TTTTil r > ATTV 11. 1R9J ) . Wall Street Conditions Intelligently B - Ti'ewed by Competent Authority , AMPLE FUNDS FOR BUSINESS PURPOSES Mock MnrUrt n I.lttlc Slotv < n lie- Nlioml to tlu < Mini ) nvInlliiK COM- illlliiiiN PrfHlitpiiCN Unite n < lttriietor > - Xi\V YORK , Dec 10. ( Spcclnl. ) Henry Clous , hcml of the banking house of Henry Clews feiCo , writes : Homo disappointment Is expressed nt the tardlnc'SH wltlrh the stock market shows In rcaporidliiK to the ninny existing ftivor- nblo conditions' With unusual prosperity In all pnrtu of the country. It lias been ri-nsoiiiibly find jrcnernlly supposed that higher prices vvould prevail during thn fall and early winter months So f.ir , these ( xper tntlotiH have not been realized , chiefly becauf-o of the hlftli rntiM and limited supply of money For ordinary business purposes thfio appears to be no serious lack of funds nt good > ct not exorbitant tntes , while the moment Hpcoulatlio rie- tnunds assert tlieinsclvcs with alii force stringency Is at once prevalent This re straint has Its nilvnntiiKct. In that It cools the ardor of u\er-cnthuslastlc or Indlscrett bulls and paxes the way for a more sub stantial movement later on. It Is far bet ter that the market should liavo ample season In which to become neil estab lished on the iii-w level than to permit n. runaway Hptculatlon which might easllj Invite severe reactions anil a. general de- pi ruction of confidence There are Indica tions that this view Is taken by some of the influential Interests In the "Street. " who , while committed to bullish views In the long run , are not at this time -willing to lend their powerful aid to any upward movement An e\on more Important factor In the situation thnn the disposition of blR opera - a OIK , one. In Curt , which largely controls them. Is the money market. IIlRh rates for money do not always prevent a bull movement - ment , but It Is quite certain that Just now any such campaign would be qulekl ) brought to grief by prohibitive rates The bank reserves are much below the usual average of the season Trade activity re tards tno return 01 nmas irom me iiuenur The treasury continues to absorb money and the offei to bu > bonds affords only partial relief , as holders have other mcs for them than the Interest they pay In short , there Is u large and perfectly linnllhy demand for money , which cannot freely be met because of a cumbersome and antiquated currency system which prevents expansion or contraction accordIng - Ing to the needs of the moment January disbursements ulll amount to probably JlfjO.MKMiOO , preparations for which will keep money more or less active meanwhile. Ailv nncoM. Still another factor of Importance must bo reckoned with , and that Is foreign ex change. Sterling has advanced owing to the high rates In London , the Hank of Kngland r.ite of discount being at Its highest point since the Uarlng panic. It cannot be said that this stringency Is due to urnkiu'ss or fear , but rather to a pru dent determination of the Bank of England to protect Its gold reserve .mil prevent demands from the Argentine or elsewhere Trade actlvltj Is almost worldwide , to the demand for inonc.v on this account Is not limited to the United States , and with a partial cessation of the gold supply through the Transvaal war It Is not surpilslng that London should lake means for self-protec tion. Gold exports from the United States may happen , but do not seem probable , for money rates would quickly harden In re sponse to uiiy .such movement As said ubov'e , the local market Is not likely to get any relief through the medium of foreign exchange for some time to come. There are full offerings bills against remittances and manufacturing exports , while the supply of gralp and cotton bills la much below the average. Conditions are somewhat attained In Uorlln. and a pinch there or In London would of course be to some extent reflected heie The piesldent's message has won more approval than usual Ills clear utterance for the gold standard , his prudent yet progressive attitude on foreign affairs and Ids advice to congress to glvo the monopo listic trusts careful attention the three most Important topics , treated without a partisan touch all show that ho Is fully entitled to the conlldence of the people , The present session of congress has much Important work before It. Foreign ques tions will occupy much of Its time , and domestic problems will require some seri ous thought. As a disturber of business this congress , however , promises to be less serious than usual. On the contrary. It Is probable that one of Its first acts will lie to put the country squarely on the gold standard and take the first step toward securing a scientific currency system. When this Is accomplished , there will be renewed cause for confidence regarding the future. The passage of such a bill will certainly bo favorable to all business In terests Until easier rates for money are In Might , however , buying of securities should bo conducted with extra caution , MpfiHlUKi I HntlMfnctory. The president's message Is a well-written and conservative document and should be satisfactory to the great mass of the Amer- lean people All the questions to which ho refers are presented In a full and com prehensive manner The most Important of these la the one relative to the cold standard and upon which he declares him- pelf In words so clear and expressive as to leave no room for misunderstanding The president has now fulfilled his elec tion pledges and conformed to every ren dition of the policy to which ha committed himself when nominated for the position which ho has thus far so honorably and faithfully filled. One of his most Impor tant Implied promises In the course of the policy which ho prescribed for himself , more e\pie slvely after his election , was the prosperity of 'the country. This In- tentloiijjhas been millzed almost beyond the dreams of avarice , when wo consider the frightful depression which brought the country almost to the verge of bankruptcy during the two years preceding his advent I to tno presidential cnair President McKlnley promised to main tain the gold standard He has done so despite the most vigorous opposition : also , to adjust the tariff to the requirements of our Industries , and to stop the outflow of gold from the treasury , bringing the receipts and expendlturups of the govern ment to counterbalance each other And ho did all this despite the Intervention of a war with a foreign power , the affairs of whleh ho managed like an experienced genciul lie now hands the trust question that beto nolro of business and labor Interests- over to congress and recommends the serl- nun consideration of the question to that body. With regard to our foreign rela tions and dependencies in the fur east ho takes a wide mid statesmanlike view of the whole matter Ills attitude upon nil the questions now before the people should enlist the support of the entire country. roi-Hirn l''liiiiiilnl. . LONDON , Dec 10.-sTho London Stock exchange , like the foreign bourses. Is domi nated by the money position , and business Is almost at u standstill , with prices dis tinctly lower Consols closed yesterdav at 101ai , the lowest llguics for the year This situation will probably continue until the end of the month , and It Is doubtful whether even good news from the state of war In South Africa would work a ma- terlnl change so long as the dearness of money continues American securities fluctuated consider- nbly last week , although prices Improved on the favorable Impression produced by . President MoKlnley'g message to congress ' nnd Ids declaration regarding currency re form ThlK Improvement , however , was followed by u depression and sesterday came an all-around setback , owing to realizations nnd the Inherent weakness of the market. Haltlmoro it Ohio preferred fell 14 points , Southern Pacific , Hi- Atchlson adjustment , Denver & Hlo Orando { in-foiled , Louisville & . Nashville , Northern PuUllc. New York Central nnd Union Pa- clllo , 1 per cent : Chesapeake & Ohio. Chicago cage , Milwaukee. & St Paul , Illinois Cen tral , Noifolk & Western and L'nlon Pa- clllo preferred , It- Money was In good demand , rail money nt 4'4 ' < f5 ? per cent ; fixtures at 6i/5 / i , and 1 three months' bllln , GVftG per cent , MADHIU , Doc 10-Spunlsh 4s closed yes. ' terday nt 75.40 Gold was quoted nt 2775 The JJnnk of Spain's report for the week ended yesterday shown the following : Gold In hand , no chaneo ; silver FR hand , de crease , 31,000 pesetas ; notes In circulation , decrease , l.SCC.OOO pesetas lliitti-r , Kurtf "ml Clict'ne MnrUet , PHILADELPHIA , Dec.IH'TTKU - Btendy , fancy western , 27c , fancy prints , ISC' . l GGS Steady ; fresh nearby , 2lc : fresh western , Ki" fresh southwestern , SIX ; ; fresh southern. 19o CMKKSn-Qulet but flrni. NBW YOIiK. Dec 9-HUTTKH-FIrm ; ' " - ( i factory. Imitation state Vlil'i'Sr'rifin ; : , fall made fancy , is 4g > fall made lurcu funtv , Ji's'uKVc , Into 'mademail ' J2314c , late made. Inrfte , n > , e | KOOS Steady , state and Pennsylvania 24If35r , loss off , western , ungraded nt mark , OHiCAOO , Dec 9.-nUTTKR-Stendy ; creameries. IC iTC , dairies , 16tf22e } , KGGS rirm fresh , 20c. ST IXnUS , Dec. 9 BUTTKU Steady ; creamery , 2402740 ! dairy. ISWSHc. BGGS-Qulet fit 17c. KANSAS CITY. Dec. 9-UUTTKn- Crcamery , 22 < 926c ; dairy. ISc. KGGS Offerings liberal nnd market quiet hut weak , fref-h Missouri nnd Kansas stock. firsts , IB'Jc , cases rotttrned. flUCAOO ( JIIAIX .VM > "l'ItOVIHItn' . I'rntnrrn of ( he TrntlliiR nut ! I'rloen on Sntnrdnj. CJUCAGO , Dec. 0. The grain nnd pro vision markets vvero dull today. Wheat was firm.early , but eased oft on profit-taking and rather free selling against weekly calls , closing UP under yestordav for May. May corn nnd May oats closed a shnde loner and provisions 2l95c better. The wheat market was steady at the . opening , with the Initial figures for May I unchanged from yesterday at "OUfJ'OUc Cables were stcndj nnd receipts light , but i this support falieil In the face of free sel ling against weekly calls and some profit- taking The Argentine news was confus ing by reason of the conflict In the reports , n private wire declaring the weather un settled , while Liverpool asserted that cli matic conditions were favorable nnd that the Argentines would have 75,000,000 bushels exportable surplus. A shade more credence was given the English advices May ranged from C97ic to 70'/ic , closing 'ie down at C % Jt70c. Primary receipts were 553,800 bushels , against 1.184.500 bushels last year Minne apolis and Duluth reported 4C9 cars , against Ml last week and 034 a year ago. Local re ceipts were 66 cars. 11 of contract grade. Clearances were 250,000 bushels. Primary receipts for the week showed a falling off of about 2,000.000 bushels , compared with the previous week and about O.OOii.OOO bushels under the corresponding week last year. Toward the close the market felt some uneasiness over the money situation In New- York. The Inanimation of business was duo largely to the scarcity of decisive statistics nnd partly to the fact that It wai Saturday Corn wan steadj , but very dull and held on the wet weather , prospects of rain and the good all-rail demand Local profes sional bulls bought May Receipts hero were 22 i cars. Liverpool was Ic higher on spot , which was something of a support Stocks here nre expected to Increase 250.000 bushels Clearances were 1B' > ,000 bushels. May opened a shade tin. ranged from 32T4c to sjHAc , closing a shade under yesterday nt Oats held thtlr own In spite * of the dull ness , but trade was quiet and the range was very narrow Light receipts , together with the supporting factors In corn , were a steadying Influence. Receipts here were 14" " ) cars May sold from 24c to 2IV4 t24i,4c. , clos ing a shnde down at 24fi241nc. Clearances were 23,000 bunhcls Stocks are expected to show a moderate Increase Provisions opened strong nnd though the market mot considerable commission house liquidation , continued steady throughout. Hogs were up a trifle at the yards and Liverpool better for bacon , conditions which supported the price Trade was not active nnd fluctuations accordingly nar row May pork sold from JS.1)1 ) * to J1000 } ? 1003 , closing 5c over yesterday at J10 03. May lard from J552' ' 3555 to J557H and closed 2Hc better at $5 B"1 and May ribs from $535 to $5 37'/c , closing 214ft5c up at $5 3714 ' nstlmated receipts Monday : "Wheat , CO cars ; corn , 290 cars : oats , 175 cars ; hogs , 44.000 bend. The lending futures ranged as follows : Ai tides.I Open.I High. I Low I Closo.l Yes'y. Wheat Dec. 66 } 664 , 6fi&i May Corn- Dec. 31 30'fc Jan. 31 31'i 31 31 May 32 ftl32TMr33 | 31 Onts Dec May 244 24 Jan May Slbs- Dec. Jan. " " No. 2. Cash quotations were as follows : FLOUR Steady : winter patents , $3.40 3 50 ; straights , $3 OOS3.20 ; clear , J290g3.10 ; spring specials , JS'SO ; spring patents , M 20 r3 50 ; straights. $2.7003 00 ; bakers. I1.90B2 50. WHEAT No. 3 spring , eafitec ; No. 2 red , . CORN No 2 , 31c ; No. 2 yellow , 31 c. OATS No. 2 , 'iTSCSVic ; No. 2 white , No. 3 white , 214fii5Vic. RYE No. 2 , 53c. UARLEY No. 2 , 37 M2c. SEEDS No. 1 flaxseed and northwest. J1.45. Prime timothy seed , J2.40fl2.45. Clover , contract grade , J7.75 PROVISIONS Mess pork , per bb ] . , JS 40fi 9 KS. Lard , per 100 Ibs. . J5 03 < gr 33. Short ribs sides ( loose ) , $5 lOfio 40. Dry salted shoulders ( boxed ) . $5 37'/4B5 ' GO. Short cleir sides ( boxed ) . $5 35SG.43. ( WHISKY-DIstlllers' finished goods , on basis high wlne , per gal. , J1.23' < - . SUGARS Unchanged. Following are the receipts nnd shipments for today. Articles Receipts. Shlpm'tfl Flour , bbte. . 26,000 , 1JCCO Wheat , bu . 110,000 17.000 Corn , bu . 236,000 ItOOuO , Oats , bu . MS , 000 I'Jldno Rye. bu . 5,000 4000 Barley , bu . 06,000 17,000 On the Produce exchange today the but ter market was steady , creameries , 16'R23c ' ; dairies. 16022c Cheese , easy at Eggs , llrm , fresh , 20c. St. LoulH Grain anil Provnins. ST , LOUIS , 'Dec. 9. WHEAT Weak. No 2 red cash , elevator , 68c ; track. 70'/iS71c ; December , 69c , May , TC'iO 724c , No 2 hard , 67 < f6Sc : receipts , 13,166 bushels. t'ORN-Hlgher ; No. 2 cabh , 30Hc : track , SOVifiSO c : December. 304c ; May , 31 831Hc OATS Steady : No. 2 cash , 24c ; track. 24Wc ; December , 23Ho ; May , 23c ; No. a white. 2 027c. RYE Higher at 524c. FLOIIW Wstll > r. n.ilonta tt Kiff > fft- - tra fanpy , . 183.20" , clear , ' J2.75a5.90. ' SEEDS Timothy , Jl.90ff2.1S. Flaxseed , nominal and higher at J1.40. CORNMEAL Steady at J1.75S1.80. BRAN Quiet and steady ; sacked , cast track. 62c. HAY About steady : timothy , J9.00Sil.OO ; ; prairie , J6.00S.GO. WHISKY-Steadv at J1.23'/4. ' PROVISlONS-Pork : Firm ; standard mesa , jobbing , J900. Lard : Higher , prime steam , J5.20 , choice. J5 224 Dry salt meat ? , extra shorts , J5.374 , clear ribs and sides , Jfl.50. Bacon ( boxed ) shoulders , $5.75 ; clear ribs. J6.124 ; clear sides , J6.25. METALS-Lead Firm ut $4 6246-1 & Spelter : Firm at J4 65 POULTRY Steady ; chickens , 60 ; turkeys , 64c. ducks. 5yf56c ! : geese , 5c. RECEIPTS Flour , 6.000 bbls. , wheat , 13- 000 bu , corn. 64,000 bu. ; oats. 23,000 bu SHIPMENTS-Flour , 5,000 bbls. ; wheat , 11,000 bu ; corn , 49,000 bu. , oats , 9,000 bu. M\eriiool Ornlu mill Prorlnlonn. LIVERPOOL , Dec , 9 WHEAT Spot. firm. No. 1 California , Gs 14dii s2d ; No 2 red western , winter , 6s84d ; No 1 north ern , spring. Cs llV4d. CORN Spot , American mixed , firm at I3s64d i Futures , December , nominal , Jan uary , steady at 3s6'id , February , steady ! FLOUli'-Bt. Ittuls winter j ' ' - fancy , firm " PKAS-Cnnndlnn. 6s 6d I1OPS At Ixwdon ( Pacific const ) , firm at PROVISIONS Beef , steady , India mess , 6s Cd Pork , steady ; prime western. 67s Sd | Hams , snort cut , u 10 in ma , oun at Ads Bacon , Cumberland cut , 28 to 30 pounds , dull , short ribs. IS to 22 Ibs , steady nt 3i > x , long clear middles , light , 30 to 33 His. steady at 35s , long clear middles. hL.ivj , 35 to 40 Ibs. steady at 34BOd , short tlear backs , 16 to 18 Ibs steady at 33s , clear hol lies , 14 to 16 Ibs. , 33s Shoulders , square , 12 to 14 Iba. 31a Cd. I ard. steady , western , In tierces , 27s Sd , American refined , In palls , 2Js 3d Butter , finest United States whlte.s , 7s , finest United States colored , Ss 6d Tal low , prune city , stead } at 20s 6d , AustralIan - Ian In London , firm nt 20s 9d Kimmm City ttrnln nuil I'rovlHloni , KANSAS CITY. Dee. 9-AVHEAT-May , ,67c ; cash. No 2 hard. 65@66e ; No 3 , 6906l'/-c ; 'No 2 red , 69fr70c , No. 3 , 6106 ! > c ; receipts , 91 cars CORN-May , 29o ; rash , No. 2 mixed , 2811 ( & 2SHe. No 2 white. m o ; No. 3 , 28c. OATS-NO 2 white , 23c. RYE-NO 2. 4T.sc. , HAY Choice timothy , W.OOg'O&O ; choice prairie. J7 OOft7.fX > . RECEI1T8 Wheat , 64,600 buj corn , 5S.500 bu , oats. 11.000 bu. i HIHPMENTS-Wheut , 7,600 bu ; corn , 27- ! 3MO bu. ; oats , 2.000 bu. Toledo .Market , TOLEDO. O. Dec 9.-WHEAT-Hlgher. active for May ; No 2 cash nnd December , C9c. May , 73'4c CORN-Hlgher ; No. 2 mixed , 32c. OATS-Dull , steady ; No 2 mixed. 24e RYE-CJulet. No. 2 cash , BCe SEEDS Clo er , higher , steady ; iirlma cash old , Jt SO , December , JS&74 , March , > " > 674 _ I OMAHA LIVE STOCK 'MARKET Receipts of All Kinds of Stock Moderate as Usual on Saturday. CATTLE QUIET AND WITHOUT ANY OK Market nxiirrlnu-c * Mmrit , Ail- vn nre , fiirr > lnillncfl ( o I'olnt of Mon Hi So Tnr Slieep About Mend- for \\eck. SOOTH OMAHA , Doc. 9 " iT01 Cattle. Hogs Sheep. ni y . 3.8T.S 2.M41 3,4.12 ? ? VefIn > ' . 3-753 7'WS 6'253 , ! , , - ' ' Xflfa | ! Uedncsdny . 3.S12 9,155 907 nn " } Tn"rlll"y . 2W > 9 9.1W7 U3i O n2 IorlllB > , . ! " * ' as > W > Official Saturday . 515 S3H 43J I ° in lh , week 16,516 40,381 14,49 ; vvJil . .l.uoplt . K-is 47'924 9C01 wS cm ' Nov 25 . .17.919 54.155 erk ending Nov IS . ? . % 51,179 1S > ,14 AvernKe. price paid for llofts for ihe lasi 1 several days with comparisons : C , M & St. 1 Ry . . 1 J ) Mlspourl Pacllic Ry. . S V P. system 3 22 1 C & N. W. Ry 5 F. E & M V. R. R. . 2 21 S C & 1 > . Ry 2 C , St P. , M A. O Ry. 3 ! ) 1 15. & M R. R. R. . . . 1 SO C. . U & Q Ry 35 C. R. 1. & P Rj , E. . . 3 C. , R. I & P. Ry. , W. . . 3 Total receipts . . . . IS 127 1 1 The disposition of the day's receipts was ns follows , each buver purchasing the num ber of head Indicated : Buyers. Cattle. Hogs. Sheep. Omaha Packing Co 1,083 G H Hammond Co 160 H02 Swift and Company It 1,31)9 Cudahy Packing Co 10 1.9J7 299 Armour & Co 2,191 Cudtih ) , Knnt-us City 154 . . . Armour , Sioux City 734 ll < obniun < ' & Co 11 . . . . Other buyers 3(5 ( . . . . Totals 115 S.732 2J3 CAT1 LE Receipts , as usual on the last day of the week , were very light and there were not enough cattle of any one kind to make a test of the market There were no well finished fat cattle to put a tou on the market One bunch sold at $3.25 , which I looked like a strong price as compared with vcsterday , but the market could hardly be quoted as any more than nomlnallv stead > borne of the cow stuff fold at steady prices i and seme bung lire and was slow sale. It j was slmnlv thn imti.nl Snlnrrliiv'R nmrkM The cattle .market this week has not been In bad pnnpe bv any means so far as right good cattle are concerned Good to choice cornfed steers could safely be quoted as fully steady with a week ago , .is high as JC 507 23 having been paid for prize cattle this week The medium kinds of cattle showed a weak tendency and are at least lOc lower for the week. Common warmed-up cattle nre hard to tell anything about. One day when there happens to be a light run and buyers happen to have use for a few the market will be all right and the warmed-up stuff will sell well. Perhaps the very next day when the receipts are larger or when buyers can get better cat tle It will be almost Impossible to move the warmed-up cattle and buyers will bid PO much lower that It will make a salesman's hair stand on end. Good cornfed cows nnd heifers , such as would do for the iliessed beef trade , have pold nt about steady prices during the werk but canncrs are lOc lower nnd medium kinds of cow stuff 15fi20f lower. Good stockers and feeders have been very scarce , and as there has been a demand for a few the market has not shown very much change on the bet grades The most of the cattle reeelved have been poor and the demand for anything of that description has been very limited , with the result that the market is 15S25o lower for thi' week. HOGS-Saturday Is apt to be a little un certain as a market day for hogs , but It was all right today The market was not only 57'4c higher , but It was active at the advance , nnd everything In the yards changed hands In a short time. Buyers teemed to want the hogs a good deal worse than when they were cheaper , and thcj went after them without hesitation The hogs sold at tt M 3 .17'4 , with the long string at f3.90 Yesterday the hogs sold at J3 80i&3 % . with over half of all the sales at 13 82'/i ' or under. Hogs have sold considerably higher this week than lust , as will bo noted from the table of average prices On Monday the market showed an advance of 5e , on Tues day It was a shade easier On Wednesday there was another 5c advance , but the gain was lost the day following. On the last two days of the week the market made considerable gains , so that at the clo o of the week the market Is lie higher than it was lit the close of the previous week The demand has been good nil the week , so that the market n a whole has been en tirely satisfactory to sellers SHEEP Thtro was only one fresh load of fat stuff In the yards , and it sold nt a steady price. It was a bunch of western fed lambs averaging a fraction over 75 pounds and sold at $5 00. As showing the favorable condition of the sheep trade It might bo mentioned that these lambs UK feeders cost Jl 17 % and weighed nt that time only B5 pounds , Last year sheep feeders were confronted with just the re verse of this The sheep market this week has been In fair condition The iccelpts have been moderate nnd just about equal to the demand , so that the market has been In n good , healthy condition. Some days sales have been made that looked a little higher , but the next day would even It up , so that values are now Just nbout where they vveio a week ngo. Quotations : Good to choice fed yearlings , J4tt7IDO : , good to choice grass wethers. Jll5f425 ; fair to peed grass wetheis. J40Q ® 4 10 ; good to choice fed owes , J3.7BCT4 00 ; fair to good fed ewes S3 40tS3 65 , good to choice native lambs , $525 550 , good to choice fed western lambs , $5 25fG 10 ; fair to good fed vvchtern lambs , $4.0005.IS , feeder wethers , T3 65ft3.75 ; feeder yearlings. } 3 75j ) 3.90 , good to choice feeder lambs , J4.2 , if4.35 ; fair to good feeding lambs , Jl OOJfl 25 ; feeder ewes , J225927G. CHICAGO MVK flTOCIC MAIUCKT. Ciittlc OciirrnlljStrnily , HORN Sonic- 11 hut Illtclii-r nnd Slieen Sfrnily , CHICAGO , Dec 9-CATTLE-Genernlly steady , unchanged , good to choice , f5 GO ® 173,1 , poor lA medium , JI60J540. } mixed | stockers , $300 375 , selected feeders , J4.09 ® 4 C5 , good to choice cows , J3 654 75 , heifers , M25Q5&0 , cnnners , J .OWi3 00 , bulls , J235 ® 430 , calves , J4.00-Q735 ; foil Texas beeves , JIOOJJ525 , grass TnxuH steers , J260ff325. HOGS Cc higher for heavy packing and shipping , steady to shndu higher for light , good butchers , J3 901)112 ) 4 ; gooi ) to choice , J4 0055412' ' * . , rough , heavy , W80J/395 , light , J30oai07' ' < j. bulk of sales , J10&J407U. } SHEI3P AND I.AMHS-Steady. native wethers. J3h3'fT)75. ' ) lambs , J100S650 ; west ern wethers , J1004 ( 10 ; western lambs , J500 ( i)5 ) 40. RECBIPTS-Cattle , 300 head' hogs , 23,000 head , sheep , 1,500 head. KIIIIVIIN City Mic S to die. KANSAS CITY , Dec 9-CATTLE-Ro- celpts , 300 head natives that sold uctlvo at steady prices , liberal supply of slaughterIng - Ing cattle this week caused slight decline of from 5c to 30c. with boat grades show-Ing least decline , stock andTeeding cnttlo were In light supply , best grades selling a trifle higher , common kind steady , heavy na- tlvo steers , J3.2506.1D , lightweights. Jl Mfp IB 75 , butcher cows and heifers , J3,10j5fifl. canners , J250(63 ( 10 , fed westerns , J375Ti5.W , western feeders , J300tfi455 , Texas J360i/445 HOGS-Recclpts , 4,600 head , nrtlvo at 2"-o higher , continued light supplies at nil mar kets caused slight reaction In prices this week , advance amounting to about ISc , and rlobed today lit high point of the wreU , heavy and mixed , J390K397'4 , light , J3.5j ( ! 3iu. pigs , f37M3S | > 3 SHEEP AND LAMllS-Tlccclpts , 80 head , Increased supply this week caused decline [ of about 20c for mutton shfep , while killing- lambs , stock and feeding grades sold 1 "tendy , lambs brought M.i&pfi.io , muttons , Jl 00fi4 oo , feeding lambs. J4 40 ; feeding sheep , M 25ff375 ; stockers , J260g3.50 ; culls , Jl 603260 St. l.onln Mil * Stork. ST LOtMS. Dec. 9 CATTLE-Rccetpts. 300 head ; market about steady , native ship ping nnd export steers , J550JJ625 , with Christmas beeves worth J7 , dressed lieef nnd butchers , J4.00ffB 75. steers tinder 1,000 Ibs , J,12Srir > 50 , stockcrs nnd feeder" , J-1 Wff 470 , cows and heifers , J270f4So , cnnners , Jl 5W300. bulls , J2.50fT4.no ; Texas and Indl-in "teers , JSnojjisO ; cows nnd hclfer.s , J250'ft 375HOGS HOGS Receipts , 6,200 head ; market strong , 5c higher on best , others steady nnd slow , pigs and lights. WPOftlOO ; packers , it OR J < , , , , , , = < i rfinji in SHEEP AND LAMRS-Recelpts. none ; mnrkct nominal , native muttons , J3 75574.23 ; Iambs , J450fJ560 , culls and bucks , J2W0400. \ MV York Mtc Stock. NEW YORK , Dee 9 HEEVES Receipts. 6 6 head , no trading , feeling steady ; no late cables , export" , 40 cattle , CO sheep nnd 6,155 quarters of beef. CALA'ES Receipts , 48 head ; feeling weak ; veals , J5 00J8.50 , grasfers nominal. SHEEP AND L.AM OS-Receipts , 9.413 head , sheep steady , lambs dull nnd lSfi25c lower ; romtnon to good "beep. J2.7501.33 ; culls. J1.75U250 , lambs , J4.75fi5.S3 ; one deck , J'i.93. Canadian lambs , J5.EOB5.SO ; culls , J4.00 { fl 50 HOGS Receipts , 3,379 head ; no sales ; nom inally stendj St. I.Ue Stock. . .lonci'li . . SOUTH ST JOSEPH , Dec. 9-Special ( ) Journal quotations : I'ATTIjh Ilccelntj , 200 head ; market stront : nnd demand excellent. I H0US llecelpts , 6000 head ; market offTlic holier , nil grade. ' , f3 90JJ4 00 ; bulk of sales , I H9VTI3 97H. SHKHP - P.-HPX 200 head ; market steady ; demand good. Stock In Mirlit. rollow'lnp nre the receipts nt the four principal western markets for December 9 ! Cattle , Hoes. Sheep. South Omaha G15 8,384 4JO Chicago SOO 23,001 1,500 Kansas City 300 4,600 SO St. Louis 300 6,21)0 ) Totals 1,415 44.1S4 OMAHA Condition of Trnile mill < luotn < lonn on btnuli- mill Knncy 1'roiluee. EGGS Receipts light ; market firm at 16c. DRESSED POULTRY Choice to fancy turkeys , lOflllc. ducks. So ; geese , 8Jt9c : spring chickens , 707Ho ; hens , &f7c | ; ; roosters , 4&5c LIVE POULTRY Hens , G@6',4c : spring chickens , 6c ; old and staggy roosters , 3c ; ducks and geese , 6Q614C : turkeys. SQ9c HUTTnn Common to fair , 16c ; choice. 18Jj20c ; separator , 26c , gathered creamery , 22 < ir23c PIGEONS-Llve. per doz. , 90c. VEALS-Cho'.ce , 9c GAME Prairie chickens , per dor , , J5.50 ; grouse , J5 ; quail , per doz. . Jl 25 ; mallards , J3 OOQ3 23 , blue wing teal , J1.75 ; green wing teal , Jl 25n 50 ; mixed ducks , JU.50'tf2 00. OYSTERS-Medlum. per can , ISc : stand ard , per can , 22c ; bulk standard , per gal. , Jl 25 , extra selects , per can. 30e ; extra sf'otts , per gal. , J1.60 ; New York counts , per can , 37c , New York counts , per 109 , J1 'X 'XHAY HAY Upland , choice , J6 50 ; midland , choice , JO : low-land , choice J5 ; rye straw , choice , J5 60 , No 3 coin , 27c ; No. 3 white oats , 22V4c ; cracked corn , per ton , J12 ; corn and oats , chopped , per ton , J12 50 ; bran , per ton , J13 ; shorts , per ton , J14 VEGETABLES. SWEET POTATOES Per bbl. , Kansas , J2.23 ; Jerse3s. J4 ; large bbls. . Nebraska , J2 ID POTATOES-Per bu. . choice , 30J35c. } CRANUERRIES Cane Cod tS 0006 50 , Dell & Hugle , per bbl , JO 50 ; Jerseys , JO 25. ONIONS Retail way , vpllow , 65c : red. 7.ic CELERY Per doz. , 25530c ; California , j per bunch , 4360c. ! TURNIPS- Rutabagas , per Ib. . Uic : Cana dian. lUfrl c. CABBAGE-Per Ib. Itfc ; Holland seed , - CAULIFLOWER Per crate , J2 50. WATERCRESS-Per 16-qt cases , Jl.GO. MUSHROOMS Per Ib. box. 50c. FRUITS. APPLES Choice western shipping stock , J2.75S300 : Now York stock. J3 50Q4 00. GRAPES-Callfornla Emparor. 4. ! ; Cataw- bas , per small basket , ISc ; Malaga grapes , per bbl , J7.00fi7.50. PEARS Westctn varieties , J2 DO TROPICAL FRUITS. ORANGES-McxIcan , per box. J3 50 4 00 ; California navels , per box , J3.75M 00. LEMONS-Cnllfornln fancy , J1.234.50 ; choice California. J4 0004 50 ; Messina , J500S > 5.50. HIDES. TALLOW. ETC. IIIDES-No. 1 sreen hides , SHc : No. 2 green hides , 7&c ; No. 1 salted hides , lOc ; No. 2 salted hides. 9c ; No 1 veal calf , 8 to 12 Ibs . 9c , No. 2 veal calf , 12 to 15 Ibs. , 8c. TALLOW. GREASE. ETC. Tallow , No. 1. 4c : No. 2 , 34c ; rough , 2c ; white greasf , 2ai3Vic ; yellow and brown grease , 2 ! < > g'3c. MISCELLANEOUS. HONEY Per 24-sectlon case , J3,23@3 50. NUTS Hickory nuts , large , per bu. , Jl ; Shell balks. Jl 2Sf1.35 FIGS California layers , per 10-lb. box , Jl 15 ; California carton , per 10-lb. box , J1.23. MAPLE SUGAR Per Ib . 9c. CH1USTMA3 UREENS. TREES 5-ft , per doz. , J2 , 5 to S-ft. , per doz , J2.EO ; 7 to 9-ft , per doz. , J3.50 , S to 11-ft , p > > r doz , J4.50 ; extra largo sizes , 12 to 24-ft. . J2.OOtN.50. HOLLY BRANCHES Per case of about 60 11)3. . J4.50fif..OO , per bbl. , Jl.50 ® 1.75. MISTLETOE URANCHES-Per Ib. , 20c ; per 23-lb. box , J3.75. .Milwaukee Grnlii Mnricct. MILWAUKEE , Dec. 9.-WHEAT-Steady ; No. 1 northern , 67 c ; No. 2 northern , 66 ® ° UYE-Klrm : No. 1. 55 < 4Q56c. HARLEY Firm ; No. 2 , 42' ' c ; sample , 33 0 lOc. I'eorlil Alurkot. PEORIA , Dec. 9. CORN Firm : No. 3 , 30V.C. OATri Firm ; No , 3 white. 21 (57237ic. ( WHISKY Firm , on the baMs or J1.234 for llnlshed goods. Diilnth Wheat > Inrkct. DULUTH , Dec 9-WHEAT-No 1 hard. cash , 654c ; No 1 northern , cash , 65 } c ; May , ( , Sc ; No. 2 northern , 62 > , ic ; No. 3 spring , coicn AS i.ucoYiuTivn of I'.iiierliiiiMitH Coniluctcil an nnntL-ru Itiillronil. Several Interesting accounts have ap- pcred In the railway Journals during the . past twelve months of experiments that have 1 been carried out on nn extenslvo scale and apparently with marked success , upon the Boston & Maine railroad In suppressing the smoke nuisance from locomotives by the use of coke for fuel In place of bituminous coal. While there was no reason to doubt the | accuracy of those accounts , they were not olllclal and It Is therefore Interesting to Hnd the subject discussed In the president' ) ! annual report In the following terms "The need of n more cleanly substitute for bituminous coal -ns fuel for passenger ( locoaiotlvcn and ono that will minimize the present rick of fires from locomotive , sparku thrown upon property adjacent to the roadway , baa long been felt. To ueo anthraclto coal lias , until recently , been the enl ) alternative , but this , whlla much ! more expensive , Is illlllcult to use under ordinary conditions and is on the uliole , far from satisfactory. Within the past few I months the New England Gas and Coke company , whose worka are nearer this coin- pan ) 'n tracks In Everett , commenced the production of coke of high grade , uhlch was offered us In fiuch quantities and upon such favorablci terms that the experiment of Its cxtenalvo IIBO hi passenger locomotives was at once undertaken Ono hundred pas senger and HwlUhlng locomotives are now being regularly nnd exclusively fired nlth coke , and the results have been so sat isfactory In every detail the * ' use IB to bo extended to a larger pai < of the passen ger service as rapidly ns the slight changes necessary thereto can be made. Experience baa demonstrated that Its cost will not ex ceed greatly , If at all , that of bituminous coal , while Its general superiority In steam- producing qualities and Its freedom from smoke , duat , cinders nnd sparks justify the belief that the extent of Ita Introduction on other parts of the Doxton & Maine system will bo limited only by the quantity the manufacturers can supply. " "I was nearly dead with dyspepsia , tried doctors , vlbltcd mineral cprlngs nnd grew worse. I used Kodol Dyspepsia Cure. That cured me. " It dlgestu what vou eat Cures indigestion , sour stomach , heartburn mid all forms of dyspepsia. WANAHAKERON BIG STORES He Tolls Industrial Commission They Ar Beneficial to Society , REDUCTION IN PRICES TO CONSUMER Mnkrx Anncrtlnn flint Uie 1'rolltn In Irj Uooiln ( Jrnernlly Ilnvc Ileeti Itediiei-il One-Half In Twenty \enr . WASHINGTON , Dec. 10. John Wann- mnkcr lias testified before the Industrial commission on the subject of department stores. Ho asserted these stores nero bene ficial to eoclcty , having n substantial eco nomic and moral basts for their existence. "It IB , " he continued , "a natural product evolved from conditions that exist ns n re- | suit of fixed trade laws. Cheaper capital , j better transportation , more rapid communi ' cation , mnko the modem retail store possi ble , natural and useful , therefore , inevita ble. Economy In the expenditure of money , tlmo nnd effort measure department store sticccse. Just In proportion as thceo endi are reached Is It popular , powerful and pros- ne'ous. " Hu contended that the effect of the crea tion or thcso stTcs had been to reduce re tail prices. in support of this statement ho asserted that upon Amcticnn dry goods K-J- orally the retailer's percentage of profits hiu been reduced one-half during Wo Jant twenty years. This was also true upon woolen , silk and cotton fabrics. The total percentage of reduction In prices to the consumer could not bo stated , owing to the varying stand ards of qualities nnd taste nnd Improve ments In manufacture , but Mr. Wanamakcr believed that the consumer saves the entire reduction In the retailer's profit. In some articles definite comparisons of prices were made. It could also be stated , ho said , that the profits of the great retail stores vary from S to 6 per cent cti the dollar of business done. Loir I'rlccH Htlmnlntp < 'on iinii > tloii. Mr. Wanamaker argued that reduced prices Bticnulatt ) consumption nnd Increase cm- plovment. Moro labor was required for pro duction , transportation and distribution. The public service was the sole basic condition of the growth of the retail trade. The variety of articles dealt In was such that It was Impossible to form combinations and trusts In the retail business. It was aa the jour- nalletla nnd other learned professions The only advantage of the largo store over the small was to bo found In the superiority of Its service. It was also true generally that the employe In a larger store was bet ter off than the proprietor of a small store. Some of them were paid J3.000 a year and many $2,000. Speaking of the effect of the combination etorcs on shopkeepers ho said It could not be denied that ono of the effects of the big stores had been to retire from business email retailers , but he contended that while this was true the Interests of these few people ple vvero not to be compared with the In terests of the masses of the people Ho classified the largo store as mcrcl ) an en largement of the general croes-roads store and the greatest advantage found In them was that they eliminated adventurers and speculators from the business. "Do not the largo retailers often make a point of buvlug up bankrupt stocks ? " he was asked. "If they do they are children merchants or Idiots , " the witness replied. Ha went on to say that ho had been of this clflso until within ten or tuelve years ago , but he had changed his methods in re cent years. Ho had discovered tluit the people - plo did not want debris sucl as bankrupt stocks , etc. The great demand was for new things , and often the goods were consid ered old which had not been on the shelves for more than thirty days. Ho argued that the properly conducted etoro was a univer sity , educating the conplojo not only In writIng - Ing , spelling , etc. , but in morals. Men were often discharged for Ijing to customers. Mr. Wanamakcr eald that when he had first gone Into business he had thought ho would do his own manufacturing , but aban doned the Idea , finding It prcfeinble to be able to so Into the open market. He did not believe In selling goods at less than cost as a mere bait and expressed the opinion that the store which followed this practice expected to make up the loss on eomo other prices where the advance would not be suspected. Referring to the advance in the woolen manufacturers in making tvoolcns , Mr. Wanamaker said : "Wo don't need the French any longer In this work. France can go to war with England If she so desires we would not miss her. " "How about England ? " "I would rather go to the Paris exposition than go to war with England. I am too fond of Joe Chamberlain , who if ) doing so much talking of late. " In the larger stores the purchaser of largo quantities had no advantage over the bujer of a small quantity. The mail order busi ness had not been found profitable. He found women quite as useful as men In many places In largo stores and In some Instances women employed get as high ns $5,000. In reply to n question the witness said ho believed the fixing nf a gold basis for the finances of the country and proper regula tion of tariff would make a step of progress In the Interest of the business of the coun try. Ho thought the trusts should bo regu lated. ciurics Aim < uvii ; , . Anil Snarroivn Are Itpoillilriln Itrforr They ( Jot ( o HrHtiiiirnnlN. Providing game birds out of season as well as in season gives employment to many wldeavvako folks around I'nterson , N. J. , sns the New York Press There was a tlmo In New York and In other big cities when no quail could be secuied In the restaurants and the bird was scratched from the menu card In the dining halls. Hut no ono can sit donn to a dinner now and bear the waiter say : "There IB no quail ; It IB out of season. " That's because there Is a new kind of quail In town. The qunll is fur nished from North Paterson and Clifton and the quail Is tiny chickens raised In Incu bators "Do you have much call for this quail ? " ono of the Pntcrsoji dealers was BBKOU the other day. "Hlesa your heart , wo have more business ' than we can attend to , " was the prompt re- ; ply. j I After the chickens have loft his hands and | get Into New York they are not chickens , but I ' quail. In the first place , they are put oc Ice 1 for a few dn > s , nnd then the French cooks have a preparation that turns them Into quail , or so much like quail that no ono unless an unusually good judge can tell the difference when they are served on the table tightly wrapped In n thin slice of bacon. There U a good living In the business , and In the seaeon when quail Is scarce 90 cents a pair can bo got for the little chickens. Then/a another bird always plentiful In Now York restaurants and never out of season. That's the little reodblrd. A French firm In West Paterson Is weaving n line silk netting so fine , In fact , that It IK hardly noticeable. This netting la used for catching sparrows , und about 100 a day are trappcj on the Grand street reservoir In Paternon by four enterprising Trench- men , and they are sold In Nev , YoiK ns rfdbirdb There was a time when It wasi thought that sparrow * could not bo eaten , I but the French people soon dispelled thl * Idon , and Frenchmen on the outskirts of the city shooting sparrows Is a dully sight There Is no law ngnlnit the killing of this bird , and , In fact , the farmer welcomes the hunter , nut trapping them In the silk net Just Invented by the I'nterson firm Is fnr superior to the gun. When the net Is spread out on the grass U Is not noticed nnd the birds unarm In nnd nre picked up with case. The sparrows don't require as much doctoring to be turned Into a rcedblrd ns n chicken docs to be made n qunll. Cut the head from a spnrroxv , nnd then the little feathered fl > er Is n rredblrd nnd ho finds n ready sale. AtI3 ! UM1T OP OU1MT MC\ . ( Jointly Proportion Ilvncli < li < * lltlillonl I.hull of SoviMil ) . A great mnn does not nlunjs nttnln n ripe old age ; In fnct. hardly halt of the greatest men of modern nnd ancient times have reached thnt limit of ago set by the Illblc 70. Among statesmen Mlrnbenu was 42 , I'ltt , 47 , Cnesur , 55 ; Illrholleu , 57. Crom- well , C ! ) . Washington. 07 , Charlemngne , 71 ; Frederick the Great , 71. Disraeli , 75 , Augus tus , 70. nismnrck , 83 , Tnlleyraml , 84. Of great conquerors. Alexander the Great died nt 32 , Napoleon nt fit , Hannibal nt G3 , Them- Istocles nt 65. Mnrlus nt 71 , Mnrlborotigh nt 72 , Tlily nt 72 , Hluchcr nt 76 , Merna- dotte at 80 , Wellington nt S3 , Xcnophon nt ' ' S6 , Moltkc nt 91. The ani > nf thn IPPPSP nf ' philosophers was : Spluozn , 44 , Descartes. 63 , Hegel , 61 ; Aristotle , 62 , Socrates , 68 ; Mcbnltz , 70 ; Llnnncus , 70 ; Copernicus , 70 ; Galileo. 7S , Kant , 79 , Pinto , 82 , Nenton , 84 : Humboldt , S9 , The longevity of great writers nnd poets IK ns follows : Hyron , 36 ; Schiller , 45 , Molloro. 61 j Virgil. M ; Shnkos- penre , 52 ; Dnnte , 56 ; Dickens , 57 , Horace , 57 ; Haclne , M , Scott , 61 ; Milton , 65 , Cor- vnntes , 68 , Aeschyhus , 69 , Habclals , 70 , Petrarch. 70 , Hurlpldce , 74 ; Cornolllc , 78 ; Victor Hugo , 83 ; Ooelho , 83 ; Voltaire , 84 ; Sophocles , ! > 0. To painters death came nt the-nges stated- Raphael , 37 , Correglo , 40 ; Van Dyke , 42 , Holheln , iV. Vclnsqtie ? . 61 ; liembramlt , i3 ! ; Kubens , 61 ; Mlchncl Angelo , 89 , Titian , 9l. ! Musicians died nt these nges- Schubert , 31 , Mornrt , 35 , Mendels sohn. 38 ; Chopin , 30 , Weber , 39. Schumann , 41 , Beethoven , 56 ; Bach , 65 , Pnlrstrlnn. 70 : Spohr , 75 , Handel , 75 , Haydn , 77. And four grent religious leaders died nt these ages' Cahin nt 54. Mohammed nt 62 , Luther at 66 , Confucius at 71. Mrs. R. Churchill , Berlin. Vt. , savs : "Our baby was covered with running sores. Do Witt's Witch Hazel Salve cured her. " A specific for piles and skin diseases. Beware of worthless counterfeits. SUPREME COURT PROCEEDINGS LINCOLN , Dec 5 Court met pursuant to adjournment William II Hill nnd Samuel lj Winters ' were admitted to practice Far- men' .t Merchants' Insurance Company ngnlnst Putnam , dlimlised , Pearson against Badger Lumber Company , suggestion of diminution of record , sustained , Bucl against Malloiv. dismissed , Mansfield against Johnson , dlsml ed ; Anderson against Hendrli kson , leave to withdraw for .certificate. State ex ic ! Saunders against I ' flat k , leave to llle briefs as per stlpuln- 'tlon , Wntlmer against State , dismissed , Leavltt against Bell , advanced. Home Fire Insurance Company against School District 21. dismissed. Nebraska Savings and IX- chaiiKO Bank against Brewnter , Order for hearing Dei ember C Webster against Hastings , application to supplement record sustained , motion to strike briefs denied , Sprague Kle trlc Railway ( . 'ompany against Mercer , dismissed. American Investment Company against Gulllford , dismissed , ns per stipu lation , Huff against Hlnes , order to llle briefs In twentv days or dismissed nisi , Perrln against Hnnna , motion to reinstate appeal overruled , Johnson nsalnst Munn .t Defts , motion to qunbh bill of exceptions sustained and judgment affirmed ; Smith against Smith , appellee allowed J20 per month until otherwise ordered , ns tem porary allmonv , nnd $75 as suit money ; Fitzgerald npnlnft First National Bank of Charlton , plaintiff to g'lvo security for costs and frve and file briefs In twenty days or dismissed nisi ; Eastern Banking Companv against Sealev , advanced ; State ex rel Waldroon against Ramsey , motion to mnko petition more definite and certain over ruled , leave to make return In five dnvs ; Fnrnham against Lincoln , motion to dls- mlret and motion to advance overruled. Court adjourned to December 19 , when the fcllowlng cises will b& called : Blrkner ngalnst Barr , Walsh ngaln't Peterson , State against Murdock , Tobln against Jacobs , Sutton against Sutton. Donnlcker nenlnst Wright , Schlurerk against Wld- helm Pnrmelo against Sehroeder , Sprccher aunlnst Zimmerman and Miller against Necly. Supreme Court DVclNlonx. Burr against McCallum Error from Web ster county Harrison , C J 1 In an action of icplevin the Inquiry Is of the propcrtv In the pos csr1on of and wrongfully withheld from plaintiff bv the defendant nt the commencement of the suit. There can be no recovery of damages bv nlnlntlff for pronortv of whleh the de fendant had not possession or control when llle case was begun 2 The verdict to the extent It wan for damaces for propprtv not taken under a writ of renlevln Held , not unstained by the evidence , but the contrary decided In regard to property taken " Actions of the trial court In giving nnd refusals to clve Instructions determined without preludlclal error to the extent thcv embodv statements or matters relative to the portion of the verdict which there was evldrneo to sustain 4 A jurv chould be charged to base Its findings solelv upon the evidence but a fnlluro in this regard Is a non-direction nnd not fatal If for the complainant there waH not prepared and asked nn Instruction on the Mibject Harms against Freytncr. Krror from Nimniia county. Reversed nnd remanded Sullivan J. A letter In whleh n surety on a note states to the pnvee thnt he Is Informed tint the note , describing It. ic not pnld , nnd asks the pavee to collect the monev due upon It and declares that he "will no longer be held good for the note" In raspIt be not promptly collected. Is a sullli'lent ncknovvl- edcmnnt of the Indebtedness to arrest the running the statute of limitations Humpert ntr.ilnst McOivoc' ' ' Krror from Dnutrlan county Affirmed Norvnl , J 1 Ruling * of the trial court In the admis sion or refection nf tfRtlmonv nre not re- vlnwable In the npnellnte court , where the attention of the trial court was not chal- lenced thereto In the motion for a. now trW 2 Instructions to whleh no exceptions tre taken nt the tlmo they were given to the turv nre not revlewnhle In this court 3 This court will not review the evidence to npiertnln whether It Is f uIIrlent ( to sup port the verdict when the qtifBllon Is not rnlHivl bv the assignments contained in the petition In error. 4 Assignments of error not argued nt the bar , or In brief filed am wnlved Vnndeveer rigaln Hlcelns Hrror from Ncmohn county Reversed and Instructions remiindpd Harrison. O , J 1 Whether the devisee of her senrirate renl oHtato bv a married woman will ox- rliido the husbnnd'H estate by courtesy not docldul because not directv ! Involved 2 A will executed bv a Mingle woman Is revoked bv her subsequent mnrrlnge , nt least to the extent It would on ratn to ex- ilude her husband from his rli'ht n tennnt bv rourtecy in any InndK of wlikh ( die died tvpd ! In her own right of nn estate of In heritance f'hlcaifo , Burlington < Sr Qulncv Rnllro.id fonmany against Flrni Nntlonal Bnnk or Omnha Anneal from Douglas county. Af- firmrd Sullivan. J A rohenrlnr having been grnnted In this enne the record If re-nxnmlned nnd the ron- rlii8l"iiH reached on the former hearing ad hered to. Barr against Post Anneal from Lancaster county Affirmed Sullivan J 1 The Intentional production , by n liti gant , of false testimony to establish n eiiUFO of action or defenr < , amount * to Hiieh a fraud ns will In n proper rnse. entitle the ndverco nnnv If uiiKU' > ce fiil to the vnoa- tlnn of the judgment rendered niralnst him 2 In an original cult to nnnul tluJn < ! < r- ment on the ground thnt It wrw frnud'ilentlv ' obtained the nlaln'f mu t allege and prove thnt hn exerelw' dun dlllc-onco at the for mer trial nnd 'mt hln falluro to secure n lu t decision of the IHSIICS WHS not at tributable to his own carpeHsnc | ! i or Inac- tlnn 3 A nnrty muni In prenarlner for trial proceed on the nssunmtlon thnt his ad versary will produce evidence to support his 4 Whf-re nil the ovldence given on n for mer trial IB not contained In tl'p rccorl undo"1 review tlio court ennnot determine 'whether the Judgment rendered on cucli tr'al ' wa the rwiiH of fnl tf-Mlmonv Ix > tt > > ruliint Hammond Frror from I/in- fiistnr count ) Reversed Harrison < ' ,1 1 In n law action a party IK entitled to a ijur- trial a matter of rl"ht 2 The nature of an action , whether legal I of eeiultrtblr , Is detrrnilM.ibli- from It * main object a1 * dlrlo etl by thiivertnent of the pleading and the re-lle-f cousin 3 A Invt action li not trlnbln wltliout a Jury borHiiip thcrr me l mn > s Inrldriitnt to e > r nle-mcntnl of the main ono which nro equitable ! n tholr nnturc 4 TheheniliiK ml fnvorsK'r dfte-rmlnn- tlon of n motion to trnn for a i.iti r to tll ciiltv ( | docket of n e-ourt P i itnit H Is placed on iurh docket do nut neei f rlly eloilde the right of the partv opponent to thn notion to a Jur > trlnl In n law rtrtlon ; If n dem ind for u Jurj l < < Moffcioj at of prior to the time the rnr U called for trial Hi donlnl M error. I 5 The rrfusol for a demand for n jury I trlnl In the case nt bar held an error wnlcll Icnlls for n re\ersnl \ of n JudRniMit 11 M M.e < "ormlck * Co. ni'HiliM Cum- mlna. 1'rror from lied Willow rount > Hnr rNon , C. J 1fter service of fiiniinon * In a personal action In the- county whiro comnifiiced , upon ii pnrtj who b.v tlu > plotidlngs Illod ll n n > nl Oc-fcMidnnl , siimtnonw miu be prop' f > rly l upa to iinv other count > of the Mntij for j-ervlce upon other dofe'iidants ' 2 The snniinnns Issued l\v the county i court for i'rv Ice- upon n defendant of n count } other than thn one In whiih the > nc tlon Is c-ommrnced Ii correct ) ) dlrc > cti-d to the MhcTlfl'or an > constable of the count ) . H The miimnon.M t > o | - ( u > iln \ not void be cause there do not appiur the nnmea oj all dcfendnntM In the nc"on. 4 The dcfoiiHo of thn bar of the statute Of limitation" . If nut presented liv n pica , H wnlvi-d rllobion v Cuinmlns , 01 Neb , Cll , follow CM ! ) Dirks aK.tlnst Jiiel Krror from Xcmnln county Iievor'-oil Sulllvnu , J. 1 Bringing inonov Into oourt Is the act of deposltlUK money In the hands of the * proper oillcor of the court for the pin pose of wills- fvlnc a debt or duly " ! lin , . .l.rlnt II. . . . . . .iifl In ll. > ni./ > . custodian of monev paid Into conn pursuant , to nn older or judgment of the court. 1 Monri paid to the plerk of the district court bv refeiees n partitions pioi-eedliiKS , In obedience to nn order directing the money to be bronchi into court , IH received bv such clerk In his official capncltv. 4 A Irustro who deposits trust funds In a bank to hU private uecotint. In the ab sence of ttpii-Ial authoiity so to do , Is guilty i of conversion | 5 And In such cn"p the nineties on his official bond for the term of office durlnj i which such ennvi'r lon occurred ate IIibid to the p.utj Injmed 6. In ense a trustee has converted trust fund' * the eestitl que trust maj. either pur sue the fund or sue for conversion. . Home Flu * Insuinnee Company against iJohnnsen Krror fiotn Washington county. Reversed Sullivan , J 1 The but den of proof as to new matter b.v waof ( omnilsHon and avoidance of tliu allegations of an ndver.satv'H pleading , Is on the party setting forth sucn new mat ter , 2 A reply wlilch icfers , In vague and general terms to the allegations of th < answer , fliould be construed ns responding to the particular matters set forth In tnicli V answer. . ' ! A patty by pleading an avoidance ol matter et foith In his adversary s plead ing conceded the truth of such matters Ir seeking to avoid their legal effect. 4 The giving ° f " mortgage on Insured cattle. In violation of a condition of tin pollcv against liicumbinncV ! " , renders such policy void 5 In such case the cancellation or dli charge of Ihe Hen before lot's occuts ie- vlves the contract i Ami lliliiirilmt nf nrnvltir * cltnli . ' ftlipol. latlon of the lien Is on the Insured. 7 The determination of questions pre sented to this couit In Hn review of tlu proceedings of nn Infoilor tribunal liecouK the law of the ease , and , oidlnailly , will not be re-oxamlned In a subsequent review of the proceedings of the Infoilor tilbunal on a second trial of the ease. Cervenn against Thurston Hrror from Giige county. Reversed Norval , J. 1 Objections to the term of a verd'ct ' must be ninde at the time of Its rendition to be available In the appellate court. 2 A verdict for the plaintiff In ejectment finding that he was the owmjr and entitled to the possession of "the property described In the petition" Is sufficient ns to description when the propertv Is clearly nnd accurately stated In such pleading. 3 Ono who lins been In the actual con tinuous open , notorious , exelu"lve , adverse possession of the real estate under claim of ownership for ten jeaf ) thereby ac- qulreh a perfect title to the. pioperty , which Is not divested by the tact that another person thereafter occupied the premises under claim of right for a period of less thnn ten yenis 4 To acquire real property by adverse possession It Is not essential that entry should have been made under claims of ownership , If the eompanv was with In tent to claim against the true owner. JOBBERS & MANUFACTURERS OF OMAHA DRY GOODS. lap f t r nd Jobber * of Dry Goods , Furnishing Good * AND ELECTRICAL SUPPLIES. Electrical Supplies * Eleotrlo Wiring Bolls nnd Gns LlgMtnn O. W. JOIIN8TON Mcr I6l < > "ownrrt < BOILERAND SHEET IRONWORK BnoecKiioriiVllnon Jt Drake. Manufacturers boilers , Rmoke stacks nnfl treechli.ss , pressure , tendering , sheep dip , lard and ' .rater tanks , bailer lubes con- Itantly on hand , second hand boilers bought nnd sold Bprrlnl nnd prompt to repairs In city or countrv 11thid Pierce. BOOTS-SHOES-RUBBERS , merican Jobbers of Foot Wear WKBIKKN lOKHTI FOR Xlic Joioph Bonigan Rubber Co. CHICORY The Ohicory Go. Orow r ail ninuftoturerf of all form * ol Chicory Omaba'Fremont.O'Ntll SAFE AND IRON wORKS. 'he ' Omaha Safe and Iron Works , G. ANDKKUN , Prop. Makes a ipoclulty of - ESOAPK8. , ind Durxlnr I'roof Safes ami Vuu. t Doors , etc. afu H , Mill K . . Ouiuhn. Nell. rCNC IMS RRPEMMEYaca ROOM4irurEBLCO. ( BRANCH IQ3BrUT OMAHA MCB UMCOLTI HUt > JAMES EOOYD & GO , , 'Icluplionu 1030 , Oniohii , COMMISSION , KAIN , PROVISIONS and STOCKS or TII.UM ; . Porrespondence John A Warren & Co Direct Hires to Chicago nnd New York