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THE OMAHA DAILY BEE SU CZAR OF ALL THE JURORS Undertakes to Amuse Himsolf in a Now Manner, RED TAPE OFFENSIVE TO OTHER JUDGES Judge Foott ant, but Talk Only Privately—MacDonald Garbage Contract Knocked Out—Mr, Hitehcock Gets Off on a Technicality. Other Judges Indl While it Is not known to the general public, It {s apparent to all who are on the inside that there Is a good sized war cloud hanging its dark folds over the affairs of the law division of the district court ecnd that ere long the storm will break in all its fury upon the head of one Cunningham R. Scott, the judge who presides in room No. 1, better known as the criminal section. From the beginning of the history of courts in Douglas county, it bas been the custom for all jurors who were not engaged on cases on trial to congregate in the large court room, known as No. 1, or loiter about the corridors of the court house until called for duty in some of the rooms. For years all of the bailiffs have enjoyed the same rights and privileges, while the clerk of the district has been clothed with some power in the way of dalling jurors, but suddenly all of these officlals find themselves shorn of thelr . authority and claim that they must bow the * knee to the czar of the criminal court and his baillff, who, it s claimed, have taken upon themselves the task of practically run- ning the whole of the jury affiairs pertaining ! to the five law courts of the county. In the . olden times, and In fact until a few days ago, It has been the custom for the bailiffs in all of the law courts to go to the clerk and notify him when a jury was wanted for tho trial of a cause, Armed with this i % formation, the clerk would go into the cor- ridor of the building and cry out the fact that all of the jurors on duty would report in a certain room, naming the place. When the jurors heard this ery of the clerk they would remove from the rooms where they happened to be, or from the corridor, if they were waiting there, to the place designated. But within the last few. days this has been all changed, and fnstead of the court officers and jurors walking about with thelr former freedom, they slide along as quletly as they would if they were a lot of men going out to scuttle a ship. . Some days ago thls man Scott took theé Jury system into his own hands, and he and his bailiff, Mr. Savage, have brought all of the other officials to time, compietely forcing them into line. Now the clerk 5 afraid to 80 Into the corridors and call a jury to re- port in any particular room, and the other bailiffs are afraid to speak above a whisper, without first getting the permission of Scott or his bailff, In fact, If a Jury is desired by any of the judges, other than Scott, a ball of red tape long enough to reach around the court house must first be unwound. The plan of getting the jury is simply this: For instance, a jury s wanted by Judge Keysor. His bailiff goes into the office of the clerk of the court, where he tells that gentleman the fact. Moores, instead of going out into the corridor and using his lungs in designat- ing the room in which the men are wanted, as has been the custom for years, like a phantom slides In to Scott's room, where he bends the knee to the officious bailift, inform- ing that individual that a jury is needed in the room presided over by Judge Keysor.. If the request meets with the approval of . this ballilf, he approachies his lord and master and before him in a fawning manner whispers that a Jury is desired in Judge Keysor's room. When Scott gets around. toiit he nods as- sent to -his: man, who informs the jurors in the ropm’that they aré ‘wanted iniJudge Keysor's: conrt. They file out of the room, but the Ju who happen to be in the cor- ridors at the - ar ome. of the other court ns “listening to/the eases on trial, have no knowledge ot what is going on, and for this reason they are frequently jerked up on a caplas, charged with being absent. However, when the facts are made known to the judge before whom they are called they are promptly released without being fined. S There are several of the law judges who are thoroughly disgusted with the course pursued by Scott, but they refuse to talk, as they do not. want to become mixed up in a Judicigl scandal. One of them in discuss- « Ing the matter yesterday said that a great deal of time was lost each day by the methods pursued by Scott, and if it were not for making a show of the district bench he would go into Scott's room and tell him Just what he thought. ‘ GARBAGE MUDDLE DECIDED. Held that the Councll Had No Right to Grant an Exclusive Franchise. The famous garbage sult has been disposed of 8o far as the district court is concerned, and the contract granted by the city councll, giving Alexander MacDonald an exclusive franchise for the period of ten years, has ‘been declared vold by Judge Ferguson of the equity section of the courts. Some months ago the city council decided that the clity was In need of a better plan for disposing of the garbage and offal, de- claring that the filth should be removed from the city, instead of being deposited at the Jones and Davenport street dumps. At that time MacDonald appeared upon the scene, coming from some little town in Iowa, ‘where he was running an electr'c light plant for 8. L. Wiley of this city. Shortly after his arrival an ordinance found its way into the city council providing for the disposition of the garbage and the settling of the dump- Ing_question. In other words, for the sum of $240 per year MacDonald was given the exclusive right to handle the garbage of the city for the period of ten years, appoint- ing the collectors, night soilers and having absolute control. About this time there came reports that MacDonald's men were dumping the offal into sewer catch basins and upon vacant lots within the city limits, but before an investigation of this was had Henry Coombes and a number of other cltizens jumped Into the arena, securing an injunction restraining MacDonald from in- terfering with thelr business. At the same time theréd were numerous afidavits filed charging fraud, bribery, connlvance and many other irregularities. Coombes asked for a hearing and also that the franchise be declared void, alleging that on account of belng exclusive it was against the interests of public policy. He went into the question of the value of the franchise and showed by the afdavits of numerous partles that at 4 falr prices the franchise was worth fully $200,000 for the ten years, while the city was recelving but $2,400 for the full time. he case was argued in all of its legal hases and taken under adviiement by M.dge Ferguson, who yesterday handed down the opinion. In passing upon the questions in- % volved the court said that but a few weeks ago he had decided the Smiley case, In 5 which practically the same questions were © raised, and that in that case he had held with the plaintiff, who had applied for an injunctio | Coombes, the court said, atked that the dontract be declared vold on account of cer- tain corrupt Influences exercised over cer- taln members of the city council. That question, the judge sald, was not one that need be considered, as tnere were other points at issue, it being claimed that on ac- count of the franchise being exclusive to MacDonald, It was agalnst public interests and against public policy. In summing up the case the judge sald that he was satis fled that it was a violation of law for municlpal body to grant an exclusive fran- chise to any person or. carporation, as such a franchise was a thing in which the pub- lio had a right to be heara before it could Do sold or given away. Regarding the other garbage men, Judge Ferguson sald that he would hold that they were all on an equality with MacDonald, and had the same right to collect, haul and od other offal so long a8 they performed their labor in accordance With the rules and restriotions of the Board of Health of the city. Attorneys for MacDopald asked that the amount of the supersedeas bond be fixed, as they imtended appealing to the supreme court for a final declsion of the case, that it might be settled for all time to come. This order was made, after which Judge Forguson lssued a mandatory order com- sllnu the Board of Health to locate & umplug ground at some point not exceed- ing three miles from the city limits, one that could be used alike by all parties who might desire to engage in the work of haul- ing garbage. SOMETHING IN A NAME, Editor Ritehooek's Escape on & Technleal Legisiative Krror. Gilbert M. Hitehcock has been acquitted. and for this he thanks Cunningham R. Scott for the construction which that gentleman has placed upon the law governing the pub- lication of lottery advertisements. For months Mr. Hitchcock has been pub- lishing the prize lists and monthly drawings of a well known southern lottery in his paper. Some time ago the county attorney filed an information against the publisher, and the case went up to the district court, when Mr. Hitchcock demurred to the infor- mation. This was what the county attorney expected, and he was prepared to moet the {ssues on that line, but he was knocked off his pins the other day when the attorney for Hitcheock withdrew his demurrer and gave out that the case was to be fought on Its merits. County Attorney Kaley did not think Hitchcock was intending to do any- thing of the kind, as he was pretty sure that the editor of the down the streot paper had been glven a hunch, but just what the hunch was and where it came from the county attorney could not say. Yesterday the case against Hitchcock was put on trial before Scott, and proof intro- duced, showing the publication, that Gilbert was the responsible head of the paper and that he had full knowledge that the publi- cations were being made. In fact, Mr. Kaley was of the opinion that he had a good case and labored under that belief until to- day, when his hopes of conviction took a tumble, This morning when the court convened, Hitcheock introduced just enough testimony to make a showling, after which Judge Scott took the case Into his own hands and in- stricted the jury to return a verdict of not gullty, holding that tho law making it a crime’ to punish for the publication of lot- tery advertisements was unconstitutional. In doing so he cited the statutes In which the legislators amended tie old law. In amending the laws, he showed that the law makers had used the words: “An act amend- ing the compiled statutes,” when they should have said: “An act amending the consoll- dated statutes.”” The holding of the court was to the effect that this erroneous amend- ing had destroyed the force of the entire law governing such publieations. Court Cullings. The South Omaha case, brought for the purpose of determining the class of the city, was on, for hearing before Judge Ferguson yesterday. The arguments were made and all matters pertaining to the issues taken under adyisement. In the case of Hoffman against Coffman, brought on account of personal injuries alleged to have been sustained by reason of the collision of a couple of teams, the jury in Judge Hopewell's court yesterday returned a verdict, finding for the defendant. Flora Leigh has asked the courts for a scparation from her husband, Albert, whom she alleges is a cruel and brutal man. Be- sides wanting the decree she wants a slice of alimony. She says that Albert labors and gets a salary of $60 per month, $20 of which amount she avers shoutd be given to her each and every month, pending the determination of the suit. John F. Hock has sued the Omaha Brew- ing association in an action to restrain the company from selling the spent malt from the brewery. He alleges that one year ago he contracted for all of the output and that he now relies upon the same in order to feed 500 head of cattle. He further states that there is a scheme being contemplated to get this malt away from him. el ey WANTS TO TRY IT ALONE. Oregon Rallway & Navigation Company ‘Will Ask for Separate Kecelvership. From private sources in nowise, connected with the Union Pacific it is learned that a bill for a separate receivership will be filed by the bondholders of the Oregon Railway & Navigation company June 15 at Portland, the December Interest being in default July 1. The Union Pacific people have, however, indicated that they will not be able to pay the interest on mccount of the reduced state of the treasury, and the action contem- plated is pretty generally understood in New York. What effect this segregation of a large portion of the Union Pacific system will have on the system as a whole s some- what problematical, although it is thought that close traffic arrangements between the Oregon Rallway & Navigation company will be made. Should the recelver be appointed as outlined above, the Union Pacific system will terminate at Huntingdon. Last year, from January 1 to December 81, the net carnings of the rail lines of the Oregon Railway & Navigation company amounted to $855,039.22, with taxes deducted, as against $1,304,297.76 rail earnings in 1892, The steamship earnings in 1893 showed a deflcit of $61,209, against $113,634 98 in 1892. It is this line which permits the Union Pacific to enter Portland and the northwest, and s vitally essential to the Union Pacific as a feeder, paralleling, as it does, the Great Northern, which has been a bitter rival of the Oregom Rallway & Navigation company ever since the construction of Jim HIll's road. Quiet In the East Also. Mr. George W. Loomis, chief clerk to General Manager Holdrege of the Burling- ton, returned yesterday from New York. Speaking of the situation in the east Mr. Loomls sald that 5o far as he could see New York was as hard hit as Nebraska. That while there were thousands of people on the streets In Gotham, they were not buyers, and the merchants complained bitterly of demoralization in business. *“And what is warse, there Is little prospect of any bright- ening until congress does something toward passing the tariff bill, the present unset- tled condition of affairs being largely trace- able to the uncertalnty as to what the ulti- mate outcome of the bill will be. The east has been blessed with good rains, but Ne- braska and Kansas are suffering for water, There s little that is hopeful in the ra rond situation, but with anything like a fair crop J am of the opinion that times will be better in the fall. Bringlng Sunday Crowds. The Unlon Pacific and Rock Island will be in the excursion business today with both feet, indications being that Omaha, the baseball park and Courtland Beach will be overrun with ruralites who will avall them- selves of the ¢heap round trip rates made by these two roads and come to the Nebraska metropolis for an outing. The Union Pacific will run special trains from Kearney, Grand Island, Columbus and Stromsburg, 1,465 tickets already having been sold along the Unlon Pactific. The Rock Island reports show that at least 500 people will take advantage of the day and will flock into Omaha from Fairbury and intermedlate points, In the Flooded District. Yesterday the Unlon Pacific began transferring passengers to Portland by boat from Umatilla, thence to The Dalles by team and from the latter polnt by boat into Port- land. Advices recelved at headquarters state that the work of transfer is meeting with satistaction on the part of passengers, many of whom have been compelled to re- main at Umatilla for several days, or ever since the Columbia and tne Snake rivers overflowed their banks. There 15 no diminution fu the volume of Water about Portland, and a small rise is still_predicted before the wiver begins to recede. ST J Rallway Notea. The Burlingten will run an excursion to Burlington Beach, Lincoln, Sunday, Jume 10, the train leaving Omaha at 9:30 a. m. The tollowing clrcular was posted on the bulletin board at Unlon Pacific headqdarters Friday: “The receivers of the Unlen Pa- clfic & Deaver having assumed the operation of trains to and from Denver via the Julew- burg branch it is hereby announced that annual, time and trip” passes of the Unl Pacific system will not be accepted on trains running via that route on and after June 1, 1894, and that passes of Union Pacific, Denver & Gulif lssue will thereafter be required be- tween Julesburg and Deaver." e Fine boating & bathlng, Courtland Beach. 1 HINTS AT BROWN'S GUILT Ooroner's Jury Asks That He Be Held Pending Further Examination, RESULT OF THE MAUD RUBEL INQUEST Testimony Brings out NotRing of Impor- tance that Has Not Already Heen Published«Prisoner Not on the Stand, The coroner’s jury, impancled to investi- gate the death of Maud Rubel, met at the morgue at 10 o'clock yesterday. Jury- man W. T. Brandon sent word that he was fll, and the coroner put L. P. Woolworth in the vacant jury chair. Mr. and Mrs. Rubel were present and oc- cupled seats directly behind the witness chalr. Chief of Police Seavey and Captain Mostyn were also present. Assistant County Attorney Day appeared for the state, and George Jeffrios looked after Dr. Brown's interests. Mr. Maul called Dr. Chadwick as the first witness. The physician stated that he had held a postmortem on the body of Maud Rubel. He described the condition of the body as he found it at the time of the autopsy. Blood was found on the left side of the head, just above the ear, and a quan- tity on the inner side of the lower limbs. The organs of the chest wero healthy, as were also the organs of the abdomen. Further investigation showed conclusively that a criminal assault had not been at- tempted. The skull of the girl was a little thinner than usual, and the blood ‘clot showed that she had been struck with some- thing soft, a sand bag or a piece of lead wrapped in a cloth. There was no fracturo of the skull. ~ When examined the brain was mushy. 'The hair, face, eyes and nose were full of maggots. The doctor thought that the woman had been dead for four or five days. He gave the cause of death as concussion of the brain. When the brain was examined there was_evidence of the formation of a false brane on the left side of the head and in the physician's opinion the woman- lived a few hours after belng struck. As the head was so badly swollen it was Impossible to locate any bruises on the scalp. — Dr. Chadwick did not think that a wound like that on the head could have boen caused by falling against a plaster wall such as is In the room where the body was found. MRS. HESS' EVIDENCE. Mrs. Ida Hess, who lives at Twenty-third and G streets, South Omaha, sald that she had known Maud Rubel for two years, but had known the parents since she was a clild. This witness said that she last saw the dead girl about 7:15 Saturday eveniag last. Maud and the witness had spent the afternoon at Courtland beach. They saw Dr. Brown and talked with him for a moment in a general way. Witness said she was with Miss Rubel all the afternoon, except for a few moments. When she was ready to start home Maud was talking to Paddy Murray, a South Omaha barber. Mrs. Hess said she went on home and later on saw Maud and the barber pass on a car. They were going south and she was Just coming out of a grocery store. Witness said she had been to Brown's office with Maud perhaps half a dozen times. Mavd seldom stayed over fifteen minutes, She said she was having her throat treated. The first she knew that the girl had gone was when Mrs. Rubel came to her house last Sunday morning looking for Maud. “Maud never spoke of leaving home," said Mrs. Hess, “but she was always talk- ing about Dr. Putnam and said she was g0ing to marry him. That he wouid- be back: here in June or July and that she Was making her wedding clothes." Witness said that Maud frequently vis- ited a “Tiny” Stevens, who used to live on Tenth street under the viaduct. Mrs. Hess was then excused until 2 o'clock. Police Officer Edward Heelan told the jury about finding the body. His testimony was the same as his statements already made in these columns. W. P. Whitfleld, night clerk at the State hotel on Douglas street, near Thirteenth street, testified that he had known Brown about a week. Tuesday evening last Brown registered at the State hotel, and remarked to the witness, ‘“Please note the time I registered, as you may be called as a wit- ness in an important case.”” The clerk noted the time of the remark; it was 9:50 p. m. Brown played cards until about 1 o'clock and then went to bed. Brown stopped at the hotel again Wednesday evening and did not retire until after midnight. He told wit- ness that he had been out all day with the Grand Army men, and displayed a badge of that order. TALKED WITH THE DOCTOR. Mr. F. W. Wilkinson, a guest of the State hotel, sald that he had met Brown Tuesday evening and that they played whist in a room at the house. Wednesday evening an- other game was played. Witness then re- lated the following account of his conversa- tlon with Brown: *I noticed Brown did not play with his usual vim, and jokingly I told him of it. He did not seem to take offense, but as the game wore on he evinced loss desire to continue. I though my remarks might have caused him to feel slightly hurt, 50 after a game or two I invited him to go over to Prince’s garden and get a glass of beer. He accepted. While there he sald to me, ‘I suppose you have seen the plece in The Bea concerning the disappearance of Miss Rubel.’ T told him 1 had, and he sald, ‘You saw the name of Dr. Brown In 1t? 1 had seen the name, but had not at that time any idea it was the man to whom I was speaking. ‘Well,' he said, ‘I'll tell you something, but it must be be- tween you and me.' He then narrated his acquaintance with the girl. He appeared somewhat ill at ease while talking to me. I was greatly surprised to know it was he, and told him that of course T would hold noth- ing against him on that account. He told me he had treated the girl for throat trouble, and later for a venereal disease. He said he treated her under protest, and had even paid out money of his own to pur- chase the medicine she needed. This he told me privately, and greatly desired it should £0 no further. When he had finished I | asked Brown where the girl was, and he told me he did not know. = He said he had tired of her and that Dr. Putnam had shook her because he was tired of her.’” Special Police Officer Morris Fleming, whose statement was vrinted exelusively in The Beo yesterday, was next called to the stand. ~ Witness sald he s stationed at the union depot. Monday evening he was off duty, and In going up town crossed the tracks underneath the viaduct. He saw Brown standing in the hallway at the place where the girl was found. Brown appeared to be talking to somo one up stalrs. Wit- nessed passed on, but thought it strange that any one should be there, as the block had been vacant for a long time. Fleming sald that he had called at the | Juil and seen Brown and declared that he | is the same person whom he saw Monday ) evening, Willam Welbarseuck, a lodging keeper, sald that he went down to look a the building with an idea of renting it. H noticed a foul odor, and notified the police, Tho forenoon session then closed. ) At the afternoon session H. E. Wheelock | was the first witness. He sald that about 9 o'elock Sunday morning he saw Maud Hubel standing in a window at 510% South Tenth street. She was fully dressed, and had on some of the clothes produced at the inquest. | In a conversation with Brown jJust after the | disappearance of the girl, Brown had told the witness that he was a pretty good crim- inal lawyer, and that the “‘bobbies” could not catch him. MRS. STEEN'S TESTIMONY. Mrs. Steen, who runs the lodging house at 510% South Tenth street, said that she knew Brown. Maud Rubel called to see Brown frequently. About a week ago Brown ordered her not to admit the girl if she called, as he sald she was a muisance. He sald: “If she calls, tell her I have gone futo the country.” “Last Sunday morning,” sald Mrs. Steen, “the girl called early, about 8 o'clock. I told her she ocoul g0 up to Brown's room. She did se, but found him out. Then she left her packages of clothes in his room When Brown came in he laughed and ad- mitted that he Tecoguized the bundle. Mrs, W. Grabam, who claims to live in | i NDAY,"3UNE 3, 18M—-TWENTY PAGES the Blafts, testified Iu:‘lh- started a | guilty, and ahother, signed, Intimating that ‘ MILK MEN A\ND llll)(.E SCOTT shooting gallery at Conflland beach and took Brown in, as she meMled some one to load and clean the guns. Last Saturday evening Brown appeargd; anxions to leave and started away from. the beach about 8:30 o'clock. He appéiited nervous. Be- tween 3 and 4 o'clock Bumday afternoon Drs. Searles & Searlds soalled on Brown at the shooting gallery, and the trio had a half hour's_conversation. .«From that time on Brown Was nervous md excited. Wit- ness sald that Mrs. Hess came to the gal- lery Monday noon and . asked for Brown. She appeared greatly exeited. She said that she was sure Brown knew.where Maud was and that Mr. and Mrs; Rubel were nearly crazy. In the afternoon, but \did not stay long. Witness said she did not suspect anything wrong, because she thought Brown was a nice old man, On cross-examination Mrs. Graham sald that on Thursday ‘afternoon she upbraided Brown for being mixed up with girls, and he said: “That girl will never tell nothing."” Witness sald she fired Brown be- cause she was afraid his notorlety in the Rubel case would hurt business at the shooting gallery, Police Officer 8. 8. Drummy told about meeting Mr. and Mrs. Rubel on Tenth street last Sunday evening. - They asked him to direct them to 814 South Tenth street. After giving the directions Drummy remembered that the block was vacant and inquired who they were looking for. The couple sald Dr. Brown and the officer sent them to Brown's rooms. On Monday eévening Drummy met Rubel again. He was looking for .his daughter. Tuesday noon the officer saw and talked to Brown. The latter complained about The Bee story regarding the disappearance of the girl and sald that he had been misrepre- sented. FATHER ON THE STAND. John W. Rubel, the father of the dead girl, took the stand and told what he knew about the case. He admitted having kept the girl rather close. For Several months Maud had been talking about marrying Dr. Put- nam and the parents were anxious to see the man. Maud always insisted that Put- nam was out of town. The girl told her parents that she was being treated for a goitre, and when she was away they sup- posed she was taking treatment. “‘We caught her in a false statement last Saturday night,” said Mr. Rubel, “and I think that was the cause of her leaving home. She knew that,we had found- out her wrong-doings.” The letters left by the girl were shown to the jury. These notes all referred to her going south to marry Dr. Putnam. On both the notes left by Maud was the line, “Miss Nada Montgomery, St. Louls, Mo.” 'While the notes were written with a pencil the name was. in ink. Police Captain Patrick Mostyn told_the jury the story of the crime and of the efforts of the police to find the guilty parties, At the conclusion of the testimony the jury took the matter under advisement. A verdict of death by violence was returned and also a recommendation that Dr. Brown be held for further examination. ‘Would Not Marry. All sorts of theorles have been advanced in South Omaha as to the mysterious death of Maud Rubel. One young man who was with her on Saturday evening gives some new information on the mysterious affair: “I was with Maude," 1d he, “Saturday afternoon and evening, X' met her out at Courtland beach. She wds|with Mrs. Hess. I talked with her quiff a’/while out there and we came to South! Omaha together on the motor. Mrs. Hess' was sitting in the seat behind us on the car." Although I had seen the girl on the street in South Omaha I had never formed he¢ wequaintance until that day. She told meithat she had about made up her mind to leave home. 1 asked her, why and she snldfl her parents wanted het'to marry a very old‘min Simply because he had Tots of money. I would rather’ dle than to wear out my Iffe With an old geeser like him’, were the éxact: words the girl used. She acted strangely” to me, and I would sooner believe ! that ‘ghe committed suicide than anything ielee. - At the beach Maude appeared to-be in ‘the best of spirits, but when we werd alone’ she 'talked “as though' she was dissatisfiedi with her lot and wanted to go away, I-Temarked that I was soon going to ledve for California, and she implored me to take her along. At that time I do not believe she had made up Her mind to leave home on.Sunday morning, for she made a date to meet me Sunday afternoon. I was to pass the house and she was to give me the signal at her window at what hour we would meet by her holding up fingers for the hour she could get out.” Mrs. Hess denied that she came to Omaha on the same car with Maude Saturday night. ‘While there has been no evidence developed to connect Mrs. Hess with the sad affair the woman has been severely criticised for running around to public places with the child and carrying on in the manner she daid, Mrs. Hess is married and old enough to be Maud's mother, still they were chums. Payne Was Seared. Sam Payne, the colored man who formerly occupled the rooms at 806 South Tenth street, sald Friday that he gave up his rooms a couple of weeks ago. A brilliant youth on an alleged newspaper hunted Payne up and told him that the police wanted him for murder. Payne jumped his job at once, and now every policeman in town 1is looking for him. o Letters to the Coroner. Coroner Maul has received two letters, one anonymous, affirming that Brown is ot Brown came out, to the gallery late | | - Broadwell and John Ritc ! Thomas 3 J. Brown Is guilty. Tho last Jetter the coroner would' not allow to be seen, but says it is highly important. From Mr. Thorpe, who rooms at Mrs. Steen'’s, it {8 learned that on Wednesday afternoon Brown went to the house and changed hie clothes. Brown's trunks were last night taken from Mrs. Chambers' to the police station, and the contents will be examined today. Billous Colie, Those who are subject to attacks of this disease will be Interested In the experience of Mrs. F. Butler of 22 Fillmore street, Fairhaven, Conn, She says: “‘I suffered for weeks with colic and pains In my stomach, caused by billousness. One-half teaspoonful of Chamberiain's Cholic, Cholera and Diar- rthoen remedy effected a cure. For sale by all druggists, SRRSO Two daring balloon ascensions today, afternoon and evening, at Courtland Beach. Py Mt AFFAIRS AT SOUTH OMAHA. Committees Appointed to Arrango for the Fourth of July Celebration. The executive committee of fifteen met at The Bee office In the Singer block last night and talked over the program for the Fourth of July celebration for an hour. All were enthusiastic in getting up a first-class pro- gram, and it is now a settled fact that South Omaha will celebrate Independence day. The following committees were ap- pointed: Finance—J. Jaskalek, Bd Johnston, E. J. Seykora, John Ritchhart and Joe Kopetz. Speeches—J. M. Tanner and E. O. May- fleld. Grounds—John Flynn, G. W. Dare, Denny Alberry, Bd Johnston and F. A. Cressey. Music—John Franek, J. C. Carley, John' Strangler, James Smith and J. M. Tanner. Sports—James H. Bulla, John Fallon, James P. Hoyes, Thomas Hoctor, Thomas Flyon, Al Geary, H. E. Wilson, Harry Christie, Patrick Quinn, C. W. Miller and Lew Blanchard. Parade—W. B. Cheek, Fred M. Smith and E. J. Seykora. Printing—James Hall, George Dorn, Frank hhart. Transportation—Frank Broadwell, Walters and Joseph Kopetz. The president of the day will Bd T. Johnston. Marshals of Hoctor, Captain William Bruce McCullough, J. W. Cress, J. W. Egger, H. Bulla, Captain Cockerell, E. 0. Muy- field, M. F. Blanchard, Fred Btte, C. C. Stanley and J. W. Sniveley; vice presidents, Richard Carpenter, Papillion; Willlam Bell, Fairview precinct; H. Lefler, Springfleld; George Sautter, Richfield; George Ringo, Springfield; John Q. Goss, Bellevue; John O'Lary, La Platte; Hugh McCarty, Gilmore; George' Becker, Fairview; Arthur Spearman, Springfield; Richard Daniels, Gilmore; Phillip Zewiebel, Papillion, all county; Major Davis, South Omaha; Oscar Picard, Omaha; Plerce Ryan, Millard; C. M. J. 8 be Mayor the day, Kelley, Hunt, Frank Persons, Frank Pivonka, Frank ! Humpfert, Rudolph Hartz, John Burke, B. Jetter, Jacob Eggers and C. A. Melcher. Another meeting will be held at the coun- cil chamber mnext Thursday evening at § o'clock. - —— Carleton's Summer Opera. The season of summer opera which the Carleton Opera company will bring to a close Tuesday night has been unprofitable from a business point of view, although the newspapers have given all the aid possible to further the project along, there being a certain local pride in baving enterprises new to the west encouraged. Artistically the performances have been upon a fairly good plane, the work of the chorus and some of the principals being excellent. failure is due to the unpopularity of the manager of the company or the general busi- | ness depression is a much mooted question. But the climax was reached Friday night, when Mr. Carleton, as the guest of Dohany's theater, Council Bluffs, so far forgot his dig- nity and the former position he held, to in- terrupt the, performance of “Lady Winder- mere's Fan” by loud and. boisterous talk, coupled with profanity that made those in his vicinity close their ears, and only the threat of police efectment caused the mana- ger of the Carletons to withdraw, to the intense satisfaction ‘of the audlence and players. So thoroughly disgusted were the peoplé of both cities represented in the audience that Mr. Carleton will probably realize that he should postpone his next visit to Omaha as long as possible. Courtland Beach is a cool, delightful place to spend Sunday. Ki ed In Court. The case of shooting With intent to Kill Aurora McClintock against J. E. Shearer was dismissed in the police court Friday afternoon. Miss McClintock refused to prosecute her lover, and when she stepped | down from the stand Shearer clasped her in his arms and they hugged and kissed each other regardless of the presence of several officers and court attaches. The reunited couple went away arm in arm like two lovers who had never a trouble in all their lives. The last seen of them was when they mingled with the throng on South Sixteenth street, and it is thought that they have left the city. Both ex- pressed repentance and hoped that they would live to a ripe old age. e Fine boating & bathing, Courtland Beach. | Exprees Their Opinion of His Recent Deci- sion Against Their Position, MISSOURT RIVER MILK THEORY EXTENDED Statement Unanimously Authoriz. ch the Dalcymen Enter Featlessly and Plainly Tato Discussion of prudence—Poliey to Be Parsued. aris- of Sarpy | Whether the | | roll of the class. The Milk Dealers assoclation held a meet- Ing last night in Wolfe's hall to consider the course to pursue in the future in regard to obtaining licenses. Considerable discus- siin was had. It was finally left to the Judgment of the individual members, either to obtain licenses and at the same time file protests, or to carry on business without lcenses and suffer arrest and thus fill up the police court with cases. If the latter course is pursued it s thought the proseci- tions will eventually cease on account of the number of cases, and it would cause little trouble to the milk dealers, as the bond re | quired must necessarily be small. The course of the president, Louls Littiefield, in appealing the case of the dealers to the supreme court was upheld The following statement unanimously: “The recent decision In the district court Is remarkable for the reason given which prompted it, and is both original and unpar- alleled in judiclal decisions. ““Because some unscrupulous, conscience- less milk man sold the judge slightly colored Missouri_river water, which he accepted as milk, therefore all milk dealers must be put under restrictions in their business. By this astute reasoning should a man sell him a slightly decayed potat, that particular man would be punished by placing restric- tions on other men producing and selling potatoes, and all other kinds of business could be as easily crippled. Should some was authorized all talk, all books and papers under his censorship. “Ridlculous as this is, it is fairly matched in a'more serious way In the reckless, un- scrupulous “determination of the Board Health to take advantage of this most fdiotic of all decisions to restrict the right of all milk dealers because possibly some { are fraudulent. This is a dangerous innova- tion, and may easily be carried into other departments of business, The old rule, when a man commits a fraud, punish that man and him alone, Is as good for the present times as the past. This is both reasonable and right. “The milk dealers owe it not only to them- selves but to the public generally to resist | at all hazards all encroachments on their un- aquestioned rights of person and property, for with thesé gone little of value is left, and they confldently count on the approval of all must come fair minded people, for they are always for | right, justice and fair play. “Tho claim that a license fee is necessary to inspect milk is untrue. Meat dealers pay no license fee, yet meat is inspected. It milk cannot be inspected without subverting established rights then it will have to fail. | Personal and property rights subordinate even the Board of Health, and if it eannot perform its functions without subverting these the community would lose nothing if the members resign and give way to wiser men." The statement is signed by Louis Little- fleld, president, and F. E. Fox, secretary. ‘Was a Corker. The game of base ball between the Stock- man and the Drovers Journal nine yesterday afternoon was a corker. BEvery one thought it would be a clumsy game because the players work every day and do not have an opportunity to practice, but they were fooled. The batting was strong, and although with but few errors, and the Stockman boys won by a score of 14 to 3. About §75 changed hands on the game. The battery for the Stockman' was McCullongh and Cas- tles, and for the Journal Sidwell and Ed Harte. SRR S Will Study Political Kconomy. Friday evening Dr. Duryea met with a number of yoting men in the lecture room of the Young Men's Christian association build- ing for the purpose of organizing a class for the study of political economy. The mecting was well attended and the doctor stated briefly the plan to be pursued. It will partake of the nature of a round table discussion directed in the proper chan- nels of inquiry by the experienced tutorship of Dr. Duryea. Over twenty signed the The next meeting occurs Monday evening, June 11, AT Prendergast's Hearing Postponed. CHICAGO, June 2.—By agreement of counsel the case of Prendergast, the assas- sin_of Mayor Harrison, will not be tried until fall. State's Attorney Kern press of business made It nece defer the hearin The anniversary sermon will be preached by Rev. John Hewitt of Holy Trinity man offend him'in language or writing, then | of the game lasted but three-innings, it was played || 'vhuren. Lincoln, in €t Matthins' church ‘on Sunday evening, Juno 10 On Monday morning, June 11, 9:30 to noon, will be the art exhibitfon, essays and nwusic of Junfors. Monday evening the annual musicale will be given Tuesday morning, June 12, at 10 o'clock, the annual commencement will be held. ittty REALTY MARKET. 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