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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 19, 1902)
THE OMAHA DAILY BEE: Fill DAY, SEPTEMHEK 19, 1002. a RAILROAD LAWYERS WISE ToluUry Bslisf Dipartnunt CsrtiEcaU Ban Widsw from Bsc?. OTHER DECISIONS OF SUPREME COURT Conmliiliiirr Poaad Hold Thai Nebraska Home Phoaltl Kaow Dc( ter Thaa to Spare at a. Handcar. (FYon. a Staff Correspondent.) LINCOLN, Bept. Is (Special.) The legal astuteness of the attorney who de vised the certificate I nurd to every member of the Burlington Voluntary Relief depart ment was vindicated today In a decision handed down by ' the supreme court, la which Its double Action character was sustained. The suit waa one brought by the widow of Oranvlllo Oyster, an engineer killed In a wreck near Oxford In 1W4. She sued as his administratrix tor-15,000 dam ages some years ago and secured a Judgment for the full amount. This was paid after long litigation. Oyster bad been a member of the re lief department and his certificate therein ran to his wife as beneficiary. In the suit against the company Itself Mrs. Oyster had not made herself a party, but prose cuted the action for the benefit of their minor children alone. After the money waa paid her as administratrix she brought an action to recover for herself from the relief department of the railroad company. This suit was very warmly defended by the railroad company, whose attorneys In sisted that It was only a clever dodge to collect twice from It for the killing of the aame man. To this It was answered that the other Judgment was for the benefit of the children alone, while this was for the widow alone. Every employe of the Burlington lu these departments where danger to llfo and limb Is, for all practical purposes, required to Join the relief department and contribute part of his wages to a common fund out of which all death claim and disability allowances are paid. If there la b deficit the company makes It good.. It la no part of a man's contract that ha Join this de partment, but all of them do as a mat ter of Job Insurance. A provision of the certificate la that If one accepts the benefits thereunder he cannot maintain a suit against the company for damages or It he sues the company he forfeits the right to receive anything upon the certificate. The aupreme court has previously held that these provisions are valid and en ferclble, but this rase presented some new features. The court, however, brushes side the points raised by Mrs. Oyster's attorneys snd decides In favor of the relief department. It aays that Mrs. Oyster can not take advantage of the fact that she omitted to name herself as one of the plaintiffs In the damage suit against the company. The law makes the widow and next of kin sharera In the ' proceeds or valla of that action, and the fact that aha omitted to name herself as a party plaintiff Individually Is not bar to her participating In the judgment secured, and that if she baa not received any of It she baa good cause of action against herself as administratrix for not doing so. . It holds that she must take the relief certifi cate with all of the conditions Imposed by It or not at all. It la also held that where the full penalty recoverable under the law has been Im posed upon railroad company for unlaw fully kllllng-an employs holding a relief certificate no action ran be maintained upon that certificate also. . Other Derisions of Oonrt. In the case af H. rt.. Meok against "Wil liam C. Lange, an appeal from Clay county, the court held that an executory contract for the sale of a farm homestead, to which the wife had not been a party, was Invalid, and the non-performance of It will not fur nish a baala upon which to recover damages for loss of a bargain. J. B. Brooks, district clerk of Pawnee county. Is the loser by $229 In the ease brought against him by Belle . Robertson. Mrs. Robertson held a second mortgage on some property In Pawnee county. The first mortgages foreclosed. Mrs. Robertson was made a party, but did not appear In tho suit. There waa a balance of $229 left after satisfying the first mortgage and coat a. This money waa paid over by the clerk to, the mortgagor. Mra. Robertson later appeared and claimed It, but the mortgagor was be yond the reach of an execution. The su preme court says that Mra. Robertson had clear right to the money, that the fact she did not appear foreclosed her of any right In the real estate, bufnot In the sur plus, and action to secure this could be maintained against the clerk. Horse Should Know Better. According to the decision of the supreme court In the damage ault brought by Moses Roberts of Johnson county against the Bur lington, a horse haa no business to get scared at railway handcar. He was In jured In a runaway at Graf some years ago. his team becoming frightened at the sud den appearance of a handcar from b?hlnd n elevator. Roberta secured a Judgment In the lower court, but the aupreme court reverses this as erroneous and holds the company blameless.- Commissioner Pound In bis opinion, said: The ordinary operation of a hamlrar Is one rf the incidents of a railroad, and horses must hecome used to such appli ances as to me many ntners with which .modern highway abound. -In this era of bicycles, automobiles, trolley cars, traction eniclnee and steam Are analnc we cannot take the nerves of the horse as the measure of rights In a highway. . I'nless there is something; so unusual arid out of the ordl nary about an appliance of this sort that In the proper and reasonable u?e of thor oughfares it has no place on road f re . quented by teams no liability arla from its ordinary operation, even though horses are rrigntenea. Maslelt Draws n Pardon. Oo vera or Savage exercised executive clemency today for the benefit of Fremont E. Muafelt and Kitty ' I). Musfelt. nee Clauta. Both had been aentenced to six months In the Rock county Jail at Bassett for austalning criminal relations, but prior to their Incarceration they were married. The conviction was In Judge Harrington's court. A delegation of Rock county cltl sens waited on the governor this after noon, with Bentcn Maret acd John J. Bad Blood Pimples, rashes, eczema, boils, headache, nervousness, debility these are some of the results of impure blood. Medical authorities agree that Impure blood can be made pure and rich. Your doctor will tell you about Ayer's Sarsaparilla. Bad blood follows constipation, and constipation follows a sluggish liver. Ayer's Pills are liver pills. They pro dues natural dally movements in s natural war. U seats. J. C AYEI CO., IswaU, Mass. Maher In charge, and pleaded Masfelt's cause. A petition with upward of 100 signers wss presented praying for clem ency. The pair have served one month of their sentences snd Governor Savage ad Judged that they had been sufficiently punished, accordingly Issuing the pardon. The fine of $100 fixed by the court, how ever, will stand. Sew Telephone Pleat at C'olaaavo. The Bell Telephone company Is to have some competition In Columbus. Today with the secretary of state were filed articles Incorporating the Platte County Independent Telephone company. O. T. Everett, T. J. Cuttlngham, C. J. Oarlow, J. O. Reeder, A. Anderson and Homer A. Hansen subscribe themselves as the In corporators. The capital stock Is fixed at $40,000. with $15,000 paid In before the commencement of operations. W. C. T. I. Incorporates. The Woman's Christian Temperance union of Omaha filed articles of Incorpora tion with the secretary of state. The ap plication provides that "the object of the association shall be tha promotion of the temporal, moral and religious welfare of destitute women and children, and the es tablishment, maintenance and conduct of an old people's home." The Cushman Motor company, a concern having for Its purpose the manufacture of gas engines, waa also Incorporated. Lin coln, is the place of business and Everett E. Cushman, Leslie 8. Cushman and Her bert W. Davis were the lncorporatora. Of the capital stock of $50. 000 half Is to be paid in. Mate Officers Off for Jaant. ' A party of state officials left the capital today for a brief excursion Into the In terior of the state, bent on business, poll tics and pleasure. Auditor Weston. Land Commissioner Kollmer. Secretary of State Marsh and Treasurer Steufer composed tho party. Today was spent In an Inspection of the Institute for the Feeble Minded at Beatrice, while In the evening the visitors mingled with the throng of merry-makers at the. Elks' carnival. Tomorrow and Saturday the officials will be' present at republican county conventions In Mlnden and Holdrege. Reform School In Good Han.-ta. The administration of Dr. Beghtol, for merly of Friend, as auperintendent of the Boys' Industrial school at Kearney Is warmly commended by Governor Savage. The executive returned today from a two days' Inspection of that Institution. He found It carefully conducted and scrup ulously clean. - Items Indicating the eco nomic tendencies of the management were pointed out by the governor, one of which was a saving of $500 In the coal bill for the three months ending September 1, com pared with the quarter ending June 1, al though the entire six months waa warm weather period and the comparison there fore perfectly fair. The food Is wholesome, the executive canvassing the situation quietly and conversing with the Inmates, none of whom complained of their fare. The roll shows 150 Inmates. The buildings at the institute, states the governor, sre badly In need of repair, but the fund Is exhausted and Superintendent Beghtol must await favorable action by tho next legislature before he can hope to put the place in shape. An appropriation for that purpose will be recommended by the governor in his message. ; ; Food Commission Permits. Coming under the provisions of the food commission law permits have been issued to the following parties by the food com missioner: Johnson A Qoodlett. w v Nlesmann A Co., C. Hansen, J. W. Daw son, Ths Boston Market, E. Johnson, J. Slosburg, H. Andreason and Fred Artn brust of Omaha, retail dealers in uncol- orea oieomargerme; T. A.W. Peters of Lincoln, retail dealer in uncolored oleo margrrine; R. Bingham A Son of Omaha; wholesale dealer in butter. Lincoln In Brief. ine residences of C. D. Baker, 1500 R street, and R. E. Hall, 228 South Twenty eighth street, were burglarized last night. ADout xioo worth of property waa secured. Tk. 1 1 . v 1 . uo iiuiiie uvc Deen unanie to and a trace of the man, who ia operating all by nimseir. Lincoln park, situated two miles south west of the city, waa sold todsy to 8. H Burnham and Alexander Bergers for $37 - 000. It comprises 100 acres and Is tha mn.t pretentious pleasuro grounds about the city. It was first opened twelve years ago, but ita projectors failed and the oroDertv baa for several years been 1ft the hands of tne mortgagee, the First National bank. Speaker Henderson telegraphed Chairman Llndsey today cancelling his engagements to speak in four of the congressional dls tricts of the state this fall. The republican county central committeo ro,et today and received reports from the various precincts of the county. Conserve tlve estimates were a majority of 2,500 for tne state ticket. The county campaign will ne opened in about ten days. HASTINGS' MAYOR IS SILENT Has Notblnsj for Publication on Maadamas Secured by Ministers. the HASTINGS. Neb.. Sept. 18. (Special Tel egram.! jaayor miles waa served with a writ of mandamus tbia morning which had been Issued yesterday afternoon at the In stance or Rev. Van Dyke Wight of the Presbyterian church. According to the writ the mayor bad but twenty-four hours in wnicn to close the gambling houses. When Mayer Miles was seen tonight and asked If be had taken any action upon the matter he aald that he had placed the matter with City Attorney Button and had nothing to say for publication. An evening paper, In commenting upon the action taken by the ministers of Heatings, gives them a severe drubbing and closea by charging the minis ters of this city with living in rented houses snd that their combined asseieed valuation doea hardly reach' the tax sum of $15.99. The war that the ministers of this city have atarted Is causing many sen sational stories to be sent afloat. Open ( aiupalaa In Otoe. DUNBAR. Neb., Sept.. 11 (Special.) ine republican campaign of Otoe county was opened in Review hall last evening by Congressmsn Burked. Judge 8purlock of Plattsmouth and the county nomineea be fore a large and enthusiastic audience. R. W. W. Jones, a fellow townsman and can didate for representative, made the open ing speech of the evening. His speech. while brief, waa full of sound republican doctrine and waa well received by the large auaicnce present. The principal speech of me evening waa given by Mr. Burkett and It waa characterised by bis usual logic and eloquence. Richardson County Seminations. FALLS. CITY. Neb.. 8ept. 18. (Special Telegram.) The republican county conven tion met here today and nominated F. E. Martin of Falls City for county attorney. W. H. Hogrefe of Stella. Cass Jones of Rulo and H. 8. Bclden of Dawson for rep- leeentatlvee and Dr. George Reneker for coroner. G. J. Cook waa choaen chairman of tho county central committee, B. Tucker haviug rcalgned. Manias; Case Dismissed. BEATRICE. Neb.. Sept. 18. (Special Tel gram.) The fo.000 damage- suit of Mrs. Jasper Byers sgalnst John Plaar aad others. saloonlat of ymore, waa dismissed in dis trict, court by stipulation. BLOCK FARMERS' ELEVATOR Qra.it Dealers tad Kailroad that it Out of Trackage Privileges, MAY HAUL GRAIN TO OTHER LINES OF ROAD farmers Xear Benedict Is Is Arms Asjalnat What They Consider Is fair Action of Road nnd Grain Dealers. BENEDICT, Neb., 8ept. 18. (Special.) It la eatlmated that from 75.000 to 150.000 bushels, and perhaps more, of grain will be hauled away from Benedict and shipped over the Fremont, Elkhorn & Missouri Valley railroad at York and Thayer, anfr the Cnlon Pacific railroad at Stromsburg. There are 250 Indignant well-to-do farmers. who, unless the B. A M. railroad grants right-of-way privileges threaten to boycott the grain dealers at Benedict, and as the facts are becoming known the threatened boycott may be a sympathetic boycott over the entire northern part of York county. which would mean that thousands upon thousands of bushels of York county grain In B. A M. territory would be shipped over competing lines, which Is all due to a supposed grievance against the B. A M. railroad and Benedict elevator men, whom they believe used unfair meana to prevent the locating of an Independent farmers' elevator at Benedict, and appeal through The Bee for equal rights and a fair show. Nearly 250 farmers living In north York county formed an Independent elevator organization and liberally subscribed for the capital stock. At the time there were three elevator bulldlnga In Benedict. Two were owned by one man. The Independent people tried to buy the elevator bouse that had only been used principally as a storage house. The price asked appeared prohibi tive, although since 'a sale Is reported to have been made to a member of the York County Elevator association. Refused I. rose of Ground. Delegations representing the Independent elevator met railroad officials at Benedict and at different times visited officials at Lincoln and asked to lease ground enough for nn elevator site on the right-of-way and were repeatedly turned down. Alongside the right-of-way ground they wished to lease and were refused was a buslflesa tot which they purchased and had about commenced to build an elevator building. This building would have been eighty-five feet from the track and the farmers expected to run spout across from the elevator to the track, which they could have done had not the B. A M. rail road caused to have built or leased to grain dealers of Benedict the right-of-way be tween Its tracks and the farmera" 'ele vator on which they built large coal houses completely shutting off the farmera" In dependent elevator company from spouting grain to its tracks. Tho grain dealers association seems to have great Influence and Is doing everything It can to prevent the building of the farmers' Independent elevator. If tbey cannot get location at Benedict there will be a movement to nef n elevator at York, where there are compet ing lines, and if located at York It would affect the prlcea paid' for grain all over York county. QJJfJQ READY FOR ELECTION County Conventions Tnroucnout tne State Bust Nomination; Tickets. WAYNE, Neb., Sept. 18. (Special Tele gram.) At the republican representative convention of the Seventeenth district, com prising the counties of Wsyne and Stanton, held here this afternoon, A. A. Keeney of Stanton waa elected chairman and J. W. Alter of Wayne secretary. David Cunning ham, one of Wayne county's most success ful farmers and stock dealers and highly respected citizen, waa nominated for re pre- sentatlve. He will undoubtedly be elected. Hall County Fuslonlsts. WOOD RIVER, Neb., Sept. 18. (Special Telegram.) The fusion conventions of Hall county, held in this city today, were well attended and fusion was easily effected, the democrats, upon the appointment of con ference committeea. by both sides being given one representative and the county at torney and ths populists being given one representative. William Thompaon, the present Incumbent, was chosen by the pop ulists for representative with but little op position. William O'Connor was nominated for county attorney with no opposition and Lee Huff for representative by the demo crats also with Utile opposition. Resolu tions were adopted by the populists recom mending the candidacy of Hon. W. H. Thompson for governor and A. C. Shallen berger for congress. H. W. Rlsley was chosen chairman of the democratic con vention and E. E. Brifleld of the populist. Republicans Name Korrla. HUMBOLDT. Neb.. 8ept. 18. (Special.) The republicans of ths First senatorial dis trict held their convention In this city and delegatea from Richardson and Pawnee county were on band. The deliberations were presided over by Mayor. Nlma of Humboldt; while W.' M. Johnston of Pawnee waa secretary. There waa little strife over the nomination, it being generally conceded that the place should go to Pawnee county'a choice. The delegatea from that county united and pre sented the name of Charles I. Norrla of Table Rock, whose selection was thereupon made by acclamation. A senatorial com mittee consisting of Cleaver of Richardaon and Moss of Pawnee waa choaen and em powered to fill vacancies ahould any occur, Mr. Norrls Is a native of Nebraska, hav ing been born In Falla City about 1860 and moving ahortly thereafter with hla parents to Table Rock, where he has alnce resided being at preaent engaged In the mercan tile business with his father. Major C. H Norrla, who waa at one time a member of the legislature. Republicans generally con aider the nomination a strong one, aad In dlcatlona are that he will be choaen to rep resent this district during the coming ses slon of the legislature. TABLE ROCK. Neb., Sept: 18 (Special ) The newa of the nomination of C. I. Norrla of this place for senstor of this sanatoria! district, at the republican senatorial con vention held at Humboldt, waa received with much enthusiasm, aa Charlie bat lived here nearly all hla life, having been born forty-two years since at Falls City, from which place bla father, Hon. C. H Norrla, removed here In 1869. His election is freely predicted. Populists Nominate Repreaeatat I ve BUR WELL, Neb., Sept. 18. (Special.) At ths representative convention of the pop ullst psrty held here W. P. Thorp of Loup county waa nominated. The attendance was very small. Republican Ticket In Seward. SEWARD, Neb.. Sept. 18. (Special Tele gram. ) The republican convention met. to day with a large attendance and nominated the following ticket: Representatives, 8. 8. At wood snd John McLaln; county attor ney, R. P. Anderson; county Judge, A. W. Barrett; surveyor, W. L. Walker. The del egates to the senatorial convention to be held st I'lysaes, on September 26. are as follows: William Knight, it. H. Smith. A O. Coleman, J. P. Cowln. Henry Campbell James Sheeley, C. A. Fetterman. Dr. F. M Andrus. S. Atwood, J. H. Wright, N. O, Tlngsted. J. F. Newell. Charles Wertman. Dr. O. W. Brandon. Edward Norton. T. H. Bishop, R. T. Cooper and M. E. Sherry. TEMPERANCE IS THE TOPIC Interesting Sessions at the Annual Methodist Conference at Wy more. WYMORE, Neb., Sept. 18 (Special Tele gram.) The session of the Methodist con ference was opened by Mr. and Mrs. Bev rrldge, the tempersnce lecturers snd sing ers, who have done much good for the cause. Their song service and lecture waa much enjoyed by the large audience. Rev. Charles A. Crane, D. D., of Boston was on the program for the temperance anniversary sermon, but he was unable to be present and the pulpit waa filled by Rev. Baldwin of Falrbury and Rev. Shepard of Nebraska City. Both are able speakers and their ad dresses were of much Interest. Rev. Henry O. Ostrom held the evangel istic meeting this afternoon and the sub ject of prayer was most earnestly discussed. A crowded house greeted Rev. Homer C. Stunts this evening and he preached a grand sermon. He haa labored long as a missionary among the Filipinos and hla graphic description of the Judicial and moral lawa of this country was educating. Great good Is being done In religious cir cles and 1,600 natives are already members of the Methodist Episisjpal church and twenty-seven ministers proclaim the gospel In the native tongue. Wipes Out Old fame. FREMONT. Neb., Sept. 18. (Special. ) The county board yesterday passed a res olution cancelling all unpaid taxes on re alty prior to 1880. The most of those can celled were for the years 1865 to 1869, and It Is believed that they were paid when due. The occupant of the county treas urer's office during that time was not an expert at figures and hla books when checked up were not In very good shape. The committee. It is said, found that he had more money on hand than his books called for and informed him that he had evidently got his own money mixed with that of the county and that $2,000 of the balance on hand belonged to him. He told thecomnilttee that the amount on band was correct, that it was county money, but that he did not know to whom it ahould be credited. He was very emphatic In his statementa in regard to the- situation and the board turned the money Into the gen eral fund. 'Tax titles not being very popu lar Investments in those daya these taxes were overlooked and nothing done about them until this summer. Elks Are on Parade. BEATRICE4. Neb., Sept. 18. (Special Tel egram.) Today was Elks' day at the big carnival. The Elks' lodge of this city headed by the Second Regiment band, which waa followed by the members of the Op penhetmer shows in carriages, made a rJkrade through the principal streets at 1 p. m. A kangaroo court Is In session on the grounds and many visitors are pulled up and fined all the way from 10 centa to $3. The attendance was very large this afternoon. Tomorrow occurs the grand flower parade. Politics ulet at Geneva. GENEVA, Neb., Sept. 18. (Special.) Pol Itlcs in. this county are very qulet.and.tb.fi convention to be held next Monday prom ises to be very tame affair. - While there are tnree candidates for the office of county I HllUIUOJT, il UUIl DftlSUJ ID IUV HUIJ appears to have any following. Robert J. Sloan will In all probability v receive the nomination for state senator; I ithout oppo sition. The Youngers-Sloano i ntest of last spring Is not entering lntf Joe campaign hi. r. ii "w Henahaw at Blue Springs. BEATRICE, Neb., Sept. 18. (Special.) Hon. E. H. Htnshaw, republican candidate for congress from this district, will ad dress the old settlers' picnic at Barneston Wednesday, September 24, at 3:30 p. m. He will also make a political speech at Blue I Springs on the aame evening at 7:30. This wni be Mr. Hlnahaw's first political speech of the csmpalgn, and he will In all proba bility be given an ovation at both towns. . Removes to Minneapolis. GENEVA, Neb., Sept. 18. (Special.) H. C. Bruner and family left here yesterday for their new location at Minneapolis. Mr. Bruner opened a real estate office here twelve years ago and became one of the moat prominent dealers In this part of the atate and will be greatly missed in busi ness, social and political circles. FAIR AND WARMER FRIDAY Saturday Partly Cloudy, Perhaps, with Showers and Cooler In North west Nebraska. WASHINGTON, Bept. 18 Forecast : For Nebraska Fair and warmer Friday; Saturday partly cloudy and probably show- era and cooler In northwest- portion. For Kansas Fair and warmer Friday; Saturday fair. For Montana Partly cloudy Friday and probably ahowers and cooler in west por tion; Saturday fair in west, sbowera and cooler in east portion. For Mlrsourl and Iowa Fair and warmer Friday; Saturday fair. For North and South Dakota Fair Fri day and warmer In south snd east por tions; Ssturday probably showers ana cooler. For Colorado Partly cloudy Friday and Saturday; warmer Friday in east portion. For Wyoming Partly cloudy and warmer Friday; Saturday fair. Local Record. OFFICE OF THE WKATHFAt Bl'REAU, OMAHA. Bept. 18. Official record of tem perature and precipitation compared wun the corresponding day of the paat three years: 19tt. 1901. 10. 1899. Maximum temperature.... 67 65 71 Minimum temperature.... i a tti Mean temperature 54 44 59 M Precipitation -00 .15 .00 Hrord of temDerature and precipitation at Omaha for this day and since March 1. Normal temperature 65 Deficiency for tne day li Total excess since March 1 Si Normal precipitation 10 Incu Ieflclency for the day 10 Inch Total rainfall alnce March 1 22.22 Inches Deficiency since March 1 z. la inches Deficiency for cor. period lul.... 7.05 Inchrs Deficiency for cor. period 19u0.... 2.10 Inches Reports from stations at T P. at. :3 CONDITION OF THM WEATHER. : S ': I mt Omaha, clear 63 61' 62 6 ti 70 (in 72 l. "I 6 6'.'l 721 6H H .no .00 .00 Valentine, clear North Platte, clear 70 sl 74 82 661 7l 56! ' 62 61 "I 72. (W 701 Cheyenne, part cloudy Salt Lake City, cloudy T Hapld City, part cloudy .no .no .() Huron, clear Wllllston. clear IX'hlcago, part cloudy .no St. 1-outs, raining St. Paul, clear. .o .Oil .00 Davenport, clear Kansaa City, clear Havre, part cloudy Helena, clear Bismarck, clear .00 .01 .00 Galveston, cloudy .00 T indicates trace of precipitation. I. A WtMJM Ical Forecast Official. SHERIFF HEADS OFF A MOB Heigsafind Spiritsd Oat sf Tows Before ths Crtwd Roaches Wintide. SUPPOSED TO BE HEADED FOR LINCOLN People In Vicinity of Wlnslde Were Counted on to Assist In Lynch ing the Double Murderer. WINSIDE, Neb.. Sept. 18 (Special Tele gram..) At 1:30 this afternoon word was received from reliable authority at Tierce that a mob of town people and many from the country, thoroughly organixed, was lesvlng Pierce Intending to lynch Neigen flnd. By prompt action on tho part of Sheriff Jones of Pierce county be was taken out of town upon the 1:40 train. His destina tion waa kept a secret, but it is presumed ue Is taking hla man to Lincoln for safe keeping. The mob claimed they had a promise of assistance by fifty men from near Wlnside. There Is considerable feeling In regard to such a course when the people remember the Rash case here a few years sgo, when a murderer was turned loose on the Insan ity dodge. The mob from Pierce failed to material ize and at S o'clock tonight everything Is quiet. Nlegenflnd has been taken to Lin coln for aafe keeping. riERCE. Neb., Sept. 18. (Special Tele gram.) It waa learned here this afternoon that Nlegenflnd, the murderer, had been taken to Blair. There had been threats of lynching and the Pierce county authorities thought it best to have him taken away from Wlnside until the excitement passed over. Judge Boyd of Neligh has sent word that he will be here September 29 to try tho case and that the Jury will be summoned. NclBcnflnd Is nt Rlnlr. BLAIR, Neb., Sept. 18 (Special Tele gram.) Gottlieb Neigenfind, the Pierce county murderer, who killed bis former wife, her father and wounded her mother, and later assaulted her sister, and who was captured at Wlnslie yesterday at 5 o'clock, lies pn a cot In the corridor of the county Jail In Blair tonlpht. Sheriff B. M. Jone of Pierce county, with Special Deputy H. C. Miller, brought Neigenfind nere tonight from Winslde, arriving on the 8 o'clock train from the north. Sheriff Jones had telephoned Sheriff Mencke early In the evening and he was taken Immediately to the Jail and so quietly that but a few are aware tonight that the Pierce county murderer la here. He was given a aupper of toast, poached eggs and coffee, which he ate with a relish. Dr. Langstaff was summoned and dressed his wounds, which consist of one twenty-two-callbre bullet through the flesh of the left thigh, one of the same size through his left arm and a number of shot In his left arm and upper part of his body. His face end one side of his bead has about a dozen shot wounds and one In the upper lid of his right eye. Dr. Langstaff said tonight that he bad no serious wound and when seen at 12 o'clock tonight he was resting easily and would turn himself resdily from one side to the other. He has some fever, but otherwise feels, (airly good, except the. soreness from his wounds. He talka freely, especially when conversed with In German. Ho told Sheriff Mencke tonight that he did not want to die, but be guessed the Jig was up. Sheriff Jones says the prisoner was badly scared last night and today, until be was well away from the scene of the terrible tragedy. Kvades Answering- (tnestlons. When Sheriff Mencke talked with him tonight of the shooting be waa asked about the assault on the young woman. He said quickly: "I did not shoot at her," thua evading the subject why he bad assaulted her. To all appearances Neigenfind cculd get up and make a first-class break for lib erty yet, as he titles bis legs well In mov ing the cover around. Sheriff Jones did not have any Irons on him, and when asked If be was afraid of him trying to get away, he said: "I guess not tonight. He has only a shirt on aul would . freese -out." , Neigenflud. has his hair cut close and about two weeks' growth of beard on his face. He said that be bad meant to save one bullet for himself, but did not know he had used the last one until too late. The officers say that only the report that he was dead saved him from the hands of the Infuriated cltlzena and that tbey hur ried him away for fear of a lynching ben tonight, as they think there surely would have been one had they kept him at Win slde or taken bim to Pierce. The murderer has two sisters and two brothers residing In Pierce county snd a father living In Wisconsin. At no time while being moved or when having his wounds dressed haa the murderer let a groan or complaint escape him, and occa sionally lets a smile creep over his face, when conversing as he did tonight or when talking of the way his captors kept shoot ing at him until he dropped down. The officers will leave for Lincoln on the westbound train tomorrow morning with their prisoner for safe keeping until he la able to atand trial and will be accompanied there by Sheriff Mencke of this county. West Point Dranery la Session. WEST POINT, Neb., Sept. 18. (Special.) The regular seml-snnual conference of the clergy of the West Point deanery la now in session In this city. Numerous priests from all parts ot the district sre in attendance. Important matters concerning church government are being discussed. The convocation Is being held in the parochial house under the presidency of the dean, Veiy Rev. Joseph Ruesing. Fire Destroys Thrrahln OntBt. BEATRICE, Neb.. Sept. 18. (Special.) A threshing outfit belonging to W. H. Ruyle, who resides a short distance east of thla city, waa completely destroyed by fire. Including several atacks of grain. Sparks from the engine caused the fire. The loss will aggregate fully $500. W. C. T. 1. nt Beatrice. BEATRICE. Neb., Sept. 18. (Special.) The state convention of the Woman's Chris tian Temperance union will convene In this city next Tuesday, September 23, for a three daya' session. Rain ai Beatrice. BEATRICE, Neb., Sept. 18 (Special.) A fine rain visited this section yesterday. The weather of the past few days has been warm and corn haa matured rapidly. Valuable BEATRICE. Farm Cnuna;rs Hands. Neb.. Sept. 18 (Special.) The Major Wllllama farm of 160 acres sold yesterday to Peter Claussen for - $55 per acre. BLOW UP BARNES' BEDROOM Enemies of l.acoa Attorney Try to Murder with a krg of Powder. T LACON. 111.. Sept. 18 An attempt was made today to murder R. M- Barnes, well-known attorney. A twenty-five pound can of powder was set under his bedroom snd exploded by means of a alow fuas. There waa a tervlflc explosion, but Mr. Barnes escsped uninjured. He has of fared a reward of $259 for ths apprehen loa of tbs guilt ones. i Lessen Laundry Labors by using own i I! T7 o -fl I Aftrs-ti n try, it r the 1JL JL JLVLV ISoap &2EggQ23EDBBSBaSS&SBS&BsSSSS at at 4"SB REPORT TO THE COMPTROLLER OF THE CURRENCY OF United States National Bank of Omaha At Omaha in the State tf Nebraska, Sept. 15th, 1902. RESOURCES. Loans $2,827,713.2? Real Estate 100.00 100.00 100.00 100.00 60,000.00 Stock, Securities, etc . ... Premiums , Furniture and Fixtures . V. S. Bonds (circulation).. Cash $463,242.56 U. S. Bonds.. 100.000.00 Exchange ... 925,816,43 1,489,058.9!) $4,367,172 26 M. T. BARLOW. President. C. W. HAMILTON, Vice-President. FIRM CRIP SAVES HIS LIFE Van Snipsnded in Air Ona Hnndrsd Ftet High TwantT Miautes. EXPERIENCE OF CHICAGO GRAIN DEALER lianas Between Life and Denth to a (kite In nn Elevator Intlt He Is Heleaaed and Then Loses Consciousness. CHICAGO, Sept. 18. Suspended only by his hands, McNaughton Wright, a promi nent memDer of tne board ot 'trade, huug between life and death for twenty minutes at the top of a grain chute In the Rock Island elerator. " : ' When rescued Mr. Wright was exhausted and on the point of releasing his hold, which would have meant a fall of 100 feet to the hard floor of an empty bin, ana almost certain death. He had entered the elevator to Inspect some wheat. . Making a mtstep, he fell Into the chute, but succeeded in clutch ing the edge and banging by bis bands. Mr. Wright's calls for' belp were finally heard by an employe, who' pulled him out. He fainted then and was- unconscious for nearly an hour, so great had been the strain. M'LEAN IN CHARGE OF ROAD Commander of Cincinnati Determined to See thnt Transit Across Isthmus Is Unobstructed. WASHINGTON, Sept. 18. Secretary of the Navy Moody received the following dispatch today from Commander McLean of Cincin nati: COLON (blank date. Train for Panama went through with Cincinnati's guard of riflemen and rapid fire (tun. Freight train coming toward Colon stopped by soldiers at sides of track continuously pointing loaded muskets at engineer and train hands, demanding opening of locked box cars for Inspection; conductor no key; could not. Went to find some responsible officer; also sent man to flag following passenger train. Menace removed, cam In with pas senger train. , Will vigorously protect life and liberty American and other peaceable employee and maintain unobstructed transit. Have Instructed Hanger assist this duty. A cablegram waa received at the Colom bian legation today from Governor Salazar of the department of Panama regarding the rslkoad situation on the Isthmus. It said there waa no Interruption of traffic over the railroad and that arrangements have been made with the railroad company to Inspect their trains as they approach Colon and Panama, tbla step being taken to avoid any surreptitious approach of the revolu tionists to either of those cities, ss hap pened once before In the case ot Colon. The governor expressed tbs opinion that the American guards placed on the trains by the command of the naval officers were not necessary. At the legation the officers ssy that the situation la more promising than for aome time, as with the gradual addition of rein forcements of Colombian troops the danger of an attack by the revolutionists becomes leas prcbable than before. A cablegram received In private sources here today aaya that a naval battle be- ween the Venezuelan government troops snd the revolutionists Is reported to have occurred off San Felix on the Orinoco, The cablegram aald that the government ves sels bad been defeated and that the Vene zuelan government, because of the defeat, to the retention in the system of which find their way into the blood, and are lorced by the circulation mrouxn the glands and pores of the skin, causing it to burn like fire, nnd the incessant itching allows no resi nigm or uay. zcina ajjiJiui m great maiy different forms, beginning frequently as a mere redness of the skin, followed by little blisters, pustules or pimples, from which a clear or Straw colored piaucr oozes, lonnin into f f D FitrJ sores, scales or scabs; thia is wctping JJ-lMmM r.nKmMmM Eczema commonly called vSalt Rheum. These acid poisons sometimes dry up the natural oils and the skin becomes hard and dry, often cracking and bleeding and causing intense pain and fear out upon the face, neck and shoulders as a result of polluted blood, and this htnniliatino;, stubborn disease is called Acne. Local remedies afford but scant relief. The blood and system are saturated with J PJ the poison, and the disease cannot be reached with washes, " aw eahes, powders or any local application to the affected parts. S. S. 5. restores tlie deteriorated blood to its normal Condition, stimulates the sluggish organs, and all the waste matter is eliminated through the proper channels. S. S. S. makes the blood rich and strong, anrl utider ita tnnif and invigorating effects the central health improves, the congested glands and pores are opened, and the skin becomes soft and smooth again. S. S. S. is guaranteed purely vegetable. Write us if you need medical advice; this will cost you nothing. Illus trated book on skin dissjases sent free. THE &WIFT SPECIFIC CO., Atlanta, Gl Tr- cleans most delicate fabrics but never injures Made by Swift 4 Company THE LIABILITIES. Capital Stock ...$ 4W.oon.oo Surplua 100,000.00 Undivided Profits lO.ss.l.fiS Circulation 60.non.no Deposits S,Sn,33R.67 $4,367,172 2 V. B. CALDWELL. Cashier. W. E. RHOADES. Ass't Cashier. was unable to establish and maintain an effective blockade of the Orinoco. COLON, Colombia, Sept. 18. United States blue Jackets, with a small qulck-flrlng gun from the cruiser Cincinnati continue to ac company each passenger and freight train across the Isthmus, notwithstanding the proteats against such measures which tho Colombian government has lodged with Os car Malmros, the United States consul here. WILL DIE IN LAST DITCH President Castro with Only n Rem nant nt Men Murches Asjalnat the Revolutionist. WILLEMSTAD, Island of Curacoa, Sept. 18. rrvilJoct Castro of Venezuela, enne!'! erlng that the situation of General Gar rldo. hie war minister, Is eminently critical at Valencia, has marched to afoslut blm with 3.000 men. The president crossed Los Teques river Wednesday. The same day he commenced his march to Valencia. His army Is carry ing many sick with them. According to report President Castro will attack the revolutionary army under Gen eral Mendoza at Tocuylto. General Matns, the revolutionary leader, is still at Orituco. TO JOIN THE INSURGENTS Former Officer of the Volunteer Will Link Ills Fortunes with the Rebels In Colombln. ST. LOUIS, Sept. IS. Captain .Berthold Ladd, member ot a well known St. Loula family and commander of Company E, Sixth Missouri volunteers during the greater part ' of the Cuban commission, will go to Co lombia to Join the insurgent forces under General Herrera. Captain Ladd has gone to Now Orleans, enroute to Colombia, where. It la said, a large number of Americans have already Joined both armies. ASSOCIATED PRESS ELECTS Chooses Former Executives nnd Most of the Old Board of Dl. rectors. NEW YORK. Sept. 18. At the annual meeting ot the Associated Press the follow. Ing were elected as board of directors for, the ensuing year: Whltelaw Reid, New York Tribune; W. L. McLean. Philadelphia Bulletin; George Thompaon, St. Paul Dla tach; William D. Brlcket, Columbus 0.) Evening Dispatch; Charles II. Grasty, Balti more Evening News; Stephen O'Maara, Boston Journal; Harvey W. Scott. Portland Oregonlan; Thomas G. Rapier, New Orleans Plrayune; Herman Rldder, New Yt.rk Staata Zeltung; Victor F. Lawson, Chicago Dally News; Albert J. Barr, Pittsburg Post; Clark Howell, Atlanta Constitution; Charles W. Knapp, St. Louis Republic; Frank B. Nnyet, Chicago Record-Herald; M. II. DeYoung,. San Francisco Chronicle. The following were elected members of the executive committee: Whltelaw Rold, Stephen O'Meara, Victor Lawson, Charge W. Knapp and Frank R. Noyes. The following officers were reelected by the board sf directors: President, Frank B. Noyea, Chicago Record-Herald; first vice president, Htfrace White, New York Even ing Post; aecond vice president, William R. Nelson, Kansaa City Star; secretary and general manager, Melville E. Stone; a mist. -ant secretary and assistant general mana ger. Charles 8. Dlehl; treasurer, Valentino P. 8nyder, New York cltf. Is not a simple rash or eruption, neither is it pro. duced by animal or vege table paraaites, but i9 Uue- Uric Acid or other inflammatory poisons ful itching, inis lorm oi lxzema is Known as icuer, and oftenest attacks the hands and feet. Unsightly eruntions in the shape of pimples and blackheads break
