Omaha Daily Bee Newspaper, November 7, 1901, Page 3

THE OMAHA DAILY BEE: THURSDAY, NOVEMBER T DO NOT NEGLECT YOUR KIDNEYS Because if Kidney Trouble is Permitted to Con- tinue Fatal RGSII“$ qre Sure to Follow. ablding by the facts. Lieutenant mander Potts has never sald that he wa always scared when he was in battle. H {s traducing the reputation of an office who is well known to you, an officer ability. He is not abiding by the facts “Many Instances have occurred in which counsel has absolutely misstated the evi dence and 1 think he should be compelled to abide absolutely by the facts, particu larly when he I8 attempting to traduce the reputation of an officer. He right to speak in this manner of an officer who i« above any such e Mr. Rayner—And have no right to traduce the reputation of Admiral Schley. [ shall traduce the reputation of any person | whom 1 think has not ewtablished his repu- tation. You sald 1 have made a remark that he said he was seared { Captain Lemly—There agaln he is inac- | curete and is not stating the fact | Mr. Rayner—I thought my brother had SHIN ¢ abandoned thess tempestuous rages. 1t 1| WASHINGTON, Nov G made a misetatement and he had spoken to [ (S0E 9% "’;:;"' l"l""\‘l’l“‘;' ]"' Campb ("; ; o kel 1t | WRO were retained by Admiral Sampson TG quietly I would have taken it |00, ofyon the latter's interest before the At Niyter (5 el DR Uh evidanios | S10R o" inquiry, today sent a ietter to the of Mr. Potts to prove his statement about | (H 0 WGUIFY 20Fd of neritiD atatemints the latter belng scared. | deemed to renect upon Adiral Sampson's “How does that eult you?" he asked | vona s o Wi e “I¢ does tot Wit Captain Lemly Ao ‘,.":,‘l:,": lm \.;I)ann The letter is ad awered “1 wiill say It I8 incorrectly | (TLECH 10 SUMITAL Dowey as president of stated, and may the court please, T do not i iyep o gy o, o y think ‘that counsel should sty that this s | o ‘yedle, "H1ls cosnlzant of and abidiag by an attempt to traduce Admiral Sebley. Tl W' gl O Uniian Kiates BRVY, 10 W0t am here not because I wanted to be, but f o=, Tl P FO the hyr;n‘rn:'u because 1t was my duty, [ was ordered 10| make (ho following request on behalf of come, and I think it was unjust and 1§t ogne, : b shr\“c how utterly unrellable he is in his| Arguments by counsel being matters of statements.” | record in the case and rece cireu- Mr. Rayner—I do not think the court will | Jation with the pu’:fl'h’ lzl\‘A:Ky‘:-::»:uIrrxfllli,\' permit, you must not make a statement of | gubmitted that argument by counsel upon that sort, I will not permit it. matters regarding any official acts of Ad- Admiral Dewey—N wiral Sampson which he has not been pe Insult Is Returned. mitted to defend. and which the court by an exprossed ruling has excluded trom the evidence 1o the case, is eminently improper, jand it is respectfully requested thut the | statement made by counsel for Admiral | Schley in argument yesterday at the close of the afternoon session to the effect th Admiral Sampson permitted the Spanish criaiser Colon to le in sight without attack- ing the harbor of Santiago, Cuba, from tha time of his arrival on June 1, 1808, to about 10:35 a. m. of that day, be elther stricken from the record in the case or evidence be introduced by which Admiral Sampson may be permitted to defend such a grave a 1sa. tlon {nvolving his honor as & naval officer ‘It s further earnestly and most reapectfully that counsel in the future be to the evidence ad- duced as regards the officlal acts of Admiral Sampson and not be per- mitted to include those matters expressly ruled out by the court and which the ad- miral has not been permitted to defend, nor to introduce accusations against the admiral in the record by Indirect means, which were deemed improper by the court by direct means.’ The Food-Drink Malt-Nutrine 1s especially beneficlal to thin-blooded people. It gives life, purity and richness to the blood—energizes the entire system. _ Prepared only by the An- heuser-Busch Browing Ass'n, St. Louis, U. 8. A, FOR THE LAMBS OF WYOMING ! Experiment Station There Testa Rel- Conm istrious ver exa IN EAVOR OF STANDARD OIL Reforess in State's Case Under Ans.-Trust Law Are Against Nebraske. AMOUNTS TO DISMISSAL IN THE COURT tribunal, and when that de omes he can, from the high and position that he occuples, look | fown upon his traducers and maligners | and with exultant pride exclaim: ‘I care not for the venomous gossip of clubs and drawing rooms and cliques and cabals aud the shatts of envy and of malice. 1 awalt, under the guidance of Divine Provi dence, the verdiet of posterity Mr. Rayner closed at 3:30 o'clock, having epoken about three hours The court then adjourned tomorrow, when Captain Li the closing argument for thy d | Con Rayner Delivers an Eloquent Plea in Admiral's Behalf. CLASH OCCURS WITH JUDGE ADVOCATE has no Appenls from Sentence Murdering Peaceably Adjusted, and Rayner's Argument to Thrilling Peror Difference Howes until 2 p. m mly will deliver movernment SAMPSON ASKS AN ERASURE | MHis Representative Calls on Court to | Herman Zahn— Ami Frandulent Investment Companies. nat Proceeds you (From a Staff Correspondent.) LINCOLN, Nov «(8Specisl Telegram.) - Refercen A. 8. Tibbetts of Lincoln and A C. Wright of Omaha have submitted a | report to the supreme court recommending the dismissal of the case of the State mgainst the Standard Ofl company. This action ix the one Instituted under the anti trust law by former Attorney G al Smyth. The teferees were appolnted by the court over a vear ago and they have since had the case under consideration for | findings both as to law and facts. The principal evidence offered by the state was in the form of an aMdavit by C. J. Smyth in which allegations were made concern ing the contents of the defen com pany's books and records. The referces refused to accept this aMdavit as evidence An approval by the court of the referees’ report will amount (o dismissal of the case. The court will considi the matter | At tomorrow morning's session. Heport of the Refere First Page.) Expunge Schley’ nael’'s Une favorable Referen [ Theall to to t a Outlined Ya n Lottery. o Mr. Rayner—Me is not only unreliable, but very offensive. Captain Lemly—Counsel gets up and savs that we are, in the discharge of a must | painful duty, trying to traduce Admiral Schley. Mr. Rayner—I have borne willing testi- | mony to the impartiality with which he has tried his case and the dellcate position he occuples. But I do ask my brother not | to get up and contradict me and say that 1 am unreliable when I read the testimony that sustains me. 1 appreclate the position he s in. He has filled that position as well and faithfully as it would possibly be filled by any one. 1 have not sald a word in criticlsm of his conduct. It is only when | he refers to my traducing an officer that I | have the same right to refer to his traduc- ing Admiral Schiey. Admiral Dewey—The court, of course, will read all the testimony that has been given. We will be governed by the testi- mony. We know exactly what Lieutenant Commander Potts sald. He sald he was ared, but counsel did enlarge a little on It. Mr. Rayner—Yes, 1 probably did enlarge Captain Lemly—And that said, I am sorry 1 mede the remark. Admiral Dewey—It is only one day more and I think we ought to get along peace tully. | RN T DR AN, Thousands Have kidney Trouble and Never Suspect It. To Prove what Swamp-Root, the Great Kidney Rem-= edy, will do for YOU, every reader of the “Bee” May Have a Sample Bottle Sent Free by Mail. we nd fus N time most requested restricted Weak and unhealthy kidneys are responsible for more sickness and suffering than eny other disease, therefore, when through neglect or other causes, kid ¢ trouble is permitted to continue, fatal results are sure to follow. It used to be considered that only urinary and bladder troubles were to be traced to the kidneys, but now u all diseases have their beginning In the ant organs Your other organs may need attention—but your kidneys cause they do most and need attention first, If you are sick or “feel badly,” hegin taking Dr. Kilmer's Swamp. Root, the great kidney, liver and bladder remedy, because as soon as your kidneys are well they will help all the other orgins to health, A trial will convince anyone. o dern science proves that order of these vly rost i T nost, hee he referees stat judgment that this fx not a proceeding in i trial of the case and that the referees have no swer (o make the order prayed for in the petition, and the srder fs therefore denied to which order the plaintiff then and there duly 4 1. The sald petition Is here- with returned to this court, marked kEx- hibit A, and found in files of court.” That 'afterward in the hearing of this cauge the defendants on the 28th day of 1901, upon the présentation of the sition’ of George Rice to us, filed the ections or exceptions to the 'pretended orge Rice, which sald ob- are marked Exhibit B and re. herewith, and the same was pre- to the referees orally and upon s, and that we then overruled the sald motions and objections with leave = to further present the matter If it should be desired and that thereupon the daposition was offered In evidence and reaq to us, and that thereafter the defendant's nsel orally renewed thelr ‘motion_to exclude | their deposition of George Rice for the reason stated in sald objections, and the vamo upon being ‘fully argued and sub- mitted upon briefs and being fully consid- ered us. we sustain sald motlon and made and filed an opinion and order. the ng Exhibit C, which Is herewlith | o “which ruling the plaintift excepted flort to Get the Book d_cause we in their ernor Shaw Con ntes. Th: following from wovernor haw of lowa is one of the many congratulatory messages received by republicans in this elty today DES MOINES, Nov. 6.—~Hon. age, Governor of Nebraska, Lincoln: The republican victory In Nebraska is of na- tional significance and Is an Indorsement of your administration. 1 congratulate vyou! LEBLIE M SHAW. ELK CREEK OLD FOLK DINNER | Mra, Conclusion of Address. Mr. Rayner closed as follows “I now have briefly presented this case as it appears to me in its general outline. Such a trial as this has never to my Kknowledge taken place in the history of the world. It seemed to my mind that this case had hardly opened with the testimony Captain Higginson before it commenced to totter, and from day to day its visionary fabric dissolved from view. When Captaln Cook, their last witness, was put upon the stand the entire structure collapsed and now, when the witnesses from our own | ships and the gallant captain and crew of | Oregon and Admiral Schley have nar- rated their unvarnished tale, the whole ten- ement, with all of its compartments, from its foundation to its turret, has disinte- grated and lies here like a mass of black- ened ruins, | “It has taken three years to reveal the | | truth. There 15 not a single word that ha fallen from the tongue of a single witness, friend or foe, that casts the shadow of a re flection upon the honored name of the hero of Santiago. ““He has never claimed the glory of that day. No word to this effect has ever gone | forth from him to the American people The vallant Cook, the heroic Charles, the lamented Philip, the undaunted Wa The mild and immediate effect of Dr. Kilmer's Swamp-Root, the great kidney and bladder ren edy, is soon vealized. It stands the highest for its wonderful cures of the most distressing cases. Swamp- Root will sef your whole system right, and the best proof of this s & trial. 14 West 117th St., New York City, Dear Sir: Oct. 15th, 190 I had been suffering severely 'from Kkidney trouble. All symptoms were on hand; my former strength and power had left me; 1 could hardly drag myself along. Fven my mental capacity wus gIving out, and oftor, 1 wished to dfe. It was then | saw an advertisement of yours in a New York vaper, but would not have pald any tentlon to it, had 1t not promised sworn guarantee with every bottle of | your , medicin assert that your Swamp-Root {8 pu able, and does | not contain any harmful drugs. 1 am | seventy vears and four months old, and quently night and day, smarting or irrita tion In passing, brick-dust or sediment in the urine, headache, backache, lame back, dizzivese, slecplessness, nervousness, hear disturbance due to bad kidney trouble, skin eruptions from bad blood, neuralgla, th um atism, diabetes, bloating, frritability, worn out feeling, lack of ambitlon, loss of fesh sallow complexion, or Bright's diseare It vour water when allowed to remain undisturbed in a glass or bottle for fwenty four hours, forms a sediment or settling or has a cloudy appearance, it is evidonc that your kidneys aud bladder need fm medlate attention. It you have the slightest Kkidney or bladder trouble, or trace of It in your family history, and at once to Dr. Kilmer & Co., Binghumton, N eventy yeurs and four months old, ahd | ¥, who will gladly wend you by mafl. im Swamp-Root o all sufferers trom kidney | Medlately, without cost to you, sample e 0% e “membears of my family | bottle of Swamp-Root and a hook contain have been using Swamp-Root for four dif- | ing many of the thousands upon thousands rent kidney diseasex, with the same | of toxtimonfal letters received X 5“;""'1““{"'.“\ and women cured. Be s, read this generous offer Morning Bee Swamp-Root is pleasant take and s for sale the world over at drugglsts In hot tles of two sizes and two prices—fifty cenis and one dollar. Remember the name Swamp-Root, and the address, Binghamton N. Y Sav- | 2 FOURCH ov. 6.—(Spe- | cial.)~The experiments that have been con- ducted at the experiment station of Wyom- ing in sheep raising have been watched with unusual interest by sheep growers of the Black Hills, The ns are practically the same for both states. The experiments were made primarily for the purpose of seeing what growth can be made by lambs | on the prairie haywith corn as teed. Two | separate experiments were made, one using | alfalfa and corn for food and the other wild | hay and corn, a comparison being made. It | was found that the lambs fed upon the al- | falfa and corn made more flesh, but it was also ascertained that the wild bay and corn put on eufficient flesh to make money on market feeding | The sheep were wurned out on the range | and are given only the crudest kind of Mary Cody Frien' Al at L Five Yea ertaine Twenty t Sixty- of Age. or v ELK CREEK, Neb.,, Nov. 6.-—(Special.)— Today being Mrs. Cody's 78th birthday, her daughter-in-law, Mrs. Z. T. Cody, pre- pared a dinner and invited a number of the oldest residents of the community to coms and spend the day with her. Those present and their ages, were: Mrs. N 72; Mrs. E. B. Dickerson, 67; Mrs. Mary | Tibbets, 73; Mrs. Mary Ogden, 70; Mrs. | Deborah Lawrence, 66; Mrs. Jane Simmons, | 76; Mrs. Julia Lawrence, 66; John Dufack, §1; Andrew Phelen, 86; Mrs. Berlinza Ph len, Mrs. Mary Cody, 78; Thomas Rob- inson, 77; Mrs. Eliza Brittain, G Brittain, 80; Mrs. Catherine Krouse, John Krouse, 69; Victor Tracy, 69; Mrs. Martha Tracy, 66, Mrs. Sarah Berry, 6 F. H. Butler, A number of others, some of them older than any present, were in- vited but were upable to come. [ symptoms of i there is n | | T duly n the hearing of report that upon the offer of the affidavit of . J. 8myth, upon which the ler of the court had been obtained di- recting the production of certain books and pavers by the defendant company. the e ‘endint objected to the introduction of said aidavit, for the reason that the afdavit docs not glve the contents of the books and papers mentloned and bocause the affidavic was not verified posiively, hut was shown to be upon information and bellef, without stating the grounds of the hellef. or the source of the Information. and biecause it was incompetent, irrelevant and immaterial and not the best evidence. And the said objection was argued orally and upon hriefs before us and after the consideration thereof we did_sustain the sald “objections and flled a memorandum opinton,” which is marked exhibit D and | liereto ‘attached, and to which ruling the Plaintiy at the time excepted The plaintift clected to stand upon the afMdavit offered and upon the offered depo- sitfon of George Rlce and thereafter the ciuke was fully submitted to us upon the pleadings and the evidence of the vlaintiff and afier hearing and considering the same we do find the following facts: That the evidence does not sustain the allegations of the plaintifes potition And as a conclusion of law t the plaintiff is not entitl rellef demanded and the defen titled to a judgment of fa to which finding of fact s slon of law the plaintift duly ex A. 8. TIBBETTS, L CL WRIGHT November 5, 100 Reforces, Statement of Expense And up further from men * to say that you in the Omaha ®e thank: 1o y ery truly yo 1, 1 remain, ROBERT BERNER You may have a sample bottle of this famous kidney remedy, Swamp-Root, sent v that the conditions might | free by mall, postpaid, by which you may be as nearly like the range as possible, [t | test its virtues for such disorders as kidney, | bladder and uric acid diseases. poor diges- has not been the custom generally for | i wright, and all the other captains and every | sheepmen of the Hills to feed either wild or | tlon, when obliged to pass your water fre man at every gun and every soul on board | tame hay during the winter unless the of every ship are equal participants with | weather fs cold or stormy, but the experi- Admiral Sehley in the honor wrought upon | mente of Wyoming may change this some- that immortal da. what. Instead of the sheepmen sending “We cannot strike down his figure stand- | their young stock east for fattening pur- ing upon the bridge of Brooklyn. There |poses they can hereafter put up enough he stands upon the bridge of Brooklyn, his | wild hay or alfalfa and can ship in corn, ship almost alone. receiving the entire fire | which will more than pay when fed out as of the Spanish foe, until Oregon. as If upon |a supplement to the range feed. The sheep | the wings of 11ghtning, sped into the thick- | industry in the Black Hills is rapidly gatge ness of this mortal carnage. ‘Gofl bless | ing standing next to the cattle business Orogon’ was the cheer that rang from deck | now to deck, and on they went, twin brothers in the chase, until the lee gun was fired from Cristobal Colon and the despotic colors of Spain were swept from the fa of its ancient possessions. Commander Well done: congratulate you on the victory,” was the streamer that was bent from the halyard of Brooklyn, and from that day to this no man has even heard from Admiral Schley the slightest whisper or intimation that he usurped the glory of that {mperishable hour “The thunders of Brooklyn as it trembled | on the waves have been discordant musio | | to the ears of envious foes, but they hava | plerced with a ringing melody the ears | of his countrymen and struck a respousive | chord at the fireslde of every American | he | nome. And, what is more than,all which could bring against | pas been revealed In this case, as match- or any one else, if yOu less as is his courage and as unsullied o | | is 1o 70; “A HAND SAW IS A GOOD THING, BUT NOT TO SHAVE WITH SAPOLIO 1S THE PROPER THING FOR HOUSE-CLEANING. ttehfork Wound P FRANKLIN, Neb., Nov. 6.—(Special Tel- egram.)—Jack Smith, who was badly hurt a week ago Tuesday by Jumping off a load of | hay onto a pitchfork, the handle of which | entered his body ten inches, died last night from the effects of the injury. His suffering kas been intense for the elght days since the accldent and on account of the condition of the body it was necessary to bury him today oves Fatal. ink And loan associations are regulatad In | ARERRQR ¢ . . this state, and basee such claim on the as- | S lN 5(“ M sumption ' that Its purpose does not come | . within the purview of our statutes, and that the Nebraska statute applies alone t arporations and not to copartnershi n eircular the Home Co-operative om under the pictire of a paintial rest annouuces ita purpose as follows The Home Co-operatfve company will furnish vou the money pay off your mortgage or buy a home In any localit and give sixteen years and elght | months t 1t back at the rate of .5 per it fnterest. The purpose | nt fe to enable th wecond part to enable a b thereof, by making small | In Instaliments, oy co-operating with oth- ers who contract Iikewlse, and to that end The purpose thus disciosed by the circu | 1ar and the contract i& one of the purposes tof a bullding and loan association within the meaning of the laws of this state, and | a forelgn conce organized for such u’lm:v pose 18 amenable 1o our laws when 1t ate sontt tempts to do b as an examina- (Continued from { tion' of th — | The statutes speak for themselves and | among other things: “His vislon was a vr;:l‘:r it fectly clear ""”\”' ¥y apply 19| divine inspiration. Sextants and stadime- T e e T il char- | LTS, compass bearings, governmeni meas- acter similar’ 16 that authorized to be done | urements and hydrographic plats were all b w"ln 1 1' the act. The statutes ,"'Axkl dim and obscure in comparison With the heth e I ation, | miraculous power of his unalded vision, a company or an assoctation. The leisla- | which 1t up and {lluminated the entire ture framed the law so as 0 prevent eVA | harbors of Clenfuegos and Bantiago with «ion of its provistons by subterfuge in : 5 B o Iyethof of doing the unerring preciaion of the morning sun business, and required foreign concerns beams.” iike the Home Co-operative company to Kayner contended that there was no m e jurisdiction of the State g e O o pting to do | Bround for censure i connection with Ad- business in this state | miral Schley's conduct in the affair of May “Hm'mg reached the conclusion l'ml'h" |31, He saild he had done no more than to BTy 4o ikineas in thin state Without Au- | eXercise the discretion allowed (o a com- thority from the State Hanking Board, the mander-in-chief under such circumstances. auiention arfses: Snould such authority be | Reverting to the blockade of Clenfusgos BERITRS Mr. Rayner sald Captain McCalla bad ad- mitted on the stand himself that be hal After describiug the company's plan of | disobeyed orders in not leaving Eagle oft { operation the opinion continues | that port when he left tor Key West. He |, According to my understanding of the | did not, he said, mean to criticlse Captain ’ od |10 a concern based on the plan outlined ie | Mo t to be censured The report of the referees was submitted | & Soncory baged Oh TG Bl & contain. | McCalla, but it hn’wlll LGt o the court late this afternoon and is as |ing the elements described are gambling | for disobedience of orders, why, b tollows Contracts and are therefore fraudulent, | should Admiral Schley be? To the Honorable, the Supreme court of | contrars to public policy and unlawgul '§| sr. Rayner then came to specification the Btate of Nebraska: In pursuance of | 118 RN SGOGE, GG Wiings of the | No. 8, relatiog to the alleged withdrawal e e I e e “be willeh he | courts of ihix country, The Home Co-|of the fiylng squadron from off Santiago undersigned as refereos, to hear and de- GRS G collfracts In this sate, 1f 1 | sald, that there was nothing In that charge. fermine the some, we o lerebs Fespects | i Corfort i my Upinion U to the charac: | In this connection, he suld, Captaln Harber T T T it ™l i | tor of the contracts iuucd by that Arm {8 | yuq the only witness who had teatifled that of referee on June 2, 10, and A 8. T | federnl constitution nor any other law au- | the Santlago blockade was not a success. ';' o gk Apd "l"" the oath as referce | thorzes persons or compahles to enter 00 | “Had I reflected for a moment,” he con- ugus b, and or solfcit contracts I are udulent 4 it That upon notice to counsel of the | OF ROICI contEets Mbh e rwnl " | tinued, “that Captain Harber had just ar- respuctive .m\”lm‘ we met u\‘ "'E'”';":"”.” audulent assoclations without capital | rived from the gay festivities of a con- at Omaha, Neb. on September 8, 199, 0 v 8ending out their aganis to selictt e ’ proceed 1o the hearing of sald cause. Upon Y, aending out thelr agenss to soliclt | tinental capital, T would have '7"'."“ him motion of attorneys for plaintiff we Times In the futive. requiring pay-+ with far greater deference. 1 would have pointed George I Corcoran o fake ments of instaliments at ' stated periods | modeled my style according to tho man- port th L I\h:” ice v o rlx‘"fi“ a d, ,‘n'.kn’.‘x profits” on “«n;uu:‘-‘-mlp‘ ners of the best Parlsian society and would case and thi hdent upon’ new business and lapses ring and trial 'hese bogus s Introduce themsalves | have greeted him with the foreign accent and_adjourned fr to time [ vith high-sounding names and ko about | and graceful gestures that are due to any nvenient to [ fn the habilimenis of legitimate enterprise vt denly Ba1A counsel, and that the said cause was | They have recently multiplied to un extent | 0n Who has been buddenly transferred finally submitted to us at Lincoln October fs almost incredible. by r agents | from the deck of an American ship to the 1y 1901 | have been In nearly every part of the stute | elegant and fashionable circles of European Hecond- And more fully reporting our and If they are permitted to p ceed In- Apl proceedings, we do hereby report that on |calculable fnjury will result. Such unlawful | diplomacy The Toth das of September, 100, after pro- | coneerns encoufuge lotteries and gambling. | The court at this point took its usua coeding with the taking of oral testimony, | They rob legitimate life insurance com- | recess for luncheon. orable attorney general of the state | panfes of the frults of capital, experience wca’ lled A peiition for the pro- and enterprise. They divert foney from Drookiyn's Loop Explained. ertain baoke and upon the sime | #Avings banks and other conservative in- § ot b e Mhe | Xiitutfona which are the growth of the wis- | After the recess Mr. Rayner discussed the psequent day, and . the ‘:‘.‘.‘1‘,‘.‘ .n‘:‘nllnnunllv ||:“vr'|';r'ni.x'|'.r|‘,’n‘ 'I’r:';’:llv’l.‘l‘r‘ ninth specification, which dealt with the IpAWING ORERL Wiy redi | te of the widow, (he small earniigs of [ 100p of Brooklyn on July 3 and the possi- the cripple and the ifttle sums aceumulated | bility of colliding with Texas. by toll and privation in active life, for the v protection of palsied oid age and’ consign | Mr. Rayner sald he stood upon the testl all these tunds to the hagarde of chance | mony of Captain Cook, who, all things taken and fraud am of the opinion (hat the | together, had the best opportunity to give State Banking Board ol M . vl L e rative ombane. atihosite [ all the information about the loop. What t0 do business in this state might have happened had Brooklyn turned o to port was purely a matter of conjecture. The turn in the other direction was cofn- pletely successtul. It was intimated that the turn to the south would have been to get away from the enemy, yet it was an indisputable tact that the turn had brought Brooklyn so close to the Spanish fleet and that it re- celved thirty of the forty-three shots which struck the American ships. Captaln Cook's testimony, he said, illumined this maneuver and he planted himself upon this testimony. Mr. Rayner then discussed the testimony of Hellner and Hodgson, and in this con- nection ridiculed the chart prepared by the pavigators of the ships in the battle. In his evidence, said Mr. Rayner, Lieu- | tenant Commander Hellner sald Brooklyn passed across the bows of Texas less than 150 yards away, while on the chart which he helped prepare the distance between the two hips s Riven as 2,400 feet. Whether the engines of Texas were stopped of backed, Mr. Rayner said, mattered little. This whole controversy about the loop seemed to have started to prove that Brook lyn ran away. When this failed an attempt was made to drag in the alleged danger to | Texas. The testimony of Captain Cook, he declared, exploded both. Counsel on the other side, he said, would have to argue that Captain Cook's testimony could not be relled upon or abandon the specification about the loop and the danger of colliding with Texas, Mr. Rayner then took up specification No. 10, concerning the Hodgson controversy. He said he would not undertake the task of extricating Lieutenant Commander Hodgson from his predicament. He read portions of Hodgson's testimony and again fell back upon Captain Cook's testimony as decisive of the point. Cook Sces No Danger. “Captain Cook had said,” said Mr. Ray- r, “that the danger of collision had never entered his head." Referring to this testimony he said cannot impeach him. If I had had my way I must say I think I would have rested this case when Captain Cook's testimony was done. 1 did not do %o because the ad- miral wanted to take the stand in his own vindication.” No one, he said, had intended to attack Lieutenant Commander Hodgson, but the entire controversy was Hodgson's own fault. “There has been too much magazine dis- cuselon and too much gossip” he said “Imagine such a conversation between the commanding officer of a great fleet and a subordinate officer at such a time. Even it the commodore had sald, ‘D—n the Texas,' " continued Mr. Rayner, “it would not have been sush a serious matter, as i could not have been meant seriously. “There are a hundred idle charges, | continued, “that you | Admiral Schley, o find | to the 15 en- in 1 ant 9 dismissal “You Leaves Fort Mea FORT MEADE, & D., Nov. 6.—(Special.) This morning Troop H of the First United | States cavalry started overland for Fort Keogh, Mont. where it will be permanently statloned hercafter. This leaves but one | squadron of the Thirteenth cavalry at this | post. Troop H fs in commandof Lieuten- ant Chapman FIRE SALE STILL ON One More Week of Exceptional Bargains. Vehicles, Bicycles, Wagons, Automobiles, Going at Cost and Less. $126 Light Timpkin Top Buggy.... $100 Light Timpkin Top BUggy......e... $126 Timpkin Mountain 11-8 Buggy... $70 Fish Bros, 3 1-4 Wagon: 4 $65.00 Fish Bres. Dellvery Wagons $110 McFarland Surreys ....... Weat Point Huskers Re WEST POINT, Neb., Nov. 6.—(Special.)— Snow fell yesterday and remalns partially on the ground. The weather is cold and raw and indications point o a further down- tall of snow. The wet weather has al- most put a stop to cornhusking and is detri- mental to the drying out of the corn already husked. Vesta Woman Hurt in Runaway. TECUMSEH, Neb, Nov. 6.--(Speclal Tel- egram.)—In a runaway here today Mrs. Maggle Hotaling, who lives near Vesta, was thrown violently from her carriage and her | left arm was brokem in two places. s in Men Attached to the report s the statement: y In reporting the said case to this honors | able body we show to the court that we have consumed in the hearing of sald cause and constderations of th various tions wnd of the evidence forty days apl and that in order to attend the meetings to sult the venifence of counsel we have expended costs as follows A B Tibbetts, $ISTH; C. . Wright, $5¢ 7! And that the expenses of the s ographer, George F. Corcoran, in taking and tran- seribing the eviden is the sum of $300 %, his bill therefor being herewith returned. And that the costs have been advanced to euch of the sald referees by the plaintifr, The case of Willlam Rhg who was con- victed of murdcring Herman Zabn near Fre. mont, was argued and submitted to the i Al Sale Under Scavenger Tax Law, PIERRE, 8 D, Nov. 6.—(Special Tele- gram.)—The sale of property under the scavenger tax law was hegun here today. Buyers arc numerous, but there Is not much competition, property going at the minimum of 30 per cent of the taxes. The sale will continue for several. days. 885,00 $60.00 «++$75.00 $06.00 $45.00 $60.00 A nding Discovery. ow n HURON ©old Wave at Huron, From Coopersville. Mich., comes word of supreme court this afternoon. Technical | errors are relled upon for a reversal of the Judgment of the district court in Dodgo | county. » sre Nchool Funds Invested. | Treasurer Stuefer today purchased $9,000 | of Douglas county refunding bonds. This | tnvestment reduces the uninvested balance of educational funds to $54,000, Co-Operative Company. clivered from the torney general's office this afternoon o which it is held that the Home Co-opera- tive company of Kansas City can have no | authorliy 1o do business In Nebraska. An application for a license under the bulldiny and loan assoctation act was made recently to Secretary Royse of the Banking board and because of the questionable na~ ture of the contract which the company proposes to | the attorney gencral was asked for an oficlal ruling as to whether it could bo classed as a building and loun as- soclations Since that reforence anotber | company has attempted to transact bust- ness of 2 stmilay pature in this state. The opinion delivered. which was prepared by Assistant Attoriey General Rose, treats of | questionuble companies a| class und in (he particulur ease clted it 1s recommended th the application be not granted. 1t is ostimated that muny thous. and dollars have been invesiad in the compani s withiii the lasi year or two. Sec- retery Royse has bad his attention called 1o two the! atiempted 1o violate the law and it is intimated that still others have | proceeded Iikewise An opinion was at- Investment as a wonderful discovery of a pleasant tasting llquid thut when used before retiring by any one troubled with a had cough always en- sures a good night's rest. It will soon cure the cough, t00,” writes Mrs. §. Himel- burger. “For three gencrations our family has used Dr. King's New Discovery for Consumption and never found its equal for Coughs and Colds.” It's an unrivaled life saver when used for desperate lung Aiseases. Guaranteed bottles, 50c and $1 at Kuhn & Co.'s. Trial bottles tree, PENSIONS FOR WEs1 ERN VETERANS, War Survivors Reme General G WASHINGTON. Nov. 6.—(Speclal.) following western pensions have granted: 1ssue of October 18 Nebraska Original-Franklin John Youngquest, Aurora, S5, torution. relasue, ete,—As lng, 88; John Zelss, Valley i Alten, 'Columbus, $12; Sohr Grand island, $12. Original Minors of Jumes Clark. Vor- ed by pvernmen the The been Overmier wield $10; Willtam W, Sexton widows, et don, 314 Town: Original City, 38 Thomas, war with § John Wasson . Elllott, | Mifford P Ntevenson, Des Moines, ¥ rease, restorution, relssic eteAlve H. Jarvis, Waverly, 85 Banford M Vossellor, Plaintield, $10. " Original Widows, et —8pecial October 21 Flora L. Alleman, Boone, ¢ special acciued Octo ber, 18, Tda Smith, Subley, 8 South Dakota: Orfginal-Azpo M Kimball, $§ Colorado: _Original — Ufford Bradley Pueblo, 3 Original widows. ete.—§ne, crued October 21, Sarah Noffsinger. Mont. Vista, 88 Moritana s 8 Buite, 8 Columbia Bowles Original-Edson Wells Text of the Opinion. Following is the opinicn in part The Home Co perative mpany claims Lamunity (rom the laws under which build- That's all you stove or range. need to kpow about & ransack and plllage our careers. Upon this specification, 1 desire to say, the whols controversy had passed Into history long before the specification was framed; that both of the parties to it were satisfied; that the honor of the navy is not in the slightesi degree involved and the unblem- ished honor of Admiral Schley not sullied in a single place.” Mr. Wood and Mr. Potts. Mr. Rayner then took up the first specifi- cation—Admiral Schley's conduct during the campaign Now, we come to Mr. | Wood and Mr. Potts/' he began. “Mr. Potts and Mr. Wood, Mr. Wood and Mr. Poits. (Laughter in the court.) After reading the testimony of several officers as to the splendld bearing of Ad- miral Schlev, Mr. Rayner read the testi- mony of Mr. Potts to the effect that tho adwiral appeared nervous; that he “got up and sat down. “Lieutenant Potis,”” went on Mr. Rayner, “has covered himself with renown. His name will echo through the ages of un- dying fame. When Manila shall be forgot- ten and Santiago will be buried in oblivion the name of Potts shall live. Whenever an admiral or & commodore or a captain is engaged in the carnage of morial con- flict, beware of Pofts. Beware of your looks. Be careful how you walk. Be care ful how you sit down. Be reserved and reticent in your speech.’ At this polnt Captain Lemly protested against Mr. Rayner's strictures of Lieu- tenant Commander Potts and his protest led to A dramatic scene in the courtroom Rayner Called to Ord “Mr. President,” sald Captain Lemly, “I think counsel asked to be interrupted If he did pot abide by the facts. Now be is a0t Nov. 6.—(Special morning 1ing Tel turned almost | is his honor, Is his beautiful character and | gram.)—The rain this the generous spirit that animates his soul | snow, which has been and the forglving heart that beats within | cessantly all afternoon | his bosom. Yes, we cannot strike him |of the The down. Erect he stands as the McGregor | night | when his step was on his native heather and his eve was on the peak of Ben Lomond. His country does not want to strike bim down, nor cast a blur on the pure escutcheon of his honored name For three long years he has suffered and now, thank God. the hour of his vin- | dication has come. With composure, with resignation, with supreme and unfaltering season. weather 18 colder t Deep S PIERRE, ., Nov. 6.—(Special Tel gram.)—~A driving snowstorm prevails he today and Indications are for a fall of se eral Inche w In Plerre, No men perial Extra Dry Champugne in it on ask for it It ng fortitude, he awaits the judgment of this And many other painful and serious ailments from which most mothers suffer, can be avoided by the use of “Mother's Friend," ‘This great remedy is a God-send to women, carrying them through their most critical BREAS I ordeal with safety and no pain. No woman who uses *'Mother’s Friend’’ need fear the suffering and danger incident to birth; for it robs the ordeal of its horror and insures safety to life of mother and child, and leaves her in a condition more favorable to speedy recovery. The child is also healthy, strong and good natured. Our book Mo I “En,s “Motherhood,” is worth its weight in gold toevery woman, and will be sent free in plain envelope by addressing application to Bradfield Regulator Co. Atlanta,Ga. It is the first snow 1s complete without Cook's Tm- $126 Englar Phacton $100 Timpkin Stanfopes Orfent Bleycles 50 World Bleycles o- to | n- 37600 $70.00 o B o001 820.00 e | These are only a few sample bargains selected full of bargains, Sundries at at random—the store s reduced prices. Graphophones axd Records. A carload of Graphophones, Records and Supplies at prices ranging from $§ to $150. These goods were received since the fire, Every instrument and resord 1s guaranteed to be absolutely perfect in and hear our dafly concert, all day end evening Jan. Ist we move into the old Bennett Building. o- re ve Come ot H. E. FREORICKSON IGTH AND DODCE S$TS.,, OMAHA, R Takes no second place as a cough cure. It makes no promise that it cannot ful- HOWELL'’S fil. If you have a cold or . ‘ \ u' cough, get a bottle of Anti- Kawf and whenever your throat is sore or you are in- clined to cough, take a small dose and hold it in your mouth a bit before you swallow. It will heal the mucous membrane, cure the cold and stop the cough. 25 nts a bottle 2 cel