Omaha Daily Bee Newspaper, December 5, 1900, Page 3

JUDGE BA Bupreme Court Issues Another Bharp Order at Emyth's Requet. ATTORNEY GENERAL IS FORCING HIS CASE District Judge Must Hear Him or Be Held In Contempt of the Su- preme Court on Its LINCOLN, Dec. 4.-~(Special )—On appli- eation of Attorney General Smyth the su- preme court this afternoon issued a per- emptory order requiring Judge Benjamin S Baker of the district court of Douglas county to pass upon the motion for a new trial 12 the case of the State of Nebraska against the Omaha National bank. Sev- eral months ago the supreme court re turned the case to the district court with instructions for a final judgment. The at- torney general claimed that*as Judge Daker had not passed upon his motion for a new trial he had not given a final judgment and was therefore in contempt of court In support of his application for the ad- ditional order today the attorney general filed an afdavit, in which he asserted that he had examined the court records and was unable to find any ruling upon his motfon for a new trial of the case. He ssorted further that he believed the judge was withholding his ruling upon his motion without just reason. In the motion the at- torney general asked the court to issue an order which would compel Judge Baker to ebey an original order of the court or ap- pear and show cause why he should not be punished for contempt. Text of the Ord The whole action fs considered a sensa- tlonal procedure In supreme court affairs The argument on the attorney general's motion was brief and before court ad- Jourred this afternoon the following order was glven to Clerk Herdman to be served on Judge Baker This cause coming on to be heard upon the motion of the state of Nebraska for a rule upon the Hon. Benjamin 8. Baker. as Judge of the district court for the Fourth judicial aistrict of Nebraska, requiring him to comply with the command of a_certain writ of mandamus heretofore issued in this cause by this court, it Is ordered by the court that a rule issue upon the satd Hon. Henjamin 8. Baker, directing a strict com- pllance with the order mnd direction of he court in this behalf and that he, the rald Benjamin 8. Baker, ns judge aforesald, do perfectly execute the order thereof, and hereby enjofned, and that he pass upon the motlon for a new trial in sald cause on or before 5 o'clock p. m. on the 4th day of December, 1900, and in the event that he overrules sald motion that he immediately and without allowing any other business to Interfere or Intervene, except the grant- ing and entering of such exceptions to his rulings as either party may take, enter final judgment on the verdict heretofore rendered In sald cause, or show cause by 2 o'olock p. m. on the fith day of Decem- ber, 1900, why he should not be attached for contempt, and that a copy of sald or- dor be served upon him with a copy of this order. Bullding and Loan Associations. Dr. P. L. Hall, secretary of the State Banking board, today completed his report of the Nebraska building and loan asso- ciations. The appended summary, taken from the report, shows in tabular form the remarkable growth of this class of insti- tutiens. It takes the assoclations from the first year that authentic reports were made down to the present year, which period includes 1892, remembered for its expanded credits and wild speculations, and embraces the years 1863, 1894 and 1895, which were marked by panic, drouth and destruction of values, and the years 1896 to 1900, inclusive, which have heen years of reaction apd restoration of walues. The sunmary follow Ny Year. asso’ 292 og upon this summary Dr. Hall sald that it was the best evidence that could be found which would show how well the builing and loan assoclations of the state stood tWe strain of disastrous commercial conditions and how certainly they are making safe, conservative basis for future growth and strength. Secretary Is Gratified. “In submitting this report I hope I may be pardoned for expressing a sense of grati- fication in the material growth and im- proved condition of the bullding and loan assocations of the state during the last four years,” said Dr. Hall. “The growth aud evident prosperity of these institutions 18 due to the better conditions generally ob- taining in the state and to wider experi- ence on the part of the management of theso institutions. The adverse conditions of the years of drouth and panic taught some very valuable lessons, costly to some, but a better practical knowledge of the principles underlylng the purposes of the assoclations and Increased famillarity with the details of management are bearing frult. Most of the wrecks of former years, the result of drouth, panic and inexperi- ence, are now cleared away and the future is bright with promise of growth and use- tulness. “In the increased prosperity of these in- stitutlons, however, lles a danger,” con- tinued Dr. Hall, “for as they become popu- lar and win the confidence of the people so will they attract the attention of dishonest promoters and schemers who quickly dis- corn new flelds to exploit. The department must stand guard against thelr Invasion and it may be powerless to pre- vent for a time thelr advent fnto the fleld, but it the present law is rigidly enforced there will be but little profit to the adventurer and he will not long re- State Examiner. Conceraing the laws governing building and loan assoclations, Dr. Hall sald: “‘The present law needs amending in one par- tlcular and It 1s an imperative necessity that this amendment be secured at the earliest opportunlty. I refer to the ap- pointment of examiners for these assocl- ations. Nothing but absolute ignorance of the growth, importance and value of tho public value of these associations ever led to the error of making them a side show to the banks and gave birth to the idea that the qualifications requisite to equip a per- son to be a successful bank examiner could be any Indication of his knowledge of bulld- fng and loan work. Provision should be made for an examiner of building and loan - tions exclusively, requiring proper qualffications and a fixed salary and neces- sary expenses. If an amendment I3 ever made to our law providing for an examiner exclusively for these imstitutions, I sin- cerely hope the present viclous fee sys- tem will not be a part of it. With thls smendment I would advise that the present law be left as it is, as too frequent change in laws regulating quasi-public institutions s an injury in many ways. 1 have been urged to advocate in the report an amend- ment to the law providing some addi- tional savings banks features, of which I have been and am still known to be @& strong advocate, but I prefer ‘to let the demand for such come from the associations. BSome of the Important rulings of the banking board, made since the adoption of the new building and loan act, are worthy of consideration. The question of authorizing a Luilding and loan association to provide for an expense fund, belng pre- sented, was roferred to the board and after careful consideration the following 3 | sistance, rule was adopted ‘In & building and loan assoclation a special expense fund cannot be provided by sessments made upon its members for that purpose, The board will hold that properly under the present law a gencral fund and reserve fund only are recognized.” The question of authorizing building and 1 associations to establish suxiliary boards was brought before the board, sud in accordance with a ruling made at the time assoclations already authorized with provisions for such auxiliary boards have not been disturbed, but assoclations organized since have not been accorded the privilege. Thanks for Everybody. In closing his report Secretary Hall made the following reference to his own admin- {stration: “In conclubion I wish to express to the members of the State Banking board my grateful acknowledgment of their many courtesies and express my appreclation of the careful, conservative manner in which they Bave considered all questions coming to them from the department for adjudica- tion. Whatever of success may have at- tended its administration it is but fust to say 18 in a large measure due to your as- To the bullding and loan people of the stato and especlally to the members of the Nebraska State League of Local Loan and Bullding associa- tions your loyal support of the department and ready acquiescence in its requirements has been to me one of the most pleasing and valuable incidents of my offictal life." Round Up of Jurors. A dozen deputy sherifis wero pressed Into service by the district court this-aft- ernoon to round up a lot of recalcitrant Jurors who refused or falled to obey sub- poenas issued by Judges Frost and Cornish. Among those who were taken before the bar of the court were President Aylesworth of Cotner college, Judge J. Stuart Dales, sec- retary of the University Board of Regents, and 8. J. Alexander. President Aylesworth reminded tho court that he had been ex- cused from service before the subpoena was issued. The judge acknowledged his mis- take and allowed him to depart. Mr. Dales wald he bad been so busy with his work at the State university that he had for- gotten the subpoena and he aiso was ex- cused. Mr. Alexander was found by one of the officers as he was about to board a train for the east. He humbly begged the mercy of the courtoffered to pay the costs of his fallure and waived all charges for attendance. The court excused him The largest dancing party of the season was given last night at Walsh hall by Mr. and Mrs. Bdward Payson Ewing of New York City and Miss Alice M. Cowdrey of this city in honor of Major and Mrs. F. J Stoney. Major Stoney is one of the at- taches of the paymaster's office of the De- partment of the Missourl at Omaha. At the reception, which preceded the dancing, the assistants were: Mr. and Mrs. George Fawell, Mr. and Mrs. B. F. Cowdrey, Judge and Mrs. M. B. Reese, Mr. and Mrs. F. C. Howe, Mr. and Mra. John B. Wright, Misses Henrletta Hollowbush, Fay Ewing and Helen Nancoe of this city, Mrs. Edwin H Chambers of Columbus, Neb., and Mrs. Corner of Dennison, Ia. Among the other out-of-town guests were: Mrs. Ashby of Fatrmont, Neb., and Mrs. C. B. Powers of Youngstown, Pa. Mrs. Lucy L. Burr, wife of A. D. Burr, led yesterday at the family residence, 919 E street, after a long {liness, from bron- chitis. The funeral will be Wednesday aft- ernoon. Supreme Court Proceedingn. The supreme court today extended until Janvary 16 the time allowed the referees in the case of the State agalnst the Union Pacific rallroad to filo a complete report of their findings. Argument in the case was postponed until after the filing of the report. The cases heard by the court today were: Nebraska Building and Loan assoclation against Perkins, from Douglas county; Johnston against Cralg, from Kearney; Green against Lancaster county, from Lan- caeter; Sharp against the State, from Lan- caster; Carter against Gibsom, from C The cases to be heard tomorrow are Parsons against State, from Lancaster; Stewart against Cole, from Hitcheock; Beo Publishing Company against World Publishing Company, and State ex rel. Douglas county against Frank. The following were submitted on briefs without oral argument: Bantley against Baker, from Lancaster; Kuhn agalnst Nel- son, from Dakota; Dunn against Douglas covnty; Parotte against Omaha, Douglas county; Brand against Garneau, from Douglas, and Roby against State, from York. The judgment of the lower court was af- firmed in the following: Seaman Whitney, from Douglas, and against Reed, from Cass. Coll egainst State, from Dawes county. was continued fifty days. Brown against Sloan, from Pawnee, was continued until January 2, 1901 The State inst the Unfon Pacific Ratlroad Company was con- tinued untll January 15, 1901. The Chi- cago, Burlington & Quincy against Wolfe, from Phelps, was continued until January 1. Before adjournment this afternoon Chief Justice Norval announced from the bench that for the purpose of enabling the judges of the supreme court to enjoy a semblance of a Chrlstmas vacation only ome case would be heard at the sitting which be- gins on December 18. Judge Gordon's Case Advanced. The case of Police Judge Gordon of Omaha was advanced for an early hearing. 1t will probably be placed on the call for January 17. The state military board, consisting of Adjutant General Barry and Colonels Hay- ward and Killian, this afternoon allowed a claim for $106 presented by the citizens' ercampment committee of Hastings. The amount represents expenditures in excess of the original estimate of expense. Mayor Fisher, Clty Clerk Francls, ex-Senator Alexander and W. P. McCrery were hero from Hastings. The board refused to reim- turse a Hastings saloonkeeper for dam- ages done his property by militiamen dur- ing the encampment. Unvell Lieutenant's Mcnument, §T. EDWARD, Neb., Dec. 4.—(Special.)— The cercmony of unveiling the monument to Lieutenant Lester E. Sisson were held at the cemetery Sunday afternoon. The Grand Army of the Republic was assisted in car- rying out the program by the Spanish American War Veterans and Sons of Vete- rans. Lieutenant Sisson was killed at the battle of Quingua, April 23, 1891, and was a lientenant in Company K, First Nebraska volunteer infantry. Work is being rapidly pushed on electric light plant. The plant will completed about Christmas. The St. Ed- ward water power mills will be used. At first lights will be furnished from dusk tiil 11 o'clock p. m. and from & p. m. till day- light, but an all-night circult will be put on soon. the be Says She Shot at Him. TRENTON, Neb., Dec. 4.—(Special.)— Samuel Flemicg swore out a warrant today charging Mrs. Mary Armstrong with shoot- ing at him with deadly intent. Mrs. Arm- strong's bulldings were burned a fow days a but she and Fleming bad had trouble before amd the shooting was the result of the previous hostilities. Fleming claims the woman shot at him elght times. Buffalo County. KEARNEY, Neb., Dec. 4.—(8pectal,) lowing is the November mortgage ment for Buffalo county: Chattel, filed, 167, amount, $124,04458; released 113 amount, $32,024.50. Farm, filed, 30, amount, $18,136.28; released, 28, amount, $23,123.50. City, filed, 9, amount, $4,100.00; released, 9, amount, 5,845, Fol- state- [ ALABAMA'S LAST SURVIVOR Nebraskan Claims Distinction Bupposed to Belong to Jerry Lyroh. SAYS HE FOUGHT ON HER AT THE FINISH John Rosengreen of Fremont Dec! He Was 111-Fated War Vessel Carpent Mate, and De- scribes Her Destruction, FREMONT, Neb., Dec. 4.—(Special)- “Jerry Lynch, whose death was recently re- ported In eastern papers was mnot the last gurvivor of the crew of the historic Ala- bama,” says John Rosengreen, for the last twenty-seven years a resident of Ne- braska. “If you could examine the records of the crulser you would find the name, ‘John Rosengreen, carpenter's mate,’ and 1 am that man.’ Rosengreen saye that he shipped on the Alabame at Capetown, South Africa, the spring before her “last and only fight,” as the old man insists upon calling it, and was with her when she went down under the guns of the Kearsarge, off Cherbourg, the following summer. Ho says he had a chance to ship on her when she left England on her eventful career, but on account of the anxlety they #howed to get him and some other suspicious circumstances he con- cluded he didn‘t want anything to do with her. He had previously served three years in the Danish navy and was discharged with an excellent record and he thinks that was the reason the officers were 8o anxious to have him in the crew Accord 1ng to Rosengreen life on the Alabama was “not a picnie,” though Semmes, he thinks, was the best man he ever sailed under and the rations were the “best he ever got on any ship.” The crew was short-handed. The boat had left Capetown very suddenly on account of some trouble with the author- itles there and a continuous round of watching, drill and target practice kept all hands going pretty lively. The crew wus a mixed lot and included but few Amerl- cans. They were a tough lot and it took strict discipline to keep them down. One Englishman, Harry Speare, told that he had been with her since she left England and claimod he had ‘swiped’ a lot of stuft from prizes and that he was the only one of the original crew left on her. “When orders were given to clear ship for action,” sald Rosengreen, ‘‘on that morning in June, we all thought we would make short work of the Yankee cruser. I don't know much about the fight, for, you see, I was a member of the crew of the forward gun on the starboard side and the smoke rolled over 8o we couldn't sce the Kearsarge only once in a while. Each time we swung around we were nearer and nearer to her, until we were in pretty close quarters. Seems as though we either couldn’t hit her, or it we did the balls glanced off. Our engine was disabled and we 800a began to drift. During a lull in the fight I heard Semmes give the order to keep on firing. The Alabama sunk, stern first, and was well down in the water when the last gun was fired. The next thing I knew I was in the water and the Alabama was gone. I must have been in the water more than an hour—possibly two hours— before I was picked up by a boat from an I was taken ashore and the next day recelved my pay in full, in- cluding that day, and was discharged. I met one of the crew and one of the petty officers In Bombay. Indla, three years later." Mr. Rosengreen {a positive he 1s the last 1tving suryivor of the Alabama’s crew. He has served throe years in the Danish nayy, six months on the United States sloop Essex and two years tn the French navy in 1869 and 1870. He is a strong, hearty old man, about 67 years old—a typleal old seadog, fond of spinning yarns of his twenty years' experience on the ocean, but not disposed to say much about his career on the Alabama. ANOTHER MRS. LONG APPEARS Bee's Mention of Smallpox Patient's Supposed Wife Brings Sensational Protest from Genon Woman, GENOA, Neb., Dec, 4.-~(8peclal.)—The article in The Bee of a recent date in re- gard to Mrs. lda Long accompanying her hustand, C. H. Long, to the pesthouse at Onaha created a sensation In this town. C. H. Long and wife are both well known here, having made this their home for sev- eral years. About eighteen months ago Long, who has been firing for the Unlon Pa- cific rallroad for the past three or four years, moved his family to Council Blufts, where they resided until a few weeks ago, when he sent Mrs. Long and the children to Genoa to spend the winter. Mrs. Long called upon The Bee's corre- spondent here this morning to say that the first knowledge she had that Long was living with another woman claiming to bo his wife was when she was shown the article tn The Bee. She says that she thinks the woman in the case was formerly employed at the transfer depot at Council Bluffs and that her husband brought the woman to their home last spring, claiming she was a dressmaker. But Mrs. Long says that she soon dlscovered that the stranger knew mothing about dressmaking and surmising that everything was not it should be sent her away. Whoever may be the woman who is taking care of Long in Omaha, the real Mrs., C. H. Long and the children referred to are at present living in Genoa with Long's parents. Trylng Alleged Cattle Thief. SIDNEY, Neb., Dec. 4. —(Special Tele- gram.)—District court opened here yes- terday with Judge H. M. Grimes preslding. The case of the state of Nebraska against William D. Watkins, charged with cattle stealing, is now on trial. The executive committee of tho Western Nebraska Live Stock assoclation and a number of dis- tinguished cattlemen from all over the country are in attendance and the court house {8 packed. Several witnesses have already been examined, the principal omes being Matthews, who was claimed to be an accessory to Watkins, and J. R. Phelan, the prosecuting witness. The case will probably occupy the entire day tomorrow. It promises to be one of the hardest fought legal battles that has occurred here in years, There are more than forty witnesses to be yet examined. Additional Cases at nd Island, GRAND ISLAND, Dec. 4.—(Speclal Tel- egram.)—Several additional cases of small- pox ‘have developed today in the house of ill-fame where the first case was reported. There is one additional case, the woman reported being very low. C. D. Pulver, & shoe man, whose shop 1s near the Occl- dental hotel, where the alleged ‘‘Cuban itch” was so prevalent for many weeks, is severcly aficted. Three members of a Smith family, one of which worked in the hotel, are down, as is also a Mr. Bushee. Beven cases have so far been reported by the physiclans as smallpox. At all of the houses placards appear, but the same have not, so far, been quarantined with the ex- ception of the house of ill-repute. m of an Accident. PLATTSMOUTH, Neb., Dec. 4.—(Spectal.) —~Word has been received here of the ac- cidental discharge of a shotgun, causing the death of the 8-year-old daughter of Fay Wright, a grain dealer and farmer residing enst of the Missour! river opposite this city Mr. Wright left home with his gun for the THE OMAHA DAILY BEE purpose of killing a chickenhawk, when a load of grain drove on the scales. Heo lafd down the gun and went to welgh the grain but in a few moments was startled by scream from his wife. Rushing to the place where he had left the gun he found his 1t tle girl breathing her last. The little gir] it 1s sald, had been playing with the §- year-old son of a neighbor named Collina and the supposition is that the boy picked up the gun and pointed it at the little girl The entire charge pased through the child's | head. | ANOTHER OUT FOR SPEAKER| Andrews o nt That Front County Admits e Would Take the | » | LINCOLN, Dec. 4.—(Special Telegram.) —A boom was started _here tonight in the | Iuterests of Represenfative-elect J. A, An- | drews of Frontler county for the speaker- | ship of the houso of representatives. Mr. Andrews is a brother of ex-Congressman Andrews and a physiclan by profession. | Tho announcement of his candidacy was | made by his friends, but later when inter- | viewed ho said that while he was anxious | to get the position he would make no fight for it, Governor Dietrich arrived this afternoon and will remain until tomorrow evenir Senator Steele of Fairbury and Repre sentative T. E. Hibbard of Gage county | were hero tonight. E. H. Hinshaw was in the city several hours this afternoon ITmportant Witness Missing. GRAND ISLAND, Dec. 4.—(Special.)— The caso of the State against Otto Drews for shooting with intent to do great bodily injury was docketed for trial in the dle- trict court today. It is a second trial. At the first, about & year ago, the jury could not agree. On New Year's eve, in 1897, Otto Drews, a man named Losson and Drews' younger brother went out on a hunting expedi- tion. The Drews and Hansen families, though neighbors, had not for years been on good terms. The party went to the Han- sen home. A shot was fired In close prox- imity to a window. Miss Grace Hansen was sitting near this window, within the house. Upon hearing the shot she went to the front door. Turning south and look- | ing in the direction of the men, a shotgun, the barrel of which was within a few feet of her face, was discharged. The load of powder and wadding tore away the left side of her face. One eye was gone and the | other was only restored to partial sight by the best surgical ald that could be secured | in the country. The girl is disfigured for life. At the trial doubt was brought as to who fired the shot. Losson testified that it was Drews. The girl positively testified that it was Drews. Drews' brother stated 1t was Losson. When the case was called this morning for a second time it was found that Los- son was not present, and it s stated that he is not in the county. When Sherift Tay- lor went to summon him he could not be found. It was stated that he was in Gage county. The sheriff of that county tele phoned last evening that so far he had not found the man. The case has now been continued until tomorrow, when further dis- position will perhaps be made in the event Losson does not show up. He 1s one of the most important witnesses. Dr, Leake Cannot Collect. FREMONT, Neb., Dec. 4.—(Special)— The case of Endell M. Leake against Lucy Lucas, in which a verdict for the defendant was directed by the judge in the district court Monday, is one of comsiderable in- terest to the medical profession. Dr. Leake a judgment against the defendant’'s husband for medical services rendered him and, being unable to collect it, :coramenced a suit against the wife under the provisions of the state making & wite yespumsible, from her separate estate, for necessaries fur- nished the family. Judge Hollenbeck de- clded that medical services were not neces- saries and that the wife was not llable. For Taking Harry's Was FREMONT, Neb,, Dec. 4.—(Spectal)— Harry Hayes, an 18-year-old boy was held up near the Platte river bridge Sunday night and robbed of about $26, which he had earned picking corn. There were two men in the affar, one of whom decoyed Huyes | to the bridge, while the other did the work. | The fellow wno Is said to have acted as | the decoy, Oscar Hamlin, was arrested late | last night. The other fellow fs known and the officers expect to gather him in soon. He was discharged only Sunday, after serv- ing a sentence for being drunk and dls- orderly. Decldes Agninat the Omahans, PLATTSMOUTH, Neb., Dec. 4.—(Speclal.) ~In the district court today the jury re- turned a verdict for $1,800 In favor of the First National bank of Plattsmouth against Attorney George W. Covell and wife of Omaha and released County Attorney Jesse L. Root. The sult was brought to collect & promissory note, which Mr. Root had signed with the understanding that another name to be added to those already there, which was not done. The Turtlelot case was then called and s being tried before a jury. State Horticultural Soclety. LINCOLN, Dec. 4.—(Special Telegram.) —The executive board of the State Horti- cultural soclety met tonight to arrange a program for the annual meeting, which will begin in thls city on January 15. The board decided to prepare an exhibit for the Pan-American exposition at Buffalo mext year. It was announced that at (he Paris exposition the Nebraska exhibit won fifteen gold and silver medals. New Paper for Plattsmouth. PLATTSMOUTH, Neb., Dec. 4.—(Speclal.) —It is reported that Charles De France is coming to this city to start a democratic newspaper. He has not yet decided whether it will be a daily or a weekly. W Clear Docket, BEATRICE, Neb., Dec. 4.—(Special Tele- gram.)—District court comvened for the fall term today, with Judge Letton presiding. An attempt will be made to clear the docket, which Is quite heavy. A WOMAN A DE, A Montans Woman Writes in Praise of Newbro's Herplelde, BUTTE, Aug, 26.—Newbro Drug Company, City—Dear Sirs: For several years I have been troubled with dandruff, causing me much annoyance, and my hair became very thin. I have used Newbro's Herpicide for a month and the dandruft has entirely disap- peared and my halr is becoming much heavier than formerly. New hair is grow- ing where there was none, and I am very thanktul to you for the benefit I have re- celved from Newbro's Herplcide. Very truly yours, MRS. C. B. FOSTER, No. 895 Utah Avenue, Butte, Mant. Try to Get Back Bank's Money, NBEWPORT, Ky. Dec. 4—The United Btates grand jury today Is engaged in tak- ing testimony In the case of Frank M Brown, late assistant cashier of the Ger- man Natlonal bank of Newport, who is | charged with embezzling $19.000 of the bank's funds. Among the witnesses sum- moned are some known to have knowled, of Brown's losses of money at poolrooms and other places. Recelver Tucker is all- thority for the statoment that the govern- ment will undertake to follow the money lost and spent by Brown and recover It from the persons who benefited by his laviah use of the money belonging to the bank. Earnings of d and Wife, BT. LOUIS, Dec. 4—In a_decision re dered in the'case of J. I Macks against Columbia ~Theater company and Sldney Drew, the St. Louls court of appeals de- clared that what husband and wife earn | by their combined labors belongs to them generally and cannot be considered the gole and absolute property of the husband. The conclusion, therefore, was that It canoot wition. |8 | couraged and disconsolate. WEDNESDAY, DECEMBER 35, 1900. be applled to the husband's fndividual debts and is sacred from the obligations of the wife ell. [t can only be taken in payment of their joint debts. The case was brought into court as & garnishment pro ceeding on o Justice's judgment - in Californfa againet’ Sidney Drew for an jn- dividual lodging bul, Drew fs a vaudeville actor and he and his wite were playing at the Columbia theater when the garnish- ment was served Vian Who Cnased a Sulelde. CHICAGO, 1 4 —~Wliillam 1. Dunton, formerly auditir rk of the Unfon Na‘ tional bank, was today found guilty of the embezzlement of §1 Sentence not pronounced. The defense offered no evi- dence In the case. Dunton was an {ntimate friend of Assistant Teller George Forbes of the First National k. who committed sulcide gome months ngo. Forbes” books showed a discrepancy in his accounts and it learned that despondency over ghortage, which was cauged by Ko loaning money to Dunton on the lat promise that he would repay it immedi- ately, drove him into taking his lite. Dun- ton was ¢ 1at O1d Point Comfort, Va N. Y., Dec. committee of the Pan-American | t company has announced 118 concurrenc the recommeniation of the committee ports for the appointmert of James K ivan, e “treasurer of the Ama- r Athletle union, to take charge of the athletic features of the exposit Many have lost confidence and hope, as well as health, because they thought their Kidney disease was incurable. Foley's Kid- ney Cure is a positive cure for the dis- Take no other. Dillon's drug store, South Omaha; Myers- Dillon Drug Co., Omaha |FAIR WEATHER TO CONTINUE North to East Winds Likely to Pre. vall In Nebraska o nesday and Thursday WASHINGTON, Dec. 4 Wednesday and Thursday: For Nebraska and Kansas—Fair Wednes- dany and Thursday; north to east winds. For lowa and Missouri—Falr Wednesday and Thursday; fresh westerly winds. For North Dakota—Falr Wednesday; warmer in extreme eastern portion; Thurs- day fair In eastern, probably snow in west- ern portion; northerly win For South Dakota—Fair Wednesday and Thursday; variable winds For Colorado and Wyoming—Generally falr Wednesday and Thursday; variable winds, For Montana—Fair In eastern, rain or snow in western; Thursday rain or snow in northwestern portion; northwesterly winds. For Illinols—Falr Wednesday and Thurs- day: fresh westerly winds. For Oklahoma, Indian Territory and Ar- kansas—Fair Wednesday and Thursday; westerly winds For Western Texas and New Mexlco— Fair Wednesday and Thursday; variable winds. Forecast for Local Record. OFFICE OF THE WEATHER BUREAU, OMAHA, Dec. 4—Official record of tem- perature’ and precipitation compared with {he' corresponding 'day of the last thres years: 1900, 1899, 1598, 1897, Maximum temperature.... 50 17 21 & Minimum temperature G S G Precipitation 0000 .00 04 Record of temperature and precipitation ot Omaha for this day and since March 1, Normal tempera Excess for the Total excess since March 1 Normal precipitation Deflclency for the day..... Tota! rainfall since March Excess since March 1........... Deficlency for cor. period, 1509 Deficlency for cor. period, 1598 Report from Stations at & 04 04 inch 8 Inches LS80 inch 4.67 inches 06 inches ¥ - STATIONS AND STATS OF WEATHER. “m o § 1% aunyviadway, Saanyenad Omaha, cloudy North Platte, par Cheyenne, partly cioudy. Salt Lake, clear. Rapid City, clous Huron, clear. Williaton, cloudy Chicago, (‘loud(i/. 8t. Lous, cloudy &t. Paul, clear. Davenport, cl ansas Clty Helena, raining. Havre, cloudy Blsmarck, clear.... Galveston, clear.. 128383323 7T indicates trace of precipitation. L A WELSH, Local TForecast Ofclal cancer Cancer until the blood is polluted and the system thoroughly con- iaminated by this deadly virulent poison. Then a sore or ulcer appears on some Ean of the body; it may be small and armless looking at first, but as the can- cerous cells form and are deposited by the blood near the sore, it increases in size and severity, with sharp shooting pains. No matter how often the sore is removed by the surgeon’s knife or flesh desuoyn%pln ters, another comes and is ‘worse. e real disease is in the blood, and the treatment must begin there. The poisoned blood must be invigorated and purified, and when this is done cancerous cells can no longer form and the sore will heal naturally and permanently. Mra, S8arah M. Keesling, 1 Windsor Ave,, Bristol, ‘eun., writes Tam 41 years ‘old, and for three years had suffered with severe form of Cancer on my jaw, which the doctors wald ‘was incurable, aud that 1 could not live more than six months, Iaccept- ed their statemen! as true and had given up all hope of ever being well again, when my druggist, know* ing of mycondition. recom mended 8. 8. 8. After tak- ing a few bottles th began to heal, to th There are never any ex- ternal signs of urprise of the physici and ina short {ime made a complete cure. 1 have gaiued in flesh, my uppetiie is spieadid, sicep Telreshing—in fuct, am enjoying perfect health, overcomes this de- structive poison and removes every vestige of it from the system, makes new, rich blood, strengthens the body and builds up the general health, If you have a suspicions sore, or have in- herited any blood taint, send for our free book on Cancer, and write to our medical department for any information or advice wanted ; we make no charge for this ser- vice, Your letter will receive prompt and careful attention, and will held in strictest confidence. THE SWIFT SPECIFIC CO., ATLANTA, GA. ‘DeWitt's Early Risers The famous little pills For Biliousness, 'l‘orgld Liver, Consti~ tion, Sick Headache, Dizziness, Ine stinal Obstructions, Jaundice and all other Liver and Bowel Troubles DEWITT'S LITTLE EARLY RISERS are unequalled. They act promptly and never gripe. They are so small that they can be taken without any trouble, Propared by E. G. DeWitt & Oo., Ghicage. A NARROW ESCAPE. 3 A GRATEFUL WOMAN. ,0‘000000000»‘00—0.000000-.0..000000000 sessssscsssssecg @esecescsccccccscsscsecrscctsccrssssseserssressssesssrsesees R R R R R R R RSN : j ! | § i i | i MRS. F. J. LYNCH, GRAND RAPIDS. MICH. Mrs. F. J. Lynch, The Peruna Medicine Company, Columbus, Gentlemen—*1earnestly recommend Perunato any as it cures quickly to cure. seemed to do. friend to women.” Chronic-Couglls and Colds Are Catarrhal Diseases, Catarrh is—the Contin~ val Scourge of Chtisgldom. Catarrh hovers ominously over every city and nestles treacherously in every hamlet. It files with vampire wings from country to country and casts a black shadow of d spair over all lands. Its stealthy appro and its lingering stay makes it a dread to the physician and a pest to the patient. It changes the merry laugh of childhood to the wheezy breathing of croup, and the song of the blushing maiden to the hollow cough of consumption. In its withering grasp the rounded form of the fond wife and mother becomes gaunt and spectral, and the healthy flush of manhood turns to the sallow, haggard visage of the Invalld. Cough takes the place of comversation, speech gives way to spitting, the repulsive 4 South Division street, Grand Raplds, Mich., writes Ohto iffering women I had a most persistent cough which nothing seemed Two bottles of Peruna did more for e than all the doctors In a couple of weeks I found myself in excellent health, and have been enjoying it ever since. Hence I'look on Peruna as a tru MRS. J. LYNCH, odors of chronic catarrh poison the kiss of the fondest lovers, and thickened mem- branes bedim sight, impair hearing amd destroy taste. Liko tho plague-stricken Egyptians, a cry of distress has gone out from every household, and the mildew of woe clings to every hearthstome. Catarrh in some form, catarrh fo some stage lurks as an enemy In the slightest cough or cold and finishes its flendish work in heart disease and consumption. No tissue, function or organ of the body escapes its ravges; muscles wither, nerves shatter and secretions dry up under its blighting presence. So stubborn and difi- cult of cure fs this disease that to invent a remedy to cure chronic catarrh has been the ambition of the greatest minds of all ages. Is it therefore any wonder that the vast multitude of people who have been cured of chronic catarrh by Peruna are so lavish in thelr praise of this remedy? That the discovery of Perura has made the cure of catarrh a practical certainty is not only the testimony of the people, but many medical men declare it to be true. As a drug store in this age of the world is facomplete without Peruna, 1t cam bo obtained anywhere, with directions for use. A completo gulde for the prevention and cure of catarrh and all diseases of winter sent free by Tho Peruna Medicine Co., Col- umbus, Ohio. There’s a touch of Christmas in this stock, but we always make ready in season, s that early buyers may be accommodated. Only a short time now, and the 'WISE ONES will make ready—will carefully investigate the new ‘deas shown. Whether your wishes drift to fancy and dainty pleces, or to the more substantial sort of gifts, serviceablo we feel that we'vo the items to please—the goods that will best line up with your wishes. That the prices are right—in fact the lowest—will only add pleasure to your selections. Taborets "W show all that fs latest and newest in Taborets — very pretty effects in Teakwood, Du- mascus, and the new and novel hand burnt work. Also the plalner ones In all the mode rn woods and finishes— Damascus Taborets £8, %84, #12 and $134. Hand Burnt Work Taborets 84, $94 and 312 Teakwood Taborets §7, 811, 8114, $164, $17). Oak and Mahogany Taborets 50c, 75c, 814, $2, $2%. | 5 l WALK IN AND LOOK AROUND. Purchases made now will be delivered later if desired, ORCHARD & WILHELM CA 1414-16-i18 Douglas St. Columbia Desk Calendar 1901 Sixteenth Edition. Sixteenty Edition A convenlent memorandum pad with heparate page for cach day of the year. Enclosed by handsome steel rame. May be hung up or placed at any desired angle on the desk. The W1 edition has colored cover of new design and improved binding. Now ready Sent to any address on receipt of 6 d-cent stamps, DEALERS SELL THEM Charter Oak Stove & Range Co, MAKE THEM, ST. LOV ‘e Lune Balm for.cougts, colds "Dr. Kay's Lung Balm Saeras L4 ]