Omaha Daily Bee Newspaper, February 28, 1888, Page 8

THE CITY HALL fiewxmox.] Continuation of Testimony in the Suit Before the Judges. HIS YOUNG WIFE ABANDONED. Death of Mrs, Josiah 8. McCormick ~—Grand Opera House Changes— Florentinian Breaks His Leg—City News. Hearing of the Injunction Suit. The hearing of testimony in the injunction suit of the Bee publishing company against the city of Omaha was continued yesterday in the district court before Judges Wake- ley and Doane. A number of the councilmen, the mayor and many contractors were present and sat throughout the session. The plaintift first produced witnesses to prove that building material and labor was much higher at the present time than in the spring of 1586, The defense unsuccessfully attempted to refute this testimony by confining its questions as to the price of stone alone. Mr. O. J. King was the first witness called. He stated that the advance in building ma- terial and labor had been not less than 20 per cent since Marc In reply to Mr. Webster's question: ‘I8 not the price of stone in this city less than in the spring ot 18861 witness replied that it was not, as since that time the railroads thad advanced the rates on stone from 10 to 12 cents per cubic foot. Hé had figured on the city hall, but did not put in a_bid. On redirect examination witness said that spec- ifieations for the city hall stipulated that the stone should be purchased in Ohio. Mr. Louis Heimrod, member of the board of public works. was next calledi He testi- fied that the board had never advertised for bids on the basement and superstructure combined according to Architect Myers’ plans. In October, 1887, the board had re- ceived notice from the council to stop work on the basement on the ground that the south sixty feet of the east wall was not of the roper strength to support the superstruc- ure. The board then wrote to Mr. Myers, asking him to come and make an examina tion of the wall. Mr. Myers came, but prior 1t his visit the council adopted a resolution instructing the board to lower the east wall. Mr. Myers said that it was unnecessary, as did also the city engincer, The board notified the council of these two opinions but were again ordered to lower the wall. Bids were then advertised fo The superintendent of public buildings esti- mated that the cost of the work would not exceed $2,200. But two bids were received— one from Brennan & Co. of 5,850 and one from Cunningham & Ryan of $6,500. These bids were sent to the council. On cross ex- amination witness said that the above related facts were matters of official record. From appearances he should judge that it was the desire of the council to make the foundation more secure. On Dee. 20, 1887, the council orde; the board 1 advertise for bids for completing the basement_and superstructure, the con- tract with Brennan & Co, having been annulled. Mr. John F. Coots was the next witness. He stated that he had been engaged builder and contractor for the past tw eight years. He had cxamined the plans of Mr. Myers. Witness statéd that the cost of building material and labor had advanced from 15 per cent to 20 per cent since the spring of 1886. In ywitness’ opinion the city hall could have been built for 200,000 in the spring of 1886, On cross examination Mr: Coots stated that he had made a careful estimate of the work, but did not put in a bid as the bonds had not been voted for at the time, and there were no visible means in the city treasur; ‘Y to pay for the work. Witness also testified to the advance of rates omn stone of from 10 to 13 cents per cubic foot. City Clerk Southard was then called. Wit- ness produced his books and read the resolu- tion offered in the council February 14 to change the. location of city hall to Jefferson square and which was referred to the com- mittee on public property and buildings. Witness then read several resolutions adopted by the council concerning she annullment of the Myers and Brennan contracts, Brennan & Co. had acquiesced in that annullment. Councilman Mike Lee stated that he had in his possession the written claim of Bren- nan & Co. for their work on the city hall basement. He was ordered by the court to produce it in court duing the afternoon. J. B. Piper, secretary of the board of edu- cation, produced the books of the board and read the proceeding of that body with refer- ence to fheir interest in the hall, Court then adjourned until 2 o'clock. TIE AFT ON PROCEEDINGS, Promptly at 2 o’clock the proceedi resumed by the recalling of City Southard. He testified that ordinance No. 1,300 creating the city building and ratif; its present site was " ap) proved by the “city il ¢ s voted upon and sustained by the le, oters of the May 3, 1587, by avote of 3,010 for to : against. Edward J. Brennan testified: I am one of the assignees of the contract for the basement and sub-basement of the city hall; February 14 1 put in & bill to the council amounting to £3,100; I claim the difference between #19,256 which has been paid; there is a bal ance due of some &33,000; part of it is due un- der the contract and part of it fo tras, By Judge Wakeley guring my bills T —deducted from the total amount the quantity of material and labor to complete the con. tract; the contract price was £48,640; I put in abill of £5,000 for extras. By Mr. Simeral—I have not finished the work, Cross examined by Mr. Webster. The ex- tras are not under any contract; they were ordered by the city engineer and other city officers in charge; the part of the extrus comes from the grading; part of the grading was in the contract and part of it was not; the extras are for grading and change o material; have not received a cent from the council for these extras. By Judge Doane—The architect approved somie of the extras but did pot order them the extras were for sewer pipe and the si ing of the basement, the superintendent in charge and the city engineer ordered this done; at the time the chairman of the board of public works took but little interest in the work; the extras were not ordered by the ‘board of publle work: By Mr, Hall y theory is that the archi: tect considered t langes in the sewerage and the depth I should go for foundation, as extras, in fact he told me so. Frank Murphy, testitied and l4th of l‘l\nnm\ had rsation wi number of me city council m ference to th had no talk with them in refe moval of the site; heard two councilmen say that they were not in favor of a removal; remember having had a conversation with Mr. E. Rosewater; did not tell Mr. Rosewater that if he kept an article out of the Bee reference to the council demanding 50 per © from the gas company the city hall mat ter would be droppe had with Mr, Rosewater was to the that two councilmen told me that they not in favor of moving the hall; informal talk with hiw in refe company arti Cisy Clerk Southard produced the records of the council showing that Hodgson & submitted & communication in reference to furnishing plans for the city hall. This was on February 6, 188, when the Myers plans were cancelled by the city. The plumntiffs vested their cuse, and the defendants took up theirs, Councilman Mike Lee chairman of the committee appointed to ex- amine Brennan & Co.’s bill; the committee have made no examination of it; I am not famiiiar with the justness or houesty of the Dbill as 1 have not looked at it since I got it from the city clerk; have not entered into any collusion with Mx\\'nl Broateh, Reagan Bros,, or other members of the council to allow the Breunan claim; when the com- mittee reports it will be made to the council; never had any iutention of moving the city hall from its present site. By Mr. Hall: Have been a member of the council since April, 1585; havs grocery and real estate busing time, and _am now in the livery have had Mr. J. Brennan and J. L. Nic! lml in partnership with me; they were with me in the real estate business; we were in Euonncnhlp August 16th, 1887; have known ntractor Brennan since he' was working around the court house; knew him tlmumu ‘he went vhrough the per(ol‘lnunm of assum- | in oonlnu.l- of Reagan Bros.; am We of e Between the 6th city hall site; mee to the re- testified: T am councilmen who ' voted | for the carrying on of the Brennan contract after the board of public works annulled ity examined into it thoroughly ; the reason I was in favor of setting aside t o action of the board of public works was that the. board had let the contract to Nevins & for £17.000, when Brennan tqld me the work could be furnished for between #5000 and £0,000; he did not say anything to me about £7,000 or $5,000 extras; J. C. Brennan was on the bonds of Reagan Bros.; the council never sanctioned the transfer of the Reagan Bros. contract to Brenan & Co.; the council recognized that Brennan was acting only for Reagan Bros, : the council never recog- nized Brennan as the ontractor; when the Myers plans were rejected 1 voted to let out Reagan_ Bros, By Mr. Webster—The contract ~with Heagan Bros. has never been annulled; the council directed them to suspend work. The bil! presented by Brennan was handed over to the court by Mr. Lee. W. F. Bechel testified—Have been presi- dent of the neil for nearly three years;am on the committee to whom the bill” was re- ferred; am not in favor of allowing Bren- nan's claim if it is not fair and honest; have had no _understand- ing with any one what _ action 1 shall take, nor entered into a collusion with any one in_reference to it; have not the slightest idea or intention of moving the city hall from its present site. Cross-exami by Mr. Hall — Have heard it talked that an effort might be made to mov the hall have heard some of the members of the council talk of moving it; don't remember that a resolution was introduced in the council to- wards moving the hall, W. J. Broatch, testified: Am mayor of the city of Omaha; will not allow an, llhll of Brennan & Co. that is ad no conversation with any it; will not allow it if it is un! just and hon- 1 was present at the council meeting that inulled the Myers plans«nd the Brennan contravt; made i3 an sign the resolution before I would sign it: am not in favor of the moving of the ci hall site; would vetoa resolution of the council stould it pass one moving the present site, Cross-examined by Mr. Hal is that the hall should not be been brought to my mind in various ways, pro and con; my object in having Brennan sign the resolution annulling his contract at the time was that it might protect the city from any law suit he might bring agamst the city; Mr. Connell was present, but I don’t believe he suggested it; don't know as he was representing sny one at the time; the resolution I approved was done with the understanding t! it reieased Reagan Bros. and Brennan & Co. from their contract. Mr. Tillson recalled by Mr. Webster. The records show that August 18, 1885, 405 was ordered to be paid out of the board vf educa- tion bonds for grading; this sum was taken out of the £25,00 bonds, Mayor Broatch explained for the Brennan endorsement for the annuling of the contract appearing on the back of the Myers' annul- ment was that he was not aware that there were two separate resolutions, and they be. came mixed up. It was his intention to have the endorsement on the paper relating to the Brennan contract. George C. Whitlock, Dbuilding inspector of the city committee to examine Brennan's accounts; have scen none of the papers; have no in- tention of allowing Brennan & Co. more than what is just, have not thought of it in fact; sent a comuiunication to the city council in reference to lowering the east wall; don't know what became of the communication. Cross-exammed by Mr, Hall-Have had no talk with Architect Myers in reference to the basement of the hall building; the city hall would be unsafe with the basement on which the east wall was to be built; noti- fied the council to that effect; the basement of the city hall where the cast wall rests is four feet below grade: the wall would crack on such a_basement; if the basement was seven feet deep the wall would not be as likely to crack; never putup a building of the character of the v hall; looked at the Myers plans once; have not m:ade a thorough uxm“lnnuml of the work. Councilman ‘Fom Lowry testified—Am one of the committee umemo(l to examine Brennan & Co.’s bill; have made no examin- ation of 1t} e no intention of allowing the bill if it is not just and proper: have taken no steps for the removal of the city hall from z‘m\ present site; have no intention of moving s § Cross-examined by Mr. Simeral — Have been a councilman since 18%6; am in no busi- ness at the present time; was a member of the council when the contract was let to Reagan Bros. ; remember the time the board of public works annulled the contract; voted to overrule them; befo doing so talked the matter over with Coun man Lee, in fact all the members; the rea- son I voted against the annulment. was_that the board had no right to annul it and re- awarding the contract to some one else with- out advertising; did not consider at the time that the Reagans had not lived up to the contract; had no conversation at the tin with Reagan Bros, or Brennan & Co.; sent ut the meeting of the council on the Gth of February; the sergeant-at-arms noti- fied me of the meeting; he met me on the strect; voted to anuul Architect Myers' plans; thought it was a good idea; would have stood by it regardless of the mayor's action; ha ver made a thorough investi- gation of Myers' plans; the specifications are lacking; they do not designate how the wood and iron should be used; am not a contractor or builder; investigated the plans when the Nevins & Co. contract was submitted ; do not think the contractors could bid intelligently on the plans and specifications; had no talk with Brennan & Co. about letting them out on their contract: never talked with Brennan on the eity hall question; voted to repudiate the Myers plans, thought it to the best in- terests of the city: think the best thing we can now do is to settle with Mr. Myers and look for & mew city hall, use the present basement if possible; knew we had #200,000t0 go ahead with the work, but did not consider it sufficient; we ought to have a larger building, buy more ground and put up a &350,000 building if the people will stand it; think a better building than the one pro- posed can be had for #200,000; have never seen any buildings elsewhere to make me think 803 my opinions are based on the way the work has been carried on so far; also that Mr. Myers chauges his mind altogether too often, By Mr. Webster—I believe that Mr. M, and Mr. Balcombe recommended the Rice & Bassett of 231,473 accept, when time. Owing to the absence of Councilmen Boyd, Bailey, whom Mr. Webster vorn, court adjourned at 5 0 this morning. District Court. MR, BAYMOND MUST SETTLE, The suit of McCague Brothers against C. S, Raymoud, which was tried some two or three weeks ago, was terminated yesterday by Judge W v, who handed down his decision in favor of the plaintiffs, The de- tails of the ¢ swell known. A stranger called on Mr ymond, purchased some 000 worth of goods and in payment of same presented a bogus New York draft for 1, mond uce it and © his check for the balance on the Omaha Nutional bank. Growing suspicious he tele- graphed the bank supposed to have issued ‘hange and tound that it was a for- . He then stopped puayment on his check. In the meantime the ‘swindler had cashed the check at MeCague Bros', bunk and left the city. McCaugue Bro's brought the suit wilh the above result. Mr. Ray- woud's attorneys gave notice of an appeal, WANTED—DAMAGES, othy Reilly has brought suit against [ramway company in the sum of 5,000 for dau sustained at the power house of the company. Plaintff alleges that he, by direction of the defendant attempted to unload a heavy iron colum, which fell from its bearings, crushing his foot. ADSTREET'S SUED, Machus and Zanter, doing business as saloon keepers want damages in the sum of #10,000 from the Brad; street Mercantile Agency for false and un- true statements scut out concerning their fiuuncial standing. HYAN AND WALSH'S SUIT. Ryan and Walsh yesterday brought suit agaiust Samuel V. Katz and the Northwest- ual Life Tnsurance company to col- , with interest due, for material and work on u building. My opinion noved; i testified; Am the amone of the there were lower bids at the is| o'clock until 9 Police Coure: ©The following cases were disposed of yester- day morning: Vagrants—FPrank Casey, John Spain, F. D. Bralley, one day each; James Cotter, five days. Suspicious Characters—John' Dozler, con- tinued Diunks—Charles Veurry, Mike McMahon, George Hyde, John Keene, discharged : J. Horrigan, dilirium tae- s, ten di T Lillegberg, #5and costs, arceny-Joe l,am-nsu-r, thirty days. Seidenberg’s Hgnrn is _the only long Havana filled 10c cigar for b5c on sale everywhere. Y MISSING. Fairchild F. Robinson Leaves His Bride in Omaha, Some time ago there appeared in this city a young man named Fairchild F. Robinson. He was an Irishman, a graduate of the Dublin university, and a person- age of much culture and refinement of manner. He made a pleasure trip around the world and came to Omaha via San Fran- cisco. Heapplied for an editorial position on the city dailies, and did some little work in this line for the Bee. Three months ago he feft Omaha and went to Europe for the purpose of getting some money coming to him through his father's estate. He visited his old home at Bradford, secured a portion of the legacy bequeathed him, and then, after a round of pleasure in the cities of London, Paris, Vifnua and Berlln re-embarked for this country. Ond board the Cunarder he made the acquaintance of a young woman who was en route to ‘a, for the purpose of getting married. Robinson became madly enamored of his fair companion of the voyage and the day before their arrival i Yoifk proposed marringe and was accepted. On reaching New York the couple were inime- diately joined in wedlock. Th was spent in Gotham, and then the young couple came to this city for permanent resi- dence. Robinson told his friends here that he had taken possession of his father’s estate in England, had sold out to an advantage, and married the sweet heart of his boyhood days at his old home in Bradford. He was here but a_week or so when he formed a partnership with Mr. E Mitchell, formerly of Mitchell & Leyonme xk real estate agents, for the purpose of car- rying on a wholesale grocer commis- sion business, Mr. Robinson having formed an advantageous connection with Hazard & Co., New York, one of the largest grogery firms in the world. This connection was of- fected through the influence of excellent let- ters of endorsement brought by young Rob “inson from London houses. and the way was thus opened here for him to a_large and lu- crative business. They opened their oftice in the Hellman block, aid the territory covered by them and their agencies extended west to the Pacific coast. But to bring u long story to an abrupt close, Robinsom- disappeared a few days ago in such a mysterious manner s the greatest misgivings among . His young wife is in much distr she thinks her husband has gone to New York, she can conceive of no reason why he should depart without notifying her of his errand and intentions.. The telegraph has been liberally used, but as yet no tidings have been received of the miss- ing man, Engineers and Competent locomotive enginee s and firemen will be given permanent em- ployment upon the lines in the Burling- ton'system. Men - entering our ser: will be paid full pay @8 per our sched- . Will be given full protection and unranteed employment, as long as v fultil our requirements and prove competent. Apply to I. H. Johnson at B. & M. Passenger depot, Omaha. iremen. e MORTUARY, MRS, JOSIALL ¥, MCORMICK, This weil-known and estimable , after a lingering and painful {liness, died at her residence ou the northwess corner of Eight- eenth street and Capitol avenue yesterday morning at 6:300clock. She was the wife of Mr. Josiah IcCormick,long and well known in this city and a member of the real o e firm of Remington & McCormick. She was the mother of Harry McCormick, now a young man, and of Mrs. Arthur Remington. She was in her forty-second year and had d for Ry in this city, having come here from” Michigan. She ‘was the daughter of the late George Mills, sr., and sister of Goeorge T, Mills,of this city. She was & woman of imposing presence and exceeding personal courage, ‘having on two occasions caught burglars, ut night time, in her residence. In one “instance she turned the intruders over to the police, having kept them at bay with a revolve In another case prowlers were driven from the house by the use of the same weapon. uary of this year she went to New Yor ]} r h band and physican, Dr. Cofts treatment at the hands of 3 surgeons in the metropolis, but arned after having consulted Ih' Emmet, with the knowledge that sci d do nothing to afford her relief. This u|nu|un was in accord with that of Dr. Coffman, by whom she was accompanied. The funcral will take place on Wednesday next from the family residence at2p. m. The remains will be interred in the family vault in Prospect Hill cemetery. Brown's y on the o an extgaordinar all dlxoulms Of the Ill at. THE Glh\\l) l)l‘lu",:\ HOUSE. noted The Troches" Bronchial s of the effect in Contracts Let For a Thorough Re- modeling. It is given out officially that the plans for the remodeling of the Grand opera house have been completed, and the contract for the work is now about to be submitted. The work embraces a complete transformation, both as to exterior and interior, und the work will be let to only the most competent mechanic. The plans call for combleteness in every detail. The stage will be reducedin width, but will be heightened in proportion and an effort made to make it one of the most commodious and best appointed stages in the count: The interior of the house will be of the most modern plan,” and the accoustic properties most particularly looked out for, The house will be conducted on the most llhulul])lun and only the best attractions booked. The directors of the building think there is a bright future for the house by the satisfactory results which have been demon- strated this season, and inasmuch as the di- i enterprising ns it is no more than probable that their most sanguine expectations will be realized. The contract for the interior decorations has been awarded to one of the miost celebrated artists in the country, as Crossman, of Chi- is on all hands gnized. His name antee of perfect work, and it is quite certain that Omaha is to be g Thespian temple that will compare favorably with the finest in the country. Absolutely Pure. 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OMHH.!I» NEB, Board and attendance; best hospital accommo- dations in the west. WRITE_FOR CIRCULARS on Deformities and Draces, Trusses. Club Feet, Curvature of the Spine, Piles, Tu Inhalation, Electricity, Bladder, Eye, Operations. Diseases of Women a Specialty. Book ON Disaczs or Wouen Frrs. JNLY RELIABLE MEDICAL INSTITUTE MAKING A BPECIALTY OF PRIVATE DISEASES. All Blood Diseases successfully treated. Syph- litic Poison removed from the system out reury. New restorative treatment for loss of Vital Power. Persons unable to visit us may be ated at home by correspondence. All comunu- rications confidential. Medicinesor instruments t by mail or express, securely packed, no Sarks to indicate contents' o sender. One 'per- sonal interview preferred. Calland consult us or history of your case, and we will send in _lain wrapper, our BOOK TO MEN, FREE; Tpon Private, Special or Nervous Diseases, Im- potency, Syphilis, Gleet and Varicocele, with juestion list. Address Omaha Medical and Surgical Inatitute, or DR. MCMENAMY, Cor. 13th and Dodge Sts., - OMAHA, NEB. TS E FAMOUS BELLE -- BOURBON For Medicinal ABSOLUTELY PURE Is Death to MALARIA, CHILLS AND FEVER, TYPHOID FEVER, BOWEL TROUBLES, LOSS OF APPETITE, INDIGESTION, DYSPEPSIA. 8old Only In Bottles. For Sale by Druggists Everywhere. This is to cortify that 1 have examined the Lawrence, Ostrom & Co., and found the same to bo pi substancos aud strictly pure. 1 chiertully recommen 10 YEAR OLD WHISKEY J and Family Use. ID FUSEL OIL! Sure Cure for CONSUMPTION, BLOOD POISONING, SLEEPLESSNESS OR INSOMNIA, NON-ASSIMILATION OF F00D. PRICE, $1.25 For Quart Bottle, For Sale by Grocers and Wine Merchanta, Everywhere, of BELLE OF BOURBON WHISKEY recelved from ly treo from Fusel O I other deleteriout urposes. sville, Ky, . 3 (.l,llls'l‘o\fi lllll)fi & u».. Auenu for Omaha, Neb, GEORGE A. CLARK, SOLE AGENT. The BEST and MOST POPULAN Sewing Thrgad of Modern Times. Oenllulonhlt — — with Klectric BEWABEV OF I'TITATIONS, Buy ¢ by Goods Co, Hom, s *'.:' ",:7.... itieitst to i u o 'lood o Ever 80 i OUK! rasion n.m LARKIN & £ Cuas, Sixger, South Omaha, and all first class retail dealers, o o nu- Ehando tock Yards; Hanmm lown, GRATEFUL---COMFORTING ps’s Cocoall: BREAKFAST, VB, & horoush knowledye of the natural Inwe hich govern th of digestion phieh muy suve us by the J Luntil strong done e. Hun: DR, HORNE'S Electro-Magnetic Belts ! The Grandest Triumph of Electric Science— Best, Selontifle Scientifically Ma Redeal . DISEASES CURED WITHOUT HEDICINES. and Prlcunlly Applied. 4 or 14 '..':m‘l'v'fl'hzf; i pela '«....""T‘R-T"lfln-xp. Buban ‘Awues Disbetos, Hydrocei mbs, Illp"inrhnllothrr.—c’umnllmnhn-lrirl aroatrong or mild as the wearor may do; ody on the nerves. 1t cures discascs of 84) houttho [ [ Aindlon aro lonting | ..»“u.m s rondy Gk ‘Uhera s & WOAR. DO ity & Tatal SIATt by’ Reepinis Onrselvon Wol Ortihed Wit pure. blood wha'u proberly nourisned Trame: —Civi Bervice Ganeite. St sifuply with botlln water or milk. Sold only 10 WALE OB ik by Grocors inbeted thi JAMES EPPS &C0,, "1 “'L" Gram, LONDO L d . I e wpring medt- ondon Granuies, :::x = Eliminutes last vestige of Syphil les, Clronie Bores&lmpure Blood Th akin disenses, Mmllnrmedllmv als, with unvarying it by mul |;.up|.m m.lm packs “To clit AN % 4 TG sk boxes arcompatied by &, we will send {fie purchuser our written guarantoe i refund the treatment does not eflect #_cure. LONDON MEUICLNE AGENCY, LI WHOLESALE SEEDS! PHIL STIMMEL & COMPANY, OMAHA, NEB. g My il Catalogues and Price List upon Appligaflog