Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 09, 1897, Image 9

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    THE OMAHA DAILY BEE
ESTABLISHED JUNE 1J ) , 1871 , CXMAILA , TUESDAY MORNING , NOVEMBER 0 , 1897. SINGLE COPY PIVE CI3NTS.
FICTION OUTDONE BY FACT
Btrango Story Concerning an Escaped
Nebraska Convict.
MID TWO YEARS UNDER A SCHOOL H3U3E
3'i'cnrncc of ( lie Mini Hint Never II cell
Suxicete < 1 Iilvvit I' ) ' 1'oriiKliifr
lit MKht In SnrroiiiKl-
| | IIIK Country.
CHAMBEHLAIN , S. D. , Nor. 8. ( Special. )
In novels It Is nothing strange to read of
heroes or outlaws , as the case may be , llvlug
tor years without detection In caves In the
In-art Of thickly settled communities , but
buch cases In real life arc extremely rare.
Therefore Interest \ added to the atory of
Cyrus II , Miller , who escaped from the Lin
coln , Neb. , penitentiary , and for two years
lived under a school house In the most popu
lous portion of Blue Earth county Minnesota ,
without detection. Ills strange rendezvous
mould not liavo been discovered even then
had he r.ot for a moment lest his customary
nnrvc and given the matter away himself.
A federal official and members of h\a \ faintly
.who have returned here from a visit with
relatives at Mankato , Minn. , furnish the
writer the details of this most remarkable
cano , which will come before the grand
jury which convenes in that city on the 10th
Insl. One day last summer while Sheriff
D T. How-en of llluo Earth county was on
his way to town from a business trip In the
country , whllo crowing a bridge homo miles
out , discovered a bicycle In some under
growth ticar the road , Its position Indicating
that an effort had been made to conceal It.
Inquiry In town proved that the bicycle had
been ntoen. : To discover the thief n watch
vcs placed over It to see who would come
to take It away. This resulted In the arrest
of a man who gave his name as Cyrus Gray ,
but whoso correct name lies since bceu
owertalc.cd to be Cyrus U. Mll.cr.
When placed In the "sweat box" he told
r. story that 8UrprlcXd ! the officers and which ,
when It became known throughout that re
gion , uttiacted Intense Interest. His con
fession was In substance to the effect that
for a period of two jears he had secretly
made his homo under a school house about
eight miles from Mankito. Such a story
wan dlincult of belief , and the authorities
were Incredulous until the school' house was
visited and It was seen that the man's story
was Indeed correct. The structure Is one-
etory In height and is constructed of brick.
At the rear Is an old-fashioned brick chim
ney , which , nj examination proved , was ol
great value to Miller In successfully hiding
and living for the period of two years under
n public building In a thickly settled com
munity.
DISPLAYS GREAT CUNNING.
The cunning dtrplajcd by him proves that
ho Is ono of the shrewdest criminals with
whom western olllcers have ever had to deal
So nirlng access to the Interior of the schoo
house after It had been deserted by the
pupils and teacher , he hod skillfully removei
a aectlou of the wainscoting on the Inside
of the building directly opposite the chlm
ney. The boards were sawed very carefull >
just under the molding , along the top and
rxcross the bottom on a level with the floor
Then , by sawing downward along the grooves
between the boards , a small door was formed
which escaped detection by the pupils o
other parties. The1 door had hooks on the
Inside , with which to fasuti It and proven
It being opened from Hit choo ! room side
In the event that It was discovered while
Miller was In the cavo. Ho then dug down
Inside the lower part of the chimney and bj
this means tunneled under tlio school house
Hero ho excavated < i large room and th
Ingenuity of this really remarkable mat
was ng/iln demonstrated by the mothoi
adopted to get rid of the dirt removed k
order to form the room. The earth wa
packed between the joists holding the flee
and held by boards nailed on the under
Bide , and thus made a receptacle for th
surplus dirt , as well as formed a dead wa !
through which no sound could penetrate to
glvo warning to those In the room above o
the presence of the fugitive.
MADE HOME-LIKE.
The room was well finished on the sides
celling and floor and had bocn neatly papered
O i the walls were pasted a number o
sketches made by Miller on ordinary whit
iwper , dark strips of p-ilnt having been run
around the edges to represent frames. A
large stock of books and m-Jgazlnea wa
found In this strange abode and the fac
that they were all of first-class charade
proved that Miller was a man of some educa
tlon and refinement. A stove , bed and bed
ding , table add other furniture and articles
as well an a full supply of cooking utensils
had been taken to the underground room t
add to the camfart of the occupant. Smok
from the stove was conveyed by a stov
pipe to the chimney at the rear of the schoo
house and was thus carried away wlthou
exciting curiosity. The larger articles , sue
as the bed stove , table , etc. , had been low
ered Into the room through an opening fron
the school room , which had been made fo
tha express purpose. The stove In the echoo
room sat a short distance In fruit of th
platform upon which the teacher had be
desk. The stove had under It a Kit go sheet o
zinc. Tim boards forming the floor of th
school re cm ran from the platform towan
the stove. Miller sawed the boards off jus
vndcr the edge of the platform and undo
the edge of the zinc , then siwcd along th
cracks at each end to connect with the forma
cuts and by this means made a trap dee
which during the two years escaped delec
tlon. This was used solely for lowcrln
jarse articles ! ate the cavern below am
when not In use was securely fastened under
nealh. T'IP ' opening lhrouh the waliibcotln
served for ordinary usea ,
Probably the nifst HIII prised person wl-c
the subterranean retreat was discovered wr.
the young woman who filled the position o
teacher In the tchool , Krequeu'ly she 10
niulnud nlono In the school room as late a
G o'clock In the evening waiting for a teat
to take her home , or to look over the les
sons for the next day , and oltcn parsed th
Interval playing nn the organ , little dream
Ins of 'hi1 piosence cf a mi-anger within
few feet of her. Dur.ng these times Mlllc
could have ascended to n position just he
hind at the door through the waltiKrotlu
and listen unobserved to the music.
HIS LIVING ,
Miller obtained food by prowling throng
the Burioun.lliig farming country at nigh
and robbing hcnrcaHU , taking vegetables am
frullB from gardens and orchards ; by takln
produce from wagons found hitched un >
where In the vicinity , and by the man
means which In a well settled and rlc
running region makes It so easy for the pur
son fa dltposcd to obtain largo quantities r
provisions of various knis. ! Fre juentl
farmers who hid at night hitched luol
teams In front of eomo country store o
other place would find them missing. A da
or two later they would to surprised by re
reiving anonjmoim letters telling them tin
K they would call at a certain place the
could recover tholr team and wagon. Com
jil la nee with the Instructions In thcto lot
tnra always resulted In the recovery of th
tnUsIng teams and wagons. Milter's pur
jirno In thus temporarily confiscating th
team * and wago'ig of formers was to haul t
hly retreat articles which he had secured c
lily foraging expeditions , but which were to
large or bulky to bo carried by hlmsel
Sacks of Hour and other provisions dUaj
peared regularly from cellars and froi
farmers' nugocu which had at night bee
left uloDO for even a minute or two In th
vicinity of Miller's abode. Fanners' cow-
were found milked In the mornlne. bn
these depredations were laid on the tramp
constantly wandering through the countr
and no one suspected for an lurtant tha
there WHI a room under the school hous
and that the occupant of the curious quar
tern wan the party who writ the cause o
all the earnest BW earing because of the dla
ppcaranco o ! ertlchs , provisions and chick
tM , tbt milking ol cowi and the numberlcs *
her depredations which were committed
early every night.
KEPT VERY SHADY.
During the day Miller remained quietly
n his retreat , only emerging after nightfall ,
io careful was he In his movements that a
armer and his family who lived only n short
IsUnce away from the school house never
observed anything out of the way there or
noted any suspicious movements. The teacher
of the school never noticed a track In the
school house. Miller must have been very
careful In entering his cave through the
school , or going from It , for there was never
a track or other mark In the vicinity of the
rap door , or near the opening Into the
chimney , that would arouse the slightest
suspicion.
After the confession of Miller all the people
'or miles around came to occ .ho wonderful
underground home , 4mi > after a time , i-o In-
cnse became- the curiosity of the people ,
ho officers of the school district determined
to charge a small admission fee to those
wishing to Inspect the ftrange retreat.
Finally the crush of sightseers grew to cmch
roportlons that the pohool olllcers decided
o fill In and destroy all trace of the cave.
Since Miller's arrest.lt has been ascertained
: hat ho Is a fugitive 'from the Nebmka , au
thorities , having made his escape from the
penitentiary at Lincoln by climbing up
.hrough a hollow wall by removing brick
after brick as he proceeJed upward to
'reedom. Uo \ euld that for some days he
lad saved a snall : portion of his ration : , and
Ihese were carefully preserved to sustain
lilm during his desperate , but patient effort
to escape. Progress In the wall was neces
sarily slow , and for three days after Ma
disappearance from bib cell , while the sur
rounding country was being searched for
lilm , he was In the penitentiary wdll slowly
working his way out. Ho Is certainly a
remarkable man.
The Nebraska authorities have been ad
vised of his capture by the Minnesota offi
cers , and have been ctrlvlng to secure cus
tody of htm , but the Illuc Earth coumty
authorities are not dlspos-ed to glvo him up ,
a : thcro are a total of fifteen different
charges against him there.
HIGH GOI.n ST1U1C1- : IMONTANA. . .
Vnliiiililu ( limrtr. Turned lip liy Com
mon IMOWN.
CHICAGO , Nov. 8. A special to the
Tribune from Dutte , Mont. , rays : A great
old strike has been made on Upper Sago
creek. A ledge extending for many mllss
and the quartz running $100 to the ton has
been dlscovcrc.l , and the people In that ivrt
of the state arc wild with excitement. Tlie
little town of Utlca has been almost d <
sorted by the male Inh.ihltnPte. who hive
staked ou ( the whole surroun lln country.
It Is reported that from any part of 'ho
jjreat ledge rock can be broken that r ins StCC
and more tn the ton. Some of the cxit d
piospectors have gone to work with plo\\s
Hid scrapers to uncover the vein.
Another icport of thj dlbcavaty of a r.'e ' !
, 'lacor ' wan brought from fllk Ciy , Idaho ,
where Judge Lindsay and other But'e pirt'Co
hrve been Interested In mining. A $170
cleanup has been made and the deposits arc
ichor than anything y\r. dlhcovured in that
slate.
HOLDS Till : 't-KXI'OSITION ' LIAUL.B.
I'ny furVnluulile OoodH De-
Hti-oyeil by KIre.
CHICAGO , Nov. S. Judge Grooscup of the
federal bench tftlhy'handed down an opinion
holding the - . World's Columbian Exposition
company responsible for the loss to the
French republic and the French exhibitors
by reason of the fire of the night of January
8 , 1894. The loss to the French republic
consisted of some fine lieauvais and Gobelin
tapestries , and' ' two magnificent Sevres vases
ma.de for ornaments at the entrance to the
Chamber of Deputies. The French republic
claimed $50000 ; on Its direct loss and $10,000
moro by reason of delay and extra , expenses
attending the fire. Half a dozen private ex
hibitors from France had a loss of $15,000
combined. The court did not fix the amount
of damages to 'be" paid by reason of the fact
that It appeared that some of the private
exhibitors had collected Insurance and the
court desires It to appear that the suits were
brought In the Interest of the 'insurance
company and' be 'limited to the amount of
Insurance.
GIIAI.V EXPORTS COVI'l.MJU HEAVY.
Twenty-Seven SliliiH Xoiv Chartered
nt IMillmlrliililii.
PHILADELPHIA. Nov. 8. There are
twenty-seven steamships now In port or
under charter to load grain for European
ports. Most of the grain will 'be ' shipped
during the next few weeks. These steamers
will carry an. aggregate of C. 100,000 bushels
of corn and wheat. I3o far this year the
shipments of corn have aggregated nearly
22,000,000 bushels , as against less than
7.000,000 bushels In 1S9C ; and of wheat ,
3,903,889 bushels , compared with 3,840C1G
last year. The export petroleum trade was
also unusually heavy last -week and today
shows a gain of over 45,000,000 gallons over
last year.
llellef for lutlnnimVliiilcrn. .
SAN FUANCISCO ; Nov. 8.-A determined
effort Is being mmlo td aid the SCO whnlers
now Imprisoned by Ice In the Arctic. All
the California representatives In congress
have appealed to the secretary of the navy
asking that the 'government at once send a
relief ship to tlulr rescue. The Call hnu
offered to provision the vessel and $5,000 In
cash has been promised by the Examiner
and the managers of the b.isu ball tourna
ment. If no goveinmeilt vessel Is available
It Is possible that a private steamer may be
chartered. Many experienced men are of
the opinion that a relief ship wHl not he
able to get within several hundred miles
of the suffering men , but ll Is hoped that
provisions may bo taKeii by reindeer over
land to I'olnt Biuiow. The Bucceiw of this
project will dep'end largely on the weather ,
though It Is thought to be feasible. The
Chnmbfr of commerce favors ) Immediate
relief , and the Indications aie that Rome
plan of Huucor will soon be carried Into
effect.
Ueiiiiind IteepKiilllon of Ilnuie Iiiilnir
'
CHICAGO , Nov. 8. As the result of a con.
fereneo between National Secretary James
F. McIIiigh of tlifl Stonecutters , ' union and
the heads of nil iho central bodies of
Ctue.iKO , Including the Buildings Trade *
council and thu Chicago Federation o
Labor and many prominent local labor lead
ers , It has been dj-.elded to formulate i
demand In the name of urbanized labor that
u clause bo Inserted In all contract * am
smb-rontmctH for cut Htono work for the
new po&totllco requiring tlut the Etono In
cut In Chicago. The amount involved wll
bo (1 , X.000. It is urged that this wll
prevent conlraeloi-K from having the stone
cut by cheap labor uud hlpgo 1 hero In com
petition with union .wages , Should the elc
maml bo succersful , the pl.iu i.illl bo ex
tended to keep If possible ' , he entire ffovcrn
ment expenditure , amounting to about $ V
COO.OiO , In Chicago.
Mliu-rH Will Continue the SlriKr.
SI'HING VALLUY , III. , Nov. S.-Steps
have been taken at a mass meeting o
mlneis held at MnrQiictto to continue the
coal strike through the winter by creating
a xub-dlHtrlrt board consisting of minera
from Sprlnu Valley. La Salle , I'eru , Ladd
Seatonvllln and Marquctte. The manage
ment of the strike Ix tn be put In their
hands. Tne mcutliiKwas largely nttendei
by miners from all these plitcoa. Devlin's
mines at Marquette and Cahlll's at Peru
ore the only mines working In .this dl.i
trlct and they are pitying the scale ,
CruUer Will lli-i-iin-Puti- .
HOT SI'UINGS. Ya. , Nov. 8.-Hlchard
Croker , Uudolph Pub'Kentitlmer. Thomas V
Unidy , Asa Illnl Gardner and Miles
O'Urlen , Icadeis In Tammy hall , arilved
here Sunday , Mr , Croker looks well , notwithstanding -
withstanding- recent Illiu-ss , but wll
muke an extended visit at Hot Spring Ir
order to fully restore his health. His family
will join him during the t-otnlnt ; week.
Shoot * Kntlier and Son.
IH3LTON , Mo. , Nov. S. At noon yesterday
nine miles east jof here , Arthur W.-Igh
killed John Hets and shot the latter' * fa'her
William S. Hess , at their home. All tno *
Involved are farmers , but no reason Is slvei
for the tihootlnir. The murderer passed here
tfil * afternoon and Is malting hla way south
Rt d "Slnm Palo" la ( be Suudtv 13 eo ,
WONG aim FOO HAS PLANS
Jaking Final Arrontjcmants for His Great
Oriental Display.
CHINESE EXH.BIT AT THE EXPOSITION
IteNourcen niul I'roceNNeM \ortlierti
China Intcnili-d to AMOIIHI | | VUI-
tom Who Come to the Great
Omaha Show.
Wong Chin Fee , Chinese commissioner of
: ho Transmleftlsslppl Exposition , la In the
city making ( lie final arangcments tor the
exhibit which ho proposes to Install In a
pagoda to be crccteJ on the bluff tract. He
spent the morning In constitution with
Superintendent Hardt of liie Department of
Exhibits and C. F. Uelndorff , the architect
who has designed the pagoda tn which the
Unlneso exhibit will be boused. The general
plan of the pagoda was agreed upon and It
was decided that It should be a two-fltory
building , 02x80 feet In size , with the grace
fully sloping roof characteristic of the archi
tecture of the Flowery kingdom. The tall
pavilion which will adorn the building will be
filled with a chime of Chinese bells.
Mr. Fee Is a naturalized citizen of tbo
United States , tiavlng come to this country
from ncrtncrn China twenty-four years ago.
He Is thoroughly Americanized and Imbued
with a love for American Institutions that Is
rather unusual In natives of China. Ho prom
Ises that the Chinese exhibit shall be an In-
stiuctlvo lesson to Americans , showing the
wonlerful resources of the northern districts
of China nnd 'Introducing to the American
public a source of supply which has , here
tororc , been altogether neglected. HeIs
most enthusiastic over the outlook for an
exhibit nnd has organised a company , known
as the North China Trading and Manufac
turing company , and agents are alieady In
the field In China , selecting the people and
| Mraphen.alh which will make up the ex
hibit showing the resources of this part of
the world.
NOIITHEHN CHINA'S UESOUUCES.
"Tho principal Industries of northern
China , " says Commissioner Fee , "arc the
making of silk and the growing of tea. The
agricultural resources of the country will
be sutprising to many Americans and our
methods of manufacturing food products for
Immediate consumption , as well as for pre
servation , are , in many respects , far superior
to the methods In use In this country. I
shall have a section of the Chinese exhibit
showing the manufacture of silk In all Its
stanes , and I shall also Illustrate the tea
li'dustry > by having a huge tan.k . In which
will be brewed a kind of tea which has never
been Imported Into this country. It Is
superior to anything here In the usual
course of trade and possesses properties which
are entirely new to lea drinkers In America.
Tills tea will "be " given away. It Is quite high
la price and the entire crop Is usually con
sumed In China.
"In the agricultural section I shall have
Implements for tilling the soil which will
be a revelation to farmers and manufacturers
of agricultural Implements In this country.
The people of America are very proud of the
cereal they call 'Indian corn , ' but In my
country we cultivated this same corn 2,000
years before England waa discovered. We
make a great many dishes of corn in various
forms which people In this country never
heard of. Wo also have methods for pre
paring other food which are conceded by
gourmets to be far superior to the methods
practiced by any other nation. In the various
manufacturing lines , the Chinese exhibit will
bo comprehensive. We have methods of
manufacturing which produce results which
have never been reached In thla country.
It Is true we have no labor-saving
chlnery , nor do wo want any , as our Immense
population must be kept employed , but the
methods of manufacture , which would bo ut
terly Impracticable 1m this country , result In
the production of articles of all kinds which
are very desirable In America and here ,
again , the commercial aspect of the matter
Is presented.
"I can assure the people Interested In the
exposition , " eald Fee , In conclusion , "that
the Chinese exhibit will bo one of the most
satisfactory of any on the grounds. "
CALL KOIl A KIS1II3HV COXGHESS.
fSovc-rnor of Klorldii IitvIteM Ilele-
Kiitex to ANNriiilile nt Tiimjia.
A call for a national fishery congress has
been Issued 'by ' Governor W. D. Dloxham of
Florida , the congress to be held at Tampa ,
Fla. , commencing January 19 1S98. At the
same tlmo an exposition will be held at
Tampa , designed to show all varltlcs of
food fishes , their propagation and ipreserva-
tlno. In his call for the congress , Governor
Dloxham states that It Is called for the
purpose of considering the Importance ol
propagating and protecting the fish la the
waters of tbo United States , and the
necessity of devising iways and means anO
formulating methods to save from total
extinction many varlties of valuable food
fish. The governors of etatcs and the fibh
commissions of the same are requested to
appoint delegates to the congress.
The United States Fish commission Is tak
ing an active Interest In this congress and In
a clicular eent out by the government com
mission occurs the following paragraph :
This congress Is called In the Interest ol
earth's highest civilization , believing that
uvcry elTort made to Inoteaso the food sup
ply of mankind and to suggest new Holds
for labor and new Industries Bhould be com
mended , hence the object and aim of this
National Fishery congress will be to discuss
and formulate plans for the propagation
and preservation of fish and all i.vater
products * of comcmtclal value. It Is also
designed to have an exhibit of samu. I'.ir-
tles thus Interested are requested to make
exhibit * of diicd and canned llsh , turtles
crust , aet'ans ) , fponges , oymerti , oils , sklna
and ail appliances fur catching and curing
hamc ; al.su nets , rod 3 , hooks , etc. A mod
ern , commodious and attractive exposition
building will be arranged far this exhibi
tion No charge 'Will ' be made for space
Exhibitors are required to prepay frelgn
cliarii u and mark packages. A , FICHE
Fishery Exhibition , Tampa. Florida. No
rchpoiiblbllty will be assumed by manage
ment for exhibits other than watchful care
Invitations have been extended by the na
tional government to all the civilized govern
ments of the world and a reply has been re
ceived from Japan Indicating a purpose to
bo protein. It Is proposed to organize on
International Fishery tUEocUtlon at the rlcso
of tbo congress , to hold a session at I'aris
during the exposition and probably at
Omaha during the exposition next year.
\i-hriiKkn 'omiiilNxlonot 'x.
Members of the Nebraska Exposition com
mission will meet with the members of the
executive committee of the exposition a
dinner at the Mlllard hotel tonight. The
gathering will bo purely social In Us charac
ter.
ter.Some
Some of the members of the commltulor
will attend the meeting of the Commercla
club tonight , where Chairman Neville If
billed Tor a response to a ( cast ,
It Is probable that the commission wll
hold a business session tomorrow , that belug
the regular day lor the rcinl-monthly meet
ing. It Is expected that the secretary wl !
be directed to advertise for bids for the etaf
work and the roofing of tin- Nebraska build
Ing , . .
WlllluniN Cue * to Utah.
George T. Williams of Ida Grove , la. , has
been appointed commercial agent to reprt-sen
the DcpaitmcntB of Exhibits and Conceruloiu
In Utah , and Is In the city today In consulta
tion with the managers of these departments
before leaving for hla field ot labor among
the people of Utah. Mr , Williams Is tlif
editor of tl.e Ida County I'lonter , one of thj
repertcntatlvc newspapers of that * section.
Ho has been the active manager , as well cs
proprietor , of the I'loneer for the last twenty-
four yearn , and during that tlmo boo at
tracted considerable attention by hla iiustllug
ability and his brilliant descriptive articles.
Io will visit the manufa6turers , farmers and
rult growers of Utah antl uld the Utah com
mission In Increasing the Interest of the peo-
) lo of that section In the Transmlsslsslppl
Exposition.
Tencher * ShoXV MueliIntrrixt. .
The list ot Nebraska * teachers who are
willing to become members of the National
Educational ossociitlon on condition tci.it the
next annual convention .Is [ held In Omaha U
constantly growing. It has..been Increased
by the signatures of thoaranl Island teach
ers , about forty In number , , a plmllar number
trom Fremont nnd 'iboijt a ; ozen from St.
Paul. The entire list ( now , numbers over COO
teuchcrs and the return , frhm Iowa and most
of the Nebraska cltlci , hfive- not been re
ceived. ( I
Women Cniiic , jo-Omulin.
Mrs. F. M. Ford , secret ry > of the Woman's
Board of Managers of the. Exposition , has re
ceived offlclnl confirmation ot the news that
the National Council ofi\Vomen , recently In
scsalon In Nashville hah sejocicd Omaha 'is
the place for the meqllng-ot the body In
1898. This confirmation comes In the shape
of a letter from May Wright Scwcll , president
of the council , announcing the action ot the
jody. This congress ! e composed of de'ng.ucs
from all the national bodice ot women , and Is
.tsually attended by 1,000 or l.JOO delegates.
Note * of the KM > OHOII.
J. Chrysander of New York has applied for
space In the Swedish nectlon.
The Sclle Gear company of Akron , 0. has
applied for 200 feet of space for an exhibit
of wagon gears.
Malson Chopard of Paris , France , has ap
plied for 260 feet of space for an exhibit of
iilgh class Jewelry.
The exhibit of the Singer Manufacturing
company will bo operated by motors made by
the Dlcht Electric company.
Prof. Albert Dcshcr , comnilEsloncr of the
exposition to Belgium , has opened odlccs In
Ghent on the Hue DCS Foulons.
The Peccs Valley Hallway company has ap
plied for r. space of 2.GOO Bquaro feet In both
the Agriculture and Horticulture buildings.
The Woman's college of Baltimore lias
written to Secretary Ford of the Woman's
beard to make Inquiry regarding the rules
which will govern the educatlctial exhibits
In the exposition.
Ctptaln Henry C. Ward of the Sixteenth
Infantry , U. S. A. , the representative of the
War detriment of the government boird of
control for the TransmlsMsslppl Exposition ,
haa notified President Wattles of Ills appoint
ment and also ot his Instructions from the
War department to proceed to Omaha as soon
as may bo deemed necessary in order to
take charge of the exhibit. . The captain
writes to Piesldc-nt Wattles from Nashville
and his letter leaves the impression that bo
will arrive In Omaha very shortly.
CAUSE OF JIM Til 13 VA OU'S EXI ) .
K Olt of ll Well Knoviit Ex-
Flremnit I'mvoltex Inquiry.
There Is considerable mystery surrounding
the death of James Traynor , who died sud
denly In the county jail Sunday morning ,
which may lead to an Inquest being held by
Coroner Burket. Traynor was picked up by
the police In a hallway at 311 South
Twelfth street about 8 o'clock Saturday
morning. When taken to the city jail ho
was found to be suffering from severe nerv
ous prostration , 'being then In a state of
collapse. Ho was charged with being drunk ,
but his condition waa so furious be was sent
to the county Jail that ho might recuperate.
Jailer George Slurid gives the following
version of what happened at the county Jail :
' 'Traynor was exceedingly nervous and asked
ma. for some nervlno braQo-liiin upI
handed him a tmall dose of.tho medicine , and
as ho took It through thObars ( he keeled over
backward to the hardBtone pavement. Wo
picked him up , but the fall seemed to have
Injured him quite ladly. .He recovered after
ward to some extent , and he wao placed on
a cot to the general cell. Joseph Kastner
and Frank B. Gee , who Is a physician , at
tended him during Saturday night , and up
to the time of his deaih , which occurred
about 5 o'clock Sunday morning. I was told
by Dr. BIythln. the county physlc'an. that
Traynor died of alcoholism. It Is possible ,
however , that that fall hj received may have
had something to do with his death. "
When taken to the moj-gue Traynor's body
was closely examined. The right eye of
the deceased was found to be. badly dis
colored , as If from the qffects of a powerful
blow. The back of his head , which should
have been badly contused according to the
statements made -by thoilnmates of the Jail ,
was found free from aoj' bruise. It was the
opinion of , the coroner that .Traynor's death
might have been caueo ] by a blood clot duo
to some blow.
George Shand , Frsoik 0. Gee and Louis
Kastner all deny that Traynor was struck
by any one whllo ho was In the Jail. They ,
however , glvo no resfions for the discolora
tion of the deceased eye , except tint the
fall to the stone pavement may have caused
It. Dr. BIythln cald this 'morning that It
was possible that the discoloration resulted
from a rupture of a blood vessel In the
skull , the blood flowing , after rigor mortis
had set In , to the eye.
Traynor left the fire department , after
several years' service , about nlno months
ago. Since- their he has been employed ! as n
hackman. The dead man was very strong
physically , and his friends discredit the Idea
that the amount ot liquor ho was. known to
lave drzak cause-1 Ills dt > ath. Traynor's
father and uncle , who are employed by the
Uulon Pacific Hallway company , will Interest
themselves In finding out the cause of death
Traynor's funeral will take place from St ,
Phllomcna's church tomorrow morning at S
Phllomcna's church this morning at 9 o'clock
with Interment In Holy -pnlcher cemetery
Hl'llKIST ACCKI'TS IT AS .
Corniier'H InveHtluriitloii. of the Death
oT .JiinteN i.N'lcholN.
The Identity of the Heater found by Fish
erman Stmms on a sandbar near Gibson sta
tion Thursday night has been cleared up.
As conjectured at the tlmo of the finding , he
Is kno vn now to have been James Nlcho ! ,
a colored man from Ifimburg'la. Coroner
Burket located an old acquaintance' ' of Nich
ols' yesterday In the person of Caleb
Sykes , a negro porter for Tom Hock. Sykes
says that Nichols boardi'd with him for about
a month at 2028 Fariium street. This was
last September. Nichols told Sykes that he
formerly lived In Hamburg , and that he was
the proprietor of a Efnall etoro there. He
did not appear to haye much money and. . did
odd Jobs around the city.
Sykes says that shortly before the state
fair opened Nichols Btoje _ ? 7 from his wife's ;
trunk and that \vpsth'cn at their house ,
Previous to this occurrence Nichols was
known to have gamble Ills money away as
s-on as ho earnedtlt , and also to have been
addicted to the use o ( opium and laudanum.
At ono time ho attemf led to take a large
dose of laudunum , but was prevented from
so doing by Sykes. . IchoU- had often re
marked to both Syket \ nil hln wife that life
was , not wcrth living ' n4 that he wan not
afraid to die. It Is ih ? opinion of Sykes
that Nichols commuted eulcldo by jumpjns
In the river. SykeaV-Bljory was orrobovaV'd
by Fred Jackson , another negi , who" llved
with him. Coroner Bujket also came tp.the
"
conclusion that Nlcbolf came to his death"
from suicide by drownifg.
\etv Coiuilerfiiltote Out.
A new counterfeit HO bill has made its
appearance In the northwest and the secret
service authorities nre krylng to run It dc-an
to its origin. A number of the notes have
D en put In circulation In Chicago and
Efimr have appeared In-the nortJ1 * nnd west.
So far an known , nolle have been paused
yet In this city , but tjiey qro ep ctd ,
Tnu bill In a photographic , copy well exe
cuted , rcqulrlnK rome examination to de-
t-ct lt worth'ensneMJ The original color
of the photograph , hpwewr , can be dlH-
rorned beneath the applied colors on the
numbers and the weal.Hie lurk of the bill
U n blue print , over yvblch sri-en Ink hau
been poorly npolled ivlth n hruMh , leaving
some places uncovered. The bill Is made of
two pieces of thin bond paper pasted together
gether- The silk fiber Is Imitated by means
dt plnlc and blue Ink lines.
BIG BONUS FOR CITY BONDS
Omaha Securities Fetch a Higher Price
Than Expected.
NEARLY SEVEN PER CENT PREMIUM IS PAID
Interxeotlon T vonty-Yenr Four niul
One-Half Per Cent IKNIU * Toint
. the Ilocoril for I/i > cnl
I SnleM. '
The sale of the $2C,030 Intersection and
106,000 special street Improvement bonds In
ho office of City Treasurer Edv.irds at
noon yesterday was the most remarkable
: raneactlon of the kind that has occurred In
Omaha In years. It Is doubtful whether such
irlces have been ever previously offered
icro on similar bonds and the competition
was sharper than ordinary. Whn the re
cent Issdc ot renewal bonds sold at a pre
mium of over 3 per cent the figure wus con
sidered remarkable , but today there worn
half n. dozen bids on the Intersection bonds
which approximated doubt that figure. These
ionds run for twenty years and draw In
terest at the rate ofHi per cent. The
highest bid was par and accrued Interest
and a premium of $0.6432 , or $1COS , , an there
were a number ot other bids that nearly
reached the ) tame figure.
The offers for the 560,000 special district
'jonds ' were almost as satisfactory when the
character of the bonds Is considered. These
bonds run only from ono to nlno years nt
4Ms per cent arid are usually almost un
salable at a premium. Several offers of moro
than 1 per cent premium were received In
this case , however , and the city authorltlee
are more than satisfied with the prospect
for an advantageous sale.
Thcro were nearly twenty bids on the two
blocks of bonds and among the bidders were
several big establishments that have never
previously appeared ns buyers of Omaha
bonda. The following are tha bids In full :
Intersection Bonds W. J. Hayes & Son ,
Cleveland , $1,407 ; Adams & Co. , Boston ,
$1.0591 , or $1,477.50 ; Blake , Bruce & Co. ,
Boston , S1.0585. or $1,402.50 ; Estabrooke &
Co. , Boston , $1.0577 , or $1,442.50 ; H. L. Dey
& Co. , Boston , $1.00059 , or $1,511.75 ; J. W.
LoiiKstreet & Co. , Braton , $1.0325 , or $812.50 ;
Mason , Lewis & Co. , Chicago , $013.87 ; Splt-
zer & Co. , Toledo , $1.0325. or $ l,312.EO ;
Omaha National bank. $887.50 ; N. W. Harris
& Co. , Chicago , $1.00432 , or $1,608.
Special District Bonds Adams & Co. , Bos
ton , $1.0105 , or $093 ; Blake , Bruce & Co. ,
Boston , $1.081 , or $1,194.60 ; It. L. Dey & Co. ,
Boston , $1.01397 , or $992,02 ; S. A. Kcene &
Co. , Chicago , $1.0000 , or $3UG ; J. W. Long-
street & Co. , Boston , $1.0070 , or $501.60 ; Splt-
zer & Co. , Toledo , $1.0113 , cr $607.43 ; Omaha
National bank , $100.
IIOMl IMIOI'OSITIOXS 1IOT1I CAIIUY.
.WajorltleH Overwhelmingly in Favor
of the IHMIICX.
The county commUsloners figure that both
the bond propositions submitted at the recent
election carried by good majorities. The men
appointed to canvass the returns completed
their labors , so far as the bond propositions
are concerned , nnd submitted their figures
yesterday afternoon. With the Sixth precinct
of the Ninth ward missing , the result Is as
follows : For the exposition bonds , 12,081 ;
against , 3,680. For the refunding bonds , 11-
79 ; Against , 3,728 ,
' The total vote cast at the reccrit election
aggregated 18,762 , of which the commission
ers figure 10,512 would Co the necessary
two-thirds to carry the bond propositions.
The books of the Sixth precinct of the
Ninth ward have been returned , but they
do not show that there wore any votes cast
for or against the bond propositions. The
Judges and clerks of election of this precinct
hive been sent for that the canvassers may
ascertain just what the facts are In the
premises.
This afternoon the canvassers will complete
the work of canvassing the returns on the
vote cast for state , county and township
officers , but It Is certain that there will be
little change In the figures as heretofore
published in The Bee.
IIOXCAIl IH IKil.AHS UASIbV CAUGHT.
1'nlr Wan ted In Io\in Arrenteil nt the
I'oHtoillee.
n. II. Williamson and Charles Harvey were
arrested by the police yesterday while
asking for some mall at the postofficc. The
men are supposed to bo wanted at Alton , la. ,
for the robbery of a Nor'.hweitern car of
about $100 worth of dry goods and notions.
From instructions sent out by the Alton
authorities the police looitcd a box of no'lons
In a local express olllco. which was consigned
to Williamson. The men deny t'uit tln > y arc
the persons wanted for the job. and assert
that they ore peddlers on their way west and
Hint the goods w < rc ptiishuiid in Chicago.
The case will bo Investigated.
.Silent COHIIIOH Clnh.
The Silent Cosmos club met at the resi
dence of C. E. Comp , 4COO Boulevard avenue ,
lost Friday evening. Mr. Comp's discourse
on the origin of Thanksgiving day was In
teresting as well as a revelation , as few of
the members had any clear Idea of the pre
liminary events of the first Thanksgiving
day. An hour was devoted to discussing the
leading question of the world , The members ,
especially the women , who cither had no
tlmo or fondness for newspaper reading , were
greatly enlightened by thciie talks. They
showed understanding and Interest by the
nature of the questions they asked. Tlio
next question taken ty w-au the "National
Convention of the Deaf. " The club is very
desirous of securing It for next summer. It
hau about 500 members , Stops will Immedi
ately tavn ! to secure it. The club meets at
the homo of Miss Ella Cornish , 348 North
Thirty-eighth street , on November 19.
"Romeo and Juliet" and "Cuba" will be the
Interesting topics for the next meeting.
Oltjeet to Alternating Circuit MulitH.
There Is some doubt whether the new
alternating- current arc light will bo adopted
in this city. One of the lamps has been
In use at Thirteenth and Farnam streets
for some time , but while It gives exee-llent
satisfaction In borne respects. It Is found
unsatisfactory m others. The new light
Klvr n much more steady nnd satisfactory
illumination than the o'd as far IIH It goes.
There Is none of tlio flickering and occas
ional Kolnn out that constitutes the chief
difficulty with the old-fashioned lamp , but
the volume of Illumination Is not equal to
that of the lamps now In use. This IH
largely duo tn the fact that In order to co-
cure tno steady fight the furbois are I ) iinol
In what Is utmost a vnccum. This requites
two globes , and as fully 1C per cent of the
light Is neutralized by a single cle-ar glabs
plebe , the effect of the double globe Is to
Hhut off a conbldrrable proportion of the
light. The fusion of the careens alto
create ! ) a deposit of carbonic oxide on the
inside of t'he ' Interior globe , which also
detracts from the Illumination.
_ _ _ _ _
ToiiKliH ANHdiilt nil Ollleer.
Vincent McQuillan and Arthur Smith , a
couple of North Omaha toughs , together with
a , gang of several of their kind , were In the
act of "rushing the growler" In the rear of
Nelion's saloon , Sixteenth and Chicago
streets , Sunday afternoon , when Officer Han-
ney sought to dUperno them. McQuillan
struck the ofll.cer and knocked him down ,
while Smith took his part In the fracas by
hammering the prostrate policeman with his
ftvtt ; , The men were each given thirty daya
In the county jail by Judge Gordon yesterday
morning for the part they took In the fes
tivities
for n Wextern Clfrprynian.
KANSAS CITY , Nov 8 Very Hev. Dean
Duffy has re'lsncd the rertorshlp of St.
ho will accept either QIC or t e other of the
PUU''H Uplscopal church. Kansas City , Kan. ,
and in considering calls from New York
City and Drooklyn. It Is very probable that
caoicrn charges ,
KKDKHAl , niSTIIICT COUItT TI3HM.
Formal Opening I'onliioncil niul 1nrj
Kxciixeil One Week.
The November term ct the United States
district court , which was to have commenced
yesterday morning , will not bo In formal ses
sion until Monday. The opening waa nec
essarily postponed , since Iho court Is now
tn session In Lincoln , and will not probably
wind up the business of the October term
thcro until the end of till * week.
Judge Mungcr Is In the city and was on
the b'cnch In the federal court room. Judge
Wcolson oP Iowa Is In charge ot the Lincoln
docket and Is presiding over the Dorsaj
ease. Judge Mungor not caring to try It , ns
he was acquainted with the parties In the
suit. As soon as the October term In Lin
coln Is finished by the c.ncluMon ot this
case the November term can be opened In
this city.
Judge Munger listened to motions and dc-
nurrcrs In pending caecs and he will bo en
gaged In such business only during the
greater part ot the week , This afternoon , he
called the docket nnd unsigned the cases.
He may go to lown for a couple of days
this week to preside over Judge Woolson's
locket.
The petit Jury which was empanelled eomc
weeks ago and which was to have reported
for duty Wednesday has been excused until
next Monday. The Jury list Is made up of
< he follow In ? : Mlko Bauer , Nebraska City ;
Frank 0. Alvcrtson. Omaha ; Timothy C ,
Cronln , Spauldlng ; John Edelmalcr. Hooper ,
K. S. Hun > on , Divld City ; A. J. Sexton ,
Arapahoe ; Hugh E. Boyd , Falls City ; M. A.
Brown , Kearney ; Frank Hclvoy , Nebraska
City ; J. B. Wood. David City ; A. 13. Cole ,
Lexington ; Thomas P. Chapman. Plaits-
mouth ; Hugh C. Mlntilx , Holstoln ; T. U Fen-
ton , David City ; Charles Hoblnson. Mldvalc ;
James Klrby , David City ; Jchn W. Wcrtz.
Stuart ; Frank Smith. Halglcrj William Sam
son , Republican City ; George Colling. Has
tings ; Levy Hetzel , Nelson ! Joseph McCalg ,
WAlash ; 1-M Bexton , Hastlngb ; D. S. C. Alex
ander , Octavla ; OrlglHon Morris , Humboldt :
E. H. DMand , Nclaon ; Art Huffman , Lunar ,
J. N. Colcman , Nclleii ; U. F. Williams , St.
Edwards ; J. W. Faddcn , HarrlBburg ; Frunz
Adelmann , Omaha ; F. Culner , Boone ; Wll-
Him H. Adalr. Omaha ; U. P. Craig. Flor
ence ; Andiew Nelson , Florence ; H. C. llaz-
lett , Lincoln.
Among the motions presented ycsterdaj
was one by City Attorney Council In the
Klngman ease , asking a contlmi&ucc of
thirty days. It Is practically , pet tied that the
continuance will Io granted , although Judge
Munger entered no order to that effect since
the court Is not In sciiwlbn. In this case
K'jngman ' & Co. brine action against the
city for damages for grading the alley In the
rear of their building In order to build the
roadway to the new depot. ,
X13\V IMtOIII.KM IX i\GI.VKHIM\li.
IteiaarUiihle Growth of llootH Tiikeii
from n Server.
City Engineer Hosowater has a curiosity
which Is Intcicitlng as an Indication of one
of the freaks of nature. It Is an example of
the remarkable growth of the mots of shade
trees which constitutes a serious problem In
sewer work In cities that nre extensively
shaded. This particular freak was secured
by Sewer Inspector Mike Leof.'fiom the four-
Inch sewer which connects with , the Jacobs
residence at Twenty-first strtot and St.
Mary's avenue. From a tiny root scarcely
one-eighth ol an Inch In , diameterlias , s prung
a solid mass of smaller rootsUi4t"lllled the
sewer as solidly as though they' ' had been
tamped In with a bar. The roots seek
moisture underground just as the foliage
seeks the sustenance of the sun and rain.
This particular root found Its way Into the
sewer through a slight imperfection in one
of the joints. U was nourished by the sewerage -
ago ana sht > t out hundreds of tiny out
growths wfilch developed In luxuriant pro
fusion. The sewer was finally stepped and
all efforts to flush It out were unavailing.
When It was opened It was found that the
Immense number of Inflnteslmal roots had
packed It from ono end to the other. The
pipe had to be broken In order to get the
roots out and when they were removed they
remained In a solid roll equal to'Uhe Inside
diameter of the sewer. , Byenhe Junctions
were exactly reproduced aml.'tlie ' roots were
so tightly pocked together tllat they could
"
not bo separated except bj ? tearing them
apart piecemeal. They looke'ji almost like a
roll of asbestos and this > Wflof under
ground vegetation was depenaWit on the sin
gle root that had crept through the Joint
In the sewer. Inspector Lee says that there
are a number of ulrnllar oises In the s > ewers
In the heavily shaded districts In the north
ern part of the city and It is.only a question
of a thort time when several pieces of main
sewer will have to bo taken up to free them
from these rank growths.
This Is the first trouble of the sort that
has occurred In Omaha , but in the older eabt-
ern cities It Is of frequent occurrence. Wash
ington Is one of the most heavily shaded
cities in the Un-itcd States anj there all
sewers arc constructed with a particular view
to shutting out tiio roots. The lengtns of
pipe are not only cemented together , but the
joints are completely encased In a solid ho..p
of cement , which leaves no aperture through
which the roots con enter. At the meeUng
of the American Society of Municipal Im
provements which was held In Chicago In
1890 a pnotograph was whown of u mass cf
roots about eight feet long which hud solidly
filled a twelve-Inch main power.
Suit on ii llrlelc Contract.
Park & Burness , who have the eontiact for
doing the brick work on the Armour plant
at South Omaha , have brought suit against
Krltenbrlnk Brothers to recover alleged dam-
agco aggregating $1,125. In the petition filed
In the district court the plaintiffs allege that
they entered Into a contract with the de
fendants , by which the latter were to furnish
1,600,000 brick at a stipulated price ; that they
furnished 203,000 and then quit. The plain
tiffs now seek to recover the difference be
tween the contract and the present price of
brick , the price having adianced since the
contract was made.
Soli ! lilipinr tn InilliiiiN.
Deputy United States Marshal Ackermaii
has brought to the city Jacob Hunus anil
John Cramer from Nlobrara for trial on
the charge of sellliij. : liquor to Indians. The
boor the men are charged with giving to
the rcdbklus so aroused their savage quali
ties that one badly silacht-d the other. The
men were bound over by United States
Commissioner H.ize of Niobium after a
preliminary hearing. Cramer Is In tno
county Jill , but Ilomi.s biiccecedcd In giv
ing bonds. The men will have a , trial at
this term of the federal court.
White Ragle , a bravo from the Wlnnobago
agency , has been brought to the city by
Deputy United Hlales Marshal Allan for
trial on tbo charge of Introducing and Hell-
Ing liquor on tlni agency. Ho 1st a partner
of the Indian , I'rlcswho i\as brought to
thla city Saturday on the fame charge.
Sixty Da ) for HlleliLMK-K.
Mrs. llansen , who lives nt 1910 Pierce
street , suffered the loss of u boarder on
November C. He left in a veiy impulsive
way nnd took with him several souvenir4 ,
coiiHleuliig of n pair of UoUM-rn , a suit ot
undent car nnd a pocket hook containing
} 7 10. HU mi mo IH Ace Hitchcock and In
stead of bMumilng tind&ail pant ha was
yesterday recognized by Officer Flynn not
far from hl previous quarters. In police
court It wast found that Hitchcock was
upparcleil In the stolen garments , but that
he had Invented the money In pleasures
that PUSH away. Ho w.is Identified by Mrs
IlKtiKcn and madei no denial of his guilt.
Accordingly ho received a term of t-wenty
days in t'ho county jail on each of three
counts.
KnilorMCMehiHNliii IIH a hunar State ,
H. T. Fuehrman , consulting engineer and
architect of the American H * t Sugar Fac
tory Construction company , was a visitor
in Omaha yesterday , Mr. Fuehrman lm
been making a tour of Inspection through
Nebraska In the Intrie-st of tils company ,
which 1 located In CbluiiKO Ho reports
that the fac'orks at Norfolk nnd Grand
Island are In a moat nitUfactory condition
and are doing a large and profitable bust-
neHH. From an expedience of twenty years
In beet sugar conditions he states that the
foil of Nebraska IH < tpeclally unite 1 to beet
culture. Mr. Fuchrman'a company i considering
sidering- location for the establishment
of another plant ,
Head "Simon Dale" in The Sunday Bee.
If y u don't Uke it. subscribe now ,
ON COMMON LAW MARRIAGES
Now Ruling on a Point Which May Modify
Popular Opinion.
JUDGE KtYSOR HOLDS HUM TO BE VAL'D '
DeclNloti In Unto * AKiiltiNt McGnoJfln
Turn * OH Thin Point isolate
ol GnrrlKim Involve * 11
Slnillnr I NX lie.
According to the terms of a decision
handed down by Judge Koysor there cnn bo
no question about tlio legality of n marrlago
nl common law. This question was passed
upon In the case of Elizabeth ,11. Bates
against Daniel McGucktn and others nnd
was brought up In a mortgage foreclosure.
Daniel Mcauckln Is the owner of "property "
In South Omaha. Including a hotel , upon
which , some years ago ho secured n loan
from the Ilatcs'Smlth company of this city.
He defaulted In his payments and some tlmo
ago foreclosure proceedings were Instituted
by Elizabeth II. Dates , to whom the
mortgage had boon assigned. Shortly after
the commencement of the suit. , * lrs. Mo
Uitvkln Illed an answer to the suit , alleging
that she was the common law wife of Daniel
.Mcauckln and that the mortgage for $3,000
upon the hotel property had been secured
without her knowledge or consent. She
also alleged that whlln no marrl.igo ceremony
had over been performed , she had lived with
Mutluckln as his wife for years and that the
property which the plaintiff was seeking to
secure was a homestead In which she had
an Intel est. Issues were joined and the case
went to trial , but the decision was not
handed down until now.
In pafcslng upon the case , Judge Koysor
held that the fact that the couple had lived
together for \cars and that thcro wc.ro
children who were the Issue , there v an an
Implied marriage contract , and that the
wife had an Interest In the homestead. The
mortgage was held Invalid. The case will
be appealed , as It Is the- desire oftho
plaintiff to secure a ruling of the supreme
court upon this question.
FIGHT KOIl GAHHIOAN'S ESTATE ,
The contest for the possession of the prop
erty of George W. Garrlgan , deceased , Is the
cause of some Interesting litigation In the
county court. Garrl Gii died April 7 , 189(5 ( ,
leaving property of the value of $4,500 , a portion
tion of which was cash. Shortly after his
death Susan Blades , a sister , and Emma
Klch.irdfion , a niece , Instituted proceedings In ,
tlio county court , alleging that they were
the only hclrs-at-law and cnnbcqucntly were
entitled to the iwoporty. Soon afterVPafl
Elbabeth Coyle Hied her petition In the
county court , alleging that she was the
laughter of Garvlqan , with whom her
mother , Cora Garrigan. had lived for some
twenty odd years without the formality of n
nurrlago cctoniony having been observed.
Cora Oarrigan , the motl.cr In the case ,
alleges that the facts bet out In the petition
filed by Elizabeth uio true of her own knowl
edge and In addition eh" says that for moro
than twenty years she lived with Garrigan
as hla wife , SL'paiating flam him sonic flva
yearn ago , after which he legally married a
wife who Is now dead.
The sister and nleco of Garrlgan allege
that Elizabeth Coylc Ix an Illegitimate child
ana Is not entitled to share In the property
that Is the subject of the litigation.
.11 Oil 10 I'AVIMVOIUC IS I \.TI.\EU.
.IninI-M Coiiolly Stojis tin * Iiiiiirnv.cment
uii South Sixteenth .Street.
The South Sixteenth street repaying baa
been tied up In the courts and It la con
sidered doubtful whether the street will bo
Improved this fall , as was contemplated by
the city council some time ago when the
contract was awarded to Hugh Murphy.
Yesterday afternoon James Conolly , a South ,
Sixteenth street property owner , appeared In
Judge Ke > sor's court and secured n tem
porary restraining order to prevent the con
tinuance of the work that had just been
started. The hearing on the order was set
for November 15 , at 8:15 : a. in.
In his petition for an 'injunction Conolly
alleges that the petition for rcpavlng Is not
signed by a majority of the street frontage
and that It Is so late In the Beacon that/ the
work cannot bo completed before winter seta
In. Ho further alleges tint to pavti the street
now would be detrimental to the Interests
of the property owners , as the cold wcalfacr
would cause the pavement to crack , thug
shortening Us life.
Kliinnunii liih ( Vim Ktteii.
In Judge Dickinson's court the time-honored
case of John and Julia Flanagan against
David a.nd Emma Van Etlen Is on trial , hav
ing como back from the supreme court , wbcra
the judgment In favor of the defendants for
$592 wah affirmed.
Ity some legal proceedings the plaintiffs
succeeded In getting the case back Into the
district court and the trial la running a'ong
with a prospect of continuing for some days ,
at least. The Flanagans , who are colored
people , allege that they arc Illiterate and un
able to read or write. They charge that some
years ago they owed Jrilui W. Howcll $100 ,
and In settlement of the claim gave what
they supposed was a note for $100 , secured
by a mortgage on a lot In Uoyd'a addition.
They also allege that In duo course of tlmo
tlio note became due and that then and for
the ( list tlmo they leained that the encum
brance was for $500 , or $100 more than they
owed. They clurgo that the Von Ettens
manipulated the deal by which the debt wn
Increased.
.Inline llnUcr n ( rnplllliiii.
Judge Baker of the criminal section of the
district court went to I'lollllan yesterday to
convene the fall teim for Sarpy county , which
Is likely to be In tcbslon for at least two
weeks , as thcro uro a number of Important
cases that are cited for trial. In the mean
time few , If any , criminal canon will b6
tried In this county.
Before starting for Sarpy county Judge
Halter had an understanding with Judge
nickliihon by which the latter will try the
state COBU against cx-lleputy City Treasurer
Coulter , who Is charged with defalcation ,
committed whllo he was In the olllco with
Henry Holln , who wa city treasurer , who
was accused , tried and convicted of stealing
over $115,000 of city funds , Whllo the Coul
ter rase may not como on for trial at thla
time , It Is probab'o that It will ho called next
week , as the notices of trial have been nerved
and the Ihsucs joined.
JVnteN front tin ; CoiirtH.
0 , Hormanco has secured judgment for
$191 05 against Dennis Cunningham ,
A new jury to tcrvo during the ensuing
three weeks of the present term of court wua
called today.
W. ! ' . Uurley has been appointed guardian
ad lltom of the minor children of A. C.
Powell , deceased ,
John A. Crclghton has Instituted suit In
the district court to recover on a note ( or
$1,000 , executed by Patrick Ford.
Owing to the fuel of u new jury being ;
called today no law cases were put on trial
In the district court yesterday.
In the oM divorce nano of Cocoran against
Cocoran , that has been on the court dockets
for a number of eara , a decree has been
granted , signed and filed.
Minnie K. Powell has aiked to be appointed
administratrix of the ratuto of A. 0 , Powell ,
deceased , November 23 him been aet cs tbo
date for healing the allocation.
Aflldavlts showing that W , S. Sebrlng waa
a member at the World Mutual Ileneflt asso- .
clatlonSWfee tlmo of hU death ] myo been
filed. Thoacfemlant alleges tuor3
died Bcbrlng was behind In tnmo
ecaimenti , w
There l no feed of little children
tortured by sold head , eczema and
eruptions. Do Witt's Witch Hazel t
lvea Instant relief And cures peraaneutl.