Omaha Daily Bee Newspaper, February 2, 1886, Page 8

| ] -~ THREW 1T OUT OF COURT. * Judge Wakeley Renders an Important De- cision 1n the McCormick-Paddock Uase, . FIRST DAY OF THE TERM The Great Grand Jury—Fatally In- jured While Consting — The Ticket Raisers' Trial-A Military Romance, Ete District Court Opens. At 10 o'clock yeste: y morning Sheriff ~ Coburn arose from his seat in thed court and called out in impressive tones, “Hear ye! Hear ye! Hear y The session thus being opened accord- ~ ing to ancient custom, Judges Wakeley and Neville declared the court for th February term once more ready for busi noss. The room was full of lawyers, ‘anxiously awaiting several decisions which were to be rendered. Both judges handed down some mter- esting decisions, the most important of which was that in the McCorumom vs. Paddock case the demurrer of the defendants to the petition of the plaintiffs drawn up by Mr. Ambrose, and thus practically threw the case out of court. ¢ understand the importance of ~ this decision, it will necessary * count a little history. In 1869 Mary Ann Harrington and G Smith were owners of a large tr: Jand in northwest Omaha, comp gome eighty acres, now known as * E addition.’” In 1869 Mr. Smith applied for - and obtained a decree of partition so that ~ his_share of the land could be svllx 3 ated from that of Mrs. Ha 1ington’s, which amounted about three-eights of the enti perty. The committee of :||>|n ap- inted to divide the land decided that e tract could not be cut up without E injuriw its value, and recommended that Mrs. Harrington’s share be sold. This was done and in the latter part of 1869 it was bought by Mr. Smith, who thus became sole possessor of the tract. In that same y rrington died in the insanc N.IY4 Mr. the ot ards divided up nce then ons, which ha ht in by various parties. Some time ago Mrs. J. S. McCormick bought up the title of Mrs. Harrington to the property in question, and four months ago brought an action in the district eourt to set aside the decree of partition ‘which had b obtained by Mr. Smith seventeen years before, so that her title to threc-eights of the property might be declared unclouded. This action was bicught against some 70 defendants, the principal one being Senator Paddock, Who owned the largest share of the prop: erty in litigation. 'T'he attorneys for the defendants promptly entered a demurrer to the petition of Mrs. McCormick on the grounds that the 0 tions barred out her Wwas a gen ta uim and that the of equity in her suit. Judge W decided yesterda that the demurrer was based on good and sufticient grounds and fully sus- tained it. This action will have the ef- fect of throwing the case out of the court of this district. George Am- brose, esq., attorney for Mrs. McCor- mick, will appeal the case to the supreme eourt. VALUABLE PROPERTY, Twenty years ago Emma Wi sometimes known as Emma Da the leader of the demi-monde in this being the proprictress lis ment nearthe “Military Bridge,” whicl was at that time the most notorious place g! its kind in this whole western country. he became badly involved in debt and to raise money, gave toa man by the name of Levy a mortgage on two ots which are locates at the mion Pacific depot, and are now worth $15,000 or $20,000. This ){ropm‘l was afterward foreclosed by Levy. ars afterward a man by the name of Fulton bought up some kind of a title to the g:'operty rom the Williams woman, and stituted proceedings in the district court to have Levy's sure sale de- clared illegal, “on various technical rounds. Under the title of Yulton vs. vy the case has been pending for some time. = Yesterday the court disposed . of it by deciding that there were no grounds for Fulton’s action, and the fore- closure sale under the mortgage held by Levy was valid. The Grand Jury. The county building presented a lively appearance yesterday afternoon. Corridor and court room were full of oflicials and interested spectators to witness the em- panneling of the grand jury. Court was convened shortly after 2 o'clock, Judges Neville and Wakeley on ~ the bench, The petit jury was called, and four offered excuses for not serving. Three of these were excused: Henry “Pundt, Andrew Mockclmaun and Jacob - krank. The jury was then excused until to-day morning, and Judge Wakeley * retired to the judge'schamber and called the docket. ‘When the grand ([l y was called every ' juryman responded to his name, but only one stood up when the question was “asked if any moember wished to be e: ,fl:ued. This was BB. Gordon, whose bus e85 was of such a nature as to require . his constant attendance. Judge Neville \ however, refused to excuse hini, - Whon the name of Peter Cross was ‘ealled Peter Gross responded, Judge Neville's attention was called to the mat- o0ss explained by saying he s the man referred to as The judge thereupon dis- chavged him and ordered a new juror ary as it now stands is composed as follows: J. L. Shiv Alfred Buarley, Alex Black, R E. s, Ham- ronce Dugan, Jesse. Osterhoup, linton, Collins Jordon, J. \{'. s Rudowski, B. Gordon, A, B, Lavett, Ed. Walsh, J. H mont. They ired, and aff Alfred Burley foreman, were di ghirged until this morning at 10 o'clock, . Asthe jurymen sat in the box, thel ,Poh went & long way to confirm_the strietures which the BEE has seen fit to pul upon them, A prominentlawyer and judge who i rked to a reporte - “I have seon worse looking juries, but * it was a long time ago." All who have seen the jury as depicted * by Mark Twain in the “Gilded Age,” can 'm some idea of the appearvance of thg - present fimml jury, Its” looks may de- " gelve it, but from ‘outward appearances ost men woulil hesitate a long time be- ore committir matter of personal im- ortance for their decisive action, ANOYHER ACCIDENT, ey Krafy, a 13 Year Old Boy, Re- tal Injurics While Coastis ident hap- srmination of ylay morning Houry Kratt [} the co! o Thirt streets, wis costin pt, near Lunilion, an thor boy. Wien sbout Ll way down @ hill he fel} sled, and before gould got vut of the v the traverse M i, steered by y named John Stabanka,ran into him and struck him in the side. He did not appear to be seri- jously hurt at the time, being able to walk to a neighboring house. When he reached home, however, he sank down unconscious. Medieal as- sistance was summoned, but his condi- tion was from the first declared hopeless. one of the large arterics hav- ing been burst. The boy rimained in an unconscious condition until 2 o'clock yesterday morning, when death occurred. Coroner Drexel went to the residence in the afternoon, and after investigating the elrcumstance: decided that an inquest was unnecessa No blame is to be attached to the boy Stabanka, Young Kraft was a son of Ernest Kraft, a brickmason. The body will be shipped to-day to Bloomer scttlement, Ohio, forinterment. A MILITARY ROMANCE. Story of Love, Soldier Life, Imprison- ment and Pardon, Gen. Howard has issued the order for the release of Frank A. Herbert from the the military prison at Fort Leavenworth, Kan. Herbert was a common deserter » Wakeley sustai 4 " s " N 4 Judge Wakeley sustained ¥ 414 ordinarily neither interest nor im- portance would attach to the matter, but this case is of a slightly remarkable ny al in the affair was aresident'of Denver, Colo., up to one May day in ust year, He was a musi- an and unskilled laborer and lodged in the household of Mrs. Mary A. Johnson,a clever and goodhearted woman, Ata time prior, Herbert had lived in neinnati and there knew and loyved a g gentle personnel i nameless in the mat- ter-of-fact record from which this ro- manct btained. She return fection with all the fervor of her young heart and in a tender way they struck upon an agreement to take each unto the other for life. With vows of eternal fealty and truth upon his lips Herber tootk " up his trombone and started for the great west, teere to make that fortune necessary for a setting np for life. From Denver, whithe he went, he wrote his love and sl responded with _ pen and ink efforts at the unutterable. Thing came smoothly for Herbert and on the id day of May, 1885, he rted for ti with enough money to get nd bear her back with him to stern home he had prepared, Let good old charty come to the front., with her veil “at this stage of the game, Mrs. Herbert-what-was-to- be had concluded that her heart yearned for her Denver lad less than for a certain Porkopolis swain whose odious name, alas, cannot be discovered. Herb prok bly went wild with the flood of emotiohs common to such a situation and went on a carcer which left him broke in a few weeks. In_this ex- tremity he got reckless and, going up to barracks, enlisted in a regular al days went by and n Denver wrote to him requesting return. They sent him such tearful appeals to this end that he one mght yiclded and i’\}mpml the garrison. The next heard of him was at Cheyenne, where on August 14 he surrendere self. Court-mar tinl and a thre tence followed Great efforts have since been brought to bear at high places in his behalf, and his pardon results to-day. i Herbert, the pring CONFIRMATION SERVICES. An Interesting and Impressive Cere- mony at St. Patrick’s. Apart from the usual seryices in St. Patrick’s church Sunday there were other interesting and impressive cere- monies, which drew forth a very large congregation. Indeed there was not standing room, for the aisles and vesti- bule were full and some people were compelled to go home. It had been an- nounced that on Sunday, the 31st of Jan- uary, the Rt. Rev. Bishop would admin- ister the sacrament of confirmation to those youths who had succeeded in get- ting a eard of qualification as a proof that they were up to the standard in their knowledge of the catechism. Bishop O’Connor was evidently well pleased at the comportment and character of the boys and girls present, and his address to them was impressive, eloquent and highly instructive—as are all the bishop’s sermons, ‘but this seemed ticularly so. There were youths who received sacrament, which very lurge number, when one considers that St. Patrick’s is the youngest of five parishes within the city limits of Omaha. No better proof of the marvelous growth of the city can be had than that a church, attached to which are 125 families, s on the corner of Fourteenth and € streets and which was opened two ago for the first time by the Rev. Jno. Jennette. In this portion of the city there were no houses five years ago, and there were at that time no indications that therc would be a church there in twenty years, at least. It is due to the pastor to say that lus efforts have been crowned with success here s elsewhere Another interesting feature of Sunday’s roceedings was the attendance of fifty oys composing ‘‘St. Patrick’s Total Abstinence Socicty,” an organization composed entirely of boys who are pledged not to drink any kind of intox- ieating liquors until they arrive at the t 21 years. The Rt. Rev. Bishop also sed these boys, and was much pleased to sce a so y of this kind. His words to them w ull of encourage- ment, and the paternal advice which he gave will long be remembered. T'he choir, too, composed of boys and girls, most of whom attend St. Patrick’s school, 4 al mention. All were profuse in thew praise of the young choristers, who, on this occasion, sang a new and diflienlt mass in a4 manner that would do credit to much older voeali: ‘Chey are under the tuwition of Professor Raven, whose powers as a teacherin con- veying instruction are only equalled by s skill as an organist, and his exquisite taste and fine fecling as a musician, How it Will Work, Mr, ¥. E. Bailey, the contractor, was asked yesterday what he thcught about the recent action of the bricklayers in declaring nine hours a full day’s work. ‘1 shall accede to their demands he re- plied, “and I don't know that the change will make much difference with me, except that I shall have to emplov a larger number of men, There is one thing about the change which i actly right however. I has to have an attentant laborer, to bricks, mortay, ete. This man red 5 but $1.75 per day and he can ill af- ford to lose the extra how’s work, Of conrse these ‘helpers’ can not work ten hours when the bricklayeis only work Yes, the latter reccive on an ge about $1.50 a day for ten hours WOl At the same price per hour they would receive §1.05for a day of ni | hours’work, They canafiurd the chan, than the men who reccive Waived Exami 1. Donald B. Allan, the B & cused of forging and alteving raiivond | tickets, brought Lefore Judge Sten | berg vesterday. Ho waived exumina- | tion, dud in defauit of $1,000 wus cow- | aitted Lo the county jail for tiial, de:an, 2 clerk ac JANUARY AND FEBR Statistics and Folk Lore for the Two Months, When nature gave the circum-terrestial elements, so to speak, the power to com bine to several and changing effects, she intended atone doing the fair thing by limited human intelligence. It was clever of the old dame, for where would be society and social converse if it wers not for “Nithe day, Mith Tntmpkinth,” “Ain'tit coldy” Do you think it will snow?'" cte,, ete,, after the manner and methods of varions peoples. So what offense then if the Ber reporter after toiling up the four cruel flights to the ignal office to get the report of the past month and being told that said report was not made until the sundown observa- tions of to-day were taken, chatted with the obliging sargeant and was given lots of interesting facts and figures about the weather in general and of the present in ticular, anuary has been an unusually cold month e¢yen for this rigorous winter cli- mate. You'd have to go back & number of yeurs to find its equal. Lot me sco," and the officer produced a book of records, “I will give you some of the cold days, The month entered with de- cont_wintry weatlier, along about the freczing temperatdre, but _atter the first week tribulations set'in. With a dvop ot thirty degrees the previous night, the ith dawned at 15¢ below. Then the weather went in to beat the record at a stretch and tumbled to 237 on the 8th, shrin further to 24° below on the next Through the remainder of that weeki ran_up by 20° below, 16° below to 79 below, when interval ef three days followed with the thermometer held o little abovo and then the month ran out vary. ing each side of zero with the dates be- low, as follows:—16th, 2°; 17th, 49; 09 10th, 14°; 20th, 4% 21st, 89 22d, 17 23d, 14%; 24th, 4°:and 20th, 4° The warmest day was last Saturday, the 80th, when the mereury reached 429 above anc a slight thaw wasexperienced. January has been a great month for snow. Since the first fall on New Years day there has been constant sleiging, although the total fall has only reached 18inches. The per- sistent cold” weather has preserved and kept firm the snow as it fell. “February starts in at zero, with sun- rise, but otherwise according to proverb, If to-morrrow is as to-day vance to me. On the 2d ground hog performs his from his hole and if his shadow and lingers to bask in warmth of the sunshine, he retu to winter quarters d there remains for four weeks more. I shall_endeavor to conjure up the clouds and kick up a bad day to-morrow as I don’t care to prolong the season.”” ARY. argeant arose and from his book- roduced a volume in which is com- piled all folk lore of all people’s upon the subjeet of weather. It was issucd last year by the signal burean under the im- mediafe supervision of Hazen. A good deal of fun has been poked at the great observer for the work but it is interest- ing and valuable tor *‘Here,” resumed th , “since T ble, you ean fin d ting observations upon s A R G olden time. Similar to the ground-hog the old English had it, “‘When the cat in February lies in the sun_she will again creep behind the stove in March.” ~All proverbs seem to point to the one end that February had rather be a bol terous and wintr month if seasonable spring time is desired after- ward, See, another saw says, *Whon tho northi wind does not blow in’ February it will surely come in March.”” Then in poetic strain, “If February gives much fine summer it does foreshow,’ “‘of all the months in the year curse a fair February.” Then for to-mor row in particular some wiseacr has laid down in proverb that ‘it on the 2d of Februs the geese find it wet, then the sheep will have grass March 25th,” while the French contradict it by saying that “February rain is only good {o fill ditches.”” Yet taken altogether, we seem to need a bad day to-morrow and rough weather for the whole month, T must confess, how- ever, that I am sick of arctic experiences, and would be willing to take a little re- lief at once, defying old proverbs for the future.’” a mine of intere: We have §20,000 to loan at low rates in sums of $1,000to $10,000 if taken within ten days. J.W. & E. L. Squire Council Bluff: — The Union s ckwards or forwards. He Wanted Icewater Mention was made in the Bee some days ago of the Swede who had built a house of ice on the bottoms, in which he and his family were residing. Yesterday Officer Tom Peironet, who lives on Sixth and Division strects, was ealled to this ice-palace to quell a disturbance between the man and his wife. He found that the Swede had beaten his spouse terribly witha_club or something of the sort. When Oflicer Peironet asked the cause of the trouble, the Swede replied that his wife had refused to go out and get some ice wate “I'don’t sec what you want with ice water in a house like this,’ remarked Peironot, shivering vigorously. As the woman refused to p any charges against her husband, he was not ar- rested . Union sewing machine lasts a life time Shannon Letter Bill File,Filing Cabinets. anc es. Schlicht’s Standard Indexes. 219 12th street, opposite Neb. Nat'l Bank. It May Be Whitney. Marshal Cummings has received a letter from Dr. J. M, Kennedy, of Spring: dale, Arkansas, i which the writer de- slaved that he had information as to the whereabouts of J. Whitney, the man who swindled the Kansas City and Chicago banks by forging drafts on the U. S. Na- tional bank of this city. According to Dr. Kennedy, Whitney is now at or near Springdale, Arkansas, laying low to elude detection, The writer jsays that he de- fres some information as to the reward tor Whitney's arrest, and is prepared to urn him over to the law on_short notice. As the United States National bank of this cily is not interested i the capture of Whitney, the matter will be referred to the banks of Kansas City. Union Sewing Machine, 206 N. 1 6th St e ‘Why is This Thus? “I see that Dr. Miller, one of the pack- ing-house democrats, has gone to Wash- mgton,” remarked a “slaughter-house’ man to a vreporter. “I understood that he had retived from politics some time ago. Why is this thust" The re- porter gave it up, and the slaughter- house democrat went oft whistling softly, “When the Rubins Nest Again.’ | Sclf-threading—Union sewing machine sewater, editor of the BEg, left wshington yesierday. He will ut about o month. 1. E. Thompson, Mrs. E. B. ai J. A. Buckstall of Lin- attend the carnival and at the bome of Mys. D. J. o Hun, K J. Mallet, of the Unitcd States gen eral service, has been prometed from the clerkship in Gen. Howard’s office to a po- sition in the quartermaster general's de- partment. H. A. Jones, well know to the dry quhl de of this state, has transferred his services trom J Brown & Co. to Tootle, Hosea & Co,, of 8t, Joe, For the past fonr years Mr, Jones has been con- nected with J. J, Brown & Co. and has formed a host of fricndsameng the busi- Less mien of the eity and on the road. Mr. Robert Armstrong, who for past two years has efficiently fill important clerkship in the teanspo department at the Omaha quartermas- ter’s dopot, has just boen premoted, through the efforts of Gen, Dandy, chief and depot_quartermaster, to be master's agent at Valentin: Fort Niobrara is located. 'l responsible position, anc thiully the < avery strong reditadly Omaha widely and His many his pro- will no doubit erform the boy—an old settle Jepularly known in this o tiends will be glad to he motion. r of Light running Union sewing machine Scientific Lecture Another of the scries of the ighton college course of popular and scientific lectures, brilliantly illustrated, will be given next Tuesday evening, Febrnary 9, by Prof. Joseph F. Rigge, S. J., on the *‘Novel Features of Sound Instructive experiments will be performed as fol- lows: The Messenger Balls, Sound Acoustic Caterpillar ll{!plw of lide, ‘‘Passing Awa) At Long Range, The Giant Reflectors, Acoustic Clouds, Through a Duodecimo, Sound Make Silence, The Larynx, The Opeidoscope, Action’ of Sound on the Gassiot Star, The Goblin Dram, Our Or. gan of Hearing, The Bell Telephone, Singing by Electricity, The Mechani Telephone, A Scientitic Co 'ty ] Microphone, Edison's Phonog! January F The five department had eleven runs last month, whicn is one short of the best record ever made. The fires, however, have been small and inconsequential. The total loss is but $1,225, and there were but two blazes that ached 300, Seven of the alarms occurred at night and four in the day. Union Sewing Mae e, 206 N. 16th St. Burlington Route. ions! ! Californ B ets, good for six months, Round tr $100. Finest scenery in the world, Stop at Denver and Salt Lake. Dates—February 3, 17, and March 8. lar cheap excursions every $45 pays one wi Return when you please. R back about the same. For farther p Eustis, General Pass Agent, Omaha, Neb. s coming write P. S. and Ticket s Sl The noiseless Unmon sewing machine. For Selling Liquor to Minors. Barney Shannon was before Judge Stenberg yesterday on vearrant sworn out by John D. James, agent of the Law and Order league, for selling liquor to minors. He gave bonds for his appearance, and his trial set for next Thursday. e Union machine has automatic {ensions. ‘Without an equal-— Union sewing ma- chine. Mrs. Fountain's Beparture. Mrs. Fountain has gone to Chicago. She left one day the middle of last week. She was not shady about her departure as her affairs here seem to h been set- tled. How this little personal matte caped notice is not _explainable, It not known that Mr. Fountain went with her. She surely must have taken the yet mo certainty upon that to return to quarters discovering any property in FOR THE TREATMENT OF ALL Chronic & Surgical Diseases. MUMEN MY, Propi cHrs 1 fac s, apparatus and for the succcssful treatment of every form of dis. case requiring either medical or surgical treatment, and invite all tocome and investigatc for themse or correspond with perience in treaf cares by us to treat many cases m. ntifcally withont secing them, RITE_FOR CIRCULAR on Deformitics and F vatures of the Spine, Braces, Club , C Diseases_ or Womkn, Piles, Tumors, Cancers, Bronchitis, Inhalati city, Paral: lepey, Kidiey, Ly , 8kin, Blood aud 1 Trusses, and and Surg ppilances, mau- ufactured and for ko T only rohtabie Medical Insttute making Private, Special & Nervous Diseases A RPEC TY, ALL CONTAGIOUS AN from Whatovercanso proced miccensfully reae Wo can remoye Syphilitic polson from tlic syste without mereury. New restorative treatment for loss of v ) A?I.L COMMU ATIONS CONFI A Call and congnlt us or send mame and post-ofi ‘enclose stamp, and we Will send § T PR!VAT C L TO MEN UPON PRIVATE, SPECIAL ANDINEWVOUS DisBASES SEMINAL WEAENESS, SPERMAPORMH®EA NP0 ox, Byp 8, GONORRI(EA, GLENT, VAL STRICTURE, AND ALL DISEASHES OF THE GENITO- UniNaARY ORGANS, or send history ©f your case for an opinion. Persons unable to visit us may be treated at thelr homes, by correspoudence. Abedisnes and Justru- ments sent by mail or express BECURVLY PACK D FROM OBSERVATION: mo mar contents or seuder, One pomonal intory forred if conyenient, Fifty mamadfor tho Accom: modation of p nts. Board aud attendance at reasonable price Address sibLotters to Omaha Medical and Surgieal Institute, Cor. 13th $t. and Capitol Ave,, GMAHA, NEB. to Indicate ‘The Caligraph is rapidly displacing the pen, Reason how you muy you eannot atford 10 do without it. No o g invention hus so less n and hand, or saved such large pi 2¢ of dear lahor, Figure thut it turns off but twice as much work juu given time as does the pen (it easily does three thmes as much) and it gives you sev er K and > Vs best) for all ) band. Price §1 cach, Clothing Parlors 1119 FARNAM STREET. 1119 Proposes to continue their offerings of the sale of mer- chant tailors’ misfits and uncalled for clothing garments until the last garment is sold, There still remains that excellence of high art from the leading merchant tai- lors throughout the country which is equal to any and surpassed by none made by any tailor in this or any other country. Theagents are discontinued on the road at this season, in consequence the ‘expense is cut off from this source the management has made the con- sideration for the customer, and has cut 25 per cent less the original cost to the merchant tailor, making the garments lessin price than an ordinary garment can be boughtfor. There still remains to select from, an 'OVERCOAT - AT 9 20 That was made to order by a leading merchant tailor for 10 70 il do o do do do do do do 11 40 12 80 15 30 18 60 21 90 And others more expensive. do do do do do do do do do do do The above consists of every style of cut,in plain and rough fabrics and trimmed in proportion, To these are added suitings made in the most artistic manner, cut in any style man can wish to wear and will be cut in prices as follows: A SEHIN 70 That was made to order by a merchant tailor for i do do do do do 3 20 BR ¢ oww “ 4 N “ 510 ¢ w “ 620 v “ $ 2 80 Willbuy a pair pm}(nluun? do do do do do do do do do do PANTALOONS, made to order by a FLeading Merchant T W “ My M “ [T W “ “ “w oo “ e m AT THE ONLY MISFIT 119 FARNAM STREET, FonR . 20 00 50 And others more expensive. These suits consist of Prince Alberts, four button cutaway frocks, cutaway sacks, double breasted sack and straight sacks and coats, and vests in Cassimeres, Worsteads and Reefers with a selection from separate And others more expensive. These areall styles of cut and patternsin cluding some beauties in spring bottoms. To realize the above facts is tosee them now on sale. Clothing Parlors