The Omaha Daily Bee
Circulation Bocks
Open to Any Advertiser
EDITORIAL
PAGU TO 11
VOI XXXIX -X. 130.
OMAIIA, THURSDAY MORNING, DECEMBER 16, 1900.
SINGLE COPY TWO CENTS.
.ir
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24th and L Sis.,
SOUTH OMAIIA.
IfiLiipee
mice
(
"N
Sells FuiroitOBre 20 Below Orraatia Prices
We have just purchased for cash a large amount of high grade furniture, and while the manufac
turers announce an advance of 10 in the prices for 1910, we can offer these goods for the next 30
days at much below former prices.
A. Large Line ofi UseSol MolicSay Presents
Spring styles in rugs for 1910 now in. Come see our complete line of Lowell Wiltons in all sizes.
vxii Brussels ruigs - - -9x12
Velvet Rugs - - - -9x12
Axminster Rugs - - -
X . - ...v
r:.
P - . -; J
7fi
4
."7
SOLID OAK
DRESSER.
Combination Book Case and
Writing Desk; tL ntZ
Empire finish. . . V v v
... $6.50
-"! !.; '' Tk.
S3 ,8 Sanitary sPrinffs 375
Solid Oak 321.00
Buffet........'.
$14
High grade Steel Range
like cut-
4 hole ... 522.50
6-hol $24.50
Stores sold on payments.
c '.a j
$21.00 Princess Dresser
like cat; solid
oak polish. . . .
$28.00 Sewing Machine, like
cut solid oak IT H Cll
case.
.$12i
Well made, full sixe
Steel Couch
$2.90
Thirty styles of Library
Tbles; from $4.50 JQ
y3 below former prices.
ETT1
me FiireiSiire
Company
rrrnirn
Finely finished, full size Brass
24th and L Sts., .South. Omaha:r.,. $7.50 $12.50
TIME SAVER FOR COURTS
;.-. . -
Rule of One Judge to Assign Case.
May Be Adopted.
LAWYERS ARE DEMANDING IT
liar It Will 8t Tim ud Hour for
TkeM mnd Their Clleata fcr Ex
pedltla tka CItII
Th ueren Judcea of ttie district court
cvurt of the Fourth , Judicial district
Troup. Estella. Lay. Kennedy. Bears, Sut
ton and Redlck will, it la ballaved. put
Into offset the first of tha year a new
rale for assigning olvll cases In response
to a loud clamor by lawyers. This ruls
Is to have one judge selected, who shall
assign tb case every morning. The
judges ar favorably considering the mat
ter and may adopt It January L
A, prominent attorney, discussing the
abuse of tha present system of every
Ju la-e, assigning oaaea and the advantages
6i the proposed rule, says:
"The practlc haa been for each of the
seven judges to assign cases and It has
coat lawyers no end of time, time wasted,
I mean. For lnstauca I have a case com
ing up In Judge Troup's court, another In
Judge Sutton's court, another In Judge
Kennedy's court and so on, possibly a
case In avery Judge's court on the same
day. 'I go to Judge Troup's court first,
we shall eay. and report for my case. It
la fixed for trial. Then I hasten over
to Judge Kennedy's court. I am told 1
am too late, the case has been struck oft
and maybe the Judge Is offended. 'But
I couldn't help It, your honor, 1 had a
case in Judga Troup's court on which I
waa obliged to attend.'
Gets No Comfort.
" 'No matter, that's not my lookout, the
cage Is struck off.'
"Well, then I rush to Judge Sutton's
court and meet the earns thing I did
In Judge Kennedy's court. Tut reault la
a great luss of time, for I have to keep
running the gauntlet of those courts until
I get to each one on time to have roy
case fixed. It may take me a week. Tha
loss, of lime means unpleasant feelings be
tween ine and the court, loss of time
and that Is mono to roe), and a gros
Injustice to my cHtnt.
The new rule which has been In vogue
In other cities for years will help the
court as well as the lawyers and litigants.
It wljl enable the presiding Judge to keep
tab on the lawyer dlspesed to be dilatory.
When such a lawyer comes in after his
case is called and tells a Judge he ha
been detained In another court the presiding
Judge may Just run his eye down his list
of casea and see for himself.
"Under tha new system the Judges will
meet every morning and the presiding
Judge will assign all casea The lawyers
know they have no other Judge to go
before and hence be and they can make
time."
Money to Bury
Old Red Cloud
Two Hundred Dollars Brought from
Washington by Major Brennan
of Pine Ridge.
'Red Cloud, Sioux Indian warrior, who
died last week on the Pine Ridge agency,
will be burled according to the ritual of
the paleface and not above ground as ht
requested," said Major John R. Brennan,
Indian agent at Pine Ridge, 8. D.
Major Brennan Is stopping at tha Paxton
and la enroute to the agency from Wash
ington, D. C, whence he was summoned
owing to the death of the old warrior. The
agent has an appropriation of 1300 from the
government to defray the funeral expenses
of Red Cloud. '
"The old Indian was 87 years of age,
added Major Brennan. "For four years,
however, he showed signs of falling health
and was faet losing the senses of sight and
hearing. He leaves one son. Jack Red
Cloud, who Insists that his . warrior father
be burled Indian fashion above ground, but
this method la no longer permitted on the
agencies."
Major Brennan haa supervision over 7.XW
redskins on tha Pine Ridge arency. Most
of these are Ogallala Sioux, Cheyenncs and
Brulea.
1 m Tin for Sapper.
"Vadama." shreked tho ex ited Individ
ual, "your husband haa been hurt and they
are bringing him home In an ambulance
now."
"Are his Injuries fatal?" asked the wife.
"No: but his leg la broken."
"Well," replied the woman, "this Is ens
night I suppose that he will be home to
supper on time. ueirou rreo -rea.
Each cf tha chief or
gans of the body is
link in tha Chain of
Life. A chain is no
ttroager than its
weakest link, tha body
no stronger than its
weakest organ. If there is weakness of stomach, liver or lungs, there is
weak link in the chain of life which may snap at any time. Often this so-called
weakness" is csused by lack of autritioa, the result of weakness or disease
of the stomach and other organs of digestion and nutrition. Diseases and
weaknesses of the stomach and its allied organs are cured by the Be of Dr.
Pieroo's Golden Medieal Disoovery. When the weak or diseased stoanach is
eured, diseases of other organs which utm remote from the stomach but which
have tbetr origin in a diseased condition of the stomach and
other organs ol digestion and nutrition, are cured
TAe ttmmi mam ham tfmi Btmmmtk.
re r.e aver rrtfrnrntrnd "Ofaeor.
cry" aaaT yon mar maw m afroag areas,
aca am m a from ,
Oivwm Avar. Dr. Pierce's Commoe Sense Medioal Adviser,
new revised Edition, is teat frt on receipt of stamps to pay '
expense of mailing . Scad 21 one-cent stars? for the
book in paper covers, or 31 stamps for the ctorti-boond vol-
Address Dr. K. V. Pierce. Buffalo, N. I.
TRA1X IS BITCH, SO DEATHS
Milwaukee is - Derailed, but Saves
Every life in Charge.
THIRTEEN ARE SLIGHTLY HURT
Broken Rail la Believed to Have
Caused the Accident, Which Oc
enrreel Rear Town of
BnaTley, Iowa.
H
Train No. 7 on the Chicago. Milwaukee
A St Paul,' westbound, went Into tbe dltcn
near Barley. Ia., at 6 o'clock.
The local Milwaukee offices were soon in
touch with the situation and received direct
information that not a life was i. St, e ther
of a trainman or a rarsenrer, and that njt
a passenger was seriously injured and not
a trainman even slightly hurt. Thirteen
passengers were injured and that nai the
extent of the casualties. Six cars were d -railed
with the mtr tank of the e.iilne.
The rails were repaired and the train pi.
back within four hours. ,
This list of injured was given out by the
Omaha office:
B. F. Stover. Ashley, 8. D.. back Injured.
Ray Lease, Glenbara, 8. D., bruiaed cn
body.
Mrs. Ray Lease, Qlenham, S. LX, left
side and right leg Injured.
Mrs. M. B. West, Vermilion. & D head
and shoulders bruised.
J. W. Newman,' Eilendale. N. D., back
Injured.
O. U. Ahleri, Desmet, S. D., knee Injured.
L. C. Parker, Dea Moines, la., right hip
Injured.
Mloa Ruth Cornish, Ellwood. Ia., left hip
Injured.
O. W. Carpentet, Coon Rapids. Ia., Uf;
aide and right wrist injured.-
P. J. Correy, Portsmouth, Ia., chest and
left hip Injured.
J. E. Ohellngcr, Portsmouth, Ia.. legs and
hips bruised. '
Mrs. Ian Curler, Perry, Ia., h.ad. ;f.
shoulder and anklee Injured.
Mrs. James Roane, Yankton, S. D., rUht
aide bruised.
Ths cause of the accident la not defi
nitely known, but Is believed to have been
a broken rail. The ditching cf all the can
is taken as Indicating this.
This train Is a local that leaves Chicago
two hours ahead of the Milwaukee's Over
land Limited and Is due In Omahe at 30
a. m. It does the local work for the Li.n
ited. Tha Limited got Into Omaha on this
trip Just one hour late., which Is regarded
as very good since It had to take up t.,e
local traffic of the derailed train, w.u.loi
was abandoned at Manilla, Ia., tins point
where the Milwaukee diverts on Its Sioux
City route.
police station and asked concerning , his
wife. He was Informed she was not badly
hurt and was requested to come to the
station. He paid he, would, but has failed
to do so. Officers vrsited the home several
times during the night, but could get no
trace of him.
Client Puts
His Attorney
to the Bad
South Omaha Ian Insists Ed P. Smith
Run a Case as He Wanted
it Done.
James fivtf (ck 'kron s how to conduct a
lawBult belter ttan Attorney E. P. Smith
cr Sveairk thought he did. Wherefore a
suit In district court wnicli Sva-lck s oj1
to win came to an abrupt end. SvSSck is
now hunting a new lawyer. H wotld have
some difficulty in je.tlns a betier cne Man
Mr. Sn.iUi in the first place, and perhaps
some difficulty in getting one at all -when
the facts are known.
Evesick was plaintiff in a damage suit In
district court against Pvl.'t ft Co. for Si.000.
) Ho is a painter and as hurt l i fal lie
'from an alleged defective lalde He ai
j serted negligence on the part of the com-
pany and attorneys fcr defendant assert-U
I assumption cf risk by 7vea!ck. The com
pany's attorneys entered a motion for di
rection cf a verdict on this ground and tr.e
point was arzued. Thanks to K. P. Srnlta'a
argument Judge Day was about to over
rule this and the case would have gone to
the Jury.
' Now Sveaick had always thought It a
great point In his favor that the foreman
who gre blm the ladder and to whom ha
coir.pla.ned of It. was drunk, as Svesick
says, at the time. SveUck could not sea
thai lntcxicatlon of the "foreman would
have relieved the company of reaponslbiilty
fur the furnishing of a dafec tve tool.
He Insisted tntt Smlvn a nlm about
the foreman's condition. N.t wUhing to
obliterate i.ia own case then and there Mr.
Smith naturally refused.
Thereupon attorney and client parted
company fcr all time and the case was d s
mlsaed without prejudice.
OLD WOUND FATAL TO WOMAN
Clocks lt:.ZEit ltth end Dodge.
THINK MAN SLUGGED HIS WIFE
Police Believe Mrs. I.ydla , Kerner'a
Own Hnaband Wae Mer
Aaaallant. '
The police are seeking the husband of
Mrs. Lydla Kerner, VJO Cuming street, as
being the assailant )t the woman, who
waa slugged Just outside bar home Tuesday
night and who waa quite badly injured
about the head.
Tha first report received by the police
waa that some footpad bad held up tha
woman and attempted to rob her, but de
velopments Ud the police to the eonelu-sic-
that the husband, following a quarrel
with his wife earlier In the evening, had
attacked her.
, Late Tuesday night Kerner called up the
Mrs. Lottie Whitney Found Dead in
Federal Building Office.
WAS VICTIM OF FORMER HUSBAND
PHILIPS CLASS HAS FEAST
Bnaday School Organisation Earned
fer Admiral Enjoys Lit
tle Social.
The Jchn Wocdward PhUipe class of the
1 Castellar Street Presbyterian church en-
Joyed a banquet Tuesday eventr.s This
claaa derives Its name from Rear Admiral
Philips, U. 8. one of the heroes of
Saoilarek
Toasts and rhort talks were given by P.
W. Kleser, B. A. Wilcox. R. E. F.sklldeon.
H. F. Kleser. J. P. Eaklldson, R H. House
man Thoae preeent were Arthur Peterson,
Otto Smith, Clarence Waaberg. Clarence
Dahlqulat. Herbert Schrleber, Robert Carl
son, Clarence Elsaeser, Arthur Smith. Rob
ert McClurg, Carl Haarman, Harry Ham
mer, Paul Kleser. Henry Oraaer, R. A.'
Wlleox. Henry Kleser, Rev. Houseman,
Dr. Eakildson. 1. P. Eskildson. Clarence
Kosencjulat. Otto Smith, Alfred Johnson,
Frank Suehy. Alvln Kleser, Walter Krelle,
J. P. Uelasiar.
Body of rkamonan, Who Waa Shot
Two Years Ago, Discovered In
Office of Colonel B. H.
Barrovra. "
Mrs. Lottie Whitney, a charwoman em
ployed on the second floor of the federal
tuilding, was found dead in the private
office of Colonel B. H. Barrows, custo
dian of the postoffico bul'dln.?. at :U
this morning by John H. Saunders, Janitor.
Her death Is thought to be due to the
effects of a gunshot wound two years old.
Mrs. Whitne-y was lying on her face with
a feather duMer In one hand and a duatln.;
elQth In the other. She had evidently Just
besan dusting the room, when she was
overcome. Blond was ooilng from her
mouth when discovered.
Saunder at once called cnief Engineer
W. H. Bridges and Superintendent Boone
Kelley. who took chsrge of the body and
notified the coroner. The body was then
removed to the coroner a establishment.
Mrs. Whitney lived at XK North Thir
tieth street, and had been employed at
the postoffice building since 1906. She was
about 50 years of age. She Is survived by
her huxband and two daughtera, Mrs.
Frank Mahoney, 504 North Sixteenth street,
and anoth-r daughter in Shenandoah, Ia.
Mrs. Whitney was shot by her former
husband, a man named Morrow, two years
ago last Thanksgiving, while ha was In a
drunken frenxy. He demanded of her to
prepare him a good Thanksgiving dinner.
She agreed to do so If he would furnish the
money. Thtn he find at her, wounding
her In the shoulder. She was In a hos
pital for several weeks from her wound
and again returned to work. Morrow was
srres'.eel and stnterced to the penitentiary
for three years for attempted murder.
Subsequently Mrs. Morrow brought suit
against one of the saloonlsts of Omaha
fur furnishing her husband liquor.
Upon Morrow btlng convicted Mrs. Mor
row waa divorced from him and in April
lqet marrlfd Charles Whitney.
was all right. But since then the supreme
court has ruled on a similar case and ad
versely to the position of the d'strlot court,
according to the assertion of the attorneys
for the heirs.
Receiver Will
Be Asked for
Theater Property
j
Petition of United Company Reoites
that Burwood Management De
faulted in Rentals.
The Burwood theater caas haa finally
reached -the United State circuit court,
belnff transferred from the district cour
of Douglas county. The title of the case I
Bruno O. Ells and E. L. Johnson, under
the firm name of Bill A Johnson, against
the United Theater company.
The petition aaka for a restrVnlng order
to prevent the defendants or thlr agents
from Interfering with the possesion of
the. Burwood theater premises, as now
leased and controlled by the plaintiffs.
In the meanwhile the United Theaters
company haa given notification of Its In
tention to file a cross petition In the United
States circuit court The substance of
this petition la that Blls & Johnson are In
adverse possesion of the property through
their ftllure to comtly with the terms of
the contract of the lease entered Into with
the United Theaters company.
These condltljna we,re that on June L.
1900. the United Theaters company, a
owners of the leasehold from W. J. Bur
gees and O. D. Woodward, entered Into a
contract with Blls ft Johnson to sell all
rights, title and Interest In the Burwood
theater for a certain sum, and that Bill
At Johnson executed and delivered to the
United Theaters company forty promis
sory notea of 11.000 each. The notea ma
turing August I, and September 1, have
been paid, but no more have been paid,
and It la recited Bill & Johnson have also
defaulted In rentala untU there now re
mains due to the United Theaters company
$40,596.04.
The petition will further ask that a re
ceiver be appointed to take possession of
the property.
No action will be taken upon thla cross
petition by Judge Munger for the present,
owing to the te-mporary absence of one of
the attorneys Interested in the case. The
United Theaters company are represented
by W. D. Mcliugh and E. B. Healy.
Must Cut Out
the Vaudeville
Building Inspector Witknell Orders
the Moving Picture Shows to
Dispense with Extra Acts.
City Building Inspector Wlthneli haa or
dered that vaudeville shows shall stop In
moving picture theaters.
"Hereafter these places can be used only
for the purpose or.ginally intended," said
Mr.' Wlthneli. "To permit them to be
come general show houses, as they are
fast doing, would be to court more danger.
The moving picture shows are equipped
with electric wires, besides their film
houses, and with performers stamping
around and congregating where It waa
never Intended that anyone auould be, ac
cidents are liable to happen any rime. So
I have decided to confine them strictly to
' giving the moving p cture shows, for which
they were built and licensed."
Pneumonia alwsys results from a eold
find ccn be prevented by the timely use of
Chamberlain's Cough Remedy,
FIGHT FOR CREIGHT0N COIN
GOES ON IN DISTRICT COURT
cram Me, with Attorneys Galore, Be
fore Three Eowlty Jadg-ea for
Dlaj Fortsat,
Hearing of the Crelghton will case on its
merits began In district court this morn
ing. The three Judce on the equity side,
Redlck. Troup and Estelle. are sitting to
gether and attorneys galore are present
representing the trustees, the heirs and the
Hate of Nebraska, which appears by In
tervention.
The suit la on aMal from the decision of
Judge Leslie In county court, the trustees
being the appenanta. Tha bequest to the
working girls' home la the point Involved.
A point In the case supposedly settle!
was reopened as soon as the hearing began.
Some weeks ago the appellees, who are
the heirs, argued that the district court
doaa not have Jurisdiction because the ap
peal from county court was not properly
perfeetfed.
This contention was argued at length
and the Judgee held that the Iran script
WIND HALTS FERRY, SEARCH
ftorm Prevent Farther Efforta to
rteach Foandered Boat
Near Erie.
ERIE, Pa., Dec. 15. A strong north
wind rrevented a continuance of ths
search for more than a score of persons
known to have been aboard tha car ferry
Marquette and Bessemer No. i. which la
supposed to have foundered In Lake Erie
off Conneaut. O. last week.
A Health-Guarantee to be Found in No Other Water,
Because:
1 The ONLY Water put up in STERILIZED
bottles;
2 The. ONLY WaterDomestic or Foreign
which is NEVER put in a bottle that
has been used before.
The World's Best Table Water $