- * Tts * - -lV > - * v
THE OMAIIA DAILT BEE : STJNjDAY , DECEMBER 12 , 1S97.
COULTER MAY ESCAPE TRIAL
Ex-Dopnty Oily Treasurer Not Likely to
Fnco ft Jury ,
PROBABILITY OF HIS GETTING OFF FREE
Stntr'n Clilof Wltnm * Out of Hcncli
mill ( lie Mutter In Such 'blutpc-
tllllt II ClIllllllllllMCt' SCCHIH
During the last forty-eight hours certain
things have occurred Indicating that It Is pos-
nlblo that the criminal case against Jerome
C , Coulter , deputy under Henry Holln , ex-
city treasurer , will never bo prosecuted very
vigorously ,
When It was found that Henry llolln was n
defaulter attention was directed to his dep-
tity , Jcromo C. Coulter , and he was arrested
and charged with the embezzlement ot $51-
SOO. Ho was arraigned In police court and
waived examination. Ho waa held to the dis
trict court , and , being unable to give bonds ,
was committed to the county Jail , where ho
remained for several months. Later on he
Bocurcd bonds and was released , after which
ho left the city , returning each tlmo when
the Holln case was called.
Several weeks ago , when the llolln case
was called In Judge Slabaugh's court , Coulter
was on hand and assisted the prosecution In
securing and oruxirlnj ; Its testimony. Ho
went on the stand nnd testified to the correct
ness or the schedules that ho had prepared
showing the Uolln shortage. While this was
going on the case against him was set for
trial next Wednesday and Expert Wcttllnt
was subpoenaed as a witness for the state.
Friday night the case against the Dolln
bondsmen wan completed , BO far as the Intro
duction of evidence was concerned , and 1m
mediately Export Wcltllog departed for K n
gas City , his home and where ho Is em
ployed.
Asked If ho Intended to call ths case
against Coulter next Tuesday morning und
begin the trial , County Attorney" Ualdrlgn
this morning said : "I don't kno.v Just \vnat
I will do In the premises. Wottllug , the
principal wltncis or. which ws rely to piovo
the shortage , nam l&f the ialo mil Is be
yond the Jurisdiction of the court. Ho wll
not return and wo cannot Bring him back
as there la no process ot court Mut will rcncl
beyond the borders ot the stmo anl compc
the attendance of a witness. Wo tould no
prevent him Having the state , as thorrs is no
law by which a wltnoss can bo placci
under bonds to appear In district court after
the case has como up front the police court
"Without Wettllng wo cannot make a cus
against Coulter , as ho Is the only man who
has prepared complete schedules on th
shortage. In fact ho is the only man who
knows much about the case. "
STATE'S IUG.HT EXHAUSTED.
Asked If the case against Coulter couli
not bo continued until the next term o
court , County Attorney lialdrigo replied
"Not without the consent ef > uc dcfo.'st , n
wo have had the three "latutory contln
uances. We are In a puil'ion now where w
cannot have another ccntUuunco unless th
defense and the prosecutl.ji . roach an agn-c
inent. Wo want Ilia rontlnuance , but
understand that the dofctise 'a inxlous t
push the trial. If the trlil Is pushed an
Is forced upon us next week , wo are not I
n position to make a very gojd show ing , bu
wo will do the best iMt we can. "
The attorneys for Coulter declare that the
nro ready for trial and will expose any mor
delays. They say that their client has bee
brought hero several times and at great ex
lienso and that they will not submit an
longer. They say tlmt It the state Is no
leady they arc not to blame. Next Wedncs
day morning they say that they propose t
mpear before Judge Dakrr and that if th
Btato Is not ready by that time they will as
that a polio be entered. _
An attorndy who "has hail considerable t
da with the IJolln case , but who has neve
been connected with It , said : "I don't think
that It Is the intention of the state to prose
cute Coulter. The state has convicted Holln
nnd the city has made a good fight in the suit
ngainst his bondsmen. It is apparent to my
mind that the ends of Justice have been
meted out and the prosecution of Coulter
should bo dropped. Coulter did good work
for the prosecution In the suit against the
Bolln bondsmen and I think that there was
nn understanding that ho should not bo prca-
eoutcd If ho would do Just what he has done.
JI5 worked faithfully on the case and It there
was such an understanding as the one to
which 1 luivo referred Coulter has carried out
his yart of the contract. Mnd ! , I don't npcak
with any degree of authority , but this Is the
way it looks to me.
"Of course Wettllng cannot be compelled
to como hero and testify agilnst Coulter , but
If there had been a dcslro to prosecute It
Kocms to me that some anangemeuts could
have been made by which ho could have been
Induced to remain a couple of weeks longer. "
THOMPSON OW.Nb Ul1 TO VOHflKHY.
1'rlNipiicr AilnillM tlmt HiNHl.stfd 111
l'iTliin WorllilfHM Pnpor.
Informations were filed In police court
yesterday against C. F. Hosmsn rnd Ucrt
Thompson , charging them with forgery. The
iiinn are alleged to have forged a number of
checks with the name of J. W. Cady and
to have cashed 0110 for $ C on the Drum-
inon.t Carriage company , another for $ S on
tjio Diamond restaurant , 220 North Sixteenth
street and another for $7 upon Herman
Sclmeffer at Thirteenth and Hnrney streets.
Thompson was arrested , In company with
"Sopor" Hums whllo the two wore nfnus-
Ing themselves down In the Third ward by
boating Irene Huntlngton , and taking a few
Bhots at a colored woman , lliu men when
brought before Judge Gordon admitted they
had forged and passed the checks , Thomp
son maintaining , however , that he had not
done any of the writing , hut that ho had
afterward secured the money upon the
orlhlcfts fopor The rnon will bo given a
rellmlnary hearing this afternoon. Thomp-
on'n fftCfl was brutacd beyond all recount-
on tiom coming Into contact with a police
man's club while ho was being placed la
ustody.
: i.nvi-.v aimiT THHIII -OCI\C.B. .
rlmmnr * Armlwiietl Ilrforo .Inline
linker to Mnlio Tlirlr rirn * .
Eleven prisoners from the county Jail were
rralgncd before Judge Hiker ywtorday
nornlng and they all denied that they were
utlty ot tht > crimes charged against them.
Stella Green was accused of robbing one ot
icr gucstir. The Information charged that
\ I ) , Johnson visited the woman on No
vember 18 last and that she robbed him of
a watch and chain , valued at $10.
Ruby Smith was charged with larceny
rom the person In th , : . that on November
21 last she robbed F. W. Epham ot $20
Lizzie Mann was accused ot stealing $20
rom the pockets ot Henry Dunn , It being
ihorged that the crime was committed on
November 9 last.
Hay Cameron was charged with going
after tig game nnd that during the night of
November 19 last , whllo receiving the alien-
leas ot George Elscr , a wealthy stockman ,
ho plucked him for $100 , all the money thai
le had .In tils possession.
William Elliott was accused of assaulting
illko Doll 3rd with the Intention of doing
ilm great bodily harm.
Harry Gillian , a full grown man , was
charged with stealing 80 cents from Rose
Cameron by putting her In fear.
Conrad ISeck acswcred to the crlmo of In
cest , and , not being able to give bonds , was
sent back to the county Jail to await trial.
Frcnk Curtis woa accused of deserting his
> ooth , where ho was appointed to serve as a
registrar of election last fall. This Is the
first prosecution ot the kind In the county.
Frank Dctts , a boy 13 years of age , ad
mitted that he was a young highwayman.
Ho pleaded guilty to the charge of meeting
Maggie Sobetzkl at Twenty-fourth street anil
the Union Pacific tmclte and robbing her
ot $1.50. Ho waa ordered sent to the reform
school. The boy stole a bicycle some months
ago , acknowledged the theft and escaped the
reform school at that tlmo by promising to
reform and bo good.
Thomas Turney was accused of stabbing
Wtllard Freshauso last July. There was a
row and the men were ongoged In a fight.
Henry Monyhan waa charged with stabbing
Pat Desmond during the progress of an af
fray that took place on the evening of No
vember 1 last.
.IIJHV TUIAIj IV .MOOUI3S' CASE.
Supreme Court Itulo No. 14 Covers the
Point i\iu-tlj- .
"I am Inclined 'to think , " says a. well
known Omaha attorney who has given the
case considerable attention ! and who has
read the decision of Justice ; Ncrval In over
ruling the demurrer ot relater In the caao
ot IJroatch against 'Moores , "that the attor
neys for the relater arc either Insincere or
they do not know what they nro talking
about. All ithelr 'talk ' a'bout having I'.ho case
won and Intending to have Uie matter pushed
to a final Issue before the court , without the
intervention of a Jury , may eound well , but
It has little behind it. The application for
a 'mandamus ' may bo a matter for the court
alona to pass < xi , buif in Its present status
'tho ' case In point Involves an Issue of fact ;
that Is all there is left to settle , according
to the opinion of JusJ'IceNsrval. . This being
Uio case , the rules of proctlce of the supreme
court provide for a Jury trial. "
Hulo 14 ot the supreme court of Nebiaska ,
under the title of "Trials In Original Cases , "
sajs :
Whenever nn Issue ot fact is presented
for trial In nn original action or proceed
ing a commission will be named composed
of two resident elector.of the state of
different political nilllliitlona , who shall ,
under the direction of the court , select
suich number of persons having- the quali
fications of jurors In the district court as
may bo designated In the order for their
appointment. A venire for the Jurors so
selected will bo Issued by the clerk , directed
to the bailiffs of this court or any sheriff
or sheriffs of the state- , and shall be served
In the manner prescribed for the services
of summons , Said commissioners before
entering- Upon the duties of their ofllco
slmll take and subscribe to Uio oath pre
scribed by section 1 of chapter x , Complied
Statutes. !
I
NOTKS KUOM TIIU KISllUUAl. COURT.
Decree of 'Forot'lonnrc ' INDIUM ! Anuluxt
u 1'arlc I'lni-c Clinrt'li.
A decree of foreclosure has been granted
by Judge Hunger and filed with the clerk
of the federal court ordering the sale of the
Park Place Congregational church property
to satisfy a judgment of $3,113.17 unless the
amount Is paid over within twenty days.
This Is a result of a suit Instituted against
the church by Homer U. Sanford of Con
necticut for the purpose of recovering on a
r.oto. On January 1 , 1SS9 , iSanford loanei :
the church $3,000 and took a mortgage on
the property as security. The note was due
In five years , but was not paid.
Judge Hunger 'brought ' the suit of John
Lute , administrator ot the estate of Ferdi
nand Itclkart , against the Union Pacific tea
a sudden , termination 'by ' Instructing the
jury to bring In a verdict for the defendant
The action was brought to recover $5,000
damage on the life of Uelkart , who was
killed on the road near Paxton in 1893 whllo
working as a section hand.
Mnn , WlfV , ninl Third I'ariy.
C. V. Stortz , living at HOG Howard street
was afrested yesterday at the instance o :
lila wife , who alleges that ho struck her
In the fuco with his fists. Not long1 ago
Stortz lodged a complaint against his wife
In police court , charging adultery will
Cli.irles Moore , n hnckman. The trouble
yesterday arose over this matter. The
jiollco also raided the flat In which the
Stortz family lived and placed under arres
u man nnd woman Hiving1 the names o
Walter and Annie Frfoman. Tney were
charged with being suspicious characters
Judge Gordon rendered his decision yes
tcrdny In the case of adultery In which
Nicholas Yaseir charged ills wife with be
stowing her affections upon one Lyman A.
Page , The ease occupied three days In
police court and on Thursday was taken
under advlnoniunt by the Judge. Mrs.
Yager nnd Pjgo wcro discharged.
Cold , damp nnd disngrocablo yen-ilior is dreaded by.thoso
Biibjuot to Khoinntitisin , for the slightest olmngo iu the atmosphere -
phoro or tomponituro is BUVO to iucrefiso their suffering. A
great ninny who oxporioncn little discomfort from Rheumatism
during the suminor uro likely to believe thomsolvod rid of the
disease , but with the first cold , dump day , their uolieaand paini
return , and soon they find themfiolvos firmly in the grasp
of their old enemy , who tortures them moro than over.
"Sovornl yonra ago 1 was aflliototl with what the doctors
celled Buiatlo Uhetimatiam or Lumbago , Buffering the moat
intensu apony at times , nnd being
conlliiud to my bed about a year ,
although four of the beat physi
cians ( one of whom was my father ) at-
tondcu mo during my illness. They
could give mo only temporary relief ,
nnd 1 think .they tried about all of the
remedies Unowii to medical solonee ,
doaing mo with Btrong inodiclnca until
my stomach gut in tmoh ti condition
jthnt I could digest nothing , and neither
' 'myself nor friends Imd any hope of my
recovery. I was persuaded to try fj. 8.8. ,
and before finishing the flrut bottle , I
found that I had the right vumody. I
continued to take It until it cured mo perfectly. This waa
nbout nine years ago , und I have been in sn'ondia health over
since. J , U. MASSOM ,
Mu > 6ee8bon ) , Tonn.
If you have Rhounmtisra , why not tbiow i.sido rouiodiea
whioh have done you no good , and take ouo that will euro you ? ,
Disappointment never results from the no of fi ift's Specific ;
it always euros Rheumatism because it. u a rtr.l Wood re-n'dy and
gooa down to the bottom of the trouhlo nod forces it from the
system. Every olaim made for 3. S. 8. is based upon what it
has already done cures actually made for many who wcro iu
just as bad condition aa you , perlmp. S. 8. S. is thu only
blood remedy guaranteed purely vegetable ; ono thousand dollars
will bo paid to any chemist who can llnd in 't u particle of pot
ash , mercury or nuy other mineral or chemical ingredient.
Valuable books sent free by Swift SpooiflcCo , , Atlanta , Qa.
HARTLEY'S ' BONDSUE8 DELAY
Second Hearing of the Civil Suit May BeHeld
Hold Back.
NOT READY TO G3 TO TRIAL AT ONCE
AfllilnvIlN to JtiilKc IlluUluxoit
for n Coiitlmmiu-r Till
ATI IT Hie I'lr.st of
January.
It la not certain -that the clvlt suit of the ,
Nebraska against the 'bouilsmcn ot
Joseph S. llarlloy , cx-stalo treasurer , will
bo tried at tills term of court , nor Is It ab
solutely cortiM that the cnso will go over
until the February terra. The entire mat
ter of the postponement Is now In the hands
of Judge Dickinson , who will decide within
'tho ' next few days. If the Case IB tried to n
Jury , it will have to coine on next week It
It Is reached at this term , simply for the
reason that the members ot the present
panel will have served the statutory three
weeks next Saturday night. Some of the
attorneys contend that a special venlro
might bo called for this particular case ,
but this Is considered Improbable.
The suit It will be remembered Is brought
against the bondsmen to recover the alleged
ehortage of some 1500,000 that occurred
during Uartley's term aa state treasurer.
Yesterday Hio attorneys representing
the defendants appeared before Judge Dick
inson and flled a motion , asking a continu
ance of the case over the derm. Attorney
Cowlu conducted the proceedings for the de
fense and presented a large number of af
fidavits In support of his motion. Attorney
General Smyth , for the state , opposed any
continuance and after hearing the affidavits
and the arguments the court stated that the
showing was strong enough for a pcstponu-
ncnt , but whether ho would continue until
> ho next term , or postpone , was a question
hat ho would' pass upon at au early date.
WITNESSES NOT HERE.
Attorney Cowln for the defendants , ths
bondsmen , In arguing for a continuance , said
that ho was anxious for a. speedy trial , but
ho felt that ho could not take up the case
without having the testimony of seine absent
witness. Ho also said that ho had not bad
tlmo to plead to the amended petition that
was flled but two days ago. He tliun read
: ho affidavit of one of the bondsmen , X. S.
Harwood. who Is In Europe. Mr. Harwood
illeged that It would be Impossible for him
to bo In attendance upon the trial If It was
called prior to the middle of next January.
John II. Ames , an attorney In the case ,
ind also n bondsmen , had an affidavit un file
In which he alleged that he was at Wash
ington , detained in an Important suit that
would require his constant prosnuc for ut
least another week.
Attorney Cowln presented his own affidavit ,
In which he alleged that John E. Kvans ,
J. A. Piper , G. M. Ilartlstt , Silas A. Hoi-
comb. Charles A. Wlxon and other parties
wore Important witnesses and thai ihoy were
all beyond the Jurisdiction of the court , and
that it would bo Imposslbls to got thorn here
If the case was called next week. Gnccral
Cowln also alleged that he had an Important
matter to look after In TopeKa , Kan , In
connection with the sale of ihe Karma 1'a-
clfic road. He was attorney for the govern
ment and It was necessary for him to bo
there next week.
An affidavit or a Dr. Kelly related to the
nental condition of Sirs. Mary Fitzgerald ,
one of the parties who signed the bind. This
affidavit was along a. Hoc Indicating that Mra.
Fitzgerald uas of unsound mind at the time
of signing the document. The attorney said
, bat the depositions of these witnesses could
jo taken , but that It would require at least
; hrce weeks.
weeks.WHY
WHY SMYTH OBJECTS.
Attorney General Smyth said that the de
fense had produced but two reasons for ask
ing for a continuance. Coo was the absence
of witness and the other was tending to show
that counsel was busy. Neither of them
would hold under a recent rullne of the su
premo couil. None of the affidavits , the at
torney for tin state contended , showed that
counsel for the defendants had used dili
gence in securing the testimony. Notice , he
said , was served on the attorneys for the defense -
fenso , notifying them that the case- would be
called on November 25 and set for trial on
November 27. At that time a continuance
was granted on account of the absence of
Attorney Ames. Then the case was con
tinued again and placed at the- head of the
call for December 16. Attorney General
Smyth argued that at no tlmo until now did
the attorneys for the defendants Intimate
that their absent witness could not be Drought
Into court. He said that they must have
known the whereabouts of these witnesses
long ago and that if they had had a desire
to secure their attendance they could have
douo so.
Upon the conclusion of the arguments Judge
Dickinson inado the order heretofore referred
to.
CASE COES ACiAIXST HUNTER.
Union I.lte IiiMiiriinoe Company WliiN
nn Important Suit.
Jabez Hunter has lost his suit brought
against the Union Life Insurance company
of Omaha , wherein he sought to recover the
sum of 140,000 that ho alleged was due him
on a contract that to entered Into with the
defendant.
The suit was commenced In Judge Pow
ell's court two -weeks ago and progressed un
til this morning , when It wa taken from
the Jury and a verdict 'was ' returned for the
dof. idavt. Hunter charged that ho entered
the employ of the company as Its general
agent and was to receive a salary and a com
mission on all policies written and that aft
erwards he was discharged and that the
claims against 'the ' company remained un
paid. The defendant denied all of the alle
gations ot Hunter and set up as a defcnac
that ho was In the employ of an Insurance
company of which It , the defendant , was the
successor.
UOW IN ACSIUCUI/rUHAI. SOCIETY.
Mrmltt'i'H Will Oppose
XYIUIniitH1 r.lfclloii.
A couple of dozen of the country members
of the Douglas County Agricultural society
mot at the Doard ot Trade rooms yesterday
afternoon to rcaolvo that they would contest
by every po&slblo means the result of tbo
election by which 0. H. Williams was elected
president of the society. .
' The election occurred n week ago , nnd
was a very lively affair. The fight was be
tween Williams and Oscar Plckard , and thn
former wen by 115 votes to 110. The de
feated clement waa much disgusted , and
various charges are made that Williams rung
In a lot of votes from parties who had no
interest In the success of the organization.
AH this developed Into the meeting of
yesterday afternoon , of which Wolcott of nik
City was elected president and Ulchard
nngolmann secretary. Speeches wcro made
by James Walsh and half a dozen others , and
it waa decided that the election of Williams
Fhould bo contested. Just how this \uis to
be done was not decided , but a committee
conslbtlug of Frank Illbbard , James Walsh ,
E. H. Walker , O. J. I'lckard and Philip Mer-
cca was appointed to consider ways and
mraas and iiuth the matter In the courts In
whatever ehapo they decided was most ad
visable. A committee was also appointed In
each precInH to solicit funds to payftho ox-
< : etisi > s of a legal contest.
Mnilr Thi'iiiNi-lvrH ut lliiiuc ,
Thomas Ryan , narney McCormlck and
John Welch , while slightly under the In
fluence of pomethlng stronger than coffee ,
if raw weary Krlday Highland decided to rest.
For this purpose they selected the home of
John Anderson , 1130 North Twenty-first
street , and. going Into the spare bedroom ,
the three turned In upon Anderson's best
bed , muddy feet , dirty clothes , jags and all ,
Anderson discovered his lodgers shortly
afterward , and , thinking ho hud dropped
upon a neat of burglars , turned In a hurry
call to the police station. The slumbers of
the trio were , rudely broken and they were
locked up at the station ,
Mnrrliiire 1.Iodine * .
The following marriage licenses were
issued yesterday by the county judge :
Name and Address Age.
Henry tM. Carr , Chicago . . . . , . , , , 30
Mary B , Sceley , Delolt , WIs 23
austavu Anileraon. Omaha , . 27
Josephlna Gode'.l , Omaha . , , , , . . . . , , . S3
VOTINIJ roil ( H'KKN I'OI.AUIS.
Total Ileliirtift In flip Popular Content
Up Till SnttmlnjMjrlil. .
Following Is tbB rogitU- the loto In tho'
contest for Queen 1'olnrls up till Saturday i
nlKht : a .
CAIINIVAL AND LAGOON NOTES.
According to the orogram , < ts announced in
The lice. Manager Love was on hand at the
toboggan slide yesterday afternoon with a
number of sample toboggans. Cccitraetor
Photos was there , too , ready to make a trial
trip and prove that his part of the work was
perfectly safe. With \\hlzz and a whirr ho
drcpped oft of the top of the high platform ,
shot along the surface of the lagoon halt way
to the Island at the rate of three miles per
second. After that everybody wanted to take
a ride , and the toboggans were kept going
until late last night. Manager Love tried a
ride , and lost his hat , but the momentum
was so great that the hat reversed the order
of things , got In the vacuum acid chased Us
owner to the end ot the run.
Only a few of the toboggans have arrived
as yet , and only two ot the chutes are com
plete , but they are ready for business , and
will accommodate nil who want to cxoerlenco
that falllng-olt-or-a-house-sensation.
The mirror Is In fine condition for skating
and all who enjoy that most healthful of out
door sports can now do 'so ' to their heart's
content. >
These who wish tovisit the exposition
grounds , enjoy a ride on the toboggan or to
try the Ice will find the Sherman avenue or
Twenty-fourth street i cars the most con
venient means of getting there.
The Omaha Curling club .will . hold a meetIng -
Ing tomorrow ( Mondayuevenlng ) at 8 o'clock
at the diotel Millard. All 'Who are Interested
In the ScattUvh national ganio arc Invited to
atten'i. i
Rose Hornsby presented herself at carnival
headquarters yesterday dressed In a neat
toboggan eult. Rose got one * of the season
passes. Now that the toboggan slide Is doing
business , all who ride on it , especially the
ladles , will find that a toboggan suit Is the
proper thing.
C. E. Larson of the Union Pacific yard
ofllco has received a challenge from Rass-
iw < "scn of PrSmo'-t foria race ou-the-lagoon.
Both are well Knownv skaters. The date , "
distance and1 other particulars will bo an
nounced for the holiday season.
Nos. 1C , 23 , 30 and 37 in today's rating
list are entitled to season compllmentarles.
The winners are Miss Agnes Meyers , Jliss
Amy Qernhart , Miss Idalla Woid and Miss
Nellie Gregg. Your address , sent to carnival
headquarters , will bring you the ticket by
mall.
The Afro-American club will start their
voting contest early next week for the
queen who Is to reign on tholr apeclal day
during the Ice Carnival Saturday , January
22. The different churches will have charge
of the ballots and sell them In lots to suit
and as the celebration Is uirfer the manage
ment of popular colored citizens who pro
pose to make a success of the undertaking ,
it goes without saying that the day and
night will be a memorable one. L. H.
Waplcs of 1219 Farnam street will give in
formation to those ? Interested.
It has been' suggested , that a. band contest
bo held during the carnival at which time ,
brads from all parts of the state compete
for prizes. The matter will be taken up
shortly and If found feasable , It will bo so
aonounced.
There will be skating and tobogganing
both afternoon and evening at the lagoon.
J. A. Perkins ot Antiquity , O. , was for
thirty years needlessly tortured by physi
cians for the euro of .eczema. Ho was
quickly cured by uclng DoWltt's Witch Hazel
Salve , the famous healing salvo for piles and
skin diseases. .
LOCAL 1IHEV1TIES.
The Mondamln Choral society will meet
for rehearsal at the First Methodist church
Monday evening at 7:30.
A small blaze In the residence ot Mrs.
Clara Easslre , 1724 Douglas street , duo to an
overheated stovepipe , did slight damage.
Frank Dovault , charged with the larceny
of an overcoat from Bernard Duzenback , has
been seeitenced to thirty days In the county
jail by Judge Gordon.
Fourteen carloads of copper nnd silver
ore and fifteen of lead nnd silver ore have
passed through the customs office for the
smelting works during the last week.
A check for $10 , signed by A. Stuben , In
favor of Fred Tuttlcman , was picked up on
North Sixteenth street by Sergeant Cham
berlain. The check Is awaiting an owner at
Chlel' Gallagher's olllce.
All Saints' Pariah Aid society will hold a
sale of fancy and useful articles suitable for
Christmas gifts on Wednesday and Thursday
next In tbo room under ths Commercial Na
tional bank , corner Sixteenth and Faruam.
Thomas Clark and sftcVIla Knott , while
drunk , engaged nl a hair'iiullliiR match near
the corner of Twelfth ajil [ , podge streets. A
couple of officers who chanced to be on li.utd
locked thorn up. Each was given a dose of
$10 and coats. ( < i *
Dr. A. Holllday , an Jnsnn'o ' man , who has
been under arrest a cotlplp of times on the
same charge , was takcn'oiit of a hotel whllo
under the Impression tpit ho was proprie
tor. Ho will be brought .Before the Insanity
commissioners Monday. ' / ' '
Th new iiostofllce buUtJhg ) presents a de
cidedly attiactlvo appc roqco on tbo Six
teenth street aldo now. . The stone steps to
the front entrance , whlcji/haVo been lacking ,
*
have been put In place aiul , the mass of rub
bish and the boarding \yiUcu has disfigured
the entrance has been et rejy cleared away ,
"Tho Jo-wa" will too Drr Cathcll'fl subject
for an eloquent lecture iiJ Trinity cathedral
crypt Monday at 8 p. m.oiTho subject is to
bo treated euloglstlcally "of the great Ho-
ibrow nation. In order that every one can
enjoy this great lecture 'thero will not bo
any charge of admission , but a collection
will > be taken.
Executive Director Ellington of the Ele
vator Conductors' association has been able
to make all > the necessary arrangements for
the grand ball to be given Christmas , nd
is now giving his entire- attention to the
banquet which will .be tendered to Meesrs.
W , II. Williams , world's champion ; Archie
I ) . Holmes , president of the National Asso
ciation of Elevator Conductors , and Frank
Smith , president of the Elevator Conductors'
Protective league , in the event they are
able 'to ' accept the invitation extended to
them by ( ho local association.
Mrs. Mary Bird , llarrlsburg , Pa. , saya ,
"My child Is worth millions to mo ; yet I
would Uavo lost her by croup bad I not Invested -
vested twenty-live cente In a bottle of On
Minute Cough Cure. " It cure * coughs , coldi
and all throat and lung troubles.
AT AUCTION
ONI ,
TfTUltSDAY-December 14,15 nncZ 16
Over One Thousand
Framed Pictures . .
A chance to make your Christmas presents at your own price
and your own selection.
has decided to offer to the highest bidder over
one thousand FRAMED PICTURES , which
represents the surplus stock- accumulated during the past five years
taken from his walls from his warehouse and from the sample lines.
Many are pictures selected from his cases and framed to order and
not delivered for various reasons ,
You will find in this immense collection Etchings , Engravings ,
Paintings , Water Colors , Pastel Paintings , Artotypes , Oleographs , Water
Color Prints and Photographs all framed in beautiful natural wood , gold ,
silver , enamel , bronze and ivory , which must be sold without reserve.
We have secured the room No. 1515 Douglas Street , next door to our
store , to hold this sale , which takes place Tuesday , Wednesday and
Thursday , December Hth , isth and i6th , afternoon and evening , at two
and eight o'clock , p. m. This selection now on exhibition.
CT/ie Public is Cordially Invited.
I ' -J JL <
SHti,9HM3r
HOLDS DIRECTORS LIABLE
Supreme Court Passes on a Now Point in
Corporation Law.
ASSESSMENTS ON INSOLVENT CONCERNS
Ilcfclvcr 1 Eiuiiowcrcil to Collect
1-0111 IJIrcotorH nntl Stoeklioliler
All r.evle Mmle llcforc the
DlMioliillou Itc-Klii * .
The supreme court has passed upon the
case ot iA. U.'Wyman. receiver of the Ne
braska and Iowa Fire Insurance company ,
against L. 03. Williams , George F. Wright ,
S. n. Johnson and other stockholders and
directors of the company , affirming the de
cision of the district court of this Jiiuicmi
district , handed down by Judge Walton in
1892.
1892.Tho decision ot the supreme court Is to the
effect that the authority of the receiver of an
insolvent corporation to collect assessments
Is unquestioned ; that the members of a
board of directors of an Insolvent corporation
Who took part in Its meetings are In no
position to question their liabilities for the
amount of assessments levied at such meet
ing because ot the fact of no Judgment hav
ing 'been ' rendered against the corporation.
Jn speaking of the decision ex-Judge
Wakeley , iwho represents the receiver , said :
"Thero were two questions Involved In this
caso. The first question was whether the
receiver of an Insolvent corporation could
collect unpaid subscriptions from the stock
holders before the other property nnd assets
ot the corporation had been exhausted and
applied to claims against the corporation.
"The second question ralsoi twas whether
In the case before the court an assessment
upon the shares and stock made before the
corporation was dissolved could bo applied
by the directors to the payment of claims
which they held ngalnot the insurance com
pany.
"So far ns It appears from the syllabus ot
the case the supreme court haa decided the
second point In favor ot the receiver and
affirmed > the Judgment of the district court
against the stockholders , leaving the first
question undecHcd. The first point was one
of great consequence In this state In other
cases of Insolvent or dissolved corporations
and It was hoped by many parties Inter
ested that It would bo decided In the case
of Wyman against Williams and others. "
STORY OF THE CASE.
The htetory of the case Is an Interesting
one , as It grew out of the failure of the Ne
braska cad Iowa Fire Insurance company
that was organized In this city and Council
Bluffs on. . March'13 , 1883 , and continued In
buslnccs until June C , 1891.
The company was organized for the pur-
poao of doing m general farm and commer
cial Insurance business and durllg Its ox-
latcnco wrote Insurance aggregating some
thing1 like | 23,000,000. The company ac
cepted notw In payment of premiums and
In this way In the course of eight or ten
years accumulated an enormous quantity of
worthless assets.
Early In 1891 the stockholders and di
rectors Interested William Madden , a Den
Moinrs speculator , and to him they tmdcd
a largo block ot stock and a largo Iiuoich of
assets , oonsUting principally of premium
notco and land In Texafl. Madden , In return
for an Interest In the company , let go of
a lot of mortgages , bonds , stocks arad shares
in mythical companies. Ho came on hero
and started m to run the company In which
ho had secured a controlling Interest. Cred
itors wore numerous and , finding a aovv man
at the helm they commenced to press their
clalmt' . The pressure was put on pretty
hard and during the latter part of that year
ho let go nd asked the courts to declare
the company Insolvent. The case came on
for hearing In the regular course of events
end upon finding that the concern could no
longer keep upon lt feet a. receiver was ap
pointed and claims by the thousand were
flled. Policy holders asked the return ot
$50,000 unearned premiums , whllo some of
the stockholder filed claims for money that
they had paid In' on representation that
the company was solvent.
principal promoters of the company
were suei and Judgments were recovered ,
Komo of which the receiver now hopes to
collect , os a final adjudication haa been
reached.
Judge Wakeley says that ho U of the opin
ion1 that asttttB wilt be collected so that , a
small dividend can. bo declared this winter
or early In the spring , llowovcr , ho does
not think that enough can ever be realized
eo that the aaset will come anywhere uoar
paying the liabilities.
Hiiiiiluy Srlinol Union MvctlliK.
Thu regular meeting of the Omaha Sunday
School union , recently reorganized , with Sir.
II. Ji. Krelder , assistant general manager
of the Cudahy Packing ; company , an presi
dent , -will hold Its regular meeting on Mon
day evening1 at the Young1 'Men's Christian
association hall , at wnlch general uubjfcla
of Intercut to all .Sunday school worker *
will be presented.
Onu of the prominent features and somo-
qultu novel In this line of work In
, -will bo a blackboard or chalk talk
Free Treatment to All Who Apply
Monday , Tuesday and Wednesday.
Hever Before Has Such
Able Medical Skill
Been Offered Free.
Tim Intense Interest manifest
eel by all who have witnessed.
the marvelous results of our new > . J22ZS ?
methods of restoring health In nll" " "
diseased conditions by natural
curative aguutsprompts an offer
never before made by us.
Prom photograph In order to tbe
prove superior
of dwarfed , 1 Hi-
lens , feeble minded merits of our treatment to the
boy , nped 13 years
I month , height 2 people of Omaha and vicinity and
foot 10 Inches. All glutton a thousand invalids this
growth and devel
opment ccastMl for month , we wll give free treat
II years. See photo ment to all who apply Monday
at ollice. 420 N Y ,
Llfo bulling. Tuesday and Wednesday.
Bo sure to get In your name and address at least during the above
' U WiU ° ° St y ° " " 0lhlnB aml add Io"Kth antl
to
DO NOT ENGAGE TREATMENT ELSEWHERE UNTIL YOU
SEE OUU METHODS AND EQUIPMENTS. Come.early . .so . ou ? a"-
ternoon hours \ylll be less crowded. Urlnjj all nflllelert children. Wo
can cure them.
Dr. Franklin Co , , 423 M. Y. Life Building , Omaha.
"CUPIDEMS"
Tlil-i Brest VcpelaWo
VUullzurtneircEcrlp | <
Constipation. 11 sUmi n I IOXSM by d.iy or nlgfcv. IN events oii'l
ness of dlicuarco , wlilcb If uotclirckwl louls to tjpprmntorrliosu nn.l
BEFORE AND AFTER , , ' . the horrors oJIraiiotoncj'lJI llu ; > Relcm.scstioliver ! , u.a
jTrr . . . . I'ldncys nnd tlm urinary orKftiia of ulllmimrllloa.
PEinipJ13atrongthcn3 and restores small wcalc organs.
Tlio reason BUfferorK nro not cured b ) ' Doctnrti Is hcc-jiuta ninety per cent nro trouble. with
Froilutlllo. CUI'IDKNKIo the only known rtmcly lo euro without un operation. Wcoiriilrannl.
. A written cuKrnnn-o Elvon and money returned If Biz hniro does not ( -'fee' a nermiuieut curtt
tOOn box , six fur { 5.00 , by mall. Bond for niuuclrcil.-ir mid tcstlmonla',3. 1
Address UAVoE , MEOICINK CO.,1' . O. Jlox-JOTO.SanPrrjichco , CuL rorfldf
Myi-rx Illllou Drue Co. , S. K. Corner lulu mill Ftiriiiiiu Sis. , Oiiinlm , Neb.
!
as It can bo used to advantage In the Sun
day school , with practical Illustrations of
the work The blackboard revlovv will bo
conducted by C , B. Wblldcn. i\bo has Im'l
considerable experience In this line and Is
considered qulto nn ndcjit.
i , .
iuH and - tinI.iinch Trntlr.
The attention of many of the church people -
plo of Omaha has been drawn to the sev
eral adventures of various churches In tbo
lunch trade during the past l celt. On Prl-
day the -women of the First Congregational
church held a very Hucccssful luncheon In
a vacant store on Douglas street and In
addition to the serving of meals there was
a general sale of multifarious and multi
tudinous household articles. On Saturday
the I'nilsh Aid society of Trinity cathedral
held Its annual sala and chicken plo lunch
eon , under the direction of Mrs. liachc ,
chairwoman. This affair -was an uninls-
talcablo success. On Wednesday of this
wools the Altar guild of thu same church
will hold HH annual sale nnd on Saturday
will occur the children's festival ,
Trlcw a ForKfil Chock.
A smooth-faced stranger presented a $750
chcebi , purporting to bo endorsed by C. B ,
Yost , at , the Commercial National bank at
noon yesterday. The paper would not bo
wished by the bank olllclals until Mr. Yost
had been corresponded with. Whllo one was
at a telephone with this object In view the
stranger slipped out of the linnk. Mr , Yost
later tlcclitrtd that the endorsement of his
name was a forgery. The police wcro In
formed ,
Hurt lit n Street Accident.
II , T , Wayne , living at 2133 Charles street ,
waa knocked down near the corner of Blx-
teenth nnd Farnam streets yesterday by
a horse driven by Frank Krlckbon , D28 South
Fortieth. Mayne wan bruised and received
a bad shock , whllo his clothes were torn
amiplastered nvlth mud. Krlckson was not
arrested , as he succeeded In showing that
the collision was accidental ,
Prosperity comes quickest to the man
whose Uyer is in good condition. DoWitt'i
Little Early RWarn are famous little pllli
for constipation , biliousness , Indigestion and
all stomach and liver troubles ,
_ _ _ _ _ _ _ _ _ _ _ (
KM on Den HH | Sentence.
TOPEKA , Kan , . Dec. 11 , The supreme
court today reversed the decision In the
case of A. D. Hubbard , who was sentenced
J to the penitentiary for defalcation. Hub-
i bard was receive * for tbx Hamilton I'rlntlnu
company , and failed to account for $7.00
The decision holds that receivers are not
WE MAKE MEN
Weak anil Impotent men can txcure [ u-ultliy ,
vigorous marital itrenclb.ltality nml develop
ment In from two to ten < lay , und In 75 njr cent
of cae.s
IK MUCH I.KSS BPACK Ol < " TIMI3 ,
by the use of Dr. Arclminujult'ti Wonderful
I'orls Vital Hpurhs for u Bliort ilms. 00 per cfnt
if the eaten the teeulls me peimnncnt nnd lust-
In ; , ' , I..IHHilralna rc.itc at once. At Intt a
remedy that U Unellclal to ull anil that acts
on the oicana u rapidly ai > n cathartic acta on
llio IxnvelK , over 7,000 lmn < > < t ti tlinonlal . I
lilt. AKUlAMIIAUl.T'S I'AHIB VITAL Sl'AUICa
act nt once , uml their continued ueo for a iuw
iluyn Imllds 11 man or woman up wonderfully.
1'nicjj : ta.oo nnit PACKAfin-A jrur.v
MONTH'S THATMUNT-1W UOS1SS.
SPECIAL OFFER :
'
48 CENTS.
For a few ilnys , to Insplro confidence In our
remedies , wo will mall , cloecly teule.l . , a ivKUlor
full month'u treatment , 100 doees , one $3 pantugo
of "I'arls Vital H.ark | " for 48 one-cent tUinp * .
\o C. O. I ) , iniuUiiKt'M or ilroi-pllv clr-
riiliirx c'lillInK for inure money , lint
MILiirtiml miMllullin Mi-ill with full
illrcrtloiiN anil u vnliinlilu inrillcul
IHiIXT , Ni-diiruly MunliMl , fi-c-e from ol > -
Nrrvalloii.
I'urls Vital Bjmrks , a nnfe medicine that can
not harm you but will do you oud.
FAILING VIOOU IN CASUS 1'AST rOUTY
OUIl ailiAT BI'IX'IALTV.
Write today. Don't deluy. Address The Dr.
AHCIIAM11AULT CO. . M 1-cinberton mi. llo > ton ,
MUSH.
MUSH..S1NCKH1TV
.S1NCKH1TV In fpealilni : OB they think , lie-
llovlnt ; UB they prclund , acting an they profcin ,
perfornilni ; UB they promise und bclni ; us they
appear to be. Tlila IB what The lr. Arclmm-
buult Co. uhvaya does. " l'o t.
agents within the meaning of the statute
under which Hubbard IA < IH found guilty , ani ]
ho waa ordered discharged ,
'
IIYMK.M3AL.
CllHII-Tt'UtN.
HURON , S. D. , Dec , 11. ( Special. ) Mini
Qertlo Toets , daughter of Captain and Mr * .
D. V , Teots of Lakeside , and Mr. Charlca M ,
Cofis , wcro united in rnarrlaBo Tbursday
ovonlng at the homo of the brldo'e parents ,
by Ilov. II. H , Hunt of this city , In tbo prca-
enco ot a large gathering ot relatives and
friends. Mr. Oaas is postal clerk on the
Great Northern railway between this clljr
and Beaten , Minn ,
