THE OMAHA DArLY BEE : WEDNESDAY , OCTOBER 4 , 1800.
SUPREME COURT SITS AGAIN'
Host of the Time ia Given Up to the
Arguing of Motions.
BARTLEY BONDSMEN CASE IS ADVANCED
JUIKC ) Hjnn I'rpimrcii nn Rxtcimlvc
llrlcf to He Kited In the Cnc
of Cornell
1'iiyiilcr.
V
LINCOLN , Oct. 3. ( Special. ) The supreme
premo court began Its second sitting since
the summer vacation today. Most of the
lime was spent In arguing motions. The
case of the State against , the bondamcn of
Treasurer Hartley was advanced. The case
of the Pacific Express company against thu |
6tato Board of Transportation , a companion I
cult to the Nebraska Telephone case decided
by the court at the laat sitting , was set [ or
hearing November 8.
Judge Hyan , assisted by W. 11. Price of
the auditor's office , has prepared an extcn-
nlvo brief to be fllc < l In the case of Auditor
Cornell against Governor Poyntcr , Involv
ing the legality of the Weaver law. This
brief will bo filed in the supreme court to
morrow. It begins with the following state
ment :
"At the threshold of tills case we deem It
our duty to challenge the attention of this
court to the Insidious danger with which our
system of government Is threatened. With
every change In party dominance In this
state there have been Inaugurated changes
whereby the party most recently successful
lias sought to deprive the defeated party of
Its patronage or prerogatives , In the en
deavor to accomplish Its purpose the ma
jority of the two houses of the legislature
has not hesitated to wrest from Individual
ofllcers their rights and prerogatives to sub-
servo present shortsighted purposes , no
matter how much at variance with sound
policy such measures may bo. The ovll Is
Bet ono Involving questions of more prefer
able or judicious policy ; It Is one of radical
wrong which , happily , sometimes returns to
plague the Inventor. Wo do not say or wish
to Intimate that In this case the governor
m j was actually Influenced by the consideration
* that by the act In question ho was created
insurance commissioner and , as such , was
put In possession of now powers and a more
extensive patronage , but we protest against
It a a precedent for future innovations. In
this path future legislation may advance to
the practical extermination of the functions
of not only the auditor of public accounts ,
y.-tljut to those of every state office , except they
administrative functions
y governor , In whom all
tions may be concentrated. "
Following a quotation from Hamilton on
constitutional limitations , the brief con-
"In the above quotation there is stated the
considerations which render desirable , or
necessary , the reservation to the governor ot
the veto power. To confer upon this officer
the entire functions , patronage and advan
tages created by legislative enactment In the
Mil presented for his approval tends to lull
executive vigilance , and In the same degree
Ibetray the safeguards above enumerated. By
employing false pretcnees under which
executive state officers are feigned to act ana
1 > y creating offices whoso functions are In
tended to bo exercised alone by deputies the
distinctive departments of the state govern
ment arc confused and Intermingled , resultIng -
Ing In a complete absence of all sense of pef-
sonal responsibility. Each session of the
legislature sees the increase of these ghostly
creations ; with this ono It Is high time these
fictions of statute and figments ol Imagina
tion should cease , for now the extreme of ab-
eurdlty has been reached. *
"There Is another danger and that Is that
the executive may be rnot merely lulled fnto
non-action , but that 'by ' the personal advan
tages of the hill to himself or his dependent * ,
that ho may be Induced to favor measures
which uninfluenced ho would have unhesi
tatingly vetoed. The case Is not unlike that
ot a judge passing upon questions which
directly affect hla own Interests. It is po .
slblo and quite probable that a fair ad
judication may often bo obtained and yet nt >
fair-minded Judge would willingly submit
blmself to temptation. "
Federal Court Tinten ,
Judge Munger In federal court this mornIng -
Ing Instructed the Jurors to report for duty
Thursday morning. Until that time the court
will devote Its attention to motions and
equity matters. The following cases have
licen marked for trial :
Klrst National Hank of Rapid City against
Fitzgerald ; Penn Mutual Life Insurance
company against William M. Clark ; Pcnn
Mutual Life Insurance company against
Joseph W. Winger et al. ; Metropolitan
National Bank agalr.st Peter Janfen et al. ;
Kearney County Dank against Merchants'
Dank of Lincoln ; Marie Hlebbler against
Chicago , Burlington & Qulncy railroad ;
Western Manufacturing company against
Klngman & Company ; Isaac Holt against
CharleH W. Mcsher et al , ; Utlca Bank
ngalnst Charles W. Moshcr ct nl ; Bank of
StaplohurBt against Charles W. Mosher ct
a ) . ; Thomas Bailey against Charles W.
Mosher ct al. ; Jones National Bank against
THE IDOL OF THIS TUHF.
The Mont 1'opulnr .loclic-y In Ann-rleii
and ISiiKlnuil Urcuiuim-mln
Stunrt'H IINiit > iiNln
Tnli ! < ( * .
No Jockey has ever appealed so strongly
( o public favor as Ted Sloan.
He has achieved more1' than hie most noted
predecessors over attempted and stands in
a class by himself ,
Not satisfied with his successes In his na
tive country , ho went to England and now
his fame as a , successful horseman Is on
the tip of every tongue not only In this
country and England , but In every section
of the gbbo where racing ban found favor.
When Ted first went to England his to-
morl y was openly laughed at , but the little
American played skittles with his English
rivals and his victories made all England
gasp.
Having the stamp of royal approval , so.
doty both it homo and abroad "lionize"
him and bo is feted and petted to an ex
tent that would turn an ordinary mortal's
head.
The great Jockey was In such demand so.
dally and dined and wined to such an ex
tent that It was feared his henlth would
Rive way. Too much society and the ner
vous strain of racing told an him.
A two weeks' trip to America made him
acquainted with Stuart's Dyspepsia Tablets
and their remarkably restorative effects on
a depleted digestive apparatus and he rec
ommended them In unstinted terms to a
friend , saying "Stuart's Dyspepsia Tablets
ere the best thing I know of for keeping the
stomach in condition and appetite In good
repair. "
Thousands of former dyspeptics can
vouch for the truth of Ted Sloan's words ,
em "Stuart's Dyspepsia Tablets" have be-
com c household word In America , and
few families are without them. Ono or two
taken after meals keep HIP stomach sweet
by causing prompt and healthy digestion of
the food.
Perfectly healthy people use them after
heavy dinners to keep their gcod health and
to make sure that no 111 effects will follow
an unusually hearty meal.
Your druggist will tell you or your doctor
cither that Stuart's Dyspepsia Tablets nre
composed only of digestive ferments , Ascep-
tlc Pepsin , llydraetlg , fruit acids , etc. , and
tor the strong stomach , as well as the most
delicate constitute a safeguard against In-
dlgeitlon and stomach troubles.
Charles W. Moohcr et ! . ; Ralph BurKor
against Chicago. Burlington & Qulncy railroad -
road ; Elizabeth P. Pepper against K. 1) .
Oould ct al. ; George W. Mitchell against
Chicago. Burlington & Qulncy railroad ;
ftobert N. Turner against Union Pacific
Railroad company ; Penn Mutual Life In
surance company against New Lincoln
Hotel company.
Judge Munger today listened to arguments
on ft motl"n of defendants to strike certain
matter from the petition of E. M. Wester-
velt against George Mohrcnstecher , 0. A.
Mohrcnstechor. Mary Mohrenstccher , Wil
liam Stull and A. W. Alvcock. George Mnh-
renstechcr was cashier of the Citizens' Nn-
tl'-nal bank of Grand Island , and the rther
defendants were sureties on his Fidelity
bond as cashier to the bank.
The Institution failed In December , 1893 ,
and Wcste.rvelt was named as receiver.
Later he brought suit on the $10,000 bond ,
claiming there was a breach thereof and
that Mohrenslechcr by n device had borrowed -
rowed some J1S.OOO by loaning that amount
on notes of himself and A. H. Baker. The
, case was tried by a Jury which returned n
I verdict of $10,000 for the plaintiff. The
United States court of appeals reversed the
decision and ordered a now trial.
The State Prison Board passed a resolu
tion today authorizing Warden Hopkins of ]
the state penitentiary to clcso contracts for
I
prison labor.
Congressman Burkctt Is slowly recovering ]
from a severe attack of appendicitis , from |
which ho has been suffering for several days.
Niiiillrn | for StntilitNtItutIOIIN. .
The Board of Purchase and Supplies has
awarded contracts for the furnlchtug of sup
plies to the different Institutions for the
quarter ending December 31 , 1899 , as fol
lows :
Kearney Industrial School Coal , George
H. Downing ; staple groceries , Raymond
groceries , Coddlngton ;
Brothers ; fancy
,
Hour nnd feed , Chauncy Abbott ; leather
Lincoln Leather company ; meats , Cudahy
Packing company ; dry poods , C. 13. Smith
nml L. C. Qregg ; crooknry , W. 13. Jackway
& Co. ; oil , WallaceBiers. .
Institute for Feohle Mlnde < l Youth ,
Beatrice Coal , Sheridan Coal company ;
, Hiirgrenves Brothers ;
sttiplo groceries
. 1'earsall meats. Cudahy Packing
bread , S. J. ;
ing company.
Mllford
Woman's Industrial Home ,
Whltebreast Coal company ; staple
Conl , . Laune fancy groceries , C.
groceries , C. L. ;
. A. Johnson
F.
L. Blackburn ; Hour and feed.
son & Co. ; meats , Swift and Company ; dry
Kood.s , Fitzgerald Dry Goods company ;
shoos , C. L. Laune.
. H.
Girls' Industrial School , Geneva-Coal.
W. J.
groceries ,
and fancy
B. Miles ; staple
Carson ; drugs , T. S. Fclganbnum ; meats ,
Swift and Company ; dry goods , Solomon &
Nathan.
'Mllford
Soldiers nnd Sailors Home.
White staple and fancy
;
Victor
Coal , ICenagy & Klnslnger ; Hour. F. L.
groceries ,
Johnson & Co. ; meats , Armour & Co. ;
shoes and clothing , Mayer Brothers.
Homo ot the Friendless , Lincoln Coal ,
and
W.hltebreast . Coal company ; staple
'fancy ' groceries and tea und coffee , Charles
M. Sc.'tz ; drugs , Harlcy Drug company ;
ice , P. H. Cooper ; meats. S. W. Gettler & Co. &
llerpolslielmer
Brothers : dry goods ,
State Penitentiary , Lincoln Staple cro-
, Raymond
cerles , Hnrgrenves : fancy groceries
mend Brothers ; Hour , Chauncy Abbott ;
. Swift
drugs. Hnrley Drug company ; meats.
&
dry goods , Fitzgerald
nnd Company ;
' furnlsh-
Co. ; hardware , Rudge - & 'Morris . . ; aitlHmre.
. , , . . , . . .D. ,
Ings , Glebe doming1 coniimuj ,
Edward Serf.
Hospital for Insane , Lincoln Staple groceries
Brothers ; fancy grocer
Ilargreavcsv
ceries ,
B. O. Kosta ;
Brothers ; drugs ,
les , Raymond
meats , Armour & Co. ; dry goods , Herpols-
helmer & Co. and Fitzgerald & Co , ; clothIng -
Ing , Mayer Brothers.
Coal , Glen
Hospital for Insane. Norfolk
Rock Coal company ; staple and fancy
Raymond Brothers ; flour Sugar
groceries ,
City Cereal Mills ; dry goods , Johnson Dry
Goods company : hats , Slayer Brothers ;
clothing , E. B. Kenyon.
Hastings-
for Chronic Insane ,
Hospital Sheridan Coal company and II. B.
Coal ,
Miles ; staple groceries , llargreaves ; fancy
Trimble , Blackman & Alexander ;
groceries , drugs , A.
Hilling company ;
flour , Hastings
FI. Farrens ; dry goods , William Brach ;
. Falk.
W. J.
shoes. Klrby & Day ; clothing ,
' Island
Soldiers' and Sailors' Home. Grand
Coal , Victor White and Whltebreast company
Brothers
staple groceries , llargreaves
pany ;
Brothers ;
groceries ; Raymond
ers ; fancy
.Milling company ;
and feed , Hastings
flour
meats.
& Farnsworth ;
drugs Armour , Tucker & Co. ; dry goods and shoes , S. N.
Wolbach ; burial cases , W. R. Stevens.
IIOLCOMD S.NUUIIKD AT FUIjUISItTON. r
Third Term Nomination * Arc n Iitvoly
Iinuo at Went Toliit.
FULLERTON , Neb. , Oct. 3. ( Special. )
The much advertised Holcomb meeting at
Shcaft's opera house came off yesterday an
hour and a half late because no one was
present at the appointed hour except the
speakers , two women and one or two other
persons. The political atmosphere was ex
tremely pjlar , and the two ofliceseekcrs did
not succeed In thawing It out during their
stay. At no tlmo were there more than 100
In the audience ,
WEST POINT. Neb. . Oct. 3. ( Special. )
has nominated
convention
The city republican
nated William Dill for supervisor , John H.
Llndalo and D. J. Crellln for justices of the
peace and Joseph Ferris nnd Gustavo New
man for constables. The democrats nomi
nated John Melster for supervisor , A. D.
Murphy and F. A. Mewls for justices of the
peace and J. W. Hodges and William Mai-
chow for constables.
Much Interest Is manifested In the forth
coming republican county convention from
the peculiar condition of affairs which baa
developed In the democratic fold. The nomi
nation of the prcnent incumbents for sheriff
and school superintendent for a third term
has provoked a storm ot opposition on the
and Influential section of the
part of a large
democracy , and it Is confidently believed n
big slump will occur on election day , while
the unmerciful snub administered to the pop
ulist nnd frco silver wing will result in an
other marked decrease In the democratic
majority.
MSIIIIASKA'S IMIY SIMjMj IIUOICKX.
Crop Condition * nnd Ilnrvont NI-TVH
from VarlnuH Point * .
WEST POINT , Neb. , Oct. 3. ( Special. ) A
copious rain fell last night , soaking the
ground for about three Inches , settling the
dust which had become almost Intolerable.
Fall plowing Is fairly started and some farm
ers arc husking corn. A great scarcity ot
hands Is complained of on all sides and It In
almost Impossible to hire men to pick corn
at any price.
WINSIDR , Neb. , Oct. 3 , ( Special. ) There
was a soaking rain here last night which had
been needed , as the ground was too dry for
fall plowing. The corn crop will be of average -
ago yield and farmers are beginning to husk
It , as It Is dry and In excellent condition.
Some have not yet flnl.ibed putting up hay ,
which Is of good quality and commands a
high price.Vhcit : and oats are being
thrashed , the frrmer being very light and ; i
short crrp nnd the latter being of line quality
nnd quantity.
ST. EDWAUD , Neb. , Oct. 3. ( Special. )
Halu fell nearly all of last night , beginning
with a thunderstorm.
ALL TIIH WATSO.V COl'XTS STAND.
Motion to Strike Out Pour Overriilrcl
Inrlirnnliii ( ' ! ( > Court * .
NEBRASKA CITY. Neb. , Ot. 3. ( Speclil
Telegram.1 In the case of the State against
John C. Wntson , charged with forgery , ttu-
defense today filed a motion ti strike four
counts from the Indictment , but after three
or four bourn of argument the Judso over
ruled the motion. The taking of evidence on
the part of the state will be resumed tomor
row morning.
The prosecution Is represented by County
Attorney W. W. Wilson , A. J. Sawyer or
Lincoln , E. F. Warren and John A. Kooney
of this city , and the defense by L. W. Colb
of Beatrice , Matthew Gerlng of I'lattemouth
and John V. Morgan and Sloan & Moran of
this city.
Second Oil ) ' of Niittoii Ht-iiiilon.
BUTTON. Neb. . Oct. 3. ( Special Telegram -
gram ) This was the recond day of the Cen
tral Nebraska Grand Array of the Republic
reunion , and J. C. Merrill called the veteran *
to order in the city park and the Invocatlah
was delivered by Ilev. Smith of the Methodlu
Episcopal church. At the conclusion ot
prayer Mn. Meyers and a quartet of singer *
pang. Mayor Jacob Bender then made the j
welcoming address. Colonel M. V. Cole ,
commandant of the camp , delivered one of
his pleasant talks and was followed by
Colonel Gage.
TO llfV CATT1.K.
AVhjONrroIit'fl MortuitKO Hreoril l <
.ShouliiK nn Iticrriiard Drill ,
OSCEOLA , Neb. , Oct. 3. ( Special. ! At
this season of the year there Is usually nn
Increase In the mortgage Indebtedness of the
county on account of the large number of
cattle that are bought and shipped In to
feed on Ihu surplus corn , nnd the last month
Is not an exception , as shown by the records.
There were sixteen farm mortgages filed ,
amounting to J20.70S.85 ; thirty-one released ,
amounting to $33,627.50 ; city mortgages filed ,
12,330 ; city mortgages released , $3,800 ; chat
tel mortgages filed , $63,808.20 ; chattel mort
gages relejscd , $17.381.C. ; making an In
creased Indebtedness ot $31,057.00.
Tramp Thief Arrpt * i1.
KBAHNUY , Neb. , Oct. 3. ( SpoJlal Tele
gram. ) Chief of Police Overmclr found that
several of Kearney's small bays had bought
new $1.50 knives from a tramp during the
morning .it 25 cents each and thinking that
something must be wrong started out to look
up the tramp. He was found at the stock
yards and upon being searcheJ but a single
knife waa found. Another tramp sitting
nearby Informed the policeman that just
before he came up tramp No. 1 had slipped
two knives under some railroad ties and
proved his statement by digging them out.
Upon a more thorough search being made
over forty knives and two revolvers wcro
found. The tramp was taken to the jail ana
had just been put In a cell when a telegram
was received by Chief Overmler from the
police at North Platte staling that a hard
ware store had been robbed the night befort.
and asking him to keep his eye open for tin.
thief. The tramp gave In his name na Bert
Connors nnd says he Is from the west.
AVolvo * Ilnlillntr CliluUm YiirilK.
WINSIDE , Neb. , Oct. 3. ( Special. )
Wolves are numerous and very daring In the
country surrounding Wlnslde. They roam
about In bands of five or six nnd attack
poultry with Impunity , even catching
chickens 'beforu the very eyes of their own
ers and In spite of attempts to drive them
off. In one instance 'the wolves stole 301) )
chlckeni from one farm.
Drnth Cniiio * to Sclinntre.
COLUMBUS , Neb. , Oct. 3. ( Special. )
Fred Schantre , who had his back broken by
accidentally falling from his wagon , died at
St. Mary's hospital this morning , after llvlnts
five days with the lower part ot his body In
a plaster cast. Every muscle below the
heart was completely paralyzed and his re
covery was regarded as almost Impossible
from the first.
llnrry Kim Arrested nt Coltimlmn.
COLUMBUS , Neb , , Oct. 3. ( Special. )
Chief of Police August Schaak arrested
Harry Fen , a Jew , In the Union Pacific yards
last night on a telegram from the authorities ,
at North Platte that he was wanted In Lin
coln county for grand larceny. Sheriff Kcli-
her arrived later and took Fen back with
him.
AVIiiMldc Kiirin * CliuiiKlni ; llniid * .
WINSIDE , Neb. , Oct. 3. ( Special. )
Farms Improved and uncultivated , se well
as town property , are changing owners al
most every day. Six sales of farms were ef
fected through the agency of one firm here
last week.
Tliomii * IlottorfT Die * In .lull.
BLAIR , Neb. , Oct. 3. ( Special. ) Thomas
Bottorft' , who was convicted last week of
assault on the 10-year-old child of Mitt
Allen , died at the county Jail this morning.
There is strong suspicion of suicide.
T -loi lioii _ ' * for JIclMiu-r Itnnelion.
SHELTON , Neb. , Oct. 3. ( Special. )
Workmen In the employ of the Nebraska
Telephone company will thin week connect
George Melsner's ranches with hlo home by
several miles of line.
POLICE HAD GOOD MEMORIES
Slenth * Arrrnt n Youth Wanted for
Ilurelary Who lln * ll - < -n In Ilid-
fni ; for Two YOUTH.
After hiding from the officers cf the law
for more than two years Ilusscl C. Krenzer ,
formerly an apprentice in the machine shops
of the Union Pacific Railroad company , was
arrested yesterday by Detectives Hudson
and Hclan for a burglary committed on the
night of September 28 , 1S97.
Krenzer , who was accustomed to loiter
about the barber shop of John Scwell , 1923
Clark street , Is charged with breaking Into
the place in 'company ' with others and steal
ing a kit of barber's tools valued at $20. A
part of the property was recovered during
the next few days from persons to
whom Krenzer disposed of it. Krenzer left
town and kept his whereabouts a secret
until last week when he returned , supposing
the police had forgotten about the burglary
and that ho would bo secure from arrest.
The detectives followed him to his homo ,
1326 North Twenty-third street , and arrested
him there.
Mortality StiitlNtlr * .
The following births and deaths have been
reported to the olllco of the health commis
sioner during the last forty-eight hours :
Births John J. Nugent , 2214 Lake street ,
girl ; KrlEt Anderson , CIS Woolworth av
enue , girl ; William Kruger , 1133 South
Twenty-eighth street , girl ; W. I. Hortcn ,
4712 North Thirty-seventh street , boy ; Mar
tin Jorgcnson , East Omaha , girl ; John Nel-
ton , Benson , girl ; John Bixton , 331G Mere
dith avenue , girl ; Charles Hester , Sixteenth
and Cumlng streets , boy.
Deaths Mrs. Mnrgarot Edcrer , 2904 Bristol
tel street , C3 years ; Martin Hart , 427 South
Eighteenth street , 41 years ; James Harvey ,
Oakland , Neb. , 45 years ; Mary Jane L ns ,
1913 Oak street , 71 years ; Mrs. Harriet C.
Wolfe , 2323 Marcy street , 67 years ; James
II. McArdle , 74 years.
IlrniiUlnits lli-iclmiilH IlimUriiiit.
SIOUX KAKLS. S. IX , Oct. 3. ( Special
Telegram. ) Lenta & Odegard , general mer
chants at Brooklngs , were today declared
bankrupts by .Mastcr-ln-Hnnkruptcy I'arll-
man of this city. Some time ago the creditors
rf the llrm petitioned to linve It declared
Insolvent. There was no contest. The lia
bilities of the firm are about $22,000 , and
assets about J15.0CO. Joseph C. Davis of
Vormllllon rn petition of the creditors was
named ns trusten In bankruptcy and gave
a bond -of $10,000.
Hearing Ili-xiiiniMl ,
The prollnilnury hearing of Thomas Dalu-
i nrlclsp. arraigned on thi > oharge of as-
i smiting John Mullunt' with miirdercug In-
1 tent , wan resumc-J Ln police rourt Tutsday
and oeiuiplfil the entire day. Halnbrldge
It an employe of rtio t'nlon I'acltii' shops ,
llvIiiK nt 112' ' > North Seventeenth street.
The man 1)4 Is saUl to liavp aHKaulted. Mul-
luno. IB a iilumber in the employment of
H < wo & Ca.
Scores of witnesses testified us to the de
tails of the lluht on the exposition grounds
about midnight , September 3 , when Mul.
1 lane war hit on the fori'Ivad with n ham
mer. The blow was struck in the prcsencci
of only one or two men wnose testimony
on the subject does not agree. Most of this
iluy was spent ! ti the examination of those
who \vtr precont whtn the quarrel llrst
started. Tin- hearing will De continued to.
day.
Curry ( it-In
The suit of Policeman George B. Curry
ugutnst the city for wages , while unde'r
suspension , came up yesterday in Jus-
tire Klnki-ad's court , and Judgment for
$ lI6.Cfi was given the plaintiff. The suit
was the outgrowth of a previous man
damus that was brought Improperly and dls.
missed on July 27. the court holding that
the plaintiff hud no right to a mandamus.
C'urry was suspended by tha board on July
29 1695 , and was reinstated by the succeed
ing board September 17. Ho was , it la
claimed , dismissed without notice.
innpp PIIIPPIXT Tin 11 IMIP
JESSE-GRIrFIN TRIAL DUE
Sensational Murder Oase Comes Up for Trial
Next Monday in tha Kodaway
GRAPHIC STORY OF THEIR ENCOUNTER
( itKiln'otorloun Nounpnticr the
MI-IIMN of ArouxltiK n Terrible
Spirit of A'enncnnce In
llln Slnycr'n Heart ,
MAUYVILLE , Mo. . Oct. 3. ( Special. ) It
Is probable the trial of C. 0. Jesse for the
murder of Frank Orlffln , which begins in' '
the Nodaway county circuit court October i
9 , will excite as much Interest and attention i
ns any criminal procedure In the history of
northwest Mlsourt.
Saturday morning , April 13 , 1S99 , Frank
Grinin and C. 0. Jcfso met In front of
Smith Bros. ' building In Maryvlllo and ,
Jesst- , without the utterance ot a syllabic ,
drew a pistol from his overcoat pocket and I
before Griffin could defend htonself fired ,
three times , wounding Griffin twice. Grlllln j
was an athlcto nnd Jesre was also a power
fully built man. Griffin rushed upon hla
assailant and a terrific hand-to-hand fight j
began. The arm In which Jesse still held
his smoking pistol was seized with the grasp
of despair by the man ho had shot and
forced upward until the weapon was out of
range. Jesse , In the meantime- , struggled
with equal desperation to lower It. From
the sidewalk they plunged Into the middle of
the muddy street , alternately occupying
every possible position with reference to each
other , but finally Griffin , weakened by the
loss of blood , was forced to glvo under , and
two moro shots were relentlessly fired at him ,
ono taking effect.
JcNMe'n Frenzied Unto.
Though the weapon was now empty the [
struggle did not cease. Finding his ad
versary still aivo Jesse closed with him with
growing fierceness , until Griffin finally sank
upon his knees and Jesse , mad with rage , [
beat him upon the head with the handle of
the pistol. The wounded man toppled over
nnd even as he fell clung to the coat of his
adversary and pulled him Into the mud with
him. Hero they wallowed together In a
death grip and when Jesse was removed
from Grlllln's form Griffin lay senseless ,
bloody , muddy nnd to all appearances dead.
He revived later , declaring he would not die ,
but when It became evident ho could not live ,
expressed his forgiveness of the man who
had killed htm.
Twenty years ago Frank Grlmn came to
Maryvllle , from where nobody appears to
know. At that tlmo he had decidedly sporty
proclivities. His raiment was loud and
flashy. A bright red tie , white vest , Prince
Albert coat , patent leather spats and plug
hat were usually what he affected. Ho soon
after hung out his shingle as a lawyer nnd
soon had practically a monopoly ot police
court uuslncss. His manners were like his
attire. At public gatherings ho invariably
sought the most conspicuous position.
Whether driving or walking his attitudes
manifestly assumed.
After several years Griffin concluded to
try his hand at the newspaper business and
started the Maryvllle Advocate , a weekly
paper. His sheet wag guiltless of typo
graphical art , accurate spelling , correct
punctuation and grammar , but In spite of
these deficiencies it was read with avidity.
For from the first. Its columns 'teemed ' with
sensational stories. Innuendoes , insinuations
and plain slanders. Twice its editor was
taken before the United States commissioner
at St. Joseph for sending obscene literature
through the mall , "but " both times ho escaped
punishment.
Seven years ago Major Cole , the evangelist ,
visited Maryvllle , and among his converts
was Grlifin. He proteased to have received
a new light , and went'about asking the for-
glvpneBs of those ? he had assailed , promising
to lead a better life thereafter , but his paper
underwent no permanent change. It con
tinued Us former course.
Three years ago Griff's Maryvllle Dally Re
view was started by the publisher of the Ad
vocate. This paper , like the others , was
operated In the names of members of his
family , and especially of his daughters , Roae ,
Zee and Lulu , but the Identity of the real
editor and publisher was never in doubt.
"Grift's , " as it soon became known , was not
different In any Important respect from the
weekly It had superseded , excepting that it
was Issued six times as often.
Orlifln of the Trimble.
Three years ago C. G. Jesse came to Mary
vllle from Tarklo , Mo. , and opened a drug
store. The place had a bad name from the
start. E rly last spring It was burned out
and , as it was Insufficiently Insured , It pro
prietor was left In bad circumstances. Jesse
was formerly prominent In the democratic
party of the Fourth congressional district.
In 1884 he was given the poatoffice at Mound
City , where ho then lived , by Congressman
James N. Burncs for political services ren
dered. Jesse's wife is a daughter of Wil
liam Hoblltzell , a wealthy citizen of Mound
City , nnd he has a family of four beautiful
children. His oldest daughter , Edna , Is a
particularly handsome young woman.
On April 11 Griffin published In his paper
this statement :
"Colonel C. G. Jesse will start a Joint in
the room recently vacated by Ed Otis. "
For many years the people of Maryvllle
had expected Griffin to be killed. Many men
had threatened his life , cither conditional
on the publication of an article derogatory
to their reputations In his paper , or Because
such an article had been published. It was
no uncommon thing to hear such remarks
as :
"I would kill him If he published such an
article about me , " or "The man who kills
him will be n public benefactor , " or "There
Is no other community In the country where
a man would bo allowed to pursue the courea
ho docs. "
Jesse , no doubt , had heard many such
stntemcnls , and believed that the man who
actually did kill the editor would not be
severely dealt with , nnd possibly not arrostoj ,
The popular opinion is , that , driven to
desperation by his pc-cunlary losses and
Griffin's attacks upon him other references
to him similar to that quoted having been
made deliberately concluded to commit the
act which two days later he did commit.
There are other versions of the affair.
There Is n story that Griffin demanded $300
from him for the suppression of a tale about
n member of his family , and several wit
nesses of thf shooting at first affirmed that
Oriflln had a gun , and also tried to ehoot.
These are discredited.
Mny I'lciiil Kmotloiinl Inmuillj- .
It Is probable that the defense will In
troduce a plea of emotional Insanity and will
attempt to how that Jesse- had been n
annoyed and disturbed by the assaults made
upon him hp had become desperate.
Public sentiment regarding the ciu p l
greatly divided. In Maryvllle , where Grit-
nn had so many enemies , there are a great
many people who openly declare that Jessp
rendered a public service nnd that they hope
he will bo acquitted. Others , more moderate ,
think ho should not bo hung , but that , on
thp other hand , he should receive exemplary
punishment. Outside of Maryvllle sentiment
Is decidedly adverse to the prisoner.
During the last few years Nodaway county
has had several killings , but the maximum
sentence Imposed was fifteen years. This
was given Charles Ulmer , who murdered two
men In Hopkins. All the juries Impaneled
for these cases were farmers , but , singular
ns It may rocm , the farmers are the meet
violent In denouncing the alleged mis
carriages of justice , and demanding that nn
example bo irnde of Jesse. In this case , as
In those that have preceded , the Jury will
bo of farmers.
William C. Ellison , the best known
criminal lawyer In northwest Missouri , will
bo leading counecl for Jesse , and W. A.
Blags of Maryvllle will be associated with
him. Prosecuting Attorney II. H. Martin and
J. W. Perry of Albany will represent tha
stitc.
3U1C1IHO KAII..S AT MAMYVUiMS.
.lolui Diitilcln Trli-x It IliMauMof u
Love * AITnlr nnd In l'iiin | 'd Out.
MAHYV1LLK , Mo. , Oct. 3. ( Special Tele
gram. ) Joseph Daniels attempted suicide
last night at the homo of Richard O'Howcll ,
nc-ar Pnrnell , by first drinking a pint of
whisky and then an ounce of carbolic add
on top of It , but failed. Daniels formerly
worked on O'Howell's farm and fell In love
with his 18-year-old daughter , but lately
Sllaa E. Jordan displaced nim In her af
fections.
Last night Daniels went to the O'How-
ell farm and finding his rival and the girl
he loved together , pulled off his coat , show
ing a large pistol projecting from his hlp-
pocket , nnd declared that cither ho or his
rival must die. No tragedy occurred , Dan
iels taking the doao Instead , being after
ward relieved with a stomach pump. Ho
still declares ho will kill himself.
r.lvt-ii n I.llirarr Iliilldlnic.
SIOUX FALLS , S. D. , Oct. 3. ( Special
Telegram. ) W. H. Lyon and his wife , who
have been here many years , today deeded
to Sioux Falls the Unitarian church buildIng -
Ing , which , under the terms of the pres
entation , must he used for a city library.
The council has formally accepted the gift ,
which is a very valuable one.
MlNNOtirl olid MlNHoiirlntiN.
There la an epidemic of diphtheria at
St. Joseph.
Jefferson City Is to have a new $10,000
railroad dei > ot.
Springfield lias raised the required bonus
for a new railroad.
General B. M. Prontlss la 111 at Bethany
and may not recover.
Governor Stephens appointed a commit
tee to locate asylum No. 4.
Missouri realized $130,000,000 from her sur
plus products marketed la. t year.
Editor Jenkins of the Plutte City Land
mark Is being mentioned for congress.
It costs a man forty-five days freedom
1o carry around a loaded pistol at Forest
City.
City.Mad
Mad dog scare Is on at Bolivar nnd
the mayor has ordered nil stray dogs
shot.
Sedalln. newspapers are rejoicing over
the- fact that that town is to have a new
hotel.
A T.irklo man fold his farm for $10,000
last week and will invest the money In
government bonds.
Monroe county claims the oldest citizen
In Missouri. If not in the- United States.
His name Is Mace JnckEon and he claims
to bo 127 years old.
The total acreage of corn In Missouri
Is fi.330.000 acrfB and the estimated yield
is 198,611,000 bushels.
A Jefferson City man caught a catfish
in the Missouri river at that place last
week that weighed 125 pounds.
Five men fell In a lit on the side-walks
of Parkville in one day last week and
Parkvlllc hasn't a. single grogshop ,
either.
Some fellow who didn't know what he
was doing kissed a Hopkins girl In the
dark a few nights ago and the Journal
says she hasn't had a light In the room
since.
October 22 has been designated as "Prison
Sunday" In Missouri , on which date the
pastors of all the churches In the state are
asked to deliver a sermon on pome phase
of the prison question.
The State Board of Railroad Commis
sioners has ordered the management of
the Kansas City , Excelsior Springs &
Northern railway to make needed repairs
on Us road or else discontinue train
service.
FORECAST OF THE WEATHER
FnlrVediicnilny nnil Thiirndny with
Vni-liiiiic AVI ml * In Xc-
WASHINGTON , Oct. 3 , Forecast tor
Wednesday nnd Thursday :
For Nebraska , Iowa , Missouri , Kansas ,
Colorado , Wyoming and Montana Fair
Wednesday and Thursday ; variable winds.
I.oral Iti'cord.
OFFICE OF THE WEATHER BUREAU ,
OMAHA , Oct. 3. Omaha record of tfinpur-
ature and precipitation compared with the
corresponding day of the last three yarn ;
! & ! . 1S9S. 1897. 1WH.
Maximum temperature. , fil 74 s" Ki
Minimum temperature 4G M 01 U
: Average temperature f > 5 R2 77 HS
Precipitation 09 .00 .00 .0) )
I Record of temperature and precipitation
at Omaha for this day and since March 1 ,
If 99 :
Normal for the day f > 9
Deficiency for the day 4
Accumulated deficiency since March 1..IS3
Normal rainfall for the day 09 Inch
Excess or deficiency for the day. . .00 Inch
Total rainfall slnco March 1..21.12 Incho.s
DellrloiK'y slnco March 1 4.S2 Inches
Deficiency for cor. period , H9S. . 3.44 InclicM
Deficiency for cor. period , 1S97. . 9.9 Inches
"THE ACADEMIE DE lYIE'DECINE OF FRANCE
HAS PLACED
6
( "THE QUEEN OF TABLE WATERS. " )
At the Head of All the Waters
Examined for Purity and Freedom
from Disease Germs. "
Have You Bladder or Uric Acid Trouble ?
You May Be Afflicted And Not Know It.
To Prove for Yourself the Wonderful Curative Properties of Swamp-
Root , the Great Kidney Remedy , livery Reader of "The Hee"
May Have a Sample Hottle Sent Absolutely Free by Mail.
ease Is n rather rare disease , but statistics
have proven that It Is n moat common
trouble.
lAnd the proof of this la that most dis
eases , perhaps S5 per cent , are caused In
the beginning by disorders of the kidneys ,
I1KCAUSK they rail to niter your blood.
Your other organs may need care but
your kidneys most , because they do most.
If you are sick , begin doctoring your kid
neys , because as soon as they are well
they will help nil the other organs to
health.
When your kidneys are not doing their
work some of the symptom * which provo
It to you are pain or dull ache In the back ,
rheumatic pains , sciatica , sediment in the
urine , scanty supply , scalding Irritation In
passing It , obliged to go oten during the day
I > K. KIMHlilt'S and to got up many times during the night ;
uric acid , sleeplessness , nervous Irritability ,
SWAMP-ROOT sallow , unhealthy complexion , puffy or dark
clrclcrt under the' eyes , loss of energy and
Kidney , Liver and Bladder ambition.
If your water , when allowed to remain
undisturbed for twenty-Tour hours , forms
DIRECTIONS.
a sediment or settling , or has a cloudy appearance
May ( nUp ono , too or thrco
pearance , It la ovldenco that kidneys
tca9Honfulbefore [ or after your
anclnt bedtime. and bladder need Immediate attention.
Children IPM neconlliiR to ORC.
Mixy commence- with emaildosoa Swnmp-Iloot Is the great medical triumph
anil Increiwo to full dose or mote , of the 19th century , discovered after years
as the case ouhl ecem to re < iulio. of untiring effort nnd research , by the famous
This Rieat icmi'tly cuies all nnd bladder
mous kidney specialist , Dr.
kidney liver. LlndiU-r anil Vrlo
troubles and dlnorden duo Kilmer. It will be found by both men and
to M eak klilneyp , such as catarrh women just what Is needed In all cases of
of the Mndder , pravtl , rheumv kidney , liver , bladder and uric acid troubles.
tlmn , himtmpi ) and
This famous now discovery , Swamp-Hoot ,
e e , vhleh Is the worst form of
kidney tll euse. will set yur whole system right.
It Is pKuant to taVe , The beet proof of this Is a trial , and noth
PREPARED ONLY BY ing could bo fairer than the offer to send
DR. KILMER & CO. a sample bottle of Swamp-Hoot and a book
telling nil about It , and containing some of
BINGHAMTON , N. Y.
the thousands upon thouwands of testimo
Sold by nil nial letters received from sufferers cured.
Both the sample bottle and book will be sent
absolutely free , by mall , to any address.
The great discovery , Swamp-Root Is BO
remarkably successful that our readers are
advised to write for a free sample 'bottle ' ,
and to be sure and mention reading this
generous offer In the Omaha Morning Dee
One-half the 50c size one-quarter $1.00 size. when sending their addresses to Dr. Kllmur
& Co. , IJInGhamton , N. Y.
It la now conceded by eminent scientists
If you are entirely convinced that
that the most important organs of the body
is what need
Swamp-Hoot you , you can pur
are the kidneys. They filter your blood chase the regular fifty-cent and one dollar
and work away night and day , whether you size bottles at drug stores. Don't make any
are asleep or awake. mistake , but remember the name , Swamp-
People are apt to believe that kidney dls- Hoot , Dr. Kilmer's Swamp-Root.
OTHER MEN
IiiMtcnil of n Nervous , DIMllltii ! < < > il AVrtrek. DriiRn will novrr cure yuu.
They ivlll ruin your Kiouiiicli a nil u nil IT in I lie the entire NjHtrni. Hut the
NtroiiK , < vi-n current of Klcutrlcity p rndnceil by DH. IIIO.VNUTT'S KlKC-
Tllir I11CI.T.
Will touch the right spot and make you
well and strong again.
That wondrous vlgoral strength which
Is given men and women who wear Dr.
Bennett's Electric Belt can be gained by
ncTother means or method.
Are you Impotent wholly or partially ?
partially ? Are you a victim of Immoral
Uralna ? Have you Varlcoccle , Hydrooclc ,
Shrunken or Undeveloped Organs , Nlfcht
LOEBCK , Rheumatism , Constipation , Stomach
ach , Liver , Kidney or Bladder Troublea ?
DR. BENNETT'S ELECTRIC BELT
WILL CURE YOU. This treatment gently
tones the stomach , purifies the blood and
puts the nervous muscular nnd circulatory
systems In perfect condition.
Dr. Bennett's Electric Belts nave pat
ented , aoft , silken chamois-covered sponge
electrodes that cannot burn or blister OB do
the bare metal electrodes used on all other
makes of belts.
Can bo renewed when buinod out , for
75 cents. No other belt can bo renewed
for any price und when burned out Is use less.
Dr. Ilenneitt's New Electrical Suspensory for the euro of various weaknerees of
men la FHKE to every male purchaser of one of his belts , Write for free book that fully
explains this treatment. Write today do not put off the inclination , but go rlcht at
It and learn nil about this marvcloug treatment that restore * you to permanent freedom
from disease nnd weakness. The most obstl nato cnece treated , In the strictest confidence ,
Sold Room 20 and 21 Doug *
BENNETT ELECTRIC CO.Room
only by . InsBlk. Kith & Dodge.
Conkey's
Home Journal
Each month prints Beveral popular selections
of sheet muBic worth from 80 cents to $1.20.
Any Bee subscriber can get a copy free
every month at The Bee Office when they
pay their subscription or it will be sent by < * 1
mail for one year free to any Bee sub
scriber who prepays their subscription six
months.
\
Rubbers Advance ,
We shall accept orders on
Knhher Roots and Shoes ut
September prices until Nov.
cm her l.st. liny now.
Our now Illustrated nutnloiriiMof OHIKI' ' '
IIIIANU MAOKINTOSUKH , OftnruK
UiKxInijs , Over ( Julteri , dtc. are yourn
for ubkliix. UANDKCtUnUKUS.eem /
to bo tlie licit imule , Auk Jor them.
Wo have others ,
. . .No Uooda at Retail. .
ZACHARY T , INDSEY ,
Omaha , Neb.