10
rrrir ryr m
12
TIIH OMAHA DAILY
SATt'HDAY, DKCEMBKH
.'. 1003. m J
tion
Big Reduction Sale
Big Reductions on All Ladies' Suits
For tnninrrnw'i selling we offer yon any of our
$25 Oil and (27 S') Ladles' Suits msde. In all this sea
"'!' latest style and correct models: lare variety
4
pi riom.: some mane wim folds and anlln and taf
feta hands, trimmed with buttons and braid. Vsluee
mar, we nave not iieen anie to offer
you before this season. In order to
make tomorrow a bin selling event.
will place these all In one hi- lot
and offir them at the remarkabln
low price or
Big Reductions On Ladies1
Made In thl sea
son's latest styles, alt
colors Including black.
"ome In different
lengths, some 42-ln.
Many garments full
lined, and positively
rould not be boilyht
elsewhere for less
than tl'.KI. For this
special selling event
we offer the entire lot
at the remarkable low
price of
$9.95
K m vB M ' a a
i 1 .11
One
Dollar
a Week
Will
llrt'Fs
Yo-
'.Vol I
OUTFITTING CO.
1315-17-19 FAR NAM ST.
At the Theaters
'A KnlKlit for a Doj" at the Boyd.
"A h night for a Day." a musical comedy
in two arts: book ai d lyrics bv Robert U.
Siniln; music by lUymnnU lliibb.il.
stage. by tin Sohlke; under dln-t-UiHi'oP
H. II. Kiaxce. Tho principals ;
Mtno. UouiiHtry, of Mnie. ybodburys I
3-uiti.ui J Jill lOUI.g l.Htll J ,
1 Audio Winlock
Klmm, .Mine.
Kmllc Siirlotjn
oodbury( daughter
Kleanoi- Irving
u univisity student
. James AlcCoimack
ilarceilnc, the senl.o chief Inventor of
Marcelinc's Mc;;pnuce. . Eugene Moulan
Fir Anthoi:,- Ollvor, Muriels father....
Willi im Garrett
Muriel Oliver, civ of Mr.ie. Woodbury's
pupils ....-t'. Gertrude Hutcheson
Marto, a ('(Flcaii .... Jamea 11. Urennan
JOMHtliiin Joy, an alleged lawyer, by
prow
Tille ITv. ,i servant ladv.. . .Elsie Herher't
A"f3n. nn exnressman (.puree Stevens
in!:a hns had th" pleasure at one time
another cf seeing a number of verv
vrr 'm"le "clowns," anion; l!wni Toby
T-TL it:de. A,H Deavca, Mahcl HI.e, fit sale
JliVc,
IcVuy and other who have wrl'ten their !
names more oi leps "liiin-,-" en the scroll
of fame held aloft by Thespll in t'.itue days
cf musical comedy; but dm:ii n ;-.uan't seen ';
any who are mere worthy of t ie calling
than Elsie Herbert. If It nvre not for ,
l.er the present productlm or "A Knight
for a Day would be ntt'.iir flut. But
K.lsle Is a dear, gocd girl, and works like
a Trojan or a chorus glil trying to make
good, and she surely does lift the part
she has above the medium line. She is
good, and that's all there Is to It. Bobby
Barry Is supposed to be the headllner of
the bill, and the part he has probably
entitles him to the place, but bis work
Is not as finished or as satisfactory as
that of MIsh Herbert. Tie Is clever In his
way, and does all ho can with his op
portunities, but he hasn't the same In
tuitive grasp of a situation nor the ficulty
frr getting a laugh out of. a look or a
Boston's New Hotel
Bida you nd" your friendi a hearty
welcome. No pain will be pared
to make your next visit a longer one.
Excellent cuiaii 4 with lervic the
bed, amid turroundingi (astidiotuly
appointed. Everything new, attrac-1
tive and coiy, with price reasonable
The Brewster
Cor. BoyUton and Wuhington Sti.
TEL. 41440 OXFORD.
Dinner partitt before and after the
theatre will icceive our special at
tention. Ladies w'ltn shopping
will find it moA convenient to have
luncheon here with every known
comfort and exclusion-
Ainslie & Grabow Company,
Operating
Hotels Leaas,Tuileriee & Empire, Baetea
New Oeeea House, Swaaipscott
Hotel THckfUU. Jaaseice, W. L
HO rEL
COLLING WOOD
WEST
NIW
YQIK
an '
Oa tae Block IttWMi
5th Ave. &B 'way
Offers select accomodations to dis
criminating people.
ABSOLUTELY FI REPROOF, and
affords every facility for the eoru
fort of guests.
SltueleA in tne very nean or me
city, In a very quiet neighborhood, con
venient to all surface, tfubwa and ele
vau4 railway lines, and la the nildat
of the shopping and theatre district.
Room With Bath $2 and Up.
paalai rates by the month or season.
Restaurant a la Carte.
MTI X- HOI1LIT, as,
KornMrlY of
Women's Clothing i
&f t
1 hrald. Vslues
$1395
Coats
CLEAN-UP SALE IN OUR MEN'S
CLOTHING DEPARTMENT
MEN'S SUITS
In order to dispose of the broken lines of
Men's Suits we have divided them into
two lots for Saturday's selling.
Suits worth ?18 and $15, on
sale at 10.75 and
7.75
MEN'S OVERCOATS
In these garments, too, we have a number
of broken lines, and offer for Saturday s
selling Men's Overcoats in all this sea
son's latest effects and mater- g mtrm
ials. worth $22.50 and $17.50, H
for 811.75
It
Pays
To
Trade
Here. v
word as does Miss Herbert. Hers 1b the
true genius for .fclowning.
Of the other principals In the company
Miss Hulch,eon easily leads. She has a
splendid Voice, which la used most effectively-'In
some good songs, and leaves one
regretting that she does not sing- more,
tfut, why talk of the principals In face
' that chorus. It is numerous arid
pulchrltudlnous, and not a great many of
the girls are old enough to vote, ao that
It really meets all the reasonable require
ments for a chorus. And It can sing and
dunce, and Is willing to, so that all In all,
It redeems every promlso made by the
press agent.
Incidental to the unfurling of the several
Incidents of "A Knight for a Day" a num
ber of really beautiful electrical effects
are used, so that some very pretty pic
tures are shown. The songs havo lost
little of their -flavor because the public
"as '"-come, familiar with them, and are
presented wu i juhi as mucn snap as ir
they were new. The audience at the Boyd
Jast night seemed to enjoy the affair thor
oughly, and especially applauded Miss Her
bert' and Miss Hutcheson, while Barry
came In for a liberal share of approbation.
"A Knight for a Day" will stay until
after Saturday night, with a matinee on
Saturday afternoon.
The Boy Detective" at tbe Krag.
A 1 1 im.11.1 i aimiatinn .Lot r . . a
,.,, ,,, KV,.m ,1 a
erlng. A tremulous excitement. A
shivering, tingling, throbbing or exquisite
sensation,"
This is the way Webster attempts to
define a thrill, but If he could attend
a performance of "The Boy Detective,"
now at the Krug. mv would have an ob
ject lesson In thrills which would bo bet
ter than all the learned definitions in the
books. Pirates, cowboys, miners, Indians,
detectives, express messengers, villains,
heroes, good and bad women, the elec
trical torture shooting, flogging, the.e
are a few of the effects which are used
to produce that peculiar sensation wnkh
Webster speaks of.
Johnnie Hoey plays the name part and
Is a boy detective of the sort that brings
the gallery to its feet In a mad shriek
of pure Joy. He is always on hand Just
the minute he Is needed and his tvusty
revolver is threatened with a hot box
from the start to the finish. The com
pany la large and play their parts well.
Those who enjoy melodrama should come
early and avoid the rush, for here It Is,
pure and undefiled. The company will
remain until Saturday night with the
usual matinee.
JAIL LOOKS J300D TO SOME
To Meals a Day and Wain Bed Are
Over-Fntlrlnir These Chilly
Uss.
Two meals a day and a warm place to
live are most desirable essentials of life
Ir. Omaha during the present cold weather,
and they are often sought nowadays, even
If the place be none other than the police
station or county Jail. Christopher Foley,
un unkempt and prematurely aged Indi
vidual, whose chief occupation Is begging
on the street whenever he has the mis
fortune to be out of Jail for a few days,
faced Judge Crawford In police court Fri
day morning and meekly told him that
he had tk beg, as trouble with his leg, of
which he did not seem gCi care to ascer
tain the nature, prevented him from work.
Ing. Thirty days In the county jail, with
a much-needed bath, medical and tonsjrlal
attention Included, was given the man, and
he left the court room feeling happier than
when he entered It.
PERSONAL PARAGRAPHS
Frank Fowler of Fremont was In Omaha
Friday and left for Chicago.
James W. Orr, a prominent railroad at
torney of Atchison, Kan., is registered at
the fax ton.
D. Q. Cook of Ruffalo. Wyo.; F. Fisher
of Vnlentlne and W. Wilson of Platte City
are at the Merchants.
Q. W. Btrahl. R. R. Langley, a T. Evans
of Lincoln, Thomas Bell, F. A. Root and
A. J. Williams of Lusk are at the Millard.
A. E. Coe of Syracuse, W. H. (Julllen of
urana island, w llllam Matthlesun of Au
burn and A. J. Walker of Denver are at
the Murray.
U. J. Burnes. L. R. Rurnes of llsmpa.
Idaho; II Warndell of Mobile; J. V. Uopp
and W. F. West of Brookings, 8. D. are
at the Her Grand.
Mrs. 11 H. Child's and maid of Ixs
Angeles. J. W. Lacey of Chevenue. W.
K. Sharp of Lincoln. Mr. and Mrs. C. L.
Cory and J. H. Mac-Lt-nnan of San Fran
cisco are at the Rome.
J. L. Btrohauer of Fait I.ake. Mr. and
Mrs. K. M. Robinson. Mrs. Helen Reining
ton of El win. 8. !.: K. A. Mickev. Mr. and
Mrs. Q. W. Itwls of Lincoln and Mr. and
Mrs. C. H. Lyman of liuopvr are at the
; 1 p
Music In
Mr. "obeekl's !on Rerltal.
(airaro Mlo Ben (Jlordanl
(bM ome ltagio 1i Sol ;..(."Bldara
lei l ove Me or Not Secchl
(d) Th fillKhted Swsln Ptorrance
(el How Deep the Slumber Cnrl Liowe
Mr. SobeskL
rtnn, Folt
(n) Ijrgrndp. op. 1. No. .....Paderewskl
(b) Etude, up in. No. 7 Chopin
Miss Meek.
(a Ollmene. Bcrgerettes Wpkerlln
lb) l.tsette, BTgerettes Wekerlln
(cl Mature I'flffer
(1) Hhcna Van If. H. Beach
e Come Into the Garden M. T. Salter
Mr. Sobeskl.
Arioso from "H'o de Lahore". ...Massenet
Mr. Subeskl.
(a) Sunset Kdward Orleg
(b) Jeg Klfker D'g Edward Orleg
(cl (J Lovely Night Ronald
Mr. Sobeskl
Piano Concert 1't'nle. r flat Llsst
Mi.s Meek,
(a) The Moorland's Fair Are Dreaming
Von Flellts
(b T)ti hist wle etne Blume...R. Schumann
(c) 1 ckniff A. Ruchauf
(d Widinung B, Schumann
Mr. Sobeskl.
The Schmoller & Muelwr hall Is a nice
rlnce In wh'eh to hpnr an "Intimate" re
cital nf pianoforte music, or string music,
but tor a song recital It Is a questionable
auditorium, from a purely acoustical point
of view. Tt would be manlcstly Impossible
to do full Justice, therefore, to the voice
and method of, Mr. Carl Sobeskl, who gave
the above program there last nlsrht. Mr.
Sobenkl's voice Is capable of lr.rge and
brilliant effects and it Is to be hoped
thnt when he next doth sing a publlo
recital ho will see tho advisability of se
curing n larsrer hall.
Mr. Sobeskl opened with "Card Mlo Ben,"
the favorite old love song of Glordanl, and
Mr. Sobeskl sang It "con amore"and with
true and faithful regard for the tradl
tlrr al treatment of that most exquisite
of love songs. His mezza voce tones Were
good, well on the pitch, and supported
with a completely adequate breatli control.
The beautiful number which came seconj
on the program was hopelessly marred by
the noisy entrance of a dozen people Into
the reserved section, actually during the
singing of the artist. Of course, after the
UFual manner of Omaha criticism, this
should not be mentioned for "fear It would
hurt somebody's feelings," but nevertheless
attention Is called to It, first, to assure
Mr. Sobeskl that Orr.eha knows better and
I does not always do things that way, and,
seconuiy, ii proven ma Immediate re
curience of the affair.
The other numbers of the group showed
t'.at Mr. Sobeskl had made a very careful
clHe of real gems to present to lira first
public audience In Omaha, and ho dis
played them with the personality and earn
estness of one who really loved them.
In the French numbers by Wekerlln the
singer showed that he was completely at
home in the difficult art of surrounding
these exquisite "Bergerettes" with real "at
mosphere:" His French was above suspic
ion and the daintiness and delicacy of bis
voice was well brought out. In the arioso
from the "King of Lahore," by Massenet.
Mr. Sobeskl was full of dramatic flro and
vigor.
The favorite song, "Ich Llebe Dlch," of
Orleg, appeared In new form under the title
"Jeg Klsker Dig," and was well sung.
Among the "hits" were Mrs. Beach's
"Shena Van," Mrs. Salter's "Come Into the
Garden," which was re-demanded, and
"Ixickruff.' by Ruchauf.
Mr. Soheskl's tone production Is very In
teresting and sometimes very puzzling. His
method of beginning a tone Is frequently
accompanied by an undesirable "rising"
from a lower pitch, and he has a tendency
to throw his tones so far back In the mouth
that they become dangerously near being
"throaty." This is doubtless tho thing that
accounts for his peculiar pronunciation of
tho German words In the Schumann songs.
Mr. Sobeskl has repose and ease of man.
ner which appeal very strongly to an audi
ence; .o has temperament beyond question,
and he sings with a style and finish which
come not to the singer except by very seri
ous work. With more distinctive vowel
coloring his work would ne still more In
teresting than it Is, and that Is saying a
good deal. His phrasing and his breath
control are examples of good work which
ull students would do well to emulate.
Miss Marie Meek, a young pianist of
much promise, played her piano forte num
bers with splendid technical showing and
much taste.
Madame Borglum played the accompani
ments In her usual characteristic style.
K.
EAGLES ELECT OFFICERS
George F. West Succeeds Tom Flynn
as President of Local
Aerie.
Local aerie No. 38, Fraternal Order of
Eagles, held an election of officers last
night for the ensuing year. Five hundred
members attended and the business meet
ing was followed by a social session.
The election resulted In the selection
of the following officers: George F. West,
president, to succeed Tom J. Flynn; James
B. Kelkenney, vice president; Dr. A. Mat
thews, chaplain; D. W. Cannon, secretary;
A. V. Dresher, treasurer; Tony Costanxo,
worthy Inside guard; Joseph Hubanks,
worthy outside guard; Dr. B. W. Christy
and Dr. M. J. Ford, physicians; Julea Alt
hous, Herman Beselln and J. 8. Cross,
trustees.
On account of tho meeting of the grand
aerie in Omaha next August the dues for
the year 190!) will be a month Instead
of 75 cents as heretofore.
Fontanelle aerie No. 1542, Fraternal Order
of Ragles, has elected these officers for
the coming year: Worthy president, Hugh
Sutter; vice president, James Stribling;
chaplain. Paul Haskell; secretary, M. B.
Thompson; treasurer, F. H. Reynolds;
physician, W. O. Akers; Inside guard, N.
C. Bondeson; outside guard, William
Storms; trustees, D. F. Kelley, William
Parks and John Lubold.
Folly to Linger.
He had been married five times and
contemplated a sixth experiment.
-My heart is yours," he said to the
woman with an impressive emphasis that
was born of long experience.
But she gave him a chilly look.
-lk you call that frazzle a heart?" aho
cuttingly asked.
Whereupon he realised that It would be
folly to linger for a more direct reply
Cleveland I'laln Dealer.
(Sstebllihed 1B79)
Aa lohaiatloa for
Whooping-cough, Croup,
Coughs, Colds, Catarrh,
Bronch Ms, Diphtheria,
Creeelene Is a Boon to Asthmatics.
Dtw it sol me Bur aflat tirs U brwlhs Is e
reined r lor diHie ul lbs brMlklo- eraus the
Ui uu Ike raauMljr Inle Ik stuuxl' '
Ij-rselene cum ecm lb sir, mdmd
strongly snliarptUi, is en!d er the '"
surfs wiili ry braetu, firtsf prologs' 1 "
unuul tr.atmeut. ll is Inrsiusbl to loUws
wlik smell clnldria. ""1
tor irru.u4 ibsost 1 jef k
thr ta i.mi,ui lM-u-r tur tv -Mlr
H.I.M.I TablMS.
Kand ftc In posies
for saiuola lotile.
1 .LL DRUaOISTS.
resc
t - band uoalal fur
Istripur Book 14.
I Vape-Creeelene
I lou I uiioa KmsV
j y'w Vrk.
aaflBnHsaHGniBBHMHO aw
Imported Hats t r.,- ry 1 ' "1 You Can Have Kings
At Sl.nO QUn)lnUtfal&Sy atVourFcot
The latest shade of Green, V j y( C-y If you wear King Quality
Alpine and Crusher Styles. fyt!f1 m!?Cjh4Z. lmtr S) Shoes. "The Shoe of Shoes
A good $2.50 Iuc, ( CLOTHING &NT (orMc. ut u, fit you in-
.cTthcm . S1.50 COR,.i4n &D0UQIASy j a pair tomorrow, $3.50 .up
.. a
- A Great Purchase of High Grade Clothing - -
1
f .
If 3 I
Not Until Yo Are Ssllsflra
Bss tbe Sale Been Made.
Supreme Court Syllabi.
15618. Allen against Rushford. Appeal,
Douglas. Affirmed. Dufflo, C. Division
No. 1.
1. 1'lalntlff sold to defendant forty acres
of standing hay at the agreed price of
Jt.O per ton, the hay to be weighed and
paid for before taken from tlie fitrin. The
defendant took possession, cut and stacked
the hay and baled and hauled away six
loads thereof. Held, that title to the entire
crop passed to the defendant,
2. When the sixth load was be-In g weighed
the defendant questioned the correctness
of the Bcales, which It was agreed should
be used, and refused to take away or pay
for the hay remaining In tho field, claiming
that tho plaintiff refused to allow the liny
to be weighed elsewhere. Held, that the
evidence sufficiently supported the plain
tiff's contention that she offered to accept
railroad weights or to have the scabs of
which defendant complained inspected and
corrected if out of order, by a party named
by the defendant.
3. if it be conceded that because of the
Hen reserved on the hay for the purchase
price thereof, a duty rested on the plain
tiff to sell such part of the hay as the
defendant refused to take and pay for, and
apply the proceeds' In 'reduction of her
damages, still she was .relieved of any sup
posed duty in that respect by the defend
ant's refusal to allow her to make such
sale.
4. ' There Is evidence that-the hay would
average two or three tons per acre. Only
$f0 of the purchase price has been paid.
Held, that a verdict for $351 in favor of
the plaintiff is not excessive.
15701. Ramsey against Slate. Krror.
Wayne. Affirmed. Calkins. C. Division
No. 2.
1533S. Lopemnn against Colburn. Appeal
Merrick. Affirmed. Root, C. Division
No. 2.
1. In order to convert an offer into a
i
S?"1.".0 s j;"' vendeorplalntlff recovery.
miiHt accent the offer as made.
2. Acceptance of an offer to sell land,
but fixing a place other tl.nrj the residence
of the vendor, or the place named In the
offer, for the payment of the consideration
and delivery of the deed, Is not an uncon
ditional acceptance so as to bind tho ven
dor. S. "Courts of equity will niot always en
force a specific performance of a contract.
Such applications are addressed to the
sound legal discretion of the court, and it
will be governed to a Kreat extent by the
facts and merits of each case." Morgan
against Hardy, 16 Neb., 4?7.
1F342. Haynisn against Rownd. Appeal,
Hall. Reversed and remanded with Instruc
tions. Epperson, C. Division No. 1.
1. A court of equity will restrain the
committing of waste threatened by a ten
ant for years and his agents or employes.
2. Waste is a destruction or material al
teration or deterk ration of the freehold or
of the Improvements formlrug a material
part thereof by any person rightfully In
possession but who has not the fee title,
or the fuil estate.
3. A tenant Is guilty of waste who drills
holes Into a brick wall, and drives wooden
pegs therein fcr the purpose of altulung
a sign, when such use would cause the
brl k in that putt of -the wall to become
loose or misplaced.
15H4JI. Harah Hadsall against Chas. Had
sall. Appeal. Saunders. Affirmed Duflle,
C. Division No. 1.
f. The allowance made by the Probate
Court to the widow of her deceased hus
band Is a debt against the estate which
must be paid from the asets thereof. The
allowance cannot be satisfied r made out
i of the homosiead left by the decen-d.
15354. Clarke npatnst l-yon. Appeal, Lan
caster. Affirmed. Calkins, C. Division
No. 2.
1. Where the court of a sister stale has
granted a divorce and awarded the tempor
ary custody of the children to the mother
who becomes a resident of this state and
dies here, leavng sucn children in the
hands of relatives who are appointed
guardians bv the county court, the fact
that the court rendering such divorce re
tained jurisdiction for ice purpose of mak
ing further orders, does not deprive the
courts of this state of jurisdiction to de
termine the merits of a ci ntroversy be
tween the dlvrrced father ami such guard
ians for the custody of such children, es
pecially where the court r-nd-'ring tl:e di
vorce has expressly refused to Itself de
termine the material question In issue.
2. Where a court granting a divorre
without finding the father unfit, tempor
arily awards the custody of minor chil
dren to the mother, such decree d' es not
deprive the father or the nutuml right t)
the custody of such children imaioot any
person except the mother; and upon her
death such right ceases to be affected by
such award.
3. The appointment of a guardian by
a county court is not conclusive ao
against a parent's right to the custody
of his chlldr?n unless It appears that
he had notice of the proceeding and that
the question of bis competency .in J suit
ability was adjudicated.
4. The unfitness which deprives a
parent of the right to the custody of his
children must be positive and not com
parative; and the mere fact that the chil
dren would be better nurtured or care I
for bv a-et raneer Is not sufficient '.o de
prive the parent of his right '.o th -Ir
custody.
6. While the unfitness which deprives
a parent of his natural rlsht to t he cm-
tody of his children must bo positive and j
not comparative, ine negree mereor inu'.i i
be considered In relation to the attid-
Ing circumstances, such as the "on ei n j
he has shown for thejn In the past, the
suitability of his domestic surr ion-lings i
to receive them and the question uf their
general welfare. ' I
15355. Lincoln 1'pliolsteilng company !
against Raker et al. Appeal from Lan
caster. Affirmed. Duffie, C. Division
No. 1.
1. In an action aided by attach ment
upon Jhe entry of judgment the uttaeh
ment Tien Is merged In that of the Jo la
ment, and thereafter Ihe Hen Is a mere
Incident to the judgment and ceisd to
when the judgment . becomes i ior-
ILrvey against Oed.lmg. !. N.
exist
mant
W . 220
J. A proposed sale of real ett uncr i
en execnon Issued on a dormant 'un- I
Our buyer and spot
Suits and Overcoats irom jtisenaratn o v-nicago, aiauuuiuun
on the dollar. Eisendrath's make the Sophomore Clothes; they are
strictly Journeymen Tailored, are the finest clothes that capital,
experience and a well drilled organization can produce. No tailor
can make better clothes
are the best fabrics and the latest styles, and also .JL
$22.50 to 532.50 values Saturday, our price is . . .
WINDOW "C"
Here Is an ovrrcont bargain that
Klioiilri npiKMil to any man Hint
wants, nn ovorcont at a low flutiro
mid still get tlrniWe value. Vt liave
1K odd coats in black, brown and
fancy patterns, in long or three
quattrr length coats ; they are re?
ulur $8.50 to $10 values. Saturday
they are-
$2.50
Huys a pair of shoes at this
guarantee will give you
every particular. They are samples and that means
they are a little nicer made than usual. All leathers,
styles and toes. If they were bought regular they'd
sell for $:$.50.
who acquired title to the property dur
ing the life of the Judgment lien.
3. One who Intervenes In an action be
tween third parties may dismiss his In
tervention without prejudice and after
such dismissal a Judgment entered In the
action will not affect his Interest In the
matter in litigation.
153S5. Hayes County against Wileman. Ap
peal from Hayes. Reversed. Duffle, C. Di
vision No. 1.
1. A Judgment rendered on service by
publication, against a resident of this state
on whon personal service might have been
had, is absolutely void.
2. A judgment entered against the de
fendant for the costs made In an action,
after the plaintiff hns accepted payment
in full of tho claim on which the action
was brought, Is erroneous If not void.
3. A void judgment Is, In legal effect,
nothing. All acts performed under It, and
all claims following out of It, nre void.
Such a judirmept may be vacated at anv
time on motion made" for that purpose by
an Interested party, and section 82 of our
onrio ins no reference to a void Judgment.
15262. Dennison against The Dally
News Publishing company. Appeal from
Douglas. Reversed and remanded. Ep
person, C. Plvslons Nos. 1 and 2.
1. In a civil action to recover dnmages
for libel it is proper to produce evld-nce
showing the relations existing between
the plaintiff and the author of the alleged
lhr-1 for the purpose of proving that the
p'nintij'f was the person referred to, whnn
his name does not appear in tho article
and defendant does not admit that he Is
the one referred to.
2. Neither the grief experienced by the
flalntiff's wife upon reading an alleged
Ihelous article regarding the plaintiff,
nor the Influence of her grief upon tho
plaintiff's mind are elements of damage
recoverable In action for libel.
3. In a civil action for libel In this state
wherein punitive damages are not recov
erable, evidence of defendant's refusal to
publish a retraction, nor evidence that
others who hail also published the alleged
llhel had published a retraction, is ad
missible for the purpose of enhancing tho
4. In such case the editor of de
fendant's paper In which the alleged llbol
was published should not be required,
upon objection, to testify as to whom he
"considered" and "supposed" the article
referred.
1637t. Schley against Michael Horan et
al. Appeal from Colfax. Affirmed. Faw
cett, C. Division No. 2.
1. Where It appears that a son, for nine
years prior to his majority, worked in Iron
mills and turned his entire earnings over
to his parents, and after reaching his ma
jority, faithfully worked for and upon the
farm of his parents for a period of more
than twenty years, without other compen
sation than his support; and a few years
prior to her death the mother, who is then
the sole surviving parent, of her own voll-
OUR
"Christmas
Are the most popular
on
Our "Christmas-Chimes" can also stand by themselves, so that parties who do not desirtv i
to go to the trouble of fixing up a Christinas Tree can place one or more on a table and arrange 1
presents, flowers, etc., around them with the same wonderful effect. . -
As our "Christmas-Chimes" are unbreakable they can be used the whole year round, on
many other occasions, as balls, parties, birthdays and other festivities, when they always will
bring joy to the participants.
We offer these beautiful "Christmas-Chimes" to our subscribers for only TH) cents. Out-of- -
town subscribers add 11 cents for
cash purchased the entire sample line of
at $35 to $45. It s only
AVe have the boat clothing barirnln to
offer, as we are always looking for
bargains to oflor our cuMoniers
Tomorrow we place on sale SJ73 flnp
suits and ovorcoata tho very latest
styles and patterns and regular
$12.50 to $15.00 values, Saturday
price
7.4
Read and Act on these Special
Saturday Bargains.
Men's Worsted Pants 75
$2.50 Worstod and Casslmero Pants $1.45
35c Cashmere Sox IDs?
$1.50 and $2.00 Wool Sweater Coats 1)8?
store that we
satisfaction in
75c and $1 all wool
l-ieeoc and Wool I'ndorwoar.
. ,
non, areas ner enure estate, consisting or
a farm nf VM irr... In ,.oh mr.n o.d It l
sought by a sister of such son. who during
substantially all of said years had been a
married woman, living with her husband,
tpnnrnl. and unart frnm h.'.p naraiila .
set aside said deed on tho rmnnd nf
of mental capacity on the part of the
mother to make the same, such want of
mental capacity must be established by
clear and satisfactory evidence. The fact
that the mother at the time of executing
said deed was over 80 years of age. aud
the further fact that during tho later years
of her life she manifested some hallucina
tions of mind, are not alone sufficient to
warrant the setting aside of such convey
ance. In such a ense It must be clearly
established that the mind of the mother
was so weak or unbalanced at the time of
executing the deed that she could not un
derstand and comprehend the purport and
effect of what she was then doing.
2. Evidence examined and set out In the
opinion held Insufficient to show any fraud
or undue Influence on the part of the de
fendant in obtaining the deed to tho prop
erty in controversy.
3. Evidence examined and set out In the
opinion held sufficient to sustain the find
ings and decree of the district court.
FOES THEN, BUT FRIENDS NOW
Soldiers of South anil JVortb Who
Faced Each Other tn War
Meet In Pence.
Captain E. M. Levey of New York, a
former resident of New Orleans and a e-p-taln
In the Fourteenth Louisiana infantry,
confede ate army, during the civil war, Is
In Omaha. ,
Whllo In the postofflce Friday morning
Captain Levey, noticing the Grand Army
button on one of the old veterans emploed
about the building, began to talk about the
old war days. Another o'.d veteran Joined
the party and upon being Introduced to
Captain Levey It doveloped that one was a
member of General Lee's army of northern
Virginia and the other as a member of the
army of the Potomac had faced each other
In some of the greatest battles of the war.
Though the two were not personally ac
quainted, yet each knew the other's regi
ment and fought against each other at
Chancellorsville, Gettysburg, the Wilderness
and In front of Petersburg and we.e In at
the final struggle at Appomattox.
"It touches me to the heart," said Cap
tain Levey, "to receive such cordial greet-
Novelty ever introduced, and are made to fit
the top of Christmas trees.
They consist of
G Beautiful Angels, .
3 Candlesticks,
3 Tuned Bells and a Turbine,
while above all shines the Star of Bethlehem.
Our "Christmas-Chimes" are 10 inches high
and made of fine nickel-plated metal and are so con
structed that when the candles arc lighted the Tur
bine goes round and the Bells begin to play.
The effect is something wonderful, adding im
mensely to the solemnity f Christmas, and young
and old feel a thrill of joy and surprise when" enter
ing into the presence of a lighted Christmas Tree
beholding the silver
sounds through the
Christ.
postage and we will send them
" rp
natural to say tney
?S Plush-Miiod, l'tir-trl mined Overt-outs
from tho Specially l'ur Coat
t'o. X. Y on sale at ahoiit n third
off. $;! to $:I2.50 values, Saturday
price
I9.845
Hoe Window "V
Caps, Fur in hands 50(
S2.50 50c
mi 1 11 1 'mil 11 1 miiin 1 mil 11.
I ings from men whom I fought for four
rlbl years It shows the streiiBth
rl10 '"" 11 SHOWS tne MHIlglll I
' feeling: of brotherhood between Ame
' and how generously they can form
i m ..,i, r fr.rtv.rieo v-en,-. ,,
' '
tlce this cordiality of feeling is decj er llll.l
more sincere In the west than It is In thu
east."
BAD FIRE FOR LACK OF WATER
Blnce Does Merlons llsniase Ileninse
There Are No Hydrants
IN ear n-.
Lnok of fire hydrants In tho vicinity of
Thirty-ninth and Wright streets, resulted
in the total loss of tho home and personal
property of Clint Hi ycr by fire Thursday
night between 10 and 11 o'clock. The lious
Is at 2712 South Thirty-ninth street, and
the nearest fire hydrant is about eight
blocks away. The direction In which tho
wind was blowing and the. efforts of the
firemen were all that prevented a number
of other homes from suffering; a like fate.
A dog belonging to the Hoyer family
and kept In tho house during the night is
supposed to have unset a burning lamff--after
tho members of the family retired.
The barking of the dog aroused; the oc
cupants after the flames had gained
headway, but their efforts to extinguish''',,
the fire proved fruitless, and the two cam- '.
panics of the fire department which Sn-
swered the alarm confined their efnwi.s
to suvlng adjacent buildings, as It whs .
seen that a bucket brigade, the only pos
sible method of getting water on to tho
Beyer house, could not combat the fire.
The houso and contents, valued at tl.S'-C
and J700, respectively, were a total loss.
The home was insured for 11.000 and the
personal property for ItiOO.
The Result.
"How will you have your eggs?" asked,
the girl behind the lunch counter.
"With as brief an Interval of time," an
swered tho absent-minded professor, "as
possible Intervening between the' deposition
of the oval spheroid in the nidificated re
ceptacle by the female representative of
the common or barnyard variety of do
mestic fowl and the subsequent appearance
of the same In the marts of commerce
where congreguto them"
"All right," Interrupted the girl. "I think
I understand. Scramble three !"- Chicago
Tribune. t
Chimes
- like Angels, while sweet music"'"
rpom, heralding the birth of
'
by mail. , , .''
17fl'' "Porn am R4-a. ri. -I - '-4.
ir t -i- I
V,mt
' leans I
it tho L
I ni-
New Hsven HiiseJeHsreOoei
note! Loyal.
meat will b enjoined at ths suit vt uu I vuiana, Aeu.
r
- i
