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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 5, 1900)
TIIE OMAHA DAILY BEE: WEDNESDAY, DECEMTJETC 5, 1900. 3 JUDGE BARER ITS TARGET Supreme Court lanes Another Sharp Order at Bmjth's Bequeit. ATTORNEY GENERAL IS FORCING HIS CASE District .Indue 51 nut Honr Itlm or lip Held In Contempt of tbe .Su preme Court nn Its , Mnndnnins, LINCOLN', Dec. 4. (Special.) On appli cation of Attorney General Smyth the su premo court this afternoon Issued a per emptory order requiring Judgo Ilcnjamln 3. Baker of the district court of, Douglas county to pass upon tho motion for a' now trial la tho caso of tho State of Nebraska against the Omaha National bank. Sev eral months ago the supremo court re turned tbe case to the district court with Instructions for a final Judgment. The at torney general claimed thntrns Judgo Haker had not passed upon his motion for a new trial ho hod not given n final Judgment and was therefore In contempt of court. In support of his application for tho ad ditional order today tho attorney general filed an aindavlt. In which he asserted that ho had examined tho court records and was unahlo to find any ruling upon his motion for a new trial of tho case. Ho rssortcd further that ho bcllovcd the Judgo was withholding his ruling upon his motion without Just reason. In tho motion tho at torney general asked tho court to Isstio an order which would compol Judgo Haker to bey an original order of tho court or ap pear and show cause why ho should not be punished for contempt. Text of the Order. Tho wholo action Is considered n sensa tional proccduro In supremo court affairs. Tho argument on tho attorney genor.il'H motion was brief and beforo court ad journed this afternoon tho following order was given to Clerk Ifcrdman to bo served on Judgo Haker: This cause comlnit on to be heard upon tho motion of the Htnto of Nebraska for u ruin upon tho Hon. Henjnmln 8. Haker. nn Judge of tho district court for tho fourth Judicial district of Nebraska, requiring him to comply with tho command of a certain writ of mandamus heretofore Issued In this rauso by this rourt, It Is ordered by the court that a rule Ihsuc upon tho mild Hon. Henjamln 8. Haker, directing a strict com pliance with tho order and direction of the court In this behalf nnd thut he, tho raid Henjamln 8. Haker, ns Judgo aforesaid, do perfectly execute the order thereof, and hereby enjoined, ami that he pass upon the motion for n, now trial In said causo on or before 6 o'clock p. m. on tho 4tlt day of December, 1900, ond In the event that ho overrules sold motion that he Immediately nnd without allowing nny other business to lnterfero or Intervene, except the grant ing nnd entering of such executions to his rulings ns either party may take, enter nnni judgment on tno vcruici ncretororo rendered In said cntiKe, or show cause by S o'olock p. m. on the 5th day of Decem ber, 1900. why he should not bo attached for contempt, nnd thnt n ronv of said or dor bo served upon him with a copy of thin oruer. IlalldlnK nnil I.onn Ansoplatloim. Dr. P. L. Hall, secretary of the Stato Banking board, today completed his report of tho Nebraska building and loan, asso ciations. Tho appended summary, taken from tho report, shows In tabular form the rcmarkablo growth of this class of Insti tutions. It takes tho associations from the first year that authentic reports wero mndo down to the present year, which period Includes 1892, rcmombercd for Its expanded credits and wild speculations, and embraces tho years 1S93, 1894 and 1895, which wero marked by panic, drouth and destruction of values, and the years 189S to 1900, Inclusive, which havd. been years of reaction-apdjreitoratlon of rallies; Tho summary follows: , , No. of asso'ns. 72 81 8 81 73 , 6S 64 CO GO No Total assets. Year. 1F92..., 1893.... 1894.... 1503.... 1896.... 1897.... 1898.... 1899.... 1900.... shores. 45.012H $2,902,557.67 61.961 t.l 3,653.096.83 71.Z31H 70,615 64.8911: 67.697H 79.978 89,492 108,625 3.888.001.31 3.929,778.27 3.771.833.58 3.5S4.788.M 3,423.7:8.11 3.332.781.67 3,697,356.06 In commenting upon this summary Dr. Hall said that It was the best evldouce that could bo found which would show how well the bulling and loan associations of tho stuto stood tho strain of disastrous commercial conditions and how certainly they are making safe, conservative basts for future growth and strength. Secretary U Orntltled "In submitting tthls report I hope I may bo pardoned for expressing a sense of gratl ftcatlon In tho material growth and 1m proved condition of the building and loan associations of tho stato during the last four years," said Dr. Hall. "The growth and evident prosperity of theso Institutions Is duo to the better conditions generally ob taining In tho stato and to wider experi ence on tho part of tho management of theso Institutions. Tho adverso conditions of the years of drouth and panic taught some very valuable lessons, costly to some, but a bettor practical knowlodgo of the principles underlying; tho purposes of tho associations and Increased familiarity with tho details of management are bearing fruit. Most of tho wrocks of former years tho result of drouth, panic and Inexpert enco, are now cleared away and the future Is bright with promise of growth and use fulness. "In tbe increased prosperity of these In stltutlous, however, lies a danger," con tlnued Dr. Hall, "for as tboy bocome popu lar and win tho contldonce of tho peoplo so will thoy attract tho attention of dlshonos promoters and schemers who quickly dls corn new fields to exploit. Tho department must stand guard against tliolr Invasion and It may bo powerless to pro vent for n tlmo their advent Into tho field, but If the present law Is rigidly enforced thero will bo but llttlo profit to the adventurer and ho will not long rc main." SaKKestN State Uxnmlner. Concerning tho laws governing building and loan associations, Dr. Hall said: "Th present law needs amending In ono par tlcular and It is an Imperative necessity that this amendment bo secured at tho earliest opportunity. I refer to the ap polntnunt of examiners for theso assocl atlons. Nothing but absolute Ignorance of tho growth, Importanco and vnluo of tho publto valuo of theso associations ever led to tho error of making them a side show to tho banks and gavo birth to tho Idea that tho qualifications requlslto to equip a per son to bo a successful bnnk examiner could bo any Indication of his knowledge of build Ing and loan work. Provision should be made for an examiner of building and loan associations exclusively, requiring prone qualifications and a fixed salary nnd ncces aary expenses. If an amendment Is ever made to our law providing tor an examine exclusively for theso institutions, I sin cerely hope tho present vicious fee sys tcm will not bo n part of it. With till amendment I would advtso that the preient law bo left as It Is, as too frequent change In laws regulating quasi-public Institutions is an Injury In many ways. I have been urged to advocate In tho report an amend ment to tho law providing some addl tlonal savings banks features, of which have been and am still known to be strong advocate, hut I prefer "to let tho demand for such como from tho associations Some of the Important rulings of the banking board, made since tho adoption of the new building and loan act, are worthy of consideration. Tho. question of authorities; a building and loan association to provide for an oxpense fund, being pre tented, was roferred to tbe board and after careful consideration tho following rulo was adopted: 'In a building and loan ssoclatlon n special expenso fund cannot bo provided by assessments mnde upon Its members for that purpose. The board will old that properly under the present law gcniral fund ond reserve fund only are recognized." Tho question of authorizing building and loan associations to establish uxtllary boards was brought before tho board, ond In accordance with a ruling made at tho time associations already authorized Ith provisions for such auxiliary bo.trd3 have not been disturbed, but associations rganlzed since havo not been accorded the rlvilege." Thnukn for Kvcrj lioily. In closing his report Sccrotnry Hall made tho following reference to his own admin- tratlon: "In conclusion I wish to express to the members of tho Stato Hanking board my grateful acknowledgment of their many courtesies and express my appreciation of tho careful, conservative manner In which they havo considered all questions coming to them from tho department for adjudlca- on. Whatever of success may havo at tended lto administration It Is but Just to sny Is In a largo mcasuro duo to your as- stance. To tho building and loan people f tho 3toto and especially to the members tho Nebrnaka Stato Leagiio of Local Loan nnd Hulldlng assocla- lons your loynl support of the epartmcnt nnd ready acqulesccnco In s requirements has been to mo ono of tho most pleasing nnd valuable Incidents of my official life." Ho 1 of Juror. A dozen deputy sheriffs wero pressed Into service by the district court thls-oft-crnoon to round up n lot of recalcitrant urors who refused or failed to obey sub poenas Issued by Judges Frost nnd Cornish. Among thoso who were taken beforo tho bar of tho court were President Aylcsworth f Cotner college, Judge J. Stuart Dales, sec retary of tho University Hoard of Regents, and S. J. Aloxander. President Aylesworth reminded tho court that ha had been ex- used from scrvlco beforo the subpoena was Issued. Tho Judgo acknowledged his mis- nko and allowed him to depart. Mr. Dales said he had been so busy with his work tho State university that ho had for gotten the subpoena and he also was ex cused. Mr. Alexander was found by ono of tho officers as ho was afjout to board a train for tho cast. Ho humbly begged the mercy of tho courtoffered to pay tho costs of his failure and waived all charges for ttendancc. Tho court excused him. Tho largest dancing party of the season was given last night at Walsh hall by Mr. nd Mrs. Edwnrd Payson Ewlng of New ork City and Miss Allco M. Cowdrey of this city In honor of Major and Mrs. F. J. Stoney. Major Stoncy Is ono of tho at taches of tho paymaster's office of tho De partment of tho Missouri at Omaha. At tho reception, which preceded tho dancing. tho assistants were: Mr. and Mrs, Qeorgo Kawell, Mr. and Mrs. D. K. Cowdroy, Judge nd Mrs. M. II. Itcese, Mr. and Mrs. F. C lowo, Mr. and Mrs. John U. Wright, Misses Henrietta Hollowbush, Fay Ewlng and Helen Nanco of this city, Mrs. Edwin II. Chambers of Columbus, Neb., and Mrs Corner of Dennlson, la. Among tho other out-of-town guests were: Mrs. Ashby of nlrmont, Nob., and Mrs. C. D. Powers of Youngstown, Pa. Mrs. Lucy L. Hurr, wlfo of A. D. Burr, died yesterday nt tho family residence, 919 E street, after a long Illness, from bron chills. The funeral will bo Wednesday nft- ornoon. Supreme Court Prdpeedlnicn. Tho supremo court today extended until January 16 tho time allowed tho referees In tho case of tho State against the Union nclflc railroad to fllo a complete report of their findings. Argument In tho caso was postponed until after the filing of tho report. Tho cases heard by the court today were: Nebraska Building and Loan association against Perkins, from Douglas county; Johnston against Craig, from Kearney; Oreen against Lancnstcr county, from Lan caster; Sharp against tho Stato, from Lan caster; Carter against Olbson, from Cass, Tbe cases to be heard tomorrow are Parsons against State, from Lancaster; Stewart against Cole, from Hitchcock; Ueo Publishing Company against World Publishing Company, and State ex rel Douglas county against Frank. Tho following wero submitted on briefs lthout oral argument: Hantloy against Haker, from Lancaster; Kulin against Nel son, from Dakota; Dunn against Douglas covnty; Parotto against Omaha, Douglas county; Brand against Garneau, from Douglas, and Iloby against State, from York. Tho Judgment of the lower court was of Armed in tho following: Seaman against Whitney, from Douglas, and Johnson against Heed, from Case. Coll against State, from Dawes county. was continued fifty days. Brown against Sloan, from Pawnee, was continued until January 2, 1901. Tho State agalnBt the Union Pacific Railroad Company was con tlnued until January 15, 1901. Tho Chi cago, Burlington & Qulncy against Wolfe from Phelps, was continued until January 15. Before adjournment this afternoon Chief Justlco Norvat nnnounced from the bench that for tho purpose of enabling the Judges of the supremo court to enjoy a scmblanco of a Christmas vacation only ono caso would be heard at tho sitting which be gins on December 18. JuilKe Ciordon'n Cane Advanced. Tho caso of Police Judgo Gordon of Omaha was advanced for an early hearing, It will probably bo placed on tho call for January 17. Tho stato military board, consisting of Adjutant Oeneral Barry and Colonels Hay- ward and Kllllan, this afternoon allowed a claim for J 105 presented by the citizens' encampment committee of Hastings. Tho amouut represents expenditures In excess of tho original estimate of expense Mayor Fisher, City Clerk Francis, ex-Senator Alexander nnd W. P. McCrery wore horo from Hastings. Tho board refused to relm burso a Hastings saloonkeeper for dam ages dono his property by militiamen dur ing tho encampment. Unveil Lleuleiinnt'ft Monument. ST. EDWARD, Nob., Dec. 4. (Special.) The ceremony of unveiling tho monument to Lleutenaat Loster E. Slsson were hold at tho cemetery Sunday afternoon. Tho Grand Army of tho Republic was assisted In car rying' out tho program by tho Spanish Aracrlcnn War Veterans and Sous of Vete rans. Lieutenant Slsson was killed at the tut tlo of Qulugua, April 23, 1691, and was a lieutenant In Company K, First Nebraska volunteer Infantry. Work Is bolng rapidly pushed on tho electric light plant. The plant will bo completed about Christmas. Tho St. Ed ward water power mills will bo used. At first lights will be furnished from dusk till 11 o'clock p. in. and from 5 p. in. till day light, but an all-night circuit will bo put on soon. Snyn She Shot nt Hint. TRENTON, Nob.. Dec. 4. (Special.) Samuel Fleming swore out a warrnnt today charging Mrs. Mary Armstrong with shoot ing at' him with deadly Intent. Mrs. Arm strong's buildings wero burned a fow days ago, but Bhe and Fleming had had trouble beforo and the shooting was tho result of the previous hostilities. Fleming claims the woman shot nt him eight times. HufTulo Count)'. KEARNEY, Neb.. Dec. 4. (Special.) Fol .lowing Is tho Noveriiber mortgage stato ment for Buffalo county: Chattel, filed, 167, amount, (124,044.58; released 113, amount, (32,034.50. Farm, filed, 30, amount, (18,136.28; released, 28, amount, (23,123.50 City, filed, 9, amount, (4,100.00; released, 9, amount, 6,845. , ALABAMA'S LAST SURVIVOR Nebrasktn Claims Distinction Snppoicd to Belong to Jerry Lynoh. SAYS HE FOUGHT ON HER AT THE FINISH John Hosennreen of Premont fjeolnren lie Win Ill-t'nteil XVnr Vesnel'n Carpenter' Mate, nnd l)e orlticn Iter Destruction. FREMONT, Neb., Dec. 4. (Special.) 'Jerry Lynch, whoso death was recently re ported In eastern papers was not the last survivor of tho crew of tho historic Ala bama," says John Rosengrecn, for tho last twenty-soven years a rcsmem ui braska. "If you could examine tno recoras of tho cruiser you would find tho name, 'John Roscngrcen, carpenters mate, ana I nm that man." Roscngrcen says that ho shipped on tho Alabama at Capetown, South Africa, the spring beforo her "last nnd only fight, ns tho old man Insists upon calling It, and wob with her when she went down under the guns of tho Kenrsurgo, off Cherbourg, tho following summer. Ho says ho hnd a chance to ship on her when she left England on her eventful enreer, but on account of tho anxiety thoy Showed to get him and some other suspicious clrcumstnnccs ho con cluded ho didn't want anything to do with her. Ho hnd previously served thrco years In tho Danish navy und was discharged with an excellent record and ho thinks that was tho reason tho officers wero so anxious to havo him in tho crew. Accord ing to Roscngrcen llfo on tho Alabama was "not a picnic," though Sommes, ho thinks, wns the best man he ever sailed under and the rations wero tho "best ho ever got on any ship." Tho crew was suort-haiided. Tho boat had left Capetown very suddenly on account of some troublo with tho author ities thoro and a continuous round of watching, drill nnd target practice kept nil hands going pretty lively. Tho crow wan mixed lot nnd included but few Ameri cans. They wero a tougn lot ana it iook strict dlsclpllno to keep them down. Ono Englishman, Harry Spcaro, told that ho had boon with her since sho left England nnd clalmod ho had 'swiped' a lot of Btuft from prizes and that ho was tho only one of tho original crew left on her. "When orders wero given to clear ship for action," said Rosengrecn, "on that morning In Juno, wo all thought wo would mako short work of tho Yankeo cruiser. I don't know much about the fight, for, you see, I was n member of tho .crow of tho forward gun on the starboard side and tho smoko rolled over so wo couldn't sco the Kcarsarge only once in a while. Each tlmo wo swung nround we were nearer and nearer to 'her, until wo wero In pretty close quarters. Seems ns though wo cither couldn't hit her, or If wo did tho balls glanced off. Our engine wns disabled and wo soo.i began to drift. During n lull In tho fight I heard Scmmcn give tho order to keep on firing. Tho Alabama sunk, stern first, nnd was well down In the wnter when tho last gtm was fired. Tho next thing I knew I was In tho water and tho Alabama was gone. I must have been In tho water more than nn hour possibly two hours beforo I was plckod up by a boat from an English yacht. I was taken ashoro and tho next day received my pay In full, In cluding that day, and was discharged. ,1 met ono of tho crew nnd one of tho petty officers In Bombay. India, threo years later." Mr. Rosongreen Is positive ho Is tho last living survivor of tho Alabama's crew. Ho has served throe, years In tho Danish navy, six months on tho Untted States sloop Essex and two years In tho French navy In 1869 and 1870. Ho lsl a strong, hearty old man, about 67 years old a typical old scadog, fond of spinning yarns of his twonty ycArs' experience on tho ocean, but not disposed to say much about his career on the Alabama. ANOTHER MRS. LONG APPEARS Ilee'M Mention of Smallpox Patient' Supposed AVlfe IlrliiKH Senaatlonul ProtcHt from (Jenoii Woman. GENOA, Neb., Dec. 4. (Special.) Tho artlclo In Tho Beo of a recent dnto in ro- gard to Mrs. Ida Long accompanying her husband, C, II. Long, to tho pesthouse at Omaha created a sensation In this town C. H. Long and wlfo are both well known here, having mado this their homo for sev eral years. About eighteen months ago Long, who has been firing for tho Union Pa cific railroad for tho past threo or four years, moved Mb family to Council Bluffs, whero they resided until a fow weeks ago, when he sent Mrs. Long and the children to Oenoa to spend the winter. Mrs. Long called upon Tho Bee's corre spondent hero this morning to say that the first knowledge sho had that Long was living with another woman claiming to bo his wlfo was when sho was shown tho artlclo in Tho Beo. She says that sho thinks tho woman In tho case was formerly employed at tho transfer depot at Council Bluffs and that her husband brought the woman to their homo last spring, claiming sho was a dressmaker. But Mrs. Long says that sho soon discovered that the stranger knew nothing about dressmaking and surmising that overythlng was not as It should be sent her away. Whoover may bo the woman who Is taking care of Long in Omaha, the real Mrs. C. II. Long nnd tho children referred to are at present living In Genoa with Long's parents. Trying Alleged Cnttlo Thief. SIDNEY, Neb., Dec. 4, (Special Tele gram.) District court opened nero yes terday with Judgo II. M. Grimes presiding. Tho caso of tho state of Nebraska against William D. Watktns, charged with cattlo stealing, U now on trial. Tho oxecutlvo commlttco of tho Westorn Nebraska Live Stock association and a number of dls tlngulshcd cattlemen from all over the country aro In nttendanco nnd tho court houso Is packed; Sevoral witnesses havo already been examtned, tho principal ones being Matthews, who was claimed to bo an accessory to Watklns, nnd J. R. I'holan, tho prosecuting witness. The case will probably occupy tho entire day tomorrow. It promises to bo ono of tho hardest fought legal battles that hns occurred hero In years Thero aro more than forty witnesses to bo yet examined. Additional Cnnea at firnnrt Island, GRAND ISLAND, Doc. 4. (Special Tel egram.) Several additional cases of small pox 'have developed today In the houao of Ul-famo where the first caso was reported Tncro is ono additional case, tne woman reported being very low. C. D. Pulvor, a shoo man, whoso shop Is near the Occl dental hotel, where tho Alleged "Cuban Itch" wns so prevalent for many weeks, 1 soveroly afflicted. Three members of Smith family, ono of which worked In th hotel, aro down, as Is also a Mr. Dusheo Seven cases have so far beon reported by tho physicians as smallpox. At nil of th houses placards appear, but tho sarao hav not, so far, been quarantined with tbe ex ceptlon of tho house of 111-ropute. Little Ctrl la Victim of an Accident PLATTSMOUTH, Neb., Dec. 4. (Special. Word hns been received hero of tho nc cldenjtal discharge of a shotgun, causing the death of tho 3-year-old daughter of Fny Wright, a grain dealer and farmer rcsldlag east of the Missouri river opposite this city Mr, Wright left home with bis gun for the purpose of killing n chlckcnhawk, when n load of grnln drovo on tho scales. He laid down tho gun and went to weigh tho grain, but In a few moments was martini by n srreom from his wife. Rushing to tho place where ho had left the gun he found his lit tle girl breathing her last. The llttlo girl, It Im said, had been playing with tho S-year-old son of n neighbor named Collins and tho supposition Is thnt tho boy picked up tho gun and pointed It at the little girl. Tho enllro charge paecd through tho child's head. ANOTHER OUT FOR SPEAKER Andrew of frontier County Admit Thnt lie Would TnUe the Position. LINCOLN, Dec. 4. (Special Telegram.) A boom was started jiero tonight In the Interests of Representative-elect J, A. An drews of Frontier county for tho speaker ship of tho houso of representatives. Mr. Andrews Is n brother of ex-Congressman Andrews nnd a physician by profession. Tho announcement of his candidacy was mado by his friends, but later when Inter- lowed ho said that whtlo ho was anxious to get tho position ho would make no fight for It. Governor Dietrich nrrlvcd this afternoon nnd will remain until tomorrow evening. Scnntor Stcelo of Fnlrbury and Ropre- cntatlvo T. E. Htbbard of Gage county wero hero tonight. E. II. Hlnsliaw was In tho city several hours this afternoon. Important Wltiicn MIhkIiik, GRAND ISLAND, Dec. 4. (Special.) Tho caso of tho State against Otto Drews for shooting with Intent to do great bodily Injury wns docketed for trial jn tho dis trict court today. It Is a second trial. At tho first, nbout a year ago, the Jury could not agree On New Year's eve. In 189i, Otto Drews, a man named Losson and Drews' younger brother went out on a hunting expedi tion. Tho Drews and Hansen families, though neighbors, had not for years been on good terms. Tho party went to tho Han sen home. A shot was fired In closo prox- nilty to a window. Miss Graco Hansen wns sitting near this window, within the house. Upon hearing the shot sho went to tho front door. Turning south and look ing In tho direction of the men, a shotgun, he barrel of which was within' a few feet of her face, was discharged. The load of powdor and wadding toro away the left Ide of her face. Ono eye was gone nnd tho other was only restored to partial sight by tho best surgical aid that could bo secured n tho country. Tho girl Is dlBflgurcd for life. At tho trial doubt was brought as to who fired tho shot. Losson testified that It was Drows. Tho girl positively testified that it was Drews. Drews' brother stated It was Losson. When tho cose was called this morning for a second time it was found that Los son wns not present, and It is stated that ho is not In tho county. When Sheriff Tay- or went to summon him ho could not bo fodnd. It was stated that he was In Oago county. Tho sheriff of that county telo- dioned last evening that so far he had not found tho man. Tho case has now been continued until tomorrow, when further dis position will perhaps be mado In the event Losson docs not show up. Ho Is one of the most Important witnesses; Dr. I.enUe Cnntiot Collect. FREMONT, Neb., Dec. 4. (Special.) Tho coao of Endcll M. Leako against Lucy Lucas, In which n verdict for tho defendant wob directed by tho Judgo in tho district court Monday, Is ono of considerable In tcrest to tho medical profession. Dr. Leake a Judgment agalnst the defendant's husband for medical services rendered him and, being unable to collect it, vcotdtncnccd a suit against tho wife "under the provisions of the stnto making a wlf e Mpjjislble, from her separate estate, for necessaries fur nlshed tho family. Judgo Hotlcnbeck de cided that medical sorvlces were not neces saries and that tho wlfo was not liable. For Taking Hurry'n Wages. FREMONT, Neb., Dec. 4. (Special.) Harry Hayes, an 18-yeax-old boy was held up near the Platte river brldgo Sunday night and robbed of about (25, which ho had earned picking corn. There wero two men In tho affair, ono of whom decoyed Huycs to tho bridge, while tho other did tho work. Tho fellow wno Is said to havo nctod as tho docoy, Oscar Hamlin, was arrested lato last night. Tho other fellow 1b known and tho officers oxpect to gathor him in soon. Ho wns discharged only Sunday, after serv ing a sentonco for bolng drunk and dls orderly. Ileelden Airnlniit the Omalinim. PLATTSMOUTH, Neb., Dec. 4. (Special.) In the district court today the Jury re turned a verdict for (1,800 In favor of tho First National bank of Plattsmouth against Attornoy Gcorgo W. Covoll and wlfo of Omaha and released County Attornoy Jesse L. Root. Tho suit was brought to collect a promissory note, which Mr. Root had signed with the understanding that another name was to be added to those already thero, which was not done. Tho Turtlolot caso was then eallnrl and Is being tried before a Jury. Stnte Horticultural Society. LINCOLN, Dec. 4. (Special Tolcgram.) Tno executlvo board of the Stato Hortl cultural society mot tonight to arrango a program for tho annual meeting, which will begin In fhiB city on January 15. Tho board decided to prepare an exhibit for tho Pan-American exposition at Buffalo next year. It was announced that at the Paris exposition tho Nobraska exhibit won fifteen gold and silver medals. New Pnpor for PlnttNmoath. PLATTSMOUTH, Neb., Dec. 4. (Special.) It Is reported that Charles Do Franco is coming to this city to start a democratic newspaper. Ho has not yet decided whether It will bo n dally or n weekly. 'Will Clear Docket. BEATRICE, Neb., Deo. 4. (Special Tele gram.) District court convoned for tho fall terra today, with Judgo Letton presiding. An attempt will bo mado to clear tho dockot, which Is quite heavy. A WOMAN'S OHATITUIin. A Moutnna Woman Write In .Praise of Xewhro' llcriileldr. BUTTE, Aug. 26. Newbro Drug Company, City Dear Sirs: For sovernl years I havo been troubled with dandruff, causing me much annoyance, and my hair becamo very thin. I havo used Newbro's Herplcldo for a month and tho dandruff has entirely disap peared and my hair Is becoming much heavier than formerly. Now hair la grow' Ing where there was none, and I nm very tiianxiui to you for tho benefit I have ro coivca from Nowbro's Herplcldo. Very truly yours, MRS. C. B. FOSTER, No, 89G Utah Avenue, Butto, Mqnt. Try to Oct Hack llank'n Money. NEWPORT, Ky.. Dep. 4,-Tho United ouuuH Krana jury touay is engaged in tnK lug testimony In tho caso of Frunk M Brown, lato assistant rnshlcr nf thn flop man National bank of Nownort. wlm u charged with embezzling (ifll.Ow of tho w v. - .ut.v.u. t..,w.rt ...w . . vanci) nillll moned nro some known to have knowledge oi urown. u losses oi inonoy m pooiroomi and other plnces. Receiver Tucker Is an thorlty for the statement that tho govern ment will undertake to follow the mono) lost and spent by Brown and recover It from tho persons who benefited by his lavtuli uso of tho money belonging to tho UIUIK, Unrnluua of Hushnnd und "Wife. ST. LOl'IS, Dec. 4. In a decision reil derod In tho caso of J. I. Macks ntralnx Columbia -Theater company ond Sidney Drew, tho St. Louis court of appeals de clared that what husband nnd vlf nnrn by their combined labors belongs to them generally and ennnot be considered the role ana unsoiuto property or tne nusoanu. Th conclusion, therefore, was that It cannot bo npplled to the husband's Individual debts and Is sn-rod from tho obligation of tho wlfo ns well. It ca:i only bo taken in payment or tneir joint ucdis. run cu?c win broucbt Into court ns n cnrnl.ihmnnt tiro- cecdliiK on n. Justice's Judgment 111 California ni'.iltut rildnev Drew for nn in dividual lodging blil. Drew Is a vaudeville actor unci no ana ins wue wero pinying at tho Columbia theater when tho garnish ment was served. Man Who Cunivd n Suicide. CHICAGO. Dee. 4 Wllllnm 11. Dunton. formprlv ntnlltlm; rlprlt nt llin I'nlon Na tional bunk, woh today found guilty of the embezzlement of J15,5w. Sentence was not pronounced. Tho defense offered no evi dence In tho case. Dunton was nn Intimate friend of Assistant Teller Cleorse Forbes or tho First National bunk, who committed oulcldn some months into. Forbes' books showed a discrepancy In his accounts and It was learned that despondency over tins obnrtnirc. which won caused by Forbrs loaning money to Dunton on tho hitter's promise that he would repay It Immedi ately, drove him Into taking his life. Dun ton wns captured nt Old Point Comfort, Vu. Sport nt I'nn-Atnerlonn Imposition. llt'FFALO. N. Y.. Dec. I. The executive ...... I . . . . . i 11.... V .....I I.i..i.ltl nn llllllllllll'C Ut WW I Ull-rfVl.H-, 1 . ,'f ,'. company has announced Its eoncurrencu In tho recommonJatlon of the committee nil rports for the nppolnttnert of James h. Hulllvnn, uocretnry-treasurer of tho Ama teur Athletic union, to tako chnrgo of tho iuiucuc ieuiurcn oi uiu eximeiiiuu. Many have lost confidence and hope, as ell ns health, becauso thoy thought their kidney dlscaso wos Incurable. Foley's Kid ney Cure Is a positive euro for the dis couraged and disconsolate. Tako no other. Dillon's drug store, South Omaha; Myers- Dillon Drug Co., Omaha. FAIR WEATHER TO CONTINUE orth to llnxt Wlurin Likely to Pre vail In .ehriiNUn on M'ednedity nnd Thursdn)". WASHINGTON, Dec. 4. Forecast for Wednesday and Thursday: For Nebraska and Kansas Fair Wcdnes- dany nnd Thursday; north to cast winds. For Iowa and Missouri Fair Wednesday nnd Thursdny; fresh westerly winds. ! or Norm uaKoia i-air weuncsuny; warmer In extremo eastern portion; Thurs day fair In eastern, probably snow In west ern portion; northerly winds. For South Dakota Fair Wednesday and Thursday; variable winds. For Colorado nnd Wyoming Oenernlly fair Wednesday and Thursday; variable winds. For Montana Fair In eastern, rain or snow In westorn; Thursday rain or snow northwestern portion; northwesterly winds. For Illinois Fair Wednesday and Thurs day; fresh westerly winds. or UKinnomn, Indian Territory ana Ar kansasFair Wednesday and Thursday; westerly winds. For Western Texas and Now Mexico Fair Wednesday nnd Thursday; variable winds. I.oonI Iteeord. OFFICE OF THE WEATHER TlIfTlRAir. OMAHA, Dec. 4. Oftlclat record of tem perature nnd precipitation compared with tbe corresponding day of the lust three ItKV). 1599. 1S9S. 1897. Maximum temperature.... 50 17 21 37 Minimum temperature 31 1 4 U 'recipitation m .w ,oo ,oi Record of temperature nnd nreclnltatlnn at Omaha for this day and since March 1, 1900: Normal temperature ,,,,, n Excess for tho day in Total excess since March 1 $81 Normal precipitation 01 inch Deficiency for the day 04 Inch Total rainfall since March 1 29.78 Inches Excess since March 1. 80 Inch Deficiency for cor. period. 1S99... 4. 67 Inches ucucioncy ior cor. period, i&ys... 3.cy inches neport from Htntlou ut 8 P. M. t)9 5 6 BTATIONS AND (STATS Or WEATHUR. PS !3?8 Omaha, cloudy..... North Platte, partly cloudy. Cheyenne, partly cloudy Salt Lake, clear 44 50 .00 40 52 .00 38 41 .00 44 64 .00 38 48 .00 28 38 .00 V) 30 .00 36 38 .01 38 40 T 30 34 T 30 38 .CO 46 48 .01 41 4.8 T 44 46 .00 24 5!6 .00 4G 48 .00 Rapid City, cloudy Huron, clear Wllllnton, cloudy cnicngo, ciouay St. I.ouls, cloudy St. Paul, clenr Davenport, cloudy , Knnsns City, clenr Helena, raining Havre, ciouuy Bismarck, clear Galveston, clear T Indicates trace of precipitation. L. A. WELSH, Locnl Forecast Official. Cancer There urt never any ex ternal signs of Cancer until tne blood is polluted and the system thoroughly con taminated by this deadly virulent poison. Then a eore or ulcer appears on some part of the body ; it may be small and harmless looking at first, but as the can cerous cells form and arc deposited by the blood near the sore, it increases in size and severity, with sharp shooting pains. No matter how often the sore is removed by the burgeon's knife or flesh destroying plasters, another conies and is worse. The real disease is in the blood, and the treatment must begin there. The poisoned blood must be invigorated and purified, and when this is done cancerous cells can no longer form and the sore will heal naturally and permanently. Mrs. Sarah M. Keeslinc, 041 WlndHor Ave., llristol, Teun., writes: ''lain 41 years old, and for three yearn had suffered with a severe form of Cancer on jny Jaw. which the doctors said was incurable, and that I could not live more than six months. I accept ed their statement ns true. aud had given up all hope 01 ever being wen ofain when my drucglst, know Ingofuiycondiuoii.rccoui mended 8. U.S. After talc tnir a few bottles the sore besan to heal, to the surprise of the physicians, nd lu a shott time made a complete cure. I have galued in flesh, my appetite is splendid, sleep is refreshing In fact, am enjoying perfect health." 0L A0fe overcomes this de- B' structive poison and iW removes every vestige BBBof it from the system, makes new, rich blood, strengthens the body aud builds up the general health. If you have n suspicions sore, or hnve in herited any blood taint, send lor our free book on Cancer, and write to our medical department for nny information or advice wanted ; we make no charge for this ser vice. Your letter will recr.ivi prompt nnd careful attention, and will be held in Btrictest confidence. THE SWIFT SPECIFIC CO., ATLANTA, OA. -i DeWitt's Llttl Early Risers The famous little pills For Biliousness, Torpid Liver, Contll nation, Sick Headache, Dliziness, In testinal Obstructions. Jaundlco ana all other Liver and Bowel Troubles DeWitt's Little' Eakly Hibkbs are unequalled. They act promptly and nover gripe. They are so small that they cau be taken without any trouble. Praparca by E. O. OaWItt Oo., Ohloaga. Ml IT r - XT' A NARROW A GRATEFUL WOMAN. -a--4 "- 4..-4----4- - -4 4- -4-4 tl MHS. P. J. LYNCH, GRAND RAPIDS. MICH. A Mrs. F. J. Lynch, 024 South Division strr ot, (J rand Rapids, Mich., writes: Tho Pcrtina Mcdlclno Company, Columbus, Gentlemen "1 earnestly recommend I'ci tinii to any sniTorlnp, women ns it cures quickly I had a most persistent congh which nothtnt; seemed to cure. Two bottles of Pcruim did more for me than nil the doctors scented to do. In a couple of weeks I found myself in excellent health, and have been enjoying it ever since. Hence I look on Pcrtina ns n true friend to women." Chronic Coughs and Colds Are Catarrhal Diseases, Catarrh is the Contin ual Scourge of Christendom Catarrh hovers ominously over every city and nestles treacherously in every hamlet. It flics with vampire wings from country to country and casts a black shndow of de spair over all lands. Its stealthy approach and Ub lingering stay makes It a dread to the physician and 11 pest to tho patient. It changes tho merry laugh of childhood to tho wheezy breathing of croup, and tho song of tho blushing maiden to tho hollow cough of consumption. In Us withering grasp tho rounded form of tho fond wlfo and mother becomes gaunt nnd spectral, and the healthy flush of manhood turns to tbo sallow, haggard vlsago of tho invalid. Cough takes the place of conversation, speech gives way to spitting, tho repulsive There's a touch of Christmas In this stock, but wo always mako ready In reason, 69 that early buyers may bo accommodated. Only a short time now. and tbe "WISE! ONES" will make ready will carefully Investigate tho new Also tho plainer ones In all tho modern woods and finishes Damascus Taborets $8, $8, $12 and $13. Hand Burnt Work Taborets $58, $9 aud 812. WALK IN AND Purchases made now will be delivered later if desired, ORCHARD & WILHELH CARPET CO. 1414-16-18 A convenient memorandum pad with separate pngo for each day of the year. KncloHfd by handsome steel frame. May bo hung up or placed at any desired unglo on tbo desk. The 11(01 edition has colored cover of now design and Improved binding. Now ready. Sent to ny aildreas on receipt ut (t ll-cent ntuiii!M. American lllcycle Co. COLUMBIA SAUKS DBP'T., llnrtford, Conn. Columbia Desk Calendar Sixteenth lOtTbl Sixteenth Edition. XJXJL Edition ESCAPE. Ohio: .MRS. V. J. LYNCH. odors of chronic catarrh polnon tho klsB of tho fondest lovers, and thickened mem branes bodlm sight, impair hearing and destroy taste. l.llio thn plaRtic-strlcken Egyptians, a cry of distress has Rono out from every household, and tho mildew of woo clings to etery hearthstone. Catarrh In Homo form, catarrh In some ntugo lurks as an enemy In the slightest cough or cold nnd finishes Its fiendish work In heart dlscaso and consumption. No tissue, function or organ of tho body escapes Its ravgns; muscles wither, nerves shatter and secretions dry up under Its blighting presence. So stubborn and diffi cult of euro Is this dlscaso that to Invent a remedy to euro chronic catarrh has been tho ambition of tho greatest minds of all ages. Is It thercforo nny wonder that tho vast multttudo of peoplo who havo been cured of chronic catarrh by l'cruna aro so lavish In their praise of this remedy? That tho discovery of Pcrura has ar.ade the euro of catarrh a practical certainty Is not only tho testimony of tho people, but many medical men dcclaro It to bo true. Ah a drug atom In this ago of the world Is Incomplete) without Pcruna, It can bo obtained anywhere, with directions for use. A cotnplcto guldo for tho prevention and euro of catarrh and all diseases of winter sent free by Tho Peruna Mcdlclno Co., Col umbus, Ohio. Ideas shown. Whether your wishes drift to fancy and dalnt pieces, or to the mora substantial scrvlccablo sort of gifts, wo feol that wo'vo the Items to please tho goods that will best lino up with your wlshcB. That tho prices aro right In fact the lowest will only add ptoasuro to your selections. Taborets 'Wo show all that Is latest and newest In Taborets very pretty effects In Toakwood, Da mascus, and tho now and novel band burnt work. Teakwood Taborets $7, $11, $114, $16. Oak and Mahogany Taborets 50c, 75c, $1, $2, $2$. LOOK AROUND. Douglas St. NEVER EQUALED DEALERS SELL THEM Charter Oak Stove I Range Co. MAKE THEM. ST. LOUIS. Dr. Kay's Lung Balm forcongtis, colds, and thiut dieo