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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 21, 1904)
SYCAMORE BY CY WARM AN. (CopjTlllht, 1904. bjr Cy Wartnan.) omsthln hia host Mid at dinner soma passing- rtfersnce to the metsorlo rlM of Mt. J. Bpncr At wood from law to Htwa ture had ant that proifxroui youiif author thinking on ths not verjr rcrte yester days of hli lift. Hs might have hailed a hansom; Indeed, h could well aTord a earrings and a pair of hla own, but this night be preferrod to walk home. In a narrow Ian Just on the gtrand ha found himself at the street door of a dlnfr brick building. Coming out of his reverie he laughrd a noiseless little laugh, and stood for a moment looking tip at a win dew which, for yara, had been his one opening to the world, llow many cigars had he smoked, how many air castlea had he bullde4 with one e'bow on the ledge of that lonely lookout? While, as a matter of fact, be had not foreseen this fame which was come to him, he had. In torn vague way, felt It, and had xprtenced no great surprise at It coming. It was pleasant, after years of abeencs from tho little lane, to stand there In the midnight aliened and look up at the win dow where he had dreamed soma of the rosiest dreams of hla life. A year ago he lived there. Teaterday be lunched with the lord chief Justice. '. Today he dined with Gladstone. Tomorrow he would sail for America. IT was stealing; quietly away, for he hated notaa and notoriety. Ha was going to visit and to rest, t , "Goodbye, dear old stepstone, good bye,' ha quoted and turned away. As he walked slowly to his luxurious apartments Atwood began to ask himself why he had come back to the old place at midnight and alone. Was It Mr. Glad tone's rnfortnee to the old daysT or Mr. Gladstone's old portT or was ha lotting hlm etf In his work? ' Anyway he was glad that his stout limbs had carried him back that he might take leave of his old bachelor born before his departure for America. As he walked away with elevated chin his foot struck a stone. He .paused and looked down. Ho had stumbled .over the Slab thnt covers Goldsmith's grave. "What a narrow swath I shall be cutting a hundred years hence," said Atwood, hur rying on. i ' ' ' ' ' Sycamore." always attractive, was never more so' than now. Touhey, the old gar dener, was arrnnglng the rustlo seats under the great trees where the robins were riot ing, when a carriage swung In at the lower gat and rolled leisurely along the graveled driveway, arched over by drooping bows of ancient forest trees. Atwood was charmed with the place. He had come to Cauuda expecting to find only nerw crude things and was agreeably sur prised. He saw, too, that the welcome accorded him was genuine. The hostess, Mrs. Peer ing, was sister to bis mother, sweet soul, who had gone from him when he was but a boy. Hs admired her sons, sturdy young fellows, just merging Into manhood and taking their places In the. work of tho world. Us was charmed by bis beautiful cousin Helen, and greatly amused and en tertained by his maiden aunt, Phoebe, who seemed ever to be In the act of side-stepping some sudden calamity, or shying at an Imaginary menace. Atwood was not only clover, but handsome as well, and from the day of his arrival the staid old country aeat took on holiday airs! Almost Immediately telegrams began ' to pour in from leading publishers, followed by letters inviting the visiting author to contribute to the magazines; while special writers and artists from the big dallies be gan to break a trail from tba big towns to the northern shrine. ' At the end of a week all roads seemed to lead, to "Byoamore." To be ' sure Atwood knew his coming would make soma noise, but hs had not expected It would be as loud as this. The space-writer and the koduker had estab lished a. peaceful blockade of "Sycamore." If ha showed bis head someone took a, shot at him. 'One'perslstent ploture-maker, hav ing stolen Into the grounds by night, hid uuder a big blroli and actually photo graphed the author in the swimming pool while ba was taking a morning plunge. It was probably this crowning audacity mora than anything else that caused At wood to accept an assignment to do a short story la the Vein, originated, devel oped and mad famous by him, for the foremost magailne In America. The price flaed by the publisher was fabulous, and tn the even i of the author finishing the story In a fortr. ht there was to be an honorar ium. Which. If It bad noma tn Mm In ti. form of a retainer when ho was a strugg ling barrister, would have taken his breath. HIS aunt, by this time, quits ready for a few days' rest, be took into his confidence. Hs was to have his meals In his apartments and bs left alone. It worked beautifully, for Mrs. Deerlng. being a woman, was an arilst In the art of making you understand without saying so In so many words. It was as easy as being "out" when she was In, or "In" when she had Just been "out." In a few days everyone In the little city knew that Mr. Atwood was indisposed. Nothing serious, however probably out In a week, or two at most, Jeanette, the par lor muld, always ' wors a look of distress when a caller asked after the author, but brightened when assuring tha visitor tbat hs would be out soon. Sarah, the house maid, tiptoed past his door. Mary, the cook, would have killed him with "delloa cles" If he had eaten all she sent up, Tou hey. the gardener, was grieved because of Atwood's Illness, but glad of the oppor tunity to drive the kodakers away. One night Mrs. Peering was awakened by the low muttering of distant thunder. She fell asleep again, only to be wakened by the same ominous noise. She wss one of those women who can face any amount f real danger, but who tremble In the awful presence cf the Incomprehensible. She got up and stood at the window. Away In tha western sky the storm king aas shaking his golden chains on a back ground of dead black. Without the night eras noiseless. Not a leaf was moving. Mrs. Peering threw a shawl about her Ihouldera and sat down to watch the stornv. The leaves began to nod and sway In the rising breeaa. Suddenly the great trees seemed to shudder. A chain of light ning leaped from tha black sky and darted, moke-like, among the trees, leaving the darkness deeper than before. Immediately following this ferret-like flash a snow- white figure emerged from the shadows of . the great birch, paused up over the shoul der of the hill and disappeared down the steep bluff In the direction of the river. A new, strange terror sat upon the sou ; CrtlYs Pa.rfltt.o Elat. A trial bottle Is sent prepaid, free of ehanre, ta vr recxiar of this paper who has ebroolo btoinacb Trouble, VlstuWnoy. Ooiuiiix-uun. Catrrk of the Mucous Mnnibrwo-, IohkmUoo. ot Liver or Kidney, or Iun.iuui.Uuuo Hlt-iaar. One doae a lr retkevas liuiumliuly. cures .6 aoiuuiiy. builila up U nervous njucm and pro niutos a .arrr. purer and riolier blood aui ply. fceveaty-nve ceius at Dm bioraa fur a Ur bolUa, usual dollar slie, but every rculur ot tula paper who needs mrdloine will be supplied with a trial bottle ol 1'ruko s PilLoetto Wise. !. ot clmnrs, l wrtiiiur lor II to Uruke For mula QuuiiMitj, ttoeit UuilUiug, Cblwmu. Li. 99 of ths Ions watcher at the window. Shud dering, she rose and stepped Into the hall.. The transom was dark over Atwood's doer. He had retired, though hs bad been In tha habit of writing long after mid night. Off In another wing of the big house ths boys were sleeping. She stole softly Into her sister's room, which faced ths west, and to her surprise found Aunt Phoebe sitting at her window. Bhe, too, was nervous and unusually distressed. The two women camped together that night. In their conversation, the little that passed, each blamed the storm for her nervous ness. Aunt Phoebe was up early the following day and began to Investigate what ahe called ths scandalous conduct of some of the female help. She went after Jeanette first, but the fiery little French-Canadian parlor maid soon convinced, the self-op-pointed superintending housekeeper that she had not been out In her robe ds nult. Then Aunt Phoebe stood Sarah up, and Sarah Indignantly denied having left her room during the night and promptly handed In her "notice." , It took time, even for Aunt Phoebe, to nerve herself to move on Mary, ths cook. In two minutes It was all over and Mary was packing up. "I've given notice," said Sarab, as Mary, red and perspiring, stamped up the back stair. "I've given them a chance td fill me place," said Mary. Aunt Phoebe, baffled and alarmed, called Mrs. Peering, who, after much diplomacy, succeeded In establishing a truce between her sister and the servants. u "It s all very well tor them to deny it." said Aunt Phoebe, when her slater chlded her, "but I saw a bussy come up the river path and pass around to the rear of the house Just as you entered my room laat night." Mrs. Peering stared at her sister. It was Sarah's night out that night, and with the consent vf Mrs. Peering Jeanette went with her. It was midnight when the two girls en tered ths lower gate and hurried along the driveway, "There's where the oreadful man hid," said Jeanette, "to photograph Mr. Atwood in the swimming pool. Isn't Mr. At" Jeanette stopped short, grasped Sarah's arm and stared In the direction of the pool Out ot ths shadow of the big birch a white figure fared, crossed an open, star lit space and disappeared over the shoulder of tha hill In the direction of the river. The girls caught hands and raced for the house. A few nights after Louis, the elder of ths Peering boys, returned late from a ban quet. While ha was hunting the keyhole hs heard footsteps as of a man running along the driveway. Turning he saw a woman running straight for the front door. As she came near she fell forward and he caught her In his arms. As ha lifted the falling woman he saw a white figure pass under a tulip tree on the brow of the hill and then drop suddenly be hind the bluff. Young Peering, not wishing to alarm the household, drew his find to the front of the veranda and hold ber face to the star light and began to look her over. It was Mary, the cook. Ha laid her gently down on ths door mat, plucked a bunch of dew-wet leaves from a tulip tree and fanned her face. "Please sur," said Mary, "would you ba so kind as to see me to the rear of the house?'' i. ' . "Yes,' yes, Mary." said Peering, "you'll be all right now." As they passed around to tbs west aide of the house Mary kept glancing back to wn rd the big birch '. from - whose ' dark shadows she could have sworn ahe had seen a ghost appear. '. ' This thing went on until one by one al most every member of the household had seen the white-robed figure emerge from the shadows down by the swimming pool, pass over the hill and fade in the forest that fringed the river's rim. ' ' ' They set a watch fn Mrs. Peering' room, which overlooked the grounds to the south and the river to the west, but the appnrl tlon failed to appear. They watchod again on the following night. Midnight and noth ing came. Just as, they were breaking up the watch Aunt Phoebe, who had been sit ting by a west window, called excitedly. "Look I Look!" One of the young men sprang to the window. He could see noth ing, but Aunt Phoebe declared she had seen the white thing leap Into the shadow Just beyond the tulip tree. '. The whole household wss bv tnl ttma becoming so demoralised by -the. constant dread of soma dire oalamlty that Mrs. Peering determined . to take Atwood Into her confidence. The author laughed at first, but seeing how his aunt was distressed he promised to Tinke the ghost's acquaintance at the earliest possible moment. .That right he Joined the watchers, but the ghost refused to walk. Another night was equally disappointing. On. the following night Mrs. Peering saw It and told Atwood so. "I have a plan," said ths author, "you take my room, I'll taks yours, and when 11 :W strikes I'll put my work aside and watch tor your ghost." For three nights he worked and watched and waited, but had nothing of Interest to tell his hostess when the next lay dawned. Mrs. Peering returned to her apartments and Atwood to his. That very night he saw tha sprite. Aunt Phoebe saw It, too, and took to her bed. The servants had ceasud to take their night out. "Sycamore" was a good Imitation of a madhouse. Young Peering wired Chicago for the best detective that could be had. "Who has seen this thing?" was ths de tective's first question. "Everybody about tha place but Touhey and the author." The detective examined ths ground, and discovered that the dirt had been spaded up under tbs big birch. There was fresh dirt on a spade near the lodge, though Tou bey said hs had not used It for a week. That night the detective sat with hia back to a big' tree immediately In front of the gardener's lodge, but Touhey slept Ilka a log until ths sun came In at his window." That day the detective -slept. Tbs next night he sat In a dark closot at the end ot a dlmly-llghted hallway, at the other end of which was the entrance to Atwood's room. 'Near midnight the light went out, but the door never opened during the night Toung Peering kept watch In his mother's room. He owned thnt he had nodded, but was positive ha had seen a white object lor a brief moment on the brow of the hill Atwood announced that his story would oe completed and In the mall on ths mar row In time to win the hnnnruium Mr, Peering, who was almost the only person permitted to see him, beard this with a great sigh of relief, for Atwood's condition was beginning to alarm her. H. eating, hia eyes had a stony stare, the color uua ten nis cneeas. At times be moved and spoke like one half asleep. Hla voice sounaea as ir it came irom a distance. "Poor boy," said Mrs. Peering, "it s tha ghost that a wearina on him." for his third night's work ths detective planned a blockade of the big birch. Two of the Peering boys and a couple of tbolr friends were to assist him, while, tha third veering was to remain with Mr Peering and Helen, Aunt Vtioobe was out of It al TIIE OMAIIA together, keeping her room day and night Promptly at 11 o'clock ths watohers took their places under ths great tress, com pletely surrounding ths mysterious birch. The detective having placed his men, took up a post between the pool and the point of the hill over which the ghost was aald to have paeeod up n mors than one oc casion. Nobody had ever Seen the ghost coming In, but the detsctlve took It fof granted tbat It would enter by the same trail used when departing. They had scarcely stationed themselves when the low-hanging toughs of the big birch parted and the white thing strode out In full view. The two women at ths win dow gavs a low cry, clutching at young Peering, who hushed them. Every man among ths trees stood stone still, awed by ths awful apparition. Only the detective kept a grip on his courage Hs stepped out from the shadow of the tulip tree and stood In the ghost's path. The watchers at the window held their breath. Inspired sud denly by the great courage of their leader the sentinels, one after the other, left their posts and hurried to his aid. The de tective put up his hsnd ns If to hold thern bsck. The little company paused. The de tective stepped to one side, and the whits thing ' passed on, disappearing among ths trees. Ths detective, silhouetted against ths star-studded sky, beckoned, snd the other men hurried up to ths level of the lawn. He put up his hand and they all stopped short At that moment the white object emerging from the shrubs, crossed an open space and passed out of view at the rear of the building. The detective sig nalled again and the others followed him to ths front of ths house. Ths watchers within Joined them. Up over the roof of ths summer kitchen cane the ghost. Helen hid her face and shuddered. Along the eve trough the white-robed object hurried to ward the front of the houss. "Hus-s-h," said the detective, "it's Atwood. If you wake him he'll fall." At the end of ths roof the ghost sat d.own, took hold of the cornice, lowered himself by one hand and dropped lightly to the porch roof and step ped In through an open window to Mr. At wood's room. The detective signalled and they followed him Into the drawing room. In an hour they were all comparatively calm. The detective, who had oeen upstairs, re ported Mr. Atwood sleeping like a tired child. A heap of manuscript lay t'pen his table with the word "Finis" written on the bottom of the last page. By this time the family Joctor, who had been called by telephone, arrived. "Let him sleep," ssld the doctor, when he had heard the story and looked the patient over. 1 Just ns he was about to leave the room the doctor noticed the stack of manuscript, turned It over and read the title of the tale that Atwood had been living for a fort night: 'The Ghost of a Miser." SUPREME COURT SYLLABI The following opinions will be officially reported: 11948. Rank against Garvev. Anneal from Pouglas. Former judgment auheied to. names, j. L Hector-Johnson Co. aaaJnat Rlllinirsi 01 N. W. Hep., 13, distinguished, and our former Judgment, (U N. W, Rep., 1025, is adhered to. 11M66. Uotbwell against State. Error from Cherry. lie versed and remanded. tioicomu, u. j. 1. Ths aenerallv accented teat of resoon. slbility fur crime Is the capacity td under stand the nature of the act alleged to be criminal and the ability to distinguish be tween right and wrong with respect to such act. Schwartz analnat Sta.t (Nt-h t. 1 N. W. Rep., 190. x, Moral insanity as a criminal defense Is not recognized In this state. One who knows abstractly what Is right and what Is wrona must, at Ma neril. nhona tha right and shun the wrong. He cannot yield to a vicious impulse ana allege mere weak ness of will as an excuse. Id. i. An Instruction on the question of In sanity In principle substantially ths same as one given In Burgo against State, 26 Nebr., 613, and approved, held not erro neous. 4. Inatruotlon concerning what Is a rea sonable doubt held not prejudicially erro neous, following Lelsenburg against Stats, W Nebr., Kis. o. in on-expert witnesses can be permitted to express opinions as to the sanity or In sanity of a person only when they have shown other sufficient qualllication.i. and have stated the facts and circumstances upon which their opinion of mental condi tion is based, juamb against Lynch. 55 Nebr., 133. . U767. Kmanuel against Barnard. Error from Podge. Affirmed. Barnes, J. 1. Where, by attachment - nroceedlnn Without any fraud or irregularity, certain oona nae creditors or an Insolvent corpo ration secure the application of all of the corporate assets to the payment of their claims, the fact that the directors of the corporation who had guaranteed the pay ment of such claims requested, and thus induced the creditors to Institute the at tachment suits, without giving the ssld creditors any advantage or rights other man tnose wnicn aa a matter or law iney already poaaeaaed, does not make such di rectors liable In an action at law to the Other creditors of the corporation.. i. one is not name in tort tor procuring or inducing others to pursue a clear legal right, although such aotlon may result to his advantage. J. In an action at law a prayer for equi table relief is of no avail unless the uetl- tion states facts which will authorise the court to grant such relief. 4. A single creditor cannot maintain an action at law against a part of the stock holders of an insolvent corporation for the violation of the provisions of section 136, chapter 18, of the Compiled Statutes. Suoh action should be brought In equity by the receiver. If there bo one, or by a creditor on his own Denau, ana tor an tne other creditors similarly situated, against all of the stockholders of ths corporation. S. A plaintiff In error is not entitled to have a Judgment of the district oourt re versed beta una the rights of a part of ths defendants are not adjudicated, when no right of recovery exists in his favor against any of them. tf. In such a case the question as to whether there was a misjoinder of causes of action or of parties does not affect the plaintiff when ie is the only party com plaining. 18:3. V. 8. Fid. tt Guaranty Company against Ettenhelmer. Error from Lancas- M bA -a 'aft DAILY IfEE: SATUKDAY, TIIE ILLUSTRATED BEE JAPAN'S POSITION IN WAR with Russia la the subject of an Interview had by Mr. Frank O. Carpenter with the Japanese rainlHter to the United States. It Is one of the mot Interesting con tributions to the discussion of the present controversy and forms the lending, feature of the number of The Illustrated Bee that will be out on Sunday. Another article on a similar topic is a character sketch of General Drngomlroff of the Rus sian army, who Is considered the real head of the military operations, Kouropotktn being considered a mere lieutenant of General Drag omlroH. A story of a Macedonian Incursion into Turkish territory gives vivid light on one of the phases of the transcaucaslan ques tion. It Is Illustrated from photo grnphs made In Macedonia. Auto moblllng In Omnha is treated with much care and detail, and gives considerable Information concerning the topic in a general way with a good deal of detail as to the out look for the trade and the advan tages offerM by owning one . of the big machines that are now so popular. It Is Illustrated from photos made for this article by a staff artist." New York Clty'g great prowth Is the subject of another special article, illustrated from re cent photographs, showing how Gotham Is torn up to be rebnllt. A fine picture of Hon. E. J. Burkett the nominee of tho republican state convention for the otHce of United States senator, will be found on the front page, with a story thnt tells of Mr. Burkett'g rise In politics. Several other pictures of local in terest will be found In this number. Including a group photograph of the recent state meeting of the United Commercial Travelers at Fremont. The serial story, the Illustrated Woman's Department, and all the features of the pnper will be found complete as tisttnl. If you are not already a subscriber, you should leave your order with your news denlor t-vlny. TIIE ILLUSTRATED BEE ter. Affirmed. Sedgwick. J. 1. One who executes a bond under cir cumstances that would estop him to assert its Invalidity for want of consideration cannot, in an action upon the bond, avoUl liability on the ground that ' plaintiff is estopped to assert that there was any con sideration for the bond. Estoppel against estoppel sets the matter at large. 2. A bond In pursuance of a statute after wards held unconstitutional la not valid aa a statutory bond, but may be valid as a common law contract, if supported by a consideration independent of the statute. a, A bond, given in an attempted appeal In an aotlon of forcible entry and deten tion, conditioned for the payment of rent is valid aa a contract. If the obligor has, by reason- of the bond, retained possession or the premises, though ths statute author izing such appeal Is afterwards ' held un constitutional. 4. One ct three persons who are ap pointed attorneys In fact by power of at torney may act for the principal, If the power of attorney contains no provision requiring more than one to Join In the aot. 1X&& Hackney against Hargreaves Bros. Error from Lancaster. Former Judgment adhered to; reversed. Holoomb, C. 1. 12644. Hackney against Raymond Bros. Clarke Co. Error from Lancaster. Former uds;ment vacated; reversed. Holcomb, 1. A creditor of a bankrupt cannot escape the consequences of the bankruptcy act regarding unlawful preferenoea by aaalgn lng hla account to a purchaser of the p erty of the bankrupt under an arrange ment whereby such pui-chaner offers to as sume the liability, and satisfy such ac count contingent upon the purchase of the bankrupt's property, and where In the sale of such bankrupt's property ss a part of the consideration such purcnaaer agrees to and assumes such liability and reserves from the purchase price an amount suffi cient to satisfy ths same. 2. In such case the legal effect of the transaction la to appropriate out of the as sets of the bankrupt the amount required and used In the satisfaction of auch claim by the purchaser assuming tha liability, and other essential elements not being lacking, an unlawful pref'-ence in favor of such creditor results Hi from. t. In a contest between a trustee In bankruptcy and one sough: to be charged as a creditor having received an unlawful preference the schedule of liabilities flled by the bankrupt In the bankruptcy pro ceedings la admissible In evidence on the Issue of insolvency as tending to prove the Insolvency charged. 4, Hackney agalnat Hargreaves Bros. (Neb.), 81 N. W, Rep., 626. adhere to. 13244. La Rue against Parmele. Appeal from Cues. Motion for rehearing over ruled. Sedgwick, J. 1. In a suit In equity to set aside a con veyance of real estate, where the right of possession la in Issue and depends upon principles of equity that must necessarily be determined by the court. It Is the duty of the court to determine the right of pos session, and if all parties Interested are before the court to put the party who is entitled thereto In possesalon. 18. Ttndail aaalnst Peterson. Appeal, from Kearney. Former Judgment modified. Ames. C. Division No. 1. , 1. Ordinarily a life tenant who pays off an Incumbrance upon the fee, will be en titled to be reimbursed by the reversioner or remainder man, the amount so paid less iiicweii The Burden -- Of fatigue vanishes in a steaming cup of Ghirardelir Ground ' Chocolate A delicious, nutritious drink that strengthens and satisfies. Always fresh. Alwavs read fsf use. MAY 21, 1904. sueh sum aa will equal We pree-nt value of the annual Installments ot Interest be would have paid duiina bis life. If the In cumbrance bad remained SO long In exist ence, wun lawful Inierest on tne .residue so ascertained from the oate of payment t Although minors may not be bound either by contract or by estoppel, equity wlU not lend its affirmative aid to enable them to take aa unjust advanuge of the mistakes or misfortunes ef their adver saries. Uu.. Trubull against froy. Error, from Kearney. Affirmed. Holcomb, C. J. L Evidence examined and found sufficient to sustain the verdict of tho Jury. 13K34. Hofrlchter agalnat Enyeart Error, from Butler. Keversed. Ames, C. Pl Vlalon No. L . 1. Presenttneat, notice and protest of ne gotiable paper, In order to be effectual to bird an enuorser, must be by one lawfully authorised by the holder to make them. IUH. Win net t against Adams. Appeal, from Lancaster. Affirmed1. Albert, C Ll vlnion No. 2. Sedgwick. J., concurring separately. ... 1. A civil right la a right accorded to every member of a district, community or nation; a political right Is one exercisable in the administration of government. 2. A oourt of equity will not undertake to supervise the acts and management of a political party for the protection of a purely political right 1341. Warden against Ward ell. Error, from Washington. Affirmed. Ames, C 1. Equity has Jurisdiction to aupply the omissions and defects of legal procedure when necessary to accomplish the ends of the law and to the due administration of Justice. 2. When a husband dies the owner ot a tract ot land selected a.id occupied oy himself and" family as a homestead, but which exceeda the value of $2,000 and which la ao situated that the dwelling house, and the grounds upon which it stands, to the value ot tne nomestead exemption, cannot oe set apart from the residue or tne tract, upon application of the administrator to decree the sale of the whole trsct for the fayment of tho debts of the deceased, and o direct that of the nroceeds of the sale $3,Ou0 shsll be Invested at Interest during tha life of the widow, the Interest ana in come thereof to be paid to her for her own use until ner aeatn ana upon tne nup Denlna- of that event, the principal to da acend aa in caae of other auch exemptions. . A homeatead exemption Is by the law of this state limited to the value of 12,000, and if. upon the death of a husband the dwelling and the tract of land adjacent thereto selected from his estate, and oc cupied by himself and family as a home stead, exceeds that value and Are so situ ated that the dwelling, together with the tou pus 'up tun s ) u,oqAt uodn epunojj exceeding that value, cannot toe set apart from the residue of the tract, no legal estate In thn land or In any part of It passes to the widow and heirs under the homestead act. but In lieu thereof an equitable interest to the value of 22.0P0 tn the entire tract does pass to them there under. 1347. Allen aa-at-iat Dunn. ADDeal from GarPeid. Affirmed. Klrkpatrick. C. Divi sion No. 2. ' L A mortgage securing a note contain ing a provision that In case any taxes or assessments shall be levlel against the legal holder of the Indebtedness on accmni of the loan within the state In which the mortgaged property Is situate,, renders the note non-negotiable, 2. A note and mortgage executed at the same time and as parts of the same trans action will be construed together, and the purchaser of the note and mortgage win be charged with knowledge of tho contents rtf the mnrta-na-e. 2. Contraol for ths loan of money aa set out In the opinion, bald to tie usurious. 4. There Is no authority under the laws of this state for the taking of Interest on anv Inmn nr fnrshearanee of money for more than one year In advance, for the purpose of obtaining rr.ore man en? legut raio ui in terest on the money loaned. I. An answer will be liberally construed with a view to upholding It as stating a defense. If Its sufficiency Is challenged for the first time on appeal. A . Evidence examined, and held sufficient to suataln the plea of usury. 13502. MeAdame against McCook. Error from Red Willow. Reversed. Oldham, C. 1. When a city makes provision by sewers or drains, for carrying oft the surface water. It may not discontinue or abandon the same when It leaves the lot owner In a worse condition than he would have been If the city had not constructed such drains. 1 It Is well established rule of this court that an instruction not warranted by the pleadings nor evidence, will require a re versal of the Judgment If It have ft ten dency to mislead the Jury, Easterly aalnst Slyke, 21 Nebraska, 611, followed and ap proved. 2. Instructions examined and found pre judicial. . . , 111608. Bolt against Anderson. Appeal from Hamilton. Affirmed. Albert, C Di vision No. 2. , " . ' i. The acknowledgment by . both hus band and wife, of an Instrument whereby It Is sought to convey or Incumber a homestead. Is an essential step in the due execution of such Instrument ' . ' 1 That such Instrument was thus acknowledged should appear from the In strument Itself In the form of a certificate of the officer before whom the acknowledg ment was taken, and In the absence of auch certificate, it la not competent to show by parol that the instrument was in fact acknowledged. . 13517. Ebers le against .Omaha National bank. Error from Pouglas. Affirmed. Ames, C. 1. A part payment operates to revive a contract debt, barred by the statute of limitations of Its own vigor and not as evi dence of an acknowledgment or new prom ise Z Ths evidence in this) case held to be Insufficient to support the defense ot the statute of limitations. 1532. Omaha 1 T. Co. against Omaha. Appeal from Douglas. Affirmed. Ames, C. Division No. L .,...', . , 1. A purchaser at a Judicial sale of lands offered subject to apparent liens, who makes no attempt to have the priority, validity or amount of the latter otherwise adjudicated until after confirmation and conveyance, is estopped to Impeach them. 13588. Btrong against Eggert. Error from Dawes. Keversed. Letton, C. 1. A verdict clearly contrary to the In structions of the court should be set aalde. 2. Evidence examined and held, not to sustain the verdict. 1S460. Kennedy against State. Error from Colfax. Affirmed. Barnes. J. 1. Evidence examined and held sufficient to sustain the verdict. 1 Where one Is arrested for the crime of burglary evidence of what wa fTd In hla room at the time of his arrest together with his conduct and statements on that occasion. Is proper and competent as tend ing to show hla consciousness of Innocence or guilt, as the case may be. i The attempts of the accused to escape, while confuisd In Jail awaiting his trial, may be shown as an inculpatory circum stance properly to be considered by a Jury, and to be given such weight as It seems fairly entitled to, with the other evidence introduced at the trial, In determining the oiielon of his guilt or Innocence. 14M. Luft against Hull. Error from Cass. Affirmed. Ames. C. Division No. 1. Unreported. . ... A county Judge is without authority to order the ameudment of a verdict after tha same has been returned and tha Jury dis charged. Watch for ths automobiles In next Sun day's Bee. Men's Hats Ask to see our "Young's Black" Hat. It Is a black derby to ths latest shapes. Frlea onljr 01.98 '-'i tAta jW ttta & rRfun Tke People's Iwrnfwre Jt rret Co. MEN'S CLOTHING-CASH OR CREDIT Men's Suits la Large Variety ot the fashionable paitrn, fancy mixtures, stripe and plaida, stylishly out, carefully f "I C tailored end perfect fitting-, a regular 115 value, on sale III- I Zj tomorrow, at only w flen'g Plain and Fancy. All Wool Suits with hand padded shoulW, self retaining hair cloth fronts and foiled collars, flt O "TP guaranteed, regular S10 value, priced for tomorrow, Oi I 53 at Men's Pants made of all wool cheviots and pure worsteds. In I Q black and a large variety of this season's stripes and plaids, aaV J 12 values, on sale at. Outing Suit Given Away Tomorrow Right. See 16th Street Clothing Window Dig Clearance Salo of Ladles' Suits. Tho new all-around blouse suits, the new novelty eton suits, regular $30 values, will be sold Saturday as a special inducement at $14.75 a suit. These garments are made by the very best New York makers, made of the very best materials, very best linings. The suits when seen talk for themselves. This PPICfi HOLDS for SATURDAY only. These suits are made oi vones, eiaminca, outing cloths and novelty mixtures. Very neatly carried out as to aiyic. CUT" very Important FACTOR. These suits will appeal to ladles of TASTE. On sale tomorrow only, tor fmUKERY. As a special inducement in our millinery section, we will sell Q JQ all our M and S6 hats, black foliage and ribbon, at $0nly a Dollar $ may be the foundation of a great fortune. Savings ac counts Increase regularly and drawing k per cent increase very rapidly. Oldest Saving Bank In Nebraska. City Savings Bank, 16th and Douglas Sts. WOULDN'T YOU LIKE TO BE ' ELECTED 71";v- s j. a. a. o TO TAKE A TRIP - 'Bhe St. Louis Exposition AT THE EXPENSE OF THE BEE. 9 A little hustling among your friends will make you a win- ner. COUPONS PAGE 2. ITS TEN CENTS - What To Eat Bend for opr. 10 seats or tl.Ou yr. Reliable Hsejth arttdae, Table 8ter.ee, Jwta, room.. Clever Teaete. good (Head to brts-btea your leisure mo ments. Pull ot novel suxtesUons tor n tart aj nine. Tka lm HwlU hlWIa an-'Dv mmm el fc awttaiar a4 kavUr It tta M im .r. 4n of Cfel. woriixt pabHLlefi." WHAT TO aUT UMentktv MuuW Wasltfcaatee s east t-Ut Ave Cfcaaa CMICMlSTCat-a t lUUtH 1 1 r-rt rt-M" t 11. Ik -4 A-tA IU. I i4 l.aara. ai.Wllt.Uo.. " I1" Itln lif.uo, uM kr I'.rtl.al.n, Tli.'U M ' Umlimi (W I "" .'".? tmrm Umli. ! r-.u "" a sw f -- raw 523331 IWs Shoes Latest styles and leathers, tegular S3 values, w iiiFi5r on sale tomorrow stouts, omam- At OI.G5 m 14 75 and colors, trimmed with .iUJ SSS1 EB.1 TO - sees Exposition Department, Omaha Daily Bee, Omaha. Charges Less Than AU OtherS. DR. McCREW SPECIALIST. TrMtsairaraMsf DISEASES OF MEN ONLY A Medical tUpirt. 2 Yaers HspsrUnce. It Viarsln Om.be. httiif M.0M Cam Cr. VarlMMDU. Hjru.l.. IUmS rot. 'ff.'r 01t. hw-rotj. 6.bllur, Ixa ol 8lruit sad VllU Ur all form, ol ahi-aiin ! Tr.liuul Uy ai.ll. CH wrlia, sea i GBc ,ru Ui a St.. Uuiaa. For Menstrual Suppression KT.s'SSS. PI3N-TAN-GOT St a ; koiM. H Sol t la ftai.ka kr Sh.na.a MvUbsU Otu te.. Mall srAm tll. Tiee auvvU.4