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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 27, 1907)
THE OMAIIA DAILY BEE: RATUKDAY, AFRIL 27, 1007. 13 DENIES SflERCLlFF STORY Denniien Goes on Euni to Esljit Evidence ef ti-Cvsf U)U "v r s " r" n " r ri J v- V-V vj v v v j J v v. v v v v J oooooccoco () -y-- - r NOTES ON OMAHA SOCIETY Vtt. Chir'M KirachbnaB Entertains tn Three GaetU of Frieodi. COUNTRY CLUB ClfiTtR OP ATTRACTION o Orl Is Drual for Tables at Oftnlai that Gnest List Uaa Brn Necessarily B etrlcled. Miss Kats of Baltimore, guest of Mr a. Victor Rosewater. Mrs. Holxman of New York, guest of Mra. Morris Levy, and Miss Gladys Bloman of Detroit, Mich., guest of Mra. Arthur Brandela, were honor guests Thursday afternoon at a whist party given by Mn. Charlea Kirachbraun. The rooms were decorated throughout with palma and the small tables which were used for refreshments were decorated with ferns and red carnations. The prises of the afternoon were won by Mrs. Victor Rose- water and Mra H. Rehfeld. Thosa present wf-re: Mia Gladys Bloman, Miss Kti. Mra Holxman, Mrs. Arthur Brandels, Mra Victor Rosewater, Mra Morris Levy, Mrs. Huso Brandds, Mrs. Henry Rosenthal, Mrs. I He.ler, Mrs Dave Degan, Mrs. Louise Btrauss, Ms. Charles Rosewater, Mrs. Mayer, Mrs. Rosenstock, Mrs. N. Splesberger, Mrs. Ellen Cohn, Mrs. II. C. Unveriagt, Mrs. Martin, Mrs. Bol Berg man, Mrs. Adler, Mrs. Samuel Kats, Mrs. Rothschild. Mra S. Cohn, Mrs. Heran, Mrs Beldhelmer. Mrs. Lee Klrschbraun and Mrs. Charles Klrschbraun. Country Club Opening;. The formal opening of the Country club Saturday evening Is the special theme ol conversation now anions; the club mem bcrs. So great has been the demand of tables for thla occasion that the club has restricted the guest list to Just members of the club. . Thosa who have . reserved tables are: Ben Cotton. W. O. Gilbert, Miss Ella Mae Brown, M. C. Peters, W. A. Rodlok, E. M. Morsman, jr., J. 8. Brady, 11. L. Cummlngs, O. M. Redlck, W. F, Wyman, J. A. McShane, E. V. Lewis, F. A. Brogon, Fred Hamilton. W. J. Connell, E. A. Cudahy. N. B. Vpdlke, C. C. George, J. E. Baum, John N. Baldwin, K. C. Bar ton, C. F. Montgomery, R. L. Huntley, Frank Colpetser, E. J. Bwobe, E. H. Bprague, E. E. Bruce, W. E. Martin, F. F, Miller. W. H. McWhorter and J. L Pax-ton. Miss Marlon Hughes, whose wedding to Mr. George Redlck takes place In Mav. Is being extensively entertained and the days for next week are already well filled with complimentary affairs tn her honor. Tues day, Mrs. W. A. Redlck, luncheon at Country elub; Wednesday, Mrs. Robert Bell, luncheon at her home; Friday, MJss Mable Marr and Mies Lucy t'pdlke, bridge at horn of Mlsa Marr. and Saturday Mr. and Mrs. J. E. Baum and Mr. Richard Baum, dinner at Country club. Mra. Hoover Entertains. Mrs. Arthur L. Hoover was hostess Thursday afternoon at tha meeting of the Comls club. Several original eontests en livened tha afternoon's pleasure, and a beautiful pnse was won by Mrs. John Webster. A violet luncheon was served at 4 o'clock, when the guests were seated at one large table. Those present were Mrs. Clarke) Mrs. Ashby of Council Bluffs, Mrs. E. B. Ferris, Mra C. Tuffleld. Mrs. John Webster, Mrs. Lovejoy. Mrs. Arthur Kuhn, Mrs. U. B. G. Kuhn, Mrs. D. Marti. Mrs. Swisher, Mrs. W. S. Heaton, Mrs. W. T. Haynes, Mrs. Hoover and Mrs. Townsend. The next meeting will be In two weeks at the home of Mra. W. 8. Heaton. Tba last meeting for this seaaon of the Marchlonette club was entertained Thurs day afternoon by Mra A. 8. Pinto. The afternoon was devoted to needle work and a social good time. The guests of tha club were Mrs. M. G. Rohrbough. Mrs. O. A. Rohrbough and Mrs. S. K. Bpaldlng. The members present were Mrs. T. L. Combs, Mrs. John Rosa, Jr., Mrs. Workman, Mrs. James Cooke, Mrs. Paul Patton, Mrs. Thomas Fell, Mrs. Morris McKay and Mrs. Rosa. Mlsa May Rothschild was hostess Thurs day at the meeting of the A. O. T. Bowling club. The high scores of the afternoon were made by Mine Lena Rehfeld and Miss Amelia Newman. There were eighteen present. The next meeting will be enter taind Thursday by Miss Rose Splesberger. Minor Mention and Personal. The Omaha Guards will give' their next medal drill and informal hop at their armory Monday. Miss Sallle Groh, who has been the guest of Miss Maude Rosser of Lincoln for a few days, has returned home. Mr. and Mrs. Edwin F. Swobe have give up their house and will take rooms at the Madison for the summer. Mr. Swobe has not accepted a position In Denver as had been rumored. Mr. F. A. Nash has returned from Chi cago. Mrs. Will L. Tetter will return Satur day from an extended trip, which Included Old Mexico and all principal points from San Diego to. British Columbia. On her return she will entertain as her guest, Mra Charles Colladay and son, John of Hanley. Canada. Mrs. Edward Phelan gave a whist party Wednesday afternoon In honor of Mrs. Barrett of Shadron. A feature of the after noon was when at tha close of tha card game, Mr. Good wall Dlckerman gave some very enjoyable character sketches and sang several songs.' About twenty-flva guests were present. Chinese 'Woman Honored. Te Pat-mul. a Chinese woman of Hong kong, has received a medal for bravery displayed during the great typhoon of September 18 last. She Is the only woman who has ever been decorated for signal bravery In the history of tha colony and probably the only Chinese woman who holds a medal of honor presented by for eigners. Te Pat-mul won the medal simply through not losing her head when In dan ger. She was on the waterfront when the storm broke and she saw her house swept away by the waves that drove in from the outer harbor. Instead of Joining the mad rush back to the upper lands, she stayed Just outside the sone of the floating wreckage and busied herself pulling people off floating roofs and directing them to places of ref uge. When most of the Chinese water dwellers had fled Te Pat-mul waa noticed by the while men who were doing rescue work along the Hongkong bund still busy directing those of her race who cam drift ing In to land where to go to get out of reach of the waves. Along with the woman there were four Chinese men who received similar medals from the representative of the governor of Hongkong. These were two lighthouse keepers, a fisherman and a constable. On January 19 the presentation was made. The governor's administrator gave Te I'atVmul the favor of a special com-' mendatlon. .He heard that she already had two sons and he gallantly wished her the Joy of another soon. "May tho fourteen gods look over your excellency," she answered, "but the best wish that I can have Is that If I ever get in trouble with your honorable court you will remember me and be good to me." Knowing the superatitltton that con cerns drowning persons, the English citi zens of Hongkong marvelled greatly at the fact that five Chinamen had been found worthy of medals for saving people from drowning. The Chinese popular rule Is, If a man Is drowning let him drown. The accepted belief is that if one drowns it Is because tho king of all the spirits so wills It and has ordained that the soul of the drowning man shall Join the throng on the other side. If the one drowning is rescued that fact forever damns his pros pects for eternity and, what is worse for the rescuer, tho king of the spirits Is as likely as not to take his life In payment for the one of which he has been cheated. WRECK LOOTED BY JAPANESE American Steamer Dakota. Ransacked On the. Hooka Off Toklo Bay. Considerable excitement baa been caused In Japan over the wreck and subsequent looting of the Great Northern Steamship company's liner Dakota, on the rocks oft the Shiranuma coast, south of Toklo bay, on the afternoon of Bunday, March 3. The Dakota, a ship of 28,000 tons, Is one of tha largest wreck on record and aa It waa known io have a full passenger list much relief was felt when It waa learned that all on board had been safely landed. A letter to the New York Evening Post from Nagasaki says It m a. mystery how the eh p came to be In tho vicinity of theee dangerous rocks, as It usually gave tha region a wide berth, but It is understood - to have been due to a quick inset of the current. It was an unusually bright day and the natives hod gathered alone; the shore, making signs to warn the ship of Its danger; but the beckoning was taken as a token of welcome and answered by the passengers by tha waving of handker chiefs. A great amount of criticism has been caused by the wholesale looting; of the vea el after it waa deserted. When the natives first swarmed around they were beaten off by the crew who suspected their Intentions; but on professing only a desire to assist the passengers, they were per mitted to Join in the work of taking people ashore. The officers of the ship declare that as soon as they had left the ship it was then dark lanterns were seen moving on deck. At midnight large numbers of lan terns were visible, and next rooming, when 0 In le If We CI the officers were approaching the ship, they saw a party of men on board, but all of them left before the boat reached the ship's aide. An Investigation showed that the vessel had been looted. Much of the ship's cargo was soon float ing about in the sea, and the temptation to loot was admittedly great, especially to the poor people who Inhabit that coast. Within two minutes after striking the rock, the pressure of air and the inrush of water were so strong that the canvass covers of the air-vents from the tanks were blown off, columns of water shot Into the air, and soon the hatches blew off. strewing the sea with wreckage of all de scriptions, especially Immense quantities of cotton, flour and baggage. The rifling of the mall bags by the natives Is particularly to be deprecated. Foreign letters, most of them opened, were seen scattered along the shore. A passenger came across two fishermen trying to break open a bag, and offered to purchase It. He succeeded in doing so for fifteen cents. It looked like a paying proposition to the fishermen; so they offered five other bags, which they said they knew of and would get on promise of sufficient remuneration. The discussion was Interrupted by the ar rival of two policemen, who agreed that the fishermen should be rewarded if they secured the mall bags; but when it waa gently suggested that the reward should come from the authorities, they decided that the bags ahould be had for nothing. In a field beyond the rocks several empty mall bags were found, with letters Uttering the ground, while Important documents. Insurance policies and drafts were dis covered lying in pools of water. Many trunks and other baggsge belonging to passengers were found out open and em ptied of their, contents. The authorities are being severely criticised for not taking Immediate steps to protect the mall. Out qf M mall bags. It is reported that not more than eighty have been recovered. BLACK BELTS leather, silk and linen. We have a very good line to eelect from. Price 2 5c to $3.50 IING KID GLOVES IS and 16-button. "Magglonl." real kid, very atilleh all col ors $3.00 and $3.50 PIQUE COIXAR ft CUFF SETS for Coata. Many new design at 60c to $2.00 EMBROIDERED LINEN COL LARS Pretty designs In "Stock," aUff and lace collar. J3 ' WEIXLAKDER & SMITH 817 South lfltli. V ci SEEKING MUZZLE FOR PRESS Plea, for "Ola-Feshloned Lawyers" Recalls Incident of Old Fashlened Days. The attention of Attorney General Mc- Carter of New Jersey, who sighs for "the old-faahloned lawyer to deal with the un bridled license of the press," Is directed to a case that occurred In congreas Just fifty years ago, and we euppewe the lawyers of that day must have been old-fashioned enough to suit Mr. MoCarter. On the strength of information received from his Washington correspondent Henry J. Raymond. In the New York Times, charged that "a corrupt organisation of members of congress and oertaln lobby agents at Washington has existed since early In the session of last year," eta A New Tork, member had the article read at the clork'a desk and offered a resolution for an Investigation. A North aCrollna member said there was a member of the iiouse who had been told that there would be fl,5uo (or him If he voted fcr the Minne sota land bill. Alexander K. Marshall of Kentucky said that this statement from a member of the house demanded attention. but "I have no idea," he said, "of giving lo such contemptible things as appear In the newspapers of this country the sort of respectability they would obtain by re ceiving notice from this body." He wis D. Campbell of Ohio said: "It Is not becoming in an American congress ' to stop to In quire into the truth of a charge which is based solely on the Idea that some editor or assistant editor or a newspaper penny-a-line writer has seen fit to malign the body." Samuel Brenton of Kentucky said; ' If there is any close of individuals who should be treated by us with contempt, or If not with contempt with commlnseratlon, it Is those demented fragments of humanity tat hang around this hall for the pur pose of gathering up every whisper and every word that may fall from the lips of a member, even In private conversation, and trumpeting It throughout the land." Did the newspaper survive such wither ing blasts as those from the old-fashioned lawyers and statesmen who composed the house of representative? In spite of all thla contempt for the "demented fragments of humanity" an Investigation was ordered, and the committee recommended the ex pulsion of a member of congress from New York, and to escape expulsion he resigned. Many of the other members Implicated In the corruption were defeated for re-election In 1868. Now, aa then, the corrupt and predatory politician talk about the "lying hounds of newspapers" and propose various ways of intimidating newspaper writers, but all their schemes come to naught because the newspaper exposures have a way of turning out to be true. The ordinary libel laws are quite sufficient to deter newspapers from attacking private personal reputations without sufficient reason, and the histories of municipal plundering In New York and Chicago and Bt. Louis and Philadelphia have Justlfl&l the "unbridled license" of the press. The newspapers are not bridled by political gangs. Philadelphia Record. TELLS OF HIS TROUBLE WITH WHNESS Enmity Begins When sherrllfl Breaka Parole to Dennlsoa nnd Leaves Omaha with Property of Latter. On the witness stand. In rebuttal In his libel suit against the Daily News, Tcm Den nlson yesterday afternoon entered a de tailed denial of the accusations made against him by Prank SherrllfT, the Pollock diamond robber. His evidence occupied the greater part cf the afternoon. Attorney Con nell going into the minutes details of Sher cliff's testimony In his examination. Den nlson was still on the stand when the even ing adjournment waa taken, and his exami nation will continue this morning. Judge Estelle decided to hold one session of court today from 9:30 until 1 o'clock, in order to hurry the case. Before Dennlson went on the stand Fred Myers, a hack driver, testified in denial of a statement made by George Burrler re garding an alleged conversation with Den nlson. The conversation, accord In to Rur. rler, was In Myers" presence, but Myers tes tified no such conversation took place. Dennlson, In answer to detailed questions, denied that he ever suggested to Bhercllff any of the numerous crimes the latter said he committed at tho request of Dennlson. This denial Included all knowledge of the Pollock robbery until he read of It In the papers, and of the alleged Sol Hopper holdup. The witness told of the beginning of the trouble between himself and 8hercllff after Bhercllff had been paroled to him from the Fort Madlann penitentiary. One time after he had been out of town for some time he returned and found Bhercllff had violated his parole by leaving Omaha, securing 50 from his brother, John Dennlson, and tak ing" a valuable watch and two revolvers be longing to the witness. Dennlson afterward Sent Bhercllff another watch, asklrir him to return the one he had taken, but Bhercllff kept both of them. The witness also de nied he had hired Attorney Cochran to de fend Bhercllff. Dull Finish Next Week. Little of Interest developed Friday morn ing, the time being devoted to rebuttal testimony of minor Importance. It Is now certain the case will not end until some time next week. With a Saturday session It Is not probable the evidence will all be In until Monday or Tuesday and a day or two will be required after that for the arguments. M. P. Hooker, who was Frank Bhercltff's banker, according to his testimony, was on the stand at the morning session. His evidence largely related to an explanation of the account book in which he kept ac count of the money deposited with him by Shercllfr and expended in Shercllff's de fense at the Logan trial. Ho was closely cross-examined by Mr. Van Dusen. William Nesselhous testified in rebuttal of the evidence of George Burrier. who said he had had a conversation with Tom Dennlson In the presence of Nesselhous. The latter on tho stand denied he had ever been present at a conversation between Burrler and Dennlson. He said he had seen -Burrier once, but had never talked with him. The morning testimony closed with a deposition from C. E. Doyle of Hamburg. Ia., who wrote fhe entries re lating to Shercllffs money In an account book at the dictation of Witness Hooker. ( () () () O o o o o o ill Goods ''fX' Open Fleures fe P. M. O C) () o () o o o () C) OA cnarge account at tnis store is an easy modern, ana up-to-date way or doing nusmess. luueroni. irom mo r kind you have been accustomed to. Our Ideas are BROADMINDED our methods are CLEAN our mer- Ochandise HONEST and our prices are LOW. ""v WE WANT HONEST WAGE EARNERS FOR OUR CUSTOMERS V J OVour name does not have to be In the blue book to have a happy charge account' with us. Convince us of f J your honesty and we will clothe you and your family from head to foot with garments that will be equal f in quality and price to anything you can buy at "the so called caah stores." 16112 & FAONAM The Peoples rnrnltare ft Carpet Oo, STREETS. OMAHA Established 1887. "CREDIT" IN A NUTSHELL C) 110 FLAT Q Wise Old Smith. Smith. Drown and Jones went to dine with Robinson the other night. On the way Smith said to his companions. "Oh, I say, beware of our hoBt's wine." As a result of this hint Frown and Jones took no wine, but they were surprised to see Smith lmblMng It freely. On the way home they said to him, "What was the matter with Robinson's wine that you ad vised us not to take any?" "Nothing the matter with the quality," said Bmlih coolly, "but I know from ex perience that the quantity would be rather deficient not enough to go round us all, you understand." London Tlt-Blts. Lawaon Smlt Settled. BOSTON, April The ut of the Copper Range Consolidated Mining company, Albert C. Burrage, Thomas W. Lawsnn and others has been settled Out ef court. The terms of the settlement will be an nounced later. The Bee aims to appeal to intellect not to an appetite for scandal, or the sensational and criminal ide of the worlds happen ings. It is read by intelligent people. Intelligence means thrift, whether in homes of the mechanio . or the capitalist. The intelligent, thrifty honaewife reads adver tising with great care to get the best and most for the money she ha to spend. Women read The Bee at home: they do not hare to blnsh If their children find them reading it; In thous ands of homes where there are children. It 1 the only paper admitted to the household. The Omaha Evening Bee A clean and reliable newspaper for the home. lc por copy 6c por week Delivered WANTS ANTI-DOG MEETING Purpose to Orarnnlse to Protect I.lres of Children from Vicious Animals. IRON" DOPE III OUR CLOTHING We Are Sole Agents for K. N. ft F.'e CELEBRATED SINCERITY CLOTHES MEN'S SUITS High quality and expert tailoring characterize every suit we sell. We positively guarantee these "Sincerity suits" to retain their shape and their wearing qualities to be Al. We carry an Immense stock in very pleasing patterns. .Let us show you. Prices range from $25 down to TWO SPECIALS FOR SATURDAY Men's regular 60c silk suspenders and silk four-in-hand ties on sale for only DC All UNPARALLELED LADIES' SUIT OFFER FOR SATURDAY ONLY This Fins alt Satur day 13.60 O C ) 8 o o 8 o o o o o o o We will sell our regular $20 La fi dies' man-tailored suits for only $12.50. Lot includes four popular v-j styles, namely, cutaways, etons, CD ponys and the ever popular Prince chaps. Every suit has full V pleated skirt to match jacket. V -jjf Come in fancy mix- p CJtures and blacks. j "hQU Saturday only $20 j IP f ladies' suits on sale at u WJdb for only M Q OOOOOCOOOOCOOCO0OOOOCOCOOOQ JACKETS FOR THESE CHILLY DATS AVe show a large assortment in O plain and fancy mixture jackets r with and without 'collars, $10 V' values on sale Saturday g gjj ) LADIES' WALKING SKIRTS Q Made of good quality Panama, vv trimmed with wide band of same ( ") material, very stylish, all altera- tinna frv Afnrlo in coll fnr S OS V J our price Saturday MILLINERY Rntnnlnv w will kpII rtiV nf nnr j - j , . $7.50 Ladies' Hats C R v J 4.98 CD .O Within everybody'! reach reaches everybody., OMAHA. April 26.-To the Editor of Ths Bee: This morning- there came to our office for treatment a letter carrier, who. n the discharge of his duty, had been terribly bitten up by a vicious dog- 80 numerous and serious were his injuries and so torn and bespattered with blood were his clothes, and so exhausted was he from his encounter, that he had more the appearance of an insane man than sane. His general appearance and ex haustion were pitiable and left no doubt In the mind of those who saw him that he really had to struggle for his life agulnst in 10 uruie. Now, while It Is the practice of physicians not to communicate their views unasked In the press, we feel this an occasion when silence could be justly rebuked If the at tention of our public officials and cltlxens were not directed to the awful danger In this community from unmusiled dogs Tfle question has really gone beyond that of whether rabies or hydrophobia exists, but Is. whether we as a community are gtJing to safeguard our own lives and those of uur cnuacen. This letter carrier was not even tn the srrt of the owner of thA dno- . .,.. - at " f.-1 willed shows the liability to Injury of every cltixen and every little child from any stray dog. Are the comforts of dogs to be com pared to the safety of peopleT Are we to ...-.. menaces to me and limb simply because a small ruu-t , .... ... , , wuiauon like dogs and nurse a foolish sentiment against muxzllngr It 1. not an argument to say that only some dog. are vicious, or that only the hungry, the fatigued, or the teased are vicious. All nn . . , . - menace Just as well as firearms are In the hands " me pest citicens. We would sugaest that M. t, .v. maor. call a mass meeting of all cltlsens hi n" exreJ views In ..... ...ilrr 10 organise ourselves Into a body to be responsible fnr h. or poisoning- of all stray dogs by any member, or any responsible cltixen, and that a subscription be collected to employ counsel to defend lt fin In S...M.L. snd bring suit for Injuries against the """" 01 S- tnt has bitten a cltlaen or child. MILLARD LANQFELD, M D CHARLES O-NEIL (RJCH, M. D. SUPREME COURT SYLLABI 14374. Rlcr,ardn va. City of Omaha. Ap- 1 iii Umler Provisions of tha statute of hen " aa proposed to equalise the brents to and reTevy and assess special taxes against a part only of the property benefited by a pub.ic Improvement, notice to the owners of other property benefited who had paid taxes formerly assessed to their property on account of Unfits arising from the same Improvement waa not re quired. ' 2. The city council of the City of Omaha will not be restrained from passim an ordinance levying special taxes, equalised by it worn sitting as a board of equalisa tion. In the absence of pror.f of fraud a-ri.ss Injustice or mistake In such equalisation 1MT0. Thoatenen va Doxsee. Appeal trom Custer. Reversed and remanded with di rections. Oldham. C. Iflvlelon No. 1 L A clause in a lease attempting to ereate a lien on the crops to be riUsoJ u the le-axed premises for the payment of rent reserved. Is ineffectual to create either a leg-U or equitable lien on the crops grown thrrvafitr on the leased premises. lirowa va Nellson, 1 Neto., Kb, followed and ap proved. 144M. Fhtpman against Chicago, Burling ton A Julocy .Railway company. Appeal from Dawes Rerersed and remanded. Oldham. C, Ptvlslon No. 1 1. In an action against a railroad oompany for damages far Ions by fire, alle-4 to have been set out from on of tha 4 fendsnt's entrlnea, proof ef the faot that the damage did result from fir aa aet out. without any fault on the part or the com plainant, is sufficient to raise a presump tion of negligence In the. management or equipment of the engine. 2. In such a case, however. It Is prejudi cial error to instruct the Jury that. If the evidence Is evenly balanced on the question of defendant's negligence, they should find a verdict for plaintiff. 14523. Ledwlch against Embree. Appeal from Custer. Reversed and remanded. Ep person, C, Division No. 1. 1. When a party who claims a linn on rral estate on account of detached interest coupons. Is properly made a party In an action by another to foreclose the mort gage, and makes default therein, he Is barred from bringing an action to fore close on his coupons, after foreclosure and sale In the former proceedings, when the petition therein sufficiently puts In Issue the facts upon which he must rely to recover. 14632. Cerny against Paxton & Gallagher. Appeal from Dauglos. Reversed and re manded. Albent, .. Division No. I 1. Petition examined and held to state a cause of action for fraud and deceit. 2. Ordinarily, deceit to ground a recovery must relate to existing facts, but If ons person, by means of a promise which he makes with the secret Intention of not performing it. Induces another to part with his money or property, he Is guilty of ac tionable fraud. g. Where a creditor Induces his debtor to secure a debt by a mortgage on a stock of goods, on the faith of his promise that he will not permit a sale thereof under fore closure at public auction below a certain price, and, that in rase such amount Is not bid, the creditor will bid In the stock and dlttpose of the goods at private sale, ac counting to the debtor for the surplus after the satisfaction of the debt, such proralse Is -not a collateral undertaking, but a part of the original consideration whereby the debtor was Induced to execute the mort gage, and is not witnin section y or the statute of frauds, relating to the sale of 4. In an action for fraud and deceit, grounded on such promise, the creditor having permitted the goods to be sold at public auction below the price fixed, the amount of plaintiff's recovery Is to be de- i termlned by the position they would have occupied had there been no fraud, and they are entitled to the benefit of their bargain on that basis. Hence, the measure of damages in such case Is the difference between the price the goods brought as thus sold and the market value thereof. HMO. Btelner against State. Error, I.n caster. Affirmed. Albert. C, Division No. I. 1 1. A plea in abatement In a criminal prosecution is proper where there Is a de fect In the record shown by facts extrinsic thereto. Criminal Code, Sec. 441. J. Pleading examined and held not to con stitute a plea in abatement within the meaning of the statute. t. Where a so-called plea 1n abatement does not state facts sufficient to consti tute such plea, and contains no negation of any element of the offense charged, a demurrer thereto Is properly sustained. 4. Municipal courts will take judicial no tice of the ordinances of the city, and on an appeal therefrom to the district court from a conviction of a violation of a city nrdlnnnee, the latter court will upon a trial de novo take notice of whatever facts the former court was required to notice iiidicially before the removal of the cause. ',lev against State. 42 Neb.. 233. 6. But a different rule prevails In this court, where such cases are not triable de novo, and such matters must be Included In and made a part of the record pre sented to this court for review; otherwise the correctness of the rullncs of the dis trict court with respect thereto will be pre smed. 14M4. Oakdale H. A L. Company aralnst Peymour. Appeal, Antelope. Affirmed. Oldham, C, Division No. L 1. It Is error for a county court to enter final Judgment against a defendant on the Ahv of his default. 2. Proceedings In error from a county court are governed by the statute providing for error proceedings from a Judgment of a Justice of tho peace. 14i'.T. Wright against City of Omaha. Ap peal. Douglas. Reversed and remanded. Duffle. C., Division No. 2. 1. The City of Omaha, under Its charter of 1&4. is liable to the husband fur Cunee quentul damages suffered by him In con sequence of injuries to his wife raus41 from a defective street or sidewalk in the city. t Written notice to the city 4ven by the wife and conforming to the provisions of Bee. 22, Chap. 12a of the charter, which no tice by Its wording or from the signature thereto brings home to the city knowledge that the Injured party la a married woman whose husband may suffer consequential damage arlntng from her injury. Is suffU tie tne nusoana to maintain ma matntala such action without notice of any kind given to the city, not discussed or deter mined. 14&K7. Lyons against Mullen. Appeal. Holt. Affirmed. Albert. C, Division No. a. Dullle. C, not sitting. 1. The acceptance of a grant of land to a county for road purposes may be shown by proof that the public authorities after ward assumed control over it and Improved a portion of It, and. that It was used by the public as a highway. 2. Evidence examined and held: Insuffi cient to show the abandonment of a public road. 14WW. Cathers against Moores. Appeal, Douglas. Affirmed. Amos, C., Division No. 1. 1. I'nofflclal citizens cannot maintain an action on the behalf and practically In the name of public corporations to recover for the conversions or embezzlements or other tprts or misdeeds of officials of mu nicipalities and of persons having dealings with them. 14oM. First National Rank against Pllger. Appeal, Sherman. Affirmed. Jackson, C, Division No. 2. 1. An action to quiet the title to real estate may be maintained by the remainder men during the continuance of the par ticular estate. 2. In such case the statute of limitations commences to run at the time the adverse claim attaches. MERRY PIPE OF A TEXAN Thinks He Has Foand Life's Great Elixir mmd Dreams ( Llvlns; Three Hnndred Years. At the age of 92 H. H Bourne of Clare mont, Tex., believes he has discovered the secret elixir of life. He Is confident, he says, that with proper application of his system there la no good excuse for a per son dying under 300 years of age. Mr. Bourne says that he will live to be 300 years old. He does not look a day over (0 at thjs-tlme. He has Just returned from a business trip to Mexico, where he made a mule back ride of 200 miles through the moun tains. Every muscle In his body la supple and strong. His mind Is aa clear as a man ef 20. He Is one of the most wonderful men living today. There are many people here who can testify to his powers of en durance and exhibitions of strength. He la a champion "bronco buster" of thla seo- oieot to Uie action. 1 t.fcetbe Che buban4 tlon, despite his 92 years. There Is not an outlaw horse In Kent county that he can not ride. For many years a student tn mineralogy, Mr. Bourne has been applying his knowl edge to experiment with the human sys tem. "The great secret of health and life la purification," ' Mr. Bourne said. "If the human system can be kept pure there will be no decay. It Is stagnation that causes death. I learned my first lesson from the running brooks. I observed that where these streams pass through a clay forma tion the water Is quickly purified and made clear. "I waa growing old and decrepit, like every other man, until I began my experi ment of purifying my system several years ago. I analysed and experimented with various clays, with the view of discovering the best purifier. I discovered that a mineral clay In this county, known as glaclallte, exceeds all other clays in purifi cation effects. I have been using this clay to keep my system clean and pure for a number of years, and the effect has been simply marvelous. I drink the clay with hot water and apply the mixture exter nally, thereby keeping my system cleansed and purified." Botirue waa born on the ocean while his parents were making their way from Ire land to the United States, on Arpll 28, 1815. He accompanied his parents to a point on the Missouri river near what If now Kansas City. He penetrated the west when a boy and settled near the site of Pueblo, Colo., which was at that time a part of Kansas. He lived there fifty-two years. Ho has hunted big game all over and had many fights with Indians In the early daya. He moved to Texas twenty years ago. New Tork World. Sara-eon Commits Snlclde.' VIENNA, April 36.-Prof. Albert Ritter von Mosetlg-Moorhof, the famous surgeon and Introducer of Iodoform, threw himself Into the Danube today while suffering from mental trouble and was drowned. Bee Want Ads for Business Booatera, Comfort Walk through life In Crossett Shoes and youH have an "easy" time of it. ItH be just like your Joyous bare-foot days when you were boy. " Crossett" is another word for shot ease and comfort. CMS SETT 5422 llakes Lifei Walk Easy ufl',? a BENCH MADt S 522 Call on oar ag ent in fear cir or wrha ua LEWIS A. CROSSETT, Inc., No. Abington, m. L 1
