Omaha Daily Bee Newspaper, October 21, 1901, Page 4

—— NEWS O THE OMAHA DAILY. BEE: MONDAY, OCTOBER 21, 1901, F — INTEREST FROM IOWA, COUNCIL BLUFFS. MINOR MENTION, Davis sells drugs. Btockert sells carpets and rugs. Metz beer ut Neumayer's hotel. Gas fixtures and globes. Bixby & Son. Wollman, gcientific opticlan, 409 Broadway. George Keeline, sr., is serfously iil at his home on East Plerce street. ) Missourt ouk body wood, $.50 cord. Wm. Welch, 23 N. Main st. Tel. 13 I ! f For Rent—Modern 7-room residence; 6X) Eighth street, corner Sixth avenue. C. F. Rohrer left yesterday for a visit at his old home in Chillicothe, Mo. Mrs. A, B. Clark has been calied Deihl, fu, by the liiness of friend. = Wedding pre: ts glven eclal attentivn. eV Bner e €5 Broadway. Mr. and Mrs. W. L. Fleming and daughter Luectle e home from an eastern visit. Charles k. Schilling. in advance ot the “Two Married Men'' company, was in the ity yesterday. L T The monthly session of the Boal of 14 T fosrned from 1ast Tuesdny, slated for this evening. Mrs., Arthur Cowles wisiting her sisters, Mrs. Mre. Keich, of this city Chester Egbert and Budge Mottaz were arrested last ovening for engaging in a Tight in 4 Broadway saloon. James H_ Lowery, member of the local newspaper fraternity, has gone to Winside, Neb., on a visit to relatives and to hunt. Twin Brothers encampi it No. 42, Inde- pendent Order of Odd Fellows, will meet fonight for work in the royal pu pllnldelb e The reorganised Monday Musical club w. hold its first meeting for the season this afternoon at the residence of Mrs. Macrae on Fifth avenue. 2 8 Charles Hasty, the author of “Two Merry Tramps, I8 one of the prineipal comediany of that orgenization, appearing as “ Enick, the country boy. Chambers' dancing academy, Royal Ar- canum hall. Tueadays and Fridays, aduite, 7:0 p. m.; children, 4 p. m. Assemblles for adults Fridays, 8:30 p. m. Dr. V. L. Treynor, county coroner, 8 home from a ten days' hunting trip in western Nebraska and reports excellent sport and game plentiful . E. Belknap, who accompanled Sherift Cousing with Jores and Stephenson to Fort Madison penitentiary, will visit relatives at Burlington before returning home. County Auditor Innes has sent the proofs to the printers and expects to have the rample ballots for the November election ready for distribution this week. Mise Lellu Sweeney of this cit liam Glibert of Sloux City wilil married Tuesday afternoon at the residence of Mr. and Mrs. A, W. Huber on Kast Plerce Ktreet. Mrs. W. H. Haughey of Indianapolis 's {siting her parents, General and Mrs. E. F "est, on Fifth avenue. She fs on her way to Towands, N. Y. where she and Mr. Haughey will make their home, Charles Wolff, charged with the theft of o showcuse, the property of M. I Scovell s been released from the city fail on his own recognisance. He has promised to Teturn the case and it is probable that the case will be dropped Word has been recelved from Mrs. Wad- dell ut Los Angeles, Cal., that her husband, Rev. Myron (. Waddeli, former pastor of the Broadway Methodist church, I8 agaln critieally 1l and his only hope of recovery 18 through another severe surgical opera- tion. Mrs, T. Fautz of lowa City is a guest of her sister, Mrs. F. W. Balluft, 1800 South Ninth street, and of her brothers, Peter, Jrank and George Smith. ~She Is’ accom- panted by her niece, Miss Anna Alcher, Who s visiting her brothers, Peter an Theodore, and sister Marde. Jennle Howells and Lea Currle, the two young women arrested Saturday'night on suspicion of belng implicated in the shoot- ing Into the Martin home, were released on | 3100 bonds yesterday morning. Both dany knowing anything about the shooting and | when arrested were on thelr way to a dance in Omaha, | Ernest 1. Hart, the banker, has purs chased ‘the property north of | Gencral Dodge's residence on Third street, with a| view to erecting a_handsome home ‘tor him- self. The plans under contemplation prom- ise one of the finest residences in the city. J.F. Wilcox has let the contract for a 310,000 residence on Fast Plerce street. The funeral of Frank Phillips will be this afternoon at 2 o'clock from the resi- dence of his mother, Mrs. A L. Phillip: 2303 Third avenue. Rev. E. W. Erickson. of the Fifth ~Avenue ' Methodist church, will conduct the services and burisl will be in Walnut Hill cemetery. Donald Phillips, & brother, arrived from Farming- ton, la., yesterday morning. The hearing of the application of Charles 7. Officer, administrator of the Thomas Officer ostate, for instructions as to his course In regard to the Colorado mining property belonging to the estate, will be taken up fn district court today, providing George F. Wright, who desires fo be pres- ent at the hearing, s In the city. 1€ not, the hearing will be‘indefinitely postponed. Mrs. ry Anne Curtaln, aged 86, died | yesterday afternoon at St. Bernard's hos- pital, where she had been a patient for the st ‘six weeks, death belng due (o the infirmities of old age. Immediate relatives surviving her are two nieces, Mrs, W, 3. cellne and Mrs. W. A. Maurer of this elty. The funeral will be Tuesday morning at 9 o'clock from 8t Peter's Catholic church and burfal will be In the Catholic cemetery. Willlam Camphon, who elaims Shenan- doah as his home, was released from the o jall vesterddy morning, after con tributing $10.10 to the municipal treasury Camphon is wald to have sampled too many brands of Council Bluffs whisky Saturd: He went to a barber shop on Broadway to get shaved. At the police statlon he com- ained he had been robbed of $30 while faving nis beard removed, but Jatier Jumes discovered the money tucked away in his underclothes. Camphon was then locked up for being Intoxicated. to Molnes 18 Beach and of Des J. P and Wil- his property on N. Y. Plumbing Ov., telephone 350. eten: C. L. Ferrle {s under arrest at the city Jall on @ charge of obtaining money under false pretenses. He is an itinerant sign painter and recently was employed by B. M. Bargent. Bargent went security for ¥errie for paint and lumber and when paying him for his work Ferrle claimed he had pald for all the material. Later Sargent found he owed G. 8. Davis $2) tor | paint and a lumber firm $3 for lumber. Ferrle returned to Council Biufts Saturday atterncon and was taken into custody. Davia selie glass. hat Woodward’ Ganymade Chocolates end Opera Bon Bons Made By John 6, Woodward & Co. “The Candy Men." Council Biufts - - lowa. lTowa Steam Dye Works 304 Broadway. Make your oid cloths look like oew. Cleaning, Dyelng and Repal LEWIS CUTLER Funeral Director \BuCCHRSOF (0 W a9} 28 PEARL STREEY. 'Fhono FARM LOANS 6.2:% Negotiated In kastern Mulraska [ James r Casady, Jr, 16 Maln St., Counell Bluffs. ", FACES CAS MAIN PROBLEM Qownoil to Take Up Harrison Ntreet Di’- forences Tonight. SOME WILL INSIST ON PUSHING PAVING They Differ from That Factlon of Property Owners Who Favor De- ying Work Until Gas Mnins Are Down ew The question whether the paviog on Harrison street shall be delayed to enable the Citizens’ Gas and Electric company to lay its mains.on that thoroughfare I8 ex- pected to come up at the meeting of the city council tomight. Residents on that stroet ure expected to make a hard fight to have the city compel the gas company to lny mains there without further delay. Somo of the property owners, it s sald, are in favor of delaying the paving rather than go without the gas connections, while others will lnsist that Contractor Wickham be. required to lay the paving without fur- ther delay. The curbing has all been st and except for the trouble over the gas maios there in nothing now to hinder him commencing the work. The delay on the part of the gas com- pany is due to Its inability to secure gas plpe of suitable dimensions. The preseut gas mains on Harrison street, which are 1ald in the parking and extend only balf up the street, are two-inch pipe and to meet the needs of that section ot the city the company desires to lay four-inch pipe Those property owners who desire gas connectlons for their residences are atrald that If the paving is laid now before the gas malns are put in, it will be several years before the gas company will extend its malns on that street. TOO GAY FOR THE GRAVE MAN Woodbine Tombstone Denler Finds the Whirl of the Town Exe ceedingly Expensive. R. W. Greenizer, a dealer in tombstones in Woodbine, Ia., came to Council Blufts Saturday on business and Incidentally to have a good time. The time be had was somewhat rapid and as a result he is mourning the loss of $110. Roy Beldler, a backdriver, and two women, Bessie Cooper and Cora Hooten, were arrested yesterday afternoon and charged with larceny from the person. Judge Aylesworth fixed their ball at $500 each. Beldler, the hackdriver, is in the employ of W. Utterback and was hired by Greenizer Saturday evening. At 11 o'clock Saturday night Detective Welr, noticing that Green- izer had been imbibing too treely, told Beldler to drive him to his hotel. Instead of complylng with the officer's instruc- tions, Beldler is said to have driven Green- izer out to the Metcalte roadhouse. Green. zer charged Beldler with relieving him of is pocketbook, which contalned $140 in bills. The pocketbook, he sald, was found later on the floor in a room in which the two women were, but it then only con- tained one §20 and one $10 bill. The women deny kmowledge of Greenizer's money and the hackdriver also disclaims any responsibility for the missing $110. Mrs. Metcalfe, who signed the register as Mrs. Desmond, and W. A. Desmond were arrested later and charged with belng Im- plicated in the robbery. They both fur- nished bail in the sum of 3500, as did Cora Hooten, but the Cooper woman was un- able to and was transterred to the county Jall. Beidler was locked up at the city jail. Attend the Sons of Herman dance Wednes- day evening, October 23, at Hughes' hall. TEST DAMAGE SUIT BEGINS Gets Money for His s Others May Press on It Sutherland Inju The personal injury damage suit of Gideon R. Sutherland against the city Is set for trial today in the district court. The sult is similar to that of Mrs. Jessie Rozzelle, tried last week, in which the jury returned a verdict for the city. Suther- land sues for $1,000 for injuries alleged to have been recelved om the night of July 16, 1900, when he and a party wero upset In a carryall on Broadway near the Ii- linols Central's tracks. He claims he re- colved a permaaent injury to his right shoulder. The suits of Chauncey D. Wilson and Louisa Smith, arising out of the same ac- cident, are set for tomorrow. Wilson asks for $2,000, as does Mrs. Smith. Wilson claims he was Injured about the head and shoulders and that clothing valued at $100 was ruined. Mrs. Smith's {njurles, accord- ing to her petition, consisted of a broken nose and brulses on her legs by being caught under the overturned vehicle. | Although these are the only suits fled %0 far, other members of the party have presented claims to the city council ag- gregating close upon $30,000, Whether they will bring suft will depend, it fs sald, on the result of these cases. Gravel roofing. A. H. Read, 541 Broadway. FOR CUMMINS AND BYERS Brows Makes Arrange- s Preliminary to Their Coming Next Friday. Alderma Hon. A. B. Cummins, republican candl- date for governor, and Hon. H. W. Byers of Harlan will be the guests of Alderman E. C. Brown Friday nigh'. Alderman Brown will go to Harlan Friday and ac- company Messrs. Cummins and Byers to | this city on the special train. After the | meeting at the opera house, at which both Mr. Cummins and Mr. Byers, according to present arrangements, will speak, Alder- man Brown will entertain at supper at his ome for his dletinguished guests. Mr. umming and Mr. Byers will spend the night at the Brown residence and leave for Atlantic Saturday morning, where Mr. Com- mins is booked to speak in the afternoon. Davis sells |;llll. Ingersoll Sues for Injunctl Frederick L. Ingersoll has brought suit in the district court to ehjoln the {ssu- ance by the sheriff of deeds on sherifi’s salea of property to the First Natlonal bank of Boone, la. Ingersoll alleges that the sales were irregular and vold because they were adjourned without proper notice being given him. He alleges also that 100 acres were sold for $146.40, when the vaiue FOR UPHA' ST RING ittt MOAGAN & KLEIN'S, i 0ilk of the property was $7,000. N absces O'Brien is recovering from a severe caused by the bullet wound re- ceived about eight years ago in an en- counter with the robbers of the First Na- tiopal bank of Griswold, who were ar- rested at the Kiel hotel in this city and made a break for liberty while being taken to the county jall. O'Brien, who was at that time serving as a deputy under Sheriff Hazen, lay at death’'s door for several weeks, but recovered and the wound had given little or no trouble until recently. Blafts Fights for Heada A committee of business men to go to Sloux City Monday to lobby for the re- moval of the headquarters of the Modern Brotherhood of America from Tipton to Council Bluffs met in the Elks' clubhouse and discused ways and means. It was declded that Dr. J. C. Waterman, who is a delegate to the convention Tuesday from the Ninth congressional distric should go to Sfoux City in advance of the committee. The committec has had a cards printed which it will distribute among the delegates to the convention, bearing this legend: “We are for Coun- ol Blufte, lowa, known as the fraternal eity. It has unsurpased ralroad and postal facilities, a half dozen sultable bulldings for the Modern Brotherhood cf America home and the means and dispo- sition to ‘Push Us Along' " The committee {8 prepared to do hard work, as other cities are after the head- quarters, among them being Des Moines, Cedar Rapids, Mason City, Sfoux City, Davenport, Webater City, Marshalltown and Plpestone, Minn. Among those who will go to Sfoux City are Ernest E. Hart, V. E. Bender, C. W. McDonald, E. H, Louges, . W. Hart, E. Tinley, H. W. Binder, E. H. Walters, W. A. Maurer, R. H. Bloomer, J. P. Green- shields, H. A. Quinn, Willlam Moore. Now Hansen Ace! Do William Hansen, who was charged with infilcting severe injurles on Willam Dohse with & neckyoke during a dispute over the trespass of Dohe's horses, has retallated by causing tho arrest of Dohse on a charge of assault with intent to Kill. According to Hansen's version Dohse be- gan the trouble and slashed him with a | knife, laying his arm open from ihe sholder to the elbow. Hansen sald he was acting in self-defense when he lald out| Dohse with the neckyoke, which he seized as the nearest avallable weapon. Hansen showed Justice Ferrier the wound on his arm and it was a bad looking gash. A warrant for Dohse's arest was issued and | Justice Ferrler will hear both charges Fri- | day. ers. number of ys Boys Fire Shot Mrs. Martin of South Twenty-first street, one of the state’s witnesses at the trial of Robert Stephenson and Charles Jones, has complained to the police that some of the friends of the boys had fired several shots through the window of her house. Jennte Howells, one of the young women who were with Jones and Stephenson the night they robbed Davis, and a girl com- panfon named Lee Currle, were arrested on suspleto The case against the Howells girl, charg- ing her with assaulting Mrs. Martin at the courthouse, was dismissed in police court for want of prosecution, GOT WHAT HE DESERVED. An Episode of ti Bullet| and the Sequ A big crowd stood about the bulletin board on which the Iatest news from Buffalo was posted, relates the Chicago Tribune. A big, brawny man zpproached and, look- ing over the shoulders of those near to tha board, gave vent to a flood of spleen. “Served him right,” he declared. glad of it Out of the crowd suddenly stepped a slender little man, poorly dressed and with but one arm. What he lacked in size be made up in courage, for he struck out vigorously and knocked the big fellow over backward, whereupon other members of the crowd took a kick or two at the prostrate figure before they turned to congratulate the one-armed hero. “Thanks,” he sald modestly as the erowd pressed around him. “But that fsn't a marker to what I would have done to him it 1 had two arms." Then somebody noticed his empty sleeve and his ragged lothes and started around the hat, into which fell a shower of coins. Finally the sum of $20 was turned over to him and shortly after he went quietly about his business. Shortly before midnight the same day one | of the men who had been in the crowd met the one-armed hero in another part of the city. The one-armed hero was drunk, but his admirer stepped up and patted him on the back. “That's all right,” he sald to the man with the empty sleeve. “You gave that big brute exactly what he deserved. “That's what I told him,” answered the one-armed hero somewhat thickly, “but he's as sore as sin because I only gave him half. He says that after the crowd kicked him around that way he ought to have had at least two-thirds of all I got.” ATHLETICS AND BEAUTY, Exercise Is Better Than Physic as n Means of Improvem American women are beginning to realize that if they would preserve the charms | with which nature has endowed them they | must pay attention to physical exercise. But there is danger In excess of athleti- clsm. One journal goes so far as to declare | athleticism tends to overdevelop the muscle | and produces coarseness and that In thelr pursult of exercise women lose their beauty | and grace. The deteriorating influence of | athleticism are made responsible, too, ac- | cording to the same authority, for a new order of untldy, clumsy and badly dressed women. In the case of the girls of the | Nelss famfly of athletes this theory is at once and most emphatically dispelled. The oldest, Hermine, although barely 20, is | & splendidly bullt woman. Her pretty rounded and well-developed arms must be | stronger: than many a man's, but there is not the slightest suspicion of that ex: ated outline which 8o often distingulshes the athlete. She attributes her unbroken health to this constant round of exercise. | The suggestion that a strict course of dlet was necessary o keep them in good traln- | {ng amused these German girls not a little. They have to regulate their meals, how- ever, but like and eat whatever is good. A good hearty breakfast, luncheon be- | tween the afternoon and evening perform: ance and the principal meal in the even- ing after their work is the order of their day. With thelr meals these gymnasts, like others of thelr sex, take red wine and oc- onally champagne, but they would scorn the Idea that they needed any in- fluence to give them pluck and courage. They do not know the meaning of fear. | Glass Companies Smoke Up, | PITTSBURG, Oct. 20.—Fires have becn lighted in nearly all ‘the factories of the American Window Glass company and (he Independent Glass company, the two lead- ing window glass combinations, and the plants will be put in as full operation as | possible on November 1. All the factories | of the Federated Co-Operative Manufa turers’ association were started on Tuesdny and also the plants of several outside ccn- cerna, | that | there is true | nature. | and his digestive organs are said by the | addition FINALE OF WEARLAND CASE Bupreme Court to Dispose of O'd Euit Against Former Teoretary. TAX FERRET CASES ARE CLEARED UP Hardin Peciding Relleves by Amainst Attorneys Recel Judge County Kenyon Sttantion Percentage. (From a Staff Correspondent.) DES MOINES, Oct. 20.—(Special.)—The Interesting case of the State of lowa against Willlam M. McFarland, on appeal by the state, {8 to come before the judges of the supreme court this week, after dragging in the courts for several years. This is the case In which McFurland and his bondsmen wera sued for $5,000 on account of alleged | unnecessary expense incurred in the com- | pllation of statistics regarding the state census of 1895. The abstracts of the cen- sus returns were compiled by the county auditors, but the work was all gone over again In the secretary of state's office at an expense of $37,000 for clerk hire. The state commenced sult, after a legislative in- vestigation, to recover the face of McFar- land’s bond, on the theory that this exces slve expense was largely due to the desire of the secretary of state to secure a “rake- oft" from the pay of the clerks. He had & system of securing a part of the pay, re- quiring them to turn over to him all that they recelved above $50 a month. They would be employed at $50 a month and then be placed on the payroll at $3 a day. M- Farland, In his testimony in the case, ad- mitted having received money in this way from a great many of the clerks, both men and women, and his only excuse was that he needed the money to relmburss him for his expense in making a canvass for the nomi- natfon for governor and to pay campalign contributions. The lower court decided the arrangement he made with the clerks was of a private nature and he had a right to do so, but the state has appealed the case to the supreme court. It was never known how much the ex-secretary of state secured from hia clerks Balllet s Continuance, The case in the federal court in which Letson Balllet, owner of mining properties at Baker City, Ore,, is under Indictment for using the malls to defraud, has been continued until the November term of the United States district court {n Des Molne Strong efforts were made by the United States attorney to have the case tried at Keokuk before Judge McPherson at the present term, but Balllet's lawyers were unable to proceed at this time. Balliet is a resident of Des Moines and has ac- quired large mining properties in Oregon. The case on which he is Indicted is a pe- culiar one, from the fact that it involves the question to whether or not a gold mine s really valuable or of no use, and upon this question turns the merit of the indictment charging him with using the mails to defraud. He sent circulars through the mails describing the mine as a valuable one and upon the strength of these circu- lars stock was sold. Now some of the purchasers declare the mine valueless and have had Balllet Indicted. The first in- diciment on this question was thrown out because defective and another immediately brought by the grand jury. The witnesses all come from Oregon and the case will be an expensive one for the government and defendant. Tax Ferret Cases Cleared Up. The famous tax ferret cases are being cleared up in Hardin county, where the Board of Supervisors and other county offi- cers got Into a muddle by making an {lle- #al contract In regard to collecting unpaid taxes. Judge Kenyon has just rendered a decision in the case brought by citizens and taxpayers of the county to recover money illegally paid out. He decides that the contract to pay 15 per cent of all money pald in to a firm of lawyers for collecting the same was illegal. Tho law authorizes employment of attorneys to prosecute cases, but these attorneys were not ey- pected to bring suits. The court rendered a judgment in favor of the county for $6,- 586.77 against the lawyers, this being the amount they had already received under the contract. Judgment was also rendered for $4,301.18 against the tax ferrets, who worked on the same cases. Judgment is entered against the county auditor, mem- bers of the Board of Supervisors and others for the costs, The criminal case against County Auditor Welch is being tried. He was indicted for neglect of duty in falling to record the llegal contract entered into, by which the deal was hid from the -public until after the county had paid out a large amount ot money. Fish Killed Thousands of fish in the lowa river are being killed by the sewage from the glu- cose factory in Marshalltown, which flows into the river below the city. At the mills at LeGrand and Quarry, several miles be- low Marshalltown, the dead fish have piled up on the dams and have clogged the flumes s0 that workmen have had to remove the fish by wagonload in order to keep the mills running. The killed fish are mostly of .the better kind—pike, plckerel, suckers and carp. Some of the pike welgh elght to ten pounds each. There is great in- dignation along the river at this waste of fine fish. Some years ago the peoplo along the river procured an injunction restraiu- ing the factory from running the acids from the factory into the river with the sewage, and this injunction still stands, but there has been no complaint before for a long time. Diphtheria in lowa, by Sewage, Local chemists bave lately recelved sam- | ples of germs from various towns In the state for investigation as to whether or not they were from persons affected with diphtheria. Samples from. Reinbeck, in Grundy county, show that the epidemic diphtheria. A number of cases are reported there, and several cases are reported to the State Board of Health from other parts of the state. Sldney Packard, son of ex-Governor and Mry. 8. B. Packard of Strathmore, has been placed in a sanitarium in Des Moines to bo treated for neurasthenia of a serlous He has been i1l for several months physicians to be badly affected. They af tribute the trouble to nicotine poisoning, 0dd Feilows' Orphans’ Home, Work on the orphans’ home for the 0dd Fellows of lowa will be commenced at once at Mason City. The grand lodge a thorized the assessing of each member cents and this will raise $11,500 for immedlate use of the home committee, in to funds already on hand. The 0dd Fellows' plan to have & home to cost $30,000 and this will be added to from time to time. The contest for the location of the home covered a perlod of years, the chief contestants for the place being In- dianola and Jefferson, but the grand lodge finally decidea on Mason City. the Sternberg Visits Mra McKinley. CANTON, O, Oct. 20.—Surgeon General Sternberg of Washington left tonight for Columbus, ness, He was & guest at the McKinley hom today. It is given out that he stopped har merel. & an old friend of the to make n socinl call on Mra, McKiniey She i =ald to be “doing nicely " Ther was no change in her condition, that cal'e for the presence of Surgeon General Stern- berg SUPREME COURT SYLLABI. No, 10241, ( from Sherman. ported 1. Kviderce examined and found to s, port findings of fact by trial court One who contracts to cultivate of another tc a specific crop is entitled only to such poss land as Is necessary and conv use Intended. In ®uch ca the premises will not b worked an_eviction, or an rescision of the coritract, by entering upe them after the season is too fa for the planting of the specifie clearing it of weeds and planting anothe crop thereon. 4 When one commite a total breach his contract to ecultivate lands of an In a workmanlike manner to a p crop, the measure of dan:ages Is the Jury' to the lands, it iromallowiny them to lle fdle and ome foul wit wees ey Taylor Affirmed. Ames, C. Re land, sion of th nient for th the held to hav bandonment o 0 tulfilied. against the county when the levy is made 6. An order of a county board, allowing a claim ment ainat the county, fs not within the meaning of the ding for the levy ts agalnst the county. appeal liea from an ity board, disallowing a claim, m pursuance of the provisions of secti chapter Ixxvil, article |, Complled Statutes. 8. An order of a county board, A judg. &la of a claim an original action on such claim in the dis trietcourt. 10,206, Turney againgt Bloms:rom. Appea from Lancaster. = Afrmed. Holcomb, J Reported 1, Record examined and held that “Nebraska lLegal News' s a Meyer, 60 Neb., 68, followed. 2. That the principal dlstinguishing faat. ure of a newspaper, in contemplation of the ytatute, 18 that it be a publication, appenr- ing at regular or almost r at short periods of time, as usually In shect form, and containing new that fs, reports of recent occurrenc litical, soclai, moral, religlous and it @ varied character, 'both local and forelgn ¢ the Information of the general nscom against Meyer, supra. arden against Burton. Appea trom Cass. Affirmed. Pound, C. 1. In deter on'an action to foreclose a real estate mort Bage, given for the sscurlty of & promissory | 1 2o note, section 6 of the Code of Civil cedure should be construed in connectic with seetion 22 of such code. 3. Where, after the secured by a real extate mortgage payments ave made annually on a right of actlon accrues on the n at any time within ten years after t of the last payment on sald note. 10,321, Uecker against Magdans, Plerce. Order of dismissai. Reported. 1. An appeal from an order or judgmen h note e date Appea of the district court fn a law action does invest this court with jurisdiction ot not the cause. 349, 11,992, from Boyd. Hayden agalnst Hale, 57 Neb, Reinoehl against State Affirmed. Holcomb, J. ported. 1 In an information under division of section 12 of the Criminal Code charging a person with carnally A female child under the age of 1§ female child, George against State, N. W. Rep., 4. 2. In a criminal prosecution for a felony | ] the accused will be taken and deemed to have waived all defects or which may be excepted or objected motion to quash or plea in abatement the general issue, Section 44, Code. Crimina! 3. A prellminary examination s a right accorded, a personal privilege gnmlled"und Aatimer one which the accused may walive. againat State, 55 Neb., 600, 4 a criminal prosecution for a after pleading to the general {ssus after a jury has been impaneled and sworn it 18 not error to overrule an objection by the defendant to being tried at that term of court on the ground and for the reason that he was on his vreliminary examina- tion ordered to enter into a_recognizance for his appearance at a term subsequent thereto, or because the county attorney had him before the ierm at which he was ordered In the pre- liminary examination to appear and answer filed an information against the charge preferred against him. 5. Jovidence tending (o show the fntention || the prosecutrix to and has a material upon the ultimate fact sought to be established by the prosecution held prop- of the defendant Wwhich {s related bearin, toward erly_admitted. 8. Where statements of & defendant in under arrest are shown to be voluntary and not made under the influence of hope or fear emanating from those in authority or con- the administration of the law. n the nature of a confession while cerned in the same may evidence. properly bo recelved 7. Ruling of the trlal court on instructions examined to the lury, siven and reused 1d to be without prejudicial error. examined and held sufficient port the verdiet of the jury. 12, Cerny agalnst State. Douglas. Affirmed. Holcomb, J. 1. Where no information o smmission of a crime, during the term which he was held to answer his detent] in unlawful and he Is entitled to be d d. Lelsenberg against State o2 Ne 8 Neb., 625, 2. But, court an information is flled and defendant pleads not gulity, the court has power to try the fssuc ralsed, and atter verdict of conviction hus been rendered it 18 not error {0 deny a motion In arrest of judgment. Lelsenberg against State, supra. No. 994 lLee ogainst Carroll Normal School Company. —kError from Saunders. Remititur. Day, C. Unreported. 1. When partles to a contract stipulate that In case of a violation thereof the party making default shall pay to the other a stipulated sum as liquidated damages the courts will take the sum 8o fixed us the innocent party's measure of damages only when It appears that to do 8o will no more than compensate his loss. % If the measure of damages so fixed in the contract, to be paid for its breach, will more than compensate the {nnocent party the court will regard such penalty. Glllillan v. Rollins, 41, followed. 3, Evidence examined and held not to support the judgment. from Saline Reversed. Sedgwick, C. reported. Un- . There being no evidence supporting the allegations of a fraudulent alteration of a contract after its execution and de- Ilvery it is error to submit that question to the jury. 2. One who has a right of rescission of a contract for fraud In procuring it should make known his rescission as soon as may be after he knows his right to rescind. 8. It is error to instruct a jury knowingly testified falsely in any partic- ular the jury would be justified in’ dlsre- i . where he goes on officlal bu<l-| garding such witnease McKinlevs, owner of crop and and the probable value of the land- gwners hate of the crop had the contract of A tax to pay order of the acting {n pursuance of sald section in the rejection is not such an adjudication as will bar the claimant's right to maintain the i newspaper within the meaning of section #7 of the Code of Civil Procedure. Hanscom againat sgular fntervals, ally or weekly, Reported. ining the period of limitat on maturity of a note interest ortRage Holcomb, Error Re- the second knowing vears, It | 3 is not necessary to allege that the offense wan committed ‘with the consent’ of such R irregularities to by vhen he demure to the information or pleads to Error from Reported. indictment I8 filed against a defendant, charged with the ut |y if_ut a sibscquent term of the e | unless ©| witnese suffic Jess the it_shall further appear that has been corroborated by t and competent testimony witness has testified falsely Un i re o 1) regard to which the witness cannot be pre- wimed liable to mistake the maxim *“ial #us In uno, falsus in omnibus’ does not apply 1024 German _Insurance ecport against Shader ter. Reversed and remanded nreported < 1A policy of fire clause to the effect that the pollcy not become binding up: the premium wax actually paid pac 3 company ¥ © Day, C e ih B Such stipulations 1 g car e | walved by (he company, T h must be pleaded and proved to avail e | Insurance | 3 "“The rule of law { allegations a1 t Dbata, must agree 5 Neb. Bl | No, 1012 Southern Pine Lumber Com- {pany against Pries. Error from Valley | Afirmed. Day, C. Unreported fter the [ssues have b rests within f the trinl judge to permit { the pleadings in furtheranc is inflexible t proof. allegata raver against Shaetle i 0 made up it mendment i fustie cretion. 2. Amendments examined be aj of judiclal discretion 3. ¥ examined and held sufcle - | to «ubmit to the jury whether Gould & Co were the agents for the plaintiff in making the collection. 4. Instructions examined and held to prop erly state the law of the case. Where the facts are of such a nature, even though not conflicting, that honest, impartial minds might fairly draw from them different inferences or conclusions law for the court, but o d by the triers of fact 10143, against | Error from Lane Affirmed. Unreported ‘L To predicate error upon a ruling of the the record must show aMrmatively what'the ruling was. 2. Amendments to pleadings are addressed to the wound discretion of the trial vourt nd_form no basis for error unless there . l‘vpolrl 1o have been an abuse of discre- don, - | (3 Where it 18 evident that the miscon- duct af the successful party has not been prejudictul a judgment in his favor will not' ba ‘reversed for that reason alone Ashland Land and Live Stock Co. v. May, 6 Neb., 78, followed. .| & Ina motion for a new trial an assign- i ment that a group of instructions is er- |roneous s insuficient, If one of them was | |properly glven. Unlon P. R. Co. v. Mont- Romery, 4 Neb. 430, followeo (r264, Pardec against Nelson - | from Gage. Affirmed. Ames, C. The fin of fact of 'a evidenc of fact to be 54 Campbell Day, C. Appeal Unreparted court or jury witl not be' re al on agalnst Spaulding. Error Affirmed. Day, ¢. Unre- n de- 4 > re) ith [1 . a copy 114, Complil Katuton,” 168 ) ompiled Statute mortgage Ix absolutely vold us o of the mortgager, no matter whe t | have actual S Y ual notlce of the mortgage or 1 Farmers “and Merchants' bank - of York against Anthony. 39 Neb., 34, followed, o[, 2 A memorandum which it appears was prepared at the time of the fact In que Hon or soon afterwards. which the witne: Knew to be correct at the time it was made, may be used by the witness to refresh h's memory. Atchieon, Topeka & Santa Fe : [ Raflroad company agalnst Lawler, 40 Neb., ., 1”]]1\\1“(]. n replevin by mort agalnst an officer Kolding under execution. ‘sherher or not the property was exempt o the mort- Kagor. 18 Immaterfal—his rights are not in I n Doughty against Hubbell. Appeal y | from Buftalo. "Afrmed. Albert, ¢ Chre: 1. Evidence examined and held sufciant to sustain the finding of the district court on an objection to the confirmation of a 11 #ale based on the ground that the anpraises m"""l‘hw.. :‘lrn low. 2. at the appraisement was conducted by the deputy sheriff is not a valid objec- :.!:;l‘hl‘n the cenfirmation of a sale of real 3. In the appralsement of real estate, In foreclosure proceedines, notice of such ap- ) | prafrement or of the time thereof to the partles is not required. Al Tootle, Lemon & Co. against Wiley. eai from Thayer. A Atenn o Affirmed. Duffie, C €ale of real estate ordered In a decree of toreclonurs will not be st nide on i #ole ground that no copy of the decr: companied an order ‘of sale iusued by (ke clerk to the sheriff. Nefther will such sale be disturbed because the value of the premises, as returned by the appraisers, i oss than the value fixed by parties whi afMdavits are offered to impeach tha ap. pralsement. 10,28, Colller against Gavin. Frror from Douiglas. Affirmed. Albert, C. Unreported 1. A party is estopped to urge an objec- tion’that there i no evidence i support of & broposition_ contained fn ‘an_ Instruction when he, himself, han asked for an instruc- tlon based on_the same theory. 2. A party will not be heard to eomplain of ‘an ‘instruction on the ground that It submits fssues not presented by the plead- ing, nor supported by the evidence. when an instruction given at his request submits | the same fasues 3. It ix not error to refuse to give an truction tendered by a party where the court glves substantially the same instruc. tion_on its awn motion. 4. Where depositions are filled, but not used, In a case pending in the county court on an appeal to the district court excep- s to such depositions may be filed nt any_time before the trial In' the appella‘e court, entire testimony, such other gard to some material fssue or matters in ot Error from Lan- insurance contained a ahould n the company until | noF unless o o : atlons reasonable upon shares, bo wilver the the sound judiclal discretion and on such terms as may be proper, sub- ject to review for an nbuse of judiclal dis- and held not to the question to be determined is not one of DOHANY THEATER OCTOBER 23, in part No. 9022, Holdrege against Watson. Error wum us o Neb., 540, Wood & Ward's blg company. presenting “r'ne Two Merry Tramp: BUY THE GENUINE SYRUP OF FIGS MANUFACTURED BY CALIFORNIA FIG SYRUP CO. NOTE THE NAME. that if “any of the witnesses have purposely or /, PRICKLY Cures the KIDNEYS, roun ASH BITTERS the LIVER, the STOMACH and the BOWELS. wEoICINES roR oNE BoLLAR, e R e S revowww OR SALE— VINEYARDS . ORCHARDS GAR Small payment down, balance on | 16,000 apple trees in one plece, half mile from Glenwood; old, full bearing. 4% acres garden land. 10 acres garden land. | 20 acres garden lapd. H. W. BI 8 Pearl St., Council Blufts, Ia. cre vineyard, two miles from Council Bluffs postofce. DEN LANDS ong time; low rate Interest. trees 9 years 46 acres garden land, 30 mcres in vineyard. NDER & CO., eresssssssssssssssssssesssssessosse WHEN TRAVELING Read.... TheBes IHere is where (you will find it in the princi- ipal cities e . ¢ o o ATLANTA, GA. Kimball House News Stand. BOSTON, Publie Library, Vendome Hotel Boston Press Club, 14 Bosworth Strect Genegee Hotel Ne Buffalo Bureau, en CAMBRIDGE, MASS. Harvard University Library, CHEYENNE, Cahill Bros, 1108 Ferguson Street. 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