Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 09, 1898, Page 3, Image 3

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    THE OMAHA DAILY BEE'FRIDAY , DECEMBER 0 , 1808.
GIVES MOORES A REHEAR1NC
Supreme Court Eulei on the Petition Fllec
\t Borne Time Ago.
DESIRES LIGHT ON NEW MATTERS SET OU1
Special Rcqnrit for Argument nn th <
Point that Urontch Ho * No
Ktmidlnic Kvfn If Moore *
I. Ineligible.
LINCOLN , Dec. 8. ( Special Telegram.-
fhe supreme court , at Its session today
( ranted the petition for a rehearing in thi
Broatch-Moores mayoralty case from Omaha
In granting the petition the court re
quested argument on the matters set ou
In the amended petition to the effect tba
In cow Moo re 8 waa declared Inellglbl
Broatch was not entitled to the office , be
cause his successor had been elected an
Qualified.
The point urged In the supplemental brie
Which the court , ask * for further argumen
fa that the section of the charter on whlc
Broatch pretends to hold office until hi
uccessor had been elected has been com
pletely exhausted b > Ibe election of th
present city officers , and that Broatch , hav
Ing no claim or title to the office of mayo
tinder the new charter , has no right to quea
tlon the title of Mayor Moorcs. This polti
Is worked out in detail by a citation of th
charter and reference to the effects which
different Interpretation would have upon th
city government. The point was not urge
In the original briefs for -Mayor Moores an
has never been passed on directly by th
court In ( hop resent controversy.
Hartley Ilonil Cane Ilcverxed.
The supreme court today reversed and re
tnandttl the Judgment In itho Bartley bon
case. The opinion Is by Judge Harrison an
the syllabus Is as follows :
Retention or rejection of a Jury , or , durin
the Impaneling of a Jury , to whom an objcc
Won bun been Interposed , is a matter wlthl
the Jurisdiction of the trial Judge and in th
bronco of an abuse of such discretion wl
furnish no available error.
2. To obtain review In this court of qucs
tlons raised In a motion for a new trial a
exception must bo taken at the tlmo of th
decision to the overruling of snld motion.
3. The code of civil procedure in all 1
provisions and all proceedings under It niu
be liberally construed , with a view to pre
mete Its object nnd assist parties In obtalr
Ing Justice. Sc9tlon 1 , Code of Civil Procec
ure.
4. To obtain a review of the proceedings <
( he trial court In a suit nn exception to tt
final Judgment Is unnecessary.
6. A Journal entry disclosed the present
meat of a motion for n new trial ; in tt
ramo entry It was stated that the dcfcm
ants moved for a Judgment , also the rend
( ton ot the same , following all of which thel
eppoared this : "To all of which plaintiff dul
except * . " Held , sufficient evidence of tt
exception id the action of the court on tt
motion for a new trial , although eomewln
questionable practice , to have the exceptioi
o noted.
6. The Instructions tothe jury are prop <
matters of the record and need not In get
era ! bo preserved in the bill of exceptions.
7. Taking an exception Is an act of couns
in court ; the evidence of the act Is Us noti
tlon of record. /
8. A prepared statement in writl/g of tl
exceptions to the giving speclficafly desl |
mated Instructions , also to refusals to fil'
requested ones duly filed at the proper ttm
endorsed by the trial Judge "allowed , " at
authenticated as a part ot the proceeding
Hold , to furnish evidence of the exceptlt
having been made and to not bo an Improp
manner of notation. Also properly of tl
record.
9. Instructions to a Jury which leave th
body at liberty to Infer or find facts as c :
istent , of which thcro Is no evidence , Is e
ronoous , and such errors , unless wltaoi
prejudice , furnish grauads for a. reversal
a Judgment.
10. The yerdioi , Inasmuch as It was ncce
arlly baaed on a negative finding upon ci
of the Issues In relation to an alleged fallu
or default of a state treasurer In the pe
formance ot the obligations of his offici
bond , determined not sustained by sufBcio
evidence , contrary to the evidence , the li
tructlons ot the court and the law.
Revenue * the Oerter Caie.
The court also handed down an Imporca1
decision In reversing < the Judgment ot tl
case of Oerter against State , Involving i
Interpretation ot the gambling laws. Tl
syllabus reads :
1. The effect of section 1 ot the crlmln
code Is to make the aiding , abetting or pr
curing of another to commit a felony a tm
etanttve and independent crime.
2. On an information charging one as prl
clpal with having committed a felony , t
prisoner cannot bo convicted as an acce
sory.
3. The prisoner was Indicted for setting
and keeping gambling tables and gambit
devices. The district court Instructed t
Jury that It they found that he set up or ke
the gambling tables and devices or "aid
nud abetted another to do so" they shou
find him guilty ; held erroneous.
A rehearing Is also granted In the cs
of T. P. Kennard against the State , I
volvlng the payment of a large claim I
( he collection of money from the genei
government. Kennard was employed by t
governor as the agent of the state to colli
the money , but the court held that uni
the act ot the legislature the governor w
prohibited from entering into such a co
tract. The claim has been before the leg
lature * and tbo courts for the lost twee
years.
-Yuuuc Men * . Republican Club.
The Young Men's Republican club held
meeting at the Llndell hotel last night I
the annual election of officers , which i
eulted as follows : President , B. E. Spenct
vice president , Homer Honeywell ; eeco
vice president , Ralph Johnson ; third v
president , Victor Seymour ; secretary , D.
Flaherty ; treasurer , John Fawell ; sergeai
at-a/ms , George Bush ; board ot dlrecto
Flnt ward , H. G. Abbott ; Second ward ,
O. Stevenson ; Third ward , J. S. Btsht
Fourth ward , Roseo * Pound ; Fifth ward ,
C. Cox ; Sixth ward , W. G. Roberts ; Sever
iward , George II. Harper. It 'was decld
to hold the usual annual banquet on LI
coin' * birthday. During the evening seve
very enthusiastic speeches were made.
Th * Young Men's Christian association
the university held the annual dinner li
night In the conservatory of "Music bull
ing , covers being laid for sixty men. Th <
were officers , committee-men and a few
vlted guests. John Boose , the president
the association , acted as toastmaster.
short-history of the association was glv
by Luclan Marsh , who stated that It v
first organized and placed on a working ba
In 1882. Chancellor MacLcan responded
"Our Young Men" In hla usual happy st :
and won the warm applause of those arou
' the board. C. S. Ward of Mlnreapolla v
present and spoke on "The International ;
Delation , " and afterward mentioned brie
the work being done in the army and
railroad circles. G. A. Adams , Mr. Melt
ner nd Dr. H. B. Ward also responded
toasts. This la the first social affair i
del-taken by the association , but Its si
cos warrant ! that It will not be the last
Lincoln Loral Note * .
The University of Nebraska Is Indlrcc
benefiting by the recent burning of the . '
# coin Normal university , over fifty of the E
dents having enrolled for work la the st
Institution within the lait week.
In the case of Solomon Greenstone agal
lie City ot Lincoln , which has been peed
a year or more , the plaintiff was today gl'
a verdict for $775. The original suit wa *
.15,000 damages for Injuries received In a I
'through u defective ildewalk.
* Mayor Graham was arraigned In dlati
court this morning and pleaded not gul
to the Indictment charging him with br
ry. A motion was filed asking for a e
da ! venire ot Jurors to try the caze and
( rial waa set for next Monday. The dcfti
will be u the point that thert is no I
making the taking of money by an executive
officer , In tlicf manner specified In this In
dictment , a crime punishable under the stat
ute.
ute.Miss Cora Parker held a deception for the
members of the Harden Art club at het
rooms In the University library building last
night. Tbo work of students wan arranged
in tbo main hall , while the walls of oho ol
the smaller rooms were lined with Miss Par
ker's own work , most of which had not been
exhibited before. The rtudlo Is now i-pen tc
all visitors every afternoon until ncxl
Wednesday.
The question as to how long a man must
remain unheard of by his friends to be
come legally dead in Nebraska Is likely tc
be settled In district court this term. Mrs
Catherine Melslngcr has brought suit ugalnsi
the Modern Woodmen on a benefit certificate
issued to her husband on May 18 , 1889. /
week later , Melslnger , who wie n well knowi
barber of this city , left home and has nevei
nlnco been heard from. The plaintiff , nftci
the expiration of the seven yearo * absence
forwarded to the Modern Woodmen proofs o
the above facts , but the order refused te
pay the claim , hence tha present suit.
I'LATTSMOUTII MAN TIH12S OF LIKE
III Health Helm It of All Pleasure foi
IrrliiK Rde.
PLATTSMOUTH , Neb. , Dec. 8. ( Special. ;
I About 10:30 : o'clock yesterday mornlni
Irving Ede , a brother of Walter Ede , com <
milled suicide by culling a four-Inch wount
In the left side of his throat , severing thi
artcrold vein and from the effects of whlcl
he bled to death almost before Dr. Cook , whi
was summoned , could reach him. Ho ha <
i evidently stood In front of the dresser ti
perform the act , as blood was spattered al
, over the mirror , while his bleeding bed ;
was found against the door to his room
where he had fallen after staggering acres
the rcom.
The deceased was a comparative strange
in Ihe city , having come here on a visit ti
his brother , and at his residence the traged ;
was enacted. He was about 35 years ot ag <
and unmarried. He had for a long time beei
In noor health , had utiered with sctatt
rheumatism and a bone tumor of the hip , a
well as an afflicted hand ; and It is suppose !
ho became despondent and concluded to cm
his sufferings. No Inquest was though
necessary by the coroner , as thb inlenlio :
seemed plain.
Suit AKilnnt Stnte Trcnnnrcr.
STANTON. Neb. , Dec. 8. ( Speclal.- )
Dfcvelopmants .n Ihe case of 'Agge Axer
treasurer of Stanton county , against Stat
1 Treasurer Mesorve continue lo prove Inter
cstlng. Immediately following the admls
slon of the case to the supreme court Treas
J urer Meserve signed up receipts and for
I warded the same to Treasurer Axen , cov
' erlng remittances In full from Ihe time th
I demand for monthly statements was madi
In February last , down to and includln
October. They were received by Treasure
Axen the day following the filing ot hi
petition. The remittance for November wa
duly and properly made by Treasurer Axet
but In his receipt State Treasurer Meserv
deducts express charges for the cntlro pe
rlod of eleven months , notwithstanding th
fact that his receipts for all months pre
vlous to November were drawn for th
amounts In full.
Myntcrloun Dldnppearance.
WYMORE , Neb. , Dec. 8. ( Special. ) Isaa
Creevcn , the old widower who was arrcstc
here Monday charged wilh assault with IB
tent to commit an assault upon the perso
of Rosa. Slama , an S-ycar-old Bohemian gtr
last Saturday night , was lo have had hi
preliminary hearing this morning , but whe
the time for trial came it was dlscovere
that Creevcn hod mysteriously dlsappcare
and a further Investigation disclosed the fa <
that he visited Beatrice yesterday and ha
all his property , which amounts to seven
thousand dollars , transferred to hla daugr
ter , who live ? in this city. Where the ol
man has gone Is a mystery , but many pec
plo here tthlnk , lie went to Texas , v. <
Child Scalded.
DAKOTA CITY , Neb. , Dec. 8. ( Special
The 3-year-old child of Mr. and Mrs. F. ,
Gelster met with a painful accident. Mr
Gelster was melting enow and bad set
boli'er of boiling' water on the floor to refl
and had gone after more snow , whe
screams from the house attracted her. Upo
quickly returning she found her little or
Just extricating herself from the boiler <
scalding water. She had fallen In bad
wards and scalded herself badly from tt
shoulders to the knees.
Work of Norfolk Snonr Factory.
NORFOLK , Neb. , Dec. 8. ( Special. ) t
to last Saturday night there have been delli
ered at the sugar factory 1,234 carloads i
beets and 4,268 wagon loads. To form
better conception ot the statement : If tl
cars were made up In a train It would be
trifle over eight miles long and to follow th
up with the wagon train , allowing bi
twenty feet of space for each load , the ei
tire procession would be over twenty-tot
miles long.
Woodmen Dedicate New Hall.
WYMORE. Neb. , Dec. 8. ( Special. ) Tl
Wymore Woodmen of the World dedicate
tl'elr handsome new hall In a fitting manni
last night and at the same time cntertalnc
their friends. Prominent speakers wei
present and the hall was beautifully dec <
rated , while a good orchestra lent an add
tlonal pleasure to the occasion. Later In IT
evening refreshments were served and
general good time was enjoyed.
Improvement * at Auburn.
AUBURN , Neb. , Dec. 8. ( Special. ) J. I
McLaln ot Burlington Junction has bougl
property here and Is erecting a commodlot
blacksmith and machine shop. Consider ;
ble Improvement Is being made In resident
property and there are many calls for bousi
to rent.
HIIOTT Impedes the Formers.
DUNBAR , Neb. , Dec. 8. ( Special. ) Tl
farmers In this vicinity have given up a
hope of gathering their corn until the sno
goes away. It is ao deep that It Is Impo
slblo to get through the fields with a lot
or to get the corn that Is down.
Mliiiourl New * Note * .
Counterfeit $10 bills are being clrculati
In Howard county.
The Chicago & Allan railway company
going to build a new depol at Wcatherby.
The annual meeting of the Missouri Sta
Horticultural society Is being held at Colur
bia this week.
It Is said that rabbit hunting In northwe
Missouri was never better than It Is at tl
present writing.
J. W. Lapman , who was a color sergea
with Roosevell's regiment In Its hottest *
pcrlencey , is visiting friends at ChlUlcccr
While an "Uncle Tom's Cabin" show v-
passing through Trenton one of the bloo
1 hounds became mad and the animal w
taken from the train and shot.
Matt Hall of Saline county Is being blo\
up for speaker ot the lower house of t
general assembly by a number of the indue
tial newspapers ot central Missouri.
Miss Nellie Ileyde , who went from Ho
kins to Jubbulpore , India , as a mission ! )
Is DOW In the wilds of that country and
very 111. She will return to this country t
less her health speedily Improves.
State Superintendent ot Schools-elect Cc
ringlon has appointed II , A. Gass , who ni
edits the Missouri School Journal at Jeff ;
son City , to the position of chief clerk. ! t
Gaes will enter upon his duties In Januai
Secretary Williams of a Gentry couti
mutual Insurance company has secured
rullug of interest to holders of policies
mich concerns. Ho Is Informed that a d
ferent ronstructlon Is now put upon a cera :
\ clause ot the war revenue measure and tt
1 tt U now held that purely local fire Iniurac
companies , levying assessments for the pa
tnaut of lenses and without a reserve fut
are not subject to taxation and the polic
ot ouch mutual companies do not have to
stamped ,
ea ' Hu-can. Perhaps you can why don't y
tr tryT
EVENING BEE IS THE PAPER
Supreme Oourt Bnlea on the Liquor Licen *
Advertisements.
TWO PAPERS CANNOT BE COUNTED AS ONI
Contention of the World-Herald li
Knocked Dot lir the Illtihcut Court
of the Stnte Srllnbun of
the Opinion.
LINCOLN , Dec. 8. ( Special Telcgrom.- )
The supreme court affirmed the decision o
the district court of Douglas county In th
newspaper circulation case , holding that Th
Evening Dee Is the paper having the largea
circulation In Douglas county and that th
Morning World-Herald and Evening World
Herald do not constitute one single papei
The opinion Is by Judge Norval. The syl
labiiB ot the decision Is as follows :
1. One Is a competent remonstrator agalns
the granting ot a liquor license on the groun
that notice of the application for such 11
ceneo wns not published In the newspapt !
hnvlng the largest circulation In the county
notwithstanding he Is personally Intereslc
In the determination of the question.
2. Notice of an application for llquo
Vcense Is required to be given for two week
prior to the hearing In a newspaper pub
llshcd In the county , having the largest clr
dilation therein , unless no newspaper Is pub
llshed In nuch county. Whore a notice I
Inserted In a dally paper It must be pub
llshcd dolly for the period stated.
3. Whether several editions of a datl :
piper are separate and distinct publication
Is a question of fact , to be determined In th
first Instance by the Llccnrt board.
4. Where the matter published In each c
two editions Is not substantially the cam
and each edition has a different heading o
name and Is sent lo a different list of suli
Ecrlbcrs , notice of nn application for llquc
license Is required to bo Inserted In but on
edition thereof dally for the requisite lengt
of tlmo and Us circulation alone Is to be con
flldered In determining whether the propc
newspaper was selected. Rosewater ogtilUE
Plnzenscham followed.
5. Though the * notice Phould not be inserted
sorted In the newspaper having the largei
circulation , the publication will not bo dr
dared Invalid If bad faith cannot be proper !
Imputed to the applicant In making cholc
of the newspaper.
6. License- board has no authority 'oy re-sc
lution or otherwise to designate the newf
paper In which the publication of notice
ot applications shall bo made.
7. Findings of the trial court when sui
talnod by sufficient evidence will not bo dl :
turbed on review.
MINING IN THE BLACK HILL
Unninnl Activity In Ore Prodnctlo
mid Good IlentiltB Are Being
Obtained.
DEADWOOD , S. D. , Dec. 8. ( Special. )
There Is unusual activity In mining mattci
In the Bald mountain district. A week ae
forty-five men were set toi work on the dll
ferent properties of the Portland company i
Portland , and now fifty tons ot good grac
ore are being shipped dally to the smelter i
Deadwood. This Is the oldest mining prot
crty In this district. It has been Idle f <
several years , owing to mismanagement an
disagreement among the stockholders. Mai
ters have been settled now and the work i
developing the mine claims will be pushei
There are three separate mines , the 01
Portland being the farthest west. Two shoo
of ore are being worked here , one nine fe
wide and the other about twenty-five fei
wide and from five to seven feet high. Tt
Empire lies cast , several hundred feet. Tt
main tunnel Is 300 feet and three shoots i
ere have been cross-cut which have an ave ;
age width of twenty feet and three feet I
thickness. The ere Is high grade. The Tr (
Jan mine it In the same' group Vlth the Bn
plre a'nd four well defined shoots of ore ha\
been opened 'up which are from twenty
thirty feet wide and three feet thick. Eac
of the three mines produces two dlnkles i
o'ro per day.
The Clinton Mining company is taking 01
ore from its mine , which adjoins the O !
Portland , the ore brought out through tl
main working tunnel ot the latter. The :
arc four fine shoots of ore In sight , the Ian
est one being 100 feet wide. Two dlnkles i
ore are being shipped every third day. Th
company is also doing considerable prospec
ing on the Jessie Lee Fraction , which Joli
the Empire group on the west.
The Buxton Mining company Is operatli
the Big Bonanza and the Buxton mines , ei
of Terry. One of the largest ore bodies
the district Is being worked In the B
Bonanza , it being over 200 feet wide at
from seven to fifteen feet thick. Fl'
dlnkles of ere per day are being shlppe
The Buxton mine is shipping about foi
dlnkles per month. All three compani
are separate , although the same men a
Interested in them all. Their mining grout
Is considered valuable. All of the mini :
is being done on the upper contact.
At the Portland mines ore Is being tak <
out- from lower quartzlte from the Div
dend mine , owned by Lead parties , 200 fe
lower than the upper contact. The Tornai
mine , at Terry , owned by the Golden R
ward company , Is on lower quartzlte , 1
feet below the Big Bonanza and Duxti
mines. When the ore is all worked out
the upper contacts shafts will be sunk
the lower quartzlte , where It Is almost ce
tain that ore will be found. The mlnli
properties of the three companies are und
the management of N. W. Chapman , supe
intendent , and W. D. Waugh , mine for
man.
man.P.
P. M. Hanson ot Minneapolis has bond
claims at the head ot Squaw creek , own
by Lead and Deadwood parties. This pro
erty has been in litigation a long time ai
'Is now settled. Mr. Hanson has commenc
running a new tunnel between the t\
groups , which Is now seventy feet. Son
oroIs being taken out which contains
high as 25 per cent lead , some silver a :
manganese of Iron. Two carloads of o
were shipped this week to Kansas Cl
for treatment. The lead In the ore w
bo valuable enough to pay the expen
of shipping and treating , which will lea
the gold values clear profit. The ground
to be thoroughly prospected. About 700 to
of ore were shipped last year by the owne
ot the ground.
The Two Jones mine lies adjoining t
Gushurst group. About an acre of land w
recently purchased from this group ot clali
and a tunnel is now being run to strl
a porphyry dike behind which there
thought to bo a body ot ore. Three the
sand feet of drifts and crosscuts have be
run 'in this mine since It was purchased
the present Chicago company less than
year ago from Mr. Rua. It was formei
known as the Rua mine and the seco
year that It was operated Mr. Rua clean
up $50,000 cash from the rich ore. A nu :
her of new shoots of ore have been open
up In the last few weeks. There is a lar
quantity ot low grade ores in this dlstrl
Prospecting and development work are bel
done on each side of the creek and seve
reports of new strikes have been made.
SOUTH DAKOTA'S OFFICIAL VOX
Final Count Glv < * n Iec the Victory 1
Narrow Margin.
PIERRE , S. D. , Dec. 8. ( Special To
gram. ) The count on governor was flnlal
late this afternoon and resulted as follo\
Lee , 37,319 ; Phillips. 36,949 ; Lewis , S91. S <
era ! counties were protested by the attorm
for Phillips on the ground that the a
vasslnc boards were irregular. No furtl
action Is probable until the vote Is t
nounced on all the candidates , which v
probably not be until tomorrow. At tl
time a protest will probably be made
granting a certificate to Governor Lee.
The final totals ou congressmen , with
counties counted , Is' Durable , 38,780 ; Burke ,
35,203 ; Knowles. 32,340 ; Kelly , J2,3l4. There
l a large attendance ot prominent populists
from all over the state , but not the excite
ment of two years ago , when practically nil
ot the offlces were so close that none was
certain.
Two counties , Marshall and Campbell , were
protested on the ground that telegrams were
presented to the board from the auditors of
those counties stating that a revised count
reduced Lee's vote sixteen In the former
county and fourteen In the latter county
and that revised returns had been forwarded.
As none but the regular returns were be
fore the board they alone , were considered.
LIFE SENTENCE FOR MtmDEtlEIl.
StroiiK Chain of Circumstantial Evi
dence Convict ! Thnmai Hull.
CASTLEWOOD , S. D. , Dec. 8. ( Special. )
The Jury in the case of South Dakota
against Thomas Hall arrived at a verdict
Sunday morning and this morning the
prisoner , Thomas Hall , was sentenced by
Judge Julian Bennett to imprisonment for
life at bard labor. ,
The following Is a brief summary of the
case : On September 27 , 1807 , some boys
herding cattle found the body of a dead
man lying In a clump ot bushes on the
north bank of Lake Polnsett. A bullet hole
In the head showed that the man had been
murdered , but there was no clew to the
perpetrator of the crime. A low days after
ward a letter dated September 4 , 1897 , with
neither town nor state given , signed by
Lottie LeMay was found near the spot
stating that Rlngllng Brothers' circus had
been there the week before , and that was
the only clew on which to work up the case.
By writing to Rlngllng Brothers it was
found where the circus had been during the
week stated. Then began the search for the
person who wrote the letter. She was found
six miles from Lincoln , Nob. , and proved tc
bo Mrs. Charles LeMay , wife of the mur
dered man. She said her husband had gone
to Mellotte , S. D. , to work In the harvest
fields. After finding LeMay's name , the
prosecution proceeded to Mellette and foune
that LeMay left thcro on September 15 with
a span of mules and a covered wagon foi
home , accompanied by Thomas Hall ol
Tarklo , Mo. , who had also been working
near Mellette. Traces of them were foun
at Watertown and In this county near the
lake. Hall stopped at Arlington , where hi
disposed of some ot the murdered man'i
property. He was located thcro In March
1898.
DAKOTA COLLEGIANS HONORED
Vntvcrnlty Students Secure Office * In
Republican College Rcaicne.
VERMILION , S. D. . Dec. 8. ( Speclal.- )
At the recent meeting of the Republlcat
College league at Indianapolis the Univer
sity of South Dakota was honored by the
election of Arnold L. Davis for the second
time as president of the league and F. W '
Sargent as treasurer. Mr. Davis grad'u >
ated from the University of South Dakotr
In 1895 and has since taken a post-graduate
course at Ann Arbor , where he is now
finishing his third year ot law. Mr. Sar
gent Is now attending the University o
South Dakota.
HORSES PLUNGE OVER A CLIFF
Forty-Six Are Stampeded In Stern
nnd All Are Killed.
GLENROCK , Wyo. , Dec. 8. ( Special. ]
Ranchmen living twelve miles west of thii
place report that a band of horses number
ing forty-six became stampeded In the re
cent storm and rushed over a high cliff , al
of the animals being killed , by the fall , or si
Injured that they could' not get away ant
froze to death. It is believed that the horset
were frightened by a band of wolves.
Diphtheria nt
ABERDEEN/ . D. , .PgfyjB. . Several , casei
of malignant diphtheria have caused grea
alarm at Warner , Sr pThe schools an
closed and houses quarantined in which th
disease is located. ' One child1 has died am
several others are dangerously 111. Antltox
Ine is being used and it Is hoped-the dlseasi
will be checked
John Good of Oakes is here searching fo
his wife , who is supposed to have elopei
with a salobn keeper front Hecla. No trac
of the guilty couple which would lead t
their detection can be found.
Mrs. M. H. Kelly has gone to Mlnnoapoll
for a visit. From there she will go to Dal
las , Texas , for the winter.
South Dakota New * .
J. H. Klpp , ex-state insurance comnils
sloner , Is now in the employ of tha Mln
ncapolls Tribune.
A golden eagle , measuring seven feet fron
tip to tip , was recently killed by Jack Hen
kel , near Blunt. '
The public schools of Brooklngsvcr
closed last week on account of a thitatentni
diphtheritic epidemic.
Falrvlew , Lincoln county , Is to have a ne\
banking Institution. The organizers are I ]
N. Cooper , J. W. Thompson a d Theodor
Thompson.
C. R. Dolan , grain buyer of Verdon , ani
a farmer named Allen engaged In a des
perate gun and fist fight at that town las
Wednesday. Result Allen shot In the leg
a severed artery and lucky to be nllve ; Do
Ian badly disfigured about the head and fac
now under nrrcit availing a criminal prose *
cutlon. ,
Frank N. Potter , who has engineered tl < e
Sponrflah Register for the last two years ,
Is to bo succeeded by Ferdinand M. forums
of Lead , a newspaper man ot experience oud
ability.
SUccton has n new business enterprise In
the Sljscton Loan and Title company , which
1 n recent Incorporation with J25.000 wp-
Ital , having for UB officers H. Babcock ,
Henry S. Morris and John C. Knapp.
United States officers are after the boot
leggers on the Slsseton reservation. Daniel
Dovaney of Waubay was taken to Yankton
last week by Deputy United States Marshal
Collins and bound over to the federal court.
Peter Vlerwolp , aged BO years , and Wll-
helmlnn. Brink , aged 35 , both married , elcped
from Harrison , Douglas county , recently and
succeeded In getting across the Big Muddy
to Council Bluffs before Sheriff Thomas could
overhaul them.
Captain Tom II , Russell of Deadwood , a
Black Hills pioneer and ex-county register
of deeds in Lawrence county , is In Denver ,
Colo. , seeking to Interest capitalists In a
railroad enterprise to give the Black Hilts
direct communication with the Rocky Moun
tain metropolis.
HYMENEAL ,
i
Murphy-Lowe.
There was a numerous representation ot
society fclks at the Unitarian church at
llgh noon yesterday v'o witness the marriage
of Miss Pauline Whiting Lowe , daughter of
Mrs. William Wlrt Lowe , to Lieutenant Wil
liam Louis Murphy of the Twenty-fourth
United States Infantry. The ceremony was
performed by Rev. Newton M. Mann.
It was a very showy wedding ,
the brilliant military uniforms of
the groom and his best man
forming a strlklnc contrast with the
black silk gowns of the bride and the matron
of honor. Lieutenant David S. Stone of the
Twenty-second United States infantry acted
as best man , and the ushers were : Messrs.
Paul Hoagland , Frederick Murphy , Ralph
Crandell and Harry Cockrcll. The bride was
given In marriage by her brother , Mr. Robert
Lowe , and she was attended by her sister.
Mrs. S. L. Bell , as matron ot honor.
The marriage took place promptly at hlgli
noon. Before that hour arrived every scat
In the little church was occupied , both
Omaha and Council Bluffs being well rop-
icsentcd and a number of army officers and
visiting guests being noticed among those
present. After the ceremony the bridal
party wont to the home of the bride , 1824
Wlrt street , nnd after a wedding breakfast
Llutonant and Mrs. Murphy left for the
vest. They will visit friends in Pueblo and
Colorado Springs on their way to their fu
ture homo at Fort Douglas , Salt Lake City ,
Utah. The bride Is one of the most popular
joung women In Orraha and Is the daughter
of ithe late General Lowe , a pioneer ot this
city. The croom is a Council Bluffs young
man , who was graduated from the United
States Military academy at West Point last
spring in time to see active service with tne
Twenty-fourth regiment throughout the Cu
ban campaign.
Grlnnell-Ernnt.
WASHINGTON , Dec. 8. Miss Lee Ernst ,
daughter of General and Mrs. O. D. Ernst ,
and William Grlnnell of New York were
rcarrled In St. John's 'Episcopal church at
noon today. A notable gathering ot resident
New York and New England society wit
nessed the wedding. Mr. Grlnnell during
the Harrison administration was third as
sistant secretary of state. He Is a nephew
of former Vice President Morton and is now
a member of the New York nnd London
banking firm , of which the latter Is head.
Contra ? -Taylor.
'
COLUMBUS , Neb. , Dec. 8. ( Special. )
John M. Conway of Omaha and MUs Grace
Taylor of this city were married last even
ing at the residence ot the bride's parents ,
' .Rev. R. E. L. Hayes of the Presbyterian
church officiating. The bridal uarty left for
'Omaha shortly' after the ceremony , where
'they will reside. "Miss Taylor has lived
'
here all her life and has recently bjson en
gaged as a teacher In the city schools.
Wylle-Smlth.
At the residence of the officiating clergy
man , Rev. C. N. Dawson , of the Walnut Hill
Methodist Episcopal , church , Wednesday ,
night , Robert S. Wylle and Clara A. Smith ,
both of Omaha , were married.
FIRE RECORD.
Dock Fire Beyond Control ,
WEST SUPERIOR , Wls. , Dec. 8. The
local fire department Is unable to control
the dock fire , aud aid has been asked from
St. Paul. The loss has now reached at
least $150,000. Four hundred feet of dock
has gone Into the lake and 200 more are so
badly burned as to require rebuilding. Only
one man was saved ot the four carried Into
the lake by the falling coal yesterday.
Heavy Snle of Beaaemer Iron.
CLEVELAND , Dec. 8. The Iron Trade
Review fays : To the strong features of
the Iron maret noted last week In connec
tion with the heavy sale * of rails has been
added another of great significance. Sales
of Bessemer Iron aggregating more than
150,000 tons have been made In th ewcek
In Plttsburg andthe valleys , the bulk of It
at $10 In the valley , the price of the Assocl-
COMBINED TREATMENT
WEAK MEN
and Suffering Women ,
WHEN ALL OTHERS FAIL
Bemembor the Doctors of This Institute Can Cure You.
NO MISTAKES H NO FAILURES
Specialists for Diseases of Men and Women.
The woudarfully suocesiful tro tincnt of the iuecUlUt-i of Hits Institute combln *
the two RcC'iti-sl ftictort of tlio healing nu known to tliu medical profmiloin
ELECTRICITY nd MEDICINE. It l tlio liirxoiit , moil thoroughly tuid oornpldlv
fqulup'd institute , both < iu-ilriu.tllv : nnd medically , nvur eUnbllhud In the wet for tin )
Ifnatnient nnd nrnoluta euro of nil ntirvnus , rhronli ! mid prlvnto itUoaunN of MEN * nd
WOMEN. HONORABLE AND FAIR DEALING ACCORDED TO ALL.
A PERFECT CURE GUARANTEED A\NL CASES ACCEPTED
1TV Our peclnl cof.bliiiMl Klcctro-Medlcal Tntutninnt
illX for Nervoin li'Dltlly nnvur f.ilU. YOUNQ
MIDDLE AGED ami OLD MEN. , l < ot
MANHOOD
LOST Mnniiuou. TIIU uwtut "ITocu ot ImlUcrutlons lu
d.ith , pelf-pollution or excesses In after life and the effects' of neglected or Improper-
r ' treated cures , producing lack of vitality , sextMl wciikncjw , undeveloped or
shrunker organs , pain In back , loin nnd kidneys , chest pnlna , nervousness , .ileeplcw-
nest , -wenknrdi of body pnd brain , dlzzlncD.i , fa'llntr ' memory , lack of energy ntiO
conndenct , dr pondcnuy , evil forobodltiRs , timidity and other distressing symptoms.
Much cases , If neglected , almost Invariably lead , to premature dcay , Instanlty and
dcn'.h.
dcn'.h.KUPTUUE , VAHICOCKLK. HYDUOCBI.R. SWKM.1NOS , TKNnKIlNESS , DIS-
CJHAKGKB. STRICTURKS. KIDNEY and URINAHY DISEASES , SMALL.VEAIC
and SlinUNKEN PARTS , ALL 11LOOD , SKIN und PRIVATE DISEASES absolutely -
lutely cuted by this treatment after all other means Imvo fulled. | |
OPEN Dally , from 8 a. m. to 8 p. m. Sundays 10 a. tn. to 1 p. m.
Write if you cannot call. oAp"cc".ct1otul" ln nlalM Btly1
STATE ELECTRO-MEDICAL INSTITUTE
1308 FABNAM ST. OMAHA , NEB.
ated Merchantfurnaces. II need nol be said
that these transactions , which establish the
basis ot much ot the buslnes for the first
half of 1899 , have bsBOttcn n buoyant feelIng -
Ing and taken In conncctlonwlth other phases
of the alluallon justify a very sanguine view
of the future.
future.DEATH '
DEATH RECORD ,
Prominent TecuniNPli Merchant.
TECUMSEH. Dec. 8. ( Special Telegram. )
After an Illness of but a few days W. F.
Chcnowlth , a prominent citizen nnd business
man , died hero lodoy of lung fever. Mr.
Chcnowlth was aged 52 years , a native of
Wisconsin and had resided in Nebraska for
fifteen years. Ho was the junior member
of the firm of Kepllngcr and Chenowlth ,
grocers of this city. Mr. Chenowlth was a
Orand Army man , a Mason and a member
of numerous fraternal organisations. He
leaves a widow and three chil
dren. The funeral will occur at the Meth
odist church tomorrow morning , cisailucted
by the pastor , Rev. A. B. Whllmer , aiier
which the burial rites of the Masons will
be observed at the Tecumseh cemetery.
Herman" Frleilmnn.
Herman Friedman , aged 07 years and the
father of Mrs. Arthur D. Brandels , died very
suddenly of heart failure at his desk In tne >
exchange department of the Boston Store
yesterday. The deceased had been In ap
parently good health up to the tlmo ot Ills
death. Ho wns well known In this city , and
liked by all who knew his kindly characler.
He leaves a widow , who lives at the Drexel
hotel In this city , and these children : Jacob
and Samuel Friedman of New York , Gerard
of this city , Mrs. Arthur D. Brandela ot this
city , and Mrs. Slornan of Detroit. The | n-
'
teripcnC wllUprobnbly bo.made.at Detroit. .
' ' ' ' " '
'Tim W. White.
Tim W. White , foreman of the Merchants'
ExpreM company for fifteen years , died yes
terday morning at 6 o'clock at his home ,
2456 South Seventeenth street. He had been
confined to his bed for several months with
cancer nnd at the time of his death was 45
years old. The funeral will be Saturday
morning at 8:30 o'clock from the home to
St. Patrick's church. Interment at Holy
Sepulcher cemetery. The deceased was a
member of the Woodmen of the World nnd
members of his lodge will participate in the
funeral services.-
Old Settler of Nemnhn County.
AUBURN , Neb , , Dec. 8. ( Special. ) John
Cadlngton , whose death occurred recently ,
will be burled at Sheridan cemetery today.
Mr. Cadlngton was an old settler , having
come from Illinois to Nebraska In 1856. He
owned and operated the first ferryboat that
crossed the river , at BrownvtlTe. Ho was
69 years of ago and leaves a wife and several
children.
Dr. nittenhonie.
Dr. Rltteuhouse died at his borne In Bell-
wood night before last of heart disease. Dr.
RlttenhouBO was one of Ihe old settlers of
Bellwood , having followed ihls profession
there for the last elshteen years. He was
widely known and very popular.
TODAY'S WEATHER FORECAST
ConUnuiMl I. < MV Tomiiornliirc with
NIIOW III WfNtcrii 1'ortlon Gen
eral Prophet
WASHINGTON , Dec. 8. Forecast for Fri
day :
Kor Nebraska Fair , followed by snow In
western portion ; continued low temperature ;
variable winds.
For Soulh Dakota and Iowa Fair ; con
tinued low temperature ; southerly winds.
For Missouri Colder In southeast portion
tion ; continued cold Saturday ; northerly
winds.
For Kansas Light -snow ; continued low
lemperature ; northerly winds.
For Wyoming Fair ; slowly rising tem
perature ; southeasterly winds.
I.ncul llrrorcl.
OFFICE OF TUB WEATHER BUREAU ,
OMAHA , Dec. 8. Omnhu record of tem
perature nnd rainfall compared with tha
corresponding day of the last three years :
U11. 1S97. JS9B. 159- .
RJaxImurn temperature . . . la 4" 47 X
Minimum temperature . . . 1 30 29 1
Average temperature" . . . . 6 XS SS 16
Rainfall . 00 .00 .00 . ( XI
Record of temperature und precipitation
at Omaha for this day and since March 1 ,
189S :
Normal for the dnv . " *
Dellclcncy for the day . 23
Accumulated cxces.s ulnce March 1 . 1.41
Normal rainfall for the < lny . 04 Inch
Dellelenoy for the day . 04 Inch
Total rainfall since March 1 . 56 38 Inched
Deficiency since March 1 . 3.14 Inches
Deficiency for cor. period , 1S97. . . . 11.41 Inches
Excess for cor. period , 1S96 . 6.33 Inches
Ueporta from Station * nt 8 v. n > .
Two Dead from Inhiillnir G .
CHICAGO , Dec. 8. Whllu attempting to
make a coupling on a gas main at Forty-
first street and Vlncenncs avenue today four
men were overcome by escaping gas. Wil
liam Armstrong and James Sharpleee died
almost Instantly. Thomas Hayes recovered
several hours later and James Casey waa
only ellghtly overcome.
Kentucky Miller * to HeKnlnte PrlccM.
LEXINGTON , Ky. , Dee. 8. At the annual
meeting of the Central Kenlucky Mlllera'
association tonight a committee ) was ap
pointed to report In February a plan for a
protective association for the purpose of
regulating the price of Hour , at least for fix
ing the minimum price within certain limits.
il iiiiiiiiiiiiiiiiiiiiillliHiiiiiiiiuiiiiiiiiiiiiiiiw
The Dragon of Disease
When Discouraged with Doping Yourself with Drugs
When ' 'you wish you \vere dead" and are Morbid and Melan
choly When your Back Aches , your Stomach is bad and your
Kidneys bother you try electricity it is the Vital Fluid
of Life it cannot fail the cure is guaranteed and ab
solutely Certain when Electricity is applied by the medi
um of Dr. Bennett's Electric Belt. It will cure Vericocele ,
Impotency , Seminal Weakness , Night Emissions ; Kestore Shrunk
en and Undeveloped Parts and Lost Power ; Cure Kidney , Liver
and Bladder Troubles , Kheumatism in every guise , Constipation ,
Dyspepsia , Female Complaints , etc. , etc.
Dr. Bennett's Electric Belt
will cure you if you are an Afflicted Man or Woman we guar
antee it a forfeit of $1,000 if this Belt does not generate a gen
y uine current of electricity that can be immediately felt by the
M patient warranted four (4) ( ) times stronger than any other belt
upon earth.
Dr. Bennett offers you a record of 10,000 cures.
His belt has Soft , Silken Chamois-Covered Electrodes that cannot and will not Burn and B'istjr the
patient as do the Bare Metal Electrodes used on all other belts has Interchangeable Battery Cells aid can be
renewed when burned out for 75 cents no other belt can be renewed at any price.
PRICES OF BELTS ONLY $8.00 AND $10.00.
Call upon or write us ( sacredly confidential ) tell us the Plain Truth and if Dr. Bennett's Belt will not
cure you we will frankly tell you so get our Symptom Blanks ( for diagnosing ypur case ) Books and Literature Free.
Sold Rooms 20 and 21 , Douglas Block ,
Omaha
Bennett Electric Co.
aer = by only Dr. . , Sixteenth and Dodge Sts.
111 at i = in your old-style belt till Dec. 2O as half payment for one of Dr. Bennett's.
Office hours ; 8 : 0 a. ni. to 9 p. m.