Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 22, 1905, Page 9, Image 9

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Judge Cntneei Bin 'o Eighteen Months
a Charge of E nbezilement.
Prisoner Thanks the Judne for Light
rn1ri hat Court Kipmari
Belief He Haa Brr Too
Lenient la Matter.
Eighteen month In the penitentiary at
Tort Madison wu tiie sentence Imposed
yorterday morning by Judge Green In dtn
trict court upon David T. Stubba, who
Wednesday pleaded guilty to embezzling
tt.ftno from the Citizens' Gas and Electric
company, of which he wai formerly cashier.
A arrangements had been made earlier
fn the morning at the request of Stubba
that he he. taken at onr to Fort Madison,
the passing of sentence wa disposed of
with all possible dispatch and half an hour
later Etublis was on his way to Fort Madi
son In custody of County Jailer Gallup.
Stuhbs, who had nerved himself for the
ordeal, took his sentence without flinching,
and when the words committing him to the
penitentiary for eighteen months had been
pronounced" by the court he thanked the
judge for the light sentence In a voice In
which but a slight quiver was noticeable.
Judge Otin In referring to the case after
sentence had been pronounced said he felt
that the punishment imposed wus. If 'any
thing, too light, and that an unusual
amount ' of 'sentiment existed for the lm
i position of a light sentence not warranted
by the facts in the case. It 1m understood
that Stubba' friends will petition Governor
Cummins for a parole or pardon for him.
Several Miit Divorces.
Mary. G. Tracy began suit for divorce
yesterday In tha district court from Wil
liam B. Tracy, to whom she was married
February , IMS. In Harlan. Ia. 6he alleges
that her' husband treated her In a cruel
and Inhuman manner and that she was
forced to, leave him about a week ago.
She asks for the custody of theVr three
minor children, K.otm alimony and 1400 a
year for the support of the children. The
defendant is a clerk in the employ of the
T'nlon Pacific, and according to the plaintiff
earns ISO" a month and owns property
valued at $2,Q00. To protect the claim for
Mlmony the court Issued an attachment
for $1, One against the defendant's property.
Mary J. .-Carter seeks a divorce from
Henry Carter, to whom she was married
in Omaha in October, 189J. She charges
the defendant with being anything but a
kind and considerate husband and that as
a result of his treatment of her she is a
physical wreck. fihej says her husband Is
worth $10,000. and asks to be awarded
13.000 alimony.
enzaoem k. Richardson not only wants
a divorce from IX. E. Richardson, to whom
she was married In Sioux City In July,
IMC. and who, she alleges, abandoned her
In August of the year following, but seeks
the restoration of her maiden name, Eliza
beth Marahal.
George W. Rolpta. a painter, who fell
from a scaffold while working on the real
ilenee of J. W. Squire on May 31 last and
was seriously Injured, has brought suit
against Peter H. Wind, the contractor In
charge of the work, for 14.077 damages.
The plaintiff alleges that Wind was re
sponsible for a defect in the scaffold.
f,: r ' 'Arthur Is to Go Free.
James .'Arthur, who was convicted of
blowing the Treynor bank safe on the night
of. January Vend was sentenced to ten
ear in the ort Madison penitentiary,
will be set free. The clerk of the district
court reoeived yesterday the procedendo
from the supreme court giving Arthur a
new trial. The supreme court In sending
the oaae back for retrial held that the
evidence was Insufficient to convict. County
Attorney Hess stated yesterday that Inas
much as the state would be unable to
offer any evidence except that introduced
at the trial he would move to dismiss the
raae, If Is expected . that Jailer Gallup,
who took Stubba to Fort Madison, will
bring- Arthur back with lilm.
Arthur and John Bernstein were jointly
Indicted for tha blowing of the Treynor
bank safe. Bernstein plcadod guilty and
was sentenced to ten years, but Arthur
claimed .he had nothing to do with the
safe blpwlng, although he was arrested in
company with Bernstein the morning fol
lowing the attempt to rob the bank. Arthur
Is believed to bo an assumed name.
. . Mearr C. Jayae.
HJfiATRlCBL Neb., Dec, a.-tSpeoial.l-Ifenry
C. Jaynes. an old resident of Gage
county, died at his home In this city yes
terday morning, aged. 78 years. Mr. jaynes
was a native of New York state and lo
cated in ' this eounty in 1X7$. being one of
Hie first settler of the city of Wymore,
where he resided until about two years
agrt, when he removud to Beatrice. He is
wirvlrcd by a widow and seven children, H.
Jaynes of Omaha being one of the num
ber. Mr. Jaynea was a member of the In
dependent Order of Odd . Fellows, which
order had charge of the funeral services
from the family home today at 2 o'clock.
I.. H. Cowaer.
, U H. Cowger, aged M years, died at his
home In Washington. Ia., Wednesday even
ing of paralysis. The deceased haa been
for thirty or more years connected with
the Chicago. Hock Island A Pacific- railway
and was at the time of his death foreman
of the machine shops or that company at
Washington. la. He was the father of
tir sons, residents of Omahn William F.
Cowger. - formerly assistant custodian of
tiie federal building, and Brady T. and
John L. Cowger. member of the Omaha
Are department. The three aona will leave
for Washington, Iu.. Thursday evening to
attend the funeral.
Walter A. r'lorrr.
..pKNVKR. lc. Jl.-Wulter A. Florer of
Oruy . Horse, Okl., well known as a trader
among the Osage Indians, died nere at
midniahl from tuberculosis of the brain.
Mr. Klorer rame here about a year ago
for his health. He was a son of Colonel
John M. Florer. one of the pioneers of
Oklahoma. and a trusted friend of the
Oaages. among whom he haa lived since
the. close of the war. Walter a. Florer
was born and raised among the Indians.
Toe' remains will be taken to Iawrence!
Kae , for burial
Kteanor Porter.
Eleanor Fortert the 1-mrmths-old daughter
of Mr. and Mrs. J. B. Porter. 15ii South
Twenty-ninth street, died at the home of
her parrots Thursday morning at 10 o'clock.
Funerjl arrangements will be announced
later. . .
V am gnu, iU tenni'll.
TOKIO. Ilec, Jl. -Field Marshal Yania
ttala haJ'been appointed to the privy
eouucll. Admiral Togo, now president of
the general staff of the navy, ln his fare
well address to. the officers and men of
the combined Japanese fleet, which wa
llse)Jved yesterday, warned them to be
, in .constant readiness for emergencies. He
concluded (ih. the woids: "Victor, tie
wur usliusl stilng tighter.
i)Oavntt. Brunner Hach-8t. Psens
(hi Nocturne, ep. 17 fiSBw
'rVale petite Joseph Oahm
(di "Dedication" Schumann-Liszt
Mr. Oahm.
"Hoi Ragfcln 8emlrviiii" Rosslri
Mme. Gale.
(a) "Ave Maria" Hi hubert-Wllhelmv
bl "Kujawiak " Wienlaw!.i
(e) Capri.- (for violin nlone) Paganlnl
Mr. Albert-
"D'Oedlpe a Colore"
Mr. Kills.
fa) Welch M't'dy
(bl "Tristesse '
Thorns s
Mrs. Gahtn.
ai "Chnnts polonals" Chopln-T.isst
(hi Gavotte Oliick-Hrshris
lr Two Valses. A flat. O flat Chopin
td) Polonaise Fad.rewsl:
Mr. Oahm.
(i "Mv T.ove Will Come Todav". DeKoven
(hi "Good Pay, Mrie" E. Passnrd
Mme. Gal. i
(a) "Molly's Eves" HawVy
h "Auf Wl-derehn" Rendlx
(e) "To Anthea" Hatton
Mr. Kills.
A very good-slued auli( nt e whs out last
night to greet the old time favorite of
Omaha. Mr. Hans Albert, who. with the i
assistance of Mr. and Mrs. Joseph Gahril
Mrs. Gale and Mr. Fred Kllis. gave a very
delightful concert at the Boyd theater.
Mr. Albert was In a most excellent and
mellow mood and played with that sym
pathy for which he has always been not"d.
In response to the applause of a most de
lighted audience he gave an an encore a very
touching arrangement of "Old Folks nt
Home." It is with gTeat repret that we
part from Mr. Albert as a soloist and only
trust that In the studio work he takes tip
he will find as much pleasure as he has !n
times past given to Ids hearers. .
Of Mr. Ofthm too much cannot be said as I
1.0 ms conscientious worn, nis pcnece ,ccu-
nique ana oeautirui conception or me coin
posers' thoughts. His rendition of thp
"Dedication," by Schumann-Liszt, In Ms
flrst series, the "Gavotte" of Gluck-Brahnis
o.r.d the "Polonaise" of Paderewskl In the
second S'Tles, iwere all given with wonder
ful style and finish, proving In his versa
tility his right to rank with the real artists
of the present time.
This was Mrs. Gahm's flrst appearance ns
professional and most nobly did she
acquit herself, playing her beautifully toned
and picturesque harp with a charming ease
of manner and delicacy of touch, showing
the result. of the hard work she has been j
doing under the Instruction of Slgnor En- :
rieo Tramontl. The "Welch Melody" was
very much enjoyed. Her friends remem
bered her ln that best of ways, by deluging
her with flowers.
Mrs. Kate Norcross Gale ia a new addi
tion to the ranks of Omaha's sopranos. She
possesses a mezzo voice of very good range,
which was at Its best In the song of Pas
eard's "Good Day, Marie." As an encore
she sang In a very delightful manner "Love
is a Bubble."
A much felt need In Omaha of a fne
basso-baritone has been supplied by Mr.
Ellis, who has one of those absolutely true
voices, which nothing can shako from the
pitch, having besides a tender and sympa
thetic quality, which. !n addition to h:s
thoroughly artistic manner of singing,
makes his appearance as a soloist a delight
to bis audience. His rendition of "Ocdlpe
Colone" was very dramatic, and ln the bal
lads he sang to equal advantage.
Taken as a whole the eoneert was up to a
high mark of professional work, only prov
ing what talent we have right here In our
own city that we have but too seldom
John M. Genrln of Orenon Sworn
After Discussion of Form
f Certificate. '
WASHINGTON. Dec. IM.-John M. Gearln,
the newly appointed senator from Oregon,
was present In the senate chamber today
when the senate convened. His credentials
ton. but before he took the oath of office '
J V. I ..,,11..... . f .. TT. .
Mr. Burrows, chairman of the committee
on elections, Interposed an objection, say
ing that the certificate of election was de
fective in that It was provided that Mr.
Gearln shall serve "until his successor is
elected." He said that the governor had
no constitutional right to place such a
restriction upon his appointment. He,
however, withdrew the objection after Mr.
Spooner and Mr. Toller had auggested that
the certificate Is not without precedent.
Mr. Spooner agreed that the words ob
jected to were surplusage, but pointed out
that they do not invalidate the appoint
ment, which, he said, was regular ln other
Mr. Gearln was then escorted by Mr.
Fulton to the vice president's desk, where
the oath of office was administered. Mr.
Gearln took a seat on the democratic side
of the chamber. He is the flrst democrat
to occupy a seat In the senate from
Oregon since 1887, when Mr. Slater retired
from that body.
The bill extending for one year the time
allowed the Council City and Solomon
River railroad of Alaska for the comple
tl in of Its line was passed.
At 12:3d p. m. the senate went Into ex
ecutive session and at 1:10 p. m. adjourned
to Jrnuary 4, 1906.
With adjournment for the holidays on to
day's program, .only a few members were
In their places when the house met. Noth
ing of moment was Httempted and - the
house adjourned until January 4. The ses
sion occupied ten minutes.
'resident and Mm. Roosevelt Knter
aln I nMnet Members and Wives.
WASHINGTON, Dec. 21-The president
and Mrs. Roosevelt save their flnr fr.rnmi
dinner to member of the cabinet and their
wives and a few invited guests at 8 o'clock
this evening. The dinner was in the slate v"r l,m hird!' wl" he entered, besides
dining mom. Following were the guests: numDr,es cats and a few dogs, warranted
Vice Presldeut and Mrs. Fairbanks, 8r- I not to DarK- Judge Thompson of Amity,
retary of State and Mrs. Boot, Secretary I Mo., a noted judge of good birds will dl
"I &'la.,'Jtt;n'i th? awards. Many towns besides
! Moody. Postmaster General and Mrs. Cor -
teiyou. secretary or the Navy and Mrs.
Bonaparte. Secretary of Agriculture Wil-
son. Secretary of Commerce and ljilior and
Mrs. Metcalf. Secretary Ixieb. Colonel and
Mrs. Hroinwell. Senator and Mrs Spooner
reaentHtlve I.ongworth. Former Secretary
ana sirs, mui Morion, rormer rostmaster
General and Mrs. Ho her I J. Wynne, Mrs.
I onrworth. Mis. llnlison. Mrs. Slater. Miss
Roosevelt, Eliot Gregory and Lieutenant
Leave Ultra to Print Cotton Speeches
and Adjournment Taken.
WASHINGTON. Dec. n.-There waa but
a ten-minute session of the house today,
when the holiday adjournment until Janu
ary 4 was taken. Two speeches, on at
tacking and the other defending the cotton
cmp estimates of the government, were
to have been made, but permission waa
granted to print these speeches In the
Bee-ord. Mr. Pavno announced:
"Our oratory seem to have been ex
hausted," and without extending further
invitation to any member for a speech th
adjournment was declared by the speaker.
Nominations by President.
WASHINGTON. Pec. -The president
texlay sent the following nomination to the
Register of the Iind Office at Iawton
tiki. Henry l Mcknight.
Receiver of Public Money at Iwton
I'M. -A. W. Maxwell of Missouri.
I idled Suls Attorney Thomas B
l-a'hanu central dislrKk ui Indian
8uit Against 8 trie t Railway Oomptnj to
Eiforee i'y Ordinance.
C harles M. Tracy Lodae Complaint
vrlth City Attorney aad tctlon
Will He Had to Teat the
l.arr at Oirr,
Charles M. Tracy, a carpenter living at
741 North Twelfth street, riled a deposition
In the city attorney" office through whom
the OmtOiH & Council Bluffs Street Rnll
way company will be sued under the ordi
nance passed In South Omnha on July 3.
If'Ci. The object of the case is to test the
validity of the ordinance, and If posslhl"
compel the street railway company to Kne
transfers to its connecting lines within
the limits of South Omaha in each direc
tion. Mr. Tracy is an interested oartv.
.incp lie na. to pay double fare from his
home to all points on Twenty-fourth street
north of Missouri avenue and a double far-;
in the reverse order when he returns home.
Many complaints have been made to the
street railway company, all of which have
been Ignored. Not only this, but the com
pany has never given the slightest heed
to the ordinance pnssed last July. Mr.
Tracy has collected evidence which will
make his case good, provided the ordinance
is valid. The assistant citv attorney will
nave c,,ar(tP of ,h( ca,p Tht, pr(1,pt
Omaha ordinance was copied fror
men from the
Chicago ordinances, which have been
carrled to the supreme court of Illinois and
proven valid. The second section of the
ordlnanco provides a renalty of from 0
to UlO for each and evt-ry breach of the
ordinance as prescribed In the flrst sec
tion. Maher and Ford Held for Trial.
The defendants to the charges of robbery.
James P. Maher and Michael Ford, ap
peared for trial at 10 o'clock yesterday
morning and both waived preliminary- ex
amination. They were bound over to the
district court. It iu expected thev will
I tlil-A tlifi !. 1 I eri a . .
' """uilr' lne D"nas
.W'"re fixPd ln " ' the three
'"Zt . w l
. " . .... rl lnarea ntlv'
lug robbed the Rybin saloon at Albright,
was brought to trial in the afternoon.
John Rybin and a boy named Johnson
testified against the defendants, and the
evidence produced was sufficient to have
the men bound over to the district court.
Morrissey was placed under tl.OOO bond
and Ford under 000. The difference was
because of the other indictments standing
against him, making a total bond for Ford
of $2,000.
Other Bayers Want the Bonds.
A flood of letters poured Into the city
clerk's office yesterday from eastern pur
chasers of South Omaha securities. All
were asking for Information with regard
to the sale of the city hall bonds to
Spltzer & Co. last Monday night. They
wished to be enlightened as to the nature
of the transaction. The clerk answered
In all cases that the sale was made to
Spitzer & Co. ln accordance with the old
bid. Spltzer & Co. were third In the matter
of favorable bids, and as the other two
companies failed to appear to renew their
bid the bonds were contracted to Spitzer
Northwestern Pays Taxes.
A representative of the Northwestern
railroad paid the taxes of that company
Into the funds of the city treasurer yester
day afternoon. The amount was $:T4.55.
It was paid . without protest. -
Wife-Renter Fined.
The case of Addle Lawer against her hus
band. Frank Lawer. was called again yes
terday morning and the evidence for the
d-fense waa taken. The man failed t..
' 'A J'? . w" '""ent of the bruUl
, - "iiv nun r an uiiru 919 aiJU
costs by Judge King. '
Held for brand Larceny.
Ed Demmltt and Lovle Terry, 131 North
Twenty-sixth street, who were arrested
Wednesday night on the charge of va
grancy, were held yesterday on the com
plaint of Tom Minns of the same address.
Ho says that the pair entered his aisirt
ments Wednesday night and stole $20 In
cfsh. three suits of clothes, his watch and
other jewelry. The estimated cost of the
articles taken was $113. The pair will have
to face the charge of grand larceny.
Proa-ram at Hlarh Pchool.
An excellent program was rendered by
the students of the high school yesterdiy
afternoon. The occasion was the formal
presentation of a number of fine pictures
and engravings and two companion budts
of Venus and Aiollo to the school by the
Latin departrr it. The efforts of the young
people were finely Hpplauded by the lis
teners. Outside if the high school Itself
the violin solo by Miss Edna Rudersdorf,
accompanied by her sister, was highly ap
preciated. The two young women are
ulumnao of the school and are now in the
State university. Mrs. 8. R. Towne of
Omaha gave a pleasant talk on the sub
ject of art, and one of her statements was
that the American school should be dated
from the Centennial exposition In Phila
delphia, In 1870. Since that time It haa be
come a positive and distinct school with
a character all its own.
Plan for Poultry show.
C. H. Grundy, superintendent of the Trl
City Poultry " association, makes the an
nouncement that the people of South
Omaha are to be treated to the finest ex
hibition of up-to-date poultry that has yet
oeen presented, during the time from Jan
UBry 2 t0 5' Thl" exhlnit 'IH be In the
A. ...Ian T ' : . I . ,
i Anient Order Vnited Workmen temple
' m"ha' 8ou,n niha and Council Bluffs
win oe represented. Special medal and
ribbon have been offered by the various
1 . ... i ... . various
Poultr cluu- There will be plenty of
music around the temple. H. B Flehartv
ne would not "urprised if om'e
game cocks
broke loose during the
exhibit. On the evening of January 4 a
great banquet will be served a a fitting
close of the entertainment. It la not up
posed, however, that the guests will eat
all the birds.
Why MrPheraon Resigned.
It I stated that the reason of T. B.
McPherson retiring a caahier of the
I'nion Stock Yards National bank is the
increase of his personal business. He Is
Interested In cattle, coal. land, mine and
other Investment te such an extent that
these take much of his time. His work In
the bank haa given the highest satisfaction
to the management and under his control
the capitalisation ho Increased from
jao.MO to U', with a urplu of wo.ono.
No successor haa been suggested as yet.
His successor alii not be named until
January 10.
Mr. MaJlaader Dead.
Mrs. Caroline Matlander died yesterday
afternoon at St. Joseph hospital, Omaha.
She was on of the pioneer of the city
and mother of Joseph Matlander of Sarpy
Mills, also of Mr. August William, he
being chief of the tire department of
Armour Co.. and Mr. Anton Baumelster.
These children were with her whan ah
died. Tbera ax three other aona. who will
be here to atUud th (uncial, which m
be held Psturdse morning at 9 o'clock
from St. Joseph's hospital.
Tearhers' Examinations.
The following Is the order of examina
tions to be given In this city beginning
Wednesday. December 27. It Is expected
that a number of the ftmth Omaha teach
ers and those who exreet to become teach
ers will take the examinations: -Wednes-day
forenoon, arithmetic and geography;
afternoon, grammar, penmanship, music.
Thursday forenoon, physiology, theory and
art of teaching; afternoon. English compo
sition, orthography and drawing. Friday
forenoon, reading and history, afternoon,
civil government and physical geography.
The examination hours will be from to
12 and from 1 to 5. This examination will
be conducted in the high school building.
Magic Clt- t.osaln.
J. Coughlan of Mount Pleasant. Ia., is a
guest of 8. L. Winters.
Mr. and Mrs. Burton K. Wileox. i31 J
street, ar rejoicing In the birth of n daugh
ter. It Is their f ret child.
A number of the parking houses are pre
paring Christmas gifts for their employes
and many have already been re.-eiwd.
njom lodge No. P, Independent Order of
Iklngs. will elect officers for the rnsulng
ye:ir at Masonic had tonight. The mem
bers anticipate a lively time.
Pouth Omaha csnip No. Iii9f. Modern
Woodmen of America, will give nn enter
tainment and social at their hall over the
South Omaha Nitional bank Thursday,
December 2S, followed by a dance.
Mrs. H. C. Richmond, head of the depart
ment of music at the State Normal school
st Karney, and Mins Fannie Siabaugh.
a student at the normal, daughter of Dr.
Slahaugh of this city, have returned for
the holidays.
A ease of scarlet fever was reported
Thursday morning at the home of "it. T.
Peters, ln-j Noiih Twenty-sixth street. Mr.
Peters' Utile son, Harry, a boy of s. tins
the disease. The house lias bceri placed un
der quarantine.
The last rites of the Masonic burial
service were celebrated over the remains
of Harry N. While at Masonic hall yes
terday morning nt lii:jo. The ceremonv
was attended by the relatives and friends
of the dee-e.seu. The Ixniv was taken to
Council Bluffs.
Charles hairy of St. Joseph. Mo., visited
the exchange yesterday afternoon He was
inlreaiucing Mr. e hurehill. who is to re
lieve Mr. Parkhurst. general agent to the
Chicago Great Western railroad In Omaha.
Mr. Parkhurst goes to Kansas City, where
he takes Mr. Churchill's former sitlon.
The postoffle-e will be open next Sunday
from 11 a. ni. to 1 p. ni, a full complement
or carriers will he present to assist In
1 the general delivery of the mall. The reg
istry and general delivery windows will
be opened so that Ittoplc can get their
Christmas letters and puckiiges. On Mon
day the postofllce will be closed at 10:J,1
I a. in.
The three prisoners suspected of robbery
I committed here, John Morrissey, J. P.
I Maiier and Michael Ford, were taken t
I the city jail at Omaha yesterday after
noon. It Is likely thut they will" be nr
' raigned In police court there to answer
to the charge of robbing the Haiise-om park
I e-ars two weeks ago or more. It is said
that some of the car -men were able to
i swear to the identity of the prisoners.
W. J. C. Kenyon and a number of proml
. nent men of the Stock exchange went
Wednesday evening. t Chicago to attenl
the fat stock show now in progress In that
city. A much larger number than this
flrst party went last night. One object of
so large a delegation is the fact that a
similar show is to be held in South Omaha
next year. The delegates expect to get
pointers for the event here.
'Ian Who Hold Ant -Woman' Right
Views Get Too Close to
She is very mode-st and retiring, though
holding a public ejfflce, and though Inter
ested In charity to a certain extent, she
shuns publicity. Over her vigorous pro
tests, her name had been mentioned ln a
paper in connection with her charity work.
She was nn A Knuth Omaha r-a r V,
J for the home of some poor people she was
helping. He was on the same car and sit
ting next to her reading' about her charity
work. He didn't know hr and neither did
she know him. She was anxious to know
I what the people thought of a girl's name
being mentioned In the paper In connec
tion with charity work, Finally she said:
"What do you think of a woman who
would allow her name to bo published that
way?" and she pointed to the article he
was reading.
"I don't think much of her," he replied.
"It Just shows a woman will do anything
to get her name ln the paper."
She gasped and he soon learned she wa
the woman ln the pHpnr.
Without another word he pulled the liell
rope and Jumped off the car.
Colonel Cody Talk of Irrigation
Work Sear Town nmed
for Him.
Colonel William F. Cody arrived in
Omaha last evening and went to the Mer
chants' hotel, with him came a party of
young men from Cody, Wyo., who are
making a holiday trip. Mr. Cody Is en
route to spend Christmas with his only
remaining daughter, the wife of Lieutenant
C. C. Stott. who is stationed at Fort Ogle-
, thorp, near Chattanooga. Tenn.
! "The government Is doing great work In
reclaiming arid lands ln Wyoming." said
the colonel to a Bee rejiorter last night.
"Se-veral hundred men are employed on
the work of irrigation In the country sur
rounding Cody, and the largest dam In
the world is being built within four mile
of the village, over the Shoshone river. 1
Deueve that this land will be the most
productive in the world after Irrigation
plans are completed."
Colonel Cody will leave today for Chat
Adopt Method of l.aaghlna I'aae
Against III. Client Ont
of t'anrt.
Arter a six-hour session, without agree
ment or uny chance, thereof, the Jury In
the case of the Powell Automobile company
against the street railway reported to
Judge Redlck that an agreement waa im
possible. Thev were thereupon discharged.
Thl outcome of the case wo not un
expected by those who watched the trial
Mr. Connrll. for the street railway com
pany, adopted the tactics or laughing the
plaintiff's cas out of court, after flrst
taking care to assert that there wus really
no case made out. His play on "the men
who take their Juggernaut' out of the
garage, then give them in charge of the
chawtoor' and take their sats n tne
tonneau." convulsed aome of the Jurymen
until th tear flowed. It wa hard even
for the court to keep a straight face during
Connell addreax to tli Jury.
Net a nili.ute should b (c; when a
child shew symptom of croup. Cham
berlain' Cough Remedy given as soon a
the child becomes hoarse, or even after
th croupy cough appear, will prevent th
attack. It never fail and I pleasant and
eaf to take
Erie Hallroad.
No change of cars Chicago to New York,
Boston, Mot.; Buffalo. N. Y., and Colum
bus, O. These train carry splendid Pull
man and dining car and coaches. Apply
to Ticket Agent or J: A. Dolan, T. P. A.,
Railway Excltange, Chicago.
Set ling. Frenzer, 15th and Dodge.
Turauois birthttone, Edholni, Jeweler.
City Cltrk Will 1 Stuck if H leui
Union Label fcnit.
letter Wrote Ont Opinion on the
Matter mil K.lhoarn Then
Paid (in To with tssr
And It may come to pass In ttiese stren
uous FJhourn-Breen days that If the city
clerk loses the mandamus suit brought
against him to prevent him Including the
provision that all city printing must bear
tiie union label In his advertisement fcr
bids, be will have to pay the cost of the
suit. City Attorney Preen expressed such
an opinion.
Th battle royal now going on between
the two has had a very depressing effect
on the entire city hall and an effort will
be made to settle the differences between
the two before the glorious Christmas, so
that the immortal msxim of peae-o on earth
may be reallzel. But In the meantime
Mr. Elboiurn hus a suy coming. He heard
Thursday morning Mr. Breen Intended
to write him a letter of a scorching na
ture (which Breen denledi and that gave
him the inspiration to explain:
"I underhtand Breen has fixed me up a
couple' of opinions on that lubel business.
Wellt when I want anything from Breen in
the way of nfi opinion I will ask for it. 1
Inve run this office during the incumbency
of three different city attorneys and I have
had to sit down on every one of them.
As Bill Klbourn, a private citizen, 1 might
say that resolution Is of no effect, but as
William F.lbtnirn. city clerk. It is not my
province to hold a resolution passed by
the council in bail and I don't intend to
do It."
Opinion I Mend).
"Mr. Elliourn'r orlnlon is on the disk
in there and he can get It when he conns
after it." said City Attorney Breen.' "He
talked oyer the matter with Mr. Herdmun
and said he would follow the advice of the
department if we would give hi in a written
opinion. When Mr. Mahoney came Into
ce urt to get his restraining order I told hisn
what Klbourn had said and he agreed to
wult until I had seem El bourn ngnln.
"I failed to connect witn Klbourn and
Mr. Mahoney flled his suit. Mahoney told
me he had waited, and as I failed to cull
him up he culled up Klbourn and talked
with him. Klbourn. he said, told him lie
didn't want any advice from this office or
from any ono else, so Mahoney flled the
suit. If EllHiurn loses the suit the costs
will certainly be taxed to him. and If the
city doesn't have to pay any costs 1 will
be stttisiled."
Kflortn of Property Owner to Mate
Off Track Kserted la
Coort Trial.
After the attorney hod stipulated a to
the facts involved in the Goldsmitb-Krug
injunction suit against the Union Pacific
to prevent the laying of tracks at Elev
enth street and Capitol avenue, argument
proceeded before Judge Troup Thursday
Attorney W. H. Pennock. associated with
Isador Zlegler, for the plaintiffs, admitted
that If the railroad has a franchise for
the use of the streets at the point In
question, then plaintiffs ought not to pre
vail, but It is th contention of plaintiff's
attorneys that the road has no such
franchise, only a city license or ordinance,
and so should be estopped from "irre
parably damaging" the property of Gold
smith and Krug.
In his answer for the railroad company,
Edson Rich set up that the company did
not admit anything a to tt.e ownership of
the property In question, but did admit
that Goldsmith occupies the building with
a saloon. The answer says the room
over the saloon are. to the knowledge of
plaintiffs, occupied by prostitutes, who
carry on an unlawful business. It is al
leged in the answer that the railroad Is
proceeding under authority granted by an
ordinance passed by the city council on
December S and 12.
In his argument Mr. Blch contended that
In any event the railroad 1 among the
corporations that have the right .to the
use of the streets, within reasonable
limits, when necessary to the conduct of
their business, even against the protest
of property owners. He pointed out that
1 the extension of tracks being made at
I Ninth street and Capitol avenue will not
m 1,,uMa ( Vi M uidu all 11... . i 1 1 I
' " -" " " ' ,,! mm Will l(t V
ten or twelve feet of space between a
passing car and the Goldsmith saloon.
Mr. Rich effectively .called attention to
the fact that the advent of the track
meant the complete transformation of a
district whose only Industry is prostitu
tion of character into a district of laud
able business enterprises, ueh a would
be a boon to Omaha.
At the conclusion of the arguments the
attorney for plaintiffs agreed to submit a
brief to the court on. Suturday. Mr. Rich
said he would submit a reply brief next
Monday. Judge Troup will give his decl
I sion after reading the briefs and mill not
dei ty the ruling any longer than necessary.
Former Xebraskan lp on a
Charm of ftahornntlon
of Perjury.
Ami Todd, formerly of Plattsmouth, but
now In Denver, waa rearrested Thursday
in the latter city on a new charge of
subornation of perjury In connection with
the fraudulent land filings In connection
with the Bartlett Richards and W. O. Corn
stock enclosures, and was bound over to
the federal grand jury to meet at Omaha
in May, J, in the um of 15,000. Todd
Is already under bond of $2.0K) on a former
charge for like offenses.
I'pon the Instigation of the special agent
of the land department, who are investiga
ting the fraud, a warrant ha been sworn
out for the arrest-of George Patten, now
in Kansas City, for subornation of per
jury In connection with th'e V. B I. ranch
and Bev. George O. Ware cases, ratten
formerly lived at Brownvllle, Neb. He will
be arraigned upon arrest before the I'nlted
State Commissioner at Kansas City and
bound over to the May term of the fuderal
grand jury for the Nebraska district.
Great Western General Aaeat Usri to
Kansas City to Uok Ont
for Grain.
a. D. Parkhurst, for the last eighteen
months general agent of the Chicago Great
Western railroad at Omaha, has been ap
pointed grain agent for the ome road at
Kansas City. He will be succeeded at
Omaha by H. H. Churchill, formerly chief
clerk to C. R. Bern', assistant general
freight agent at St. Joseph, and up to this
time also holding the position of grain
agent at Kansas City. Mr. Parkhurst left
Thurkday night for St. Paul for a few
day and Mr. Churchill, w. ill arrive today
I to asuiu th amies of his new offlc.
"Haey Brows" at the Kmc.
laughing, dancing, singing, sparkling.
'Nancy Brown" tripped across the stsge
t the Krug theater last night, an t made
good. What If we do not know any of the
people whose names are listed on the bill as
the principals? We surely know when we
are pleased by the work of the folks on
the stage, and that bunch must have
pleased us or we wouldn't have laughed
as we did, and clapped our hands and
otherwise have encouraged them to greater
exertions. It Isn't the biggest company
ever seen at ,ne , neater, nor trie oesi. mix
u in i gouei urbanization, is imuiirn ou :
snap and energy, and gets the ginger Inte
the action of the piece Everything comes
quick, a It should With s piece of the sort,
anel It nearly all comes right, so that the
vei-y Wst effect Is achieved. Some new
stunts In the way of chorus formations and
sts-ge pictures are given, none of them
especially wonderrul, but all pleasing In
the highest degree.
Mary Marble, who is heading the com
pany, doesn't look It, bui demonstrates
that she Is the possessor of a wholesome
fund of humor, s good conception of what '
fun Is, and above nil has a Voice thot 1s
pleasing, both In conversation and song,
and which she uses with excellent effect.
1 The songs she sings are simple enough.
but they are well sung, and that Is much
nnre to be desired than an ambitious
effort only partly achieved. Florrle Clem
nts, th soubretle of the company, etso
has a melodious voice, and Is further the
captain of a pair of nimble feet that caper
right daintily ln connection with one of the
many song hits of the bill.
OslKirnee Clrmrinn slnfrs two solos in a
splendid baritone and was awarded last
nluht by many recalls for his work. Wil
liam C. Mandevllle is the chief funmaker
of the outfit, and Is n continual provocative
of laughter, his supernaturally lugubrious
all- and manner and the songs he sings In
a sepulchral voice being his strong points.
Ben Lodgu and Robert H. llartry. his
coadjutors, are also good. Frank Craven
Iliads a fine comedy Freiie hman and David
Audrnda is an excellent copy of Joe Coyne
in the reile of an Englishman who Isn't sa
silly as he looks, ln the company are
others, all of whom are Well fitted for their
work. This is e specially true of the chorus,
which Is not only good to look upon, but
pluawtnt to listen to. "Nancy Brown" will
remain the rest of the week, with a matinee
on Saturday.
.New I nlted Mate Marshal IH-cllnes
to any Whom He Will
t'nlted States Marahal W. P. Warner of
Dakota City, appointed as the successor to
T. L. Mathews, arrived In the city Thurs
day morning and Is at the Her Grand. Mr.
Warner was aaked In reference to the re
ai'niiMieiii ui inc presenc lorce or deputy
I see such a report haa been enl out
from Dakota City. I hav nothing to y
about the matter Jut now. I have not
been officially notified of my appointment
s yet. nor have I received my commission,
not have I executed my bond. Conse-
quently It would be Imprudent for me to
say anything Just yet. I will visit the
marshal office thl. afternoon, but I cannot
take hold until I have been officially noti-
fled of my appointment. I shall go from
hero to Lincoln this evening. My visit here
Is an Informal one and I mut be excused
from esjing anything Jut at thl time."
Thlrty-Mne Tenr Ago Mnety-Ttiree
White Were Killed nt Fort
Phil Kearny.
Thursday wo the thirty-ninth anniversary
of the massacre of ninety-three men of the
Twenty-seventh I'nlted State Infantry for
second battalion of the Eighteenth infan
try), a small detachment of the Second
I'nlted States cavalry and five citizen near
Fort Phil Kearny, Mont, fnow Wyoming!.
The tory of the massacre has been fre
quently trld with more or less false em
bellishment until the real fact of the '
massacre have almost been lost in the lapse
of year. At present there are but two
men In Omaha who were present at the
fort at the time of the tragedy. One of
Mies Is Morris Barnes, a member of the
Boyd theater orchestra, then a member of
the Eighteenth Infantry band, and 8. S.
Peter, at that time a member bf the
Eighteenth Infantry, now a reporter for
The Bee.
First Volume of the Great Work la
Off the Press and Being; De
livered to nbserlner.
Volume I of the Morton History of N-
I braska I off the presi and la being deliv
ered. It is a handsome quarto volume of
781 page, profusely Illustrated with steel
I plate engravings and half-tone picture
' of prominent Nebraska men. This flrst
volume deal with Nebraska from the
earliest exploration up to the admission
ofth..tea.amemberofth.Cn.on. Twu
hundred pages are devoted to biographical
ketches of prominent citizen. Two addi-
tlonal volumes mill fotloar t.MI .1.. .
Ueinal volume mill follow, telling the tory
ui me nut ince nn namission to the
present day.
Missouri Business Houses.
S EDA LI A. Mo., Dec. il. Fir today de
stroyed the Katie building, occupied by the
Hale-Klbbey Dry Goods company, causing
a total loss of rrS.Ot). The building wa
owned by K. O. Cussldy, whose loss la
tnO.OtM. and the stock by E. V. and E. B
r..L?r u . . . '
White, who sustained a loss of W,U. The
small store adlolning suffered minor
Casino at Me.
NICE. France. Dec. 21. A lira early to
day partially destroyed the Casino shortly
after the departure of a gay night party.
There were no casualties. The loss Is esti
mated at 120.(1(0.
TECCMSEH. Neb.. Dee. .f8pec!al Tel
egram.) Rev. Wesley W. Baniea and Ml
Katharine Chittenden, well known young
peopl of Tecumseh, were married at tha
home of Bishop William ln Omaha this
Olgantl t'ousprraey.
"lis a gigantic, conspiracy, of cough,
colds, to., against you. Foil It with Dr.
King New Discovery, to cent and tl.WX
For sale toy Sherman McCounsU Lru
Mr. Koala Attempt gnlelde.
Despondency over domestic trouble is ui.i
to haVe been the cause of the atternut of
Mr. J. Koats, filKU North Sixteenth .i,e,.i
to take her own life at H o'clock last night.
The woman drank n ounce and a hair i,r
laudanum, but wa discovered in tiie act
t.y members of the family, who notified the
.police. Dr. Langdon and Cox were ent
to the house, and. after working over the
4 case for three iiuurs, had the noman mil
I of danr.
"Teddy Sunbeam: Little Fables for Llftl
Housekeepers." by Alhrtlne Randall
Whevlan. is a lok that Is sure to Interest,
as It Is made up of short stories, simply be
brightly told, about the faiulllar object Id
the home quaintly pel sonified; a book that
I suie to Instruct, as It tells of th health
ful cleansing influences of Teddy Huh
neflm' rs and leaches many practical re
cipes for ord'r and ) stein. Teddy drying
out the spot on the soiled dress; Teddy
talking to Miss Violet; Teddy talking to
Prine-e Wasteful; Teddy always active, al-
, nrl)fu, illuminating .every page. Will
soon become a household companion te the
lit tic renders. Paul Elder Co. are tha
"The Rose Primer.'" by Kdna Henry Le
Tiirpln. Is distinguished by the email
vocabulary of common words, the freqeieht
reviews, the short sentences, the. simple
language and phonetic exercises, and the
carefully graded and well-selected subject
matter. There are never more than two
new words on a page, and only 1! In the
book. The Illustrations are attractive and
helpful. American Book company are th
publishers. ,
in "The Runaway lionkey," by Mt
Emllle Poulsson, the tricky donkey. Barney
Gray, whose prank have already ar rusen
many children, I the subject of everl
of the rhymes of this new book. A ohante
ter to vie with Barney ia Pony Rollo, a
clever, though not as mischievous, as the
donkey, other rhymes tell of the doing
of birds and beasts In a way to please the
fancy and arouse the sympathy of the
children and to gratify the love of animals
which is so strong In childish heart.
Mr. L. J. Bridgman's drawing accord
capitally with the verses, bringing Into
siieclal prominence the element of fun,
which is stronger ln this . than in Mies
Poulsson other books. The book la pub
lished by the Lothrop Publishing company.
"Stories of Great Musicians," by Kather
Ine Lois Scobey and Olive Brown Horn,
treats of the ten gTeat master of music
ln simple form.' The musician whose live
are briefly described are Bach, Handel.
Moxart. Haydn, Beethoven, Mendelssohn,
Chopin, Schumann. Schubert and .Wagner.
A portrait of each Is given and several
other Incidental Illustration ornament th
book. Published by the American Book
Above books at lowest retail prices.
Matthews, 133 South Fifteenth street.
Michigan Foot Ball Coach Think
Might Chnnae Are Necessary
' If Bale Are Bnforeod.
DETROIT. Dec. ei. Yielding ' H. Tost,
coach of the I'nlverslty of Michigan foot
' tn
eleven, tonight mailed a letter to
Walter Camp, chairman of th foot ball
, ruIpl, committee. regarding proposed
chllnK ,n tns r,,,s. ca,ach Yot ehews
disinclination to agrc with Mr. Camp thai
,n( tMm navn)i po.aeai.lon' of the ball
! mu(,t adv,nce It ten yards ln three down,
Vol BUBte.ts allowing art the down Mr
the re,ulf,lte , yarte. The 1, of thr
jown)1 for , To,t wouM in
a Kame between two well matched team
a,v,,0p a mor pun,ng duel,
i olh(.r Huggestlons made by Coach To.l
ar(l M fo!!ow!,:
Allow Ave men back of th line of
Do not abolish the low tackle, but legis
late against the double tackle.
Let the rules stand as at present, s
far as roughing is concerned, but make
the officii Is enforce them.'
Have the officials named by a central
appointing beard
Make the time of halves thirty tnlnut
Instead of thi present thirty-five minute.
Regarding roughness In the game Coaoh
Tost says:
In the entire1 history of foot ball at
Michigan we have never had a man seri
ously injured In practicing the game. Re
garding brutality on the field, I can only
coincide most heartily In your view. N
punishment Is too severe for such an
offense. Disqualification is not unreason
able. There are enough clean, able player
In every school to make up an eleven that
con play the game a gentlemen should.
Patrick Reynold of Philadelphia
-Die After Blow Behind
' the Knr.
PHILADELPHIA. Dec. a.-Patriok Rey
nolds, ii young man living In th aouthera
part of the city, died suddenly tonight
while boxing with . Frank Shgnahan. a
friend. The men are member of a club
and were having a friendly bout, whea
tihanahan struck Reynold behind th f.
The lutter sank to thn floor and became un
conscious and dld before a doctor could be
summoned. It is believed hi death wa
due to heart disease. Shanahan haa been
detained by the police pending an investiga
tion by the coroner. '
Prisoner Become Hysterical.
Martha Miller, who cume to Omaha freiiw
Pennsylvania, wa arrested at I o'clock
last night in a downtown department
tore hv Patrnlriian U-ll mnA lubul .-.a
at the atallon, charged with larcenv. A
few tnotucnts after being placed In a cell
.nX'tely atSd".'' 5
hi" assistant, but at an early hour thl
",ornlnlt she waa still suffering. The at-
ta,:lt wa" of Violent, convulsive ChrC
ter, requiring constant attention. To
woman unerei a ilk attack aome week
ago, remaining in an unconscious state for
several day. She I about 'J6 year old
and live at 1520 Webster street.
Celebration of Ussskksk.
The celebration of Hanukkah, ur th
feast of lights, will begin Friday evening
ot Tcnv-le Israel and continue for eight
days. This festival marks the anniversary
of the victory of the Maccabees under
Judah over Antinchus and the Svrlana.
Candle are lighted in all Jewish 'homo
and special services are held In the tern-
i P.1?' I'o',dav 'Hnitn.i oofk KahW
I Conn will speak on "Our Debt to, th
Maccabee." There will also be services
8aturday morning ut 10 o'clock, and Punday
morning at me same nour mere -Till t a
literary and musical program by the chil
dren of the Sabbath school.
Iand In the Panhandle.
Omaha and Nebraska men hav Aouglit
60 M acre of land in the Panhaudl of
Texa for apeci iitlon. With A. P. Culley
of Letup City and M. Mathiesen of Omaha,
respectively, president and secretary, they
have organized the Panhandl Land and
Investment comnnny and located at 407
Brown block. Charles Brown la a mem
ber of th company. Mi. Culley, who ha
returned from Texas, think the Panhandl
bas flattering prospect.
Mraggler Ha Plenty of Money.
Patrolmen W. R. Wilson and Heller
picked up a man on the streets last night
who gave his name and address a Daniel
Corey of Portinoutli. Ia. When searched
at the station, bili and currency te th
mount of friit 30 were found in nl pockets,
there being six fl( hills and the rest Iu
smaller denominations. He wa locked up
on a charg of disorderly conduct.
W. O. Paxton, who ha been scrluualy
ick for a week, I b tier.
J ul ire Vtnsonhil"r has hound Carl Keller
of Benson over to keep tiie peace under a
bond eif i-1 Keller waa charged with as
sault and threatening by Alfred Richard.
b''"ilant I a Hon of Justice of th Peace
I Kuhy P. Radley is suing John P. Kadle-y
for divorce. She allege that he I given
to excessive drinking, treat her cru"llv
and expresses doubt of the- paternity of
1 their one cl.ild The eupl were SMUTlasV
j iu ymalia in 6nenibert iA