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.
