Omaha Daily Bee Newspaper, March 30, 1903, Page 2

Miss Blanch Stubbs of Cozad won first hon- ofs, and socond place by Miss Cora Ship- ton of Gothenburg, In spel Nolls Kragh of Loxington won first place, and Mies Bes- #le Briggs of Cozad second. In the grades, Roger Willlams of Gothenburg won first place In written test and Morris Lovering of Lexington second. In oral test, Morris Lansing, first place, and Miss Gertrude Merritt, second place. The first places will ropresent Dawson county in the distriet contest at Grand Island, Neb, Boy Hurt by Horse. TABLE ROCK, Neb., March 20.—(8pecial.) «EBugene Wood, the 12-year-old son of Mrs. Lillle Wood, was the vietim of a runaway aceident when visiting at his grandfather’s, three miles southwest of here, Friday after- noon, and as & result lies at home with throe ribs broken and other severe brulses. He was riding near the place of D. K. Mil- Jer, on horseback, and was thrown from and dragged fifty yards or more grove of trees, and when rescued was carrfed into the Miller home, sup- powedly dead. Aurora Wants Normal. AURORA. Neb., March 20.—(Special.)— There is quite a little excitement here over the prospect of Aurora being selected as the site for the mew state normal. A . meeting was held Friday evening in the courthouse for the purpose of considering the feasibility of trying to secure the same, John Woodward, county superintendent, moting as chairman. Committees were pointed to take active measures In raising the amount required. The attendance was large. Nebraska University Notes. The senfor class of Friend, accompanied &7 Principal Miss Helen Dorwart, visited o university Friday. The Elien S8mith memorial program wiil be held in Memorial hall on the morning of April 24 from 10 to 11 o'clock. The rnflnnfln: soclety will give a_ban- uet at the Lindell hotel Saturday night, pril 2. This will be the first banquet in the history of the society, but it will prob- A regular annual feature in f the Rush Medical Ts the commencement ha department, Uni- versity of Nebraska College of Medicine, on Ma nnounced his subject to be “Th eine.’ jor B, B iall of thy cadet battalion will leave the university May 15 to enter ths ‘Weat Point academy. ' Commandant Chass snnounces that the vacancy caused by the depariure of Major Hall wiil be fillel by ths (:Au:(l!n of the company winning the Omaha Tha following will be the order of con- ocation exercises for this week: Tueaday, f. H. R. Bmith on “Animal Husbandr, ‘'ednesday, Hon, James Manahan on "'l!h' rish L eetion v, De. B C. wearingen o Presbyterian church; Friday, musie, 4 Tho thirty-first annual meeting of tha Nebraskn Chemical soclety will be held in Foom 4 of the chemical laburatory Monda evening, March 30. The program wiil con. st of a_discussion on ““The Physiological hemistry of Urie Acld,’” b (i} tokes of the Bchool of M Il Interesied are invited. About 200 members and friends of the three literary socleties of the university were present at the intersoclety party held in the art studio Friday night. The hall was decorated with ferns and flowers, At & stand in a remote corner deliolous punch Was perved. Early in the evening Chancel- lor Andrews came in and spent some time [Ppeung and converstn with ‘the guests. he first feature of the program was a conversational course. Each one present furnished a card with a list of ten well chosen toplos for conversation. Op- te each subject was a blank for the lose d march to b with great merriment. After the m Buests seated themseives around room and listened to the following my Fieno solo, Miss Sargent: reading, tan st Violin solo, Mr. Husted; sone: 6 quartet; trom! «Comnell. Durini the' progress of “the pra: refreshments, conaisting of 1 ers and candy. wers servad. Tho pares T g omplete diccess and méma;ly an- RUSSIANS OPEN NEW CHURCH Representatives of Many Coun- tries Marks Dedication. CHICAGO, March 29.—With the plctures- que rites of a religion which has attained all the opulent symbolism of anclent Byzantine civilization, the Russian ortho- dox church, which stands, a transplanted bit of the old world, on the corner of Leavitt street and Haddon avenue, was consecrated today. Five hundred Chicago people, present as invited guests, witnessed the services, side by side with the humble and devout Slav peasants, who compose the congregation. The ceremony was performed by Rt. Rev. Tikehon, bishop of the Aleutian islands and North America, aided by twelve members of the Russlan priesthood from different parts of the country. Russia was represented officlally Ly Baron von Schlippenbach, the consul; Prince Engalitcheff, vice consul; R. C. Hansen, first secretary of the embassy at ‘Washington; Captain A. G. Butakoff, naval attache at Washington, and Colonel N. W. Raspohoff, military at . The consular representatives of all the European pow- ers were also present to do honor to the esar. Bishop Grafton of Fon Du Lac pald the reapects of the Eplscop:tan faith to th eastern church by taking an aotive part In the ceremony. Throughout the services the Russian and American flags waved on each side of the .sanctuary, WOMAN SHOOTS JEALOUS MAN Enraged at Lover's Blow She Maims Him and Then Kills Her- welt, WICHITA, Kan., March 29.—Eoraged by the abuse of Newton Green, a oity employe, Georgla Bentley, aged 26, shot him and killed herself in their room in this eity. Green wi Jealpus because the woman was rocel the attentions of other men, and whep be struck her she grabbed a re- volver from umder a pillow and ehot him in the hip.. She then shot herself through he was the mother of two young A COUGH . /CONUNDRUM When is a cough more than a cough? \ When it's a settled cold. Whehn it hangs on in spite of all you can do. Cough mix- tures won't cure it because they are merely for a cough and this is something more, Scott's Emulsion cures the copgh because it cures the u‘x:ething more. It heals and repairs the inflamed tissues where the cold has taken root and prevents its coming back. We'll sead you s samplc free wpos request © SOOTT & BOWNE, oy Posct Strwss, New Vork. ', R THE OMAHA DAILY BEE: MONDAY, MARCH 30, 1903, MINING IN THE BLACK HILL Prospecting is Not Interrupted by the Deep Bnows on the Trails. CUSTER Severnl Good Ore Bodies Discovered BOOM N PEAK COMING DEADWOOD, 8. D., March 29.—(Special.) —The deep snows of last week, which covered the trails throughout the mining district to a depth of three and four feet, has not, weemingly, interfered with the prospector and his work {n the moun- tains. It has kept those who are develop- Ing properties close to their ground and the result has beon that more work has been done during the past ten days than would otherwise have been accomplished. rties in from Raspberry gulch, in the Custer Peak district, say that the work In that neighborhood has uncovered sev- eral good ore shoots, the material all being of high grade from the standpoint of a eya- niding propoéition. This district has not attracted much attention, but should the reports which are coming from there prove true, this spri will seer a great deal of work dome there and the installation of much machinery for the better working of the mines. On the Fassold group of claims two large shoots of saliclous ore have been exposed in the workings, both of them carrying good commercial values. It is too early to talk of putting in treatment plants there, but the owners belleve that the developments now under way on the ground will, before the spring has passed, warrant them in making arrangements for the erection of a treatment plant. The Custer Peak company, which owns a largo acreage of ground in this vielnity, yhas kept a force of men engaged all of the winter developing its properties, and has met with flattering results, seversl good ore bodies having been discovered. It is sald that the company will increase its working force just so soon as the roads get in condition to allow the transportation of heavy machinery to the different work- ings, and that the developments will be carried on on an extensive scale. Damage of Fifty Tho The damage to the Hidden Fortune com- pany by the destruction by fire of one of its shaft houses and holsting and air compressor plants last Wednesday night will amount to at least $50,000, the de- struction to the timbering in the large three-compartment working ehaft having been greater than at first supposed. The shaft will have to be retimbered and re- equipped for a depth of at least 150 feet, and some idea of the cost of this work alone may be had when i is stated that each of the three compartments is 4%4x5 feet in the clear, timbered with squared twelve-inch sets and lagging.' The com- pany’'s superintendent has prepared plans for a new shaft house, which will be 120x 60 feet, with a drying room for the use of miners to change their clothes when com- ing off shift. The new building will con- tain a holst capable of lifting material from a depth of 1,000 an alr com- pressor plant, large enough to furnish power to run twenty-five drflls, and an electric light plant for lighting the work- ings underground and the buildings. It will be a much better plant than the one destroyed, and work upon it will begin at once, the machinery having already been ordered. The destruction of the plant at this point will not interfere with the starting up of the company's big mill on ‘Whitewood creek, below Deadwood, which 18 scheduled for Aprif 1. This plant was to have been in operstion by the first of the year, but a rallroad accldent, in which a great deal of the machinery entering into its equipment was destroyed delayed the completion of it. It will be started on the first, so the management says, sure, and it is expected that the iInitial run of the big plant will meet with the expecta- tions of those interested; at any rate the people of the Hills will be disappointed should it not do so. L. P. Jenkins of Lead will take posses- slon of the United States assay office in this ecity on the first of the month, re- lieving P. J. Miniter of Chicago, the pres- ent superintendent. Mr. Miniter has made an efficlent officlal and while the people are sorry to see him go out of office they have always felt that the position was one which belonged to the Black Hills and the appointment of Mr. Jenkins of Lead has been a most popular one, especlally with the mining men of the country. Mr. Je kins will retain the present office force. Vin ceeds Clinton. N. W. Chapman has resigned the posi- tion of superintendent of the Portland and Clinton Mining companies, and has been succeeded by H. 8. Vincent of Deadwood. Under the management of Mr. Chapman both of the companies have been very suc- cesstul, and as the now superintendent is a man of experience and practical mining knowledge, the companies will lose noth- ing by the change. The Golden Reward Mining company is mining on an average of 250 tons of ore a day from its four mines near Terry, the Tornado, Double Standard, Fannle and Sun- dance. Of this amount 150 tons a day are being shipped to the company’s cyanide plant in Deadwood, while the balance s di- vided between the smelters at Denver and East Helena, Mont. The high grade ores are being shipped to the smelters, while the lower grades ard being sent to the cyanide plant at Desdwood for treatment The cyanide plant of the any has been rutining continuously, alth but part of the stack capacity of ihe blg smelter of the company has been idle since the labor troubles of last ¥ear. ‘It 1 said that the company may agait start up the smelter at its full capacity -before long, the rich smelting ores which Has ‘made the mines of the company famous oceurring In larger bodies and with higher values. Bx-General Manager Holbrook of the Horseshoe Mining company is-qut In a cir- cular to the stockholders of the eohogrn, in which he endeavors to/place the blame for the present tangled shape mluneom- ny's affairs upon the shoul the - gement. It s interdeting reading for the stockholder, but poer cemsolation. The new management, however, apbears to be iIn earnest with the Peforms which it proposes to inaugurate, and the Hill engage in a systematic search for It, he Abandoned work. He simply worked the ore mear the surface, and took only what was easy to get out. The property last year came into the possession of the La- cotah Mining company, the principal stock- holders of which are Peoris, Ill., men and since that time it bas been recelving tematic development. The work has di closed a good vein of ore at a greater depth than the old workings, which car- ries ore free milling for the greater part, but with some of the values not amenable to amalgamation. The vertical is a strong one, and all of the veln matter will pay to run through a stamp mill, the values which woul be lost at present mot amounting to much, but as the experience of all who have followed mining in this district shows, that the ore in the mines grows refractory with depth, the company will probably dis- mantle the present little mill and bifld a new onme of twenty or forty stamps, and make arrangements to retreat the tailings, probably by the cyanide process. The prop- erty is regarded by all who are familiar with it as belng one of the best in the nelghborhood, and with the proper kind of a treatment plant installed should be made a paying proposition. Holy Terror's Keystone Ve The Holy Terror Mining company at the present time is devoting its attention to a thorough exploration of the Keystone vein, which was struck in a drift from the 900- foot level of the Holy Terror. It is re- ported that {mportant ore disclosures have been made in the workings, sufficlent, in fact, to keep the mill of the company work- ing for an indefinite period. The manage- ment of the company is now 1n good hands and when the mill does start up agan it will be worked to the proiit of the stock- holders. The Clara Belle company has purchased the hoisting plant of the Rdna Exploration company of Garden City and will move it to its ground near this city. The plant will be installed at the new working shaft of the Clara Belle, which has been following the veln, and which now has reached a depth of 190 feet. The holst will be used to take material from the shaft, which at the present depth is in ore, and will re- sult in the company's mill again etarting up. The ore of the Clara Belle Ja very rich, and if it is possible to save all of its values by the free milling process it should prove to be another Holy Terror. Finding Coal Near Whitewood. WHITEWOOD, 8. D., March 27 —(Spe- clal)—A diamond drill has been put in operation south of Whitewood for the pur- pose of exploring the lower formations for coal. T. E. Peters has lately secured con- trol of 2,000 acres of land in the vicinity of Whitewood and will continue his ex- plorations during the coming spring and summer. The formation is right for coal, while the indications in numerous places are good. Quantities of lignite have been found close to the surface, but it is be- lleved that at a greater depth a good grade of bituminous coal will be found, which can be easily worked from the surface. The discovery of a deposit of coal so close to Lead and Deadwood would mean untold riches for its lucky finder, being a better paying proposition than the bust gold mine. ROCHFORD, S§. D., March 29.—(Special.) ~The work of moving the machinery from the rajlroad to the ground of the Co- lumbia Mining company in the Hornblende district is going ahead, despite the bad roads, and the management hopes to have it in place during the next month. The Columbia owns 600 acres of land near Rochford, in Pennington county, part of it being on Silver creek and part on Castle creek. The company has started a shaft on a free milling vein, and has already sunk 1t to'a depth of 180 feet. When the new machinery 'is installed this shaft will be sunk to the 200-foot level, a station estab- lished and drifting along the vein begun. The Columbia at this point has a good vein of ore, a part of which carries better than average values, and It is probable that arrangements will be miade to erect a mill upon it this year. A party of the stock- holders, chaperoned by the officers of the company, visited the ground this week and inspected the property. TO CURE A -COLD IX ONE DAY Take Laxative Bromo Quinine Tablots. All druggists refund the money If it fails to cure. E. W. Grove’ goature on each box 26e. IMMIGRATION PASSES RECORDS Sixty-Four Thou tlers Land at New York in Month. NEW YORK, March 20.—Immigrant ar- rivals at Ellis island today broke all recol for Sunday. By nightfall, when Commissioner Willlams' staff had sifted through the great mass brought in by Philadelphia, Campania, Savole and Graf Waldersee, it was found that 4,569 had passed the chutes and were either speeding to their new homes or awaiting further in- vestigation in the detention compartments. This is the beginning of the rush season for immigrants and this year's record is expected to exceed all others by many thou- sands. During March of last year 54,000 forelgn born persons were passed through the bureau. This year March, with two days yet to come, has brought 64,000, while tomorrow and Tuesday will add perhaps 10,000 to the i SKYSCRAPERS ARE MENACED Ohica Structural Iron Workers Threaten Strike for Rejected Increase. CHICAGO, March 20.—8tructural iron workers, the men who bulld the framework of skyscrapers, threaten to tie up building operations in Chicago with a general strike on Wednesday because the contractors have refused to sign an agreement grant- ing them 60 cents an hour, or an increase of 10 per cent in wages. At a meeting tonight the union appointed a committes to meet the comtractors to- morrow and if the scale Is not signed it was agreed that & strike is the only al- ternative. FAMILIES FIGHT FATAL FEUD Three Are Killed and Two Recelve Injuri in Kentueky etta. people have hopes that it will pull t company through all right, but know that it will take a good time to remove from its operations the faint of “get-rich- quick.” Grizsley Bear to the Fore. HILL CITY, 8 D., Maroh 29.—(Speecial.) ~—The Grizsly Bear Mine, five miles east trom Hill City, which in the early '80s was worked by Robert Flormann, and which on the surface produced a grest deal of rich ore, will again become an active producer should the plans of the Lacotah Mining compan. \ol now has possession of the ground, not fall through. Mr. Flormann worked the mine {n 1880. treating the ore which be took from it in & one-stamp mill, crushing about three or four tons a day. He was particular as to the quality of the ore he worked, taking nothing but the richest 4nd hunting for it all of the time, paying no attention whatever to the development of the property, apd the result that be soon lost the vein and not having the means or the facilities at that tme to LEE GITY, Ky., March 29.—In a fight to- day between the Howard and Maus families of Morgan county, Nicholas Strickland was Kkilled and Charles McCormick and Clay Ross were fatally wounded. Willlam Maus and Robert Howard were also gounded. Miners Get Raise. JOHNSTOWN, Pa., March 29.~The Ber- wind White company of Windber, employ- ing 4,000 miners, has posted a notice of an advance of wages to machine miners of 12 per cent. Motormen increase from 24 to 30 cents an hour. Spraggers increased from 20 to 26 cents per hour. Labor, 10 per cent. The new scale goes into effect April 1. Prints Magic Press Messages. LONDON, March 30.—The Times this morning publishes two dispatches from New York, which it announces were transmitted by the Marconi eystem of wireless teleg- raphy. The dispatches contained about 180 worda, PLANS ~ FAIR DEDICATION 8t -Lounis Board Arranges Program for President's Visit. MASSED TROOPS TO PARADE STREETS Salutes Milttary Mark First Day of Sonmw, Speech Parade Wi ST. LOUIS, March 29.—The program for the three days' dedicatory exercises of the Louisiana Purchase expesition was adopted this evening. The dedication of the bulldings will begin on April 30, on the cetennial anniversary of the acquisition of the Loulsiana terri- tory by France, and continue through May 1 end 2. The principal ceremonies will be on April 30, when President Roosevelt and former President Cleveland will be among the speakers. At 10 on that day the freedom of the. city will be tendered the president of the United States by Mayor Wells. Then will follow the military parade, composed of United States troops and National Guards of various states. These bodies will be assembled under the direction of General Corbin, the grand marshal, and will move, preceded by the president and offiolal guests In carrlages, through Forest Park to the exposition grounds, where the presidential salute will be fired. From a grandstand on the exposition grounds the parade will be reviewed by the president. Promptly at 2 the assembly in the Liberal Arts bullding will be called to order by David R. Francis. The ceremonies will be as follows: Invocation by Cardinal Gibbons. Introduction of Hon. Thomas H. Carter of the national commission, president of the day. Grand chorus, “The Heavens Proclaim- ing.” Presentation of the building by Presi- dent Francis. Dedlcation address by the president of the United States. Chorus, “Unfold, Ye Portals.” Address by Hon. Grover Cleveland. “America,” with full chorus and band accompaniment. Prayer by Bishop E. R. Hendrix. Benediction by Rt, Rev. Henry C. Potter. Centennial salute of 100 guns. On the morning of the second day mem- bers of the diplomatic corps, the represent- atives of foreign governmente to the ex- position and other officlal guests will be escorted to the Liheral Arts building, where Corwin H. Spencer, chairman of the committee on ceremonies, will call the meeting to order. John M. Thurston of the national commission will be president of the day. President Francis of the exposi- tion company will extend a greeting to the representatives of the foreign governments and there will be addresses by the French ambassador and Spanish minister. The civic parade will be held on the third day and will be reviewed by the governors of states. In the afternoon Willlam H. Thompson, chairman of the committee on grounds and bufldings, will call the meet- ing to order and Willlam Lindsay of the national commission’ will act as president of the day. Governor A. M. Dockery of Missouri will deliver an address of wel- come, which will be responded to by Gov- ernor Odell of New' York. Immediately after the close of the ceremonies the gov- ernors will proceed ‘to the bulldings re- served for their réspective states, where cornerstones will bé*laid and state colors will be raised with éppropriate exercides., DISPUTE PENNELL POLICIES | Insurance Companies Hesitate to Pay Cash Due Burdiek Sus- pect’s Life, BUFFALO, March 29.—Tomorrow morn- ing Judge Murphy will reopen the inquest into the death of Bdwin L. Burdick. Three or four witnesses will be examined and the inquest will be closed. Alexander J. Quinn and F. G. Hall King, respectively bartender and cashier of ti Hotel Roland, New York, in whose pres- ence, it is alleged, Arthur Pennell threat- ened to kill some one, arrived today and will be the first witnesses called. The clerks in Walbridge's hardware store who sold Pennell a revolver on the morning after the murder may be called to tell what they know about Pennell's strang actions on that morniag. After the Burdick inquest is closed the official inquiry into the death of Pennell will begin. District Attorney Coatsworth will be present during the examination of witnes in the Pennell inquest, but Judge Murphy will conduct the inquest and ques- tion witnesses from the bench. Former District Attorney Thomas Pen- ney will represent the Pennell family. Several attorneys representing accident in- surance companies in which Pennell was insured will be present. It is known that some of them are inclined to contest the payment of policles. Pennell carried $35,000 in accident insur- ance, none of which has been pald. Besides that, his life was insured for $215,000. The policies, with one exception, were taken out four or five years ago. The sulcide clause gives one year from the date of lssue as the term during which the insurance, if death was by suicide, would not be pay- able. Of the $185,000 insurance which is incontestible four policies amounting to $30,000 have been paid. Them in the B constipation or billousness take Eleotric Bitters. It cures or no pay. Only 50c. For sale by Kuhn & Co. MORGAN PLANS BIG ART GIFT Proposes to Build Gallery and Present Treasures to Am People, NEW YORK, March 29.-There is excel- leut authority for stating that J. Plerpont Morgan is planning to bulld a splendid art are now abroad, scattered over coutinental Europe and England. “This much can be said definitely,” sald one of Mr. Morgan's friends, ““that Mr. Mor- gan has not made his vast collection with a view of keeping them secluded for the personal enjoyment of himself and his triend; o is planning to house all his collections In some one place, and It Is likely the great museum of art which he No Dessert More Attractiv ve in the package. Simply add hot 'water and set to ecol. It's perfection. A sur- prise to the housewife, No trouble, less ex- In Four Pruit Fla Btrawberry, Rasp- will establish will be - offered as a gift to _——— SUPREME COURT SYLLABI The following opintons will be ofclally teported: kner against Simms. from Harlan. Former judgment modifie ! and a to. Pound, C. Divielon No. 2. 1 In passing on findings of fact upon ap- rcll the t Appeal reviewing court should go over all @ evidence and reach its own conclusion ereon, EIVIng such welght to the deter- mination ¢f the trial court as to credibility of witnesses and its finding on conflicting eyidence as, under all the circumstances of the case,’the nature of the evidence be- fore the trial eourt, and that courts s clal opportunities, It any, for reaching a correct solution, such finding may be en- titled to. 2. In ordinary cases, where the evidenco is entirely oral and the trial court may be presumed to have had a general iocal owledge of the parties, the witnesses and the subjects of controversy, the finding of the trial court is often entitled to almost decisive welght. 3A finding on conflicting evidence in such cases will be adhered to unless clearly wrong. But If clearly wrong it will be set aside, notwithstanding there may be some competent evidence in upport thereof. Sey- mour v. Street, 5 Neb., 8, approved. 4. Dicta in prior opinions of this tourt with respect to review of findings of fact explained and qualified. The statements that the reviewing court will not “‘welgh conflleting evidence, that it “will not feview findings on con- fleting evidence” and that * indings on conflicting evidence are conclusive,” as an- nounced obiter in several prior decisions, roved. 7 6. Where & finding s based largely upon deposiilons or ‘written testimony, as to which the trial judge has no special ad- vantage over the reviewing court, the rule that his findings will be adhered to unless Sleariy wrong does not apply with the sams 7'.‘}0( In such case, it the oral testimony is evidently the basis of the finding or the written testimony relates to matters as to Which the trial judge is better able to reach a satisfactory conclusion than the reviewing court, the rule may be applie ale v. Dahigren, Neb., 92 N. W. Rep., 632 M!'x"t National Bank v. Waldron, 60 Neb., 8. If the evidence before the trial court & entirely written nd relates to matters as to which the trial judge is In no better position to reach a correct solution than this court, the rule has no application, and this court should be governcd by its own conclusion as to the weight of the evidence. 9. In furtherance of jusiice, where a finding is set aside on appeal and the for. mer frial was unsatisfactory, instead of entering or directing a new decree, (his court will remand the cause for further proceedings. 1143, National Ald Assoclation against Bratcher, Error from Clay. Former judg- pent adehered to. Albert, C. Division 12076, Peycke against Shinn. Error from Rouglas. Reversed. Albert , C. Division ‘Where it 1s soyght to establish a con- tract by letters, there must be evidence tending to prove that they are In the hand- wiling of' e detendant. or - that " they came from him or his authorized agent, or were recelved in due course of mall in answer to letters duly malled to the ad- dress of the party sought to be bound. 2. Ordinarily to justify the receipt of a copy of a private writing In evidence it must appear that it is a true copy of some writing, admisaible in evidence, which has been lost or destroyed or which is in the posseselon of the adverse Darty, who re- uses to produce 1t upon due notice. 3. If & message to be sent by telegraph s not reduced to writing by the sender he makes the Eomrlfl}' his agent for that pur- golfl. but he Is not thereby estopped to leny that a paper offered in evidence was in fact reduced to Wl’inn% by the telegraph company or dellvered as his’ message. 4 here depositions are withdrawn from & case to entitle them to be read on the "\’:tl,l‘ "Y'I'GY multxhe reflled 1n accordance e visions of sectio 7 2t Zih e g "%, Code . In this state the taking of depositions s regulated by statute, and thel?eo is no provision which requires leave of rnurtgo entitle a party to take a second deposition Of the ‘sdme withess for tse in tHe same case. 12342. Vila against Grand Istand El e Light, tee and Cold Storage Compan 7°ng all, e B?l\vlllon %m N udgmer: Lobi G, LA receivership s a purel remedy and canhot be maintalned. i & proceeding instituted solely for that pur- 2. Unless expressly authorized by statute a cqurt_has. no jurisdiction to &point a olM‘fi;fi o.;grpur:turopeflrr«ry upon grounds no sufficten owner & natural person, vty e receiver cannot be appointed at the instance of @ mere mortgagee for proj not covered by the mortgage. P 4. Jurisdiction to appoint a recetver of corporate property cannot be conferred by the meré consent of the corporation where neither equitable nor statutory grounds exist and where other parties whose rights are affected have not been notified, nor Is a stockholder concluded by such an order. (A%, Relschick ‘against Riger. Eiror ardson. eversed. - I . Albert, C. . The cotinty court has exclusive jurisaiction of ‘all probate. matters ®umd where the rellef sought by an action Is such as the county court, in the exercise of its probate jurisdiction.’ might grant. the district couri has no original jurisdiction. : On the facts stated, held ‘that the dis- trict court was without jurisdiction to con- strue a will and order dlstribution. 12488 Williams against Smith. Appeal feom rmed. Ames, C. Divieion roviso In section 3, chapter lxxvill, “that all roads that shall ply Modern Brotherhood of America Cu,uaniln[ r injury 1 rred, the insured may an action thereon without waiting or the expiration of the perlod limiting the ime with'n which an action may be brlonrth i n &n action on an accident insurance policy Pinintie alleged the accidental aking of his arm. The theory of the de- fense was that the arm ha en, and resistance of the claim was based Upon this ground. Held, that it was 0t error to exclude evidence 'that the ac. tlon was prematurely brought under the terms of the policy. 3, The evidence that proofs of lose or in- jury under an insurance policy were duly furnished being undisputed, tne defendant at no time urging the fallure to furnish such proofs. Itigating its case upon the merits, an instruction purporting to state the essential elements of plaintifte proot will not be held erroneous for omitting to mention the necessity of filing proots of 4 Affidavits addressed to the trial court after judgment on a motion to amend the reporter's notes of the evidence cannot be eons by the appeilite court in the cbsence of a ruling by the trial court on such motio 6. An accldent insurance polley provided that in case of death resulting from an ac- cident the beneficlary would titled to the full sum of one regular a pon all members of the aseo n - in ,ood standing, not to exceed $3,000, and in case of the accidental breaking of an arm or leg the insured would be entitled to one- tenth of the sum which the beneficlary would have received in case of the death of the insured.” T ction on the policy, % the breaking of an arm, wie plaintift asked a witness if he, knew how many members the defendant order had. Obfection that the testimony was “immaterial and frrelevant” was sustained. The defense was based solely upon the ground that the accident as alleged had never occurred. 'An instruction authorized he jury if they found for plaintiff to assess is recovery at the full sum of $3%. Held, that the absence of proof as 1o the mem- bership of defendant would not warrant the setting aside of a verdict In that sum. % A judgment will not be reversed excepi for error prejudicial to the party complain- ing, aMrmatively appearing in the record. # instruction examined and held not er- . Harker against Burbank. Burt. AMrmed. Ames, C. 0. 3, 1 Under the provisions of section 29 of ode of Civil Procedure, a joint obligee 1 bond may maintaln an actlon n his own name without joining where he alleges purchased the in- ee, ia the owner of the real party In interest Error Division the bond therein. 2 Where such an allegation is contained in the petition and is denied by the anewer the plantiff must prove the facts so alleged by some competent evidence and failing to 0 s0 he cannot maintain che action. 3. In such & case plaintiff having intro- Il of his evidence without proving allegations, it is not error for the court to direct a verdict for defendants. 4. The propriety of allowing the plaintift under Buch circumstances to withdraw a Juror and continue the case in ordsr tu ob- iain further testimony is & matter resting in the soung discretion of the court Violet V. N . The record of the trial court examined d held that the court was not gullty of an abuse of discretion In refusing such & Tequesl | f condition. of New York, who has beem sick for about | & week with acute indigestion, about the same. able to take nourishment. believe that fn a week or ten days be able to leave his bed. CZAR TAKES PEASANTS’ DEBTS Shoulders Oppressive Burden of Tax- correspondent of the Dafly Telegraph says | the measures for the relief of the peasants | outlined in the csar's recent reform de- 000,000 bave been canceled, and overdue taxation exceoding $45,000,000, which the peasants owe to the district authorities, has been assumed by the central govern- ment. dens on the peasantry are expected to be adopted shortly. MRS. MILES IS TAKEN ILL Attacked with Heart Tr: and had to be oarried to her hotel. arrived from New York today. Virgl RATIFY TREATY BY CABLE Washing on and Ouban Officials Decide to Break Through Precedent. RESUME NEGOTIATIONS BOWEN READY TO Hopes to Discuss Final Protocols with a Du e Present Week. WASHINGTON, March 29.—Although somewhat out of the regular order the ex- pectation s that informal exchanges of ratification of the Cuban treaty will be made tomorrow or Tuesday by telegraph, ®0 as to meet the requirements that rati- fication sball be gomplete by the 31st. Formal ratification by the usual method will bo exchanged later. Minister Squires has notified Secretary Hay of the action of the Cuban senate in ratifying the treaty yestorday. Venesuelan Talk to Conmtinue. Mr. Bowen hopes to begin work during the present week with the diplomatic repre- sentatives of the Veneruelan blockading powors on the protocol for sending to The Hague tribunal. the question of preforential treatment in the payment of claims. Mr. Bowen heretofore h submitted to the British ambassador the draft of the protocol, a notable feature of which is that the czar shall name the members of the court. It is known that the allles intend to offer some amendments, but their naturo has not been made known, although one of | them is believed to be regarding the prop- | osition relatives to the czar, as there is | thought to be some objection on thelr part to that monarch naming the members of the | court. Mr. Bowen is anxious to have the | work completed as soon as possible and will | urge this on the allies’ representatives. | Acoording to the terms in the protocol of February 13, the first payment of the 30 per cent of the customs receipts of La Guayra and Puerto Cabello for the month of March is to be made to the representative of the | Bank of England at Caracas on April 1. This will form the nucleus of the fund with which the claims of the various nations that are adjudicated by the mixed commis- sions which are to sit at Caracas are to be pald. | President’s Family Will Cruise. | Mrs. Roosevelt and her children will take the projected cruise on the president's yacht, Mayflower, during the coming week. They bade good bye tonight ta the prosident, | who leaves on his western trip on Wednes day morning, and then boarded Mayflower, which has been lying at the navy yard here | for some days. The vessel has been en- | tirely remodeled recently and is in fine Mrs. Roosevelt expects to be ab- | sent about a week. If the weather is good the vessel will go out into the open eea, the first stop being made at Port Royal, S. C. If the weather conditions prove w favorable, Mayflower will cruise in Ches peake bay. The start from the navy yard will be made early tomorrow morning. Ketch Still Weak, The condition of Representative Ketcham | remains He is still weak and un- | The physiclans e will ation First Step in Re- form Movement. LONDON, March 30.—The 8t. Petersburg are already being. carried out. Arrears of taxes amounting to about $57,- Other measures alleviating the bur- e at West Point and is Carried Into Hortel. NEW YORK, March 29.—It 18 learned to- night that Mrs. Nelson A. Miles, wife of the lieutenant general, was taken ill with heart trouble at West Polnt on Saturday, General Miles was telegraphed for and Mrs. Miles is much improved today, though still con- fined to her bed. PRAY RAIN TO STAY FLAMES Fire Gets Beyond Human Control and People COry to Heave: CUMBERLAND, Md., March 20.—A fire has been raging for some days on Mount Pasagh in Clay county, West Virginia, and 1s assuming such a threatening nature that the people in that locality ‘are praying for rain. 4 The village of Clay is reported to be in imminent danger of destruction. DIES IN SQUIRREL QUARREL Farmer Shoots Companion Dead in Row Over Quantity of Rodents. CUMBERLAND, 1. T., March 20.—Luther Mays and Willlam Lindsay, both farmers, quarreled over & quantity of squirrels today and Lindsay shot Mays dead. Lindsay surrendered and asserts he fired in self defense. HOLDUP MEN FREEZE VICTIMS Lock Saloon Patrons is Ice Box While They Are Looting Ka Bar. ATCHISON, Kan;, March 20.~Two masked robbers held up three men In George Keene's saloon at East Atchison at mid- night and after securing $100 and some jewelry locked them in the lce box and escaped in a stolen ri; Many May Strike in Sympathy. NEW YORK, March 20.—A question arose today in the Central Federated union on the advisability of calling out the engineers, firemen and brewery workers in a final ef- fort to assist t! horseshoers to win thelr strike. The horseshoers have been out for seventeen weeks, and are making no head- way. A committee had been appointed to wait on the brewers, and Delegate Kelly reported they had met with a flat refusal To Cue Gripin 2 D Take Laxative Bromo Quinine Y MR WERK NE 7D(;ing a Large Business usually means assuming large risks—too large to be a safe burden upon an individual estate, Wise business schxal insurance their perscnal estate of this risk. All such will be in- terested in “A Banker's Will,” containing the instructions of a New York Bank President to his trustees regarding invest- ment of his personal estate. A $1,000,000 policy is another insurance romance of special lthcllion to men of affairs, described in ‘‘The Largest Annual Premium, Send to-day for both pamphlets, This Company ranks £ ~In Amets. First —1n Amount Paid Pollcy-holders, Frrst—In Age. Tue_MurtuaL Lire INsuranck Company or NEw York Ricuann A. McCuroy, President, men carry to relieve Nassau, Cedar, Willlam and Liberty Sts., New York, N. Y. FLEMING DROS, Manager Omaha, Neb Des Motnes. wa. We give written contracts to cure Diseases and Disor- ders of Men, or re- fund money paid. Many cases taken /%" §5.00 per month, VARICOCELE, HYDROGELE eured in § days, without eutding, pain or loss of time. Legal guarantes to cure you o money refunded. s SYPHICS oughly cleansed from he systom. aymptom dlsappears compl: and forever. N AKING OUT" of th ease on the sk co. @angerous drugs or injuris from Eacesses or VICTIMS T NERVOUS DEBILITY HAUSTION, WASTING WRAKNESS, wi L DECAY In YOUNG and MIDDLE AGED, lack of vim, vigor and m:lh, with organs impaired and weal cured with & new s STRIGTURE =zt 2 s m busio FRINARY, Kidney and Biadder Troubles, Weak Burning Url uency of Urloating, Urine Ty wed standi OR. SEALES & SEALES, Omata, DR. PECIALIST Treats all forms of DISEASES AND DISORDERS OF MEN ONLY 17 Years Experience, 17 Years In Omaha His remarkable euc- Prings many fatiar: aled an Ly . . 4 he 1s dolng, or the e, ment for S)E(hllis BLOOD DISEASE e VARICOGELES.:#: OVER 30, gt 000 St " T T RESERVED SEATS FOR THE Ak-Sar-Ben Musical Festival AT THE DEN MAY 7, 8, © AND 10. On Sale Monday, March 30 at H. J. Plniol!d".c.(::'l. 1408 Farnam SEASON TICKETS $3.50 for the six concerts. The Chicago Bymphony Orchestra an Chorus of Volces—three nights and two matinees—May 7, 8, 0. Full Metropolitan Opera Hou Orchestra of New York J, 8. Duss, Conduotor. NORDICA AND DE RESZKE One Evening—May 1. JAMES O'NEI FRANCIS W $1.00, $1.50. BOYD’S{ ™™ uiimr IN THE MANX- LL| MAN.” H 60e, 5o, $1.00, $150. TUESDAY, WEDNESDAY MATINEE AND NIGHT, “A TRIF TO CHINATOWN" Prices: Mat—2c, B, Night—2c, B, TONIGHT Toe, §1.00. FRIDAY AND SATURDAY MATIN AND NIGHT, ON in the “TOREA Matinee and Night P Positively no free list CARIaNTON Prices: Telephoue 1531. Matinees—Thursday, s-lurun‘sundu—l:u. Every Night— High=Class RENO AND _RICHARDS RYA AND SE — FRAN BARBETTE KINODROM Prices—10c, 25¢, e Lecture on CHRISTIAN SCIENCE BOYD'S THEATER Thursday Evening, April 2nd, at 8 O’clock, by Carol Norton, C. S, D. of New York. Member Christian Secience Board of Lec- tureship of the First Church of Christ, Sclertist, Boston. Admission free.