Omaha Daily Bee Newspaper, January 29, 1892, Page 5

e AR _' E I S T g e e IT WAS LEFT OFF THE BOOKS aaems Oounty Was Not Oredited with All Her Fuuds, INVESTIGATING THE ALLEGED SHORTAGE Deputy Tremsurer Fist's Amination at Hastings s siderable Attention— ons by Those Concerneds Preliminary Ex. Attracting plana. Hastivos, Neb., Jan, 28 —(Special to Tnx Ber. | —~Emanuel Fist, late deputy treasurer of Adams county, was given his proliminary hearing before Judge Burton this morning. ‘Tho triul was held i the court room, to accomodate the crowd who wisned to hear the trial. Tho state was represented by County Attorney Chris Hoeppusr and Gen- eral A H. Bowen. Mr. Fist was defendea by M. A. Hartigan and Georgo W. Tibbets. There were fourteen distinct charges of embezzling and alding in embezzling the funds of Adams county. To each coun¥.he pleaded not guilty. Charles Biglow, county clerk, was the first witness called. He testificd to the elec tion of Charles H. Paul as treasurer in 1887, and of the approval of his bond. Next, Fist's appointment as deputy, the flling and ap- proval of his official bond and Paul's re-clec- tion in 1880 were established. Jay Cherry, w7ho was tax collector for Hastings township in 1880, was next called. Ho identified a number of receipts given him by E. Fist, deputy treasurer, for taxes collected by him and turnod over to the deputy treasurer to the amount of $30,826. On cross-examina- tion the fact was shown that all the checks were endorsed by Treasurer Paul, James R. Rateliff, the expert, who is now examining the books of ~Adams county, testified that he had not found these items entered against the treasurer. A. L. Clark, prosident of the Flirst National bank and one of Treasurer Paul’s bondsmen, gave the de- tails of Fist's confession, which was made on January 6 or 7. Flst told Mr. Clark and John M. Rogan, another bondsman, that the Cherry tax collections had neveg been cred- “Ited to the county on the books Rtcording to a request of Mr. Paul. Charles H. Paul, ex-treasurer, was sum- moned by the prosecution. During the month of January, 1889, Mr. Fist had entire charge of the books. Ho was prasent when Fist's confession was made. Paul at that time denied the fact that he *had instructed Flst to leave the Cherry matteroff the books. Mr. Ragan interposed as he saw that the deputy and treasurer were about to come to words. He had no knowledge that these items were loft off the books uutil the middle of January, 1801, when Fist told him of the transaction. Fist said that there were cer- tain school warrants which could be credited : “ithe balance,” Fist said, “they will never get out.” Bondsman John M. Ragan was called and testified to the confession made by Flist. Fist sald ho couldn’t sloep at night on ac- count of the deficiency on the Cherry ac- counts. Ragan had a meeting with Paul on the following morning and Paul said that the $22,000 was the only deficiency of which he bad any knowledgo. Tho accounts, according toa rule of the office, ware not journalized as they were paid in but reserved until a final settlement with the collector, When the time cawme for the township collector to settle, on Paul's sug- gestion, claims Fist, the Cherry items were left off and never put on the books. ‘T'he stato here rested and the evidenco for the defense was deferred until tomorrow morning. The trial bas been attended today by a largo number of persons who were anxious 1o get any insight into the solution of the mystery which has perpiexed nll Adams county for thelast montli. Treasurer Paul’s interests were watched after by At- torneys McCreary and Judge Smith. NEBRASKA EDITORS AT FREMONT, Twentloth Annual C ‘ention of the State Press Association in Session, Fnemoxt, Neb., Jan, 28.—|Special Tele- gram to Tnk BEe.|—The twentioth annual session of the Nebraska Press assoclation mot in this city this afternoon. The first session was held at 4 o'clock, with tho larg- est number of editors present ever in attend- ance at a meeting of tho ussoclation. Presi- dent Simmons' address embodied & number of important recommendations for the benofit of Nebraska publishers. ‘The secrotary’s re- port showed the association out of debt and funds on hand. A public meeting was held tonight at the Women’s Christian Temperance union tem- plo and a lurge audienco was present. The oration was delivered by M. A.” Brown of the Kearney Hub. He was followed by a historical sketch by £d A. Fry of the Nio- brara Pioneer and a poem by A. L. Bixby of the Columbus Sentinel. An address of wel- come was delivered by Mayor Fried, to which Mr. Corell of the _Hebron Journai re- sponded. Mrs. Fred Nye sang a coupl of s0los and Miss Nellio Mci’herson gave two recitations. Relleved All the Rep Osckora, Neb., Jan. 28.—[Special to Tk Bgr.|—Dr. L. M. Shaw has received tho ap- poiutment of physician of the Board of In- sanity for this couuty i the place of Dr, S, ©O. Whaloy, who has been one of the mem- bers of the' board since the organization of the county. The last republican has been ro- lMevea from duty in the offices mbout the court house here, i DeWitt's Little Early tusers; ooly pill to cure sick headache and regulato the bowels, DROPPED THE OTHER SUIT. Real Estate Owners Assoclution Oppo tion to Tribane's BUl Withdrawn, The Real Estate Owners associstion held a meeting yesterday afternoon in its quarters in tho Lite building. Most of the time was devotea to a discussion as to whather or not the injunction suit restraining the county from paying the Nebraska ‘I'ribune $1,500 for printing the delinquent tax list should be withdrawn, Attorney Cathers, for the association, was op) d 10 the withdrawal of the injunction suit on the grounds that the paper had uot complied with the law. He and Sol David- sohn, manager of the paper, gotintoa hot discussion, but the other members of the board settled the matier by votiug to with- draw the suit and the county commis- sioners and treasurer pay the bill as they had doxe In the case of tho Bohemian paper, The Fheenix Foundry and Iron works at Bedford piace made 8 proposition to the ef- fect that the com) desired to enlarge its ‘works by adding a car wheel industry to its founary. Itw #3,000 to do this, and on motion of Mr. Cathers the president will up- int @ committee of thres to solicit the 3,000 fund from property owners in the im- mediate vieinity of the works, The property owners will be tbe ones benetited by the im- provement, . It was also stated that a tannery was nec- essary here Lo make leather of mc{udan from South Omaha. The secretary was instructed 10 communicate with some tanner 1n the east with a view of having him locate in Omaha. Nexu Monday the annual meeting of the assoclation will be held. o~ Gessler's Magic Headache Walfers cures ai beadaches in 20 minutes, At all druggists. b i Want Huft in Colorado. Jawes A. Garrigues, distriot attorney of the Eighth judicial distriot of Colorado, writes Chief Seavey and usks him to be sure and hold Jim Huff, now under arrest here, until the arrival of an oficer from Denver. @ mal s released on baveas corpus the attoruey wauts him rearrested by the chief o some of the sherifl's force. He states that an officor Is oo Lhe way with roquisition papers and willl be here today or tomorrow. iy DeW i Litte Early itisers; best liLue alis fordyspepsiasour siomaon,vad breath e Commissioners Chuuge Their Mind. The county commissioners have come down Off their bigh borses and have given up the douof lookiug horus with the cours to deter- | Hooker of this aity, is at the Paxtou. mine the right of possession of the jury room on the main floor of the court house. One of the commissionersstated yesterday that as soon as court convened the room would bo vacated. The original ides, he said, was to have a quict place where the five wise men who hold the Holm of the county government could go and commune, one with another. None of the time did they intend to Intorfere with the workings of the court. but simply intended to use the room when it was not otherwise odcupied. MRS. FRAZAR'S TOURS. London and Paris Sights Shown a Omahn People, Mrs. M. D. Frazar of Boston, whose lec- tures of foreign travel delivered at the St. Mary's Avenue Congregational church some two weeks ago were so well received, con- tinued her talks at the Lininger Art gallery Inst evening. The party, under Mes. Frazar's leadership, started on the tour of London add Pars at the lord mayor’'s mansion, and after viewing that magnificent residence of Lonaon’s chisf rty of executive journoyed on to St Paul's cathedral, the second largest church in the world. This grand structure with its tall spires and massive dome was built from the tax collected on coal. An in- terior viow showed the crypt in which lie the remains of the duke of Wellington and Lord Nelson. Westminster abbey, where the English sovereigns are crowned and buried, was next visited. The tombs of Mary, Queen of Scots, and Queen Elizaboth wera shown, as was also the pure white marble monument erected to the memory of Major Andre. A splendid view of the Parliament build ings, frouting on the river Thames came next. These great buildings cover eight ucres of ground and contain something over 1,100 rooms. ‘The jowel house in the White tower, where the crown jowels are kept, was visited and the many valuable articles exnibited there were described by the speaker. Next came atrip to the great briage of London over which 8,000 people pass each_nour, and then the journey was continued down to the Thames embankment ‘where stands Cleopatra’s Needle which was presented to Great Britain by the Egyptian government. ‘Crafalgar square, in which atands the beautiful monument erected in memory of Lord Nelson, was then visited and then the party hurried on to the National Art gallery, after a hasty view at some of its famous works of art, emerging upon Rotten Row. This boulevard is the fashionuble drive of the great city, aud between the hours of 4 and 6 every afternoon during the season the.-Row 1s crowded with London’s beauty and fashion. The Albert memorial monument, built by Queen Victoria in memory of her husband, was visited and greatly admired. Then came a trip across the English channel, which is genorally dreaded by all continental voy- agers,sand Mrs, Frazar's party landed on the soil of sunuy France The sightseeing in the gayest civy of the v irid begau at the palais of justice, on the banks of the Seine, and was continued up aud down the river until every point of interest had been visited, A’statue of Gambetta, the idol of the #'rench people, was stown, -This mag- nificent work of art stands in front of the garden of the Tuilleries. Then came a visit to the paiace of the Louvre and the groat art gallery built by Napoleon. The old }mlucoo{ the Tuilleries, the favor- ite home of EEmpress Josophine, was shown and some interesting anecdotes of the ex- empress told by the speaker. A trip to the famous Champs de Elysee was made at the hour when the boulevard looked its brightest and_was filled with the wealth and fashion of the world. The Eiffel tower was shown and described. Next tho party visited the Church of St. Louis which contains the tomb of the great Napoleon. An interior view showed the magnificent sarcophagus of gold und iarble beneath which rest the bones of the first Napoleon. Around this great monumont are raped the colors of France, while the last words of the dead emperor are carved in the white marble on one side. ‘The Grand opera house which cost $5,000,~ 000 was visited and its massive marble stair- case and gilded foyer shown, The tripcoucluded with a visit to several of the famous villas 1n the suburbs, This evening tne party will continue their jour- ney and visit Geneva, Pisa and Rome, BOUND TO FIGHT. Farmer Bruner and His Little Load of Rlotous Whisky. A rather scedy looking specimen of humanity, claiming to be a farmer and giv- ing his name as J. E. Bruver, got himself into considerable trouble yesterday afternoon by trying to buck ugainst the authority of a biue coated guardian of the peace. Bruner fillod up on red oyo until his back teeth were floating; then he started out to pick a fight. Ho saw & newsboy on the corner of Sixteenth and Dodge streets and attempted to assault him. Officer Foloy hap- pened to be around uud took a hand in the matter. It didn’t make much difforonce to Bruner whom ho had a fight with, so the pair went at it. Foloy got his clothes torn and hls shoes full of mud before he was In i1t to any ex- tent. Then the officer took his turn at the bat and landed a straight hit on the farmer’s forohead with his locust. The patrol wagon layed the second act and Dr. Towne the ast. Bruner was sewed up and beld to square matters with Judge Berka today. - TURNED OVER HIS HOME. tles the Case of the mpany Agaiost Him, The Deering tmplement firm bas evidently settled its case against Charles W. Keith, who was the firm’s Omaha manager and who was sometime ago accused of embezzlement, The case charging him with bhaving em- bezzled quite a sum of money belonging to the Deering people, while acting in the capacity of manager for Nebraska ana lowa, was dismissed in police court yesterday sfternoon on account of the illness of County ‘Attorney Mahoney and the nonappearance of witnesses for the prosecution. The ovident settlemont of tho case is per- haps due to the fact that there was, a fow days ago, filed in the ofiice of the rogister of deeds, an instrument of conveyance from Mrs, Kittie M. Keith and Charles W. Keith 1o William Deering of Chicago, conveying to Mr. Deeriog all of the real estate owned by Mr. and Mrs. Keith in Omaha and Douglas Ccounty, includivg their home 1n this city. A very small pili, buta v Witv's little Early Risers. 'y good ons. De e ——— PERSONAL PARAGEAPHS, H. L. Day of Fremont, Nep,is at the Miillard. John F. Norton of Sioux Falls is at the Paxton. M. D. Welch of Liacolu is registered at the Murray. C. M. Densmon of Stanton, Neb,, is stop- ping at the Miliard, C. F. McGrew, a Lincoln bauker, is stop- ping at the Paxton, Albert P, West and J. P, Davis of Villisca, Ia., ure at the Arcade. (. C. Postwait and wife of Odell, Neb., are stopping at the Murray, C. P. Shur, a real estato dealer at Kearney, 18 registered at the Paxton. R. R. Greer, one of Nebraska's World's falr commissioners, is registered at the Pax- o, Dr. C. T, Burchard and G. W. Reed of Falls City are at the Dellone. J. H. Wheeler aud wife of Chadron, Neb., are registered at the Dollone. Stuart Robson, wife and six his company are at the Miilard. J. W. Goodherd and James Elkhorn, Neb.,, were at the night. D. A. Campbell, clerk of supreme court, Lincoin, is 10 the city and called at 'ux Beg office. f. E. Sanford, represeuting Frederick Paulding and *“The Struggle for Life," is in the olvy. W. D. Skioper, members of Bergman of Dellone last m-in-law of Colonel He ls registered from Des Molnes. William M. Croan of the late lowa Nor mal college 1s at the Paxton with Lis wife. They are registered from Shenandoa. 4. N. Whitney, (Irnrg;”N. Galbraith ). E. Chapwan sod W. H, kworth, cattlowen of Evauston, Wyo., are ut the Paxton, T. E. Bradway of Ubadron, route sgeat for Wells, Furgo & Co.'s express, is in the city. Mr. Bradway had charge of the Black | Hills business for years bofore tbo raliroads entered that country. THE OMAHA I SUPPORTED BY THE PEOPLE | Lincoln's Police Ohief Encouraged in His Fight Against the Gamblers., CONCLUSION OF A SENSATIONAL CASE of the Litigation Growing Out’of the Rald Made on the Local Dens Last September—Dennis Mammond Managed to Escape. LixcoLy, Nob,, Jan, 28.—[Special to Tie Bek.| —In all probability the Lincoln public has heard the Inst of the cases growing out of the raid on the gambling resorts last September. No eventin the municipal his. tory of the city within the past year has been more prolific of sensational develop- ments. The city authorities have been up- held in their efforts to rid the city of the gambling fraternity, Every effort made by the gamblers themselves to create prejudice against the chief of police and his assistants has failed. Tho last of the cases growing out of the event came up before Judge Lavsing today when Dennis Ham- mond was arraigned upon the charge of vagrancy. The complaint was found to be defective and the prisoner was discharged. Another warrant, calculated to defy the tochnicalities of the law, was immediately sworn out but before it could be served Hammond had disappeared. Ug to this evening he had not been found. He will be rearrested on the charge of vagrancy &s soon as his whereabouts is discovered. Home Industry in Lincoln, The Home Industry Association of Lincoln has been perfected for the purpose of pro- moting the manufacturiag, &nbhlnn and ro- tail industries of the city and to encourage the consumption of Lincoln productions and the employment of resident mechanics and laborers. The following officers have been elected: President, C Boggs; secretary, W. B. Howard; treasurer, L. C. Humphrey. A vigorous canvass for membership is being prosecuted today. Writ of Habeas Corpus Denle: Harry Smith and Walter Clarke were brought before Judge Lansing on a writ of hahcas corpus today. Their attornoy asked for thuir release on the grounds of a defective complaint, alleging that it did not state that the articies enumerated were picked up at the same timo. Judge Lansing declined to grant the writ and refused to reduce their meL They were bound over to the district court From the Police Court, Harry Smock, Joo Vickers and George Bluevelt, the thres young lads who rocbed an east’ Lincoln candy store last Mondsy night, will repent ia the reform school. artin Smith and George Miller wero sentenced to vwenty days each in the county Jail for vagrancy. Mrs. Molly King, who has figured in police court several times of lato, was again ar- rested at midnight with her paramour. They were finod 815 and 20 respectively. B. A. Monthany was fined $1 aud costs for creating a disturbance in a saloon. George Cox Is being held to answer toa chargo of assault and battery. R DeWitt's Littie iarly tasers for the liver. s ol ‘Was the Wounded Burglar, A man stopped Tuesday night at a Four- teenth street lodging house, and after his de- parture a lot of clotted blood was found in the bea he had occupied. The oclerk ~said _that the man noticeably weuk as 1f from loss of blood. Tt is supposed that he was tho burglar who was shot Saturday night by Mrs. P. F. Murphy while in her house. 2623° Dodge streot. A description of the fellow was ob- tained, and the polico are looking for him. was e THE SIGHTLESS SCULPTOR. Romarkable Work of the Blind Artist of Tarrytow The latest work of the blind sculptor of Tarrytown is attrecting a good deal of attention just now. The old fashioned frame house on the biuff near the river road where the sculptor lives, with its wide porch and low widdows, has an un- usual number of visitors, and the sculp- tor himself 18 forever conducting stran- gers to the rough board shed in the middle of the garden which he calls his studio. In that studio is his statue, a colossal figure of Washington Irving, seated. Mnnfl are the expressions of admiration which it provokes, for it is dignified and impressive, and many more are the exclamations of surp:ise that & blind man could make a thing so complex and so excellent, ‘The sculptor’s nume is John Marchant Mundy, says the New York Sun. He is not totally blind, as one would suppose from the talk of his townspeople. If he uses strong opera glasses at midday he can distinguish the expression of a por- tion of a human face within a couple of feet of him or can make out coarse print. In this way he was able to study the features of Irving’s face in several pict- ures which he obtained before he began work on his statue. He can even writo a letter with the aid of his opera glasses on note paper lined in black. But he is practically blind, neverthe- less. Without opera glasses hecan only distinguish light from darkness. No one who over saw him feeling his way about town with his cane or studying his statue by rubbing it thoroughly with his hands would ever imagine that ‘he was other than stone blind. Indeed, he might almost as well have been, so far a8 the construction of his statue was concerned, for he has used the sense of touch almost exclusively in its forma- tion. He did much of the work on it after dark, with no lamp in his studio. Mr. Mundy 1s no novE:a in seulpture, He has done much excollent work with the modeling stick and chisel, but he has been heard of little of late years be- cause his growing blindness bas inter- fered with his work. Porsonal Appearance, Mr. Mundy is nearly 60 years old. He is, a man of gentle and thoughtful face, who impresses and attracts one about equally. He is much respected in the town where the people are accustomed to see him feeling his way about the streets with his cane, with a pleasant word for all who speak to him. The soldier’s monument in Sleepy Hollow cemetery is his work, He was not so blind whan he modeled that as when he began his statue of Washington [rving. ‘But he could see very little then and depended more upon touch than sight to complete the monu- ment. That wis regarded as a great feat, but not nearly sogreatas the accom- plishment or his latest work. The trouble with his eyns began when he was a mere boy, and, in spite of the constant dealings with oculists atl his life, has steadily increased. When only 14 years old he suffered from blinduess at night, one of the earliest effects of the disease known as retina figmentism. For years he was unable to go out after dark unattended. Dimness of sight then be- gan to encroach upon his daylight hours, cutting off twilight fivst, then early morning and afternoon, narrowing his field of vision continually. The hours when he couid work lessened perceptibiy year by year. As the disease continued, its progress became more rapid, and in 1883 his left eye was completely veiled. The right eye still had some sight left, but cataract unexpectedly developed and 80 aimmed this that he was forged to abindon his pursuits. He has lived at Tarrytown since 1845, at the home of his sister, Mrs. George Rockwell, the wife of a clergyman., Mr. Muady’s life of darkuess is best told in his own words. “[ found idleness insupportable,” said he to 4 Bun reporter who visited hiw at FRIDAY, his home, “T hd #lways been 80 by in spite of my groting dimness of vision, that now to be cut off from any employ- ment whatever wgs, something awful for me. 1 coild not read more than, say, a page of conrse print in a quarter of an hour, and that onl§by the use of power- ful opera or field glasses, in & strong light, and with tREutmost exertion. “I 'thought abbi my modeling con- tinually, ana at,length 1 was driven by the irksomgpess of my con- dition to ntlem%h modeling by the sense of touch. Tt was for one rea- son a much harde¥ task for me than it would be for & man blind from his birth, for 1 had never used the sense of touch in the apprehension of visible objects. At the same time, having had my sight for so0 long, T was able to make a mental picture of objects, ns no man long blind could do, Am{ I had thoroughly learned my art. *‘So my brother-in-law had this studio built for me in the back yard. He was fond of fashioning articles in wood, and wanted a workshop. He built u_work- shop and studio together, dividing our domains by a board partition. Let us go inside, and there I will tell you the rest.” In the Studio, The blind man felt his way with his cane to the door of the studio and ush- ered his visitor in. It was a small room, bare of any furniture except a wood- bottomed arm chair, and lighted from a window facing the north. There were no ornaments on the walls, only a_dusty cast or two upon stone shelves and a fow simple tools lay on a shelf in the corner. In anotber corner was a smail, shabby stove. The center of the room was oc- cupied by the statue of Irving. ““There is my statue,” continued Mr. Mundy ufter o pause, It has taken mo many months to bring it to its present state. It is done so far as I can do it It is to my liking, except in some de- tails of superficial finish. But before it is cast I shall have some competent sculptor, with good eyes in his head, come up here and go over it thoroughly. He will give the clothes texture, work the buttonholes, smooth the skin and in a goneral way put on the finishing touches “The head is done in clay, the rest of the statue in plaster, I could not do all in clay because it took me so long that the clay would harden before I fairly began. ~ So I made the frameworik of the figure out of gas pipo and laid on plaster, modeling 1t first in the ntde, of course, and then putting on the clothes. Then I set the head on. I made that first It took me about six weeks. I undertook to model Irving because I much admired the great writer, and because I was in his own country and would find it easy to gather data. There has never been -a full-length statue of Irving before this. [ made my studies from the Ball Hughos bust, which was modeled about 1835, and theso portraits: A full-length sitting, portrait by F. O. C. Darloy, 1860; a photograph from a da- guerreotype taken about 1855;an engrav- ing from a portrait by Jarvis;an engrav- ing from a drawing by Wilkie, made at Seville, 1828;an engraving from a sketch by Vanderlyn, made in Paris, and two others whose origin I am not now able to name All these pic- tures, though taken at widely separ- ated periods, Frasent characteristics peculiar to Irving throughout his life. Yet they differ so- essentially in their aspects to'n cursory’ observer that no one of them can be 'accepted as trust- worthy. They all’$nfluenced mo, but after much consifiération 1 established the Ball Hughes':bust, the daguerreo- type head and the futl length by Darloy as the basis for my-work, and T find it is generdlly adjudged thit the head of the statue presents a fortunate combination of the three, showing Irving atsome- thing over 50 years ot age. I also hud many talks with personal friends of Mr. Irving and his living relatives. ‘Working Under Difficulties, “Having at length conceived my ob- j\ect Iset to work upon the head in clay. Much of it I did by the sense of touch alone, but in the "bright nours I studied the expression with tho help of my pow- erful glasses, The trouble was that I was never able to see all the face at once. Icanonly make out a disc, say the size of a tea plate. However, I managed to take .in the whole fuce by moving the glasses, and, after much discouragement, many fail: ures and the most painstaking labor, I got an expressionof repose to the fea- tures which satisfied me. I aimed to picture Irving seated in his easy chair, talking to a friend upon a favorite sub- ject, his fuce brightened by the kindly feeling and lively interest which char- acterized it during such tim: 1t has been with the rarest pleasuro that I have heard friends of Irving tell me that I have indeed caught the expres- sion for which 1 longed. “Then I began upon the fizure, It took me many muntl‘xs, I made the chair first, laying plaster over an iron frame, which I contrived myseif—for so dear to ma is labor in the darkened world in which I live that I did everything possi- ble with my own hands, even to clean- ing my tools and mixing my plaster. The chair was designed after an actual chair of the period. For that matter, 80 were the clothes, A niece of Mr. Trving’s lenu me one of his shoes as a model. “Although I occasionally used the glasses when the day was bri;,ihl to taice a general survey of my work, I depended almost wholly on the sense of touch. For instance, 1 used to sit in this chair for hours, teaching my fingers to re- place my eyes, thus.” Mr, Mundy seated himself in the wood bottomed chair beside the statue, as- suming its posture. He carefully bent his left arm to the angle of that of the statue and then laid his right hand upon it, following it from shoulder to sloeve with his fingers, dwelling upon every fold of the clpth. StudyingnDetails, T used to sit_hevs' hour after hour,” he said, *my mind'dent upon the sleeve, my fingers diligeusly learning it. I wore for the purpese n coat which be- longed to Mr. Ivvipg, which I havo copled in the statue. When I felt that my fingers had learnod the bends and wrinkles and creasés of the sleevn then I plimbed up to mwy sutue, nnd, with plaster and tool ip e carefully re- produced the dotgdls It took many trials to bring the arm tosomething like perfection. I ¢followed the same plan in regard todBvery detail of the igure, I learned the folds of the trous- ers from feeling th of my own trous- ers over and over Again. “But I made my heether-in-law act as my model, too, muoys: times. Ho is just about Irving’s build. I dressed him in the coat, seated him in the chalr in tho roiluru of the statue, and taught my ingers lessons from his person, But, of course, my long experience in modeling and a life spent in observing and study- ing the human form und the disposition of drapery and clothing upon it assisted me enormously. “As iy fingers grew more delicate in their touch, und more and wore able to replace my oyes, I wasted lessand less time. Then I used to work at night. Indeed, I did a good deal of wors at night. T used to come out o my studio directly after breakfast and work all day, at midday obscrving my work through my opora glussos 1 used to take a short time off for dinner, and after supper I came oput and kept at it till 9 or 10 o'clock. For night, you know, was the same as day to me,” NUARY 29 [AGAINST TOWA'S ALIEN LAW It is Deolared Unconstitutional in Soott Oounty District. FOREIGNERS INTERESTS OF SECURE E Relations Which Text ting Treaties Establi No State Leglslature May Rostr! of the Declsion—Crest tional Divorce Suit, Davesrorr, T, Jan. 23 gram to Tne Bee.|—The lowa alien law met its first defeat in the Scott county district court at this place today. A year ago, the will of Ralph H. Hoath was contested, but sustained. Today County Attorney Heinz filed a petition in the case of the state of lowa against the devisees under the will, asking that the ostato be forfeited and escheat 10 the state of Towa in accord with the law. The aevisees demurred and, in a lengthy oral opinion, Judge Charles M. Waterman sustained tho demurrer. Tho heirs of Heath ara mainly rosidents of freland, and Judge Waterman ruled, as has been done in Tllinois and elsewhere, that the rights of theso aliens are fully secured hy the existing treaty and that the law is unconstitutional and void. RCE SUIT. Involved in the S.—(Special to Tug case of W. H. McClellan aganst Eliza T. McClellan in the district court 1n this city is a decidedly sensational oue, which has occupied the attention of the court and a large audience for the past two days. The case excites more than ordinary interest because of the promincnco of the parties, who are well known in Unlon, Adams and Madison counties. [he de- fondant, Mrs, Eliza T. McClellan nco Ben- ton, is & very prepossessing lady of about 40 years of uge, whilo the plaintiff is a few yoars her senior. They were married in Madison county December 31, 1368, In 18 they moved to Adams county, residing there three years, afterwards removivg to and liv ing in Union county. ‘The plaintiff charges in his petition that his wife has committed adultery with Samuel (Gibson, another prominent citizen, On the witness stand the husband testitied that his wife commenced attending protracted meot ings about & vear ago. At these meetings she met Gibson, and the latter, through Mrs. McClellan’s influence, was converted. ( son would come home with the plaintiff’s wife nights, Somoe nights it would be as late as 12 or 1 o'clock vefore they arrived. How- ever, the husband thought nothing of this until one night during the summer the wife, at a late hour, was heard by him leaving the house. Quietly the husband hurriedly dressed and followed her, fiuding her and her alleged paramour in a grove of willows back of the house. Part of the testimony is uaflt for publication. Mrs. McClellan has filed a cross bill al- leging cruelty ou the partof the husband. On the witness stand toduy she narrated a mitiful story of cruel and dishonorable con- duct on tho part of McClellan. She denies any criminal intercourse with Gibson. The only child, a bright, intelligent _youth of 16, testiied und his evidence favored his fathor's accusations, Upwards of twenty witnesses hnave boen examined—all prom- inent citizens, The sentiment of the com- munity seoms to favor the plaintiff altbough pretty ovenly divided. Each contestant has employed the leading attorneys of the city and the case 1s being hotly contested. ‘Work of lowa's Legislature, Drs Morves, Ia., Jan. 23.—[Special Tele- gram to Tue Bek.|—In tho sonate today a resolution ordoring the governor's message and 1augural address printel in the various languages was adopted by a party vote. A large number of bills wero introduced, among which wero tne following: Con- ferring on women the right to vote at all eloctions; to abolish superior courts; pro- viding for a geological survoy of the state. The senate concurrent resolution asking an investigation for the relief of the supremo .court was adopted. Adjouraed fill tomor- row. The house this morning was deluged with petitions for a change in the exemption laws. A great deal of time was spent_discussing a joint resolution asking congress to aid the starving Russian peasants. The committeo on elections reparted favorably on tne Norris Australian pallotbill. Among the bills in- troduced was 0ne to reznlate the employment of persons acting as police oflicers or detec tives, This is desiunod 10 provent the om- ployment of Pinkerton men by corporations. Prepared His Own Monument, Cepar Rarins, Ia., Jai —|Special Tele- gram to Tk Ber.] - Something of & sensa- tion was caused here by the filing of the will of Caspar J. Hart, who diod a few days ago. After bequeathing to his two sons, two sis- ters and brother each $1,000, the will says the balance of his fortune of 850,000 shall be used for the erection of a monument to his own mowmory, with a soldior on dress parade on this monument. The will, aftor naming tho location of the monument, grants said lot with the monument thereon to the city of Cedar Rapids, on conditions that thecity for- ever keep the monument aud the grounds be- longing to it in goodorder. In defauit of the city complying. with the conditions, the property is to pass at once to the First Eng- lish Evangelical Lutheran church of tbis city. The lov Is to be used in no case for any other purpose than us & location for the mouument, Sl Heavy Real Extato Deal, Crestoy, Ia., Jan, 28, —(Special Telegram to Tue Bee|—The most extearive roal estato deal ever recorded im this county was consummatod today, whereby Joan Gibson, president ot the Iowa State Savings bank, sold his bandsome farm of 1,500 acres, three miles east ot this eity, for 0,000, Dorn chasers. n the near future ranch o Towa, a the largest sheej Thinks His Reputation Injured, MoxTezoMA, In., Jan. 29, —[Spacial Tele- gram to Tug Bae.|—Suit was begun today against tho Montezuma Republican by N, L. Likens of Barnes City for $4,000_ damuges alleged to have been done by reason of an article published fu the paper last August. J. W, Jarnagin, tho editor, and W. R. War th;k, prominent farmer, are made defend- aots, Last night the Jacksonian club mot at Flavoring Extracts NATURAL FRUIT FLAVORS. Vanllla -\ Of perfect purity. Lemon ~| of great strength. Ah';‘l.d ~( Economy in their use Rose etcy) Flavor as dellcately and dellclously as the fresh fruit Piso's Memcdy 7 Cawira i the Usa, und Chenpeat. Best, Easiest 10 Hold by drug.sts o sent by e RS W Samoset’'s rooms and decided to join the Iatter in attending the foneral of the late John I, Boyd. Tha club will meet at Samo- sot's rooms at 12 m. today sha: 1 The members of the city council wili meet at the city hail at 12 o'clock sharp, where thay will take carriages and proceed in & body to attend the funcral of John F. Boyd. The funeral will be held at 1 o'clock Friday afternoon at the family residence, 1902 Park avenne. laterment will bo at Forest Lawn | cemetery. i SAFETY APPLIANCES. Legislat Necessary to Abolish Killers on Rallronds, In the February number of the North American Review Congressman Henry Cabot Lodge, writing under the titl “A Perilous Business and the Romedy, strongly urges the adoption of a uniform aystom of safety appliances on railronds. “What we want,’ he says, ‘‘is an act r quiring the adoption of uniform safety couplers by the railroads throughout the :country. A reasonable time should ve given to enable the roads to make this change, and they ougat to have at least five and perhaps ten vears, which is the average life of o reight car, to complete it. Then at the expiration of the time fixed by law the use of unitorm safety couplers ought to be compelled under penalty. The question of a type could be left to the railroads themselves, for when the rail- roads found that they would be forced under penaities to have uniform safety couplors, they would soon agree on the best and cheapest kind. If they did not, further legislation on this point could bo ensily obtained, vesting the nee sary authority in the Interstate Com- merce commission. As to the other pr lific source of casualties, hand brakes on freight trains, the case 18 simpler. The beading in the statistics descei these accidents us *‘falling from ti which Gecurs almost wholly freight trains where the brakeman is required to pass along the top of tho cars and to climb to and from the roof in order to reach tho brakes. The danger of this work is obvious. Running along the roof of a moving car by night, with the boavds covered perhaps with ico or snow, in the midst of storm and dark- ness, which hide from sight the coming bridge, it is little wonder so many meet death in the performance of this duty. In this case nl{ that is required is to fol- low the directions of the English Board of Trade defining und requiring train brakes which are worked automatically from the engine, and with which we sro already thoroughly familinr in our pas: sorvice. T caso s su d on feeling can be involved init, and no very complicated legislation is required to bring about the desired result without placing a ruinous expense on the rail- roads. Itis simply inhumanity not to take prompt action. The total number of kilL:d and wounded is increasing from year to year, and so is the proportion of loss tothe total number of men em- ployed. Uniformity in the case of safety applionces and_of train brakes on our freight trains will save hundreds of lives, stop the maiming of thousands of men, and preserve tho breadwinners to thousands of familie: Suth uniformity can be obtained only by legisiation which will reach into every state and every territory. Tho congress of the Umted States alone has the power to pass such legislation, and 1t is high time that the power was exerted.” — THE MID) New York World, Brave midwinter ros 3ioom red In lier ohecks, Where the wind's kiss discloses The posies hp seeks. 5 There's u o A wedding-bell tone, Ali about her; her lsuguor Of lounging'1s flown. ry elangor, cedit reginn 0 queen to her throne 1ks with majesiy tiner, all of her owi! Oh, where i 211 nature 1S benuty like ners. A llower-filr creature S0 bonny 'mid furs! ————— Somerville Journal: If overy ma.i could have everything ho wanted, whist an uninter- esting place this world would be for the men, und what an unhuppy place for the women. It 18 not to medals, badges or the insignia of royal favor that the great- est of all specialists, { DRS. BETTS & BETTS e their wonderful per~ o:’onal and profession- N A In the sclentific treatment and success- tul cure of over 86,000 cases of those NERVOUS, CHRONIC AND PRIVATE DISEASES which are so for midable to the medical profes: sicn in general, DRS. BETTS & BETTS bave proven that thoy 43 extraordinary ability and skill ture, Hydrocele, Varicocele and Rectal pioubles. their succeas Therefore, t| are entitled to 'wear the emblems of the high- est honors, for these they have richly wop by their own éfforts Send 4c for their new book of 20 pag Consultation 13 also ree. upon or address with | stamp. 2 ( Drs, Berrs & Berrs 1198, 14thSt. N, E. Cotner | Douglas St., Omaha, Neb, Baffering Youskoul oe outhiul errors 2 AGhood, it coul of chargo. by vy odus, Conte ire, Leal work thml p man who is nervoiy and biliated. Brog ¥, & Wo Wik ho. “r - 4 HOW TO CURE LA GRIPPE. Go right about it. Don't waste a minute For the splitting headaches, racking paing along the spine and In sides and loins, rhoud matism of muscles and Joints, ohills and tover nausea and disinolination for food, you mus take threo or four of Dr, Schanck's Mandraks Pills ho first nizht, and after thata suMelont nume ber to Insure a dally an | freo action of the bowels. Keop this up for somo time.an | where chills and fovers are stibborn.quinine in renss onablo doses, can bo used to advar with: tree,the Pills. Those plils set your gorged liver cloanse thostomach and bowols, and start ug normal socretions. You've scorod a big polut Thon. to ald digestion, crash the wea and lassitude, drive off the feoling that you s loave die as live.and give tono and strongth 10 your systeni, you must take a tablespoons Bk Schenck’s Seawsed Tonic before anil after meals. Already you tegin to feol f1ko & new person. But don't forget your lungs. Bewaro of the terriblo tendency of La Grippe toward Proumonia! If you havo chest pains or n cough, botter settlo the matter ad once by a tablespoontul ot ScheneX's Pulmanic Syrup taken threo times a day. between meals—ofts cuerifthe cough {8 troublesome. You can round tha very worst case of L d drive it into speody surronder, And you'll do it right away if you wro wiso, Ask your Druzgist for the D Schenck Romes dios, DX Liver SCHENCK'3 byo't on O)rnsumption, ‘omplaint and Dys -opsia; 8 nt free. N, Philado'n in, Pa retilation. no E. FOR SA Kuhn & Co., Co, JUA Faller & © AD. Foster & Co. ¥ 13th & Douglas Sts. . Cor. 1th & Douglas Sts. puncil Bluffs, I, BLA ARE THE STRONGEST NONEGENU)NEWITHOUT tne 6/A LABEL. There are 100 €/A styles, each at its costy the beat you can buy, SMA Boker s Beat of Al &/A Extra Tent ranks noxt to §/A Baken 6/A Horse Biankets 80id by il dealess. CUBEB _ COUGH CURE IS A One Minute Remedy For all affoctions of the Throat, Lungs and Bronchial Tubzs CEPT CONSUMPTION 25 AND 50 CENTS. For Sale by Druggists. 0BE KILLER 1y KIDD'S GERM ERADIC ros all dosoasos becwuse It killy tho microbe or gorm. PPut upand retailed in §2.83 and 85 nzos, the Intter 1 gallon: pald ou recelpt of price or . 0. e. To pudlic trade and fobbers sap- A GENUINE MICR SATOR antee W plied by the Kins er Drug Com, Biichor, Howard Meyer and 5. Omaha; A. D, Koster and 11, J. il _— AMUSEMENTS. ’ New | eeasonor Thnatsr [ELEGANT COMEDY Soventeenth and Harnoy street Ttursday, Friday, Sat, , Jan, 28-29-30 Suturday ) Engazement of the an Stuart Robson and Company of Players in the Following Reportoire $1.30: —Parque $1.00 ana ) o Box 0 y. liceLs opon W FARNAM STREET THEATARE, wenciug Thursday, Ja Three Night, Co T WILITARY P AY, | Fannlo Gllletto as « A EAIR! |euiplioumsn oL REBEL. | mawd i Miworis MATI SATURDAY. FARNAM STREET THEATER. POPULA it PRIOE One Solid Matin THE MIONIGHT ™ ALARM. Vati' 031 Wednesday and atorlay, BEDEN MUSKE Week of January 2ith. s Sunday Retuined by request of our patrous, Gulstes ni DaOumes Ilusion, Ch wurch Choir Comedy Coneert Co, suted Plg and Smith & Fulier and One dime; no more, NEBRASKA National Bank. U.S. DEPOSITORY, . - Capital....... Surplus . uoqurllnd Direotors ry W. Vatey, president; C. Casbing, vice president. C. 8. Maurics W, V. ba 8. Collins, J. N. i Patrick. Lewls 8, OMAHA, NES $100,000 60,500 THE IRON BANK, Corner 12th and Farnam Sts. | PERCENT /@ INTEREST PAIDONDEPOSITS a7 OMAHALOANTRUSTCD. SAVINGS - BANK i fb it JUBEROWN - i