Omaha Daily Bee Newspaper, May 17, 1891, Page 5

4 ~ THE OMAHA DAILY BEE: SUNDAY, MAY 1 7. 801 'WENTY P’AGES J SIMPLY PRINTED THE NEWS. No M se in The Bee's Publications Cou- serning Linton J. Usher, ARGUMENTS PRESENTED TO THE JUF Newspapers € Ve Prohibited from Printing News Obtained from Reliable The Judge's Charge, ot Sources— In making his argument for the defeass in the casc of L. J. Usher vs. Tue Bem in the federal conrt yesterday Mr. John L. Web- ster spolce substanti follows The case presonted for your consideration, gentlemen of the jury, is fraught with peculiarities, I can safely say that twenty years of practice 1 never handling of one of so much The story detailed by Floretta which has been made action for damages, i3 one tricacy and perplexing m of the plaintift, too, is pe . The fact pre sents itself that he stands fharged with some things that are strange and astonisting not Insisting on his inn ny after marvelous i y. The action and he asks for a vindication of character in so many dollars and cents, Ho shields himself behind tue presumption of the law, that a man is iuno ty. This kind ber rh r but b oent uutil gu 1ows 0 u ti prov m, intrammeled + did not seck way, of it. We do not come he the probability of the truth of this story entiticd to consideration the case wher The complaint published these full knowledge 1 were falso, that they fously and with the damage Mr. [Usher. 1 for an inquir © as prosecutors, but 15 take we will he himself put it. alioges that Tne Brer articles with the the facts they embodied were published malic: purpose to injure and We say simply that the o channels where to be gath- asounble cause 10 d that there was no injure or damage Mr. simply ou a general de- nial, and circumstances in mitigation of dam. ages for the mere publication of the articles. but Usher’s guilt or innocence stands with out proof or disproof, and the jury must draw such conclusions as it sees proper. The story was one caleulited to convince the most incredulous when told. 1 care not who it was who gathered the information, drop- ping from the lips of a woman, running back through years und weaving in its body the peculiarities that were touched upon. It was & story that could not have been thrown asid e until proved, and there was ample jus- tification in giving it to the public. 1t was first told to the policeman, then the woman is taken before the chief, who was so im- truthful iuformatio ered, and thut there was pelieve in their truth, urpose whatever to Usher. Wo stand pressed with its serious character, that he sends immediately for the county attorney, that he might be ‘brought into consultation upon the necessities apparent. It took the county attorney more than a half hour to hear Floreita Russell's story, he'sa skilled la w- yer, a truined prosecutor of criminal cases, and =0 convinced was he of its truthfulness that he makes no delay in drafting the infor. mation charging robbery. When the chief of police sud the county altorney were so con- vinced of the reliability of this story that they felt Justified in stretching out the strong arm of the law to arrest this supposed crim- fnal, 1t 18 not probable that you will say that Tue Ber should have disbelieved what these high ofticials deemed true-that Tne Ber should bave stamped it as a fabrication and an untruth, Long before the articles appearod in the ress criminal compiaint was filed in the po- fco court. It detailed the churges against Usher of robbery in accordance with the woran's story. Floretta Russell went before the police judge and under oath declared tho facts set forth in the aflidavit as the truth. Tue Ber not only had the story as de- tailed by Officer Haze to the chief of police and county attorney, but last and above all, the testimony of this woman that this crime bad taken place, Look at the story from another standpoint, and see what the impression will be upon your minds. Put yourself in the position of & newsgatherer, and listeu to the story as it emanates from the official sources, wouldn’t ¥ou believe there was good foundation for it? Mark when it begins, back ten years ago, 1o Kansas, where Usher lives. Floretta tells you of Usher & Harvey's cattie transactions with a graphicness of detail 1shall not at- tempt here. Is it mot conceded to b6 the truth?! She tells of her con- mnection with them, of the mysterious death of the young man, said to ave been marderod by poisioning, of Har- vey's subsequent adversity and suicide. Then the confession made by Usher and its closeness to the story by Russell, as told the roporter. Her story of the agreement be- tween herself and Usher, that he, to purchase her silence, was to give her a certificate of deposit for§10,000,Ipayable one year later, hor acceptance, her subsequent life in want ‘and misery at Kausas City, how sie was watched and dogged,not only there, but on her journey to this cit, How she was approached while on her way to the bauk in this city by u stranger, who called her by name, then snatched her handsatchel containing the cer- tificate, and fied. How she applied to the ypolice, and at noon of same day saw Usher and another stranger take a back at the Mil lard and how County Attorney Mahony hur- riedly drew up his information in order that the criminal should not escape. Now Usher comes here in an action of this kind, shielding himself under the protection of the iaw, which presumes his innocence. Remember not one word goes to this jury that says that this story is not true. And this petition for damages, gentlemen, is an vasion of that question. 1s it Usher's name tached to these allegations, 1s it Usher who swears to these averments!--no indeed, but the name of his lawyer, A. C. Troup, and it $s A C. Troup who swears fo the #uth of these averments. He didn't take much time to filo the pa- pers in this suit. Two days, only two days, after this story had been detailed to the reporter, Mr. Troup rushes forw charges Tur Oyvana Ber with ma slandering his client, s man whom never before this time laid eyes upon. Mr. Webster then read the articles pub- lishea in Tie BEe on the morning of July 16, sbowing that not a single word haa been said about this man Usher, that his name no- where appeared, but instead the name orig- inally given, that of John L. Rush, and not Lincoln J. Usher. There 1s no similarity even in the two names, but instead of thut, * there was a John L. Rush in this city, a pre inent citizen and oftice holder, and” the peo- ple did not connect him with this crime, then why Usher! Tne Bre had never heard at that time of Lincoln J. Usher; dian't know that such a precious being graced the face of the earth, but he takes to himseif what was charged against another, The first time his name was de- oped was in the publication of complaint flled 1 the police court was no further recital of what these of- fenses were. But what did Tir Bes do? It then immediately sent a telegram to Kansas City to find out’ who Lincoln J. Usher was, wall honesty and fairness toward a man who might have been injured by alleged con- he had W nection with @ crime, ‘and on July 18 Tux Bre publishes bis side of the story in his full vindication. Then thers is this woman, Florett Kussell, the fountain head from which all this impure water flowed. She walked these streets free and unmolestod, and Usher never once raises his bands agaiust her, never once sceks redress at her hands, committed perjury in her story to the police and county authorities, yet he comes here and asks for 0,000 damages agmnst Ti After that there | 1 1 had the strangeness Russcl!, and the subject of this of i | never once declares that she | | mating the damages, to consider the mental Onana Ber, und Mr. Rosewater had offered | every reparation, offered them space to rebut all that had been said, and even offered to write a column in vindication hrmself if the material for vindication was offered him. When the other side comes to argue this case they will probably tell you of Usher's being & son of a member of Lincoln's cabinet, in fact the last of a great family. This tracing of ancestry reminds me of a little story of & couple of California horse- men, who were expatiating upon the merits of their fiyers. One of thew traced his luu'«h back through an almost interminable iney er vet, iuto England in the days of eorge 11, glving sire and dam, snd dam and sire with precision of truth itself. When be bad finished, the other horseman asked - back to the days of the colonies, and | him how far back he could trace own family, and he couldu't go beyond his grandfathier—showing that with him the animal predominated over the man. Ushler, he wants damages because he was the son of an illustrious sire, not the re-establishment of his own good char. acter, not the bonorable vindication he might nave possibly obtained througl the gener- osity of Mr. liosewater and his paper, but the solace of money, that's the vindication Usher wants, money! Now you ure not bere to de- fena any m stry. Wo are American I's an eitizens, without tithe or title to nobility, but man to man, one enjoying the same rights and prerogatives as the other, notwithstand- i bis birth, whetherit be of bigh or low degree. And so it matters not whether this wau descended from the palace of nobili or the hovel of poverty, hie stands o his o botton, and must be dealt with strictly ac- iug to bis individual deserts. Remem- you ure here to protect the Omaha Bry fromi the venal assault this man makes upon it is not here to speculate on his repatation, and yet he throws it into the balanco as proof of damages and to add to the magni- wde of your verdict. Not ooly has h brought his ancestry into this case but he appeals to the name of his good father aud aged mother and throws them into the con- test, as the speculator takes bis money to gumble on the board of trade. In courts of justice we tread tities azd rank into the dust None hiere would do more than your speaker 10 add any wreath to the glory and fame of Lincoln and his cabinet. But here we deal with American citizenship aud i dividuals alone. The man _may live in a humt cottage. The rain man trickle the shattered rcof. 1 winds may blow the broken windows, the heat or 1 may make entrance around the old and dcerepit door, nevertheless it is the home of aman. When he appeals to this court the grace vonder bench him the like protection and no Judges whose presence will extend less thau shall be accorded the man who | dwells i o palace or prides himself in o titled ancestry. 1s it vindication vou want! Vindication of what! Your character and your reputation ! 1f 50 why did you shun the offer of Rose. ter to publish any vindication you wanted True ¥indication is in proving innocence of crime, yet you bring o law suit in such form that vour g ! or inuocence canuot be in- quired into. The way was open to you. A erimin iplaint had been filed aiainst you. Floretta Kussell haa sigoed that erimi nal complamt. She had raised her hand up- ward toward the heavens and sworn in the preserce of her Goa that the criminal charge was true. The complaint was theu lodged i a court. A warrant was issued by the judge. The officers’of the law were in search of you. You avoided the ar rest by remuining in the state of Kausas When' a requisition was out for you, you still did not surrender. Possessed of full’ kuowt edge of these proceedings you failed o wel come or surreid the summons of the law. If you were honest in your desire for a vindication of your character why did you not flee to the court of criminal jurisdiction and © your accuscrs and prove your innocence the chaunels that wero open to you! ou in Floretta Russell yet lives in Omaha, yet have not faced that woman on this charge. The law was open to you to punish her if sho slandered you, vet you do not, If she com- mitted perjury you had your remedy, yet you improved it not. You come here only under the protection of this court as a witness in your own suit to recover damages for the publication of a criminal complaint which you have not the courage to meet Gentlemen of the jury, well may it be true that Rosewater does not know whether this mun be innocent or not. We give him the presumption of innocence that the law throws atout as a beneficent shadow and rely upen our honesty of purpose and as faithful historians of current news in pub- lishing the information that was gatbered in the channels and from the sources whence comes the secrets and records of public crimes. The name of | Edward vRosewater is o synonym tor encrgy. He is a Napoleon in pluck and endurance. His pen is an enemy 1o corruption in local government. The venal 1u high and low places shun his displeasure, The cowardly are afraid to face his courage. When almost a boy he came to Omaha poor in purse, but proud in spirit. He has l{«[n pace with the growth of the city and ex- panded in thought and mental grasp, with the oxtended development of the state. The Owana Bk, atits first adventure in the fiela of journalism, was a little sheet that hovered about in uncertainty as to its infiu- ence or duration. It was the magic hand of Rosewater that maae it develon. He deter- mined that it had been born not to die, but to live, We remember it when issued from a little printing house that an enemy burned to destroy it, but phoeuix like, it arose from the ashes. Toasy we see it issued from that magnificent palace ou the bill. From its humble beginuing it has gone on until it be- came established in the largest newspaper building in the world, ‘Three huudred men and women and boys there find employment. Six hundred agents and_correspondents belong to its corps of workers, Two hundred thousand dollars in wages are paid out by it aunnally. 1ts value 1o the community in financial work 1s a rival to the banks and manufacturers. It bas surpassed in circulation and influence newspapers of Kansas City, St. Joseph, St. Paul, Minneapolis and Denver. The states of Kansws, lowa, Indi- ana, Wisconsin, Minaesota and Colorado do not' furnish its equal. It surpasses every newspaper published in the soutnern states, with the single exception of the Louisville Courier-Journal. It is today the great- est newspaper between Chicago and San Francisco. Of the 20,000 newspa- ors and periodicals published in the nited States and Canada only sixty are its equal or superior. Its 26,000 daily “circula- tion, speaks to over 60,000 people from New York to the Pacific ocean. Its vast develop- ment, having reached almost mouumental grandeur, is the work of Edward Rosewater wnd his corps of assistants, moved and coutrolled by his energy and ability, Such is Edward Rosewater, against whom this jury is asked to render a verdict. Such | is the editor and proprietor of Tne Owsaua Bre, whom this plaintiff asks you to punish by damages to vindicate the plaintiffs repu tation. The bistory, the career, the euergy, the ability and the manly courage of Kdward Rosewateris a stronger appeal 1o you to do him justice than any appeal that L, ‘as an bum- ble lawyer, can make 10 his aefense. The Judge's Charge, The following is Judge Dundy’s charge to the jury: You are instructed by the court that no newspaper has any right to trifie with the reputation of any citizen, or by carciessness to injure his good name and fame or busi- ness: and the reporter of a newspaper has no more right to collect the stories on the street or even to gather information from policemen or magistrates out of court about a citizen and to his detriment, and puolish such stories and information as facts i 4 newspaper than has & person not connected with a newspaper to whisper from ear toear the gossip and scaudal of the street. You are further instructed that if, from the evidence in this case and the instructions of the court, you believe that the plaintiff is entitled to recover herein, then you should, in estimating the damages to which he is entitled, consider the defama- tory words themselves, the age and condition of iho plaintiff, his mental suffering, 1f auy be proved, caused thercby, and the {njury, if auy be proved, to the claracter and reputa- y the court tion of the plainuff caused by such defama- tory words, and you should fiud your verdict accordingly, not exceeding in wmouut the sum claim You are further instructed by the court that if you believe from ail the evidence in this case and the instructions of the court that the plaintiff is entitled to recover berein, then, in estimating the plaintiff's damages, you will uot be restricted to the meutal sufferiug of the plaiutiff. if anv be proved, or the iujury, if any be proved, to his character or reputation caused thereby prior to the bringwg of this suit; ut you have the right in such case, it esti- suffering of the plaiutiff, if any be proved, or the injury, if any be proved, to his character Or repurtation caused thereby durirg his en- tire life, prolonged during the usual period of expoctation, according 1o the ordinary ex- perience, und theso damages, if proven, should be assessed against the defendant without auy reduction on account of the want of malice, if proved, of the defendaut i pub- lishing said articles. If the wrcng was actually done to the plaintiff by the publication of the articles in question it woula be wholly immaterial so far s his right to recover for the actual damage 18 coucerned, whether or not the publication was doue through malicious motives, Lf the puolication was wrongful, however, and if the plaintif was actually dam- So with | | aged thereby in his feelings or bis reputation, whether or wnot the party | ck his | who pubiished the article, or the papor that pubiished it, it is wholly immaterial whether or not it was maliciously done so far as the actual damages are concerned. But to go farther, 1 will say that if the publication was wrongful, and it was maliciously done, then you might go farther and punish the wrong: oer for the wrong done to the injured party The court instructs rou that if ‘you believe from the evidence in’ this case that the de- fendant published of and concerning the plaintift the articles sued upon, and that the plaintiff suffered mental pain and was injured in his character or reputation by said pub- lication then and in that case spch mental poin _ard suffering and such injury to plaintiff’s character or reputation are actual damages, and cannot be reducel or mitigated by proof that the defendant pubiished said articles in ¢ood faith and without any malice toward plaintiffl. That should be taken in connection with the other instructions, and when that is done both are moderately plain The court instructs you that it is not nec- essary to render an act malicious that the party be actuated by a feeling of hatred or ill wili toward the individual, or that he en- tertain and pursue any general bad purpose or design. On the contrary, he may be actusted by a general good purpose, and have real and sincere de- sign to bring about a reformation of mutters: but if in pursuing that design he wilfully inflicts a wrong on others, which is not warranted by iaw, such act is malie- 1ous. That is, if they wilfuily do the injury 1o the person who complains of the wrong, then the responsibility attaches. The jury are instructed that to prove that the publication of the articles in question by the defendant was malicious, it is not neces- sary for the plaintiff to show that the defendant had o persoual ill-will or hatred toward plaintiff; but the court instructs you that even 1f you believe from the evidence that the defendant and its officers were entirely unacquainted with plaintiff at the time of the publicatiou of the articles in question, yet, if you further believe from the evidence in this case that the (efendant pub- lished said articles recklessly and without using any reasonable endeavor to verify the same, or to ascertain whether the statements contained in said articles were true, and published the same without any reason- able regard for the rights of plaintift then you have a right to infer that the puvli cation of said articles by defendaut was ma- licious in law 1 propose to explain that. was no testimony at all outside of the publi- cation of the articles themselves to shov’ that the defendant or its agents or representatives acted in good faith, in doing what was done Now, if there in this particular instance, then the jur might probably iufer that the pub- lication ~ was malicious iu its char- acter. That is, il there was no testimony at all that explained the motives and gave the reasons for gathering the in- formation and securing it in the manner in which it was done, and publishing it in the paper, then you might infer that it was ma- liciously doue. But there is evidence here that shows or tends to show the very facts connected with the inception of the proceed ings, how the information was obtained, what steps were taken to get it, the ofticers applied who ofticiully furuished the in- formation sought, and all about it, you are to say whether or not the defendant 1n pub- lishing the article in question used due dili- gence iu procuring the information and veri- fying the reports published. I want to go further and say: You heard the question of privileged communication dis- assed during the prorress of the trial. 1t is well understood what is meant by privileged communication : & paper may publish, and be justified in publishing such information, even though it be slanderous. Where the proceed- ings take place in open court, us they have taken place here, that everything that is said and aone in connection with the prosecution from beginning to end is a privileged matter, and a newspaper may properly puvlish it. A newspaper has the right to do it, where the public nave a right to be present to hear what is said, and anybody that wants to know or has a curiosity to know about what takes place in @ court of justice may know it. Here was tbe information veritied by the oath of the accusor kept in the office of the police judge, and its con- tents were commuuicated to some of the police officers, & warrant was issued, and placed in the hands of an ofticer; the tes- timony seems to show that. You know for yourselves what the facts were as shown by the proof. But where other information ex- isted, where an informaiion was made before the county attorney, as is claimed to have been in this instance before Mr. Mahoney, who represented the county as county attor- ney, and whose business it was to proceed against the party, where the information is laid bifore him and be iuterests himself enough to prepare an information, and be has the party o go before the officer and verifies it on her oath, placed it in the hands of the police judge for the purpose of having him ue a warraut thereon, and the warrant is issued: is placed in the hands of the police ofticer ani after that is doue it is claimed that Tue Bee, or the officers representing Tur Beg, procured this {nformation from the sources stated. Now when that source of information is opened up would ot an_ordinarily prudent and reason- avle man have redson to believe the truth of the matters that are there! If not, why then Tue Ber wguld not be justi- fied in’ printing or believing it to b true; and if the facts and circumstances of disclos- ing tho information to the parties who repre- sented Tie Bek, and who prepared and pub- lished these articles, if they were such as to induce a reasonably prudent man to believe that they were true, then they effectually rebut the presump- tion of malice. You must inquire finally, whether or not the sources of iu- formation being opened to the parties repre. senting Tue BEE (as they were) they pro- cured the information and believed it to be true. Ifso that rebuts the presumption of walice. If that be true no punishmeut ought to be infheted upon Tuk BEE or its repre- sentatives because of any claim there may be made heroe that it was maliciously done. ‘The court instructs you that if you believe from the evidence in this case that the feadaut published of and concerning plain- tiff the articl complaimed of herein, and that plaintiff was injured thereby, ana if you further believe from the evidence that'the defendant in publishing said article was actuated by malice or il will towards said plaintiff, thew aud in that case you may as- sess in your verdict against the defendant, iu addition to suchactual dumages, if any, sus- tained by plaintiff by reason of such public tion, exemplary or puonitive damages, and you are instructed that in determinng the guestion whetner defendunt in publishing said articles was actuated by malice, you have u right to eonsider all the facts in evi- dence concerning such publication; aud you havea right to infer the existence of malice from the absence of probable cause, if proved, for making such publication, or from @ want of care, if proved, or negiigence, if proved. 1 the verifying of the statements in said articles or in the attempts to ascertain the truth thereof. ‘I'he jury are instructed that the fact, is proven, that Kdwad Rosewater, the editor of THE OMAns Dainy Bee, was absent irom the city of Omaha at the time the articles were published in said paper, is no defehse to this action and does not relieve defendant from its liability, if auy, to plaintiff vecause of such publications. For the purpose of proving, so far as can be done, by positive proof, or by any witness who might be placed on the stana that no malice existed; placing Mr, Rosewater on the stand, is for the purpose of showing that he was out of the city when the paper contain- ing the libel was published, and did not kuow anything about the plaintiff in this suit, thai he was a stranger to him. ['his 1s done simply to rebut any testimony that migot €Xist o show that there was any malicious iutent or motive on the part of anybody cou- nected with the paper, so far as he was con- cerned. Then aguin, Hunter, the parly under whose direction the articles were pre- pared, as cluimed, was placed on the witness stand and he was asked the same thing, and he claimed he did not kuow anything about the plaintiff, aud there coulda be no malicious motive towards him S0 far as he was concerned. So on, through the catalogue. Take all the testimony together, exawine the motives of the parties controlling the paper for this purpose, of showing whetder or not they haa any maliciods intent or bad motives towards the plaintiti in publishing these articles, 1f you find for the plaintiff at all you have Rot to find what damage Le has sustained and bow be has sustaived them, Take into consideration the fact that he is young, the fact that he is liable to live much longer than if he were sixty or seventy years of age, the amouut of physical and mental agony that might result from the publication of such an article, whether or not he has been injured by those who have seen and read and know anything about the articles in question, and if 50, what is the extent of the iujury that he has sustained in con- sequence of the bad impression made ou tue neighbors, fricnds and acquaint- | | | | ances, and that straiers may have formed of his character by \the articles in question ! All that is to be considered, and it is that which is to maks ub"'his actual damages. Now, the question arimes, how are you going to do that! Idon’t knpw. There is no way that you can measure it in the shape of doi- iars and cents. You must take into consid eration ali the facts and circumstances relat ing to the damage he Lns actually sustained 1f his neighbors and Acquaintances who read the paper did not belleve a word of it, as far as they were concersed his reputation would not be much itjured. But if the people geuerally around the country, and the neighbors believef so, that his prosence would be distasteful.and repulsive to them or apart thereof, that may be properly con- sidered. That the plAintiff is the son of the distinguished John P, Usher, who was 1n the cabinet of President Lincoln, makos no dif- ference. This plaintiff must stand o1 his own merits. He _must recover on his own reputation if he docs it at all, He stauds no higher here, aud is entitled to no more consideration than if his father was not a prominent man. Linton J. Usher stands here with his character un- blemished $0 far a8 we know, unless blem ished by these articles, and you must treat him the same as any other son of any other father. The burden of the proofison the plaintift to show that he has been damagea, and he must show it by & preronderance of proof. What I mean by a preponderance of proof is proof that is stronger, better, more convine- ing and therefore more reliable thau that pro- duced in opposition thereto. Has the plaintiff produced testimony to so satisfy you! Is the preponderance of proof in his favor that satisfics you that he has been damaged! If 80, theu find accordingly. Then you must find a verdict in his tavor to the extent of the injury that has been in- flictod on_him by the alleged publication of these articles. At 9 o'clock last night the jury returned a ed verdict, which will be receivea by Judge Dundy at the opening of court tomor- TOW morning. . V— WORLID'S FAIR MATTER Thomas Edison Advocates Cheap Ad- mission and Si w1cA60 OFrice oF Tre Brr, | Cricaco, May 16, { Before leaving for New York yesterday Thomas A. Edison conferred with some of the world's fair directors in several matters. He argued for 25 cents admission and opening of the fair on Sunda; —the latter for the reason that theusands of laboring people must go on Sun- day or not at all. The oficials were im- pressed with the argument for 25 cents ad- mission aud tue matter will be laid before the directory. World's fair labor matters aro much nearer a solution than they were before the confer- ence meeting last uight. While no action was taken on the question at issue. It is understood that they will accede to the de- mands of oreanized labor. The directors listened to arguments by the lavor leaders for the fixing of a minimum basis of wages and finally concluded to hear members of the builders’ exchanee ou the subject next week. The opinion of several directors is that the minimum rate will be conceded. CHICAGO B & O, TERMINALS, The Baltimore & Ohio road has finally set- tled the question of terminals in Chicrgo and will erect a magnificent passenger depot at Harrison and Halsteadl strects. At that point it is suid the rairoad company already has purchased nearly anentive block of land. The various pluns for torminal facilities which have been mentioned in the past have been entirely changed. Tne Chicago & Calumet terminal road right of way wili be used as far northwest as the junction 1t makes with the Chicago Ceneral'roud at Blue Isiand. At that pointthe right of way of the latter is taken up and follpwed aircctly north to the line of the "belt line, where the road continues along the t side of the Pan Handle line, crossing it at Thirty- ninth street and coming down over a new right of way to the ‘depot at Halsted and Harrison. Ever simoe the Chicago Central rond was started it bus been uncertain who was building it. Tt was supposed that the Northern Pacific was behind the project, but it has now become known that the Balti- more’ & Ohio people are the real ones inter- ested. WANTS A DIVORCE. Mrs. Velma R. Coombs today applied for a divorce from her husband, Charles F. Coombs of Omaha, od the ground of deser- tion. Tho decree will be granted. WESTERN PEOPLE IN CHICAGO. Among the western people in Chicago to- day are the following: At the Palmer—Mr. and Mrs. G. E. Moin, Waterloo, In.: T. Riegchman, Des Moiues. At the Auditorium—George W. Omaha. At the Grand Pacific—E. E. Omaha: Mr. and Mrs, D. A. Siegfried, Falls, 8. D.: H. F. Batcheller, Miles City, Mont. At the Sherman—T. A. Carpenter, Des Moiues, Ia.; C. A. Penfield, Fremont, Neb. . A. ATKINSON. e TIMBER RESERVATIONS, Circular Letter of Instructions Special Agents, WasiiNaron, May 16.—A circular letter of instructions to speciul ageuts, relating to timber reservations, was today promulgated from the general land office. After quoting Section 24 of the general landfact of March 3, 1591, the circular says: “To carry into ef- fect certain provisions it becomes importantto rescrve all public lands bearing forests or covered with timber or undergrowth on which the timber is not absolutely required for the legitimate use and necessities of the residences of the state or territory in which the lands are situated or for the promotion of settlement or development of the natural re- sources of the section of the state or tervitory in the immediate vicinity of the particular lands iu question. In so doing it fis of first importance to reserve all public lands in mountainous and other regions which are covered with timber or undergrowth at the headwaters of rivers and along the banks of streams, creeks and ravines where such tim- ber or uudergrowth is the weans provided by nature to absorb and check the mountain wrrents and to preveut tue sudden and rapid melting of the winter's suow and the resultant inundation of the valley below, which destroy the agricultural and pasturage interests of the communities and settlements in the lower portions of the coun- try. For the purpose of securing the neces- sary data upon which to base recommenda- tions for such forest reservations, the com- missioner gives full and explicit instructions. A summary of these instructions are to the of- fect thut special agents, upon being detailed 1o secure the data in Guestion, are required to proceed without pudue delay to make in the districts assigned them a thorough and careful personal ex#mination of the public lands bearing forests or covered with timber and undergrowth and ascertain by personal observation and by {nterviews with govern- ment ana state offidias in the vicinity of such lands and with eitizens who have an interest in the public welfare of all facts pointing to thé value of d forests or umber Isnds for all uses, purposes and requirements, avd to promptly report upon the same to the general land office. Befere subnritfing his report, but after makiog an exagsination of the timber lands of any drainage basio, and having de- cided to recowmend the same for resorva tion, the ugeut is réquired to vublish a no- tice of his intention jn order thatany per- sous interested may be heard upon the sub- jects. It is a well known fact that Secretary Noble and Commissiencr Carter are very much in earnest to preserve the forests of the west, and every effort will be made to speedily carry out in a liberal spirit the pro- visions of the act of March 3, 1801, which re- lates to this subject. Itis not yet decided how many agents will bo assigned to this special work, but it is believea that all who can be spared will be ordered to begin at once. to Had a Prush with Outlaws, Wiciita, Kan., May 16.—A report received trom Norman, Oklahoma, savs that a scout from the interior of the Choctaw uation re- DOrts @ brush last night between a posse of deputy United States marshals sud o gaug supposed o be the Dalton brothers and their fellow outlaws, who held up and robbed the Santa Fe train near Wharton, 1. T, Satur- day. The oficers surprised the outlaws' camp aud after the interchange of shots the robbers mounted their horses and escaped in the darkness, leaving their camp equipments bebind. b el Omaha's New Advertising Agency Will Begin Operations on Monday Morning. GEORGE ©, BEMIS FOR SECRETARY. List of Officers, ory Board-Some Opinions Weight and Value - Encours aging Outlook, Directors and Advise of The Omaha Real Estate O tion has completed its organization now ready for the active prosecu work before it Mr. George 1. Bemis hias boeu chosen retary of the association and rooms h been secured on the second Hoor of the New York Life building. Commencing on Mon day morning the rooms will ba open from $ a. m. to6p. m. daily The heaviest property owners | are members of the assceiation pected that great good will resuit united efforts in directions officers and advisory board tion. The members ropresent 000 worth of Omaba realt with such an interest their efforts for the the city's interests, The object of the association is to coucen trate the forces at its command in au effort 10 work out gencral good for the ity and the peopie in the way of sccuring tue location of the ¢ aud it is ex- ' their plann by the of tho associa. fully &1,000, and they feel that they general a should aucement of unite additional manufactories, the advertising of the city, the plauuing for a gencral system of public improvement satisfactory and equits ble to the owners, the election of good men to oftice, the reduction of tuxes and the mor cqual distribution of the burden thereof, to look after the voting of bouds, the disposi tion of franchises, the enactment of wise and reasouable real estate laws, the cucourage: meut ana_ protection of labor and the weueral | advancement of all the interests of the city, as well as citizens. With dn organization of this kind Omaus 1s equipped for any emergency; greater conti daence will be inspired at home as well away from home: money will pour in as investors look upon such an organiz as a guarantee of safety d an_assurance protection. Itis belicved that not less than fifteen thousand owners will willingly become m bers of an organization of this kind and fre contribute to its support. The expenses will be very light, especially on the poorer class of owtiers, while those who are more able will doubtless be willing to contribute more liveraily. ~All, however, should come iu the same footing, as men and infiuence needed instead of large amouats of mon “The officers of the association are: ( H. Boggs, president: John T president; Geor on are rice Cathers, vice sceretary ; di rectors: George George P’. Bemis, J.S. Gibson, W. 5. Povpleton, Georee H Bogps, A. L. Reed, Jobn T. Cathers, Jeft W Bedford, Erastus Benson, C. IR t, St A D. Balcombe, W. J. O'Donohoe, The members of the advisory board are Herman Kountze, Joseph H. Millard, C. W Hamilton, Max Meyer, H. W, L Meciague, Henry Bolln, O. M. Carter, Aivin Saunders, J. J. Brown, John A. Creighton, William A. Paxton, Samuel E. Rogers, W Kendall, A. J. Simpson, Guy C. Bur ton, George B. Lake, James Creighton, John A.~ Horbach. James E. Boyd, L. W. Hill, A.J. Poppieton, K. Kosewaier, C.S. Chase, G. M. Hitchéuck, George L. Miller, F. Krug, sr, F. Meiz, sr, R. N Withnell, Byron Keed, Charles Turner, A. J. Hanreom, C. J. Karbach, J. B. Kitchen, S. D. Mercer, Benjamin Smith, L. S. Reed, James M. Woolworth, J. ' B. Finlay, Heory Pundt, A. P. Wood, James Forsyth, Clement Chase, Georgo W, Lininger, War: ren Switzler, Cadet Taylor, Chris Hartman, Jobu B. Evans, C. C. George, W. J. Counell, A moeting of ' the ofticers and members of the udvisory board will be held at the asso- ciation rooms at 4 p. m. on Tuesday, whoen a general plan of action will be decided upon. The time is ripe for an effort to piace Omaha’s advantages before the mouey hol ers of the world and the ofticers of the asso- ciation feel that steps lookiug to this end stould be taken at ouce. Owalia is eetting o good deal of gratuitous and bencficial adver- tising just at present from sources that com- mand universal attention. The Philadelphia Press iu a recent issue says: “The other day, with a group of dis- tinguished railw men about him, Mr. Depew put his finger on the dot which repre- sented Omaha ou the map, and, speak- ing with great seriousness and eurnestiioss, he declared that bere was about to be the center of the Ataerican business empire—tho center from which should flow the pros- perity, colossal and magnificent, beyond the dream of any imagination, which awaited the people of ‘tne United States in the life time of many of those Who are even now past their majority, President Harrison, in his address Wednesday, paid the' following highly com- plimentary tribute to Owaha's greatness These mighty structures dedicated to co merce, these majestic churches lifting their spires’ toward heaven, these many school houses consecrated to teaching those who shall in the future stand iv our places and ssume the responsibility of vour pub- lic institutions, these great stockyards where the meat is produced which is raised by the great Missouri valley, these thousands of happy and comfortable hom all characterize your great city. It is a_mar. vel, a tribute to the power and ‘enterprise of the Awgerican people, and is unsurpassed by any city in the United Statos," Secretary Rusk and Postmastor General Wanamaker also aaded their tribe utes, Mr. Rusk said: “Nebraska is decidedly the sweetest state in the union,”” and Mr. Wanamaker said: “In my opinion, Omaba_has more business en- ergy to the square inch than any other city in the United States,’ To take due advantage of the favorable impressions caused by such complimentary aud voluntary tributes as these is one of the ovjects of the Real Estate Owuers' associa- tion. on ——— DR, BRIGGS DEFENDED, Manifesto from the ulty of Uni Theological Seminary. New York, May 16,—-Concerning the ai cussion of Rev. Dr. Briggs of the Union theological seminary, the faculty of that in- stitution today issued a manifesto in which the following varagraph occurs: “After years of familiar acquaintance with Dr. Briggs ana his teachiugs we are moved to utter our protest against the spirit and lan- guage with which in so many cases he has been assailed. 1f in any of these writings Dr Briggs, as is ctarged, has wantonly offenaed the Lonest convictions of good men, or has in any other way sinned against tha ethical code of Christian scholarship laid down in the new testament, it is not our business to aefend uim therein; he must answer for it to his own conscience and to God. But in the public discussion in a matter of opinion it is neither right nor deceut that an earnest, de- votea scholar aud faithful teacher, even though mistaken, should be attacked with virulence, contemptuous flivpancy and impu- tatious of unworthy motives. Wao know Dr, Briggs to be an earnest Christian, a devout student of the bible, an indefatigable teacher and worker and one who beld the standards of the church with an in- telligence basod ou exnaustive study of their history and literature. The numerous testi- wony of his students during seveuteen years prove that he iuspires tnew with a deep re erence and enthusiasm for the bible. Iu like manner wo protest against tho manner and temper of assaults on the Union seminary By its history of over half a century, by the churacter aud standing of its gradvates and by theamount aud value of its contributions to Christian literature this institution should be insured ugainst such assaults. I[ts value 1o the Presbyteriau church needs no demou- stration. From the days of dward Rou son, the pier of Palestiue exploration and the' founder of biblical texico graphy, Union seminary has steadily pressed forward on the lines of advanced biblical study. If professors n_subscribing to jthe Westiniuster standards have always been understood to do o with the concession of that measure of freedom of the right of Christian scholars. They honor venerable confessions of the past azes, but they place that their iuterests shail receive all necessury | ITS WHEELS READY T0 RUY. | the biblo above the confossions and hold | theraselves bound by (hew lovalty to Christ | and to His church to follow the truth whith- ersoover it ay lead thom. o inwst ar a| must insist upon the liberty sxecctsed by the veformors und by the early church to discass the soriptures fraely aud revarontly and 1o | avail ourselves of all X3 ght which may 00 thrown ujon thom | from source, It is In_ the intercst of God's truth to set forth scripture As it is and not to expase its frionds and enchiors to humiliation aud defeat by claime | ini fur it what cannot be substantiated. In words of Ulmauu, *Not fixednoss nor rev- olution, bat oveluti for our 1 we 1 aud reform is tho motto noes, wmintain that human conceptions of tha bibie of its iuspired teach- ings are subject to vevisi 1o grasp tho sanlts of decper rosearch and fo apply them with caution, vevercnce and Hdness to the examination of seripture ly our privilege, it is our solemn_ dy he dis rge of tho sacred teut 1mittal to us by Christ and His church. More ligot is yet to break from God's word. We | would b found ever uvou the watch and to Lransmit its ray, theological person could uny attitude withont neglecting his duty and releasing his hold upon Christian ~ students. I'nat such 8 method may dissipate or moaify ceriain traditional vie the orig or date of the books of are. that it may expose and corract certain tongue established errors of interpretation; t it may moaify cortain theological dog 18 only what is to be ex vected from similar reauits in the past. But we hiave 1o fear for the b 1he word of God wil some from the five of reveront eriti- cism as fine gold with a new creation of testi mony to its diviue origin and & new power of ppeai to the world.' - CROOKED BANKERS ON TRIAL, How ‘They Horrowed the Ex PrizaveLriia, May Gideon W. Marsh, president Lawrence, ex-assistant cash eystone National ¢ ‘unds to miner. Tue and Cha Fool It} hearing of s W. rof tho broken k, charged with falsi fying the returns of tho bank to e comy troller of the currency, was resumed her this morning before United States Cowmis sioner Be | Jonn Hayes, cashior, testified that he never assisted in making up the baunk ac count for submission to the cowptroller, but signed it when it was presented to him by President Marsh. Ho bad v plicit faiti in Marsh's houesty. When the bank oxaminer was expected 10 visit the bank Mursh would borrow from 000 te $:0.000 in cash from hte Spriny Garden Nutional bani and place it among the assets of | the bank, by which means the bank’s reesryve would be raised to the legal requirement by law. No entry was ever mado of these loss ou the bank's books, and when the examiner had conciuded his examination the woney would be returned to the Spring Garden bunk. No collateral was ever deposited at the Spring Garden bank for these loans. Money was also borrowed from the Third Na- tional bank J. Frank Lawr Lawrence, ¢ a brother of Clarles used men, testified tnat Le had charg dger from which the pages were cut. He discovered that the pages had been eut from the book sud spoke 1o his vrother and Marsh about it, but was told by them that it was all right. T, Jackson, Charles C. Torr and Dr. Charies Sheltouberger, ull of whom are or Lave been at some period directors of the bank, testified that they were never allowed to ex- amine the assets of the bank, as a special committee appointed oy Marsh did this aud reported to the board. They all placed groat | Thousands of Prrchascrs confiderco in Marsh and trusted him without guestion, - D IN LONDON, Strange Disappearance of a Kansas Man Cleared U Kaxsax Crry, Mo., May 16.—Arthur Dean, aged thirty-seven, a member of the real estate firm of O. H. Queal & Co. of this city, m SUICIDE. teriously disappeared December 7, 1584, No clue to bis whereabouts was obtained until last month, when the cushier of the Kansas City safe deposit and savings bank received through the mail from the coroner of Central Middlesox, London, a key with a tag belonging to the vault rented to Queal The coroner reported that the key was taken from the body of a young man who com- mitted suicide by arowning April 9. Photo- graphis were sent 1o the coroner and estab- lished beyond a doubt that the body of the suicide was that of the missing Arthur Quenl. INDIANAPOLIS, Jonnson, w Ind.. May 16.-0. until recontly United ' States vice consul general at London, was shown the message in reference to Arthur Dean Queal, and said: I investigated the case as thoroughly as possible at the time of the finding of ‘the body, but could not identity it, as the man R. wes went under the naine of Dean 1o’ London. He came to London about January 1, 1840, with &1,500 in b and drafts for $1,500. This money be spent in carousing until 'he becamo penniless and testimony at the inquiry showed that ne was almost insane. RACED 10 HIS DEATH, A Wisc sin Farmer Killed While Kunning His Horses. Miwaukee, Wis,, May 16.—A race be- tween a b ness man of the city and a ser from Prospect Hill, seven miles be- North Greeufield ‘Thursday evening, resulted in the tragic death of the farmer at North Giroenticld. The parties in the race were John D. Bowes, a_prominent insurance man of this city, Mr. and Mrs. Joseph Shackell of North Greentield, and a farner Lawmed Plumb, All were returning from the city, Plumb in au empty wagon, and the otlicrs in a carriage. The road was exceo mgly dry and neither party seemed inclined to take the dust from e other. A spirited race for first pluce resulted,both teams being put to their utmost speed. It was nip and tuck between them for several miles ana when the village was reached the earriage was a few rods in the lead. In frontof MeCul- lough's in the little town is rouvh plank platform a foot or two high, used in loading wagons. Plumb's wagon struck this plat- form while going at full speea. He was thrown some distance in the wir and fell heavily to the ground, breaking Lis back and recerving iuternal injurics from which be diet several hours later. Ll MOB STANLEY, TRIED TO Socialists Created a Disturbance While the Explorer Was Lecturi Loxnox, May 16.—While Henry M. Stan- ley was delivering a lecture at Sheftield last evening the hall was invaded by a gang of socialists, who began to sell among the audience a pamphlet attack ing the explorer. The pamphlet was very free! bought under the belief that it contaived a report of one of Stanley's tures. Whon the fraud was discovered th was @ great commotion and the venders w violently expetled. The gaug tri Stanley as he left the hall, but his friends gathered around him, and with the assist- ance of the police kept off his assalaots until ke drove off in a cab. BURIED TREASURE A Discoy FOUND. y at Truckee, Cal, Causes Great Excitement, Treckee, Cal, May 16.—There is great ex- citement bere over the discovery of a portion of the treasure buried by the Donner party in 18467, which is sald to amount 1o $10,000, Nearly $200 in silver bave already been found and numbers of peovle are looking for the remainder. The coins are of all dates pricr to N5, and econsist of pieces Non France, Spain, Bolivia. the Argentine ie. public, 8 number of other foreign countrie and also & number of rare American coins. ‘The relics are very valuuble, ngland’s Noted Invalids. Loxuvox, May 16.—The prince of Wales is sufferiug from muscular rheuriatism in the legs which prevents his standiug for any leugth of time. (iladstone s in & much more improved con- dition of uealth thau ho was yesterday. - Weekly Bank Statement New Youk, May 16.—The weekly bank statemcnt sLows the resorve has increased #149,000. The bauks now hold $5,918,000 in excess of legal requirements. PALATIAL BOSTON STORE, Attend Its Rost Successful Cpaning, “ of Luergy Which s a Model Metropolttan Store in Sixty Naye. ty da (4e noctheast teanth streets, Loday in fts scead stands & stately t story pilo of brick, iron and giuss, weiehtod with & stock of dry goods valuod iu the thou- sands George Franci: marvel because ho thirty days, ut what may be said of the caterprise and s 820 8 glass b corner of t Douglas houso Train causnd vullt a frame peaple ta hotel iu cuergy which rears a business palace in nearly the same length of time and stocks it with the work of the shuttle and loom from ever fon of the known world? The achievement was accomplishod by J Birandeis & Sons and the result is the stately Boston Store which yesterday for the first time roceived 1ts customers Uy the thousiuds. It was oniy with dificuity that & Dr: epresentative gainea admittance to the om porium, 1t scemed o veritable ladios' day duriug the holiday season in an castern bazaar. A corps of experienced floor men nowever, kept passages open and the ui tended serit made s way through the great estabiishment, discovering now uttrac tions at every step. T'lio imposing entrance, forty foot i width, OpeNs Wpon 4 iArge area into aisies from all the departments which run th of the first e ricarest department is that of the silks, resided over by a corps of gentlemanly lin guists whose experiouce was yesterday tested to the uttermost. The couuter was whote duy, fuille, roy amules, surrounded with purchasers tho of and yard after yard pere de soirs, vermeulleanx, crepe de chines, satin luxors, grosgrain and China were dis posed of at the wonderfully low prices which the firm had ndvertised T'0 the west of the silis and facing tho Dou street side ts w very fine colored dress ¢ ment filled with choicest mater ials "This is followed by the v wear, the la ribbon o ments, in_which the purchas ciate the flood of the plate gl slin and notion part- es will _appro. light which pours through ss windows. undor- nning along the south wall of the build: ing ave the corset and parasol depurtments with an almost infinite variety of goods from the leading manufactories in those important lin Turning to the right after enteriug, the visitor pusses ately posts sheathed in velyet and th glove department, in which haif a dozen iady clerks are pusy fitting and sellic sloves all the way from those intended for jer 8t sprite 1o those which are to enc huud and arm of the belles of the coming season 1urther alony; 1s a circular counter uphol- stered in velvet upon which rosts a_ massive basket of fowers. 1t is accompanicd with the congratulations of the sender, Mr. Ober- felaer. Another souvenir making memora- ble the oceasion is from Murtzburger & Gold- smith of New York. On the same counter are several female busts in wax, each a work of art. Iy are attired in mosi costly siiks and brilliant jewels enhance their beauty Further along aro found the hosiery” anc men's furnishing- goods, eaca occupying ampic space and comprising a variety as ETCAL as was over seen west of tho Missour. Then the visitor enters the millinery de partment. All that he has seen scarcely prepares him for wiat he finds in this exten- sive section, ses line the wall. They are filled icties, shades and colors of arti- , plumes und bounets. These sortments seem works of art hung upon the walls. They appeal to the maseuline scrise of tho beautiful and irresistibly challenye the atlention of thousands of ludies who Linger in their presence, This department extends half of the north and streot along the west wall of the st Courteous ladies are in attendance. Tho beautiful articles are handled with the air and skill of experts, and the purchaser ex- along the cast alwost to Dougias periences little delay in finding what she seeks. East of the -millinery and running beside the north wall, is the mautle department. Ina continuation of the line of glass case all of which are draped with brocaded roon velvet, are hung shawls, capes and jackets of all the prevailing styles and of both home and forcign manufacture. Above this department is & gallery, [0 commands & view of the whole floor.” Tho sight is almost bewildering. The display of color defies description, while the human activity displayed by atténdant and purchas- cr seems almost incomprehiensibie. In this gallery arc the cashie - and wrap- vers. There ~are four of the former and eighteen of the latter. They wre all busy. To this gallery I seventy-five lines of aerial railwa, The terminus of each of these lines is nominated a station. Iuto the station re the basket laden with the purctased urt the checks and the cash. The arrival of euch train twangs a wire of greater or less tension The effect is not unlike a rough melody, the more grateful because it proclaims the suc- cess of the great enterprise under consider tioy This gailery extends to the west wall and thence to Douglas street. At the angle are locatea the bandsome oftices of the house and the advertising departient, from which may be had a view of every inmate and every part of the store. On the castern extremity of the gallery is the ladies’ waiting room, which has been rienly upholstered. The “Bargain Mine” is the name happily designating the basement. To this place there are two large entrances, one leading from the main floor and the other from Six- tecnth stre Both are broad and the descent is gradual. The place is lighted by windows on all sdes. 1t is a mart of multifarious articles. It is a bive of industr Counters predomiuate, ‘There are shelves only along the north and west walls. The counters arc piled bighwith goods which the visitor bandles. The prices rauge from a penny up 1w dollars. Clerks are everywhere, They are le seigod with customers. Everybody speaks cely sbove a whisy 1t can scarcely be comprehended that ~o mortals can come together, each bent o making an exchange of woncy for some needed articie, and yeu make o little noi The purchase over, anotlier acriul ralwa does its part of the trausaction. The article purchused returns wrapped in cou- venient form and the purchaser retircs, As ste passes out, however, She sees o mig- ficent soda fountain near the steps. Then sho stops, quafls a glass of flavored soda which costs ouly 3 cents or indulges in au 1ce cream soda for b cents, This sceno was witnessod all day and last night until the closiug hours. Thousauds came and went and thousauds bore away with them purchases which sus- taiued the reputation which the Bostou Store has achieved for excellent goods und reasonable prices. Every purchaser also retired with a sou- venir, and the supply of souveuirs was most varied. [t extended from a mirror to a silver fruit kuife, uud the clamor for the souvenir was as great as the demund was for pur- cbases, The opening was a success, have been otherwise. day yestor- It could not Notiing was left un- done which would prevent the firm from keapiug its promises. From the humblest cash boy to the honored senior the firm, everybody was on duty. humblest and youugest clerk counter to the fourteen floor gentiemen in in their full dress soits, every attache was sitired s if for o gaia’ occasion Simplicity in female attive often sots off fe male beauty and it was the simple boliday wmber of From the behind the attire which cunracterized the young lac of the store. More would ot have added to ms und those charms, it must be 5 most remarkable. A more bewuti- ful ‘collection of voung women could scarcely bo desired either could A more competent one bo obtaiucd Their eficiency was yosterday displayed in 20,000 cash tickets, represculing just 8o mauy salos,