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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 2, 1903)
0 THE OMAHA DAIIi nEK: 310NDAT, MATTCIT 2. 1903. MANY BILLS CANNOT PASS Senate Work in Obaotio Bta'e Cannot Be Cleared bj Wednerdaj. CANAL AND TARIFF CERTAINLY DOOMED Morgan 4"n ae Treaty. "t Wlfl Xot, Flmnrr Blocks Insnlsr Law lpptr Home Will Sit Continuously. WASHINGTON, March 1 The senate het more thin enough work to keep It occu pied during the remaining three days of the session, and, do the beat It may. there mill be much left undone when the pres ident'! gavel falls at the clone of the flml Ittlns. The calendar at this late day Is quite full, and there are many more bl.la In com mitten than have been reported out. In the present congress, like most others, only about 10 or 12 per cent of the bill. Introduced have become laws, while this congress has beaten the record of billi Introduced. Tuesday'a session will be con tinued until noon Wednesday and the sen ate will be In almost continuous session day and night until then. apnly nilla Seem nre. Of the supply bills, the sundry civil, postofllee and-navil appropriation bills or: till In' the hands of conference commit tees, but there are nd points in dispute which are likely to be difficult of adjust ment. The general deficiency bill Is the only one, of the appreprlatl n bills thai has not paused the senate, and It will be pasted some time tomorrow. Aside from the appropriation bills and conference reports preference will b given to the Aldrlch bond depctlt bill. Senator Aldrlch expressed confidence thit It will pass during Monday, but some of the dem ocratic senators tay such speedy passage is out of the question, and contend that if . Its passage shall be delayed beyond the day It cannot be got through the house. . There Is also great anxiety to get action on the Thillpplne tariff bill, and while there Is also opposition to this measure, It !s intimated" that antagonism might case In the case of cessation of efforts to rass the bond deposit bill. Senator Aldrlch. how ever. Is not .disposed to yield to this kind ef argument. It therefore seems that the greater part of the day tomorrow will be devoted to the Aldrlch bill and to appro priations.. A number of democratic rel ators are scheduled for speeches on thi Aldrlch bill and In all probability the con sideration ot the measure will run well Into the night. There will be a determined effort to get the Philippine bill in shape to send to the president before the final dissolution 'of congress on Wednesday, but this as Inti mated above, inay depend on the fate of the financial measures. All senators und r stand that at this time tn the session any one or two of their number can prevent the passage of any Individual meisure. A final attempt will' be made to press the Panama canal treaty to a conclusion in th hope that Senator Morgan may relent and allow It to be ratified rather than force an extra session of the senate. His friends say, towever, that he has no such Intention nd they add that he Is willing to accept the full responsibility for a called session. No Hope -of Avoiding; Extra Session. Senators generally, therefore, have given up all hope of avoiding the extra session and now are concerned principally as to the time It will begin and the length ot time It will occupy! Some of them ere ad vising the president not to ask the body to reassemble before Monday, March 9, while Senator Aldrlch Is urging that the call be Issued for the Oth, the day after the dis solution of the present congress. The principal If .not the only duty of the extra session will be the consideration of the Panama treaty and the Cuban recipro city treaty,, but the senate may, if It so de sires, take up the question of the reorganl ration of committees. No disposition to ward this step has yet manifested Itself and It does not' now seem probable, On the Brat' day of the new session the Lew senators will be sworn In. Amnnr Amnnr ' those who will take the oath of office will ! be Mr. S moot of Utah, aanlnst whom, on 1 account of his connection with the Mor- I raon church and his alleged adherence to Its tenets, old and new. a number of nr..- tests have been nied. These protests do not constitute' proof, and as' Mr. Smoot'a cre dentials are entirely regular, he will be al- lowed to take' his seat, and tJe investlga- lion. II one is maae, will be postponed until the regular session of congress begins In December next. If tnere should be ob jection to Mr.' Smoot taking his seat the ceremony under the rules of the senat ), might be postponed for a day. It la Intl- mated that there may be . some discussion of his case' during the extra session, but if ao it would precede' alt' committee action and would come up either as a question ot privilege or In connection with some other question. . HOUSE POSITION HOPELESS Democratic ' Filibuster Dooms Moat Pending- Legislation to Ia - - aosnloaa Death. WASHINGTON, March i. The democrats of the house have decided to prosecute tbel'r filibuster until congress expires by limits, tlon at noon on Wednesday, and the three remaining days, therefore, promise to be largely repetitions' of the three that have Just passed. - , But it Is believed there Is ample time to get through Ihe conference reports on tho remaining five appropriation Mils. There is slim chance for much beyond so tar .as the house Is 'concerned. 'Twenty-seven b!lls with senrte amend ments are on the speaker's table. One or two of ' these may get through, but the great majority are doomed to die where they are. The one bill in which th repub lican leaders are particularly interested is the Aldrlch financial bill, and It It comes over from the senate a way will bi found, probably through a special rule, to secure action on It, although the actlcn of tho committee on banking and currency today in reporting a new Fowler financial bill complicates matters. Mr. Fowler and his friends are determined, it Is said, to push this 'measure to the exclusion of the Al drlch bill. Still the complications arising out ot the fact this hostile committee has jurisdiction over the subject can be over come by a rule. It Is believed that the Immigration bill, which passed the senate yesterday tn amended form, will also be acted upon. One of tha things which gives the repub lican leadera grave consideration In these closing hours of the session Is the weak ness of the position of the house conferees on the appropriation bills. With the pres ent tleup the house conferees cannot go back for Instructions without a complete agreement except at the price of great risk ot delsy. The senate conferees have not been slow to take advantage of this situa tion, and, believing that the house Is at thtlr mercy, are Insisting on propositions which the house confereee say they would be forced to abandon if the bouts could be appealed to to uphold their hands. Devlin Pashes Irlah League. CLEVELAND. March I. Joreph Devlin, M. P.. addressed 1,500 sympathisers with tha Irish fight for home rule In the Lyceum theater tonight. Seven hundred, dollars were raised to further the work of the Parliamentary members. Mr. Devlin apeak in St. Louis tomorrow night. Devlin has been In this country several months and has Ins.ltutrd 300 branches of the United Irish league. Already I80.0i.ia of a fioo.fjoo fund promised from the United Stairs, has been raised. With Mr. Devlin Is Jchn Mitchell, a graidson of the Irish pitrlot of the same name. ACCUSES QUEBEC MINISTERS Former Attorney general Will Why (laynor and fireena Were Aided. Aak QUEBEC. Merch I. The successful fight made by Colonel Gaynor and Captain Greene agilnsl extradition proceedings In stituted last summer by the State depart, ment at Washington will be the subject of an Interpellation In the provincial legisla ture. L. H. Pcllltler, former attorney general, has given notice that on Monday he will ask the following questions: Has the assistance given by the pro vincial police tn Messrs. Gaynor and Greene, fugitives from Justice In the l'nlte.1 States, been so given with the knowledge and consent of the government? Who represented the government and more particularly the' attorney general s department In the extradition proceedings with respect to Messrs. Greene and Gay nor? When Greene and Qaynor were arrested la3t summer fnder senistlonal circum stances and hurried down to Montreal on board a tugboat by Chief Detective Car penter and Vnlted States secret service men. counsel for the fugitives gave chasn In a special train and made an unsuccess ful attempt to lutercept the tug. Legal proceedings enrued at Montreal and Gay nor and Gre ;ie finally were brought back to Quebec and released. During all the preceedlngs counsel for the fugitives were accompanied by provincial constables, who are under control of the attorney general's department. There was a feeling at the time that the loc,, ni provncBi authorities were not doing all In their power to assist the rep resentative of the 8tate department. SHIPS DARE NOT FACE STORM Kind Atlantic llnrrlenne Too Mneli nd So Retnrn to Queens town. LONDON, March 1. The gale was re newed over the British Isles on Saturday night and continued t"day, but with less violence. Vessels are still taking refuge In the ports, arriving battered by the storm. Others have gone ashore. A quantity of wreckage has been seen oft the coast of Northumberland and the Indi cations point to the wreck of the British ship Cambrian Prince. Later news from the south of Ireland says that the gale was exceedingly fierce. Many storm-beaten vessels have taken shelter It. Cork harbor. The British steamer Pharsalla went through a terrible experi ence. It left Boston on January 30, for Lelth, calling at St. John. N. B. The hur ricane struck it on February 24 and the heavy seas flooded the ho'd, d imaged its cargo, smashed the brllge and almost all the deck fittings, stove in the bows and swept the binnacle overboard. The cap tain's ribs were broken and several of the crew injured. Pharsalla waa obliged to put into Queenstotsn. The British steamer Cebranla, for Bos ton, also put back to Queenstown after being seventeen days at sea. -. It only got TOO miles west of Ireland and experienced repeated hurricanes. Tho, decks were swept of everything moveable n1 the boaU dam aged. The captain thought the steamer Vould never weather the storm. V0LCANA FILLS CHURCHES Worshipers Pray When Monnt Col onia Contlnnea Belchlua; Lava and Ashes. GUADALAJARA, Mex. March 1 The rain of ashes from Mount Coloma still continues. Many plantations situated in the r(ch val iu me . eaaiwaru . oi ids. toicido nave ben completely devastated. The slate col ored powder covers the ground tb a -depth of eeveral Inches.' , Lava is pouring down the eastern slope ot the mountain., Na i tlves are terror-sf icken by the ; terrific earthquake shocks. 'The seismic disturbances siiow no indi cation' of decreasing In violence. The j "hocks occur at Intervals throughout the i everyone is. camping, uui . oi aoors, A pall of smoke that hangs close to the earth and Is almost stifling' covers the country tor fifty miles around the volcano. j The light -of the sun Is shut out and' lighted lamps are required throughout the day. ! The cathedrals ere crowded with worship- era day and night. , Henry Eakcll, an American, in charge of a' construction camp on the Tuxpen ex tension of the Mexican Central, reached here today. He was at Zapotlan, situated only five miles from the volcano,, when the eruptions began several days ago. He says rcrorts had reached Zapotlan before be left there of the destruction of many buildings . In Tonlta, Santa . Maria, Canada, Autlan and Naranja by 'earthquake shocks. ROOSEVELT BOOSTS LAND ACT Says He Looks with Pleasure to A p proarhlag Esi of leeland'a Troubles. LONDON. March 1. Captain Shawe-Tay-lor, secretary ot the Dublin landlords' and tenants' conference, who has Just returned from a visit, to the Vnlted States, describ ing this visit tonight, said: President Roosevelt, who is himself half an Irishman and extremely proud of It. re ceived me most cordially. I believe there is nobody in the Cnlted States more anxlou.4 than he for Ireland's welfare. Referring to the Dublin conference Mr. Roosevelt said: "I am not speaking, now as a politician when 1 say that. In com pany with the whole civilised world. I heartily welcome the prospect of a final settlement of the Irish Knd question. Captain Shawe-Taylor concluded the In terview by saying that during his visit to the United State be met Irishmen of all shades and degrees of political oflnlon, and he added: 1 have the highest possible authority ' for making the rollowing statement: A final settlement of the la nit question by removing the barrier now existing between Ireland unit England will greatly Improve the relations between the United States and Knaiaml. and will also link Canada closer to the British empire. Temporlsea with Gold Bfla. LONDON, March I. The Times corre spondent at Shanghai telegraphs that the sreelal mission to the National Industrial exhibition at Osake. Japan, headed by Plince Tsal Chen, have been ordered to Inquire into and report upon questions of establishment of gold standard la China on the Japanese model. The proposal is regarded as merely a temporising expedi ent, adds the correspondent, and a pretext for Inaction In the Indemnity question. Trala to Cross Siberia ST. PETERSBURG. March 1. The first express train by r Eastern China Trans-slbertan railroad left Port Arthur on Friday for Lake Baikal. Mexico Will Adopt Gold Staadard. MEXICO CITY. March 1. There Is grow lag belief here that before tha and of the year the country will have adopted prac- tlcally a gold bads with modifications lo ..... . , ,. v- ., . n....... suit locsl needs. The continued fluctua tlor. of silver affect trade and are now j being felt In dry goods estimates. Marltorot!Bhft Duehess Deaf. VIENNA, March 1. The duchess of Marlborough, accompanied by Lady Karat Churchill, arrived here tonight for a stay of alx weeks. She will take a further course of treatment frcm Dr. Mueller for deafness arising from catarrh, from which she Is suffering. Klnplaa- Prlneeaa Visits Mother. VIENNA, 'March 1. The former crown princess of Saxony has arrived at Llndau, which Is situated on en Island In Lake , will stay at her mother's chateau for Hie birth of her child. Triangular Fltfht In Chill. BANTIAOO DE CHILI, March 1 The general elections were held tcdiy. There were three candidates for eich seat. Great enthusiasm of an orderly character waa displayed. The results are not yet to hand. Prised Chinese Rifles. SHANGHAI, March 1 The authorities here have seized hundreds of rifles and large stores . of ammunition In Chinese warehouses. SEEK TEXAS LANDS BY FORCE Organised Bands of Armed Men Pro. pose to Present C'lnlma nt RevolTer'a Point. AUSTIN, Tex.. March 1. The slate au thorities have been advised that bloodshed Is threatened in a number of woet Texas cities by an organized band of land-grabbers who have sent their armed men to the dif ferent county seats. These men are to rush the county clerks when land leases expire and file on the claims. 'About 300,000 acres of state lands will come on the market through expiration of leased within the next few days. In order to avoid bloodshed the governor has in structed the land commissioner to with hold the sale of these lands until a change can be made In the law as to the manner of filing upon them. PENNSLYVANIA TRAINS CRASH Frelithts Come Together Near F.lnin and Hobo Is Fatally ' Injured. BUFFALO, March 1. A serious freight wreck occurred on the Pennsylvania road near Elma today. Three men were Injured and one will probably die. Two freight trains, both running north, were In the collision. The first train stop ped in the ysrd to do some switching. The second, which was not scheduled to stop at Elma, crashed Into the rear of . the stand ing treln. An unknown man, who apparently was stealing a ride, was fatally Injured. James Seagraves, conductor, and Robert Cbad wlck, engineer, were badly hurt and brought to Buffalo for treatment.- , ,'' ' . ' "'" ORDERS FOR B0GUS FACTORY Boston Crook Swindles Leather and Machinery Oenlera Out of Plant and Supplies. BOSTON. March 1. Edwin C. Everett, ar rested under the name of Emory C. Davis, confessed "today to having swindled leather and machinery dealers out of over $20,000 worth of supplies for a plant In Port Henry, Jf. Y., and to having negotiated for the shipment of boilers, machinery and en gines to ne used in a plant in Maiden, Mass! When arrested Everett had a massive Odd Fellows charm attached to his watch chain and carried a letter of introduction purporting to be from a high official of that order.'' Th letter, he acl'nowledged today, was forged. EARTH BAP TRAIN'S PATH Alton Avalanche Brings St. Loots Express to Temporary Fnll Stop. ALTON, 111., March 1. As the Chicago, Peoria ft St. Louis southbound passenger train was passing a bluff near Clifton Ter race at forty miles an hour tonight an avalanche of earth came rolling down and stopped Its passage. The engine was derailed and the train was delsyed five hours. The passengers were ehaken up, but not hurt. MAY STOP MUNCIE BUILDING Workmen In AM Branches Told to Strike In Aid of Carpent ers' Demands. MUNCIE. Ind., March TZie Building Trades council tcnlght ordered a strike of all carpenters, plasterers, tinners, lathers. f lectrlclans, painters, stonecutters and building laborers in Muncle. It Is the result of the contractors' refusal to grant the carpenters' demand of an In crease from 30 to 40 cents an hour. PRELATE WILL GET WELL CUhop Stephen Merrill Is Kow Reported to Re Out of Danger. CHICAGO, March 1. Bishop Stephen M. Merrill, who has been seriously sick with penumonia at Wesley' hospital for two weeks, was reported tonight as being out of danger. Wall Paprr Scorched. 8am Newman's wulluaner shon at 119 North Twelfth street waa damaged by fire at about 11 o'clock last night, the blase originating just Inside or a rear window. The building, which Is owned by Annla Wilson, was damaged to the extent of about but a conulderable part of the xtock of wallpapr waa more or less wet. The loss cannot be ascertained until the rolls have been examined, but It may reach to tlM. Newman carried tiuO insurance. M. Kulu kofitky and family live In the rooms over the shop, Lut suffered no damage. supremeTcourt syllabi. 12547. Joslln against Williams. Appeal from Douglas. Former Judgment adhered to. Pound, t'., division No. 3. I'nreported. I. The mortgagee ot a homestead is not entitled to a receiver as anainst the widow of the mortgagor to whom the property has oasaea unner seciion if, cnapter xxxvt, Compiled Statutes. 12548. State ex rel Lee Douglas against Aitsiaai. trror irom uougias. Affirmed. Oldham. C division No. 2. L'nreDorted. 1. Alleged errors of a trial court In the admission anil exclusion or testimony run only be reviewed In this court when thev have first been culled to the attention of tne trim court dv a motion lor a new trial 13S55. Shull against Heat. F.rror from Hurt. Reversed, tiurnes, I ., division No, t. Unreported 1. One who furnishes material under con. tract to a person In possession of a tract of land with which to erect a house or other building theieon. In case such person does r.ot become the owner of the prem ises, may have a mechanic's Hen on such building separate from the land on which It Is situated. S. A Judgment or decree establishing such Hen on the building alone separate from the real estate, and ordering It sold to satisfy the lien, iiecoaui'lly abjudicates the question of the natjre of the Improve ment and In effect decrees It to be personal properly. &. One purchasing the building at snenrrs sale unaer sucn aecrte. unon a conltrmaUun vt the sale ottalna UUa thereto re h premises, soil In rase ne cannot ontllli possession of It otherwise It not appearing te lie occupied us a lamlly iiweiung, ne mav mHlniMlii replevin therefor. Uater BBelnst Kf uber, IK Neb., W. McDanlel ug.ilnst l.lpp, 44 Neb.. Tin. 4. Alter tne confirmation of the sale, Z Vfen Ian" therein who prhased the material ami erected the building, cannot, by purchHslng the land, prevent the re moval thereof. 12567. Sheel against Lackner. Error from Jefferson. Affirmed. Karnes. C, dlvMon No. !. I'nreported. 1. The homestead of a debtor to the ex tent and value of t2,on0 la not the subject of fraudulent alienation. 2. The debtor may Invest the proceeds of such homestead In other land at any time within six months after the alienation thereof, or niny exchange It for other land. ' if ,i - V. ..lit .u Anllfled tn hold Mtieh land' to the amount of W.OnO free and clear of his debts. 12672. Cole against Adams company. Error from Adams. AfTlrmed. Albert, C, divi sion No. 3. Unreported. Errors required to be assigned In a motion for a ne. trial will He deemed waived unless the ruling on such motion Is assigned an error In this court. 12575. Jensen npalnk. Htelber. Frror from Lancaiiter. Affirmed. Oldham, C, division No. 2. Unreported. 1. When the court In one paragraph of Its Instructions correctly states .rule of evidence, It Is not erroneous to refer to the rule in apt terms in instructions Immedi ately following, without repeating the rule In each of the Instructions. 2. Action of the trial court In admitting evldehce examined and held proper. , 12T.HO. Stix'kfr against Coddlngton. Ap peal from Nemaha. Affirmed. Ames, C, division No. 3. Unreported. 1. Inferences of fact drawn by a trial court without a Jury will not be dlsturbeu by this court unless clearly wrong. 12593. Stocker against Nemaha county. Error from Nemaha. Affirmed. Loblngler, C, division No. 1. Unreported. 1 A county Is not liable to land owners for Injuries caused by the discharge of surface water from ditches constructed by the county authorities diverting such water from Its naturul course. No 12:120. Miles annlnst Ballnntlne. Error from Frontier. Arl!rrred Barnes, C, di vision No. 2. Unreported. 1 An application ior a continuance Is ad dressed to the sound discretion of the trial court, and unless It appears that there has been an abuse of such discretion Its ruling will not be disturbed. " where, by tne ruies oi mr mm i-uun, It is provided that applications for con tinuances must be filed on or before the first day of the term, and where it ap pears that such application Is not filed until the cause Is called for trial, and in the ap plication Itself It Is not shown that the ap plicant has used reasonable diligence to procure cojnsel and obtain the testimony of witnesses whose evidence he alleges Is necessarv to enable him to proceed to trial. It Is no sbuse of discretion to overrule the application. , 3. Where the claim or demand Involved in a suit Is identical with the claim or demand in a former action, and the parties to both suits are practically the eame. the Judg ment In the former action constitute an ab solute bar to the prosecution of the latter. 4. With the exception that parties are en titled to two trials In ejectment suits, the Judgment In such actions are as conclusive In- any other. Bryant against Estabrook, 16 Neb. ,'217. . ,. . 5. Held, that an Instruction tiy which the Jury was told that the Judgment in a former suit, which was Introduced In evi dence, was binding upon the plaintiffs, and was a bar to their prosecution of this suit, waa properly given. 6. The court having jurisdiction of the parties and the subject matter in a former action, the Judgment therein is conclusive and Is not subject to collateral attack when introduced in another proceeding Involving the same matters between the same parties, and evidence offered for the purpose of Im peaching its validity waa properly excluded. 7. Evidence examined and held that the amount of the verdict for rents and profits of the real estate in question are not ex cessive. No. 11MS1. Morgan against State. Error from' Red Willow county. Affirmed. Kirk patrlck, C division No. 1. Unreported. 1. in a proceeding unner ciwpur avh. Compiled Statutes, Nebraska, the record of tho J istlee of the peace Terore whom the preliminary examination was had, showing that the examination was regularly had and completed. Is conclusive upon the ques tion. ' .. .. 2. In a proceeding under chapter .xxxvll, Complied Statutes, Nebraska, the testi mony glvn by the complaining witness' at the preliminary examination Is not original evidence, but may l be introduced for the purpose of confirming or impeaching the testimony of tho complaining witness at the trial; but. as I he "order of proof Is largely within the discretion of the trial court, held, not prejudicial error to admit In evi dence a trai.scrlpt of such testimony before the direct examination of 'the complaining witness. ' ;. if a transcript of the proceeding had before a Justice of the peace is Incorrect, the district court will, upon motion.- require a corrected transcript to be supplied, and It Is not error to deny an offer to place In evidence the original docket of the Justice, the partv making the offer having prevl ouslv, upon objection, procured -the ex clusion. of a transcript of such, proceedings. 4. An Issue vegardlng which there Is no competent evidence is properly witnarawn from tne jury . .- , . R. It Is not error to refuse an Instruction requested when Instructions already given substantially cover tne same grouno-. 6. Certain instructions examined ana neiu not improperly givon. . 7. A .Judgment rendered in a proceeding under chapter xxxvll, Compiled Statutes, is not void because It falls In express terms to provide Jot the defendant glvtng security for the payment- of the Hums adjudged against him and thereby securing his liberty. 12582. Lehmer against Horton. Appeal from Douglaa. Reversed, with Instructions. L,oblngler, C. Ulvlslon o. l. One who furnishes, under a running ac count with the common owner of a group of exposition buildings, materials for use In the Illuminating equipment thereof Is entitled to a Hen on such buildings, where they are maintained for a common pur Dose, though they, are not all situated on contiguous lots and though the claimant i not able to snow wnat portions were useu In a particular building. . I. lty . oi souin umana against Tlghe. Error from Douglas. Affirmed. Hasting. C. Division No. 1. l. A uetltion siKiied as required oy stat ute Is a necessary prerequisite to the as sessment of the coe' of grading city street upon the abutting pioperty. i. evidence tnai ine petitioners nave no title of record to the uremtses described' In the petition will support a finding that the petitions were unautnorisea ana insum cient where the only evidence of owner ship Is the recitals of the petitions them selves. 125H5. Slckl'r against Mannlx. Error from Buffalo. Affirmed. Duffle, C. Divi sion No. 3. 1. Petition for alienating the affections of a husband examined and held sufficient. 2. A judament record cannot be uxed In favor of a stranger to establish facts re cited In the judgment unless such finding a based on an admission made oy tne party against whom it la sought to be usew . 16.15. Matoushek against Dutcher & Son. Error from bjyd. Affirmed. Barnes, C. Division No. 2. 1. Where a new trial Is asked for on the ground of misconduct of the Jury the find ing of the trial cuurt on that' question, based on conflicting evidence, will not be disturbed by a court of review. 1. A motion for a new trial on tne grounds of accident or surprise Is. addressed to the sound discretion of the trir.i court, and where It in shown that the facts on which such claim Is based were known during the trial, and It Ik not shown tnat an effort was made to n.eet these condition, it can not be said that there was an abuse of dis cretion In overruling the motion. a. To entitle a uarty to a new trial on tne ground of newly discovered evidence it Is not enough that the evidence is material and not cumulative, but it must further ap pear that the applicant for a new trial could not have discovered and produced such evidence at the trial, and where the evidence la merely cumulative the failure or inability to produce it 1 not a ground for a new trial. 4. Where a party, while oil the wltnnea stand, properly Identifies a series of scale or weigh checks as having been executed and delivered to himself, or some one au thorised bv him to do so. tney may be in troduced in evidence by the opposite party to rebut his testimony wkhout further Identification. 0. Held, that-the amount of the verdict In this case waa amply auatained by the evidence. 127. Bartllng against State. Error from Cheyenne. .Affirmed. Oldham, C. Division No. 2. 1. Heselgrave v. State of Neb.. 89 N. W. Rep., and Slate v. Murdock. 5 Neb., 5-'l. exa mined, approved and distinguished. t. The conditions of a recognisance for the appearance of one accused of a crim inal offense are not invalidated by the failure of the term of court at which he a required to appear on account of an adjournment or continuance of such tel.n. . In such case the liability of the surety on the recognisance is extended to the next term of court actually held aa though no adjournment or continuance had been had. 4. The conditions imposed upon a surety on a recognisance by the provisions of sec iinni ... nhantor xlx. ComDlied Stat utes, examined, and bald reasonable and as between the parties to the foreclosur land the rlsht to remove it from tn DluOlux. OMAHA LIVE STOCK MARKET Beef Steer; Oust "About Bteadj foi the Week and Good Cows Rtronger. HOG MARKET HAS BEEN GOING DOWNWARD gtrlrtly C'holee Sheep Nearly Steady for Week, but Half Fat Klnda Ten to a Uoarler Loner Feeders AetlTe and Steady. SOUTH OMAHA. Feb. 2S. Receipts were: Otticlal Monday.... Official Tuesday Official Wednesday Otticlal Thursday . Otiiclal Friday .... Official Saturday . Cattle. Hogs. Sheep. ,. 4.617 d.i5S 4.514 12.4W) D.357 5,&7 .4. 10,2.12 7.1M 2,(W5 l.bK! .. 4.257 .. 3.772 .. 2.1o2 .. 458 ..20.4l Total this week 20.4l 63,651 31,ft Week ending Feb. 21....1.i7 f.2'J6 Ki'.SW Week ending Feb. 14....1S.21H 5d,im4 2ti,M3 Week ending Feb. 7 IV.M'1 3.! 2B.3W Wee a ending Jan. 31. ...lit. 750 6u,zW 2o.ts Hmne. week iaxl vear 13.2tit 47,i.U 14.9nl Total this montn 76.552 Total February, lwri 6I.4 2O3.M0 112.52 243.41 71.5i2 Total Fehrtiwrv. l!Sll 51.bi'i llf-v671 W,lh4 Total February l!mu 4H.572 m70S 113.4-11 Total February. !li 43.m 15i,U'. M.jSi Total February, lti 60.141 1J4.W2 Total February, lff7 47,13s 112,21 Total February, ims 33.305 7'J.i2 Total February, 1!W6 32,305 115,641) 1U3.512 51.04!) 13,24 12,554 RECEIPTS FOR TilE YEAR TO DATE. The following table shows the receipts of cattle, hogs and sheep al Bouth Omaha for the year to date, wlih comparisons with last year. lAt. 1. inc. Dec. Cattle 152.B40 13o,31t 17,221 ..... Hugs 401. 2tW 4.4.320 73,063 bheep 21l).31 ia,447 84,24 ..... .-w. mac price paid lor hogs t South Omaha ior the last several uays with com parisons: Date. 1M. 18U2. 1901. 19J0. Ki99. im. IS31: Feb. 1 lb 2j b 22, 4 ,', 3 4 t 64 3 27 Feb. SI.... i C S 5 2u 4 i 3 im 3 W 3 1 Feu. 3....I tj lu I 5 3, 4 i i W -! Feb. 4....1 W j i o, o 31j i oi 3 i-i - Feb. S....1 U s U 4 M i S L Fib. 0....I 6 7tH; 6 lb 5 2l 4 J i s6 i 1 Kb. 7....I 74-fl, ti U3i o i 4 W 6i 3 7&( Feb. ....! e ) 4 Vi oo, 3 71( 3 23 Feb. . ...I 71 m 25 4 M 7U 3 71 3 27 Feb. ID... 6 latti t 00 4 bu 3 71 3 ( i -! Feb. 11... 8 ull 6 32 3 65 3 (7 3 j Feb. 12 ... i 3Vsi 04 o 30 4 7 el 3 20 Feb. 13... I SOi 5 ! 6 24 4 lu, a 68, I i M Feb. 14... I t 85 & 2 & 1 4 io, 3 65 3 63 Feb. 15... 1 I B fell 5 28 4 75 Ml 3 !M) I Feb. 16... 2j 6 37 4 6S 3 M M j M Feb. 17. .. 7 U3-) 6 79 4 76, 3 ot) 3 M 3 2o Feb. IK... 6 87 5 78 , 5 22 I 3 62 3 8. 8 31 Feb. II)... D"SI 5 tel 6 23 4 83 I 3 1 3 38 Feb. 20... 6 9i 6 86 6 ) 4 78 3 50 J 3 3a Feb. 21... 6 Dti 5 H8, 5 Ml 4 T4 3 47 3 9u Feb. 22... I I f 951 b 2 4 69 3 o5 3 84 3 3i Feb. 23. .. 6 924 5 321 4 K) 3 68 1 3 bl 3 36 Feb. 24... 84V4I 7 4 9 3 C3 3 83 1 3 41 Feb. 25... 81 6 93 6 38 3 68 3 i) 3 4 Feb 26... S 91', b B8 6 33 4 6i fcl 43 Feb. 2l... HHvsl 5 81 1 6 26j 4 6i 3 62, I 3 43 Feb. 28... 1 6 6 9u & 28 1 4 77i 3 64 , 3 66 Indicates Sunday. The official number of cars of stock brought in today by each road was: Cattle.Hogs.Sh'p.H'aee. C, M. & St. P. Ry... 4 22 1 Union Pacific system. 4 10 3 .. C. & N. W. Ry 3 12 .. .. y., E. & M. V. R. R. . 4 11 1 C, St. P., M. & 0 1 K. & M. Ky 2 11 4 C, B. at Q. Ry ,4 K. C. it bt. J 1 C, R. I. & P., east.. .. C. R. 1. & P., west.. 1 Illinois Central 1 Total receipts 19 81 7 2 The disposition of the day's receipts was as follows, each buyer purchasing the num ber of head Inulcated' Buvers. Cattle. Hogs. Sh'p. Omaha Packing Co 661 Swift and Company 24 946 241 Armour ft Co 1,208 Cudahy Packing Co 1.2BS) 1,320 Armour, from Sioux City. 131 2,242 It. F. Hobblck 2 Werthelmer 8 Other buyers 1 40 Totals 166 6.216 1,601 CATTLE Aa is aenerally the case' on a Saturday, there were not enough cattle In the yards to make a market. For the week, however, receipts have been very heavy, as will be seen irom the table above, and for the month of February the supply has been the largest on record for ihe second month of the year. The gain over the tame month of last year amounts to about 14.000 head. For the year to date the Increase over the same period of laat year amounts to over 7,w0 head. The beef ateei market has been in very satisfactory condition all this week. The first halt prices firmed ' up a little, but toward the e.u?e buyers shaved off about all of the tdvance.'so that the week closed with prloes In the same notches they weru at the close ot last week. The greatest demand has been tor the medium and handy Weight cattle. Heavy weights have been rather slow sale as a rule, though a little bunch of strictly prime cattle that bad Ut-CI, till icru ... O , n-.u . V" weighed 1,394 pounds. The bulk of the cattle now coming forward sell from 34.W) lo 34.50, while good to choice sell from 34 60 to 35.00 end fancy grades can be quoted up to 35.50. - The cow market has been rather uneven this week. The best grudes hnve sold freely, all the week and are perhaps 10'ol.ic higher than the close of laet week. By that is meant such kinds as sell from 13.40 to 14.00. The cutters and fair to good kinds of beef cows, Buch as sell from $2.85 to 3.30, have sold unevenly and may be quoted all the way from nearly steady to 15c or 26c lower. Canners have also suffered fully that much and toward the close of the week were hard to sell at any price, as some of the packers were not buying them at all and others only in limited numbers, manners are selling largely from $2.50 down. The bull market has shown some little im provement this week and tne better grades are 154i25c higher. A choice bull will now bring 33.75, or even a little more than that, but the bulk of them sell from $3.25 to $:l.60. Bologna grades are also a ilttie stronger for the week. Veal calves have held Just about steady, choice grades selling largely from $6.00 to $6.25. The stocker and feeder market has been active and atro.ig all the week on desirable f;rades. A compared with the close of ast week. It Is safe to quote the market 15ij20c higher. The commoner klnda have not shown much impiovement. Fair to good cattle are selling from $3.50 to $3 85 and good to choice from $3.8.5, to $4.50. The common stuff sells from $3.40 down. Rep resentative sales: BEE? STEERS. At. rr. No. A. Fr. 3 M a to j hob IN) Z (.0 DV 10 1070 4 06 II7U a bt, COWS. 1000 3 00 3 in 711 3 1 1 l'"0 J 35 942 S Jfi 1 1010 Ut COWS AND HEIFERS. 744 3 10 BULLS. 10.... 1.... "..1300 " HTOCKERS AND FEEDERS. r.oo a a M " 702 3 7S '.5 MO 4 00 linos There waa a llht run of hogs here today and the prices paid were gen erally a shade better than yesterday. Bales being made an ine way inj,n oio..j ,u higher. It we.s rather an up and down ..rvot however, being high In the middle and low at both ends. Packers did not take bold very rreeiy, aa mcy um o"v warn uw hogs bad enough to pay the prices asked. Trading as a result was slow from start to finish, aa the end of the market was very slow and weak. The bulk of the medium weight hogs sold from $6 .85 to $6.90 and the good weight hogs from $6.90 to $6 96, while prime heavies sold as hlah aa $7.06. The light stuff In particular was naru to oispose ui aim auiu from $85 down. For the week the receipts of hogs have heen fair, aa there Is a decrease both aa compared with last week and with the same week or last year, r or ine nioiun there has also been a decrease as com pared with the same month of February. For the year to date there Is a decrease of about 73, ("M head. The market for the- week has fluctuated back and forth to aome extent. - but the general tendency has been downward. As compared with the close of last week the niarket is 5&10c lower. Representative sales: No. Av. Sh. Pr. No. . Av. 6h. Pr. j 11s ... to u lit ... 7 m is ... 10 U2 ... u im ... 4 ti It 40 ... to 11 1U ... 6 1 116 ... to TT lit SO TO ll ... tit 71 IM ... 10 K t:4 ... 0 M fit ... " Ml " 71 IrtS 10 HO 70 J. ... 74 107 ... I i: T4 0 SO 7J IN ... M1 t41 ... 0 f IM ... II 14-i ... S3 Jll ... 1C IM ... M(i U Ill ... 5 7 244 40 31 131 40 k 71 14W J'i 71 ill ... So Hi Ill 1X0 tr, mi ... t is :4 ... t t2 IIS ... t 5 4i 57S ... t s 71 30 ... ttt f ! ... It 30 ... ! 40 t S It 4 ... t M 14 til SO t St tl IM 14 t So SO J ... It tit ... S6 U 13 ... M Ul W I St 1 34 ... t H ft M K HO . ltd 411 74 1 ... 10 I HH ... t (X ... 7 DO :ii l M S.'l t 17 8I1EM' -There hiwi been a liberal run of sheep ivro all this .week, as will he seen from thetaMe given above, For the month receipts hk've been the heaviest on record and for thv year to date there Is an In crease oerthe same period of last year amounting to over M.ono head. The demand has- been In good shape dur Ing the swk ivider review, but still pack ers swanted to 1, uy their supplies a little lower. Strictly cht.Ve grades of sheep were probs'Mv not over -veak to a dime lower, while hi half-fat k.nds are 15425c lower. Lambs have also suffe.red fully as much as sheep. - The demand for feeder- has been, of lib eral proportions and owliig to the decline on the half-fat cornfeds ngood many of that class of sheep and lamb "old for feed ers thnt last- week went to packers. The quotations on the different grades of killers anil feders will be found below - Quotations: Choice lambs, 16. 6X"f 76 ; fair to good lambs 15.5046 25; choice Colorado lambs, W.Wiiil.rjO; choice llghtwelfht year lings.' $5.tkV'7L.Hi; choice heavy y.earllngs, S6 40$E.65; fair to good yearlings, i 065.50' choice wethers. 36.2.r5S.riO; fair to goi'd. 34, S 4i5.25; choice ewes, J4.60fc4.76: fair to good ewes, $3.75C(i4.2f; feeder lambs, t4.75Vv25; feeder yearlings. 34.2.V84.7&; feeder wetnivs. 4.U'(e4.65; feeder ewes, ej.ww-j.su. jvepi - sentutive gains: No. 24 culls 213 Colorado ewee 405 western ewes i) western wethers... M Colorado wellwrs. 164 Colorado yearlings 31 western lambs 30 Colorado lambs 31 Colorado lambs.... Av. . 79 . 93 . 85 . 92 . 105 . 77 . 66 . 74 . 77 Tr. 3 00 4 40 4 40 6 00 6 00 6 25 6 25 26 6 26 CHICAGO LIVK SfOCK, MARKET. Hose Rather TVealc and Slow to Bell Sheep and Lambs Steady. CHICAGO, Feb. 28. CATTLE Receipts, 200 head; market nominal; good to i.rlme steers, $5.0HUo.,Tj; poor to medium, $3.25fd) 4.75; stockers and feeders, $2,3544.70; cows, $1. 407-4. SO; heifers, $2.nng4-75; canners, $1.40 4(2. do; bulls. $2.00'4.25; calves. $3.26fi'7.6o; Texas-fed steers. $3. 5044. 25. HOOS Receipts, 15,000 head; estimated Monday. 3.S.WO; left over, 6.000; market slow and steady to weak; mixed and butchers, $6.8041 7.20; good to choice heavy, $7,2547.42; rcugh heavy, $6.85(tf7.15; light, $6.6oift'6.8o; bulk of sales. $6.8."(T7.20. SHEEP AND LAMBS Receipts, 1,600 hiad; sheep and lambs steady; good to choice , wethers, $5.ot'n6i50; fair to choice mixed, $4.00414.76; western pheep, $4.7506.50; native lambs, $4.754jti.65; western lambs, $4.7iV(ffi.83. Official yesterday: Receipts. Shipments. Cattle 3.040 2.971 Hogs 1 23.375 3.660 Sheep 5,217 210 KJtnsaa City Live Stock Market. KANSAS CITY. Feb. 28.--CATTLE Re ceipts, 25o head; market unchanged; choice export and dressed beef steers, $4.504J6.20; fair to good, $3,7544.541; stockers and feed ers. $3.4o4i4.50; western-fed steers, $2,904? D.00; Texas . and Indian steers, $3.0O4j4.4O; Texas cows, $2,504x3.00; native cows, $1.60 4i4.ou; native heifers, fl.75ji4.40; cannern, fl.O04j2.10; bulls. f2. 606.3. 65; calves, t3.0O4t 3.50. Receipts for the week: Cattle, 32,900; calves. S00. HOGS Receipts, 1,500 head; market steady; top. 37.20; bulk of sales. f6.904?7.06; heavy, $6.954i7.20; mixed packers, $6,764 7.10; light. 6.65Sj.95; yorkers, J6.854J6.95; pigs, $5.j4j.50. Receipts for week, 43,800. SHEEP AND LAMBS No receipts; mar ket unchanged; native lambs, $4. 004T1. 6); western lambs, $3.85416.40; fed ewes, $3.0O4j1 6.90; native wethers, f3.564i5.40; western wethers, f3.404io.65; stockers and feeders, $2.60(&3.60. Receipts for the week, .18,800. St, Louis Live Stock Market. ST. LOUIS. Feb. 18. CATTLE-Reeelpts, 600 headA Including WO Texans; market steady to strong ; native shipping and ex port steers. $4.15456.25, with strictly fancy quoted up to $5.76; dressed beef and butch ers, $3. 754i6. 25; steers under l.XO lbs., $3.50 4?4.25; stockers and feeders. $5.304T4.25; cows and heifers, f2.254t4.50, with fancy corn-fed heifers up to f4.75; canners, - f2.254j-3.00; bulls, t2.6og4.00: calves, f3.504j8.25; Texas and Indian sto.rs, f3.304i4.60; cows and heifers, fcJ.aXErS.lo. HOGS Receipts, - 3.000 head; market steady; pigs and lights, f6.6O4i7.00; packers, 904i-7. 20; butohers, $7.004i';.2o. ' SHEEP AND LAMBS Receipts, 100 head; market strong, but lower than last week; native muttons; f4-.504i6.30: lambs, f5.00itfi 6.90: culls and bucks, $2. 00. 50; , stockers, $1.5042-3.00; TexHJis, $3.204.25. ow York Live tStoek Market. NEW YORK. Feb. 28. BEEVES Re ceipts. 164 head, all consignee: direct; no sales reported; dressed beef steady; city dressed native sides, extreme, range, 64j4j ll'4c; reported exports for . today, 1,471 beeves, 8. too- quarters of beef. , CALVE-Receipts, 99 head,' all -for the market and mainly western, calves:- market fur westerns rated. 5c lower -thun last sales; pens .fully cleared; reported' sales of west erns at $3. 60;clty' dressed vitals,' 104il4c. SHEEP AND LAM B8 Receipts, 1,422 head; general tone quiet; 1 sheep about eteady; lambs stronger; two cars unsold; sheep, t4.404jti.50; lambs, tfi.75;' dressed mut ton, 7',i4v9e per lb.; dresssed lambs, 9j'12c.. HOUS Receipts. 4,(9 . head ; ,no sales , re ported. ', . M. Joseph' Live stock Marloet. ST. JOSEPH. Feb. 28 CATTLE Re ceipts, 350 head; natives, $3.&g6-36; Texas and westerns. 33.354H-60; bulls and Mags, $2. 7544 .35; stockers and - feeders, ' 3. 2544.60. H04iS Receipts, 3,973 head; light and light mixed, $6.90417.00; medium and heavy, $i;.924i7.2o; hulk, $6.904j".lfl. SHKEP AND LAMBS Receipts, 226 head; Colorado Jambs, $t.75; yearlings,-$6.35; weth ers, $5.50; ewes, $5.50.. Sioux City Live Stoek Msixket.' SIOUX CITY. Ia., Feb. 28. (Special Tele gram.) CATTLE Receipts, 3oo;' market steady; beeves, $3.50io.0v; - cows, bulls and mixed. fl.604j410; stockers and. feeders, f2.754i-4.25; calves and yearlings, t2.504i4.85. ll'HiS Receipts, 2,600;. market ateady with Friday's opening, , $0.604i7. 00; .bulk $).704l6.8o. Stoek In Starlit. The' foUowlng were the ' receipts of live stock at the six principal .western cities yesterday: . Cattle. Hogs. Sheen. Omaha Chicago Kansas City St. Louis .. Ht. Joseph.., Sioux City . 451 6,957 1.663 200 250 600 850 300 16,000 1,500 3,000 8,973 2.600 1.600 100 225 Totals 2X3 31,930 8,3t7 OMAHA ' WlIOLESACb MARKET. Condition f Trade and Qnotatlons Staple and Fancy Prod ace. F.GOS Fresh stock. 15c. LIVE POULTRY Mens, 1010Hc; old roosters, 4tfi5c; turkeys, 134fl5c; dueks. 84J 9c; geese, 7U8c; ihkkens. per lb., 104jl014e. DRESSED P4JUITRY Chickens. 11'uUc; hens, lli 12c; turkeya, 154 18c ; ducks, ll'il2c; geese, ll'yl2c. BUTTER Packing stock. 124,c: choice dairy, in tubs, 1 Strive; separator, 254c. U1STEKS-Blancluros, per can, &c; tiira Selects, per can. 35c; New York Counts, per ran, 42c; bulk, extra Selects, per gal., $1.75; bulk, Standard, per gal., $134. FKiiiCfc.N r Kt-.im r ism 1 rout, sswc; herrlna-. 5c-: ukkerel. 8c: nlke. 9c; perch, 8c; buffalo, dressed, 7c; sunflsb, 3c; blueflns, 8c; whlteflsh, 9c; salmon, 16c; naoaoca, 11c; codfish, 12c; redsnapper, loc; lobsters, boiled, per lb , 33c; lobsters, green, per lb.. 3jc; bullheads. 10c; cattish, 14c; black basa, 20c; halibut, lie. BKAN-l'er ton, tib.bu. HAY Prices auoted by Omaha Wholesale Dealers' association: Choice Ho. 1 upland. ,'; No 1 medium. $8; No. 1 coarse, xo.ao. Rve atraw. $6. Theso prices are for hay of gjod color and quality. Demand fair; re ceipts ugnt. C4JRN 43c. OATS 39c. RYE No. 2, 45c. VEGETABLES. NEW CELERY Kalaraasoo, per 40., 350 California, per dos., 45fi5c. POTATOES Per bu.. 404j45c. SWEET POTATOES Iowa, and Kansas, $2 25. NEW PARSLEY Per dos. bunches, 40c. NEW CARROTS Per dos. bunches, 40a LETTUCE Per dos. bunches, 45c. BEETS New southern, per dos. bunches, 50c; old. per bu.. 4oe. CUCUMBERS Hothouse, per dos., tl.75. PARSNIPS Per bu., 40c. CAR HOTS Per bu.. 4nc. GREEN ONIONS Southern, per dog. bunches, 40c. RADISHES Southern, per dos. bunches, TURNIP8 Per bu., 40c; Canada rutaba gas, per lb., lc; new southern, per dos. bunches, 5oc. ONIONS -Red Wisconsin, per lb., lvc; wnite, per lb., 2'-c; Spanish, per crate, tl.7a. SPINACH Southern, per dol. bunches 5e. WAX BEANS Per bu box, f3; string bean, per bu box. $15". CABBAGE Holland seed, per lb., lo. NAVY BEANS Per bu. $2 65. TOM1T0KS New Florida, per 6-basket cisle. $4.ri35.. CAULIFLOWER California, per crate, f2.uo. FRUITS. PEARS Fall varieties, per box. UM. APPEtf Western, per bl)l., fi.i Jona r 1.., 119 J . J.,...tlT thans. fR; New York stock. f.t ??; California Belltlowers. per bu. box, fl Hk GRAPKH Malagas, p.-r ki-t;, t0O4f7.on, CRANBERRIES Wlsronsln. per bM., til OH; Bell and Bugles. fi2.; per box, $3 50. 8TKAWKKRK1KS FloMiiu. per qt., 60c. TR H'lCAI. FRUIT LEMONS California luiicy, f l.50; choice. f.125. ORANGES California navels, fancy, ts.oo ft 3 16; choice. $2 76; Mediterranean sweets, f2 25; sweet Jsffn, f2 uo. DATES Persian, In 70-lb. boxes, per lb.. Crte; per case of 30-lb. pkgs., $2.25. FIGS California, per 10-ih. cartons, c: Turkish, per 3Mb. box. 14'tISc. MI8CELI.ANEOUS. HONET Utah, per 24-frame case, $3.25: Colorado. $.' 50. CIDER New York, $4; per Vs-bbl., f2 50. SAUERKRAUT-VVlsconsIn, per Vk-bb... $2; per bbl., $3 75. ' OLD METALS, ETC.-A. R. Alplrn quotes the following prices: Iron, country mixed, .er tons, til; Iron, stove plate, per ton, $; copper, per lb., 8V; brass, lieavv p,-r lb . SSc; brass, light, icr lb.. 6M,c; lead, per lb.. 8c; sine, per lb., J'-jc. MAPLE SUGAR Ohio, per lb., inc. POPCORN-Per lb., 2c; sheled 4o HIDES No. 1 green, 6u,e; N. t green. Be No. 1 salted, 7c; No. 2 suited, 6c; No 1 veal calf, 8 to 12 lbs, v'tc; No 2 veal calf, 12 to 15 lbs., o; dry hides. Hnl.'c; sheen jelts. 25fc;5c; horse hides. tl.5o-'(i2.i. NUTS Walnuts, No. 1 j-oft shell, per II) , loc; hard shell, per lb., 14c; No. 2 soft sheli per lb., 13c; No. 3 hurd shell, per lb. I"c: Braills. ner lb.. 12c: tllberm ..r ik i"! almonds, soft shell, per lb., itW-; hard shell V-V.r lb.. 16c; pecans, large, per lb., l2U,,-: smH. per lb., 11c; cocoanuts, per dos. eV jhtWniitR. per lb., lflo; peanuts, per lb' 6c;' roasted peanuts, per lb., 7c; black' walnvlts, per bu., fl; hickory nuts- per bu il.60; I'ocoanuts, per loo, tt. ' WEAUB COMMISSION COMPANY. llO-lll Board et Trade, Omaha, Kelt Telephone 1R141. CHICAGO, TrM. 2. WHEAT The mar ket was helped Friday by the corn strength and today it wu Influenced in the other direction by the corn decline. The rabies were indifferent, ui less than the ndvunco here yesterday. Tfure was prediction of a cold wave and It cornea on the heels- of a two days' rain, but the southwest ex hibited no fear over It. ami consequently It was without Influence here. There was some southwestern selling. St. Louis & Kansas City, and the claim from that dlreetlon of ample protection and nbunda.it moisture. Ciearances were Incomplete, 24. Ooo buehela. The world's shipments are esti mated at lO.OUU.OOy bUMhels. and an Increase on p?.asagfc Is expected. The visible will de crease about as It did last year, M'l.oeo bushels. The seaboard . reported 10 load-i sold late yesterday to Lisbon. Speculative trade was quiet, with everybody vi ltliig some new factor. Fifteen .oads wheat taken for export today at New York. CORN There has been a good deal of profit-taking In corn today, and some slight yielding of the price. The provision crowd sold, especially the English packers. There, was very large commission Helling by Mr Reynolds and Bartlett tk Krazler. There was liberal buying by Harris & Gates, an t by Counseltnan. Cubles were up slightly from Liverpool, but lower from ixindun. It has not been. easy to decide where the corn has gone to. There was buying by Cudahy houses early. Clearances. 4! 2,000 bushels, incomplete because of wire trouble. Re ceipts were 332 cars; estimates for Mon day,' 340 cars. Eastern demand slow. Cash corn' is weak for the poor grades, the No. 4 off another cent. Five loads taken for ex port at New Yirk. OATS The oats have felt the corn weak ness; prices off about He There has been no important trade, bu the speculative market Is feeling the enormous selling of the past, ten days, the selling by l'atten, Howe, Co'jnselman and others. Receipts were ISO cars; estimates for Monday, 215. The cash peojde report the western offer ings light and the seaboard demand soma Detter: also the amount of business Is kept small by the car situation. PROVISIONS The market opened steady, more or less Influenced by the action In grain. Trade was quite general with com mission houses. Fair demand for lard anil ribs. 1 May pork sold at tl8.02, reacted on selling by Can by. Harris & Gates were fair buyers July pork. There were 15.0M hogs; market steady; estimated for Mon day, 44.0OO; for the week, 3X5,000. Hogs In the west today, 34.000 head; last week, 40,100, and lost year, Sl.SoO. WEAKE COMMIBHIO.N LUVl'ANI, Foreign Financial. LONDON, March 1. Tho shock market closed last week in a happier frame of mind than has been the case for a long time. The public Is entering the market with confidence because of the feeling that there will be no trouble in the far east and on account of more peaceful reports from the other : troubled sections of the world. The outsiders have shown a particular preference for home rail, which are the feature of the week. In other departments business was limited. Americans were neg lected and dull, the 'last with few excep tions showing quotations below the closing prices of the previous week. Orand Trunks are still attracting attention, tnough not so. much as during the previous few weeks. Kaffirs showed a firm tendency on the good reports, political and economic, from South Africa. Reports of amalgamation helped Argentine rails and Mexicans were also patronised. The depression In consols con tinued, but this Is attributed to realizations In favor- of more profitable investments. Altogether while there was no great vol ume of business, general indications point to a more active market and a brighter condition during the current year than was anticipated BERLIN, March 1. Business on the bourse last week was without uny striking features. While values were generully firm, speculators were not ready for large operations In view of the uncertainty of the Macedonian outlook and tne money situation In London and New York. Tho annual statements of the great Joint stock bank continue to be published and do not satisfy the exaggerated expectations of tho market. Hence there were heavy realisa tion sales, which had the effect of depress ing quotations. Moat departments of the In dustrial market were firm, many shares scoring further rises. Outsiders continue to buy Industrials, being influenced by the re ports of improving business, but the Frank furter Zeltung assert that the improve ment In the situation has nlready been abundantly discounted In the present trans actions and it predicts a reaction very shortly. The monthly settlement passed off In the easiest way under the greatest abundance In money. This latter circum stance also Increased the demand for Ger man and Prussian loans, resulting In a moderate advance in quotations. Imperial and Prussian 3s were further aided by an Intimation that the forthcoming loans may be for leas than t7j.uoo.uiO. the sum orig inally Intended. These loans? according to a bourse rumor, may be postponed till May. Dry Goods Market. MANCHESTER. March l.-DRY GOODS Business in the cloth market during tho last week was difficult. All sections of tho buyers were very cautious owing to doubts as to the maintenance of values. thoiiKh a few orders were negotiater;. The disloca tions In the telegraph system due to the storm greatly Interfered with business. There were occasional sorting up transac tions with China In staples, as the en gagements In shirtings for India will soon run out. There were numerous offers, but they were mostlv Impossible of execution. Occaslonnl orders In moderate lines were placed. The minor outlets heliied In a f.tir degree, and there was a good undercurrent of trade with South America. Spinners tlrmlv maintained the quotations for yarns, which advanced in sympathy for cotton. Most users were In the home trade. Americans w re operated In cau tiously to meet urgent requirements. Philadelphia Produce Market. PHILADELPHIA. Feb. 28 BUTTER Firm and in good demand; extra western, 29c; nearby prints, 32c. EGOS Firm and In fair request; fresh nearby and western. 16c at mark; fresh southwestern. 15o at mark; fresh southern. CILEEs" Steady: moderate demand: New York full cresms, prime small, 1 t HVc- New York full creams, fair to good small. 13ai3c; :-rew Tr ork full creams, prime large, 14c; New York full creams, fair to good large. Yiic Geo. A. Adams Grain Go. GRAIN, PROVISIONS AND STOCKS. Members Chicago Board of Trade, St. Louis Merchants Exchange and Kan sas City Board of Trade. Room 224 Board Trade Btdg., Om&ka. Phones lout) and I0I7. J. R. Von Don, Vie President. Writs for our market letter and caan grain bids. ' P. B. Wears. Pres. C. A. TV are. Y-fTes, Established IMS. WEARE COMMISSION CO., CHICAGO Meiuuera of the Principal a.xcaai4s. Private Wire to All Points. CHAIN, PHOVilt, liOlhl, BO.KDS Bought and sold for cash or future delivery. OMAHA BRANCH, llo-lll Board of Trade, Telephone 1514. ... W. K. Ward. Juoeai lsaea