Omaha Daily Bee Newspaper, December 22, 1893, Page 5

AITCHOOCK WANTS 10 DELAY Doesn't Oare to Have License Question Brought to Speedy Determination. DESIRES TIME TO HARASS LIQUOR DEALERS Wo A Tike to Inspect The Mee's Books Refore Sabmitting alled Down by the Licente Roard— s Taction Shown Up. Own— Hitcheook's bogus cirenlation bluft was | worked for all it was worth at last evening's meoting of the license board, and he secured another twenty-four hours in which to swing his club over the honds of saloon keepers in | an ondeavor to compel them 1o cough up €325 apiece as the price of having their licenses granted without a protest The whole evening was Killed in a futile sparring for wind on the part of Hitchcock and'his attornoy, whose uneasiness seemed to beecaused solely by the manifest desire of the board o have the evidence introduced and the whole maiter settled once® for all, and the determination of Tur Bre management 10 crowd the contested case to a spoedy hoar- ing { Stulivs Request and Choel, | Commissioncr Cobarn was the only ab- sentee \when meeting was callod to order. A communication from lrnest | Stuht was read, asking the board to desig- | nate the paper having the lavgest circala- | don, and enclosing a_check for $13.25, which | 10 asked tho wd have his board to send to such paper shed. The bonrd | minediately decided that it was not in the | wdvertising business, and the secretary was | firected to rov e check notice pub! d for the and Commis- Commissioner Smith was excus: svening, leaving Mayor Jioners Hartnan and Steickler o stand tne | wtrain, | Hitcheock announced that the pro- | test against I'at had been | withdeawn, and the case against Fred | Metz, i, was takan up, Hiteheoek alleging | that the applicition had not baen published larg st edrculation, ation had peen pubhished | of Tur Bee. N, | | in the paper havine th and that th busins ralled s the tr he had brought t aper. He rept Viazor of 1IE ISEE, WAs awd was asked if virculation books of t L that he had not, and th i did not have access to the carrier depart- ment, ulation was icased b Wiliiams, who bought tho pupers and for them Attorney 1all insisted that the subpowmna catled tor the books and wanted to know if the witness did not intend to obey the order of tho board The witness said that he could not bring the city and South Omaha circulation books without the cousent of Mr. Williams, And then Mr. Hall waxed hot. Worii=¥ A d's Sehe Attorney Stmeral called attention to the fact that it was_tho intention of the World- Herald to forse Tus BEe to come in with its books and then come in with its showing at u subscquent ti Ho sala that Tue DBre was willing to show its books whenever the World-Herald made 1ts showing. “What do you expect to prove if the books are brought 7" asked Mr. Hartman. “Prove our case,” replied Mr. Hall. “If the board concludes that it has no power to compel_witnesses to attend, we might as weil quit.” That is what the board has concluded for two years in succession,” said Mayor Bem und he suggested that both sides submit vits. pad Well, we won't try our ease on afiday- | its,” snapped Mr. Hall, “for the party mak- ing the last afidavit has the best chance.” Mr. Feil said that subpanas were served on the World-Herald employes last year and | tucy refused to obey them. Mr. Hurtman | also recollected the same thing, and asked Mr. Hall if it were not o, but the World- Herald attorney said he could not rewem- ber. He said that Tng Bre had filed afidavits showing its circulation, but what he wanted was to see the books, and then if Tue Bee had more than the World-Herald the latter's case would fall. Mr. Feil said ho could not get the books. a8 thoy were lockod in the vault and he did uot know tho combination. Strickler wanted to know what the board was going to do 1f the wituess said he would not bring the books, as the board had no power to punish for contempt. Hall ad- mitted that there was some question as to how the rulings were to be cnforced. He confessed that ho didu't know how they were going to get at this if Tue Bee defied the board and refused to give orders for the books. Simeral said that Tng Bee did not refuse, but was ready to give the orders, but that 4id not get the books. Question of the Board's Authority. Hall contended that the board had the right to order the witness to bring the books, to which Simeral roplied that Tne Bee was ady to submit its books whenever the | Worid-Herald did the same thing. He said there was no need of another minute's delay, as Tue BER was ready to give the very best | evidence as to its ation. Mr. Feil was | ready to testify on that point, and that was all that was necessary for the purpose. Strickler said the board hud 1o right to enforce an order oven if it was issucd, but still Hall demurred until the mayor remon- surated with him for wasting so much time, Hartmun £aid that what the boara wantod to got uh was which paper had the largest cireulation, and it was a question how to gev that information witbout books or papers. Tt was the opinion of the legal minds on the bourd that it had no authority to compel the bringing in of the books, but it was de- sirable 1o expedite mat ind he thought the could be star vither books or aMdavits. Simeral said that it was the Worla-Herald's protest, and it was for that paper to show its circulation more and that of "Tur Brx: loss, Strickler cited the decision of the supreme court as to the sufiiciency of any publication, if iu gocd faitn, unless protested, in which case proof of bad faith was necessary. Then the wrangle over the admission of tho books was resumed. Declded to Oall for the Book Finally the board consulted, and then Mayor Bemis announced that an ¢ would bo issued calling on cach paper 2o bring in 118 books and file them for the inspection of the boara and either of the parties in the case, Havunan addressea his remarks largely to Hall, and said ne kuew nothing about the mass of legal points that the plaintiff was seeking 1o raise, but ho wanted it under- stood that the board was a business body and had to attena to the business of 200 300 people, and could not sit there hour after hour doing uothing, as it would result in blocking the wheels Lo a very emoarrassing degree, Strickler said that the board was unani- mous, and would insist on each paper sub- mitting its books atthe same timo as the other for inspection, Hull argued that he was fixing his case for the supreme court, but was reminded that the board was not a court, but & bus- iness body. The mayor explained that the order would all for the edition having the largest eir- culation, and the World-Herald contingent WAS$ 4l OBee up in arws. Policy of Deluy Evident. Mr, Rosewater said that it was evident that the intention wus to keep the matter hangiog fire for several weeks. and he characterized the move as an imposition on the applicants who had paid their money, and were now to be kept out of their licenses. He said it was the most out rageous 1mposition and jugglery ever sought 1o be practiced, and do- clared that this systemacic procras tination was solely for the purpose of making the saloon keepers cowe in and contribute to the World-Herald #.25, to which that paper had not the slightest legal claim. He denounced it as a most contempti- ble piece of business, und suid he would sooner dig iu the stroet than take a dollar of that kind. Ho said tho claim ubout a record on which 10 go to the supreme court was all wind, as the notices had been -ubfll]hsd l suly to Tux Evexine Liss, and if the“do- ciston of Judge Kaysor was raversed all of the publications would be {llegal. Mitehcoek's Tate of Misery. Hitchoook w moved to reply, and told how anxious he was to have the whole mat- ter settled. He gave the board a brief his. tory of his iast winter's misery when his intended relief bLill failed to relieve, And then insisted that whatever the World-Her- had dono was in seif-detense. He was tolling how much he had tried to @ for the saloon keepers, when Rosowater brought up tho South Omaha cases and took & fall out of him by springing the finding made by the supreme court on & stipulation betwoen the attorneys for the editors of the two papers, compelling & straight two weeks publica- tion. Mr. Rosewater saild that he had aliowed the matter to go along year after year with- out protest, and had lost $25,000 in ten years in this way, and had never cried about it. Mr. Hiteheook turned his attention to the board and said it was a high-handed out- rago the way the thing was run last year, and that the board had done the bidding of Rosewater for several years. Called Down by the Mayor, And then the mayor concluded to take & hand and call the gentleman down. He said 1t was an outrage for Hitchcock to make such a statement. He denied that the board was doing the bidding of ahy man, and said that 80 far as he was con- cerned he was neither doing the bidding of Rosewater or of any one else. Hitchcock sought to mol- lify tho oxecutive and retpacted what ho had said, after which ha tubned hisatten- tion to the mavor's suggestion that it would bo fair and squaro for each to submit afil- davits. Hitchcock said he did not have any faith in the aMdavits of Tune Bee and was not ready to accept SWorn Ltestimony. City Cirenlator Williams_had come in dur- ing thogross. ng and had been directed to get the books of Tur BeE, but at this stage of the pro fings Mr. Rosewater coun manded the order, saying that he had in- tendod to allow the books to be brougnt in, but after such insulting language he would not sont to it nd it would be necessary for the World-H 14 to go ahead and make out its case the best it could without them. Told that pring Wouldu't ¢ Hall began crowding roughly against the board again, when the m; rgave him a se- vere frocze with the statement that bull- dozing wouldn't vo. He sald he very much questionea the sincerity of the World-Her- ald’s professions that it would submit its books, as it had refused last year to bring them in, Then cam 1 dowr a lulland tho pr nd began over azain, ipauts all cool Mr. Rosewater said that it meanta big pense to go on in this wiy, and as it was cvidently the intention of the oppo- sition to keep cverything hanging fire for six or cight wecks ho | would not consent to the bringing in ot Tur Bee books. If there was any disposition to help the case along he would feel differcntly, but he would not bea party to this jugglery, Mr. Hartman said that the board w unanimously determied to follow along the line of the decision handed down by Judee Keysor, declaring thav every edition or a vaper was a separate and aistinct news- paper, lishers edition h and would 5o act until that versed. He then asked if the pub- would bring in the books of the aving the largest circulation. Books Will bo Brouzht In. This is tho samoe point that had been reached two hours before, and atwhich the World-Hearld had balked. Tt balked again, but after a whole cvening had been killed it yvielded, and the board passed a resolution orderiog the books brought in for three hoursut oclock tomorrow evening, when both sides will have an obportunity to inspect them. What the World-Herald was striving for was 1o get possession of the circuiation books of Tr MORNING BEE, which paper 18 not interosted 1n the controversy at all, and at the same time keep from dividing its cir- cutation and shnwing just what belongs to each odition. No subpaenas were served, lisher waived that formality oral notice. The World-Her ful in its effort decision as each pub- and accepted 1d was success- to kill time and secure fur ther opportunity to harass the saloon keepers beforo the test case is finally de- cided, but the board has coucluded that it wiil no longer countenance and that the protests with aue dil such procedure, nust be prosecuted ud promptness. SE PROTESTS, THOSE Facts Showing that Hitehcock Has Confidence of Uitimate Success. A few days ago the World-ITerald made a double-leaded announcement that its pro- prietor would protest the claims of certain applicants for liquor licenses. Among them were Fred Metz, Pat Ford and Mrs. Bank- hardt. The treatment of these applicants by Mr. Hitcheock since his threat w made shows conclusively that he has no coufidence of the ultimate success of his protests. As betore stated by Tue Bee. Hitchcock ®ffered to mpromise the matter in the Bankhardy caso if the latter would pay bhim $2 and in- sert the notive in the World-Herald. In that event tho protest procecdings were to be stopped. Up w latest accounts Hitchcock has been unable either to intimidate or compromise with Mr. Metz. Following is the story about how he got Pat Fora Pat Ford is the best known democrat in Third ward. Time was when Mr. Ford lutely held the vote of that baliwick in his inside pocket. But he tired of politics and has in recent years attended strictly to busin A fow days ago Mr. Ford insorted a notice of application for liquor license in Tug BEE Mr. Hitchceock, who DEInLS & newspapor, saw it and waxed bot. e threatened to protest Ford's license wben granted, because the notice was published in Tuk Bee and aot n the World-Herald But Mr. Ford lives in the aforesaid ward and of course was uot afraid. Yesterday an emplcye of Mr, Hitcheock met Mr. Ford on the strect and asked him to take a drink. Mr. Ford bas never learned how to decline. They drank and talied to- gether, and it didn't take long for the young man to steer the conversation to the sub- ject of publishing noti As is his habit, Mr. Ford expressed his ideas flatly, without aste of words. [esaid he had save £ in Tug Bee because he believed this paper had the largest circulation in Douglas county. In short, he stood pat. The young newspaper man could not touch him with counter claims of lar; circula- tion, 80 he took another tack. This is what he said: “Now, Mr. Ford, you ar World-Herald is & democratic paper. You may in the future be n candidate for mavor or for the council. You will want our support and you will want us a d—— sight ore than we want your $3.25 now. You annot afford to desert the World-Herald av this critical juncture. Mr. Hitcheock doesn't want 10 be compelled to fight you, but as a leading democrat and as the proprictor of test democratic paper in the west he believes he has a right to the publication of your license notice. Can you afford to ignore him 1" 1 hadn't looked at it in that light, re sponded Mr. Ford. “Do I understand you to say that if I publish my notice in the World-Herald now Mr. Hitencock will agree to support we for oftice the next time runt" 'hat's it, sir. That's right!" The bargain was clinched and the World- Herald printed the notice. ‘Thus is touch- ingly exemplitied the wondrous power of the press. No a democrat, The e Bad Baukers lndicted, InpuNaPoLIS, Doc. 21.-Nearly all night the clerks in the districi atiorney's office worked on the indictments in the Indianapolis National bank case. Chair: man Talbot of she United States grand jury has already reported several indictments, but what uames are on the list is as yet mere coujecture. Tho be- lief is strong that when the indictuients are mado public v surprise will be sprung. and that & number of names will be included which have not heretofore been wentioned in conpection witn the bank's irregularities. L Shot the Burglar, Cuicago, Dec. 21.-A burglar, who entered the resideuce of Alfred Luley at 105 Max well street shortly bofore miduight last night, was discovered ana shol by Luiey. ‘The police touk the burglar o the county hospital, where he died. It 15 said the burglar was Dick Heanshaw, a well kuown crooks OVER THE CASH Tnteresting Decision Growing Out of the Oapital National Failure. OWNERS OF DRAFTS TO BE PROTECTED l MUST PAY | United States National Bank of Om Ordered to Nettte with ©. W. firanch for Money Col- lected In This Way. Lixcory, Dec. 21.—[Special to Tie Ber.]— Judge Strode of the district court today de- clded one of the cases growing out of the Capital National bank swindle and his de- cision s likely to serve as a precedent for a number of similar character already on the docket. This case is one 1n wheih the Capi- | tal National bank of Lincoln and the United States National bank of Omaha were made defendants 1n an action brought by C. W. Branch, a traveling salesman. Shortly be- fore the Capital National collapsed Branch left with Cashicr Outealt a draft upon a St. Louts house for $941.34 for collection. The pital Natfonal forwarded the draft toits Omaha correspondent, which in this case hap- peaed to bo the United States National, The Omaha bank collected the money from the St. Louis house, but before it remitted the proceeds to Lincoln the doors of the Capital “National were closed. The Capital National wus owing the Omaha bank a considerable sum at the time of the failure, and the Omaha bauk simply gave the Lincoln con- cern credit on its “books for the amount of the draft collected for the traveling man. The latter could see no justice in such a procecding and he broughit suit against Yoth banks on the grounds that the draft was not left with tho Capital National for deposit, but simply for collection. The United States National came into court with a raquest to be relieved, but the court overruled the re- quest. By the decisionof this afternoon the court orders the United States National to pay over the amount to Brauch, on the grounds that the draft senton for collection bore the Capital National's collection num- ber and that the Omaha bank full and timely notice that 1t was_simply acting as the agent of the Capital National in_collect- ing the money. The United States National will take the case to the supreme court, hav- ing filed a notice to that effec! Make & Comparative Statement, It has been charged by parties here in Lincoln that the Home for the Friendless under the management of the lady manage has been the most expensive institution for which the state makes an appropriation. The lady managers naturally take exception to the charge and have prepared from the records n very completo statement of the comparative cost of the several state insti tutions. They havs taken the figures show- ing salaries and wages paid oficers, teachers and ewployes per annum per capita for tho six yours bogiining wivh April I, 1557, and ending March 81, 1803 Recapitutated the statement 1s as follows Lincoln Hospital for the Insane .. *Norfolk Hospital for the Tns Kearney Industriad Sehool ; Tustituie for the Fooble Minded Institute for Deaf and Dumb. Institute for the Blind ... Howme for thd Friend *Ave for four ye: The per capita cost for fuel and the same institutions for the was as follows: Lincoln Hospital for the Insane Norfolk Hospital for tho Insune Kearney Industrial School ... Institute for the Feeble Minded Institute for the Doat and Dul Home for the Friendless $ 79.99 ights for same period same institutions for the same period was as follows : Lincoln Hospital for the Insane Norfolk Hospital for th nsane Kenrney Industrial school Institute for the ble Mind Institute for the Doafand Dy Tustitute for the Blind...... Home for the Friendless. . ........ . 175.89 In the above calculations the accounts for the Home for the Friendless included all sums of money received not only from. the state,but from auxiliary societics and dona tions. Erom an Erring Husband. W. C. Mallory, the col who ieft his oftice, his wife and his creditors to run away with a colored damsel named ‘Pillie Sharpenstein, has finally been heard from. He writes his wife from Detroit, where he bas temporavily located, and asks her to come to him. May Yet Luild the High School, Last August a proposition was submitted to the voters of Lincoln to issuc bonds to the amount of $100,000 for the purpose of buiid- ing a high school. The proposition was car- ried by a small majority, the entire voto being light. Before the Board of Education could 1ssu0 the bonds it was enjoined from doing s0 by WilliAm Fullerton, who alleged that there were illegalities i 'the petition and that all the people of the disurict were not given an opportunity to voie upon the proposition. A temporiry restraining order was issued and arguments for and agaiust a permanent injunction were heard by Judges Strodo, Tibbetts and Hall. The court has rendercd a decision adverse to Mr, Fullerton, Ho is not satisfied, however, and will carry his application to the supreme court. 2d_ex-constable, TO RAISE 51 Scheme of North Piatte Citize Subject of Irrigat B OaALLALA, , Dec. 2L—[Spocial Tele- gram to Tue Bee.|--John Brawt of North Platte has made water filings from the North Platte viver for two large irrigation canals—one in Keith and one in Deuel county—for the purpose of irrigating the lands of the Ozallata Land and Cattle’ com- pany, containing 100,000 acres, and the Coe & Carter tract of (200,000 acres, and inter- vening lands. It 1s their wtention to col- onizo these lands in swall farms for sugar beet culture, as the soil is & sandy loam, very fertile and especially adapted to sugar beet raising. Assaulied by » Tramp, Nennaska Ciry, Dec. 2L—(Spoecial Tele- gram w0 Tue Bee N-A tramp callea at the residence of C. E. Hagrison today and asked for food. He was Swppliod, but was not satisfied and assauited Mr. Harrison Harrison ran him off the premises with 4 guu, Oceurrences of Lhis nature ing numerous, with no apparent remedy, Mrs. Yates complained o the sheriff Loday that her son Walter had stolen #130 from her. She had the mone n A belt around her waist and young Walter removed it and substituted pieces of iron. Tho boy wus captured and a part of the money recovered Hugh Burgess and Ralph Dwing, two boys, engaged in a fight yesterday in which | Burgess got the worst of 'it. He sought as- sistance from his big broher Bill, and woing to the school house called Ewing out and gave him & severo boating. Young Iwing was severely injured and a warrant was issued for William Burgess today, but be had left town. Allmirs st Tobias, Tosias, Neb, Dec. 21.—(Special to Tug Bex]—A United States deputy marshal came down from Omaha yesterday and ar- rested John Treteuka for bootlegging. A numerous portion of the citizens of Tobias have been taken to Omaha in the past month or 80 for bootlegging, but up to date no con- victions have been securod. The ocitizens who have been vermitted o remain at homoe are making guesses at what the final out- come of all this enterprise will be, ‘The ladies of the churches in this city are preparing to give all the little children in the city a Christmas dinnerat th Methodist iscopal church on Christmas. The ladies are busy prepariug their donations of pies, ¥s, ete., lor the dinuer, while Lhe business men ar putributiug liberally 1o the enterprise, which promises 1o be & graud success. Boault 0w wrunk. Dagota City, Neb,, Dec. 21, pecial 1ele- gram to Tug Bee.]—While returning frow Sioux City to Homer with a load of flour, Garreit Osborne, the driver, fell off the load and the wheels of the wagon run over him, breaking his leg and badly bruising his foot. He was toxicated D. C. Hedernan has tiled his answer iu the R BEE the s on distriot court of this county to the complaint of William Warner, who gontests his elec- tion to tha Judgeship, of thi6 ground of bal- lot box stuffing. Heffarn: enies all the ailegations in the compinint. By Hasrixes, Neb., Dec, 3 Bee.|—A quiet weadiag @ecurred last night At the residence of Mr. and Mrs. R. D. Lam- son in this city. The high contracting parties were Miss Josephine Blackburn, a sister of Mrs. Lamsoh, and Mr. Charles E. Bytkit, an aetive young- business man of Des Moines, The officiating clergyman was Rev. W. S. Blackburn of Axtell,” Neb,, father of the bride. Only the immediate relatives were present. The happy couple departed this morning for their home, which will be at 813 East Twelfth strect, Des Moines, Charged with a Ser,;ons Offense. Frewost, Dec. 21.—[Spacial to Tne Bre.] ~Ed Martley, living west of the city, was arraigned before Justice Huff this morning on complaint of Rosey Copley, aged 13 yoars, for assault. He pleaded for a continuance until December 28, which was granted and bonds fixed at §1,500, in default of which he was committed to the county jail Tho funeral of Hon. J. W. Love will be held tomorrow at 2 p. m. at which Rev. Tate of the Baptist church will officiate. The service will be held at the family residence ou the corner of Main and Tweifth streets. Disturbed Heatrico Cltizens. Beatnice, Dec. 21. —(Special to Tue Ber.] —C. E. Beavers, chief of the Crete fire de- partment, caused no little commotion in the city last night. About 10:30 he ran through the residence of Dr. Wells on Fifth street yelling tire. An alarm wassent in and the fire department turned out, but failed to find any fire to fight, In the meantime Beavers had been captured and turned over to the police and it was learned later through a letter from his father at Crote that the young man is somewhat unbalanced. Robbed the Trensurer. Kreanvey, Dec. 21.—[Special Telegram to Tur Ber.]—For some time past the jamtor of the court house has been having his 12 year-old son help him take care of the bu ing. The boy found some money in a drawer in the treasurer's office and took it The troasurer left some move money in the drawer and got the deputy sheriff to concex himseli and watch. After the oficers had left at night the little fellow went in to take itand was caughtand the father made the loss good. Annunl Officers Elected, Strowsnura, Neb., Dee. 21.—[Special Tal gram to Tue Bee.]—Stromsburg lodge, No. 43, held its annual election last evening with the following results: Master workman, G. S. Osborne: foreman, W. A. Post; overseer, W. V. Sharp: recor . H. R. Hardy: re- cetver, I, T. Buckley; financier, J. B. Buck- ley: guide, John Thompson : inside sentine O:. Netsell: outside sentinel, L. M. Woods trustee, B. S. Peck. Car Granp [snaxp, Dee. to Tum Bee.|—Mayor Geddes submitted a special message to the council st nmight recom- mending immediate action in regard fo the poor of the city. A committee of the council will act in _conjunction with the churches and benevolent societies for the care of the poor, and Grand Island will do all it can to prevent want and suffering. 15 Father's Will, Nenraska Ciry, Dec. 21.—[Special Tele- gram to Tue Bee.]—Dietrick Hillman today commenced suit to have the will of his late father set aside. The estate is valued at 215,000 aud bequests weve made to relatives ranging from $200 to 81,000, but Dietrick was cutoff with . The complainant alleges that his fataer was not’ competent 1o muko a will. Fire at Fairbury. Famnrry, Neb.,, Dee. 21.—(Special Tele- gram to Tne Be he Giolden Rule bazar caught fire at 1030 tonight. The goods and building were damaged tothe amount of $1,500; insured for §3,500. State Note Creighton will have anew opera house to replace the structure recently burned. W. G. Swan has been elected president of the Johuson County Agricultural asso tion. 'he Johnson County will meet in annu Januavy 9, 10 and 11, After being without a pastor for some time the United Brethern church of Broken Bow will soon secure a preacher from Ban- ner count Fillmore county’s Vigilant socicty has been called to meet at Fairmont Janvary 6, 10 elect oflicers and amend the by-laws of the organization. Mr. and Mrs. Cal Fisher of Waverly found their baby dead in bed in the morning. It had suffocated with the croup without dis- turbing the sleep of th Rey. Robert G esigned s position in the Platte irsutute at Kearney to accept a call to the assistant rectorship of St. Audrew’s church in Buffalo, N. Y, H. Schwada, a Mad farmer, sold a load of corn at Norfolkk and secured check in payment, but failed to have it cashed. And it was lucky he did. He left for home just after dark and just at the cast ena of Main street ho was held up by bold highwaymen and robbed of the contents of his pocketbook—only 50 cen The other evening Tom Peck, o farmer living six miles north of Kenesaw, hea some onc in his Rog pan, and thinking it was an autempt to steal took his gun and went out, but not wisiing to injure any one fir his gun in the air. The thief fired in qu return and aimed straight at Peck. The gun was loaded with shot and only one small shot hit him and without serious wjury, Tna thicf escaped and is sull at large Says the Nebraska City Press: General and Mrs. Van Wyck neyer forget the poor, and, notwithstanding they are now in Wash- inguon, they have written to the city re- questing that thedistribution of food, which has been an unfarling event of Christmastide with them, be continued this year as usual It scems that the general has already had arrangements made av his farm and on Christmas day a presentof food will be ready for every scanty cupboard in the ciiy. John Burkholder, an employe of James Shanahan, a Syracuse drayman, wanted s emploger to go to his home'and take a trunk to thedepot. When Mr. Shanahan went into the house to get the trunk Tiurkholder drew a shotgau on him and told him to pay him what he owed him or he would blow his brains out. Shauahan, not having the money with him_was marched through the streets to the Bank of where Burkholder proposed _that Sianahan should comply with his mild request. Cashier Horne suggested that the cun better be put Farmers iostitite 1 session at Tecumsch, up, as some one might get hurt holder thén placed the gun on doposit bank, and Mr. Shanahan thea had the collector o) resied for assault with iatent to kill, e ——— DROWNED IN TUE MINE. Escape for Threo Collieby Cat OF By Water trom An Old Workt g PorrsviuLe, Pa., ngc. 91.—A large body of water imprisoned in fhe old abandoned colliery which was worked by the harpers in Black Valley newroMinersville thirty years ago broke into thé Gax Hill colliery at the Deleware, one mile goptheast of Miners- ville last night, sbout d¢'clock, and three men who were at work in the gangway wero drowned. The victints ave: GILS PLOUNT, mincr, 6f Minersville, aged 53 yours, le: widow, JOSEPH STANICK oror, of Mine Hill B, leaves i widow, = == PAUL ALEX, luborer of Delaware. hirteen othiers were all at work i the gangway ut the time, but they were alarmed 80 escaped. —_— CUT THE PRESIDEN1 SALARY, Mow the Hartford Labur Union Would Meet the Natlonsl Deficion Haurroin, Conn., Dec. 21.—The Hartford Central Labor union last uight vigorously protested against the proposal of Secretary Carlisle to issue bonds to meet the deficiency of $25,000,00 in the Lreasury. 1. was Sug- gested that If necessary the salury of the president be cut down L0 mees Lhe emergency. A general move among labor organizations of this state o) ing the issue of bonds for this purpose will follow. i THE OMAHA DAILY BEE: FKIDAY, DECEMBER 22, 1893, IN THE HANDS OF THE JURY | Evidence and Arguments in the Benwell Oase Oonoluded. IT IS THOUGHT HE WILL BE HANGED Able Efforts or Attorneys on Both Sides in the Interest of Thoir Respective Clients—How the Pris- oner Feels, Puarrevovta, Dec, 21, —[Special Telogram to Tur Ber|~The koowledge that today's proceedings would surelr conclude the Ben- well murder trial brought out an immenso audience at this morning's session of court, which convened at 10 o'clock. Smith, alias Hill, convicted last week for complicity in the Akeson murder, again took the stand for cross-examination. His testimony ited nothing new except that he reiterated his statements that it s ho who haa the revolver and that it was ho who also con- cocted the plan to rob the Akeson family. Benwell, the prisoner, was next put on tho stand by the defense. Ho told that his age was unde and that he was born and reared near Ott Can. He left home at the age of 17, aud since then he labored at vari ous points in Minnesota, North Dakota and Montana., His story of tho crime was ex- actly as told in his confession, and the same as told by Hill yesterday. He said that Hiil fired the shots. The defense then sought to introduce the testimony of two physicians, Drs. Shipman and Rovert Livingston, to show that Ben- well possessed a deficient mind and that he was easily influenced, but the court refused to admit the testimony he aefenso then rested and the state put Deputy Sheriff Theodore Bennettof Omaha and Deputy Sneriffs John Tighe an Fitzgorald on the stand in rebuttal. Their testimony went to show that Benwoll ad- mitted to them at the Dourlas county jail thatit was made up between himself and thill, after their discharge by the murdercd farmer, to go back and rob the house. This testimony was introauced bocause Benwell on the stand denied thut they went to the Akeson farm through a vrearranged plot. Given to the Jury. This concluded the testimony for both sides and Judge Chapman adjourned court until after the dinner hout, to reconvene at 9 At the afternoon session Judge 2 o'clock Chapman read his instructions to the jury. and conciscly to He defined the law _clea the jurors and fully explained as to what should govern them in their deliberations. The judge was twenty-seven minutes i con- cluding the reading of the instructions. Byron Clark then made the opening state- ment to the jury oun behalf of the state. par- His argument was convincing in every ticula the and he asked for convietion be: evidence haa clearly proven the pris- s guiit. He occupied the attention of the jury for almost an hour. Matthew Gering followed for the defense in ono of his characteristic addresses. He argued that the state had no just grounds to ask that the same punish- ment be meted out to Benwell as was accorded Hill, and made a_most touching ap- pealto the jurors that they show mercy unto the prisoner. He occupied fully two and one-haif hours in s address and it was 4 maste y effort throughout. Only once, and that when Mr. Gering referred to Lis sisters at the home in Canada, did_the pr oner shed a tear. This was in marked con- trast to Hill, as the latter's breakdown dur- ing Mr. Gerlug’s plea of last week was com- plete. P Cainty Attorney Travis mado tho closing address” for the state. He occuied the jurors' attention for over an hour and his aiscourse was 4n able and argumentative one in every particular. 1t was then near to 7 o'clock and the jury wasat once re- turned to the equity court room to fix tue prisoner’s fat At the present writing, 10 p. m., an agree- ment has not been reached. Benwell has some sympathisers who think that he is not deserving of such severe punishment as was given Hill and for this reason public opinion iu u slight measure 18 divided as to what the verdict will ba. However, a verdict for hanging will oceasion no Beuwell was nervously pacing to and fro in his cell at the county jail when Tne Be correspondent saw him tonight. He stated that he feared the death penalty would be inficted and feigned not to care muchk which way it went. He insisted that the triul had been grossly unfair and he would not icel su prised if vhe verdict was also unjust. He was still indulging in Lis monotonous walk bacl and forth 1 his cellwhen Lux Bee cor- respondent left the jail. - i ey Sweet breath, swest_stomich, sweet tem- per? Then use DeWitv'sLittle Early Risers. IR NEWS bOK THE ARME. tion tor Framsfer to Corps Directed to Be Held, Wasnr oN, Dec. 21,—[Special Telegram to Tne Bee.]—A bourd of officers, to consist of Major Joseph i. Carson, surgeon ; Captain Robert Craig, signal corps; Cavtuin vames Allen, signal corps; Captain Julian M. C: bell, assistant surgeon; Captain George P, Seriven, signal _corps, 15 appointed to meet 10 this city on Wednesday, December 27, at 10 o'clock a. m., for the examination of such lientenants of the line a b ordered to appear before i view 1o a selection for transfer to the signal ¢ orps. Leave until Pebruary 22 is- granted Major John Brooks, surgeon. Examin the Siguat Pirst Licutenant John L. Sehon, Twenti- oth infuntry, will procced to Vancouver barracks, Wash., and report in person for duty to Brigadier General Ilweil S. Otis, partment of the Columbia, on days, to take effect on the completion of his duties at Jackson park, Chicago, is granted First Licutenant John 5. Kulp, assistant suvecon. “Phe leave granted First Lieutenant Bd- ward Llogd, Fifteenth infantry, is extended Lwo mouths, “The extension of leave granted First Lieu- tenant Zebulon B. Vance, jr., ki fantry, is further extended twenty da; The extension of leave, on uccount of sick- 5, 1o Major Samuel W, Whiteside, Seventh v, is further extonded three months, on accolut of sickness. 0 much of special orders of November 18 us relate to Captain Beojumin H. Gilun, ‘Thirteenth infautry, is so amended as to direct that, on being relieved from duty at the United States military prison, Fort Leuavenworth, he report in person to the commanding oficer, Fort Supply, OkL, for duty at that vost Captain Charles . Clark, ordnance de- partment, will proceed from Frankford ar- senal, Philadelphia, to Cramp's shinyard on public busincss pertaining to the ord- nance department. Major James Gillis, quartermaster, will proceed from St. Lobis to Jeffersonville, Ind., ou official business pertaining to the quartermaster’s department, ‘aptain Marcus W. Lyon, ordnanco de partment, will proceed from Providence to commanding D Lieave for se \ i ¢ washing-compound—Pearline. enth in- | ause and eioquent | the works of the Tnion Metalile Cartriage company, Briageport, Conn., on ofeial busi. ness portaining to the Insnection of ammuni. tion The following transfers in the Ninth cav- alry are made: Captain Louis H. Rucker, from troop B to troop (; Captain Walter fa Finley, from troop G to troop B. The oft cers named will join the respective troops to which they are thus transferred N i FOREFATHERS' DAY. Celebrated with Feast, Speech and Song hy the Congrogational Clab, e parlors of tho First Congregational church presented a holiday appearance last evening in honor of tho Forefathers' day festival of the Omaha Congregational club, A banquet began the entertainment, and the long tables wero gaily attired with holly and evergreens. Tho menu, which was of the old New Eugland fashion, was served by a bevy of young women arrayed in the old- fashioned caps and kerchicfs of tho Pilgrim dnys. Following the mesu was an enjoy- able program of toasts and music, over which Mr. W. H. Alexander, the president ot the club, prasided as toastmaster. The musical features of the ovening were sup- plicd by Misses Mabel Bradbury Main, Elsie Webstor and Grace L. Cronkhite of Tabor colloge, Miss Cronkhito acting as accompanist By way of introductory to the more intel- loctual features of the cvening Secretary Morris read the names of forty-three per: sons who - had been proposed for momboership siuce the last meeting two months ago. ‘Lhe secrotary also called at- tention to the fact that the Omaha festival nad been recognized by the Congregational clubs of San Francisco, New York, Chicago aud Concord, N, H, Mr. Alexander followed with adrief ref crence to the siguificance of tho oceasion and introduced Miss Main, who played a ballad by Roinecko, which served as the opening number. Some time was oceupied by the reading of letters from & number of prominent New Buglanders, to whom tavitations had been sent. The responses were uniformly exprossive of sympathy and good fellowship and were signed by Louise Chanaler Moul- ton, Nora Perry, Dr. Oliver Wendoll Holmes, ne G. Austin, Henry Cabot Lodge, Chartes Dudley Warner and Rev. Alvia K. 'Sherrill, D.D., aud others. Dr. Duryea vespouded to the t Forefathers. ~ “Puritan Influen, Woest' was discussed by R Powell The First Welcomo” was the theme of a witty and humorous speech by Rev. S. Wright Butler. ‘The closing toast was 1st, “Our i1 the ry J. responded to by Rev. Dr. I'hain, whos: theme was, “The Early New HEagland Chureh." Mrs. KKate R Hainsworth read an original poem of much merit recalling a similar ¢ bration ten years ago. —_——— GEURGE G, MAGOUN DEAD, Distinguished Ranker Dl in New York New Yok, Dee. 21 of Buriug, Magoun & Co. died last night at his home, 50 West Fourth strect. Ho had not been well for several years,and was startled a few years ago when a life msurance company refused to take his risk. The medical examination then showed that he was suffering of diabetes. He was advised by his physicians to drop his busi- ness and take a long vacation in Europe. This he did, and returned greatly improved. He was taken 11l again a few weeks ago, but was thought to be getting botter. Tne funeral services will take place Friday after- noon at the house. The burial will be in Mount Auburn cemetery, Cambridge. Was Horace Geeeley's At Wis Home e C. Magoun at 9:30 o'clock Pablisher. New Yok, Dec. 21.—Samuel Sinclair. for many years cashier and publisher of the Iribune. died _yesterday from pneumonia. From 1843 to 1858 he was cashier, and from 1858 to 1864 he was the publisher. In 1872, when Nir. Greeley died, he sold out his in- terest in the paper. Shortly afterwards he receivea an appointment ~to the United States revenue department, at which place hie was employed at the time of his death, He was 73 years old and leaves a widow and two childran, ——e———— AS BAD AS NEBKASKA OIL Sait Agaln t the Standard Company by an Insurance Company. Sax Fraxcisco, Dee. 21.—A peeuliar law suit has just been brought by the New Zealand Fire Insurance company against the Standard Oil company. Two years ago the oil company sold a certain quantity of coal oil to the retail dealers of Selma, Fresno county, representing it to be nonexnlosive and very safe with a fire test of 1502 Fah- renneit. The rotail dealers in turn sold the oil to their customers. Mrs. Mary Bell Brown, a housewife of Selma, was among the purchasers. When Mrs. Brown used some o1l in filling & lamp the kerosene ex- ploded and burned her house down. She was insured for $1,000 in the New Zealand company. Mrs. Brown has joined the in- rance company in a suit inst the Standard Oil company for the amount of her loss. The complaint allezes that the oil was found to explode at 852 Fahrenheit. It is reported otlier suits similar in nature will soon be flied, e IRUST LN WAGON W HEELY. wenty Manufacturers Have Mado Flans to Control Prices, Cureago, Dec. 2L—Plans have beon made here by representauves of twenty wheel manufacturers in the west for the formu- lation of a wheel trust. ‘The nuclous of the movement centers in the Standard Wheel company. This concern 1s 2 small st in itself. It has absorbed scven facto- , all the affairs of which are under one nagement, with Crawford Fairbanks Terre Haute, Ind., as pre: Thelr Mr. Fairbanks wanted the teen othel concerns to make business arvangement for the regulation of | prices. andurd comyany bought out | freight trains, “ My Trade - ) ) 7 = it ————— ¥ gives as a reason for (/= \ tne defunct American Wheel company, pe ing # price approximatine 10 $1,600,000. The thirieen outside companies reprosent & capi- talof over #3,000,000. T FOKTIFIED AGAINST TRAMPS, Southern Pacitie Freoights, It s Said, Wil Carry Armed Forces, Sax Frasoisco, Doc. 21.—C. F. Crook vico president of the Southern denies a published statement that the directors of the company here have deter- mined to put an armed force of men on their Ho says thecompany has uot determined what course to pursue in combating the tramp nuisance 1t is believed here, however, that tho Pinkerton wgency has perfected arrange- ments Lo put gun figh'ers on the Southern Pacitic, not only in California, New Mexico, Arizons and ‘Texas, but clear through w0 New Orieans, Armed men wero recently put on trains pulling out of Portland, Ore., or, Pacifie, but after & Lays wero taken off. 'About that time William Plukerton was in Suu Francisco. - will take anything I give them ; they believe what I tell them ; and I mean to sell them what I make the most on,” That is what one grocer actually selling washing-powders —imitations—instead of the original and best If grocers and customers were all like these, the millions of women who are now bless- ing Pearline would still be doing useless hard work. But wheri you come across such a dealer, don’t let him put you off with anything except Pearline. @1 JAMES PYLE, New York, o NOTHING STANDS AS HIOR, A Acremaly for every wo- manly wilmont, aa Dr. Ferves Favorite Prescription. Here is the proof. Its the only medicine for women o tain in its effects that it can uaranteed. In every case, it it doesn't benefit or cure, your money is returned. Can ‘any- thing else, though it may be bet- ter for a tricky dealer to soll, be “just as good * for you to buy! * Favorito Prescription” 18 an invigorating, restorative tonic, a soothing and strength. ening nervine, and a complets curo for all tho functional de- rangoments, painful disorders, and chronie weaknosses peculiar to the sex For young girls just entering womanhood; for women at #he ‘critical ** change of 1ife" for women approaching confinement; nure- ing motliers; "and every woman who is “run<down,"'tired, or overworked—it 8 & special, safe, and certain belp It you bave an incurable case of Catarrh, the propriotors of Dr, Sage's Catarrh Remedy will pay you 800 cash, They belicve thas THE GREAT This extraordinry Rejnvonator fs tho most wonderful dissovery of the age. 1t has been eudotsed by the leading sclentitic men of Eutope wnd America. Hudyan 18 purely’ vege- table, Hudyan ttops Promatureness oft o discharge duys. N Cures wone LOST AVTER MANHOOD Constipation, Dizzinets, Falling Eensations, Nervous Twiteh fio cyes and oiher parts. Btrengthens, 1nv s niid tones tle entiio systom, Huidywn cures Debility, Nervousters, Emissions, aid_cevelopes and 'restores weak organs, Pains i the back, loses by day ot night iire stopped quickly. Over 2,000 private endorsements. Prematurcness means impotency in the first stage, 1tisnsymptomof semninal weakiess and basrenness., 1¢can be stopped in 20 days by the use of Hudyau Tho new discovery wismade by the Epecial- fsts0f theold fumous Hudsen Medical Inati- tate, Itis thestroniest vitalizer made, Itis very powerful, but harmless. Sold for §1.00 & pnckigoor ¢ puckuges for €6.00 (plain sculcd Poxeer. Writthn guarantce given for n cure, 1€ you Ly six hoxesand are not entirely cured, &ix more will be sent to you free of all charges, Eend for elreulars and testimonials, Address HUDSON MEDICAL INSTITUTE, 1032 MARKET ST, SAN FRANCISCO, CALIFORNIA, CTOR SEARLES & SEARLES, SPROIALHS Chronic Nervous Privats and Special Diseass, AUMENT BY MAILL, Couwnltation Fre Wo ours Catarrh, All DI enses of tas WE i ///CURE 4 | Nose, Tiroat, J iest Stomach, Livar, | Blood, skin and Kidney Diseases, Fes | male enluessoy, iDst anhood Strioture, idydroosie, Verlorails, cto PILES, I'3TUCA AND 1Y ran Un gy without pain or detention from business. all on o7 addross with stamp for elrsii s, tray ural boolk wiid rucelpts, tirst stalrway south of I Dr. Searles & Searlss, 3Soufhen S, JOHNSON'S MACNETIC OIL! Instant Kliller of Pain. Internal and External, Cures RHEUMATISM, NEURAL~ GIA, Lume Bck, Spralns, Bruises o Sualiings, st Jotuts, © 0 and #ORAM DS Instan % ghus, Croup Diptiserta, Sore Throat, PR B 11 EADACHIE, a8 It by mugic. THE HORSE BRAND, Xk “ox [t for themost Powerful und Ponotr; mentfor Man or Beast in existence, Lurg ¢ 8120 d0cs JOHNSON'S ORIENTAL SOAP, Modicated and Tollet. The Great Skin Cure and Face Beautifier. Ladies will finl it o most delicate aul highly perfumed Toilet Soup on tho murkel. Itis absolutely pure. Makes tho skin 8ofs and velvety and rostores tho lost com= ploxion; it & luxury fur tho Bath for Infants, It alayé 'Htehing, cleanses tho scaip &nd promot tho growth of Linlr. rioawe. For saln by Kubin & Co.. Sole Agents, Omaha.Neb, PRESERVE Ygi!& EYE SIGHT, " 75 MAX MEYER & BRO. CO Bole Agents for Omaha. BATH OF BEAUT: d, rough hands, and ed by CoTi. st offective ekin et e e Ventive af Infiammution aud ciog 'Sold overy where, NKENNESS Fositively Cured tering Dr. Halies' Golden §pectll en 10 & 0up of cofle OF tea, oF In faod, Towledgn of o patient. 111 Stwclucely 4 will Eieot o Bermaniont and s ale wiidhiag the paciant s mad o S5 Sloonollo Mok 1 as Boeu §1van 18 {houssnds £ oasastaa s 0o 3 Borfeot oure i fole i With e B B for the liquor ‘rs, Clacln oo ve el o™ GOLDEN sPECIFIU 00, Prop' #8-page book of pariiculare ro Kubin & Co., Drugzists, 15th and Douslus Sts, Umaha, Neb. Btockholders' Morting. Oumaha & Elkhorn Valloy Rallway Co Notice i horoby given thit the aunu of the stockholders of tho ) & horn Valley Rallway compauy,for theelection of seven dirtectors wnd the transaction of such P business as iy ueotinz, will be lield at tho offic M. Thurston, Union Pacilic Neb., vpon Weanesday. ik 0 of John bullding, Omaba, 8rd duy of Jan- uary, 1594, at 10 o'clock u. . transfer books will be closed tem date of the meeung, Akkx MiLLag. Bocrotary. D 14d 20e The stock duys boforo th ston, Dec. A4, 1693,