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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 1, 1903)
THE OMATTA DAILY I.EE: AVEDXESOAY. APIUL 1. 1f03. a r ARGUMENT IN L1LLIE CASE W.rrun Oonvio'.i of Murder Aiks Court to Grant a New Trial. ASSERTS JURY WAS A PRIJUDICID ONE Also lasleta Case Wn Improperly Tried Araament oa the Mnlloa Will Require at Least Another Da. DAVID CITY, Nob., March 31. (Special.) There wi a large attendance In the dls trlct court this morning when the hearing on the motion (or a new trial In the blllle murder cane was called. Mra. LI 1 lie was brought Into court at precisely 8:20 o'clock. Sho wag accompanied by her parenta, Mr. and Mra. Jsmes Hill, her daughter, Edna, ber two sisters, Mrs. Grtslnger of Bellwood and Mrs, Sutton, who t .sides In Michigan; her brother, D. M. Hill, also Sam Llllle, brother of the murdered man. Mra. Llllle p-esents much the same ap pearance aa she did at the trial of the case, only la much more pale, presumably from ber Incarceration for nearly one month. H ir mother, Mra. Hill, occupied a aeat by her aid and waa constantly weeping. Many were the e.-.pressions of sympathy for tha broken-hearted mother. Judge flood announced from the bench thit a woman had handed him a letter. Ha had read Just a small portion of tt, saw the purport of It and handed the letter to County Attorney Evans, and stated that counsel could take such action as they deemed necessary and proper. Judge Good tated that ho wag not here to try the case on the opinions of the public, or of any In dividual, but purely and aolely on the evi dence and the law. Attorney Aldrlch of counsel for the de fendant said: "This Is one of the principal feaons we are here asking for a new trial, tbsse outside Influences." The contents of the letter waa not made knrtwn, but from the remarks of Judge Good It waa no doubt for the purpose of Influencing him In the consideration of the motion for a new trial. Several of the Jurora In the case were In tljo audience and were very much Interested In the arguments. County Attorney Evans represents the state alone; Senator Hast ings' duties at Lincoln would not permit him to "bo present. The defendant Is rep represented by the attorneys who tried the case. Matt Miller and C. H. Aldrlch. C. H. Aldrlch opened the argument for the motion, presenting authorities on the question of the Insufficiency of the evidence to convict and the instructions given to the Jury by the court on its own motion and the refusal to give certain instructions re quested by counsel for the defendant. Mr. Aldrlch argued very forcibly that the court erred In admitting In evidence the results of tests made on lace curtains, window glass and screens and contended that It was prejudicial to the defendant. He attacked the jury In strong language and said that there was not a man In But ler county that had not talked about the case, and that the twelve men who tried th case were not competent Jurors for tba reason, as he believed, all had formed an opinion before they were called as Jurors in the case, that It was in the atmosphere that Mrs. Llllle waa guilty. Mr. Aldrlch had not concluded his argument at noon. Cites Alleged Error. When court convened this afternoon Mr. Aldrlch continued hla argument. He said In rtartl "I call the court's attention to the fact that the first witness called was Dr. Beede. Ho was permitted to testify as the first wlN eisycxthe.5ot,)r$cTfciils of Ifbe- defendant. Ha waa not the first pcraon there after Mr. LllUs was shot. Bert Hall testified that ha was the first person there, but other witnesses dispute him and say that Dr. Stewart arrived there first. We say Dr. Stewart should have been called as the first witness, but he was not. We say this is error. "The reason that the results of the ex periments as to powder burns on curtain, (lass and screen were not admissible In evidence Is that no foundation waa laid for Its Introduction. This can only be done by expert testimony. The admission of evidence tending to prove that the man who fired the fatal shot never atood on the west side of .the, bed. but that the shot was fired from the east side of the bed was error. I am not finding fault with the court, but with counsel for the state, who have resorted to this kind-' of practice to break up a happy home, to render an inno cent child worse than an orphan. Why were Mae Llllle and Dr. Stewart not called? They did call Ed Runyon, who gave some of the most damnable teatlmony ever given on the witness stand." By the court: "I remember, Mr. Aldrlch, that Mr. Evans stared that the state would .not call Dr. Stewart as a witness for the reason he bad testified before the coroner's Inquest on two different days, also at the Son Pains, Itching. Scabby Skin Diseases. Swellings. Carbuncles, Pimples, Scrofula fermaneMlr rural by taking Botanle Blood Balm. R tMtrati the artlve Polaoo In tha blood. If toii hare acbaa and pallia In booea. bark and )olnle. Itching. Scabby Skin. Illood feels tool or Ihln, Swollen Ulanda, Rlalnaa and Uuniua on tha aaln, Mui-ua Patrhoe la Mouth. Birre Throat. Ptmplea or of7er,atve ei-upUone, Coppar-CoJorad tipota or Haah on ktn, all run-down, or unou, Ultfare oa any part of tha body. Hair or SJrabreaa falling out. Carbunclee or Bolla. Uao Botanle Blood llalin, ajoaranteed ta car eeea tba worst and moat daap-aaatad raaes hort doctor, patant mrdlrtnea and hot aprlnia fall, rlaala all aorta, alopa all a,'he and palna. reducea all awalllnsa. mekas bkK.d pure and rt.l. completer mangles tha ant Ira body Into a rlran. baallhjr condi tion. B. B. H. haa cured thouaanda of oaaes af Bleo'. fo aon avan aflar reaching tha laat stagi-a. Old Ithf-auiatlam. Catarrh, Kearma an. eeueea by aa awful poltontd condition of tha Blooe. U B B. atopa .Hawktng and Spitting. Itch ing and Srralrhlng. Achee and Palna. curre Rhea inallam. (atarrh, heala all Bcaba. goalee. Eruption. Watery BIlBtara. foul, foitrrlng Soree of Bctama. by giving a pur, healthy blood aupply la.affactod part. Caanr l arad, Sotanta Blood Halm Carta Cancers of all Klada, Suppurating Swelling. Eating Sore. Tumor, ugly Virata. It kill ih Canoar Polaoa and heal tha aoraa or wr canear aerlertly. If you have a par etataot Pimp,, eVeK. Swatting. Shooting. Stinging palna. lake Ulood Balm and they will dlaappear be fore they eeeelop Into lancer. Many apparently hope leu caeea at Casoar aurad by taking Botaala Bland balm. l AfX MIA MAN TKM. Inrara) (Wtcie iw ski. m mm 4r -, t4& aiti-ajti. ' I. . tiulM i IS. M. ) mkmmi Mrv whtn tht rlsi.. U4iliy U listen. 11 Mr4 yar mmmtf will ifcrjaMaat Botanic Blood Balm B. B. B.) Is pieaaanl and aafa to take Thoroughly taated for SS year. Composed of Par Botanic Ingredteata. gtreogtbaaa weak kidney and weak atomacha. cure j evpe i a. Complete ulrectlooe go with each botlUt. Prto. Ii.oa. old ia Omaha by Kahn at Ca., lSta and I u a ta a alreata. la Coaarll BlaOTa ay R. K. Anderaoa. gno Broadway. la Soath Omaha by Pilloa Urns; Co., dh and Jf. Call or writ any above a tar a. loo Balaa aeat by express. Hill Fill preliminary hearing, and that he testified differently on ca.-h n.eas'on, and It seems to me that It was perfectly proper rot to call him as a witness." Mr. Aldrlch, continuing: "I wish to call the court's attention to the previous good character of the defendant and think the Instructions asked for by the defendant should have been given." Affidavits on File. Counsel filed an affidavit today signed by H. C. Stryker, wherein Mr. Stryker ays that Just prior to election last fall he had a conversation with Ami C. Pool, one of the Jurors, and that Mr. Pool said he did not believe Mra. Llllle murdered her hus band, and that he could not convict any person of murder on circumstantial evi dence. Counsel for the state today filed several counter affidavits. Charles 8. Carlisle, who was one of the Jurors, makes sffldavlt that he did not stale to one H. R. Smith Iff the presence of Clayton H. Smith or anyone else, "that anyone who had not formed an opinion In this case is a d d fool," either this or In substance. Clayton H. Smith also makes affidavit and supports Mr. Carlisle In every particular. Charles 8. Carlisle denies In his affidavit that he expressed an opinion as to the guilt or Innocence of Mrs. Llllle In the presence and hearing of John Kasse and William H. Carlisle. He Is sup ported In this by the affidavit of William H. Carlisle. John Kasse also filed an affidavit wherein he swears that he might have mis understood Just what Charles S. Carlisle said In a certain conversation referred to by him in a former affidavit made on behalf of the defendant and In fact he now believes he was mistaken. Joseph Hilger, one of the Jurors, makes affidavit that he did not on October 26, 1902, state to Nancy Weller and her son, Fred, that "Nobody could ever make me believe that anyone did It but her; she killed him." meaning Lena M. Llllie, as they state in their affidavits. Myrtle Hilger makes affidavit that she was present at the time Mrs. Weller and her son swear they had the conversation with her husband and that her husband, Joseoh Hilger, did not make the statements churged by Mrs. Weller and her son, Fred. Eighteen of Mr. Hilger's nclghors make affi davit that Mr. Hilger Is a man of unques tionable character and standing, thoroughly rellabla In every particular. James L. Dewey, one of Jurors, making affidavit that after the verdict was returned Into court that he had a talk with Juror Aiiil C. Pool in which Pool said that they had made charges against him about having or expressing an opinion In the case, also that during the trial of the case Juror Pool received a letter, the contents of which affi ant does not know. Counsel for the defendant made applica tion to introduce oral testimony to support the motion for a new trial. Thla was' re sisted by counsel for the state. Judge Oood permitted the Introduction of the oral testimony. Nick Blrket was the first witness. Ha said: "I live east of Joseph Hilger. Ho waa one of the Jurors in this case. I had a conversation with Mr. Hilger a short time after Mr. Llllie was murdered in which he said the talk was going around that Mrs. Llllle murdered her husband. He never expressed an opinion to me as to who he thought murdered Harvey Llllle." MORE TELEPHONE LITIGATION Fremont People In a Mlxnp with Three Companies In volved. N FREMONT, Neb., March 81. (Special.) Another suit wss commenced here yesterday In the telephone fight. This time the Bell company and the Farmers' Telephone com pany are the defendants. The plaintiffs are the Fremont Telephone company, Ellsha Remraele, E. M. Tabell and W. J. Court right, and the Hooper Telephone company. The object of the suit Is to compel the Bell company and the Farmers' Telephone company to enter Into a traffic arrange ment with the Fremont company. An In junction was Issued to restrain the Bell company and the Farmers' company from Interfering with the telephone lnsttruments and connections at Remraele's and Tabell's residences. It seems that Remmele and Tabell connected their wires with those of the Fremont company and the Bell people cut the wires. They then spliced them themselves so that they still have outside connections. Another cause of trouble is the replacing of receivers used by the Farmers' company with those of the Bell people. When the traffic arrangement be tween theae two companies was made last winter a part of the agreement was that the Farmers' receivers were to be replaced by those of the Bell eoiupany. The stock holders of the former company had pur chased their receivers for $14 each and were to have a rebate of SO cents per month until they were paid for, but with the new arrangement they are out the $14. The plaintiffs, Remmele, Tarbell and Court right, pray judgment against the Farmers' company for the amounts of their re spective stock subscriptions. No action haa been taken in the Injunc tion suit brought by the Nebraska Tele phone company to restrsln the city of Fre mont from Interfering with its plant and probably nothing will be done until after the city election and a new city attorney la appointed. Athletic Association Formed. HUMBOLDT. Neb., March 81 (Special.) The Richardson County Athletic associa tion la the name of a new organization just brought Into existence at a meeting Sat urday of the heads of the different high arhoola of the county. The gathering was at the office of County Superintendent Crocker and the aim Is to control and promote legitimate athletic sports among the pupils of the county. The eight high schools of the county at Falls City. Salem, Dawson. Humboldt, Rulo. Stella, Verdon and Shubert belong to the association, which starts out with officers as followa: George E. Martin, Dawson, president; W. L Evana, Salem, secretary-treasuris y C.eorge Crorker. W. H. rillsbury of Falls City and R. L. Hoff of Humboldt, as board of control. The society has arranged for a great field day meet at Salem on April 9 the program to consist of thirteen events, the Inst of which Is to be a half-mile foot race, participated In by the heads of the eight high schools of the county. All crn cerned look for an Interesting time, as there Is considerable rivalry among the students from the different sections. f'rnb Orchard Telephone Company. TECVMSEH. Neb.. March 81. (Special ) An Independent telephone company, to be known as the Crab Orchard Home Tele phone company la being formed In Crab Orchard. The company will be Incorporated with a capital stock of $10,000. Three or four rural llnea will be operated In south western Johnson county. In addition to an exchange la town. The material his been ordered and the work of construction will be commenced as soon aa It arrives. Frank Rothell will be the local manager. Compel Tramps to Work. YORK. Neb., March SI. (Special.) The authorities are wondering wbtl to do with the hoboes, tramps, and sneak thievea that are now lying In the county Jail. One was led to the city limits and requested to skip. He Immediately turned tack and was re-arres'ed, anl Is charged with re sisting officers. Four of the tramps were tsken to the park this morning, where thr will be compelled to work under gourd The officers believe (bat they are wanted In other localities In the state. FATHER KIDNAPS DAUGHTER fiobert B romjer Ste.'s His Child from Her Ado:ted Par nti exciting affair at monmouth park Little (.Irl While t'lailn with lm paalrtna la Snatrhrd ! Man and lrlven Airir to tnknitna Hiding; Place. ' Lora Ella Young, the 12-year-old adopted daughter of Mr. and Mrs. L. A. Young, who ' be killed. A son of Mr. Clauron was driving live at 333o Fowler avenue. ass kluimpel , the team, but Jumped In tim? to save hlm from Monmouth Park school yesterday J self from Injuries The team hid Just by a man who Is thought to be Robert I been purchasrd by him a few djvs a.ta and Sttomyer, the little girl's father. The child was playing on the lawn at the s.-hool house, when a carrlugo stopped there, a man Jumped out and, grabbing the little girl, forced hi r Into thu carriage and drove away. The little girl left the borne of her adopted parents about S:,10 aud was playlug with some neighbor "hildren about an hour later, v. jen-two carriages drove up (ron. opposite directions. Out of one camp the kidnaper, the other waiting until the Job was completed, aud then boib drove away, the horses being urged to a -rallop. Latet the police arrested Mrs. II. Stromyor, who admits being the ocuupnnt of one of the carriages. She says she is khe wh ot Robert Stromyer and that he stole his child with the Intention of taking hrr to Kansas City. Pursuit of the ciirrir.i;e rouialnlng the child was fruitless. The polite are. watching closely and hope to overhaul the father and daughter downtown before lie can get away. The affair caused much ex citement In the neighborhood nnd many volunteers are assisting In the search. When Mrs. Young was Informed of the affair she became hysterical, but later re covered sufficiently to give a good descrip tion of the little g!rl to the police. Haa Been Siolen Ilrfore. Lora Young, t.'." stolen child, has been a bone of contentlou between Stromyer aud hla deceased wife's parents, who reside In or near Detroit. About three years ago the little girl was fought for In the courts, at that time the father making ineffectual efforts to retain possession of the child, after proceedings were instituted to place It In the Child Sivlng institute. A de cision was given in favor of the Institute. Shortly after the child was placed In the care of the Institute Mr. and Mrs. L. A. Young legally adopted hrr, changing her name. Shortly after this the father suc ceeded in kidnaping the girl and restrain ing her for several days. One day the little girl eluded her watchers and escaped to the police station, where she gave her self Into the custody of the officers and begged to be protected against her father's cruelties. Her body, the officers state, showed plainly bruises from harsh treat ment she had received, whllo Mrs. Young says the scars, the results of burns, still plainly show upon the little one's body. These, she declares, were Inflicted when the child was last stolen. At the time the j little girl walked Into the police station for protection the father suddenly left the city to avoid arrest. Since then he has re turned and has been employed at A. Web ber's, 1115 Walnut street. Threatened the Raid. Since the little girl has been placed In the care of the Young family they have re ceived threatening 'etters Informing them that either the grandparents In Michigan or the father would again secure possession of the adopted child. Last Sunday the girl's brother went to the Child Saving Institute and told Superin tendent Clark be was enroute to California and would like to see hla sister before leav ing the city. The Young family was notified and brought the child to the Institute. After the meeting they returned to their home and, It is said, were followed by the son, who discovered the residence number and made the work of yesterday per ceptibly easy. This Is the theory held by both the Institute officials and the police. Stroniyera I ntler Arrest. Robert Stromyer and Bert Stromyer were arrested shortly after 3 o'clock In the aft ernoon at Island Park station, eight miles south of Council Bluffs, where they had driven with the child after the kidnaping, to take a train for Kansas City. Mrs. Pearl Stromyer, who waa arrested during the morning on this Bide of the river, made a number of admissions under examination which gave the officers a clue which, when followed up by Detectives Ferris and Davis, led to the kidnapers. The detectives first found the hack driver. Mike Weatherby, in a stable In Council Bluffs, who had been employed to bring the party to thla city and back again to Island Park He at first refused to talk. but when threatened with arrest told where he had taken the party. When the officers approached the railway station at Island Park they aaw two men on the platform. These went Inside the depot and the officers could not at first locate them, but later saw that they were hiding oehtnd an upturned mattress. This Davis pulled down, where upon Stromyer attempted to pull a re volver from his pocket, but Ferris disarmed him. The officers were forced to wait, guarding their prisoners, until 3 o'clock, when a carriage arrived. Bringing an Iowa officer with a warrant and Mrs. Young and a companion. While they were waiting for this party Ella caught hold of Detective Ferris' arm, saying: "Oh, won't you take me back to my mother?" The two prisoners were brought bach to this city and locked up at t o'clock charged with klduaplng. When the elder man was searched a copy of a telegram which was sent from the Bluffs wss found scribbled on a card. It read: "Mrs. J. C. Stromyer, 2612 Myrtle street, Kansas City: -We got Ella. Will take 5:35 train at Island Park. Husband." riot Well Laid. It seems that the party came here from Kansas City for the purpose of getting the child. After the younger man had found where the Youngs lived and where Ella Tas apt to play, they hired a driver nnd fast horse, and the woman and two men crossed to this side in It. The woman then got l cut, having supposedly, aa she Is a small woman, come In the carriage so that the tollkeeper might notice that a small woman or girl passed both going and returning. After Ella had been caught they galloped to Thirtieth street and along that for some distance, then returning to the bridge and crossing to Island Park. The woman first arrested Is the wife of Bert Stromyer, step son to Robert Stromyer, and she gave an Omaha address aa a bl'nd. The elder Stromyer would say nothing beyond the statement that he loved his daughter dearly and could get possession of her only In thla manner. The Youngs are said to have msde the statement that the girl ia one of the heirs In an estate which Is in course of probation in the east, and for thla reason the Stromyers wished to gain possession of her. START UNION PACIFIC WORK Caatraetars Ship Oatlt fur Doable Trarklas; Line In W o mlnaT, BEATRICE. Neb.. March Si (Special Telegram.) Nine carloada of horses, five carloads of scrapers and other Implements were shipped out of this city today by Kil patrick Brothers 4 Collins, railroad con- firm has bcn awarded contract for Milld- Ing double track and otherwise Improving the I'nlnn Pnrlflc road. The construction vork will bcpln Just ss soon as the outfit reaches Cheyenne. Turn Bnrka Oft nrlilxr. RED CLorn. Neb., March SI (Special.) - While passing a team on the bridge over the Republican rlvrr south of town yester day morning the team of mules belonging to George Claunon of thla city backed the wagen egatnst th? side of the bridge break ing the framework and caused the wagon to fall over the edge taking the team with It. One mule died In a rhnrt time and the (Other was Injured so bsdly that It had to was a valuable one. nea for Damage. AVniRN, Neb. Mrrch 31 (Special.) The tase of William Oebers against Ne maha County for $."ju0 damages was trid In the county court yesterday and at 10 o'clock this morning, falling to agree, the Jury was discharged by Judge N'eal. The cps will bo tried again in a few days. Th action arose from an accident oecurrln ; September 2. 1902. Mr. and Mrs. Oeberi 1 dtove off a thirty-foot bridge, which was not provided with railings, and fell Into n ravine twenty feet deep. Farmers Ortrnulrr Elevator. SITTON. Neb.. March SI (Special.) The farmers who are Interested In the elevator movement met todav and effected a permanent organiza tion, as fellows: Presid"n, Jsmes Weston: vice president. S. Kendall: directors, Wil 'lam Eppert, Charles Orless, A. Bnnett, Ous Johnson. The company has been In corporated with a capital stork of $6,000 most cf which has been subscribed. n. M. M.tkea Second !snr)', DAKOTA CITY. Neb., March 31. (Spe cial.) The B. & M. corps of surveycrs to day completed Its second survey from Hnmer to a conjunction of the Oreat Northern railway. The last survey goes west of this place about a mile and a half, while the ! first survey was only about three-fourths of a mile. The surveyors have left for Lyons. Albion Methodlata to Bntld. ALBION. Neb., March 31 (Special.) The members of the Methodist Episcopal church of this city have decided to build a new church, the cost of which will be about $9,000. There are about 160 families represented In this church. Twenty-nine of the members have at this time pledged $3,700. Baptist Yoanar People to Meet. TECUMSEH, Neb, March 31. (Special.) The Baptist Young People's union of the Newaha p.ssociatlon will hold a rally at the Mount Zlon church, northeast of this city, Arrll 13 and 16. A splendid program has been prepared, including aome of the best talent of the association. Vork Wants Inrmal School. YORK, Neb., March 31. (Special.) Tho business men and the. Commercial club are taking an active Interest in the location of the new normal school. 1ork business men are very active and the comml'tees ap pointed will make a hard flht for York. Convict Jnnips from IllKh Wall. KEMMERER. Wyo.. March 31. (Special.) "Bub" Mecks, for many years one of tho notorious outlaws of this section, now serv ing a life sentence In the Idaho peniten tiary, made an unsuccessful attempt to commit suicide a tew days ago by jumping from" n high wall aitbe penitentiary. He was severely Injured, ' but will recover. Not long ago Meeks attempted to escape, but was winged by one of the guards, who shot off a leg. Meeks formerly lived near Fort Biidger in this county. , Shcc;r Survive Storm. LARAMIE, Wyo., March 81. (Special.) During the recent revere storms about 300 sheep owned by the Pascoe company, wan dered from their range and for several weeks were lost. Their owners believed that the an'mals had perished, but a few days ago the entire band was found on the prtlrl'.-s. The animals were snow white, showing that they had experienced severe weather, but they were fat and strong. Knlaiita Templar to Meet. EVANSTON, Wyo., March 31. (Special.) The grand commandery, Knights Templar, will meet In Evanston on April 8. A grand ball and banquet will be given In honor of the large number of visitors that are ex pected to attend the meeting. New Care for Weak Loaii, Dr. King's New Discovery for Consump tion cures all coughs, colds, grip and lung troubles or no pay. 60c. $1.00. For salt by Kuhn & Co. Ice Goes Ont at Pierre. PIERRE. 8. D., March 31. (Special.) The ice ran out of the river here today and the railroad ferryboat -made its first trip of tho season this afternoon. saMWMs: -4' Rettoveft- Instantly, Cares Quickly BURNS, CUTS, BRUISES, SORB MUSCLES, SWEIXINQS and INFLAJTriATlONS. Good for that Sore. Feeling. IT COOLS, IT SOOTHES. IT CURES. 25c 0g & $1,09 Bottloa. At all good Drufrlsts. ieCiieagaaSaara 71I a SeaaS)aa imp gumn 0mgim KUlt RAI.K UY KIHS & CO., Where land is cheap Thousands of Iowa, Minnesota and Nebraska farmers have moved to Oklahoma In the last four years. They are there yet and they Intend to stay. They are making as much money, acre for acre, as they did In their old homes. The land Is Just as good and costs less than half as much. Prices are advancing every year. Take a couple of weeks' holiday and visit Oklahoma. An unusually good opportunity ia offered by tha homeseekera' excursion rates which the Rock Island offers May 5th and 19th, April 7th and 21st. One fare, plus 12, for the round trip. One way rates are correspondingly low. Tickets and full information at this office. IDENTITY IS NOT PROVE. Judge Hands Down His Findings in th BurJick Jquet. SOME SUSPICION AGAINST PENNEli Aetlona of Mra. Hall, Mother Mra Hnrdlrk, Xot Consistent if he Has Told All She Knows Ahoat Matter. BUFFALO. N. Y.. March 11. Judge Murphy handed down his findings in th Burdick Inquiry today und declared tha; Identity was not proved. The statemen ia an exhaustive review of the eldenc: brought out during the Inquest. Special attention is given to the letten exchanged between Arthur R. Pennell an. Mrs. Burdick, particularly the one con taining a threat against Burdlek's life. Concerning these the judge says: Altogether, these fncts would, .In m opinion, constitute a Just ground of feus ptcion on w hich a warrant could be Issue J. were he nllve. Referrirg to Mrs. Hull, Judge Murpb) says: The action of Mrs. Hull on that morntn Hhc morning alter the nnmleri mm her testimony on the ftuml hits caused ire much thought and worry. To my mind they ait- Ineiinslsteni with a m-rf' ct wan; of knowledge as to what had actually oc curred. So little npparmt feeliiiK for the deed man, Mich an evident di sire to cover up the crime ami no disposition whatever l.i ' 111 mr uimitirmes in h upi t of nti uin m- niuruHrer may ue expuunaotc. out nas ntu iueen explained. Speaking of Pennell's relations with Mrs Burdick, Judge Murphy says: Mis r.r nil others was the motive strons I enough to Incite it desperate mind nlreHiiy I steered In wrong to so foul and crutl :t murder, lie can n;ver be placed on trial, rentier run ms ens? over lie liuilclaliy de termined. Let tie he as fair. then, to the dead as the law presumes us to be to the I living. He must bo presumed Innocent until proven guilty Continuing, Judge Murphy says: The theory that Bunllek had a woman Burst In his den that nlfcht has not been sustained by the evidence. It has not dis clo.'d a single immoral act on his part. Mrs. Paine and Miss Hutchinson are com pletely exonerated in Mr. Murphy's find ings, which In conclusion says: It Is our duty to censure Mrs. Burdick. But great as her wrong has been, great is her punishment. BRAKEMAN LOSES AN ARM Member Badly Cruahed Between Cara While He Is Making; a Conpllnsr. TECVMSEH. eb.. March 31. (Special Telegram.)--B. M. Conlee. a Burlington brakeman on ,'reight No. 114, was the victim of an accident here lntt last even ing that will cost him an arm. He ran In between two cars to make a coupling as the cars were coming to gether and In some manner slipped and fell between the cars. His left arm was caught. between the bumpers as the cars came to gether and his elbow terribly mashed. He was taken to the Arcade hotel and Drs. Stewart and Fl7.shnmons dressed the member and later he was .nken to Lincoln on a midnight train, where the member will be amputated today. He -Jras In the care of a company surgeon from Table Rock. Conlee Is said to be a single man and lives Rt Beatrice. Heffle Cnnaes Trouble. HASTINGS, Neb., March 31. (Special Telegram.) Art Richardson, a merchant of thla city, was fined $5.70 and $14.70 by Judge Reynolds here today upon charges brought forward by Mr. Butzirus nnd Mrs. Kennedy. The charges were that Richardson had en couraged their sons to gamble. On Sunday afternoon it was found that Earl Lukhardt robbed the cash drawer of Reynolds' meat market of $10. He then Joined with Wil liam Butzirus and Roy Kennedy, and the three took chances on a shotgun which was to be raffled off by Richardson. -They played a losing game, which caused them to ralBe the protest which led to the arrest of Richardson. The boys were released upon their parents paying to the proprietor of the meat market the amount of the money stolen. Preaches Farewell Sermon. ALBION. Neb.. March 31. (Special.) Rev. Clinton Douglas, who has been pastor of the Congregational church at this place for the past three years, preached his fare well sermon last Sunday morning, and will aoon leave for southern California with his family. Mr. Douglas Is Interested In the establishment of a -olcny and is taking with him several families of this commun ity. Bin; Profit in Land Deal, PLATTSMOUTH, Neb., March 31. (Spe cial.) About three years ago W. W. Coats of this city bought 2.000 acres of oak timber land in Texas county, Missouri, for $14,000, and a year later sold an undivided half Interest In the same to Charles A. Sweet of Omaha for $13,000. Today Coats and Sweet sold the same property to Jo seph Sanner of Jonlln, Mo., for $60,000. 13TU A!tU DOU.i.Al ST.. OMAHA. SJga-iaamsiiiMUsaajanaa,.,. IWIII C. A. Rutherford, D. P. A. 1323 Farnam Si., Omaha, Neb. 'TIRED ALL iVomcn in the Spring Timo Need a Tonic Spring Fever is Spring Catarrh Pe-ru-na Curos Catarrh. aeae .----- a a a a a -a 4 t , "mSSMjMi Beautiful Society Matron's J 1 Recovery. J Memphis, Tenn.. ) 32) Elliott st S The Peruna nedlclno Co., Columbut, O "I suffered for seve.-al yars with headache, brought on by nsrvous pros tration. I was also a.flicted with in somnia. I would get up In the morn Injr more weary than when I retired and I used to dread tho approach of night. Peruna came into my home as a welcome jtu;3t, anl within thr;e short months I was like another woman. I now have enjoyed perfect health for over a ycir, a id those who have suffered a I AiA ,!!! K. happy I am. "-firs, E. L. Brown. AS a spring medicine Peruna Is a never falling remedy. It cleanses the blood through digestion, and glvei tone to the whole system by Increasing tho nutritive value of the food. -"Spring Fever" ss It Is sometimes called, which produces a tired out. sleepy feeling, nnd Inability to do much mental or physical work, is the result of a sluggish digestion. The great popularity that Peruna has Is duo to the fact that In til such cases It at once corrects digestive derangements and enriches the blood by purifying this very Important source of that vital lluld. Mrs. J. E. Finn, 82 East High street, Buf falo, N. Y writes: $15 I i.i!)!iiep fiViiaWiYiVWiYfYiY An Office With a Vault 1 1 3S&'S 3jQ?tS FOR $17.50 PER MONTH. iSx0tS!SK;SS R. C. PETERS & CO , Rental Agents, THE TIME" fee.. --..-- a a "A few years ligo I had to give up so cial life entirely, as my health vas com pletely broken down. The . doctor advlsel ' 8 l0mPete change snd rest for a year. Aa , was rut ,i me question ior a um . began to look r round fcr other means of restoring my health. "I bad often beard cf I't fjni as an ex cellent tonic, so I Lought a bottle to see what It would do tor me, i nd it certainly took hold of my system sod rejuvenated It nnd In lesa than Iwo months I was in per fect health, nnd now v.-hen t feel worn out or tired, a dose or iwo of Peruna Is all that I need." Mrs. J. E. Finn. If you do not derive prompt and satis factory results frcm the use of Perunt, write at once to Dr. Hartman, giving a full statement of your case, and he will be pleased to give you his valuable ad vice gratis. Address Dr. "Hartmnn, President of The Hartman Sanitarium, Columbus, O. If ,you are plaiinin a trip to the Pacific (oast, the Colonist rate will be $2." till April 30th. Similarly low rates to all of the far western states. Write me. and I will arrange your trip, check your baggage thro1, tell you exactly when you will reach your destination, locate you in a chair car or sleeper, and attend to all the details that go to make a trip com fort able. Tourist cara dally to Seattle and lx Angeles. Personally conducted rxcuralons three times a week to California. Send for frea folder It tells you all about It. J. B. REYNOLDS, Ticket Agent, . 1502 Farnam Si. Ml lil ILIII " "MINI Wa can show you an offlca right next to th elevator the most di-.iriblo location in tho building. The rooa it 1118, and also has a large burg-lar proof Tault. Everyone aaya to, our Janitor and elevator service is the best in town. It is also a big advantage to you to be able to tell people your address, because the bast known building in Omaha is The Bee Building. I Ground Floor, . Be Bid. laaai 'nfflTTTTTT11f llaHI IW
