THE OMAHA DAILY BEE: WEDJSSJJAr, I'JflHHL'AHV (5, 1901.
WARM DOSE OF CIVILIZATION
Scenes of Horror in the WaVs of tho Alliod
Army in Obica.
RAVAGES OF FIRE AND SWORD
ShiM'kltiK I'lcturrn ii( Wiinlon tinnier
unit I'llliiKO Coin ml tied liy thu
Soldier of M(i-('nllil
C'lirUtlau .Notion.
In tho Contemporary tlcvlcw (or Jiinu
try, under tho tltlo of "Tho Chinese Wolf
nd tho European Lamb," Mr. B. J. Dillon
presents In harrowing details an uccotiiit
of tho massacres of tho Chlncso by the so-
called allied European soldiery. This Is
the description of u scerw nt the bar of tho
Tnku, toward the mouth of the Pel Ho:
"Dead bodies of Chlnamon were lloatlng
seaward) some with eyes ngape and aghast,
others with brnlnlosu skulls and eyeless
sockets, and nearly all of them wearing
their blue blouses, buggy trousers ami
black glossy pigtails. Many of them looked
ns If they were merely swimming on their
backs. Hovering over each was a dense
cloud of files, and higher still, in trie not
heavy air, unclean birds of prey wheeling
round and round, but never once uesconu
Sng. They had long been battening on
shore, nnd had grown squeamish. Tho sky
-as stagnate with heat; tho nir quicKenou
to lire, and quivered till Its vibrations wore
visible to tho eye; thcro was not n breath
of wind to stir tho leafage of tho willows
on tho distant banks. Awny out in the
oiling one could descry tho heads of men
swaying from sldo to sldo with a motion
very different from drifting. On drawing
nearer nnd looking through tho glasses, I
became nwaro that scores of Chinamen
ccnttcred over tho spnee. of many miles
wero up to tholr ncekM In water. Ench nnd
rvcry ono of theso tollers of tho sea was
ulaiiding upon stilts Hailing for boIoh, and
holding n not which ho worked with both
hands. Their heads were Imperfectly
nhlelded from tho sun's blistering rays by
tho colls of their plaited hair, and their
bodies, up to their necks, had been soaking
thus In brlno sltico early morning. These
men wero working for tho surviving mem
bers of their families. Kar as they wero
from each other, they wero still more dls-
tant from the shore, the nearest stretch of
which was some threo miles off. Now, none
of theso busy fishermen cvor moved nwny
from the bodies of their townsmen, which
kept lloatlng slowly past, each accompanied
by lis black cloud of lllcs, nnd Infecting the
sir for many a rood around. Thoso
wretched helots who thus left tho dead to
bury their deail had little of tho magic
power that excites fellow feeling. Ami It
would have stood them In poor atend If they
had possessed It. Vol they sorely needed
nolnco; for their souls wero as completely
Mr-cued In misery ns their bodies were In
svnter. 'Funny fellows, tho Chinese; heart
less brutes,' wns the only comment I heard
is wo sailed post nnd other scenes gr.ulu
illy unrolled themselves to our eager gaze.
After having loft Tien Tain Mr. Dillon
Kent by river Into the, neighboring country
llnviiKt-n "f I'M re itml .Snrd.
"Fire nnd sword bad put their marks
upon this entire country. The untrampled
corn was rotting In tho fields, tho pastures
wero herdlcss, rootless thu ruins of houses
tho humlets devoid of Inhabitants. In all
the villages we panned tho desolation was
tho same. Day after day, hour after hour,
sometimes minutes after minutes, bloated
corpses, pillowed on tho crass ooze, drifted
down tho current, now getting entangled
In thn ropes, nqw caught by an oh.stac.lo
near tho short). Three livid corp'sos were
thus held fast on a llttlo Islet In midstream
nnd thu shallows around kept mo a few
yards to tho lco of them for not less than
six hours of n scorchlngly hot day. Hard
by a spot named Koh So. I saw two bodies
on a low-lying ledgo of tho Bhorc. Ac
customed by this tlmo to behold In tho
broad light of day some of tho horrors
which tho soil of thu graveyard hides from
all living things but tho worm, I should
have glided carelessly past them but for
tho pathos of tholr story, which needed no
nrttculato volco to tell. A father nnd his
boy of 8 bad been shot down in tho
name of civilization whllo holding each
other's hands nnd prnylng for mercy. And
thcro they lay, hand still holding hand,
whllo n brown dog was slowly eating ono
of tho arms of tho father. To Europeans
nt homo Btich n night would appeal with
forco; to Chinamen It is the embodiment of
spiritual as well ns physical misery, for tho
son who should have kept his father's
memory alive In this world, nnd been help
ful to htm In tho world to come, hud been
cut down ns well as himself. It wns like
killing a man In his sins so ns to Insure his
eternal damnation, which was ono of tho
many forma of nsBasslnntlon In mediaeval
Italy. 1 looked at tho fares of tho llttlo boy
and his father, and I can see them still,
ns clearly nnd nlmost as concretely as I
Haw them on tho day. Truly It Is not
'sickly sentimentality' that marks the at
titude of Kuropean culture-bearers toward
China."
The terrlblo conditions In Tung Tschau
are thus described:
"I apeak as nn oyo witness when I say,
for example, that ovor and over again tho
gutters of the city of Tung Tschnu ran red
with blood, and I Homellmes found It Im
possible, to go my way without getting my
boots bespattered with human gore. There
wero few shops, private houses and court
yards without deud bodies and pools of
dark blood. Amid n natlvo population whose
very souls quaked with fear at sight of a
rifle, rovolvcr or military uniform, n reign
of red terror was Inaugurated for which
there Beems no adequate motive. Kven If
nil the Chinese within tho city walls hud
risen In revolt against the foreigners, tho
latter would hnvo quelled It almost without
an effort. Yet they were kept with a
Damocles' sword lontlmmlly falling on their
heads. No native's life or property was
safe for an hour. Men 1 had boon speaking
to before lunch were In their graves before
sundown, and no mortal will over know tho
reason why. Tho thirst of blood had made
men mod. The pettiest and most despica
ble whipper-snapper who happened to have
seen tho light of day In Europe or Japan
had uncon'trollublo power over the life and
limbs, tho body nnd soul, of tho most
highly-cultivated Chinaman In the city.
From his decision thcro was no appeal.
A Chinaman never knew what might betide
lilm nn hour hence. It the Kuropean lost hU
temper. Ho might lie down to rest after
having worked like a beast of burden for
twolvo or fourteen hours only to be sud
denly nwakened out of his sleep, marched a
few paces from his hard couch, and shot
dead. He was never told, nnd probably
seldom guessed, tho reason why. 1 saw an
old man and woman who wero thus hur
riedly hustled nut of existence. Their day's
work dono they wero walking home, when a
flro broke out on n llttlo barge nn the r'er.
They wero tho only living beings founfi out
of bed at tho time, and In tho pockets of
the woman a candle and somo matches wero
stowed away. Nobody, not even the boat
watchman, bad seen them on or near the
uoat. Tliey wero pounccu upon, lasen iu
Itolloro
Asthma,
Bronchitis,
C'uro
Coughs,
Sore Throat,
Catarrh.
Hoarseness.
Nothing excels this simple remedy,
the rlver'8 edge, shot nnd burled. It was
tho work of fifteen minutes or less. Short
shrift was given to any native. Europeans
had their own business to nttend to, nnd
adjudicating mnttcrs of this kind could bo
but an Interlude. Executions wero too fre
quent to have much precious time wasted
on tho preliminaries. No fire over broko
out to my knowledge without a number of
Chinamen being Immolated next day on the
nltar of Justice or vengeance. The Chinese
were treated as Christiana were In the
reign of Nero."
Treatment of Women.
If at tho beginning there may havo been
somo Isolated cases of Japanese cruelty,
Mr. Dillon writes, "tho Japanese generals
very sternly set their faces against this
species of deviltry, visiting the offenders
brought beforo them with such terrlblo
punishment that among their troops tho
practlco died suddenly out, nnd tho Japs
succeeded In sotting an example of political
wisdom to all tho foreign allies." A fur
ther compliment Is paid to tho Japanese:
"In battle fearless and fierce, they were
wont to sparo tho lives of harmless people
In all towns nnd cities, nnd to post up no
tices on the dcors within which such pro
tected citizens dwelt, calling upon all their
allied to sparo and 'not to molest tho In
mates, who nro good, loyal people.' In
worldly wisdom, as In their .commissariat
ami hcspltal organization, tho Japs were
considerably ahead of the best of the Chris
tian allies."
To tho lust for blood was added tho horrl
bio treatment of tho women. Mr. Dillon
writes;
"So far ns I have been able to make out,
and I havo boon at some pains to Investi
gate tho subject, no otllccrs or soldiers of
Kngllsh or Gcrmnn-spcaklng nationalities
havo been guilty of theso abominations
against defenseless women. And tho crimes
of this nature which wero committed In tho
cities, towns and villages In which I was
staying wero numerous. It cannot bo galn
snld, nnd should be openly ulllrmcd, that
after a tlmo severo measures wero pro
claimed against offenders, nnd I remember
thai on September t a Russian soldier was
arrested by somo Indian troops lu the act
of violating a woman, nnd wns duty handed
over to hlb military superiors for punish
ment. Hut It would be unfair to pass over
In stlenco tho fact that only two days pre
viously n Sikh had been pounced upon by
the Russians nnd delivered up to tho Ilrlt
lsh for condign punishment for u similar
offense; and, two days earlier still, two
other Indians hail been shot dead by Ameri
can soldiers tor violating a Chinawoman.
To compnro nationalities In respect of the
guilt of their representatives would bp at
once misleading to the. historian and preju
dtelnl to tho lauso of humanity. It Is
enough to know that outrages against fe
male honor were heinous nnd many; to
gether with the taking of unprotected lives
(ind property, they wero tho crimes rriost
frequently committed by tho nllled troops."
As to tho Ho.xors, nt first utter exter
mination Bcemu to hnvo been tho rulo of
action.
"Down to tho beginning of November
tho llrltlsh wero the only troops which, to
my knowledge, gave quarter to Boxers,
taking the wounded members Into hospitals
nnd caring for them ns for their own men.
Tl ey also refused, more than once, to shoot
In cold blood Chinamen who had fought
against them hi buttle, but wero takeu
weeks later without arms In their bands,
On tho other hand, the Jnpancso, who,
throughout tho Invasion of China, have
been on their Sunday behavior, were tho
only power nmong the allies who under
stood the natives, gained their confidence,
restored perfect order, and re-established
the reign of law. The Japanese districts of
Tien Tsin and 1'ekln, for Instance, wero
model cities quite, npart from all others.
They wero crowded with Chinamen who had
returned nnd were going about their ordi
nary business without fear for life or prop
erty. Markets wero held hero every day,
and victuals bought and sold at tho tlmo
that all the other wards of these cities
wero In a state of chaos und without vegetn
bios or meat. The Japanese wero nnlmatcd
by u desire to show Kuropo that If a thor
ough reorganization of China be desirable
they, and they alone, can effect It. And
this they hnvo gone far toward proving to
Kuropo and tho world In tho most con
vincing way. Looting was first put down
lu tho Jnpaneso wards of I'ckln."
The Hint of Loot.
Looting may bo said to have been gen
eral. The richest harvest was that gleaned
by the Japanese. They holped themselves
freely to tho silver In tho mint nnd treas
ury at lcktn. The Russians showed the
creatcst ability In plundering. "Tho law
less looting which the rules of war against
barbarlutiB wero said to warrant was con
tinued until there was nothing left worth
carrying off." Ah to the plundering of tho
nnartmentB In tho Forbidden City, Mr. DII
Inn declares there wub n satanlc humor
nbout It worthy of a modern Hogarth
Hvervbodv wanted n "souvenir.
"Tho clvlllzers hurst Into tho imperial
rhninhorH. (lesi)ltc tho respectful requests of
the mandarins present, but it was only, for
sooth, to havo n look or tako n photograph
Then they handled tho furniture, but merely
In order to nscertnlu tho nature, or tho
mctnls and the hardness of tho wood. Then
drawers wero pulled out nnd cases opened
Just that thoy might glance nt and ndmlro
the barbaric splendor or tlio Chinese court
And then thero was n pause, during which
the Intruders looked less nt tho valuables
and moro at each other. Ono man would
lltt up a costly Jade ornament or n flno
piece or sllverwork, study It, glance fur
lively around, ro-oxamlne It with a blush
lay It down In a half-sbamcfaced, half
regretful way and movo on to another
drawer. Then he would return to tho first
and begin theso rites over ngaln. Ono
gentleman had only Just turned his back
for a second on a most artistic nnd ancient
piece of Jadowork nnd was coming back to
ndmlro It once more, when ho saw it dls
appear In tho sldo pocket of another, who
remarked with a diplomatist's euphemism-
One cannot got without a souvenir.' That
word souvenir wns tho formula which every
ono had been seeking for. Once found, thuy
nil brenthed and plundered freely. Kach
ono wnnted n souvenir, and, as thero was
llttlo tlmo to pick and choose, ho took n
number of articles homo for Inspection,
Tho full tide of looting had now set In and
could no longer bo stemmed, even by tho
sturdiest of thoso who wero wont to bo
honest In tho daylight nnd virtuous In tho
presence of u crowd.' An olllcer or high
rank, coining In. shook his hoad sadly, but
exclaimed hopefully enough: 'Gentlemen,
no looting, please. Kach one may tako a
llttlo souvenir, but nothing more.' Hut
coolies cnrrylng coals to stenmors In Hong
Kong could not be moro expeditious than
was this respectable gathering of military
and civil oflliials In stowing nway tho moat
unwieldy vessels, tmngos nnd ornaments
between their conts and their skins. It was
very conilcnl to boo self-respecting Indi
viduals, their features serious and solemn,
whllo their bodies wero no monstrously mis
shappeu that oven ns gargoyles they would
havo been Impossible. Ono otticer left with
what many fancied rau3t bo a lady's tour
nure. expanded by the1 heat to nlnrmlng
dimensions. Ills frleuds explained after
ward that the protuberance was caused by
n magnificent vessel of old china, which ho
In somo mysterious way secreted on his
person."
Tho peculiar horrors, of this war the au
thor certainly does not exaggerate. U
may be questioned, howevor, whether ho
does not see the Manchu dynasty und tho
Chinese In n more amiable light than they
descrvo. Tho matter resolves Itsolf Into
this; If China does not respect tho lives
of tho foreign representatives or of tho
Americans or Europeans who dwell within
her confines, she must be made to do bo.
This general rule holds good for Dahomey
or China. The conclusion of this remark
able article Is as follows;
"China has never meddled In European
affairs, never given tho powers any Just
cnuso of complaint. In fact, her chief sin
consists In her obstinate refusal to put her
self In a state to do cither. She Is not en
croaching upon the territory of others, al
though her population hns become too nu
merous for her own. Her only desire Is to
be left, as she leaves others, lu peace. She
has a right to this Isolation. Russia allows
no foreign missionaries to convert her peo
ple. To tnduco n Russian subject to aban
don his church for rrotestnntlsm or Cath
olicism Is a crime, punlshablo by law. Why
should a similar act not be similarly la
beled and treated In China? It Is, of course,
useless to expect the powers to change
their line of action, nut It Is hardly too
much to nsk that the press should modify
its language describing It. Why should
cultured and more or less truth-loving peo
ples persist In speaking of tho glorious
work of civilizing China, when It Is evident
that thoy are ruining her people nnd de
moralizing their own troops besides? Tho
futuro historian will nnd It dlfilcult to ex
plain how It camo about that tho freo
Christian peoples, whoso generous blood
boiled with Indignation against tho high
handed action of the Drltlsh in South
Africa, were at tho very same tlmo enthusi
astic In their praise of tha 'good work
dono' by the bravo troops In China.
"The nollcy of tho powers la a sowing
of tho wind, nnd the harvest reaped will
surely bo the whirlwind. Hut that belongs
to tho 'music of tho future.' "
A ltUY.lt. l'UXKI.OlM
I'repnmtlmin for tlir MiirrlnKe of Uio
Uiircu of llolinnu.
Tho young royal bride to be, Queen Wll-
hilmlna Paulino Helen Mnrlo of Holland,
hau had almost ns many suitors ns Fene-
lono herself. For every royal house in
Europe, except Roman Catholic famines,
that had n marriageable prince to offer has
had designs upon Wllhclmlna's heart nnd
hand.
bill approving tho queen's marriage
has been presented In thu states general,
but tho question of an allowance to her
nrosncctlvo husband will not bo raised
Tho question of precedence has not yet been
settled and whether the prlnz general wnlks
beforo tho quceu dowager or follows niter
both his wife and his mother-in-law is yet
on unsettled question.
It Is. by tho way, to "King" Wllhelmlna,
not "queen," that offlclals and other pub
lic servants take tho oath or allegiance,
This was decided upou somo tlmo ago by
tho Dutch High Court of Justice and was
In lino with Queen Emma's wishes. "I
deslro to make Queen Wllhelmlna somo
thlnir bolter than a strong woman. I wish
to mnko her a king."
The nuptial ceremonies will last n week
nnd will tako place at Amsterdam instead
of Tho Hague, tho palaco of tho former bo
lug thu moro commodious. Tho throno
room Is ono of the magnificent npartmonts
of tho world, with Its superb marblo col
umns and crystal chandeliers of near 400
lights. Tho throno Itself Is covered with
ruby velvet und edged with ruby and gold
fringe: the back is surmounted by a crown
containing sapphires, with Hons in support
another crowu and tho letter " Is
wrought on tho velvet Just beneath. The
front of tho chair Is a footstool to match
tho canonv. The ennony Is curtained In
ruby velvet, with gold cord; It Is sur
mounted by a crown and ostrich plumes; on
tho Inner center are embroidered tho royal
nrms and motto, "Jo Malntlen Dral."
The stylo of the ball room Is empire.
with a smnll French plnno nt ono end,
whllo crimson nnd gold nro tho colors.
Tho order for her wedding gown tho
ouecn Iins given to mo women oi mo
School of Art Needlework in Amsterdam,
who so successfully embroidered her cor
onation robes. Ono of her bnll gowns will
bo of white- satin, embroidered nil ovor
with forgot-mo-nots In silver and pale
blue.
Tho women of several different prov
inces will present their queen with national
costumes. That of Frlcsland. tho gift of
8.000 women, Is described .is quaint, If not
Btrlctly graceful, with Its amplitude of
drapery and silver hair ornamontB. Tho
gold and silver ornaments for tho queen's
headdress aro preserved among tho crown
Jewels ns tho property of tho nation.
Up to tho tlmo sho wns 12 years old the
llttlo queen was dressed entirely In v.hlto,
even to her llttlo kid shoes and silk stock
Ings.
Tho queen hns always dressed very
simply. Indocd thero Is a Btory that Bho
often wears i "InBt season" hat, nnd
moreover, ono trimmed over by hor own
royal lingers. "Ah plain as tho queen of
Holland's petticoat" Is a byword with
certain young American girl, who camo
ncross tho two queens a few years ngo
when they wore "doing" London In a quiet
wny. Doth queens woro very plain stout
shoes, nnd tho uplifted dresses revealed
white petticoats absolutely devoid of trim
mlng of any kind.
Tho queen dowager has always been
simple lu her habits. On ono occasion
when sho visited an empress her entire
suite much to tho surprise ot tho empress
consisted only of an aged chamberlain
and a lady ot honor. Upon occasions the
queen dowager has even travelod second
class, preferring to do so on account of
meeting, although less elegant, far more
Interesting peoplo.
Nor Is thu etiquette of tho Dutch court
rigid, tho queen being qulto accessible t
the people. Persons wishing to pay their
rcscects call at the palace about flvo day
previous, write their names In a book kept
for that purpose, and If thero is no reason
for their exclusion, they nre admitted upon
the specified dny. In tho matter of retainers
nnd attendants thcro has never been
grent amount of pomp nnd circumstance
No rulor In tho world attends moro
strictly to her duties than Queen Wll
helmlna. Sho Is biiBy every day with th
matters which her ministers lay beforo
her and with tho affairs ot her court. Sho
hns Bald ot herself that she nover plays
but always works. These concerns, which
wo might rashly consider to bo her pleas
ures her receptions and stato banquets
nre, In fnct. her Irksome duties. Durln
the "season" sho is bouud to notice, with
exactly equal nttentlou, each one of the
400 or 500 persons of tho court. Noto Is
kopt of theso courtesies and of tho orde
In which she pays them and sho has punc
tllloujly to ncqult herself or tho whole duty
down to tho properly timid nnd measured
chat with tho last diplomat and his wile
before tha close of the last levee.
The youug queen is not beautiful, but
very good to look upon wholesome and
frank, with a pleasant smile for ovcryono
Sho has blue eyes, a clear complexion,
Grecian nose; her forehead Is broad and
rather high and her teeth cro large, whit
nnd oven; her blondo hair, which Is sll"htly
wavy, Is brushed back to show the "orango
ear." Sho has a well shaped bead and
slender, graceful flguro, with a queenly
bearing.
Sho inherits her father's taste for music-
he onco wrote un opera which was much
praised, at least by friends. Her education
having been conducted In tho most cor
servntlvo Dutch faihlon, it follows that she
Is thoroughly versed in domestic science,
knowing how to cook and sew; sho also em
broiders beautifully.
Ilny Hi-iliictlon of AVntrcK.
PITTHllCIin, Feb. 6.-Posltlvo denials nro
madn by ruko manufacturers In l'lttsburg
to the t.tory that u cut In wages or tha
cokn men 1h contemplated ns reported Inst
week, It was originally thu intention of
the coke men to reduce the wages this
month, but becuuse of tho Increased ib
mand for coke and signs of recovery of
prices from the recent slump, tho reducl.on
was deferred for a time, with ttu hop
thut It will not be necessary,
SUPREME COURT SYLLABI.
No. 9370. Streeter ncalnst Httttnukrr. Ap
peal from Hamilton. Affirmed, opinion by
suuiviin, j 'iien January. i.
1 ruder the urnv slons of section 21.7 , lia
ised Statutes of the United States, lands
f thu nptipml irnvernmetlt not reserved for
nublie DurDoaex may be taken and used for
public roads,
2, Evidence of long continued use by tho
public tends to show the establishment of u
ronu uy dedication over me puonc tioinain.
So ulso does the surveying, marking oat,
platting nnd improvement of a roud by the
public authorities.
3. Bvldenco examined nnd found to sup
port tho judgment.
no. Haw. Tatum again" miup. wrror
from lliifTnlo. Aillrmed. Oiilnloii by Ho)-
comb, J. Filed Jaiuury 23, 1WI.
l. in nn application ror n continuance,
where no reasonable probability exists nf
procuring tho proposed fcvldenc-o. which Is
that of unknown persons, or where It Is
hown that due diligence and seasonable
ITort have not been made to tirocuro bucii
evidence, the application for ftconttnuiinco
Is properly overruled.
2. Whern wltnpss for tun dofenpo In a
criminal prosecution bus' testified to facts
inconsistent wltn nnu contradictory in
statements made by such witness prior
thereto, nnd regarding mnttcrs material to
the Issues in tho case, such Inconsistent und
contradictory statements may lie proven
on rebuttal for tho purpose of affecting the
credibility of such witness, too proper
foundation having first been laid.
a. strictures ny counsel oi n witness ior
the defenso held to bo of n character war
ranted by tho evidence, nnd that s ich argu
ment was not misconduct upon which
prejudicial error could bo predicated.
4. Instructions to the Jury examined nnd
hold to embody tho rule of law that circum
stantial ovldence, to Justify ti conviction
must bo of such character as to exclude
every reasonable hypothesis save thnt of
tho guilt of tho accused.
6. i.vnieuce examined nnu iinu to support,
tho verdict of tho Jury and the Judgment
rondcred thereon.
No. II aw. Urown ncainst Hlnan. isrror
from l'nwnee. Aillrmed. opinion by llol-
comb, j. Filed January 23. 19)1.
1. Where a vendor pells and transfers ill-
property with tho Intent and purposi or
ilmlnrlnir. tlelnvlnir or defrmi'ilnc bis credi
tors, nnd Urn vpiiilec ntirehnces such prop
erty with knowledge of the fraudulent In
tern qi me vendor or shuw.vubv m i.m-n
facts nnd circumstances in would put n
prudent man on Inquiry, winch. If pur-tiied.
would lead to it knowledge or notice of tin
fraudulent purpose of the vendor. Htieli
sale nnd trnnsfer Is frnuHuh-nt nnd void ns
to the creditors) of Hiieh vendur.
1. Instructions cojib d In the opinion held
to correctly Htuto the law und to havo been
properly given.
3. Instruction! requested and refused held
properly refused. , , ,
4, Evidence exninlned and held lo support
tho verdict of the Jury und tho Judgment
rnnrli.rnil therein.
No. 11330. Carter ngauint unison, r-rr ir
from Cnss. AlUmied. Opinion by Sulllvim,
, Filed January 23, n.
1 A rentiil mil trust by tnkltur it Judgment
agnlnst his trustee tho prlc nr trust prim
erty wrongfully sold, thereby mlltles trie
sn.o nnu waives inn hk'" jwiouu
nurrhnxer.
2. Nothing appearing to Iho contrary It
will be presumed that Hip Judgment ap
pealed from was within the ple.idlnga nnd
iiufirwtn iv rtrfini.
No. 1HC7. SumhiKP ngalnst Statu. Error
from Fillmore. Itevorsed. Opinion by JIoP
.......i. t 1.-I1...1 .inniinri- 2.1. ITU.
l. Where inronners, netet lives or tmn-r
..mnt.ivrd to bunt up testimony
ngnltist the accused are called to testify
ngulnst him. be Is entitled to un Instruction
to mo jury uiui in vwikwiih iiivn v il,
mnnev ureater tare should be cxprclsed
than in tho caso of witneises who are
wholly disinterested. Preultt against the
People. f Neb., 377. followed.
2. Wliero one is cinirn';' i'nin;iimi "
felony ho cannot be convicted us un ac
cessory, nnd, vice vwrsa. where one Is
ehnrged us an accessory ho cannot bo con
v.cted as n principal; nnd where, In n rrlm
innt tirnnpntitlnii nirnliiHt tt defendant
rhtirupil mh principal In the crime if
Kii-ffloi-v tin lnrv Is Instiucteil thnt tho ic-
Im frmnil culltv If bo ndvlsed
and counseled the commission of the erlme
such Instruction is erroneous ns authoriz
ing u conviction nn an m-ceiMiory on nn in
formation charging him ns principal In the
nlKitrnfl till r tIll T V.
No. 1H23. Parsons ngalnst State. F.rror
from Iitncnster. Aillrmed. Opinion by IIol-
comt). J. I' lied jnnuiiry . uji.
1. It Is competent for the legislature to
provide In nn net regulating tho llcenso nnd
sale of Intoxicating liquors that tho posses
ainn nt nnrh Honors bv one not havlui; n
llcenso or other permit for tile salo thereof
shall 1)0 presumptive vuienen oi tin- vinni
ii,,,. nf tin, net. nnlesn. after examination
the person charged shitH..fj4it!rautnrlly ac
count .ior nnu exnmuj,; jui- puascaaiuii
Such ttrovls ons nre nor violative oi tne
constitutional provision- to tho effect thut
no person shall. In nny criminal case. h
compelled to give evidence ngainsc nimseii.
.,. It) u prosecution unui-r im-cwuii iimp
ior l. Comnllpil Stnt itps. for keenlui! In
toxicating liquors for wtlo In violation of
law tho possession of "ueh liquors by tho
nnmthf.fr whnn eHliili'lslifMl bv the evidence.
Is' presumptive evidence or guilt, tin'ess tho
accused shall satisfactorily account for
nnd explain the possession thereof, nnd
that It was not uept ior an unmwiui pur
pose. Durteo agalnBt State, 53 Neb., 211,
toliowen.
j iniiriint nm Irnspd upon the above-
mentioned section examined und held prop
crly given.
s limii'itnilniiu in the 1urv when taken to
geiher tlx the time of the commission of tho
offense at or nbout the tlmo charged In tho
Information. Held, properly given as to tho
requirement thnt Hie intention to hpii mum
bo a present intention within tho mcanlnr;
or tr.o luatute.
r. tn ti I'niirr or conerni lurisniciion luriS'
dlctlonnl facts nnd the regularity ot tlio
proceedings hud therein will be presumed;
mill u-liprn. on thn trial In the district court
of n person charged wuii tno Keeping or
Honors unlawfully nnd for the purpose of
unto ti lu .limi'ti Hint suelr Honors were
seized under n renreh warrant Issued out of
tho county court. Held tnni u is not necrn
nrv tn tntrml'ipn In evidence the statutory
atllilavlt upon which tho nearch warrant
wnR Instlnit
No. 1IIP1. Thompson against Ktate. i-.rror
from Cherry. Reversed Opinion by faulll
van. J. F ed January 23. ltoi.
1 An Inatmntlnn I'hlirclllir that "An OS-
miiilt nn thn house, pan be lawfully resisted
to tho extent of killing tne assailant or as
sailants only In case the assault Is mndo
with tho Intent either of taking tho life of
tho Inmato or of doing blm grent bodily
harm, und that such resistance was iiuces
sury to pi event such crime or In enso tho
Inmnln nellnir honestly had reason to be
lieve from the acts, facts nnd circumstances
and, in fact, did neuove umi u wan nei-es-san-
to nrovent tho commission of Btich
rrlm. " In erroneous.
2. A man may defend Ills domicile, even
to tho extent of taking life. If It bo nc-
tnnllv nr ntmnrently np.ecHHar V to do HO In
order to prevent the commission of a felony
therein. Whether this Is the preclHe limit
nt tlt ilnmlnllliirv rluht Is not determined.
3. The submission 10 tne jury nt u uu-nry
which hatt no busts In tlio evidence Is error.
i i,-.t.iionrn Hint mnnev or uooils were ob
tained from a man by tuxIiiK him, with tha
practice of nn abomlnnblo wlrkcilnefts anl
tbrentPnltiK to expose him may bo sulll
dent to establish tho erimo of robbery.
B. The occupant of a tlwel'lnB may law
fully kill, us a necessary meaau.-o of dc
f..nun. n nei-snn who attempts to break anil
eutel wltli the Intention of extortlnu money
by CliariilllK Him Willi un- kuiiiiiupmuii in nn
Infamous offense aBUlnst nature nnil threat
eiihiK to expose him to public reprobation
unit contempt. , , , . . . . ...
- v.. inBtrtiHnn vjhlrh mlsstntpH the law
it not cured by kIvIuk another which state
It correctly. Hie jury miuuiu nm it" f
quired to choose between conlllcttni; in
atnilnHnna
7. A plea In abatement. iTrounilcd on tho
fnct that defendant had two preliminary
examinations nnd thnt on tlio first ho was
held for a lower prude of crime than upon
Ihe cno which Is the bnsls of the Informa
tion hied upilnst htm, Is ilemiinnble.
No. 11531. Wutr n HBUlnst Cowles. Appeal
from Otoe. Itoversed. Opinion by Sullivan,
I l.-lli.il .Inminrv 23. 1901.
1. I'ronerty used exclusively for school
pjrposes Is exempt from taxation for gen
era l revenuu.
iVoVSV
1c tint Hiihl
iirmMlvnlv thn fnotfi ivttdGrlnc It oxtmnt
a If a builUinr; Ih ubih! at thd Unnio time
Imnl niiriinses and us a fainllv rp.st-
denco by the person having charge of tho
school It Is not exempt from taxation for
grnc-n.l revenue, unless the residential use
Is Incidental to the other and associated
thirewlth In such wise ns to oo regarded as
part or It. ...
4. A flndlnir which has substantial sup
port, although based upon conflicting ovl
rtpneu. will not bo disturbed.
No. UGX Stewart against Hole. Krror
from Hitchcock. Aillrmed Opinion by
Nnrvnl, C. .1. Filed January 23, lO'd.
1. The Indeflnlteness of a pleading Is no
ground for demurror. lut the defect MmuM
bo raised by motion to make moro definite
and certain.
'. it Is oincial m sconduet for a ciuntv
clerk to permit to bo abstracted from his
otUco ballots committed to his official euro
which wero cast at thu last preceding
nlprllon.
X Hp pnnnnt urcn ns a defense to n nro-
ceedlng to remove him from office that the
ballots so nusiracicu ponbeascu no evi
rlentlnl value.
No. 11712. Itoby ngalnst State. TSrror from
vork. ltevrrsdi upinion ny Hunivan, J.
l.'ilpil Jnnunrv 23. 1001.
1. Tho pendency of a former Information
for tho same offense In the hamo court fur-
tilshcs no sutllclcnt ground for a pica In
abatement,
2. Kvldence examined und found insufll
rlent to iustlfv tho verdict of the Jury.
No, 11239. Shurp against State. Error from
A
atiiSki-Jtiii.
mm
unit dlzzlncio. i lien oiir liotvel
AlinP nil bowel trouble, appendicitis, btl
MgluL Intikiie, liinl brentli, bint blood, wind
id Si IB" 0,1 "'" Ktoiitarh, lilo.-tletl liou-rU. foul
hf W 1 1 to ttintitli, lieiidHt'lm, Imlluotloii, plmplrn,
until niter e.ttlnir. IM or trouble. hiiIumv complexion
Inrly yon nro uettlnir Melt. Cnnnttpntloii Will moro
people Hum nil other illenir together. It Is n
ntnrter lor tho ebroiile nllitienl mill long yeiirn of
MitfTurliit; thnt rnttte nKertvnrd. No .miller whnt
nil yon, Mart inUlns CASCIUKTS to-ilny, for you
will iievpr uet well nnd ho well nil thn tlmn until
you put your linu-nln right. TnUe our ttdvleet tnrt
with t'.WAltlVa'S to-dny, under uu ubolllto guar
unteo to euro or money refunded. ,M
l.uticiister. Afllrnuil (minion by Nerval.
C J. Klleil .Inntiiiry M. ltwl.
I. A c erk of tho district ouirt limy prop
erly tulte vcrlltciitlons of Infurnmtlou In
crlniltuil chki-h.
It Is FJtlle cut If an Itifortniit on Is veri
fied b. I lie I'ojnlv nttornev on inforiniitlon
iltiil bclli.
;l. It Ih unnecpHsiiry to obtnln lenve of
court before IUIiiu uu Information in :t
Lrlmln.il case,
i. An Information e burn nir larceuv unf
ile It Mill described the Htolen property uh
Illlv-llve coats, ench coat of tho vultiu of
.; Mfty-live vpHts, east vest of the value of
$3; sixty pulrH of trousers, eucli of the value
of ?.; lour overcoats, each of the valuu of
5. Tlio crime of biirulars-. and the Iarcenv
rttuiltinK therefrom, lire not so connected
In law us lo preclude a conviction for lar
ceny, merely because the nceuseil may hnvo
oei'ii pi-.-Fpeuieu ior tno nurRiury resumni;
in a n-h-lrlal.
u. WliHlher n mistrial res'.iltlnir from thn
discharge of n Jury because of the Illness of
ono it lis members cuimtltiited rnrinr
Jeopnnly not tlecliled.
i. rrooi oi spicnu ownership in property,
the iinbJect of larceuv. will sustain n run.
vlctlon of lurcniiy under an Information
chumlnK Kcneral ownership.
S. Kvldenco examined and held to estab
lish the existence tr a do facto corporation.
v. uwicr onjociioiiH examined utui nciu not
to coiislliutc error.
TABLE AND KITCHEN, (
, Practical suuncstlons About roodand the
Preparation? of it, i
Ilnlly Menu.
TIiritSDAV.
IillUAKI'AST.
I'rled Hominy, Nacon,
loust, Coffee.
l.UNCII.
Deviled Keirn. i.VntiM, -iv......
Halted App:es with Whlnned
ic". Hpongo Cake.
U INN Kit.
Beef a In .Mode.
Creamed Carrots, Potatoes,
Succotash,
Waldorf Salad,
Custard I'ie, Coffee.
I'KIDAY..
KKHAKRAST.
Cereal with Cream.
Scrambled Kkbm with Cheese,
lllco Croquette,
Coffee, Toasted Jlullltis.
l.i'Ncn.
Oyster I'le,
Swiss Cheeso Snnd wlolies.
Teach Marmalade, Chocolate Kclalro,
DINNHH.
Cream ot Corn.
Haked Lake Trout. ICirtr Shupp.
lircnded Tomuloes, Hulled Potatoes.
Kiullvu Salad,
Tapioca Cream, Coffee,
SATURDAY,
HKJJAKFAST.
Cereal with Cream,
S.iusaBc,
Iluckwheat Cakes. JIuplc Syrup,
Colfee.
LUNCH.
Creamed Sweetbreads.
Potatoes au Oratln,
Oraiigu Marmalade Sandwiches,
Chocolate.
D1NNKH.
Puree of Puas,
Ilolled I.eR of Mutton, Caper Sauce,
Uuked Potatoes. Parsnips,
Jellied Tomato Salad,
Queen of l'uddhiKS. Coffee.
SUNDAY.
imHAKb'AST.
Cereal and Cream.
Codfish Hulls. Corn Fritters,
Huttered Toast, Coffee.
DINNKK.
Mock Turtlo Soup,
Hoast l.amb, Hrowned Potatoes,
Salsify, Hudlshes,
AspariiBUH Sulud, Cider Jelly.
Coffee.
SUPPKIt.
Lobster a la Nuwburg,
Anchovy Cnuapls, Celery,
Fruit Cuke, Tea,
Preserved Pineapple.
Senminnlili- l.iini'benii Sitlnd.
Thoso who during tlio warm months do-
llgbtcd In crisp, succulent salads at their
midday meal aro loth to relegate, their
fnvorlto tllsli to tho courso at dinner during
tho long winter months. Nor Is there nny
good reason why they Bhould not lunch off
theso varied nnd dainty mixtures at nil
8easous of the year. Thero are, In fact, n
number of snlnds which nro sultablo for
cold weather luncheons.
It has been supposed that salads woro
only salads when made with green vego-
V"My combination with other
things nnd necessarily served very cold
Lately somo ono has suggested hot salads
which wero considered ns the "dernier crl"
and nn entirely novel combination. How
ever, the Dutch in old New York, and per
haps beforo that in Holland, served a hot
salad. Tlio modern version of this salad is
ub follow b: Cut six hot boiled potatoes
vmt
contains more digestible
tea. For lireakfast, Luncheon, or Supper, it is unequalled.
Sold at all crocerynoret order it ntxt lime.
EDUCATE YOUR BOWELS
Don't neglect the slightest sign of irregularity but
see that you have at least one natural, easy movement
a day. Pills, salts and black draughts arc dangerous
because they strain and weaken the bowels. What
you want is a mild but sure tonic laxative, that tones and
strengthens the bowels and stimulates their movements.
Such a laxative is CASCARETS, and when you
try them, you will find that it is the easiest thing in
the world to make and keep your bowels clean and
regular, strong and healthy. Sample box JOc, Month's
treatment 50c. By keeping the bowels clean, all serious
disorders arc
PREVENTED
LIVER TONIC
JEiiraHiiin
GUARANTEED
similar mrdlelna In
trrnt tunrlt, nnd nor
dnit't move recti-
will H1 1. ! Ait r. I
........n,j.,t. ti.
r refnudrd. Uo
inneat trial.
rutr, fmiir.t trlMl.
not nll.neil, after ii.tinr ono fffte toi. return thn unii.ednor,
hox and the empty I. urn to u. by mall, or Hie druigl.t rroni
wham yon i.ilrcn.ed It. Hint e your Manor back for both
bote.. '1'aV.e our ndrlce- nn matter n hat all. you .tart to
day. Health will quickly follow and you wlllTjIe.. Ilia day
you nr.ttnrtedthcn.enrt'ANUAlOVl'ft. .Hook fr.rl.y nialf.
IddrfHI bTKUMMl lltMKlIt CO., MEW 011K or IIIHAUO.
Into one-halt Inch dice, fry slightly, but
not lo a crisp; four thin slices of bacon.
Cut the bacon luto small pieces nud mix
them with tlio potnto dice; mid nlso threo
small cucumber pickles cut Into dice; sen
son with pepper nnd mix thoroughly. Stirvu
on endive leaves nnd pour over tho wholo
a hot dressing mndo of tlio melted bacon
fat niado qulto sour with vinegar. It seems
qulto probable thnt the settlers of Now
Amsterdam would bo unnblu to recognize
this modern version, but without doubt
thoy would rippreclnto the dlsb, ns they
were ever known ns lovers of good cookery.
A snlad uhlch seems well lilted for a
winter luncheon tilth Is a Creole salad,
which Is prepared In this way: Hull ono
nnd ono-hnlf cups of rlco In salted water;
drain well nnd season with salt, whlto
pepper uud cayenne. Cut three green pep
pers nnd three boiled beets Into dice nbout
thu size of the rice grulns. Chop one onion
very flno nnd ndd with the peppers
nud beets to the rice; mix and
season with three teaspoonfuls of vine
gar nnd six teaspoonfuls of oil. Chill thor
oughly and servo In green peppers from
which tho IdbIiIu pulp has been removed.
Pile tho salad high over tlio tops of the
peppers. The whlto rice, brilliant red ot
thn beets and the deep, rich green of tho
peppers make a charming color combina
tion. Tlio winter luncheon Is thu most sultnblo
plnco for tho heavier meat snlnds which
should not bo served lu hot weather nnd
nro too heavy for dinner salads. Served
here, a salad of this description may well
form tho plecq do resistance of tho meal.
They have, too, their economical side, for
left-overs may bn utilized. A salad mude
from cold pork chops or roast pork, com
bluod with celery, olives, lettuce and muj
nnnulso dressing, Is dollclous und Is some
times mistaken for chlckcu salad. Cold
veal may bo used In tho sumo way.
In small families tho roasted fowl some
times hnngs on for days, and after a fow
appearances thn members of tho family
nro npt to compnro It to tho phoenix, tho
bird of resurrection. This Is especially
truo of tho Christmas or Thanksgiving tur
key. One way of disguising this family
friend Is by making Into salad. Cold duck
makes an especially flno salad combined
with fruits.
Ono cup of cold duck meat cut Into small
cubes, ono orango cut Into small pieces,
with tho while part rejected, nnd ono npplo
cut Into dice. Doll one-half cup walnuts
for threo minutes In meat stock, to whlcli
has been added ono bay leaf, two allspice,
two cloves and two peppcrcorus. Drain
wulnuts, cut Into small pieces and mix
with tho other Ingredients. Squeeze ovor
nil the Julco of one-fourth of n lemon.
Servo on Icttuco leaves or young celery
tips. Onrnlsh with wnlnuts nud orango
sections after mixing salad with nioyou
nalso dressing.
Another hot salad may be made of potato,
nnd, If desired, may be made at tha table
In the clmllng dish. To muku this, ono
pint of boiled potato cubes are required,
Chop together one teiispnonful ench of
onion anil of pickled cucumbers or green
tomatoes. In the chaflug dish heal two
tiiblespoonfulB of butter or salAd oil, ndd
tho chopped onion and plcklo nnd cook until
tho onion Is of a light yellow color.
Sprinkle ono teaspoonful of salt and oue
snltspoonful of popper over tho potato
cubes. To tho pickle und onion lu tha dish
ndd n level teaspoonful of flour, cook a
minute, then add tho potatoes nnd toss
about until nil molsturn Is absorbed; then
add threo tablespuonfuls of vinegar und
two beaten eggs; mix well. Sprinkle wholo
with parsley, chopped lino, nnd cook tho
eggs quickly over tho hot water pan.
With theso salads grilled bread, bread or
cheeso sticks may bo served. Thin bread
and butter sandwiches aro good, or sand
wiches in ado piquant by tho addition of n
llttlo chopped Canton ginger and tho rich
syrup with it. Water crnckers, not tho
hard kind, spread with n layer of cream
cheese, nnd over that n layor of guara or
crnbnpplo Jelly, aro much ued with salads.
Olives stuffed with anchovies nnd put up
In oil or olives stuffed with sweet peppers
nro suitable snlad adjuncts. Caviar sand
wiches nro liked by many. Cheeso or an
chovy cnnnjlcs may bo served with lunch
con salads.
l.niikM llnil for tin- Sehoonpr.
NOItl'OLK, Vn , Fob. &. A terrific north
western storm Is raging from Capo Henry
to Cnpo Hntterns, tho wind averaging fifty
miles nn hour. A largo threo-inas'cd
sehoonor has been sighted ovor three miles
off tho Capo Henry hfo Bnvlng station, slg-
Cocoa
nourishment tiian the finest Uccf
wsmmmmmmmmmmmmmm
BY
NEVER
SOLD IN BULK.
TOt'VIir.l Fli-rn
thr tlf.t Ital nf I 'A I
nn mo
VNCAIC.
Kl'H nm oltl. ar tt 1.
uv?r atz mtlllun home n
.rnr. grratrr ttmn nny
tho world. Thli ! nlt.nlnte V' ooT r
belt tt.tlmmtlul. n ' fIU n
liny today, two ftllahnxe., Ip themn
nrr.ln.pte direction., nnd If yon nrn
rt iiu.uiuiru .-.
ind... two Alia Iioifi, ilintlirnii
prr (Initio direction., iind Ifjoit i nrei
nailing for nsststancc.
being blown uslinro.
It Is lu danger of
"My stemneh wns nftcctcd by grip nnd I
could cat nothing but crnrkcrs nnd milk.
I began taking Dr. Miles' Nervine nnd P.iln
Pills nnd iho trouble disappeared." Mm.
J. Llndjcy, MontroBo, Minn.
Ilenlly Tno Mini.
Detroit Freo Press: The fnlr young so
ciety womun wns lu nn ngltuted frame of
mind when sho returned from u shopping
expedition tho other day.
"Why, Dorothy, whnt In tho world is thu
matter?" usked her Indulgent husband, who
rend dial ress In her protty face.
"Oh. dear," she snld, her volco trem
bling with emotion. "I've lost tho receipt
for my iuav hat."
"Well," the husband replied, "II Is very
easy to go back to the store nnd get an
other receipt. I don't seo why you should
let n llttlo matter llko that worry you."
"It Isn't that," wns tho sobbing reply,
"but I'm nfrald that some one wo know
will find thnt receipt und learn how much I
paid for It."
What Shall We
Have for Dessert?
This question nrisps hi tho family
every day. Let us answer it to-day. Try
'9
n delicious and lioolthftil dcr.scrt. Pre
pared ill two in, miles. Noboihnrfi no
baking! ndd boiling water and set to
tool. Flavors: - Lemon. Orange, Kns
lorry and Strawberry. fJet a package
si your grocers to-day. vj cts.
Pure Food
4 None but Advertising of Thoroughly Re-
m name, i ore anu iicaumui roous win
1 Be Accepted for These Columns.
Women of tt finemtnt who rerjrj healthful
cooking as a paramount duty; good cooki,
leading clubi and hotel chefi, and cooking
authorities every here earnestly recommend
Wesson's Salad Oil as better value than
the most delicately flavored Imported Olive
Oil and costs very much less. Send for look
let, which contains eicepiloml recipes, by
I.tda Ames Willis, National Food Writer, Lee
turerand Demonstrator) Mrs S. T. Korer,
Principal Philadelphia Cooking School; A.
Manti, Steward and Manager Rittenhouse
Club, and other valuable information free,
Ask your friendly grocer for Wtsson'l Olli
and avoid unhealthtul cooking fats,
Granol
is used on the diet
tables of the Battle
Creek Sanitarium,
where lives would
pay the forfeit were
ordinary foods used.
located at Uattle Creek to take ad
vantage of the Sanitarium foods'
reputation.but the public is protect
ed as a picture of the Sanitarium Ap
pears on ench package of Cranola.
brink Cnrnmel Ccrcitl and sleep
well. Send 3 cents for Cranola
sample to
Battle Creek Sanita
riumFoodCo.
Battle Creek,
Mich.
0
&. a Ao-oAAAotn o a o
