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 ITCHINGJCZEMA An! Oto Helton, Burninic anl Scalj Emptions. 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 Identity. 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 s-.alt Identification. 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 dressed. ATTACK DOCTOR WITH SWORD Maa of Medicine Proves Too Much of an Athlete for Hla Assailant. 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 two weeks. (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 mad. 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 ing blm. 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. la-jlnes. Chance at Leigh. 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 about J6.000. 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 alonarr "orlely. (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 February 6. 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 of poultry. 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 him. WOMAN TAKES HER OWN LIFE Second Attempt of Mrs. I,. W. Yoaaaj of Wllsonvllle Proves Successful. 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 rata. OLD MAN RUN DOWN BY CARS Lea: C t Off and Victim May Die on Acconnt of Knfeenled Condition. 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 head. 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 late. 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 lect d. 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 THE PURE GRAIN COFFEE 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 money." "That Is, you spoke to him about the Holland torpedo boat proposition, but you made no Improper proposal of any kind to him?" "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." "What else?" "He did not aay fnurl ; after that Son camo In; he bad some 'papers tbey were arranging." "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 ment.' " 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 say. 'After you saw Mr. Rogera he told you that you bad made yourself subject to criminal prosecution, did be not?" asked Mr. Taylor. "Yes, sir." "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 money? "Yea." 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- went 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 by fZCO.OIIO. 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 Comranr'i Managers ALL CONFESS JUDGMFNT FOR EVICTION Docnments Contain Clause Providing for RJectment at the 'Will of the Owner of the Property. 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 criminal action. 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 signed. "I have beard of forged papers." replied Mr. McCarthy. "Do you mean to say that these leases were forgeries?" "I mean to say I think the men were grossly deceived." 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 tioned It. On cross-examination witceai iai.1 the evicted men bad been ejected without notice. ' Judge Gray asked If the men had received copies of tbe leajes from Ihj company, and the witnens answered In tbe negative. "Theae leases are commonly knjwn aa 'cut-throat agreements,' are they not?" Interjected Attorney Brumm. "Yes." 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 tbe str'ke. 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. THE FAMILY'S BEST FOR Ay ssa awv fHOUSANDS HAVE KIGIO TROUBLE AID UTT KNOW IT J 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, ROBCRT BURNER, 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 re-employ them." 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 Pounds. 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 causes. 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 the union. 1 .".N. ! e. rAVORITE KEOIOINK All Drttc'tts THE BOWELS 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' disease. 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 attention. 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. ', HEW asf Looal Train -VIA llinois Centre RAILWAY. Effective January 18th. 10S. Leaves Omaha 10:45 A. M. Leaves Council Bluffs 11:05 A. M, ARRIVES 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. MASltf., anri.tim 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