s C
foct , g in 1 , liuyllss' 2d add , C. 11. ,
und 0 In 30 , Illddlu'H uubdlv , C. 13. ,
w. d 7,219
Biz transfers , total } 1 < ,003
SOCIAL EVENTS OF THE WEEK
Mrs , Sapp's Party Pleases a lot of Bright
Little Children ,
COUNC L BLUFFS AT AK-SAP-3cf'S ' CCU.U
I'rmnliinit I'lncc * In Ilir
Train ( liven u .N mnlicr r
mill .MlNNi-H of Local
b < ielct > >
Mrs. W. F. Sapp entertained a largo party
of children at her home on Oakland avenue
jcstcrday afternoon , and managed to crowd
Into the lives of a lot of little people several
hours of joous pleasure. The party waa
In honor of the fifth birthday anniversary
of Mrs. Sapp'e little nephew , William
Wheeler Loomls , son of Mr. and Mrs. Fred
Loomls. All kinds of games were provided
for entertainment uf the children , but
the chief thing was the assault upon two
Immense piles of sawdust and their dcstruc > -
tlon. The motive for the onslaught upon
the sawdust piles was the ilcnlro to discover
a lot of treasures that Mrs. Sapp had con
cealed there. Thcso wcie the favors that
the children were most anxious to receive.
They were very choice and dainty bits ,
wrapped In tissue paper. After the lltttlo
ones had wearied at the other games pro-
i vlded tor their amusement they were marI -
I shaled around the caw dust piles , and at u
t gl\cn signal all went to work digging for
: the treasures. In a fraction of a second
i tha piles had lost their pramldlcal sym-
1 mi1 try and the little delvcrs were discovering
some raio treasures. Bountiful refreshments
vveio provided nt the clobe of the afternoon's
enjoyment. Master LoomlV guests were.
I Willie Maurcr , Robbie Uender , Lynn IJrown ,
, Clinton Hrowu , Homer Sherman , Kenneth
SMcrman , Karl Sebi-rt , Perclvat Mullis ,
Hei.ry Hart , Eldred Hart , Donald Macrae ,
Donald Atchlsou , Ned Atchlson , Frederick
Elwell , Cresoey Phillips , Dick Simons , Paul
Wttdsworlh , Call Lcfferts , Reeve Loomls ,
Ted Trautman. Wheeler Loomls. Herbert
Loomls , Ethel Waddetl , Marlon Tllton ,
Gladys Hart , Marlon Macrae Frances Kce-
llove , Marie Stowarl , Thcda Bercshclm , Ger
trude Thornton , Adelaide Wright , Edna Or-
cut , Ainauda Uuckman , Mary Wadsworth
and Ilaby Loomls ,
The Ak-Sar-Ben Jmll was a social event
that deeply concerned a large number of
the society women of Council Uluffs , nnd a
large number of them attended , while sev
eral held prominent places In the elaborate
ceremonies. Tbe society people here were
generously lemembered by the management
of the function , and few of those who re
ceived invitations failed to use them. It
required several ot Manager Dlmmock's
largest motor cars lo carry Ihe crowd.All
of the coaches Utcd were operated as specials
and were handsomely carpeted and brilliantly
lighted. Among those assigned to positions
ot honor by the king were Mrs. H. L , Cum-
tilings , Mrs Lucius Wells and Mrs E. W.
Hart , who served ns ladles In waiting upon
her majesty , the queen. MUbes Nellie
Mooto , Elaje Schoentgen , Carolyn Schoent-
gen , Eleanor Montgomery Elizabeth Squire ,
Lucille Plnney and Gertrude Bonnet were
maids of honor. Messrs. Charles Test Stew-
ail. George S. Wright and F. Thomas D.
Metcalt weto among the floor managers.
Mrs. F A Uuckman gave a very pleasant
children's party at her home on Eighth street
at the close of the week to celcbiate the Stli
b/tthday of her little daughter Amanda. U
was an open-air affair , and nothing was
' omitted to make the little people remember
thu event as a joyous one. All kinds ot
games were piovlded. Elegant refrcshmentb
were served. Those present were : Jeanette
Frey , Winifred Sims , Irene and Gertrude
, Kinz , Lucy Spooner , Bthcl Waddcll , Martha
Hlckmnn , Marlon Tllton , Florence Otis ,
Nellie Denton , Drub Rutherford , Lucille Bal-
lenger , Hazel Woodbury , Rachel Parmalce , '
Hazel Hnnnan , Evelyn Thomas , Ada Sar
gent , Marlon Tyloi , Hattlc Mueller and Cora
1 Hucknuu ; Paul Mueller , Robbie Ren JON
Robbie Frey , Robbie Cook , Reeve aitft
i Wheeler Loomls Teddy Troutman , Allci ,
i Sales , George Phelps , Walter Williams ,
Geoige Spooner. Willie Maurer , Rex Murray ,
! Walter and William Barnes and Charlie
Hannnn.
Miss Mae Fltzpatrick returned Wednesday
fioin a visit in Nebraska City. She was ac-
eompanled by Miss Margaret Roddy of that
city.
city.A lumber of bright little women have
maintained an organization , for several jear *
which they designate as the C. B. C. b.
club Ot ly the initiated Know what the caba
listic letlcra mean , but a good many peoplt
kno.v that one object sought by the little
maidens Is the development of their ability
as cooks They have decided that on every
third Saturday in the month they will glvu
an evening party and servo up the master
pieces that have been wrought during the In
terval The first feast was given last Satur
day evening at the home of Faye Hollcn-
beek on North Eighth street. The club members -
bers vveio arrayed a la bal masque for the
[ occasion , and were more than surprised
when , just after they were seated at table , a
horde of equally fantastic creatures sur-
I rounded them It proved that a number of
tbe boys "were on" and planned the sur
prise. The club members are Misses Faye
Hollenbeck , Jahle Jamison. , Fanny Daven
port , Evelyn Thomas , Marian nenton , Bosslo
Bcno Ada Sargent , Georgia and Josle Hlxby
olid Helen 1'oley. The surprlsers were :
Mcests Forest Rutherford , Mao Hanchett
Harold Pardy , Clarence Empklo and Harry
Cavln.
Mis. F. X. Rlss will winter In California.
MII.O i.'lnrpnnf Holln has returned from
Chicago. '
Miss 'sue ' Reynolds of Dunlap was the
guest ot her slbtcr , Mrs F. E. English of
Fifth avenue.
Mr. and Mrs. 'Butler ' of Woodbine , la. , are
visiting Mrs J. W Wells.
Mrs. Atkwrlght and her daughter , Blanche ,
who left the city last spring with the inten
tion of making their homo permanently on
the 1'acltlo coast , have announced their In-
I tontlon of returning soon and perhaps mak
ing their homo hero permanently They
have received advices from Mr. Arkwright ,
who la now in England , announcing ; that ho
has fallen heir to a small fortune , and ex
pects soon to get It In his possession. It IB
chlelly In lands and estate property , but Is
said to bo of Bumclent value to enable the
, family to live comfoilably in Council Bluffs.
I Miss Nellie Woldcner , who Is well known
here , met wllh a serious accident recently
by a collision with another bicycle rider
while cnjolng a spin In Denver , where she
now llvca. Her wheel was completely
| wrecked , but the next day she was presented
'a ' mnv OIIB b ) her father's fellow cmplojeu
In the Denver & Rio Grande office.
1 Sheriff Luke Finn of Greeley Center , Neb. ,
was tailing on friends In this city ) esterday
I Miss Maud Knight of Topeka , Kan , , Is the
guest of her slstei , Mrs. George N Hovven.
Robert Mullis entertained Mr R C Raf-
ft-rty , Chicago's champion chc plaer Bert
Grlinth and Walter Beebc Monday evening
at his homo on Oakland avenue.
Mrs L , B Matthews has gone to Spring
field , III , , to attend the sovereign grand
lodgti of Odd Fellows.
Misses Nannie and Mamie Bryan , sisters
of lion. W. J. llrjan of Lincoln , were the
gueiifl of Mr. nnd Mrs. H. A. Ballengcr on
Saturday.
Mils Nellie Jonei left on Thursday for
Chicago where shu will reside permanent ! ) .
On Tuosdiy evening a number of lie"
friends gathered at her homo on Fojirth
utro t and tendered her a farewell reception.
The event was In the nature of a suiprlso.
for Miss JOIKU was not advised of the com
ing of her friends until a few minutes before
they arrived , The young people wh.o [ iVumed
the paMy had all of the preparations fully
made , and so well was everything p'anneJ
and thu elaborate IIOUEU decorations that
lent a great charm to the surrounding ) were
designed and prepared .so well that they were
put In place within a few minutes after
the ) oung people Invaded the house , and a
most enjoyable salmagundi party was Ihe
result The decorations were an artistic
commingling of great uiaescs of golden rod
and golden-hued foliage with deep rich
gicons. The plans for iirovlJing the refresh
ments were equally well executed. Hand-
f-oniu menu cards were executed by some of
tbo artUts In ( the party of friends , and the
same artUtlc tosto W B dl placd in the
preparation of tlio prize * . Tbe ttnal result
ivM the plcasuii afforded Mi's Jones of cn-i
tcrtalnlng ono of the most pleaMnt focUl
jvents that has occurrcl on the ftreet dur
ng the season In the card contests Mlsv
Stella Hover won the first prize , a handsome
silver toothbrush The second p'lzn was a
voiutlfully decorated bit ot china and was won
ly Miss Kittle Warner. Miss Jones Is held
n high eslceni by her friends , and just bcforo
the pirty broke up she was piesented as a
testimonial of thin esteem a handsome set
of hand-painted shirt wal l buttons.
Mr and Mrs. Nick Ca'sten of Nebraska
City are Bluffs visitors. Mr. Carstcn and
John Mergen of ( his city were In the army
logether , and while here Is u guest ot Mr.
Me gen , and who accompanied his guests to
the fair.
Miss Be ° slc Mitchell Is visiting her brother ,
James Mitchell.
Mrs Sprlnk Is cute'talnlng Mrs , J. U.
Spies of Columbus , Neb.
Mrs. T. L. Hall of Ord , Neb , Is the guest
of Mrs 8 , S. Faes of Seventh avenue.
Rev. L. P. . .McDonald and Mrs. McDonald
have returned from a two months' tour In
England and on the continent. They had a
most delightful experience and both returned
greatly benefited.
A cnrrjnll picnic party onjoyeJ a pleasant
excursion In the country on Sunday. They
went to the farm of Nicholas Lelch , ten mMcs
southeast of the city nd were ai'i-ordcd a
genuine old-fashioned hospitality. Dinner and
supper were spread at ilia farm house and Ihe
parly returned late ) ; i the fvenlng. Thn
guests were : Carrie Lower , Teresa Ntu-
meor , Birdie nnd Anna Watk , Mary Lo'ih ,
Kate Wordlan , Kate Sphla , Anna and Kate
Holfoster , Joslo Oskoss , Anna Teller , Magglo
Teller , Sioux City ; Miss Kretzmoyer , Glen-
wood ; Amelia Wllcox , Miss Papes , Messrs.
Tommlo Grccndale , Henry Rohllng , Herman
Routing , Henry , Frank and Herman ToKer ,
Ollle Loner , Joseph Burns , John Scott , Her
man Kllaln. Philip Kllaln , John Oskcss , Will-
lam Swasslng , Carl Sw.isslng , Lucius Neti-
meytr , John Wllcox , Herman Papcs , Peter
apd Mlko Torulo and Bert Klein. The party
found a lot of amusement In making rider.
An unlimited supply of apples nnl a Urge
elder mill and press vvsro placed at their
disposal.
Mr. and Mrs. R. T. Young ot Upper Broad
way arc entertaining as guests Mr. and Mrs.
D. K. Thomas and the Misses CUra and Jes-
slo Noble.
Mrs Stevens , Miss Lizzie Stevens and Miss
Minnie Muldoon of Lincoln wore tbe guests
on Friday of IIss Louise Herman.
vv. L. Douglas , who wont cast KIHC tlmo
ago to attend the annual meeting of the Na
tional Lauudrymen's assocUMo.i at Boston ,
has returned home. Mr. Douglas extended
his trip to Include most of the larger eastern
cities.
Mr. and Mrs. L W. Garoutlo of Lincoln ,
who have been the guests of frlenJ's In this
city for the last few days , left for iheir home
Friday evening. Mr. Garouttc Is the veteran
salesman for the Baker barb wire In this
section , i
Miss Carrie Erlckson , who has been visit
ing relatives for the last fortnlunt In Stonton ,
has returned.
Miss Ora Bradley has returned fiom an
extended visit with friends a-H relnllv .s lu
northern Missouri.
Miss Marie Lunkley Is expected homo the
first of this week from a thiee weeks' visit
at Holdrege , Neb.
Miss Ora IBradlcy , who has been visiting
friends in Atchlson county , Mo. , "has re
turned home.
CKA'/.Y MAN IS IM.ACHI ) IN JAIL.
I.I \ oil Throe 7)a > n in Ilex C'IITH lit id
Stole nil Ax VVliloh lie 1'MnurlHliril.
Tlie police believe they have an unknown
ertzy man in custody who may be a mur-
dorer. Ono of the residents living near the
Northwestern roundhouse called at the sta
tion last evening and asked to have officers
sent to that locality to take into custody an
Insane man , who was terrorizing the neigh
borhood. The citizen said the mau had been
living In the box cars for the last three davs
and had been making frequent vlsl's lo the
houses li > the vicinity for the purpose nt
purchasing food , which he paid for. Last
[ Cvc-nlng he stopped at one of the houses
which ho had frequently visited and pur
chased some milk. As ho left the yard he
picked up a hatchet and carried It off. When
the man of the house returned he went icrosi
the yards to the car for the purpose ot get
ting his hatchet. When he reached the
vicinity or the car Its occupant sprang out
and rushed at him , brandishing the hatcV1
and threatening to kill him. The citizen
did not stop running until he reached thi
police station , Officers Claar and Vanden-
burg were sent to the locality. They found
the stranger still holding the car and keep
ing back the crowd by making menacing
gestures with his battlcax. It required halt
an hour of extremely careful work to take
the man without dolnn him injury or per-
I
I mitting him to use his dangerous weapon.
The moment he saw Officer Claar he pointed
at him and kept crying In great excitement.
"You're tbe man that killed him ; you're'die-
man that killed him ! " After he was over
come and the handcuffs were put on him lib
I never uttered a word. He Is a medium-
sized iran , light complcxloned , sandy mus-
i tacho and about 35 years old. He was fairly
I well dressed and had $1.55 In bis pocketa
I whca searched at tha police station. Noth-
I Ing was found on him to Indicate who ht ,
I was or where ho came from , and no amount
! of persuasion could Induce him to speak. 3le
wai taken to the county jail ,
btolvii.
From in front of Cole & Cole's hardware
store , at 8 o'clock Friday evening , World
bicycle , 1897 pattern , coach green enamel ,
rattrap pedal with toe clip , Racer marked on
top bar ; cork grip on right handle bar broken.
Goodrich tlrce. Reward for Information leadIng -
Ing to recovery. E. L. Duquette , Council
Bluffs.
MAJiY Tim.V OUT TO Illi\t | IIHVAV.
lc of Free Silver Speakx from n
rial Conn on the Street.
It was a pleasant evening to be out of
doors , and there was no lack of people to
listen to the speech of .Mr. Biyau last night.
A patfotm hid been erected In tha btreet
In front of the Grand hotel on the First ave
nue side , and the utreet all around It was
filled with chairs. These were all occupied
as curly as 7 o'clock , and Mr. Bryan did not
leach the city until a few minutes before 0.
The Interim was tilled with speeches by a
nuirfber of speakers , Mr. Spare of Des
Molncs being the chief talker. He was out
for a warm campaign for his friend , Candi
date White , and he spent nearly an hour
telling all about the man the popullsla and
tbe sllverltcs have chosen for their candi
date for governor. When ho grew tired Lu
'D ' , Gcnung took his place on the stand and
kept talking to keep the crowd In good
humor until Bryan appeared.
H was considerably after 0 o'clock when
the apostle of free silver was carried through
the crowd and lifted upon the platform , He
was greeted with hearty cheers and acknowl
edged thu ovalign in a handsome manner.
lilK speech was a rehash of the same old
talk that defeated him last fall , He was In
very poor voice , hoarse from frequent speak
ing In the open air , and not one-tenth of the
people who were surging around him could
hear a dozen sentence's The new portion of
his speech was an exposition of the London
financial theories , which he alleged were In
corporated in thu republican platforms of the
states ibis full. He suggested that all of the
republicans who desired to assist the udmln-
Uiratlon In redeeming' the pledge of the re-
pub lean platform to bring about Interna
tional bimetallism should vote for Cundldalc
White , which he declared would help to
scale the Rothschilds and other Kuropcan
financiers Into Bonding delegates to the mon
etary conference ilia' Mr , Wolcott Ib trlng
to arrange tor President McKinley ,
llinieliiK St'iiNiiii OIICIIK.
Mr. nnd Mrs , Hundo will open their acad
emy tomoirovv afternoon and evening with
a "compllmentar ) reception" to their friends
and pupils. Children from 4 to 7 p , m. ;
adults from S lu 12 p. m.
\en r.lrclliiii l.n > ,
The now code provisions governing the city
and county elections hereafter muko some
important changes in the old methojs For
merly the law permitted the Judges to an
nounce nt the opening of the polls In tl'e
morning the hour when Ihe voting nhoiild
cease in the evening. This gave the politi
cians the power of cloning the polU at al
most any hour they chose , the oaly fonna'lty '
to 1)0 ) observed was the proclamation to te
made when th * fyll * were opened In remo
Instances under 'Ihtf eld law years * go the
polls wre sometllf.Vs kept open as Icio us
8 o'clock and under tlie cover of darkien all
sorts ot frauds * 'er'perpetrated. The Aus
tralian ballot greatly Improved this bad n n-
dltlou by putting a partial limit upon the
power * ot the judges , but the now law under
which the mxt elecjlon wilt be held takes
from them alt of this power , and there will
bo no more proclamations from .he judge-- .
The now lav , controlling this point Is found
In the following section.
Section 10M , PolU Opcn-At alt elections
tbe ixillfl shall be opened nt 8 o'clock lu
tbo forenoon , except In cities -where regis
tration U required , when the polls shall
bo opened nt 7 o'clock In the forenoon , erIn
In eitcli case ns soon thereafter ns va
cancies In the plncc" of ludgcs and clerks
of election have bee-n filled. In all eases
the polls shall bo closed nt 6 o'clock In tbo
evening.
IMCKPOCKCTS AT UHYAV MHKTIMJ.
Plxp VIotlniH He-port Their I.OBHCH to
( lie Police.
The gieat crowd of people that gathered
around the Grand hotel corner and Bayllss
park last evening when Bryan was speaking
offered an excellent opportunity" for pick
pockets to ply their trade , and they lost no
chance. When Mr , Bryan began speaking he
thought It advisable to warn the crowd to
beware of pickpockets. Five victims reported
their lcs cs to the police. Mr * . Blaxslm had
her purse taken from the pocket of her coat
and felt the band of the thief when It was
taken , but was unable to paint him out after
she had discovered her toss. She was being
pushed and crowded by i large red-faced
man accompanied by a tall angular woman ,
and believes that It was the woman's hand
that discovered the location of her pocket.
The purse contained only a few dallani.
J. W. Wills , a salesman for the Singer
Sewing Machine compati ) , got In the presence
ot the same couple , and In the crowd his arms
we'c torccd above his shoulders when the
woman seized ono ot his hands and held It
tightly for an Instant , at the same time rais
ing It above his head. Ho was compelled
to make an effort bcforo he could break tbe
woman's hold. When ho Rot his arinu down
ho found his vest had been torn open and
his purse containing about $20 had been taken
from his Inside pocket , When the woman
Eobcd Wills' hand Eho pulled It over the
shoulder of the man she was with.
An engineer on the Nofthwcstcrn road
named Sndcr was crowded Delvv'een the same
couple- and felt u hand In his pocket tugging
at his purse. He seized the arm , but It was
wrenched from him. He saved his money , but
lost the thief. The police wcio given several
excellent descriptions of the couple and bo-
Hove the woman wa , " a man dressed in female
attire.
Owen Wlckham. who was standing on the
platform Immediately behind Mr. Bryan ,
was robbed of $5 by n pickpocket. Airs.
Bockemper was also robbed of ? 5.
< Jot HIM Stove for \utliliiK.
I used Coles Hot Blast Heater from
October 15 till iprlng. Heated three rooms
In coldest weatwcr arul In mild weather four
Fire never went out. " Had sickness all win
ter and kept the1 houSe same heat night and
day. It equals the best base-burner lu this
icspect. I used four tons of soft coal the
whole winter. The .stove does all that is
claimed for It. Jrhe Special feature about the
stove besides Its economy Is the steady , oven
heat , just like a bard coal base-burner , an'd
It Is just about.as clean. E. P. Smith , 1911
Fourth avenue.
Mr. Smith easily ( saved the cost of his
steve last wlntar , as any other stove , elthct
hard or soft coal , would have used up at
least $28 or $30 worth of fuol. We guarantee
It to save one-thlrd < the fuel over any soil
coal sieve made and to be as economical with
hard coal as a base-burner. See It In oper
ation at our store , r Cole & Cole , 41 Main
street. i t
co'u.vrv CONVKXTIOX oni.ca VTCS.
He-puliIIcuii 1'rlninrlen Arc Held In
Every Ward In the CM- .
The republican prinuiles were held In the
various wards last night. They were without
Incident. Following are the delegates to the
county convention to be held In this city
next Thursday :
First Prsclnct , First Ward William C.
Hendrlcks , F. A. Gtant , C. A. Morgan , E.
B. Fuller , L. R. Scott.
Second Preclnot , First Ward W. A. Grone.
wcg , E. B. Gardner , Frank Sherratt , F. M
Williams , S. H. Conner , V. B. Keller , G. C
Taylor.
First Precinct , Second Waid C. S , Hub-
bard , J. P. Williams , G. Burke , W. A. Myn-
ster , M. B. Sndcr , Gee Gould , J. C. Baker.
Second Precinct , Second Ward W. S.
Wllklns , J. F. Walters , H. Peterson , T. L
Hall , J. D. Johnson , George H. Martin , J. C.
Grnyson.
First Precinct , Third Ward W. E. Haver-
slcck. T. D. Metcalf. J. P. Grecnshlelds , N. C.
Phillips , George F. Smith. S. Stevenson ,
Forrest Smith , I. B. Klssell.
Second Precinct , Third Ward W. E. Baln-
brldge , M. P. Schmitt , O.V. . Gordan. L. P.
Bridcnsteln , E. C. Brown , W. Welsserhorn.
First Precinct , Fourth Ward A. T. Fleok-
Ingor. F. J. Day , H. J. Chambers , J. W.
Wclghtman , V. E. Bender , John Llndt , Dr.
J. E. Heller.
First Precinct , Fifth Ward C. B. Howard ,
T. C. Btewlck , F. M. Phillips , F , Brow nice ,
J. C. Miller , Tom Smith.
Second Precinct , Fifth Ward E. S. Allen ,
H. L. Wart , Warren Dalley , Albert Cole , John
Fleming , Arthur Smith , F. A. Sackett , Louln
Kost.
First Precinct , Sixth Ward S. S. Hardln ,
G. H. Baker , J. G. McAnenoy , J , W. Feirler ,
0. L Henderson , Frank West , G. P. Kemp.
fill-In' IndiiNtrliil Sehool.
The Girls' Industrial school will resume Ita
regular weekly sessions , beginning next
Saturday at 2.30 p. in. The first floor of the
Eiscman building has been engaged again
for this year. This Is the sixth season nf
the school and the prospects are very flat
tering for a successful year.
( irniul Fall Millinery Oieiiliif.
on Monday and Tuesday evening , Sept. 27th
and 2Sth. All ladles are cordially Invited and
each purchaser will bo presented with a
souvenir. MRS. MINNIE PFEIFFER ,
' 202 Bvvay.
Dlulrlut Court ut Avoeii.
AVOCA , la. , Sept. 25. ( Special. ) District
court has been la session hero since Thurs
day , with Judgoj Thorncl ! on the bench. On
Thursday the rand Jury was empaneled and
received the Instructions from the Judge. A
short , session of , cptrt ) was held In the after
noon , but llttlp' was accomplished beyond
preliminary work. jOUd court met again In
the evening. Heller was sentenced to forty-
five days In jail for striking and resisting an
olllccr. The def nd nt was engaged In a
street row In Ayoca last winter , and the
offense for vvhlcji Jio , was arrested and sent
enced was committed when the officer went
to nircst him aj ( [ hat time Heller then
escaped and left tij | state for a time He
was flnall ) caplyrpd by Sheriff Morgan ,
I'll day morning testimony was taken In
a C3S9 In whlehMlss , , , Vsusttu seeks to re
cover $6,000 for labior rendered from Hudd
Estan. The cutwjcoiu ) | > B from Shelby county
on a change ot.ivmue. Attorneliueh ot
Chicago Is probequllng and Attorney Dyers
and Lockwood appear for the defense. The
case was proceedml with at tbe Saturday sit
ting , but was not concluded.
Dlvorecs were granted Friday afternoon to
Joseph C Perkins. Thomas J. Booiie ami
David Lord to ,
Folluv.mg are- the otiice-rs at this term nf
court' I D. Thoruell , judge , 0. C. Gastun ,
reporter : Spencer Smith , assUtanl county at
torney , A Johnson , D Canard and It , U.
Wlnsby , bailiffs. The following attorney
fiom outsldo of Avoca art ) attending this
term of court' M. H. Bead , Chicago , I3jcie
and LocKwood , Ilatlan. F. Shlun , Carson ,
R C. DrlggB , Carson , J , II John , Oakland ;
L Genccn , Hastings ; D , M. Renvallu , At
lantic ; I N FHckingcr , Council Bluffs. C
B \ltchlson , Council Bluffs , G. W CullU'on ,
Hsrlan ; T H. Bardsley , Walnul , Ira Stilt ,
routi"1 ! Bluffs.
Following is the first law assignment.
Monday. M A. Foote against C H. Converse' ,
H. W Wlgton against M. B Frlsby , A. U
Preston against Charles Fcnn ; Tuesday ,
Kuox against Lcsh Estate ( probate ) , Wednes
day , W. H. Farwell against Thomas Brock ,
estate ot Mary Harder ( probate ) ,
DESIFS STORY OF TROUBLES
Luctjcrt's Domestic Takes tbo Stand mul
Tolls Her Htory ,
BIG SAUSAGE MO IS WELL PLEASED
tu < MlflNlnirVoitiiin Tolil Her
Site \\IIN ( iolnw to 1,1imUpnlc. . - .
K-y with ( ncOniliml
SJnrj f Aliliite li > - 1'ollcp.
CHICAGO. Sept. 25. Adolph L. I.uetgert ,
alleged wife murderer , professes to be much
pleased with the developments thus far In
the defense. "We h-\ve something hotter
coming , " said the accused man. "There will
bs a whole lot of things explained away
when I got on the stand "
State's Attorney Dcnecn , Assistant State's
Attorney Wlllard M. McF.wcn and Inspector
M. J. Schaack had a consultation this morn
ing , during which the matter of calling
Fred Halncs , an ex-newspaper writer , to the
witness stand was discussed. Halncs Is
under conviction for forget y. Last August
ho was sentenced to the penitentiary by
Judge Ncelcy. Afterward , through the In
fluence of friends , the sentence was -vacated
and the case taken under advisement ,
Halncs has acted ns sort of confidential sec
retary for Luctgcrt In the Jail , nnd has
wrltlcn a number of letters for him. It Is
said that Halncs asserts that he wrote
Idlers to A. W. C. Grotty of Now York for
Luetgcrt In which Grotty was urged to
como to Chicago nnd testify that ho saw Mrs.
Luctgcrt In New York a week after her dis
appearance. It Is now known that Halncs
told this story to Stale's Allorney Dencen
sometime ago. The piosccutlon hesitates
about calling Halnes to thu witness stand.
State's Attoiney Ikneen Is not cxactl )
satisfied with thu statement of the man.
"I may call him as a rebuttal witness If
Grotly Is produced bj the defense , " said the
state's attorney this morning , "but I do not
believe the defense will call Giotty , nnd In
that event wo will not need Unities. "
CALL Tiin SUnVANT GIHL.
Unexpectedly no reference was made by
Iho court to the matter It yesterday took
under advisement. ThUj was whether the
defense will be allowed to produce witnesses
to oliow that Mrs. Luetner' threatened to
Icavo her ! home six months prior to the dlb-
apearance. A ruling on this point Is ex
pected on Monday.
The flrtt witness called this morning was
Mary Sicmmerlug , Luetgerl's seivaut girl ,
for love of whom , U is allpBed ho killed
his wife. Thcie was a general craning of
necks and many of the people. In the
crowded court room arose to get a better
glimpse of the young woman as she ascended
to the witness stand. The face of Man
Sle"nlorlnc ! wns lushed AB bhe held up her
right hand to bo sworn b ) the court clerk
She was evidently under supprebsed. excllc-
menl. The joung woman was neally al-
tlred In a brown costume and wore n email
chip hut of the same color.
Attorney Phalon comluctel the direct ex
amination. Under his guidance the w Itucss
related what she said was the whole truth
about her experience with the Luetgert fam
ily , bhe said she had lived with the Lual-
geits seven or eight years as a domestic.
During nil that time the witness said LuiH-
gcrt had treated his wife Kindly and there
was none of the quarreling or blckerlnr the
prosecution charged Coming down to'May
1 , the date of Mrs. Luetgcrt's disappearance
the witness said that on the afternoon of
that day Mrs. Luetgert said to her : "Mary
I am going to leave. Mj husband's , money
Is all gone and J am going , too. " At 7
o'clock Saturday evening , May 1 , the wit
ness said that Mrs. Luetgert took from a
closet a cloak , and. looking at It , remarked
with considerable Impatience that moths had
eaten the cloth. The witness suld she went
to her room and to bed shortly after S
o'clock that night. The following morning
Mrs. Luetgert was missing nnd the little
bank of one of the children was broken open
and the small sum of money It ( had 'con
tained was gone.
SAYS POLICC ABUSED HER.
The wltncEG said that Mrs. Luetgert had
actoiJ quccrly for some time prior to May 1 ,
and had often whipped her children. Wl'h
Eomo show of feeling the witness said &he
was arrested on May 15 and taken to the
Kast Chicago avenue station , where ehe was
kept two das. She said the ollicer who
arrested her called her a liar when she said
she did not know where Mrs. Luetgert was
and at the station the matron took all her
clothing from her. While at the slatlon In-
bpeclor Schaack and Assistant State's Attor
ney McEwan questioned her shaiply , ac
cusing her of Improper relations vvlthi Luet
gert , which she denied.
"Inspector Schaack said to me : 'Tho old
man ( meaning Luotgert ) will never see the
light of day again , and if ) ou don't toll
the truth I'll punleh you. We'll lynch you
and Luetgert together , ' " said the witnefs
"and he held up his hands and showed mo
ho wit would bo done. "
The witness , with a show of spirit , denied
that she ever \lslted Luetgert In his factor )
at night except In tbe evening occasionally
when others were present. Hven then she
aald she dirt not go to see him particularly ,
but just to take a walk from the house
She denied oniphallcally that she evei went
Into the factory through a window or that
Luetgcrt was in the habit of klbs'ng ' her
when she WPS In his office. She declared
that Mrs. Fcldt was a busybody and that hci
story was untrue.
State's Attorney Dencen went at Mary
Slommerlng on cross-examination In a lively
manner. The rapidity of the state's attor
ney questions seemed to stun the witness
She soon became confused and made dam
aging admissions , despite the appeals of
counsel for the defense that she take her
tlmo to consider her reply to each question.
The young woman was so badly confused
that she paid no attention to the admonition
of the counsel for defense not to answer un
til the latter had an opportunity to make
objections and the court bad passed upon
them. The witness admitted that Luetgert
and his wife quarreled occasionally , but she
persisted In her denial that she had In any
way been guilty of Improper conduct with
Luetgcrt.
STICKS TO IIBIl STORY.
The cross-examination of Mary Sletnmcrlng
during thu afternoon and up to the moment
of adjournment did not break her down. She
clung to the morn Impo'tant elements o'
her story , contradicting herself upon points
of little material value. State's Attorney
Deneen , whose mode of cross-examination Is
of the electrical order , remarked tonight Ihat
Mary Slemmcrlng passed through the ordeal
well , "Sho Is a remarkably Helf-po sewcd
young woman for a person of her station In
life , " said the state's attorney , "but wo are
not through with her > et. "
Mary Slemmerlng reiterated her stoiy on
cross-examination to the effect that Luotgert
and his wife lived together happily. She
declared positively ( hat the Htorlcs of fre
quent domestic brawls were exaggerated. She
abe iald Ihat fiho and M a Luctgert were on
friendly terms and that Mrs. Luetgcrt often
paid her extra wages because she was
pleaded with her work , The witness said
that Mrs. Luetgcrt told her to say nothing to
Luctgert about the extra pay.
Laul January , the witness stated , she made
up her mind to leave the Luetgett household ,
but Mrs Luetgert objected to her leaving ,
and filiD leconsldcred tier detcrmlnallon and
remained She told of a C'hrl tmu : piesent
of $500 Mr Luetgert gave her last Christmas -
mas and he said he gave Mrs Luctgcrt a
watch and cl'aln. The witness was somewhat
bitter In her narrative of her alleged ex
perience with the police While under or-
lest eho tald she was Invulte-J and thleatencd
by policemen , win Informed her that they
know the and Luetgert had bpen guilt ) of
wrong-doing and that to save hertulf flho
had better desert "the Dutchman. " as the )
called Lueteerl , and testify against him
The witness declared positively she never
WUH In Luetgert'e tausage factory , either In
the basement , office or bcd'oom alcne with
Luetgert , either day or nlsht , as had been
testified to. She also denied that ehe was
ever In the factory with Mm. Luutgert and
that Luetgert k'.uscd her In the presence of
his wife and that the latter wept , an vai
testified to by a w liners for thu . secutlon
In fact , her testimony was a coiuj. v-te denial
of all the evidence of the proiccutlon In any
way Implicating bur In a compromising man
ner with Luetgert.
Druggists know Dr. Davis' Anti-Head
ache is best ot all headache remedies.
* -HMIIMU enniT SMI , vm.
LINCOLN' , Stpt 21 , ISO ? Ceiirt met pur
suant to law Albert Muldoon I'tiltou Jack ,
Sam I ) . Ilami , 3 A Douglas , Charles L.
Outterson , John F Stout and James H. Kpl-
kenny were admitted to practice. Mills
against State , dismissed unless plaintiff file
briefs In twenty dajs Whitney against
State , lea\o to plaintiff to Die amended peti
tion in eiror ; dlsmlstcd unless briefs arc
filed In twenty das Hartlrj against State ,
dismissed unless briefs are filed In thirty
dft\n. Nathan against Sands , Janscn against
Ixjwls , Daniel agalmTl Schomberp , South
Omaha Saving * bank against Levy. Albright
against Peters , dismissed unices plaintiffs
Blvo security for costs In twenty d > s
Altken usalnst Rawllngs. Klllott against
Carter White Ix-ad company , Lett against
Hammond , dismissed unless plaintiffs RVP !
security for costs In ten dajs Shnock
aganst | Shnock , order of revlvor. Alblah
National bank against Montgomery , leave lo
withdraw bill of exceptions for authentica
tion L Mil ok against Chane ) , Anderson
against Jones , Moore against Glllcsple , Aughe
against Aught , Zimmerman against Xliumer-
man , dismissed IMney against llaum , Hart-
lett against Robinson , Splnk against Stale ex
rel ( School District No 1 , Hall county ; Provi
dent Itlfe & Trtiut Co. agalust Kcnlston , ad
vanced. Ash pole against Hallgicn , dismissed
unless appellant file bilefs In thirty das
Troup against Horbach , dismissed unless ap
pellant tile briefs In sixty days Box Uuttc
count ) against Drlscoll , conditional order or
revlvor. Miuser against Stale , dismissed
Slate ex ret Foster against Mooros dismissed
as to Foster and Palmer. Cunningham
ngalnst Wnlrath and Lapp against Fer-
brachc , afllrmcd. S.atc ex rcl Hinateh ngitlnst
Moorcs , motion to dismiss overruled , re
spondent to answer In twelve days. Spechl
against Tlmmo , leave to fllo amended trans
cript. Nebraska Loan and Trust Cnmpaii )
against Ignov.skl , Southwlck against Lemon.
Hall against Ileaumont , motloiu to dlMiilsrt
overruled , Pardue against Mlbsonrl Pacific
Railroad Company , motion to letax costs
oven tiled Janbcn against Lewis leave to
supply parts ot bill of cxcopllons. Johnson
ngalnst English Johnson against Flnley ,
Hetr ngalnst I ) eaklo ) . mollo-is to ufll m co -
ruled Swan against Ritchcv , dhmltscd un
less plaintiff gives seiurlty for costs lit
twenty das. Johnson agali.st Flnlev , Ilaer
against Omaha , motions to substitute Thomas
II MiCngue sustained Prase Piano Com
pany against Cameron Davis against Cul
ver , Omnha Loan nnd Trust Compaii ) against
Fll/patilck , McOraw against Chicago , Rock
Island .t Pacific Railroad Compati ) . motions
for additional security overruled. Ldtck
against Gill , motion to quash bill of excep
tions mounted ; dismissed unless plaintiff
files bilcf In twcnl ) das \lden against
Frank , dismissed unlers plaintiff flics brief
In ten di\s. Klrby against Shindei , Moore
against Parker. Chadron Loan and DuildinR
Association against O'Llnn. motions to ad
vance overruled DroxM agalnn Murphy ,
dismissed unless plaintiff tiles brief in fifteen
das Sehmltt against Mahoney , biuu'estlan
of diminution simtalicd. Andrews ngalnst
Tinner plaftitlfT to give additional senirity
In twenty dajs Elkho n \ al o bank aja nsj
Marlcy , bill of exceptions quashed DobbM
against Nehr , dismissed unless plaintiff Alts
brl"f In twenty days. Flsk against nulllford ,
American Investment Company against nulll
ford , application for receiver dented
September 22 ISO" Sta'.e ex icl Foster
Rgalnst Moorcs. 0. W DPLamatei appointed
referee State ex rel Ogdi'n against Frank ,
leave to docket granted , alternative writ al
lowed Shreek ogiltnt CM be t , inotl > n to dls-
mlsh overruled Maxwell attalnst Home Flr <
Insmrtire Company , leave to make showing
denied Court adjourned till October S , when
tbe following eases will be iillul nurltiwltn
ngalnst Equitable Trust Company. Pfund
aralnst Valley Loan and Trust Compan )
Riw lings against Mordhorst , Ilushman
against Stueve. Movbch against Ile&ack Win-
side State Hank against Lound , Lexington
Hank against Wirge- ? . Holt C\mnt > against
.Jcott , Mollne agalnbt Pereiu Maver against
Wilkerson. Natlnn against Sunds , KloBe
against llogue Otoboelc against nakcr. Smith
agaiiibt Peoples Uulldlng Loan and Sccurit )
Association , lluckley against Mason Patrick
agalist Commerelil NalLnal Hank LaMas'cr
against Elliott , Dunn against Eberly. Dor-
ilngton against Powell. Stlchter agMnat Cox
Head against Levy , Farwell against Chicago ,
Rock Island & Pacific Railroad Company ,
.Muiphy against Evans Laundi ) Company ,
Dovcy against Plattsmouth Gage County
nimlnnt Mill. Rising agclnst Gilmore , Ne
braska We-leau Unhersltv against Parker ,
Nebraska Mollne Plow Company against
Fueh'ing. Osborn against Jordan , Mnoro
Commeiclal Investment Company
against Hoyer.
pany against Peck.
Opinions were banded down In the follow-
illC C3SCS *
Kroeger against Nelmou En or from Col-
fax county. Afllrmcd. Noival. J
Findings ot fact cat not be levlovved where
the evidence Is not biought befoie us b ) an
authenticated bill of exceptions , .
Lcaru against Upstlll. Eini fiom Hrowu
county. Judgment. Norval , J.
One who as agent assumes , to lepresent a
principal who has no legal existence 01
status , is hlms'lf liable
2. Held that the contiact dcilared on Is
not a conditional cue to answer for the debt
of another , but an original undertaking.
3 Damages held not ex-psslve
1 Evidence examined and held not tn sus
tain the verdict as to tinlefcnoant. . K > ncr.
McCord Hrady Co. against Hamcl Error
fiom Douglas county. Afilimcd Norval J.
Errors In respect to giving Inxliiietlon
must bo separately assigned.
2. An assignment that the court erred In
overruling a motion for a ne.v Ulal , when
such a motion Is based upon neioral distinct
grounds , is too general.
3. Assignments of error not argued will
not bo reviewed.
Alexander against Overtoil. Riror from
Otoo county. Reversed and tuniandcd. Nor-
val , J.
An action against a county Judge and his
sureties , for the wrongful sale of properv !
( for taxes , Is properly hi ought In the name of
the person to whom Ihe certificates If tax
sale and treasurers deed were Issued , and
the money Invested belonged.
2. Whcie tbo Interest of a plaintiff Is
transferred to another during the pendency
of the eauEC. the suit may bo prosecuted to
Its termination In tbe name of the original
plaintiff , or the transferred may be sub
stituted OH plaintiff.
Hcnnett against McDonald Error from
Douglas county. Reversed and remanded
'Norval , J.
Instructions to the Jury , whether given or
refused , when filed In a cause , are a part of
the record and need not be embodied In a
bill of exceptions.
2. An exception to an Instruction Is suffi
ciently piescrved by the Irlal court noting
the fact on the margin of such Irstiuctlou
3. Exception to Instructions ax a whole
Is Insufficient unless each pamgmph ID er
roneous.
4. Krrpr cannot be successfully assigned
upon the admission or exclusion of evi
dence where no exception was takou to the
ruling at the tlmo It was made
G , A falling debtor conveyed his property
to his father-in-law and thu luttrr was ex
amined as a witness In his own behalf , In a
suit which hs brought RR.ilnut the sheriff ,
who had seized the properly under exception
In fin or of the creditor of the \cndor. Held
Hint tlio erosa-enamlnrUlon of the witness
W B too restricted.
Saxlon asalnst HarrlnRton Urror from
| Holt county , llcursed nnd rcmnndcd.
I Itj nil. 0.
Where It Is nouRlit to hold liable ( i party
for nttorne ) ' fees earned In the foreclosure
of n Jnortgnno held by such party nnd the
einplojmcnt of the attorney Is dependent on
| whether or not ono who had authorized tho-
i commencement of such foreclosure proceedIngs -
, Ings did so w Ith authority from the inert-
KOKCO. th ( liurdcn of proof Is on the attor
ney to establish such authority and ovldenco I
which tends to necntlvo the existence of ,
such authority In the nllcced nRctit Is ad-
mlsiablc , umUr proper pleadings ,
2 Where the attorney secVs to recover fees
alleged to be due him for Iho foreclosure of
a mortgage , nnd It Is claimed by such at
torney tint the mortK.'Roe with knowledge )
of the fnct * llv hla Alienee ratified the nets
of such attorney \\hllo the foreclosure was
pt'oRreseliiK , and afterword , that the inort-
IMKCP'S ratification was evidenced by his re-
eelvlntc ( lift avail * of the foieclosuro proceed-
InRS , and the defense Is. that tbe employment
of the attorney was not by the mortgagee
but b > one who wished to cut out u subse
quent mortgage cUdenco which tends di
rectly to establish the fact that such repre
sentation * wefe inn dp to the mortgagee ns to
I the purpo'cR of HIP foreclosure of his inort-
I gage and that tlie party benefited would ( ay
i the attoine > ' fees In such foreclosure. Is
competent In explanation or the failure of thu
mortgagee to dldalllrm the foreclosure pro
ceeding when brought to hl knowledge ,
Dlsbiow against McNIsh Appeal from
CumlUR county. Alllrmed. Kjtin. 0.
In ( lie com so of n trial before a referco
jonly the referee has tbe power to certify as to
i exceptions , and , a bill of exceptions embody-
| IIIR only such mutters If settled and slRned
b.the . clerk of the district court alone Is
I ontlieb nugatory
I Itovd ngdiiiHt Mains Hrror fioin Plerro
, county \fllrmcd. UiRan , C.
1 An assignment in n petition In error "er-
rota of Mw occurring at the trlil" presents
notliliiK to this cpurt for review.
1 Thompson .t Sons annlnst Nlcholls. Hrror
f om York count j. Hcu'reed and rematuled.
Ho.Ran , C
A petition In ipplo\ln by n niottgngeo of
chattel * , alleging tint the plaint ff IIIIH n sre-
clil Interest In the propel 1 } bylrtuo if a
chattel moilKaito. nnd that be Is entitled
. to tbo Immedl'ite possession of such pioperty
v , Itbont nlleBlng the facts In rsfeienee to hla
'special ' ownership and the facts ehowlng his
1 rlKlit to th possession of the mortgaged prop
erly does not stale a pause of action
2 The statutes iiplthor command nor
autboi Ire the srp erne court to amend tlio
record of the trial eomt In a caco brought
herp for review
Manning against Connell. Krror from
lugas > ! count } Afllrmcil. Uaran , 0
evidence examined and held to sustain tlio
litdRincnt of the district court.
Seavo" against Hall. Krror fioin Dougl.is
co-inty Keverccd nnd reminded Itagin , C.
Opinion on rehearing
Oaffe > against Thoirpjan. 'nrror from L-in-
caster county. Ue\erscd and remanded.
Kaftan , C.
Where one part > to an express contract Is
ttioiiKfull ) presented by the other pally fiom
completing lie maj sue uiii the contract fop
a breach thereof , and the measure of his
dnnnges will be the \nlue or ttie rwu't per
formed " measured by the contiact price
plus the prortts. If any , which would 1mo
accrued to him IM 1 ho completed the eon-
tract according to lth te ms : or he may Ignore
the cuutiacl and dfrl.ne upon a quantum
mcruit or rnuntu n % ale-La t In which case the
measure of his damages w 111 lip tbe fair und
teaoonable value nf whit ho ln done
2 In n Milt In .1 plumber to recover the
fair and ieast.nablalno of certain plumbing
n.itcrlal fi.rnihl e 1 bj him to the defendant
at a certain time ciul place the price which
othe- plumbers at stnli place and tlmo
cLatRcd for Mich matc.-lal as that sued for la
stautl HK alone lrre'e\aul
HutcliliiEon against City of Omaha. Ap
peal from Douglis county. Judgment. Ir-
\Ine. 0.
The clnrtrr of metropolitan cities , as It
existed in 1S90 , granted to the miur and
i\IIIK 11 power to grade "any street" or part
of street , oiu'-lulf the expense to bo paid _
fiom the ge-icial fund and one-half by local m
assessment upon pronorlv abuttlnc or ad-
jacent and speolally bcnelltcd When owners
of abutting property , representing threc-
flfths of : ho frontage petitioned therefor the
mayor and council were required to graJo ,
and In that case the whole exopnse was de-
tiaycd by Ioal assessment on abutting prop
erty Held , tint under the latter provl Ion
two or mnro streets could not be united
In a single lmpio\ement , and the total ex
pense distributed against the property
abutting on nil
2 U'licro power to make an improvement
Is del hod from a petition of property owners
the work miiht br done according to the pe
tition in older to found a local assessment
to pay theiefoi.
3. The provision of a charter that no court
shall cntnlain a complaint that ( ho party
was nulhoil/ed 10 make sn 1 did make to
tnc Board of nquallzill n has no application
where Ihe tax complained nf Isold. .
4. A Hoard of Htiiiallzalion must bo and
remain in HO'slon ready to bear complaints
during the hours adveitised for Ita mect-
I'lK.
6 A taxpayer Is not estopped from re
sisting a tix hecautn he has Buffered the
work to proceed before complaining , when
In so doing bo was not Riillty of laches
C. The levjlng of a tax Is not a Judicial
act , and the court cannot Impose as H con
dition of relief against a void tax the piy-
munt of such tax as would bo lawful , where
now proceeding ! and a different basl of as
sessment ars necessary to ascertain what tax
Is lawful.
Johnston against Colby. Appeal from Gags
comity. AfflrmeJ IrUne , ( J.
A decree of foreclosure Is sulllclent au
thority In Ituplf for Its execution. No order
of sale need issue , and If ono ho Issued a
sale made thereunder will nut bo set asldo
for formal defects in thu order , or for fail
ure of the olllccr to follow entirely the com
mand of the ordei , provided ho follow the
law and tbe dc ( ree
2. A deputy therlff may act for his prin
cipal In appralnlug and celling land under
dpcieo of foreclosing.
3. An nppralFement Is not so defective as
to Invalidate the tale where It finds tha
value of each of several tracts and the en-
uimbianccs on each separately , but con
cludes by stating defendant's Intercut ingress
gross
4. Nor will n sale bo > ct aside on motion
of the moi Igagor hccauuu no certificate of
eiicumbranu-s weru piotured , when the en
cumbrances found nnd deducted , were ICFJJ
than thotu actuall ) existing.
C. Where an ancestor dies Intestate his
lands dctcend Instantly to his heirs. It docs
not require Bel Moment of bis eitatu or a
piobato older declaring helrsMp to vewt the
title
0 , Publication of a notice of forecloiurn
sale may bo proved by ullldavlt of any ono
knowing the fact , und nuih knowledge need
not be expressly stated In the affidavit.
The Improved PATENT GRATE
for Htc'nin boilern , furnaces , oto.
This -ri-alo ih boinf , ' lurjjoly usol
in imulcJnir IIOIIHJS , brovvoricn ,
mills , bteum hontlug ( ilmit-n or uuy
iiluuo vvlicro Bte-uin Doilora uro bo
iiitf used. Tliov mo the most
uconunicul , iltmiblo and ollloiont
hlmklnjr trruto umilit iind will bav-
fuel Write for ( Illinium dcBcrlh-
hitf fjruloi- , giving fuller Informa
tion to the
Grate Go
10th Avc. nnd 12th St |
Council Bluffs la. |
13 "I
L N. A. After July ist my father , Dr.
. 9 K. I , Woodbnry , will have olmr o of
the plato work In my olllco nnd I will
Klvo my ontlro attention to Operative
Dentistry , Crown and Bridge Work ,
No. 30 Pearl St. ,
Next to Grand Hotel , H.A. WOOD BURY , D.D.S ,
