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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 14, 1905)
THE OMAHA DAILY BEE: FRIDAY. JULY 14. 100" V i s CAR MEN IDENTIFY A PAIR Cocdictor and Motormaa Hell Up Ear of n . . 3lWD OF FIYE BO BANDITS CAUGHT Ilsrney Do ran unl Joe Trallnff Are la the loll on the (linrft ut llulrtlnir Ip Mrret Car. Harney t-oran ot 2177 South fifventepnth street und Joe Traltnrr of South Twelfth street, two of the live "boy bftrnhtfi" arrcstrd In Omuh last fall on T,t eveiiln v hen an alleged plot to blow p the Harney gtret t rur barn was to have ''n executed, have been urrpxted by De- tictives Mitchell and lxivl and are boohed at the rlty Jail aa suxplclous characters. Thursday morning Conductor William Muthltton and Motormau ttdward Leltch t.f Uio Council Bluffs Una called at thti .c.Ilci station and Identified l)oran and Trattner aa tlio two hlghwa) men who held ip the two inrs near the Omaha Oun club t rounds on the evenlnc of July 1. The Ftnet car men are positive In their klrntl ilcotlon. Immediately after the Identifica tion Bherirt Canning of Pottawattamie county took the prisoner to Council Uluffa. The young men agreed to go without requisition paper. ji-ui ..-o anu two watcnes were taken from the street car men. A reward of M waa offered f.r tne arrest, and conviction of the robbois. Doran was arrested tn Rivervlew rark, the scene of many of tho holdup com mitted last year and for which the boy I audit made confession. In iKirun's room detectives found a, black mask with eye holes, such a 1 used by burglar and highway men. 8iiico their arrest last fall Doran nnd Trattner have been out on bonds, pending their trials In the district court. They were both bound over from the police court on ! a number of robbery charges. Their former companions, Harry Madison and Roy Case, are also out on bond These four young men, with "Sloppy" Smith, who was dis charged for want of evidence, make up the quintette arrested last fall for a long series of depredations. Charged with liobbcry. An Information charging Doran and Tratt ncr with robbery was filed lost evening by Deputy Sheriff Woolman in tho court of Justice Field, but the time for holding the preliminary hearing of the two moo ha not been set. In the Information It la charged that Doran and Trattner held up and robbed W. A. Matheson, the motor conductor of $37.10, consisting of two $5 gold pieces, one to bill, one silver dollar and 1-1. V) in small change. What evidence the authorities have to connect the two men under arrest with the motor holdup Is not being given out at present by Sheriff Canning or his dep uties. It Is known that the woman whom young Doran married In this city June 12 linn hji.li fti.lricr an m . t.lblni. K . . iw.it . -' -'' mini. in, Ull Ip i , U L J ?Bherlff Woolman denied last evening that she had given him any Information which led to the arrest of the two men. The story that Mrs. Doran had come to him Monday wtlh a story that her husband had told her that he and Trattner had held up the two motor car and had given her a portion of the stolen money. Deputy Woolman 'aald was wholly without founda tion. Mrs. Doran called at Sheriff Canning' office yesterday afternoon and asked per mission to see and talk with her husband In the county Jail. Thl permission was granted conditional on Jailer Gallup being present during the Interview. To Sheriff Canning Mrs. Doran Insisted that her hus band was Innocent of the holdup of the motor cars. ; "Ho had nothing more to do with it than a new born baby, and I can prove It. 1 can and will prove an alibi for him." she said. Yoting Doran came, to this city June 10 and was issued a marriage license to marry Flora B. Smith, whose residence at the tlmo waa given by Doran as Brennanshlre, Scotland. On June 12 they were married by Justice Field at his office, the woman gltvng her age as 31 and the young man as 22. To Justice Field the woman gave her residence as Omaha. ' Drop Slaralflcant Remark. Last Tuesday Mrs. Doran called at the office of the clerk of the district court and to Deputy Clerk Hardesty she said that young Doran's mother was giving her trouble, a she had threatened to take -Mens to have the marrlajra annulled nn Aii ground that her son was not quite 1 fi year of age and she was opposed to "IT SAVEDMY LIFE" PRAISE FOR A FAMOUS MEDICINE Mr. Willtde Tails How She Tried Lydli E. Plnkham'a Vegetable Compound Just la Tim. . Mrs. T. 0. TCIlladsen, of Manning, Iowa, write to Mrs. Piukham: Dear Mrs, Piukham " I can truly say thai yon hare saved my life, and I caunot express my gratitude to you in word. . " Before I wrote to you, telling yoa bow fait, I had doctored for over two year steady ad spent lot of money on medicines beaidoa, but it all failed to help me. Mr uonchly pe riods had ouasad and I suffered much pain, with fainting spells, beariarhe, backache ana bearing-down pains, ami I was so weak I could hardly keep around. A a laxt reeort I decidixt to write you and try Lvdla E. link ham's Yegntahl. Coinpouaiv, and 1 am so thankful that I did, for after following your liutmcUons, which you suit me free of all charge, my monthly periods started ; I am regular aud in iierfect health, Had it not been for yon I would be in my grarc to-day. " 1 sincerely trust that this letter may lead very suffering woman in the country to Tit you for help at I did." When women are troubled with Ir regular or painful menstruation, weak ness, leucorrhoea, displacement or ul ceration of the womb, that bearings down feelinir, inflammation of the ova ries, backache, flatulence, general de bility, indigestion and nervous prostra tion, they should remember there U one tried and true remedy. Lvdia E, inkham Veg-etable Compound at one removes such troubles. Io other female medicine In the world i. ei ,uca widespread and na' qunified endorsement Refuse all sub stitutes. Mr. Pinkhstn Invites all iek women Wrte herforsdrice. She haagnided jiad ttaHh. Addre, Xynn, OMAHA MEN AND W. S. WRIGHT rorauadinn; the match. Mrs.' Doran wanted to know If her huslmnd's mother could, do this and Deputy Hardesty advised her to consult an attorney. At the tlmo Mrs. Doran made a remark which paRBe(l unnoticed, but which appears somewhat significant. She said: "if Barney's mother wants to send him to the penitentiary, I can help her and I don't know but what I would." When asked yesterday what she meant by this re mark Mrs. Doran said she referred to her husband making a false statement about his age when he secured tho marriage license. ARGUMENT ON WATER CASE R. S, Hall Opens for Company in Snlt Bronchi to Itestraln Dosrd In Federal Court. The orgumens on the motion for a tem porary Injunction on behalf of the Omaha' Water company to restrain the Water board of the city of Omaha from enforcing Its recent Order No. 1, establishing the meter rate of 26 cent per thousand gal lons, were begun In the United States cir cuit court Thursday morning before Judge Munger. i Attorney R. S. Hall opened the argument for the water company, occupying the en tire forenoon of Thursday. The gist of Mr. Hall's argument I In elaboration ot the fact set forth In the petition of the water company when applying for the In junction; that the fixing of the 25 cents meter rate waa unjust and unfair and that the water could not be furnished for that rate, which would be less than cost. Ho maintained, further, that no minimum rate had been established by the Water board, and that as a fact out of the 16.000 taps or services furnished by the water com pany to Omaha consumers of water, that 7.000 take less than 1.000 gallons of water dally, and that for this reason a minimum water rate should be established. The matter of the appraisement of the water works also was dwelt upon, and com parisons were made of tho water rates charged consumers In other cities, where both maximum and minimum rates were established. Howard Mansfield of New Tork City, an attorney fos the water company,, followed Mr. Hall In his argument Thursday after noon, speaking for about an hour and a half. Mr. Mansfield held that if the In junction was dismissed the water com pany would be put to serious trouble and Ir.ponyenlence In the multiplicity of suits that would fellow the lowering of the rate since order No. 1 of the board had been Issued. v Mr. Mansfield 'was followed by Carl C. Wright, attorney for the Water board. Mr. Wright maintained that the Water com pany had made no showing that the rate proposed by the order of the Water board would be less than the cost ef production of water, as Implied In the rate fixed by the Water board at 26 ceuti per 1,000 meter gullons. Hence he said the court could not Interfere by Injunction In the controversy unless such a showing is made by the water company. John I Webster foljowed Mr. Wright for the Water boa.-d, taking up the legal aspects of the case and holding to the general principle that the rates as fixed by the Wrater board were ample to meet all the producing expenses of the water company. . Judge J. M. Woolworth followed Mr. Webster, speaking on leha'.f of the water company. Judge. Munger will take the. Lae under advisement at the corcttislon of Judge Woolworth's ru-nent, on.l may not hand down his decision for several days. Switchman loses a Foot. John McClanahan, 1112 South Tenth street, a switchman employed by the Cnlon Pa cific, had his right foot smashed so badly while coupling cars In the yards near Thirteenth street Thursday afternoon that the member had to be amputated just alov the ankle. McClanahan was trying to adjust an automatic coupler with his foot while a car was being "kicked'" down from the engine, some distance away, and before ha could remove his foot the approaching car caught It Just at the ankle, pinioning It between the two couplers. He called loudly for help and was released and later re moved to St. Joseph's hospital, where the member waa amputated by Dr. W. P. Smith, surgeon for the Union Pacific. PERSONAL PARAGRAPHS. Police Commissioner flpratlen -went to Chicago last nignt. P. D. Wead has returned from a ten days' trip through Colorado. Mr. and Mrs. O. D. Woodward of Kan sas City were Id Omaha yesterday, return ing last night. Miss Edith Hodgson of Athens. Oa., Is the guest of Mr. and Mrs. L J. llealey of 10.3 South Twenty-ninth street. - Park Commissioner Cornish, president of the Carter White Iead works. Went to Chi cago last night on business. The condition ot E. W. Nash was some what Improved last night. He was some what worse In the afternoon, but a change for the better was noted In the evening. Judge Eugene A. Tucker, formerly state senator of Richardson county, this state, and wife are visiting Mr. and Mrs. L.. J. Healey at their home, loS4 South Twenty ninth street. Judge Tucker was recently appointed bv President Roosevelt to the po sition of associate Justice of the supreme court of Arlsooa, with headquarter at QlotX. THEIR HOODIES Himself lie is a Farmer. BANKS TO UNITE THIS MONTH Three Big Institution Become One Twenty Fomth of Julji ACCOUNTS TRANSFERRED TWO DAYS PRIOR All Expense Incurred by Customers In Providing- Sew Draft and Check Blanks Will Be Paid. Notices have been sent to the depositors In the Union National, the United Stales National and the Commercial National banks that, beginning with the 24th Inst., the business of the three consolidated In stitutions will be conducted under the title of United States National Bank ot Omaha. The capital Is $600,000 and the surplus $200,000. V On the evening ot July 22 the balances of all accounts In the three banks wilt be transferred to the new bank and any drafts drawn after that date also will be drawn on the pew institution. Any expense In curred by customers In providing new draft and check blanks Is to be cared for by the bank. Rubber stamps for various purposes also arc to be furnished customers. The officers of the new United' State National Bank of Omaha also have sent out a circular calling attention to their en larged facilities and to the location at Six teenth and Farnam. In the building of the old Commercial National. Not only are old customers promised courteous attention, but the smaller accounts of Individuals are solicited and to have the personal attention of Vice President Caldwell. The retention of nearly all the officers and attaches of the three consolidated banks Is dwelt on and an Invitation extended to all customers to call and get better acquainted with the merits of the new deal. Exact Terms Still Indefinite. Information concerning the exact details ot the merger still lack deflniteness, al though It Is settled beyond doubt that the arrangements outlined tn the original mer ger agreement will be carried through without a hitch. It Is fairly understood that of the additional capitalization of the new bank, amounting to $200,000, $100,000 is to be allotted to subscriptions from stock holders from the Union National bank and $100,000 to those of the Commercial Na tional bank, the price being given at 160. There is talk also that some of the stock holders of the bank to be liquidated were brought around to the proposition by out right purchases of their stock at satisfac tory figures. The personnel of the office force of the new bank has not yet been given out beyond the officers and depart ment heads, but will be made up from the clerical employes of the three banks. On Dollar Saved Represents Tea Dol lars Earned. The average man does not save to exceed 10 per cent of his earnings. He must spend nine aonars in living expenses for every uollar saved. That being the case he can not be too careful about unnecessary ex penses. Very often a few cents properly in vested, like buying seeds for his garden, will save several dollars' outlay later on. It Is the same In buying Chamberlain's Colic, Cholera and Diarrhoae Remedy. It costs but a few cents, and a bottle of It In the house often saves a doctor's bill of several dollars. The Lin Ueaatttal." Lehigh Valley railroad. Delightful rout to New York, Philadelphia and Atlantis coast resorts. Five through trains dally. Dining cars, a la carte. Connects at Buf falo and Niagara Falls with all trains from the west. For time tables and descriptive matter address George Eade, Jr., Western Passen ger Agent. IIS South Clark St.. Chicago, I1L PHEKOMKXAL. CLOTHIU DEAL. J. L. Brandels dt Sons Offer for Sale Entire Surplus Stock of Hlrh W lek wire Jk Co., Chicago. $J5 SUITS AT $10 SATURDAY. Omaha men with a taste for stylish cloth ing will realise the big opportunities In this sale. Hundreds of men's hand-tailored and hand-fitted suits from the famous house ot Hirsh-Wlckwire & Co., known from coaat to coast for Its matchless garments. Cloth ing to be compared only to the finest mer chant tailored apparel. SATURDAY YOU HAVE YOUR CHOICE OF THESE FINE $20 AND $3 SUITS AT $10. J. L. BRANDEIS SONS. N Props. Boston Store, Uraad Picnic. The Brotherhood of Raiiway Trainmen will give Its first annual picnic at Piatt mouth, Sunday, July Id. Prises to be given for the event may be seen In the windows of the Nebraska Clothing company. Trains leave Webster Street depot, via Missouri PaciAc, HHm. Tickets mafr be procured from the committee at the depot. Round trip, $1; children under IX 60 eenta Harry ii. Davis, undertaker. Tot 123V DAY WOULD NOLLE THE CASE District Court Judge Incllneito Blabangh's Motion to UnmiH. CONSENTS TO FURTHER CONSIDERATION County Attorney Sae Mehoney Has o Grounds to Warrant toa lo tion of Edward Rosewater for Criminal Libel. Argument was heard by Judge Day Thursday morning on tho motion of County Attorney Slanaugh tc dismiss the case of State against Edward Rosewater on com plaint of T. J. Mahoney for alleged crim inal libel. The court said if It was neces sary to decide tne question ai once ne would sustain the motion of the county at torney, but, since opposition was offered, he would take the matter under advisement for a time In order to give opportunity for the presentation of authorities by W. F. Ourley, attorney for the prosecuting wit ness. The court also said that as a matter of ordinary procedure he would not have hes itated to act on the recommendation of the county attorney that the case be nolled. Under the circumstances, however, he had thought best to allow the complaining wit ness to have a chance to be heard in the matter. Mr. Ourley filed a formal rrotest against the dismissal and tendered, on behalf of Mr. Mahoney, the services of special coun sel (himself) without expense to the county. He then went on to say that the article complained of was considered by Mr. Ma honey as having charged him with appro priation of funds to which he had no right. He quoted several decisions to sustain the demand for the appointment of a special prosecutor. Judge Day could not reconcile the au thorities quoted by Mr. Ourley with the provisions of the Nebraska statute. After a second explanation by Mr. Gurley the court said: Ko Legal Disability. "I am sorry that I have not yet got the light I have been looking for. The county attorney In this case does not ask for fpe clal counsel, has said In open court he does not want any assistance. Our statute contemplates the appointment of such counsel In case of absence, sickness or dis ability. I have always taken the term disability as used In our statute to mean a legal disability In a case which the court thought ought to be proscuted. In this case the county attorney Is hero present, Is not sick, and usually has tho right to decide from his own Information whether or not he will prosecute a case. I will give this matter some further consider ation and In the meantime counsel may present any authorities he considers In point." Mr. Gurley said he did not want the Im pression to go out over the state that Mr. Mahoney's complaint was a bluff. He Insisted It was not a bluff. County Attorney Slabaugh said to the court: "I am entirely without feeling In this matter, one way or the other. What lias been done In this case Is done every day and is the customary thing when in the Judgment of the county attorney there Is nothing In the complaint or evidence to warrant the hope of conviction. Ko Hope of a Verdict.. "I have asked the court to dismiss this because In my Judgment I do not believe a case is charged, and because I do not be lieve that under the law and the evidence the state can convict tho defendant: and so believing, I do not feel Justified In put ting this county to an Unjustifiable expense In attempting to do what I "believe cannot be done, and In using ; tho .'state ,0 No braska for an unauthorized purpose.' "I have stated my reasons to the court for the dismissal of the case. I have done my whole duty In the case and more, than my duty., I shall treat this case as I would any other case. I am the only person, I believe, who, as deputy county attorney, or as county attorney, has ever prosecuted editors of our Omaha daily papers. I aid It fearlessly and as a duty and I believe they so recognised it. And I mention this here because of some unjust charges that have been made against me recently. When deputy county attorney years ago I prose cuted the editor of the World-Herald for advertising a lottery, and after the state's evidence was In Ihe Jury was Instructed to find for the defendant on the ground that the law was unconstitutional. "I about the same time prosecuted the editor of The Bee for libel on Sheriff Ben nett, and In the dispute as to what Jude should try the case, It was by the court dismissed. I also prosecuted another editor for libel and secured a conviction and the supreme court reversed the case. Difficult to Convict. "Even in a strong case the extreme pen alty of Imprisonment In the penitentiary one to three years if found guilty In cases of libel by publication In a newspaper makes It quite difficult to secure a convic tion. "My deputy, Mr. Shotwell, and I recently prosecuted the defendant for libel on R. B. Howell. It was a stronger case In my opinion than this we carefully and vig orously prosecuted the case, as the record will show, and as the court and Jury and all who witnessed the case know, and the Jury of fair and unbiased men, found lor the defendant. "I am not afraid to do my duty by prose cuting or refusing to prosecute, and I be lieve this procedure today Is unjustified, contrary to law and publlo policy. I can not understand the motive behind It. I have announced my request to the court and It Is for the court to do as It thinks best. If the court says that I shall prose cute thl case I shall do so, and If the court thinks that special counsel should assist, I have no objection. As I am county attorney and am responsible to the state for my conduct. I shall have charge of the case on the part of the state. Surprised at Procedure. "I am surprised at this procedure, and appear simply on request of the court. As the representative of the state I shall enter Into no controversy with any Individual aa to my duties in this case. Under the law of this state the prosecuting attorney has complete control ot a criminal case so far as the state is concerned. His duty Is to prosecute for crime If In his Judgment the taw and the evidence warrant, and It Is equally his duty to not prosecute if in his Judgment the law and the evidence do not warrant it. "Ex-Chief Justice Maxwell, In his crimi nal procedure, lays down a rule as to his duties that In spirit should control bis con duct as the representative of the state and Its people In the prosecution of one of Its cltlsens. He says: " 'The utmost care should be taken by him (the county attorneys to see that the charge Is well founded before any prose cution Is Instituted. It Is to be feared that, partlcuarly In states whrt the grand Jury system still prevails, from want of opportunity no doubt, this matter Is over looked. No greater wrong can be done an innocent person than to accuse him of an offense ot which he Is not guilty.' "And whoever represents the state, be he county attorney or special attorney. should. I believe, be guided by this rule of conduct. This case was brought in No vember, 1904, without consulting my prede cessor, Mr. English, I am Informed. The article alleged to be libelous was pub lished in July, lWi. "The title of the case is The Slat of H crade Silk Suits at the end olfered the strongest reductions in thoroughly dependable i r . j i i i. a. .1 t. a : I', vr vnnr iron a lorriine 10 Suits that sold for Sfl8. 75, Prices Cut on Boys' Wash Suits. Todav they cro at terrific nnlri nil rtwusnn nn to MOO tadv for 50c Sailor Browns, Russian Blouse $3.00; tody for. Boys' Knee Pants Reduced. nearly 1,000 Boys' Knee Pants that told all season up to $1; Nebraska against Kdward- Rosewater. It Is not the duty of tho county attorney, and never was and never will bo, to ask a complaining witness as to what disposition he shall make of a case, nor shall the wit ness dictate what shull be done. On such witness rests no responsibility to the state, and I shall not today, for the first time In the history of this county, or state so far as I know, aid In establishing a prece dent of permitting a complaining witness to come Into court and dictate what the county attorney shull do. If he can do that, so can any witness or any person." A Mlraenlona Escape from blodlng to death had A. Plnske, Nashotah, Wis., who healed his wound with Bucklen's Arnica Salve. 26c. For sale by Sherman & McConnell Drug Co. "Three Wfcys to Uo to New York" gives an Idea of what can be accomplished by a great railroad and two steamboat lines. Here is a variety whoso every prospect pleases.' A copy will be sent free, post paid, to any address, on receipt of a 2-cent stamp, by George H. Paniels, General l'assenger Agent, New York Central & Hudson River Railroad, Grand Central Sta tion, New York. Jr Merchant Tailor. Charles W. Wedell. 23 years with William Smith Co. and 5 years with Frank J. Karaite, recognized as one of the leading cutters of the west, will open a first class tailor shop In the Orpheum Theater bldg., cor. 15th and Harney, about August 10, with a new and up-to-date line of woolens. Card of Thanks. We desire to thank the pallbearers, our friends In the Rohton store, also other friends and neighbors for their kindness and sympathy shown during the sickness and death of our beloved son and brother. MR. AND MRS. FRANK KAMMEREB AND CHILDREN. . Notleel Wabash Railroad company has reduced one way rates from Omaha and Chicago to many eastern points. For all Information call at Wabash city office, 1W1 Farnam street or address Harry K. Moores, G. A. P. D. Wabash R. R., Omaha, Neb. tJ-K wedding rings. Edholm. Jeweler. A friend of the home A fo of the Trust Oaluniot lofiing Powder Compiles with the ur Food Laws of all States. Use the Best FULLY GUARANTEED For any use where good coal Is desired. NUT $6.00 LUMP $6.25 All Qrade of Hard end Soft Coal. KEYSTONE COAL AND SUPPLY CO., J. A. Johnson. Pres. O. F. Brucker, Treaa. J. V. slyer. Secy. 1319 Farnam St 'Phono 1307 . .. ... . 3 SCHOOLS AD COLLKGKI. U WENTW0RTH MILITARY ACADEMY OidaM so Unrest la Middls WaaL f I ULliAfeXVM, Sit. cfp This Morning at 9 A. M. We Cut the Prices on Women's Silk Shirt Waist Suits Women's Silk Suits that Bold all season for $18.75, $22.50 nnd $24.75 all go at one uniform price today When we cut We never had of the season to dispose of. read auout at mo uiuub tciiiuu $22.50 and $24.75 today reductions your choice of all sizes in the combined lots LEAVING TOWN? You will want your favor ite newspaper, The Omaha Bee, to go along with you It is better than a daily letter from home. Before leaving give your order to have The Bee mailed to your out-of-town address. The address may be changed as often as you wish. Telephone 897 or fill out and mail us the blank below. CinCULATION DEP'T. OMA.II A. BEE. Ploaso havo Tho Daily and Sunday Hoo now going to (Present address) sont until , 1005, or until further orders to addrosa below (Out-of. town address) Firsfl National IBank UNITED STATES DEPOSITORY Omaha, Nebraska Capital 500,000.00 Surplus and Undivided Profits. .f329.357.G5 Deposits 10,800,473.39 Herman Kountxe, President John A. Crelgtiton, Vice Presided F. II. Paris, Cashier. 0. T. Kmintxe, At-Cahler. U L. Kountre, Asst. -Cashier. Special faollltlea and liberal term offered for mercantile aud banking account.. Tour business solicited. j i Three per cent on Time Deposit. SCHOOLS Westerly Military Academy Vp0iloa' 1 v v J L prices we cut them deeply such a fine assortment of high As a consequence you are Silk Suits it was ... a V!ll- cue pwtco. wnn. We have cut the prices on all our Boys' Wash Suits. y B IV&8U OU11S. t a 1 Wash Suits that Blouse. Buster worth up t rZJ 5 C today, choice , jc: AMU COLLKOKS. $10 nth yrar. Ktw flrt-proof building. Modern equipment. li'-lUhtf ul Ilk at km. Numlo-r limited. Strong (acuity. TrorougU mill, tary and academic department. Local reference. Col. Albert SL. Jackaea, A.M., rv.slataat I
