Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 20, 1897, Page 5, Image 5

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THE OlSrATTA DATLT BEI5 : SATVRDAT , NOVEMBER 20 , 1807.
BOLLS CASE MOVES FASTER
Lawyer * on. Both Sides Posn the Trial
More Spoedilj ,
EVIDENCE BEING RAPIDLY PRESENTED
Vv > tlllnRn flic Stand Give * In
lc of PletircK Concern-
I U tinniiHlnfii of tlie
rtrnt 'Icrm.
Good headway Is being made In the case
of the etty of Omaha against the bondsmen
or Henry Bollu , cx-clty treasurer , now on
trial before Judge Slabaugh and a Jury ,
wherein the plaintiff seeks to recover from
the defendants the cum of $ $5,509.73 , the
amount of Ilolln'fi alleged defalcation during
hi * flr t term of office.
The case slow In getting In shape , but
jrsterday the attorneys commenced to push
the trial. Louis E. WotUlng , the city's
expert accountant , who ascertained the ag
gregate of the alleged shortage , and who
was on the witness stand a greater portion
of the time for two days , was re
called this morning and testified to the de
ductions made from the books and other
rceorJa of the office of tha city treasurer.
Ytntcrday afternoon Louis E. Wettllng.
cxpi-rt accountant , who was nmployed
by the city In checking up the books
of. the city treasurer's office after the
dcfalcatlta of Henry Bolln wns discovered ,
was called by the prosecution. He said that
Jio had examined ell of the books In the office
and had made schedules of all of the dla-
burseman s and credits to which Henry Bolln
wa rntltled. His conclusions had been
reached from an examination of the recorda
and copies of the Mter press Impression
l ook There was no correct record of war-
ran'a paid , nsldo from this letter press 1m-
pivslon book.
The first schedule presented jesterday
was for the purpose of showing the credits
to which Henry Bolln would be entitled on
the refund of cltj- funds during the flral
'enn This schedule went to the Jury over
the exceptions of the attornej-s for the
bondsmen and showed the following First
3 car. $7,32239 , second jear , J30.0S5.33 ; total ,
? 37 0 72.
Th - BHcoud schedule presented to the court
and the Jury was for the purpose * of showing
, the credit * to which Bo.ta was entitled on
the distribution of the general tax levj
collet-led , , belonging to and ultimately turned
Into the school fund rirst jear $30,05082 ,
EECond jcar $3191175 Total , $101,962 58
TUo thud and last whodule introduced be
fore the noon adjournment was the one
rhowlng thf > school propertied of the general
fund not distributed during Bolln's first
term The amount was $73508. allof which
accrued during the month of June , 1893 ,
Therp are Borne twenty more of these
echedu'es which will be introduced before
Expert Wettllns leaves the witnecs stand
a d as each wlH occupj from one-half to
tbreo-quartc-rs of an hours time , it is ap
parent that the prosecution will cot clo e
Its bide of the case as soon as WES pre
dicted jesterday afternoon In each instance
tbo Introduction of the schedule Is fought
bj the detent that a record may be made
for the supreme court , in the event that
tb < > case should go there , which now seemo
quite probable
ATTORNEYS STRIKE A SN'AG
At the afternoon session of the court the
attorneys struck n snag and after the first
hour little progress was made
On the convening of court Expert Ac
countant Wottllng went upon the stand and
further detailed the credits to which Henrj'
Bolln was entitled during his first term of
ofllco as city treasurer , thej being the dis
bursements during the two jears. He pre
sented a summary , of which the following Is
a oopy.
"Wirraifa piid $3.004X1 9C
Bonds and coupons paid 1,070,115.00
Commission , exchange and Inter
est on overdrafts 1,103 1G
Ttefiinds 37,410 72
Board of Education proportion of
seneral levy 101,90137
Plstrict grading bonds canceled. . 2,50003
Board or Education proportion of
general levy not distributed . . . 733 OS
Total „ . $4.899.271.49
The summary having been introduced in
evidence the attorneys for the city next of
fered in evidence the bank balance books
kept in the city treasurer's office during the
two jearn of Bolln's first term To this offer
the bondsmen objected and arguments fol
lowed , consuming the entire time until the
adjournment of court.
The nttornejs for the city contended that
they offered the bank balance books for the
purpose of showing the amount of money that
Bolln had in the national banks of the city ,
the depositories designated by the city coun
cil , at the end of his first term.
Attornejs for the beadsmen insisted that
these bocks were not public records and that
for this rej sou were not admUsa.'ble in evi
dp ace contending that the books of the
icks ! a which the money was on deposit
at the time were the bast evidence They
urged that these balance books constituted
secondary while the books of the banks
would be primary evidence. The contention
was also made that the bank balance book !
were not accurate , In this that thej- did not
bow the exact amount of money on deposit
and that they were not books kept by Bolln
or anj etcploje of his office , but , Instead ,
were made up by clerks in the several
banks in which the money was kept They
Insisted that the books did not show the ex
act transaction * as they occurred and were
fa so to the extent of from $20,000 to
$40,000.
WOULD EXPLAIN' DISCREPANCIES.
The attorneys for the city argued that If
there were Inaccuracies la the bank balance
books , such Inaccuracies would be explained
to the satisfaction of the court and jury
when reached. They also urged that -while
eucb books might not be such records as
are designated by the lawa of the state and
the city charter , they were books that were
nccesstrj in the office in order to show the
balances on bend.
The court took a hand id the argument
and dUcussedi the proposition , Eajlcg that
anile he recognized the fact that the books
were not required by any provision of lawt
he waa of the opinion that they were ncc-
egsarj- and proper and In some respect !
would b regarded as a public record.
The hour for adjourrment havingarrlvet
end the arguments being uncompleted , the
court took a recess until Monday morning
t 9 30 o'clock In the meantime the jury
will be under the direction of the bailiff
The twelve men will be kept together anc
will be walked about the city that they
may have some exercise When not BO ex-
prclilcg they will .be locked In their room ,
UU Y Aviinni-nit'.s ESTATE AGAIV
Admlnlutrntor'H Siult to Cunii > el llpntl
liillon COIIH-K t.'ji
The case of IsaJc Adams , guardian of Ber
Glfndower Wheeler , orphan of Bert Wheeler
is cu trial before Judge Scott and is llkelj
tooccupy considerable time. This case ha
been through the probate court and now
readies the district court.
Tor two jears prior to January 4. 1E94 , J
W Hlltr was probate judge of this county
During that period of time both Bert Wheele
and his wife died , leaving a son , who upou
the dO'th of his parents was only about '
jixirs old. As proNite judge the affaire o
the cstatn came before Jndge Eller fer set
tlcwtut. There was propel ty of the value o
about $2,000. In getting ready for the set
tlcment Ellttr appointed I. C , Bachelor at
torney and GJS Hamel , a crader , as admin
IttrstornJ guardian. Aa such officers o
the court , U U chirged that Eller conspire
with thi'ui and upon the date of surrendt-rln ,
the office to Judge Baxter ha induced tli
Joan of $1,450 to bis brother , Joshua Eller ,
tlTtet car driver The security offered fo
the loan wan a quarter section of land In tb
sand hill country. In the southwestern portion
tion of the state
Uptti Judge Baxter assuming the dutie
d the office he at once removed all of th
officers appointed by Eller cud appointee
Isue Adams to look after the affaire of th
estate Adams at once commenced suit , al
fraud and conspiracy upon the part o
of the parties connected with the forme
Far Itrntut uf u
In Judge Dlcklnson'a court the use o
Johnson acalnst Anderson Is on trial befcr
a jury. Xbo.auke cauuu from torn vk&itjr o
Arlington , where Johnson owns a farm thst
3e at one time Iroaed to Andersin , who EOF *
to rcporcr an alleged debt of f 400. a balance
dee on a lease
In making defense the defendant alleges
that U Is true th t lie leased the ( arm and
thereon p'sred horses faille tnd machinery.
He says that he raited 4000 bushels of corn ,
that 3,000 bushels -were taken br the plclntlft ,
who also took the cattle , horses and machin
ery as his share of thi profits. Not content
with this division the defendant tars thai the
plaintiff now wints him to piy J400 addl-
to square the transaction.
GOLD CHUSK IX A3IOnTGAGE.
I'lnnnrlnl Qncvtinn Involved In n Snlt
llcforc Judge Scolt.
A case that is attracting considerable at-
cntlon Is on trial before Judge Scott of the
equity court U Is entitled Emily n. Tal-
mage against Anna M. Althaus and others ,
he others being a husband and some subee-
uent mortgagees. The salt Is brought to
oreclose a mortE Ee for $1,000 , given by
Imlly n. Taimage and her husband upon cer
tain property In this county The legal fight
s duo to the fict that by the terms of the
rtKage the notes that are secured are made
xtyablo In gold coin. The defendants conI
end that this provision causes the notes cad
uortgage to be void , as It Is contrary to the
irovlslons of the land to provide that a debt
hall provide for Us payment In anything
other than legal money of the United States.
One feature of the case that attracts at-
entlon is the attorneys end the positions
bat they occupy , relative to political prefer
ences , V. O. Strickler appears for the plaln-
Iff i-nd Is known throughout the state as a
arnpant Rllverlte. In this Instance be U con-
ending for the validity of the debt and 's '
upholding the gold standard In every partlcu-
ar Tor the defendants J W , Eller appears ,
nd both publicly and privately he makes no
effort to disguise the fact that he Is a gold
republican , but In the ease at bar he argues
or silver with a vim that would shams the
most ardent supporter of the white metal ,
Vitc- from the Courli.
In the suit of Charles F. Lund against the
city of South Omaha , on trial In Judge Pow-
ell's court , the Jury has found for the plainj
HIT and has returned a verdict for $ S64.S7.
Tde plaintiff sued for $4,000. alleged damages
on account of a change in the grade of Twen
ty-fifth street.
Judge Keysor has confirmed the sale of
certain assets of the German Savings bank.
made bj the receiver and bought by Lorenzo
Srounae. The property sold consisted of some
$5J,000 ( wor'h of old book accounts , Judgments -
ments and notes that were either outlawed or
considered worthless. For this property the
receiver received the sum of $603
The case of Joseph Gabell against Swift and
Company of South Omaha has been tranc-
ferred from the district to the United State *
court The plaintiff secured the transfer , al-
eglng that it was a non-resident corporation
ind therefore was entitled to the transfer
The plaintiff was emplojed in the packing
louse at South Omaha and was Injured while
In the performance of his duties He sued
for $5,000 damages
Iloxv to I'retfiit Croup.
"There -nothing in the market that equals
Chamberlain's Cough Remedy as a preventive
of croup , " says Mrs S Falrall , Newcastle ,
Xatal "Once mj babj- was suddcnlj attacked -
tacked with croup and it took onlj a few
doses to completely relieve her I hive- also
used it in verj severe cases of bad colds
and inflammation of the lungs , and the i
effect was reallj wonderful. I keep It constantly - I
stantly In mj houae and cannot praise it too i
much for the good it has done my family in I
tnanj- instances " j
Mertliitt1 r I nttjClnli. . ! )
The Unity club , which has recently or-
cranlzed for the in Inter , met last night at | I I
the residence of Tuomas Kilpajtrlck. 410 ,
North Twenty-second street. Several re- I
lorts were made on assigned topics all on I
: he general subject of modern European !
civic bis ory , which mill occupj- the atten
tion of the club during the winter. "The
MoJern Administration of a British Cltv"
was discussed bjJ \V Roudebush. He
took Glaf ovv as a specific instance and
mentioned the gratuitous service of the
aldermen and the WM ! government of the
police department. The public ownership of
such enterprlsfs as the waterworks and
street railwaj-s was noted and it > * as stated
tat because of ti e revenue derived from
these sources the people were subject to no
city tax wha ever
A paper i.vos also contributed bj- Charles
C Kosewater on the "Mechanics of Cur
rent English Legislation" Mr Rosewater
described the machine , of government and
the methods of its operation The powers
and duties of Parliament were analj-zed and
mention was made of the peculiar posi ion
of the British cabinet , existing without
legal status. The club will continue the
work outlined on every other Friday even-
English , Local Government" was treated
by ilr. Herring. He explained the func
tions of the countj- council and the gen
eral civil managt-ment of the smaller gov
ernmental divisions.
At ClirvHiiiidiriuiiiii Club.
Unusual attractions will be offered at the
chrysanthemum tftow todajIt being the
closing dajof the display. A fresh supply
of blossoms will be furnished both from
local sources and elsewhere The Omaha
Zl her club has been engaged for two con
certs and an additional musical attraction
will be provided It Is the purpose to dis
pose of the plants and cut flaers during the
day at whatever price There are 2,000
chrysanthemums and numerous other plants
which must be turned in-o funds for tne en-
tertalmnent of the coming florists1 conven
tion.
MUnt Cox in ON Club.
A -meeting of the Silent Cosmos club was
held last night at 34B North Thlrtj-eighth
stieet The club is composed of deaf mutes
who assemble everj' two weeks both for a
coed time and. to keep Informed on leadlne
questions of the day La-n nlgh.t a lecture
was given by Mr Comp , the president of the
club , on "Cuba. " His thought 'A as pre
sented In a graphic waj' and the expression
of H proceeded nearljas rapidly as in or-
dlnarjconversation. . The membership of
the club IH fourteen and other officers are.
Miss Crawford , secretary , and Miss Cornish ,
treasurer.
In lb5O "Brown's Bronchial Troches" were
Introduced , and their success as a cure for
Colds , Coughs , Asthma , and Bronchitis has
been unparalleled.
UNABLE TO FILL ORDERS
Many Manufacturers Cannot Handle the
Business Doming to Them.
OTHERS DECUNE TO MAKE CONTRACTS
Ontpnt In Severn ! Imlnitrle * Grentcr
than K\cr Knotrn nni ! Unnlmtcd
CaiiHilcncr In IllK Iliml-
Ycnr.
KDW YORK. Nov. IS. tl. G. Dun & Go's
Weekly Re\lew of Trade nlll say In Its
issue of tomorrow
All markets and nil Industries are work
ing toward the period of Thanksgiving , of
1 "lock taklnu and of holldas-s. Colder
weather ha done much 'o accelerate retail
i trade , so greatly delayed In many lines by
unu ually mild and open weather. The pro-
I ducln ? force Increases on t > ra whole , and
many manufacturers are unab'.e to take all
1 the orders offered , while others are commlt-
< i ted as > far ahead as they arc willing to bo.
The output In several great Industries Is
I considerably the largest ever known and 'he
| confidence of great business next year Is
unabated
Hesitation In speculative market * Is In part
because an Immense capital has been turned
from them to iniestment in productive , en
terprises
W-eat has advanced a cent during 'he
meek and small -fluctuations have been due
i to reports about Argentine , rather than to
j the heaviest exports evtr known Atlantic
j i exports , flour Included , hae been in three
I weeks of November 9.79.3-)3 bushels , ngalnst
B.052.105 bushels last year and In the crcp
year thus far over 800 , OM bushels , ahile
i the -western receipts ha\e been in three
weeks Zt213CTO bushels , against H.TM.S S
bushels last > ear. Corn exports have been
7,101,014 bushels , acralnst C.441.C6S bU'hels lat
year. Cotton declined to 3.S1 cents witll
heavy receipts , but closed n. 3.S7 cents , \\lth
i better foreign demand and with fro ts which
j hae lessened the prospect of a. heavy mo\ -
1 ment later
Iron products have chanced but slightly In
I p'rice , with wire- nails and rods a shade
.lower , and while the consumption of pis
I iron I the larcest ever knoa-n , works li
< ome branches are receiving orders equal to
I -heir output , while others have orders so
for ahead that they are unable or unwilling
I ' to take more There Is les activity in bars
{ ' at the east , but a healthy demand at the
nest for manufacturing , car building and
other uses , and rails are In larger demand
I there , while some eastern works ha\e re-
I cen ly taken orders for months ahead
Sheets are active and competition reduces
j i the price of tin plates a little furtner Grey
| > for e is sllghtlj loner , with eastern and
Chicago prices unchanged notwithstanding
| the great outpu . and stocks are being fur-
ther reduced The coke output was 150.5S7
i tons for the week , with furnace selling at
iJl To for the rest of this > ear Anthracite
coal continues weak , with sales at $1 net
here , he production In Oc-tobf r having been
r > 12iKM tons. Tin Is sustained by large con
sumption , lead Is a little loser at B " " > and
a break In spelter has reduced tine price at
Plttsburg to f4Qj
I The w oolen market Js embarrassed by the
deUy of n Inter -w either , which re ards or
ders from clothier0 , although most works
have enough for some time ahead , and while
cold w eathpr and active recall fade w ould
, aulckly bring a change , prices of wool are
I so high that some mills ha\e stopped ( part
of their looms Cases are mentioned of mills
whlcVi could realize a prcflt of XX > OKI to
SSOO.O'IO b > selling the wool thev hold , bu"1
can expect none by manufacturing at cur
rent prices 'Wool markets have become
stagnant and sales are almost wholly ttj
realize cp"culatl\e profits , amounting at the
three chief markets to only 4,213.frM pounds
for the week. Co'ton goods continue weak
as raw material declines and goods are
rather lower
Failures for the week ha\e been 2C7 in the
United S'ates , against 334 la t year , and
thlrty-tw o in Canada , against forty last
J ear.
REVIEW OP THE STOCIC M VHKET.
All Specnlntlon Sc-t-iiiN to lie
NEW YORK , Nor 10 Bradstreefs re-
\iew of the stock market will say.
Dullness has pre\ ailed in the stock mnr-
ket this week , but there Is a decidedly
better feellnc , and prices have impnned
all around The most conspicuous feature
was the strong undertone of speculation.
Bearish operators w ere unable to make any
impression on prices , and at declines stocks
seemed to find support although there was
little \ldence of active manipulation by
large operators or bj bull cliques London
sold our stocks during the early part of the
week , but later bought to a slight extent
Commission houses were not acthe , and
the market was dependent in the main
upon professional operators.
The latter class has , howe\er , shown
a disposition to work for the time being
on " the bull side , and the prevalent ilew
in "Wall street H that the market Is llkelj
to remain dull , but without any -very
marked declines , until the meeting of con
gress , when its course will be decided bj
the character of the president's message
and the attitude of the national legislature
touurd the currency and Cuba
It should be mentioned that the change
for the better In the Cuban situation , so
far as the relations of the United States
and of Spain are involved therein , is gen
erally credited with being the principal
cause of the Improvement in speculate e
feeling.
A noticeable feature of the general finan
cial situation Is the large demand for high-
grade investment bonds The market for
such securities is exccptlonallj strong at
pres-ent , and It is understood that con
siderable amounts of bonds answering to
this description are constantly coming this
way from London , foreign holders being
Induced to sell them by the higher prices
The arrangements by which the Union
Pacific payments will be carried out with
out any risk of disturbing ! the money mar
ket creates a favorable impression , but
can hardly be gold to hate exercised any
speculative Influence.
Sugar was the most Important feature of
the share list The chief influence in con
nection with the stock was the expected
decision in regard to counter\ ailing duties
on refined sugars Imported from Holland
Some attention was also paid to the re
port that the governments of continental
Europe are negotiating with a view to the
general abolishing of sugar bounties.
Among the granger stocks Burlington at
tracted the greatest attention The coal
stocks were steady on the reported agree
ment of the companies to hold the pro-
You IlUe to look at pictures everybody
docs We're somethinR now that Is real
ly worth soelas carbon photos elegant
reproductions from the originals by the
most famous ancient and modern mas
ters We take great pleasure In showing
tlesefor , wo know there never has been
such a display of flue art ever shown
In Omaha before We arc also -showing
the latest newness lu frames fancy and
ornamental frames In the oval and
square shapes also new moulding- , from
which wo make frames to order at
prices that are much lower than
you've been In the habit of paying.
A. HOSPE ,
glSlCOIlAn. | ! ! 1513 Douglas
We're not much on skates , but we are
right at home wheii It comes to teeth
We can pull them If they must come
out although we'd much rather save
them for you and we have a way all
our own of filling treth that's pretty
apt to keep you from having urtltlel.il
teeth-our small gold nillugs are 52.00-
sllver and gold alloy $1.00 yet If they
miibt come out , we'll do It eai > y no pain
no gas and furnish you a set of our
thin elastic plate sets for ten dollars-
there never has been a plate that could
equal this for comfort action and nat
ural appearance no one would over
suspect that you had bought them We
have a lady attendant
BA ILEY ,
U Yearn 3d Floor I'uxton Dllc.
Itxperte&ce. loth and Faro *
; .sa = j i\ * _ v .
IIRADSTRCCT'S JIISVIEAV OF TR IDE. I
Some Imiiroieiu ' ntutcil In Ccnlrul
Wt'slorn il
XEW YORK , Nov. 19. Bradstreet's to-
morrsw will say
There is a moderate improvement in
staple prices and in the distribution of
woolen goods , shoes , "hats and hardware
In the region tributary to Chicago St
Louis Kansas Cili. and. .Omaha. In South
Carolina , Terne = see ami Louisiana jobbers
report a moderate : movement in demand
from Interior merchants , which represents ,
some of the business delajed bj- yellow
fever quarantines
Trade reports from Georgia and Texas
are quite irreg-ular Some cotton planters
are eompelled to sell cotton at a loss to
meet advances made earlier in the sea
son and have little or no surplus with
which to buj" merchandise. Others , no-1
tabljin Te\as , contrive to hold cotton ,
which delaj's mercantile collections , and in
some sections has an unfavorable Influence
Colder vvt-ather northwest and in the cen
tral Mississippi and Missouri river vallej's
has helped rail trading.
Manufacturers of iron steel , agricul 1
tural implements , rallvvaj' cars and woolen
eroods report an active demand and large
output , although the appearance of specu
lative steel has resulted in we-akpning the
price of billets and a like tendencj on the
part of Bessemer pig iron Hicher prices
are recorded for wheat , corn , oats , sj-rup
hides , leather , she s and for turpentine
The reaction in iron and steel is likely
to be followed bjan advance. If. the pres
ent rate of consumption continues Lower
prices for w heat , flour and pork are ex
pected to recognize the advances on wheat
and Indian corn , so that lower prices for
copper is practicallj- the only important ,
decline in the week.
Wheat exports show a heavj' Increase I
alike over last week and last jear , and
with one exception , that of the second i
week in September , 1891 , is the largest
single week's total on record The total
exports of wheat ( flour Included as wheat )
from both coasts of the United States , and
from Montreal , this week , aggregate CC37.- i
731 bu , against 5,443,542 bu last w eek ,
3,937000 bu In this week a jear SKO. 2,910- i
< M bu in 1M)5. ) 3312.G73 bu In JS < M. and I
2.7 .01sO bu in 1S33. The total exports in
the second week of September , 1S91 , were
0,974 000 bu.
Corn exports also show a gain , HffKTO-
patlnc 3.209,790 bu. for the week , against
2,973 721 bu last year. 1.743.00J bu in 1KI5
and mOOO bu In 1S94 I I
There are 235 business failures reported i
throughout the United States this week , ] I
compared with 273 last week , 309 In the j '
week a year ago , 323 two jears ape , sal I !
three years ago , and as compared with Z5S
In tffe like week Jn 1S93. I I
"pO give more than Is promlseJ has always been the practice
I of THE COMPANION. The two hemispheres have been
searched for Attractive matter for the Volume for 1898 ,
and the contributors for the year include not only popular writers
of fiction , but some of the most eminent Statesmen , Sdrntlsts ,
Educators , Explorers and Leaders of Industry-
.THE.
. . . .
YbVTH'3
lor nil tlio 1'nuilly. fi'J Tlnion n Year.
c ? The following partial list of contributors suRtests the many
fascinating features secured for next jcars volume :
Distinguished Writers , Story-Tellers.
Vu RIGHT HON.W.E. GLADSTONE. RUDYARD KIPLING.
VV
V THE DUKE OF ARGYLL. OCTAVE THANET.
( J HON. HENRY CABOT LODGE. I. ZANGWILL.
HON. JUSTIN MCCARTHY , M.P. MARY E. WILKINS.
HON. W. E. GLADSTONE. V HON. THOMAS B. REED. W. D. UOWELLS.
THtCIH THTOrtlVINOtNSll9 MtH TOKTHt nrTM Iffs HON. GEORGE F. HOAR. FRANK R. STOCKTON.
THE YOUTH 8 COMPANION TMt COMPUMLHT or mmi < s > LILLIAN NORDICA. MRS. BURTON HARRISON.
1HROUCM ITS COUlMNt TO TMt ftOPLt Or AMtRIC * . Ifff
f PROF. N. S. SHALER. HAYDEN CARRUTU.
And more than oae hundred others.
A new Companion Is Issued every week in the year , and each number contain1 ; an amount of reading-matter
equal to that In a ismo volume of one hundred and seventy-five paces. Few books can be found that have the
variety , interest and value that characterize THE COMPANION.
GOLD EMBOSSED HEW SUBSCRIBERS ha will cut out this slip anJ icnJ It at once , with turoc anJ
nWress , ani $ i 75 , will receive
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TIES YOUTH'S COMPANION , aoi Columbus Avenue , BOSTON , MASS.
South Omaha Nsws
Oommission-r Ragan of the state supreme
court has just handed down a decision nhith
was taken to the supreme court on an ap
peal and nhich concerns several South Omaha
parties. The action was brought u > Peter
Head against Jacob Levy and others to re-
cc-ver for an illegal attachment Hsued by
Jacob Levy \\hen ho was justice of the peace
In his opinion Commissioner Hag.in takes
cx-tasion tu tr.Uc'c'e the manner in which
justice is dispensed in South Omaha. He
sajs Tns record re\eals a condition o ! af
fairs calculated to bricg into disrepute the
administration of justice. It appears that
the suit of Hair against Head -was brought
before the justice of the peace on January
24. 1S93 , and on that datu the justice Issued
an order of attachment against Head's prop
erty ; but the affidavit for this attachment
was not made until three dajs later , and no
undertaking in attachment papers appears
to hate e\er been executed Co Januarj
27 Head made an application for a change
of venue , and on that day and after such ap
plication was made , or the justice knew it
was about to be made , a subpoena was Iseued
for three witnesses named therein The jus
tice's filing mark on the back of the eub > oena
shows that it was returned and filed on Jan
uary 2C , or the day before it was issued
The plaintiff in the action makes a so-called
afSdaUt on the back of this subpoena that h °
had sened the same. This is signed on Jan-
uer > 27 but there is noenue to the affidavit
The record leads to the conclusion that this
justice of the pcace issued an order of at
tachment against a citizen of the state w ith-
out an undertaking in attachment having
been executed After the defendant made
application for a change of lenue the justice
conspired with the plaintiff and Issued a sub
poena for three witnesses , not one of whom
is ihown to have known anj thing about the
pending case who were in a saloon near b > ,
for the expr ss purpose of increasing the
costs which Head would have to pa > in order
to obtain this change ofvenue. . This was an
act of malfeasance for which , this justice of
the peace ought to be Impeached , if not prose
cuted criminally One other thing in this
record requires attention at our hands. Head
supported his application for a change of
% enue on the ground of bias and prejudice
against him of the justice Levj , but in this
"ame affidavit he swore that h = could not
have a fair and impartial trial before either
one of the tnomj seven justices in Douglas
county In making this affidavit Head com
mitted perjury , and if his counsel advisfd
him to make this affidavit he should be , dis
barred. It is not usual for this court to In
dulge in strictures such as the foregoing , but
this record discloses a practice that would
put to shame the administration of justice
amoug savages "
Jacob Lny has served several terms as a
justice of the peace in this city and he was
elected again at the recent election
IlUMtl < anrnioiir 1'l.tnt.
Itwas estimated last night that 123000
brick had been laid on the walls * of the hog
cooler house at Armour's Brick laying rom-
menced on this ( building TVednesda } aftcr-
noon and the north , south and east walls
are now up to a height of eight feet Six-
tien bricklajers are now at work and this
number will "be increased next week to about
thirty Armour has at the present time 230
men at work Woiheford & Gould have 100
and Raymond , the plledriving contractor ,
tnnnty-flve making a total of 373 men now
employed at the plant Trenches eight feet
wldo and of various depths are being dug
for the foundation of the beef houte These
trenches are to too filled < \ \ ith a concrete
No matter how fat the turkey. If It's
not well cooked It's spoiled We are
showing something new Jn Roasting
Pans with an attached cover false bottom
tom and patent ventilating ends your
turkey can't help but be tender all the
juice and nrouiu K left in the turkey
these roasting pan- , come In tlueo Mzeh
at STic , ( MC and 7. > e We Lave complete
carving .sets thiee pieces as low a.s ! > 0c
from that up to the most elegantly
carved handled ones no matter -nhat
the price , vve guarantee every blade to
be the best steel We are just loaded
with the very things that you'll need to
make your Tlmiiksslvius dinner a. t > ue-
cess.
A. C. RAYMER
BUILDERS'HARDWARE
1514 Farnam St.
We're not occuUstp-but just scientific
practical and reliable opticians our
Mr. A. I. Agnew will test your eyes In
such a manner ( hat not the slightest
defect can escaperJiIle our Mr. W. T.
Seotr , vrho has charge of our manufac
turing department can grind the lens
that your eyes require AVe see to it that
the frame ills properly a great deal de
pends upon the proper adjustment of the
traine by coming here you get the best
obtainable i exults for It's to our interest
to glvo you satisfaction ever.time. . . We
charge for our work not fancy pi ico.
but the right price for buch guaranteed
work as we. give you.
Columbian Optical Co
AUTISTIC , 8CIE.NTIFIO A\D IMIAC.
TIAI , Ol'CTICIA.-VS ,
DESVUJI , OMAIU , I A > SAS ClTf ,
ViO Champ * , ZU S. ULh Bu li Milo.
1 composed of broken stone cement and sand.
Several cars of material for this work were
unloaded jestcrdaj afternoon and one trench
was partially filled with the mixture
A circular saw , to be operated by steam ,
was adjusted yesterday afternoon for the
purpose of sawing off the piles In the piers
, of tit hog hnuso , and as soon as this is done
the concrete floor will too put In. After this
is done the construction -will advance with
greater rapidity
vctl tlip Mlero eopNlK
The commissions of five of the assistant
mlcroscoplsts emplojod In the Bureau of
Animal Industry expired yesterday and an
effort was made to Induce Secretary Wilson
o ! the Depaitraent of Agriculture to Issue
new corn-missions to the joung women These
a&sistaut miscroscopists were appointed to
serve nineU dajs , as it was thought at the
time the appointments -were made that the
rush of work would > be over toy the expira
tion of that time The Cudahy Packing
company telegraphed an emphatic protest
against the lajias off of these mlcroscopists
to the department at Washington Itwas
Claimed by the Cudahy people that they have
a large order which must be handled at once
and that the reduction of the working force
at this time would greatly Inconvenience
them.
. \I > i > lnts n Sewer Iiiijii-olor.
The major has appointed Rodle Red
mend sewer Inspector for the new Twenty-
fifth street sewer. According to the ordi
nances .now In force sewer inspectors re
ceive pay at the rate of | 4 per day After
the completion of the Missouri avenue sewer
Councilman Schultz Introduced a resolution
instructing the city attorney to draft an
amendment to this ordinance making the
pay of an inspector $3 per < ! aj The at
torney has not as yet handed in the amended
ordinance and Redmond will draw $4 a day.
With good weather Contractor George Dare
expects to complete this sewer in about
threa weeks
ry for thePolice. .
to the matter of securing a rig for the
use of the police department , the commit
tee on police has ascertained that a suitable
horse can be purchased for $73 , a good road
wagon for $00 and a harness for $18 , mak
ing a total of $153 This is about what the
citj's livery bl'l for three months "would
amount to Besides thifi a shed will have
to be built at the rear of the jail but this
will not cost , much Should the horse and
Drex L. Shooman was a boy once
himself that's why he loves the boys so
much and loves to give them the best
shoe for $ l.r > 0 ever made or sold any
where this shoe U no expeiimeut with
us it's the same shoe we've sold these
many moons the * .hoe witli the solid
leather ' ole the shoe that's built to
wear and at the same time a comfort
able and good looking shoe a .shoe that
equals most $2 shoes offered vve claim
it i& the best $ LuO shoe sold anywhere
so do the patents who have bought them
It's a school shoe that will stand the
haul knocks that It's bound to get If
you've a real live boy at your house
and it's only $ .50.
Drexel Shoe Co. ,
1419 FARNAM STREET
New fall catalogue now ready ; mailed
for the asking. ,
buggj be purchased it will be the duty of
the jailer to care for the animal and vehicle.
Mnirlc Cit > ( inn * ! ! ! .
Davltf Anderson la going to take a trip
to Texas
The engagement of John Rafferty and Sllai
Theresa Parrel ! Is announced
Harvey Colemso o' Greenwood spent jes-
terday In tie cltj visiting friends
C T. Williams of the Postal Telegraph
company has oeen transferred to Omaha.
Contractor McDonald sajs that the addi
tion to Brown Park school will be com
pleted by Christmas
A case of diphther'a at the home of Gu
Rasnvusson , Twenty-second cod S streets ,
was reported jestcrday
Trank Shack , who was stabbed by Edwara
WlliCts , Is reported slightly Improved , but
he is by no means out of danger
J H Barnes of Lincoln , formerly *
Burlington conductor , has been placed In
charge of that company's j ards In this city.
The committee appointed to investigate
the petition for lower telephone rates will
have a meeting this afternoon at the city ,
clerk's office.
The- Washington dispatches announce that
bids for the new postoffice building here -will
be advertised for December 25 It la claimed !
that the structure will be completed bjr.
June. 1S9S
Major Ensor leaves today for Hubbartl
on a hunting trip Ho will ! be gone until
Wednesday A "R , Kelly , president of fho
city council , is in Oregco and the departure
of Major Dneor iwill leave John Schultz ,
chairman of the finance committee , acting
maj or.
There Is no peed of little children being
tortured by sold head , eczema and skin
eruptions De Witt t Witch Hazel Salva
gives instant relief and cures permanently.
"Uniited In Council IIliifTn.
Frank Whitson was arrested Detectives
Dunn and Donahue lat night for an offensa
committed in Council Bluffs He Iswanted
there for the burglary of tine Opera Housa
saloon It is stated that he broke Into the
building and secured $17 in nickels and J7
in largir coin Whl ton does not deny tbn.t
he took the money , but states that he has
IK en employed In the saloon and that bl
offence cui be no more serious thnn u
bleach of trust. He is held as a fucltlvo
from justice.
Costs more worth more , becausepure -
Wrights pure old-fashioned buckwheat flour.
EVEHY ONE SAl'S
Who hare SL-L-II them that nil of our
Clulbtroas Roods are liaudhoiner and
more iL-asouable in price than vve have
eve r bliovvn before '
Why don't you come
and see them it's a pleasure for u . to
show thehe trooils for vve aie pioiul of
the entire stock examine them If you
buy select eatly We will lay them aside
for you You don't have to pay for them
till you set them Why Is It our eimrav-
IIIR department STOWS from day to day
simply because the \\oi\i \ is the best that
can be produced KM ) enslaved vUItlns ;
cards and copper engraved plate for
C ; S. RAYMOND CO. ,
Jewelers ,
15th and Douglas Sts.
Say , but do rush of de dealer * , fur dem
tutbofkers last Monday was a hot one
and de dealers dat dident cum lanOTon1.
day don't no what dey missed it wuz
one of de peed tinss dat only last one
clay , but dad's fioin' ter have anodder fur
you next Monday when yer can save all
kinds of coin you Jeat look fur me Sun
day , deli don't let no srass srovv under
your feet Monday It' as bis a t > nap as
de live-cent Stoeeker clsar Ls to de smok
ers a ten-cent lasho fur a trickle my
phi's soin' ter sive me one of dem fancy
pipe * fur Christmas have jer seen dii
meetbham aud brlur ones dad's showIuV
1404 DOUGLA.3.