Nebraska Newspapers

    Tlir: CWAITA PAIIiY ?EKt MONDAY, MAKCII 30, 1003.
Mist B!anrh Stubh of Cotad won first bon
er, nil second pise by Mis Cora Ship
ton of Oothenburg. In apelllDg, Nell Kragh
of Lentngton won first place, and Miss be
1 Brlgg of Cozsd second. In th grsdes,
Roger Williams of Oothenburg won flrat
place In written text and Morris Lovering
of Lexington ascend. In oral teat, Morrla
learning, flrnt place, and Ml Gertrude
Merrltt, second place. Tha flrat places will
represent Dawson county In the dlatrlot
contest at Orand Island, Neb.
Rnr Hurt by Mora.
TABLE ROCK. Neb., March 29. (Special.)
aEugene Wood, th 12-year-old aon of Mra.
LIUIs Wood, waa the rtctlm of a runaway
accident when rlaltlng at bla grandfather's,
thras mile aouthwest of here, Friday after
noon, and ta a result Ilea at borne with
throe ribs broken and other severe bruises.
Ha waa riding near the placa of D. K. Mil
ler, on horseback, and was thrown from
th horse and dragged fifty yards or mora
through a grove of treea. and when rescued
waa carried into the Miller borne, sup
posedly ' dead.
Aarora Wasti Normal.
AURORA. Neb., March 29. (Special.)
There la quite little excitement here over
th prospeeb of Aurora being selected aa the
it for the new at ate normal. A mas
xneatlng ws held Friday evening In th
courthouse for the purpose of considering
th feasibility of trying to secure the same,
John Woodward, county superintendent,
otlng aa chairman. Committees were ap
pointed to taka active measures In raising
the amount required. Th attendance waa
Urge.
Nebraska t'nlvrrslty Notes.
The senior class of Friend, accompanied
by Principal MIm Helen Dorwart, visited
the university Friday.
The Ellen Smith memorial program will
t. held In Memorial hall on the morning
( April 24 from 10 to 11 o'clock.
The engineering society will give a ban
quet at the Llndell hotel Haturday night,
April 26. This will be the nret banquet In
the history of the society, but It will prob
ably be made a regular annual feature In
future.
Dr. D. R. Browsr of the Rush Medical
college, who delivers the commencement
adriren of the Omaha department. Uni
versity of Nebraska Colleen of Medicine,
on May 14, has announced his subject to be
'The Art of Medicine."
Major It. S Hnll of the radet battalion
Will leave the university May 16 to enter ths
Weat Point academy. Commandant Chans
announces that the vacancy caused by ths
departure of Major Hall wl,l be flllel by th5
captain of the oompany winning tha Omaha
cup.
Th following- will be the order of con
Tooatlon exercises for this week: Tuesday.
Prof. H. R. Bmlth on "Animal Husbandry;"
Wednesday, Hon. James Manahan on "The
Irish Question;" Thursday, Dr. H. C.
Bwearlngen of the First Presbyterian
church; Friday, music.
Tha thirty-first annual meeting of th
Nebraska t'hemtnal society will be held In
room 4 of the chemical laboratory Monda
evening, March SO. The program will con
sist of a discussion on "The Physiological
Chemletry of 1,'rle Acid." by Prof. A. C.
Stokes of ths School of Medicine at Omaha.
All Interested are Invited.
About 200 members and friends of the
three literary societies of the university
were present at the Intcrsoclety party held
In the art studio Friday night. The hall
waa decorated with feme and flowers. At
a stand In a remote corner delicious punch
waa served. Eirly in the evening Chancel
lor Andrews came In and spent some t!ms
meeting and conversing with the guests.
The first feature of the program was a
conversational course. Each one present
waa furnished a card with a list of ten
well chosen tonics for conversation. Op
posite each subject waa a blank for the
partner a name. No two of the same so
ciety were permitted to sign each other'a
card. The moment the bell sounded to
clnee the last discussion Hoy W. Clark
struck the chords, on the piano for the
rtrand march to begin, which was Indulged
n with great merriment. After the march
the guesta seated themselves around the
room and listened to the following pro
gram piano aolo, Mies Sargent; reading,
Kp(. Bat.' vlol,n ol. Mr- Husted; song.
Dalian Mnle quartetr trombone eolo, Mr
Cornell. During the progress of the prol
gram refreshments, consisting of Ice cream
wafers and randy, were served. The party
was a complete success and thoroughly en
Joyed by all.
RUSSIANS OPEN NEW CHURCH
Gorgeous Ceremonial la Presence of
Representatives of' Many cWnl '
tries Marks Dedication.
CHICAGO, March 29. With the pictures
que rite of a religion which has attained
all the opulent symbolism of ancient
Byxantlne civilization, the Rusalan ortho
dox church, which stands, a transplanted
bit of the old world, on . the corner of
Leevttt street and Haddon avenue, was
consecrated today. Five hundred Chicago
people, preaent a Invited guests, witnessed
the services, side by tide with the humble
and devout Slav peasants, who compose the
congregation.
The ceremony was performed by Rt. Rev.
Tlkehon, blahop of the Aleutian Islands and
North America, aided by twelve members
of the Russian priesthood from different
part of th country.
Russia waa represented officially by
Baron von Schllppenbacb, the consul;
Prince Kngalltcheff, vice consul; R. C
Hansen, first secretary of the embassy at
Washington; Captain A. O. Butakoff, naval
attache at Washington, and Colonel N. W.
Kaspohoff, military attache. The consular
representatives of all the European pow
org were also present to do honor to the
ciar. Bishop Grafton of Fon Du Lac paid
th reaped of the EplacopTan faith to the
eastern church by taking an aotlve part In
the eeremeny.
Throughout the service th Russian and
American flags waved on each side of th
.sanctuary.
WOMAN SHOQTS JEALOUS MAN
v r-
Enraged nt Laver'a Blow "he Malms
Hint and Then Kills Her-
;)
WICHITA, Kan... Merch 29. Enraged by
the abuse of Newton Oreen, a city employe,
Qcorgla Bentley, aged 2(, ahot him and
killed beraeK la their room la this city.
Oreeu was Jealous because th woman
waa rocelvjng the attentions of other men,
and when ha struck her aha grabbed a re
' voiver from under a pillow and ahot him
In the hip. 6 he then ahot herself through
the head. She waa the mother of two young
children..'. : .
A COUGH
CONUNDRUM
When is a cough more
than a cough? . :
When it's a settled cold.
When it hangs on in spite of
all you can do. Cough mix
tures won't cure it because
they are merely for a cough
and this is something more.
Scott's Emulsion cures the
coiigh because it cures the
something more. It heals
and repairs the inflamed
tissues' where the cold ha3
taken root and prevents its
coming back.
Wall scad yea a aaaapk wss spaa lean
COIT gOWKn, a mt Hew York.
MINING IN THE BL1CI HILLS
Proipactiiig ii Hot Interrupted by the Deep
Bnowi en the Trails.
BOOM IN CUSTER PEAK COMING
Several Oood Or Bodies tHseerered
Darin; th Winter Th Damage
to Iks Hidden Fortano y
Last Week's Fire.
DEAD WOOD. 8. D., March 29. (Special.)
Tha deep snows of last week, which
covered the trail throughout the mining
district to a depth of three and four
feet, ha not, seemingly, interfered with
the prospector and his work in the moun
tains. It haa kept thos who are develop
ing properties close to their ground and the
result ha been that more work ha been
don during the paat ten day than would
otherwise have been accomplished.
Partlea In from Raspberry gulch. In the
Ctnter Teak district, say that the work
In that neighborhood ha uncovered sev
eral good ore shoots, the material all being
of high grade from the standpoint of a cya
nldlng proposition. This district ha not
attracted much attention, but should th
report which are coming from there prove
true, thla spring will seer a great deal of
work don there and the Installation of
much machinery for th better working of
the mine. On the Fassold group of claim
two large shoot of aallclous or have been
exposed In th workings, both of them
carrying good commercial values. It la
too early to talk of putting In treatment
plants there, but the owners believe that
the developments now under way on th
ground will, before the aprlDg haa passed,
warrant them In making arrangement for
the erection of a treatment plant.
The Custer Peak company, which own a
largo acreage of ground In this vicinity,
haa kept a force of men engaged all of
the winter developing lt properties, and
ha met with flattering results, several
good ore bodies having been discovered. It
Is said that the company will Increase Its
working force Just so soon as the road
get In condition to allow th transportation
of heavy machinery to the different work
ings, and that th development will be
carried on on an extensive scale.
Daunnsj of Fifty Thousand.
The damage to th Hidden Fortune oom
pany by the destruction by fire of one of
Its shaft houaea and hoisting and air
compressor plant last Wednesday night
ill amount to at least $50,000, the de
struction to the timbering in the large
three-compartment working ehaft having
been greater than at first supposed. The
shaft will have to be retlmbered and re
equipped for a depth of at least 150 feet,
and some Idea of the coat of this work
alone may bo had when I. Is stated that
each of the three eompartmenta la 4V4x5
feet In the clear, timbered with squared
twelve-Inch acts and lagging.' Th com
pany' superintendent ha prepared plana
tor a new shaft house, which will be 120
60 feet, with a drying room for the us of
miner to change their clothe when com
ing off shift. The new building will con
tain a hoist capable of lifting material
from a depth of 1,000 feet; an air com
pressor plant, large enough to furnish
power t run twenty-five drills, and an
electric light plant for lighting the work
ings ' underground and the buildings. It
will be a much better plant than the on
destroyed, and work upon It will begin at
once, the machinery having already been
ordered. The destruction of th plant at
thla point will not interfere with the
starting up of the company' big mill on
Whltewood creek, below Deadwood, which
it scheduled for April 1. Thla plant wa
to have been In ope ration by the flrat of
th year, but a railroad accident. In which
great deal of the machinery entering
Into Its equipment was destroyed delayed
the completion of It. It will be started on
the first, so the management ay. aure,
and It la expected that the Initial run of
the big plant will meet with th expecta
tions of thos Interested; at any rat the
people of the Hills will be disappointed
should it not do so.
I P. Jenkins of Lead wilt take posses
sion of the United States assay office In
thla city on the first of Che month, re
llevlng P. J. Mtnlter of Chicago, the pres
ent superintendent. Mr. Ml niter haa made
an cfflclent .oOlclal and while the people
are sorry to see him go out of office they
have always felt that th position was one
which belonged to the Black Hill and the
appointment of Mr. Jenkins of Lead ha
been a moat popular one. especially with
the mining men of th country. Mr. Jen-
kin will retain the prent office force.
Vincent Succeeds .Clinton.
N. W. Chapman ha resigned the post
tlon of superintendent of the Portland and
Clinton Mining companies, and haa been
tucceeded by H. 8. Vincent of Deadwood.
Under the management of Mr. Chapman
both of the companies hav been Tory auo-
cessful, and a th now superintendent is
a man of experience and practical mining
knowledge, th companies will lose noth
Ing by the change.
The Qolden Reward Mining company la
mining on an average of 250 ton of ore
a day from It four mines near Terry, the
Tornado, Double Standard, Fannie and Sun
dance. Of this amount 150 tons a day are
being ahlpped to the company cyanide
plant in Deadwood, while the balance la di
vided between th smelters at Denver and
East Helena, Mont. The high grade orea
are being ahlpped to the smelter, while
the lower grade are being sent to th
cyanide plant at Deadwood for treatment
The cyanide plant of the company has been
running eontlnuoualy, although but part of
the stack capacity of th big smslter of th
company ha been Idle since tha labor
troubles of hut "rear. 'It ta -said that th
company may again ' atari up the amelter
at It full capacity -before long, the rich
smelting ore which haa made the mine
of th company famous occurring In larger
bodies and with higher value.
Ex-General Manager Hoi brook .' : of the
Horseshoe Mining company Is out In a cir
cular to the stockholders of the concern,
In which he endeavors ta place the blam
for th present tangled shape of the com
nanv'e affairs Uson the shoulders ot tha
new management. It Is interesting reading
for the stockholder, but poor consolation.
Th new management, however, appears to
be In earnest with the reforms which It
propoaea to Inaugurate, and tha Hill
people have hopes that It will pull th
company through all right, but know tha
It will ,tak a good long time to remove
from it operation th taint of "get-rlch
quick."
Grlaaley Bear te the For.
HILL CITT. 8. t., Maroh 29. (Special.)
The Urtasly Bear Mine, Ave mile east
from HIU City, which In the early 'to wa
worked by Robert Flormann, and which on
the surface produced a great deal ot rich
ore, will again become an active producer
shou'd th plana ot th Lacotah Mining
eompan, whios now haa possession of th
ground, not fall through. Mr. Flormann
worked th mine In 180. treating the ore
which he took from It In a one-stamp mill
crushing about three or four ton a day. H
waa particular aa to th quality of th ore
he worked, taking nothing but th richest
and hunting for tt all of the time, paying
no attention whatever to th development
of the property, and th result wss that
ha aooa I oat the vein and not havlag the
means or th facilities at that time to
engage In a systematic search for It, he
abandoned work. He simply worked the
or ear the surface, and took only what
waa easy to get out. The property last
yesr csme Into the possession of the La
cotah Mining company, the principal stock
holders of which are Peoria, 111., men and
since that time it haa been receiving sys
tematic development. The work haa dis
closed a good vein of ore at a greater
depth than th rid workings, which car
ries ore free milling tcr the greater part,
but with some of the values not amenable
to amalgamation. The vertical la a strong
one, and all of the vein matter will pay to
run through a atamp mill, the values which
woul be lost at present not amounting to
much, but as the experience of all who
have followed mining In this district shows,
that the ore In the mines grow refractory
with depth, the company will probably dls
msntle the present little mill and bjlld a
new one of twenty or forty stamps, and
mak arrangements to retreat the tailings,
probably by the cyanide process. The prop
erty is regarded by all who are familiar
with it as being one of the best In the
neighborhood, and with the proper kind of
a treatment plant Installed should be made
a paying proposition.
Hely Terror's Keystone Vein.
The Holy Terror Mining company at the
preaent time Is devoting Its attention to a
thorough exploration of the Keystone vein,
which was struck In a drift from the 00
foot level of the Holy Terror. It Is re
ported that Important ore disclosures have
been made In the workings, sufficient, in
fact, to keep the mill of the company work
ing for an indefinite period. The menace
ment of the company Is now in good hands
and when ths mill doea start up again It
will be worked to the profit ot the stock
holders. The Clara Belle company has purchased
the hoisting plant of the Edna Exploration
company of Garden City and will move It
to Its ground near this city. The plant will
be Installed at the. new working shaft of
the Clara Belle, which has been following
the vein, and which now haa reached a
depth of 190 feet. The hoist will be used
to take material from the shaft, which st
the present depth Is In ore, and will te
ult In the company's mill again rlarting
up. The' ore of the Clara Belle is very rich,
and if It Is possible to save all of Its
values by the free milling process It should
prove to be another Holy Terror.
FlndlnsT Coal Near Whltewood.
WHITEWOOD, S. D., March 21 (Spe
cial.) A diamond drill haa been put In
operation south of Whltewood for the pur
pose of exploring the lower formations for
coal. T. E. Peters has lately secured con
trol of 2,000 acres of land In the vicinity
of Whltewood and will continue hla ex
plorations during the coming spring and
summer. The formation Is right for coal,
while the indications In numerous placea
are good. Quantities of lignite have been
found clos to the surface, but It la be
lieved that at a greater depth a good grade
of bituminous coal will be found, which
can be easily worked from the surface. The
discovery of a deposit of coal so close to
Lead and Deadwood would mean untold
riches for its lucky finder, being a better
paying proposition than the boat gold
mine.
ROCHFORD. S. D.. March 29. (Special.)
The work of moving the machinery from
the railroad to. the ground of the Co
lumbia Mining company In the Hornblende
district Is going ahead, despite the bad
roads, and the management hopes to have
It In place during the next month. The
Columbia owns 600 seres of land near
Rochford, in Pennington county, part of
tt being on 8llver creek and part on Castle
creek. The company has started a shaft on
free milling vein, and has already sunk
tt to a depth of 180 feet. When th new
machinery '1 Installed this shaft will be
sunk to the 200-toot level, a station estab
lished and drifting along the vein begun.
The Columbia at thla point has a good vein
of ore, a part of which carries better than
average values, and It Is probable that
arrangements will be to ado to erect a mill
upon It this year. A party of the stock
holders, chaperoned by the officers of the
company, visited the ground this wuek and
Inspected the property.
TO CI HE A COLD 13 U.1B DAY
Take Laxative Bromo Quinine Tablets. All
druggists refund the money It it fails to
cure. E. W. Grove's signature on each
hoi 25c
IMMIGRATION PASSES RECORDS
Sixty-Four Thousand Intending Set
tlers Land at New York In
Month..
NEW YORK, March 29. Immigrant ar
rivals at Ellis Island today broke all
records for Sunday. By nightfall, when
Commissioner Williams' staff had sifted
through ths great mass' brought in by
Philadelphia, Campanta, Savole and Graf
Waldersee, It was found that 4,569 had
passed the chutes and were either speeding
to tbelr new homes or awaiting further In
vestigation in the detention eompartmenta.
This Is the beginning of the rush season
for immigrants and thla year's record Is
expected to exceed all others by many thou
sands. During March of last year 54,000
foreign born persons were passed through
the bureau. This year March, with two
days yst to coma, baa brought 64,000, while
tomorrow and Tueaday will add perhapa
10,000 to the list.
SKYSCRAPERS ARE MENACED
Chloas Strnetnral iron workers
Threaten Strike for Rejected
Increase.
CHICAGO. March 29. structural Iron
workers, the men who build ths framework
ot skyscrapers, threaten to tie up building
operations In Chicago with a general strike
on Wednesday becauss the contractora
have refused to sign an agreement grant
ing them 60 cents an hour, or an Increase
ot 10 per cent In wagea.
At a meeting tonight the union appointed
a committee to meet me contractors to
morrow and If the scale la not signed It
wa agreed that a atrlke 1 th only al
ternative. FAMILIES FIGHT FATAL FEUD
Three Are Killed and Two Keceive
Injnrtes In Keatstky
Vendetta.
LEE CITT. Ky.. March 29. In a fight to
day between the Howard and Maua families
of Morgan county, Nicholas Strickland waa
killed and Charlea McCormlck and Clay
Roaa were fatally wounded. William Mau
and Robert Howard were alao wounded.
Miners Get Raise.
JOHN8TOWN. Pa., March 29.-rThe Ber-
wind White company of Windber, employ
ing 4,000 miners, has posted a notice of an
advance of wagea to machine mlnera of 12
per cent. Motormtn Increaae from 24 to SO
cents an hour. Rpraggera increased from
20 to 26 cents per hour. Labor, 10 per cent
Ths new scale goea Into effect April X.
Prints Maarte Press Messages.
LONDON, March SO. Ths Times this
morning publishes two dlspatchea from New
Tork. which It announces were transmitted
by the Marconi system of wireless teleg
raphy. Tha dispatches contained about IkQ
words.
PLANS FAIR DEDICATION
St Louis Board Arrange Program tot
President's Visit.
MASSED TROOPS TO PARADE STREETS
Sonars, neecheai Ralntes and Military
Parade Will Mark First Day of
Elaborate Ceremonial at
Exposition.
ST. LOUI9, March 29. The program for
the three days' dedicatory exercises ot ths
Louisiana Purchase exposition wss sdopted
this evening.
The dedication of the buildings will begin
on April to, on the centennial anniversary
of the acquisition of the Louisiana terri
tory by France, and continue through May
1 and 2.
The principal ceremonies will be on April
SO, when President Roosevelt and former
President Cleveland will be among th
speaker. At 10 on that day the freedom of
the. city will be tendered the president of
the United States by Mayor Wells. Then
will follow ths military parade, composed
of United States troops and National
Guards of various states. These bodies
will be assembled under the direction of
General Corbln, the grand marshal, and
will move, preceded by ths president and
official gueats In carriages, through Forest
Park to th exposition grounds, where the
presidential salute will be fired. From a
grandstand on the exposition grounds th
parade will be reviewed by the president.
Promptly at 2 the assembly In ths Liberal
Arts building will be called to ordor by
David R. Francis. Th ceremonies will be
as follows:
Invocation by Cardinal Gibbon.
Introduction ot Hon. Thomas H. Carter
ot the national commission, president ot
the day.
Grand chorus, "The Heavena Proclaim
ing." Presentation ot the building by Presi
dent Francis.
Dedication address by the president of
the United States. .
Chorus, "Unfold, Te Portsls.'"
Address by Hon. Grover Cleveland.
"America," with full chorus and band
accompaniment.
Prayer by Bishop E. R. Hendrlx.
Benediction by Rt. Ret. Henry C. Potter.
Centennial salute ot 100 guns.
On the morning of the second day mem
bers ot the diplomatic corps, the represent
atives ot foreign governments to the ex
position and other ' official guests will be
escorted to the Liberal Arte building,
where Corwln H. Spencer, chairman ot the
commute on ceremonies, will call the
meeting to order. John M. Thurston ot the
national commission will be president of
the day. President Francis of the exposi
tion company will extend a greeting to the
representatives of the foreign governments
and there will be addresses by th French
ambassador and Spanish minister.
The civic parade will be held on the third
day and will be reviewed by the governor
of statee. In the afternoon William H.
Thompson, chairman of the committee on
grounds and buildings, will call the meet
ing to order and William Lindsay of the
national commission will act as president
of the day. Governor A. M. Dockery of
Missouri will deliver an address ot wel
come, which will be responded to by Gov
ernor Odell of New York. Immediately
after ths does ot the ceremonies the gov
ernors will proceed to the buildings re
served for their respective - states, where
cornerstones will belaid and atate colors
will be raised with appropriate exercises., -
DISPUTE PENNELL POLICIES
Insurance Companies Hesitate toPoy
Cash Dae on Bnrdleto Sns
pect's Life.
BUFFALO. March 29. Tomorrow morn
ing Judge Murphy will reopen the Inquest
Into the death of Edwin L. Burdlck. Three
or four witnesses will bs sxamlnsd and
the Inquest will be closed.
Alexander J. Qulnn and F. O. Hall King,
respectively bartender and cashier of ths
Hotel Roland, New Tork, In whoae pres
ence. It Is alleged, Arthur Pennell threat
ened to kill some one, arrived today and
wll) be the first witnesses called. The
clerk In Walbrldge's hardware store who
sold Pennell a revolver on the morning
after the murder may be called to tell
what they know about Pennell's strange
actlona on that morning.
After the Burdlck Inquest ts closed the
official Inquiry Into the death ot Pennell
will begin. District Attorney Coatsworth
will be present during the examination ot
witnesses In the Pennell Inquest, but Judge
Murphy will conduct ths Inquest and ques
tion witnesses from the bench.
Former District Attorney Thomas Pen
ney will represent the Pennell family.
Several attorneys representing accident In
suranco companies In which Pennell wa
Insured will be present. It Is known that
aoms of them are 'inclined to contest the
payment of pollclea.
Pennell carried $35,000 In accident inaur
ance, none of which has been paid. Bealdes
that, hla Ufa was insured for $215,000. Th
policies, with one exception, were taken
out four or five years ago. Ths suicide
clause gives ons year from the data of Issue
as the term during which the Inaurance, if
death was by suicide, would not be pay
able. Of ths $185,000 Insurance which la
lncontestlble four policies amounting to
$30,000 have been paid.
Hip Thorn la tbe Bod.
If you havs loss ot appetite, headache,
constipation or biliousness take Electric
Bitters. It cures or no pay. Only BOe.
For sals by Kuhn A Co.
MORGAN PLANS BIG ART GIFT
Proposes to Balld Gallery and Present
Trensnres Anterlenn
People.
NEW YORK, March 29.--Thers Is sxcel
lent authority for stating that J. Pierpont
Morgan Is planning to build a splendid art
museum and present it to the American
nation. The most valuable of his treasure
ars now abroad, scattered over continental
Europe and England.
"This much can be said definitely," aald
ons ot Mr. Morgan's friends, "that Mr. Mor
gan has not made his vast collection with
a view of keeping then) secluded for the
personal enjoyment of himself and bis
friends. He is planning to house all hi
collections In some one placa, and It 1
llktly ths grt museum of art which h
No Dessert
More Attractive
Why use gelatine and
spend hours soaking,
sweetening, flavoring
and coloring when
Jcll-O
rroduoes better results in two minutes
Everything in ths package. Simply add hoi
water and set to oool. irs perfection, asut
Dhae to Uie housewife. No trouble, leas eg.
pense. Try It to-day. In Four Fruit Fla.
vorst Lemon, Orange, Straw berry, Basp
berry. At groosrs, luu.
A)tUrQ
wilt establish will be -offered as a gift to
the Amerlcsn nation."
SUPREME COURT SYLLABI
. The following opinions will be officially
reported :
inf-67. Fa&kncr against Simma. Appeal
from Harlan. Former Judgment modlnel
and adhered to, pound. C. lrivtelon No. x.
L In peeping on findings of fact upon ap-
real the reviewing court should go over all
he evidence and reach Its own conclusion
thereon, giving such weight to the deter
mination .T the trial court as to credibility
of wltnerees and its rinding on conflicting
evidence as, under all the rircernntance
ef the cae, the nature of the evidence be
fore the trial court, and that court a spe
cial opportunities, if any, for reaching a
correct solution, such finding may be en
titled to.
2. In ordinary raees, where the evidence
Is entirely oral and the trial court mav be
presumed to have had a general local
knowledge of tbe partlea, the witnesses and
the subjects of controversy, the lindlng of
the trial court la often entitled to almost
decisive weight.
5. A finding on conflicting evidence In
such cases will be adhered to unless clearly
wrong. But if clearly wrong It will be set
alde, notwithstanding there may be sme
competent evidence In support thereof. Sey
mour v. Street, 6 Neb., 85, approved.
4. Dicta In prior opinions of this court
with respect to review of findings of fact
explained and qualified.
a. The statements that the reviewing
court will not "weigh conflicting evidence
that It 'will not review findings on con
flicting evidence" and that ' findings on
conflicting evidence are conclusive," hi an
nounced obiter In several prior decisions,
disapproved. ,
6. where a finding Is based largely upon
depositions or written testimony, as to
Which the trial judge has no special ad
vantage over the reviewing court, the rule
that his findings will be adhered to unless
clearly wrong does not apply with the Sams
force.
1. Hot In such case. If the oral testimony
Is evidently the basis of the finding or the
written testimony relates to matters as ta
which tha trial Judge Is better able to
reach a satisfactory conclusion than the
revlewrlng court, the rule may be applied.
Male v. iJahlgren. NeD., N. W. Rep., 632;
f irst National Bank v. Waldron, 6u Neb.,
. If the evidence before the trial court
s entirely written and relates to matters
as to which the trial Judge Is In no better
position to reach a correct solution than
this court, the rule has no application, and
this court ehould be governed by its own
conclusion as to the weight of the evidence.
9. In furtherance of justice, where a
finding la set aside on appeal and the for
mer trial was unsatipfactory. Instead of
entering or directing a new decree, this
court will remand the cause for further
proceedings.
11M3. National Aid Association against
Bratcher. Krror from Clay. Former Judg
ment adehered to. Albert, C. Dlvlsijn
No. 8.
12075. Peycke' against Shlnn. Error from
Doua-las. Reveraed. Albert, C. Division
1. Where It Is sought to establish a con
tract by letters, there must be evidence
tend ng to prove that they are In the hand
writing of the defendant, or that they
came from him or his authorised agent, or
were received in due course of mail In
answer to letters duly mailed to the ad-
.88,.f ,he Pr,y sought to be bound.
5. Ordinarily to Justify the receipt of a
copy of a private writing In evidence it
mupt appear that it is a true copy of some
writing, admissible In evidence, which has
been lost or destroyed or whleh In In the
fossemlon of the adverse party, who re
uses to produce It upon due notice.
8. If a message to be sent by telegraph it
not reduced to writing by the sender he
makes the company his agent for that pur
pose, but he is not thereby estopped to
deny that a paper offered in evidence was
In fact reduced to writing by the telegraph
company or delivered as his meetage.
4. Where deposition are withdrawn from
a case to entitle them to be read on the
trial they must be reflled tn accordance
w." f! -!h Provisions of section 387, Code
Civil Procedure.
5. In this state the taking of depositions
Is regulated by statute, and there Is no
provision which requires leave of court fo
entitle a party to take a second deposition
of the same witness for use In the came
case.
Iii3. Vila against Orand Isfhnd Electrlo
Light, Ice and Cold Storage Company. Ap
peal from Halt, Judgment. Lobingler, C.
Division No. 1. '
1. A receivership Is a purely ancillary
remedy and cannot be maintained In a
proceeding Instituted solely for that pur
pose. S. UnlesS expressly authorized by statute
a court has. no Jurisdiction to appoint a
receiver- corporate property upon grounds
which would not' be-sufficient were the
owner a natural person.
a. a receiver cannot be appointed at the
instance of a mere mortgagee for property I
not covered by the mortgage.
4. Jurisdiction to appoint a receiver of
corporate property cannot be conferred by
i.Jnere eorm"'t of the corporation where
neither equitable nor statutory grounds
exist and. where other parties whose right
f SSf'PJ d hav 1ot been notified, nor is a
--"iii-iuuen oy sucn an order.
124d5. Relschlck aaalnst ir..
from Richardson. H
Division No. . . '
1. The county court hm .in.i,,.
Jurisdiction of all probate matters, and
where the relief Bought by an action is
such ss the county court, In the exercise of
V. .i .lc juriBuicuon. might grant, the
! A C .ci?ur. aa no """'K'nal Jurisdiction.
. ' ,"" ;" iea, neiu tnat the dis
trict court waa without Jurisdiction to con
strue a will and order distribution
12498. William ln.t t.iih i .
froin Oage. Affirmed. Ames. C. Dlvlelon
no. j.
The proviso In section S, chapter lxxvilt,
have not been used within five years shall
be deemed vacated " wn int.n.u A t..
exclusively to roads that had not been use!
w!u .ve year before the enactment of
v. ' it awiion.
12646. Modern Brotherhnnrt r im.,i..
against Cummlngs. Error from Buffalo.
Affirmed. Klrknatrlrk. C rlvilnn kj i
wher an ineuranee company denies all
liability on a policy, basing Its refusal on
the ground that the loss or Injury Insured
against has not occurred, the Inmirerl m.v
bring an action thereon vuhnut mniiin.
for the expiration of the period limiting th.
ttms wlih'n
brought.
which an action may be
2. In an action on an accident insurance
policy .plaintiff aliened the accidental
breaking of his arm. The theory of the de
fense waa that the arm had not been
broken, and resistance of the claim waa
based upon this ground. Held, that It waa
not error to exclude evidence that the ac
tion was prematurely brought unrfnp th.
terms of the policy.
1. 'tne evidence that proors of lose or In
Jury Under an insurance policy were duly
iui iiipuou uvuig unumpuiea, vne aerendant
at no time uritlna tha railur tn rnrni.h
such proofs, litigating lta case upon the
merits, an Instruction purporting to state
the essential elements of plaintiffs proof
will not be held erroneous for omitting to
mrnuun ing necessity 01 ruing i) roots of
loss.
4. Affidavits addressed to tbe trial iiif
after Judgment on a motion to amend the
reporter b notea or the evidence cannot be
considered by the appellate court in the
r.bsence of a ruling by the trial court on
such motion. ,
6. An accident Insurance noltcv nrovldnri
that In case of death resulting from an ac
cident the beneficiary would be entitled to
the full sum of one regular assessment
upon all members of the aeeoclatlon in
good standing-, not to exceed n,l In
case of the aocldental breaking of an arm
or leg the insured would be entitled to one
tenth of tha aum which the beneficiary
would have received In case of the death of
tne insured, in an action on the policy,
.3glng the accidental breaking of au arm.
lue plaintiff asked a witness If he. knew
how many members the defendant order
had. Objection tnat the testimony was
Immaterial and Irrelevant waa sustained
Ths defense waa based solely upon the
ground that the accident aa alleged had
never occurred. An Instruction authorised
the jury If they found for plaintiff to anses-i
his recovery at tne run sum 01 . Held
that the absence or proot as to the mem
bershlp of defendant would not warrant
the aettlng aside of a verdict In that aum.
(. A Judgment will not be reverse! except
for error prejudicial to tne party complain
Ini affirmatively auDearina In the rec rd.
f. Instruction examined and held not er.
roneous.
1-4 75. Harker against Burbank. Error
from Burt. Affirmed. Ames, C. Division
L Under the provisions of section 29 of
the Code of Civil Procedure, a Joint oblige
In an appeal bond may maintain an action
ih.r.nn In hla own name without Jolnlns
the other Joint obligee, where he alleges
and provea that he haa purchased the in
terest of bis Joint obligee, is the owner 0
the bona ana
therein.
2. Where such an allegation la contained
In tha netltion and Is denied by the anewer
the plaintiff must prove the facts so alleged
by some competent evidence an-1 failing to
do so n cannoi maintain ins iuuu.
X In such a cuss nlalnlirf having Intro
duced all of his evidence without proving
such allegations, 11 is noi error lor ins
fourt to .iirect a verdict for defendanta.
4. The propriety of allowing the plaintiff
under su-h circumsiancee to wunoraw
lurur and continue the case in ordir tu ob
lain further testimony is a matter renting
in th sound discretion of tne court. Viols
v 3fi Kth.. id).
I. Tne record of the trial court examined
and held ttuit tbe court was not guniy o
an abuse e' discretion In refusing sucn
t request.
t
RATIFY TREATY BY CABLE
Washing od and Cuban Official! Decide to
Break Through Precedent
BOWEN READY TO RESUME NEGOTIATIONS
Hopes to Dlsenss Final Protocols with
Three European Powers Allied
Against Veaesnela Dnrtnn
the Present Week.
WASHINGTON, March 29. Although
somewhat out ot the regular order the ex
portation Is that Informal exchanges ot
ratification of the Cuban treaty will "bs
made tomorrow or Tuesday by telegraph,
so aa to meet the requirements that rati
fication shall be complete by the list.
Formal ratification by the usual method
will bo exchanged later. Minister Squires
haa notified Secretary Hay of the action ot
the Cuban senate In ratifying the treaty
yesterday.
Venesnelnn Talk to (ssllsse.
Mr. Bowen hopes to begin work during the
present week with the diplomatic repre
sentatives , ot the Venezuelan blockading
powers on the protocol for sending to Tbe
Hague tribunal the question ot preferential
treatment In the payment of claims.
Mr. Bowen heretofore has submitted to
the British ambassador the draft of the
protocol, a notable feature of which is that
the ctar shall name the members ot the
court. It is known that the allies Intend to
offer some amendments, but their nature
has not been made known, although one of
them is believed to be regarding the prop
osition relatives to the czar, as there la
thought to be some objection on their part
to that monarch naming the member of the
court. Mr. Bowen la anxiou to have the
work completed a soon as possible and will
urge this on the allies' representatives.
According to the terms in the protocol of
February 13, the first payment of the 30 per
cent of the customs receipts of La Ouayra
and Puerto Cabello for the month of March
is to be made to tho representative of th
Bank of England at Caracas on April 1. j
This will form the nucleus ot ths fund with
which the claims ot tbe various nations
that ars adjudicated by the mixed commls-
sions which are to sit at Caracas are to be
paid.
President's Family -Will Crnlse.
Mrs. Roosevelt and her children will take
the projected cruise on the president's 1
yacht, Mayflower, during the coming week. 1
They bade good bye tonight to the president,
who leaves on his western trip on Wednes
day morning, and then boarded Mayflower, '
which has been lying at the navy yard here
for some days. The vessel has been en
tirely remodeled recently and is In fine
condition. Mrs. Roosevelt expects to be ab
sent about a week. If the weather is good i
the vessel will go out Into the open sea,
the first stop being made at Port Royal,
C. If the weather condltiona prove un
favorable. Mayflower will cruise In Chesa
peake bay. The start from ths navy yard
will be made early tomorrow morning.
Ketchnsa Still Weak.
The condition of Representative Ketcham
ot New York, who has been sick for about
week with acute Indigestion, remains
about the same. He is still weak and un-
ble to take nourishment. The physicians
believe that In a week or ten days hs will
be able to leave his bed.
CZAR TAKES PEASANTS' DEBTS
Shoulder Oppressive Bnrden of Tax
ation as First Btep la Re
form Movement.
LONDON, March SO. The 8t. Petersburg
correspondent of the Dally Telegraph say
the measure for the relief of the peasants
outlined In the csar's recent reform de
crees are already being carried out.
Arrears of taxes amounting to about $57,-
000,000 have been oanceled, and overdue
taxation exceeding $45,000,000, which the
peasants owe to ths district authorities,
has been assumed by ths central govern
ment. Other measures alleviating the bur
dens on the peasantry ars expected to be
adopted shortly.
MRS. MILES JS TAKEN ILL
Attacked with Henrt Tronble at West
Point and is Carried Into
Hotel.
NEW YORK, March 29. It Is learned to
night that Mrs. Nelson A. Miles, wife ot
the lieutenant general, was taken ill with
heart trouble at West Point on Saturday,
and had to bo oarrled to her hotel.
General Miles was telegraphed for and
arrived from New York today. Mr. Miles
Is much Improved today, though stUl con
fined to her bed.
PRAY RAIN TO STAY FLAMES
Virginia Flro Gets Beyond lloaaan
Control and People Cry
to Heavena.
CUMBERLAND, Md., March 29. A firs
has been ragln- for soma days on Mount
Pasagh In Clay county, West Virginia, and
Is assuming such a threatening nature that
the people in that locality are praying tor
rain.
Ths village of Clay Is report! to be In
Imminent danger of destruction.
DIES IN SQUIRREL QUARREL
farmer Shoots Companion Dead in
Row Over Quantity of
Rodents.
CUMBERLAND. I. T.. March 29. Luthsr
May and William Lindsay, both farmers
quarreled over a quantity of squirrels today
and Lindsay shot May dead.
Lindsay surrendered and assert be fired
In self defenss.
HOLDUP MEN FREEZE VICTIMS
Lock Saloon Patrons ta le Bos While
They Arc Looting; Kanaas
Bar.
ATCHISON, Kan.. March 29. Two masked
robbsrs held up three men In Oeorge
Keene's saloon at East Atchison at mid
night and after securing $100 and some
Jewelry locked them in th ice box snd
escaped In a stolen rig.
Many May strike in Sympathy.
NEW YORK, March 29. A question arose
today In the Central Federated union on
the advisability of calling out the engineers
Bremen and brewery worker In a final ef
fort to assist ths horsesboers to win their
strlks. Ths borseshoers havs been out tor
seventeen weeks, and ars making no bead
way. A committee had been appointed to
wait on the brewers, and Delegats Kelly
reported they bsd met with a (1st refusal
Ts Cs2 2 D222
Take Laxative Brosoo Qiikaaa Tablet
on very
yrvtn' bo. 25
Doing a Large
Business
usually means assuming large
risks too large to be a safe
burden upon an individual
estate.
Wise business men carry
special insurance to relieve
their personal estate of this
risk. All such will be in
terested in "A Hanker's Will,"
containing the instructions of
a New York Hat:k President to
his trustees regarding invest
ment of his personal estate.
A f 1 ,000.000 policy is another insurance
romance of special application to men
of affair, described la "The Largest
Annual Premium.
Send today for bntk puar-hltts.
1 hit Company ranks
irj In Amii.
Firtt In Amouai Ptla Policy-holders.
First 1 Ag.
The Mutual Life Insurance
Company of New York
Richard A. McCussv, Pmidant.
Nassau, Cedar, William and Liberty Sta,
New York, N. Y.
FI.EMIXO DBO., Manaacers,
Omaha, Nebr. I)s Moines. Iowa.
We five written
contracts to cure
Diseases and Disor
ders of Men, or re
fund money paid.
Many cases taken
SS.00 per month.
VARICOCELE, HYDROCELE
vre In I ?. without tultlns. ! or lost ol
Mm. Ical (urnte 10 car you or money rofunae.
C VDUII IC ,or '' " ,h rloon ther
J ll fllLIO onhlr rleoasea from tke srotem.
Bom otoit in an amptnm aiaapprari eompltuir
an (orarrr. Ne "BHUAKINO OUT" ot tho dli
m on tbe sktn or fo-e. TrMlnont eoautns so
Aanseroua Snisa or Injurious medicines.
I'iCIV tiKU front giceam or VICTIMS TO
If CfilV Itllin NKRVOt'8 PKBIUTT OR XX
HAISTION, WASTINO WKAKNKSS. with XAS1.T
DBCAT In TOVNO an KluftLR AUBD, Urk of Tim,
visor an stronriti, with orssns Impairoa ana weak.
Curro fWftltMt.
CTDIftTliOC eorod with a new koine tnat.
dlillulUilk . rln, ao Sotestios
from buitncoa. ' .
IJRINARV. Kidney snd B14dr Treublom, Who
fcaok. Burning Vrlno, FraouracT ot Urinating. Vrltis
Hlsh Colored, or with milk? aaolmont on staadlna
Consultation Pre. Treatment by Mall,
Call or address. Cor. 14tn A Donates.
DR. SEALES &SEALES. Omiha, Nib.
DR.
r.lcCRfeW
SPECIALIST
Treats all forms ot
DISEASES AND
DISORDERS OP
MEN ONLY
17 Years Experience.
17 Years In Omaha.
Uls remarkable suc
cess haa never been
equaled and every day brings many natter
ing reports of the good he Is doing, or the
relief he haa given.
Hot Springs Traa tirint for stills
And all Blood Poisons. NO "BREAKINO
OUT" on ths skin or face and all external
signs of the disease disappear at once.
BLOOD DISEASE rsxs MM
VARICOOELEiVTs.10
OVER 30,000 ous debility, los of '
vitality, unnatural discharges, ' Stricture.
Gleet, Kidney and Bladder Diseases, Hy
drocele. ,
QUICK CURES LOW CHARGES.
Treatment b mail. P. O. Box 76. Office
aver Xtf B. 14th straot, between Parnam and
Xmuglas streets, OMAKA, aUi.
AMt 8U1HENT8.
RESERVED SEATS
FOR THE
Ak-Sar-Bcn
Musical Festival
AJ THE DEN
MAT T, 8, O AND 10. .
On Sale Monday, March 30
at H. J. Penfold Ca's, 1401 Fsrnam
Btrset
SEASON TICKETS $3.50
for th six concert.
Th Chicago Symphony Orchestra
and a Choru of 100 voices thres
night and two matinees May 7. t, .
Fnll Metropolitan Opera Honao
Orchestra of Hew Tork
J, 8. Dun, Condnotor.
NORDICA AND
DE RESZKE
On EvenJng-May IS.
j
BOYD'S! wooJMagor'"-
TONIGHT
IN THE
ii
O'NEILL
1?
.Uriel.
Prices: Hie, 60c, 76o. fl.OO, ll.M.
TUE8DAT, WEDNESDAY MATINEE
AND NIOHT.
-A TRIP TO fHINATOWW."
Prices: Mat Zrc. 60c. Night 25c, JOe,
T5c, I1.O0.
FRIDAY AND HAT1RDAY MATINEE
vii viriHT
FHANtIS Wll.MIN in Ibe "TOHEADOH"
!... u.ilnM and NIvht ZSc. 51 c. 76c.
$1.(M, $1.60. Positively no tree list.
OsmtHTON
Telephone 11131.
Matinees Thursday, "aturday, Sunday 1:16.
Every Night :16.
High-Class Vaudeville.
RENO AND RICHARDS FIjORENCH
KINDLE V-RYAN AND RICHKI KI.D
I.OCIH MONTROSE FHANCO 1'11'BK
SAII.OR AND BARBETTE-AND THE
K1NODROME.
. Prices 10c, I5c, 6uo.
Lecture on
CIIMSTIMI SCIENCE
BOYD'S THEATER
Thursday Evening, April 2nd,
at 8 O'clock, by
Carol Norton, C. S. D. of Hew York.
Member Chrlstlsn Science Board ol Lec
tureship of ths First Church of Christ,
Sclertlat, Boston. Admission free. '