Omaha Daily Bee Newspaper, January 12, 1890, Page 3

e @€ certain that Dougherty did it. A DEAD LOCK 1N PROSPECT. The Iowa Legislative Forces Wheel~ ing Into Line. THEIR STRENGTH ALMOST EQUAL Both Parties Confident of Controlling the Organization of the House— Senator Allison's Re tion Assured. At the Towa Capital Drs Morses, In., Jan. 11.— Spocial Tele- gram to Tur Ber.|—Tne legislative forces are gotting 1nto line aud the skirmishing has begun. Every republican member of the house is now here, and nearly every one of the opposite party. The only representative not here is Smith of Boone, who is classed 88 an independent. The democrats had a caucus today, which forty-five of the fifty entered. Tho repubiicans had their caucus this afternoon. To sum up the siluation tonight, the republicans feel conflaent that, they will organize the hou: They don’t explain how they are going to do it, but they may that when the time comes thuy will have a voto from the opposition that will enable them to do so. The democrats, on the other hand, are quite confiaent that, they can make o deadlock. They say that v will be able to hold their fifty opposition votes, and if they do they can prevent organization. 1t is belicved by those best in- formed that they are blufting, and _that they aro only working to make terms for them- sely They are bringing a g 1o bear on 1he i but they have a big job on hands, while the republicans but one vote to gain. A committec of conference has been appointed on cach sido to arrange for the temporary organization. Tho ropublicans are talking of putting Captain Head forward for temvorary chairman The speakership fight is quite chaotic as yet, Ex-Lieutenant Governor Walden arrived this afternoon and promptly entered tho race, He says he hias no intention of be- ine bowled out of the contest, and is there to stay. William's friends claim that he is in tho lead, with Luke sccond. Dobson and Smith are hardly possibilities. The demo~ crats have five candidutes for speaker, with Holbrook of Marengo in the iead. ‘The senntorship is hardly spoken of, so certain is Allison’s reelection, There was u report this ufternoon that Senator Barnett of Warren county was dead, but it proved untrue. He iy sick, but at last reperts was better and will provably be here next week. Allison will arrive in the morning. A Boy Murderer. Drs Moixes, Ta., Jan. 11.—[Special Tele- gram to Tne B ’esterday afternoon, about 2 o'clock, a boy named Bd Dougherty, aged sixteen, was seen running out of town in the southern part of the city. Av 5:30 o'clock, when Calvin Dougherty, his father, camo home from the wine, ne tried to open his door, buv found that something was against it. Kicking it, he was surprised to hear some ono inside bee him wot to do. so, as it hurt his head. He gov help and entered a window, when they found Joseph Dixon aged fourteen, Jying on the floor with his head agawst the door and u bullet holo througi his head and weitering in blood. The boy was very cold and did not become conscious until Lite at night, when he saia that Dougherty shot him. This morning, however, he said that Dougherty did not do 1t; that the door hurt him, but it is regarded The shoot~ ing was dove with w ‘#4-calivre revoiver, which was found in the safe. The ball went through his head, entering over the right eye, goiug through his brain, goiag out back of the 1 and penetrating an overcoat, after which it half buried 1tsolf in a wall und then fell to the floor. The boy wus still alive this attornoon, but the chances are greatly against his recovery. Young Pougherty 1s sUlL at lurgo, but the ofticars are searching for him, Kennedv's Sentence Commuted. Des Moixes, Ia., gan. 11.--|Special Tele- gram to Tug Bew |—Governor Larrabee to- day commuted the sentenco of Bernard Kennedy, the Dubuque wite murdere to imprisonment for life. Kennedy, on the 24th of April, 1887, killed his wife, Mary Ken- nedy, and was found guilty of murder in the first degree by tho jury of the district court atDubunque on the 20th of January, 188¢ He was sentenced to be hanged somo time between 9 a. m. and 4 p. m. of Marcn 1 last, but took an appeal to the supreme court, which, however. sustained the verdict of the lower court and denied a petition for a re- hearing. Kennedy has been confined at Anamosa. The grounds on which a com- mutation was asked were lengtny and varis ous, such as doubt as to lis guilt; the fact that, if guilty, it wus the result’ of drunken- ness; that while he alone was punished his accomplices go free: that the main witnesses agmnst him were bis own children, and that he was 1ot ailowed to see them before tho trial, while the mother of the murdered woman had custody of them; that it was sufticiently sad for the children to know in future that their mother was murdered with- out knowing that their testimony led to the hanging of their father; that public senti- ment provented a fair trial, aud that there wero some irregularities in the seiection of the jury. La Grippe. CrustoN, Ta., Jan. 11— |Special Telegram to Tur Bekl—Hundreds of cases of la grippe in light form are provalent in tho city. About forty trainmen and oporators outhe west lowa division of tho Chicago, Burlington & Quincy are oft duty on ac- eount of the diseass Elkins Sentenced. ELgani, In., Jan. 11.—|Special Telegram to Tur: Bee, |—Wesley Elkius, the boy mur. deror of this place, was today sontenced to the penitentiary for life. Ho made a con- fession, which was so rovolting that the Judge suppressed it in the interest of publiv morality, * Personal Paragraphs. Harry Hopkius of Lyons 18 st the Mar- ray. J. L. McDonough of Ord is o guest at the ascy. J. K. Jenking of Schuyler is registered at the Casoy. . ©C, H. Loncray of Frouont is a guest at the Murray. Nois Anderson of Hartington is stopping al the Case; O. Bergstrom of Gothienberg is a guest at the Millard, Thomns Mair of Broken Bow is stopping at the Millard, M. J. Gahan of Grand Island is registered At the Mitlard, Mrs. 8. Lunette of North 1’latte is stop- ping at the slurray. I, M. Robinson and wife of Kimball are stopping at the PPaxton, N. H. Bonmson is resting up at Kewanee, 111, visiting Lis parents. D Bennison loft last evening for Kansas City on business for the firm, % T Taylor, wife and daughter, left for Boutherlaud, I'la., last evening, P. Walsh and daughter of North Platte © Among the guests at the Millard, John Wauldron aud R. H, Peterson of Louisville-are awong the guests at tho Casey. Judge Norval of the supreme court, with bis wife and deughter, are spending ‘s few days with the Hon. G. W, Lininger. Mr. and Mrs. W, B, Meikle will commenco housekeoping at 2031 Harnoy street instead of at 51U North Eighteenth street, as stated ® fow days ago. Mr. sud Mrs. John S. Briggs will leave morrow evening for Des Moines, to bo present at the inauwural, and to attend the recoption given by Governor and Mrs. Lar- raboe Sunday evening L0 Governor-elect Bolos, — The Uniou Club, The Union club Las elected the following directors for the eusuing your: Willism A. Paxton, J, 8. Collins, E. A, Cudaby, C. H. G e 3o Bruouer, F. B, Johnson and N. N. Crary, A meeting of the directors will be held ionday night, at which time officars wiil be chosen - THE ART ASSOCIALTON, The Annual Meeting , Held at Lining. er's Gallery Last Night, Western Art association held its anuual meeting at Lininger's art galiery last night. The attendance was small, The report of the treasurer was submitted and showed a balance in the treasury of th a large amount outstanding in the shape of dues, etc. Several applications for enembership were received and acted upon favorably. The question now before congress, on the removal of the duty on objects of art, was brought up and the following resolutions adopted as expressing the sentiments of the association Whi An effort is boing made by east- ern art associations and art lovers to have congress remove the import duty on all works of urt in order to facilitate and to en- couragethe \mportation of such articles for the purpose of oducating the puolic toa higher staudard of tasto in art matters; and Wherens, The Western Art association, consisting of over three hundred members, and ovganized for the pnrpose of advancing the interests of art in the west, are deeply iuterested and heartily in sympathy with this movement; therefore, be it Resolved, That we, the members of the Westorn Art association, respectfully re- QUZEL AN UEKe Our Senators and representi- Lives in congress to use all efforts to repeal tha 30 per cent import duty now levied, and to admit all objects of art duty free, and be it Resolved, That a copy of these resolutions be printed in the daily papers of Omaha, and that a copy be sent to n of our senators and representutives in congress, The association then proceeded to the clection of ofticers for the cnsuing year with the following resuit: For president, G. W. Lininger; first vice president, Clement Ch scoond vice president, L. J. 13, Bour- geonis: socretary, Mrs. J. 8. Briggs: treas. urer, Miss Mellona Buttertield; directors, Miss Kate Ball, Mrs, U. C. Brownlee, Mrs. Francis Mumuaugn, Mrs, C. I, Catiin, Mrs, I, 1, KBmerson, Mrs. Dr. 15 M. Park, Mrs. B F. Stimmel, H. A. Swith and 'Albert Rothery. Tho ‘business of the meeting being con- cluded, the socicty adjourned. FULLERTON'S CELEBRRATION, The Prominent Citizens Known All Over the State Will Be Present. James W. Tanuer, editor of the Fullerton Post, was in the ity yesterday making ar- rangements for the grand celebration to be given by the citizens of Fullerton, January 12, The good time is being arranged for by Fullerton business men on account of the completion aud reopening of a large flouring mill owned by Martin, Potter & Co. A train load of people will be conveyea to Fallerton from Omaha, Lincoln and intermediate points, and the programue arranged by the local committes promises u great deal of vleasure, There will be speeches, music; a banquet and other amusements for the 1t s estimated that 200 prominent citizens of Nebraska will be present. The governor, his staff, state ofli~ cials and otber prominent men will be there, T'ho eredit of this entire arrangement,” said Mr. Tauner, *Yis due to the untiring efforts of our fellow townsman, Hon. Chauncey Wiltse, president of the First National baok of i'ullerton. He proposes to show to the people of Omaha and Lincoln ¢ county, a spot not longazo desig- nated s o wild and unwhabited wildornoess, is u garden of roses and a home of the prosperous,” Mr. Wiltse,tho gentleman who is the most active in this' excursion, was for a long time a citizen of Omana. He was connected with the Omaha Republican for years, and aside from bewg a capitalist is one of the best known newspaper men in the state. He today owns property in Omaha and hus other interests here which compel him to visit the city often, Licutenant Governor Merklejohn, Judge sph MeClellan, George Carlton, John wngton and Frank Gay are among the ime movers in the celabration, und prowm- 0 to leave nothing undone to entertain the guests in a royal mannoer: BREVIIIES, Golden Link lodge, No, 88, D. of R., gave a lnllll and supper at Washington hall last night. Mr. and Mrs. M. Durfes are mourning the loss of their only child, a littie boy aged three years and four months, who died at noon Thursday of bronchius. Mr. R. B. Peattie of the World-Herald is reported somewhat better, He has passed the worst and is rallying slightly. At mid- night Lo was restiug comfortably und, although not out of danger, seemed in a fair way to recover, The local weather clerk states that the prospects are £ood for fair, pleasant weather today aud tomorrow, Ihe temperature will be dodeing about in the vicinity of the zero point, but the weather will be very-pleasaat withal, The area of high barometer passed north of Omahu lust night and the temper: ture will probably rise slightly tomorrow. A patition is being circulated by Will Gor- donnier, Fruuk Payne, Fred Hoye, Lee Bridgesand R. H. Holmes for the pardon of Sam Stephenson, who was sentenced about eighteen months ugo to twenty-five years in the penitentiary on the charge of assault With intent to commit rupe. The petition is addressed to the governor and is receiving numerous signatures, the zeneral sentiment seoming to bo that Stephenson has suffered sufticiently for his offense, Burne-Jone's Greatest Work. According to the London correspon- dent of the Liverpool Post, Mr. Burne- Jones is nearly approaching the com- pletion of the greatest work, of his life. It is a commission he undertoox many years ago for Mr. Agnew, and upon which he has bestowed an infinitude of loving care. The subject is found in the old legend of the Briary Rose, which Tennyson put into verse nearly sixty years ago. Lvery one knows tho story as told 1u the dainty verse of “The Day Dream.” with its Y(unums of the sleeping palace, the sleeping besuty, the arrival of the fairy prince with “joyful eyes, and lightér footed than the fox;” how he broke the charm that lapped his love 1n sleep, and how: “*Over the hills and far away Beyond their utmost purple rim, And aeep into tho dying day Tho happy princess followed him," Mr. Burne-Jones tells the story in his own way in four pictures of colossal pro* portion and infinite beauty, The work is 50 far forward that there is hope of 1ts being exhibited in Bond street next year. —_—— The Diamond Trade. There are 7.000 diamond-cutters out of work in Amsterdam alone, At a meeting of more than 1,000 of them re- cently held there M, Van Prang attrib- uted the want of work chiefly to the high price of raw diamonds, and next to the tendency of jewelors to trade in raw dinmonds instead . .ovoting them- selves to their preparation for the mar- ket. The speaker counseled the establishmont either of 8 workingmen’s compuny, with 500 grinding stones and a capital of 500,000 florins, or the trans- fer of the trade to London, where the dealors in raw diamonds and the owners of the diamond fields were living. ork Boys' Soprano. St. George's church, corner Marcy nd Gates ayenues, Brooklyn, is said to have the finest boy soprano in the Uni- ted States. His voice is so wonderfully feminine that it is difficult to believe such a volume of melody comes from a boy’s throat, says the New York Star, He sang two solos Christmas morning, aud during the remainder of the service a couple of delighted listaners made wagers as to whether the singer—whom they could not seo—was really one of the surpliced choir or 8 woman hidden from yiew, OMAHA DAILY BEE: THE DOUGLAS COUNTY BAR Annual Meeting of the Association Yesterdny Afternoon. SEVERAL REFORMS SUGGESTED, Judge Povpleton Presents His Views on the Best Methods of Faoili- tating the Work of the Courts, An Overburdened Dockat. The annual meeting of the Omaha Bar association was held yesterday afternoon in the Y. M. C. A, le@ure room. The hour for convening was 8:30, but it was 4:30 before a bare quorum could bo secured. When, how- ver, the necessary twenty had been socured avery importact and interesting meeting was held. Hon. A. J, Poppleton, association, called the nd after the disposal (of some business of minor importance, announced that ho had been yequested by Judge Savage, the treas. urer, to report that during the past yoar £114 had been collected, and exactly that amount was disbursed. Reports were then called for from the committeo on inqairy, of which Judge Me- Culloch is chairman; committes on tion, of which Charles Offut is chairman, and the committee on judiciary, of which Judge Savage is the head. Nono of the gen- tlemen named were present, and the only one that sent in a report w Judge Savage. ‘L'his revort read “‘Pursuant to tho last clause of article 7 of the by-laws of the association the unders signed submits his report as follows: here appears to bo a general and un- accountable upathy on the part of members of this committes regarding its work and recommendations. Repeated offoris on the part of the chairman huve failed to secure a moeting, or the attendance of a single mem- ber except the chairman, and under theso circumstances it wus impossible to adopt the compulsory rules provided for in article 7. ‘‘Suggestions as to the working of our judicial system, the examination of projects for a change or reform in the system, or a mmendation of judicial or legislative action, would, under these circumstances, be but the crude hints of a single member and unworthy of the serious consideration duc to the reports of a numerous and unanimous committee. “That our judicial system is cumbrous and unsuited for the wunts of a large city is con- ceded. Those, however, who scek to advo- cate reforms which may voromote speed in the reaching and convenience in the trial of cases must recollecy that increased facilities for trying causcs produce an incresse in the number of cases for trial; so that it would be vitally impossible, even 1if desirable, to overcome a tendency to crowded dockets. Difficulty and exnense of litigations prevent the institution of many suits which ought not to be brought under an, ances. On the other hund, the same difficulty and expense may deter poor men who have meri- torious causea of uction from uey attempt to enforce their rights, *T0 80 draw thie line that justice may bo administered in the language of our consti- tution without denial or delay, and av the same time to check the tendency to rush imto court o trivial pretexts—this isthe problem which the sphinx of modern _litigation pre- sents to us. The undersigned is reluctant to nuswer it without u full weeting of the Jjudiciary committee, S “Ihere were brought during the year 1889 in the district court of Douglas county 2,058 cases, This is about five times as many as wero commenced ten years ago. Experience has showh 1 50 cases are quite as many as can be satisfactorily disposea of by a single judge in u singlo year. Thus, in spite of the act that our judges are harassed und over- worked, our dockets are steadily inc and our courts becoming crowded, *Temporary relief from thisstate of things would unquestionably be found in a criminal court, And it will be fourd chat all large cities have learned that a court with many judges speedily becomes uunwieldy, i's clerk’s office overburdened and its records behindhand. - “For the reason, however, heretofore Riven, it is thought best not to make avy rec- ommendations upon this subject.’’ As president of the board of diroctors Chwirman Poppleton then reported as fol- lows: “Immediately following the organization of the association measures were taken to organize committees and bring before the association those matters which were re- gurded as of importance in 1mproving the administration of the law in the dis- trict court of Douglas county, with special roference to the orgamization of Juries, the practice in the court, and the creation of such other courts as might be thought advisable and were authorized by law. The committee on rules and practico made a report, which was partiaily consid- ered, but wh developed a degree of differ- ence of opinion which ultimately led to its being laid aside after the'failure of the asso- clation to udopt other measures which wero deemed of paramount importance A commiittee was appointed Lo confer with the juages of tho district court in respect 1o measures for the dispateh of business i that court. This committee haa a conference with the judges, and while this conference resulted in no definite action, it demonstrates the existence of u mutual desive to take every practical measuro to relieve the present over- erowded dockets by @ better organization and dispatch of business in the courts so far A8 such measures were practicable, 'A committee appointed to draft a bilt for an ‘independent municipal court madoe an elaborate and careful draft of such a bl This biil, upon being submitted to one of the meetings of the association, elicited an oppo- sition to the entire plan of creating such a court, which ultimately resulted in the rejec- tion of the bill, 5 “*The jury bill framed by the late eession of the legislature of Nebraska was largely supported and drawn by a member of tho association, and his drafe was introduced 1nto the legislature with the approval and ens dorsement of the Bar association. While the bill finally passed differs largely from that so prepared, it is believed it will prove a very great improvement upon the former jury system, ‘It 18 believed that the general agitation of the subject has resulted 1n consiaerable im- provement in the methods and dispatch of ibusiness in the district court since the organ- zation of this association, “The membership of the association reaches about the number of one hundred aud five und bas not been materially in- creased since its organization, “‘Speaking for myself, individually, and without instruction of the board of diréctors, 1 have tho tixed opinion that the practice in the state courts of this country canuot be materially improved in ect to adminis- tration and dispateh of bLusiness without the ?\lupllon of the following measures in some orm : "L A separate and independent municipal court baving gencral criminal jurisdiction, whose sessions shall be continuous through: out at least ten wonths in the year, with power to try all ofienders of which it may be lawfully given jurisdiction, without delay, except such as may be required by the ends of justice. 2. A modification of the statutes, if nec- essary, and of the rules of practice, 80 as to exclude from the consideration of judges all cases upon default of appearance and an- swer in which the dJamages are liquidated and no proof is necessary to establish their amount. In other words, promissory notes, billjof exchange, commercial paper of every dessription, and all other demands in which © the determination of the swount of judgment is simply a matter of computation, shall be deemed to be sufi. ciently proved and admicted by the defend- @nt upon simpie failure Lo appear and au- swer, wheo there has been due serviee of proc: and the clerk of the court authorized 10 assess the damages and euter up the judg- mjent. Of course, such judgwen s, upon the 8 ‘going of the docket, become 1he act of the court, '8, A more rigid enforcement of the rules of practice sud of the statutes in respect 1o the amendment and wodification of pleadings and the extension of time for pleadings, and for otber acts necessary o the preparation of the issues wnd the preseuta- tion of the caes to the court One of the most woticeable things vresident of the mecting to ordor, legisla- y mession of the couet is the vast amount of extensions of time to plead or to do some other necossary a4t without the Assignment of any reasbn whatever, The statutos and tho rules define clearly and un. equivocally the manner atd time of filing of such pleadings and_pavers, aed unless coun- sel are prevented by sickncss or for provi- dential reasons of s0me s6rt, or by the lack of the information necessiry, to file such papers growing out of the absence or sick- ness or inability of sofie kind, of their clients to furnish the information, no exten- sions should be allowed, and they'should not be allowed in any case excopt upon a show- ing made by aMdavit, The statutes and rules in respect to practice were made to be observed, gud it demoralizes both the Iawyer and the court to mdulge in or per- mit a lax administration of them, It would seem to me to be a wise policy and beneficial both to the members of the bar and the court, to adhere, if possible, to at least a reasonably strict and rigil ‘onforcoment of these rules and the statutes, Sioh a course would save a vast amount of times it would make better and more exact lawyers and re- liave the court of a great amount of clerical druagery which does not bolong to it, * * * * "I doubt whethor a court can be found in the United States which spends 8o much time in making merely clerical entrios upon its books and listening to the pleas for delay out of which they grow, and it scoms to me wholly unnecessary. *'4. Each judge should bo made practically independent with his own docket and his own clerk, and the assignment of cases should be mado under 8ome law regulating their assignment as they go upon tho docket, stead of devolving upon the judges the duty of making such assignmonts from day 10 auy as is now done. This would be very easily uccomplishea by assigning all equity 808 to one docket and dividing all the civil cases equally between the othier tivo judges, giving criminal busin (80 long as the present system remains) to one Judge also. Of courso in case either judge ran short of work then a rearrangement could be made by the judges. *'I set these things forth, not in any spirit of dictation or complaint,” said Mr. Poppl ton in closing, “but as my conviction of the measures which arc absolutely necessary to bring the court to the highest degree of eficiency and enable it to clear the dockot We are fast reaching & point where thero will be, s in the supreme court of the United States, a practical denial of justice aud o multiplicity of judges under the pres- ent system will not overcome the difM- culty.” Loud applause was given Mr, Poppleton’s report and suggestions, they seeming to *'wo righit to thy spot” with every one of the rep- resentatives, twenty of whom ware present, Both the report of Judge Savage and that of President Poppleton were ordered on file and their publication request The meeting then procecded to elect ofi- cers for the ensuing year. All the old ones were re-elected, notwithstanding an urgent opinion by Mr. Poppleton that thoy should be changed every year. Thneonly change made was the substituting of Charles Offutt for Joseph R. Clarkson on the executive committee, Tho officersarc: A, J. Popple~ ton president; Herbert J. Davis, vice president; Frank Irwine, secretary; James W. Savage, treasurer; Charles = Offutt, Herbert J. Davis, John L. Kennedy, George B. Lake und Howard B. Smith, executive committee. ‘The question of wore strictattention to the admission of members was broached but action deferrea unul a larger number of the members could be gotten together, At the suggestion of ’resident Poppleton the members of the assodiation will talk over the idea of bhaviog a banquet four weeks Leuce, und annually hereafter. THE THEATERS, One of the best attractions that will be seen at the Boyd this seasan in the line of musical farce comedy is *My Aunt Bridget,” which will be played by Monroe & Rice, the eminent comedians, oo the first three even- ings of this weglk, commeéneing tomorrow evening. Speakiug of the comedy and the actors the Now York World says: As o musical comedy My Aunt Bridget” is the best American production it has been our lot 1o witness. George Monros's delineation of the good-natured, uncouth Irish woman try- iug to bea ‘nice tady” -is unparalleled in brilliant, eccentric churacter paiuting. Bridget's studyling etiquette from n book to avoid improprienies while entertaining some guests, _whom she 1nvited especially to “show off”” before, and awkwardly stumbling. into the blundors she studies to avoid, gives opportunities of dehicate bits of humorous satire, which Monroe's quick, keen percep- ception takes advantaze of und kecps his auditors in a constant roar. Both Monroe and Rice are bright young men, and while their talents entitle them to the big houses they played to here, their success is as argely due to the fact that they have done what few actor-managers do—surrounded themselves with a company of the highest order, The merry musical farce comedy, “Zig Zag,” will be played av Boyd's opera house on Thursday, Friday and Saturday of this week by W. W. Tillotson’s comedy company. “Zig Zag" has met with phenomenal succe: wherever it has been played. 'T'he antics and the dancing and singing of that very bright ana clever soubretts, Miss Anni Boyd, uever fail to capture the audience. Mr. Samucl Reed as Jaggs Green is a droll actor. e makes one of the funniest coun- trymea on tho American stage, and the Roaring Bill of Mr., Alfred C. Wheelan is a performance that s thoroughly unique, “Zig Zag' abounds with the sort of music which tickles the car and sets the feet and head working. An attraction of the hihest class is booked for the Grand during the last three nights of this week, when William Redmuna, Mrs, "homas Barry and a splendid company will be seen in their last and greatest New York success, “‘Herminie,” which has already played to ten weeks' enormous business in that city this season. “‘Herminio” will be staged with the entire original cast and ef- fects from the Star tuezter, New York, The play comes lLere highly endorsed by the press, One of the chief charms of the piece is the comrlow absence of melo- dramatic bravo and forced or noisy situa- tions. *“Herminie™ 18 of the class of plays so admirably represented by “Jimthe Penman” and *“Captain Swift,” and gains rather than loses by the subdued intensity of the situa- tions and climuxes which occur inits rendi- tion, ~A novelty which will bo greatly appre. ciated by theater goers is the illuminated act drop, carried orly and patented by this com- pany, by means of which the usual entracte wails aro dispensed with altogether and the interest of the sudience in the play held un- broken thoughout. Altogether, “Herminio'” promises to prove a great drawing attraction, Although minstrel performances have had a sameness, 1t remained for (Goodyear, Cook & Dillion tontrcduce new features, there- by makiug a complete renovation in min- strelsy, Their acts are new, novel and very funny, Othier people depend on costumes i Rorgeous array, but Gogdyear, Cook & Dil- Lion resort to pure talent, ' These gentlemen have a reputation in the east for giving refined performence, Théir songs are now, Wwith very catehy music. ~ ‘Cheir quartetts are a featura that is second 'to none in the pro- fossion, Their gags are' bright, new and sparkiing. They give a first class perform- ance. The strect parade is something never before witnessed in this city. The membors wear white silk hats and blue Plu-h conts, They wiil appear at the Grand Tuesday and Wednesday, January 14 and 15 *The Commercial Tourist's Bride" will be given av the Graud this ovening by Miss Agaes Herndon and' her company. b comedy furnishes Miss Herndon an excel lent opportunity to dempnstrate her ability as a comedienue. The comedy 18 spoken of a8 excruciatingly funny and Miss Herndon a8 the gusiaing Widow i¥ positively charming. The prices for this Suuday engagement are us follows: All orchestra seats, 50 cents; 1! balcony seats, 25 cents, and' box seats #1; gallery admission, 15 cont Mr. and Mrs, Young propose to givea performauce of Handel's oratorio, the *Messian,” during the latter part of this won th or the first of wext. The celebrated tenor, Mr. Whitney Mackridge, has already been engaged and other arlists are being negotiated with. All swgers who are familiar with the Messiah chorus or who are ”Illnx to learn them are requested to meet those already rehearsing at the Young Men's Curistian association ball on Monday evenings at § o'cloek, e— £ An Austrian railway oficial has in- vented a portable telephone for speak- ing from a ralway train at any point stopping to the nearest station, [RAILROADED 10 THE PEN. Governor Thayer Pardons a Vietim of Legal Ignorance. HENRY PAULSON AT LIBERTY. Report of the State Oil Inspectors Lancaster Bar Association Will Celebrate—The Rock s« land Coming. 1029 P Stieer, LixcoLy. Neb, Jan, 11 Application was made today to Governor Thayer, by the Hon. . A. Holmes of Nor- folk, for the pardon of Henry Paulson, who has been confined in the penitentiary since March, 1886, on @ tiftecn yoars' sentence for the murder ot Henry Stevens in Cherry county, January 81, 1886, The case has an interesting history, Paul- son and Stevens were neighbors. Paulson was anold bachelor who did not mingle much with the people, and though ho was regarded as a little off, was not knowu to be an enemy of anyoue or to havo an enemy in all that country, The next da tor the murder Paulson was missing and five days afterwards he was founa on the trail over the sand hills about. eighty miles south of Valentine, headed for Grand Island. Ho saw his pursuers and turned into a farm house to water his horse wiile they rode up. He was arrested, taken back to Valentine and lodged in jail to await his trial for the mur- der of Stevens. Tho trial came off at the Mareh term of court und about 11 o'clock on the last night of the term a verdict of guilty of murder in the sccond degree was re- turned. te court immediately sentenced hir to imprisonment in the penitentiary at hard labor for fifteen years and adjourned sine dio. Next morning at a very early hour the sheriff took the risone atoard the train and started for this city. Before night, less than twenty-four hours after his couviction, Henry Paulson was an nmate of Nebraska's penal institution. He was aefended by a couple of voung and inexperieuced attorneys ap- pointed by the court, ana rumor says that, a8 usualin such cases, his defense was not very well conducted. At least they mneg- lected, in the hurry and rush with which the case was railroaded through, to file a motion for a new trial that night, and s the court immediately adjourned they could not do so within the statutory limit of thvee days. Some montus after that the Hon. D. A, Holmes of Norfolk became interested in the case and filed a motion for a new trial, together with an afMdavit showing the reason why it was not flled earlier. The court did not sit until October and it was not until December 2 that the motion was heard, when 1t was granted and an order issucd to the warden of the penitentiary to return the prisoner to Cherry county for trial. When this order was served the warden refused to oboy it und Mr. Holmes made application to the supreme court for a writ of habeas corpus for the purvose of procuring the dis churge of the prisoner from the penitentiary and his return to Cherey county for trial. On the bearing of this application the court denied the writ, holdiug that the order for a new trial was wmade without jurisdic- tion, as tho motion for a new trial was not made within the statu- tory limits and was therefore void. On Juouary 19, 1888, Mr, Holmes, after spending a full yeur in consulting the an- thorities both in England and America, be gun_original proceedings in the supremo court praying that the judgment of the dis trict court of Cherry county, in March 1558, be declared void; that Henry Panison be re- stored to all his rights and privileges exist- ing prior to the empanneling ofithe jury and that he be allowed to make a full and com- plete defense to the information filed against him. In the petition it was averred that at the time of the trial and conviction and for some timo thereafter he was laboring under a disability consisting of an aberration of the mind, the result ot sickness, by roason of which be had no opportunity to muke a defense and that no understanding of his own condition nor of the proceedings against him uor any true conception of his own whereabouts nor of the crime with which he was charged and of which he was convicted ; that immediately upon being restored to the possession of his mental facvlties he caused the application for a new trisl to be made a3 stated above; tnat he is mnocent of the of- fense with which ho was charged and of which he was convicted; that tne evidence upon which he was convicted was entirely circumstantial and wholly insufficient to justify the verdict: that the only cir cumstances proved which tended to show his connection with the murder was that he left home on the night of January 31, 1836, leaving his stock and other things uncared for, and that he wus urrested about eighty miles south of Valentine, headed for Grand Island. Ho averred that he left home at that time while laboring under the uberration of mind above mentioned, and that he has 10 knowledge of who or what caused Ste- ven’s aeath; also that since the trial, verdict and sentence new ovidence has been discov- ered which in bis then mental condition could not be obtained, which tends to show an entire lack of motive on lus part to com mit the crime, and which is of a character calculated to expiain his conduct immedi- ately subsequent to the murder. ‘Lo this petition the attorney goneral inter- posed u demuvrer, which was sustained, the court holding that the supreme court had vo Juriediction as a court of equity in an action instituted originally before it to vacate a judgment and graut a new trial in acriminal prosecution, and the petition was therefore dismissed. The judge who heard the case, the prosecuting attorncy, many of the jurors and witnesses and other prominent citizens of Cherry county have asked for Pavlson’s ardon. Mr, Holmes has worked euerget- cally, faithfully and devotediy for this poor, penniless and friendless old man, without any hope of reward in a financial sense or otherwise, simply as lawyers often do from pure enthusiasm in a case and in defense of injured innocenct, At 3 o'clock the governor granted the par- don and deliverad the warrant for his releaso into the bands of Mr. Holmes, his faithful avtorney, who, with Tie Beg correspondent, went down to the pen to bring the old man from captivity into freedom, Lincony Bureav or Tare OMana Bes, } The Bar Will Celebrate. Somo fifty members of the Lancaster coumty bar were present at the called meet- ing in the Burr block last evening for the purpose of reorganizing the bar association, 1t bas been a considerable length of time since the lust meoting, but the: spirit was evinced that evening that it was t00 good o thing to allow to lapse into desuetude, Judge Mason presided in the absence of President Lamb and 8, L. Gelsthardt was chosen secretary. A committee consisting of Me: Billingsley, Lambertson, Strode, Stearns and Johnson was appointed to look up the articles of the old association and to suggest anything which would be aw im. ement thereon. In the course of the ion that ensucd it was discovered thut there was some 8200 in the treasury of tho old associution and it wus therefore decided to see that none of it escaped. Messrs, Lambertson, Courtuey, Parker, Doty and Lansing were appointed u committeo Lo pre- pare a programme for the dedicatory exer- cises and opening of the uew courthouse and 10 report the rasuit at the mecting 1 be held next Friday evening, Some of the gentle- men were in favor of making a spread feature of the day's celebration, but uction 0o this was postponed until the next meeting, The Rock Island Coming. It is roported toaay that a party of Rock Island railroad surveyors are at work be- tween here and Crete, The parties when questioned as to the object of the survey de clined to talk, but gave tbe impression that they were in the employ of the Burlington, but as that company has no surveying parcty out in this section it is the belief that they are Rock Islaud men. State House Gossip, State Auditor Beuton raised $15 by private subscription this moruing for the Eva Miller fund, Six thousand dollars of Hall county re- L same amount to §1,0: PAGES, funding bonds were filed for registration to- Reprosentative hall is being handsomely decorated for the annual charity ball which takes place on the ovening of the 14th. At tha session of the normal school board yesterday evening it was reported that dur ing the first weok of the winter torm students were registered, wivh fifty-six in inthe practice school, who were unrogis. State O Inspector, Tie Bee correspondent fonnd Hon, 8. T, Culdwell, the state oil inspector, in his office this moraing figaring on his anuual report to the governor. From this report the follow- ing summary of the work for 1580 is made INSPECTION Y MONTHS 1N BARRELS. 1888, e . 142,980 1880, Janaary 188,540 Fobruary March . April May June July., August Soptember, . October Novembor Decomber., e 1,048,600 1,217 880 1,043,600 Totals.... Increase ovor 188 . 1 Tho inspection fee all goods tnspected ) 100 s 10 conts per barrel on whother passod or re- jocted. This makes the receipts of the ofio for the year §12,138.80, The receipts and th salary and expenses of tho clief inspector and tive dovuties are compared below for the years 1888 and 1850 1888, 1880, Receipts of o1l inspector's oftico ceeene $10,480.00 £12,17 Salary “and " ‘expenses of chief nspector and five deputies 10,148.22 Surplis.ouuiie o $ 4208 § 1,246.00 One rcason why the cxpenses for 1830 WOre 80 much greater than for 1885 is that the tank line company establishied distribut ing points ut Hustings, Grand Island and Norfolk, which caused much adaitional travel, During tho year 330 barrels of oil were re- jected, "Of this amount 227 burrels were from the National o1l company and 162 bur- rels from the Mutual oil company,all of which was inspected for the Western 'oil and tunk line company of Omaha, City News and Notos. Jokn Hoyd, one of Douglas county’s new deputy sheriffs, was in the city today, bring- ingz down a paticnt to the insaue hospital. The examination of Horatio Flowers of Benuett for feloniously assaulting his fathor took place in the county court this morning. After some discussion 1t was agreed to with draw the complaint and both he aud his father were put under 300 bonds to keep the peace until the next term of court. Mrs, Ward asked the district e to issue an injunction restraining Michaol Watgon, W. J. Huston, F'. W. Collins aud Fd Sizer, clerk of thadistrict court, frow issuiug orlevying an injunction on certain property in satisfaction of a jndgment for £379.80. She alleyes that sho s latoly come into the possession of new and material evidence, A temporary restraining order was grauted. ‘The Misses islair brought suit in the district court today ag the city for £2,000 on account of a chungo in the grade in {ront of certain property owned by them. Gieorge Tompkins, the young man who was taken sick aud asied “for lodzing at tho police station & weck ago, and who was taken to the Sisters’ hosoital u fow days ago, dicd last night. His folis are supposed to Live in Denve: Miss Maud Ebright of Omaha is visiting ber [riend, Miss Fannie Marluy, at B and Twenty-third streots . The state fair meoting wa success, The subscrintions in as rapidly as desired. st LIQUOK LICENSES, not a howlng 'Ge 0L COMIiNG Several More Applications Acted on by the Boarad. When the hquor license board met yester- day afternoon Members Bennett, Gilbert, Smith and Hartman were present. The lat- ter prosided. The first case called was against Boyle & Co., who conduct a saloon opposite the Coli- seum, on North Twentieth street, The wit- nesses were not present and the matter was put over until next Thursday at 2 o’clock, Next came the case of Ed Maurer. He nad been complained of by Chief Seavey, who reportea that Maurer sold liquors on Sunday. A few questions were agked Maurer, and he was dirccted to partition off 118 bar room frow the dining room on Sun- day. The board took his application under advisement. A license was granted to at 328 South Twelfth street. B. Bierbach of 414 »outh Fourteenth street was next called, 1Te was instructed tobwld a wire rail around his bar, to be used on Sund inasmucn as he uses the bar-room s a waiting-room for his boarders “The application of "Christ Witherick, pro- prictor of the Caledonia at 1420 Dodge streot, was passed on account of some error in the bond. At this juncture Mayor Cushing arrived and took his seat as chmirman, Aftor some minor’ basiness had’ been transactea the spectators were invited to pass out and tho doors weré locked, 3 ‘The board then went into executive ses- sion, After an housor more the executive ses- 100 adjourncd. The records show that the followiny business had been transacted Julius Sehlup of 1513 Webster strect was refused a new hearing. Edward Rothery was granted a rehoaring in two cases, Henry Graack of 2602 Walnut street and Charles Storz were granted a rohearing. A remonstrance was filed against the pro- prictors of the Diamond suloon on the grouad !Ilml gumbling had been allowed in the place, John Wooly of 72) South Fourtoenth strect was refused ahearing, as it had beeu re- ported to the board that he sold liquor on Sunday. John Wright of 1018 Douglas street was refused another heuring, as it has been re- ported to the board thut he conducts a dis- orderly place. The board will meet again dn Monday at 2 o’clock p. m. Mrs, D, McCoy — Mr. Riley Grows Personns’ Arguments on behalf of the defense in the case of Schuster, Hinxton & Co, vs W. T, Eubanlk, sheriff of Cheyenne county,were heard in the United States court, The plain- iffs sue the sheriff for couversion of §4 200 worth of property and the defendant alleges that the property was sold by hun under a morigage under attachments, His fees for Eubank's attorney, Mr. Riley of Cheyenne county, made some protty dumaging statoments concerning the alleged action of Mr. Breckenridge of Omaha, Eubank's formet awtorney, in de- serting his client and then attewpting Lo spoil bis cr.auces for re election by alleging criminal actions on the part of Kubank. Riley said be was in possession of suficient tostimony to cause the dismissal of Brecken- ridge from the bar. The court decidea tho case 1 favor of Kubauk and allowed bhim #150 as his fees for watchiog the goods for three months. —_— o Butchers, The ordinance which compelled butchers to pay a license of §100 was killed in the council. The result is heralded with ap- plause by some aud disgust by others. The butchers of Omaba are divided, Since the city has been supplied with such thorough inspectors as Farr and Hichstein nothing but good meats have been sold, When this license matter was first introduced there was complaint after complaint that it would prove & hardship on some of the smaller dealers. The proposition was discussed thoroughly. Finally the oreanization which bad the weaith declared itseif and the men With a lesser capital withdrew and orgun- ized themselves. Now thero are two unions. Both have about the same membership, but @ bitter feeling exists batween them, It is predictea that in the future the butchers will remain silent and not attempt to have any more laws formed in their be- half whatever, They claim that it is too expensive. (ORONER HARRIGAN OBJECTS His OMclal Business Muat Bs Tranae acted at the Old Stand, HE WANTED A NEW MORGUE, But the Commissionors Doolde Drexel & Maul's Establ Wi Answer All Puposes derson’s Committeo Taat hmaent An The Commissionera. Coroner C D, Harrigan appeared the county commissioners yosterday noon and presented & communication for their considaration. It was as follows To the Honorable Board of Commiissionors 1 [ respectfully recommend and request your honorable body to procure two rooms in some building contrally located in the vity of Omaha to ve used s a mworgue and jury room. L further recommend that yon appoint some suitable person to act in the cavacity o 4 morgue Keeper, C, P HARRIGAN, Coroner of Douglas County. In accordanco with the snirit of this recom - mendation, but contrary to the oxpectutions of the coroner, the following offer avas ro- ceived from Drexel & Maul and was snapped up i a jifly To thie Honorable Board of County Com- missicnors ~We hereby agreo to furnish Douglus county, for the term boginning Jan~ vary 1, 1860, and ending December 51, 1891, the use o our morgue, at 117 Farnam strect, in the ity of Om imensions 190x32 feoty including light, eat and water, and all necessary apparatus for mortuary wurposes; also tho use of our rooms at 1417 Iarnam stroot, Omana, for the purpose of w jury roum, including lght and all nccommodas tious necossary for holding inquests, for the sum of §1 per annum, DREXEL & MAUL. I'his offer was accepted unanimously, and Coroner Harrigan absented hunself for i few minutes, presumably to kick nimself, He soon reappeared and prosented the follows n botore aftor: 0 the Honorable Board of Commissioners 1 respectfully object to the morgus and Jury room bewg plreed in any undertaking estiablishnent on the ground that no under- tuker can furnish suitable rooms. 1 furthe object on the ground that the placing of the morgue in any undertaker's place of business is running a public oflco in the interost of @ brivate busine HaRumias, Coconer. This protest was read, but uo action was taken on it, Chuirman Anderson announced the follow- ing committoes of the bourd : Finance—Berlin, Turner, Corrigan, Judiciary—Herlin, Turner, 0'Koeffo Construction—0O'Keeffe and entire board., Churities - Corrigan, O'Keeffe, Herlin, Roads —Turner, O'Keeffe, Corrigan, Bridges -O'Keefre, Turner, Berlin. Poor Furin —Turner, Corrigan. Berlin Court House und Jail-—Corrigan, O'Kooffe, uraer, The committees are the same ns before except that Berlin 1s substituted for Ander- son, A communication was presente d, represontatives of the Grand Army Republic posts in the city, usking the 10 select at least two names from a st sub- mitted for appointmerts as wemvors of the “Soldiers’ Rehef commission,” provided for by statute of the last logisiature, The list contained the names of Charles 1. Thomas, James Cascaden, 1) Hungato, 13. R Bull Deunis and 1. K. W The matter laid over until Tuesany next. Major Clark- 200 was present and advocated the sclection of some of these men, and referred 1o the statutes providing for the appointment of the commission. An old soldier among the spectators moved the appointment of Major Clarkson, but the major objected, Sherifi’ Coburn presented his bill for boarding and committing city, county and iusane prisoners from January' 1 to Junuary 8 juclusive, and also for the month of Decem- ber. Roferred. Appropriation sicet No. 86 of the hospital fund, amounting to $517, was uliowod, Ex-County Clerk Koche presented his last report, showing fees collected during the last quarter of 1850 and up to Junuary 8, 1800, a8 follows: 5 nditures, §1,117.10; 1840, £61.60, ‘The board then adjourned until 10 a, m. Tuesday, at which timo they will appoint the soldiers’ relief commission, us provided by law, and will act on the 'bids for county printing and stationery. AMONG THE RAILROADS, igned by of the board deficit January 8, Coming Meeting of the Gentlemen's Association in New York, Next Tuesday the “Gentlemen’s Associas tion” of railroad prosidents is to weet in New York, and all westorn lines will be rep- resented. Ten days ago it was strongly intimated thatan attempt would be made to organize n trust, but this idea lus been abusudoned, and more than likely the nssoci- ation will have hard work to k itselt intact, All calculations, it is were upset when the Union Pacific and Northe wustern systoms formed the trafiic alliance that created so much indignation umong their contemporaries. Since then every castern connection of the Union Pacific has refused to further intorchange through trafic that coult be given to any other transcontinental line, They also complained to Chairman Walker that this combination was in violation of the Gentleen’s agreement,” and asked from him a decision. ~ As yot, low ho has not sven it to comply with 'their reqiest, proba. bly because ho is far-sighted cnouch to see that un eruption would ba inevitabio no mat- ter which way the matter was decided. He proposes, however, to lot the presideits des cido it themselves, Tv is understood, how- ever, that Mr, Walker has his opinion in the matter ready o submit to Tuosday's moet- ing. It is the opiion that he will straddle the fence, as he has frequently done during whoe last fow months, wud reader a decision that may be construed ous way op theother, according through what kind of spectacies 1t 18 lookod at, Some predict that he will say that the formation of a traflo alliance between the Union Pacitic and the Northwestern is not violution of the agreement, if those roads continue to make rates and divisions in accordauce with the terms of the agreement aua conform with the rules of the association. Should they, however, make rates and divisions ine dependently and to which other roads are not paruies they would bo guiity of violation of the agreement. The conclusion is there- fore rcached by Mr. Walkor that us they have thus far conformed strictly witi the rules and regulations of the association they huve as yet done nothiog to forfeit theie membershin therein, Under ordinary cire cumstances the Rock Islund, St. Puul, Santa Fe and the oth roads witich brought the complaint ugainst tho Union Paciic and Northwestern would promptly withdraw from the association, but as business at present is unusually heavy they aro not fne clined to do anything thatwould bring abous. o general demoralization of rates, and for this rewson it is possible that they will nos take such steps au this tine, KFlorence New Mr. aud Mrs, . 1. Walker gave a very enjoyable progressive euchre paity last Thuraday evening in houor of Mr. and Mrs, J. Btevenson of Evanston, Wyo., who have been visiting them. A very interesting game wus played, Mr. H. Hall carried off the first prize and Mr. J, Stevenson the booby, At about 12 o'clock a sumptuous repust was served, Among those present: Mr. and Mrs, Simps Kar. and Mrs. Hall, Mr. and Mrs. Humilton, Mr. und Mrs. Weber Misses Bondesson, Rufl and King, Mrs, L. . Ray~ mm‘x:; Mossvs, Hondesson, Cole, King and Veber. he reading circle will meet at the resi deuce of Mr. F. M. King on Wednesday evening, e Methodist Conter e Committee, ‘The committee of one hundred of the prowinent citizens of the city appointed some time ago for the purpose, will uieet with Bishop Newman at the Paxton hotel tomor- row evening to confer regardiog tho pro- posed effort o secure the meeting of the general Methodist Episcopal conference in Omuba in 1892 The sceuring of this confers euce means the coming of 100,000 strangers to this city,