TIIE OMAIIA DAILY DEEi TUESDAY, ilAKUlI 12, 1VJT.
COAL MEN PILE ONTO CLDTE
Ftraral Indiot.s Du'eri ind Their Im
ployai Contradict Eia Testimony.
DENY REFUSING TO SELL TO HIM
HfmWn ef Birhoi Esalblt Pr
tltml la Court to Fre-re Tnrr
Did Solicit la Campetl
tlea for Trad.
Several of the Indlct.d coal dcaleis end
a number of their employee testified In the
Bunderland trial before Judge Troup Mon
day mrrnlng and thy all with one aecord
did make denial of the chargM aet up
against them by the state. '
1L B. Rhoadea, In the employ of El. BJ.
Howell, said he never refused to sell coal
to F. M. Clute, a coal dealer In basket lota,
Mr. Clute's testimony to the contrary not
withstanding. He admitted on cross-ex-amlnatlon
that Attorney Baldrlge had read
to him parte from the testimony In the
other coal trial, no ai to refresh . his
memory previous to going on the stand.
C. A. Grimes, yardmaster for C. W. Hull
company, denied the statement made by
Andrew Jensen that Jensen had been re
fused coal there because he was not a
member of the exchange. P. A. Haskell
of Sunderland Bros, fcompeny denied he
ever had a conversation with Jenen about
coal. George F. West, general agent of the
passenger department of the Northwestern
railroad, was placed on the stand to prove
that tha Ak-8ar-Ben excursion to Bt. Paul
took place In October, 1904. Jensen had
stated he met Q. P. Brown, solicitor for
the Bunderland Bros, company, when he
was going to take tha train for this ex
cursion, and Brown told him he couldn't
get coal from the company because he was
not a member of the exchange. This con
versation having taken place In October,
1904, was proved by the defense Immaterial,
being barred by tha statute of limitations.
Mr. Brown was placed on tha stand and
testified he did not ask Jensen anything
about coal on the occasion of that con
versation.
Proof of loltufttas?.
To prove tha members of the Coal ex
Change were soliciting buslm.s In spite
of the constitutional provision prohibiting
personal solicitation, 'the defense- exhibited
a collection of articles given as premiums.
Match holders, thermometers, papers of
pins and needles and other things were
shown. K. E. Howell on the stand said
ha bad gone forth as usual In the fall of
190S and of IK with a pocket full of match
holders and solicited business.
And what are these little halt cups
for?" asked Mr. ConnelL holding up a
match holder.
' "To bold matches," replied Mr. Howell.
"I. wanted to make sure," said Mr. Con
Bell, they were not meant to hold a
'bushel' of Clute's basket coal." The de
fense had alleged a benevolent object In
barring the basket dealers from member
ship because they gave small measure.
Mr. Howell' was asked about certain en
tries In the minute book of the exchange.
recording tha fact that "the dealers filed
their prices on coal." He aald this printed
' list of coal prices never governed him In
his business.- He Just hung it up In his
office and didn't pay any more attention
to It
"What was tha object of this filing of
prices by the dealers with the secretary
and the printing of tha Hat?" asked tha
county attorney. '
"Oh, that was just a matter of courtesy,1
aald Mr. Howell.
treaaeaa FUht for Trade.
The fact was pretty well established by
the defense In the Bunderland case yes
terday that tha members of the coal ex
Jhange solicited for buslnesa In spite of
tha provision In the constitution and by
laws prohibiting personal solicitation. The
defense continued to Introduce witnesses
, during the afternoon for the purpose of
proving this. It seemed there was an In
exhaustible supply of coal dealers and their
employes in the hall, and one by one they
war called In and swore to the fact that
they solicited strenuously for trade.
Each witness named a number of people
whoa orders ha had secured by personal
solicitation. El. E. Howell even declared he
had solicited County Attorney English and
Judge Troup.
"Where did you solicit Judge TroupT"
asked the county attorney.
"Well, not on the bench," replied Mr.
Howell. But ha did not remember where he
had called upon tha Judge for his coal order.
GABY'S DREADFUL
CASEOFECZEMA
Extended Over Entire Body Mouth
Covered With Crusts as Thick as
Finger Which Would Bleed and
Suppurate Disease Ate Urge
Holes in Cheeks Hands Pinned
Down to Stop Agonized Scratch
ingThree Doctors' Best Efforts
Failed to Give Relief.
BUT CUT1CURA WORKS
A MIRACULOUS CURE
Where did you solicit fne?" aaked tha
county attorney. '
"In your office," said Mr. Howell.
The county attorney smiled skeptically.
and Mr. Howell added, "Or perhaps on- the
street."
The examination was punrutated by the
objections from the attorneys for the de
fense and occasional protests from tha
county attorney agulnt what he termed
unfair means taken by attorneys for the
defense to gat before the Jury' statements
which had been ruled out by the court.
Tha three attorneys for the defense. Con-
nail, Btout and Rnldrlge, took turns at ex
amining tha witnesses. Mr. Englleh con
ducted the examination for the state.
The wltnessee yesterdny afternoon wre
Charles Coutsnt, PI E. Howell, Carl Bran-
dels. .A. B. Cook, A. F. Prohaska, T. D.
Pakln, J. E. Hammond. A. D. Toreslln,
Randall K. Brown, A. J. Psynowekt and
Thomas E. Hunt.
Tha defense expects to complete Its cane
by noon today.
ORIGIN OF DOWIE PET NAME
Martin Kastle, Vewapaper lfin, to Blame
. for Term of Stinkpots.
IN OMAHA AND TELlS HOW IT CAME
MRS. KITCHEN DROPS FIGHT
Gets Forty Thousand Dollars Pine
Beqaeet by Settling Salt oa
Basbead'a Will.
Tha noUca of contest of the will of the
lata J. B. Kitchen was withdrawn from the
County court Monday by Mrs. Kitchen. A
settlement has been made between Mrs. 1
Kitchen and Ralph Kitchen, nephew, one
of the executors and a heavy beneficiary
under the wIlL
'Mrs. Kitchen. by this settlement.
secures 140,000 In addition to what the will
allows her," said Oeneral John C. Cowln
last night to The Bee. "I did not at first
think best to state tha terms of settlement.
but since a guess bag been made which
comes within one-half of being correct I
decided to atate the facta."
The estate Is valued at nearly WO,-
000. ' ' Mr. Kitchen bequeathed a - large
amount of property to Ave young wo
men who have been In hts employ as
clerks at the Paxton hotel. He made other
bequests outside his family and on tha
whole Mrs. Kitchen was convinced she had
not received what waa due her.
"I have made a compromise with Ralph
Kitchen. The compromise gives me more
than I would get by the wi?L nut If I were
to content, I know I would get still more.
My health will not permit me to do this,
however.. Mr, Kitchen made a will a year
ago that allowed me an equitable share.
I did not know he had made this last
will and It waa made at a time when he was
not In hie right mind. Every day was
expected to be hla last"
FIRST SUIT OF KIND IN YEARS
Action Against Clay Crater Coaeern
oa Alleged Violation of Cer
tala Patent Law.
, William A. Bumner of Clay county has
brought suit In the' United Statea district
court In his own behalf and of the United
States against the Sure Hatoh Incubator
company of Clay Center for 152.100.
The suit Is brought under section 4901 of
tha United Statea statutes, which provides
for a penalty of $100 against parties who
sell or advertise such articles as patented
upon which no patent has been Issued by
tha government, The statute provides a
penalty of $100 for each offense.
In the present case Sumner alleges In his
petition tliat the defendants have manufac
tured and sold 621 "brooders," unpatented
articles, as patented, the artlolo having
tha words, "Pat'd Dec t9. 19(8' with the
Intent to deceive and defraud the publlo
by selling them aa patented articles. The
plaintiff therefore prays for a Judgment of
$52,100 against the defendants and for costs
of suit.
The law further provides In such cases
that one-half of the fine shall go to tha
party Instituting the suit and the United
States shall receive tha other half. Mr.
Sumner's part of the- proceeds, should tha
suit succeed and the Judgment be awarded
aa prayed for, would be $26,060.
The case Is the first of Its kind brought
In the federal courts for many years In this
seotlon of the country.
Wired Dowla VYnea la New York to
CJo Bark to Craaka
Where lie tame
From.
Tha man who caused tha late John Alex
ander Dowle, founder of the Christian
Catholic church, to apply the epithet of
"stinkpots" to newspaper reporters Is stay
lng at the Paxton hotel, on his way to Bt.
Lnuln. This man is Martin Kastle of
Kastle Park, Waehlngotn, P. C. Mr.
Kastle Is known to many In Omaha, where
be lived In tha 80s.
"It happened tlile way," Mr. Kastle said
while speaking of the late leader of Zlon
City. "When Mr. Dowle left Chicago with
hla host to Invade New York CK.v. during
October, 1903, I was editor of the Washing'
ton Mirror. Under personal address to
Fifth Avonue hotel. In New York City, I
sent this telegram to Mr. Dowle:
"New York evidently does not want you.
Oo back to the country of cranks you
came from.
"Mr. Dowle received the telegram aa he
was going to Madison Square Garden to
address- the gathering. The telegram both
ered him. Ha aaked who the sender was
and on being told It waa a Washington
newspaper man. he relieved himself during
the evening by telling the. crowd what he
thought of reporters, calling them stink
pots and agents of the devil. From that
time Mr. Dowle nursed a grievance against
newspaper men."
Mr. Kastle is something of a globe trot
ter, bavin J00.000 mlUa of travel to his
credit since he left Omaha. He owned the
Washington Mirror seven years ago and at
one time was part owner of tha St. Louis
Globe-Democrat. .
Sunday Mr. Kastle met W. A. Paxton,
whom he had not seen for twenty years.
Both recognised each other.
of tha emergency statute, which pennlta
tha commissioners to let a contra of
this magnitude for publlo Iroprovamenta
when damage has been dona by Are or flood
demanding Immediate repair. ,
SALE OF MARKET STALLS
Auction of Space at Municipal
Hoase 'Carried on by
Kpp.teln.
Market Master Eppsteln Monday morn
ing began the annual sale of stalls in the
market place. ,Up to noon twenty-five
stalls were sold, fourteen to wholesalers
at a premium of $10 each and eleven to re
tailor J at a premium of $6 each. The latter
class are the gnrdeners who drlva In with
their own pt -sluce. These premiums are
DEBTS DUE TQ DREAMERS
Vlalonere Aealaaaea aa Trao Prepaete
f Modern Achieve
aaeats.
Once when Kmerson waa In the company
of men of affairs, who had boen discussing
railroads stocks, and other buslnexs matters
for some time, he said. "Gentlemen, now
let ua dlscusa real things for a, while."
Emerson waa colled "tha dreamer of
dreamers," because be bad the prophetic
vision that saw the world that would ba,
the higher civilisation to coma. Tens of
thousands of men and .women today stand
where he stood almoat alone. Dreamers
la this sense are true prophets. They see
the civilisation that will ba long before It
arrives.
It waa such dreamer who law the great
metropolis of Chicago In a straggling In
dian village, the Omahas, the Kansas
Cities, the Denvers, tha Salt Daks Cities,
tha Doa Angeleses, and the San Franclacoo
many years before they arrived, that made
their existence peaetble.
It was such dreamers as Marshall Field,
Joseph Inciter and Potter Palmer, who saw
In the ashes of the burned Chicago a new
and glorified city, Infinitely greater and
grander than the old.
As It was the dreamers of '40 who built
tha old Ban Francisco and made It tha
greatest port on the western coast, when
San Francisco lay In as he, a few months
ago, and 800,009 people were homeless, It
was the drqamers of today who saw tha
city In tha .ashes of the old, where others
saw only desolation, and who, with In
domitable grit; that unconquerable Ameri
can will that characterised tha pioneers
of a half-century before, began to plan a
new city greater and grander than the old.
What a picture tha dreamer Columbus
presented aa he went about exposed to
continual scoffs and lndlgnltea, character
ised as an adventurer, the very children,
taught to regard him as a madman, point,
lng to their foreheads as ba passed! He
dreamed of a world' beyond tha seas, and.
In spite of unspeakable obstacles, hla
visions became a glorious reality.
He died a neglected beggar, although his
dreams had enriched tha world; while a
pickle dealer1 of Seville gave hla name
to the mighty continent Columbus had dis
covered. But waa the Genoese dreamer a
failure? Ask mora than 100,000 people who
Inhabit the vast wilderness, the greatest
continent the sun ever shone upon. If this
dreamer was a' failure I
Our publlo parks, our art galleries, our
great Institutions are dotted with monuments-
and statues, which the world has
built to ita dreamers men and women who
paid In addition to the regular market fee
of 10 cenU per day for occupying the stalls. dreamed of better things, better daya for
This year promises to te Detter man lasi tne human race.
year In the way of market regulation.
Last year only ten stalls were sold by the
city, an association having a large enclos
ure at Eleventh and Jackson streets and
charging fees for stand privileges. ,
The city council has included the street
around this private market establishment
In the market district. Already soma of
this space has been sold by the city.
There are several hundred stalls marked
off along the curbing, so there will be
space for all who want It without disturb
ing the commission men. The market will
begin to take on life In a few weeks and
n view of the final abandonment' of the
Capitol avenue market house. It la be
lieved tha market place as now established
will be more popular this aeason than ever
before.
"Whew my little boy was six months
. old ba bad eaoatna Tue sores extended
so quickly over the whole body that
wa a one called In the doctor. Wo
tbau went to another doctor, but ho
oould not help him. and Id our titapair
WO weut to a third one. Maltare be
came so bad that bo had regular bolee in
. bis cboeka, largo enough to put a ting
Into. The food had to ba given a ah
. s spoon, for his mouth was covered
:. with crusts as think aa a finger, and whom
ever ho opened tho mouth they began
to bleed aud suppurate, aa did also bia
. eves. Hands, arms, cheat, and bark, in
" abort tho whole bod waa covered over
and ovar. We bad no rest by day or
njKht. Whunevar he was laid in his
. Led, wo had to pin his hands down,
otherwise ba would scratch bis face aud
tnske aa open aore. 1 think his fame
Biut have ifiehed moat fearfully.
" Wa finally thought notuiug could
help, and I had matle up tuy nund to
'. eeod my wife witb the child to turojie,
hoping that the aea air might cure bun.
oU.f-wiae be waa to ba put under gouti
"medioe! oare there. But, Lord be
bleated, mattarm came dUIeretitiy, aud
we soon saw a miracle. A friend of
ours spoke about CutWrm, Wa made
'' tiitd wiUa Cutioura Hoap, Ointment,'
and Kasolvent, and within ten days or
two t-kl w noticed a decided tm-
!,i jw,f,i. 1 Just as quickly as the
u kifcn bad appeared it also began to
disappear, ana within teu works the
cbiid aa absolutely wel), and bt t!iia
was smooth and a Lite as never beora.
F. Uohrath, President of the C. I
ilohratb Company, Manufacturers of
i bilk lUUbona. i to SO Kink Alley bouth
tMtbloheiB, Pa,, Juno 6, 19UV'
fMfiMt giwnnl wa InMrwel T-Mnnot aw
Wcy b jmwc tt luucte. 4,aiv, And Ail. km
Vku
14
, tr4 ril 1. I
t--i. "" tuy-fk'1
i x tor a u. am a cvk
. i e awiA. rutiM
CROWDS VISIT THE NEW STORE
People Take Advantage of Oppor-
taaltlea Offered by Miller,
' Stewart St Bra to a.
Shoppers turned out In force to visit the
formal opening and' souvenir sale of the
Miller, Stewart It Beaton company Monday,
which will continue for three days. The
place throughout Its entire four acres of
floor space Is a bower of beauty. For this
sale and opening the firm has furnished a
string orchestra and also thousands of
violets, which were pinned upon those who
visit the store.
Nearly every piece of furniture In the en
tire store has been marked at a remark
ably low figure for this opening and souve
nir sale, and judging from the crowds which
Were attending the opening the people of
Omaha are taking advantage of their op
portunities.
People wondered why everyone waa Wear
ing violets on tha streets Monday, but tha
answer waa soon given, for one had only to
follow tha crowd to get a bunch and to bo
In line with the popular Idea of wearing
violets. All seemed to enter Into the spirit
of the opening, and the firm was congratu
lated on all aides for tha magnificent new
structure, which la filled with an entirely
new Una of goods, all tha old" stock having
been sold put bafore tha firm moved from
the quarters previously occupied on Far-
nam street.
SUPPLIES FOR THE INDIANS
Several Taeaaaad Dollars Worth of
Food aad Equipment Ordered
front Omaha.
Bids ware opened Monday morning for
several thousand dollars' worth of Indian
supplies at the office of Major Thomas
Cruae, chief quartermaster for the Depart
merit of the MIssoruL These supplies com
prise blankets, clothing, tents and other
equipage for the use of me destitute Tte
Indiana now at Fort Mead. The bidder
are all Omaha parties. The. supplies are
ordered through the quartermaster depart
ment, the Indiana being under tha direct
charge of the war department In thla tn
atance. The Utea are also being fed through
tha army branch, moat of tha provendur
for their use being bought by Chief Com
nileaary Captain T. B. Hacker In Omaha,
PRIES LAKE FOR A LUNA PARK
rreaealtlea Made ay M,w York
Parties e Lraae It for
Nlaety-Nlae Years.
New Tork amusement promoters want to
secure Pries lake for a iwond Iiuna park
resort. They have submitted a proposition
to. lease the place for ninety-nine years at
H,0i) a year, but their proposition may not
receive Immediate consideration for the rea
son that P. Jorgensen, who la In control
of the lake and grounds, is alck at Hot
Springs. Ark., and unable juat now to
transact bimlneas. Mrs. Jorgonsen staled
Monday la reply to question as to what
her husband would do that aha kne
nothing whatever about the matter.
"I do not even know wfcv trie parties ar
KNOCKOUT DROPS AND WOMEN
Cos
ibiae Which Pats Crelghtoa Man
Off Watch, 'So He As-'
severates.
Knockout drops and women lost $47 to
James Bryce of Crelghton Saturday night.
Bryce said he drank a glass of whisky In
company with two women In Garrlty's
saloon In the burnt district and became
sick. He swooned and when he woke up,
all his money waa gone except 81 cents.
Louise Moore and Bell Morris were ar
rested by the police and identified by Bryce
as the pair with whom he drank. Tha cases
against the women were continued until
Tuesday morning by Judge Crawford.
SPANS FOR VALLEY BRIDGE
Contract Let to Bob Drake for In
creasing" Rise of Platte
River Viaduct.
The county commissioner have let the
contract for building two 150-foot steel
spans In the bridge across tne Platte river
near Valley. These spans are to take
the places of the wooden parts removed at
the time of the high water thla spring.
The contract was given to Robert Z.
Drake of the Standard Bridge company.
The contract price la $10,700 and the work
la to be dona at once.
Tha work la done under tha provisions
Take the dreamers out of the world's
history, and who would care to read UT
The most of the things which make life
worth living, which have emancipated
man from drudgery and lifted him above
commonness and ugliness the great ameni
ties of life we owe to our dreamers.
Our visions do not mock us. They are
evidences of what la to be, tha foregllmpaes
of possible realities. ' The castla In the air
always precedes the castle on tha earth.
Success Magailne.
LOBINGIER TALKS IN MANILA
Former Omaha Attoraey Delivers
Coarse of - Leeteres aa rriml
tlve Law of Phlllpplaea.
C'C. 8. Elgutter has received a letter from
'Judge Charles '8. Loblngler, formerly of
Omaha, but how a judge In the' court of
first instance at Manila, P. I., stating that
ha la now delivering a unique and compre
hensive course of lectures on legal topics
before tha Manila Young Men' Christian
association.
The lectures are discourses on the primi
tive law of the Philippines, tracing the
crude Jurisprudence through the centuries
to the ascendency of the Spanish regime.
with Its Influence on the' native laws, and
then of the effect of power of Islam, clos
lng with an analysation of the effect of
American occupation upon the Jurispru
dence of the Island.
PRIZES FOR COVER DESIGN
Rewards Will Be Bach as Will Cora-
peasate Those Btrlvlagt
for Them.
Many inquiries .are being received by
Commissioner Guild of the Commercial
club and much Interest Is evinced In the
competition by local artists for the cover
design of tha itinerary to be published by
the club for use on the "Great Northwest'
trade extension excursion next June,
Although the advertising subcommittee
has not definitely decided upon the prli
to ba offered for tha accepted design, they
will be such as will be compensatory for
extra effort and several printer, litho
graphers, architects and artist are pre
paring designs for submission.
'-'V'- a--fc .'.'' fe..y.-- 'tfc.a,
f1
i
BKEB Oar Natloas lnmn-coataiaa hat
abeat par east of Ateahot. . ..
o) !
MI
Mi
i, ) 1 n n i 13 bi 3 t
MILWAUKEE
Is brewed and aged on honor.
Full of character and beer body. ,
A hop tonic, malt nourishment
and delicious beverage, all In one.
Try any of these brands
whether oa draught or la
bottles wherever you can
Private Otock, Vlonor,
r.iuoncnoner, Export
y fVVd Prl
17
1
ft
Omaha Branch,
602-10 DougUa bt.. Cor. 6th.
Thou Dtmglad 1081.
v
i cr.irira co.I
V CiJ. J
.They act like Exercise.
-for the Bowel;
6B0
A!!
Tie nidi ten way to "fell Iw
If you want to talk in a hurry
you don't write,
you' use a telephone.
If you want to get somewhere quick
you don't walk.
you ride in in automobile or takt a street car.
If you want to write fast
you don't use pen and ink,
you use a typewriter.
If you want help of any kind,
If you want a position,
If you want to sell out,
If you want to get into business,
If you want to get out of business,
If you want to sell some old thing,
If you want to rent a room,
If you want to sell a horse,
If you want to sell a farm, v
If you want to sell chickens,
If you want to buy, sell, rent, hire, swap or
advertise
Use a three line want-ad
in The Omaha Daily Bee
Why three lines?
Because three lines will give you a chance to say
enough to. make people undrstand what you
want or what you are offering. If you cut down, to
save words, you fail to interest people. Tell them
fully and plainly.
in The Bee?
Why
Because people rely on The Bee; they rely on Bee
advertisers too. Nobody pays much attention to
papers filled with sensational news, manufactured
without regard to truth or decency; they have confi
dence in The Bee and confidence in Bee advertisers.
Because too. The Bee goes to more homes in
Omaha, South Omaha. Council Bluffs and the towns
in Nebraska, Iowa and the Black Hills than any other
paper. A clean paper is admitted to all the homes;
the mechanic is as particular what his daughter
reads as the banker; he knows too, that The Bee
has been on the side of right regardless of class, and
The Bee is the workingman's paper. The influence
of a strong-paper Is not for sale, yet you get the ben
efit of part of this influence each time you advertise.
Because The Bee gives its patrons more for ess
cost than any other paper.
A three line want-ad
One time Three times Seven times
10c 2SO; 45c
Every drug store is a Bee want-ad; branch office
or Phone Douglas 238, if you cannot call, at
T IE BEE OF F E CE
17th arid Farnam"Tho wanj-ad corner"
Wtthla tverjbodft rt3ch eicfief tvtrybodf.
1
a. ( 1 mtu bw Frov. C.WfeMA, W
aw mum J fw mmm vm u,atiuaB
who have nuule Uta propoeuioa,'- said she.