THE OMAHA DAILY 3U3E : SATt'nDAY , APTULi 'JO , 1800.
CLIFF COLE CASE STILL ON
"County Attorney Raised Hell in the
Jncksonian Olub Rooms , "
TESTIMONY OF POLICE CAPTAIN DONAHUE
llciiciitft Convc-rnntIon In AVIili-li Vnn
ImrcKctt Iti-fcru tn .luiluo Slilcliln IIH
"n fine Sucker" Slilrliln l-'lrcn 11
Shot nt I'ollcc Dopartiacat.
At the continuation of the examination
of Cliff Cole and others tn police court for
maintaining Rambling devices , County At
torney Shields acknowledged that he hail no
cage against Reuben Harvey , but Insisted
on having the other defendants held for
trial In the district court. This was urged
when the defense made a motion to dismiss
nt the conclusion of the Introduction of the
Mate's evidence. Judge Gordon overruled
the motion to dismiss and the defense will
commence work this nftcrncon at 2 o'clock.
Captain J. J. Donahue was on the witness
Bland when the trial was resumed yesterday
afternoon. Judge Shields questioned him
concerning his knowledge of the occupation
of the defendants during the last thrro years.
In reply tn a question regarding Colo's oc
cupation , the witness said :
"Ho has been In the naloon business since
I bavo known him. Ho was a partner of
Voley for awhile. "
"When with Koley was ho not also In the
gambling business ? " queried the county at
torney.
This question was ruled nut by the court ,
BO Judge Shields put It In this form :
"Do you know that Mr. Cole hag kept
gambling devices any tlmo within the last
three years ? "
This was objected to by Attorney Kcl-
konncy , representing the defense , on the
ground that nine months ago or thereabouts
Mr. Cole had been arrested , had pleaded
guilty and had paid n fine. This ho held
should be a bar to going back of that tlmo
and for a tlmo the court sustained his ob
jection , but Judge Shields was persistent
In claiming the right to prove the tlmo any
where within the limit , so his honor finally
consented to an answer. Captain Donahuo
Bald :
"Yes. sir. "
"When and where ? "
"A year ago I helped take fixtures nway
from rooms over Lenta & Williams' place
on Farnam street. Wo found a faro layout ,
etud poker tables and n roulctto wheel , I
think. "
"Whowas with you ? "
"Captain Cox , chief of detectives ; Detect
ives Dempsey and Savage and Sergeant Her. "
"Do you know of Cole opening a house
later ? "
. "Not personally. "
Donahue KntcrN Into Detail * .
Then 'Captain Donahuo detailed the ar
rest In this case. Ho Ettld ho found Cole
in the front part of the saloon and was ac
companied upstairs 'by him. The upper
rooms were lighted by u single gas jet and
contained two tables , two sideboards and a
few chairs. Ho did not see any chips and
cald they found no cards. There was no
one In the , room. Ho related the conversa
tion ho had" with Van Inwegcn , In which
the latter referred tn Judge Shields as "a
flno Biickor" when told that the county attorney -
torney had-filed the Information.
"Did you ask him who gave the tip and
-why no one was up there ? " Interrogated
Judge 'Shields.
"He said a friend called him out and told
him that the county attorney had raised
1 1 In the Jacksonlan rooms. "
. Attorney Kelkenney
, y On crq88-examlnatlpn.
nsked Captain 'Donahue :
"Did you know personally that Cole kept
"
.the place which you raided a year ago ?
. "I did not know that Cole was In charge.
Ills name was In the warrant , but there
were others present. "
Mr. Kelkennoy moved to dismiss the com-
. -
iinint waua n u onnj - .
Judge Shields objected to argument on
the part of the defense. Ho hold that the
defendant must submit his case without
evidence if it were left with the Judge to
decide at this Ume. Ho urged that the defense -
, fonse cannot rob the stale of the right to
make two speeches.
Judge Gordon held differently , nnd Mr.
Kelkennoy opened his argument on the mo
tion to' dismiss. Ho said the state must bo
satisfied that a crime has teen committed
before a man may bo found guilty or even
charged with It. This the state had foiled
to do thus far and it had rested. Ho held
that the stnto must show further that the
defendants had possession of the premises
ns the lessees or the owners of the build
ing , that they furnished the devices for n
" furnished , that
pamo or that any "wore
tablea are not gambling devices , neither are
chips. Besides , the state must provo these
were set up and used for gain. Ho held that
the state had proven none of these things.
JIo argued that Judge Shields assumed n
Btato of facts to bo true , but ho didn't know
n thing. Ho had como before the court once
nnd demurred against ft continuance and
stated an a reason for his action that the
defendants were gambling all the time and
howould not consent to It unless they
promised to bo good until after their trial.
IHo had simply gone fishing , Mr. Kolkonnoy
eald , without so much as getting oven a
little bite.
In Soim-wlial
Judge Shields said If these men were not
convicted ho did not bollovo H possible to
fclnd over anyone. Ho reviewed the evidence
very briefly on account of Its paucity and
then took a fling at the police department.
Ho said ho could got no assistance from
them nnd na n result wns compelled to put
such men as Dunn and Welch on the stand.
Ho believed ho had the right to innlco them
testify nnd If Judge Gordon would bind
the defendants over he was satisfied ho
could sccuro on order In the district court
compelling witnesses to tell what they know.
Ho referred Co the well-kept condition of
the defendants nnd said they did net look
ns If they ware sitting up nt 3 o'clock In
the morning because they had to. He did
not think the flvo men who entered the
rooms at 3 o'clock went there to Bit around
and talk. Then ho added n consolation prize
for Dunn by saying , "Ono of them played
as big o fool trick as I over know a man
to do. " He closed by Insisting that the court
should hold at least two of the defendants.
Mr. Kelkenney spoke briefly , referring
sarcastically to the remark made by Judge
Shields that the pollco had forsaken him nn.1
he was compelled to come down nnd fight
lite own case , Mr. Kelkenney thought it
childish on the part of the county attorney
to go before the court under these clrcum-
ctanccs nnd plead for his honor's assistance
In Bending the men to trial in a higher
court without even a scintilla of evidence
to Justify i' .
Judge Gordon ? nld he would hear what the
defense hnd to offer and the caae wan con
tinued until this afternoon at 2 o'clock.
CONTRACT LABOR COMES IN
Alone C'uii ( "liniiK" the
of AITnlrx In the llu-
Inland * .
SAN KUANC1SCO , April 28. Advices from
Honolulu dated April 20 arc as follows : By
the Nippon Maru President Dole received a
note from the United States Treasury de
partment stating that the annexation resolu
tion did not and does not affect the labor
system of this country , and that the same
remains In force and effect until such time
as congress may enact laws changing it.
The Immediate situation Is that the old
system of permits continues ; contract labor
continues without Interruption. Present ap
plications for Japanese for the new planta
tions will , almost without the least doubt , be
approved by the government nnd forwarded
by the next steamer. An authority says
that not less than 10,000 new laborers will bo
required In the next twelve months , and nut
less than 25,000 In the next two years If now
plantations continue to spring up. It Is
understood that the policy of the planters
with respect to the future will bo about ns
follows : A gradual reduction of the use of
contract Asiatic labor nnd a corresponding
Introduction of free American help into the
cano fields.
nnHnirtnroh fhn cnpnr fiont to mnrkcta
from ports other than Honolulu amounted to
26,605,400 pounds , valued nt $1.002,482.
The first American bank of Hawaii will
bo organized with a capital of 11,000,000 with
the privilege of Increasing It to $5,000,000.
Only $500,000 will be called for at the present
time. The Seligmans of Now York and the
Anglo-California bank of San Francisco are
Interested In the project.
The National Guard of Hawaii Is now an
entirely American organization. Its arms
and equipment were formally turned over
to Lieutenant Kern of the volunteer en
gineers , representing the War department ,
three or four days ago , and these were
then reissued to It ns a part of the National
Guard of the nation. Honolulu port Is to
bo garrisoned by four batteries of the Sixth
artillery on their way here. Private W.
A. Wray of Charlotte , N. C. , died of
dysentery.
The board of survey appointed by the War
department to survey the harbor of Honolulu
nnd establish harbor lines has completed Us
work nnd Major Langfltt wlfl take the report
with him to Washington. The lines they
adopted are very similar to those previously
established.
GERMANS FILE A PROTEST
l > r I > eNC to IMiblinh. IJrcyfua IJoco-
uieiitN of Their Own Court In
Favor of llcvlnlon.
LONDON , April 28. Ernest Vizetelly , who
has hitherto shown that ho is well Informed
on the subject treated , has nn article In
the Westminster Gazette today in which ho
says tbo German government has addressed
an oxpostulatory note to the French govern
ment regarding the Dreyfus case. This uoto
was recently presented to M. Delcasso , the
French minister of foreign affairs by Count
Von Munster , the German ambassador to
France , and deals with the proceedings be
fore the court of cassation as published In
the Figaro , and which the'note says sur
prised and pained the German government.
The note , according to Vlzotelly , intimated
that in certain eventualities it would bo
impossible for the German government to
refrain from officially publishing the facts
in Justice to its own officers -wo have re
peatedly solicited permission to speak. The
note urged in forcible terms the desirability ,
in the interests of both countries , of a
speedy conclusl&n of the present agitation.
The presentation of this note led M.
Dupuy , the French prime minister , to bring
n pressure to bear upon the court of cassa
tion which , however , by a majority of three ,
decided to continue the proceedings in its
own way nnd hold a supplemental inquiry
which is now virtually ended.
Mr. Vizetelly learns that eighteen of tbo
Judges of the court of cassation are In favor
of and fifteen opposed to revision of the
Dreyfus case. It is probable , Mr. Vizetelly
adds , that on a full vote of the judges of
the united court of cassation the revision
ists will have a majority of eight.
DECLINES OFFER OK A'OMJNTEEIIS.
Naval Force lit Samoa Coimlilerol
Aiuiile for ISnierKeney.
LONDON , April 28. In the House of Com
mons today the government was questioned
on the subject of the proposed Pacific cable ,
mentioned nt the semi-annual meeting on
April 20 of the Eastern Telegraph com
pany. The secretary for the colonies , Mr.
Joseph Chamberlain , said that the govern
ment had made proposals to the govern
ments of Canada and Australia on the sub
ject , but that no final agreement had been
made. Statcmcntt which appeared In the
press , Mr. Chamberlain said , did not ac
curately represent the propcuols made.
With reference to New Zealand's offer
to send volunteers to Samoa , the parlia
mentary secretary for the foreign office ,
lit. Hon. William St. John Broderick , said
that the offer had been declined , as the
government considered the naval force now
at Samoa sulllclont to cope with the exi
gencies of the situation. The government ,
however , Mr. Broderick said , expressed Itb
high appreciation of New Zealand's offer.
( ieriniiiiN Hetti-r SntlHlleil.
BERLIN , April 28. The newspapers here ,
commenting today on the latest news from
Samoa , express satisfaction nt the attitude
of Admiral Kautz , U. S. N. , Interpreting it
as : i sign that the United States government
will henceforth Bldo with Germany in the
Samonn trouble. The Bocrsen Courier says
that the American admiral's position may
Indicate how differently the Americans and
the English In Samoa interpret instructions
received simultaneously.
tterniniiN Do 11 Turn nt
BERLIN , April 28 , A dispatch from Kiel
tn the VoBslscho Zeltung says that naval
olllccrs there are smiling at the statements
made by Captain Joseph B. Coghlan In the
course of his speech at the Union League
club banquet In New York last week. These
o Ulcers claim that Admiral von Diedrlchs'
answer to Admiral Dewey's threat wns
simply : "Clear ( or action nnd quietly steam
through the American lines Into the harbor. "
I'riu-tlfiil U c' of AVIrelrnH VelPicrnnliy.
LONDON , April 28. Wireless telegraphy
was first put to practical use today. The
Goodwill Sands light ship was struck by
u passing vessel and the crew , utilizing the
wireless telegraphy apparatus , notified South
Foreland that their ship was In n sinking
condition. Tugs were thereupon dispatched
to the assistance of tbo lightship.
SJ As a Table Water , its delightful flavor and absolute
purity have made
the " favorite " everywhere. > o
.
ruxton , GalU-.ulier A Co. , Illntrlbu torn ,
old I ) ) ' Slicrumu & JUoCouui'll Urutr to , , Ouiuha ,
WORKING ON A FINE CRAFT
How the Gang Tnras a Good Profit on
Protection ,
HOLD-UP PRACTICED ON A POKER ROOM
( iond ItcndhiK l Deposition TnUcii liy
ItrfciiHC In l.lbol Cnni ! IlrniiRlit
by County Attorney Shield *
Afcnlnnt The lice.
Just how the protection-dispensing opera
tions of the Herdman gang have been con
ducted Is b ing brought out In the deposit
lions taken In thecato Instituted against The
Uco by County Attorney Shields for alleged
damages to his reputation. One of the most
Interesting depositions Is that by the pro
prietor of a poker room recently closed , that
operated under police protection during the
ascendancy of the Herdman commission.
After relating the Incidents by which the
game was stopped about n year ago by
reason of a controversy with one of the
members of the gang , the witness answered
questions propounded by Attorney Slmcral
no follows :
Question. At that time , prior tn the
stopping of the playing , Is It not u fact that
Harry Hayward was Interested In the game ,
which was being played there to your
knowledge ?
Objected to by the counsel for the plain
tiff as Incompetent , Immaterial , Irrelevant
nnd leading.
Answer. I could not say whether he was
at that tlmo or not.
Q. Prior to this stopping. Just prior ?
A. Why , I don't know. I think ho was ,
but I am not so certain whether ho was at
that time or not.
IllvlilCN I'rolltM to Protect Gnnie.
Q. Was ho over Interested In a game
being played In that place ?
A. Yes , sir. I so understood.
Q. Is It not a fact , that one Harry Hayward -
ward declared himself in with the game
that was being run In that room ?
Objected to by the counsel for the plaintiff
as Incompetent , Immaterial , Irrelevant , and
leading.
A. Well , ho did not Just declare himself
In. Wo had a little talk and I thought It
was better for him to take a part of It.
Q. What was the consideration for giving
him a part of the game ?
A. Well , BO far as I know now It was on
account of the oftentimes it Is best to have
someone of that kind to keep the game go
ing by having a party of two or three or four
or flvc and keep up the Interest In the game.
Q. Wasn't the reason that you spoke of
then for the purpose of protecting the game ?
A. Xo , sir , It was not.
Q. It was just for the purpose of keeping
tbo game running ?
A. That was the proposition.
Q. Who Is Harry Hayward ?
A. Well , Harry Hayward.
Q. What are his business associations ?
A. He Is in the wholesale liquor business.
Middleman In Molnc'n I'nrtncr.
Q. Who is his partner ?
Objected to by the counsel for the plaintiff
as calling for a conclusion from the witness.
A. He Is a partner of Walter Molse , I
understand a partner in Molse & Co.
Q. You understood that Mr. Hayward was
a partner of Walter Molse nt the tlmo ho
declared himself in. or took a part in the
game ?
A. Yes , sir , that wns my understanding.
I supposed ho was.
Q. Up to the tlmo that you had this con
troversy with Mr. Hayward did you have any
trouble In keeping the game running ?
A. No , not that I know of particularly ,
any more than sometimes wo'would tiot bo
doing anything for a week or such a matter.
Q. You had no trouble with the police at
that time ?
A. None that I remember of.
Q. You had no exposure In any news
paper known as the Omaha World-Herald ?
A. Not that I remember of.
Q. You closed down at the tlmo Mr.
Hayward withdrew from 'his ' part of the
A. Yes , sir. It was along about that time.
Q. Won't you state the circumstances of
your closing down on account of this trouble
to which you referred ?
Objected to by the counsel for the plaintiff
as Irrelevant , incompetent and immaterial.
Ilerdninii'N I'ollcc ti > the HCNCUC.
A. Well , you see , a party claimed ho had
been cheated there , and ho had ; there was
no doubt about It ; and BO they thought
that I was in with it , and they took the
deck of cards , the cards that were used , and
showed them to the chief of police , and I
did not hear anything about It for a couple
of days afterward. When I heard about It
I went up to the chief's office nnd nsked
him about It , and I Bald : "Have you got a
deck of cards up here ? " nnd ho said , "No ,
that ho did not have a deck of cards there , "
and I said : "If wo can get them I would
like to have you get them and probably I
can explain It to you so that you will under
stand It , " and eo ho says : "There Is no use
of that , I understand it anyway , and just
let the matter rest where It Is. Let it go. "
I told him I had been perfectly innocent of
It nnd knew nothing at all about It. I was
victimized Just the same as the others were
nnd I thought In time It would bo shown
that I was Innocent. Then I guess It turned
out that -way. It turned out that I was
taken In just the same as the balance.
O. Who was chief of police at that time ?
A. Gallagher.
WlinukM Up in IlPNiuno Piny.
Q. How long was the game stopped at that
tlmo ?
A. Well , I don't remember. A week , or
possibly three weeks.
Q. It wns resumed , then , after 'hat time ?
A. Yes , sir.
Q. Did you have any trouble In keeping
the game running after that during the
year ?
A. No , not particularly , any more than
sometimes there would not bo very much
going on.
Q. During that tlmo did you pay anybody
any money to keep the game running ?
Objected to by the counsel for the plaintiff
ns Incompetent , Immaterial , irrelevant and
leading.
A. I don't wish to answer.
Q. What Is the reason for refusing to
answer ?
A. I do not wish to Incriminate myself.
Q , Will > ou swear that you did not pay
any money to anybody to keep the game
running during that time ?
A. I refuse to answer for the same
reason.
Q. Will you say whcther-pr not you kept
any memorandum of your receipts and ex
penditures ?
A. Yes , sir ; I kept a sort of an expense
account and so forth.
Q , Did that memorandum show whether
or not you paid any money to keep the game
running , for protection rrorn tbo police ?
A. I refuse to answer.
Witness identified the memorandum books
to which this testimony referred.
Q , State whether these books were made
by you , or kept by you.
A. Yes , sir.
Q. What does the entry in the books
"prot J30" mean ?
A. I refuse to answer for the earae
reason.
JJelln Out anil tiovn Home ,
Secretary W. V. Cox of the Government
board of managers of the TraDsmUsUelppl
Exposition , ha * closed up. his buslneas In
this city and will leave at once for Wash
ington. Acting under Instructions from tbo
board. Secretary Cox has turned over about
fifty flags of various sizes to Superintended
of DulldlngR Danker of the board of educa
tion. and these will bo given to the various
reboots of the city. Some of the flags arc
somewhat worn , but others nrc nearly ns
good as new , nnd can IIP used tn Advantage
In the decorations In the school buildings ,
The remaining property of the government
on the grounds was purchased by I * . E. Her
for the Greater America Exposition.
TROUBLES OF AN OLD MAN
OrtoKcnnrlnn In Ilohhril of All HI *
Money liy
An audacious colored woman , a roll of
greenbacks containing | 1SO , an octogenarian
and a dark alley In the lower end of the
city are the characters and scenic properties
of a melodrama In actual life that occurred
Thursday evening.
A man with the snow-whlto hair and bowed
frame of old nge wns robbed by a fiendish
negrees of the little savings ho had contrived
to hoard by many years of patient toll , but
his undoing was brought about In part , If
not altogether , by his own misdeed and for
this reason thcro is n tinge of the melo
dramatic lent to the talo.
A week ago William Davis sold the old
Davis homestead at Iowa Kails , planning
to find a home for the rest of his days with
a son living op a ranch near Sidney , Nob.
After paying off the mortgage nnd several
other debts there was left for the old man
a sura of money slightly less than $200 , nnd
with this In greenbacks rolled compactly nnd
carried In nn inner waistcoat pocket ho
started west , accompanied by a 19-year-old
lad as traveling companion.
Their plans included a day's visit In
Omaha. Thursday night , when shopping , the
boy left Davis standing on Mio walk In front
of a second-hand store on Tenth street ,
while ho entered to make a purchase.
"WniinctlnV Hold Work.
Geneva Williams Is a notorious ncgrcss of
the Third ward district. Ily accident or
design she approached the old man ns ho
stood waiting for tbo lad Inside the storu
and began u conversation. She Invited hint
to accompany her a short distance up a
dork alley n few yards away and It Is said
that Davis accepted the Invitation.
The first opportunity the Williams woman
had to brush close to the old man's pockets
was taken advantage of to filch the roll of
bills. Then she Invented an excuse to leave
hastily and n few minutes later the theft
was discovered.
The pollco were notified and an accurate
description of the negress was furnished
them. Then a search for her was Instituted
In the wholesale manner of Indians when
they hunt wild gamo. The dragnet of the
law , In the form on a cordon of police , was
stretched around the district where the
tough element of the colored population
lives and every person corresponding in ap
pearance to the description of the ncgrcss
was caught In HB meshes and taken one by
one before the old man for his Identification.
Chief White and Captain Donahue took an
active part in the search and. suspecting a
woman known as "Wannetta , " they watched
a room she Is accustomed to frequent at
Twelfth and Dodge streets. The negress ,
driven by the police patrollng every haunt ,
took refuge there nnd was taken Into
custody.
Davis Identified her as the person who
robbed him. Officer Goodrich , patrolman on
the .beat . whore the theft occurred , Identified
her as the woman whom he had seen In the
vicinity while Davis was there. Another
man was found who identified the negress
as one who tried to change some of the
stolen bills at his place of business , but
when Geneva Williams was searched none
of the stolen money was found In her posses
sion. She -was locked up on the charge of
larceny and Davis was held ns complaining
witness.
' You know bow reliable Dent's Toothache
Gum is when you try it , . All druggists. 15c.
Mortality Statistics.
Tho" following births and deaths were re
ported to the health commissioner during
the twenty-four hours ending nt noon yes
terday :
Births Mike Gelos , 2313 South Twen.ty-
elghth , boy ; J. W. Cummlngs , 1611 North
Twentieth , girl.
Deaths August Williams , 3174 South
Thirteenth , E9 years ; Alvlna Mount , 2503
South Twenty-fifth , 22 years ; Ella Spencer ,
2018 North Twenty-sixth , 39 years , pneumo
nia ; Stella Elrod , 1801 South Fifth , 3
months ; Dewcy. Maynus , 1108 South Sixth ,
18 months ; Belle Wcldner , 2709 Mason , 50
years , consumption ; Frank Klcffner , 1823
Cnpltol avenue , 18 years , appendicitis ; Helen
E. Johnson , 1509 South Twenty-eighth , 30
years ; E. Carce , 619 South Fourteenth , CO
years.
Canon DlMiiilHHpd.
The complaint against W. H. Bell and P.
E. nrind was dismissed by Judge Gordon
for want of prosecution. The defendants
were charged with making an assault with
menacing threat upon Frederick A. Chubb ,
a painter , who refused to forsake his work !
and Join the union In Its strike for an lil-
crease of schedule.
The case against D. L . Lapsloy and
Glaus Hubbard , colored practitioners , in
police court , was dismissed for want of
prosecution also. They were accused of dis
turbing the peace by having a street fight
about a month ago.-
To Arrange for the Shoot.
A committee consisting of Judgea linker ,
Powell and Baxter nnd George McBrldo nnd
George Helmrod will represent the crack
shots of the county building in a conference
with city officials in regard to the proposed
team shoot between the representatives of
the county and municipal governments. The
conference will bo held In the county court
room Monday night and It is expected to
Ecttlo most of the details of the contest.
OPENING
HOSPE ART GALLERIES
HOSPE MUSIC ROOBV1
HOSPE AUDITORIUM
Four floors music on every floor.
Saturday Evening , April 29th
Every body -welcome.
1513 and 1515 DOUGLAS.
CHARGES AGAINST A LAWYER
Sensational Affidavits Are Piled in the
Ahern Injunction Oaso ,
WALKUP ACCUSED OF BRIBING A CONSTABLE
llnltcr Aver * tliat He'nn Induced to
Serve a AVrlt of llcntltiitlou
nt the Hour of Mld-
iilltlit.
The hearing In the Ahern Injunction
case , which was set before Judge Dickinson ,
has been postponed on account of some Eon-
satlonal developments which promise to
make trouble for ono of the attorneys In the
suit unless Jio can make a satisfactory ex
planation of charges filed In the form of
affidavits.
The injunction was applied for by Mrs.
Ahern to prevent the execution of a writ
of ouster secured by the Krug Brewing com
pany nnd Walter Brandes , to eject her from
the saloon at Tenth nnd Mason streets , which
was the property of her late husband nnd of
which she has been the legal proprietor since
his death. In the application Mrs. Ahern
assorts that the summons In the forcible en
try and detainer proceedings was never
served on her and the affidavits now filed
seem to support this assertion. The most
Incriminating affidavit Is thot of Nicholas V.
Halter , formerly a police officer and more
recently a constable connected with one of
the local Justice offices. Halter positively
declares that ho accepted a bribe from A. E.
Walkup , the attorney for the brewing com
pany , to serve the summons by putting It
under the door of the saloon instead of de
livering it to the proprietors. Halter swears
that Walkup offered him $25 if ho would
servo the summons in the manner described
nnd then servo the writ of restitution &l
midnight. Ho accepted the money and the
plan wns carried out. What became of the
aurnmons after it was deposited near tbo
door does not appear , but on the following
Saturday night Walkup and the officers de
scended on the place nnd attempted to throw
the occupants into the street. The attack
was apparently a surprise , but It was stub
bornly resisted and for a few minutes there
were hot times on both sides of the bar.
The occupants Immediately applied for a
temporary injunction and secured a restrain
ing order under which further action In the
entry and detainer case Is suspended until
the case Is heard on Us merits.
The affidavit of Halter Is supported by
the sworn statement of Constable Learn ,
who avers that Walkup applied to him to
serve the writ at midnight , ns wan sub
sequently done by Halter. Learn says ho
thought the fact that it was insisted that
tbo service should bo made at thiX hour
GIVE THE CHILDREN A DRINK
called Qraln-O. It In a delicious , appetiz
ing , nourishing food drink to take the
place of coffee. Sold by all grocers and
Iked by all who have used It because
when propsrly prepared It tastes like tha
nneit coffee , but is free from all its In
jurious proportl-ee. Graln-O aids digestion
und strengthens the nerves. It Is not a
stimulant but a health builder , nnd chil
dren , as well as udults. can drink It with
great benefit. Costs about one-fourth as
much as coffee. IDc and 23c.
Our Boys in Manila-
captured the whole Philippine army
yesterday When It comes to Omaha
boys there Isn't anything to good for
them that's why we have taken ho
much care In sclenting the shoos that
wo sell Omaha boys No matter what
the price you can depend upon the value
being In them The best seller wo have
Is our boys shoos at $ l.r > 0 probably be-
caiiKO It wears as long as the higher
priced ones and looks well as long as It
Is worn Wo have these ? l..r 0 shoes In
all sizes Umt boys usually wear.
Drexel Shoe Co. ,
Onmlm'ft Up-to-date Shoe Home ,
1419 FARNAM STREET.
Ntnr hiirliifi ratnli > Kni > ninv rcnily
bent for thu
Wind Storms Are Oommon
Hut good luncheons at the popnlnr
cheap price are as scarce as hen's teeth
It remained for llaldult to give the
sorvlco of a 75-cent dinner for Jine
that's the way It figures out half price
on the entire bill of fare Since wo'vo re
duced prices wo hoar many compliments
of our luncheon Today wo serve straw
berry shortcake and every day our un
excelled Ice cream nnd pies.
BALDUFFS ,
Uncfc Ik30 to 2t30. Supper 3:30 to 8&CL
1520 Farnnm St.
indicated ttiat there was something wrong
about the case , and ho refused to have an--
thlng to do with It. At this time Wnlkui ,
explained that the only reason why lit
wanted the writ served nt that hour was
that It would give Mrs. Ahern n chance
to close up the day's business before she
wan ejected.
Walklip could not bo brought Into court
on account of sickness , nnd Judge Dickin
son accordingly continued the hearing un
til next Wednesday , when Walkup will bo
given an opportunity to make n defense.
Suit , AllcKliiR DniiiniceN.
The Lincoln Cooperage company has sued
Adams Bros , of Arkansas in the Douglas
county courts for $ Gf > 76 damages on ac
count of the alleged failure of the defend
ants to execute a contract made In 1897.
The petition states that the defendants
are proprietors of a barrel stave plant nt
Fordyco and Datighlon , Ark. U Is asserted
that they made a contract with the Lin
coln establishment to furnish 3,000,000 staves
for $16.50 n thousand , but only furnished
about three-fourths of the quantity , leaving
487,000 to be delivered. The plaintiff de
clares that It wns unable to secure the bal
ance of the contract and had to buy the
staves on the open market at $30 per 1,000
and upward. The amount sued for Is de
clared to bo the difference between what
the staves would have cost on tbo contract
and what the cooperage concern really had
to pay for them.
Injunction AxUcd ] < * or.
Suit for the recovery of $3,000 , alleged to
bo duo on two notes , executed by Iluckstaff
Bros , of Lincoln , and long past due , has
been brought by Lemon & Tootle of St.
Joseph , Mo. The suit Is In tJnlted States
court , where the plaintiffs ask for an In
junction to restrain the defendants from
selling or otherwise disposing of their stock
In the Buckstaff Bros.1 Maufacturing com
pany.
Federal Court Docket for May Term.
The docket for the Qlny term of the
United States court Is out and Is being
distributed among the lawyers. U Is not
unusually heavy , yet there are many cases
that Judge Munger proposes to dispose of
before adjournment. Court will convene
next Monday , but the first few days will be
taken up with the disposition of defaults
nnd other ex pnrte matters. The grand
Jury will report Tuesday nnd the petit Jury
on Thursday. In order to clear up the
docket Judge Shlrns of Dubuque will assist
Judge Munger for n couple of works , after
which Judge Cnrland will como down from
Sioux Kalla ami remain until the close of
the term.
Minor .tliitttM-N In Court.
The attorneys for the parties In the Rlcclc
divorce case announce that they have agreed
on n mitlsfnctory division of the property
In accordniH-o with the decree of Judge
Kawcett. The real estate and mortgages
have been so divided that each Is satisfied
nnd Mr. Klcck'a attorney Buys that no ap
peal will be taken.
Judging by the number of witnesses that
have been subpoenaed In the Kcrr murder
case , which IB on the card for next Tuesday
In criminal court , the trial Is likely to oc
cupy a largo part of the term. The Btato
has called forty-six witnesses and the dn-
fense has cited eighteen BO far. Kcrr Is
charged with the murder of John Held , a
hotel keeper nt Valley , nnd the case In re
garded with more than ordinary interest by
tlia people of that village.
TRUSSES
ELASTIC
STOCKINGS-
CRUTCHES
SUPPORTERS ,
otc , mud a to order
by com potent
workmou.
Send to us for
moHBiirment
blanks and other
information.
THE ALOE & PENFOLD CO. ,
Deformity Ilrace Mnuafaoturcri.
1408 Fariiain OMAHA.
Op. Puxton Hotel.
Opening Up New Territory
Snturdny bctwoon 7 and 10 p. in. wo
will hold a grand opening of our now-
enlarged and remodeled store room-
three floors now every ono devoted ( o
music or art Several private Htudlos
on the second and third floors these as
well as our own rooms will be open to
the public and wo take pleasure in In
viting nil Omaha and their friends to
come to the opening Good music will
be furnished on every lloor Special at
traction in the Audltorum.
A. HOSPE ,
We celebrate our Slitlt bnxlneii anni
versary Oct. iillrd , 1HDO.
Music and Ait. 1513 Douglas.
Garden Tools and Tools
Ours is a tool store Tools for the
flower bed tools for the garden tools
for the contractor tools for the
laborer tools for everybody and tools
of all kinds at the prices that yon ex
pect to pay Lawn ho.se at r c 8c lOc
IL'c Last year we sold over 5,000 feet
of hose and not a foot has come back
What .better recommendation do yon
want Tills Is the same make of hose.
Lawn mowers , sprinkling cans , grass
shears , etc. , etc.
A. C. RAYMBR ,
\VK liiIVKH YOUIt 1'imCIIAHU.
1514 Farnam St.
We've ' Got Him Treed Now-
And the war will soon be over Iho exposition -
position will boom and wo will sell
more hats ( ban ever. Wo always speak
of hata , because that's the way wo
make our lllriuj selling hats selling
thorn at living prollts ( hat's why everyone
ono that sees our $ : i.OO hat buys it so
quick they think wo'vo made a mistake
and given them a $1.00 hat ( hey are
$ 1.00 bats as hats go-but wo'vo never
tried to pay all our expenses from the
proilt on ono hat -Derby and Kedora.
FREDERICK
The Hatter
The Pioneer Hat .Man of the West.
120 South 15th Street