Nebraska Newspapers

    1
rnniniip trTinvoT t u\f \
lURlOUo All IONS Al LAW
Mewnres of Value Set Out in the Pleadings
in Damage Suits ,
LEGAL FLIGHT OF FERVID FANCY
( liinlnt Collection of Cnnncn ,
front n fiooil Tooth to nn Atnor-
Icnit dnfrii , Which Courts
31 H Hi Tackle.
If every nllogatlon made In a pleading
filed In court could be substantiated by the
testimony the defendant population would
be bankrupt of goods , choscs In action and
reputation In fifteen minutes. If everything
In court which deviates from the hopes of
thn parties litigant could bo assembled ns
nsscts the novelists of the future would have
material for a century of scribbling. For
tunately for all classes In court nnd out ,
saya the Chicago Chronicle , the specula
tions hero Indulged In wilt always remain
mere speculations. The margins put vp on
thorn will never bo increased by subsequent
calls.
In court proceeding the verdict of the
Jury prior to Its delivery Is that Indefinite
r.omothlng . known In algebra as "X , " the
unknown quantity. If not "X" then It Is
"Y , " the follow of the other letter of the
nlphabot which Indicates to the student
sotnatlilng ho knows nought of nnd Is ex
pected to seek nnd find or fall In his ex
aminations. Verdicts In most cnses nro
neither founded on fact nor law. How they
uro reached by twelve men of nvorngo Intelligence
ligenceIn something the wisest Jurist In
the world would shrink from telling. No
man who has served on n Jury can tell n
connected story of liow he himself and not
the other eleven concluded to enter the ver
dict the court rolls show wns entered.
There Is every reason to believe that the
person who penned the Immortal line ,
"Truth la stranger than fiction , " was prior
thereto a party litigant In a court of record
with n perfectly Just claim. Ho learned the
verity of hl dictum when the verdict wns
read nnd the Jury polled. Then he saw that
no mere story writer would ever be able to
spring his Imagination to the flights to
wjilch twelve good men and true can soar.
Therefore ho was sore himself nnd dis
coursed feelingly nnd with pathos concernIng -
Ing truth and her marvelous garments. Dur
ing a long trial n little bunch of evidence
nhout the stzo of a spring potato lodges In
the mental throat of the vcnlrcman. In each
case 'this testamentary lumper is different ,
so that when the discussion commences each
Is digesting something the others never
heard of. No wonder , then , that the com
bined result Is startling.
But In the matter of pleadings extravagant
values on articles or as measures of damages
to person or goods are marked features.
"Oil a-plenty whllo you're a-glttln' , " is the
motto of the suitor who essays to clip a
coupon from the wares of an antagonist.
Ono excellent case In point was recently
commenced In St. Louis. Teeth In the Mis
souri city are apparently very rare and con
sequently of excesslvo value , Judged from
the market prices In other cities. This ap
plies to natural Ivories and not to store
teeth. But hearken to the yarn :
Tooth-Puller In Court.
Mlss'llulda Newell , spinster , of St. Louis ,
In the county of St. Louis and state of Mis
souri , was possessed of ono only eyctooth
ot great beauty of form and dazzling white
ness. But , nlas nnd alack 1 It became the
xceort of certain Infinitesimal germs and
ached mightily. Thereupon Miss Hulda vis
ited tbo olllco of Dr. John A. Shober , who
asserts his capacity to remove aches and
restore tooth , etc. The lady put herself and
3ier darling teeth In the hands literally ot
the dentist. Subsequently the maiden 'bc- '
eought the aid of the circuit court In that ,
as she alleges , the dentist ruined tbo tooth
BO that it is of no use to her.
She also alleges that in filling the said
tooth ho removed the void without taking
away the accompanying ache. She Is also
desirous to show to the court that the treat
ment has been ot such a nature as to mar
lier beauty as wall as cause her great mental
and physical anguish. She believes In suing
and asking for enough while about It , so she
has laid damages in the sum of $5,000 for
that tooth. Sbo will probably bo satisfied
with $5 when the case comes to a finish in
the bauds of a Jury.
Over In Now Jersey , where trusts grow
In the orchards nnd mosquitoes bite early
nnd often , ono little Insignificant snap-shot
camera brought woo and tribulation to the
heart of a teller in the earth. The case
presents a number of featurec of exceptional
Interest , In which the name of the lawyer
for the defense plays a strong part. It is
Bwuckhammor. No wonder the plaintiff lost
when n Swackhammor was handing him a
few legal and scientific punches. Even If
the camera and the secret It revealed had
not been In evidence It Is difficult to de
termine how Joseph Hastings , the plaintiff ,
hoped to recover. In fact , ho has not recovered -
covered from the shock yet.
Joseph Introduced himself to Mrs. Phebo
Osborn , a farmeress , as ono mighty In shuckIng -
Ing corn. Now , Mrs. Osborn was In need
of ono who could separate the yellow and
clinging cars from the parent stocks , so she
lell upon Joseph's neck and besought him to
KO forth into her fields and labor and she
would compensate him therefor. So Joseph
went forth. But ho labored slothfully , as
ono who laughs at the weakness of his boss.
Ho betook him to the field , Indeed , but he
procured somebody to carry forth one largo ,
comfortable armchair. Therein ho reposed
his manly form and languidly pulled the
corn from the stock.
It befell that tbo farmeress Is n good
"business man nnd took naught for granted.
She did not go forth into the Hold to see ,
Quit Bho caused an agent to do this for her.
The rt-HUlt was that when Joseph drew nigh ,
emlllng and confident , asking for his pay ,
Jio was met with frowns , objurgations and
a flat refusal. Thereupon ho hied him to
Plalnflcld and brought suit for $196. Ho de
livered to the court that ho had worked
a certain number of days In the chill winds
and had received no pay , Then Mr. Swack-
Uwnimor became Interested , He produced
a photograph of Joseph taken as ho reclined
negligently In the armchair.
Joseph was aghast and astounded. He
knew liU own llkeneea and ho was unable
to refute the accuracy of the camera , neither
could ho deny with success that ho hod
elothfully performed Ills duties. The Jury ,
lx > lng of the farming element both sides
doaIrM thin concluded that corn shucking
with nn armchair ns nn accompaniment was
no good , so tint twelve good men nnd true
laughed nt Joseph nnd gave him the sack ,
oyen the gunny sack for the catching of Jack
hiilpo by the fitful light of the lantern ,
Jcxcph went higher and was thrown down
again with a mighty fall. Mrs. Phobe Oa-
born , farmeress , won In a walk.
Somebody asserted once upon a time that
a spade Is a spade and not & shovel or ham
mer or crosscut aw. Ilelylng upon this
adage , which Is frequently mot In the law
reports , a brilliant attorney called the
court's attention to a startling variation
( between an Indictment and the proof. Thu
Indictment ret forth that the defendant In
u rude and mi cry manner and of his malice
aforethought , < wlth Intent to da great bodily
barm , did cmlte the eald blank In and upon
the body , to wit , the elds of the head , with
one certain deadly weapon , to wit , a upailo ,
then and there , being held In tbo bands of
linn , the said , etc. When the prosecuting
attorney adduced his evtdencn U was learned
that the Implement used was not a spade
at all , but a shovel.
The defending countel saw liberty before
Iil man. He rose and filed a demurrer to
tbo evidence on the ground that his client I
was charged with smiting the other fellow I
wllh a epade. whereas the testimony dis
closed that he had no spade at all , but a
rickety , flat-bladcd and harmless shovel.
But the Judge took a different view and of
course he held the high hand and won.
"Oh. that's all right , " urged the Judge.
"It's all the same , epado or shovel , It makes
no difference. "
"But , your honor , there's as much differ
ence between spades and shovels an spades
and clubs. "
"Oh , no ; there Is not. Now , In drawing
to a spade flush If you catch a club you get
bobtalled. But In leading at a bank It makes
no difference If you lead n spade or shovel ,
you get Into the bank. Not so Ir. draw , for
such a deal would not enable you to cut
Into the bank , but the bank would cut Into
you. Now In the case nt bar I can't sea
what difference It makes If the defendant
drew to spades or shovels , ho took the pot
wllh a wallop on the occiput of the prosecut
ing witness. A spade may bo n spade In
fact , It always Is. But for all present pur
poses a shovel can become n npade. The
demurrer Is overruled. Call the next wit
ness. "
Over In Missouri n case was being heard
wherein damages were asked , growing out
of a railroad accident. A farmer's wagon
was smashed by a trnln nnd the horses
killed. There was a dispute concerning the
method of the accident If nn accident can
have a method and the living witnesses
swore with fluency and diversity on nil the
salient points. But It so happened that
near the train was n youth with n camera.
Ho had the snapshot fever very badly , nnd
seeing an accident was bound to happen he
focused and snapped the case. Ho produced
his picture nnd settled the matter. The
company did not make any effort to refute-
the salient evidence of the negative. In
rendering his decision the Judge remarked :
"To mo It Is n very comforting thought
nnd pleasing reflection thnt amid all the
vicissitudes and pressing exigencies of mil-
road damage suits they have never yet at
tempted to Impeach old Sol. Perhaps they
wcro deterred by his shining reputation. At
nny rate , from his scrcno sent in the heav
ens , from his cnirn on high , he still looks
down upon the pigmy population of earth
with the same burning cyo wherewith erst
while ho gazed down upon Ananias that time
ho went In before the apostles nnd 'lied' to
the holy ghost. ' "
liiNtlco n In Iiidlnnn.
Over In Indiana they do some queer things
In courts of law. Justices of the peace can
summon Juries of elx men , half the usual
allowance , to hear and determine matters'
between warring neighbors. A case was
brought before a rural squire wherein a
father sued a son for a small amount. A
Jury was sworn to try the Issues and listened
with exemplary patience to the conflict of
evidence and _ then retired to deliberate.
Four hours of wrangling followed and the
good people opened and bought pools on the
result. When the verdict was published ctio
bets were declared off , for nobody had
guessed within two dozen points of the
facts.
"We , the Jury , agree to find Judgment for
neither the plaintiff nor defendant and find
that each pay half the costs , " was what
that sextet decided would bo a fair thing.
When the smoke cleared away and reason
had returned ns the boosters came from
their trance it was held by all and sundry
as a pleco of wisdom bcsldo which that ot
the fabled Solomon Is puerile.
The next case Is also of Indiana , but herein
no Jury participated. In Hooslerdom , as
elsewhere. Juries do not come Into divorce
cases. This wns an action for a divorce a
vinculo matrimonil , as the youthful attor
ney put it , brought by the wife against the
husband. Not to bo < behindhnnd in gallan
try , the husband , through a grizzled veteran
nf the bar , promptly came back with a cross
bill. The two of them alleged all and sun
dry the numerous grounds In the statutes
and common law which , if established , would
call for a divorce. In Indiana the lawmak
ers decided many moons ago that if two
ceased to be one it would be shameful to
compel them to keep It up. So they got
busy and piled up the reasons for separa
tion. No divorce but an absolute ono goes
over there.
The Court' * Decision.
The case was heard. Witness for both
sides swore with fluency. It was give nnd
toke from the first round. No parry or duck
was made by either side , the attorneys strug
gling rather to land a knockout regardless
of the damage done to their respective prin
cipals. The Judge sat on the bench biting
his finger nails nnd grinning grimly the
while. He had tried many a case , but this
one broke the record. The court broke the
record in announcing his decision. He
spoke as follows :
"This Is a most remarkable case. Here
Is a wife who despairs of a life of harmony
with her husband. She has brought a
suit for a divorce a vinculo matrimonil , In
support of this she has alleged all of the
various srounds for divorce provided by a
beneficent nnd considerate legislature , to
say nothing of those which have come down
to us through the canons and customs of
the common law. If she had established In
evidence- one of these charges It would be
ray duty ito grant her the decree. But she
has proved every one of the list , and there
fore would be entitled to ono divorce a
year for the next fifteen years. This serves
to complicate the record and aids the court
but little.
"To proceed , the defendant In the original
petition , the husband. Instead of filing a
mere denial of the allegations , has seen fit
to file n cross bill , wherein he demands a
divorce ot the name absolute kind. He
has re-enforced his plea by charges Just
as extensive and various as those of the
wife. In support of these contentions he
has adduced testimony which tlio court is
constrained to believe. Every allegation
ho has made seems to bo established. He ,
too , would bo entitled to one decree of
divorce a year for a few years to come.
The record shows that thirty divorces
should bo granted where the court Is em
powered to grant but one. How shall wo
settle It , gentlemen ? "
"Well , your honor , " said the youtbful
lawyer , trying his first and last case , "I
think my client is clearly entitled to a
decree. "
"Undoubtedly , Mr. S. , " responded the
judge suavely ,
"Your honor , I submit thRt wo have es
tablished the truth of every allegation In
our cross bill , " said the veteran. "
"Your submission Is quite- correct ,
Brother B. "
"I see but one way out of the maze , "
continued the court with a merry twinkle
In tlio tail of his eye , "I am eatlefied a
divorce should be granted. To take sides
In the case and glvo It to one party would
bo to throw opproblum on the other party ,
To give It to the other would produce the
same result. Both stand convicted of utter
recklessness concerning the vows they
swora when ttiey stood before- the preacher
nnd I am loath to give ono the benefit of
R doubt that does not exlet. I will make
It a blank decree without favor to either.
It Is , therefore , considered and adjudged
that the bonds of matrimony heretofore
existing between blank and blank bo dis
solved , Now , you two go over to the
clerk there and each of you pay his own
costs. Then get out of my court and don't
eomo buck again. "
Tlio two attorneys sat In trances for a
space. Then the veteran grinned at the
youth and the youth grinned back , "H'a a
draw , " quoth tbo veteran as be linked arms
with his young friend. "Let's go out and
celebrate the victory. We'll have to shake
it oft to see who wins. "
CoiiKenltnl liuolveiicy.
Probably as caustic a commentary on the
subject of corporations as was ever made
was made by a Judge of great learning ro-
cently. Ho was called on to pass upon the
affairs of n corporation which did not survive -
vivo Its birth long. A receiver wns needed
to wind up Its earthly career. The court
heard the evidence and patiently waded
through a mass of documentary testimony ,
all of which demonstrated that the com
pany never should liave been turned out to
the tender mercies of n cruel world. The
court spoke as follows :
"Somo are afflicted with what may bo
called 'congenital * Insolvency. They are
born Insolvent , capitalized Into Insolvency
at the moment of their creation nnd eke out
n precarious existence In an apparent effort
to solve the old paradox of living on the In
terest of their debts. "
The lawyer who appeared for the man
who sued another for the killing of a dog
waxed truly eloquent In describing the
manifold virtues of the deceased. Ho was
no ordinary dog , as was shown by the evi
dence. The advocate delivered himself of
the following burning words :
"Gentlemen of the jury , ho was n good
dog , a flno appearing dog , a valuable dog ,
and It docs not Uo In the mouth of the de
fendant to say ho was a worthless cur , be
cause It Is in evidence before you that on
occasion ho offered $5 for ono of his pups. "
After such a peroration what could the
Jury debut find for the plaintiff and award
him heavy damages ?
It Is fitting that when royalty goes a-
courtlng , willingly or dragged thereto by a
rude plaintiff , that royalty should close up
the procession. Royalty In these United
States Is Infrequent , but Gotham has a real ,
truly queen In Lavlnla , monarch ot the Hol
land dames. Now , her majesty has been
made a party defendant In court , dragged
thither by a brother. Not satisfied with de
manding money which this brother , John
A. Dempsey , alleges ho loaned to Queen La
vlnla , Johnny says cruelly that she Is no
queen and that all the Dutch blood she can
muster would not make a mosquito fat.
flu cm Imvliilit Hard Dp.
Johnny declares with much heat that ho
has loaned his sister something over $2,500.
Ho also sues for $3,000 which he says he
loaned her and that she used the money in
giving the receptions and doing the torn
fool nets with which ho Is so much dis
gusted. Ho Is one of the family who has
not been ennobled by the queen , for her other
brother , Guy , Is called Sir Guy by the set
wherein her majesty has been wont to rulo.
John says the decoration she recently re
ceived Is the star which once adorned the
breast of a policeman at Carnarsle nnd Is
not nn heirloom of any great house. Ho
says she has no money of her own omd never
had. Ho wants his hard-earned dollars back
once moro and vows ho wilt have them.
Thus the only recognized gem of royalty
In America Is hauled Into a court room to
have her claims disputed and to answer tea
a suit Instituted by a brother. Sad Indeed ,
but uneasy lies the head that wears a crown
Is an old saying well accepted of royalty
and plebeian.
MYSTERIOUS PACIFIC ISLANDS.
Sonic of Them So Smnll They Are
Hard to Locate n Second Time.
Much atentlon has been given ot late , re
ports the New Zealand Herald , to what we
may call the strange case of
Clipperton Island. It Is not moro
than three miles in clrcumfcrenco
and it lies in the western Pacific
something like SOO miles west of Mexico. In
the wldo expanse of the Pacific ocean It
shows like a mere speck , so small as to beef
of no value , seemingly , save as a refuge for
a few of the army of beachcombers "who
have burst all bounds of habit and have
wandered far nway" in the course of their
downward progress. But the ownership of
Clipperton Island has of late been claimed
by no fewer than four countries Mexico ,
the United States , Franco nnd Great Britain
and when It Is added that the Island Is a
favorite haunt of sea birds and thnt many
tons of valuable guano are waiting to be
picked up the reason for this unwonted so
licitude , even In an era. of land-grabbing ,
will be apparent.
Ollpperton island is of Interest In another
direction. It Is one ot those numerous
stretches ot land set In the midst of the seas ,
sunny and otherwise , which , after their first
discovery , for many years elude all en
deavors to locate them again. It has now
been , ns it were , nailed down In cne par
ticular spot In the ocean that Is to say. Its
exact position has been finally determined
by warships sent out for the express purpose
of searching for It and settling an doubts
as to Us existence and the only thing re
maining now Is that the question of. owner
ship should be settled. It happens that there
Is another Island about 400 miles southwest
of Cllpperton and rich In the same deposits
that make that place worth possessing , for
which adventurous miners are at this mo
ment looking.
As late as July last a vessel named the
Moonlight left Altata , Mexico , on a voyage
in search of this latest mysterous Istand
and spent fifty-two days of fruitless labor
toward this end. Her captain faired to find
the place and fearing that his provisions
and water would run short , returned home
to report that either the rough charts of old
Captain Martin and his associates were In
error or else that some strange seismic phe
nomenon had caused the lost Isle to disap
pear years ago , perhaps , for all that mortal
soul knows. Spice Is added to this romance
by the fact that another 'Frisco captain lo
cated the place definitely a year or two be
fore and found a small colony there , which
colony Is still on the Island , shipping guano
In their own schooners , manned by numbers
of their own party , to the leading ports on
the Pacific slope of North and South Amer
ica.
Quite a number of expeditions have of
late been made with the object of wresting
this valuable secret from the handful of
men In whoso possession It Is nnd of partici
pating In the spoils and ono of these days
we will no doubt hear of a sanguinary fight
for the supremacy between the present colonists
nists and a party of marauders. Although
the stories told about the unknown Island
vary considerably , they all agree that It ex
ists some where about 400 or COO miles couth-
west of Cllpperton in a low coral atoll cov
ered with the richest of phosphates. The
place also has Its legends of pirates' treas
ures , which may or may not have had any
foundation In fact. One of the expeditions
of recent date which have been fitted out to
look for the Island was the Vine expedition.
That vessel's owner claims to have secured
his knowledge of the place from an old sea
captain named Martin , above referred to ,
who died some years ago and left an old
chart among his belongings which told of n
smair Island In the southern Pacific not down
on the regular charts , enormously rich In
guano.
No TrncIdliiK.
Detroit Journal : The horse thief was de
fiant.
"I blame my early training for my un
happy fate ! " he shouted , glaring fiercely
Into the stern faces of the vigilantes , "I
scorn to truckln to popular sentiment by
blaming Mark Hanna ! "
So the hardened wretch died , as perhaps
he deserved to die , judged by the rugged
standards that obtained In this crude west
ern community.
HiiHlncHii in ChlrnKo.
Some Chicago men carry on at the same
tlmo two or moro different lines of busi
ness. Sometimes thcs ; combinations are
lauKhibte. Over the door of n store in
Wells street , relates the Tribune , Is a slcn
which announces " \Vholesals Popcorn nnd
School of .Magic , " In the window of an
olilco in Madison street U an anouncement
that within are to be had "Booka on Love
and Poultry RaisingA South Side hu-
morlst has a placard In his basement win-
down which reads : "Lunches Put Up and
Carpets Put Down. "
"What mlEht have been" If that llttU
cough hadn't been neglected Is the Eud re
flection of thousands of consumptives. One
Mlnuto Couch Cure cures coutUa and colds.
COST OF A KENTUCKY FEUD
Wads of Money Neces&ary for Oemetery
Promotion in the Blue Grass State ,
FIGHTING MEN HIRED FOR SI A DAY
The Ilnkcr-llcnrnril 1'ciiil niul It * 12
tcnnlvc Hit in I lien < loim S trim KC
1'Iinnc uf I.lfc lit llic
llnckivooil * .
The Uaker-Howard feud In Kentucky haa
now reached a atago where It is dllllcult to
predict the outcome. A correspondent ot
the New York Sun reports that the Howards ,
with their allies , the Whites , are decidedly
stronger than the Bakers , hut the Bakers
nnd their friends are the moro numerous
and they may > bo able to maintain a feudal
war against their enemies. Such a war ,
however , Involves the expenditure of much
money. It Is said on good authority that
Fulton French nnd Joe Eversolo spent about
$150,000 on the French-Kversole feud , of
which $100.000 waa paid out by French , as
ho had to hire all his lighting men , while
Evcrsolo had many close relatives who
fought for him without price. The wages
paid Uieso "fighting' men , " as the actual
fighters are called , was $1 a day nnd
"found. " It came out In the testimony.
By "found" Is meant guns , plstola and am
munition , with bacon and bread. These
men In squads of thrco build "blinds" along
the highways traveled by their opponents
and sometimes they wait for days before
any member of the opposing faction at
tempts to pass. It frequently happens that
a squad will "lay out" for a week or more
nnd never see an enemy and they frequently
have to mo/e half a dozen times nnd make
new "blinds" before they get a chance to
fire a shot.
The "blinds" nre tnado by cutting a polo ,
fastening It against the sides ot two trees
and then cutting limbs well filled with leaves
and leaning them against the upper side of
the pole. These "blinds" are usually con
structed about forty or sixty yards from
the road and new limbs with fresh leaves
have to bo cut every three or four days , for
the practiced eye of the mountaineer can
tell dead leaves at a great distance and
thus the "blind" could too delected.
The Bakers have no money with which to
pay men to engage In this sort ot work.
Even the lawyers who prosecuted Jim How
ard for kllllnu old man George Baker were
not paid their fees and they sued for the
money and got judgment , only to find that
the Bakers , who employed them , have no
visible property subject to attachment. The
Howards and Whites , on the other hand , nro
abundantly able to buy guns , pistols and
ammunition for their men nnd to provide
them with provisions besides paying their
wages. To equip 100 men with rides and
revolvers of 45-callber would cost , with the
necessary ammunition , not less than $3,000 ,
and it would require $700 a week to pay
their wages ( for they work at man-hunting
on Sundays ) , to say nothing of the cost of
keeping them supplied with bacon and
bread. Therefore It would cost to carry on
a feudal war with fifty men on a side for
three months not much less than $12,000.
As the Bakers are now practically bank
rupt , and as none of their active friends
will advance the necessary -money. It looks
as If this has come to be a one-sided fight.
With Wiley and Jim Baker In the Barbour-
ville jail , old George Baker and Tom Baker
dead , Doe Baker and his cousins , Bob and
Corlo Baker , nnd Chris Jackson , Tom
Baker's brother-in-law , nt London , twenty-
four miles nway , there seems little likeli
hood of the Bakers offering a very stubborn
resistance Just now.
"Armlen" in ll c Flelil.
The Howards end Whites have already not
less than fifty men well armed and equipped
who are at their command. Many of these
men have 'been ' sworn In as deputy sheriffs
by Sheriff Bev White , and a more accom
plished lot of pistol and rifle users Is sel
dom seen. Many of them have been under
flro In mountain fights , and not n few of
thorn have been wounded In open en
counters. Sheriff Bev White , who Is the
recognized leader of the Howard faction
since Wilson Howard was killed by the
Bakers , began his career as a pistol user
when ho was not more than 15. There was
a general fight In Manchester , and a man
was stabbing his stepfather In the back when
Bev , who had a small 38-callber pistol , began
blazing away at the knife user , but only hit
him onco. Before this fight was over Bev'a
stepfather and a man named Stivers were
killed and another man badly wounded. Bev
escaped tinhurt. Daugh White , the circuit
clerk , who Is now also acting In the capacity
of deputy sheriff , Is one of the most de
termined pistol users In Clay county. When
ho and Bev White's brother , John G. White ,
got Into the light with the Hackers and
Littles at the court house door several years
ago Daugh was shot down by a bullet In
the hip fired by Jack Hacker. Jack tried
to go up the steps as Daugh sank to the
floor , tout before Hacker had reached the
first landing Daugh slightly raised himself
on his elbow and shot and killed Hacker ,
his body falling on the landing.
Sid Baker , the son-in-law of A. Ballard
Howard , has also smelled power from a
liostllo pistol. It was ho who had a shooting
bout with Charley Woolen , In which the
latter was so badly wounded that he fan
never recover. Sid Is one of Bov White's
"deputies. " George Chad and Doc Hall are
also "deputies. " They came from Perry
county , where the French-Eversolo feud
raged for twelve years and cost between
thirty and forty lives. The Halls belonged
to the French faction , and have the reputa
tion of being dangerous fighting men. Felix
Davidson , another "deputy , " Is a desperate
fighter. Ho will fight with either pistol or
knife. On one occasion bo cut David Bolln
In eleven places with a largo knife , for
which ho was heavily fined. Dave Chad-
well , still another of Bev White's "depu
ties , " was In a four-cornered fight In which
ono man on cither side 'Was killed , and It Is
eald that Chadwell got his man on that oc
casion. Dill Holland , one of White's negro
"deputies , " shot a woman on the streets
of Manchester through both thighs. _
Tlic Latent ShootlnK.
Bev White's latest shooting affair was In
the yard of Mrs. Lucas , the old woman who
kept hotel , but was forced to leave town
and go to the country. It was last summer.
3he bad sworn In court at Darboursvllle that
Will White , who was shot 4nd killed by
Tom Baker , had , In her presence , I'hreat-
cncd to kill all the Bakers. This testimony
was given at Tom Baker's trial , and It was
only a few days later that Bov White came
to her house and abused her , saying she
had sworn to lies about his brother. She
denied she had told a falsehood , and then
Bev began shooting In the air above her
head. The old woman Is as courageous as
a Spartan mother , and she told White he
could not scare her by shooting off a revel
ver. He then began firing Into the ground
near her feet. She went Into the house
and ebut the door and he fired through the
windows several times. He then fired sev
eral bullets Into the poatoflice , which is In
ono corner of Mrs. Lucas * yard , one of
which broke ono of the lock boxes. For
shooting Into the postoltlce and destroying
government property he was reported to the
United States district attorney by Jason
Bowling , and this is no doubt the reason
why Bowling ran away from home last week
and went to London. The Whites had been
told that ho bad informed on Beverly , and
they wcro preparing to make it disagreeable
for him.
There hag been a great deal written about
the Whites and Bakers having been enemies
for moro than * half century. As a matter
of fact the Bakers nnd White wcro the best
of friends ten years ago. A leading Ken
tucky attorney said to the Sun correspond
ent concerning this statement-
"Tho Whites and Bakers are not hereditary
ene-mlcs nnd the feud has none ot the ele
ments of the Corslcan vendetta , ns so many
able writers have tried to make It appear.
I happen to know that the Whites nnd
Bakers were the best of friends when Gor-
rarxl Baker , a cousin to Tom Baker's father ,
was waylaid and killed by John Wilson ten
years ago. I was employed to defend Wil
son along with Judge Jnmcs Black of Bar-
boursvllle. Wo found the Whites were the
best friends the Bakers had and the feeling
ngalnst Wilson ran mountain high. It re
quired three trials to dispose of the case
In the first two the Juries hung. By this
time every man In Clay county had formei
nn opinion , ns the trials were largely at
tended. A Jury had to bo procured from nn
adjoining county for the third trial and wo
had the satisfaction of seeing our client
acquitted , much to the disgust of the Whites
nnd other friends of the Bakers. Some o :
these men even went so far ns to abuse
Judge Black nnd myself In n violent manner -
ner and they scored the judge for sending
out of Uio county for n Jury.
Killed III AinliMHli.
"Tho feeling ngalnst Wilson was so stronr
that ho left Clay county and went to Madi
son , where ho lived until last year , when
he came back to Clay county , and In loss
than n month ho was killed from nmbush
presumably by John Baker , son of the mar
he killed nine years before. Had ho killer
Wilson Immediately after ho was ncqulttei
for murdering his fnthcr the Whites would
have rushed to his rescue , but , owing to the
changes of the past year , they were so
nnxlous to kill Bakers that when John
Baker was recently waylaid and shot to
pieces the crime was nt once laid nt the
door of the Whites. "
Another leading attorney , who , for obvious
reasons , does not wish his name used , said'
"Tho man who killed Tom Baker from Rev
White's house was the most nervy man I ever
know. Homust have known that detection
meant death or n , life term In the peniten
tiary , and I do not believe n mnn would take
mich an awful risk for money. There mtis
have been some higher controlling mollve
than money. Then who did It ? Certainly n
man who dreaded Tom Baker and who
wanted to get revenge on him. Tom was the
most dangerous man on the Baker side am
scores of the Whites nnd Howards breathe
easier. I bellcvo the Whites are satisfied
now that Tom Baker can do them no ham
nnd will not try to kill any more Bakers
unless the latter kill some member of th (
White faction. "
An attorney who .had n long talk will :
Tom Baker a ehort while before he was ehol
said Tom made this stntoment to him :
"If I can get two or three of the Whites
and Jim Howard I would be willing for them
to burn me at the stake. "
The attorney said he believed Tom Bakei
> was the coolest man ho ever saw In th
presence of danger ; that the 'Howards and
Whites were aware of this fact , and for that
reason the most desperate chances wort
taken to elay him , even while a prlsonoi
under the protection of 100 state troops.
A man well acquainted In the adjoining
counties of Laurel , Jackson , Leslie , Owsley ,
Letchcr and Knott says that the killing ol
Tom Baker Is just the beginning of the feud ;
that his relatives and friends from these
upper counties will come around Into Clay ,
and that some moonlight night they maj
have a pitched battle In the streets of Man
chester , In the same manner In which the
Strongs and Amys fought In Breathltt
county.
CIUI.DIIEN'S PLAYHOUSES.
I.ltlle HoiiHon ( hut Can lie Set Up on
( lie I.aivii Without Trouble.
There are made nowadays children's
portable playhouses that can bo put up on
the lawn of a house In the country. One
house of this sort 1s six feet four Inches
wide , nine feet six Inches lonog , nnd eight
feet nine Inches tall from the floor to the
point of the gable. This house has one door
and ono window. The window is divided
vertically in the middle , the two halves
opening back on hinges at the side edges.
The door has a glazed sash In its upper
part , nnd It has also a lock and key.
These houses are built In sections and
they can bo put up In different ways , that
Is , they can he set up with the door In the
front nnd the window in one end of the
house , or they can bo sot up with both the
door and the -window In front ; the sections
are interchangeable. There is provided for
use with the house a veranda roof , which is
made In sections of the same width as the
sections of the house itself , so that these
veranda sections can be- put up together ,
making n continuous veranda along one side
of the house , or they can bo put up one
over a door and ono over a window. There
are made , also , for use with these play
houses , If desired , outside blinds and screens
for doors and windows. The gable ends of
this house , under the roof , are shingled ; the
side walls are of matched pine , as is also
the floor , which Is made In two sections.
This house can bo put up and taken down In
a few minutes.
A portable playhouse of this size costs
$73. There are made , also , children's
portable playhouses with two rooms , the
second room being a kitchen extension ; nnd
portable playhouses are roado with three
rooms , the added rooms In this case being a
kitchen and a bedroom. A three-room play
house costs about $225.
All sorts of furniture In suitable small
sizes can bo bought for the furnishing of
these houses , Including- chairs and tables
nnd settees and various other articles In
wood and In wlckerwork , handsome little
desks , and everything needed for parlor or
library or dining room * and there can bo
bought for kitchen and other uses the most
complete outfits , Including stoves of the
most modern description and equipped with
every sort of cooking utensil , and there
can be had also little washing machines and
Ironing boards and so on ,
The playhouse , in fact , whether It be of
ono room or more , can bo furnished as com
pletely as a house of ordinary size.
HIM. STVIS'S OYCLOMS.
IleinnrkB of Iloniiiernnw "Wlllliiiu
After ( htt DlHturliiinoc.
Flftoen years ago a cyclone came out of
the depths of St. Crolx lake , swept over New
Richmond and Clear Lake , Wis , , In thn
blistering heat of an afternoon and after It
had passed the searchers found Bill Nye In
the windfall of a plno forest suffering
from a broken leg. Ho was conveyed to his
homo In Hudson , where his humor served
to lighten tbo weary days of waiting for the
.leg to heal ,
When the storm came Nye was driving
through the forest with his brother , a resi
dent of Clear Lake , and bad a very narrow
escape from death. In tbo path of some
eighty mllea In length , and ending with a
cloudburst that ( loaded the towns of Kau
Claire , and Chlppowa Falls , tbo cyclone sac
rificed nearly 100 lives and removed ono
village temporarily from the face of the
map. I found at Turtle Lake , eleven miles
from Clear Lake , a portion of tha church of
the latter town. Between New Richmond
and Clear Lake at a farm house In a pine
clearing I saw the body of a little girl
through which had been driven by electrical
force a plno splinter as long as a blade of
grass and as attenuated.
The first work that I did upon the storm ,
says a writer In the Chicago Times-Herald ,
was to secure an Interview from Nye , and
the extracts given herewith are what bo
had to say of his experience. He subse
quently redressed the Interview and Incor
porated H In his permanent work. At the
time of the cyclone It was copied far and
wide and was regarded as one of tbo choice
bits of humor of the genial wit.
"I never did anything , " ho eald , "to a ,
cyclone. There Is no reason why , cyclone
should attack me. I never nixtd anything
mean of A cyclone , never criticised any ot Its
relatives , never mndo fun of Its mother-in-
law ; in fact , I alwny.t minded iny own bust-
lies * in regard to cyclones and was the vic
tim of a base assault.
"Why should a cyclone single mo out ?
Why should a cyclone make mo a target for
Its low wit ? If I hnd ever given a cyclone
reason for Its attack there would bo some
explanation for my present condition , but I
am nn Innocent man. This shown that the
cyclone possesses many of the characteris
tic ! ! ot an Indian. It Is not to bo trusted.
I wouldn't take the word of a cyclone after
my recent experience under nny circum
stances. "
Ho said further :
"I hnvo lost faith In cyclones. No man
can continue to believe In n cyclone after he
has been betrayed. Hnd the cyclone given
mo proper warning , had It nld that at such
and such a time It Intended to make a visit
to where I was Inspecting the luxuriant
timber growth of beautiful Wisconsin , I
would have known what to do. I would
have gene somewhere else nnd engaged In
other pursuit while the cyclone was attend
ing to Its business engagement. I am no
rival of the cyclone to bo treated In this
manner. I didn't oven bear It a grudge.
Nothing that I have done In my past life
could bo construed ns having warranted n
cyclone In taking umbrage at my presence
when It came along. Had I been consulted
In the matter I might have been willing to
oven have gene Into business with the cy
clone and given It pointers which would
hnvo been of advantage to both of us.
"But , " ho said , "no fairness was shown
me. I was struck from behind , maliciously
approached , dcfenselcssly hurled to the
ground , trod and spat upon and left to con
sider the futility of nny effort on my part
to be upright nnd square In my dealings
with cyclones. "
Ono of the last things Nye said of the
storm was :
"If I had wished to I might have struck
back at the cyclone. I might have made
myself disagreeable and caused n change In
Its plans. But I refrained. I am not of u
revengeful spirit , and then I know when I
have had enough of a good thing. I
wouldn't ride a free horse to death under
any circumstances. I Just accepted things
as they were and made up my mind that
hereafter the cyclone could not travel In
the same social sot that I did. If It at
tempted to I Intended to cut It dead. "
OMAHA GENRRAIi MAUICET.
Condition * of Trndc nml Quotation *
on Stn | > Ie nncl Fimey Proiliirc.
EGGS Receipts large ; good stock weak
at lie.
BUTTER Common to fair , ll < [ j12c ! :
choice , 1214c ; separator , 18c ; gathered
creamery , IGc.
POULTRY Hens , live , T STSc ; oprlng
chickens , 15 ( fl6c ; old and staggy roosters ,
live , SVfcSSc ; ducks and geese , live , C@7c ;
turkeys , live , 8c.
J'lG EONS Live , per dozen. 75c@ 1.00.
VEALS-ChoIce , 9c.
FRESH WATER FISH-Catflsh , per lb. .
12c : buffalo , per lb. . dressed , 7c ; white
fish , 9c ; lake trout , Sc ; yellow pike , dressed.
9c ; white perch , 6c ; bullheads , dressed , lOc ;
black bass , 9c.
SEA FISH Haddock , 10c ; blue fish , lOo ;
roe shad , each , 40c.
VEGETABLES.
WATERMELONS Texas , crated for ship
ment , 16-820C.
CANTALOUPE Per crate , J1.50S1.75 ;
ba-skets , 85c@$1.00.
WAX BEANS Half bushel basket , 6375c ,
PEAS Per basket , BftfffiOc.
RADISHES-Per dozen bunches , lOc.
TOMATOES Per 4-basket crate. Jl.efrffUS.
ON IONS Home grown , per doz. bunches ,
according to size , SSlGc.
BEANS Hand-picked navy , per bu. , $1.50.
POTATOES-Old stock. 2ft3Sc ; new po
tatoes , G03f 5c per bu ,
CUCUMBERS-Per dozen. 45@50c.
CELERY Per dozen. 35SMOC.
FRUITS.
APRICOTS California Royal , per crate ,
CHERRIES Home grown , 15-lb. baskets ,
R.ED RASPBERRIES-Per 24-plnt case ,
BLACKBERRIES Per 24-quart case ,
BLACK RASPBERRIES Per 24-ptnt
case , Jl.TolffZ.OO ; 24-quart , $2.7503.00.
STRAWBERRIES Oregon. $2.75.
TROPICAL FRUIT.
PLUMS California per crate , $1.50 ; Trag
edy plums. $1.7502.00.
ORANGES Mediterranean sweets , $4.76.
LEMONS California , fancy , $4.60 ; M s-
slna , fancy , $5.00 < g5.60.
BANANAS Choice , crated , large stock ,
per bunch , $2.5002.75 ; medium-sized
bunches , $2.00 < J2.25.
CALIFORNIA PEACHES-Per box , 90c@
$1.00.
HIDES. TALLOW , ETC.
HIDES-No. 1 green hides , 7Vlc ; No. 2
Kreen hides , fi'/ic ' ; No. 1 salted hides. SWc ;
No. 2 salted hides , 7 > 4c ; No. 1 veal calf , 8 to
12 Ibs. . lOc ; No. 2 vent calf. 12 to 15 Iba. , Sc.
TALLOW , GREASE , ETC. Tallow , No.
1 , 3Hc ; tallow , No. 2 , 3c ; rough tallow , l'/4o ;
white grease , 2'/403c ; yellow and brown
grease.yiiVAc. .
SHEEP PELTS Green salted , each , 15 ®
75c ; green salted shearings ( short wooled
early skins ) , each , 15c ; dry shearings ( short
wooled early skins ) , No. 1 enrh , Cc ; dry
flint. Kansas and Nebraska butcher wool
pelts , per lb. , actual weight , 4Q5c ( ; dry flint ,
Kansas and Nebraska murrain wool pelts ,
per lb. , actual weight , 3 < ff4o ; dry flint , Colorado
rado butcher wool pelts , per lb. , actual
! weleht. 4ISc ? : dry flint , Colorado murrain
wool pelts , per Ib. , nctunl wrlcnt. 304c.
Wool MnrUot.
LONDON. July 4. Thftfi was a full at
tendance nt today's wool pales nnd the de-
tnnml was strong. Lnrgo cntaloRU of imp
cTCHs-brccds , merinos nnd eontlnentm
Krenolo * were offered fr'eiy. The number
of bolts offered aggregated 14,673 bales , In-
cludlnp many good line * of Queensland ami
New /.calami greasy merino * . which polil
animatedly at 10 per cent ndvnnee. There
was n hardening tendency for medium
scourrds. which were under n strong con
tinental < l tnnnd Fine cross-lireeds worn
dllllcult to purchase. The sales of the day
In detail nro ns follows : New South \\a\et.
1.600 bales ; scoured. Is 4H < KtMs lid ; grMsy.
Sspls 3d. Queensland. 1.400 bales ; scoured ,
is Pd nnd is Slid ; greasy. Gd nml Is lid
Viotorln. l.SOO bales ; scourol. Sd nnd la 9d
groapy , M nnd In lid. South Australia , 6
bales ; greasy , fiHd nnd Is llfd. t - '
Ausrnlln. 100 bales i greasy. SJiSHd. Now
Zealand , 7,200 bnles ; scoureu , 6d nnd Is lid ;
greasy , 4 4d nnd Is. Ciipe of Good Hope and
Natal. 1.500 bales ; scoured , Is and Is 2d ;
greasy , 6 4d nnd 1 .
" .
l-"orrlfttt
LONDON , July 4-Gold nt Buenos JVrrfi.
111.20. American railway shnr-s were fairly
steady today , but business \v.ns restricted ,
owing to the holiday In New York. Spanish
4s closed nt 69.S7'4. ' . , . . . . .
HERL1N , July 4. Business on the l > pV e
today wns quiet nnd steady. Coal slvcs
ndvnnc : > l. but nftor the close of the. o\.rs
they declined. Transvnnl rnilron.l shares
were easier. Exehnnge on London , 20 marks
23H pfss. for checks.
1'ARIS. July 4.-Prlces on the .u01" } " . | -
dnv opened Hrm nnd advanced , but subsc-
miently b'cainc Inactive. Spanish 4s were
rensourliiR.Spanish news. Ro
strong on rensourliiR.
tlntos were Hrm , despite the fnct that the
slnUMIcs were less favorable than hnd been
expected. DtHJecrs mines were irreKUlijr
In
and closed firmer. Knfllr * started heavy
favorable reports In rc-
spite of the more
Transvaal nnd purchases on
chr.1 to the
London account , but closed higher -than the
low t. Three per cent rentes , lOlf IBc for
the account. Exchange on Ivondnn. Z. r uo
for checks. Spanish -la closed nt r. . .
lilvrrntiol ( Jrnln Market.
L1VERPOOU July > -w BAT-J.9"1
Snot firmNo. . 2 red , western , winter ,
iHtocks exhausted ; No. 1 red. northern , Du-
" COR'N Sp'ot firm : American mixed , old.
ReVe'irvts ' of wheat durlne the last thrco
dnv , 321.000 centals. American Including corn 2 ' ; .0 < x)1Ani5r.1 ; ; If I ,
can. Receipts Weather I
Inst three days. 40,600 centals.
cloudy and dry. f j
_ _
_ _ _ _
London StooU Quotation" .
LONDON , July 4. Closing :
ConnolmoncyMornUS X. Y. Contrnl 145
-
Consols , account..107i Pennsylvania .O11
* . I'ttClllC. . . .100 % IlWNilnK *
firnrl1n.n .
\ . an t uini * vtnv. * ; . : " . % . . .i fit
. .
rto. iiipM KAlchlson
lllliiol * Central . . . .l 'i I- & N. . . .
Nor 1'ncinc t > M. . . . > "r " 1' rllnk
St. I'mil common..134'i Anncnrula
JOBBERS AND WUFAOTIMRS
OK OMAHA.
HARNESS.SADDLERY.
J HHaney&Co.
W JU'fn
iTAitifjssH , SADDLES AXD COLZAUB
febbtrt of Leather , Saddlery Hardware , Etc *
We solicit your orders. 313-315-317 S. 13th.
BOILER AND SHEET IRON WORKS
, Wilson
& Williams
Bucecaiora IVIIcon & Drake.
Manufacturers boilers , nmoke ntnck > and
preachings , yrciaure , rendering , Bhecp dip ,
lard and ' .rater tanks , boiler tubes con-
itantly on hand , nocona hand bollem
bought and old , Bpcrlal nnd prompt to
repair * In city or country. Hth nntl Pierce.
I m f VMMH V >
BOOTS-SHOES-RUBBERS ,
American Hand
1 V Sewed Shoe Co
M'frs g Jobbers of Foot Wear
The Joseph Danifjan Rubber Oo.
CHICORY
The American
\ Chioory Go.
Orowen und n nuracturer of all ( erma ot
Chicory Omthi-rremont-O'Nill.
DRY GOODS.
E , Smith & Co.
lip rtra cad Jobber * of
Dry Goods , Furnishing Goods
AND NOTIONS.
HAH SILVER Steady at 27 11-led.
- bills.
1 % per cent. _
Oil Market.
LONDON , July 4. OILS-UJisPed , 103 1
turpentine spirits , 31s iwl.
Mnm'liFHtrr Textile KnlirlOH.
MANCHESTER. July 4.-Cloths and yarns
firm and dull. _ _ _ _ _ _ _ _ _
IliniiltilK DIMVII 1IOK" " IiiUrir .
PITTSDUUG , Ta. , July 4. United States
arrested five men
secret service aRonts
hero today on suspicion of being impli
cated In a counterfeiting scheme.
It Is said that certain pnrts of the city
have been Hooded with bogus dollars nnd
secret service men claim that the men
the
under arrest know something about It.
is supposed to have
of the prisoners
One
spurious coin with a face value of $1,500
Plttsburs.
hidden within a few miles of
who made the
Is alleged that those
coins It sold it at the rate of ? . .oO for $100
worth.
IT PAYS YOU TO BE
\\TITI-I us.
WE MAKE MONEY
for our customers.
PIIADAUTCC Your PRINCIPAL
bUAKANltt 5 par-cent per month
dividend.
We paid 15 per cent in May. Be In time
to take advantnege of July dividend payable
August 1.
Write for Pamphlet.
"DO YOU or DO.VT YOU. "
22 K lniitto
6 , A , & Boston , Moss.
'HRPEMNEYaCO. '
81
BOOM4MrLIFEBLD& . BRANCH l03aHAt \
OMAHA ntn. UNCOU1 MECV
JAMES E BOYD & CO , ,
Telephone 1030. Omaha , Neb
COMMISSION ,
GRAIN , PROVISIONS and STOCKS
1IOAI1O OP TltAUB.
Direct wlrfix to Chicago and "few York.
Corrtipondentii Jtibn A. Warren & C&
DRUGS.
E. Bruce & Co.
Druggists and Stationers ,
"Quwn Bee" BpecUIIlM ,
OJr nx Wine * and Urtnaim
Omcv 10th ud Uuntr Btrt&
ELECTRICAL SUPPLIES.
_
\A/estem Electrica
vv Company
Electrical Supplies.
John T. Burke ,
CONTKACTOK J OH
ELECTRIC LIGHT
and PO WER PLANTS
_ 421- South 1 fith St.
HARDWARE.
! ee-Glass-Andreesen
Hardware Co.
Wholesale Hardware.
Bicycles and Sportlne Goods , Ull-B.M H * *
ncy Street.
SAFE AND IRON WORKS.
'he ' Omaha Safe
T and Iron Works.
% G. ANDREEJs , Prop.
llakus a specialty of
E80AI-EH ,
BlUJlTKlis.
. . " " * * uU Uoon , .
V.Y.T-is "JJ" etc.
T ii- , :
OiO B Jltu 8L , Ouinhnj NeU , _