Omaha Daily Bee Newspaper, December 1, 1887, Page 5

DEFEATED THE UNION PACIFIC Raymond Bros. Suit in the Lancaster District Oourt, A VERDICT FOR THE PLAINTIFF, Bult of a German Who Claims That His Wife Has 1 Su- Decisions A porated, Hospital In [PROM THE BER'S LINCOLN BUREAU.] The most important case heard iu the dis rict court the preseut term was given to the v at noon yesterday., It was the first of many commenced by Lincoln wholesalers the past six months against the railroads, in which the firms refused to pay the rates de- manded on California shipments, and re plevined their goods. The case on trial was Raymond Bros. & Co. vs the Union Pacific railroud, und the goods replevined were sev- cral car loads of sugar. These goods were shipped from California to Omaha at a rate of 60 ceuts per 100, At Omaha they were re- shipped without breaking bulk to Lincoln and a local rate of 15 cents per 100 was added, making the total rate to Lincoln from San Trancisco 75 cents. The Lincoln wholesaler objected to the added local rate, holding that the Union Pacifie, in operating a line to Lin- coln, should have seut the freight via Valley direct to this point without doubling into Omuba and muking the local rate back. Lincoln, it is stated, is+but twenty wmilcs furthor distant from San Francisco than Omaha, and consequently when the goods ar- rived the wholesalers he tendered to the Union Pacific the regular 60 cent rate and the proportionate additional rate to cover the extra twenty This the Union Pacific refused and the g vlevined and it is for the possession of the goods upon the rate tendered thut the suit is brought. The case ks been heard by Judge Chapman and a jury. Mr, Poppleton, of Omaha, und Mr. Kelloy, of this city, ap- peured for the road, wnd Messrs. Abbott, Lansing & Holmes for the wholesalers. The case has called the entire bar of the city and ctators at the court, and the arguments were listened to closely by all, Mr. Poppleton resurrected the same moldy chestuut that he used herctofore in ar; meuts of jurisdiction bofore the state bo: of transportation, claiming that the Union Pacific was a foderal road and subject only to federal jurisdiction and federal courts, This claim was overruled, however, by the court, Mr, Poppleton gave himself largely over to sophistrics and discoursed at great +length upon the poverty of his client; that it didu’t puy divi , but did pay its heip and its debts, There was requived a great deal of imagination to swallow the latter statement in the light of public facts, Judge Chapman's charge to the jury was listened to with close attention, and is fairly sweep- ing in_its interpretation of the law, It was in substance as follows: In srriving i 10 whether tho defendants’ <t you ure to consider all the competent i e iuto con- showing charges mais th other lines, If you find from the eviaence that the defendants, with other lines, charged u less rato for the samoe class of goods over the same lines from San Francisco to points of like or greater dis- tance, such fuct is competent to be considered in deéciding whether the rate is unreasonabloe or unjust. If, from the evidence, it appears that the charge from Sau Francisco to Lin- coln is greater than to points a greater dis- tance, the presumption would be that- tho rate charged plaintiffs is unreasonably high, and, if not overcome by testimony, your ver- dict should be for plaintiffts, In determining from the evidence what is 8 reasonable rate you are instructed that such a rate is one that will compensate defendauts for the ac- tual cost of 'rum‘mrmvinn and a_fair profit, and i det ning you should consider all testimony submitted to you. You are further instructed that if you find from tho evidence that defendant made an sgreement to ship goods at a vate not to exceed 60 cents to Omaha, then you are instructed that defend- unt can ouly chargo a proportionate vate for _extra miles fo Lincoln. If plaintifls tendered this proportion rata you are to find for plaintif®. 1f, in con- junction with other lines of roud, ‘a8 common ers, defondants have imposed an un- reasonable charge, defendants would be linble and, upon tender of & fair and unreasonable compensation, the prosent case can Be main- taincd. Evidence showing rates horetofore in existence is admissable and proper testi- mony in arriving at reasonable compensation, You aro instructed that dofendant is a_con mon carricr subject to all the dutics and i bilities of such position and bound to e and deliver goods for u just, reasonable ir compensation without' unjust diserimi- v returned a verdict at 4 p, m. find- laintiff and finding, in addition, iff had tendered #8 too much ing for that tho for a rea: Notice o at once given. HTRICT COUI 3 ay John I, Roths. child filed his_petition against the Missouri Pacific railroad, asking judgment for $1,900 a8 damages. The suit is bused on the fuct thut the road hus constructed a track along the entire length of Mr. Rothschild's lots in Lincoln, greatly damnging their worth, Henry Klockmoyer, a Cerman resident of this county, has brought to recover pos- session of a farm that ho claims was deeded by him to his wife under false representa- und that, since he deeded the he fvon I from home, takon afl his pore 1 property aud made him dependent upon his daily labor fora living. The title was made to his wife with theunderstanding that it would scttle all differcuces between thein, including the divorce procoedings thou pend: ing, but, being iguorant of the language and the 'tenor of the instrument be then signcd, he asks that thetitle and property be restoved by the court to his keeping. SUPLEME COURT DECISIONS, Dorsey vs Clapp. Error from Iuffulo county. Reversed. Opinion by Reese, J. 1. In an uction for malicious prosccution it was claimed by tho defendant, who was a constable, that ho had sufiicient cause for making the complaint against the plaintift charging him with the crime of burglary, his information being the confession of a youth whon e had previonsly arrested for the same crime, and which confession wus voluntarily iven, and by which he implicated plaintiff as heing a_confederato and accomplice, these focts beiug testified to by defondant. On his cross-exauiination he was wslked if, prior to the confession and while the youth was in custody, he did not, in the hearing of the party under arrest, tell another constable to take him 1o jail gud by the time he had laid there long “enough he would confess, or language 1o that effect. Objection w and the objection sustuined. Held error. \ reputation of u party to an 0t be established by the proof of NEW UASL In district cour State. Eri Kearney y. Reversed, Op n by Reose, | 1. Intent or purpose to kill is essent constitute the r from 1 to rime of wurder in the first or second degree, as defined by soctions 3 and 4 of the criminal codo, and this intent must bo specitically and_divectly avereod as part of t he description of the offense, in every indict- ment for either of thoso crimes. 2. An averment that the accused “felons fously, purposely and of deliberate and pro- meditated malice,” did make un assault on the deceased, and that he then and ther cloniously, purposely and of Lis delibera 'meditated malice did shoot” the do censed with a gun loaded, ete., inflicting a mortal wound of which the dcceased then and there died, does not satisfy the repuire- meats of the law; for though the uc- cused may hero | pwposely - and pro- meditated malice assaulted the de coased and shot him, it does not follow that the shooting was with the do- sign and purpose to produce death, 3. Where the purpos. to kill is not averred by way of description of the offense, the omission cannot be aided by the ordinary forma! conclusion of the indictmont wl avers that “so” the jurors do find and say that the accused “'did in manner and form aforesaid, felouliously, purposely and of kis deliberato and fraudulent nalice, kill and murder” the deceased. Such allegation being nothing more than o kr.‘ul conclusion arising from the facts previously started cannot cure any defects in the premises on which it as. sumes to be predieated. ¥ 4. Instruetion uupibered thirteen; copied from instruction number vine, in Williams v The State of Nebraska, 34, and printed therein at page 598, criticlsed and the con- cluding words thereof held unnecessary, Ex parte John Carr. Habeas corpus. Judg- f district court held void and pris- ) be d & proper au- ings to prosoe- Opinlon by Max- J. dissents. f the revised statute of 15%, all ui iized counties were at tached 1o th organized county di ectly cast, for eleetion. judicial and revenue ore where a murder was ol " committed in the connty used of con the same could ot be indicted and tried for the offenso in Cheyenne county, it belng dt rectly south of ux county 2. Where the record of the indictment against a party accused of commitiing crime has been omithed, or lost or destroyed, the court. will recoive seconda idence as to the essential facts stated in the indi¢- ment which conferred jurisdiction on the trial court, ¢ Cowan vs State. Error from Valley county. Opinion by Maxwell, Ch. J. re it appears that the charge in_ the exumination was substantiully une a8 that set forth in an information 1 in the distriet court the plea of want of preliminary examination will be unavailing. 2. Where it is claimed there was no pre- limmary examination of a party accused of crime before filing an information against him in the district court, the question shiould be raised by a plea in ubatement. 3. Where in an information sgainst a party for obtaining money by false pretenses it is alleged that “by reason of the false pre tenses the aceused obtained the money,” the words of the statuto being “by false pre- tense,” held, the allegation was sufticient 4. Tn a prosecution against a ob- y fo taining money under fulse pretenses from a bank the note given by him for the money and mortgage to secure the same, when in troduced in evidence, are sufficient in_that caso to provo the de facto_ex of the . Peoplo vs Hughes, 20 C Platte ley bank vs Harding, 1 N itis not admissible to prove that at another time the accused committed or attempted to_commit a crime similar to that with which he stands charged. 6. The court, in defining a reasonable doubt, said: “It'is a doubt for having which the jury ¢ wson based upon the testimony oncous and calculated to misicad. Pothell vs Cr county. Reve! Ch. J. Error from Johnson Opinion by Maxwell, . although y ken, together vith other materinl facts, to show a fraudu- lent design in disposing of property, is not of itself suiticient to establish it. 2. A creditor may obtain from a failing debtor payment of hl m, provided he acts in good faith and receives no more than suf- ficient to satisfy the debt. 8. Where a firm is insolvent the partner- ship property will be applied to the partner- ship debts, and a creditor of a member firm cannot _be paid out of the partnership property to the exclusion of creditors of the firm. 4. A mortgage of partnership goods given to secure the sureties on a bond of a member of the firm for the faithful performance of his duties as guardian, is not available as against creditors of an insolvent firm. Downie vs, Ludd. Error from York county. Reversed. Opinion by Maxwell, Ch. J. 1. Where in an action on 8 promissory note the defendant set up in his answer a contract entered into between the parties for the con- veyance of & in prope in full satisfac- tion of the debt, and ailcyed a performanc in compliance with the contract, and was testimony tending to sustain the answer—Held, that in case of defect of title of, or incumbrance on part of the property so conveyed, the measure of damages was ' not the amount of the note less the value of the wroperty conveyed, but the amount of the incumbrances ov 'value of the property to which the title had failed. . Where the partics have made up the is- sucs in a case without objection to the partic- ular form of the action, they will be held to have waived any errors in that regard. SUPREME COURT PROCEEDINGS. In the supreme court during the past two duys, A. M. Kellogg, esq., of Aurora; Georgo M. O'Brien. jr., and Bugene Montgomery, of Omaha, were adwitted to pr 0. The case of Jones vs Miller was dismissed. “Phe following cases were argued and submit- ted: State ex rel Greggry vs S. D, 7 Sher- man county, Colvin vs Republican Valley Land association, Miller vs Woods, Prehm State, Brounty va Daniels, Rose baum & Co. va Hayden, State ex rel Clarke vs Webster county, Black vs Steen; Hauks vs Steen; State ex rel Burnhuw vs Babcock; Hays va More Wilson vs Wilson; O'Brien vs Gasli tion; Stettnischo vs Lamb. State ex Clark vs Webster county, sub- mission vacated and leave to flle answer d B. ]& Q. R.-R. Co. and Gor- ed fss Ex parté Carr, prisoner to be discharged if proper authoritios fail to proscente in fifteen days, Reesc, J. dissenting. urt adjourned to Thursday, December 1, at 8:30 0'cloc hen the docket of tha Pwelfth judicial district will be called. INCORPORATES A HOSPITAL, porating ! i i ings. rators ar ril C. Ollive ¥ , Pauline S. Re- gan, 't . Clark, Rose E.Shedd, A. I co W. Tussy, Magio « {enviette Locb, Harriet 15, Pratt, Leaming, Nellio T. Cronk- hite. s of the Paxtou-Vierling iron works, Juite badly injured at Ier's new fbuild- ing, corner of Sixteenth and Jackson strcets, at an carly hour yesterdiy moring. They wore engage in hoisting the iron facing forthe fivst story, when the platform upon which they were standing gave way and precipi- tated them into the basement, iron work and all, & distanco of some twenty feet. 1t is a miraclo that both men were not instantly killed. As o painfully lacer: while Clemonts susi ssi of tho back aud scyeral scalp wounds. ————— Rheumatism. is undoubtedly caused by lactid acid in the blood. Thisacid atia the fibrous tissues, and causes the pains and aches in the back, shoulders, knees, ankles, hips, and wrists, Thousands of people have found in Hood's Sarsaparilla a positive cure for rheumatism. This medicine by its purifying action neutry- lizes the acidity of the blood and also builds up and strengthens the whole body. Says She Picl ——— ed His Pocket. Albert Wilder appeared at tho-police sta- tion yesterday and swore out @& warrant for the arrest of Mollio Pottis, a colored cy- prian, on a charge of having relieved him of $13. Wilder says the woman picked his poclct while they were having & mug of beer to- gothor in’ the wine room of Gus Shultz's saloon. Mollie Pettis vzas run in about noon, Physicians prescribe Dr. J. H. Me- Lean’s Tar Wine Lung Balm, in it they find no trace of opium or morphia, while its effieacy in curing all throat or lung discases is wonderful. 25 centsa bottle. B e Loyal Veterans. The commandery of Nebraska of the mili- tary order of the Loyal Legion will hold its annual reunion in this city at the Miliard on the 15th of next mouth, when it is expected that severul distinguished soldiers from abroad will be in attendance. ‘The commit- tee of arrangements are: J. R. Manchester, C. M. Terrell, T. 8, Clarkson, W. R. Aber- crombie. Thowas Swobe andJ. K. Brown. Children Cry far Pitcher's Castoria. When Baby waa sick, we gave her Castorik. When sho was a Child, sbe eried for Castoria, ‘When sbe became Miss, she clung to Neatorta, ‘When she had Childrea, sho gave them (wataris, THE OMAHA DAILY BEE: THURSDAY, DECEMBER 1, 1887, A GREAT MANY Of our customers, after seeing the incomparable bargains we offered during the last weeks express astonishment at the prices. The secret is simply this. The warm weather and late season have had a very depressing effect ugon the wholesale trade. Manufacturers are overstocked and discouraged and the same goods which a few weeks ago they intended and expected should bring them a fair profit, they are now ready to sacrifice at almost any price. This is the chance for the retailer.” It is merely a question of who can use the quantities. The firm that does a large business can take advantage of such opportunities. We are in this hap- Py position. Our amnvle resources enables us to buy in enormous_quantities for cash: we sell on same terms and the quick return of the money makes the smallest profit satisfactory. Any one can see the torce of these remarks by coming and pricing our goods. Another lot of those fine Chinchilla Satin Lined Overcoats at $14.50. The first lot sold so quick that during the past few days we had to disappoint many customers, who called for that coat. We are now pleased to say that we have received another supply of these same coats, only with this difierence, that the first ones were velvet piped while these open- ed now are with corded edges; otherwise in every respect the same first class garment, the like of which was never offered for less than twice what we ask for it, $14.50. Another lot of Overcoats to which we call attention is a splendid Shetland, lined with double warp Italian satin sleeve lining, silk velvet colar and corded edge. These we have in blue and Oxford colors, sizes 83 to 388. It is an elegant coat for a young man, very nobby and of splendid cut. We offer it at $8.90 and guarantee the real retail value of it to be at least $15. In Single Pants, we make for this week the following remarkable offers: — One lot strictly all wool, heavy winter weight, grey striped Cassimere Pants, well made at $1.50, fully worth $3. One lot heavy all wool Fine Cassimere Pants, in dark neat striped patterns at $2.10, worth $4 One lot very flne silk mixed Cassimere Pants at $3.50, worth $5.50. Oue lot of elegant Worsted Goods, in choice patterns, at $3.90. These last are equal to any custom made pants and have never been offered for less than $6 to 7. two Remember that in our Boys’ and Children’s department can be found suits and overcoats at about one half their real value and for which we challenge comparison. 5 In our Hat and Cap department, we offer a large assortment of fur and other winter caps, far below the prices of others. Genuine imported Scotch caps, high crown, at 35c; sold everywhere at 60c to 7%c. Good heavy knit caps, turban style, men’s and boys’ sizes at 30c. Jersey caps, silk lined, men’s and boys’ sizes at 40c, which cannot be bought elsewhere for less than 76¢ to $I. In our Glove department, we carry the largest assortment of winter gloves and mitts and offer some big drives. Good heavy knit wool mitts, men’s sizes 20c, boys’ sizes 15c. Very heavy best fulled wool mitts at 40c and 45c; sold by otherdealers for 76c. Good lamb lined kid gloves at 50c, which would be cheap at $l. Good fur top gloves at 50c, worth 75c. All goods marked in plain figures and at strictly one price. Nebraska Clothing Company, Corner Douglas and 14th, Streets, Omaha. A Great CATAST_RQPHE! . 30 ST YLES ——OF OUR—— 14,1517 &*18 SUITS HAVYEH FALLEN TO ¢10.00 This is the cheapest lot of goods ever sold in Omaha. If you want a suit of clothes, buy now, as this cat wi 11 only la 10 DAYS. OVERCOATS for $6.50, $7.50, $9 and $10; worth double the price. THE NEW YORK AND OMAHA GLOTHING CO. LEADING CLOTHIERS, 1308 FARNAM STREET. DR. HORNE’S Electro-Magnetic Belts ! The Grandes! Triumph of Eleciric Scienco— it Selontils Sclentifically Made and Practically Applied. 4 Buspensory, 8403k, DISRASES CURED WITHOUT HEDICINES. IT WILL CURE YOU i Emmissionn, Asi ealinose, Impotaney, Ua . T i F ! i e R 3 Ser L T T OURED A, Gontlemen's Belt - Display at their warerooms, 1305 and 1307 Farnam Street, with Eleetrie the largest assortment of Pianos and Organs to be found at any establishment west of Chicago. The stock embraces the highest class and medium grades, including STEINWAY, =P=-1TN==0=S= FISCHER, LYON & HEALY BURDETT, STANDARD, MLYON &HEALY Prices, quality and durability considered, are placed at the lowest living rates for cash or time payments, while the long established reputation of the house, coupled with their most liberal interpretation of the guarantee on their goods, affords the purchaser an absolug) safeguard against loss by possible defects In materials and workmanship. LYON & HEALY, 1308 & 1307 FARNAM STREET: rogory, copunigsion mmerchant oo dd Rorabman o iy ; 3%, Bonaetly S Kb B Mormontown: Towat Lo '% ankax o111 dudgo 1. N KL At pupt, city r works, Bouth Bend, nd;; Robs Tt 8 n.gu ago! cMichael, M. D, Buffaio. N, our ol has nccompilshed what no othel reti 7 has: y o ind comfortablo sicep at nlght.’ Robt. Hal, alderman, 160 89tk Btrees,, Now York— fimli\xnnfllol [ sire; pros R ) QHIE'S“FLEGTIO MAGNETIC BELT toomesiote ) ottt ! produoas & contlauous surrent; qopregs Slctrct ={| I’\lmfrlllin[l continuous mll'l"nllvioa ne‘ly (10 a;i hours out m} 'as the woarer A7ihig a)| HGrvousnags ImedIALily, dliolhg & now clreutation O rling viy M.---‘e’?{yd-'nn Tioklth when atfomhor froatm 'v.n.urlfilua. ured. stead: 5] ‘B rough thi o the nerves I% ouros diacases thron, th A b sed And indo usan HEFPAENORS opas" van mfl..,..:: alcaals house in fistrated. pa CHORN " Ban Franciseo and Chics DI, iy d Hanufacturer, 191 Wabash Avense Chicage. RUPTURE $:22% DR, HORNE ELECTRO-MAGHETIC BELT-TRUSS. wholesals house in ___' HIMEBAUGH & T@{_’LOR; o [ICE TOOLS,| Wire Ropé, ;i S Buffalo Scal ' (Successors to John G. Jucobs,) HOOkS. JER ST o LINCOLN. NEB. most popular Hotel in- the appolitmonts fratclass, commercial wen and. all poiitical B. P WOGGEN Proprietur, | Grapples, | Slide Iron Undertakers and Embalmers At the old stand, 1407 Farnam 8t Orders by tele #vapl solicited and prompily aiteudad to. ficlelephone No. OMAHA. i Y Org difference fled to eure you. EMLA L ES suffering from diseases pecu. “{lr to llhelr]llflrl rn&\ consult w l{h the ass oo of speady relief and cure, Send 2 cents for works on your diseases, A AaSend 4 cents post for Celebrated J rks on Chronie, Nervous and Delfs eate Diseascs. Consaltation, personally or by letter onsult the old Doctor. Th Those coutemplatin Clnrke's colebrated guide ale, ench 15c., both e confding your case, consult A friendly letter or ‘call may save fiture sufferingand nd add golden years to life. A@~Book Secret) Ere rors,” t0c. (stamps), M id_ writings gent _cverywhere, ‘gecurv fro Hours, 8§10 8; Bundays, 10 12, FOR the year 1888 FRANK LESLIE'S “POPULAR MONTHLY," which has been aptly styled “THE MONARCH THE MONTHLIES, ever. Articles upon topics of current or will be better than public interest, sketches of eminent per- sons, strong and brilliant stories, and poetry of a high order, profusely illus- trated by the best artists, and all by writers of recognized merit, will fill its pages, To the old and favorite corps of contributore will be added wrlters ot promise, and no effort witl be spared to keep the magazine ih the foremost rank. In the November number was begun an earnest and powerful ta'e, ““PRINCE, LUCIFER,” by Etta W. Pierce, which has already attracted widespread attention and charmed multitudes of veaders, Subscriptions may begin, if de- sired, with the November number, Each issue contains a Full-Page Picture In Colors, the series of twelve forming for the year a beautiful collection of gems of modern art, “The “Popular Monthly"” contains 128 large octavo pages, nearly twice the matter of similar publications, and is not only the best, but by far the cheapest, of any of the of magazines for the people. $3 per year; 29 cts per copy. Specimen copies, 15 cents. MRS. FRANK LESLIE, 63, 56 and 57 Park Place, New York® GRAND CHRISTMAS DOUBLE NUMBERS London Graphic. YuleTide, Holly Leaves with beautiful colored plates and engravings. PRICE 50c EACH, ALBO Le Figara Illustra, English Text, $1.85 Per Cop b ners v AE THE <§mu. T, LONDOY AND PAfus 188UES. Thoy are incamparably superior o any of thelr compotit 0 5 NOW READY. ) THIEOMALA NI Omuhs, Neb. KRNATIONAL" NEWS' €O, 20 and 81 treet, New York. utions recolved forany foréjgn periodicals. Health is Wealth! Di. K. C. West's NERVE AND BRATN TREA MENT, & guaranteed specific for Hyste, Diz: ness, ons, Fits, Nervous Neuralgin Head: Nervous Prc fon_caused by the use of ulcohol or tobaceo, Wakefulness, Mental T slon, Softeniug of o Bratn resliing tn insanity aud leading to misery, decay und death, Prematuro Old Age, liarrennoss, L,o48 of powor in either sex, Involintary Losses and_Spermat, orrheea caused by over exertion, of the brain selte abuse or overindulgence. Each box containg one month's treatment. $1.00a box, or six boxes 0, sent by mail prepaid on recoipt of price. WE GUARANTERE 81X HOXES ‘Tocure any case. With cach order reccived by ., accompanied with £5.00, we wiil aser our writlen guarantee to ro fund tie money 1f the treatment 4es not effoot acure, Guarantecs issued ouly by €. It 40O MAN, Druggist, Sole Agent, 1110 Farnam 8 Omalia Nobe / DRS. §. & D. DAVIESON, 1707 Olive Street, St, Louls, Mo, Of the Missourt State Musoum of Anatomy, St. Louts, Mo., University College Hospital, Lon- don, Glesen, Germany and New York. Havi devoted their attention SPRCIALLY 10 THE TREATHENT OF Nervous, Chronic and Blood DISEASES. clally those arising from impru- all 50 sullering tocorrespond with. olny. Discases of infection and contaglon a . Patients whose cases liave be Boglected, ..un'y tr ble, should not fail to write us concarning thoir symptoms, All letters roceive immediate atton. tion. JUST PUBLISHED, And will be muiled FREE to any address on re- ceipt of one Zcont stamp, “Prictical Observas tionis on Nervous Debility and Physteal Bx s tion,” to which is ndded an “Hssay on Aars riage," with important chapters on diseases of the Heproductive Organs, the wholo forming a valuable medical treatise' which should bo read Ly all young wen. Address DRS. 8. and D. DAVIESON, 1707 Olive Street ‘8t. Louis, Mo, Hudson. N. ¥y