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

Overcoats and Ulsters ARE IN THE SOUP! Too warm to sell Overcoats so we will force the sale of SUITS, and we put about 800 of them all at one price, some of them They consist of fancy Cassimeres and Cheviots, and all kinds of weaves, at sizes from 84 to 44, $6.BO each. Our Black Clay Worsted Suitsin Cutaways as well as in Sack, Straight or Round Cut, Bound or Plain Stitched, at $8 each; sizes worth as high as $11. from 84 to 44, lar cut. Shorts and Stouts and Extra SizeS. A line of fancy weaves in silk, mixed and _ basket cloths, neat, dark effects, cut to fit a short and stout person, extra sizes or regu- Can fit any one in these garments at $10.00 each; worth $17.80. Sizes from 84 to 50. M. H. Cook Clothing Co., successors to Columbia Clothing Co., 18th and Farnam Streets, Omaha. HELD FOR GRAVE ROBBING Prof. Alexanler of Cotner University and Two Students Bound Over. SMALL BONDS REQURED OF ALL Benate Chamber and Houso of Representa- tives Belug Placed in Order to Re- celvo the Nebraska Legislators— Giving the Members Seats. LINCOLN, Dec. 5.—(Special Telegram.)— Acting Judge Wurzburg rendered his decision In the case of the state against the alleged body snatchers of Cotner university this morning. The examination closed yesterday at mnoon and the judge took the case under advisement. Defendants J. E. Waller and T. M. Ward he discharged. He held to the district court in bonds of $100 each Prof. B. J. Alexander, D. L. Mehan and J. A, Burford. As the jury for the present term of the district court has been discharged the case cannot come up for trial until some time in the lat- ter part of January or the first of February next. Messrs. Owens and Oliver became sureties for the defendants. PREPARING FOR LEGISLATORS. The senate chamber and house of rep- resentatives have been decorated with most elaborate and striking wall per. The figure is comprised of large plaid, forcibly reminding one of the bizarre suits worn by the average stage Englishman, A rajresenta- tive-elect today quietly observed, as his eyes roamed from floor to celling, that he was very much afrald the speaker, in the presence of that wall paper, would experience some difficulty in making himself heard. The gen- eral effect, however, is not unpleasing, as the sizo of the rooms warrant large patterns in the fnterlor decorations. The secretary of state received today a large number of applications for seats in the two houses, more especially from rep- resentatives. fty-nine members of the house and twelve as follows: Names. Brockman ¥ . senators have been seated cats, (Names, B 1 Davi 2 Baco 3 Grimi ton 1igging Ricketts IS Seott . Burns, “Joseph Guthrie I I Harkson omas Zink .. Johnston Spencer § MoVicker 13| Chase 14| Hinds Richardsc 5 Richards Cramb Jenkins | 18 Chapman Harrison 19 Burch Harte . Rouse 21 Caine Burdick 22| Casper Miles 23| Rho Kaup 25 Sut, Crow 26/ Burt Cooley 2| Bern: Sisson 8(Ely Orton B Roddy Heecher ..... ! 30| Pohlman Burns . tl The following senators have been supplied with seats up to date: Smith, of Douglas; Tett, Cy Graham, Gage; Pope, Saline; Hahn, Adams; Bressler, of Wayne, Stanton, Madison and Pierce; Crawford of Holt, Gar- fleld, Wheeler and the unorganized territory north of Holt and Keya Paha; Cross, Jeffer- son and Thayer; Noyes, Douglas; Sloan, York and Fillmore; Watson, Otoe, and Stue- fer, Cuming aud Burt. There are 100 mem- bers in the house and thirty-three in the senate. COSTLY BLAZE. Between 12:30 and 1 o'clock this morning the big two-story bullding in the suburb of Normal, owned by C. W. Hoxle, was de- stroyed by fire. It was occupled on the first floor by Minor Woods, who conducted a boarding house and grocery. The second story was devoted to rooms rented by stu- dents. Nothing was eaved. The furniture in the rooms and the fixtures in the restau- rant were owned by Mr. Hoxle. The loss on the building is estimated at $4,500 and on the stocks and furniture at $4,000. The building was insured for $2,000 and the fur- niture and stocks for $2,500. TO ENTERTAIN THE OFFICERS. The visiting” chlefs of police and mayors of the state will tomorrow be tendered the freedom of the city by Mayor Weir, and it 1s considered certain that they will be well entertained. Tomorrow evening they will be given a theater party and reception at the rooms of the Commercial club, On the day followlng they will be taken in carriages to the penitentiary, asylum and other points of interest. The sessions of the Chiefs of Police unfon will be held at the United States court room, LINCOLN BREVITIES. County Attorney Woodward this morning flled informations against Crawford for forg- ery, Bud Clark for horse stealing, Metz and Mileham for burglary, Hioton for assault and battery, Lybolt for get- ting goods under false pretenses, Grossman and Grossman for grand larceny, and Larkin for larceny from the person. Clerk Baker files a lengthy answer to the application of the receiver of the Capital Na- tional for an order requiring him to pay over certain moneys in his possession, in which he says that he has claims for costs that ought to be paid out of that sum, as all the other parties to the cases are elther non- residents or insolvent. Sherift Miller yesterday afternoon sold the Gus Saunders residence property on D street and his half interest in a lot opposite the Capital hotel to the First National bank of Barnesville, 0., for $6,010 to satisfy various Jjudgments against him. J. 8. Meck, a young man of 22, aflicted with epileptic fits, was sent to the asylum yesterday by the Insane board. The case of J. A. Buckstaft against the Granite Insurance company was submitted to a jury this afternoon after the twelve good and true had been permitted to go and view the scene of the fire. Judge Strode is now engaged in hearing the case whereln Thomas L. Stephens sues the Bankers Life Insurance company for $3,600 damagss for alleged breach of contract of employment. He claims that he was hired for $200 a month for two years to do fleld work, but after serving nine months was let out without warning and without being paid all the salary and expenses due him. The company claims that Stephens quit them without any provocation and declined to ful- fill_his contract after he had gotten about $600 more than was coming to him. They sue for this $500. In the case of Crooks against Rader, a real estate commission case, the jury failed to agree. The Prentiss Brown Stone company asks the court, in the interminable controversy over the Conservatory block, to confine the ccounting to the $7,001 which Mr. Lamb paid for the bullding at sheriff’s sale, claim- ing that he had no right to go ahead and complete It, except at his own risk. The Lincoln Furniture company began sult in Justice Spencer’s court today to replevin two presses and other material from Willlam O'Shea, who operates a print shop and bind- ery in the Humphrey block. Constable Spelts made the levy and took the two presses. Mr. O'Shea says that the seizure was {llegally made, and that he will sue for damages. He had sold the stock to Irwin & Bennett and taken a chattel mortgage to securs some notes. Meanwhile he bought some furniture of the plaintiffs in this suit, and among other notes gave them two which were secured by the mortgage. Irvin & Ben- nett could not handle the shop, and Mr. 0'Shea took It back, releasing the mortgage. The furniture company declined to try to collect of Irwin & Bennett, but sought today to take the stuff under the chattel mortgage given by them to O'Shea. The case comes up Saturday. A CURRECTION. An Irrelevant Paragraph Inserted Auditor Moore's Report. Yesterday The Bee contained the full text of Auditor Moore's biennial report of the affairs of his department. The report as published contained the following paragraph “Several ex-members who have heard that thelr particular session of 1891 pald for enough Jack knives to entitle each member to six of the lmplements swear upon thelr Into honor that they never known that persons who did obtain knives drew them by means of requisitions made out by Eric Johnson, chief clerk of the house, and the secretary of the senate. It is not known what the result would be if this were followed up all along the line. There was a large army of employes, who are c{en{lrllurl with assisting in consuming such stu The Bee 15 advised by Mr. Moore that this paragraph was not a part of his original report, but i3 an excerpt from comment made upon the report by a Lincoln news- paper. saw ome. It is Killed the Ice Business nt Ashland. ASHLAND, Neb., Dec. 5.—(Special)—The matter of Swift and Company’s ice house at this point is causing a great deal of com- ment at present. The fact that the ice house is to be shut down for a year or removed en- tirely means a great loss to Ashland. This evening Foreman Cox recelved orders from Swift and Company to discharge his men, as there would be no fce put up at Ashland this winter, owing to the action of A. B. Fuller, who retused to allow them to fll their pond from which they get their ice. Fuller owns the mill and electric light plant run by water power from the Wahoo, and he has the gov- ernment mill charter of the stream, and has asked Swift to buy him out at an enormous price, which he refused to do. A. E. Yont, left back on the university foot ball team and coach for Ashland, .stopped off in Ashland a few days on his way east, where he expects to play on the Harvard team next year, as he enters Harvard January 1. York Notes and Personals. Neb., Dec. 5.—(Special)—Last night the residence of Judge Bates was robbed. Among the articles taken were two valuable gold watches, a diamond pin, and several other pieces of jewelry. State Superintendent-elect Corbett will speak at the U. B. college of this place the coming week. A brother-in-law of the late Joseph Cemper, who committed suicide here a few days ago, arrived here yesterday. The body was buried at this place. The mother of the de- ceased was too ill to be present. The York County Farmers' institute be held at this place December 18, 1894, extensive program will be rendered, good attendance is expected. ings are always well attended. YORK, will An and a These meet- ¥a‘'al Bicycle Accident at Lincoln. LINCOLN, Dec. 5.—(Special Telegram.)— Fred D. Martin is under arrest at police headquarters for running over Mrs. Minnie Dawson with a bieycle. The collision oc- curred at the corner of O and Twelfth streets this afternoon. Mrs. Dawson, who is in frail health, is seriously injured, and it is thought she cannot recover. She is the wife of one of the guards at the penitentiary. Martin 18 21 years of age and conducts a towel exchange. He clalms that the accldent was one which it was impossible for him to avold. Violated Kansus' Liquor Law. FALLS CITY, Neb, Deec, 6.—(Special.)— A report came from Sebatha, Kan., that Eugene Casey of this city, who was conduct- g a club room in that place, was arrested there last night and fined $300 and sentenced to sixty days in jail for selling whisky. He has a family here and has been running the room for about six months, He had his goods shipped here today, Farmer Commits Sulelde, ST. PAUL, Neb,, Dec. 5.—(Special.)—Mads Nielsen, a Danish farmer about 40 years old, living about four miles south of Dannebrog, committed suicide by shooting himself through the head with a shotgun yesterday afterncon at his place of residence, ° Sick- ness and despondency appear to have been the cause, He leaves a wife and three chil- dren, Death of lumbus Veteran. COLUMBUS, Neb., Dec. 6.—(Special Tele- gram.)—J. B. Tschudy, member of the Grand Army, dled here last night, aged 68 years. For twenty years he has been quartermaster of Baker post. The 2-year-old child of Miles Ryan of Omaha took sick here today of scarlet fever. b IN COLORS OUR CHALLENGE BARGAINS All St‘ll.ln‘l\‘l.\ly\lc Goods. COVERT GLOTHS, All popular mixtiré¥ Would be a good value at 50c. Rewémber the width, full 50 inches, at 25c¢ Pér Yard 10-Incli A1l Wool IMPERIAL, PWILLS, 39c¢ Peér Yard Regular stock price has been 60c. Not a job lot, but shown in a full line of desirable shades. 46-Inch Navy Blue ENGLISH SERGES. A magnificent quality. An absolutely water-proof fabtie, and would be a good value at 65e. 39c¢ Per Yard 50-Tnch All Wool NAVY BLUE CHEVIOT, 57c Per Yard A regular £1.00 grade, having the pop- ular ROUGH FINISH. This fabric is being used extensively for skirts. Inch All Wool FANCY CHEVIOTS, 25¢ Per Yard Two separate lines. price, H0c. Regular stock All Wool and Silk and Wool IMPORTED NOVELTIES, 59¢ Per Yard Former retail prices, T5¢, $1, and $1.25. Also a separate line of German Tailor Cheviots. A special feature of this sale is- OUR BARGAIN COUNTER Containing many lots, all marked down less than the original costs, such as SCOTCH PLAIDS, BLUE * FANCY CHE HENRIETTAS, » ETC., ETC., ETC. BLACK DRESS GOODS 87 Pleces 45-inch ALL WOOL Black Fancies In 25 different styles, goods that are positively worth $1.00 to $1.25 per yard, to be closed out this week at only 69c Per Yard We have added to, this lot much more expensive goods than those sold by us before at this price; so as to clean out our wholesale stock. LOT 2—45-inch all'wool black henriettas, for’ which $1.50 per yard has beeh the regu- lar price, to bg closed out at PER this week's sale af only..... YARD HAVDEN; THE OMAHA DAILY BEE: THURSDAY, DECEMBER 6, 1894. HAYDEN BROTHERS. " GKEAT CLEARING SALE BOYS' AND CHILDREN'S CLOTHING Customers will appreciate our making these reductions now=-it’s what you want the goods you find OUR prices cut --we don’t wait till you've bought. BOYS 01TS BOYS" SIS BOYS" FINEST All wool, suits, that we down to...... double aged 10 to 15 and $4.50, down to they have been $( down to $2.50, and the 19 year the $4 breasted knee e $4. All wool, 3-piece, coat, year: Heavy brown cheviots, sizes 13 to 19 years, were $3.75, down t0.. . ... e esre pant and $2.75, $1.98 $278 $3.48 ants and vest, they were $0, $5 All wool double breasted knee pant suits finest cheviots, wor Boys’ Overcoats— $1.98 Boys’ Cape Overcoats— Ages 3 to 12, the $4 quality, down to 2 25 quality down to. . Boys' Ulsters— Extra long with deep collars, sizes 12 to the $5 ones down to $3.75, and & ones down to ... een SILKS! Sl KST SIS We have a few pieces left of that all silkk 27-inch cream Japanese crepe chif- fon that you can’'t purchase elsewhere less than 75¢ a yard, and our price on it is only 20¢ yard. 10 pleces all silk Gauffre crepes in evening shades, worth 50¢ a yard, for only 20¢ yard. Have you seen those beautiful all silk ice crepes we are slhowing, in evening ? Benutiful quality, full 24 inches only The yard. We have the most complete line of plaid silks shown in the west; 20 differ- ent styles and colorings to select from; full 2i inches wide; regular $1 ties. We 5 quali- re selling them at 85c yard, BLANKETS, LOT 1—11-4 white wool blan- kets, regular price $2.50 per pair. Our Closing Out Sale $L89 price per pair only. .. 5 LOT 2-11-4 fine wool blankets, weight 5% 1bs,, in a soft flesh color, positively worth and regularly sold elsewhere at@ 00 per pair. Our pri pair to close onl i 3-—-10-1 fine wool blankets, LOT same style and color as lot 2. § price per pair to close (| LOT 4-11-4 “Fenwic white W Dlankets, positively § worth $350 per pait. Our /) [] price per pair to close only.. CUTLERY. 500 pairs genuine stag han- dle carving knives and forks, warranted steel blades; regu- lar cutle tore price, $1.50 per pair. Our Closing Out Sale price only LADIES' AND CHILDR .HOSIERY LOT 1-Ladies' fashioned lose, with extra splic regular retall price price to close only 12i0 heavy hose, with 1 heels and toes, reg- ¢ per pair. Our price 25¢ e Ladies’ Vests and Panis seamless 1 heels and toes, ¢ per pair, Our LOT 2-Ladie ich feet, spl ular retail price lose only LOT 11,050 doz. ladies’ heavy Egyp- tian balbriggan jersey ribbed vests and pan regular retail price, 50¢ each. Our price to close only 250 LOT 2-Ladies' heavy merino jersey ribbed vests and pants, finished with patent anchor seams; regular retall price $1.00 each. Our price to close only, » 50c ¥ GROCERIES. Letting Down the Prices. nulated Oatmeal Rice ... Hominy Bread ( n Corn Can Tomatoe: Ralsing Currants Coffee Sonp Hams PRINT DEPARTMENT LOT 1—4 cases best quality prints, ular retail p GYe per yard. Our price to close only 3ic. Boys' Hats and Caps—Extra« ordinary ' A manufactu stock of MEN'S, BOYS' AND CHILDREN'S HATS AND CAPS, For winter wear; goods that are posi- tively worth and sold by all the regular hat de s at $1.00 to 0 each, to be off v us at 50 Cents on the Dollar. You will find these hats and caps on our second floor, adjoining our Boys' Clothing Department. DINNER SETS. 0 best English ware dinner sets, 56 piec new shape and the new decorations, sets such as the regular china s sell at £0.00 per set, to be offered by us during the next thre at only 85,69 100 be ni-porcelain dinner sets, 130 pieces, in 5 new and beautiful deco- rations, sets such as almost every china store in this city sells at $25.00 per set, to be offered by us at only §14,97 BY THE WAY, Perhaps you have never visited Our Millinery Parlors. If not, this is just the time to come, for you can see these really extraordin- ary bargains, and at the same time see our Millinery Department, which iscon- ceded by evorybody to be the handsoms est and most attractive in Omaha. HEIRS OF DR. MELICK W Federal Court of Appeals Decides Against the Life Insurence Company. SUICIDE CLAUSE IN POLCY OF NO AVAIL Court Held that the Deceased Killed Him- self Involuntarily Becuuse of an Ir- resistible Impulse Caused by Lockjaw. ST. LOUIS, Dec. §.—The December term of the United States circuit court of appeals was opencd yesterday, Justices Caldwell and Thayer on the bench. The following opinions were handed down: The court of appeuls afirms the judgment of the Nebraska United States district court in the remarkable case of' Samuel M. Melick, administrator of the estate of Leonard H. Robbins against the Tr»velurn' Insurance company at Hartford, Cor Dr. Robbins was a_prominent physician of Lin- coln, Neb., and had a policy in the defend- ant company, one of the provisions of which Was that the insurance did not cover “‘sui- © , sane or insane.” On June 1, 1890, ne accldentally sent a bullet through 'the fleshy portion of his foot, The wound be- came very painful, and finally induced te- tanus, or iu(‘kjuw. n issue which the doctor and his physiclans feared from the first. They used chloral, etc., to relieve the pain and ward off the disease, but in vain, for on the morning of June 13 the doctor, While alone in his room, was seized with tetanus, “‘a disease that causes the most I'X\'l'\l('.l'hlllu '3 pains that human beings ever suffer,” anc When his friends entered his room that morning they found him dead in his bed, With & scalpel in his left hand and s trachea and both the jugular veins cut. The physicians testified that unqu stionably the man wi in the deadly embrace of tetanic spasms when he cut his throat, and that the tetanus would have occasioned death if the scalpel had not. The insurance company refused to pay the poli on_the ind that death w occasioned by the suicidal act of the docto Suit was brought, and the question before the court was whether the shot wound which caused the tetanus or the thros cutting was the proximate cause of death. The court refused to Instru jury to return a verdict for the insur: company, In being a question of law and not for the jury. The jury found for ad- ministrator, whereupon the insuran com- pany appealed, JUSTICE SANBOR ARGUM T The court of appeals, by Justice Sanborn, says that the question as to the cause of the death would have been one for the court, if the cutting had been undisputed cause of death, and if it had not appeared that the cutting was Itself produced by the shot wound, and in view of the evi- dence that death would have resulted as soon from the tetanws as it did from the cutting. The question was peculiarly one of fact. What cauked the death—the shot wound, the cutting, or both? It was proper to submit the question to the jury. And the jury, having' found that the pistol caused the geath, is conclusive as a general verdict for the administrator, although this was one of several special findings submit- ted to the jury, and some of which it re- turned. The court discusses at considerabie length what is a “proximate cause” of death, and what was the “‘proximate cause’’ of Dr. Robbins’ death. The shot wound was first in point of time.’ It was not unnatural or improbable that it should produce patn and fever, and finally tetanus, and that the tetanus should produce uncontrollable pain and delirlum. "It was neither unnatural nor improbable that a man in the torture of uncontrollable agony and in a dolirium of fever should be irresistibly impelled to do himself an injury in an attempt to abate his suftering. or that, It he was a physi: clan and famillar with the use of a scalpel near at hand, he should seize and use it to relieve The universal pract of p h sufferers with constant attendants in order to prevent just such ac- cidents I8 convincing proof that this was neither an unnatural nor an improbalae consequence of the excruclating torture of the lockjaw that the shot wound produced. Evidently the jury found, that the shut wound was the efficient cause that sel in motion the train of events which, in their natural sequence, produced th cutting and the death. With ‘this theory of the o the contention of the defendant insurance company that the cutting was a new and sufficlent cause of death, which Intervened between the shot wound and the fatal re- HAYDEN: The success of our Drapery Department warrants us in saying that greater efforts and more room will be given this partment Chenille Curtains, Table Covers, part of our business. Damask Curtains, Lace Curtains, variety at as little cost as possible, 1,000 Curtain Poles, any wood, with brass ends, ets and rings complete, 10c each. Ten only December sale In order that we may commence the new year clear we make a special in this de- Couch Covers, Sofa Pillows, in splendid brack- to a customer. Orchard & Wilhelm CARPET CO. 1414-16-18 Douglas St. O o B B R A N T B S BB, TS 0 FASTAN S sult, and thus became the proximate cause, is not tenable, It Is untenable because the cutting was not a new cause nor a cause independent of the original efficient cause, the shot wound. It was only an effect uf that cause, an incidental means produced and used b the original moving cause to produce its fatal eff In the absence of the shot wound the cutting would never have been. That was dependent entirely for its existence and for its effect upon the original dent, and was a mere link in the chain of causation between that gnd death, The intervening cause that will pre- yent a recovery for a death which results from an accidéental bodily injury indemni- fled against by contract must be a new and independent cause which interrupts the natural sequence of events, turns aside their course, prevents the natural and prob- able result of the original ~accidental injury and produces @& _different re- sult ~ that could not reasonably _be anticipated; it may not be a mere effect of that Injury, produced by it and de pendent upon it for both its existence aid its effects. The judgment below is afrmed, - ¥or the Chid o W. A. McGuire, a well known citizen of McKay, Ohio, is of the opinion that there is nothing as good for children troubled with colds or croup as Chamberlain’s Cough Rem- edy. He has used it in his famlly for sev- eral years with the best results and always Keeps a bottle of it in the house. After hav- ing la grippe he was himself troubled with a severe cough. He used other remedios without benefit and then concluded to try the children’s medicine, and to his delight it soon effected a permanent cure. SACRAMENTO, Charles Kelly, who led a band of Industrials from California to Washington last spring, \s organizing another army. He has writ- ten & letter to the mayor of Sacramento assuring him that his army does not intend ATTEND RAYMOND’S GRAND OPENING THURSDAY, DEC. 6, From 10 in the morning till 10 at night, Electric Lighted. - = Orchestral Music, WELER. 15TH AND DOUGL S ST, to me plac upon the state we, Intend al, ‘will be nd by all that is good and holy to camp In Washington again; p on camping and marching until we a bill passed by congress to provide work for un- employed American citizens. ————— OMmelal © of 11 SPRINGFIELD, Ill, Dec. vote of Illinois is as follow urer: Wu publican, 445,886; " democrat, Puterbaugh, prohibitionist, 194,487, Randolph, populist, 09,793, Mann, in- dependent, 1,660, capital only to move upoi the villa, Washington, we intend to ke e Demlso of & W. Dutton, PLATTSMOUTH, Dee, 5.—(Speclal Tele- gram.)—S. W. Dutton, chairman of the Cass county board of commissioners, died today as the result of consumptiou, Funeral services will oceur tomorrow, Everybody invited. Under direction of Prof: Franz Ad¢lmann RAYMOND, SKINS ON FIRE With agonizing eczemas and other tiching, buraiiig, bloding, sk blotch! plmply ekin ad ol diseuncs, are instantly rolioved dily’ cured by the coleprated CUTICURA REMEDIES, the greatas #kiu cures, blood purifiers, and e mor remedies n",n«d-m: Bold throughout the world, GUPIDENE” Cl}rv the effeots of 4 juse, exc emr ions, impotency, val .cocele cons|