THE OMAHA i > AlLY BEE : SATURDAY , DECEMBER 24 , 1808. UAIirr Today and Tonight YOUR flftlluEl skfeTA CLAul WILL DISTRIBUTE ALL HIS GIFTS TO HIS FRIENDS. You will find him in Hayden Brothers' big basement , surrounded by a magnificent line of toys. This is your last chance to obtain holiday goods. All will be closed but Saturday at any price to get rid of them. Uncle Young Games Sam Dolls s Americans Blue Abroad Jackets We are strictly in it on dolls Chivalry A beautiful 230-pago Book Story Afloat ' An exciting board game , has no peer except chess , 2-50 Page Story Book If you can't buy dolls of us go home and make up 39c eJegant board with patent drawer , reg ! 39c your mind you have done your duty , ular $1.50 , now Beautiful Dressed Dolls , regular 25c , now 13c Christmas Go Bang , tbo very popular game , elegant patented board Christmas Elegantly Dressed Dolls , regular 69c , now 43c regular price $1.50 , our price 63c Tree Tree Barnum's Circus contains tent , animals , posters , tickets , etc. , Ornaments Fine as silk , too sweet to live , now 79c Hot Air Candies < best game on earth for the children , regular § 2 , our price. . . . 69c box. The Finest Dressed Dolls in Omaha , very large , regular $1.75 , now 98c Young American Bank having bank ollice , gold , silver and cur Engine 1C per rency deposit blanks , check book , etc. , regular § 3 , our price. .1.19 Something now . . . . . . Dressed Dolls ladies . .Regular § 3.00 , nearly young , now. 1.49 5c Batfle Quoits , regular 25c , our price 17c . Kid B ody Dolls , 13-inch , 15c. 20-inch 69c 24-inch , very large. 89c Nerve Croquet new game , regular 25c , our price 13c $1.39 up. Ferry The beautiful Shoo Fly Wholesale StoryBooks The Toy Musical ' Boats , Steamer Rocker Grocer Weeden Piano Tops Books A. very hand- St Louis Nicely 2-story building , delivery . : , , etc. , Borne toy. upholstered , wagon Steam All aboard for Asia 19c. 89c. 59c 39c and Africa , 325 19c up 3c pages , Engine Toy Sad Linen Hardwood 39c Skates All Solid Steel Nursery Irons , Picture finish- Aesop's brass regular Primer Books Nicely . Wagons and stand $1.50 Steam Engine upholstered , Fables our price A beautiful stiff 5c. 3c. Very powerful something play box in Beautiful 250 12x24 inches , cover story book page entirely now buy . . . . $9-98 front book , - ono for your boy 98c Collar 85c 39c 79e 7c and Great TrollyCars andGuff Guff Geasar's Cars , CheckerBoards Solid Steel Skate * adjustable , Doll Albums Foot Balls Necktie 29c boxes , very Boards Solid clamp tccl * , nickel plated O3o Carriages Beautifully size , Boxes Large fine , Ghost something Ladle * ' Sknten , toe * trap 63o decorated , new , Ladle * ' Skate * , clnmi Site Very fine .89c Velocipedes 98c. 3c. 19c , 3c Lndle Skate * ' * very line nickel plated fl.15 13c up 49c 55c 69c Carts 5c Everything Goes Today Buy Now , Not a Dollar's Worth of Toys Carried Over HAYDEN Iron Trains Two cars , .engine and tender , regular - > , lar price < 25'icents ' , , . , , , . , ' * IRON TRAINS Verr large tcndr,5eoache etc. resnlnr O5c Lti-i BANK CASE ON FOR HEARING State's Suit to Keoover Money Fold Oat on Bartley's Check. JURY SECURED AND CASE STATED Attorney * Tell What They Hxiiect to Prove and the 1'Mmt WltnenHC * Called Identify the Chuck and Warrant. The trial of the suit of the state against the Omaha National bank and Its president , J. H. Mlllard , over the Hartley $201,000 check transaction began yesterday in Judge Baker's court. The forenoon was taken with the Impaneling ot a jury , which was not quite completedat noon , though tbo defense bad exercised two out ot its three peremp tory challenges and the state had waived one nd exercised another. There were no chal X lenges for cause. Messrs. Connell , R. S. Hall and Webster appeared tor the bank and Mr. Mlllard. A very brief statement of the case \vas made for the state by Attorney General Smyth , as be was about to examine for cause. It waste to the effect that Joseph S. Bartley , formerly treasurer of the state ot Nebraska , had paid over to the bank and to Mr. Mlllard 1202,884.05 on January 2 , 1897 , out of funds belonging to thet state , which amount the etato seeks to recover. Mr. Smyth also asked the jurors whether any of them were depositors. After him Mr. Connell preased them aa to whether their citizenship and general Interest In the state would bo allowed to affect their ver dict In any way. The defense exercised two of its peremp- torles upon David Thompson ot Twenty-sec end and Spauldlng , a carpenter , and Sydney 'A. Jones ot 3039 Emroett , a harnessmaker , nd too state ono of Us upon J. O. May , a Couth Omaha blacksmith. The remaining two challenges were used Up after dinner by excusing Fred W. Win ning of 4303 Grant street , a depositor ot the bank , and Henry Forlander , a South Omaha carpenter. The following twelve men were then'iworn to try the case : Le'roy W. Furnas. 1418 North Twenty- fourth , contractor. David S. Lockwood. 1502 North Twenty- eighth , contractor. Henry J. Purdle. 1931 South Twenty-first , teamster. Tlllmon P. Shirley , 1244 South Sixteenth , mutineer. T. F. Van Dorn. 2215 Leavenworth. Ellis Coder , 705 North Sixteenth , In surance. Emory W , French , 2222 South Fifteenth , barber. Monroe C. Kldder. 4140 Burdette , clerk faclfic Express company. N. W. Bishop , Waterloo , farmer. Charles A. Ulumberg. 2G32 Chicago , tele phone employe. , John N. Robb , 1622 North Twenty-ninth , printer. Louis T. Foreman , 1518 North Twenty- fifth , plumber. StatliiR the Car to the Jury. ID bis opening Mr. Smyth Intlmaetd his theory that the bank should have known whether the transaction of Bartley draw- tog the check payable to J , H. Mlllard , its TRY GRAIN-0 ! ' TRY CRAIN-0 ! Ask your Grocer today to show you a package of GiViYlN-O. the now food drink Jf that takes the place of coffee. The chil dren may drink It without Injury as well ai the adult. All who try It , like It. GnAIN'O has tnat rich seal brown of Mocha or Java , but it Is made from pur craln * . and the most delicate stora- fcea rocelvtn It without distress ) . U the ot coded 16c and 6 c per package. president , for the purpose of redeeming the warrant of $180,101.75 of the Chemical National bank of New York , was a bona tide one or not. He said ho would show that Mr. Bartley had no authority to convert the funds of the state to any such use and in no way could the bank bejustified. . It also came out that the prosecution was pro ceeding on the theory that the warrant was void and not based upon any authority of law. i A rather elaborate argument was made by Mr. Connell in presenting his side of the case. It amounted to this : Bartley had done nothing more than he was authorized to do as state treasurer and It was an or dinary business transaction for him to check against his own regular account. The bond of the bank , as a state depository , required It to honor his drafts on his own deposits as such state treasurer , which bond had been approved by the attorney general himself. The only concern at all interested In the transaction had been the Chemical National bank , as the holder of the warrant , and It the state had any ac tion at all It was against the Chemical National bank , as there was nothing In the complaint to show that cither the Omaha National bank or Mr. Mlllard had profited on cent in the transaction. The facts were , he said , that the Chemical Na tional had sent a warrant to the Omaha National , as Its correspondent , for collec tion , and Bartley had drawn the check for Its redemption In the ordinary course ot business , the warrant having been based upon an act ot the state legislature and signed by the state auditor. Mr. Connell read the title ot this act. It was for an appropriation for the current expenses of the state for the years ending March 31 , 1896 , and March 31 , 1897 , and to pay mis cellaneous items ot Indebtedness. Court TiikeN 11 Ilflef Turn. Mr. Smyth made frequent objections to the line ot argument Indulged In by Mr. Conner ) , and when ho came to a reference to the validity of the warrant and the act of the legislature ho objected all the more strenuously. Judge Baker then put In a word himself , saying ho would determine all the questions of raw in the case and whether the warrant was valid or the act of the legislature a proper one. Mr. Con nell remarked there would bo nothing left for the Jqry to do. "The jury wilt have to do only what I tell them , " the court re torted. Mr. Council's observation and the court's rejoinder produced a general grin In which the jurors joined as heartily as any one. A further comment by Connell that courts sometimes did not know all the Jaw brought out from the Judge another retort. "I know all the law in this particular case , " he said. "Well , if I can't tell you what the undisputed law is , " said Conneir , turning himself to the jury , "I will go on to the next proposition. " The "next proposition" was that In con tradiction of the state's allegation that the bank did not hold any claim against It the bank did hold the warrant for collection. "At that time. " said Mr. Connell , "Bartley was supposed to bo an honest state official and his wrongful acts were unknown. Mr. Mlllard was not required to take judicial no tice of the articles which appeared In the newspapers. The check itself shows that the bank was not directed to pay the money to Itself or to Mr. Millard , but that the money was Intended to be used for the pur pose of redeeming this warrant. The state first alleges that what Mr. Mlllard did ha did as the president of the bank and then it seeks to make him personally responsible for the money. As Mr , Smyth cays he Is suing to recover money Bartfey embezzled. " During the course of hla remarks ho said the whole matter had been to "cover up a shortage In that center of corruption , fho city of Lincoln , owing to the failure of the Capital bank and the Mosher transactions. " The first witness put on the stand by Mr , Smyth was Cashier William Wallace ot the defendant bank. Mr. Smyth got la the cum brous deposit memoranda of the bank to Identify the transaction of tbo check and also the answer of the defense to Identify the warrant. His third exhibit was the warrant Itself. R. S. Hall cross-examined. To almost every question put by Mr. Hall.Mr. . Smyth raised a technical objection. Nevertheless the court allowed considerable latitude end it came out that a letter had come from the Chemical National bank accompanying the warrant and that the warrant had been taken up by Bartley's check to Mr. Mlllard ; In short , that the money was paid to the Chemical National bank. State Treasurer Meservo was also called to Identify the warrant as a public record. A continuance was then taken to 9 o'clock this morning. It the case Is not finished today Judge Baker says be will bold court Monday. Dnvln Get * Three Yenr * . A motion for a new trial in the case of George Davis , the convicted railroad ticket forger , was denied by Judge Slabaugb , and ho was sentenced to three years. Davis was found guilty of forging North western tickets for passage between Coun cil Bluffs and Chicago. The 'ticket * were printed almost a fac Simile of the originals and tbo margins torn after the style of this particular kind of ticket , so as to designate the points of designation. Davis' defense was that the tickets had been given to him by a curbstone ticket scalper to sell and he supposed they were all right. Ilnle In the Poddoek Cnc. Judge Fawcctt has made a decree In the case of the Merchants' National bank against the Paddock estate , the Interstate Invest ment company and the Omaha Street Rail way company , ordering the defendants to transfer 297 shares of street railway stock and fifty shares of the Interstate stock to the plaintiff bank If by February 1 , next , the sum Of J12.365.SO Is not paid over to the plaintiffs. The late Algernon S. Pad dock put up the stock , so the court finds , as collateral security for a loan of 111- 000 In July , 1897. Notes from the Docket * . Sylvanus Souders sues Kitty Souders for divorce for desertion In 1S90. They were married In New Jersey In 1891. A divorce suit has been started by Kate Skctchley against Walter Sketclilay , to whom she was married In 1890. She alleges cruelty. They have a 7-year-old son. Judge Dickinson has dented a motion for a .new trial In the case of Mrs. Mary W. Gaylord against the Nebraska Savings and Exchange bank , and Receiver William K. Potter , iu which she received a verdict of * 18G34.32. Receiver Thomas H. McCaguo of the Ger man Savings bank having announced that he would declare another C per cent dividend , V. O. Strlckler , as the holder of $31,416.75 worth of assigned certificates , has obtained an order from Judge Fawcett directing the receiver to pay over to him what remains yet unpaid ot the third dividend and all of the fourth dividend. Mrs. Thomaslna Rooney of 547 South Twenty-fifth iuenue has petitioned for the appointment of an administrator of the es tate of her late husband , Patrick Rooney. Ho died in St. Louis December 17 without having made any will. Ho left 111,000 worth of real estate In this county , J2.GOO worth elsewhere , and $500 worth ot per sonal property. There are eleven children. Gld. E. and Alice -Jhnson , osteopaths. Suite 615 , N. Y. Life Bldg. Sfo Afore Turkey for Them. Disappointment Is in store for all of the Indians remaining upon the Omaha and Winnebago reservation. They had an idea that they were coming down to eat turkey at the county jall nnd as a result they have been standing around the Agency buildings in squads waiting for some ono to drop dcwn Upon them and bring them here. An cider has goni- out to discontinue making arrests until afte > New Year's and consequently un. leas an emergency arises the deputies from the United fiute * marshal' * office will not make any more trips' t6 the agency for a ft w days. JACK NORTON'S CASE IS UP Jailfce Slnlmuffh Cnll * the Matter nt the Conclusion of the Duchcl Trial. Judge Slabaugh concluded yesterday morning to take up the gambling case against Jack Norton so as to finish up the jury business of the term and take advan tage of the last jury day. The attorney for Norton said his client was too sick to ap pear for trial , but nn examination of Nor ton's condition was made by City Physician Spaldlng with the result that Norton's health was officially reported good enougli. It had not been the intention ot Judge Slabaugh to try any more jury coses this term , but Deputy County Attorney Winter said he had been holding his principal wit nesses her6 from Kansas for some time and he hoped the matter would be disposed of. The witnesses ho referred to are Phillips , the "pin game" operator , and Hanson , who had been employed by Phillips. Wichita , Kan. , is the home of Phillips. All the progress made In tbo case by noon was the examination for cause by Winter of the first twelve men called. He passed for cause and the court promptly took its dinner recess. In less than a half hour after the court reconvened a jury was secured and a con tinuance was taken until this morning. The Jury as agreed upon consists of Elmer Lathrop , Thirteenth and Corby ; George Hoist , South Omaha ; John R. Larson , 1027 Ohio ; Anton Franke , South Omaha ; J. W. Shannon , South Omaha ; F. J. Hartman , 1103 Marcy ; J. E. Rognrs , 2825 Parker ; W. C. Bouk , Crelghton block ; James Stockdale , 940 North Twenty-fifth ; James S. Stonr , 2530 Parker ; Joseph Prltchard , S40 South Twenty-first , and Charles Martin , 3712 North Seventeenth. Norton is charged with having run a "pin game" Joint on North Sixteenth street. On his preliminary examination James Phillips was the main witness against him. Phil lips testified that Norton had engaged him to conduct the peculiar game of the latter just about the time the place was pulled. MAIL CARRIERS ARE BUSY Holiday Hush at the I'OHtonlce Iteache * a Height Never lie- fore Known. The holiday rush at the postofllce Is on In earnest now and is likely to continue for a couple of days at least. This rush ot bus iness has reached such proportions that four clerks have be n temporarily detailed to help look after the package mall , which Is coming In and going out In volumes never before heard of. The packages are larger than usual and everything Indicates that they are much more valuable than hereto fore. fore.Over Over In the mailing room at the postofflco everything has the appearance of the wrap ping department of a big wholesale house. There are bundles of every size and prc- eumed to contain everything necessary to make glad the hearts of both old and young. These packages are giving the carriers much trouble , as they are in addition to tbo regu lar mall which they are expected to take out. Some of them are as large as busher baskets , while others are not bigger than the end of your flpger. All have to be delivered , re- gardleis of size , and mornings when the car riers start out on their rounds most of them carry enough to load down a pack horse. Dr. Hniullton I * Improving ; . CHICAGO , D c. 23. Dr. J. B. Hamilton , former surgeon genera ] of the Marine hos pital service , who underwent a surgical op eration several days ago. Is still la a criti cal condition. Dr. Nicholas Senn , who la at tending him , Is hopeful , , M present symptoms are encouraging. . ENFORCING SANITARY RULES Inspector Matza Complains that Police Judge Gordon is Too Lenient. ONE CASE THAT HAS CAUSED A CLASH Gordon Sny * lie IN Dolns 111ft Fall Duty mid tluit Mntca 1 * Too Kuurer In Some IiiHtitncc * IJr. SuuIdliiK' * Opinion. The advice to the public to make a general effort to clean up existing nuisances as one means of stifling the Incipient epidemic of smallpox brings out a vigorous remonstrance from Peter Matza , sanitary Inspector , against the methods of the police court in cases that ' Involve this class of offenders. Mntza avers that it Is of little use to try to compel the public to clean up when the police judge refuses to co-operate with tao health department by enforcing the ordi nance by which nuisances are prohibited. In support of his contention the Inspector cites the cane ot Nicholas Frederlckson of 3930 Seward street. He says that December 6 ho served a notice on Frederlckson to remove a quantity of night soil that ho had taken from his premises and dumped on a vacant lot on the southwest corner of Thirty-eighth and Franklin streets. Frederlckson neglec ted to comply and a few days later bo filed a complaint against him for maintaining a nuisance. Matza adds that he appeared In police court December 10 , but Judge Gordon told him ho had given Frederlckson until ten da > s later. On tbo latter date he ap peared with his witnesses and the juage continued tho'caso until the next day. This has been repeated every day and Matza has been on hand with bis witnesses eevry day , only to bo told to come again the next day. In the meantime tbo nuisance remains to menao the health of the neighborhood , and Matza declares that this Is only ono ot doz ens jot cases In which the health department Is unable to enforce the ordinances on ac count of the failure of Judge Gordon to sup port It. Matza was In the police court yesterday again , but Frederlckson did not appear. Judge Gordon dented with vigor that ho Is In any respect delinquent In his duty , and declared that It is Motza's fault that Fred- crlckson was not in court. Ho Bays that Matza had gone to the premises , but neg lected to inform Frederlckson that he is wanted In police court. "I know Frederick- son , " added his honor , "and I know him to bo a good citizen and under the circum stances I did not consider It right to send out the patrol wagon and have him hauled down hero in disgrace. I sent a capias to bis house yesterday , but ho was not at home. I supposed the capias was left there and that ho would be here this morning. I am always ready to do my duty , but the trouble is that In many of these cases the prosecution Is inspired merely by an anxiety to collect the fee for hauling the garbage , and when they have accomplished that they have no further Interest In tlio case. " Commissioner Spaldlng of the health de partment says 'that In the case referred to ho merely Knows that the nuisance exists and what the Inspector has reported. Ho sajs that Judge Gordon has done pretty well recently In assisting the department to enforce ' force th'e ordinances and he has no com plaint to make in that respect. for Federal HulIdliiK * . Acting Collector of Customs Woodwortli Is in receipt of the plans and specifications for the carpets and rugs for the offices and court rooms in the now postofflce building. The bids for the carpets will bo submitted almost wholly by local dealers. Seven now clocks and fourteen leather cov- red settees for the new poetoraco building have arrived , end are being stored in the old building. The clocks cost the govern ment $12 each. PROVIDE DINNERS FOR NEEDY One Hundred Omaha Families to He Looked After on Clirlit- ina * . Christmas day will mark a now departure la the practices of the Jacksonlan club ot this city. On that day 100 families In Omaha who might not have had anything besides bread and coffee for dinner , will have a sumptuous feast at the expense of the club. Several weeks ago Ed P. Smith , the newly elected president of the club , wrote to well known workers la charitable fields asking them to send him the names of the most needy families under their observation. No section of the city was designated , nor any c ass , eect or creed , but charitable organiza tions dealing with all classes of people were consulted. The result was that 100 families were reported to Mr. Smith as likely to pass the day wholly or partially hungry , unless provisions caino from outside sources. The Jacksonlan club appropriated money from Its treasury to cover the expense of the charity , and 100 complete dinners will be purchased and will be eent to each ot the families. They will not even have to come otter it , but It wllr be taken to their doors , and there will be plenty of good things for alj members of the family. The articles are beltvj : bought today , and the deliveries wlU probably be made tomorrow. Bitt while engaged In this charitable work the officers of the club have not become so engrossed with the doctrine of peace and good will as to forget the Interests of the organization. For Instance , a few days ago the Chicago democrats telephoned to Omaha asking the club to postpone Its annual banquet until Monday evening , Janu ary 9 , leaving the Saturday date open for the Chicago club. The modest men in the Windy City are going to have a banquet and they want Congressman Sulzer of New York and W. J. Dryan to speak there , both of whom are billed for Omaha. These men' pass through Chicago and the organization there suggests it would be more convenient to have them stop oft a day and speak there and then resume tbo journey to Omaha. Tbo Omaha democrats , however , are not Investing in gold bricks. They say they do not care for any secondhand speeches. They allege that what Chicago wants Is to get the first public address from Mr. Bryan , with its probable outline of democratic policy on expansion , This the local democrats want and insist they are going to have. That Is what the wires said In the receiver at the Chicago end. Chicago then rung off. Local democrats continue to look forward to thU banquet with considerable Interest. They repeat their oft-made declarations that it will be the biggest thing in the history of the club. Their Interest has grown visibly during the last few days since dis patches from eastern political storm centers suggest that a deal is on foot to moke Bryan the presidential candidate in 1900 , with Congressman Sulzer his running mate. With both of these on the card at the coming banquet the democrats are ready to believe that something important is apt to happen at the feast. Hence they arc eager to secure a seat at the table. They can hardly wait for the day to come. Tar 1'ot Take * Fire. An alarm was turned in Thursday night at midnight from 311 South Fifteenth street , wbero a tar pot was found blazing on the roof. The firemen threw it oft and ex tinguished the bluzo below. The pot was in the center of the roof , twenty-five or thirty feet away from tbo boiling vat , BO It is not known haw it caught , unless a flying spark landed In It. and set the tar to blaz ing. A gentleman in an adjoining building law it and turned in the alarm. BECHEl FOUND NOT GUILTY Jury Eeturns a Verdict of Acquittal on Charge of Embezzlement. DEFENDANT WARMLY CONGRATULATED Court Room Crowded When the Jury Announce * tile Kentilt of It * De- Hbcriitloii Cloning ArKunient and liiHtrnotlon * of Court. "State of Nebraska against W. F. BechcL We , the Jury , etc. , do find the defendant not guilty. W. H. Plnttner , foreman. " After being out all nlghi the jury la the Bechel case brought In a verdict of acquit tal. They reported about 10:30 : a. m. An eager crowd was awaiting their entrance into the court room , and as soon as the gong sounded a signal that the jury had agreed upon their verdict the court room became BO thronged that a great many in terested spectators bad to stand up. Ther was a breathless silence as the clerk read the verdict , but as ( the words "not guilty" wer uttered , the audience vented its feeling of relief In a general buzz. It was somewhat difficult for Bailiff Heacock to ke-ep order. "Is this your verdict , gentle men ? " the clerk asked. "It Is , " spoke out every ono of the jurors In unison. The friends of Bechel gathered around him and bis attorney , Mr. Council , and were piofuse in their congratulations. It was some tlmo before the court room could re sume its usual decorum. For a while it seemed as though the jury would disagree. Not a great many ballots were taken , although but one or two ot the jurors were stubborn and continued to hang out for conviction. This morning , however , when the deliberations were resumed the argument of tbo overwhelming majority hail Us effect , and an almost unanimous ballot waa taken about the hour for the court to reconvene. Another ballot followed in a half hour and the result was a unanimous decision In Bcchel's favor. NEW STREETJ3ARS ARRIVE Five More He inly to ll I'nt Into Service on the Croimtown and AVnlnut Hill Mnc- . Five of the remaining now care ordered by the street railway company have arrived at the shops and -are rapidly being put In ehapo for use. For several days the company has been prepared to work night and day on the cars as soon as they arrived , and In another day or two the additional rolling Htock wlU bo on the tracks. Thetio will relieve lievo the pressure to some extent on the croEB-town and Walnut Hill lines and when the last shipment of five cars arrives , the company will consider 1 Inert in shape to handle the business with ease. CnrllMle Aiiiieur * In Court. NEW YORK , Dec. 23. John O. CnrllsU , ox-Bccrc'tary ' of the treasury , appeared In a police court today as complainant against Illchard Lcake , a cab driver. Mr. Carlisle accused Leake of stealing a sealskin sacquo belonging to Mrs. Carlisle and valued at { 300. Leako was held for trial , GOOD DIGESTION Good Nerves and Good Health are the glfta of Horsfori'sAeldPliosphalf ' Take no Substitute.