Omaha Daily Bee Newspaper, August 18, 1889, Page 5

THE OMAHA DAILY BEE: SUNDAY, AUGUST 18, 1880~TWELVE PAGES. Te Netional panies. ENDOWMENT BONDS ORIGINAL WITH and ISSUED ONLY BY The National Life Insurance Company of Vermont. National Enowment bonds The Endowment Bonds are issued from one to twenty-five th ousand and ran S 0 Eselene Tts death rate for many years past has been lower than any of the old com= = The salaries paid to the officers and clerks of this company are less than any other similar institution in this country. The National Life of Vermont pays the largest dividend. The National Life of Vermont is purely a mutual company, there being no atockholders to claim any portion of the profits created by the policy-holder’s money, No investments are mado in railroad or other speculative securities. This company is prohibited by its charter loaning money to any officer, &irector or employe. ITS INTEREST RECEIPTS ALONE since organiwzation have more than paid all death claims. In this it bas no equal. The National was chartered by the legislature of Vermont, 1848, and there- fore practically covers the whole history of life insurauce in this country. The charter and general Iaws of Vermont, under which this company operates, are so strict that cvery safeguard has been thrown around its policy™ holders. Every policy issued by this company guarantees: Value. Amount of the Policy. First—A Cash Surrende, Second—A Paid-up Policy; or, third, Extended Insurance for the Full By this, the negotiable value is established from year to year, and there never can be any dispute or misunderstanding as to what it is worth if the holder desires to dispose of it. No other company issues so desirable and fair a policy as the ““Old National of Vermont.” INCREASE IN ASSETS, STATEMENT, JANUARY 1, 1889. NET ASSETS, December 31, 1887, For premiums. ... ¥or interest and rents. . For profit and loss... TO POLICY HOLDER: For claims by death. . it ) For matured endowments. .. . Surplus returned to policy holders Surrendered to policy-holders. ... Salaries of officers and clork Medical examiners’ General expense account, agencies, ad- 201,200 03 82,710 00 155,186 52 140,591 11 23,644 33 19,268 53 23,472 79 fees.... vertising, postage, printing. rents, fu niture and traveling expenses. Add interest due and accrued 256,168 44 3 619, ........ $4,280,944 99 1,541,587 38 25,822,482 87 496 G6 554 09 8 942,050 75 s, DEC. . 3 86,241 13 Oftice, quarterly and semi-unnual prem- 106, 20,746 98 GROSS ASSETS, DEC. 81, 1888........... $4,880,431 62 $ 313,680 67 34,008,244 07 Premiums paid in advance, and extra reserve on Rate Endowments.........covvvieass 200 Liability as to policy-holders Surplus by Vermont, New York o Ivania and M Surplus by Penns TOTAL DE TOTAL INT and standard Total amount paid to policy-holders Insurance writter, 1888 T Total insuranes in force XPENSES Taxes BALANCE NET ASS) 5 v iums, net. 3 [ Murket valu o i Computed reserve (Actuaiies 4 per cent) R Death losses in process of adjustment s 9. nd Massachusetts standard. ,000 00 ,009 79 THE ABOVE SEHOWS INGREASE IN SURPLUS, INCREASE IN INCOME, Reliable Energetic Agents who desire to represent The Natioxiai, are invited to address M. L. ROEDER & BRO., Managers Western Dept., 401, 402 and 403 Paxton Building, Omaha, Neb. from ten to twenty years, payable annually, semi-annually or quarterly. You buy a $1,000 twenty-year Endowment Bond Policy, payable semi-ans This bond theu becomes payable to you for $1,000 cash at the end of stance: nually. For in- twenty vears, or your heirs will receiye the $1,000 cash at once in case of death, or you can with-draw any year, thus combining a savings bank and insurance that is exempt from creditors, taxes or reverses. It protects against advorsity in bu ness. It is an investment and a protection combined. It guarantees that a certain amount of money, WITII INTEREST, will be accu- mulated within a specified time. The investments paid are like deposits in a savings bank, and are rotuened to the bondholder at his option. The bond matures at a specified time, or previous in event of death, for ita face value, and guarantees « deflnite suin in cash every year. The bond is not hampered by any conditions or restrictions, and its eash value cannot be impaired or jeopardi The bond affords the very best security, and is negotiable the same as any oth er bond or stock. The National's is the simplest form of policy in existence. This company, now in active business for over forty years, has always been in the advance in liberal dealings with its policy-holders. The National 18 the only company issuing the incontestable Endowmsnt Bond and Option Policy. Under this bond you “PAY AS YOU GO, STOP WITHOUT LOSS, STOP WITH PROFIT, OR CONTINUE FOR GREATER PROFITS,” SUMMARY: A $10,000 twenty-year National Bond provides as follows: First—That $10,000 will be paid, should death occur at any time within the twenty vears. Second—That the bond participates in the profits of the company, and 810,000, with all thgaccrued surplus, shall be paid at its maturity. Third—The cash valve guaranteed on the margin of the bend. Fourth—The bond policies are as safe, and tho returns are larger, than a U, S. government bond, and can be paid in installments. INCREASE IN INSURANCE WRITTEN, LIFE HAD NO JOYS FOR HER. -A Heartsick Little Girl Takes Rough on Rats. A HOME FOR INDIGENT MASONS. Oharles Milington Again Takes to His Hecls—Mary Brennen Suss Jerry Rarrington—News at the Caplital. 1029 P Srreer, LrxcoLy, August 17, Emma Lindloff, the fifteen-year-old daugh- ter of John Lindloff, a teamster, who resides at 1046 Qstreet, lios cold and stiff in death in @n upstairs room at 820 H. For something like ten years Emma has been living with the family of J. Koberts, at 826 H. Yes- terday afternoon about 2:30 Mrs. Roberts ‘went out to do some shoppiag and make some calls, and when she returned, about 7, she found Emma iying on the floor and vomiting, At first she would say nothing, but by and by she admitted that she had taken three doses of *‘Rough on Rats” about 8 o'clock, and that she was suffering from the effects of the same. Dr. Carter was sent for and administered some antidotes, and, as she seemed easier, ho left other medicines, wit h @irections for using, and went home, 1n- structing Mrs. Roberts to send for him if there was o change for the worse. Appar- ently she seemed to rest easy uatil about 5:80 this morning, when she took a sudden obhange for the worse, and at 6:30 she ‘breathed her last. Dr. Carter came on a summons, but she was so far gone that med- ical skill could avail nothing. The girl gave no reson for this rash act, snd all that is known concerning it rolates %0 her life at home with her stepmother, and hor persecution by the Brockelmeyer ohil- dren, who live noxt door, John Uindloft, tho father of the girl, ad- matted to Tur Bee reporter that his daughter and his second wife did not get along very ‘well, and thut in consequence of this dis- agreoment his daughter had left home and bad resided with the -Roberts family some- ing ko two years. Twice during this ne he had induced Emma to return home, ‘but each timo the old trouble between the girl and her stepmother would come up and she would roturn to the Roberts domivile. Ho said that be kept well informed concern- ing her life with the Roberts family and as they always treated her well and she seemed 10 be dong all right, he was satistied to let her remain, Mr, und Mrs, Koberts both, in talking to Tue Bek correspondent, said that the Brook- elmeyer children, who lived next door, were constantly making faces at her and calling her names and ‘run-away girl’ whenever sho stepped out in the back yard, aud that this worried her continually and sne could stand it no longer, Yesterday morning he had built a high board fence between the 1pts 80 that she could not see thochildren, and thus bafed in their attempts they had marched up and down the other side of the fouce singing “Iun-away girl, run-away girl, ete.” Ouce he bad spoken to Mrs, Brockel- meyer about it and she bad replied that drens’ affairs were no affairs of hers. An old lady who was present volunteered the Information that as Mrs, Lindloff and Mrs, Brockelmeyer were very close friends, it might be true that the step-mother was at i bottom of the persecution. She further stated that the girl was completely discour- g::l. BShe had talked with her. She felt she had no howe nor friends, and that there was no poace on esrth and that she in- tended quitting it, The old lady tried to dis- uade ber, but sho sald that her step-mother ated her, hor father took sides with the &molhur and the Brockelmeyer children life & burden, Sne spoke well of her treatment by Mr: and Mrs. Roberts. ‘The girl has always borue & good reputa- and was bright, active aud swart about Ber studies and her work. “Fhe case was reported to Coroner Shoe- LINCOLN BURBAU OF THE OMAWA Has, } maker, who, in turn, laid it before the coun- ty attorney, and it was decided that an in- quest was not necessary, unless the parents friends of the girls would stand the expense. Itis no statutory offense to provoke a poor and worse than™ orphaned girlto that des- paration which prompts her to commit sui- cide. The fuueral will probably take place to-morrow at 4 p. m. A Masonic Home. The Nebraska Masonic Home company filed articles of incorporation in the office of the secretary of state to-day. Its purpose is to eroct and maintain a home for the educa- vion and comfort of indigent Free Mason families, The articles express a willingness 10 accept land by devise or gift upon which to erect the same. Itis stipulated that the cupital stock shall not exceed the sum of $500,000, and that Omaha shall be the priaci- pal vlace for the transaction of business, The following are the iucorporat®rs, declar- ing their names and residences to be: G. ‘W. Lioinger, C. Hartman, Charles H. Con- tant, W. P. Develon, John W. Rodifer, Gus- tave Andree, ;Willlam R. Bowen, Gustave Anderson ahd George H. Smith, Omaha; George B. France and George P. Post, York; F. K. White, Plattsmouth; Brad Siaughter, Fullerton, and Frank H. Young, Custer. The Bank of Clay Center also fi'ed articles of incorporation, 13usiness commenced Au- gust 7. Capital stock authorized, $50,000. Incorporators: George 1. Bige, G. W. Clawson, Frank Knox, W. J. Gardiver, Wil- liam L. Wilson, W. M. Watters, C. F, Mc- Grew, George tenney, S. A. Walker and C. D. Fowler, State House Jottings. J. K. Keiser, sheriff of Keith county, com- mitted Edward Seger to the state penitenti- ary to-day for u torm of three years for bur- glary, As usual in such cases, the sherift left his expense account in the office of the auditor of public accounts, The case of Wois, Moll & Co, vs Davey & Barry, on error from the district court of Dakota county, was filed for trial in the su- preme court to-day. John M. Thayer, jr., the governor’s pri- vate secretary, was at his post to-day for the first timo in two weeks. He says he expoects 10 be able for full rations and his usual quota of work in a few day: Slippery Charley. Charles Milington, who was brought to time by Catharine Ditto recently, on the charge of bastardy, has turned anotuer trick that shades the first. It will be remembered that Milington was captured by Sheriff Melick in Colorado and bro ught back to face an irate parent, who was bent on compelling him to give his daughter’s unborn child a name, or suffer prosecution for seduction under the age of consent, At the time Tus Ber noted Milington’s arraignment and his appurent willingness to marry the young girl he had vetrayed under promise of mar- riage, Since then it has been supposed that all was going well with him and his. It ap- pears, however, that the marriage contract only eased the heartache temporarily. Mil- ington has again skipped tho country, On his compulsory return ne oxpressed a wil lingness to marry the girl, and after assess- ing the costs of the case and his attending caprure to lum, he court pronounced Charles and Cavherine husband and wife. Sheriff Milick accepted his unsecured note as pay- ment for his share of the costs, knowing Lhat he possessed nineteen head of cattle, free of incumbrance, and thought nothing more of it until this morning when it was announced that he had again taken to his beels, It seems that Charley mortgaged the cattle for all they were worth a few days ago, put the money in his pocket and with the statements made the story is told. The bride of three short weeks has been cruelly deserted and the sheriff vicumized. U. R. K. of P, Celebration. Colonel H. ¥, Downs, of the First regi- ment, has completed arrangements where a rate of one and one-third fare for tne round trip is given by the soveral raiiroads center- ing in Lincoln, to the Kuights of Pythias and their friends, who desire to take part in the celobration of the auniversary of the organ- ization of the uniform rank, the second anni- versary of the First regiment, and receptioa 10 be terdered Brother Justus H, Rathburs, the founder of the order of Kights of Pythins. The colonel also secured a special train for Hebron and Genovi i their friends, over the B, which will put them in Lincoln at 7 the morning of the 26th inst. So far four di- visions outside of Lincoln have notitied hea quarters tuat they will be_present, and quite a delegation from Omaha is expected. The Third Party People. The third party people held their county convention this afternoon 1 the Males k, on M street. H. E. Geo chairmun, called the conc o'clock. The attendance was fair, and the cold water . army manifested its usual en- thusiasm. After the appomtment ol com- mittees, Secretary Davis was called upon to record the nominations, which were as fol- lows: Treasurer, A. Roberts; clerk, W. A. Hartley; recorder of deods, S, L. Milis sherifl, 'M. McCartney; suporintendent of schools, Dr. King; county judge, A. C. Ricketts, county commissioner, Fred Hovey ; coroner, A. D. Guile, and sutveyor, N.S. Scott. 'The prohibitionists had hard worlk to find candidates wiling to be sacrificed. A Rehearmg Denlol The state board of tran: rtation met this afternoon, and heard Marquette and De- weuse on the Burlingion crossing case. Re- hearing was deriod by a vote of 2102, At- torney (ieneral Leese was not present, Steen and Laws voted aye; Hill and Benton no. It is snid that the Burlington folks now pro- pose to take the matter to the supreme court. City News and Notes. ‘William H. Haight and Frances A. Mont- gomery, of Wymore, were granted a permit o marry to-day by Judze Stowart, The upplication for the appontment of a guardian for James Barry was argued to- day before Judge Stewart. It appears that the children of the infirm man object to Mrs, Barry's application, on the ground that Mr. and Mrs. Gordon, o daughter and son-in-law, have agreed to care for him and the mother as well, Mrs, Mary Brennen is after Jerry Har- rington again. This time she sues him for the board of thewr child, born out of mar- riage, from May 5, 1856, to date. She fixes the amount at §00. Since Mary was re- leased from jail, in June, she has been work- ing for Thomas Killen, at Waverly, and she also sues him for work and labor, alloging that there is due her $12, which he refuses and neglects to pay. Both suits were com- menced in the county court. The case of Tillie Trischel vs C. W. M Clellan was continued again to-day un Mounday. It is learned that the county at- torney is working with a will to get suffi- cient evidence, not only to couvict him of charge, but also to convict him on the charge of bigamy. The condition of his helpless vietim, who confided in him and married him, supposing she had a legal right to, has aroused public indignation, and, if possible, his first wife will be brought to this city to appear against him. Mrs. McClellan No, 8 lies at the pont of death, and it is expected hourly. Sheis at the Willard home and a subject of charity. Edward W, Osborn vs. J. E. Shotwell and J. H. Wilcox is the title of a case brought in the district court to-day. The parties hail from one of the couutry precincts. It ap- pears that Osborn was sued before Shotwell, a justice of the peace, by Wilcox, who se- cured judgment, Osborn in turn comes to the district court and asks an injunction to restrain Wilcox from running an ouster, and he alieges for cause that the judge was Wil- cox's son-in-law aud that he could not get @ fair hearing. The controversy originates over possession of 640 acres of land, Sl e LY A Harness Thief Bound Over. William W. Reynolds, the colored man who was arrested for stealing o harness from the barn of Mr, Reed at the corner of Cuming and Twentieth and streots, was ar- rested on the churge of larceny, but the evi- dence at the hearing showed that he had broken open the barn door and taken the harness out aud the charge was chaoged to burglary, Reyuolds was found guilty aod held to the distriot court i e The Chicago Church Choir company will remain one week longer at the Eden musee, prosenting the popular comio opera, **Mas- cotte.,” The costumes and scenery for this production are entirely new, aud the opera will be presented in three scenes. This will be the last epportunity of hearing & popular opera at an equully popular price. THE CYPSY'S BABY IS DEAD. A Sad Scene in ths Grace Street Bottoms. NATURE'S CHILD CALLED HOME. Sorrow Reigns Where the Tents Gleam in the Moonlight—A Case Which Calls tor Gen- uine Sympathy. The Baby is Called Home. 'here are many, many phases in this life we live. There are joys and sorrows, hopes and fears, anticipations and realizations. The bitter oft exceeds the swect, the happi- ness the pain. No matter what the stution be, the chastening hand is laid in 1ts heavi- ness where the light touch of love would be a thousand fold more welcome. Wo see ex- amples every day. The flowers we cher- ished most are soonest touched by frost; the idols worshipped most devoutly, soonest shattered. Down in the bottoms at the east end of Grace streev 1s a gypsy camp. Under the trees gleam the white tents in the moon- lizht. Joyful is the children’s laugh at noontime, All are happy—ayparently. There are two families of Gypsies in the camp, One bears the name of IMisher, the other Stokes, The former are a couple who have passed tho meridian of life, The man - aman! tall, svmmetrical even in his advanced years, almost picturesque, he groets the stranger with a bow so courtly that one almost wonders if he at one time were not an earl. ‘The woman; even though she be descending life's vale, the raven black hair with its tinge of silver, the lustrous eye, the sta%ely carriuge, the easy almost celestial grace leads the observer to wonder if in days gone by she was not once one of society's gems, ‘There 1s another family whose names have already been mentivned. Like the former, they, even though Gypsies, possess all the traits of those who grace the gilded halls of society. But the luster of the woman's eye is dimmed with teurs, and the brow of the husband is cloudea with a grief that knows no batm. For, under the sheltering folds of the canvas covering that from those who scek retuge beneath its pro- Closed are the the brown lashes; alavaster brow are bonuy silken ourls; folded across the little breast are the waxen hands—baby's dead. Away across the river of death, whose farthor shore shines in the effulgence of an eternal day, a tiny voice joins in the melody of the angelic choir—the Gypsy's baby's dead. And at 9 o'clock this morning, when the devotee repairs to his shrine to worship at the gilded altar of art, these children of na- ture, under the trees will take a last look at the fair fuce 50 still ip death, in their simple way w1l invole the Creator to transplant to the everlasting garden the little flower, And to-night, out under thie starlight, when the dews fall and the summer breezes whisper is requiem, in a little grayeyard at Florence will be another mound, whose cold dead clods rising above the grassy surface will mark the last resting place of the Gypsy's baby. A reporter visited the camp yesterday. The old couple, who, by the way, are the it tle dead infauts' grandparents, greeted him cordially, and invited him to come inside, There lay the infant on the rough cot, its lit- tle face covered, Beside the couch reclined the father asleep, worn out with watching by its bedside, The mother stood by weep- *ing, while a little girl and sturdy boy clung to herskirts, It was indeed a sad Plclure. “The funeral will be to-morrow,” said the elder woman. “Rev. Mr. Brady, of Trinity Cathedral, will preach the sermop. He is Episcopal, 80 are we. Ve are English Gyp- slos, the kind Dickens wrote of, But'—with not a8 bag a8 he flotured rth's children and live and or bosom.” ‘Then she turned er tears, whioh would come despite her efforts at self wffil‘vt ‘The sqeno zu sacred, and the holy o hnh‘r of s oy family too sanctified to be descr: The reporter lets under from the brushed the The Gas Company’s Side of Question. In the district court, Douglas county, Nebraska. William J. Connell, plaintiff, Versus The United Gas Improvement Co., The Omaha Gas Manufactaring Co., Frank Murphy and Frank Hegward. Affidavit. State of Nebraska, Dougles county, ss. James F. Heyward, being duly sworn, says: I am one of the defendants in the above entitled action and am the chief clerk of the Omaha Gas Manufacturing company, having charge of the collec- tion of gas bills for the defendant, Omaha Gas Manufacturing company,and of cutting off the supply of gas from customers who refuse to comply with the rules of the company in regard to the payment.of gas bills. The defendant, the Omaha Gas Manu- facturing company, 1s and for many years t past has been a covporation organ- ized under the laws of the state of Ne- braska and engaged in the manufacture and sale of gas at Omaha, Nebraska. That during the years 1888 and 1889 it has supplied gas to the citizens of Omaha at the price of two dollars ($2.00) per thousand feet, that being the price fixed by an ordinance of the city of ha, during that time, with a rebate 5¢ per thousand feet for prompt pay- ment, That during the years 1888 and 1889 plaintiff has been a customer of the de- endant, the Omaha Gas Manufactur- ing company, and has been supplied by it with gas for his residence, and that during the year 1888 plaintiff paid for the gas furnished each month as fol- lows: 1888: For January, on February 15; for Februery, on March 21; for March, on April 20; for April, on May 16; for May and June, on July 19; for July, on August 20; for August, on September 18; for September, on November 5; for November and December, on January 21, 1889, In the year 1880 the plaintiff has not paid his gas bills with the same prompt- ness that he did for the year 1888, I}is gus bill for the month of Junuary, 1889, was #9.40, and on the 23d day of Febru- ary last he paid onaccount of it the sum of 3.40, which was all that the plaintiff vaid for gas except for the month of April, 1889, although furnished to him continuously, until the 25th day of June, 1889, when he paid the balance of #1 for the month of January, to- gether with his bills for the month of February, March and May. On the Oth day of May plain- tiff paid his gas bill for the month of April, 1889, July 11 he paid for the month of June. On the 1sth day of Juune, the plaintiff being in default of payment for gas for more than three months past, and after bills had been rendered and after notice had been sent to the plaintiff that the gas supply would be shut off from his house unless he paid the gas bills then in arvear, the defendant, on the 15th day of June, 1889, turned off the supply of gasto plaintift’s house at the meter thorein. About the 17th day of June, not having heard from the plaintiff and said gas bill still remaining unpaid, an agent of the company was sent to the plaintifl’s residence to remove the meter there- from. While such agent was at plaintift’s house, the wife of plaintiff tele- phoned to deponent that the plaintift was out of town and she wished the matter to remain until his return, to which deponent replied “Certainly,” and requested her to call said agent sent to remove the meter to ber tele- phone, which she did, and said agent or workman came at once to the telephone, and deponent instructed him to leave the the meter and not disturb the supply of gas, which he did. A day or two after this, learning that plaintiff was in the city, I mailed him a notice that unless these gas bills were paid by the 19th of the month the supply of gas would be shut off from his residence; and on the 19th a man was sent to the plaintiff’s residence to shut off the supply, who re: ported that he could not shut it off be- cause the cut-off box was filled with sand. On the 20th a man was sent with in- structions to clean the cut off box out and to cut off the supply of gas, which he did. Three or four days after this, not having heard anything from the plaintiff, I sent a man to his premises to examine the cut off box and he found that the box had been taken up and reported that he could not find it. On the 24th of June I sent two men to plaintifi’s residence to cut off the ser- vice pipe and they began digging for that purpose on a line where the cut off box appeared to have been located, but where it had not been located, as the plank in the sidewalk through which the cut off box ran had been taken up and exchanged for another plank in the sidewalk some five or six feet away, thus misleading the men, but they sub- sequently found the line where the ser- viee pipe ran ané began dig- ging for the purpose of discon- necting it when the plaintiff came from his house aud drove them away before they had time to accom- plish the work, threatening them with arrest, etc. On the morning of June 25 I sent the same two men to plaintiff’s residence, and went there wmyself, for the purpose of disconnecting the ser- vice pipe, which was done on the morn- ing of June 25. Assoon as the work was done I returned to the office of the compuny and found that the plaintiff’s gas bills had been paid s.nce I left that morning, I desired them to renew the supply of gasto the plaintitf_and tele phoued him to know where the stop box was which had beeun taken out from the servive pipe, and upon his promising toreturn it to me or to pay for it, I agreed to renew tho supply of gas, which was done as soon as coula be, On the afternoon of June 25 the plaint- iff_came to the company’s office and asked if the = supply had been turned on and I told him no, but that it would be as soon as possible, and required him to sign an application for gas, agreeing to the rules of the company, which he did, a copy of which is hercto annexed and marked *‘Exhibit A.” AsI have said, the supply of gas was rencwed, a new stop-box put in, and the servics pipe re- paired at once, and plaintilf paid his gas bill for the month of June on the 11th day of July. At this interview, on the afternoon of June 25th, plaintiff was very abusive, and I told him that the gas bills were payable on or before the 10th of each month, and that I should insist upon compliance with the rules, because we had had this trouble and I wanted no more of it; that uniess he paid his gas bills on or before the 10th of each month T should turn the gas off on the 11th, he replied, *Well, that is fair warning.” On the morning of July 11th I received a check for his gas bill for June which had been mailed on the 10th of July, On the 12th day of August at 1 o’clock in the afternoon, the plaintiff not hav- ing paid his gas bill for July, the sup- ply of gas was turned off. On the af- ternoon of August 13th the plaintiff came to the company’s office and asked for the names of different agents of the company which I gave him; he abused me & goo ddeal and demanded that his gus be turned on. I told lm it would be as soon as ho had paid his bill and told him that he had been turned off be- cause his bill for July bhad pot been paid; he asked me for his gas bill for Buly. which had already been delivered to him, and I gave it to him again and as he went out of the office he says: “‘T order my gas turned on,” and I told him it would be turned on as soon as the bill was paid. He loft, saying: ee about this and I will see if s of Omaha have any rights.” Tn this conversation I said to him, we have never heard anything from that stop box and told him that we had never got the stop box nor the money for it, and he replied that *‘the stop box is in my stable, and you don’t expect me to bring it down to you?” I says, yom promised either to return it or pay for it, it probably don’t make any differ- ence, we can let a man drive by there and get it. On the morning of August 15 I received through the maila check for the amount of plaintifi’s July gas bill, enclosed in an envelope which bore the postmark of August 14, 7:30 p. m., and the check was dated August 14. As soon as I received this check I at once senta man to plaintiff's house and had the supply of gas to his residence turned on which was done at about half past nine o’c in the morning and the supply still remainsand will romain 50 long as plaintiff’s gas bills are paid on or before the 10th of each month. During the years 1888 and 1889, and for along time prior thereto, the company has delivered to each of its customers, among them the plaintiff, monthly bills for gas on the Ist of each month, and during said time there has been deliv- ered to the plaintifl, as well as all other customers of the company, a monthly bill for gas consumed by them, on the 1st of each month; and it has been the rule of the company to require pa; ment of its monthly bills on or before the 10th of each month, Deponent further says that while the plaintiff has for some time past mani= fested considerable hostility to the gas company, that the sole and only reaSon for turning off his supply of gas was his failure to pay his gas {.ifis, and not in any manner to harrass or or his family. The trouble with the plaintiff in June, the interference with the supply pipe and the company’s stop box and the carrying of it away, which depo~ nent belicves to have heen done or caused to be done by the plaintiff, in- duced the deponent to oxuctof the plasntiff, as a condition for supnlyln? him with gas, that he should pay his gas bills on or before the 10th day of each month. I notify all customers of the company who are irresponsible or with whom I have had trouble in collecting bills that unless the bills are promptly paid ao- cording to the rule I will order the gas turned off, and unless the bills are paid Lorder whe supply discontinued, and baving had s0o much trouble with the plaintiff about the payment of gas hlls, and having n(»tlllu(k him that he must comply with the rule of the company, I had his supply cut off as I had told him I would, for the sole and only reason that be had not complied with the rule. The price charged the plaintiff in his gas bills was the price he agreed to pay and the price paid by all the customers of the company similarly situated to him, and the price fixed by the publio authorities of the city; and it is not true that there was any design what- ever on my part or that of the company to cause him or his family inconven- ience and trouble by shutting off the gas, but the same was doune solely be~ cause he did not pay his gas bills and in compliance wlil‘.h a posivive personal notice to him that such would be the caso, J. H. HEYWARD, Subseribed in my presonce and sworn to before we, this 16th day of August, 1889, GUBTAVE ANDERSOX, (Seal.} Notary Publie. ppress him e e S A 1 ottt A AR 2