THE OMAIIA DAILY BEE: PUXDAY, JANUARY 15. 1003.
NEWS OF INTEREST FROM IOWA
COUNCIL
HISOB MESTIOS.
Dsvls sells arog.
I.ffrr glasses fit.
Stnckert !la carpets.
Duncan sells the best school shoes.
Drs. Woodbury, dentist, n Pearl street.
Duncan does the uest repalrlne. 23 Main.
Oo to night school at Western, la., college.
Choice Una of toilet artl. Morgan &
Dickey.
lectures for wedding gifts. C. E. Alex
ander, 13 Broadway.
Girl for general housework at 330 West
Broadway. Mrs. 8. Hinder.
Murgdn ft Klein, je,nu;;eren nni mat
tress naKl mo er" to j0 b. Main. Tel. 5 IK.
Winter term of Western Iowa college Is
open, ('lapses forming, enter now.
For any kind of a sidewalk buy your ma
terial of ilafer and save money, 'phone lAi-.
Baffles' third annual bull Wednesday
night In DodKQ Light Guards new armory.
'Jickets. II per couple.
Missouri oak Cr cordwood $fi a cord,
cobs 11. ii per load, shell bark hlrkoiy 7
per cord, delivered. William Welch. II
North Main. Te.ephone M.
W. K Tlilckstun Is home from Marshall
town, In., where Thursday he gave "
organ ro'ital at the dedication of the new
organ In t. Paul a Lpisoj pai church. .
Abraham Snyder caused the arrest yes
terday of Samuel L. Natncn, charging Na
inen with making threats to kill him. Nil'
men gave bund ami will have a hearing
before Justice Field Monday.
Drugs, paints and prescriptions at Mor
gan & Dickey.
Charles Hlerwith has begun suit In the
ellxtrlcf court agtlnt John Under, trm
v ho.ee.il.; liquor dealer, to recover II. IK) IS.
alleged to have been paid hy him to kinder
for liquor between August 27, 1902. anJ
May 1, Wl, wlilie liieiwith wus In the
saloon business.
Cases la District Court.
The suit brought by the Groneweg &
Kchoentgon company against the city of j
Council Bluffs In resistance to assessment
for a portion of the paving of the Intersec
tion of Union avenue and Ninth street has
boen amicably settled snd the case was
yesterday dismissed In district court.
The suit brought by Mrs. Elsie Hodgers
gainst Knella Davis, saloon keepers of
Neola, for damages for the alleged sale of
Intoxicating llqjors to her husband, has
alao been settled out of court and was yes
terday dismissed. The personal Injury
damage suits of Ucorgo W. ltolph and Mrs.
Site I la M. Tilllgan against the motor com
pany were also stricken from the docket,
having beer, settled out of court.
The following tlrst assignment of law
causes for the January term was made yes
terday by Judge Thoroell:
Monday, January 23 State ngalnst Bee
man. Nichols ft Shepard against FHher 4
Asey. Kltkl ind against llu:nl, Farlln Hank
against Schocnhig
Tuesday, Jawuary 24 Exrhango Hank
against Sehoenln et al, Mcl'ormiik Har
vuater Machine) Company against Doorman,
Swanson agilnnt Johnson.
Wednesday. January 2S--Dorn MoOlnty
against Cooier, Wadu against City of Coun
cil lilllffH.
Thursday. Janjary Id Plumer ncnlnst
Lewis et al. Ests ngnlnst Chicago & North,
western Hallway Company, Conslgny
against Carter. Way against Aylesworth.
Friday, January L'7 Shields against
ma rer.
hJ I .. .. T ..,,. .. -.. c Tt 1 . t .
woncls. eogartv against Ifolton et al, Land
Monday. Jan" nrv V.-CJold-.teln against i
Morgan. Sheriff, et nl: Roberts against
Moore
Ellswoiih against City of Council
Bluffs.
Tuesday, Jnnuarv 31 Bromberg against
Kvans Laundry Company. Oelth against
Eyeherg. Riftcr neiilnst Andres.
Wednesday. February 1 Potter. Adminis
trator, against Cltv of Counrll Bluffs. Pot
ter agnlnvt Cltv of Council BI'JfTs, Lamp-
Thnrsrtiv. February -Hnefnnr nemnst '
Huber Brothers et al. Marks against Hits- '
ton -t al, Corey, Executor against Leonard
et si.
Friday. February Chernlss ngnlnst
Omsha Council Bluffs Railway and
urioge t'ornnanv
'Mee Pomnanv. TTnwklns nenlnnt Omnhn i
A Council Bluff- Hallway and i Bridge Com-
psnv et nl. Moffett sgnlnst Cnlon Pacific
nniwiv t oTpminy.
Saturday. February I Squire Annls
aga'nst C. O. fi E. Company et al, Oglesbce
aei'inst Bjtter.
Mondav February C'ntterhuck against
I.l-der Barker against Forsyth.
Tuesdiv. Fohroirv 7 Menerav npninst
Cltv of Co"n, i Bluffs. First National Bank
against Rchotnlng.
Explosion Wrecks Range,
Frosen water pipes were responsible for
the explosfnn of the water back In the
kitchen range at the Broadway Methodist
church parsonage on Fletcher avenue, oc
cupied by Itev. James O'May and family.
The range was almost entirely demolished
by the force of the explosion and Miss Iva
Beekman, the church deaconess, who makes
her home at the parsonage, was severely
burned about the face nnd hands.
As a precautionary measure against the
pipes freezing the faucets had been left
open and the woteo running over night, ana
for this reason there was no thought of
danger from frozen water pipes. Mlse
.Beekman. who wss assisting Mrs. O'May
In preparing breakfast, wns standing over
the range when the explosion occurred."
The ranpre wus shattered. One of the pieces
struck Miss Beekman on the erm, for
tunately, hawever, without Inflicting serious
Injury, but a quantity of hot cinders and
coal were thrown Into her face and eyes,
severely burning her. Her hands ws,re also
severely burned.
Dr. Hanchett. who attended Miss Beek
man, gave It aa his opinion that Mlse Beek
mai.'s eyesight would not be Injured, but
that her Injuries would confine her to her
bed for a few days. An alarm wns turned
Pi and the fire department responded, but
no blase resulted from the explosion.
Shnrlc Causes Death.
Mrs. Alice I.. Learnard, wife of P. D.
Learnard, cashier of the Denver A Rio
Grande railroad at Trinidad, Colo., died
yesterday afternoon at ths home of her
son-in-law, A. E. Apted, 115 West Pierce
street. Death wns due to hemorrhage of
the lungs and shock caused by the death
ef her ".a .ghter, Mrs. Apted, whose funerai
occurred Friday.
Mr. aul Mrs. Learnard were railed here
by the serious Illness of their daughter,
reaching here Thursday, and were unaware
of he death until their arrival. Mrs.
Learnard was completely prostrated by
the snick, which brought on-a hemorrhage
of .he lung., from which she succumbed
yesterday cftemoon. She was t5 years of
ag- fhu fi."eral will be held Monday
afternoon at t o'clock from the residence,
US West Pierce street, and Mrs. Learnard
Will be burled alongside her daughter In
Walnut Hill cemetery. Rev. Harvey Hos
tetler, pastor of the Second Presbyterian
church, , who officiated a! the funeral of
Mrs. Aptef Frlda), will conduct the serv
iced -
Nlgkt Clerk Is Missis.
Joseph McShrrry, night clerk at the
Ogden hotel, was reported to the police
yesterday morning ss missing. G. W.
Thompson further reported that about $40
from ths cash till aud cigar stand drawer
and an overcoat belonging to Harry Has-
kins, the dip clerk, disappeared at ths
same time as McSherry.
Ths missing clerk was a stranger and
when he applied for ths position was un
able to submit any credentials. Needing
a man Mr. Thompson decided to give him
a trial, and. as he proved capable, retained
him. McSherry stated one time that his
parents resided in Los Angeles, Cal., but
beyond that little Is known of his antece
dents. The police learned that he had
taken ons of ths early morning ears to
Omaha,
fl.OO Visiting; tars. Oe.
Our regular $1.00 . English text visiting
cards, 40a per htudred during our January
prlnorg sale. DeLong'a, M Broadway.
BLUFFS
GRAND JURY ENDS IIS WORK
Indictments Against Barnstein and Art hn
for Treynor Bsik Bobbery.
TRUE BILLS AGAINST NUMBER OF OTHERS
Settlements Oot of Court Cause a
Xnmber of Cases to Re Mrlehen
from the District Coast
Docket.
Among the IndlctmenLs returned by the
district court grand Jury In Its final report
made yesterday morning were three against
John Bernstein snd James Arthur, the sus
pects arrested for the Treynor bank aafe
blowing. In one indictment they are charged
with "d)nnmltins; of property." and their
bonds are placed at I2.0H0 each. In the second
Indictment they are charged with breaking
and entering the Treynor bank, and on this
charge their bonds are also placed at $2,000
each. The third Indictment charges them
with breaking and entering the blacksmith
shop of F. J. Eybery In Treynor. whore
they are alleged to have secured the tools
they used In blowing the safe and break
ing Into the bank. On this charge their
bonds are placed at $1,000, making the total
of their bonds In the three cases $3,000.
In his evidence before the grand Jury,
Thomas Flood, cashier of the bank, placed
the damago done to the fixtures, furniture
d gafe tll00. An Important piece of tes-
tlmony before the grand Jury was that of
Deputy Sheriff Woolman, who stated that
he had a conversation with Bernstein In
the County Jail. He said he waa willing to
plead guilty to burglary. I a.ked him who
the other fellows were and he said he would
not give them away, even If he went up for
fifty years."
An indictment was returned against A.
W. Ellsworth on the charge of attempting
to sot fire to the hotel building at McClel
land owned by him. Ellsworth waa taken
into custody yesterday afternoon and
promptly secured his release on furnishing
a bond In the sum of $S0O. The .attempt to
burn the hotel was made on the night of
December 7 last and following the
bringing of bloodhounds from Beatrice
Ellsworth was taken Into custody, but re
leased the next day, as no one filed a
complaint against him. Ellsworth retali
ated by bringing suit against a number of
citizens of McClelland for $20,000 damages
for causing, as he alleged, his arrest.
Against Bernard Wagner, charged with
stealing numerous articles of Jewelry from
the storo of Herman Leffert, where he
was employed as Janitor, two Indictments
were returned. In one Indictment he is
charged with the theft of a gold watch
and thlmhle which he presented to Mrs,
Clara Breckblll and which were recov
ered by the police,
In the other Indictment
charged Witt the theft of three gold
watches and a long list of valuable artl-
clea of Jewelry and art goods. His bond
on each Indictment is placed at $du0.
More Trouble for llethers.
An Indictment was '' returned against
Nate Bet hers, at present serving a sen
tence for distrublng the meetings at the
Pentecostal mission on West Broadway,
charging him with murderously assaulting
J. N. Miller, one of the persons in charge
of tho missions Miller was assaulted
Christmas eve and his Jaw waa broken.
. , . . v.
l ne "lacnce o, a nu ..ur i p. ......
were at the mission that night was to the
effect that Bethers waited outside for Mil
ler and then struck him in the face with
some weapon. His bond was placed at
$1,000. Other indictments returned were
against Walter Goff, charged with break
ing and entering the hide house of J. R.
Lindsay & Co. on Ninth avenue and Main
street January 4 last and stealing musk
rut and mink furs. His bond was placed
at $700. Joseph Dunn, charged with adul
tery with Mrs. Annie Moran, placed at
fcWO. Ed Farrell, charged with attempted
criminal assault on the 12-year-old daugh
ter of Charles Johnson, a farmer of Gar
ner townshllp, by whom he was employed
bond placed at $1,000. Herman Miller,
charged with attempting to criminally as
sault 18-year-old Sophie Verpoorten of
Underwood on December 24 last; bond
fixed at $800.
In Its report tho grand Jury stated that
It found the county and city Jails In good
sanitary condition.
GRAPE GROWKRS ARE PnOSPEROlS
Annual Meeting; Receives Report of
the Year's Business.
The reports of the several officers at the
annual meeting of the Council Bluffs Grape
Growers' Shipping association held yester
day In the county courthouse showed that
the association had enjoyed an unusually
prosperous year during 19(4, and that the
business last year had been nearly double
that of any previous twelve months.
From the profits the sum of $4,000 was set
aside to be paid In dividends, the members
taking stock in the building association In
lieu of cash. The total receipts for the
year were $d7,039.8ti, and the disbursements'
$61,920.11, leaving a balance on hand of V.
119.75. The amount paid out to growers was
$0,066.07.
The amount of fruit sold through the as
sociation last year waa as follows:
Cases or Ave.
Baskets. Price
Strawberries l.oto $1 42
Currants 1 1 1.13
C herries 6.47 1.04
Totals.
$ 1,4TB. 80
l.SeK.'-D
6.1,74 2o
4s:5
,M
K10.1S
342.10
Cherries (baskets. .21.442 .224
Black raspberries.
-'. 1ST
440
Ml
2(3I
171
14.137
2 44
Red raspbernejt...
Gooseberries
BUrkberried
Plums
Plums (buskets)..
l.M
1.17
"S.02 '
.44
l-"i
.10
4, 112. SO '
TH.r,
1:70
ts.1.1 i
Pony grupes (bkts.)
:S5
Giapes (baskets).. 201,6
.1591
82.US7.IJ
These officers were elected: Preldcn'.
Samuel Avery; vice president, Alexander
Wood; treasurer, C, Konlgmacher; secre
tary, J. J. Heas; directors. Alexander
Wood, William Keellne, William Rich,
Frank Hall and Robert. McKeniie.
Following the meeting of the shipping as
sociation a meeting of the Fruit Growers'
Building company was held and these c Ul
cers elected: President, Samuel Avery; vice
president, Alexander Wood; treasurer,
Robert McKenzle; secretary, J. J. Hess;
directors, Frank Hall, William Keellne aod
William Rich, In addition to the four offi
cers. Articles of Incorporation . were adopted
and the capital stock placed at $10,000, of
which $4,000 Is to be Issued at once, this be
ing deemed sufficient to erect the building,
which will be located at the corner of
Ninth avenue and Seventh street on the
tracks of the Great Western railroad.
Fountain Pea Sale.
A genuine discount sale of 20 per cent on
high-grade fountain pens at Delxng's this
week.
No Settlement wltu Hardin.
The Boor", of County Supervisors ad
journed yesterday morning without taking
any action In the matterof City Assessor
Hardin's refusal to take the census of
Council Bluffs for the $5oo compensation
offered by the board. The board will re
convene Monday, January M, to award
the publishing of the board's proceedings
to the three papers In the county hsvlnn
the largest circulation an It la tmiexstood
that the matter of taking the census In
this city will be disposed of- at that time.
A resolution was adopted providing for
withholding one-half of the pay of the as
sessors throughout ths county until their
books are found to be correct and .order
ing that any and all expense Incurred In
correcting any assessor's books shall be
deducted from inch assessor's pay.
YOISQ Mil TAKES CARBOLIC ACID
Evidently Case of Suicide, Thaigk "to
Motive Is Knows,
Dirk Hod In, tl years of age, son of John
A. Heflin, proprietor of a restaurant at
111 West Broadway, took carbolic acid
about 8 o'clock last evening, with evident
suicidal Intent, although the family is
unable to ascribe any reason for the act.
The young man went Into the kitchen
after supper, then went to his room and
laid down. When asked if he was sick
he said he had taken the acid, but refused
to stata the reason. He shortly lapsed
Into unconsciousness and although med
ical aid was summoned it was thought at
a late hour last night that there was no
chance for recovery.
He has been working for the Northwest
ern road and so far as known there Is
absolutely no reason for his act.
PRISONER
Rl llS
WITH
JAM,
Bets Fire to the Building and Loses
Ilia Life la the Flames.
CLINTON. Ia., Jan. 14 (Special Tele
gram.) The town marshal at Prophetstown
arrested David Shue, charged with being
intoxicated, and placed him in Jail. While
the watchman was away at midnight Shue
set fire to the Jail and was burned to death.
New Electrical Inspector.
AMES. Ia., Jan. 14.-(Speclal.) Prof. F. A.
Fish of the Btate university of Ohio, has
Just been elected by the board of trustees
of the Iowa State college to succeed Pref.
B. 8. Lajphear, deceased, In the electrical
engineering department. Trof. Fish Is ex
pected to arrive today to take up his work
Immediately. Prof. Fish waa educated In
the University of Ohio and tho University
of Wisconsin, and has been engaged In
electrical work for a number of years. He
also bears the distinction of being the Joint
author with Prof. Caldwell In the publica
tion of a textbook upon the subject of lab
oratory methods. Prof. Fish comes very
highly recommended.
CASTS HIS WIFE ASIDE
Fromlncnt Chicago Man Accused of
Securing a Frnmdnlent
Divorce.
CHICAGO, Jan. 14. Casting his wife aside
by the aid of a divorce obtained fraudu
lently In order that he might marry his
stenographer. Is the charge made In tho
superior court against Joseph V. S.
Church, western manager for the Elec
trical World. From England the divorced
wife, Mrs. Annie Laura Church, haB sent
an appeal for Justice and has denounced
the proceedings by which her husband se
cured a legal separation as fraudulent.
Government officials of both England and
America are Interested In the case and
tie aiding Mrs. Church to secure a hearing
of her sldo of the story.
The court today granted Mrs. Church
permission to file an answer to her hus
band s original bill, charging desertion.
Tho Interests of Mrs. Church are being
looked after In Chicago by the British
consul.
In her plea for a rehearing of the case
Mrs. Church asserts that she never re
ceived a notice of the divorce suit brought
by her husband and that it was only
through friends that she afterward learned
of the separation and the subsequent mar
riage of Church, who is one of the most
prominent men In electrical circles in the
west. Although the court records show
that he secured his divorce on the charge
of desertion, Mrs. Church declares that she
never left her husband, but that he sent
her to London, England, where she now
lives, to care for a sick daughter and
that Church promised to follow them to
England. A copy of the letter upon which
Church gained his decree was sent to the
wife In London, and she declares that not
only did she never write the missive, hut
that It is not her handwriting and that
she has no knowledge whatever of its
origin.
TROUBLE ON PENNSYLVANIA
Trainmen Demand Higher Wasjea and
a Vote is Being Taken on
Question of Striking;.
PHILADELPHIA. Jan. 14. -Differences
between the Pennsylvania. Railroad com
pany and some of Its employes," as devel
oped by the grand lodge officers of the
Brotherhood of Railway Trainmen in con
ferences with W. W. Atterbury, general
manager of the company, are expected to
reach another turning point by the middle
of next week. By that time the referendum
vote upon the questions presented to- the
men by the grievance committee, of which
W. G. Lee, vice grand master of the
Brotherhood of Railway Trainmen, Js chair
man, should be completed. .
The ballots are for or against a strike.
Upon the question of the threatened strike,
W. W. Atterbury today authorised the
statement that he expects and hopes there
wll! be no strike; that some of t..e accounts
appearing in the newspapers have been
somewhat exaggerated and that when fur
ther explanations are made all chance of
trouble will be averted.
From what can be learned the actual
membership of the Brotherhood of Railway
Trainmen among the Pennsylvania "em
ployes bears a relatively small proportion
to the entire number of men in the service.
-l of Pittsburg and Eii, which la the
territory In which the differences exist, the
' ota number of men employed Is betweqn
100,000 and 10B.CO0. It is believed that not
more than 7,600 men belong to the brother
hood. PASSENGER. RATE AGREEMENT
Roads Running- Enst from Chicago
Form an Ironclad Compact
to Fix t'ares.
CHICAGO, Jan. 14. With the exception
of the Michigan Central, all of the rail
roads extending .eastward from Chicago
have decided to fix passenger rates abso
lutely by agreement. The Michigan Cen
tral has withheld Its vote until the opin
ion of the general counsel regarding the
legality of the agreement can be had. The
agreement entered Into Is with respect
the Joint rate .he.t. and 1. a. follows:
1U1,UW-
da. oPr reaVr'.na l'o.rf r,
Chicago eastbound and southbound rate
ahett. where an objection of the directiy
Interested lines Is registered and subm'tted
n writing u inn compiler ana it shall be
the duty of the compiler to see that no
such fares or rebates are inserted with
out the' assent ef the line or lines making
the objection. The line ttnriorlng the ob
jectionable fare or route shall have the
right, however, to submit the question to
arbitration, action being deterred until tho
quistton In disnute shall be arbitrated and
a decision rendered.
If you have anything to trade advertise
It In ths For E,c-j autumn of The Bee
. want ad page.
EXAMINERS ARE UNDER FIRE
Candidate! fr Ifins Inspector Iharga
Politics and rTritiim.
GOVERNIR IS INVESTIGATING THE CASE
Connty Boards Cat Down Allowai
of Assessors and Officials Re
fuse to Take the State
Censns.
(From a 8taff Correspondent.)
DE3 MOINES, Jan. 11. (Special. 1 That
politics existed in the Board of Examiners
for state mine Inspectors was shown by
the hearing today before the governor.
H. Booth of Knoxvllle, president of the
board, while on the stand stated that D.
C. Phillips In 19fl stated that It would be
his political death If Mr. Isaac passed the
examination. The next year at the ex
amination In March, 19t4, he was very
anxious to havo Mr. Isaac pass the ex
amination, and said he would do all he
could for him. It was partly for this
reason that the board did not accept the
questions offered by Mr. Phillips for the
examination. T. T. Isauc and William
Abram of Hlteman and R. D. Owen of
Beacon, the three men who asked for the
Investigation, finished offering their evi
dence this morning. Briefly summed' up,
they claimed to show that four of the
members of the board had adopted ques
tions that could not be answered in the
limit of time given; that they changed
the rule or custom of marking questions
so as to make the examination harder;
that John Owens of the board had said
before the examination was well begun
that none would pass; that Caldwell of
the board had said they did- not owe any
thing to Isaac, one of the candidates;
that they marked the papers arbitrarily,
so as to give less credit than the candidates
were entitled to.
Before the hearing had fairly begun
Governor Cummins Informed the candi
dates that If they could show that bad
faith had been shown on the part of the
members of the board or that they were
Incompetent, such members would not re
main in office twenty-four hours. In the
hearing D. C. Phillips, who was a member
of the board at the time the examination
took place, stated that the 1902 examindtiou
had not proceeded far till it became evi
dent that the questions had been In the
hands of the candidates before they came
to the examination. It was freely con
ceded on both sides that the governor had
hud no knowledge of the conditions. It
was sought by D. C. Phillips, the ex-member
of the board, and the candidates who
failed to puss, to show that because of
politics the board had made the examina
tion so hard that none had passed. The
hearing was concluded this afternoon. The
governor reserved his decision till he has
looked over the evidence.
Trouble with Assessors.
Trouble Is in store for the state census
that Is being taken at this time. The state
law provides that the census shall be taken
by the assessors and shall be paid for by
the counties. The supervisors shall fix
the limit of the number of days in which
the assessors can do their work and they
are allowed $2 a day. The taking of the
census will take five or six times as much
time as the taking rtf the assessment.
Some supervisors have failed to allow In
creased time for the taking of the census.
In one county the assessors have struck
old In several more they threaten to. If
they should do the work under the condl-
tlons they would receive but a few cents
a day for their work. Attorney General
Mullan was asked for his opinion and
stated that under the law if the assessor
refuses to do the work the county auditor
must at once appoint an eunmerator to
take tho census and he shall' be paid a
fair compensation by the county. If the
auditor fails to act or secures incompetent
enumerators the executive council has the
authority to send enumerators to the
county, n is feared that many of the as
sessors will fall to do the work because
of the failure of the supervisors to recog
nize the amount of extra time It will take
to secure the census.
Governor Divides Reward.
Governor A. B. Cummins today an
nounced that the reward offered bf the
state for the capture of 'James Lobbins
for murdering Henry White In Oskaloosa
In September, 1903, should be divided, $200
to Sheriff C. E. Case of Falrbury, Neb.,
who captured the man, and $100 to Detec
tive W. A. Bentley of Lincoln, who helped
to bring him to Iowa.
Attacks Charity Policy.
Judge C. A. Bishop of the supreme court
at a meeting of the Associated Charities
attacked the policy of the organization In
refusing direct help and Reeking to furnish
work and employment. He said the eleva
tion of the poor should be left to the school
aud thut his trained eye could Judge the
worthy of the beggars. He had no answer
V) the argument that the beggar had a
1 1 allied eyo to match his.
Purdun for Sarah Knhn.
Senator Jamleson, who was In the city
todaj, stated that he was studying up the
ease cf Sarah Kulin, who was convicted
of giving her husband, a crippled old shoe
maker, a dose of poison in his beer and
that an effort would probably be made
cgain at the next session of the legisla
ture for her pardon. Her case has been
one of the most conspicuous before the
legislature In years.
- Supreme Court Decisions.
The supreme court today handed down the
following decisions:
(.race Hoon, uppellant, againxt Rush
Hoon; Cedar county; action in equity to
declure a trust in favor of palmlff in cer
tain real estate; affirmed.
June Baiber against liernetta Maden. ar-
pelluiit; Tuiua county; suit to recover tor
services rendered the defendant; affirmed.
it. C. Noi ks against Town of Whiting,
upptllant; Monona county; action to re
cover damages for accidental injury to
horse; affirmed.
Elila M. Whiiiey ngfllnst Thomas McLeod.
sheriff, and F Z. Whiney, appellants; I a
county; action to enjoin sale of certain lot
under execution; reversed.
Frank Berkey against W. O. Thompson,
Judge defendant, and E. Lafebure & Sons,
appellants; proceedings In certiorari to re
view taxing coats of report's notes; an
nulled. UNION MINERS ARE MEETING
Possibility of Trouble In the Anthra
cite Coal Region la Being;
Discussed.
INDIANAPOLIS. Jan. 11 Miners of bitu
minous and anthracite coal are arriving for
to1;, . , """w- " ' "e"
i Monay " lh "atln-l wll
be abls to report early Monday the re-eleo'
their national convention, which wlil becln
I
' P'"1""' Vice President
LewI- n(1 Secretary-Treasurer Wilson. It
. is anticipated that precautionary prepara-
tlons for another great struggle between
the anthracite coal operators and the
United Mine workers will ba laid. The con
vention will devote a dart of Its time to
planning for a war footing for the organi
sation so It would be sble to meet and make
demands of the anthracite operators on
April 1, 1SO0. The, mluers want;
Recognition of the union. v
A Joint contract such as exists tn the
principal bituminous districts, covering at
least a year.
The adoption of the check-off system by
the anthracite companies by which they, as
the bttamlneraB operators now do, will col
lect the union duns at the mine.
The plans to put the organization on a
war footing ptevlde for a full $l,Ot),000
treasure fund, a thorough orgn ration In
the anthracite districts and the pittlrg of
the bituminous operators of central and
western Pennsylvania, Ohio, Indiana, Iowa.
Illinois, West Virginia. Maryland. Michigan
and the south and west against the anthra
cite operators
RIPLEY MAKES EXPLANATION
Santa Fe Arts as Collecting Agent for
Fori Company and Price of Coal
Is Included In Freight Rates.
CHICAGO. Jan. H.-Presldent E. P. Rip
ley of the Atchison, Topeka & Santa Fe
railroad. In further explar.ation of his tele
gram to the Interstate Commerce commis
sion regsrding his withdrawal of a request
for a rehearing of the case In whiJh It Is
alleged his company gave rebates to the
Colorado Fuel and Iron cohijuiny on coal
shipments, this evening made the follow
ing statement;
The statements which have been made
relative to the recent hearing of the com
mission for the purpose 'of investigating
New Mexico cosl rates Indicate an utter
misconstruction of the facts disclosed by
the testimony, which are as follows:
The mining Industries In Arlsona and Old
Mexico, located upon the El Paso & South
western "railroad and Its connections, have
long been Important customers of the At
chison company by reason of their large
consumption of bituminous coal. The fav
ored coal, by reason of Its quality for
steam purposes, is that mined In northern
New Mexico and southern Colorado. All
the mines situated upon the Atchison, To
peka & Santa Fe railroad producing this
quality of coal were owned or controlled
by the Colorado Fuel and Iron company.
Some two years ago the Atchison company,
in competing for this business, was con
fronted with the necessity of making a spe
cific freight rate which would encourage
the Industries mentioned to use coal instead
of oil, which w.is then being considered
nnd had become a practicable and cheap
fuel In consequence of large discoveries of
oil in Texas and California. As a result
of various negotiations an arrangement
was arrived at whereby the Atchison com
pany agreed that It would carry coal from
the mines to Deinlng for $2 per ton, and
would there deliver the same to the El
Paso A Southwestern company, collecting
In B'llitlon to Its own freight rate of 12
the sum of $1.10 for the Colorado Fuel com
pany, as was the custom of all roads In
that territory.
Through some Inexplicable mistake the
Joint rate which was put In fosce to cover
this arrangement, and which should have
shown upon its face that the rate Included
the price of coal, failed to disclose such
fact, and as a consequence It Is possible
there may have been unintentional viola
tion of the law, but it Is obvious that no
one was injured thereby, because the Colo
rado Fuel and Iron company received under
the arrangement nothing more than the
contract price for its coal and there were
no other shippers In that field.
The absurdity of the current reports to
the effect that rebates were paid the Colo
rado Fuel and Iron company Is clearly
shown by the fact that the fuel company
had no Interest whatever In the freight
rstes, all of which were paid by the con
sumers. CHICAGO, Jan. 14.-One phase of -the
Santa Fe and Colorado Fuel and Iron
case will be heard 'In the supreme court
of the United States on January 22. At
torney N. B. Field of tho Culedonla com
pany, who was In Chicago today on his
way to Washington, declared that the $400,
000 suit for danlages which his company
Is prosecuting In tho courts will be heard
In Washington on a motion to'oompet the
Arizona courts to assume Jurisdiction.
B. S. Baker, formerly Judge of the Second
Judicial district of New Mexico, and who
was removed by President Roosevelt, It
appears, refused to recognize service of
papers in the suit made upon E. P. Ripley,
president of the Santa Fe when Mr. Ripley
was passing through the territory.- Judge
Baker hertl that Mr. Ripley was not stop
ping In the territory, but simply passing
through and that the service therefore was
not legal. From this decision an appeal
was taken to the supreme court, where
the matter will be heard January 23.
The $400,000 damages asked of the Santa
Fe la because of the alleged fact that the
Caledonia Coal company was ruined and
driven out of business by the rebates paid
by the railroad company to the Colorado
Fuel and Iron company.
MUCH WANTED DYNAMITER
Man Arrested at Philadelphia Be
lieved to Be Crank Who Tried to
Blow Vp the Vmhrla,
PHILADELPHIA, Jan. 14. Detectives
from New York and Washington are ex
pected here tomorrow for the purpose of
identifying Gesslcr Rosseau, the man who
was arrested here yesterday with an in
fernal machine in his possession. Inspector
McCluskey of New York was in communi
cation today with Captain of Detectives
Donaghy of this city, and asked for forty
eight hours to prepare his claim for the
prisoner, whom the New York authorities
are positive is the man who attempted to
blow up the Cunard line steamer L'mbrla
in May, 1903.
Captain Donaghy also heard from Wash
ington by long distance telephone and was
Informed that photographs of Rosseau had
been Identified there as those of the orank
who had attempted to destroy the atatue
of Frederick tho Great by hanging an In
fernal machine on the fence surrounding
the statue.
Captain Donaghy notified the officers of
bo'th cities to send representatives here and
the man would be turned over to the city
presenting the strongest evidence against
him. As yet the photographs sent to Colo-
rodo have not hnd dm. reaeH thai
! destination, but Captain Donaghy la ex-
pectlng to hear from Denver authorities
that Rosseau Is known there. His reason
for thinking this is that Rosseau wore a
hat made bv u Philadelphia manufacturer
and sold by a Denver firm. Rossesu's
coolness and nerve does not desert him. He '
sits qul tly In his cell tit the city hull nnd
never complains. He was very anxious to
get the morning newspapers, hut these
were refused him.
He is a man of more than average Intelli-
e. ,,u luueauoii. jug answers are
civil, but dignified and firm, add he cannot
be induced to answer a single question
about himself.
"I mado a mlntake," he said to Captain
Donaghy today, "but I have nothing fur
ther to say. If you want to know any
thing about me you will have to find It out
for yourself. I can't help you."
NEW YORK. Jan. 14.-A eh .i
named Rooney Is also said to have Identl-
neu me picture or Gessler Rosseau as a
photograph of the man who Is alleged to
have sent the Infernal machine to the
steamer Umbrla In May, 1903. Rooney
whose stand is at Thirtieth street snd
Ninth avenue, says he was employed by
Rosseau when the latter live at a board
ing house In West Thirty-first street.
SHERIFFELECT J30ES TO JAIL
Detroit Offlctnl Charged with Collect
ing; Frandnlent Fees from the
State Whlle Coroner.
DETROIT, Jan. U-Formtr Coroner John
T. Hoffman; one of the most prominent
politicians of Detroit and Wayne county,
who was elected sheriff at the November
election and has since January 1 been
vainly endeavoring to secure possession of
the Jail and sheriff's office, waa tonight
lot-ked up In the Jail as a prisoner, a Jury In
the recorder's court having found him
guilty of collecting fraudulent coroner's
tes from the stale. Motions to get a stay
of proceedings and to admit the defendant
to bail were denied by Judge Murphy.
The charge against Hoffman was collect
ing fees from the suts fur Inquests lii
which the vk'tlma were residents of the
statu.
AFFAIRS SOUTH OMAHA
Change in City Charter Are Now Being
lilted Over.
REPRESENTATIVE NILE HEARS OPINIONS
Matter of Mud t reek Sewer Is the
Main Point I niler Discussion,
bat Some Other Thlusa
Are Consldeied.
Frank J. Fltle, a member of the legisla
ture, elected from South Omaha, was1 In
the clt.v yesterday conferring with city ofll
chvls In regard to charter amendments.
"There has been considerable talk," said
Mr. Fltle, "about it sewer bond amendment
to the charter, and I am here for the pur
pose bf conferring with the officials and
want to ascertain Just what Is wanted. I
hsre talked to W. P. Adklns, president of
the council, and Mr. Adklns told me that
he would be In Lincoln within a few days
with seme sort of a definite Idea of what Is
needed regarding the extension of the sewer
sStem. I find that there Is some opposi
tion to the building of a Mud creek sewer
to the river. Some property owners think
that If such a sewer I constructed the
pscklng houses and Mock yards should pay
the cost. On the other hand, Mr. Adklns
tells me that the ynrds and the packers pay
about 05 per cnt of the taxes and that they
are entitled to some consideration."
Continuing, Representative Fltle snld that
he Would call upon Mayor Koutsky, City
Attorney Lambert, Treasurer Howe and
other ofiV'Inls snd endeavor to find out Just
what Is wanted In relation to churter
changes.
"X can see from my knowledge of city af
fairs," sold Mr. Fltle. "that the charter Is
cumbersome In some respects. It Is my j
opinion that by making some changes the
running expenses of the city can be re
duced. I am willing to admit that a better
sewer system Is needed In South Omaha on
account of its rapid growth. When Mr.
Adklns or the city attorney send to the
legislature a definite proposition I wilt
spend some time In South Omaha making a
thorough investigation."
Improvement Club Meeting;.
Friday night the Highland Park Improve
ment club held a meeting at the Lincoln
school. President C. W. Miller was In the
chair. The committee appointed some time
ago to take up the matter of opening Twenty-fifth
street to the boulevard reported
that as a result of Its efforts the city coun
cil of Omaha had under way condemnation
proceedings against the narrow Btrip of
ground between A street and the boulevard.
Messrs. Fitzgerald. Broadwell and Powell
will act as a committee to eee that the pro
ceedings be pushed aa rapidly as possible.
A committee composed of Messrs. Brewer,
Miller and Fitzgerald was appointed to con
sult with City Attorney Lambert and the
council In regard to charter amendments.
At the request of property owners south of
O street the southern boundary line of the
olub was extended to J street. The un
graded streets south of G and north of J
are now to receive attention from the club.
A resolution was adopted petitioning the
cljy council to take whatever action neces
sary to secure for the public transfers to
and from all car lines within the city and
also to work for the abolition of the tele
phone tolls between the two Omahas.
The club expressed emphatic opposition
to Increasing the salaries of any city offi
cials at the present time.
Cottage Prayer Meeting-.
A schedule of cottage prayer meetings
has been arranged by the pastors of the
Protestant churches of South Omaha for
Tuesday evening of this week. These cot
tage meetings are held In order to prepare
for union evangelical meetings, which com
mence on Sunday evening, January 22.
Meetings will be held on Tuesday night at
the following residences: M. Mabery,
Twenty-fifth and D streets; O. K. Pad
dock, 1516 North Twenty-eighth street; F.
A. Cressey, Twenty-second and G; Miss
Rose, 2216 J; A. A. Thurlow. 725 North
Eighteenth; Bruce McCulloch, 839 North
Twelfth; H. M. Wells, 414 North Fifteenth;
J. W. Cress, 605 North Nineteenth; Mrs.
Terrell, Twenty-third and M; N. M. Gra
ham, Sixteenth and Missouri avenue.
It Is expected that arrangements will bs
made for cottage prayer meetings on
Thursday and Friday evenings of this
week.
Gas Company Pays Royalty.
Saturday noon the Omaha Gas company,
through Local Manager Davis, paid to City
Treasurer Howe $1,421.91 as royalty on the
company's franchise for the year 1904.
When the franchise was granted to the
Omaha Gas company the stipulation was
made that a certain ,per cent of the re
ceipts be paid to the city annually as a
royalty. The amount of the royalty paid
yesterday exceeds that of a year ago by
a little over $200. Under the ordinance
franchise this royalty myt be paid to the
city treasurer not later than January 16
each year. The net cubic feet of gas con
sumed and paid for In 1904 was 28,4.18,300.
Call for Dunk g 'elements.
Friday the Treasury department Issued a
call on national banks to show the stand
ing of the banks at the close of business
on January 11. The three banks at South
Omaha Issued printed statements Satur-
Cay. Deposits at the three banks here at
tn8 cloM of b"8'"81" " January 11
amounted to $6,?89,60t.95. Loans amounted
to $4.373. 80. 91. Cash on hand, $2,507,408.04.
The previous call was made on November
10. These calls are made about every sev
enty days.
Workmen Install Officers.
Tueaday evening, January 17, South
Omaha lodge, No. C6, Ancient Order of
United Workmen, will Install officers. Ja
cM Jaskalek. grand master workman, will
act aa Installing officer. Judge A. L. Sut
ton Is to to Installed master workman.
There will be good music, good speakers
and refreshments during the evening. Just
who the speakers will be has pot been
made public, but as Judge Sutton has
charge of this portion of the entertain
ment there will doubtless be a number of
well known speakers on hand. This lodge
now haa a membership of 860 and Is the
r"'ronr,,t workman lodge In the state.
Magic City Gossip.
Coal-J. B. Watklns A Co. Tel. 8L
Dr. Willi m Berry is reported to be 111
with the grip.
Mrs. Andrew Renwlck Is reported among
the IncM.osed.
Ralph Sage is recovering slowly from a
serious attack of the grip.
James A. Heath Is con.ined to his home
with a severe attack pf rheumatism.
Hard coal. Bee Howland .umber Co., 43k
North Twenty-fourth street. Phone 7.
St. Vincent's guild will give a musicals
at the residence of T, J. O'Neil Tuesday
evening.
The severe weather kept all of the plumb,
era In the city on the Jump Friday and
Saturday.
Rev. Dr. Wheeler will preach morning
and evening today at the First Presby
terian church.
Hits NO. 15, Ijadlea of the Maccabees,
will Install efficera Wednesday afternoon at
Masonio hall.
Dr. W. H. Slabaugh has been elected
vice president of the Douglas County
il-dlcai society,
8uperler lodge No. 193. Degree of Honor,
will give a danning party February ?i at
Workmen teoole.
. Charles C. Stanley, for many years a
resident of South Omalia, has moved bis
family to Chicago.
Tribe No. 65, Improve Order of Red
Men. will give a dance at Workmen temple
on Friday evening.
This week we will sell men's 60-cent
four-tn-hands for 26 cents. Nebraska Shoe
and Clothing House, South Omaha.
t'puiiurcii Lodge No. jj aud Superior lodgs
.No. I;. Decree of Honor, held a Joint In
stnllMii n ii oituer.- ,.....' ...
Rev. C k'- 'i"" "f t'miha will deliver
an a. lire- at the Young Mens Christian
a-- 'cta.ii'n rooms al 4 o cioek this atter
noon. Rol.ert Williams of the Armour enmr-ri'
has been transf-Tred to the Sioux City
p. ant. hi i e he will have charge ef the
.nrgraph room.
The l.ieil.s suxl'.liirv of the Ancient
Order of Hibernians will give a hail at
Odd Fellows' hall Wcdne-day evening. Re
iresl.im nts will 1 served.
The ladles' Aid society of the Presby
terian church will give a tes at the home
ol Mr. stul Mrs a. H "Murdoek, 261b 12
strvet. Wednesday afternoon. ,
The Souih lniah oung Men s Cbrls
tl:m association now has member-hip of
4.i.i, The avenge dally attendance at 4ha
rooms during December wss 136.
Mis. Wlliism Hret-chliehler, Twenty
thlid and P streets, died yesterday at the
iiae of tvl. The funeral will be at l:S0 Mon
day morning at tt. Agnes' church.
Judge IJn.lsev will speak on Juesdny
evening at the Board I Education rooms
In Omaha. Members of the Woman's
tio-iMlan Temoeriince union are urged to
attend this meeting.
The Woman's Home and Foreign Mis
sionary s cletv of the First Presbyterian
church will meet on Thursday afternoon,
Jsnutirv at the home of Mrs. C- M.
Rich, it'll North Twenty-third street.
Dr. Marv Andrews, president of the
Omaha Woman's club, will address the
South Omaha Century Uternry club on
Tuedav afternoon. Her suhjoot will be
"TransVendcnfallsm." Kach member of
the club Is privileged to bring a guest.
ROBBERY ON FIFTH AVENUE
Masked Man Holds t'p Four Person
In New York Maasloa nnd
Makes Ills F.scape.
NEW YORK, Jan. 14- It developed todaf
that for noarly a week the police have been
searching for a man who, masked and
armed with a revolver, forced his way into
the residence of Ernest O. W. Woers, a
wealthy brewer on Fifth avenue, held up
three servants and Mr. Woeri's daughter'
and forced the brewer himself la pay trib
ute in the sum of $100 before ne wouiaoon
nt tn leave. The robber then rushed front
the house and although the police wra
promptly notified not a trace oi rum
been found.
Mrs. James Steele, Mr. Woers's daughter,
says that the young man, well dressed and
-p-urlnir a tnank over his face, called at tho
house Monday evening and when the maid
answered the bell covered ner win a re
volver and stepped Into the hall,
"f aanl monev and I want It quick," ha
said. "If I don't get It I'll kill someone."
Ho then rushed past the maid and run
ning up the stairs met Mrs. Steele and a
woman friend In an upper nan. 'ine re
volver was pressed almost against Mr a
Steele's face as he repeated the demand
made to the servant. Whn Mr. Woeri. at
evo wwi hv the sound of loud voices, came
on the scene the robber turned the weapon
upon him. "Give me an your money, uw
give It to me quick. If you don't I'll kill
yoa," he aaid.
Mr. Woers drew a roll or bills, amounting
to about $100, from his pocket. The man
with the gun seized the money and with x
parting threat to shoot if any outcry was
raised dashed down tho stairs and out of
the house,
PLAN EVANGELISTIC CAMPAIGN
National Council of Congren-atlonal
Churches 'Will Hold Extensive
erica of Revival Meetings.
NEW YORK, 'Jan. 14. A committee com
posed of the Revs. Newell Dwlght Hlllls
of Plymouth church, Washington Gladden,
Francis E. Clark of the United Society ol,
Christian Endeavor and Frank W. Gun
saulus of Chicago have perfected arrange
ments for the evangelistic campaign to bo
carried on In the United States under tho
auspices of the evangelical committee of
the National Council of Congregational
Churches. The Rev. William James Daw
son of London will arrive in this country
about February 1 to engage in this work,
going at once to Pittsfleld Maes., thence to
Springfield, Mass., Boston, Providence,
Hartford, Brooklyn, Montclalr, Washington,
D. C, Blnghamton and Buffalo, N. Y. He
will subsequently start west to continue
the work.
Dr. Hlllls will start for Chicago tomor
row to speak at a meeting of the evangel
istic commission and also at the Boctal
Union of Chicago. ,
DROPPED A NICKEL IN SLOT
One Bright Little Incident la
Career of a? Bibulous
Smith.
tho
A good story Is told of a well known
Omaha character named Smith or-something
else. It 'was late In the afternoon
when he floated Into the Henshaw and at
that. time he had taken so many drinks
that things looked double to him. He
swayed at the brassy rail, trying to appear
dignified and composed, when he looked up
and espied a stranger at the other and of
the counter. The latter had also been Im
bibing, but he had his mouth open and
was looking out of the window, apparently
lost in thought. Suddenly an idea struck
Smith. He straightened up. walked over
to where the preoccupied stranger was and,
stepping on his feet, dropped a nickel Into
the astonished man's mouth. It took sev
eral rounds of drinks and considerable
argument, to convince Smith that he had
not been playing a nickel-In-the-slot ma
chine. KENTUCKY FEUDIST MEET
Three Aro Dead and One Fatally In
jnred In Fight Hear
. Whltesburgr.
CINCINNATI. Jan. 14. A Times-Stap
special from Whltesburg, Ky., says that at
Holman, thlg county, the feud factions,
led, respectively, by W. Roarlck and Henry
Holcomb, met and those two and Joseph
Holcomb were killed and Buford Roarlck
probably fatally wounded. The trouble
originated In the murder of Roartcks years
ago, the Holcombs being suspected. Tha
two factions have been armed Snd ready
for a meeting for several weeks.
DEATH RECORD.
Rev. Edmund J. Wolfe.
Trof. Rev. Edmund J. Wolfe, D. D., L. I
D., president of the general synod of the
Evtngellcal Lutheran church, died January
10 at hla home In Gettysburg, Pa., after a
brief Illness. Dr. Wolfe wets one of' the
most eminent divines In the Lutheran
church.. He waa well known aa a scholar
and author. He waa professof of New
Testament. Exegesis gnd church history
In the Lutheran seminary' at Gettysburg.
Earl of Cal rues.
CANNES, Jan. U.-The earl of Cairnag
was found dead In bed at the Union dob
here today. Hla death is attributed to
heart disease. The earl, when Viscount
Garmoyle, was the defendant In a noted
breach of promise case and had to pay
Mln Fortescue. the actress. $50,000. He
was born In Uft3 and was not married.
Robert Baldwin.
Bob Baldwin, a well known colored polt
tlclan, died at hla home. III North Twenty
seventh avenue, last evening. The Immedi
ate cause of his death Is said to have
been dropsy, Baldwin, who had lived In
Omaha about eighteen years, was 48 years
of age aud leaves a wife and ons child.
William J. ttulnlan.
ALBANY. N. Y., Jan. 14,-WUllam J.
Qulnlau, owner of the Albany base ball
team In the New York StsM league, died
today. He wss a writer on sporting topics
before Ms advent as a base ball managett
t