Omaha Daily Bee Newspaper, February 23, 1888, Page 5

DR. GANDY GETS A NEW TRIAL The Lower Oourt's Deolsion Re- versed on Errors. OTHER INTERESTING DECISIONS. A Big Batch of Legal Precedents In- volving Many Points of Law Handed Down By the Su- preme Court. [FROM THE BEE'S LINCOLN BUREAU.] The legal holiday yestérday closed the state house for business purposes except the state library and the oftice of the clerk of the supreme court room, which, like a well regulated newspaper office, knows no holiday. The court did not hold a session yesterday but a largo number of interesting decisions were handed down, among them being a ve- versal of the lower court in the D Gandy perjury case from the First d trict. The syllabi of decisions ure as follows: Riley v Melquist. Error from gounty. " Afirmed.” Opinion Douglas by Reese, 1. Where there is substantial support %o a verdict by the evidence. the finding of the ry will not be urbed. Atchison & Ne- ruska railrond company v Jones, 9 Neb., 67. 2. Questions of fraud are for the jur determine, in the light of the circumstances surrounding the transaction complained of as shown by the testimony. 3. Instructions given and refused exam- ined, and no prejudicial error found. Gandy vs State. Error from Richardson gounty. Reversed. Opinion by Reese, Ch. J. 1. In an information for perjury, it is suffi cient to charge generally that the false testi- mony was in respect to a matter material in the action in which it is given. Ducher vs State, 390, 0.8t 130. 2. Perjury may be assigned on false swear- g on the fact in issue in an sotion, to any circumstance which tends to prove, or does prove such fact; hence where A iastituted an action of forcible entry and detainer against B for the possession of cortain real estate, and where it was sougnt to be shown by B that he held possession under C, by virtue of o lease exceated to C by the owner of the land, the testimony of C. that such lease had been executed to him but that the original had been lost, and that the paper presented and identified by him was & copy of such original lease, this, if false, would support an assignment for perjury, even though it was not necessary in order to its validity that the lease should be in writing. 8. In a prosecution for perjury, where the poriury ossi od was that the accused had alsely testified that the ownerof certain real estate had executed to him a written lease therefor; that the lease had been lost, but that the copy presented by him was a cer- rect copy of such written lease; it was error for the trial court to instruct the jury that, it they found that the accused testified under onth that the paper described in the informa- tion was a cory of a lease exccuted to him, that said testimony was material if relied on as a fact, or that if the jury believed beyond @ reasonable doubt that said testimony was false and corruptly given, they should con- wvict the accused; for the reason that the in- structions would tend to_limit the inquiry of the jury as to whether the copy described in the “testimony was a correct copy of the alleged original lease, instead of directing their inquiry to the truthor falsity of the wholo testiniony given by the accused upon the perjury so assigned; also, for the reason that the phrase occurring in the instruction, ““If relied on as a fact,” rendered the instruc- tion ambiguous and liable to mislead the jury. 4. In a prosecution for_perjury, the prose- cution must prove the substance of the whole ©of what is set out in the information as hav- ing been sworn to by the accused, and the assignment of pel?ury must be proved sub- stantially &8 laid in the information. 5 Ina ition for perjury, the falsity of the testimony, or oath of the accused, upon ‘which the perjury is assigned, cannot be es- tablished by the testimony of one witness alone. Itamay be proven by the testimony of one raliable witness and such corroborative facts and circumstances as will give a clear Preponderance of the evidence in favor of tho state, it such preponderanco excludes all reasonable doubt of the guilt of the accused. Buch corroborative facts or circumstances ought at least to equal the testimony of & single witness. . In a prosecution for perjury, it is error for the district court in instructing the jury to copy Scc. 155 of the criminal code and apform the jury that the section copied in- tes to them clearly what 1s necessary d material to b proven in the case then on ial without further instructing the jury as to what are the material allegations of the information and what facts are necessary to e established before they can conviet. State ex rel Wyuka Cemetery association vs Bartling. Mandamus. Writ denied. Qpiniou by Reese, Ch. J. 1. The provisions of chapter 15 of tho ses- sion laws of 1857, page 330, providing for the more efficient management and care of cem- eteries and cemetery grounds in cities of the second class and villages, has no application to ‘‘cities of the second class of over 5,000 inhabitants,” as created by article 2 of chapter 14 of the compiled statutes of 1885, but is limited to article 1 of said chapter and to chapter 14 of the compiled statutes of 1581, 2. Nebraska City being a city of the second class having over 5,000 inhabitants, is governed by the act of March 1, 1853, as amended by chapter 14 of the session laws of 1885, which act confers upon the city tho right to cnact ordinances for the purpose of flxrlchuing. holding and conlrorling ceme- ries. 8. As to whether chapter 15 of the session ws of 1857 is repealed by the provisions of apter 12, Id., subsequently enacted, s va. Webster. Error from Merrick ccounty. Affirmed. Gpinion by Reese, Ch. J. A county treasurer is mot liable for the penalty ided by section 12 of Chap. 93 compiled statutes of 1835, for the failure to register a county warrant presented $o him for such registration, prior to the expiration of ten days after it is issued, that timo beiug iven in which an appeal may be taken by a xpayer, and within which the county clerk 18 prohibited from dblivering the warrant. Eiseley vs. Spoouner. Error from Dodge county. Afirmed. Opinion by Reese, Ch. J, 1. Rent reserved by lease of real estate and not accrued at the time of a conveyance of the reversion, passes with such conveyance 1o the grantee. Every conveyance of redl es- tate shall pass all the interest of the grantor therein, unless contrary intent can be reason- ably inferred from the terms used. 2. In the construction of an _instrument conveying real estate, it is the duty of the court to carry into effect the true intent of the parties, so far as such intent can bo col- lected from the whole instrument, and so far as such intent is consistent with the rules of law. Comp. Stat. 1887, Ch. 73, Sec. 53 3. On the 20th of April, 1585, A. executed to B. a lease to certain real estate for a term of one year from March 1, 1885, the rent re- served being a share of the crop to be de- livered on or before January 1, 1856, Under this lease B, took ssion of the premises. On the #0th’ day of April, 155, and while the tenant was in possession, A. sold the real es- tate to C., conveying the same by warranty deed, ‘'subjeet to a lease which expires March 1, 1886.” Held, That C. was entitled to the rent reserved, the limitation in the deed only being intended as a recognition of the rights of the lessee, and a limitation upon tflhe covenants of warranty contained in the Hougland vs Vanetten. Motion for rehear- ing. Judymum modified. Opinion by Maxwell, J. 1. Section 29 of the code is but a statutory enactment of the rule which has prevailed in eourts of equity, that an action must be brought in the name of the party beneficially Anterested in the subjeet laniter. A Wero as- pignment of & claim, \herefore, where the Pproceeds of the suit are to bo paid to the as- r, will not entitle the assignes to main- taln the action. He must possess the bene ficial interest. 2. Where a claim has been d to a laintiff and ho thereby acquires the legal itlo but not the beneficial interest the court may, where 1t ‘"{lm lurlhl{n{hu‘!u( )\Isli:‘\', upon payment of permit him to acjuire th:} beneficial interest and proceed with the action. 8. Tho transeript of the trial court, duly cértified by the ci , will alone be recog- nized by 1l no’nurt. a8 to all matters whic record in that cu vs.F,E. & M. V. R R. Co. Error i ] A ed. inion ‘h';,m Dor:fl:,mnnty Afirm Opinl The right of eminent domain gives the ature the control of private property for e uses, and for pubMe uses only: and in caso of a railway this right is restricted to “80 much real estate as may bo necessary for the location, construction and convenient use of the road.” 2. Where roal estate is necessary for the location, construction aud convenient use of a railway, and there is a building on such roal ostate, and the commissioners in making the award of damages in condemnation pro- ceedings find the value of the real estate without the buiiding, and an additional sum with the building, and give the owner an op- tion to take tho value of the real estate and the building, the owner cannot, after receiv. ing compensation in full for the land and building, he company for the value of the building upon the ground that it bad mis- appropriated it by lofih!gll to other parties who had removed it from the right of wa; 3. The right of o railway company to con- demn buildirgs situated on real estate nece sary for its use, is an incident to_such right to condemn, and tho owner must be paid full value for the land and the building, City of Walioo va. Dickinson. Appeal irom Saunders county. Affirmed. Opinion by Maxwell, Ch. J. Where the city council of the city of W. by a vote of two-thirds of all the members elect adopted a_resolution to advance to said cit; certain _contiguous territory, describing it, and thereupon the city filed a' petition in the district court, together with an accurate plat of the territory sought to be annexed, and prayed for the annexation of such territory. the petition stating all the facts requived by scction 09 chapter 14, compiled statutes, ob- jon being made that the power cenferred on the district ocourt was slative and not judicial} Held, that as 8 conditon of such annexation the court was required to find the allegations of the petition to be true, and that such terri tory, or a part thereof, would reccive material benefit from its annexation to such_city, or that justice and oquity required such annexa- tion, and to enter a decree accordingly. The questions thereforo are, 8o far ofa judicial character, that the courts may be invested o determine them. son. Error from Dundy county. Opinion by Cobb, btained a judgment in a justice t W. J. W. July 1, 1884, With after W, W. presented to and filed with the justice an undertaking for an appeal which was approved, but, failed to present to and file with the clerk of the dis- trict court u certified transeript of the pro- coedings, including the undertakin before the second duy of the next term of the said court,” held more than thirty days after the rendition of said judgment. At the October, 183, term of said court, two terms of court having inter- vened, C. A. W. filed a transcript of the pro- coedings of the Justica, and on his motion the cause was docketed and & judgment entered m his favor similar to that entered by the justice. On error, held, that the right of C. A.W.to proceed in that manner was not limited to “the same term” at which W. J. W. first became in default, and that the judg- ment be upheld. State ex rel Buffalo County vs Allen. Mand- amus. Writ allowed. Opinion by Cobb, J. It is the duty of a county treasurer to make searches of the tax lists, books and records in his care and custody as such county treas- urer, and to mako abstracts and copies there- from and attach his cortificate and seal there- to when lawfully demanded, and to demand and receive reasonablo fecs therefor. Andit is also his duty to enter in the feq book to be kept by him for that purpose, every item of fees received by him, including those received for such abstracts, copies and cortificates, and make quarterly reports thereof to thé county board. CITY ITEMS, The legal holiday closed district court-proceedings yesterday and Judge Chapman adjourned for the day to his home in Plattsmouth. The Grey Silver Mining company, of Riverton, Neb., was a new corporation which _fited articles of incorporation ycstcrda\i". Capitol stock $5,000,000. The incoln Land and Townsite company has nrlmsged a cheap excur- sion to visit Thursday their new town of Alliance in Box Butte county. State Senator Keckley, of York, Sen- ator Brown, of Clay and ex-Senator Or- lando Tefft, of Avoca, Cass county, were at the Capital hotel yesterday. The three different Chautauquan cir- cles in the city united in a meeting commemorative of Washington’s birth- day at the Y. M. C. A. rooms last even- ing. The programme was both novel and interesting as well as instructive. Neil Burgess appeared at the opera house to a large audience last evening and Bill Nye is the attraction to-night with his lecture, ‘“The New South.” As the south is the only part of the country he has not visited, his lecture will treat entirely upon facts. Mrs. Flynn, a good-appearing woman who is much given to intoxication, was sent to the county jail yesterday for thirty days. Sheis a former resident of Grand Island. A barb wire factory for Lincoln is one of the latest improuements practically assured. The negotiations are in charge of Messrs. Raymond, Utt and Boehmer, of the board of trade. . “Lay thy sweet handsin mine,” he said, but she only remarked that she had neuralgia and must hold her head. He gave her Salvation Oil and now he holds her sweet hands by the hour. From almost every section of the state come reports of a goneral improvement of the health of our people due no doubt to the influence of Dr. Bull’s Cough Syrup which costs only 25 cents. —_— A man in Milton county, Georgia, owns & mule which wants to go at a snail’s pace. A hickory fails, though well applied, to increase its speed. The owner, therefore, provides himself with lenty of cotton seed or drysand, a andful of which, peppered on the mule, makes it get up and get with astonish- ing speed. ——— No morphia, no opium in Dr.J. H, McLean’s Tar Wine Lung Balm. Itis prompt, safe, and sure, will cure a cough or throat trouble quicker than any other medicine, only 25-cents a bottle. ——— It has been ascertained that,*free as light and air are, thare areover twenty- seven thousand families in the city of Paris inhabiting apartments having no other openings than'a door, and that at least sixty thousand famili in the city of Loundon reside in cellars. he el The mill owners in Charleston, S, C., ave about to try an experiment which will revolutionize their business. Col- ored laborers will be substituted for white in all the departments. Although By et I EYe Dean bulite the south, white labor has been hitherto exclusively used in running them. phrkad i, That Columbia’s daughters are charming creations Is a fact that's admitted by all foreign nations. 'Tis also well known that American girls Tn marriage aresought by dukes, marquises, earls, But their principal charm, belongs to me and you, . 'l'hu:lr magnificent teeth to SOZODONT ue. B Mrs. Clinton Davis, of Macon, Mo., left her three little children at home without food or fire early in the morn- ing and did not return until midnight. The two little boys managed to get into bed and keep trom freezing, but the girl baby crawled behind the fireless stove and was frozen to death, —_———— A hunter in the Sierra Nevada mountains was chased for two miles by two fierce mountain lious. Findin that he was liable to be overtaken and devoured he climbed atree and re- mained in it all night. In the morning the lions went away and he got back to his home in safety, A STATESMAN'S DEPARTURE. The Ceremonies Necessary to Send Senator Bverts to the Capitol AN ASSORTMENT OF SMILES. Immodest Actresses—-The Duke Newcastle—of Vassa Students— Freaks of a Turfman—Clara Belle's Letter. of NEW YORK, Feb. 17.—[Correspond- ence of the BEE.]—Probably the reader would hurry around the corner to see William F. Evarts start for Washing- ton, so interesting are the small per- sonal charactevistics of great men. Well, sit comfortably in your chair, aud view the event through my eyes. Oh a rainy day this week a commotion was visible in the usually quiet and solemn houschold of the famous statesman, at Fourteenth and Second avenue. Per- sons could be seen hurrying - to and fro behind the windows, a thing which was 50 astonishing that residents on the op- poside side of the street sat down at their wmdows to watch. A heavy, old- fashioned carriage, with a low step, drawn by two well-fed and sleek looking horses, was driven up to the curb in front of the senator’s house. The old coachman, with his loose-fitting livery and awkward manners, hauled them up short, fastened the reins around the whip handle,and slowly clambered down from his scat. He opened the door of the vehicle, and looked into it, appar- ently to assure himself that no mischievous person had jumped in since he had left the stables. Then he slowly walked up to the storm doors of the house and gave the bell a strong pull. Then he went back again in the same deliberate manner, opened tho carriage door and stood there looking vacantly into it. Soon the storm doors opened again and the negress put out her head. She made some remark to the coach- man, which induced him to let go of the handle of the carriage door and follow her into the house. Five minutes later he emerged again with two heavy, sole- leather valises, which he stowed away carefully inside the carriage. Another five minutes elapsed. Again the door opened. This time Evarts himself came out. He looked rather under the weather. His heavy overcoat was but- toned tightly around him, and his coat collar was turned up, so as almost to conceal his oars. e same old stove- ripu hat, that had sheltered his head or the past ten years, was jammed down until it almost met the coat collar, leav- ing very little of his face to be secn, He also carrled two valises, and their weight was too much for l'{m, as he tot- tered considerably on his way to the carriage. An old lady, one of the sen- ator’s relatives, and a young lady, one of his daughters-in-law, stood in the door- way and watched him. As he reached the carriage, the coachman relieved him of his burdens and he turned around to wave an adieu to the ladies. It was a very awkward salutation, and immediately afterward he seemed to regret it, as compromising his dignitfi. He folded his hands behind his back, and walked up and down the street pavement in a thoughtful manner. It took him as long as it usually does to get out one of his complicated sentences before he made up his mind to get into the carriage. All this time the coach- man had been holding on to the car- riage door in an occupied way, which was as near as possible an imitation of his master’s own manner. When the senator had finally deposited himself on a seat hetween his valises, the coach- man closed the door and climbed up to his seat. As the carringe disappeared around the corner a handkerchief could be seen fluttering from the window nearest the house. The senator was waving a last adieu before taking his departure for his seat in the senate at ‘Washington. Funnier goings on were witnessed by me at a ‘“‘rehearsal for smiles,” That was what the stage manager called it, and such in fact it proved to be. There is a big spectacular entertainment at the Academy of Music, with a ballet and other feminine pleasantries in it. This is its seventh week, and the man- agers obscrved that many of the per- formers were becoming stereotyped in their manner. They went through their dutics in a prefunctory way and_this was especially true of their smiling, The ballet girl’s smile is of a cold and craven crockery charaeter anyhow. at its best. and. it really couldn’t stand any deterioration, There is really nothing for her to smile at, when you come to think of it,and she does it only asa part of her business. She may see her own dancing as others view it by means of downward glances, but she couldn’t get a look at her own mouth. All the pantomimists and dancers were sum- moned to this peculiar rehearsal. Being assembled on the stage, the footlights were turned on atfull head and the stage manager took his seat in front. “*When I say three, grin,” he smd. “‘One, two, threo.” IT WAS A LUDICROUS SCENE. The girls were in their street attire, and they were a prepossessing lot, with an almost entire absence of the mothers and grandmothers which traaitional i’csts attribute to the ballot. New Y has of late rejected over maturity in ballets, and managers have been com- pelled to provide youtirfulness. At the word of command, the long row of faces instantly become smiling. Some of the smiles were dimpled,pretty and natural, Others were grimances, The as ment of smiles was steaaily maintained for about a minute, and then the boss shouted: “‘Stop-” He told them that what he wanted to get rid of was the “set smile,” by which he meant that unnatural contortion of the which looks as much like m mouth pain as th. ‘We'll try it once more, ladies, if you please,” he said ‘‘and all of you who smile right will be relieved. Now again, one, two, three. There was considerable improvement, The exrrl fixed hiseye on the girl at the rig tof the front line, and said, ‘your's will do. Drop out. 'The second will remain. Three and four ean go. Five and six must do a great deal bet- ter.” Andsohe passed his comments along from one to another until the end was reached. Fourteen unsatisfactory smilers remained. And there the show ended so far as my eyes were concerned, for the man marshaled these imperfect girls into a separate room where there were large mirrors, and where spent the ensuing hour training them how to smile in & maoner bewitching to a theatrieul assemblage. A new danger has been developed for IMMODEST ACTRESSES, One of the bad signs of the times is the drawing power of the immodest burles- que. n evening spent at one of these popular entertainments affords amuse- ments of the lightest character, which is forgotten in an hour. Possibly more sentiment has been wasted in a century upon the unseen heart aches behind the footlights than the subject warranted, [URSDAY. but of the physical pains accompanying performances of this sort to-day there can be no doubt. ' There will come a time, and that shortly, when if decency fails to call a halt ghe doctors must. A painful ineident in this connection came under my notice about a fortnight ago. A certain burlesque, now running in town, has been ‘setting New York's puth by the ears by reason, not of its inherent cleverness, but of its abrevia- ted attire. In wmost burlesque 1t is possible for the girls tosustain the strain of the tights upon the shoulders by means of straps. The tights, it should be explained, have to be held up by a hard pull to keep them unwrinkled. In his place it is not possible—at least with the leading characters—and this weight, which is very great, is borne by the waist pre: ure, the shoulders being entirely ex- posed. One night a gentleman called at the stage door with an actor. whose wife has a place in the production, and is much ogled from the front of the house. She came out quite ill and suffering pain. While on the way home she was seized with convulsions, had to be carried into the nearest hotel and a physician summoned in haste. She was taken home in a cab, and the doctor propounced it merely a case of “tights.” The socret of this sort of martyrdom is the big salary attached to small talent and a good figure.” TIE DUKE OF NEWCASTLE has only one natural leg, the other being cork. He is far from handsome and his health is not good. Nevertheless, he has for more than a meonth been in- tensely admired in Fifth avenue, and now that he has gone away many hopes of matrimonial alliance have dvsmrlml too. There were two reasons why he was not seeking a rich American heir- ess for matrimo; In the first place, he was an exceedingly rich young man, and, therefore, had no need to balance his title against a fortune in a balance of wedlock; and, in the second place, ho scemed to b too sensible a chap to be caught by mere beauty or blandish- ment. The tuft-hunters of New York society had a determined go at him,and he accepted enough of their invitations to gain all the parlor amusement that he cared for while here. He hada suriously self-complaisant way of de- ciding upon each occasion exactly when he was satisfled. He would go to a ball or reception, and stay no longer than he pleased, ~Although scheming moth- ers and ardent dsughters might be met- aphorically and almost literally hang- ing onto him, he would excuse himself and go away at the end of the first hour, in case he had by that time got all the diversion that he thought obtainable. He was always polite, however, and never showed anything but the highest consideration and re- spect for his hostess and her guests, His whole name was Henry Pellham Archibald Douglass Pellham-Clinton. Our Little girls called him Little Dukey for short, but not within his own hearing. Nor did their gentle ridicule begin until he had fnade it quite clear that none of them’could become his wife. Indeed aside from his small and weak physique and his cork leg there was nothing to make fun of in the duke of Newcastle. He visited several clubs, and became something of a fayorite with men, who pronounced him intelli- gent affable and uhpretentious. Just before his departure the story went round the circle of fashionable life that he had become engaged to Miss Edith Garner, and this impression came of his frequent calls: upon her. But it turns out that her:finance 18 another English lordling—Earl of Chesterfield, said to be one of the handsomest men in Great Britain. Her parents were drowned by a yachting disaster in New York bay a dozen years ago. Her father was an immensely wealthy man and her mother was an ex-actress. She has grown into a handsome and accomplished young lady, and the for- tune left her by her father has appre- ciated into something like a million. Miss Garner will be the seventh New York girl who has within ten years married a real English lord. Really we are getting.on with the nobility. At the gathering of VASSAR STUDENTS and alumni in this city a recent obser- vation, to the effect that mourning dresses were conspicuous at Vassar col- lege, was shown to be correct. The number of girl students in somber black was 80 large a8 to evoke comment. It seemed altogether disproportionate to the entire assemblage. Many were in deep mourning, and their sad faces, showing that their afiliction had been sufficiently recent to be still alive in their minds, made sorrowful contrasts to the general life and bustle. These fair mourners would not have thought of going to any other social gathering,and here they attended for the reason that it wasa tribute to Prof. Mitchell, a beloved instructor. As 80on a8 it was learned that he would not be able to be present most of the mourn- ing people went away. While many of them looked extremely sadin their sim- le black dresses, among the most rilliantly attired women, they were in- describably sweet. Their pale faces, and dark costumes made them conspic- uous in the bright colors. They were like 8o many beautiful Madonnas, intel- lectual, lovely and refined. Vassar irls’ are accustomed to mourning resses in the college. During each school term there are seldom less than thirty to forty in black. No doubt it is the eame in the institutions of learning devoted to the other sex, only it is not 80 noticeable. A girl dressed in mourn- ing compels instant attention, while a boy's clothes ave not so striking. Many young men ignore the laws of society in regard to wearing black as a mark of respect to their departed relatives, an how, and a girl rarely does so. In the extravagant freaks of Isidor Cohnfield, THE FAMOUS TURFMAN and importer of ostrich feathers, there was one that has eived no mention. That was the private circus that he built for_his childfén. Tt was an elab- orate and costly affdir, and it helped to bring about the financial ruin into which he is at présent plunged. His downfall has brought to my notice an- other prominent New Yorker who has thought it well to' have an exclusive riding place for Ms children. The comparison does mot extend further, however, because Judge Freedman, the gentleman in questien, is a conservative person, and considers his position on the bench of the supeyior court too seri- ously to find any time to devote to sport- sporting life, ,even were ~ he s0 1nclined. The , judge’s residence isone of the finest 'in Harlem. Tho riding rinF is a one-story building which adjoins his dwelling, about twen- ty-five fect high, and built substantially of pressed brick. Two small windows are nearly covered with the well- trimmed ivy which stretches all over the northern wall. In front is a well kept lawn, a rare thing in New York. If a man’s life depended upon it he could not guess the purpose of the ex- tension. I stopped to admire the vine- conered building, when a merry peal of laughter fell upon my ears. While [ stood puzzling what it all meant, the laughter was repeated this time ina pro.onged peal, followed by a thumping us of iron striking wood. Then [ realized that the mysterious sounds came from the interior of the low building. I investigated and was dumblounded. Inside was & regular (Ul (e ined alS e L riding ring, and in it were five girls, mounted on spirited horses, prancing and curvetting, The fair equestriennes were a sight worth looking at. Their faces aglow with excitement, the_pictures of per- fect health, they raced with an abandon and recklessn that was almost nrpulHnLn They indulged in all kinds of wild pranks, showing a complete con- fidence in their power over the flory animals they rode. The latter seemed to join ine the spirit of the fun and needed but little conxing to rear and plinge and kick up their heels in vain attempts to unseat their courageous riders. Two of them were the judge's daughters. CLARA BELLE, — An Imperative Necessity. What pure air is toan unheslthy locality, what spring cleaning is to the neat housekeeper: 8o is Hood's Sarsa- s lla to everybody, at this season. The body needs to be thoroughly reno- vated, the blood purified and vitilized, the germs of disease destroyed. scro- fula, salt rheum, and all other blood disorders are cured by Hood's Sursa- lla, the most popular and successful spring medicine. [ — A SPECTRE ON THE WHEEL.: Curious ApparitionaWhich is Seen on the Denver Pacific. Denver Tribune: The trainmen on the Denver Pacific railroad have been reporting a very strange manifestation. Mr. W. H. Smith, a conductor on this road running between this city and Cheyenne, is the authority fora very curious story concerning an apparition which has shown itself to several train- men during the last two months. The is substantially as follows: Conductor Smith's train, a freight, left Cheyenne in the evening about two weeks ago. The sky was clear and the moon was shining. About fifteen miles this side of Cheyenne, at the foot of the hill, is the point known as Big Springs. The conductor wasin his caboose, seated in the lookout. The train was running somewhat more rapidly than schedule time, and Mr. Smith gave the signal to the engineer for a whistle for brakes. The whistle was given, and just at that moment the conductor saw, about three lengths ahead, seated on a brake- wheel, a man, whom he mistook for one of his brakemen. The figure did not move at the whistle and the conductor climbed down to ascertain the reason of such apparent neglect of duty. OAs he stepped out of the caboose door he discovered his rear brakeman busily twisting the wheel and farther up the train, beyond the figure, was the other brakeman alsoat work. The conductor called the attention of the rear brake- man to the figure and together they started toward it. ‘When they were within a car and a half’s length the man deliberately vose to a standing posture and stepped off the side of the car. There was nomovement as if the man had lost his balance and fallen off, but he apparently walked off just as a man would step from a curb- Stone into the street. The watching trainmen were horrified because the, could real no other effect from sucl an x\X;m-em\y suicidal movement than the death of the man, dashed against the ground many feet below. There was, however, no such results; nor, in fact, could the man be seen atall. He had vanished. Several trainmen, upon Mr. Smith re- lating his experience, statod that they had heard sometbing very much like the same experiencé occurring to others atthe same point on the road. One brakeman, named Malone, was found whosaid that not more than a week previous to Mr. Smith’s curious exper ence he had turned around as he was go- ing forward on his train, setting the brakes, and beheld a man sitting on a wheel three cars behind him. Hc was not startled until he went ahéwd three cars mor®and looking back saw the fel- low sitting on the brake-wheel at the rlnce where he had stood himself when he first saw him. The spectre or man, or whatever it was, kept just three car lenghts behind him all the way until he reached the engine. He called the at- tention of the fireman to the apparition and they turned back to see what it was. The figure, as had been the case in M Smith’s instecce, rose from the wheel and deliberately walked off the end of the car, No crushed or mangled re- mains of an unfortunrte could be found nor could anyone beseen. The man had vanished in thin air. Neither of the railroad men who tell this peculiar story are a bit supers tious and both were in their sobere senses when this peculiar apparition aj peared to them. No ace 'idlenb has oc curred at Big Springs within four years. About that time a freight train went to ieces on”account of a broken rail and a rakeman was kiled. There is some- thing funny about the affair. If itisn’t one, what is it? e The Only Line That Gets There. It has been well said by a distin- guished writer that ‘‘the Michigan Central is the only ‘Niagara Falls Route’ in the country.” It is theonly railroad that runs direct- ly by the falls and stops its trains at a point from which all rts of the falls and the rapids are in full view, From this point, called Falls View, the scene from the Michigan Central train, whether in its summer setting of emer- ald or its winter setting of crystal, is one of unexampled grandeur and sub- limity. Asit is on the direct roate to New York, Boston, ana New Eng- land, no east-bound traveler should fail to take advantage of it. R A gentleman living near Winterville, Ga.,broke the knob off ene of his doors, and for the want of something better he put a coffin handle on the door, and now there 15 not a negro in_the county who will open the door. This would be a good thing for a corn crib or hen hous e Itssuperior excellence proven in. million sof homes for more than a quarter of & century, 1 18 used by the United btates Governmen . En- by of the Great Universities as the Strongest, Purest and most Healthful, Dr, Price's Croam Baking Powder docs not contaln Ammonia, Lime or Alum. Sold rmlénl‘fl cans, PRICE BAKING POWDER MEW YORK, CHICAGO. STARTIING STATTIS More Men Emploved bv the Railooad Companies in the United States, A NEW YORK NEWSPAPER WRITER Compliling Statistics Which Will Star- tle the Bost Informed Citizens, Some writer in New York—presumably mora ingenious than ambitiou 18 u'(-pm?lll o8- timates on the number of ratlroad men at work in the United States. His work was prompted Dy the remark of Chisunye Depew, at & recent banguot ot locomotive enginoers, ‘that the New York Central road alone lgd more than ten regi- ments of men fu its employ. According to the work of the statistician referred to the railroad men, or the men at work in all the different brauches connected with the raflroads in tho United States, if gthered together, would muke an army greater than that of Xerxes when he marched eastward to the conquest of Greece, According to his figures noEuropean nation hasa standing army one-half the numerical strongth of the American railroad men, and, it he s right, the rallrond men in this country, taken together, exceed fn number the rolls of both the union'and_confedearte troops of our late war added together, It this is true it 13 indeed wonderful, But when one stops to think that there 13 nota city antry that does not e of any size In the ) aders, these figures do not ploy its host of ral seeln 8o very strange Omatia and Council Bluffs, with their net- work of raflroads that stretch cut like innum- erable radall from the center of a circle towards mgerence, have a small army of rail- road men and e s living within theh bounds. The wri with their num nent part of the population of both cities than in the urse of & conversation recently with Mr. William Connor, who was in the employ of the Union Pacific for nineteen consecutive years. A machinist b, 0 but for some time ast has been taking life belng now in his ith year. He i3 well and favorably known, r sidiug In Omaha for the past 33 During the conversation serfous sul talked about, among which was the heaith Mr. Connors,who si have been troubled for yeurs with What several physicians tory malarial fever. My trouble began with a cold and1had a high fover which continued un abated for about thi weeks, which was tended with more or less of a cough and the rising of mucus of a tough kind, and which seemed to hold on with the tenacity of a fight- ing bulldog. I called in to assist nature a lead. |u$ physiclan, took hi: edicine, but got no re lief. Wanting help I consulted another and sti another, among them being the so-called best doctors In the city, They doped me with QUININE COD LIVER O1L ARSK! ther nlr\lglx, and in place of getting better T worse. actually belleve h bottles boxes enough at home to start two apoth 'y _shops. _1amnot exaggerating a particl w rty-tive or forty tly bli; 1 had pain in the front part of my head,and throuh my chest and in my shoul- ders. My nose would stop up sud made my athing dificult.” Yon were certafnly in & bad way."” *Yes, but that was not all my trouble. While lylng down at night the micous or phleghm would gather in my throat and I would swallow it, which, T think, polsoned my stomach and formed a gas, and after a while nothing that I ate would want to remain on my stomach, which, in addition to my liver, seemed to Le always out of order. My eyes were weak and inflainmed, and emitted "considerable water at times. 1had a buzzing and roaring notse in my head and ears, which put me in mind of a train of cars passing through & covered bridge: would hawk and spit almost continually, and in the morning after rising would have to gag and vomit for sometimes an hour before I would get my throat clear.” "But you seem all right now?” Do you feel as well as you look?" querled the scribe, “Well, I should say. Iam all right now, and think I feel oven etter than Ilook." 1By what method or treatment did you obtain uch needed reliet?” have beon & reader of the daily papers ever since they were published in Om: ‘and read the notices of the cures people had received by using Dr. McCoy's treatment. T concluded to try him, the result is I feel well again and am thankful there is located in Omaha such a spe- clalist as the doctor. I find both the doctor and his assoclates men of ability and believe them to be thoroughly reliable gentlemen. Mr.Conner resides at 1616 Webster street,where he will be glad to corroborate the above state- ment. —— A LEADIG PHYSIOLOGIST Advances His Theory of Catarrh and Consumption—His Advice on the SBubject. One of the best learned physicians of modern times, in an article on catarth aud consump- tion, says: *“The treatment of consumption has made great advances by the introduction of new remedies, and has enabled the close student and speclaiist to establish indications for remedies long in use, so that by their methodical applica- tion better results are attained than were for. merly gained at a time when consumption and cancer were regarded as edually {ncurable, and were somewhat sinilarly treated. “The treatment of consumption demands a caretul avoldance of all agents calculated to cause hyperemia of the lungs and bronchial ca- tarrh- ‘Persons in_whom & tendency to con- sumption is suspected should be treated with the greatest care and attention, “Finally, whenever there is the slightast sus- picion of & predisposition to consumption, every catarrah, no matter how slight, should be treat- ed with the utmost cure, whict must not be re. Iaxed until the catarrh'is_entirely well, This rule, 80 obvious from our point of view, is very treguently violated, “Sany patients fall a_victim to the deeply rooted prejudice that a neglected catarrh never leads to consumption. IN SIMPLE FORM. Popular Explanalion of a Matter Usually Velled in Technicalities. In thi mneetion there can hardly be a more interesting subject than the ultimate effects of catarrh upon the hearing, The processes of this disease in poisoning the breath, rotting away the delicate machinery of smell and taste, pois- oning the lungs and the blood, and passing into the stomach, enfeebling the digestion, vitiating the secretions and polluting the very fountains otiife. Al this haw, Derhaps, boen very gen: erally discussed, but the very frequent effect of catarrh of the nose and throat upon the hearing has not been touched upon &s often as the sub- Ject warrants. A very little study of anatomy will show the reader that the junction of the back passage of the noseand the upper part of the throat is con- nected with the ear by aminute and delicate pas- sage known as the Eustachian tube. Along this tube the catarrhal process extends, producing congestion and inflammation. By the further extension of this process to the mucus lining of the tympamun of the eur s caused. in somo cases, slight forms of catarrh of the middle ear, and in this way partial or complete deafness may in like manier result from the thickened tissue encroaching upon the mouth of the Eustachian tube. Partial or complete deafness may also result from eatarrbal * interfercnce with the nasal breathing, depriving the ear of a proper supply of pure air or from the effects of obstruction in the nasal passages, causing undue ra ifica- tion or condensation of the air in the mi ddle ear. In such cases as these general remedies,which ate of en prescribed, prove comparatively in- effective. A eure cah only be obtained by skill- ful and sctentific local treatment—and let 1t be said here that nothing couid be attended with more disastrous results than unskillful local treatment—combined with constitutional treat- ment and care for the disease which brought about the trouble to the hearing. Permanently Located. Dr. Crosap J. McCoy, late of Bellevue Hospital, N . ‘and his assoclates, Iate of the University of New York City, also of Wash- . C., have logited permanently in ©' block, Omaha. Neb. where sl curable cases are treated skiiifully, Consumption, Bright's DI Dyspepsia, ‘Rheumatism, and nervous diseases, All ' diseas! peculiar to sex a speciaity. CATARRH CURED! Cousultation at office or by mail, #1. Ofice hours—0 to 11 & m..2t0 4 p.m., . Twspm Sunday Hours Frem 9 a.m. to 1 p. m. Correspondence receives ‘plompl attontion. No letters answered unless accompanied by 4c in stamps. Address ll letters to Dr. McCo; . Rooms 310 and 31), Ramge Building, Omaha, Nev, ERVOUN, DE| 4 LLY and IONORANY his VIGOR of HODY, B 1, causiug exhausting A S v . Who 1s WEAK, D, who inhis has TR rLan 4 WEA LR the (‘l‘{‘ 861, D o A4 for Works on Your din nd 4 cents Werks on Chromie, neuli nd Add la:! (Becrel e SR averyuhate. Tateute: 0 SXPOSHFS: Hours, 810 8; Bundays, 9 to 1. ‘n‘darfi-, 186 8a. Ciark 8t. CHIOARO, ILL. DRS. 8. & D. DAVIESON, 1742 Lawrence §t, Denver, Col. Of the Missouri State Museum of Anatomy, 8t. Louis, Mo., University Collego Hospital, Lon don, Giesen, Germany and New York, having devoted thelr attention SPECIALLY 20 THE TREATMENT OF Nervous, Choon and Bl DISEASES. More_espocially those arising from impru- detice, vite all wo suflering to correspond with. out delay. Diseases of infection and cohtagion cured safely and speedily without use-of dan- gerous dru s Whose cases have been neglected, d or pronounced incur- 0 write us concerning thele JUST PUBLISHED, And will be mailed FREE to_any address on re- ceipt of one 2-cent stamp, “Practical Observa- tions on Nervous Debility and Physical Exhaus- ton" to which 1y added an wHssay on Mar, Fiage, with important chapters o %se of the Reproductive Organs, the whole formiug a valuable medical treatise' Which should be read Dy all young men, Address DRS. S. & D. DAVIESON, 1742 Lawrence 8t., Denver, Col. GRATEFUL---COMFORTING Epps’s Cocoa BREAKFAST, By a thorough knowledge of the natural laws mihich govern the eperation of digestion and nu tion, and by earatul appiication of the ane pro of wollselected’ Cocou, M. Kups bhe provided Droakfast tables with ' delicately flavored hoversko whiich may Aave us many heavy doctor's bills, Itls by the fudicious uso of Auch urticios of diot that s constitution may b gratunlly bullt 'wp uutil sttong enough to resist every tendency to disease. Hun. dreds of supilo maiadies are floating around us read 20 attack wherover thore {8 n woak point. We ma scabe many fatal shatt by Kgeplog ourselves we fortitied with pure blood aud & properly nourished trame."—Civil Servico Gazott Mad, with bolilng water or milk. Sold only in Balf pound tins by Grocers fabeled thus: JAI}S EPPS &c I Homaopathic Chemists, LONDON, ENGLAND, MPORTED STALLIONS FORSALE Percherons, Clydesdales and Shire, also home bred colts. Every animal guaranteed a breeder Our stock has been gelocted with roforencety both {ndividual merit and pedigree. 16 Of these horses h: taken fii braska Btate Feir, 1887, climated, and colts of their get can be showq. Prices roasonable and easy terms, Is accessible by thothrae leading railroads of the state, B, & . V., and K. C. ), FRY & FAHRBAH, York, Neb E.T.Allen, M. D., Homeeopathic Speclalist, EYE wi'itie. EAR J.W. Barnsdall, M. D Homeceopathic Specialist, SURGEON Gynacologist and Obstetrician. Telephone 979. RAMGE B! , = » OMAHA. W. J. GALBRAITH, Surgeon and I'lwlcln. Office N. W Corner 14th and ouglas St. _Office, telephone, 485 Residence telephone, 568, SteckPiano Remarkable for powerful symps- thetic toi bl andub- ‘@ of these instruments, WOODBRIDGE BROS, Health is Wealth! PO 11 {3114 | AT Dr. E. O, Wn(r‘:leml'; A‘lb l?m«lll -u"- MENT, & guaranteed s) c_tor Hyster] 221 ¥ s} h Nervous N i {0 nes: nvul ts, Headache, Nervous Prostration, caused by th use of wlooliol or tobacco, Wakebulness, Mintal Depression, Boftening of the Brain, resiiting in I X ing to misery,decay and death, Premature Old_Age, Barrenness, Loss of Power In either sex, Involuntary Losses and Sp torrhaes can: by over-exertion of the self-abuse or over-indulgence. Each box con: tains one month's treatment. 81.00 8 box, or six boxes for .00, seat by mail Prepald on Feceips of price, WE GUARANTEE 81X BOXES To cure any case. With each order received by us for six bo: companied with 5,00, we will send the purchaser our written guarantee to re- fund the money if the treatment does not effect e, Guarantees issued t»niflby S V. gtflbn- MAN, l)nu‘.uul, Bole Agent, 1110 Farnam Street, Omaha, Neb, London Granules. - Ellminates lnst vestigo of Syphilis, | Chronto &1mpure Blood They huve i iar uswid the purchuser ou f the treatment reo. LONDON MEDIC wasas City, Mo,