Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 29, 1920, Page 7, Image 7

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No Decision By
Jurors in Drake
Apartment Case
New Men Will Be Impaneled
After Failure to Reach Ver
dict After Four Hours
l Deliberation.
t itv. July inviu in iiiiin.iiim
court was broken yesterday after
tioon when five jurors were dis
charger by Judge A. E. Baldwin,
jfter they had deliberated four hour3
and 15 minutes over the evidence in
the case of the Drake Holding com
pany against F.niily and Garnet
Carlson, tenants of apartment No.
21. Drake court.
This was the first of a scries of
cases which have been brought by
the Drake company against tenants
who refused to pav an "advanced
schedule of rent. The jury stood
tour for the Drake company and one
for the defendants, when they as
sured the judge and attorneys that
th"-p was no chance to arrive at a
verdict. v
The court announced that a new
jury will be called and that a re
trial of the case will be held next
Friday morning.
. Five Men On Jury.
The jurors were: Chris Hanson,
L. PcttingRill, C. H. T. Riepin,
George D. Rice and S. L. Ronewitz.
One of the jurors who had been
summoned, was ill, so both sides
agreed to present the case to five
men. The juror who held out for
the tenants told his associates that
he would stav in the jury room until
ext May before he would yield hts
position. The majority of four stuck
it out until 4 p. m., without stopping
for luncheon.
The case attracted considerable in
terest and was attended by many
jfamen of Drake court. Edward
UUirke, attorney for the Tenants'
Protective league, represented the
pisses Carlson and Sidney Smith
represented the Drake company.
. The petition filed by the plaintiff
company alleged that Misses Carl
son were in unlawful possession of
their apartment in Drake court and
the case was tried on legality of a
lease, rather than on the contrA
versy which has been waged over
the payment of rent.
Join Tenant's League.
aOn May 1 of this year the Misses
Tlirlson entered into a lease which
stipulated that they should pay
$37.50 per month for five months
and $45 per month for seven months
thereafter, with another stipulation
that the lease should terminate up
on one month's notice by either of
the signatories. When an increased
schedule of rent was announced by
the Drake company, effective July
1. to all tenants of Drake court,
the Carlsons joined an organization
which grew into a tenants' league
and resisted the payment of the
higher rents.
Attorney Smith, for the Drake
company, stated that he would stand
on the regularity of the lease-and
that the case was one to determine
whether an owner could regain pos
session of his premises after having
complied with certain legal formali
ties. Cites Oral Agreement.
Attorney Burke, for defendants.
stated that there was no dispute as
to the sufficiency df the notices
served by the Drake company, but
he held that his clients were given
certain oral assurances and that
when they signed the leases they
lid not realize the real significance
of the document. He contended that
the written lease waj secondary to
th- oral agreement. He also stated
that the Drake company wanted to
get possession of the premises so
that they may obtain higher rent
During the hearing Attorney
Lurke tendered W. J. Palmer, vice
president of the Drake company,
SI 12.50, being the Carlson rent for
July, August and September at
$37.50 per month, but the tender was
J. E. O'Brien, president of the
Tenants' Protective league, testified
that W. B. Drake offered to accept
let Jjk ; l
No Dangereut Drugs
7 per cent net on actual cost of court, from tenants as rent,
end, he added, the agreement was
rot carried out.
Porter Charged With Theft
Sentenced to State Prison
Sidney, Neb., Sept. 28. (Special
Telegram). Bert Davis, ne.iro
porter charged with stealing $117
from a passenger on a Union Pacific
train on the night of September 17,
pleaded guilty today in district cour:
to grand larceny. He was sentenced
by judge H. M. Grimes to the peni
Untiary to serve from one to seven
Detective Flymell states that Davis
confessed to several other thefts and
hat goods were found in his home
at Omaha.
Body of Soldier Sent From
France to Grand Island
Grand Island, Neb., Sept. 28.
(Special.) The bedy of Sergeant
John Sutherland, who died of sick
ness in France, after the armistice
was signed, arrived here Saturday
snd were buried beside his father in
the Grand Island cemetery with
most impressive ceremonies.
The American Legion turned out
in a body to attend vthe service in
uniform at 3 o'clock Sunday after
noon. The pallbearers were legion
men. Rev. Bishop George A.
Beecher of Hastings officiated.
Saunders County Sales
Pavilion Is Dedicated
Wahoo, Neb., Sept. 28. (Special.)
The new sales pavilion at the
Saunders county fair grounds was
officially opened to the public last
week when Congressman McLaugh
lin dedicated the structure to the
use of the county stockmen. Mr.
McLaughlin said in the course of his
address that when Nebraska farms
carried the same per capita of live
stock per acre as are carried on
those in Illinois and Iowa that Ne
braska farms would sell just as
In lllinnie VieaHliff M mint k?
dim when within 250 feet of an ap
proaching car.
iift Right Off Without Pa"
Doesn't hurt a bit! Drop a little
Freezone on an aching corn, in
stantly that corn stops hurting, then
shortly you lift it right off with fin
ger?. Truly I 4
Your druggist sells a tiny bottle
of Freezone for a few cents, suffi
cient to remove every hard corn,
soft corn, or corn between the toes,
and the Talluses, without soreness
or irritation.
V' Continuing for
The Best and Newest Styles for
Women, Misses and School Girls
Every One of These Autumn Models Are in the Latest Styles, Including
Emerald, Nile, Sage, Leaf, Turquoise, Topaz, Peacock,
Navy, Copen, Royal, Midnight Btye, Seal
Mole, Nut, Sand, Taupe.
Brown, Wisteria, Purple, Plum, Maroon, Lavender,
American Beauty, Scarlet, Flame, Rose,
Coral, Black, Navy, White.
And as to Price
$395 $595
Are Simply Unheard of Prices
for This Class of Merchandise
Just an Idea of their beauty may
be gained by viewing the window
display for which it has been
necessary to choose just a few of
the models from this marvelous assortment
No Exchanges
J Burgess-Mash Company I
Nominate Cities
For 1922 Meet of
Mystic Workers
Milwaukee, Minneapolis, Pe
oria and Danville Will Con
test for Next Convention
Discuss Rale Increase.
Nominations of officers and the
cities from whichc will be chosen
the 1922 mctmg place of the Mystic
Workers of the World predominated
in the afternoon session held yester
day at the auditorium of the Masonic
temple, where the order is meeting
in"its"biennial convention. Milwau
kee, Minneapolis, Peoria, and Dan
ville, 111., were chosen as contest
ants for the next convention city.
Following are the names of those
nominated for office for the ensuing
term :
For supreme master, D. E. Smith,
Charles L. Scott and Charles A.
Brant; vice supreme master, Charles
E Staples, Margaret Dunne and G
V. Kester; supreme secretary, Leo
C. Carroll and Otto Hammerlund;
supreme banker, Al F. Schoch; su
preme examiner, John H. Evans, J.
W. Cunningham, Charles F. Kear
ney, J. A. Muldoon and Charles W.
Clark; general attorney. Charles E.
Sturtz and John W. Leedle; supreme
20 Discount
Men's and Women's New
Fall Shoes
For Women
New Fall boots, winter oxfords, "brogue" and evening slip
pers from $14.00 up reduced 20, including such well-known
makes as Pincus and Tobias, Koazk and MacLoughlin, Burt E.
Drake, Griffin & White and Upham Bros. ,
For Men
" Winter Oxfords and "brogues" priced from $14.00 up, re
duced 20, including Banisters, J. P. Smith and others.
Select any style of men's or women's shoes in stock at $14.00
and up and deduct 20 of original prices on every pair.
Burgess-Mash Company
Monstrous oak
Tuxedo Ripple Slip-Over
Blouse Tie-Back
And Made in All the New and Very Fashionable
That the sale was. fully ap
preciated was demonstrated by
the large number of purchasers
and we anticipate even greater
sales for Wednesday.-
No C. O. D.'s A Limited Number to
editor, Joseph Adams, George Rob
inson and Kobctt Toole; supreme
conductor, Zelh Lundine, Gussie
Tilman, and Erella Donicky; su
preme sentinel, Mary Lofgren; su
preme picket, Mrs. Cleiulenen; su
preme directors, John A. Riordon. J.
Ross Mickey, William H. Devine,
M. R. Doran, E. D. Dackerman,
Joanna E. Downes, J. T. Jennings,
K. J. Belt and Charles Duscnberry.
Ihe afternoon was otherwise tak
en up with entertainment, speeches
and challenges by the insurgents as
committee reports were read. W.
A. Eraser, sovereign commander, W.
O. W., delivered the chief addresj
cf the afternoon, dwelling emphati
cally on the need of a fraternal or
ganization to increase its rates when
its solvency is involved. He also
launched into an attack upon cer
tain insurgents who tried to knife
the present administration of the
order by circulating printed cards,
unsigned, that designed to place the
officers in disrepute.
A bitter fight is anticipated today
when the question of rate1 increases
comes up. The insurgents appear
well organized, as was evidenced in
yesterday's session, when practically
all amendments proposed by the law
committee were voted down and
Wilson Pardons Banker
Serving Five-Year Term
Washington, Sept. 28. Howard
W. Showalter, a banker of Fair
mount, W. Va., who was sentenced
to five years in federal prison in
1917 for misapplication of national
bank funds, was granted a pardon
today by President Wilson. '
Fish Tail
Fall Colors
a Customer
Brief City News
Will inspect Stock Yards Rota
rlans, gueirts of the South Side Uo
tarlans at a noon luncheon today,
will make a brtet inspection of the
stock yards.
Neat Will To Re Filed The will
of the late John Neal, wealthy to
bacco man, will be offered for pro
bate Saturday. The ordinal copy
cf the will has not been found.
Charge Dismissed Charges of Il
legal possession of liquor against
J. Harry Moore and Frank Koegan,
310 Karbach block, were dismissed
in Central police court yesterday.
Running Oun Fltflit Charles
Ueed, 1606 North Twenty-fourth
street, was captured by police early
Tuesday morning- after a running
gun fight In which several shots
were exchanged. A companion of
Wednesday In the Downstairs Store
An Enormous Purchase and Sale of
a Large Assortment of
Eats for Street
The becomingness of a hat depends on the shape and
color. One can always find a bit of trimming which will go
nicely with it.
Select yours in this value-giving event. Very likely
you will want several at this price.
Try This If You
Have Dandruff
There is one sure way that never
fails to remove dandruff completely
and that is to dissolve it. This de
stroys it entirely. To do this, just
get about four ounces of plain, or
dinary liquid arvon; apply at
night when retiring; use enough to
moisten the scalp and rub it in
gently with the finger tips.
By morning most, if not all, of
your dandruff will be gone, and
three or four more applications will
completedy dissolve and entirely de
stroy every single sign and trace of
it, no matter how much dandruff
you may have.
You will find, too, that all itching
and digging of the scalp will stop
instantly, and your hair will be
fluffy, lustrous, glossy, silky and
soft, and look and feel a hundred
times better.
Tou can get liquid arvon at any
drug store. It is inexpensive and
four ounces it all you will need.
This simple remedy has never been
known to fail.
Apply Sulphur as Told When
Your Skin Breaks Out
Any breaking out of the skin on
face, neck, arms or body is over
come quickest by applying Mentho
Sulphur. The pimples seem io dry
right up and go away, declares a
noted skin specialist.
Nothing has ever been found to
take the place of sulphur as a pim
ple remover. It is harmless and in
expensive. Just ask any druRgist
for a small jar of Mntlio-Sulj hur
Rood escaped. It was he wiho re
turned the shots fired in the air by
police, arresting officers say. To
llce say the two men hurled bricks
through a store window.
Robbed Ry Auto RaiiilH W. A.
Loary, S216 Poppleton avenue, wns
robbed of a watch and a diamond
ring by two unmasked bandits, who
escaped in an automobile, he told
Kxtcnd Order to Lincoln Nearly
50 Omaha members of the Order of
Mallory, an organization for sons of
Master Masons between IS and 21,
organized a chapter of the associa
tion in Lincoln Sunday,
Peterson To Return Frank A.
Feterson, assistant United States
district attorney, will return to
Omaha next wuck from Carthage,
8. D where he has been for his
Condition Serious John H.
Maack, 86 year.! old, 1108 South
A Style for Each Individual
No Exchanges and
Money back without aueatioa
if HUNT'S Silve fail in Uw
treatment of ITCH, ECZEMA.
other itching ikia diataaea. Try
7i cent boa at our riak.
Sherman McConnell Drue Co.
For Thirty Years
That old reliable herb remedr, Dr. Bnrk
hart'a Vegetable Compound, has proven a
God-send to eufferera of Liver, Stomach
Troubles and Constipation, and to prove
to the 10,000,000 mfferen from throe
dread maladies the merits of his irreat
medicine, tend a postal to Dr. Burkhart,
Cin'ti, O., and he will tend you a trial
treatment. 30-day treatment ZSe, 70 days,
50c. All druggists.
In Small Blisters All Over
Body. Cuticnra Heals.
" My baby had eczema all over his
body. It broke out in small blisters
and he would fret and cry.
He would wake up in the
night and fuse and scratch,
and lost sleep, and his
clothes seemed to hurt him.
' f . . r
yrrr. ocm iui a ucc sample
oi luticura Soap and Oint
ment and then purchased more, and
when I had used one cake of Cuti
cura Soap and one box of Cuticura
Ointment he was entirely healed."
(Signed) Mrs. M. E. Lemmon,
Marengo, Indiana.
Rely on Cuticura Soap, Ointment
nd Talcum to care for your skin.
aaalsIwrrNTBlsll. A rl.1rir "Osnjnra tI
ent.rlv. Dap' B, tUMaa 4 1, SUM." 8oW t iry
wKwn, Scupffie. OlntimntZtamlSs. Tali-umUe.
Cuticura Soap shavae without aaa.
Fifty-fourth streot, whoa wlf died
of ptomaine poisoning, is still in u
serious condition. The two became
111 lust Thursday night after their
evening meal.
Hoblxxl nt Cox Mwtliijr T. Shad
well, J54 North Sixty-first street,
missed his purse containing $28 and
some valuable papers after attend
ing the mass meeting at the Audito
rium when Governor Cox spoke
Monday night.
Detect I von Appeal Filed Ro
Quosts for reinstatement of formef
Detectives Peter Hagortnan and
Victor Lundeen, dismissed from the
department for misconduct six
weeks ago, wers placed on file by
tha city , council yesterday without
Wants To See. Child Menno
Nichols appealed to district court
yesterday for a modification of the
recent divorce docree which guve
tils wife custody of his child, lie
Banded and Untrimmed
In black", brown, navy, copen, henna, jade, tan,
color and shape.
Hats for
The weather conditions have made it possible for wo
men to defer the purchase of fall and winter hats, and now
comes this opportune sale at less than the cost of material
to make the hat. N
Every wanted style and color is here for your selection.
No Approvals.
High grade pianos for rent.
Six months' rent allowed
on purchase.
Schmoller & Mueller
Piano Co.,
114-118 So. 15th St.
Phono Dougla 1623.
Says His Prescription
Has Powerful influence
Over Rheumatism
Mr. James H. Allen suffered for years
with rheumatism. Many times this ter
rible d:rease left him helpless and unable
to work.
He finally decided, after years of
ceaseless study, that no on ean be free
from rheumatism until the accumulated
impurities, commonly called uric acid
deposits, were dissolved in the joints and
muscles and expelled from the body.
With this idea in mind he consulted
physicians, made experiments and finally
compounded prescription that quickly
and completely banished every sign and
symptom of rheumatism from his system.
Ha freelfr gave his discovery to others
who took it, with what mifrht be called
marvelous aueeess. After years of urging
he decided to let sufferers everywhere
know about his discovery through the
newspapers. Sherman McConnell Drug
Co. have been appointed agents for Allen,
rha in this vicinity with the understand
ing that they will freely return the pur
chase money on the first two bottles to
II who state they received no benefit.
Bee want ads brinp; results.
clmiged his wife and mother-in!
conspired to .keep hliu from teeing
tlio child.
Simuiglo "Doite" .M. O. Brad
!'h;iw, head of Nebraska's narcotic
department, declared yestltrday
'dope" is being smuggled Jhta
Omaha from Kansas City In largts
lots, and that he neodtd two more
agents in his department
Ask $175.04 J Damage- A suit
against the city of Omaha Air 1175,
643 damages, which, it is declared,
will accrue to school property when
Twonty-socond street is opened be
tween Dodge and Howard streets,
was filed In district court yesterday
by the school district of Omaha.
The spire of an old church, In
England has been twisted into an
almost spiral form by the unequal
contraction and expansion of tha
wood and lead of which it is con
rose, in fact very Wanted
Needed at Dances
And the Sea Shore
(Aids to Beauty)
Here is a home treatment for re
moving hairs that is quick, painless
and inexpensive: With Some pow
dered delatone and water make
enough paste to thickljt cover the
objectionable hairs, apply and after
2 or 3 minutes rub off, wash the
skin and it will be left soft, clear and
hairless. This treatment will not
mar the skin, but to avoid disap
pointment, be careful to get real de
htone. Mix fresh as wanted.
Taste good, do good) sttseesVo
instantly on tonga or is wtn
carry la VMt-peckat tWTwV
lng-cat tako as asadai.
ana use it nice coia cream, a