Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 11, 1898, Image 9
OMAHA DAILY BEE. f ESTABLISHED JTJoST.E .19 , ISTli OMAHA , FBI DAY MOKNING , JPJBBBUA11Y 11 , ISHS-TWELVE PAG-ES. SINGLE COPY PIVJD CENTS. Men's Men's All Wool Suits SI 2 .3 All Wool Suits The all-absorbing topic of the to\jjn ? Our phenomenal low prices , $4.75 coupled with the excellent qualities of the goods has provedirresistible 75,000 DOLLARS WORTH OF FIRST QUALITY CLOTHING WORSE THAN SLAUGHTERED The store tomorrow will be a veritable paradise of bargains The prices are so low that no one can afford to steal them Consideration of cost and value is a thing of the the is the cash and be rid of the You know and it's past one thought now to get goods as soon as possible our goods Hen's Suits to your advantage and profit to buy and buy quick as much as you can afford---This is the way we line them up for SATURDAY'S GREAT SALE. Pants . § .oo s Long pants suits Knee pants suits ' over , of 'em for boys' to 1,000 Suits Made of all wool cheviot and cassimere- years -tinnier 4 suits 15 both heavy and Every coat in the house goes in this great s ac medium weights money raising sale. Saturday nothing in Saturday money raising sale at and thrSe'piece suits and not a cheap one $ reserved. made qt the finest in the lot sizes 12 material in this go to 18 years , go in Saturday sale in great tlvs ere at Saturday This is less than half the original cost. for less than half the money raising sale cost of maufacturer. at The $ ! 5.OO suits in Saturday's sale , at For coats that sold as high as $22. The $20 suits in - Bigger ' bargains . Made of the very you'l never find it you finest all cheviot and live to be thousand , ' ' a 'a saleat 50c Saturday's , in Saturday's money 75c cassimere in nobby raising sale. checks and brown $2. ! Nothing but the fine ones The $22 suits in Fancy and white shirts at effects go in Satur left and they all go in 25C , 45C 75C and 950. ' sale for ' ' day's for about Saturday's saleat Saturday's sale , cents . Hose at 50 , loc and 159. * * the dollar 's Collar and Guff Yourself EM'S HITS Saturday at the great money raising sale N. E. Cor 3 N''E ; Cor. Flno quality Dcrbys cut for tlio Saturday Collars for money raising sale down to 15th & 15th & . 5c-8c-.0c , ' , , lathe Douglas , Dousflas. Cuds 10c I2',4c liic Saturday morning the time and the place is hero. The 'flue ' Soil Hats to $1.00 , $1.GO , $2.00. AUGUST RASTNER ON TRIAL Suspected Burglar and Murderer of a Police Officer. CHARGED WITH KILLING DAN TIEDEMEN Di-foiixe lIcniiiiulM Si-iiiirnte Trlnln for the Three 1'rlnoiiern anil I lie Stuti * iicoH to Try the Klrnt. . August Kastncr was put on trial for his /Ifo / before Judge Slabaugh yesterday mornIng - Ing for the murder of Police Otllcer Dan TIcdcman early on the morning of Juao 9 , 1897. 1897.Tlio two other Kastners who are Jolntlly charged with August with the murder the father'and son , Joseph and Louis respectively will have another chance for their lives. If August fs convicted they will bo trledIf August Is acquitted , the state will prob'ably move to discharge them also , because n Is generally admitted that the strongest case exists against August fop the reason that Olllcor A'"N. Glover , who was Otllcer Th-de- man's companion when the latter \viia killed , Is most positively of August In his Identifica tion of thd'Kastncra. Separate trials were demanded for the accused by their counsel when the case was olled. ' It w-us left for the state to elect which quo to try first. After a brief con ference * between County Attorney Baldrtgc nt.d Assistant Jcfforls , the former announced ' that ha would undertake the trial of August Kastner. The young prisoner was brought Into the court room and without delay the work ot Impaneling the Jury was begun , The .i-aso waa begun about an hour befoie noon , Immediately at the conclusion .of an uncompleted criminal trial that had been on In the court. It was begun In au unas suming way. There were no spectators In tlio court room except the llfty state's wit nesses acid a big lot of Jurora. There \voro \ two others In the court room who might be regarded as spectators and yet would hardly be numbered among them. These were the wife and mother and 'tho ' daughter and sister of the accused men. The most Interesting of the witnessed was Olllcor Qlovcr , who ha * not yet completely recovered from the wouns ( ! ho received on the night ot the tragedy. These three portions were the most Interested In the proceedings. The two women sat In the spectators' seats ; the otllccr took a position directly behind the county attorney. KASTNBR NOT WOniUED. August Kastner , the young and rather common looking Individual who Is the principal .In , the court proceedings , sat under guard of a deputy sheriff behind his counsel. He listened to the examination of the Jurors closely , but was apparently not deeply Im pressed wltlj what wai going on. Ills In terests are being watched by three lawyers Attorneys James Kclkenney , Hltchlo and Donolioe. The case la being prosecuted by County Attorney JJaldrlgo and Assistant Jcfferls , The former conducted the examine. ( Ion of the Jurors. The work of securing a Jury has been dltllcult. The majority of the men so far examined have either formed an opinion re garding the guilt or Innocence of the ac cused , or are opposed to capital punishment. Thirty-three talesmen were examined by the state before twelve were allowed to pats unchallenged. If tbo later examination had , been as atrlct as the first , U la ques tionable whether half the number would br been secured , The county Attorneys I apparently wearied of the difficulty of get ting Jurors without opinions or without scruplca regarding capital punishment. Then the dcfenso started In hi a way that prom- Iced to play havoc wlth e twelve men who have been passed. Ileforo adjournment they completed the examination of three of the JurotH , and of the number had two of them excused for cause. "I never saw so many men that had opinions regarding a murder , " said Judge Skbaugh after the morning session. The first twelve Jurora called were J. John- fcn , Charles Mallander , Charles J. Johnson , J. T. Helgron , C. W. Cook , Nathan E. Adams , n. Lucky , Ilomalno Palmer , Sol Prince , C. W. Schneider , Joseph H. Green and George A. Ostrom. George A. Ostrora of 3S43 Franklin street was the first talesman to bo examined by the state. He proved to have a decided opinion regarding the guilt or Innocence of 'the defendant which It would take evidence to remove. Ho was consequently excused. The same difficulty was found In the case of J , Johnson of 2030 Seward street. Ho bad not read of the cofjo because ho did not read the dolly papers , but he had heard of It and from what ho had heard he had formed an opinion which might affect him In finding a verdict. He was excused. Charles W. * Mallander of 3125 South Ulghteeu'th. ' street , nu employe of n South Omaha packing house , was another with an Wptalon regarding the guilt of ttio Kastnern ccid ho was excused. OPPOSES CAPITAL PUNISHMENT. Conscientious scruples against the Inflic tion of the death penalty was sufficient to debar J. T. Helgren of 813 South Twenty- second street from service on the Jury. For the same reason C.V. . Cook of 2928 North Twenty-third 'street was excused. Acquaintance with ttio murdered officer fur nished the cause for the excuse of C , W. Schneider , an optician of 910 South Twentieth elrect. This acquaintance ho snld was likely to afTcct him In'the finding of a verdict. Ho was therefore excused. James II. Green of 1409 Williams street , an employe of an express company , was the first Juror who succeeded In passing the examina tion. He had ro opinion regarding the de fendant's guilt and no scruples against the Infliction of tlm death penalty. Sol IVtnce of 417 North Nineteenth street had also formed an opinion regarding the guilt of the accused , but after some ijucsttoct- lug ho concluded that It would not affect him In midlng a verdict. He had no scruplea against capital punishment. Ho was re tained. Homalno Palmer , a farmer residing at Forty-fifth ami Emmett streets , hud formed an opinion after reading the case , but he did not bellcvo that ? It. would bother him In reaching a verdict.7 As he had no scruples against the Infliction of the death penalty , lie was allowed to runialn In the box. "I have a prejudice against the prisoners which will prevent mo from returning u fair verdict , " declared Bernard Luckey , a cigar dealer of South Omaha , when he was ex amined. The young man refused to ac knowledge that he could lay aside this preju dice. It WC.B not caused by any Impres sion of tbo accuecds' guilt of the murder of Officer Tledeman , but resulted from their former bad character. He wes excused. Nathan E. ( Adams of 2124 Miami street said that he liajl heard of the facts In the case Immediately after the tragedy and had at that time made up bis mind regarding tbo Kastnera' guilt. lie was excused. Charles J , Johnson of Twenty-ninth and V'arnatu streets was another who had an opinion of the guilt or Innocence of the ac- cuied and was excused. This completed the examination of the tlrst twelve talesmen called and left three In tbo box who had satisfactorily patsud. Nine moro were called to nil the box. Of the number J. A , Griffith ol .Ml South Twooty-nlnth avenue was promptly ex cused on account .of un opinion. Frank W. Handle , a cigar dealer , bad Dcruplct against the infliction of the death penalty which were sufficient to debar him from service. A. J. Harding , living on I street. South OmaJha , had similar scruples and was also excused. A positive opinion regarding the guilt or Innocence of the defendants was sufficient to cause John Lehman of 2514 Dlnney street to bo excused. I. D. Walker of 1242 South Twentieth street said that he would not sentence a man to capital punishment on clrcumstrntlal evi dence alone and could not bo dislodged fro.n that position. Ho was therefore excused. Finally a satisfactory Juror was found In John P. Klmperly , a farmer of I3ennlngton and a resident of Douglas county for thirty- eight years. He had no opinions regarding the case and had no conscientious scruples against the Infliction of the death penalty. The most decided opponent to capital pun ishment yet examined was Lowltz Jorgcn- sen , a letter carrier living at Benson. Under no circumstance * * would ho fix the death penalty. He was excused. A two-fold reason brought ntkmt the dis missal of William C. Falrbrother , a printer living at 218 South Twenty-ninth street. Ho not cnly had a decided 'opinion regarding the case , but ho was also decidedly opposed to the Infliction of the death penalty , 'Peter Turkelson of C17 Pierce street had heard the testimony In the preliminary hear ing of the accused In police court and from thld evidence had formed a decided opinion of their guilt. Ho was therefore excused. The examination of thentao new Jurymen was completed and out of the number but one proved satisfactory. Out of a total of twenty-one Jurors examined only four had patecd. Eight moro jurors wore called to fill the box and these proved more satisfac tory material than those who preceded. George T. Llndloy of 1704 North Thirty- sixth street persisted that ho had an opin ion regarding the guilt of the dcfcndanta despite all tbo questioning of the , county utj torney. Ho was excused. THREE MORE PASSED. Cllf C. Rouzcr , a wood machinist of 1424 South Thirteenth street , had no opinion and no scruples againat capital punishment. He believed ho could consider nothing except the- evidence and Instructions of the court In reaching a verdict. He was allowed to remain In the box. R. E. Llvcscy , a brick contractor living at 2813 Capitol avenue , was also passed be cause ho had neither opinion nor scruples against the death penalty. Some difficulty was found In making- Swan Nelson understand the questions of the counsel and In understanding him , but It was presumed that his mind was In the proper condition and ho was allowed to stay In the box. Ho Is a carpenter and lives at 2550 Reese street. Ralph G. VanNess of 918 North Thirty- second etrect had lived In the vicinity of the place where the crime had occurred and had talked with several persons who are wit nesses In the case. From tbcso conversa tions ho had formed an opinion regarding the guilt of the accused that could not be shaken. He- was excused. J , D. Gilbert of 107 South Thirteenth street , a laborer , had no fixed opinion and no scruples against capital punishment. He was retained. The first approach to a fight between counsel occurred over Juror Herman Philips. Hn Is a farmer living about a mile north west of the Dundee car line. He formed the acquaintance of all the Kastncrs. In a busi ness way and met them socially. He , how ever , did not btlteve that hU acquaintance with the accused w-ould affect him In arriv ing at a verdict. In none of this did the county attorney find reason to challenge the Juror for caube. He finally learned from him , however , that ho was opposed to the Inflic tion of the death penalty on purely circum stantial evidence. The attorneys for the atato And defense examined and cross-ex amined on this point until finally the Juror was excused over the objection ot the de fense. "I don't believe in banging a man , " was the opinion of E. W. Eayre ol 1917 South Fourteenth street , and ! , lt was sufllclcatly strong for the court to'excuse ; him. ONLY FOUR TO GO. Eight Jurors were now In the box without being challenged. Four moro Jurors were summoned to fill the'box ; and after exami nation all were- allowed ! to rcninla. G. 'C. Morrison , a ! stationary engineer , living at 2917 South Twenty-fourth street , had formed an opinion from accounts of the preliminary hearlag of the case , but ho be lieved he could put It aside on entering Into a. trial of the caso. ' Charles Mortonsen of 1509 North Thir tieth street had no bpmlon and no scruples against capital punishment. He Is a wood machinist , ( J. C. Gould , an Insurance man living at 2017 Howard street , ' tiad scruples agalast the Infliction of 'thoi death penalty , but was allowed by the sfate to remain on the Jury for the time being. W. G. Uro of 3G24"fNorth Twenty-fourth street had a bias ot mind.regarding the de fendants which , 'he said , ho would try to put aside , but ho' adrnjttcd that 'ho feared It would afTcct him In the trial. Some of the anowera to the queatlons of the county attorney were not satisfactory , but ho did not challenge any of the Jurors. The examination of the Ju"r.y for 'the ' defense was then begun by Attorjiey Ritchie , who promised to play havoc -with the body of men. He examined three before adjourn ment and two wero-cxcused for cause. These were Romalno Palmer aad Sol Prlace , both of whom decided , .th'at Ithey held such opin ions that they would not be able to enter on the trial with a presumption of Inno cence In favor of the defendant. The first touch of humor In the trial , wan given by C , S. Couldwhen ho was naked by the defcmea If he , , was physically in capacitated In any way from standing the strain of a long'trial. "A wife and four children , " answered Gould. Before Gould's examination was com pleted an adjournment was taken to this morning. The Jury passed the night In 'charge of a bailiff. SKETCH OF THE CRIME. The crime for which August Kastncr Is being tried occurred on the morning of June 9 last. H happened about tho- saloon of Henry 'Nelson ' at 2923 Spauldlng street. At 2 o'clock firemen In tiho englno house across the street saw the place lighted up and came to the conclusion that burglars were looting It. They Informed the police station and In reaponse the patrol wagon containing Officers " Tledeman and Glover was sent to the 3loon. The officers took a station on two sides of the saloon and disturbed three , men hpwere within. The latter rushed out ant meeting the officers fired at them. Omcar Tledeman received wounds from which 1 u died the next day. Officer Glover has net yet fully recovered froin his Injuries. The three burglars left behind In their flight a .number of Ba'c > s , Some of the police officials concluded Ihat these sacks were llko those they had , seen In the possession of the Kastilcrs , 'who/lived / In the neighbor hood , The Kastnera ! , wpro consequently ar rested. The evldfucoi'agalntt them consists largely of the similarity In the sacks and ropes. This will ba aided by on Identifica tion by Officer dlpyer.V The Kastners have steadfastly malntaloefl their Innocence. iiicciiviii IIUMAin OMSAHKU , KIK ! uf n lilt "f. Yt'xril I.ltlKMlloii IN Hcnclifil ln.UJftrlct Court A proceeding In .judge Scott's court yes terday afternoon bnjupjit to an end the pos- slb.llty of any lltl.tlp'n against the estate of John H , F. jLohmaj ) as a result of the letter's action as receiver of the firm of Aokerman Irc ) . & JJ.enUe. | Such litigation for a time seemed very probable from the ol the claim ol the George R , Dickinson Paper company , but this claim has now been dropped. The case In which the matter figured Is entitled Ackcrman against Ackerman an < 3 was an action to place the affft.rs of the firm In the hands of.a receiver. The action was successful and John H. F. Lehman was appointed to the position. He collected to gether and disposed of the assets of the firm and when the proceeds had all been bunched he was ordered by Judge Scott to pay the money out to the creditors of the firm pro rata. Lehman followed out tlKs order and was discharged. The George R. Dickinson Paper company was not satisfied with th.s settlement of Its claim and carried Judge Scott's order to the supr&mo court. Tint body at once entered an order setting aside Judge Scott's decision and Instructing the receiver to pay over to the. paper company the full amount of Its claim. , On account of the Illness of the receiver Judge Scott , refused to compel him to carry out tlio.Instructions of the supreme court and heyas cited before the supreme court for contempt of court. The contempt pro ceedings' hev'er .came to a focus. The paper company through Its attorney , how ever , continued to press Judge I'cott to cnforco the mandate of the supreme court oven after the de-th of Lehman , 'but Judge Scott refused to take any steps In the matter. Tiihi was the situation In which the case rested until yesterday. Then the attorney for the paper company appeared In court and stated that ho had come to a conclusion that the claim against Lehman's estate could not t > o made good. As a consequence ho moved to strike it from the docket and this was done. There was also Involved In the case a question whether the orders of the district court can be followed out without danger of a .reversal . > by the supreme court. If It had been decided that such orders could bo re versed , receivers and other officers of the court would have been put In a position where they would hardly have dared obey orders of the district court. SultN Analnxt ( iriililc. The ( Edgemont Stone company , the South Dakota and Wyoming Townslto company , the Edgctmont company and the DtJgemont Land and Improvement company , och and all brought suit against Francis C. arable , al leging that aa an officer and stockholder of the companies ho refuses to turn over to the plaintiffs tbe certificates of stock and the books of the respective companies. \nt ) ' from ( lie Court * * , J. W. Thomas , receiver of the 'Midland State bank , hud been allowed the sum of | 450 to apply on his account for services performed. The National State hank at Burlington , la. , has sued Frauds 0 , Grablo In an ac tion to recover the sum of $4,000 , alleged to bo duo on a draft paid for the defendant. The dlvorco suit Instituted by Nick Yager against his wife , Louisa Yager , has como tea a standstill. Tlio plaintiff was ordered to pay $200 Into court. This he has not done and the proceedings stand suspended until ho compiles with the order of the court. Judge Fawcett Is hearing argument In the case wherein Luclen Woodworth seeks to restrain Mattlo Barr from exercising her authority In the conduct of tbo State hotel , The plaintiff alleges that the defendant was an employe , while the defendant alleges that she was a partner , The vll ! of ( he late Henry Kruse , a Douglas county resident who died on January 3 l-.st has been protated. The will was ex ecuted twenty years ago and witnessed by James Mitchell and Patrick McArdle , who were named ai the executors. The- estate IB scheduled at $31,000 and la beque-sthcd to thp wife and children of the deceased , Robert Maxwell ls cited tobo In Judge Scott's court and show cause why be should not 'be ' dealt with for contempt. Some months ago hi * wife , Anna Maxwell , In- atUuted divorce proceedings and wai allowed alimony 'In ' the sum of $1,000. She nosv alleges that cf this amount she has re ceived but $50 , and calls the attention of the court to the fact. VICTIMS W1SI.COIMI3 A VU Mfn. Who Weri SivliulliMl by Wllnoii filnd of lllx Itrtnrii. There was some display of satisfaction In railway freight circles here when It became known that Harry Wilson , alias Wootssn , is unCer arrest at the city Jail , He Is the young man who solicited a largo number oj sub scriptions from the freight men and bank clerks on Farnam street between Twelfth and Fourteenth streets In November last , promising to acnd two popular magazines for the present year at a greatly reduced rate. The gentlemen who gave Ifio young man their subscriptions suddenly realized that they had been duped and then complained to the pub lishers of the magazines In question. It was on Information given Detective Cox by ono of the freight men that the C.TBO against Wilson was made out. This railroader reader advised the proprietors of the maga zine In Now York about a month ago that an alleged agent of theirs was dwindling the people ficro , and the company replied that It would spend any sum of money to nend the smooth young man to 'the penitentiary , where he might complete the education ho ap peared so anxious to secure. The company has Just been advised of Wllson'fl aircst and a representative Is expected here within a few days to appear against him. Wilson underwent the celebrated nwont box test ywterday , the local detective force applying Ita customary tactics to learn of what the prisoner Is guilty before formally presenting him In court. WOUI)3II3.\ IWOHIJ1 AT XKOI/A. Sixty Omiiliii C'loinlnTH At ( < Micl nn Inllliilury Srrvluc. A party of sixty members of the local camps of the Woodmen of 'tho ' World took u special car over the Milwaukee Wednes day night and visited Neola , where cloven new members were Initiated Into - the protection degree of the order , The party waa In charge of Sovereign Clerk J. T. Votes , Chief Account ant J , G. Kuhn , Consul Commander W. Y. Tootzel of Alpha eainp , Tv'o , 1 , and many other officers of the sumo lodge. The excur sionists loft Omaha at 5:45 : and upon arriv ing at Ncola marched In a body to the hall provided by Neola camp , No , 198. Hero the cntlro evening and a greater portion of the night was passed In porform'og the rituals of the society. In addition to the eleven new members Initiated fifty-three of the old ones passed the morning degree under the guidance of their chiefs. At the cociclublon of the work a banquet was furnished the visitors by the members of Neola gamp , The party was accompanied by the Woodmen of the World band and by Alpha camp drill team. The > -cturn to ( h'H pty ) waa made at 7 o'clock yesterday morning. Many mem bers from Mlnden lodge were present at the festivities. Tulip Too Suililfit. Fred Tulip , a late arrival In the city , who claims to be a genulno "ftouti" ! ) from Boston , went Into the1 houna of Muttle Uct'be at 041 Capitol avenue and to'd the Inmates Unit ho needed their anslntunco In "piping a clew" nnd that they must put on their best clothes and Jewelry and ftcon"T > any him at once or he would tiiive them urn-Hied for refusing to aa-lHt an ofllccr. It chanced that the lieebe woman had u number of diamonds on her j > tr c n whloh hud not f-sciipcd tlm eagle cyn of the eastern man and thinking that Tulip hod designs upon them the woman called an officer and had him' arrrnleil , He was charged at the station with Imperpnniit- Ing an ofllccr and with belnfaa suspicious character , > Hi IS USE KNIVhS Gan of Experts rYnkes Iti Presence Kuown by Work. CUTPURSES AT W3RK IN CROWDED STORES U'oiui'ii'H Cur mm IN SIllNlictl by til * TlilevvM In Search of ( lie ViiliinliloN Cirrli- liy I lieVivlliiiH , Pickpockets Imvo been much In evi dence nrouml the retail dry' goods stores lately and the police are of tlio opin ion that a well organized gang Is at work la the city. About 10 o'clock Wcdncu- day the thiovca went Into u store near Fifteenth" and Douglas at recta and made several Ineffectual attempts to abstract purses from customers , but In two Instances they were detected In the act by 'tho ' onnora and their plans frustrated. From here they went up tlio street a block and visited an other store , but so far as Is known failed to get anything for their efforts. Crowing- thn street , the men wcot Into the basement of the Dofltcci store and wh'lo ' the crowd \von the largest began to ply their trade right and left. Ono woman's pocketbook which war ] laying on a counter whole she had mo mentarily placed It was snatched and a few moments later another customer comp.alned to the management that she had been robbed. Olllcer lUrKfiow of the North Six teenth btreet beat WUH called In , but before ho arrived another attempt at robbery had boon made , but nothing ns secured by the thluves. The first customer who had mndo known her loiis to the olllccr displayed a drros skirt which was ruined l > y a vicious stroke of u sharp knlfou which hud not only slashed the goods , but had cut open a pocket which contained her purse. In the purse was $3. $ which the pickpockets secured , The second complainant had a heavy leather' ' han.l ( satchel , In which nho also carried a pocketbook - book containing a mnll amount of money. The thieves cut away the larger portion of one side of the satchel , but failed to get the purse. Neither of the women cared to liavo their names mentioned , and no report of tbo matter was made at police headquarters , According to Spec'al Officer Koysor , the gang which Is operating around thn city at the present time , Is composed of experts from the east. During the last fortnight members of this gang have visited the various store * * at Intervals , and their visits have been mourned by the loss of many purses , Thus far the police have been unable to get any description of the miscreants , but It Is pre sumed from the smooth manner In which the thefts have been committed , that a portion of tbo gang Is competed of women. xo. a s i\Ji.\i : IN IM.HAIIMCD. Wlirel SniiiNliril Will 11on ( In ; U'ny to n I'lre. The englno at No. 2's house Is tempo rarily disabled by reason of a tussle with ths slippery pavements. The apparatus wan turning tlio corner of Fourteenth street and Capitol avenue during the forenoon to answer an alarm and slevsbd against the curb. Tbo principal damage was to one ot the rear wheels , which was smashed Into fragments. It wan necessary to borrow * wheel from No. 3't engine before tbo dis abled apparatua could bo returned to thi house.