Omaha Daily Bee Newspaper, September 19, 1890, Page 5

~ } b ¢ THE OMAHA DALLY BEE, FRIDAY, SEPTEMBER 19, 1800, NESTOR OF TIE (DUNTY BAR, b i Ranored that Judgp Wikely Wil Resign fron the Bench. NOT DENY THE Xet Claims that 1tis Too Farly to An- nounce What He Proposes t I in the Matter, HE DOES STORY. \’I’her« was aquietbut vory ewrnest report flow at the court housw weterdy that udge Wikeley wasaboutto reign his plice m the district ourtbenc, “Tho older and more proninent menbers of Thebar who chimedto haye hieard the runor Aidso i i undertone and with expessins ot profound surprise Without losing any time a represntative Bf Tk Bre called upon the julge, who was Found at lis residence, 607 Norh Nineteenth treet, “Therels a report aflout, Julge, that areaboutto reign ;s thae auy truth i Bsked thenews man, “Well -0, I don’t see low the malter gt 80 fir asto bearepirt,” was the rejly, i hesitating anda ratier cofused manier. “Thavo justretumed fom aten diys’ tr to tie Blick Hills. 1 hala ddightfil tin That, to me, is & very jromising country. Che're grinding ot qite s ool deal of golither. Did youever yisit that count Time wis particulirly precion with the porter just at that momeit, so ho sail: “Thavonot i yetvisited the Black Hils, butpardm me if Irequet thit you favor T Berwithan answerto myquestion.” This caised the julge tosmil verybroally while it ilso broughta tinge of coldr to his chetks. “[s there any foundation for the repont?? Uxo}u.l..—u was yrainasked, “Thervis noimmediateoceasion, you likily toresig at any timo in the weeks or very fow months! “Really I dond® cre todiscuss thomattr. ¥ thiak ditoo arly o begn stiringthe mat- e‘?rup’ Thero 18 wothe yar lit of ny v’ “You yill please prdon me, jndge, but do Fouintend to servethis oher i “lonlycare to ripeat ! is a 1ttle too carly to stir folksup o thesubject ; andnow [ wish vou would not pressme fur- theron the” matter for [ must assire you fibnt it will beuseless so fir asmy giving you dofinito answer isconcrmed.” District Conwt, Tuirbarks, Morse & (o. have commenced Yeplevin proceding in the district court mginst Ella M, Dyer, OnahaNational bank andthe Omala tyw foundry, b Fewver ps- gession of a statinary engiie and a lage uintityof biling, cte. o Drito sies Jueph Axciibald for B35, wihich e dimsis dio hinundera fif;""“' contmet {ir oprating_a quarty of ck located in Phillips connty, Kanss. The € talice company 1s sied for £10.00 By lit to six.yoarld totnarmed Anmie Fred, daghterof David Fred. Tho petition siys Ehaton Decenber 5the ild was playingin voit of ler lome, 1720 Sou th Tenth stivet, hen she was run over by anice yagon be- ongings (o difendint wd ber leftarm vas roken . BEDLAM 1IN THE BASTILE. Enmates of the Comnty Jail Enjoy a High O1d Time, The wually quitt neghbohood 1 the nity of thecounty jaill wasall bustle mnd bonmotin Wedneslay night, md fora time thopasses-by had i ide thatthe imates of thobastile were teaing the stracture down, bent on malcing a bold break for Viberty. About 7 oclock the noise was hideos gouding 1ike men powding will slelge hanmersupon the lars of theinterior, while o e dthenthe padenioniunwasincresed y the most unearthly scrams that were ever uttered by hamin bings, This son attraded (e atentin ofthe ublic and amassof hunanily conmenced Eurlngup thestep inw the yardsurrad- g the huflding. ‘Theyhayekilled the jilorand are trying toescayo!™? “Rum for the police 1? YA nob is after Nel” and liko expros- »lons passed from mouthto moth. Still the erwd increwsed until the street mud thegr ecnllllltnbolxl the ounty building coutaine bundredsof men, womedand chil- n. The mise grewr iy volume s the minutes Sclled by, untilat st Pat Lynch, the jailer, ub of breath and with the remarls, “What in areall of you popledoing herel!” rushed pthe steps and mto the jail As suldenly as it had commeed, the nise mubsided andthe crowd dispersed. T Anuuber of peple yere sen diring the evming and they were all of one opinin— thit o farfulriot was inprogrss within the wills of the ounty prism. Men who reide Enthe vicinity of tho jailstatethatthis isnot Ehe firsi timcthat the prisones have tumed homselies lose, but that it his been a hlfl;fl{ rrence for more thin a weels . t Lynch, the jiler, was scen upon the bject, and ‘with o lodk that waschildlike d bland, said: “I wasin the jailall of the ®yning and ther was no mise; in fact, it Tps unsually quiet. During théuttordon Tore was some n0ise In thewomen’s quar- 2o, but it was caused by g crazy wouan, ho d il cary in the evening People whoare ina puition to lnow state fhat Lyich was absent from the jil all the afternon anl did not retum untilan hour after the fun commencel, The prisoners knew this, and. taking ad- tageof his absmee, idalged inn rollick- Ang old time, Nineof the Insurectinists at the coumty i:‘n havo been packed it a solitary, and will kepton bread and water, yith very littlo ofthe bread md agood deal’of the water, for anumber of days, or ‘il theyre hunbler Than somany newly bom kitlens,” as one of the guards expresses it. Therels comfort for the min with a pre- amaturely gray beard in Buckinghin’s Dye, oxause it never fiils to coloran even brown orblackas my bedesired. - Water LitySoapwill foat. et COMING GAMES. fquinoxtial Storm Prevented waukee's Eighteenth Victory, Never befre was an equinoxtial storm wmore opportine. Ithas prevented Milwankee from soringler dghteath straight vicory over Onaha, and ow all the Brewers will have torrowoveris only seventeen straight. Baturday, with awspicins weather, the re- fuveaated, elixirized Liucolns will be lere and batle for supremacy with the Black Sox. They will alo play Sunday. Linon is do- fora great dal of bragrnis 15 to now they thoy an goig to lambast Omalw's Char- io Horses, and a hot fight will surely rsult, Joe Walsh says he'll beat em, i £ he els six months for it. ~ Everybody 1pects to tum out and see the two Nebrska tams chaw up each other. Itwill be thos vival of thefittest, These will bo the @nies until Saturday, the 27th, when Charlie Abbey will ariveand adeavor tcomplere e soason by thrashing Omala, On Sunday, the 2sh, tho Apstles will givo us (hree gues, one in the moming ind two inthe ernaon, the latter fora single idmission. n Monday, the 2th, the season clses s far & Onouaba and St Paalare concered. The M v —— TheoEffects of Mental Exhaustion, Many disesses, tspeciilly those of thener- wous _system, are the poduts of daily re- awed mentdl exhaustion. Business avoca- tons often involvean amountof mental wear {nrl tear very prougiciil to physial halth, nd thae professions, if aduously pursued, ave nlmal{-‘atmcu\'nm brain and neve tisue, i’h one of the most importat attributes of ostetior’s Stomuch Bitters, that it compen- sites for thisundue loss of tisue,and that it fnpacts new energy to the brain wd neves. The rapidity with whicl it reews weakmned mental oncrgy and phy sical vitalityls rensrk- able, and shows that 1ts invigratig prper- tles axvof tho highest onder. Bosides incroas- g vitl staning, sod countracting th ef- foots of mental exhaustion this potential Bedicihie curs and provents feverand ague, Fhournatism, chroulo dyspepsia and constipa tion, idneyand uterin weakness aud other pmplints. Physicians also comnend it a8 cndluudlumulmz wud Femedy, THE GENU 3 BPOTYER What Is Thought of Xt by the Motor Conductors, The ‘spotter™ isbeconing the bane of the motor onductor*s life,and haants him even In his dreams lile s frightful nightnare, “It 't beeause the boys areall afmid that the spotter will catch them holding out some of the compny's money thattheyare sotertly down oithe tribe," saidone of the onducors yestenlay, “for they despise nther thay fear them, “Tho discharge of the pust fewdaysshow that other charges than holdingout mneybavebeen preferrod. Idon'tknoywhetler wy of the men arin- dinedto ‘kuck down’ o not, but if they are I know of no sich mses, It has beome quite the thing togive nconduictorthe mme of it whetherther is any ground for the chargeor not, andthe sime chestnutty jkes abouthis peulatins are gong tho rouwnds that arm to b hearl abot the policman get- ting drun' or sleepings on their beats. The mpmy aparenly selsus down for @ ganss of thitves, and semds ot their spot- ters us 'much as to say ‘You'd it ym ould it we ch you if you do andyou’dbetternot It seems to me that this is altogethor wrong 1f 4 manis dishonest and wants to steal he willdo it, spotier or 1o sptter, and the inevitabdle resuit on the otherwise hoest men i3 notincliied to be beneficial. The knowledge 'hat ey are sispected and al- ways watched tends to lesen their solf- respet, andsome of thern aro sum to bogin to think they might aswellhave the gune X don tsay that thisis bound case, for aman who mans hoiest uider any and all nces, butit has a tendency to msult stted. Of ourse we dn’t have herif wedon't like the manuer in whichthing ave run, but it isnt aivays 5 ent to thow upa job when another isn’t insight, “1 bave o family depending onme, md T am bound t give them some considertion befors consulting my own inclintions, I have been rilrouding too long, however, to submitto this thing foru steady diet, and I «n[.;u resignjust assoonas lean gt anoher job.. “Oueof the men who wis chargel wis given mo reason that he hal vioited rule 13. A violtion of this wile may b sid to cover a multitide of sins, a5 the rule is quite lengthy. The discharged employe’s short- comings aronot specified. Hemayhaveunin- tentionally negleted to ringup o fare while squanly infrontof thepassmgers thorule requins, or he may have carried a friend free, and_citherof these rasons may have occasimed his discharge, but the public knows thatthe spttersave at work, ad it isatoce st down asafact that the com- panyhas aughtthe offenders stealingand givénhim the bomce. It makes itharl for i man to rwhercelse md works bim agre ““The disciarged employe of whom I spoke is thoou upright, andnot wm employe now working forthe cmpauy believes that he ever missppropriated a ceit. o almits that he caried his girlana er sister several times without collecting farw, and that may be thecausof his discharge but that isnt ‘he reason that will be sttributed by the public gencrally. “Thave for some vimo thit spotters wre at workon the ling, butl haven't loked for them. [havetriedto goalong about my busiuss aul payno attentioto tem, The boys wouldtell every day or two of having themon their trains, but T did’t run _acro: me tknoy who he was until yestenlay. He witchedme % ciosly aul paid so much attention tomy ngisterthatl conldn’t help noticing hin. ~ Jconcluded that Thad fnally tumbled onto oneof the company’s sharpers. Whenhe bogan to talk to 10 T kow that I was right it my conjectures. He payed him- self ol as astranger inthe dty andkentask- ing the nancs ofstreets, and would want to know wholived here or'whokeptthat. store. I hadseen him onthe streels fully @ hun- dred times, ind always supposed (iat he was engeaged inbusiness somewlhere down town, 50 thit when he tried his stranger dolge 1 Inew thathe was playing a part wd atonce cosvicted him in my own mind of being a spotter. Before heleftthe car I wsked him it he wasn't glal that] had given him that infor- mation, asit wasall so newto hin, Hosaw that v onto him, aud e blushed to the 100tsof hishair, A spottercan’t workalinevery bng lfore the cnductors discover what ne is, at least suchspottos asare now atwork, They are 1ot smooth enough. Aconductorwho wants to ‘knock down’ fares isn’v going to do it whenhe his a sptteron the train, or when he huisonlya small lad. He will do his workwhenhis tnin iscrowded ad even if there is a spotler there he can't tell how many ther are in thejim. “All there is toit, 1wantthemto keep out of mysight, If they got onmy trin, 1don’t wantto kuow who they are, It make mo feel ugly every timo L think of theu, and whenever they are watching me 1 wantthem to beso slick about itthat [ wou't mistrust whatis going on.” ““Spottent’” sud antherconductor, “well Ishould siy so. Oneof ’en was i mf'\ruln the other day, mnd what do you thitk ho ad ! ““Woll sir, it was @ printed cand allfilled out tohelphim along in hisbusiness. 1t was all nled off in colimns, and ot thetop of cachcolumn wasa head, allfixedup inapple. pie order. He had Loput down the timetnat e goton the train, the strest, the car num. ber, the numberof pasensers, thenumber of fares rogistered, and._everything for a com- pleterecorl. Ho sat downand began filling out his banlk, and [ saythe wholothing overhis shoulder, Thought I didn't know him, but he didn't fool me. Idon’tknow how many thereare, md Isuppose there are quitea number that Thaven't detected, while perhips there ae.some I laven'teverseen, utlam dead “nto” threcor four of theimn, Why, they ain’t at al shwp. They watth 2 mn so closly thal his notice is aftracted to them. seemsto meif Iwere a sptter] woldn't adverlise mysell to the very men [ was wathing, but [ suppose they think they know their business, If they” were a little smarter perhaps 1t wouldn't be necessary for themto tump up false charges against the conductors in onler tconvince the conpany that they are eaming their salaries.” Soue ~of the condictors say nothing abut any spotters, excepl whatthey haveseen in tho paprs. Theylave never discoveredany of them on theirtrains, and are not loking for tiem. Theyare attend. ing to their workandthey suggrest that thero may be simetling i1 the guilty conscien co theory. The mijority of them however, citherhayeseenthe spottes on thelr trains or kuow that they aveat work. recontly dis- other than y know it b ai B Aveakbacls, viths weay aching lame: nessover the hips, isasign of diseased leid: neys, Usothe kst kidney curalive kiown, which is Burdock Blood S ALight in Every Bcrth. To the Chicago, Milwukee & St Paul railvay olongs thoecredit of heing tho firstin the comtryto relucethe matter of clectric lighting of trins lo seintific pericction, One of the novel feutures intrduced in the sleeping cars is o patot cectric rending lamp ineach section. With thisluxurious provision ading at night before and _after retir ing becomes s comfortable ns andvhen retiing the toilet muy made in comfrt and seclusion, The borth rading lamp in the Pullman n\uotlng cars runon the Chicago, Mil- waukee & St Paul ruilway, between Onuha md Chicago, is patented, and cannot boused by uny other railrosd company, It is the greatest improve: ment of the age. Try it and be con vineed. Sleeping cars leave the Union Pa depot, Omaha,at 610 p.m. daily, awrri ing at Chicago at 930 a. m, ~ Secure tickets and slooping carperths at Union Ticket ofice, 1501 Farnam street ( Bark er Block), Omaha J. B PRESTON, Pass, Agent. B General VanWyck. At the Dixo conty fair Wediesday General VanWyclke spoke to s larg and enthiiastic audience, The fair wis a wonder ful exhibition of the resources of the county and compired favombly with tho older counties of the state, Finwcially andother wise the falr was & siccess, General Vaoe Wyck's able adiress waswell received and heartily spplauded. R “Water Lily boap b cents a cake,” FRIM THE STATE CAPITAL. A Pur Vidow of Iincoln Robhed by Her fonn-in-Lauw, IMPORTANT SUPREME COURT DECISIONS, Howa Joker Got in Jall—Rumors of Strect Rallwaylmprovemen ts— Thiewves K oundl Guilty— City Notes, Livors, Neb, Sept, 18.~[Spaal to T Ber|—The reprts concening George L. Gay getting possession of his mother-inlaw's property ad then tuming her ot of doors, wasin a measure ecorroborated when Mrs, HelmJ. Roe, theladyclaiming to own the projperty, appeared before Justice Cochran today to gt outa writof mplevinto recover the sime. The louss andlotsilhn question arevilued at $H00 ot the lowest estimate, andMrs. Roe declaxes that she has never deeded tholots to Gay, andif she has it was donothroigh some frauduiont mews of which shewas not coguizant at the time, The poor womn tll a very patheic sory to the judge, butwhenthe replevin ws drayn up aadsie was notified that it would cost her 81 shedeclared with tears in hor eyes thit she didn't havea dollar in the world sinc Gay gothold of her prope: The pipers there: forewerenot saved, THE JOKE DINT PAN 00T, A fellow namal HL. P. Sherman theought to playa very funiy joke on the wlicetoday, andgoing intothe St Charles hotet he tele phoned 0 thepolicestation pretending that he was Deputy Marshal Hamilton at Fremont andaskedthe aid of the Lincon police in catching somes imaginary thieves, Fetold a grait stoy abot a stre beingrobbed by a scoroof desperate fellows and gave a detailed desuiptin of them, Fo said they wer headed for Lincoln when last seen, Shortly aftawards the pliceattempted to call him up togetsome further information about the robbe and, Hindingr that ‘central” had dis- connected them, askel forthe number just ing tothem, T nepolice were very much surprised to learn that the comiectin had been notwith Fremont, asclaimed, but sim- plywith the St Charles hotel. The oficers wentto that hestelryand arrested Sherman on the eharge of inpersonating an ofticer, He is now infail regretting hislittle joke, STRIET RALWAYTALK, Anumber of castern capitalists an here negtiating forthe purchase of a number of thestreet car lines inthe city, and if suich a dealis made itishinted that electricity will in agreatmeasire be substituted for mule power, Whether thisdealis effected or not, the Lincon stet railvay,itis reported, will deto tho popular demand for quicker” trausit and put on cectric cars sooner or later, In cse suich a change s maile, the South Sixteenth streetline passing eastof thestate house wil be the first to have electric <ars, Today the new North T.incoln electric line compamy commecedunning cars_over its line, butfor the present horses will furnish themotive power. I'he motor house is located twoblocks westof the old woolen mills site. Theline extendsfromabouta quarter of a mils atove the power houss south 1o Thitteenth and 0 streets for the preset. 1tis reprtodthat the deal between the owiers of the South Lincon line and ex- Governor Dawes, S, W. Burnham, William Oyler andothers is about consummated. The Stindard strect ralway company fs talking of extendingits terminus near the fairgrounds on Seventeenth street east to thebranch on Twentyseventh street. SUPIRIME COURT DECISIONS. voTho folowingopizions were Linded down ¥ Chicago Burlington & Quincy milroad coupany vs Kiiski, Emor from Platte county.” Reversed and remanded. by Mr. Chief Justice Cobb, 1. In anactioof P, K. sgainstthe Chicago Burlingtn & Quincy railvad company for malicious prosecution in the arrst and trial of the plaintiff for the larceny of milroad ties on theoathof B, F. P, theagentof the defmdent, held, thatif from the evidence the agat hal reasomablo grouwnd for suspicion, supwrtel by ciramstamces sufiidently strong inthemsves to warrant a cautious manin the belief that the accused was guiity of the offense, and that the agent believed he was guilly, thien there was propable cause forthe piosecution of the accused, and thexe- for, malice wisnot to be presumed on the partof the defondantor itsagent, 2 Thecourt below having s instructed thojury upon the trial, and the evidence clenly” wareanting the istructions given, andthe jury having retarneda verdict for the laintiff, held, error in overruling the de- ‘endant’s motin foranew trial, German insurance company vs Heldak & Skilouski, Emor from Cuming county, Reversed and remanded, Opinion by Mr, Justice Norval, 1. Thepolicy in sult prvides thatthe in- sured must oblain the written consent of the company for all additional inswancoon the propertyinsured, orbo shall not rewver in caseof loss, and further provides that ‘*the usoof geeral terms, or anything less than a distinet speci fio sgreoment, clearly expressel andendorsed o the policy, andsigned by & duly authorized agent of the company should notbe costrued as awaiver of any printed coulition of the policy, and no notice to, and no comsent or agrement by ' any loal agent Ishold affect any con diton of the poliey, until such cousent or agrreement is endorsed thereon,” Theinsured subsequently procured further insurance, of whichthe local agent was noti- fiel, and orally consented thercto, but such agrement wisnot endorsed on thepolicy, The property was destroyed by fire, Held, that thenotice to and the oral consentof the Joal ageit dilnot vindthe wompany, and that theadditional insurance obtained witn. out the written comsent stipulatedin the policy, rendered the polioy void, b In a actin oa plicy contaning a })l\)\'!ilo\’l that in case of other polices, the nsured shall recover no greater proportion ofthe loss thanthe sum insured by the bears tothe whole amountof the policies, it was ad nitted that there was other insurance onthe property amaounting to 00, and thero was before the jury testimony tending to show that theentire loss wasless than the whole amountof jusurance. Held, thatit wis ernr to instruct the jury that tho mesure of damages was the market value of the goods destroyed, Cheneyvs Wagner. Ermor from Johnson Motim overruled, Opinionby Mr, ustice Maxwyel 1, The failure tofile a motin fora mew trial in the court below while it will prevent a reviewof theerrons ocurringat tho trial, i for striking the petition in exror ipt fromthe files, 2, Nocxeeplion isnecessary toa ful judg. Opinion licy, 3, Petition in eror and trnseript filod within e yeir fronthe date of the trial wil boretained asan ermr case, Brownys Etice. Error from Madison county, Dismissed, Opinionby Chief Justice Cobb, 1, I a aetion under sections b1 and 7 thecodeof civil proedur wher service by publication and the plaintif’'s aMaayi omitted o stat that the_defendants, or some »m, resided outof the state, held, that it ompetent for the defendint o appear specially in supportof & motion challenging the jurisdiction of the court or to quasha judicial piper without farther appearing as o Aefendant in the case. Porter vs Chicago & Northowestern railevad, 1 Neb., 143 Cloghor vs Wateman, 16 Neb., 2%, 3 A rulingof thecourt sustining the de- feidant's motion to quash the service agaiust hin by publiction, without a judgnent of record, is not sich i finalorder determiniig ho plaintiff”s rights of action as will be re- emor. Brown vs Edgeron, 1t ob., 45, . Ashbyus Greenshde! Error from Gago county. Opiiion by Justice Maxwell, In am action of replevin basel on i agre- ment of the hu:.bml& for the sale or incumn bor- iug of persoal property, the testimony showed that the wife wasihe owner of the property and that the husband had no au- Thority W sellor incumber the same, Held, thit @ verdiet in favor of the wifefor the vilue of the property was right and would be sustained. Rickands vs Home county. well. In anactionon @ accont for goods sold aud deliyeredto R, & Uo. ono W. H, R. b fore the delivery of part of the goods clused the inlerest of K. in the firm busines sul assumed bis share of the debts. As tos- Emor fom Lancaster Affirmed. Opiuion by Justice Max- tified to by omeof the w sos, ‘he sto] into the shoes" of R l}.:m‘ that the Pep:l? mony shows thit W, HER/as & member of thenew firm assumed the debtsof R in tue firmof R & Co 2 That there was 1o naterial variance therein as between the' wase broughtin the Justice court and that teied in the district court. 8 Theovidence held ¥4 sustain the verdict, Watson vs Roode. Error from Gage cointy. Revosed andjeuanded, Opinion by Justice Norval. Wherean action is b*tght on a contract of warmnty, and the petition is silent as to whetherthe contract is i writing, there is nflfv\‘(‘sumptinn that It eXists inparol and the written warranty isadmissable in evidence atthe trial. 2, The purchaser of pexsonal property must haye relied upon the statéments made by tho seller, asto thequality of the article sold, in order tomaintain an action for the breach of the warnnty, 8, Thevendor is liable for patent defects in the property sold, ifitis s stipulatedin tho wirranty, 4. In anaction fora failure of a written wnm\ni{nn the saleof @ lorse, which guar. autced that the horse is registered in the stud book of England, held incompetent for theseller to prove bf’ panl testimony that prior tothe salo he Informed tho purchaser that the horse was not registered, 5 Plaintiff'sexhibit 1B, copied fnto the opinion, held, not proper robuttivg testimony, butshould nave been introduced in chief. 6. Before a copy ofa letter can bo received inovidence over theobjection of the opposite party, itshoullbe mde 10 appar that tho originals lost or destroyed 7. Where no exception is taken to the giving of instruction untilafter the verdict, itisa waiveroferror, if any, in glving such instruction. 8, Where thegenoral reputation ofa wit- ness fortruthand veracityin the meighbor hood where horesides is_poven bad the jury may entirely disregard the tostinony of Stuch witness except as he is corroborated by other crediblotestimony. Myersvs Baler. ErrorfromGagecounty. Roversed and remanded. Opinion by Justice Norval, Whenthe facts constituting acauseof ac- tion or defenseare stated in @ pleading ass matter of information and belief, and not positively, an objection to this mode of state- mont caniot be raisel by demurrer, nor by objecting to the introduction of testimony at thotrial. The objection can onlybe taken by motion. Stoutenburg vs Leybrant o al, 13 0.8, 2% Wihere apurchaser of negotiablo paper before maturity takes it with knowledge of facts which impeach its validity between an- tecedent parties, or witha belief based upon circumstances hrought to his knowlelge be- foro thopurchase, that the maker had & de- fense Lo the mote, such purchaseris not an in- nocent holderand the paper is subject to the defenses exasting between the maker and payee. J. Before thecontents of a written instr- ment canbe established by oral testimony }hn lossof theinstrument must be accounted or, Omaha & North Platte railroad company wvsJanecek. Error from Colfax county, Al firmed. Opinion by Justice Norval. Wherea railroad company constructs its d in front person’s tract of land, and inclose proximity tohis tesidonce, held in an acion to recver damags by the owner agninstthe railtoad compiny, that hecan re- cover for any damiges he may have sus. tained inrespect to his property not suffered incommon by the public genevally. Injuries resulting from smoke, soot and cinders from pussing engines are proper elements of dan- age, - Union Pacific railway company vs Marston, Error from Buffalo county, Afirmed. Opin- ion by Chief Justice Cobb. M. applied toan agent.of the Rock Island & Peoria railroad compauy at one of its sta- tions inthe state of Illinois to ship certain oflice furniture, includinga stove, to Kear- ney, onthe lineof the defendant’s road in this state, The agent informed M. that the custom was for shippers to reloase stoves, butadvised him not to doit for reasons given, but to pay theadditional expense of sending itat carrier’srisk. To this M, assented and oftered to pay the freightto said agent, who informed hirn that. he could as well pay it at theendof thoroute. Theagent placed the goods into a car of a freignt train which pro- ceeded on its way. Fouror fivehours after wards the agent handed in a paper, saying that it was @ receipt for the goods shipped. This paper M. put in his pocket without ox- aniningit, and which proved tobe a bill of lading of the goods contaiing interalia the coudition: *Stovesat owners risk of breuk- age.” The goods were received at Council Bluffs from the Rock Island railroad by de- fodantand carried to Kearncy, Upon ar- rival thestovewas found to have been broken enroute. Inan action by M. against the Union Pacificrailway company for damages forinjury to stove, held that as between M. and the Rock Island & Peori rmilroad com- puny thestove was carried at carvier's risk, 2 Certain instructions givenas requested, and others modified and given as modified, setout with such modificationsin the opin- ion, el rightly given, and rightly given as wodified, 8, Theevidence held tosustain the ver- dict, especiallyin view of the fact that upon tho trial the jury were ordored, aud por- mitted by the courtat the request of the de- fondant, to goout in charge of a bailif and examinothe stove inits vroken and damaged condition, Curry v. Metcalf, Eror from Hamilton oy, Aftimed. Opinion by Justice Max- well. Where the only error assigned 1is that the vordietand judgment are against the weight of evidenee, and the witnesseson each side, taving equal meansof knowledge, testify to acontmdictory stateof facts, & mew trial will not be graunted. The following causes were argued and sub- mitted: Commerical National bank v. Ne- braska State bank, Liming v. Kyle Marvin . Weiler, Richardson v. Stene, ourt adjurned till towmorow at 8:30 oclocka m. “THE DIANOND THIEVES. AlL of yesterlay and part of jne day before was consumed by the distriet. court in listen- ing to the evidence against Bill Woods, F'rank St. Clairand Bill Webber, the three fellows arrested for complicity in the robberyof Goldwaler's jewelry ostablisement, The arime was commitied several months ago. St Clir induced the proprietor toleave ona pretended betand whie Goldw away the establishment was plunde all thevaluable diamond rings taken ]mr:«ulluml captureof the thieves in Council Bluffs was a clever piece of detective work planned by Mawrshal Melick and Detective Mulone, On_arraignment Webber pleaded guilty, but ‘Woods, relying on the flinfiam trick of his attorney to clear him, pleaded innocence. But hislawyer got foiled in the performance of substituting other rings for the real ones taken and atgo’clock Last evening the jury brought in a verdict of gulltfl His sentence to the penitentiary will probably be twico as long @asthat of Webber, who acknowledged his guilt. Testimony against St.Clairwasuot suficient toconvict himof burglary, but as he was the cunning rascal that induced Gold- water to leave hisstore just before the rob- bory, the police and allother persms con- cerned believe that he isa party to the crime. THINK THE DAMAGES 700 116G, June2, 18%, while CGeorge E. Brdy was drivingdown Norfolk avnuein Norfolk his team was frightened by theblowing off of swam in & locomotive ' belnging to the Omaba & Hepublican Valley railway com- piny and he was thrown put and run over by his “own wagon. Twoor three of his ribs were fractured and he Wwis otherwise hurt, besides receiving intermlinjuries. He sued the company for 0,50 andwas awarded 1,133 damages. The wompay, loweve think this excessive and tqday the case was appealed to the supreme Qurt, AT THE STATH HOUSE, Al E. Ewan of the lau] commissimer’s of- fice has been in failing _health for some time, and tonight he left for Hot Springs, Ark, to reouperate. The Weston grain and stock company las notified the secretary of state of its incorpor- ation. The capitalstockis quoted at $5,000 JamesE, Taylor is tho leader in the enter- prise. The Nebraska terminl railroad and cle- vator company, which mikes its headquariers at Sioux City, fited 1ts by-laws today with the secretary of state. The corporate scal of the company is to be a disk with thename of the corporation around its outer edge, THE TRANSIT FIOTEL (LOSED, The Transit hotel was closed yesterday u morigage held by Mms. Saraa L Mary, the mother of M. M. Marcy, the proprietor. The mortgage called for 31,100, which he could not pay. Over §,000 of unsatisfied claims, such as meat and grocery bills, are sald toexist. Lackof patronage is attributed 48 the cause of the failure. APTER RECRU TS, Licutenant H. L Hawthorue of the Second artillery at Fort Riley, Kan., will bo here for a week to recruit men for the regular nrmr. Ifthe prospects mre good anothor oficer will be sent here next winter and remain & moptia in the same worls, 8 ODDS AND EXDS, A fellow nimed Penwarden was arrested \)r- Detective Malone last night for beating hisboard bill at the Opelt. Heo was on- consed in the Windsor, When Penwarden saw his game was up he shelled out the cash. A warrant is out for the arrest of & youne man named Otto Bell who s charged by his aged mother with having stolen her spec- tacles and pawned them, There is consideravle talk at present of the g0 and electric light companies being con- solidated. Whether this means more expor .ul\'& firrhcuwr lighting facilities it is bard totell, Samuol R, Brobst, who was arraigned in the district court today on the charge of as- saul*i General J. O, MoBride with arevolver with intent to do great bodily harm, was let off with atine of $10and costs for assault and battery, The (erman anti-prohibitionists are doicg some very eflective work here in reerultin the ranks with Germans who have neglecte heretofore to take out their naturalization pvers. Nearly ahundred such have been ound within the last week and arrangements made for their naturalization, 2 —_————— No need to take those bigcathartic pills; one of Dr. J, H. Mcl.ean's Liver and Kidney Pillets is quite suficient and more sgrecable. o= ntniie SOUTH oMA NE WS, Proceedings of the City Council, Councilman Burke presided and Moessrs, Melcher, Tougherty, Connelly, Towl and Towley were prosent at the meeting of the city Gouncil Wedunesday night, On motion of Councilman Connelly the ac- tion granting the certificate for three years as amember of the voard of education to Mr. Van Aken was reconsiderod, Messrs, Con- nelly, Burke, Dougherty, Mclcher and Row- ley Voting yos and Tow: voting no, On motion of Councilman Burke the city clerke was instructed to notify the president of the board of education to annul the cate of election issued to C. T. Van Aken the term of three years, Another School Board Snarl. The city council, at its special session Wod- nesday night, hasadded another complication to the board of education muddle. At the meeting Monday night a resolution was offered directing the city clerk to issue a cortificate to C. T, Van Aken for three y term, and in compliance therewith the clerk made out and delivered a certificate, At the meeting of the counal Wednesday night it was claimed that the resolution authorizing the certificate wasnot carriedand it carried illegal, Councilmen stated tif for that o certificate was first issued to each member of the board of education withoutany length of term. Aftor- wards Mr. Van Aken, who was elected as @ threeyear candidate was given a certificate for three years with the three years scratched out and one year written in. Demurring to this, Mr. Van Aken asked the council to give him a certificate for the term ofthree yvears, On the other hand, it was stated that heretofore the candidate weceiv- ing number of votes has the certificate for the longest term. The action of the city council in annulling the cortificate and in_ fnstructing President Persons to disregard the certificate will fur- ther complicate the present entanglement in the board of education. the been highest given Damage by Rain. Thehardestrain of tho season occurred yes- terday. Damage tothe amountof $200 was done tothenew Stockman building N and Twen- ty-fourth streets. The Home restaurant suf- fered considerably. Losses in small amoun were expressed all over the city, the whol aggregating several thousands of dollars, Notes About the City, Chatles Lee is sick with malarial fever, Both Mr. and Mrs, Hemrich Stegg are down with malarial fever. A combination democratic meeting and dance has been called by A. Ierncker at his dance pavillion, Tiwenty-fourth and G streets, Sunday evening. Mprs, Frank Demnis, who has been at the point of death for some days and whose hus- band's course has been censured, died Wednes- day might. Charitable persons are contribut- ing funds forfuneral expenses, Three orphan children areleft destitute. With your name and address, mailed to the Swift Specific Co., Atlants, Ga., i3 necessary to obtaln an interesting treat- 1se on theblood and the discases incidant Skin Eruption Cuved. ©Ono of my cusiomera, highly respected and influential citizen, but who is now absent from ¢he city, hasused Swift's Specific with excellent result. Hesays it cured him of a skin eruption t4at he had been tormented with for thirty years, andhad resisted the curitive qualities of msay ‘other medicines. Rongmt CLEGO, Drozztst, Flln Clty, Neb ONLY No one doubts that the Kabo corset lasts ae year without breaking or kinking or shiftinga ““bone,” because the store refunds the money in case of a single item of failure in these respects. And no one doubts that the Kabo answers its purpose and suits the wearer, because, if it don’t, the store refunds the “money on call within a week or two or three. It is the unbreakable cor- set, the Kabo. It is the un-wear-out-able corset, the Kabo. Itis the corset that suits, the Kabo. The only question is: Do you want the Kabo kind of a corset? iwe« There’s a primer on Cor- sets for you at the store. CHI0AGO CORSYTCO., Chicagoand New Yorks ZEE=2 GORLISS BRARD Linen Colla d Cufls, Corroct Stylel Best Quality, Perfect Fitting. e L VTIV "’E", RS INSTITUTE OF OUR LADY OF THE SACRED HEART. WASHINGTON HEIGHTS, ILL, This Institute, situated 1n one of t Tt evory aivantize. for rongh and aseful educmtio be resumel Sept. 2, 180, For particulars ad- dress Superloress, LLINOIS MILITARY ACADEMY, “*iissier* ‘Cirenlarof IRENRY J, STEVENS, A. B, Prin, HA00, Mot N M Broair teos EW YORK MILITARY ACADEMY. - NEL A A& ai N, v, "Pears Soa Fair white hands; Brightclearcomplexion Soft healthful skin. “ PEARS~Th Giat Enlsh Compleion SO, Sold Evepuhe.” h S1 irt defiessi e king™ Ifthe old proverb betrue, REOPYRIOHT S SAPOLIO is grealer than royalty itself: Try'itinyour next house-cleaning: Grocers keep il~ DO YOU LIVE,IN GREASE? 4 As a true patriot and citizen you should naturalize yourselt by using the best inventions of the day for removing such a charge, To live in Grease is utterly unnecessary when SAPOLIO is sold in all the stores, and abolishes grease and dirt. Reventeen years® oxperience. A regv the grentest succoss all Nervous, Chron 1 Priva torhaea, Lost Manhood, Seminal Weak kin and Urlnary Orga Consullation froe. AMUSEMENTS. B d TR TNTGIT SYES \FII'IIKIT:\\}IAfl\r,F. COMMENCING THURSDAVv SEPTEMBER 18 THE EMINENT ACTON, MR, RODEIT MANTELL IN TIE MAGNIFICENT S PECTACULAR PRODUC- TION OF THE 0% SICIA\//)‘ < RSICH o A\ g\[/}[\‘()/VV\/S ) THER, The Grand, ©“Saras " SUNDAY, SEPT, 21. Beach & Bowers’ -FAMOUS— MINSTRELS. POPULAR PRICES, Box seats. $1.0) and 75 cents; Orchestra, [0 cents; Ba.cony. 55 and 2 cents; jallery, 15 cents. Box shicet open Saturday morainz RAND EXPOSITION COLISEUM BUILDING. September 22— —— TN —(gctober 13 ROEDER & BELL, Migrs. Spaces and Privileges Closed. Dime Eden [usee, WILL LAWLER, MANAGER. CORNER 11TH AND FARNAM STS, OMAHA WEEK OF S| OA. BO. A WONDER! A PHE Adog that reads. DRUNKENNESS IN ALL THE WORLD THERE IS BUT ONE CUf DR. HAINES’® GOLDEN SP o 3 o book ol pariioulanize, 10 bolnd of KUTN & OB-riokh & Dotuisns, & 1h & Curming Sio: Gcbrade wuiplied by BEARE IRUCH & €O and OHARDSON DRUG GO, Omans. Cures In 1706 DAYS. Guwraateed not Chise Siistare, MFd orlr by T Evans Cnemicat Co. CNGINNATI, 0. U.BAL arinin cura for (he devii 1> wknos pecullar Ip it and feelsafe I rescommending At surers. . A, STONER, M D, DrcATu Lt Hold by Dyugiiste. JOSEPH GILLOTT'S STEEL PENS. GOLD MEDAL, PARIS EXPOSITION, 1889, "'I—IE MOST PERFECT OF PENS. o v 81.00. r gradiate in medicine, as diplomas show. Book (Mysteries of Life) sent fre ) NO CURE! NO PAY. DrDOWNS 1816 Douglas Street, Omaha, Neb. Ta stilloatiring wity permanont cure guarantaod for Cataeri ney, Syphills. Stricturo, an al T easo | un fortaks and fal OMce hours—9 a. n. to § p. m. Sanday FHE ONLY LOTTERY PROYECTER BY THE [MEXICAN NATIONAL GOVERNMENT. OF THE BENEFICENCIA PUBLICA, (PUBLIC CHARITY) HSTABLISHED IIN 1878, 85 Aud In mowlso e Compuny” ws THE NEXT MOATHLY DRAWING WILL BE HELD 1N THE MORESQUE FPAVILIOM ™ THE CiTY OF MEXICO THURSDAY OCTOBER 9TH, 1890, Which 1s the TILA ORDT- $120,000 By torms of contract the company must dopos hewm of il prizos ncludad i (1o sehomo bator selling o single ticket, and recelve the following om Clalparmit: CERTIFICATE -1 hereby certify that the Bank of London and exleo has on deposit the necessary funds o guarateo tho payment of nll prizos drawn by the Loteria de la Beneil 1 APOLINAR CAS Further, the company 1is required to distribute Afty-six per cent. of the value of nll the tiokets in rizes—a largor portion than is glven by uny othor otlory. Price of Tickets, ‘WHOLES, #8. American Monoy: Y, QUARTE EIGHTHS, # 66 worth of LIST OF T 1 Capital Prize of $120.000 1 Capital Prizeof 40,00 Club Rates: lckets for $30. 1 Capital Prizo of 1Grand Prize of 2 Prizes of §2,000. b Prizesof 1,00, 20 Prizesof W0 100 P'rizes of 80 Prizes of 629 Prizes of 3 it : APPROXIMATION PRIZES, 150 Prizes o §12) approximating to} 120,00 150 Prizes of $10) approximating o §i0,00 ,\ 5 ot H -oBEE g238 EESo, gE55E & B ¥ 1 s fully pald n U T of tickets s limited to 8,002,000 5014 by otier Tottorlos wslng Lhe same scheme. g7 Renit by ordinary letter, containinz money orders (ssued by all express companies, or New York Exchang rrency must invariably bo sent rogistered. Address U. BASSETTI, City 0t Mexico, Mexico. OR CHAS. B. MANTELL & CO,, 40! NEW YORK LIFE BUILDING, Omaha, Nebraska. The Natfonal B - Nob., will ps i drawn inthe lottery ¢ lieu of City of Mexlco, MANHOOD RESTORED. e e “SANATIVO," the dorful Spunieh Ttemedy, (8 wold with o Wrltten Guaran toe to ¢ ‘a / ¥y £ ) of Dratn Power, Hoad A il oD ?cl,u.“}\' ll'Lt-ldul;‘u-ru, B 1, ., LostManhood, Nerv® O B AR RS Cotiom, Linaa)ivde, ali draios and loss of power of the Gonerative O tion, youth- of tobaceo, Iy lead 16 and Tusanity, i‘uln;l in y I the veat pocket. Piico With every $5 order wo Fiumn dithor sex, caaved by over.cx ul idecretio oplom, or Tuflrmit cy. by mail 1o auy addrees, Cir fice, “Mention this paper, Addrees HADRID Tranch Office fur U.8, A e, L h and Douglas Streots or, Hth and Douglus §te tounell Bluffs, Towa, THIS PAPER IS PRINTED FROM Y B — FROM THR — Great Western Type Foundry, 1114 Howard St" OMAHA. GALVESTON, TEXAS, the great Gulf City of the near future. Mug- nificentharbor. A milllon and @ half dollnrs now belng spent fn rock and lron docles, The seaport of the country west of the Missisippl. Writ formation und rups. EART &00. Established 1857 ks Jlig K. n B URE iyt oot PRYVE oo n jalnk I | A — B Wo eliininate all poison n Uhe rystem, 8o that there can nover be & retum of wo will ¢ money and pay entire faro wnd hotel bilis, OUR MAGIC RENEDY o cure the Five years in e and Never W not care. B for Byphill 1l our Magle Komedy was dl o, Write for Fofercnien, 0., Omaha, Nebraska, Office, St. Clalr Hotel,Cor. 15th snd Dodge S| COOK REMED