Omaha Daily Bee Newspaper, February 18, 1891, Page 5

T —————— e —— - — . — - THE OMAHA DAILY BEE: WEDNESDAY, FEBRUARY 18, 1891 A" THEOLOGICAL ~ SEMINARY. Preshyterians Oonsidering the Advisability of Locating One in Omaha. | DR, GEORGE L. MILLER'S LIBERAL OFFER, | An Enthusiastioc Meeting of Ministers | Held Yesteraay at Which the Ini- | tial Steps Toward Organiza. ton Were Taken Tho meeting of the Presbyterian ministers called to convene at the First Presbyterian church iu this dity yesterday afternoon for * tho purpose of discussing the feasibility of establishing a theological seminary here, re- sulted in u much more aggressivo step here than had been anticipated by the most en- thusidstic promoters of the idea; and will Brobubly prove to be the initial movement in | the establishment of a great theological 8chool and university of learning in Omaha. | Mhe prominent ministers present were Dr. Ray of Topeka, Kan.: De. W. W, Har- u, L. D., of Tecumseh, Neb.; Rev. H. O. ott. Hiawatha, Kan.: Rev. Stepben | ps, . D, Council Bluffs; Rev. Charles | Avoca, Ia.; Rov. . W, Grossman, ; Rev. T. L. Sexton, D, D., Sew- Rev. J. W. Mills, Beatrice; Rev. Dr. Kerr, president of Bellevue college; Rev. J. (i, Spencer of Bellevue: R H. | Fife of Fremont; Rev. J. M. Wilson, Dr. W. J. Harsha, Rev. M. Ware, Dr. Jjonn Gordon, Rev. Milligan, Rev Paul, Rev. It V. Atkisson, Re: Asa_Laird, R Villisca, ard, Ne! W. 1. Henderson, Rev. I.G. Schaib) Rev. W. 1. Blaney of Omaha; Rev. Jolin F Baird, Plattsmouth; Colonel J. B. Finlay, Kittining, Pa.; Elder J. H. Wescott, Council Blufrs J. ¥. Baird, Plattsmouth. Dr. Itay of Topeka was made chairman, but Colonel Finlay to presido. ssion opened at once by the read- The dis Ing of a number of letters irom leading pas- tors of Kansas City and Denver and other expressing their regrets at not being to attend and pledging their earnest prayers and support in the undertaking. Rev. R. V. Atkisson of tho Southwest Preshyterian church then opened the entiro question of the necessity forsuch a school, and of the desirability of Omaha as its loca- tion, He traced the history of educational dnstitutions, both of the old world and the new, und showed that Harvard, Yale, Bow- oin' and William and Mary universities were rst established by church educators, al- though some of them have branched out, to moro cneral lines since. Speaking of the great need of & theo- logical school in the west Rev. Atiisson said that Union and McCormick seminaries at New York and Chicago are now_closed, and that some of the smaller ones, like the one at Danville, 1L, are so far away from this great #treteh of country that the e of no benefit 10 those seeking theological training who live west of the Mississipoi. 1t would bo well if somo of those smaller schools could be pickedeup and transplanted west of the Mississippi, but that cannot be done, for the funds that have formed their endowment have be given upon condition that they main where they are, At present the chy has no theolog hool west, of the Miss- 1ssippi, although thereare over 200 candidates for the ministry in the region of territory contiguous to Omaha. If young men wero educated in this cit} Thiey would bo much. botter fittod for work bere. At present it is impossible to got enough ministers to fill the pulpits in Ne- braska and other western states. When young ‘men go east to attend a theological Behool they frequently find good positions there when they are through school, and never come back. Dr. Ray of Topeka was called, and said he belioved * there was but one side to the question—we need the seminary and we need it in Omaha. Although he lived in Kansas ard would like 1o hiave all the good things il that state, yet he renlized the fact that the institution should be planted in a central location and in a large city. He reviewed the experience of great schools, and had mnoticea that they thrive best where the great commercial in- terests are most active. In looking at the great stock vards that Omaha has he could say that theold adage is most wonderfully true—*The pen (stock pen) is mightier -than the sword,” “‘Wo need ministers,” said Dr. Ray, *‘and ‘we must manufacture them here in the west, ‘We cannot send the raw material east and {m. 1t back again. Tt will not come back, an f it does come back it frequently comes in a shapo that is not practical for work in the western field.” Ho pledged the support of tho brethren in Kansas, not only for n theological seminary but & great university, He believed that young ministers should be edicated in a city where they could do some missiopary work while receiving their education, and Omaha wus the place. Kansas has no large city that is wicked enough, the doctor said laconically, for the young men to practice on, After several others had spoken a resolu- tlon was passed expressing it as the senti- ment of the meeting that a theological semi- nary be established. A committee con ing of Dr. Ray of To- fiku, Dr. Phelps of Council Bluffs and Rey. illigan of Omaha was appointed to draft resolutions as to plans of proceedure, A proposition was recelved from Ur. Georgo Miller offering to donate twenty-five acres of land in Seymour park providing that the church should erect a building t cost mot less than $20,000 within three years from the date of the acceptancs. The committee reported in favor of accepting the offer with thanks, and proceeding at once to orzanizo a board of forty directors, who shall clect a board of nine trustees, and that rooms shall be secured and a school opened in September, 1891, The resolutions further provide that no debt shall be in- curred, and that & finunce committee of seven be appointed. Tho time set for the first mecting of the directors is Tuesday, Mareh 10. The resolutions wero eorgo L. Miller was present and was asked to speak, He made & short address in which he expressed great satisfaction at the manner in which the meeting had procecded, and promised that tho iustitution shall bave his earnest support. The meeting then adjourned until evening. At the evening session tho following di- rectors were elected : *_ Forone year—Rev. W, I, Ringland, D, D., Huastings, Neb. ; Elder Robert Brown, Hast- ings. Neb. ; Rev. E. H. Curtls, Lincoln, Neb. ; Elder Prof. H. C. Hitchoock, Lincoln, Neb, Rov. J. N. Mills, Beatrice, Neb.; Elder Rob- ert McConaughey, Beatrice, Neb.: Rov. Asa Leard, Knox church, Omaha: Elder General A. Moore, St. Louis, Mo.; Rev. J. N, Freeman, D. D., Deuver, Colo.; Eider W, M. Randall, Omaha. For two years—Rev. T. L. Sexton, D. D,, Seward, Neb.; Elaer Join Stewart, Now York; Rev. W. R. Henderson, Omaha Elder J. M. Lowe, Omaha; Rev. N. H. G, Fife, Fremont, Neb.; Elder Manly Rogers, Rev. John Gordon, D. D., Omaha; Elder Dr. W, F. Milroy, Omaha; ‘Rev. T. C. Swith, Clar- inda, Ia.; 'Elder 1\ . Clarke, For Threo Years—Rev. E. C. Ray, D.D., Topeka, Kan.; Elder J. H. Wescott,” Council Blufts, ' Ia.; Stophen Phelps, D.D., Council Bluffs, Ia.; Rev. D, J. Burrell, D.D, Miuneapolis: Blder James B. Larimer, To- ka, Kan.; Rev, T. 8. Bailey, D.D,, Cedar Rapids, a.; ElderJ. D. McCord, #hiladel- phin, Pa. H. O, Scott, Hia- For Four Years—Rev. watha, Kau.; Eider Dr. Denise, Omabia; Rev, W. J. Harsha, D. D., Omaba; ‘Elder Charles Arbuthuot, Pittsburgh, Pa’; Rev. D. R. Korr, president Bellovue colloize; Elder J. A. Chain, Denver: Rev, George I, Hays, D.1., Kansas City: Elder P. L. Perine, Omaha? Rov. J. M. Wilson, Omaba; Elder Aber lle'}l‘l_\', l;i'n\\;uwurrm, Kan. ho oction of trustees was tponed untii the March meetiug. b Quite a spirited discussion took place over naming the sominary. A number of the members wanted to call the school the Omaha Presbyterian college. Another gentleman thought the name should be left to the gentleman who would #ive the lirgest sum of money, | The matter was finally setilea by leaving everything entirely in the hands of the directors, - SO “Ayer's modicines have been sauisfactory to mo throughout my vractice, especially Aye.'s Cherry Peotoral, which has been used by many of my patients, one of whom says ho nows it suved his life.—F, L. Morris, M. D., Brooklyn, N, Y. CONNORS' DEATH A Coronor's Jury Returns a Verdiot Charging Dwyer with Murder. The examination of wituesses in tho Connors mourder case was continued yestordny, The state was not repre- sented by attorney, Mr. Gannon not having returned from Lincoln and the county attor- ney and his associates being otherwise en- gaged. The first witness was Officer Marnell, who whas the first witness on the scene of the fra- cas. He described tue appearance of things as has_already been published. When he entered the house Flannery had Cushing’s head in “chancery” and was striking him in the face. They were standing in the door. way between the large roomn and the hallwa leading up stairs and the witness could not see any part of Cushin He heard Flanuery exclaim, Shorty,” and then heard stairs, but it was dark in tho stairway and he could not see who it was. Tho witness arrested Flannery, after having some trouble with him, and then went up stairs, He found Cushing up stairs on the foor and saw that he had been s bed. Called the patrol wagon 10 take Cushing and Flanoery to the station aud then went into the house again and found Connors _sitting on a bench, sup- vorted by another man, Someone said the man was faintiog, but the witness looked at him and announced that he was dead. He atonce called the central station for more men. Shorty was not scen at all by the wit- ness. J. D. Herr, another inmate of the house, | was the next witness. Ho was an eye witness of theaffair, but his testimony developed nothing new. Olat Anderson, alias *Kansas,” was then called, He testified that his homo was at Oltawa, Kan,, and that ho was a baker by trade, He was sleoping in the bedroom off the large room where the fight occurred, was not awakened until the policomen en- tered the house. Ho saw three mon in the hallway and then went 1o sleep again. Did not hear any more until he heard tho ofticers say thatall the inmates were under arrest. Ho then noticed aman in the bunk opposite raisc up and put on his coat and after- wards open a small window or manhole in the wall aud olimb through, As he disappeared the witness heard something drop and then went to sleep. On cross-examination the witness admitted that hie had been drinking Leayilly the night before and was very drowsy. He was posi- tivo that he saw tho man in the opposite berch tremble as he put on his coat, but could not, describe the coat-or the man, s it was too dark to sce plainly. He could not say whether the man who went through the window was Shorty or some ono else, At this point the county attorney requested by telephone that the inquest be adjourned uitil 4 o'clock and this was done. Tho examination was resumed at 5 o'clock. Andrew Miller was the first witness calied, His testimony was merely corroborativo and ¢ facts were developed by his testi- Nathan Riechenberg, the proprietor of the lodging house, was tho next witness, He was in the room when the fight commenced and at ouca ran out for a policeman. When ho came back the fight was about over aad the officer arrested Flannery. Did not seo the stabbing and did not sce arything of Shorty. James Watson was called. Ho was em: ployed as chambermaid av. tho lodging house. Ho was up stairs during_the fight_and when he went to go down ho found Cushing lving on the floor near the stairway. He assisted in placing Cushing on o bench aud covered nim with a quilt, supposing he was only in- toxicated. au then went down stairs and saw Connors leaning against the wall und heard some one say he was dyiug. Dr. Coulter was then put on the stand and testifiod that he had made o post mortem examination, He found no external marks of violence on the body except a small wound botweer. the fourth and fifth ribs, which pen- etrated the pericardium, allowing blood to surround the heart_and proventing it from performing its functions. The inner pont of the wound, where it picrced the paricardium, was slightly above the point of entrance. "This completed the testimony and the jury retired to codsider a verdict. There was a_manifest disposition on _the part of all the eye witnesses of the affair to suppress the truth as faras possible, On severo cross-examination many of them bocame somewhat rattled, and réturned con- trudictory answers. The jury returned a verdict to the effect that Connors camo to his death from the effects of a knife wound inflicted by Dwyer with murderous intent 8 N, A Woman's Advice. “There is little in woman’s adyice, yot, he that won’t take it is overwise,” says Cer- vantes, This proverb is mostaptly illustrated in the following item: Duriug the fall of 1882, while my daughter was teachiug in the country near here, she contracted a severe cold and cough. Isent her a bottio of Chamberlain’s cough romedy and the effest was so satisfactory that on her recommendation the entire neighborhood be- gan its use, and with the most satisfactory results, which has continued with increasing confidence ever since. J, H. Reinhart, drug- gist, Alton, Kan, e Omaha Leads Them All. G. B. Worley, city engineer at Great Falls, Mont., is in the city forafew days. Ono month ago Mr. Worley secured a leave of ab- sonce and started out on a tour of inspection of the western cities. First he went to San Francisco, then down to Los Angeles, then back along the coast. After this hevisited Salt Lake, Ogden and Denver. In M)cukinx of these' citios along the route, Mr. Worley said: ‘‘They areall very quiet, and I want to say that Omaha is_the only city whero any life is displayed. If you think it is quiet in Omaha, you should go west. n Denver and Salt Lake they are doing nothing. The cities are flooded with real estate men, but busi ness is a' a stand still. I was never Omaha ®cfore, but I realize that it is n great. city, full of ush and evergy, and from a business standpoint is ahead of anything I have ever scen. I .may be off, but I predict that in ten years the city will have not less than 500,000 inhabitants.” Mr, Worley leaves for home in _the morn- ing, solug by the way of Minneapolis and St. aul. T To Nervousand Debilitated Men. If you wili send us_your address wo wil send you Dr. Dye's Celebrated Voltaio Belt and Appliances on trial. They will quickly restore you to viger, manhood and health, mxrghlot free. Voiraic Beur Co., Marshall, o —_—— The Fruse Inquest. An inquest was held yesterday afternoon to determine the cause of the death of Charles Fruse, the B. & M. switchman who. was run over in the yards at Eighth and Mason streets on tho night of Junuary 81. The testimony showed that Fruse was coupling a freight car to.an engine on a side track whei & passen- r train which was bemg made up backed uto an open switch and against the eogine which Fruso was coupling, pushing oue of the trucks over his leg. He was taken to St. Joseph's hospital and his_log_amputatod, but soou died. Drs, Coulter and Lo tostified that a post- mortem examivation showed that the man’s logs showed the presence of acute and chronic pacumonia which had caused death, The ury returned a verdict to the ffect that Fruse came to his death from the ef- foots of injuries received by being run over by the eugine. i Lnd The Best for Childr. ‘While Minnesota 1s one of the most healthy states in the Union, it is one of the worst for colds, owing to the'severs winters. Mauy of the druggists there, mako it & rule to give their customers just what they call for; but whon they come back and say it done no good they most invariably recommend Chamber- lain’s Cough Remedy, as will be seen by the following from Messrs, Wells & Shroeder, of Sanborn, Minn®: *‘Wo recommended Cham- berlain's Cough Remedy after other leadin cough preparations had failed to do any good. and always with the best results, Wo can always rely upon that remedy, as it js sure to effect a cure. It has no equal for hildren; especially is cases of croup or . oopiag congh." e FUES L Still Solvent. New Yok, Feb, 17.—The run on the American loan and trust company continues this morning. Presideut Baldwin refuses to make a statoment, but says the company is solvent. — De Witt's Little Early Risers; best little Pills for dyspepsia, sour stomach, bad breath, FROM THE STATE CAPITAL. A Youthful Professor Dies From the Effects of Over-Work, A LAWYER'S UNPLEASANT PREDICAMENT, If He Follows Up His Case He Will Be Made a Defendant—Lincoln Hopes for Packing Houses— Supreme Court. Liscory, Neb,, Fob. 17.—[Speclal to Tae |—Ernest H. Thornbrue, & member of usiness faculty of the Wesleyan uni- versity, and a bright young mau of ouly twenly-five, died this morning at University Place, from overwork. The funeral exer- cises will occur at 10 a. m. tomorrow at the nniversity chapel. The remains will be shipped to Fontanelle, Ta,, for interment. WON'T PAY HIS BILLIARD BILL, On Friday morning a queer case is to be tried in Justice Brown's court, Itis onein which alawyer named John J. Rice refuses to pay @ billiard bill for $15.30 on the ground that it was a gambling debt. The debts were contracted_at J. J. Allen's _billiard hall, 130 South Eleventh street. Rice is very fond of o gamo of billiards or pool, but practice with the cue has failed to develop any skill in him and as a result he almost invariably gets “'stuck” when he thus enjoys himselt and has had to pay for tho game, ~ As hio al- ways played to beat instead of to pay he has been “standing the provrietor oft” and giving his promisory note cach time instead of the requisite cash. Allen has twenty of theso promissory notes from the attorney and the atter acknowledges them, He rofuses, however, to pay them, claiming that when playing pool_he was gambling and therefore was not_under obligations to pay the debt. He brought in an armful of law books to substantiate his_defense, but Justice Brown waived all the pleasure of lis- tening to_the arguments until the time of trial on Friday morning. Mr. Allen is pn- tiently waiting for Friday to comeso that Rico will offer his testimony in regard to gambling, whereupon a warrant will be im- mediately sworn out for the arrest of the lawyer on the charge of violating the stat- utes prohibiting gambling. LINCOLN'S PACKING WOUSE, Lincoln’s advantages us a packing point have long been concecded to be unexcelled, and it has boen a matter of wonder with shippers and others why it has neyer at- taited prominence in that e, The failure to attain this has been due toa variety of causes, some unfortunate avd which could not be’ provided against, and others due to the machinations of interested men. A number of local capitalists, among them John Fitzgerald, E. B. Brown, C. T. Boggs, K. K. Hayden, 1. M. Raymond and others, havo latterly heid a large amount of stock in the two packing houses, which have been oper- ated by the Silberhor company of Chicago, Silberhorn has been the real manager, and the houses have never been run to thefr full capacity and offerings could not all be taken. “The big packing house was _thoroughly over- hauled recently, the intention being to again start it up the first of the year. “I'his was not done, however, because of in- ternal dissensions in the company, the Sitber- norn interest being at variance with the local capitalists. A few weeks ago I Ray- mond visited Chicago with the intention of conferring with Silberhorn, and_either buy him out or sell to him. Aftera full and free discussion of the whole matter Silberhorn concluded to withdraw and for several days past has been in the city for the purpose of closing out his interest, He wiil depart from Lincoln unmourned. He made very specious promises to the Lincoln mon, and caused them to doublo their original investments. "These promises they say he has not kept, snd it is probably a very good thing for Lincoln that he has withdrawn. The houses have not been in operation, practically, since in December last, but it will requive but a week or two until the big house will be put in operation. The work of refittivg the other house will begin immedi- ately, and tho gentlemen interested say that it will be in operation iv from sixty to ninety days. The houses will be placed in competent hands, and a new era of prosperity will open for West Lincoln. KISSED AND MADE UP. Sarah Webster has taken it all back. A fow days ago she filed a petition for divorco from her husband of eight months, Charles, but yesterday afternoon they appeared in court, told the judgo they had made up and bad_ their petition dismissod, This 15 Mrs, Webster's third husband, and haviug moved to the city she concludes that life will not be 8o hard ‘as in Waverly. About tw sinco sho obtained a divorce from her second husband, Glennan, whom she had arrested several times for attempting to kill her. Glennan had been her hired man, and when they were married he attempted 'to boss the ranch. She dbjected and a row ensued. A MURDERER SERVES HIS TERM. On Friday next Richard Fitzsimmons, the young son of a well known farmer living in North Bluff precinct, will walk forth from the penitentiary doors a free man, Fitzsim- mons was sent up from Lancaster county in November, 1559, for eightoen months, and has made Some good time. The crime for which be did penance was thekilling of Will- iam Reed on March 17, 1880, in Waverly. The parties were attending a St. Patrick's ball, and all hnd been drinking. Rocd got into i fight with Fitzsimmons’ brother, and Rich- ard, hearing that some one was killing his brother, rushed down into the hall, grabbed a cue and smashed Reed's skall. SUPREME COURT. Shephard vs state. Evvor from Dodge county. Affirmed. Opiuion by Mr. Justice Norval. The preli ry examination before the court to ascertain whether or not a con- fession of a prisoner offered in evidenco is voluntary, is properly conducted in the hear- ing of the jury. 3, After'a confession is given in evidence it s for the jury to determine from all the facts and cirenmstances proven on the trinl, in connection with the confession, whether it was voluntary, and what credit’ should be given it, 3. Held, that the confessions proven on the trial were voluntary, and properly received in evidence. 4. The remarks of the judge in passing upon an objection made by the defendant to the introduction of certain testimony ex- amined and considered and held ot prejudi- cial to thu accused. 5, It is not error to refuse an instruction the substauce of which has already been given, » 6. Evidence held to sustain the verdict of murder in the first degree. Fust vs State, error from Dodge county. Afirmed. Opinion by Mr. Justice Norval One count of the indictment charged the de- fendant and one S. with having purposely and of their deliberate and premeditated m ice killed the deceased. Two other counts charge that the killing was done in an at tempt 10 perpetrate a robbery upon the de- ceased. ¥ Held—they charge the same offense and it wis 1ot necessary for the state to elect which count 1t would roly upon. (2) when a prisoner while under arrest and without ~ threat, _promi or in ox. pectation ~ or ' hopes or favor, voluntacily — makes. & confession, the same may be proven on the trial. (3) ‘The jury is not bound to give every part of a confession the same credence, but they can accept one part as true and reject such por- tion as they believe from the evidence is un- true. (1) When insanity is relied upon as a defense and testimony has been introduced. which rebuts the presumption that the defendant was the same, the burden is upon the state to establish by the evidence beyond a reasonable doubt that the accused was sane at the time of committing the act. (5) Held that the instruction fairly preseated to jury the issue of insanity. TWO BALL PLAYERS SIGNED, Dave Rowe, the baseball mogul, arrived from the east yesterday afternoon. He brought back with him contracts with Catcher Park Wilson, ana Pitchor Jawes Stafford. He also brought back with him a large amount of euthusinsm, and is engaged today in distributing it around the city. Mr. Rowe has still that little subseription paper with him, and people who have the interest of Lincoln at heart should put down their names for something. Mit. ALLAN'S PROMOTION, Mr. C. B. Allan, deputy auditor and acting insurance commissioner, who has made a national and almost internatioval repu- tation for himself amoag imsurauce men by bis efforts to root out wildeat nsurance Nebraska, and also by his valuable con. tributions to insuraicg'poriodicals, loaves livs present position Mateh | to assume the more munerative positiom of state agent of the Continental fire insurance company of New York. The Continerithl insuranco company is acknowledged to Be one of the largest in- surance companios in the United States, A RENARKANLE SUIT, A most novel sult has been filed in the dis trict court here in which David Butler Lin- coln Breed is the complainant and ex-Gov- ernor Butler the defondant, The story caus- ing this suit is historical and in brief is as follows: In 1 when David Butler was overnor of Nebraska, he and the Lincoln and comy proclaiined an offer that they woulda make the first male child born in the city of Lincoln a présent of a lot, provided that said child would be named after the gov- ernor and the city. In due time a child was born to Mr. and Mrs. Breed, and seizing the opportinity to bestow upon their offspring a small hor?m;m they named him under the offer of_the governor and the land company, David Butler Lincoln Breed, A short time after the christening of the youngster a contract for a deed to lot 5, lock 85 of tho Lincoln land companys subdivision of the city was exccuted and delivered. Timo~ went on, but the was made out and d delivered. Finally the lot was sold on an ex- ecution to Johu Fitzgerald, who in turn deeded 1t to John B. Wright, and the latter's flax mill now stands upon the lot that was to have been the property of David Butler Lin- In Broed, In the meantime young Breea r, where he became of age. His heart yearned for the lot and the other day he retained the services of R.J. Greene and J. A. Mulligan and instructed them to bring suit in the district court for the specific performance of the contract betwoen his pa- rents and David Butler ana the Lincoln land company. As the lot is situated at Seventh and Mstreets, nearly in the heart of the city, it is well worth tighting for, and the outcome of this suit will be watched with interest, FIGUTING FOR RECOGNITION, The fight between the officials of Wayne and Thurston counties us to whether the former is a county independent of the latter was carried into the supreme court today. The officia)s of Wayne county asking for a temporary injunction against L. C. Cobb, M. C. Wheeler, J. S. Lemmon and C. C. Shar- yolt to restrain them from exercising the functions of county commissioners and treas- urer of Thurston county and that upon the final hearing of the case that the defendants be perpetually enjoined from exercising any authority respecting such territory, TUE HEYMAN & DEICHES FAILURE, The failure of Hoyman & Deiches, Omaha, is of particular intérest to Lincoln’ partios. Mr. fl\!yumn of Omahais a partner in “T'he Bazar'" enterprise of thi owned and managed by ki the other partner and resident manager boing Mr. Paul J. Bonwit. Yesterday Mr. H man gave a chatiel mortgage to a rclative, namely, Miss Amy Hoftman, The mortgage is to secure the payment of §3,000, and Mr. Bonwit claims that it is a sonal debt and that the tirm of 1. H. Heyman & Co. are under no obligations to pay and if would not be right for said firm to pay the devts of Hey- man & Dieches of Omaha. ~ He states further that the mortgage which was given to Mr. Heyman was executed for the purpose of de- frauding New York and icago manufact- urers and other real creditors. Yesterday parties representing Miss Hoffman demanded possession of the Bazr and were forcibly cjected from the building. THE HOUSE KNOCKED HIM OUT. In the district court of Douglas county, William J. Johuson, recently an employe in the pncklllz house belonging to George H. Ham- mond & Co., sued that company for $10,550 for a number of kicks received from a horse belonging to that corporation, Johnson says that he was laid up for two months from the injuries. In the lower court Johnson got judgment for $3,500, but the packing com- pany appealed the case today to the supreme court, place, which is Heyman & Co., ATTORNEYS, ADMITTED, Court: met pursuaut to adjournment. The following gentlemen were admitted to prac- tice: J. Jensen of 'Fillmore county, W.J. Courtwright of Browu county. Sornberger vs §lmrorm Passed to the sixth district, and plaintiff ordered to return the record within three days after service of order or cause dismissed. ™ The following causes were argued and sub- mitted: Black vs Leonard; Green vs San- ford on motion; Bauer vs Deane; Gifford vs Wagner on motion; Aultman vs Martin on motion; Burk vs Dempster; Thompson vs Richarason drug company; Carson vs Solo- mon; Atwood vs Atwalor; Curgn ve Atkin- son. ODDS AND ENDS. The young men’s republican club will meet tomorrow evening at Justice Foxworthy's of- fice. Important business is to be transacted and a full attendance is desired. A petition signed by 216 business men has been received by the " council asking that all- night electric lights be placed on each corner in the business part of the city. 1t has been 1eferred to the street lighting committee, J. A. Buckstafl, the contractor, has been awarded the contractof laying the curbing in district twelve. Another petition in the matter of viaducts in North Lincoln bas been handed in to the council. It is in the nature of a remonstrance against the use of wooden viaducts on Ninth and Eleventh streets, The paper was signed by a large numuver of property owners, who thought that wooden viaducts were hable to fire, decay and accident, and that, instead of two wooden ones on the streets named, an irott one on Tenth street would entirely fill the bill. Referred to the committee on viaducts. Stephen Crouch asks the city council to give him 5,500 for injuries sustained by his twelve year old boy, who fell into an un- guarded sewer .ditch at Nineteenth and N streets on the night of December 20. It has been referred to the city attorney. “The Lincoln city electric rallway company asks for permission to tear up the pavement on N street for a connection with the Capital Heights lino. They also want to run theiwr line from Twelfth and N to Ninth street, from thence to P street and then west to the Burlington depot, They agreed to relay the paving under proper supervision, The mayor and lightiug committee of the city council have been instructed to look up .somo remedy for the defects in the present lighting system of the city. il To Correct a False Statement. Ina World-Herald article last even- ing entitled *“The Eiseman’s Reported in It” we desire to say that the parties cluiming “to be in a position to "know” are guilty of deliberately falsifying. While Messrs. Henry Eiseman & Co. were very unfortunate in their business their ontire dealings have been fair and above board. It is well known that Mr. Ben Eiseman was served with fourteen writs just when the sale began, and no sane man would khowingly buy into somany law suits at once. This is a valid reason why Mr, Ben Eiseman did not buy the stock as he intended to do. The parties in # pusitiun to know say: “It is a fact beyond Qispute that when the sale was made 1 Hayden Bros. the Eisemans’ had tho 'say as to where it should go.” This™is utterly false, and no one but a maligious falsifier would make any such statement. If this corre- spondent is a man he will certainly come out and explain his position and how he knows, ¢ We will furthex state, with all due respect to Mr. Holden, that he had a very small say in $he transaction, Mr. Holden bought the, stock with the ex- peetation of being backed by wealthy parties, and when misunderstandings and complications cani#¥p he was obliged to to sell, and we bonjght the stock outright and took the receipts for the small por- tionsold in Council Biuffs, The public do not care to know how much Mr. Holden lost in the deal, but we will state again in justice to Messrs. Eiseman & Co. that their record is perfoctly clear in the whole transaction and no one can justly accuse them of any scheming whatever, The entire stock is now on sale in our store and we own the (ioods low enough to offer the best bargains ever heard of for first clags merchandise. HAYDEN BROS., 16th and Dodge streots. e Sioux Chiefs Start West. Canvisie, Pa., Feb, 17.—-The Sioux chiefs visiting here left last night for Chicago. —— No griping, no neuses, no pan when Do Witt's Little Early Risers are taken., Small pul. Safe plll. Beot pill, THE DEMOCRATS ARE JOYOUS. They Consider the Election of Kyle a Viotory for Themselves, DISSENTING OPINIONS, A PAR OF Death Ends the Disputes of General Butler and Admiral Porter—Sock- less Simpson's Embarrassing In- troduction in Washington. Wasmixarox Bureav Tae Ber, l 518 Foukre STreeT, Wasniaroy, D. ., Fob, i7. ) The democrats here are in great glee over the clection, by the South Dakota legislature yesterday, of State Senator James Anderson Kyle, independent, tosucceed Judge Moody, republican, in the Unite senate, They believe that Mr, Kyle will select a seat on the democratic side of the senate chamber and co-operate with the domocrats in -all legisla- tion, They believe further that the election of Kyle will afford so much encouragement to the independent party in South Dakota that they will make a deep inroad upon the politics of that state nexv year. Senator Pettigrow, who as a prominent republican of South Dakota, has taken a very active inter- est in the senatorial con test said toc “I do not eve Mr. Kyle will sit oa the democratic side of this chamber or co-operate with the democrats, except possibly in the matter of froe coinage and on a few other economical questions, Ho was born and ed- ucated in the Ohio reserve, is a full blooded Scotchman: was a republican until a year ago, and all his inclinations are in tne di tion of the republican party. He made a speech about n year ago which pleased tho independents so much that they concluded at the convention which was held during the absence of Kylo in the east to give him the independent nomination for state senator and he was elected by a small majority, while ont of the state. He therefore did not tie him- self to the alliance or independent party and made no pledges to either 5o faras I can learn. Being, therefore, from education and patural instincts a republican, 1 feel assared that he will,in all important political mattors, co-operative with the republicans when ho comes here to the senate. He is a Pre: terian mivister aud a _clean and able man, and I advised my friends in the legislature to vote for him to succeed Senator Moody when- ever it appeared the latter could not be elected and a straight republican could not be centered upon by the republican party. Of course 1 would have preferred to see a straight republican elected and 1 think the republicans coula have elected one from their number had they stood solidly together, but Kyle's election is a_great unprovement over that of a democrat.’” Representative-clect G said: “Ido not think K, regarded as a democratic pos- sible that he may co-operate with the demo- crats to some extent, and certainly, his elec- tion is an encouragement to that element which is wedging into South Dakota politi butKyle's associations have been republican and ho is a republican from a very natural turn of inclination.” It was believed on the house side of the capital, for a short time this afternoon, that the election of Senator Kyle might be set aside on the ground that there is a section in the state constitution which was framed with the intention of defeating the election of a member of the legislature to the United States senate. The following is the provis- ion referred to, being section 12, article 8, constitution of the state of South Dakota: ‘‘No member of the legislature shallduring tho term for which he was elected, be ap- pointed or elected to any civil office in tho state which shall have been created, or the emoluments of which shall have been in- creased, during the term for which he was elected, nor shall any member recive any civil appomtment from the govornor, the governor and senate, or from the legislature, during the term for which he shall have been elected, and all such appointments and votes given for any such member for any such office or ap- pointment shall be void.” Your correspondent calied_the attention of Senator Hoar, chairman of the committee on privileges and elections, to this provision and asked whether it would nullify the election of Senator Kyle, to which the Massachusetts statesman replie “No, the constitution of a state provides for the qualification of legis- lature and other officers, but the constitution of the United States fixes the qualifications ofthe members of both branches of congress. It would be impossible for a state to fix the qualifications of a United States senator.” THINK THE WAR NOT OVER, In the senate today, General Manderson presented, from the citizens of Dawes county memorial characterizing the alleged disarma- ment of the Sioux as a “hollow mockery. These citizens demand immediate and thor- ough disarmament of the Ogallalas and Brules. The mewmocrial, after charging that the promise of the government, made to the settlers of Dawes and adjoining counties, that the Indians should be disarmed, has been flagrantly and mmlplnlely disregarded, stated that the hostile Indians had not been disarmed. The only guns turned in were those of alleged friendly Indians and those arms being of a worthless character. *The army and the government,” say the petitioners, ~ “have been justly made the laughing stock of all who have actual knowl- edge of the state of affairs and the lives and property of this afilicted community are, if* anything, more insecure at this time than be- fore tho first signal of alarm was sounded. We demand that the Indians on the Sioux reservation be placed with the war depart- ment and be removed from the field of politics,” INDIAN MEASURES, In the senate today, Senator Pettigrew of South Dakota offered some amendments to the Indian appropriation bill. Among them was one creating a commission to be appointed by the president to visit the Sioux Indian reservation in South Dakota and enter into an agreement with those who draw rations from Pine Ridge and Kosebud agencies by which the Lower Brulo Indians may be eorolled with the Rosebuds and al- lowed to take lands in severalty upon that reservation, sonth of White river, also that the principal and interest of the permanent fund, created by the act of January 19, last, shall be proportioned and divided according tothe number of Indians receiving rations and annuities upon the reservations after the terms herein authorized shall have been effected, instead of in propor- tion to the number entitled to reecive rations and annuitics upon the separ- ate reservations at the time the act of Murch 2, 18586, took effect. This amendment carries an appropriation of $5,000 dollars for the purpose of the commission, Another amend- ment gives $,000 for the construction of buildings, ete., for the Chamberlain indian school building. Another amendment in- crcases the salary of the commissioner of Indian affairs from £3,600 to §,000 4 year. Senator Pettigrew believes that the Indians upon all the reservations should be made to follow the example set by the Yanktons who have taken lands in severaity and are engaged in agriculture and other successful industrial pursuits in South Dakota. BUTLER 1IN SATISFIED, As the dirges of the funeral of the dead ad- miral echoed along Pennsylvania avenue up to the capitol today they fell on the ear of General Benjamin I, Butler. He sat mood- ily in one of the senate committee rooms, for the mufiled drums brought to him unpleasant recollections of the Butler-Porter feud, which is one of the bitterest. personal in the history of the war. The geueral guawed at an unlighted cigar and told stqries of Sher- man, but never & word of Porter. A corre- spondent inadvertently asked him for some ancedotes of Porwr, suggesting that their rsonal assoclation during the war must ave been close. “Yes, very close indeed,” said Butler, “but they arc taking him to is grave and 1 have nothing to say of him now." It will be recalled that General Butler stated, some ume ago, tbat his book of per- sonal reminiscer.ce would contain an ar- vaignment of Admiral Porter. While this was tobe in minute detail it could hardly bave been wore bitter than the arraignment Butler has already mude, The capture of New Orleans was the point on which the geveral and the admiral differed to the most extreme personal extent. Butler opened the controversy by alleging that when he, captured New Orleans he had to do it single Fanded and without tho assistance of the navy. He charged that Porter held his Runboats down the river, afrad to come up and take a haud in the fight. To this Porter o Ngnlm\\l hgflnllmflnx that Butler was tho m an who held Back and that the navy did the v eal work of the capture. From this point tho issue censed o be, a8 to the Now O rleans fight, and turned to a bitter personal con flict: bo wween the two distinguished votorans . Butler openly denounced Porter as a coward, Tho latter respouded by bringing up the various stories concerning Butler which have beon afloat for years, Spoons popular ballads, ridiculing Butler, figured in the controvorsy. s closing shot in the controversy was one declaring that he Jeft the fight for a time only, and that he wotild return to it in_his re he proposed to hold ter up to the world in tho light in which be thought he should bo judged. But from the general's brief expression today it fs to be hoped that this bitter foud is at an end, and the reminiscences may omit this inglo. rious chapter. Butler undoubtedly feels that way, for, as the sound of the mufiled drums came to him, ho saia: *Well, let him rost in peace,” SOCKLESS SINPSON'S INTHODUCTION, “Sockloss Simpson,” tho farmer states. man from Medicine Lodwe, is less shy than ho was when he first reached Washington, Today he did not o v & seat in the gallery as he did Saturday last, but he venty down upon the floor and w among the membvers. The scene was ludi in the extreme to all the spectators, must have been annoying to Simpson In- scead of grasping his hand with the fraternal greeting that is at the introduction of A now momber, the representatives gathered around Congressman Jerey with o kind of curious stare which must ve im- vressed him that, as the barbinger of a now school of politics, he was was more of a freak than a meator. During the introduction the Kansas statesman carried smilo and showed up as well, while be ured upon, as the usuul dime musoum froak. When the introduction had ceased he was given a seat on tho democratic side, but it was several minutes before the last of the cu : relaxed their stare and, even after th ssionally somo vagrant congr would indicate the presence of tho Kansas man. At once another pair of astonished s would fasten their gaze uvon him, M. mpson must have been impressed that ho was right when he spoke of the house of rep- resentatives as a body which lacked dignity, OUTLINE OF THE PROGRAMME. As so0n as the pending business is disposed of in the senate and the copyright bill is out of the way, Senator Paddock oxpects to se- cure the speedy completion of the considera- tion of his Indian depredation court bill. Then will follow the Nicaraugua canal which, itis believed, will be finally laid aside as its contemplated appropriation of §100,000,000 will stagger a number of the senators, After this will come up for consideration the *ad- dock pure food bill and the Conger lard bill, MISCELLANEOUS, . Rt. Rev. William Hare of Sioux Falls, 8. D, is at Wormley The funeral of th late Colonel Georgo Cowie of lowa, was largoly attended by friends, Rev. Dr. Hanlin, assisted by Rev. Dr. Bittinger, conducted the services, Tho interment was at Oak Hill. The pall bearers wero as follows: Ix-Governor Stono and Representative and ex-Governor Gear and Representative Lacey of lowa hief Jus- tice Sener of Montana, Mr. William Ballan- tyne, Mr. John Gibson, Colonel Robert Boyd and Mr. G. T, atlee. The Nebraska delogation in congress has recommended Alonzo Demidt, son-in-law of Henry Fontenelle of the Omaha tribe of Tn- dians, for a position in_the office of public prin ter. In the houso today Representative Gifford secured the adoption of an amendment to tho Indian appropriation bill which provides for carrying out the treaty stipulations with the Waplieton and Sisscton 1ndians in South Da- ota. Captain E. C. Parkiuson of Nebraska, special pension examiner on the field, is u the city on a short leave of absence. Charles J. Gould left for Lincoln today. Senator Manderson has favorably reported from the senate military committee the bill appropriating $100,000 for extending and re- pairing Fort Abraham Lincoln, North Dakota, amended 50 as to give the secretary of war discretion us to where ho will apply the up- propriation depending upon the necessities of the ocasion s0as to defend tho Indians Dr. Charles A. Cooper of Perkins county has been recommended for appointment on the pension board at Ogallala. Py 8, Heari, The Indian Appropriations. WasHINGTON, Feb. 17.—Senator Pettigrew today proposed an amendment to the Indian appropriation bill, authorizing the appoint- ment of a commission to negotiate with the Pine Ridge and Rosebud Iudians for tho re- adjustment of the boundary lines betwen the reservations, for the trausfor of the Rosebud Indians to Pine Ridge, and for the location of such of the lower Brule Indians as may de- sire it at Rosebud. He also provosed an amendment for the erection of an Indian in- dustrial school at Chamberlain, S. D, \gland and Free Coinage. —Before the houso committee on coinage today ex-Congressman Warner of Ohio, chairman of the national silver committee, made an argument for froe coinage. Congressman-elect Warner of Now York protested againstadaitionalsilver logis- Iation, Stephen W. Nicholson of Boston said it was untrue that New Kngland was u unit against free coinage and asserted that many people in that scction were in favor of additional silver legislation, Not Blaine's Message. WASHINGTON, Fob. 17.—The Star this even- ing prints a letter from Secretary Blaine re- ferring to a telogram attrivuted to him and suid to have been read at & railway celebra- tion at Fairnaven, Washington, on Saturday. He says he nover beforo heard of the celebra- tion, and tho allegea telegram was neither written or vent by him, Last of' the Appropriations, WASHINGTON, Feb. 17.—The last of the ap- propriation bills on the general deficiency were reported to the house this afternoon. It carries a total of $30,574,305, a lacge part of which §2: 332) is for penSions. For the relief of drouth sufferers in Oklaboma, £0,000 is appropriated, Compte De Paris' Condolences. WasmiNGToN, Feb 17.—General Schofield today received a cablegram from the Compte de Paris expressing grief atthe death of Gen- eral Sherman. N The U, S, government are using large num- bers of the Improved Howe scalos. Bordon & Selleck Co., agents, Chicago, 1l, ikt il Loyal Legion Meeting. MiLTARY OrpER OF TiE LoYAL LEGIos, ComyANDERY OF NEBRASKA, OMalia, Feb, 17, 1891.—An ndjourned mectiug of this com- mandery will bo held at the Millard botel on Wednesday, February 18, 151, at 3 p. m., to complete tho contemplated action regardiug the death of Geuerhl Sherman, The com mander hopes for a full attendauce of com- panies, By order of Honrace Lupix i e 2 Pickled Snow. Savt Lakg, Utah, Fob. 17.—[Special Telo- gram to Tur Bek.|-It snowed hero last night, and the poeuliur feature of the storm was a largequantity of salv which fell with it. The snow melted today and loft the salt on the grouud, at least one-fourth of an inch in thickness, Thosalt was evideatly absorbed from the lake, e Wanted in Kansas. Wisone, Neb, Fob. 17.—[Special Tele- gram to Tu Bee,]—~The sherifl of Franklin county, Kansas, Is hore and caused the ar- rest of H. R. Cole for horse stealing. Colo is wanted at Ottawa, Kan,, where he will bo taken as 5000 as the sLOriff can get a rogulsi- tion for him. N, Recorder, :1‘11; G.cnuing lin,’mrlcd Carlsbud Salt Inative remedy. which allays irritation, and alding nature ana noy Ive dreitation, a8 most the geauino imported Sprude Is analterative and eli dissolves tenacious bil removes obstructions | by sudden and exee FOu LADIES $ho French romedy. tri cure supprossion from whatever cause. wenrtrantlon, “Thase pills should not be tken dvr- 1og .. m. Pl Co., ¢ 1 ouy l’l.. near Omy 7 5P el Comnoll 1 As a Rule, It is best not o attempt to reme ness by tho s line or drast PUrgse Wlien # eath medielne is needed, most prapt and beneficial is Ayer's Lills, The effect is to restore the regular action of Jhe bowels, without wenkening them. Being sugar-coated, these Pills rotain their redicinal virtues for a long time, and Wre casy 1o take, “Iean recommend Ayor's Pitls above all others, having long proved their valuo as a cathartic for myself and family.”~J. T. Hess, Leithsville, 1 “In 1858, by the tihe uso of Ayer's dvico of a friend, T hogan Is as o x lousness, constipation, high fevers, and colds, They served me better than any- ng T had previonsly tried, and 1 have used them in attacks of that sort ever siue H. W. Hersh, Judsonta, Ark, f Ayer’s Pills, DR.J. 0. AYER & CO,, Lowell, Nase, Sold by ull Dealers in Medicine __ANMU IMENTS BOYDYS. ; I IVII.V l"i.‘} N1 OGNy, February 16 WM, GILLITBIS' S BEAUTIFUL COMEDY, ONEDY Private Secretar! (NEW,) "D YOUKNOW Revised and ro-written. Rondered by tie bosk o o < (o CAmo s o ) regular pric: TUREE NIGHTS AND SATUR= BOYD'S. L COMTNEIY, Rab. 19 THIRD YIRAR OF The Two Sisters By the authors of i L and undog the manngene ) pson and Geo. PRESS AND PUBLIC RECOMMEND IT. “The Two Sisters” will do the | rnee good, A s, of funy 5. 1tis not loud but olution 1n dramaticiworkmans nie We nesday at regular pricos. PEOPLE'S THEATER. Wednesday and 1 hu[s(la_\',r Feb, 18 & 19, DUNCAN CLARK’S Monster Combination ——AND— Female Minstrels A Performance by Lad'es Only. Prices Seh c and 500 THE GRAND-Special, ONE N1GIT ONLY. SATURDAY, FEB, 22. ~THE GREAT AND ONLY— PAT ROONRKY Who appears in the most pleasing and comical { all plny 3.7 Prico 35, 69 an: PATNEW WARDKOBR. d 76, Box yeats 3l Box seats open a. m. Saturday. DIME EDEN MUSEE. Will Lawlor, Manager. Cor. 1ith and Farnam WEKK OF FEBRUARY 1ith. modern Hercules, lif pounds in Famous [thinehart Family in the Lowonda, eth al cor e Doll's 1gs. sparkl| Bill Jones. o Irish ¢ One Dime A n, Fua i 1o All. BULLDERS OF—— First Class Carriages. The Loading Styles. 'The Lowest Prices. YOUR PATRONAC OLICITED. T SANDALWOOD CAPSULES aro the bestana only capulos proseribod iy regular physiclans for the ¢ d dischurges Trom the urinary organs, or nequired. $1.50 per box. ALl druggists. O0D RESTORED ] “SANATIVO,” the dorful Spantih T 1y, 18 sold witha WrittenGuarantes o cure u s i, cans, ouch a8 Weak Memory, Loss of Brein Powenilcadache, ‘Wakefulness, Lost Man: hood, Nervousuess, Las- situde, all drains’ and elther over-excrtion, youthful indescretion use of tobacca, opiuin, or simulants, which Jead to Infirmity, Consumption, and Lusanity. ¥ i convenient form to carty in the vest pocket, package, or 6 for . With e order we givo awritten fuarantee to cure oF refund the Imoney, Seat by mail to dny ddress. CLrcur gree. Hention this papcr. Add EMICAL CO,, ranch Ofes for 0, 8. A, HICAGO, TLL 1A, NEB, BY XH(HI & Douglas Sts. PORSAR Kuhn & Co., Cor, 15t J A, Fuller & ¢ A ¥ To eure Blliousness. Sick Hendacho, Constipation, Maloria. Liver Complnints, take the safo and certaln remedy, SMITH'S BILE BEAN Use the SMALL SIZE (40 1ittle boans to tho bote tle). They are tho most convenlent: sult all ages. Pricoof either size, 25 cents per botue. KISSI at 7. 17 70: Photo-gra: 9 "&;x:_nmulmm tor NEBRASKA National Bank U. 8. DEPOSITORY, OMAHA, NEB Capital, - - - - $400,000 Surplus Jan, 1st, 1800, - 62,500 Officers and Director Towls 5. lteud, Vi V. Morse, ol 8. Collins, Pateick, W. 1L 8. Hughos, cashier. THE IRON BANK, Corner 12th aud Farnam Sts A General Bankint Business Transactol JOSEPH BILLOTT'S STEEL PENS. GOLD MEDAL, PARIS EXPOSITION, 1880, THE MOST VERFECT OF PENS,