jZET * * *
8 THE OMAHA DAILY BI3E : SATJCllDAY , OCTOBER 9 , 1897.
WETLER WILL BE RECALLED
Bpaniah Cabinet Decides Upon an Immediate
Change in Cuba.
GENERAL BLANCO FOR GOVERNOR GENERAL
Queen ItcKcnl AVI II Tnilny Slffit ( lie
Decree AiinlnliiK | | tli Xew Olllclnl
_ Corrri | mliMico llntTrocn
j Wuylcr niul Sii jnti .
MADKID , Oct. 8. ( Midnight. ) The cabinet
fcas decided upon the Immediate recall of Gen.
cml Wcylor from Cuba.
A Occrcn will bo Issued appointing Captain
OoncrnI Blanco y Arenas , marquis of I'cna-
riala , governor general ot the Island. The
queen regent will sign the decree tomorrow.
.According to El Hernldo , 20,000 reinforce
ments will accompany General Illanco to
Cuba.
General Blanco will be accompanied by
General Ardcrlno ns vice commander of Cuba ,
by General Oonzale'I'alnals and Generals
Tanilo , Dcrn.il and Canclla.
In Iho course of the cable message sent by
AVeylcr to Premier Sngasta placing his post
In Cuba at the disposal of tliu government ,
ho said :
"If the functions with which they had
entrusted mo bnd been merely these of gov
ernor general of Cuba I should have hastened
to resign , Hut the two fold character of
my mltslon and my duty as commander In
chief In the face of the enemy , prevent my
tendering a resignation , Nevertheless , al
though 1 can rely upon thu absolute uncon
ditional support of the autonomist and con
stitutional parties without public opposition ,
this would be Insufficient without tlio confi
dence of the government , jjow more- necessary
to mo slnco the censure by the members and
the Journals of the liberal pSrty and by pub
lic opinion In the United States , which latter
Is largely Influenced by the former. This
confidence would bo necessary to enable mete
to put an end to the war which has already
been virtually concluded from our lines at
Jtiraco to Capo Antonio , "
SenorSagasta replied : "I thank you for
your explanation and value your frankness.
I wish , to assure you that the government
recognizes your ncrvlcei and values them ns
they deserve , but It thinks a change of
policy , In order to succeed , required that the
authorities should be at one witb the min
istry. Tills Ins untiling to do w.lth the con
fidence felt In you by the government , for
the liberals have always slid thai the re
sponsibility for a given policy does not fall
Upon those who carry It out , but upon the
government Inspiring It. I shall communi
cate your communication to the government
shortly. "
WEYLRR WILL NOT IIRSIST.
HAVANA , Oct. 8. firneral Wcyler gave
floiay an emphatic and absolute denial to
the reports tnat he would resist removal from
Ills command In Cuba , and In certain contin
gencies might espouse the Carllst cause. He
ttld , according to the official account :
"My principles and my military record arc
Jlrm guarantees that I will never opioso | the
constituted government whatever It may be.
I never have put obstacles In the way of the
government and f never shall. I have al
ways obeyed orders and I always shall. So
far as popular demonstrations go I accept
them only as expressions of approval of my
military policy and , as tokens of personal
sympathy. "
The merchants of the Island , according to
the official account , continue to send cable
messages to Senor Sagasta expressing their
confidence In Weylcr.
, Madam Ana Milan de Bcnou , who has been
fn charge of the hall at the Cata do Tlccogl-
flns , where Ppnortta. Cosslo was confined , Is
oao of fptir employtrrand the Jailer-who have
been arrested and confined poiUlng the re
sult of the Inquiry being made Into the cs-
capo of Scnorlta Cosslo.
PtISTJPY .APTIO.V OK SAMSIIUHY.
Xoniloii I'rcKM Coiiimeiil on Ilei'IiiK Sen
Conference.
LONDON , Oct. 8. Tlic St. James Gazette
this afternoon , referring to Iho formal on-
fiouncement of Great Britain's declination
to lake part In a 'Bering ' sen conference to
( which Russia and Japan might bo parties ,
pays : "There will bo n feeling of relief that
Great Britain , In behalf of Canada , lias
finally declined to walk into the trap which
avus being arranged at Washington. America
has never paid the damages for the Illegal
eolzuro of Canadian sealers and has ex-
Jwusted ovcry diplomatic artifice to evade
the award , finally demanding a fresh con
ference. The marquis of Salisbury con
sented , whereupon America calmly proposed
that Hussla'and Japan should have seats at
the conference , with the obvious Intention of
outvoting England and upsetting , by a side
( svfn < d , the Paris award. "
The Globe , commenting on the same sub
ject this afternoon , says : "As a mere matter
It ot business , It Is time that Yi firm check was
II : put upon tlio policy ot the United States In
lib dealing with this case. There was no cause
to adopt tlio theory that the marquis of
Salisbury almost regretfully refuses to
participate. In the Interests of Canada , It
Is well to let the United States understand
that no settlement of the question will
ratlsfy Great Britain which sacrifices one
jot or tittle of the jusl nnd equitable rights
of the loyal Domlnton.of Canada. "
GOIXO TO SKKIC ItimiUI )
Thirty Mllllm Ddllurn' AV ili Salil < >
llnvo Ilri'ii Located.
LONDON' . Oct. S. The British war ship
Impcrlcuso , which recently sailed for Guate
mala , carried as a guest of Hear Admiral
ralllzes Ernest Harris , a real estate man of
( his city. H is asserted that ho went south
to secure part of the treasure which Charles
Hartford snys ho has located on Cocos
island. Hartford caino hero from Cocoa
island a couple of months ago on the
iichooner Aurora , on which a party of seniors
hod gene to the Island to search for treasure.
The scalcra could not find It , but Hartford
Bays ho located $30,009,000 In gold , silver
and jewels. Hartford is said to Iiavn In
terested Harris and the olllcers of tbo Im-
f porlcutto In his story , and It Is oven thought
that ho himself sailed as u blue jacket on
the vessel.
Vrooliiiiinlliin tu tint AfrlilIN.
SIMLA , Oct. S. General Sir William Lock-
hnrd , In command of the punitive expedition
against the rebellious border tribes , has Is-
eued a proclamation 'to the Tlrah A f rid Is nnd
Orczakls saying that in consequence of their
breaking the treaty of 18S1 the government
Is Bending a force to march through their
country. The final pcaca terms of thu gov
ernment will be announced to the tribes on
the arrival of this force at their capital ,
immediate submission' ' to the Hrltlah au
thorities Is atlvlxeil In order to avoid unnccou-
fcary damage , otherwise punishment will fol
low any opposition to > lho British advance.
Awarded
{ Highest Honors World's Faff ,
Gold Medal , Midwinter Fair.
BAKING
A Pare Grape Cream ol Tartar Powder ,
40 YEARS THE STANDARD ,
MO Hi : OK IIIM.'S 1MM1I.Y TIIOUIILKS
III * AVIfp Interrupt * One of HI *
. \moiirx.
A case of domestic disloyalty In the family
of Joseph Hill , which has previously forced
Itself upon public attention , was brought to
light again last night.
Last night Mrs. Hill followed her husband
to 1707 Mandcraon street , at which number
Hill's more lately favored choice In the per-
gen of Maltlo tiakcr , IB a servant. She heard
him talking to the girl within and fired
through the window In the hope of reaching
ono of , them. The aim was toi truly guessed
that though the curtain was drawn the bullet
passed between Hill and the Hakcr woman ,
scraping her roughly across the hand.
Miss Hakcr , In spcnklng of the shooting ,
eays : "Just at supper time Hill called and
asked to see mo for a few moments. I was
busy eiii ] sent him away. Later , however ,
he called again and I admltcd htm ,
" \Vo were sltlnB near the window talking.
Suddenly there wns a noise at the window
as ot some one striking It and Immediately
the shot came. Hill then arose and went out
the back door. "
W. T. Halo of 3802 North Seventeenth
street Is a witness of what followed the shot.
He says he saw Hill meet a woman at the
front of the house and attempt to drag hep
away with him. He saw Hill then thrust the
woman rudely down and that she fell upon
the sidewalk , where ho found her in a hys
terical and falotlng condition , He followed
Hill to Clark street , where the latter ran
cast over the bluff and disappeared.
Hill Is an employe of Swift and Company
In South Omaha and resides on .Sherman
avenue.
Mrs , Hill was removed to the police station
prostrated and delirious with excitement and
terror. AVhcn she had somewhat recovered
from her excitement she eald that Hill's un
faithfulness to her was ot long standing.
Several times before , she stated , had she
surprised him with the same woman. Last
March ; she followed her husband to Twenty-
fourth nnd Douglas streets , where the girl
was then working , end broke In upon them.
Her husband then ossaulted her and left her
lying In the snow. At that tlrao she left
him and was employed as a waitress In I'ap-
llllon. About two months ago , however , she
was led by his promises to return and has
slnco put up with considerable abuse on ac-
coujit of her two children.
Sergeant King later visited the scene of
the occurrence In the endeavor to nnd the
revolver which the woman said she bad
thrown down near the porch. Making an
Inquiry at the house ho discovered that Hill
had returned and was In the parlor and
accordingly conducted him to the station
on the charge of adultery.
Dr. null's Cough Syrup Is sold everywhere ,
and It aiwcys cures coughs and colds.
MKKTIXG OF IVIIOI.HSAMi "lJUOCRIlS.
Inilirovcil HiiMliioNH CmiilltloiiM Hi
port IM | In the U'CHt.
The Iowa and Nebraska Wholesale Gro
cers' association held Us first meeting at
the Commercial club in this city yester
day. The new association la the result of
the consolidation ot the two state bodies
about three months ago. The present otll-
cers are Samuel Mahon of Ottumwa , la. ,
president ; Charles II. May of Fremont , vice
president , nnd R C. Letts ofl Marshalltown ,
la. , secretary and treasurer.
The business of thu morning session con
sisted only of the reading of the minutes
of the meeting held to perfect the consoli
dation and In ratifying that action. About
sixty wholesalers are present , forty of whom
are from Iowa.
The afternoon session was a lengthy cne ,
lasting from 2 until after G o'clock. Reports
of the wholesale grocery trade from all the
Important points In the two states repre
sented were received. They Indicated Im
proved trade conditions everywhere1. Secre
tary Letts estimated that the reports indi
cated that the wholesale grocery trade in
Nebraska and Iowa had improved 33 % per
cent within the last twelve months. U was
the general sentiment that both sales and
collections were much better than they had
been for many years. The opinion was also
expressed that tbo coming winter and spring
would witness still greater Increase in tbo
grocery business.
Charles H. May of Fremont , Neb. , nnd F.
C. Letts of Marshalltown , la. , wcro unan
imously elected to represent the new asso
ciation on the executive committee ot the
National Wholesale Grocers' association ,
which commltteo Is composed of ono repre
sentative from each state. The executive
committee of thij new association held a brief
meeting after the adjournment of the asso
ciation meeting , but transacted no business
of public Interest.
Electric ; ' I
Elctrlc Bitters is a medicine suited for
any eeason. but perhaps moro generally
needed when the languid , exhausted fooling
prevails , when the liver is torpid and slug
gish and the need of a tonic and alterative *
Is felt. A prompt use of this medlolno has
often averted long and perhaps fatal bllous
fevers. No medicine will act more surely
In counteracting and freeing the system
from tht malarial poslon. Headache. In
digestion , Constipation , Dizziness yield to
Klcctrlc Hitters. 50c and U.OO per bottle at
Kuhn & Co. . Drug Store.
Sam'l Hums Is selling a white and gold
toilet set , ten pieces , for $3.
Black Hills potatoes , very , very fine. Buf-
fett's. 14th & Harnoy.
CcliliriitiCentum liny.
There will boa celebration of Gorman
day this evening nt Gcrmanla hall. It has
been arranged by the German-American
TransmlsslfslppI association , assisted by the
Orpheus Singing society and the Apollo
55lthor club. The program Includes vocal and
Instrumental music , a one-act comedy , and
will bo followed by a dance of twenty num
bers.
CiiKlilor Sliy Ten Holla rx.
nattier a simple sliort-clmnBe trick wna
operated upon tbo Adams Kxprcsi company
yesterday which loft their accounts J10 out
of balance. A stranger entered the olllcn
nnd requested the favor of having n $10 bill
changed for two lives. This wns done nnd
the strnncier , nfter a moment'H hesitation ,
asked If the ofllco could give him $20 for
the two lives anj another ton. When these
wore produced the man carelessly pocketed
the twenty nnd the two lives ) nnd disap
peared , When the Intricacies ot the trans-
notion had resolved ttiomsolve In the rnlnd )
of the cashier ho discovered that the two
15 bills wcro hla Just duo and go notlllcd the
police.
lc u Conductor.
Will Palmer was nrrcatcd on a warrant
yesterday for an alleged assault upon B.
A. Chnppell , n street car conduetor , whleh
occurred last week. It l Btatod that the-
maii hntl been disorderly nnd Chappell had
just succeeded In ejecting- him from the
rnr. As Chaproll turned to board the car
It Is alleged that Palmer struck him on the
head with a pair of lira.sa knuckles , ren
dering him unconscious.
Wiuitfd Aero * * tliu Jtlvcr.
Kelson Allen la held ns a fugitive from
Justice by the authorities for working a
deal In Council Dluffs yesterday by which
James Donovan cnmo out $10 short. Alien
represented that ho wn n Pullman porter
and would conduct Donovan to the Pucltlc
coast for Hint amount.
i.oc.u , iiiivrriis.
Fire caused from a defective flue broke
out In the resldctKO of Harrison Vauchraan.
2725 Cess street , yesterday noon , and a small
amount ot damage rer.ulted.
On > the evening of October 18 Nebraska
lodge No. 351 , Independent Order of
B'nal B'rlth , will give a dance
In Myrtle hall , to which members nnd friends
will bo 'invited. ' Thla will be the society's
first dance of the season and preparations
are being made to glvo those in attendance
an enjoyable evening ,
T I HO HU.U.TV .MAItKKT.
INSTRUMENTS placed on file Friday , Oc-
lobcr S , 1H > 7 :
WAHUANTV DKUDS ,
Bridget Swift to Thomas 8.vlft. cV- lot
' . ' , block 21G'i- . Omani . , . $100
C. C. Johnson nnd husband to W. B.
Curtis et at. lots 1 nnd 2 , block 101 ,
Dundee place . , . 4W
Horace Ludlngton and wife to V , H.
Olllinore , unil. if , lot 3 nnd nnd. . c 33
feet lot 4 , block , 1 , Omaha View . 5
F. H. Glllmoro and wlfo to Horace Linl-
Inston. unil ,5 lot 5 nnd und. 4 of w U
feet lot 4 , block 1 , Omaha View . S
Total amount ! t transfers
QT1PKI ) J ? . ffl
MUiIUv & tU.
Offer Special Values in Ladies' Underwear
and Hosiery ,
BARGAINS IN MEN'S ' UNDERWEAR
l'ver > - Ileititrtntcnt In Ilie Store Ite-
ulctc tvlth llonn 1'Mile IliirRnliix lit
the Very Ilcftt ( InnlllleM Olilalu-
nlilc Special for Sitturilny.
LADIES AND CHILDREN'S UNDEHWBAtt.
At 35c
Ladles' lisle vests , regular 50o quality ,
special run , high neck , long sleeves at 35ci 3
for $1.00 ; silk finish , best quality.
EOc per suit
Our Indies' union suU at this price can
not be equalled In the Llty , ecru or natural.
The Florence style or buttoned down front ,
all finished seami , silk trimmed. These ore
special bargains , 60o per suit.
At 76c
Ladles' non-shrinking vests and pants ,
natural , best finish , perfect lit , an extreme
bargain at TCc each.
At $1.00
Ladles' extra fine ribbed merino vests ,
very light or meadtum weight , non-shrink
ing , high neck , short or long sleeves , natural
or white. This Is a special garment for early-
fall wear , superior wool and finish , $1,00
each.
each.Wo have a complete line ot children s fall
underwear , heavy or medium cotton , natural
or ecru , all finished scams , sizes 10 , to 34 , 25e
each.
each.LADIES' AND CHILDREN'S HOSIERY.
At IBc.
Ladles' fine black cotton hose , double sole ,
high spliced heel , auperlor quality , 15c per
pair.At
At 23c.
Ladles' mace soles fast black cotton hose ,
full regular made , double eole , heel nud
too , a real bargain , 25o per pair.
Atj Sue , 3 pair , $1.00.
Ladles fine cotton hose , fall weight , , fost
black , double sole , high spliced heel and
toe. wears splendidly , 35c , 3 pair ? 1.00.
At GOe.
Ladles' light weight f ! " Uack cashmere
hose , merino heel and too , double sole ,
special make for early fall , extra fine finish ,
gives special satisfaction. EOc pair.
12 4c , for children.
Children's heavy ribbed fast black hose ,
double foot and knee , all nlzes C to 10 , only
12V4o per pair.
SPECIAL VALUES IN MEN'S FURNISH
INGS.
MEN'S UNDERWEAR , EOC.
Natural gray fleece lined shirts and draw
ers for fall and winter wear , fine quality
and nicely finished , $1.00 a suit ; extra special
value.
value.MEN'S WOOL UNDERWEAR , $1.00.
Natural wool shirts and drawers , In both
medium and heavy weight , finished seams ,
drawers gussetted , $ li.OO n suit ; excellent
value , i
KELLEY , STIGER & CO. ,
Cor. Farnam and 15th Sts.
I1.VI.I2Y T.VMCS OK SUWKIl CO.VTIl.VCT.
Say * He 1'n Id for the Cement Hint
lie IJHiMl.
John F. Daley , the contractor who built
the sewers on the exposition grounds , the
first sewer built by day's labor while be
was on thu exposition pay roll and the second
built by contract after he bad been laid off ,
enters a protest against being charged with
using cement on the second sewer which bc-
lon'gcd to the exposition , as was stated dur
ing the Gcraldine investigation.
Mr. Daley tells his story as follows :
"When I built the first sewer by day's labor
a quantity of cement was bought and when
tho. work was completed there were nine
sacks left unused. These were stored In
the old brick building on the bluff tract ,
which is used as an office and storeroom by
the exposition people. Afterward , when I
secured the contract for the second sewer
after having been laid off eight days before
I called attention to the fact that this ce
ment was stored on the earthen floor of the'
warehouse and would spoil if not used. I
offered to take the cement off the hands of
the exposition and agreed with John Temple ,
ton , a clerk In the Department of Buildings
and Grouuca , to pay 30 cents per sack for
the cement , which was the market price.
I took the cement and used It and Temple-
ton made a note of It. "
About this same time , Daley says. Engineer
Rails notified him that the manhole of the
sewer on the bluff tract , the first sewer
constructed , was about one and one-halt
feet below grade , the level of the bluff tract
having been raised that much after the man
hole was built. Daley says he took his
team and the necessary brick and mortar
and Kent one of his own employes to build
the manhole higher , the expense being $3.60.
lie says this was charged against the cement
Item. He says that instead of him stealing
the cement the exposition owes him 90 cents
on account ot the transaction.
KXI'OSITIO.V ( JOMMITTKB MHHTS.
Illnlx-Eye View of ( he CrotuiilH IH Sub
mitted.
The executive committee ot the exposition
held a short session yesterday at the
Commercial club rooms and adjounued until
today noon , as some of the members
were unable to remain for the transaction
of business ,
Nothing except routine business was
transacted , the only Incident occurring dur
ing the meeting being the Introduction of
a blrd'seye view of the exposition grounds
drawn by A. J. Austen , an artist representing
an eastern publishing house. The view
depleted the appearance of the grounds as
seen from an elevated point southeast of
the bluff tract , showing the entire grounds
In a most realistic manner , with all the details - >
tails of the buildings and the many other
attractions , The picture was pronounced
most satisfactory and realistic by the mem
bers of the committee.
The work was done under the direction
of the Department of Publicity , authority
bavclng been granted Manager Roscwatcr
several weeks ago to have such a drawing
made.
COMMITTR13 CO.V.SIDKHS HVIDHVGR.
tlie ClinrKeH Miult *
Dldii ( lernldlne.
The Gcraldine Investigating committee mot
at exposition headquarters at 4 o'clock yes
terday afternoon to consider the evidence
taken during the Investigation Into the
charges preferred against Gcraldine , the su
perintendent of construction of the Depart
ment of Buildings and Grounds. The com-
inltteo announced that Its report would i'o
presented first to the executive committee ,
and that the committee could do as it saw
fit with regard to making public the nature
of the report. The members were unable to
stole whether a conclusion would be reached
In timeti > report to the meeting of the execu
tive committee today or not , as It might bo
necessary to ask for further Information on
certain points from the oxecutlvo committee
or from President Wattles , thereby delaying
the report until come tlmo next week.
nircctui-N Meet Xeit Tiu-HiJny ,
A very few of the members of the Board
of Directors of the exposition assembled at
the meeting place yesterday afternoon at the
tlmo for the regular monthly meeting of the
board , and an adjournment was taken until
next Tuesday at 4 p. ra.
Montana .VpnUm for Hinee.
Another state has made formal application
for space ID the exposition , Montana made
application yesterday for l.COO feet In
the Mines and Mining building , reserving the
right to Increase this space to 2,000 feet
between now and January 1
Not a MarUer to Kltiff Ak-Snr-llfii.
City Electrician Schurlg has returned from
St. Louis , where ho saw the parades and
attendant festivities ot the Veiled Prophet.
Ho says ; "None of the features of the
show were comparable with those which dis
tinguished the recent street displays In
Oaiuha , Neither the floats nor costumes
weio aa elaborate or artistic as those which
accompanied the entry of King Ak-Sar-Uon. "
Ho aUo took occasion to Investigate the light
ing and electrical construction ot St. Louis
and found that Omaha was far superior In
both respects. The electrical construction
In this city U much safer and bettor regu
lated and the street * are 100 per cent better
lighted. - H v- ;
T. P. CAHTWnifUIT A CO.
New Style * XcuWeen The Ilcut
Strlcn The llrirt 1'rlecn.
ALL our men's fall and winter shoes are
now ALL In. Never Itefore did that word
ALL slnnd for so much * this fall.
Winter tans 4n all the new shades , shapes ,
styles and fashions ; medium soles , very
heavy soles souio have double solo back to
heel.
heel.Black
Black and tan enamels In bulldog toes ,
London and coin toes , drill or calf lined ,
single or double soled. Quality the beat.
Black box calf , th .i great wet weather
shoe , always soft , Juit the shoo to wear
without rubbers or oventhocs. Wo show the
most complete assortment In Omaha , and
rave you from COc to $1.00 on ovcry pair
you buy.
Black vice kid , double sole , calf lined ,
made with wool cushion Inner sole , nude
for warmth and tender feet.
Wo will be-pleased to show you , It you
will give us a call. WE KNOW we will bo
able to please you In quality , price and
style.
One ot our good things Is our men's box
calf shoe , with the never slip sole , $4.00.
LADIES' SHOES ,
They are all hero now ; the most complete
and varied line of styles In both shoes anil
slippers ever brought to.this city.
Ask to see our new dime , quarter and half-
dollar toes priced at $3.00.
And the kid and patent tip shoes at $2.60
and $3.00.
The wet weather shoo at $4.00 , with cush
ion sole , or cork filled.
Very swell Is our new heavy box calf shoe ,
In golf patterns , at $4.00.
Besides you must see the now winter tans.
There's such a variety of shades and patterns
and prices.
For extremely bon ton affairs wo have Just
opened a shipment of party and full dress
slippers that for cxqulsltcncss of design anil
neatness of fit hnve never been equalled.
Wo never had them so nice before.
SCHOOL SHOES.
With mUscs from $1.25 up and child's at
"Ec and up , wo bring out the most com
pletely assorted line of school shoes In
Omaha. Wo are sure to please you with
our styles and our prices , beciuso wo guar
antee our school shoes to wear. They are
solidly made , the best , In every way , to bo
had.
T. P. CARTWRIGHT & CO , .
IGth and Douglas Sts.
CASR CO.Vn.MJKIl I'XTIl. ' MOXI1AV.
Attorney * , for Hnrtley'H HumlNiiieii A.iU
for Time.
iBeforo the Jury In the case against the
Bartlcy bondsmen was admitted yesterday
Attorney Bartlett submitted authorities on
which ho contended that since there was no
direct allusion In the Hartley bond to the
duties of the sureties , that provision muat
bu supplied by the state law. Ho therefore
contended that a public officer must make an
accounting to the state for his first term before -
fore he entered on Ills second , and that his
bondsmen were justified In relying on the
knowledge that such an accounting had been
made.
Judge Powell sustained the objection of the
state to the offer to show the alleged fact of
an accounting to the governor as releasing
the bondsmen from their obligation. He
said that the law In th/j ! case was not so
much for the protection , of the sureties as for
that of the state. The individual who signed
a bond did so voluntarily and was presumed
to look out for his own Interests. This
might be a bold rule for the sureties , but It
was the evident Intention of the law , .and
the bondsmen had assumed the risk volun
tarily.
General Cowln then asked for time In
which to secure a couple of out of town
witnesses whom ho wished to put on the
stand next but the court decided that the
case must go on.
The first witness called In the morning was
Robert Kilpatrlck of Beat-rice , by whom the
defense attempted to show that Mary Fitz
gerald was menially Incapacitated at the
time she signed Hartley's second bond. The
witness testified -that he had known Mrs.
Fitzgerald for twcnty. yeare and that he had
railed at her house onitho first Wednesday
In January , 1S9E.
The state objected to questions In regard
to any conversation between the witness and
Mrs. Fitzgerald u.t that thno as not material
to the issues raised In the answer of Mrs.
Fitzgerald , and this was followed by a
tedious controversy on the question whether
the answer could bo amended at this time.
It was finally ogrce.l 'that a new answer
should be filed , and the witness was allowed
to proceed on the agreement that the Jury
should bo withdrawn and the evidence read
to the jury later If It was decided to bo com
petent testimony.
The witness testified that on the day in
question Mrs. Fitzgerald was so deeply
stricken with grief that he was unable to
secure Information from her In regard to the
arrangements for her husband's funeral.
His answers were Interrupted by constant
objections from the state , and the evidence
amounted to little more than the. fact that
she was overcome with grief and returned
semi-Irresponsive answers to several re
marks addressed to her by the witness. Just
at the end of his testimony his statement
that Mrs. Fitzgerald was metally unsound at
this time was admitted.
Owing to the court's ruling on the action
of the governor , the attorneys asked for time
to look up authorities , and the case was con
tinued till Monday morning.
Disfigurement for life by burns or scalds
may be avoided by using Do Witt's Witch
Hazel Salve , the great remedy for piles and
for all kinds of sores and skin troubles.
Best moats , lowest prices , at Henry
Schnauber's new market , 2003 Cumlng street.
Caril of TIiniiKN.
We desire to express our thanks and appre
ciation for the kindness and sympathy shown
by Chief Rodell and fire department , A. O.
U. W. . A. O. II. , neighbors and friends at
the death of our husband and father , John
4. Fltzpatrl'ik.
MRS. LIZZIE FITZPATR1CK AND
FAMILY.
Said to He n Fraud.
A man representing himself an the head
of an aid1 society , formed to collect funds
for the1 family of. the late Lieutenant Fltz-
patrlck of the fire department , linn been vls-
itlnp ; numerous merchants of the olty , solic
iting1 money. Chief Redell Investigated the
mutter and flml.s that this man la n fraud.
All benevolent Inclined Individuals arc
warned to shun him us
Union
"The Overland Limited. "
The most SUPERBLY EQUIPPED
train west of MUsouri River.
Twelve hours quicker than any other train
to Pacific Coast.
Call at Tlcknt Office. .1302 Farnam St.
I'KIISO.VAI. IMJIAGIIAI'IIS.
R. Harris went to St. Louis last night.
J. It. Llndblom left for Denver yesterday
afternoon.
J. II. MacColl of Lexington spent yesterday
In the city.
L , A. Horn of Onelda , N. Y. , is stopping
at the Barker.
James H. Sullivan of Baltimore Is stop
ping at tlio Barker ,
Mrs. William Allen 'left yesterday for a
visit to Kearney , Neb.
James Thatcher and 'wife of Norfolk are
stopping at the Barker.
Mrs. A. Dai low departed last night to
visit friends In Chicago.
S. Kurtz of Aurora , .Neb. , Is visiting In
the city on his way to Chicago ,
John J. Trompen , sheriff of Lancaster
county , Is stopping at tbo Barker.
T. J , Foley , superintendent of the Omaha
& Republican Valley railroad , Is vlbltlng In
the city.
Mayor W. S. Bourne , Coroner L. F. Nel
son , Sheriff Llnd Nelson and J. C. Emery
are prominent Beatrice- arrivals stopping at
tbo Barker ,
Dr. J , E. Mann , accompanied by Mrs.
Mann , will leave for Louisville , Ky. , Octo
ber 25 , where the doctor has accepted the
chulr of eye , ear , nose and throat in the
Southwestern Homeopathic Medical college.
At the MlllarJ : Oliver 'Ames ' , Boston ; J.
S. French , Cincinnati ; W. II , Murphy , Grand
Rapids ; J. W. Taylor , Lincoln ; A. Humphrey ,
Lincoln ; H. Carr , Boston ; Charlra E. Hub-
bird , Boston ; E. G. Hoys , Now York ; W. F.
Waltera , Now York ; C. W. Marks , Chicago ;
H , H. Curls , Fort Atkinson ; G , H. Ide , Den
ver ; A. W. Gates , Kalamazoo ; J. G. Van
Patten , Davenport ; M , A. Mlblll , Chicago ;
E. D. Concanuan. St. Louis ; C. E. Tebbetts ,
Beatrice ; W , R. Benedick , Chicago ; William
Andrews and wife , MarBualltown ; T. J.
Ooolldgc , 'Bostoo. '
Yesterday nftemoon City Engineer Bcal
ordered Frank Plvonkn. to stop work on the
building he Is erecting across the alley from
the South Omaha National bank. Plvonka
took out a permit for a brick structure ami
announced at that time that he would put
up a brick building. When the city engineer
vlsl'ed the place yesterday afternoon he
found that the building was of frame with
a veneer of brick. The building ordinance
calls for a twelve-Inch wall In the case ot
brick buildings. Plvonka was putting In only
a four-Inch brick wall , and this Mr. Bcal
considered dangerous. Plvonka wanted to
put up a galvanized Iron building , but could
not do so on account of the building ordi
nance. An attempt wso marie by certain
members of the cmincll and the mayor to
have the ordinance so amended rnd modified
that It would not fntcrfero with Plvonka's
plans , Some of the councllmen opposed It
and It was Impossible 'to obtain a quorum
when n special meeting was called for the
purpose. Plvonka tired ot tbo delay and
procured n permit for a brick structure. Just
where the matter will end Is a question.
Illlihthrrla IK Keared ,
Physicians report quite a number of cases
of diphtheria and several deaths have oc
curred within the last few weeks from thu
disease. Sere throat Is prevalent and parents
of school children are becoming alarmed. In
the First ward parents are keeping their
young children out of tchool for fear of con
tagion , At the Lincoln school a number
of cases of diphtheria have developed and
any number of the pupils have bocci com
plaining of sere throat. There Is some com
plaint that the chot > 1 bo.ird authorities arU
not looking after the matter as they should ,
In that they permit children who are threat-
cncd with diphtheria to attend school. In
the past there has been some trouble In hav
ing contagious disease signs tacked on hduses
where It was necessary to wain persons
away. The signa arc being properly placed
now as the authorities arc evidently realiz
ing the gravity ot the situation.
Clt.v C < INN | ( | .
Albert Nee left last night for Cheyenne on
business.
Miss Jennlo Corval of Alliance Is In the
city visiting friends.
Captain William Kelly and wife have .re
turned from n trip to Iowa.
Ed Hatcher has returned from Kansas ,
where he spent his vacation.
J. II. Butler. Crescent , la. , was a business
visitor In the cl'.y ye&terday.
Joe Murphy , Armour's cattle buyer , has
returned from a trip to Chicago.
Everyone must register this fall. The first
day of registration Is on October 14.
Quite a di'iogatlcn from this city went
out to the races yesterday afternoon.
Charles Wcston of 'Hay ' Springs was here
yesterday , the gues' of L. J. Simmons.
C. C. Clifton has returned from Wlsner.
whcro ho went to look alter business mat
ters.
ters.A
A permanent sidewalk Is being laid In
front of the Singer block , Twenty-fourth and
N streets ,
The funeral of Josephine Foley , .Albright ,
wjs held yesterday. Death was caused by
diphtheria.
A motor train ran over and killed a fine
greyhound on Twenty-fourth street yester
day afternoon.
i.\ permit has been Issued to P. II. Klger
for a frame residence at Seventeenth and
Midlsan streets.
It was ctatc ; ! yesterday that over S.OOO.OuO
brick will be used In the eight buildings un
the Armour site.
Cuddlngton & WIIcox are building an oHkc
and Urge coal sheds on Twenty-eighth street
near Iho B. & M. freight depot.
Harry L. Dennis has taken out a permit
for the erection ot a $1,200 residence on
Twenty-third qtrcct between G and H streets.
The Good Templars have Instructed Huv.
J. O. Staples , Burton Rice and E. Rowland
Smith , delegates to the grand lodge , which
meets at Lincoln October 13 , to use all honor
able means to secure the'DS session for
South Omaha.
The young son ot Councilman and Mrs.
W , B. Vansant , Twenty-fourth and F streets ,
is seriously ill with diphtheria. For several
days the child suffered with sore throat ,
which quickly turned Into diphtheria , and it
is feared that the result may bo serious.
The Missouri avenue sewer is completed
to Seventeenth street. Yesterday the city
engineer set the stakes from Seventeenth to
Twentieth streets. A Junction Is made In
this sewer every twenty-two feet. Tlic work
will to completed before cold weather
seta in.
HIS JL'ltlSmCTIO.V ' < lUKSTI ( > Mi > .
.Seotl'N I'oxKloit AKMilIeil liy
Ilerilmini's Attorneys.
The court room In The Heo building , over
which Judge Scott presides , was crowded
with attorneys and Interested spectators yes
terday afternoon to hear the trial of R. E.
L. Hcrdman on the charge of contempt of
court In voting against the resolution which
was passed October 1 by the Board of Flic
and Police Commissioners relative to the
dismissal of W. W. Cox from the police
force. This Is the resolution which was
passed In pursuance of the order of the court
and by which the resolution passed at the
previous meeting , by which a number of
officers were dismissed from the force , was
resolmleJ so far as It applied to Cox. Tue
entire afternoon was occupied1 with the case ,
which was then adjourned to Tuesday at 2
o'clock , when Mr. Herdman's attorneys will
be given an opportunity to present some au
thorities In support ot their position.
Mr. Hcrdman was represented by Attor
neys Reed and Gurley and the former tub-
mltted the answer to the charges. Hcrdman
practically stood pat and the answer con
tained no apology for his course. On the
other hand , It plainly stated that the court
had no jurisdiction In thu matter and that
the restraining order by which thu Board ot
F'Ire and Police Commissioners was enjoined
from discharging Cox was Invalid In Itself.
The ansucr detailed the facts relative to
the meeting of the board with the city coun
cil and other municipal departments to con
fer In regard to the deficit In the city
finances and cited the minority report of the
council finance committee , in which the ne
cessity of curUillng expenses in the police
and other departments was emphasized. It
was urged that -tho restraining order en
joined the board from dismissing Cox upon
charges already filed , or any "false or friv
olous" charges , but did not pretend to pre
vent it from making a reduction in the force
for such reason as the lack of funds , U
also alleged tint Commissioner Hcrdman
had voted ugalnst the resolution "In the due
and legal cxercUu of his official discretion , In
which no was not subject to the > court , " that
the court had no authority to Issue the re
straining onlcr anyway , and that the order
Itself was Invalid on account of the fact that
its terms wcro "vague and uncertain. "
The court commented at some length on
the questions raised In the answer and his
remarks Indicated that they wcro not likely
to find favor. He read section 109 of the
charter , which states that no officer should
bo employed or discharged for political rea
sons , and also that no member of 'the ' police
or fire department should bo discharged ex
cept upon charges filed and o subsequent
hearing and conviction. Ho assumed that
Cox was discharged because he was o re
publican , and intimated that the board had
hatched up the explanation of a deficit In
tlio fund us a mere pretext with which to
evade the order of the court. 'He eald that
bo was also Informed that In voting Hard-
man had remarked that he "didn't propose
to be bulldozed by Judge Scott's court or
any other d d court. " If this proved to be
true ho proposed to find out what ought to
bu done and to do It.
Judge Scott further declared that It was
none of Hcrdman'g business whether the
order was legal or Illegal. It was his busi
ness to obey It , and to do otberwlso was an
archy , pure and elmple. He stated that the
answer contained no denial of any fact that
was alleged in the Information- The next
thing the Board of Fire and Police Commis
sioners would bo Issuing Injunctions on the
courts. It wan this thing that was the mat
ter with Iho country , The men whom the
people put Into ollico became bigger than
the people who put them there. He com
mented satirically on a number of quota
tions from thu answer and then announced
that he was ready to bear tbo evidence.
The testimony consisted mostly. o the
Dec Del 8
, , , p.
Saturday evening at 10 o'clock wo bid the old store
good bye. From that hour until seven o'clock Mon
day morning every man in The Nebraska will get a
chance to contest with the champion clothing carriers
of the world , whom we have engaged to help us move.
At the 'usual hour Monday morning you will find us
ready to receive yourself or your money at the new
corner Farnam and Fifteenth. If you should find
things a little upset to commence with.just pitch in and
help us straighten and if we are all too busy to wait
on you , just help yourself. That's one beauty of trad
ing at The Nebraska. You can ulways wait on your
self. All you have to do is to pick up anything you
want and look at the price ticket. If you feel like
paying more than it's marked for anything , remember
that eggs are four dollars apiece in Klondike , but you
can get a very fair ego ; in Omaha for about one cent.
The price depends on the place. The Nebraska is the
place ,
ons ,
-SOLE AtJKN'IS 1'OK-
THE
GENUINE
STOVES. STOVES.
1
THE STAR , BARLER'S IDEAL
AND
RELIABLE OIL HEATERS.
THE PENINSULAR STOVE ' COMPANY
DETROIT CHICAGO -BUFPALO---
A. FAIR FACE CANNOT ATONE FOR AN
UNTIDY HOUSE. " USE
STOMACH TUBE
The above cut shows a tube which Is used
for washing out the Rtomach. This hould
bo used unly upon advice of physician. Wo
sell a first-class family tsyrlnsu for 50c.
Wrlto for catalogue.
1 W
111'
t >
ir.i.'t si. , Omiiliii ,
records of the board and other documcnlH
bearing on the transaction , which Imvo pre
viously hern made pul'llc. Cleric Wcuhsne
and Commissioner Pcabody wcro called for
the purpose of showing that Herdman had
made the remark that had been attributed
to him by the court , but both denied that
they had heard him toy anything deroga
tory to the court or Its order.
Arnold's liromo Celery cures hcadacbci.
lOc , 25o and COc All drugging.
Where In CJet I.o rr
If you are solus to New York ask for
tickets over the Pan Handle Itouto of the
Pennsylvania Linen the Lower Karo Lino'
from Chicago , Ticket agenta of connecting
railways In the west will ell them. ThroiiKh
trains depart from Chicago l/nlon Station over
this route at 10:30 : a. in. and li p , in. Kor
special Information inldrcts H. It. Uorlug ,
Assistant General Pus-rngcr Agent , - , > s South
Clark St. , Chicago.
Ill Hl.l.VfJTO.N
95.SO to ICaiimiu Olty unit Ilclurit
October 3 to 0. Trains leave Omaha 8:05 :
o. in. and 10 i > . w. Chair , ( sleeping and
dining c&ra. Q t tickets at 1002 Farnam at.
Today wo show now Hateon pcttlconts at
JI.Sj , ; whleh jieoplo loll UH nro not cauallcd
nnyivhoru iniikr $1.73.
" 'Near Slllt" i'utllcoatx lit $2.BO that will
wnur much lieuer trmn taffeta slllc at J10.
.Mui-ccn 1'ettlcoatH at $2.00 ns good as us
ually sold ut $3.t .
Misses' Jackets
30 , 12 , II year sizes , at JO.OO nothing an
good anywhere Iptta than 53 to $9 ,
Ladies' Cloaks
Dost nt.Hor iiii'nt of good cloaks In Omaha
will bo jilouBod to Miow them utid tell the
prices , U'D know 'hoy ' are low.
low.LD
CLOAK & SUIT GO.
1510 DOl'CJLAS STI'.ISET.
Chronic Diseases R
E
In casoij not readily cured by I i
Iho fninlly jiliysldup , u bhort
courfta of troutmont ut thn
C H1IMKD MKIMCAL INSTITUTE
a innv'Ivo ( you quicik rollof ,
HI MX'l.LTJI2S ; O'uttiiTti
find ( ill cin-iiblu dlbitbOH ( ! of inoi :
3 nnd woman , SpocjliUiats in
I'tic'li dopiirtnicnt Tsl , 1138.
Cuiisultiitloti I'rcc ,
SHtPARD MEDICAL INSTITUTE
ttl-niMU N. Y. I.\tt \ nidir , T l. JIS1. I
ODD DQDDD DDDd