Nebraska Newspapers

    THE OMAHA DAILY BEE : SATURDAY , DECEMBER 3 , 1898.
SULLIVAN WITH TOE JURY
Trial of the Man Accused of Killing KIrkland
Gomes to an End ,
DEFENSE RELIES ON ORATORY ALONE
No Testimony Taken 11 lit Tlmt for the
fltnto and Argument * Predicated
OH Point * Hronnht Out Therein
-Court's Instructions.
The * Sullivan case went to the jury after
6 p. m. yesterday. Both attorneys for the
defense addressed the jury on behalf of
their client In their argument they made
a great deal out of Sullivan's condition ot
mind at the tlmo ot the killing of Klrkland.
The view -they presented was that Sullivan ,
having had trouble with the negroes , hav
ing been once hit with a brick or missile ot
Borne kind , had reason to fear a second at1
tack. Then when ho left the saloon , armed
to defend himself , another missile flew past
him at about the same tlmo ho saw the man
ho shot at coming around the corner of
Tenth and Leavenworth streets under the
shadow of the viaduct The man's arm swung
In the air as though he had thrown some
thing. The shot was fired by Sullivan In
eclf-defenso ,
They put .considerable emphasis on the
inability , us they made It appear , ot ( ha
state to prove that Klrkland'a death was
actually caused by the bullet from Sullivan's
pistol. It might have been duo to the vc ry
brick or Btono or something which Sullivan
told ex-Police Captain Mostyn flow past him
Just as he emerged from the saloon nnd
Klrkland came In sight Both called the
Jury's attention to what the girl , Esther
Hultberg , bad testified to .on the preliminary
examination and her change ot front since
tier marriage Baker , Klrkland's cousin.
The Interrogatories propounded to her on
cross-examination , for the purpose of show
ing how conflicting were her statements ,
worn all gone over verbatim.
In his Instructions Judge Slabaugh defined
the differences between murder In the first
nnd second degrees and mcro homicide. It
made no difference if the man killed was
other than the one Intended ; the point to be
considered was whether the evidence showed
Sullivan guilty beyond a reasonable doubt
of maliciously , deliberately and premcdl-
UtcJly killing or without deliberation and
(
premeditation. This would distinguish the
< two degrees. If malice was not proven , but
the act was on a sudden Impute , It would be
homicide. In any event , the fact < that an-
6th6r man had been killed would make no
difference.
An Ileirnrds Sclf-Dcfctme.
An Instruction as to self-defense was
added on the request ot Sullivan's counsel.
The court said that to constitute self-defense
the accused would have to show that he
was In fear of attack , such fear as a rea
sonable taan might experience under cir
cumstances ot attack.
The state had Us testimony all
In by 'noon ' and rested. Ex-Foltce
Captain Haze was called to cor
roborate the evidence of Mostyn , McQrath
and others connected with the police as to
the statements made by Sullivan , Miss Hult-
bc < rg , Samuels and various witnesses at the
tlme > of the accused man's arrest. Police
man Meals went on the stand next to x-
, plain About the shadows cast by the abut
ments of the Tenth street viaduct
' 'A hice point hero arose as to whether the
prosecution' could be compelled to put on all
the witnesses It had subpoenaed , the Tad-
.locks In particular. It seems that their evl-
donco wouM be more In favor of Sullivan
than the state. The defense tried to prevail
'
uoon the court tojnslst upon Winterc'alllng
AesiVtrMfo sAr ughr-\hough7rul'ci7tlial ( it
hftft been'th6 * practice of the district court ,
supported by a supreme court decision , to
call only : such witnesses as were necessary
to make out a case and not these who might
give evidence damaging to the side the ;
Were" ctjlcd by. A Jury attaches great im
portance to1 evidence produced by one side
which favors another. Counsel for Sullivan
'took exception to this ruling.
Walter Brandes , the proprietor of the saTeen -
Teen at Tenth and Marcy , was the first wit
ness .fqr. the defense. Ho was called merely
to show that the shadows cast by the abut
ments at the viaduct made It Impossible foi
Policeman Storey to see all he claimed tc
see.
see.It was thought that Sullivan would hav- ;
been' allowed to testify In his own behali
to show that the killing ot Klrkland wni
unintentional , but hla attorneys conclude !
not to do so , and shortly after the cour
reconvened the argument to the Jury began
no testimony to speak ot being offered foi
Sullivan.
Pawnbroker In Contempt.
The Daisy Raymond diamond suit event
ually developed Into a contempt proceeding
Deputy Sheriff Strykcr went before Judgi
Dickinson and made an affidavit stating tha
when he served the writ of replevin upon th' '
pawnbroker , Altman , the latter refused ti
dltcloso the whereabouts of the jowerry , o
to give it up. Accordingly an ottachmcn
was Issued for Altman , citing him to appea
to show cause why he should not be punlshei
for contempt.
The hearing ot tine contempt case agalns
Altaian during the afternoon resulted In hi
discharge. He showed that he , himself , ha
not made any loan on the Jewelry and coul
not be held personally accountable for 11
It developed that a woman named Mn
Weinberger had been the Instrumentallt
used In the pawning of Miss Raymond's die
mends and William Prlesman , supposed t
be Altman's partner , had made the loan. O
the strength of this the plaintiff was al
lowed to amend her complaint so as to In
elude those two persons as well as Alt
man and a new replevin writ was Issue
gainst alt three. Armed with the secon
writ Deputy Sheriff Btryker and the lavi
worst
enemy
Londonderry
Lithia Water
the foe
C to all
secretions
caused by
high living ,
Endoncd by leading phjr.
ilclini , and told tvtrr *
vlien. Pinu , quarti and
.X1
1'aHton. nullagher & Co. , distributer ! ) .
Bold by Sherman & McConnell Vtug
Ntb.
ycr went again on a legal hunt for tha
Jewelry.
The girl's itorjr as to the loss of her $1,000
worth of diamond * l that the night she In
tended to leave Minnie Falrchlld's place ahe
had been drinking tome. When she was
packing up her effects some ont , supposed
by her to bo Minnie Falrchlld , came to her
and wanted to know If she was going to take
her Jewelry. Somehow she fell off Into a
sleep and the next morning she found a
pawn ticket In the place of It.
Contenting * Confirmation.
During the afternoon yesterday Judge
Fawcett was engaged In hearing the argu
ment In the case Involving the title to the
Mrs. Llttlo property at Twentieth and Far
nam streets. Tic property In dispute con
sists of some tenement houses and the land
tboy stand upon. It was bought by Jock
Morrison In 1892 for 132,000 , of which he paid
to Mrs. Llttlo jri.OOO In cash , giving to her
and the Northwestern Railroad company a
mortgage for the balance.
In December , 1897 , the oroperty went to
solo on foreclosure proceedings. It was
then appraised at 127,600 and was twlco of
fered , but there were no bids presented. The
next time it waa appraised for $23,600 , but
with the same result that , there were no
takers. A third Hmo it was appraised , but
for only $19,500. Then It was bought In by
the Northwestern for $11,814.
The confirmation Is contested and the tale
Is asked to bo set aside.
Another Dnniaae Salt.
A peculiar suit for damages was started
against C. I ) . Havens & Co. yesterday after
noon. Tbo plaintiff * are Marlln A , Oalhoun ,
George E. Jordan and Mark A. Klnuey and
the amount they BUR for Is $2,600. They
set forth that along In May fast they organ
ized the "Dlnnd Directory company , " In
tending to run a rental agency and to fur-
Ish to exposition visitor * a directory ; that
hey rented a building at 1423 Webster
rcct from A. D. White , but that on July
3 Havens & Co. , with a force of men , tore
own the building and removed their books ,
uslncss and signs and they were not able
ftcruard to obtain another building. The
mount aekcd Is what they consider their
lncpa would have been worth If they
ail been able to run It until the exposition
losed.
Whnleu Doyn * Ilorlinare.
Judge Scott yesterday afternoon took up
he trial ot tbo Richard Kitchen estate case ,
n which It Is sought to compel the Kitchen
rothcrs to pay to each ot the two minor
Vhalen boys $10,000 In cash. The deceased ,
.ccordlng to the allegations made , be-
ueathed to the boys this much , but his
rother , James B. KItohen , was given the
ptlon of either turning over to each of the
ioys , through their guardian , $10,000 worth
f Gtock In the Faxton hotel or an equlva-
ent In cash. Eventually this much stock
as assigned to them. It Is charged , though ,
hat the transfer was made after the three
oars' time had expired. An order was ob-
alned In course of time from Judge Keysor
pprovlng this settlement , but U waa set
side at the last term of court.
Divorce
Decrees of divorce were allowed by Judge
Icott yesterday afternoon In favor of Selma
\nclerson agaln9t Theodore Anderson and
Vddlo M. Turney against Lewis C. Turney.
, lra. Anderson gets the custody of the three
minor children and $500 alimony. Her
rounds were drunkenness , cruelty and fall-
re to support her. The Turneys were mar
led In August , 1884 , at Summer Hill. She
waa deserted by her husband seven years
go , It appeared on the testimony. The
: ourt awarded to her the custody of thelt
nly child.
A sharp contest Is threatened inthe case
of Rosa Smith against William N. Smltt
andji big batch of affidavits ' on both sides
was filed with the clerk ot 'the district court
Doty Snc the CHr.
A Jury in Judge Keysor's court 1 trytnt
he damage case of Ezra 8. Doty against th (
city. Doty claims $2,992.50 for having bli
right leg broken August 16 , 1895 , whll <
alighting from a Sherman avenue car In th <
evening at Sherwood avenue , and runnlnt
up against a water barrel near the track
The street was being paved at the time anc
he barrel had been left there In the ordlnarj
: ourse ot work. Doty says there was nc
Ight or signal to show that any obttructlor
was in tbo way.
Note * from the Docket * .
Francis Silver Henry , convicted of bUtg-
ary , has filed a motion for a new trial.
A bill of exceptions In the foreclosure cas (
-f William H. Green against Mrs. Isabellf
E. Morse has been filed with the dlstrlc
ourt clerk as a preliminary ta an appeal.
The Tckamah Herald says that Judge
Baker dispatched his business on the bencl
.hero with marvelous speed. In one day hi
iad three Jury cases and empaneled anothei
ury.
ury.Mrs. . Augusta Engstedt has secured a dl
vorco from Henry B. Engstedt , formerly
engineer at the Crelghton medical college
on the grounds ot cruelty and failure ti
support.
Baoklen' * Arnlcav Halve.
THE BEST SALVE In the world for Cuti
Bruises , Sores , Ulcers. Salt Rheum. Feve
Sores , Tetter , Chapped Hands. Chllblalni
Corns and all Skin Eruptions , and posltlvel ;
cures Piles , or no pay required. It is guar
anteed to give perfect satisfaction or mono
refunded. Price 26 cents per box. For sal
by Kuhn & Co.
MATTERS IN FEDERAL COUB1
Qrand Jnrr Return * Another Bntcl
of Twenty-Six Indictments *
of Litigation.
The grand Jury In United States court re
turned a batch ot twenty-six Indictment
yesterday afternoon. Ot those made publl
one is against Joseph Smith for sellln
liquor without paying the government ta ;
Others are against Ansley White , Wllllat
Evane , J. W. Durham , Louis French , Wll
Ham Pcrrlnc , Charles Hughes , John Fui
cloud , Joseph Oreen , Charles Earth , Thomi
Swallow , Charles Stable and Henry Hai
din , charged with selling liquor to the IE
dlans. This makes sixty-seven Indictment
that the Jurors have found at the preset
session of court.
The evidence in the action ot Rlc
Brothers & Nixon , wherein the latter si
an Indemnity company to recover on
guaranty bond , WM concluded before Judg
Garland latt night , and the arguments are I
be made today , after which the cose wi
be submitted. If a verdict Is not reach <
soon , when the Jurors do agree they wl
report to Judge Munger , as Judge Carlan
loaves tonight for his home at Sioux Fall
whore he will remain until December 1
when he will rtturn and again take up tt
law docket.
United States Marshal Tbummel went I
his home at Grand Island last night. I !
will not return to Omaha until the fore pa :
ot next week.
Judge Muuger has received a copy of U
rules ot tbo United States supreme coui
relative to cases In bankruptcy. The rul
were promulgated by the Judges ot th
tribunal.
Charles Schlank and Charles Merrltt ha'
filed their petitions in the United Slat
court , asking to be declared bankrupts. TI
former alleges that he owes $15,000 and hi
but $75 ot assets. Merrltt alleges that h
debts aggregate several thousands of della
and that hla entire property consists of
$20 shirt stud and $15 worth ot furniture.
Licence * .
County Judge Baxter Issued the followlt
marriage licenses yesterday :
Name and Residence. Ag
Joachim Thlemann , llramford , Kan ;
Mcna Schroeder , Crescent City , la
Fred Jensen , Omaha :
Christina Eversen , Omaha :
BU-CAN--THESECAN--TBEYDID
- - - - -
Buowwfnl Ultimata of the Merchant *
Bean Club Jars ,
SOME GUESSERS FROM GUESSERSVILLE
The Actual Count of the Dean Jnr
on Which Eitlmatc * Hare Cloned
and the Name * of the Snc-
ceaafnl Contestant * .
The Merchants' Bean club begs to make
the following announcement of estimates ot
bean Jars and the actual count ot beans In
the Jars.
Bean Jar No. 22 Nearest estimate , 2,407 ,
by Mrs. Stockham , 1725 South Twenty-ninth
treat ; second nearest , 2,408 , by Tom Me-
Avoy , 920 Farnam ; third nearest , 2,411 , by
W. J. Nash , 816 South Twenty-second ; fourth
nearest , 2,413 , by C. Bright , 3004 South Sev
enteenth street. Actual count , 2.407. Club
member , Balduff , 1520 Farnam street. First
award , five-pound box of candy ; second nnd
third awards , two-pound box each ; fourth
award , one-pound box.
Bean Jar No. 9 Nearest estimate regis
tered , 839 , by George F. Glbbs , 1715 Chicago
street. Other near estimates : W. J. Moran ,
840 ; K. P. Hall , 840 ; Fred M. Johnson , 840 ;
S. W. Sopor , 840 ; Cecil Felton , 841 ; P. Me.
Mahon , 841 ; John Sexton , 838. Actual count ,
839. Club member , Aloe & Penfold Co. ,
1408 Farnam. Award , $7.50 camera.
Bean Jar No. 11 Nearest estimate , 414 , by
Mrs. W. E. Palmotler , 2216 Maple street.
Other near estimates : L. VanValkenburg ,
412 ; Amelia Swan , 413 ; Jay Oould , 412 ; C. T.
Williams , 419. Actual count , 414. Club
member , Howe-Talmage Shoe company , 1515
Douglas. Award , pair of $3.50 shoes.
Bean Jar No. 16 Nearest estimate , first
registered , 717 , by W. H. Wigman , 1816
Dodge street. Other near estimates : R. W.
Ayer , 717 ; Mrs. M. Z , Forscutt , 717 ; George
W. Roberts , Jr. , 717 ; Annie Jess , 717 ; Min
nie Elsele , 718. Actual count , 717. Club
member , T. L. Combs & Co. , 1520 Douglas
street. Award , a gold mantel striking clock.
Bean Jar No. 1 Nearest estimate , 1,020 ,
by Mrs. George H. Oreen , 306 North Eigh
teenth street. Other near estimates : 1,013 ,
by A. B. Tebbena ; 1,021 , by W. Y , Nixon ;
1,019 , by C. E. Brink ; 1,021 , by Arthur
Welsh. Actual count , 1,020. Club member ,
T. B. Norrls , 1413 Douglas street. Award ,
$3 pair ot shoes.
Bean Jar No. 14 Nearest estimate , 1,333 ,
by Mlse Nora Emerson , 2305 Douglas street.
Award , a $6 enameled belt. Club member ,
Henry Copley , 215 South Sixteenth street.
Actual count , 1,332. Other close estimates
were : 1,334 , by Van Brocklln , 1514 Douglas
street ; 1,335 , by J. H. Walkup , 2014 North
Twenty-fourth street ; 1,328 , by Mrs. L.
Davis , 2018 North Twenty-first street ; 1,327 ,
by Howard Bruner , 2321 California.
Bean Jar No. 24 Correct estimate , 1,060 ,
by Mrs. 'M. E. Hogle , Twenty-sixth and A
streets , South Omaha. Award , a perfume
atomizer filled with Magnolia perfume.
Second nearest cellmate , 1,061 , by R. W.
Ayer , 1501 Jackson. Award , ono pound
Lowncy'a chocolates and ban bans. Actual
count , 1,060. Club member , Sherman & Me-
Connell Drug Co. , 1513 Dodge street.
Bean Jar No. 11 First correct estimate
registered , 923 , by M. Z. Forscutt , 2220 North
Nineteenth street ; same estimate by Charles
Krello , 1813 Center street. Actual count ,
323. Club members , Howe-Talmage Shoe
Co. , , 1516 Douglas street. Award , pair ot
boys' $2.00 shoes.
Bean Jar No. 21 Correct estimate , 1671 ,
by R , W. Ayer , 1501 Jackson. Actual count ,
1,671. Club member , Pease Bros. , 122 South
Fifteenth street. 'Award , $5.00 Knox hat.
Bean Jar No. 30 First correct estimate
.registered , 691 , by A. J. Felton , 2413 North
Eighteenth street ; , same estimate' by DTD.
Miller , 1626 Emnvctt street. Actual count ,
691. Club member , Max Becht , 720 South
Sixteenth street. Award , a $9.00 medallion
picture.
Bean Jar No. 8 Nearest estimate , 2,016 , by
Mrs. R. C. Arnold , 913 North Nineteenth
street. Actual count , 2,015. Club member ,
Orchard & Wilhelm Carpet Co. Award ,
$3.00 lamp.
Bean Jar No. 12 Nearest estimate , 1,117 ,
by M. G. Landls , 2412 Indiana. Actual
count , 1,117. Club member , A. D. Morse ,
1617 Douglas street. Award , pair of $3.00
shoes.
Bean Jar No. 19. Nearest estimate ( first
deposited ) , 3,526 , by George F. Glbba , 17U
Chicago. Same estimate made by Maude
Huston , 1120 Farnam. Actual count , 3,526 ,
Club member , J. Morrlssey Plumbing com
pany , 319 South Fifteenth street Award ,
$5.00 onyx top braes table.
Bean Jar No. 31 Nearest estimate , 557 ,
by Mrs. W. A. Sounder , 2060 North Nine
teenth street ( first deposited ) ; also by M. G
Landls , 2412 Indiana , and by.H. H. Berger ,
2208 Harney. Actual count , 657. Club mem
ber , Robert Dempster company , 1215 Far
nam , Award , Cyclone No. 2 camera.
Bean Jar No. 1 Nearest estimate , 2,064 ,
by D. D. Miller , 209 South Twenty-eighth
street. Award , pair of $3 shoes. Club mem
ber , T. B. Norrls. Actual count , 2,064.
Bean Jar 8 Nearest estimate ( first de
posited ) , 1,065 , by W. H. Wigman , 18N
Dodge ; actual count , 1,064 ; club member
Orchard Wilhelm Carpet company , 1414
16-18 Douglas street ; award , $3.00 lamp
Bean Jar No. 2i Nearest estimate , 3,650
by H. B. Morse , 2640 Harney street ; actua
count , 3651 , Club member Guarantei
Clothing company , Capitol avenue , near Six
teenth street. Award Man's worsted suit o
clothes.
Bean Jar No. 16 Nearest estimate. 1,353
by Nora Emerson , 2305 Dougles street ; actua
count , 1,352. Club member T. L. Combs < S
Co. , 1620 Douglas street. Award A hand
some silver syrup pitcher , valued at $6.50
Bean Jar No. 20 Nearest estimate , 1,977
by W. K" Blackmar , 2020 North Twentletl
street ; 1976 , Mrs. George Magney , 2212 Cos
street. Actual count , 1,977. Club member-
Regent Shoe company , 205 South Fltteentl
street. Award A pair of $3.50 Regent shoes
Bean > Jai No. 28 Nearest estimate , 1,342
by VanBrocklln , 1614 Douglas street. Actua
count , 1,341. Club member Scbaeffer , th
druggist , Sixteenth and Chicago streets
Award Handsome toilet sxst.
Bean Jar No. 12 Nearest estimate , 1,229
by Maggie Fatty , 2706 Cumlngs. Actua
count , 1,217. Club member A. D. Morse
Award Ladles' vlcl kid shoes.
Bean Jar No. 10 Nearest estimate , 1,065
by ? oU Dillacker , 1711 Jackson streel
Actual count , 1065. Club member A
Hospe IBIS Douglas street. Award $3
mandolin.
Bean Jar No. 4 Nearest estimate 93C
by Mae Hunter , 3002 Hamilton street. Act
ual count , 930. Club member Omah
Sporting Goods company. 1316 Farnai
street. Award $6 leather gun case.
Bean Jar No. 21 Nearest eatlmate , 2,104
by Mrs. T. J. Coates , Mercer hotel. Actut
count , 2.104. Club member Pease Brother
122 South Fifteenth street. Award $5 Kno
bat.
bat.Bean
Bean Jar No. 10 Nearest estimate , 1,351
by Blanche Hungate , 2124 Locust stree
Actual count , 1,354. Club member Henr
Copley , 215 South Sixteenth street. Awar
$6 bell.
Bean Jtr No. 7 Nearest estimate
4 1,313 , by V. S. Hayes , 1813 Capitol avcnu
and 1,321 , by W. G. Btnawa , 3230 Bui
street. Actual count , 1,316. Club member
William N. Whitney , 107 South Sixteen )
street. Award Two pairs of $3 shoe
Bean Jar No , C Nearest estimates , 1,31
by A. W. McLaughlln. 1315 South Twcntj
seventh street ; 1,315 , by Mrs. S. E. WI
llamson , 1309 South Twenty-seventh stree
1,315 , by Charles Sheeler , 2124 Locust stree
Actual count , 1,316. Club member Kuhn
Co. , Fifteenth and Douglas streets. Awai
Three $4 bottles of fine perfume.
Bean Jar No. 2 Nearest estimate , 3,98
by T. J. Boyl , 620 South Twenty-fourth
street Actual count , 3,987. Club member-
Omaha Tea & Coffee Co. , 1407 Douglas street
Award $6 jardiniere and pedestal , finished
like the famous Rock wood pottery.
Bean Jar No. 15 Nearest estimate , 2,078 ,
by W. G , Benawn , 3230 Burt street. Actual
count , 2,073. Club member Albert Ed-
helm , 107 North Sixteenth street. Award
$6 solid gold ring , set with emerald and
pearl or ruby and pearl.
Bean jar No. 22 Nearest estimates were :
1,345 , by Mrs. H. C. Betterman , 2219 Locust
street ; 1,350 , by Miss Emma Worm , 1016
Davenport street ; 1,350 , by Charles Sheclcr ,
2124 Locust street ; 1,340 , by George C. Graff ,
2Fil5 Capitol avenue. Actual count 1,346.
Club member Balduff , 1520 Farnam street.
Award First , one 6-pound box ot candy ;
second and third one , one 2-pound box of
candy ; fourth , one 1-pound box of candy.
Bean Jar 0 Nearest estimate , 3,900 , by M.
G. Landcs , 2412 Indiana ; actual count , 3,854 ;
club member , Aloe & Penfold Co. , 1408 Far
nam street Award , a $7.60 Monroe folding
camera.
Bean Jar R Nearest estimates , 1,858 by
Samuel Rees , Jr. , 720 South Twenty-second
street , and 1,857 by Fred Doran , 1754H
Leavenworth ; actual count , 1,858 ; club mem
ber , Albert Cahn , 1322 Farnam street ; two
custom made "shirts , worth $2.60 each.
Bean Jar 26 Nearest estimate , * 1,846 , by
0. A. Larimer , 2730 Caldwell street ; actual
count , 1,844 ; club member , Fred Kern , 1408
Douglas street , an elegant hat
Bean Jnr 19 Nearest estimate , 3,980 , by
Mrs. Irving Crane , 1047 South Twentieth
street ; actual count , 3,981 ; club member , J ,
Morrlasey Plumbing Co. , 319 South Fifteenth
street ; award , a handsome gas lamp , valued
at $5.00.
Bean Jar 25 Nearest eatlmate. 1,225 , by
Irs. George T. Glacomlnl , 3004 North
'wenty-fourth ' street ; actual .count , 1,225 ;
ub member , Omaha Carpet Co. , 1215 Dodge
treet ; award , rug valued at $12.00.
Bean Jar 24 Nearest estimate , 2,197 ; by
V , T. Irons , 2208 Howard street. Actual
: ount , 2,191 ; club member , Sherman & Mc
Donnell Drug Co. , 1613 Dodge ; award , $4.00
ine-half pound bottle Plnaud's perfume.
Respectfully ,
MERCHANTS' BEAN CLUB.
U-OAN ? HU-'CAN ? HU-CAN ? HU-CAN ?
HEARD ABOUT TOWN.
"The western portion of Nebraska Is in
letter shape than ever before , " said Matt
Daugherty of Ogalalla. "Last season our
'armers ' raised good crops and got big prices
or everything that they had to sell. With
s live stock is king and it is on fat steers
hat wo bank. There are lots of them out
urway and they are all In prime condi
tion. The recent storm , while severe , did
ot cause any suffering among the cattle ,
'or a few days , we had to feed , but now the
ange Is open and , IB as good'as it was two
months ago. Few of our people ore bor-
'owlng ' money this year , and Instead of their
> clng borrowers , fully nlno-tenths of them
rould bo money lenders it they could find
iartles who wanted the money. "
W. Walter Windsor of Jlutland , Vt. , a
wool buyer of that town , Is in Omaha on his
way home from a tour through Washington ,
.lontana and Idaho. He says : , "The west
a rapidly becoming the sheep pasture of the
United States. T.wenty-flve years ago we
.bought that the New England and middle
Utcs raised more sheep than all ot the
'eat ' of the world. During my trip I saw
Ingle flocks ot sheep that contained more
animals than all of the flocks In the New
England states combined , "
Senator William V. AJlfln ,1 In the city.
He will spend Uietday her And depart for
Washington this evening. * . Speaking of
"egislatlon relative to Nebraska the-senator
said : ' "There la llttls to'Jbe done at this
esslon of congressf'aslde' from disposing of
ho" appropriation bills , 'disposing of some
unfinished business and possibly enacting
ome legislation that may come up by rea
son of the territory acquired'from Spain. "
Personal Paragraphs.
Mr. and Mrs. M. Horton of .Chicago are
at the Her Grand.
Frank F. Miller of Chicago , representing
Armour & Co. , is at the Her Grand.
F. W. Scott of Chicago Is at the Her Grand ,
B. Cooper of Minneapolis is at the Jlei
Grand.
W. E. Hitchcock , W. J. Foye and Dr. G ,
, Nason have taken permanent apartments
at the Her Grand.
W. A. Poynter of Albion , the governor-
elect , la In the city conferring with friend !
and looking after matters of a business
nature. -
Uncle Jake Wolfe , commissioner of publU
lands and buildings , is spending the day It
ho city. He says his trip hero at this tlm <
pertains entirely to business matters.
General Agent Frawley of the Union Pa
cific passenger department 'at Kansas Cltj
s at local headquarters.
The marriage of Miss Pauline Lowe tc
Lieutenant William L. Murphy of the Twen
ty-fourth Infantry , U. S. A. , has been an
nounced for noon on December 8 , at th <
Unity church.
Captain De Laruar , part owner of th <
Mercur mines and owner ot other largi
mining Interests , passed through Omaha yes
terday on the Union Pacific Overland. Hi
Is considered among the wealthiest mini
owners In the country.
Nebraskana at the hotels : O. W. Davis
Salem ; A. V. Whiting , Lincoln ; Frank E
Wood , Tokamah ; J. E. L. Carey , Ed Farley
Bancroft ; D. T. Chambers-Stanton ; E. P
Meyers , Ogalalla ; Joseph Hill , Beatrice
C. F. Roe , Hart Ing ton ; C. E. Skine , Su
perior.
GATHERING POINTS ON ANTJ
Omaha School Teachers Usien ti
Prof. Ilruner'n Dlncourxc Concern-
in jf the Induntrloun BtiMT.
Nearly 400 teachers of the Omaha publli
schools listened to the lecture yesterda ]
afternoon In the city hall by Prof. Brunei
ot the University of Nebraska. The subjec
was "Ants , " and as the ultimate object o
the lecture was to transmit some of the pro
lessor's knowledge about the ant species ti
the boys and girls ot the public school
through the medium ot the teachers , every
body present had pencil and notebook.-
The lecture treated of the different specie
of the ant tribes , their geographical dlstrl
button and their characteristics. Th
thoughtful omission of scientific phraeeolog
and the giving of interesting bits ot in
formation from time to time regarding th
habits and mannerisms In vogue In the an
world made the lecture an entertaining one
That part relating to the Termite species
or white ants of tropical countries , was < h
most Interesting ; the more so , as Prol
Bruner stated that a species ot this trlb
Is native to the state ot Nebraska. He de
scribed the Termites , saying that they or
the pests ot tropical countries and that the
live in colonies , breeding very rapidly. Th
female Termite hatches 63,000 eggs In
day and lives for several years. These ant
live on dead wood and travel as far as ha !
a mile for food , constructing covered gal
lerlea under which to make the journey , IE
stances have been known where great nun
bers of them have eaten through the woode
Jolits and walls ot houses , leaving tbci
shells , Sometimes they have eaten tbroug
the floors ot bouses Into the legs ot table ;
and even into the tops ot the tables , leavln
them to all appearances the same , but I
reality so hollow that when a book wt
placed upon them they crumbled and fell 1
the floor. Prof. Bruner said that the specif
ot the Termites found In Nebraska are U
yellowrfooted white ants.
IMumlllx of I'lnnrre.
LANSING , Mich. , Doc , 2. Official electlfl
returns from all counties but two chaw Go\ \
, ernor Flngree's plurality to bo T3.S3L _ _
DUTY CALLS ; LOVE FOLLOWS
Babbi Franklin Announces His Approaching
Change in Eloquent Words.
NO UNMIXED JOY EXISTS IN LIFE
With HI * Omnha Friend * n
Hard Thlnir to Knre , bnt Dutr's
Ueninnd Drue * Him Porwnrd
In Llfc'a Ilnttlc.
Instead ot his customary Sabbath cvo
address , Dr. Leo M. Franklin of Temple
Israel said a few words last night touching
upon his eoon taking leave ot his congrega
tion for his new charge at Temple Beth-El ,
Detroit. He will not go to Detroit until
about the middle ot January. Before lie
takes his departure then he will deliver a
formal farewell Ecrmon. One of the com
mittee of eighteen from his new cougrega-
tlon , Samuel Rludskoff of Detroit , was pres
ent to greet him.
The edifice was well filled. The Idea had
gotten out that Dr. Franklin was to leave
immediately , and every member of his con
grcgatlon that could lw there was present.
After au impresslvr service theyoung
teacher in modern Israel said :
Life Is a constant struggle between the
demands of the head and the desires and
promptings ot the heart. Wisdom , judg
ment , discretion , otttlmes direct the unfold
ing of our lives In one direction , whllo senti
ment , affection , love , strive to turn our be
ings otherwise. Fortunate , indeed , may that
man esteem himself In whose soul has not
raged the battle between love and duty.
Yea , blessed be he , if any such there bo ,
whose Idealism baa not beeu checked by the
regretful thought of those who cannot fol
low htm and the. fulfillment of whose am
bitions has not lost much of Its sweetness
In the consciousness that there are those
whoso presence will be missed In the mo
ment of life's victory.
Here he drew a graphic picture ot a sol
dier taking leave of a lovely bride at the
call of duty as au apt similitude for the
occasion , and continued :
The truth Is that la this world there is
no unmixed joy , for so intertwined and In
termingled are the interests of humanlt )
that loss and gain , victory and failure , art
ften to be read in the same incidents of
, fe , according to the paint of view we take
if them.
Duty and Love Walk Together.
When tonight there is suggested to our
mind by circumstances which you all know
he discussion of how to arrive at a rlght-
ious decision ; when we stand prompted by
pposlng emotions , wo must realize at the
utset that the conflict between love and
.uty is , after oil. more seeming than real ;
.hat could we but see with eyes unpreju-
.iced . by our affections and minds unbiased
iy our ambitions , we would coma to the
jonvlction that there is no choice open to
men In the direction of their lives , but that
where duty calls there must they go , for
uty and love walk hand In hand , and one
jollows and glorifies the other. They are
eally not opposed to one another , but like
.ho cherubim upon 'the ' ancient ark ot the
covenant , they stand face to face , and each
sees its own Image reflected In the eyes ot
.ho other. For man the choice is not then
Between duty and desire , but between the
arger duty and the smaller.
The choice , we know. Is never without
sacrifice ; Indeed , seldom , If ever , without
keenest suffering. How well I remember
when over six years ago I left my father's
house and bade adieu to dear ones that I
might enter upon the sacred duties of my
ifo in this community and congregation ;
low the apparently opposing forces of love
Jor my parents and duty to the cause , to
which I had obligated myself seemed to
jtrlvo within mo for the mastery , but how ,
'allowing the voice of duty , I found It , waa
also the voice of parental affection , for that
affection , at its own cost of tears and suf
fering , echoed the call , of duty. Today ,
when six years of my life have been sfJenl
among you , when the sacred fire of friend
ship hallows your hearts and mtno and s
bond of mutual devotion links our , lives
together. I have heard again a voice calling
me to leave the scene of my earliest en
deavors this spot sanctified by the flrsl
enthusiastic offerings of my heart to leave
this home where , coming n stranger and o
novice , I have lived a friend among friend ;
who , from the first day to the last , have
been staunch In their devotion , as they have
been untirlnjr in their desire to make m <
happy in their midst.
Parting Not n Pleasure.
An eloquent tribute to the kindness of hit
congregation was paid by the speaker. "God
knows , " ho cald in conclusion , "It is no cnsj
thing to part from friends like these , bul
ho who devotes himself to the expounding
of those grand principles and those exalted
deals for which Judaism stands must spent
his efforts where they will be the mosi
effective , through the field being larger and
the opportunities greater. " If be failed tc
so devote his life , he reasoned , that It wouli
yield the best and largest fruits , he felt hi
would not be true to his trust. The though !
of this would lessen the pain of the eacrlfici
Involved.
Most of the members ot his congregatlot
shook hands with him after the service , anc
the scene was a rather affecting one. "Wha
s /our loss , " said Mr. Rindskoff to a warn
admirer of Dr. Franklin , "Is our gain. "
Johnson Convicted of Murder.
AKRON. 0. , Dec. 2. Edgar Johnson wai
found guilty of murder today for kllllnj
Oscar Osborne near here , September 19
Robbery was the motive. Tho" Jury recom
mended life Imorlsonment.
THERE IS A GLASS OF PEOPLI
Don't Rive them tea or coffee. Wave yoi
cently there rms been placed In all th
grocery stores a new pre-ptiratloir callei
GUAIN-O , made of pure grains , trmt take
the place of coffee. The most dellcat
stomach receives It without distress , am
but few can tell it from coffee. It doe
not cost over V4 OB much. Children mir
drink It with preat benefit. iGc nnd 25 <
per package. Try it. Ask for QUAIN-O
W. Granville Smith
f urnlibei a Deantlfal Picture Design for the Dee.
CHRISTMAS COVER
tnCOLOUBof
Frank Leslie's
Popular Monthly
NowlOcts. ; $1 a Tear.
Other FMtuns-Rlchly Illustrated :
Thn RmokloB Car. a Farce , l > r W. n. Howi-it-n.
Kmprew of Austria' * Homo , IT Jonx 1' . llococ *
Cuban BJBUBCI , bjr IIK . FRANK LESLIE.
April Rloout , ( Serial ) bjr Eacnioy UAITLE.
Mural Blrera , by MIXXA lavisn.
The Pralaa of Coif , bf W. 0. VIK T. ScTpnw.
Women Jouraallita , bjr CTMTHIA W. ALUEX.
paceTelecraphjr , by AITHCII V. ABBOTT , C. E.
t'eS. ) t'ofMKt"vritiit\h \ { i artTli'ie' "
Prank Ualle Publishing Hoasa , N.Y.
Copia Balit aiut Suliienflioni KecttteJ ly Statdtalen
CENTRAL LABOR UNION WORK
IMcnlc Committee' * Ilppnrt Stnr a
Ilow Hint LniiU for Sonic Time
Joe Koii < nkr nn I * ae.
Turbulence characterized the meeting of
the Central Labor union last evening , and
thrco hours were consumed In transacting
little business. At the last meeting an
unofilclal report from the committees having
In charge the two labor picnics last fall
showed a surplus from these ventures of
$24. An auditing committee \\as appointed
at that time to check up the accounts , and
It reported last night In detail , showing a
balance of $37 , While this wns an Increase
on the original report , someof the mem
bers took the ground that because of this
discrepancy there must be others , and < ho
discussion took an arcrlmonloua turn. Mo
tions for a special meeting of the union to
examine the accounts and for an Investi
gating committee were were made , but wore
finally defeated , and the auditing commit
tee's report adopted.
Joe Koutsky of South Omaha was present
at the meeting and took a full hand In the
discussion just as ho did during the cam
paign as a republican candidate for rep
resentative , and with about the same re
sult , for after having been on the floor a half
dozen times or more a motion prevailed
enforcing that part of the laws of the union
which prevents one being a member of It
who does not work directly In the line of
the union which he represents. This will
go Into effect next month , and unless
Koutsky changes his business ho will bo
shut out.
There was another scrap over organizing
a painters * union at South Omaha. Thqro
are two factions to this union , the ono
recognized generally In the west having
Its headquarters at Lafayette , Ind. , while
the other Is located at Baltimore. The
latter branch still retains the recognition of
the American Federation of Labor , and it
was under this Jurisdiction that the South
Omaha painters wished to organize. The
proposition was vigorously combatted by
the friends of the union In Omaha , who
belong to the other faction. M. H. Hell
made a talk In which he said the move was
an attempt to disrupt the Omaha union , and
predicted that after the meeting of the
federation next month Its endorsement of
the Baltimore faction would be withdrawn
and the latter would go out of existence.
After some more , talk the whole matter was
deferred until after the federation meeting
to see If Dell's predictions came true.
There were many other disputes of a
minor tone , but midst It all the union found
time to attend to some routine matters so
that the evening was not entirely lost ,
The sooner a cough or cold la cured with
out harm to the sufferer the better. Ono
Mlnuto Cough Cure quickly cures. Why suf
fer when such a cough euro Is within reach ?
H Is pleasant to the taste.
LOCAL BREVITIES.
The Douglas County Agricultural society
will hold its annual meeting for the elec
tion of officers and to wind up Its business
for the year In the Board of Trade hall
this afternoon at 2 p. ni.
The Omaha Street Hallway company will
run extra cars on the Harney street line on
next Sunday evening to accommodate those
who deslro to attend the production of Ros
sini's "Stabat Mater" In St. John's church
( Crelghton college ) , on Twenty-fifth and
California streets. It Is requested that
those who deslro seats procure them today ,
as only a limited number can be reserved.
DIED.
MUNUO Maggie , sister of George A.
Munro , of pneumonia , Friday , December
2 , 1S9S , aged 4L years. Funeral services
Sunday. Interment at Washington , la.
B. Reed.
Hon Thos * . .
Speaker of the House
of Representatives , will
contribute to . . ,
Youth's
Companion
for the week of Dec. 8th
a delightful article of
reminiscence and anec
dote , under the title ,
" Congressional Oratory/ '
The Marquis of Lome ,
Mine. Lillian Nordica ,
Israel Zangwill , will
contribute to the re
maining issues of 1898.
THE COMPANION CALENDAR
The moit beautiful gilt ever pre
sented to Companion readers ,
FREE TO NEW SUBSCRIBERS.
Even One Who Sends $1.75 Now
mentioning thli paper or cutting out
and enclotlni thli dip , will receive Tli *
Companion ererj week from the time
of inbierlptlon to .titulary , itoo. Thli
offer Includes the beautiful Double Holi
day Numberi and The Companion Cal
endar. A more appropriate liolMay gUt
cannot be chosen. n E 1M
JIlui. Announefinenlof llttlli ! > rolumtanj Samplt
VopttM itnt r'rte to any atdrni.
PERRY MASON & CO. , Boston , Man ,
\
Bi Sure To Demand , ind Sf That You Ctt
BENSON'S ,
3 8EAL\ [ ON THE
CTAMP ) IQENUINC
'tis the best
POROUS
PLASTER
Don't ntg1totroar"CheitOn1iU. " Arnl7limiaa'i )
chtit thitT ward off cumpUcattuni and
Pl st rte ;
prumptlT euro the oold. Price ! rti. All Uruicltti.
Of m'frm , Heiburr A Johnion , N.Y. , K unobtainable.
BREVITY IS THE SOUL OF WIT. "
GOOD WIFE ! YOU NEED
SAPOLIO
every kind of Cough , Cold , La-Grippe.
GUARANTEED TO CURE Hoaricneti , Influents , Catarrh , nnil all
lungnimthronltroubles , Semi 1 for proof of It. U does not ilckcn or disagree
with tbo stomach. Safe for all ngee. *
Dr. ' Balm.
. Kay's Lung .
Write u , Riving all symptoms plainly and our Physician will give
FHKE ADVICK , n fiS.pazo book of Sold by Drugglits or sent by mall ,
recipes and a FREE SAMPLE. Price , 1O cent * and 85 cents.
Addresi Dr. B. J. KAY MEDICAL CO. , ( Western Office ) Omaha , Neb.
MANHOOD RESTORED
„ , , „ . , . , . , , . „ .
Vitallier will quickly cure all nervous , ot dlaeasea of the f enernllvo or-
> ana brpucuton by youthful errors or ex eiaes. such as Com Manhood ,
Insomnia. Spermatorrhoea , Pains In Back. Evil Dreams. Seminal Kinla-
tlona. Nervous Debility. Pimples , Headaoho. Uonmess to Marry , Ex
haustingDrains. . Varloocele and Constipation , stop * loaaaa by day o
nlrht. Preventaqulcknnaofdlaoharre. which leada to Spermatorrhoea
and Impoltncy. OUaate * the liver , kldnoys nnd urinary orvans of all
ad At-lER Impurlllea. trenf th na 4n4 ratores amall weak onrans. * l.OO a box ,
. . . . . . 6 lor .00. Ouar nte d to cut * CtQd for Ira * circular and 6000 taatJJ
aaaalaU Davl Uedlola * Co. . aaa FraooUoo. Cat ftt ial hHjr n. DUloa Orvw 08. Omaha. Kck
XWINE CARDUIX
Regular as Clockwork ,
DUMAS , ARK. , July 24.
My menses used to come twice a
month and were very profuse. I
had almost constant headache , back
ache , pains in the lower abdomen
and great constipation of the
bowels. I have used four bottles
of Wine of Cardui , taking Black-
Draught as needed , and now my
menstruation Is as regular as clock
work.
Mrs. L M. WITHERSPOON.
The menstrual period should regularly appear no oftener
than every twenty-eighth day , and should continue three to five
days. There U danger ahead if the menies come oftener than
that It means an early death. Happy old age U Impossible
if nature's programme is not carried out If the menses are too
profuse or too scant. If there Is suppression , if there is any weak *
ness or drain In the organs of womanhood , not a moment should
be lost In taking Wine of Cardui. As Mrs. Witherspoon says it
regulates menstruation like clockwork. When a woman is
"regular" , and her delicate and distinctive organism is strong and
well , her health U sure to
LADIES' ADVISORY PtPARTMENT. be perfect and a perfectly
For adrlce In caiei requiring ( pe
dal direction * , addrcC.ilTlneirtup- healthy woman has many
toM , LadUl' jldi-UMV fltpattment ,
Ta Cbat ! * ( at 4cU * Co. years of brightness and hap *
Cbattanooia , Tenn.
plness before her. Wine of
Cardui undoubtedly lengthens life.
A URGE BOTTLE IS SOLD FOR $1.00 BY DRUGGISTS.
OF CARDUIX