VI
THE BEE: OMATLV, SATURDAY. JULY 3f.
11
ORE
J-1909
BRIEF CITY NEWS
Where Nebraska Republicans Stand
Speeches by Secretary Hayward of the Republican National Committee, and Former Gov
ernor Sheldon, which aroused tremendous enthusiasm of the Republican Committee at Lincoln.
JULY
TUE WID THU
1909
mi sat
I 2 3
1 mh
4 5 6 7 8 9 10
II 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 3031
Rave Root Print It.
Oir.aka Zlectrlo Works repair elevators.
jfbrt, photographer, ISth Farnam.
I Mrn, photo, removed to lth ac Howard.
Equitable tlfepollclea. sight drafts at
i maturity. II D. Neely, manager, Omaha.
I Library Board Meats The public
J library li.iard R ill mm this evening for the
Innnual lection of officers.
I The Surest Way to Bsts Is to follow
J a fix'd. dpfli.lte pinn for saving ao much a
rk or month. See Nebraska Savings A
Loan Assn.
Be Tour Own Banker and rent a box In
the American bate Iieposlt Vaults In the
fc p... building.
, Dan Kughss Wanted The Atchison.
Kn., police are looking for Dan Hughes,
! Jii la charged with larceny. Hughes took
I aVraln from Atchison bound for Omah
' Wednesday night.
4 Oraos Doyle's Oa.se Grace Doyle.
,i charged with robbing Charles Falco of J2.UO0
, In resort two weeks ago, had a second
preliminary hearing in police court Friday
' morning, and took another continuance,
this time until Tuesday morning.
Military Prisoner at iargs-John W.
Deveroux escaped from the guard house at
Fort Crook Friday morning. He formerly
was a member of Troop C Second cavalry.,
lie Ih .'1 years of agn and weighs 10 pounds.
A 1. ward of i.') is offered for his capture.
Sues .allroad Company Pasquale
Odorlsio is stiViiK in district court on behalf
of th. u Iilov. of Giuseppe Pallatto for
M,jO nan 1 ho Union Pacific. Pallatto la
said tn have Imkii killed by a train June 28.
Mirha.l Mrivin. the engineer, Is also made
a party to the suit.
Kew r levator Company The Middle-W.!-t
Klevator company, with a capital
sto l of iino.rtOO, has been Incorporated to
ensKe in the grain business. The dlreo
i.ns of the company are Robert W. Hale,
fjolin K. Hale. WUllara T. Hate. Jr., and
Charles . Xlswonger.
Thieves at Fremont The Barney-Shan-beig
hardware store at Fremont was en
tered by thieves Wednesday night and
several guns stolen. Sheriff Bowman of
Dodge county has reported the robbery to
Utie Omaha police. No clue to the robber.
jf is held by the Fremont officials.
Fenohant for Coats On as hot a day a
It wan Thursday August Weber wanted
two coats; at least he tooa a coat belonging
to George Moore, 218 North Fourteentn
street, and landed In the hands of the
police for that hot weather act. Th owner
of the coat secured It In police court, and
Weber got a ten days' rest In th city
Jail.
Hu-ta for Missing Boy The father of
Joseph Vavlrla. Thirty-seventh and Polk
'tV-eis, in South Omaha, fears that his son
has lun away to Join the navy. He does
not want him to enjoy the gay Ufa of a
i Jolly tar and has asked the assistance of
I the Omaha police In finding the boy, who
Is 1$ years of age. Joseph was last seen
Thursday afternoon at the corner of Thir
teenth and Mason streets.
new Incorporations Three new cor
porations have been formed to operate in
'Omaha. The Peters-Edholm Supply com
pany, with a capital stock of J100.0U0, organ
ized by A. J. Kdholm and J. W. Peters, will
deal in wholesale and retail machinery.
The National Brokerage company, formed
to do a general brokerage business, has a
' capital stock of $0,000, held by J. L. Martin
and John W. Koutsky. The -Ashland Park
company, formed by N. P. Dodge, W. G.
Dickey and E. H. Scott, will sell real estate
on a capital stock of tlO.OOO.
THESE ARE COOL DAYS
FOR WORKERS IN ASPHALT
Whrn They lleslre to Get Cool Ther
Hunt tbe Saunr Side of the
Street.
Elghty-slx to ninety degrees In the shade
may be warm, but 270 degrees without any
shade Is hot.
Dean Noye. superintendent of the city's
asphalt repair plant, and the thirty men
working under him. say 70 degrees is real,
slmon pure, unadulterated heat, and they
know what they are talking about for they
work near the asphalt at this temperature
during these warm day a When they cool
off they stand on the sunny side of a
street, where the rays of the sun are re-
. fleeted from a sky scraper, and say It
j Is a nice cool day.
Asphalt haa to be laid while it Is hot.
and Mr. Noyea says his men can not shovel
,-Vhe hot paving material for more than
i n or rirteen minutes at a time on account
i.' the excessive heat.
JAP MERCHANTS COMING HERE
Thirty Who Are ToartnsT Coantxy
Will Visit Omaha Next
September.
The thirty Japanese merchants touring
the country this fall are expected to reach
Omaha about September 15, coming from
the west. They are to visit this country
under the leadership of a Japanese cap
tain of industry named Shlbuaaws, to
whom the title baron should be prefixed.
Seattle, Taconia and the California coast
cities will first be visited, and following
them. Salt Lake and Denver. From Omaha
the party goes to Chicago and the east.
FARM HAND IS HEAT VICTIM
aiarahsvlltoOTSi Experiences Hottest
Dar in Five Years aaa Work
Is Smspended.
I MARSHALLTOWN, la., July . (Special
I Telegram.) Joseph Neuroth, aged IS, a
V farm band of Haverhill, waa stricken by
the Intense heat while working in the field
J yesterday afternoon and died during the
night without regaining consciousness. Tes-
terday, with the maximum 9. waa the hot-
est day In five years here. Because of lhe
' eat outdoor labor as practically sus
f Tended during the day.
) . ;
JR.. E. WELCH
V 24tl-i and Farnam
Phones, Bell D. 181 1, Zad. A-8511.
Meat and Grocery Specials for Saturday
Spring Chickens, per lb 23e
young liens, per id
Porterhouse Steak, per lb
Sirloin Steak, per lb
Pot Roast, per lb
No. 1 Bacon, per lb...
No. 1 Hams, per lb.,..
Peas, per dox. cans....
Corn, per doi. cans. . . .
Tomatoes, per dox. cans
20 pounds sugar for. . .
Secretary Hay-ward's Kpeerh.
Whn called before the republican con-
ventln at Lincoln laat Tuesday. Secretary
Hay ward of the republican national com
mute said:
"Mr. C'alrman and Fellow Republicans:
I did not have any fears when I came up
here today of being called before you. but
I want to say It Is a pleasure and a pride
to me to be present In any republican state
convention. I believe that the convention
system should not be done away with
entirely. (Applause.) T believe that the
people do rule In convention. I believe that
our meeting today will do the republican
party good that It Is good for us to meet
tOKt-ther and exchange our views and my
only regret Is that this convention, as fully
attended as it Is, has not more work to do.
"Now, It may not be the most pleasant
subject to har, but It Is natural that we
should turn back to the campaign of last
fall, and I want to teUyou gentlemen, very
brlefly, some of the reasons why we suf
fered defeat In Nebraska, in my opinion,
where all the rest of the nation, north of
the Mason and Dixon Una went solidly Into
the column of progress and of square deal
ings. "In the first place, gentlemen, Nebraska
was lost. In my opinion, for the national
ticket and state ticket so far as It was
lost by deceit, by fraud, by chicanery and
by dishonor. (Applause.)
"Nebraska Is now, as It was In the fall
of 1008. normally a republican state, but
by trickery and by fraud, as I have said,
all the devils of hell end all the angels of
heaven met to Join hands In a Virginia
reel of political abandon. (Laughter and
applause.)
"Our opponents sold themselves to the
devil and to anyone else that would buy,
and having done It and having received the
goods that were delivered, they turned
traitor to any and every Interest that
seemed expedient, and that Is why they
beat us and no other reason.
"Gentlemen. I believe that we ought to
be careful and be on guard In our campaign
In this year and In the future and see that
our affairs are In the hands of none but
republicans. (Applause.)
"I am tired and I am not afraid to say
so of having the republican party guided
by a lot of Bryanlzed near republicans.
(Applause.)
"And, gentlemen, let me say further that
I do not believe. In order for a man to be
a progressive republican, that ho has to
lot his republicanism suffer one particle,
"Let me state to you that down In Otoe
county and In some of our neighboring
counties we are progressive republicans;
we are still on deck and we never have
flown the black flag nor the white flag,
and we never will. (Applause.)
"On these Issues I believe tha repub
lican party of Nebraska should stand
squarely behind the republican party of
the nation. The Chicago platform made
certain pledges to the people, and that
platform must be redeemed in all its de
tails, and It will be redeemed, because In
addition to the little coterie of fighting
insurgents I saw a few weeks ago In the
senate there Is a great big 300-pound body
and a 2,000-ton brain that is going to re
deem those pledges, and that is the brain
of President William H. Taft. (Anrlause.)
'Gentlemen, I say it is a matter of pride
to me that I had the pleasure of talking
to cur senators the day the fight was
begun, and I had the pleasure of telling
them what I thought the republicans of
this stats would expect of them, and I
had the pleasure of seeing them standing
there and proving true to every trust that
we have reposed in their hands.
"Now, gentlemen., the national platform
of the republican party Is good enough
for any citizen of any community.
'I do not agree with our respeoted chair
man on the bank guaranty proposition,
(Prolonged applause.)
"Let me state to you, gentlemen, that
m nc.nly. was never pro-
posed for any reason but to catch a few
vote.. (Applause) Just as tha free sil-
ver bait was bung out by the Peerless One
to everybody that was in debt, because
he thought that repudiation would appeal
to the debt-burdened masses of the people,
so the bank guaranty was stuck out as a
Nixon Needs a
Snake Charmer
Etraoffe Effect of the Heat on a
Man Who Eu Brain
Storms.
C Nixon does not like snakes and he
says he does not drink, but he admits he
has brain storms, and Thursday was one
of the days when his storm center was
active.
He was found on Dodge street Thursday
afternoon picking snakes off the walk,
windows and streets. He was taken to the
police station and there be proceeded to
collect a few more snakes. On all the offi
cers in the station he saw snakes and ho
could not pick them up fast enough to suit
himself.
He was discharged In police court with
the warning to keep his snakes at home and
not bring them around the streets or police
station for public exhibition.
NEW POSTOFFICE SUBSTATION
Inspectors Preparing; to t,oeate a
Branch Office at Twenty-Foarth
and Amee.
Postofflce Inspectors George L. VanDyke
and H. S. Grogan are in Omaha looking
over the ground for the establishment of
a new postofflce substation at Twenty
fourth street and Ames avenue for the
accommodation of the patrons of the post
office in the north part of the city.
While here the Inspectors will take up
15C
15C
15?
..10?
17Ht
. f0
ai.oo
$1.00
bait when thou same people had money
In the bank, and he thought It would trick
them, and he appealed to them again on
that Issue. It has not received the ap
proval of the people of the state of Ne
braska or any other state In this union,
and I hope that this state never will de
clare for any Bryanlzed scheme of hold
ing up one weak Institution with the strong
timbers of another. (Applause.)
"Why, gentlemen, this man who In Can
ton, O.. asked the democrats to vote against
William McKlnley lest their principles be
prostituted, over here at the Lincoln hotel,
In Lincoln. Neb., asked the republicans to
vote for himself when he thought he was
going to be heir apparent of the Roose
velt popularity. And when Roosevelt re
pudiated his claim of heirship he turned
upon Roosevelt.
"This Is the man who was begging in the
streets of Chicago for contributions to his
campaign runa even ir u wouia do oniy
mite the widow's mite and mourned bs-
r.,M ,h. ronn,PtiP,lt Mllrt would not let
him get the widow's TO,000. (Prolonged
applause.)
"This Is the man that quadrennially an
nounces from his experiment station In Ne
braska his fool vagaries and theories and
who cannot go back. nd stand on any para-
mount Issue that he has ever advocated
wtthntit mairln hlmilf rMlnilmm nri fnr -
" " ' . . .
mat reason nis tactory out nere at r air
view Is busy grinding out new ones. (Ap
plause.) "Now, gentlemen, let us tn this coming
campaign put our shoulders to the wheel.
The people of this state will trust their
Judiciary and their supreme court and their
schools to the republican party in the fu
ture as they have In the past, because they
have always proved true to that trust;
and let us say to the nation, although W.
J. Bryan and his running mate. Governor
Shallenberger, who, I understand, says that
the democratic party has Joined hands with
decency let ua 'show them that although
occasionally, by fraud they may put us
111 III innw.iu Btuou. 1 1 1 K L ill y lkiiiiwi
keep us there. I believe that Nebraska In
the coming election will square up In line
W,n u,e progressive stales of the union
and will remove that black spot from the
political map the only black spot north of
the Maaon and Dixon line which makes us
bow our heads when we look at it.
"Let me say In closing, gentlemen, that
what Governor Bhallenberger said. If It
Is true at all If they have Joined hands
with decency It Is only because they be-
Moved there are more decent people than
the other kind. (Applause.)
"M tha democratlo party of Nebraska,
gentlemen, has decided to become honest
t last It Is only because honesty Is
deemed the best policy.
"And don't be deceived by any specious
claims or statements of these people,
They are looking for but one thing they
have never looked for anything else and
never will end that Is the Job.
"I prophesy, gentlemen, that If the reso-
lutlons committee does what you neoDle
tei t to do voices the true sentiments
of this convention; follows the national
platform as It was made In Chicago; com
mends the president and our republicans
in congress who have stood by him
through thick and thin-I predict, gentle-
men, that in November, with all of us
pulling together, we will put Nebraska
back where she belongs in the republican
column- I thank you."
(Applause.)
Governor Sheldon's Speech.
Former Governor Sheldon, followed
Mr.
Hay-ward, and when the greeting he re-
celved had subsided, he said:
"Fellow Republicans: I wish to thank
you for this sincere and klndlr -reetlne
and wUh t0 you that j had
rathtJr be defeated as I was and receive
thu .,, ,h. , h. K ,,
by deception. (Applause.)
"At no time since the late election has
there been anv desire In m h ...... f, .
""'TL! " " . "
.IV ." , " , "T
that th PP f at large had
since regretted their selection. (Applause.)
1 know th' v will agree with me
nd wltl th chairman In his interprets-
tlon of the Chicago platform so far as the
tariff revision Is concerned. (Applause.)
"There was no doubt when that plat-
up the matter of the establishment of the
substation at Florence.
The territorial growth of Omaha and its
suburbs has necessitated additional postal
facilities in the remote localities and it Is
the Intention of Postmaster Thomas to
lend every effort to accomplish this.
HUNT FOR HONEYWELL
OCCUPIES THE POLICE
Mystery of the Yonnsr Man Remains
Unsolved, bat Credence Is
Given Suicide Theory,
Did W. E. Honeywell really drown him
self In the Missouri river July 17, and did
his dead body pass under the Douglas
street bridge at a. m. Friday?
This is the question the Omaha police are
asking and which they think may be an
swered In the affirmative.
At 4 a. m. Friday morning the bridge
man on the Douglas street bridge observed
a floater going down the stream. He
notified the police station, and word waa
sent to South Omaha and Gibson to be on
the watch for the body.
Tha brldgeman said hs thought the body
was that of a woman, but be did not say
how he could tell It was. The police thlnli
It may be Honeywell's, and that the Har
lan man made good his threat.
Honeywell left his home early tn the
week and his father notified the Omaha
police to lock the young man up if found
in this olty. The father, who Is J. B.
Honeywell of Harlan, feared that hts son
would commit suicide, as he had threatened
to do so several times.
Nothing waa heard of the man until
Wednesday when a note was found on a
car In the Northwestern yards at Council
Bluffs, written by young Honeywell anj
saying that he would drown himself on
July 27 In the Missouri liver. In the note
he asked that his father be told of his
death.
RACE RIOT JIN CINCINNATI
Negro Stabs White Woman Who
Reproved Hint for Slapping
HU Child.
CINCINNATI. July JO. Chaaod by a
mob of more than fifty white persons, a
negro whose name waa said to be O'Neal,
made his escape from the crowd tonight
after hs had stabbed Mra Benjamin Winer
and knocked down and lees seriously in
jured several other persona
The affair, which rapidly developed the
proportions of a race riot, occurred !n
West Sixth street, in the downtown dis
trict. After stabbing the woman, who In
terfered because he had sispped his little
daughter, O'Neal was se upon by the
crowd, which threatened to lynch him.
form was adopted at Chtcaao In the minds
of a majority of the delegates to that
convention what was meant, and I wish
that we might today send a telegram of
our congratulations to the president of
the Tnlted States for his firm stand, as
suring him of our loyal support, and ex
pressing our conviction that he will re
main steadfast and bring about the re
demption of the republican platform. (Ap
plause.) '
"I hope. too. that this convention will
see fit to commend our two United States
senators for casting their vote against the
Aldrlch bill. (Applause.)
"I believe that hlntory has demonstrated
that this country can finally adapt Itself
to most any kind of tariff legislation. Of
course some of the legislation has been
such that It has been pretty hard to adapt
ourselves to It. But what we want la a
.ett)M condtlon , a polloy an
a law that will have and hold the respect
of the American people. (Applause.)
"The Aldrlch bill, as It has passed the
senate, will not settle the tariff question.
The people of the country and the repub
lican party want the tariff question set
tled, so that we can take advantage of the
cr.l npn.narltv that Is sore tn pnme as
h tar)ff ,e(t!aton , d.fnI,.,y
determined. And let us hope that our mem-
bers
In congress and the United States
senate and the others who are fighting
for the redemption of the platform pledges
will stay there all summer If necessary,
or. If they are weary, that they may ad
journ or take a recess, but not give up
the fight until a tariff law Is finally
written in the statutes that Is In accord
ance with the platform of Chicago and In
accordance with the declaration of Presi
dent Taft In his pre-election speeches.
(Applause.)
"In this state let us compare the deeds
and promises of the democratic party and
the work of the democratic legislature of
1909 with that of the republican legisla-
tur- of k..p that before the peJ
pie of this state.
"The republican legislature of 1!07 re
deemed Its pledges at par redeemed them
In such a way that the people of the state
are receiving the full benefit of every
act at the present time. (Applause.) The
fact Is that the laws of 1907, created by
the republican legislature, have stood the
, , d , lhe dPmocratlo legisla-
ture of 1909 have not; and tnat Ieadg me
t0 tha belief that the difference between
a republican legislature and a democratic
legislature Is that the republican legislator
reads the constitution first and enacts the
iaw accordingly, and the democratic legls-
lator makes the law and lets the constltu-
tlon take care of Itself. (Applause and
laughter.)
"Another thing there should be a con-
tlnuatlon of that public policy of fair and
square dealing on the part of all officials.
As I said In the beginning, I believe there
Is more comfort In defeat than In victory
gained with deceit, than there Is through
one gained by promising two different
organisations of conflicting Ideas that the
wl" of ch na" be carried out and then
breaking faith with one,
"Some have found fault because at times
in the appointments in this state of a
P"b"e natu,re 8ome Promises were not ful-
"Here we are now on the verge of an
other election. The republicans today In
convention are harmonious. Let us get to
gether now and show the people of the
country that Nebraska Is still a republican
state. (Applause.)
Now, I wish to thank you and assure
you that so far as It may be In my power
to assist the republican party In this
election that my undivided effort shall be
given,
"I feel srateful for the honors that have
been conferred upon me at the hands of
u men and the republicans of our party,
and I hone I may live and have the
strength and the power to render back
,ome 8rvc or the honors that I have
receivea at your nanas ana at the Hands
of the people of this state.
that when you
return to your several counties you will
IeM(m from th- Mperlenc of ,aft
yw not fM, that ,t , ot neceB8
to ,et out work , order t0 ohtAla
pftrty success.
"Let us put our shoulders to the wheel
d there will be no doubt about the
result." (Applause)
Brandishing an ugly looking knife, the
negro held his pursuers at bay and escaped.
He had not been apprehended at a late
hour.
Other negroes came to O'Neal's assist
ance and police reserves were rushed to
the scene and they succeeded In restoring
order. Mrs. Winer will recover.
Liquor is Issue
in Old Virginia
Eepublicam Name State Ticket and
Endorse New Flan of Local
Option.
NEWPORT NEWS, Va., July 29.-Placlng
themselves squarely on record as favoring
local option, with the counties and the
cities as the unit instead of maglstrarlal
districts, as under the present law, the
delegates to the Virginia republican state
convention today accepted the liquor sit
uation as an issue in the gubernatorial
campaign.
After adopting a platform, of which this
plank was the principal feature, and nom
inating a state ticket, headed by William
P. Kent of Wythevelt, present American
consul general to Guatemala, they ad
journed the state convention sine die.
When the discussion of prohibition was
reached State Senator A. T. Lincoln of
fered the following:
"We favor the general principle of local
option and that the counties and cities be
a unit in all elections on the liquor ques
tion, with rigid enforcement of the law."
Mr. Lincoln led the fight for Its adop
tion, and was so successful that after It
had been Incorporated In the platform he
was Immediately put forward for lieuten
ant governor, although a slats had already
been prepared.
Other nominations were:
Attorney General G. A. Revercomb.
State Treasurer J. L. Crupper.
Secretary of the Commonwealth John B
Lock.
Commissioner of Agriculture J. T. Rob
inson. Superintendent of Public Instruction F.
P. Brent.
Relief for Indians.
WASHINGTON. July 0 -Commissioner
of Indian Affairs Valentine today took
steps to relieve more than 1.M0 Indians in
Wisconsin, who were left without shelter
and food as the result of the recent series
of cloudbursts In that state near Odauah.
The Babonlc I'lasu
destroys fewer lives than stomach, liver
and kidney diseases, for which Electric
Bitters Is the guaranteed remedy. 50c.
Sold by Beaton Drug Co.
lit &JrVt ' vw;.
1 Men's
aivd
On Sale at 20 Reduction
Nearly time for the arrival of Fall stocks, bo wo must clear our shelves in readiness.
Surely we could not have adopted a better method than to offer the famous Regal Oxfords, In all
their late Btvles, handsome shapes and finest leathers, at an actual price reduction of 20 per cent.
"ReRals" are so well known for their perfect fit (they're made in quarter slies). long service and
many other points of superiority that we will simply invite you to secure a pair during this sale.
Prices S53. SO and 54.00 Less 20
1:
"The House of
High Merit."
Sugar Trust
Wants to Pay
Up and Quit
Has Offered $750,000 to Settle Liti
gation Brought by Pennsylvania-Receiver.
PHILADELPHIA, July SO. Declaring
that the largest verdict he ever heard of
for a violation of the Sherman anti-trust
law was 700,000, George H. Earle, receiver
for the Pennsylvania Sugar Refining com
pany today asked th? common pleas court
here to decide the advisability of accepting
the offer of $750,000 made by the American
Sugar Refining company as a settlement of
litigation brought against it by the Pennsyl
vania company. The American Sugar Re
fining company makes the offer, provided
It can obtain release from the collateral
parties in the Pennsylvania Sugar Refining
company, which will exempt the American
company from further litigation.
Mr. Earle as receiver for the Pennsyl
vania Sugar Refining company sued the
American Sugar Refining company for 30,
000,000 damages alleging that the latter com
pany prevented the former' concern from
operating Its refinery.
Mr. Earle's application was vigorously op
posed by counsel for the protective com
mittee of land holders of the Pennsyl
vania Refining company, who maintained
that if the case would go to trial a mu
lararer sum would be received for the
Pennsylvania company. They also asked
that a master be appointed so that a com
plete report could be made of the proposed
adjustment.
Mr. Earle showed that In addition to
the $750,000 In cash which haa been offered
by the American Sugar Refining company,
securities aggregating $8,500,000 would be
turned over.
The court held the matter under consideration.
ill) TTU II ... Ill ST
Stay
line
Cool and Comfortable
Summer Clothes for
Those Hot Days
The best and only way to avoid discomfort this
weather is to look carefully to your clothing.
See that it is light weight, roomy, well made and
fits properly.
Of course after you are satisfied as to these qualifi
cations, you want to he dressed stylishly as well.
There's more style and better tailoring in our Sum
mer Clothes than you would ever expect, and yet we've
graded our prices lower than what you'd have to pay
elsewhere for inferior garments.
For example:
Cool Two-PIccc Suits
$7.50 to S1G.OO
Cool Serge Coats
S32.TS to 34.50
Cool Alpaca Coats
S2.50 and 33.no
Cool Outing Trousers
25 Below Regular F rices
Women's Regal Oxfords
PLUCKED BYFAKE NOBLEMAN
Mercenary Side of the Romance of
An Unsophisticated Boston
Woman.
Miss Charlotte Lillian Moore of Boston,
formerly of Somervllle, who Is being sued
by Carl de Mel of Hamburg, N. T., under
an alleged contract to pay him W.000 a
year during life, or until he should marry
some one other than Miss Moore, has
filed her answer in the supreme court of
Boston.
De Mel asserts that the contract was
made in August, 1907, when, as he al
leges, she wanted to marry him and have
him continue his musical education tn
Europe. The payments were to be made
Quarterly, and he declares she made two
payments, or $1,500, and although he still
was ready to marry her, she refused to
continue the payments. He seeks an ac
counting, and asks to have her Interest
In some trust funds reached to pay what
he may be found entitled to recover.
In her answer Miss Moore admits exe
cutlng the agreement, but says her Big
nature was got through fraud and undue
Influence. She also alleges misrepresenta
tions made as to his position In life, his
ability, talents, former career and attitude
toward her, and also as to his relatives.
She declares she stopped payments as soon
as she discovered the alleged misrepre
sentations. The agreement, she claims,
was without consideration, and imposes an
Illegal condition in restraint of marriage,
and therefore Is void.
Miss Moore's answer sets forth that the
1 plaintiff "having learned that she was in
receipt of a considerable Income from the
estate of relatives, and designing to cheat
and defraud her, concocted a scheme to
obtain her money and property, and to
that end and for that purpose met her,
apparently by chance, while she was
traveling In California, representing that
he also was a tourist, and In pursuance of
his scheme the plaintiff falsely and fraud
ulently represented himself to be the scion
of a noble Austrian family, and that his
mother was and had been for a long period
of time a lady in waiting at the Austrian
court; that he himself had been in the
diplomatic as well as the secret service
of the Austrian government and that his
family previously possessed great wealth.
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but through misfortune had met with
financial losses so that they were then In
poverty,-all of which was false and fraud
ulent, as the plaintiff well knew, and was
Intended to work upon the sympathy of
the defendant.
"And the plaintiff further fraudulently
represented that he was possessed of rare
talent or ability, that various musical au
thorities had declared his musical talent
to be pronounced and remarkable, that
his voice if cultivated would make his
fortune and put him in a position to be
one of the greatest singers of the world
and to sing In grand opera, and that he
needed only to have opportunity to study
musio under competent instructors to be
found in the old world to place him In a
position to which be belonged all of which
was false.
"The defendant was uneducated In mu
sic, and was therefore not able to tell for
herself as to the truth of this. He agreed
to repay the money loaned to him, with
Interest, at an early date.
"He represented he had lived a pure and
upright life, and that he was qualified
to be admitted to enter her friendship. '
"He secured her friendship on these rep
resentations and borrowed $6,200, In pay
ments as follows: June, 1904. $2,500; Janu
ary, 1906, $1,(0; September, 1906, $1,800; and
July, 1907, $000, which he still owes to the
defendant.
"And thereafter. In further pursuance of
his scheme, plaintiff falsely made protes
tations of loye for the defendant and grati
tude for sums loaned, declaring his de
sire and .willingness to repay the same, and
asserting that, while the money obligation
would shortly be repaid with Interest, the
debt of gratitude could never he effaced
from bis memory."
Miss Moore's answer adds that she. was
Induced to visit him In Milan, Italy, "and
while there the plaintiff persuaded her
to execute the agreement while under the
domination of his will. She denies that
any marriage was ever agreed upon be
tween the parties or that either of the
parties ever promised or agred to marry
the other. She says that the written agree
ment was unsupported by any considera
tion whatever from him to her. and alleges
that the agreement Is void and unenforce
able because depending -pon an Illegal
condition in restraint of marriage." Bos
ton Herald.
(Bit