Omaha daily bee. (Omaha [Neb.]) 187?-1922, October 10, 1909, NEWS SECTION, Page 3, Image 3
THE OMAHA SUNDAY REE: OCTOBER 10, .1909. A - Nebraska MALONE CONTEST PROPER Snnreme Court Holdi County Court Has JunidictioD, IKJTJKCTION FOE BONACUM claatoa of Hmritf aad Acqnlttal br th Excise Board. (From Staff Correspondent.) ICOIJJ, Oct 9. (Special.) The su- e court today decided that the election st instituted by Robert Maione, canai- lcf for mayor of Lincoln, was properly . ed In the county court of Lancaster .it jr. Don L. Love, who wai elected 'or, contended, through his attorney, t the city council alone had Jurisdiction f, hear the contest. Application wa made f j the district court for a restraining order to prevent P. James Cosgrave as county Judge from bearing the contest.' This ap plication was denied-by the district court and an appeal was taken to the supreme court In the name of Mayor Love. Judge Letton wrote the opinion of the court, holding that the contestant had light to start proceedings before cither the county court or before the city council. these having concurrent jurisdiction. Judge Barnes dissents and holds that the city council has ex -luilve Jurisdiction. No Relief for Ante Mas. Albert Jones, fined $26 for running an automobile at a speed greater than ten miles an hour In the town of Wayne, gets no relief from the supreme court. He con tended that the verdict was not sustained by the evidence, that the court erred in re fusing to strike out the testimony of cer tain witnesses and that the verdict was the result of prejudice against automobiles. The supreme court affirms the Judgment against Jones and says that questions of fact are for the Jury, and a verdict by them on a question of fact, where testimony Is conflicting, will not bo reviewed. In the case of Hespen against Wendln, from Otoe county, the court has reversed the judgment of the lower court with dl rectlons to, enter Judgment in favor of the plaintiff as prayed for In his petition. This finding Is In favor of a foster son who claimed the right to inherit the same as a natural son. The boy was born In Ger many out of wedlock and when he was 9 years old his mother married and oame to Nebraska, where she and her husband lo cated on a farm. Other children were born to the couple and the family prospered financially. The husband and wife came to America and started In life with money the mother had received for the boy's ban eflt. It was agreed by the husband that the boy should hare ,in his estate the same as his other children. In the case of Charles Winkle against City of Hastings the court holds that the dlntrlct court had no power to detach prop erty from the city of Hastings. This power was conferred by the legislature upon the mayor and council. An appeal from that body in refusing to disconnect particular tracts cannot be made the means of trans ferring such power to the district court. The case Is reversed and dismissed. The supreme court today" overruled, the application of Bishop Bonacum for an in Junction to restrain Father Murphy from tho: use of parish property at uiysses, There is now In the supreme court an ap peal fired by the bishop n ft previous In junction case In which he waa defeated. The Bonaoum-Murphy feud la of several years' Standing. V Police ' Cnlef ReatsTna. The findings of the excise board, made public this afternoon, clear Chief of Po lice Rlckard of the charge of affording protection to houses of Ill-fame. It holds, however, that the chief used poor Judg ment In arresting Detective W. A. Bentley under the circumstances down at the Eva Matrln plaoe and throwing him In jail. Ex-Policeman John Wright comes In for a roasting for his failure to report conditions down In the bottoms when he was a plain clothes man'' and was assigned this duty by his superior officer. The board takes hold of the matter of lack of co-operation between the police de partment and the county officers, which has become notorious. It finds that dis cord exists and is a serious detriment to the publlo service, and It declares that In the future cordial relations shall prevail as far as the city Is concerned. For reasons which he says are known only tcTour men. Chief of Police Rlckard has handed In his resignation as head of the police department or tne city or Lin coln. The written request to be relieved irom amy was nanaea in o ins meraoers of the excise board yesterday, but It was not Intended that it should be made known for some Urns yet to come, and particu larly until the findings of the board were made publto with regard to the Tyrrell charges. It was entirely by accident that the mat ter leaked out at this time, through a Hp of the tongue made by Exciseman Harpham in the presence of Sheriff Hoag land. Despala, aa Secretary, Don C. Despaln was elected this after noon as secretary of the Lancaster county republican central committee, at a meet ing of that body held in the Capitol hotel. He had been asked by Chairman Ander son on Friday to take the place and no body else was suggested for It. Nebraska Burnam, Dunn and Rine Cited for Contempt City Attorney and Lawyer to Aniwer in Supremo Court for Criticism of Judge Eoie. (From a Staff Correspondent.) LINCOLN. Oct. 1 (Special Telegram.)- City Attorney H. E. Burnam of Omaha and his two deputies. I. J. Dunn and John Rlne, were today cited to appear before the su preme court and defend a charge of con tempt of court made against them by the court. The alleged contempt was committed In a brief filed In the suit of Anna J. Robinson against the city of Omaha. The court or dered the brief stricken from the files and suppressed It. . It Is understood the attor neys. In the brief, make some criticism of Judge Rose, who wrote the opinion in the Robinson case. The hearing In the con tempt case was set for November 4. The Robinson case is one In which Anna J. Robinson secured Judgment against the city for II. MO for Injuries on a board side walk on Davenport street. The supreme court sustained the verdict and It was In the brief In support of a motion for a re hearing that the alleged contempt was committed. I. J. Dunn, assistant city attorney, when seen at the Jarksonlan club last evening, said that he wrote the brief to which the supreme court takes exception, but as It is a fifty-page brief he does not know to what part the court objects. He said that Mr. Rose wrote the opinion sustaining the verdict against the city of Omaha for $1,600 in a damage suit where a tars. Robinson fell and broke her shoulder on the side walk. "I said In the brief! that the testimony in the case was cold-blooded perjury and I will tell the court so," said Mr. Dunn. "I also wrote that all the witnesses, the Judge and the jury knew It was perjured teatV mon and that any sane man would know It from reading the testimony. The witness told three different states of facts In the case and the record shows It." POIfCA IS BUSY IMPROVING COLLISION ItKSlLTS FATALLY Tea-Yea r-Old Ctrl at Cortlaad the Victim. BEATRICE, Neb.. Oct. . (Special Tele gram.) The 10-year-old daughter of Henry Lucke was killed at Cortland last evening, While playing at school she collided with a playmate and received injuries which caused her death an hour later. Dally Paper at Plattssaoatfc. PLATTSMOUTH. Neb., Oct .-(Speclal.) Colonel P. A. Barrows, editor and man ager of the News-Herald Publishing com pany, commenced the publication of the Evening News this evening, which Is a newsy paper and meets with general satis faction. Colonel Barrows has completely rejuvenated the paper, putting lots of Vim Into Its editorial col urns and putting the paper on a sound financial basis. The News has been the leading newspaper In this county for many years and will be of much benefit to the republican party In Cs count. A serf Maa Trlea Salctee. hakvaku, tseo.. Oct. 9. - Special.) Last evening Francis Bmlth. living with his son. six miles north of this city, at tempted to-end his life by cutting his throat with a, raaor. 11 was ,ione , the house, his daughter-in-law being In Har vard and his son engaged about work near th house. The latter on entering the hulse found his father In a weakened con dition from loss of blood. There are hopes of his recovery. Mr. bmlth lost his wife some three years ago aod Is 91 ytars of ago, but In seemingly good health for his age. wltn pleasant surroundings. City Cornell Orders IHoch Work of Bettersneat Done. PONCA,' Neb., Oct. . (Special.) The city council of Ponca last night passed unanimously an elaborate liquor ordinance for governing the dry town. The town has been dry now for about five months and the city council last night ordered $1,000 of the light and heating bonds to be paid off If the holder of the bonds were willing to accept payment, as the bonds are not due yes. The council ordered two more street crossings to be put In, making a total of eleven crossings since last May, besides several alley crossings, all of concrete. There has been constructed about 1,900 feet of concrete sidewalk during the. summer and fall,-besides about M0 feet of two-foot walk connecting Germantown, s suburb with Ponca. ,. The St. Paul, Minneapolis . and Omaha railway has made some needed. Improve ments In the walks to the depot over their right of way connecting with' the new 'con crete walks. The present Council has been dubbed the "sidewalk council." The town has not had the licenses of three saloons as heretofore, yet more Improvements than ever before are In evidence. COURT. MERCIFUL TO DEFAULTER spends Sentence When Plea of Gnllty is Entered. BROKEN BOW, Neb., Oct. . (Special.) A number of cases on this docket this term were settled out of court and not s few continued until next term. William E. Wlllard, who has been under bonds for over two years charged with absconding with funds belonging to the county trea surer while employed as a clerk In that department, pleaded guilty to the charge and threw himself on the meroy of the court. Judge Hostetler suspended sentence under the following conditions: that Wll lard should pay back the money he had taken together with the expenses Incurred by the county In bringing him to justice and that for the next seven years he must report at each term to this division of the district court. During that time, should Wlllard violate the law In any way, he Is to be brought Into court and sentenced on the original charge. This apparently disposes of a case that from time to time has caused some mild wonderment. Undesirables Follow Show. HUMBOLDT, . Neb., Oct 9. (Special.) A crowd of "undesirables" was on hand for the horse and automobile show this week and several cases of thieving were reported. During the base ball game, when . the family of Ambrose Buerstetta waa In attendance, a stranger entered their home and waa calmly engaged In secur ing something to eat from the family larder when the Ice man appeared. The fellow was followed and placed under ar rest, later escaping from the city Jail. He was captured, however, at Falls City by Sheriff Fenton, who found considerable stolen property upon his person. Some of this came from the Buerstetta home and some of It has not been Identified. While R K. Davis of the east side barber shop was at supper a wandering barber, to whom he had given work during the horse show, took French leave, carrying away the proceeds of the day's business, and boarding a train for the east. His where abouts have not been discovered. Agents fr Globe Wernicke Company Elastic Bookcases House, Hotel and Office Furnlher 1 Shirt Waist Boxes RGHARD & W'LHELM qiq.I0.18 South Sixteenth Street Agents for JloosUr Kitchen Cabinet. Yisit Our Brloabrac i Mntting covered, 28 inches long, mat ting covered, 3.35 32 inches long, mat ting covered, $4.25 42 inches long, mat ting covered .JJ5G.50 Couch Covers 00 inches wide, 3 yards long, reversible covers; spec ial, at $3.95 "Window Shades We have the best, use only Hartshorn rollers. Shades made by us mean the best. BlsselPs Carpet Sweep ers Gold Medal Ball bearing Sweepers Have one sent out on one week 's trial ; if not satisfactory it can be returned. .$3.25 Wilton Velvet Rugs $24.50 for 9x12 seamless Wilton Velvet Rug. Made from the best quality of worsted yarns, all new fall patterns, a splendid lino of coloring both in floral or oriental patterns. Lace Curtains The most complete line of lace curtains to be found anywhere is in our drapery department, most artistic styles, most service nets, longest assortment, nnd always at the lowest prices, taking quality into consideration. Cluny Curtains on French net, 45 inches wide, 2Vr2 yards long, real linen cluny lace edge per pair $1.95 Cluny Curtains with insertion and edge on heavy French net; at, per pair ...$3.75 Novelty Net Curtains, Marie Antoinette design, the newest styles for libraries, per pair $3.50 Duchess Lace Curtains, in Arabian color, the newest line of cur tains this season, per pair $8.75 PORTIERES A complete line in all colors at the right prices $3.75 Bordered Curtains, in all colors reds, greens, browns great values ' $3.75 I n W ' I I I Buffets (Like Illustration) Made of choicest quar ter sawed white oak, hand polished, golden finish. Is a very pretty design, trim med with wood knobs, one drawer lined for silver, has double door cabinet, one large linen drawer; top is 19 Inches wide by 40 Inches long, French bevelled mir ror, 36x10, an extra good value, now, at. each ' China Cabinet Special Made of quarter sawed oak, golden finish, has full bent glass ends, top is 38 inches wide, 14 inches deep, 68 in ches high, price $16.50 Dining Table Pedestal design, with round quarter sawed pedestal base, carved legs, top and rim is genuine quarter sawed white oak, round top 44 inches In diameter, highly polished golden finish, C-foot extension $22.00 School Folks' Clan Dines. FREMONT. Neb.. Oct. 9.-(8peclal.)-The North Nebraska School Folks, elub held their annual banquet last evening- at the Eno hotel. About sixty were present. The only set speech on the program was by Principal Graff of the Omaha High school on "Seniors." Extempore remarks were made by Superintendent Waterhouse of the city schools, Dan V. Stephens, Judge Dean who was present as a guest of the club and number of others. Most of the visitors left on the early morning trains. New Haalc at Geneva. GENEVA. Neb.. Oct. t-fs.n Oeneva Is to have Its third bank, one be ing incorporated with paid up capital of ttt.OOi. A number of business men form the corporation, with the following officers: President, Peter Toungers; J. p. Davis, vice president; Floyd Beybolt! cachler; Peter Youngers. A. J. Brown, m! Pangle. J. H. Hitch. J. K. Waring. O. p! Chapman and Charles Buehrer, board of directors. Tear for Steal Clothta. FREMONT. Neb.. OvL Speclal.)-Judge Hollenbeck this morning sentenced Arthur C. Blaylock to one year In the peniten tiary for the larceny of a quantity of clothing and other articles from E. R. Cud- jdeback's garage In July last. Blaylock Ostermoor Mattress The genuine Ostermoor, deliv ered anywhere in (the United States at factory rlce, each, at ......... .-$15.00 Department for wedding gifts, prizes of all kinds, candle sticks, candle shades for dinner and lunch decorating, electric' lamps, Colport China, English Hock CrystaJ Cut Glass, Jardinieres, Fern dishes, desk sets, Bronze vases, statuary and a complete lino of high class smokers' articles, at, lower prices than the same class of art wants sold elsewhere. ' Linoleum We are the Omaha selling agents for the Iiixdorfer Far kett linoleum, the only wood effects that are true to na ture, made from nnro linseed oil nnd cork sea soned from nine to twelve months before being shipped Xi '"" to this country. It can be waxed the same as 1 a wood floor, therefore making a very desir- , able floor covering at much less price than A hardwood floor. Entire new line of new pat terns now on show on our second floor. ."' . . Nairn's Linoleum Made in a beautiful line of tile patterns, both in ' printed and Inlalds. A splendid selection of printed linoleum. Two yards wide, at, per squara yard 50 Four yards wide, at, per square yard G5 Inlaid Linoleum Two yards wide, at, per square yard $1.35 Dinina Chair tSK&S (Like Illustration) Full box frame, quarter sawed golden oak, polished finish, seat upholstered in genuine leather, special, each $2.85 . (Like Illustration) ill ROUND OHK STOVES BOUND OAK STOVES We are the exclusive Omaha agents for this famous lljie o! ' stoves, Steel Ranges, Heaters and. Base Burner.. The Round Oak heater has led In ( the stove trade for the last twenty-five years, and is today far in the lead. Leather Couch This couch is constructed in a thorough manner, upholstered in the best quality of leather, seamed diamond tufted top, ruffle puff sides, springs are the best steel tempered, tied down with eight knots of Italian hemp twine, has broad oak frame, with carved clawed feet, a $50.00 value, special, at, each $39.00 AND BIISEBURN ERS In the Round Oak Base Burner we have 40 per cent more radiating surface than any other base burner. Round Oak Base Burners are made in 14, 15 and 16-inch fire bowls, and the greatest radiators and most economical hard coal stoves made. Don't fall to Bee this fuel saver before buying your stove this fall. W tT rf FI n i secured a Job at the garage, worked one day and then skipped out with the stuff. Judge Hollenbeck also sustained a motion to require the plaintiff in the sensational divorce case of Martha Staats against Charles Staats to make her petition more specific. District Teacners' MeetlnsT. EMERSON, Neb., Oct. 9. (Special.) The Northeastern Nebraska Teachers meeting, held here today, was attended by about 200 teachers from Dixon, Dakota, Thurston, Wayne and Cedar counties. Grade meet ings were held In the forenoon In the high school building and In the afternoon a general session was held In the opera house. Addresses were delivered by Prof. Bright of Wayne, Superintendent Gregg of Peru State Normal and Deputy State Superintendent Perdue of Lincoln. Severely Hart by Fall. BEATRICE. Neb., Oct. 9 (Special Tele gram.) George Ilazelton, a contractor of this city, waa severly Injured at the poor farm yesterday by falling from the scaf fold on which he was working. Three of his ribs were broken and he was badly cut about the head. Rain Help Winter Wheat. BEATRICE. Neb.. Oct. 9. (Special Tele gram.) A steady rain has been falling here all day. Farmers report that the moisture will be of great help to the win ter wheat. Nebraska News Notes. OENEVA Rain has fallen almost all day and last night. HARVARD A steady rain last night and today brought one inch of water. GENEVA A revival Is In progress at the Christian church, conducted by A. E. Wretmore. BEATRICE The democrats of Beatrice will hold a convention noxt Monday night to nominate township officers. GENEVA Rev. Thomas Griffiths goes as delegate to the National Congregational Brotherhood next Monday at Minneapolis. BEATRICE The Wymore and Blue Springs foot ball teams played a close and exciting game yesterday, resulting In a score of 0 to 0. LYONS Last night's gentle shower continuing for about five hours. Hettlt-d the dust question here In fine shape and ended a long dry spell. BEATRICE Miss Myra Kerns, daushtei of Mr. and Mrs. W. N. Kerns of Adams, died Thursday. The body was taken to Table Rock yesterday for Interment. BEATRICE Barry & McAllister have been granted a franchise to orwrate an electric light system at Odell. They will won begin the erection of a building for the plant. PERU Foot Ball Coach Burnett gave an address this morning at convocation on the subject of foot ball. He proved him self to be a strong speaker as well as a good coach. PERU Prof. F. M. Gregg 'of the biology department will speak at. the North Ne braska Teachers' association next Satur day He will deliver his lecture on land scape gardening. GENEVA Mrs. B. F. Walton fell through the grating In front of the library room, severely Injuring her shoulders. The grating gave way as she stepped upon it and she fell eight feet. EMERSON Henry Witt, aged 77 years, died yesterday of heart failure. He had been doing some work about the yard, came Into the bouse, hung up his coat and fell over dead without a word. KEARNEY A number of Improvements are being made at the State Industrial school located in this city. The contractor has arrlvt-d to build the new barn. A num ber of new Implements have been bought for work around the farm. The boys have been very successful UiIb year with their crops, having raised 2.(X bushels of pota toes and about the same amount of corn. . PEIUV-The death of Samuel Snowden, the infant son of Mr. and Mrs. llarley Snowden of this place, occurred yesterday. Mr. Snowden Is a prominent citizen of Peru. He moved here from Dunbar two years ago. WEST POINT The death of Frederick Pleper. whose funeral occurred on Fri day, removes from this county one of Its moot prominent, public spirited and wealthy pioneers. Mr. Pieper was a native of Germany and had reached the age of 70 years. WEST POINT Miss Ella Schwarting. while driving a hay rake on the home farm in lower Bismarck township, was badly Injured by being thrown from the machine, remaining unoonsclouB for over three days. Her condition, while serious Is not necessarily hopeless. BEATRICE The Crabtree Forensic club met last evening and elected these offi cers: James Rothenbercer. president; War ren Burgess, vice presidr.t; Alfred Wright, secretary: Wlllard Bourne, treasurer; Harold Matton, press correspondent. KEARNEY Word reached this city an nouncing the marriage of Miss Irene Ate Ill son and Mr. Frank Nye, at Los Angeles, Cal. Both young people were born and reared In this city, the bride having lately moved to California and the groom still being a resident of Kearney. LYONS Art I.enlir, of the country, while ringing the old dinner bell lustily In the charivari of Rovena Garvis and bride pulled the bell from Its fastenings on the pole, when It fell upon him rendering him Insensible. A physi cian was called and he Is recovering rupldly. BEATRICE Mrs. H. O. Day entertained the Woman's club yertcrday, the prognm being in the civic topics department. Tht delegates to the fifteenth annunl stato convention, to be held at Lincoln next week, are Mrs. S. C. Smith. Mrs. Jennie Starn. Mrs. A. 11. Felch and Miss Kath erlne Howe. WEST POINT The farm of Mr. and Mrs. F. F. lewltz, north of the city, was the scene of a pretty home I adding yesterday, when their daughter, Miss Mary, was united In marriage to Henry H. Craunke. the cere nony being per formed by Rev. G. H. lleinkln, pastor of the Evannelical church. BEATRICE Battery A. Beatrice llcht artillery, was mustered In here last even ing by Adjutant Ueneral John C. Hartlgan. The organisation has a membersh'n of thirty-two. K. J. Shinn and II T. Weston nre the lieutenants. Dr. J. I. McGIrr was choKen lieutenant surgeon. A smoker was hUd at the close of the meeting. KEARNEY Shortly after 7 o'clock Fri day morning a Mririg of box cars thrown on a flying switch missed the frog and crashed Into the caboote on the loci! freight train. A brakeman by the name of T. C. Gorman suffered a broken leg below the knee and the engine and cahoose were damaeed so that they were sent Into Grand Island and another outfit sent back to pull the train to the end of the district. EMEflSOX The funeral of Mrs. Emily A. t'onley occurred yesterday, the remains having been brought from San Francisco, t'al.. for Interment. She was well known In northeast Nebraska, where her husband, the late Rev. H. W. Conley. was a promi nent Methodist minister. She leaves two children. Mrs. DonUella Dillon of Pan Francisco and Mrs. S. E. Cobb of Emerson. WEST POINT The democrats of West Point have nominated F J. Malehow a precinct aKsessor for the city of West Point Mr. Malehow has served very ac ceptably In that rapacity for many years. In cltv politics, both county and munici pal. Vie nonpartisan Idea prevails In West lolnt. City Marshal Al O. Sexton and M. A. Feeham were nominated for constables. PERU The Agricultural society met last evening and elected the following officers: President, D. H. Weber; secretary. Lenore Muehlels; treasurer. Lulu Day; Prof. C. W. Weeks, the adviser of the association, Is making arrangements for the club to go In a body to the Omaha Corn exposition. The club has a large number of members In all parts of the state. It Is the purpose of the club to better the Instruction In ag riculture In the public schools of Nebraska. WEST POINT One of the largest weddings ever held In Cuming county was that given at the farm home of Charles Melster, the largest land owner In the cpunty. In Monterey precinct. His daughter. Miss Llxzie was united In mar riage to William F. Ratenhorsf by Rev. H. Schoof, rector of Ht. Boniface church, Monterey. The parties are the children of old and wealthy pioneers and were born and brought up in this community. They will occupy their nvn farm west of the city. KEARNEY Preparations are being made for the Buffale county corn show to be held here next week. Three Immense tents are stretched on Central avenue, which will contain the different exhibits of products. An amusement concern arrived Saturday and will furnish the attractions on the midway. Store windows and Interiors are decorated profusely with corn and alfalfa. One window In particular has wax figure clothed completely in alfalfa. One Imple ment firm has used fifty bushels of bright new yellow corn In the ear for decoration. The exhibits brought In so far consist of some good specimens of corn raised In Buffalo county. Your complexion as wen as your temper Is rendered miserable by a disordered liver. By taking Chamberlain's Stomach and Liver Tablets you can Improve both. Sold by all druggists. The Weather. WASHINGTON, Oct. 9 Forecast of the weather for Sunday and Monday: For Nebraska Partly cloudy Sunday with rain In the east portion; Monday, fair. Fo Kansas Partly cloudy and warmer Sunday; Monday fair. For Iowoi-Showers Sunday; Monday, partly cloudy. For Missouri Partly cloudy Sunday and Monday. For Colorado, Wyoming Generally fair Sunday and Monday. For South Dakota Fair In west with showers and warmer In east portions Sun day; Monday partly cloudy. Temperature at Omaha yesterday: fHour. & a. m. . 6 a. m.. 7 a. m.. 8 a. m.. 10 a. m.. 11 a. m.. 12 m 1 p. m.. i p. m.. t p. m.. 4 p. m.. 6 p. m.. C p. m.. 7 p. m.. Deg, 60 SO uO 50 M 49 48 48 4ti 48 47 4 45 4S 45 Loral Record. OFFICE OF THE WEATHER BUREAU. OMAHA, Oct. 9. Official record of tem perature and precipitation compared with the corresponding period for the last three years: H0g. IM. laOS Maximum temperature.... 61 M 61 49 Minimum temperature.... 45 42 4 33 Mean temperature 44 M M 41 Precipitation 49 .00 .09 .00 Temperature and precipitation departures from the normal at Omaha since March 1. and compared with the last two years: Normal temperature M Deficiency f..r the day 10 Total deficiency since March 1, 1 20 Normal precipitation 07 Inch Excess for the day 42 Inch Total rainfall since March 1. M M Inches Deficiency since March 1. 1S.... 130 inches Deficiency for cor. period, is).... 1 M Inches Deficient y for cor. period, lJl.... (.03 Inches 1- A. WELSH, Local Forecaster. Grant Bond Case Will Reach Crisis Monday Evening Plaintiff Has to Finish Introduction of a Little Rebuttal Evidence. The U. 8. Grant, Jr., bond trial will reach a crisis tomorrow morning when the plain tiff has finished Introduction of a little rebuttal evidence. The defense will then move for a peremptory verdict Its way. If the ruling of the court Is the defense's )', and there Is some chance of this, then It Is all over with Mr. Grant. On the other hand. If the plaintiff Is allowed to go on and argue the case with the Jury deciding In tho regular way, then Mr. Grant has a good show for a verdict. Yesterday the defense finished Its Intro duction of evidence. O. C. Drngna was the principal witness, but this side nlso called Mr. Grant, and his attorney. Judge Ben Baker, as well. Mr. Baker was in vited to tell of his employment In the rase and he proved a most uncommunicative witness, standlrg on tho objection of privileged communication. The defense was Interested In this point as bearing on the question of the bringing of the bonds here through F. H. Btowe, formerly of the Independent Telephone company. Testimony by Mr. Grant was that Mr. Stowe said he was considering buying the bonds and that he heard from Slowe that these bonds were his. Grant's. The evidence brought out by the defense did not seem to support, to any grest ex tent, Its charge of trickery In procuring the bonds to be brought to this Jurisdiction. O. C. Dragna took the stand In the morn ing and testified on direct examination that he bought direct title In the bonds from Mr. Grant and denied understanding that he was to act as Mr. Grant's agent In their recovery for Mr. Grant. He also asserted that he had secured title by buy ing from Tabor. On cross-examination he managed to evade the pitfalls set for him by the at torney for tho other side, though the plain tiff was able to emphasize somewhat the fact that answers were occasionally evasive. already been secured. During the year churches hove been erected at White Lake and Pukwana and also at Farwell, Just across the South Dakota line in Iowa. At Dallas, a 14,000 church is In course of erec tion, and It Is likely that a new church will be built at Wakanda within the next few months. A 13,000 church was dedi cated at Valley Springs, and the Sioux Falls church has completed a parsonage at a cost of about $3,000. A church debt of 125.000 at Madison has been paid. The mem bership of this church, under the pastorate of Rev. A. D. Thlbadeau, has been nearly doubled, and one of tho finest church buildings In the state has been erected. At Lake Preston a 16,000 church has. been erected and the parsonage Improved, to the amount of several thousand dollars. A parsonage has also been built at White Rock. At Layne a 14,000 church was dedicated. C. C. Bullock, pastor: and at Miranda a $3,000 church, under the leadership of Fred Rawllnson. Parsonages have been erect d at Blunt and Wolsey, Mnrphy Caae Delayed. PITTSBURG, Pa., Oct. 9 The action on the pfeffer caee In which President Charles W. Murphy was fined $fi00 for his alleged tampering with Pitcher Pfeffer of the To ronto club, will be taken up by the Nation; Base Ball commission In Detroit. The com mission did not meet this morning. Gumption NEW METHODIST CHURCHES IN DAKOTA Reports at Conference at Haroa ladlrate Canrch te Be la Kloarlahlnsj rendition. HURON, 8. D., Oct. 9.-(Spectal.)-Among Items of Interest at the South Dakota Methodist conference. In session here, was an address by Dr. Blake of Chicago, who spoke on the value of the gymnasium as a church asset. O. K. Brown and Henry Preston are members of the conference who have died during the year. Secretary O. T. Nolson, In charge of providing $6,000 for the endowment fund for the relief of veteran ministers' widows and children, stated that the amount had means common needed most. sense" when Under no circumstances lg It needed more than in the selection of right food. - The one reliable food which sup plies material for rebuilding the Important gray substance of brain and nerve cells. Is Grape-Nuts This food is made of wheat and barley by a procens which changes the starchy part of the grains Into predlgested food material so that It Is quickly absorbed and prompt ly begins repairing and building up waste tissue throughout the body. Grape-Nuts Is a "common sense" ' food. There, t Reuon" Read "The Road to WellYlll" In pkgs. . POSTl'M CEKKAL CO., LTD. Battla Creek, Klelu, V. . A.