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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 21, 1905)
THE OMAHA DAILY BEE: TliUKSDAY, DECEMBER 21, 1W3.
D. T. SIIBBS PLEADS GUILTY
Iffert to 6ecmr Veoej to Ifaka Goed Hii
SENTENCE PRONOUNCED IN MORNING
nr.. Lnuls Held, Wh. Wa. Injure
la Klevatur la pa Bnlldlua.
Rrlace Halt far In.OOO
. Dana i. biuoop, iccunipinmu 07 -
inniir a n tVatawoeth. annesred before
m . ' . .,,..., ,,,, atrd
Judge Oreen In district court yesterday
morning and entered a plea of guilty to-the
Indictment charging him with the embex-
lement of Il.t77.40 from the Cltlsena Qas
and Klectrle eompanyj of which he was
. ... t... n.r. after sc.
K'lmnrijr - ... -
cepting the plea, atated he would pass sen
tence this morning at 9:30. Ths court or
dered that atuhbs be released on the same
bond rnlltif the paaalng of sentence.
a...Kk. .r,ri in the sheriff's office
some time before the convening of court.
but when court was opened he was no-
where to be found, and for a while there
more or less excitement among the
court officials. Stuhbs, however, appeared
shortly afterward and explained that he
had gona to a nearby office to telephone
to a friend In Omaha.
Htubhs' decision to enter a plea of guilty
was only reached after he had exhausted
every recourse to secure from his friends
sufficient funds to replace the ' amount
which he was charged with embexsllng.
Fortune, however, was against him this
time and his friends succeeded In raising
oruy a imcxiun 01 n .iiiwui..
Sues lor Elevator Accident
Falllnr to secure a settlement from the 1
owners et the bulldmg, Mrs. Iiuisa teed, rlmonlal embrosjllo was started yesterday
who was seriously Injured October 1 last when Ball, who had ventured across the
by lelng .ajucht In the elevator In the Biipp river to the Iowa side, was served with no
block, has begun suit in the district court tlce of suit by Mark A. Sweney for $1,000
for Jli.WO damages. , A. A. Gaines and damages for alleged false arrest. Follow
Krnest E. Hart, as owners of the building, Ing the marriage of Sweney to Ball's dl
and the Travelers' Insurance company ar. vorced wife Ball had Sweney arrested In
named as defendants. A policy n th thl" pl,v on ,he charge of knowingly mar-
Travelers' Insurance company protect, the. rylng the wife of another. Justice Gardl
nwners of the building to the extent of ner, before whom the case was tried, dls-
5.000 against any Judgment that may be re-
covered from them as the result of an -cl-
dent In the building.
Albert Baumuii, a resident of Treynor,
la.. Is made defendant in two Is.ooo damage
suits brought yesterday In the district court
by Henry W'ahle and Henry Eltmann. Both
plaintiffs claim that Baumun made slander
ous statements about them.
John T. Oliver, a tailor or tnis cn,
brought suit yesterday against W. E. Ship-
ley, whose sudden retirement from the poet-
tlon of local agent for the Great Western
caused somewhat of a sensation In railroad
crce. u.t week for . 'r clothing
supplied. The three banks of the rltjr.
where It was thought likely tht Shipley
had money, were garnlsheed.
1 The Rex Buggy company In a suit brought
against C. E. Hathaway, a local agricul
tural Implement dealer, to recover !7.f9.U
for buggies and other vehicles shipped to
him. yesterday attached all the property of
the defendant In the possession of the
I'nlon Transfer company.
Judge Green has granted the application
of C. A. Tlbbltta. administrator of the es
lata of David Clancy, deceased, to appes.1
from th. district court's adverse verdict In
the suit against the Great Western railroad
Aorfcorer. tl&OOO or Clancy'a death. . Ho
. waa killed while In the employ of the com
pany as a brakeman. The suit has been
. Mled three times In the district court.
Judge Green will adjourn court tomorrow
for th. Christmas vacation. He will open
4ip th. January term here for Judge Thor-
. uell, who will perform a similar office for
Judge Green at Sidney.
Loan Companies at Oats.
Th strained relations between the Clark
Mortgage company and A. A. Clark & Co.
hav. n ached the courts. Both firms are
In the chattel mortgage business and have
adjoining offioes on the second floor of the
building at 421 West Broadway, owned by
A. A. Clark. About a year ago A. A. Clark,
who had been In th. chattel loan business
for a number of years, sold out to the
Clark Mortgage company, of which C. W.
Coker la manager. One condition of the aale
was that Clark would not engage In tl.u
chattel loan business again for ten years
and should ha do so waa to forfeit tK.ono.
Two months ago Clark decided to re-enter
th. business and he paid the $6,000 forfeit to
Coker. Th. Clark Mortgage company now
complains that Clark, who opened his office
immediately adjoining theirs, has sought
by various means to divert the business of
tha Clark Mortgage company back to him
self. Attorneys 'for the Clark Mortgage coin
pany appeared befor. Judge Green and sc
oured an order to tha effect that an In
junction restraining Clark from commltlliiB
th. acta complained of should be issued
on tha nluintiff enmtmnv flllnir with- h
on th. plaintiff company filing with the
clerk of the court a bond In th. sum of
ti.uUQ. Up to last evening no bond had been
tiled nor, had any papers been filed In court.
Nal Estate Transfers.
These transfers wer. reported to The Be.
December 90 by th. Title Guaranty tt Trust
company of Council Bluffs:
J. W. Squire and wife to Marius Ras-
mtiswen. lot 1, block 40, Everett's
addition to Council Bluff., w. d $ J.Soo
V. O. ti lesson and wife to Martin P.
Schmidt, lot . block 1 Casady's
add it lop to Council Blufis, w. d...
John L. On born and wife to Peter
Olson. sM ne4; part iwV n.W.
a-7-4S. w. d
Peter Olson and wife to John L. Os
btirn, lot I. block It Grimes' addi
tion to Council Bluffs, w. d
J. M. Cunningham and wife to A. L.
Stut, part of lot 3. block , Car
son. Ia., w. d
Mary F. C. Hlgglns and husband to
Florence R. Higgina, lots 3 and S.
block 11. Hall s addition: part of lot
x, Huntington's subdivision to Coun
cil Blufis, w. d
Hhoda I- Crevellng et al. to Charles
Mackrtll. lot 4. block 1, Arnold s
First addition to Oakland. Ia.. w. d..
Sheriff 10 J. W. Squire, lot &, block 8.,
Itlddle'a subdivision: nU of lot i.
Mock ID. Jackson's addition to Coun
cil Bluffs, s d
Fred V. Wheelr to Hannah H.
Baker, ,lot a. block 4. Twin City
Place addition to Council Bluffs.
i. c. d
Matthew Dalsell et al. to John Ryan,
s'4 nV U-37-43. q. c. d
Ten transfers, total.
llayle as tlork Ohould Be Taxed.
"The stock ought certainly to be assessed
somewhere" waa the statement of James
lyle. plaintiff ,n ,h. famous mining suit
f Doyle against James F. Burns, former
: president of the Portland Gold Mining
company of Colorado, while diacuesing yes-
, .. . k ... , v, , . -
lerday the attempt of the offlclels of
fottawatutmie county to tax the holdings
of the Individual stockholders of the Port-
laud company. Mr. Doyle himself owns
:. shares, which are In the name of Kate
Burns, trustee, and these have been listed
wan the rest of the assessment by Couiuy
. ' .' "
irea.urer von.i.ny. these are the shares
which were turned over to Doyle by Ihe
fflcera of th. Portland company since the
U .rial of ,h. famous au:t In tl.U city.
Mr. Doyle la on bis way home to Denver
Irosi the east and he stopped over to con-
fer wlh his local attorneys. John N. Ba.d-
wu and qeoige . Wright, over his petl-
BLUFFS, (voice that speaks kindly
tlon for a new trlnl. He to eon-
tlnuc his Journey west today.
The Council Bluffs Dramatic club tomor
row evening at the New theater mill pre
sent David Belasco's "The Charity Ball-'
for the benefit of the Associated Charities
creche. The play will be. presented undVr
the direction of Miss Lillian Fltrh and
! many of the old members of the club will
be Been In the cast. The advanced sale of
seats Indicate that the club will he greeted
by a la rue audience.
The following la the cast:
John Van Bnren Mr. Robert B. Wallace
Dick Van Buren Mr. Perry Hadokt
Judge Peter Ouerney Knox
Mr. Oeorge r , Hughes
mi. Hetts ur. Claude p !.ewts
Franklin Cruger Mr. P. J. McBrlde
Alexander Robinson. .Mr. Oeorge B. Phelps
Mr rr.1)lhton Mr Ry Dasbach
Mr. paxton and Jasper. . . Mr. Wylle Hafer
A? Cruger Mra. Marion Benton Hicks
vanBuren'V."'.'. .TV...". . ......7.
Mra. Kdyth Thomas Wallace
Mra. He Peyeter. .Miss Oertrurte Davenport
,. Ml.. In.u.l. flrhmlll
Mies Tlllle Altmansperger
.4 rreeted on Forgery t'harne.
Thomas Odcll, wanted at Hastings. Is,,
arrested here after midnight Tuesday
nd yesterday morning was turned over to
Ititr h-rlff Edward, of Mills county.
who took him to Olenwood. Odell, who Is
said to be a butcher and to have been mak
ing his home In Council Bluffs for some
time, went to Hastings Tuesday morning,
where he Is alleged to have passed a forged
check. That the check was worthless waa
discovered shortly after Odell had started
for Council Bluffs in a livery rig. Deputy
Sheriff Edwards reached Council Bluffs on
a lute train Tuesday night and with De
tective Shafer ' Intercepted and arrested
Odcll near the Iowa School for the Dcsf
he wg drvmJ Jnto ,he rty
1 Sweney Brings Damane Salt,
Another chaptet in the Bull-Sweney mat-
charged Sweney and th. latter at once j
took steps to sue Ball for damages for his
arrest. The officers, however, were unable
to secure service on Ball until yesterday.
Licenses to wed were Issued yesterday
to the following:
Name and Residence.
O. W. Ellithorpe. Neola, la..
Josephine Pritchard. Council Bluffs
Wllis G. Tlcknnr. Dexter, la
Manila M. Anderson, Walnut, la
George Canhan, Lincoln, Neb
Mary Nedvick. Lincoln. Neb..
p R 0mftha
Annie L. Toung. Lincoln. Nob
Morris L. Petersen. Council Bluffs...
Monica J. Jensen, Council Bluffs
Maurice L, Petersen, night clerk at the
Grand hotel, and Miss Monica Jeanette Jen
sen, daughter of Mr. and Mrs. H. Jensen,
24 Scott street, were married last evening at
the Danish Lutheran church. Rev. J. B.
Heed officiating. The ceremony waa wit
nessed by a large number of relatives and
friends of the groom and bride. Mr. and
Mra. Petersen will leave, this morning for
a bridal trip to California and on their re
turn' will be at home to their friends nt
7 Park avenue.
Davis sells drugs.
Slockert sells carpets.
Plumbing and heating. Blxby V Bon.
Dr. Luella Dean, Brown Bldg. Tel. 09.
Drs. Woodbury dentists, 30 Pearl street.
Woodrlng-Schmldt, undertakers. Tel. 839.
Leffert's improved toilc lenses give satis
faction. Pictures for Christmas gifts. Alexanders
Art Store. 3.13 B'way.
Cards and games at Bushnell's.
Dr. J. C. Waterman, office 24-7 Merrlam
block. ReMldence, 1M park avenue.
Results Our Specialty Eclipse Collection
agency, offices 103 Pearl St. Phone 1474.
Ed Rogers was called to Imogene. Ia.,
last evening by the death of his nephew.
Big mld-wlnter tern Western Iowa
college opens Tuesday, January J, I!).
Swellcst line or toilet cases, mirrors, per
fumes, box papers, cigars and Canutes.
Morgan & Dickey.
Harmony chapter. Order of the Eastern
Star, will meet (n regular session this even
ing in Masonic temple.
Mayor Macrae returned last evening from
Carroll. Ia., where he was called to perform
g surgical operation.
A special meeting of Abe Lincoln Wo
man's Relief corps will he held Friday
afternoon In Grand Army hall.
Largest Stock of books at Bushnell's.
Get your upholstering, feathers, mat
tresses and repairing done at Morgan &
Kline's. It South Main street.
A building permit was issued yesterday
to Geome 8. Wriaht for a U.iuO two-storv
, ,ran, " on v. mow avenue.
J'"n Hnaant, Whose marriage to Miss
, Im, ,,. wlll taK ,lUco Momlav Btter.
; noon, arrived from New York city yester-
if you buy your Christmas Tres from
Bartel St Miller uu will gel mem luounicd
on boxes, ready to trim, at uc to ioo and
up. Tel. 3S8.
J. K. Dixon and Minnie Ross, both of
Omaha,-were married in this city yester
day afternoon. Justice Gardiner perform
ing the ceremony.
Amendments to the articles of incorpora
tion of too Andersen company of this city,
Increasing the capital slock to faO.OuO and
making other minor changes, were nied
for record yesterday.
Justice Flld performed the marriage
ceremony yestviuay lor Uuorge Canhan and
' Mary IseilvicK, txm ot Llncoin, Neo., and
I iaVHroeil F. Kood of Omaiia and Annie L.
I oung of Lincoln, Neb.
I Mrs. Margaret Dlctsrh has applied to the
I district court lor toe appointment of Frets-
man L Heed as peruutnetit guaidlan of
l.OoO , her husband. Fred uidsch, an inmate of
j me stile insane asylum at Clarinua,
H. met. ing new ami beautirui for a Christ
nuts gal, the kuiiuie iciiaiseaJic. auld
moulding. It Is Inn very latent and the
ornaments are all cut and ut-ignel after
the Kenaiaaance period, borwica. 211 8.
.Main. i'none Uv3.
I.iu) 10-cent pictures at Bushnell's.
County Auditor tic) ne and his force hav.
Coni,ieud toe worn of compiling tne tax
booHs whicn hus been In piu.,es since
April and tuey aie now ready tu oe turned
over to County ire isurer (.onsiuy. 1 lie
l!a taxes become payable on January 1.
Mrs. Viola Cnesney, a well known colored
woman of this city, tiled esieroay at tier
residence. Ul Avnue C, aeo ai years.
Three suns and one uaugnt.r survive ner.
lieveased was a nvniber cf tne Interna
tional Order of Twelve, Knights and
Daughters of Tabor.
Owing to the fact that several of the
aldermen are not In favor of taking up at
Tw&f'&r cg" 'yo?
Macrae has deemed not to can a special
meeting of the city council to disclira this
I "'ar .ne haJ lrPoaed doing.
. H. L. Kerr, the street toy vender ar-
tvm.. Tuesdav on the ch. of h,.inin.
money bv false rretenea b sellins arit.-i.
widen re not up to tne sample displayed,
!r.V"T.,:!Ur"'''r..0'h'r "o" l!?.,";-
, next. Ste nas released on a 5u cash bond
lele at ttosleu.
"I BOSTON. Dm. I.-Julin Aliln.(.. n..-u
arrlvta . , . prlvitl, c ,h
companled by his son. Gladstone tt wie, a
, nur" nJ. 'w otnsr attendants
; '-'hoard" t'r&A'
1 bound for Jamaica. Later Dowle will take
extended eruUe in the Carlbu-an sea
' ' '
I WATCHES Fienser, Hth and Dod.e.
It Last Dm Calls on Free with Ho
ST. LOUIS MAN OFFERS HIM ADV1C
Oner Afflicted Masse Way and Over
raane Imaginary Accusers
"Imply by Asserting;
Hla Will Power.
Having read In the Omaha papers an ac
count of P. 8. Free, who gave himself up
to Imaginary Justice at the city jail at t
o'clock In the morning one day lant week,
a St. Louis man has ben moved to write
Chief of Police Donahue a letter for the
benefit of Mr. Free, who has been atHlcted
with a cnental aherratloir which consists of
the visitation of strange voices accusing
the man of things he did not do.
Free was removed from the city to the
county Jail last Saturday. The man is Im
proving and may be able to get out soon.
However. Mr. Free intends to keep copy
of the St. Louis man's letter In his pocket
for future reference, and should the strange
vnlcefl return he m'ltl tun bt fni,t
down and Insist within himself that he I
.. ,...k ,!.. II.,- 1
has as much right to live as any one else,
no matter whether he be of this life or the
After two weeks of sleepless nights In
Omaha and after walking the. streets until
t o'clock In the morning Mr. Free called at
the city jail to get away from Imaginary
accusing voices which were saying "Free
murdered Orevllle Hsyden at Colfax,
Waah.j some years ago."
Text of the Letter.
The letter from "A St. Iytuls Merchant"
ST. I-OU18. Mo., Dec. 2ft, 19"8. Chief
of Police Omaha. Dear Sir With the 1
supposition that the case of P. 8. Free ;
iipixiaiiiuii uni mr -"- "i r. o. r it ,
as stated In enclosed clipping Is true. I
voluntarily submit the following knowl-
edge, based on similar experiences, for his 1
I had a similar experience and found re
lief only by keeping fear down and Ignor
ing anything and everything unpleasant
that my Imagination tried to Impress tipon
me. In other words, I forced mvself to
disbelieve my own thoughts. Thus I
placed myself Into a positive state of mind
and succeeded In removing the miserable
and painful condition from my mind. Later
I met a Rontloman who had returned from
a gold cure sanitarium with the same
trouble. He was a salesman and whenever
he entered a place of business to sell goods
tho mysterious voice would try to dis
courage him by saying some of the filthiest
;u& Xr.He KSaVof
me and my exnerlence and therefore fell
that by unfolding his troubles to me he
might rind consolation through me. I g-ive
him the same "remedy" that I used In my
own case the will. I told him that every
time he heard the voice he should answer
It by Ignoring It and not to allow It to
create fear. Walk away from it. as It
were, not paying attention to It and to put
his foot down and Insist within himself
that he has as much rlKht to live as any
one else, no matter whether they be of
this life or life hereuter. At night he
should follow the same rule when in bed
and try and forget to think and turn over
and go to sleep. If he kept this up he
would certainly find relief In a few days.
I told him to be calm undr all -Ircum-stances
because excitement and ar would
cause the blood to rush to his head and
thus place him In a bad way. I told him
luriner 10 puniy nis mum ana eliminate
all lustful desires, keep away from bad
company, because such elements degrade
rather than uplift. Psychological condi
tions play a big part In our lives, I told
him. and therefore he must learn to re
frain from unnecessary earthly conditions
and study the beautiful, which law has the company or Its receiver of all proprty
tendency to lift us up put of a material at- j received or hold by the Cincinnati, Hamll-
moHphere. (This Is the atmosphere that ,., .,, , .
Mr. Free evidently absorbs too much.) 1 ton Dayton Railway company In conse
Well. mv friend followed my advice. In ' auence of any such resolutions or lease
three weeks' time the voices had left him
and he was richer for the experience. I
trust. Mr. Chief, that you will take this
under favorable consideration and see that
Mr. Free gets this advice.
(Signed) A ST. LOUIS MERCHANT
BETTER CONSULT WITHNELL
Parties Building In Omaha May Avoid
Trouble by First Bnbmlttlnff
It Is suggested t the city hall that par-
ties desiring to erect buildings In Omaha
would do well to first submit their plana
to the city building Inspector for ap
proval and triiis avoid conflicts with the
ordinances of the city as Interpreted by
that official. Wednesday morning Mr.
Wlthnell stopped the construction of two
buildings because they did not conform
to the ordinances of the city and he and
his assistants are scouring the city for
other buildings which may not come up
to the requirements of the law.
"Contractors should file their plans In
this office and get the approval of t'a de
partment." said Mr. Wlthnell, "before
starting on their work, as It will save us
much trouble, as well as save trouble and
time for tho contractor and owner. We
ar. on the lookout for those buildings
which do not conform to th. .ordinances
na wnen tney are located work on them
will be stopped. It would be much easier
for all parties it the contractors would
work In harmony with this office. It
would save time and trnubl. all around."
BANDLE NAMES HIS
lew Register of Deeds Retains Sev
era I Attaches of the Deuel
rrntiK Bundle, register of deeds elect. 1 .creamed he choked her and struck her
has announced the names of the persons wth rock. He dragged the body to the
who will constitute his office force when bottom of the creek, and there, still fear
he succeeds Harry Deuel. They are: ,ng that ih, wns ,V6 ,n, mlKht cry
-,.u.7. ..m u.tin, now in me gov-
ernment service at one of the South
Omaha packing houses.
Chief clerk. P. M. Tobln, now with Regis
ter Deuel, an expert in tne work.
Index clerk, Guy C. Fleming, ai present
a drug clerk.
Recording clerks, Chris Tracy and W. H.
Chadwlck, the latter at present an em
ploye of the office.
General clerk. Fred Schamel, at present
employed as a city tax collector.
Stenographers, Miss Bessie Hammond
and Miss Clara Cretghton, the latter now
with Mr. Deuel.
MAURER COMES TO OMAHA
Nunell Bluffs Man Buys Dewey at
Mane Bullalua; and I. eases
to Local Flrsa.
Th. Dewey It Stone Harney street build
ing, occupied by F. P. Klrkendall A Co..
has been sold by George 4k Co. to W. A.
Maurer of Council Bluffs, th. consideration
being Itt.ivi. Mr. Maurer will give a long
time lease on the property to the Omaha
Crockery company, which Is soon to ex
pand Its business. The building Is 3x!;.';
feet and consist, of four stories and a base,
ment. F. P. Klrkendall ft Co. are to give
possession early ln January.
Cluster diamonds, Edholm, Jeweler.
Charae to Hummel Jury.
NEW YORK. Dec. 20. The eharea th.
Jury which is trying Abraham Hummel,
I lh for conspiracy, was begun by
hf.u.V.!e..Ror"-.,n ,h" uP.me court, today.
Hummel Is charged with cone pi ring to
"" " " . y. w. Morse
5. to nullify hrrrnVrrl... !uh Tm ,n
nullify her marriage with Morse,
gervleee Over tC M b.hi.i
' , Funeral service w".naMrt.
vrtjlr Ju'e E. M. Bartlett. waa held
Xi? i-V'r." TMrt'i .hilt r'ld,nc of
service waa brief and sYmple " Th hodv h..
been eent to Maure, Wis., for burial. Mr
feertlett spent the greater part of hla life
In tha Badger state. Rev. T. J. Mackar. 1
pastor of All Saints church, conducted the
Omaha service. The pallbearers were:
Judge Ftelle. Judge Corkrell, J. H. Hul
bert, W. O. Bartholomew, C. J. Bnery and
MRS. LEAFGREEN ON STAND
Wassaa Waa llalsaa Be ef
rt. trials Mlllloaalra Tell.
8T. IjOIMS. Dec. J0.-Mr. Mary Leaf
green was on the witness stand again todsy
In the probate court In her contest for cno
half of the :w,nno estate of the late Lactcde
J Howard, a wealthy brick manufacturer
of this cltr, whom she asserts nh married
at Decatur. III., In She repeated the
story of her first meeting In 1S80 or ISM
with the man she knew as Charley Howard,
but whom she married In 1883 under th
name of Henry Howard. She was ques
tioned closely regarding the conversation
when Howard proposed to her. but could
not recall It. The original marrlnge t-ert'fl-cate
of Mary Moore and Henry Howard,
brought by a deputy clerk from Macon
county. Illinois, was exhibited and Mrs.
Leadgreon Identified her signature on the
She testified that when she showed to
Rev. W. H. Musgrove, the minister who
Performed the ceremony, a photograph of
I-aclede J. Howard a short time after the
latter's death in that Rev. Musgrova
told her the fce was very familiar to him.
but that he could not say positively that It
was that of the man to whom' he had mar
ried her twenty years before. She also
testified Rev. Musgrove told her at tho
time that lis had no recollection of ever
having seen her before.
Rev. Musgrove will be called ns a wit
ness. According to Mrs. Leafgreeu'i story, in
1SS3 she married a man known as Henry
iinwarA Th. separated and two vears '
later she saw' a newspaper notice to the
effect that Howard was dead.
nct Hint Howard was aeaa. Alter 1 1
h. William Leafareen and 1
tlme 8n mmea vtimam iveaigreen ana 1
had lived with him for about six years ,
After a I
when one day she met Laclede J. Howard
on a street car. She declares she rerojnlxal
In him her former husband and that they
had a long conversation. She then In
formed Lcafgreen that she was not legally
his wife and they separated and hnve not
since been remarried.
C, H. & D. CANCELS LEASE
lonn.el Advise. Director. That Pere
Marquette Contract I. In Viola
tloa of liva of Ohio.
NEW YORK, Dec. .-At a meeting of
the directors of the Cincinnati, Hamilton j
& Dayton itanway company nere touay
a resoluilon waa passed rescinding, re
voking and annulling every resolution and
contract adopted or entered Into by th.
Cincinnati, Hamilton & Dayton Hallway
company authorizing or purporting to au
thorise the lease of the railroads of the
Per. Marquette Railroad company, counsel
having advised that such resolutions and
contract, are In contravention of the laws
of the state of Ohio and arc beyond tho
corporate power of the company.
The president and other proper officials
of the company were authorized to tak.
all steps which may be legal to carry this
resolution Into effect. Including the sur
render to the Pere Marquette Railroad
and to ,urrcn(1.r u the capital stock of
the Pere Marquette Railroad company.
Receiver Harmon is to be requested to
tak. such action a maj' be proper In the
premises and the"Bihcers of the company
to take such action, as may be deemed
suitable to protect! the Interests of the
Cincinnati, Hamilton & Dayton.
The board of directors' of tho Pere Mar
quette also held a meeting and called a
meeting of the stockholders of the Pere
Marquette to be held' In Detroit on Feb-
ruary 27. at 11 a. in., at which time action
on the Cincinnati, Hamilton & Dayton res-
olutlons will be taken.
AUSTIN FRANCIS CONVICTED
Kansas City Man Who Killed Sweet
heart Month Ago Gnlllr of M or
der In First Uegrfe.
KANSAS CITY. Dec. .-Austln Francis,
charged with the murder a month ago of
Winona Newton, IS years old, his sweet
heart, was this afternoon found guilty of
murder In the first degree.
The murder of the Newton girl was most
brutal. Sh. lived with her father and
younger sister In a one-room house in the
outskirts of the city. They wer. miserably
' poor. She hod been ill and Francis had
I promised to furnish her money with which
I to see a physician. They
evening a month ago at a s
met late In the
small bridge near
th Ktrl's home. She was not heard of
i until the following morning, when her body
was found, badly cut and bruised and
weighted down with a 150-pound stone that
! rested on her head In the creek below the
bridge. At the trial It was disclosed that
Francis had given the girl carbolic acid,
saying that It was the medicine she needed.
He forced her tu drink ihe stuff. When
it fnlleri to kill ' her .1 nni. AnA ah
placed the great stone over her head.
Francis, who Is a switchman, 17 years old.
was arrested on the day following the
murder. He proressed his Innocence.
The arrest and conviction of Francis
within one month of the commission of the
crime marlf. nn. nf IK. &! f as. , rlula ln
that Mutorv nt erlmlnnl In .hi. ..
FIRE IN SALT LAKE CITY
KxtenslTe Repair Shape of Rio Grande
Road Damasrd to Extent of
SALT LAKE CITY, t'tah, Due. JO. -The
extensive repair snops or me Hio tirand.i
wero found to be on fire at 10;) tonight.
AH the fire apparatus In the city was called
uIreab,u.,h,o "exTndT .TT iT,'"1 T
threaten to extend to the fre eht vnrria
The firemen succeeded in confining It to lis
fiiifcuiKj .ifi-uin. 4 or jiuwrr hiiuha ano.
main car shop burned to the ground, but
the great machine shop, paint shop and
other buildings standing at a distance war.
unharmed. The loss Is estimated ton'ght at
from IISO.OOO to $3ut).0ri and 2"0 men will be
thrown out of employment. The tire started
In the engine room and that Is the only In
formation obtainable tonight.
DROPPER TO STAY YEAR OUT
Arrangement Temporarily aettles
Troubles mt tho South Dakota
ABERDEEN. S. D.. Dec. J0.-Th. friction
ever the management of the State univer
sity at Vermilion was temporarily settled
this afternoon when the board ot regents.
In session here, voted to retain Pr. Garrett
Dropper as president until the end of the
present school year in June. They de
clared, however, in the resolutions retain
ing Dr. Dropper that the best Interests of
the school would require a change at that
CONNhLL files hen answer
Chargii Coaipirtej ia Oat Deal Afaiatt
filackbara an! Attoraaa.
ZiMMAN INSTIGATOR; NASH BENEFICIARY
That I. la Way Replies
Original Charge at "Wlckes" '
acheme Against City
Attorney W. J. ConrU has filed an an
wer to the petition of Weaver Glller, at
torneys for T. W. Blsckburn, on which a
temporary restraining order was granted
by Judge Sutton which holds up the mak
ing of a contract with the Omaha Oas com
pany by the city officials.
Mr. Connell also appeared befor Judge
Sutton Wednesday morning and had tut
hearing of the matter put over until Friday
morning, being at present engaged In a suit
on trial before Judg. Bedick.
In his formal answer Mr. Connell denies
Blackburn Is a freeholder and taxpayer lu
the city of Omaha. He likewise denlee
there, was a conspiracy between Mayor
Moores, Councllmen Baek. Dyball,
Bchroeder, Huntington and Evans and him
Self "wickedly and fraudulently" to fore
a contract upon the city at $2S a lsmp. HO
sets up that "all such wicked and fraudu
lent conspiracy was on the part of said
Blackburn and his attorneys. Weaver A
Oilier, who. not having the fer of God
before their eyes, but being moved and In
stigated by one Harry B. Zlmman, did com
bine and conspire In the Interest of the
electric light company to defeat and prevent
any contract with the Omaha Gas company,
and did Induce and prevail upon Council-
men O'Brien. Hoye and Nicholson to prom-
fee to absent themselves and
P awsy rrom the council meetings m
order to prevent the attendance 0
' , . ..,. ....
0onim at such meetings when said
tract was to lie considered.
In conclusion the answer denies the petl
tlon states facts sufficient to constitute a
cause of action or to entitle plaintiff to a
temporary or a permanent Injunction. The
answer reviews all tho proceedings had In
the contract matter from the start and con
tends every step wae legally taken.
BISHOP IS 0N THE BOARD
Secretary and Historian of Canal
Commlxalnn Warned a. Mem
ber of Body.
WASHINGTON. Dec. 20. President
Roosevelt today appointed Joseph Bucklln
Bishop as a member of the Isthmian Canal
commission to fill a vacancy In that body
caused by the resignation of Chief Engineer
Wallace. Mr. Bishop has been the secre
tary and historian of the commission.
Mr. Bishop Is at prespnt secretary of the
I canal commission, having been appointed
to that position from New York last Sep
tember. His present appointment is to fill
the vacancy caused by the resignation of
Chief Engineer Wallace, who was a mem
ber of the commission as well as chief
engineer. Mr. Bishop receives a sulary of
tlO.ooo a year and until a few days ago he
prepared statements for the press relative
to the progress of the work on the canal
and other canal matters.
It Is understood that with his appoint
ment as commissioner Mr. Bishop will be.
selected secretary ot the commission. His
salary as commissioner wlll be $7,500 n year
and it is said that for his services as
secretary he will receive an additional com
pensation of $2.SX a year, thus making Ills
aggregate salary equal to what he now
receives as secretary.
DEVLIN CREDITORS MEET
Business of Dead Capitalist Will Re
Temporarily Divided for Oper
TOPEKA, ' Kan., Dec. 30. The creditor
Of the late C. J. Devlin and his various
companies met here yesterday and took his
estate out of the hands of the receivers.
They elected as trustees J. E. Hurley,
Cyrus Leland and Walter Reeves, tha re
ceivers under whose management the Dev
lin concerns were. all making money.
Dr. W. S. Woods of Kansas City waa
elected trustee to handle the affairs of the
Marcellne Coal company, the Marcellno
Mercantile company and the Kansas City
Coal and Coke company. These three ctun
panles were subsidiary concerns of Devllft,
but the creditors thought that it would be
best to place them under separate manage
ment. The trustees will begin their duties at
once, tt is not certain how long they wlll
run affairs, because the creditors also took
action looking toward the organization of
a holding company to operate all of the
Devlin Interests. This plan was agreed
upon at a meeting of the principal cred
ESTIMATE OFCaOP A6REAGE
Yield of Com for the Year 1UOS Is
Placed at 2,TOT.!H,frfW
WASHINGTON. Dec. 30.-Flnal returns
to the bureau of statistics of the Depart
ment of Agriculture, according to a bulletin
Issued at 4 o'clock today, show the acreage
and production Of the principal farm crop
In lfl6 to have been as follows:
M tl. 177
The average weight per bushel la shown
by reports received by the bureau to he
66.1 pounds for spring wheat. Ml pounds
for winter wheat and J2.7 pounds for oats.
PENSIONS FOR RAILWAY MEN
rw lork central, nirhlgss Central,
Lake shore and Bl Four to Care
for superannuated Employee.
NEW YORK. I-c. J.-At respective
meetings todsy of the board of directors
t the New York Central, the Lake Shore
ft Michigan Southern, the Michigan Central
and th. Cleveland. Cincinnati, Chicago ft
St. Louis railroads each of thes. companies
decided to establish a pension bureau to
take care of superannuated employes.
LOUISVILLE. Dec. 20.-M!s Ethel Wst
terson. youngest daughter of Mr. and Mr.
Henry Watterson, was today married al
Mansfield. Mr. Watterson's country seat, lo
Mr. Alexander Ollmour, a Louisville busi
NEW YORK. Dec. ao.-Loulsa Margaret
Snow, daughter of Mrs. Thomas C. Piatt
and stepdaughter of Cnlted States Senator
Matt, we. married It Francis J. Car-
UKVlW OP" RKYIKWS
WOMANH HOMH TOMMMOS
THE TWENTIETH CKNTTRT FARMIiR
REVTKW OP RKVIKWS
WOMV8 II OMR COMPANION
COt MTRY CALKNDAR
Wa are vnrr fortunmta la basing abl to arrange with the pnbUabra
of the well known maRatlnem to offsr their ptibllcationa at thla jen
aatlonal price. It la an opportunity not often presented. Nerer
naa a pnbllaher been able to make no liberal an offer on exclualve kick
grate and high priced rearailnee.
You ask how la this otter ponalble If the three masailnee hav a.
fixed valae fcud are not like the eommodltlea uaually offere ft bargain
It la-well known to everyone In business that in fixing a eel ling
price there muat be added to the manufacturing cost the eoat of mar
keting. The coat of marketing a magaatne la a big item, and theae
three pnbllahlng houses decided to nnify their effort to get new read -era,
making one organltatlon do the work, and dlrlde the coat or mar
. ketlng by three. That la why you can buy these magaalaeu. thai It
the needa ef erery home, for nearly half price.
THE TWENTIETH CENTURY FARMER
Thle la a roagacine designed for every member of the farra keaa.
ftpeclal articles on eobjecta of the gieateet Interest are printed eack
week. Theee are written by men of national reputation and cover a
Held diversified aa to embrace during the year all branches of faraa
activity and life. Frank O. Carpenter's "Letters of Travel and Wil
liam jonnlnga Bryan's "Around the World Lettera" appear la no
other agricultural paper. Either one of these featurea are worth tht
price of a year'a aubscrlptlcm. No other farm paper maintalna so many
regular departments, such as Feeding. Live Stock. Veterinary. Dairy,
Poultry, Crops, Farm Devices, Orchard and Garden, with four pages
de.roted to the women, yonng folks and children. Each of theae
partmeata Is edited by a pracUel editor and not by theorist.
REVIEW OF REVIEWS.
Thle aiagselne ia almost necessary for the up-to-date man e
woman who pretende to keep abreast with the times. Ita illustration
will eonstst of 1,200 pictures a year. Its departmenta give the beat
that is in all of the other important magasinea all over the world.
Timely and informing articles, almost as fresh and as full ef newa
terest as the daily papers.
Thle has been a leading magnitne for eighteen, yeara. With the
recent change in ownership it haa been improved and ia far better In
every respect. Ita gain ln newsstand aalea and.ln subscriptions hare
been remarkable, and these are due to the new life and real merlC
Tke Cosmopolitan la printing what the people want. It conUina regu
larly the best fiction, the beet apecial articles on timely topic and the
beet illustrations money can buy.
WOMAN'S HOME COMPANION.
Thle magaslse la for every memoer 01 the family. It Is an Ideal
entertainer and helper la a thousand congenial waya. The lasues tor
the forthcoming year will be unique In conception and execution, rich
and Tfcrled in contenta and brilliant with the finest and most elaborate
sad most artistic illustrations obtainable.
. Thle is a beautiful magaxine of country life, published by tha Re
view of Reviews Company. It is the most sumptuous, best illustrated
and meet costly magazine made in the world, it doplcU rural or coun
try life la America, both intelligently and Instructively. It, Illustrates
and tells of the life and home surroundings of the farmer and raaok
Maa, aa well as the multl-mlllloaalre and hla country estate.
1 ftf WaU Arrange fwr ywwr mairaxlne remdtng ao-w. Teej fcrw
um nan nut, reaUy tD entire list Included in thle woadev-
fal offer at bat tittle more tfcaa the revrniar price at cm magarlstt. a
great U the reductiem.
. Th eflar Is gwod fer aarw sad renewal maaca-tptJaM ant wtO
wale far bit a limited time
Uai in Yotrr Order Today. 90 3v
dreet aD oornmnalcnUons te TUB
mody ot Minneapolis and Washington, D
C, at Grace church In this city yesterda
The bride haa been closely Identified with
this church and was a sub-deaouness In
the parish. ' Senator Piatt's gifts to the
bride were numerous, among them being
H.Cuf) In gold coin. Mrs. Piatt's gift was a
house in this city, fully furnished.
ROBBERS KILL A CRIPPLE
Farmer 9het lu Pennsylvania by Men
Who Loot House After
GRAVER FALLS, I'V. Dec. 30. -Hugh
McCoy, a cripple, aged 45 years, was shot
and Instantly killed :sst night by twa
thieves while he wss si Mng at the kitchen
window of bis home on a farm two miles
from Darlington, near hre. Two shots
were fired through the window, the gun
being held so close as to powder-burn him.
Robert McCoy, a brother, witnessed the
murder and after a desperate battle with
the burglars, escaped and spread the
alarm. During his absence the burglars
looted Ihe house and secured about $:M
The brothers lived alone on the farm and I
recently received f2ui. the first money in
payment . for their property, which they
had sold. It Is assumed the murderers
were familiar with the sale and the pres-
ence of the money.. The police are making
a rigid search fer the burglars.
Boy Bar Both Leas Crueked.
ATLANTIC, Is.. Dec. j.-SpeoUi Tele
gram.) Hsrry Whttted. the 14-year-old son
of Ivanhoe Whltted of this place, had his
legs crushed by a moving trsln. Rock 1
Island freight No. 8 was atandlng In the
yards. A brakeman was fixing a hot box
and had crawled underneath the coupling
between two of the cars. The boy at
tempted to follow htm and was nearly
across the track when the train backed up
throwing him across the track, the train
passing over his legs just below the knees.
He was taken to the hospital and his leg's
amputated above the knees. It wss thought
he would die, but Is still alive.
lna Brliit Dlee.
WATERLOO. Ia., Dec. ai.-tflpectaD-on
October B. In this city, Alice Peepo wss
married to Guy Worcester of Cedar Falls,
St the home ot her parents. Last night
tbe bride cf a few weeks passed away at
the Presbyterian hontsl. where she went
' feT ,or ,imitJ Unw
) An t One Addr
1 Regular Price $9.00. Osw
f Offer Only
Atl tit One Address.
for a surgical operation. The bride was)
but 20 years of age and is survived by her
parents, four brothers and a stater, they
being Fred of Waterloo, Oeorge of Denver,
Ous of Sioux City, Henry of Bloomingtea,
III., and Miss Julia of this city.
Suit to Bet Aside Deeda.
ONAWA. Ia., Dec -(Special.)-Aa Im
portant suit In equity, was filed In the
Monona county district court today la
which Mrs. Mary A. Flener of Clinton, la.,
one nf the heirs of the estate of Mrs.
Catharlno Cody, who died here In Sep
tember. IWi. asks that the deed conveying
the real estate to Thomas A. and James H.
Cody, dated June J, 1900, and recorded
October 2a, 1806. in tho Monona county
recorder's office, be declared void and et
no effect, on the grounds that Mrs. Cody
wmi of an unsound mind at the date ef
the conveyance and for some time prior
thereto and Incapable of understanding the
nature of the transaction. Considerable
prcerty is Involved.
Holidays at State Korntat.
CKDAR FALLS, Ih.. Dec. tO.-ISpeclaLV-The
state normal school today closed for
Its customary holiday recess. Recitations
will be resumed January 4. This term ee
far exceeds In numbers the enrollment ef
any previous year. Most of the faculty will
attend the State Teachers' association la
Des Moines and will he active on the pre
gram. One of the attractive features af
tha gathering will be the reunion of the
alumni of the normal school. Twenty-ftua
hundred Invitations have been sent eut end
It is hoped there will be a large number
te attend the banquet to be served ThiSrav
day evening. December 2B, In Ihe Co ngrf ra
Verdict Asalast Mulaall.
ST. IjOT'IB. Dec. 20. The suit ot Imeer
Morgan sgalnst Zach Mulhall, the Wild
West showman and stockman, for 130, 0a
damages because Morgan was shot during
an encounter between Mulhall and an
other man on the Pike last year, resulted
yeaterday In a verdict of fS.GGO In favor nf
Hallway Itetea and Personals.
J. Russell, superintendent of the Ke
braska division of the Missouri Paclne,
has gone to Kansas City.
A. H. Smith, formerly assistant general
passenger agent of the Burlington and
Missouri railroad, and now assistant gen
eral passenger agent of tha Northern Pa
cific, is In the city.
J. M. Qruber, general manager ef tha
Burlington lines east nf the Missouri river.
Is in the city. Mr. Gruber waa formerly
superintendent ef the Kcbraslta divlsiei
ef the I'nlon Pactflo.
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