TUB OMAITA DAILY UEE : TUESDAY , MAT * OH 28 , 1800 ,
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IWMl' ) | ullfi MR * mttrhnl i > Bnnm > nuJ
mil ! Mlt | , Tb MW HMH WM Trr direct
fii fill method * .
"Unit ii rc , " to * Ml * ) , ( hutting
Vr * * "Ttt * l 1i t wim't RO. "
"t * II HI § e MI fw * Xw Ywk , "
h * rttarnwl , MMIr , " * od th n I'll Mr.
) | O * * HI ttiH 111 him h ' Ret tome fool
N ndurtnfii on thl * itMi of the line"
"TlHfO't no UNI In bluffing. " tb nma
rn W. "KlUitr ro > been taken In
rourMlf. or you'r * ujrln * ; to fool u . 9om -
tortt't trying la b * t ibe roml out of a fare
Hint I trtl rott It won't go with m # . "
forlram InnkM the m n up and down.
"Wh t tin you pfopmw to do Hbout it 7" he
rollwt in * lure or ptit you off. "
r0rl r * lo kd fcim qu n > ly In the eyes.
"You'll do nltt r , " h ld. "As It It ,
rmi wilt lo * yeur place. "
"Wtin t toM > my place It won't be for
.ivinc t ( r * rW to New York. If you
WM the prmldent't oon-ln-law and liad
nnthtn' btitiw to bow for It than this here
gowl or-Bothlrtg ticket , you'd have to pay
up or get off. "
forleani mmenftlanlfy drew n bill from
M * f > ock t ( it K his last one ) , and held
It yp to th * conductor. "Here , keep this
for yourself and for the Lord's Mike let me
lone. "
Th # nrnn'e * mly fce lowered angrily. "I
In'l that kind , " he growled , dogccdly and
motioned to a brakemnn. Then ho raised
hid ( lnd to the cord above tils head. "I'll
Hive you two minute * to decide , " lie * ald.
; A brakeraan and a trainman Joined the
i xroup. Cnrtears set his face firmly. "I
j KUPM I e had mnro than 53 worth out of
i hat tl"kpt , " 'ho ' thought to himself The
rontlt.uor looked at him sullenly , watch In
Ian ! .
lif < - bu' ' l f live ! r squarely to far lt
buhlf , I suppfj *
Th * man cave A kind of groan "God
knoti-t 1 with t could My as much. "
TV * exchange of clothing -was qoldtly
md * . "I'm In & rv Bl i > hat. " Oorlears
Ml l. with * laugh , "though It's rather cold
comfort la tats tnow heap. "
"OtKxlby , " eald the man , and he ran
quickly off In the opposite direction , his
Ion ? , black shadow trailing grotesquely after
bftn.
bftn.Tb
Tb # next morolng when Corlears , foot
sore and hungry , walked late the little sta
tion at Blankvllle he found two men there
lounging by the stove. They stood beside
him at the lunch counter , and when he
finally boarded the northbound train they
entered with him and took the ? eat behind
him. Corlears omlled to himself. When the
train reached Charlotte a boy came on with
the morning JX HTS. Corlears bought one.
"William Brand , the defa-iltlng cashier
of the Wlnderton bank , baa ben traced to
Savannah. It is supposed that he has with
him SOTOE $50,000 in bills and gold. A larce
force of detectives Is working on his case
and his speedy capture Is looked for. He
wtw burned In effigy last nltht ; by the people
of Wlwlerlon , many of whom are reduced
to penury through his peculations. "
"I'm glad I kept clear of that SSftO , " Cor-
loars said to himself. Then he fell asleep ,
for he was utterly worn out.
"Takes It cool , don't he ? " said one of the
men behind Corlears. "Wonder If he knows
the game Is up. "
IIKTKCTIVU IJAHS AT THU ' 1MIOM : .
Miorllititul Ilfport * of C < ci-natlon *
TII lit-n OIT In the Central Stntliin.
There Is a young woman In the employ
of the telephone company at Us central
exchange , reports the Kansas City Star , who
Is said to be an eavesdropper. She Is a
stenographer , and her duty Is to elt at a
desk in the central office and take down
In shorthand all that passes over any tele
phone line that Is to be Investigated. She
sits all day with a trumpet at her ear. and
she hears both sides of any conversation
that is held over any wire with which it is
"VOU'VK DONE A rilETTV CLEVER THING. " HE SAID. DRAWING A PISTOL FROM HIS POCKET.
the l > ftfWirtK it one XPW York. H was
titane * . dftd he oelieil It.
"All rlKht , " he ahl.
"It yw ' - got gnl ! enough , you'll work
It , t ite * you'll have to bluff some , but
jiw're a swell-looking chap , and that'll
* ) ! . "
Carloura fsr him 13 and drew three cigars
fr m hk pocket. "They're ll I have about
me. Wttl the ) 're Rpocl ones. "
"I'll learn you one for luck , " tM the
rttl'fAcwl urnti. " & > lour ; ! "
CVrlrurn Mixnl for nn Irntant making bis
ttaiM. Then he walked to the pawnshop
a i rulpoitinl his v lle. lly means of
lM m ttci fMit > 8rii and a few a to UPS he added
tii * me * * ry weight , then be lunched ,
bMKht hltmielf a clean collar and strolled
M lh ftUiltm. When Corlean stepped on
Ute HrlblMMiiHi train that evening two por-
lr * vied for the honor of carrying his
"Pullman Alt way. Mh "
Mild Corlearj , setentlouily.
tl i conductor made hlo first round
< VlenM taudetl him his ticket without
look I ox up I row lite paper. Ths mcn Elaneed
MAHAll/ It , then examined It carefully.
After UMI to Uxtk a lout ; look at Corluars ,
ivlM b * rvm1 him Iti tbe mirror oppolte.
"WJmre dlil you tmy this ticket ? " he
In JhnmnMb , of court * , " Mid Corlwire ,
"TUI afternoon " "
tin UMtk UIR ticket nway with him.
TkOTMK * Uw f < Ue < door Corlnars could tee
hw IN Mr * * * * eollonuy with B brakeman.
At bi * < IMreturned. .
In wtimtMRg crooked about this
C rl * r * tookml t&cr dulou . "What do
y N MMPta l r that ? " ho asked , sharply.
"W ll , Uw ro .l luwn't JMU I that kind
of mmifftlM tlck t since the nrst o ! No-
It M * * good fur xlxty days , you
T % conductor's ton * was almost
"U ok at UK * dale. I feoul < | aay that
MlM Mlil It. " CcflMra iookol l or d.
"H'tll. tklnk tii * dat 's l > * n altered.
7 * ! < | MM t > M > B dumnsl to a oae , tuak-
t K tbe & > U January iMtead of September.
CarVwMn. iflrvtlutMu ] u tt kt. "I
MI H4 MW ( It. " tM saia coldly. "Ho -
H's no affair of B > tn . I bought the
aiwl | > aM ( or U , tb roa4 U r-
U l fM l to III * paper. The conductor
* iH4 UMasllr and finally turnd i 4y.
"TTW * lb k H > . " Corioan Mid to
K "Anrhow , I am to hours nearer
York rhan 1 H In 8at nnali ' Me
t al t < At ) * o'cNtrk th - U4in ran
In lo OidumbU. Mtu > r * now conductor
ntBM on ] ahout an how l < .rl < ars saw
Colored
Copper
Splotches.
Mr II I. Mjer * .
rfft V wark S' J ,
aj " I CM'tra ' twl a terriMn blood
br ikn nut into sore * j
all V T rny N lv I { > nt a lam- <
dretl il Uar * with doott.rj but grew
wi > r fl in.lfAiJ of twtter Many i
tiii i witti
* fi Hi . until I ti eid U lo try a d.Ji. |
i * rviuedjiuwt u > c > t t tha
t < Ute Ui n * Hi 4 cural Juti '
and |
SQ Qfor I
w. sJ , The
H , wcifi.HI . > > . nlr cure ( or
HI - 1 ii : no
* * if-tr - ti
!
"Well" ' he prowled. Theu he pulled the
cord , the train slowed up and Corlears
found tilmself standing beside the snowy
track , watching a receding point In the dis
tance. As the train moved past him. Cor
lears was conscious of a man standing mo
tionless on tbe other side of the track. It
was n dcsolute scene that lay about them.
The pale light of a waning winter moon fell
upon king wastes o * enow-covered fields ,
broken diere and there by lines of black
popular * and defined at the eastern edge by
a loajj stretch of woods , massed darkly be
tween the rows of telegraph poles , like a
long line of music written across the snow.
Just bhead the road entered a mountain
gorge , through which a river flowed
ob curely.
The two men became conscious of each
other apparently at the same moment. .The
man across the track wore a silk hat. 'and
looked like a clergyman. "You've done a
pretty clever thing , " he said , drawing a pistol
tel from his pocket , and taking deliberate
aim at Corlears , "but you don't find me
wholly unprepared. " <
Corlears laughed grimly. "That's where
you have the advantage of me. I admit
that I am altogether unprepared. I 'throw
up my hands. You'll hardly find It worth
while robbing me , however , as I've just been
put off the train for lack of car fare. "
The man'put up his revolver. "Excuse
"my mistake , " he bald politely. . "I lumped
off the train on the other side. I'm not a
highwayman , but I took you for something
worse. Do you know the country ? " Cor-
leara shook hla head. "About midway be
tween Columbia and Chester , I should say. "
The man scanned him narrowly.
"What are you going to do ? " he said.
Corlaar * set his teeth. "Walk to the next
station , if I don't freeze on the way , and
after that get to New York some way. "
"You say that you have no money ? "
"I've Just 12.16. " There was a"pause. .
The man appeared to be considering. At
last he epoke.
"If you'd like to earn J500 , I can put you
In the way of It. "
"I should b delighted. " Corlears drawled ,
IronKsally. "I might earn U shoveling snow.
There's a good deal of It about. "
"I'm perfectly serious , " the man rejoined.
"LleliM. You want to go to New York , I
want to keep away from it. 1 bought a
ticket to New York , but I left the train
wb n it slowed up to put you off. I've
cr changed my mind. "
t'orlearti nodded. "I see , " he said.
"Vttry good. You are about my height
and IrtilNl. Change clothes with me , take
my ticket , walk on to the next station and
board the flret train for New York. If you
meet any anxious frlendi ' and they offer you
preying attention * , don't decline them on
the score of bolng some one else. "
"And tb B ? "
The man emlltd. "You will be taken ex
cellent care of aad you will 'be met at tbe
Crmntl Central station with a carriage. Then
tbey will discover their mistake and they
will apoIogiM , In the mean time you will
hate gotten to New York and you will be
j ' 0 ricb r. "
I He counted out five crisp new { 100 bills.
< "urle rs MW ttom distinctly" the mooa-
! ight
' U it a tMFKAlD ? "
< 'url an Irn4g d on in * il nce for a mo
ment. "Let u s your ticket , please. "
The ma h wil It to him. "It's gocd for j
toiv r , I MW , M I can uw > u ail right. "
Tk * awn'i eye * Rllu d. "Do you
jtcr * * " ) M Mid wuerlf.
I'll UU > th tick * . " Coria r Wld slowly ,
j' * a4 to VM * * * * r It I'll swap clotbes
nh ro * M4 I'll kM wy mwith * feut ua-
nl ct to New York , but you wa ketp
10 * tit tMBdf * * . "
iJoa't | * ( not. " MUd th * OMB : "It will
w won * MT tku UM to mt if u < wka. "
t' r ! m ifceok t * fci. "I tHd U > t t H >
uilra1 coni > an > tut of a fare. I jnu t art- ;
* . - ri 1 rl H ! luually play lair
4 . * c u. , b of a sun-ess of I
desirable that she be "cut In. " This Is done
only at the request of the subscriber whose
telephone is investigated.
While the stenographer or telephone de
tective Is making a report of the investiga
tion on any one telephone line she hears
nothing that Is said on other lines. She
sits at a desk apart , and every word that
she hears Is jotted down In stenographic
characters and then copied by her on the
typewriter. This full report of the conver
sation is then submitted to the manager
of the telephone company and by him to
the subscriber who has asked for it. If the
typewritten report conveys any Information
to the subscriber he acts on It according to
his own ideas and the matter is a secret
between him and the telephone manager.
The telephone is in such a case a private
detective.
The telephone company is often called
upon to produce verbatim reports of con
versations over a subscriber's telephone , eo
the young woman stenographer , who Is an
eavesdropper by employment , Is kept quite
busy. There are subscribers whose tele
phones are unaccountably In almost con
stant use ; there are others whose wires are
used for "purposes not exactly legitimate.
These mc > J apply to the telephone manager
for a report of a day's or a number of suc
cessive days' conversations. The telephone
company uses Its discretion about giving
the Information asked. While Smith , how
ever , may get a report of the conversation
on the telephone for -which he pays , the
company will not tell him ivhat passes over
Jones' telephone.
A young married man with a telephone
In his little home one day had a solemn
and earnest conversation with the telephone
manager. His telephone at home , said the
married man , had been very busy for sev
eral days , and he couldn't account for it ;
neither could his young wife. The recently
wedded man entertained , however , a very
dark suspicion. The young woman with the
receiver and < he pencil and pad went to
work one morning on his case.
The result was most alarming to the
young married man. The typewriter re
port showed that as soon as her husband
loft home In the morning the wlfo called
up a downtown office and began a conversa
tion with one who had been very attentive
to her before she married. That night the
wife was confronted by an angry spouse.
There followed a domestic "settlement" of
ncrco intensity.
.Mnr > - About > nm Mount
Prof. Hiram Corson of Cornell TinlverHlty.
who used to be a reporter for the United
Mates senate , tells this story about Sam
Houston : "We reporters took turn and turn
about each for an hour. One day I was sit
ting Idly In the reporters' gallery , waiting
my turn and looking on. Prebently ray at
tention was drawn by Senator Houston.
Huge of frame , he was particularly huue of
fett. and those extremities were rendered
the more conspicuous In those days of boots
by being encased In laced shoes. On this oc.
caslon there seemed to be an amount of pain
In those feet proportionate to their sire. The
senator kept one upon his knee , rubbing it ,
with an anguished expression , and peri
odically exchanging for the other foot. After
awhile he unlaced his shoes and drew them
off. Then the nursing of hli achlnc toea con
tinued for a tlnw as before But no relief
came , and at last , to my utter amazement
an ! atnupenifnt. he slowly divested himself
cf a long blue woolen blocking , and , taking
the huge jackknlfe with which he was wont
to paw the time whittling , be proceeded de-
liberately to pare his corns In the senate of
tb United States. "
Woiiinit At : Inn I Wuuiiin ,
Detroit News "I shall sell my life
dearly ! " hissed Iloatrice. the woman horse
thief , drawing a pistol ,
Lucille , the woman detective , laughed
mockingly in the fa e of her quarry.
Tbeu I shall not take it. " she replied ,
with a sow. "although I am no bargain
ft * d myself ! "
As for ttw other , she winced under tbe
implied taunt , yet ttood her sround.
Dr Bulls Tough Syrup u a prevmuve
for lJ& of ioK and ulcerated throat.
BURROUGHS AND HIS CABIN
Sympathetic Character Study of "Tha Wood
land Genius" and His Home.
SIMPLICITY OF DRESS AND MANNER
of 1li * Milctl Author. Ill *
Mlornry Woodpile. HI" Orclmrd
niul CJnnlrn llovr Slnli-
AVim llnlll.
When John Burroughs ban to write
about Xnturo thirty years tro the remarKable -
able abllKr he pojsesMO of making the sub
ject Interesting to the general reaJor was
recognized at oafr. He was accorded the
foreinewt place amonp American nature
writers almost from the start , and this he
ws held ever since.
Authors who mode the out-of-door world
their theme have multiplied In recent years ,
but a quarter of a century ago Burroughs
was nearly alone In his chosen domain. His
work had and continues to have all the' 1
charm < rf original observation In new fields j I i
end the fresh , boyish enthusiasm of his
descriptions Is unequaled. He has been a
pioneer blazing a path Into the unknown.
.Many now follow In his footsteps , tut the
.Kjsltlon of patriarch cf the clan Is his by
common consent , and omens his fellow
craftsmen he Is regarded with universal af
fection.
Mr. Burroughs' personal appearance is
strikingly typical of his standing among au
thors of his class. He has something of a
jlonecr's simplicity of dress and manner ,
vnd he has the snowy hair and long white
> card of the patriarch. If you see him about
ils homo you would take him for a farmer
not one of the callous-handed , dilapidated
sort who carry the odor and grime of their
calling about with them , yet one who Is
used to real work , nevertheless. He has a
'ondness for the comfort of old clothes and
easy shoes , and he Is no stranger to manual
abor , though most of his farming consists
n planning and directing.
The -farm Is his chief support , not his
Iterary work. He does not write for a
1-lng , but writes only when he feels moved
o do so and because he loves the wild things
of the woods and fields which "he describes
with such truth and Insight.
In hU earlier life Mr. Burroughs was for
a long time a eohool teacher , and later for
several years heJd a government position
In Washington. But the country always
called to him and at length he bought a
little farm on the west shore of the Hudson
nbout half way ibetween New York and
Albany , and turned his back on city and
town life forever. He tias named his place
"Rlverby. " It Is a strip of seventeen acres
lying onthe long elope that Bleeps steeply
back from the river , and here he raises
great quantities of grapes , currants , peaches
and other small fruits for the city markets.
A Woodland Genluft.
On one of the higher terraces of the farm
stands a substantial stone house hiding In
a grove of evergreens. But this house Is
much too civilized to soil our nature-lover's
shy woodland genius. He no sooner had
his home established therein than he built
a small one-room study down the hill on a
ledge overlooking < the broad river. To give
it the proper flavor or rusticity he covered
the outer walls -with T > ark , which makes Its
occupancy as near living In a hollow tree
as one can coma with any comfort. In this
study Mr. Burroughs kept his books , here
he wrote and here he meditated by an open
flre.
flre.Outside
Outside he dad a woodpile -which he cut
Into llrcplace lengths with his own hands ,
thus , as ho affirms , setting the heat from
the wood iwlc over , once 5n the working
up. and again in the .turning.4 Under th < ;
eaves of the etudy he nailed up boxes as an
invitation to the birds , and In irlnter be
fastened plecw of meat to the near trees for
the birds to pick at In the hungry cold.
The feathered folk accepted his advances
and in return adopted , him as a peaceably
disposed neighbor and friend , and they re
vealed all their secrets to the good , gray
man who had his -home In this little bark-
covered building on the hlllslope.
One would think that now our nature
enthusiast , in surroundings so Idylllcly tran
quil and rural , would have been satisfied ;
and so he "was for a while. But the en
vironment did not stand the test of time.
The highway and the village -were not far
away , two lines of railway threaded the val
ley , and the Hudson with Its commerce was
always before his eyes. These things jarred
on his sensibilities. The place was too pub-
lie , the prospect too cultivated and too
much associated -with trade and traffic , and
he felt more and more a lack of the prim
itive simplicity that Tias his especial delight.
Hlillnc : livelier In the Korcnt.
As the land In the vicinity recedes from
the river it grows wilder , and at a little re
move rises in rocky , tree-clad ridges that
in places are mountain-high. Mr. Burroughs
In his leisure often tramped those wooded
wilds , and the desire grew on him to live
among them. As a result he finally bought
several acres of swamp land In a hollow
high among the bills and entered with en
thusiasm on the task of draining the marsh
clearing out the brush and stumps ant
building himself a cabin.
The spot is a mile and a half from the
Rlverby home and Its only approach Is by
a circuitous and seldom used wood road.
Indeed , It is so sequeitered that when
strangers come to seek out tbe famous
nature writer they sometimes get lost anc
wander for hours about the stony mountains
before they find the HUle glen where stands
his cabin.
Iliill.llnc "Slnl > l.l < > * . "
This cabin Is built on a ledce of rock nl
the borders of the swamp. It Is a falr-elzei
story and a half structure with one room
below stairs and a loft above. Alone one
side is n broad piazza with shaggy cedar
posts. The outer walls are of slabs and this
has led Its owner to call It "Slabsldcs. " a
name not altogether liked by the author's
friends. They find the title too rude , bui
Mr. Burroughs says : "It Is a rough ant
ready place and why shouldn't It have a
rough and ready name ? I can't stand any
thing that has the least taint of eentlmental-
Ism or affectation and I think a coaree-
11 be ml designation like 'Slabsldes * will grow
constantly more significant and pleasing
while one would tire of a name that was
merely pretty. "
The Interior of the cabin Is hardly less
rustic than its outer aspect. There are no
carpets or rugs , the unhewn Joists of tbe
floor above are exposed and have still their
natural covering of bark , and much of the
woodwork In the walls and in the furniture
is of yellow birch saplings. It Is all of Mr.
Burroughs' planning and hie personal labor
has entered more or Jess Into nearly every
thing.
IlurrniiKli * nt Homo.
The feature of all others that he takes
pride In is the great stone chimney. It ia
warranted to draw well in all weathers and
not to smoke , in spite of Its having a fire
place that in amplitude' rivals those of the
olden times. The fireplace wa not made
merely for the company of its blaze and Its
1 social warmth on chilly evenings. It Is a
| domestic fireplace , built to cook by. and a
black tea kettle is almost always suspended
; from the iron crane and other kettles and
1 pots repose about the borders of the hearth ,
Slabaidw U Mr. Burroughs' home all
through the > ar , save in the coldest
month.There lie cat * , sleeps ana
ftritt * and tbe JolltuJe of tbe spot and lie
primitive living agree with him mentally
any physically. He U In the midst of tbe
wet is. The rock * and tbe ridges hem him
2 lu and shut out all sight and all sounds of
the modern xvnrU ofa.ron ; < Y % , s'enmers nd
business hurly-burly The softened roar
of waterfall steate to the ears from tome
distant ratine , the wind whispers in th"
l af * e of the near trees. birds slag * nd
twitter tfcronph tfcr summer day * and t
r.lght the fihlppoorwill calls from th * neigh
boring rocks. In the ftp-ring the cvenlnps
are musical with the voices of frogs and
toads and in the autumn tbe katydids make-
the air resonant with their disputing TOWS
am1 tawks fly over tti * cabin and sn oeca-
tlonal eagle hovers about the mountain top.
: .rtridRes come to the borders of the cl * r-
Int ; and wild ducks frequent tftie crwk In
the hollow a half mile away.
Nature and lia unturned progeny are riot *
about always. Yet the cabin Mirroundlngi
are not wholly uncivilized , for since th
swamp has b * n drained Mr. Burroughs has
made garden of its rich mould and then
he raises famous celery , cabbages , potatoes ,
ewc t corn and other vegetable * .
Whoever comes to sit this latter-day
hermit , whether friend or stranger. Is eu
of a hospitable reception. If mealtime ap-
pronuhes you are Invited to slay to lunch.
The larder Is never empty and Mr. Bur-
rouchs Is an expert in the preparation of a
rustic dinner. Not far away n cold spring
bubbles from the rocks and there , half 1m-
mcncd In the crystal basin , are certain tin
palls containing fresh meats , milk , etc. In
the kitchen cupboard are canned goods , pre
pared foods , honey and other eatables.
Then there Is the garden always at hand
to draw from and In a near nook Is a hen
house and the flock that makes the clearIng -
Ing its home furnishes the cabin tcble with
cgs.
I do not think Mr. Burroughs loves house
keeping for its own sake , but he accepts
< fce work for the pleasure of the accompany
ing freedom. Not much time is spent on
cooking. dish washing , bed making and the
like only Just enough to make the place
presentable end keep it In n state of free
and easy wholceomene s. The day as a
whole Is for farming , writing and medita
tion.
tion.Tho
The first duty after the breakfast things
are out of the way Is to tramp down through
the woods to the village In the valley to get
the mall. At 'tho same time Mr. Burroughs
visits RWerby and gives directions for the
day's work on the farm. If It is at the
time of the grape harvest or if there are
other Important tasks In progress he may
slay all day to help and superintend , but
a j a rule he Boon returns to his 'beloved
Slabsldes.
The rest of the morning he spends In
reading , -writing and thinking , with some
interruptions In the way of the necessary
preparations for dinner. Afternoons he
walks through the woods or walks In his
celery swamp or perhaps makes a second
visit to Hiverby.
He always returns from the lowlands to
his cottage among the rocks with a sense of
relief. He Is glad to get away from all con
nection with what btnacks of hurry and
> uslness. To quote his own words he has
'an unfailing satisfaction in the simpler.
ruder things of life , and as soon as I step
within the -walls of Slabsldes my cares slip
away from me and I feel as If I had escaped
'rom ' something that harassed me. "
Nor can the visitor with healthful in
stincts help sharing this feeling to some
xtent. You come under the spell and think
ou , too , would like to build a Slabsides In
seme quiet forest dell. But , after all. the
Ife would probably not fit another as It
does John Burroughs. He Is one of nature's
children and he finds a happiness in being
alone with nature that Is granted to very
ew. CLIFTON JOHNSON.
SUPREMEGOURT PROCEEDINGS
LINCOLN. March 21. 1S9. Court met
pursuant to adjournment : Sands against
Everett. Van Wagne ! > ? annt ! Cooper. Ro-
mlne against Stephan , Adams against Con
rad , affirmed ; Clark against McDowell , mo
tion for leave to correct record overruled :
Sager against Mead , dlmunltlon allowed :
Luppen against Dunbar. Barry against State
ex rel Hampton , Chase against Wren. Trum-
ble against Trumble. Reeves against Malone
and Vandruff against Carlson , dismissed :
Foley against Doyle , leave to correct bill of
exceptions granted ; Nelson against Farm
land Security company. leave to file counter
affidavits : First National Bank of Chadron
against Tootle and German National Bank
against First National Bank , Hastings , ad
vanced ; Reid against Panska. motion to re
call mandate overruled ; Simpson against
Gaffey , motion for leave to file briefs denied.
Carlson against Jordan , leave to file
amended petition in error ; Oliver against
Lansing , motion to advance overruled : Buck
against Oeldeman , dismissed unless plaintiff
serve and file briefs in thirty days.
March 22 , 1SS9. Passumpsic Savings Bank
against Hehnke , dismissed ; Grant against
Bartholomew , rehearing denied : "Wehmer
against Fokenga , Clark acact ! Nebraska
National Bank. Nagle against First National
Bank , Omaha ; Crawford against Smith. Mis
souri K. & T. Trust Company against Rich
ardson , AVoodard against Equitable Trust
company , Jones against Burtis. Bar tram
against Hunger , State against Bartley ,
Buerstetta against Tecumseh National Bank.
Iowa Loan and Trust Company against
Smith , Iowa Loan and Trust Company
against Steven. Splrk against Chicago , Bur
lington & Quincy Railroad Company and
Union Central Life Insurance Company
against Baker ( on motion to affirm ) , rehear-
Ings denied ; Nagle against First National
Bank. Omaha , motion to modify judgment
overruled.
Court adjourned till Wednesday , April 5 ,
when the following cases will be called :
Home Fire Insurance Company against
Kuhlman , Michigan iMutual Life Insurance
Company against Hlchter , LaBonty against
Lundgren , Fiske against Osgcod. Farmers'
and Merchants' Insurance Company against
Jensen. Blaco against State , Woodward
against State ex rel Tomssen. First National
Bank , Omaha , against Goodman. Nelson
against Farmland Security Company. Nelson
against Ailing , Davis aealnst State.
Supreme Courl
TO. Tomblln against IHgginB. Reversed.
Error from Furnas countj. Ryan , C.
1. Payments on a promUsory note which
Includes usurious Interest Fhould be cred
ited upon the principal of said note whetlnr
Huch payment be in the form of cash or ol
an IndiH > nd ? nt dote.
2. Where the note sued on Is on ? which
was > rtven to obtain a I'redlt actually In
dorsed upon a note whic-h Inc'.uded usuri
ous Interest , this credit should IK ; demej
to be uixm the principal , rather than In
extlnguisbmi nt of the usurious tnteroit on
the not whereon mid payment was In
dorsed. and accordingly it is held thnt the
uiury referred to does not render Invalid
the note sued utxm.
10330. Holmes against State. Ile\vrs- l
Error from Douglas county. Harrison ,
C. J. i
1 A general verdict of guilty of the crime
of larceny from the person , from which l
omitted a statement of the value of the
property alleged to have l n stolen , Is
faullr defective.
3. A. verdict which larks a finding of an
e-tsemlal c-lement of the crime charieti
wl'l not support n sentence , and a judg
ment based th ron Is void
3. The question of the effectiveness of
such n verdict will bo examined and deter
mined In an error proceeding to this court ,
although not of the assignments of th *
mot.on Tor a new trial
1 < C27. Atkinson afaln > > t State. Reversed
Error from Dawkon county. Ragan. C
1. In a. felony case It is reverwible error
for a court to charge the Jury that It may
find the defendant cullty If It entertain a
reasonable doubt of th-- truth of e ch or
all of the material allegations of the in
dictment.
: . The Uw U that If the jury entertain a
reasonable doubt as Ito the truth of any
material allegation of the indlc'ment the
rlADner i * entltl'd to an acqultta * .
1. When a citizen assaults on of a mob
In the wrongful po. yefelon of and taklnir
away his j ro > * rts for the purpose * of In
juring or dwrtroylntr It whether under all
the clrcumManres he was justified In mak
ing the acault t a question for like jurj
4 An afcemblape of men on Hallowe'en
night October * 1 engafad in moving. In-
jurintr and dt troyin ? property Ic a mob
engased in vtaLUinir Ibe Uw and tii ? citi
zen may ut-e such faro * a * l actuvlly n F-
* ary to protect hi * person and property
from injury at Jt hiniK
N < * > AS Jlubbard as * > ffftz AtHrrn d
Error frwn T an. a t . j U.iti '
1. la a cult lit fc-rour.-.a s.d ana dc'iv-
frrli \ fh il. fen'lit tV 71 i , I f ! < ' ! ) I
thi' h" f rt Ishnl I P < ' < ' 11 Hn' Wiih Kt > -
c > rt " tu 11' ijnnnit of J''iVS a-i 1 th.it in
l-.itt , r ih- ! tnc hd.t bfrn | ndl ItHd thf
evlden.-e 'u laln' n verdict for the r-Uln'.Iff.
Nn 14. Miller nlnst N'lrcMetnu' Af-
nrmMl. Appeal rrom 5aunder county.
Haitan. C.
1. In a * ult lo for'cloe an ordinary real
e t te mortrace an e emial averwi ns of
the pulon : | j that no t r < x-e llnr at l im-
have been had or commenced for ih c lle"-
ti n of th mortgage debt or any part
thereof.
a. In uoh suit wh > n smh avermetrt Is put
I at Iwoie the avernr-nt m t be prnv d or the
decree will lack evidence to support It.
J. Wh n Ittlcant file * nn amendeil plf l-
ln r. the averment. * ofhlch are lnpon ltmt
with the averments of ht orljrlnul pleailtnir ,
the original Is evidence In the c e as an .id-
tntMlnn of the litigant mntrary to his claim
In the amend M nleadltic
4. Such original pleading I * not ennclu-lv *
eMdence. but competent at d tn be riven
Miche4vht t the trier of fact deem * it en-
tltlnl.
i. A lml * lon mad * by a lltlcnnt In hi *
pleading In suit are competent evidence
aralnst those who stib uently come Into
the suit as hi * ? ucce * ors In Interest to the
matter In litigation.
l' ' ln Miller a ainflt Stevenson. AnirmeJ ,
Appeal from l > ounl county. HarH on ,
CJ. .
1. Kvidence examined and held to tni uln
UIP tlndlnrs.
5. The i > Iea < Hnss anil Ismies Joined he'd
to l > e IticonriMont with and not to i recnt
the aue tkiti of the rtsht to subrociuion.
( S ) ? . Vanhou. on against Itroehl. Reversed.
Error from York county. Kacnn , C.
1. Where the ilefensM ? lo un action I
Hccord and Mtlsfsctloti the plen to be ROOI !
must aver an arrpptanre by the creditor
In smite faction of hl debt of the properly
which the debtor nHego he delivered to
him In full tKtyment of the claJm suotl for.
2 Answer exumlned nml held not testate
state a defense.
SS12. Lockwood acalnst Cook. Affirmed ,
Appenl from Ivincnstcr county. Harrison ,
C. J.
The question * In thl case do not differ
from the > adjudicated In the decision In
the case of the sametill - flnd In which
nn opinion ! ; tiled of thl date , and In nc-
corxlance with the views expressed the order
of the district court mint be Atrirtned.
SW. Klrby nenltmt Shrader. Reversed.
Appenl from Saumler ? county. Norvul , J ,
1. Where the answer to u petition to fore
close a real estate mortgage Is a eenerwl
denial , tlicre- can be no de rcsof forocZo-
sure. In the absence of proof that no ncllon
at law has been brought for the recovery
of the debt.
2. The Jn'ro-Iuctlon a. evidence of the
nolo and inortcrnge alone Is Insuillclcnt to
sustain the nllt-Katlon of the petition that
no Action has been brought nt law.
No. SOS. Chicago Lumber Company against
Hunter. Reversed. Error from Nuckolls
county. Sullivan , J.
1. One who barjr.iln for tse future delivery
of a quantity of corn to be taken from the
stalk In a designated ! led ! N charged with
notice of a then existing and duly recorded
chatt-1 mortgage. In which such corn is de
scribed as a growing crop.
2. When such corn i husked and delivered
In execution of the contract the purcniser
Is presumed to know that It Is part of the
crop covered by the mortgage.
3. A description In a chattel mortKiKe ,
"Jlftv acres of corn planted on the south
east quarter cf section 17-1-S. being the rorth
thirty of the south eighty acres and the
south twenty of the north eighty ncr-B. " in--
companled by the further statement that the
mortgaged property is In the po = sei on of
the mortcacor In N. county and thnt any
attempt on his part to remove the propmy
from Bald county would be n sutllcl > nt rea
son for an Immediate foreclosure , is suffi
ciently deilnlto to Impart constructive
notice.
No. Sii3. Houghton against Todd. Re-
vrsed. Error from Lancaster county. Ir
vine. C.
1. The rule whereby an scent's knowledce
Is Imputed to his principal is subject to an
exception In the case of an agent who Is en-
Kaeed In .tn Indep-ndent fraudulent scheme
without the scope of the agency.
2. Contract set out In the opinion con
strued as one. of sale and not of suretyship.
3. Evidence held to present a cafe for the
Jury on the theory of an agent's Implied or
apparent authority.
No SWS. Ottens against Kruc Brewing
Company. Atllrmed. Error from Lancaster
county. "Sullivan , J.
1. Where , In an action on an account , pay
ment ia i > 'eadjd. It Is proper to Instruct the
urv that thev may consider evidence In re-
: ard to prior related transactions between
the parties to aid them in determining
whether the plen Is sustained.
2. A receipt for rent for a particular
month is presumptive evidence that the rent
which previously accrued has b en paid.
3. It is not error to refuse n proffered In
struction -which assumes the existence oi a
fact not proven.
4. A bank check in the usual form l not.
even when jvald and returned to the drawer ,
an acknowtedmnent that the monev therein
mentioned has been received for and applied
to a particular purpose.
SfiS" . Uourgeol * a aln-it Gap < ? n. Affirmed.
Error from Douglas county. Irvine. C.
1 It I * not prejudicial rror to deny a
plaintiff permission to tile a supplemental
petition If. In the subsequent course of the
proceedings , he ohtaln the benefit of all
matters therein r > If > nd"d.
2. The rule whereby one seeking to re
cover property obtained from him by
fraud will not bo required to reimburse
th * Riif'tin | - : ( f \ * ( M-- T
i ITIt .r ! o i ff. w | . , \ . j
fo .is M riir\f ! > h - JMIU < k iijr
cover , from rl. ) rharrlnr such burl- i
would rightfully have ( Tvntvtd np < t
If the tranxftcUon had been parried >
rood faith.
8 , A tiMMl * to R a deed absolute t- ' >
with the * re itnpnt ( hut it h < - > ul < t
an security for advances which O ha-i
to protect th property lurfllnlt HI-- i
for future advance * It n-
tlmt B mlftht M1 or esolw-i.
ami handle It an he n * i
dor to recover his money , n e\ch u t
for other property There wa et t
snipported br nndin * in n Inter ;
decree , thai V had ml r resent , i
nmouM of mom-v h hnd ndvnneed i ' '
secured a second < le M by reprc entnv !
he had effect A iin pxchnnee for i > * -
which he could i1l pm e of , and that < i -
nuently he * pnld tA a wma'l sum
It wna the * urpl' ' > "roree.ln . after -i-
In * the d .bi. A on lesrnlnir what tx '
h * < l bn wade and thnt R sUI h M
to th lot for which he had traded , l '
a * lt to declare a trim therein. II
that the suit * ! > In effort a Wll to r. . '
and that A would bo rewired * , n
tlon of tvoohvejnmo to pny tn I *
amount' * by B advanml , not < inl > : >
charge Uen on the flrxt propertv. b'i ' >
all * um < n din < l faith ejcp tnVeil In r
tn cartne for It. tind in efforta t f > )
rent ; (2) ( th t * < II had authority
duceil bv fmud , to eschanu . A mi.- '
be pharced w-Jth comnili i'on ' nhd * > >
Incurred In mnklntr the exrharwte :
hn murt al-'o be. rharyed with las '
on the j > roi > erty for whlh the ex
wns made.
4 Op n b'TI to redeem from n nr *
oil vacnn < In ml which hns no rental v '
the mortK per cnnnot. In the aoeou-
rwolve credit for cltlier iise nnd 01
tlon. or for Inter-at In lieu thereof.
B. In such a ease the n > ortnitor \ \ r ' '
be cnxllttnl on the accounting for a '
elation In value of thft roortRmpM p1" " , '
durlnc n , irlod i when the tnortjraR" w >
rerl tlne redemption aint clalmlnR alt- >
owner hl\
5.7TO. . r-unimliw nfjalnst Tlbbets. Anv -
Error from I-amvaster county. Norvii J
1 The statute of llmltntlon Uerln ( " i
araln- a contract of Rtiaronty th' -
moment fln action accrui * * thro'i.
2. An action on th - oonfact set i > *
th * opinion piiarantecltur the | iayin > ' '
n ccrtiln promK ! > n" note wa Uarr < " t
five year * fmm the maturity of such r
S313. Oadsden a alnt Thrush. Hc\.r- '
Appe.il from Dodee county. Ilynn. < ' .
1. The pxemptlon of national bank-- *
the peiKUtlr of usury precribe < l 1i\ i
Htatuto of th * flat- , owes Its exlsten - ' - >
1ftws enacted by concre ! " * . and s ih * x
emptlon shou'd not by impllontlon be ex
tended beyond. Uie Import of the ft l rii
statute.
2. In n action to forocln e a mortpi
p e rlnr : a not > mnil to be used as
j lateral to a note owlnc to n isitlonnl la
the tnero fact that the proceeds of fi " "
collateral , when collected by the rmjf
thereof , are to bo ustxl to discharge t "
wild principal note to the bank , dot * nc
Justify the extension of the federal < < \
em : > tlon9 of national banki from penil'w
for usury , to such foreclosure pn.cc d-
ST73. Omnha ncnlnst Harmon. Alllrm < 1
Error from IJoupltts county. Hyan. C
1. When the law lmpo > 4ner a tax proM-'f '
a .ineelal remwlv for enforcing1 It. tl o
method so provided I. " Kenera'ly eHist <
and if the only method a < loptoil b ? IHepa
the courtrt cannot BUb tltnte a dlff r > 'rr
and legal me-tho. ! . Follow-In ? r.cnn.iu
American Fire Ins. Co. against Mlndrt
l-i Neb STO.
2. A city ordinance Imposed nn oc. > ir >
Uon tax and provided onlv nn tl'-c-
method for Its cjiforcement. Held , thnt t > c
whole ordinance wn th'Teby renden-d i'
operative. Kollowlnp German Amorir aa
Fire In Co. if nln-t Mlnden. 01 Nel > > " "
> To lOCM State ex rel tlerman S.ist"K3
Hank nealnst Fawcett. JIandamus ! -
vine. C.
1 Mandamusi wl'J not If" to contr.il f o
discretion of o , Juilpe. as by requlrinc 1 > tn
to allow n suppreedeas In a ca o w n < " - < >
surh nllowanco rests In his discretion
J. Mandamus will , howox-er , He to mm- . " '
a Judge to fix the amount of a uper r/ ' . >
bond where the statute gives an nbs.-o : e
rl ht to n piipersedeas.
3 A bonking corporation , ft d'aeniinr >
an action having for Its object th.ir
IKmndlns' of Its assets , their con r > .
Into monev and their application tn r' t
payment of iU creUltors. may be hri ! >
reiis-t nn application for nn order on a re
ceiver to will It * real estate.
4 Such nn order is appealable.
5. The bank it not estop : > ed from r = -
inE such order or appea.'ine therefr-im by
having consented to the appointment of v
recelxtr In the tlrst Instance , wh n tf >
order consented to did not llx the terms - > r
conditions or time of Uie sal . Thc e
roatjers on which U > e bank has a r' ' rht ' i
bo heard.
K An order directing the receiver to * fii
the real estate of the bank Is an rd < r
directing the ! = ale of real fstate and
suprse labU n % of right under the t'il"l
subdivision of section CT7 , Code of t MI
Procedure.
J. Sheer. Sedalla , Mo. , conductor on elec
tric street car line , writes that his little
' daughter T\as very low with croup , and her
life saved after all physicians had failed ,
only by using One Minute Cough Cure.
The Kind You Have Always Bought , and -which Las been
in use for over 30 years , has berne the signature of
r and lias been made under his per
sonal supervision since its Infancy.
Allow no ono to deceive you in this.
All Counterfeits , Imitations and Substitutes are but Ex
periments that trifle ivith and endanger the health of
Infants and Children Experience against Experiment.
What is CAS'
Castoria is a substitute for Castor Oil , Paregoric , Drops
and Soothing Syrups. It is Harmless and Pleasant. It
contains neither Opium , Morphine nor other Narcotic
substance. Its ago is its guarantee. It destroys Worms
and allays Fcvcrlslmess. It cures Diarrhoea and Wind
Colic. It relieves Teething Troubles , cures Constipation
and Flatulency. It assimilates the Food , regulates the
Stomach and Bowels , giving healthy and natural sleep.
The Children's Panacea The Mother's Friend.
GENUINE CASTORIA ALWAYS
Bears the Signature of
The Kind You Have Always Bought
In Use For Over 3O Years.
THCCCNTAUHCOUMNT. TT MU ( THCCT , NCWVOHK CITY.
"SAY AYE 'NO' AND YE'LL NE'ER
MARRIED , DON'T REFUSE ALL OUR
ADVICE TO USE
SAP
Mormon . Bitnops . * Pills - . w . . - , -
CSvr h J t. I r- > . . jc i c T ! " . " ' <
.njr tv t < r < i I f e U
tt t-XUM * . " . * f. c-cj , tt .fucr.e ua cj. ourai t-ost Manhood , ImP -
P ° tfnc ' t0.1 S0ier > MIBht-Loses , ODotmntorrnooa Insomnlai Pains
In Uack. Eill Desires , Sumlnal Cmlsklons. Lame aac < , Nervous T > -
blllty , HeadacheUnlltne to Marry , -osj of F-T ! Bom n , VarTcocelc ,
or concilpailooi btops QulcknoM or Dlari I pharee. Crops Her
.
. .
. .
ous Twltcnlnp 0 ( Eyolldi. J-Ucj. nei. .T. > Jkj ! < V 'J t > e" i u
. . . . . . , - a
< / f . t ft ir. i - i n ,
crftu Stii-Jatct I - i' a ft - t Mi-
Adbress , Bishop Homed/ . , Qan Francisco , CaU
I'ur iuie br jnUHlJU < LO > IJItl u CO. . Oil VII \ , AUII.