Omaha Daily Bee Newspaper, February 19, 1901, Page 4

THE OMAHA DAI Y BEE: TUESDAY, 19 NEWS O I INTEREST FROM COUNCIL FS. BLUF! MINOR MENTION. Davis sells glass Davis sells drugs. Btockert sells carpets and rugs. Fine Missouri oak. Glibert Bros. Gas fixtures and globen at Bixby's John N. Baldwin s in Washington Fine A. B. C. beer, Neumayer's hote! Wollman, sefentific opticlan, 409 B'd'y. Schmidt's photos guaranteed to please. Moore's stock food kills worms, fattens. W. J. Hostetter, dentist, Baldwin block. Leftert, jeweler, optictan, 238 Broadway. Drink Budweiser beer L. Rosenfeld, aet Palm grove No. 11, Woodman Clrels, wiil meet tonight Wanted—Board and room Address F, Hee Ofiice Wanted, cc ent girl for general house. Mrs. R. T. Bryant and daughter are home from a visit in Moberly, Mo, W. F. Graft, undertaker and disintector, 01 South Main street. Phone 606, Something new for Kodakers Alexander & (o.'s, 33 Broadway Get your work done at the po laundry, 124 Broadway. ‘Phone resident R, C. Hughes of lege visited in this city yesterday For rent, modern resldence in heart city, by W' L. Kerney, 21 Main street gan & Klsn, upholstecing, furniture repairing, mattress making. 122 8. Main st Mrs, George Miller, 1023 Third avenue, {3 entertaining Mrw. J North Platte, Neb, Rev. 4. H. Bauerfeind Lvangeiical left yestorday Visit to 8t. Paul Deputy County Treasurer G. M. Gould who has been lald up with grip. was able to be at his desk agaln yesterdiy A want ud n The Ixce will bring results ‘The same attention given to a want ad in Council Bluffs as at the Omaha office. Rev. R. Venting, pastor of the First I tist chureh, is home from Heatrice, N where he conducted revival meeting A marriage license was fesued yesterday C.C. Grahl, aged and ° Fraiees Kreticn, aged 2, both of Council Bluits Sheridan coal, once (ried always use! Smokeless, no %00t clinkers 1or sulphur. Price 8, $.60. Fenlon & Foley, sole agents Concordla lodge Knights of Pythias, will meet this evening in Hughes hall 20 work in the first and second rank George G. Hell has applied to the health wuthorities to have the smallpox quaran- tine on his house rafeed. Bell was quaran- tined January 18, The old patrol wagon has been sent to the shop for repalrs and a farm wagon be longing to the sower department is doing temporary duty in its place The Knlghts and Ladies of Security will meet tonight. The state banner, whicn vis won by the Council Bluffs lodge, will be presented. A banquet wiil be served Dr. Susan while driving on Broad- way yesterday afternoon was thrown from her phaeton by a wheel coming off. The horses started to but were stopped b bystanders. The Towa Holiness association's mission hall on West Broadway has been closed for 1wo_weeks, a8 the members will take part 1 the revival services at the Fifth Avenue Methodist church re rt. the by W will 1 servic Sunday of Ada at ¢ E ar Eagle col bor ot man on a of the Ge morning nusie for which hickstun and e place of in the Congrega- church e funeral Mr. and Mrs morning at 1 daughter of Wil be this home In Garner township. It be private and ourial Will be In the Catholic cometery. The funeral of Mrs. Nancy Shl will be tomorrow afterhoon at ¢ from the family yesldence, 775 Madison avenue. Rev. B, L Dieffenbacher will conduct th burtal will be in Falrview cen Hiram Boob, a peddier of by yesterday afternoon it ytreer and Broadway by falling in a Tle was ramoved (o fin Al joln e dritg wnd later to hig. home at o Rev. Myron . Waddell Broadway Methodist chu day for (- i to s the winter in the health. He will b Waddell Dimple Bernice C Jefrrey, 181 terday” morning neral will' be residence and HIII cemetery The monthly meeting of Education will be tonight Pected 1o be tuken on' the application have the question of free text books su mitted to the eleciors at the school elec- tion on March 11 The case against Willlam charged with obtaining money under falsé pretenses from Mrs. Allce Davis In con- nection with a fire Ingurance policy, was dismissed in Justice Bryants court yes. terday for want of prosecution “Tax Ferret” Cunningham reported County Treasurer Arnd. yesterday discovered Mrs. Hattle De Kay ow of property which had bee ussessment for (b Kay I8 now a resid The marrfage of Emmet Tinley and Mrs, Elsle Thornton will be this afiern tho home of the bride’s tather, Hon Pusey, Sixth street and Willow The ceremony Wil he performed by Rev. Father Smyth of St' Franels Xoviers church. “Mr. Tinley and wife will livo In the Riskman house, South Soventh street, until thelr residence is comploted Virginia Neal, n waitress at the hotel, 1 the arrest y noon ot Fred Juhl, n Iy gnult and batiery ‘charge. Juhl' was ing one of the dining room Kirls when Miss Neal went o her assistance and told the Iiveryman he was no gentleman. Juhl, she #ald, told her to mind her own business and @ve her hard slup in the face. Justice dryant will hear the case Thursday story nanas, caused fit Lor. ynster sere pastor h, will leave t nd ‘the balance of opes of regaining h accompanied by Mrs infant of Mr. and Fifth avenue, died yes aged 8 months, The fu- this afternoon at & from the burlal will be in Walnut Mrs the | Actiom | of Mullaney, vears De Rock Reve after- . Y. Plumbing Co., telephone 260, Delong's stationery department is right Davis sells paint. Two Clubs in Council Bluffs, A meeting of base ball enthuslasts will bo beld tonight In Farmers' hall in the county court house to discuss the pros pects for forming a tri-city league this summer, comprising Council Bluffs, Omaha and South Omaha. The proposition is for each city to have two clubs In the league. Harry M. Brown, who managed the “Merchant Browns" of this city last sum mer, I8 nctively pushing the formation of the league and Is meeting with much en- couragement, He says he is confilent two clubs can be raised and maintained Couneil Bluffs Burning Up Money! That's what you you buy poor shoes ever wear a palr of HANNAN SHOES? They are nice fitting, well wearing and a shoe that will be easy on your feet. You get full value for your money when you buy shoes at a store that guarantees satisfaction, That place Is SARGENT™ Look for the Be FARM LOANS Negotiated n tern Neb Pt mes N. Casady, LEWIS CUTLER runeral irector (Succesnor to W. (. Estep) 88 PEARL STREET, hone do when DId you Nebr: \ L [ronda and daughter of rvices and | Majn | of the | Tsland, 111, | in |WILL BE TAKEN INTO COURT Vacating of Btreets and Roads of Manawa i Not Revoked. COUNTY BOARD DECLINES TO ACT Relles on Opinion of Tta Attorney— artial Settlement is Effected for Expense of Sm pox Canes. At (he adjourned meeting of the Counly Board of Supervisors yesterday afternoon Attorney Hess, representing protesting property owners'at Lake Manawa, asked | that the action at the last session vacating the streets and roads in Manawa be re- scinded. The board informally, but, relying on an opinion ren- =IX»‘X’PII by the county attorney in a former case, which was to the effect that the board | had wo right ta reconsider the vacation of roads, declined to take any action in the | matter. Attorney Hess notified the board tkat the case would be taken to the cour Dr. Tobey, who, under contract with the | county, had cared for mineteen smallpox | cases, presented his bill for $1,200. The board allowed him $800 and instructed the |auditor to notify the township trustees to try 1o collect the balance from the persons | treated. In the event of the trustees be- ing unable to collect the amount the county will have to pay It, under its contract with | Dr. Tobey, which provided that he be pald $200 for the first, $100 each for the next |two cases and $50 for every subsequent | case. John Overmyer's bill for carrying ;uuppn.-n to and attending smallpox patients, amounting to $58, was ordered paid. The board expects to be in session the | greater part of the week. HAS RIGHTS, annot ¢ nehise, | City Sollettor Wadsworth filed with the city clerk yesterday morning his opinion in the matter of the right of the motor |company to use and occupy Seuth Main street for street car purposes. This opinion was asked for the city council, as some of | the aldermen were desirous of testing the | company's rights by instituting quo war- | ranto - proceedings in ghe district court | The opinion is an exhaustive review of the | matter, covering fifteen pages of type- | written matter, and s to the effect that | wkile the motor company may have vio- lated the provisions of its charter the city has at various times, by official action, recognized the company's right to oceupy and use the various streets of the city for street rallway purposes and, therefore, is | estopped from setting up and maintaining a forfeiture of the franchise under which the motor company now occuples South | Main street. In order to have an intelligent under- standing of the matter the city solicitor. gives a eynopsis of the different franchises granted by the city to varlous street car | companies to occupy Main street. It 1s as follows: The first franchise given to a street ral'- way company te occupy and use South aln street was the one granted to the ‘ouncil Blufs Street Raflway company on Augubt 11, IS, This franchise ran for twenty-five vears and consequently termj- nated on August 11, 1853 This franchise granted the right to occupy and use Main street fro arl street to the Council Bluffs & St. Joe rafirc The next franchise d depot was granted to the Omaha & Councll Bluffts Railway and company on October 29, 1896, for a d of twenty-five years from said date. nehise, however, does not give any occupy and use South Main streef. next franchise was the one given the Omaha & Councll Bluffs Rallway and lge company, approved September %, This franchise gave the right to oc- cupy and use South Main street, but in the quo warranto proceedings instituted in the suit_of Bump against Omaha & Council Bluffs Railway and Bridge companv the district court decided that this franchise was void and on appeal of the case to the supreme court the supreme court affirmed the action of the lower court The next franchise was the to the Council Blufts, Lake Manawa & East Omaha Construction company. This franchise was submitted to a vote of the arried at the election and finally v the city council December 6, 190 and approved ember 7, 1897, The o ance was accepted Decomber 17, 1807, aceptance being signed by the Coun- Bluffs, Lake Manawa & East Omaha fon “company by Emmet Tinley. v The selecilon of streets as ¥ rms of the ordinanco was filed February 23, 158, sald acceptance bheing signe the Council Bluffs, Lake Manawa iZast Omaha Construction company Dby Emmet Tinley. The last named ordinance gave the sald company the right to construct, operate and main- tain a street rallway on Main street from Sixteenth avenue to Washington avenue and included the portion of Maln strset in Question Notice of the assignment of the franchise of the Council Blufts, Lake Manawa & East Omaha Construction company to the Omaha, Council Bluffs & Siburban Rail- way company was filed in the office of the elty « provided by the terms of the ordinance, February 5 1900. Sald s signment wus signed Counctl Blufts, Lake Manawa & East Omaha Construction company by Emmet Tinley, its secretary and member of company named 1t will be seen by the above statement of facts, first, that the old Council Bluffa Street Rallway company franchise expired in 1803, and consequently, although iranchise was owned by the Omaha & Council Bluffs Railway and Bridge com- pany, that in consequence of the expiration of ihe franchise no rights would remain under sald franchise at the present cend, that the Councli Bluffs one glven pisse time. franchise to the Omahu & Railway and Bridge com- pany, approved August 29, 159, did not glve any rights to sald company on South Main street. Third, th franchise given to the Omaha Council Bluffs Rallway and Bridge npany, approved September 3, n declared null and void by the the state of Towa and 0 rights remain under said franchise use and occupy South Main treet ourth, that the franchise granted to the Council Blufts, Lake Manawa & East Omaha Construction company, approved December 7, 1897, gave the right to con- struct, operite and maintain a street rail way on sald portion of Main street and that the rights granted to the sald Council Blufts, ake Manawa & Kast Omaha Con- structioil company have been transferred In the manner above set forth to the Omah Council Bluffs & Suburban Rallway com pany, and that any right and the only right to occupy and use sald portion of | Main street for street rallway purpoges must come from the franchise granted to | the Councll Bluffs, Lake Manawa & Bast Omaha Construction company on December 6, 1897, and the questi of such right must epend on the legality of sald franchise That the city recognized the Suburban' franchise the solicitor shows to be the c inasmuch as it complied with the request of the company made In February, 1890, to fix and determino the cost of the paving on Main street and the other streets embraced in its charter. He then calls attention to | the fact that in July, 1890, “after a large amount of work had been done in the way of the construction of the street car line of the Omaha, Council Bluffs & Svburban | Railway ny, sald compauy under a | claim of right to select additional street | fled its selection of additional streets with | the city council, and on said last mentioned | date the council approved sald selactlon, | which approval was accepted by said com- | pany.” This action on the part of the coun- cil again demonstrated that it recognized the existence of the company's franchise. While the Suburban company had not comnlied with the provisions of its fran- chise by building a line to the Missourt viver and baving it in operation by August 1, 1890, it bad subsequent to that date ex- con | by the motor company for the South Main discussed the matter | ! distribute the $4,999.40, which h sald | | position of government commissioner from pended large sums of money in the con- struction of its lines on various streets in the city, all of which was known to the city, and as no objections had been made at any time the law would presume that the city mequiesced in such expenditures and In the use and occupancy of the streets. In conclusion the city attorney says The principle s well established that a failure to build a rallway line within the time limit cannot be taken advant and cannot work a forfelture of the under the franchise after the road Is sequently constructed. N0 FURTHER TALK OF SUIT. City Council Satisfied with Solicitor's Opinton, There was no further talk at the city council meeting last night of instituting quo warranto proceedings against the motor company. The matter was not even mentioned in face of the opinion submitted by City Solicitor Wadsworth and the coun- cll unanimously decided that the city tr urer ahould at once take the necessary steps to distribute among the property owners entitled to it the money deposited street paving. The city engineer was in- structed to furnish City Treasurer True with the requisite schedules, showing the property and the owners entitled to the refund in order that he may be able to proven such a bone of contention in the city coun- cil for many months. The city sollcitor's opinfon, fn which he held that the city bad walved any rights to question the Suburban company's franchise on Main street, was read and ordered made part of the minutes. This means that Clty Clerk Phillips will ‘have fifteen pages of closely typewritten matter to enter on his | records. On motion of Alderman Clark, weconded by Alderman Boyer, the council threw a bouquet at the city solicitor in the shape of a vote of thanks for his able and exhaustive opinfon in the matter of the motor company’s rights oX Main street. Hidden, City Engineer Etnyre submlitted what he termed a report embodying the replies re- celved from the city engineers of several large cities regarding the aspbalt paving. The so-called report consisted in the main of an extract of an opinion concerning such paving in Paris, France, by an English en- glneer. Everything adverse to asphalt was brought out, while anything favorable to it was omitted. A comparison was made by the city engineer between the cost of as- phalt paving and the cost of brick paving | according to the bids on the latter last year. He estimated that to pave the strects | in the Fourth ward with asphalt would cost $20,000 more than with brick. The resort concluded as follows: ‘‘Can we afford to send $70,000 out of the city for m experiment paving, and besides 32,500 per annum to keen the experiment on onr hands? Let us profit by the experience ot others Alderman McDonald moved a vote of thanks for the city engineer's “‘gratuitous” services, and at the same time suggested that he thought it only proper that the re- plies received by him should be at the dis- posal of the members of the council, so that they might draw their own conclusions from them. Now Vite Brick. Following the reading of the city en- gineer's report a resolution was Introduced providing for the paving with vitrified brick of the following streef Sixth street, from Broadway to Fifth avenue. Seventh street, from Broadway to Fifth avenue. Eighth street, from Broadway to Eighth avenue, First avenue, from Pearl to Eighth street Willow avenue, from Seventh to Eighth street. Ifth avenue, from Main street to west ourb of Elghth’street. Tenth avenue, from east line of Fourth strect to Park entrance. Third avenue, from south line of Eeventh avenue to Story street, Worth streat, from Fourth Third street Park avenue, Fafrmount J; alrview avenue, end of avenue. urth avenue, Ninth street Ninth street, from Broadway curb line of Eighth avenue. hird avenue, from Kighth inth street. Vine street, from First street to Bryunt street, | The final consideration of the resolution | was set for March 18, Numerous amendments to the ordinance | governing electrical construction and regu- lation were introduced and at the sug- | gestion of the city solicitor 1t was decided | to redraft the measure embodying the amendments, The city clerk was Instructed to adver- tise for bids for grading Avenue H and Tenth stre The fin ssment resolution for Graham avenue sewer adopted, Wants Taxes Remitted. Antonio Fiori, who a few days ago filed a vacation of his addition known as ‘“the Cedars,” asked to have the city taxes on | it remitted and the application was re- ferred to the judiclary committee. The paving jessment on a lot be- longing to John A. Robinson on Washing- ton avenue was reduced from §264 to $157 on condition that Robinson sigued a walver. The opening of bids for the city scav- enging was postponed until the next meet- ing at the request of Alderman Boyer, who suggested that the geueral garbage ordinance needed amending On motion of Alderman Boyer the coun- cil endorsed General E. F. Test for the sireet to from High School avenue to from Third street from Eighth to street to to north street to the Towa to the St. Louls exposition. | Hospital Wins Sult, The jury in the suit of Thomas Thomp- | #0n agalnst the Woman's Christian assocli- | ation was charged by Judge Thornell yes- terday and brought in a verdict last night | for the defendant. | Thompson sued for $1,600, alleging that his wife while a patient at the association's hospital, had ' been permanently injured through the negligence of a nurse, who permitted Mrs. Thompscp's feet (o be burned by hot water bagi Mrs. Margaret Renule Barritt commenced | sult in the district court yesterday for di- | vorce from Isnac Newton Barritt, to whom | she was married In Crescent City August 20, 1870. She alle her husband deserted her without ca in February, 1898, | The trial of the sult of 8. Goldstein Again Morgan, sheriff, wns commenced in Jud, Thornel! court yosterday. The sult results from the attachment of the E. | E. Adams shoe stock some two years ago | by the sheriff to secure a claim cf Lars | Jensen for 3500. Goldstein had purchased the stock and was removing it to Omaba | when attached by the sherifft at (he river | He put up a delivery bond of | Boone is Discharged. John G. Boone, an agent for W. D. Alli- | son & Co. of Indianapolis, charged with forg- ery in connection with a contract for the | wale of a medical chair, signed by Dr. H. B. Carter of this city, had & hearing before Aylesworth In the superior court rday afternoon. The evidence falled to disclose any intent on the part of Boone | to defraud, and the court dismissed the case. Dr. Roe had made & complaint against Boone In a similar transaction, but falled to fle an information in time for a war- raut to be lesued betors Boone had left the city again. Gravel roofing. A. H. Reed, 541 Broad'y. | nated | opponents betore |one farm IOWA. MUST REPORT EXPENDITURES Iowa Officials Appalied at the Work the Legislature Has Imposed on Them. NEW ATTACK ON TAX FERRET LAW Marder fal At Knoxville—insane Hospit Abandoned=Demnand of Des Moines Machinists—Raile rond Improvement. DES MOINES, Feb. 18.—(Speclal.)--If the provisions of the law passed by the last legislature with regard to publication of A statement of the accounts of state officers 1s carried out the state of lowa will print the most comprehensive report on state accounts ever put before the public. The law provides that all the state oficers shall prepare an itemized statement of the re celpts and disbursements and give all par- ticulars and swear to the correctness of the same and present it to the executive council for publication in & book for the edification of the public. At the time the legislature met last the executive council called for such a report to present to the legislature, but the state officers refused and declared they could not make it The law was passed and today the state officials and heads of stato institutions other than those under the Board of Con- trol received blanks to be filled out. An inspection of the blanks shows that the clerical work imposed will be a matter of considerable importance and in fact some of the state officials can make no report to conform to the law. The report from the State collego at Ames, for instance, it made in accordance with the regulations, would form a large book and it would be the work of many weeks to prepare. The executlve council anticipates trouble in enforcing the law. Machiniats Make Demunds, The local unlon of the machinists has tssued a call for a meeting of all the ma- chinists in the city, whether in the union or not, for next Wednesday evening to con- sider the question of hours of time. They expect to make a formal demand on the employers for a nine-hour day instead of a ten-hour day. They belleve the employers will accede to the demand without a strike and that they will be able to settle all their grievances amicably, but it is prac- tically the first time any attempt of the kind has been made here. Insane in ¥ Warren county is the first of the countles of Towa to surrender the insane kept in the county poor house to the state for de tention in the state hospital rather than to comply with the new regulations made with regard to management of county and local fuvane hospitals. The county had only three insane at the county farm and 1t will be cheaper to send them to the state hospital than to make the necessary pro- vision for properly caring for the patients. It is expected several other counties will do the same rather than undertake to put the county hospitals in order for keeping insane persons To Test Ferret Law. Sult has been begun by the heirs of ex- Chiet Justice Day, in this county to test the tax ferret law under which the estate bas been assessed,ou about $13,000 worth of property which had not heen assessed previous to the death of Judge Day. The heirs resisted assesément in the courts and were beaten, but have now attacked the law on Its constitutional features. The rhouse, law confers on county treasurers the power | to judge whether or not the property dis- closed by the tax ferrets was in actual existence at the time it was alleged to have escaped taxation and whether it fs rightfully assessed against the persons, and in fact makes of the county treasurers judicial officers to a great extent. county treasurers have protested against this and declare that the law {mposes du- ties on them which properly belong to the courts, and It is on this ground the law is now attacked. On Trial for Murder, The trial of Alfred*Ahn for the murder of Dr. Hamilton is in progress in Marlon county at Knoxville. Hamilton was killed near Marysville in November. Alfred Ahn was suspscted of the crime because he had made threats against the doctor, accusing bim of alienating the affections of Ahn's wife. The doctor had attended Mrs, Abn when ill and soon thereafter she left her home and went to live with her parents Abn belleved her conduct was due to Dr. Hamilton and he became very angry and threatening. Ahn denies the shooting and there 18 no direct testimony that he com- mitted the act. Hamilton was a young doc- tor and his father was for many vears a | prominent Methodisi minister and after- wards professor,in Simpson college at In- dianola For Railvond Improvement, The Towa Central Railroad company con- tinues to make preparations for the most extensive improvements of any of the lesser rallroads of the state. Contracts have just been let for 1 M0 linecal feet of white oak piling and for $15,000 worth of new tools for the machine shops. This is an addition to large purchases of ties and other material ‘and a big order for cars and engines recently placed Feeble-Minded in No Dange The report of a case of smallpox at en- wood has caused apprehension among the relatives of persons at th tate Institution for the Feeble Minded. The State Board of Control is confident there is no danger. All the inmates have been vaccinated or sent away. The case was developed in a man employed in the bhoiler house, far re moved from the institution proper, and the case was isolated properly. It is not known that anybody was exposed to the infection Fleat City Ticket, The first of the city tickets to be i lowa cities is at Marshalltown, where the republicans have held a pri mary election and nominated a full city ticket, to be veted on at the spring election R. E. Sears was nominated for mayor, his the primary belng E. 8 Millard and E. G. Wallace, the majority of Sears being 120. The opposing candidates for mayor who have announced themselves s Independent and will run regardless of parties are H. L. Getz, a well known doc tor and present postmaster; L. B. Jonvs and Charles F. Breckel. The contests will be, In fact, between Sears and Getz Notable Wedding. The golden wedding anniversary of M. and Mrs. Thomas Saylor, who live near Des Molnes, was celebrated by them Saturda Not only have they lived together fifiy years, but they have lived all the timo un and were married but a short distance from the place where the celobra- tlon was. Mr. Saylor settled In this county 1n 1844 and in 1560 went (o Plke's Peak to prospect, but returned and served as a soldler in the war. One daughter, Mrs Lizzie Glaisyer, lives in Omaha. Five per- sans attended the wedding anniversary who were at the wedding fifty years ago. nomi- Golden lowa City Hotel Quarantined. I0WA CITY, la., Feb. 18.—(Special.)—St James hotel is quarantined for smallpox The victim Is a traveling man. When the guests were told that the house would be under quarantine i & few minutes there | The | BRUARY were some sensational runs for the doors Some of the guests escaped by climbing {over a block of roofs and finally getting | to the ground by risking their limbs. Some | of them tried to bribe the officers placed at the doors as guards. Tho sick man has been removed |SAW, CROWBAR AND WHISKY Sherifr & tsoners nt Manilia, In, werfully Equipped=Recs MANILLA, Ia., Feb. 18.—<The sheriff today found secreted in the cell of Davey Jack- son and John Stovall, A saw, a crowbar and a bottle of whisky. These men are held for the robbery of the United States Ex press company last week The complete records of the preliminary hearings of the prisoners have been stolen trom the justice’s office. The determined offorts to save the men Indicates that an organization of crooks is mixed up in the theft of the sate and the $12,000 from the express company. to Touts. Ia., Feb. 18.—Sergeant Nolte of the St. Louls police force, left this afternoon with Frank H. Peyton, the man who confessed to killing Jobn E Robson here and then proved an alibl. The prisoner was put in irops and was al most in a state of collapse, or else sham- ming. He is wanted for numerous robber- fes in St. Louls Takes Pey SIOUX CITY, Ten Cn at Bloomfield, | _BURLINGTON, TIa., Feb. 18.—(Special.) There are ten cases of smallpox at Bloom- fleld. “GREAT PUFF" MIXTURE Labels can be exchanged for a “Student” genuine Sweet Briar I'ipe. DEATH RECORD. Three Deaths at Grand Il N GRAND ISLAND, Neb., Feb. 18.—(Spe | elal.)—Richard L. Harrison, deputy sheriff | of Hall county, and brother of ex-Supremo | Judge Harrison, died yesterday of pneu- | monia. He last week made a trip of twelve miles in the country. Having just recov- ered from grip he suffered a relapse, re- | sulting in death. Harrison was born in Zenia, 0., and served in the civil war nearly two years. He leaves a wife and several grown sons and daughters. Claus Thiessen, janitor of the ecourt house, dled of pneumonia after a short ill- ness. He was 70 years old and leaves eight children Island eince 1871 He was a native of | Schleswig-Holstein, Germany, and served in the Mexican war. James Kerr, aged 73 years, died at his home in this city last night, leaving a wife, | two sons and three daughters. He came to this city from Hamilton county in 1890, | | Past Chief of Honor. SIDNEY, Neb., Feb. 18.—(8pecial gram.)—Mrs. Margaret Bordwell, wife of County Surveyor Levi H. Bordwell, died | here last night of pneumonia and Bright's diseass. She leaves a husband and two sons. One of her sons, Frank, was a mem- ber of the First Nebraska, and did valiant service in the Philippines and was glven by the citizens a handsome gold watch and hain. The funeral of Mrs. Bordwell will be in charge of the Degree of Honor, of which ehe was a past chief of honor. The body will be taken to Hannibal, Mo, Tele- Missour KANSAS CITY, Feb. 0. B sunn, a well known civil engineer, died at his apartments here today of stomach trouble. He built the central branch of the Union Pacific rallway, now the Min- souri Pacific, and was madé superintendent of that road. As chief engineer of tio Missour, Kansas & Texas, he built 00 miles | of that road, and also constructed portions of the Santa Fe and ihe St. Louls & San Francisco railways. He leaves a wife and three ckildren. 01 ermit of Harlan, HARLAN, Ia. Feb. 18.—(Spectal)— Charles Kidd, a Shelby county ploneer set- tler, died at Kidd's Grove Saturda aged | 86, Mr. Kidd settled in the grove in 1555 and lived there many years as a hormit It s thought that his mode of life caused by the loss of his wife and through an eclcdent a year after his mar- riage. was Onceola Loscs Old Sol OSCEOLA, Neb., Feb. 18.—(Special.) Captain Edward Burrill, who came to Polk county in the '70s, 18 dead. The funeral was at Shelby today, conducted by the Masons and Grand Army of the Republic. Captain Burrill during the civil war commanded companies in the Fifteenth Illinofs and the Becond lowa Infantry. Dr. L. Watson. NEBRASKA CITY, Neb,, Feb. (Spe- clal Telegram.)—Dr. L. Watson, an old practicing physiclan of this eity, died today after a long iliness of paralysis. He was 75 vears old. He leaves a wife and son, Dr. Claude Watson, a well known physictan of this city. 18 lark in Dead. HASTINGS, Neb., Feb. 18.—(Special Tele- gram )—Mrs. Thomas Clark died at § o'clock tonight of tuberculosts. The de- ceased leaves a husband, one daughter and two sons. Mrs. Thoma Baby's Mother Dies. ELM CREEK, Neb., Feb. 15.—(Special.) Mre. John Johuson died this week of pneu- monia. She leaves a baby ard her hus band. Martin Dufly, Pioneer. CLINTON, TIa., Feh. 18.—(Special Tele- gram.)—Martin Duffy, one of the ploneers died today, aged 100 years | A Book for Girls and Women sent upon request, to one dress expectant mothers, they will do them blo Vitallzer nervous or dl cratl F 2 Lhiopa all losses by duy'or nghL. Tewa: permatorrhn orjgan tie oniy known remedy to iven and inoney retursed if 6 ‘vmu.wé ¥ 4 for yiuk e efreular wnd testimon| y mall, FUR SALE DY MYERS-DILLON He had been a resident of Grand | child | “MOTHERHOOD” | SENT FREE T tells plain factsthat everyone ought to know. Its common sense advic pain, trouble and anxiety, One or more copie having this book sent to them, Address t THE BRADFIELD BREGULATOR €0, At! ARARRARAARARARAARRARARARARAAARN MANHOOD REST the prencription of a fumous French 11 tho horrors of mpotency, y orgaus of all lmpurites, CUPIDENE sirengthens . 1101 by Doctorsfs heeause 00 per cent are troubled with Prostaiitle, 3o 5" Khowi eyt et wiUhOUL an - Gporaton B0 tosimtoulals, e docs ok efect & permanient cure, 4100 & box,0 for §4.00, lms FATE IN JURY'S HANDS ’Tn‘\l of Frank Hamilton, Alleged Murdere: ? Reaches Final Stage, | ATTORNEYS MAKE Clnims Deed Was MINNEAPOLIS, Feb, 18, the trial of Frank H. Hamilton The last day.o on room to be filled The defense announcec to offer in sur Fred H caused utmost that it rebuttal the court capacity bad no testimony and County Attorney the of jury. After impressing on importance and responsibility Jury its post that Hamilton killed Day as it was Day was dead. The state had shown the motive for the cnime and the confession o the accused of his guflt, and yet with the |atlest counsel in the state he now came | into court and asked for acquittal, when in | featousy he had stabbed Day to death was monstrous, but no more monstrous than that this jury should be asked to stab so clety on Hamilton's account Mr. Penney of the defense had g of bis way to traduce the character victim and to hold the defendant | gentieman of education |15 a place for justice, | The man who killed | necessarily one of the eleven | billiard room of the West hotel on |fatal morning. Day did not kill himselt sorge was the man who | Day and Hamilton and was cut in the hand | The Evans-Force altercation attracted at not for sympathy Leonard Day dim, ghastly light not everything was seen But Force could not help the murderer | Neither was he near Day. Gary ilton was the aggressor {n the second scuffle The evidence introduced by th show that Evans had sent cut trousers 1o bearing on the case. the tra evidence showed Bennett that neither could have Ferris was at rated the combatants | counter. out on the floor. Canfleld say see the second fight and did not kill him Hamitt Reul, the ¢ | man named Le fight Hamilton? He was the only | any trouble or fight with his desk when George sepa- in their fatal en | the Logieal Man, and left another before Tk ter, the second Day that night, | better nature asserted itself there gloomy and despairing. Before his employer and attorney had come and ad- | vised him to bold his tongue, he confessed | his crime. No one could impeach the evi- dence of Officer Thomas Rooney in that ro- spect. It was uncontradictable, because it was true Mr. Boardman adverted to the fact that Hamilton himself did not deny the crime. He did not deny the confession to Rooney. | He had come back to the dead body so- | bered by what happened, not to offer a | silent | side the body the bloody knife with which he had dono the deed. When Hamilton went out and returned with open knife clutched in his overcont pocket, he in- | tended murder—deliberate, premeditated | murder. | " After elucidating the question of “reas- | onable doubt,” Mr. Boardman took up the o motive. It was jealousy. The might judge of this by the action of | Caroline Slagle on the stand refusing to | testify for fear of incriminating herself In conclusion Mr. Boardman, dangling the | clothes stiff with the life-blood of Day be- | fore the jury, said ‘Gentlemen, when you | 2o into the jury box leave out all the non | sense. Go down deep to the eternal rock of reason and all the gates of hell cannot | prevail against you." and he sat question | ury For t endant, At 2 p. m. Frank M. Nye began his ad- dress in behalf of the defendant, which lasted until 4:30, ‘It fs not Incumbent on the detense prove how Leonard Day died,” he said ‘Has the state proved its case? the question. With the exception of the ready-made confession of the police ofcer, no testimony has been adduced that would not have been relevant in an action against any of the others. A confession would have been the same with the name changed, no matter who was on trial. was a drunken brawl gravitate around a row. Theso witnesses for the state are ashamed, but they were all mixed up in the aftair, either as peace makers Or something else. I make no charges, but in & tussle you can't account for the position of hands and arms. If Day held that knife in his hand. a strong man trying to wrench it from him might unintentionally have plunged it into his body. Where did this bloody knife come | from? There 1s not a scintilla of evidenco to trace the ownership to Hamilton. Wr have brought forth evidence to show that it belonged to Day. There was no motive of jealousy—that’ is ridiculous. Hamilton had on motive for injuring Day, but Day did have one for infuring Hamlilton." At midnight the jury was still out Judge Brooks left for his home. Tha Drunken men will until court o'clock. meets tomorrow morning at 9 vy e of the gentler sex saves rson or to different ad- 1f tiie readers of this announcement know of Spread the Glad na great favor by Tidings. he publishers, ta, Ga. “CUPIDENK This great Vegel ¥ clire 7ou of ul ive organs, suc ¥ S DENE cleanses the A wiltten "Alirems DA VOL MEDICINE 0., F. 0. Box 2716, Ban Prancisco, Cal. “RUG CO. 10TH AND FARNAM. ‘A TRAINING IN CLEANLINESS IS A FORTUNE.’” COMPLETE YOUR EDUCATION WITH SAPOLIO THEIR ARGUMENTS | Done the | charge of having murdered Leonard R. Day 0 its | Boardman at once began his address to the | the tion, he declared that it was just as certain | that | This out ot the up as a But the court room | was men in that that | came between tention and 1t was not strange that in that Hamil- ton's friend, reluctantly admitted that Ham- | defense to | be fixed after the affair was merely intended | - to confuse and divert the jury. It had no 5000 vV be paldif this testimo- and Barbe, | cling men, were drunk, and all the had anything to do with the killing of Day. | O'Malley was busy putting Evans | When he got back, Day was dying | he did not even | He was not near Day traveling | Who else could have killed Day but | man who had | Once the deed was committed, Hamilton's prayer with Bennett, but to lay be- | to! That 1s | The whole matter | dict, If reached tonight, will not be known | LettersProving Positively that there Is No Maedicine for Wornan's Ills Equal to Lydia E. Pinkham’'s Vegetable Compound. PROFUSE PERIODS, I commenced king Lydia E. Pinkham's Vegeta- bleCompoundabout three months ago, and cannot express the wonderful good it has done me Menstruationswere 80 profuse to leave me very weak 100 for some time after Was also troubled with lencorrhawn, ired feeling, bearinz-down sensation, ain across the back and thighs. 1 elt as though there was a heavy weight in my stomach all the time. [ have taken two bottles of the medicine, and now have better health than I have had for four years " Mas. Lizzie Dicksox Honee, Avalon, Ohio. el 1 o | t| n CHANGE OF LIFE. T was taken si 1| five years ago witl SThé Grippe,’ and | had a relapse and was given up by the doctor and my friends, Change of Life began to work on me. I flowed very badly until a yenr ago, then m) stomach and lungs got. 50 bad, T sufiered terribly: the slood went up in mylungs and stomact and I vomited it up. 1 could not ea scarcely anything. | cannot tell what 1 suffered withany h v husband | ( bottle of Lydia E. 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