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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 1, 1904)
TIIE OMAITA DAILY REE: FRIDAY, JULY I, 1904. 8 9 ) S) j 5,000 Sample Bottles 'OF' Uarnor's Sato Curo Tha World's Greatest Kidney, Liver, Bladder and Clood Cure, and 5.030 Medical Booklets GIVEN AWAY FREE Tbls Genercns Free Distribution Will Tike Place on TODAY AND SATURDAY JULY 1ST AND 2ND FROM HIKE TO SIX O'CLOCK ( WO'J-HERALD OFFICE OWJ L.OTTLE 13 FOR YOU. PLEASE CALL FOR IT. RABBIS ELECT OFFICERS Vote Favorably am stoaod and Intro dace a Report Bearing I pon the Far Eastern Wai liTavTt.T.ia Kir.. June 30. Hon Mary president. Kabbl Kaufman Kohler of On- clnnatl: president. Joseph ICroskupf ol Philadelphia; first vice president, Joseph S. Tola of Chlcngo; second vice president, Jacob Voorsanger of Ban Francisco; treas urer, Charles B. Levi of Peoria, III.; record lng secretary, Adolph Outtmacher of Balti- more; corresponding secretary, . William Boseauf of Baltimore. The above named officers were elected to day by the central conference of American Rabbis and after selecting Cleveland, O., as the place of meeting next year, the con ference adjourned. After a strenuous debate on "the ques tion of establishing a synod the conference left the question open, to be taken up at a future conference. After the vote on ths question had beep taken but not an nounced by the president the friends of ths synod movement saw that they were Victorious by a vote of 36 to 23. The committee on contemporary history, Dr. Q. Deutsch of Cincinnati, chairman, made a voluminous report on events that have transpired since the last conference. Concerning the attitude of the American Reformed Jews toward the Russo-Japanese war, the report reads as follows: . Far be It from us to forget the teaching of scripture which warns us not to rejoice .when, our, enemy tall. But. we shall lm press our audlenoe with the great lesson that tyranny was Its own destroyer. We shall further not fall to make them under stand that through the proposed improve ment In the condition of the Russian Jews by allowing unrestricted residence through- out ths border district, the misery of our Russian brethren will not be substantially alleviated. It may be that a' sudden transition, from the present disabilities Into full freedom, while Anally the only solu tionis for the present fraught with dangers. But. on the other hand, the full freedom of residence within the whole empire and unrestricted access to the educational In stitutions are the minimum of what our co religionists are entitled to demand. Let this message be spoken out clearly, both liereand from every congregational pulpit. TVo lleo Want Ads are the Best Business Eooosters. Rrbekaha at Humlolilt. HUMBOLDT, Neb., June SO. (Special. ) Tea'trday was the day set for the annual dlstrlot tneetlnv of the Dau..r of Re "hekvih. and th women of the local lodge ).'d been busy 'or several days making jmoar-'yons to entertain the tlrltors. In spite oi , t inclement weather an excel lent meeting Is reported at tXe hall during too evening session,., which was presided over by Mrs. Mary p. Livingston of Fre n.'rjt. state president of the order,1 as sisted by Mrs. N. J. Olasson.of Tecumseh. A candidate provided by the local member ship was instructed- In the mysteries by the Pawnee City degree staff, and later the newly olectet) officers were Inducted Into officio by Mrs. Claire Seism of Table Rock, assisted by a team from that place well drilled In floor work. The officers are as follows: President, Mrs. B. Marburger of Humboldt; vice president, Mrs. V. 81 manlon of Falls City; secretary, Miss Nel lie Cotton of Table Rock; warden, Mrs. Stella 4 Means of Pawnee City; treasurer, Mrs. Bv C. Simmons of Salem. Ge. to derm.., for Treatment. COLl'MIlfS. Neb., June 80. (Special.) Ludwlg Raric, a well-to-do German farmer who Uvea just over the Platte river !u Butler county, left yesterday for Ger many and expects to be gone about two years. His object for making this trip nt this time Is to consult some of the emi nent physicians of the old country for a trouble which threatens to cause total deafness., Mr. Rarlo has applied to some of ' the best specialists In Chicago and New York In Inle years, but has found no relief. He Is one of the wealthiest farm, era In Butler county. Die. as Mrs.lt of Fall. COLUMBIA'S. Neb., June 10. (Special.) Plus PoefTel, one of the old settlers of Columbus township, died yesterday at St. Nory's hospital In this city. One week ago he full from a scaffold on which he wns working and sustained Internal In Juries which resulted In his death. He Bronchitis Ayer's Cherry Pectoral is the only medicine you need. We have been saying this for 60 years. If you want ad ditional proof, ask your own family physician.. Wc will abide by his decision if you will. That's fair, isn't it? 44 Ayer's Cherry Pectoral fiever falls to cure me of a cold. I have recom mended It to many friends suffering from throat and lung trouble; and they all say it does the work quickly and thoroughly." Charles Prerost, Platta turg, N. V. lis, M, Sl.es ACAmCOUeslLMasa, p PI was 70 year old and waa born In Austria. He had lived In. this count? and near this city for the past thirty years. He leave a wife and five children, all frown to man and womanhood and all residing; In this county. Money for Farmers' Elevator. OOEHNER, Neb., June 30.-Speclal Tel- egram.) Farmers' meetings were held here and at Beaver Crossing yesterday to form farmers' elevator associations. H. H. Hanks of Nebraska City spoki here today and 11,300 waa subscribed toward the stock of the company, which will be a branch of the National Farmers' exchange. C. Vin cent of Omaha assisted at Beaver Crossing, at which place another meeting will be held Saturday of this week. Crop pros pects are fully up to the average for this time of the year. . Alleged Swindler Arrested. NORFOLK. Neb., June SO. Charles A. Ftsher of Wichita. Kan., was anrested here for swindling. He' is alleged to havi ob tained money from a passenger on a train on a check on the Seattle National bank for fCOO. Checks of many banks . over the country were found on him, including Nor folk, Va.; Butte, Mont.; Kansas City, Vin ton. Ind. ; Colorado Springs and Decatur. Ala. fVpn Over and Killed. SIDNEY. Neb., June S0.-(Specla: Tele gram.) Anton Qottsteln of Lodge Pole. while on his way this evening to the Club eattle ranch, twelve miles north of Lodge pole, was thrown front bis v wagon. th hind wheels of- whlih ran. over JUs head. killing him Instantly. . The accident oc curred Ave miles north of Lodge Pole. Tho deceased was a widower, 61 years old. Boy Charged with Robbery. PLATTSMOUTH. Neb.. June 30.-(Spe-clal.)-40uy Applegate. 17 years of age. Is In the county Jail charged with daylight burglary. William Selty swore out the complaint, whloh alleges that Applegate broke Into his home and stole various ar ticle. NThe parties reside near Union In this county. Weirs of Nebraska. BEATRICE, June 30.-At a meeting of the city council Tuesday evening three mem bers of the library board whose terms have expired were re-elected. They are Hon. H da1der arah4mi Samuel Rlnaker and m-'i ww , vetrisj, ALBION. June 30. The Albion Chautau ooiiiuiy openea losr Monday and a great deal of Interer: has been taken In the same I. y the people of this city and the inhabitants of the surrounding towns. The meeting j have been exceedingly well at tended and the entertainments have been 111 a. (, BEATRICE, June 30. Coroner Walden held an Inquest over the remains of Theo dore Smart, the young man who killed iiiiiinrii a i wymore i uesaay afternoon. The verdict of the coroner's Jury was that deceased eame to his death by a pistol shot wound fired by his own hand walle In a fit uesponaency. GRAND ISLAND. June 30.-A Mr. Adams, an Inspector under the Immigration buiViu, has Just completed a canvass of the Chi nese residents of this city, of whom there are not over ten, to ascertain their right to be here under the present laws. All of mem w aoie 10 snow tne oroper creden tials. DAKOTA CITY, June 30 - In County Judge Elmers' court yesterday Owen B. Pepper, who a couple of weeks ego was brought to this place from Topeka, Kan., on a warrant charging him with larceny as bailee, waived his preliminary examina tion and was bound over te the district court In bonds of $1,600.1 which he could not furnish and In consequence Is now confined In the county jail. BEATRICE, June 30. Ed Webb and a fellow named Hammond, who goes by the name of Denny, two men who have oper ated a aamhllnsr footn here for &nm tlm have been ordered to leave the city at once by the chief of police under Instructions irora Mayor cnuits, wno says that he pro poses to rid the city of blacklegs If such a thing Is possible. The men have agreed to leave without further notice. BEATRICE. June SO.-The board of direc tors of the Beatrice' Driving association held a meeting last night and arranged the program for the races to be held at tha anving para on tne fourth of July. Ai Among the fast horses entered are Jessie M tho facing mare with a mark of 1:15, and Fred I. with a murk of i:KVi. The Beatrice Military band has been engaged to furnish the music and the races will be the best ever held at the new park. HITMBOLDT. June 30.-Thls section was visited last evening by a drenching rain of about three Inches, accompanied by some wind and light hall In parts of the crunlry. So far as . reported no extensive damage was done, although the farmers ure begin, ning to complain with regard to the exces sive moisture which la keeping tbem from cultivating the corn and destroying the weeds. On many farms along the valley of the .Nemaha It will be Imposslbis to obtain any kind of a crop, and In many other In stances the yield will be light. GRAND ISLAND, June SO State Archi tect Tyler waa In the city this morning In specting the Soldiers' Home grounds vtth a view to the erection of the new 'sundry building, commissary department and upper floor smoking rooms for which the last ses sion of the legislature made an appropria tion of 6.000. Mr. Tyler has plans for the building which meet with the -nthusl..'stlo aroval of Commandant Askw:th and It Is expected that the work of construction will begin at enre and be pushed to eom- Eletlon as rapidly ss posxlhie. l.ldn of rick and artificial stone will probably be asked for. DAKOTA CITY. June 0 -Steve Whltte car waived his preliminary examination In County Judge J. J. timers' court today and whs committed hack to jail In default of (l.uuo bonds to await the convening of district court next October. Whitteiar Is charged by hi daughter. Miss Georgia, flged 13 years, with criminally assaulting her on the morning of May tl at their home In South Sioux City. Whlttecar has been confined in the county jsli for about a month pant, the case having been con tinued it his r wniest two different times. About twenty witnesses were prsse'it at court today In testify In the case, among the nuniter being WMttecar's daughter, who preferred the Theme; Ms wife and a number of neighbors who had been subpoena. RECIPROCAL TAX LAW GOOD Supreme Court Changes Its Hind on Iniuranoe Case. VERDICT IN ULLIE CASE AFFIRMED Batter Conaty Woman Mast Serve Life Teres on Conviction of Haying; Mnrdered Her Basband. (From a Staff Correspondent.) LINCOLN, Neb.. June 30. (8peclal Tele gram.) The supreme court, reversing Its own Judgment, has sustained the Insur ance reciprocal tax provision of the Ne braska statutes. The decision waa written by Chief Justice Holoomb In the case of the stats against the Insurance Company of North America, The former Judgment overruling the demurrer to the answer is vacated and the demurrer Is sustained. The validity of the reciprocal tax law Is Involved In this suit and the court holds that the law Is In force and effect. It requires a foreign Insurance company do ing business In this state to pay the same license fees required by the laws of the foreign statea of companies of this state doing business therein, whenever the ex isting or future law of such other states shall require companies of this state to pay license fees for the privilege of doing an insurance business therein. Under this soi toe rteurassa insurance uepanmeni ( will collect thousands of dollars annually. Affirm) Verdict In Llllle Case. The supreme court today affirmed the sentence of Mrs. Lena Margaret Llllle of David City for the murder of her hus band, which occurred September 24, .1802, at their home in David City. She was convicted of murder in the first degree and sentenced to Imprisonment for life. She appealed to the aupreme court for a reversal, because the evidence was cir cumstantial and because of errors in the proceedings, which, she alleges, prevented a proper Investigation ef the charge. Judge Sedgwick, writing the opinion of kthe court, overruled these objections and amrms the decision of the district court. Mrs. Lillle's attorneys will file a motion for a rehearing without delay. In closing his opinion, Judge Sedgwick says: The duty of determining whether or not a fellow being has been guilty of so cold blooded and unnatural a crime Impose a terrible responsibility. A wine provision of our laws requires the Judgment of twelve men upon such questions. Every reasonable precaution Is required to guard against an unjust conviction. It Is the du ties of the courts to see that these are observed. If all of the rights of the ac cused have been protected. If upon the whole evidence the minds of reasonable men might differ as to whether there Is reasonable doubt of guilt, the conclusion of the tribunal to which the law commits the respoieaibillty must be taki.n as Just. The wisdom of the past tells us that thus we have greatest assurance of avoiding the mistaken Judgments to which the frallltles of human reasoning sometimes lead. We conclude that the law does no', require nor allow us to Interfere with this vrdlct The judgment of the district court Is therefore affirmed. It was charged that Mrs. Llllle had been speculating In grain and lost considerable sums of money and that ahe shot and killed her husband while he was 'asleep in order to procure the Insurance upon his life. The trial was a long one and bltterlyjon tested. . ' Cannot Drown Oat Neighbor. "An owner's right to discharge surface water from his premises does not extend so far as to permit him to collect it In a volume and by means of an artificial channel discharge it, upon another's land contrary to the natural course; of drainage to the latter' s damage and detriment,'! Is the opinion of, the supreme court, in the case of John Todd against York County. Ths county waa possessed of certain lands on the county poor farm whloh' were from their low nature subject to floods during the rainy season. Water was wont to col lect and stand and the former owner of the county farm, to prevent the accumulation, provided for artificial drainage which di verted the greater volume on the land of the plalntlfl. An Injunction was sought In the lower court to prevent the use of the artificial channel by the county and was granted. Ths court affirms the decision of the lower court by holding that a draw with which the artificial channel con nected was a natural waterway, but that the county had no tight to divert the drain age so as to injure the land of Todd. Henry Most Serve Time. The supreme court has affirmed the de cision of the district court of Antelope county in the case of Frank Henry against the State(( a petition In error against a conviction and sentence for robbery. Henry assaulted and robbed Walter Older at Brunawlck on March 21, UC3, and later waa arrested.' tried and convicted. Donner Gets Now Trial. Frank Donner, charged in the district court of, Antelope county with the theft and sale of two steers, has been accorded a new trial by the supreme court in re versing the decision and remanding - the case to the lower court. Donner was charged with having stolen two steers from one Henry Wilson on July 17, 1902, and shipping them to the South Omaha stock yards, where they Were sold. It was sought to prove the theft 'and sale by the record ot the stock yards company con cerning the sale of a carload of cattle among which the atolen cattle waa sup posed to be. The court holds that the stock yards record Is not competent evi dence. It also condemns an instruction of the lower court to the Jury that testimony of the defendant was not to be received blindly, but only after due consideration of Its probable truth, holding that such an Instruction discredited the evidence of the prisoner. The sentence of the lower court was four years in the penitentiary. State Snea Joarual Company. The State Journal company was this afternoon aued by the stie of Nebraska for fi2,au0, it being chargud by the state that the Journal company had fraudu lently aold Nebraska supreme court re ports to that amount. The petition wiu nled in the supreme court by Attorney General Prout at the request of Governor Mickey, to 'whose attention the matter was called sums weeks ago and who made the investigation upon which the suit is based. The Journal company has on many oc casions had the contract for printing the reports, the contract being for 1,000 volumes of each report. It is charged that since 147 it has, after delivering the 1.000 copies to the state, aold at least 600 copies at re duced prices to lawyers and others, when the atate still held the copyright. The petition alleges these volumes were sold for 2,60 each and that the state baa been defrauded out of at least 172,600, and it asks for that amount, together with the coat of tha ault and Interest at 7 per cent from AprU 12. WA. The suit has been talked of for a long time and about the time the State Board of Equalisation began to hold Ita aessiona the talk became more strenuous, finally ending In the ault being filed late this afternoon. Proceedings In tbe S.nreme Coort. The following attorneys were admitted to practice Id the auprome court: R. L. Staple, William M. Brown, Charles 8. Roe. The followlug applicants wert ad mitted to the bar: J. G. Yont. J. T O Stewart. Adolph Helln. J. A. VanWageman' bayard H. Vame. William bests, John it Lindsay, 8. 8. Krake, Henry F. Guile' tUephtn J. Coonradt, Alex W. Anderson' Jaiuea K. Ryan. Juua iu Qulnn. Ciiarisa A. Chappell. John Wlltoe. William A. Roo field. The following cases were continued to the September term: In re estate of Parker. Wheatley against Chamberlain Banking House. Blair against State of Nebraska. Maurer against County of Gage. Miscellaneous orders were entered aa follows: Frederick Shepherd allowed ISO for aer Vlces as secretary of the Bar commission. Western Travelers' Accident Associa tion against Tomsvn. Continued to Oc tober 4. Defendant given sixty days to mske counter showing. Agnew against Montgomery. Plaintiff given ten days additional time within which to file briefs on motion for re hearing. Humphrey Hardware Company against Herrlck. Given leave to file amended pe tition. Allowed thirty days to file briefs. Simmons sgalnst Kelsey. Leave given to file additional transcript. Grandln against First National Bank. Leave given to withdraw motion to set aside order granting rehearing. Plaintiff f riven leave to amend motion for rehear ng, with leave to defendant to file ob jections. Defendant given' thirty days to file briefs and plaintiff given twenty days to reply. Parrotte against Dry den. Appellant given leave to file reply briefs Instanter. State ex rel Haupt against Pacific Ex- ress Company. Charles B. Scott allowed I.2S for taking and transcribing testimony. Aacnen St Munich Fire Insurance Com pany against Omaha. Advanced and sub mitted. ( Provident Savings Life Assurance So ciety against Omaha. Advanced and sub mitted. Zobel against State. Leave given to county attorney to file aupplemental brief. State ex rel Bank of Atkinson against Cronln. Stipulation to advance for hear ing overruled. State ex rel Bank of O'Neill against Cronln. Stipulation to advance for hear ing overruled. Keeley Institute against RIggs. Given ten days to file briefs on motion for rehear ing. Farley against McBrlde. PlalnUnT given until August 1 to file briefs. Williams against Miles. Lave given ap pellees to file briefs used in former hear ing. L'nlon Pacific Railway Company against Flckenscher. Twenty days additional time to file briefs on motion for rehearing. State asalnst Bankers Union of the World. Additional Items of expense allowed. State against. State Journal Company. Leave given to file .petition. Huddieson against folk, leave given to file brlefa on motion for rehearing. Cllne against Stock. F. C; Hammer given leave to file brlefa on motion tor rehear ing. ! Omaha B. T. Company agalnat Whitney, j Rehearing denied. j jahnke against State. Kenearing anowea. i Grand Lodre Ancient Order of United I worKmen against Bartes. nenearing ue nled. Stoecker aralnst Nathanaon. Rehearing denied. ' Kime against Casa County. Kenearing allowed. . Humphrey Hardware Company against Herrlck. Rehearing denied. Gourley against, Prokop. Rehearing al lowed. Western Mattress Company agalnat Oa tergaard. Rehearing allowed. Smiley against Sioux Syrup Company. Rehearing allowed. The following opinions will be officially reported : Aldrlch against Steen. Former judgment modified. Judgment of district court af firmed. Sedgwick, J. Todd against York County. Affirmed. Hol comb, C. J. Llllle against State. Affirmed. Sedgwick, Stocker against Nemaha County. Af firmed. Barnes, J. Henry against State. Affirmed. Sedg wick, J. Penn agalnat Trompen. Affirmed. Old ham, C. Donner against State." Reversed. Barnes, 'Shannon against Omaha. Reversed. Let ton. C; Holcomb, C. J., dissenting in part. Naudaln against Fullenwlder. Reversed and judgment entered In thla courtT Hol comb, C. J. t. , . Clarke agalnat Woodruff. Affirmed. Let ton, C. State against Insurance Company. Former judgment vacated. Demurrer- sustained. Holcomb. C. J. . Williams against N. W. Quarter of Sec tion 4 et al. Affirmed. Ames, C. State ex rel Holm against Ellsworth. Affirmed. .Oldham, C , , Young against Ffgg, Affirmed. Ames. C. Iska against State. x rel Pankonln. Af firmed. Oldham, C 1 ' ,"'- ""' Stock against Lutbeni.i Motion to quash bill of exceptions sustained. Sedgwick, J . Back from Philippines. COLtJMBUS, Neb.,., June S0.-(Speclal.) Fred Rollln. a Columbus boy ' who has spent the best part of the last six years In the Philippines, returned home yester day for a few weeks' vacation. After serving In the Thirtieth regiment for over two years Rollln has since been In the employ of the government. He was hold ing the position of postmaster at Jolo, a town of about 2,000 people, but resigned in order to come home. , Jolo Is the principal city of an Island about eight by ten miles square. He returned, home by way cf China, Japan and Canada. Rumor haa It that Mr. Rollln will return to the Phlllp plnea with a bride, who will be a young lady here and an old schoolmate of his. Storm Damages Crops. WEST POINT, Neb., June 30. (Special.) A very severe electrical storm, accompa nied by a torrential rain and hail, passed over northern Cuming county last evening, causing great damage to growing crops. In the Cuming creek district, northeast of this city, the hail beat down the corn badly, stripping the leaves and splitting the stalka. It la In many fields Impossible to enter with a cultivator. The damajf to wheat and oata waa not so great. As far as calr be learned the storm extended In a strip about ten miles In length, doing more or less damage all the way. Policemen Held for Trial. SCHUYLER. Neb., June $0. 8peclal.) Charlea A. Sherman and E. T. Croshaw, night policeman and night watchman, re spectively, who were arrested on tbe charge of burglariously entering, the store of the Wells Grocery company June It, had their preliminary hearing before Jus tice Payne and were held for trial In the district court In the sura of $2,000 each. Arrangements were effected whereby E. F. FoldaLbecame their bondsman. MEh'! QUI INK TROUSERS Those breezy, comfortable kind that'll double your pleasure on the 4th, and for we?ks thereafter. From the waistbands to the bot toms they are unquestionably cor rect. New Homespuns and Tropical Fabrics, feather-weights ' In the full aenae of tbe word with stylo away from tbe ordinary. strength whore strength should be gTace where disgrace usually abounds. $2.00 to $8.50 Correct Dress for Men and Boys. if Reconstruction Off With S Cutting Out 0 tlGtons Never in Omaha shoe history have such .styles and qualities in men's shoes been ottered tor such prices. . $3.50 Decaturs are $2.65. $5.00 Decaturs are $3,65 DECATUR SHOE CO., Frank Wilcox, Mgr. 1521 Famim St. Gelling Ready for Neitletons and i0 miarVV-' i Hall -Ir"" iil-T- sT IT iT""' iiri'n ' 'J 'WWJs mmWSSJBJ I -a. ' 0 10 Splendid Summer Stories r 100 Superb Illustrations 30' Pictures in Color 16 Portraits of Society Beauties. 22 Separate Titles An Ideal number of the Ideal American Periodical ' "A 35-cent Magazine for 15 cents" For Sale by your Newsdealer The! July numberof the M ETRO P O LIT AN M A G A Z I N E I MM Ca Jtfk UUIUJIL the Old, On; With ecaturs, Putting in Jot- and t7olIiouors. i I . o Sfi BB SbUb ACTIO M the New. Walkovers. i t..V . ft n - sO sVTtTiygsBr' E
