THE OMAHA DAILY BEE: FRIDAY. KEKKUAtlT zi. MOT.
f
KENMSOS CETS NEW TRIAL
Court Erred in Injunction on Trial of
Slayer of Sam Cox.
THOMPSON TO TEST PASS LAW
I lfTtltr Regents Staaa 'Behind
I.anadry Bill and It la Ww t
. . tha Auditor Bar
I What He Will Do.
(From a Staff Correspondent.)
MXCOLN. Feb. 20.-Fpeclal.)-Rrnest S.
VOmntann, whs shot and killed Barn Cox
In the town of Mlnatare, Scotta Bluff
Jotinty and who was sentenced to the peni
tentiary for twenty-four years, today ob
tained a reyoisal of the judgment In the
upremo'1 ei.urt berauae of erroneous ln
t ructions of the trial court. Judge Grimes
of the lower orurt Instructed that malice
la presumed from tha use of deadly weapons.
The supreme court held this error and that
malice could not be presumed. The lower
court cava an Instruction on manslaughter,
which In aubstance shifted the burden of
proof from the state te the defendant.
The court held this was error and that
the THirden' never shifted from the state.
The court holda an Instruction which as
lumesthe crime to ba murder In the sec
ond degree Is erroneous since It la for the
Jury to determine from all the evidence
the Intent Wtth which the shooting- waa
donev Cog was formerly a well known
newspaper man tn Uncoln and at the time
of hla death he was a publisher of a news
paper at -M InatajV: ' Kennlson waa a hotel
keeper. The two quarrelled and fought and
In the fight Cox was shot to death.
New Trial far Hall Cosatr Man.
The supreme court reversed the case of
Joseph Bkldmorn of Holt county, sentenced
to serve five years for stealing nine hogs,
the.- property of John Ferguson. It waa
ahown In th evidence that he planned the
theft. The . court holda that a party
charged aa a principal cannot be convicted
upon evidence tending only to enow that
he was an accessory. One who advises
others to "commit larceny, but who Is sev
eral miles distant at the time of the com
mission of the offense and he takes no
part therein, but assists In the disposal of
the proceeds after the theft la not a prin
cipal but sr accessory.
Ditch District Legal. '
The legality of. the organisation of the
Farm Land; Fremont and Railway drain
age districts Is Upheld In the, decision of
the- court In the . case of the State, ex rel
Harris, et al. appellant, against James F.
Hanson et aL The district waa organised
under the law of 1907, and In quo warranto
proceedings: In.' the district court It waa
decided that the organisers had compiled
with the law. This judgment Is affirmed.
In the case of George McCarter against
the City of Lexington the supreme court
has decided that the keeper of a billiard
and pool hall may be compelled to pay an
occupation tax 'and- also to take out a
license to conduct his business. McCarter
had paid his occupation tax required by an
ordinance of 1904 prior to the passage of
an ordinance in iao6 requiring the owners
of pool halls and bowling alleys to apply
to the mayor and city council for a license
to conduct the business. McCarter obtained
a perpetual Injunction against the city
officers from prosecuting him for conduct
ing his business without a license. The
Judgment of the lower court Is reversed.
Other Opinions.
The following opinions were filed:
County of. Sheridan against McKlnney;
on rehearing former Judgment of this cour:
reyersed; Judgment of district court re
versed; Uarnes. (,'. J. ., -'
Wagner analn.it Whltmore; motion for re
hearing overruled; Reese, J.
Todd against City of Crete; on rehearing
former Judgment of affirmation adhered
to; Calkins, C.
McCague Savings bank against Croft; re
versed and remanded; Duffle, C.
Hoskovoc against Omaha Street Railway
company; reversed and remanded: Cal
kins, C.
Kendrlck against Furman; Judgment of
distrtrl court awarding appellee damages
reversed and remanded; In all other thluga
Judgment of aald court affirmed; Root. C.
Northwall & Co. against Osgood; reversed
and remanded; Fawcett, C.
Wood, administrator, against School Dis
trict No. 3-; Cuss county; affirmed; lip par
son, C.
Omaha Furniture and Carpet company
against Meyer; affirmed; Fawcett, C.
Htappel, administrator, against First Na
tional bank of. Pawnee City; affirmed; Duf
fle. C.
Jenkena Land and Live Stock compar.y
against At wood, affirmed; Root, C.
White agalnav Ross; affirmed; Good, C.
McCarter against City of Lexington; re
versed; Duffle, C. '
Goodrich ' against University Place; af
firmed; Fawcett, C -
Stephens, administrator, against Hendee;
affirmed; Good, C
Kennmon agalnat State; reversed and ro
raandfd; Lelton, C.
Scwiyienfeldt against Chicago, Burlington
and Qulncy Railway company; affirmed;
Calkins. C
Hkldmore against State; reversed; Let
ton. J.
. i Velser against Rroadwell: reversed and
remanded with directions; Duffle, C.
So bent against Supreme Court of Honor;
affirmed; Good, C.
State ex reJ. Harris against Hanson) af
firmed; Kppepaonk- C
Following are the rulings upon motions
(or 'rehearing : i
Bettle against Fledgen; rehearing allowed
. en the question as to whether payment to
the original mortgage discharged the debt.
Wagner, against Whltmore; overrulad.
Stewart against Furer; overruled. Abrv
- hams against City of Omaha; overruled.
Cathers against Glleman; overruled.
Tost of Aatl-Pasa Law.
Attorney General Thompson today an
nounced that he would test the anti-pass
law by' filing a complaint against Dr. F.
A. G jftiani of Lincoln, a Union Padflo
surgndiu iA- suit will be filed to test the
or "Light
Housekeeping"
there's no food bo convenient,
appetizing and sustaining as
Grape-Nuts
Ready to serve from the pack
age, and contains all the food
ulcicnts . of whent and barley
Afcb rebuilds tissues, store up
energy and replace wasted
brain and nerve cells.
A Grape-Nuts breakfast is a
: stayer ' for the forenoon
"There's a Reason"
EPiDEMiCJF GRIP
Pro hub j LArgvl Doe to Long Absence
of Snow.
Natural Remedy for Common Effecti
of the Iieae.
It Is probably true that long abgen
of snow, permitting the presence of an
unusual amount of germ-laden dust In
the air, has had much to do with the
prevalence of grip this winter. It It
not, however, bo Important to account
for the epidemic at It ii to point to
The Itomedy for the common effects
of the blood-polaonlng, prostrating dis
ease. This la naturally Hooa's'Sarsa
parllla, which purifies and revitalizes
the blood, restores the appetite, aids
the digestion and
Renews the Strength. It Is the
clearly Indicated medicine, and thous
ands are taking 1t. Get a bottle today
and If you need a cathartic, get Hood's
Pills also, the tonic cathartic, inas
much as they do not weaken but
strengthen the system as they do their
work.
Hestored Health "My husband and
I took Hood's 8ar8aparllla after a se
vere attack of grip which had reduced
us very low. it gave us appetite and
strength and restored our health."
Mrs. Tho.,.Gllpatrlck, North Gray, Me.
Hood's Sarsaparllla Is sold every
where. In the usual liquid, or in tab
let form called HamaUbs One hun
dred doses one dollar.
legality of exchanging newspaper adver
tising for transportation.
Military Board Meeting;.
The State Military board met this after
noon with Adjutant General Schwars, Colo
nel Store h of the First regiment and Gen
eral Cowln, 'Judge advocate general, pres
ent. Varloua bills were passed upon and
matter of Interest to the guard discussed.
Major Davidson and Adjutant General
Bchwars left tonight for Broken Bow to
begin their inspection of the National guard
companies. .
Rlnaker (or Delegate.
Hon. Samuel Rlnaker of Beatrice Is being
mentioned by his friends as a delegate
front the Fourth district to the national
republican convention. Mr. Rlnaker, while
In Lincoln recently, announced that he fa
vored the candidacy of Secretary Taft for
president, believing him more than any
other candidate, able to carry out the
Roosevelt policies. A republican from Bea
trice said tonight that Mr. Rinaker's name
would be sprung at the congressional con
vention and. all of Gage county would be
behind him, if he conaented to be a can
didate for one of the two places on the
delegation.
Laundry Bill Goes Through.
It la up to Deputy Auditor Cook now to
say whether the regenta have compiled
with the finding of the- aupreme court In
allowing the 111.40 monthly laundry bill
fo the department of household economics.
The much discussed bill was pulled back
by the board when the auditor first called
attention to It and February 15 the re
gents' as a body, after looking Into the
question, allowed the bill again and sub
mitted It to the auditor with a statement .
from Secretary J. 8. Dales In which their
authority for the action Is cited.
Secretary Dales says under the supreme
court decision of the case of the state ex
rel 8 pence Lens company againBt Searle,
the auditor must allow the bill out of non
state funds, that Is, money of the university
raised through contributions of the students
in fees or In other manner, not derived
from the one-mill state tax. '
The bill, as presented, Is for "board,
washing and lodging, aa part compensa
tion" of- the superintendent and servant
of the department of household economics.
It la alleged the bill Is for services neces
sary and customary for the operation of
the women's dormitory at the state farm
pending the completion of the building.
A laundry bill of $61.20 was submitted at
the same time for towels at the bath rooms
In one of the university buildings.
Deputy Cook has r.ot yet indicated whether
he will approve the bill, though. In view
of the reference to the decision of the su
preme court, he1 may do so. The auditor's
office takes the view that such charges
afford a dangerous precedent In state
finances.
Minnesota Paper Rejected.
The state board of educational lands and
funds this morning refused to buy fcJOO.OuO
of certificates of Indebtedness of the Minne
sota university holding them not binding
as against the state. The constitution of
Minnesota limits the Indebtedness of the
state to 1250,000, providing that all Indebted
ness otherwise Incurred must be through
bonds voted by the people.
Democratic Slato Fixed. "
The "Jims" an dthe "Jacks" and the
"Franks" and tha Halls might Just as well
quit squabbling for the slate haa bn made
up and Dictator Bryan and "Mexicanger"
will brook no opposition. That la what a
democrat of Lincoln aald today and he
ought to know. Written on the Mate la the
following: Delegatea at large to the demo
cratic national convention: V. H. Thomp
son of Grand Island, Dan V. Stevens of
Fremont, Mayor Frank Brown of Lincoln
and I. J. Dunn (or whoever the Omaha
bunch wants.) A. C. Shallenberger may
not like the slate; P. B. McKUllp may ob
ject to It; George W. Berge may disapprove
of it, especially as Thompson Is on It; II.
H. Hanks may want to go and so may
a lot more, but they won't be permitted to
leave the old fireside. Regarding the f!ght
on Mayor Brown this democrat said today:
"Mayor Brown Is going to that conven
tion and the rank and file and the party
leadera combined can't kep him away.
Bryan himself has stamped his approval
on Brown and that settles it. Shallenberger
may fight Thompson because they are both
In the same district, and both may want to
go, but Bryan wants Thompson and that
settles it. Thompson wants Stevens bo
cause Stevens can bring In some strength
from the northwest. Then of course, all
agree that Omaha should be represented,
especially since the "Jims" and "Jacks"
made such herolo sacrifices to get to
gether." a Falrbarr Firm Complains.
The Falrbury Iron Works and Windmill
company haa filed a complaint against the
Rck Island, the St. Joseph & Grand
Island and the Burlington railroads charg
ing discrimination in the matter of freight
rates. The complaint waa filed with the
State Railway commission. It is charged
that Llnoofh, Beatrice, and Fremont are
favored In ratea from Chicago, St. LouU
and other eastern points by ( to 35 per cent.
The complainant wants the commission to
either reduce the stale rates or force tha
roads to give Falrbury the same Interstate
rate.
Prlee-' of Board l araaogrd.
Sheriff Bralley and Attorney W. B. Fos
ter of Ouaha were down this afternoon
and' consulted with. Attorney General
Thompson regarding the action of the audi
tor In allowing only 11 cents a day fur
board for state prtsonera confined In the
county Jail of Douglas county, after con
viction. -Mr. Thompson did not change hla
ruling.
Norfolk Pastor Resigns.
NORFOLK. Neb.. Feb. 50.-1 Special Tel
egram.) Rev. W. J. Turner of the First
Congregational chtyeh of Norfolk haa
tendered hia resignation and accepted a
call to Shenandoah,
SHELDON STATES POSITION
Governor Presides at Republican
Convention in Cass.
i
WHY HE IS FOB T1TT NOMINATION
Coaveatloa of game Mind and Puses
Resolutions Endorsing; Secretary
of War aa lirrrnor of
Roosevelt.
WEEPING WATER. Neb., Feb. iO.
(Special.) Governor. Sheldon was made
chairman of the Cass county republican
county convention and hla spcecli was
delivered on accepting the gawL Reso
lutions indorsing the governor's admin
istration and recommendiitf nis continu
ance In office were passed, following a
unanimous Indorsement of Secretary
Taft for president. Congressman Pollard
received the indorsement of the conven
tion for his work at Washington. The
governor was Indorsed for delegale-at-large
to the national convention. The
governor said. In part;
When something over a year ago you
presented my name to the republicans
of this state, as a candidate for gov
ernor you placed great confidence in me.
That confluence Is respected and will not
be betrayed. As governor of tills state
I am content to serve the people of the
whole state to the best of my ability as
God gives me light.
It Is immaterial who are selected as
delegates from this state. But It Is ma
terial Who and what these delegates stand
for at tho Chicago convention. The re
publican party has determined to carry
out cert r. In policies. It Is vital to the
welfare of the American people that these
policies be tarried out. The program. Is
prepared. The work begun is not yet
completed. The man nominated at the
Chicago convention must Inspire and
hold the confidence of the voters of this
country, in my opinion the nomination
of a reactionary republican will be fol
lowed by defeat. The electtoh of a dem
ocrat will stop the progrewbive movement
which has been Inaugurated and which
is uuw being carried out by the repub
lican party.
Theodore Roosevelt was born and
reared anioni; the -rich. He has also
endured the hardships and privations of
the poor. lie knows man .i.i.l the wava
f man. He knows nature and the laws
or nature. lie Is honest and Intensely
sincere.
Until he made the second declaration
I stood for his renomlnation. I would
stand for It now If I were not convinced
that such a position Is no longer tenable.
Indiana Is for Fairbanks. Illinois and
parts or Michigan are for Cannon. Wis
consin Is for La Follette. Ohio is for
Taft. Pennsylvania la for Knox. New
York is for Hughes. RooFevelt out or
the field made it easy for favorite sons
to gain the indorsement of their states.
It seems unreasonable to assume that
these men wili not have some support In
other atates.
Principles Most Important.
While the republicans of the west are
for Roosevelt, we must not forget that
principles are more Important than men.
The vital interests of this country demand
that a man shall be nominated who will
stand for the republican policies and prin
ciples of Roosevelt. Then what Is our
duty?
The plain duty of the Roosevelt republi
cans is to unite behind one of the candi
dates who can best be depended upon to
carry out the will of tho people. What man
then should the republicans of Nebraska
Bupport? Roosevelt would not wittingly
lead his party or his friends astray. He
would not suggest any man as a candidate
that he did not firmly believe would carry
out his policies. No one Is In a better po
sition to Judge what one of all the candi
dates is best fitted to carry out the things
in which Roosevelt believes than he him
self. Roosevelt ' has. however, made a
suggestion. The man he has suggested
has been a part of the Roosevelt admin
istration. He has traveled thousands of
miles and encircled the globe on missions
of trust and never has been found want
ing. We know of the great secretary of
war and his works. We know he declined
the highest honor that can be conferred
upon a lawyer to serve hla fellowmen. We
know he is candid, honestMand sincere. We
know he is not a politician, but he is a
statesman. We know'lie if -a patriot. We
have heard his recent declarations')!) pub
lic questions. Judging hinv by 'deed j;jir
formed in the past, we can conxclqutiously
believe he speaks the truth wheis. 'h de
clares for the republican policies of Roose
velt. After years of the closest kind of
political associations, Roosevelt comes for
ward and says. My fellow countryqien, it
Is best for the eternal preservation fcf the
sacred liberties of our people that Hie
precedent established by George Washing
ton be not broken, but that another man
who can le depended upon to (iarry out
the policies of the people be nominated ly
the republican party, and suggests as that
man, William H. Taft of Ohio.
The Cass county state delegation is com
posed as follows:
Governor George L Sheldon, John Adams,
J. A. Clements. C. E. Pool, W. W. Cole.
E. M. AndruB, L. J. Mayfleld, Orlando
Teft, W. Gllinun, F. H. McMally, C. H.
Boedeker. L. U Wiles. C. E. Teft. W. H.
Pool. R. B. Windham, H. C. McMaken,
W. H. Newell. George Bates.
Congressional delegation:
Congressman E. M. Pollnrd, J. S. Rough,
A. Duncan, F. M. Cox, D. Linn, C. E.
Noyes, E. S. Newton, C. D. Qolnton. A. N.
Btilllvan, H. Schneider, Lloyd Oaben, C. D.
Clapp, M. M. butler, Fred Neuschaf fer,
C. E. Hay, J. M. Teegarden, George Hunt.
George L. Tealey.
GENEVA. Neb., Feb. 20. (Special.)
Tuesday night the republican primary was
held. As a blluard was raging at the
time only thirty-three votes out of over
200 were present. Taft received 19 votes,
Roosevelt 8, La Follette G.
Clar la for Taft.
CLAY CENTER, Neb., Feb. 50. (Spe
cial Telegram.) At the republican
county convention held today delegatea
were chosen to the state and congres
sional conventions. '
The state delegates were Instructed to
voe for Senator Brown and Governor
Sheldon as delegates-at-large to the , na
tional convention.
The vote on presidential preference was
as follows: Taft, 72; Roosevelt, 47;
Hughes.xt; La Follette, 14.
FAIRBURY, Neb., Feb. 20 (Special.)
At the primary election held yesterday
for a preference for president a light
vote was cast, of which Taft received
68 per cent of the vote cast and Roose
velt 25 per cent. The balance wexe
divided between Hughes, La Follette and
Knox. The republican precinct caucus
selected delegates to attend the county
convention to be held February 22.
Farmers' Inatltata mt Harvard.
HARVARD, i Neb., Feb. JO t Kpeclal.)--An
Interesting 'and roost profitable ses
sion of the Farmers' Institute that has
been In session for two days at Stoker'
opera Iioubo closed late last evening.
There were Interesting talks and papers
given. Among those to contribute with
talks on Important farm subjects were
ex-Governor W. J. Poynter, N. E. Leo-
A CURIOUS FOOD
Elijah's
Manna
IT'S CHOICE, TOO.
Easily the most delicious flavor of any
flake food known.
- To Cooking Beaalred.
Be anre the food ooraea to tho table
er,P- When package Is allowed to
remain open the moisture of tha air
makes It tough. In such oaae insist
that It be dried In an oven aa per di
rections on pkg., then It Is dellcoua
Large Tamily ykg. 15a,
Poatum Cereal Co., Ltd.. makers,
uartie creek, Mich.
nard. W. P. Snyder of North Platte sub
station and Miss Wolford. tha last
speaker dealing with questions relating
to woman's work In the home and with
tha smaller things of tha farm. There
were 1(1 exhibits by seventy-eight per
sons pertaining to crops raised on the
farm and cooking In the homo. Thore
were fifty prises given, valued each from
II to $5. the work and Interest ahown
by the boys and girls under 16 years of
age being remarkable and evidencing
much Interest by this elans In this com
munity. One boy received first, $S, and
third, tl, on clasa In corn.
HORSE'S HEAD UPON ENGINE
Flrat I ad ration of Aeeldent at
1 BarUnaton Crouilna; Near
Marqoette, Tfeb. '
CENTRAL CITY. Neb., Feb. 20 (Special.)
The sight of a horse's hesd hanging around
the front part of the engine was the first
indication the engineer on the north bound
Burlington passenger train had that he
had run down a horse and buggy and
nearly killed the driver Just as he was en
tering Marquette yesterday afternoon. The
accident happened at a crossing south of
Marquette, the Injured man being Peter
Oscar, a builder of ement walks. A heavy
snow storm was raging at the time and
Oscar when he attemped to drive across
the track, apparently did not see the ap
poachlng passenger. When the train struck
the rig the horse waa picked up on the
cow-cateher, and the buggy and Its oc
cupants hurled to one side. The horse was
almost Instantly, killed, and the man was
so bruised about the head that for a time
hia life was despaired of, but a subsequent
examination showed that his skull was not
fractured and that he would recover.
ANOTHER THAtitDV IN FAMILY
William Boehe Breaks Through Ice
in River and Is Drowned.
NORFOLK. Neb.'. Feb. 20. (Special Tele
gram.) On the evening of hla departure
from Norfolk and on the evening of the
second murder trial or his brother Her
man, William Boche, a prominent farmer,
who lived two miles southeast of Norfolk
for years, fell through the Ice of the Elk
horn river and drowned. Boche was missed
this morning by his family, but nothing
definite concerning his whereabouts was
known until late today, when his dead
body was found on a sandbar, a half mile
below a hole in the Ice, through which he
Is auppoaed to have fallen.
Boche had Just recently bought a farm
near Bioomfleld and next week was to
have sold his personal property at auction.
He was bound for the camp of his cousin,
Fred Boche, when he drowned. His foot
prints In the snow led up to the break In
the ice.
It waa William Boche who was fighting
with George Ives on the old farm almost
nineteen years ago when Herman Boche,
the brother, raised an ax and killed Ives.
Herman waa acquitted on the ground that
he killed in defense of William. Last May
Herman shot and killed Frank Jarmer
here and for thla ho Is to be again placed
on trial for murder next Monday. Tho
father, William Boche, sr., who died about
a year ago, waa one of the original set
tlers In this county and when he died It
was said he had left several hundred dol
lars In gold burled on hia premises. Fred
Boche, the cousin, to whose camp William
Boche was going when he drowned, is
probably the tallest man In Nebraska,
measuring six feet eight and three-quarters
inches. He is a hunter and trapper and
haa lived out In a' tent tn the woods eight
years.
BRIDGEPORT MEN FOR GUARANTEE
Commercial Clab .'Passes Resolatlons
In, Favor of Legislation.
BRIDGEPORT. Neb.. Feb. 20. (Special.)
The' guarantee of the state behind de
posits In state banks and) the guarantee of
the government behind deposits In na
tional banks meet with favor from the
Commercial club of Bridgeport. A special
meeting of the club was held February
15, at which the subject was discussed and
resolutions were adopted. The officers of
the club are: Mark Spanogle, president;
J. E. Le Blanc, secretary. The resolutions
follow:
Resolved, That we favor legislation pro
viding for the guarantee by the state of de
posits In state banks, and reimbursing the
treasury for any loss sustained, by a levy
upon all state banks In proportion to their
deposits; and further
Resolved, That so convinced are we of
the efficacy of this measure In restoring
confidence and starting the wheels of com
merce that we urgently request the gov
ernor to reconvene the legislature In spe
cial session to enact the necessary law.
Resolved, That we are tn favor of gov
ernment guarantee of national bank de
posits, and in the event of loss the gov
ernment to be reimbursed, either out of a
fund accumulated by an annual tax on
all banks In proportion to deposits, shown
by designated statements, or If that fund
should tie up too much money, then by
assessment levied on all at time of failure
and based on deposits shown.
Resolved, That we are opposed to Aldrlch
bill, because It Is plainly in the Interest
of the large banks In New York, and
grants a dangerous power In permitting
contraction at anv time, and In any
amount tin to the limit of additional Issue.
Resolved, That we are opposed to Fowler
asset currency bill for various reasons; to
enumerate some:
1. It lacks basic value that Insures sta
bility. 2. It Increases the liability of the banks
at a time when the general a' "Mienslnn
Is they may not respond to j:.. nt lia
bilities. 3. A half billion guarantee fund 1s too
much to take lroni the banks when statis
tics show such a small per cent of loss
under present methods.
4. A I per CPnt tax In circulation equal
to capital and surolus will he found so
heavy that tho banks will make their pa
trons pay it in Increased discount rate.
FRANK CASK GOES TO TUB Jl'llY
Defense Bnbmtta No Testimony and
Waives Arxnment.
PAWNEE CITY. Neb.. Feb. . (Special
Telegram.) In the Frank murder trial, now
being heard before Judge Raper In dis
trict court, a Jury was obtained without
serious trouble. The state. It would ap
pear, la endeavoring to ahow that Mrs.
Frank was shot from a stairway which
went out of the room In which her body
was found. The testimony of the coroner
and Dr. Wilson, now state health officer
at Lincoln, was to the effect that the bullet
which killed Mrs. Frank, after carrying
away a portion of the right ear, entered
the hraln and took a downward courte,
and that there were no powder stains. It
was further shown that she waa left
handed. Today the cise came suddenly to a close.
The atate concluded lta testimony about 10
o'clock this morning whereupon the de
fense stated it would not offer testimony,
but asked the court to Instruct the Jury
to bring In a verdict of acquittal on the
ground of insufficient evidence, which waa
overruled by the court. The slate made
Its arguments, the defense declining to
make any argument. The court gave his
instructions and the Jury retired about 3
o'clock this afternoon.
Merrick Calls Convention..
CENTRAL CITY, Neb., Feb. .-(Spe-clal4
The republican county central com
mittee has decided upon a county conven
tion aa a means of electing delegates ti
the state convention and accordingly has
called one to meet In Central City on
Thursday, March I. The call provides for
ninety-five delegates, the basis of repre
sentation being one delegate for every
fifteen votes or fraction thereof cast for
Charles B. Anderson for university regent
at the laat election, with two delegatea-at-
iarge freiu ach township. At tha meeting
of th contra! committee tho prevailing
sentiment seomed to ba for the election
of delegates by caucus, very few of those
present favoring the direct primary. The
aenttment against the direct primary
seemed to be especially strong among the
representatives frrfm the country districts.
rRJRIE PHONK MANAGER HHORT
aasnomoMH
Investigation by Officers Reveals
Fallare to Report Cash.
DAVID CITT, Neb., Feb. 10. -(Special. )
Monday a director of the Surprise Tele
phone company waa in this city to asoer
taln why a number of business men were
bohlnd with their telephone rit. He found
thst the bills had hwn paid snd no money
reported to show for the collections. In
vestigation of the books were made next
morning. A. S. Brown, manager of the
offlre. failed to make his appearance. He
had left town Monday evening, slaving no
word where he was going. As to the
amount he la short no definite figures can
be secured, only that he Is $700 short, so far
as discovered. Mr. Brown has acted aa
manager of this company In David City
fbr two years and has given good satisfac
tion and was well liked as a clttxen. Some
of his close friends declare he has gone to
get money to make good the shortage.
TAFT HAS BIG MAJORITY IN BOON E
More Than Twice aa Many aa Alt
Other Caadldatea Combined.
ALBION. Neb., Feb. 30. (Special.) the
official returns of the primaries held In
Boone county Saturday, February 15, by
the republican party shows the following
returns: Total vote cast, 2X1; Taft. 163;
Cannon, 6; Fairbanks, 2; Hughes, 10; La
Follette, 22; Roosevelt, 28. .
Blockade Lifted at Falrbury.
FAIRBURY, Neb., Feb. 20.-(Speclal.)
The snow blockade of the railroad, which
had lasted since Monday night, was broken
last night and all passenger and some
freight trains are running. The Grand
Island road succeeded in getting a train
through from the west and trsln No. 3
from tho east was nearly on time on tho
Rock Island. No. 6 from Omnha and the
Kansas City train came in about four
hours late. No. IS from the west arrived
at S o'clock this morning. Other trains
are expected on time. The weather Is
warmer, with light wind from the south.
Donation for Y. M. C. A.
NORFOLK. Neb., Feb. 20. (Special Tel
egram.) W. P. Butterfleld & Bon today an
nounced their willingness to contribute
$2,500 for the Norfolk Young Men's
Christian association building provided
It is located on the same lot as the pro
jected Carnegie library. Other elmilar
contributions are anticipated and It Is
believed the Young Men'a Christian as
sociation building will be secured.
Omaha Firm Low Bidder.
YORK, Neb., Feb. 20. (Special.) When
bids for the Elks building were opened the
bid of P. J. Creedon & Son for the building
without painting, heating, plumbing, light
ing and wiring waa the lowest. There
were seven complete bids for the building.
The contract, owing to some difference In
Interpretation of the contract, was not let.
The building completed will cost 330,000.
Railroad Traffic. Heaamed.
BEATRICE, Neb., Feb. 20. (Special.)
Traffic on the railroads was resumed
today as usual. The Burlington and
Union Pacific are again running trains
on time and the Rock Island suc
ceeded in getting the westbound passen
ger through to Falrbury. All eaatbound
tralna were annulled.
Nebraska, News Notes.
PLATTSMOUTH The clothing stores In
this city will be closed In the future at t
o'clock in the evening. 1
KEARNEY The basket ball team of
Hastings will play the Kearney ball team
here this coming Friday evening.
YORK Mrs. George Spears, a well known
resident of York, dted from cancer of the
stomach. Mrs. Spears lived here -for many
yeara.
NEBRASKA CITY Lewis Stahlhut and
Misa Julia bwenson were united In marriage
last evening al the home of the brldu a
parents, Mr. and Mrs. Clement Bwenson.
ARLINGTON Some interest la being
taken In politics. Primaries will be held
February 28 In the townships and the
county convention on February 2D.
AINSWORTH The twenty-sixth of this
week the firemen will hold their annual
ball for the season to raise fundi to buy
a hook and ladder truck for the company.
BEATRICE County Attorney Terry has
instituted suit against the estate of the
late C. Will Miller, which la valued at
.ou,0u, for the collection ot inheritance
tax.
DAVID CITY George Sheldon, sr.. died
at his Home In this city, Tuesday night, at
the age ot In years. The funeral will bo
held at the Bapllal church, Friday after
noon. FAIRMONT Last evening at the home
of Mr. and Mrs. N. J. Dixon, a few miles
northwest of town, their daughter, MIhs
Emma May, was married to Luther M.
V alenline of Lushton.
ARLINGTON One more case of small
pox has developed and been taken to the
pest house. Many have been exposed and
new cases are liable to develop. A strict
quarantine is now being enforced.
WACO Burchard Naber, an old and
highly respected clttxen, died at his home
south f here last Thursday after a short
illness. Interment was in the German
Lutheran cemetery south of Waco.
TECl'MSEH Word comes to Tecumseh
thst William Howorth, well known in this
city, and Mls Leotia Cope, a popular
young woman of Mitchell, 8. D., were
married at the home of the bride In Mitch
ell Wednesday evening.
BEATRICE Ben (joule, who haa been on
a trip to Havana and old Mexico in coi..
pany of George Coons, who owns a large
cotfee plantation near Vera Crux, returned
home yesterday. Mr. Coons will remain
in Mexico probably until spring. v
FLATTSMGUTH The republican voters
in this county have received from J. 1J.
Strode at Lincoln sample ballots and ask
ing ull to vote at the primaries for Rooee
velt, as they did In Lin oln, where .the
Lancaster county Instructed for him.
WYMORE Yesterday evening a quiet
wedding took place at the home ot Mr. and
Mrs. Charles Widener, who live four and
a half milts southeast of the city. Their
oldest daughter, Anuetta, and Charles P.
Fullon were tiie contracting partiea.
NEBRASKA CITY The restaurant oper
ated by Francis Gallagher and cigar stove
owned by Theodore Gerber, were destroyed
by fire -sterday morning. Tho fire was
confined to the two buildings and the loss
--as partially covered by Insurance.
BEATRICE J. W. Blck. yeslerday re
ceived a message announcing the death cf
his brother, John IJick, whlrh occurred at
York, Monday night, after a brief lllnea.
Mr. Blck was about 75 yeara of age and la
survived by a widow and five children.
BEATRICE The prohibitionists of this
city r making plans to wage a war on
the s loons tills spring, and from all ap
pearances tho light wll be a warm one.
This action waa doclded upon at a meeting
of the cold water forces Monday evening.
FAIRBURY Camp No. 1.W, Modern
Woodmen of America, initiated a class of
twenty-five members last evening. Visit
ing teams from camps at Alexandria and
other towns were present and the evenlng'a
work win concluded with a must enjoyable
banquet.
WYMORE The funeral of Mra. 8arah
Taylur was held from the Evangt-iical
church in Blue Springs ynsterday. Mr.
Tyler was born In Gel many si vunty-elght
years ago. She had Inn sick for nearly a
vtar. tMie is survived by one son, Mike
Btrohecker.
TIX'UMSEH-MIss Anna Gerreitts. the
daughter of Mr. and Mrs. G. U. Gt-rrietts,
who rive southweat of this city, and John
Bommerhalter, a popular young 1 armor,
who live near Hteinauer, were married at
the German church near Btelnauer Thurs
day afternoon.
YORK Miss IaA Newman, who waa
t a 1,1 ed by a so-called 'Jack the Ripper"
at Louisville, Ky., arrived home this week
and is tak'tig a much needed rest. She is
not fully recovered from the injuries re
celvui. livery effort was made to find tha
party wh made the aJi-aulL
KEARNEY Kearney la to have what
ahall be known as a rest room. The con
cert that will be given by the XIX Cen
tury vlub at the opera house thla coming
Tuesday will bo for tha benefit of ILU
Eight More Shopping Days
Our February Clearing Sale
THKKK IS XO QI KSTIOX HIT THK KKMAIMNG
DAYS AVI M WITNESS THK MOST DHASTIC l lUCE
CTTT1NG KNOWN TO OMAHA.
RADICAL AS OVR METHODS HAA'E BEEN DUR
ING THE PROGRESS OF THIS SALE WE MI ST GIVE
WAY TO METHODS MORE RADICAL.
Furniture. Carpets, Domestics and Oriental
Rugs. Lace Curtains and Draperies
OF EVERY CHARACTER AND DESCRIPTION WILL
BE RUTHLESSLY SACRIFICED.
AVE MI ST MAKE ROOM FOR THE NEW SPRING
STOCK WHICH AVILIj ARRIVE .MARCH 1ST.
RKMEMRKU IT IS THE IDLICY OK THIS STORE
THAT A Mi GOODS I'lIK'HASED rXIlt ONE SEASON
MI ST BE SOLD AT ITS CLOSE.
DY TAKING ADVANTAGE OF THIS OPPORTUNITY
YOU WILL HE THE SAVER BY MANY DOLLARS.
REDUCTIONS RANGE FROM 10 TO 60 PER CENT
Miller, Stewart & Beaton
413-15-17 So. 16th Street.
'wryiMpjiMBi
HSMJ .
Institution, and nil proceeds will be de
voted to and tor this purpose.
BEATRICE Mrs. Julia Helnrlchs, a na
tive of Germany, died Tuesday night at the
home of Henry 1'enner wtth whom she had
lived for nearly half a century. She was
years of sge and leaves no family, her
busband having passed away In the old
country before she came to Ameilca.
bKAl'ltiCEr-W. P. Noreros yeeterda)
rrcelvi'd a telegram from Uenver staling
that Miss Clara Lurtram, a former resi
dent of this city, was seriously 111 in d
hospital at that place of pneumonia. MHs
Bur tram went to Denver some time uno
und became a trained nurse. Her recovery
Is doubtful.
R EN BDIOT Clyde Keeler of Benedict
and Miss Maud Noel of bradshaw were
united in marriage and Immediately sfi.r
the ceremony Harry It Rarrls of ntroms
burg and Miss Loreua H. Keeler of Bene
dict were marrliul by Rev. Alexander Ken
nett. both couples are well known and
will farm near benedict.
BEATRICE1 The marriage of Miss Milk
Swan, daughter of Rev. and Mrs. T L.
Bwan, to Frank llnyles ot Heward, Neb.,
was solemnised yesterday atternoon at 1
o'clock at the bride's home In this city.
Rev. Mr, Swan, father of the bride, offici
ating. Mr. and Mrs. baylea will make
their home on a farm near rward.
BEATRICE The funeral of John Warren
waa held yesterday at the family home in
this city. The services were conducted by
Rev. J. E. Lavls, pastor of the Christian
church, assisted by Rev. Edgar Price ot
Council bluffs, la, a former Beatrice resi
dent, and an old friend of the deceased.
Interment waa In Evergreen Home cem
etery. CENTRAL CITY The firm of N. O.
Nordstrom & Co., have this week dissolved
partnership by mutual consent, N. O. Nord
strom retiring from the business and P. M.
Green of Aurora, assuming lull charge.
Mr. Nordstrom has had the management of
the business since Its establishment here
three years ago. Mr. Green is an Aurora
capitalist who has Quite extensive Interests
in this part of the state.
BEATRICE Not in the memory of the
oldest Inhabitant has there been so muon
sickness from pneumonia and grippe In
Gage county as during the laat few inontl.a
Many deaths have occurred from pneu
monia, the disease usually proving fatal
with aged persons and children. Two new
cases were reported yesterday. The physi
cians say that the recent snowfall will im
prove the health of the community.
CENTRAL CITY After a partnership ex
tending over twelve years, the firm of
Forbes & Machamer of this city has glve.i
notice of dissolution, F. J. Forbes, the
senior member of the firm withdrawing
to put his money into business elsewhere,
ana J. W. Machamer becoming sole pro
prietor. Forbes fc Machamer conduct a
large dry goods and furnishing business
here, and are one of the best known firms
in thla part of the state.
PLATTSMOUTH W. F. Wood passed
away at his home in Chicago after suffer
ing a stroke of paralysis. He was an
architect, and designed the Horticultural
and Agricultural buildings at the tit. Louis
exposition. Mr. Wood was a member of
the lodges of Elsn, Knights of Pythias
and a thirty-second degree member of tho
Masonic order, and leaves a wife and six
children, Clifton G. Wood of thla city
being the youngest son.
CENTRAL CITY A crowded house
greeted the production of "In the Absincs
of Busan" by a home talent cast at the
Grand opera house last evening. The play
was given under the auspices of the Young
Men's Christian association, the following
young people participating: Miss Jessie
Martin, Miss Charlotte Rlckell, Miss I not
Hord, Miss Bessie Powell, Miss Ruth
Anderson Miss Florence Pa mum, Mr.
Cecil Miller, Mr. Clark Cole, Mr. Roy Par
ker and Mr. Bten Nordstedt,
NEBRASKA CITY Snow fell to the
depth of sixteen Inciht In this section and
drifted so high In roads and lanes that
all traffic was stopped. A funeral pro
cession In the vicinity of Punbsr started
for this city yesterday and the roads wero
so badly blocked they were caught In the
drifts. The neighbors turned out and.
driving nearly loO head of loose stock ahead
of the cortege, broke out the road and
enabled them to reach the city.
BEATRICE The Board of Education and
the Beatrice Commercial club held it
largely attended meeting last evening to
discuss the question of erecting a new high
school building. Addresses were made by
different ones present, and the general
opinion prevailed that Beatrice Is budlv
in need of such a building. The board has
derided to purchase a new site, but will
probably not take any action In the maitcr
M of the label. Klipv
ff If it is the blue and rfKWV
ff gold banner label of
11 ??. Denied In Dond i llf4jA!fet
you will get the purest,
smoothest, most delicious
wniskey made
"Since 1857"
write us for name of di
who will.
if
A. Cuckenbeimar oV Brca,
DUtUlert
PltUborgk,
MEN
WtIU for
until after the sieclal elootlon to bs held
Man h lo to vote bonds f ir the erection of
a new building to rust tnu.UOO.
MIXDKN Valentine ' baab was found
dead In the home of J. (I. Oolnga this
morning. The coroner, oounty attorney
nnd sheriff were asked to come out and
Investigate, which they did and found that
tho deceased hail come to his death through
heart tallure. lie was In tho habit of r
tiring later than anyone else In the family,
and as usual the nlKlit lefrro remained up
to the last. He never retired, for he had
fallen out of his chair d'-iid and was found
the next morning when the oplo arose tn
attend their usual dsv's duties. Tho coro
ner decided an Inqunst unnecessary.
dimple Remedy tor LaGrlpp.
La gripi toughs are dangerous, as they '
frequently develop Into pneumonia, Foley's
Honey and Tar not .only stopa the cough,
but heals and strengthens the lungs so
that no serious results need be feared.
The genuine Foley'a Honey and Tar con
tains no harmful drugs and la In a yellow
package. Refuse substitutes. For sals by
all druggists.
Most Wonderful Healing.
After suffering many years with a sore.
Amos King. Port Byron. N. Y., was cured
by Bucklen's Arnica Salve. Zc. For aalo
by Beaton Drug Co.
NEBRASKA FROM DAY TO DAY
Qaalat and Cnrlona Features of Life
la a Rapidly Growing;
State.
They Hare a Choice Columbus people
are getting a little moro particular about
leaving their week'a wash out on the lino
In the night, for there are thlevea abroad
in the land and sometlmea they awlpe the J
whole week'a wash, especially the under
wear. A Correction The Falrbury Jornal aays
that "Annie Vlo Gatea, the Wymore woman ;
editor," wanta to know why women wear
alxteen-button gloves snd only two on
her shirtwaist, and saya it'a because tha
gloves cover, mbro of tho anatomy than
the shirtwaist. That is probably true In
some cases, but I'd like the Falrbury man
to know that I do not register from Wy '
more. Auburn Granger.
"
Stung A man dropped Into the News of
floe Monday, chuckling. Aa we can no
longer mail papers with over a year's su1!- '
scrlptlon due on them, a few who wera
behind more than that were "laid off"
from the list. It so happened this m-n
was one of the number. The reason he
chuckled was because a bunch of sponsors
were In the habit of swooping down and
burrowing his paper almost before ha
could get It open. They were on hand as
usual, but the paper wasn't, and cur
friend had a nice little laugh In his aleeva
watching the spongers skirmish around to
find aomeone else's paper. Some folks are
so "economical" that they look to moat
people like 3U cents. Eustis News.
This Mar Interest Toa.
No one Is Immune from kidney trouble,
so Just remember that Foley'a Kidney Curs
will atop the irregularities and cure any
case of kidney and bladder trouble that la
not beyond the reach ot melllclne. For sale
by all druggists
Program for Killtora.
CRE8TON, la., Feb. 10. -.-(Special.) Tha
following program has hen announced bf
Secretary Hull of the Iowa Editors' asso
ciation fo.' the session to he held here Feb
ruary a:
"Why I Attend Editorial Meetings," 8. M.
Ore. ne. Charlton Herald.
"The Linotype In a Weekly Office. W.
D. Junkln, Albla Republican.
Voire Husky f Throat loraf
Try Red Cross -J- Cough Wops, fie per bog.
Pa.
CUItED 500
FOR.
am H iisj z ' yj. ivji
laia V.-i'isr'.
..i. &r
W"E CTRE, THEM YOU PAT VB OUR FEB
Eatsbllstied 1b Omaha IB Year.
FREE
Consultation
and Examination.
Symptom BUank fr linine TrtatmesT.
Dr. Scarlco & Soarics
8. E. Cor. 14th and Dcug. Sta., Omaha, Neb