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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 27, 1903)
THE OMAHA DAILY BEE: TUESDAY, JANUARY 27. 1003.
ENGAGE IX A BKBTAL FIGHT
Two Younj Men of Elk Creek Principal!
in tie Affair.
STRUGGLE LASTS FCR FORTY MINUTES
then They Arc Finally Parted liy
nectntor-i fne f Thrm Seise.
Rifle anil Almost nceecd
In Shooting Other.
TECVMSEH. Neb., Jan. 2.-(Bpw!aU- j
The attention of the officer here has been !
..11- ... . . -Kinfc .... '
pulled of Just on tho outskirts of the vll
lnre of Elk Creek a few days ago.
The principal to the 'encounter were
Charley Tucker and Elza Shurtlcfr, two
young men of the nclghVirhood.
It la said that bad blood baa existed be
tween the young men for some time, that
each Is a good man physically and that by
agreement, they reel nt the Cheney firm to
fight It out. Rome forty or fifty men and
boya. friends if th" principals, went to the
Scene of the fray to see the exhibition.
There as no. ring, no gloves and no
Queensberry rules. The men simply at ripped
themselves of the niort of their wearing
apparel arid at a given signal "waded In."
Fight for Forty Mlnnlrii,
The fight, which waa one of blood and
gore, lasted about forty minutes. At first
the men stood up to the line and engaged
In fisticuffs, but aa their atrcngth left them
they employed their feet and even their
teeth In their mad efforts at physical su
premacy. They wre encouraged In their efforts by
checra and yells from thp crowd. Finally,
exhausted and punished beyond endurance,
Shurtleff gave the signal of "enough."
When tho men were separated by mem
bers of the crowd Tucker had Shurtleff's
ear In his teeth and Shurtleff waa trying to
bite off one of Tucker's fingers. The men
were bloody from head to foot and tbelr
(aces were terribly beaten up.
Trneteily Barrly Averted.
It la ssld that after they had been parted
Tucker lost his head and grabbed a target
rifle from the back of a buggy and prob
ably would have done Shurtleff great In
jury had not active work on the part of ono
or two bystauders prevented him doing bo.
Them Las been no romplaint made to
the officers of t!ie affair and consequently
they have not taken any action In the mat
ter aa yet. Just what wilt be done has not
been made public.
Railroad Cloees afreet.
SUTTON, Neb.. Jan. 26. (Special.) The
B. M. has closed the widest, longest and
only driving street in the city. This was
done without any notlpe, and that too
where It has recognized the crossing by
providing and maintaining It without ob
jection for more than twenty-five yeara.
What arousea the citizens most Is the
fact that the city has but recently made
the railroad company a present of a nice,
wide street to make a connection with the
Kanaas City & Omaha road. The city coun
cil met In special session Saturday even
ing and paared a resolution condemning
the act In unqualified terms. It also In
structed the city marshal to notify the
railroad company to put back the crossing
and open the street for traffic within
forty-eight hours or tbo city would do It
at the company's expense.
Convict on Gambling? Charirea.
CHADRON, Neb., Jan. 26. (Special.)
The district court adjourned at 10 o'clock
Saturday night, having been In aeaslon for
two wc.ck. disponing -of the Indictments
found by the grand Jury at the December
lrm. Nineteen Indictments were found
agalnat gamblera and violators of tho
Flocuni law. The Juries In each of the
casca agalnat the liquor dealers dlaagreed
sr-d discharged, while the gamblera acd
ownera of slot machines were all con
victed and fined amounts from $15 to $75
each. Among other Interesting cases dis
posed of at this term waa the "Dad"
Lcomer case. In which he sues the city
for the sum of $2,000 for Injuries sustained
by running Into a bitching post on a dark
night laat summer. The Jury gave htm a
verdict for $12.50.
David City Man Become Inaane.
DAVID CITY. Neb.. Jan. 23. (Special.)
,'ohn H. Armstrong, a prominent citizen
ct David City, has been adjudged Insane
by tiin Board of Insanity and was taken
to Lincoln this morning by Sheriff West
and Policeman Taddlkcn. Mr. Armstrong
Is 43 years old and la In good financial
An! Oto Helton, Burninic anl
Instant Relief and Speedy
Dare Afforded by
Cnticura Soap, Ointmeiit and Pills
When All Else Fails.
COMPLETE TREATMENT, $1.00.
The agonizing Itching aud burning of
the skiu, as Id eczema; the frightful
scaling, as la psoriasis ; the loss of hair
and crusting of the scalp, as la scalled
head; the la'.'lul disfigurement, as la
pimples nod ringworm; the awful suf
fering of Infants aud the anxiety of
woru-out parents, as In milk crust, tet
ter and salt rheum, all demand a rem
edy of almost superhuman virtues to
successfully cope with them. That
Cuticura Soap, Ointment and rills art
such stands proven beyond all doubt.
No statement is made regarding them
thst Is not Just 1 lied by tbe strongest
evidence. Tho purity and sweetness,
the power to afford Immediate relief,
the certainty of speedy aud permanent
cure, the absolute safety and (Treat
ecouomy, have made them the standard
skin cures and humour remedies of the
, civilized world.
Bathe the affected parts with hot
-vater aud Cuticura Son p. to cleanse the
surface of crusts and scales aud soften
the thickened cuticle. Pry, without
hard rubbing, and apply Cuticura Olnfr.
nicnt freely, to allay lushing, Irritation
and Inflammation, and soothe and heal,
aud, lastly, la the severer I'orms, take
Cuticura "llrsolveut PUU to cool and
cleans the blood. A single set is often
sufficient to cure the most torturing,
disfiguring and humiliating skin, scalp
ami blood humours, with loss of hair,
w Leu ail viae falls.
circumstances He hud Just completed a
handsome residence and was taking life
essy. For soma little time his friends have
noticed that he was acting strangely at
tinea, and last Tburrday night, about 11
o'clock, he Jumped out of bed and ran
down town., and was seven blocks from
his home Then cti.ght He gradually grew
worse, until he waa taken to Lincoln.
FINDS MAN HANGING TO TREE
Unci Money In His Pocket, lint otli
Inat to larilcate III
NORFOLK. Neb., Jan. M.-iPpeclnl Tele.
Kram.l - rhls mcrnlng an unidentified man
was fourd hanging to a tree on the farm
of A. Hllle, two miles north of this city.
The body had evidently been banging
there some time. The position was such
as to appear like on standing. Mr. Hllle
! first saw the man there yesterday, but
thought It was some one out hunting. Thla
morning, seeing him atlll In the aame place.
Mr. Hllle went near enough to ascertain
that the man was dead, and came to town
and reported to the officers. A piece of
wire had been fastened around the neck
and over a limb of a tree and the man had
strangled hlmtielf by lifting hla feet from
the ground. The body was taken to the
undertaking rooms of Session ft Bcll'B to
In one pocket waa found $29-35 In cash,
and In annth?r some memoranda, made on
a piece of manlla wrapping paper, evi
dently notations of farm produce, taken to
some grieer, and cf some items bought.
Tho man was between fifty to alxty years
of age, had gray hair and whiskers, wore
a blue overcoat and was co.nfortably
ATTACK DOCTOR WITH SWORD
Maa of Medicine Proves Too Much of
an Athlete for Hla
MEMPHI3, Neb.. Jan. 26. (Special.)
About 12 o'clock Sunday evening, aa Dr.
t. H. Phillips was retiring for the night,
some man gained entrance to his room In
the lower story of Herman Harrison's ho
tel at this place and attempted to murder
him. Tbe would-be assassin attacked the
doctor v. i'Vi a aword In his left hand. Phil
lips threiv up his ban-Is and legs to ward
off the blow, and woe struck on tbe left
foot, the blade cutting tho left toe to tho
bone. The doctor, who was a college ath
lete, recovered his feet and dealt the as
sailant sn upper cut with bis fists, break
ing several bones in the right hand in do
ing ao, and pitching him through the win
dow to the ground below. The as-allanl
was badly cut, the blood spurting on the
window sill. The noise aroused the occu
pants of the hotel and scared the Intruder
away. Dr. Phillips has no clue to hla as
sailant's Identity, as the room was dark
and he could not see the man's face, and
he knows of n motive for the attack. He
will be able to resume his work In about
(nod Program for Farmers.
TECUMSEH, Neb., Jan. 26. (Special.)
Preparations for a big meeting are being
made when the twentieth annual Johnson
County Farmers' institute Is held In Te
cumseh. The dates are Thursday, Friday
and Saturday, February 5. 6 and 7. On the
program are such state-wide known people
aa Prof. D. P. Aahburn. H. W. Campbell,
ilss Bouton of the State university, L. C.
Burnett, Mr. Pherrln, Rev. C. II. Harrlion,
Hon. O. a Howe, Mrs. Nellie F. Burnett
and others. Of the local talent Rev. t: P.
Blakemore, Prof. C. N. Anderson, O. W.
DeMcnt, Al Russell, P. J. Turner, Miss
Angle Erwln, Mrs. Anna Apperson and oth
crs have been given toplca. Pi'.zes will be
given on corn and a fruit exhibit will be
Wilson Meek Maddox.
FALLS CITY. Neb., Jan. 26. (Special.)
Wilson Meek Maddox died at hla home In
thla city Saturday evening shortly before
10 o'clock In his 78th year. Mr. Maddox
claimed to be tb? first bona fide aettler In
the state of Nebraska.
Tbe deceaaed leaves a wife and six chil
dren, all of whom were with blm when
the end came.
He waa known and liked by everyone
In the community.
To Knjoln School Director.
BEATRICE. Neb.. Jan. 26. (Special.)
Action was brought In district court yes
terday by Hugh B. Smith, moderator of
school district No. 29, Rockford townr.hlp
to enjoin W. B. BlBhop, ono of the school
directors, from signing orders or acting as
director. The case will be tried at the
coming term of district court, and the out
come will be watched with interest by
residents of that vicinity.
Coert at Beatrice.
BEATRICE. Neb.. Jan. 26. (Special.)
There are 211 civil and five criminal cases
on the docket to be disposed of at the
coming term of district court which con
venea today. The criminal cases to be tried
are as follows: O'Brien, and Hall, charg
ed with attempting to rob the Clatonia
bank; John Herrod, horsa stealing; Rev.
8. P. Benbrook, shooting at Dr. Johnson
of Wymore with Intent to kill.
Call for Fall City Minister.
FALLS CITY, Neb.. Jan. 26 (Special.)
Rev. Elmer Ward Cole, psslor of the Chris
tian church here, fcas received a flattering
call from the church at Hutchison, Kan.
The reverence has not yet fully declared
whether or not he will accept. Sunday
closed a three-year pastorate of the church,
and he has many friends not confined to
bis own congregation who will regret los
Relief Corps to Hold Itaaaar.
BEATRICE, Neb.. Jan. 26. (Special.)
Pcv.ilns Woman'a Relief corps. No. 92. met
yesterday and arranged to hold a bazaar
and festival on Llncoln'a birthday February
12. Rawlins post. Grand Army of tbe Re
public, held a largely attended meeting last
night, and accepted an invitation frou
Rev. O. W. Crofta to attend the Congre
gational church on Memorial Sunday.
LEIGH. Net.. Jan. 26. (Special.) The
hardware end furniture stock of the firm
of Somers & Boldt changed hands this
morning. The purchasers were Frank R.
McCoy of Lincoln and Guy Harrison of
Wahoo. The new, firm will be atyled
McCoy Harrison. Thia ts the largest
stock of the kind In Lelgk and Invoiced
Ankle Broken by Fall.
TECIMSEH. Neb.. Jan. 26 (Special.)
Mrs. Sherman, wife uf J. 8. Sherman, a
business man of this city, fell on a slip
pery walk at ber home this morning and
broke tbe bones of her right ankle. A
surgeon reduced tbe frscture, and Mrs.
Sherman ia resting well.
Jadaa Hoaerlaon Serloanly III,
NORFOLK. Neb.. Jan. it. (Special.)
Ju4ge W. M. RoberUon suffered an, at
tack of neuralgia of the beart Saturday,
and la atlll quite low. v
Bank Increases Capital.
TECVMSEH. Neb., Jan. tt. (Special.)
The Citizens' National bank of Tecumseh
has Increased its capital stotk from 10,-
ooi te $70,000,
CALLS IN STATE WARRANTS
lEtate Treasurer Ready to Redeem Fifty
Thousand Dollars Wsrth.
CONVICT VIOLATOR OF THE GAME LAW
Rev. Rather P. I.udden Heslatna Pas
torate to Accent Western Secre
taryship of Home Mia
(From a Staff Correspondent.)
LINCOLN, Jan. 2?. (Special.) Treas
urer Mortensen has Issued a call for $50,000
worth of warrants on the general fund,
numbering 86,614 to Sn,., to be In by
Deputy Game Warden Carter secured the
conviction last Saturday of Gua F. Rudolph
at Oshkosh, Neb., for shipping ducks out
of tho state. Rudolph was fined $100 and
costs. He was arrested while taking th
game across the border 11 a wagon. The
officer found that later he Intended to ship
the ducks Into Colorado under the label
Tomorrow and Thursday evenings the
Historical society will keep open doors, In
order that thene who are 30 inclined may
have an opportunity to seo the 1,500 relics
in the possession of the society. The col
lection Is In a fire proof quarters at the
I'nlversity of Nebraska and the regular
hours for visitors Is from 9 to 12 a. m. and
from 2 to 6 p. m.
Her. Ludden Reslans.
Rev. Luther P. Ludden, who for tbe last
fourteen years has been pastor of Grace
Lutheran church of this city, has resigned
his pastorate. Rev. Mr. Ludden has been
elected western secretary of the Bonrd of
Home Missions of the Evangelical Lutheran
church, and will devote hlB time to that
work. His hendquarters will for the pres-
ent be in Lincoln.
Call Lincoln Primaries. I
Republicans of Lincoln will hold a pri
mary election February 17 to select muni
cipal officer. If a second one Is necessary
it will be held February 24. The rules
were changed so that the place on tho list
where there Rre two or more candidates
will bo determined by lot. Instead of by
the rigid rule of alphabetical surname.
Hereafter all of the .candidates will-get
together and In the presence of the officers
of tho committee determine their positions
by lot. The new rules also provide that
the qualifications of a candidate for office
hall be the same as thoso of a voter In
the primary. Nothing was said about it in
the old rules. .
The committee also embodied In the rules
standing custom of the committee, sanc
tioned by oral provlsiona which have been
mad? from year to year, that a candidate
for committeeman must present a petition
with fifteen names attached. The names
must be those of voters at the primaries.
The committee voted to have printed copies
of the rules ready for distribution within
as short a time as the secretary Is able to
have the work done.
The First warders, where there Is a
three-sided contest over councilman,
wanted the primaries a week later than
was set, because of the necessity of scour
ing the ward for a sufficient number of
signatures, but the committee said they
must do seme hustling.
All petitions must be filed with the secre
tary, Walt Dawaon, not later than 4 o'clock
on the afternoon of February 7,two weeks
from laat Saturday.
J. H. McClay resigned as city chairman,
by reason of his legislative duties, and W.
C. Phillips waa chosen in hla stead. E. T.
Roberta resigned aa Third ward committee
man, because of hla candidacy for city
clerk, and Theodore A. Hurtl succeeded
WOMAN TAKES HER OWN LIFE
Second Attempt of Mrs. I,. W. Yoaaaj
of Wllsonvllle Proves
WILSONVILLE. Neb., Jan. 26. (Special.)
Mrs. L. W. Young, wife of ex-Senator
Young, committed suicide today by taking
carbolic acid. The acid was taken In the
forenoon while all members of the family
were absent from home.
She was found about noon unconscious
and death followed at 3 o'clock. Deceased
made an unsuccessful attempt at suicide,
about two years ago by taking rough on
OLD MAN RUN DOWN BY CARS
t Off and Victim May
on Acconnt of Knfeenled
M'COOK, Neb., Jan. 26. (Special Tele
gram.) J. B. Roshong, an aged cittien of
this precinct, was run over by the cars In
the yard here this afternoon, losing a leg
and receiving severe Injuries about the
On account of his advanced age and
feebleness, there is some doubt as to his
recovery. Being hard of hearing, be did
not hear the approach of the cara until too
Surveying for Electric Hoad.
ASHLAND. Neb.. .Jan. 26. (Spaclal.)
Another aurvey on the proposed interurban
electric railroad running from Lincoln to
Omaha was commenced near here this
morning. A corps of surveyors from Lin
coln came down and started another route
south and east of Ashland. Thi definite
route is not known as yet, as the surveyors
refuse to disclose their plans. The fact
that they are so close to Ashland Is taken
by local supporter of the project to signify
that Ashland will be included In the route.
It was aUo learned tht.t the surveyors are
working for the capitalists for whom E. C.
Hurd of Akron, O., and H. H. Wllaon
Lincoln are agenla.
Bull In a Record-Breaker.
BLAIR. Neb., Jan. 26. (Special.) The I
twenty-third annual n.asquerade ball of
the German Verein society was held at the
opera house last Saturday night, and was
a record-breaker for the society financially
and In point of numbers. Whaley's or
chestra of Council Blulls furnished music.
The costumes were elaborate and well se
I'.arl t loalna; at Teeomaeh.
TECVMSEH, Neb., Jan. 26. (Special.)
The merchants of Tecumseh have made an
agreement to close their places of business
each evening except Saturday at 7 o'clock
If you usa Gratn-O in p'ace of
cofTe you will enjoy it ju.-.t as
much for it taste the same ; yet, it
is like a food to the system, dis
tributing the full subs'ance of the
pure grain with every drop.
TRY IT TO-DAY.
Atgtocars lie tul c yulut
until May 1. The barber shops close un
hour later. All the merchants of the city
are carrying out the early closing arrange
ment with but two or three exceptions.
Cattle from Esnerluieut Farm.
TECVMSEH. Neb., Jan. 26. (Special.)
Thirteen bead of rattle have been shipped
from the Ernst fsrmer here to the ex
perimental faim at Lincoln. Ten bead of
Shorthorns are to be used In Judging and
marking points and three Hereford cows
with abnormal growths upon their Jaws
will be experimented upon.
SAYS LESSLER LIED
(Continued from First Page.)
home, I made my statement accorll'iaj 1o
the way I read in the paper. I felt that
I was In the hands of my friends md It
was all right; that I would back up Lesslor
here and It would be a cinch and '.hat that
was all there would be to it; that the com
mittee would report so that Lessler would
he vindicated and I would be vind'cited, nnd
It would be all right. After I goti.ut of
the committee room 1 went down to the
hotel and asked for Lessler. He was not
there. I telephoned the house, but
could not get him. and left the city, think
ing It was all right."
Never Offered Money
Mr. Taylor, for the committee, quoted
witness' testimony that Mr. Qulgg iiad
made an offer of money and asked If that
wns so. Witness replied In tjie negative.
Doblln also said his statement was false
when he said at the previous liear'ng; 'ha'
he had told Mr. Lessler there was $",QiV)
In It If he could see his way clar to be
friendly to the submarine boat bill.
"You did not say anything to Lessler
about any money that would or might be
paid to him If he would change bis atti
tude on this bill?"
'I spoke to him about the question at
that time, but I did not say anything about
"That Is, you spoke to him about the
Holland torpedo boat proposition, but you
made no Improper proposal of any kind to
"I did not, sir."
"You .did not Intimate that anybody,
either through you or In ar.y way. offered
money for hla support of the bill?"
"I have the conversation. I spoke to him
about his future and generally on the sub
ject of submarine torpedo boats, and said
nothing about money at any time to the
congressman. The conversation was as to
Lessler's future. I ssld: 'Now here, Monte,
Mr. Qulgg haa aent for me and has talked
with me about this thing.' I don't know
whether that it Is exactly, but It Is as near
as I can get It."
1. outer's Evidence False.
"So that the statement of Lessler that
you mentioned t',900 or any t.ther sum In
connection with thla la absolutely false?"
"Well, aa to bis Impression, I don't know,
but as to his statement It Is false."
Mr. Taylor had the witness Identify the
story he bad read In a newspaper, and
which he said was the first Intimation he
had had of any money proposition.
Doblin then said that on the morning
he arrived at Waahington be Immediately
saw Lessler, who said to him:
"I've got you into trouble."
"I said: 'How la that?' 'Well,' he said,
'there's a subcommittee meeting this morn
ing, and I will talk to you about It.' "
"Did Lessler tell you anything about
what you had sworn to?"
He said: 'Read It over; It will be all
right,' anC I read it over."
"What else did he say?" ,
"He said that the Holland submarine
torpedo boat business Is up."
"He did not aay fnurl ; after that Son
camo In; he bad some 'papers tbey were
"When did you learn anything else?"
"When be went to breakfast I said,
'What did you say, Monte?' He said:
'Can't you read that?' I looked it over
and we were talking about $5,000. He said:
'I blurted it out.' I won't be positive
whether be said that at the table or In the
room: 'He says I blurted it out and you
have got to help me out here.' "
'la that all that occurred?"
'He said: 'I mentioned your name; you
almply hare got to go and make your state
Witness went on to sa he did not want
to imply that the aubcommittee had Indi
cated to him, when he first appeared, what
to say, or bad suggested what be should
'After you saw Mr. Rogera he told you
that you bad made yourself subject to
criminal prosecution, did be not?" asked
"And it was upon his advice you came
here to make this statement thla morning?"
"I made the statement to him, which he
wrote out and I signed."'
Mr. Rixey I want to ask whether in con
versation with Iessler in regard to sub
marine boata you mentioned the subject of
Witness explained that they spoke of the
price of the boats and what ten would coat,
The committee then held an executive
session to consider what action was to be
taken In view of the remarkable develop
ments nnd later announced that it would
continue the Investigation tomorrow, when
another witness Is expected to testify.
Calls it Wicked Plot.
Delsncy Nlcol, attorney for Mr. Qulgg,
when Interrupted In the eroas-examinatlon
of Doblln, Bald:
"I consider that the wickedest and foul-
est plot sgalnst the honsst7 of my client,
former member of the house, has been
revealed In this committee today, and I
want to prove it here, entailing conse
quences which everyone of us must see
happen, and I want to probe It to the bot
tom." Repreaentatlve Lessler, after tbe sub
committee took a recess, stated that he
of bad been aa much surprised as anyone
j present at Doblin's tfstlmony. "I don't
j know what to think." be said, "and for the
present I have no statement to make."
FARMERS SEEKJ3ETTER RATES
Nebraska. Kansas aad Oklahoma Ag
ricaltarlata Wish Same Treat
ment aa Elevator Men.
TOPEKA, Kan., Jan. 26 A call has been
Issued for a meeting of the Farmers' Co
operative Shipping association to ba held
In Topeka on January 29.
The purpose Is to form a close arrange-
for mutual protection among 'he
farmers of Nebraska, Kansas end Okla
homa. The larmcrs aeek tbe same treat
ment from the railroads In th matter of
shipping ss the elevator owners.
CHI0 BANK CLOSES DOOR
Aasets fonalatina; of Farm Mortaraarea
Said to Exceed Liabilities
BVRTON. O., Jan. 26. The banking house
of Boughton, Ford t Co. of this place as
signed today for the benefit of its credi
tors. It Is understood that the assets are
close to 5C0,000. with liabilities of $300,000.
The assets consist largely of farm mort
sgea. It la ataied that the concern was over
lnanrd. Mr. Ford Ceciared no sas could
loss a dollar by the failure.
SIGN CUT THROAT LEASES
Markle' Mineri Hold House! at Option of
ALL CONFESS JUDGMFNT FOR EVICTION
Docnments Contain Clause Providing
for RJectment at the 'Will of
the Owner of the
rHlLADELFHIA, Jan. 26 The attention
of the coal atrike commission was occu
pied today by a circular presented by C. B.
Market A Co. Ten witnesses were exam
ined, thef more Important being Sidney
Williams, prenersl superintendent of the
firm; Gertrude Martin, a profesaionsl nurse
In the employ of the company, and Frank
Walk, general atorekeeper at Jeddo.
Mr. Williams' testimony was based on
the company's answer to the miners' de
mands. He wss subjected to a rigid cross
examination by Mr. Harrow, and was com
pelled to admit that, although thirteen men
were refused re-employment by the com
pauy for alleged criminal acts during the
recent strike he hsd no knowledge that
anyone of them had ever been guilty of a
Miss Martin was a good witness for the
company. She told of efforts by Mr. and !
Mrs. Markle to properly care for sick em-
ployes, and stated that where cases of ne- ,
cesslty were discovered, patlenta were fur. !
nished with medicines and nourishing food,
free of charge. j
Frank Walk described the operation of
the "credit" or company store. The prices
I'sectarged6 SdSt" !
mttted that none other than employes of
the company were given credit, and after
the company etore system was abolished
and he resorted to the cash basis, he lost
two-thirds of his custom.
Call Miners' Lawyer.
Counsel for the company caused some
surprise by requesting the commission to
summon aa a witness D. J. McCarthy of
Hazleton, one of the attorneys for the mine
workers. Mr. McCarthy objected on the
ground thst ho could not be expected to
testify to facts he had learned as counsel,
but, as counsel for the company said he
would not ask such questions, the lawyer
waived objection and took the stand.
he was nsked when he had first heard
of the eviction notices served by the
Msrkle company on twelve tenants, to
which he replied that all his Information
in this connection was derived as attorney
for the evicted men.
In anBwtr to further questions witness
said he knew the leases signed by the men
confessed Judgment in ejection. The
evicted men told him they had never will
ingly signed such a lease and bad never
given authority to any person to confess
Judgment In ejectment.
"I believed," continued the witness, "the
man had a good defense, so I saw the sher
iff and asked him to notify' me a day or
two before he served tho notice, eo that 1
could prepare the defense. '
Notices Served at Daybreak.
"He promised to do so, but failed, am
when I upbraided him he aald the writs
had been, prepared at midnight acd brought
to him at 3 o'clock In the morning, with
Instructions to aerve them immediately."
Counsel for the company asked If he was
not aware that judgment could not be con
fessed unless an agreement bad been
"I have beard of forged papers." replied
"Do you mean to say that these leases
"I mean to say I think the men were
Counsel read from the stenographers
notes a statement made by McCarthy be
fore the commission at Scranton to the af
fect that the resident physicians employed
by the company received a salary from the
company In addition to the fera charged
the miners, and asked If be knew
it to be ' so. Mr. McCarthy re
plied that he had no positive knowledge on
the subject. It waa a rumor, he said, and
he had so stated when he previously men
On cross-examination witceai iai.1 the
evicted men bad been ejected without
Judge Gray asked If the men had
received copies of tbe leajes from Ihj
company, and the witnens answered In tbe
"Theae leases are commonly knjwn aa
'cut-throat agreements,' are they not?"
Interjected Attorney Brumm.
Tells of Evictions.
Sidney Williams said be had been Identi
fied with the coal business about seveu
years, but had held bis present position
only a few months.
On October 22. at his direction, notices
were posted asking the striking employes
to appear at the office, bringing their braaa
checks, and apply for work. Probably l.'iU
men responded, but pickets had been sta
tioned along the roads leading to the oSlce
to prevent othera from doing likewise.
On October 23 a committee of miners
waited on Mr. Markle and said the mJn re
si red to return In a body, aa they had left.
They wre told that there were several
cases Mr. Markle wished (o take under ad
visement and on the following day the com
mittee was Informed that several Men
would not be re-employed. The men pro
tested that the decision of the Wllkesbarre
convention should be sufficient agree nent
and expressed, tbelr surprise at b-lng com-
pelted to apply for work as Individuals
The miner failed to accept th overtures
of the company and on October 27 twelve
notices of eviction were Usued. On No
vember 6 the evictions took place.
Cross-exsmined. Mr. Williams said lie
was present at all evictions. None of the
tenants, be said, had paid any rent during
He was asked if be had observed any
cases of Illness among the families wlio
were compelled to leave their homes, and
replied In the negative.
In one or two eases, witness continued,
the sheriff bad asked an extension of 'a
few hours to permit the families to search
for another dwelling. Counsel for the
company had advised agalnat this course,
cs he believed It to be a ruse to obstruct
The legsl process.
"Was any man refused reinstatement be
cause re was an officer or member of tbe
union?" nuked counsel, and wltneas re
plied In th? negative.
Knew one aa Criminals.
Mr. Darrow read
Markle. saying It
a letter written by Mr.
was the intention to
Sale Ten Million Boxes a Year.
Ay ssa awv
fHOUSANDS HAVE KIGIO
TROUBLE AID UTT KNOW IT
To Prove What Swamp-Root, the Great Kidney Rem
edy, Will Do for YOU, livery Render of "lhe liee"
May Have a Sample Bottle Sent Free Uy Mail.
Weak and unhealthy kidneys are responsible for more alckness
and suffering than any other disease, therefore, when through neglect
or other causes, kidney trouble U permitted to continue, fatal results
tire sure to follow.
Your other organs may need wttention but your kidneys most,
because they do most und need attention first.
If you are sick or "feel badly," begin t.ikin Dr. Kilmer's Swamp
Root, tlio great kidney, liver and bladder remedy, because as soon as
your kidneys are well they will help all the other organs to health. A
trial will convince anyone.
The mild and Immediate effect of Dr.
Kilmer's Swamp-Roct, tbe great kidney and
bladder remedy, U soon realized. It aUnda
the highest for Its wonderful cures of the
most distressing cses. Swnmp-Root will
set your whole system right, and the beat
proof of thla Is a trial.
14 West 117th St., New Tork City.
Dear Blr: Oct. 13th, 19(0.
"1 had been suffering severely from kid
ney trouble. All symptoms were on hand;
my former strength nnd power had left
me; 1 could hardly drag myself along.
Even my mentul capacity was giving out,
and often 1 wished to die. It was then 1
saw an advertisement of yours In a New
York paper, but would not have paid any
attention to It, had It not promised a sworn
guarantee with every bottle of your med
icine, asserting that your Swamp-Root Is
purely vegetable, and does not contain any
harmful drugs. 1 am seventy years and
four months old, and with a good con
science I can recommend Swamp-Root to
all sufferers from kidney troubles. Four
members of my family hHve been using
Swamp-Root for four different kidney dis
eases with the same good results."
With many thanks to you, 1 remain.
Very truly yours,
You may have a sample bottle of thia fa
mous kidney remedy, Swamp-Root, sent free
by mall, postpaid, by wblch you may test
its virtues tor such disorders as kidney,
bladder and uric acid diseases, poor dlges-
tloa, when obliged to pass your water fre-
EDITORIAL NOTICE. If you have the slightest symptoms of kidney or blad
der trouble, or If there la a trace of It In your family history, send at once to Dr. Kil
mer A Co., Blcghamton, N. Y., who will gladly send you by mall. Immediately, with
out cost to you, a sample bottle of Swamp-Root aad a book containing many of the
thousands upon thousands of testimonial letters received from men and women cured.
In writing, be sure to say that you read thla generous offer in Tbe Omaha Dally Bes.
take back all former employes excepting
those who bad been guilty of criminal acta.
"Has any one of the thirteen men men
tioned ever been guilty of a criminal act
so far aa you know?"
"No," said the witness.
"Why were these men turned out?"
"Because Mr. Markle said tbey had com
mitted acts for which be did not care to
On Indirect examination witness said he
had never heard any complaints concern
ing the legality of the dwelling house
leases. He had never heard it charged
that they were considered forgeries. '
Frank Walk of Jedao, general store
keeper, said that up to 1890 90 per cent, i
of the Markle employes had dealt at ilia
store. The credit aystem was discontinued
In July, 1901. It had never been obligatory
upon the employes of the company to deal
with him, but his prices compared favor
ably with these of other stores and he did
a good business. Tbe funeral fund was
collected through his store.
"Before you gave credit," said Mr. Mc
Carthy, "a man was compelled to pledge
bis salary to you, waa he not?"
"No, he signed an agreement authoris
ing tbe deduction from his wages for the
amount of his debt."
After the credit system was abolished
witness said he had made reductions In
the prices of his goods amounting to about
10 per cent and had loet about two-thirds
of his custom.
Oottleib Miller, a coal and Iron police
man, said ihe evicted men, so far aa he
knew, were law-abiding cltlzenw.
ELEPHANT DIES IN CIRCUS
Corpse of Thlrty-Year-CId Beast
'Welarha Klaiit Thousand
KANPAS CITY. Jan. 26. Albert, a trick
elephant belonging to the Lemen Bros.'
circus, now In winter quarters at Argen
tine, died today. Death was dui to natural
Albert waa 30 yrars old and we'ts'itd 8.000
pounds. He was brought to ihis eot'litry
from Burraah by Barnum Bailey.
lllscult Workers Are Out.
CHICAOO. Jan. 26. Twelve hundred em
ployes uf the Kennedy Biscuit company are
out of work toduy. Miss Daisy Searing,
president of the Cracker Packers and Help
ers' union, eald they wer locked out, while
representatives of the company refuse to
give any Information regarding the trouble.
The controversy began Saturday, when th
union threatened to strike unless three
girls, not members, were forced to Join
1 .".N. ! e.
Qucntly night and day, smarting or Irri
tation in passing, brlckdust or sediment
In the urine, headache, backache, lama
back, dizziness, sleeplesBuess, nervousness,
heart disturbance duo to bad kidney trou
ble, skin eruptions from bad bloods neu
ralgia, rheumatism, diabetes, bloating, Ir
ritability, wornout feeling, lack of ambition,
loan of flesh, sallow complexion, or Bright'
If your water, when allowed to remain
undisturbed in a glass or bottle for twenty
four hours, forms a sediment or settling or
haa a cloudy appearance, it la evidence that
your kfdneys and bladder need immediate
Swamp-Root Is the great discovery of Dr.
Kilmer, the eminent kidney and bladder
specialist. Hospitals use It with wonderful
success In both alight and severe cases.
Doctors recommend it to their patients and
use it in tbelr own families, because they
recognize in Swamp-Rcot the greatest and
most successful remedy.
Swamp-Root is pleasant to take and la
for aale tbe world over at druggists In bot
tles of two sizes and two prices fifty cents
and one dollar. Remember the name,
Swamp-Root, Dr. Kilmer's Swamp-Roct.
and the address, Blngiamton," N. Y., oa
every bottle. ',
asf Looal Train
Effective January 18th. 10S.
Leaves Omaha 10:45 A. M.
Leaves Council Bluffs 11:05 A. M,
LOGAN 11:59 A. M.
WOODBINE 12:13 V. M '
DVNLAP 12:30 P. M
DOW CITY 12:43 P. M.
ARION 12:47 P. M.
DEN1SON 1:00 P. M
WALL LAKE. 1:40 P. M
ROCKWELL CITY 2.2S P. M
FT. DOOCK : 3:20 P. M
WATERLOO 6:00 I'. M
DVBVQVE 10:20 P. M
CHICAGO 7:00 A. M
Makes all Intermediate stops between
Omaha and Chicago.
Tickets, 1402 Farnam Street.
W. H. BRILL.
Dlst. Pass. Agu. 111. Cent. R. R., Omtiha.
1 I'f AUAAaa
i.M. m aa wui-b w j wiknkjii
?" WW S is InUrauTl ni1 tl.no.il know
f - lVkR iVfl MARVlL Whlrl eo Spray
V,TJ CI -I .t Hur:,nm. Hrth-,1T.
lull i4rUmjliini atMl rttrern... In.
liooin 3C6 Times Blda.. N. Y. . -fti
Fur Hal. t)j
fc " I A EKKK'S CI T It ATI. DlUfi 6VOR7.
Corner 16ih 8 id t'li.cat.i Si... Oniakti.
Cfi)l1 OOV CUKCiicvi'r -ui- iw . uy i-iar.
ir.-x tor trn,r iirl.ik. :1m pptlir Vr w, 1 li can not
. . T I in ; T 'M rn II' !i IIV " V'l'
'.i .'lr.ni ! 1 1 r A l ' li ic it 5 ; (i f
fch'.rn.uu U K u i II Vi l.o., OsiaaV
jmh,, NO. 6
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