THE 01MATTA DAILY 151810 : 1S0
m
SMYTH'S ' DELAY SAVES Hill
Joe Knitloy Should Now Eo in the State
; Pcnitentinrji
s ' _ _ _
ATTORNEY GENERAL HOLDS BACK PAPERS
JfK ct In Aft nn tlic 11111 "f
i\eepllonx anil I'lilliiri- OITcr
u \eeileil Motion Do
I lieWork. .
l.-lN'r'OLN' , Oct. IS. fSpoclal. ) The su
preme court has received criticism from
some quartern for the delay In the trial of
the L'artley embezzlement cane , hut nn In
vestigation provea thnt the responsibility Is
entirely with the attorney general , and that
If It had not been for his neglect the cane
inlght have been heard at the last sitting of
the court. The records nhoiv thut Hartley's
attorneys served their bill of exceptions on
the attorney general on the fith day of
August. Section 482 , Criminal Code , pro
vides that In such canon the hill of excep
tions shall bu returned within ten days by
L , the attorney for the state , with such amend-
y , incuts ns he may desire to offer. Then the
nttorncy for thu party desiring to take up
the case has ten. day.i to propose or state his
objections to the amendments offered , after
which the bill of exceptions must bo sub
mitted within live days to the district Judge
1 before whom the case was tried for scttlc-
; ' ment and allowance.
1 Instead of returning the bill of exceptions
within ten days , as provided In the code , the
j attorney general kept It thirty-four days and
] returned It to Hartley's attorneys on the 8th
lay of September , the same day that he
eorvcd notice that ho would apply to the su-
prcmo court to dismiss the petition in error
because there were no briefs on file. Ily his
( civil act the attorney general had made It
j Impossible for Hartley's attorneys to have
1 trlefs < n flic , so that the motion to dismiss
, * vas useless , and was evidently made so that
fie newspapers could report the diligent ef
forts of the attorney general to get Hartley
Into the penitentiary.
When the motion for dismissal was inado
T J , Mnlioivey , one of Hartley's attorneys ,
Illcd the following affidavit , which left the
supreme court no other course to pursue
than to continue the case :
T. J. Mahoncy being llrsV duly sworn , de-
imscs aii'l says that hiIs one of the attor
neys for the plnlntllt In error In the caiuw
of JOB. pli S. Hartley , plaintiff In error ,
against the State of Nebraska , defendant
In error. ,
Thnt throughout the trial of paid cau.ic In
' ,1 111" dlstilet court , alllant was one of the at
torneys of plaintiff In error , who was de
fendant during said trial.
| Thut on the fith day of August ist7 : , coun-
. ' Bel for iplalntlff In error having proposed a
of exceptions In said cause , alllant per
sonally caused said bill of exceptions to be
served upon the attorney general of the
Htiitc of N'clirns-ka and the eouivy attorney
of Douglas county. Tint ser.vlce of mill ! bill
of exceptions was .acknowledged by the
county attorney and by the attorney gen
eral , each acting by his deputy , who I'-in
appeared for the state In the trial of s-ild
cause. Tha- wild bill of exceptions remained
In the bunds or the attorney general av.d
the county attorney until late In the after
noon of tinSth day of September , 1M > 7 , at
"which " time II was returned by the conn.y
attorney of Douglas county lo alllant. Tha.
( in the morning of Sr-ptemb r 8 1S ! 7 , We nt-
triney general served upon alllant a copy
of the motion tiled , or to lie Hied , In the su-
pn-mu court to dismiss the petition In error
Jieroln. and at the time of serving said no-
tire unori alllant by the attorney general
the s.ild bill of excerptions had not been re-
turnid by ( Itlier the attorney general or the
county attorney of Dotmlas eoun.y to either
of counsels for .plaintiff . In ctror. That the
nttorncy general personally knew at the
time of ervlng said notice1 on alllant tiiat
Bald bill of exceptions had not then been re
turned , nivl said attorney -general at the
time of so serving wild notice upon alllant ,
HtrtPil to alllant that fie county attorney
was then preparing an amendment to wild
bill of exceptions , and that said bill of ox-
, coptlons would be returned to counsel for
I Iilnlnttrf In error during said day.
I And further , afllant snlth not.
> , T. J. \HONRY. .
: ' ( Subscribed In my presence and tr.vorn to
- ' " l ) fore me this 15th day of September , A. D. ,
1S97
( Seal ) FIIANK U13LLRR.
Notary Public.
It Is now being strongly Intimated that the
attorney general does not desire any move
to bo made In the case until after election ,
nnd that ho could now. If ho would , file a
motion with the supreme court to vacate the
order suspending the sentence of Hartley on
the ground of failure to furnish the required
ball , and that such a motion would be sus
tain oil and Hartley bo landed In the peniten
tiary In ehort order.
F011M OF TIIR BALLOT.
The secretary of state has decli'n ; 1 upon
the form of the ballot he will Ecnd out as
n sample to the county clerks. The repub
lican ticket will occupy the first column , the
peoplo's Independent , democrat , fillvar re
publican prohibition and "by petition" fol
lowing In the order named. The law provides
that the party casting the largest vote for
the state ticket at the lust general election
shall have the first place on the ballot , and
BO far as could ho determined ( he republican
party was found to have cast the largest
vote , being almost equal to the vote cast by
the fusion of all the silver forces lust year.
The secretary of * > tate sayo that in popul'st '
counties the law Is liable to bo construed
differently and the populist ticket be given
the first place on the ballot.
The Hoard of Educational Lands and Funds
has Just Issued nn order to the state treas
urer to Invest nn additional ? 7f > .000 of the
Bchool fund In warrants and bonds.
W. II. Llddlard , I'addy Starr , Lone Dog ,
Mria. Door and Ida Whlto Kycs , who were
hero from 1'lne Hldgc as witnesses in the
federal court , returned homo today.
EIllo Vourcc , the llttlo colored girl who
committed an assault on Mrs , Coates some
weukti ago. was today taken to the reform
school a' ' Geneva.
Mrs. Isabcllo George , through her attorney ,
has brought a claim against the city for
15,000 damages , caused by Injury on a de
fective sidewalk.
Augustlno G. Chapman and Miss Mnudo
Triplett were married yesterday afternoon
in the presence of a few friends. Mr. Chap-
nun Is one. of tlio most popular null men
In the Lincoln postal service and his bride
la well liked by her many friends.
Good republican meetings wort * held at the
Mcllck and Walton school houses last night.
The principal speakers wcro 1'aul ( Mirk , Con-
Kresbinjn Strode and Judge Hall.
A young man named \VI11 Myorn was sind-
bagged At tlic corner of Klovcnth and L
Merc ! * last night. The assailants were evi
dently frightened nway after knocking him
down , for they made no attempt to rob him.
Letta Gamble , living at 2030 II street , re-
t.ortcd to the police th.it die had been crimi
nally assaulted by a m.in this morning. Her
story was that ad she went out to the coal
house the mnn grabbed her and stuffed her
apron In her mouth so she could not make an
outcry. He then put some chloroform to her
nose , and while she was unconscious , accom
plished his purpose. She thinks William Wol.
cott. her divorced husband , Is the nun. The
police arc looking for him.
The Catholics of the city met early today
to colcbiMte St. Theresa's day at the pro-
cathedral. At S o'clock there was a long
procession of school children , followed by the
candidates for confirmation , and the clergy
men who were to officiate at the mass. The
class consisted of thirty children. The school
\\as dismissed In honor of the day.
Omaha people at the hotels : At the Lin-
dell W. It. Jones , Nora H. Lemon. At the
Lincoln H. H. Hoblson. W. H. Wheeler , D.
It. McAvoy , J. W. Kcogh , W. S. Jesstip , J.
0. Tyrrell , K. F. Jordan.
DISCUSSION o"p SCHOOL MATTKHS.
SiilierliiteiidentN nml l'rlticlinln | In
SfNMllltl lit MnC-ltlll.
LINCOLN , Oct. 10. ( Special Telegram. )
The annual meeting of the Association of
.Superintendents and Principals of Grade
Schools has been In session here today with
a fair attendance. The meeting was called
lo order this forenoon by President Miller of
Fremont. The discussion was on "Tho Hcla-
tlon of the Grades to the Practical Demands
of the Community. "
In the afternoon the discussion opened on
"Tho Relation of the Nebraska Schools to
the Transmtsslsslppl Exposition. " The prin
cipal speaker was ' .Mrs. Frances M. Ford of
Omaha. Robert J. Harr of Grand Island and
A. II. Hlgelow of Falls Oily spoke on the
same subject.
The program for the remainder of the
afternoon , as carried out , was : "Relation of
the High School to the Practical Demands of
.tho Community , " Hon. A. W. Field , Chan
cellor G. 13. MacLoan and Superintendent E.
N. llrown , all of Lincoln ; "What Knowledge
of Practical Value to the Average Teacher
JIas Ileen Developed by Modern Child
Study ? " Prof. 0. W. A. Lucky of Lincoln ,
Superintendent G. F. Hurkctt of Schuyler
and Prof. W. A. Clark of Peru ; "Shall Pupils
He Permitted to Klect Their Studies In the
.IHgli School ? " Superintendent O. H. Ilraln-
ard of Heatrice , J. W. Crabtrec of Lincoln
land Superintendent W. L. Stephens of Folr-
, bury.
This evening the meeting was held at the
senate chamber. Superintendent J. C. Hlsey
of Council Hluffs used the larger share of
the time In speaking of arithmetic work ,
, uslng a phonograph to make part of his Il
lustrations. The meeting will convene again
tomorrow morning.
STOCKISIIOWHIIS" A IMIOTHST.
Oppose tin * ChniiKiIn ( InIliiMlH of the
Slil | > iilnur Itntc * .
ALLIANCE. Neb. , Oct. 15. ( Special. ) The
Western Nebraska Stock Growers' associa
tion , of which A. S. Reed of this city Is
president and J. R. Van Dosklrk Is secretary ,
met here this week and adopted strong reso
lutions opposing the change In the basis of
rates for shipping live stock. The associa
tion represents over 23,000 head of cattle
and Its membership covers the entire western
part of Nebraska. The resolutions arc as
follows :
Whereas , The rate for shipping live
stock ban heretofore been ruled by the
carload , while Mince August 10 , M7. wild
rate was changed from carload lots to the.
rate per 100 pounds ,
This association questions the justice of
establishing rates In this way , not but
that It would tend to remedy some of the
evils existing , but that on account of the
delay necessitated In getting weights thnt
live Htook 1 held in the railroad yards at
South Omaha from one to three hours ,
which Is a great damage to the shipper.
Also that the rnto now established Is
exorbitant and unjust , for example : An
ordinary car of e.ittle , say twenty-seven
head of 1,000-pound steers , shipped from
Alliance. Neb. , under the new rate , will
cost $72.40 , while under the old rate It
would cost J57 , nn Increased ( .barge of
$ ! Ti per car.
This we claim Is exorbitant and unjust ,
and for the rcasions , an above stated , we
would osk a re-cstabllshment of the old
rate.
VISITINO SllIU > iitS AT FHHMOXT.
Are OlviMi 1'oN-o'Nnloii , | nf tlie Clly for
Otic Mvrulnir.
FREMONT , Neb. , Oct. 15. ( Special Tele
gram. ) This has been a greut day for the
Shrlncrs of Fremont and vicinity. A large
delegation of the nobles arrived here en the
fast mall this afternoon , accompanied by
Iho Twenty-second Infantry band of Fort
Crook. They were met at the station by the
Fremont Shrlncrs and escorted to their ho-
lelt ; flnd given the town.
At 7 o'clock this evening there was n
parade. Music was furnished by the Twenty-
second Infantry band , followed by a band
of Arabs escorting the Shrlners , who wore
dress suits and the usual red fez. Then
came floats emblematical of the order and
i the "Camel of the Desert , " escorted by the
j proper potentates , After the parade the
band gave a fine concert In the opera house ,
which was packed. At the meeting of the
Shrlners which followed a goodly , number of
Fremonters and others crossed the burning
sands of the desert and vowed allegiance to
the faithful. An elaborate banquet was
served later In the evening.
foliit I ] * 1 > ! iti' on Moiity Question.
LINCOLN.Oct. . . 15. ( Special Telegram. )
The Joint debate on the money question by
George A. Adams and G. W. Ilergo was held
at the Lansing theater this evening under
the auspices of the Young Men's Christian
association. The house was crowded to the
doors and there was much enthusiasm on
both sides. The arguments were very much
thu same as thcs ? used latt fall except that
Mr. Adams called special attention to tbo
prosperity of the country and tha fulfillment
of the republican pledges , much to the dis
comfiture of the silvcrllcs.
Ti-ii llii > for Slcilllntr.
NIOBRARA. Nob. , Oct. ID. ( Special. ) A
young man named Samuel Pilchard , recently
from Flllmore county , was brought to town
yesterday charged with stealing a gun valued
at { 28 and some other small pltferlngs , Judge
Chambers sent him up for ten days.
f For Tea Drinkers.
The Ten from Japan is the ! > esl of nil
that's the principal fact.
"fnvigoratfs in the * morning ami refreshes at night"
delicious always.
Japanese climate ami soil are best suited for * ea
culture the reason for it.
The Japanese improved process insures purity
and retains flavor - another reason.
Every pound of Japan Tea is critically inspected
by the Japanese Government
still another reason.
Keep free from moisture in tightly closed tin caner
or s/uss jar very necessary.
Tea should never be steeped. Use fresh boiling
water remember this.
Good grocers sell Japan Tea
-accept no other.
I ! * *
[ <
ANSWER TO SHIPMKVS BILL
Attorney General Filo3 His Plea in tbo
Stock Yards O.uo.
DENIES MANY OF PLAINTIFF'S ' ASSERTIONS
nlNtN thnt tinVnllio of tlu *
In OverHliilril Mini that the
HllMlien * Done IN \ < > t
CIIIIIIIHTCO.
LINCOLN , Oct. 16. ( Special. ) Attorney
General Smyth has filed with the federal
court an answer In the stock yards case ,
being a plea in abatement to part nml an
answer to the balance of the complaint.
In the plea the attorney general , who Is
made a party defendant In the case , says
that "It Is not true that this suit Is not
brought by collusion with the stock yards
company or Its officers to confer on the
United States court Jurisdiction , " but on the
other hand this defcndjnt ( Smyth ) alleges to
be the truth thai "tho president and gen
eral manager of the company were during
the greater part of January , 1'cbruary and
March , 1S97 , at the capital of the state using
every means which they could command to
Induce the legislature of the state cot to
.pass tlio act , a copy of which is attached to
the bill. " It Is also set forth that the olllccrs
of the company tried to Induce the governor
to veto the bill , and that after It had been
signed the officers had made many statements
to the effect that Its provisions would never
bo enforced. The plaintiff , Qrecnleaf AV.
Simpson , and the defendant stock yards
company are further charged with fraud and
collusion In the proceedings whereby the suit
was brought In the federal court.
In the second paragraph the defendant dc-
jiles that the defendant company would , If
not restrained , submit to thu provisions of
the act or atiy part thereof , and alleges thJt
"as between the plaintiff , Simpson , and the
defendant company It is a friendly suit by
which the company seeks to transfer Its con
troversy from the legislature , where it was
beaten , to your honors and to the court. "
In the latter part of the answer the attor
ney general denies that the plaintiff , Simp
son , Is a resident of the state of Massa
chusetts , and that the Interest of the plaintiff
Is worth $2,000 , exclusive of costs. Ho ad-
jnits that the defendant company transferred
to Fowler Urothcrs 1,000 shares. Swift and
.Company 1,000 shares and Armour & Co ,
1,500 shares , all free of cost.
DENIES ESTIMATE OP VALUE.
The answer denies the seventh paragraph
of the bill , which appears In the following
words : "The said yards , counting the value
of the lands and the said works , are now
worth more than $6,000,000 ; twice that sum
expended would not replace Its plant and
secure the business which It enjoys. "
The answer further says that the railroad
companies haul a great deal of stock to and
from the yards , and that It is greatly to
the interest of the railroad companies to he
connected with the yards , and that the said
connections were made because they were
a source of great profit to the railroad com
panies. The answer denies that the de
fendant compeeiy has by due process In
creased Us capital to $6,000,000. It Is ad
mitted that the lands now occupied by thu
city of South Omaha wcro before the lo
cation of the yards used for agricultural
purposes , and that since that time the city
has been built , but the claim that South
Omaha has a population of 12,000 is denied ,
as i.3 also .the statement that lauds In the
city adjoining the yards are worth $20.000
an acre. The claims that the company Is
a private company doing a private busi
ness , end that the company , equal with the
railroads , is engaged In Interstate commerce ,
are clso denied.
The denial Is made that the act passed
by the legislature Interferes with Interstate
commerce , and deprives the defendant com
pany of Its property without compensation.
It denies the allegation that the act limits
the charges below a reasonable rate , and
says that the answering defendant has no
means of knowing what would have been
the revenue of the company during the years
1S93 and 1S9C had the rates In the act been
In force , and asks that the company be put
upon Its proof on these points.
The nttorncy general , In the answer , says
ho does not know what he would do in thi !
event said compcny and Its officers refused
to obey the provisions of the act , and that
"ho did not have at the time said bill was
filed , nor has he now any opinion with re
spect to what his conduct would be In rc-
cpect to the contingency referred to. "
The answer admits that there are stock
yards at Nebraska City , a point about
seventy miles south of Omaha , but siys
that said yards are inconsiderable , and deal
'n ' hogs only , and that the amount of hogs
purchased each year Is very small , and has
little Influence on the prices paid by the
South Omaha yards.
NOT INTERSTATE COMMERCE.
The claim is made that stock shipped
from other states and territories Is consigned
to some person at the yards , and that as
soon as It Is delivered the contract with the
railroad companies Is completed and the
stock becomes a part of the common mass cf
property of the state of Nebraska , and there
after is no part of , or In any way connected
with. Interstate commerce ; that such stock
delivered by the railroad companies at the
yards nivl again taken up and trpnsferred
to Chicago Is delivered to said yards for the
purpose of sale , nml that the yardage and
feeding charges have no connection with the
shipment or with Interstate commerce. For
this reason It Is alleged In the answer that
the business done 'by ' the company with re
spect to the stock originating outside the
state , or originating In the state destined to
points outside the state , is entirely local In
Its nature and Is subject to the regulations
of the state of Nebraska.
The answer admits that the yards have
cost a largo sum of money and do a largo
volume of business , but says that the busl-
ntss done would not warrant the construc
tion of other yards In competition therewith ,
and that any person doing business of that
nature must do It through these yards and
pay the charges fixed by the defendant com
pany unless the provisions of the leglslotlve
act are enforced ; and that the company Is a
vlrlual monopoly. The allegation Is also
made that the company without authority
and without receiving any compensation
therefor Issued to Its stockholders 2 ,939
shares of Its capital atock. and that notwlth-
ftanding such Usue the stock sold up op. , the
market at $175 per share , or at a premium of
$7C a share , and' that this high price of the
shares Is due to the unreasonable rates
charged by the cunpany.
T.UCK THU ilAT i > IX FIKMI HIS I.UXCJ.
SeenilI OpiTlltlcni mi tin * IliiKtlnuN Hey
SlnlilH'il Ity "IN M-llu'lirl. .
HASTINGS , Nfb , . 0 = t. 15 , ( Special Tele-
gram. ) Herbert Crow , the young man who
was stabbed by his sweetheart , who used a
hat pin for a weapon , was compelled to bo
again operated upon this morning. Ho felt
a severe pain near hU left lung , and It
finally became so severe that he could hardly
breathe. Ho was taken to a physician's of-
11 co and an operation was performed. The
steel pin was soon located In his left lung.
A surgical instrument was Intoned which
fastened onto the pin , which was s.oii re
moved. The piece of steel measured Just
four Inches.
Senator Allen Will Sieul.- | .
WAIIOO. Neb. . Oct. 15. ( Special. ) Sen-
atop Allen hag promised to address the pop
ulists of thU city on Monday , October 25 , It
U Intended to make the occasion a general
rally for all the fu-lonlsts of SamJers coun
ty. I/oeal leaders of the party hope to se
cure the presence of Governor Holcomb for
the tame night , and , lp any case. Ed 1' .
Smith and Attorney dencral Smyth will
take part In the speaking ,
lleiniloii OIIIMIN al lireeiMvoiiil.
GREENWOOD. Neb. , Oct. 15. ( Special. )
The Eoldlers' reunion opened at the park last
night with a pretty good attendance of towirt-
people. Captain Henry , the old war liorse ,
was then Introduced and entertained the people
ple for an hour. The York Drum corps aud
the Greeauood band were also present.
CJreene OetN an Amllenre n | O eenlii ,
OSCEOLA. Neb. , Oct. 15. ( Special. )
MouBoa's opera , liouso TV a 3 pretty well filled
hero yesterday to listen td n , speech by W I .
Grceno of Kearney TnU Is thn first political
meeting that has been hcM hero this fall
and itvns well advertised. Had i Mr. Grecno
bren here at any other time ulnrc there has
been n populist party there ntiM not have
bcui n hall In town largo rnouith to have
accommodated those that w < uld have wanted
to hear Mm. but this time 500 would have
been more than were present , and at least a
third of them were women
"
TIIAIVS COIiMDU O\ A CMIVK.
Hundred Sheep An1 Killed In \Vreeli
\enr I'reiiKinl.
FREMONT , Oct. 1C. ( Special. ) A bad
wreck occurred on the main line of the Elkhorn -
horn near the Chautauqua grounds north of
the city at 8 o'clock this morning. Regular
freight No. 27 , westbound , collided with n
special loaded with sheep consigned to
Turner Uros. of this city. The two trains
came together on ft curve about two-thlrda
of the distance across a pllo bridge over n
dry run. The engineer and fireman of each
train saved themselves by Jumping. Jacob
Yost of this city , who was In charge of the
sheep and was In the caboose at the time
was thrown to the floor and his nose was
broken. The engine of the special wan
thrown off the bridge and smashed Into
kindling wood and scrap Iron. The first car
of sheep was badly wrecked , though the
trucks still remained on the track , and the
front end of the westbound engine stove In.
About 100 sheep were killed.
The conductor of the special rays ho had
orders to meet the regular freight at Fre
mont. The engineer of the freight says they
were several hours late and had orders to
pull out as soon as the special came In ; that
when ordered by his conductor , Hlse , to pull
out ho asked him It the special was In and
Hlse said yes. The freight was evidently
Increasing Its speed , ns was Its custom at
this place , when the accident occurred , and
the stock train slowing down. Doth engi
neers reversed their engines before Jumping.
An eye witness of the wreck , who was waitIng -
Ing at the crossing west of the bridge for
the freight to pass , says that the freight
whistled more than usual at the crossing.
The track was cleared at 2 o'clock this aft
ernoon. Passengers on the Norfolk and
Omaha trains , together with the United
States mall , were transferred at the place tof
the wreck this morning. A similar wreck
occurred at about the same place six or
eight years ago.
WO JI AX'SVOHK KOIl MISSIONS.
A mm ill Meelln of the TnpfUa llrunell
of Snelely lit HiiMlliitfN.
HASTINGS. Neb. , Oct. 1C. ( Special Tele
gram. ) The foirtcenth annual meeting of the
TopeVn branch of the Woman's Foreign Mls-
olonary society Is In session In this city and
will continue until Sunday evening. The first
day's session was opened at 9 o'clork this
morning In the Methodist church by the pres
ident , Mrs. C. F. Wilder of Manhattan. Kan. ,
delivering a fine address before 100 delegates
and n largo audience. HCT topic was "The
Worker at Home. " It was followed by greet
ing from Hastings' auxiliary , to which Mrs.
F. C. Eaker or Cancordla , Kan. , rcsp-nded.
The treasurer , Mrs. A. M. Davles of Lin o'n ,
reported that the total amount raised this
year was $1-1.000 , which Is the largest amount
ever raised In one year in.the history of the
society.
Miss Matilda Watson of Lincoln , corre-
sp-nllng : secretary , presented her report , nnd
this was followed by retorts from conferences
In Kansas , Colorado , southwest Kansas , Wyo
ming and northwest Kansas.
When the meeting convened at 2 p. m. Mrs.
E. I ) , nenedict read a paner on "Our Own
Work. " After reports were heard from con
ferences , a prper was read by Mrs. W. A.
Lindley , on "Discouragements In Our Week , "
which was followed by "Enco'.tragc-nients In
Our Work , " by M'H. E. S. Henderson. A
general discussion followed.
Tonight's program consisted of an address
by Dr. Rathel Dean , a missbnary from China ,
who spoke to nearly 500 pc : pie.
Aleiii | > ( K ( o Tnkc-tlic HIHIMI ? .
DECATUR , Neb. , Oct. 15. ( Special. ) Mrs.
Plufs went to the house of J. Ailair yesterday
and attempted to take possession on the
around that the house Is built on her land.
Mrs. Hamer. Adalr's daughter , resisted her
attempt to enter the house , but this morning
Adalr moved Ms house off the property in
order to avoid trouble. Mrs. Plufs is a spir
itualist , and believes she Is a medium of some
repute. Last tyring he was granted a divorce
from lier husband.
Smother * Her Hnliy to Dentil.
TECUMSE1I , Neb. , Oct. 15. ( Special. ) A
distressing accident occurred In Sterling
Tuesday. Mrs. Ferdinand Flnke , the wife of
a farmer living near there , was ID the town
shopping , having with her her C-weeka-old
baby. As It was a chilly clay the mother
wrapped her Infant up very closely. When
she unwrapped1 the baby It was found to be
In a smothering condition. A doctor was
summoned , but to no avail. The baby died.
I'rocIalitiH HiiiiHclf ni Cnnillilate.
TECUMSEH , Neb. , Oct. 15. ( Special. ) C.
B. Smith has come out as an Independent
candidate for sheriff In Johnson county. Mr.
Smith was not a candidate at any of the
conventions. He Is circulating a petition to
get his name on the ticket. One day recently
ho was parading the streets of Tccumsefi
carrying a big banner over his head on which
-as Inscribed , "C. H. Smith , Independent
Candidate for Sheriff. Vote for Me. "
I"relpli < HiiKliieHH Mure Tlimi Doubled.
GRAND ISLAND , Neb , , Oct. 15. ( Special. )
The books at the offices of the Union Pa
cific in this city show an excellent Increase
In freight trafllc over the same time a year
ago. In the fall of 1896 there were nine
freight crews on the second division , be
tween this city and North Platto. Today
there are twenty-three crews. Counting
five men to a crow this Is an addition of
about seventy men.
frinvmMi on Trill ! for Murili'r.
HARRISON , Neb , , Oct. ID. ( Special. )
The preliminary examination of George
Crawscn , charged with murder committed
on October 1 , was opened bfforo the county
judge yesterday , with County Attorney
Guthrle for the state and Ciptaln F. M. Dor-
rlngton for the defense. A great many per
sons were In attendance at the hearing and
much Interest Is manifesto. ! .
loiiH Home anil lliiUKV ,
NIOURARA , Neb. , Oct. IB. ( Special. )
Indians bring In word that a man with a fine
trotting liorse and new rig left them on the
prairie east of here , and nothing has been
seen of the man. Ho ls said to have been
anxious to trade for a saddle pony and saddle
and acted as If ho was a fugitive. The rig
Is held by an Indian named Oollam ,
Slllltee IlllllllllN1 Vew , Asent.
NIODRARA , Neb. , Oct. 16. ( Special. )
U Is said by men supposed 'to ' be close to
Senator Thurston that Frank Nelson of this
place lias been selected' ( or agent of the
Santce Indians nnd that lils appointment will
bo made Just before or1' Immediately after
election , the present Incumbent , Joseph Clem
ents , having sent In his resignation.
Ann CaiiKliI In a ( lorn SlieMer.
ITHACA , Neb. , Oct. 15 ( Special. ) Dave
Fulsom met with a Eerioui accident yester
day while running a corn -shHler. The ulecvc
of his right arm was caufJH In the cogs of
the burr wheel , and hls'"arni was drawn fn
and badly lacerated. lie * wks brought to
Ithaca and Dr. Fletcher dreaso'l the wound.
j / _
Dull1'nper at ( Milan ,
MILAN , Mo. . Oct. 15. ' ( Special Tele
gram. ) The first dally published In Milan
appeared for the first time this afternoon ,
It Is the Dally Standard , Us editor. J hn N.
Shepler , Is editor of the , Weekly Standard ,
the only paper of Importance in this city.
Tenelier nml I'nplU Have
ITHACA , Neb. . Oct. 15. ( special. ) This
town Is having a siege of the mumps. The
teacher , Prof. Stelnbaugh , and thirty-five
pupils out of fifty enrolled are down with
the malady. School Is closed.
Pay tin * KariuiTH for lift-In.
GRAND ISLAND , Neb. , Oct. 15. ( Special. )
The Oxnard Beet Sugar company today
paid out to varltus farmers for beets de
livered In September the amount of f 10.000.
Arrentfil ami K .rii | > eN AKiilii.
YORK , Neb. , Oct. 15. ( Special. ) Frank
Mitchell , formerly o ( York , but who has lately
been , running u billiard ball at GriMham , nas
Cost counts little Pedigree counts for nothing
to be rid of them is our aim
If don't
you
Saturday the
get a bargain
biggest day
Saturday it
for boys and won't be
young men our fault
Three startling numbers in
Boys' Short Pant Suits
ages 4 to 16
for Saturday only
- * *
Young Men's Brown Young Men's Suits
Cheviot Suits $5 75 Such a display of popular priced
well made perfect fitting
The new colorings perfect honest made goods is not surpassed
fitting nobby in appearance by any stock in the city
looks as well as any $12 suit we invite your attention to a
in stock it will be a
our very '
in blue
great bargain boys' indigo
attractive number for Saturday
cheviot suits absolutely all wool
not much money in it for us
for claim guaranteed serviceable color
but you can a
saving of three and all right sizes
one-half dollars 31 to 35 bint
Price Saturday Price for Saturday. . .
arrested Wednesday night by Sheriff Price on
the charge of bootlegging. Mitchell has been
bcfoio the courts on the same charge and < it
the time of his arrest was under bond to ap
pear before the federal court for trial this
fall. While making arrangements to accom-
twny the sheriff to York Mitchell made an
excuse to go into a back room after some
thing. He gave the onicer the slip and
escaped out of a back door and has not yet
been , found.
\c-liriKkn XI-WH XotcN.
T ) . H. Garhart of Antelope county has
oeen adjudged Insane and was taken to the
Insane asylum at Norfolk.
C. II. Judson , the druggist at Hlldreth ,
fell down his cellar stairway and sustained
a painful fracture of the left leg.
During the past week more than 300 head
of stock cattle and feeders have been shipped
Into Wayne from Omaha and Sioux City.
Link Lowrey of Dayard Just returned from
Montana with 700 ewe lambs. He has 3,000
moro on the road that will reach Alliance
on the 15th.
Fire from a thrashing machine engine on
the farm of Patrick Gahren , near Rising
City , burned 2,400 bushels of cats belonging
to him and a separator belonging to Albert
Rising.
O. G. Collier , proprietor of the Fairbitry
plaulr s mills , got lils left hand caught In the
machinery of the mill and as a result lost
the three first fingers. The hand was other
wise badly lacerated. ,
The general store of Anderson & Roberts
at Hlldreth was burglarized Wednesday
night and a quantity of clothing , boots and
shoes were taken. No clew to the robbers
has thus far been obtained.
Canned silmon was served for supper at
the homo of Postmaster R. J. Coles at York
on Thursday nnd Mrs. Coles and her son ,
Jay , were taken suddenly 111 with symptoms
of poisoning during the evening.
William Arnold , charged with an aswiult
on Miss Nettle Rogers at the homo of II.
N. Day , near Tekamah , last May , has been
acquitted by the Jury. The case was on trial
before Judge Fawcett Wednesday and Thurs
day. '
Not less than ten bands of sheep , numberIng -
Ing about 5,000 to 8,000 to the band , have
passed Uayard during the last month , and
many moro are on the road. They are from
Montana going to eastern Nebraska and
hava been on the road since April.
Mrs. Ferdinand Finko of near IHirr came
to Sterling with her ulster , from Illinois ,
who had been visiting her , and went to the
depot to bid her goodbye. Mrs. Flnke had
her C-weeks-old baby with her and as the
air was chilly she wrapped the llttlo one
warm and snug. When she went Into Mr.
Stuvo's store and removed the wraps she
found that In her care for her baby she
had wrapped it too much and It was tiinoth-
erinf. Dr. Turner was called , hut It was
too late and the llttlo one died In a short
time. Mrs. Fluke became almost frantic
with grief and Dr. Turner's services were
required to quiet the unfortunate woman
before her friends could take her home.
Norfolk had a chapter of wagon accidents
Wednesday. A young man , name not
learned , employed by a farmer named White ,
was drawing brick to ( he asylum , when In
going down a hill the front endg > te gave
way arid ho was thrown down between the
horses. The wagon patsed over him , badly
breaking one arm and a. rib. Driving along
the Elkhorn , Frank Fitch was the victim of
a runaway team , being thrown out of his
wagon , his leg broken and ankle badly
wrenched. In this condition he crawled half
a mile to sccuro help. A 5-year-old ton of
G. A. Lulkhart , In trying to catch a rldo at
the rear end of a hay wagon , got caught In
the wheel and had his ankle twisted and
crushed aril one foot crushed to hurdling on
the bottom.
Small pill , tote pill , best pill. DC Witt's
Llttlo Early Risers euro biliousness , consti
pation , sick headache.
WIM < no TO THI : .SU-UUMK c'oritT.
Cuiumlsuloner llcriliium to Appeal
from .Indue Secill.
Police Commissioner Herdman. who was
fined $200 and costs by Judge Scott a few
days ago for contempt of court In that ho
voted "no" In the board meeting on the mat.
ter of reinstating Cox as chief of detettma
In response to an order from Judge Scott ,
Is about ready to take the case to the su
preme court. A motion for a new trial
was filed In 'the district court yesterday af
ternoon. This motion is likely to bo denied
by Judge Scott when It comes up before him.
Immediately thereafter a bill of exceptions
will -be illed and tbo case will be brought
before the supreme court ,
luNFIRMS CORNISH'S ' * REPORf
Work of Sposial Mastar is Encbraed by
Judgs Lacomba ,
CASE OF OON PACIFIC RAILROAD
Sai-elnct S < ulemen < of ( lie SlaliiN of
( lie Null Ili-oiiKlit liy J. I'lvr-
peat Mo run u null thu
j lleeelvt-rn. . | I
NEW YORK , Oct. 15. The report of W.
D. Cornish , who was appointed as special
master to take -the testimony 1n the suit of
J. Pk'rpont ( Morgan and others as trustees
against the Union Pacific Railroad com-
j , pany , Frederic Coudert and others as re
ceivers , was confirmed today by Judge Lacombe -
combe of the United Stairs circuit court.
The report of Special Master Cornish states
that on September 1 , 1891 , the Union Pacific
Railroad company executed a deed of trust
, to the firm of Drcxel , Morgan & Co. , as
( trustees , to provide for the payment of the
principal and Interest notes , and deposited
with that firm certain bonds , stocks and
other securities. Collateral notes to tne
amount of $18,710,000 were Issued , payable
on August 1 , 1891 , with interest at 6 per
cent. Drexel , Morgan & Co. , It la stated In
the report , sold , from time to time , certain
of these securities and with the moneys re
ceived redeemed collateral uated to the ag
gregate value of $15,527,000.
There are now unpaid collateral notes of
iho value of $3,183,000 which should have
, been pilil August 1. 1S)4. ! ) There are also
certain overdue coupons and Interest to the
amount of $5,910 , and the trustees hold as
a separate fund , set apart for the payment of
this , tlio sum of $5,1)10. ) The trustees , the re
port continues , have accounted for all secu
rities entrusted to them. As depositories the
' .complainants now hold nearly $8,000,000 par
value of collateral notes.
I It Is further ordered that the Union Pacific
Railway company within llvo days after the
| entry of this decree pay for the benefit of
the holders of the collateral notes the sum
of $3,188,000 , with Interest from the 1st day
of August , 1E97. Upon receiving such pay-
, incut the complainants shall devote the
i money to the payment of the principal and
' Interest of collateral notes. In dctfault of
j such payment by the Union Pacific company
I the complainants , as trustees , together with
i the special master , shall tell tlm oond ml
' other securities hold by the trustee . Such
Halo shall IK held at public auctl.j.i at the
1 Now York Real Estate exchange.
| U Is further ordered that the following
i described coupons shall not be sold until
I otherwise ordered by the court : Oregon Short
I Line and Utah Northern first consolidated
' railroad company 7 per cent coupons to
the amount of $52,220 , Oregon Short Line and
, Utah Northern Railway company collateral
I G per cent coupons to the par value of $271-
! 000 , Idaho Central Railroad company first
j mortgage ( i per cent coupons to the amount
, of $300.
I If after molting the above payment there
I shall bo a surplus It shall bo transferred to
the defendants.
.Mine lo Shut Out Small SlilpjierM.
CHICAGO , Oct. 10. The executive , committee
mitteeot the Ilutler. EBB "nil Poultry
Hhlppers' dissociation , which' Is holding Itx
annual nscslon here , made arrangements to
day to be present at the next meeting of the
Joint Trallle association , to press their do-
innnds for carload rate whlrh will protect
the regulnr shippers from the competition.
of the Kimill dealers In the eastern markets.
Tl.o western rpads. have been giving car
load rules for the iiast three years.
Ciilf Itoiiil Aiinoiiiii-eN a Cut.
DENVER , Colo. , Oct. 15. The Gulf rail
road today announced a sweeping cut from
Colorado common points to Galvcston to meet
the all-rail reductions In freight rates and
to maintain the differential.
Shrlner * Co to Krciiumt.
A large dc'leciitlon of Mystic Shrlnera front
this city went to Fremont yesterday on two.
ppeclnl cars to attend an Initiation cere
mony. Tlify were accompanied by the
Twenty-second Infantry band und returncil
about midnight last night. Arnonp- tin ;
party weie ICd llnney. Will Megcnth , Muilc
Dunhnm , Tom Collins , C. 11. Carleton nnd
George Clinton. Hev. S. Wright 13utler
Joined the party on a Inter train.
FOHI20AST OF TODAY'S \V13.lTHttIt.
I.lKlit Itnln or Suowt Colder ivltil
North \VliiilH.
WASHINGTON , Oct. 15. Forecast for Sat.
unlay :
Fur . Nebraska Light rain or snow , fol
lowed by clearing iwcathcr ; north winds ami
much colder In ras'.ern portion.
For South D.ikolii Light local phowers ,
followed by fnlr weather ; slowly rising tem
perature ; west winds.
For Iowa Light showers nnd thunder
storms ; decidedly eoldrr ; north 'winds. '
For Missouri Showers , preceded by fair
wtutlier In the morning In eastern portion ;
decidedly cooler Saturday afternoon op
night ; i.\lmls shifting to nor.h.
For Kansas Local ralnH and thunder
Htorms ; decidedly colder ; northerly winds.
For Colorado Light snow or ruin , to'-
kneil by fnlr weather ; decidedly colder In
southern perilous ; nortlu-ily winds.
For Wyoming Generally fair weather
Saturday ; slowly rising temperature ; north
winds.
Ioral Heron ) .
OFFIPIO OP THU WI5ATHKH HUUKAIT.
OMAHA , Oct. m.-omahu record of rainfall
and temperature compared with the corrc-
.spcmling day ot t ) > o past three yeurs :
1M)7. ) ISM. 1S93. 184.
Maximum temperature . . . SG G3 07 70
Minimum temperature . . . . Ct 41 30 47
AvcriiKo temperature 74 51 52 03
Italnfall CO .00 .00 .03
Hocord ul te.rnpcraturo nnd precipitation
at Omaha for thin day and sinca Ma.rc.-i
I , U'J7 ;
Normal for the day 53
Kxce. s for the duy 21
Accumulated cxccs.-i tiliicu ( March 1 417
Normal rainfall fur the day 03 Inch ,
Deficiency for the day OS Inch
Total rainfall Hlnc March 1 10.47 Inches
Deficiency since March 1 11.53 Inches
Excess for cor. jic-rlo'l , 1SC ! 37J inches
Dellelency for cor. p6rol : , is 5. . S.iO Inchct
UeportN from SlalliiiiN at H i > . in.
7Mh McMillan T'me.
T liulk-iiles trace of prcoliiltiiUon.
U A. WKLKII. l-oc-ul rortoait OmcluL.
-PERFECTION ! / \ yALl7Y MOOEIWIOiN Irl PRICED