10
THE OMAIIA DAILY BEE: WEDNESDAY. FEBRUARY 9. 1005.
COLBY ESCAPES A TRIAL
He if Eet Free by Judge Carland SnsUin
. ing His Demurrer.
ACTS DO NOT CONSTITUTE EMBEZZLEMENT
Onlala Otri la Dtall Into Dalles
ad Responsibilities Devoir
lac oa Offloe of Adja
taat General.
Ths famous Colby casa la ended, wiped
oft the docket, and General L. W. Colby,
former adjutant general of Nebraska, ' la
legally exonerated from the charge of em
bezxlement. Such at least is the result
Implied by the sustaining of the demurrer
Impleaded by General Colby'a attorneys be
fore Judfo Carland In the United States
district court, judge Carland handed down
Ma dnrlslon In writing yesterday morning,
sustaining the demurrer.
. General Colby, with his attorneys, a num
ber of friends and several state officials
Interested In the outcome of the case, were
In the court room when the decision was
read.
The Indlclment of Genwal Colby was
found by the federal grand Jury of No
vember, 1903, which distinguished itself for
the several sennational Indictments of a
more or lens political character stimulated
by the seal of former District Attorney
W. 8. Summers, and most of which have
since failed of fruition wnen brought to
trial or been dismissed because of insuffi
cient proof to warrant the expense of trial
with no probability of conviction.
Story of Indictment.
General Colby was Indicted for the mis
appropriation of some 12,000 or more, pro
ceeds of the alleged sale of a quantity of
blankets belonging to the federal govern
ment and loaned -to Nebraska for the use
of the National Guard. There were some
thirty or forty counts In the Indictment
against General Colby, all of which bore
generally upon the claim of embezzlement
Prior to the formal returning of the In
dictment General Colby turned over to the
governor the amounts of money Involved,
ha constantly maintaining that the money
waa the property of the state and not of
the government and that hence no federal
question waa Involved. Several months
ago this sum waa turned over to the War
department by the state authorities, but
the War department, while accepting It in
trust, denied having any claim upon the
funds and agreed to hold it merely In trust
for the state, to be drawn upon either In
kind or property for the use of the Ne
braska National Guard.
" ' Text of the Decision.
The decision of Judge Carland involves
the question of the responsibility of ad
jutant geanrala of the states and is far
reaching in its effect. Following is the
decision:
In order to sustain the charges contained
In the several counta of the Indictment It
is Incumbent upuu the lulled glales to
prove by competent evidence:
rirsi mat at some time wnnin tne
statute of limitations the I'nlted States
waa the owner of the property charged to
have been embezzled.
Second That at and prior to the alleged;
embezzlement the defendant was in the
possession of the same lawfully, under and
by virtue of the authority of the United
States.
Third That while In such lawful posses
sion the defendant, in violation of the
trust Imposed In him by the United States,
knowingly converted said property to his
own use.
While the act of March 8, 1875, uses the
expression "any person," said words do
not In any manner qualify or limit the
word "embezzle." After you have gotten
the person, embezzlement Is still to be
proved, whether the person is an officer of
the United States or a private individual.
It Is certain that no property of the United
States can ' corns' lawfully Into the pos
session of any one without the establish
ment of a trust relation, nor without the
United States, through some law or the act
of some lawful authorized agent, has
transterred said possession.
Let us now examine count No. 10. The
Indictment could be criticised for the use
of the word "being," Instead of a direct
and positive allegation, such as the law
requires; but graver matters will receive
attention.
Count 10 allcaes that the defendant, at
a certain time and place, "being" adjutant
ea with
general and "being" entrusted
the
care, custody and safe-keeping of certain
groperty, moneys and funds of the United
tates, towlt, arms, ordnance stores, quar
termaster stores and camp equipage, for
the use of the Nebraska National guard,
and the moneys, funds and proceeds arising
from certain sales of said property. Stop
ping now at this part of the count, we will
notice that there is no allegation any
where aa to how the defendant obtained
fossession of the property, or who en
rusted him with it. No facts are alleged
'from which the count can draw the legal
conclusion that the defendant lawfully be
came the custodian of said property, with
the consent of the United States. No
statute of the United States lias been cited,
nor have I found any that makes the adju
tant general the legal custodian of the
firoperty described, and there Is no aliega
ion that the United States gave the pos
session thereof to defendant in any other
manner; therefore, the count Is fatally de
fective tn not alleging that defendant's
possession was obtained through some
transaction with the owner thereof, or the
AlsUjr authorized agent.
" Wbil la Really Charged.
Following the language of the count we
find it further alleges that the defendant
then and there did convert to his own use
and embezzle a certain portion of the
proceeds arising from the sales of said
arms, .ordinance stores. quartermaster
stores and camp equipage, to-wlt, a certain
State treasury warrant which is set out.
Here again we must inquire who entrusted
Colby with this warrant. There Is no luw
making him the legal custodian of it and
not a single fact is alleged showing that
the United States, or any of its officers,
ever authorized him to receive it; conced
ing fur the purpose of Illustration that it
belonged to the United States, if the law
did not make him the custodian of It. and
no officer or agent of the United States
authorized him to receive it, his possession
never was lawful, and hence he could not
embezzle it.
All the other counts of the Indictment
charge an embazzlement of moneys arising
from the sale of the property described
therein. If there is no allegation tshowlng
that defendant was In possession of the
property, under and by the authority of
the United States, there Is certainly no
showing that he eyer came into the pos
session of the proceeds through any such
authority, for here is absolutely no al
legation that he had any power to sell or
receive the proceeds, Or that the proceeds
arose from any sale made by defendant.
What has been said applies to all the
counts of the indictment and renders them
Invalid.
The principle embodied in these remarks
may be stated thus: In order to convict
one of the embezzlement of United States
property under the laws of the United
States, the indictment must allege, and the
evidence show, that the defendant obtained
possession of the property by or through
consent or authority of the United States.
The Indictment can not be aided by pre
sumptions. The burden Is upon the United
States to allege and prove every material
element of the charge. That the defendant
either as an Individual or as adjutant gen
eral occupied a trust relation to tha United
States In reference to the property alleged
tn
to have been embeszled Is of
ha very
Wednesday Ojl
B i f I V
sin I I TV.
Din ii
TEN BARGAIN SQUARES
AND TABLES OF
EMBROIDERIES
Today will be the
greatest bargain day
in embroideries that Omaba shoppers
ever knew all the
t a e ,if T 1
s& raciory aampies, iriai
Strips and Mill Ends
Dought from a renowned Switzerland manufacturer. Just think of it
Over 100,000 Yards of Finest Embroideries on
Squares and Tables for Easy Selection.
Twice a year we buy this great factory accumula
tion outright. This year the lot is more complete and
more beautiful than ever before.
In this proat purchase are the very finpst embroideries made
all widths of cambric, Nainsook and Hamburg embroid
eries from 2J inches to 17 inches they are embroideries,
insertings and galloons a great variety of the most charm
ing patterns, all of them fresh and new. These are the
embroideries for which rv 1 pat j f
you would expect to 9 O, O, fl fl DPj
pay up to 25c a yard JJ afJy aJLJ
for at, a yard t
All the Fine Extra Wide Embroideries.
Skirt Flounces and Corset f E rs
Cover Embroideries, euita- jj frnT f If jf
ble also for making muslin under- II 1 H JT. fin
wear, eto scores of showy patterns M saV 4aw
extra bargain at
Beautiful Match Sets of Embroideries
In this assortment are 65,000 yards of the most elaborate
embroideries ever shown in Omaha. This is a fac simile of
the great Switzerland display which was so greatly admired
and marveled at during the exposition at St. Louis. Match
sets of Swiss and nainsook embroideries neat, dainty and
elaborate designs all widths with insertings to match
many neat baby Beta this lot Is made up entirely of hand loom em
broideries the very same Roods for which you expect to pay 75c to $1.50
a yard according to width, at
I5c-25c-39c-49c-59c
Sale Begins J
.Wednesday.
00lMr.ril&.
Sale Begins
Wednesday.
is,.
pips
EJ1M DEI
Men's 1 Suits 90
and Overcoats J
Most Extraordinary
CLONING SALE
Ever Held in America.
Your Choice of All the Men's $18,
$20 and $25 Suits and Overcoats
JrWMpple&Co.Stock?:7k
At SIX NINETY
NOW ON SALE
mam
MM
J OMAHA WEATHER Wednesday, Fair.
Greai
essence of the crime with which he Is
charged, and such relation neither appears
aa a matter of law, or as a matter of al
leged fact. , In regard to the remnrks of
the learned United States attorney In
relation to the doctrine of estoppel, it may
be said that the fact upon which estoppel
might be claimed do not appear on the
furs of the indictment.
The demurrer is sustained.
ONCE JUSTICE TOOK A LOOK
Blindfolded Goddess Removes Band
ace l.ons; Enough to Spare a
Yoirthfal Offender.
Several days ago a raised postofflce
order was received at the office of the
United tatca district attorney, coming
from Montgomery Ward & Co'., establish
ment at Chicago. The order was received
there- from a small town In the western
part of Nebraska, and had been raised
from 15 cents to $52.13. The work was so
palpable a forgery, that It was at once
decided to be the handiwork of an Inex
perienced child. Inspector St. Clair In
vestigated the case and discovered that Us
author was a girl of but 16 or 17 years of
bxo. She lived In a relatively Inhospitable
home with her father, a Dune. As soon as
the girl was confronted with the forged
Black Cat Hosiery
Leads in Children's Hose
No. 15 or the leather stocking not leather, but wears like
leather la the strongest boys' stocking made. It has triple
(three thread) knee, heel and toe, sleos 5'i to 11, price 2ji
Black Cat No. id, Is a medium weight a finer stocking
than No. 15 good wearing for boys or girls, sizes 54 to 11
Xrlce 25c.
The Black Cat No. 14. medium weight, double knee, heel
and toe, sizes 5 to 0, price 15c two pairs for 25c.
A heavy ribbed fleeced hose, elastle and ' strong," double
knee, heel and toe to close we sell two pairs for 25c.
Ladles' cashmere hose, sixes SV4 And 0 rvitular .25c hose,
to close, 2 pairs for 25c.
We carry full Una of the Fay Hose.
MRS. J. BENSON.
order she fled from the presence of the
inspector, admitting that she was guilty.
She hid herself and all efforts to find her
were for a while unavailing. The father
was told of the act of the child, and was
completely dumbfounded and proceeded lo
hunt the child and bring her before the
Inspector.
Accompanying the order was a long list
of miscellaneous childish wants dresses,
toys, etc., with the prices affixed, taken
from the catalogue of the Ward company.
Two sheets of an order were utilized in
the order, and while none of the.m indi
cated extravagance. It was very evident
from the appearance of the child and her
home surroundings that she was sadly in
need of most of the things she had or
dered. As the case at once appealed to the hearts
of the United States officials, and owing to
the youth of the culprit, It was decided not
to prosecute the case, as It was question
able whether any Jury could ever be found
that jvould convict her under the circum
stances. It was suggested to the father
of the child that tho only reasonable
atonement for his daughter's crime would
; be for him to send the 152.13 to the Chi
cago house and permit the child to realise
her cravings for a few comforts and lux
urles that he persistently denied her. This
the father promised to do, and thus the
Incident has been closed.
a
" 1 .
MY BABY WAS IS AGONY
With raw humor until cured by Cutlcura.
Mrs. J. H. Block, Rochester, N. T.
PRODIGAL S0NJS LOCATED
Yonaa Maa Will Be Seat Back to His
torronlag Pareats at
St. Fa a I.
A prodigal son will be returned to bis
father's home through the efforts of Su
perintendent Morris of the Bureau of Asso
ciated Charities. About a month ago Mr.
Morris rcctlved a communication from St.
Paul asking for the whereabouta of H. B.
Kelly, a young man believed to be In
Omaha. The nljtlves of Kelly expressej
In the mldalve tn anxiety for the young
mun's return, as tluy hud reasons to think
he might be a wanderer on the face of the
earth. Superintendent Morris happened to
be In police court wheu Kelly was ar-
Importers' Sample Sale of Scarfs. Cen
ter Pieces, Shams and Doilies
with a
Green Trading Stamp
Sensation.
Goods in this lot that every one can use.
15,000 sample scarfs, shams, center pieces and doilies,
made of fine imported white Swiss, embroidered open work
effects and nicely hemstitched. The center pieces and shams
are 32x32, the scarfs 18x30, and 20x54. the table tops and
doilies are 12x12 and 10x16. Home of the pieces in this im
oiense assortment are slightly soiled, values run as high as
$1.50 each. We divide them in three lots:
LOT 1 AT 59C
Fifty ($3.00) Green Trading Stamps with each.
LOT 2-1-AT 15c
Ten ($1.00) Green Trading Stamps with each.
LOT 3 AT 5c
Five (50c) Green Trading Stamps with each.
This sale for Wednesday on big bargain Bquare.
At the Domestic Counter.
500 pieces part wool challis, a beautiful lot of new Per
sian patterns in this assortment (
they are worth 10c a yard Wednesday, yard
Fine All Wool Bltxnkets
All of our extra large. 11-4 all wool silver gray Blankets,
pretty borders yf CIC
worth $7.50 for i ntZJD
i '
Sale of Fine Comforts
All of our fine bed comforts, very large, soft and not too
heavy; very pretty patterns worth I Q C
up to $3.50 Wednesday, each ....... . oZJ3
Bennett's
Greed
Grocery
Forty (M.00) Green TradiDgr Stamps with
-f-ack Excelsior Flour
Thirty (93.00) Green Trading Stamps with
''three lbs. fin est Java and Mocha Coffee. .,
Twenty ($2.00) Green Trading Stamps with
- pound ' Tea.
Thirty ($3.00 Green Trading: Stamps with large Jar Bennett's
, Capitol F re serves.
Thirty ($3.00) Green Trading Stamps with pound Tea,
at
Ten ($1.00) Green Trading- Stamps with can Omar Peaches,
at.. .
1.75
1.00
.58c
35c
68c
...18c
Ten. ($1.00) Green Trading Stamps with can Omar Pears, t Q
t. vs.. n' IOC
Ten ($1.00) Green Trading Stamps with seren bars Swifts' Pride f
Soap, .... asDC
Ten ($1.00) Green Trading Stamps with three packages Bennett's
Capital .Mince Meat
Washington's Hatchet,
25c
CANDIES
each
ireservea "Winger, tin ...... t ; ,
Fancy Boxes, tilled, each.............
Glass Bauks. filled, each
Fifteen ($1.50) Green Trading Stamps with Jar
Candy, assorted i lOc
Five (50c) preen Trading Stamps with package.
rigs.. 0C
.10c
I TELEPHONE 431
FAR NAM STj
AFTER, many months of waiting
we are etun in receipt of the
Old Original
CANON GITY LUMP GOAL
Por. which we have been EXCLUSIVE AGENTS for
years. This is no substitute, but the genuine article. Let
us supply you.
NEBRASKA FUEL CO
1414 Farnam St.
ralgned on the charge of vagrancy and
recognised the man as answering tha de
scription of the Kelly be had been looking
for. Kelly will return to St. Paul. ,
Liquor Cases Before Munaer.
William Estell. Who pleaded guilty to tnk
Inir liquor on the Omaha Indian reservation,
was sentenced to pay a fine of fLui) and con
finement In the Douglas county, Mil for
thirty days. Sentence was S'l'pendcd and
Kutelle returned to his horns.
L. Fred Talbot pleaded guilty before
Judge Mungur to selling liquor without a
license up near Norfolk during the Bone
steel rush and was sentenced to pay a fine
of $100 snd confinement in the Douglas
county Jail for thirty days.
John Holberg of Long Pine was arraigned
for selling liquor to some Indians who were
passing through that town some months
ago while returning from a visit to another
reHervatlon. lie was sentenced to pay a
fine of $lu) and sixty days in jail. Tha sen
tence of confinement was remitted on con
dition of Ms palng the fine.
DIAMONDS
BOYS' KNEE
PANTS.
Agti 3 to 16 Ytirs,
Worth up to 75c,
at 35c
WDBS
BOYS' KNEE
PANTS,
tgts 5 to 16 Yttrs,
Worth tl and $1.50,
at 50c
'
I
Great Valentine Sale
Wednesday morning begins the opening sale of the ' greatest line of Novelty
Valentines ever brought to the city of Omaha. A most complete assortment, from tha
dainty little card to the most elaborate novelty
From 1c to $5.00.
J1
of Flowers f
The Raster Brown Valentine, The Basket
The Acrobatle Valentine, The New Noveltr Comlo Valentine.
Every Possible Style Lowest Prices Possible.
Divided Into nineteen Immense Lots.
lc
LOT 1 Tour choice
only
Beautiful Novelties, new Postal Cards,
Fancy Hearts and the new Comics.
Lot t Tour Bn
choice for OK
This Is a particularly
large line, worth up to luc.
IXT Z Tour choice
for 4C
A fino line of fancy Lace and Novelty
Postal Cards worth fn
LOT 4-Tour
choice for...
,7ic
LOT 6 Tour tOlc I
choice for J I
LOT 9 Tour
choice for
25c
LOT 12 Tour 7C
choice for a O I
1.50 I
LOT 15-Your
choice for...,
LOT IS Tour
choice for...,
Worth up to 20o.
LOT 7 Tour
choice for
LOT 10 Tour
choice for
LOT 13 Tour
choice for....
LOT 1 Tour
choice for....
LOT S Tour
choice for.,,
10c
I Worth up to tfo.
..15c
.35c
1.00
1.75
lyOT 8 Tour
choice for....
1X1T 11-Tour
choice for....
LOT 14-Tour
choice for...,
LOT 17-Tour
choice for....
...20c
...50c
1.25
2.00
2.50
LOT 1 Tour fifl
choice for O.VJU
Death front Rnlnral Taases.
The coroner's Jury in the Inquest over
the body of John Kovcar returned a ver
dict that the man came to his death from
natural causes. Kovcar waa found dead
in I.e.! ut hW room, tin North Ninth stret-t
foroner Pralley has been unable to locate
any of the dead miin s relatives. rue
body will be held at the morgue a few more
days. 7
Harry 8. Pavla, wnderiaasr, til sJ. 15th.
With ths exception of cash on hand
Diamonds are considered by all well
posted persons to be their best asset.
If necessary one can realise more
money on them on short notice, with
less publicity, than they can on any
thing else. W have them front $5.00
to $600.00, and should we sell you one
we contract to give you back at any
time within one year nlne.tenfha nt
what you paid us, should you want It. T
TWENTIETH CENTURY FARMER
st Asrlealtnral weekly.
16c H
....12c 5
h"V
DAINTIEST CREATIONS FOR SPRING
S Most kingly Priced
Department Miss Belle Know It on, Manager. Department
Slaughtering Canned Goods Prices
Everything to Be Moved for the Excavators
Gallon can Oolden Table Syrup 35c
Quart can Golden Table Syrup 7Hc
Gallon can Apples 2oc
Gallon can Tomatoes 25c
Gallon can Peeled Peaches 35c
Gallon can Apricots 35c
8-pound can Table Apricots 12y,c
8-pound can solid packed Tomatoes 7Hc
3-pound can Lye Hominy 7c
S-pound can Boston Baked Beans lo
8-pound can Golden Pumpkin 7Hc
2-pound can Sweet Sugar Corn 7c
2- pound catn Early June Peas 7c
3- pound can Pure Apple Butter 7(c
1- pound can assorted Soups Vc
2- pound can fancy Wax or Lima
Beans 7V4c
2-pound can fancy String Beans to
(.'ii or Mustara oaromes, per can sa
1-pound can Alaska Salmon 1o
10 bars best laundry Soap , 25o
FRESH FRUIT AND CRACKERS.
150
100
Iarge Juicy Navel Oranges, per dni....
Choice Juicy Navel Oranges, per dos...
Fancy new Colorado Honey, per rack..
New Hallowe'en Dates, per pound
Fresh crisp Soda, Oyster, Butter or
Milk Crackers, per pound
Xcello, Malta Vita, Force, Egg-O-See,
etc., per pound
lr.f'
7a
V
THE BIO CREAMERY BPTTER SALS
TO BE CONTINUED WEDNESDAY. ,
HAVDEN BROS,
V. - ' ri-if? 'r
LpS
r
If - "tsl
sW(i
-. . I
W.I I IHM
.a.3l
I
H g." W'tlSfS SB
..-Mrtr
Jj swWfclhxwSOV-1
Lrlaarft. .
L swan ,
tesftWMsa!
, : S
-
SPADRA
Is the best Arkansas Anthracite
unsurpassed for furnace and
heaters. Burns with a slow,
even heat. No smoke, no slack,
no slate, no dirt. Its lasting
quality cannot be excelled. We
have just received a fresh supply.
A MONEY SAVER.
PRICE. $8.50
'IP '
MR tt '
HauuilttMl
I rtM
it-'rM
c-v...ia
LasvH,l
fcassjiml
Si t'-i f-ri i
1 nWAiS .
4MMSJkftJ
f .'tia
t;.-ie-.-:;
1. 9 4-1
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Tit:
C-V-ftULLCO
IZARD 5TS. TEL.429(
JUL.
Mm
tmwmmsm
n r-" bv
4 IK
ilfaafiijUsaitJ .
Fourteen' Year a
Same Location
Dr. Bi-adbUry 1506 FARNAM
DENTIST 'PHONE 1736
Taeth Extracted With- n .. ;.. The moat aensatlve
out Palo. r nerves removed wltlh
Fllllof. SOcup - P
Crown. $2. 50 up fYVv. s-A Lo " "ad.
Briagc Work $2. 80 up jTifYfflY ,oli
Platoa. ..,.$2.00 up 1 I I I I r Written Quarantee .
VERY LOW RATE3.
Th Union Pacific has made very
low rates for round trip Ilouieseekers'
Excursions as follows:
From Omaha
To Cheyenne, Laramie, Rawlins and
intermediate points In Kansas, Nebraska
and Wyoming at rate of $15.00.
To Llmon, Fort Morgan, Sterling and
Intermediate points In Colorado at rate
of f 15.00.
To Colby, Oakley and intermediate
points In Kansas at rate of $11.00.
To many other points in Kansas and
Nebraska, one fare plus $2.00 for the
ronnd trip.
Tickets on sale February 7 and 21,
March 7 and 21.
Homest'ekers tickets will also be on
sale to Oregon, Washington and North
ern Idaho points, April 4 and 18, May
2 and 10, June 6 and 20, and to many
Utah, Wyoming and Idaho points on
April 4 and 18, at rate of one fare plus
$2.00 for the round trip.
For full Information call on or address
Cltr Ticket Offlcs, 1S24 f'arnam St.
'Phone 816.
HOTHINO BETTER MADE FROM THE
JUiCE OF GRAPES
tKira siryr
CHAMPAGNE
SERVED EVERYWHERE
H. L. RAMACCIOTTI. D. V.
CITY VKTKRHAHIAN.
Offlcs and Infirmary, th and Majrn Sta
OMAHA, NEB. Tslsfhone (3t.
For sals by Uestoa Prug Co.
s.'l
Fry Shoe Co.
OUR. GRAND
CLEANUP SHOE SALE
Is attracting the attention of all
economical buyers with
THE GREAT BARGAINS
WE ARE OFFERING
No man, woman or child who
will be in need of shoos anyway
soon can afford to miss this splen
did opportunity to save money oa
them.
MEN'S BARGAIM
$3.00 and $3.50 shoes, , M f
now si,fj
$3.75 and $4.00 shoes. Iftr
now JD
$5.00 and $5.50 shoes, 'T rA
now J J U
$6.00 and $6.60 shoes, A A r
now tTl O
WOMEV9 BARGAINS
$3.00 and $3.50 shoes, A f
now ..T J
$4.00 and $4.50 shoes, O C
cow JD
$5.00 and $3.00 shoes, 7 Pft
now J,D3
$3.00 snd $3.50 shoes f A C
on bargain table, at.... lnfD
CALL AND SEE THEM.
16th . Dougla:
f
ml
;