THE OMAITA DAILY BEE; SATT.T?DAY. APRIL 14. 1P06. 3 Railroads may get boost Increased Earnine Should Brine Increase in Assessed Valuation. MICHIGAN CASE FORMS BASIS FOR WORK Board Mffli First of Mar and Mem bers Have Already Dcra atodytns; the Report Which Hat Been Filed to Date. of state and the state auditor to the other offices, and as thfjo two officers have to sign the vouchers and approve them they have the power to enforce the hunch. Some of the officers use messenKer boys to the extent of several dollars a year, while others have never called one. (From a BtafT Correspondent ) LINCOLN, April 12 (Hpecial.)-The at tention of membera of the State Hoard of Assessment has been attracted to the great Increase In the net earnings of the T'nlon Pacific railroad, as shown In Its report filed with the secretary of the state board, and It li going to take some tajl argu ment on the part of the railroad represent atives to convince tin- members of the board that the road Is not worth more t tin 11 It was a year ago. So far only the T'nlon Pacific, the MIs Siiiirl Pacific and the Santa Fe have filed reports, but It Is presumed the other roads will show an increase In revenue, as have those which have filed. This will likely mean that all tlie roads will get a material boost at the bands of the board. The report of the Union Pacific ahows that road has made an earning; of some II. von a mile for every mile of track It has In the state over what It earned In 190S. lis earnings, as shown by the reports, Increased In 1904 over 1VQ some 11,100 a mile, whllo this year over 1904 shows an Increase of some fTOO a mile. The board will meet the first of May and some members of the board at least havo already become familiar with what Is contained In the report and will be able to act promptly and Intelligently. In discussing the assessment of railroads this morning Governor Mickey gave out the Impression that lie would stand for a material Increase In the valuation of rail road property over the assessment of last year. "The decision In the Michigan case," said Governor Mickey, "shows State Hoards of Assessment have greater , discretion than the Nebraska board has ever used. It will bo of material benefit to state boards in considering how to get at the value of a railroad corporation. I have written for a copy of the opinion and will get one Just an soon as It Is printed. "There Is no use of the railroads com plaining about their taxes being too high when their net earnings show how much money they are making. The time has come when the railroads of Nebraska will have to pay their Just share of taxes, and there Is no use of them fighting that propo sition. They might Just as well come In and pay up like the rest of us. Other property In this state has been assessed at lta full value and the railroads never have. I think the time has coma when they should bo put on the same plane as other property." In his talk the governor Indicated he would be In favor of an Increase In the assessment ot railroad property this year If the reports of the other roads ahowed any Increase In their net earnings In the tate as did the Union Pacific. Mitchell Appeals to Governor. Constable Mitchell, the only colored man elected In Lancaster county on the republi can ticket, has appealed to Governor Mickey to get him to stop Constable Hunger from acting as constable, or re sign as deputy game warden. Mitchell said be could not get any work In the constable line because the Justices' of the peace turned all of It over to the white con stables. Hunger Is one of these and Mitchell hopes to have him lose one or the other of his Jobs. As Hunger la the oldest constable in the county and only does work In that line when he ia solicited by the attorneys, the governor likely will not Interefere. Hunger la out of the city most of the time. Dr. Rpnldlnar Represents Btate. Dr. S. K. Spalding of Omaha, state health Inspector, has been appointed by Governor Mickey to represent the medical fraternity of the atate at the council of medicine at Chicago, May 12. Superintendent McBrlen went out to Crete this morning where tonight he will orate to a number of teachers. Deputy Bishop Is attending the district meetings and talking agriculture In the public schools. Officers Most Par Meaaenarers. State officers who have In the past been In the habit of calling a, messenger boy when wanting to get a message or a pack nge delivered, will In the future do the little stunt themselves, or pay the boy. This Is the hunch sent out by the secretary ondnr chool Workers Busy. COZAD, Neb.. April 13 (Special.) The Dawson County Sunday School association closed its tenth annual session here tonight. The convention opened last evening, with President William Findley In the chair. The aldress of the evening was delivered by Miss Mamie Haines, state superintend ent of primary Sunday school work. The convention opened again at 9 o'clock this morning. There were many delegates pres nt from all parts of the county. During t tie forenoon Miss Ilalnes delivered a very Interesting address on "Teaching and Teaching." At o'clock this afternoon Miss Haines addressed the school children, who came In a body from the public pchool to the church. The following officers were elected for the coming year: President. William Flndky; vice president, Mrs. S. W. Schoolcy of Cnzari; superintendent home department, Mrs. Kosennurg of Ijcxlngton: superintendent of normal work, J. O'll.ira of Lexington; superintendent of primary work, Mrs. J. B. Hughes of Coiad. Tho convention closed with an address by Ker. Mr. Stevens of the Christian church. Barber Bent to Asylum. KEARNEY, Neb., April 13. (Special Tel egram.) B. F. Walston waa examined by the insanity commission, adjudged Insane and ordered committed to the asylum at Lincoln for treatment. He will be taken there at once. Walston la the barber who left here some time ago and shortly after wards became violently insane at a hotel In Council Bluffs. Since then he has been kept In confinement there, it being thought a brother would come for lilm from In diana. The latter failed to put In an ap pearance, however, so Wednesday evening a deputy sheriff from Council Bluffs brought him to Kearney and turned him over to Sheriff Sammons. Walston has some real estate and personal property In this city and local authorities had to take charge of him. ' Missionary Society F.lects. FREMONT, Neb., April 13. (Special.) The district meeting of the Woman's Mis sionary society of the Presbyterian church closed yesterday afternoon, after electing the following officers: President, Mrs. D. W. Morrow of Omaha; corresponding secre tary, Mrs. J. C. Retter of Omaha; record ing secretary, Mrs. S. E. Carme of Omaha; treasurer, Mrs. P. J. Barr of Omaha; secre tary of literature department. Miss Maud Pillsbury of Fremont; aecretary of Sunday school work, Mrs. J. W. Angcll of Monroe; secretary of Christian Endeavor, Mrs. G. I Crlnklaw of Wahoo. Prospecting; for Coal. TABLE ROCK.' Neb., April 13. (Special.) The Table Rock coal shaft is now seventy feet deep and is progressing at the rate of four to five feet a day. A poor quality of coal has been passed and a four-inch vein of as good coal aa can be found any where Just underneath the strata of poor coal. Quite frequently in the process of excavation little pockets of gaa have been atruck. All of which goes to encourage the prospectera and leads them to think they are on the verge of Important discoveries. Pleads Guilty to Gambling, BEATRICE, Neb., April 13. (Special Tel egram.) 8. E. Nevans. proprietor of the Bee Hive restaurant at Wymore and bet ter known aa "Wenles," waa arrested to day at Wymore on the charge of operating a gambling room. He pleaded guilty in police court and was fined $10 and costs. which he paid. It la said that the new administration at Wymore proposes to make it warm for the gamblers from now on. Held for Assault on .Wife. BEATRICE, Neb., April 13. (Special Telegram.) Charles Bland, charged with assaulting his wife, Blanch Bland, and her companion, Mont Hunter, with Intent to kill, waived preliminary hearing in the county court today. He waa held to the preaent term of the district court and gave bonds In the sum of $1,000 for his appear ance at that time. Rumors of Railroad Building-. ARLINGTON, Neb., April 18. (Special.) Rumora of railroads coming through this section continue. It is asserted that the Burlington . Intends building from Oakland to Omaha by way of Bell creek, which would bring It through Arlington. Stwi of Nebraska. TEKAMAH The home talent which played "The Brookfleld Farm" here Mon day night left for Craig this afternoon. where they will put on the aame play tonight. HEW A Ft D Dr. H. R. Houchen of t'tlca was married to Miss Lizzie Vanderhoof of Lincoln Thursday. SEWARD The Seward County Teachers association will be held at the high school building at Seward on April 28. TK.KAMAH At a regular meeting of Company E of the Nebraska National ;uarcis of this pln"e, K. W. Shsfer wis elected captain, vice John I'. Cameron, re slirned. Mr. Shafer has been In the serv ice for several years, two years of which was spent in Cuba. SEWARO County Clerk Calder shot a inuw white swan measuring seven feet from tip of wings at a pond near Beaver Crossing last week. OSCEOLA Mr. Elzle Bivens and Miss Grace Fleming, both of the I'lntte valley, were marrtcil yesterday In Osceola, Rev. Grinsby officiating. TABLE ROCK-Both local brick yards are now In full blast, each plant turning out from 3n,i to 4".'.J0 brick a day, which find a ready market. ARLINGTON The farmers around here are losing many small pigs. Some think It Is caused by wet weather. The litters are very small and the pigs not very active. ARLINGTON Tho wet weather con tinues and our farmers are trying to sow grain between showers. The lowlands are very wet and can only be put Into corn if it dries up. BEATRICE Dr. R. W. Iviflln. at one time dlstrli t clerk of (Sage county and a former member of the legislature. Is lying criiliMlly 111 at his home at Wymore ot 111 iglit s disease. ARLINGTON There is considerable talk of tlie Northwestern putting in a double track between Fremont and Arlington. The business carried on Is enormous and trains are delayed because the track is crowded. ARLINGTON There Is considerable talk In this county of returning to the commis sioner system. It Is asserted to be cheaper and to give better satisfaction. This county iiad the commissioner system thirty years ago. TABLE ROCK The helra of the late Henry C. Htuthelt, a wealthy German fanner, who died recently In tlie Hospital for the Insane at Lincoln, have about agreeil on a settlement of the state with tho widow, ARUNGTON J. A. Dixon & Co. of this city have sold their general merchandise store to F. Durham of 1-incoln. The luxons havo purchased property at Uni versity Place, Neb., and will make it their future home. TABLE ROCK J. H. Brenner, who has boen the local manager for the Table Rock Telephone company lor several months, has resigned and removed to Humboldt. Abo Hillings, who recently moved here from Humboldt, succeed Mr. Brenner. SEWARD A little eon of Ed Virgin swallowed some iodine that he found In the cupboard. I In wua Immediately given cream to drink, which brought the medi cine out. Dr. Kenner succeeded In com pleting tlie little fellow's recovery. HARVAK1 It was thirty-three years ago today that the April storm of l7i swept over the state, lasting three days. It Is somewhat Interesting for present settlers who passed through that storm to compare present conditions with what then existed. YORK The York Chautauqua promoters are working on the cliautao.ua grounds fix ing up the grounds and will probably build good, substantial, permanent buildings, us the York Chautauqua will be a permanent institution and will be made the best In the west. HARVARD A cold rain has been falling since lust night, beginning with a thunder storm about It o'clock, accompanied by con siderable wind. Farm lands were Just be coming sufficiently dry bo that an occa sional farmer could begin farm work, but this will hold buck work again for some days. BEATRICE Lot Walter, a prominent young druggist of this city, was up before the insanity board today. He was ordered sent to Lincoln for treatment and waa taken to that place this evening. His men tal trouble Is said to be due to a fall from a table a few days ago, which injured his spine. SEWARD A life-size statue of William A. Seward, to be placed on the top of the new Seward county court house, is being curved by V rlnders. a Seward sculptor. It la of Bedford atone. Vrlndera la doing all the fancy carving on the new court house and, although practically unknown as a sculptor, tils work la exquisitely done BEATRICE The athletto association of the high school met yesterday afternoon and voted to hold an luterclass athletic meet here April 27. A committee waa chosen to select tlie events and decide on the reauiremenls for entrance. The boys are working hard for this meet and for the league and atate meets which come later. MADISON Floyd Wllberger. known as "Curly," son of Eherm Wllberger, died very suddenly here today, aged 16 years. Tho boy first complained yesterday, when ne came up town ana consulted a doctor. The disease was acute tonsllilis. compli cated by abscess formation. Death waa caused by mucus being suddenly drawn Into the lungs, causing suffocation. COLUMBUS Since the whole of the country on the south of us, and more es pecially Polk county, has gono "dry" this spring, Columbus does not propose that they should go with parched tongues when they come here to trade, and so the city council lias provided lor eleven saloons, four druggists' permits and two whole sale houses fur the dispensing of the cup mat cheers. TEKAMAH As a result of the efforts of State Deputy E. E. Kester and District Deputies Pierce. Woodlelgh and Wright. who have been working In this county for tho past three weeks. Beech camp No. lJifi or mis piace initiated iii candidates irom the several camps of the county last night. Besides the deputies named Head Counsel A. R. Talbot, Supreme Organizer Ralph Ev Johnson and Deputy Burgess were present to assist in the work. 1 he team of this camp put on the floor work. After the initiation a banquet was aerved by the Royal Neighbor camp and at a late hour the meeting was brought to IT $10 Covert Jackets $7.50 Stylish covert jackets, made in either fitted or loose effects, lined with best satin or unlined $10 50 values at " wnoo in $7.50 Covert Jackets $5.75 All woel covert jackets, with or without linings in either fitted or loose styles splen did $7.50 C75 values, at Store Open Saturday Night Till IO O'clock SUCCESSORS TO w iiA0' Uwoak&suitcol 1510 Douglas Street. Great Easter Selling of Suits, Coats, Skirts, Waists Saturday will be the last day of onr great Easter sale, the sale that has been appreciated by every woman who visited this store and for the last day of our successful sale we will offer GREATER VALUES THAN EVER. Stunning Easter Suit3 $22.50 For Saturday we place on hale over a hundred stunning suits made of very finest imported materials in all weaves and colors in all of this season's smartest designs. There is not a suit in this offering wider a $.0.00 value. OUR EASTER OFFERING Make Your Our Women's Easter Selections Toctay Departments Will Be in Full Blast. 22.50 Handsome Easter Suits $17.50 125 pults aro placed on sale for Saturday only at the above low price. They are all regular $25.00 values, ni;ide In the very newest and most correct spring style, In cither Kton or llolero blouse or Pony Jacket effect, also in the plain tailor styles, of the very best wool materials. ifci.VOO value, Kufctt r hale price 1 17.50 Stylish Easter Suits 512.50- Here is a great and rare offer ing of Rtyllsh suits, made in Eton Pony Jacket or plain tailor styles of all wool mixed materi als, Panamas and Voiles, in all colors a great variety to select from $17.50, fcJO.OO, $22.50 value. KaMT Sale price, only 12.50 New Waists for Easter Thousands of beautiful new waists have jiis.t arrived for our special Easter selling and are as fresh as the morning, made of finest lawn, linens and silks. All attractively priced for our special Easter selling. Prices $1.45, $1.95,'$3.50 and $5.00. fa- J sa muslins. turday Morning We Offer $20.00 and $25.00 Sample Suits Tjt prjgr DSDtS. ' Hnrcotc anrt nrfor. We honcht a travellnz salesman's snmnles of hlfsh class tailored suits uvigwiw uuu viiuui al one-third less than their regular price made of mixtures, Panama and broadcloths all new eton effects with new circular skirts suits made to retail at $20.00 and $25.00 OX BALE SATl R1AY AT $14.75. $25.00 WOMEN'S SUITS. SATURDAY. $19.75 In swell mixtures Panamas and broadcloths, new eton and coat efTects well made and lined perfect hanging skirts regular $25.00 value Saturday $32.50 WOMEN'S SUITS, SATURDAY, $24.75. All high class suits, new models, made of fine chiffon, Panamas and mixtures, extremely well tailored and beautifully trimmed worth $32.50 Saturday WOMEN'S NEW EASTER COATS Young Ladle' Pox Coats, in coverts and mixtures, with patch pockets that sells' everywhere for $7.50 Saturday Swagger Misses' Coata at $7.fJO in swell new mixtures and coverts, short. Jaunty garments with top pocket Saturday . Women's New English Top Goats full loose back, in flno coverts and beauti ful mixtures wear one of them and you will be "strictly in it" A nn regular $15.00 values, Saturday 1UUU New Silk Eton Coats Made of an excellent quality of taffeta silk large as sortment to select from, $10.00 garments, CIA Saturday at I ,J3 Women's Swell Kton Coata Of the very best chiffon taffeta, handsomely trimmed, very nobby garments, worth $15.00, 1 n T f? Saturday at IU. J Women's 80-ln. Loose Silk Coab Neatly trimmed, best taffeta silk, cut very New Long High, Peep Front full, cannot be duplicated for less than $15.00, q jj and High Bust Corset good Saturday at ... Jt J qvmmVf wnjt0 or drab sterling . , Cloth, lace trimmed, side and 19.75 ....5.00 . ..7.90 rM New Skirt Models, Strictly Tailor Made. In checks, white, Mnck nnl irray, also plnln cnlors In voiles Hnil Piinamiis ninrlols of style that are perfprtlnn In tailoring. Kvery line correct, swaKor full circular skirts, at '$9.75, $12.75, $14.75, $16.75, $22.50 WOMEN'S FIXIN'S, Tou will need Easter Sunday . NEW HOSE. 16C TO 12.50. NEW BELTS, 26C TO $8.00. NEW OARTER8, 2BC TO $t.00. NEW HANDK'FS.. 5C TO B0C. NEW BACK COMBS, '25C TO 12.00. NEW HAND BAOS. 7SC TO $18.00. WOMEN'S EASTER GLOVES. ''CentemeTl" Is tho nnmo of the most popular lino of (floves In Oninha We are tho only store here In this city, that can supply you Wo have have all tlie now Easter shades at popular prices, $1.00, $1.50, $2.00 front supporters attached, our price 95c Splendid new Style In Nemo Self-Reducing Corset Guar anteed unbreakable, heavy hose supporters attached sizes 20 to 3(1 our price 1.45 Waist Specials for Sadxirday. iwwiiuiiiaitiJi.uMiuiiiaiiiiiiUSfflPjPfffyi m i n smwaiMg WOMEN'S WHITE LAWN WAISTS Made of a fine qunllty of white sheer lawn, nicely trimmed with lace and embroidery, regular $1.50 O'l values, Saturday f WOMEN'S $2.00 WAISTS SATURDAY $1.45. A very handsome assortment of the very finest quality of white sheer lawn, full embroidered front, short sleeves, trimmed with lace and A C iwould be cheap at $2.00, Saturday 1J DAINTY LINGERIE WAISTS AT $1.00. We are showing a most extensive line at this price, made of the best mercer ized batiste, embroidered panel front and lace trimmed, short 1 Qfl sleeves, waists in this lot worth $3.50, Saturday Jt Cornet Covers at 45c We are showing a splendid line at this price in cambric and long cloth, full dip fronts trimmed with lace, ribbon or embroidery special price . . . 45c Long Cloth Gowns at 05c High or V.neck, handsomely trimmed with lace and em broidery also pretty styles of "slip overs" extra long- would be cheap at nr m $1.50 special price JDC U Handsome, White Skirts at $1.45 rretty hemstitched double flounce, made of fine cambric very full, also skirts with four rows of fine lace insertion, positively worth $2.50 special price . . . . 1.45 J close. About 150 were present from Craig-, Oakland and Lyons. BEATRICE F. C. Abbott & Co. are looK- Ing for a location to establish a packing house with a capacity of 4U0 hogs daily. A representative of the firm has written to Mayor Shultz w'th a view to having some of the residents of Beatrice take stock In the enterprise and to put tip a little bonus. The matter has been referred to U. 11. Johnson, president of the Com mercial club. TABL.U ROCK News was received here yesterday of the death at her home In Gusper county, Nebraska, of Mrs. Will Usher, and also her infant child. Mrs. Ushor was a former Table Ruck girl, her maiden name being Roxle Robertson, a daughter of Mr. and Mrs. frlnee Robertson of this vicinity. Mrs. Usher left here about a year ago. a bride, for her home in west ern Nebraska. EDGAR Ruin has been falling here in heavy showers for the past twenty-four hours. Last night the showers were ac companied by brilliant lightning and heavy thunder. The ground Is now very wet and the farmers will be still further delayed in their work. Grass and wheat are In splendid condition and a lew days of fine weather is needed now to give the farmers a chance to sow their oats. HARVARD One of the best farm sales reported about Harvard, as showing the advance In price ot farm lands, is that of Madison Karnier, who fourteen months a.;o bought 1GU acres with lairly good Improve ments four miles northwest of this city, paying $7,Ju0, and has just closed the sale at $lo,o0o. A lM-acrc trai t with no Improve ments whatever two miles and a half out Bold recently for Jti an acre. COLUMBUS District court In and for Platte county is again In session, with Judge Hollenbeck presiding. Among the eauitv cases to be tried this term are the B. & M. tax cases under the scavenger law. Attorney J. . Deweeso and buper inlendent Bignell of the Burlington were here the first part of the week, when the cases were tried, and alter argument Judge Hollenbeck took the cases under advise nient. BEATRICE The funeral of William Clark was held this afternoon at 2 o'clock from the Centenary Methodist Episcopal church under the auspices of the cimnd Army of tho Republic post. The services were conducted by Kev. N. A. Martin and interment whs in Evergreen Home ceme tery. Comrades W. 11. Walker, W. '. Hhrtve, J. A. Forbes. I'hillp Hess, O. M. Carpenter and L. T. Lovejoy acted as pall bearers. BEATRICE O. K. Jones, for the pust five years manager of the Blue Valley Milling company at Holmesville, was ad judged insane last nlgut and ordered coin milled to the asylum. Mr. Jones Is only 5 years of age. He visited Beatrice Tues day and secured live orders for hour. His mental trouble came upon him suddenly, which necessitated his being brought here last eveing. lie was taken to Lincoln today by Sheriff Trude. ARLINGTON There Is considerable in terest shown by citizens here about the proposed inlerurban road between Fremont und Bioir and Omaha. Urcinoul is push ing tlie project and our mucus hiu teaaly to assist in the enterprise. That a line would branch off al AniiiKlon and run via Kik City to limn ha is certain. The farm ers and pcoiilc ot the small towns want better transpi.il union and the pinposed ruad Would unite the city, village and the farm. BEWARD Wallace Christian of mar Ulica, bewurd county, lell letween a stalk cutler that he was wmking in the field, lie was driving a coll and in some manner lust his seat, lalling in between the cut ters and being weUKed In so tight that tlie cullers iiad in taken off lieioru ho cold be i xtrnated Irom Ins peril. jus posi liua. L.ui kily a t'y saw tne trouule and rustied to Ins assistance. He was badly bruired and the ali n.iiiig physicians say It was a marvelous escape. WARREN TRIAL NEARS END CHeam'i Pal Will Not Have to Wait Lom for Hii Fate. STATE MAY PUT ON NO MORE WITNESSES If This Plan is Carried Oat the Case Star Go to the Jury " Late This After- t ' '' i oon- . ( County Attorney Slabaugh announced at the adjournment gf district court last night he probably would put no more witnesses on the stand In the Warren murder case, but would rest at the opening of court Saturday. The case has been rushed through rapidly and It Is believed will go to the Jury late this afternoon. The evidence of the state has followed along the same lines as the evidence In the O'llearn trial. The state Introduced con siderable testimony to rebut Warren's as sertion that he did not know his compan ions were going to hold up the Lausten saloon and did not take his station at the rear door of the saloon, but ran away. One of these witnesses was Ben Per stnger, the man who was within a few feet of the saloon when the shot waa fired. He said he saw two men, presumably. Warren and Angus, running away from the saloon. One of the men, supposed to be Warren, he said, had apparently Just come from the rear door. Former Confession to Police. Detectives Drummy and'Maloney of the police force related the substance of t a damaging admission made to them by War ren. The Monday after the murder they said Warren told them he was looking In at the door of the saloon when the shot was fired. He could not see O'Hearn, but Just as the shot was fired Angus came run ning toward him and said, "Run, you ; he's shot him." lie said. they both ran as fast as they could. The statements of Angus, Nelson and Warren made in writing at the police sta tion shortly after their arrest were ad mitted. These statements are the same as were used In the O'Hearn trial. In his statement Warren said while they were near the saloon no one suggested what they were going to do, but, he thought they were going to do something Then some one .MILK DIET Kot so tiouil As a Hetter. Traveler Mutiaeil uud Itobhrd. YANKTON, 8. !., April 13. ' Special.) A commercial mail ol' Minneapolis. M. A. Stevens was sand lucked heie Wednesday night, robbed of $J and left insensible. Stevens came to att'-r some time and found his way to the I'lerce hotel, where he startled the guests by his appearance, bis assailants having severed an artery near the tIkIu temple, and the wound was bleeding freely. A stranger giving the naaie if J"iies is under arrest as one of two who participated .In the crime. Jones admits having $JU of Stevens' money, which he claims the other man gave him after knocking Stevens insensible. The af fair took place at 9 o'clock In the evening as Stevens was returning to the hotel. Diamonds (of own Import), watches and Jewelry, at SO per cent below prices, at A. B. Hubermann'a, 13th and Douglas; pays uo reut and buys for cash. A merchant in a thriving interior town writes; "1 can recommend Grape-Nuts food to all, whether well or sick, as a preventive of or a cure for many ailments. "For about six yeais I was unable to aid, "We will stick up the place," and he waa sent to the rear door. He says he did not atop, but got cold feet and ran. The money and gun taken from him he said were the aame aa ware given htm by Nel son at the Dewey hotel. In his statement Angus aald he thought Warren went Into the aaloon with O'Hearn and Nelson, but he was not sure. Warren In Bad Company That the defense In the case against Joe Warren, charged with being an accomplice of Jay O'Hearn In the murder of Nels Lausten, will endeavor to secure a verdict of "not guilty," waa Indicated In the open ing statement of H. B. Fleharty, one of Warren'a attorneys, to the Jury Friday morning. Mr. ITcharty declared the plana for the holdups were made by Raymond Nelson and Leo Angus, while they were prisoners at the county Jail. After they got out they committed several holdups In accord ance with their plans and on January 20, arranged to meet Jay O'Hearn at Twenty fourth and F streets In South Omaha for another raid on "whatever looked good." Warren, he declared, was not in on these plans, but had met O'Hearn at the theater Saturday afternoon and had gone with him to South Omaha. They planned to meet in the evening and when they came together at Twenty-fourth and F streets, Mr. Fleharty declared Warren had no Idea that they were going out to commit crimes. He said Warren had no knowledge of what the ether boys were Intending to do until the party reached Cuming street. When the plan to hold up the Lausten saloon was broached to him he protested, declared Mr. Fleharty, and said, "Not any of It for me."' When he was stationed at the dnor and Angus and Nel son had gone Into the saloon he ran away. The defense and state both agree that Warren had no gun at the time of the hold up. These facts, which Mr. Fleharty said the defense expected to prove will be the basis upon which they will ask for a verdict of "not guilty." Wife and Widow Present. The opening of the case was before a small crowd, a marked contrast to the open. Ing of the O'Hearn case. Mrs. Lausten and two of her daughters were present as was Mrs. Warren and two or three other women. County Attorney Slabaugh out lined the case In his opening statement and declared he would show Warren had knowledge of the Intent to commit the crimes and was one of the conspirators. He was followed by Mr. Fleharty. Raymond Nelson, one of the quartet who held up the saloon, was the first witness for the state. He told practically the same story he related In the O'Hearn case. He declared Warren was present when the four started out and at the drug .store at Twenty-fourth and A, which they held up, was stationed outside. When Nelson and O'Hearn came nut of the drug store, how ever, he had disappeared and Nelson did not see him until tho four met again In the saloon at Fifteenth and Harney. The wlt- the money waa divided, and Kelson gave Warren, his 88-callbcr revolver. Warren registered as M6rrls De Lore, and both of them occupied room 67. Nelson Bald he gave Warren $9.20, with the understanding he was to give holt of It to Angus aa his share. They went to South Omaha to gether and separated there. On the cross-examination Nelson ad mitted he could not remember how many times he had been arrested or how much time he had spent In Jail. The rest of the examination related to the' details of bis testimony on direct examination. TWO YOUNG CONVICTS CAUGHT Omaha and IJacols Men Who Escape from Penitentiary Oat bnt Short Time. Warden Beemer of the state penitentiary Friday brought Leo Angus to Omaha to testify in the trial of his confederate, Joe Warren, In the Lausten murder case. O'Hearn and Raymond Nelson were brought up from the penitentiary by Sheriff McDonald. Warden Beemer said Alfred Llebscher, who was sent up for five years and Ray Carr of Lincoln, who got two years, escaped recently, but were caught and re turned to the prison Thursday night. The young men had traveled over considerable of Nebraska, making a number of towns, trying to get clothes to exchange for their penitentiary stripes. The- Omaha youth succeeded, but Carver failed and they landed back In Lincoln In a box car where omcers who nua Deen iraraing mem mane the captures and returned them to the prison. Both were employed aa cook and waiters In the penitentiary. WV'Khtha ip-i rmm-m a ar a be In the store much of the time. I was suffering from gastritis and constipation, I ness said that Warren was In the crowd which confined me to the house part of the when he. Nelson, proposed they hold up a lime ami at last put me to bed and kept saloon at Nineteenth and Cuming streets me there for almost a year. 1 ran down and wont Into the saloon with them. They in weight from 1M to 85 pounds, trying to J decided not to try this place, as It was loo live on a milk diet. But I could seldom crowded. Warren, he said, acquiesced. when it was decided to hold up the l.niisteu place and was stationed at the rear door. Warren U Contradicted. "After we s;ot Into the saloon 1 saw War ren look In at the rear door.'" declared the witness. This testimony Is in contradiction of Warren's written statement that he did not stop at the door at all, but "got cold feet" and started to run away. When Nel son and O'Hearn left the saloon after the shooting Warren and Angus had both gone. Before the holdup Warren and O'Hearn had exchanged hats and after the four met at Washington hall after the murder they changed back. At Sixteenth and leaven worth streets Warren askr-d Nelson how much money he got and Nelson answered about $3. Warren and Nelson afterward went to the Dewey hotel, said Nelson, and there retain that, nor anything else of any ac count, on my stomach. . ' The doctors finally gave me up; then a friend advised me to change my lood and use Gra(-Nuta food and 1'oitum Food Coffee. 1 followed his advice and watched results. "I commenced to get well at once, and In the first k months I gained 40 pounds. The gastritis and constipation left me In a very short time, and in the t years that have followed 1 have enjoyed the best of health anl attend regularly to my busi ness. I est Grape-Nuts every day, and usually make my entiro breakfast off a few teaspoonfuls of it and a cup or two of Pustum Food Coffee." Name given by Postum Co., Battle Creek. Mich. There's a reason. Read the little took. I "The Ruad tu WsllvUle, ' In pkgs. Cocoa beans grow In pods on the trunk and limbs of a deli cate tropical tree.' They contain tlx times more food val ue than beef. We use the highest cost beans that are grown and there Is nothing In our cocoa but cocoa. That Is why It Is s most delicious of cocoas 4