OMAHA DAILY BEE : THURSDAY , NOVEMBER 10 < 1808.
PASSIM * ftp llll ! ? , '
End of a Long-Lived and Onoa Famous
Oommnnialio Experiment.
STORY OF HALF A CENTURY'S EFFORT
Inillvliluiillniii Plnnlly Uc ( ro)4N thu
OrKiinl-eatliiii Poiinilril liy Kllc-iine
CiilictVotunl Up lij- the
Courts.
The moat long-lived and undoubtedly the
moat nearly successful of all the expert-
monts ever made In the western hemisphere
with pure communism , rclntcn the Ulobe-
Democrat , came to an end when , on the
28th ult. , Judge II. M. Towner , In the district
tourt , at Corning , la , , entered an order dis
charging the receiver of the New Icarlan
community and formally declaring the com
munity and all Its alfalra ended.
Etlenno Cabal , acholar , historian , sociolo
gist and philanthropist , who two genera
tions ago was stirring all Franco with his
socialistic and communistic writings , and
who contributed much toward Inciting the
revolution of 1818 , of which ho was after
ward the historian ; Etlonno Cabet , contem
porary and co-worker of Proudhon In behalf
of the poor and oppressed of France agita
tor , essayist , hlstorlan.eslcntlst and , finally ,
exile from hla native country was founder
of the community , which , after an exist
ence of almost half a century , came to an
end. In lt palmy days , twenty years ago ,
American studenta of sociology used to
como many hundreds of milts to study the
workings of what was said to be the most
successful communistic community In the
world.
Cabet tried to found his first experimental
colony In France , but the government of
Louis Phlllppo was bltturly opposed to
such experiments , and lt opposition forced
the Icarlans , as the adherents of the new
communistic doctrines were called , to go to
the Now World. The movement had be
come almost a national one In France ; Ca
bot's "Icarla" and Proudhon'e ' Uank of
the People" had set all Franco by7ho ears ,
and the established order of thlnga was In
eerlous danger of being overturned. Driven
from their own country for their first ex
periment In communism , the Icarlans went
fl.rst to Texas , where they wcro offered nn
area as largo as a good-sired French de
Vi , partment for their experiment. Their
emissaries , after looking over the country ,
decided against It , and went to Now Or-
leaim. Hero they were Joined by others ,
md at last , when the Mormons left their
eeat at Nauvoo , 111. , the Icarlans , who had
brought considerable money , bought the
old Mormon holdings In Illinois and secured
from the legislature- Illinois n charter
granting them certain special privileges
and Immunities. About 2,000 French en
thusiasts Joined them hero , Cabet at their
bead. Ho was practically dictator to the
community ; for years no question was raised
a3 to his absolute authority In nil things
relating to the conduct of the community ,
anil BO long an he was left In charge all
went well. The community grow and pros
pered , and thcro was peace and plenty.
Yankee Influence.
Uut the country round about settled tip
"by people who saw no charm In the com
munistic Idea ; shrewd Yankees , who , In
stead of believing that the community
ought to own everything , considered them-
Hclvcs called to secure Individual control of
the largest possible part of the community ,
pressed about the little settlement of com
munists. The new generation of Icarlans
was brought up constantly confronted by the
striking contrast between their own simple ,
jilnln , frugal living and the comparative lux
ury and Independence of the better classes
of people around them. Of course , they al
ways made the comparison with the more
well-to-do of their neighbors ; human na
ture could not have been expected to be
moro discriminating ; and their conclusion
was too often to the disadvantage of their
own style of living. Dissensions arose.
Cabet had given up his dictatorial powers
and granted a charter under which the com
munity , by ballot , chose annually a sort of
directorate. After experience with this plan
ho found It a failure ; . Individualism was
everywhere creeping in. He demanded that
the elected directorate be abollbhed and that
ho bo vested with power to appoint directors.
Hut ho was defeated ; the rising tide of In
dividualistic Ideas beat ever harder and
moro fiercely upon the little Islet of com-
muntim ; every year the Instincts of human
selfishness moro and more overcame the sen
timent of devotion to pure principle that
had characterized the patriarchs of Icarln.
At last a schism came ; Cabet and his mi
nority of followers withdrew and established
another colony at Cheltenham , Mo. , a low
miles from St. Louis. It Jastcd only a few
years and dissolved.
Tin" Move in Iowa.
Two or three years before this schism
Cabet , realizing that his social order could
never bo maintained In the midst of a great
community , Inspired by what he considered
the selfishness of Individualism , had con
cluded that ho must transplant hla commu
nistic seed to some now region far beyond
the confines of civilization , and fondly be
lieving that civilization would not penetrate
far beyond the Mississippi for generations
to come , bo Bent agents to western Iowa
seeking a location. They came to Adams
county , and three miles east of what Is now
the town of Corning found the Ideal tract ,
4,000 acres of rich land In .1 country almost
utterly uninhabited. Cabet came out , exam
ined the situation and ordered the land pre
empted and purchased. This was In 1S53.
The first case on the court docket of Adams
county Is a record of matters concerning
this community , made in 1853. The new com
munity grew fast and prospered ; after the
division of the Nauvoo community It grew
Htlll moro rapidly. Uut the troubles of the
Nauvoo society Involved the Iowa branch.
A mortgage was given on the 4,000 acres In
AdaniH county to William Shepherd of St.
Louis. In time It was foreclosed. Shepherd
was friendly to the colony and suffered It to
occupy his land. In 1859 an arrangement
'was made whereby the community bought
back 1,000 acres from him. Deforo doing
this thcro had been a strong movement In
favor of removal to California. The wise
old men viewed with despair the advance of
American civilization with Its distracting
Individualistic notions , and foresaw that the
experience of Nauvoo would bo repeated.
They wanted to remove to the heart
No soap can be any better than an X
The mobt < >
absolutely pure soap. '
expensive ]
toilet soaps < ,
VI arcnot better y
than Wool J |
Soap. A soap
that won't v
ehrinlc wool 2
tnuBtbeabbO-
lutcly pure
absolutely
free from In
jurious in-
KTedients.
THE BEST SOAP
FOR ANY PUR-
POS5 IS
IT OWIMS.
"Wool Hoop U ftD oiroHctH tttrl * . end "
et ry woniun will txi tootOU'd br mlngll.
. UiKk H.Trr . Nit I vrC
of the unknown nest , as the Mormons had
done. Hut already the
clement
younger ws
In control. tly a majority of one to In the
great council of the colony the proposition
to remove to California wns rejected. The
community enjoyed several years of com
parative prosperity and growth after this
decision. The people were devoted to agri
culture. They Introduced the French mcth-
ods of grape culture , and the wonderful
rucccss In grape growing In southwestern
Iowa to this day la traced In largo part to
their Influence. They lived In true com
munistic otyle ; like the Spartans of old.
they dined from a common table ; the com
munity was charged to a large extent with
the proper raising and education or the
children. All property was owned by the
community and partitioned In accordance
with the requirements of the Individual ,
the community always reserving a store for
the -common safety. At this period In Its
history the colony seemed destined to sue-
ccts ; Indeed , It may be fairly said that It
was a success , If col In n material way , nt.
least In the respect of promoting the happi
ness of Us people , safeguarding them
against poverty , assuring fair education to
the young , and removing much of the temp
tation of selfishnces and Injustice. "Do
iinlo others us yo would that others should
do unto you" ; the golden rule of the Savior
was the fundament of Etlennc Cabet's
theory of life , and he nppllcJ It so far as
possible In the rule of his communities.
The Filial Ulvlnlon.
But once moro the dcllcato plant that
must draw Its nourishment from such In
tangible sources DS a belief In the abstrac
tion of human equality or a deep-seated
conviction that one's neighbor Is as good
as one's self found Its roots crowded and
starved In the soli of selfishness and ambi
tion and individualism. The younger
Icarlans looked around them and saw that
while they had but an Indefinite and In
divisible slake In their "community , thcro
were men among their neighbors who , with
seemingly let's work and toll and effort
than they were required to put forth , In a
few years came to own lands as oxtenslvo
as all the estate of Icarla. They longed for
the freedom of competition and Individual
effort and Individual merit. Kach was
jealous of the other , for each felt
that ho was contributing a larger share of
labor than WAS compensated by the proportion
tion of the whole product which came to
him. And so , In 1886 , there was another
division ; the lands were divided and the
community partitioned off. After this there
was the Old Icarlan community and the
New Icarlan community. The members oj
the new community had desired to admit
all who might apply to the advantages of
membership In the community. Falling to
carry their point , they brought action at
law to set aside and invalidate the charter
of the settlement. In this they succeeded ,
and then came the division. The now com
munity did not Incorporate , for the experi
ences with charters had not been satis ,
factory. After a year or two thu old com
munity disbanded and divided the property
among the surviving members ; the New
Icarla flourished for a number of years yet.
But It could not withstand the disintegra
ting Influences from without. Troubles
arose , disagreements which could not be
settled ; the younger and moro capable
members withdrew , and at last , on Febru
ary 16 , IBM , application was made for the
appointment of a receiver. Kugene F. Bet-
tannlcr was named , and to him was turned
over about 1,000 acres of land and other
property , aggregating about ? 3G,000 In
value.
Since that time Mr. Bettanulcr has dis
posed of the property , dividing the proceeds
In accordance with the orders of the court ,
and , finally , a month ago , filed his state
ment showing the disposition of every
thing. Mr. Bettannler was himself a mem
ber of the community. Still n cotnpara *
lively young man , ho remembers seeing
Etlenno Cabet , and still regards him with a
Ecntlraent of reverential affection. "It was
not n failure , " declares Mr. Bettannler ; "It
Is right In principle , and It will be recog
nized Eomo day as the only right social
order. "
DlMcovcretl by 11 AVoninn.
Another great discovery has been made ,
and that , too , by a lady In this country.
"Disease fastened Its clutches upon her and
for seven years she withstood Its severest
tests , but her vital organs were undermined
and death seemed Imminent. For three
ironths she coughrd Incessantly and could
not sleep. She finally discovered a way to
recovery , by purchasing of us a bottle of Dr.
King's New Discovery for Consumption , and
was f > o much relieved on taking flrst dcso
that she slept all night , and with two
bottles has been absolutely cured. Her name
Is Mrs. Luther Lutz. " Thus writes W. C.
Hnrrnlck & Co. of Shelby , N. C. Trial
bottles free at Kuhn & ' . 'o.'s drug store.
Regular size COc and $1.00. Every bottle
guaranteed.
T1II11TI113.1'01'liS CAM.BU IKO.
Nine of Them 1,1ml Ilefnr * * the Xor-
niiiiin Coniiiereil | Urltnlii.
Thirteen have been the number of Lcos
that have filled the chair of Peter and of
these several have been popes of eminence ,
says the London Skelch. The first of the
name early obtained the appellation of
"great , " leaving less honored titles for those
who might succeed. Hla pontificate. In the
mlddlo of the fifth century , lasted over
twenty years , and a fine early printed edi
tion of his sermons , with a magnificent
Illuminated Initial letter , lies before me as
I write. Leo II , who lived toward the end
of the seventh century , had but a short
rclgn ; Leo HI , In his twenty years of rule ,
had the honor of crowning the greatest of
the mediaeval Caesars , Charlemagne ; the
fourth Leo was an exemplary ponllft , If
nothing more ; the fifth , sixth and seventh
were but transient figures early In the tenth
I century , and the eighth was one of the antl-
I popes. Leo IX , one of the house of llaps-
burg , toward the mlddlo of the eleventh
century. Illuminated the world with his
learning and was canonized ,
i Four hundred and sixty years elapsed before -
fore we como to another Leo , the tenth
of Iho name , Giovanni dc Medici. Illustrious
for his foslerlng of the renaissance , and
celebrated In a different manner for his
Inability to check the Lutheran heresies.
Had ho been less a patron of letters and
a courtier and more of an anchorite thn
Reformation might have been stayed. If not
actually effected within the limits of the ,
church Itself. Another Mcdlcl. though not
of the then reigning house of Tuscany , oc
cupied the holy seat for a few weeks In 1C03
us Leo XI. Again a cap of more than
200 years before we arrive at Leo XII.elected
during the thirty years' peace , when Eu
rope wns slumbering between the Napoleonic
wars and the days of MS. Last of all cornea
the benign and venerable Leo XIII. who is
passing his closing years as occupant 01
the Vatican and as mediator between tin ,
Eons of men. It Is curious , Indeed , that nine
out of the thirteen lived before the Nor
mans conquered "this little Ulo set la the
silver BC.I. "
AVhnllnjr Vevhel Ia nil * Illir I'rlic.
SAN FRANCISCO , Nov. 0. The -whaling
steamer Thrasher has arrived In port from
the Arctic rwlth a big cargo. It has had
the luck that has followed most of the re
cently arrived -whalers and has stored away
In Its hold 15.000 pounds of whalebone.
Its carjo Is valued at over (50,000.
IltlnolH Soldier * net Home.
NRW YOnK. Nov. P. The United States
transport Roumanla , from Ponce , with the
Third Illinois regiment on board , arrived In
quarantine nt 610 a , in.
Overcome ev.l with Eood , Overcome your
roughs and colds with One Minute Cough
Cure. It Is to coed clilUJren cry for It.
It cures croup , broncbltli. pneumonia ,
cud all throat and lunjc diseases.
SHARPERS WORK THE LINERS
How the Gamblers Do Business on th
Atlantic Steamships.
ALWAYS FIND PLENTY OF VICTIMS
[
Smoothest of Card Sharp * Separate
the Pool mill Ills Money Con-
certvil I'lTnrt to Stop
the ! ! iiNliie K.
The big ocean steamship companies whoso
liners terminate the western passage at the
port of New York have decided to make a
concerted effort to squelch the professional
gamblers who make a business of working
the steamers. The officiate of the companies
realize that they have a difficult task on
their hands , but they are going to set about
It with considerable unanimity and deter
mination , for the evil has become very great.
The flrst gun In the anti-gambler campaign ,
relates the Washington Star , was fired In
August last , when one of the largest of the
steamship companies declined to furnish
transportation on a liner In its service to a
well known professional card player , who Is
alleged to have been working the gullible *
on the steamers for more than two decades ,
! and who Is said to possess cfoso onto $500-
, 000 worth of real estate In New York City.
When this man applied , In the latter part of
1 August , tor a cabin at the main office of the
company , ho was politely Informed by the
agent of tb cllno that bo had taken his final
j ride on any of the rtcamers ot the com
pany.
"Why ? " asked the gambler.
"Because , " replied the agent , with all of
the courtesy In the world , "you have long
been known to us as a professional maulpu-
. later of cards ; because for the last twenty
) years or so you are known to have waxed
1 fat on the profits you have picked up at
1 cards on our line and on other lines ; because
this company has finalry wearied of per
petual complaints respecting the accommo
dation It affords to men of your Ilk the
facilities It extends to you for bleeding fool
young men and weaklings not so young ; and
because we're going to wipe out your tribe ,
so far as travel on our line Is concerned , If
It costs us a cool million to do U. That's
lucid talk , Isn't it ? "
"How do you know I'm n gambler ? " asked
the applicant for passage. "How are yon
going to prove it ? No man that I ever won
a dollar from Is going to squeal , you know. ' '
'
A Smooth Talker.
"I'll admit that you have n bit of an edge
on us In that respect , " responded the agent ,
amiably. "However , If you want to make
an Issue of It , we're willing to undertake to
furnish proof that you're n sharper. I'll go
, further and say that It affords me peculiar
pleasure on this occasion to decline to sell
you a , ticket for n rldo on one of our boats. "
"You'ro defamatory , " said the gambler.
"I'll sue you. You can't legally refuse to
furnish me with transportallon. I'll sues
nnd Icl the courts decide the matter. You'll
have a sizable case on your hands , and I
promise- you that I'll beat you. "
j "Go ahead and sue , " replied the agent ,
j cheerfully. "That 1s what wo want you to
i do. If we don't lick you , It won't be because
| we haven't tried. "
| The gambler was as good as his word. He
entered suit against the company for re
fusing to furnish him with transportation
on ono of Its steamers "without good and
sufficient cause , " nnd ho put In another suit
against the agent for defamation of charac
ter. The cases have not yet been called ,
and thcro IB a lot of speculation here as to
what the outcome Is likely to be. A good
deal of this speculation congeals on the
I point ns to whether the steam ship company
will bo able to produce ns witnesses against
the gnmblelr men who have been bitten by
him on ocean voyages. The steam ship com
pany , the action of whose agent was ap
plauded by the agents of all the other trans-
atlantlc lines , nnd which has received the
assurances of the other companies that they
will back It up In every possible way , U
confident of beating the gambler In the
court' ! * decision.
KITort * to Call n Half.
Many feeble efforts have hitherto been
made by the steamship companies to efface
the professional card players from their
lines , but never before did p.ny of these ef
forts contemplate the refusal to furnish
transportation to men known to bo gamblers.
The companies had always been afraid of
that method. A method generally employed
by the steamship companies In recent years
to "knock , " aa It were , the operations of the
card sharks on the liners has been to In
struct the higher officers of the steamers ,
Including the captains , pursers and first and
second officers , to quietly pass the word
around among th jomalo passengers when a
known professional gambler's name appears
on the passenger list of a vessel. This
schema was the source of a considerable re
duction In the earnings of the gamblers ,
but It was never fully succedsful , for the
j "liner workers" frequently changed their
routes and lines of boats , and , moreover , the
gambfors , becoming aware of this plan ,
evolved the Idea of making frtliucnt runs
across the Atlantic without ever once goIng -
Ing near the card rooms , thus lhrowing. 3
steamship officers off the scent and Inducing
them to believe that they had abandoned
card playing for legitimate business re
quiring a deal of transatlantic voyaging.
Again , while some of the old-timers among
the steamship gamblers occasionally dropped
out , now men of their tribe constantly re
cruited their ranks , and It took a consider
able period of watchfulness on the part of
the steamship ofllcers of the different lines
to get one of these newcomers down EO pat
as to be able to-label him In their fists as a
regular professional.
Thus that class of foolish male sea travel
ers who permit themselves to bo Inveigled
Into card games with meu they don't know
have been getting "done. " right along by the
well-groomed sharpers. Of course , the vic
tims themselves rarely "squeal. " but their
non-card playing friends and fellow
voyagers do the squealing for them. Most
of the steamship companies have on file
violent letters from the wives of men who
have been financially shattered by the pro-
fessloual gamblers on ocean voyages. After
a man has been picked clean In the course
of an ocean trip by a man with whom ho
| has had no shore acquaintanceship and who
i appears to bo unknown by all the rest of
the passengers ho Is liable to conclude , toward -
I
| ward the end of the voyage , that he has been
"had" by a professional card player , and he
Is also pretty likely to tell his wife of this ,
I in order to palliate hU purse-flabby condi
tion. While he himself always feels too
1 small after arriving nt the determination
that be hal been done 'by ' a sharp either to
denounce the gambler or to complain to the
steamship company , bis wife , It she be of
the proper militant sort , probably has no
such hesitancy , und It Is from wives of this
character that the steamship companies re
ceive complaints of the gamblers.
I.n ! ( ; Sum I.out ,
Large sums of money have been lost to
the professional gamblers on the liners
within very recent years without the knowl-
i edge of the losings over becoming public
property. Since the profligate son of a
I wealthy piano manufacturer lost his reason
1 on account of extraordinary dissipations
about a year ago a number ot well known
New York men who happpe ed to be aboard
I the tome Southampton lUfiimuhlp with the
I swift youth about three years ago have been
1 telling how he lost nearly $00.000 to ono of
the sharpers In the course of the six-day
crude. The young man , up to the time his
mind went back on him , bad not , on bis
, own admission , bten quite sober ( or a mat
ter of nearly eight year * . At the beginning
of this costly voyage he met In the. smoking
room a thoroughly well groomed , clever and
oven brilliant man of 35 or thereabouts ,
for whom he conceived a grtnt liking. This
man had not long been operating on the
steamers and ho had switched ships on every
crulso ho made for profit , so that be was
not known to any of the steamship officers.
It afterward came out that he- had been the
head clerk of one of the most famous of the
Chicago hotels and that he had lost his
position owing to his penchant for seducing
foreign tourists Into seances at the great
American game of draw , at which ho fleeced
many famous men who came from Europe to
see the World's Fair and who put up at
the hostelry of Thlch he was the head clerk.
One of the mm , by the way , out of whom
he screwed a large sum In Introducing him
to the noble game of poker , was an English
capitalist. , who wrote a to-k about this coun
try on his return to > Engtand , the book fall
ing to specify , however , the amount In sov
ereigns the waiter of It had dropped to the
Chicago hotel clerk. When merry with
wine , this ex-hotel clerk and card sharp was
once known to boast that ho had drllle\l
moro than $50,000 In all out of the guests of
the hotel by which ho wnj employed.
| A Pool mill Illn Money.
i The dissolute son ot the millionaire piano
manufacturer met this hard proposition In
the shape of a finished sharp on the stramer
f the flrst day out , nnd was fascinated by
him. They were at poker within two hours
i after the meeting , nnd nt first for nearly
holt of the voyage. In fact the gambler
was content to pose In the card room ns a
heavy loaer , which , In fact , he was. Ho
condescendingly allowed the rapid young
, man at the other side of the table it was
a two-handed game throughout to win
from him nearly ? 12,000 , most of It In cash
and the remainder In drafts. As the young
man had been a steady and prodigious loser
nt every game of chance , Including horse
raclnz , in which ho had become Involved
ever since his majority , ho was naturally
flushed with victory over his winnings , and
the men who saw It all say thai his braga-
dodo was something painful to hear and
witness in view of what came later. Oh
the fourth day out ho began to lese nil ot
his winnings back. On the fifth day he was
$35,000 In the hole , for which ho gave per-
I fectly collectible drafts on his father. Ho
! was traveling alone , but n number of bla
I follow voyagers who knew his father got
I at him and tried to Induce him to quit the
'
game. The sharper , also , feeling that hu
had won enough for one cruise , advised the
young man to abandon the game.
"I can't of course , throw up the cards ,
now that I am such a heavy winner , " re
marked the gambler , with every appearance
of generosity , "but I'd advise you to quit
now. I am astonished that I should have
permitted myself to get Into this so deeply.
It Is contrary to my custom , 1 a.'sure you. "
"Wo'll piny on until wo sight the Lizard , "
replied the reckless young chap , doggedly.
"Do you know the man you'ro playing
with ? " Inquired some of the passengers who
tried to pound sense Into his brandy-In
flamed head when they got him aside.
"No ; neither do I know you , " was his In
variable reply. "I don't care a d n whether
he's all right or not. Ho can't play any
better poker than I can. I'd take It kindly
If you'd all mind your own business. "
A Ilenvy Ioxer.
There was nothing , of course , to bo done
with a man who talked In this fashion , and
so ho was permitted to go his foolish way
without any further expostulation on the
part of the men who knew his father.
The young man quit the game only when
the steamer had hauled Into the harbor of
Southampton and the llghtcra wcro along
side. He was $59,500 loser , all but $2,500 of
which was In drafts upon his father In New
York. When the passengers were about to
go over the side the prbfllgate told this end
of the story himself the gambler called him
Into a corner and said to him :
"You are to understand that these win
nings I have made from you Irk me a good
deal. I 'would rather surrender half of them
to you , for I am Informed that you have
lately been at odds with your father for
drawing very heavy sums upon him. At
your word I'll dlvldo with you. "
"You wait until I do the bal > y act before
you cut In with any proposition llko that , '
was the reply the gambler , who no doubt
had the cashableness of the drafts more at
heart than the Interests of the youth ho had
"skinned , " received from his vlstlm. "Tho
drafts are as good as Bank of England
notes. I'll go along with you to see that
you get them honored. "
This the young man did when they got up
to London , and the gambler walked out of
the Little Old Lady of Threadneedlo street
with every stiver the drafts called for. He
had performed ono of the biggest gambling
coups over accomplished on an Atlantic
steamer , and lie has not been seen on the
Atlantic since. He Is said to bo now operat
ing on the China steamers that depart from
San Francisco.
niK Flull.
No less a man than Chauncey M. Depow
fell Into the hands of one of the most noted
of the transatlantic card sharps on a voyage
which he made to England about tcven
years ago. Mr. Dcpow smiles bentlflcally
oven yet when ho reflects upon how he won
100 from Tom McOarrahau , who died In
affluence three years ago , after having "fol
lowed the steamers" for many years. Mc-
Garrahan was Introduced to Mr. Depew by
one of the latter's Intimate chums nnd fel
low voyagers. The latter , who was an still
is one of the elderly wcgs of New York ,
knew all about McGarrahau , and so did n
lot of other friends of Mr. Depew on board.
These friends of the grea } . Chauncey , who
knew about McGarrahan and his record , got
together and made a pool that they would
get the gambler and the great nominator to
gether at a game of baccarat. Some of them
but that the thing couldn't be done , while
others laid their money the opposite way.
The gambler McGarrahan wasn't Informed
of the scheme , but be was simply Introduced
, to Mr. Depow and given an opportunity to
'
follow hla natural lient. McGarrahan was a
polished , middle-aged Irishman , a University
1 of Dublin honor man , as ho took occasion to
prove several times for the benefit of
doubters , and he charmed the eloquent
I Chauncey by his wit and wealth of Informa-
| tlon In no time. 'McGarralian ' did business
i ulth a number of gulllbles during the first
1 part of the voyage , but be manifested no
disposition to engage his new friend , Depew ,
In a game of cards , and the men who had
bet that he would were worried. On the
third day out , however , the gambler , finding
business a bit dull , finally Invited Mr.
Dc-pew to Join him In a little game of bac-
' carat. Mr. Depew hesitated and consulted
with his conscience for a moment , but the
Irishman was persuasive.
"I have not hitherto played cards quite
BO publicly , " said Mr. Depew , "but as I don't
suppose I am any better than my neighbors
well , Just a hand or two. "
ilult it 'Winner.
The two men sat down at ono ot the tables
and all of Mr. Depew's friends who were
"In" on the Bchome gathered round to see
how he made out. Mr. Depew won TOO from
the Irish gambler within two hours. Then
ono of the stewards Informed him that hla
ward , who was taking the voyage with him ,
was 111 In her state room and Mr. Depew
hastily withdrew with bis winnings and was
In attendance upon th& youqg woman for
the ( remainder of the voyage.
"Depow , " said one of his friends who
had been In the scheme to get the orator at
n curd table with a professional gambler ,
"do you know who that man was from whom
you won a nice little tiundla of five-pound
notes a few days ago ? "
"A Mr. McGarrahau very clever Irish
man , " was the reply.
Mr. Depow wa * informed who "Mr. Me- f
a.trraban" was. I
"IJlcss my heart , is that no ? " exclaimed
the volubto Chauncey , "I'll devote the win
nings to a fund for the purchase ot poison
tor the hopelessly seasick. "
SUPREME CUUftT SYLLABI
R3I3. Smith ( iKnttist Myers. Appeal from
Lancaster county. Anirnu-d. Norvul , J
1. A tliullnvr nf tact on umillctlnt , ' evidence
will not be disturbed on appeal.
2. Evident ? held fUlIU-Unt to establish
that plaintiff was Induced to rnnko ; m ex
change of lands by fnlso representations ,
3. Where a grantor remains In posses
sion ot renl ratata after the execution of
the deed therefor , one purchasing Is
I'hnrRcd with notice of the right , t.tie or
Interest of such occupant In the properly.
8391. Iioycvn ngainat Ih'ldelbrvcht. Error
from JcfliTson county. Reversed. Irvine ,
A verdict rendered In plain disregard of
Instructions Is contrary to law and will
ordinal liy be set aside , whether or not
the Insiruetlons wer * correct.
WAI. I'cnse 1'lnno Company ugnlnst Cam
eron. Error from Douglas county. Af
firmed. Irvine , C.
An exception to nil of the court's In-
RtruetlniiH , without distributive wordt , is
unavailing if any portion of the charge be
correct.
2. It is not error to refuse nn Instruction
where Hie only evidence offered to whlcn
the Instruction would applicable wns
rejected. In sucn i. i > e the error. If any , is
In roteetlinr the cv'tlencc. '
3 , Although n question In so framed ns
to apparently c.ill ler matters within the
knowledge , of a witness , ci to call his nt-
tcntlon to a wrfntt inorcl > to reficsh his
memory , It Is proper to exclude the nn-
nvcr when from what has preceded It
U clear that the nnawor would bo. not ns
a matter of personal knowledge but In the
nature of secondary evidence ns to the con
tents of the writing.
S3I7. Kyd against exchange Dank , Cort-
land. Error from Lancaster county. Jte-
versed. Irvine. C.
A sheriff holding an execution against n
bank levied the same on n cash tray. He
afterwards released the trny on payment
I to him of a sulllclcnt amount to satisfy the
execution , with an agreement on his part
to refund the money If the bank should
within n time fixed , assure him that the
Judgment , on which thu execution was Is
sued , had been superseded. The bunk sued
the sheriff for money had und received , re-
lylng on the agreement. Held , that tbu
action wns one ngalnHt a public ollleer for
nn act done by him In virtueof or under
color of his office , and must be brought
In the county where the cause of action or
some t > art thereof nroue.
2. The olllccr's liability In such cnse Is
wholly as such ollker , and not under the
contract. If It were his official duty to re
turn the money the contract added noth
ing thereto ; If It were not his duty , the
contract was Illecnl nnd void.
3. A want of Jurisdiction of the person
of the defendant not appearing from the
summons , the return or the petition , maybe
bo pleaded by answer.
4. Whether the statute requiring Bulls'
against public olllcers for nets done under
color of olllce to be brought In the county
where the causeof action or some part
thereof arose , relates to Jurisdiction of the
person of the defendant , or subject mat
ter of the action quaere.
5. If In such case the. defect be ono of
Jurisdiction of the person , It is not waived
by demurring to the original petition gen
erally , If such demurrer Is sustained foi
the reason stated In the order that the
court Is without Jurisdiction , nnd where the
plaintiff waives &ny error In that order by
amending bis petition.
8318. Smith against Dond. Krror from
Lancaster county. Affirmed. Sullivan , J.
1. In an action against n married woman
on a note executed by her as purely for
another , coverture is a complete defense
unless It bo shown that such unto was
made with the Intention on her i > urt of
binding her separate estate for Its pay
ment.
2. Kvldence examined nnd held sufTlclant
to Kustnln the finding of the trial court
that the. note In suit was not made with
reference to , nor upon the credit of , de
fendants' Individual property.
8373. Holmes against Crooks. Appeal from
Lancaster county. Koversed. Harrison ,
C. J.
1. A sheriff to whom an order of sale
has been Issued nnd who lias commenced
the execution of the same during his term
of olTlco may complete the service after the
expiration of such time.
2. A purported affidavit of proof of publi
cation of notice of Bale , of land under nn
order of sale Is not sulllclently authenti
cated If It lacks the signature of an olll
eer to the Jurat ,
10221. Chczem against State. Krror from
Adams county. Affirmed. Norval , J.
1. An averment In nn Information that the
accused from the person of tbe prosecuting
witness unlawfully nnd feloniously did
steal , take and carry away certain property
t > 'longing to stuli witness HUlllclently
charges that thu taking was against the
will of tbe owner.
2. To sustain a conviction for a crime the
corpus delicti must bo proven beyond n
reasonabledoubt. . Tlulo appllfd.
3. Kvldence examined and held to sustain
a conviction of the crime of larceny from
the person.
4. When the offense charged In nn In
formation lias been fully established by
competent evidence the free nnd voluntary
statemnls nnd confessions of Iho accused
may bo proven for the purpose of connect
ing him with the crime.
5. It Is not error to Instruct a Jury that
It must alone determine the credibility of
witnesses , nnd thnt In doing so It Is proper
to consider th > Interest. If any. of a witness
In the result of the suit and bis demeanor
upon the stand.
6. A Jury Is not bound to accept as true
everything testified to by a witness , though
unlni peached.
7. U Is not error to refuse an Instruction
which lias th effect to withdraw from tbe
consideration of tbe jury competent ma
terial cvldcncu In tbe cnso.
5. Krror cannot be predicated upon the re
fusal of nn Insirtictlon which la not ap
plicable to tbe evidence.
9. A party cannot usually be lieaul to
complain of the failure of the court to In-
ntruct upon a particular feature of tlio case
where 1m has not requeslcd a ptuiitr In
struction upon the subject.
8352. nates Smith Investment Co. ncalnst
Pcott. Krror from Douglas county. Attlrmed
Harrison , C. J.
1. All parties to n joint judgment must bo
Joined In error procetdlnes tlrrffrom and
a non-Joiner is n fatal defect in the pro-
cefdlnpH ; but If tbe objection Is delayed
until the final submission of the caune on
Its n'prlls. thr d'fect Is waived.
2. Wbero a judgment In terms Ij Inclusive
of nnd npalnst two parties In an action In
which a several Judgment might have btrn
proper , and of ono part > ' BO embraced bv
the Judcnrnt the court had nn Jurisdiction ,
such JudRmcnl may be nlfirm < 'dIH to the
I one defendant of whom clio.-e wa ? Jurlsdlo-
1 lion.
3. Exclusion of testimony fltirlnK cross-
examination , examined and adjudged Tiot
erroneous. *
4. It Is not error to refus ? an Inntruct'on ,
Ihe subjecl matter of which Is fully cov
ered by one given.
' 8117. Spccht against Kelndorft. Krror from
' Douplns county. Affirmed. Rngan , < \
1 1. A condition or memorandum written In
or endorsed on a promissory note by the
maker prior to its d-livery is a substan
tive part of such note.
2. A contract for the payment of money to
be negotiable must , amongst other things ,
be payable nt some tlmu or other , though
It may bo uncertain when that time will fir-
rive.
| 3. A promissory note which rends : "Six
months after date If elected county com
missioner I promise to pay. " enc. , Is not a
nouotltible Instrument ,
, 4. Surh a note Is a contract of wager on
the result of nn election ; UP enforcenlent
would tend to the detriment of the public
good , and on grounds of public policy ll Is
held lo be abnolutcly , void.
8SGD. American Fir * ln. < utnn' < e Company
npalnst Lundfore. Krro- from npuglaa
county. Affirmed. Norval , .T.
1. A petlllon. when actmlled for the flrt
lime after Judgment , will be sustained , If
the averments therein constitute a cnunn of
action , even though Informally or Indefi
nitely Btatcd.
2. Policy of fire Insurance Is prlina faclo
on admission by thu Insurer of the title of
ownership of the Insured to the property
covered bv th ? policy.
3. The Introduction In evidence of n re
corded deed by the grantee mentioned
therein. In support of his claim of title to
the property , Is Buftlrlent to establish his
acceptance of such deed.
4. Ono IB not bound to know nt his peril
all that Is contained In n newspaper to
which he IH n HUbHcrlhcr. He. is charge
able with knowledge of all matters con
tained In such publication which he Imx
Been or read , as well ns all matters of
advertisements published In Btich newh-
pancr In oliedl nco to Homo Rtntutu or legal
order , nnd which the law has made con-
clusUo of Ills rights , whether ho ever knew
It or not.
6. Proof of the publication In a newspaper
as on Horn of news of the Klvlne of a
mortKaKo upon c rtnln real estate , Is alone
Ruftlclent to establish ihnl a particular sut > -
Bcrlber had actual'knowlcdgo of the-r lst-
ence of such mortgage.
C. Krror cannot be predicated upon the
ndmUslon of evidence to establish a. par
ticular ISHUP. where nucli Issue In snone-
nuently withdrawn from the consideration
of tbu jury by the court In Its Imtructliinr
7. A party cannot complain of the giving
of iin Instruction In harmony with one
which he rcauauted.
8. One who tmdcr an Instruction which
U Riven , which astmmes the existence of
ovldcnco to establish an Issuable fact In
the case , cannot afterward bo heard to
We ( Jo'nt rulvcrttao to rjivo von n no upllnra worth of ( . " oil * f ! 1S
the Ooiilo- Unit cuvo ho will I dish , iii'-t , ntul vi-n can't tvlv n his iito-
men's. If vHi want a-sxrvk'nh'o. ' di > nmlu'ii" ' uHk'ir ntii rcimxnuiiiu rk'o ,
wo will sn plv yon. WKI-.KL.Y OU MONTHLY I'AYMHNIS If y u llko.
Ko oxtru charge.
Our Our
Guaranfes Guarantee
It will heat
It will heat
3 Rooms 3Rooms
a season with
a eeason with
2 Tons 2 Tons
of coal or your
of coal or your money back.
inoney back. The. handsomest
500 Omaha Ktovo in the
Testimonials world.
lMiS S3
COFFEY'S STATION , Ab. , Jan. i.
About a year ago 1 became very
feeble. My menses would last for
three weeks at a time , and my
mind became affected. I had sinkIng -
Ing spells , and many times 1 thought
I was gone. Finally 1 took three
bottles of Wine of Cardui , and
two packages of Bl.tck Draught ,
and my health is better than it has
been in 11 years. I am19 years
old , and Wine of Cardui has
brought me through the Change
of Life all right.
MRS. M. E. DROTHCRTON.
Change of Life is the most serious period in every woman's
life. Many do not survive the ordeal. Those whose delicate
womanly organs are weak and deranged have the most to fear.
Change of Life cannot be avoided. It is part of Nature's pro
gramme. But the pains and dangers can be largely overcome
if Wine of Cardui be taken faithfully. It will fortify a woman's
entire system for the trials through which she must pass. It will
strengthen her nerves , and modify in large part every distressing
symptom. No time should be wasted. Wine of Cardui should
be taken during the whole period of the Turn of Life , sometimes
two or three years. The patient , if she does so , will live
to a happy , peaceful old age
as a reward. Wine of Cardu ! LADIES' ADVISORY DEPARTMENT.
Tor adTlca In cniri requiring opo-
cures "female troubles" of clBlllreotloni , ( ldrepiRlTlng > riup-
, ' ,
torod iMilltt' Adritfry Dtparttntnt
The rimttiiBDOKKMedicineUo.
.
every name. .
CliotUnooga , T nn.
Sold by Druggists. A Large Bottle for $1.00.
"THE MORE YOU SAY THE LESS PEOPLE
REMEMBER. " ONE WORD WITH YOU
assert thnt there wnn no ovlilenco received
tending to prove such fact.
9. A general exception to Instructions Is
eulllclcnt. \ \ here a vim FRO consists of sev
eral piiraRrnpha there must be nn tx-
ccptlon to each Instruction claimed to liu
erroneous.
10. An assignment In a motion for a new-
trial that a Kroup of Instructions Is erro
neous. Is inmiinrlent If one of them U with
out , error and wan properly Riven.
11. Krror In entering a judgment for a
FtatPd Hum upon an insurance policy In
favor of two joint plaintiffs , tlic Insured
nnd thu owner of a niortsuse on thu in-
Hiired premises , where the fitter tilonu WIIB
entitled to recover the full amount of the
loss In harmlc'H , Hlnro It is Immaterial to I
the defendant whether It pays tlit- Hum to
ono or both , and the payrmnt of the judK- I
niont would bo a complete bar to any HIID-
Bcqucnt action brought by cither plaintiff
upon the name policy.
1" . It IP within the dlsctctlon. of the trial
court to Biibmlt or withhold < | iu'Htoiis ! for
special rlmllnKS of Iho jury ; and Its ruling
In that regard will not ho molested unlCHH .
an iibusiof dlm-retlon clearly nppenrH. '
J3. A motion In the lower court to relax
costs la unnecessary to review a Judgment
awarding an attorney's fee In an action
on an Insurance policy.
II. On rendering Judgment on a policy of
Insurance on renl property n reasonable at
torney's fee may ho allowed plaintiff and
taxed na costs without regard to thu date
the risk was written.
Conatltatlon prevents the bnly from rid-
dins lUclf of wnsto matter. Ie Witt's Mi
ni ro sick hcafinche biliousness. Inactive
tie Early niters will remove the trouble nnd
liver , and clear the complexion. Small ,
sugar-coated , don't nrlpo or < ause nausea.
llntloni anil 'Ifoi. |
Detroit Journal1 1 scorn thto from the
bottom of my heart ! " c-xclalmed the proud
beauty. f
"Uut U thcro not always room at the top ? "
faltered the distracted youth , becoming con-
( used at thin point.
For the precepts1 learned at'a mother's !
knee , or from copybooks , ever and iinon [
come rushing back upon us with resistless
force *
I
Wakeful ness
Hereford's Acsd Phosphate
taken beforaretlrlnn quleta thonerveo
and cnuBoa refreshing Bleep.
I'Uiuat to tb * tuu. Shuo Subitltutu ,
Patronize
Home Industries
ll > - I ImxiiiK fiiuiilH Mnilr ul lliu Fol.
louliiK > fl > raJtii Flli-ldl-li-H !
HRBWERIES.
OMAHA I'.HF.WIM ; ASSOCIATION.
Carload phlpmcnts madn In our own re
frigerator cars , llluti Ulliboir , Kllte Export.
Vienna Export , ur.il Kainlly * lixport deliv
ered ' ) ill ) parts of the rlty.
OMAHA HOIII-U : YVOIIICS.
.HiiiN it. : , ( ; - vnrY , I'rop ,
nailers , TnnUs ) and Sheet Iron Work.
COHN1CB WOIIK8.
. p.
UAui.i : roiiMcn xvoitics.
Manufacturer of Onwanlzed Iron Cornices
Galvanized Iron Skylights. Tin , lion and
Slate Hooting. Agent for Klnncar'B Steel
Celling. 10S-10-12 North Eleventh Btreet.
FI.OUU MILLS.
s. r. CII.MA.V.
Flour. Meal. Feed , llrnn. 1013-16-17 N'orth
17th street , Omaha. Neb. C. E. lllaclt ,
Manager. Telephone 632.
IUOX WORKS.
DAVIS .V COWIill.l , , 1IION U'OHICS.
IrOII mill Ill-linn I'lllllllllTK.
Manufacturer ) ) aud Jobbers - > f Machinery.
General repairing a specialty. rci , 1503
and KO& Jackson direct , Omuha , Neb-
UNSKRD OIL.
' '
\V M > IIJI.\.N
Manufacture ; H ii'l process raw Imiced
oil , kettle boiled Hnsttd nil , old pro ess
ground llnired eaks , gronn-l an 1 srrecned
llaisceJ tor drusGlsU. UJIA11A. NUU.
