Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 17, 1904, PART 2, Page 15, Image 15

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    THE OMAHA DAILY BEU: SATURDAY, DECEMBER 17, 1904.
P0ST0FFICE NOTICE
COUNCIL BLUFFS
rr
KAflTERV BIBFRIA i at present for-
wnrdrt via Rui:i.
KOTK fnle othrwts .J1rM. TVst
Aiictralla In forwarded via Europe: w
CMUnd vl Pn Francisco and rertiiln
tiMcm in tire CMn Province of Yiinnn.
via British India lit quickest route.
Philippine uperlnlljr ndilrMiiM "Tla F.vl
rnpe must be fully prepaid at the for
cn rste. Hawaii Is forwarded via Han
Francisco .xclusl vcly.
luwAitn m. moroan.
Acting I'ontmaater.
tpfolTlce, New Tork. N. V., December 1
The Greatest Watch, Diamond and Jewelry
Sale Ever Conducted in This City
NEW TICK IN MINING CASE
James F. Burni Filet Amended Airwef
aid Cross Petitiss.
LEGAL NOTICES.
Otflce of the City Clern. South Omaha.
Neli., December 6, '. Sealed bids ad
dressed to the undersigned and plainly
marked "Proposals for uonds" will he re-t-elveU
until K o'clock p. m. of December
lth. A. I. l'.M, at the office of the city
clfik, Bouth Omaha, Neb.:
For the purchase of the following Issues
of city bonds, them said bonds so offered
bring gunrral obligations of the city.
first. Heventy Thousand ($70.0)) Dollars
of City Hall Uonds in denominations of
ne Thousand ill.CO) Dollar, or Five
Hundred (tiw) Dollars each, at the option
of tha purchaser, dated December 1, 1!4,
fiayahle In twenty (ill years after date,
ntereet four (4) per cent per annum, pay
able semi-annually on the first days of
December and May of each year.
These are bonds to We Issued and de
voted exclusively to the purchase of a site,
the erection and furnishing and equipment
of city hall, and are optlnn.il after Ave
(6) years. Interest coupons pavable at Ne
braska fiscal agency. New York City, New
York.
' Second. Forty Thousand (in.nor Dollars
"f "Pars HunnV' In denominations of One
Thousand $1,0uo) Dollars, or Five Hundred
03(10) Dollars each, at the option of the
purchasers, dated December 1, 19M. payable
twenty Cm years after dntt. Interest four
(4 per cr-nt per annum, payable semi
annually on tbe first days of December and
May of each year.
i nese are Don 1s to he issued a no. ie
Voted to the purchasing of lots, lands and
grounds within said city, to be used and
Improved for park and pnrk way pur
Josi. Interest coupons pnvsble at Ne
vrnska fiscal agency. New York City, New
York.
An annual tax upon all the taxable prop
erty of tho clntv will tie levied bv ths
city to pay the interest and principal upon
these sail bonds at maturity. A sinking
fund bernr provided for that purpose.
The fnlth and credit, the revenue and
tnxlng powers end all the property of slJ
cltv belnr Irrevornhlv pledged for the
pmmrt pnvment tnereof.
Each bid shall st.-ite separately the
amount offered as "Principal and Pre
mium." and that "Accrued Interest" will
be paid to date of delivery and payment of
bonls.
Kaon hid must be accompanied by a cer
tified check nn a rjntlonnl or state bank
In the sum of One Thousand fJl.onni Dol
lars and made payable to the cltv as evi
dence of good faith on the pnrt of the
LM'ler.
The city council reserves unto Itself the
rlaht to reject any or all bids, or to waive
defects.
By order of the council
M. JOHN J. OILT.TV.
Drdl.ltin . city Clerk.
STOCKHOLDERS' MEETING.
Office of Lee-Olass-Andreesen Hardware
Company, Omaha, Neb., Dec. 11. llsvi. No
tice Is hereby given to the stockholders of
the Leo-Olass-Anrtreesen Hardware com
piiny that tbe annual meeting of the stock
holders of the company will be helojst the
otHces of the snlil company, corner of 9th
and Harney streets. In the city of Omaha,
In the state of Nebraska, on Tuesday, Jnn.
10. A. D.. 1!. at 3 o'clock p. m., for the
purpose of electing a board of directors for
the company to serve during the ensuing
year, and to transact such other business
as may be presented at such meeting.
(Seal ) H. J. DEE, President
W. M. GLASS. Secretary.
NOTICE TO ' WATER WORKS CON
TKACTORS WATER WORKS SYSTEM.
Hrralud proposals will b received by the
rhnlrmmi cud Village board of Osceola,
Neb., up to 8 o clock p. m,, of December
Hi. 1904. for furnlHliIng machinery, material
anil labor for the construction of a water
works system for the Village of Osceola,
Neli.; the machinery and material to be
furnished are as follows:
1. Sinking one 10 in. well about 200 ft.
deep.
2. Erecting one brick pumping station
complete.
3. Furnishing one 25 h. p. gasoline en
gine. Furnishing one deep well power pump.
4. Furnishing and erecting one steel tank
on steel tower, or.
Furnishing and erecting one steel stand
pipe, complete.
6. Furnishing and laying between three
and four miles of water mains with hy
drants, valves, etc., complete, all to be
done In accordance with the plans and
specifications adopted by the Board of
Trustees.
A certified check of 10 per cent (but not
over tl.uOO.OO) of amount of bid, must ac
company each proposal.
The plans and specifications are on file
and may be seen at the office of the Vil
lage Clerk. Osceola, or t the office of M.
A. Earl. 1410 11m National Bank Bldg.,
Chicago, 111.
The right is reserved to reject any or all
bids. KEENE I.UDDEN,
Chairman Hoard Trustees.
FRANK D.VM1LLB. Village Clerk.
M. A. EARL, Consulting Engineer.
Dlod lit
BIDS will be received by the Btate Print
ing Board at the office of the Secretary
of Btate at IJncoln. Nebraska, on or be
fore 11 o'clock a. m., Thursday, December
12. 1904 for printing and binding 60
copies biennial report of state librarian,
1.0(i0 copies biennial report of food com
mission, printing senate and house bills
and bill titles and miscellaneous printing
and stationery suDnlies for superintendent
of public Instruction, commissioner of pub
lic lands and buildings, attorney general,
Hastings asylum and Grand Island Sol
diers' and Bailors' Home.
Specifications for same can be found
on file in the office of the Secretary of
State.
All bids must be accompanied by a bond
equal in amount to the- probable cost of
the work bid upon. The board reserves
the right to reject anv and all bids.
Lincoln. Nebmskn, December 12, 1904
BTATE PRINTING BOARD.
By Lou W. Fruiter, Secretary to the Board.
UOVEKtVMENT NOTICE.
DEPARTMENT OP THE INTERIOR. IT.
8. Geological Survey, Washington, D. C.,
November 17, 1904 Sealed proposals will be
recelv! at ths office of the Ch ef Engineer
of the Reclamation Service, V. S Geologi
cal Hurvey. Washington, D. C, until i
o'clock p. m. January , 1906, for the con
struction of an outlet tunnel about 126
square feet cross section and about too
leet long, and two vertical shafts, in
solid granite, to serve as a diversion tun
nel for ths Pathfinder dam, about fifty
miles southwest of Casper. Wyo., on North
Platte river. Forms of proposal, plurs and
specifications may be seen at ths office of
the Chief Knglneer. Washington. D. C. or
at ths office of the lulled States
Reclamation Service, Chsmber of Com
merce building, Denver, Colo. Each
bid muHt be accompanied by a
certified check for 11,000, payable to the
order of the Secretary of the Interior, as
a guaranty that the bidder will. If success
ful, promptly execute a satsfactorv con
tract, and funrlxh bond In ths sum of
lo per crnt of the contract price for the
faithful performance of ths work. The
right is ruserved to reject any or all bids,
to accept one part and reject the other
and to waive technical defects ss the In
terest of the service may require. Pro
pose la must be (narked "Proposals for
Pathfinder Tunnel. Nortli Piatt Project."
Blildere are Invited to bs present. THOMAS
RYAN, Acting Secretary.
Nov. Di. (. . I. 10. IS, 18, 17, .
OFFICE CHIEF" QUARTERMASTER
Omaha, Neb., Dee. 10, lnm. beilod pro
posals. In triplicate, suhject to the usual
conditions, will bs received hers until 10
a. m , central standard time, Dec. ft), 1904
for Installing a sewer svstern at Fort
Omaha, Neb. Full Information furnished
on application to this office, where plana
and specifications may be seen. Proposals
to bs marked "Proposals for Bcwer
System," and sddrsssed to Major M. G HAY,
ZAL1NSKI, Acting Chief Wuartermnater.
D 13-17-10
THE
Rapid Delivery Co.
IO PEARL STREET.
We Guarantee Quick and 8uf
Delivery of Baegatfe and Parcel
O'JR PRICES ARE RICHT.
TRY US.
Office .. Kesldence
Poene 8J7. "Mm"-
TWENTIETH CENTURY FARMER
Ost Delias Tea
SEEKS TO MAKE IT EQUITY PROCEEDING
Actios, If Sostslned. Will Practically
Sonaalt Doyle In the Fsmsss
Portland field Miss
Mtls-atloa.
James F. Burns, president of the Tort
land Gold Mining company of Colorado,
defendant In the famous suit brought
against him by James Doyle and In which
the latter at the former trlnl securel a
verdict for over H50,V, now seeks a heir.
Ing In equity on ctrtain points In the case
which If decided In his favor will practi
cally nonsuit Doyle and to all Intenta and
purposes dispose of the law action, the
second trial of which Tins been set for
the January term of the district court In
this city.
Testerday counsel for Burns filed an
amended and substitute answer, together
with a cross-petition. The amended ans
wer contains nothing which was not in the
former one, but the croes-petitlon places an
entirely new phase on the ense.
In the cross-petition It Is claimed on be
half tt Burns that Doyle's suit easts a
cloud and slander upon the title to the
stock held by Burns and affects his ability
to sell or use the same. It Is therefore
asked on bhiUt of Burni that his title to
the stock In controversy be qirleted and
that this be tried in equity.
After citing the history of how he
(Burns) and Doyle came to be associated
In the mining business It Is alleged In the
cross-petition that Doyle abandoned his
Interest In the claims, while on the
other hand Burns expended much ' time
and money In developing them and making
them the valuable property they subse
quently became.
Doyle's Interest In the stock 'in contro
versy, It is claimed. Is only an equitable
one, as both title and possession have al
ways been held by Burns or his assigns.
It Is further contended thRt no settlement
or. accounting was ever had between Doyle
and Burns and that Doyla had never of
fered to pay Burns any share of the sums
expended by the latter In developing the
property and that therefore It would be
Inequitable to permit Doyle to proceed to
the trial of the main action until his al
leged Interest shall have been established
In an equity proceeding and until a full
accounting shall have been had between
the two parties.
Accompanying the cross-petition Is a
motion to have this Issue tried In equity,
which bears tho names of Burns' counsel
as follows: United States Senator T. M.
Patterson, Judge A. T. Ounnell, former
Governor C. S. Thomas, all of Colorado,
Congressman Walter I. Smith, Dillon L.
Ross and Saunders & Stuart, all of this
city.
Real Kstste Transfers.
These transfers were reported to The
Bee December 16 by the Title Guaranty
and Trust company of Council Bluffs:
Virginia LeValley and husband to J.
W. Everson, lot 16, block 4, Carson,
w. d t 200
H-irs of Louis Wehrhahn to Thomas
H. James, lots 11 and 12, block 10,
Burns' add., q, c. d 1
Charle Mallory to Harry B. Mallory,
lot lin. block 7, Highland Place,
q. c. d 1
Frank Celly and wife to Frits Heln
iiitfcr, lot 3, block 1, East Omaha
plateau, w. d 2"0
Four transfers, total $ 402
Dillon Boss Deputy Attorney.
County Attorney-elect J. J. Hess yester
day announced that ho had decided upon
appointing Dillon I Boss assistant county
attorney when he assumes office at the
beginning of the new year. Mr. Rosa Is
a well known younger member of the
Council Bluffs bar who was associated
In the law business for a number of years
with his father, the late Chancellor Boss.
Mr. Boss holds the position also of secre
tary of the Board bf Education, which It
Is understood, he will continue to retain
with that of assistant county attorney.
Mr. -Hess' choice Is a most popular one.
Stores to Close Monday.
As Christmas day this year falls on Sun
day several of the leading merchants are
agitating the closing of all stores ss far
as possible on the day following and mak
ing the day a general holiday fdr their
employes. The proposition Is said to meet
with general favor and Mayor Macrae will
be asked to make an official request that
the stores be closed on Monday, December
M, land the day observed m a holiday.
Twenty Per Cent Discount
10 per cent discount on rings and brooches
FOR THIS WEEK ONLY. The largest
and best stock to select from, all new de
signs, olld gold and set with precious
stones of all kinds. Ieffert, Jeweler.
Plumbing and heating. Blxby & Son,
Cousins Is Commissioned.
Captain L. B. Cousins arrived home from
Dee Moines yesterday, carrying In his
Specials for Saturday at
Brom'sC.O.D.Market
128 W.Broadway. Tel. 65
Buiokrd Bacon He
Freeh I)renned Spring f f
Chicken 11C
Our Best Tot Hoast C
l!H.f JC-OC
Boiling ")i
Bwf
Mutton 1
Stew JC
Mutton ,
iaoast OC
Prlnie Klb Roast "J q
Boef C"OC
I pounds Slrioln
Steak f I
S pounds Porterhouse B 1
I jMiunds Round m 1 1
t pounds Home Made f M. J II
Pork Sausage 'f
Remember, we will not charge over
c to tc for our best Pot Roast of
Heer. ueguiar price so to iva
CHATTEL LOANS
A. A. CLARK & CO.
tsblllhi-4 1W1.
Bna4sr ss4 Miu si o Flsrae's Shoe Star.
Yus ra Imrro say smeunt cttttle. aorsss,
houMhol tumltur or snjr chslttl security.
Par'ixoU ess be md ss prisripsi st nf time
to Mil sorrower, ens InUrest r4ucs are'iKllsgly.
All business rontdsmlsl. Lot rates. Ofttr uiS
ytrf vsuliif till I N; SalurtU y saln till I.
LEWIS CUTLER
MORTICIAN
28 PEARL ST.'HO"' tV-M
Lady Attendsat If Desired.
i
every
Wo
Visitors will be welcome who desire to see this grand lay out whether they purchase or not.
Remember, You Get a Ticket with Every Cash Purchase of $1.00 or Over for the Free Presents:
Diamond Ring, .... $125.00 Solid Gold Watch, . . . $65.00
Cut Glass, ...... $25.00 Solid Silver Spoons, . . $17.50
Jeweler and Optician
Council Bluffs, Iowa,
2C
nocket his appointment by Governor Cum
mins as deputy state oil inspector for
this district. Captain Cousins succeeds Ed
C. Brown, whoso appointment expired last
Julv. hut who will hold over until Jan
uary 1, when the former will be Inducted
Into office.
HARRY BERX9TKIS PLEADS GULTY
Admits HtIhst Received Property
Stolen from Mrs. Metcalfe.
Harry Bernstein, the Omaha pawnbroker,
entered a plea of guilty last evening before
Judge Green In the district court of re
ceiving and concealing the Jewelry stolen
from Mrs. Emma Metcalfe, the keeper of a
resort In the northern part of this city,
January 19, 1903. The understanding be
tween Bernstein and Assistant County At
torney Hess, according to the statement of
the latter lost evening, Is that in. considers
tlon of his plea of guilty that Bernstein is
to escape Imprisonment, but Is to be fined
the maximum penalty, namely, $600. This
fine, It Is understood, Bernstein. Is pre
pared to pay the moment the court for
mally passes sentence.
Bernstein was Indicted by the grand Jury
on September 17 on two charges, the first
of receiving and concealing the Jewelry,
valued at $1,800, stolen from Mrs. Metcalfe,
and, second, for receiving and concealing
twenty revolvers of the average value of
$12, stolen from the establishment of the
Wright-Wllhelmy company in Omaha on
December SI, 1903. He was arrested five
days later in his place of business In Omaha
and hustled to this side of the river by
Bherlff Canning and Deputy McCaffery. He
promptly gave ball In the sum of $1,600, the
bond being furnished by Julius Katelman
of this city.
The case against him In which he .was
Indicted on the charge of receiving the re
volvers stolen from the Wright-Wilhelmy
company was dismissed last evening. This
action waa taken by Assistant County At
torney Hess, it Is understood, In considera
tion of Bernstein pleading guilty to the
other charge.
Mrs. Minnie Dunn, sister of Mrs. Emma
Metcalfe, was Indicted on the charge of
stealing the Jewelry and she Is at present
out on ball pending her trial. Bernstein,
according to the evidence before the grand
Jury, was charged with coming to this
side of the river, where he bargained for
the purchase of the stolen Jewelry, for
which he Is said to have paid $15.
While there was nothing said yesterday
at the time that Bernstein entered his
plea of guilty about the stolen Jewelry
being returned to Mrs. Metcalfe, Assistant
County Attorney Heea stated last evening
that he had been given to understand that
Mrs. Metcalfe had been "settled" with.
Whether this "settlement" with Mrs. Met.
calfe meant the withdrawal of the charge
against her sister, Mr Minnie Dunn, Mr.
Hess said he was not prepared to state
last night. . .
Mahlon Bethers, who threatened to shoot
Detective Callaghan and other officers who
went to his house to arrest htm for the
theft of coal from Illinois Central cars,
was found guilty yesterday by a Jury In
the district court. Bentenoe was deferred.
The technical charge on which Bethers
was arrested was resisting process of ex
ecution. The suits of Hatch against ' the motor
company and Baughn against Napier were
settled out of court yesterday and dis
missed. .
N. T. Plumbing Co. Tel. 230; night. F667.
Death Asgel Is Active.
Mrs. Martha C. Rice, wife of Rev. O. G.
Rice, died yesterday at her home on Wood
bury avenue from paralysis, after an Ill
ness of six month., aged it years. Besides
her husband, one son, George B. Rice of
Omaha, and two daughters, Mrs. A. B.
Walker and Mrs. D. W. Otis, both of this
city, survive her.
Mrs. Rice was one of the pioneer set
tlers of Council Bluffs. Bhs was born In
Ware, Mass., August t, IMS, and was mar
ried to Rev. Mr. Rice In Bt. Charles, 111.,
May 86, 12, with whom she came to this
city immediately after their marriage.
Rev. Rice was the pioneer minister In this
city and organised the Congregational
church. In 1N6S Mrs. Rice moved with her
husband to Onawa and later to Hiawatha,
Kan., where they remained until 1MT,
when they returned to this city, where they
have made their home ever since.
Mrs. Marian Schmidt, wife of former
Park Commissioner Martin P. Schmidt,
died last evening at her home, 1430 Fair
mount avenue, aged U years. Besides her
husband, she leaves four children.
Thomas Chrlstensen, aged T7 years, died
yesterday afternoon at his horns, SOft North
Ninth street
Mrs. A. Eberhart, wife of Chris Eber
hart, U Bouth First street, died yester
day afternoon after an Ulnssg ef tbre
MR. DOMINICK, special representative of H. F. Hahn & Co. of New York, will
have on exhibition, and for sale, the largest stock of manufacturers' and whole
salers' line of reliable and high grade goods, consisting of Diamonds, Watches, Rings,
Lockets, Brooches. Pins, Bracelets, Chains, Charms, etc.
This sale will commence this morning at 8 o'clock and continue until Saturday
evening, December 24.
The sacrifice in prices, at which this immense stock will be closed out at, will
be far beyond your expectation. You will save at least one-fourth to one -third on
dollar's worth you purchase.
will guarantee every article sold exactly as represented.
months from cancer. Her husband, two
daughters and six sons purvlve her. She
was 63 years of age.
Samuel Leonard, aged 69 years, died yes
terday morning at his home In Garner
township. Besides his wife, one daughter,
Mrs. P. R. Sheppnrd of Little Rock, Ark.,
and two sons, Herbert 8. and Joseph A.
Leonard of this city, survive him. The
funeral will be held Sunday afternoon at
2:30 o'clock from the St. John's English
Lutheran church and interment will be
at Walnut Hill cemetery. Rev. G. W.
Bnyder will conduct the services. Deceased
was a veteran of the civil war and a
member of the local camp Union Veteran
Legion.
Only Little Ones Monro.
There was but a small gathering at the
funeral yesterday morning of Mrs. Clay
Allgood, whose troubles caused her to end
her life by swallowing concentrated lye
a few days ago. Short services were held
at Undertaker Cutler's parlors by Rev.
James Thomson, pastor of the First Con
gregational church, and the remains were
taken to Falrvlew cemetery, where they
were buried alongside those of a daughter,
who died about two years ago.
None of the unfortunate woman's rela
tives In this city wore present and the
only mourners were her four little children,
who were accompanied by Mrs. Johnson,
Matron of the creche. The sole floral of
fering was one placed on the coffin by the
members of the Associated Charities. The
husband, who had been notllled of his
wife's death by Assistant County Attorney
Hess, was not present, nor has he been
heard from since.
Rooms and cafe. Ogden hotel.
MtXOn MENTION.
Davis sells drugs.
Leffert's glasses fit.
Btockert sells carpets.
Duncan sells the best school shoes.
Night school at Western Iowa college.
Domestic cooking, 33 North Main street.
Drs. Woodbury, dentists, 30 Pearl street.
Duncan does the best repairing. 23 Main.
For rent, modern house, 723 Blxth avenue.
Pictures for gifts. Alexander's, $33 Broad
way. Open evenings.
Cigars for Christmas presents at Morgan
& Dickey's drug store, 112 Broadway.
Borwlck, 211 8. Main, received new stock
ISoa wallpaper. Make your selections early.
Morgan & Klein, upholsterers and mat
tress makers, moved to 19 S. Main. Tel. 618.
Emma Olson, a student of the Western
Iowa college, has taken a position with The
Bee Publishing company.
Mrs. L. Cutler of Bluff street has been
called to Lal'orte, Ind. by the serious Ill
ness of her father, 11. B. Weir.
The hearing of C. B. Johannsen, charged
with assaulting Erneet E-yberg, was con
tinued In Justice Ouren's court yesterday
until January 10. '
2.000 lbs. to the ton guaranteed. Morton &
Bridensteln, the new firm. Prompt service,
best coal and wood, lowest prices. Yards.
14th ave. and 6th st. Tel. 181
Missouri oak dry cordwood, $tl a cord;
cobs, $1.75 per load; shell bark hickory, $7
Rer cord, delivered. William Welch. IS
lorth Main. Telephone 128.
Eight cases of smallpox were reported
to the Board of Health yesterday, a son of
B. L. Myers, 1202 Eighth avenue, and Mrs.
Perrine and six children, Franklin avenue.
Fancy mirrors, single and triplicate at
Morgan & Dickey's drug store, lii B'way.
Charles D. Townsend, the would-be Sher
lock Holmes, was released from the county
Jail yesterday on his promise to shake the
snow of the city from his feet within two
hours. As far as the police had learned
last night he had compiled with the prom
ise. The children of the Avenue B school gave
an entertainment at the school house laat
evening, the proceeds of which will be de
voted toward the purchase of a stereop
tlcon. An Interesting program of a muslcul
and literary nature was given, which was
much enjoyed by the large audience.
M. J. Corcoran, traveling passenger agent
of the Grand Trunk, with headquarters In
Chicago, and H. O. Henderson, traveling
psenger agent of the Northern Michigan
Transportation company, also with head
quarters In Chicago, were among the rail
road men visiting the local offlces yester
day. Harmony chapter, Order of the Eastern
Btar, has elected these officers: Worthy
matron, Mrs. Htymetit Stevenson; worthy
patron. Andrew McMlllen; associate ma
tron, Mrs. Andrews; secretary, MLss Emma
O. Potti-r; treasurer, Mrs. Taylor; conduc
tress, Mra St-lby; associate conductress.
Miss Dingle.
The West End Improvement club is agi
tating the queutlon of raising subscriptions
to supply any deficiency that may srlse
by reason of the abutting property being
unable to stand the cost of tha paving of
Lower Broadway. W. C. Buyer. Israel
Ixivutt and C. C. Clifton hav been ap
pointed a committee to take charge of the
mutter and to devise some plan for rais
ing the money.
Iowa Mas) lder Arrest.
CHICAGO. Dec, It. Thomas McFsrland,
treasurer of a branch of the Order of
Foresters of America, at Cedar Ituplds,
la., aas srrested here todsy. n Is
charged with einbesslement of funds of
the order.
Oil Prteee U. Dow a.
PITT8BUKU, Dee. 11-The Utandard Oil
company today redueed the frioe on crude
Ml I ceuia.
sMsslb UBMsUsAssi
DENVER W0MAN WINS SUIT
Chicago Jndgre Holds Against De
linquent Executor Who Con.
trols Her Estate.
CHiCAOO, Dec. 16. A notable decision
was handed down today by the branch
appelato court in the unique litigation be
tween Edward H. Comer of Chicago and
Miss Tflary McDonnell of Denver over pos
session of the young woman's share In the
estate of her father, Anthony P. McDon
nell. By a series of suits In attachment
Coiner succeeded In regaining possession
of the legacy left Miss McDonnell In spite
of an order of the probate court to deliver
the money to her.
Wearied of efforts to force Cqmer to de
liver her money to her, It Is asserted, Miss
McDonnell called the executor a thief and
defaulter and declared he had never earned
an honest dollar In his life. In retaliation
Comer started suit for slander and In his
own behalf caused an attachment to be
Issued against himself for Miss McDon
nell's money. Xs a result the legacy has
been tied up for four years.
In the opinion handed down today sus
taining a Jury In the circuit court, which
believed Miss McDonnell's denials of the
slander charges, Judge Freeman of the
branch nppellate court reviews the entire
remarkable record of tbe litigation.
"No reason appears why Comer did not
make the payments of the legacy to Miss
McDonnell and obtain his voucher through
any reliable bank," said Judge Freeman.
"Undisputed evidence shows that Comer
took an active interest In procuring at
tachments against the money In his bands
In suits. It Is claimed, he was chiefly In
strumental In having brought against her.
. "Having been unable to get her money,
Miss McDonnell, with Indignation which
appears to have had a righteous founda
tion, expressed herself somewhat forcibly
perhaps as to his conduct. We find no
material error In the record. The Judg
ment Is right and it will be affirmed."
CARNEGIE JOINS FRANKLIN
Will Give Over Half Million Dollars
for Boston Industrial
Inslltnte.
NEW YORK, Dec. 18.-Andrew Carnegie
has given to the city of Boston the sum
of $540,000 asd becomes the Joint founder
with Benjamin Franklin of an Institution
for Industrial training, according to an
announcement made this morning by the
Herald. The new enterprise I. to be man
aged along the lines of the Cooper In
stitute in this city.
Benjamin Franklin In his will left to the
city of Boston the sum of $6,000, which
was to be Invested and kept Intact for a
century, at the end of which time It was
to be used for the benefit of the appren
tices of the city. The board of selectmen
and the ministers of three denominations
were mentioned a. the trustees to whom
the expenditure of this fund should fail.
The amount was Invested In real estate
soon after the death of Franklin, which
took place In 1790, and It was found on the
termination of the trust that the fund had
increased to $270,000. It Is stated that Mr.
Carnegie recently agreed to donate twice
the amount of the fund for the purpose
stated.
DEATH RECORD.
Olen Wlllmasj.
NEBRASKA CITT, Neb., Deo. H.-(Spe-clal.)
Olen Willman, son of Mr. and Mrs.
W. C. Willman, died last night at the age
of 26 years of brlght'a disease, after an Ill
ness of four year. The deceased was born
In this city Juns 21, 1878, and has always re
sided here. He leaves a wife. The funeral
services will be held tomorrow afternoon.
W. If. Shaw.
STURGI8, B. D.. Dec. 1. (Bpeclal.)
Fiank W. Bhaw of this city received a tel..
gram from Missoula, Mont., announcing the
death of his brother, W. II. Shaw, at that
place. Deceased was one of the oldest citi
zens of Bturgls, but left here for the north
ern country years ago. He was In busi
ness in this city twenty years ago.
1st sttii Maeoa.
DENVER, Colo., Dec. 11 Augustus Ma
con, an attorney, died here of acute
stomach trouble, sged 7$ years. He was
a natlvs of Kentucky and studied law In
Abraham Llnooln's office. Prior to coming
to Colorado In 1866 Mr. Macon was en
gaged In the practice of his profession In
Omaha.
W. W. Klsuball.
CHICAGO, Dec. 16 W. W. Kimball, the
well-known piano manufacturer of Chi
cago, died here toc'ty of li art disease. Mr.
Kimball had been tiling 'or tha past six
meat lis. . , ...
CENTRAL GROCERY
AND MEAT MARKET
PHONE 24. 600-602 BROADWAY.
5-lb. Pail Silver Star Lard...3lc
Picnic Hams, per pound 5!c
Breakfast Bacon, -per pound 9lC
16 pounds Leaf Lard $1.00
Spare Ribs, per pound...... 5c
Uneeda Biscuits, package.. ...,3c
25c bottle Snyder's Catsup... 16b
5c bottle Hinze Catsup Oc
Quaker Oats, per package.. f ,...7ic
20c can Alaska Salmon ..lie
Fancy Oranges, each. Ic
Hubbard Squashes, 2 for 25c
BBS
r
DE LONG'S
ran n?w n?).iTrnr
L2r!io)U
CANDY SALE
Yon will miss it if you do not attend DeLong's Haby Bonnet
Candy Bale, beginning this morning, and while they last
Silk overshot baby bonnets,
filled with one pound of choice HIlf
assorted candles iCJU
These crocheted, Bilk overshot liaby Ronnets alone
would be cheap in dry goods stores at 2."o. We use them
for candy bags and sell them, complete with the pound of
nice candy, all for 19 cents SATURDAY ONLY.
DeLong Printing
tUO UKUAUVyAT,
Christmas tho Time of Gladness
Christmas time Is upon us now sad ths busy gift hunter Is on
the alert (or the proper flft tor father, mother, wife, husband,
brother, sister, sweetheart, or children This store Is full of elegant
present 4 for all and what Is Christmas without music? Come la, we
can please yeu.
We handle the most up todate pianos In this cltyj they are un
surpassed In durability, sweetness of tons, style and perfection of
finish, and our prices are ths Jowest In this vicinity for the high
grade of goods we handle.
BOURICIUS PIAtJO HOUSE
Whin tbi Orgm Stands Gpsa tbe Building. r 335 CrfiadtviY
Jeweler and Optician
Council Bluffs, Iowa
3d
and Stationery Go.