TUT OMAHA DAILY BEE: MONDAY, OCTOBER 23, 1003.
AFFAIRS AT SOUTH OMAHA
Beoki Ghw Etideiceof IoetmptUnt Work
of Some Begiitms.
S0ML RECORDS NOT EVEN RETURNED
City Clerk GUIIa Sageets Wlsdosa
Regslsieslagj as Preoaatlea Against
flat Beta Properly Reearde
first Tine.
An Inspection of the registration books
hows that tha registrars art a long ways
from being competent. Thin, of course,
does not apply to the entire board, but at
least to half of tha precincts. In many
cases the names of voters are so poorly
written that It Is almost Impossible to de
cipher them. Neglect Is shown In tha
matter of pontine the books alphabetically
and also In the registrars hot signing the
books as should be done. Borne of the reg
istration books used at the registration
of September It have not been returned to
the city clerk and this Is also true of tha
registration of October It. tn order to
complete the copies of the registration.
City Clerk Olllin will have to get out to
day, and bring In the books that have not
been turned In. The fact that the books
hare not been posted makes tha work of
co Dying the Hats all the harder at this
time.
City Clerk Oillln makes a suggestion that
for all voters who do not register on Oo
tober 19, but are depending on tha regis
tration of September 1, to go and register
again In order to be sure that tbelr names
are properly enrolled. The primary regis
tration books are so 'badly mixed and tha
names In many so poorly written that tha
clerk thinks it far better for voters to take
the pains to register again than to run the
chances of having any trouble on election
day.
'If voters will only take an Interest In
this matter and see that they are properly
registered." said Clerk Olllln, "there will
be but little trouble and confusion on elec
tion day."
Those City Hall Bonds.
An effort Is still being niado In official
circles to dispose of the J7O.0OO bonds voted
for city hall purposes. The bonds were
sold when first offered to W. J. Hayes A
Sons of Cleveland, but on account of liti
gation this firm declined to have anything
to do with the Issue until the case Is
finally disposed of In the supreme court.
Tha fsct that an appeal to the supreme
court has been taken does not In the least
deter some of the city officials from hunt
ing around for a purchaser. So far no
bond buyer has been found who is willing
to run the risk of the supreme court de
claring the issue void. If for no other
reason this Issue of bonds can be thrown
out, for the election was not legal. In
voting on these bonds the vote cast In
tha First precinct of the Fifth ward could
be thrown out on account of the election
booth in this district being located west
of the ITnlon Faclflo tracks Instead of
east of the tracks, as provided in an or
dinance passed prior to the election. It
does not look very encouraging for those
who are endeavoring to sell these bonds,
surrounded as they are with all kinds of
Irgal complications'.
Jlo Council Meeting Tontffht.
For the first time In a number of months
there Is nothing of Importance before tho
city council, and there will be no meeting
tonight. Matters are running? ulong
smoothly and thfre Is not a single ordi
nance on first, second or third reading to
be brought hp at this time. A weok from
tonight there will be a sale of $70,'XX gen
eral Indebtedness refunding bonds. A large
number of eastern bond buyers are making
inquiries regarding this Issue and the pros
pects for soma spirited bidding Is good.
This Issue of bonds Is to be refunded in
order to reduce the Interest, tho bonds are
PITTSBURGH
3BsnHi-W' ' ' a,
FORT
PITT
HOTEL
tA new, strictly modern, abso
lutely fireproof hotel, within
two blocks of the Union
Station and five minutes of the
center of the wholesale or re
tail business and theatrical
district.
Spacious and beautiful lobby
and public rooms.
CJ Furnish me-nt and decorations
elegant and iu good taste.
tHot and cold running water
in all sleeping rooms.
jTelephone in all rooms.
tSa rooms at $i.oo per day.
fjOvrr 300 rooms from $1.50
to $5oo per day.
4i rooms with bath at $2.00
per day.
fJQther rooms with bath $2. 50
t $5-oo per day.
Restaurant, Palm Room
Private Dining Rooms
Men's Cafe
CJGood foods, carefully prepar
ed and served, at moderate
prices.
Perm Ave, and loth St.
Pittsburgh. Pa.
C A. BLANCH A RD, Maaager
OMAHA MEN AND
DR. A. B. SOMERS-Taking
now bearing per cent, but will be refunded
for 4V per cent
Driving Over atdewalUs. ' ,
Within tha last few weeks quite a num
ber of teamsters have been arrested for
violating city ordinances by driving over
brick or cement sidewalks. An ordinance
prohibiting driving 'over permanent walks
was passed some time ago In order to pro
teot property owners who had gone to the
expense of having good substantial walks
laid. In nearly every Instance those ar
rested for driving over walks have been
fined by Police Judge King. Two or three
cases of this kind are now periling In
police court and will come up for trial
this week.
Registration Klaoren.
In the copying of the registration books
for the registration of Spptembpr 19 and
October 19, the city clerk has found that
very close to 2.000 voters registered. Of
the total number registered In the two
days the republicans make a big showing
as compared with the democrats. Fully
40 percent of the J.000 registered give their
party affiliation as republican. Politicians
state that this Indicates that the republi
cans are steadily gaining ground In South
Omaha and that the day of democratic ma
jorities Is past.
Labor Still Scarce.
The demand for labor continues and even
with an advance in tho wage paid It Is
difficult to get men to work. Tho Nebraska
Telephone company Is making an effort to
get its conduits laid before cold weather
comes, and finds It hard to secure laborers.
This company has been advertising for
fifty men for several days, but only a few
havs been Secured. At the packing houses
there is still a demand for good
workers. - There is so much railroad con
struction work going oh now that a large
number of laborers who formerly resided
In South Omaha have gone out ?o work
on the railroads as the pay is good and
the work not so very hard. Artisans are
also scarce. There Is a demand for car
penters and bricklayers and the supply Is
not anywhere equal to the demand.
Made City (ioailp.
William Kiddoo and wife of I,a Platte.
Mo., are visiting their son, H. O. Kiddoo.
Mrs. A. B. Young of Joliet, III., Is nere
Isillng her daughter, Mrs. ueoige n.
Brewer.
a .,.nni nnitev for 13 000 has been taken
Out on the voting machines, making a total
Insurance of W.O00 on the eight machines.
Claude Scott, 10 years of age. ran away
from his home, Thlrty-nrst ana Marti son
treets Saturday and trie j-ouce are loosing-
for him.
The funeral, of Frank Landon. Twenty-
sixth and O streets, will .be Held at Z
clock this atternoon, interment at tn.
Mary's cemetery.
William Reed, oolored, was burled at
Laurel Hill oemetery Sunday afternoon.
Funeml services were held at the African
Methodist Episcopal church.
The case of assault against Miss Esther
Johnson, one of the teachers at the West
Bide school, has been continued l"r two
weeks. This teacher Is charged witn
severely whipping Bessie' McMahon, 10
ears 01 age.
STRUCK ON HEAD WITH BRICK
Fraak Uelser Meets with Accident as
He la Leavlns? the Kraft
Theater. As Frank Gelser was leaving the gallery
entrance of the Krug theater last night he
was hit on tha head by a brick. The br(cn
fell from the eaves of the building and
landed with great force on the right side
of his head. The fact that he wore a stiff
hat probably saved him from a much more
erioua Injury. As It was, the brick cut an
ugly, ragged gash In his head, just back
and abovs the temple. Ha was taken to
the police station, where the surgeons
dressed his wound. It required six stitches
to close the cut in his scalp. 1
Detectives were on the ground at the time
and took the case In hand at once. At tho
left of the gallery door at the top of the
stairs there Is a door leading out on the
roof of the saloon adjoining, and along the
roof of the theater proper there la a water
spout, a kind of trough or chute, which has
rather steep pitch to the eaves overlook
ing tha street. The detectives think that
soma careless or malicious boy or man
slipped out through this door and put a
brjck In that chute and let It slide. That Is
the only reasonable theory. There was no
sign ef loose brick on the wall nor mark
of any lying where it could fall off.
Oelser was able to go borne after his
wound was eared for at the police station.
II lives at Sixteenth and California streets.
Dispossessed.
A tenant whicb la quickly dispossessed
by Dr. King's New Discovery la a cough or
cold. 60 cents and SI For sals by Bher-
MeConotll Drug Co.
Anmoaacemeats ( tha Theater.
On Wednesday evening Uay Irwin will
maks her second bow of the season at the
Boyd. When she was her In August tha
weather was anything but propitious, and
Miss Irwin Is really anxious to show Omaha
people how good sh can be If she only gets
a chance. So shs Is coming back to play
"Mrs. Black is Back," and If she Is greeted
by as fine an audlance as beard her last
fall U opening night will surely be a
well one. "Mrs. Black la Back" Is the
noodescrlptlva title of as funny a bunch of
fun as was ever put together for the us
of a clever actress, and Mlsa Irwin sad her
company knov. ho to get all lbs fuo In
Its lines and situations before the audience.
The engagement Includes special matinee
oa Thursday tad closes on Thursday night.
THEIR HOBBIES
!Em to the Orphanage Fair.
QUEEN WOULD HELP FINLAND
Uonagrr Empress of Rnasla Tried to
Save Privileges of Grand
nacbr,
COPENHAGEN. Oct. 22.-(8pecial Cable
gram to The Bee.) The Dannebrog pub
lishes a long and sensational article signed
"A Finn Who Fought and Suffered for tha
Rights of His Country," warmly praising
the Empress Alexandra for her efforts on
behalf of the freedom of Finland, and giv
ing a long account of the Intrigues whlco
her majesty encountered In the course of
her labors for the sake of the grand duchy.
Tho writer declares that It is a great mis
take to believe that last year's policy was
carried out with the consent of Empress
Alexandra. She was always against the
policy of M. de Plehve and General Iiob
rikoff. Since January, 1901, the empress
"has not left any means untried nor spared
herself any hardship" to rescue a country
so near to her heart. T,he writer says thut
he had opportunities of witnessing events
at close quarters and for the sake of his
tory will tell only the truth. When tho
Empress Alexandra saw that General Bob
rlkoff brutalized Finland and compromised
Russian Internal policy, she did all in her
power to secure the appointment of the lib.
eral Prince Svlatopolk-Mlrsky as governor
general. He wus willing to accept the post.
When General Bobrlkoff, however, became
aware of this he succeeded In persuading
the Imperial senate of Finland, through the
secretary of state, M. G. Under, to declare
In spite of the unanimous feeling In the
Landdag and the country that General Bob
rlkoff proved victorious. He and M. de
Plehve, with the greatest audacity, .assured
the csar that the Finns greeted the new
law with the deepest thankfulness. '. The
truth was that never was any law hated
like this one. which, furthermore, was a
violation of the constitution of Finland.
The young Finns therefore In great num
bers refused to place their names upon the
army lists and did not meet at the enroll
ment stations. Largely signed addresses
and petitions mere sent to St. Petersburg.
The Empress Alexandra was filled with
Indignation and tried to get the new con
scription law abolished. She requested a
Finn who occupied a very high position to
seek an audience of her son, the csar, and
tell him the whole truth. After this there
seemed for a short time good chance of a
favorable solution. M. de Plehve and Uen-
eral Bobrlkoff, however, again sent a so-
called deputation from, the Finnish govern
ment to the csar. assuring him that in re
ality a very small clique was against the
conscription law. For more than a year the
Empress Alexandra, by means of her per
sonal Influence, succeeded In preventing
General Bobrlkoff from receiving his power
as a dictator, and after they had been pub.
lished she did all In her power to neutral
ize the worst abuses.
In Jeadlng circles here the statements of
the writer in the DannebVqg have long b;en
known to be true, and It was often regret
ted that general opinion identified the views
of the Empress Alexandra with those of the
strictest reactionaries. It being declared
that she was the only one of King Chris
tian's children who had not attained real
popularity in the country In which she lived.
Neverthless, suprise Is felt that the Danne
brog, the proprietor of wblch Is M. Albertl,
the minister of Justice and perhaps the
most Influential member of the cabinet,
should publish, such an article at the pres
ent time.
MEXICO IS SHORT ON WHEAT
Daty on American Grain Is Likely
to Be Removed as a
Result.
MEXICO CITY, Oct. 22,-Tne shortness
of the wheat crop Is greater than was es
timated a few weeks ago, and millers are
looking for the entire removal of the duty
on American and Canadian wheat by the
first of next year. The city bakers have
reduced the size of their loaves, asserting
that It Is .impossible to give tha same
weight as formerly. There are some
storks of wheat In the hands of large
farmers here, hut not sufficient to bring
down the price, which Is steadily rising.
The price of corn Is also rising, th ad
vance being over 50 per cent as compared
with the prices of August. This causes
hardship among the poor. There Is a pos
sibility of the duty on corn being abated.
Cooners Gel More Wages.
INDIANAPOLIS, Oct. 22.-A Joint con
ference between employing coopers of sev
eral states and representatives of the
Coopers' International union closed today.
As a result of the deliberations the em
ployers granted a slight Increase In wages
and fixed a working agreement.
BANQUET HALL
ftoft.
silky, satisfying
' smoke, without that'
tan ij taste. Im
ported brands good
cost twice gi much, j
Ask you tobac
conist
CIGARS
TOGO REPORTS TO EMPEROR
Jspsnste Admiral Oivtn Great Oration in
Nation i Capital
PpPULACE TURNS CUT TO GREET HIM
Emperor Receives Ills Formal Report
and t'omsseads Him la Hlaaest
Terms for His Areomp
I lab meats.
TOKIO, Oct. 22. Today was made memor
able In the annals of Japan by the publlo
entry of Admiral Togo, who came to re
port to the emperor the return of his fleet
from the war. The distinguished naval
officer arrived at the Shlmbashl station at
10:30 a. m. He was met by ministers of
state, generals, admirals, members of the
diplomatic corps and hundreds of officials
and private cltlsens who extcneded him a
warm welcome to the capital. He was
accompanied by his Staff and Admirals
Kaataokaa, Kamlmura and Dewa, to
gether with their respective staffs. The
party entered five Imperial carriages placed
at their disposal and led by his majesty's
aide. Admiral Inouye, drove to the palace,
reaching there at 11 o'clock, when they
were received In audience by the emperor.
Admiral Togo's carriage, escorted by a
bodyguard of troopers, passed under a
triumphal arch In front of the railway
station. The streets were lined with an ad
miring crowd who shouted banzals as the
party passed along. The ring of the en
thusiastic cheers mingled with ,the noise
of the bands was audible for a great dis
tance. General Sakuma detailed three battalions
of honor. The battalions were composed
of men from the Toklo garrison and were
under command of Mnjor General Togo.
Four guns located at Hiblya park fired
salutes. i
The day was a beautiful one and all
Toklo was out. Irrespective of age, to wel
come the victor of the battle of the sea of
Japan.
Admiral Togo, after his audience with the
emperor, returned to his ship. In receiving
Admiral Togo's report the emperor warmly
praised the service rendered by him, his
officers and men.
NEW BARITONE DISCOVERED
Mosaic Worker of lyondon Without
Training; Will Be Introduced
to Public.
LONDON, Oct. 22 -(Special Cablegram to
The Bee.) Tho story of the manner In
which Mr. Oscar Hammerstein, the Now
York manager, succeeded in finding a
singer with a wonderful voice at Coney
island during the season lust summer has
reached London, and ever since the English
managers have been on the lookout for
persons of similar promise. Mr. Albert
Gilmer, the manager of the Oxford music
hall, has In this way discovered what he
believes to be a new Italian baritone of
great promise. The new baritone intro
duced himself In a curious way. At the
present time the entrance to the" Oxford
is being relald with mosaic work, a number
of Italians being employed on tho Job.
During their dinner hour two of the men
waited upon Mr. Gilmer. , One of them who
could speak English Introduced his mate,
G. D'Amato, who, he urged, was a singer
of beautiful songs, and suggested that Mr.
Gilmer should submit , to being serenaded
by the ambitious mosaic worker.
"I took him on the stage."- said Mr. Oil
mer In explaining the matter, "and he sat
down at the piano and, fairly astonUhed
me with a beautiful light baritone voice. I
was all the more surprised ns the man's
work Is almost thut pi f , navvy. When I
saw the condition of lus hands I thought
It was absolutely impossible for a man of
this kind to sit down at a piano and so
ably accompany himself. 'l certainly mean
to give the man a chance to show what he
can do."
D'Amato sang an Italian air and selec
tions from "Pagltaccl." He keeps right on
laying musalc and Is particularly modest
with reference to his vocal powers. It was
.mainly due to the persuasion of his mates
that he brought himself to the notice of
Mr. Gilmer.
"I have had no training whatever," said
D'Amato, "and I have never sung in public
except at small smoking concerts among
my fellow workmen."
COOLIES CAUSING TROUBLE
Boers Receive Rifles (o Protect Them,
selves from Chinese Mho
Leave Mines.
JOHANNESBURG. Oct. 22. (Special
Cablegram to The Bee.) A gang of thirty
Chinese at the Vanliyn mine, where there
have already been five disturbances, struck
work and attacked the whiles underground.
A white man pulled the signal cord and the
police galloping up descended the shaft and
saved tho whites. The ringleaders were
arrested. But this phase of attacks under
ground renders the situation very disquiet
ing. A large opium trade has sprung up on tha
Reef. The government has Introduced a
bill putting drastic restrictions on the Illicit
importation of opium, the penalty being
K.5U0.
The farmers In Kutal are complaining of
Chinese stragglers. Over 1.000 rifles have
been Issued to the Boer farmers In the
Transvaal to afford a means of protection
against the wandering Chinese.
ROSEBERY FEARS REPORTER'S
Liberal Leader Would Like to Visit
Inlted States But for Inter,
viewers.
LONDON. Oct. 22 -(Speclal Cablegram to
The Bee.), It Is saldVhat Lord Rosebery Is
very anxious to visit the United States, but
he Is afraid of the Interviewers.
This report does not appear as absurd to
those who know Lord Rosebery as to those
who do not know him at all. He Is on of
the most sensitive of Statesmen, and his
attitude toward the press has always been
very guarded and conservative. One news
paper has even gone so far as to assert
that If he could have his own way there
would be only one kind of a newspaper
pumisnea ana mai one would contain noth
ing but what was agreeable to Lord Rose
bery. M. Wttte, coming from reactionary Bub
sla. says that he got on pretty well with
the American Interviewer, but M. Wltte Is
a progressive democrat when compared with
Rosebery.
Brings Relies of Paal Jones.
PARIS. Oct. 22.-C. A. Hcrreschoff Bart
lett of New York, is a passenger on the
French Una steamer La Lorraine which
sailed from Havre yesterday. He Is con
veying to the United States a number of
relics of Admiral John Paul Jones, Includ.ng
the admiral s sword ana p'.sto., a lock of
his hair, a miniature of him and his com
mission In the United States navy, bearing
his signature.
The Bee Want Ads are the Best Business
Boosters.
Miners Hetnrn to Work.
HAZELTON, Oct. 21 The miners of G.
H Msrkle It t o., who struck last week.
decided today to return to work tomorrow
morning. The driver boy who was the
cause of the trouble, must remain idle
until the question of his wages Is decided
by the cumulation board, which the men
snd the company have agreed shall settle
ths Issue.
PMPTP'
i
i
i
!
Another Article by
r.Tr. ROOSEVELT
A VcIf Hunt in Oklahoma
Fully Illustrated from Photographs by Alex
ander Lambjrt, M.D., and V. Sloan Simpson.
The beginning of
Tho Tides of Darncgat
The new serial by F. HOPKINSON SMITH
Illustrated by George Wright.
The best story he has ever written.
i.
Letters, and Diaries of .
Ge.rge Bancroft
Stirring descriptions of the French Revolution
of 1848 and pen pictures of many of the great
men of the time.
Thi End of The House of Llirlh
By EDITH WHARTON
Price fS.OO a yar.
CHARLES SCRIBNER'S SONS -
SUPREME COURT SYLLABI
1?661 Turley against State. Error, Hall.
Afllrmed. Pedswlck. J.
1. The objection that a Juror Is disqual
ified because of having been convicted of
a felony may be waived. A party who does
not Inquire In regnrd to the matter on the
voir dire examination of the Juror, nor
object to the Juror on that ground until
after the trial, will be held to have waived
the objection.
2. Upon trial of an Information for mur
der and a plea of self-defense. It Is compe
tent to show thnt the deceased was at the
time In the lawful and peaceable possession
of the premises where the homicide oc
curred; and for that purpose It Is not
error to allow, under proper Instructions
from the court, the Introduction In evidence
of a written leaso conveying to the de
ceased the right of possession.
3. Matters of common observation and
matters upon which Jurymen are as capable
of formlnp an opinion as are physicians and
sunreons are not matters for expert medical
testimony. But it Is not nfcfssarlly re
versible error to allow a witness to testify
to a truism with which all Intelligent men
are presumed to be acquainted, nor Is It
In all cases reversible error to allow a wit
ness over objection to temify to a propo
sition of law or a fact of science or nature
which is a matter of common knowledge
4. It Is not error to Instri'rt the Jury In e
trial for murder that:- "When romnetent
evidence has been Introduced tending to
prove that the defendant acted In self-defense
It is incumbent upon the state to
prove to you beyond a reasonable doubt
that he did not so act."
B. One Who in violently assaulted may use
such means for self-protection from the as
sault as would nppear to an ordinarily rea
sonable and prudent man slmilarlv sltuitd
to be necessary under the circumstances
An Instruction which tells the Jur" that If
under such circumstances he uses "sound
reason" In determining what Is nerRnrv
for Self-proteotlon It Is all that Is reoulrofl
of him Is Inaccurate, but Is not erroneoux,
requiring a reversal of the ludemcnt. if It Is
coupled with another Instruction which tells
the iury that there munt be an acquittal If
unner sucn circumstances the defendant
liKd ren nnn hie crrntmri in H.!i-. n ,i aia
believe thst there was n riesdrn in tuko hi.
life or to do him grave bodllv harm
. In a trial for murder with evidence of
self-defense, when It appears that the ao
flused was n trespasser or was otherwise
vlclatlns- the law at the time of the homi
cide, end ffcere Is evidence tending to show
that the Killing was done in lustlnaWe self
protection from a vicious and dangerous
assault by the deceased, it Is error to In
struct the Jury that "when a man without
fault. In the lawful pursuit of his duties. Is
attacked" he may defend himself against
such attack. A tresnasser mav defend
hbnself against an unlawful and dangerous
asaault. But the whole charge upon this
suhject must be construed together, and If
In nn Instruction the Jurv, without such
nuallfleatlon. U plainly told that "where
from the nature of the attack there Is rea
sonable ground to believe that there Is n
design to take Ms life or to do him great
bodily harm, and the nartv attacked does
so believe, then the shooting of the ssstll
s.nt under such circumstances will be ex
cusable or Justifiable," It Is not reverslhln
error to tell the Jury In another Instruction
that the defendant wl'l und'r such clrcu'n
st"nces slso be tustlflihle If he Is himself
without fault, and In the lawful pursuit of
his duties.
7. Although It snpeirs that the deceased
was at the time of the homicide rulltv of a
technical sssault upon the accused. It would
not be luwft'l to use more force than neces
sary for self-protection from that assault.
And If Uie Jury should find that the accused
whs a trespasser at the time It would be
bis duty to retire from Us assailant If by
so doing he couM avoid all danger from the
assault. To kill th asallant undr such
circumstances would not be Justifiable. A
renoevt to Instruct hnf "the law does not
requ're 'he d'en'ant to dee from his assail
ant" was properly refused as-misleading.
It Is not error to "fuse a new trial on
the ground of newlv discovered evidence If
the proposed evidence might with reason
able dllle-ence hsve been produced upon the
trial or Is cumulative.
13"M. PMff ae-BlrM Oarvev. Error from
Cedar. Affirmed. Itton, C. Dlvlalon No. 1.
One who consents to the uncovering of
a rortlon of the roof unon a building be
longing to him to allow one of Its walls,
which Is a parv wall to be built hlttlu-r
cannot recover from hl co-owner for dam
aves from leakage unless he proves that
the iniury result"d from the neetence of
the defendant. I'rlatt against Ruhe. Ap
peal from Douglas. Motion for rehearing
overr,)e(j ppr curiam.
ISSft. First State bnk of Overton against
Btenhens Bros. Error from Dawson.
Af'med. Jackson, C. Division No. 2.
Where a party gives a reason for his
decision and conduct touching anything
Involved In a controversy, he Is estonned
after lltleatlon haa begun from changing
his ground "! putting Kh conduct on an
other and different onelderatlon.
13S74. Chicago. P,ur'inton Oulney Rail-
way company agamst s'itcn-n. r.rror
froni Richardson. Affirmed. Oldham, C.
Division No. 1.
1. Petition examined and held to definitely
st'te a eood cause of action. ,
1. Fvldenee examined and hld sufficient
to snnr-ort the indement of the trial court.
8. where an Intury to the crons and 'ands
of one Is caused by the negligent construc
tion of a rellwsv embankment which ar
rested and held unon said lands the flood
waters f a natural stream, such pa'tv's
cause of action accrues at the date of the
Inlurv and not at the date of the negligent
construction of the Improvement. Chicago.
Burlington & Oulncv R"H"-v cmHinv
avalnst Oliver Em-cert. 53 Neb., 237, fol
lowtd and snproved.
4. Instructions examined and annroved.
B. Action of the trial court In admission
of evidence examined and held, not prejudi
cial 177. Arnout against Chadwlck. Anneal,
Douglas. Peversed and remanded. Jack
son. C. Albert, C, not sitting. Division
No. 1.
1. To Justify a trial court In setting
aalria a decree rendered at a former term
on the ground of fraud It is not necessary
that actual fraud should be found. It Is
sufficient If farts and clrcumutsnces are
proven from which constructive fraud can
bo Inferred If bv reason of such facts and
circumstances the nartv seeking to avoid
the decree was Induced to make no an
pearanre In the cause in which the decree
was rendered.
I. Evidence examined and held sufficient
to Justify the district court in vacating a
former decree of that court.
1W. Haker againxt McDonald. Error,
Dodge. ReverBed and remanded. Duftle,
C. Division No. t
1. The general rule Is that when the
terms of sale of personal property have
been agreed on and the bargain Is struck,
and everything the seller lias to do with the
nn n T n
v wms.
For NOVEMBER
In the District By nzlsox llotd
Describing the work of the district political
boss and his part In winning elections.
Illustrated by E. B. Child.
An Impressionist's Hew York
By H. G. DWiSHT (
With remarkable illustrations by Walter Jack
Duncan. Reproduced in colors.
The Hope for Labor Ihions
By J. LAURENCE LAUGHLIN
A timely discussion of present conditions and
suggestions toward a settlement of all labor
troubles.
Short Stories
By Eleanor Stuart, George S. Chappell, Elsie
Slngmaster.
Illustrations by F. C. Yohn, George Wright, E. B.
Child, John Sloan, A. B. Wenzell, May Wilson
Preston.
tl7 IS TIME TO SUBSCRIBE
rwra
-
(roods Is complete, the contract of sale which there Is an Insurance of $14,000. Two
becomes absolute as between the parties burns were also destroyed. In one of which
without actual payment or delivery, and was a hurse and vehicles belonRlntc to a
the property and the risk of accident to the local maker. There Is unmistakable evl
goods vest In the buyer. I dence of Incendiarism. Rfl'orts of sun-
2. Where the time of pavmcnt Is not , posed housebreaking resulted In the call
fixed bv the contract of saW!the law pre- InK out of the mlhtla. No arrests have
sumes a cash sale, and. while title may been made,
have passed to the buyer, he Is not en- I
titled to possession until the full purchuse ! 1 nlverslljr lrofesor Kills Self.
price has been paid or teVidered. HAI.TIMORB, Oct. 22. Prof. Sylvester
S. Where the amount to be paid Is to I mi . DwlKht Judd. sued 35 years, formerly an
determined by measurement of the prop- assistant prufes.sor of biology at 3eorfce
ertv to be made bv the parties a measure- . town university, was found early this
meht which Is grossly unfair, as the re- mornlnn hanging by a rope from o rafter
suit of fraud or mistake, Is not binding, I In the (turret of his homo on the old Fred-
nnrl n. tender haaed thereon docs not entitle
the nurchaser to possession
4. Where the property has been set apart
and Identified and title vested In the pur
chaser who has paid part of the purchase
price, but because of fraud or mistake In
the measurement his tender of the balance
due Is not sufficient In amount, the seller
may recover possession of the property
from the purchaser by an action "In re
plevin on the ground of special ownership
and right of possession, but he cannot
maintain such action under the claim of
absolute ownership without rescinding the
contract of sale and tendering back the
Amount nilri
1HH10. t Ity or Lexington against r lenariy.
Error from liawson. Affirmed. Jackson,
C. Division No. 2.
1. A declaration to be a part of the res
gestae need not neresnarlly be coincident
In point f time with the main fact proved;
It Is enough that the two are so clearly
connected that the declaration can be said
to be a spontaneous expression of the fact
or condition.
2. Instructions examined and held to have
fairly stated the law applicable to the case. I
and the evidence examined and found to Karthqnake In Vermont.
have Justified the submission of the case to ( NFWPORT vt , Oct. 22.-Tho heaviest
WrVxtngton bank against Phoenix , earthquake ever felt in tl.ls ' Jlon re
insurance company. Error from Dawson, curred ear y today. The vibration nt the
Affirmed. Ames. C. Dlvlslrn No. 1. earth shook houses, smashed crockery end
In the absence of evidence an agent
for collection who cancels the obligation
of the debtor. Is presumed to have done so
In consideration of the face amount of the
claim, ' .
Arrested for Murder.
KANSAS. CITY. Mo., Oct. 22-Ollver
Wright, a laborer, aged 36, has been Ar
rested pending investigation of his alleged
connection with the murder of George H.
I Jenkins, a civil war veteran, on Penn street
I In this city on September 27. Jenkins was
chnntied to death with a hatchet.
He was
separated from his wile and
boarded with her.
Wright
Attempts to linrn Town.
RlIXiKWAY. Pa.. Oct. 22. Fire originated
simultaneously in three parts of the bor-
1 ough last night, destroying the buildings
In which It started. The o)era house, the
finest in this section, was burned, the lows
on the building amounting to JbO.OCO, on
A TRAINED NURSE
After Years of Experience, Advises Women in
Regard to Their Health.
Mrs. Martha Pohlman
of 65 Che.btcr Avenue,
Newark, N. J., who ia a
graduate Nurse from the
Blockley Training School,
at Philadelphia, and for
gix years Chief Clinic
Nurse at the Philadelphia
Hospital, writes the letter
printed below, hhe haa
the advantageof personal
experience, bebldes her
professional education,
and what she haa to say
may be absolutely relied
upon.
Many other women are
afflicted as she was. They
can regain health in the
game way. It is prudent
to heed such advice from
. uch a source. '
Mrs, Pohlman writeg:
" I am firmly persuaded,
tftereigbt years of exwrieiice
with Lvdia K. Pinkham's
Vegetable Compound, that It
is the safest and best medicine
for any su tiering woman to
"Immediately after my
marriage I found thut my
health began to tail ma. I be
" came weak and pale, with se
vere beariug-down pains, fear
ful backaches and frequent
dizzy Se!Is The doctors pre
scriei for ms, yet I did not
Improve. I would bloat after
eating and frequently become
nauseaUxl. I had an acrid discharge and !
tains down through my limbs so I could
hardly walk. It was as bad a case of female
trouble as I have ever known. Lydia E.
Piukham's Vegetable Compound, however,
cured me wuhin four months. Bince that
time 1 have had occasion to recoinmeud it to
a number of patients suffering from all
forms of female difficulties, and I find that
while it is considered unprofessional to rec
ommend a patent medicine, 1 can honestly
recommend Lydia E. Pinkham's Veitctable
Compouud, for I have found that it cures
female ills, where all other medicine fails. It
is a grand mediclue for sick women."
Money cannot buy such testimony ai
thi merit alone can produce audi re
ults, and the ablest specialist now
agree that Lydia K. Piukham Vege
table Compound ia the most tinivcr
gaily successful remedy for all female
tiseases known to medicine.
When women are troubled with ir
regular, suppressed or painful men
tniation, weakness, leuoorrhcea, dis
placement or ulceration of the womb
that bearing--down feeling', inflamma
tion of the ovaries, backache Moat
ing (or flatulence), ireueral debility, in
digestion, and nervous prostration,
are beset with such symptoms as riizzi
I) dla E. Pinkham's Ye&ttic
ii
25c. a fiambtr.
- NEW YORK
' crick road, he havlna committer! suicide.
About a year aao V'rof. Judd, owing to
mental trouble, lost his government posi
tion. He was sent to an asylum, whero
after having been treated for melancholia
and homicidal mania for about ten months
he appeared much Improved and was dis
charged about two weeks ago. That he
. had contemplated suicide was known. Prof,
i .linld was the son of the late Rev. CharleM
! Dwlght Judd of Hartford, Conn.
Increase Not Knona-h.
FALL RIVEIt. Mass., Oct. 22. The Fall
River Textile council, representing the or
ganized cotton mill operatives of the city.
i today nec.uen in rejeci inn oner ninun uv
I the Mam'facturers' association last week
to advance wages 5 per cent and Intro-
duce a profit-sharing plan. The council
had requested the restoration or tne reour-
tlon of l-H Per cent which went Into effect
July 25, l!u. No Immediate troublo In the
mills Is anticipated as tho result of tho
disagreement and It is probable that fur
ther negotiations will be conducted during
the coming week.
caused considerable alarm.
There was only
one shock, which lasted for a few seconds.
It was accompanied by a sound, like a iV
tant explosion.
I LOCAL. BREVITIES.
William McKlnley lodge gave Its first
dancing program party of the season last
night at Metropolitan hall. A program of
sixteen dances was enjoyed oy about 150
couples. Heyn's orchestra furnished the ,
music. The committee nn arrangements
wus H. Wolf. Martin L. Sugarman, J.
Blosburg and C. Nathan.
Detectives Ferris and Dunn arreBted Paul
HusKer snd P. Y. Hite yesterday afternoon,
suspected as the parties who entered Fran
cis Behan's saloon, 113 North Fifteenth
street, last Saturdav night. The burglars
secured 10 In cash, all the cigars they
could carry conveniently, and a pint bottle
of whisky.
jj)S'!MMli.Jr..s.
-if
nesa, faintness, lassitude, excitability,
irritability, nervoukness, aleeplese
nesa, melancholy, "all-frone" and,
'want-to-be -left-alone ' feel in ga, blue
and hopelessness, they should remem
ber there is ore tried and true remedy.
Lydia li. Pinkhaiua Veiretable Com
pound at once removes such troubles.
No other female medicine in tha
world has received such widespread
and unqualifie d endorsement. No other
medicine has such a record of cures of
femalo troubles.
The needless suffering of women from
diseases peculiar to tlieir sex Is terrible
to eo. The money which they pay to
doctors who do not help them is an
enormous waste. The pain is cured
and the money is sated by Lydia K.
Pinkham's Vegetable Compound. Ex
perience has proyed this.
It l well for women who are ill to
write Mr Pinkhssa at Lynn, Mass.
In her gscat experience, which covert
many ar. she has probably had to
deal with dozens of cases just like
yours Her advice is free and confi
dential .
or
Cfiuoauod S-jeceetb Wlere Other FtU
nn
lAVortfea Vi, ; Q -" ' .