Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 21, 1909, NEWS SECTION, Image 1
unday Bee. PART ONE NEWS SECTION PAGES 1 TO I WEATHER FORECAST. For Nebraska Fair and warmer. For Iowa Fair nnd warmer. For weather report are page 1. Illl -V VOL. XXXVI II NO. 40. OMAHA, SUNDAV-' .vX(j, MARCH 21, 1901) SIX SECTIONS FORTY PACES. SINGLE COrV FIVE CENTV?. The Omaha it V i i' ; v I IK J! 1! h 'i MRS. ATTA BANNER FOUND NOT GUILTY Twelve Men Have Decided Fate of Mother Who Killed Daughter"! Traducer. COUNSEL FOR DEFENSE JUSTIFIES Matt Gering Sayi Ballet "Sped on Iti Mission of Love.' ADDRESSES JURORS BY NAME Urges Verdict that Will Be "Tribute to Mother's Love." WARNING TO OTHER YOUNG MEN fount? Attorney Knaltsh Reajs Jury to Kn force Law, I nlaflaenerd by Urlvelllner Defense of lira In Ktorma. Mr. Alt Banner baa been found not guilty of the charge of mnrflerlng Trad Banner, her husband's brother. The jury In the district conrt returned It a verdict late laat night after aareral hours' da liberation. The Jury I deliberating the dealing of Mrs. Alta Banner. Following a fervid ad droae by Attorney Matt Oaring for the de fense and a leas Impassioned but cogent nppeal by County Attorney English. Judge Hears rjuvo bis Instruction at 6 p. rn. yesterday and the Jury retired. After elect ing a foreman they were taken to supper. When court was resumed half an hour earlier than la customury In the afternoon, Attorney Henry Murphy spoke for a few minutes more and then gave way to his colleague. Gering arose to deliver what the county attorney declared was "one of the most remarkable specimens of foren sic oratory ever delivered In a court room. Certainly there has been none like It In this court, here In the trial of a criminal case." The county attorney went on to point nut Unit iicconlinB to his belief It was mi "tpren to the sympathies and pnssi' n of the liny." Frlonils of tiic nutiniT family, and par ticularly of Mrs, Josephine Manner took vigorous exception to his attack upon her and lawyers In the audience shook their beards as Oerlng addressed Juryman after Juryman by name. "it's rare, Mr. Jensen," Gering would say, "that a mathcr has shown such an exhibition." Again. "Yet here was a love not exceptional. It was no greater than youd mother's for you Mr. Carrol, nor greater than your mother's for you, Mr. Huntington.." "Did It ever occur to you, Mr. Angel" and so on. No member of the Jury was overlooked In this mode of ad dress. Tribute to n Mother'a l.ove. "Bhow by your vrrdtct." cried Oerlng. In closing, "that this commonwealth may not say you are In ravor of debauchees ruining girls." Just before his peroration the at torney pleaded for a "verdict which will be a tribute to mother love." Tn pronouncing the death of Fred Banner "retribution," the lawyer got aome dis tance away from the defense c.r Insanity and Attorney Kngllsh asserted later that Oerlng hud devoted one hour and a half to "tho unwltten law," and fifteen minutes to the ostensible defense of insanity." Fred Banner, the dead man. came In for a terrible scoring at Oerlng'a handa. He waa characterised aa "thla reptile who rcba thla young girl of everything which made her beautiful In the eyes of her devoted mother, who worked in the kitchen as a aculllos that she might put her daughter in the convent and learn purity of heart." In a few mlnutea Mr. Oerlng waa speak- Ing of the shooting itaelf and he talked of the bullet "speeding on Its mission of love and affection." Law of God and Mas. 'We aid not pleading the "unwritten law,'" ho aaserted; "we are not asking you to excuse thla woman upon this. It is the law of Qod and man which prompted this woman to launch Fred Banner on his way to hell, where Jntan in all his aulphuric majesty would re fuae this man admittance. Thla Is the most cruel, the most wicked story ever told in a court room, this story of Mar- Jorle KKlng's treatment by Fred Banner, and we ask the Jury for a verdict which shall stand as a sentinel baacon. warning young men against a similar course of conduct." On Mrs. Bannera devotion to ber daughter Oerlng apent much time and tarn, beginning a review of the evidence attacked Mra. Wlnegard and her daugh ter. It wan at their house that . Mrs. Banner apent the night after the shoot leg. and, according; to the evidence of both mother and daughter, except for being slightly nervous, waa quite normal and talked intelligently of having killed Ban- r.tr. "Man's Inhumanity to man makes count less thousands mourn," quoted the attor ney. and then added, "and woman's In humanity to woman make countless more "l.uella Wlnegard and Marjorle King sank hymns in the oholr out of the same hymn hook, and yet we see this gtrl tome upon the stand and try to divorce this chltd from her mother, send the latter to the penitentiary and Marjorle, perhaps, to t.ie sumptuous apartmenta of a popular ccurttaan." Baarliak OefeadeMlas Wlaegard. The county attorney in replying drove hard at Oerlng for hla attack upon Mis Wlnegard. County Attorney English began his reply with the satirical eulogy of Oerlng'a elo quence referred to and then struck at "the unwritten law" as a defense in murder trlale. "The defense of Insanity," he began, to the Jury, "la recognised as a hollow shadow behind which a defense tries to hide when It would plead the so-called 'unwritten law.' It haa been worked In other caaea It haa suflced to save the miserable life of a Thaw, but this morning by lis verdict in the Cooper case a Jcry stamped Its dis approval upon thla plea. It waa argued In tehalf of Cooper that newspaper articles had attacked bis honor, a tiling no dearer to aome men than a daughter's virtue to her mother. This Is a .plain and simple raM of murder deliberately planned, care fully executed as the evidence tn this case has shown. If you are going to hesitate to enforca the law simply because It brings grif to a mother or a child you might as well bid farewell to organised society. In every criminal case throughout the world (Continued on Second Paga) Coopers Guilty, Jury Fixes Term at Twenty Years Verdict in Carmack Murder Case Comes as a Surprise After Threatened Disagreement. NASIIVILLH. Tenn.. March 20. Guilty of murder In the second degree with twenty years Imprisonment as the penalty waa the verdict the Jury this morning In tho case sgainst Colonel Duncan B. Cooper and his on Robin Cooper, charged with the mur der of former United States Senator B. W. Carmack. The Jury yesterday acquitted John B. Sharp, a oodefnndant. Immediately the defense moved to set aside the verdict be cause of the verdict of disagreement of yesterday nnd asked the court to declare It a mistrial. Judge Hart said he would listen to arguments on this motion later. He then fixed the defendant's bonds at H.nnft each, which amount was acceptable to both sides. The verdict, coming as It did upon the heels of Foreman Burke's deo'srstlon yesterday "that we are hope lessly tied up as to the Coopers," was a decided surprise. The defendants took it cooly almost without emotion. Mrs. B-urch and Mrs. Wilson, the young daughters of Colonel Cooper, were brave and aside from tearful eyes, restrained their emotion gamely. Mrs. Burch wat with her arm sround her brother Robin's shoulder and Mrs. Wilson waa at her father's right. The suspense for the two young women had been heart rending, and any verdict, however, un favorable waa a relief. Quake Foretold by Scientist Shock Felt in Spain Was Predicted Two Weeks Ago by Observa tory Director. BARCELONA. March 20. An earthquake shock was felt In Catalonia province at 3 o'clock this afternoon. No details yet have been received. The earthquake shock referred to In the dispatch from Barcelona fulfills a prophesy made about a fortnight ago by Km lie Mar chand, director of the observatory on the Pic Du Midi, In the Pyrenees. M. Marchand predicted an earthquake for February 21 In the Alicante district, and his prophesy came true. His second prophesy for the disturbance of today created Rreut consternation among the superstitious lower classes, upon whom the fulfillment of M. Marchand's first fore cast had made a deep impression. Bryan Rebukes Cannon's Aids SBaasaattBM Leader Criticises Twenty-Three Dem ocrats Who Stood by Speaker in Recent Fight. LINCOLN, Neb., March 30. At the Bryan birthday banquet William J. Bryan rebuked tho twenty-three democrats in congress who had aided the Cannon forces. O. W. Berge had criticised their action and after coinciding with the views of Berge, alluding to the twenty-three democrats, Mr. Bryan said: "They could not say they did not know, for any man who did not know that Joe Cannon la the agent of plutocracy ought to be sent ta an asylum Instead of to con gress." "These democrats ought to hear from their constituents," he said. McCook Store is Total Loss Fire Destroys Grannis' General Mer chandise Stock and Causes $10,000 Damage. M'COOK, Neb., March 10 (Special Tele gram.) About I o'clock this morning fire was discovered In the John II. Orannls stock of general merchandise In the Morlan block. A two hours' fight by the depart ment confined the flames to that building. Stock Invoiced at about J7.0W and was com pletely ruined. It was covered by Insur ance. The drug stock of C. R. Woodworth & Co. in an adjoining1 store was damaged to the extent of about l,SO0 by water and smoke. The law office of Morlan, Ritchie & Wolf over the Grannis store suffored some damage. The damage to the Morlan building will total 11,000. with no insurance. I . Congress Must Fight Omaha Women on Big Apparel Tax If congress rarrlea Into execution ItsT proposed Increased duty on stockings and other women's apparel. It may do so over the protest of Omaha women. There are women In this city who believe they are paying enough for their apparel now and who are ready to remonstrate against further advancea. These women will form a "Stocking club," as Chicago women are doing, so as to give organised effect to their protests against what they term "the atrocious duties applying to wearing ap parel." Under the Dlngley tariff bill the duty on atocklngs was 60 per cent ad valorem. The new tariff bill, presented by the waya and meana committee and now being consid ered tn congress, contemplates a total duty of Si per cent ad valorem on all Imported stockings of all gradea. from the cheapest to the moat expensive. The original duty In the new bill Is 70 per cent, but It car ries an additional 15 per cent duly. Mra. Draper Smith, former president of tha Omshg Woman's club and former presi dent of the Nebraska Federation of Women's clubs and at present a member of the national child labor and Industrial committee of the general federation and at the head of the social science department of the Omaha Woman's club, will take the lead In the campaign In thla city to secure action against the proposvd tariff. Her club department meets Monday and she will then endeavor to have me prelimi nary atepa taken tp be acted upon next J1" l VV alUJlXllll kJ vi: PAY ENVELOPE Only Two More Days for House Mem- bers and Four for Occupants in Upper Branch. LITTLE TO SHOW FOR TIME SPENT Majority of Members Are in a Harry to Get Back to Homes. RANSOM CONTROLS LEGISLATION Has Things So Well in Hand Nothing Can Pass Without His 0. K. ALBERT LOOKING FOR HIS PAY Draft! Banking Bill on Authority of Legislature, bat Jio One Haa Inserted Hem In Appro priatlon Bill. (From a Staff Correspondent.) LINCOLN, Neb., March 20. (Special.) Tho hnuse has two days with pay and the mrm t tin, fmir. before the end of the sixty days for which the constitution pro vides members shall draw salary. One member haa been sounding other members for several days on a proposition to be eotcused for tho remainder of the session. Others are anxious to get awsy, Spring work has started on the farms and It Is doubtful if a quorum Is present on the day of final adjournment. Thir Is another olass of men In the legislature who are anxious to get away. To this class belongs those democrats who really believed a democratlo pledge counted for something. They are disgusted with tho legislature up to this time. Many republicans who have been members of previous legislatures are sick at heart, They are powerless to do anything for tho good of the state, however much tney may desire to do so. All legislation to be enacted from now until the end of the session, will be secured by barter and trade, between the bosses of the senate and the now thoroughly cowed members of the house. Little atten tlon will paid to the merits of pending bills and little attention hna been paid to anv measure, save one or two since the Bession began. Mr. Ransom will put through tho senate any measure some house member Is inter ested In. provided the house memmer sa lutes the king and does his bidding. He will hold up any measure from the house which he sees fit to stop. The hanking bill got through the senate only after house members had agreed to cat from the hands of the stoeK yaras attorney. House members sought to re taliate on the aenate bosa by killing the South Omaha charter bill, but the Insurrec tion lasted about thirty minutes. The boss senator sent over hla niewnger. Senator Tanner and his aide, Senatot-iowell, and that waa all there waa to It The bill went on general file after It had been killed. Taylor of Custor, told the truth about the legislature and spoke his mind, but he stood from under when he saw the steam roller coming. Barren of Results to State. An Inspection of tha legislative records will bear out the statement that this legis lature has not passed one single measure of Importance or benefit to the state at large. Measures of state !moortnnce whlrh are now pending "nave l'ttle chunce to become laws unless the meat Is cut out of them. If any measure Is in any way objtctlonnble to a corporation of any Importance In the state there !s absolutely no chance of It becoming a law. The corporations have Joined their interests and tho legislature has proven beyond one single doubt that It is subservient to the demands of the spe cial Interests. Examples of ircompotoncy hav cropped out in this legisU'.ure probably more than In any other ever assemble.! In Nebraska either lncompeten-y or m ltk of lmeert, or a failure to realize the Importance of the proceedings. .Mills are rushed through the house In the committee of the whole with the members paying no attention, and then In someone raUes a howl, the house, with out blinking an eye, reverses Its former action. For Instance, this morning the committee of the whole Indefinitely postponed a bill by Leidlgh of Otoe to prevent camping on the public highway tor more than fifteen houra at a time. The bill was killed by a vote of 41 to 12. A few minutes later, when the committee aroBO, the report of the com mittee daa rejected. This la the legislature Governor Shallen berger said should meet, enact Into laws the party pledges and adjourn within forty (Continued on Second Page.) week by the whole club In its regular meet- ing. Mrs. Albert Edholm, secretary of the social science department of the Omaha Womun'a club, said she believed that there should be no tariff whatever on the com mon commodities and necessities of life, but that the revenues of the country should be reaped from excessive duties on luxuries, in which class she places silk and open work stockings. Mrs. Edholm endorsed what Mra. Smith said. "We may be compelled either to emulate the late Sockhss Jerry Simpson and wear our shoes without stockings or follow the example set by our colonial mothers and knit our own stockings," said Miss Edith Tobltt, city librarian. "I certainly do not relish the Idea of having to go barefooted and I know that none others do, but are we going ta darn our stockings forever?" Miss Mar' Blmonds. principal of the Cass school, waa tncenaed over the proposed high tariff. "I will call my teachers together I have sixteen under me and we will try to start something In the schools," said Mlaa Blmonds. "If the 400 women teachers In the public schools of Omaha send a me morial to congress protesting against the high Ttce and pointing out the fact that we each have two feet which require two stockings at a time I think that the stork ing duty would be transferred to locomo tives' or automobiles.' ; -L I Villi 'wi f nflyBRw (it h From the Washington F5ven1ng Star. ANYTHING FOR BOY'S RETURN Father of William Whitla Will Pay Any Ransom Demanded. EVERY CLUE IS INVESTIGATED Caae Recalls Another In Which Babe of Whltla's elhbor Waa Stolen and Held a Tear. SHARON, Pa., March 20 Sobbing and crying. James P. Whitla, the fathor of the kidnaped boy, broke down at noon today when no word had been received from the abductors, and In a statement to the Asso ciated Press said he wanted to impress on every person Interested In the recovery of the boy, that all he wanted was to see his child safe back home. He said he was ready to pay the 110,000 ranaom at any time and had authorised agents ready to pay over the money. Failure to locate any tangible trace of the boy and hla captors after they had deserted the buggy at Warren. O., has had a depressive effect upon ths hopes of the parents, however, and their only desire now Is to open negotiations with the kid napers. They have slept but little since , the kidnaping occurred on Thurs day morning snd they are apparently re signed to the fact that the kidnapers have the upper hand In the affair and anxiously waited some Intelligence from them as to what they are to do to get William back. Every clue, no matter how alight. Is being run down by the boy s uncle, Frank M. Buhl, the millionaire steel man, who after an exhaustive but unsuccessful search In Cleveland last night will return to Sharon this afternoon. The abduction has recalled an almost sim ilar kidnaping at Sharon ten yeara ago, when the 8-months-old son of a wealthy resident, A. Levlne. was the victim. The child's nurse had left the baby In Its car riage on the street while she entered a store to make a purchase. During her ab sence the baby was stolen from Its carriage. Several hours later the parents received a letter informing them that the child would : be restored on payment of 15,000 and no puoiicny. It was decided to pay the rail' som. A spot waa designaiea ana two uc tealvea detailed to watch the place and make an nrrcst after the money had been taken, but an hour before the time agreed upon for tho placing of the money a letter was received by the parents. It read: Vou have the police watching us to ar rest us. We do not want your money now, but we have got your baby; you will never him again." Does the variety of things advertised on the want ad. page appeal to you as news? Really you have not road two-thirds of the news in the paper if you overlook the hews that you get from the hundred and one things advertised on the want-ad page. You can read all kinds of things he tween the lines. Business men find Information that they get In no other way. For example, a furniture man followed th Information received from an advertisement of a store for rent, which told him that the former oc cupant had moved, and sold $700 worth of office furniture as a re sult. Just one of the thousands of ways In which want ads interest people. Have you read the want-ads yet today! M ft S l r Rumor Hadley May Resign to Accept Federal Judgeship Report at Jefferson City is Renewed on Authority of Missouri Con gressman Not Named. JEFFERSON CITY, Mo., March 20 A renewal of the report that Herbert 8. Hadley, governor of Missouri, Is to resign In order to accept a federal Judgeship, was current here today. On the authority of a Missouri congressman, whose Identity lb not revealed by his friends here. It Is said that President Taft haa promised Senator Warner that Governor Hadley will be given the flrat vacancy that occurs on the federal bench In the west or northwrst. Governor Hadley's resultant resignation would make Jacob F. Gmellch, now lleutenent governor chief executive of the state, lie Is a repub lican and was declared elected only after a long contest In the legislature and the recount of ballots by a special committee. A report that Governor Hadley was to resign and take a federal position was circulated In December when the contest for lieutenant governorship was on. The rumor was promtly denied by the gov ernor who said that he had no present In tentions of resigning. Tne congressman who was responsible for the present renewal of the rumor asserts that the strictest secrecy haa been enjoined upon him and thus far it is believed that the governor has not heard of the report. The governor later denied the authenticity of the report, saying: "I know nothing about it except what the newspaper men have told me today. I don't care to discuss the matter." JAR FOR STATEHOOD LOBBY Secretary of Interior Order Officials to Itrniain at Home lOxeept on Kmrrirncr, WASM1NUTON. March ifl. Territorial of ficials in Alaska, Arizona, New Mexico, Hawaii and Porto Rico are going to get a lit tin shock In a few dnys when they receive an offlciul order from Becretary of the Interior Balllnger Informing them that In the future they must remain In their territoriea except in cases of emer gency. The order Is Intended to put an eni to governors and other territorial officials coming to Washington during sessions of congress and spending many months here lobbying for their measures or for statehood. f I I .'.lit Ji I New House Rules May Prove a Bane Instead of Blessing WASHINGTON, March 20.-Now that the smoke of battle has begun to disappear, the republican "Insurgents" of the house are beginning to discern at what price they won the rules victory at the begin ning of the session. They are making a careful study of the Fltxgerald amendments to tha rules to ascertain Just what their effect will be. Tha general feeling among the members is that it will be more difficult hereafter to get a bill through the house under unan imous consent. Instead of having only the speaker to satisfy, all of the members, more or less, must be shown the wisdom of the legislation, probably unimportant to them or the public, but often of Interest to specific localities. It Is stated that the amendments will force vctes next winter on such measures as antl-lnjunctlon bills, a more rigid fed eral regulation of Interstate shipments of Intoxicating liquors, a prohibition measure for the JJlstrlct of Columbia and amend ments to the Sherman anti-trust law ao as to exempt labor uniona from Its operations. Records for attention to senatorial work played an Important part In the filling of senate committee vacancies which has Just been completed by the committee on com mittees. Greater prominence has been given to the dally work records of senators as a reason (or preferment on committees than i TARIFF BILL AN I) REVENUES Conference at White House Discusses Condition of Treasury. BOND ISSUE NOT NECESSARY Western Members Object to Draw back Provisions of Payne Bill Prophesy nf International Tariff War. WABHINOTON, March 1.-A conference of two hours on the new tariff bill and lis relation to the revenues of the treasury was held at the White House this after noon. Secretary MacVeagh and Secretary Knox and Senator Aldrlrh of the senate finance committee, were . with President Taft. President Taft had opportunity to go Into the subject with more or less de tail, the first chance he haa had to do ao. Secretary MacVeagh has taken up the schedules of the bill for careful study. At the conclusion of the conference the opinion was expressed that it will not be neces sary to Issue bonds to meet current ex penedltures before next autumn, If at all. The revenuea of the treasury are Increasing and the outlook Is more hopeful than some time ago. It stated. Issues of Panama bonds are expected before a great while to repay advancea from treasury funds for the construction of the canal and with the proceeds of the sale of these bonds and the regular Incomes from other sources the treasury may be able to avoid selling bonds or treasury certificates for revenue purposes for many months. 1'rospeet of Tariff War. That the Payne tariff bill would bring about a great International tariff war if enacted, because of the section which con tlnueh in operation the Cuban reciprocity treaty, Is one of the arguments that Is being made against the measure. It Is urged that foreign countries which would otherwise agree to give the United States the benefits of their most favored nation clause In return for the minimum scale of duties provided for in the Payne bill will contcml that the Cuban reciprocity provision Is the most favored nation clause of tho American tariff and will merriure reiuae 10 enter into a new tariff agreement with this country. This difficulty regarding the Cuban reciprocity treaty and Ita relation to the mavimum and minimum tariff provisions of the Payne bill was not overlooked by the framers of that measure. The aub uuinmiuoB wincn aranea tne bill con sidered the claims being made that the clause containing the treaty with Cuba (Continued on Second Page.) ever before In the aenate, where the length of service has always formed so great a factor In fixing precedence In such matters. Many senatora a-e wondering whether when the regular session assembles In De cember there will be less difficulty than has been experienced In securing quorums and prompt action on measures referred to committees. M'CORMICK NOT COMPETENT Wife of Hob of Harvester Kins; Asks that i nard Ian Be Ap pointed for Him. SANTA BARBARA. Cel.. March .-That Stanley McCurmick, son of the "Harvester King," Is Incompetent to manage his af faire was the allegation made by hla wife in the superior court here yesterday in a petition to have him declared Incompetent and a guardian appointed to look after hla person and estate. McCormlck came to Santa Barbara for his health and for a time seemed to Im prove. However, It later became apparent that hla mind waa falling. Recently It be came evident to hla wife that aome action should be taken and the petition was ac cordingly drawn and placed before the superior court. It will come up for bear ing In about two weeV- SILENT CITY 18 PLACE OK liMAUTY Nature Affords Lovely ipots Long Repose of Omaha's Dead. for PROSPECT HILL NOW CLOSE IN First of Established Cemeteries Was Originally Far Out. FOREST LAWN OLD BRACKTN FARM Pioneer Owner Sleeps in Chosen Spot on Homestead. KING RESTS IN HOLY SEPULCHRE Touches of Romance, .Sentimental and Material, dinar A hoot Kvrn the Bnrlnl Plnrea of the Departed. Some bard hna sting. "The anil that soaks the brave man's blood Is always holy ground;" but going beyond the confined expression, myriads of tender, regretful memories cluster snd cling so about the resting plares of the loved ones gone, that 'ory cemetery Is holy ground In the tlicughts of the living. In the season Nebraska, with Ita great stretch of mld-contlnent territory. Is the home of ua great a variety of birds as enn be found anywhere In the temperate zone, so the cemeteries of Omaha become the summer pleasure groves of songsters that, knowing no fear, sing loud and free the whole day through, ringing the many de licious changes of nature's symphony over the lowly mounds of the ones who were great and the ones who were merely counted with the crowd. Approximately SO.ono people of Oils nnd preceding generations are burled In the cemeteries of Omaha. Many of these were horn here or tn some corner of this natkin; but thousands and thousands saw the light and knew the Joys and sorrows In ancient lands far. far from where they sleep through winter's frost and summer's gentle dew. From waste expanses of cheerless land scape which constituted the earlier bury ing grounds of the city, the modern ceme teries have become quite Ideal In their ar rangement and adornment. landscape gardening, with all Ita latter-day develop ment, has been brought to the task of making them most attractive In their phys ical features. Forest Lawn haa achieved high reputation under the loving and In telligent care of Superintendent J. Y. Craig; ao much ao that the booklet Issued bv Secretary Mann last year has taken rank among such publications second only to the book pf Woodlawn, New York. Prospect Hill, Mount Hope, Holy Sepulcher and St. Mary MagduUhe'a aro aleu cared for and docorated In good taste. These are the larger cemeteries, but there are several smaller ones where the graves are not neg lected or their occupants forgotten. Omaha's First Bnrylnic (Iroaad, In 1S58 the pre-emption claim of Moseg F. Shlnn was away out northwest of the hamlet of Omaha, and even the moat dar ing mind saw no prospect of that piece of land becoming the center of a city big and wide and great enough to be listed high among the aggregated groupa of population. Today a portion of the Shlnn claim la com prised In Prospect Hill cemetery, which comes as near the center of the platted and built-up area of the city as can very well bo named without exact measurement. Mr. Shlnn gave ten acres of his claim for ceme tery purposes. A Utile later Jesse Ixwe added ten acres adjoining; but both Shlnn and I.owe retained title to the land thus set aside. lCven at an earlier day than this a tract of five acres, on the crest of an elevation In what Is now Shull's addition to the city was used aa a common burying ground, "without leave or license," as an old ac count rends. Two lots In Prospect Hill now contain the remains of all the old-timois who were Interred here. Some few yeara ago there waa dug up at thla location an expensive Iron casket, with." heavy opiate glass face plate; also a cofJn containing the remains of a man who had been burled in a soldier's overcoat. There was a platol In the coffin and buckshot In a pocket of the coat, indicating an Indian In civilized raiment. Over these burial places of Omaha's younger day the cattle ranged at will, us fences were lacking. Birth of Prospect Hill. In 1869 Byron Reed bought tho Shlnn ten acres, with fifteen acres adjoining, from Jesse Low. Of the twenty-five acres Mr. Reed devoted fourteen to cemetery pur poses, with a provision for reversion to his heirs when It shall cease to be used for cemetery purpose. Mr. Reed managed this cemetery tract himself for twenty years, falling to organise a company which he attempted. In that time he faced a de ficit of 6,n0O- Thus It came about that In, 18S6 he turned the maaagement over to the Forest Lawn Cemetery association, under which control It remained for a few years. In the spring of IK) an organization of tha lot owners was formed aa the Prosper! Hill Cemetery association, which afterwsrd ac quired some land extending from the east line of the cemetery to Thirty-third street on the west, and thla la the Prospect Hill cemetery of today. Prospect Htll Cemetery association Is mutusl affair, with 1.6ci0 lot owners con stituting the membership. It Is the rest ing place of many members of the oldsr families of the city Megeaths, Doanes, Paddocks. MUlards, McCcrmicks and oth ers. Upwards of lo.uti Interments have been made. The Iflrst Interment In what is now Prospect Hill was made In March, IhSS, end the body wiis that of Alonso F. Balls bury. He was a member of the council and had represented Lwjuglas county tn the third territorial legislature. Ho waa 6o yeara old when be died. Borne among the real old neighbors will recall Salisbury aa the owner of the sawmill and wharf that was located long ago at the foot of Nicholas street. In Juno, ISM. the second Interment was made, whn the funeral of J. I Wlnslilp occurred. Flrat tatbolle Cemetery. In the early tts the Roman Catholics started a cemetery, old St. Mary's, north of St. Mary's avenue and east of what la row Twenty-fourth street. This waa 1 HUlde burying ground, f ' r Thomas HM lft. who removed the bodies In 1SV7, recall that he afterwards made a fill of forty feet or moro at that point. OeoaraJ IX O. C. Oru'a father bad beau bunad hero.