THE OMAHA DAILY EE: SATURDAY, JUSE 20, VJQ3. USSIER TELLS OF SHOOTING FIRE SALE is RAGING NN BARGAINS FOR EVERYBODY O) Q) 471 He Intended to Wound, but Not to lill Sereeait Your JUDGE MTHERSON REBUKES A SOLDIER Coart Is Misinformed to Coadact I LJeateaaat Mipn at the Trial aaa Resalt la hert-Llved eneatloa. I FIBEI UATER!- SC.10C CZT ' 4 j""" 2 "" Li.",1 j 1 ) DE Ltna Llnnler, a private soldier of Com pany I, Twenty-fifth Infantry, was ar raigned before Judge Mcpherson In the United States circuit court yesterday charred with the murder of Sergeant Rob ert Tour of the same company at Fort Niobrara April 17 last. The accused pleaded not guilty. LJnnler Is a mulatto, a young man of Intelligent appearance, and very neatly dressed. lie was employed as the body servant to the commanding officer of the regiment Just prior to the murder of Sergeant Tours, and the killing of the sergeant was the outgrowth of 111 feeling that existed between the two. The court appointed John M. Mac farland to defend the accused. The prose cution Is looked after by District At torney W. 8. Summers and Assistant Dis trict Attorney Rush. The entire morning was devoted to securing a Jury to try the ease. The taking of testimony began shortly sfter 1 o'clock tn the afternoon. About twenty witnesses were examined. Including the defendant. The line of defense was to prove that there was great provocation for the murder. Llaaler ea the Btaad. The defendant, Una LJnnler, In giving evidence In his own behalf, said: "I knew ergeaifc Tours from August 27. 19u2. to April 17. 1901. I served In the Philippines two years, seven months and seventeen days. Before that I was a member of Com. pany C Twenty-fifth Infantry, and served In Arizona. I first enlisted in 1898 at Mem phis. In the Tenth Immune regiment, and have been five years In the army. The morning of the shooting I went down to Valentine with Lieutenant Colonel Reed tc see hlra off, he having been transfjTed to another, regiment. I returned to the fort about : that morning and went Into the measroom for breakfast Just before this Sergeant Tours and I were arguing about the statement that General Baldwin was reported to have made to a newspaper re porter In Denver, where he called colored soldiers nothing but curs. In the talk I denied that he had made such a state ment. Then Sergeant Tours called me a Tile name end I told him to take It back. He refused and when I went into the mess room I asked Sergeant Smith for my gun, as I had reported back to the company for duty and wanted to clean It up. I got the fun and took some cartridges from a belt and loaded the gun and went Into squad room No. 1, where Seargeant Tours was, with the intention of making him take It back. I was going to make him take It , back with the gun. I Intended to knock him down with the gun and was about four feet from him. Intended Shoot Hlaa. 1 "w hin reach under the head of his bunk for something and then I fired. I only Intended to shoot him low down, about the hips, and not to kill him. I did not Intend to shoot unless he came at me. He did not come at me, but reached under the head of his bunk and then I fired. I loaded the gun myself to make him take back what he called me." The only evidence presented by the de fense. In addition to that of the defendant was to show that Sergeant Tours was In the, ,habH of. swearing-. at the. members of tho company.' There" was no evidence that be ever struck or threatened any of the soldiers. . The testimony of the prosecution was to tho effect that LJnnler shot Tours shortly after coming into the barrack room. No one heard any conversation between them. LJnnler was Immediately arrested with the gun In his hand. After he fired the first shot he sprang another cartridge into the gun. Tours was killed almost Instantly, dying In the hospital a few minutes after be was shot. I.loutenant Mapes, commanding the com pany, testified to the excellent character of Tours, as a strict disciplinarian and a good soldier generally. The testimony was concluded at 4:15 yes terday evening and adjournment was taken to t o clock this morning for argument Retake Llcstessat Mapes. During the trial Lieutenant Mapes. com mandlng officer of the company to which Llnnier and his victim belonged, was asked to sit by the attorney for the government for consultation. . Lieutenant Mapes had been a witness for the prosecution and had already given In his evidence. Attorney Macfarland. counsel for the ac cused, overheard Lieutenant Mapes make a remark that he thought referred to one of the witnesses for the defense then on the stand. He immediately appealed to the court and protested against the officer In jectlng himself Into the case Jo the preju dice of the defense. Judge McPherson thereupon administered a rebuke to the officer, saying: . "Such, conduct is In the highest degree reprehensible and ungen tleraanly, and I wish you to understand that the civil courts of the United Btates will not for a moment tolerate such busi ness. The military of the United States Is strictly and absolutely subordinate to the cJvlI power of the government" Lieutenant Mapes arose and stated that the court had been misinformed and that he did not do anything to deserve the re buke. . "I was Invited by the district at- torney to take a seat by him to answer a few Inquiries regarding the case, as I was the officer who originally investigated the case." District Attorney Summers stated In ex planatlon that Lieutenant Mapes had been Invited to take a seat by him, and the re mark that Attorney Macfarland had over heard,' and to which he had taken excep tion, did not refer to the witness then on the stand, but to the prisoner, and was In direct reply to a question the district attorney had addressed to htm. The explanation of Mr. Summers was sat lsfactory to Mr. Macfarland and he apol , oglsed to Lieutenant Mapes and the court ' for causing the unpleasant Incident, and the rebuke was withdrawn. R li ii 1 1 iiiiJ v., U ullLluvllS Feather weight felt hats, in black, brown pearl that sold up to $1.50, Fire sale Just the thing for hot weather. Straw hats worth up to S1.C0, and Fire sale that Restores Vigor Elorsf ord's Acid Phosphate A teaspoon In a (flns of vater. lJn?u when exbaustMlordepiel from overwork, iusotuuia, poor dilation, or summ.-r bent, Rives toue and vigor to theuutirv system. Shirts, soft, with collar or without, shirts sold up to $1.25, on sale Kfilr Saturday, fire sale..'. SJcJu Union ftado Pen's and Young Pen's Suits Special make and styles, values up to $20, Fire sale price... Union Made Hen's and Young Suits wm goods department has Saturday must be the The fire sale prices In our dry brought the crowds all the week. banner day. For Saturday we will make some new cuts that cannot fail to create a sensation. Silk skirts, walking and drew lengths, Sat urday morning, elegant styles $14.50, ?12, 10.50, 9.90, ?9.50 6.95 Women's tailored suits, $4.95 only a few of those $10.50, $12.50. 15.00, and f 16.50 and $18.50 suits on sale. They ought all be sold Saturday at Women's shirt waist suits, handsome patterns, percale, perfect fitting, at Pen's slaps Pint Mason jars, dozen, J 6-piece decorated toilet sets... t Theodore Haviland 100-piece din ner set, $35 value, sale price,..;. 7-piece Floron blue berry sets, regular value 75c, sale price . , TSSgmjmfijflSlMMBBmHBMIlBHWmgBH.1, ,mmm 1 30 33c Soiled handkerchiefs you know they will wash, worth up to 25c each Saturday 3 for 4.95 90c 25c 19c Slightly soiled neckwear, a lot of very pretty pieces, all new, prices less than half, from $1.25 doz. to .Women's wash waists, the finest collection of waists ever shown at the prices QQa will go on sale Saturday morning at uuu Pyrography Rafts of "Burnt Wood" on Sale Our Pyrography department Is the eompletest outside Chicago or New York. Our nre sale prices are more like GIVING THAN SELLING. Glove and Handkerchief 0C Bozes, stamped v3c Shirt Waist But- 41 1 tons, plain SC Card Size Photo Frame Irc Cand'.esttcks, two !). styles tSfC Nut Bowls 6-lnch 9Qr stamped 9 Nut Bowls -lnch AQr stamped t9 Nut Bowls 6-lnch TQr . stamped.,.., Iw6 Sliding- Book en. Racks v U!c 7-Inch Fruit Plate fXr stamped fcu- U-lnch Fruit Plate AQr stamped... -;..... fJI'" NOTE Bring your pictures for fram ing; work Ufsl-clasa end prices the Jo west ... A Genuine ,(.4r . Leather ' i f " 1 SMART SWAPS 4 dozen beautiful rope bead chains and gir dles, tassel ends, in black, white and QQn blue, regular $1,50 chains, Saturday UtJu in the Trunk Department MAIN FLOOR. Snaps In the rus Sent. Perfumed Talcum Q - Powder JC Violet Perfumed Ammonia IC per bottle 13" Household Ammonia C Strong, per bottle tfC t-lb. sack Sea Salt for the Ofr bath, par sack tU1" Whisk Brooms a large variety 35c, 26c, 26c. 22c, 16c, 13c and IU- An 8-rcw Solid Bark Hair 4 Brush, black bristle, only 0 Poison Fly Paper C 4 sheets for fcticky Fly Paper-t double C- sheets, per box Uc 25 DOUBLE SHEETS C Persian Insect Powder on, per lb wfw BOLD IN ANY QUANTITY. Paris Green Full Oft weight, per lb JC Peterman's Roach Powder Oflr per box sU Powdered Borax Pure, 1 1 per lb 4C Colgate's Perfumes PANSY BLOSSOst V jsa NEW MOWN HAY, I f 1 jLv 4 APPLE BLOSSOM, I TJ f ITALIAN VIOLET, f 0 J LILY OF THE I valley, ; Per O unco Baldwin's Plum Blossom AKr per ounoe tw Papier Poudre Books 00 powder with puff s(- Plnk of Perfeo- QQe tlon W3t Bennett's Tooth j Powder at IH- Moth Balls Q Iper lb Qc Carpets, Furniture WE ARE CUTTING AND SLASH ING IKICES TO ,ruitf OVT EVERY TRACK OF KIKE. SMoKB AND WATER DAMAGE UooDrt SLIGHTLY DAMAGED HY SMOKE REEVES.00 Ai' "VKLOLS CARPETS Travelers' sample- of fall carrcL very low In price IV yard samples of vel vet, Axmiimter and Mrusscls carp. t. used by the ul. smen of a iarte wholesale houa. (hushed so not 10 ravel, size for rugs 1, yards y.ur choice Saturday mora- L.n lug at WILTON RUGS These are copies of very tine imported rugs, Persian and Turkish patterns, size 27xa4 Inches only nn a small lot, at, each !i0 GRASS MATS FOR PORCH AND SUMMER USE 18x38 Inches 50c 26x54 Inches K)C S0x60 Inches jjjj 36x 72 Inches 1.35 China Matting . n yard QC Special line of Fine Cotton Warp Japanese Matting, in fancy weave, carpet pattern, regular 3c OC and 4UC goods, at (gC TAPESTRY or 'urniture, covering 61 inches wide, all colors, variety of pat- pn -ems. at, yard DJ Special value in ruillgd SwIms ( vil lains, dotted and tig- ft to ured, at uygc FURNITURE $5.4S Kitchen CaMnet O fl " r,BHttlS PJ'' Bed Springs f f. et fcyc J5.50 lU'.tan Rockers 3 65 Sr1? price &93 $7.50 do lid Ork Polished 6- K 3 C Draw-.r t.'hlifonier at Qi CO $34.00 Bedroom Suite 22 U0 ODD DINING CHAIRS AT AL MOST HALF PRICE TO CLOSE OUT. ' Lawn and Porch Swings. . The most attractive llae la the city. See them. Their prices will please. mm Seventy of them Being Sacrificed. CET THE PRICES AFFAIRS AT SOUTH OMAHA Taxpayers Are Speculating on Amount of This Yeari Lory. SOME EXPECT NINE MILLS WILL BE RATE Mark Deseada Hesait x Eleetlea Taklasr t ot rloekt Ibk Debt Ms art e City Gossip. Taxpayers are beginning to speculate on what the 190 levy wUl be. Of course no definite estimates can be made until the Board of Review completes Its work and the exact valuation of city property as re turned by the board Is known. While an of the complaints so rsr niea wim iw Board of Review are for small amounts. It Is expected that next week some ot ine corporations wlU file complaints on account of their valuation being increaseo. as com pared with one year ago. As the board sits until Thursday. June , mere i sun .uij,.. time tor the filing of complaints and the nesrlns of arguments. As far as the levy for this year Is con cerned, the members of the council are all at sea. A great deal depends upon the result of the bond election and the amount of ths decrease or Increase In the total val. uaUon. Should the overlap bonds be de feated, some provision will doubtless be made In the appropriation ordinance to take up at least a portion of the overlap. Then again, the council may levy a tax suffi cient to wipe out the overlap In one year and thus do away with the paying of In terest on the warrants outstanding. Should ths overlap be paid in one year the taxes must of necessity be considerably Increased as compared with former years. With the voting or overlap oonas n thought that the city can get along nicely on about the same levy as last year. 8S4 mills. The rapid growth of the city natur ally Increases expenses In all departments, and each year for the past eight or ten years the overlap has been gradually grow lng on account of the disinclination of the city authorities to levy enough taxes to meet the obligations lainng uu. financiers deem it safe to predict that the levy this year wlU not exceed mills, and property owners sincerely hope that this prediction will come true. Cavalry Troop Oatlasj. This afternoon two platoons of the South Omaha cavalry troop will proceed to Pries' lake where they will camp until Monday morning. The camp win be under strict military discipline and the embryo diers will be taught setnething of life In the field. It Is expected that excursions of this sort will occur frequently In order to ... .he new men familiar with field dutlea. While no orders have been received, the troop expects to go to Fort Riley. Kan.. In August for the fall maneuvers. Kateadlac Llghtl:! Uaes. Preparations are being made by the Thomson-Houston Electric Ught company to extend Its lines Into the eastern part of the city and supply lights in residences where gas lamps sre now being used. For some months residents In the eastern por tion have been asking for Improvements In the lighting line and now that all labor troubles have been settled as far as electric nrk.ra are concerned, the company Is ready to commence the erection of lines. Will Flash Streets. Mayor Koutsky announced last night that today the paved streets In the business portion of the city would be Bushed. A detail of three firemen, with boss and three men from the street department will do the work. For this work the citixens and taxpayers are Indebted to the members ot the Fire and Police board. Secretary Berg qulst of the board tendered the use of three men and some hose to the mayor, and as the streets are in a filthy condition the mayor gladly accepted the offer. Arrangements are to be made, so it Is re ported, to purchase some condemned hose and have, the street department flush the streets when the work Is needed to be done. In order that the administration may not be under too many obligations to the Fire and Police board. Iaspeetloa Delayed. Last Monday night the city engineer asked for an Inspection of the repairs to the Twenty-fourth street pavement, and a committee of business men, along with the street and alley committee of the council, was appointed to go over the work. It appears now that the manager of the asphalt company la out of the city and the Inspection will have to be postponed for a number of days. Heavy Stock Receipts. - For the five days ending last night S.100 cars of live stock were handled at the yards here. This is an average of 43) cars a day. Of the car receipts. 1,1 cars con tained cattle and 8S4 cars held hogs. The balance consisted of sheep and horses. Bhould there be a good run of stock today the receipts will be considerably above the average for this time of the year. Packers are buying everything In sight and the plants here are working full time and tn some departments overtime. Marle City Gossip. Mrs. rank E. Bcott of Sioux City Is v lining relatives nere. Patrick Hyland. a former member of the cny oouneu, naa lert ine city. TO DRIVE DOPE FIENDS OUT Chief Donahue Baji People with Dream Eabiti Mtut Quit Omaha. THEY MAKE TROUBLE FOR THE POLICE Maay ot the Fleads, Says the Chief, Steal la Order to Pwrehase 'Drags, Skael They Are Daageroas la Other Ways. Along with the thieving women, people addicted to the drug habit must go. This Is the second edict of ejection made by Chief of Police Donahue this week. Thurs day the police arrested and sent out of the city four men who for months have been confirmed morphine fiends. Testerday Lester Rodney, one of them was again In town and was sent to the county jail for thirty days. "But this plan of having tho men serve a Jail sentence, said the chief, "does very little good, as most of them are so strong In the habit, that It becomes necessary to furnish them morphine or cocaine In jail." Recently the chief ordered all the opium joints closed and owing to the fact that all the fiends have been driven oflt of their usual haunts the number of victims are ap parently rapidly Increasing. "It may be," said the chief, "If we can get these people out of the city and In some way force them to the country, where they will have to work In harvest fields, and cannot get their particular drug, they ill break the habit. But I do not know the best way to figtit the evil. These peo ple aro certainly more to be pitied than ANSWER OF MATERIAL DEALERS Saaderlaad Brothers State to Coart Why They Did Rot De liver Sand. Sunderland Bros, have filed an answer In the case brought by Michael Spellman to recover 11,000 damages for the refusal of the firm to deliver sand for which he paid during the strike of the bricklayers. The Sunderlands admit that they prom ised to sell the material and that It was ordered from a dealer In sand at Louisville, with instructions to ship It to Fort Crook, at which place the contract for delivery to Spellman specified; that through some mistake of the railroad company the sand was shipped to Omaha and that when Spellman learned this he demanded the delivery of the goods In this city. The Sunderlands then allege that they refused to deliver the sand in Omaha, but offered to deliver It at Fort Crook, which offer was refused by the purchaser. The de fendants say the money paid by Spellman was not In full payment of the sand and that when the sand was not delivered the amount was placed to his credit on another account The Southeast Improvement club will censured, when they once get the habit, meet Saturday night at Madison school I for without a sieclal treatment by a phy sician and a long time In a hospital It house. A son was horn yesterday to Mr. and Mrs. David Wilton, 10-2 North Twenty first street. Deputy City Clerk Burness was at the city hall yesterday for the first time In three weeks. Only three complaints were Died with the Board of Review yesterday, and these were all for small amounts. H. C. Bostwtck. cashier of the South Omaha National bank, left last night for Chicago to attend to business matters. Rev. Clyde C. Clssell of Omaha win speak at the Toung Men's Christian asso ciation Sunday afternoon on "The Golden Sunday afternoon, June 28. Governor J. vr Mickey will deliver an address to men only at the local Young Men's Christian associa tion rooms. Mr. and Mrs. Claude W. Rose innmim.. the birth of a son. Mrs. Rose is the daugh ter of Mrs. Ienna Allbery, Twenty-fourth and G streets. The Hiking club of the Tminr xfen'a Christian association will leave on lis an nual tramp Tuesday morning Instead of Monday morning. This Is the day set for a revision of th registration. All who want to vote on th bond proposition Tuesday should see to it that they are registered. Mortality Statistics. j The following births and deaths havl been reported to the Board of Health: Births Abraham Dubner, lvtu Bout) Thirteenth, girl; Judson Van Doran, 4J Capitol avenue, boy. Deaths Henry Johnson. W3 Nortj Twenty-fourth. V: Mosale K. Swenger, South Fourth; Mrs. Bridget B reman, tti Taylor, (A. Espeaslve Beer Drlaklag. The beer drinking party, composed of H. Green, his daughter. Sarah Bolter, her daughter, and her aister-ln-law, Nanif Bolter, were fined to and costs each It police court yesterday, with the exceii tlon of the little girl. The parties weif arrested by Omcer Baldwin as the grani father of the utile girl was giving her slass of beer. They were In the rear of saloon l Sixteenth a&d Davenport streeti seems Impossible for them to break lose. If it were possible to send the worst cases to the hospital and make them take the treatment, I believe It would be a good thing and would save many a man from absolute ruin. DsBgeroas Class of People. "We have to do something with these fiends, however, for they are dangerous. They give us more trouble than any class of people. They steal everything they see loose and In order to get their poison they would not hesitate to commit murder. We have arrested them and thrown them In jail, but that seems to do no good. As soon as they get out they begin again and steal clothes, carpenters' tools and nearly anything. I do not believe the habit In Omaha is growing to any extent, though It seems that way. From the fact that we have closed their dens we see more of them on the streets and we arrest more of them, but most of them are old timers." J. B. Mosley. who has had the habit for years and who has served over 100 jail sentences for petit larceny committed while under the Influence of drugs, was sentenced to Jail yesterday for thirty days. Mosley was arrested in a basement at Fourteenth street and Capitol avenue while cooking opium. Residents In that vicinity saw ths light In the basement and thought the man was a burglar. "The arrest of Mosley," ulit th. rhlf "shows how danreroua these I people are. He was In that basement, half craxy and If someone hadn't seen the light tts Is more than probable that the building would have been set on nre." THISTLES AXD DASDBIFF. Aa Interesting Parallel and a Valua ble Dednctloa TherCtrosa. Cutting down thistles no more relieves the land Of thistles than does scouring the scalp cure dandruff. In each case per manent relief can only come from eradi cating permanently the cause. A germ that plows up the scalp In searching for the hair root whore It saps the vitality, causes dandruff, falling hair and bald ness. If you kill that germ, you'll have no dandruff, but a luxuriant suit of hair. Newbro's Herplcide Is the only hair prep aration in the world that cures dandruff, falling hair and buldness by killing the germ. "Destroy the cause, you remove the effect." Send 10 cents In stamps for fref sample to The Herplcide Co., Detroit, Mich. KRECH IN HIGHER POSITION Becomes President ef the Equitable Trast Compaay of lew York. Alvtn W. .Krech, who was connected with the Union Pacific receivership, has recently resigned as vice president of the Mercantile Trust company to accept the presidency of the Equltablo Trust company of New York, In the place of William T. Cornell, resigned. Mr. Krech was born In Missouri and be came prominent lnthe railroad construction business. He moved to New York In l5. and assisted largely In the reorganisation of the Baltimore Ohio and Union Pacific railroads. In IKK he became connected with the Mercantile Trust company of which he became ths vice president In 1893. MUST WAIT FOR NEW MAINS City Engineer Qitea Opinion that Peoplt Cannot Force Water Company. HYDRANT REMOVAL WOULD NOT DO IT Oplaloa Is that Company Coald not Be Compelled to Extend Mains More Thaa Once for the Same Bydraat. In the opinion of City Engineer Rose- water Councilman Zimman's proposal to have unusued fire hydrants transplanted to localities where they will be of service Is not practicable. The engineer, who Is thor oughly conversant with the contract made twenty-three years ago between the city and the water company, says the agree ment prohibits such removals, unless the hydrants are to be placed along some water main already constructed. One of the chief objects of removing the hydrants Is to se cure the extension of mains In localities unprovided with water. The question of fire protection enters, of course, but at every location where a new hydrant is de manded there is no main. The water com pany might waive the right to refuse to change the hydrants, but this. It Is clear, will not be done, as It would require ex penditure for mains and since ths municipal ownership proceedings began the company has ceased to make extensions or Improve ments In the pipe system. City Engineer's Optalon. "The contract, as has been said before. Is a good contract for the water company," said Engineer Rosewater. "It provides that for every S84-foot extension of mains a firs hydrant must be established, for which the city pays $o0 per year. This provision, of course, applies to new hydrants not speci fied in the contract. Now, In my opinion, the city cannot compel the water company to change the location of the useless hydrants because It would entail an ex tension o( mains. The matter of ths city bearing the expense of the removal cuts no figure. The fact of the matter Is that you can't compel the water company to extend Its mains twice for the same hydrant, no matter where It Is located." Should Mr. Rosewater be correct a great many property ovnwi will be disappointed, as It was hoped to have the hydrants changed and water supplied before the end of the summer. The requests for new hydrants and extensions number more than two score, and some of the communities are In bad condition to resist fire. It appears that they roust wait, however, until the city has formally taken over and Is operat ing the water works. Hew Travelers' Post. The Nebraska officers of the Travelers' Protective association will gj to Norfolk Saturday morning to establish there a new , post. This will be rost r . ine oiucr posia The vice president, of the Equitable Trust J", A in Vebra.' Cl.V and E In rnmnjinv are James 11. nyue auo l. 1 r.P.nt uunri. 'ine wora 01 installation n.m..r,i. mnA ik. uw.ntirv and Imuuritr I will Lake ulace Saturday evening. The ' ' - 1 . l(,.t., In HJnvf,)lr hav hwn fnr u n..n- ti. 1 . . 1 1. n niw rail . mvcipi. ' " - - - - - 1 " rune 1 " t.i'i-' .nriiin, ii n Interest In the aa elation with the Idea of forming a post. and the surplus 8,314.000. Tea Take a Risk Is oaing Dr. King's New Discovery for Consumption. Coughs god Colds. It cures all lung troubles or no pay. sOc. 11.00. For gals by Kufca 4 Co. Pay. Pats an4 Sperkfirtx. Bottled Only at ths Bmrry kt St Louk. Otter from H. May A Compaay; 57 P sVvI It .T-rtTTl OH EM I AN YOU CAN HAVE EVERYWHERE All First Class SAZOONSand JtlSTAURMFS KEEP IT. iTurTr u. ji i i mir (talMOIRlHN rvrriiri-mT' v QNClNNAn.O.lj rrssnrniTssi n 1 1 1 i 1 r MILLER LIQUOR CO. Wholesale Dealers snd State Agents,