Omaha Daily Bee Newspaper, June 19, 1895, Page 5

- DELL AKIN OY THE STAND Brothor-in-Law of Barrott foott Testifies in the Murder Trial at Butte, MISS M'WHORTER'S DAMAGING EVIDENCE Bhie Positively Tdentifies Mullihan and Harris % Two of the Men Who Participated in the Lynching--Outiine of the Defense. BUTT Neb,, June 18.-~(Special Tele- gram.)—When court convened Shis morning the witness for the state was called, and Dell Akin, brother-in-law of Barrett Scott and prosecuting witness, took the stand and festifi=d that he has lived for the past fifteen years at Atkinson, in Holt county. Had Xnown Scott for seventeen years. Scottville 45 4wenly-four miles from O'Nelll. Saw Seott at Neligh, apparently for the last time in life, with Sanford, Parker, Herscheiser, Merkle Thompson, Lem Bartley and other persons. When the body was found witness dentified it at the bridge as that of Scott. Rope was Imbedded in the flesh, and had a knot on left side. Had a bullet hole on the right side of tho head. The rope was mearly new, one-half inch eize, and had a €llp noose. Found a goll watch n his pocket. Another rope was coiled around the hands and the hands tied. Body was found in Boyd county, Nebraska. No timber in voinity of where the body was found on Boyd county side, but a number of trees on the Holt county side. Didn't exam trees for marks of lynching. Examined rail- dng on the bridge and could find no evidence of rope having been drawn there. Was at the Postewaite house looking for evidence of Iynching, but saw nothing to indicate such Followed wagon tracks to Tally's bridge, and examined bridge, which was one span, about woven feet from bed of creek. Saw no marks of hanging. Saw tracka of two-wheeled cart which had backed upon north side of bridge, thirty or forty feet from bridge. Knew de- fendant, Biliott. Didn't know Mullihan. No settlement between Whiting's bridge and Postewaite house. Found coat about thirty feet from body down on north channel; coat was found twenty feet from shore and about thirty feet from body. At Postewaite hous tracks showed that wagon had stopped and horses had been fed, as barn had corn cobs in feed boxes. There were wisps of hay where wagon stopped. No hay stacks near there. Found rope hanging to rafters in Postewalte house, but did not examine it. Rope appeared to be an old one, and had knot In lower end. Did not take notice of what position it was placed in the bullding. Bullding was vacant and used as a store- house and granary. A rafter overhead haa arks of a rope, which was made apparently by a rope of a heavy body hanging to it. Rafter was made of cottonwood, and probably 2x6 inches in diameter. Thought the marks were weatherbeaten and old, and did not give much attention to them. Sanford Parker of Spencer told of the find- ing of the body of Scott, and said he had went to notify Mrs. Scott and the Holt county sherift of the finding of the body. DIid not see any marks on the bridge and saw 1o blood. DId not think the murder was committed in Boyd county. Clark Young testified that he had seen parties in the neighborhood of Parker post- office during the day prior to the assault. Mrs. Clark Young corroborated the testi- mony of her husband as regarded the pres- ence of men at Parker on Sunday, and on Monday had seen men on horseback and a wagon and team and a road cart or buggy £o_in direction of Parker postoffice. T. H. Girard testified as to the general good. qualities of Harrls in the neighborhood, and_said that his reputation was always good. Hiram Polk was questioned on the stand, but the testimony was merely a repetition of the others. The defenso objected to several questions asked by the state’s counspl which led up to the assault at Parker, allowing that it . was irrelevant and immaferial, because the indictment or information charged that the offense was committed in Boyd county, while the evidence would show it was committea in_Holt. Miss McWhorter testified as to the affair at Parker, and positively identified Mullihan as the man who did all the talking, and said that he came up to the buggy and asked Scott to glve him Holt county's money. On his refusal to do so, he tried to pull him out of the buggy, and she reached over and seratched his hand. She also swore to the ddentity of Harris as being one of the men in_the crowd, Before completing her examination court adjourned until tomorrow morning. The ob- Jections were all overruled and excepted to. The general drift of Attorney Harrington's questions developed the fact that he would +endeavor to bring out that other parties com- mitted the murder and that Jackson Wiley, Dell Akin, Bart Berry and other parties were interested In getting Scott out of the way. The defense expects to prove beyond question that the lynching actually occurrea at the Postewaite house, in Holt county, and the discoverey of the body in the Niobrara was a part of the gemeral plan laid by the gullty partles, who knew where it was all the time they were making their threats, and at the same time filling the columns of the daily press with abuse of the men who were trying their best to get at the bottom of the affair. The court room was crowded to suffocation this afternoon. A number of ladies wero present. The town is full of strangers, the majority of the witnesses for both sides hay- ing arrived. MATTHEW GERING DISCHARGED, Case Against the Plattmouth Lawyor Thrown Out of Court. LINCOLN, June 18.—(Special)—The most indignant man in Lincoln today is Matthew Gering of Plattsmouth, and his lurid word painting concerning the ancestry and general character of F. W. Little is of a highly pie- turesquo description. Mr. Gering is a prom- inent attorney of Plattsmouth, and has been + identified with Nebraska politics as a demo- crat for several years. The statement made by an Omaha paper that he passed the night in Jail 1s not true, as he has been abroad ou * his own recognizance ever since his arrest last evening. Today he recelved the follow- ing telegram from H. D. Estabrook of Omaha: “‘Accept assurance of my unabated con- fidence in you, also the offer of any assis- tance in my power. I am yours to com- mand.” Gerlig was arrested on a writ of execution dssued out of the county court on demand of F¥. W. Little, at one time president of the Lincoln Street Rallway company. Little's story runs that seven or eight years ago Gering was located at Elk Point, 8. D., and was interested by Little with some money to Invest. Gering was led to belleve that he had a chance of being appointed attorney gen- eral of South Dakota, and went to Plerre, to be there when the plum was given out. Lit- tle says Gering took too much liquor, and Mr. Little's money went to pay for it. Fall- dng to secure the appointment, he returned 0 his home, In Cass county, this state. The amount of the couversion was $350. When Ldttle asked Gering for it the latter gave him uotes for the amount. These notes were mot pald, and in 1892, when Gering was a candidate for attorney general in this state, Judgment was obtained thereon in the county court. Little claims that but $200 has been paid on the judgment. This morning the case was called in county court, Mr. Little appearing to press the charge. Little's attorney, W. G. Clark, who, mccording to Gering, investigated the pro- ceedings, had gone to Omaha. An Immediate ‘hearing was insisted upon by Gering's at. torneys, but the case went over until 4:30 ». m. Gerlng_ says that the story regarding the contracting of the debt is substantlally as related by Mr. Little. Gering states that Mr. Litte had been told the whole story mud at the time he only asked that Gering do the best he could. When a settlement was had Gerlng executed four motes, three for $100 .each and one for $62, which in- cluded Interest. In 1889, when county attor- mey of Cass county, Gering gave Little an order for $100 of his salary, which was paid ©on account. Other payments were made later, in all covering the entire principal and leaving mnothi but the tnt it. Ac- cording to Gering's figures, all he owes is $140 in Interest. Mr, Gering says that W, G. QClark, for Mr. Littla, had several times a teiapted to compel him to pay the balamce by threatening to spoil his prospeots for an Appolntment in the United States district at- torney’s office, and that to pacity him he gave him a paper, which wus virtually call on the first money thus earned. A numbor of Lincoln attorneys are of the opinion that a blunder has been made by Littl lawyer. GerMg himeelf says that th an attempt to make a criminal action against a clvil debt, and that even if there has been a crime commlited, It done in South Dakota, and therefore the Nebraska courts have no furisdiction in the case. Lin- coln lawyers point out that the judgment Mr. Little has was not secured upon the originail debt, which 1t s claimed was fraudulently contracted, but on motes taken In payment of that debt. Also that all Gering owes is the interest, and that a man cannot fraudu- lently contract that. At 4:20 all parties gathered In the county conrt room and there was a lively scene. Judge Lansing presided. He was prepared to dismisa tho case at once on the poor showlng made by the prosecution, but Matt Gering had blood In his eye. At 2 o'clock he had treated Attorney W. G. Clark to a tongue lashing. He now proceeded to add some py- rotechnic remarks to what had gone before. In the heat of his excitement he pulled off his coat and made a break for the lawyer with the announceed fintention of *‘doing” him then and there. The court did not eppear to blame Gering much for his beliicose atti- tude, but Attorneys Lambertson and Wester- man restrained the irate lawyer from Platts- mouth, who afterward apologized. Judge Lansing sall that the complaint did not prop- erly set out a cause for the arrest of Gering and had he examined it more closely before he fssued the warrant the arrest would not have taken place. He then Qismissed the case. Gering sald that Frank M. Little for $30,000 damages for il- tonight he would sue legal arrest, OProsk AR blikhing Company Files Its Answer to the Petith LINCOLN, Neb,, June 18.—(Spectal.)—Not untll this morning ald the Call Publishing company files its answer to the petition of the Carpenter Paper company of Omaha and W. Morton Smith for a receiver for the evening paper known as The Evening Call. It was a bulky document, brought in by Attorney C. 0. Wheedon, on behalf of L. L. H. Austin and the publishing company. The petition recites that in June, 1894, Austin and Smith bought the plant from Cox and Bushnell for $12,000, the agreement being that Smith and Austin should pay $6,000 each. Smith, how- ever, it i alleged, had no money at all and Austin was obliged to loan him $1,500 at the start. This was paid subsequently, but nothing else. Smith continued to refrain from paying anything, and made a bluft at “editing” the sheet, at which he was a failure, and finally dimanded that he be paid a salary. But as Smith’s services were of no value whatever to the paper, this request was refused and he ceased all connection with the company. Austin says that since he assumed sole management that in four months, e ing May 1, he has succeeded in increasing the revenue to $3,400, while expenses have becn but $3,350. Later on he figures out that he bhas made $300 in four months besides pay- ing off several debts contracted under the careless management of Smith. According to Austin the real indebtedness of the com- pany Is about $12,000, the larger part of which is secured by mortgage and bonds. All other items he claims are payablo by Smith, and that it is due to Smith's failure to keep his agreement to put up his half of the money that Austin was compelled to borrow some $7,000 from frien Thelr present stock account stands: $14,000 put in by Austin; $1,500 by Smith. Austin says that a receiver is entirely unnecessary and that one could not control the company’s property without loss and great expense. The hearing of an application for a_receiver was continued, but will be heard and decided within a few days, The Central School Supply company and other creditors of the Lincoln School Supply company ask for the appointment of a re- celver fo take charge of the §337 the dis- trict court recently found was due the Lin- EIVERSOIP, Call ¥ coln company from the school district of Lincoln. They claim the company is insol- vent. The Lancaster county republican committee has been called to meet Friday evening, June 28 at which time all the r publican candidates are invited to be present and manifest their preference for a late or early convention. The journal of the elghteenth annual en- campment of the Grand Army of the Repub- lic, held at Hastings, Feb. 13 and 14, 189 has just been recelved by Adjutant General Gage of the Grand Army of the Republic, and is being distributed among the various posts of the state. DRY GOODS FAILURE AT Benjamin Becker Store Closed—Indebtcd to Omahn Houses. FREMONT, Neb., June 18.—(Speclal)— Benjamin Backer, who has been running a small dry goods store on Main street, has falled. Yesterday afternoon he gave the fol- lowing chattel mortgages to his creditor Fremont Natlonal bank, $500; B. Kohn, agent, Omatia, $638.14; M. E. Smith & Co., Omaha, $113.74; Nebraska Dry Goods company, Omaha, $122.82; Willlams-Hayward Shoe com- pany, Omaha, $146.25. The Fremont National bank took possession of the stock last even- ing. Backer places his stock at $2,500. Other dry goods men here place it at §$1,000. The amount of his other Indebtedness is not known, but it is probably several hundred dollars. The police arrested Budd Coon on a charge ot uttering forged paper. Coon had in his possession a check signed by A. B. Clark, payable to B. Coon, on the Fremont National bank for $22.50. He tried to pass this at several stores without success. The bank say they have no depositor uf that nam Coon was arraigned before Judge Holmes yesterday afternoon, pleaded guilty and was held over to the district court. He announced his intention of pleading guilty in the dis- trict court and taking his senfence as soon as possible. Tho Rathbons Sisters elected the following officers last _evening for the ensuing term: Mrs. R. J. Stinson, M. E. C.; Mrs. George Schaad, M. E. 8.; Mrs. J. A. Collins, M. E. J.; Mrs. W. R. Smith, M.; Miss Laura Frick, M. of R. C.; Mrz. Stewars, M. of F.; Mrs. F. F. Kuen, P. of T.; Miss Carrle Balduff, O. G. of T.; Mrs. James D. Rogers, trustee. Greenwood Graduates. GREENWOOD, Neb, June 18.—(Special.) —Dr. A. P. Marble, superintendent of the Omaha schools, delivered an excellent ad- dress before the graduating class of our High school the evening of the 12th. It was a scholarly address and was listened to by an intelligent and appreclative audience. The doctor made many friends here. Owing to the large class which graduated this year, it was thought best to have class exercises two evenings, the 13th and 14th. The class num- bered fourteen, as follows: Misses Maud Ab- bott, Lentie Kimberly, Sylvia Finley, Carrie Craig, Maud Parker, Isa Coleman, Bunice Karnes, Anna Green, Carrle Clark; Messrs. Paul Renwanz, Perry Hewitt, Roy Barr, Clyde Finley and Pitman Coleman. This is an exceptionally strong class. Eight of them enter college next year and three of the others expect to teach next year and enter college the following year. Mr. Killen and his assistant, Miss Emerson, have been secured for next year. Supt. Killen leaves at once for the wesiern part of the state, where he assists to conduct a summer normal of ten weeks for the teachers. central FREMO Family's Narrow Eseape. CHAPMAN, Neb., June 18.—(Speclal.)—A. Ballor and famlly, who &0 fortunately es- caped without serious injury during the re- cent storm, when thelr house was demol- ished by a cyclone, had a narrow escape from being struck by lightniug last night, Be- coming frightened in the house they took refuge in a small straw shed abutting a wire fence and had no soner done so when they were all prostrated by a bolt of light- ning. that struck a fence post but a few feet distant. The wind blew a perfect hurricane last night, as many demolished windmills and overturned sheds today testify. Fire at Hartington. HARTINGTON, Neb., June 18.—(Special Telegram.)—About 2 o'clock this morning fire broke out in Bdwards & Bradford’s lumber offices. The alarm was quickly given, and the Hmely arrival and effective service of the city's fire company prevented any ex- tensive damage, notwithstanding the flames wi already well under headway. The fire probably originated from a refuse cigar cast :::'on‘muhbm o & part of the bulld- A BRI 0t s A NG00, 1 NI b et i Mt s o - comdi’ HAY WILL HAVE T0 ncm] Supreme Court Hands Down an Opinion in the Aeylum Controversy. ACTION OF THE GOVERNOR SUSTAINED His Power of Removal in the Case Absolute and Not Reviewable by the Courts— Abbott to Take osse: at Once. jon LINCOLN, June 18.—(Special.)—At noon | today Governor Holcomb's private secretary | wired Dr. Luther J. Abbott at Fremont: “Supreme court decides for you. When wili you arrive?” This ends the long drawn out over the swperintendency of the Lincoln Hos- pital for the Insane, which, since the 10th of | March last, has engendered much bitternes and given rise to a long series of Investiga- tions, prefaced by charges bordering on the | scandalous. In its decislon, which was handéd down this morning, the supreme court holds: “The power conferred upon the squabble | governor to remove certain public officers for cause Is an administrative and not a Judicial function, and orders made in the exercise of that power are not reviewable by the courts. The limit of interference in such cases Is to protect public officers, re- movable for cause only, in their rights to a hearing upon specific charges. Upon the question of the right of Govern Holcomb to appoint any one to the superin- tendency of the asylum prior to the ex- piration of Dr. Hay's alleged six years' term of office, the court says “A subsequent statute treating of a sub- ject In general terms and not expressly con- tradicting the more positive provisions of a prior special act will not be construed as a repeal by implication of the latter if any other reasonable construction can be adopted The provis ons of section 7, chapter 83, Con- solldated Statutes, for the hearing by the Board of Public Lands and .Buildings of charges against certain officers Is cumulating only, and was not intended as a repeal the first provision for the removal by governor for cause of the superintendent of the Hospitel for the Insane at Lincoln (Section 2, Chapter 40, Consolidated Stat- utes.)"” vernor REMOVAL WAS REGULAR. In its opinion the court holds that it fol- lows that the order removing Dr. Hay Is in all respects regular and binding, and that he has, sinco the date thereof, held the of- fico in controversy without authority of law “It follows, too, that the appointment of Dr. Abbott invested the latter with a right of possession_and the emoluments of sald office and that he is entitled to judgment on the pleadings. Judgment of ouster against the respondent, Hay, in fayor of the respondent, Abbott." It is understood that the decision of the supreme court fixes the date of Dr. Abbott's appointment at May 15, the thme at which the governor found the chargegs against Dr. Hay sustained and appointed Dr. Abbott in his place. This ignores the appointment of Dr. Abbott, confirmed by the senate March 10. At that time the governor had not re moved Dr. Hay for cause. Accordingly Dr. Hay will receive pay for h's services up tc that date. Practically the deciston of the court does away with the plea of Dr. Manary that the governor cannot remove him for cause. The latter’s examination was had soon after Dr. Hay's. The declsion in the case was written by Judge Post. Dr. Hay says he will now yield the point of contention, as the matter ha been fairly adjudicated before the proper tr bunal. Dr. Abbott replied to the telegram sent by Private Secretary Marat, that he would start for Lincoln immediately. This after noon ho arrived from Fremont, and, accom panied by a party of populist friends, moved on the asylum and took formal poss of the same. SYNOPSIS OF THE OPINION The state of Nebraska ex r 8. Chu chill, attorney general, agaimst Hay and Abbott. Judgment of ouster against Ite- £pondent Hay, in favor of the Respondent Abbott. Opinicn by Justice Pos A subsequent statute treating al terms and not ex ontra ins opled. The provision of section 7, chap Jmpiled Statutes, for the hearing by Loard of Public Lands and Buildings charges against certain of! s cumula- tive only, and was not intended as a roy of the prior provision for the removal by the governor for cause of the superintend ent of the r the Insanc at Lin coln._(Sec. Compiled Statut 3. The power ¢ d upon the o to remove certain public oificers for caus 1s an administrative and not a judiclal func- the tion, and orders made in the exercise of that power are not reviewable by the courts, 4. The limit of judicial Interference in such cases is to protect public officers re ovable for cause only In their right to a aring upon specific charges, 5. Certain findings examined and held to sustain the order based thereon, removing the rspondent from the office of superin- tendent of the Hospital for the In Lincoln, T FREMONT, June 18.—(Special.) L.J Abbott went to Lincoln this afternoon. ile expects to take possession of the asylum at once, and does not think that there will be any more obstacles thrown in ais way. The people here, aside from a fow politicians, feel well satisfied with the decision of the supreme court. CROPS CONTINUE TO IMPLOVE, Splendid Rains Thronghout tho Stato As- sure n Fino Yield BELGRADE, Neb., June 18.—(Special)— Another coplous shower fell last night and rained free at intervals during the day, put- ting the ground In fine shape. There never was such a prospect for a large crop. Oats and wheat are assured. CENTRAL CITY, Neb, June 18.—(Spe- cial.)—The crop cutlook in Merrick county is good. From present indications farmers will realize the heaviest crop of oats ever har- vested In the county. The rye crop will be light. Little wheat was sown, but many flelds are looking fine. Corn nover showed up faster than during the past two weeks. WESTERN, Neb., June 18.—(Spacial)— Another splendid rain here this moruing adds to the assuranoe already felt that this section 19 to have a bountiful corn crop this year. NORTH LOUP, Neb., June 18.—(Speclal.)— Another heavy rain, amounting to about two inches, fell last night, soaking the ground to a great depth. This places the soil in such a condition as to practically insure the ma- turity of the wheat crop. Sues forf Dumages TEKAMAH, Neb, June 18.—(Speclal)— Rhodes J. Taylor, who was tarred and feathored here three weeks ago, and subse- quently departed for more peaceful haunts in Illinos, brings sult in the district eourt of Burt county against Horace Brookings for $2,000 damages for malicious prosecution, It was Mr. Brookings who filed a complaint agalnst Taylor for attempted rape, and he was being returned here when taken from an officer and bedecked with a downy coat. Next morning the county attorney appeared and dizmissed the case agalust Taylor, the bring- Ing of which he had no knowledge. Nelther did Brookings know of its dismissal. Tay- lor's mother {s thought to be instrumental in the damage sult, as she has previously suc- ceeded against liquor dealers who sold her husband Intoxicants over her protest. Attorney H. Wade Gillis staris with his family tomorrow on a trip overland, prairie schooner fashion, through Iowa, and maybe through Missouri, to Arkansas. He secks a reparation of his impaired health, Disappesarance of a Farmeor, BELGRADE, Neb., June 18.—(Special)— Considerable excitement Is prevalent in this nelghborhood over the sudden and mysterious disappearance of a prominent farmer, F. W. Helser, who went to Columbus on the 10tn of this month to attend the Knights of F thias memorial services, and was last seen in that city. He had been lately unfortunate in some trades he had made and had losu @ good farm, the fact of which o preyed upon his mind that his actions were queer, and his friends fear that some serious accl- dent has befallen him. The lodges of Ancient Free and Accepted Masons, Kuights of Py- thias and Anclent Order of United Workmen of Cedar Rapids are searching for him in | was not | was | bt overy direction, but %o far have found no trace of him. 0, 4§ A man of medium height, sparely ml;&. prominent _features dark complexion, eyes, and wore brown plaid suit, slouety: hat, wears a mou tache and has a Romag nose. Any informa. tlon concerning him will be thankfully re- ceived by his family. o N FATAL CY(LON NUOLN COUNTY Benjamin Young, ‘W Farmor, Killed His Body Horeibly Mangled. NORTH PLATTE; Neb., June 18.—(Special Telegram.)—News reaghed this city th afternoon of a terible, cyclone that passed over the centrai western portion of Lincoln county Sunday evening. Several houses were blown down, many’ oltbuldings and wind- mills were leveled_to_the ground, and at least one man was Killed. Benjamin Young, a’farmer, was in his residence at the time the storm struck, and the residence was scattered over the country for over a mile around. The body of Young found untll Monday forenoon. It disfigured almost beyond recognition and was found lying about 200 yards from where the house stood. The storm wa accompanied by heavy hail At this place the storm was ve meager details can be lear extent of the storm, owing to had roads, the | thinly settied country between here and where the storm struck and the distance of som and y light, and ed as to the thing over twenty-five miles. Young's hous was about ten miles south of Sutherland this county. He was a married man, and his family were visiting at a neighbor's when the storm came, VERDON, Neb., June 18.—(Special)--A heavy rain storm visited this section yester- day afternoon, accompanied with hail and wind. About 8 o'clock a cyclone eloud was seen forming in the northwest. Its path was but three or four rods in width and extended but about a mile. The most serlous damag; done was the demolishing of a barn belon; ing to William Schultz, living about s miles from Verdon. THe timbers of the building were driven into the house, making extensive repairs necessary. Mr. Schultz's farming implements were destroyed, one horse killed and a mule o injured that it will_probably die. The loss is estimated a $2,000. Thieving Tramp Captured. PLATTSMOUTH, Neb., June 18.—(Speclal Telegram.)—The tramp who robbed the home of Orren Lee, north of Pacific Junction, Ia., on Sunday night, was captured last evening a few miles north of this city by Officer Fit patrick of the local police force. The fellow was brought to this city and lodged in jail He had the gun, watch and the other stolen articles on his person, and gave the name of E. J. Ryan. This morning he consented to his transportation to Towa without requisition papers, and the lowa authorities accordingly took him over to Glenwood. The Junction Recorder, a weekly newspaper published at Pacific Junction, Ta., passed out of existence today by the foreclosure of a mortgage held by S. L. Cariyl: of Nehawka against the publisher, G. F. S. Burton. Mr. Carlyle has shipped the plant to Omaha, Vatlny VALLEY, Neb., June 18.—(Special.)—Miss Bell Ashmend of Beatrice is visiting her aunt, Mrs. TL M. Smith, this week. Mr. Ernest Hall of Mead, Neb., Is the guest of his uncle, John Hall, this week. Mrs. H. A. McAllister is visited by her sister, Mrs. Charles Courtney of Omaha this week, B. lois is enjoying a visit from Mr and’ Mrs. Gilkinson, ofWahoo. Mrs. Gilken son is Mrs, " sisteny E. Ennay enjoyed a, visit from his fathe: first of the week., B. A. Repass and, wife terday. isited Omaha yes- Plague of Grisshoppors. M'COOK, Neb.,! June 18.—(Special Tele gram.)—Some uneaklneds is being felt in this section on account of the appearance of grasshoppers in emstern Colorado. Between Hckley and Ois, a-distance of about twent five miles, they cower-the Burlington railro track, at times causingimuch trouble and de- lay to traffic. Bugines have been providea with ste:l brushes.with which to clear the track of the bothersome hoppers. At Yuma Colo., they have inyaded the grain 1 and ‘ara doinz conghlerabla damage. They seem to be siowl st “ound DECATUR, party of men f ing about thirteen miles ncrth, near the old Cuknown i toater, , June 18.—(Special.)—A »m this place who are camp. Indian mission, fished the desd budy of a man from the waters of the i river yesterday. Identification of the body has not been attempted yet. The boys have tied the body to the bank and the coroner of Taur: ton county will ba uotified, as that is the county In which that particular portion of the viver is in. Sunday Sehool Convention at Tecamsoh, TECUMSEH, N:b., June 18.—(Special.) The Sunday schools of the Christian chureh of the state are holding a convention in Te cumseh, which will last three days. Today was the first one, and already a goodly num- ber of delegzates and Sunday school workers arz on hand. Hereafter the meetings will be held in Dillon & Oder's grove, weather favorable, and picnic dinners will be served. All seem to be enthusiastic in the work. Bonnd Over for Bu BLAIR, Neb, June 18.— and Elmer Haywood were arrested and brought down from Herman yesterday by the constable, for breaking into John Mead's house Saturday afternoon and stealing a gold wat d some clothing. They had thetr preliminary examination and = were bound over to the district court. They were caught near Tekamah. tary: peclal.)—Henry Normal tehool Up:ns we 1 astings. HASTINGS, Neb., June 18.—(Special Tele- gram.)—The Normal school opsned with its | first work this morning at the High school bullding with an enrollment of over fifty. Mizs Kathleen Green and Prof. Fike have charge of the science, and Prof. Julian the There will be six weeks of titute. mathematics. normal and two weeks of i Superintendent Marble nt Syracuse. SYRACUSE, Neb., June 18.—(Special Tele- gram.)—The teachers' institute tonight lis- tened to an address from Superintendent Marble of the Omaha scheols. The subject selacted for the occasion was: “‘Our Public Schools Not Omnipotent.”” Phe lecture lasted for over an hour and was listened to with marked attention. Sold at Sherif's Sale. HASTINGS, Neb., June 18.—(Speclal Tele- gram.)—The Cameron block was sold at sherifl’s sale todty on a mortgage of $10,000, which was held by the Exchange National bank of this city. There were liens against it to the amount of $10,000, which made it a deal of $20,000. It wae bought by the Ex- change National bank Result of Gogll Crop Oatlook, CREIGHTON, Neb,, June 18.—(Special)— John Sparks, a cattleman of Idaho, will fesd a large number of eattle at this place the coming winter, TH§ fhove is due to the ex- cellent prospects for,an immense hay and corn crop in this,lodality. Local cattlemen are also preparing to feed extensively. Hazelett Kefeasod on B il YORK, Neb., 'Jipe 18.—(Speclal Tele- gram)—The prelimluary hearing of Frank Hazelett, charged cwith mortally wounding George Kingen on last Thursday, was held here today, and Hazelett released on $5,000 buil. The hearing was before County Judge A, Montgomery. ; Zietuus Hastings Kleckrie Light Plant Sold. HASTINGS, Neb!, June 18.—(Special Tele- gram.)—The Hastings electric 1ight plant wae s01d this morning on a mortgage of $13,000, which was held by Adam Cook, jr., of New York. The plant was bought in by Mr. Cook for $10,000. Orlenns Chautanqua. ORLEANS, Neb,, June 18.—(Special Tele- gram,)—The Ministerfal association of the Holdrege district was in session today. Chau- tauqua booming. Robert Mcintyre gave his great lecture on buttoned up people tonight Aged Greenwood Cltizen De GREENWOOD, Neb., June 18.—(Speelal.) —The aged father of Mrs. Elliot was found dead In his bed this morning, He was up- ward of 80 years old and his demise was supposed to be from heart disease. NO MONEY AVAILABLE LEIDIGH 1N FULL CONTROL Warden of the Penitentiary May Run the Institution All by Himself, TO PAY HELP State Banking Board Recommends the Ap- pointment of ¥. M. Yo & A Re corver of the Suspended Hank vor his cwn way down at the penitentiary. at Mroken Bow. Juno 18.—(Speclal.)—It looks much as 1t Warden Leldigh would have The Board of Pubdlic Lands and DBuildings has re. 1 from its bluff at the appolntment of a stewart au superintendent, and It is quite doubtful if it makes any further move toward reletting Of the bo contract for the prison labor. 1 Secretary of State Piper 19 off to Cleveland to attend the convention of the Republican General Churchill s up in Boyd co (he alleged lynel week that go tho contra last day nonths appoint a stewart Le; awa gue of Clubs, and Attorney ity trylug rs of Barrett Scott. Rach by lessens the desirability of . for, under the bill as it passed the legizlature, it the can only be let until the next session, ubout twenty Governor Holcomb will not for the penitentiary, and it may be that Warden Leldigh will neglect to name a_deputy. deputy, and Le fident that he « pen himself, iness man and one of affairs, loss succeed The place. Warden Beemer had no digh, it is understood, Is con 1 save money by running the As he is considered a good bus he will doubt- as well as any other man in his s no money available to pay the warden or any of the other help. All the money appropriated for the penitentiary is for of prisoners, $49,000 for this maintenance vear, and $51,000 for 188 Leldigh's opinion that the convicts who might be available for u to such work put can be will raise a fund sufli- e of a contractor cient to make the prison at least self-support- ing. There will be per diem to pay by the state, 10 40 cents per capita This alone amounts to a saving of about $50,000 a year, less the cost of This would make a saving of §; maintenance, say $25,000. 000, less the expenses of conducting the prison, provided the conviets 1 be made to carn would be net profit, in earned nothing. Whag they addition, to the state. It was claimed by the appraisers of Dor- gan's contract $: alleged was 00 a year to him, to, Dorgan, it would seen tainly, to be worth on chattels at the pen that hie worth between $20,000 and If it was worth that that it ought, cen- half as much to the state under state control, YOUNG RECOMMENDED FOR RECEIVER The State Banking Board today recom- mended the appointment of F. H. Young for the was T bankers in preme court appointment. on deposit, funds of Custer county. recefvership of Commeres Mr. Young at Broken commended for the stockholders sides a number of prominent capitalists Omaha. It the suspended Bank of Bow, Custer county. a resident of Broken Bow, and position by all the \d creditors of the bank, be- and su- is expected the inmediately announce the Bank of Commerce had falled, $12,000 county There were a num- will The when it ber of applicants for this position, including ex-Land Commissioner A. H. Humphrey and G. L. Laws TRANSPORTATION The State Board of Transportation ha , made no appointment of secretari SECRETARIES, as and there is strong probability that they will not make hoard. any ¢ Charley the that ange in this element of Morrill has announced he is no longer an applicant for the position, and neither Farrell nor Barney Johnson is in evidence 2t work ard socretarte hould will sxistenee, OMAHA PEOPLE At the Lindell: lhomas Connell, St tion A Burke, A, strue eton, he Casital: s H Ruf the two were, up to a short time since, a for will reap Dilworth, the roason that 08 gro 1 have hut efghteen montlis to serve, as, amendment to bearing upon this department and increasing fail to carr: the powers doubtless P. Marble, J. P, Robert Wheeler, E. S. These ively ly the incumbent Koonte, for their socretarios vicinity of Lincoln. the positions. It s lik int the present Johnson and the pressure daily. New the constitution the next legislatu wipe the whole board out of AT LINCOLN, Mrs. H. W. Bow, Will S. Grey. At the Lincoln rintendent of Public In Johnson, John T. Charles Offuit, W. S, Huff. At H. Bridge. Brink, E. S. Hoff, W. Darby of Washington, D. C., is at the Capital Deadwood Entertalns the Governor, DEADW iovernor Sheldon egram.) 00D, 8. D., June 18.—(Special Tel- and family and Representative Pickler of South Dakota, who are visiting friends in thi are being city, royally entertained by the citizens of Dead- weod. This afternoon the Blkhorn Railroad company took Messrs. Sheldon and Pickler and about 150 of Deadwood’s foremost izens over the Ba'd Mountain narrow gauge e, and tomorrow they will be shown rough the various smelters and reduction Cas LOUISVILLE Telegram.)—At 3 o'c rk in Deadwood and Lead. Jounty ¢armer Killed Neb., June 18.—(Special ‘clock this afterncon Henry Hennings a well-to-do farmer of this county, while returning to his home near South Pend, was run over by a Rock Island train and instantly killel His littla daugh- ter, 6 years od, in the wagon w him, was tossed ten feet away and severely injured. The horses were killel and the wagon broken up. Hennings was 05 years old. Hatt DECATUR, Neb., Junz 18. Mayolt, Charles ke Iu the Pantry. Special.)—Mrs, while assisting her mother in getting breakfast yesterday morning, dis- covered @ rattlesnake in the pantry measur- ing two feet in length. The reptile was soon dispatched. For Selling Liquor t CHADRON, gram.)—C. H. charged with He will be taken to Omaha tonight. custody dians. Fair wit WASHI For For northerly Tor South northerly wind For Kansas—Iiair; OFFICE OF THE WEATH June 18, and OMAHA, peratur WEATHER FOREC Variable GTON, for Wednesday is: Nebraska— For Iowa— Missouri — Incre winds Indians. Neb., June 18.—(Special Tele- Weller was tolay taken into selling liquor to In- —_————— ST, Winds Promised for braska Toduy. May 18.—The N forecast alr; variable winds, northerly wind: sing ~ cl alr; diness; Dakota—Increasing cloudiness; northerly winds. Local Record. R BUREAU, Omaha record of tem: rainfall, compared with the Corresponding duy of the past four years: Minimum 1895. 1894, 1893, 1892, aximum temperature.... 7% 11 89 8§ temperature.... 5 63 70 58 Average temperature...... 64 70 80 70 Precipitation Condition of tem] .01 .2l .00 .00 rature and precipitation at Omaha for the day and since March 1, 189% No Deficlenc, mal temperature of the day. Normal prec Deticiency Total precipl 8 8 inch - . 19 Inch > March 1. 847 inches Deficlency since March 1........ 3.97 inches Roports from Other Stations at 8 P, M, - 27 g PSR & Z | smarn or vH( 29§ |, i | g ASSIGNING WWEST POINT GRADUATEN No Emough Flaces on the Active L) A1l of Them. WASHINGTON, June 18.—~The War de- partment has made assignments of the gradu- ating class of West Point among the various regiments of the army. Two of the cadets graduating, Nos. 1 and 2, are assigned as ad- ditional second lleutenants in the enginecer corps. A pumber of cadets have been as- signed as additicnal second lleutenants in the difforent regiments, there being no va- cancles for themn at present. The cadets will report for duty on June 30. The aseignments are as follows and In the order of their rank in graduating Corps of engineers, additional second liev tenants: Edward H. Schulz and Harey Ber- Artillery—Second lieutenants: ment, Harry E. Smith, battery Second regliont, Joseph Knowlton, battery F; Third regiment, Thaler Lames, battery A. Additional second lleutenants: Conway H. Ar nold, §r., Fifth artillery; Joseph Wheeler, jr., Fourth artillery; Adrian S. Fleming, Fifth ar- ory; Brooke Payne, Fourth artillery Cavalry Arm--Second lleutenants: Sixth reg- iment, Casper H. Conrad, troop M; Harry H Stout, troop G; Herbert A. White, troop H; Scven regiment: Nathan K. Averill, troop M; Ninth regiment, Harry L. Cavenaugh, troop L. Additional second lieutenants: Mor- timer 0. Bigelow, Tenth cavalry; Willlam G. Sills, Second cavalry; August C. Nissen, Fitth cavalry; Clyde E. Hawkins, Third cavairy; James 8. Parker, Fourth cavalry; Joseph H 1xon, Tenth t tor st regls Heron, First cavalry; Henry B, cavalry; George B, Pritchard, jr., Ninth cav alr; Infantry Arm—Second lMeutenants: Secord regiment, Franklin 8. Hatton, company D; Third regiment, Jens Dugge, jr., company K; Fifth regiment, John A. Gurney, con pany C; Americus Mitchell, company G Ninth regiment, Thomas W. Darragh, com- pany K; Thomas I, Dwyer, company 1; Lou's H. ‘Lewls, company G; Eleventh regiment, Melton L. McGrew, company 1; Twelfth regi- ment, Francis P. Syviter, company F; Glenn H. Davls, company I; Fine W. Smith, com- pany K; Thirteenth, Charles H. Paine, com- pany Fi Fourtcenth, Perry D. Miles, com- pany K; Sixteenth regiment, Benamin T. Simmong, company D; Bightecnth, Albert Brooks, company F; Walter 8. McBroom, company I; Twentieth, Lorraln T. Richard son, company I; Gharies R. Howland, com- pany H; Morton F. Smith, company E Twenty-first, Lewls M. Nuttman, company K; Twenty-second, David 1. Stanley, com- pany C; Twenty-fourth, Joseph N. Augustin, Jr., company A; Twenty:Mifth, Samuel G. Cr Qon, company I; Girard Sturtevant, com- pany E. Addltional second lieutenants Louis H. Basp, Thirteenth infantry; Anton Springer, jr., Twenty-first infantry; Frank 0. Watson, Nineteenth infantry; Oscar J. Charles, Tenth infantry; Thomas A. Pearce, Fourteenth Infantry; Daniel Duncan, Seven- teenth infantry. o AND D NE THE HONOR Title of . Conferred by Whiberforce Univermity Considered Inappropriate. WASHINGTON, June 18.—Wilberforce uni- versity, the oldest institution in the country for the education of negroes, a few days ago conferred the degree of LL.D. upon Pres. ident Cleveland. The president has sent an autograph letter to President Mitchell of Wilberforce, declining the honor. Wilber- force university is conducted under the aus- pices of the African Methodist Episcopal church, and was founded by Bishop D. A. Payne. The president has recently shown the institution favors, and it was in return for these favors and in recognition of his worth that the unlversity decided to confer upon him the honorary degree. President Cleveland recently made a colored man lieu. tenant in the army and detafled him as spe- clal instructor in military tacties at the university. Then, too, when a postmaster was to be appointed at Wilberforce, 0., where the institution is located, the president se- lected a colored man endorsed by the faculty of Wilbarforce, The president in his letter is £aid to have exprossed his high appreciation of the in- stitution, but, not belng a college graduate, and having declined a similar honor from one of America’s greatest universities, he re- garded it as but consistent to adhere to that course. ok NOT CREDITED AT WASHINGTON, ent that England Wil Arbitrate with Venezuein 1s Doubted, WASHINGTON, June 18.—Sir Edward Gray's statement In Parliament yesterday that Ambassador Bayard had been informed {hat Great Britain would consent to the ar- bitration of the Venezuelan question under certain conditions created some surprise among officials here, as Sir Edward's state- ment s calculated to show that Great Britain has accepted the suggestion of the United States, whereas it has really declined. The desire’ of Venczucla is to arbitrate the en- tiro boundary question, and the request of Mr. Bayard in behalf of the United States was in_ this direction. But the answer of Great Britain, as glven in the Associated press dispatches at the time, was that no arbitration was admissible as regards cer- tain_territory which Great Britain asserts indefeasibly hers, though she offered to ar- bitrate concerning certain territory to which apparently Great Britaln regarded her title as less clear. The practical effect of this was to reject the only proposition the United States had presented. A similar answer was given by Great Britain to Venezuela five years ago and was rejected as an indirect refusal to arbitrate, tat; WILL APPEAL TO THE I'OPE, ¥Fall River Knights of Pythias Will Carry Their Case to Rome. 'WASHINGTON, June 18.—Cardinal Gib- bons has taken to Rome the documents con- cerning the Knights of Pythias socleties of Fall River, Mass., with a view of having the pope make a ruling on them. The case is a peculiar one, as the Fell River societles are made up very largely if not entirely of Catho- lic members. They have bullt up a beneficial insurance system, the benefits of which would be lost if the members were compelled to abandon the societies. It would be a special hardship on several Catholics who have paid large insurance premiums and are now sick and dependent on the returns from thelr investment. A delegation from Fall River laid the special circumstances be- tore Mgr. Satolli, but as the decreo against the Knights of Pythias made no exceptions, it was decided that Cardinal Gibbons should lay the case before the pope. News for the A ¥ WASHINGTON, June 18.—(Special Tele- gram.)—Leave of absence for four months has been granted First Lieutenant William Black, Twenty-fourth infantry, with permis- sion to go beyond the sea. First Lieutenant Willlam F. Lewls, assistant surgeon, two months _and twenty-three days. Captain James E. Pilcher, assistant surgeon, four months en surgeon's certificate, with per- mission to go beyond the sea. Second Lieutenant Eiward Singerfoos, Fifth infantry, one month, beginning September 1. First Lieutenant Willlam P. Beam, Second cay- alry, two months extended on surgeon's certificate. First (Lieutenant David J. ,Rumbough, Third artillery, is detailed to attend encamp- ments of Alabama state troops at Moblle from June 20 to 30 and July 3 to 13. He will report to the governor of Alabama for such duty as may be required during en- campments and upon the close thereof will return to his proper station. Postmanters Conmissioned. WASHINGTON, June 18.—(Special Tele- gram.)—Postmasters were commissioned to- day as follows: Nebraska—Fred Lehmkuhl, Lodge Pole; Jeseph N. Simmons, Glen Rock; Lorenzo Peyton, Lavacca. Blsmarck St Vincent Cheyeuno. . Miles City. Rapld 01 Clear 00 Part cloudy Part cloudy 5 Cloudy Raining. 100 Clear. T Clear. .00 Clear. 00| Part oloudy 02 Cloudy. 100 Cloud: 02| Part cloudy 02 Part cloudy 00| Par: cloudy 08/ Clondy. T Part cloudy 00 Cloudy. trace of precipitation L. A WELSH, Observer, Towa—Charles W. Maddy, Columbus. 8. 8. Cook was today appolnted postm ter at Newtonville, Buchanan county, Ia. vice W. W. Wilder, resigned. Dr. F. Selby was today appointed an examining surgeon for the pension bureau at Bedford, la. —_—— The Ladies. The pleasant effect ard perfect safety with which ladies may use the California liquid laxative, Syrup of Figs, under all conditions, makes it their favorite remedy. To ge' the true and genuine article, look for the name of the California Fig Syrup Co., priuted near the bottom of the pack: J. B L. Chicago~Will yon plenss let KAOW & remedy for redAenIng In’ the face nervousness, Take Cerebrine, extract of the brain, fa three-drop doses, three times dally. J. G. R, Minneapolls, Minn.—Continue the use of Testine, .in three-drop doses, th times dally, then use Cerobrine in five- doses morning and evening for a woek, sponge bathing in the morning would be excellent hyglenlc treatment, Mrs. C. L, New York—Ior the local trouble use carbolated vaseline and take Febricido pills, one morning and evening, for one week, M. M. i, New n iy left side, nd n bloated stomach, Take a teaspoontul of Natrolithlc Salt in halt a tumbler of water shorning and even- ing for a week, then follow with Cerebrine, extract of the brain, fn three-drop doses ont the tongue threo times dally, W. F.,, New Yerk--Please advise a remedy for wEh With pains around the kidneys and “times in (ho stomach; had pneumonia over A your o A the cough over since. one threo times a day two weeks, then Cardine, extract of th in three-drop doses on the tongue times daily for two months, York—I have a very bad pain with palpitation of the N condition In the region of the Take Febriclde phls, for Dale, New York—I am sufforing with a woake 4 of the sexual organs, ako Testine, extract of the testes, in p doses three times dally for a week, then Cerebrine in samg dose for a week, and 0 on, alternating, for two months, A, 8., Chlcago matorrhoea Take Testine, extract of the testes, three times daily In three-drop doses on the tongue; Please state troatment for sper- local cold baths at night, hair mattress, light covering, open window, plenty of out-door exerclse, avoldance of splcy food and te bace Mrs. 1. B., Cleveland—For the rellef of the obesity take Thyroldine, extract of the thy rold gland, in three-drop doses on the tongue three times dally. For the disorder of the digestive system take two teaspoonfuls of Natrolithic Salt in a tumbler of water daily an hour before breakfast. W. T. PARKER, M. D. P. 8.—~All letters of Inquiry on medical subjects directed to the Columbla Chemical Company, Washington, D, C., 1l be an- swered free, either In these columns or by mail direct. THE ANIMAL EXTRACTS The most wondor ful therapentic discovery since the days of Jenter, CEREBRINE. - - From theBrain. For discases of the brain and nervous system, MEDULLINE, = From the Spinal Cord. For epilepsy, Locomotor Ataxia, ete. CARDINE, - - From the Heart. For diseases of the heart, TESTINE, For premature decay. OVARINE, For diseases of Women.. THYROIDINE, for Eczema and impurities of the blood. Dose, 5 Drops. Price. Two Dractims, $1.00. ALL DRUGGISTS. Send for Book. FEBRICIDE PILLS For Malarial Affections and all inflamma- tory disenses of which fever is an accom- paniment. Of inestimable value in neural- gla; for sick headache a specific, Price, per box of 20 pills, 60c; 100 pills, $3. NATROLITHIC SALTS For hablitual constipation. torpor of the bowels or inaction of the liver, headache, gastric dyspepsia, intestinal dyspepsia, want of appetite, languor and debility. As a mild, effective purgative it has no equal. Price, 50c per bottle. COLUMBIA CAEMICAL COMPANY, Washington, D, C, For sale by KUHN & CO., 15th and Douglas, Yale’s La Freckla 1s Mme. Yale's infalible cure for Freckles, Tan and Sunburn. It is the only remedy ever compounded that will remove freckles com- pletely and surely The fairer and more delicate the skin, the more likely it is to freckle and the worse it will look after it is freckled, Thousands of women, otherwise beautiful, aro disfigured by these unslightly brown blotches. Nothing will hide them. They are a source of misery, but they can be curgd. La Freckla Is one of Mme. Yale's greatest achievements. There are many immitations, some of them very dangerous and hurttul to the skin; none of them really effective, For safety and certainty, insist always on getting the genuine and original La Freckk Price $1 at drug stores or by mail, MMB, M, YALE, Health and Beauty Swclalist, 1 State street, Chcago. Beauty Guide mall ree. Searles & Sear! SPECIALISTS All torms ot Slin Disgasos. Kores, 8 Pimples, Serofuls, Tumor Teuer, Eozema und B.iou P'olson thoroughly cleanse: from the systom. LADILS given ecaretul Jand special attention for thelr many pocullar aile \'ments. CATARRH, Thro Lungs, Liver, " Dyspepsis Troubies cured by special ! WWcourse of treatmont. WEAK MERN (VITALITY WEAK) made 80 by 100 olose applled- tion to business or study severe strain or grl BEXUAL EXCESSES In iife or from the effects of youthful follles, yleld readily to our new ireatment for loss vital power. . Your troubles If out ot city. Theusands WRITE [0 Y0t home by corteepondvace. Dr.Searles & Searles, o har s, You Can’t take too much Rootbeer It quenches your thirst iylnl the best of it, Improves your healtli ) © That's the rest of it, 1t paskage makes § galons. v AOLTTLLRA S N S, R