TITTC BEE: OMAN A, SATURDAY, MAY 21. 1M0.
3
L , . ... '
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Nebraska
TAYLOR'S SENTENCE UPHELD
Supreme Court Decides Minden Man
Mast Die.
EXECUTION FIXED OCTOBER 28
J Heese and ftedgirlrk Dlurnl
from Opinion Affirm Verdlet
In DennUon Damage
Bait.
From a Staff Correspond nt.
LINCOLN. May 20 (Special.) The d ath
sentence of Bert M. Taylor, of Minden.
convicted of murdering his sister-in-law,
rearl Taylor, has been affirmed by th
upremc court In an opinion written by
Judge Barnes. Chief Justice Reese and
Judge Sedgwick dissented.
The court fixed October 2S na the date
Of execution. Taylor was convicted In the
district cout of the murder of I'earl Tay
lor whllo irpetratlng a criminal assault.
A younger alater of the murdered girl. Ida
.. Taylor, age 15 years was left by Taylor
for dead, but regained coiiHcIousnoss and
gave the alarm. She later recovered. Tay
lor fled and ftnaJly gave himself up to the
officers In California and was brought back
to Minden for trial.
After Taylor'a wifo died, Taylor and his
dead wlfe'a two sisters lived together In a
little house In Minden and It was In this
house that the crime was committed.
,' In the supreme court the defendant al
leged error because the lower court at one
time refused to grant a continuance, re
fused to grant a change of venue, miscon
duct on the part of the Jury; and com
plained of remarks made by counsel for
prosecution In his argument before the
Jury, charging that counsel for the de
fendant were trifling with the court and
Jury by presenting the defense of Insanity
and drunkenness when they knew or ought
to have known that there was no merit In
them.
Court Overrule Objections.
The court holds that the remarks com
plained of were within the limits of fair
and reasonable discussion and not suffi
cient to require a new trial. In the ab
sence of any showing In the record to the
contrary the court assumes that the trial
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Nebraska
j
Nebraska
Judge before passing sentence upon Tay
lor Informed him that a verdict of guilty
had ben found against him as required by
law. Objections raised by the defendants
because the Jury was taken by the bailiff
In a body to the Methodist church on Sun
day and attended divine worship and that
the court adjourned the trial from Satur
day night until Tuesday because Monday
was Memorial day are not sufficient
grounds for a new trial. Instructions of
the court regarding Insanity and Intoxica
tion Including the legal effect of so-called
Insane delusions are held proper.
Chief Justice Reese In dissenting, attacks
that section of the criminal law relating to
murder in the first degree and saya the
courts might as well construe it to read
as follows: "If any person shall In the per
petration or attempt to perpetrate any
rape, arson, robbery or burglary or by ad
ministering poison or causing the same to
be done, kill another, every person so of
fending shall be guilty of murder In the
first degree."
Ho said: "By this construction all Idea
of purpose or Intent to kill, and all Idea
of deliberate and premeditated malice are
effectunlly eliminated. He asserts that this
rule Is barbarous. Judge Sedgwick con
curred In this.
So Power to Pine.
Because the police Judge of Lincoln had
no authority to fine Gus A. Jugenhelmer
$200 for violating a rule of the Lincoln Ex
cise board the supremo court has dis
missed the petition in error. The district
court had affirmed the Judgment of the
police Judge and none of the lawyers called
attention of the supreme court to the fact
that the police court had no Jurisdiction
and that the affirmance by the district
court was a nullity, but an examination of
the record disclosed that condition and the
court dismissed the action.
Two Tbonmnd for Dennlson.
The case of Thomas Dennlson against the
Pally News Publishing company of Omaha
In which the district court found for the
plaintiff, has been affirmed by the supreme
court.
The case has been before the supreme
court twice, being reversed the first time.
Dennlson first secured a Judgment for $7,500
from which the defendant appealed. On a
second trial he was awarded a Judgment of
$2,000 and this Judgment Is affirmed.
Dennlson sued The News for the puhllca--tlon
of articles which he alleged were li
belous, at the time of the destruction of
The deeper one goes
into the virtues of Frank
lin air cooling the more
unfavorable water cooling
appears.
Franklin air cooling not only equals water cool
ing but in addition has virtues not possessed by
water cooling.
The water-cooled motor consists of two separate
mechanisms the engine and the cooling system.
If one gets out of order the other is disabled.
The Franklin motor is one mechanism the en
gine. The cooling system is not a mechanism; it is
not anything separate or distinct from the engine.
It utilizes the fly wheel, the engine boot and the
hood but does not add mechanism.
There is not a single condition of water cooling
the Franklin can not meet, but there are a number of
conditions in which the water-cooled automobile can
not meet the Franklin.
The Franklin can meet the water-cooled automo
bile in any road te6t fast or slow, mud, sand or hills,
and if the work is severe enough the Franklin will
outdo the water-cooled automobile every time.
The Franklin cooling system is unaffected by cold
or hot weather; it does not require any attention.
Model H, 42-horse-power, seven-passenger touring car,
$3750.
Model D, 28-horse-power, five-passenger touring car,
$2800.
Model G, 18-horse-power, four-passenger touring car,
$1850.
(I.o.b. Syracuie.)
MODEL D TOURING CAR
the Elmer Thomas home by a bomb. The
opinion was written by Judge Fawcett. the
court holding there was nothing prejudicial
In the trial In the lower court.
Limit to l.lqnnr License.
The supreme court has held that the
board of fire and pollcs commissioners of
Omaha may Issue a liquor license to run
from Januaryl. 1310 to January 1, 1911. The
case came up on the application of Feter
Johnson of Omaha for a liquor license to
run for the period mentioned. The board
grantrvl the license. J. M. Leldy protested
the Issuance of the license because It ex
tended beyond the municipal year which
ended In May 1910, according to his Idea.
The district court upheld the police board
and Leldy appealed. The opinion was writ
ten by Judge Barnes who In his syllabus
said:
"The mayor and city council of metro
politan cities may, for the purpose of
licensing and regulating the sale of In
toxicating liquors, declare the municipal
or license yar to be the same as, and co
extenslv with, the fiscal year fixed by the
terms of the city charter; and the Board
of Flte and Police commissioners of such
city may grant a license therefore com
mencing on the first, day of January and
terminating on the December 1 of the cur
rent year.'
Iltmorrfr in Liquor Cases.
Attorneys for the Burlington and Union
Pacific rallrcads have filed briefs In the
supreme court In answer to the suit of the
attorney general for an Injunction to pre
vent the sale of liquor on the dining cars
of the trains operated by these companies.
The companies argued that the court had
no Jurisdiction to attempt to enforce a
criminal statute by proceedings in equity.
The argued that the petition filed by the
attorney general made ho averment of any
pecuniary Injury to the citizens of the
Btate nor any rights of property to be
protfeted.
Both roads demurred to the petition of
the legal department of state, but Insist
the demurrer Is only Intended to present
the legal issue defined for decision and Its
admission of the allegations are not made
with any other end In view and the rights
to take Issue on the facts should the court
hold It has Jurisdiction are not waived.
Both roads set up that liquor is served
for the benefit of passengers, who In
nearly every Instance are through travelers.
Still llrlna; Irged.
"They are still urging me to get In the
race and the demand Is very Insistent and
I may have to yield, but I am not sure."
That Is the way Bernard McNeny repMed
to the question: "Are you going to run
for attorney general?"
r. McNeny was In Lincoln today to look
up some matters connected with the suit of
Cora Whittaker against Frank Toung for
damages for breach of promise. The suit
was originally filed In the federal court
at Denver and later dismissed. Mr. Mc
Nny expects to refile It In the district
court of Lancaster county, the home of
Mr. Young. W. C. Dorsey of Bloomlngton,
an attorney, accompanied Mr. McNeny.
OVIAHA'ii ONE MODERN CLOTHING STOHE
Tlie Home ol Quality Clothes
Substantial Savings
in Spring Suit Spendings
keeps the crowd coming to King-Swanson for their
good suits suits that have every element of worth
suits with goodness to appreciate and sightliness to
to admire. Suits that make other stores similar priced
suits look high in comparison.
i I
A visit to
our Boys'
Depart ment
on 2d floor
will repay
any
economical
person.
Whether they're
Inclined to buy
the finest clothe
obtainable or any
one ft the little
wearables In the
boys' furnishings,
there la money to
be saved and sat
isfaction to be
gained.
TIBT SVSCXAIi SUIT OTTEB
9 Pair of Knickerbockers sites
7 to 17 years. I'iuisuhI fabrics
from the view point of service
ability vlendld assortment of
colors Including mixtures. che ks
and several grays coats are
botom faced nnd knickerbockers
are full peg top.
Begular 84.50 raluei
for
CKeroocsors
$3.50
INJUNCT0N AGAINST
HAVEL0CK STRIKERS
Judge T. C Monger Grants Order
Against Burlington Shop
Boiler makers.
LINCOLN, Neb.. May 20.-Judga T. C.
Munger of the federal court today granted
an Injunction against the striking boiler-
makers at the Havelock shops. The Bur
lington officials alleged that th strikers
had established pickets and had assaulted
several non-union men. The strikers are
restrained against using violence or In1
terterliig with the property ot the company.
BOY MANGLED BY ENGINE
Andrew Swanson of Osceola Canght
. in Machine and Dies from
Injuries.
OSCEOLA, Neb.. May 20. (Special.)
Bernard Swanson, the 19-year-old son of
Andrew Swanson, living three miles south
west of Osceola, was fatally Injured in a
gasoline engine last evening and died
within a few hours. The young man was
grinding feed and had attempted to reach
across the engine to adjust something,
when his arm was caught In the governor
and he was thrown against the machine,
his arm badly cut up and he received a
concussion of the head. The doctors am
putated the arm within a short time. His
death was due to Injuries received about
the head.
GUY U. SMITH,
2205 Farnam Street, v OMAHA, NEB.
Stout Men
We .just received some new
clothes, specially made for
the season's wear. Right
styles and right prices.
$25 mi $
clothes, for men and young
men to stay young.
"Slip On" you slip one
on and the rain slips off.
VOLLMER'S
Expert Clothes Fitters
V 107. 16th St.
(
rtrui.
mm
S Lan
In
DAVIDSON ACCEPT S OFFICE
Chancellor of Nebraska Wealeyan
University Will Go to Garrett
Biblical Institute.
(From a Staff Correspondent.)
LINCOLN, Neb., May 20. (Special Tele
gram.) William J. Davidson, chancellor of
Nebraska Wesleyan university, today ac
cepted the professorship of religious rhe
toric at the Garrett B-lbllcal Institute at
Evanston, 111., an affiliated college of
Northwestern university. The appointment
takes effect September L
Stolen Goods Recovered.
PLAITTSMOUTH, Neb., May aO-CSpecJal.)
Sheriff Qulnton has a large stock of
merchandise In his possession awaiting an
owner. Fred Blunt and Sampson Karnes
Informed him where he would find the
goods, a portion of them under a bridge a
few miles north of the Missouri Pacific
depot In this city and more In a vacant
house. The goods consist of bolts of dress
goods, bundles of overalls, neckties, corsets,
skirts, etc. The officers are of the opinion
that the goods were thrown from the Mis
souri Pactfio freight cars while they were
about half way between, this city and the
I'latte river, and that they had removed
and disposed of what they desired and
turned the remainder over to the officers.
While the officers were getting the goods
the men made their getaway to Iowa. The
railroads have had this same kind of busi
ness to contend with for several years and
have landed several offenders In the state
penitentiary from this county.
1 J 't-fi
fed! fti
The best Suits, bar none, ever sold at our Prices
$10, $12, $15, $20
and up to
$35
Every one carrying an absolute guar
antee of $3, $5 and even $10 saved.
King-Swanson's
"True Blue" Serges
Beautiful in tone satisfying in service the very limit of blue serge excel
lence. Sightly models by experts who know how to make a solid color garment.
If you buy a blue serge suit without seeing our "True Blues" you'll regret it
every time you meet a fellow whose good judgement directed him to us. Come in
and look at them.
$15.00 and $20.00
Keller, Elsie Hasen, Blanche Stlngley, Fern
Wltwer, Vern Witwer, Thurl Strain, Thos.
Youce, Dwlght Lyons, Gordon Saunders,
making one of the largest classes' that the
high school has turned out.
Bon Marries Ilia Father.
TECUMSEH, Neb., May 20. (Special.)
Mr. S. P. Tingle, for forty-two years a resi
dent of this community, and Mrs. Nancy C.
Webb of Pasadena, Cal., were married at
the Tlnglo home, south of this city, Sunday
evening .at 9 o'clock. Mrs. Webb and
her 11-year-old daughter. Ruble, arrived
from tho California city that evening.
There . were but a few witnesses to the
ceremony, which was performed by a son
of the groom, Rev. O. P. Tingle, also of
Pasadena-
Commencement at Emerson.
EMERSON, Neb., May 20. (Special.) The
rr&duatton exercises were held last evening,
the following receiving diplomas: J. Russell
Flauto, Clyde Isenberg, Raymond Pearee,
Misses Nellie Jones and Winifred Curran.
Prof. Lawrence Fassler of the State uni
versity delivered an able address. This is
the first class la Emersan to complete the
full twelve grades of work In the normal
training course.
Eb Johns Held Gallty.
SEWARD, Neb., May 20. Special Tele
gram.) Eb Johns of Lincoln, who was ac
cused of stealing 75 worth of hides from
a dealer In Germantown, was tried in the
district court here and today a verdict of
guilty was found by the Jury. Judge Coch
ran will not render the sentence for several
days.
considerably encouraged over prospects,
and crops everywhere are looking good.
GOWKIE While In pursuit of what he
believed was chicken thelves last night,
Albert HanBon aged 27, the son of Olaf
Hansen, stumbled and fell, accidentally
discharging the shot gun he was carrying.
The charge entered his side and tore a
gapping wound. He died two hours later.
ALGONA Making a 'presiding elder out
of Rev. Walter Torbot has necessitated
the appointment of a new man aa pastor
of the Methodist Episcopal church of this
city. Rev. Fred C. Taylor, a very
popular pastor from Klngsley, will suo
ceed him. Rev. Torbot has gone to the
Ida Grove district.
MASON CITY Thursday, June 9, Is the
day when Mason CHy will entertain the
Woodmen of the northeastern section of
Iowa. Supreme National Lecturer Hon.
Charles E. Whalon and John D. Denlnon
of Dubuque are to be the speakers. The
city expects to entertain at least 15,000
strangers If the day Is at all propitious.
WAVERLY The Fortner hotel was
partly demolished early Friday morning by
the explosion of a gas range In the kitchen.
The thirty guests who were in the build
ing fled from their rooms sparsely clad,
thinking that the comet had struck the
place. No one was Injured except the
chef, whose head and face was burned.
FREMONT A family by the name of
Suelser living In the southeastern part of
town prepared a cave li their yard ready
for use In case the comet appeared. They
wtaited anxiously, fearing direful con
sequences, but did not hike for protection
as nothing out of the ordinary appeared.
The cave was quite an extensive affair and
could be closed almost air tight.
PLATTSMOTTTH Rev. Lou Wallace
Gade. was Installed as pastor of the First
Presbyterian church in this city last even
ing In the church. Rev. A. E. Perry of
Nebraska City, moderator of the presby
tery, delivered the sermon of the evening.
Rev. J. H. Salsbury of Auburn gave the
Instructions to the congregation, the Rev.
Thomas Sexton of Lincoln gave the charge
to the pastor.
MINDEN District court with Judge II.
9. Dungan presiding, discharged Its Jury
Thursday evening, It having found the de
fendant, Oscar Schaub, not guilty of at
tempted assault upon one, Mrs. Johansen.
Few cases of Importance have been tried.
The criminal charge ajatnst Howard J.
Pulver of Wilcox went over to the next
term of the district court, the Jury falling
to agree on a verdict.
HOLDREGE The second annual meeting
of the forty-first district of Kebekahs met
In this olty yesterday, and closed last
iJeht with a banquet given by the local
lodge for the visitors. There was a large
attendance ot delegates and memDers rrom
Minden. Wilcox. Axtell. Bladen. Blue Hill
and Ragan. Mrs. Emma L. Talbott of
tsouth Omaha was present And delivered
an address in the afternoon, and spoke at
the banquet, also.
BEATRICE A young man named Dar
ling was arrested and lodged in Jail at
Wymore on a charge of trying to pass a
worthless cheo'c on Julius Neumann, a
merchant at that place. The check was
made out for $10 in favor of Darling and
bore the signature of W. Cook. As no
such man as Cook lives at that place the
authorities are Inclined to think It a case
of forgery. Darling will be held pending
an investigation. He has been employed
on the Burlington for a few weeks at
Wymore.
FREMONT The Jury in the case of
Mary Wright, administratrix, Hgalnst the
Union Pacific Railroad company In the
district court of Dodge county brought In
a verdict kast evening for $1,999.99, being
the full amount sought to be recovered.
Wright was killed In December, 1908. by
being struck by a west bound train on the
west bound track of defendant's right-of-way.
A nephew of his was killed at the
same time. The defense was that Wright
was a trespasser and needlessly exposed
hlms'"!f to danger. The case will be ap
pealed. SHELTON The commencement exercise
were held In the opera house Wednesday
evening and were largely attended. There
were three boys and seven girls In the
class, Mary McDanlel, Villa Adams, Gladys
Adams, Bessie Hodge, Hertha Cox, Blanche
Batterson, Catherine Haokman, Lawrence
Treat, Frank Lane nnd Spencer Lutes.
M'.ba Mary McDanlel received tho college
scholarship of the class, I'rof. H. Alice
Howell of the Nebraska university gave
a splendid reading, Including "The Lion
and the Mouse" and other short sketches,
and Prof. E. F. Monroe presented the
class with the diplomas.
Hnyirnrd nt Dnnhnr Commencement.
DUNBAR, Neb., May 20. (Special.) Wil
liam J. Hayward of Nebraska City, and
candidate for congress from the First dis
trict, delivered the commencement address
here last evening before a packed house.
The fololwlng program was rendered: In
vocation, Rev. J. 8. Tussy; piano duet.
"Poet and Peasant," Von Suppe. Mrs. Dr.
J. B. and Miss Irene Llchtenwallner; sal
utatory, "The Musio of Nature," Miss Elsie
Scott; vocal solo, "The Butterfly," E.
Gelll, Mrs. Frank R. Oalbrajth; valedic
tory, "The Almighty Dollar," Arthur Tell;
male quartet, "In Silent Meade," by L. O.
Emerson, composed of Messrs. O. C. Baker,
Alex Francis, Prof. Thomas Barackman
and Dr. J. B. Llchtenwallner; class ad
dress, Hon. William Hayward; presentation
of diplomas, M. T. Harrison; benediction,
Rev. E. W. Love. The graduates of 1910
are the Misses Vera Kruse, Dollle Smith.
Klslo Scott and Klfle Haney. and Messrs.
Reuben Johnson, Arthur Tell, Vern Barack
man and Calvin Wllhelm.
Beck Wins Scholarship.
EDGAR, Neb.. May 20. (Special.) The
twenty-second annual commencement of the
Edgar High school was held In the opera
house last evenlnj. The graduates were:
Frances Nevlna, Graoe Hart, Beverly Win
ston. Genoa Hayes, Gladys Deflbaugh, Wes
ley Beck, Florence Boden, Elsie Hart, Flor
ence Messoplan, OUle Northrup, Osle Jen
nings and Mllford Carlson. A $100 scholar
ship In Doane college was presented to ths
student passing the best examination and
was won by Wesley Beck.
Pioneer Woman Dies.
ST. PAUL, Neb., May 20. (Special.)
Mrs. Anna Chrlstensen, wlfs of L. P. Chrls
tensen, died yesterday after a week's sick
ness. She was about C2 years of age and
one of the early settlers of Howard county,
having come here In 1971.
Commencement nt Crelghton.
CREIGHTON. Neb.. May .-(Special.)-The
high school graduating exercises will
be held In ths opera house on Friday, May
27th. This year's (lass consists of ths fo.
lowing named pupils, Iono Simons, Eva
Nebraska News Notes.
CREIGHTON W. H. Green has about
completed the excavating for his large
60x60 automobile garage and opera house.
CRAIG A class of thirty new recruits
to the local Modern Woodmen of
America lodge went to Omaha today for
initiation.
HOLDREGE The local Commercial club
has received word that the St. Joe Boosters
of St. Joseph, Missouri will be here over
night the &ird.
CREIGHTON Mr. F. C. Largen has Just
returned from Omaha with a car load of
automobiles, which he has disposed of to
Creighton parties. I
HOLDERGE Mr. and Mrs. David C.
Blackburn yesterday celebrated their
golden wedding anniversary at their home
northwest of this city.
PLATTBMOUTH The seniors of the
Plattsmouth high school put on "Cupid at
Vassar," In the Parmele theater last even
ing to a crowded house.
HOLDREGE Last night at the home of
the bride's, north of Funk, tho double wed
ding of Anna Carlson to Fred Williams and
Selma Carlson to Lawrence Anderson took
place.
PLATTSMOUTH Sheriff Qulnton hss
returned from Lincoln with C. J. Baker,
whose sentence for bigamy wui reversed
by the supreme court. Baker la now in
Jail awaiting a new trial.
BEATRICE C. H. Mayborn, until re
cently employed in the Union State bank
in this city, has organsed a state bank at
Chester. Neb. The institution will open
for business In a few days.
CREIGHTON The Creighton Electric
Light ond Power company are contemplat
ing the rebuilding of their water dam at
the Lower Mills, and furnishing Creighton
with day and night service.
BEATRICE William A. Nash, aged 65
years, and Mrs. Susan I. Chambers, aged
58, both of Pawnee City, were married yes
terday at the Paddock hotel by Rev. C. E.
Tlngley of the Baptist church.
CREIGHTON The Creighton Roller Mills
were sold last week to Frank Jlrous of
Clarkson, Neb., who will be here jiext
week." Mr. Jlrous will remodel the mill
throughout and put In new machinery.
MINDEN G. H. Winters, a relative of
Mrs. J. 8; Canaday, was rim over by the
Burlington train early Thursday morning
anc? Instantly killed. He was deaf and
dumb and could not hear the warning of
the train whistle.
CREIGHTON The Creighton base ball
team is to be reorganixed, and a first class
team put in the field. Creighton has a
fast bunch of young plovers and with the
addition of a few old needs will be able
to compete with the best of them.
CRAIG George Armstrong, lodge No. 241
Ancient Free and Accepted Masons of this
Place elected t. following officers: W. D.
Romans, worthy master. A. L. McPhepson.
wilor warden; L. M. Bovee, Junior
warden: . t. Minier, secretary; K. J
Martin, treasurer.
MARSHALLTOWN The 11,000,000 rail,
road bridge, built by the Iowa Central
over the Mississippi at Kelthshurg, III.,
was opened for traffic Thursday, when
north bound passenger train No. 1 rjsued
over It at 11:17 a. m. Ths opening was
wimoui ceremeny or inciuent.
HnLPREnn- Phelps county has had
bout 65 hundredths of an Inch of rain this
week which makes the total moisture for
the past three weeks averajta exceDtionJlv
(
"C VERY advantage of quality in materials,
workmanship and emciency in the new
Rambler will be found in Rambler Fifty-three.
A reproduction in smaller size of the forty
five horsepower Rambler.
has such advantages as the offset crank-shaft, straight
line drive, Spare-Wheel, engine accessibility and 30
inch wheels, besides a neat and durable aluminum front
floor.
Its convenient size and exceptional power make it an
economical car a car easier to get about with and easier
to drive.
We will gladly send you a copy of the Ram
bler Magazine or catalog with description.
Coit Automobile Company
2209 Farnam St., Omaha, Neb.
well with that of past yetus. Farmers ar