Omaha Daily Bee Newspaper, April 4, 1894, Page 8

WEDNESDAY, APRIL 4, 1894 HIS HONOR WAS NOT READY | Oontempt Case Aguinst The Beo Editor Oontinned for a Week, DECLARED INSUFFICIENT SHOWING e Defendant in Connec: the Jardine Answer Filed by t tion with the Fubl Another Chap n tional Divorce Pro n Sensa- ding. Case Judge Cunningham R. Scott, who pre sides over the criminal section of the district had a full house again yesterday morn- d that he that conrt ing, but the aid not give worth the price of admission Monday morning Judg nounced from the bench open court that proceed with the trial of the ca Mr ward Rosewater, editor of The Bee 18 alleged to be guilty of contempt on account of the facts connected with the now 7. F. Jardine larceny case, and the sub wequent disposition of the having been published in The Bee of March 9. The result of this announcement cause of the crowded condition of court room No where Judge Scott sits to hear and determine matters t come before hi: branch of the district court. Lawyers wero there b the hundred: while mixed in and business men of the city 3 The journal of the proceedings of the pre- vious session of court was read and the Judge passed upon the answer that Mr. Hosc water filed at Monday's sess| of the court. The ) i procecdings ”'I' Court—In the case of the state of gainst Bdward ](nwn:xlvw‘x ‘I h.lxl\w amined the bill and answer filed by G Tatern ‘Em? and I find the bill and answer are insuflicient to constitute the purging of the contempt charge, and it is therefore or- dered by the court that attachment be jssued for the defendant to be returnable Monday morning at 9:3 ‘elock, at which all mat- ters pertaining to the case will be q. Mr. Simeral—Will your honor note an ex- ception? The Court—I have noted an exception. Mr. Simeral—I would like to ask your honor if it ssible that it be made returnable at or date? The Court—N ments for that morning. Mr. Simeral—If it can be made the next Monday morning—a week from next Mon- general opinion preva the people a show was Scott an and in yesterday he would wherein was the Mowing shows a verbatim report of made my arrange- he Court—I have set the time. Judge Duffe—If your honor please, will proceed with the trial in the absence of dant—if he be absent from the The Court sir. Judge Duffie—This is not felony, certainly, and 1 think that our statute provides that {0 all cases of misdemeanor the trial may proceed in the absence— The Court—I cannot say what will be done until the attachment is returned. This attachment is to be returned by next Mon- day morning and L can’t tell anything about it until It is returned. w MR. ROSEWATER'S ANSWER. Following is the answer filed by Mr. Ros water in the contempt instituted against by Judge Scott: e Glsirict court of Douglas county, Nebraska. The ate of Nebraska against Fdward Rosewater. Plea and. answer and Ehowing of cause why the defendant should not be held for contempt. Comes now the said defenda Josewater, and for plea and answer and the ehowing of cause to the information filed hereln by the county attorney and protest- against the jurisdiction of this court over his person and over the proceedings now belng taken herein and Insisting that they are irregular and without warrant of Jaw, and further insisting, protesting and re- monstrating against the power of the court fo compel him to show any cause tlerein and insisting upon his legal and coustitu- flonal rights to freely speak, write and pub- Jish just and true comments upon any of- foer ‘of this court or otherwise in any of- ficial action. And further protesting and insisting that e ought not to be asked and can not legally be compelled to answer any questions herein, and_further insisting that sald article set forth in sald complaint and information is not and does not pretend to give the entire article as published in said newspaper, and rald artlele should be taken as a whole. Further answering, this defendant denies hat the case of the state of Nebraska against Jardine (Doc. 36, No. 41) is now pending In this court, but alleges the truth ahd tho fact to be that said case, so far a the sald Jardine is concerned, is in law wholly and entirely disposed of, and that fhis court fs without further jurlsdietion over the person of the sald Jardine or the action entitled the State of Nebraska against . F. Jardine and George H. Smith, who were charged with grand larceny, and con- cerning which the Information charges said article to have been written, as will mc fully appear by reference to the orders of this court made in said e, a copy of which s hereto attached, marked exhibit “A” and made a part thereof. And this defendant, further answering, de- nies that he is the proprietor of the news- paper known as The Omala Bee, or any of the thereof, namely, The Omuha nd The Omaha Evening Bee,’ but truth and the fact to be that per {8 owned by The Bee Pub- shing company, a corporation duly existing nd organized vunder and by virtue of tha 1aws of the state of Nebraska: but this de fendant not being desirous of evading. any of the responsibility which may attueh o him i his conncction with said nowspaper hereby admits that he Is the editor-in-chict Of all the varlous mewspapers pub- lished by said Bee Publishing c fhcluding The Omaha Dally Bee and e Qmlia ' vanlua Bm L e AndiTle But this defendant all times responsib tors published in Bdward ges the said news) denies that ho Is at for all thinge and mat- sald newspapers and he denes that he published or caused. (o ublished or ‘knew that the same was fto e published, or that he ead the article referred to in said complaint, and th only knowledge he now has of the same | ferlved from reading “the letter of J. L. ey, the county attorney of ouglus n. V. Mhich was publishea s {(lt:.-”“.‘;‘;-\\‘:"»""\- kbiown as the World-Herald, published - in And this de ndant denles t i fully, wrongfully, unlawfully st ocd, ¥ il- uously and with' the intention of bringing the distriet court of Douglas W ’I‘Il:‘ is presided over by Judge ( e, into public contempt, disrepute or pidicule ov to destroy the influ honor, purity and integrity of the said court and said® o ningham R. Scott, as the Judge. thercof, ©oF to have it believed that the sald sourt or (g #ald Cunningham R. Scott as judge thereof. was corrupt and influenced by corrupt mo. tives, or for the purpose of destroying the efficacy of the court in the administration of public justice or for the purpose of villl. fying or traducing the said court or the Judge thereof in the due administration of Justice or with the intent willfully to ob- Btruct the procecdings, or hinder the due sdministration of Justice In any suit thon 0 here pending, publish o r e fortn in the Information, | C “ricle set And this defendant further denfe of himself published or caused 1o S Mshed, or permitted to be published, In the evening edition of sald newspaper on the sald §th day of March, 1894, tho article, or any portion thereof, as set forth in sald’ in- formation Aud this defendant further that as editor-in-chief of said he only has direct charge of the editorial management thereof, and that all general news or city news, including court reports, are under the supervislon of several differ- ent heads, each of whom has his own par- ticular duties to perform relating thereto. JARDINE CASE RECITED. This defendant, further answering, al leges that on the ——— day of ey 1893, an Information was filed In this court charging T, F. Jardine and George H with the érlme of grand larceny, information the said defendants, answering newspapers gullly. That thereafter, and at the May, 1893, term of court, the sald George H Bmith was placed ob trial on sald Informa. smith | to which | when first | called vpon to plead, entered a plea of not | dict of guilty was returned by the Jury empaneled to try A cause, That thereatter and during said May, 1803, term of court sald George H. S8mith was by this court sentenced to Imprisonment In the pen- itentiary of the state of Nebraska for the term of five years, and the trial of the case as against the sald defendant, T. F. Jardine, was continued, That some time prior to the Sth da of March, i804, the said T. F. Jardine, with his father, mother and other relatives, had a conference with Hon. Cun- ningham R. Scott, judge of this court, and J. L. Kaley, the county attorney, as this de. fendant wa# informed and belioves, and that at sald conference on the Sth day of March, 1894, the said T. F. Jardine withdrew his plea’ of not guilty and cntered a_plea’ of uilty of grand larceny as charged in the information filed against him and the sald George H. Smith, And thereupon this court made an order deferring sentence on said plea of gullty until the September, 1504, term of this court, and further ordered that the said line be released upon ex ecuting a bond in the sum of five hundred dollars (8 which bond was thereupon executed and the sald Jardine ased from custody and he is now at Il and this court, as the defendant | dvised and be lNeves, is without further jurisdiction in the case, either to forfeit sald bond or to pro- nourice sen inst the said Jardine and the case 18 fully disp 1 of so far as this court 1s concerned, and was at the time of the publication of said article. And further answering alleges that at said date and at all times since it was well known to the said court and to Cunningham R. Scott that the sal H. Smith was not the principal offender that he was led and induced by the defe T. I, Jardine it the crim, which he was convicted, and the sald J dine wds the principal offender therein copy of the sentence of the sald George Smith as pronounced by this court is he attached, marked exhibit “B” and made part thereof. Further answering this defendant says that he is ioformed and allc it so t be that the law relating to contempts doo not extend to any c ments or publication made relating to a case or cases already tried and disposed of when such publication 1s made, nor to cases over which the court has lost jurisdiction to proceed further therein, and further in this regard e al leges that ction 452 of the criminal code of the o of Nebraska provides as fol- lows o accused plead guilty, the plea shall be entered upon the indictment and the accused shall be placed in the custody of the sherift_until sentenced.” And also that sec- tion 8 of said criminal code is as follow “The cost of keeping and maintaining prisoner after hig conviction of any off punishable by imprisonment in the tiary, wherever he may be kept or con- fined, shall be paid by the state, according to the rate which may be established by law at the time when such services may be ren- dered or expenses incurred. Provided, the rate so established shall not be construed to apply to any contract which the governor may make for the confinement of convicts in the penitentiary of a state Wherefore, this defendant alleges that upon the conviction of a defendant in criminal case, either upon a plea of guilty by the defendant, or upon a verdict of gullty returned by u jury empancled to try the case, such defendant becomes a_prisoner of the state of Nebraska, over which the dis- trict court has no jurisdiction except as provided by law to award a new trial or to pronounce sentence as soon &s may be con- venlently done, and has no power to admit to bail or otherwise dischurge the said de- fondant from confinement or rel him from the custody of the law. hat such being the casc the sald Judge Cunningham R. Scott, as defendant is advised and be- violated the law in releasing said Jar- dine upon bond and the said court has no jurisdiction to proceed further in this case or to adjudge the defendant guilty of contempt in this court for an article tzat was written after the case was wholly disposed of so far as this court was concerned, nor for commenting upon the acts of the judge of this court in his admimistration of the laws of this state, even If the defendant had written or caused to be written or published the article complained of. Further answering this defe that the interpretation placed article by the innuendoes in id complaint contalned are true and just, or that said article is susceptible of the inference set forth in said complaint, but this defendant alleges that he has now and always has had the utmost respect for this court in the exercise of its legal and constitutional powers and for all the judges in the exer- cise of their legal and constitutional powers and rights. Wherefore, This defendant prays that he may be purged of any contempt of this court or of said Judge Cunningham R. Scott, and may be hence dismissed with his cost EDWARD W. SIMERAL, E. R. DUFFIE, Atlorns for the Defendant. State of N ka, County of Doug Edward Rosewater, being first dui says that he is the defendant herein, that he has read the forcgoing answer and the showing of cause, and that the facts therein stated are true. EDWARD ROSEWATER. Subscribed In my presence and sworn to before me this 2d day of April, A. D., 1894, WILLIAM_SIMERAL, Notary Public. tion, and a ve to co ndant denies upon said Another Divorce Case Chapter. The famous Wilgocki divorce case, which has been in the courts for some months, and in which A. F. Wilgocki Is secking to secure a divorce from his wife, Nancy, took a new turn yesterday by a son, Oscar, filing an afidavit in support of the petition of his father, the plaintiff. The boy avers that he has scen elghteen summers and has lived at home a good portion of the time. During the summers of 1887 and 1889 he avers that he was living at home upon the farm, and that during that thme the school master of the district, an Os Fisher, boarded at the house. The son of the Wilgockies al leges that for a time he considered the school magter very much of a gentleman, but that later on he changed his mind. He noticed that the wielder of the birch was very famillar with. his mother, so much so that when he started to t school house in the morning he would imprint a kiss upon the lips of Mrs. Wilgocki and would do the same thing when he returned at night At another time, the young man swears he saw the mother sitting upon the lap of the teacher, who seemed to be caressing her in a very af manuer. These things, young Wilgocki avers, continued until 1890, when the climax was reached, at which time he alleges that he saw the t her of the school coming out of h mother room wearing hardly enough clothing to make napkin. A few days later he avers that he aw his mother and Fisher go into the corn eld, where they tarried for the better part of an hour. Yesterday the case came the wife asking for temporary alimony dur ing the pendency of the divorce suit. The Judge before whom the hearing was had ordered that the woman be given an allow ance sufficient to ‘provide her with the neces- 8 8 of life until such me as the divorce case proper could be disposed of. up in the courts Minor Court Matters, Harry Kane, the colored company with Isaac Kuane and John Gibbon, was accused of having burgl d the store of A. Munski and the shop of A. T. Lind quist, was arralgned in criminal court y terday, where he pleaded not guilty to the charges in both of the Informations, ‘The April docket of the county court was called by Judge Baxter yestorday, with 170 cases for trial, a falling off of sixty- s since January, when there were 8 on the call - We could not fmprove the quality if we paid double the price. DeWitt's Witch Hazel Salve s the best salve that experience can produce, or that money can bu boy, who, In ! THE OMAHA DAILY BEE UNION PACIFIC ENGINEERS | Mr. McConnell Replies to Certain Statements Made by Mr. Vroman, REFERENCE TO- SOUTHERN PACIFIC WAGES Difference Betwe, Two Roads Less Lubor to Keep Modern Engines In Order—De d Business Affects Men Only, In testifying in the wage hearing Mond atternoon Mr. McConnell replied to the state ment of Mr. Vroman to the effect that Union acific engineers running from Ogden to San ancigco and from San Francisco to Port- land did not receive more pay than e on the Southern Pacific Mr. MeConnell sald Southern Pacific, to a the trip basis and not Whenever a regular run can be scheduled and pald for by the trip it is paid in that way and not by the mile. As a basis for an runs that may be added and regular runs that canrot be paid for by the schedule they have cstablished a pay for such runs of per mile The g and curvatures as thing ¢ Sou rn_ Pacific lines J Unfon Pacific neisco the time hours, cers of the is on basis that the pay large extent on a mileage a general 72 miles, & thirty-nine than th ind fen A Vror cost per 1 in doing this whereby he makes comparison of neers and fire admits he has no base his conclusior wation,” he gaid, cite ances, which will give you an Idea how this is’ computed. There is A run between Omaha and Columbus, in which we have three crews: the pay' of the engineer fs $112 1 the fireman $70 per month, making total of 3616 per month for the crews on that run. The mileage made by these engines amount to month, and the wages of sngineers and firemen would be 10 its per mile, not allowing anything for aning and handling the en . which, added to the engineer and fireman’s w would make 11 cents per mile on that r From Cheyenne to Laramie, distance fifty- ix miles, no other trip on the same day pays 100 miles. The wages a ) on a pussenger engine for the fifty-six miles. The wages on this run would be 11.80 cents per mil tehing and cleaning engines, would be 1280 cents per mile, If this run is doubled, the mile age I8 114 miles, and_the crew would re celve 150 miles, or 875 cents per mile the trip of 114 miles, muking the for engineer and flreman; 1 cent watching and cleaning would muke this run. An engineer goin division thirty times a month, would receive forty-five days excess of actual miles ru S LABOR ON MOI 1 th ‘the mode now on locomotives, the lu a loco- the Union Pacific it was fifteen o conditions of the and they kept in mu an they used to be, consequently less for an engineer to do. does not iny more Vig wrt of the engineer, does not add any 3 wonsibilities to his duties, in ned, for the reason that our engines and cars arc all equipped with the “automatic air brake and place it within the power of the engineer to re his own_epeed down grade and make stops going into station It s claimed by the receivers that the new rules which they sought to introduce. which would apply equally to trainmen and enginemen, and being @ wise plan - to adopt, does not appear to be contradicted by Mr. Vroman. ention is made by Mr. Vroman of a conferenca with Mr. Clark in 1840, He did not remember that the witness stated the result of that confercnce: belicved he as- ted it was to make o slight change in the rules. The slight change referred to Wi ) increase in the pay-on-some of the 1d altogether the slight chan the engineers would cost the ciflc $140,000 Vearksmone “for conference of cral manager's cted by th ar, to be les per with 1 cent added for w pay, i ago. The improved shape t there The Incre h bette ulate proper requestos Union engineer about thre office a engineer ) Y ¢ applied in wuy s E B The engine mileage was in 1800 1893, T2 In 1890 rnings of the heers and fire in 1801, $S2.15 each; 189: average ¢ men wa each; 1863, ch. With a decrease’ of 4,000,000 mil from 1891, with a coresbonding decrease in business, the earnings of 1 were practically the same, The rule has always heen insisted upou : “company should gn any > engine incers was to move with promptness and ccr to a decrease in the number of eng and firemen. The + numby gineers_and firem lows: Tor 1890, 1893, 2,063, On“January 1, 181, there were 2 gineers and firefnen on the pas roll ber 13, 18 vere Wing i decrease of Janu “The ‘statément “that the enginec earnings of the 1 out by the fi W not 4 than B freight the freight about day, or about thr It engineers to one passenger . As business of the road creas shown in freight nger men ecarning the y to haye the same es in service, passengers in ou sRAry they pay or nof ful Phar Haunt the dreams of the suffe digestion. What should the nightmare-rid- den dyspeptic do when waking with a start, the sweat oozing from the por sleep for the remainder of the night seems unattainable? Swallow. a wineglasstul of Hostetter" tomach Bitters, _which, if taken before going (0 bed, would have in- sured repose. Use the Bitters for ner- vousness, dyspepsia, rheumatism, malaria. p - = it for Damages. of charles A. Hoffman ag continues to dr Judge Hopewell's King Lo from the de- trains ¢ Jassenger traind or from in- The case Vietor H. Coffman way along through where the plaintift is damages in the sum of fendant In this case the plaintiff all June 9, 1 he was driving Street, in the vieinity of Fifteenth, and was run fnto by a hack from the Palace stables, which at the time he avers were owned by the defendant. The plaintiff denied the statements mude in the petition and alleges that at the time of the, oveurrence of the c cident he was not the owner of the hack, nor was be the owner of the stables. Witch Hazel salve Haydon Bros. Seo what we doing in the way of bargaln giving. All about it on 5th page — - DIED. court, recover s that on long Douglas Dewlitt's cures piles, e of five centa; ench & ] Twentys at his residen m., April avenue, at notice ' later, Awarded E—I}ghest Honors World's Fair, "PRICE'S ‘The oaly Pure Cream of Tartar PoWwder.~! 'om.&moniu, No Alum. ©sed in Millions of Homes$ao Vears the Standard Compelled to Quit. E are going out of the clothing business, and for that reason we are compelled to force into cash all our goods now on hand, and that quickly, too, for our time is limited. clear up to the hilt. Into every every department in the store we have shoved the knife A pair of pants for 60c. The 'ncentive to do business in Omaha is not very great just now, for the expenditures far exceed the profits. But with us profit does not enter into the question, for we are quitting, no mat- ter how great the loss may be. be forced out regardle: Boys’ $3 suits for $1.25. of cost as to former value, and that we are doing it to The stock must the best of our ability is evident from the pleased expressions of the crowds in daily attendance. 8 extra good turkey red handkerchiefs for 5¢. Morc than ten thousand handkerchiefs of every description, silk, initial and plain white linen, plain hemstitched. 8 big white linen handkerchiefs for 10c. Also in suspenders we have hundreds of designs in every variety of color. Those with wire buckles and the Wilson Bros’. make being the leaders. wire buckle suspenders 10c. Wilson Bros.and It is easy to be convinced when once inside the store that we are selling clothing for less money than ever heard of befor Men’s $6 50 gray suits for $3. To our out-of-town customers we wish to state, while we fill all mail orders as long as the goods last, checks on Omaha banks or postoffice orders are requested, but we cannot use checks on your home or private banks, Men’s $10 elegant sack suits for $5. We will gladly send goods C. O. D. by ezpress, subject to examination, requiring only enough cash down to pay expense of shipping. Qur $25 suits, sacks and cut- aways, none better made, go for $11. to the core. something. Columbia Clothing 13th and Farnam. Closing Out A QUICX CHANGE.! NEBRASKA NATIONAL BANK. &l. . Depository, Omaha, Nebraska CAPITAL SURPLUS 8400,000 Mcers and Directors: - Joun 8. Collins. Wm. H. scratching his name on one his earliest completed works, his wife exclaimed impatiently: . “Oh, put your name larger.” Barrie replied with a look of triumph: “In twenty years from now men will look for that name with scopes.” We do not need to use large type to sell this Library Table. At our price it will not be long before the most powerful micro- scopes will fail to detect one In our store as our supply is limited, and we can secure no more at this prices 4th Floor, Brown block, 16th and Douglas In fact many of our new goods have been | | Telephone177 Omuha, Neb. bought under price, and cannot be duplica- = ted. Our line of Brass Beds, Chamber Sets, Dining Tables and Chairs Is now complete, Our prices the lowest. CHAS. SHIVERICX & CO,, Temporary Location, 1206-1208 DOUGLAS ST, NEXT TO MILLARD HOTEL. When Barrie micro- Rellable Work Dr. WITHERS, BIRNEY’S b\ Catarrh Powder [Relieves Catarrh and Cold in the Head Instuntly by one application Curos Head Noises & EAFNESS. “CUPIDENE™ M N HE H Ve Abe prcstii tlon of & famous French physician, will quickly cure you of all ner- vous or diseases of the uich as Lost Matihood, 'In the B salons, Nervous Debility Draliis, Varicocele aid tean:ea he liver, the kidneys and the urinary BEFORE ano AFTER s 0f 1L I pUrities. CUPIDENE strengthens and restores small w 'h ason sufferers are not cured by Doctors {8 be Prostatitis, CUPIDENE Is the only Known r tmonials. A writtan g and oy manent cure, $1,00 4 box by il Address DAVOL ME s " Goodmay Drug Co., 1110 Faraam St., Omahu; Camp Bre MANHOOD RESTORED! 7 0 Cure 811 Nervous diseases. such as Woak M - Headache, Wakefulness, Lost Manhood, Nightly £ ness,all dralns and [0S of power in Generative Organs of over exertion, youthful errors, 0Xcensivo use of Lobac 4 ledd o Intingity, Condumption or di 0 plaln wrappe For sale In Omaka, Neb., by Shermax *A BRIGHT HOME MAKES A MERRY HEART.” JOY TRAVELS ALONG WITH erdinand Westheimer & Sons fim@mqu ST. JOSEPH, MO. uarters for PLAMET We are headq. b DAVIESS CO.KY, Fine Whiskies. Write us for prices. We can mun"y. save you All over the store cverything is cut If you can’t come, send or write; we are sure to please you with Co. Closing Out LAGECURTAINS Are Not in our spring opening sale. a pair, but every pair we have go in at lower prices than We have too many fine laces and . laces have ever been sold. proposc to reduce the stock of Irish Points, Tambour, Brussels and Russian laces by making prices unheard of in this coun- try. 0dd curtains and odd pairs at 50 per cent of value. Some cdd chenilles up to 72 inch wide for couch covers. China silks for fancy work at 50c yard, Onelard & Wik Came €, 1414-16-18 Douglas Street,