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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 12, 1899)
THE OMAHA "DAILY BEE : SI'KDAY , FEBlU'ABr 12. 3890 , CLOSE OF THE MOISE CASE v1 Oourt Will flacd Down Op'mica Darisg Coming W k , SAYS LIQUOR LICENSE ILLEGALLY REFUSED Out TcfctlTiinnjI'rrlnlnliic tii tin ; Clinriirtcr of iirloiiS \VMcli WAN O.crntc.l | on Hit' The hearing of the Walter Molf * raaa - IZUB against the Hoard ot Tin .nd Voile * ; ComtnlsBloairt nas concluded before Judge Bcott jostwday end a decision will be { handed down tome day this week. In this C M > the plaintiff nought to coraper the board to Issue a license to operate a wloon. Yesterday moraine Walter Molse was called to the stand by City Attorney Tonntll when the court reconxcned. His testimony amounted In substance to n etattment thnt the Norton saloon and his vholcsale business were Included In the same building , but separated on the ground floor by a partition ; that the saloon and wholesale department -had been to run blnce he took possession In 1S95. In Wright's croKB-examinatlon the witness was per mitted to ghc a great deal of testimony , considered irrelevant by Mr. Connell , for the purpose of trying to show that Chief of Police Martin White had been around his place considerably during the past sum mer , and that Commissioner Collins had visited his place about once a month dur ing the summer to collect a bill. To this kind of cross-exnml nation Mr. Connell perslrtently objected , but the court Invaria bly overruled him. The court Insisted irpon asking the witness some questions , to which Mr. Connell objected as not proper examination , and refused to allow Mr. Con- uell'e objections to go Into the record. When ex-Policeman Sullivan was called by Mr. Connell to prove that a diamond robbery had occurred at the Norton saloon the court sustained Wright's objections to nny such testimony. Nor would the court permit h'lm to testify as to-vthe female liabltuca of the place , commonly known as wine room workers , " Mr. Connell wanted to prove thnt a notorious woman named Raymond had frequented the saloon. The position taltcn by the court was that Molse & Co. were not responsible for whatever Jack Norton permitted , as there had been no evidence to show that Molso fc Co. had nanctloned such conduct of a portion of tbelr business by Norton. Hold * Council Down. Mr. Connell could not get In the fact that Richard Wallace had bpen employed In the ealoon. H was the photograph of Wallace which was attached to Chief White's com munication of January r. . Mr. Connell did barely succeed in bringing out the fact that one R. J. Fljnn was employed as bartender lor Norton , but he was not allowed to show that "Flynn was a crook. Judge Scott said that he would allow such testimony only when it was competent to show that riynn and Wallace had been directly employed and controlled by Molse & Co. Policeman Baldwin was not permitted to testify to the character of the Norton saloon because there had been DO c\iJence to chow that Moise & Co had had direct con trol of it. Mr. Connell called the court's nttcntion to the tact that Mr. Molse had himself testified that Norton had rented the place of him from month to month and had run- the saloon the way be had done en tirely .with the knowledge and consent of Molso & Co. E\ery offer made by Mr. Cou ncil to pro e the character of the Norton Ealoon and the violations of the law all met the fate of being ruled out with monotonous onous regularity. Denicn tlie Cnnniilracy. Commissioner Birkhauser was called to disprove all the charges of conspiracy with Thomas Dennlsonwhich Molse had made in hU atQdavlt for the writ of mandamus. Hewas not allowed to ghe any such evi dence. Wright stated that no contest would be made on the basis of the conspiracy , per sonal spite and Dennlson charges , and this the court considered binding on the counsel for Molse. Judge Scott ndmitted there had been no evidence adduced showing that the mayor and other members of the Fire and Police commission bad attempted to coerce persons in the interest of Dennlson or hud been In nny way in collusion with him. The matter had simply simmered down to the legal proposition involved that the board could not refuse a license when all the provisions of tbe law had been con formed to. He reiterated his declaration that It is the duty of the board to refuse u license to one man to run two separate places of busInt'Esfcone wholesale and the other n saloon. The fact that they are l adjoining would make no difference. He promised to set forth these two propositions quite fully in the record. \o 11 ml I'llIh AllrKtl. . Wright offered to stipulate that no evi dence had been presented on his side to ( show bad talth , conspiracy , political consid eration i , personal spite and collusion with i Dennlson on the part of the board and this i went Into the record after a great deal of ; wrestling between counsel and the court , llu would stand simply upon the legal I grounds. The court mada'a ' statement of what he proposed to find , namely , that the j CATAnilll OF STO3IACH. A rif nnt. Simple , bu Safe nud Ef fectual Cure for It. Catarrh of the stomach has long been con sidered the nait thing to incurable. The usuat cyrarnomt sr * a full or bloating sen- satloa after eating , accompanied sometimes 1 with Bjr or watery risings , a formation of I , causing pressure on the heart and and difficult breathing , headaches. fickle appetite , nervousness and a general | played out , languid feeling There Is often a foul taste In the mouth. oosfted tongue , and If the Int-rior of the rlornacli could be seen It would ebow a sllay , Inflamed condition. The cure of this common and obstinate tnxiblo Is found In z. treatment which causes | < h food to be readily , thoroughly digested 1 bnfore K has tlmo to ferment and irritate tbe iMIcata mucous surfaces of the stonuch To secure a prompt and healthy digestion ta the one necessary thing to do , and when I normal digestion ts secured the catarrhal condition 1)1 ) have disappeared. AcovJlci : to l > r Harlanson the safest ! and befit treatment Is to use after rcch meal .1 a. tablet composed of Dlatuse. Aseptic Pep sin. a little Nux. Golden Sral and fruit t aixlda. Tbrco tablt-ts can now be found at ' ill drug stores under tbe name of Stuart's ? Dyspepsia Tablets , and not belnc a patent tt dlclne , can be Uie3 with perjeet p fet > jiiia assurance th&t he-altby appetite .nj j thorough dltetloa will follow their regular UEP after meals Mr. N. J Booher of 2710 Dearborn street Chicago , 111. writes "Crtarrb. Is a leal condition rcBultioE from a ivglectcd cold in tie head , whereby the lining membrane of f th nose become * Inflamed and the poison cms ( Jiachargs therefrom , passing backward 1 dcto the throat , reaches tn Komach. chu producing catarrh ot the stomach Medico. * .uthoritle pTKcrlbpd for me for three year 5 f r catarrh of tomach without cure , but to day I fl.3i the happiest ct men alter uilng o ly one box of Stuart's Dy pr J . Tablets. 1 cannot find appropriate vor < 2 to fipjvfj ray ccod feeling. I ba > e found fl h , appt tit * ud sound rrat from their use. " Stuart's Dysprpria Tablets U tb safes * preparation a * well as the simplest aad OMt convenient remedy for soy form of In- di ( tt n , catarrh of tt macb. blllousnr ! * , tour irx > mach. heartburn and bloating after ' Bead for little book , mailed free , on * ch trouble * , by ad < ! re itag Siuart Co , Mar- ahall , Mich The ttbtou can be found at all 1 ( tcr . l Il""nso hal been Illegally refj e3 , without reference to the Charges made 1)T ) Mols * . H summarily shut off all further testimony , though Mr. Cauntll railed Commissioner Col lins and some other wltnMgrc dimply to complete hlc record and exercise his con- stltuttonul rights ta an attempt to negative tbe charges of tbe MoUe affidavit a.nd lay the foundation for an appeal , as he ex plained. Judge Scott would not permit them to take the stand and Connell excepted. Then , as the city attorney despaired of ever being able to get in any testimony , he rerted. Mr. Connell endeavored to make U clear to th court that his only purpose In calling thew witnesses was to demonstrate that the board had acted altogether in good faith Judge Scott repealed an assurance of his position in this particular , to-wlt : That he had heard no evidence against the good faith of the l onl. Before adjournment at tlii * noon hour he paid lie will hand down his derision in writing during the com ing week. DEFENSE IS NOT READY Policy MIOII Cnsen Arr Cnllcd for Trlnl nnil Ilie llenrliiR tit I'URf noncd. The four cases against the Dennison brothers and Billy Nestlehouse , who are charged by County Attorney Shields with EPttlng up and operating gambling devices , running a policy game and tarlous other offenses of a elmllar nature , were con tinue ! by Judge Barter until Monday , February 20. This was on the application of the counsel for the defense , who filed afudaUts In which It VIM alleged that Wil liams and May , two witnesses whose testi mony is relied on to clear the defendants , had left town and could not "be secured at this time. It was represented that they hnd Just located the two men in Kansas City and it would be necessary to have some tlmo In which to seeure their deposi tions. County Attorney Shields objected vigor ously to any further continuance , but tbe court decided that the defendants were en- j titled to a chance to get tholr witnesses I Into court and eet all four of the cases on i the date mentioned. The county attorney designated the charge of setting up gam bling devices as the one hlch he will take up first. POLICKMEX scour : rTiEin POIVT. ni clinri ; < Ml Ofllcorn Put llncU nnil Sal- nrlt-fl Arc Ordered Pali ! . Judge Keysor has decided the three man damus cases brought by ex-Policemen Will White , Nicholas Dargasawsky and S. L. Morris to compel the Board of Fire and Police Commissioners to reinstate them on the force. He has ordered them to be put back with full pay from the time they were let out. This decision Is based upon a long list of authorities , among them decisions of the Utah , California , New York and other su preme courts , in which It la generally held that the element of pay Is an Incident of the office and not n reword for service , that when the legislature created the office and fixed the salary both must go together. If , therefore , the discharged policemen are entitled to reinstatement they are also en titled to their salaries. The larger part of two days WAS devoted by Judge Keyaor to reading up precedents for his derision. He found aa Iowa , case in which the attorney general of the state had enlisted In the union army In 1SC2 wlUi- oul resigning his office. The governor did not appoint any one to take his place until nine months afterward. Suit was brought by the real attorney general in three years- lima to recover his salary and the court held that he was entitled to the emoluments ot the ofllco for the nine months , as he haA not resigned and had never been removea. It was allowed that the appointment of hts successor at the nd of the nine months wo * a matter of emergency. In the city of Portland , Ore. , a number of discharged policemen sued for salaries aggregating J15.000 and the court decided Egainst them on the ground that they would first have to get an order of reinstatement before they would be entitled to mover. The matter was squarely met In several New York decisions. In one case a police man had been charged with burglary and thrown into jail for some time. He was eventually acquitted. The court found him entitled to his pay all the time he had been In dureas , as his failure to perform his duty was through no Jault of his own. An- 1 other case contained a judicial declaration 1 that'a policeman summarily dropped from I the force is not obligated to make any ten- j der of his services to the chief. l Under the circumstances Judge Keysor would not agree to Attorney Scott's position ! that the three men had virtually defaulted in not bringing their actions within a rea sonable time. He assumed that they had probably waited to see the outcome of the other cases. The opinion was handed down In writing. TIUIIL'TES PAID TO T11U DEPAHTED. IjUivypm Mert to Honor tlip Memory of tbe Lute He in mi 1 , . nny. A liberal representation of the members i of the Douglas County bar met In tbe crlm- i Inal court room to honor the memory of ' their late associate. Hem an L. Day. Judges i ' Slabaugb and Powell presided and tbe com- ' mittee , consisting of H. H. Baldrlge , J. Q Bcrgner , J. II. Macomber , C. J. Smyth i and A. W. Jefferls , submitted the formal , memorial. This was a somewhat lengthy document , which referred In the highest terms to the ability. Integrity and manli ness of Mr. Day. It eulogized most par ticularly his strict adherence to the lofty principles bywhich his life was governed and expressed In appropriate terms tbe es teem In which be was held by bis pro fession. In moving the adoption of the memorial I Mr. Baldrlge spoke at some length from his close association with the deceased. He said that he was probably more familiar with him than any other member of the bar. One of his most notable characteristics was tbe conscientious effort that he expended In his work. During tbe four years that be had bcrn a prosecuting attorney he had drawn hundreds of Informations , covering nearly every \arlety of crime , and he had never made a single mistake that was brought to the attention of the court. This was a mar- vefous record His advice was also so highly valued that he was Invariably consulted be- fore action was taken on any Important mat ter , and thU county owes him a debt of ' gratitude that no tribute can adequately ex- press. In conclusion. Mr. Baldrlge paid a high tribute to the personal qualities of Mr. Day. 'I C. J. Smyth. J U Kaley and other mem- j bers of the bar followed with brief eulogluras and the memorial was adopted by a rising vote. I Injnri-il In n Collision , A Flood , employed as a driver for one of C. B. Haven & Co' coal wagons , was painfully - fully Injured Saturday afternoon In a cot- Hsion between the wagon sod a motor car. , The accident occurred at the co-ner of Fourteenth and Cass streets Flood was driving south on Fourteenth street and waa struck by a westbound Sherman avenue car. He was thrown from tbe Pfat of ithe wagon and foiling heavily tothe pavement , was bi'voroly Injurnd about the head. Ills body also was'badly bruls d. Officer Itrigleman i took Flood to Tiia home , Sixth and Jlar.ha ' 6Ui > e > ts , wiiero a r-b-5 slclan treated the in juries. li \lnilurt .MnttiT no OUT. The settlement of the viaduct claims of < tbe c4ty ageran the L'alon Pacific and Bur- Hogton railroads , which was to have been considered at a conference of city official ! and railroad representatives yesterday eft- e-rncon. wae again postpoced on account of tbe abbcnc of tome of the railroad people from the city. DEMOCRATS SHOW THEIR HAND Pioposs to Sun County Affairs to Suit Themsehw. WOULD NAME COUNTY ATTORNEY'S ' BAILIFF AtnlHor Tntc Clinrgr * ttint Clerk of Dlntrlct Court linn Untied Cer- tlflcnt Contrnrr ta Instruc tion * of 1lic HunriU The expectation of the consideration ot the resolution Introduces last week by Hector - tor allowing County Attorney Shields to employ a special detective lor a period ot thirty days brought a little more than the usual attendance of spectators at the meet ing of the Board of County Commlnloners. When the resolution was called up , Harte , as chairman of the committee on court house and Jail , reported ailverely. The resolution was adopted , however , by a strictly party rote. Chairman Hector stated that the reason tor the resolution was that the law allowed the bailiff In the olflce ot the county attorney to be appointed by the Judges of the district court. Heretofore there has teen no friction , as the county attorney has always 'been of the same political talth as the judges. This bailiff is the confidential man ot the county attorney and when the Judges appointed a republican for the office the county attor ney feeU that he is hardly fairly dealt with. Chairman Hector sajs that he hopes that at the end of thirty days the judges will reconsider their action and allow the county attorney to name his own man. It they do not do so he will not rote to continue the extra man on the payroll , Tntc Call * n HaH. J. H. Tatc , county auditor , eent In a com munication to the board calling attention to what he terms the abuses in the office of the clerk ot the district court. Ho stated that some time ago the board pasted a resolu tion Instructing the clerk of the district court to discontinue the. practice of issuing certificates to jurors and witnesses In that court. This resolution was certified to by the clerk of the district court , but no at tention was ever paid , to It Mr. Tale charges that on January 19 , 1S99 , the clerk ol the district court filed a claim tor $1,02055. )204 of which was for cer tificates Issued contrary to the Instructions of the board. The statutory fees should have been JG. July 16 , 1S9S , pay roll No. 39,088 , properly certified to , was known to contain certificates wrongfully Issued amounting to $549. Al though this information nas in the posses sion of Tate he allo-ned the warrants to issue in the hope that upon presentation the cause of the wrongful Issue would be made ap parent. The fact that his department was aware of the wrongful issue of these certificates leaked out , Mr. Tate states , and the certificates were never presented , or warrants demanded. On January 4 , 1S93 , the board was notified of the cancellation of the certificates. The stubs show that the certificates have been cancelled , but upon demanding them from the clerk of the district court he stated that they were not in his possession. One certificate , the communication stated , for $30 has been is sued. The name of the party In whose favor the certificate was issued has been signed , though he has no knowledge of it , and has ne-ver served as a juror. The certificate was sold to a warrant broker of the city , who receipted the warrant reg ister for the same and obtained the warrant for it. The records of the district court show that the party signed the certificate on the back and certify that the service had been performed. Committee to Invcitlcnte. Mr. Tate further charges that the clerk of the district court rendered a bill to the county for $629.15 as clerk for the insanity board. The service Isfor 116 days at $3 a day , which 5s allowed by the statutes. Mr. Tate , however , eaya that the major portion tion of this time wag never put in , and that salary can be allowed only for time actually served. Immediately after the reading of the1 com munication Ostrom moved that It be referred to , the committee of the whole and that the tlmo for its consideration be eel for Tues day morning at 10 o'clock. The motion was adopted by unanimous ote. The bids for printing were referred to the committee on finance. Connolly's resolution requiring that hereafter all stationery of the county bear the label of tie allied trades union was passed without dissent. The re ports of the various county offices were re ported from the finance committee and placed on file. All of them showed that the fees for the year were more than enough to cover the expenditures. The resolution to place James Ruan on the pay roll for sixty days at J75 per month , in order that he may check up the fee books of the sheriff's office and ascertain whit is due the county , was referred to the finance committee. The resignation of W. R. Adams as con stable was accepted. N. W. Halter was appointed to fill the va cancy. ' The bond of "William J , Frye , overseer of highways for the Elkhorn district was ap proved. hWORK OF VISITING NURSES Aooclutlon Pinili Knelt Hampered by Uennoii of tlie Luck of Funda. During the cold weather which has pre vailed for the last two weeks members of the Visiting Nurses' association have been kept very busy trying to solve tlie problsm of how best to attend the patients de manding care. Two nurses ha e been busy eight and day. One of these , a Red CTOES nurse from New York , hna worked con stantly. She has visited all classes of pa tients , seven suffering from consumption , re quiring the most of her attention. Tbe as sociation bas often found It necessary to purchase coal to keep the sick warm. It bas Also been found necessary to eupple- ment the distribution of provisions by the county connnlMtocers with delicacies whlcti the sick would find palatable. This ban J proven a severe drain upon its slender I finances. The object of the association i rather to furnish care for the tick than to purchase provisions. The women say , j however , that tlaey could m-anage to do both it their membership could be forced to J.OOO. Many who were members last year have failed to renew this year , so the In come bas been leeceaed. It Is hoped , how ever , that they will be heard from soon and Mrs. Kllpatrick , 410 North Twenty- second street , the treasurer of the associa tion , would be glad < o acknowledge the re ceipt ot numerous membership fees. The women say that tbe number of calls made during this moaih will approximate * COO , Demands have been made for under- clothing and the association is io need of donations of this kind , as it Is absolutely necessary that persons who are suffering from Illness shall be kept from the cold. Tliere will be a meeting of the associa tion at the rooms la tbe Arlington block on Dodge street next Thursday afternoon at 4 o'clock. The officers of tbe association hope that -the attendance will be Urge , ai Important business will require attention. \Vnnt .Vlford' . Uoilj Heturned , LAWRENCE , Kan. , Feb. 11. D. S , Alford has telegraphed Senators Baker and Harris at Washington to use their influence to se cure the return 4o thU country of ihe re- maini of hli con , LflettteBint A. C. Alford of the Twentieth Kaasaa , killed In the frst battle at Manila. Bl is&JISm < fN The Equitable Life Assurance Society Of the United States. SI , 1S98. Outstanding Assurance $987,157 , 134.00 Assurance Applied for in 1898. . . 19S.3G2 . , 617.00 Examined and Declined 30.318 , 878.00 New Assurance Issued , 168,043 , , 739.00 Income 50,249 , , 2S6.7S Assets December 31 , 1S9S 258,369 , , 298.54 Assurance Fund (8198,898,259.00) ( ) and all oilier Liabilities ( $2,100,550.27) , ) . 201,058 , 809.27 Surplus 57,310 , 489.27 Paid Policy Holders in 1S9S 24,020 , 523.42 DIRECTORS. m Henry- . Hyde , .IninesV. \ . Alexander , John A. Stewart , Lcvi P. Morton. 3 uis Fitr-petald , T. .U'fforson Ooolldge , llobert T. Lincoln , August Heluiont. Chauncey 31. Depcw. Jacob II. ScliUT , D. O. Mills , Thomas T. Kcltcrt. \Vtlllam \ \Vheelock \ , William A. Tow er , John SIoini > , .lames H. Dtiuhuui , Marcelltis Hartley , John Jacob Aslor , I'rank Tujiuson , Sidney D. llipley , H. M. Alexander , Gage B. TarbPll. AVlllhuu Aluxandcr , John J. McCook , Cornelius X. Bliss. Goorpe J. Gould , Marvin HuKbitt , John K. Svflrles , Henry G. Mnrquand , A. Van Sanivoord , Dnulul Lord , Samuel M. luman. James II. Hyde. Kdward W. Lambert- H. J. Falrehlld , GeorpcV. \ . Oarleton , George H. Squire. Sir TV. C. Van Home. M. i : . Ingnlls , 11 BoiitlLtiot Colt , Thomas D. Joidan , H. M. Alexander. Jr. , David 11. MolTat , Joseph T. I.OW , C. B. Alexander. Tliomari S. You UK , limy ton Ivcs. Alnnson Traslc , CLarles S. Smith , T. De Witt Cuyler , A. Vau. Bergen , J. 1 \ De Xavnrro. OFFICERS. Henry B. Hyde , President. James \V , Alexander , Vice-President. James H. Ivde , Second llcc-Prtfitfttit. Gage "E. Tnrbell , ThirO. Yict-Pruident. Georpo T. Wilson , Fourth Yicc-2' resident. Thomas D. Jordan , Comptrolkr. AVllliatn Alexander , Secretary. Sidney D. Riploy , Treasurer. William H. Mclntyio , . .Uiisfcuii Secretary. James B. Lorinp , licglstrar. Edward \V. Lambert , Edward Curtis , Hedical Directors. H. D. NEELY , Manager , 206 and 208 Bee Building , Omaha , Neb. WM. HENRY BROWN , Cashier. 'fZW > & # & S34 S > & 2i' V Sr''S &iV' .S C/S AlV.v 1 viw ys vvi-ii W'f S ' I $ i $ iJZ ; Ji : i : ? iS 5 ks T > uiiaX ; } , i < 13 ? > , Kdi .iE ici ZS--tklA-j * JJ * ; skli s iSxiMiiP ? < ? : /W < - < rSvVx7r ; "r / v V'/rsSviWK/ W / CT ijw i wK ? ! : TjCS > ? & ? & Jftjrz ? KNOCKS THE RECORD SILLY Oddest February Weather in the History of the City. GROUND HOG EVIDENTLY ONTO HIS JOB Local Forecast Official Wei nil's Mn- clilnerr Set * n Aew SlarU fur Com- 1ns Weather Prophet * to Gaze Upon. Guess old Mr. Ground Hog knew a thins or two when he dropped back for another alxweeks' hibernation. The old man Is ap parently a good deal less ot a slouch than some people think and he can He close In his warm rest nnd give many a ha ha to some of the smart people 'who have been making fun of him so many years. Of all the concoctions In the way of weather that have been handed out this last one won the cake. No one has even admitted that they saw anything like It down in old New England when they were boys on the farm and had to get up at 3 o'clock In the mornIng - Ing to milk. The reminiscence flend Is speechless for once and the oldest inhabitant is acquiring some new Ideas to inflict on coming generations. The conditions that existed Saturday morning all over the west and north and continued all day were so extraordinary as to be almost without prece dent. Ordlaarr winter cold was summer heat as compared with the harbaroua wave of Arctic frigidity that wrapped Itself over prairie and mountain. The govern ment thermometers registered all the way from 21) to 38 degree * below zero in Ne braska , from 32 to 38 below in North Da kota , and from 30 to 36 below in South Dakota and Minnesota. It was 42 degrees below all through Manitoba and Asslnl- l/oine , and In Montana and Wyoming the mercury was lost In the bottom of the tube. The zero line is way down to Oklahoma and Texas , and the entire west Is freezing In a temperature that has scarcely been equaled In the memory of any living belne. The minimum of 26 below at Omaha estab lishes a new February record and thermom eters In the residence districts dropped to 30 and 32 below. Together with tbe remarkably low tem peratures tbe barometrical conditions pre sent an extraordinary meteorological situa tion. The reading of BH2 Inches at SMft Current U the hlghc t barometer that Local Forecaster Welsh has e > er recorded In the west and tbe area of high barometer ex tends clear to tbe gulf With this in Bight , there is no prospect of Immediate relief Tbe forecast Indicates fair and continued cold and even tbe bright sunlight will be unable to make headway aa long as this barometrical monstrosity hovers over the w est. Cold Alone : tli - Hullrondii , There was one consolation to be derived from the weather reports to the Burlington roai jesterday , and that was that Omaha was not the coldest point in this section of tbe country by any means , but coupled with that was the dread possibility of the record- breaking cold weather In tbe northwest coming - ing down to this section and adding to the burdens we already have. On the northern division of the Burling ton the warmest point was at Kearney , with 22 degrees below , while the coldest was at Greeley Center with 35 below. Other point * on that division reported the following , all below zeroErlccon , Durwell and Loup City , 34 ; Bchuyler , Central City and Palmer , 82 ; Columbus , 31 , and Grand Island , 30. On the southern division tbe warmest was at Atchlson with IS below and the coldest at Edgar with SI. At Supurlor , Wllber and Odell U was 30. On the Wjomlng division the warmest was 31 below and it ranged from that to 10 below at Billings. The Union Pacific reported about tbe same degree ot cold along its Nebraska lines ae at Omaha , with more enow and a higher tem perature on the far west dhislons. The Elkhorn reported S3 b Jew at Norfolk and 45 below in tbe Black Hills. Housed ut 1'ollrc Motion. The police housed eighteen applicants Friday night at the Elation. This Is tbe largest number they hare had for a long time. The cold night drove them in and they found tbe warm cells of tbe station bouse a pleasing contrast to tbe freezing ] cold outside. It has been eall that the arrest of a man suspected of having been ' exposed to the smallpox kept many away , but if this was the cue , an exception was noted for Friday night , as there -were no conditions laid down by the seekers for warm berths. They appeared willing to sleep anywhere so long as they were warm. SOUTH OMA A NEWS. Until yesterday the friends and relatives of ruipl W. Kells hod doubts about him having been killed in the Sght at Manila a few days ago. A cablegram from Colonel Stotscnberg of the First Nebraska volunteer infantry received > esterday afternoon dis pelled all hope and It Is now known posi tively that the young man was killed in the first charge. It is proposed to hold me morial services as soon as the remains ar rive hare and Rev. R. L. Wheeler , pastor of the church in which young Kells at tended , will conduct these services. Eter since the reports of the flrst battle with the insurgents , when Kells was reported killed , his friends here have been hoping that the news of his death was untrue , but when the cablegram from Colonel Stotsenberg was received yesterday after noon there was no longer any doubt. Prep arations will be made for the reception and Interment of the body as soon as it ar rives. Kells was a prominent member of the local camp of Sons of Veterans and his death is deeply regretted. As an evidence of the appreciation In which he is held here the following resolutions have been adopted by the camp : Whereas , The members of this camp have leajne-d with profound sorrow of the death ot our beloved friend and brother. lUIjih W. Kells , while in the line of battle In the far- distant Philippine islands ; Ihop-Iore , Resolved , That we take this vccayloa io commemorate the lite and deeds tt our dead brother who enlisted in the serroo of h s cojntry 10 help wipe away thf insjlts to our flag that had be < sa cast upon us by th base trearfiory of Spanish misi tanls While we ; rc filled with grief ai r.bc dea ii cf our bra\e brother , yet we ars proud thai i IQEO * o lojal and true should have heeu num- btred in our rank. While we miss the putrnce of cur genial und kindly disposed brother , yet will hl memory shine upon ts as c halo of light and be a guiding tur to us o\er tbe rough paihwiva of lit" As the father of our dead brotnsr Ku.ileJ for thi preservation of the life of this smit repub lic. BO battled h& for the preservatioi tf naLoaal honor and integri'y.s his father fought for the liberation of millions of hu man beings fnmi a life of slavery , BO he fought to liberator the millions who had been ground d wn 3 > y a system worse than slav ery , by the cruel and merciless Spanish na tion. We leal proud that our order l > as produced such men as Ralph \V. Kells , who was or - of many thoutanda of eons of vet erans who enlisted In the recent wur with Spate , showing- the world that thf.y ere worthy &ODE of > alrous sires and that this nation need have no fears for its safety so long as tbe hot bload of part'.otlsm runs in the veins of millions of its bravest und brat jounp men. Resolved , That as a token of respect to I the memory of our dead brother , the I charter and flags of thU camp be Urnped In | mourning for a period of thirty days frcm this date , and < tnat all of the members ot i the camp wear emblems of mourning for the Eamo period of time upon tbe membership badges. Resolved , That copies of these resolutions be ftmriehed 1o the press for publication ; that one copy be furnished to the mother of Che deceased , Mrs. E. A. Kells , and family , and ithat one copy be Kept with the flies ot ithts HOKUM Cherk "Writer Aliroud. A bogus checkwrltsr was in the city yes terday afternoon and he succeeded in pass ing a check upon a TA-enty-fourtb street saloon keeper for $7 which proved to be a forgery , The check was drawn upon tbe Packers' National bank and W&E rigned "W B. Morton. " Charley Punbam , tlie paying teller at tbe Packers' bank , at once spotted the check as a forgery and withheld pay ment. Morton had no account at this bank and Dunh&m took the cbbcK oter to tbe South Omaha National to compare signa tures. The man who pminted the cbeck for payment waited while Dunham made the comparison and the manner in wMch he took tbe announcement that the paper was a forgery conie ) < < d the Impression that be I { vat aware of tbe fact. Later in tbe after noon the same man was seen trylgg to pats tbe seme' check on lower N street business men , To AppI ) on I'lano i'nriuentii. Will L. Greenleaf will give an entertain ment In the impersonation of authors at the First Methodist Episcopal church on Mon day evening for the benefit of the public schools. The receipts above $50 will go toward paying for pianos In the different school buildings. Some time ago pianos were purchased on the installment plan by pupils In different buildings and it is for the pur pose of relieving the school children of this debt that the entertainment is given under the auspices ot the Board of Education. It la stated * hat Messrs , Greenleaf and Lowe present a very creditable entertainment and those Interested la keeping pianos In the schools are anxious that there should be a good attendance. Corn Doctor FroMtbltten. Jack Leonard , the old-time corn doctor , was taken to police headquarters late yes terday afternoon In a hadfy intoxicated con dition. Besides being drunk Leonard had both ears badly froren and his fingers and toes nipped Thursday afternoon Leonard's shack in the alley near the Delmonlco hotel burned and as ithc man had no place to go , he crawled Into the ruins and slept Friday night. Yesterday he was able to move about , but his hands and feet were so badly frost bitten that he could not do much and his pitiable condition was reported to the police. Leonard Is now being held at the city jail and it Is expected that after he sobers up he will betaken to the county poor farm. Cnltl Weullu-r Mojix Itnvliievn , Yesterday's cold snap put a stop to almost nlf kinds of business. The temperature varied dulrng the early morning hours from 32 to 25 below zero. The latter temperature was registered by the thermometers at the j stock jards. Receipts of stock were light and ery little business was done aside from disposing of the stock which arrived during - ing the early morning hours. The police men sought the lee side of the streets and kept out of the chilling blasts es much as possible. Very few pedestrians were to bo t seen and those who were out hurried along ; as If they bad business of Importance to attend to. The weather was the worst seen here In years. .MnKlr City Gomilp. Watklns & Co. lumber. Tel. 31. Drink Wollsteln & Co.'s " 310" whisky. Drugs. Mtdcher , the old , reliable druggist Rev. n. L. Wheeler is now In New Yock visiting his parents. The Hospital association meels Tuesday to elect officers and amend the by-lawe. W. L. Holland , manager of the local tele phone exchange , is laid up with the grip. George Wjtten of Denver la visiting his brother , W. S. Wlttesof _ the Stock Yards coiupany. Nym Long , who Is seriously 111 with ery- | elpel i , was reported considerably improved lost night. I A buRincfs meeting of tbe Epworth league I will be held at the Methodist church ui Tuesday Gtcnlng. John Tobler and H. Boltbelin are la jail charged with stealing a Jug of whisky fron. a Q treat saloon. j If you wish to buy or sell South Omaha r.rouerty. call on George & Company , new- City Hnll building. The proposed Commercial club meeting Trluay night fell flat and HI adjournment | without date was taken , i There will be no evening service at the , First Presbyterian church today. Services j will be hold as usual tbit morning. | Rev , J. A. Johnson of this chy will oc- | tupy the pulpit , at tbe HanEoam Park Met.li- y odlsi church morning and o\cnog ! today , j Woodman of the World lodge. No 56. will give a caU-v.alk and ball at the hall , 01 er the city Imll budding , on Februar > o An elaborate reception by the auxiliary of Ube Young Men's Christian association has been planned for l"ebruary 21 at the associ ation rooms. j The Woman's Home Missionary society of { the Methodist church fct > nt two Larrcls of supplies to the Mothers' Jewel * ' homo ut York lat > t wet-k. On Tuesday evening , 1'cbruirv 11 , itb women of tbe United PrusbAerian churci will gold a valentine social at the bums of Jlrt. W. B Cheel. . Patrons of tbe Nebraska Telephone com < I > any were congratulating Yauco Lane > * ' terday ca his promotion to general manage ! of the cntiro system. The men's meeting at the YOUD ? Men'a Christian asboclattto will be lu-ld at 3 o'clock Instead ot 4 this afternoon. Becrf > tarj Over- ton will deliver an addn-fca. Tbe Sans Fax-on club U one of tbe Inno vations of tbe bsasoa. It ii a club composed exclusively of JOUJK niarrlod couples and meetings ore bold t-\ery ( two weeks at tbt > SUbontc hall. Cardo and dancing proiidu the entertainment lor tlie uieuiboiB aad B-I un- UBUu.ll- good time it ) had by all who attend. 1C U understood that ths club will cootie j ius eesslccs through the year , substitution picnics and other outdoor enjoym nts dur ing the summer The e who have invited to participate' Io tbe reception to beRlv n by the women at the Young Men's Christian association ca February 21 ore requested to ine t at the home of Mrs. J. E Crothers , Twenty-second and H stre < te , on Monday evening to perfect arrangements. Jimmy Shields wae bound over to the dis trict court by Judge Dabcock jedterdny aft ernoon for assaulting- Pit Kennedy. The pair had an altercation in a Q street sa loon Thursday night over a paiuo of cards ead Shields struck Kennedy tevc.-al blown , inflicting scalp wounds. Judge Babcock fixe < i the bonds at $ uOO and this amount wae fur nished by friends of the prisoner. John T. Keating , national president of the Ancient Order of Hibernians , will speak at Ancient Order of Hibernian hall , Twenty- third and N streets , t 2 30 o'clock this aft- oinoon. A special meeting ot the local lodge of Hibernians has been called for the pur- r-ose of extending a welcome to President Keating and every member IB invited , a * well as members of tbe Omaha lodges. EVIDENCE IN HEINK CASE Defendant Donlen Violating I.lqnor Lntv and Scekn to 1'roi c nn Alibi. Otto Helnk was tried Saturday afternoon In police court oa the charge of selling liquor without a license at Third and Hick ory streets. Helnk conducted a saloon at that point last year for a brewing company. During the month of January the police heard that he was still In business without any Intention of taking out a license for U ! > 9. Officers Keiwiz and Urban testified tlet they were sent by their superiors to find If this was the case. Urban bought two beers and Keiwli purchased half a pint ot whisky on January 16 They swore that this w-aj gotten from Helnk himself between S aad 9 o'clock tbe night of January 16 , The clerlt of the Fire and Police commission testified that no license had been Issued to Helnk or to a brewing company for a saloon at Third and Hickory street * . Helnk testi fied that he was attending a meeting of the brewing association which he represented oa the- night of January 16 , so he could not have been at Third and Hickory streets. Three others , directors of the brewing asso ciation , swore that Heink wcjj at the meet- Ing. Judge Gordon took the case- under ad visement and will render a decision later , A complaint was filed against John Cor and Joseph Clark , charging them -with hav ing burglarized the * aoon of Cbarlee Itas- raussea , at Eighteenth street and St. Mary's avenue on the night of January 3. Thejr were bound over recently for robbing a sa loon on Howard street. In llellcnte MuMrr. DANVILLE , 111. , Feb. 11. Mr , Mary Montgomery has secured a verdiot for $5,000 agalnat Attorney A R. Hill of Danville for stating that he had obtained a dUorce for her when he had not She had marrlea again before discovering she bad been de ceived. Maj , Gen. Sciiuyler Hamilton ENDORSES " 77" ron GRIP SUNNY SIDK , THOMASVILLE , Ga. , January 37 , 18&9. P. HUMPHREYS , M. D. , My Dear Doctor I cannot sufficiently thank you for thu grateful and immediate relief your Specific No. 77 gave to me. I was really very 111 Sunday evening. I bad a fierce Chill and what we used to call "The Rigors" In the Army , followed by a very high feer. The pains , pericarditis and osterltle , aris ing from tbe Cable Car Injury , a * well BI the Grip , are at this moment , Tuesday morning , almost entirely abated , Sincerely your * , SCHUYLEIl HAMILTON , Maj. Oen Voli. , U. S. A " 77" cures drip , Coughi. Influe-nsa and "breaks up" Hard Cold * that "hung on " At druggist * or cent prepaid , &c , DOc and ' 1)11. Ill MI'IIICHVH' BOOK SU.Vr I'KKE. Humphreys' Med Co. , Cor , William & 4 Jr.hn KU. New York.