Omaha Daily Bee Newspaper, July 5, 1894, Page 6

THE OMAHA DAILY BEE: [ ALIX WON IT IN GOOD TIME Robbie P Not 8peedy Enough to Push the @allant Little Mare, FOUR VERY FAST HEATS WERE DRIVEN Pyle's Btallion Won the First One, but Jones Couldn't Let the Others Go that Way—Smooth Work by Two Swift Trotters. Between 4,000 and 5,000 people assembled ot Union park yesterday afternoon to wit- pess the matched race between Alix and obble P, but before the end of the last eat nearly halt-of the spectators had left tho grounds. The track was very heavy &nd slower than usual. The 2:60 paeing race @id not take place at all, while the 2:49 trot seemed to be a contest between dray horses There were four entries in this race and It was a procession In single file each heat Brilliant Chief won the first race because he couldn’t help it. Summary: Brilllant Chief, s. h, by Nutwood RIRINE o vivvoeeiis 43 ack Shepard arrie W... Time: 2471, 3:4, When Alix and Robble P appeared on the track they were accorded a hearty welcome, Thoy were sent off on tho second trial, but wing to the soft condition of the course lix broke badly and did not recover herself gntil Robble P was at the quarter post going like a brown streak. Alix was fifty yards behind when she settled down to busi- jess, and the speedy little mare began clos- £|g up the gap between herself and Robbie at a splendid rate of speed. She closed Up 80 fast at the turn that she made her antagonist look as if he was golng very slowly, and at the three-quarters was only length behind. The pair came down the tretch like the thoroughbreds they are, but the game little mare could not head the tallion, who went under the wire a half th In the lead in 2:17. The time by uarters was: Quarter, 0:35; half, 1:10; hree-quarters, 1:44; mile, 2:17. Robble P was in the lead when they started for the second heat, and they passed the quarter in 0:33, and went the half in 3:6€0. Robble broke and Alix went to the front by six lengths, At the stretch Alix was coming easy and Robble P was sailing along like a whirlwind to make up for lost time. Alix won the heat, but the heat was too fast for the stallion and he broke under the wire, & half length behind Alix. The third heat was a horse race to the balt mile post, which was passed in 1:05, and after a neck and neck journey Into the retch they came down like a pole team until the fifteen-sixteenths . was reached, and Pyle's horse broke, letting Alix win by two lengths. At the end of the third heat the owner of Alix, Morris Jones, claimed the race, as It was @ special event, and he was of the opinion that it was the best two in three peats. Ed Pyle contended that the race should be governed by association rules and make it the best three in five. The judges eoncurred with Pyle, and Jones threatened to withdraw his mare, as the track was in o condition and his animal was not in con- @ition for hard racing. He was finally per- puaded to go another heat, and it was seen that both horses would be sent along to win the heat if possible, but Alix took the lead and won in 2:16. Summary: B2 1l g 1222 Time: 2:17, SPORT REFUSED TO FINISH. Bt. Michuel's Chief Competitor Lays Down won, Anna Hisho) (10 to 1) second, Charade @ 1o 1) third. . Time: 1 RACING AT INDIANOLA. Independence Day Observed with & Nico Yrogram of Speed Events. INDIANOLA, Neb,, July 4.—(Special Tele- gram to The Bee)—The best racing ever seen In southwestern Nebraska was wit nessed today by a crowd of 1,00 people. Summaries: Two-year-old__trot mile heats, purse $100; Norton Girl, . m, by Dia- mond Sovvaves s YIVvEY Kittie Wright Mays ... Time: 1:35, 1:21, 1 2:40 trot, purse $150: Ben Johnston ‘ Nauri Bilyan Chief Time: 2:37, 2 2:50 pace, purse Charlie Barr Crulser i Leo Wilkes . Pretty . and pace, one-half Bob Anna Guy Lisivin Time: 2:43, 234, alf mile and re Day Time ..... Jack Rogers . Bob Austin .. . . Tanzy i th Gray Ned Time: 0:62%, 0:f Five-elghths of a mile purse $i5: Day Time won, ond, Jack Rogers third, Austin and Billy the G 5 H dash, running, Moonlight sec- Time: 1:06%. Bob id also won, AFRO-A Special Attraction Yesterday Was the Ra. —Program for Todny. Two thousand persons attended the Afro- American state fair yesterday. The chief attraction was the racing in the afternoon, the results of which were: Gentleman's roadster race, one-half mile, best two In three: Won by C. H. Bryant's “Frank Allen,” A. Copeland's “Katie" sec- ¢nd, A. W. Parker's "Bafety” third. Time: Foot_race, 100 yards: Sumner Plummer first, W. J. MeAllister second, C. Banks third, Time: 0:10, Bicycle race, one mile: Ed Jackson first, W. W. Mosely second, F. Wiggington third. Time:" 3:45, Half mile dash Giles' “Chief"” second. " Time: 0:521, Pony race, one-half mile: Shaffroth's “Andy A" first, Elligan's “Johnnie B sec- ond. ‘Time: 1:06 Fancy saddle race: Mrs. A. D. White first, C. H. Bryant second. Tim: 0, Special races today will be the exhibition races of the California stable, with several trotters under 2:25. Kinney Bros. ‘‘Red Light” will run in the running race. umner Plummer, winner of the 100-yard foot race, will attempt to beat ten seconds. —_— PREPARING FOR A FIGHT. Bryant's “Dixle” first, China and Japan About Ready to Go to War Over Core: VICTORIA, B. C., July 4.—The Empress of China, eleven days from Yokohama, kas ar- rived. She reports that Japan Is continuing active war preparations and the stralned re- lations between Japan and China are as much a feature of Asiatic trouble as the Corean rebellion. Corea, alarmed at the movements of her nelghbors, pleads that both withdraw their troops from her shores and warships from her harbors. The plans of Japan are secret, and as fast as native papers make any announcements about the war they are suppressed. Her navy s at its best, the coasts being secured for service and everything breathes a spirit of trouble. A cable received from Yokohama announces that on June 13 the government army de- feated the Tagakito, recovering Senshu. The commander of the government troops was captured by the rebels, but his life so far FOR AN OBJECT LESSON Oitizens of Oleveland Dedicate a Soldiers’ and Bailors’ Monument, BEAUTIFUL CREATION IN GRANITE Governor McKinley and Ex-Governor For- aker Prosent—Description of the Shaft, Which Kises In the Most Conspleu- ous Place in the City. CLEVELAND, July 4.—The Cuyahoga soldiers’ and sallors’ monument, a typical American structure, an unconventional work of art, with an infinite varlety of details which breathe the atmosphere of war and betoken the most painstaking research, was dedlcated today amidst the plaudits of thousands of enthusiastic people. The pres- ence of Governor McKinley as president of the day and of ex-Governor Joseph B. For- aker and Hon. V. I. Klein as orators made the occasion memorable. The monument is located in Monumental square and cost about $300,000. 1t is strictly American in design, commemorative of American deeds and ‘tri- umphs In the war of the rebellion. It over- looks the tremendous grand stand where the ceremones of the day took place. Thousands of the pure, sweet voices of children united in ypatriotic songs, and bands of music played martial and inspiring airs. Follow- ing the dedicatory ceremonies a monster parade of military and civic organizations took Place. The monument will occupy the most con- splcuous place In the city, the southeast corner of the public square. The tall shaft of polished granite and the majestic figure of Liberty which crowns it are clearly visible far up Buclid avenue. The crest of the statue s 162 feet above the Superior street level. 1In general design the monument is a departure from classic models. The four large bronze panels represent American sol- dlers fighting in American uniforms and show In high relief the well known figures of some of the greatest commanders of the war. The shaft is cylindrical and surmounts a memorial tablet room forty feet square and twenty feet high, which stands on an esplanade ninety-five feet square and five feet above the ground. The decoration of the stone tablet room is military throughout, and s open to criti- cism as being excessive. Minfature repre- sentations of cannon, cannon balls, etc., are everywhere. The panels surrounding the main shaft are twelve by fiftcon feet and represent notable historic scenes. Lincoln unshackling a slave and putting a musket in his hands, with Chase, John Sherman, Wade and Glddings In the background; the be- ginning of the war, with life-size figures of Governors Todd, Dennison and Brough, and Generals McClellan, Cox, Garfield, Rose- crans, Hayes and Gilmore, and on the left a recruiting station; a scene at City Point, representing the close of the war, the final council of war between Lincoln, Grant, Meade, Sheridan and Sherman; the sanitary commission and hospitable service, with lead- ing Cleveland women in the group, comprise the four subjects. On the esplanade about the tablet room stand four bold groups In bronze, repre- senting the four arms of the service. The infantry group exhibits a wounded color sergeant, waving his unfurled flag, while supported by a group of color corporals; the cavalry shows the advance guard, with color bearer shot and a boy striving to rescue the flag from- the enemy; a mortar gun and crew stand for the navy, and a typlcal short-range Scene represents the artillery. All are spirited groups and add much to the beauty of the monument. The interior of the tablet room contains THURSDAY, JULY 5, 1894, Faley, Joseph McGrath acting as groomsman and Miss Eila Donohud as bridesmatd. Mr. and Mrs, McGrath left-for Kansas City in the afternoon. SUPR ME COURT SYLLARBL Following are the'’syflabl of decisions handed down by the gourt at its last sit- ting: Pearson against Dayie.-Apy county. 1. OPinién’ by Justice Norval 1. The evidence examined and considered and held sufficient wpon: which to base a finding that the lots in ¢ roversy were gold and conveyed I Dgcember, 1884, and that the grantor in Fébfuary following ex ecuted and delivered to the same grante another conveyance ok the lots for the pur pose of correcting an Irregularity in the execution of the first deed 2. A deed to 1" eatite, executed, ac- knowledged and deliverefl by the grantor, I8 valld as between the parties thereto and those having knowledge of its existence, although the convevance be not witnessed 3. It is the established doctrine in this state that the lien of a judgment attache merely to the actual interest of the judg- ment debt in the land, and such lien {s subordinate to v equity existing against the debtor at the time the same attached. Rule pplied Wanzer against state, county. Affirmed, Opinion by Justice Norval, 1. Held, upon the record In this case, sufficlent to sustain crime of assault. 2. It is on! when there is a total fallure of proof in a criminal ¢ to support a material al ation in the information, or where the testimony adduced is of so weak or doubtful a character that a conviction based thereon could not be sustained, that the trial court will be justified in direct- ing a verdict of not gullty. 3. Objections to instructions not ra sed In the court below by the motion for a new trial_will not be reviewed by this court 4. Held, that the instructions were based upon the evidence in the case 5. An assignment in a petition In error of “error of law occurring at the trial insufficient to present for review the rulingi of the tr court on the admission or ex- clusion of testimony. 4 Appelget against McWhinney, Error from Johnson inty. Affirmed. Opinion by Mr. Justice Norval, en no motion for a new trial is made e the sufficiency of the evi- ain the findl will not be wed on petition in er 2. This court will not consider an assi ment in a petition in error that the v of the jury or the find the coul not supported by the evidence unles: evidence is before the court by a proper bill of exceptions, sainst Rollins. caster county. Aftirmed. Commissioner Ragan. 1. When partics to a contract stipulate that in cas »f a violation thereof the part making default shall pay to the other a stipulated sum, the courts will take the sum so fixed as the innocent party’s meas- ure of damages only when it appears that to do so will no more ti 1 comp ate his losses, 2. But in such case if the taking as the measure of damages the sum fixed in the contract to be pald for its breach will more than COmYeuSfl[c the innocent party the court will regard such sum as & penalty. 3. It 18 not the policy of the law to punish a party for violating his contract, rut to compel him to make good to others the losses they have ustained by his default. 4. The courts in determining whether a sum fixed by a contract to be paid for its violation is liquidated damages or a penalty will take into consideration the subject mat- ter of the contract; the consideration on which It is based: the intention of the parties and the language of the contract; but these facts, nor any of them, nor ali of them, will not necess control the courts' construction, = Patterson against te, Brror from Cus- ter county. Reversed and remanded. Opin- fon by Mr. Commissioner, Ragan. 1. Where a personiacqused of crime in- troduces evidence of his good character or reputation it is not mpetent for the prosecution to put in evidence specific facts tending to_prove it to be bad. Olive against State, 11 Neb. 1, followed. Shellenberger against. Ransom. Error from Otoe county. -Affirmed. Opinion by Commissioner Ryan. o 1. Statutes should be so construed as to give effect to the intention of the legisla- ture, and if a statute is plain and unam- al from Gage Mr. Chief Brror from Dixon Mr. Chief examination of the that the evidence is the conviction of the srror from Lan- Opinion by Mr. rily not preserved In the record this court must ’ assume that the motion for a new trial was properly sustained and therefore the motion for judgmeat properly overruled 8. Among such special findings were & number of Isolated facts In relation to the conduct of the plaintiff's wife and of the rallroad company, upon which defendant sought to have judgment lered; held, that the court properly refu to render judgment upon such findings because the Inference as to whether such facts con- stituted contributory negligence for the Jury and not for the court 4. Certain rulingd upon {he admission of evid e examined and held not erroneous. 5. Section 3, article ff, ehapter Ixxil, Com piled Statutes, p|u\ldl|u{ that ery rall- road company’ shall be lable for all dam ages inflicted upon the pe of passengers while being transported over It road, ex- cept in cases where the injury done arls from the criminal negligence of the pel son_Injured, etc, & not restricted in its application to actlons by the pagsengers #0 injured, but ext 1s to actions by third persons for damages sustained in conse- quence of such Injuries to passengers the rule of lability in this hushand for injuries sustained determined by the was cage by the by the wife I8 Yo be ute referred to 7. Whether a want of ordinary eare or criminal negligence” on the part of the slaintif himself would defeat o recovery ' this case is a_question not examined for the reason that the defendant did not plead the plaintif’s negligence but only that of his wife. 8. Section 110 of Statutes, providing senger ' of a raliroad jured _while on the R car while in in violation of the printed the company posted up at the time, in a conspleuous place inside of its passenzer cars, then in the train, said company shall not be lable for the injury, etc. being a limitation upon @ recognized lability, I8 to be strictly construed; and in order that such statute shail be applicable the car must be in motion when the accldent oc- curs and there must be some connection of sause and effect hetween the Injury of the passenger and his being upon the plat and notices required by the statute mu posted in the cars of the train wherein the accident occurs. 9. The married woman's act does not de- prive the husband of his right of action for the loss of services or companionship of his wife, and notwithstanding that act he may still recover to the extent that tu injury sustained by his wife incapacitated her from performing the duties that reason- ably devolve upon her in the marriage r tion, Mc\Whirter against Hatten, 42 Ia., 228, followed, 10. Where o marricd woman Is injured by the 1 of another two causes of action one for the wife for phys- 1 future ther ele such cases. The other for the husband for the loss of his wife's services and socicty and for rea- sonable expenses by him_incirred State ex rel Board of Supervisors of Holt county against Huzlett, Mandamus. Writ granted.Opfnion by Mr. Chief Justice Nor- val, 1. A plaintift canng chapter xvi, Compiled that in ¢ any paa ghall ~be in platform _ of motion ¢ ¢ ¢ regulations of ments , as a matter of right, dismiss his action after the final submission of the case to the court or jury. State against Stout, 22 Neb,, 2. Where lands are $eized on exccution or order of sale it is the duty of the county clerk of the county wherein such real estate is situated, on application of the sheriff in writing, to certify to the sheriff under his seal of office the amount and character of all liens existing of record a t s lands which are prior to the levy, and for which certificate and the nec- essury search therefor the said county clerk is authorized and required to collect and enter upon his fee book and report to the county board the sum of £, even though the labor of examining thé records and preparing the certificate was performed out of office hours by an employe of the office, or some person other than the county clerk or his authorized deputy. 3. A county clerk has no charge for official services fees prescribed by statute. State ex rel Board of Supervisors of Holt county against Scott. ~Mandamus. Writ allowed. Opinion by Mr. Chief Justice Nor- authority to less than the his cause I governed by the opinfon filed ewith in the State ex rel the Board of visors of Holt county against Hazl Gordon against Little. Trror from county. Reversed and_remanded. Opiniot: by Mr. Chief Justice Norval. 1. A joint assignment of error in a petition of " error made by two or mo which s not good as to all who n Joined therein, will be overruled as to all. 0 ©9999999 999090099 099999999 BIG PICTURE SALE. PICTURES AT A SAGRIFICE, ivery picture in our mammoth establishinent, from the first ked in large red figures at about Not a single picture floor to the roof, has been n alf of former prices, to sell them quick. is reserved, so this sale includes every picture from the ¢h artotype to the finest etehing or steel engraving. to furnish that bare wall of now, as we have told you before, the time to buy is when the other fellow wants to sell. This sale is for this week only. This is a chance nominal cost. Remember ) pictures, this week only, for.. s, this week only, for this week only .00 pictures, this week only, for. .. s, this week only, for..........o0 3,00 pictur .00 pictur $7.50 pictur $10.00 pictu this week onl $15.00 pictures, this week only, for. .. s, this week only, for .. $25.00 pictures, this week only, for Artolypes, Stee! Engravings, Etchings, Oi! Paintings, Photogravures, Etc. OUR TERMS. £10.00 worth of gools, $1.00 0 werk or £4.00 & month. 25,00 worth of goods, $1.500 week or #6,00 & month, £50.00 wortl) of goods, 2,00 0 wedk or 88,00 & month, $75.00 wortl of goods, $2.00 0 week or $10.00 & month, £100.00 worth of goods, £3.00 0 week or 812,00 a month, $200.00 worth of goods, £4.00 4 week or $16,00 & month. PRESENTS FOR ALL With # 5 worth of gooas, an Album. With #10 worth of goods, a Souvenir Spoon worth of goods, & Bisque Orna- With $60 worth of goods, a Framed Ple- With 498 \vorth of goods, a Center Tablo, With 8100 worth goods, u pair Luce Our- VISITORS RECEIVE SOUVENIRS. Send 10c for postage on big 94 Furnitur Baby Carriage and Refrigerator Cataloguce Mailed Free. Half Way at Shoopshead. SHEEPSHEAD BAY, July 4—Racing at Brighton Beach and Flushing drew many people away from Sheepshead Bay today. The weather was cool and pleasant and the betting brisk. The first race today was at & mile and a half on the turf, instead of the regulat on sprint. St.Michael and Sport were the choices, the former being the favorite. Sport ran about six furlongs and then concluded he had carried his load of lead long enough. His feet stuck to the urf, and he did not understand the gamoe. o 'stopped, and_when, Legget sousht to ersuade him to go he tried to go through o fence, Legget then turned the colt d trotted = bact to the stable. mesarion, & hot favorite in the second race, won with commanding ease. He was in front soon after the start, and Dogget took no chances. Mr. Jingle d Nahma rather surprised the talent in e third, They had their race from the art, and finished heads apart. Results: Firat race, mile and & half on turf: St Michael (8 {o &) won, Long Beach (6 to 1) econd, Chief Justice’ (10 to 1) third. Time: “Second race, five furlongs: Caesarlon (3 10 6) won, Silvie @ to 1) second, Jessle Taral @0 to 1) third. Time: 1:03. Third race, mile and an elghth: Mr. {ingle (o to 1) won, Nahma (6 to 1) second, eacemaker (7 to 1) third. Time: 1:53-5 Fourth race, mile and a fourth: Sir Walter (9 to §) won, Banquet (9 to §) sec- ond Roche © to ©) third, Time: 207 45. ifth_race, Futurity course: Waltseer @ 5) won, Connoisseur (3 to 1) second, onaco (15 to 1) third. Time: 1:15. Bixth race, one miie: Tom Skidmore (2 18,1 won, Dully America (41 to 1) second, ‘hattanooga (15 to 1) third, “Time: 1:39 3- Beventh race, two miles and a half: St. John (5 to 1) won, Westmoreland (10 to 1) econd, Glenfallon' (8 to 1) third. No time. the names of every one of the 10,000 soldiers and sailors who ~enlisted from Cuyahoga ocounty and the ladies who worked on the sanitary commission and in the hospital service. The record is chiseled on the white marble interior walls. The tablet room is to be heated and lighted by elec- biguous there is no.room for construction or interpretation. 2. Our statute of descent is plain and un- ambiguous, and by its own operation, and | 8 In an actlon of replevin, solely in accordance with its own terms, property has been taken under the writ vests In the heir such estate as he is | 8nd possession thereof de vered to the thereby entitled to .eo.instanti upon tume | Plaintiff, he is entitled, if successful in the death of the intestate from whom the in- | Sult, to have his damages assessed for the triclty. Beautiful beds of flowers will sur- | heritance comes, ' "% e ntion ot he sDroncrty dbyatie . The former o] lon in 5 case, - 0 o 8 assessmel ol roundihéibeeRsieanlanade! portell in 51 Neh, B diapproved. —o°% T | damages has been made by the court or Btate ex rel irst National Bank Stan- | JUry no judgment for dameges can be ton against Owen. Mandamus Writ | Properly rendered. denied. Opinion by Commissioner Ryan. Hunt against Huffman, 1. Under the provisions of chapter o0, Ses- | Fick county. Aflirmed. sion Laws of 1891, it is the duty of the [ Chlef Justice Norval. county board to act on the propositions of This case presents no question each bank to become a depository of cur- | @nd the decree of the rent funds of the county, as well as to ap- | Subported by sufficient prove the bond incident fo that relation. aflirmed, 2. The mere fact that a county treasurer has assumed to designate the bank {n which he himself shall deposit current funds of the county, and to fix the penal sum of the necessary bond, confers upon the bank designated no right by mandamus to compel the county hoard to aprpove the sufficiency of the sureties on such bond. Clarke against State. Error from Webster county. Reversed. Opinfon by Commis- sioner Ryan. The evidence in this case held not to have justificd a_conviction of plaintif in_error of the crime of larceny, as charged in the information against him. Sterling Lumber company against Stin- son. Error from Johnson county. Affirmed. Opinion by Commissioner Ryan. ‘Where the plaintiff sued on an account stated and defendant denied that an ac- count has been stated, but admitted that there was due to plaintiff a less amount than claimed, the finding of the jury sus- taining the defendant's averments will not be disturbed when, as In this case, they are sustained by competent evidence, no error of law having occurred on the trial. Lamb against state. Brror from Platte gounty. Afiirmed. Opinton” by Commissioner yan. 1. On the trial of this case the only ques- tions which arose worthy of consideration were as to the sufficiency of the proof to justify a conviction; upon full consideration of which it Is found that the verdict of conviction was fully justified. 2, Ordinarily the discretion of the trial judge In overruling a_motion for a new trial will not be disturbed when the sole grounds for sald motion are admissions 2. A judgment without a finding to support common white beans, $2.00G2.10; it is not void, but is erroneous. medium navy, $1.75, BQUAS 6e per doz. ONION CABBAGE—Good shipping has been spared. The Japanese warships at present in Corean waters are the Matsushima, the coast defense flagship Yaoshino, Yamato, Misashi, Takao, Chyda and the Tsukishl, cruisers; Agaki and Chokakan, gunboats, and Vaeyeamakan, dis-- patch boat. The Japanese army, which landed at Juenchan June 12, was divided into two dlvisions, one being left at Juenchan to protect Japanese there, while the other di- vision of 1,200 men went to Seoul on the 14th to protect the legation and Japanese there. When later news reached Pekin, an urgent telegram was sent to the viceroy from Minaverayun. The viceroy inspected all the troops under him and ordered them to pre- pare for duty. 3 A telogram of the 19th at Toklo, from Shanghai, reads: “There i a rumor that registration of the vessels of the China Mer- chant Navigation company will be trans- ferred to Germany.” When war with France became fnevitable In 1882 all the steamers of the Chinese Merchant Nayigation com- pany were registered to the United States and Messrs. Russell & Co. were made their agents. It Is usual for China to place her merchant vessels under tne protection of a foreign power and they think it a very clever expedient, as China knows in case of war she cannot protect them. If the rumor is true and the vessels have been transferred to the registration of other powers, it may be concluded that China has taken the step toward military preparation. On June 17 the village of Honmura, ad- joining Yokohamo, was destroyed by fire, upwards of 1,000 houses having beén con- sumed, and three days afterwards the heaviest earthquake experienced in Yoko- hama and Tokio since. 1880 occurred. In both places there has been loss of lives and great destruction of property. The fire started in a restaurant and for three hours spread with great rapidity. A desperate fight was made to stop it and was made suc- cossful through ald of men from H. M. S. Jentury. The loss amounts to hundreds of thousands of dollars and several thousand people are homeless and destitute. The loss of life by the earthquake is severe, twenty persons having been killed and many wounded, the number of the latter not being known. Casualties to property of one kind or another are numerous and might, if it wero possible for the press to ascertain and record them, be given in hundreds. The destruction Las been very serlous, as may naturally be expected, and several tens of thousands of yen kien will have to be disbursed on repairs and renewals in Tokio, Yokohama and wherever the shocks were violent enough to cause disaster. Fortu- nately, the catastrophe took place by day instead of night, or fire would have added horrors, as usually Is the case when a severe earthquake takes place, It has always been thought that there Is some sort of relation between volcanoes and selsmic phenomena and the greater violence which Asamayala has manifested within the past few weeks may be Inductive of this mystery. The following are returns of principal damages caused by the earthquake: Deaths, nine men, eleven women; wounded, 128 men, 108 women; Inhabited houtes demolished, eleven; vacant, twenty-elght; houses par- tally demolished, fifty-four; houses dam- aged, 8,511; godowns damaged, 204. In ad- dition to the above the ground is cracked and sunken In elghty-six places, 172 chim- neys have been thrown down and 506 stone lantern tombs have fallen. The officers of the Empre:s say when they left Yokohama the plague was decreasing. Although the ship touched at all Chinese ports, she brought no Chinese passengers as a matter of precaution. When at Hong Kong thousands of coolies were leaving there dally for Canton and other ports. The city 1s in a measure deserted and looked de- sertad. Foreigners there are silll free from where the lexas summer squash, on orders, On orders, California, % per Ib. stock, on orders, ARAGUS—Good home grown stock, at d0@ie per doz., on orders. ATOIZS “Good shipping stock, per 4 basket S140 BiANS—Wax, s0c; er 14 bu. basket, bic. Good stock, per’ bu., $1.25. Holce stock, per doz., $1.250@ 150, S CARROTS—New southern carrots, per oz : FANS bunches, 80Gi0c. AN 2Y—On orders, per doe. bunches. 25@30c. 2 IPS_New home grown, per bi., blc; home grown, per doz. bunches, ZiGdle. FRUITS. ttle dolng in the frult mar- - will be no auction sale 18 expected in about scarce WORDS WORTH REMEMBERING. basket, per 1% bu. Appeal from Mer- Vice President Stevenson Glves the North Opinion by Mr. Carolinians Some Good Advice. GREENSBORO, N. C, July 4.—Vice Pres- ident Stevenson was the attraction at the Fourth of July celebration today on the his- torle battlefield of Guilford court house. The vice president was received enthusiastically and made a speech, in which he sald in part: “We are not strangers. The history and traditions of the old north state are as dear to me as to yourselves. The blood that cours2s through my veins is that of the men who, with your brave sires, a little more than a century ago, first gave to the world a declaration of American idependence, the men who have for all time linked the name of Charlotte with that of Runymede and made Mecklenburg immortal. In the great struggle for independence North Carolina played no mean part; her sons stood in the front ranks of those who first braved the hostility and resentment of the British crown. Her sons were the first to realize the necessity for separation and the estab- lishment of American independence. It must not be forgotten that the love of liberty and the hatred of tyranny, which found expres- slon In the Mecklenburg declaration of May 20, 1775, touched a responsive chord in the breasts of the ancestors of many of those I now address. In pledging their lives and fortunes to resisting British oppression, they sounded the keynote of the national Declaration of Independence, which, 118 years ago this day, was proclaimed by the conti- nental congress at Philadelphia. To North Carolina, then, belongs the imperishable honor of having taken the first step toward securing to the American colonies independ- !nc‘s] u!l thle British crown. “But what of the future? What will b the verdict of history as to the m‘hlevememi of the present generation? In all that makes a state truly great is North Carolina to lag behind or to keep even pace with her sister commonwealths In the century upon which Wwe are soon to enter? With an area of more than 50,000 square miles, stretching from the seaboard 500 miles to the western border, with a breadth of 200 miles from north to south; with a soil happily adapted to the supplying of all wants; with a climate unsur- passed on the continent; traversed from north to south, from pine forest to mountain fast- ness, by railways, her mountains overflowing with every varlety of mineral wealth, word, so abundantly blessed with cholcest gifts, North Carolina, of law, lower court being testimony it is Jewett against Chamberlain. Johnson county. Affirmed. Chief Justice Norval. 1. In case a subscribing witness is ab. sent from the county in which the suit s pending, or if he dentes or does not | the execution of the instrument to which his name is subscribed, as such witness, its execution may be established by other com- petent evidence. 2. Held, that the cvid dict, and that there is no er of_the court, Esterly Harvesting dgamnst 'ri gle. Error from Perkins county, Reversed. Opinion by Mr. Justice Post. Neither the promise to do nor the actual doing of that which the promisor is by law "(:r Nlll\)lsflllll.' contract bound to do is a suflicient consideration to support @ prom- 1se in his favor. PROTSS Drom goree against Stubbs Appeal from Sarpy county. Opinion by Mr. | poor_prospect. Justice Post. : By M | i Avple crop will Do far 1. The purpose of the act of 1873, entitled | &V pauntiesteeportin An act to quiet title to real estate” (sec- gent oy fa” tions 67, 68 and 59, 1xxiii, common _report, Rome Ioealiics 1 piled Statutes), was to abolish the fiction | JIeld Wil be abo tng. & dhe aualityip! of constructive po on ‘and. prevent a | oo fenerally Kood, o ater: panc v multiplicity of suits by a determination in | Jlen eonp’ o pears: plums, hale o one action of the rights of all persons as- | halt ot cherries s serting title to real estate. crop; blackberries, av 2. Any person clalming title to real prop- [ ° Iowa-Iuir crop appl vy in this state, whether in or out of | lght crop; plum: e possession, may maintain an action against T cent crop half crop; blackberries, any person or persons claiming adversely | average; othe trulty; p for the purpose of determining such estate | WiscolsinApplex plums and ch ?J:.} Juteting title. Holland against Chal I éaota—ADPIG. DroypRots poor and the 3. The fourth proposition in the bus | Ficld for e S Dackbertice, averuse; raspe & Juror as to his Knowledge of the cha of the case of the State against the 8. C. | Bervies and othe fair, acter of the accused, when such admis- | & P., R Co. 7 Neb, 857, overruled, Teports. from. Ohfo ire too meagre to permit O e L h s aatant 4. “The provisions 'of {he revenue law By | of giving a full report, but from the inform e (ily when upon his volr dire éxamin: | Which taxes are declared to he a perpetual [ tion at hand the conditions as to fruit appe s en furor: hnd answered that he | llen is designed for the benefit of the state [ to be similar to those in Indiana and Tiinots. B i D efudice which would prec | and the different municipalitics, which are RRIha=None reportodirecelyed; T T i B authorized by law to provide revenue by chalce stock, 81 Briaton. Voluntary Rellet assoclation | taxation. T T JZurlington, Yoluntary, 1 5" Purchasers perty at plenticul, T Affirmed. Opinfon by Commissioner Irvine, | Whether for investment or every da Tho questions ted by this case 1 of securing the title theretc Aihe qResliopa D e the remedy prescribed by B sbstantinlyithernameipaitiione s 6. The limitations of evenue law | celvid et ‘White. the judgment Is aftrmed for | With respect to the period within which an | fwa w asn hite, ithe action must be brought to enforce a tax | §2.25 e e lien does not relate to the remedy me SIS Sty Tuversed and re. | but to the cause of action. Alexander 2 oy cipty were TRADE MARK & Error from Gage county. Reversed and re- | but, to the, cuuse of caction. exander B ety The: receloly S mors Nty mw““]nda ock 10 manded. u;.nn“n l»)‘1L}nnlml:uiu:wr"h'\'m o b Bhe. who' collects. injurious or offensive e e el 3 o OMAHA GENERAL MARKETS, | pqicl o M'.,i% aMweII " Srror from Opinion by Mr. A report has been prepared by the Farmers' Review on the conditions and prospects of fruit as follows: In Iline not o go0d . Pea a complete fallure ries a light berries, heavy Michfgan Is among the fortunate states. Her apple crop will be large and the partial fallure in other states insures good prices. Peaches mise well; pears, average crop; plums, fai good crop; blackberries, light crop; small fruits, fair. Apples, poor’ prospects; t] 5; plims and cherrles’searce; g ckherries, large crop; other smali fr A ordinary Re- uvenator {s he most wonderful discovery of the agze. It has been en- dorsed by tho leadingscien. tific men of Europe and America, Hudyan _ 1s urely vege: ablo, o Hudyan stops Promaturensss of the dis charge in 20 days. Ci LOST MANHO0D few apples will be sent to market, han one county In nine reporting & s and pears are regurded as Plums are a_poor crop; cher- irospects for grapes and black- Falling _8e sations, Nery- ous twiiching of the ey and other paits, Strengthens, invigorat and tones the entiro system. Hudyam cured hebility, 'L'"’unl‘ne b missions, anddevelopes resto; weak organg. ains in- the ains the ver- in the charge Machine company ot Thdians g orop of ot al. and vl Aftirmed. Do chapt Com- REY EL SANTA ANITA PROVES HIMSELF Wins the Sherldan Stakes Easlly From a Good Fleld at Washington Park. WASHINGTON PARK, July 4—A big holiday crowd attended the races today and saw several excellent contests. Rey el Banta Anita proved that his winning the Derby was not an accident by easily cap- turing the Sheridan stakes at a mile and & quarter, He was o 3 to b favorite, and after tralling his fleld for a mile he came away and won without being fully ex- tended. In the first race Rasper beat Sunup 'In a furious drive by a nose. Yo Tamblen only galloped to win the second. Gunwad was an easy winner in the third, Pat, backed down from 10 to 6 to 1, landed the'fifth for the Scoggan stables. Egbart, the favorite, won the sixth, and the last event went to the speedy old Geraldine. Results: First race, five-elghths of a mile: Rasper @ to 1) won, Sunup @ to 1) second, Over- ella (8 to 1) third. Timé: 1:02, Second race, mile and an elghth: Yo Tambien (1 to 6 won, Gloaming (5 to 1) econd, Lalke Spear (40 to 1) third, Time: ad (3 to 1) fallure; pears, i ch 5, 80 Quickly. Over 2,000 private endorsements, Prematurencss means |mP0lL‘flC in l.:! Arst stage. It is a symptom of min; weakness and barrenness, It can b stopped In 20 days by the use of Hudyan. he new discovery was made by the spec. falists of the old famous Hudson Medical Institu.e, It 1s the strongest vitalizen made. It 1s very powerful, but harmless, Bold for $1.00 a package or six Dlflkflfl‘ for $.00 (plain sealed boxes). ‘Writte) Euarantee miven for & curc. It you buy six boxes and are not entirely cured, six more will be sent to you free of all charges, 8end for circulars and testimonials. Addreas HUDSON MEDICAL INSTITUTE 1032 Market St., San Francisco, Cal. les good; quite tax sales, s coming but and 38— Th ! con none re- ant to 1 the last more. nominally to am ovks or matter upon his premises, which by perco- were lation, |.msm\|.~.~w= llu'uu‘)l:h anuln»rmn(u;n ACHES: In a | streams or otherwise, pollutes his neigh- [ —— nature's | bor's well, is liable for the damages thereby | Condition of de and Quotations on T am per- | Sustained S 1] N AT Staple and Fancy Produce suaded, s just entering upon a career of | mataimten oo e CFar” of covery of | mhe volume of business transacted yesterday wonderful materlal prosperity. K e e i G well was known | Wa8 very light and consisted mostly in lling “This fs, Mr. Prosident, tne fitting hour | bo e Hefendants it is sulticient that KUCh | small orders for the hollday trade. Prices were and place for this great assemblage. Today, tion was the natural and prob- | not terially changed. the Fourth of July, there are no state lines sequence .,'1 ,“!“';" «:l.ll( 8 n\(::fl o BUTTER—The market in packing stock s still o ssctlons, but whether our ablding place aninfyof such | chirac qustable at 10c, but semo Luyers are said o bo is on the banks of the St. John or on the | o plaintift’s land the blaintiff should Vataning 0D ang:eok o . as anxlous’ Lop Columbla, whether It Is on the seaboard or | cover in one action all damages present | It is they were not, or upon the banks of the great Father | or prospective. But if the injury was tem. | EOGS-The egg market has not shown much of ‘Waters, we are all Americans. Thank | perary in its characte wid onpable of | ehange for the past week, S0 being the general God, we are all cltizens of a common coun- | e, YN, e Tt amagdos o T Food muny DOOF cgis, aht’ (e try, with one flag, a common history and a | only be recovered Up 'to the commence- andiing them out | small ften common destiny. Standing upon this his- | ment of the action, the Injury then being v RY-SThe general poultry. ma toric spot, consecrated by the blood of he- [ In the nature of a continuing nulsance. saw., Old : Vary plapty market at $3. roes, we ilft up our hearts In gratitude to | 4 The fact that the injury could —be "o quote i ing ohicleons There T8 & falr SupDly of B flag wo have In the largest dogree liberty— | the plaintift to uch pecovery us wouia mostly bird not the license of the anarchist—but liberty | compensate him for reasonable expenses | consoquence regulated by law. The sons of the heroes | incurred in avolding the injury turkoys, of King's Mountain and Guilford can never | . 0. The plaintiff having introduced evidence forget that this flag is the symbol of con- VEAT that other wells in the pelhborhood of the | the B0 warm that 1t would bo im. hRXeCal ol D rco'nt pallution complained of were like- i stitutional Iiberty; the sternal symbol of ‘an | SuECS, ot Red: nela; Tha o'an b undivisible union of Indestructible states.” Domsible Fecaiver o be very indepehaent: utlo Bource Of o S hiat evidenca. an Le- | Cholce sl veuls are quoted at 6Y@0o; f=Almends, 1017 half of defendant to show that other wells “You should never forget all your hopes . and aspirations are bound up in the consti- } ed ot o great Ais ¢ CHE Thore ‘1a somo very tution of our fathers. Guard this constitu- | Missible bito 4 ¢ % tlon s the very ark of the covenant. AL | ,omans & Rerubitan, rond | i, Siric] imbupees whatover cost, the federal union—this grand | jon by Commissioner Irvine. ol Mnlbe, Mo, 1, ifGle. union of people and states bequeathed to us [ Omaha Republican Vulley Rallroad d, but the bil ‘ by our fathers—must be the heritage of the | company agulnst Chollette, 26 N ly‘ futuro goneratlons of our countrymen. Let | Same cise, & Neb., 18, followed bim be accounted the common enemy who, whatever the pretext, would weaken the cords that bind together all states and sec- \ 169, and | fed up keep i Ny nd re land, 3§, firmed. 2. C. sued a rallroad company on ac tions of our common country in fraternal union. California, penclies, good stack, Third race, one mile: Gun won, Tippecanoe (20 to 1) second, Little Walter (8 to 1) third, Time: 1:424, Fourth race, mile and a quarter: Rey el Banta Anita 8 to 5 won, Prince Carl @ fo.1) second, Peytonia (0 t6 1) third. Time: ACHIES: yesterday. ¢ The supply of wod stock, $1.50. PLUMS-Only a few California plums are comin yet, and they range in price from $1.50602.50 per box, according to size of the fruit and variety PRUNES from Californla, an peaches was light THR GREAT L HINDOO REMEDY VOLDUCES THE ADOVE BESULTS A few boxes of prunes are arriving three-quarters of a mile: Pat are worth about $2.00G2.%5 Promenade (4 to 1) second, mele Luke (20 to 1) third. Time: 1:15 Sixth_race, one mile: Egbart (7 to 5 won, The Kitten (10 to 1) second, Marlel @2 to 1) third. Time: 1:421, Seventh race, three-quaricrs of a mile: Geraldine (6 to 1) won, Lulu T (10 to 1) sec- ond, Pedestrian (3 to 1) third. Time: 1:14%. nia figs have arrived, ¥ Are quoted at 31 ! A Salitormia eirs, good abipuing wtock, | Pire ihisle Loat baan pastabuses and qu ood in old or younj crfod TROPICAL FRUITS, 7 BANANAS- 1l when s and 4 b 95,00 with a frufts are ket the dem! r b1 TS Cholce Mook [ ropal Cory CHICAGO, TLL! or thale Agentés ith aud Dovigrass Bua, e Ut A surely Festort lemons, 400 fancy cholce Temons, 4,100, and nin Mo Bweets LAMPLIGHTER'S FRIENDS DUMFPED, Sir Knight at 5 to 1 Wins the Independ- ence Handicap at Brighton Beach. NEW YORK, July 4.—At Brighton Beach today the weather was delightful and the blg holiday crowd was in good humor. About forty bookmakers weighed in ana | triad. Eore ! from the many anxlous depositors. The | the outbreak, the 5th of Ma : y, up to the 11th eard wis not particularly brilliant, but in | of = June, noon, 1461: grand. total 1647 Several Inatances the (fnishes served to | From noon untfl §'p. m. today at the Tung erew Y h Tite, | Wah branches (glass works and slaughter day was the defeat of the favorite, npAlah e mostly cansed by the bad | house), new casea 18, of which one death sotbons of Lowlander, who spolled severul was on arrival and ten since. Stasis and finally was the cause of & bad | Tho drouth in Japan continues and the Blast for the favorite. Results rice crop is threatened. - Pirwt racs, fve-cighths of a mile: Nick e 7 oAt 03 1o eco obi . g 1) o, Waleatt 5 to 1), second, Robin | One word describes it, “perfection.” We s o e joe Tipley (4 to | Tefer to De Witt's Witch Hazel Salve, cures o e General (10 to L second, | Plles. e tavan) third. Time: 1:4. Ynéw, Mteeplechane, short Heow Trks (4 1o 1) won, Duffer (8 g, Mover (4 o 1) third, Time: 808 ueth suce, Nva-sighths of a mile: Pont o gy fo 1) won, Tligo (4 Lo 1) second, £344 (8 te 1) third Time: 1:03%. WM pucs, one mile: Wir Knight (5 to 1) @ 1o 1) Tima WALL STREET! and wha that ha very desir iblors, 6410 FIGS—Fancy. Oporate successtully In Wall DATES~1Hall our Co-Operative K. K. St ceipts w heavy, but | S50 oy canie Lo Rividends paid up to June 10th, 025 7 . ows treot through ok Syndiont 1894, as fole cholce Wiscon- Wisconsin, ~ full braska and Tows, and lows, part , 10c; brick, No. 1, was Valley Rall; Aflivmed. 1 green hid i No. 2 g '8 b, to 16 to i 1bw., dc; N 5 . 2 dry fint ‘hidos, hides, 4c; part eured hides, Yo fully 'cured. SHEEDP green salt ench, 6@15c wking), No. 1, 1 dry flint hides No. 1 dry salted er Ib. less than cult, 8 b, it 7 #ix mi tion our plan e’ on Highest references. WEINMAN & 00., Stook wnd Gral Brokers, 41 Browdway, New Yorks cosn of the de rallronds belng $8.60; n applications PELTS—-Green salted, each, A shearlingy (short-wooled early skins). ary shearlings short-wooled early eich, 5@10c; dry shearlings (short- Wooled early’ wkin), No. 2, each, be; dry flint, Kansas and Nebraska butc ool ' pelts, per 1b., actual w 6@sc; dry fiint, Kansas and Nebraska wool per Ib., actual welght, 4G Aint, buteher wool pelts, per Ib., mctual W A@7c; dry fint, Colorado murrain wool peits, per ib., actual welght, 4@ Cantaloupes are TALLOW Tallow, No. 1, 4@ $1.60 per doz. 4e; tallow, No. 2, @ i ETease, white A, Q0. bunches, 30@de, ! ¢, dc; grease, yellow, o} G2l4c; beeswax, Bace; by, ton ¥ vttt e — Two Little Fires. Fire broke out in some of the brick yard buildings on South Thirteenth street last evening. The blaze was soon extinguished. About 9§ o'clock In the evening a lamp ex- ploded In Mrs. Stoney's house on Eighteenth Btreet, between Webster and California. The flames damaged two rooms and contents to the extent of $200. fair; supply hay, Light of personal injuries sustained by his The Jury returned a general verdict for the laintift and a number of spectal findings Ithe court overruled defendant's motion for judgment on the special findings and sus- tained plaintifi’s motion for & new triul. A second trial resulted in another verdict and a judgment for plaintift. The defendant as- Sifned as error the overruling by the court of its motion for judgment on the special i findings at the first trial. Held: That as it u was nowhere pointed out wherein the dls trict court erred in sustaining the motion for a new trial and as there were assign- wents 1n such motion referring to matters gun clubs are not using as course: 0 warm. Old to 1) WM. LOUDON, Commission Merchant CRAIN AND PROVISIONS. Private wires to Chicago and New York. business orders placed on Ch'cago Board 100081 VG ETABLES supply 18 light and the mar- $20.000125.00, —— POTA ket firm, The unrivalled bouquet that Cook’'s Extra Dry Imperial has, has made it a favorite with all good judges. e eyt MoGirath-Faley. At the Holy Family church yesterday - I morning Rev. Father Hillman united in mar- arriving on o, BEope it e (4 to 1 Il ety tace, mile wnd an y i Oy 16 1) won, W W (2 to 1) second, e Cingtar (b 14 1) third, Time: 1:67 P ™ old’ butter ©@s0c per dos. ugh tallow, % e. l Correspondence solicited. 2 e Erodie® see TR Al M jauga; | DeWitts Witch Mazel salve cures piless Dilieioae 1, &, N7 Tork L Builiing IN PEPPERS— % bu. box, T5e. QLD BEANS-Mand plcked Bavy, DeWitt's Witch Haxel salve cures plles, rlage Mr. Martin J. McGrath and Miss Aggle ST il