Omaha Daily Bee Newspaper, January 25, 1902, Page 8

STHE OMAHA DAILY BE SATURDAY ANUARY 25, 19¢ NE WS OF INTEREST FROM IOWA, COUNCIL BLUFFS. MINOR MENTION. Davis sells drugs. StocKert sells carpets and rugs, Metz beer at Neumayer's hotel Drs. Green, oMce 303 Bapp bloc k ‘Wollman, sclentific optician, 400 B'way. Dr. Stephenson Baldwin block Elevator Migs. Hattie Slead Is visiting Molnes, Judge Thornell & djourned yesterday to Monday Mrs. B, H. Cutler of Harlan, Ia., of Mrs. R. H chols of Glen avenue. 2 pef cent dis C. E. Alexande 3 Misgsour! oak body wood, Mam \g'plt h, 23 N. Main str The Council m‘\nul Ml;t«h-\‘vml H l‘r-.d‘lv\ of Prescott, In., z district iway. . 128, associn- her mother, Mrs. ighth street The adjourned meeting morning in_the south county courthouse. . A. Edson has been calle Mfi.. by the death of his father, Fdson. Another son, sdson, @a resident of this cify. The l'nn{\l Holiness ve an al fowa Holinegs assoclation mission on Main street and First avenue se Laura Flickinger of D ppoinied clerk of the senats com- mittes on congressional districts, of whic Benator Hazelton s chafrman. i Mrs. Maud atson of Coleridge, Neb., guest of grandparents, Rev, and Henry 1 wong. She will leave .lulluy Joit with her nunt, Mrs, A, McElrath, to Seneca. A assoclation chary with the theft Jessfe Havens, was re- on his recognizance and court until igbert, ol Y‘rum eased yesterday :\IN hearing eontinued in police this morning. D. M. 8ipe penitentiary. urning from a thr w Denver and other Col ncil Bluffs yes “Hans Han Dohany theater tomorrow night. pald that the company 18 no ordinary one and both the play and players are Joined fn the production of ohe of the most charming storles ever writte g Newell K. Birchard brought suit in the Aistrict_court yesterday for a divorce from Grace Bircha whom he married in this eity December 1#8, He complaing that he deserted him August 8, 1899, and that e has not seen or heard of her since. U, 8. Grant 1'nml’n'm|g. No, 44, Uniform rank, Knights of Pythias, will meet to- night Captain Frederick h‘ul hvnn_um- clally notified that 1Colonel Charles _l'rm'u and staff will be In Councll Blufts Febru- ary 19 to inspect the uniform rank of this city. Migs Katherine Warper, who s attend- ing the conservatory of music, at Tabor, came home to attend the Hofmaon recital in Omaha_Thursday night. Misges Jessle Parsons, Winifred Wherry and Mabel West, fellow students, accom anled her and were her guests while In this city. 8. P. McCormick of Tabor, 1a., has in- timated to Manager Risser of the Citizens’ Gas and Electric company. that he will de- mand damages for the death of his son, who was strocuted two months ago while at _work on the top of the light tower at Twelfth avenue and Sixth street. . Gabrilla Pratt, aged 78 years, dled ng at her home in Crescent. was_the widow of Charles F. Pratt, th was due to Fort Madison who ‘are re- *“vacation in points, were in visiting friends. " company will be at "lomorrow 1 It is a guard at the and his wi Th the Bhe who dled Ottober 28, Death the infirmities of old age. Four sons and four daughters survive her. The funeral will be this morning at 11 from the Latter Day Saints' church in Crescent. Rev. D. R. Chambers will conduct the services and burial will be in the Crescent cemetery. Marringe Licennen. These marriage licenses were issued yes- terday: Name and Restdence. George E. Stabell, Blair, Neb Margaretta Kubn, Blair, Nel John W. Stone, Carson, Ia Eleanor K. Ives, Macedonla Renl Enx These transfers were filed yesterday in the abstract, title and loan office ot J. W. Squire, 101 Pearl stree Chicago, Rock Island & Pacific Rall- way compuny James P. Alex- ander, 101 18, block 13, Town of Car- son, w. d Lewls H. Eldredge and wife to F. J Day, undivy of nwi swii swig 12 nd husband to ngs bank, lots 3, and b, Turley's subdiv. of outlot Jackson's add., w. d..... 4 .- C. Marxen and wife to ‘Niemann, part of block 46, Cook's add, Avaca, w. R ) Day and wife to Ne r(}e’o o Yot 4, block 27, Burns' add. ward W and G A s E‘l‘runtru. to Willls Scott, lot 6, block 2, Bayliss & Palmer's add., w. d.. H. White and wife to’ Jorgen Peterson, undivig nwis swii 12-74-44, Allen & U Jorken P Stephen rgen Peotors ('D. Davis, nwig swii 12-T4-4, w. d. .3, Rockwell and’ wife to Jo undivig nwi swig 1 Executors o . Cochran to L. . per, part of lot 3, block 6, Coch- s add., ex. d.. dose E. Turner to Margaret L. Jot 7, block 19; lots 1, 2, 7 block '265; lots 3, 4, 7 and §, block, 2 and lots 3 and 4, block 27, Hughes & Doniphan's add., except right of way of Omaha & Council nflng- Rallway and Bridge company, Fleven transters, total. DANGERS of Colds and Grip. Colds weaken the lungs, lower the vitality and pave the way for catarrh, pneumonia and consumption. Look around you at the vast number who have contracted these diseases, every one of whom owes his affliction to a neglected cold. Chamberlain’s Cough Remedy a world wide reputation for its quick cures of colds and grip and can alivays be depended upon. It is pleasant and safe to take. It countgracts any tendency toward pyeumonia. Dohany ENJOY YOURSELVES! SUNDAY, JANUARY 26 — THE “YOLLY COMEDIAN, " JAMES T. M'ALPIN America's sweetest singer, *'yodler warbler, and his splendid compan the newest and best Comedy— HANS HANSON an , presen Swedish-America Pleasing speclalties liberally Interspersed. Everything new, bright, cheerful. Prices—36c and S0e. LEWIS CUTLER p— FARM LOANS 6ol in Des court is guest beginning today. Wil- at 10 in has the serious fliness of J. M. Chalfon, 1502 South )t the Pottawnt- ot r association. will be this NS In the courtroom at.the n is also will y meeting January 31 at the ¢ this city has Age. 3 37 $13,837 "T‘heater KNOCKED DOWN AND ROBBED R W. Keene Puts Up Placky but Useless Fight Agaiast Feotjads. DRAWS REVOLVER UPON ASSAILANTS While One Slashes Him with Knife from in Front, Other Sandbags Him from the Rear, R. W. Keene, who lives north of the city limits, near Mynster Springs, was held up and rohbed while on his way home late Thursday night by two thugs, who slugged him and left him lying unconsclous in the roadway. The robbers secured his pocket- book, containing $11. Keene had reached a point on the con- tinuation of North Eighth street, between the Northwestern watch tower and the bridge, when he was suddenly confronted by a man who stepped out into thé roadwa; from. behind some shrubbery. The man' face was partly concealed with:a handker- chiet tiéd over the lower portion, leaving the eyes free. The fellow, who had a weapon in his hand, which Keene took to be a revolver, ordered him to hold up his hands. Keene happened to be carrying a revolver himself in his overcoat pocked, and instead of complylng with the fellow's de- mand drew the weapon. He was wearing a pair of thick woolen mittens and this re- tarded his movements. Before he could use the revolver the thug jumped at him and then Keene noticed that his assallant was armed with a desperate looking knife. He jumped backward and the knife descended on his arm, cutting a gash through his overcoat and undercoat. Before he could manage to get his finger on the trigger the fellow made another slash at Keene, cut- ting his coat across the breast. Keene then fired two shots at close range at his as- sailant, and is unable to account for his fallure to hit him. Keene was about to fire the third time when he heard his assailant shout, “Well, slug him,” and then: realized that he had two thugs to cope with instead of one, He turned partly around, when he was atruck on the head from behind, evidently with a sandbag, and rendered unconselous. When he recovered consclousnoss some hours later he was lying in the snow where he had fallen on his face. He was be- numbed and stiff with the cold. With con- siderable diffculty he made his way home, where he discovered he had been robbed of his pocketbook, the thugs having gone through his pockets after he had fallen un- consclous. Returning with a companlon to the place where he had been waylald Keene found his revolver pressed down into the snow where he had fallen upon it. Examination showed three empty cartridges and Keene {s of the opinion that he must have suc- ceeded in firing a third shot at the moment he was knocked unconsclous from behind. After recovering his revolver Keene pro- ceeded to the police station, where he re- ported the holdup to the authorities,, He was able to give only an incomplete de- scription of the thug who assaulted him trom in front. The man who slugged him from bebind he did not see at all. U. R. K. P. dance tonight. ESCAPES BY A HAIR'S BREADTH Alonszo Utterback’'s Horses Killed by Train While He s Un- acathed. Hughes' hall. Alonzo Utterback, driver on the mall wagon, had a miraculous escape from being ground beneath the wheels of the Burling- ton fast mall train yesterday afternoon at the Eleventh avenue and Sixth street cross- ing. The two horses Utterback was driv- ing were killed instantly, but he escaped without a scratch and the wagon was not even tipped over. The crossing is considered one of the most dangerous in the city, as the building of the Monarch Manufacturing company at the northwest corner of Eleventh avenue and Sixth street obscures the view of the Burlington tracks from the south. Utter- back was driving south on Sixth street and falled to hear the fast mall approaching from the west. The horses had just crossed the north rail of the track when the:loco- motive struck them. One horse was car- ried fifty feet and the other thirty. Both were killed iustantly, although neither showed any marks. The pecullar feature of the accident was that the wagon was not overturned, neither was the tongue broken. The reins were pulled out of the driver's hands, but he was not thrown from his seat. He naturally looked upon his es- cape as nothing short of a miracle. Several aldermen who went to the scene of the accident dlscussed the advisability of requiring the railroad to keep a flagman At this crossing, and it Is expected the mat- ter will be brought up at the council meet- ing Monday afternoon. Those who witnessed the accident sald the train was running at a high rate of speed, far in excess of that permitted by the city ordinance. The fact that the engineer never stopped the train to ascertaln what damage had been done caused considerable comment among those attracted to the scene, The team was the property of F. J. Nev- Ins, Scott street liveryman, who has the government - contract for hauling the malils between the local depots and the postoffice. Davis sells gla Avoca Now Tries Law Sult. Sheriff Cousins recelved word that Judge Macy at Harlan yesterday refused to grant the town authorities of Avoca a writ of mandamus compelling Deputy Sheriff Long at Avoca to execute the warrant issued by a local magistrate In a smallpox case. Judge Macy refused to grant the writ on the grounds that the proper person to ex- ecute the warrant was one of the town officers. Failing to secure the writ, the town offi- cers of Avoca retaliated by bringing suit against the country for $573 expenses sald to have been incurred in caring for small- | pox patients last winter. The bills, com- prising this claim, were presented to the board last winter and were rejected. No- tice of the sult, which Is to be filled for { the February term of district court, was served upon County Auditor Innes yester- | day. The bills are those of persons who were employed by the Avoca town authori- ties to care for smallpox patients. d t n Exciting Runaway on Broadw runaway about 7 o'clock last, night. A horse hitched to a buggy belonging to Liveryman Utterback got beyond control of the driver and dashed west on Broad- | way. Opposite Robinson's jewelry store it collided with a double team belonging to Dr, F, Bellinger, which became fright- . Broadway was the scene of an exciting | ‘‘Also, ened and started across the sireet on a dead run. The team ran on the sidewalk, but ewerved just in time to avold crash- Ing through the large plate glass window i Sargent's shoe store. After slipping and sliding aloug the sidewalk for a short distance the thoroughly frightened horses turned into the street again, dragging the buggy behind them, and dashed east on Broadway to First street, where they turned south as far as Madison avenue and then east on Madison avenue past the schoolhouse out into the country, where they became exhausted and were finally corralled. U. R. K. P. dance tonight. Hughes' hall. Davis sells giass. Clty Clerk's Ldenn Indersed. City Clerk Phillips arrived home yester- day from Des Moines, where, with Mayor Jennings, he attended the meeting of th lowa League of Municipalities. He was much amused at the notoriety he had re- celved over his suggestion for a change in the methods of assessing raflroads. Ile sald that while some of the more conserva- | tive meinbers of the assoclation were startled, all conceded that some plan dif- ferent from the present custom, so that citles should secure their just proportion, should prevall. Mayor Jennings did not return with Mr. Phillips, having gone with ' the legislature to lowa City, where his son Is a student In the State university. Mayor Jennings Is expected home today. J. M. Matthows of the county treasurer’s| office is home from Des Moines, where he and the members of the county board at- tended the annual meeting of the State Aseoclation of County Supervisors. A Qisplay of luscious looking apples In the window of the Burlington city office nttracted the attention of passersby yestorday. The apples, some of which were grown in Colonel W. J. Davenport's or- chard in Glenwood, represented the exhibit trom Mills county which took first premium at the show of the State Horticultural so- clety in Des Moines, at the show of the Southwestern Towa Horticultural soclety in Red Oak and at the Farmers' institute of Mills county In Glenwood.. They were orig- inally exhibited by J. W. Murphy of Glen- wood. A ecard displayed with the fruit states that 40,000 barrels of similar apples, the 1001 crop, ‘were shipped from Mills county alone. In the exhibit are speci- mens of every standard variety grown in this section of the country, their color rang- ing from a red so deep that at the distance it appears almost black, to a light yellow as bright as an orange. Mills County Pro f Apples. Plumbing and heating. Bixby & Son. Bowers Takes the Blame. When Pete Nelson, Mablon and Henry Bethers were lined up in police court yes- terday, charged with the theft of several doormats and rugs from residences on Fifth avenue Gurdon Bowers, one of the men bound over to the grand jury for robbing Lapidus’ pawnshop and Dobbins' saloos, testified that he was the gullty party. He sald he gave one of the rugs to young Nel- son, who took it home. The Bethers boys, he sald, were with him when he committed the thefts, but refused to have anything to do with them. On this testimony Judge Aylesworth discharged the two Bethers, but held Nelson until he decided what punish- ment to inflict. Judge Ayelsworth was one of the victims of Bowers' thieving propensi- tles.. A rug and a doormiat were stolen trom his residence. Gravel roofing. A. B. Read, 541 Broadway. N. Y. Plumbing Co., telephone 250. Claims Signature in Not His, John H. Gates, a wealthy farmer of Boomer township, this county, obtained in the district court yesterday a temporary injunction restraining the State bank of Neola from disposing of or attempting ‘to enforce the collection of a note for $551 purported to be signed by Gates. Gates In his petition asserts that he never signed or authorized his signature to the note and alleges that his signature on the note is a forgery. He asks that the temporary injunction be made per- manent and that he be given judgment against the bank for $250 damages. U. R. K. P. dance tonight. Hughes' hall. TO CONNECT THREE ROADS ns Reported for Joining Great Northern, Northern Pacific and Burlington. SIOUX CITY, Ta., sars: “It 18 learned that plans for a connecting up of the Burlington and the Great North- ern and Northern Pacific systems at Sloux City are boing developed in the general offi- ces of the Chicago, Burlington & Quincy company. The plans provide for an ex- tension of the Burlington's Schuyler branch to Sloux City and the bullding of a cut-off from Schuyler down the Platte valley to the Burlington's main line to the west." LUELLA PICKETT WINS CASE a Verdict Against the Sloux City & Pacifie Railroad Cempany. Jan. 24.—The Journal Recelv ONAWA, Ia., Jan. 24.—(Special Tele- gram.)—In the case of Luella 8. Pickett agalnst the Sloux City & Pacific Railroad company, on trial since January 10, in the Monona county district court, the jury, after sixteen hours' deliberation, returned a verdict in favor of the plaintiff for $2,500 and was discharged. Unconsclous from Asphyxiation. LEMARS, Ia., Jan. 24.—(Special)—B. C Custer of Moville, Ia., 27 years of age, was found unconscious in a bedroom at the Union hotel fn this city this afternoon. The gas was turned on. Custer went to bed the previous night about 11 o'clock. It Is thought the gas tip was accidentally turned on. The young man will probably die. Where He Got Off. Detective George Fall of the city hall force was riding uptown in a Thirteenth street trolley car last Friday, relates the Philadelphia Record, when a colored man of his acquaintance came in and sat down In the next seat. After a brief chat the detective sai Are you superstitious, Sam?' “No, sub,” sald Sam. “Well, i a good thing you're not,” said Fall. “There's & cross-eyed woman sitting opposite.” “Ya-ds, suh, dat's right,” chuckled Sam. “And up In the corner there is a hunch- back." “Yps, sub, I sees him." “See the number of the car up there? It's 313." “Yas, suh." “And this is Thirteenth street we are on, you know.” “You go ‘'long, sub.” ' “The cash register, 88 you may observe, shows the figures 1313 Y. suh. And this s Friday." Y it s the thirteenth day of the “Quit yo' fodlin’, man." “It Is now," said the detective, pulling out hi watch, “just exactly 13 minutes past- month." The colored man had risen to his feet “I ain't supahstitious, Mistah Fall," he sald, “but heah's where I gits offt. You do make & man mighty oncomfable." ticket | CONTEST 1§ LECISLATURE Apecial Commistes Takew Up Oless Race of Bruce and Emmert. BiLL FOR NEBRASKA BOUNDARY LINE | Senntor Mazelton Introduces Measure to Make Free Text Books Com- pulsory — H an for nieipal Telephones. (From a Staff Correspondent.) DES MOINES, Jan. 24.—(Special.)=The special committee having charge | Bruce-Emmert contest case from the Bight- centh senatorial district, took’ up the work of investigation in committee this morn- ing and made a beginning in the work. | The county auditors from Cass and Shelby were called before the committee and the | attorneys for the contesting parties made ! their statewents. The senate ordered the notice of contest and statement and the reply thereto printed in the jougnal of the senate for reference. It is expected the | committee will proceed slowly at first, and | nothing has yet been done indicating what the result will be. The fact that Dr. Em- mert had only one more vote on the face of the returns than Bruce makes it im- portant that the work should be done care- | fully. | Nebraska Houndary Line. The judiciary committee took up the mat- ter of the bill of Senator Hazelton with regard to a commission for settlement of | the boundary line between lIowa and Ne- braska. ‘The senator had prepared maps and plats showing the land affected and the manner in which the channel of the river has shifted, not only between Omaha and Council Bluffs, but also at other places along the river. The bill contemplates that the entire matter of the boundary line shall be covered. Owing to the fact {that the bills are not yet out of the hands of the printer, little could be done in this or other cases. Senator Hazelton also introduced his free text book bill, which provides for free text books in every district of the state and makes it compulsory. The bill s being backed largely by the labor organizations of the state, but is mot generally favored by the teachers. Hospital for Insane. Senator Lewls introduced the bill for an appropriation at the Hospital for the Insane at Clarinda. This glves $15,000 for a cold storage plant, $6,000 for coal house, $2,500 for engine for dynamo, $10,000 for land and $10,000 for the repair and con- tingent fund, or a total of $63,500. The sppropriation bill for the deat school was introduced by Hazelton. The {items are: Coal house, $2,500; closets, $500; | library, $400: laundry machinery, $1,200; [ype apd tools, $400; watchman's clook, $300; electrical power, $400; new range, 18600; fencing, $500; heating apparatus, | $1,000; addition to soap house, $300 setting bollers, $2,000; contingent and re- pairs, $3,000. Senator Hubbard *fatroduced a bill to authorize the governor to employ Captain J. 8. iotbrop. of Sioux City to press the state claim against the government on account ‘of the interest on funds ralsed by the state for the equipment of troops. The amount of the claim aggregates $456,- 000. Allyn introduced, by request, a bill for a commission of three to examine auc- tioneers and license them. The fee for examination is to be $5 and renewals $2. Womens' and Habies' Home. Hubbard introduced a bill appropriating $5,000 for a women's and babies' home in Sioux City. Porter Introduced a bill legal- 1zing the eight-hour day on all state work and In certain lines of private employment, especially the mines, The senate appointed two committees on memorials, one for the late Henry Hospers of Sloux county and one for the late Preston M. Sutton of Marshall county. House on Municipal Telephones, In the house Representative Sweeley of Sioux City introduced a measure which pro- vides practically for municipal telephone systems and authorizes cities and towns to establish or acquire the same and oper- ate them. Powers Introduced a bill providing that small rural schools may be closed by the directors with the approval of the county superintendent and the ,puplls be trans- terred to other schools. The bill also pro- vides that schools of high grade, employ- ing teachers with two-year certificates or with state certificates, shall recelve $50 a year from the state direct, Cummings has @ bill to glve shorthand reporters a salary of $1,500, instead of paying by the day. This is favored in the districts where there is little to do and where good reporters will not remain. Campbell Introduced a bill to make it a crime for anyone to advise, counsel or employ another to commit murder. Hamann asks an appropriation of $75,300 fr the Orphans' home at Davenport. He also has & bill for glving assistance to school secretaries n citles in making the school. census; Murriage of Octoroons. Anderson has a bill to prevent the mar- riage of white persons and those having one-eighth negro blood, the jury to deter- mine by the looks of the person the amount of negro blood iu the objectionable per- son, Resolutions were adopted in the house relative to the late Judge James Hilton of Monroe county and, pending thls, ener- getlc speeches were made by Kendall and Moon. Wilson of Washington introduced a bill to repeal the present law for music teach- ing in the schools. Warren offered a joint resolution assert. ing the right of the state to the lake beds of all meandered lakes in Towa and de- manding that the government protect this right. Both houses adjourned until 10 o'clock Saturday. COURT = CASES REAPPEAR Two Women Serving Life Sentences Desire Rehearing—Sarah Kuhn Askn for a New Tri (From a Staff Correspondent.) DES MOINES, Jan. 24.—(Special.)—In the supreme court this afternoon the case of the State against Sarah Kuhn was sub- mitted, the oral arguments being made by former Semator C. H. Mackeye and Attor- ney General Mullen. Mrs. Kuhn is serving a life sentence from Keokuk county for the murder of Charles Kuhu, her husband, two years ago. Mrs. Kuhn is only 20 years old and had been marrled to Kuhn only about six monthi He was a crippled shoemaker who had some property and ong day the two had sompe beer which contained strychnine. He took enough to cause his death and before he dled he accused her of the crime of wuyrdering him, BShe was convicted and of the| given a life sentence. is serving The defense claimed that the testimony was entirely circumstantial and made out a strong plea for a new trial The Hassock murder case, which was set for submission today, went over to the close of the term by consent on account-of Il ness In the family of Mrs. Hassock's at torney. She Is also serving a life sentence for the murder of her husband Supreme Court Decistons, which she fs now The supreme these decisions James Be'l against Town of Clanon pellant; Wright county, Judge V affirmed W, E court today handed down ap- Downie, api 4 Christlan; Wineshiek ge Fel lows: affirmed Anna M. Garner et al against Iligha Mahoney et al, appellants; Harrison county, Judge Oliver; affirmed Henry Boettger et Laura Galloway and D’ A county, r; affirmed Sam inst W, L. appellant; K county, Dewey; reversed. 7. W. Watters and L. A, Watts, appel- lants, against Laura A, D, Brown: Monona count, Judge Hutchinson; aflirm Reeelves Inheritance Tax, State Treasurer Gilbertson today received a draft from the executors of the estate of tant, against C. county, Jy . appeliants, against Simpson, Powesh Judge the late John Corwith of Galena, IIl, for | $6,300.66, being the collateral Inheritanc tax imposed by the state of lowa. Cor- with died three years ago, leaving an estate valued at $500,000, including real estate In Towa worth at least $100,000 in Hancock. Marshall and Pottawattamle counties. The collateral inheritance tax assessed against the property was resisted by the executors and sult was brought in Hancock county, which was won by the state. It was ex- pected by the state treasurer that the case would be appealed, but about two weeks ago the executors asked for a statement of the claim and today the draft for the full amount was received. Expendit ren of Board of Control. Secretary Treat of the Board of Control has prepared a statement showing where the money appropriated for the state im- stitutions under the Board of Control fs spent. The statement refers to the first quarter of the current year, but it is be- lleved that the expenditures in the past have been proportionately about the same. From this statement it appears that these contracts for the quarter have been awarded: Amount, Uent $ _( lM': To partles outside of Towa To parties In lowa., To branch houses in fowa... "Total 814 The contracts of outside parties are largely for machinery and supplies not pro- duced In Towa and obtainable only from middlemen. The foregoing does not include money paid to officers and employes, which will amount to $100,616.71. It thus appears that the total expenditures for the quarter, ex- clusive of purchases which will be made from time to time by the heads of Institu- tions chiefly of Towa dealers, will be ap- proximately $243,582.66, of which 858 per cent will go to lowa ¢ alers and lowa people and 14.2 per cent to parties outside the state. If the money to be spent by the heads of Institutions be added, the per- centage of expenditures still larger. CASTRO BARS OUT FRENCHMEN War Shi in ITowa will be | to Be Sent to Venezuela to Enforce His Right. WILLEMSTAD, Island of Curacoa, Jan. 24.—In spite of the protests made by the French consul here, President Castro has sustained the action of the Venezuelan au- thorities at La Guaira, who refused to per- mit M. Secrestat, jr., of Bordeaux, to land, although the government had previously ured the consul that the traveler might embark. It s held by the authorities that while the French line steamer St. Laurent, on which M. Secrestat a passenger, was at Fort-de-France, island of Martinique, or at the island of Trinidad, he conferred with General Mato the - revolutionary leader. The consul made inquiries on the subject which established the fact that Gen- eral Matos was not at Martinique or at Trinidad when St. Laurent touched at| those islands, but, was off the Venezuelan coast, on board the revolutionists' steamer Libertador. All the passengers of St Laurent, and notably the secretary of the Spanish legation at Caracas, assert that the behavior of M. Secrestat was always most correct and that he did not see Gen- eral Matos. ¥ A This seems to make It necessary for the French government to take steps to cause the French citizens to be respected, and it is belleved that the French crulsers Tage and Suchet, now at Fort De France, will recelve orders to go to La Gualira. The French cruiser d'Estrees is at Caru- pano, a seaport town In the state of Ber- mudez, Venezuela. PARIS, Jan. 24.—The French government this afternoon received a cable message from the French consul at Caracas, Vene- zuela, announcing that President Castro has absolutely refused to allow M. Secre: tat, Jr., ¢ land in spite of the consul's re- peated vigorous protest M. Secrestat, jr., the son of a merchant ot Bordeaux, France, arrived at La Guaira, January 14, with the intention of going to Caracas, to protest there agalnst the seizure of the estates of General Matos, by the Venezuelan government, the general’s prop- erty having been legally leased to M. Becrestat, The French government, January 16, cabled to Caracas, instructing the French consul there to insist that M. Secrestat, jr., be allowed to land, SUPREME COURT SYLLABI. 10808, People's Bullding, Ings assoclation agains from Nuckolle. Affirme vision No. 2. Reported. 1. Contracts made in Nebraska with resi- dents of this state by a forelgn bullding and loan assoclation, if made by ts o such assocations within this state, are Ne- braska contracts and their construction, valldity and enforcement are governed by the laws of this state. 2. The provision of the homestead assocla tion act of 1873 did not exempt foreig bullding and loan amsociations from the penalties of usury 10301, Teske against Dittburner. trom Madison. Reversed and Ames, C.. division No. 3. Report 1 Anh alleged oral agreement between a son and his parents that upon the death of the latter he shall become vested with the title to the family homestead in con- sideration of his carrying on the business of the parents and providing them with a home and maintainance is vold. 10906, Mead against Hoover. Appeal from Buffalo. Affirmed. Norval, C. J 1. A decree foreclosing u real estate mort. gage Is suffcient authorlty to the sheriff to make the sale thereunder. 2, Mere clerical errors in an order of sale which are not prejudicial will ot fnvall- date a sale made in pursuance t 3. A sale will not be vacated merely | cause the notice of sale does not correctly | state the date of the decree was rendered | where the notice otherwise with sufficlent accuracy describes the decree under which the sale was made. 10010, Cross against Leldich, Buffalo, Affirmed. Norval, C 1. A sale of real estate under a deeree foreclosing & mortgage will not be set aside merely because the oficer dld not return the order of sale within sixty days trom the date thereof, 2 That the meridian in which lands are situated I8 not ed In the notlce of sale will not invalldate the sa under, when the county, (o tlon and part thercof are co in the notice. Loan and Sav Shaffer. ~ App Oldham, C., di- Appeal dism b Appeal trom 3. The statute does not require that u sale Downingj Cedar | | Ing CHILLS? IT’S GRIP! Duffy’s Pure Malt Whiskey Cures Malaria, Grip, Consumption, Bronchitis, Asthma, Catarrh and All Diseases of the Throat and Lungs. Grip s an infeotions disease, which at- cks weak and strong allke, especlally if the blood Is sluggish, and generally involves the mucous meémbrine of the alr passages from the nostrils down te and including the lungs. Serfous complications are lable elop In the coutse of the disease, a8 grip settles In the weakest part of the system, sometimes the kidn %, the brain, the stomach or the heart, resulting often in heart faflure, but the most dreaded of all, penumonta, which is particularly fatal when arising from geip. The fatalities resulting from this diseass within the past few years have sufficlently aroused doctors to the Importay of glv. ing the malady the closest investigation Duffy's Pure Ma't Whisl {2 the only absolute cure for grip, influenza, asthma b chitis, catarrh, consumption and ail discases of the throat and lungs: it _pre vents_eomplications and bad after-effects thats gr aften es I the system Duffy's Pure Malt Whiskey not only kills the gorms, alds digestion and tones the action of the heart ¢ Dr, Willard H. Morse, the wellcknown Bacterlologlst, says DUFFY’S PURE MALT WHISKEY is the only absolute cure for grip and consumption Gentlemen—My family had “La Grippe." pu'led three of them through with Duffy's Pure Malt Whiskey and milk WVILLIAM H."YATES, Rochester, Mich., lept, 13, 1901, but 1 CURED GRiy Gentlemon1 take pleasure in dropping jou a few lines to inform vou that I haye n cured of a attack of grip by using your Duffy Whiskey My age_ ls 10 vears. ELIZA W REAM, 711 Cherry 8 ading Pa. Dec, 11, 1901 Gentlemen—Duffy's Pure Malt * Whiskey has been of great benefit to me,” I'do not think it safe to be without It," epecially the grip s about. Mrs. H, COR Ph S, Philadelphia, Pa ar Mr R only whiskey recognized by the nment ns a medicine. This Is a gaar- Al drugglsta and grocers, or direct, . FREE—If_ you sick or run write Duffy Malt Whis wtem N. Y. All correspondence in strictest —confidence, It will nothing 16 learn how to regain health, strength and vitality, Valuable medic let froe. Two game counters for whist, euchre, eic, sent free. Send 4 - cents stamps o cover postage. . antee. 51 bot are dow key Co Y you merely b the notice of sale does not state the amount due on the decree. 2. Evidence will not be reviewed where it is it disclosed that all the evidence ad- duced in the court below is contained in the blll of exceptions, 10914, o against Gombret. ckolls. Affirmed. Albert, 3. Reported 1. Where one entitled to a patent to land from the United States, but before it {ssues, conveys the porting to o for filing an appeal nd will not_justi the district eourt in refusing to dismiss an appeal on - the ground that the undertaking was filed out of_time. 5. Where the docket of a justice of the peace shows that the case was taken un- der advisement, the parties are boand to | know that the decision must be tendered [ Dot later than the fourth day_ after the rial, land to another by deed, pur- | 1206, the fee, and a patent | Douglas. subsequently issues to such grantor for the | ruled. Norval, . J land, he will not be heard to assert title | 1, Whero cause is properly revived fn under such patent as against such grantee. | this court in the nume of the administrator 2. One claiming as a purchaser without | of a deceased person defendant in error, notice under the provisions of section 16, | no summons in error is uired to be cha Compiled Statutes, Is charge: |gerved upon that sdministrator. able not only with notice of such facts as | 2. The serving of the conditional arder of were known to him, but also with notic review confers jurisdiction upon the sub- of such facts as he might have learned by | stituted party. the exercise of ordina care and diligence. 2. A summons In error ma: 3 Where an_ Mstrument constitutlng a | gerved vpor the attorney of record in the link in the chain of title which a purchaser | trial court in the original case, thoigh at proposes to buy is lacking and such pur- [the time of such service the defendant in ghaxer buys without inspecting or demand- | error should be de N Inep: lon of such instrument, or 2107, V& the record where it s spread at length as | trom Cherry, - Amrmene iolrmin, required by law, such purchaser Is charge- 1. Evide e examined and held l.||||\<'|4'r|t able with notice of any fact appearing on | to sustain the verdiot of gullty returned by Ilfilli(‘l' of such Instrument affecting Its | ¢ Jury. d B 4 2 Where the testimony s conflicting and '| A party, out of possession, may main- | js" fairly submitted to a jury a Tew trinl taln a sult In_equity to _quiet’ the ‘title to | wil 1ot be granted It fhe: testimony is ::;x:‘l griats. Tollowing Byats agalnst Na- sufficlent to sustain the verdice. Murphy 3 . o 9 agninst Sta 15 fr‘n':?‘nu"f).:fll.m"\'m ! \,\\ !|_nr|\n(< ?m"fll 3 In an instruction In a eriminal prose- Affirmed. Norval cution to the jury relating to the credibil- fav il presumptions will be_indulged In | ity of witnesses and tho welght to be at- T o Ahe Tgness of an pppralsement | tached to the testimony of each. it Is not ey on ot error to charge that the jury should con- G AD SeRAtRation of o sider the relationship, It any’ is &ho re sale wil ¢ any witness to the defendant. m“lm l.l‘h'nrhr n; sale w not returned 12467. State ex rel. Cobb againat Faw- within sixty duys from lts date. @ vom | cdtt: Original, “Mandamus, Writ llowed Gosp Affirmed. Sullivan, J. Hastings, C., division No. Reported. - v 1, Matters merely in the judge’'s mind nd which were in no way a part of the ublic proceedings at a hearlng, Bre not properly a part of a bill of ption and one who is refused a bill xceptions, unless such matters are incorporated, I8 entitled to a writ of mandamus to compel the settling of a bill which shows the ac- tual proc g8, 10403, Swofford 13 against Cowgll versed and No. 1 [v. m. on the last d; bon Error from C., diviston Link against Reeves, Trror from Objection to jurisdietion {s over- properly be against mortgage fore- ted merely be- 1. A decision of the trial court based upon competent evidence, not intrinsically im- probable, will be sustained even though the reviewing court may think the preponder- ance of the evidence Is opposed to the con- clusion reached. 10033, Uniand against Crane. Appeal from Washington. Affirmed. Holcomb, J 1. An objectfon that an appralser of real estate appraised for judicial sale in fore- closure proceedings is disaualified comes too late if it be not interposed unti] after sale andywhen confirmation is asked. The objector In _such case will be deemed to have walved the objection. 2 Where real property sold sale sells for more than,two-thirds of its alleged value by those objecting an objec- tion that 1t was appraised too low |3 un- availing 10049, People’s Bullding, Loan and Savings awsoclation against Cook, Krror from Cass. Affirmed. Sullivan, J 1.An appeal vundertaking flled with a justice of the peace on the eleventh day after the rendition of a judgment is not an effective procecding. 2 A case removed to the district court from w judgment of a fustice of the pence in rightly’ dismissed If the appellant, by reason Of his own laches, fafled to file an appeal bond within the ' time by statute for that purpose 3. One learned In the law s not justified In relying absolutely on the legal conclu- Hlon of o justice of the peace touching the time when aa appeal bond should be filed And this rule holds even though the justice Cconsults an almanac before stating his con- clusion. i. The bare fact that a justice of the peace was not at his office after 5 o'clock ' Dry Goods Company Error from Phelps. Re- ; remanded. Hastings, C. on No. dence examined and held sufficlent to require submission to the jury of question f lability on the part of deféndant in rror, as partner, in the purchase of the goods for whose price the action was brought, and action of trial court In In- structing for verdict for defendant there- fore erroncous ews Publishing Company Appeal from ed. {astings, € Division No, 1 The fact that a chattel mortgnge was withheld from record from January 17 to March 12, following, with intent to avold injury to mortgagor's credit, does fot ren- fer it fradulent gainst one whose first lealing with mortgagor was on Apri afterward, and who does not appe have examined the chattel mortgage rec- ords during the transactions. 10602, Rohrer against Fassier. Webster. Roversed. & No. 2 Sales of real estate upon foreclosure of tax liens should be, as far as practicabl the same as upon 'mortgage toreclosure and unless the decree provides otherwise the tracts or lots must be appraised and sold separately. StopsPain at judicial against JLancaster. Re- limited Ertor from dgwick, C. Division )\ omeea Oil Pains are very much alike. As the old saying goes, “Six of one are half a dozen of the other.” The princi- pal difference between pains is the names given by doc- tors. The name doesn’t amount to anything. If the pain is in the back the doctors call it one thing, and if it is in the leg they call it another, and yet if they should change those names the pain would hurt just as bad. Omega Oil stops pain. The trouble may be in the neck, shoulders, back, arms, elbows, wrists, hips, legs, knees, ankles or feet. No matter. Omega Oil puts out pain in all parts of the body just as water puts out fire in all parts of a house. It has been tried so often that there is no longer any doubt about it. Hundreds of thousands of real estate under a mortgage fore ul;ul{ be held open for any spec of time, 10912 Dedrich againat Gillespie. Aynell from Buffalo. Affirmed. Norval, C. J. LA tdlolel sale will Dot ha' set asida. sure length of bottles have been used and given satisfaction every- where. Omega Oil stops pain, and don’t forget it. Omega Oll is good lor everything & liniment ought to be good for, (]