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DUNN TELLS HIS SIDE Plaiotiff in Diamend Baloon Oase Says He is Agent of Oitisans, L H. WDONALD APPEARS AS PETITIONER Witness Admits that He Himself Might Have Played Cards for Momey in CUf Cole's Place, The testimony of Ignatius Jehovah Dunn occupled the morning hours in the eriminal division of the district court in his action against the Diamond saloon, where he al- leges gambling devices are kept and ope- rated. ‘When questioned by Attorney Connell, Mr. Dunn stated that he had begun the prosecution of the Diamond saloon at the request of local citizens, who had got up a petition asking him to act In such a ca- pacity. The name of J. H. McDonald ap- peared second on this list, and Mr. Con- nell made much of this fact, as it has been alleged that Dunn was employed by Me- Donald to prosecute this case because the proprietors of the Diamond would not ac- cede to an alleged roquest made by M- Donald for a share of the profits of the Diamond. The attempt was made by Mr. Connell to show that Dunn was actuated in bring- ing the suit by feelings of personal hatred toward Thomas Dennison. The statement having previously been credited to Dunn with having called the proprietors of the Diamond “highwaymen,” in reply to a query from Connell, Dunn said that did not exactly cover his designation of them, as he had deemed them a ‘gang of out- 1aws" who had been granted police protec- tion for a period of six or seven years. Dunn Aceu: the Sherifr. Reference was made by Dunn to what he alleged to be bad faith on the part of the officers of the law, especlally the sheriff's office. Dunn stated that he had repeatedly caused search warrants to be fssued, but that the sheriff had tipped it off to the gamblers and when the strong arm of the law reached the place the gamblers had not only decamped, but had carried their gambling furniture and para- phernalia with them. This alleged fact was also said to be true in regard to some service he had desired to obtain against some South Omaha gambling places, which resulted in failure, Mr. Dunn said he was sure of the fact that the Diamond saloon had been operated under the protection of the officers of the law for several years and that it was for this reason, above all others, that he was actuated in his proceedings against the Diamond. This gambling, which Dunn al- leged is not as general as before, for the reason that it seems to have centered at the Diamond, was termed “outlawry.” Mr. Dunn stated that he had several times been offered employment in a legal ca- pacity by the Diamond’'s representatives, but that he had refused to enter into such an agreement. Much amusement was noticed in the court room when Connell asked Dunn if he had not played cards for money in CUff Cole's place. Mr. Dunn replied evasively to this question and sald that he might have, and then again he might not have played cards for money In that place. Several Witnesses. The witnesses Thursday afternoon fin- cluded Milton T. Barlow, Lee Bpratlen, Homer Kirk, A. C. May, Patrick Dennison and 1. J. Dunn. Nothing that was espe- clally new or startling was developed by the witnesses. The feature of the after- noon was t! lestimony of I. J. Dunn, one of the relators and the plaintiff in this action. Mr. Dunn’s testimony was mainly a refutation of the statements made dur- ing the morning hours by Mr. Broatch, who, as a member of the Board of Fire and Police Commissioners, testified that Dunn had said, earller In the year, that he would not institute a suit dgainst the Diamond saloon if he wers sure that Den- nison had no connection with it. Patrick Dennison testified that he did not operate or have anything to do with the pool room, but owned a half interest in the Diamond saloon. The hearing of testimony in the case against the Diamond saloon, where I. J. Dunn alleges gambling devices are kept and operated was continued before Judge Estelle yesterday afternoon. The presenta- tion of testimony is not concluded and as Judge Estelle departed for Hot Springs, Ark., last night, an adjournment of the case was taken until Monday, November 23. Nothing of importance was developed by the testimony yesterday afternoon, when timony was offered by 8. B. Clark, H. Swigart, Patrick Mostyn, Secretary Hac- vey of the Board of Fire and Police Com-~ missioners, A. Morrison and T. H. Cooley. Constable 8. B. Clark sald he had gone to South Omaha on a number of occasions at Dunn's suggestion to close gambling places and on one of these occasions he had told Dunn that it would be more sat- isfactory to him (Dunn) If he would get after other gamblers in this eity than Den- nison. Testimony in the case will be continued this morning, and it is expected that the case will be closed by noon. pos ot Bl e S Watch for the mis-spelled words—they're coming. MAXWELL HERE NEXT WEEK Will Come Ag to Work Up Leeal Natlonal Irrigation, George H. Maxwell will probably re- turn to Omaha Wednesday for another meeting In working up local interest In national irrigation. Secretary Utt of the Commercial club recelved a letter this morning making this date. Mr. Utt at- tended the irrigation meeting in Lincoln at which Mr. Maxwell talked, and since his return has malled coples of the firri- gation act to members of the committee on irrigation, which was appointed to con- sider some action by Omaha. The com- mittee has not met, but will probably do 50 in a few days. The Parish Ald mlc\y of Trinity cathe. dral will serve luncheon in the Gardner Memorial house Saturday from 12 o 2 p. m. HERO OF SIEGE OF PEKING Dr. Frank D. Gamewell, Who t Dr. Frank D. Gamewell, who will ad- dress the men of Omaha at the Kountze Memorlal church Sunday afternoon at 4 o'clock; was made the commander of the fortifications of the slege of Peking by the British and American ministers. The doctor tells In a fascinating way of this siege and how every one was pressed A Weak Heart neglected means heart disease, the most common cause of sudden death. Dr. Miles' Heart Cure will M en. regulate and cure weak THE OMAHA DAILY BEE: BATURDAY, NOVEMBER 14, 1903. into service, how some were appointed to watch for the fires of the enemy and how the women were put to work making sand- bags that could be used upon the walls. ““The secret of a successful fortification,” says Dr. Gamewell, “is to place something between you and the bullets.” Dr. Gamewell says his boyhood days were spent In the south and his knowledge of fortifications used in the civil war proved to be of unto!d benefit to him at this time. The British government in speaking of his work says that without doubt the sav- ing of the lives of the misslonaries was due more to his generalship than to any one thing during the slege. Get out your old spelting book. It will be useful after you see The Bunday Bee. BACK TO THE STATE COURT Boyd Oounty La Case Remanded Judge Munger yesterday handed down his memorandum opinion in the Boyd county land case, which in effect remands the case back to the state court. The formal title of the case is Alexander H. Blair et al against George D. Follmer as commissioner of public lands and bulld- ings of the state of Nebraska et al. The plaintiffs allege that they settied on the lands In question before they were sur- veyed, which were a part of the Fort Ran- dall military reservation, and hold that they were protected in their rights by the congressional enactment of 1883. The court holds that thers is nothing in their petition to indicate that there is any question as to the construction of the said act of congress. The case In brief is that the plaintifts were squatters on the Fort Randall reser- vation lands prior to their alienation by the general government to the state of Nebraska. After the allenation of the lands plaintiffs claimed possession under the homestead entry laws. They lost before the land office officials at O'Nelll and later before the state courts. The state brought sult (that as these lands were school lands under the terms of transfer of the lands from the government) for payment for the lands under the school land lease laws of the state. Plaintiffs contracted payment on the ground that a federal question was in- volved and the defendants later brought the matter into the federal court to decide the question. Attorney General Prout, who appeared as attorney for plaintiffs, was placed In the anomalous position of belng against the proposition submitted by George D. Foll- mer as a state officer. This Is accounted for in the fact that it was the attorney general's contention that a state question was Involved; that the state could not be sued and that the United States court had no jurisdiction in the premises; that the lands belonged to the state as school lands, and their disposal was wholly at the discre- tion of the state. If you can spell, you may win a prize. ‘Watch The Sunday Bee. LARGE TAXPAYERS ARE SLOW Majority of Corperations Fall to File | Schedules Flem! Wil Aet. Approximately 7,000 of the 15,000 personal property schedules due in the office of the city tax commissioner have hot been re- celved, though the time for their filing will expire tonight. But one pub- lic service corporation, the Omaha Electric Light and Power company, has filed its schedule, and. the large business interests of oll kinds have been equally dilatory. Uncertainty as to the operation of the new revenue law is given for the non- arrival of the schedules. The number de- linquent {s about 2,000 more than in previous years. The Board of Review, composed of Tax Commissioner Fleming, Harry L. Reed and W. L Kierstead, will convene Monday at 10 o’clock. About 8,000 schedules are ready for their consideration. They will sit for one month. Property owners dissatisfied with assessments hold the initiative for protest. “If the corporations and large business houses do not file thelr schedules by Sat- urday night I will be compelled to estimate the values and make them myself,” sald the tax commissioner. ‘You may be sure, however, that every large property owner that has not filed a schedule will be called ‘n to answer questions concerning his hold- ings, All replies will be demanded under oath. The Indications are that there will be more taxpayers called upon this year than ever before.” r——— Watch for the mis-spelled words—they'rs coming. COMMITTEES FOR EXCHANGE Hustlers Are Appointed to Swell Mem- bership of New Grain Market Organization. The board of directors of the Omaha Grain exchange held an executive meeting at the Omaha club yesterday, with all members present. About the only business transacted was the reading and approval of the minutes of the last meeting and the consideration of measures for addi- tions to the exchange membership. The following committee was appointed to solicit for new members: A. B. Jacquith, N. B. Updyke, N. Mer- rlam, F. A. McWhorter, A. E. Reed, G. W. Wattles and E. E. Bruce, The board then adjourned to 12:30 p. m. Friday, November 20, NO GREASE OR DANGEROUS DRUGS. In “Herpieide,” the New Sclen: Successful Dandruff Treatme Have you dandruff? Then you have a contagious parasitic disease, unpleasant, unhealthy and one that will eventually lead to baldness. To cure it you must de- | | The Above on Sale at stroy the parasite that eats at the root of | the hair. The only preparation for destroy- Ing these germs is Newbro's Herpiclde Charles Klein of Laramie, Wyo., says: “Herpicide allayed the itching, cured the dandruft and stopped my hair's falling out; and it is bringing a new crop of hair." Herpicide is free from grease or dangerous drugs and makes hair glossy and soft as silk. One bottle will convince you of fts merits. Sold by leading druggists. Send 10c in stamps for sample to The Herpicide Co., Detroit, Mich. Sherman & McConnell Drug Co., special agents. NEW SALE MAY BE OFFERED Ordinance for Disposition of Bomds to Be Passed if Todd & Co. Fall to y. The time limit det when Todd & Co. of Cincinnati, O., must either accept the issue of $484,000 renewal bonds awarded to them some time ago by the city or reject the bargain will expire at 3:30 this after. noon. In case nothing is heard from the bond company new ordinances will be passed at Tuesday night's councl] meeting, putting the bonds on the market again Todd & Co., according to the finance de- partment, has played & waiting game and, epparently, cannot handle the lssue. The Metropolitan Magazine R. H. RUSSELL, PUBLISHER, N. Y. CONTENTS FOR NOVEMBER, AN AMERICAN GIRL Reproduced from an Etching by Pauv. Heiizu,) THE STORY OF THE COD AND HIS FOES Illustrated from Photographs by the Author and others THE PROVING OF A CASSIM. A STORY Illustrated from Drawings by Hermany C. WarL. THE SA’-ZADA TALES . Illustrated from Drawings by ArrHur Hnnno MAKING A NEW PLAY FOR SARAH BERNHARDT Illustrated from Photographs posed by Marion Crawrorp. BOB'S FEATHERED INTERLOPER. A STORY . Illus*rated from Photographs by the Author, Now on Sale A. Porter Rex INEVITABLE POEM . . A PINK EVENING WITH POE A Story Illustrated from Drawings by Georce Gisss OUT OF THE MAZE. A POEM . . Decorative THE MAN WHO CAME BACK. A STORY Illustrated from Drawings by FrAnNk PArksr LOVE'S PARTING, POEM . . . WEAPONS OF THE WEAK. A STORY THE TOOL OF HIS VENGEANCE. A STORY . * WOMAN: ONE OF HER VARIETY. A STORY. Illustrated from a Drawing by CHARLES SARKA Frame by Louis Rueap CROSS COUNTRY. POEM . . . . Illustrated from a Drawing by Tueona Prcx Buy This Nu BACK TO SCHOOL: Tllustrated from a anmg by C. D. Hussarp - THE WHOLE TRUTH ABOUT STEPHEN LOCKE. Illustrated from Drawings by F. R. Grucer. TRANSFORMATION. POEM. Charles@, D. Roberts Illustrated from a Drawing by CHARLES SARKA BIRDS OF A FEATHER.STORY. Guy Wetmore Carryl, I ASK NO MORE.' POEM. ADAM : A REPRESENTATIVE MAN Col. D. Streamer Iljustrated from Drawings by F. STROTHMANN PAUL HELLEU AND HIS ART. Illustrated from Dry-Points by M. HzLLey THE QUEEN'’S QUAIR. AN HISTORICAL NOVEL Maurice Hewlett illustrated from a Drawing by H.E. TownsenD THE CONQUEROR. POEM. Theodosia Garrison Read It! PUP: A LIKEABLE OUTCAST. A STORY Philip Verrill Mighels Illustrated from Drawings by H. McCormick MR. BILLINGTON, A POLITE RASCAL William Hamilton Osborne Illustrated by P. Bransom &W.G. DeMaris JEHOSHAPHAT. Ewan MacPherson STRENGTH RENEWED. POEM Helen Leah Reed MISS POLLY’'S LEVIATHAN. A' STORY Robert Howard Russell Illustrated from Drawings by E. W. KemsLs SIXTEEN DRY-POINT PORTRAITS PAUL Helleu ALL NEWS-STANDS Clarence H. Urner Fitz Roy Carrington S ' @UO&“S FARNAM S 7. @ L1903 Frontispiece in Tint Broughton Brandenburg S. L. Bensusan W. A, Fraser ' W. de Wagstatle Qene Stratton-Porter Julia R. Tutwliler Elsa Barker * Rebecca Harding Davis Curtis Hidden Page Allen P. Ames s H. Addington Bruce Philip Sydney Howe : Edwin Emerson, Jr,! mber Harrison Rhodes _—— e Newspnl? ersFrom_All Over R SPECIALTY. THIRD SUSPECT IS ARRESTED Three Men Held for Street Oar Ho'dup Last 8aturday Night. ONE CHARGED WITH HIGHWAY ROBBERY Motorman and wetor Positively Identify Charles Smith and Think James Co o and Frank Wells Are Guilty. Charles Smith, positively identified by Conductor F. M. Valentine and Motorman Ira Flannagan, who were held up at the terminus of the Park car line at Hanscom park last Sunday night and robbed by three masked men, as one of the trio, has been charged with highway robbery in an information filed by Assistant County At- torney Frank L. Weaver, James Costelio cessories to the crime, Flannagan and Val- entine not being able to positively identity ' them as in the case of Smith. Costello claims Salt Lake as his home, Smith, Sloux City and Wells, Chicago. Frank Wells was arrested Thursday night at Odin's hall on Farnam street be- tween Tenth and Eleventh. He was picked up by Detectives Drummy and Madsen, who recognized him as one of the men from a meagre description given them by Flan- nagan and Valentine. A little strategy on the part of the of- cers sufficed to get Wells to accompany them to the station on the pretext that he was wanted by a friend who had his gun, he was induced to select one of the two revolvers found on Smith as his own. Consldering this sufficient evidence of com- plicity Wells was locked up, A reward of $6(0 was offered by the street car company for the arrest and conviction of the robbers. In u Class Alome. No other pills on earth can equal Dr. K:‘l Now uuu. Pills for stomach, liver kidneys cure, 5o pay. e For sale by Kuhn & Co £ SPECIALIST, Treats all forms of DISEASES OF MEN ONLY