Omaha Daily Bee Newspaper, May 12, 1895, Page 2

NO VERDICT IN HILL'S CASE Jury Oould Not Agree as to the Ex- Treasurer's Liability, DISCHARGED AFTER MANY HOURS Bome Indieations that No Farther Litiga. tion Will Be Undertaken—Appros priation for that Purpose About Exhausted, LINCOLN, May 11.—(Special Telegram )— The jury in the case of the state against John E. Hill and bondsmen has disagreed. This was expected from the time it left the Jury box at 4:50 yesterday afternoon. At 10 o'clock tonight the supreme court sent for the jury from the senate chamber. Under charge of a balliff it filed in. Justices Post and Harrison were on the beonch, Chief Jus- tice Norval having gone home, his wife being quite 111 Justice Post asked if there was any pros- pect of an agreement. Foreman M Bailey replied that the jury was just as far apart as ever and that there was no prospect of an agreement, Justice Post then sald that he did not consider that it would be just to detain the jury any longer. While the court was anxious for a verdict, it preferred a dis- agreement to a forced verdict. The court then called for the Instructions given the jury and discharged the members, The Jury stood, at the time of the dis- charge, seven for the defense and five for the state. At the first ballot yesterday it stood seven for the state and five for the defense. It continued in this way for a number of ballots until today, when the relative posi- tions were shifted and the members voted seven for the defense and five for the state, and continued voting iu this ratio until dis- charged. SPENT A NIGHT IN THEIR CHAIRS. The Jury retired last evening at 4:45, hav- ing received Instruction which the counsel of both sides almost unanimously conceded were strongly favorable to the state. At 6 o'clock it went to supper at the Lindell and at 10:15 a lunch wi rved. The members remained in the jury room all night with nothing but chalrs whereon to repose. At 4 o'clock p. m. the jury sent word to the court that it Jould like to report and ask Instructions upon @ ocertain point. The members accordingly ©ame into court before the full bench. Chief Justice Norval asked If there was any pros- pect of an agreement. Foreman S. M. Balley replted that he did not think there was. The jury was composed of the following: 8. M. Bailey, foreman, Fairbury; C. F. Tag- t, Douglas; Frank Mitchell, Lancaster; J. R. Bayard, Saunders; Adam Pilger, Stanton; A. P. Shepard, Dodge; C. N. Carpenter, York; Samuel J. Beli, Butler; J. F. Blandin, Saline George 8. Ward, Clay; A. R. Wilson, Thayer; Walter G. Olark, Douglas The jury presented the following written quections to the court: “Are we to consider that it established a presumption that the alleged bond was pre- gented to the two governors by Hill or for him for their approval, because it bears the endorsement of their approval, the same as the prescumption to be considered as per your instruction number 5 when referring to filing marks of the secrotary of state.” To this the court replied as follows: POSITION OF THE COURT. “You are instructed that the fact that the fnstrument declared upon was approved by Governors Thayer and Boyd ralses a pre- sumption that the Instrument was presented to them, by Hill or by some one for him. Such presumption Is not a conclusive one, but may be overcome by the evidence. That issue, llke all others, you must termine from the facts and circumstances cstablished aipon the trial.” The Jury then retired. Soon after its re- turn from supper to the jury room the mem- bers were: followed by servants carryiez a lunch and a big bundle of bed clothes. Soon after § o'clock the senate chamber was lighted up, and the court and counsel sat around In groups awaiting the action of the jury. Although the jury had under consid- eration only the one point, the validity of HUl's bond as state treasurer, its probable actlon had become the sensation of the hour in Lincoln. It was understood that the in- structions of the court, especially No. 6, bore out the presumption that should this Jury find that Hill's bond was valld, a ver- diot for $236,000 against Hill and his bonds- men would be rendered. Should the jury find the bond not a valld instrument, there were other points remalning to be pasted upon by the court. MAY HAVE NO FURTHER TRIAL. But the disagreement of the jury on this one point disposes of the whole case. A new trial is being talked of, but it is not certain that the $10,000 legislative appropriation is aufficlent to ‘warrant further efforts to re- cover on the bond of ex-State Treasurer John E. Hill for money lost by the failure of the Capital National bank. It was developed today tbat, by advice of Attorney Lambertson, the claim filed with K. K. Hayden, receiver of the bank, for $236,000 had been withdrawn by State Treas- urer Bartley. The latter says he will now proceed to sue on the same claim. It is thought that at least $40,000 more could be reocovered for the state by Bartley. The case just closed will be a memorable one, not only on account of the conflicting points of law adduced, the fact that for the first time a jury has been called before the supreme court of Nebraska, but also from the length of time consumed by the jury, over thirty-one hours. Justice Post announced that the supreme conrt stood adjourned until May 21 at 9 o'clock m. MUST PAY FOR FAILING TO WHISTLE Novel Sult Aguinst the Owmal Burt County. TEKAMAH, Neb., May 11.—(Special)—A novel case has just been filed in Burt county court. It was begun by Alonzo B. Miller of Lyons, Neb., against the Omaha Rallway company, The plaintift sues for §78,900. The seotion under which Miller brings his action provides a fine of $60 for every fallure to whistlo at ¢ one-half of the fine to go to the informant. Miller rosides on a farm near a raflroad crossing and has kept an account of such failures to blow .the whistle of passing trains between May 4, 1894, and August 9, 1894, and noted 1,678 failures. The petition consists of 528 ts of tpyewritten legal cap. The farmer has retained good counsel and evidently in- tends to get some money or thoroughly test the law. Ash'and’s Crack Fitcher Lenves ASHLAND, Neb, May 11.—(Speelal)— Ulley Holderman, Ashland's crack pitcher, who “fanred” eleven men In succession In last Saturday’s game between Weeping Water and Ashland on the home groun'-, left this worning for Chicago in eompany with his aged mother, Developed Into a Horse Thief, DECATUR, Neb., May 11.—(Spscial.)—Yes- tesday morning a young man straggled into towm, and the first objective point which he nisde was the Decatur hotel. He told a lit- tla tale about being broke, and Landlord Page dovated a hearty meal. After eating his Hegun In suol CUT COUPON ALONG LINE OF NORDER e e e e e .. CERTIFICATE, Anticipating the Right of e Bubseriber to Barticipate in OMAHA BEE’S - FREE BOOK DISTRIBUTION © ' SUNDAY, May 12. NE ° CERTIFICATE, its 10 gover . ‘the o lome %4 | mm ADDRESS e The Omaha Bee, | PREB BOOK DBPARTMENT. breakfast he coat for 50 cents, and them sat in a poker game and went broke. From there he walked down to a livery stable and secured a team under the pretense that he was going to the Winnebago reservation for horses. He drove to Dakota City and sold the entire out- fit to a man at that place for $40. A citizen from this town happened along and witnessed the sale, and, suspecting something wrong, had the fellow arrested. A deputy went up today to bring him back. 1 IN CHARGE AT THE P 1DIG Governor Holcomb's w Appointes Suceneds don Boemer, LINCO May 11.—(Speclal)—Warden George W. Leidigh, the new warden of the penitentiary, vice Beemer, resigned, took offical possession of that institution today. Yesterday was the day named by Governor Holcomb, but Leidigh said that it would b Just as well to pass over the unlucky day of Friday and begin business Saturday morning. Bx-Warden Beemer is undecided what busi- ness he will immediately engage in. It has been rumored that, should the appraisers se- | lected to estimate the value of Dorgan'’s prison property, arrive at a settlement at an early day Beemer may be appointed super- Intendent of affairs in this line by the Board of Public Lands and Bulldings. W. B. Howard, a plumber in the employ of the Korsemeyer company, was severely burned this afterncon in a gas explosion at the | Funke opera hovse. He was looking for a 528 leak under the stage, with a lamp, and | when he had followed the escaping current up to the point where the leak was located, and had pulled up a board to get at it, there was a terrific explosion of the accumulated gus, which burned him badly about the hands and arms. He was removed to Zeh- rang's pharmacy, where his wounds were dressed. Spontaneous combustion in the coal cellar of Herpolsheimer & Co.’s dry good$ house caused a quickly suppressed conflagration at 3 o'clock this morning. Miss Jessie Wharton, a_ stenographer in the office of Abbott, Selleck & Lane, today filed an application in the county court, ask- Ing that the discharge of her former | guardian, Ambrose Eddy, be set aside and | he be compelled to make a settlement with his ward. It appears that Eddy owed Miss Wharton $340, and gave her a worthless note for the amount, thus obtaining a final receipt. She asks that the receipt be repudiated and the cash ordered paid. The county commissioners have run amuck with the Burlington, who claims that the county has pre-empted a parcel of its land between this city and Waverly, which it is using for road purposes. They desire the county to vacate immediately, and Surveyor Hart is Iscking into the matter. The Burlington claims that the government grant gave it 100 feet on each side of its tracks, while the commissioners have always gone on the theory that the 100 feet meant on both sides, or fifty feet on either side, If the railroad is right and the commissioners wrong, the county will be put to a large out- lay in constructing new roadways. Peter Blel has obtained a divorce from his athletic worse-half, Augusta, on the ground of cruel and Inhuman treatment, but as a salve to her amour propre, he is ordered by the court to contribute alimony in the form of a deed to 120 acres of land in Middle creek precinct, $200 In simoleons and the fawily lares and penates, The last meeting of the Lancaster county teachers for this school year was held today in the rooms of Ccunty Sup:rintendent Baer. The session was well attended, and the pro- gram _enlivened by discussions on ‘Mathods of Teaching and Reports of Local Meetings.” Dr. Morton, of the Peru Normal school, was pres:nt, and gave some valuable hints upon the fmportance of teaching arithmetic accu- rately. Governor Holcomb has transmitted the fol- lowing letter to the Grant Banquet associa- tion, New York: STATE OF NEBRASKA DEPARTMENT TN O General Grenvilie M. Dodge, Grant Ban- quét+ Assoclation, New York, N. Y.: My Dear Sir—Nebraska heartily Jjoing in pay- ing tribute to General Ulysses'S. Grant, the cltizen, soldier and statesman, a part of our republic, Indestructible in’its history. As a warrior, bol ntrepid and self-reliant, and as a statesman, loyal and patriotic, we share his glory as a nation, but as an un- agsuming citizen, ready to respond to tho call of duty, we claim him for our great Honest, courageous and thoroughly de- voted to'duty, his unswerving fidelity to the cause of the 'union made him truly heroic. With stubborn persistency he fought the batties for the preservation of a united coun- try, and whenever duty called him he promptly and implicitly” obeyed the sum- ons. In ancestry and education, in thought and | EXECUTIVE April 2, 1895.— In action, Grant was Intensely Amerlcan, His charicter has been indelibly Impress upon the nation. Every school hoy an rer peat the history of his life-his boyhood days on the farm, his education at West Point, and the herolc deeds of daring dur- ing the Mexican invasion, his short lif> as a clvilian, the achievements which made him renowned wi north and south were arrayed in deadly conflict, and finally his greatness statesman To fllustrate the character of this truly great man we need to 1l but two events in his magnificent career. Under the walls of Fort Donelson, commanding an army of fellow citizens, 'suffering from privations and exposure in the rain and snow, the tenacity of purpose and inflexible will of the soldier were displayed when he called for an immediat: and unconditional surren- der, adding: “I propoge to mave immediately upon your works." There was no flinchin; there.” Duty and a fixed purpose impellec him, and the warrior spoke. At Appomattox that " inflexible purpose, that dauntless de:termination had accom- plished the surrender of the army of his great opponent, Grant became greater than ever wh he forgot for the whils the years of bloodshed and violenc the bitterness and the suffering, and declared. he war is over: the rebels are again our country- men.” T this magnanimity he was greater than in his unflinching valor. As the years roll on and partisan strife and sectlonallsm are softesed and buried and men can see and think (|ls?nnslunnn‘ly. all will realize the true grandeur of this warrlor, statesman and patrig dnd in the coming ages those who look k to trace the world's long history will see the name of Grant beside that of Lincoln—great mon- umental stones to mark the existence of the nineteenth century. Permit me to f‘lrr#!« my sincere regrets at my inability to be present at your anni- versary banquet. Yours very truly, SILAS A HOLCOMB. Y. P. & €. E. Convention Routine, YORK, May 11.—(Special)—The Young People’s Society of Christian Endeavor con- ventlon is still in session at this place. A great many delegates are here 6:00 &. m.—Sunrise Prayer M i Miss ce... in Tena ng. .. Mowbr: i Horton, Osceola Citizenship. ... ..Rey, C. . Harrison, Weeping Water What can we put Into our work to it more efficien @ More Consecration b More Enthusiasm ) ¢ Stronger Alleglance {0 the 4 Sl sieoner Léna Thy a Fafthtuiness 'to" Commitee Work ST e akps e Hollls J. e Loyalty to Our' Own_Church, 2 L] oo Martha i "fivens 10:45—Address. . Rev. 'CJ. Sage, Rising City 1:b=Fow May th €o:1ty Help Is Pas- or 11:30—How' ena- Good issett May th | boards to elect and contract with teachers for THE OMAHA DAILY MEE: SUNDAY, MAY 12, 1895 SCHOOL BOARDS CONTINGUS Superintendent Corbett Holds There is No Buch Thing as a New Board, CAN EMPLOY TEACHERS IN ADVANCE Oplnlons to the Contrary Have Only Been Rendered Where the Terms of All the Board Expire at the ¢ Time. LINCOLN, May 11.—(Special)—The state superintendent afirms the power of school the next school year. The following official letter was sent out from the state department of education yes- terday OFFICE OF STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, LINCOLN, Neb,, May 10, 1895.—E, H. Hinshaw, Esq., President of Boatd of Education, Fairbury, Neb.: Dear Sir—In your favor of recent date you sumbit for decision the question whether school boards have the authority under our present statutes to employ and contract with teachers for the ensuing school year begin- ning in September, before the newly elected members of the board enter upon the duties of office. There are threc distinct classes of school ards under the statutes of this state: Dis- rict boards in primary districts, boards of high school distriets, and boards of elucatton in city districts. BEach of these boards Is a continuing body, only one-third of ity membership changing each year. There is, in fact, no such thing as an old and new bourd. It is one and the same board before and after the accession of new members. It ie evident that in general the board can bind the district by contracts which extend beyond the time when new members take thelr seats, Otherwise, contracts for chool furniture and school houses would come to an end with the expiration of the current school year. The power of the bdard to contract with teachsrs rests upon the same authority as that to make other contracts, and is granted by the statutes in the same general terms. And a valid and binding contract with a teacher may be made for services to be rendered dur- ing the next school year, if made in good faith and for a reasonable period. The question here involved was fully dis- cussed and settled in ths following cases: Reubelt against School Town of Noblesville (Indlana), 7 N. E. Rep., 206; Gillis against Space, 63 Barbour, 177, and Wait against Ray, 67 N. Y. 36 Other similar_decisions are found in 16 Wis., 336; 50 N. W. Rep., 20: 21 N. E. Rep., 303; 7 Wend, 182; 4 Hill, 16 53 Ark., 468. In two Illinols cases (87 L., 255, and 92 TIL, 293) the opposite view was takin, but here the powers of the annual meeting were different from ours, including among other things the designation of the studies to be taught. In two other cases (5 Jones, N. C., 98, and 51 Mo., 21) the right of the board to elsct before the annual meeting was denfed, but in both of thesa the' board was not a continuing body—ail the members going out at the annual meeting and an en- tirely new board being elected. POWER IS CLEAR. It is clear, therefore, that the board has the power to employ teachers for a reasonable time extending beyond the current school year, unless their power is plaialy limited by some other provision of the statutes, What constitutes a r:asonable contract is a_ques- tion of fact to be determined in each par- ticular case. The Nebraska statutes provide that at the annual district meetings in the primary and high school districts the voters may deter- mine the number of mills of tax to b levied for school purpeses for the coming year, the length of time school shall be taught, and whe 'er the school shall be taught in tho summer or winter or partly in each, The power of the board to contract with a teacher for a time beyond the current school year is therefore subjcct to these powers expressly granted to the annual meeting; and the dis- trict board in cmplo¥ing a teacher for the coming year can only make, prior to the annual meeting, a provisional contract, subject to the action of that meeting, in malters oxpresely trusted to it by law. This provi- slonal contract will be valid and binding after tho beginning of the new school year it not Inconsistent with any lawful action of the annual meeting. It should be noted here that the powers of this meeting do not include the clection of teachers, and further, that by a wise rul- ing of my predecessor the annual meeting Is denfed the power to vote mo school if there are children In the dis..ct needing school privileges. In city districts governed by the provi- sions of subdivision XIV of the school laws there is no annual meeting. The Board of Education Is clothed not only with the powers belonging to the board in other districts, but also with the powers belonging to the annual meeting. The limitation existing in primary and high school di tricts Is therefore entirely absent in their case, and they may employ and contract wit teachers . for the coming school Year whonever the interests of the district shall require such action. BASED ON GOOD POLICY. This conclusion rests not only upon law but upon public policy as well. The election of teachers before the beginning of the new school year tends to make the occupation of district | yoeterday afternoon, teaching ‘more desirable, because less preca- rious, and, therefore, tends to retain in that profession the servic:s of the most competent perscns. Many excellent teachers might be lost to the school and to the state If our school boards were not authoriz:d to em- ploy them until after the second Monday in July. The legislature has, therefore, wisely left the matter to the sound discretion of the board. It may be urged that in some Instances the authority to employ teachers for the next school year may be used to forestall the action of the newly elected wembers, or to defeat the will of the people; but since culy one-thifd of the members go out at a time, the danger 18 not very great. Every pow:r vested In public officlals s liable to ebuse. But the fact that a power may be abused is hot a sufficient reason for holding that it doss not exist. Oficial integrity of public oficers is properly presumed. A desir> on their part for the prosperity of the schools, whose affairs they manage, and a proper regard for the rights and opinions of the incoming members of the hoard can in most cases ba relied, upon wiih confidence. Our statutes limit to three years the time for which the board may contract with a supetintendent (section 8, subdivis'on xiv.). In a former ruling of this department it was held that the legislature thereby evidsnced its intention to limit the tims for which the board ‘might contract with teachers to the current school year. Such a conclusion is not supported by the law or the adjudicated ‘cases, and would, in my opinicn, greatly in- jure the efficiency of the public school sys- tem of the state, I am, therefore, of the opinfon, after a careful study of the questions invoived, that boards of education in cities have the legal right to employ and contract with teachers Rev. 1. A, Lemon Soctety? Pastor’ Help' His 5—Devotionai service 1:30—County reunions led by county super- intendents. 46—Praise service. e Papers Dusin s Meelin 3:00—Address—Junior Wo 5 Ars. O, "ALL N m 3:30=-Open Parllamini: The Sword of the Spirit ... Rev. G, W. Dell, Nebraska City 00—Miscéiianeous. 4:20-Reports from local #nd county unions. 1b-Corresponding secretary’s conference: Th: Work of the Cor ~|nul|xlh|§ Secr Miss Gertrude Combs, David City ..Dr. ‘B, M. Loog, York » Century. GRAND ISLAND, May 11.—(Special Tels- —Grandma Osborne died at the home of her son, Charles T. Osborme, near Cairo, this county, yesterday, aged 100 years. Her mother was nearly as old when she died, and for the ensulng school year, without waiting until the newly elected members have en- tered upon the dutles of office, and that such contracts made by boards of directors in primary and high school” districts will be valid, it not Inconsistent with any lawful ac- tion of the annual meeting. Respectfully submitted, HENRY R. CORBETT, State Superintendent Public Instruction. Preparing for the A, O. U. W. V sitors. KEARNEY, May 11.—(Special.)—~The local committee appointed by the Ancient Order of United Workmen to make arrangements for the sixth annual session of the grand lodge of the state of Nebraska, which will meet here hext Tuesday and Wednesday, got about through with its work and everything will be in readiniess at the appointed time. Tuesday evening a complimentary reception will be tendered the delegates at the opera house. Major General Fechet and Adjutant Gen- eral Barry were in the city Thursday night ifspecting company A, Nebraska Natlonal Guard: They also went to the Industrial sehool and fnspected the cadets at that fn- the grandncther of the deceased was 115 years old. INDIAKOLA, Neb, May 11.—(Special Telegram,)—Mrs. Dina Siennes, & ploncer cf southwestern Nebraska, died in Omaba last eveniug. Her husband was killed on Sapple creek, October 1, 1578, by the Indians. A brother and several grown children reside near this place. The remains will ba brought bere for burial tomerrow. stitution. Both the officers seemed well ploased with the faspection of the company and pald the officers, as well as the boys, a high compliment. Horse Thiel sentenced, TEKAMAH, Neb, May 11.—(Special Tele- sram.)—Shertt McGrew arrfved today from City with Willlam Pri who had & téam from Homer. Prieylwilt taken before Judge Hope- well this evéMitk, pleaded guilty to charge and wg, tenced to three years in the penitentia sy He 8 about 30 years of age. vt FORBES' BONDSMEN ARE DISPLEASED oo —— Ex-City Tressuter of Fremont May H Mora Treob FREMONT, peclal.)—-When ex- City Treasuret Forbes resigned in January, 1893, he deedeq bis residence property, which he bought duritig) his term of office, to Mose, as trusted for his bondsmen, as a par- tial sottlement of his shortage. The bonds- men have pald x-l:? amount of his shortage to the city, buf Fbibes still retains possession of the house and the bondsmen are getting nothing from It, and it is reported he refuses to give possession. If the bondsmen do not get postession of the house soon a criminal proceeding is likely to be brought. Mrs. Anna Simmons lectured at the Wo. man’s Christfan Temperance union. temple this evening to a fair sized and appreciative audience. A few days ago the police rounded up about forty tramps and escorted them nut of the city in “blocks of ten.” For the past two days tramps have given the town n wide berth. The active class of the Fremont turnverein, consisting of twemty members, will go to Millard tomorrow to take part in a prelim- wnary turning contest. The cl has been in training frr several months and confains some of the best all round amateur athletes in the s‘ate. Mre. N. Sampter and Mrs. H. Blumenthal gave a reception at the residence of Mrs, sampter, corner of Main and Ninth streats from 3 to 6, to abo The principal savenly of their lady friends. amusement provided was progressive nigh five, Mre, George Wellman recsiving the first yrize and Mrs, H. C. Mahanna the sec- ond. The spacious residence was tastefally decorated, and at 6 o'clock elegant refresn- ments were served, FOR THE CAKE OF AGED WOMEN Liverality of the Stratton Family About to Bear Frait. . LINCOLN, May 11.—(Spectal)—A reorgan- ization of the board of trustees of the Strat- ton Home for Ag:d Gentlewomen, resulted in the selection of Mrs. 8. M. Smith of Lin- coln, Mrs, C. M. Woodward of Seward and Mrs. Anna M. Bunting of David City, as trustees, Mrs. Bunting clected vice president, Mrs. Woodward corresponding secretary and Mrs. Smith treasurer, ~ Mrs. Rebecca H. Stratton and T. A. Stratton (who, with Z. Stratton, deceazed, originated the enter- prise), will remain, resp:ctively, president and recording secretary. The institution is already in possession of a most beautiful location, conststing in part of a building site of geveral acres of land about two and one-half miles north of O street, and between Twenty-third and Twenty-fifth streets, in Lincoln, and 145 lots for endow- ment, All the“glft'in fee simple of th> Strat- ton family, the same: being held in trust by Licutenant’ Governor *Moore, M:ssrs. E. B. Brown, and R. O: Phillipps. Applicaticns for. a sheltering home for aged women are frequgnt, which emphasizes (he need of the instilution being op ned as early av possible. This ill be attempted. Ihe president and treasycer have been authorized to solicit funds,,and with the recording scc- retary will comatifuto a committea upen building and furnizhing. RELIC O A& CIVORCE SUIT. — Haywagdla Property Attached at Chndeon TorAL orney's Fees, CHADRON, ‘Neb., May 11.—(Specisl Tele- gram.)—Ths wellknown Hayward divoce case is again b-fore the pubiic. Attorney Crites, who was Mrs, Hayward's attorney in the Mrs, in case, this moriling Xttached the stoek of M E. Smith & Co. for his fees, which Mrs. Hayward had 'réfusid to pay. The divorce case was satUSd I the district court, but was appealed (0-the supreme court, and whilp the matter wag pending Mrs. Hayward be- came | mentally. unbalanced, acesioned by worry and_trouble, and was tak-n, to Omaba for treatment. After returning from Omaha she refuscd to recsgnize Crites, thinking that he was instrumental in gending her there, and gave A. G. Fishir power of attorney. She refused the payment of $100 fees due Crites, which it had been agreed he should have. Crites sued her, recelving judgment. She then flled an appeal bond, but which was not filed early enough and was dismissed. She then enjoinsd Crites from serving an execution, and this injunction was dissolved yesterday. Orites today requested payment of the judgment and was refused. He then attached part of the stock of M. E. Smith & Co., of which Mrs. Hayward is the scnior partner, Schavler Notes nnd Peraonals, SCHUYLER, Ncb, May 11.—(Special)— Lou Bryant and Lou Dodge left for Ripon, Wis., early in the week, where they will sp:nd the summer. J. K. Sinkula and family of Omaha spent most of this week In the city with relatives and friends. Sinkula was connect:d with the Bohemian publication, Nova Doba, while it flourished here, and is now working in the in- terests of the Pokrok Zapadu. Frank C. Reinecke left Friday morning for a two weeks' visit with his brother, Adolph, and family at Van Alstyne. Tex. His wif went there two weeks ago and will return with him. H. R. Fets of Rawlins, Wyo., purchased the Babcock Bros.’ farm near this city this week. It is a stock farm, comprising 480 acres; consideration, $1.700. Fets sold a newspaper plant in Rawlins and invested the proceeds in the farm, intending to utilize it as a sheep teeding farm. The ground was in excellent condition when all small grain was sown, and there has not been a day of .cather since to check its growth; on the other hand, there has been but the very best of growing weather. Corn is being planted now and the ground s still in the same good condition, so that the corn germinatss very rapidly; many an acre of this great staple Is through the ground and growing nicely. If there is a_deficlency manifest anywhere it Is in the hay fislds, many of which suffered from the drouth of last year to the extent of large areas of grass bang completely burned out. rmer's Wifo t ommits Suleide, GRAND ISLAND, May 11.—(Special.)—Mrs. Niethammer, wif> of a farmer, committed suicide by taking Rough on Rats. She was 81 yoars of age. It is sald that she recsntly recelved a letter from a former husband in Germany, from whom she s sald not to have been divoroed, and it fs thought the contents of this letter had something to do with the act. No investigation was made by the cor- oner. Her -present husband is nearly 70 years of age. ‘4 A new strapt ' rallway company has purchased the ispresent franchise and in- tends as saen suas it can obtain from the comnel & franchi cover- ing the right ofi:way on new streats and avenues to change the line considcrably. The franchise pending in the council is for elec- trlc or horse poweg, though the latter power will be used for the present. The incor- porators ere H, T, Jul Fuehrman, H. C. nck, Hans Joghnck, W. S. Saiter and Joseph Sondermgay. , Barns Nafeed Heatrice. BEATRICE, Neb. May 11.—(Special Tele- gram.)—Fire thig fiorning at 3:30 destroy:d the barns on thy;promises oecupied by Mrs. W. F. Baker anh@: E. Atkinson, on North Sixth street. Mas.Baker's driving horse was consumed in the:#ames. There was in the Baker barn a dquantity of hous:hold goods The loss to the:pam!s is estimated at $2,500 The barns on the premises of R. D. Fuller and Judge Hardy were also considerably dam- aged. Total insuremve, $600. 10 Observa Decoration Day, ASHLAND, Neb., May 11.—(Speclal)—The Grand Army of the Republic with the Woman's Relfef corps, assisted by the other secret socletles, are making preparations for the observance of D:coration day here. The company operating the picnic grounds on Salt creek are arrangivg to have a large crowd at their formal opening of thelr enter- prise on that day. Richards nty Woodmen. FALLS CITY, Neb, May 11.—(Special.)— The Woedmen of the World have five camps in this, Richardson, county, and they have combined into an association, known as the Richardson Woodmen of the World assccla- tion. They will hold their first unfon plenis &t Decatur and sold it at | Salem May 15 FOLLOWED JACK FROST QUICK Inquiries Sent Ouot by Railway Officials 8how that Little Dxmage Was Done, GARDENS IN CERTAIN PLACES BLIGHTED Growth of General Crops Somewhat Checked Probably but Vegetation Not Ma- terially Hurt—It Was In All Portions of the Siate. Railroad officials started early yesterday to ascertain from their agents along their lines of rails the exact damage, if any, done by the frost of Friday night, the precipitation on the low lands of the city seemingly warrant- ing the best information as to tha extent of low barometer. Telegraph lines were kept busy all morning, with answers o the in- terrogatories kent out by the heads of the operating departments of the several systems centering in Omaha, with the result that a careful tabulation of these replies shows that the frost did but little damage throughout the state, although garden truck In a num- ber of places suffersd considerably. It fs thought, however, that fruit trees have not been greatly injured, although grapes, at a number of stations along the lines, show de- cided touches of the frost king. Superintendent Hughes of the out the following information: “In the South Platte country, covering the lands from Omaha to Lincoln, Omaha to Sioux City, re- ports show that but very little’ damage has been done, and in many places not the le horn gave evidenca of frost was noticeable thi morning. The superintendent of the line between Fremont and Long Pine telegraphed that there was a light frost cver his division, but that the damage wae slight; garden stuff suffered somewnat and small grain in a few lccalities on low ground would probably have a littie set back, but not seriously injured. As for beets, he stated that only a small part were up of the total acreage planted, and from present in- dications tho damage would be light. Superintendent Calve:t of the Burlington telcgraphed the general offices of his com- pany that the frost was general in the west half of the ota‘e, and showing in spots in the east half. However, it was apparently light everywhere and no damage was done except to garlens in some places. Frost was heavy on the walks in Lincoln, but &o far as ho could ascertain from his correspondents, the tenderest of plants were in no wise in- Ju. rom _the Unlon Pacific general offices it was ascertalned that there was a light frost on districts 1 and 2, between Omaba and North Platte; on dis- trict Ne. 3, between North Platte and Sidney, a heavy frost showed, while on district No. 4, Sidney to Cheyenne, it snawed considerably dur'ng the night. The country bitwesn North Platte and Sidney is not largely planted 1l grain and therefore little damage is ed. Detween Omaha and North Platte lals state that beyond blighting garden truck in spots, th> damage to small grain s very light, although it will have a tendency to put the growth back a fortnight. SOME DaAMA 3 IN THE STATE fnjury Confined o a Few Localities in the Low Londs, TECUMSEH, Neb,, May 11.—(Siecial Tele- gram.)—Last night’s frost did great damage to corn, and especially fruit in this vicinity. FREMONT, May 11.—(Specil)—Nls John- son, who is one of the largest 3 of sugar beets in this vicinity, says that the avy frost of Friday night did not injure crop at all, and that the plants are lookin well. In some localities where the ground was wet, the hot weather of the early part of tho week baked the earth so thdt the tender plants could not break through, and it was necessary to plant them over again FREMONT, Neb., May 1l.—(Special.) There was a heavy frost here last nigh Owing to the air baing damp but little damage was done. Fruit trees are reported all right. Corn in some places was injured corsiderably and err'y gird n truck, espeei-ly tomatoes, were badly nipped. Beets are re- ported injured little, if any. WINSIDE, Neb., May 11.—(Special Tele gram.)—Yesterday's raln was followed last night by a hard frost and fresze. Ice a quar- tir of an Inch thick formad. Corn planting is progressing finely. O'NEILL, Necb., May 11.—(Special Tele- gram.)—A light frost visited thio eection last It night, erope thought no damage was done to s been so cool all day that it is impossible to tell whether or not damage was done. Another fine rain visited this scction 1ast night and today. ROGERS, Neb., light frost followed the cold ap Friday, but the demage done is small. The pros- pects for a good crop have never been better. WATERLOO, Neb., May 11.—(Special.)—A heavy frost fell here last night, but did no Iamage to speak of. NELSON, Neb., May 11.—(Speclal.)—There wes o light frost here last night, but it is thought that it did little, if any, damage. Very little rain has fallen here this spring. RANDOLPH, Ncb., May 11.—(Special Tele- gram,)—Thursday night the wind blew hard and it rained heavily. Last night it frosted heavily and ice was formed on water stand- ing in open vessels. Gardens are hurt con- siderably, but growing crops are not thought to have sustained any serious damage. To- night it s clear and cold, but somewhat breezy. OSCEOLA, Neb., May 11.—(Special.)—Polk county had & very heavy frost last night, and people say the gardens were very much in- jured, as peas and oher garden truck were in bloom. " TEKAMAH, Neb., May 11.—(Special)— Crops were never so far advanced at this season of the year as (hey aro at this time, as the oldest settlers of Burt county testify. Corn has made a splendid tand, and no com- plaints of cut worms are heard this year. SURPRISE, Neb, May 11.—(Special.)— There was quite a heavy frost in this viel last night, but little damage was done. some places_potatoes or garden were hurt, Fruit not damaged to any great extent. HARVARD, Neb., May 11.—(Special.)—The frost here last night did but little damage to growing crops and none whatever to fruit. Small grain is looking fine, and eorn is com- ing out of the ground nicely. UREBHAM, Neb. May il—(Speoial)—A el It May 11 (Special.)—A slight rain yesterday. turned very cool last night. There was some frost, but frult 1s not damaged to speak of, especlally on upland. Vegetables were damaged in some places. Oats are looking well. TOBIAS, Neb., May 11.—(Special)—One of the heaviest frosts seen here for some time fell last night. It s estimated that much damage was done to early corn, fruit and gardens. Water was frozen one-twelfth of an inch. BLUE SPRINGS, May 11.—(8p frost of last nlght, though seemingly quite heavy, did no harm in this vielnity. Drift: of hail stones from the storm just east of here last Monday may still be seen, as much three feet deep in places. The promise of bountiful erops of all kinds has never been better in Gage county than it now is. SHELBY, Neb, May 11.—(Special)—Peo- ple who on Wedneiday and Thureday were seeking the shade were out with their over- coats yesterday. The mercury had dropped about 50 degrces in twenty-four hours. A drizzling rain fell this evening. Taere was Ho frost last night, although It was pre- dicted by many NORTH BEND, Telegram.)—A cial )—The Neb, May 11.—(8pecial heavy frost fell here and in this vicinity last night, but no great dimage was done. Some few patches of potatoes were nipped. Strawberry growers kept fires going all night through thelr grounds, which saved their crops. The weather fs still cold and clearing up. BLAIR, Neb, May 11—(Special)—There was a slight frost here last night, but it is thought it Aid not do any damage (o fruit, as it is so far along now. ARAPAHOE, Neb., May 11.—(Special Tele- gram.)—There was a heavy fre:ze last night. Fruit and early vegetables very seriously damaged. LOUISVILLE, Neb., May 11.—(Special)— A timely rain visited this part of the eounty vesterday afternoon, eontinuing for store than an_hour, SCHUYLER, Neb., May 11.—(Speclal.)— There was & frost here last night that did damage to garden stuff thet It will take sev- eral days to repair. It was fo evident yes- terdny evening that thers would be frost that everything that could be protected was cov- ered. Potatoes, tomatoes, beans, lettuce and radishes, together with a great many flowere suffersd ' most., M'COOK, Neb., May 11.—(Special Tele- gram.)—Ice formed in this locality last night 1o a thickness of nearly a quarter of an inch, gardens and fruit in the low land¥ being greatly damaged. DEWITT, Neb., May 11.—(Special.)—Thers was quits a frost In this section last night, the temperature falling =0 low that quite a little fce was formed. Owing to the warm condition of the ground, produced by the high temperature of Wednesday and Thursday, no damage was done to growing fruits and vige- tables. CRESTON, In, May 11 —(Special Tele- gram.)—Frost and ice forined this morning. Prospects indicate more tonight. Tempera- ture has fallen 65 degrees since Thursday. Little apparent Injury yet dome to vegeta- tion, which is three weeks abead of the season. BUTTE, Neb., May 10.—(Special Tele- gram.)—A heavy frost played havoc with garden stuff and wild fruit last night. It has been cold all day and prospects are good for a cold wave tonight. UNION, Neb., May 11.—(Speclal Tele- gram.)—Slight frost throughout this region lutdnlgm, Nothing of any consequence dam- aged, CEDAR RAPIDS, In, May 11—(Special Telegram.)—It 1s clear here tonight, with a high wind from the northwest and the ther mometer at 60. The coldest recorded v carly this morning, when it was 45. Frost heavy enough to injure crops of this section Is not looked for. Reports from along the Burlington, Cedar Raplds & Northern road north of here are to the effect that there were heavy frosts this morning and still heavier ones are expected tonight. At Ks- therville tonight it is 65 and at Mason City 50, and at both places it is growing colder. J. W, Thornton's Injuries Fatal, HASTINGS, May 11.—(Special Telegram.) —J. W. Thornton, a prosperous farmer liv- ing in Blaine township, died last*night. A week ago he was attacked by a bull while trying to drive the animal into the barn, and the iniuries received caused his death. His wife, who went to his assistance and at- temoted to drive the animal away, was also seriously hurt. The bull was finally driven away. by the hired man, who came to the rescue on a horse. Thornton served several terms as a member of the Board of County Supervisors and was treasurer of the First Baptist church of this city, where he is well kuown. Child Bitton by & Rattiesnnke, TOBIAS, Neb, May 11.—(Speclal)—A 3- year-old chlld of Ed Vorce was bitten by a rattlesnake on the hand. The little one was playing with a hoe, and when he saw the snake he attempted to kill it and succeeded, but not until he had been seriously bitten. Arapahoo oy Killed, ARAPAHOE, Neb., May 1lL.—(Special Telegram.)—It is reported here this evening that Fred Disbrow, aged 18, of this place was killed at Mooreroft, Wyo., while at- tempting to board a moving train yesterday. WEATHER FOREC. ST, Falr anda Warmer with Varlab'e Winds for Nebraska, WASHINGTON, May 11.—The forecast a and Kansas—Fair; warmer; . becoming southerly. 1d Missouri—Fair; north winds, bicoming variable. For South Dukota—Falr; warmer; north winds, becoming south. Loeal Record, ORFICE OF THE WEATHER BUREAU, OMAHA, May 11.—Omaha record of temper: iture and rainfall, comparel with tne cor responding of the our years 189 189 Maximum temperature 51 [ Minimum temperature 40 46 56 \verage temperature 48 69 62 49 Precipitation 08 .00 1.66 .00 Condition of temperature and pregpitation at_Omaha for the day and since March 1, 1895: Normal tempe ture w0 Deficle for the day. 12 Normal precipitation Aineh D-ficiency for the day. . .11 inch Tota! pri I[Hlll“uvfl |Hl‘hfl March 16,44 |I|(l'hv‘_: Defictency since rel . .66 incl 8% L A. WELSH, Observer. Killing Frosts for Tonight. CHICAGO, May 11.—The slgnal officer tiere predicted killing frosts for fifteen states in the west and northwest tenight. Warning signals wero displayed throughout the fruit raising part of Michigan and the eranberry arslies of Wisconsin, The Board of Trade also notified of the coming frosts, al- tncugh the weather ofiicials were unable to ay whether wheat was to be seriously dam- aged. The weather in Chicago was clear and cool, the neglige shirts and straw hats of yesterday being succeeded by overcoats and gloves. No D MINNEAPOLIS, May 11.—Varicus points in South Dakota report light frosts last night hurt garden plots on low lands, but no dam- age to wheat is reported —— Wyoming Hepublican Action, CHEYENNE, May 11.—(Special Telegram.) —A call has been fssued by President Ham- lin for the second annual convention of the Wyoming State League of Republican Clubs to ‘meet in Cheyenne June 6. Delegates will then be elected to represent Wyoming in the annual convention of the National Repub- JAMES BLANN NOT GUILTY Alleged Slayer of Robert Phillips at Tekamah Goes Freo, ''NO MAN'S LAND" NOT IN NEBRASKA Famous Burt County Murder Trial Con- cluded—Mad Featores of the O a8 Indicated by the Later Developmonts. TEKAMAH, Neb, May 11.—(Special)— “Not guilty” s the verdict of the jury im the case of the State against James Blann, charged with the killing of Robert Phililps on 0 Man's d" on February 8 last. The verdiet further finds that the place of killing was not in Burt county, Nebraska. This morning at 8 o'clock the jury filed into the court room looklng care-worn and depressed from close confinement and loss of sleep since the opening of the long drawn out and hard legally fought trial. The verdict of acquittal gives general satisfaction to all classes of disinterested persons, but the jurisdictional point has had anything but a salutary effect on the minds of the people who now see the bad results that might accrue from the verdict. Sherift McGrew emphatically declares that he will not serve a legal document on the land, which s now in reality “no man's land, since it is decided without the bounds of Burt county and Harrison county. Iowa has maintained a steadfast determination all the time not to come across the river and inter- fere in what it disclaims any right in. As the disputed tract now stands it may be made a rendezvous for all classes of criminals and outlaws, safe from molestation. This is the displeasing part of the jJury's verdict, owing to the fact that this tract of “no man's land” lies immediately adjacent to a thickly settled com- munity of prosperous, intelligent and law-abiding citizens, and but six miles from Tekamah, the county seat of Burt county. No blame is laid to the Jury for such finding, for the evidence war- rapted them fin thelr verdict, but future results are feared and the declsfon will hardly be dropped, but wi'l again find a place in the court or before congress seeking to attach the land in question onto either one state or the other, {f Harrison county, Towa, should still refuse to claim her avulsion lands. James Blann goes back on his farm again free, the jurors also return to their flelds of growing grain. Judge Keysor returns to Omaha and the counsel each goes his way, but little knots of spectators are still gathered about the street corners discussing the result and wondering who really killed Robert Phillips. R SO CHANGE IN SCHOOL LAW., F'rovision for Attendance of Children in Distriots Other Than Thole Owa. The approval by the governor of the bill entitled house roll No. 15 has placed a new law on the hooks relating to schools. It is now [n effect and is being circulated by the school superintendents, : law provides that when children of school age live with their parents or guard- lans more than one and one-haif miles from the school house in their own district, and at least one-half mile nearer to the school house in an adjoining district, the distances to be measured Ly the snortest route pos- sible upon scetion lines or traveled roads open to the public, =uch children may have school privileges in the adjolning district ine stead of in the district of their residence, under the following conditions, to-wit: The parent or guardian of such children shall, at or before each annual meeting, notify the unty superintendent of each district af- cted, using such form .of notice as_ the e, Superintendent shall’ prescribe, which notice shall state the distances as herein provided, and shall be attested by the sig= nature of a, legal voter and taxpayer of each district in addition to the signature of the’ parent ‘or guardian, who shall nouif the director of the district to transfer suel person, together with such children or Jyards, to, the adjoining district for sohool purposes for the school year next ensuing, and It shall be the duty of the directors and boards of education ‘n cities {o enum- erate the children or wards in the adjoln- ing district and not In the district of their residence. The county superintendent shall fy the county clerk of the transfer, and the county clerk shall be empowersd, and it is hereby made his duty, to place thé school taxes, except for the payment of existing bonds or Interest on the same, of the parents or gunrdinns, for the vear next en. suing, in the adjolning district instead of in the district of their residence, basing such school taxation upon the levy for school purposes “in _the adjoining _dlstrict and the assessed valuation of the property of such parents or guardians, as determined by the proper officers. And’the sald taxes shall be collected as provided by law for other taxes, —— e e Killed Whils Stoaling a Itids, MOLINE, Ill, May 11.—Joe Fowler, who cluimed to come from California, was fatally injured at Rock river bridge last night by the derailing of a Chicago, Rock Island & Pacific freight train on which he was steal- ing a ride. One arm and leg were torn off and the other leg broken, death resulting in a few hour: Pl McLaughiin Jury Falled to Agree, NEW YORK, May 11.—The McLaughlin jury has been discharged, having failed to agree. It 18 understood they stood ten for lican league, conviction, two for acquittal, It is remarkable at this seasonj when Nature every where is taking on renewed forms of lifc, that men and women should be especially afilicted with depressed spirits, weakness, weariness and nervousncss, But this condition is Natur for help, and unless this help serious consequences may be the re- sult before the end of the season. The blood is failing to carry to the nerves and organs the nourishment whieh they require. It must be purified, vitalized and given power to build up and strengthen the system. Hood’s Sarsaparilla was especially prepared to meet this condition and “respond to this cry for help. It makes rich, healthy blood, and by doing this it gives strength and vigor to the nerves and museles and regulates and tones all the organs of the body. Nature Cries for Help Farm, Field and Flower are Bring- ing Blade, Bud and Blossom But Men and Women are Weak, Tired, Nervous All Need a Good Spring Medicine—Take Hood’s Sarsaparilla the Great Blood Purifier. Hood's Sarsaparilla is the medicine for every one who is weak, tired and nervous; it 15 the best spring medi- cine beeause it is the best blood pur ficr, It is tho only true blood purifier prominently before the public eye today, because by its peculiar combi- nation, proportion and process it pos- sesses peculiar curative powers, Hood’s Sarsaparilla will give a vig- orous appetite, it will tone and strengthien the stomach and digestive organs, and enable them to assimilato the food which is taken, and thus by purifying the blood and building up the system it will fit the persc. for new life in beautiful Spring. Do not neglect the symptoms of impure blood. Do not disregard Na- ture’s ery for help. Take Hood's Sar- saparilla and guard against serious illness and prolonged sulfering, HOOD’S Sarsaparilla s the Ouly True Blood Puriler Promiuently in the Public Eys Today,