THE OMAHA DAILY BEEt THURSDAY , DEOEMliElt 15 , 1808.
HUNT'S ' TALE FINALLK TOLD !
Main tfitneea for State in Beohel Ouso
Gets Through at Last ,
DEFENSE TANGLES HIM UP CONSIDERABLY
Sorcrc Croia-Examinatlon Ilrcnk
lomi Mnch of the Force of III *
Testimony tlcdlrcct to Ilrncc
Vp Him Wcnlc Point * .
The Bcchel embezzlement cnse Is not prov
ing the spectacular attraction that specta
tors anticipated. Aside from a few lively
verbal conflicts between the attorneys and
porno Interval * of furious cross-examination
by the attornuy for the defense , there has
been llttfo to Interest the lobby. The tes
timony IB limited generally to a few basic
points and this Kround has been covered with
so many repetitions that very few new facts
are now elicited.
The examination of Andy Hunt was - completed
pleted yesterday afternoon , although ho will
probably be called back to testify more ex-
Plcltly on ono or two specific points. Louis
Wettllng was on the stand during the latter
part of the afternoon , but his testimony re
lated almost entirely to matters that have
been previously threshed over and was
largely of a corroborative character.
After Hunt had left the stand Mr. Connell
moved that his entire testimony be stricken
from the record for the reasons that It was
incompetent and that since he had refused
to answer various questions on cross-exam
ination on the plea that he might Incriminate
hlmeeff , the defendant had been deprived
of hie right to have the entire facts brought
out In court. The motion was promptly
overruled.
Ycitcrday morning Hunt was taken over
practically the same ground that ho covered
in his direct examination relative to the de
struction of the credit letter and his alleged
advances of money to Bechcl. He declared
that ho bad frequently given money to
Bechel lii addltlou to the amounts covered
by the expanse envelopes and drafts In evi
dence and advances on salary. This oc
curred as often as once In two months and
the amount wus not less than $2,000.
Ho did not know of his own knowledge
, Y that any rebates were paid by the express
company. No expense envelopes were over
drawn on himself personally on account of
rebates. He know of no reason why they
should bo charged to refund aside from the
fact that "Bechel had Instructed Him to do
a.
ICnow Nothlnft of Ilccliel'ii Illinium * .
The state then endeavored to provo that
Bcchel was interested In various Colorado
i raining properties In addition to the
Armltage , but the witness was unable to
give any Information on this point. Bechcl
bad told him that ho had Invested money
in the property of the Lucy Mining and
Milling company , but ho bad never stated
the amount. Considerable time was oc
cupied in an effort to make It appear that
Bf el was somewhat heavily interested In
mining operation ? , but the knowledge of
the witness was limited to his connection
with the single property in which they
were mutually Intercstod.
Bechel was entitled to $20 each for at
tending directors' meetings , but so far oc
he knew , none of the expenses In evidence
represented amounts due on this amount.
Referring to his settlement of the shortage -
ago when he left the service of the com
pany , the witness said that after he had
drawn the two drafts on the treasurer for
$400 , and $1,804,25 to reimburse the office
bank for funds he bad advanced to Bechel ,
the full 'amount of $4,500 existed In the
office bank. Subsequently Bechel re
turned these amounts and this created an
excess , which the settlement represented.
The witness twlas..agalnturned , ever , to the
defense and ho , was Triada to say that on
the occasions on which Bechel had asked
htm for money ho hod not stated whether
he wanted It for his own use or that of the
company , As far as he knew Bechel had
never used a dollar of the company's money
for his personal use. Ho was taken over the
eamo ground that was covered the day be
fore with reference to his connection with
the mining company , hut with no material
variation in the results.
II u n I'M Intercut in the C c.
In the afternoon the defense questioned
Hunt closely In regard to his interest In
the case. He admitted that he had taken
a decided Interest , but denied that he hud
gone to W. P. Gurley and requested him
not to appear In Bechel's defense. His set
tlement with the company was again
brought up for the purpose of showing that
this settlement also covered two of the
drafts the proceeds of which the defendant
was charged with appropriating. He was
naked whether It was not true that at the
tlmo of the settlement ho bad turned over
cash and securities In addition to ths
amount Indicated by the statement In evi
dence. He refused to answer on the ground
that it might incriminate himself.
At this point the defense endeavored to
secure the Identification of a letter written
by the witness to the manager of the min
ing company In August , 1898 , In which he
eald that he was put In the hardest posi
tion In which a man was ever placed. Ho
had his wlfo and family to protect , or the
officers of the express company would never
have secured the Information from him they
did. The court sustained an objection to the
question and also refused to allow the letter
to be Introduced In evidence.
The luxury of a new witness was flnall )
What infinite
care and pride a
woman takes in
u e r w e d d In g
trousseau. How
fine and fit every
dainty gown and filmy bit of lingerie must
be. But how about herself , her own fine
and delicate physical organism ? Has this
most important of all considerations been
neglected ? Has she any weakness or ail
ment which is going to unfit and incapaci
tate her for happy marriage ?
No woman is fit to marry who bos any
unhealthy condition of the special struc
ture most intimately concerned in wifchood
and motherhood. No modest reluctance
should prevent her seeking immediate relief -
lief from such troubles. There is no need
of the mortifying examination * so detesta
ble to sensitive-minded women. Doctor
Plerce's Favorite Prescription is daily cur
ing thousands of women of these troubles
In the privacy of their homes.
The ' 'Favorite Prescription" is the only
proprietary remedy of its kind prepared by
an educated , authorized physician. There
is hardly a case so obstinate that it will
not completely and permanently cure.
Mr . Brama G. Clover , of Rcdkey , Jay Co. ,
Indian * . In a letter to Ur. Pierce. y i ' 'I can
recommend Dr. Pierce' * Favorite Pretcriptlon
to atuouewho ufferi with ny female il
When I wa In mytteut I w i alway * § lck. I
took > our medicine * before 1 wa married , aud
now 1 am a well pcr ou. I mm now twenty-
tluee , I have nltottakcn Dr. Pierce1 * Golden
Medic * ! Dihcoverv and ' Ple * * nt l' llU , ' and
can recommend .them all. "
It is n drugeUt' * btuineis to sell you , aot
to tell you , what you want.
Indulged In and Louis Wettllng , the expert' '
accountant who has been at work on the
books of the express company for the last
eight months , took the chair that Hunt had
tilled for four days. Ho was questioned at
cngth In regard to his qualifications and ex
perience as & bookkeeper. He then stated
that he was employed by the exprees company -
pany April 5 , 1898. Since then he had
traced the expense envelopes through the
various departments. The records did not
show how the envelopes were disposed of.
In- pursuing thU Investigation ho had ex-
amlned over 18,000 papers covering a period
of tnreo years ,
How the Book * Were Doctored ,
The witness detailed the method of the
use of credit letters as had been previously
Indicated. There was nothing In the books
to show that any of the money obtained on
the three checks drawn by Hunt In favor of
Dechcl and which had previously figured In
the evidence had ever been returned to the
company. A great many credit letters were
drawn on the treasurer for amounts largely
In excess ot the amounts authorized by the
accounts belonging to thcso letters. Most
of the stubs belonging to these letters had
been removed from the flies. The eftoct ot
raising these amounts was to reduce ths
earnings of tbo company by the difference
between the correct and the fictitious
amount and to make tbo books balance In
fplte of the shortage. His investigation In
dicated that tbo books wore made to balance
lu this way from time to time. This system
permitted withdrawals from the office bank
to the extent ot the amounts by which the
letters were raised without affecting the
standing of the bank on the books.
Mr. Wettllng then testified to the fact
that an auditor's draft of $275.90 of Decem
ber , 1895 , referred to an expense account of
$5.30 from Waumego , Kan. There was noth
ing to ehow for what purpose the surplus
was used except the charge to "salary ac
count" on the auditor's statement. He also
traced the history of tbo various other
drafts , his evidence on these points In no
respect differing from what had been
brought out during the examination of the
previous witness.
In reply to a question ho detailed the
amounts thai had been secured through
expense envelopes during various months
as follows :
1S98. I 1897.
February $ 50 January $ 275
March 100'Kebruary ' 150
April 100 March 200
Mar ISO April 2W
June 150 May 225
July 10UJune , 250
Austin iGo July 250
September 200 August 300
Octobur 300 September 200
Novomlier 200 October 275
December 2W November 250
Total $4,335
His examination will bo continued at 9
o'clock this morning.
Dr. Bull's Couth Syrup cures croup. Don't
risk the children's life but keep this won
derful remedv on hand. Price 25 cts.
UNION LABEL ON PUBLIC WORK
Allied Printing Trntlei and Lenin-
Intom AVorUlnit for a Hill to
Secure the End In View.
A conference was held last evening In
Senator J. H. Van Dusen's office between a
commltteo of Typographical union , No , 190 ,
aud Mr , Van Dusen and Representative H.
H. Olmstcd for the purpose of having
drafted a bill to present to the coming
legislature favoring the label of the allied
printing trades. A canvass of most of the
other members of the Douglas county dele
gation had already been made by the com
mittee and It waa agreed that such a meas
ure might be Introduced In the house by
Mr. Olmsted and In the senate by Mr. Vau
Dusen.
In quite a number of cities there are or
dinances providing that the label of the
allied printing trades shall be on all the
city printing. Kansas City has such an
oidlnaucb ; also Council Bluffs , Davenport ,
la. ; Zanesvllle , O. , and Superior , Wls. , and
resolutions to this end have been adopted
by Hoboken , N. J. ; Rockford , III. ; P.eorla ,
Santa Rosa , Col. ; Brie , Pa. ; Minneapolis ,
the Hennepln County ( Minn , ) board and
Ht-rrls county , Texas.
A lest In litigation has recently been
rr.ado of the Kansas City ordinance with the
result that the allied printing 'trades have
non a victory In the circuit court of Jack-
eon county. A firm of the name of Lawton
i Durnap sued out an Injunction against the
city council and Judge Scarrltt dissolved the
Injunction.
An ordinance of the St. Louis council or
dertng the city printing to bear the label
was approved by Mayor Ztegenheln last
July. The provisions embodied In the St.
Louis ordinance are to ba Incorporated Into
a bill and presented to the Missouri legisla
ture at Its coming session. If Nebraska
gfets In ahead of Missouri It will bo the
flist state to adopt such a law.
Senator Van Dusen had a copy of the de
cision rendered by Judge Tuley of Chicago ,
In vrtilch the court decided that the Chicago
School board could not take upon Itself the
work of legislation on questions of general
public policy. This was In the case brought
by the building trades council of that city
to compel the board to employ union labor.
The decision of Judge Tuley amounted prac
tically to a declaration that matters of pub
lic policy must be considered as b lng dis
tinctively within the scope of the legislative
province , and Inasmuch as U waa to the In-
eiest of the public to employ union labor
he board bad no other alternative than to
do to.
A rough sketch of the proposed bill was
drawn up before the conference closed. It
simply provides that the printing of the
state shall bear the label of the Allied printIng -
Ing trades. This ! the label agreed upon
by the interraUonal executive councils of
the Typogrnphlcal union and the Pressmen's
union. The committee of the local union In
last night's conference consisted of V. D.
Ktnnoy , International delegate ; K. S.
Fisher and R. C. Rowley.
The torbors of the city have also agreed
upon a bill which they hope will become n
law. They want a state examining board to
be appointed after the style of the Omaha
board.
Apart from legislative measures , Senator
Van Dusen said that A. R. Talbot of Lan
caster county had been mentioned for pres
ident pro tempore of the senate and Frank
N" . Prout of Beatrice for chairman of the
judiciary committee. Some of Van Duseu i
friends have been after him to take the
presidency pro tern , and others are anxious
to MB him get the judiciary committee's
chairmanship , Mr. Van Dusen says the sen
ate will chooie its committees by resolu <
( ton.
Mnrrlucre Uofn e ,
County Judge Baiter Issued the following
marriage licenses yesterday :
Kama and Residence. Ago
Leslie J. Allen. Omaha
Minnie M. Hnrartzlander , Omaha t
Fred J. Clark , Omaha
Rose D. Dewey , Omaha z
Austin Brannan , Fremont 2
Viola Mason , Omaha ' „ '
Charlie Jansen , Omaha , 2 :
Mrs. Kate Carlson , Omaha 2
Charles E. Holly. Norfolk , Neb *
Annie Smith , Philadelphia. 'i
V. W. C. A. Note * .
Several new clones will begin In Januarj
If enough register soon , that they may b <
arranged.
All of the classes will have a vacation be
tweea Christmas and New Year's. Oni
week only this year since the class wiorl
was to late In beginning.
The clasv In voice building will not mee
this week. Mrs. Dickey has been called ti
St. Louis by the slckuets of her father. Thi
class will not meet again until the firs
Thursday evening In January.
The Midway proved a great success am
the library committee , Miss Ste l chairman
baa richly earned the large receipts. /
greftt deal of enthusiasm waa displayed b ;
tuo workers , u well as'bjr the visitors.
EXPOSITION CONTEMPT CASE
Defense Filing Up Iu Showing in th
Hearing Before Judge Scott.
PRESIDENT AND MANAGERS TESTIFY
Matter * Relating to the Contract * He *
tiTcen the Ex o l4lon niul the Con-
cnmlon * Involved Arc Dwelt On
nt Some Length by Attorney * .
In the exposition contempt case the de
fense has progressed far enough along to have
In the testimony of Gurdon W. Wattles ,
president of the exposition , and Manager
Heed and Superintendent Wadlcy of the
Department of Concessions. Carroll S.
Montgomery , the general counsel , was
called yesterday to the stand to meet the
accusations of Zltoun and the others con
nected with the All Nations attraction.
The examination of Mr , Wattles was not
completed until shortly before noon and the
court had taken on opportunity of plying a
largo number of questions at htm with reference
enceto the Scott Injunction.
Mr. Wattles waa asked specifically aa to
the habeas corpus writ and blanket Injunc
tion granted by the other judge * . Ho Bald
he had not favored any disregard of the
Scott Injunction , but , on the contrary , had
urged recognition of It.
Some of the interrogation bad to do with
whether the All Nation * concern had had
camels and donkeys or not , and If Its
"spicier" proclaimed the muscle dance from
the house tops. Mr. Wattles had never seen
dances there that were of the same character
aa those of which the Cairo outfit made a
specialty. The All Nations' dances were
Grecian In their style.
The court tried to get Mr. Wattles to say
that If he had seen anything going wrong
ho would assume his authority as president
and have a stop put to It. The purpose of
this was to fasten , If possible , the responsi
bility for the disregard of the Scott injunc
tion upon Mr. Wattles. In his replies , Mr.
Wattles admitted assuming authority In or
dinary cases of Infractions , but did not Bee
that he was really called upon to personally
go after every offender ; BO that while the
Cairo people sold liquor over their bar con
trary to the terms of the exposition license ,
all he could do was to note It as a violation
of their contract with the exposition , leav
ing to the proper officers the duty of prose
cuting them for offences against the law.
E. C. Kenlston and E. H. Hughes were put
on to show that the performances at Cairo
were of the muscle , du ventro and couche-
coucha classes of dances. They were ticket
takers and had abundant opportunity to ob
serve the theater performances.
The first thing In the afternoon was for
Mr. Montgomery to offer the records of the
district court for this county , Including the
matters of tbo adjournment from the May
term to the October term and the subsequent
adjournment on October 3 to November.
This was to show that th6 district court
was in vacation during the entire oriental
controversy. He also submitted the answer
and affidavit of Zltoun and Akoun to the
first Injunction case , and the petition and
bond for removal to the federal court. The
court would not admit the answer and affi
davit of Zltoun and Akoun. Those docu
ments contained a contradiction of the tes
timony they have given la the present pro
ceeding.
Mr. Montgomery then took the stand to
testify In bis own behalf. He refuted state
ments made by Akoun and Zltoun as to the
alleged extortion by himself and R. S. Hall
tor attorneys' services and contradicted
their evidence , in which they had sworn
that he had advised them not to mind the
Scott Injunctions. On either direct or cross-
examination Mr. Montgomery went over the
whole history of the controversy , u He spo- ,
clflcally denied all the direct charges that
he had given the Streets of All Nations
people advice to Ignore the Injunction is
sued ; that he had said "Scott Is crazy" or
that ho had been guilty of any of the things
alleged against him. He also denied 'that
he had be n guilty of bleeding his clients ,
Akoun and Zltoun. He explained the deal
for attorneys' fees , setting up that he and
his confrere In the case had taken nothing
but what jvna due them.
New Divorce Stilt * .
Three new divorce suits were commenced
yesterday. George Laudenbach charges his
wife , Dora , with Infidelity. They were mar
ried In Now York early in 1S93 and subse
quently lived In Milwaukee. Mary A. NeHon
v/ant a divorce from Thomas H. Nellno , to
wh.ora she was married here In 1892 , for de
serting hero three years later. Mary Gun-
derson brings an action against Gunder Gun-
derson on account , as ho alleges , of cruelty ,
assaults and abuse. Their marriage occurred
hero In June , 1895. She asks for $100 ali
mony.
Court Note * .
Louis From , one of the two peddlers run
Into November 2 at Tenth and Howard streets
while they were driving across the street
car track In a tingle rip , has sued the street
railway company for $5,300. Like his com
panion , he trays he was thrown out of the
wagon and bruleod up.
A $6,000 damage suit has been brought by
a nurse named Mary E. Burgret against the
Omaha Coal , Coke and Lime company be
cause of a fall hits a manhole In the side
walk In front of the Richelieu on Thirteenth
street November 2. She claims the hole had
been left uncovered owing to the company's
negligence after a load of ccal had been sent
down Into the cellar. One of her limbs was
Injured.
Use Dr. Bull's Cough Syrup for hoarseness ,
oss of voice and sore throat.
MASONIC GRAND BODIES MEET
nnny Day for Members of the Craft
Owliiir to SfHiloit * of Their
Different Section. .
Yesterday was a busy day at the Masonic
temple In this city and meetings of one
sort or another were held throughout the
day and until late In the evening , The
most Important was the annual meeting ot
the Grand Council of Select Masters , which
In addition to routine- business elected the
following officers for the ensuing year : John
J. Mercer of Omaha. G. M. ; D. H. Wheeler
ot Omaha , D. 0. M. ; AUrtd M. Olson ot
Omaha. P. C. W. ; John S. Harman of
Tecumsen , G. T. ; W. R. Bowen of Omaha.
Q. R. ; J. D. Stlrca of Columbus. G. C. : J.
A. Grlmlson of Schuyler , G. C. G , ; Charles
H. Wlxson. G. C. C. : George J. Spohn , G. S. ;
Jacob King of Papllllon. G. B.
In the morning a special meeting of the
state organization of the Scottish Rite
Masons was held for the transaction ot
business , and In the afternoon the annual
meeting of the grand chapter opened. It
will continue Us session today and possibly
tomorrow , closing with the election of offi
cers. John J. Mercer of this city , deputy
grand high priest , Is presiding In the ab
sence of the grand high priest.
Last night the Veteran Masons of the
state held a special meeting which was at
tended by about thirty members. The tlmt
was spent largely In a social way , relating
reminiscences , eating lunch aud smoking
cigars.
The Omaha council also held a meeting
last night , at which several candidates were
taken through the degrees.
Stnmp * on Checks.
Collector Houtz ihas a letter from Js' . D.
Ecott. commissioner of Internal revenue ,
relative to reports which have been in cir
culation to the. effect that a person may
draw funds from a bank on a check without
a stamp provided the check be payable to
himself from hla own funds on deposit In
the bank. In this letter It la denied that
any such decision has b en made by the
'department and ihe commissioner lays that
ho has held , and still holds , that nny check
presented by a depositor for the withdrawal
of fit ad a to his credit requires a 2-cttit
Btnuip ,
FAITH IN MAJOR'S HONESTY
Grand Army Men nnil Pontnffloe Em
ploye * Stand liy the Acnused
Watchman.
Robert Major , the old man who for years
has been cither Janitor or watchman at the
postofllce building , -was before United
States Commissioner Anderson yesterday
afternoon and when called to answer to the
charge of stealing stamps and money of the
value of flOO from the desk of the stamp
Clerk waived examination and was bound
over to appear before the next federal grand
jury. The bond was In the sum of $500 and
waa signed by Major T. 8. Clarkson , the
postmaster under whom Major served for
four years.
A large number of the Grand Army men
of the city wcro present to assist Major If
ho needed their aid. Half a dozen lawyers
volunteered their services to defend him.
Officials and employes about both of the
government buildings are very Indignant
over the arrest of Major and many of them
have no hesitancy In eaylng that the old
man Is being made a scapegoat to cover up
the carelessness of tome one else.
It Is known that at the time of the arrest
of Major Stamp Clerk Anderuon , who was
Instrumental In bringing It about , could
bring homo to Major the theft of but 25
cents , If theft It could be called. This was
the Bum that was left outside of Anderson's
desk and which Major had In his posses
sion when placed under arrest and searched.
While the old man carried thousands and
thousands ot dollars for T. S. Clarkson when
he was postmaster there WM never a shortage -
ago of a cent. In addition to this It la
known about the postofflce that time and
again Major has found money on the. floor
about Anderson's desk where It had been
dropped and In every Instance the money
was returned. There Is one Instance where
he found $65 and returned It before it was
missed by Anderaon , although It was several
hours after being dropped before It was
found.
Should the next grand jury Indict Major
the Grand Army men of several posts ft the
city will raise a fund to be used In hit de
fense. So certain are they that he Is Inno
cent that they will carry the- case to'the
highest court In the land In the event that
he should be convicted here.
For the Thuriton IIIIIr * .
The Ladles' Auxiliary society Is on active
duty thl month. It gave a large public re
ception the first week In December , at which
birthday bags were opened ( after the pro
gram had beon. rendered ) , netting $107 to
ward the payment of the Indebtedness. On
the morning of December 9 the women ca
bled through the Omaha National bank $100
to Captain Taylor for the Christmas dinner.
la order to provide some necessary furnish
ings for the armory and to add to a fund for
extra ratlins for the boys on their arrival
In San Francisco , the women will give a
dinner and supper at the armory , corner of
Seventeenth and Douglas streets , on Satur
day next. Mrs. White , the president , with
a bevy ot young women , and the women , sis
ters and sweethearts , will be gfad to see all
the friends of the Thurston Rtflos upon the
occasion mentioned.
VICTIM UF LUEFGERT CASE
Police Officer Dj-lnir the Rerinlt of
Handling n Polaouona Bone
Vied In Evidence.
CHICAGO , Dec. 14. The sesamold that
sent Adolph Louis Luetgert to a felon's cell
for life has laid Captain William F. Knoch
on a bed of pain from which he may never
arise. Lutegert was made' Its victim by
the evidence this tiny ossioua particle con
stituted , while Captain 'Knoch ' has been
felled by the Tlrus that VangUo Us scaly
sides. The aerlous allrdenC that has kept
Captain Knoch confined ( ( o hla 'bed ' for
several weeks Is , pronounced by his
physicians to be undoubted blood poisoning
and the source of It tboy conclude Is clearly
'
discoverable In the malignant little
sesamold. When the first trial of Luetgert
was begun Captain * Knoch was made
custodian of the exhibits In evidence for
the prosecution. Among these waa the
scsamold. This piece of bone , no longer
than one's finger nail , U eild to have been
found by the police In the middle vat in
Luetgcrt'a sausagt factory. This bone was
regarded by the state's attorneys as tht
convincing evidence that Mrs. Luetgert had
been murdered and that her body was dis
solved In the vat until It was a saponaceous
mass that was flooded forth as sewage. One
day In July , after handling the sesamold ,
Captain Knoch rubbed his hand to his bare
breast , on account of the heat and presplra-
tlon caused by the torrid weather. Not long
after that event he felt 111 and a physlolan
pronounced hi * complaint to be sepsis. The
cause of the blood poisoning was Inquired
Into at th time , and laid at the door of the
sesamold. After an Illness of six weeks he
recovered sufficiently to be about. Two
w eki ago he was taken 111 again and again
his Illness was pronounced to be sepsis.
Th doctors say that It to a recurrence of
the old attack , and due to the same cause.
Drouth In California Broken.
SAN FRANCISCO , Dec. 14. Reports from
nearly all parts of California say that the
rain which be an falling yesterday and still
continues Is general throughout the state.
There was a heavy fall of enow at Dunsmulr ,
bringing as much joy to the miners as does
the ralo to the farmers In the valleys , the
protracted drouth having caused much ap
prehension of an unfavorable season.
PEDRO MANCOSI ) GETS OFF
Acquitted of the Charge of Killing Phillip
Oostanii in * Brawl ,
THEORY OF SELF-DEFENSE IS SUSTAINED
Outcome of the Affair In 'Which One
Man Wan Patallr aud Two Other *
Uangrrouily Slnbhod In that
No One U Punlihed.
It la pretty good thing for Philip Cot-
tauzo that ho Is dead. 1C he were not It Is
altogether probable that ho would have to
undergo trial lor his assault on Pedro Man-
cuso.
Two Italians engaged In tv quarrel over a
game of cards. One Is stabbed to death , too
other is both stabbed and shot until his life
was In danger and a third , the brother of
the dead man , was also seriously stabbed ,
yet neither of the two survivors has been
held for any crime u a result of their pre
liminary hearing. Both hate been ac
quitted on the ground of self-defense. Sev
eral Italians were present nt the time the
affray occurred and arc apparently cogni
zant of all the facts In the case , but when
called to the witness stand they d cllned to
give any testimony that woutd serve to hold
either Charles Costanio , the brother of the
dead man , or Pedro Mancuso , who admits
stabbing the Costanzo brothers. Neither of
the accused would testify against the other
and the assistant county attorney was
forced to allow the matter to go that way.
The hearing of Mancuso was completed yes
terday.
When the hearing was resumed yesterday
morning before Judge Gordon , the officers
making the arrest of the defendant , Cos
tanio , Nick Barbate and Sam Marasca be
ing callud to tell what they knew of the
case. Detectives Dunn and Davis and Ser
geant Wleenburg testified to the finding of
ho body in Barbato's house , the arrest of
Ccstanzo at his home and later the finding
of Pedro Mancuso lying on his face at his
own home. They knew nothing concerning
; U8 actual murder except what they had
.card from the principals and witnesses.
Story of the Little Girl.
Angelina Costonto , the Ilttlo daughter of
Charles Costanzo , was called to the itand.
She qualified to her knowledge of an oath
by saying "If I tell the truth God will take
me , and If I lie the devil will get me. " She
: old how the party of men had played cards
n her father's house during the afternoon.
When they left , some of them went homu
and one or two over to Nick Barbato's house ,
ater she heard a noise In Nick's house re
sembling that which would bo made If sev
eral persons were throwing chairs around.
Ser father and he went over there , the
ormer taking his revolver with' htm. They
saw the persons Inside the house In a
) llo on the floor. Her unele , Philip Cos-
BIIIO , was on the bottom , Pedro Mancuso
next , then Sam Marasca and Nick Barbate
n the order named. When they got up
Jam Marasca went home taking Pedro's re
volver with him. Her uncle came out of toe
louse , leaving Mancuso and Barbate Inside.
The witness then related how her uncle
iad called to Barbate to give him his cap.
Qarbato responded that he would presintly.
When thi door opened she saw Pedro Man-
cuso come out and stab her uncle three
times. The wounded man fell to the ground
and was picked up by her father. Then
Pedro stabbed her father and stepping on
: ho breast of the dead man who had dropped
to the ground again , he turned and ran
way.
On cross-examination the little girl did
not seem BO clear as she was on direct ex
amination. She said her father and her
self retired early. In about two hours she
heard the nolle In the adjoining house ,
which sounded like a truggle was In prog
ress. Her father and she went over in their
bare * feet and stood outside the door of Bar-
bate's place. Her unole came out , but it
was so dark she could not see who stabbed
him. When he fell part of hie body was
Inside of the houee and part outside. Then
her father shot Pedro Mancuso ,
Nature of the Btab Woundi.
Dr. Henry B. Wilson examined the body
of the dead man. He depoeed that he found
two wounds. One slight wound , A mere
scratch , was found In the abdomen. The
wound which caused hta death punctured
the aortA and entered the right chamber
of the heart. Under ordinary circumstances
death from such a wound would be Instan
taneous. In any event it would occur
within from , one to five minutes after the
wound was Inflicted.
Detective M. F. Dempsey fated that he
had found the defendant at hl home , 2008
Foppleton avenue , with several wounds on
his person. He asked him for particulars
concerning the affray And was told exactly
how It occurred. The witness read a written
Utemeut , which he said the defendant had
dictated at the time , November 24. Ac
cording to this Mancuso said be had en
gaged in a game of cards with Philip Cos
tanzo. An error occurred In the dealing
and Costanzo claimed the money. The de
fendant called Costanzo a thief and "said
he had no right to take the money an ho
had. Mancuso drew a revolver and Cos
tanzo a knife. Finally each put down his
weapon and the game was resumed.
Marasca took the defendant's revolver and
went home. Suddenly Costanzo Jumped up
and grabbed ManciiBO. He bit the defend
ant on the forehead and etabbed htm twice
| on the arm. They struggled toward the
We're ' on Top
Every day wo hear ourselves lautlcil
about our Christmas sllppers-these are
not the every-day slippers but some
thing out of the ordinary an exclu
sive lot of Christmas slippers both as
to style nml price so ensy to wear the
first time you try them Christmas
slipper buyers who buy ? 10 worth and
up of slippers shoes or both before
Christmas-get a beautiful German
souvenir froe-Our line of souvenirs Is
the most beautiful we have ever
shown Bring your tlcketa and get your
Christmas presents.
Drexel Shoe Co. ,
' Slioe Iloaie.
Omaha' * Up-to-date
1419 FARNAM STREET
Pocket Knives-
rather You may have seen
pocket knlve displays before but you've
never seen anything HUe the one we're
making now no , not In your life a new
shipment Just received and added to
our already large line pocket knives
made by the best manufacturers In the
world pocket knives In all shapes
sizes aud prices 25c 35e 7i3c $1.00
and up to § 8.50 for the very best knife
made Maybe you think this Isn't n good
place to buy Christmas knives but It Is
a nice line of 3-plcco carving sets at
75c up.
up.A.
A. C. Raymer ,
WE DELIVER YOUR 1'UItOHASE ,
1514 Farnam Street
HOME FURNISHE
HOLIDAY PRESENTS
Make your selections now wo will put them aside
and deliver when ordered. The largest and best select ml
line of Rockers in Omaha styles are strictly up-to-date
and our prices are always right.
Parlor Suits- Lace Curtains-
Divans , Portieres ,
Easy Chairs , Ladies' ' Desks ,
Bookcases , Onyx Tables ,
Music Cabinets , Smyrna Rugs ,
Leather Couches , Secreraries ,
Parlor Tables , Sideboards ,
Parlor Lamps , Chiffoniers ,
Dinner Sets , Hat Racks ,
Please bear in mind that in making your purchases
of us you get just what you buy and every article will
prove just as represented , or you can have your money
back ; you don't take any chance here.
Weekly or Monthly Payments NO Extra Charge
oor and Philip called to hla brother
Charles for help. Chartes flrcd two shots
t the defendant , one of them striking him.
After this the defendant took his scissors
nd stabbed Philip and Charles Costanzo.
Deputy County Attorney Herring then
ailed Charles Costanzo. Judge Helaley , nt-
orney for Coetanzo , objected on the ground
hat his client might nay romethlni ; that
vould Incriminate himself , as Mr. Herring
eslred to ask him Just how the shooting
ccurred. Judge Gordon sustained the ob-
ectlon.
Sergeant Ilcr'g testimony was similar to
h.it of the other officers. He Identified the
clssors used by Mancuso and said that the
defendent had told him when he gave him
ho weapon that he had stabbed Costanzo.
Motion to UUiuUi Snutulned.
The state reeled and Judge Bowman
moved that the court dismiss the case. He
aid three questions were to be considered.
i'lrst , had a crime been committed ; second ,
was there sufficient evidence before the
court to justify holding the prisoner for a
ilgher court ; third , would he be convicted
f bound over. He thought there was so
much contradictory testimony among the
state's own witnesses that th re waa UHlu
uospect of a conviction. In reality the
tale had shown that no crime had been
committed , as the evidence pointed to the
tilling of Costauzo In self-defense.
Mr. Herring said he would not argue the
case at length. Ha proposed to throw the
mrden of the decision upon the court. He
tad his doubts , however , whether the state
could convict the defendant In a higher
court. If It did not , It would cost at least
11,000 for th * experiment.
Judge Gordon said a criminal case of this
character was of the highest Importance.
While one man's life- had been taken th > /
Ivtng must bo considered. Since becoming
police Judge ho had grown more conserva-
Ivo and had sought In every way to avoid
riling up taxes. Sometimes he might be
iatlifl d In his own mind coucernlng the
guilt of the criminal , but he must look at
ho evidence. In this case after the first
row had subsided the defendant's pistol was
akcn from htm. Costanzo had a deadly
weapon , having retained his knife , and
Pedro had his scissors. He believed the
.heory of eelf-defense had been sustained
and that while the death of Costanzo Is to
be deplored yet he did not think there was
any chance for conviction. Ho sustained the
motion and discharged the defendant.
Mancuso shook the hand of his attorney
and was congratulated ty a few friends. He
left the courtroom quickly , put on his over
coat and , accompanied by his brother ,
crossed the street to Venuto's , where ho re
mained for some time before going to his
home.
The son of Fhlltp Costanzo applied at the
police station for the $5 which had been
taken from his father after his death by
the detectives. This \\na part of the money
which caused hla father's death.
Merchant * ' Helm Club Notice.
A now mlo has burn adopted that no per
son can deuoblt more than thico coupons
with any one merchant on the eanio day.
HU-CAN ? HIT-CAN ? HU-CAN ? HU-CAN ?
ENTERTAINMENTS LAST NIGHT
Now ThnrNtnii Illllrn Give n Smoker
to Get Ilelter Ac-uunliitud with
12nch Other.
The members of the new organization of
Thurston RIIlcs met lait evening In thu
armory to enjoy a social smoker and an
entertainment arranged by eevcral members
of the company who possess unusual dra
matic and musical latent. Most of the
amusement waa furnished by the "Coon"
quartet , which was recently organized for
serenades. The singers wcro Howard Jud-
von , C. F. HacKorberg , Ken Muckley and
Dean Thompson. They wore grotesque cos
tumes of variegated calico and the custom
ary amount of burnt cork. Their repertoire
naa replete with catchy plantation mel
odies , which they sang In a manner that
earned many recalls.
There were also musical selections by
Prof. Variuse and Instrumental solos by
Messrs. Bernard and Baxter. Captain Hayward -
ward was called upon for a short address
and the program was concluded with two
recitations. It woe the first time that mem
bers of the now organization have had to
become thorougly acquainted with one an
other and all took advantage of the oppor
tunity. Next Friday evening the now mem
bers will unite with the old In giving a
dancing party In the armory.
In the auditorium of Unity church last
evening there waa a social and supper given
by the women of the church society. The
members of the congregation and their
friends met and dined together at 6 o'clock
and an hour or two rater the tables were
cleared away to prepare for the social good
time that followed. The guesta of the evenIng -
Ing who took part In the conversation num
bered nearly 100. The entertainment was
arranged and managed by the women who
are members of Circle No. 4 of the society.
They were : Mrs. Fred Sackott , Mrs. W. T.
Nelson , Mrs. Parish , Mrs. C. Klllot , Mrs.
H. H. Walker , Mrs. H. W. Barnum , Mm.
A. A. Heath and Mrs. B. B. Whitney. By
means of the supper a connldorablo sum
of money was mined for the church fund.
The special meeting of the congregation ,
which was called by the trustees to take
place Immediately after the racial for the
discussion of financial matters relating to
church work , was postponed untlf Sunday ,
Hospe's Holiday Opening
We open a display of holiday designs
In picture frame novelties that are n
revelation to this community Nowhere
under one roof In the eastern art cen
ters can our display of art novelties be
found All summer and fall we were at
work collecting and manufacturing this
collection For variety and quality wo
have 110 equals You will find an endless -
less selection of etching , engravings
aud platinums from English publishers
fac similes from Krance water colors
and paintings from Italy as well as
hundreds of American publications.
A. HOSPE ,
Hnsic and Art 1513 Doimlas.
At No Time This Year-
Have wo been more rushed than now
In our Amateur Photographic depart
ment wo llnd It necessary to keep two
dark rooms going to accommodate our
friends and yet we are glad to have
you come and use us next time take a
look at the "Karona" a telescopic boil
camera for $10 takes a picture 4x5
has ground glass serein time-bulb
aud Instantaneous movement and speed
regulator Greulach shutter and Acro-
matlc lens of line quality This Is the
greatest hit of them all a if-5 camera
for only $10.
TheAloe&PenfoldCo
"asSl"W OMAHA