Omaha Daily Bee Newspaper, March 28, 1894, Page 8

8 EU[I,I) NOT CATCH HIS EAR Mr. 8ime ral's Chase After Certain Auricular Apparatus that He Devised, ANOTHER TUSSLE WITH JUDGE SCOTT d Three In the Percival Contempt ch n Frultless Effort Was ve the Court Record -~ Court Cullings, When the criminal section of the district court, presided over by Judge Scott, vened yesterday there was another chapter added In the case wherein W. D Percival, The Bee by Beott with being gutlty The bailift had ' rapped the clerk had brought the into the The Judge bench and the jury in t o of the state agalnst Anton Berneker, charged with re celving stolen property, was in the box when E. W. Simeral of the attorneys who represents Percival, attempted to address the court, but was given a freeze that made him feel for tho time being that he was in- side of a making machine full report of the proceedings is as follows Mr. Simeral—If your honor please, unless the clerk is golng to read— The Clerk—l am not going to read any- thing. Mr. Simeral—I wish to call your honor's attention to the fact that yesterday morn- ng your honor instructed the clerk to place an exception In the records of Saturday I understand that order was afterward re- seinded and I would like to ask that it be made—that ex tion be placed in the record as your honor instructed the clerk yesterday. We think that is Important in the rights of our client The Court—I have called the this case, We will defer that, There is a meeting down in Judge Bl court respecting the death of Mr. Esta- brook and I am requested to go down there— Mr. Simeral begged the pardon of the court and stated that he would wait until the judge returned. The court was absent from his room some ten minutes, and upon his return Mr. Sim- eral made an effort to catch his judicial ear, but without any succes as the following stenographic report of the proceedings will show: Mr. Simeral—If your honor please, I have & motion in the Percival The Court—I will not entertain ft. meral—I think it is important. ourt—I will not entertain it. I have Mr.” Simeral—Your honor said— The Court—I will not hear you now. I will hear you in_the course of a few days. Mr. Simeral—Will your honor sct a time? The Court—No sir. I do not know what time to set now Mr. Simer ‘our honor, this is important #0 that we can get the journal correctly fixed. Of course T desire o have this cor- rect, as your honor said you did. The Court—I won't hear another word. Mr. Simeral—This is important and 1 would like to be heard at the present mo- ment. Ignoring Mr. “Procecd with 1s the defendant? The defendant is the county attorney. ot o be bluffed Mr. Simeral asked: “Will your honor hear this tomorrow morn- ng?" The Court—I can't tell. Mr. Simeral—Saturd; honor has ord 4 thi sentence. It s necessary fore that time. Ignoring Mr. said e state can to the jur: Mr. Simeral—Your honor. The Court—All of these 1 attended to at the proper time. Mr. Simeral—I think this is the proper time that yesterday's journal be fixed as your honor told the cler Your honor told the clerk in open court to make the entry and then told him privately not to make it. We— In an angry tone of voice the court re- plied: ““Perhaps you will force this court to act and perhaps you will not."” Mr. Simeral—I am here to represent the interests of my client, your honor. We should like to have an explanation why the journal entry is not made as the court ordered yesterday morning. With a wave of the hand Judge Scott motioned Mr. Simeral away and instructed the county attorney to procecd with the case which was on trial. ABOUE IT, reporter, 18 charged of contempt for order and court Journal room was upon the one an jurors in howey Simeral stated: Whe the court on trial, not present,” replied morning your defendant up” for o itear this be- Simeral again, the court make its statement tters will be STILL TALK City Attorney Connell Relieves Judge Scott Should Be at Once Ren L. City Attorney Connell—I know nothing regarding the recent contempt cases ex- cept as reported. If the reports are correct what has occurred is to be deplored. Judge Scott is a disgrace both to the bench and bar. I cannot help, however, taking a somewhat lenient view of his ac- tions, for I do not consider him entirely re- sponsible. In fact, he is badly oft his base. As I sald to him soon after he was nomi- nated, he is no more fit to go on the bench than he Is to go to heaven in a balloon. Knowing this to be true, I opposed his elec tion and favored Judge Wakeley, who unfor- tunately ‘was defeated. Judge Scott's wild and erratic utterances and actions 1 him a dangerous man to clothe with judic power, His constant craving for the spe tacular leads him into fro essary Invective against re wrongs and enemies. I see no other wa than to adopt the suggestion of The Bee by calling another meeting of the bar with a view of securing his removal. This is not only due to the legal profession, but to the taxpayers of the state who to foot the bills for maintaining our courts. It woul bo good economy to pay the salary of Judg; Scott to the end of his term and allow other judges to do the entire work. future “reversal by the supreme court cases tried hefore him will demonstrate truth of this assertion R. W. Patrick—I sat in the during the Perelval proceedin such actions should be possible on the part of one clothed with the ¢ y and power of the judicial office. The article pub- lished in The Bee morited condemuation, and the punishment of its author, if untrue, as it presumably w » being no facts et forth to substantiate the charge that Jardine had a ‘pull” with the court Yet the manner of conducting the prosecu- tion, the attitude of (he court toward the counsel for the accused, the manner of the Judge, his expression, words and looks, wers reprehensible in the highest degree. o proceeding was absolutely without judicta dignity, thus inducing the very feeling in the community which it was the avowed abject of the court to prevent Clinton N. Powell-1 would rather talk on the subject, as I must protect the interests of my clents in every way that I can, but I think a w Mhere fs but one’ opinion among regarding this matter. Judge Wakeley—I do not think it adyisable for me to talk about this matter at this time. The time may come later when 1 shall deem it proper for me to express myself. I was on the bench for several years, and at ons time Judge Scott and I were opposing candi- dates. For these reasons I might be criti- cised 1t 1 were to speak as 1 feel on this subject. Of course, I have my own ideas a3 to how these things should be conducted, but I would rather not talk about the mat- ter just now. W. H. De France—The action of Judge Scott was unprecedented, and I do pot hesitate to pronounce it a high-handed out- rage, the like of Which I never saw or even heard of before. The matter of changing the record In the case, as published in this morning's Bee, 18, if true, even worse tham the other, as it shows a dosire to fix up a flctitlous record for the purpose of convieting & man, whether or no. Judge Scott seems o go on the theory of the advice of the « Irlshman to his son: ‘“‘Whenever you see a bead, hit It.” Judge Doane—J served on the bench with The of the court room amazed that not lawy Judge Scott, and 1 do not wish to say any thing that he would take unkindly, Perhaps it is best for me not to talk about the mat ter just now. If the statements as to what ocourred are true as published, and those who were present tell me that they are there were certainly some very peculiar things connected with the matter. I have the kindliest feelings toward Judge Scott and I wish that he had taken another course and de ifferently M. L. Learned—The course pursued by th court was unwarranted by any accer principle of law, right or Percival might have gone too far in ma ments he did, If it Is true that he wrote article, but Scott went more than too far in the other direction. Percival was certainly entitled to a defense, but this was denied him, and he was found guilty without its even belng proved that he wrote the article in_question F. A. Brogan—A worse wrong was commit ted In the court room last Saturday morning by Judge Scott than was the contempt itself. The court acted the part of prosecuting wit ness, prosecuting attorney and court, and fractured every cornerstone of the tution J. L. Kennedy fair for the def right guaranteed represented by « The idant him proceedings were un- was deprived of the under the law to be unsel, and he was not ac corded a full and fair hearing. I do not object to the attempt to find out whether or not Perdival was in contempt, but I do t to the manner in which the proceed were conducted. A Judge should wait until he 18 cool and fair enough to give an impartial tria No man can ever afford to be unfair on the bench J. B, Kelby—The c case was outrageous. Judge Scott has a violent temper, and when he {s crossed there scems to be a little devil inside that he is unable to control. The exhibition in the court room is to be regretted. Q J. P. Breen—The proceedings were irregular, to say the least, and I s0 ex- pressed my opinion at time! It was something very unusus the court to make a statement of as against the defendant, and I certainly could not approve the procedure of asking the defendant as to his guilt after he had been condemned by the court B. Shecan—The proceedings were dam- \d the action of the court in the extreme. alk about rights and things of that Kkind! It m 5 a man wonder what they are like, and at the same time wish J it have them in unj dings were child- of self-control on the part of the court. What Judge Scott did Saturday morning is bound to be reversed, as the judgment in a contempt case of this Kind may be reviewed by the supreme court same as any other criminal The court was wrong in the Jardine and the action could not be too se- verely eriticised. 0 the whole thing as exceedingly unfortunate Judge Lake—It was disgraceful. T w there for a short time, but left after satis- fying myself as to what was going on, for I did not want to see it. I was on the bench for years, and at one time had ten counties in my district, but I never saw anything like it before. 1 had all Kinds of attorneys pra ticing before me, but never had any trouble. 1 always found the attorneys dis- posed to stand by a court that treated them decently. s 100 bad that attorneys have to practi > a court where such con- duct is indulged General J. C. owin—The proceedings were disgraceful and “the conduct of the court outrageous. It is fearfully unfortunate that such_things could be. A man cannot sit on the bench and shoot a man and call it a judicial act, neither can he perpetuate any other wron and shield himself behind the court. That position was never intended to give one man the right to insult another simply by taking advantage of it. The mere fact that he sits on the bench does not shield him to the extent of making wrong acts right, T. B. Minahan—The proceedings were ridiculous in one light and ceful in another. It was a most outrageous abuse of the discretionary power of the court, and the rulings would not be sustained by any supreme court in Christendom. I regard it as very unfortunate that any such thing should come up, as it s a reflection on the entire bar. Judge G. W. Shields—The whole conduct of Scott was outrageons and not according to law. He should have listened to the read- ing of any answer set up, and should also haye accorded the attorneys for the defend- ant a hearing. Not to do so was certainly oppressive. 1 was not present at the time of the occurrence, and base my judgment on the stenographic report which appeared in The Bee, and which, I informed by those who were there, was cc 3 uct of the Percival very Two Criminal Cases, In the criminal scction of the district court the case of the state against Anton Berneka fs on trial, where the defendant is charged with having induced Shepard and Bennett to steal goods from the cars of the Elkhorn road, after which it is alleged that he received and disposed of the plunder. Both Shepard and Bennett have pleaded guilty to the stealing and have placed the blame upon the defendant, who is now on trial. N In the case of the Commercial National bank against W. C. Coffield, the forger, who was convicted and sentenced to a term in the penitentiary, a stipulation has been en- tered, by which the civil case will be dis- missed. The conditions of the stipulation are that the plaintiff is to have $1,200 of the shed and that the other property ed. In Honor of General The attention of the district bench v te the fact of the de; ne Estabrooke, and immediately Judges Hopewell, Blair, Key met in court room No. 4 presence of a large number of attorneys. they appointed Attorney Wakeley, J. M. Woolworth, George B. Lake, George W. Joseph R. Clarkson, Herbert J. Davis . Baldwin as a committee to draft suita resolutions to be pre- oting of the bench and bar It wa is to be rel stabrook. members of the lay called to al Experience thereafter or and Scott where in the Doane, and C. and report sented to a m to be held at some subsequent date, suggested that the courts adjourn durlng the time of the holding of the funeral. The judges stated that they would take judiclal notice of the suggestion and that they would issue an order regarding adjourn- ment. Minor Court Matters. Thomas, Alice and M ot M thelr guardian, John A. Mci ne, the time being tied up the prop provement of Lake street, from Thirtieth to Military avenue. They have gone into the courts, where they have secured a tem- porary restraining order, enjolning the city from opening or widening the street and also enjoining the collection of the special tax of levied for doing the work. Tho plaintifts allege that they are the owners of some ac property lying along the line of the street. The case willl be heard by Judge Ferguson, who has fixed upon March 81 as the date for the arguments. P travellng without a bottle of It cures a b se at once. 26¢, - -~ , Hayden Bros. Speclal announcement of sales for Wednes- day will be found on the Gth page of today's baper. ne, by have for sed Im- Do not g Salvation Oil Grinding: Raz rinding: Razors, shears, cutlery and ed tools. I S. Stanfleld & Co., 1518 Dodge. A THE _OMAHA DAILY BEE:! WEDNESDAY, MARCH [CITY COUNCIL PROCEEDINGS Atfempt to Force Electrio Franchise Ordi- nance to a Vote Signally Defeated, MADE TO LIE OVER UNDER THE RULES Hascall Prevents Reading of a Letter from Pardee — Cowglll's Reappoln an City Electrician Rejected -Board of Henlth's Jurisdictic ment Incrensed. council ground out routine business In order to clear the desks and pigeonholes and get things in shape to leave, in anticipation of the junket to the Midwinter fair. All reference to electric lighting was de- ferred until just about the when it came up In connection with ordi o8 o1 first and final readin The first flurry was when Elsasser introduced an ordinance call- ing for the repeal of the ordinances grant- Ing franchises to the Sperry and Omaha Thomson-Houston cc , and two other new ordinances granting to the New Omaha Thomson-Houston company and to Pardee & Co. franchises which were alike. for the purpose of put- ting each of the companies that would be doing business In the city on the same foot- close, all and Wheeler were at once in arms nolsy protest. Hascall safd the had already declared itself unani- mously as opposed to the granting of an: more speclal chises to certain parties or corporations. Wheeler declared that he would not vote for another franchise that was not prohibited from assignment to an other party, company or individual. he regular order was pursued, however, and the ordinances were all referred to the dual committee that passed on the former ones, counell ght came on again a few minutes later, when the Hascall “general” ordinance came up for passad® on third reading. Elsasse it was out of order as it had been introduced but a week before. Hascall insisted that it was merely an amendment to the Pardee ordinance intro- duced March Burkley made the point that it had been introduced as a_substitute composite ordi- nance to take the place of all the former ordinances, among which were ordinances introduced March 16, and had not, there- fore, been pending two weeks, as required by the charter. He said that the title was different, and it could not be called an amendment. The president sustained the point, and ascall gppealed from the decision of the chair. The chair was sustained on roll call by the following vote: Yeas—Bruner, Burkley, Edwards, Elsasser, Holmes, Jacobsen, McAndrews, Saunders, Thomas—11. k, Bechel, Hascall, Parker, Specht, Wheeler—6. Edwards passed until all others had voted, and the result was clear. The chair did mot vote on the question of sus- taining his own decision. This actlon sent the ordinance over. Has- call said if it was a substitute it had not and second time, This point was sustained, and the rules were suspended to refer back to that order, and allow for its being so read. It then went over for two weeks under the rules. The following communication was then d the clerk, stating that it had been ved early in'the evening, but had been mislaid: PARDEE & CO. UF ACTIO OMAIIA Marc 0 the Honor- able Ma y I Criy e Omaha, Neb.—Gentlemen: necessity of immediate c ot for lighting the relieve the xpen 00N as pos rate con: and_one w ion und ne: the cheap pow well as cheap light spectfully ask the honorable city council to provide for us right of way at as early as contemplated in our contrac This easement, we have felt, should be charter for thirty vears in order to pr. mote and protect a healthy business enter- prise, and this, also, would be consistent with 'franchises’ for street railways, but in- asmuch as a precedent has recently been established for gas lighting by making a franchise for tu ive *(25) L we think it would be consistent with public policy to concede to such established lation, and we feel sure that in liberality and in a spirit of justice you will not deny us the advantages and privilege granted” (o our competitors in the gas lighting busine May we respectfully call your attention further o the fact that this is a enterprise, which must spend mone, ploy labor and do its part in de this city, and may we agk vou to aid doing our part’ to rclieve the | lethargic condition that exists in lahor commercial circles, Very respectful PARDLEI & ¢ Ly B, ' Bechel was called to the chair, and the clerk began to read, but was soon interrupted by Hascall, who, as soon as It was apparent what wascontajned in the document, de- clared that it was “the same old chestnut,” and_insisted that it be referred without reading, and that the councll adjourn. It was sent to the committee having charge of the electric light ordinances, and the agony was again temporarily over. The mayor vetoed the sh inance on account of certain inconsistenc nd be- cause the power to compel the planting of trees was vested by the charter in the mayor and council and could not be delegated to the park commission. It was recommended that another ordinance be passed, that would ac- complish the same result In a legal way. The veto was sustained by a vote of 13 to b A veto was also submitted on the resolu- tlon ordering the gas inspector to take pos- session of the room and property of the late city electriclan, on the ‘ground (hat the proper person to take possession was the superintendent of the bullding, who had al ready done so by direction of the mayor. The Yoto was unanimous ined. WOULD NOT HAVE COWGILL The mayor submitted the appointment of M. J. Cowgill as eity electrlelan in accord- ance with the ordinance re-creating that office. The appointment rejected by a vote of 5 to 13, those sustaining the mayor being Bruner, Burkley, Cahn, Elsasser and Lemly Hascall's resolution placing the gurbage. plumbing inspection and poundmaster’s work under the direction of the Board of Health and ordering the preparation of rules to govern them was udopted. The committee on police submitte port sctting forth thal whereas the contract had been declared fnvalid th of Health should be direcled tw d points for the dumping of garbage. The president stated that he had fought the contract in the council and in the Board of Health, but was oppased to this action, as it would leave the city holding the bag if it meddled with the matter while before the court he papers were sent to the Board of Health with the Hascall resolution touchi that matter. Tho councilmen then went through a brief epidemic of getting excused for thirty days, after which Bechel was elected dent pro tem to act during the absence of the majority After adjournment the members were called Into the president's private room by Hascall to receive a few more advance polutes regarding the junket, t requ Awarded Highest Honors World's Fair, D*PRICE’S (‘/am Bakmg ‘The only Pure Cream of Tartar Powder. owder: No Ammonia; No Alum, vsed in Millions of Homes—a0 Vears the Standard For nearly four hours last night the clty | [ WE ARE QUITTING—BECAUSE we are compelled to move out of the building— BECAUSE we cannot get another build- ing large enough and suitably located—BE- CAUSE there i1s no money in the business anv and nothing will stop us. vay—and in short we are going to quit We will sell our entire stock at half value and less in order to realize something upon it and while we are selling 1t out we will make it very inter- esting forclothing buyers. We must sell out and right now, and if yvou know when vou arc well treated you will come to our sale which continues from day to day until all is sold. 1,000 DOZEN PLAYED HANDKERCHIEFS, IN THE WINDOWS, 25C AND 35C ELEGANT WIRE SU PENDERS, TO CLOSBE AT. DIS- LAR( SIZB, HEMSTITCHED AND PLAIN, FORM- ERLY SOLD AT 15C AND 20C EACH.... 90 COMPELLED TO QUIT. COMPE COMPE COMPE COMPELL COMPELL COMPEL! 10c COMPELLED ABOUT 130 MEN'S SUITS THAT WE WOULD ORDINARILY SELL FOR $9.00 AND EV $10.00, GO NOW, BECAUSE OMPELLED TO QUIT, AT. 5 R LOT OF MEN'S SPRING D TO QUIT. 'S IN DARK BROWN, NICELY D TO QUIT. FINISHED, SILK LINED, WORTH $10.00, LLED TO QUIT, AT TO QUIT. TO QUIT. TO QUIT. TO QUIT. D TO QUIT. D TO QUIT. COMPE Columbia Clothing Co.} 13th and Farnam. The LEHIGH WASHER| best family machine made. time—better than by hand. longer than a wringer. The latest, cheapest and Does the work in half th A 12 can run it easily 1f your merchant doesn't keep it write to us LEHIGH WASHER COMPANY, {6 BARKER BLOCK, OMAHA, NEB. “WHERE DIRT GATHERS, WASTE RULES.” GREAT SAVING RESULTS FROM THE USE OF SAPOLIO RVED. As you glance at this latest appli- cant for your favor you will perhaps recall that line from Virgil, *‘Al- mighty spir- it fills that little frame” It is the spirit of Art which has guided tho hand of the carver, and 7 wrought the + forms and figures of beauty which ‘are here seen. The wood thus selected for especial honor iy that same tough-grained mahogany which our colonial ancestors used, and whieh was the material of their best English furmturo century ago. As the serviee of the mahogany en- dures from one generation to ancther, you create yourself an ancestor when you secure sueh a chair as this, which will live to deseend in unimpaired vigor to your posterity. HAND CA Wo have a full line of this carved all of March furniture at very low prices, which is includedin our special sale. . IT PAYS TO'BUY THIS MONTIL, CHAS. SHMVERICK & €O, Temparary Location, 1206-1208 DOUGLAS ST,, MILLARD HOTEL NEBRASKA NATIONAL BANK, U. 8. Depository, Omaha, Nebraska CAPITAL - SURPLUS - $400,000 B 500 ome dent Recd cashler THE IRON'BANK. Henry W. Yatas, pres dent; L) wis 3 assistant s and Directors n 8. Cg Cashic DON'TECONOMIZE. In photos, you want the hest, as you do not have yourphotos taken very often do not take chances by going to inferior you e bie prices. 0 get our we Our 5t 0 the weat by the galieries, wh suoh reason considered the fi plotographic fraternity, Photographer, 318-315-817 South 15th Streat. T (0 Bridge Work DR. WITH :RS 4th Floor, Brown Block,, 16th and Douglus "Telephoin 17 CURE YOURSELF rirreen ; FIFTEEN DAYS, 1 will send FREE to any mun 4 the prescription of & now positive remedy to enlargesmnll, Weak organs, nnd sure cur for all weukness in young or old s cuses of Lost an i, isslons and Varlcoce days ; discase 1 returns. Corresy \co private. All letters U wvelope. Address, Te Box 820, News Denler, Marshall, M élRNEY'S »Catarrh Powder Relioves Catarrh and Cold in the Hesd Iustastly by one application Cures Head Noises & DEAFNESS. o Temple, Chlaage: nple (ree , 600 Fits any tub. No r-old child fg Oening Sal Carpets and Draperies. Our prices arc the lowest in the vinces. 50 pieces best Body Brussels at 90c¢ yard. ’ 50 pieces best Tapestry Brus- sels at 65¢ yard. 20 pieces Smith’s Axminsters at $1.00 yard. 25 pieces Velvet Carpets at 85¢ yard. land; investigation con- We offer in this sale: Some withand some without borders y s Two thousand traveling men'’s samples, from 1-3 yard to 3 yards long, of cretonnes, French crepes, silkk tapestry, silk and satin damasks, suitable for sofa and floor pillows, head rests and all kinds of furniture covering, from 5S¢ a sample upwards i & Wikl Gl 3, - 1414-16-18 Douglas Street,