TTTTC OAfATTA DAFLY BT2ENrteMn A V. H 20 , 185)7. )
SURPRISE FOR THE STATE
Defense Springs a Point Which May Reopen
Suit Against Bartloj's Sureties.
WAIVER OF ORIGINAL BONDSMEN WITHHELD
1'Jir > * Jfint 8iU to I'lcnd Hint Tlicj
Ar ? > < il IInfillllrniiim - the
lluml 'I'lii-j
I i UIIH Itt-Jt-vti-il ,
Attorney Octicral Smyth lias been outmaneuvered -
maneuvered by the counsel for the bonds
men of cx-Stato Treasurer Hartley In the
unit he brought to recover from them the
half A million dollar defalcation In the state
treasury when Hartley left It. As a con-
Bcqucnco of this there Is a probability that
the end of" ihc trial Is yrt far distant.
A new quotation has been rnlseJ. It vvaa
rxrjccte-d generally , but apparently not by
Altomey General Smyth , for yesterday
morning lie stated that ho thought his case
would bo concluded In the afternoon. The
question has been argued It depends on
Judge Powell's ruling this morning who'her
or not the trial will be Indefinitely pro
longed In fact , whether or not a practi
cally new trial vvlll bo required. The point
Involves the main Issues In the case and
goes back to Its commencement.
Wl.un Hartley first offered Ills bond to
Governor Holcomb on Jinuarj 3 , 1S')5 ) , the
governor decided that the sureties were not
nufllolent , and , therefore on the following
da > , returned It to Hartley In order to en
able him to get additional signatures Hart
ley came to Omilia with the bond and se-
curtd the names of W A F'axton , sr. ,
Thorns * S obe and Cadet Taylor. In order
that these names might bo rightfully at
tached to the bond an agreement wns signed
by the six orlgltul bondsmen , according to
which they waived ail objection to the addl-
tlcnal signatures This agreement was at
tached to the bond when It was again of
fered to the governor
NO MENTION OP WAIVER
In the petition which the attorney gen
eral filed against the bondsmen In the suit
that Is now pending he based the Hctlon en
the bond Itself , as a document distinct , with
out the wnlvcr of the original sureties Thim ,
upon Its face , as sot up In the petition , the
bond was signed b > the sureties at the
fame time and urdcr tlie ha me condition1 *
The bondsmen went cm the theory that the
attorney ginoral wou.d trj the case on the
contention that It was a statutoty bond
that Is , that all the requirements of tlio stat
utes had been obejed In their answci to
the petition therefore1 they set up as the
main dcfcrso that the statutory bond was
defective In that It hpd nut been approved
and filed on the first day of Hartley's term ,
January 3 , 189" as required by the statutes
Hut ns a Fceond and additional defense. Inas
much as the waiver of the elx oilgina !
bondsmen was not held In the petition to bo
a part of the bond the original bondsmen
set up that they weie released from liability
Iti that the bond they signed had been re
jected and tmt the names of Taylor. Svvobe
and I'axton had been secured without their
consent as additional sureties This placed
the attoinoy gcneial where ho was requlir > d
to answer the second defense In his rep'j ,
and eonscquently he was forced to offer the
waiver of the blx orlglml bondsmen to the
securing of additional signatures on the
torn )
When the trial vvis commenced the de
fending counsel Insisted that the action was
based on two different bonds the statutor >
bond set up In the petition and a common
law bond in the reply They maintained
that thej were two rntlrelj separate con
tracts. In answer Attorney General Smjth
stated tint ho would stand by the bond oct
up In fho petition. On this understasdlng
he introduced the bond Itself without the
waivers. He also failed to Introduce in evl
denco the written'approval of the bond b > the
governor. If he had put It In evidence It
would have assisted the defense In showing
that the bond had not been approved until
Januaij 9 , 1S95 , this appearing In the wilt-
ton approval over the signature of thegov
ernor This e\ldenrc would have been of
material assistance , Inasmuch ao the defence
wantcJ to prove two thVigs that the bond
should have been approved January 3 , 1S95 ,
to be legal , and that It was not approved
on that day.
PLEAD UAHIUTY OP IIOND.
Since the waivers were not Introduced the
sureties employed only their main line of de
fcnsp that the bond should have been ap
proved on January 3 , ISSi , and that It was
not approved then. . . This being shown the
bends men contend that the otllce of state
treasurer bccamo vacant and Hartley never
bold the position. This being so again they
argue , that they are released fiom liability ,
since they signed the bond of Hartley as
state treasurer and not of liartle-y at , acting
state treasurer , or in any other capacity ,
and therefore should not bo held responsible
for his drlrgs
The defense has shown that the bond tvos
not nppiovcd on Januarj 3 , 1S93 They seem
to have almost convinced the court that It
should have been approved on that iU > , for
when Attorney Gtncr.il Smyth was Hpcaklng
ycstcrdav .is If the approval of the bond was
of no account and intimated that the court
held vv Ith him on that Judga Powell Inter
rupted and said :
"I do not want you to mistake me. I be-
llcvo that It Is very material whether or not
the bond was approved on Jauunrj 3 , 1895"
Under the circumstances , thorefoic , It was !
absolute ! ) necessary for the attorney to de-
elroy the uJYe'ct of the defense. Ho can enl >
< lo BO by the waivers of the original bonds
men. I ) ) these he can show that the bonds-
31101 Knew that Hnlcomb did not appiovc the
bond on Januar ) 3 , 1895 , since he did not
give it back to Hartley until the day after
ward to secure additional signatures ; that
since they knew this they knew that the
cilice of state treasurer was vacant and that
thercforu they flgmd ? the bond to be re
sponsible for the acts of Hartley oven If he
van glmpl ) acting In the capacity of state
ticasnrer.
WITHDRAW A DEFENSE
Attorney General Smth tried to Introduc
the vaiveis yesterday afternoon Attorney
3'ranU Hansom atvl John II. Ames objec
ted becjusu thu bomltiineu would bo
given no opportunity of answering
at this slant ) of the trial The
attorney goncri ! Insisted that the evidence
> vas proper since the bondsmen had set up In
their answer Unit they had not agreed to
stay on the bond with additional stiietles
The counsel for thu defense maintained that
they had not advanced this defense. In the
trial aid finally agreed , on a challe-ngo from
Attorney General Snitli. to withdraw this
dcfcusu entirely This felled Ilio props from
licmutli the attorney genmnl and ho lud to
ccclc In another direction to got thu vval\e > rs
in.
Ho Insisted that they were proper rebuttal
tctftlniGCiy. Hn said that the contention of
the bondsmen had been that they were rc-
Iccsed from liability by showing that the
1)011(1 had not been approved at the time fixed
< br the statutes The waivers showed that
thej know that thu bond had not been ap
proved at that time , but they had ncverthe-
Vlolt , While Hands with Shapely Nails , I.uxa-
riant Hair with Clean , \Vholesomu Hcalp , pro
duced 11) CUTICUKA BOAT , the most elTecthe
( Lit ) pvirlfilng and be uillfj lug soap in the
world , as well as purest nml sweetest , for
toilet , bath , and mirser ) . 'llieonlj preventive
of Inflammation and clogging of Urn 1'oure.
Coir U toU throughout th < vorlJ. l'orn PECO * i
Cum I our , Sol IVop , Hoiton , r. S A.
tt-"llo tI'urllj oaj ll utlfjr th < fckJa , Bcitp.
tuJ U l/ , " milled ItM ,
loss rorralned on the bond. Judge Powell
nwofit away this position
"This Is not proper rebuttal testimony. It
Is In my discretion , however , to allow these
waivers to be Introduced an A part of jour
caeo In chief , ' ho Raid He took the matter
under advisement until this morning , ad
journing court In the meanwhile.
If the stnte can put In the documents AH
part of the case In chief It will mean a re
opening of the case The bondsmen must bo
given an opportunity to defend The case
along this line may last as long as It has al
ready
Yesterday morning when court convened
Governor Holcomb was recalled for cross-
examination. General Cowln'a questions were
to show that Governor Hotcomb had not fol
lowed the Rtatutes In allowing Hartley to ac
count for $411,000 of permanent school funds
with certificates of deposit Going on this
theory the counsel read from the statutes
and asked the witness whit ho considered
their meaning to be TJie- court ruled many
of the qiustlons out , holding that In order to
answer tlio governor was placed In a posi
tion where be must do < ; o with some legal
conclusion.
The counsel for the bondsmen Insisted that
the question was perfectly proper ' ! o said
that the governor had testified that Hartley
had made an accounting In part by means
of the certificates of deposit In view of
this testimony ho held he hail n. perfect right
to question the vv liners as to his duty In
this accounting Ho said that If ho was al
lowed to put his qucstlore , he would show by
the governor himself that he had no business
to accept ccTtirkutes of deposit Instead , of
cash for anj H'nte funds and by doing so
ho had failed to bring to light a shortage of
J149000 , for which the bondsmen should not
bu held liable
DISPOSITION OF STATE PUNDS.
In answer to a terlcH of questions Governor
Holcomb testified that It was his construc
tion of the depository law that the cduci-
tlnn.il funds could not be put Into depositor )
banks , but were under contiot and keeping
of the stotu treasurer until they were In
vested by the educational binrd.
" 1)11 > ou not ki > on that It was Illegal for
the treasurer to put the educational funds
In unauthorized banks'1" was asUed.
" [ did not consider It unlawful , nor did
I think It was a misappropriation to do so "
"You thought it right for him to farm out
this money amongst banks ? "
"I did not consider It 'farming. ' but I saw-
no other way that the money could be sifely
kept. "
"Did jou not know that this money could
not be Invested In anything but United
States and state securities and registered
county bends of this state' " then asked
General Cow In , quotl'ig from the statutes
An objection to this qiuotlon was sustained
and then General Cow-In asked , reading again
from the statutes
"When the law of the state specifically
and emphatically provided and made It a
felony for the state treasurer to take nn > of
the funds of the state out of the state tieas-
ury except on legal warrants and to place
them In legal depository banks and made It
a felon } for him to make gain or profit for
himself through them , did > ou not know that
that applied to the permanent school fund
and that jou could not take the evidences
of that folonj represented by what jou call
certificates of deposit to make up his ac
counts'1"
This question brought out a vigorous ob-
jretlon tnat another legal conclusion was
asked for. The defending counsel naked to
ho heard The Jury was therefore cxeuscd
from the court room
General Cow In said that these questions
woie proper In view of the governor's testi
mony The governor , In the first place had
said that the elimination of the funds auJ
the books with Hartley "resulted" in an ac
counting ; that he had testified that M49,000
of the funds alleged to be turned over con
sisted c-f alleged certificates of deposits which
were not on record or a part of the records ,
hut which Bartlej toclc out of a cigar bo-c
General 'Cowin ' held it as a decidedly loose
pioccedlng that Bartlej should be allowed
to nccoui.t for nearly $500,000 state money
with some papers taken out of a cigar box ,
wMch were not shown on the books and
which the goveinor did not know were gen
uine. He wanted to show that the piocee-d-
Int ; was not only loose , but that It was in
direct violation of the statutes and that the
governor knew It
QUESTION HULBD OUT.
Judge Powell refused to allow the line of
questlonlig , saying that It would require
the witness to draw legal conclusions. Then
General Cow in insisted that the governor
dtevv a legal conclusion when he testified
that , from his examination of Bartlej's books
and the cash , the bank deposits 11 deposltorj
banks and the certllcatea of deposits handed
to him by Hartley , ho reached the result that
Hartley had accounted for all funiJs charge
able to him. General Cow in asked that this
testimony lie stricken from the records
Judce Powell said that there was no doubt
that this testimony was not of a fact , but
w'as a legal conclusion. He stated furthei
that ho would not have allowed it If ob
jection had been made at the time. lie
refused to strike it out now. but Intimated
that It would not prejudice him In deciding
the point of law Involved. Tor Judge Powell
Insisted that he , and not Governor Hol
comb , was the one that must decide whether
Governor Holcomb had perfectly performed
his duty under the statutes.
The decisions shut out the bondsmen
from fuithr questioning in the way they
had pursued all morning. Consequently
when the Jury was called back the cross-
examination was confined to the governor's
tostlmuij that the bond was filed before
It was presented to him toy Hartley on the
evening of January 3. 1M > 5
The governor would not swear positively ,
but said that to the best of his recollentlon.
the bond bore the filing mark of the secre
tary of state's olllco with the date- . January
3. 1895.
Ex-Deputy Secretary of State Evans has
testified that the bond had not been tiled
until January 9 , 1895 , and the defense con
tended that the " 9" had been erased and
the " 3" substituted. Evans testified posi
tively that ho had not attached the name
of cx-Secrotorj of State Piper and his own
to this filing endorsement until January 9.
1895 , but Governor Holcumb testified that
the names vvero there when the bond was
handed to him on Januarj 3 , 189"i.
"Did vou not know the bond eould not be
filed until after It had been approved ? " de
manded General Cow In.
The objection that the question called for
a. legal conclusion was sustained. General
Cow in announced that bo hail no fuiiher
questions to nsl [ Attornej General Smjth
abUed but two questions on redirect exami
nation.
Governor Holcomb was called on to bav
that after Ilartlcj In tided him thu bond
on Januarj 3 , 1M)5 ) , ho had Kept the
document until thu next day , having It with
him in his room at the hotel over night
This vvau to rcfutu the Intimation made bj
the defcnto that the govcrnoi had handed
the bond back to Bartlej with the suggi'Stion
that he get more blgnnturra
Attorney General Smyth then gave Gov
ernor llulcomb an opportunity to explain his
lejsons for speaking of certain statutes as a
"furco and a sham "
HOLCOMH IS EXCUSED.
"What did you mean when jou said that
the statute ) which Is construed to mean that
when a utate. treasurer succeeds himself lie
chall produce In cssh slate motiej not In
state depositories wat > a farce and u sham ? "
An objection was made tint Uie question
was not proper , and was sustained Gov
ernor Holcomb was then excused , having
been on the stand for nn hour and a half
The btato then Introduced In evidence enme
pages of thu liooXb of Ilia treasurer's otlleo
which Khovved that a comparatlvelj few re
ceipts had come lulu the olllce between Jiinu-
aij 3 and Jatfuarj S , 1895 This wat. done to
lefute a possible argument by the defense
tu thu Jury that Hirtlej had lined monejs
received bet u con thobo ilatcH to ass iH him
In accounting to the governor on January S ,
1S95 , for the amount of inonej ho bhnuld have
had on hand at thu close of business on Janu
ary 2. 1895 , ( he cloe > u of hie liiht teim
The stale also Inlioduced us evidence the
bond record book of the becreUrj of Mute's
olllce , which shotted that HartlcjV bond was
filed mi Jinuiu 3 , Iti'jl , and vvat. recorded
on the following Jaiuurj 9 This vvai < done
to atsist In the refutation of the testimony
of e'x-ecretary of Statp Plpor and hi * dep
uty. Evans that thu bond wca not filed until
January 9 , 1S95.
It wat , not jet time for Hie noon irccss ,
but Attornej Gei.t-ral Smith : equcsted an
adjuurnnu-n * until 2 o'clock Somu of his
witnesses vvrrc ivit on lioiui , ab It had not
been expected tint the croatfamlnatlon of
the governor would In completed so toor A
recess was therefore ; taken. Thu attorncj
general said that hu might complete his case
lu the afternoon ,
LOOKING POR AN ERASURE.
At tbo fl rnoou netalon John T , Daley
vvn < i called by the state as it chemical ex
pert to toi.lfy as to whether or not In the
filing endorsement en the bond an erasure-
hid been made In order to Icecrt the figure
" 3. " This endowemcnt showed that the bond
hid btn filed on January 3 , 1893. Kx-
Deputy Secretary of State Evans has sworn
that he filed the bond on January 9. 1S95
and that II was so Indicated In the endorse
ment when ho signed It. This left the Im
plication that the " 9" had been erased and
the " 3" substituted. This was still fur
ther strengthened by the fart that the " 3"
appears to bo In blacker Ink than the rest
of the endorsement
Witness Dalej said that In his opinion no
erasure had been made on the paper , as no
trace of chemicals wan left It was his
opinion also that the Ink In which the " 3"
appears IB the same as that In which the
rest of the endorsement is written The
effect of the testimony was somewhat weak
ened by the witness' statement that he did
not thlrk that the slgnetures of cx-Sccre-
tary of State Piper and Deputy Evans be
neath the endorsement were In the same
hendwrltlng It has been shown that Ev
ans wrote both
A li N'leles , a mlcroscdplc expert , alto
examined the endortement on the bond un
der glaives whlei amplified It 150 diameters
and foiled no trace of chemicals and no
abrasure of tbo piper The witness rud
the mlcro'cope with him and ho adjusted It
sa that the jury could examine the alleged
erasure under the glasses for themselves.
COWIN SPRINGS A JOKE
When the microscope lud been adjusted seas
as to magnlfj 100 times the counsel In the
trial took turt.i In peeping Into the Instru
ment Us Attorney General Smyth and
Assistant Smith gluc.1 their e > cs to the
glarscs General Cow In raised a laugh with
the remark
"Thu state Is trying to find some trace of
Its case. "
All the Jury looked upon the figure " 3 "
When they were finished the lavvjers tock
a turn and even Judgu Powell succumucl
to the atttuction
J E Wllber , caahle'r of the Omaha Sav
ings bank , and P T Hamilton , pijlng teller
of the Merchants' National bank gave tes-
tlinonj- , that the figure was written by the
rumo band as the rest of the endorsement
and that there was no Indication of an
erasure They also said , however , that the
signatures cf Piper and Evans vvero In dif
ferent hnmlw tilings.
L J W. Jones chemist for the smelting
workc testified that the pipe'r showed nj
trace tlat an erasure bad been made vvitli
acids
Attorney General Smjth then called John
II Ames , one * of the bondsmen and onu of the
de-fending counsel , to the stand and asked
him to Identify his signature to the w ilver
attached to the bond , by vvhleh he consented
to remain nn the bond If other signatures
were obtained This was prellmliviry to the
offering of tao waivers as evidence
The dcfcibo at once objected and the
question heretofore referred to In the open
ing was raised Tne argument continued
during the lemalnlci of the afternoon and
was completed Just at the hour of adjourn
ment In the meanwhile the jury was out
of the court rocm.
The earth moves Evidence , you can buy n
firat-c'.ass liniment , Salvation Oil , for 25 cts
Don't I'orm-l lit
The Missouri Pacific Rallwaj Is running a
Past Limited Train to St. Louis , .Mo , leav
ing Webs'i'r St depot dallj 3 05 p in , reach
ing Kniitds City same evening , arriving at
Grand Union Station , St Louis , 7 20 tbe next
moi nlng No change of cars of any class.
Night Exprcbs leaves 9 30 p. m , arrives
Kansas Citj fi J3 a m Kor further Informa
tion call at conipanj'h offices , N E eorner
13th and Farnam or depot , IGtu and Web
ster streets THO3. F. GODPflEY ,
J. O PH1LLIPPI. P. & . T. A.
A. G F. & . P. IA.
fliirlIiiK < ( > it Iloiitr Citllfnriitii Kxeiir-
HloilN ,
Leave Omaha via the Huillngton Route
any Thursday aftornon at 4 ! 5 in a com-
foitable tourist sleeper and you re-aeh San
Pranclsco Sunday evening , Los Angeles
Monday noon. No transfer car goes right
through. Uniformed Pullman porter and ex
perienced excursion conductor relieves } ou
of all bother. EVERYTHING provided.
Tlekets , $40. Bcrlhs ( big enough for two ) , ? 5.
Call at ticket oHlce , 1502 Farnam St , and
get full Information , J. B. Reynolds , City
Passenger Agent.
I'ntoii I'nrilit. \
"Tho Overland Limited "
The most SUPERBLY EQUIPPED
train , west of the Missouri River.
Twelve huurs quicker than any other train
to Pacific Coast
Call at Ticket Office. 1302 Farnam St.
II 'V
Loandei M Ormsbj , a stockman at Casper ,
Wjo , and Ellen E. Leek of Greenville , Pa. ,
were married In this cltj * Monday by Rev S
M Warn of the Second Prcsbjterlan church
at the home of the pastor Thu couple will
make their home at Fremont , Neb
Small pill , fofe pill , best pin. DC Witt's
Little Early Risers euro biliousness , consti
pation , sick hcadachi- .
l li > TliuinlilcMM lliinil.
Alfred Knupp , who w.is recentlj1 caught
with pioiporty In his po-sc'-blon stolen from
Bittos' s iloon on North Thirteenth street ,
was ycsteuliy connected IA lib the biirgl iry
of KriiK's biewery The Krug prcperty a.
large amount of steuin 11 tings and the cop
per lining torn from a vat , w.is re covend
from Terror's Junk shop under the Douglas
street bridge Keirei described Knapp us
the inin who sold him the material anil had
noticed especl illy a thumb ml 1iK ) fiom his
It.ind The d im igc to the Krug plant
amounted to $150.
I > IIIML rut \ < ; \IMIK. .
C Hardy left jestcrdaj on a trip to Den
ver
Rev Pred Sperlcln of Palmyra Is In
Omaha
J H and S. Julian of Vllllbca , la. , are at
thi Barker. * '
R. II Hurrows of Loup City can be found
at the Barker.
J 0 Phlllippl left last evening on a short
trip to Lincoln.
Doputj Oil Inspector Ed P. Ljons of Fair-
bury Is In the city.
C II Webster and wife and W. C. Jeffrej
aio Chicago arrivals stopping at the Darker
George H Crosbj , general freight agent
of the U S. M. , left last oven'cig ' for Chicago
cage
M J Dunn , general agent of the Iowa Cen
tral , returned jesterday to bis homo in
Peorla , III
Mrs Held Tracy , Miss Virginia Tracy ajd
.Miss Angela MeCaull of New York City arc
stopping at thu Barker
Downing Clark , stage manager , and nine
members of the Heart of Marjlaml company
are quartered at the Barker
Jacob llean and a number of friends from
Stlllwater , Minn . vli"'ted friends In the cltj
jcsterdaj on their way to Los Angeles Cat
C P Swarm , a business man of Oakland
la , with a part ) of friends , was In the city
jcslerdaj on bis way to a hunting trip
In Coloudo
Pred Purgeson , chief rate clerk In the
paegcnger department of the H & M , started
jesterdny on a short business trip to Chicago
cage
Nctraskans at the hotels C H Scott
and P. E Johnson , Lincoln , E P Sweeney
Pred Albert and E M Mussbaum Alliance ;
T J. "Minor. Pullcrton ; W JI Brown ,
dew aid ; K V , 1'ettis , L'ncoln
L II Denlson , for many years cashier of
thu Plrst National bank at 'Crete , but now
engaged In louX'rig after u gold mine In
Colorado , was a visitor In Omaha jcster-
daj He will return to Coloradp In a week
Rev H U'llght Hutlrr loft ycsterdaj to
attrcid the convention at York Neb , , of
the. StateAksoclatum of Congicgatlonal
Churches Mr llutler will dellvn an ad
dress on "Men's Clubs and Snndaj Evening
Services '
At the Mlllaid D R. Talbot Chicago , II
Asbburiipr Philadelphia ; F Mordaunt and
wife. New York Z Vlckert. Kansas City , J
W Park LeavenwortL,1 George Kraur. New
York ; P Green New York , T C Hlaek
Newport ; R , Kamej. St Joseph , F. A , Moore ,
St Joseph ; S. M. 'Frank ' New York ; C , L
Allen , Uuford , Ga , ; / . E. Chambers ,
Chicago ; J. H. Crawford , Chicago ;
S. H. Hathaway , New York ; Mrs
Waldo Smith , Chicago ; M. J. Mejer , Ply
mouth , Maes. ; J , S. 0 , Glcauou , Worcester ,
ilatu.
BOSTON STOREJNC MIOE SALE
The Sale of the Aldilson Bnnkrnpt Shoo
Stock fets Greater Every Day ,
THE BARGAINS ADVERTISE TIULSELVES
i\ < -rj Dnj of thi- „ ! < OiillwN UN to
IMH on VIIK- t > | ( . | ( . | _ : )
1'nlr of Simon lii.riiln Siile MiiUtM
I'll lure TrniU * lor U .
SHOE IUROAI.V3 ON MAIN FLOOR.
' " 'All's' ' EOc and 75c fancy soft solo shoes ,
Children's $1 60 spring heel shoes , E9c.
Misses $200 spring heel shots. \ \ 00.
Ladles' J300 button and lace , bl-ick , tan ,
wine and gre-cn saoes go at $1 59 and J1.75.
Ladles' line $400 and * 5 00 turn cir.l welt
shoes go at SI 93 $2 25 , $2.60 and $2 9
Hflns entire regular line of Rochester
hand welt and hand turn shoes that he sold
for $3,00 , , $5 to and $ G 00 , go at $3 00 pair
"il1,8 ' ' , MnN"S SnOIiv } JUST ABOUT
H'ALF
PRICE ON MAIN FLOOR IN EX
CLUSIVE MEN'S SHOE DI >
J'ARTMENT.
All the men's shoeu that He-lnz sold for up
to $ G 00 go nt $1 69 , J2 00 , $2 25 , > 2 50 , $3 00
and $350 per pair This Includes the finest
tnitncl , patent leather , box calf , willow calf ,
seal , cordovan and American calf
Wo guarantee every pair In this sale not
onlj to wear well and to bo the very best
and miucst of stiles but also to be Just
about half regular price.
SHOES IN THE BASEMENT.
Womcn'a S5c and Jl.OO slippers and Ox
ford ties , 39c.
Ladles' cloth top and kid top button shoes ,
all sires , 89c.
Children's shoes 39c , 59c , 75c and 89c.
Li dies' warm lined shoes , 89c
UOSTON STORE OMAHA ,
Selling t'le Hcln ? bankrupt stock from UtcM-
sail , Kansas.
BOSTON STORE. 10th and Douglas.
AMUSEMENTS.
David Bolasco'B war tflaj , "Tho Heart of
Ma yland , " evened a two-night engagement
last evening at Bojd's to a large , though '
top-hcavj house , and was received with wild 1
enthusiasm. OmaLa Is one of the last cities 1
In the country to see this plaj , whlh Is ,
melodrama pure and simple , but la so well 1
presented as to mislead many In forming a i
critical estimate of Its inerlth and Its pixiicr'
placet among stage productions A wealth i
of detail , nn umistnl attention to ncccssoilos i
and the selection of a company gcnerallj
competent and In some cases positive ! ) e\ct'l-i
lent , are points about "The Heart ofIurj -
land , " whirh are wo thy of especlal pral > e
For the rest , little can bu said which would 1
not apply with equal force to other melo-j
dramas less generously advertised but pos
sessing like power to shock and thrill.
Mrs Carter has made marked development ,
and shows genuine emotional power In places.
Sometimes , too , the mechanism Ib still heard
to croak a trlfie IJut heperfotmance It , In
general a satisfactory and convincing one
Prank Mordaunt , as the old geneial , James i
E Wilson as his son , Theodore Roberts us i
the scoundiol Thorpe , and Mr Ha elton as i
the sexton , likewise , do excelle'nt work.
The engagement closes with the pcrfoiin-l
aucc tonight. There la no matinee
There will be two poiformancea of Han-
Icn's "Superba" toilay.it the Cielfihton after
noon and evening , bringing a huccessful en
gagement to a close.
The bills posted about town , announcing
tbo coining of Madama Modjeska. gpnt.iln an
error In the sequence-of. plajh to bo prc-- .1
sented. "Magda(1 will open the engagement )
on Thursday night , and "Mary Stuart" willi
be the bill on Pi Way night. Plays and dates i' J '
are- reversed on the misleading "paper" referred - '
ferred to. I
"Olo Olson" conies to the Crcighton for two
performances next Sunday.
Next Saturday afternoon at Boyd's vv 111
occur the first of a series of orchestra con
ceits to be given du Ing the winter under
the direction of Pianz Adelmann A popular
progiam will be presented by an orchestra
of tvventj-fivc oleccs , and the price of seats
will be merelj nominal.
X.iA'rn i > ni'itTnvr CUMINS.
IntfreHtlnn 12 nit Coiuu-ctoil ivldi Y.
M. C. \ . Work.
Over 500 people gave their encouragement
to the educational department of the Young
Men's Christian association last night In
opening Its collegiate year The exercises as
planned by Rev. P. A Warfield , chairman of
the educational committee , and Educational
Director B H Matthews , opened with a
llt-'rarj and musical program In the audl-
to-ium of the association building After
the Invocation by Rev J. W Robinson there
came a violin solo bj Prof E C Relnbo'd
Mis J W. Johnston then contributed a eon-
trnlto tolo of especial excellence , and Rev
P A Warfield followed with tl e opcnir. ? ad-
dici-s to tbe students of tbo night clashes
1 ho registration is large and embraces stu
dents engaged In all thu grades from elemen
tary to graduate work. Rev Warfield wel
comed them and explained the difficulties of
their different courses Julcb Lumbard then
sang "Fear Not Ye , O Israel , " and appeased
the audience with several encores Physiial
Director Barnes couduetcd an examination
showing the methods and tests used In his
department
After the program an Informal reecptlon
vas held In the parlors Refreshments were
served and several excellent Impersonations
were given by W. L. Gleenlcaf of DCS
Molncs.
MoirlN Iliiuiiil OAIT.
Hml Morris , who linti mude a pi ictlce of
stripping traction engines , steun luutlng
plants , etc , of their fittings , was brought
to trl il In police cour j-esterdiy lie waived
examination and will await the action of
the district court undei $1 OX ) bonds The
complainants me thu Aultmau Tnjlor eoin-
piny and Hugh Murphy
DOLl -nilzubeth. October IS , 1S' 7 , ngod Cl
jenis , of cuiier of the .stomach ; wife of
August Doll Funeral Wednesday , Octo
ber 20 , nt - o'clock p m fiom her lute-
residence , 71S South Tilrtjfifth HtreU In
terment Eveinipin cemetery.
GUILDS Eunlc.0 K , aged 49 jearH , Octolx r
19 , wife of Clcor e U ChlldH. at her real
dence , HOC North 20 h street. Puner il
Thursday , Octobir 21 Inteiinent , Poiest
Law n
WARREN Mnrj C\ widow of the late-
John Warren , aged 75 j.eaw 8 montlio 6
diijB , nt her .lorne , 211fi Wlrt street , Ot-to-
beri 1C. Interment at LoUl , Ohio.
TIM : HP.
In Thl
Interest In ( ho Ice carnival Is growing
Many Inquiries In regard to the formation of
clubs and the full nature of the carnival
arc pouring In upon Messrs Norrls ft lx > vp
the managers. They desire to slate through
The Hco that all Information they seek will
bo given publlcltj In these columns and that
nil plans and details of the carnival , the pro
pram and gcncril character of the gala tea-
son will be published as soon ns the same
are fully determined upon * It Is ton snon
jet to speak with an > certainty upon thr
principal features at greater length than haw
already been given Hut the promises of
the attractions heretofore presented the
minagcrs glvo the assurance will be faith
fully Kept In response to mnny Inquiries
relative to the balloting for the ljuoen of
the Carnival. It Is assorted tint the full
details cf the matter will be given In nc\t
Sundaj's Hee exclusively
The managers are verj busv at the present
time In preparing the plans for the toboggan and
ekl slldth and In Cfnimunlr-atlng with outside
organlratlons at Winnipeg SI Paul , Chica
go , Diiluth Portage or 1 other points , with
a view to uecurlng their Attendance , and nlsT
arranging dates for contests In fast and
fircj ska' In1 ; on the lagoon There will bean
an effort made to obtain the attendance of
the celebrated ski clubs of Goodhue Countj
Minnesota for thu purpcac of slowing the
daring aerial nights of these kings of the
Norwegian snow slice t\s soon ns replies
are rcce-lved from these dlffcrun * points the
public v 111 be apprised of the fact No
pains will bo spared to make the season the
greatest In point of attractions ever seen .M
the United States There Is no doubt at Hie
present time , from the Incomplete plans a&
outlined , that Omaha will sec at the final
storming and capture of the Ice Palace the
largest ciowd of vlaltors In Its history.
The number of candidates for the honor
of belni the Queen of the Carnival Is grad-
nallj Increasing No votes will be counted
that do not have the mine of the candidate
plainly written upon the Carnival coupon of
The Hoc which will be published daily after
next Simlav , and enl > one vote bhall be
counted for each coupon The costumes for
the lojal four will bo marvels of elegance
and v 111 be presented to tbe successful lull
vlduals as souvenirs of the occasion.
You can't afford lo rl h vour life by al
low In ga cold to develop Into pneumonia 01
coifiumpto-i ! ! Instant relief and a certain
ctuo are afforded bj One Minute Cough Cure
Iiiil irtniii-e of ItrKrNtiTliiti.
A meeting of the Ninth Ward Republl nn
| club vvaa announced to take1 place nt
Tiventvninth rnd Pninam stre ts last
1 night but owlnir to a misunderstanding as
to dnt < ? , but few menib M were present
Simon 1ro > .tcr ! was elected n temnoiarv
ciiatimnn with G-oigo C Thompson ns
s-cr tarj Judge George- Coekrcll talked
i n few minutes upon the Importnneo of
,
ievei-j voter placing lite name upon the rea-
I'tratlon HMs and also of the- duties in t Ms
connection that everj lepubllran owed bis
, pirtj Joseph Crow folloevvd up the su'i-
jei t In a Miort address nnd thn mooting
| c rcudr ! > a with n brle-f talk bj George
i llelmiod
|
1 I There Is no need of little children being
tortured by scald head aczcnia nnd skin
eiuptlcns De Witts Witch Hazel Salve
gives Instant relief and cures pcimanently.
i.ocvi , iinnvri'n : ! . .
' The lot nt the nor hwcstern corner of
riftienth and Jnckson streets has been
transferred bj Joslah Cooter and wife to
Sadie C Iknnutt , the eonsldetatlo.i being
$ JO.CKX >
i The Ormbi Street It.illvvnv company Ins
| eommenecd boring an artesian well at the
.Xoith I Twentieth street power houseAVork
[ will be continued until u depth of 1,300 feet
I has been reiched.
W J Orendorff , president of the Parlln ,
Oifrwlorff eompanj of Canton , 111. , and a
stockholder In the Parlln , Orendorff-Martln
conrany of this cltj , died at Canton Mondaj
night He was a prominent man In public
affalih inIllinois. .
| The contractor Is engaged In putting down
L'ho ! ' permanent sidewalk around the new
postofilcc building The walk along the
Seventeenth street side will soon be completed -
pleted and the work will be pro ccuted as
rapidly as the granite inside curbing Is put
tu place.
Charles G. Pllnk. the letter carrier who
died Monday morning at San Pranclsco , will
be titl'leel in that city. He 'has ' thtec sis
ters living In Denver and Salt Lake City.
Two of them will be present at the funeral.
Ills mother , who lives , in Omaha , will be
unable to attend tbe sen Ices.
A concert , the yrocecds ol which will ba
devoted to clef raj Ing the expenses of the
Old Ladles' home , a charitable Institution
located on Hurt street , will be- given at the
Young Men's Christian association rooms to-
moriow evening Most of the lo-al musicians
will take pait Alreadj a large number of
tickets have been sold.
Suit has been eommenced In the district
court bj John A. McShano to bring about the
sale of 36.875 shares In the Ocampo Mining
and Milling company , owned b > thu conumnv
and by J. J. Went. The proceeds are intended
to satisfy a loan of $10000 which MeShanc
eajs ho made to the company and West In
Chicago on a note dated September 12 , 1S9G
W T. Sheppard has begun a $10,000 dam
age suit In thu district , court against the
Recs Printing company and the S D Mercei
companj for alleged
permanent Injuries re
ceived by falling down the elevator shaft In
thu bulldlilg at Eleventh and Howard streets
occupied by the printing company and owned
by the Mercer companj. Ho alleges he
walked Into the shaft on the t > ccond floor
an September 14 for the icason that safe
guards had not been p'aced about It He
dropped to the bottom and unstained a frac
Hire to an arm and other Injuries which ho
are permanent.
The Official
Inspectors
//\v | of Japan
critically examine every pound of
Japan Tea
offered for shipment. They Vl/
insist that .ill tea shipped * > [ / /
mubt be pure and of hifjli qualityfy \
A cup of Japan Tea " < / ; -
riqorales i ? tbe wonting
and tffmbcs at ingbl. "
All good
crocers
sell it.
THE PENINSULAR STOVE COMPANY.
CHICAGO BUFFALO
2Yir .Vein C'orncr , J'Viriwm tinil JPiftccnth ,
' * Hep. 10-1J-1J07.
is to let follitt 7-mw that HT self
. ( 1
Vx
* t JtCCfd'H , I'lHtffH , Suit * . < h"W < Hlf # . I'lKlt't :
! ! I' . SH.V , ( iltH'CN , Jllftn , < ' ; > . S/IIH'H t't'Ct'l/tllillff
tltnt ( t Hinafl ln > u tfctii'tt , Jin i/hc i/on A'/JOIC that nl-
t'vtttlif. And maybe f/on tloit't. Ifon { ilo i/oit
/ . mm * Hint tve sett Iliein e/ieuner than they tire M > / < f
in other iil < ieen. Yon /'mm * that n-e don'f
reneiif them. Vwr'mm - tltat ire Keif fhe
7flnitN'"t/te iveamlile Jsiinfu. What yon
don't /note is that ttlnee ire eame to fhe neie atom
ire d tnlifed our sfne/t of theve yoodN and tliat
jit'iees are an loir and in some fawn loieer thait
fheiirere in the old store. Today in our cornet'
irindoii' n'e are Nhoirinf/ our new linen. If i/oit
are doirn foten in fhe daij time titndu that irin-
doii" . If tt'itl do i/on yood. If tlie ereniny in more
eonrenienton trill Jlnd it liritlianfliliuJited
irifh ? tflira ndetteent lif/htu , Whether i/on look
fit these ijoodH dai/lit/ht or niyhf tifi/if or famp
liuht or candle fiffhfon irill * ec that fhe prieen
are Hr/hf nniiHiiallilitlit - II e are here for bns-
inetiH. xfrieflihiiKinvss , and ire iranf it neither too
sloir nor too li/h t. Did ire mtt that in a buxineim
Hijht'S
As Is well Kiovvn , we are the onlj house In Nebraska who cirrj an > llnc-al all worth
mentioning of Homoc pathlc medicines and oil" stock , which occupies our second floor ,
Is In chargeof n trained I1omocopftthist > und comprises not onlj the populir faeiul pat
ent preparations like Munyan's , Humphrey's nnd Hlltoiii , but a COMI'LUriJ line of
materii medlci In use bj bomoeopntblc physicians , in varletj from A to X and In po-
tencj from mother tinctures to 200th centesimal dilution , numbering In all nearly
20,000 reiredlcs
Parties ordering Hotnoropithle Medicine of us can rely upon getting1 Just whit they
want aul obtaining It fresh and at as low u price as at auj ph-mnacj In the- United
States.
PRICKS
Hemcdlcs arc never sold in any form in less than 15c vials , holding' 2 drams.
Our regular 2Se vail holdb fi drams.
1 elz. 2 Dram Vl-ils Medicine , post paid 1 GO
1 c/ G Dram Vials Medicine post paid > Ma o > :
Mullein Oil for deafness , etc , 2 Drun Vl.il 25c
I'llls ( Globules ) unmcdleated , of Cane Sugar , any size , per pound \ > o\ 350
Stout Black Cloth covered case , containing 12 principal remedies , In 4 dram als
square
Same stjlo case and vials , with 20 principal remedies and J emptj "paces for addi
tions , per case $100
Small black cloth covered case , 12 small vials of principalremedies , per case $100
Same stjle case , with 24 vials filled with piiuclpal remedies , and t empty vials
for additions , per case $2 00 >
NOTE When not otherwise specified eases will Tie furnished with medicine In pill
form.
The following books on 'Homoeopathic ' Family Practice are alwajs In stock.
Johnson's Pamlly Guide , price $200
Hanchett's Domestic Practice $17
Kuddock's Family Guide * . $200
Practical Pamlly Guide 7.r > o
INQUIRIES concerning Homoeopathic remedies cheerfully and promptly answered.
PHYSICIANS can save expicbs or freight by placing theli order with us , as wo
will duplicate the price of anj eastern or southern pharmacy.
Sherman & McConnell Drug Co.r
1513 Docile Street , and door west P. O.
( The Radiant Home Stoves
Genuine Round Oak Stoves
WI3
ARE Monitor Steel Ringes
Sole Agents Majestic Steel Ranges
The Star Oil Heater
FOR
Reliable Oil Heaters
and
Garland Stoves and Ranges
14th and Farnani.
Of the public IK being rapidly perverted to hlgblj misleading advertisements.
If we were to advertise a $100.000.00 btnkrupt sale of pianos and that BCOMI
of teams and hundre-ds of men had bee n engaged In removing this stnek for
UK , when In reality said stock was comprised of aoout $4,000 worth of rattlit
traps bid In at two prices , wo would expect , and Justly too , that the public
would lotio all confidence In our honesty and Integrity Our pianos are of
ono grade THI2 IIIOIIEST our prices TUP. LOWKST The only placeIn the
city where jou ean buy new
Ivers & Pond , Vose
and Emerson ,
SCHMOLLER 6c MUELLER ,
105 South I5lh Street. Telephone 1625.
t. C , MUELLER , Piano Tunoi.
C'DDuDDDDQauCDO '
PJTimeto Begin
The coming season of i o'd l s-un
I to Hx more di-ip'j ull exlwilnt ; < ll
I ensui of .ho D
Cl Mucous Membrane d
j J In cave of Catarrh , IlrunUiil | > ! > " .it ;
I Truulilt AMIima ami C'c unhf
I I Cuiiiullatlun ut tin rflit-pi.rJ Mi Unit d
| I Innltulc It free It in MUi Him thil
I _ I nurtur * furl lf > thcrmiluiiKulnH
vtlnlcr bj laklii Irf.iinitnt NG\\
MEDICAL INSTITUTE
I 111-31 : 3J3 N , V. Life Bids Tel. 113S
gBARSDRUFF .
Cutcil In from Three to
( > ay b > the use uf thcTamoui
The Qrealest
Hair Tonic Known.
f . . . . . .nr-u..u . , . . ( flilnK totliunculi ) Doctor * 4f
i > rnilortu It , ImrtirK r cumiuei > fl II , dru vl Ui y
i > rill It. Utwaruiit liuiutlonn. b nj lor I'UKK $
,
i wookiet CQXE CHMrjAL | WORK ,
| , 171-173 Randolpti SUeet , Chicago , Ills. Z
1 ' riv i
roit HAf.B
; ; SIICRMAN & McCONMLL DRUG CO. , Omaha-
i