Omaha Daily Bee Newspaper, March 8, 1894, Page 5

AGAINST AUDITOR MOORE Commissioner General Garneau’s Judgment Bastained by the Supreme Courte LONG DRAWN OUT CONTROVERSY SETTLED Prices Paid for ¥\ World's Fair Bl cumsta Clnims to Be Honored. Fnishing The be- LINCOL! to Bee.)--The tween Auditor March 7.(—Special long-drawn-out controversy Moo and Commissioner General Garnoau was ended this afternoon by a decision of the supreme court, befora which the matter had been brought for final adjudication. The case before the su- preme court In the shape of an appeal from the decision of the district court in and for Lancaster county. The supreme court decided against the auditor by aMrming the decision of the district ecourt. The grounds upon which the court decided against the auditor, as well as a history of the case, which is one of importance to the state In futu will be see Hn- briet summary of Chief Justice or opinion submitted helow “Tho _record ame before discloses that Joseph Garneau, Jr., the commissioner gen- eral for this state at the Columbian exposi- tlon, entered into a contract with the Henry Dibbles company of Chicago whereby tho latter agreed to furnish certain furniture, fixtures and decorations required for the Nebraska st building and the exhibits of this s » in the vanious exposition build- ings for th tipulated sume of $4,000. In pursuance of sald cont all of sald furni- ture, fixtures and decorations were furnished and delivered. Subsequently, under other contracts with the commissioner general, the Henry Dibbles company furnished and delivered on the exposition grounds for the use of the state in making its exhibits cer- tain other furniture and property for the stipulated price of $2,856. The aggregate of the several purchas is §0,856, on which there has been paid § and no more. The claim for the balance the account was filed with tho auditor, who allowed thereon $872 and rejected the remainder of the claim. A warrant was drawn for said last named sum, which the claimant declined to accept, but prosecuted an appeal to the dis- trict court. “Upon the trial in the court below the auditor ¢d not offer any,proof to establish the first defense interposed. On the con- trary, the evidence introduced by the other side conclusively established that each and every item specified in the claim presented to the auditor was actually furnished and delivered by the claimant to Garneau on the exposition grouds, and was used by the latter in furnishing and decorating the N braska state building and in arranging and making the display of the several exhibits of this state at the fair. The property and dec: orations so furnished were necessary for the proper carrying into effect the act of the legislature, Nothing further under this branch of the case need be said. “As to the form of the voucher submitted for audit and allowance, we do not under- stand_that the auditor now scriously urges this objection. As first filed In the auditor's offico the voucher was not in proper shape, in that there was no itemization of the articles furnished and the prices charged for each article. Subsequently, at the request of the auditor, the claimant brought itself within the above dectsion, for a_detailed bill was furnished the auditor which was attached to the orlginal voucher and presented for allowance. The voucher, with the exhibits thereto at- tached, when finally acted upon, was suffl- clont. Thero was evidence before the trial court given by credible witnesses which fully justified the contention of the auditor that many of the prices charged by the claimant greatly excceded the falr and reasonable market value of the goods and property fur- nished, and that under ordinary circum- stances they ought, and could, have been purchased at a sum which would have re- sulted In a saving to the state of several hundred doilars. There s also evidences which tends to show that goods of the character and class furnished the commis- sioner gencral by the claimant, as well as most other kinds of goods, were held and sold in Chicago during the exposition at extravagant prices. “Mr. Garneau in his testimony states, with reference to the purchase of the property, that he submitted plans and specifications for ostimates and bids to five persons in Chicago and two in Omaha; that the Omaha firms stated they could not offer a bid, from the fact that they could not do 50 on the de- tails without sending a man to Chicago to look it up; that three of the Chicago parties absolutely declined to bid, stating that they had more work than they could get done; that bids were received from two firms, that of the Henry Dibbles company being $50 lower; that he purchased the property de- scribed in the voucher at the lowest possible figure the goods could be procured at at the time the same were bought; and that the bill as rendered the state was the contract price agreed upon between, the witness and the clalmant. Upon the conflicting testimony the trial court decided against the state. Aa already stated, all the articles charged in the voucher were' urnished under express con- tracts, the prices being at the time agreed upon. Thers Is no sharge of fraud or collusion between Mr. @arneau and the claimant in the transaction, lor is there a particle of evidence in the %ecord upon which such a charge could be predicated. Mr. Garneau was the represen- tative or agont of the state, and as such, by virtue of the act under which he was ap- pointed, possessed the power or authority to purchase the goods In question, as well as appoint assistants and empioy such clerical and other help deemed necessary for the prosecution of the work. The state, in the absence of fraud, Is bound by the contracts under which the property was furnished. It is an elementary rule that a principal is bound by the acts and contracts of his agent within the scope of the agent's authority. And we do not know of any reason why the same rule should not apply to the state as well as an individual. Had no prices been agreed upon, then the state would have been liable for the fair market value of the goods and no more. The decision of the district court is affirmed.” The other judg Indians ghwaymen. DECATUR, Neb, March 7.—(Special to o Boe.)—Last Thursday White Weasle, an Indian living on the reservation northwest of this place, startod out with the intention of dolng some trading at Bancroft. When only a little way from homo he was accosted by two Indlans, known ag Henry and Stephen Walker, who demanded that’ he halt and give up his money. They were informed that he had no money and ex- pected to get credit at Bancroft for what groceries he wanted for his family. The assallants then demanded that Weasle give them whisky, but this request, too, was im- possible to grant. They then attempted to take the team, but meeting with resistance they threw him from the wagon, breaking both arms. White Weasle then ran to a house near by and attempted to keep out the two men, who had followed him, but they were determined to finish their vietim, and throwing him from an upstairs window, ho fell to the ground in an unconsclous state. Not yet satisfled they struc him several times with a hatchet, leaving him for dead. In the meantime his wife, at- tracted by the nolse, had followed and found her husband. It is reported that arrests have been made and that the offenders will be brought to justice. Killed While H HOLDREGE, Neb., March 7.—Special Tele- gram to The Boe)—E. L. Anderson, a farmer living nine miles northeast of Holdrege, was found dead in his cornfleld today, having shot himselt accldentally. He was 20 yoars of age and lived with his brother. Sat- urday night e took his gun and sald that he was goiug to ace a nelghbor who lived two or three miles distant, and that was the last seon of him alive. Tuesday night his brother went after his cattle and found Emil dead In the fleld. He evidently was hunting ducks on his way and had a dead duck firmly rasped fn bis left hund. In his right he had {s gun, with both barrels discharged. He 4 idently was leaning up against the gun at ls right side as the charge of shot entered of & Ducks. THI under his right arm and came out at the ‘ stitution 15 now in the hands of the State back of his neck near the spine, Death was Instantaneons. The 9-year-old son of Peter Plerson wrestling, had his right arm broken at shoulder joint Kansas Fugitive Captured. FREMONT, Mareh 7.—(Sp Bee.)—One W. F. Baker, who residence In this city about two weeks ago as arrested yesterday by Marshal Nelson in_compliance with a_dispatch from Sherift Baker of Parsons, Kan., on a charge of eriminal assault committed at that place February 18. He was committed to fail to await the Kansas officials; who are expected today. One Frank Ripley fs in the city jail awalt- Ing the sheriff of Douglas county om a charge of bastardy, A compiaint from the Woman's Christian Tomperance union was filed with the school board against the janitors of the district smoking about the school houses. They were ordered to abstain from the habit dur- ing school hours, Rev. Father Fitzgerald is In receipt of a letter from an anonymous source warning him that there fs a plot on foot to ass sinate him. The communication appears to bo in a lady's hand and states that she overheard two men discussing him and one of them declared that his death had been determined upon., The reverend gentleman does not appear greatly concerned over the matter and cannot conceive of the threat- ened violenee, A large delegution of Fremont Odd lows went up to Leigh last night to der strate some of the escellent work of tennial lodge to the lodge at that place. ‘red De Lamatyr and wife left for the Pacific coast this evening to visit friends and rolatives in that locality. A. Trues- dell and wife will leave in a few days. while the to The took up his Fel- on- on- Sehool Teacher BEATRICE, March to The Bee.)—Cyris B, who has been teacher schools for some time, was arrested and placed in jail last night to answer to a charge of stealing two horses, two carts, a lot of lard, hams and canned fruit, all the articles, except ona ho and cart, being taken from the premises of A Acom, near Filley, and the other horse and cart from W. W. Barnhouse of Adams. Miller does not deny his guilt and expects a term In the peniten- nder Arrest. 7.—(Special Telegram Miller, a young man in the Gage county o southwest Nebraska Grand Army of Republic will hold its annual encamp- ment fn this city tomorrow. Leading mem- bers of the Grand Army of the Republic throughout the state are hooked for speeches at the camp fire to be held in the Auditorium in the evening John Parker, found guilty of incest, his r being the, vietim, was sentenced afternoon in the district court and will spend six years in the penitentiary. the Round O March 7.—(Speclal to Murphy, the young FULLERTO; The Bee)—George W. man who shot and seriously wounded Charles W. Bailey, a young farmer in Prairie Creek township, this county, Sunday, was given a preliminary examination in Justice Dean's court toda Murphy was arrested by Con- stable Parker Immediately after the shooting occurred and taken before Justice Ginn of Prairie Creeld, before whom he pleaded guilty to the shooting of Bailey. About this time Sheriff Snyder arrived on the scene and the justico turned the criminal over to him. From the evidence adduced the court concluded that Murphy was not a safe man to run at large, and held him to the district court and fixed his bond at $1,000, in default of which he stands committed to Jail to await the convening of district court. Physicians report his victim in a serious, but not dangerous condition. Pretty Wedding at Alda, ALDA, Neb.,, March 7.—(Special to The Bee.)-—Last night the residence of Mr. and Mrs. John Fleisher was the scene of one of the pretticst weddings in this part of the country for some time, the participants being Mr. George Crawford and Miss Ida Fleisher of this city. The ceremony was performed by Rev. Mr. Martin of Grand Island. The bride was attired in a very becoming dress of brown silk. After the ceremony the guests were treated to an excellent wedding breakfast. Those present were: Mr. and Mrs. John Fleisher, Mr. and Mrs. J. W. Moderitt, Mr. and Mrs. G. E. Crawford, Mr. and Mrs. Charles Moderitt, Mr. and Mrs. C. A. Judy, Mr. and Mrs. J. M. Clark, Miss Mary Mahoney, Elmer Flelsher, 'W. H. Fleisher. Mr. and Mrs. Crawford took the evening train for the cast, to be gone for some weeks. ¥oul Play Suspected. BEATRICE, Neb., March 7.—(Special Tele- gram to The Bee)—Coroner Fletcher has been called to Cortland to hold an inquest over the body of E. Cressley, who died sud- denly and under somewhat peculiar circum- stances last Saturday. It is believed by some of Cressley’s neighbors that the old man was put out 6f the way after having been prevailed upon to make a transfer of the title to his farm to a step-son. Since the death occurred the deed has been pre- sented for record, and an order has been obtained from the district court restraining the register of deeds from recinding the same, there being some Irregularity in tho acknowledgement. It is not expected that the inquest will be concluded tonight. O'Neill Impeachment Case. O'NEILL, Neb,, March 7.—(Special Tele- gram to The Bee)—In the Skirring impeach- meyt case nothing of importance ocourred today. The entire day was spent in taking testimony, a large number of witnesses having been examined. It is the opinion among those who have heard the case that tho plaintif has not proven the charges made. The evidence was all in at 5:30, and the board adjourned until 9 o'clock tomorrow mornink, when the attorneys will make their pleas and the supervisors will probably take a vote tomorrow afternoon. Closed on a Mortgage. TALMAGE, Neb., March 7.—(Special Tele- gram to The Bee)—The Central roller mill, owned and operated under the firm name of J. G. Tangeman & Sons, was closed this morning by Sheriff Huberle, A mortgage deed was filled yesterday at Nebraska City to secure a claim of $7,800 against the miil by Becker & Tangeman of this place. This no doubt preeipitated attachment proceed- ings which were commenced today by sev- eral parties. The labilities are estimated at $15,000, and the mill property is valued at $16,000. Nebraska Postmaster Resigns, NEBRASKA CITY, March 7.—(Speclal Telegram to The Bee)—Postmaster F. B. Helvey today sent his resignation to the department, to take effect April 1. Mr, Helvey will assume the secretaryship of the Nebraska Live Stock .Commission company, with headquarters at South Omaha, as soon as relieved. His Tesignation has caused a scramble among democratic aspirants for the place. L TR A York Entertalnment. Neb., March 7.—(Special to The Beo.)—The cantata “Rose Maiden” was given at the Congregational church Monday and Tuosday evenings by the local talent of this city, Sixty volces, under the direction of Prof. J. A, Parks, and accompanied by Mrs. Mabel Jefferay, rendered the music to the satistaction of the most critical. 014 Sol YORK, er Lald to Rest. DAVID CITY, March 7.—(Special to The Bee.)—The remains of John I. Nelson, who died at Knoxville, Tll., were buried here to- day. The funeral was conducted by the Masonic fraternity, the Grand Ammy of the Republic acting as’ escort, the deceased hav- ing been a member of the post here a num- ber of years ago. Kiel GRAND ISLAND, March 7.—(Speclal to The Bee)—D. A. Rice, living seven miles northeast of Grand Island, was kicked by a horse last evening while leading another animal. The injury s 5o serious that may prove fatal. Throo at & Time. OVERTON, Neb., March 7.—(Special to The Bee)—Mrs. Otto Anderson of Logan pre- cinct gave birth to three handsome baby girls lst night, weighing five and one-quar- ter pounds each. Harrison Bank Fallure. HARRISON, Neb,, March 7.—(Special Tele- gram to The Bee)—The doors of the Bank of Harrison were closed today, and that in- $4,00 The Banking Board. Liabilities about with resources double that amount depositors wiil not lose by the failure. SUPREME COURT SYLLABI. Points Passed on by the Court in Deciding Cases Appealed. Following are the syllabl ¢ handed down by coln Tuesday Real against the declsions the supreme court at Lin rror from Fill- Opinion by Chiet Hone more county, Reverse Justice Norval. Where a plaintiff to an action Is desig- nated in the pleading and process by the Initials of his christian name, it Is not error for the court to allow him to amend by in- serting his full christian name. An action should not be dismissed be- cause the plaintiff's full first name is omitted from the title of the cause, until an pportunity has been given the party to cor- rect the defect by amendment. 3. The statute confers no authority upon a justice of the peace to sign a bill of ey ceptions in an action tried before him with- t a jury, nor can the evidence adduced in such a case be reviewed in the district court on petition in error for the purpose of de- termining whether it is sufficient to sustain the judgment. 4. In order to review the question of taxa- tlon of costs a motion to retax the costs must be made in the trial court, and a rul- ing obtained thereon by that court Barry agalnst Barry. Error from Dakota county Affirmed. Opinion by Chiet Justice Norval. In case an appeal fs t court to the district court, except in mat- ters of probate jurisdiction, the appellant must file, or cause to be filed, with the clerk of the district court of the proper county a transcript of the proceedings on or before the thirtieth day after the rendition of the judgment, and in case such transcript is not 0 filed within the thirty days the district court, upon motion of the appelle, may di miss the appeal and remand the cause to the county court, to be there proceeded in as i no appeal had been taken. 2. Affidayits used on the hearing of a motion in the district court, to be available in this court, must be incorporated in a bill of exceptions. Roggencamp against Error from Lancaster county. Opinion by Justice Harrison The evidence in the case examined and held sufficient to sustain -the verdict. 2. Objection to an instruction given by the court on its own motion considered and beld, that when taken in connection with an fnstruction given at request of de fendant to so present the issucs in the case, that althongh such instruction may h been defective and indefinite its giving was not prejudicial to the rights of the defendant. 3. Objections to the verdict of the jury in this case considered and heid, that the verdict was not so deficient or erroneous in either form or substance as to call for a reversal of the ease and that it was proper and correct for tho jury in the case, It being one against the individual members of a partne iip on account for articles of merchandise furnished to the firm, to return a verdict against one defendant or member of the firm alone and that the court did not err in rendering judgment on such verdict. 4. Objections to the form and terms of a verdict should be made in the court below at the time of rendition in order to be available on crror to this court. 5. In an action against the individual mem- bers of a partnership on an account for merchandise purporting to have been fur- nished to the firm, if the testimony shows that the articles were furnished to one of the persons composing such firm,- that the debt sued for was the individual debt of such member or person, a verdict may be returned against such member, and judg- ment rendered thercon against him alone. Mollyneaux against Wittenberg et al. Error from Clay county. Reversed and re- manded. Opinion by Justice Harrison. Where real estate consisting of certain lots and the buildings thereon is sold, and in the granting portion of the deed conveying the same a clause Is inserted stating that the property is not to be used for hotel pur- poses for two years; held, that such re- striction as to use of the property belng a limited one, was valld and not an unreason- able restraint of trade in view of the facts developed by the pleadings (the case having been decided upon the pleadings alone), and that such agreement was not within or covered by the prohibitions or provisions of chapter 9ia, entitled ‘‘Trusts,” Compiled Statutes 1893, 2. “A plaintiff, in replying to new matter ot up in an answer may allege new matter not inconsistent with the petition consti- tuting a defense to such allegations con- tained in (he answer.” Cobbey against Knapp, 23 Nebraska, 579. 3. Where a breach, by defendant, of an actually existing contract between plaintift and defendant is proven, plaintiff is entitled to at least nominal damages. 4. The pleadings In the case examined and held that the court erred in sustaining the ‘motion of defendants for judgment upon the pleadings and in rendering judgment for defendants thereon. Aldrich against Bruss. county. Affirmed. Ryan. An appeal from the county court to the district court ehould be .dismissed upon proper motion when the transcript was not filed within thirty days from the date of the Jjudgment and no reason is shown for the delay. Following Maggard against Duyn, 36 Nebraska, 862; Barry against Barry, de- cided this term. 2. Afiidavits used on the hearing of a motion in the district court cannot be con- sidered in the supreme court unless em- Dbodied in a bill of exceptions. Following Maggard against Van Duyn, 36 Neb., 862 Barry against Barry, decided this term. Slade against Sweedberg Elevator company, Appeal from Saunders county. Afirmed. Opinion by Commissioner Ryan. A compromise of honest differences wheres by a less sum than that claimed has been paid and accepted in full of plaintifi’s claim bars the right of plaintiff to insist upon a re- covery of the amount originally claimed by him. 2. Where there is suficient evidence to justify a finding that there has been an ©executed compromise of all differences bes tiveen the parties to the action, the judgment of the trial court will not be reversed. St.Clair et al. against Sedgwick et al. Appeal from York county. Affirmed. Opinion by Commissioner Ryar. An action against one in possession of real estate to restrain alleged commissions of waste thereon was properly dismissed when the court found from the proofs that no waste had been contemplated or committed by either of the defendants, 2. Where one has instituted proceedings to prevent the commission of waste upon real property and for general equitable re. lief, and the defendant in such suit who has 1 and proved his rightful possession of certain nursery stock growing on the premises to sccure part of the purchase price of said stock remaining unpaid; held, that the court in conformity with the prayer of said defendants answer properly decreed that such nursery stock should be sold on execution to pay the amount found remain- ing. due. Omaha Craig. Error from Dougias county. Opinion by Commissioner Ragan, When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligen or not, the determination of the matter is for the jury; but where the facts are such that all reasonable men must draw the same conclusion from them, the question of negli- gence is one of law for the court, G. T. R. Co agalnst Ives, 144 U, 8., 408; and authori- tles in support of this rule collated in opinion followed. 2, Whether alighting from a moving train constitutes negligence or not is a fact to be determined by the jury, taking into consider- ation all the circimstances in evidence in the case. 3. Negligence is a failure to do what rea- sonable and prudent ‘persons wonld ordi- narily have done under the clrcumstances and situation, or doing what reasonable and prudent persons, under the existing cireum- stances, would not have done. 4. Plaintift sued the defendant, a street railway company, for damages for injuries she alloged she sustained through the negli- gence of defendant’s scrvants, while a pas- senger on its cars. The car on which plaintiff rode was an open one, having seats crosswise and on oither side @ platform on which persons stepped in entering or leaving the car. the end of each seat was an up- right proviged with a handhold. Plaintif testified that on entering the car she Iy formed the conductor that she wished to Jen from the county Hargreaves et al. Afiirmed. Error from Nance Opinion by Commissioner Street Rallway company against Afirmed. OMAHA DAILY BEE: THURSDAY, MARCH 8, 1894 alight at Cass stroet, #/Which he answered: “Yes, ma'am;" thal When the car reached the Cass street crossing she rang the bell; the gripman applied the brake and brought the car almost to a stAnstill; that, thinking it would stop every inéfant--without using the handhold—she stepped on to the platform, atory to stepping.an to the street, when car camo to a full stop; and while in position and Ween the grip. he released the brake and sud acceler the, car's speed with a Jerk, which_threw plaintilt onto the street Held, (1) Whether plaintiff was guilty of contributory negligened in stepping onto the platform of the car while in motion, and in not using the handholds on the up- were questions of fact for the jury hat the jury's finding that plaintift was thrown from the plitform by the cause and in the manner she testified would not be sot aside as not supported by the evidence e *wo witnesses testified that sho stepped from the platform onto the street: nor because two Witnesses swore there swas no_sudden acceleration of the 1 of the car, and three witn®sses oy did'not observe any iy 5. The court will not weigh conflicting evidence nor pass judgment upon the oredt bility of witnesses. 6. Certain Instructions given by the trial court to the jury set out in the opinion and approved. 7. Such expressions as “slight” negligence and “slight want of ordinary care" shonld never be used in instructions to furies such expressions tend to obscure and confuse what should be stated in plain and concise language, 8. To qualify a person to act as a juror he should not only be unbiased and wunpro- Judiced against all parties to the sult, but he"should stand indifferent as to the succoss of either party thereto; and a person called a8 a juror who testifies that his cquaint- ance with one of the parties will Intorfore with his Judgment and finding in the case should be excused, Hunzinger against tor from Douglas Opinfon by Commissioner Ragan, The proviso in section 1, chapter 1 Compiled Statutes 1593, that “provided sucl {county) board shall ot have power o issuo any license for the sale of any liquors In any city or incorporated village or within two miles of the same,” is not obnoxious to any provision of the constitution because the inhabitants living within two miles of the corporate limits of the cities and vil- lages of the state, situated In counties not having 150,000 Inhabitants, are, by such pro- viso, deprived of the priviloge of having the sale of liquors licensed within their ter- ritory. Plueuler against State, 11 Nebraska, 547, reaflirmed 2. The legislature, in the exercise of the polico power of the state, may not only con- trol the license and sale of intoxicating liquors therein, but may entirely prohibit such license and sale. 3. The proviso in sald chapter 1, that “provided in counties having 150,000 {nhabitants, the county commis- sioners may also Issue ‘lic two miles of any city in_said " 18 not obnoxious to scction 15, of arti of the constitution as assuming to “regulate county and township offices;” nor is siad proviso obnoxious to said constitutional provision as class or special legislation. 4. An act of the legislature will not be declared special legislation, within the mean- ing of the constitution, solely because at the time of its enactment there was only one county in the state to which its provisions were applicable. If the law is general In its terms and restricted by Its terms to no particular locality, an operation equally upon all of a group of objects, it is not a spectal law. McClay against City of Lin- coln, 32 Nebraska, 412, followed. 5. To an indictment for selling liquors in this state without a license it is no defense that such sale was made at a timo or place, or under circumstances which rendered the procurement of a_license impossible, Soehl against State.. Error from Douglas county. Affirmed. _ Opinion by Commis- sioner Razan. On authority of Hunzinger against State, decided at this term, the judgment in this case is affirmed. Shannon against State. las county. Affirmed. sioner Ragan. On authority of Huiizinger against State, decided at this term, the judgment in this caso is afirmed. Rowels against State. county. Affirmed. sioner Ragan. On authority of Hunzinger against State, decided at this term, the judgment in this case is affirmed. L SOLD THEM TO MUSEE. by man, denly spe swore State of county. Nobraska Affirmed section 1, in said Error from Doug- Opinion by Commis- Error from Douglas Opinion by Commis- Moore Baker Turns Over the Bed Whercon His Wife Was Murdered. NEW BRUNSWICK, N. J., March 7.—Rep- resentatives of a New York museum visited Franklin park yesterday to secure the bed- room effects in the house of Moore Baker, where his wife and child were murdered by Willard Thompson and Henry Baker, alias Pierson, who were in turn killed by the fren- zied husband and father. Mr. Baker, without any show of feeling, took down the bed and crib, rolled up the bed clothes and his wife's night dress and turned over all the articles, together with the axe and shotgun, to the museum representatives . He was paid a round sum for the effects. Baker had in- tended burning the things, but was pre- vailed on not to do so. The scene of the tragedy will be represented with the figures In wax., To Take rouble. ALBANY, March 7.—Senator Mullin today introduced in the senate a resolution provid- ing that the senate commitiee now investi- gating the elections in cities shall have their power extended so that the election in Troy and the murder there yesterday may be in- vestigated. —— PERSONAL PARAGRAPHS. J. G. Tate of Kearney was at the Millard yesterday. S. J. Johnson of Minden is stopping at the Merchants. George Rogers of Lincoln was at the Ar- cade yesterday. B. J. Rogers of Grand Island is registercd at the Merchants. W. C. Davis of Lincoln was at the Mer- chants yesterday. 0. M. Walling of Leigh Arcade yesterday. Alex Johnson of McCook was an arrival yesterday. C. C. Clapp of Shelby, Ta., Mercer yesterday. Q. B. Pollard of Cambridge stopped at the Arcade yesterday. E. A. Millay of Springfield stopped at the Arcade yesterday. J. H. Erford of Sey Millard yesterday, B. 8. Clark of guest last evening. 8. M. Nevins of Kearney guest last evening. T. I Sheede of Seward patronized Morchants yesterday. C. B. Brady of Fullerton stopped at the Merchants yesterday. F. F. Turner of Chadron the Dellone yesterday, W. F. Clevinger of Arcade guest yesterday John S. Hoover of Blue Hill was a guest at the Mercer yesterday. A. A. Abbott of Grand Island registered at the Paxton yesterday. J. J. Buchanan of Hastings registered at the Merchants yesterdla. F. H. Conuor of Crete was among the Paxton arrivals yesterday. Miss Rose Dicker has returned after an extended trip in the south, J. Decius of MecCool Merchants guest yesterday. Griff J. Thomas, wife and son, of Harvard registered at the Paxton yesterday. Clay Lambert of the Ole Olsen registered at the Morcer yesterduy, C. W. Plerce and J. M. McClay of Lincoln registered at the Mercer yesterday. 3, C. Clapp, president of the Citizens bank of Shelby, la., was in the city yesterday. 8. A. Scraiton and wife of Gothenburg were reglstered at the Arcade yesterday. Frank E. Helvey and 0. C. Morton of Ne- braska City were stopping at the Arcade yesterday. John Skinner, J. 8. mussen of Herman Arcade yesterday, patronized the Arcade was at the d stopped at the amford was a Dellone was a Paxton the registered at Alnsworth was an Junction was a company Dofter and Ras- were registered at the HIS APPEAL FOR PARDON, [ Sends rosidont. Joseph Donjan, ghteen months in for sending a postal card to Vice President Stevenson, has written to President Cleve land asking for pardon as follows “Begging pardon for addressing you so, but I fecl as only ono who fs Innocent focl. The old question over again- why 1f John Sherman is honest did he not appear against me, or why was I not tried before the senate? Now, for justice's sake read over the letters written by me to the different senators, also to yourself, and say it T was not willing to prove with legal evidence anything that looked like a charge I say now cursed be the hour when [ en- listed myself in such service. 1 say cursed be my own brains for having thought them- selves more intelligent than the thought of the population of the United States, and I say devil do I care how many Crokers, Sher- , move this country whon intel ence 15 & worse crime than stealing a mil- Threatening Lottor Writer Another Epistle to t BALTIMOR who was sentenced the Maryland threatening March 7. to el penitentiar can “WHl T also that will let me degrade mysell so swear that 1 all neve Godforsaken and red soclety-blessod country of liberty? I promise o never write a newspaper, or will I otherwise bring myself in the foreground unless it is to L o my own interest without disturbing ther people. Liberty is health to me, onfinement will soon prove my destroyer. I ask mer find_an_obliging oft when I humbl that I am willing to or try to serve this president and = BISHOP COXE WRIT He Requests Mgr. Satolll to Pray Suffering Flock in Lepanto BUFFALO, March 7.—Bishop Coxe has written another letter to Mgr. Satolli in which 147 says the next presidential contest will not turn on silver bills and custom houses and nominations to office. “All signs point to a restoration 1GAIN, for s of the land of Washington to the maxims of Wash- | he and his They have expositions ington and the constitution as contemporaries understood it. had enough of your gratuitous and too much of the practical commentary upon them furnished by your allies; by Messrs. Sheean, Hill and Maynard, vs the American people. The bishop then devot the discussion of the Jesul follows “With all my heart I wish you the bless- ings of God if you are now disposed to reflect upon your great commission as a Christian bishop. Do let our polities and politicians one and, at least, do pray for your suffer. ing flock in Lepanto. That therc is such a nd that your archbishopric is not aginary, I have assumed to be the case. If it is a reality those ancient canons and constitutions of the church which are still honored and exemplified in my religion, might justify an inquiry. Why do you not reflect that a good shepherd has no right to be absent from his flock so long?” e ARTED IN EARLY. two columns to and closes as SHE 8 Extraordinary Careerof a Woman of Only Twenty-One Yours. BOSTON, March 7.—Mrs. Iarriet T. Belcher, the wife of a wealthy Brockton shoe manufacturer, and Ed A. Stiles, a printer who has a wife and several children, were arrested at 47 Myrtlo street, where they had been living as man and wife, and in the mu- nicipal court were held for the grand jury. The arrest adds another epoch to Mrs. Belcher's phenomenal carcer. She is a very handsome woman about 21 years of age and was married, when but 15 years old, to C. B. Belcher. Her married life was unhappy and she ran away to this city. She repented and was taken back. A year later she again ran away. She came to Boston and the life she led has led to the breaking up of three promi- nent families in Newton and Alston. Soon after she eloped with Head Waiter David Roberts of the Hoffman house, New York, and spent $1,600 which she obtained from.her. mother. -Roberts deserted her in Philadel- phia and she came back here. Stiles met her a short time ago, became Infatuated with her and as a result of numerous quarrels his wife left him and went to her home at Bing- hamton, N. Y. Since then Stiles has been living with the Belcher woman. Mrs. Belcher's husband and relatives of Mrs. Stiles caused thelr arrest. 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