r
Till ! OMAHA DAITjY BEE : FUTDAV. T > Erl3M 111511 in.
CONNOR LOSES CORN CASE
Omaha Grain Man Beaten In Court bj a St.
Louis Firm ,
DEAL IN FUTURES DECIDED BY THE JURY
Court' * Initrnctlonii n * ItvKarili Con
tract ! and HamlilltiK in Option *
Cover the I'alnU on Whleu
the Verdict Wan Henched.
The ault over a deal In corn futures be
tween the Schrelncr-Flack Drain company
of St. Louis and Joseph A. Connor went
against Connor In Judge Baker's court. The
county court had decided the case the other
way , and the plaintiff company had ap
pealed.
According to the allegations of the
Schrelner-Flack company It purchased from
Connor In February , 18J9 , white corn to the
amount of 26,000 bushels at 22 cents for de
livery In May ; that the time of delivery
was then extended to July and again to
August , tbo price of the corn being advanced
to 26 cent * as a condition of the extension.
On the last day of August , In consideration
of Connor paying $625 , the deal was can
celled , but the plaintiff concern alleged that
Connor failed to pay this sum. On the other
hand , Connor challenged the contract , say
ing It was only a pretended and colorable
agreement In ovaelon of the law governing
w'agerlng contracts , and he put In a counter
claim for two notes from Louis Dun for
$485 each , endorsed by the defendant nnd
paid over to the plaintiff.
Judge Baker Instructed the jury sub
stantially as follows : "Contract" ) In writing
for the sale and delivery of craln nt a
future day for a certain nrlce , made with
an honest Intention to deliver tbo grain and
pay the orlee , are valid In law. But when
such contracts are made as a cover for
, gambling , without Intention to deliver and
receive the grain , but merely to pay and re
ceive the difference between the price agreed
upon and the market price at some future
time , they come within the statute of gam-
lug and are void in law.
"A contract for the future delivery of corn
which the seller docs not own or possess ,
but expects to obtain by purchase or other
r wise , is valid if , at the time of making the
contract' , on actual transfer of the property
ii contemplated by at least ono of the parties
to the transaction.
"The fact that said corn was not to bo
delivered until a future time , if proven ,
would not of Itself make said contract of
ealo Illegal.
"If you believe that said Schrelner-Flack
Grain company made said contract in good
faith , expecting the corn to be shipped to it
under the contract , then said contract , if
proven , U a valid contract , even though
the defendant had an Intention on his part
not to ship the corn.
"A purchase of corn at a certain price
per bushel , made in good faith , to be de
livered In the future Is not an Illegal or
gambling contract. "
The Jury gave the Schrelner-Flack com
pany a verdict for the $625 , with accrued
Interest from September 1 , 1897.
EXPOSITION CONTEMPT CASE : .
, Matter In Novr In the Hand * of the
Court for Settlement.
< All the material evidence In the exposition
contempt case was in early yesterday after
noon.
Judge Scott announced that he would de-
cldo the case this morning at 10
o'clock. Ho said ho would spare neither
friend nor foe , If he found the evidence
( or the state true.
Mr. Montgomery was cro s-examlncd by
Mahoney during the forenoon , Mahoney en
deavoring to make it appear that he had gone
. out of his way to get the All Nations' cases ,
regardless of bin * relations as general counsel
for the exposition. Mr. Montgomery said he
Blmply acted for his clients where the Inter
ests of the exposition were not Jeopardized.
The blanket injunction of Judges Keysor ,
Powell and Slabaugh was offered by
Mahoney In evidence and Jay Burns was put
on the stand to rebut some of the testimony
for the defense ,
That Exposition IIIMorr.
In the suit brought by Edward Rosewater
Cgnlnst the exposition company to enjoin the
, appropriation of the money of the stock
holders for the publication of an exposition
history an answer was filed by the defend-
lint yesterday along with an affidavit from
Charles F. Manderson. The answer amounts
to an assertion that the publication of the
proposed history is In keeping with the ob
jects for which the exposition company was
Incorporated.
Mr. Mandorson's affidavit has attached to
5t several letters from President
II. A. Collier of the Atlanta ex
position , R. A. Bills , the presi
dent of the company which undertook the
publication of a history of the Atlanta ex
position : Director General B. C. Lewis of
tbo Nashville exposition , H. A. Crocker &
' Co. of San Francisco , which firm published
the 'California Mid-Winter exposition hls-
'tory , and President H. N. Hlglnbotham of
the Columbian exposition at Chicago.
Mr. Ellis writes that his company , the
"Illufltrato/ company , " failed under mort
gate foreclosure proceedings after $2,000
had been paid to It by the Atlanta Exposi
tion company and the letter leaves the Im
pression that the history never saw the
.Tight. Director General Lewis says the
Nashville exposition had to put up $5,000
for only 1,000 copies pf Its history. Crocker
& Co.'s letter U to the effect that the Bu
'rea'u of Promotion and Publicity of the
California Mid-Winter exposition was au-
ithorlzed by the Board of Directors to com
pile an official history , but that the amount
appropriated was much less than the cost
of the work and the publishing bourn had
to depend upon Its sales for Its compensa
tlon. President Hlglnbotham of the World's
fair writes that It took all of $25,000 to
have a history of his exposition edited by
Dr. Hosslter Johnson and published by D.
Appleton & Co. of New York. He goes on
to explain that this * was a sort of sop to
New York and that 300 sots of the history
wore to go to the directors , while the rest
of the stockholders were to have the priv
ilege of buying the history at one-half Its
.retail price.
Ataok the RamlilliiK.nvr. .
A novel * defense has been raised In the
putt of David Carrowgy to recover several
hundred dollars from Richard Berlin of
Bouth Omaha , alleged to have been lost In
gambling. Berlin's attorney yesterday at
tacked the constitutionality of the law. AS
CASTOR IA
For Infants and Children.
Till Kind You Havi Always Bought
Bears the
Bought
thin was equivalent to a demurrer Judge
I'owell not Saturday for the argument on
ttiii particular point In quentlon.
Tim faction under which the unit Is
brought In section 214 of the Criminal Code.
Merlin's attorney ( insert * that this section IB
unconstitutional. Ho reasons that a recent
decision of the supreme court In nnotner
ease Involving another section declared
Forty-one sections of the act of 1875 relat
ing to gambling and gaming devices uncon
stitutional and that section 214 was Included
In the hatch. Consequently he contends
that the attempt In 1SST to amend the sec-
t-on was futllo Inasmuch an the supreme
court has declared the section void.
Dltorcc Matter * .
In the Kelra divorce case Judge Fawcett
made an order yesterday allowing to Mrs.
Kelm $8 a week temporary alimony and J50
for attorney's fees. The Cummlngs matter
did not come up , as none of the parties ap
peared.
Old. E. and Alice Johnson , osteopaths.
Suite 513 , N. Y. Life Bldg.
TAKING CAREOF THE NEEDY
_
Secretary l.nuiclilnnil on the Work
that IM HeliiK : Dane ! > > the
Amoclntfcl C'hnrltlei.
Many appeals are being made to Secretary
Lnughland for assistance these days and
the secretary da sometimes nliroat at his
wits end to know wbijt to do with them.
Fortunately the county authorities are co
operating with the board , as are also several
other sources from which aid la rendered
the poor. In fact It Is perhaps true that
more reports pass through the Assoclatsd
Charities this year than over before. The
beard finds one closa of workers who nc\er ,
or very seldom , make reports of their bene-
factlona. Two or three women will band
themselves together for the purpose of al-
lovlaflng the suffering In their district.
They are to be congratulated upon the good
work they do , but they eecm to forget that
the very persona they visit and assist may
bo drawing provisions or coal from another
source. For Instance , a physician tele
phoned to Secretary Laughland that a fam
ily near him was really suffering from lack
of fuel. He cautioned the secretary that
they must bo approached delicately or they
would take offeneo and not accept anything.
Mr. Laughland turned to his books and
found that the county authorities had sent
the family In question one and one-half tons
of coal already that month The Associated
Charities had contributed half a ton and
one ton had been sent them from another
source. They had been living off the city
and county for two years.
It Is the work of the Associated Charities
to see that no duplications occur. The
board Is doing this to the best of its ability ,
but It must have the co-operation of every
one who dispenses charity to make It a suc
cess. In many Instances men are given aid
who do not deserve It , but their families
cannot bo left to Buffer. The board baa a
woodyard , but so few men would go to the
yard and work for their fuel that the board
found It necessary to purchase a saw so the
wood necessary for the orders received
could bo cut by machinery. An attempt
will be made this winter to have a bill
passed by the legislature which will relieve
the cities of Nebraska of the burden , of carIng -
Ing for men "who will not work. It is ar
gued that If euch a measure were passed
the families of these men could be taken
care of at much less expense than is now
Incurred ,
The board receives few emergency calls
on Sunday. The rooms are closed on that
day and It anyone needs aid he calls upon
Secretary Laughland or ono of the employes
of the board at thulr homes. No one Is al
lowed to suffer who makes his wants known.
The money for coal Is coming In slowly
and Is being used almost as rapidly ae It
Is received. The carload of coal donated by
Mr. Her aided materially. The board Is
anxlous'to have sGfucJcnt funds on1 hand'to
enable It to fill all requests for fuel. The
coal fund now stands :
Amount formerly acknowledged $95.75
J. F. Mawbtnney 500
Mrs. M. Rogers 500
Mrs. Hough 1.00
Further donations arc urgently needed.
The sums received are still far short of
what is required to purchase the 200 tons
necessary for the winter.
CRAIG HAD A REAL GOOD TIME
Kxpcrlrnce of n Young Man from
MUiourl Ayho nciiulred to
lie "Showed. "
Thomas Craig halls from Rockport , Mo. ,
and bo came here with slathers of money ,
but he has none of It left now and Is trying
to assist the police In looking it up. He
says ho was robbed ot $150 and a gold
watch.
Craig came to South Omaha with n car
of cattle for his father , who Is a wealthy
farmer over on the Missouri side of the
Big Muddy. He sold the stock , but fortunately -
natoly did not receive the money which
was deposited to his father's credit. Ho
had plenty of money of his own , and as he
likes to take a drink of rye once In a while ,
ho started out to find a convivial compan-
Ion. Ho located one who , after they bad
taken two or three drinks together , tried
to borrow half a dollar of htm. Craig refused -
fused to loan him the money , upon which
the fellow responded that he did not care
a whoop , as he had plenty of cash of his
own.
own.Crnlg
Crnlg cays the stranger Induced him to
leave the saloon with him in order that t
th < 5y might search for a friend. They went
to another place , which Craig docs not
seem able to locate or tell very much about.
Upon entering Craig was given an oppor-
tunlty to appreciate how a Spaniard felt
during the late war when compelled to guz
Into a couple of large sized pistol barrels.
He was told to throw up his hands , which
ho did promptly and without argument. The
man ho had met first went through his
pockets while his partner remained at the
operating end of the guns.
This happened the flrst of the week. Craig
saw o note In the dally papers where three
men with all kinds of money had been
arrested because they were heard talking of
knocking some man's head off. This led
him to believe they were his men and he
came to the police station to see them. They
had given their names as Oscar Leonard. ,
afias Wlntrup , Frank Howell and Tom
Clark. When they were brought before
him ho Identified Lemon and Howell as
the men who had robbed him. He alsp rec
ognized the money which was shown him ,
Identifying ono of the bills particularly as
being torn In a certain way.
Leonard , on the other hand , claims became
came by the money honestly. Ho said he
bad a draft for $200 cashed at a certain bank
here , Attorney Silas Robbing having identi
fied htm to the teller's satisfaction. This
ho urge. was the money which they had
when arrested.
Craig has filed a complaint against Lemon
and Howell , charging them with robbery.
He will b& held by the police as a witness.
l > hllllm Will Prolmhly Content.
DBADWOOD , S. D. , Dec. 15. ( Special
Telegram. ) Kirk Phillips returned to
Dead wood today. He refuses to discuss po
litical matters and adds that the public
knows all there 1s to know for the present.
It Is believed by his friends that he In
tends to contest Lee's election after the
latter has qualified.
I'rltatr Attempt * Suleldr.
STURGIS. S. D. , Dee. 15. ( Special. )
Frank Washer , u private at Fort Meade , at
tempted sutcUlo last night by cutting his
throat. The gash Is a dangerous ono and
there are doubts of his recovery. No cause
Is known for the deed.
BOTH COINERS CONVICTED
Jury Returns a Verdict Against the Tw
Belleruo Minters.
BAD GANG IS FINALLY BROKEN UP
Conviction of McCnrty and Brnirn
Cniln nn Outfit Hint Han I/OIIK Ter
rorised the Knutern Unit of
Snrpr Comity
After cne of the hardest legal battles
witnessed In years , the notorious McCnr'y
gang at Dellevue hag been wiped out of ex-
loUinco by the conviction of John McCarty
and John Drown In the United States court.
Last June the two men were arrested and
charged with counterfeiting silver coin , hav
ing the counterfeits In their possession and
also with passing large quantities of them.
They , were taken before a United. States
commissioner , who , after hearing the evi
dence , held them to await the action of
the grand Jury. When this Jury convened a
few days ago McCarty and 111 own were in
dicted and last week they were placed
upon trial before Judge Munger of the
United States court. The evidence was
eubmltted Wednesday and the arguments
concluded , i Wednesday night , soon after 11
o'clock , after taking fifty ballots , the jury
found the two men guilty and returned their
verdict in court yesterday morning.
In the indictment under which Assistant
United States Attorney Hush prosecuted
John McCarty and John Brown there were
thirteen counts. McCarty was found guilty
on counts three , five , six , eight , ten and
eleven , while Brown was found guilty on
counts one , two , four , five , seven , nine , ten
and . eleven. The counts cover making , pass
ing , having In their possession , defrauding
and knowingly violating the laws of the
United States. Count No. 5 , on
which both are Indicted , charges that the
two men passed upon Burk and delivered
to him twenty-eight counterfeit half dollars
lars , while count No. 10 charges both
men with having molds In their possession
for making counterfeit coin.
When court convened the Jurors filed In
and a few moments later McCarty and
Brown arrived. The verdict was handed up
to Clerk Hlllls and read. Immediately At
torneys Yclser and Hoover , who made the
fight for the convicted men , gave notice of
their desire to flic a motion for a new
trial , saying that they would give their
reasons later. At the same time they gave
notice that they will flle a motion for a
stay of sentence until the motion tor the
DOW trial can be argued and passed upon.
Little Clinnoe for Nerr Trial.
Assistant United States Attorney Rush ,
who conducted the prosecution , says that
ho feels certain that there will be no new
trial. He say * that he prosecuted In the
most careful manner and avoided allowing
errors to creep In. He declares that he gave
the defense the greatest latitude In allowing
the introduction of testimony and that for
this and other reasons the verdict will stand
undisturbed.
The penalty for the commltslon of the
crime of which McCart ? and Brown have
been convicted is a fine of from fl to $5,000
or Imprisonment of from one day to ten
years , or both , In the discretion of the court
After the filing of the verdict the mittimus
was issued and both men were sent to
the county Jail to await .the action ot the
court.
For years the McCartys have terrorized
that portion of Sarpy county in the vicinity
of Bellevue. They have resided for years
on the river bottoms south of the town.
Originally there were a number of the boys
at large , but now there are not so many , aa
one known as Black Ike is now serving a
term , having been convicted of murder a
number of'years ago. Another boy , Vic , Is
fugitive from Justice with a sentence o :
twenty years hanging over his head.
Jesse McCarty , who Is now farming south
of Bellevue , Is regarded aa a reputable cit
izen and has always borne a good reputa
tion , never having been mixed up in the
troubles that have sent his brothers to
prison or out of the country.
For years John McCarty has been sus
pected of being a counterfeiter , but the
necessary amount of evidence could not be
secured against him. Last spring , how
ever , John Brown , who had recently been
released from tbo penitentiary at Jefferson
City , Mo. , arrived hero and at once took
up his residence with John McCarty at
Bellevue. Soon after this the country In
this vicinity was flooded with counterfeit
coin.
Work of the Detective.
The secret service put A. V. Burk on to
the case and this man went down to John
McCarty's , where he met both McCarty and
Brown. : By telling them that he was Just
from the Sioux Falls penitentiary , where
he had served a term for counterfeiting , he
managed to gain their confidence. He as
sisted them In making counterfeit coin upon
numerous occasions , bought it from them
and even helped them pass It. After securing -
curing the evidence necessary , Burk turned
his men over to the police. This wai dona
r
by meeting them according to appointment
at a saloon in South Omaha. When they
arrived at the saloon and entered , they
were surrounded by officers , brought to
this city and lodged In Jail. ,
On the trial Brown confessed to
making , having and passing the
counterfeit coin , shouldering all of the re
sponsibility and exonerating McCarty. The
testimony against McCarty , however , was
overwhelming and the Jurors found him
guilty of practically the same crime as that
charged against Brown.
Reynold * Declared a Dank-runt.
The first ot the bankruptcy cases disposed
of under the provisions of the new bank
ruptcy law came on before Judge Munger
of the United States court yesterday after
noon. It was the case wherein John H. Rey
nolds of the firm of Reynolds & Co. filed a
petition asking that he be declared a bank
rupt. The case was filed with Clerk Hlllls
some weeks ago and was referred to the
referee at Beatrice , who took testimony and
made his findings , adjudging that Reynolds
la a bankrupt and unable to pay his debts.
Tbo findings were reviewed by Judge Mun
ger and the report of the referee confirmed ,
the thirty days for filing protests having ex
pired without objections having been en
tered by the creditors.
ntrd AKnlimt IVrUy.
The case of Addlson Bird against Charles
Perky Is on trial before a Jury in Judge Car-
laml's section of the United States court.
The caeo originated at Wahoo and U litiga
tion growing out of a business transaction ,
where the two men were partners In a can
ning factory. One partner sued the other ,
alleging that be has failed to comply with
tbo conditions of the contract entered Into
when they engaged in business.
TompUlnn Gu * < * Sioux Iilquor.
The case of the United States against
Robert Torapklns is on trial before Judge
Munger. The defendant In the case comes
from Children and la charged with 'having
given a bottle ot liquor to a couple of Sioux
Indians. The proof 1s that Tompklna went
Into the aaloon , secured the liquor and ,
carrying It to a stable nearby , there passed
It over to the Sioux. It
Itci
ci
Hf net * a Verdict. p
In the personal Injury suit of Walter S. '
Hess against the Kerr Manufacturing com- J1
pany , the Jury has returned a verdict , findV
ing for the plaintiff and assessing bis dam- > l
t s at $2,375. He sued for $2i,000. The
defendant was ccmstnictlnj a huge holder
for the Omaha Gas Manufacturing company.
Hers was working on the Inside of the holder
and was up on a staging , twenty-five feet
from the ground. The plank upon which
ho was standing broke and ho was precipi
tated to the ground. The fall resulted In
a broken leg nnd n number of bad bruises.
Ho alleged that the plank waa defective
and that this should have been known by
the officers ot the company employing him.
IMrnd finllty.
John Zwlght and David Thomas , two men
charged with having violated the laws ot
the United States by not having secured
the necessary permit for retailing liquor
and who were Indicted by the recent grand
jury , were before Judge Munger yesterday
for sentence , they having pleaded guilty.
The Judge fined them $25 and coets each.
WORKED BYWICKED WOMEN
_
Title * of Moil Who Sought the Wn >
of the Omaha Siren to
their Sorrow.
Judge Gordon listened to the evidence In
two cases yesterday afternoon wherein the
defendants were charged with having robbed
two unsophisticated visitors to the city of
all their ready cash. The first case was
amusing ; on account of the verdancy of the
youth who made the charge. His name Is
J. E. Tracy and ho halls from Decatur ,
Neb. He told the court that ho came to the
city last week to purchase a stock of goods
for a store. Ho met a rent nice girl , "a
perfect lady , " In a wlno room and In the
course of conversation asked her what she
was doing there. ( Observing that his coat
bore signs of recent contact with timothy
the girl said she was looking for a place to
work. She seemed such a young thing , so
perfectly guileless , that Tracy's heart went
out to her. Ho agreed to take her to his
homo and let her work In his store. She
said she had a few bills to pay , so he ad
vanced her the money to pay them and
made an arrangement to meet her later ,
when he would be ready to return home.
In the meantime the girl met a couple of
friends and told them she believed that
Tracy would back out of his contract. She
thought It would be a good Idea , to compel
him to make a deposit with her , which waste
to bo returned to him when they started
homo. Tracy was met by the party , the
men putting up a smooth talk for the
money. He was willing to bo plucked nnd
loft $16 with the girl as a guaranty that
ho would take her home.
That was the last h9 saw of her or the
men until he had them arrested on thn
charge of highway robbery. Of course the
case ; did not stick , but the court-enjoyed Its
trial , as he was constantly reminded that
thera are men In this world yet who have
much to learn.
The second case was not quite so Interest-
Ing. It was that In which John Maneely of
Lucas , la. , accused William Crutchfleld and
William Harris , alias "Bogus Bill , " of
stealing his pocketbook and $70 In cash. H
said when ho came to town ho commenced
going around to the saloons , accompanied
by a woman who appeared perfectly able to
guide him. In the place operated by "Red"
Johnson ho was robbed of his pocketbook.
Harris touched him on the shoulder nnd
Immediately afterward lie noticed that his
wallet , had disappeared. He accused Harris
of taking It and searched him without find
ing j any trace of It. Crutcbfleld was standIng -
Ing j Immediately behind him , but Maneely
says Harris could not have transferred it
without his having observed it.
A colored witness named Taylor testified
that ] he had seen another colored fellow by
. ,
the name of Ford run out the back door
with the pocketbook In his hand. Ford Is
now In Chicago.
The court discharged- defendants in
both cases. Maneely and Tracy took what
valuables they had left and departed for
their ! homes on the flrst 'train out of the
city. '
HOLDS COX THEONLY COWARD
Ileclnlon of the Police Boiiril on the
Iiivofltlxntlon of the Gcppiier
Until CiUcn Out.
Captain W. W. Cox of the police depart
ment was yesterday afternoon declared by
the Board of Fire and Police Commissioners
tlt
to be guilty of the two charges that were
preferred against him as a consequence of
his actions In his November visitation at
the house of Geppner and Van Haller on
tlV
West Cass street cowardice and Inefficiency
and gross neglect of duty and was consequently
quently discharged from the force. .
Detectives Dempsey , Savage , Sullivan and
Keysor , who were Captain Cox's companions
In the fiasco , and against whom similar
charges were preferred , were found not
guilty of cowardice , but guilty of ineffi
ciency nnd neglect of duty and failure to
properly perform their duties as detectives.
Dempsey and Sullivan were suspended for
ninety days from the date of their suspen
sion December 6 without pay ; Savage was
suspended for sixty days from the date of
Judgment December 15 without pay ; Key
ser waa suspended sixty days from the date
of his suspension December C without pay.
The Judgment was decided upon at the
conclusion of an executive session of the
board that lasted for a couple of hours. All
the officers were in 'the room when the de-
clslona were rendered. The four detectives
accepted their punishment without a word ,
but Cox declared his Intention of flghtlng
the verdict In the court. Through his attor
ney he notified the board of this intention
and his objections to the judgment.
The attorney caused a record to be made
that Cox objected to the decision on the
grounds that Commissioner Coffman was not
present during the hearing ; that Mayor
Moores was at one time out of sight ; that
the findings were contrary to law and not
supported by the evidence ; that Cox was not
charged nor held to trial toj a violation of
any of the rules and regulations of the de
partment ; that the allegations were not
proved. He therefore gave notice that
within thrco days Cox would file with the
board a motion for a rehearing and that ,
upon this motion being overruled , ho would
within the time allowed by law effect nn ap
peal through error to the district court.
The places of neither tbo discharged cap
tain nor the suspended detectives were filled.
It Is expected , however , that at next Mon
day's meeting of the board Cox's successor
will be appointed. Sergeant Her Is most
prominently mentioned for the position.
Dr. Bull's Couch Syrup Is the best medi
cine for pulmonary troubles. One bottle will
convince vou of Its excellence. Try It.
LOCAL BREVITIES.
The case against Elinor D. Phillips , alias
Flldner , alias Nellie Gray , was dismissed
yesterday afternoon for want of prosecution.
Bho was accused by William Esser of South
Omabi of having stolen $3.
Mitchell F. Brown , charged with a viola
tion of the age of consent law , wherein
Minnie Beck is the complaining witness , has
been bound over to the district court by
Justice Cockrell In $2,000 bonds ,
Owing to the lecture of City Engineer
Rosewater , under the auspices of the Techni
cal club , in the public library lecture ball
on next Monday evening , the lecture by
Prof. De Kolty on Victor Hugo will bo post
poned until Tuesday evening at the same
place.
Although Jim Smith wns arrested for using
latrguage toward William Garrlty liable to
cause a riot , be succeeded In getting a com
plaint before the court against Garrlty be
fore the saloon man cbuld file one against
him. He alleges that Garrlty used threaten
ing language toward him , and , although he
does not BO state In the complaint , a vent
that ha wss compelled to defend himself
with bis mo'uth.
BETTER STREET CAR SERVICE
Secretary Goodrich Says the Company Will
Improve Existing Oonditioni.
NEW EQUIPMENT TO BE PUT ON SOON
Cam Already on the AVny to Oninhn
and Other * Ilclnjc llullt In the
Local MhoiiN Will Ilrllcve
the Situation.
' "The street railway company will Improve
and bptter the service on the lines regarding
which complaint has been made through the
city council and otherwise , as soon ns It
possibly ' can , and that time will arrive In
the near future. Thtrc elioiiM bo no friction
over this matter , as the company Is rcaJv
tcb grant the request for better service made
by ; the council and the people. The plans
are arranged and the cars that are needed
to put them Into effect should bo on the
way to the city. "
This Is what Secretary Ooodrlch of the
company told a Bee representative , who
asked what sort of a response the street car
company will make to the resolutions passed
by the city council , demanding a better serv
ice on the Sixteenth , Lcavenworth , South
Omaha and Walnut Hill lines. Secretary
Ooodrlch declares that when these resolu
tions were sent to the company the
latter did not consider that the council
desired an answer and therefore did not
send ono , having already mada arrange
ments to put In the better service requested.
In view of a resolution passed at the last
meeting of the city council , which requested
an answer , however , a response will be
forwarded to the council , setting forth the
situation assumed by the street railway
company.
"Tho difficulty has arisen as n consequence
quence of the sudden arrival nnd long con
tinued stay of Mistress Winter , " declared
Mr. Goodrich further. "In the twenty-one
years I have been In Omaha I have never
seen the cold weather secure such a grip
upon the city. The consequence was that
we were caught In the embarrassing posi
tion which Is aptly described In a saw that
Is quite prevalent In slangy society. Wo
did the best wo could nnd have every closed
car available on our lines. "
Cnm on the Wny.
Ten now cars ot the style of those
that have recently been put
on the Farnam street line nro expected in
the near future and will bo put Into service
immediately. General Manager Smith re
cently telegraphed for them and the response
was to the effect that they would bo sent
yesterday. These cars will bo put on the
Sixteenth and Walnut Hill lines at once and
it Is believed that they will satisfy all the
demands ot the traveling public.
Mr. Goodrich says that the rather deficient
service on the South Omaha line Is the
result of work that is being done to re
construct the cars on that line. The com-
pany started this fall to rebuild thirty-six
of these cars. Sixteen have been completed
and are running and the reel arc being fixed
up as fast as the facilities of the company
will Dcrmlt. Half a dozen of these cars
are now In the repair shop , thus decreasing
the number of trains on the line by thrco.
The work is to be pushed as rapidly as pos
sible.
"Tho matter of street car extension to
South Omaha and otherwise Is quite nn-
other thing and I am not In a position to
say anything about it , " asserted Mr. Good-
rich. "That will bo considered by the
Board of Directors at the annual mec'tlng in
the early Dart of next month , when I have
no doubt that everything possible will be
done to satisfy public demands. "
ENTERTAINMENTS LAST NIGHT
Waliint Hill Enworth Lcagnera Hold
a Tally Affair at the Home
ot Udltor Mctculf.
The Epworth league ot the Walnut Hill
Methodist church gave a 'taffy pull at the
home of Mr. and Mrs. R. L. Metcalf , 3840
Charles street , last evening. The commodi
ous rooms were crowded early In the evenIng -
Ing , the youngster guests occupying the
front parlor , while their older brothers nnd
sisters made merry In the middle rooms.
All kinds of games were played until the
taffy was ready. After that the boys and
girln had their hands full. They pulled and
ate the sticky candy until their hands and
Jaws were tired from the exertion. They
departed at a late hour apparently thor
oughly contented with the successful effort
of the league to entertain them.
Trinity Altnr ( Julhl'd Sale.
In the meeting room of the Trinity church
parish house , the young women of Trinity
Altar guild held the annual Christmas sale
of fancy goods yesterday afternoon. Three
adjoining rooms were thrown open and In
thorn lone rows of tables were heaped high
with all manner of articles that can , bo
made with the needle , the handiwork of
members of the guild. From 2 o'clock In
the afternoon until 6 o'clock , the hour of
closing , a host ot friends and acquaintances
made purchases and Incidentally helped to
swell the "altar fund" to an amount of
money needed for making necessary decora
tions for the altar for Christmas season.
The sale was In charge of Mrs. Lawrence ,
Mrs. A. L. Reed and Mrs. I. Coles.
St. Johii'n Annual.
The Ladles' auxiliary of St. John's parish
held their annual holiday sale of fnncy goods
In the church last evening under the super
vision of Mrs. H. Evans , Mrs. Frank B.
Thomas , Mrs. F. Lamb and Mrs. E. P.
Caldwell. All the articles for sale were
made by the women during the last few
months at their weekly sewing societies and
were readily disposed of to the many cus
tomers who were on hand to make pur
chases. The little folks of the congrega
tion had a table of their own , where they
Bold dolls and doll clothing of their own
manufacture. This was In charge of Miss
Amy Evans. Refreshments were served and
the ealo helped to increase the church fund
considerably.
FIRE RECORD.
Iltmlnrx * Illock nt Aurora.
AURORA , Neb. , Dec. 15. ( Special. ) At
about 1 o'clock last night a lire that IB
supposed' to have originated In tbo grocery
store of D. R. Hughes came very near
sweeping everything on the north side of
tbo square. Four business buildings with
their contents were consumed before the
fire could be checked.
The damage done was 39 follows : Gro
cery store of D. R. Hughes , totally destroyed ,
Insurance on the stock $1,000 and on the
building $500 ; drug store of Dr. Woodard ,
stock and butMlng valued at $4,000 , Insur
ance $1,000 ; millinery store of Misses McKee
and Mumay , total loss , partially covered
by Insurance. The fire did not reach be
yond the millinery store , because of the
brick walls of the adjoining dry goods store
and as there was no wind the blaze was
soon under control.
Section Home IlnmaKed.
GENEVA , Neb. , Dec. 15. ( Special. )
Last night the upper etory of the Elkborn
Eoctlou house was badly damaged by fire. A
coal oil lamp upset and started the blaze.
Mcrahunts * Fli-iin Clnh Notice.
A now lule has been adooted that no per
son can deposit more than thrte coupons
with any one merchant on the tame day.
HU-CAN ? HU-CAN ? HU-CANT HU-CAN ?
Leather Goods
r flveJ a now line of Card Ca < es , Letter
cflsw ( ( rholo CineS ( ] 1fte < , en9CS ( nm 1)ookS ) (
nooks , and I'uttes.
Three are of all lzw and material , among them nro Srnl , Morocco , Rococo ,
the prettiest you ever aw , 1'lg skin , nn almost Indostructable material , Mon
key skin , calf , etc. We have them plain and with the Sterling Slhcr Mount
ings , nnd with Sterling Silver Moun tings Hold Plated.
Wo have them In fair leather , B lack nnd in colors , and at prices you wish
to pay. There are nice ones at 50C , 7Sc and $1.00 , much nicer at $1,60 , $1.75 $ ,
$2.00 and $2,50 and some of the nicest cues jou ever looked at , worth as high ,
as $6.00.
We guarantee ; the quality of these goods , nnd nowhere In thU country can
you find any later styles.
We have beside * the above oth er articles in leather any ono of which
would make nn elegant , useful nnd n pproprlate Xmas present.
There are Lap Portfolios , Writing Desks , Bankers' Casc"i , Address nnd
Engagement Books. A Inrgo assor tmcnt of each nnd n great variety of prices.
Wo can suit you with the article , also with the price. ,
Megeath Stationery Co. ,
1308 Fartmm. Open evenings ,
SOLI II OMAHA NEWS.
President Roberts of the Board of Educa
tion IMS not given up hope yet that L. D.
Loovy will corno around nnd pay the BJ&OO !
district $7,000 for the land offered for sate
dIn week ago. Up to the close of business
last night Loevy had not made tbo deposit
of cash required and It la Inferred now that
olh
lie has given Up the deal. In this connec
tion President Roberts said that ho had a
. purchaser . on the string who wants to buy
the trt.mglo and If ho could be made to stick
this patch of ground would be sold Inde
pendent of the other two lots , which entered
into the sale inado to Loevy. Mr. Roberts
holds that If the triangle la sold for depot
purposes some brewery will bo will lug to
pay a good price for the two lots directly
across the street. At any rate the school
district made $200 by advertising for bids for
It holds Loevy's deposit of $200 and this
will not be returned to him.
Will MnUe thr llulldlnK Whole.
In connection with the complaints re
cently made about -the faulty construction
of the now city hall building Potter &
George , the representatives of Mr. Gibus ,
the purchaser , said yesterday that all ot the
promises made by Mr. Flnlcy would be car
ried out. Mr. George stated that Mr. Fltiley
had made suitable arrangements for the re
wiring ot the building and also for making
the changes agreed upon before the transfer
of the property was mado. The police court
room will bo rearranged so as to make a
I
private office for Judge Babcock and the
\ontllatlng of this room will be- looked
after. A speaking tube Is to he run from
the Judge's desk to the chief's office in the
,
jail below. Judge Babcoak Is having a telephone -
phone placed In the courtroom and when
nil J . the changes contemplated are completed
the room will be qulto cozy.
TOXIH Com In IT In I'romptlr.
Property owners , are paying their tuxes
this winter much more promptly than for a
number of years past. City Treasurer
Broad well reports that more money haa
been , received from taxes during the month
of November and for the two weoka of De
cember than for five years past. Of the 1898
city taxes , which became due October 1 , 439
receipts have been lasUed by Deputy Treas
urer Gallagher. Last year at this time 377
receipts had been Issued and the year be
fore 32G receipts. In 1895 taxes cnmo In
very slowly as the records show that up to
the middle of December only 294 receipts
had been written. In 1894 the showing was
better , as the receipts handed out totaled
368. Special as well as regular taxes nro
being paid this fall and many of the special
district funds will be helped out by the pay
ments made at this time.
Hi-ill IXnte Movement In Active * .
Omaha real estate men evidently consider
South Omaha a good field to work , as rep
resentatives of nearly all of the prominent
firms In Omaha are dickering here nearly
every day. Property Is on the advance nnd
there Is no reduction In the price of rents.
Only n few vacant houses are to be found
and these are being held at more rental
than they are worth. If property owners
would come down a notch In rents every
house and building In the city -would be
occupied.
Popp WniitN Ilnlin.
MIkn Popp , a Q street tailor , has filed a
claim of $200 against tbo city , alleging per
sonal damages. Popp makes the assertion
that while walking along Twenty-fourth
street a few evenings ago he wa < t thrown
forcibly to the ground by reason of a defec-
ttvo plank In the sidewalk. In falling ho
sustained a sprained wrist and for this ho
wants the city to pay him the sum noted
above.
City fJoimlp.
MIPS Mary Boyd is recovering from a
severe spell of sickness.
Mrs. J. A. Johnson , who haa been qulto
sick , Is reported much better.
Iowa shippers sent eighty-five loads ot
hogs to this market yesterday.
The number of Iowa , stockmen who pa-
tronlzo this market Is tin the Increase.
It Is estimated that 365,137 head of sheep
ore being fed In Colorado this winter.
Oscar Hill , who has been on the sick list
for some days , Is reported much better ,
Mr. and Mrs. C. H. Williams. Sixteenth
and N ntreets , report the birth of a som
Mra. Kathcrlne O'Rourko Is very sick at
her home. Twenty-seventh and M streets.
The local office of The Bee will bo moved
Intb the new city hall building In a few
days. t
No Christmas or Now Year's holidays will
bo observed by the live stock markets this
year.
A son , has been born to Mr. and.Mrs.
Charles Williams , Fifteenth and Archer
streets.
Mrs. Pierce of St. Louis la visiting her
sister. Mrs. A. 7. Blank , Twenty-seventh |
and H streets.
The charter revision committee , which t
was supposed to have met last night , failed
to get together. .
Miss Purccll of Minneapolis , Kan. , Is the
guest of C. M. Griffith and family , Twenty-
third and J streets.
An "echo" service will be held at the
Young Men's Christian association next Sun
day afternoon at 4 o'clock.
A meeting of the committee of manage
ment of the Young Men's Christian associa
tion will be held this evening.
Manager Baylies of the local American
District Telegraph company has established
a branch office at 428 North Twenty-fourth
street.
Tbo P. E. O. society will meet Saturday
afternoon at 2:30 : o'clock at the residence
of Mr . W. A. Scbrel. 1010 North Twenty-
second rtreet.
The local Young Men's Christian associa
tion will hold a New Year's1 rceptfcn at the
association parlors from 7 to 10 o'clock on
the evening of January 2.
A general Invitation Ii extended to the
public to attend the meeting of the public
BChool teachers next Saturday morning nt
the High school building.
Frank Lindner , Twenty-ninth nnd W
streets , died yesterday. Funeral services
will IM ) held this afternoon from residence.
Interment at Laurel Hill cemetery.
H Is asserted that the First ward pay&
36 per cent of the taxes paid in South
Omaha. Besides this the ward has the
largest vote of any ward In the city.
The annual meeting of the State Farmers'
Insurance company will bo held at 2420 N
street on January 3. Officers and three di
rectors will bo chosen at this meeting.
A meeting of South Omnha public school
teachers will bo held at the High school
building Saturday morning at 9 30 o'clock.
Mrs. Ford of Omaha und Dr. Wolfe will
speak.
A number of business changes ore looked
for about January 1. Ac ugcnt of the In
ternal revenue service said yesterday that
ho had been advised that a number of
saloons and tobacco stores would changa
hands about the tluio mentioned.
A warrant Is out for the arrest of William
Stownrt , colored , for boatlug Julia Tuttlo.
The woman filed a complaint with Judge
Babcock yesterday and displayed a gosh on
her head , which she/ assorted was Inflicted.
iby Stewart. The police will gather Stewart
In as sooii as they locate him.
Frank , the 9-year-old son of Mr. nnd Mrs.
Thomas Brondner , la laid. up with a broken
leg. The accident happened at the Haw
thorne school and It is asserted that another
boy ran against him in such n manner that
' ho was knocked to the ground , receiving
the injury.
DEFENSE MAKES NO HEADWAY
Tell of the Movement * ol
Sim. llotklti Unrlnw Her Stay
In Sun FrnnclHCo.
SAN FRANCISCO , -Dee. 15. George Hans ,
from whose store Mr ? . Botkln is alleged to
have bought the candy sent to Mrs. Dun
ning , and two of his employes wore on the
witness stand in the case today. They were
examined regarding the manufacture * ot
chocolate creams and other candles and the
possibility of poison getting Into the candy
during tbo course of manufacture. Nothing
of a very satisfactory nature for the do-
fen so was adduced.
Mrs. L. Simpson , who was proprietor ot
the Victoria hotel when Mrs. Botkln re
sided there , told of the emotion of the
woman when John P. Dunning went to Now
York to accept an engagement as a Cuban
war correspondent. Mrs. Botkln , the wlt-
nesi. stated , was very nervous for eomo time
after Dunnlng's departure , as she feared
ho might be killed. Mrs. Simpson was posi
tive that there wns nothing to criticise la
Mrs. Botkln's conduct while she wns a resi
dent of the Victoria. John D. Dunnlgan ,
a mall crerk at Station D , positively as
serted that a package similar 'to ' the ona
sent to Mrs. Dunning passed through hU
hands early in August. He was positive ,
because the name on the package waa BO
similar to his own that it attracted special
attention.
Mrs. Blrdlo Price , who succeeded Mrs.
Simpson as proprietor of the Victoria hotel ,
testified that a number of people had been
In Mrs. Botkln'ft room between the tlmn
Mrs. Botkln left and the time Haas1 seal
waa found there. The seal has tjecn iden
tified as ono used on the box of candy sold
Mrs. Botkln. .
WAR OF RIVAL MINE CONCERNS
HecfUcr Applied Kor nt Iliittr for the
IIoNtou nnd Montana Mln-
Company.
BUTTH , Mont. , Dec. 15. Upon application
to the district court today Judge Cluncey ap
pointed Thomas R. Hinds receiver for the
Boston and Montana Mining company , rc-
ccutly OT H nlred under the laws of Now
York. Hinds Is county treasurer. Ills bond
aa receiver is fixed nt $105,000. The prop
erty ho Is to handle is worth at the lowest
estimate $20,000,000. Forester and MacGln-
nlti , the claimants , say that they own some
stock In the company and object to the
transfer of the property from the Montana
corporation to the ono recently incorporated
under the laws of New York. They allcgo
that since the transfer was made the New
York company has diverted the proceeds of
the property to persons not stockholders.
MacGlnnls Is vice president nnd general
manager ofthe Montana Ore Purchasing
company , of which August Hcinze Is presi
dent and general manager. The Montana
Ore Purchasing company nnd the Boston and ,
Montana company have been at war for a
long tlmo. About fifty canes nro pending In
the state and federal courts here between
the two concerns.
HYMENEAL ,
HiirrliiKt < > ii-A < lnmn.
BURLINGTON , In. , Dec. 15. ( Special
Telegram. ) S. B. Harrington , manager of
the Peoria ( III. ) Opera house and Mlsi
GenovIe\B Adorns of Burlington were united
In marrlago today at 2 p. m. at Christ
church rectory by H. W. Perkins. Only a
few friends were present. Both are promi
nent socially. They will llvo 1n Pcorla.
Wlrloilroiii-Joliiiioii.
WAUSA , Neb. , Dec. 16. ( Special. ) Tha
marrlago of Mls 10 mm a D. Johnson and A.
F. Wickstrom of Omaha occurred at tbo
homo of the bride's parents last Wednesday
night. Mleti Johnson Is the daughter of
Gust Johnaon of this city.
ix-iii\ < -riiir of MiiNmichiiMeltii.
BOSTON , Dec. 15. Henry A. Rice , ex-
governor of Massachusetts , died at his homo
hero today , aged 82.
MethodiNt ( 'liurc-h Ileopeim.
HILL CITY. S. I ) . , Dec. 15. ( Special. )
The Methodist Kplscopal church at this
place , which has been closed alnco the
quarterly conference for want of u pastor ,
nan recently been rcopcntd under the cliargo
of Rov. Kejfl. The Sunday school la uudr
the direction ot Mr. Scovill.
A