Omaha Daily Bee Newspaper, March 13, 1885, Page 5

GUILTY OR NO? Testimony for the Defense in the How- drd Case Elicted Yesterday, Interest in the Horror Deepening as the Trial Draws to & Close, YESTERDAY'S SESSI.N, Wednesday p. m. the taking of evidence for the defense In the Howard cass was commenced. As usual there was a lirgs crowd of ldle bums and loafers In the court room, who watched with eager attention every detall of the evidence relating to the sickening affair. ‘‘English Liz" and Thompeon. the defendants, were in thelr accustomed places, and have gained to a great degree a cortain composire, which amounts almost to Indifference. Annie Kernan was the fieat witness for the defense, She testified: I was in Nettle's room at varlous times. Talked with her frequently. She had li tle to say, and told me nothing as to the gullt oz Innocance of the defendants. Officer Whalen, I talked with Nettle often during Saturday, Sunday and Monday. Don’t remember what she sald, 1 was convinced of galit of ac cused and pald no atteation to anything except to get Thompscn to come along with me. Had a convereation with her Lizzle Howard, the defendants, were in bed In the back room., Mr. Montgomery was with me, Nettic was very drunk at this time, and she and Mr. Montgomery went out to & saloon and got s pint bot- tle of whisky; Nettle deank twice while I was theras at this time, about mlidnight, perbaps not after. All this time I was there (about twenty minutes) Thompson and Lizzle remaioed in bed. I think both defendants took a driok while I was there; they all had a drink. We left be. cause Lizz'e sald It way time to close the house. Nettie Howard let us out. Geo, Montgomery: Knew Nettle about #ix months, She and Lizzie were scem- Iogly friendly. I was there aboat 11:30 then'ght she was buraed. Nettle had been drinking and drank while I was there, Thompson and Lizzle wera in bed. I lefc the unused whisky and bot- tle there, Don’t know how much was left. Mike Gilligan: Known defendants for three years, Knew Nettte for about four years. The relations of the three were friendly. Iwas In the house about 8 o'clock in the morning of the burning. Thompaon came for me to go down with him to Nettie's house to do what I could t> help her. She was in bed, and in re. ply to my question she said she felt bad, and that she had no idea who burned her or how it wasdone., Later in the day, about 10 or 11, I asked her the same questions, and she said the same thing— that she did not know how or by whom she was burned, Nellio Fuller was there THE DAILY BEE-~FRIDAY, MARCH 13, 1885, HIGHLY IMPORTANT. The Decision of the Saprema Conrt Re- Iative to 1he License To be Pald by Wholesale Liqaor Men — The school Board's Victory, Mr. E. W. Simeral has raceived officlal notification from Tincoln that a writ of peremptory mandamus has been issued by the supreme court in the case of the state of Nebrasks, ex rel, school board ve. Marshal Cammings. Shorn of its techuicality of phraseol- ogy, this case presents many interesting and Important featares, In May, 1884, Messrs, Simeral and Estabrook commenced mandamus pro- ceedings In the suprema court of the state to compel Marshal Guthrie to re- port to the councii the names of all wholetale liquor dealers In this city, In order that they might be required to take a $1.000 liquor license, in accordance with the provislons of the Slocumb law; or, faflivg in thiy, might bo sued for non-conformance with the a$ both these times, bat not so situated a8 to hear these statements of Nettie Howard to me. Loe Helsley: Was a reporter on newspaper on November 24. 1 went on Monday. In reply toa question by me **how are you,” she secmed {ndisposed to talk, though not actingas if In much aln, and refused to say much to me. gevem\ persns were there Saturday afternoon and conversatlons were gener- ally about the case. I heard Nettle speaking of being afra'd of Mr. Connelly, and in reply to my questlon, Nettle sub- sequently siid sho was afrsil Connelly did not burn her. I took Hacket from joll to see Nettie at her request. Heard no conversation betwecn Hacket and Nottle Saturday afteracon at her house. Nottio sald to Hacket that she did not know who did it. Thompson, the defendany, was then present; this was before the defendants were ar- rested. Nettie was then ill; her volce husky., Thompson called Nettle's attention to Hacket, and she sald she recognized him, Officer Donovan stated: I was pollce officer and with Whalen at the arrest of Thompson. While there to arrest him, Thompson, in the presence of Nettle Howard, called wlitness to ‘‘come here a minute;” I walked to door of bedroom, when Thompson leaned over Nettle on the bed, and asked her il he (Taompson) ever did anything to her, or burned her, and she replied, ‘‘no.” At my suggestion Thompson asked Nettle if she knew who did burn her and she maid “co.” This conversatlon cccurred in the eecond room, where Nettle was lylng. Her volce way weak and she “kind of whistled out of her mouth.” This was Sunday afternoon. Thos Raane. At time of burning,Nov 1684, 1 was police officer. I arrested Connelly on charze of susplcion of bura- ing Nettie Howsrd, (Here counsel raid it was nacessary now for him to oatline defense. It Isin effect that while Con- nelly was under arrest the private and public talk, in Nettle Howard's hearing, was all about Connelly as the gullty one, and that from this continuous talk, Net- tie, in the condition she was, thought it was Connelly who burned her, and that as it was clear that Connelly di1 not burn her, _the] declarations of Nettle intro- duced by the stateshould not be given credit or taken as reliable—her mind ve ing disordered by oplates. The court held that no statement made byher atanothertime canbe introduced to contradict her sslemn dyiog declaration; no such statement shall be admitted. De- fendant can show a bad stats of mind at the hour of making the dying declara- tions to invalidate them, but not former s'atements conflicting with these dying declarations, Witness contioued: I had conversa— tion with Nettle Howard about 4:40 o'clock Mondsy evenlsg, and at times bafore that time. I did s> before 10 o'clock Satarday morning, She sald she did not know who burned her for ehe was asleep, Ths defendants were pres- ent at the time. Had another conversa- tlon that day with her belween one and two o'clock, [Objected to and ruled oit by the court until foundation laid. A% this point defence statsd that they could show varloas other dylng declara- tions than that admlittad for the state. The court eald these would be admitted when proper foundation was laid. Adjourned till 2 o'clock | AFTERNOON SESSION. The intimation of the defendants’ at- torney that he would offer testimony in the sbape of additional dying declarations of the deceaased woman to contradict that heretafore presented by the etate, deew a crowd to Judge Neville's court in the afternoon, 1t was noticeable that the persons present were of a superlor clase, atleast in appearance, to thcse ususlly deawn to the trial of such cases, and marked decorum prevailed. Miss Bloomficld: Have known defend- ants for thres years, Knew Nettle How- ard for four years, and visited her houte several times each day, The ralations between deceased and the defendants were kind and familiar, Was ia Nottl room between8 and 9 o'clock Friday evening before she died to horrow coal oil. Nettie had none, She took the can and It was empty. 1 gotnooil. Wasin the house soon after Nettle was burned, having been told that the house was on fi There were several persons there when I arrlved. I remalned a short time, went home, and In the morning early, about day-break, I returned and found Nettle on th bed aud Lizzie lying beside her on the bed crylng. At this time Nettio was suffering sald she was full of paln. She said nothing at this time about dyiog. Darlng Saturdpy in my presence Nettie sald—{ Here t:- witness was interrupted by the state and a long argument followed upon the right «f sccused to introduce statements made by deceased, after the burning, contra. dicting the statements made by deceased i the dylng declaration already admitted I‘II the coart on behalf of the prosecution, eld: That soch statements impeachin, the dylng declaration already admitted in evidence, are not admissable. = Thiy raling cut short the examination of this wit- ness, | ™ Rowen re-called: Went 'to Wet'ie's house Sntnrdfiy morning, She asked for water and eald it made no difference what told me Jshe had no ides who buraed her, as she was asleep at the e, Bloomfield, recalled, said Nettle had been drinklog some the ni ht she went for the cil. James Burns: Koew deceased; was in t1e house about midnight of Fridsy, the B ghbt of the buraing, Thompson and about 2 o'cleck Satarday morning (ths time of Nettic's burning), Found defen- dants yand a third person (unkaown to me)in the house, Nettle Howard was there also, lying In a seml-conscions con- ditlon. Thompson was pacing the floor suffering with burned hande. A sugges- tion was made to put Nettie on the bed. Thompson or Lizzle, one or the other, sald, let Nettie lie on the floor, that ahe was better off there, Meantime fire broke out In back room: Thompson and I put it out. We returned to the room whera Nettie was aud put her on the bed. Just at this time Officer 0’Donovancame. He and I examined the room and saw that the fire was extingnished. I then left for the newspaper office. The fire that broke out while 1 was thera broke out from a dress hanging beside the bsd and from the wall. Mag Johnson, (colored). Known da- fendants and Nettis Howard. Went to her house about 5 o’clock of the morning of the burning. Nettie then was in bed In the front room. Ispoke to her, she recognized me and I remained untll about 11 o’cleck Saturday. Nettle told me she was full ¢f pains; she dld not know how she was {burnad, as she was *‘pretty full;” that she had heard some of them say Lizzle did it, but she did not belisye it for they were frisnds, Nettie asked Lizzia not to leave her, I asked her several times if she knew who did it and she said “‘no.” 1 knew her well for about five years. She and Lizzie were for years most f.iendly. Nettle wanted Lizzie Howard and no body else to put on and take,off her bandages, saying Liz- zie could walt upon her battsr than any- body else. Upon cress-examination this witness bore herself with perfect coolness and clesrness of statement. E. A. O'Brien: At time of the burn- ing I was city editor of the Republican. 1 saw Nettle Howard just after burning; was at the house at the time Father 0'Conner was thers It was on Monday after burning. 1 went into the room Nettte was in before Father O'Conner left. I went into the room and asked Nettie if she kaew how she was burned. She replied, ““No, father.,” This same answer was given to several similar ques- tions. This was about 3 or 4 o’clock on Monday evening. She was 5o weak that I could barely hear her. She spoke in a low whisper and I bad to lean and place my ear near her mouth. I was there not over three minutes. Father O'Cunner was in the rcom durlng my interview with her. G. H. Hacket: Knew Nettie Howard; saw her the Sunday afterncon about 2 or 3 o'clock, after she was burned. She told me she did nst know how she came to be burned. Adjourned to 9:30 te-morrow morning. —— PERSONAL, L. F. Hilton, editor of the Blair Pilot, is in the city, J. 8. Lehne, Suttou; A, A, Kingsley, Stan ton; F. Youger, Osceola; C. ), Essey,Sidney; ©. A. Hall, Madison; Frank Sanders, Rock- port; S. R, Wilson, Cincinnati, are at the Canfield, S, Wilkinson, Denver; R, D, Jones, Red Cloud; C, . Atkinson and wife, Weeping Water; T. B, Seeley, Omaha; E. A, Hale, Madison, and J. W. Shepherd, Osceola, are at the Oanfield, J. C. Brodby, Lincoln; J. L. McDonough, Ord; William Wheeler, Fremont; A, W, Oharde, Oakland; J. F. Nylvnder, Kearne; W. H. Motter, Omaha; J. A. Hadelson, Lin coln, and F. Clugagen, Sidney, are at the Cozzens, T. H,McCagus of the Commercial National bank, returned Wednesdsy from the Washing ton inauguration ceremonies, Contrary to ex- pectation he came back unmarcied, Mr, Chase, of the Excelsior, is now in Chicago, and returned yesterday, A, Phillips, Charles Chapman, Frank A. Chaffes, J, C. Bradley, Lincoln; E, 8, Bo- gart, Springfield; G, F. Hunter, Hastin W. McGuire, Fairburg; H, C. Van Camp, Rochester; Thorn Leighton, Plattsmouth, and C. Cook, of Fremont, are ut the Metropoli- tan. John Moran, Alax; 8, H, Danlels, Platts- mouth; O, G, Beeson, Lincoln; O, C, Valen- tine, Columbus; O, W, Thomas, Grrnd Island; John M. McFarland, Columbus; E. E, Brown, Lincoln; John M. Regan, Hastings; N. W, Walls, Schuyler; 8, ¥, Perry, Kear- ney, are at the Paxton, Wm. Donald, Columbus; C, H. Omhoff, Lincoln; D, 8. Cromer and O, Selah, Ewing; George B, Hart and 8, L, Sturtevant, Fuller- ton; W, Fuller, Nebraska City; ¥, M, Gil- more, Fullerton; C, E. Westcott, Platts- mopth; Wm., Fraoklin, Lincoln, and L. F, 8 | Hilton are at the Millard ., The River, The Missouri river is fast clearing of foe, and 82 far as repor:s show, has mani- fested no dispoeition to jamp its banks, The river at this point iv about statlopary, On the Platts, the Unlon Pacific re- ports eay that che lce is rotting fast and moving oot steadlly to safety. At North Bend and Val ey the river fa bank full, but unless sudden and heavy ralns f low thera will be no overflow. At other poiats on thy Platte, similar eonditions exist, — Salt pretzols, large and swall, fresh every day. Dalivered free. Leave or- ders at H, Welchelt, 1218 Cass street. statuter. This Mar:hal Guthiie had refased to do, eaylng that the liquor dealers were exempt from the llcense, whtch was Intended only for retailers, A few months ago, the attorneys for the school board argued the case befo.e the sapreme court but the mandamus pro- ceedings wers temporarlly checked by the fict that Guthris was no longar clty marshal and hence no actlon could be taken agalnst him. by the technicality, Messre. Simeral and Estabrook instituted mandamus proceed- Ings againet Marshal Themas Cummings. The mctlon In this casy was argued a short time ago by Mr. Simeral, and de- cislon |was rendered, Wednesday, as al- ready stated. In accordance with the terms of the order which is to bs served at once upon Marshal Cummings, that official will be compelled to report the names of all wholesalers dolog busi- ness in the city, as he at pressnt reports the names of the retall fiquor men. From thess names a list of the firms in the wholeaale traftic will be completed, and evch firm will be served with a notice t pay at onca the $1,000 liceosa. In care this licenss is not paid at once, the firm refasing to comply will be dealt with as are the retail delinquents. This decislon, in its results, will add about $20,000 a year to the funds of the board of education. Thecasehasbeen long and bisterly contested and it now appears as though the bird of victory had perched, for permanent residence, upon the ban- ner of the cause of education. FULL TEXT OF THE DECISION, State ex rel.* va, Thomas Cumminge, manda- mus writ allowed, Reese, J. 1. Where, by law, 1t is made the special duty of the incumbent of a public of ice to perform cprtain ministerial duties as such officer, and such duties cannot be legally per. formed by any other person to the full extent required by law, & writ of mandamus will isaue, upon the application of any person in- terested, to compel the performance of euch ministerial duties. 2, The ordinance of the city of Omaha made it the duty of the city marshal on the first day of each and every month, to ascar. tain and report to the city council the mnames of all perfons or fiems engaged in the liquor traffic in said city, giving their place of business, whether licensed or ualicensed, and tonotify any unlicansed liquor dealers to at once cease the traffic and to make complaint sgainst all persons selling liquor without license, Held that the ordinance ap- plied to all persons engaged in the liquor traf- tic and it is the duty of the marshal to comply wit the requirements of the ordinance without reference to the quality of the hquor sold. at ach gale by the person engaged in the traffic. 3, The act entitled “An act to regulats the salé of malt, spirituous and vinous Liquore, otc.,” approved February 28th, 1881, common. ly known as the “*Slocumb” law, applies alike to all persons who are engaged in |the sale of malt, spiritucus and vinous liquors, Whole- salo dealers are not exempt from its provis- ions, RAILROAD RUMBLINGS, What the Conference of the U P. Of- ficials and the Committee of | Engincers are Discus- sing—Accidental “Meetings," The committee of vlisiting engineers is still engagad in daily consultation with Superintendent Smith, of the Un- ion Pacific. Froma reliable eource a Bee reperter learned this morning that the sabjects belng discussed by the two partiesto the affalr are as ful'ows: In the firet place the engineers des'rs an ¢qualization of wages. They wish to be paid elther by mileage, or by the lhour. A% present they are pa'd a certaln sum for a trlp, no matter how long that trip may be or how mach time i% consumes, Tha grlevances, in this particular, sre to be adjusted over the entire system of the Union Pacific, with the exception of the South Park road, and especlally on the Utah & Nortbern, where, 1t is stated, *‘two- thirders,” or men who have fired a year or two, are set up as engineers at $50 a month. Another and very Important matter discussed was the request of ths engl- neers that in case of a serious accident, the iovestigation of the at- tendant circumstances be made by three or more officlals of the read, who shall prosecute the inquiries in a fair and {mpariial manner, and fix the responsi. bility where it beloogs. This, it is claimed, is & much fairer and more judiclous mauner of dealing with the matter of responaibllity ot an accldent then that allowing the ques- tion to be declded by one incompetent and, 1t may be, prejudiced cfficial, Another question conslidered was that of the abolition of the monthly hospital tax of twenty-five cents, It is expected that the negotlations will be brought tv a close th's weel The conference so far has progressed in & satisfactory and amicable manner, THE NEW TIME CARD, It is mot, J)Olhlpl, generally known that the new time schedule on the Union Pacific did not become firmly established before the confuslon Incldent to the changs bad caused saveral meetings be- tween trains coming in opposite direc- tious, very nearly resulting in dleastrous collisions. For iostance, on the morn- log sfter the changs, ope of the early I+ | morniog freights haa positive orders to meet the incoming passenger traln on the Missouri Pacific at Papillion, while the latter train had o ders to mest the freight at the etock yards switch. As 1t so bappened = the freight train was delayed on sidiog a% Gilwore, and while there, the Bafllad temporarily | M. Missourl Pacific osme rushing along, But for the fortunate circumstance of the delay of the freight train, disas. trons collislon would have been Inevita. ble. Two frelghts also came together a' Elkhorn cuty but as both were ranning slow no damage was done. Two more meetings were made, but on what}points could not be learned. J. K, Choote has been appointed as- sistant superintendent of South Park district of Colorado Divislon of the U. P. milroad, vlss D. K. Smith resigned, to take effect March 15th, 1885, THE COURTS, Happenings in the Fedcral, State and County Oourts, UNITED STATES COURT, In this court the Grand De Tour Plow Co., of Dixon, Ills., fi'ey & sult against the Nebraska City manufacturing com- pany, for Infringements of patent rights on certain harrow improvementa, owned by plaintifi. These improvements were Invented by Adam Sples, in 1873, and he in turn transferred them to one M, Scott Ward, who in turn, it is alleged, eold them to the Cirand De Tour Plow company. LEGAL NOTES OF YESTERDAY, Before Judge Neville y sstarday moralng prior to takiog up the Howard case, a decree of divorca was granted to Mra, Catherine Camenzind, from her hushand, Andrew Camenzind, The grounds al- leged ars those of extreme cruelty. Both parties are over 50 years of age. Cam- enzind was formerly engaged in the saloon business on Sixteenth street. By terms of agreement, Mra, C. will receive $5,000 as alimony from her husband. Charles A. Garner commenced suit in this tm};l yesterday agalnst the B, & The petition of the plaintiff sets ferth that on December 4th, 1884, he was walking along the river bottoms, near the B. & M. track, aud wasabout to step over a cable, attached to a steam plow or shovel, connecting at a distance with a locomotive, which' was moving up and down the line of road, for the purpose of forclng dirt loaded on the platform cars from the surface therecf, when the cable was suddenly jerked fnto the air. He was thrown yiolently upwards, and alighting on the ground, sustained severe injuries in & broken leg and certain In- ternal leslons, He has been sick, as a consaquence of these injaries for a perlod of threa montbs, and asks damages in the sum of $15,700. COUNTY COURT, McKsy Bros. sued €. S. Rsymond on a check cashed for Fuller by Raymond, which was forged and worthless. Amount involved $400.,2 POLICE COURT, A few plaln disorderly sharges, with small fines {mposed. Several cases of drank for this morning. A Gentle Warning, A certaln individual connected with a public Institution on Dodge strest (uot far from Fifteenth), ls the causs of a piece of deplorable scandal, of such a nature as to demand immediate ventila- tlon. It appears that he s In the habit of appearing before his windows in ‘*un- dress uniform,” generally with only a pair of unmentionables coverlng a por- tion of his Apollo-like form. This he has been observed to do frejuently, not seeming, Indeed, to have sny instincts of modesty, except those Y‘ a primeval kind, such, for instance, as in the beautlful little story of Adam and the fig leaves. But day befere yesterday those who ara quartered in the establish- ment opposite to that in which this wor- thy Is on exhibition, report that he ap- peared before his windew without a shred of clothing on his perdon, and rapped re- peatedly on the glaes to call the attentlon of some gentlemen friends on the slde- walk. They failed to notles him, how- ever, and lo! he next appeared at a side door, almost actually upon the sidewalk, this time, also, parfectly nude. Saveral ladies wera sitting in an office across the way, and were unwilllng wit- nesses to tne diszusting spec'acle. In the words of the back part of the dictlonary, ‘“‘verb, sap,—' e BASE BALL, A KANSAS CITY MANAGER COMING T0-DAY, Special telegram to Tite Bee, Kaxsas Orry, March 12,—Tte Minneapolis base ball club has applied for membership to the Western League, It will b» admitted if TO OMAHA 8 embodied | al another club canbe obtained to make the mem- bership eigat, Manager Sullivan, of Kansas City, will leave for Omaha to-norrow to see if hio'can induca the Omaba people to come into the laague. R — Convicted of Polygamy, Saur Lake, Morch 12,—Thomas Simpson was convicted to-night of polygamy, He had a wifein England and married another in Utah, The Englsh wife came on and made a familyrow with the above result, One of the gentiles drawn on thejury sworn on yoldire, b believed polygamy vaa ight under certain circumstances, He was excused on the same ground as Mormon believers in po- Iygamy. e — Death of a Prominent Hotel Man, Peonta, March 12,—J, 8, Clark, who has been engaged in the hotel business in Illinois the past thirty years died hers to-day. [ o — The Ohio Archaelogical Society, Covrunsus, March 12,—The Ohio archaelog- ical and h'storioal association was reorganized to-day, Allan G. Thurman presided and waa elected one of the fifteen trustees. Yellow Fever, SAN Francisoo, March 12,—United States steamship Lackawaops arrived to-day from Acapulco, has bad twelve cases of yellow fever, Owen Griffeth, barber, and v°v"|fi.,.u1or, diec h' g e Udlfm e ——— ; The Mystery of an Honest Gernan's Pig. Atlanta Constitutionallat, ’ “How vas dose dings?’ ejaculated s German friend named Switzer, the other morning, as he came Into the office with » puzzled look upon his honest faca. “Some times ago,” he sald, “I bought myselluff a pig, and he was the funnlest plg I ever did sce before, He was only s little fellow as high as dat, and he was only steen months clt, 1 dook dat pig & rnll of swill the cther day, and py shim* Hfiemum If that little feller didn't k up that whole pail of swill befors you eay Shack Robinson, Den he got rifht up on his hinder legs and he yelled like the devil for more, Just dink of dat, mine friend, Dot pig eats up dot whole pail of swill, Den [ took dat little sfg an _gnt bim iu dat tame pail where or swill vas from, and with dat plg ln- side dat pail der pail was only balf fi lad, Dat's vacgot der best of s, Dat vas one of the mysterlcs of physics vat 1 can no how unders‘and.’ 5 ‘then he scratched his hesd In deep meditstion and looked inqulringly. 1 could give him no sstisfaction and he de- parted no wis:r than when he came. THE MoKUNE MURDER. Fourth Day's Procesdings in the Trial of Dr, Cross for the Murder of Dr, McKune in Conn- oil Blufms, THURSDAY'S PRUCERDINGS, Special Correspondence to T B Grexwoop, Towa, March 12.—All par ties Immediately concerned in this lm. portsnt cate were on hand before the opening of court this morninz. The de fendant and his counsel seem to be un- rufiizd by the romewhat damaging evl- dence of yest srday, and thelr confidence- In thelr ultimate success and the fi trlumphant acqulital of Cross ls un- shaken, Thus far witnesses have been l'ghtly cross-examined, Judge Hubbard has occaslonally presented some law questlon to the court in his calm, sarcas- tle way, and in & manner which Inevi- tably cenveys to the 1'nd of an outalder the impression that ke is inclined to ““qulz” the court. He is the most re- markable character connected with the case, and it is often hard to decide whether he is In earnest or merely crack- Ing eone s'y joke at the expense of csurt or counsel, His prcfound learning and large experience make him a formidable sntagonlet, and wheneygr he rises to speak he is sure of respebtful attention He generally succeeds in making the court believe that he is right. A motion to suppress the deposition of H. P. Lennox was filed by the state, Mr. Sapp announced that the witnees, Handthorn, was in attcndance, but that the state had declded not to examine him in chief. He also s'ated that the witness, Miss Berger, would be recalled upon a mat rlal point overlooked yesterday. The {dentificatlon of the map, clothes and bullet was sdmltted of record. The attorneya for the accused admltted the objections, thoogh purely technical, to the deposition of Lennox, to be well taken, Judge Hubbard sald the deposition would not be offered in evidence, EVIDENCE FOR THE DEFFNSE — C, SHOLES. Reside is Councll Bluffz. Am a short hand reporter. (Witness identifies evi- dence taken qefore Judge Aylesworth.) The evidence ol Emma Brooks and A. B. Nicholas was referrad to. The report wasread of the conversation In Nicholas’ store between Nicholas and Oross, about Delia Nicholson. The thraat resd wae: *If McKune assaults me I willkill him. I will get him to strike me then kill or shoot him and claim I did it in self.de- fense.” Emma Brooks then eald: “I heard him talk about Dr. McKune and all the doc: tors, but don’t remember what he ssid. Hesald, howaver, ‘I will kill McKune if I get a chance.’ H, C. A, HAMMER, Restde in Council Bluffs. I knew Dr. Cross a% the time of McKune's death. Croes has been my physiclan. He was at my house in January, 1883, when my child died. Mrs. Brooks und daughter were there at that time. Thera was talk about some abortion cise, don't know who. There was no such conversation as detai’cd yesterday by Mrs, Brooks, He 1 McKune saw Cross passing ho sald: me all the time. The bald headed man was prossed backward toward me. He was retreating. The bald headed man fell after the hat, Tha' was McKune. The two men were strikiog erch other siraggling before McKune fell. Both were atrlking, The blows coatinued while McKune was rotreat'ng, and up to the time the shot was fired. They wers moving toward me, TAMES MATHISON Am employed by the city of Council Bluffs. Knew Oross and McKune in 1883, 1 heard McKune make threats agalnst Cross In tho spring of that ye A long dlscussion followed as to the ad- miseabllity of this class of testimony. The defense offered to prove that as ) 1 Isaw a wolf and that man running at large, I would shoot him first. This dis cussion hay been renewed frequently dar- ing the day, and at b o'clock, as this re- port closes, it s raging as fiercely as ever. The court has developed good lis- teniog powers and seems inclined to lot counsel have all the rope they want. The witneas Mathison, who has been the uncontclous cause of all this sound and fury, eits contentedly, listening to argu. ment. NEMAHA'S TWINS, South Auburn's Business Prospects CHARLES SANG, He Defends Himself From the Al leged Elanders of the Fre- mont Press, Editor of Tie Bre, Norrtr Besn, Neb., March 11.—Hon, Edward Rosewater, Dear Sir:—1 observe in Tux WerkLy | Bee of to-day's issue, under the heading of “‘State Jottings, the following paragraph: “‘Chatley Sang, an ex-senator of Dodge county, and & man who has been prominent in Fromont business circles, has fallen by 2010 in tho scale of private and publio me and stands a good chance of Leing sent penitentiary, Ho was charged with bastardy by Rachel “Burr, and the first trial of the case, last December, resulted in a verdiet for Sang. The motlon for a new trial doveloped the fact that Charley packed the jury with his pals, and kept them woll satueated with liquor during the trial, and made a number of promises of substantial rewards if they stood by him. A new trial was ordered, and Charley will probably go over the road, " Of coarso 1 do not balicve that you would lend the aid of your poworful metropolitan paper to the work of sland- erlng & man simply becauss he has incur red the enmlty, personal and politioal, of the local presy of hls own city. I assume, therefore, that the above paragraph was written and published because corta'n ) the and Preminm Mud, Correspondence of TiE Brr, Sourn Avkury, Neb., March 7. From sonthern Nebraska we would eend greeting, and with a human desire t5 let the world at large kaow that the unusu- ally savere winter has not left usin a congealed state In this, the sontborn por- tion of the Siamese twins of Nemaha county. Although March has beamed upon us with emiles as bright and breez:s a8 balmy aseven her falr slator, April, could have done, still the capricions month changes her tempsr suddenly, and in the pait twentyfour hours has seat ©s a copious amount of the ‘“‘beautiful,” to remind ns that the roads that were fast becoming pasable will, in a few hours at most, be converted Into rivers ot mud. For the past week we have had mud, mud everywhere—on the earth and in thy air. When mud is In sea'on we would recommend South Auburn as the muddlest place on God's green earth. For tho stickiest mud, the thickest mud, for mud that will stay the longest, it will bear the palm. For any one looking for the muddiest streets with the finest sidewalks, come to oue clty of magnificent distances. With tne fow warm deya past that cause us to think “‘dot spbring dime vas almosht here,shen- tle Ann'e,” the smwile on the faces of our business men, broaden till they be- come very pleasant to look upon, and eversone seems awake and active, The agricultural merchant has opened his warehouses, brushed up his gocds, and goes about like a roaring lion, secki every farmer and duly proceeds to but- tonhole the same. Business Is on the in- cresss, trade Is better, and everyone seems twlce as happy as the proverbial dog that usually wags two tails. There are soms changes going on in our hither-too quist burg. The firm of Chap- pel & McD)nald exists no more in South Auburn. ~ They having packed their hard- may have said he would “get even with him.” There waino tuzh conversation as that s‘ated by Emma Brooks. Noth- ing was tald about McKune being a dirty dog, and no threats to kill him, I hesrd 11 Cross said while there that evening. Cross was not at all excited while talking about McKune, I understood that he spoke unkindly of McKune, bat I know he did tot say that he was a “‘dirty dog.”" MRS HAMMER, Am the wife of C. A. Hammar and knew Cross in January, 1883. Dr, Crosr, Mrs. Brooks and Emma Brooks were there while ourchild lay dead, I heard Mrs, and Emma Brooks' testimony yes- terday. No such testimouy as testified to by them yesterday took place at my house, There was some talk about the abortion case. Cross said tha! the glrl, Nicholson, had threatenedgto shoot Me- Kare and Pinney. MRS, SALES, 1 live in Council Bluffs, 1 met Cros at Mrs. Hammond’s the evening their child died, in January, 1883, Mrs, Brooks and Emma were there. I heard them testify yesterday. I don’t remem- ber any such conversition as they testi- yed to yesterday. I was not well that eveniog. Cross ssid that the doctors went to the girl Nicholson's room and tried to forcs an entrance and that she threatened to shoot them. This was all the talk there was ea'd abont shooting. MR, ¢ E STONE, Have lived in Council Blufis thirty- two years, I was formerly a justice of the peace, I knew McKune well. I did some business for him, He wasquits robust—broad shouldreed. 1 remember hearing of the Nicholson case at the time of its cccurrance, . 8. PARKER is a leiter carrler at Council Eluffs Changed a 50 cent piece for Frank Scan lan a few minutes before McKune was killed; gave him two quarters. First ware to ship it to a more desieable point. Thelr furniture having beenso'd to J. Price, of Johnson, this couuty, who Lately purchased the hardware store of T. H. Gillian, The firm of Frytag Bros., or John Frerichs, bay merged into that of Cool- man & Frytag, John Frerlchs and H. Frytag retlring from the firm, the latter named gentlemen having received & call to spread the gospel tldings some where in Iowa. . For the past two weeksa revival cf some Interest has been in progrees at the Presbyterian church in this place, under the supervision of Rev. S. C. Dickey, pastor in charge, asslsted by Jos. B. Nichols, of the Y. M. C. A,, of Omaha; also a D. D, from Tecumseh, whote name ye scribe knoweth not. With what re- sult remains to beseen. The ladies of the W, C. T. U. are try- ing to establich a reading room, but thelr progress is slow, owing principally to leci of funds and theelight Int:rest manifested by most of the members. The creamery which has bzen shut down all winter will open Ap:il Ist, and the Inhabitants of this clty will revel in creamery butter at 30 cen:s per pound. The county scat questton is again to be aggitated, though as yet little has been sald or done. There is to be no dec'slve movemen: made until sfter the spring elections, when the petitfons will be cir: calated. Should fAuburn be successful in getting it, poor old Brownvil might as well be painted black, and crape huog on her doors, which same mighf be eald of Avburn, should Brownville still re‘ain it, ia which case the Great Chief (1) Church Howe, could not enthuse ensugh life into his pet towa to keap it growing H. A. Durmay, IOWA ITE: Cedar Rapids has a 9 year-old chicken thief under arres®. ‘Waterioo has clghteen saloons that ara suppoeed to sell beversges not prohibited heard of McKune's death abont 6:30 o'clock. C. E, STONE recalled. He was asked tostate the facts showing that McKune wa: gry with Cross, that he bore him malice; that he had threatened personal violence, ete. The state objecied to the admisslon of this class of testimony, Leng'hy argu- ments were made and the court withheld his dec'sion till afternoon, ¢ AFTERNOON SRSSION. " [The legal argument Interrapted by the :jgnnmmnt‘yn resumed, The court oated thap the witnees, €. E. STONE, might be examined within certain pre- saribed limis, He stated that the Nich- olson trouble was & matte¥ o! common ramor as early as 1880, Did not talk with McKane about it. Saw Cross soon ofter McKune was killed. Hls hand was bleeding; there was a lump on the back of his head and some ecratches about the throa'; the skin was broken in several places and the flesh was dlsco'- ored. It was notyet dmk when I saw him; Iam72 yearsold; Cross did not have a3 much beard then as now; Cross was standing on the sldewalk whea I saw him, Mayer Bowmsn some half-dozen others; Cross was surrounded by the crowd; McKune was still lylng on the ground; Croes sion Jeft; Cross was bare- headed; o hers wen' to his house with him; I think bis wife came out; some talk with him, MIS§ ELLA BERGER was recalled on fhe part of tha state. 1 testified in this case yesteriay. Dr. Cross and McKune made some moveiients after Lfirst saw them, They passed toward the outside of the walk and a few steps [note, g'ven by the originstors of the sway from me, The one with the bald licad was Learest to me, by law, The Eazle plow works, at Davenport, were scorched t> ths amount of $3,C00 on Mondsy night. A 835,000 system of water-works is contemplated by the enterprising town of Elllott, In Cass county. Mr. Lis'on will build & $16,000 opera houte In Newton, the cltizens agreeing to contribute a bonus of $1,000, The Central Iowa railroad company Is arranging for the finr«hnu of 1,000 ytons of ateel rails for the improvement of that road. The state census board has instructed the saseszors that they need not imclude 8t. John probibitionists no greenbackers in thelr returns of the insane, To LeMars belongs the dist/nc'ion of possessiog the only chorch In the Unlied States whereln pr yers are cffered for Qaeen Victoria ss the head of a nation, Two spans of the wagzon bridge over the Des Moines river at Eldyville went down Sunday evening. The abutment had been crumbled by the ice and water. Dz. Ristine, of Codar Rapids, has per- formed another successful operation with the use of the new muriate of cocoalne, removing ver of etael from the pupll of a patient's eye, A prominent Das Moines minlster bas deoitfcdflw roller rink to represent all that is bad, as it leads the young t> the race course, the varlety theater, the gam- bliog den, perdition and the davi). Next., A graseyard job wes racently put up on the Waterloo L'fs Insurance company by Duobugne thirpers insucing & man near death s door, euffering en incurable diseas>, 1he expectcd] corpss sold th awind ¢, whish eventualy led to the ex He was nearer | pote. outregeous statesments were made In the Fromont papers which you sssumo to ba true, regarding the case in which I wa forced to figure as a parly, As to the firs: etatement ‘‘chat 1 bave fallen so low in tho scals of public and private moral- ity that 1 stand a godd chanee of being went to the ponitentlary,” 1 will only say that if the lite clique who have been persecuting mo in season and out of s son for the past two yoars had thelr way, nodoabt, but I would stand ‘“a good chance” of being sent there and without any trial either. As to ‘‘the motion for a new trial developing the fact that 1 packad the jury with my pals,” T will merely say that the jury in questlon was composed of such representativo men ss Fred *Meyer of Meyer & Schurman, wholesale grecors, . H, Alrls of the firm of A. M. Spooner & Co , and one of the wealthiest and most raspectable business men In the county. Charles Veasie, of the firm of Pillsbury, Veasle & Co. Claus Plamback, of the firm of Plamback & Bro., both of Fremont. The remain- der of that jury were all equally respect- able and prominent men upon whese gool name thers has never been a ehadow of suspicton. 1f I could have had the power to pack a jury there was not a solitary man who eat upon that jury whom I would have darad approach, nor do I believe oar connty contained w!a'th enough to have bought their unanimous verdict of not gu Ity unlees they belleved it in accordance with the law and the ev- idence. As to tae fast tha! I kept them saturated with Ilquor during the tria), it is Infamously fals>, and rests solely upon the slender foundation, {hat, befors the jury was drawn to try the caee | chanced to meet several of them in a respactable saloon and asked them to take a drink with me as I did my other acqusintances who were present. 1 mude no promisss of reward of avy kind or charaster, 1 did not even dis:uss the case in an any man- ner or way or seek t> bias the minds of jurors, or for that mattor of my friends and acquaintances, I felt my in- nocence of the charge would be proved P, | when the cate was tried, and I feit grati- fied at the verdict comiog as it did with— out discussion or diviglon. All I asked was for the press to leave the matter where It seems to me 1t should have been left, with the courts, for adjudication. In spite of all attempts to blay or preju- alce public opinion agalnst me, I was ac- quitted, and have no fear of the result when It again comes to trial. The new trial was finally granted upon the sfiida- vis of a man named James Murray, re talling *‘a cock and bull” story about a certain juror (who was not upon ths jury trytog the case at all) saying **he wanted toget on that juryto give Charley a lift,” and in_support of his “statoment claimed another person heard the remark made—both the juror and the person called on by Murray flatly contradicted Iis affidavit in every essential particular, but because this min Murray was county judge, and the other two men were merely private cllizens and no doubt influenced to a certain extent by the inslnuation, smut and ianuendo of the local pross, the judge granted a new trial, 1 presume niw trlals are fre- quently granted In courts of law and fre- quently are more cf an Injustica t), than a reproach of the party winnlng the suit. Finally, “‘that 1 will probably go over the road” I have this tossy: That I have lived in D ,dge county for the Jast sixteen year:; that I ~ have dome a good deal of bueiness (and by the way I am still doing a good deal), and during all that tima, I do not believe there is one man in this country who will say that I ever wronged or defrauded or lled about him or her In private or pub- lic; ard that something more serlous than thehate of a little ccterle of envious small bore politiclans will be required t> lower me In the estimation of my friends and nelghbors without regard to politice. In conclusfon, dear sir, I ask, and under the circamstances think that I am justi- fied in asking, that you now take some pains to assure youreelf of the facts of this case, ! and rake me thel] amende hoporable in the columns of your paper. Very truly, yours, CHARLES SANG, e —— The Herder's Lonely Life, St, Paul Pioneer Press, A gentleman who has for some {ime been engsged In herdisg sheep in Monta- pa, remarked to me that that soit cf life drives more men to msdness than almost avy other occupation. The dreary monot- ony ef the lfe, day sfter day and month af or month—the absence in 50 many instances of an: sort of companionship among men, wit only the bleak plains and treeless moun— talns for asoclation—has & mora paralyz- fng effect upon the mind than any amount of activity, It doas not seem to ba work that hurts men in that position o much as s npumbing Insctivi'y, The vast ranches in ontans and Wyomiog and ldaho, therefore, breed madmen or monomanfaczs, In pumbers sadly on the Incresse. It does not ssem to be confined to any one c'ass of ranch- men, cither. Broken-down business men who bave gone t> sheep raisiog or cattle ralsing to recover thelr fortunes; stadents and professional men who have gone to the plains to get health and strength, as well as those who are in a measure born and bred to that sort of & life—all are allke sueceptible toits mel- ancholy Inflaences It isreported as an undisputed fact that those territories named are produclng a crop of luratics eeart'ingly on the Increase. e — CANON CITY COAL, Wo are again In recelpt of a full supply of this popular coal. Prompt delivery. NEBRASKA FUEL CO,, 14 8.13.h 8t , next to Omahs Nav'l Bank,