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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 6, 1900)
1J1JU OJkLAllA JJA1L1' JUfiJfi : Itl'.SUAV ' , KEmUAKY (5 ( , 1SIUU. ALIIYS FRANK IS IN COURT Ex-Disiroi Clerk Appears Befora Judge Eitelle to Answar Mandamus. DIFENDNFWEARS SMILE OF CONFIDENCE COtiNlltnf lonnlllof I'cc l.iuv At- tiicltcil , unit Secretary of Mute Uronulit Into Court nlth lleeiirdx. Albyn Frank , ex-clerk of the district court , who In violation of the recently en- uctc-d fee law refused to render to thu tounty commlsiiloucra an accounting of fees for the last quarter ot the year 1839 , op- pcarnd hcforo Judge Estello yesterday lo defend the mandamus action brought i ygalnel him In the. name of the county. I Frauk Is rcprencnted by Attorney Ud P. Smith , president of the Jacksonlan club , and tlrccno A : Ilreokciirldge. The county attorney hfi'j no assistance again&t this array of legal lull-lit. Hut llttlo headway was made In tha eusn at the forenoon session. The greater part of thu tlmo was taken up lu the reading of the petition and answer and in rcpartco between the popocratlc county attorney and the nojiocrnllc chief counsel for Frank who was elected a a republican to the ofllce of district clerk. If thcro was anything Rcriuiin In this repartee , It wan not vlslblu to the naked eyo. It had thu appearance ot n great big joke. The chief contention of the defense Is that' HIP law whereby the olllco ot district clerk U placed on a salary basis , and providing that all excess fees ehall be turned over to tin ) county , was never regularly cnactul by the legislature. H In set forth that the leglf-lnturo journal does not show the proper record , and that thciofore the law is void. Other side Issues for defense may ho brought out , but greater stress Will bu laid upon the alleged Irregularity in the leglslaturo proceedings. Ni'crtslnry of State The only witness examined at the fore noon cession was William F. Porter , secre tary of stale. Mr. Porlcr brought with him the legislative Journals of which he Is the custodian. These records were spread out upon a table and a lengthy discussion re sulted ns to how much of the voluminous bundle ought to bo Introduced as evidence. Although Mr. Porter was on the stand an hour or longer , his testimony developed nothing of particular Interest in the ease. Much tlmo was consumed In having him Htate his official poslllon and In Iho details of other preliminaries. Frank appeared lo enjoy the experience of appearing In court to answer the county commissioners' mandamus. He sat by At torney Smith and frequently talked with Jilm , smiling all the while. It he IN worried Ills general appearance doon not bclray It. A few moro witnesses will ho examined and then the argument will begin. This Is- tie IK largely a law question and the real contest if there Is lo bo a real conlest will come with the argument before the ronrt.It Is understood that an appeal will foe taken If Frank falls to secure a favorable ruling from Judge Kstelle. When Iho case was resumed In the afternoon - noon , Attorney Smith presented u motion to exclude oral testimony , taking the po- tuition that the records alone are proof of what proceedings were had In the legisla ture. Along this line ho argued at great length. Ilo was supplemented by his asi soclate counsel. Then came the county attorney - torney with argument to the effect that oral testimony was needed In order to show lhat the records were not now as they were oilglnallj In short , he Intimated that they" might have been "tampered with. " "A great many dlstrl"t clork.i were Interested iii < .the fnto-of thls > bill , " s-.lld-lhe county attorney , "and while some of them had greater Inlorests than others , every clerk in the stale In a county having more than 8,000 population was more or less con cerned. " At B o'clock the county attorney announced that he would tlofo his speech for the day. liit ) that lip would have moro to p.iy this morning. Judgn Kstelle declared the ques tion at l&nio worthy of great consideration , and ho Indicated that he-would permit every legitimate effort to clear up the dispute that has arisen over the records of the legisla ture. As the journal now stands , It does not nhow that the house concurred In a senate amendment to the bill , therefore the legal enactment ot the bill is questioned. The contention of the county attorney Is that either by accident or design the page on which ( ho proper record was made may have been removed. Thu hearing will ho resumed this morning at 0:30 : o'clock. TAX ASSEs1wlENTS ANNULLED .lmlu < ' Illi'UliiMoii of the ICiinity Court Dt'i'lnri'N County CoininlN- lOrrrd. Tax assessments made upon South Omaha property for the years ISS',1 , 1S)0 ! ) , 1891 , 180:2 : aud 1893. hiivo been declared void. Judge Dickinson so ruled In equity court yesterday < morning. This Involves a' large sum of mo ey. A technical error on the part of thu county ccmmlssloners , who were serving In 1880 , Is the bus IK fcr Judge Dickinson's decision. The ruling came about in the case of Cansidy agalnet the city qf Siuth Omaha. The plaintiff had failed to pay taxes aud went Into court to have the legality of the nsRomncnt tried. Judge Dickinson rendered hla decision on two giounds ; 1. That the county commissioners were not locally In pension at the meeting Id 1880 \\l\cn \ they passed a resolution establishing thu assessment precinct of the city of South | J Omaha. The Irregularity of the session was duo to the fact that at the previous meet ing thu county hoard adjourned without llxlng u dnto for the next nicotine. That was understood , however , and no notice was taken of It , so Iho next meeting occurred at the regular dale. It Is held , however , that the records should have shown to what date adjournment was taken , or If the session win specially called , the record tdiould so state. 2. Conci-dlng that the board had authority to pass the resolution estahllBhlng the pre cinct of South Omaha the resolution did not Include alt of thu city. Judge Dickinson held that under the law of 1800 by which South Omaha was Incorporate ! ! , It would re- qillre four assessors for the product , tach one to conform to the boundary llnee of the different wards , The present county commissioners do not ' iieom to bo oxorplsed over Judge Dickinson's dtcBon.Vhacvcr | | blame there , Is dooj not devolve npan this board , It Is cited , but on the board nti It was composed In 18SO. Commissioner Odtrom said : "I do not . . ilniih It will bo necessary for the county board to appraHhlH rase. It Is my opinion that the commissioners , nlttlng as a Hoard of Initialization , can rwidlly adjust matters. The Commercial club of South Omaha Is now trying to get this board to fall Into the nme rrcor that the old board made. Tht law sayn there Bhfill he four ansessors fo- : South Omahn , yet the Commercial club ' nanig im to appoint ono man to do the I wlwlo work. That may he all right , but the proposition IK not logical , alnco the law nays thnt four men shall serve. " , n nun IIVKKII Tinr.s 1101MIS. : llrfonilnnl In Court on Cliurco of Stcnlliiur ItriiMM from Itallrond. C. E. Ilolmtn , arrested several months ago I on the charge of stealing $72 worth of brass i fixtures from the Uurllngton railroad company. Is on trial before Judge Hakcr , his raso being the first criminal hearing of the present term of court. Holmes was arrested i In Rage county and was brought h : ro for trial. It Is Mid that he operated ! extensively. i The brasses which Holmes Is alleged i to have slolenyore such as are ! used ' by railroad mechanics In repairing earn. Scott Kl ml a a Client. Cunningham R. Scotl , who was ones "Judgo Scott , " appeared before Judge Dick inson yesterday to defend Mory Boyd , who recently ( secured a divorce from John Boyd , nnd whose decree Is held up pending adjustment of n fee claim presented by the attorney who represented her In the original dlvorco proceedings. The cape was contin ued. Tfils Is the first appearance of Judge Scott In court since he retired from the bench. NoteM of the Court * . S. D. Mercer's HillawliiPt the city to have certain taxes declared void has been j decided In Ills favor. 'The ' ground for the ' derision Is that notice of special assess ment was not given proper publication. i Judge Haxter has approved the report of llr. W. H' . Hanchett and Attorney J. Ij. 1 1 Kulcyvho were appointed n commission I to Investigate the Faulty of IT. O. Worst , an Inmate of the Hastings asylum , and who declares ho U not Insane. The commlsslon- [ i ers reported adversely to Werst. j Judge Dickinson has dlsHolvod his tcm- ' poniry restraining order lu thenomowhat noted Miirpby-Olassow e'aso from South , Omaha. Murphy and Glasgow own adjoln- Ing properties and It was alleged that Mur | phy built a spite fence to shut off Glus- KOW'S light. The temporary Injunction waste to restrain him from further extending t'ho fence. BOILER MAKERS AGTTATING Uexire Co-Operation of I'nerN of Itoll- ! ei'N IteMol n t IOIIM liy Cen tral lutnr ! Union. % The Boilermakers' union Is at work at j present trying to secure recognition for that organization by all the boiler factories and repair shops cf the city , and have In augurated a campaign of education to in- | elude all of the users of bollera in Omaha. I They have prepared a preamble and ngree- \ ! incut , Indorsed by the Central Labor union at Its last meeting , and which will bo pre sented to all persons using boilers , with a request that each one sign It. The paper sets out that many of the repair shops are employing unskilled labor , and that by so doing are not only doing poor ivork , fcr which they charge first-class prices , but arc keeping competent men out of employment. The agreement Is to the effect that the man agers of the buildings and others controlling boilers will hereafter ask to see the card I of all journeymen sent to make repairs upon ! their boilers. | I The Central Labor union also passed a resolution elution requesting the Hoard of Education ( to continue the present system ot making repairs on school buildings by day labor , employing none but union labor. i The Chicago Federation of Labor has 1 started out to help save the public domain for the actual settlers and has scut to all labar assemblies a resolution in their behalf. The one sent to the Central Labor union of Omaha was , adopted unanimously at the last meeting. It calls upon the government to give title to land to none but actual set tlers , and If necessary to the settlement of the land to build storage reservoirs and irrigation canals. PERSONAL PARAGRAPHS. Owen O'Neill of Battle Creek. Neb. , is in the city. Harold Hamilton of Danville , 111. , Is ut the Mlllard. Oorgn Godfrey of Columbus In at the Mlllard. Henry Kmmcreon of Dubuque , Is. , Is at the Mlllard. C. F. Hubbard , a stockman of St , Paul Is In the city. T. K. Thin-nail of Cheyenne is at the Merchants. Charles A. PfeltTer of St. Joseph Is at fhe Merchants. T. 10. Reagan of Kansas City Is at the SIcrchants. W. D. Prullt of Arapahoe , Is a guest of the Mlllard. J. Scott McCoy and wife of Benson are at the Murray. H. F. Grlllln of Tekamah Is registered at the Merchants. Mayor W. H. Piatt of Grand Island is t the Merchants. II. C. Matthews of Salt Lake Is stopping nt the .Murray James. Malone , a contractor of Lincoln. Is at the Murray. Joseph Swlsher , a stockman from Mon tana. Is In the city. 1 iiV.-i " ; Dcltrt1"- ! Hustings banker , was a Mlllard guest .Monday. K. L. Mncjruder of St. AugmHIno Is rec- istered at the Mlllard. F. W. Harbor nnd wife of Franklin are guests of the Merchants. A. D. Sears , a prominent Grind Island business man , Is at the Murray. | County Clerk J. W. Shalmta of VMbei I was at the Her Grand yesterday. j Robert C. Brown of Ardmore , S. D. , Is trnnHnrtlni ; business In the city. c' . P. It. Williams , wlfo and daughter of Grand Island , , ira ut the Murray. M. II. I lope well , nn attorney from To- j hnmah , was at the MMIard Monday. j II. H. liryson , representing the Fanvell ' Dry Goods Company of Chicago , k at tin i Murray. , James A. Cllno of Mliiden , a national bank examiner , was an Her Grand i.est . Monday. I It. A. MiiKcm. L. F. Smith and I , . C. 11 Smith ot KIIOB Fall * . VI. , am reglsierod at the Merehaiilo. Secretary I'tt of the Commercial elub han gone to St. Louis on business connected with club affairs. | Attorn-ry U. G. Lone of Lincoln , ind At- Btorney , A. S. Sands ) of Wllbt-r reglNtore.l at , Her Grand Monday. M II. Salman , reprcHcntlng potter Si Hutliiiton , munnftii luring Jewelerr of Prov- Idunec , U. I. , called on the trade Monday , Attorneys c. C. McN'Ish of Fremont. M. A. Iliirtlgan of lus | lugs and T. K. Kirk- patrlck of Hruki'ii How were at the Mer- i-haats Monday. I Mr. Jordan , father of Mrs. .1. J. Uli-koy "land Mr. 11. O. Jordan , died In St. Louis . February 5. Mr. Dickey and Mr. Jordan left for SI. I.onls on yesterday's "train. I .Major F. U. llathaway , nuartermusler I of the Department of the Missouri left I yesterday for JelTcmin Ilarraeks. Mo. , ! on public business. Ho Is overseeing Hie ' eonslructlon of driveways and other public | Ini rovenienlH. Major Slaughter , pnymnster la the local I I department , is making preparations to leave , for hl new post at St. Louis , and will < le- part next week unless other arrangements are made. As soon as Major Slaughter is I eslabllslu-il in his now quarters Major linker , his nufeesMir. will aH.tume tlm ila- I ties of tile ol'loe In Omaha. It l not yet announeed whether any other paymaster , will bo detailed to this department In place ' of Major Humner. recently retired. WALTHAM WATCHES The best and most reliable timekeepers made in this country or in any other. The * ' Rwci'side " ( / * . * ) movement is jeweled throughout with rubies and sapphires , For sale by all jewtlers. MILL \ 1 OF JUSTICE GRINDING 1 February ] Term of District Court Opens with Heavy Civil Docket. IMPORTANT CASES COME UP FOR TRIAL K of Docket I'rotoiilN'-n Civil Suit Which Inviilvi'M NIIIIIPN of MfiiVho At nil f Kuril IIU- orj of Onialiiit ; The February term of the district court j opened ' yesterday with n civil dosket I somewhat ' heavier than usual. There are 1.678 ' civil cases and 1 ! S criminal prosccuj j liens. ( The term of court prior to the ono ' just J opened had 1.43C civil suits on the Ji docket i and 208 criminal actions , which goes i lo show that crime U decreasing , while . business Is Increasing. : Ono of the first civil proceedings on the docket Is the case of Joseph Darker and olhers against John H. Green. This Is an ejectment suit In which much of the early history of Omaha Is Involved. Connected with It are the uamea or prominent pioneers , several of whom have been dead many years. The case has been pending In the district court fifteen years and has had four trials , It has been to the supreme eourl once and was there reversed and remanded , con- i sequciitly It'will rome before Ihe district ! court once more during the present term. To rccllc the story from the beginning , on Si'lurday , January 3 , 1S. > 7 , a band ot pioneers j organized the "Omaha Town and Qmrry j ompany. " The Incorporntors were Samuel Moffet , C. A. Henry , A. J. Poppleton , A. H. Mocro , W. D. Hrown , George E. Darker nnd William Dyers. This company subsequently acquired land and platted n place known as Orandvlow , which Is now a part of the southeastern section of Omaha. This was lone February 24 , 1859. The plat Included a stone quarry , which was the flrst to be discovered In Nebraska. It was Known to the company as the "Stone Quarry reserve. " John H. Green lea ed the quarry and did ivhnt the old-timers called a land offlre busi ness In the sale of stone. Having thci only j iiuarry In the country there wa great de- I miuiil for tin product. He furnished Ibe | 1 stone that entered Into the foundation of the building now used as Union Pacific head quarters , and Jn fact nearly every other landmark. / Ilrii-iin I'MfU'rn Veur.i A no. The present suit In ejectment was begun fifteen years ago on behalf of the original shareholders in the Gramlvlew enterprise. Green set forth that since ho had had pon- Kession of the quarry for more than ten years ho was the owner1 > It by statute ot limitation. The prreent plaintiffs arc mem bers of Ihe Barker family , Ferdinand Streltz , H. O. Jones , Lewis S. Hoed , John I. Kedlclc and George P. Hemls. On the first thres trials of the case the jury disagreed. The fourth trial resulted In n verdict for the plainllffs , allowing them to recover about two-thirds of the value of the property. Appeal was taken to the supreme court and the judgment of the lower court was re versed and remanded on a technicality. E. W. Slmeral , one of the attorneys In the case , says the suit will doubtless be dis posed of at the present term of cotirt , which will be a source of gratification to the dis trict Judges , a majority of whom have at one tlmo or anolher had to do with It , and to all of the lawyers who are anxious to have the docket cleared , and to the parties Involved In the litigation. AiniiNliit ; luclil.Mit , An amusing Incident occurred at one of the former trials of this celebrated suit. Henry I ) . Estabrook , now of Chicago , was associated with Mr. Slmeral In the trial of the cage. The opposition counsel made a statement that aroused Estabrook , who promptly called his opponent a liar. Ths court fined Estabrook $25. "Out , " said Es tabrook , "If a man Is a liar , haven't I the right lo remind him of it ? " The judge added another $23 to the fine. "Now , It appears lo mo that the court Is angry and Is not actlns in a judicial manner , " Estabrook continued. "Another $2"i , " roared the court. Eetabrook was silent for a moment and his wit came to the rescue. He said : "Your honor , you have four acres and a joktur to my bobtail flush ; I lay down. " Everybody smiled. Eatabrook was not required tq pay the fine. Another pioneer ease Involves the estate of the late Joseph Dell , who was for many years ticket agent for the Union Paclflo railroad at the depot. Hell was one of the most widely known men In Omaha. He d's- ' tlnguished himself In railroad sun-Ice for taking charge of the Union Pacific ticket olllcc at a time when chaos prevailed , and unraveling the tangled skein to the satis faction of the company. Ho was wealthy and left a valuable estate. The. proceedings which are to come up at the present term ot court are In the nature of amicable adjust- menl of the property Interesls Involve : ! . llrlln-ry CIINI-K , Probably the most Important matter from a criminal standpoint that the February term of court will encounter Is the bribery charges against Mcasrs. Cowlc , Hess nnd Scare , who are accused of accepllng bribes as members of the Hoard of Education in the awarding of conlracls for supplies , They were recently bound over to the dlslrlct court on preliminary cxamlnnlion. Their cases may not be tried at this term , but In the regular order of procedure they will bo called. The judges who opened court yesterday nro Estollo , Halter , Haxler , Keysor , Fawcett and Dickinson. Judge Slabaugh Is holding court In Sarpy county , where the February term opened yesterday. NEGRO HELDjRJR SHOOTING Ko'iiTt Klnlirr ( lunrrelHvltli tit'or i- .McDcrnintt Over u ( innu > of Cards anil McUcrmod IN Woumlril. Robert Fisher , colored , was bound over to the district court under I-JOO bands In police court yesterday on a charge of shootIng - Ing with Intent to kill ficorgo McDermott , a white man , last November. Fisher and Mc- Uormott were members of a party of four engaged In a gaipo of "devcn up" In the rear of Fred Stacker's saloon , 3C12 North Thirtieth street. At the close of a hand a man named Harris , SlcOermou's partner , still held ono card. "Mlssdeal ! " shouted Fisher , who had I last say. "No , " said McDermott , "ho didn't play on all the tricks. Ho passed up a trick. " McDermott started to * count Iho discards to verify his statement when Fisher re- pealed his clmrgo of a dishonest deal. Thn McUermolt lost his temper and made oar'- tuln discourteous allusions to Flib r'a genealogy. Fisher drew a revolver from an Insld ; pocket and shot MeDennott In the hrcaat. " A rib deflected the bullet , renderlnj "the Injury moro painful than dangerous , but the wounded man was In bed for some tlmo "After doctorb failed lo cure mo of prieu me.i.la I used One Mlnuto Cough Cure and three bottles of It cured me. It Is also the beKt remedy on earth for whooping cough. ' It cured my grandchildren of the worst cuzes , " writes John Perry. Loganton , Pa. It Ib the only harmless remedy that gives Immediate results. Cures coughs , colds , cioup and throat nnd lung troubles. Moth- era endorse It. .tlortullly The following de.ithB were recorded ai thu olrU-o of the Hoard of Health durlns the twenty-four hours ondln ? ai noon .Monday Fransjo IJamato. Nineteenth street ami Poppleton uvenue 1 year. John Outright. 1330 Boutb Twentv-nrxl trcet. 41 yearn. William E. Hlcharus , Irvlngton. 22 years , AUXILIARY OF 0 , T , U. NO , 190 I'rlntoiAVIviH mill nnuulilcr * Or- uiinlrr fur SoHnl mill I'rn- teriml I'uriiiiM" " . The I.ntlltfl Auxiliary of Omaha Typo graphical Union No. 190 U a new society \vhlrh held Its second session Monday aft ernoon In the parlors of the 1/iuor Temple. The society Is composed ot the wives , sisters - I ters and daughters fit the members ot | Omaha Typographical t'nlon , nnd Is or&an- Ized for the purpose of bringing the fnmllli'S of the members of the union Into closer re lation , of mutual assistance In time of sick ness and of providing entertainment for the t members of the printers. The auxlllnry Is Inteinatloi al In Its char acter , embracing the territory of the older union. Omaha auxiliary Is No. 2 , the first one having been established at Atlanta , Ga. , ' 8omo time ago. At the meeting Monday EOV- i cral new members were added to the cloven | who \ signed the petition for a charter nt a previous meeting. Officers have been elected as follows : President. Mrs.V. . . C. Turner ; vice president , Mrs. H. C. Howluy ; to TO5 tary. I Mrs. D. n. Cralghcad ; treasurer , Mrs. I K. 1 S. Fisher ; chaplain , Mrs , Harry Howloy ; guide ( , Mrs. Charles A. Sherwood. "I had dyspepsia for years. No medicine was so effective as Kodol Dyspepsia Cine. H 1 gave Immediate relief. Two bottles prof dui'cd marvelous results , " writes L. H. War ren i , Albany , WIs. It digests what you eat and i cannot fall to cure. LOCAL BREVITIES. James G. Fitzgerald was sworn In Mon- iluv a.i a deputy sheriff. The Young Men's Republican club will hold a meeting Tuesday night at rourth and Pine streets. As the result of a fall from a street car Saturday | night Chief Deputy fbarles Pear- sail of the ITnlted Slates marshal a of fice went to Lincoln on crutches yester day. ' This formal reception planned by the Thurston Rllle-s' club for tonight has been postponed ! liidellnitely owing to the arrival In the city of the body of Private Halph W. Kells. Burglars forced an entrance to llohemlan hall. Thirteenth and Dorcas streets , early Sunday morning and stole a half barrel of beer , a quarter barrel of beer and six hot- ties of sour wine. White. Hose camp. No. 1110. Hoyal Nclgh- bors ot America , dedicated fii-lr new hall la Labor Temple last night by an enter tainment. After a musical and literary program refreshments were served. The second grand ball of Mondamln lodge No. Ill , Fraternal Unlun of America , was lield Monday nlsht at Patterson hall nnd much enjoyed by a large number. E. C. Woloott was the master of ceremonies. Alex Moni-tt , JIUIIPS Uibell nnd Hlelmnl Wilson are In jail awaiting trial on charges of selling liquor to the Indians. They were brought in from the Omaha and Wlnnebago agency by Denuty Marshal James Walling. Three Individuals and a llrm were ad mitted to membership Monday In the Omaha Heal Estate exchange. They are : W. G. t're , D. C * . Patterson. John W. Lytle , Omaha ; Peters , Fitzgerald & Co. , South Omaha. The city council and the county commis sioners have been Invited lo lunch with the Omaha and South Omaha commercial clubs today at the rooms of the former lo discuss the vexed problem of paving Vlnton slreet. The Young Men's Christian association basket ball team played a losing game with the State university te.ini at Lincoln Mon day night. The score stood 20 to 11. About forty accompanied the local team and all returned on the midnight train. An Omaha dog and 41 lighting canine from Kansas City named "Habblt" were pitted against each other Monday at Albright , the stakes being $100 a side. They fought thirty minutes and at the end of that lime the referee decided In favor of home talent. Occupants of the cottage at 1177 Dodge street complain to the police that their doorstep was stolen Saturday night. A man was seen to pick up the doorstep , ji wooden structure , 5x7 feet in nlzo , and walk away with it. The man had just been refused a "hund-out. " For being drunk and disorderly and threatening- Cora Brown with violence Joe Stefhn was lined $3 and i-ostsi In police court Monday. Asked If he .had ever offered to strlko her the T3rbwn Woman pointed to two scars oniher face and said : "He gave mo these three years ago. " Upon complaint of Dr. Hamaeciotll , city meat inspector , a warrant \\-as sworn out in police court yesterday for arrest of Hugh Kennedy , 1202 South Thirteenth ftreel. South Omaha , charging him with selling diseased meat. The doctor says all the meat In the shop nt lhat number 'WUK ' unlit for use. The. city Improvement committee will meet In the cast parlor of the Woman' ? nub. ! Nineteen' ! ! and Davenport streets , Wednesday , February 7 , at ; ! p. in. The subject for discussion Is "The Needs of the City. " A full attendance Is desired as the policy will bo outlined for the coming year. Loul.s lallste and M. Lander were ar raigned In polco ! court yesterday on a charge of picking- the pockets of Frank McAlpIn and robbing him of $20 In thu Windsor ho'el January 31. They pleaded not guilty and were held under $ SOO bonds each to appear for trial Tuesday afternoon. A casollno Hove exploded In the anart- menls of August Herring , 242ii South Six teenth street , yesterday. The window curtains were ignited , and an alarm of fire was turned In , but the blazu was ex tinguished before the department arrived. No one was Injured and the damage was sllirht. ' John Klaus , 11 years old , was arraigned In police court yesterday on a charge of as sault and battery committed upon Jacob Hurtling , a boy two years his junior. Hnrtung was struck In the mouth and suffered the loss of a tooth. Klaus was bound over to Ihe dlalrlct court In the sum of $100. Burglars cut a panel from the rear door of W. P. FOX'H store. Fortieth and Grand avenue , Sunday morning , and entering stole a quantity of smoking tobacco , fresh beef , canned corn , tomatoes , coffee and bread. Ono arrest has been made , and the police are now looking for others supposed lo bo implicated in the burglary. The city clerk now has sixty-six voting precincts arranged for , and locations for the remaining Icn are under negotiation. He says that it will not be necessary to use cither tents or booths , as no serious dllll- eulty Is being experienced in obtaining rooms. The arrangements will be com pleted , the cleric believes , In a few days. Tom Combs , colored , was arrested Mon day , charged with stealing three ton * of coal of Monroe & CD. . Thirteenth and Nich olas stteets. Saturday. He Is accused of backing his wagon Into iho yard nnd load ing It with $21 worth of hard coal , lie was caught as ho was In the act of driving out. Another negro who was wllh him escaped. Michael Merrill in police court on Monday pleaded not guilty to the charge of robbing George W. Hyan's Jewelry sloro January 2S. He waived preliminary hearing and was held to the district court under $1OOT bonds. Ho Is accused of throwing a paving block throuirh a plato glass window and of rteal- Ing $ ; I7S worth of walches and Jewelry on display there. The union workmen of Omaha arc much Interested In the question of municipal own ' ership of the water works anil opinion among them Is as much divided us amunv any class of i ItlzeiiH. They arc after In formation upon the subject und so the Cen ; tral Labor union has resolved to hire a lareo hull and on a date lo be llxcd later will listen to arguments on bolh bhleit of Iho question. Sheriff Power and his new deputy , James G. Fitzgerald , went to Florenre Monday to maintain peace between competing : Ice cut ting IntorprtH. Jicth the McCoy & Dim med and the Heservoir Ice companies claim the uxcluelvo right to tut ice on I hi ? eddy , Just north of- the pumping s'atlon. Mon. day the McCoy & Olnisti'd company put .1 squad of ircn to work there , and fuurlnr , ( rouble fiDin the opposition cuiuern the sheriffs presence wan requested. Hit will rt aln until all danger of strife l < ai an ! i At a meeting of the ThuiTon Hlllcf hcH ] Monday night at the armory arranseinentH j I 1 were competed for the funeral i.f It il'ih i 1 W. Kelts , i member of the inmimny who ! i wu * killed In action at Santa Mc-.i Luzon , | on February 6 last > eur. The bodj Is ex- , peeled to arrive here U'edaesd.iv a.id will I be taken 10 uu undertaking catabliinunt. . Saturday evening U will bo remm'id in the armory and placed ini.lrr a guard of luuitir until Sunday afternjou. when nervlei will i bo held. Interment will bo made In the Hllle * ' lot ut Prospect Hill cemcterj. Kells funrerlicsldtd al South Omaha. j The Hoard of Fire und Polliv I'oinmi - nloners held the usual weekly meeting Mon day night , at which but little business was tralimited. Ti'.onms Murphy , vihu has tecii on tr'al as a iilpcman with hose e-jin iin > No. 3 for the lam sixty days , was ordorru ulucod on the regular II ; t. The following benefits were allowed from the uolleo relief fund : J. n. Kirk. JU ; N. A. Pearson. $9 ; M KUtMiie. 413. The purchase of a new iruck for cnglno house No 2 which has been anr"llro ! fi.r noinp lime w.is In formally d tussi'il. Spc Iflcatlous are to ar- r ve eoon from the various manufacturers. EVIDENCE j OF A DUAL LIFE Testimony of Wife No 1 in the Eugene 13pxtcr Bigamy Case. DEFENDANT'S C ' NAME AT TIMES WAS BAK-'R Odd ' CoiiiiillonlloiiN In tlio M ill rl iiio- nliil Airnlrs of n i : uiKltpi nor \Vlfo No , U Appi-iir * In Court for the 1'lrnt Tlmo. The preliminary trial of Clarence Kugcno Haxter , charged with bigamy , In In pr. grrsa In police court and will probably consume another day. It Is the most Important cue : that t has occuped the attention ot Judge Cordon I for several ricwth ? . The court room Is crowde-l with spectators. Among Iho most Interested of these on Monday was , Mrs. Haxler No. 2 , n toll , good looking young woman who won nurrled to the de fendant last September. This wns the first tlmo she had appeared at her husband's trial. trial.Mrs. Mrs. Unxtcr No. 1 , the prosecuting wit ness , was on the stand nearly nil the after noon. She Is Intelligent and nnswrr.j every question guardedly. Her Ethiopian blond Is manifest more In her kinky hair , thick Ips and Hat nose than in her complexion , which Is as light as that ot many Cau casians. It Is the purpose of the defense to show that she Is ot at least nc-n.unrtcr legro blood , under which condition she : ould not contract a marriage relation with i white man. She Is represented by Attor- iey James W. Eller. The state , repre sented by Assistant County Attorneys Coch- rati and llclsloy , will attempt to prove that ho complaining witness and the defendant Ived together as common law man and \\lfo for live years Immediately following 1SB1 , The testimony thus far has brought out several odd allegations , among them being the thargo that Haxter , who Is n bookkeeper in Uif Cudahy packing lions ? , lived a double life. In Omaha , says wife No. 1 , ho parsed as Mr. Hakoi , In South Omaha as Mr. Hax- tor. Another peculiar complication Is the ques tion of the right of wife. . No. 1 to testify ng-ilnst the defendant. If nhe Is his wlto she has not the. right , but the question ct her wifehood it Is the object of the present inquiry to determine. Meanwhile she Is testifying against him. Hut In all this forest of Interrogation .lolnts that of race Is most Important. Wll'e No. ) hns admitted that on hc-r father's sldo she has several negro relatives. Monday the matter of her mother's blood was Intro duced. 'Was your mother a colored woman ? " asked Attorney Eller. Attorney llelslcy objected to this , 'us call ing for 'a conclusion of the witness. She was not , competent , he said , to give expert testimony upon a point of ethnology. The objection was overruled and wife No. 1 answered : Well , she was real white. " 'As white as you ? " She was lighter than Mr. Hakcr , there , " indicating the defendant "and abhad ) straight black hair. " "Do you know It she hod any negro blood in her veins ? " 'Sho didn't have any more than he's got , " pointing to Baxter. She refused to answer the question dl- cctly , and the ) point was not urged further. Several receipts were introduced by the state , showing that the pair had paid house rent while living at C0.1 South Thirty-third street. A number of letters , Identified by the witness as those she had received from him while he was working In Chicago In iij , yxcro marked as exhibits and placed on filo. Uaxtcr'for Baker ) puts in every minute of his tlmo writing. He takes down In long hr.nd nearly everything that Is.said by the witness , and even during a lull lu the pro ceedings seldom lifts his eyes from the par.cr. Hut he Isn't always writing testi mony. Among the * notes jotted down Mon day this W.-IH found : "Oh , Ham , why did you track your nose To Afrlc's torrid region , And renr a brood as black UK crows , Whoso name Is Legion ? " NO INQUEST FOR JOE KRUTA Autlioi-itli-M TnUo It for ( irantcil Hint tin ; Mini from CiontviiVnn a Siilfldf. Joe Krutn , the suicide who shot himself in the- Elkhorn lodging house. Eleventh and Dodge Etreet , Sunday , January 28. will be burled at the county cxpenea Tuesday. The bcdy Is now in the undertaking rooms of the coroner. Since there was no question that the man came to his death by hla own hand , no Inquest was held. Krutn , a laborer , \\-hcse home was In Geneva , came to Omaha about a month ago to seek work , but being ill a great deal he was unable to secure suitable employment. He had $ HO when he arrived In the city , but this was stolen from him. These mis fortunes , It Is supposed , in connection with the fact that his wife was hopelessly In sane and his children homeless , unsettled hl.s mind. While lying In bed early Sun day morning , January 28 , he placed the muzzle of a pistol against his right temple and fired. Ho was taken to the Clarkson hcspltal , where ho died last Friday. JAIL CELL AS A HENNERY Fri-Nli KKKN Hvt-ry Day for Ilio Olll- corN In Clmi'Ki * of Co n ( I'll I Po- llft > Station. Locked up in cell No.3 at central police station are a dozen Brahma chickens , eleven hens ami a rooster , and there they will probably remain until their owner call * to Identify them. They were found In n coop on a vacant lot near Twelfth and NIcholaH streets Saturday night by Detec tives Urummy and Mitchell. The coop was In u slight depression. An attempt hail been made to cover it with weeds and brush and but for the cackling of the fowls iho efforts of the thieves to ccnccul their booty would probably have been BiicccsBful. The chickens tulo ; kindly to their new quarters. They are helm ; well fed und the unwonted heat of the cell has deluded them Into the belief that spring Is at hand and they have begun to lay. The eggs , rf course , are divided equal/ ! between the day captain , desk aergcant and turnkey. "I have Ijcj-ii troubled a great deal \vllli a torpid liver , which produces confillpu- lion J found CASC'AUKT.S tobonll youtlalm forthem o.n.d secured euch relief the llrbt trial. that I purcliaocd another supply and wn com pletely cured I shall only bo too find torcc- ornmcnd Cascarcts whenever the opportunity IsprrsonfM" JA SMITH .UiO .Susquohanna Ave. , Philadelphia , Pa Pleasant , J'atatnblB. J'oteiit , Taito Oood , IX ) Good , Never Sicken , Weaken , or Clrlic lOc , aic.aic . . . CURE CONSTIPATION. . . . I tltflu * " " "d ? Coopsif , ( Uc r ° , Wcnlrftl.ew Vorl. 320 cnnrontprd bf oil drug. UKiTobacco : Habit. CONFIDENCE is capital ; is * the basis of all agreements ; is truth perfonilied. When one has con- lideneo in anything the battle is half won , but lack of it imperils success from the beginning. It is but natural and right that religious teachers should inspire - spire confidence. If they cannot bo trusted anil believed in , who can beJ It * is with this thought thai the following paragraph is given to our readers from a clergyman well and favorably known : o o Asluway , U. I. , Ken. 25th , ISM. H Is to me a duty ns well as n pleasure to acknowledge that Wrmier's Safe Cure has , iinder ( led , been the means of preserving - serving my life. Not only so , hut other members of my family have been greatly benefited by a use of itho same remedy and scores of women of my acquilntaiiee have told me that they have been cured In Ilko manner by a use of this marvelous medl- clue. H seems to act. beneficially when all other remedies fall. I heartily endorse and recommend Us use to all cufferern In need of a mcdlclno for the klduoysi. This .tcstl- . monlal Is sent unsolicited nnd In the only hope that It will do good. ( llov. ) C. James Uudloug. Medical advice free. Address Warner's Safe Cure Co. , Itochcster , N. Y. Microscopical examinations on appllca- WANT A NEW SCHOOL HOUSE .North Oniiilui Improvement Clnli VK- ! ItN the Hoard of Kd- iicntloii. The North Omaha Improvement club held .1 brief meeting Monday night. The club Is after a. school house In' North Omaha. One of the members stated that in the Sixth ward , with an area of over four Equaro miles , there are nine school rooms lu opera tion and children of S and a years must go over a mile to school. When the club met Monday night a report came in that citi zens ot the south side were before the Hoard of Education asking for a school houoe and the club decided to adjourn to the office of the board and inakc common cause with their southern brethren. Deforo adjournment Robert Houghton was empowered to call to his aid all members of the club In an effort to secure the ap pointment of n resident of the north Bide to a position on the llro and police board. The report ot the committee on sidewalks acking that crossings be put In on Fortieth atrect near Grand avenue was adopted. "For a lame back and for pains In the cntfit there Is nothing equal to a piece ot flni'iiol dampened with Chamberlain's Pain Balm and bound on over the uoat of pain , " Bays Mr. Ralph Jordan' of Burke. N. Y. "Pain Balm Is the best liniment I ever used. NEW WORK FOR COMMITTEE i.VKM' | < KvllleilCC Oil tOll V ' 1 < IH'M Will lie llcnril Today Mure llere- IletioiiN to lie I'lienrtlieil. The investigating committee/ engaged In the school board Inquiry will resume its sitting this morning In the rooms of the Board of Education. The testimony as previously stated will bo devoted to ih > alleged opening of envelopes containing bids for material. The committee hold n meet ing secretly on Saturday night arid con sidered whether It should tako' ' up another matter of some Importance not yet touched upon. No further startling disclosures are Impending , hut enough material Is on hand to make Interesting reading In case the committee is able to corral Its witnesses , The sessions may bo prolonged for seveial days as several board members and others wish certain personal explanations to bo embodied in the minutes. t'oiiimlHMloncr * Found Utility. Tile complaint lodged by Holler Inspector t'nltt UKHliiRt the Board of County Com missioners for the alleged ninploymcnl of an unlicensed engineer was decided yes- GRAN ( 0 ! Remember that nkme when you want n. delicious , appetizing , nourishing food drink , to take the place of coffee. Sold by all gro cers and liked by all who have used It. Grnln-O Is made of pure grain , it aids/ - , cestlon nnd strenKthens the nervns. It I i r.oi n stimulant , but a health builder ana the children aa wrll as the adults can drink it with gr at bnneflt. Contu about U as much as coffee. 150 and 25c. nor pack- aite. Ask your srocer for Qraln-O. terdny. Commissioners Peter llofeldt , Thomas lloctor and J.inics Connolly were found guilty as charged and their xtMitciu-o will he pronounced on Friday. Commis sioners Henry Ostrom and A. C. Itarte. who voted a > ralnst the engineer's employment , were discharged. Complaint has also been Hied against 13. J. Dee , the engineer In qnes- tlun , and his hearing has oeeti set for Fri day. The < lulclcKt M'ny to Ilreilk tip 11 Cold. "I have used many makes of patent medi cines and most always with some good results - sults , " says Mr. Henry Hoover of Sha- moken , Pa. , "hut the most satisfactory and most wonderful In results for colds and coughts Is Chamberlain's Cough Hcmedy. It will break up a cold In less tlmo than any other remedy 1 ever used. " This fa mous remedy Is for sale at 25 and GO cents per bottle. Ilooiie , ( lie Coinedliiii-l'InnlMt. Blind Boone , "worthy successor to Blind Tom , " gave one of his unique musical pro grams Monday night In Trinity Methodist Episcopal church. Twenty-first and Blnney streets. The entertainment was well at tended and the performer's clever rendition of popular airs , played in time to his violently lently swaying body , commanded the closest attention from start to finish. His repro duction upon the piano of barnyard sounds was particularly well revolved. The faculty of imitation Is remarkably well developed in LJcom' . At ono stage of the performance his managers announced lhat the pianist would undertake to repro duce offhand a piece of music he had never heard ljut once. Someone was Invited to vol- unlecr to play a new musical composition. A young woman ascended the stage from the ardicnco and played a piece , making one or two errors. Then Boone repealed It , errors nnd all , * much to the amusement of his ad mirers. W. S. Phllpot. Albany , Ga. , says : "De- Witt's Llttlo Knrly Klsers did me more gocd than any iillls I ever took. " The fa mous little pills for constipation , bilious ness and liver and bowel troubles. urci raid ftet , crttnpi , rbum tUm , foul Mid rtilom rirruUtlm The cheapest euro over offered In the world. Invaluable for Fetor or Sweaty Feet. Keep Your Feet Warm and your head cool and you will re ceive but few doctors' bills. C.rntle- meii'r , ladles' and children's sizes , PHICE , PER PAIR. nOo. The Aloe & Penfoiti ® o. 1408 Farnam St. , opposite Paxton Hotel. DO Yen Own a Regina I'.oxV If K < > , you Home new music which will nmUo your MuskUox now lo you HKnlii-\Vd a lui'Ki1 HtofK of illHfs for all of lU'KlmiH You can try Ilium over In our wat'croonis and uinUo your .lust n-cclvuil a iicvv let of the latest MOIIKS , ciiljc wtilK'K anil oiicnilk1 lions , and Hie iiiTUiwnioiits nro than ovi'i1 Siicdnl jti'lirsiHiu piano wile has allnti'ti'd a Kiv.it tlcitl of 1- teiitluiifor we arc offprint : our entln * Hl'it'U of high urailc InMnmiiMitK Ini'luil- lii } . ' tinKiialii > , Kiinlmll , Kntiilch & Hai-h. lltilldi & Davis. A. HINDI , and others at wliohwiile price * anil easy monthly payments A. HOSPE , Music and Art. (513 ( Douglas , Th8 Burglar And His Lantern Can't discover a tshoo sloiv Jn Omaha where an nnHi care Is ( alien wllli the lilting . .f Hlioes an Is iloiin by l > n > \ J , , Shooman anil his clrrliKThe lilting of Mines' shoes IHIH particular care with ns. ( iml nowhere In the wed. can you Ilinl another such line complnto In all ( he sixes , \vlillns anil lealberw-A splon- illd value Is our # enulii < > box calf wet weather Mine , the very Ideal school shoe for the miss lH < j lo li are S'J.WS' ' / . to 11 are tfl.r.0Then our regular MisscM1 fl.r > ( ) Hlioe ban set the lown invoinlprlnt : Such value II KCCIIIK would ea.sll.y claim a W.Wl priceYel wlth.im ( hey are only $ l. .10 , Drexel Shoe Co. , Omaha's Up-to-Kt Abe * UIO FA UN All STUEBT.
