4
TIIE BEE: OMAHA, MONDAY, DECEMBER 13, 1900.
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Council Bluffs
SEER TO QUASH INDICTMENT
Motion Filed at Council fcluffs with
4 Demmrer in Mabray Case.
CLAIM CHARGE IS INDEFINITE
Allegation Made Letter Set Forth
Wr Not Written by Any ot
Defendant Crime Out
side District.-
With a demurrer to the Indictment re
turned by th federal Krand Jury in Coun
cil Bluff against J. C. Mabray and other
alleged member! of the "bin More" swin
dling syndicate tliere wan filed Saturday
a motion to quash the indictment. The
motion and demurrer wera filed by counsul
for Mabray, Henjamln Murks of this city,
John II. DobblnB and Joseph E. Wright.
The two document, excepting the form
of the prayers, are Identically alike.
After making. the usual perfunctory ex
ceptions to the Indictment, the following
objections, In brief, are set forth:
The liidlctin'nt fails tu sljow that the
crime of conspiracy attempted to be
charged was committed witniu the Juris
diction of this court.
The Indictment affirmatively shows thai
the crime attempted to b.; thrrein cnargea
wan nut committed within the boundaries
of the southern diatrlct of Iowa, or within
the state of luwa ct within the Jurisdic
tion of this court. '
Not Within Statute) f Limitations.
The Indictment shows that the crime at
tempted to-be charged, vf committed at
all, was committed at a ilrne'not wl.hin the
period of tue statute of limitations.
Th Inclluimeiit uu.lcnin,s lu cziaine too
defendant with eoiispirticy .10 commit thd
crime described In hection 648u. revUeU
statutes of the ITnlted States, but the facts
ciiarxed show - that the pretenueU con
N spiracy Into which It wa claimed tnee
., lenoantB ana tuners entered, was, 11 any
iiing, a substantive pait or tne ctime
winch these delendanta were charged con
i siiii-lmr tu uoinmlt. .
The facts slated In the Indictment do not
show a conspiracy to commit the acts de
nounced as entries by seo.lon u4M, leWsed
statutes of Hie United Status.
The indictment is Indefinite, uncertain
and contradictory,' and does not contain a
plain and direct slutement of the Crimea,
offenses or acta with which tne defendants
are charged.
The limuument falls to -charge that the
opening, or deln to open correspond! nc
by the United Mates mulls was an essen
tial part of the alleged conspiracy or
scheme of The' defendants.
The averintml as o the devising of any
fraudulent, sciieme alleged aga.nBt the de
fendants, If any there be,' wa a of recital
and not by dlreot statement, and there is
no charge whatever, except by Inference
or Implication, 1 that the defendants In
tended, as a -part ot the scneme charged,
to effect the same by ' opening corre
spondence through the postal establishment
of the United States, or that a design to
open such correspondence by means of the
postal establishment was a part of the al
leged scheme of design charged against
them, . .,. ' . .. 1 :
No Violation of Statutes.
The facts stated In the Indictment with
which these defendants are charged as con
spiring to do, would' not, If consummated,
constitute a .vlojatiun ot, section of the
revised 'statutes of'th United States, or
constitute the acta by said ict made a
crime. ... . " ....
It appears from the indictment mat tne
alleged h-tters 'peferred to were not writ
ten by any tf (he defendants to any of the
fiersons whom, It Is claimed. hre was In
tnt to defraud, nor by ani person whom
it is alleged "were intended to be defrauded
to the defend nntsy and - thi lndlctrmnt
shows that said letters coulo not have been
Included cvUhlu any- original scheme to de
fraud, , and . that tli Writing or mailing- of
said letter did net constitute any of the
overt acts required tr bo done In order to
enubje, the government to maintain this
prosecution. . V
No8veuijOJt in pursuance .01 mt aWU
leged lonspiiacjwurfu anegea :ut m maici
nielit,' 1 , , ' ,
Tha facts' in the said pretended Indict
ment stated do .riot show that, the de
fendants have committed any crime.
The Indictment seeks- to charge these de
fendants with conspiracy to commit a
crime of which a conspiracy would be an
essential part, eadlhe facts alleged with
reference to a pretended conspiracy by
these defendant and others. If true, would
not constitute a conspiracy to violate any
of the laws ot the United States and would
not constitute conspiracy to violate sec
tion mm) of the revised statutes of the
United States.- r-
Saloon
Hearing? Held.
In the district court yesterday aternoon
Judge Green had" before him the hearing
of the lx falowntnen of Neola, charged
with being tncontetfint of court In that
they. It 1 alleged, sold liquor In violation
of the Iowa mulct law after an Injunction
had been, bwued against them. Th com
plaint on 'which tli aloon men wr
haled .' Into court' vu worn to by th
wife of a P. William, city marshal of
Neola. ' Tha testimony of a large number
of witnesses Was taken and at the close
of the hearing Jud O-een took hi de
cision ' under advisement until Monday.
l BealiKatato Traaafara,
Ths transfers war reported to Th Bee
December 11, by the Pottawattamie County
Abstract company of Council Biurrs:
David W. Leonard, single, to Joseph
11 Tenant. aw4 swVi. neU. aw1 and
nV4 nw. lVTe-88, q. c. d $10,000
Joeephill. Leonard, single, to David
,ir , ... 1a anil wU mnA '
sft nwH H-li-38, q. o. d 10,000
Charles E. Ruckl and wife to Arthur
K. Slmonsn. se4 wK. 18-77-40, w. d. 6,000
Treasurer to William Arnd, lot I, block
IS, Havllss & Painter's add. to Coun
cil Bluffs, tax d
Same to J, P. Greenshlelda, lot 4, block
1 Perry's 2d add. to Council Bluffs,
tax d
Total, five transfers 126,004
Marriage Licenses.
License to wed were Issued yesterday to
the following .
Name and Resldonce. Age.
Deorae M. Turner, Omaha 21
Lydia M. Hasik, Omaha v.. 18
William Halle, Cincinnati, 0 22
Ora Wroth. Omaha 23
K. P. Tlngley. Omaha 47
Daisy Ware South-Omaha 30
rF YOU ARE CURABLE
WE CAN CURE YOU
AVERAGE TIME T&CURE
Rri-TD On VUI
. v. HYPMUCBI.K On Vim ,
ViirKtx-BLiOne vim
Ctkct. -I0ly
CsHCZH w '
CAttnnn 3 P
koi.xT. Etc '
rnoiTia w !'
PlLXI (to & !!
Drain u SO
JOIlic Hour S to 9 0ir
Aimi Write lofluy to
GERMAN DOCTORS
- tlala muu nruw.
THE FASHION
n.t" th reputation for doing first class
Ladles Tailoring and Fitting. You can al
ways tell our garment by their line and
style. Whan you a Ihem If they ar
mad to order or ready to wear, we guar
antee, If you try u, to glv you the bt
tit, up-to-dat stylt. 'at very reasonable
, price. Ws do all kinds et alterations also
Open Evenings Till 9 P. M.
. 33 South' Main Street
TIDING 3, GENTLEMEN
At My Mw Location, 10t4 Bouts. Mala.
. I am now iieiv4 in uu ursi class taut
log. give yuu the best Roods, best tyl
L Vest materials, best, workmanship and t
test vaiues - Lot tne ink juu a suit
I am now piei.eq 10 no iirsi Class tailor
tyleia.
the
of
clothes. If It does not piovs satisfactory.
It my suiu
Lukegord, The Tailor
LJ'WJ I'"L'I17
1 MA
AJf?T
till S
as. wr Li
Council Bluffs
Milk Ordinance
Up to the Court
Judge Snyder Must Decide on Merits
of the Fight for Pure
Article.
The question of the validity of the pure
milk ordinance requiring dairymen and
dealers of milk to take rut a lfcenie Is
now up to Judge Snyder of the superior
court to determine. The ase against
J. W. Taylor, one of the dairymen
charged with selling milk without a
license was submitted Saturday to Judge
Snyder. This Is a test case and Taylor
In backed by the Dairymen's association.
At the coneluslon of the arguments Judge
Snyder took his decision under advisement
and will hand down hlu ruling Monday
morning.
The case was submitted on an agreed
statement of facts. Attorney J. J.
Stewart counsel for the Dairymen's as
sociation admitted all the facts set forth
In the Information filed by City Solicitor
Klmhall with the exception that the de
fendant was Unlawfully selling milk.
Attorney Stewart In his argument ad
mitted that the municipality had the right
under the police laws to take measures to
Insure the health of Its citliens. but he
contended that under the Iowa laws a
license could not be Imposed by a muni
cipality except where the law specifically
stated that a city co.ild compel cer
tain trades and professions to take
nut a license. The statute, he said,
did not Include milk dealers or dairymen
as occupations that a city could license
and therefore the requirement under the
ordinance of a license was illegal.'
"If a license can bo Imposed on dairy
men when they nre not specifically named
by the statutes us people whom the city
can compel to take out a license, what la
there to prevent the city from compelling
newspaper reporters, grocerymen or any
one from taking out a license?" Attorney
Stewart asked. Mr. Stewart said If the
court ruled against him he would appeal
the case.
LODGES HOLD THEIR ELECTION
Officer Selected at Annual Meetings
of the Year.
The following lodges and organizations
held their annua' election of officers dur
ing the last week: .
St. Albans Lodge, No. (t. Knights of
Pythias Chancellor oommandar. O. M.
Jensen; vice chancellor. Dr. O. Riccard;
prelate, J. O. Hollenbeck; master of work,
W. Ai Brockle; keeper of records and seal,
Edwin J. Abbott; master of finance, C. A.
Tibblts: master of exchequer, A. C. Law;
master-at-ai ms, B. A. Beaumont; Inner
Kuard. Poter Nelson: outer guard, E. C,
Hammack; trustee for three-year term.
Rav Cook.
Concordia Lodge, No. 62. Knights of
Pythias Chanctllor commander, w. H.
Barghausen: vice chancellor. Henry Haar
man; prelate, S. J. Bradford; master of
work, F. E. Marlowe; keeper of records
and seal. H O. Thomas: master or finance
Brandt Crocker; master of exchequer, Dr.
J. At. McRoberts: rr.aster-at-arms, H. V.
Ross; Inner guard; F. B. Hatch; outer
guard, M. R. Bates; trustee, Clem F. Kim
ball. Council Camp, Woodmen of the World-
Consul commander. Charles H. tirtm; aa
vlser, W. C. Smith; escort, L. R. Ogden;
banker, A. C. Lane; clerk, Dell O. Morgan;
secretary. C. M. . Maynard; watchman,
Fred Haenen; sentry, J. F. Eaklp; musi
cian Frank Klger.
Evergreen Camp, Royal Neighbors of
America Oraole, Mrs. Alice McAdams;
vice oracle,. Mrs. Emma Frlcke; chancellor,
Mrs. Anna- Ward; recorder, Mrs. Mary
Schicketanz; receiver, Mrs. Mary Keller;
marshal, Mrs. .Emma Thomas; Inner sen
tinel. Mrs. Sarah Simpson; outer sentinel
Miss Cornllla Men ell, managers, Mrs.
Mary Butler, Miss Margaret Thornton.
'John Hubs Castle. Royal Highlander
Illustrious protector, Frank Elgan; chief
counselor, Mrs. Stella Sklpton; worthy
evangel, Mrs. Fannie Collins; secretary-
treasurer, Mrs. Laura J. Meneray; warden
H. B. Thomas; sentry, Charles Hlnkl
member board of managers, Dabney Ham
llton.
Woman Relief Corps President, Mrs,
Esther Spencer; senior vice president, Mrs.
Mary Warren j Junior vice president, Mrs,
Martha Roper; treasurer, Mrs. Eva Over
meyer; chaplain, M try .Abbott; conductor,
Mrs. Belle Marks: guard, Emma Miles
delegate, Mrs. Augusta Cook; alternate,
Favorite Weatherby
Counoil Blurts Lodge, Brotherhood of
Railway Trainmen President, J. T. La fi
ning; vice president, A. W. Lamb; secre
tt'iy, O. E. N011 is; treasurer, A. W,
Dennis.
Ladies' Auxiliary of Brotherhood of
Railway Trainmen Past preBldenr, Cora
Piel; president. Ala.tlo Li.nnlnir; vice pres
ident, Minnie Quackenboss; secretary,
Mary Montgomery; treasurer, Emma Ben
nls; conductor, Maude 'Hunt; chaplain,
Catherine Burnes- warden. Myrtle Snyder;
Inner guard, Isabella Snyder; musician,
Carrie Johnson,
Be Want Ads are Business Booster.
ODD FELLOWS' ANNIVERSARY
Grand Warden of Iowa Attend
Fortieth Year Celebration,
Hawkeye lodge No. 184, Independent Or
der of Odd Fellow, oelebrated the fortieth
anniversary of Its organization Friday
night with an entertainment and banquet
at which 160 members of the order were
present. The banquet was served by the
wive and daughter ot th members of the
lodge. Stymeat Stevenson, grand warden
of Iowa, officiated as toastmaster. Be
tween the talk tha Elks quartet entertained-
with a number of selections. Ad
dresses were made a follow:
"The Inception of Hawkeye Lodge No.
184," Brother J. F. Spare, secretary Hawk
eye lodge No. 184.
"Hawkeye Lodge as I Know It," Brother
R. N. Wykoff, Hawkeye lodge 1H4.
"Council Bluffs Lodge No. 49, Father of
Odd Fellowship In Council Bluffs," Brother
C. A. Chapman. Council Bluffs lodge No. 49.
. "Is the World Benefited by Odd Fellow
ship?" Brother C. O. Saunders, Park City
lodKe No. 60ii.
"Patriarchal Branch of th Order," Pa
triarch H. O. Maxwell, Twin Brother en
campment No. 42.
"Odd Fellowship In General," Brother D.
B. Uunn of Red Oak, grand master of Iowa.
Remarks. Brother N. Jasper Jones, of
Shelby, past grand master of Iowa.
Tha member of Council camp, Woodmen
ot the World, and Palm grove. Woodmen
Circle, held a reception and banquet Friday
evening In honor of John W. Oeiger, state
manager for th order for Iowa, Minne
sota. North and South Dakota, who re
cently moved his headquarters and resi
dence from Cedar Rapids to Council Bluffs.
Mayor Maloney extended Mr. Qelger a
welcome on behalf of the city, and toasts
were responded to by Captain C. H. Gra
ham. Dr. P. J. Montgomery, vt . J. Lauter-
wasser, Mr. W. B. Rue, Mrs. Frank Hitch
cock and other. Dancing brought the fes
tivities of the evening to a close.
N. Y. Plumbing Co. Tel.,S0. Nbrht. X-1701
Coal Man Fall la Winter.
R. B. Wallace was yesterday appointed
by Judge Snyder of . the superior court re
ceiver for the coal business of Edwin
Steepy. Mr. Wallace's bond wa fixed at
11000. The assets at said to be about
11,600 with liabilities of . somt thin over
II 000. The application for th appointment
of a receiver wa made by R. tl. Wallace
a executor of the estate of th lata W.
W. Wallace to which Steepy 'Is indebted
for rent. Mr. Ktepy bus been rvitously III
for some tlmo and hi stepson,' II, B
Thomas, has had the management of th
business and Will rontlnu to do ao under
th receivership.
Special value, solitaire, diamond rings,
choice selected stones, 533 to fM, at Lef
fert', 50J Broadway. Nw location.
Iowa
LAW VIOLATED, SAYS UNION
Electrical Workers Make Inspection
of State Trolley Lines.
NEW RULES FOR COLLEGE GIRLS
Co-eds at Drake Heeentfal Because
of Herniation Prescribing: N um
ber of taller They May
Hare.
(From a Staff correspondent)
DES MOINES, Dee. 12. (Special.) An
organization of the brotherhood of elec
trical Workers has entered the state ot
Iowa with a view to enforcing better ob
servance of state regulation regarding the
placing of electrical wires. The Board ot
Railroad Commissioners Last evening re
ceived a communication from R. E. Perrln,
special agent of th brotherhood. Indicat
ing that he has been on a tour of the state
Inspecting trolley line. He complain to
the board that the latter' regulations In
regard to the height of trolley wire In
Dta Moines are not enforced. On tha Fort
Dodge interrurban line he made measure
menu at thirty place and found the wires
wete from seventeen to nineteen f.et
above the rails and the state regulations
require twenty-four feet. Mr. Perrln will
visit other cities of the state and will In
slst on behalf ot the electrical workers
that the Law be lived up to. This is the
first time there has b?een any inspection
of the lnterurbans.
Viaduct Settlement Possible.
Mayor Maihls states that an effort will
be made to elfect a settlement ot all dif
feiences with property owners over the
amount of damages for the proposed Sev
enth street viaduct. The city makes ob
Jectlon to some of the awards made to
property owner, claiming they are too
high. But it Is now believed that a set
tlement can be effected and thus it will be
possible for Dea Moints to get started with
its first viaduct over railroad tracks.
toilette Ulrl Keseutful.
Rigid rule for the young women who
attend Drake university is causing a ruc
tion at that college. The new matron has
issued orders which include the following
to ail boarding house keeper and renters
of roms:
Bee that the girl do not have company
more than two evenings a week.
that the callers do not suvy later than
10; 30.
mat the girls inform their landladies
every time itiey go out In the evening
where they are going and with whom.
Reappointed Soldier Home Head.
Colonel C. C. Horton has been reap
pointed by the State Board ot Control to
be commandant of the state soldier' home
at Marshulliown. He has been in charge
nearly thirteen years, and the home has
grown Into on of the largest institutions
of the slate. .
Railroad Commerce Cases.
The following cases were filed in the
office of the iioaid of Railroad Commit
sloners during the week:
Chicago Great Western Railroad Com
pany against. Cora A. Edwards and Mrs.
Alice h.q wards, Belrnona; application for
right to conuemn lanu tor depot purposes.
ai. G. wyue, Ot Jloineg, aga.nsl Chi
cago, Burlington & Qplncy Ranroad Com
pany; cotnpiturit legutuing loss lu transit.
R. O. Oamble, 11 coin, against Chicago,
Burlington Ai'Viulncy Rauroa'd Company;
complaint regarding drainage on public
Highway. ., . .
M. Strlegel et al. against Chicago, Rock
Island & Pacific Railway Company; com
plaint concerning condition of stock yards
at Harper, Keota and West Chester.
E. M. Bourne, W iota, against Chicago,
Rock Island & Pacific Railway Company;
complaint regarding routing ot car of em
igrant movables.
H. K. Uroubech, Jewell, against Chicago
& Northwestern Railway Company: com
plaint concerning station service at that
piace.
Lewis Morell. Colo, asralnst Chimin
Northwestern Railway Company; complaint
irgaiuing lacs, or iaciimes at stock yar
L. C. Deets et al., Des Moines, agai
( ' v, 1 . . .-. , - i , - ,, . 1 1 1 , , , .
rds.
I ni.1
nicago ureat western Railroad Company;
complaint regarding station service at At
ton Junction.
Chittenden Eastman Comnanv Tlnr.
Ilngton; application for. reduced rating in
Cases Closed Daring ' Week.
The following cases were closed during
the same week:
New htate Telephone Company, Sioux
City, against Chicago & Northwestern
Railway Company; complaint concerning
luuure vi comuanv to install teiAnhon in
their station at Moorhead. Com IIAnv Iri-
LumDenana uommerc al r nh rumh.-
land, against Chicago, Burlino-ton & Quinjy
Railroud Company; complaint regarding
train service on the Cumhurknrl h
Upon the matter being taken un with tne
company byi the railroad commission a new
train schedule was installed, which wa
satisfactory to the complainants.
W. C. Rollins, Denlson, against Chicago
& Northwestern Railway Company; com
plaint concerning drainage. Company
agreed to remedy conditions complained of.
New State Telephone Company,. Sioux
City, against. Chicago & Northwestern
Railway Company; complaint concerning
failure of railway company to maintain a
telephone In Its station at Danbury. Rail
way company filed contract with complain
ant for maintenanace ot a telephone In 'he
depot at that place.
New State Telephone . Company, SIojx
City, against Chicago & Northwestern
Railway Company; complaint concerning
failure of railway company to Install a tel
ephone In depot at Whiting. Telephone was
Installed as requested.
New State Telephone Company, Sioux
City, against Chicago A Northwestern
H ul way Company; complaint concerning
maintenance of telephone in depot at Ma
pleton. Company agreed to maintain same
as required by law.
John Roach, Manson, against Chicago.
Rock Island & Pacific Railway Compa-.iy;
complaint concerning condition of private
crossings. Railroad company agreed to
maintains one crossing in good condition,
which Is all the statute requires.
' M. A. Hughltt. Gypsum, against Chicago
Great Western Railway Company and 1 1 1 1 f -
nois central Kailroad Company; complaint
regarding station service at that place.
Illinois Central, which controlled statl.m
agreed to remedy conditions complained of.
Leon Commercial Club, Leon, against
Chicago. Burllncton A Oulnev Rallimv
Company; complaint regarding station serv
ice at mat place, case closed upon request
of complainants.
Cltliens or Shannon City against Chicago
Great Western Railway Company; com
plaint regarding station service. Railroad
company agreed to remedy conditions com
plained of at once.
C. R. Bartlne. Zearlng, against Iowa Cen
tral Railroad Company; complaint concern
ing overcharge on shipment of household
goods. Investigation disclosed that no over
charge had been made.
Herman Frerlchs, Remaen, against Illi
nois Central Railroad Company; complaint
concerning failure to furnish grain doors,
and also as to Interstate rate on grain.
Complaint of excessive freight rat -va
founded on misapprehension, and grain
0
Money Dividends
Health Dividends
Which are best?
You might have both by
correcting your diet.
Try
Grape-Nufs
. "There's m Itraaon"
When "Doc"
What Happened in a little Town
to Murder a Man Bftloved of All
the Close of a Day of Work
MURDKR doesn't mean much to
A
you who live in the cities. Over
your coffee you open the morn-
lng paper and exolalm your
eye catch the biggest
blackest headline:
and
"My!
Somebody' killed Brown!"
"Is that so?"
"Tep stone dead on his doorstep.",
"T-t-t-t! Too bad. The police ought to
do something. One's life Isn't safe a
minute any more " Hut Just then Mary
comes In from the kitchen to tell you tnat shotgun wired to th stove In th corner,
the ash man didn't stop and the ash can the muaxle pointing toward th door. Tou
I running over, and you forgot Brown, can see th new pack-rope fastened to the
stone dead, on his doorstep. trigger and around th stovepipe and bed
But It Isn't like that In Our Town. nd th 00T- tneA In a series
nv win -TW Ah lost nlaht and Ingenlus knot and mooth running lip-
it wasn't at all like that
It was cold twenty-four below somebody
said so cold that you had to warm your
horse' bit so It wouldn't take the ok In
off his tongue this In the afternoon, too
and at night It, was worse. Tou could tell
by the way people's shoes squeaked on th
snow when Ihey came home from the
Presbyterian concert. You wondered If the
hydrant was going to freexe and alt tha
pipe burst,' and if it wouldn't be cheapor
to pay a plumber a salary than to hire
him by the "Job." since, he was ther
every day thawing pipes anyhow. But. be
fore you decide, you are asleep, and, pretty
soon. In your sleep vou hear a shot
muff led ominous somel ow you feel you
know the conviction creeps through your
drowsy brain that It hit something.
It wasn't at all like the- clear ringing
shots of exuberant "drunks" riding out of
town. It was dull, deadened, like shooting
Into a bnle of hsy. Is it Imagination, you
wonder. Maybe. It Isn't a gun flfrht, you
tell yourself, or there would be more shot
and voices. ' -Tou
listen wide awake now. It Is still
oh how still lh town Is. Then you hear daggering, falling, crawling, rising to fail
a sound like the strangling gronn of a againi he makes hi way toward th ho
dylng animal. Then a shriek. Ood! what pllai a trall ot beaming drops behind him
a shriek! It must have reached the sky.
Another, and another, like a man ncrea n
lng with his mouth wide open his brain
Incapable of forming words. Will thoj
never stopl The long, tremulous agony
of them nauseates you a little and you
find yourself shutting your hands tight.
Tou pull the shade from the roller trying
to raise It. Outside the shadows lie dark
along the fence across th street. The
sky looks cold, as though It were studdJd
with glittering points of Ice. There Is no
sign of life. Nothing. It la as though nil
tne worm were dead save the single human
being shrieking under the stars.
He is moving, you know, for the cries
grow farther away. They are fainter now,
dying; but before they ar gone you catch
the words, "Help, neighbors!" The weak,
appealing wall, the pathos of It, you will
remember always.
It Is still again, and you wait for the
sound of hurrying feet, of excited votcjs.
But the stillness continues,' all Is as be-
fore, and after awhile you tell yourself
that It was probably a foot drunk letting
his fool gun go off in his fool pocket, and
taking himself to the hospital, having shot
himself In the heel or blown off his flngero.
There are no sounds, so yau, decide that
inia must d so, and go to steep.
In the monlng a tharp rap upon your
back door startle you. It Is a neighbor
woman, pale, her grey eyes wide1:' to 1th
horror.
"'Doc' Ash wa murdered last .AlKht,"
she says, and her voice breaks.
" 'Doc' Ash wan murdered last-'
you repeat stupidly.
"At midnight."
"At midnight," you echo, and the horror
In her eyes Is reflected In your own. ' "
It was "Doc" Ash, then, shrieking under
doors were promised by company Immedi
ately. A. E. Price, Van Wert, against Chicago,
Burlington & Julncy Railway Company;
complaint concerplng excessive rat on em
igrant movables. Incorrect rate quoted by
agent, for which mistake the company is
not liable.
J. E. Trotter, Des Moines, against Chi
cago, Rock Island A Pacific Railway Com.
pany;- complaint concerning delay in tran
sit of shipment of coal to Jamaica. Cause
of delay remedied and satisfactory expla
nation made by company.
National Petroleum Association, Cleve
land, against Chicago, Rock Island & Pa
cific Railway Company an dthe Chicago,
Burlington A Qulncy Railway Company;
complaint regarding the refusal of thise
companies to accept shipments of oil. Mat
ter was taken up with the comoaniea m.rl
satlFfactory adjustment made.
Randall Lumber Company, Ellsworth,
against Chicago A Northwestern Railway
Company; complaint with reference to de-
my in transit, on canoaa ot lumber. Ship
ment located by company and forwarded
at once.
Board decided complaint of Charles H.
Bradley et al. against American Express
Company et al., ordering respondent com
panies to extend their free delivery limits
in the city of Dubuque.
The board ordered hearings as follows:
December 14, Inspection trip on Newton
Northwestern.
December 15. condemnation proceedings In
Marlon county.
December 16. condemnation proceeding in
Montgomery county.
December 17, condemnation proceedings In
Jefferson county.
New Rule aa to Requisition.
Governor Hadley of Missouri ha made a
new rule which will cause trouble for Iowa
peace officer desiring to bring back from
Missouri persona said to be fugitives from
Icwa. He will require additional proof of
guilt In the form of an affidavit from the
covnty attorney and an affidavit from some
third pnrty, even where the accused person
Is under Indictment. This will cause much
delay In getting persons back from Mis
souri.
Shifting; Fair Superintendent.
The State Board of Agriculture assignee
the new members to department. Charle
Escher, Jr., take charge of the sheep am
poultry department and E. M. Wentworth
will look after public safety. Harold Pike
of Monona couity wa shifted from sheep
to cattle and therefore takes the placo long
held by Governor Packard.
liver Cup Remain. '
The silver cup which was won for Iowa
a'; the National Horticultural congress for
best display of apple remains In the office
of the secretary of the State- Horticultural
society. it was given the society by the
winner.
Armory Board Called.
Adjutant General Guy Logan ha called
the armory board to meet here on the 16th.
Thl board consists of Colonels E. E. Lucas,
L. J. Rowell, F. S. Holatelh, M. A. Tlnley
and T. J. Mahoney. Report from all com
panies In regard to the armories will be
received, and an effort will be mad to
bring all th guard armories of th state
up to a certain standard. Hereafter no
company will b organised without evidence
that an armory will be built,
Ara;aa la Behalf ot Murderer.
Charle E. Lyon, assistant attorney gen
eral, and John Mulvaney started to Wash
ington today to make an argument on Mon
day before th United Stat supreme court
Involving th liberty of Charts Thomas, a
young man serving a llf sentence for th
killing of Mabel Bcofleld In De Molne ten
year ago. It 1 claimed that the lava and
procedure In Iowa ar in contravention ot
Ash Died
When an Assassin Set a Trap
as He Entered His Home at
at ni Little Drug Store
the stars. It was "Doc" Ash crying "help,
neighbor." "Doc" Ash that sold you a
magaslne last evening. Tou feel again that
curious nausea
And the neighbor-woman with her teetn
chattering through nervbuenes. tell you
how It w and you see It described In her
direct, tinpretinlou way a though you
had been th'are.
The little tar-paper shack there It Is
through the window across that vacant
lot. A h talk you can ee th rusty
nooses, tied by. a hand that "ab" the
diamond hitch and th various knot pe
culiar to the mountain and range. And
thl bear-trap th kind hunter sometimes
place at bear-bait wa all In working or
der, waiting for "Doc" Ash's hand upon
the door-knob.
In your mind' eye you can see him
walking toward his tar-paper shack at
midnight, big, young, affabl alway,
happy In hi growing prosperity. Tou can
bear the squeaking of , his shoe upon the
path across the vacant lot. Tou can hear
him fumbling at the lock, the turning of
the door-knob, the pushing open of the
door to admit hi big body. Also you can
see the new pack-rope growing taut upon
the trigger, the slip nooses running per
fectly, the knots holding well.
He Is In the doorway, facing the musxle,
wondering perhap where h left th lamp.
He pushes the door a little wider and then,
simultaneous with th muffled rear of a
shotgun, fired Indoor, "Doc" Ash 1 wi lilt
ing in th mow outside, a hideous hoi In
his abdomen, the arteries and intestines
riddled with shot.
Somehow, someway, he get hi feet and
freezing to red globule In the snow.
And so, shrieking In his blind agony, he
make his way along the street until with
a last despairing "help, neighbors!" he
falls to rise no more.
"Heip, neighbors!" Is a cry which brings
a quick response In our town. Thl appeal
0f one human being to his kind finds
ready answer. Every difference I forgot-
ten when necessity call,
"Neff. from Iowa," ran barefooted
through the snow to lift his head. . "Old
man" Pulley wa there a oon, and
"Shorty" Allen, who never missed a fire
or fight in all his life.
They carried him quickly, gently, to the
hospital, but no human skill could catch
and tie the shattered arteries. The doctors
knew It Is the end; the pitying white-faced
neighbor know it la the end; and "Doc'
Ash know it I th end.
80, with a malediction upon hi lips tor
his unknown ene'my, and a last word tor
the girl he loves, "Doc", Ash slips away
to the other side.
And while. the town mourns, we wonder,
these of us given to wondering, what the
sensation of the roan may be, th man
who know so well how to set bear-traps
and tie th knot and.ntoose of the range?
Was he walling somewhere" last night.
bitter, vindictive, gloating for the ound
which would tell' hlra that hi bear-trap
nd worked without a hitch? Or was he
riding his smoking horse through gulches
anl draws to be far away? And when he
heard the news, when he learned that
"Doo'-' Ash had staggered screaming
through the snow with hi Intestines rid
dled, wa revenge a sweet aa he had an-
tlclpated? We wonder.
And that's how
CODY, Wyo.
murder' 1 In our town.
the federal constitution, and If the case Is
won some changes will be needed In Iowa
law.
Minister Leaves
Creditors Short
Rev. Mr. Long, Newcomer at Plain
field, Borrows Much Money
and Disappears.
PLAINFIELD, la., Dec. 12 (Speclal.)-
Wanted by. the Methodist Eplsoopal
I ehurch, Plalnfleld, la., a thoroughly dyed-
ln-the-wool, and good preacher. Must have
no past, and his backtrall must be clear
ot doubtful transactions. Above all else he
must pay his bills. None other need ap
ply." Th abova expresses the sentiment of the
congregation of the Plalnfleld Methodist
church, which Is at present nustorless,
having recently experienced, while they
slept, the departure of Rev. Mr. Long, who
his creditor say, took much with him
when he left that had not been paid for.
The appointee assigned to the Plalnfleld
charge at the recent conference, for some
unknown reason, did not com to take
charge. A few weeks later a Rev. W. M.
Long, carrying apparently satisfactory
credentials, but short of ready money, and
presentable clerical garb, applied to Dis
trict Superintendent Blssel for a pastor
ate. The Rev. Mr. Long said he came
from Missouri, where his credentials were
dated.
After consulting the trustee of the
Plalnfleld church. Dr. Blsscll, so it la al
leged, loaned the Rev. Mr. Long )2S that
he might Improve hi personal appearance
before presenting himself to the Plalnfleld
people.
This h did In due season, bringing with
him hi family, and all the Long were
duly Installed In the parsonage. Rev.
Mr. Long entered upon his work with
spiritual seal and enthusiasm, and so won
the people of his congregation that an In
crease In salary wa allowed without delay.
A few day ago Rev. Mr. Blssell , heard
disquieting report from southern Iowa,
which concerned one Rev. Mr. Long. Fol
lowing up the Investigation It was learned
that the Rev. Mr. Long ot southern Iowa,
had miked a number of people. Armed
with Information which It wa believed
wa authentic, Rev. Mr. Blssell sent Rev.
Fran'x Cole to Plalnfleld. He confronted
and accused Rev. Mr. Long of being the
Long of southern loa. Th latter at first
denied, attempted to establish an alibi, then
confessed. He promised to make good his
outstanding obligations and resign.
The following day the entlr Long fam
ily disappeared, taking- with thsm such
furnishing of th parsonage aa wer port
able. Their destination ha not yet been
ascertained, and it I rumored that officer
ar In March for th head of th family.
If h I found h will b returned to
Bremer county to answer charge for
fraudulent transactions.
Evsry mother should; know that Cham
bsrlaln Cough Remedy Li perfectly saf.
Iowa
BANKERS HIRE DETECTIVES
owa Crooks Too Smooth for Regular
Officials.
ROBBERIES BECOMUfO GENERAL
Ilellef Des Moines la Heine Md
Headquarters, with No On to
Prevent Graalte Trast
Inquiry,
(From a Staff Correspondent.)
PES MOINES, la., Dec. ll-tSpecIal
Telegram.) Owing to th frequency of
bank robberies In central Iowa this season
and the Inability of th official to get
even a clue to the persons responsible
therefor, bankers are said to be organ
ising to employ private detectives to tak
up th case. Th bank robbery at Car
lisle followed two other similar Jobs.
There Is evidence that the robber make
headquarter In Des Moln and that In
each Instan-o they have come direct to the
city after a bank robbery, but local offi
cials hav accomplished nothing.
Granite Man la Mat.
Ralph Webster, secretary ot a loeal com
pany engaged In handling marble and
granite, was ordered by the district court
placed In custody of the sheriff until he
will answer questions put to him by th
grand Jury. The grand Jury I Investigat
ing an altered trust among the dealers
and Webster refuse to make any state
ment on the ground that It would Incrim
inate him. After he had been admonished
by the court he still refused and was or
dered committed for contempt.
Prof. W. J. Bplllman, In charge of the
farm lands department of the agricultural
department at Washington, today gave
emphatic warning to Iowa people regarding
their farm methods at a conference with
the corn show. H declared, "Iowa farm
ers do not realise th crisis at hand in
farm management.
"low farmer err In the matter of crop
rotation.
"Iowa farmer should now raise more
clover than corn.
"Iowa farmtr should raise corn to feed
cattle, hogs and sheep, and not to sell.
"Iowa farmers are not Intensive enough."
' Collector In Trouble.
L. M. Connett, local freight collector for
the Burlington railroad, has been arrested
accused ot embezzlement of about 11,000,
It was found that he had been trying to
support a wife and family on $56 a month
and it was an Impossibility.
Jntnes Heme's Home Burned.
SOUTHAMPTON, L. I., Dec. 12.-The
home of the late James A. Herne, actor
and nlavwrlsht. was destroyed by fire earlv
today. Mrs. Catherine C Herne, the actor
I3UL.Y&
Wataitoi ,
i" nA ' bushel box of the beautiful Washington apples will
be given away each day, except Sunday, durinj the Corn
Exposition at the GTeat Northern Railway's Washington
nd Montana Exhibition Cars, located at 13th and Jones
' streets, Omaha. '
Register in the Great Northern Railway Exhibit in
the Corn Exposition, or at the cars and receive a number
entitling you to a chance in the drawing, which takes place
at the cars each day at 4 P. M., covering registration for the
preceding 24 hours. Cars open 9 A. M. to 7 P. M. J
These cars contain the finest and most interesting dis-
H play of "The Big Red Apples" and other fruits, grains and
grasses ever collected irom tne states or Montana ana w asn
ington. E. 0. LEEDY, Gen'l Immigration Agt, Great Northern Ey
' Chicago, HI.
The Red , Cross
Chri stmas Stamp
.'?:r4iT";-. -' ; ;v
' If'-, . . F " ' ' - f . J -!; .",. '. . 1 1", , u ' .jtt -,
17'
; '-v
This little sticker will be sold
ing the coming holiday season,
Where you can
Associated Charttl, 491 City Halt
Be Building. New Ittiil,
John Bath, Florist, Boyd Theater.
Ite Office, 11th and Tarnam.
llsstsn Drug Co., ltth and Farnam.
Criseey Pharmacy, I4th and Lake.
Mllten Darling, 1 1th and Farnam.
Donahue, Flerist, Farnam, II and 17.
Mr Flnley. New Terk Llf Bldg. 111.
Haines Drug Store, Farnam near 16th.
Kllpatrtck's "tore. If th end Douglas.
Llilputlan Ftasaar, 1111 t txnam.
Matthews Beek Btor. 1 6 Hi. near Doug.
Miltsn Rrs, llt.i and Farnam.
Mrsrs-Dlllsn Drug Co., llth and Farnam
Tn Cent (tore, Mr. Doslsy, llth near
Deugla.
Owl Drug Co., llth and Howard.
Flsl Drug ('.. llth and Farnam.
Mr. Wa Barry, 1114 N. llth St., Booth
Omaha.
iJVK.V. .:.i".;.-'rr.l-i' r-;'1:
Put a Red Cross stamp on
every Christmas package
widow, and her son, "Jack" Herns, with
the servants got out without 'nJ,ir)r,t
saved few of their effect. Loss, M000..
SUDDEN DEATH OF PIONEER
Georae II. West, r. of Kmsaet
County Found Dead br "Id
f Road.
ESTHER VILLE, la., Pee. II. (Special.)
Oeorge It. West, sr., a pioneer resident of
Emmet county, wa found dead by th
roadside yesterday. West hitched a team
to a sled and started to Esthervtlle. When
about a half mile from home. In order
to avoid the rough road,' he turned to the
side where about a foot of water had
froien over.. Thl hot being strong enough
to bear up the horse, they broke through
and became entangled In the harness. Mr.
West unhitched on horae and It wnt
back home, but th other he never Un
hitched, as he was found with on foot
broken through the lee, where' he had
fallen backward. It I thought that either
heart failure or the bursting ot a blood
vessel castd his death, a the doctor found
no scratch or bruise pn hi body. Mr.
West w 73 year of are at th Urn ot
his death and ha lived; In Emmet cdunty
forty-three year, having homeateaded hi
farm, which I three and one-half mile
east of the city, and he ha lived on th
same place all these year. Seven boy,
Robert J., George H. Jr.; William J.,
Francis L., Joseph 8.', Charlea KJ and
Thomas E. and five girls, Lillian, Flaiel,
Anna, Mr. Marl Leo and Mr. Irwin and
hi wit survive.
Keep Chamberlain s l.Tntment on hand.
It Is an antlseptla liniment and causes
wounds to heal In less Urn than by any
other treatment. ' .
TEAL CASE IS DISMISSED
Woman Cbared with Subornation In
Gould 'Divorce Bait
Freed.
NEW YORK. Dee. 11 The Indictment
against Mr. Ben Teal, wife of the stage
manager for subornation of perjury In
connection with the suit of Mrs. Frank J.
Gould', against her husband tor dlvoroe,
was formally dismissed In th court here
today.
Th court of appeal recently reverssd
the conviction of Mrs. Tal and expressed
the dlotum that she should never have
been indicted. The court of appeal ruled
that Mr. Teal could not have been guilty
of the crime with which she wa charged,
for the reason that th evidence which she
was alleged to have sought to secure wa
Immaterial and wa not admitted at the
divorce trial. . ('
Mr. Teal had already spent ten months
of her year's sentence In BlackwelV Island
prison. '
A Bnrnlnr Hhamo
I not to have Bucklen's Arnica Salve to
cure burns, sores, piles, cuts, wound and
ulcer. 26o. For sale by Beaton Drug Co.
' ; f ' 'i'Ki
; ,
all over the United States dur
for tuberculosis prevention.
buy the stamps: y
Stewart Sssd Str. llth. near Capitol
A. ... - K ,
Thempaon-Belden, llth and FIowardL ',
T. M. C. A., lTth and Hamsy. , ,1
T. W. C. A.. 17th and Howard. ,
Glnter, Dundee Drug Ster. - V
ftrndl Store, llth and Douglas.
Bennett Co., llth r.d Harney. -Brown'
Jewelry Store, llth nar Far'
nm.
William A Smith. Frnam, llth and 18th
Sherman A McCannell, llth and Dedg.
Hwlt Drug Ster. yoyal Hotel.
Phrsder Drug C , Uth and Chicago.
Shradr, ltth and Douglas.
Megeath, llth and Farnam. S. Kflhn,
Pry, Iltlv near Heaard.
fiommsr Bros., Orocary.
Wlch Orery.
Butt Bros.. OnuWy.
Wllk AMltehsll, Grocery.