"H ' ci O THE OMAHA DAILY BEE:1 : TUESDAY , OCTOBER 5 , 1897. BONDSMEN LOSE A POINT Insist that Thousands of Documents and Cooks Should Bo Identified Separately , JUDGE POWELL OVERRULES THE POSITION II nil ( lie Contention of the DefeiiNe llecn Stifttnlncit the Trlnl Would Hiiro llrcti Prolonged | Indeflnltel- . i There was a prospect for a tlmo yesterday ( hat the trial of the suit Instituted by the Ute against ox-Treasurer Hartley's bonds men to recover the amount of Hartley's de falcation would bo of indefinite duration. This possibility was the only feature ot yesjjj torday's proceedings , which were otherwise uneventful and rather monotonous. Cot.sllcratlo headway , however , was made by the ntato In the Introduction of Us testi mony. Llttlo more now rcnialnn but the testimony of the experts who have worked for norno montha on Hartley's books to dis cover the shortage. The attempt was made by the defendants to compel the state to introduce separately and Identify ono by ono the 50,000 papers , books and documents , the records In the ofllco of cx-Stato Treasurer Hartley at the time ho turned over his ofllco to Treasurer Mcecrve , from which the amount of Hart ley' defalcation must bo computed. Judge Powell , however , ruled that this would not bo required , U is staled that If the position of the defendants had been sustained by tlio court it would have opened a way to them to Insist that no expert's testimony of the amount of Hartley's shortage should bo al lowed , but that the whole lot of documents , papers and books ehoulfl bo given to the Jury to determine tlio shortage for them selves. If the move had succeeded the trial would have hccu prolonged Indefinitely. State Treasurer -Mesofve was called to the land shortly after court convened yester day morning. Previously the bond record of the office of the secretary of state was Introduced to show the record of the filing of Hartley's bond. Last Friday the de fense objected to the Introduction of the record and Judge Powell reserved his ruling until yesterday , when he de- cldc-J to allow the record to be Introduced. The record was used partially to prove that Hartley's bond hid been properly filed nnd partially to combat the sensational In sinuation of the defense last week that the bond had not been filed until January 9 , 1895 , and that this date had been erased nnd January 3 , 1S95 , had been substituted. The record showed tint the bond had been filed and received on January 3. The de fense later recalled Assistant Secretary of Btato Wceaaer to discover whether ho knew when the record had been made , but lie could nnt answer. State Treasurer Mcssrvo Identified the registered warrant for $180,101.75 , the amount whch Hartley was convicted of having embezzled. This had been drawn to re imburse the sinking fund from the general fund to relieve the shortage produced through the failure of tlio Capital National bank. The endorsements on the back of the warrant showed that It had been received by Hartley on April 10 , 1895 , and was registered by him for want of funds on the general fund , and that the amount , together with Interest , $201,884.05 , had been paid by 'Hartley ' on January 2 , 1S97. The warrant was Introduced In evidence and was read to thf Jury. PAYMENT OF A WARRANT. As the next step in the case the bond of the Omaha National bank of this city , as a etato depository , through which the warrant \vcs paid , was Introduced through Auditor of " Public Accounts" Cornell , and woa read to ' the jury. . , ( That the warrant had becn.oald on January 2 1837 , was proved through William Wallace , cashier of the Omaha National bank. Ho testified that a check for $201,884.05 had been drawn upon this bank and had been cha'gcd to the account ot J. S. Hartley , state trea- urer. The state uas not allowed to ask whether the 'check had been drawn on the etato funds In the bank at this time. The check Itself Is missing and Is said to bo In the possession of Hartley. There fore to show the Inability of the state to pro duce It , Ca'hler Wallace was called on to show that he 'did not know what had become of It. Ho did state that It had been returned to Hartley , but this testimony was stricken out. State Treasurer Moscrve testified that the check was not In the records of the ofllce when he succeeded Hartley. Attorney General Smyth made a formal demand upon the defendants to produce the check. General Cowln answered that the sureties had never seen It and knew nothing of It. Attorney Hartlott , Hartley's counsel I.o niado no answer. With this show'ng the Btato proceeded to prove that the check had existed and had been paid by Hartley. PAID WITH STATE FUNDS. Cashier Wallace stated that Hartley had on January 2 , 1897 , presented to him a check for iiomethlng over $201,880 upon the state general fund In favor of the Omaha National bank and signed by hlmsejf. In return for this check Cashier Wallace handed to Hart ley' the registered 'warrant. The cashier Stated In due courscof , time the check had bean paid , tho. amoiint being taken out of the money In the general fund deposited In the Omaha National "bank to the credit of J. S , Hartley , state treasurer. The check , canceled , had bean later returned to Hartley. With the evidence thus far Introduced , the Btato has brought In everything In the way of testimony that lies outside the state treas urer's oirico. Almost all else Is to be found In the records there. .As a consequence , therefore , Iho state called to the stand Otto Hclblg , ono ot the two experts who had examined the records , upon whom It relics to show Hartley's shortage. The defense , however , put a stumbling block In the way of tills plan of showing the condition of the ex-treasurer's books. After the preliminary tpicstlons to show the expert's capability and the fact that ho had been employed upon the records , Attorney Genernl Smyth askon him whit - Amount of money was In tliu treasury at the tlmo that Hartley turned over his ofllco on January C , 1897 , as shown hy the books nnd records In the ofllce. The defense at once Insisted that this must bn shown by the books ami documents ) u the olllco , as long as they were avail- flblc. . "How many books and papers nre there In the office records " ? the expert was asked "About fiO.OOO , " wan tlio answer. ORKAT MASS OF EX WHITS. In splto of the amount of time that would have to bo consumed In court In'tho examina tion of this mass of documentary evidence the dcfcnsb Insisted on Its objection. ' "I * m Inclined to think the defendants nro right. " remarked the court. "Well I want co bo heard on that matter , " interposed the attorney general , "I want to hear if you there Is any chance of cutting off some two montlm' time In this trial , " answered Judge Powell , The stata was somewhat unprepared , but rgucd against the objection. It was Insisted Awarded Highest Honors World's Fair , Gold Medal , Alidwinter Fair. A Pure ( irapo Cream of Turlor Powder , ' 40 YEARS THE STANDARD. "U" - * * S"T. ' " V T" * ' - * that there were authorities In plenty which ' allowed such testimony a * was desired to bo offered to bo given through experts. The defendant * Imitated thai this bridge had not yet been reached and would bo considered when the time came. They maintained thata the proper foundation for Introducing the testimony of the expert had not been laid and Insisted that It would not bo laid until every paper and book from which the expert obtained his knowledge was properly Identified In court , In order that the court might determine whether he had employed the proper material from which to make his deductions. The argument was not com- plctcd at noon and was therefore resumed when court convened at 2 o'clock In the afternoon. JUDGE POWELL OVEItnULES. Judge Powell early In the afternoon erosion sion dispelled the fear of the prolonga on ot the trial aroused by the last objection of the defendants. Ho ruled that the conan elusions of the experts gathered from their examination of the records would be re ceived , Inasmuch as the state produced In the court room all thd records from which they made their finding. The records will be put In the possession of the counsel for the defendants for examination. The records were brought Into the court room. They filled a box 2x3x3 feet In - . State Treasurer Mcscrvo was recalled 10 the stand to Identify the warrant register , which showed the. warrants offered for pay ment , but not paid for lack of funds , and In the face of a strong objection from the defendants the witness was allowed to reid entries showing that the warrant for $180- 101.75 had been offered for payment , but hail not been paid. From another record Treas urer Mcservo read an entry of a check drawn In favor of J. II. Mlllard president of the Omaha National bank , for $201,884.75 In pay ment of the warrant with Interest. HARTLEY'S OFFICIAL STATEMENT. The attempt was made by the state to Introduce In evidence Hartley's last monthly statement of the condition of the state funds when ho turned over the office to Mcservo ; also State Auditor Moore's statement re garding the amount of money that should have been In the ntato treasurer's hands. The two statements arc the fame. Stale Treasurer Mcscrvo was asked also what Verbal statement Hartley made to him re garding the correctness of the two state ments , the object being to show that at the tlmo Hartley admltte.1 to Mcservo the statements were correct and that he should have had In his hands the amount of money they showed. The Introduction of the statements Is of considerable moment to the state , as the latter intends to follow them up with the testimony of the experts to show that there , was really on hand in Hartley's possession $500,000 less than the statements show. The defendants objected to the Introduc tion of the written or verbal statements on the grounds that they were not olllc'.al docu ments and were not therefore admissible. The state produced authorities to support Us stand that the statements could be Intro duced. Judge Powell took the tiolnt under advisement. Expert Helblg was once/ more recalled to the stand , but was unable to give any testi mony because he did not have all the records In the court room. He was therefore ex cused. He will bo required to Indicate the dlffeient papers and books from which ho made the conclusions he gives In his testi mony. Cashier William Wallace of the Omaha Na tional bank was placed on the stand to give positive evidence that the $201,884.05 check In payment of the embezzled warrant waa diawn In favor of "J. H. Mlllard , president , " Instead of the "Omaha National bank. " The day book and the ledger were further Introduced to show that the check had had a proper course through the treasurer's office State Treasurer Meservo identified a copy of the demind he made urjon Hartley for $1,153,346.53 In state money and property on February 25 , 1897. He testified tlmt since that time Hartley has turned over $153,809.33 In money and accounted for 1,040,016.89 In depository banks. In addition State Treas urer Mescrve testified that he had found an 6ver deposit greater than the amount of their depository bonds allowed , of $15,312.48 In the First National bank of Alma , and of $2,018.05 In the First National bank of Or leans. Hartley should have had on hand $1.536- 304.10 according to the statements of Auditor Moore and his own monthly statement when he retired. According to Aleservo ho turned over and accounted for only $1,200.426.22. The difference , $335,877.88 , constitutes a portion tion of the shortage. To this , however , must be added the amount of the over deposit ! > the two banks mentioned nbovo end the $201- 884.75 pild for the registered state warrant , the total being the entire defalcation. It was 5 o'clock when the state had pro ceeded this far and an adjournment was taken. As General Cowln must be before the supreme court all day today , the trial will he resumed on Wednesday morning , The prudent always have Dr. Hull's Cough Syrup on hand. It Is Invaluable. Tour ThroiiKli .VoiMVfly. Frank It. Hoberson was greeted with a fair audience at St. Mary's ( Avenue Congre , gatlonal church last night , where he de livered Ills lecture on "A Tour Through Nor way. " The lecture was Illustrated with a number of excellent views by means of a first-class stereoptlcon and furnished a very entertaining feature of the evening. The lecturer started at Los Angeles , Cat. , took his audience across thla country and up the Atlantic coast to Bar Harbor. . From there the ocean was crossed to the Northland , anrl the audience shown Its beauties. Types ol the people , Its scenery , towns , churches , etc. , were shown and explained In an interest- Ins manner. The lecturer also recounted some of his personal experiences while tour ing that land , and spoke briefly of tha char acteristics of the people. There Is nothing so refreshing as Cook's Imperial Champagne. It's pure , healthy and nourishing. lIomc'Nfi'UiTN' i\curn I HUM. On Tuesday , October 5 , the Missouri Pa clllc railway will sell round trip tickets at very low rates to points In the south southeast and southwest. Stopovers allowci' on the going Journey. For full Information , land folders , etc * . , call or address company' ! ofllcrs , 13th and Farnam , or depot , ICth am Webster streets , Omaha , Neb. J. 0. PHILLIPPI. THOS. F. GODFREY , A. G , P. & T. A. P. & T. A. rilNNCIIKITH f7l-t tilllllllt'llt. . The Lower Fares from Chicago to Now York over the Pen Handle Route save inoncj for passengers. Tickets cost less than the ; did hoforo this Pennsylvania Line was awarded differential fares. Ticket agents o connecting lines will explain if you afk them , or a prompt response will be sent to all Inquiries addressed to H. R , Dcring , As i sistant General Passenger Agent , 248 South Clark St. , Chicago HO DTK. ijs..M } to KiuiNiiN Oily "nil Iti-lurii October 3 to 9. Trains leave Omaha 9:05 : a. m , and 10 p. m. Chair , sleeping am dining cars. Get tickets at 1002 Farnam st Union 1'iiolllc. "The OvcrlunJ Limited. " The most SUPERBLY EQUIPPED train west of Mlesouii River. Twelve hours quicker than any other train to Pacific Coast. Call at Tlckot Office. ,1302 Karnnni St. TlilN Week Only , Half fare to St. Louis. Less than half faro to Nashville Exposition , For tickets am further Information call at 0. & St. L. office 1415 Faruiim street ( Paxton Hotel block ) , or write G. N. CLAYTON , Agent , HAYES Francis T. , need 24 years , 10 months , October 3 , 1897 , Funeral Tuesday morning , October 5th , at 9 a. m. , fron residence , 418 North Eleventh street , to St Phllmnena'g church , Ninth and Harney streets. Interment at Holy Sepulchot cemetery. KINSEY Fred W. . October 3rd , 1897. aged 23 years , U months , sea of Mr. and Mrs S * William Klnsry , 4019 Cumlngs street , after a long lllnt'js ' Funeral from residence to St , Andrews' church , Forty-Unit act Charles street. Services at 2 p. m , Tues day , October S. Interment Forest Lawn cemetery , WHOOicar. . October 4 , 1E97 , son of Qua and Alfreds Wllg , aged G } ears. Funeral 2 p. m. Tuesday , from residence , Forty cccond anil Maeon street. Interment Proa 11111. ITlenfla invited. . LOCATING THE UMBRELLA Agreement is Beached Between the Managers und Executive Oommitteo , AMUSEMENT FEATURE OF THE EXPOSITION Mvuliutilcnl Device mill liiiRluccrln \ovclty Will lie IMnccit Upon ilic Olil I'nlr ( iruunil Trnct Work In Ilcitln Soon. The preliminary details between tUo man agement of the Transmlcsltslppl Exposition and the company which Is to erect on the exposition grounds the engineering novelty Isnown as Sherman's umbrella have been completed a'ud tlic work of erecting the g.ant toy which Is to form one of the chief at tractions of the Plnlsance will bo commenced within Iho next thirty days. ' The plans for the mechanical device which Is to bo to the TrknsmlsslsMppl Exposition what the Ferris wheel was to the World's fair and the Eiffel tower to the 1'arta Ex- posltlcn have been examined by engineering expcits and pronounced perfectly feasible and safe , licfoio snow lllcs the huge skel eton framework of the tower will roar Its lofty head nbovo the exposition grounds and form a landmark which may bo seen for many miles In any direction from the city. The location selected for the umbrella Is on the west side of Sherman avenue , about 300 1'ect north of the south line of the old fair grounds tract. Here a H'aco 250 feet squat e has bccu set aside for the purpcso and the work of construction will soon be com menced. A hole thirty feet deep and about 100 feet In diameter will be excavated and the framework of the tall shaft will be firmly bedded In 'concrete. ' The " tlck" of the um brella will bu an open framewoik of steel beams , crossed and braced In all directions after the manner of a steel bridge. The Im mense ribs of the tower will be bent out from the center at the bottom like the roots of a trea and these will be firmly Imbedded in conciete at the bottom of the hole and then ' the whole excavation will be filled to th'o top with concrete , making the base per fectly rigid. The framoworit construction will bo car. led to a height of 350 feet above the ground , having a dlamctci uf fifty feet at all points. It Is said by competent engineers iat this plan of construction will give a owcr that will bo perfectly rigid and capable f bearing all the strain which could bo put 11 It. The long ribs of the umbrella will bo .ttached at their upper ends to a sliding col- ar which will be raised to the top of the owcr , while ths ribs themselves , carrying he carriages , will be tulsed to a horizontal losltlon at the same time. When the top the Uwer Is reached the ribs will be ully extended , forming a circle 250 feet In llameter , after which the carriages will be lowly turned about In a circle and lowered again to the ground. When lowered the arrlages will rest upon a platform twenty eet above the ground , which may be reached by means of steps. Each of the ten oars will contain forty people , making a oad. cf 400 people at each trip. The exposition management In general and the Department of Concessions In par- Icular feel considerably elated over the fact that the arrangements for" seiurlng tills de cided novelty have all been completed , and hey feel that the exposition has taken a eng step ahead In getting out of the rut ollowcd by all expslttons since the World's 'air In being compelled to rely on Imlta- lens of the celebrated Ferris wheel for an engineering attraction. \V1SCO\SI.Y COMMISSION AT WORK. Oruriiiit/.utloii IN to He Perfected Thin' We. elf. The Wisconsin Exposition commission will meet In Milwaukee Thursday of this , week to organize for work. It Is expected that at Ihls meeting a definite plan of action will bo decided upon and that steps will bo taken to raise about $15,000 by private subscrip tions for the erection and maintenance on the exposition grounds of a Wisconsin build ing. Wisconsin manufacturers have mani fested a lively Intel est In the matter of mak ing exhibits at the exposition and these In terests are well represented on the commis sion having the work In charge. This com mission Is constituted as follows : August Ulhlelii , John C. Koch , John E. Hanson. Ferdinand Kleckhefer , Alfred C. Clas , Colonel J. A. Watrous , Milwaukee ; General E. E. Bryant , II. G. Thwaitcs , Madi son ; John Hicks , Oshkosh ; Walter Alexander , Wausau ; W. T. Lewis , Racine ; J. H. Stout , Menomonio : Isaac Stephcnson , Marlnette ; J. j U. Treat , Monroe ; C. H. Daxtcr , Lancaster ; ' Thomas M. Blackstock , F. A. Dennett , Sheboygan - boygan ; H. D. Fisher , Florence ; Ernest Funk , Oconto ; Mrs. Angus Cameron , La Crosse ; .Mis. Leonard Lottrldge , West Salem ; Mrs. John Wlnans , Janesvillo ; Mrs. Caroline H. Bell , Milwaukee ; Mrs. True Goodrich , Oconto ; Miss Ella Roberts , Waukesha. WOMI3.V AMI TUB EXPOSITION. Acofptnnco of Mc'inlirrN of Uic Ail- vlwory Ilonril. The Advisory board to act In conjunction with the Woman's Hoard of Managers Is be ing formed slowly. The plan of organization of the Woman's board provides for an advisory board consisting of two women from each of the trans- misslsslppl states and territories and , well known women In each of these btates have been asked to accept the positions. The two Minnesota women hive accepted and the members of the board for that citato are Mrs. T. K. Gray of Minneapolis , chair man of the educational committee of the Min nesota Federation' of Woman's Clubs , and Mrs. C. T. Backus of St. Paul , principal of the Baldwin seminary. For Iowa , Mrs. Ella Hamilton Durley of Des Molnes , one of the proprietors of the News , has accepted. Mrs. Julia Emory , one of the faculty of the State Agricultural college at Hozeman , Mont. , will represent Montana on the board. These , together with the women representing Illi nois and Texas , whose names were an nounced recently , constitute the Advisory board eo fat as It has progressed. jn.vici.vs nous JS.YI'OSJTIO.V woiuc. i\l > i'rtN { o Sec an Kxlillilt ( from Sim .Sill viuliir. A letter Just received by the Department of Publicity end Promotion from Hon. John Jenkins , consul at San Salvador , expresses the hope that the southern republic will be represented at'the exposition. Mr. Jenkins says that upon his Introduction to the presi dent of the republic , ho suggested to the ofllclal that at some other time ho would call to present the matter of the exposition and that the president at once expressed coaald- erablo Interest In the enterprise. . Mr. Jenkins says he Informed the president that an exhibit by the government was not all that was desired , but that It should show the advantages offered by the country to Immigrants and the extent end character of Its products and manufactures. At the pres. ent tlmo the republic Is embarrassed through financial troubles , and there Is considerable excitement there over the rebellion in Guate mala , which will make it difficult Just now to get a hearing for the exposition. However , Mr. JonUlna thinks these clouds will pass away shortly and that the government will then take up the question of an exhibit , Nl-lirilNUllllH ( ill < \IIMllVllll' , The Mltfourl Pacific will carry Governor Holcomb and party to N'ashyllle for the cel ebration of Nebraska Day at the Tennessee Centennial of October . The party will leave Lincoln today and will Include the fol lowing : Slla A. Holcomb , P. H. Harry , It , H. Griffin. F. A. Miller. J , A. Maher , Walter Molie , Emll Hanson , Charles Ilruan , C , jry Bills , J. P. Hratt , J. G. Painter. E. H , Tracy and D. D. Eager. Materliil Slow In Arriving. Owing to a failure of the Cady Lumber company to deliver his material , Contractor R. 0. Strehlow yesterday laid off twenty- five of bis men who were working on the Manufactures building. The work on this building has been delayed and hampered in every way from the very beginning by fail ure to get material , Tbo material that Is lacking IB the heavy timbers to bo. uaed for .uprights to form tlio. sides ot Ibo building nnd the galleriesAnalso the flooring. The contractor has htan compelled to work back wards from the xt ri and hue thus toil much valuable time. < When unable to start on the framework , UieiCommenced laying the floor , but this * rwtinot all delivered and work was stopped fftrilack of material. Being thus stopped at .both ends the majority of the men cmployedl were- laid off until the arrival of more Tnattrlal. IXVHSTK1 ATIN .IU\ OU11AI.II1M3. Committee Unnruimlrril mill Mny llt-Klii ItmAVork Toiliiy. A special mooting of the executive com mittee of the exposition was called yes terday afternoon at the request of Presi dent Wattles , who suggested that it would bo well to postpone the regular meeting of the board ot directors , which In to be held Friday of this week , until Tuesday of next week , on account of Iho fact that Friday Is Nebraska Day at the Nashville exposition and a number of the officers and directors desired - sired to go to Nashville on that occasion to represent the TransmlsslMlppl Exposition. After discussing the matter It was deter mined that the committee had no power to postpone the meeting of the directors , but H was decided to recommend to tha board that It j adjourn until next Tuesday. The discussion on this matter turned on the hearing of the chaises against Gcraldtne. Mr. Wattles said ho had no pcwonal Interest In the matter cx'cept so far aa his own acts while In chargp of the Department of Build ings and Grounds were concerned and he said ho had no fears co that score , as he know that his acts would boar the most searching Investigation , but ho said , ho did not want to have ! a hearing to bo held during his ab sence and his own act * brought Into ques tion and possibly condemned without bis knowledge. Mr. Roscwatcr said ho had intended to Insist on a speedy hearing In the matter. Ho said he had no personal feeling against Ger- aldlne , but the duty of the committee was very plain and the charges should bo Irv- vcstlgatcd nnd disposed of without delay. It was stated that General Mandcrson , ono of the special committee of directors ap pointed to hear the charges , would not re turn . ' to the city until Wednesday or later , and It was doubtful If he would servo at all ; Mr. Wlmrton was reported to be too busy In court to attend to the mutter , thus leaving Mr. Kountze as the only member of the committee who could serve. It was finally decided to select six directors , from which Chairman Lludsoy was Instructed to secure two to act with Mr. Kountzo and take up the hearing o ! the charges at once. These six men were selected : G , F. Bldwell , Lucius Wells , Frank Murphy , H. A. Thomp- ssn and C. E. Yost. Upon Inquiry It was learned that Mr. Kountzo could not bo reached In time to hold a meeting last night and the attempt to hold a hearing at that time was aban doned. The committee will undoubtedly be convened some time today and the charges Investigated. \oti-s of the t\ixislHoii. The Nebraska Exposition commission will meet today. Another lot of piles have been received at the site of the Machinery building and limy are being driven In their places. The carpentenshop for the Nebraska build ing has been completed and the work of dilvlng the pllcslhastboan commenced. About a dozen were put In yesterday. The piles arc being received very slowly and tuo entire first lot were rejected on accobnt ot their Inferiority. The bottom of the lagoon Is now com pletely filled with water and the steady flow Is gradually crec-plng up tlio sides of the big basin , which recembles nothing co much as a big bath tubtslncc the bottom has disap peared from view and nothing Is to bo seen except the water washing against the vertical sides of the canal. Running aore : , indolent ulrers and similar troubles , oven though of many years' standIng - Ing , may be cured by using JeWltt's Witch Hazel Salve. U soothes , strengthens anJ heals. It U the great pile-cure.- , rt' > ; nJ ! ninlT HIIU-N. , The Missouri _ P.clflclrallway wlT sell .ound trip tickets to Kansas City , Mo..at 6110 fare from October 3 to 9 , Inclusive. Also to St. Louis , Mo. , October 3 to S ; Inclusive. . For further Information call at company's offices , N. E. corner 13th and Farnam , or depot , lf > th and Webster streets. J. 0. PHILLIPPI. THOS. A. GODFREY , A. G. P. & F. A. P. & T. A. SHOT 1IY IIIS YOU.VH COMI'AXIOX. OHCIIF WHK'H Heath Due to the Care- luMxiii-wH of John Allotli. Oscar Wllg , the fi-yoar-old son of G. Wllg , 1215 Macon street , died at 4 o'clock yesterdaj | morning from the effects ot a gun shot wound Inflicted by John Alloth. The shoot ing occurred Sunday afternoon about 5:30 : o'clock. Alloth , who Is nearly 1(5 ( years of ago , went out hunting Sunday near the county hos pital. Ho was accompanied by Oscar Wllg Gua Wllg , Julus Wllg , Willie Reuman and Charles Falkner. The boys were gunning for pigeons and for this uurpose Alloth had borrowed a single-barreled 22-callber rlllo from his father. When near Forty-tlrst and Mason streets the bo > s paused for a short tlmo and while resting Oscar Wllg went up behind Alloth and took hold of the gun stock. Alloth turned to the other boys and said. "What shall we do to him for monkey ing with the gun ? I guess we. had better shoot him. " In making this remark he turned around and bringing the gun up from the ground pointed It at Wllg. At the same time Alloth attomped to extract a cartridge from the weapon. In some manner the hammer dropped upon the cartridge and the gun was discharged. The ball struck Oscar Wllg al most In the center of the forehead. He dropped unconscious to the ground. Thor oughly alarmed at what had happened Alloth and his comrades ran to No. 7 engine house Thirty-sixth and Jackson streets , and the cap tain In charge notified the police of the shooting. He went to the assistance ol Oscar Wllg. The boy was picked up and car ried to the home of UU parents. Surgeons wore summoned , butIt was evident fron the first that the wound would prove fatal. Alloth gave himself up to the police shortly after the shooting occurred. He was charged with dlsi-barKlng firearms within the city limits when first booked nt the sta tlon and It Is probable that no other charge will bo preferred , as the shooting was purely accidental. His father visited him nt the station yesterday morning , The boy was very much worried over the sad affair. Ho said ho never hail any trouble with Oscar WIlR and that the shooting was an accident Alloth has nhvinu borne an excellent repu tation. Ho wast , employed as stable boy for C. S. Montgomery. Coroner Hurkut dmpaneled a Jury and Iielc an Inquest at the home of the deceased yes torday. The iverdlct rendered was In ac cordance with th ( ) 'facts given. It exon erated Alloth from : any Intent to kill , whereupon upon ho was discharged from custody. The funeral of Oscar/Wllg will take place from the family residence at 10 o'clock today Interment at Prospect Hill cemetery. Tom Green accidentally shot George Davis Sunday evening" with a 22-callber rifle The gun was bolnff cleaned , preparatory to a squirrel hunt , when In some man ner a cartridge waa discharged. Green was fixing the sight .on'the rifle and Davis was standing dlrectlyi in front of him , The Hlght was struck In order to move It and the Jar exploded the .shell , the bullet passing through Davis * iloft lung. David Is resting easily at tils homo tin the Third ward am It Is not thought that ho Is seriously In Jurod. SouviMilrx of a IliiiiqiiH. Souvenirs have Just been Issued of the banquet to J. Sterling Morton In this city last April. They consist of a fao simile lithograph of the envelope and autograpl letter of ex-President Cleveland , cxpresslni his regrets at not being able to bo presen and complimenting Mr. Morton. The sou vetilrs will be sent to those who wcro pres ent on that evening. Not ( iiillty of ANNiinlt. Mary and John Ooster , who were chargei with assaulting otficers of Valley with In tent to kill with a shotgun on attempt on Iho part of the officers to confiscate a par of the Oester homestead for street purposes have been declared not guilty by a Jury It the criminal court. The prosecuting attornej asked only for a conviction on the charge o : assault. Dr , Davis' Anti-Headache ib superior la ever ; ; way to all remedies for headache. CAN'T ' SWALLOW THE DOSE Fusion Becomes Hopnlslvo to n Largo Element in the Contracting Parties. MANY REPUDIATE THE MONGREL TICKET ( Jernmii niul lrl h Vo crn Feel tlmt They Were Innoreil > > ' * ' c ( Fun Ion Airri'vntriit li t The variegated assortment of political rcn- ogndcs and mongrels dished up by the com blnod effort * of the three fusion conventions Saturday Is already beginning to leave a bad taste in the mouth of a good many of the voters who are expected to swallow the whole ticket for the take of ono or two candidates for who they have some icspcct. This Is partially duo to the fact that there Is a con sldcrablo and important element In both the democratic nnd p ( iullst partle's to whom fusion In any form has bccomo repugnant Hut It Is emphasized In this Instance by the fact that In the make up of the present ticket tbe controlling organization 1x14 seen fit to summarily veto tlio wishes of elements that believed thcmiclvcs at least entitled to respectful attention. Ihls Is especially true of the German and Irish voters , neither of whom received any consideration at the hands ot the men by whom the conventions were manipulated. T.ic German clement was not recognized In any particular In the fusion program and a largo number of German democrats , who uro numerous In the Second ward and In the country precincts , arc in a temper to re volt. A well kttown man , who Is recognized as ono of their leaders , openly declared yes terday that the Germans would to a largo extent repudlito the action ot the conven tions. He stated that the Germans wcro disposed to be Independent In polltlc.il mat ters and that when they received the sort of treatment that was accorded them on this occasion the party leaders would Hud It Im possible to wnlp them into line. The Irish are naturally much Incensed al ho manner In which Redflcld was crammed lown their throats nnd their IndlgtvJt.on is emphasized en nccouot of the manner Ir which the democratic cndorscniont of Had- field's nomination was accomplished. If the question had been sprung when the full dele gations were present It Is doubtful whethei .ho endorsement could have been secured Jut the machine \\as well aware of the senti ment that existed nnd the question of en- dors'.ng Rcdflold was not raised until nearl > all the delegates had become tired out and guie home. Then the votes of the absent lelcgatcs wcro unscrupulously counted for IteJfloM and the farce successfully hrough. More than half of the delegates who sat In the convention did no ! know thai letiflelil had been endorsed until they reai ho papers the next morning and they do nol lesltate to declare their Intention to decline to ratify a nomination that they had no op portunlty to oppose. MACHINE DOES ITS WOUK. Another thing that Is causing the fusion loaders a good deal of trouble is the man ner In which Harry Dcucl , a lifelong demo c-at , was turned down In favor of Frank [ Caspar , who suddenly discovered that he was ? populfst when an opportunity to ge lilmself. nominated for county commissioner was In eight. Mr. Deuel was a candidate for the commlsslonorshlp and ho had the sollc support of the best element of the demo cratic party. Hut the machine that con trolled tlio convention illd not make tin slightest effort to secure that nomination , al though It was the expressed desire of t majority of the active democrats that 1 should be secured at any cost. The nomination of Tom Hector Is more satisfactory to the rank and file than tha of any of his colleagues on the ticket , bu In this respect there IB also an element o discord. The friends of T. II. Todhunter as sort that they were shamelessly betrayed They declare that before the convention am even after the balloting on sheriff had be gun Hector personally assured Todhunte that he would throw his strength to liln when the opportunity arose to make him On the strength of this they assisted Hooto to get a number of votes that he woul < not otherwise have obtained and then the assert Hector played them false and dumpei Todhunter In the ditch. The populist leaders freely admit tha they do not expect the mlddle-of-the-roai element to vote for the fusion ticket. The ; have learned that the democrats have alrcad begun to play the same game that wa worked last spring when the populist an silver republican candidates were sacrifice ! In the desperate effort to land Ed Howe ! In the major's chair. Now It Is the sherl that they propose to elect and It is thorough ! understood that the populist candidates ar to be traded off In Hoctor's Interest. Th populists declare that they can do a llttl of that sort of work themselvin. This is th expression of the more conservative popu lists , but the radicals declare they wll repudiate the Whole fusion program at th polls. Arnold's llromo Celery cures headaches lOc. ? 5c and 50c All druggists IIUKSTIO.V ov r.onnovs s.vi.un City Cniuifll SIIP ml K Mure TimeIn It Consideration. The greater part of the regular city coun ell committee meeting yesterday aflernoo was occupied by a controfersy over the de ma ml of Police Judge Gordon that he b paid his salary at the late of $2,500 a yea the amount.flxed under the old charter , Th salary has been Included In the apprcymtlo ordinance each month at $1,200 a yeiT. as con terr.piated by the new charter , and Judge Go- don has so far refused to accept It. H demand for the full calary lias been hangln fire In the hands of the legal department to some weeks , City AUorney Connell demant Ing that Judge Gordon should state explicit ! whether he asserted his right to hold offlc under the old charter or Iho present on and this the Judge lias persistently refuse He was present with his attorney at tl committee meeting yesterday and made a vlg orous demand for what ho a oerted as h rights. The same ground was fought eve between the attorneys , Mr. Council Inslstin that Gordon should declare himself as t whether ho made any claim to rights undt , the new charter , and Judge Gordon as deter mliiedly refusing to go on record on Ilia n n I n t. No definite action was taken by the counc beyond Instructing th city attorney to malt a recommendation on the subject at th earliest possible dale. I'ONtiioiit' IHWilier | CnnveiiUiiii. At thin iifternoon'H meeting of the Omnh Heal Hstnto exchange a letter from H. ] Cullom , clmlrimm of the Deep Water mil ! jmtloii committee , was read , In which lei ter It was Btntnl Unit owing to the prov.il encu of yellow fuver In the south , the dee water convention nt Houston had been post tioneil from October 5 to November E. A tlui latter date If about tlie time of th state mill county election here , and as fe\ of the re.il estate dealcra care to lone thcl voteH , the trip to the bouth IB probably o for cood. rirnplen , blotclici , blackhesdi , red , rongVi , oily , roolhy tUn , Itching , icaly ecalp , dry , thin , and fulling hulr , Btid baby bleniliuea prevented by Clrricuru Boip , the rooit effective Un purify. Ing nnd beautifying iioap In the world , well a purvet and twectcit for toilet , btitb , and nurecry. I. oM throughout th TOrtd. ForTI iQctum. ay-"llow to ! ! < BLOOD Dee , Oct. . WE ARE getting ready to move. Getting ready to give you more light , more space , more convenience , moro satisfaction in many ways. Getting ready to invite you to he largest and most modern clothhig store in all America. Getting ready to show you the full strength of our great pur chasing ability. One week from today we will show you some new lessons in correct merchandising. We will show what it means to trade at The Nebraska when it is uncramped n space and unfettered in opportunity. We. will surprise you , not by grandeur or pomp or ostentation , but by the simple force of having room in which to serve you better. The contemplation is inspiring to us , who know what we have n mind for you. The realization will be great for you be- c.iuse it will save you dollars , The last week in the old store will be a week of preparation and bargain-giving. "iF AT FIRST YOU DON'T SUCCEED,1 TRY ervR.es Bring 10 cents to The Bee office , either in \ Omaha or Council Bluffs , Mailed to any address on receipt of 10 cents in coin. PS "CUPIDEWE" | I This Brent Vegetable Uvitiillzertfi pr K.Tlp- tlonof a lanioun French pliyelclnn , will quickly cure you or ull ner. volts or diseases of tlic generative urmuit , Mich us Lust Manhood * Insomnia , I'nlns In the Jluck.Bcmlnul Knilsslnn * . Nnrvoui DcbllltX , I'lmplf * , Unlltiiesa to ilurry , Kxlmtistlni : Druliis , Varlcorelo f-'iu Constipation. U stops all losses byrtuy nr nlg.i ! , I'icvrnta quick- nf si of illscliarsn , wlilch Ir not elirrkpil Icruli to bpenimtorrlioitt ana nil the horrors oflrapotpncy. 'UI > Il KAJRrlcaimcstliollver , tU9 kidneys and thn urinary ortraiia o' ull Imi/uilllcs. tj curinF.NIJiitrensthensandrestoressmallwealcorranii. . . . . . . The reason nufTemri nre not cureil bj' licclorH li heciiuso rlnoty per cent nro tronble with Proitolltl * . CUPIllUNE fa tlm only known renifrty to euro without 1.11 operation , tuwii'stlmnnt. ils. A wrlt'.en Bi"ranti'iRl7enoinl money returned If sli tmzen doen not cilect a jicnnuneutcure , SjjW o box , BIX for J5.O3 , tiy mail. Bend for nicu circular and testimonials. Address IJAVOIj WKIUCIXK C < . ,1'.O. lioxao78.BanFrasiclicoCoL FnrBatetM ND E-AUNAM STREETS. OMAHA. NEB. MVKUB-UII.1XIN UllUO CXI. . B. E. MTU TEETH Ilnw ninny Imve you ? If you ilon t Uiiou U't im examine them In a rubber bag forms It COM * nnthlnu' Our prices for ono of the best cures niiliiB arc nominal. Our work the In the world for re 1 licet. lieving the toothache , If your tooth an : hoyonil irpnlr t.iu will bo plonsril with mir face ache , stomachache 'iicthml ' fin luilulcxH oxttncllon ache , In fact an r-oiit olio-half tin usual tee. ache of any kind. Absolutely I'ulnlcBS Kx- \Vo cell a 2-quart tructlon 2 c hot water bag for Silver Fllllnus 'Oc I'uro Gold Killing ! ! tl up . .50c. . Set Teeth "i 00 Warranted. Host Teetli . . . . . . $ < M No charge for examination A first-class family 1 I.uily nttenOaiit. syringe , COc. Write for Catalogue NHW YOU K IHiNTAL CO Ofllec In lu ! hiimn' Hlock , ICtli SliBrniin & McCoiunll Drug Co. , 'iml IJouRlnrcr OartwrlRlit'ii Shoo Klorc Op 'n ovenlngH , 1513 Dodge Street. Middle of llloLh Dll C'l.rMMHK MtT Doalcrti in Hiiro Drugs and Chemicals. TAN.FRECKLESANDSUIIBllRN . detract fmm flno features. The dally use of Woodbury'B Tndnl Soap , Kaclal Pit-am und Facial I'owder will itnilcr the complexion clear , toft and beautiful A cample of inch uf Wood. bury'B racial Snap , Facial Cre.im , facial 1'avtilrr und Dental Cream , nullli lent for three weeks' u e , mailed on receipt of ! 0c Tlio rimilnr lze olrt oerswheic. 25c , JOHN H WOODIIUUY , Der matologist. 127Vf t 4'.M St. , N. V on. HAWKSnoi.ni : > HIMJCIIMC crjitns It can he g\en ! trillion ! tin- of tin ; pntlciil In coffee , tea or mtlcles of food , will effect o permanent and jpeedy cure , whether the patient Is a moderate dtlnker or an alcoholic lueck. Hook of particulars free , to be liail of ICiilin A : C'u.i 15th and Douulat. Omaha , Neb < ; OI.IHV si'Kuivio co. , niiiciuiiiiii , o. Write for their "Hook on Jlurphlno Habit , malted free. MADE ME A MAM AJAX TAU1.RTS IWITJVEI.Y CIJIH ! A f./ . rioiiArn f KuMlnz Mem ory. I m pot enrKlf vplet.Rnoi > it , ftc.tnuKed liy Aburo Mid othvr KxiuiuM ami jmltv crrtlun > . Thru < mlrl.lv iix'l ' uii/lj n-.coro I/iil Vilalltf In oh ) or icjim. . una ft A uiim farttiidy bu lnt > . u or imrr cu < * 'rrvonl ' Jmtftnlty an,1 ( tyniuuif'tfon if tiikou III lime , Ihi'lr uk the Itnrnuiil.iU llnifti' | inent uuJ effect * u OUJIK v/tioro ull oih m lull. In ilit upon ImviiiL' tli genuine AJai THbleK. Tim ! ' humcurt l tliou iuil iid "III < ur jou. U * riiu ( Mjiltlra written cudrunleo to efluct a curtt In rat ! i cuter or refund tint money. I'rlruCG lenm | r pickup * or Illxrltuge * ( lull IrtMuitatl for : . & > . By run I In plain wruppir. njion receipt of prlc , I'lfnlor tr'c AJAX RBA1BDY CO. , h For ale to Omuha by Jmnci For yth , 102 N , Jtth treet. Kubn it Co , , litU aod DougUi BtritU. Pi Chronic Diseases { = ] a In easot not readily cured by tlio family ph.Vhiuiun. u ohort f I courho of treatment at tlio D SHhl'AHDJlEDluALIXSlITUTB ' may ( 'ivo v < n qulolt rcllof. SPlCClAJjTIKS ; Catarrh itiul ull uuruljlu dliuuhUB uf men mill women. Spcuiullbtti in ( lopariinunt T = ) l. 11U8. Consultation I'rcc. MEDIC 1L INSTITUTE ? ii 11 ? sia N y i.irc niiiir TTI ins TRADEMARK POCANTICO CURt Un lllgtj for unu > turi4 uikcti&rcf , InflainiiiKtloaa , Irriltllouf or ulwrtllon * &f inueuiif mcuilirADe . I'jlaleii , ud wet tilrla. Weld \if UruffUU , or Mat In pUIn wr p r.