Omaha Daily Bee Newspaper, May 11, 1895, Page 5

AT HINGES 0N MILE'S BOND ©ass of the Btate Against the Ex-Treasurer Given to the Jury. ONLY ONE FACT TO BE DETERMINED | It TN Bud a Bond Doring 1is Last Term of Ofce, the Verdict Must Iie for the State for the 11 Amon LINCOLN, May 10.—(Special)—The case of the state against J. E. Hill and his bonds- men was given to the jury on the point of the validity of Hill's official bond as state treas- urer at 4:50 p. m. Prefacing the charge ot tho court, Chiet Justice Norval said that should the jury find that Hill's ofiicial bond was a valid one it must briug in a verdict for the state for §236,364.60, with Interest at the rate of 7 per cent per annum from the 14th of January, 1893, to January 1, 1895. This morning court announced that it had decided to leave the question as to the valid- ity of Hill's official bond to the jury. Upon the question as to whether or not this bond was legally exccuted and delivered the jury was to decide, and upon this point of fact alone. Upon all other questions the court would rule. Chief Justice Norval sald that should the jury find that Hill's bond was not a valid fnstrument that would terminate the case at once. Should It find that the bond was valll and binding upon Hill and his bondsmen then there would be other ques tlons for the court to pass upon. Provious to this announcement the jury had been taken from the room. Judge Wakeley sald that he desired that the court should in- struct the Jury as to what was consldered in law a valid execution and delivery of an offi clal bond. The court said that it would do so. Arrangements were then made for division of time between the counsel in pre sides of the case to the adjourncd until 2 p. m At the afternoon session Judge Wakeley preaented the opening argument to the jury on the validity of Hill's official bond. He congratulated the jurors upon the patience with which they had followel the case. The court had rclieved them of consideration of all questions of law and left to them the plain question of fact, was or was not Hill acting under bond when he was acting during Tis last term as treasurer of the state of N braska? WHAT THE STATE CONTENDED. Judge Wakeley said that the state con tended, and authorities had been quoted to that effect, that when a man wrote his name on a bond with the intention of completing it in the future, and did deliver the same. whether his name was again affiixed to the bottom of the bond or not, it became his act and bond and he was bound by it. What had the evidence disclosed? Hill had taken it to Mosher and Harwood and Weyht in Lincoin, 1o the Smiths In Beatrico, fo Bar- low and Drake and Colpetzer In Omaha and asked them (o sign it. What for? In order that he might make an official bond. That was Hill's intention, and up to a certain date that is what he supposed he had done. Rapidly running through a transcript Hill's evidence, Judge Wakeley cited the jury to a number of salient points in his testimony, quoting questions and answers at length. In summing up this evidence counsel contended that Hill had testified that he be Heved he had a bond properly signed,delivered and approved during the entire period of his second term of office. Counsel sald thai he was authorized by the instructions which had been given to the jury by the court to say that when Hill had delivered that bond and it had been deposited in the office of the secretary of state, the presumption is that he was acting under a bond. “Gentlemen,” sald Julge Wakele fn the common practice of business are deeds and bonds delivered? You take your deed to the notary, signed or unsigned. You leave it on his table and go about your business. 1t Is delivered, perhaps by i friend, or a lawyer, and you cannot come into court and say you refuse to give up the preperty because you had not, personally, deljvered the instrument. Suppose that it had been discovered when Governor Boyd had been declared elected, a man from an- other party, that Hill had not signed this bond. If wrat the defense now claim be true all that remained for Governor Boyd to do would have been to declare the office vacant and appoint a democratic state treasurer. But 1 do not believe that any court fn the land would have sustained him, I do not belleve you would and I know that as e juror I would have said that A man elected by a majority of the votes of this state and belleving that he had a valid bond in the office of secretary of state, was legally qualified as treasurer. If he would have been then, he Is now, and fs liable together with his bondsmen, on this bond, the validity of which is now In your hands 8o far as the case is now concerned I am done with it. I leave it to your own con- sclences. But were I counsel In Hill's be- half I would ask you not to brand him by your verdict as an imposter and an usurper of office in this state. I do not believe you will 50 blacken his good character.” DENY THE HILL BOND. Mr. Wheedon, for the defense, followed Judge Wakeley. Owing to limited time, he said, he would waste no words, but come di- recty to the point. He exhibited the bond H\.I sald that it was admitted that Captain 1l had written his name at the top of the page, in Alling out a blank, that he had again filled out a blank on the second page and had written the words “Two millions.” All this had been done before he took it to any one. Counsel then called the attention of the jury Yo the evidence. Frequently Hill had admit- ted to the alleged sureties that he had not yet signed it and would not until it was com- leted. It had been understood by all the ondsmen that Hill was not to sign it until & sufficient number had signed it to make it good for $2,000,000. Counsel contended that all through the transaction of securing names to the bond Hill had disclaimed any signing ou s part, or any Intention of doing so, un- 1l It was complete, 30 far as the other names were concerned. From this testimony counsel sald that he rould draw the only conclusion that Hill did not consider that he had signed it. It his name written in the body of the bond had peen a legal signature, why all the objections ®f the sureties to the absence of Hill's signature? Counsel accepted the illustration of Judge Wakeley's, and £ald that had Hill's right to bold office been questioned during his incum- bency, he believed that, as an honest man, his testimony would bave been the same, and he would have gone out of office. Why? On account of the invalidity of his official bond. Counsel contended that a deed signed by a man's wife, the man’s name written in the body of the deed, but the name not signed by the himself, or by his direction, was not & valid deed, although acknowledged by a potary and delivered by the same. General Cowin followed Mr. Wheedon for the defense and did not travel over the ground proviously utillzed by his assoclate. He took up the line of testimony In which Hill had positively asserted that he did not want the document to become a bond until he had signed it. That Hill had contemplated a further signing of the bond was shown all the way through up to the time he lost track of the instrument. General Cowin then passed to the evidence n which It was shown that Hill intended to make the document In question his bond But the question was: Did HIl knowingly opt this his bond? What were the eircumstances attendant at that time? Hill could remember nothing of the bond after he took the oath of office. He had sworn that he did not get it approved by Governor Boyd or by Governor Thayer. It had been urged by the state that it was very unlikely Hill would have forgotten so potent a cir- cumstanc the omission of his name on the bond. Would the jury please recall the fact that at that time the boys in blue had charge of the state capitol building? Excite- ment was runping high. The scenes vemind ed counsel of the days of 1861. HIll had passed his word of honor to the men who signed the bond that he would not sign the bond uatil the requisite number of signers had been secured, nd he bad not broken his promise. To HUl's present knowledge the bond had mever been approved. The fact was. urged General Cowin, Mr. Hill and the bondsmen had been treated sa traitors in this case to the atate. But nothing was farther from the truth. All enting their jury, and the court “‘how they could ask was to be given the benefit of the law. STIGMATIZED AS SUBTERFUGE. Mr. Lambertson closed the argument for the state. He argued that the statules were silent upon a technical signing of a bond. All they referred to was the execution of a bond. Counsel read from Hill's testimony in rela- tion to his bond having been “lost in the ufffe.” Counsel contended, after reading at length from the testimony, that Hill Intended the document to be his official bond. He had been elected to an office requiring the largest bond of any office in the state. He had gone over the state in search of sureties. He had dickered with this one and bartered with that oue. He had written his name in three places in the body of the bond. He had gone up into the consultation room of the supreme court and holding up his right hand had sworn that 1t was his official bond, a bond for $2,000,000, for which he had worked for weeks, and after swearing to It, he says it was lost in the shuffle. It did not lie in Hill's mouth to say that he did not intend that to be his bond Men might lose their children in the shuffle, but they don't lose sight of a bond for $2,000,- 000, whose existence was essential to their title to the office of treasurer. This was subterfuge. No fervid eloquence of counsel on the other side could make it anything else. Not an effort had been made by Hill to find his bond for $2,000,000, lost in the shuffle. “Why," continued Lambertson, “if you had lost your dog, you would have made some effort to find it.” With Hill, however, the case was different So eoon as he got possession of his office he cared nothing about it. Could this jury come in and say It Is willing to let Mosher go free, let Hill usurp an office and let the taxpayers of the state lose $236,000, simply because Hill had forgotten to sign a bond which he had legally executed and delivered? The court would Instruct the jury that even if Hill did not ¢ign his name In the bond, It he executed and delivered it, it then became his bond. Mr. Lambertson said that it had been sald of Chief Justice Marshall that be would not deviate from the right in his argument, even though a paradise was his reward. So might it be with the jury in its findings Mr. Lambertson closed the case for the state, and Chief Justice Norval delivered the following charge to the jury, upon which they retired INSTRUCTIONS FROM THE COURT. “Gentlemen of the jury: You are in- structed that the only issue for your deter- mination in this case, and upon your deter- mination of which your verdict must de- pend, is whether or not the bond sued on was executed by defendant, Hill. Under the pleadings and evidence in the case all other questions involved are solely matters of law, the decision of which rests with the ourt. “You are instructed that the exccution of an_instrument such as the one sued on, consists of the two acts of signing and of delivering it for the purpose for which it was intended. The burden of proof is upon the state to establish these acts, or fact from which the law presumes their performance, by a preponderance of the evidence. ““To constitute a signing within the mean- ing of the law It is not generally necessary that the pereon sought to be charged should subscribe his name at the end of the instru- ent. His name written in the body of the nstrument, by himself, or by his authority. in such manner as to indicate his intention to bind himself, Is in law his signature. “On the other hand, the name so written in the body of an Instrument does not con- stitute a signature it from the face of the Instrument It is apparent, or if it be shown by other evidence that a subscription, or signing at the bottom, was contemplated before the Instrument should be complete, unless by subsequent conduct the party to be bound evidenced an intention to waive such further signing, or estopped himself from setting up such original intention. HILL'S ONLY HOPE. “The state by proving that this bond was flled with the secretary of state, and re- mained in the custody of that officer, has stablished a presumption that it was duly delivered, and to overcome this presump- tion the defense must show that Hill did not himself, or through some one authorized by him part with its possession with the intention that it should be filed. “Although Hill may not at the time have intended that his name written by him In the body of the bond should be his signature thereto, “yet It by his subsequent acts he adopted the instrument his bond, and caused 1t tc be approved and filed as such, e nted thereto, as dene for his benefit, then such writing of his name and such subsequent acts made it a sufficient signing and execution to bind him—and if he fs bound o are his sureties. “You are Instructed that if the ant, Hill, so signed and executed the bond as to bind himself under the instructions berein given, then the condition upon which the sureties claimed to have signed it was performed and the bond is valid as to them also. “If under the foregoing instructions you should find that the bond sued upon was executed by HNI you should render a ver- dict in favor of the plaintift for the sum of 6,361.60 with interest at the rate of 7 per ont per annum from the 14th day of January, 1893, to the first day of this term, to-wit:” The 1st day of January, 1895. Un- less you so find your verdict should be for the defendants.” There are indications that the jury will disagree. It is locked up in a room in the capitol building above the senate chamber. At 1015 p. m. a lunch was sent up from the Lindell. The court will not receive a verdict tonight, should an agreement be reached. defend- o Prof. R. S. T. Patton, late chemist of the Chicago Health Department, reports: *Dr. Price’s Baking Powder is a scientifically pre- parel pure mixture, R. B. HOWELL OF OMAHA IS CHOSEN Board of Irrigation Elects Him to Be Sec. rotary—ilis Assistants Named. LINCOLN, May 10.—(Special)—The State Board of Irrigation today elected R. B. Howell of Omaha to be secretary of the board, and the following under secretarics: R. M. Aiken, Nuckolls county, for the First water district, and Frank Bacon, Dawson county, for the Second water district, Frank Bacon of Dawson’ county Is a resi- dent of the First water dlatrict, the same as R. M. Aiken. The Irrigation law provides in section 11 that each under secretary “shall reside in the water district for which he is elected.” Mrs, A. L. Packard, formerly in the state auditor's office, has accepted the position of teacher In the Girls' Industrial school of Geneva, Opposed to Hilllard Halls, ASHLAND, Neb., May 10.—(Speclal.)—The city council of Ashland last night refused to grant a license to John E. Smith to run a billiard hall within the eity limits, The school board appointed J. W. Crab- tree as a committee of one to ask the deal- ers in tobacco in Ashland to desist from the sale of cigarettes, and as a result J. W. Moon, 8. B. Hall, Clark & Wakefleld, J. W. Brownell and V. P. Hathaway signed the agreement to stop, while George Hoftman & Co. refused to do so at present, taking the matter under consideration. Frank T. Young, the winner of the prize In the oratorical class at the district con- test at Plattsmouth, April 5 last, left this morning for Grand Island to represent the district In the state contest there this even- ing. Engineers in the Fleld. VIRGINIA, Neb,, May 10.—(Speclal Tele- gram.)—The engineer corps of the Nebraska division of the Gulf & Interstate rallway is camped here, awalting the arrival of Assist- ant Engineer E. E. Bishop, Chief Englneer A. G. Allen will report and begin a perma- nent survey on the 13th. Virginians are very happy over the prospects of being struck by such lightning as this people's highway that is to become the property of the state.. Murried at Wastin HASTINGS, May 10.—(3peclal.)—Mr, Frank Burr and Miss Eva L. Wanzer were married last night at the home of the bride's parents on West Third street. The groom is a Kan- sas City gentleman and the bride the daugh- ter of Chief of Police Wanzer. They leave tomorrow for Atchison, where they will re- side, Was Ouce & Kesldent of Fremont. FREMONT, Neb, May 10.—(Speclal.)— Charles Nehrbas, the traveling man who was killed in the hotel fire at Montrose, Colo., was a resident of Fremont for years. His family resides here and the body will be brought to Fremont for burlal. THE OMAHA DAILY BEE: SATURDAY, MAY 11, BUSINESS HOUSES BURNED Oeresco, Neb,, Almost Wiped Out by an Incendiary Fire, SEVENTY-FIVE ~ THCUSAND DAMAGE One McCord Under Arrest for Starting the Blaze and It Is Claimed that Suf- ficont Evidenco Exists to Convict Him, VALPARAISO, Neb, May 10.—(Special Telegram.)—Word was brought here this morning that the entire business portion of Ceresco, twelve miles east of this place, was destroyed by fire last night. The postoffice, bank, hotel and every business house entirely wiped out. The fire started in a small building owned by Frank Ide. On account of the high winds the flames spread rapidly and it soon became evident that the entire business portion of the town would be destroyed. Many people were unable to save anything. Some of the merchants were able to remove a small portion of their stock. The fire consumed in all twenty-eight buildings, which includes the stores of Sayers & Walker, Blakestead Bros., H. Andrus, C. V. Swanson & Co., the State Bank of Ceresco, the hotel building and drug stores of Dr: Bush and Dr. Krickbaum. There is not a bullding left in the business part of town and several residences were also destroyed. The loss will probably ag- gregate $76,000, of which only between one- third and one-half is covered by Insurance. One McCord is under arrest, charged with setting the fire, and it is claimed that ufficient evidence has been discovered to conviet him GRAND ISLAND, Neb., May 10.—(Special) —Fire, the origin of which is unknown, last night caused a total loss of prrhaps $2,600 on the two-story building owned by E. Diehl, his household goods and stock of groceries and the household goods of Scott Seals and Mrs. Ramey, other occupants of the building. Mrs. Ramey, who occupled rooms most dis. tantly located from the fire, was the first to discover it. She at once aroused tha other inmates, who did not have time to remove any furniture, and succeeded in saving but little clothing. Diehl has a grocery store on the first floor, and the loss on his stock by smoke and water and on his household goods and building will probably be over $2,000. The fire department rendered excellent service. The building is a frame, there was a high wind from the north and the fire started at the north end of the build‘ng and yet only the rear half of the upper story was burned KEARNEY, Neb., May 10.—(Specal Tele- gram.)—A dastardly attempt was mad last night to burn the Third ward or old High school building. Entrance was gained by breaking in a window and the fire was set in a lot wf loose paper. Two fires were set at the same time, but the blaze was scen and put out before much damage was done. The fire was started in the room which has the specimens of drawing now on exhibition from various towns, and some of the work was destroyed. There is no clew to the perpetrators. Some think it was the work of boys. Pure food laws are demanded by public health. ‘Their most exacting provisions could in no wise affect Price’s Baking Powder for it is the perfection of purity. SUFFERERS Governor Holcomb Explains the Situation and Present Prospects. LINCOLN, May 10.—(Special)—Governor Holcomb has authorized the following state- ment: “I have been advised by the State Relief commission that the wants of the people in drouth stricken portions of Nebraska have been supplied to such an extent that turther contributions from sources outside of the state are unnecessary and that there remains in the hands of the treasurer of the commission sufficient funds to care for any isolated cases which may arise. “In making this announcement I to acknowledge, on behalf of the people o Nebraska, our gratitude for the evidences of kindly interest which hzve co: from al most every state in the union, in the form of generous donations to relieve the distress of Jur unfortunate drouth sufferers, and to the railrond and express companics, which have transported these contributions, in many instances, free of charge. “From 1870 to 1890 the thous ers from eastern states who settled on the broad praries of Nebraska sowed and reapad bountiful harvests. The unfortunate drouth of 1890 was followed by two good crop sea sons. Little was produced in the western half of the state in 1893 and the story of hot winds and lack of moisturc in 1804 is well known. “Thousands of families were rendered most or entirely dependent upon the state, and the legislature contributed liberally to provide them with food and clothing and grain for seed and feed for teams, Thrifty farmers in_more favorable portions of the state contributed of their substance to pro- vide for their unfortunate brothers, while the charitable people of almost every state in the union responded most generously. “But the spring has come and with it every prospect of a bountiful erop. Never were the conditions more favorable for great yields of all farm products. In the return of prosperity the people of Nebraska will not forget the generosity of their friends and they will again become donors instead of recipients of aid we DROUTH ALL RELIEVED desire nds of farm- Usol a G Enemy. ALLS CITY, Neb., May 10.—(Special)— William Deroin shot John Lesley of Preston, Neb,, Wednesday. The bullet ranged up- ward and was taken out on the top of the shoulder. After the shooting D roin ran and got into Joe Roubidoux's wagon and com- pelled him to drive him out of town. He was followed and caught when a few miles away. Tho night before Deroin carv:d Joe Roubidoux in the arm with a knife. - He was brought to this city and taken before Judge Musselman Thursday and pleaded guilty to the charge of shooting with the intention to kill and was bound over to th> district court under $1,500. The cause of the shooting’ is unknown, Both are Indlans A slight panic was narrowly averted last night In the Gehling opera house. Two drunken men fell down the balcony stair case and a rush was mad> for the stairs by the audience, as it was thought to be fire. It was fuly an hour before tie house could be quieted, Looking After the Guif's Interests, DECATUR, Neb, May 10.—(Special)—A prominent business man of Omaha, Mr. Stoddard, an officer of the Guif railroad, has been here for the past few days looking up a prospective road bed for his road through this county. He interested the people and a purse of $150 was ralsed to make the sur- vey which is now going on. County Suryeyor Pratt is doing the work. He says it will be to Omaha's interest to have it come this way, because if they happen to build on the other survey, which goes by Arlington, the read would miss Omaha and go by Lincoln Aged Neatrice « It.zen Paralyzod, BEATRICE, May 10.—(Special Telegram.) —Russell Bow, aged 81, and an old resident of this city, was stricken with paralysi: yesterday while at the dinner table and has since been In an unconsc.ous state, with no hopes of recovery. His left side and both lower limbs are affected by the stroke, Omaha Mun Charged with Counterfeiting FREMONT, Neb., May 10.—(Special Tele- gram.)—George Irwin of Omaha was ar- rested by Marshal Nelson this afternoon on a charge of attempting to pass counterfeit money. He had in his possession some counterfelt silver. Judge Homes bound him over to the district court. He went to jail. Money for Hutte Monds Fortheoming. BUTTE, Neb., May 10.—(Special)—M. T. Rowland and W. T. Wills, who have been at Linco!n pushing the county bond mandamus in the supreme court returned yesterday, baving accomplished their object. The bonds have boen sold and tho money will be forth- coming next week, ' M. H. Green of/the Bank of Butte is settling up the busipess of the bank, pre- paratory to the éttulng of the institution, which has gone Irtd Yoluntary liquidation. Editor Wiltse of 4he Newport Republican was In Butte yestesday negotlating for the purchase of a priating outfit. The Gun club was practicing Monday and 8. C. Sample carrfed bt the honors, making a score of twenty-one out of twenty-five birds and a run of fourteen straight. Sheriff Linn of Charles Mix county, South Dakota, was doing bu#fness in Butte Wednes- day. He came ovar o a bicycle. e Pure food 1s supplfed to millions by Dr. Prico’s Baking Powder, plickienori 14 AR |, FORT 1l In Température All Over Ne- braska Nesterday, FORT ROBINSON, Neb., May 10.—(Special Telegram.)—The fall in temperature of 32 degrees In twelve hours brought on a snow storm this morning, which lasted half hour and made the hiliside white weather has been quite cool all day, occasionally a bit of hail BEATRICE, May 10.—(Special Teleg —It has been extremely cold here tod mercury having fallen about 50 degr yesterday noon. fine rain fell this afte noon, and the indications are that it will be warmer before morning BUTTE, Neb., May 10.—(Special.)—More than an ich of rain has fallen in this vi cinity the past week and the prospect for a bountiful harvest of every farm product was never better. ALDA, Neb., May 10.—(Special)—The best rain of the season struck th's place at 7 this morning and prospects are good for its continuing throughout the day O'NEILL, Neb. Ay 10.—(Special Tele gram.)—This section was visited by another fine rain last night, one-half inch of water falling. Small grain fs in fine shape and i doing nicely. Corn planting is well along. ASHLAND, Ncb,, May 10.—(Special Tele gram.)—This morning about 3 o'clock it turned colder and inued till about 8 p. m., when a cold rain set in and continued for one hour. Tonight Is clear and causes a great deal of anxiety for the welfare of fruit crops. MALVERN, TIa, gram.)—A differenc perature in twenty thermometers here, day they registered rained about three up tonight there is SNOWFALL ROBINSON Reavy ¥ an The with am.) May 10.—(Special Tele of 46 degrees of tem- ur hours is shown by ‘esterday and Wednes 94 and 95, today 48. It hours today. If 1t clears danger of frost. YORK Annual Contest of the High School . atory Unio, GRAND ISLAND, May 10.—(Special Tele- gram.)—The annual contest of the High School Declamatory union was held at the opera house tonight before a large audi- ence. The speakers were divided into three classes, oratorical, dramatic and humor Reuben Clark of York led in the oratarical class; subject, “Spartacus to the Gladlators.” Sidney Dillon Wilson of followed with “Regulus to the Carthagenians,” and Prank T. Young of Ashland closed the pro- gram of the orat 1 class; subject, “G is Not Greatness.” In the dramatic Miss Mabel Bailey of Ha:tings led with the fassacre of Zoroaster,” then Miss Amelia Brunner of Fremont in “Zingarella” and Miss Maude Manzer of Plattmouth in “‘Sister and 1.” There wegeionly two in the humor- class, Charles Bckley of Hampten in ““Uncle Daniel's Apparitc ** and Miss Floy Stowe of Ulysses in “Dari.* Green's Wenderful Fly- ing Machin~ Awards % CLARK OF WINNER am- sbraska us. in Tekamah re made by Judges as follows Oratorical class, Leuben Clark first, Frank Young tecond; dramatic class, Miss Mabel Bafley first, Misg Amelia Bruuner second; humorous ciass, Charles Buckiey first, Miss Stowe second. Tme decigions of the judwes were received in every instanco with marked approval by the audlence, expressed by liberal applause. The judges were Superintendent J. 1. Morey, Kearney; W. J. Wilson, Columbus; R. Me Kely Central City; referee, Superinten dent Maynard Spink, Grand Isla The pro gram was int d with the best vocal musical talent in the city. YORK, Neb., May«l0. Special Telegram.) —When the new: reached this city ton that Clark cf Yerk had won in the oratorical class at the state contest held In Grand Island this evening there was a scene of enthusiasm. A large news from the contest nune=d a mob of Clark’s ¢ in line and marched over the cit the air ring with -their cries of a R He will be escorted from te depot tomorrow by the York band and the entire school. PULLETS FOR Dr. Eliis Held Up by a Mob to Hold ¥is Own BUTTE, Neb., May 10.—(Spec'al Telegram.) Some hs ago, while on a professional visit to Butte, Dr. Ellis, 8. D., was wayla’d by a party of vigilants, who discharged a number of shots in proximity to his head. Ellis returned fire with such gocd effect that onme of assaulting parties dropped in his tracks the others Cecawped. Ellis went homa and notifi d the cfficers that he believed he had Killed his man. Parties started out to bring the body to town. Arriving at the scene, traces of the disturbanca were numercus, but diligent search could not Gisclos> the where- abouts cf the supposed dea man, he affair soon died out and no more was thought of it until yesterdsy, when Len Bartley of Atkinson, brother of the state treasarer, came ov:r from Atkinson and in consultation with parties here disclosed the fact that Willlam Hunt, un ex-vigilant of the Nicbrara valley, had besn at Atk'nson for some time under,the cire of a physician for a severe wound {n the thigh. Hunt says it was the result of an accident, Inquiry shows that Ellis, who had incurred Hunt's enmity by jumping his ciaim last fall, had been wayleid by Hunt and a number of his friends with the intention of putting him out of the way and securing possession of the claim. Luckily Ellis was prepared for the emergency and still holds the fort against his enemies. Hunt is said to be in a pre- carious condition, but will recover. and_when it hoolmates was an- formed 0AD THE VIGILANTS, and Manages living near Fairfax, clos the the and Muckay Suceoads Little. NORFOLK, Neb., May 10.—(Special Tele- gram.)—When Dr. J. H. Mackay, who was recently appointed by Governor Holcomb as superintendent of the Norfolk asylum, pre- ed himself today at the hospital to take charge, the bullding was turned over to him without friction or trouble. X P B YORK, Neb., May peclal Telegram.) —The Young People’s Society of Christian Endeavor convention {s in session at this place. A reception was tendered the de gates this evenirig “at tho Congregational church, ) E. | be | did nt | crowd had waited for | aking | 1895. ONLY ONE LEFT TO ANSWER All Acoused Blayers of Robert Phillips Dis- missed Except James Blann, UNLIKELY THAT HE WILL BE HELD Sudden Conclusion of & Murder Trial that Fromised to Continue Several Weeks ~Ante-Mortem Statement of the Vietim u Feature. TEKAMAH, Neb,, May 10.—(Special)—The Robert Phillips murder trial came to a sud den stop immediately upon the convening of court after di r today, w the cout for both des held a consultation with t court and all witn were promptly di missed from further All the forenoon Irawing from a dozen gleaned . sses atten had been t wp in | witnesse | uld concerning the former run of | the river. The case had devolved entirely | upon the jurisdictional question, and the witnesses were about equally divided in opinion as to which state the stood at the time the murder urred To continue the trial liear all the long list of witnesses naed and held gave no promise of shedding any more light to the jury Before court would shan the hold been given ert Light that the accordingly The county at Jury th is th the de state began argu the hat in instructions it that not sufficient evidence had whereby to hold defendant, Rob- and that such ment counsel might their its n was mado govern themselves arguments, led in the plea to the s a crime been committed within ction of this court, and if so, who uiity party?” he asked, and scorched lauts in strong language, bitterly denouncing the meeting of the Law and Order league, laying the guilt directly at the door of its members, It is very well known that cuting attorney docs not believe, believe, the nurder w within the jurisdiction of Nebraska, yet he made as strong a plea as he had all along bravely fought to brace up his nd it may be truthfuily said no stronger case could have been made. This is the opinion of the members of the bar. Should he lose in his last hope, that of convicting the re- maining defendant, James Blann, it will not be his it, as be reluctantly prosecuted n belng pressed to do so by the rne Surd the prose- and never | committed case, strongest evidence agalnst Blann Is Robert Phillps' ante-mortem statement that Blann fired the shot that killed him. Fred Lass and Charlie Engle each testified that they recognized Blann's voice that cried “Get out If you waut us to stop” just before the final shot was fired with fatal results, Lass and Engle testified at the post-mortem that the murder was committed in Harrison county, Towa. In the trial of the case they both swore the deed was committed in Burt county, Nebraska. Doubt is prevalent as to whether or not the jury will return a ver- dict of guilty, and the prosecution even mani- fests doubt about Blann being held. What yesterday promised to be a long drawn out trial of Intricate law points and jurisdictional problems goes to the jury to- ight for their decision, and tomorrow may bring a verdict The court’s instructions to the jury dwell at some length on the Jurisdictional ques- tion, which fntricate problem is left for the jury to decid: Sodden biscuit, peevish men Qiscomfort abound in homes cheap baking powder s used. is purest and best. Ste ke 1HE LODGE POLE and general where any Dr. Price’s IRRIGATION ON Fine Karms Already Partinlly Suppied with SIDNEY, Neb., May 10. leal has been written regarding irrigation in Nebraska, but little has been said of the iertile valley of the Lodge Pole, lying be-| tween this city and the village of Lodge Pole, twenty miles on the east. There car be no question but what irrigation permits the widest diversification of crops. Thou sands of tons of alfalfa and grammer gras have been shipped from this y yearly and this season the farmers and ranchmen have done their level best in the interests of irrigation and for the reclamation of th great American desert. These lands, situ ed along the line of the Union Paclfic iail way, are admirable in location, rich in soil an_abund water, and are at an alti tude where every sort of product not tropica n be grown. Much attention has bec paid to the raising of good, marketablo hay \d alfalfa for the Colorado and Wyoming markets From attract He has pump, and eight forty acres, Two miles further cast was ranch of C. E. Borgquist, who ha tract near the Lodge Poie creck on tho Bordwell ranch, with 300 acres under irrigation, is a pleasant sight. Mr. Bordwell is @ large hay shipper, and also packs hun- dreds of tons of fce. The next interesting ranch is Hale's. He has a 1,200-acre farm and is raising grain on a large scale. Krue- ger Bros., a mile further east, cut from 400 to 600 tons of hay annually. H. Bartling has orected a 1arge steam plant and expects to irrigate cighty acres. Mike McLoughlin has 160 acres on the dge Pole ditch and Is an extensive hay shipper. Hank Neumann Is one of the oldest set- tlers in the valley, coming here in 1867. He cuts from 500 to 600 tons of hay and raises the finest small grain in the state. T. C. Howard, a newcomer, has pinned his faith to the country and will astonish the natives with his 160 acres on the ditch Luther Dickinson, Firth Booth and M. H. Tobin also raise a prolific quantity of hay and have each filled many contracts this past season. Mrs. Barry, proprietor of the Hotel Del monico at South Omaha, has a valuable 400- acre farm on the ditch, and while farming she is raising blooded horses for the eastern states. riend Many Wholly or Water. (Special.)—A great idney eastward the first attention Is the B. cted a fourtegn-inc has a reservoir 165 feet feet high, He will plant to Jones farm Miles delug in diamete: farm about the large s a larg Further Dickinson and Henry H. Libby have resided on the Lodge Pole creck many years. They are public spirited men, and are constadtly improving their farms. The latter gentleman has one of the best ar- ranged ranches In Cleyenne county—640 acres covered with water and 1,920 acres for pasturage. He is also a horse raiser. The Oberfelder ranch is one of the best equipped on the creek. It Is owned by Hon Robert 8. Oberfelder of Sidney. He has 500 acres under irrigation and has four large dams located on his farm, besides a Miles | 18 weakened and pains WORSE THAN POVERTY. 'Poor Blood and Nerves Out of Ordar--- Take Paine’s Celery Compound, Among all the structures that make up the human body, the nerves have been until re- cently the least understood. The role of the nerves in the digestion and assimilation of food is a highly important one. The question whether the food shall nourish or become a mere load upon the sys- tem is a question of nerve force. Neglect to satisfy the demands made by th nervous system carries heavy penaities, When this nervous force is exhausted the digestive processes are obstructed, the body of neuralgia, indiges tlon, rheumatism, invade its parts. Durlng repose the nerves and great nerve centers feed upon the nutritive material that is stored in the blood and tissues. It is when this supply of nourishment is prompt and abun dant that the nervous system is able to r cuperate, but when the system has become too tired to appropriate sufficlent nourish- ment and the nerves too shaky to get the rest they need, that best of all blood purifiers, nerve f and nerve regulators, Paine's elery compound, should be given at once Paine C compound has brought bealth, strength, and freedom from nervous ness to thousands of tired women, “run | men, and sickly children, It makes m able to sleep soundly, to digest their sod perfectly, and to win back health and strength. The tired brain nd nerves | rzbuiit and their wasted parts repaired dur- | ug sleep, and where nervousness, irritability, | and inadequate nutrition of the nerve centers ieluge pump. He has fust finished planting A magnificent orchard, under the direction of Mr, Stephens, president of the State Hortl- cultural socicty. Mr. Oberfelier fs a lar srower of alfalfa and upland hay, which he lias shipped by the train load to the markets of Denver and Colorado Springs Harry Barrett has 160 acres which is be- coming the wonder of the valley Preparations are now b made to en- tertain the large number who will be in attendance next fall at the meeting of the state frrigation convention. The people here are all alive and every effort will be made to ad®ance the new era that frrigation will produce. - PROSPECTS 1 ANTELOPE ARE GOOD Acrenge of Small Grain Has Decreased and Corn Increased. NELIGH, Neb,, May 10.—(Special)—Ante- lope county today has better prospects for both small grain and corn than for sevcral years. The acreage of small grain this year will not be as large as last, but con- iderable more corn 13 being planted, prob- ably one-third more. Huffman & Rollins will have 900 acres in corn when through planting, J. W. Getchie 325, and all others in proportion as they have land. Grass on the lower lands is efght and ten inches high and on the upland four to eight inches. Small grain fs all up and a good healthy stand. Corn that was planted early 13 com- ing up with a good stand, One who had not seen the country last September would not belieys it could be burnt up so, judging from the sight you see today while looking it over. Listrict Court ut GERING, Ncb., May 10. are forty-nine c; s on the docket of the spring term of district court of Scotts Bluff county, now being held here. There are none of startling importance. e —— Teunessen Rofuses an Appropriation. NASHVILLE, Tenn., May 10.—The house, by a vote of 61 to 80, rejected a bill appro- priating $300,000 for the Tennessee Centen- nial exposition. A motion to reconsider was entered. ring. (Special.)—There a}fiwmmmmsm. L IRERUERDRTEEEE Y RovaL has the highest leavening power of any powder examined, and is pyre and wholesome. No other powder gave resuls so satisfactory. ; FLOYD DAVIS, M. S, Ph. D Chemist of lowa State Board of Health. Msmsammmmagimsssmsmamsfl% Vienna Twist Rolls. Divide the dough, us described for Vienna rolls, size of a small egg, then divide each plece In two unequal pleces, largest plec form with hands into plain roll tapering at each end; lay them thus formed on greased baking tin without touching, flatten each a little and wash over with milk, divide re- maining pleces each into three, roll piece out under the hands into strips a little longer than roll already made, and brald them; then lay each braid soon as formed on top of other plain half; when all dre made wash over with milk. Bake in het oven twenty minutes. A very handsome roll for dinner One and one-half pints Graham flour, one- half pint flour, one tablespoonful sugar, one | teaspoonful sait, two teaspoonfuls Royal Bak- ing Powder, one and one-quarter pints milk, or equal parts milk and water; sift together Graham flour, flour, sugar, salt, and powder, | add the milk or miik and water; mix rapidly into soft dough, which pour from bowl into greased tin. Bake in rather hot oven gorty minutes. Protect loaf with paper first fifteen minutes, o s s Graham Rolls, One pint Graham flour, one pint flour, one teaspoonful salt, two teaspconfuls Royal Bak- ing Powder, one tablespoonful lsrd, three- quarters pint milk. Sift together Graham flour, flour, salt and powder; rub in lard cold; add milk, and mix the whole into smooth dough that can be handled—not too soft; flour board, turn it out, and form into the rolls shape and size of large fingers. Lay n on baking sheet, g0 they will not tou Wash thelr surfaces with soft brush, dipped | in milk to glaze them. Bake in hot oven from ten to twelve minutes. i— Brown Bread, Corn one pint, one pint rye flour, one teaspoonful brown sugar, one teaspoonful salt, two teaspoonfuls Royal Baking Powder, ne tablespoonful lard, three-quarters pint milk. Sift together corn meal, rye flour, sugar, salt and powder. Rub in the lard cold; udd the milk, and mix the whole into a batter like cake. Pour futo greased tin and bake forty minutes In rather hot oven. Protect at first with paper. meal it ) do not permit sufficlent sleep, nervous proge 4ration, lassitude and despondency are sure to_follow. Paine’s celery compound guards against this by promptiy feeding the exhausted nerv and making the blood pure, abundant, and nourishing. It cures neuraligia, rheumatism, dyspepsia, all forms of nervous weakn despondency, skin discases and affections of the heart, liver and kidneys. It sends pure, vitalized blood to every organ, and thi makes people well. Paine's celery coms pound has found Its way originally through prescriptions by phys is, into every city and smallest village In the country! it would be very difficult to find a mar or woman of mature age who has not either been helped by this remarkable remedy or has heard of its marvellous properties at firs hand from some enthuslastic friend or relas tive. Paine's celery compound is the only great popular remedy that physicians of every school preseribe for dizorders of the blood and nerves, Says Mrs. Kate Minneapolis, whose “I have ben gr Manuel, 2164 picture is above: atly benofited by Pafne's celery compound. I have taken six bottles of the wonderful remedy, and recommend it to all who are afflicted as I was. For years I have suffered from indigestion, and know not how to give due thanks for the relief that I have r 1 while taking Paine's celory compound. My son-in-law has taken two hottles for a similar trouble and it has made him well.” 3d av DUFFY’S PURE MALT WHISKEY, All Druggists, AMUSBMENTS, Season ! Tableaux Phantasma BOYD’S SATURDAY MAY 10-11. Matinee Saturday, May 11, at 2;30 p. m, Beats now on sale at the theater. CKETS—$1.00: 78¢, 50¢. Wonderfull Beautifwil Mystilying! BOYD'S heaten. . Monday Evening, May (3. ONE NIGHT ONLY, Omaha Elk Minstrels 10—END M 60—ON THE S New Songs, New Jokos, New Hurlesque, Everything New, will be s0ld ut auction Priday —Ehe Grandest Event of the FRIDAY Cholee of box worning at ¥ o'clock, Sule of reserved seats will open Saturduy at Y. m. BOYD'S One— CONCERT-- One Jolh Piiilip Sousa’s PEERLESS CONCERT BAND IRIC and §1.0). will open Friday morn) Tickets for pla Thuisday night at 9 o'clock evenin May 14, sale ' clock will of weats bo lssued The Great flungarian Violinist, EOOUARD REMENYI, and his Splendid Company. The Concert Event of the Season SPLENDID PROGRAM, INTRODUCING FAVORITE NUMBERS. ONE MIGHT Kssoriation Hall, Nay 14 Capacity of Houses Tested Kverywhere, Resorved Seats 76¢, now selling rap!dly st ¥, M .C.A.Ofice. Dotter secure sewts now,