/ FHE OMAHA DAILY BEE. JUNE 10 , 1871. OMAHA , WEDNESDAY MORNING , JEBIjnUAKY 10 , 181)8 ) TWELVE PAGES. SINGLE COPY JTLV.E U13NTS. SHY BOORS ON WESTERN LIFE Volnrrn of Poaras Filled w th the Spirit the Great Wett. STORY OF MONTANA CAMP LIFE WIM ! lijnn Oinnlmintnnii Sermon" lij nil ( Ininlin MlnlntiT Nru HlH- torlcitl \ < MP ! Pii > nt I'renuU Author ft I.lli-rnr } ( < < I HI. | The boundless fields of the middle well nro dull and prusalc enough to tlie plod der -who follows the plow day by day , hut to the man who In looking for beauty thcto IB beauty everywhere. The vigorous colors of tlio spring time , the rich verdure of the BtimnuT , the varied tints of autumn these nro the adornments which make of the roll'og pralrlos fringed with small wood lands moil attractive plcturto Artists ant ] poets are- said to mature only near the sea shore or In the vicinity of mountains , and this may to the renton why nil this pplen- did form and color is wasted , for the art ists and poets of tbo middle west havu thus far 'been unable to put Into form for preservation the bc'tuty of the prairies. 1'ccts tlicro nro plenty , but only occa sion illy does ono catrh the spirit of the western life. In a volume of fugitive vcraes from the pen of William Hcctl Dun- roy , which lie has gathereJ under the title of "Corn Tatecls , " there are glimpses here and thiro of the prairie life cs It actually Is , nrtlrttlcolly e-xpre'sed He has aeon the "corn fields dipped In amber dye , " nnd he lias itctn where "the prairies nro cUd for many a mlle with the tossing pi tun to of torn. " Ills "prairie1 view" has reality. Afur. afnr In omllesH li-vls , The prairies re-inn from my sod house door Afar , the winds hold madcap revels Along the grn sy , tod-paved Iloor. _ Beyond the nclilng eye's deep stralnlnp , Yet other loveK boundless lie , And further Htlll , Is yet rcm lining , i A Iloor vvllch moots the bending eye. t His l.nco to the Itlvcr 1'lattc show that | he often comcc cloe to the heart of nature. ' Ho sees the wild flower "JEwels strewn lit cm the ground , " it d I he "waters lUp and MM the banks. " and then when autumn conies theie Is the greud tranaformatlon which tan be neon In no ether place to well as the rralrlev Then all 110 * prnlrles rhnngp behold The sun with Mldns-tourh transforms The gruss and corn , nnd fold on fold Ony autumn's Kainuntq trull across T i- level lands The rlvor bold With ullvtr tuts Its onward vv.iy Througi ( li Ids of amber nnd of gold. The author writes of "Nebrasky" ai one who Las bce-n fauilll.ir with It from childhood - hood He stiys- A wide stretch of level land With hire an' thur .1 town , An' broad lint tlverH , sluggishly An' tdovvlv llowln' down An' that's Nebr.ihky. These rhymes of Mr nunioj's have been pjWlfih"d In mngarlms anl newbp-ipers , but lie has done well to put them Into a bc-cVe where they nmy bo the ( better ( Studied by nil lovers of western life and art. Pub lished by the author In Lincoln. A frue"lTtcrtliro-Of-ine Hegt Is to bo found In the story , "Tho King of the .Town. " by Ellen Mnckubln. The "king" Is a i.icn- eplrlted f r.d resolute missionary who ban gotiQ to a small mining camp near Which Is located a military post In Montana. There Is the atmosphere of the camp with Its , roughness and lack of culture , and asso ciated with It the more polished life of the oincers at the post. The scenes are somewhat familiar , but borne new features nro Introduced. The missionary goes ahead with his work In a decidedly refreshing man ner. He carries the word of God to the dlrsolutc loafers nbout the saloons , and If they do not care to hear thcj must at leant he respectful , as the missionary goes armed for cmcrgeciclcs He has a champion In a eweet girl at the post , who helps him gieatly In drawing to his meetings the rough men of the frontier Strong ecrmons are preached and the words cut deep Into the vlcloun lives of the miners The thread of romci-ce Is plainly traceable- nil through the story and all ends well. The author treats of a rough life as It reallj exists on the frontier , but her words are choice and the style of the -work retfocd end elevating. Altogether "Tho King of the Town" Is a pleasing novel and entitled to a reading because It Is so rcfrceh'i g , so pure so true to life. Houghton - ton , Mifllln & Co. , Boston. $1. A book of sermons will never get Into the class of "popular literature , " nnd no pub lisher who brings out such a book expectn great tales for the same , yet a new volume on the bsok tables contains a collection ot Bcrmei a by Hov Charles W. Savldge. pastor of the People's church , Omaha. Mr. Savtdge published his first book , "Shots from the Pulpit , " nine years ngo , and five jears ago eent out n little vo iimo entitled "Arrows" The sermons In his latest work , "Tlio Waj Made Plain , or Out of Darkness Into Light. ' are those tei which ho lies aimed to point out plainly the wn > to the perfect life * Fleming H. Ilevell Co , Chicago f The completely outlawed question , "Is Mnrrlugs n Failure ? " reappears again as the title of a novel by ED Omaha author whoso ldentlt > Is concea'ed ' under the fictitious title of "Hnna lean" The novel doesn't answer Us title , but as a story eomo strong eldo lights are thrown on the slate of matrl- jncney ns It Is known In certain circles * There Is a great deal of domestic misery Ji > the story It starts out well with a bovj of glrla In graduation gowns who dlscusa their plans for the future. Ono weds a foreign title , another weds an unsentimental coitudrel who dresses well , and so on through the Hat. There are trials and tribu lations for all of \veraun-Jiwt such trials who do not corslder as como to a great many liarmony of taste and feeling In choosing llfo partners. The novel fal's of answering the question of Us title , because every reader eccs at once that the pictures drawn are exceptional nod not fairly representative of human life as we all kiow : It. Hut the etory Is soul-otlrrlng dcsplto this exaggera tion , and It will be read with Interest , The mechanical work of the book is bad and the author hhould have had the assistance of a proof reader. American Hook Publishing Company , Omaha. Without making an attempt at teaching tUtory the author of "Tho nock of the Lion" lian woven into a do'lghtful romance the itory of the siege of Gibraltar In 1779-83 , aud iwhlln uilng the romancer's lust and Inalien able right to Introduce real persons and events wherever It would bo of eorvlco to the etory , has not taken many liberties with his tory , It Is a naval story , the story of an exciting llfo , a life of adventure and hard ships brfore the mast and in the mess room of the sturdy sailors of the British and ( American nav les , The boys are bright , manly fellow n , and the men are fired with patriot ism and love for their ( lags and their coun tries. It Is such a story as a young boy can read with profit to himself. It Is by Holly Elliott Seawall , author of a number of historical novels , and the illustrations by A. I. Kcllar ore very fine. Harper & Jlro. , Newl York. $1.50. The Paris correspondent of the London Tlly Nona gives some Interesting facts con. cernlng the earnings of the French literary giants of a past generation , The Trench author whoso wois brought in most money / In his lifetime was Victor Hugo. Their sale "V bag been etlll growing elnco his death. In ( bit time they have brought In 11,200.000. Jxmls Blanc sold the copyright of his "His tory of the Revolution" for $100,000. Tillers obtained the same price for the copyright of bis "History of the Consulate and the Em pire. " Chateaubriand received half a * much ( or his memoirs. Flaubert sold the copyright CU "Uudarno Doyarj" tor fSO to Michel Lery , , who made a fortune out of that book and Rcnan's works. Renan signed an agreement which ho never sought to evade , when ho was a mere essayist. He was toreceive n fixed annuity from Levy In return for all ho might write , and ho bound himself to fur nish a certain number of works In a glvon time. The Income seemed wealth to him when he signed the agreement' , but the merest mess of pottage In after life. Dumas pero was paid a centime a letter for his tculllcton of "La San Felice. " He had been paid by the line , but the lines were so short that the publisher did not receive full value. A new novel by Conan Doyle Is a literary event of the first rank , and this the Mppln- cotts promise In the immediate publication of "A Desert Drama. " The story Is an en tirely new departure for the creator of "Sher lock Holmes. " Its scene Is the desert ot Sahara , Its actors a mixed party of tourists , American , French , English , navigating the Nile on a "turtle-bottomed stern-wheeler , shaped like a flat-Iron. " The clear , direct sentences which made the detective books so fascinating are here employed In photograph ing the green-bordered Nile with Its fringe of ruined temples , and In picturing the queer groups whose adventures In the hands of a band of savage DcrvUhcs form the "Desert Drama. " Love , comedy , character and trag edy fill up a heaping measure ot the fiction of adventure such as Conan Doyle stands first in among contemporary novel sts. Modem English Literature , by Edmund Gcvse , Is to be the next volume In the Liter atures of the World Series , published by 1) . Applcton & Co. Mr. Gotsc begins with tlio time of Ctiaucer and comes down to this generation without , hoever , includ ing living writers. The Londcei Saturday Review has recently remarked that "Hicto Is probably no living man moro competent than Mr. Oosje to write a popular and schol arly history of English literature. " Senator Lodge tos been receiving thi highest praise tor his "Story of the Revolu tion" In Scrlbncr's. A British paper , the Canadian Churchman , Bays It Is "powerfully told and fairly. " The Boston Pilot eays : "It opens vvell with a justcr view than that generally taken of the causes wilh led to the revolt. " A western r > iper calls the nar rative "patriotic and thrilling , " a Boston paper , "vivid and subtle , " the whole press has united In praising the value and beauty of Its Illustrations. The very readable serien of pipers which Edward Everett Hale Is writing for The Out look continue to grow In Interest. That printed In the February magazine number deals with Lowell's life and friendships In college , nnd contains some examples of his poetic woik when ho wns ono ot the editor of "Harvardlitm " Dr Halo In this Install ment tell.1 tfio true story of Lowell's suipen- slon from college Just before graduation about which for many years absurd nnd ab s-ilutcly unfounded stories have been clrcu latcd The true cause of the suspension wan simply end solely young Lowell's lack of regularity In attendance upon the college chapel exercises. A now bird book , especially In the Intcre. ! of bcglneiors In bird study , will be published soon by Houghton Mlfllln & Co It Is en titled "Birds of Village and Field , " nnd Is written by Miss Florence A. Merrl-im , au thor of "Birds Through an Opera Glass" and "A-Blrdlng on a Bronco" She describes 151 different birds bo simply that the pernon most Ignorant about birds can understand the description ; and color-keys with pictures of the bends of .all the species described arc ndded TUc book contains nearly 300 Illus trations. New books received : Srnset. by Beatrice Whltby. D. Applclon H Co , Town and Country library. 50 cents An 'elusive Lover , by Virna Woods Houghton , Mlfilln & Cov Boston. $1. The Unseen Hand , by Diwrcnco T. Lynch. L-iIrd & Lee , Chicago. 50 cents Evolutloral Ethics nnd Animal Psychology by E P. Evans D. Appleton & . Co , New York. $1.50. Sweethearts and Friends , by Maxwell Gray D Appleton & Co , Now York. TOBII and Country library. BO cents. The New Puritanism , by Lyman Abbot' rnd others. Fords , Howard & Hulbcrt , New York $1.25 Eighty Years and More ; Reminiscences of Elizabeth Cady Stanton. European Publish ing Co , New York. 4 Ballads and Poems , by John II. Yates Charlew W Molilton Buffalo , N. Y. . $1.50 The Language of Light , by Tcrrenco Duffy- San Francisco , Cal. The Yellow iBoolc has become Alnslce's Mugazlnc a decided changer for the better. The Arkcll company has consolidated the publication of Judge , Leslie's Weekly and Demorcat's Magazine. Zola's "Pi.rls" will soon too brought out by the Macmllllans The ndiertlslng the author Is getting just now will greatly help its sale. Probably the- last unpublished poem of H. C. Uunner appears In tlio March t'crlh ner's entitled "Lutftla. " It refers to the last Illness of Heine. At the sale of iBurns' works In Edlnburg a few days ago , a copy of the first Kllmarnock edition , in the original paper covers , uncut , bro ight 572 ( about $2SGO. ) The first of Andrew Lang's now series of Letters to Dead Authors is addressed to Nathaniel Hawthorne and appears in the current Issue of the CbapJHook. Mrs. Harriet Prehcott Spofford will bring out a small volume this spring with Herbert S. Stone & Co , Chicago. The title of the book is "Prlscilla'-s Love Story " E. S. Williamson of Toronto proposes to Issue a handbook of DIckenslnna by sub scription , to contain pictures and notes of Interest to all lovers of the great English novelist. Houghton , LMI til In & Co. , promise about the middle of Februiry thP second scries of letteru of Victor 'Hugo ' , Including letters written while he was In oxlle to Ledru- Rolltn , Mazzlnl , Garibaldi and La mart I no. General Lew Wallace h > .s announced that at his death his study will become the property of the city of Crawfordsvllle , Ind. , for a public library. The edifice- has Just been completed In his beech grove at a coat of $40,000 , and 1 * to be surrounded by an artificial lake. M VY NOT TAICU TWIJVriKTII STIUSRT. Stroi'l Itnllvtny Ooniimiiy Inc'tliieil to Aliiiniloii Ilio lloulctaril. In speaking of probable extension to be made by the Omaha Street Railway company , D. H. Goodrich , eeciutaiy of the company , said that no building could bo done before April 1 In any event , and that no definite arrangements had been made for the con- sti notion of now linen , He said that It was Improbable tbat the North Twentieth street line would be extended out to the exposition grounds because the company did not fare to do It In the face of the Park Commis sion's serious opposition , As to the exten sion of the South Tenth street line the com pany has taken no action. niuu.\i , UUII.UINC .NOTIS. At the postoffico all bands are busy pre paring for the removal which will take place the 22d without fail. It will bo some time yet until the rooms for the other federal officers will be In condition for occupancy. Investigation Into the record of Resale Clifford , who was arrested for passing a Tennrtseo certificate , rtiows that she , with a party ot ten others , came to Omaha from Nashville , In Noshvlllc she was known as Ueislo McDonald. Deputy United States Marshals Ho man end Alton have taken Ralph Holmes to Lin coln for the purpose of securing authority from Judge Munger to remove the prisoner to South Dakota , Holmes U the man who li accused of robbing the Tyndall. 8 , P. , pp t mce. PROVES UP THE SHORTAGE State Rests Its Case Against the Bartloy Bondsmen. EXACT DEFALCATION OF EX-TREASURER x III ( KiivdirrCiiftC Ileooiiut to lie IXiihllMliril tt > ( lie Vrnnc- cntloii Dcfoum- Will Content JtirlNitlcllon. The state ot Nebraska has placed a Jury In possession of all the evidence with which It hopes to secure judgment against the bondsmen of cx-Stoto Treasurer Hartley to the amount of the shortage that existed In the state treasury at ( he end ot his second term , $555,574.01. Yesterday afternoon At torney General Smjth ended his case after consuming but a little more than two days with the Introduction of testimony. Much less time was occupied by the state than In the former trial chiefly for the reason that the present trial was not strung out with the testimony ot the experts who exam ined the books and records In the ofDco ot the state Treasurer. Attorney General Smyth took a ehort cut In proving the shortage by moans of Hartley's own statement of the amount ho should have had on hand when ho left the office and the statement of Treasurer Mcscrvc showing the actual amount ho ac counted for. The difference Indicates the shortage. The case that has been made out by the state is In brief as follows : The bond was first Introduced in evidence , by which the signers bound themselves for any 'short comings of Hartley during his. second term of office. To this bond wns attached the waivers of the original bondsmen to the ad dition of the names of three Omaha sureties when Governor Holcomb expressed himself as dissatisfied with the sufficiency of the original bond. Thcbo waivers , with Iho ex ception of that slqt.ed by Uondsmaii McNIsh , antedated the signing of the bond bj the Omaha bondsmen. McNIsh's waiver was not dated , but verbal proof was Introduced to show that the first of the Omaha , bondsmen , SwoLv , signed the bond about 4 o'clock on January 7 , 1815 , and that McNIsh had signed the waiver at noon on that day. The two other bondsmen signed after Swobe. Con sequently It was proved that ull the oilginal bondsmen had waived the matter of adding signatures to the bond Having thus established the legality of the bond , Attorney General Smjth proved the shortage. He showed that the warrant for $1SO,000 had been disposed of by Hartley , but that he had never turned the proceeds Into the treasury. Then ho proved thit In taking up the warrant Hartley had useil J201.SS4.05 of the state's money. It was also shown .that besides this Hartley's own final statement Indicated that he- should have had in his possession ? 335S7S OS more of the permanent school funds than accounted for. finally proof was given that ho had placed $17,812.48 more deposits In suspended state depository banks than he had any legal right to do This proved the total shortage of $553,674 Cl. All day jesterday was epent In showing this deficiency. When court convened Tuesday m-rnlng , nl- most in hour was spent In Introducing In evidence the various exhibits which .have so fa1- been brought Into the case , none of which had jet been read to the jury. These exhibits consisted cf Hartley's bond , wlth the waivers and verifications of the sureties ; that portion of the sesslo.i laws of 1895 np- p-oprl ting $1 0,101,76 out ot the general fund to reimburse the sinking fund for the money lost by the failure of the Capitol Na'lonal ibank ; the voucher filed by Hartley v. ith the auditor when he drew the warrant for the amount on April 10 , 1S95 ; the war rant Itself : the depository bond ot the Omaha National bank , through which Hartley re alized on the warrant. SHOWING THE SHORTAGE. Attorney General Smyth then proceeded to prove the shortage at the end of Hartley's term of office. Ho first undertook to show thit part of It which consisted of the pro ceeds of the $180,101.75 warrant and the In terest , $201 8S4 05. Tor this purpose William Wallace , the cashier of the Omaha National bank was ( list called to the witness stand. Cashier Wallace testified that the warrant had Leon In the bank and was turned over to Hartley In January , 1897 , upon the de livery by him of a check. The check was later mailed to Hartley. By the consent of the defendants , because of the absence of State Treasurer Meserve , the latter's testi mony in the last trial that tbo check is not In the possession of the state was read to the Jury. The attorney general then made a demand on the defendants for the cheek and in response General Cow in stated the defense did not know that any such check was ever drawn nor where It Is The at torney general proceeded then to prove the contents of the check through the witness. Cashier Wallace said the check was dated some day early in January , 1S97 , was for something over $200,000 , was drawn in favor of J. H. Mlllard and was signed by J. S. Hartley , treasurer. This check was paid by the bank out of funds deposited by "J. S. Hartley , state treasurer , " and which was op deposit to the credit of "J. S. Hartley , state treasurer. " On cross-examination the witness in answer to a number of questions would not say that he knew the ownership of the money beyond the fact that the de posit belonged to "J. S. Hartley , state treas urer. " Because of this General Cow In finally remarked : "I suppose you do not care where the money comes from as long as you get it. " Finally In answer to the questions Cashier Wallace said that the money on deposit to the credit of "J. S. Hartley , state treasurer , " belonged to tbo state. "Has not the state sued xou ( or the amount , " asked the counsel. To th'a ' question Attorney General Smyth objected on various grounds , Including one that It was "not true * , " This brought out a rejoinder from General Cowln that It was true , and the opposing counsel had It out over the table until the court Interfered. UESENTS AN INSINUATION. In answer to further questioning , Cashier Wallace raid ho was a stockholder In the bank. He waB then asked If the bank had not , been sued , but aa objection to the ques tion was Hustatncd. The defense Insisted that the question was proper to enow the Interest of the witness Cashier Wallace was then excused , but before leaving the stand bo desired permission to ask a ques tion. The permission was given , and ad- dretslng the court , ho asked ; "How much abuse and Insinuation la a witnevs to tike when cxi the stand ? " General Cowln arose with a protest , but Cashier Wallace went on : "General Cow In haa Insinuated that I use my position only to get money , I want to say that my hcnor Is just as dear to me as any one'i. " General Cowln attempted to answer , but Iho court would not allow him , Judge Powell told the cashier that bo did not think that the questions were meant to question bis honesty. He said It was pormleslblo to show the interest of a witness. Cashier Wallace was leaving the stand when Gen eral Cowln remarked ; "I did not mean you personally ; I meant Iho bank. " "The honor of my bank Is just as dear to me , " answereJ the witness. A number of books wore Introduced to show that the amount of the check had beun duly eredlted aa a payment out of the slate Funds. Nothing In tbo records Indicated , lion ever , that the proceeds from the warrant - rant bad over been put In the trc.i/sury. At a consequence. Hartley muit have retained : hc proceeds to bis own use ! and tijen took jp the warrant with the state funds depos- ted In the Omaha National bank by means ) t the chock regarding which Cashier Wai- ace testified. WIUCN SWOHE SIGNED. Thomas Swobo. one of the Omaha bonds- nen , coming Into the court room , was called o the stand by Attorney General Smyth Is identified bii ilgnfcturo oa the bond and. raid ho dad signed Itleltlil-r-on January 7 or S , 1895 , at about 4io'olcfclo In the after- roon. I "Where did jou ! gn ! Itl'artcd the attor ney general. i \ "In the office of the Union National bonk. " was the answer. 1 "Who handed you the bohdj" "Mr. Wattles. " 4 I On croc6-exam ! atlon\tho \ witness said he had signed. In the pretence of Wattles and Captain Mareh. No notary public was present. Attorney General Smith now set out to prove the remainder ot the shortage. The final statement of Hartley as state treasurer wns read to the jury , Thte showed that on December 31 , 1S90 , there was a total balance on htnd In the treasury ot $1,817.74934 From that date until January 6 , 1S97 , Inclu sive , the receipts amounted to $13,511.46 , and the payments $297,950.7,0 , The latter In cluded payment of the warrant with Interest. $201.88405. The total balckicc thnt should have bce-n on hand January 6 , 1S97 , was $1,536,304.10. State Treasurer Mcservo was called to the stand to shor the actual amount of this balance that Hartley accounted for. The settlement was tin.do at the close ot busi ness , January G , 1S97 , wheu Hartley's term expired. Of the balance he accounted for $ l,04r lG.S9 , which w.as on deposit In de pository banks. This tcft a balance ot 489.CS7.21 , consisting of money In the perma nent school fund. Ot this balance Hartley turned over In cash only $153,809.13. This left unpaid und a consequent shortage - ago ot $333.878.08. This did not Include the amount ' ot the check ot $201,884.05. Adding this the shortage amounted to $536,7C2.13 , To this must still bo added $17,000. which Hartley had de posited in the First National bank of Alma and the First Natlcnil bank of Orleans In excess of the amount ot state fund ? they were permitted to hive on deposit under their depository bonds. > At this point a recess was taken until the afternoon. Judge Powell announced tliat the trial will go on on Saturday , mrtTLBY's TOTAL' ' SHORTAGE. State Treasurer SIcservo was recalled to the stand In the afternoon and was ques tioned further regarding Hartley's shortage , the attorney general going more Into detail In the testimony. * Among other things Treasurer t Meservc tes tified to was regarding the excess deposits in the two suspended banks at Orleans and Alma. Hartley and his boiidsuicn are held liable for this excess , because the former under the state law was not permitted to deposit moro than the bonds of the banks allowed. The excess dopo< iu the First National bank of Alma amounted to $15.312. IS and In the First National bank of Orleans to $2,500 , the total being $17,812.48. The entire shortage for which Hartleiy failed to ac count therefore amounts to $ TK > 5,574 Gl. Attorney General Smyth Introduced In evi dence a demand made byTreasurer Meuervo upon Hartley for $1,155,316.13in cash. This Included the shortage and. the funds on de posit In depository banksimlmis the amount tied up In the banks vvhlch'havc failed. The supreme court decided that Hartley would not need to turn over luicnsh the deposits , but ho never turned oyor'thc remainder the shortage. j f The shortage in the permanent schoo ! fund , according to the wltntEa. Is divided as follows- Permanent tchooi fund. $270,13'5 43 ; permanent university fulid , $9,77593 ; per manent Agricultural college endowment fund , $43,368 61. , ON CROSS-EXAMINATION. General Cow in cross-examined Treasurer Mcserve at length upon his figures. In the cour.so of his questioning .regarding the ehcrtago of $335,87808 , he asked : "Do you knowof any sulttthat has bgcjn Instituted by the state against other bonds men and on another bond foe this amount ? " "No , sir , " was < the answer. General Cowln referred to'a , suit which has been started In tbe Lancaster county courts nciinst iBartley's first term bondsmen for an alleged shortage of $335,878 03 In the first term. This question dlscJosed ono of the defenses of the "bondsmen " , who will maintain thnt the shortage at the end of the second t"rm ic.illy ex'sted ' at the 'end of the first ttrni and was not discovered through the neglect of Goveinor Holcomb to have the books of the office properly examined. It was In connection with ttyls defense that Governor Holcomb gained such sensational prominence at the first trldl. "Have you taken part A\ith on Investiga tion committee to discover whether this shortage of $335,878 OS occurred in the first or second term ? " was the next question. "No , sir , " State Treasurer .Mcserve an swered , "I turned over the books of the oPlou to soico committee- , but I do not know what It was , doing. " With the conclusion of State Treasurer Jlpsr'rve's testimony Attorney General Smyth vinounccd that his case' was concluded. The defense requested a recess until morning before beginning its case. This recess wa granted. General Cowln also stated that the defense wished to at oncei argue the ques tion of the jurisdiction of the court. This , legal point will probably lie discussed this morning. General Cow In said that ho wished to cross-oxamlno Governor ( Holcomb at the lat ter's convenience on several matters In his testimony. Attorney General Smyth prom ised to have the governor on hand , since the defense will not call him as a witness. it Kaljiirr. Judge Haker is hearing the case of the Paxton & Vlcrllng Iron works against Good- ale & Stein , wherein suit Is brought to re cover a balance of $8235 , The plaintiff al leges that this amount Is/duo on a con tract for the construction , of a motor car. The defendants admit tbat they hired the plaintiff to construct the car , but that It was not built In accordance with tbe plans and specifications nnd that consequently the ve hicle was wcrthlers. In 1895 Goodale & Stein conceived the Ide * of a storage battery for motor cars and worked for several months ) n trying to per fect the scheme. The car was built , but It never worked In a satisfactory manner. The present suit grows out of the conatructlon of this car. ' , J\O ( -H from theCourt. . Henry R. Baker , the Denver man who sued Francis C. Grablo for $2,509 en n draft that was dishonored , and who 'attached Grab'e's property , has dismissed Ills 'suit ' and ordered a release of the property. In the case of W. A. jiraflck , guardian of Willie Meeslck , against ) the Omalia Street Railway company , the flefoidant has con fessed judgment for tbo aura of $7CO. Young McsBlck was Injured last ! Christmas eve while riding on a Shermtn ivenuo car. Sheriff McDonald has' filial his report on the flvo attachments Issued ( on suits brought againtt Francis C. Grable. The returns show that the olllcer JhasJ attached all ot Grable's property In tjils county , Including his office and household furniture. In the divorce case of laxwoll against Maxwell the defendant , the husband , was before Judge Scott on the charge of eon- tempt , It having been alleged that be had violated the order of the court In not hav ing paid over the sumof $500 alimony. Maxwell admitted that he bad not paid the money , but upon the promise that he would pay $ 'CO on February 25 and the balance on March 1 the bearing was postponed until tbe latter date. l vilth IiiHiinK- , An Information charging Insanity has been filed against Mrs. Nellie Carr , who was arrested Saturday hlcht. The woman has been sent to the "County jail pending nn examination at the hnndH of the Insanity board. Jlra. Carr caused the police con siderable trouble a lew clayw ago through ix call of suicide being turne-d In from JC9 North Nineteenth street. The woman was employed as a domestic nt this place , but on account of her peculiar actions was dis charged , On the day this occurred she retired to her room , and locking the door , refused to allow admlttandw to any mem- tier ot the family , She vvttp supposed to Have made away wlfi herself , and ac cordingly n call was sent Into the station. When the officers succeeded In getting In the room Mrs. Carr was found lo be In ap parent good health , but In a downcast Frame of mind. The woman was formerly the wife of an ex-saloon keeper on lower Lftmium street , KILLING ( IF DAN TIEDE1IAS Facts Surrounding the Policeman's Mnrdci All Brought Out , STORY OF THE TRIP TO NELSON'S SALOON \Vltncxcn In tlu > ICiiMnor CIINP tlio Di-lullH of the of Itint . .InIKVI ( i Morj. Taking testimony In the case wherein Au gust Knstner is on trial , charged with the murder of Officer Dan Tlcdcman and the wounding of Officer Al Glover during -the early morning of June 9 last nt Henry Nel son's saloon. Thirtieth nnd Spauldlng streets , this city , has been commenced Sev eral witnesses have been upon the Ptand and one of them , Officer Glover , has Identified the defendant as the party who fired at least a portion of the shots. Up to this tlmo none of the witnesses have connected August Knstner with the shooting of Officer Tlcdcmnn , though the attorney ii for the state say that this will be do no bc- toio the close of the trial. The case is at tracting a large crowd of spectators , the largo court room being filled from morning until night , many women occupying seats In the body of the house. As yet , aside from Intimating th t they will prove an alibi , the attorneys for Kast- ner have not stated what their defense wti : be , though It is said that they may attempt to show that the shooting ot Glover was ac cidental and wad by a member of the party that accompanied him to the scene of the tragedy. A number of exhibits have been offered. These consist of the clothing worn by Officer Tlcdcman and which are now covered with bloodstains and also show the marks of thu bullets and shot which entered his body and which resulted In his death ; also numerous grain sacks , bits ot rope and old clothes , all said to have been taken from the Kastner premise.- and also said to have been In the possession ot them at the tlmo that they are alleged to have robbed the Nelson sa loon. loon.Dr. Dr. Summers , the first witness for the state , described the wounds upon the body of Officer Tlcdcman. The wounds covereil a space of about four inches square In the abdomen , between the navel and the breast bone , and had been Inflicted by shot fired from a shotgun. The shot penetrated the walls of the abdomen. When shot the wlt- ne"s said Officer Tledcman was clothed In his police uniform. TIEDEMAN'S CLOTHES. At this point the clothes worn by the dead officer on the morning of the ahootlng were offered In evidence nnd marked for Identifi cation. The garments weio peifornted with shot nnd covered with dried blood. The doctor testified that Officer Tlcdeman died at Ctarkson hospital nt about 1 o'clock on the afternoon of June 9 , the aftemoon of the day on which he was shot. The wounds received by the officer , the doctor said , were the cause of lila death. On cross-examination Dr. Summers testi fied that ho did not examine Officer Tlede- maii for wounds other than those In his ab domen. After his death the doctor said that ho heard that Tledcman received a bullet wound In the left leg. No effort , however , was made to extract this bullet. When" KB first examined Officer Tledcman , the doctor stated that the wounds would prove fatal and that It wns useless to perform an opera tion or attempt to extract the shot from the abdomen. Henry Nelson , the owner of the saloon at Thirtieth and Spaldlng streets , where the shootlnfe of Officers Yledemun and Glover oc curred , testified , giving n description of the building and the surrounding premises. He said thnt on the night of June 8 he closed the suloon about 11 o'clock , locking the doors and windows. One gas jet was left burning over the bar About 3 o'clock on the mornIng - Ing ot Juno 9 Colonel Pratt called at the wPness' house and told him that burglars had been In the saloon and that two men had been shot. Witness got out of bed , dressed and went over to the engine house , where ho found two men , Officers Tiedeman and Glover , shot. After that. In company with officers , witness went to his saloon , across the street from the engine house. He un locked the front door and entered , finding the saloon In darkness. A window was open The liquor and cigars that had been In the saloon when closed for the" night bid been removed and taken outside , wheio they hnd been placed in sacks and left beside the blacksmith shop , near the rear of tbe saloon. Some lunch had been left in the Ice box when the saloon was closed for the night. ThU had been taken and some of It wi.s found In a sack , -which contained liquors and cigars. Nelson knew August Kastner and knew that he had frequently been In the saloon. The last time that he was in the saloon wan two or three days prior to the shooting of tbe officers. On the window on the cast side of the saloon , the ono that had been pried open , witness found a mark apparently hav ing been made with a chisel. In prying open this window the fasteners had been wrenched off and broken. In closing the direct examination the county attorney proved that the value of the property taken from the saloon was about $100. . HAD DRAWN DDER. When cross-examined Nelson explained the workings of the beer pump in his saloon. When ho left the saloon on the night of Juno 8 the air on this pump was turned off , but when ho visited the place the next morn ing the air was on , Indicating that beer had been drawn during bin absence. Regarding the night , witness said that when ho went to the saloon after being called by Colonel Pratt the night was very dark. There were no stars shining. It was cloudy and was raining. The ground about the saloon was very wet and muddy. When witness entered his saloon after the shoot ing ho found the chairs and table in the same condition as when ho closed the place the night before. Thirtieth street the witness described as the main thoroughfare leading from the city north to the town of Florence. It was the street that last summer was most fre quented by bicycle riders , who otoppcd at the saloon to refct and drink beer In the garden at the rear of the place. The gar den , witness uald , wao kept open every day , including Sundays. DR. SUMMERS' SECOND STORY , Dr. Summers was recalled by the state and testified that at about 3.30 o'clock on the morning of June 'J ho was In attendance upon Olllcer Glover at the Clarkson hospital "How light was It that morning ? " asked the county attorney , " 'It was a stormy , rainy morning , " antwcrcd the doctor , "but it was not pitch dark. I think I might have recognized a man eight or ten feet away , If I was fa miliar with the man " , The ( lector described the wounds found upon Olllcer Glover. There was a bullet wound In his bead and blrdshot In the loin and buttock The bullet extracted from Glover's head was presented , Identified and offered In evidence. On cross-examination the doctor said that ho did not know when daylight rame on on the morning of June 9 At about 4 o'clock on that morning the doctor said he went from his home onto the street. The wound that Glover received was such as would knock a man down and render him uncon- sclou. " for a time at least. At the tlmo of first seeing Qlovcr In the hospital , he ( Glover ) engaged In conversation , but what he said witness could not remember , At this time Attorney Ritchie for the de fendant moved to strike the testimony ol the witness on tbe ground ot Immateriality , GLOVER OIVB3 HIS ACCOUNT , Officer Al Glover , who waa wounded on .he morning of June 9 last at Nelson's saloon it Thirtieth and Spauldlng etrcoU , wai called as a witness. Ho testified that 01 the morning In question ho was taken fron his beat on North Twenty-fourth street ant was directed to go to the saloon , It 'bdw ' reported that there were burglars In thi building On the trip the witness was nc companled by Officer Tledcmin , Officer Os borne and n reporter named Rlley. Oi reaching the saloon Tledennn went nroum the faloon and witness lighted a match am tried to look In , About this time w lines : heard shooting and ran around to the rei.i of the saloon , from which place three met were running One man was dress ol Ii light nnd the others In dark clothes. They were running and In doing so they wcrt stooping do q. The man who wns drcsc In light clothes was about ten feet away At that Instant the man tired a revolver. "Who was the man ? " "To the bes ! of my knowledge the mil was August Kastner. I saw another mai dressed In dark clothes with a tlht-filtlns cap on his head The next thing 1 remem ber I was lying on the ground drowning In my own blood my helmet having fallen down over my face. " The witness then told ot having been taken to n house nearby. Witness said thnt owing to the fact that he worked about eight months out of each twelve at night ho was capable ot distin guishing object ; in the dark much quicker than men who worked only during the day. While doing night work witness had been out during all kinds of weather nnd under all conditions of circumstance ! ) . Officer Glover said that he had been on the pollco force eight years and had ac customed himself to watching men on his beat. POSITIVE ON ONE POINT. On the morning of Juno 9 , the mcrnlng ol the shooting , there were some clouds , but they woie broken and there was a moon "H was light enough. " calil the olllcer , "that I could eec a ii'in a block awny. It was light enough EO Itiat I distinctly saw the man who shot me. I had never seen August KasUicr. The- next tlmo that I saw him was at the Clarkson hospital. A iiumbci of men were brought before me at the hrn- pltal for Identification , August Kastner being among them When I saw Kos.nce , I recog nized him as the man who fired the i hots that wounded me " Witness was out all nltit on the night of June S. It rained some during the night , but denied up before Nelson's saloon was reached. Articles of clothing token from the Kast ner premises were shown to the officer and by him identified as being similar to those vvoin by the tattles who were at Nelson's caloon on the night of the shooting He also Idcntlficl some of the articles ot cloth ing ns bcUig similar to those woin by the man who shot dim In the head. When cic s-e\amlncd. Officer Glover snld that ho remembered after being shot he told Officer Osborno to go to the engine- l.otifie fcr help , ns ho ( Glover ) was hurt Witness Mid tlat ho did not say to Colonel Pratt , " 'I do not know who shot me , ns It Wiis too daik. ' I told him that I was shot , " fcald Glover , "and wanted to bo taken homo " Colonel Pratt rtn his band over my head and said , "It is onlv a sculp wound. " "Did you say to Colonel Pratt , 'I do not know who shot mo ? ' " "No , blr , I did not , " answered the wit ness. Witness had hnd a conversation with Re porter Swccsy of Tlio Hee , but did not nay to him , "I could not see the man who shot me. " "Was It raining at the tlmo you were shot ? " "Yes , a nice little shower , " answered the witness. Relative to the three men , the witness give the same testimony as on his dlicct examination. Ttiey were running , and the ono In light clothes was the ono who fired the shot and who was recognized by th3 witmcs as August Kastner When witness first saw these men , he thought two of them were Officer Tiedeman and Reporter Rlley. Witness did not see n shotgun In the hands of any of the parties at the Ne'oon saloon on the night of the shooting , but ho saw the gllctcn of a gun barrel just before the shot that wounded him was filed. FIREMAN VANDERFORD'S VERSION. Robert Vnnderford , a fireman at the engine house at Thirtieth and Spauldlng streets , testified that he was on duty from 12 o clock midnight to 3 o'clock on the morning of Juno 9 , lant. Wltnc'a went on watch at midnight and at that hour he could sec and observe things outside. At that hour the light In Nelson's saloon across the street was burning full. At 130 o'clock witness again looked out and observed that the light In the saloon was burning Ion. He could see quite distinctly across the slrcet At 2 10 o'clock the vvltncM again looked out and noticed that there waa no light In the saloon. Then he- notified the police alarm operator of the fact. From that tlmo until 3 o'clock witness frequently looked outdoors and each time ho could eeo some distance , probably acrots the street Soon after this the patrol wagon arrived and thrco men got out of It. Ono man went arouid the saloon and another asked where the saloon man lived. At that time It wns raining and continued until nbout 5 o'clock. Witness after seeing the officer go around the saloon heard shots , the sounds coming from the rear of the saloon. At this time the witness saw ono of the officers about fifty feet away , near the blacksmith shop. "I could see the man , " added the witness , "and could distinguish that ho was an officer. When the shots were fired , I could see the flashes. The shots were fired from the potato patch In the rear of the houses near the saloon. " After the shots were fired , witness saw and recognized Officer Tledcman , who was fifteen or twenty feet away. "I could see the outlines of his features nnd could rccognUe him ns Tiedeman. After that he walked back to the engine house and I saw that ho was shot. Ho remained there until about 4-30 o'clock and was then taken away , " When cross-examined the witness snld that the patrol wagon reached the engine house at .1.01 o'clock. The shooting oc curred a few moments later. muvr.ii III/VKI : snvnuui.v iirnr. riri-iiiiiii KnllM Prom a Hume * mill ( irtxllrulNiMl unil Siiralnt-il. George J. Blake , a driver In the city fire department , residing at 1705 Leavenworth street , was thrown from one ot his horses on Tuesday afternoon and had his left leg Injured , Ho was exercising one of his horses nnd while turning the corner nt Sev enteenth and Farnam streets slipped from the home with the blanket. The horse started up and Blake was dragged some dis tance. His back was bruised and his left leg sprained near the ankle. Ho WOP taken to No. 3 engine house and properly cared for there. Blake is the oldest member of the de partment , having been driver for ex-Chief Galligan. MOMUP ivVIIIIH'S : : HACK YAnn. CniitIiiuniiVii > liill mill Itnlilicil on IIU Way ( o the Hum. Robert , a coachman employed by Charles P. Weller , 2102 Wlrt street , had an experi ence Saturday night which Is still the source of considerable surprise to him. Returning homo shortly before midnight be started up the driveway toward the barn , when ho was hold up by two mushed men , who demanded Ills money or his life. Tbe coachman at lirst thought It was a joke , but as tils eye caught the gleam of a revolver In close proximity to bis head ho decided to comply. Dno of the men held his arms behind him while tbe other went through his pockets , taking $3.50 therefrom. This holdup , al though not reported to the police , Is ono of the boldest up to date , CiniiplnliiH af n Ilnfllr'H Ilmull , Frank Conntll , an employe of the Union Parlflo shops complained to the police that he had been swindled In a rjiflle by John Hard , Ho alleges that Hard sold chances upon a horse nnd thnt ho was one of the : ontrlbutorn. Ha Hiiya that number 19 drew the homo and It wax held by himself , ( Juril refuses to deliver the animal , although It la aiUd that lie collected ? . ' 7.W ) ttom tils frit-nils la the rafllp , SCHOOL BOARD AND VETERANS Old Soldiers Take Dp and Sift Sotna Sensa tional Storks. COMMITTEES IKV-SflGATE SCM. CHARGES of niKcrlmitintloii llrlinr Out IlicDrtnllft r ( ho lle-i.fi- DfiinU Drill nl tin- There Is trouble In prospect for ccrtnln members of the Hoard of P-ducatlon who have recently been endeavoring to Induce the Union Veterans' club to start n cnmdo against the present mnjorltj of the board on the charge that It MAS antagonistic to tlio old soldier clement. Soon after the reor ganization of the board , the force of the superintendent of buildings was reduced tea a few of the old men and It chanced that several veterans and sons of veterans wcro among the men dismissal. Ono of the inl- norltj members at once took the matter be fore the veterans' organization and declared that the l.SOO old soldiers In Omalm would vote as a unit to resent this attack on their perogatlv es. Ho represented that the dis missal of the men wns n pirt of a deep down conspiracy on the part of the majority of the bowl to fight the veterans and on this assertion a committee . appointed to appear before the board ntid nsk for an In vestigation of the charges The matter was referrid to the commltte'c on pub Ic propo < y and buildings , which held a session last night. The committee from the old sol diers' organization was present s well as a number of tlu > veterans who had been dis charged The Investigation was In executive session , but the result Indicates that the In- dlMduils who started the prostxdlngs got lather the worst of the encounter. The whole stor > ot the effort on the part of the Hcss-Dcnnls combine to detent the lepubllenci school board ticket last fall cimo out nnd even the men who > hid been ells- charged assured the committee that tlu > y got exactly what they ili.sorvul The wit nesses stated that the > y hnd been compelled under threat of dismissal to contribute a pioportlon of their wages to a fund which was to be used ( o defeat the republican nom inees. They did not hesitate to name Hess and Dennis aa the men who were at the liead of the coospliacy. Thej did not say that Hcsa had told them outright that they would be discharged If Ihc.v lefuec'd to con- tl Unite , but he had told them that If the re publican ticket nns ule ted thej would bo jut of a job , while If the fusion nominees favored b > the combination were elected they could hold their posl lora s long as thej wanted them Iho membeis ot the present committee on liulldlngB and property and Prcsllcnt Jordan then explained to the committee from the Veteinns' club tlio riMoons why the force had been cut clown. Thej showed that un der the rule of the previous majority the funds of the board had been recklessly e'x- pcnded to pay men to do political service and that there was no woilt for such n force of men as they found when they assumed contiol. They con. ended th-it no old aoldlcr liad been dlstnlsMHl except wheie It was plainly necessary hi the Interests of econ omy , and after the committee had been made familiar with the situation the mem bers agreed that the coldlurs had no cause for. complaint. 11ie > slated that they would report to the veterans' orgnnlratlon that they had made a thorough investigation nnd had found that the Hoard of Education had acted fairly and In good fnlth. They Intl- maied that the report would also Include a severe centime of Hess for lib actions In tbo affair. Tit I'nitfC'l Warm n I llolilorn. Ma > cr Moores liars sent a communication to the city council asking that tome ac tion be takcti relative to the outstand'cig warrants on which the statute of limitations will soon expire. A number of suits have recently been begun against the city by people ple who hold thcso warrants ncul arc coin- iclled to begin action to prevent their claims from becoming out'awcd. Wairunts aggie- gating a largo amount are In this condition and a number of additional nulM are In pTew- icct. The course that has been pievlously 'allowed 111 slml'ar cahcs Is to pass ( molu- .10118 waiving the statute of limitations , nnd his will probably bo done In the cases now n controversy. In ttat case most of the warrant holdeia will bo willing to drop the suits. FIT , -vi. dill IK tinMm ] , The return of freezing weather has re- lovcd the city ollklals from some of the nconvcnlcnccs resulting from being stopped on every street corner by constituents who want to register a kick on the condition of the pavements. Ycnterdny's ealn had fcomo effect In washing the refuse from the gutters and the center of the streets , but thcio IB enough left to constitute a nuisance as soon as it thaws again. Ici view of Kits contlu- ; cncy the council will probably provide auf- Iclent funds tonight to keep the cross-walks wsrtablo If It becomes neces&aiy , and thin s all that will bo attempted until the tlmo arrives to have the regular spring cleaning "P. _ Tlirr-t * IliillilhiK IVrmllH. A permit has been Issued to George M , Scofleld to build a frame dwelling at 2721 Caldwcll Btrcet. The Krug Brewing com- viny will erect a saloon building at 100'J lackson street. A permit was Iwucd for the constructlcn of the Illinois hulldlng at the exposition grounds. The cost Is e-stlmutcd at $12,000. rui.iovx * Y IIKT HIS vn > riivci2. Cficnr Storr < I'roprlrlnr CutHie * ( lie VI ii n Who dnrr Suliullril Him. Joe Pelican , the proprietor of a cigar store at 151C Harncy street , waa visited by a man yesterday morning whoso countenance was strangely familiar. The customer asked for a cigar , and when it was furnished him hrew down a $2 bill In payment. When the chnngo was handed back ho asked for other spctlo. This was also furnished him and hen he suddenly discovered that he pos- eesed a small amount of change which ho ould have paid over without having the bill changed in thu first place. Ho then asked or the return of Iho bill. Hy this tlmo the tranger's face awakened a memory In Mr. 'oilcan's mind which was associated with he loss under similar circumstances of a $5 > lll shortly before Christmas. "For stupendous gall , " exclaimed the hate norclmnt , "I think you take the cake. You icat mo out of ? 5 last Christmas , and now ou have the ncrvo to como hero and try It gain , I shall call an olllcer. " Tie would-be customer mumbled somo- hlng beneath his breath and made a bee Ine for the door. The owner of the store est no tlmo In following him , but was not julclc enough 4o ceo where hid man had dls- ppeared. He found an olllcer , however , and bo two started on a hunt for the fugitive. if tor a long chase he was located on North fifteenth street and escorted to thn jail , When searched at the station the police. eadlly Identified the prisoner as Edward Mc-Clmry , a confidence man who IB at the present tlmo under bonds to appear In police : ourt for swindling Charles Hornborg , 241C /umlng street , In a similar manner. Mc- Cleary was arrested a fortnight ago in coin- iany with Charlro Crow for Dwindling the tar keeper at Charles StorU's saloon , 'wenty-fourth and Clark struct * , out of 15 vlillo purchailng some beer. The police au- ert that McCleary l a "good" man and that 10 possesses a record previous to visiting Mi city which they Intend looking up. Ho s alleged to have attempted to wwlndle iherman & McComnU'a drug store and either places about the city on the short chance ackut during the last month. Pelican filed in information against the prisoner cliarg * og him with larceny. ,