Omaha Daily Bee Newspaper, August 15, 1885, Page 5

" THE DAILY BEE-SATURDAY, e - - AUGUST 15, 1885 i A nmw&ww&ww% T ‘) LINGOLN. Work on tte Siate Capitel and How it 18 Progressing, An Insane Patient at the Asylum Run Over and Killed, The Kire Warden and His Work— A Oountry Orank—Local Notes, AT TRE OAPITAL, THE STATE BUILDING, Approsching the state capitol building from ths wes: one is siruck with the #qaatty appsazance of that clevatlon, and upon getting nearor oracks, large jolnts in the masonery and other imperfect work s dlecornable. The contractor apparently f{a debilltated on azcount of the hot weataer, for there are but few workmen engaged oa the bailding, and things deag in » most pltiable manner. The lazy creak of the loleting machine is heard, and presently a box loaded with bricity is landed at the second story. The anclent Egyptians used etraw in their brick to hold them together, but those used In the Nebraska capitol are fa no way slmilar, A reporter attempted to plck one up but {t crumbled in his hand, Another effort resulted In the same way. The e tire box was gone cver and when the task was compleied thete was not s whole brick in tho lot. Thesa brick are wsed on the main portion of the structure 10w in course of crectlon. The stone is brought from S.ouv's quarry at Louis- ville, shaped at the psnitentiary, and {hen taken to the capitol and set in posi- tlon. The work ls done by convlets, and often mlstakes are made What practical workmen oall “jolats” in many {nstances at the capltol ate very large and uneightly looklng. Cracksin the stone, omsified foundatlons, and streaks tlieough many stones, mar the looks of its extorlor work and add to the !mpresslon that & good job {4 not belng done. The architeot, Mr. Wilcox, is not here much and he loaves the details to the contrac- tor. The contracior leavas the work to his foreman, and the foreman ls very lenlent with Lis men, One or two con- victs lazlly chip stone In the enclosure, two or three men holet the blocks np snd four workmen sot thom in place, They seem to bo content if they ars eot plum®, and thiok no further of it. Over the west wing windows two of the largest ones havo slready cracked, and very badly, too. ‘There Is a necessity for bat- ter work on the capitol and the proper persons should take Immediate sters to eee that 1t is done. A LUNATIC'S DEATH, As tho conductor of the local Wymore freight traln was check'ng up his cars at 4:30 o'clock yesterday morning, and af- ter the traln began to move, he eav tho form of a man lylng across the irack. Signaling for the englneor to stop he drew the man ou’ from In uunder tha cars, but not until another set of trucks had ran over the man’s inanimate body. ‘When picked up tho man was quite dead, the wheels naving run over the trank of his body, litterally cutting him in twain. Upon inquiry it was learned that the dead man was named Brooker Pickerell, and was a patlent at the In- savo asylum. Inquiry at the asylam failed to elicit much informstion, the officials there even being unabls to telt the man’s given name The doceacd came to the sasylum from Soward some four years ago and wasa man about . thirty yours of age. Hoe was married and had several children, Before his incarc:ration he made several attemp's to commit eulolde, and when recelved at the asylum had & wouud in his left elde, made durlng ono of those attompts at nelf destruotion. A Mr, Brown, formerly an_astendant at the anylum, and who uvsed to dress Plckerell’s wound, says that ho was & ely person, and always Intent on gotting away from the nsylum, Ho eecaped during the ex- eroize hour, bat tho aitondant gave no notlcs of his disapposranc:, Tre body was taken to Rober's undertaking room, where tho coroner held an inquest, fiud- ing a verdicy in accordarc) with the facts here glven, R latives at Seward have been relographed to, and have signified theic fntention to have the remalus burled at Seward. DISEASED STOCK, Dr. J. Garth, the state veterlnary gur- geon, 18 In Lincoln, and actlvely engsged in his officlal duties, Yeaterday morning Yo killed o glaudered horso fn Linsoln, snd hes severa! others in view. He finds that there is much less sicknes wmong horses than was fieat tusposed Cattlo and hogs will next ongsge the sur- geon’s attontion, and he expecis to find waore sickness among that kind of stock than among horses. DEDICATING A CHURCH, Next Sunday the new First Methodist church, at the corner of Twelfth and M stroets, will bo dedloated with appropriate services, At 1l o'cleck In the morniog services will be conducted by Rev, MecKalg, assisted by Bishop W. F. Nixd, of Topeka, Kansas, The music will ba exceptionally good, and as the services will be mors than ordinarlly itaprassive, there will doubtless be a large assemblage of pecple. Upon next Monday evering there will be a reception held a'the resi- dence of the pastor, upon Tuesday even- fug there will be a musical at the church parlor, upon Wednesday evening there wlll be preaching, upon Tharsday oven- ing there will be preaching and also upon Friday evenlng, upon the ensuing Sun- dsy Bishop Bowman, of S5 Louls, will preach, A CBANKY COUNTRYMAN, A man named Lumuzer, liviog ou’ fu the country teveral miles, and who bas been arrested soveral tl foslsts on creating disturbances in his neizbbor. morning Ohief ot Police Beach was notified by telephone that Lomtzer bad shot at & weman living in his nefghborhood. He was arrested by the csptaln and now lles in jall. No esuse appears for the shooting, as the lady, whote natve was not learned, ls peaceable, and the man went without the slightest provoostlon, police say that be I8 somethiog of a crank snd lr, moreover, a dengerous chaMoter, THE FIRE WARDEN, Fire Warden Nowberry Is actively en- gaged In his dutlcs, and every day files complaints sgalpst delinguent persons. Refuse, bullding material, and defective walls engage his attention, snd he ls de- termined to execute the duties of his cflice mccording to law. Seversl business men who have been notlfied have failed thus far to comply with crders, 1f they do not do so within the next two or three days they will be srrested and fined. LOCAL NOTES, ‘This evening Meesrs. R, D. Stearns, prosecuting attorney, George Valentine, George Spencer and C. B. Beach wliil leave for an excarsion to Denver, It ls oonfidently stated that they will take along the remains of the late clam bake st Miiford, they belng thbe principal members of the clam bake club. The gontlemen will retarn in abont two weeks, There are neversl varties here who are making np & man of Lincoln, and they will prepato a bird’s-eye vlew of the city wlith the fale grounds incladed. William O'Shea, of this olty, sold a setter dog to a party In Cheyenno five weoks 80, and on Tussday the dog re- turned to his former owne#, and looked a8 though he had footed it all the way back, J. B. Diosmore, presldeat, and B. W. Farnas, socretaty, of the state falr, have been in tho clty for a fow dagn in the in- terest of the falr. Thicty tona of leo will be used on the ground datly. D. B. Welpton, adjuster far the Ne- braska and Jowa insurance company, was in the city yesterday, looking afier a couple of lozses a fow miles from here, LINCOLN PERSONALS. J. F. Kennedy, York; M. H. Christy, Sterllng; 8, 8. Jones, Beatrice; J. H. Betzer, Seward; J. W, Oalley, Beatrice; R. T. McGregor, Holdrge; A. 8. LaJevre, Bestrice; L. K. Holmes, Wahoo; Henry Fay, York; Gus States, Valparatso. ere— e Lore. Yesterday L J Medsy & Co commenced sult {n the district court to recover on an account of $420.64, alleged to be due from Kd. Maurer & Co. Mrs. Detwiler, an execotrlx, com- menced eult agaioss Loutaa C. Walter, Frank Walter et al , to recover judgment on a note and mortgage. Mathewson T. Patrick filed a petition In the distrlot court yesterday praying for a wrlt of mandamus agsinet the Omaha horse raflway company compeliing them to operate and run their streo’ cars over thellne of track extendlog west on Lake stroct from Saundera street to the iater- gectlon of Lake with King and upon the Hue of strest extending north on King etreot to the intersection of Lako and King streets, Judge Nevillo granted the mandamus, and the wrlt was served on the company las: evoning by D.paty Sheriff Crowell. The order instrac.s the car company to rua {ts cars upon said Lake and King streets ia connectlon with and in tho snme manner as they operate thelr cars over Eightoenth and” Ssunders straets with which this line connscts, In casa they refuss to obey eald order the company is commanded to appear befira Judge Nevllle August 22, and show canze why they ehould not. Albert Flomming va.the Omha Pla Due- tache Vereln,ls thotltle of a new suit com- menecd yesterdny evening in ths district court. Plalutiff belng a momber of thle soclety, deslres to be oencfitted in the sum of £40, the amount he claims duo him as an allowance whilo he was sick. COUNTY COURT, Before Judge McCulloch, yesterday, argument of counsel was heerd in the habeas corpus case brought by Elizabeth Strapoit to recover possession of her elght-months-old daughter, which she alleger 5 molanfully detained by Mrs. Albertine Delicorn.” Mrs, Strapoit, in her petition to the court, eays she had placed the child ia the care of Mea. Drlf- corn, as she was unable to care for it herself, and had paid for its care at the rate of 3 per week. For the last two months, however, Mrs. Drifcorn hed re- fared to take any pay, seying she had becomo attached to the child azd in- tended to keep 1t. When cil'ed upon to return the child to Its mother the retused to doso. The potition also zsks that tha ehlld bo brought into cour: and cause shown why 1t should not be dellvered to its mother, Judge McCulloch will ren- der his declson in the morning. e eem— PERSONAL., Dr. Childs, of Lincoln, is in the city. L. E. Hicks, of Lincoln, guest, Frack A, Carleton, of Boston, is at the Parton, is a Paxton A. J. Poppleton and wife have returned from the east,. Mr, and Mrs, 8, D, Barkalow havoreturncd from Chicago, 0. W. Lyman and family, of Salt Lake, are at the Paxton, £ 11, Breed, Kaneas City, H. L. Wilson, Towa City, aro at the Arcade. Gen. Cowin returned from Spirlt Lake this morning. His family will remain at the re- sort scme days longer, Tho home of I F. Morlarity is brighter yesterday in the advent o a young lady visitor wiho has come to stay, W. J. Connell loft yesterday for s two week's esstern trip. During his absenc Judge Like will attend to the duties of city attoroey. ¥. H. Koesters, of the Burlington & Mis- souri freight suditing offize, who has been ill for somo time, left for Iduho Springs and Manitou, Col,, last evening, Charlie Lane, the popular agent of the Union Pacific at Biue Sprinze, Neb., is in the city. He is on his way to Mocklar, Sheridan county, where he has a ranch and a fine lot of stock, At the Metropolitan: Willlam W Bride and wife, Mra 10 McClaln, Riverton; F M Kenderdine, Lincoln; J Keppel and wie, Blair; Mrs J Blom, Creig; A L Root, M D, Weeping Water; A H Byrum, Riverton; Jawes Chase, Plattsmouth, Neb.; B E Wells, Geo Seuller, I Lichey, Creston, 1s; Henry Schuelboff, Reeding; C B Wall and wife, Marshalltown, Ia. R R Satherland, Grand Island; J F Boyd, S McAaughlin, Bradford; ¥ D Brown, Kala- mszo0; A Roberts. Rising; 10 E Leonard, David Oity; O K Gravger, Lexington, Ohio; W W Lotts, Tekamah; G H Kineald, Sioux City; C Orcutt, Stuart; E A Pier, Fort Wayne, Ind; C M Huat, Lincoln; J B Smily, Milford; H Smith, Friend; D M Simpson, Altons, are at the Usnfield, - — The Smith Stock, It was antloipated that yestorday the bids for the Smith stock of goods would ke opened and pas:d upon by Judge Dandy. A telegram, however, recelved yesterday from the juige states that he is now in Falle City and that court standa sdjsursed until Mondsy st ten o'clock, at which timo the bids will bs opened. The bids are soveral in number acme wlx or saven biing now in the hands of Recelver Woolworth, Farther bida will bo recelved up to ten o'clock Mondsy meraiog, e — DIED, ANDRE —Avgust 13th, Charles ', son of Mr, and Mrs, G. A, Andrecn, azed two years and six wouths, Funeral from their residence, cornor Six- teenth and Hickory street, Saturday, August 15:h, 8t 2 p.m, Frieads of the family in- yited, RAILROAD NEWS. The Omaba Catlls Trade and Commis- sioner Faithorn's Decision. —_— What the Ohicago Papers Have to Say Abont It—No Ohange in the Ruling Yet Made, Yosterday morning’'s Chaleags Times had the followlty in relation to the Omaha cattle trate which will bs read with considerable interest In railroad and cattlo circles: “A gpecial dispatch to the Times yes- terday stated that the cltizens of Omaha wore very Indignant over Commls- sloner Faithora's recent decisfon. It doubtioss reforred to the matter ex- plalned in Wednesday's lesue, relatlve to the llve stock traflis, and the advantages beretofore enjoyed at that place in mar- keting cattle. Under the old rule the Burlington & Missouri, Sioux Olty & Paclfic, and Union Pacific were given the benefit of the through rate on all cattle shipped to Omaha which, not belng sold, were roshipped to Chicago. It was a very pretty privilege, that market being allowed to absorb all that it could take, and send the surplas eastward. The Indignant cltizens are wasting their ire up to date, as no change has yetbeen made. Commissioner Faithorn, to whom the matter was re- ferred, went to Omaha, looked over the sltuatton, and upon his return merely recommended & plan to the managers embodying the features alrendy set forth. It is for the latter to say whether the plan will be put Into effoct, and thelr de- cisfon will not be given for a week or more. Should they fall In with the commissloner’s views, then it will bs timo for a howl from Omaha. They for- get that they are asking for what is rank dlscrimination, and a concesslon that no other polnt In tho country en- joys. Omahn is not on the ~direct through line of elther tha Burllngton & Miesourl or the Slonx Clty & Paclfic, and stock shipped over those roads must be diverted. To demand that cattle shall be sent to Omaha over these roadsand then, If not sold, get the benefit of a through rate, can not bo askedin jastice, and tho only ground it can be put fon is one of favor. If the monagers see fit to linten to the appeal that fs their privi- lege, but to abuso tho commlsrioner for a recommendation fo woll grounded in justlcs is a very foolish thing to do.” THE I0WA POOL The meeting of the superintendents and offisials of the Counc!l Bluffs lines, held & that placs Wednesday last, was not & grea' auccess in the way of results, eays the Chicago Times. At a previous meeting, held for the purpose of arrang- ing for better transfer facilitics, the Bue- lington was admitted to the privileges, and a commlttes appolated to report at tho noxt meetlng in regard to the divi- alon of expenses. That body r:commend- ed it be made on the baeis of the number of cars handled. Thls wasnot satisfactory to any of the rcads except Wabash and Burisngton, and the report was laid on the table. The other roads were in favor of an equal divition withoat regard to the number of cars. No farther action was| taken. Then the superintendents met ond attempted to arrange o schedule for ranning live-stock tralns on all of the roads, a subject that has been agitated for months past. There was a long dis- cassion, which ended in a disagreement, and the roads will in the future, as in the past, ran thelr trains without any refer- cuce to any system of the other roada. LUMBER RATES TO OMAHA, Ia reference to the proposed advance in lomber rates to Council Bluffs and Oaohs, mentioned in these colamus, 1t is underatood that all of the roads interested have agreed to it, and a joint tarifl will be 1ssued between August 15:h and 20th, patting it fnto effsct. _The rates will be, from Chicago and Peoria to Couacll lufis and Omsha, 18 ents per one hun- dred pounds. PERSONAL AND GENERAL, The presenc at St. Paul of Thomas L. The stone from Joliet will have t> bs trimmed before - belng placed In the building and as sojn ss men are put to work on It the union will im. medlately pronouncs It seab work and oall out the bricklayers with whom they have a compact, While the men clalm that the stone used on the B, & M. building is the pro- duct of convict labor, Mess s Balley & Ols:n, the B, & M. contractors, olaim that it {s not, bat that the cause of the dissstlsfaction Is bocansa it was gotten out by scabs or non-unlon men, SEAROHING FOR SMITH, Another One of the Numerons Smith Family Missing—Hia Wife cn Bis Track, A lady holdlng a babe In her arms, with & half-mournful, half-mad expres- slon on her face, attracted the attention of a Ber reporter yesterday afterncon. Her manner indisated that something was up, and the newapaper man scented nitem, The lady was standing at the entranoce of the Women's Chrlatlan Ald association, when the scriba boldly faced her and proffered her his services in helplng her out of any troublo she mlight be in, so far as he could. Pressed to tell hor story, the lady madea statcment, substanilally as follows: Her name s Mrs, John M. Smith. For three years she has lived with her huaband in Bloomington, Illinols, On the 4th day of August she bade him goodbye, he oatensibly board{ng the tzain to ¢ me to Omaha where he intended to buy s restaurant, He had $400 on hiy pers m, and thought hecould sovn estab. 1t himae!f i busiuess, 80 as to bs able to send for biy wifs and child, Mra, Smith has rot hesrd @ word from him since, and she has coms to Omsha to look bim up. Mrs, Smith is perfectly In the dark as to what has bacome of her spouss. She Is loth to believe that he has demerted her, and does not Itke to entertain the iden that he has come to gelef. Mis, Smith dessribes her husband as a man five feet six inches In height, with dark hair and & Jight brown mustache. Ho has a peculiar ecar on his forehend. She hes bazen to all the hotels snd restaurants in ber search, but has falled to discover any traces of her loat hus- band, The pollco have been informed of the matter, but have ss yot falled to dis- cover apy clue to the man's where- abouts, SUPREM COURT DEOISIONS. State ex. rel, Mattoon, Railroad compavy, lowed. Opinion by Cobb, Ch. J. 1. The common law rule, requiring common carriers, by land, to make per- wonsl dellvery to the coutignes, has besn 80 far relaxed as regards railways from neceesity as in moat cases to substitute In place of pereonal delivery, & delivery at the warehoute of the compasy. Bat this is upon ths ground that a railway has no means of delivery bayond ity owa lines. Vincent va, The Chicago & Alton Rail- rond compiny. 49 IIL. 33. 2. In consequence of euch relaxation, and in con:ide:ation thereof, the co-rela- tive duty devolves upon rallways as com— mon cartiers, to furnish and maintain suitabls warehouses or depots, at all ap- propriste polnts on their lines, for the receipt and diecharge of passengers and freight. 3. The right to build and operate a rallroad, and to chargo and tuke tolls and faresis a prerogative granted by the state. Publlc ulity s the considera- tion for snch grant. Although in the hands of a private corporation, it ls etill a sovereign franchiso snd must be used and treated as such; it must be beld in trust for the general good. Ia the wus of such franchise, all citizans have an equal Interest and equal right, and all must under the same circumatances, be treated alike, without unjast discrimina- tlon, 4, The duty thus Imposed, growiog out of and resting upon the principles of the common iaw, may be enforced in the absence of statutory requirement. Kimball, general trafiic manager of the Union Pacific, started the rumor that a vew_deal was to be made with the North- ern Paclfic on the Montans mioing bual- ness, The Jatter road s looking long- ingly toward Batte, the most prosperous mining town in the west, and is anxious to secure & bigger share of the tzatic than It is getting at present, but the Ualon Pactfic will not let go without a struggla. About one thousand tourlsts have visited the Yellowstone park this ssason, and about a8 many more are cxpacted to take advantage of the excursion rates befora the season closes. H R. Merriman,of Marshalltown, gov- ornment direstor cf the Union Pacifis, 18 In the city. George H. Daniels, of Denver, pool comminsloner of the westera roads, went oast last night, STONECUITERS' STRIKE, Drexel & Foll's Men Go Ou For a Day—The B, & M, Building the Cause of the Trouble, Thursdsy the stonecutters em- ployed by Drexsl & Foll, the Jones street contractors, dropped thelr tools and left the yards on account of an order to striko from the stone-cutter's unlon, The B. & M. headquarters was the cause of the troubte. It scems that Drexel & Foll by an order of the srchi- tects, had taken some of the stone which was to be put in the B. & M. bullding to thelr yard to be drassed. When the men wero aboutt) commence the work of drisslng, they dissovered the marks of convict labor at Jolist and thay refus:d to touch the job. The cauze of this action {5 & clause fn the constitation of the stone-cutters’ union whlch reads ts follow: **This association will not sanction the introduction of cut stone from any state prison, nor will any of fta members be allowed to work, fit, or io any way con- tribute to its Introduction,” The men were out all dsy Thuraday, and stoight they held s mecting at Turner hall, Messrs, Drexel & Fiol made a slatement to the men that they supposed, from accounts published, that the trouble with the B. & M. ballding had been setiled, and that it was not thelr Intentlon to antagonfza the unfon on this poin, They also agraed that in the foture they would have noth- iog todo wlth any contract or work fn which material produeed by convic: labor was employed. After hearing tho state- wents of the firm, the stonecutters oou- eledsd {o return to work, ard yesterdsy woralug they were all in their places. ~ Mombors of the uafon ssy there ls liab'e to be trouble at suy mipute on the Burlington & Missourl bullding, Real ve. Hollister, error from Fillmorecouaty, Affirmed, O pinion by Raese, J. 1. In an action upon the covenants of a warranty deed for a breach of warranty, proof that the real cstate conveyed was a farm recently before the execution of the deed purchascd from the owner In pos- sesslon and soon aftersards sold and con- veyed to another person there beiog no adverse claimant cr assertlon of adverse title, by sny cne, the abioluto right, title and possession being conceded in the grantor to the last conveyance, Held to be sufficient proot of posseesion by the grantor, prima facle, to justify the trlal court In findiug that as the timo of the execution of the conveysnce the grantors wers In possession of the land and the covenants of werranty contalned in the deed, run with the land. 2. 'Where on the 24th day of June,1879 upon the eale of real es:ate the convey- anca was by deed den>wisated* warranty deed,” upon 1its face, but which deed wis of aform in common usge in some of the s:ates 25 & warranty deed, but not of the form used in this state where on the 14th day of February, 1880, the grautor exe- cated and delivered to the grantee a deed of conveyauco of the form and kind in common use In this state contalning full covenan!s of warranty, it was held that such facts were sufliclent to justify the trial court in an action commeuced on the 8:h day of Dacember 1883, in finding that the second deed was execut- ed for the purpsss of correcting the ap- parent omiesion in the firat one, and that the covenants of warranty of title run with the land and would convey to the grantee the rizht of the grantor to the covenants of his grantor. 3, Where in an action against two de- fendants charglng them with the making end braach of a jolnt watranty in the salo aud conveyance of real estate the evidence is suflicient as to the other de- fendant, the verdict and judgment belng egalnst both, eud the one against whom the evidence was ineufficient made no motlon for a new trial as to himself alone, the jadgment wlil not be dis- turbed, 4 Under the the provisions of the ast of the legtslature of 1871, commonly known as “The marisd womsn'sact,” (Comp. State, Ch. 53), 8 married woman ia lable up.n her covenants of warranty in the sale of the real estate which is her separate property whothoer she be joined by her husband In such conveyance or not, section 48 cf chapter 73 Compiled Statutes bsviog been paswed in 1860, being by said ac: abrogated. 5. Whero In action upon tho covenants of warranty of title contained in a deed of conveyancs of real estate i5 is shown that a decres in cquity has been entered #gainst the grautee, and plalotifi, sotting aslde his title snd declariog toat he held a3 trustee for the plain'iff in that actlon and requiting a conveyance tosuoh plain- ufl, and whero after such decree tho pllifnlm In the action conveys the land to a third party who, in an action of eject- ment, recovers judgment against the pressnt plaintiff for the postession of the property. Hold, sufficlent proof of eviotlon, AT THE FORT. The Successful Markemon Reoeive Thelr ¥rizss Specch—A Large COrowd Present, There was a latge crowd In attendance yesterday afternoon at Fort Omahs to witness the grand finale of the depart- ment r'fls competition which has been in progress for tho last two weeks, The entlre garrison tarned out on dress pa- rado to witness tho presentation of the prizes to the euccessful competitors. The presontation speech was mado by General W, P. Oarlin, aftor which the prizes were distributed to the mon, as followa: Sergeant J. W, Weeks, Company E, Sixth infantrg—first, U. S, gold medal; second, U. 8., sklrmish medal; third, Gen, Howard’s moedal; fourth, veteran's wedal; fifth, Fifth infantry medal; sixth, Newman medal. Sergeant R, H, Stevenson, Company G, Seventh Infantry—Raiymond gold medal. Corporal F. W. Benjamin, Company F, Sixth infantry—gold watch by Ed. holm & Erickson. Private W. 0. Smith, Company F, Twonty-first infantry—Max Moyer gold watch, Sergeant Arthur Hayes, Company 0, Twenty-first infantry—Omaha press prize, a gold watch, Unlon Paclfic rallroad prize, a hand. nome water set. This was the regimental team match at 200, 300 and 600 yards, and was won by the Sixth infantry team, composed of the following gentlsmen: Lieutenant Z W. Torcey, Sergeant .J W. Wecke, of Company E, Corporal F. W. Benjamin, of Company F, and Pel- vate James Manning, of Company B, The score wis 4902, $8The Chicago, Milwaukes & St. Daul rallrosd prizy, & most beautiful bronzs clock, in the regimental teym exlrmish match, wss also won by the Sixth In- fantry team. The following gentlemen make up the tesm: Lieut. Z. W, Torrey, Sergt. J. W. Weeks, Sergt. Jamos Sedore of Company H, and Private Jamos Mauning. The score’ was 578. As cach man’s nsme was called he stepped from the ranks and received his prizs, tozether with tho blessing and bast wishes of Gen. Carlin. Col. Henry asted os secretary of the occaston, —— A Beauty in Tears, Annie Cole, the younz woman arrested at the Instance of K, B. Carter, for theft, was relcased from cuslody yeater- day afternoon, Mr. Carter refusing to push the prosecution. He and the glrl's friends thought that it would only drize the girl to tho bad to have her obtain any court notorlety. It is pretty certain that the young wcman stole tho bracelets which were found eowed up in her bustle. The lons of the valusble gold madal which has bsen miesing for some time, has not been traced to the girl, and Mr. Carter Is inclined to believe that the glrl did not takelt. ¢No, 1 don’t want to talk to you news- paper men,” sald Annlo this morning to a Bee man who dropped in to buzz her for & moment. “‘I wish you would go away.” Annis is a pratty brunette, with a rather Intelligent face, and as she eaid this her eoft black eyes were eutfused with teara. The young lady seelng that ths reportor was inclined to be eoftened by the water treatment, ylelded onough from her origlnal Intentions to say “Iam not gulity of any crime, and that {s all there is toit. Why they should want to prosecute me is more than I can ses, mamma will hear this, and oh, my ! what will she sap?” And Annie buried her face in a dsinty handkerchlof, and gave away to unrepressed emotlon, The girl has been in Omaha about three months, and came from the Blufls, whera she has friends. ——— —G. P. Eyans, o pugnacious Englishman, who had just arrived in the city direct from London, began to act in a bolsterous manner in Riley & Dillon’s saloon on Douglas street last evening, He threw bottles around in a lively manner. and when an officer arrived to arrest him he mado a strong resistance. With outside assistance, however, he was landed in 1 the city jail, from which he was released on bail to appesr for trial this morning, Ha was accompanied by a couple of friexds, the party being ou a hunting trip in the far west, of o —v— . Harbor Hill, at the head of Hempstead bay, is the highest point on Long Island, It is 334 feet above tide wate: TUT 'S et e e e e . 25 YEARS IN US fho Greatest Medical 'l‘rlnmeh of the Age YMPTOMS OF A TORPID LIVER. t.ossof appotite, Bowels costive, Pain in tue head, wirhs ‘o dull sennation in the back part, ¥aiu under the should blude, Fullness after entlng, with n inclination to exertion of body or mind Irritability of temper, Low spirits, with afeeling of having neglocted wonse duty, Woeariness, Dizzineas, Flutt fleart, Dots beforo the eye vver the right eye, e Gtful dreams, Highly col ONSTIPATION. TUTT'S PILLS ere especially adapted to such cases, one dose eflects such o bange of feeling as to astonish tho They Knerease the Appetito,nsd body to Make on Eiest, tiis'tie o Dlgesth rrmiuewl i 4’4 Murray Ne. NV, TUTT'S HAIR DYE | " GRAY HAIR or WHISKERS changed 10 © GrossY Biack by a stuglo application ol . 1t inparts & vatural color, Rot: instantaneously. Sold by Drugglsts, o aent by express on receint of §1. ~fice, 44 NMurray St.. New York, Apollinaris NATURAL MiNERAL WATER “lssues from a spring deeply embedded in a rock, and is therefore of ABSOLUTE OKRGANIC LPURITY Oscar Liebreich, Regius Professor, Unirersity of Berlin, “The only warer safe for the traveller 1o drink is ¢ NATURAL MINERAL WATLRY Sir Henry Thompson, F.R.C.S. Lond, agland, ANNUAL SALE, 10 MILLIONS, Of all Grocers, Druggists, & BEWARF OF i Min, Wat, Dealers. IMITATIONS. LIQUOR AND LAW, The Mayor’s New Order and Some of 15 Altondast Resnlts, Prominent Saloon Men Arreated on Complaint of the Marshal—A Wordy War Between Ofiicialn ~The Mayor's Opinion. Tho crder by Mayor Boyd cloalng the saloons at midnight still contlones to be an Interesting tople In polles and other olrcles throughout the city, and many opinions, pro and con, have been ex. preesed regarding 't. While nearly all of the ealoons have given strlet heed to tho new order, 1t {s claimed that one or two places have evaded complylng with: the law by the use of varlous doevices Marshal Cummings, slnce recelving the order from the meyor, has expressed hls determlination that it ehall be strictly en- forced, if it fa in hls power to do mo. Alrendy one ealoon-keeper, John A. Woods, s under bonds to ap- pear for trlal in Septembar for fta viola- tlon, and yesterday afternoon, on com plaint of the marshal, watrants were fs. sued for the arrest of Honry Hornbarger, who owns, the mloonat 1319 Douglas sirset, and 0. 8, Higgins, whose ssloon and rostaurant {s oa the corner of Doug- 1as and Twelfth stroote, The ofticsr in whose hand the warrent was placed found Mr. Hornberger at bia placa of bueiness about 8 o’clcck yeater- dvy afternoon_and merved the paper They procseded at oncy to the police court, where they were met by Judge Stenberg and Marshel Cammings, Mr. Hornberger was Informed by the marshal that the ground 01 which the complaint was mads was tho keop- ing of the curtainy of his saloon tightly closed, thus concealing the interlor of the place from the eyes of the polica, which 18 contrary to law. He alto stated that tho belief was expressed thar, under cover of the curtalne, liquor bad boen sold after the hour of closing. Mr. Hornberger replied that he had sold no liquor after 12 o'clock einco tho new order went into eflect, and that the only resson ho had kept his curtains down was because he was constantly bothered by peopls on ths onteide who mado effor(s to enter the place as long as light was ehining through the windows. He eald thet if the marehal would keep his doors clear of thess peopls he would willingly expose the intezfor of his saloon to view. This tho marshal agreed to do, and on Mr. Hcrabarger’s promiso to let bis light ehino forth in the fatare he wlithdrew the complaint The warrant for Mr. Higgios was not served npon that gentleman until about 8 o'clock last evening, as he could not ba found until that time. The ground on L am eo afrald that my | go, which the arrest was made was stmilar to that in the Horaberg r case. Mr. Hig- glos accompanicd the officer to police headquarters, where A LIVELY SCENE ensued. Judge Stenberg and Marshal Cumm'ngs were bsth on hand. When Mr., Higgios put in an appearance Judge Stenberg called him asde and a long conver:aton was hold. At its close Mr, Higgins started at If to leave, when the marshal stopped him. “‘You are under arrest and can’t leave here,” sald Marshal Cummings, *Yes he can,” eald Judge Stenbarg; *‘I have released him on his own recog- nizance.” ‘It don't make any diff’.rance,” inter- rupted the marshal, “what you have do:ag. 1 haven’t taraed him over to you yet.” “I am the judge here,” exclaimed Juq,gu Stenberg, ““and Mr. Higgina can ¢‘No he can’t; he has got to stay here or furnlsh bonds,” safd the marshal. * How do you expect me to eaforce my orders if I don’s receive any support from you.” ““Well,” said the judge, “never you mind; Mr. Higgins can go.,” And Mr. Higgias departed. Both men were quite exclted by this time, and Marshal Uummings exclalmed: “‘Remember, Jadge, I hold you responsi- ble for thls.” . “‘All right, hold away,” answered the judge. ‘“‘That’s all the good it will do you,” THE GAMBLING HOUSES, Marshal Cummings stated that the case of Mr. Higgins was a peculiarly aggra- vating one, as he not only screened his bar-room, but kept a man watching the officors. Inslnuating remarks would also be mado when cfficers were passing the place. He expressed the bellef that Hig- gins slmply transforred his bar from the first to the second story after mic- night, acd that In the clozed rooms above liquor was freely dispenscd, “‘If this state of things continues,” sald the marehal, “I shall order gambling rooms situated over ealo:ns to close at midnight,and see If that will not have the denfred effect, 1t is In these rooms that | I believe the liquor fs sold.” BAWDY HOUSES AND LEER, In atalk with Mr, Hornburger, that gentleman eaid: *'I don't see why it fs that disreputablo houses throughout the city are allowed to sell wino and beer at exhorbitant prices all night long, and without sny license, elther, while respect- able prople, conducting a legitimate busi- near, are obliged to clcso st midnight, Why I have eeen csso after case of beer delivered in front of bawdy houses day after day, and it s all dispozed of at & dolla; ottle, Why don’c the mar- ehsl shut down on tham?” When tpoken to In the natter, Marshal reference to Commirgs | eald that if some one would only make a complaint sgalost these places he would cnly bo too glad to close themup. As the matter now sfands It {s impotsible for the officers themselves to secure testi- mony euflicient to cause a conviction, WHAT MAYOR BOYD SAYS. In a converaaticn with a reporter of lh_r:i Bee on the subject Mayor Boyd sid: *L 1 not aware that any Lquor bs ba- ing 8.1d snywhere In ibe city by persons who have not pald for that privilege, and itis thodaly of ths marshal to sso tha! all parties comply with the provieions of the ordinince, The maishal 18 not ex- pected to enter houses unless he Las res- ton to belleve them dlsoiderly, Mr. Horberger or sny other citizen has the privilege of making complaiot agsinet them, end if made thoy will be dealt with sccording to law.” Tho msyor further sald: *‘My Instroc tlona to the marehal are that sll saloons shall be closed at midofght and that no intoxicating liquor stall be sold between that hour and 4 o'clock a, m, Iam of the opinion thet the propristors bave vight to keep thelr curtalns down after 12 o'clock,” I regard tothe closing of saloons on Sunday the msyor eaid tuat if to all ep- pearanoces they were oloted 1t would be satisfactory to him, AT MIDNIGHT Inst night a1 the ssloons closed thoir doors, but Mr. Higgios' windows were entirely obtonred by curtains and the Intetior of the barroom was hidden from view. e t— London dealers i b'rds re when the hion was at its helght, a eingle consignment ,000 humming birds, and at ove time re- 130,000 aquatic birda and 300,000 wings, T SR TR R TEST YOUR BARING POWDER T0-DAT! 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